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OA17161219

THE Ordinary of NEWGATE HIS ACCOUNT OF The Behaviour, Confessions, and Last Speeches of the Malefactors that were Executed at Tyburn on Wednesday the 19th of December, 1716. AT the General Sessions held at Justice-Hall in the Old Baily, on Wednesday the 5th, Thursday the 6th, Friday the 7th, Saturday the 8th, and Monday the 10th of December 1716, 20 Persons, viz. 15 Men, and 5 Women, that were Try'd for, and brought in Guilty of, diverse Capital Crimes, together with 3 others (viz. 1 Man and 2 Women) who had abus'd former Mercies by returning to their old wicked Ways (amounting in all to 23) did receive Sentence of Death accordingly: But 3 of the Women being found pregnant, and 4 other Women, with 7 of the Men (being 14 in number) having obtain'd a most gracious Reprieve (which I hope they will take better care to improve than many others before them have done) 9 only are now order'd for Execution. While they lay under this Condemnation, I constantly visited them twice every day, sometimes in the Condemn'd Hold or Dungeon, but oftener in the Chapel of Newgate; where I pray'd with them, read and expounded the Word of GOD to them, and endeavour'd by proper Arguments from Reason and Religion to bring them into a state of true Repentance, that they might not perish in their Sins. On the Lord's Day the 9th instant I preach'd to them and others there present, both in the Morning and Afternoon, on Psal. 86. 12, 13. the Words being these: I will praise Thee, O Lord my God, with all my Heart; and I will glorifie thy Name for evermore. For great is Thy Mercy towards me; and Thou hast deliver'd my Soul from the lowest Hell. From which Words, first explain'd in general, I discours'd in particular upon these Points, viz. I. Hell, under its various Acceptations; shewing, 1st, That there is an Hell on Earth, which is twofold, viz. A Temporul Hell of Afflictions; and, A Spiritual Hell of Conscience. 2dly, That there is a Hell under Earth, which is also twofold, viz. The Pit of the Dead, i. e. the Grave; and The Pit of the Damn'd, which is the Lowest or Nethermost Hell. II. God's Unspeakable Mercy in delivering us from this Hell; which consists of these two Things chiefly, The Pain of Sense. The Pain of Loss. The former of which are in Scripture describ'd by, 1. Eternal Darkness. 2. Unquenchable Fire. 3. The Worm never dying. 4. Everlasting Bands. 5. Conversation with Devils. 6. Bitter Weeping. 7. Continual gnashing of Teeth: And the latter consists in an Eternal Deprivation of God's gracious Presence; which is the greatest of all Miseries, as being the utter Loss of all that is good, desirable, and absolutely necessary for Man's Happiness. III. ult. The indispensablo Obligation we lie under to return our humble and hearty Thanks to our good God, for his infinite Mercy in delivering us from the lowest or nethermost Hell, even from Eternal Death and Damnation. And on the last Lord's Day the 16th instant, I preach'd to them again upon part of the Gospel appointed for that Day, viz. Matt. 11. 10. containing these Words spoken by our Blessed Saviour himself: For this is he of whom it is written, Behold, I send my Messenger before thy Face, which shall prepare Thy Way before Thee. From which Words I shew'd, I. What Place (i. e. Mal. 3. 1) this Expression [It is written] has a reference to; and how we ought thence to learn, that it is most necessary for us carefully to read, and make ourselves well acquainted with, the Word of God; which (being sanctified to us by the Spirit of Grace) is able to comfort and to save our Souls. II. Who was the Messenger here spoken of, namely, St. John the Baptist; and what sort of Life he led, i. e. a Life of great Austerity; such as then became his Office. III. and lastly, What his Message was, viz. The Preaching of Repentance. Upon these I first discours'd at large, and then spoke more particularly to the following Points resulting from the Text, and with respect to the Season of the Year and present Occasion, very proper to be then insisted on: 1st, The true Nature 2dly, The absolute Necessity 3dly, The great Danger in the Delay 4thly, & lastly, The blessed Fruits of Repentance. Having enlarg'd upon those Heads and Particulars, I concluded with suitable Exhortations and Applications to the Persons condemn'd, whom I endeavour'd to bring into a due Sense and sincere Repentance of all their Sins, and to the Practice of all Christian Duties, so far as their unhappy Circumstances would admit. And this was my Daily Work with them, who, in my private Examinations of them, gave me these respective Accounts of their past Lives, present Dispositions, and future Hopes. 1. William Thompson alias Nodes (which latter was his right Name) condemn'd for assaulting and robbing on the King's Highway Mrs. Grace Stacey , Mrs. Mary Carleton , and others in the Whetstone Coach, taking from them 2 Gold-Rings and 6 s. and 6 d. in Money, on the 7th of November last. He said, he was 28 years of age, born in the Parish of St. Bridget , London , an Upholsterer by Trade, and liv'd with his Father. He confess'd the Fact he was now condemn'd for, but was loth to own that he had about 18 months ago receiv'd Sentence of Death at the Assizes held at Winchester , where he was then try'd for, and convicted of, an Assault and Robbery by him committed upon Mr. John Thomas , a Gardiner at Mortlack , whom he shot at that time in the Shoulder. This he obstinately deny'd his being guilty of; and to extenuate his present Crime, said (which to me seem'd a very strange Argument) That since he had been formerly Condemn'd for a Fact he was innocent of, and afterwards pardon'd for, that Pardon should now serve to save his Life. This he so much hoped for, that he would make no great Preparation for Death, till he found himself almost on the very Brink of it; then indeed he began to relent, and to beg Pardon of God, and all the Persons he had offended, who were not a few; but he would not exactly tell how many, and who they were, nor in what manner he had injur'd them. Upon my asking him, Whether he did not (with one Joseph Johnson , who was executed at Maidstone ) rob Mr. William Giles on Friday the 17th of December 1714, taking from him a Silver-Watch and 10 s. as he was coming from Harrow o' th' Hill : He answer'd, He was not in the least concern'd in (nor knew any thing of) that Matter. 2. James Hudson alias Butler , (which latter he said was his right Name) condemn'd for being concern'd with the 'foremention'd Nodes, in robbing on the King's Highway, and making an Assault on Mr. John Sheldon , taking from him a Silver-Watch on the 7th of November last, at the time Nodes robb'd the Whetstone Coach, on Finchley-Common . He said, he was about 28 years of age, born in London of good Parents, who gave him a liberal Education at Eaton School and elsewhere: That he had travel'd thro' France , Italy , Spain , and the Low Countries , and understood those Languages: That he for some time had serv'd in Colonel Lumley's Regiment , and but of late been engag'd in this wicked Course of robbing on the Highway, but had never kill'd (nor ever intended to kill) any Person whom he thus assaulted; neither had he committed many such Robberies, nor any that were considerable. However, he was sensible of his great Offences, and the Justice of his Sentence, and begg'd Pardon of GOD and Men. He declar'd to me, That he was of the Romish Religion , and would die in that Faith, tho' at the same time he said there were some things in it which he did not approve of, as the Invocation of Saints, Worshiping of Angels, &c. and seem'd to be somewhat affected with my Prayers and Exhortations. This I observ'd in him at first; but afterwards as he drew nearer his End, he was not so willing to hear me as he was some others, whose Principles (I suppose) agreed better with his. He pretended this Fact he stood condemn'd for was his first; but upon my putting him in mind, that he had formerly been a Prisoner in Newgate , and there remain'd 2 Years upon a Fine of 50 l. of which at last he was discharg'd, tho' not cured of his vicious Inclinations, he own'd all this to be true. 3. William Parker alias Gaves alias Hawkins (the first he said was his right Name) condemn'd for breaking, and taking several Perruques out of, a House in Holborn, about 8 months ago. He said, he was about 29 years of age, born in the Parish of Christ-Church , London : That he was brought up to the Sea , and had serv'd on board several Men of War and Merchantmen alternately, and never was concern'd in any ill Fact before this which he stood condemned for, and was (as he pretended) brought into it by the Evidence against him: Yet I found, for all his Pretences, that he had been an old Offender. He confess'd himself guilty of most of the odious Vices which are too too common among Men, and too little taken notice of; I mean Whoring, Gaming, excessive Drinking, Prophanation of the Lord's Day, Cursing, Swearing, and the like. Upon my asking him, Whether he was concern'd in the Breaking and Robbing the House of Mr. Henry Cross , a Gunsmith near the Admiralty-Office over against Scotland-yard , on the 3d of March last; He said, He was; and that Himself, with the Evidence against him, and another Person, did commit that Fact, and took thence some Wearing-Apparel, 7 Guineas and a Gold-Ring in a Box, 5 Pocket-Pistols, and other Goods of great value. He could not deny, but that he (together with William White , Edward Darvell , and Thomas Thurland , who were executed on the 8th of June last) had committed several Robberies, and particularly that on the Person of Mr. John Gough , near Holloway , about 7 or 8 months ago; and had been concern'd in diverse other Facts, not only in Middlesex , but in Essex and other Counties, which he refused particularly to mention; for so obstinate and so proud he was, that he would fain have passed for a very innocent Person with such as knew not so much of his Wicked Life as I did. I endeavour'd to raise in him a Sense and Abhorrence of all his Sins, in order to bring him into a state of True Repentance; of which indeed he gave no other Token than saying, That he was sorry for what he had done amiss, and begg'd Pardon for at both of GOD and of all the Persons he had wrong'd. 4. Richard Brookes , alias Strickland , alias Slater , alias Sturt , call'd down to his former Judgment for not having transported himself according to the Condition of the King's most gracious Pardon, which he pleaded at the Old-Baily on Saturday the 6th of August 1715, under the Name of Richard Strickland , which he told me was his right Name; but instead of his leaving these Parts of the World, and reforming his Life, he remain'd in London , continued in his wicked Course, and so at last brought himself to this shameful and untimely End. He said, he was 22 years of age born at Oxford , and when about 17 went to Sea , where he learnt the Art of Navigation, and for these 4 or 5 years past had alternately serv'd on board several Men of War and Merchant-men. He confess'd the Fact he was indicted for, viz. the breaking the House of Mrs. Mary Gruby on the 8th of Nov. last; and also own'd, That he had committed many Robberies, but could not well tell who the Persons were he had thus injur'd, neither was able to make them any other Reparation, but by acknowledging his Crimes to be great, and begging God's Pardon and theirs, as he did. 5. William Dean , condemn'd for a Burglary, viz. for breaking the House of Mr. Tho. Hall , and stealing thence 12 Shifts, a pair of Sheets, and other things, on the 10th of September last, of which he own'd he was guilty, and also acknowledg'd another Fact of the like nature he was try'd for, and for want of sufficient Proof, acquitted of, viz. the breaking of Mr. James Pattison 's House, and taking thence a Cloth-coat, a Wastcoat, a Silver Box, and other things, on the 6th of the same Month of September last. Both which Facts, he told me, he and John Moony had committed in Company with, and by the Enticement of the Evidence against them. He said, he was 20 years of age, born in the Parish of Christ-Church in Southwark : That for above these 10 years past he had been employ'd in the Glass-houses there, and in the Minories , and never committed any Robbery before these two; which he said, he heartily repented of, and desir'd me to pray to God for him: but at last acknowledg'd, that within these 4 years past he had pickt several Peoples Pockets, and committed 12 Burglaries both in Middlesex and Surrey , but did not know the Persons he had wrong'd. He was very ignorant, and could not Read at all, which was a great disadvantage to him; yet behav'd himself as One that desir'd to obtain God's Pardon and Salvation. 6. John Moony , condemn'd for being concern'd with William Dean and the Evidence against him, in the breaking and robbing the House of Mr. Tho. Hall , which, together with the Burglary by them committed in Mr. Pattison's House, he freely confess'd himself to be guilty of; but said these were the only Crimes he deserv'd to be punish'd for by the Laws of Men. He told me, that he was but 18 years of age, born in Spittlefields , and bound Apprentice to a Clock-maker with whom he liv'd but 3 years, and then leaving him, went to Sea , where he served sometimes on board Men of War, and at other times in Merchant-men. I found him a poor ignorant Person, who could not read; yet being made sensible of his Faults, and of the necessity of his repenting of them, he said, he was very sorry he had offended God and wrong'd his Neighbour, and beg'd Pardon of both. He own'd at last he had broke and robb'd several Houses within these 3 years past, but knew not the People he had thus wrong'd. 7. Anthony Rogers , condemn'd for a Burglary, viz. the breaking the House of Martin Purcel , Esq ; and stealing thence a Silver Canister, val. 6 l. on the 15th of October last. He said, he was 19 years of age, born in Maiden-lane , near Co-Covent-garden : That he had been bound 'Prentice to a Carpenter , but staid not with him above 2 years, then ran away, and went to Sea ; where he serv'd on board some Merchant-men for near 3 years off and on. He confess'd he had been engag'd above 2 years in an ill Course of Life, and had within that time committed diverse Robberies and Burglaries; but got no great Matter by them; and, That he never was brought to Justice, tho' he had deserv'd Punishment, before now. He declar'd himself a Romanist , and said, he would die in that Perswasion. 8. Thomas Hurd , alias Davis , (the former he said was his right Name) condemn'd for stealing 3 Weather-Sheep of Mr. Gadsby's, on the 2d of March last, and for being known to be an old Offender. He said, he was 26 years of age, born at Warwick : That when but young, he came up to London , and was bound Apprentice to a Baker on Saffron-hill , with whom he faithfully serv'd out his Time of 7 years, and when expir'd, he wrought Journey-work first with his said Master, and then with another Baker in Piccadilly : That afterwards he listed himself a Soldier , had been in the Service these 5 years, and the last of them in the Second Regiment of Guards, in which he was when committed to Newgate for the Fact he now stood condemn'd for, and own'd himself guilty of. He also confess'd he had done many ill things; and particularly, that he stole several Geese from a poor Woman, who made them a Livelihood for her and her Children; and had done many suchlike Facts; and besides all this, he had led a very lewd Life. He further said, That he was once burnt in the Hand and sent to the Bridewell at Clarkenwell for 2 years; but this did not reform him. And now, considering how wicked he had been, and how much Evil he had done, he seem'd at first to despair of God's Mercy towards him, and earnestly desir'd the Prayers of the Church, and my own for him, which he had, together with Advice and Instruction suitable to his sad Circumstances. 9. William Hartley , condemn'd for stealing 5 Steers of Mr. William Cawthorn 's, on the 6th of October last, and also a bay Colt, belonging to Mr. Francis Harrison , on the same Day. He said, he was 44 years of age, born near Shipton in Yorkshire , where he follow'd Husbandry for some Time, but at last fell into an ill Course of Life. He confess'd the 2 Facts he stood condemn'd for, but wou'd not own, that about a Twelvemonth ago he was whipt for a Felony he had then committed. He cou'd neither read, nor give any account of his Faith, as being very ignorant in Matters of Religion; yet said, that when he was in the Country he us'd to go to Church, tho' not so ofteu as he shou'd have done. At the Place of Execution, to which they were this Day carried from Newgate in 3 Carts, I attended them for the last time, exhorting them more and more to repent. I (as usual) pray'd by them, sung some Penitential Psalms with them, and made 'em rehearse the Apostles Creed. Then they spoke to the Standers-by to this effect, viz. That they would take Warning by them, and pray for the happy departure of their Souls. After this I recommended them to God's Grace, and left them to their private Devotions, for which they had some time allotted them. When they had done praying, That God would receive their Souls, the Cart drawing away, they were turn'd off, and so dy'd. This is all the Account I can here give of them. Wednesday Dec.19.1716. NB. In my last Paper, among other Particulars, I gave this Account, That in the late Mayoralty 122 Persons receiv'd Sentence of Death at the Old-baily, and but 70 of them were executed: Whereupon I must now observe, That there were 18 of this Number who had been (some of them twice) Condemn'd and Pardon'd before, but abus'd that Mercy to their great Shame, and the Hurt of honest People. And here, for the Satisfaction of those who seem to wonder and be uneasie at the present Encrease of common Malefactors, I must likewise take notice, That this Calamity proceeds chiefly from the late Rebellion, which (as it plainly appears) has had this dismal Effect, That it had debauch'd many in these Nations, and made those that were already of loose Principles, and inclin'd to Vice, more wicked than they were before, and much more audacious and impious: So that their Clamours are very Unreasonable and Unjust, who complain of the Severity of this present Government; the many Instances of Mercy shewn by His most Gracious Majesty, (even to his worst Enemies) which far surpass all we can find of this nature in former Reigns, speaking aloud his Unparallel'd Goodness and Clemency; insomuch that if there were any Reason to complain, 'twere rather on the other side, viz. That Justice has given way too much to Mercy, and that many who have receiv'd it have taken too little Care to improve it as they ought to have done. Now let them consider, who maliciously and wickedly asperse this our happy Government, representing it as Cruel and Tyrannical, how few of the many Rebels in Great Britain have suffer'd the Punishment which the Laws of their Country had justly inflicted on them; and then let them admire, and be thankful for, that Transcendent Mercy by which they still live; and let them shew their True Gratitude by their future Obedience and Loyalty to the Best of Kings, who now reigns over us; and I pray God may long continue a Blessing to us. Amen. PAUL LORRAIN , Ordinary . ADVERTISEMENT. THis is to give Notice to all Gentlemen, Booksellers, and others, That there is lately publish'd a new Sett of Cuts, adapted to several sizes of Commonprayers, all new Designs, by Mr. Gocree of Amsterdam, engrav'd by P. Vandergucht. Likewise Mr. Sturt's Cuts. Sold by ROBERT WHITLEDGE , at the Bible and Ball in Ave-Maria-Lane , near Ludgate , where may be had all sorts of Bibles, either in Folio, Quarto, Octavo, Twelves, or other sizes; Common-prayers in Folio, for the Use of Churches; Commonprayers in Octavo and Twelves. A New Edition of the Book of Homilies in Folio; all neatly bound. The Duty of Man's Works of all sizes. Duty of Man in Latin. Latin and Welsh Commonprayers, Tat and Brady's new Version of Psalms, with the new Supplement. Dr. Gibson on the Sacrament. Mr. Clutterbuck on the Liturgy. The Statutes at large in 3 Volumes. Bp Beveridge's Sermons and private Thoughts. London Printed, and Sold by J. Morphew, near Stationers-hall.

OA

17161219

OA17260912

THE ORDINARY of NEWGATE his ACCOUNT, Of the Behaviour, Confession, and dying Words of the Malefactors, who were Executed on Monday the 12th of this Instant September, 1726, at Tyburn. AT the King's Commission of Oyer and Terminer and Jail-Delivery of Newgate, held (before the Right Hon. Sir FRANCIS FORBES , Knt . Lord Mayor of the City of London ; the Hon. Mr. Baron Thomson, Knt. Recorder of the City of London; Mr. John Raby , Serjeant at Law ; and other his Majesty's Justices of Jail-Delivery, and Oyer and Terminer aforesaid, together with his Majesty's Justices of the Peace for the said City of London, and County of Middlesex) at Justice-Hall in the Old Baily , on Wednesday the 31st of August, and on Thursday, Friday, and Saturday, the 1st, 2d, and 3d of September, 1726, in the Thirteenth Year of his Majesty's Reign. Twelve Persons, viz. Six Men and six Women, were found guilty of Capital Offences, and receiv'd Sentence of Death. While under Sentence, Elias Norcot , an old Man of 70 Years, who stood convicted of stealing three Geldings, appear'd very devout and sincere, but came not to Chapel above once or twice; and being confin'd to the Condemn'd Hold by reason of Sickness and old Age, he dy'd there of two or three Days indisposition, as also another was much of the time oppress'd with Sickness, but when he attended in Chapel he always to outward appearance seem'd sincere and attentive; as did Mrs. Turner, till being afflicted with Sickness she absented from the Publick Worship. The remaining nine were constantly present in Chapel, made their Responses regularly, and (as in Charity we may judge) took good heed both to the Prayers and Exhortations, only (as some who observ'd it told me) Benjamin Aldridge , a young Man, convicted for returning from Transportation, sometimes smil'd, shewing too much indifference when his eternal Salvation lay at Stake: And altho' they were more knowing in Religious Principles than frequently such miserable Miscreants use to be, yet that deep Concern which is necessary upon so important an Occasion did not appear; only some of the Women at times wept and fretted, when thinking of the Calamity they had brought upon their Children and Families, and their ignominious Death, more than the dangerous state their Souls were in, as was evident by their Carriage afterwards. They were instructed in the only Method of obtaining Salvation by an unfeigned Faith in Jesus Christ, whom God hath set forth to be a Propitiation thro' Faith in his Blood; they were shewn that it was absolutely necessary to repent of all their Sins, whether original or actual; of omission or of commission, particularly the heinous Sins any of 'em might have been guilty of, which (since now Divine Vengeance had overtaken them) troubled their Minds, or oppress'd their Consciences; and the Crime for which all of them suffer'd being the same, viz. Theft and Robbery, I told 'em, that whatever way Robbery was committed, whether openly by Force upon the Highway, or by Plundering of Houses; or privately by stealing Goods unknown to the Owner; that whether by any of those more common Ways, or by deceiving or cheating our Neighbour, or by receiving of Goods knowing them to be stolen; whatever of these ways one robb'd another, it was a Crime rendering a Man odious to God and Man, punishable by all Laws Divine and Humane, and in most Instances by the Laws of the Land with Death. I shew'd 'em the great Folly of such irregular Practices, the Thief seldom escaping without being discover'd, as may witness the many strange Discoveries that have been made of the craftiest Thieves. I also inform'd 'em in the Nature of the Christian Sacraments, and the strong Obligations they laid upon us to Holiness and Virtue. Upon Tuesday the 6th of September, the Report of the 12 Malefactors under Sentence of Death was made to his Majesty in Council, when nine of them, viz. John Carter alias Cartwright , William Allison , Benjamin Aldridge , Jane Barret alias Holmes alias Frazier , Katherine Fitzpatrick alias Green alias Boswell , Sarah Lawson alias Turner , Mary Robertson , Frances Blacket alias Martin , and Jane Martin alias Floyd , were ordered for Execution, one having dy'd in the Condemn'd Hold before the Warrant came out; two of 'em, viz Edward Boswell , for taking a Boy's Hat valu'd at 18 d. and putting him in Fear, and George Turner , for robbing his Master of some Goods, receiv'd his Majesty's most gracios Reprieve. When those included in the Dead Warrant lost all hopes of a Reprieve, then they began to appear more concern'd in preparing for their latter End, only some of the Women shew'd too much impatience and discontentment with their Lot. They who desire to know any thing further about their last Confessions and Behaviour, may read the following brief Narrative. 1. JOHN CARTWRIGHT , was indicted for stealing a Watch, three silver Spoons, and about 80 l. in Money, in the House of Mr. Chauvin. John Cartwright , born in Yorkshire of honest Parents (as he said) 23 Years of Age, was put to School when young, and taught to Read and Write, and had acquir'd indifferent Knowledge of Christian Principles for one of his Station, having taken the Sacrament in the Country before he came up to London . He was not brought up to any particular Trade, but serv'd in the Business of Husbandry , or in Gentlemens Fa milies, till some more than two Years ago an Uncle of his (after long solicitations) got him to come up to Town, where he serv'd Mr. Schavang, a Mercer of London , without breach of Trust till some Months past, yet being out at Night, and very much intoxicated with Liquor, he (by advice of another young Fellow in Company who shar'd with him in the Spoil) went strait to his Master's Shop in Pater-Noster-Row , open'd the Counter and took the Money, and what other Things were found upon him; but he said that the Sum of Money was not so great as was alledg'd, having been only about 50 l. of which he got the one half (of the most of which, as he said, he was cheated, neither did he know any good that it did him, God having as in a Moment blasted all of it) and his Partner who made his Escape the other. He said that he never was guilty of any Capital Offence, excepting that one for which he suffer'd; that he had liv'd always innocently and virtuously, without giving just cause of Offence to any Person. He seem'd to 've been a young Man of a good, quiet, natural Temper, and his Ruin was bad Company and Counsel. He was very sick and weak (while under Sentence) yet never absented from Chapel, and was very devout, and apparently sincere, in time of Prayers and Exhortations. He begg'd God and the World pardon for the great Crime he had committed; declar'd himself an unworthy Member of this Church; that God in justice had afflicted him, he having sinn'd against so much Light and Knowledge, and conviction of the Truth, which appear'd in the manner of his being apprehended; for having escap'd to Monmouthshire in Wales , and stay'd there two Months, he was taken up upon suspicion, and sent to London to undergo condign Punishment for so notable an Offence. He commended the Gentleman whom he robb'd for a civil, good Master, which aggravated his Ingratitude. He complain'd of the unkindness of some near Relations, while under his Calamity, but freely forgave them, dying in Peace with all Mankind, and in the Faith only of being sav'd thro' the Merits of Jesus Christ. 2. WILLIAM ALLISON , was indicted for stealing a black Gelding val. 20 l. the Goods of John Ginger , August 16. William Allison , 25 Years of Age, came to Chapel four or five times, but afterwards he was confin'd to the Hold by reason of a most violent Distemper. While he attended in Chapel he was very grave and attentive, and appear'd to be penitent; when I visited him in the Hold he was so afflicted with sickness that he could not speak much, but acknowledg'd the Fact for which he suffer'd, and the justice of his Sentence. He seem'd to 've been a harmless Country young Man, but having fallen into this Snare by reason of Covetousness or Want, I exhorted him to repent of that Sin in particular; he said he did so, expressing his Sorrow and Grief for the same, behaving himself in his sickness with full resignation and attention to the reading of God's Word, other Religious Books, and Prayer in the Hold (as I was told) evincing great signs of Penitence and Contrition for Sin, dying in Peace with all Mankind, and in the Faith of being sav'd only through the Merits of Jesus Christ. 3. FRANCES alias MARY BLACKET , was indicted for assaulting William Whittle on the Highway, taking from him a Watch, val. 4 l. and 6 d. in Money, August 6. Frances alias Mary Blacket , 34 Years of Age, had education when she was young suitable to her Station, being descended of mean Parents, who put her to School, and instructed her in the necessary Principles of Religion. She said that she went to Service when she was a single Person, and behav'd herself to the Satisfaction of those with whom she had to do; and that afterwards she married a Sailor, who is now at Sea, and by whom she has one Child living, and that it griev'd her much, fearing that the Child would be neglected in its Education after her Death. As to the Robbery of which she stood convicted, she absolutely denied her knowing any thing of it, affirming, that she was always Honest, and never guilty of Theft or Robbery in her Life, and that she wrought as hard for her Bread as any Woman in London . I ask'd her why, at her Tryal, she call'd no Body to her Reputation if it was so? she said, that being a poor Woman she had no Body to come near or stand by her. I urg'd her to be ingenious in her Confessions, as not having Man, but God who trieth the Hearts, to deal with, and to whom in a very short time she was to render an Account. She answer'd, that she knew she was to appear before her Almighty Judge in a few Moments, and as she was to answer to the Great Judge of the Quick and Dead she did not commit the Robbery of which she was accus'd; that she never was a Thief or lewd Liver; and as for the Man who had sworn away her Life upon a mistake, she freely forgave him. She constantly mourn'd and lamented most bitterly when in Chapel, declaring herself truly penitent for all her Sins, believing in Jesus Christ the only Saviour of Sinners, and dying in Peace with all Mankind. 4. JANE HOLMS alias BARRET alias FRAZIER , was Indicted for privately stealing 20 Yards of straw ground brocaded Silk, val. 10 l. the Goods of John Moone , and Richard Stone , June 1. She was a second time indicted for privately stealing 40 Yards of Pink colour'd Mantua, val. 10 l. in the Shop of Matthew Herbert , May 1. She was a third time indicted, in Company with Mary Robinson , for privately stealing a Silver Cup, val. 5 l. the Goods of Esther Dobbins , January 7. She was a fourth time indicted, with Mary Robinson , for privately stealing 80 Yards of Cherry colour'd Mantua Silk, val. 5 l. the Goods of Joseph Bourn , and Mary Harper , December 24. & c. Jane Holms , alias Barret , alias Frazier , descended (as she said) of honest respected Parents, in a Northern County, Aged 35 Years, had good Education, and understood the Principles of Christianity pretty well, so that it may be wish'd her Practice had been answerable. When she came to divine Worship, which, till the Sunday before her Death, she attended very punctually, she behav'd herself very Christianly and Devoutly: But at other times she was so taken up with thoughts of a Reprieve, that she was in a manner demented and could give heed to nothing. She said she came to London when she was but 15 or 16 Years of Age, to an Aunt, much against her Father's Will; and some time after Marrying one who prov'd but a naughty Husband, yet by her following the Hollands trading , she liv'd in good Credit, and kept a good Family, till her former Husband dying, she married another Man about two Months before Christmas last, who, when she was taken up, dispos'd of her Goods, and every thing which he could lay hold on, particularly her Purse of Gold, which was given to him as she was ex amining before the Justice, (as she said) and carried all away to Ireland. As to the Crimes for which she died, she very much lamented her being led aside by bad Company, and that she had fallen into the acquaintance of Jonathan Wild , and some of his hellish Crew, who advis'd her to her own Ruin. For upon this occasion it was, that she bought up stollen Goods, and therefore she was Transported some more than two Years ago; but not content to live in Foreign Countries, she return'd to England last Year, as she pretended, out of Love to her three young Children, and being in London again, she renew'd her acquaintance with her old Friends the Ladies who deal in Shop-lifting, in which way of Merchandizing she equall'd most of her Partners, as the Evidence against her declar'd upon Oath. She pretended to 've been the Daughter of a good creditable Family, but none of those whom she call'd her Relations knew any thing of her, and therefore they would do nothing in her favour, in order to obtain a Reprieve, which she was importunately desirous in seeking after, and show'd the greatest Impatience of any I have seen in her miserable Circumstances. I advis'd her for God's sake, and the love she ought to have had to her immortal Soul, to leave off thoughts of this World and fix her Mind upon God and Eternity. She said she could do it, but spoke as tho' she had been cross'd, expressing the highest tenderness to her Children, some of whom came to visit her. I told her that God would take care of her Children, he being a Father to the Fatherless, &c. She denied herself ever to have been a Thief, but confess'd that she had bought Goods when she thought them to be a penny-worth, knowing them to be stollen, but that otherways she went frequently to Holland , and that trading between that Country and England was the way she maintain'd and provided for her Family in an honest way. When all her hopes of obtaining a Reprieve vanish'd, she carry'd herself very impatiently, and to the offence of others. For which I reprov'd her sharply, admonishing her of the danger to which she expos'd her Soul, and exhorting her in the bowels of Jesus Christ, to think seriously upon Death and Judgment. Sunday night before she suffer'd, I told her that the Gentleman she call'd her Father was lately Dead, as one who had Information told me; upon this, she cried most bitterly, reflecting in very modest Terms upon these Gentlemen whom she gave out for her Relations, who disown'd that they knew any thing of her. At this time she was much more compos'd than she had been the day before, or at any other time, and express'd a deal of Assurance of being sav'd by the Mercy of God, in Christ Jesus. She said, she freely forgave the Woman who was Evidence against her, who had been a much more wicked Wretch than her self, and (as she said) had not declared the Truth in several Particulars; and that she died in Peace with all Mankind, being truly Penitent for all her Offences; particularly, the Crime for which she suffer'd so far as she acknowledg'd her Guilt. She still affirm'd herself to be quick with Child, and thought it heard that the Child should suffer with her, but she declar'd, that she entirely submitted to the Will of God. 5. KATHERINE FITZPATRICK , alias GREEN , alias BOSWELL , was indicted for privately stealing 19 Yards of green Damask, val. 9 l. the Goods of Joseph Gifford , and John Ravenal , July 29th, 1724, she was a 2d, time indicted for privately stealing 10 Yards of green Sattin, val. 3 l. the Goods of John Moone , and Richard Stone , Feb. 10th, 1724-5, She was a 3d, time indicted (in Company with another) for privately stealing 50 Yards of green Mantua, val. 10 l. the Goods of John Hutt , May 5th, She was a 4th, time indicted for privately stealing 63 Yards of Modena, and pink Italian Mantua, val. 15l. the Goods of Joshua Feary , Feb. 20 1724-5. Katherine Fitzpatrick , alias Green , alias Boswel , 38 years of Age, (as she said) born in Lincolnshire of honest Parents, who gave her good and Christian Education, but (as appears) she did not make any good Improvement of it; For coming to London , the got acquainted with the worst of Company, and having got an Husband, (whom indeed she vindicated from being concern'd in any of her wicked Practices, adding, that upon Suspicion of her applying her self to such hellish Courses, as Thieving and Shop-lifting, he had given her many desperate Blows, and Beaten her severely,) to him she bore several Children, affirming that she was quick with Child; and when one of her Children, which was about two Years of Age, was brought to her as she was in Chapel, she fell into the most violent convulsion Fits imaginable. She was very Obstinate, and against many particular Confessions; yet by frequently inculcating and Preaching to her the necessity of Repentance, and confessing our Sins in order to obtain Pardon of God, and to Die in the Peace of the Church. A little before her Death, she was seiz'd with most violent remorse of Conscience, acknowledging herself, with many Tears, to have been one of the greatest of Sinners, that the Sentence was most just, and that God had justly brought upon her such Tokens of his Wrath and Indignation, for the many naughty Courses she had follow'd. She said, that she was afraid God would not Pardon her Sins being so Many and Great: I comforted her with the divine promise of Love, Mercy and Forgiveness; and that she as being Baptiz'd in the name of Jesus, had a right unto the benefits of the Gospel-covenant, and altho' she had Sin'd never so grievously, yet by renewing herself again by Repentance, she might still lay claim to an Interest in God and Jesus Christ. She declar'd her hope and confidence in the Mercy of God thro' Jesus Christ, and of obtaining eternal Life by his Merits. She denied not her Guilt, but complain'd that the Evidence Burton had not been ingenuous in every particularly; and that she had taken advantage of her out of Envy, now when she had betaken herself to an honest way of Living, having been resolv'd never to follow that wicked Manner of Life any more. I told her that capital Crimes might be punish'd at any time when discover'd, for their being kept secret for a time could not secure the guilty Person from Punishment, when they were made known, altho' committed a good time before the Discovery. She seem'd to be satisfy'd, having been a Woman of good natural Parts, and declar'd herself of the Communion of this Church, and that she died in peace with all the World. 6. MARY ROBINSON was indicted, together with Jane Holms , for stealing a silver Cup, val. 5 l. the Goods of Hester Dobbins , January 7. She was a 2d time, with Jane Holms , indicted for privately stealing 80 Yards of cherry-co lour'd mantua Silk, val. 5 l. the Goods of Joseph Bourn and Mary Harper , December 24. Mary Robinson , aged about 70, look'd like the Mother of her Fellow-Shoplifters. She had been a Widow above 14 Years past, and was Mother of a number of Children and Grand-Children. She deny'd that she had been a lewd Liver, but on the contrary, that she had been a laborious industrious Woman, and that she always wrought very hard for the maintenance of her Children and Family. She confess'd that she had been guilty of thievish Practices, but reflected on the Evidence as one of the most treacherous and vilest Women upon Earth, and that her Depositions against her was not altogether according to Truth; and that Burton (the Evidence) had been chiefly instrumental in leading her and many others into those wicked Courses of stealing and Shoplifting. She said that she was willing to die, not having long to live by the course of Nature, but that she lov'd not the manner of her Death. She said that she did not entertain the least grudge or envy against any who had offended her; that she believ'd to be sav'd by Christ's Sufferings and Death, dying in Peace with all Mankind, and an unworthy Member of this Church. N. B. The preceeding three Malefactors declar'd as dying Women, and in a few Moments being to answer to God, with respect to Mrs. Susannah Baker . Jane Holms said, that she knew nothing of such a Woman, having to her knowledge never seen her: Mary Robinson said, she could not say she was acquainted with her, but that she had seen and spoken to her some few times, and that she believ'd her to be a very honest Woman, knowing nothing of her, but that she traded in Coffee, Tea, and some other little Things in a very honest way: Katherine Fitzpatrick said, that she was not acquainted with her, having never spoke but once to her, that she knew nothing about her, but believ'd her to be a very honest Woman. And as to a piece of Silk which Mrs. Baker reliev'd, and paid for out of a Pawn-brokers, she knew nothing of the matter less or more, neither was she any ways concern'd in that Affair. They all three declar'd the Morning before they suffer'd, (as they had said before) that they knew nothing but that she was an honest Woman. 7. JANE MARTIN alias FLOYD , was indicted and convicted for returning from Transportation before the expiration of Seven Years. Jane Martin alias Floyd , about 27 or 28 Years of Age, as she said, the Daughter of a very good and credible Family in the Country, 100 Miles from London, was left an Orphan by her Father when very young, and committed to Tutors, who were not so careful of her in her Childhood as they should have been. She married to a young Gentleman, who in a very short time having squander'd away his Estate, was imprison'd in the King's-Bench Prison for Debt; and while he was there, she being altogether destitute, rack'd her Wit and Invention to cheat and trick People up and down London , out of Money or Goods, particularly once she took a House and Shop in the Strand , near Somerset-House , and having furnish'd them with Goods to the Value of 5 or 600 l. in three or four Days after she had open'd the Shop, upon a Saturday Night, she made a Moon-light moving, carrying all over to the Mint , and was no more to be seen in these Quarters, thus cheating honest People out of all these Goods. She was about some more than two Years ago apprehended and sentenc'd to die for stealing a silver Cup, but Death was turn'd to Transportation, and for returning she now dy'd. She said that the Gentlewoman who was Evidence against her the first time wrong'd her, in swearing that she stole the Cup, it having been given her, and so more properly a Cheat than Theft. She said that she was never a Whore, a direct Thief, nor a Drunkard, never having been drunk in her Life; but confess'd herself to 've been one of the most notorious Cheats that ever was, having trick'd and cheated People in innumerable Instances. This she own'd to 've been equal to Theft, adding that it was only Necessity and Want forc'd her to such indirect Ways. She was very penitent, tearing and crying out mightily; as afraid that God would not pardon her. I comforted her with the gracious Promises of the Gospel, shewing her, that altho' our Sins be as Scarlet, yet God will make them white as Snow, and tho' they be of a deep crimson Dye, yet that there is Virtue in the Blood of Jesus Christ our Lord to cleanse us from all Unrighteousness: Upon this she calm'd a little, and seem'd to submit herself to the Will of God, as being a just Punishment from Heaven upon her, for many most irregular and unjust Dealings and Practices. She said that her Husband was a Man of Honour, and knew nothing, but was much asham'd of the villanous Actions committed by her. She appear'd to be truly penitent, forgiving all the Injuries done her, as she expected forgiveness from God; dying in the Faith of Christ, and in the Communion of this Church, of which she own'd herself an unworthy Member. At the Place of Execution. They all desir'd earnest Prayers to be offer'd to Almighty God for their Souls, confessing themselves very great Sinners, and expressing an entire Confidence in the Mercy of God thro' Jesus Christ. They appear'd to be very devout and serious in Prayer. The two young Men were always ingenious in their Confessions, and begging God and the World pardon for their Offences: But the Women would not be perswaded to make particular Confessions, only in general they acknowledg'd that they had been too much employ'd in Shoplifting; and Mrs. Martin, that she had been most dexterous in cheating People out of their Money, or Goods, thinking to elude the Penalty of the Law by that means in which Thought she was disappointed, God's Judgments justly overtaking her for her most wicked and impudent Practices. Flackett for the Highway, altho' she denied the Fact for which she was convicted; yet, without breach of Charity, it may be presum'd that she was the Person who robb'd the Man of his Watch, since at her Death she could not deny it, but only said, she would confess her Sins to God. This is all the Account given by me, JAMES GUTHRIE , Minister at Newgate . London ; Printed by JOHN APPLEBEE in Black-Fryers .

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THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, OF THE THREE MALEFACTORS, Who were executed at TYBURN On Monday the Twenty-third of JUNE, 1753. [In fact, the execution took place on Monday 23 July 1753.] BEING THE Sixth EXECUTION in the Mayoralty OF THE Rt. Hon. Sir Crisp Gascoyne , Knt . LORD-MAYOR of the CITY of LONDON . NUMBER VI. for the said YEAR. LONDON: Printed for, and sold by T. PARKER, in Jewin-street, and C. CORBETT, over-against St. Dunstan's Church, in Fleet-street, the only authorised Printers of the Dying Speeches. M.DCC.LIII. [Price Six-pence.] THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, &c. BY Virtue of the King's Commission of the Peace, Oyer and Terminer, and Jail-delivery of Newgate, held before the Right Honourable Sir Crisp Gascoyne , Knt . Lord-Mayor of the City of London , the Lord Chief Baron Parker, Mr. Justice Foster, Mr. Baron Legge, William Moreton , Esq ; Recorder , and others of His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Jail-delivery of Newgate, holden for the said City and County of Middlesex, at Justice-hall, in the Old Bailey , on Wednesday the 18th, Thursday the 19th, Friday the 20th, and Saturday the 21st of July, in the 27th Year of His Majesty's Reign, John Stockdale , Christopher Johnson , and William Peers , were capitally convicted, and received Sentence of Death accordingly. And, as they were all three convicted for the heinous Crime of Murder, in Pursuance of a late Act of Parliament, Mr. Recorder immediately, upon their being brought in guilty by the Jury for Middlesex, proceeded to pass the Sentence, thereby directed, on Stockdale and Johnson, who were first tried, and then on Peers, who was soon after brought to Trial, and convicted. The Sentence was passed in a solemn and affecting Manner (after having endeavoured to touch their Passions, and with good and wholsome Advice, to bring them to a proper Sense of their Guilt) in these Words of the Act, viz. You are to go from hence to the Place from whence you came, and from thence to the Place of Execution, where you are to be hanged by the Neck until you are dead. Your Bodies are to be carried to Surgeons-hall, to be dissected and anatomized, and the Lord have Mercy on your Souls. Since which Time they have attended at Chapel, and other private and necessary Devotions, and in all Appearance behaved as became Men sensible of their Vileness, and unhappy Circumstances. 1, 2. John Stockdale and Christopher Johnson were committed to Newgate , on their own Confession, for murdering and robbing one Zachariah Gardiner . They were detained also for assaulting and robbing the aforesaid Gardiner of a Silver Watch, and other Things. And, Also, for assaulting the aforesaid Gardiner, and giving him a mortal Wound, of which he died. Of these Accusations the Indictment consisted, and Proof enough there was against them, which, upon Reflection, seemed to carry along with it somewhat particularly providentially, as the Nature of their being discovered will shew, when we come by and by to consider it as it was represented. 3. William Peers was committed on Suspicion of murdering Margaret Peers , his Wife , and was detained, by Virtue of the Coroner's Enquiry, for murdering the aforesaid Margaret Peers , his Wife . Evidence sufficiently appeared for the Grand Jury to find the Indictment for the Murder, and the Court was very well satisfied with the Virdict of the Middlesex Jury, who found him also guilty. 1. William Peers was about 52 Years of Age, and born in the County of Surry of Parents who brought him up in a Manner that might have produced a better Fate than he, by his Imprudence, and giving Way to the Violence of unruly Passion, at last brought himself to. He was bred up in a very decent Way, and bound Apprentice to a Baker . The first Part of his Time he served in the Neighbourhood, where he breathed his first Breath, and the Remainder in Whitechapel . He was a Man endued with no great Share of natural Parts (tho' that was rather his Misfortune than his Fault) and was confined to theSphere of being employed as a Journeyman, having never been so happy as to arrive at so good Fortune as to be Master of Business in one Sense, tho' he was looked upon as able to discharge such Part of the Business as in the Station of Life, in which it had pleased God to place him, he was called upon to do. He had been employed in this Business by several Persons in the Neighbourhood where he lived, and we do not find but that he did his Business as well as in general it is done, being esteemed as an honest, tho' unhappy Man as to his Intellects, and want of Government of himself, as several might (who knew him, and with whom he had done Business) and were ready to testify of him. He was married to this Woman, whose Death he was so unhappy as to be the Cause of, for several Years, and they lived together as People of weak Minds are generally known to do, sometimes in Harmony, and sometimes otherwise, as their mutual Conduct happened to be with respect to each others Tempers, and other Circumstances that might occur between a Man and his Wife. They both worked for their Living, she at her own Business to which she was bred, and he as a Journeyman Baker . There does not appear to have been any more remarkable Misconduct between them, as to their Matrimoninal State, than is too frequently seen, and seems unavoidable among the lower Class of Mankind, tho' there is scarce to be met with any Couple that in general lived better together in mean and indifferent Circumstances than they are said to have done. He says he had some Reasons to be dissatisfied at her Manner of Life, which, because we would not stir up the Ashes of the Dead, we forbear to mention, saying only, in general, that they were such as are too much the Custom of unthinking Women, and too frequently heard of. The Murder, for which he suffered, happened upon a Day when he, after having done Work himself, went to fetch her Home from the Place where she had that Day been employed. He says, he did it out of Respect; intending that they might pass away the Evening agreeably by themselves; but, to the great Misfortune of both, it proved quite the contrary, and was the last and worst Evening they ever spent in their Lives. They went Home to their Lodgings together, but some Discontents arising, they were not easy there, and so they agreed to go to a publick House,where the unfortunate Quarrel happened, which was the Cause of the Destruction of them both. He says, the Occasion of it was her wanting more of that cursed and pernicious Liquor called Gin, which he was not willing she should have, because he thought she had too much before; upon which Refusal, Words arose, and, he says, Blows were the Consequence on her Side. She struck him several Times, he says, but the one fatal one she received from him was more than all she had done, or could deserve; but his Passion overcame his Reason. Oh! the dreadful Consequences of aggravating Expressions in weak Minds! How fatal do Jarrings prove too frequently to the contending Parties! He says, one Sunday, not above a Month before this sad Catastrophe happened, his poor murdered Wife went out about 7 o'Clock in the Morning, and returned not till 8 in the Evening. Upon her coming Home, he told her she, had used him very ill, to leave him thus alone all Day; upon which she grew angry, and told him she would go when she pleased, and come when she pleased, and what was that to him; upon which, says he, being in Liquor, she reeled from one Side of the Room to the other, and fell down. He took her up, and put her upon the Bed, and told her, that one Day or other she would kill herself in those Fits. To which she replied, as he says, let me die when I will, you will not live long after. I mention this only, because he spoke of it himself as a remarkable Passage between them, and he since thought in himself, it was a sad Sort of a prophetick Saying of her's, as the Event of Things has woefully proved. When the Fact was committed, there happened to be no-body but themselves in Company, or in the Room, tho' it was a publick drinking Room, and the poor Woman was murdered before any Body came in. There were People in another Room near, but they took no Notice of them; supposing their Quatrel would proceed no farther than Words, they never moved towards them, nor attempted to interfere. When he was committed, therefore he thought no-body knew any Thing of the Matter, and flattered himself into a Security of escaping the Law for want of Proof of the Fact; but herein he miserably deceived himself and his Friends. When they made Enquiry about how it came to pass, he pretended he knew nothing of the Matter, no farther than that she struck at him, and fell upon his Breast and Arm while he had the Knife in hisHand, but denied that he aimed any Blow with it. This was rather a Plea against than for him; for, as there was no-body in the Room but themselves, and she received a Wound, which she died of soon after, who could give it her but himself? The first Person that came in took the Knife out of his Hand, and, as several Evidences declared, no one was near her but himself, the Indictment for the Murder of his Wife was sufficiently proved to the Satisfaction of the Jury, and their Verdict seemed attended with the Approbation of the Court, when he was brought in guilty. Upon which he declared himself innocent as the Child unborn (a too frequent Saying of the Guilty) as he did also at receiving Sentence: But his Note soon changed when he came to be talked to as to the Manner and Nature of the Fact. He then began to think he was too much to blame, and confessed he was heartily sorry for what he had done. Tho' he still said he could not well account for the Action, yet he could not but own that it was by his Hand she received the Wound. Tho' his Passion so overcame his Senses that he scarce knew what he did, yet he owned he must have been the Cause of her Death; but how, or in what Manner, he could not particularly say. As he had shed Blood, he said he was content that his Life should pay for it, owned the Justice of his Suffering, and hoped that God might be merciful unto him, that the dreadful Punishment of such his bloody Deed, ending with this Life, he might escape Death eternal. He seemed to behave well from the Time of Conviction till he suffered; as well as the Narrowness of his intellectual Faculties might be supposed to admit of. When at Prayers he seemed to shew great Contrition, and his Devotions were attended with Tears. He was a Man of no great Understanding, nor knew much of the World, tho' he had lived so long in it: He had murdered his Time too much in Idleness, and Want of Attendance on his Business, which he lamented very much before he departed; and some of the latest Words we had together were to this Purpose: That as to his Sufferings it was no more than was due to his Crime, but he most lamented, he said, for the Scandal he left behind him. He said, moreover, he had no Reason to wish to live, he had rather die, in Hope that God, for the Sake of Christ, would forgive his Transgressions. 2. Christopher Johnson , scarce arrived to the 20th Year of his Age, was born in London , but his Father dying when he was young, he was taken into the Country and brought up, and bred in a handsome Way, and might have done very well if he would have hearkened to the Advice of his Friends, as their own Accounts of him, and the Neighbours who knew him while he was in the Country, have declared in publick Company. Those who took care of him after his Father's Decease put him to School, and gave him such an Education as was necessary for the Business they intended him for, and to which he was placed out. For about two or three Years before he left the Country, he was put Apprentice to a Sadler , where he might have done well, had he been content to be bred to work for his Living. But, unhappily for him, that was not the Bent of his Genius; he was of a more volatile and roving Temper, than to suffer himself to be confined to a Shop, tho' he (as well as many others have done) he heartily repented of it before he died. He says he came to London about three Years ago, since which his Manner of Life has been surprisingly wicked; and there's scarce a Sort of Roguery in the Town, tho' it abounds with many, that came within the Sphere of his acting, that he has not been concerned in; and he might very well he said to be, tho' young in Years, yet old in Wickedness. He had Art enough, however, in all his Wickedness, to keep himself out of the Reach of the Law; and many one has suffered for unlawful Deeds, which he has put them upon, and reaped Advantage by. He owned he had been very wicked, but as to Particulars, his Indisposition occasioned by a violent Fever, which took away the Use of his Limbs, and frequently his Senses, so as to render him incapable of giving an Account of himself and his Affairs, he communicated but little to me; and, as the Time was very short after Conviction, I could attend, and enquire only into such Matters as I was particularly requested to do. Forgery had been one of his great Evils, which he acted after a Manner different from what 'tis to be hoped is common. He had got into a Method of forging a Note of Hand, payable to himself, upon which he would swear a Debt against the Person, whose Name himself subscribed, and arrest them, or hold them to Bail. Several Persons have been so served by him, one of which put me upon Enquiry into the Nature of such Things. He swore a Debt against a Woman upon one of these Sort of forged Notes, and had ruined her, but for some Friends that interfered, and in some Measure prevented it, tho' it has cost her a great deal of Money, she says, to defend herself. Upon Enquiry he declared, upon the Word of a dying Man, she never was indebted to him upon any Account whatsoever; and that many such like Things he had done. He was willing to have declared many other wicked Ways, by which he had maintained himself for a long Time, but his Weakness, and a Sort of Lethargy hung over him, which rendered it the more difficult to come at the Knowledge of the rest of his Tricks. He married a Woman about a Year and Half ago, he says, with whom he lived till they had ruined one another, and about five Months ago he left her; and since he has been skulking up and down-all Day, and at Night attended publick Places of Entertainment. What he got by picking Pockets, &c. he squandered away in Idleness and Gaming; and so he went on till he became acquainted with Stockdale, whom, he says, he met first at Sadler's-Wells , when they appointed, after a little Intimacy, to meet again next Night at the Billiard-Table, in Holborn, as Stockdale mentions in his Account. 3. John Stockdale , was an unhappy Youth, but just turned of 17 Years of Age, being born in Leicestershire , and bred up in a genteel Manner with great Tenderness. His Education was such as promised better Things than the Event has shewn. He might have been expected to be a Comfort rather than a Disgrace to those whom he was in Duty bound grate fully to remember, and honour, under God, for all he had received and been supported with during the short Continuance of his Days. Had his Endeavours been equal to the Care that was taken to train him up in the Way that good Instructions and wholsome Advice would have led him into, he might have been a happy Man, and on Pains and reasonable Expence would have been wanting to have introduced him into the World in a handsome Manner. But his natural Inclination was such, that his more early Years afforded Marks of but an indifferent Mind. He was not disposed much to Books, nor did that Confinement and Application, which is necessary for a Boy, in order to make any Proficiency in Learning, at all agree with his Temper: so that all Expence was thrown away upon him, and all Care to improvehis Mind was rendered ineffectual, by his Neglect of making Use of the Advantages he might have had. He wanted for no Opportunity of doing well, if his Inclination had been that Way likely to have invited him; but his Parents too soon found they had a Temper to deal with inflexible from its own Errors; it would follow Evil, tho' Good was pointed out, and he incurred the just Resentment of those who would have been his Protectors, had he not refused to hearken to Instruction. Vix excessit ex-ephebis, before he was left to follow his Inventions, which in the End have proved his Ruin, as is generally the Case when those Youths, whose Inexperience needs a Guide, and ought to be governed, will take the Reins in their own Hands; and, for want of Skill and Knowledge of what they are about, like Phaeton, are tumbled headlong from that towering Heighth, to which they unadvisedly aspired. This has been the Case which too many young Fellows of late, who, besides the grievous and lamentable Condition in which themselves are involved, leave behind them Parents or Relations, whose Grief upon their Accounts has been almost insupportable. Stockdale had not been many Months in London , but oh! how industrious was he to make a bad Use of that short Time. He came to Town in order to be qualified for Business, which was intended to make a Man of him, and to raise him a Fortune in the World, which Application therein seldom fails to do: But he was no more inclined to follow Business now, than he was his Exercise and Study at School. He might attend at Hours when he was expected, but his leisure Hours, (when Business did not call for Attendance) were appropriated by him to Pleasure and Diversion, and these made to exceed, by far, the Hours of Business, and his intended Employment. His Misfortune since in Town, he owned, with Regret, was, that scarce a Place of what is villgarly called publick Entertainment (be it what it would) but had destroyed too much of his little Money, and what was worse, of his Time, idly and profusely. He was inclined to be gay, and had Resort to these Places, not considering what might be the Consequence, and so went on till driven to the last Extremity Tho' he was sent to Town not to spend Money, or be extravagant, yet he seldom failed to pass a Day in which he did not appear somehow in the gay World, where Pleasure and Entertainment abounded according to every's Day's Fancy.Thus he went on, till at one of these Places he became acquainted with Johnson. Having said so much of each of them separately, we are arrived at the Time of their joining Forces, and taking on to have one Lot. They both agree it was at a Billiard Table, in Holborn , where their great Intimacy was confirmed; nor where they long before they became so far acquainted, as to resolve upon supporting each other's Fortune, which they both soon found was desperate in either of them. They had each been used to this Table so long as to be very good Players, and while they had a Penny in their Pockets they would play. They practised the Game together, and became such Proficients at that Table, that let who would play against them, if they were Partners, none could beat them for a long Time. And their Luck was such as to get Money every Day, says Stockdale, for a Week or 10 Days together: But at last came an Hour of ill Luck, and the Chance being so that they were divided, they lost all their Money, and, were for a while at their Wit's End what to do. They were acquainted not much above a Fortnight before they resolved to go upon the Highway, in order to raise Money to support their Extravagancies. During this Time they were used to meet frequently at each others Lodgings to settle the Rout for the Day. The Saturday before they set out on this wicked and dangerous Undertaking, they met to fix the Measures on which to proceed. They resolved to set out on Monday Morning following, and it was Johnson's Part to hire Horses, which he did on Sunday Night, Stockdale having provided himself with one Pistol, Johnson with a Brace, and a Hanger. Johnson hired Horses on Sunday, the 17th of June, for both himself and Stockdale, and they spent that Evening together at Johnson's Lodgings in Gray's-Inn-Lane . And now so! the fatal Morning came. On Monday, the 18th of June, they mounted their Horses, pretending to hire for Barnet, in order to go and see a Horse that was to run next Day at the Races. Money being scarce, they refused to pay the Hire before they returned, and were angry that the Man, the Owner of the Mare Stockdale rode, should ask them to pay before-hand, and looked upon it as an Affront to Gentlemen of their Appearance: But, better had it been for them, had the Hire been paid before they went, tho' it turned out for the publick Good, and it was the Means of bringing them to Justice that they did not. The Man, however, was content to let them go, satisfied with the Thoughts, of being paid at their Return, having Intelligence where Johnson lodged in his Neighbourhood, and believing his Money safe, as the Fellows made a tolerable Appearance. So, about Ten o'Clock, they mounted, and set out on their intended Expedition. Had they thought of the Consequence it would have shocked their Resolution, but that was least in their Thoughts. About Ten o'Clock they stopt to refresh themselves and their Horses, not far from the Place where the Scene of Barbarity was acted on the poor Postman . Having refreshed themselves, away they rode again, and passed on, not unobserved by several People, till they overtook the poor Man, who had scarce passed a Gate at the End of the Lane, near Wynchmore-Hill , which opened to Enfield-Chace . They called to him, having just gone thro', to open the Gate, which he very civilly did; and as soon as they came up to him, they enquired the Hour of the Day. The poor Man, little suspecting any Harm, pulled out his Watch, and told them the Time of the Day, which was a little past 2 o'Clock. They immediately resolved to attack him, which they did; Johnson bid the poor Man to give him his Watch, (holding his Hat to receive it) which he did; then he bid him give his Money to Stockdale, who dismounted to receive it. He gave him a Shilling and some Halfpence, and upon their telling him, in angry Tone, and with Threats, that was not all, he put his Hand again into another Pocket, and took out some Silver, which Stockdale received from him; and while he was taking it, the Pistol in his Hand went off it Half-bent, and gave the Postman the unhappy Wound of which he died. Stockdale says there was was Nobody then in Sight that he knows of; but their Fright was such when they saw what was done, that he mounted his Horse again, and away they both rode, as fast as their Horses could gallop over the Chace, towards Southgate : So they crossed the Country, and came into the Barnet-Road , somewhere upon Finchley-Common , and came to Highgate , and so to Hampstead , and loitered away their Time in Byeplaces till towards the Evening. Having spent all the Money they took from the Postman, in the Evening they came for London , Johnson thro' Tottenham - CourtRoad , to St. Giles's , where he left his Horse, and went directly into the Strand , to pawn or sell theWatch, and Stockdale made his Way thro' Pancras , into Gray'sInn-Lane . Being arrived, he left his Mare at the Inn where he borrowed her, quite broke down, and told the Owner, if he would go to Johnson's Lodgings, he would pay him the Hire. When they came there Johnson was not come, so the Man went Home, and said he would call again bye-and-bye. During his Absence, Stockdale had related the whole Matter, about robbing and murdering the Postman, to the Woman with whom Johnson liv'd, and kept Company, in Confidence that she would not betray them. And bye-and-bye comes Johnson to his Lodgings, and having pawned or sold the Watch, when the Owner of Stockdale's Mare came again, they were furnished with Money to pay him the Hire, which the Man received, and went his Way Home; and they, after a little Refreshment, went to Bed. In the Morning up they got, and hiring other Horses, took another Turn upon the Uxbridge Road . Not far from the Turnpike, near Uxbridge , they overtook a Gentleman's Servant with a Portmanteau, whom they intended to rob, and in order thereto rode up to him, one on each Side of his Horse, and bid him stand; upon which, Johnson having the same Pistol this Day, which Stockdale had Yesterday, the Pistol went off again half bent towards Johnson's Left-hand, but the Footman was on the Right, the Pistol happening not to be directed towards him. In this they both agreed, and they were all three so frighted at the going off of the Pistol, that away rode the Servant towards the Turnpike for Shelter, whilst they made the best of their Way, and made off from the Turnpike, and crossing the Country came to Hounslow ; where we shall leave them for a while, and see what was doing in Consequence of Yesterday's wicked Exploit. A Paragraph appeared in the Papers To-day, June 19, describing the Robbers and Murderers, and their Horses in such Manner, that they could not be long undiscovered, a great Number of Circumstances concurring to lead towards finding them out. These very Men were suspected, and Persons were in Search after them at Johnson's Lodgings in Gray-Inn-Lane . Johnson having got a Fall from his Horse on Hounslow , by being very drunk, was obliged to stay somewhere in that Neighbourhood for that Night, but Stockdale came Home by himself to Gray's-Inn-Lane . He was not long come Home, before his Pursuers were at his Heels, and he was apprehended.They had no sooner told him what it was for, but he immediately desired they would take his Companion Johnson, upon whom he laid the Murder, and he said he would go with them, and shew them where he was; for, by the Way, they had agreed, when they parted, to meet again next Day at the Red-Lion at Brentford . The next Day, Wednesday, 20th of June, Stockdale and his Apprehenders set out in two Chaises for Brentford. As they were going between Knightsbridge and Kensington , Johnson presented himself to their View; Stockdale saw him, and told the Person who was in the Chaise with him, that he was the Man; upon which he jumped out of the Chaise upon the Causeway under Hyde-Park Wall , and laid hold of him. Johnson said, What's this for? upon which turning about he saw Stockdale in the Chaise, and with an Oath said, Is that little Scoundrel there? I wish I had shot him Yesterday, when I thought on it. A Hanger was taken from under his Coat, and a Pistol out of his Pocket; so he was also put into a Chaise and brought to London, to be carried before the Justice. The same Evening they were carried before Mr. Fielding, when they denied the Robbery, but laid the Crime of the Murder to each other's Charge, being so base a Thing neither of them dared to own it. They were committed that Night to Newgate, and lodged there. Stockdale, when he came in was sobre, and behaved very modestly; but Johnson, being drunk, behaved very insolently, and somewhat refractory, till proper Methods were taken with him. Some Days afterwards they were again had before Mr. Fielding to be re-examined, when several Persons appeared, who gave sufficient Evidence to cause them to be sent back again, and detained till the Sessions, for the Robbery and Murder. Stockdale could not now but see it would appear he was the Murderer, and having no Thoughts of escaping the Fate due to so horrid a Crime, was somewhat dejected, while Johnson comforted himself, that tho' he knew the Robbery must appear against him, he had no Share in the Murder: But being told that when a Murder was the Consequence of an unlawful Act, as many as went out to do that unlawful Act, were all, in the Eye of the Law, guilty of the Murder, he was very much shocked, and soon after falling sick, continued so to the last. On Friday last they were brought to Trial, and pleaded not guilty; but the Evidence was too plain for the Jury to be mistaken in giving a Verdict that both were guilty. Stockdale stood the Trial almostunshaken, and with an even Countenance, till some Persons appearing to his Character, the Sight of them moved him to Tears, knowing how ungracious he had been, and how little could be said in his Behalf. Johnson seemed stupified during the Time of the Trial; and when it was over, being asked what he had to say for himself, pretended, if he had been able, he would have offered somewhat in his Defence. The Verdict being given in, the Court proceeded to pass the Sentence of the Law; after which Stockdale lifted up his Eyes towards him, and with his Hands locked together smote upon his Breast; then turning about, as he went from the Bar, he beat himself over the Head, as he went to the Bail-dock, several Times. Being asked afterwards, whence arose that violent Commotion, and if it was affected, he replied, it was the Conviction of his Mind, and the Horror of his Guilt, that forced him to such Behaviour, not the Desire of Pity from the Spectators of his Fate, for he deserved it not. Johnson was carried away from the Bar, as he was brought, upon a Person's Back, not quite insensible of what had passed, tho' he really was very ill. They behaved very quietly after Conviction, and seemed very fond of attending Prayers, appeared very penitent, prayed seriously and devoutly to God for Forgiveness of their Sins, particularly that for which they died, and had some Hopes that their late Repentance, which they declared to be sincere, might prevail with God to receive their Souls, trusting in the Promises of God, and the Merits of Christ's Blood. At the Place of EXECUTION. ON Monday Morning, the 23d Instant, about 8 o'Clock in the Morning, John Stockdale , Christopher Johnson , and William Peers , were put into a Cart at Newgate, and conveyed to the Place of Execution through a vast Multitude of People. Some short Time was spent in recommending their Souls to the Almighty's Protection, and they prayed fervently and heartily to all Appearance. After which Stockdale declared to the Populace, that he did not intentionally kill the Man, but that the Pistol went off before he was aware that he had no Design to kill him, Johnson told me, he believed it was so, though he was not able to speak aloud. Peers said also, he had no Malice in his Heart, nor Intention to kill his Wife. Their Caps were put over their Faces, and the Cart drawing away, they dropped, calling on the Lord Jesus to receive their Souls. Their Bodies were carried to Surgeon's-Hall that Day in a Hearse. Tuesday, Stockdale and Johnson were put into Irons, and Wednesday carried to be hung up near the Place were the Fact was done. The other Body remained at Surgeon's Hall. This is all the Account given by me, JOHN TAYLOR , Ordinary of Newgate .

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The BEHAVIOUR, CONFESSION, AND EXECUTION OFThe Twelve Prisoners That Suffer'd on Wednesday the 22 of Jan. 1678/9 VIZ. Robert Freeman , Drawn and Hang'd neer Little Britain , for Murdering his late Master there. At TYBURN George Brown , John Butler , Richard Mills , Christo, Bruncker , George Kenian , For a Burglary and Felony in Hattongarden , taking away 380 ounces of Plate, besides Rings and Money, under Pretence of searching for Rapists. William Brian , For Stealing an Horse, having been burnt in the hand formerly. Tim, Smith and Margaret Wells , For a Burglary and Felony in St. Gileses . William Atkinson , and William Tiney , For a Burglary and Felony in Whitechappel . Francis Jones For a Felony and Burglary. Giving a true Account of their Deportment in Prison after pentence, and last Words, as far as material, at Execution: Attested by Mr. Ordinary. THE CONFESSION and EXECUTION OF The Twelve PRISONERS That Suffer'd on Wednesday the 22th of January 1678/9. AS this sheet in made publick as a Seamark to all that read or hear it, that they may avoid those desperate Rocks of sin, on which these unhappy persons lamentably Shipwracks: So particular circumspection has been used, that nothing but Truth may be herein related, so as neither to abuse the Dead, or mis-inform the Living. At the last Sessions, there were in all Seventeen persons, viz. Fifteen Men, and Two Women, that received Sentence of Death: but Five of them obtained (at least for the present) His Majesties Gracious Pardon; the other Twelve, this 22. of January, were brought to Execution. The first was one Robert Freeman , an Apprentice to one Mr. Baises, a Smith in Little Britain , for Murdring whom, on the 12th. instant, he was now Condemned, and came to suffer; which was ordered to be in Little Britain , not very far from the place where the Fact was committed. 'Tis strang and sad to consider, that not only at his Tryal, but afterwards, he persisted in asserting his Innocence, notwithstanding all the Arguments and Importunities Mr. Ordinary or other Ministers could use, who took extraordinary pains in that behalf. Yet confessed the sum of all that was Evidenc'd against him, as that he spake those wordsO do no not speak of that Gun, or words to that effect; that there might be Blood on the Gun, Etc. but averr'd. that the door when he came down in the Morning, was not Lockt, but only Latcht, and the Key on the inside. He discoursed very understandingly, and made solemn Appeals of his Ignorance, how, or by what means he came to his end. But the Circumstances were so home and undeniable, that even Charity it self could not credit his Asseverations. Mr. Ordinary on the Lords day took great pains to awaken them to a through Conviction of their sins, from two remarkable and most suitable Scriptures, viz. in the forenoon, Rom. 3.19.For we know that what the Law saith, it faith to them that are under the Law, that every mouth may be stopt, and all the World become guilty before God. In the afternoon, from Psal. 25.11. For thy Name sake, O Lord! Pardon my iniquity, for it is great.And after the Evening Sermon, inquired what impressions of Gods Spirit they found on their hearts from his Ministerial Labours that day; to which they answered, That they hoped the Lord would make it effectual to them. On the Munday likewise, Mr. Ordinary visited them, and on the Tuesday they being called together into the great Hall, he and two other Ministers came to exhort and pray with them, in order to fit and prepare them for their great and dreadful change. At first, many of them appeared very earnest to have the Sacrament of the Lords Supper Administred to them: whereupon. Mr. Ordinary, and another able Minister, opening the nature of that Ordinance, their unpreparedness, scandalousness, Etc. used most effectual Arguments why it was neither necessary or convenient for them, under their circumstances; yet withal, declaring their tenderness in no wife to debit them of any thing that might be necessary or expedient for their Salvation: so that after above half an hours pains, the Prisoners in general declared, that they were satished and did not desire in. After satisfaction given in that particular, a very worthy Minister gave them serious advice for their Souls Eternal Happiness, and prayed very earnestly for them; which being performed, Mr. Ordinary, (as his usual manner is) did earnestly desire of them, to consider of the great concerns of their Everlasting Condition; in order whereunto, he required a particular account from every one of them, what hope they had, (after all Counsels and Prayers) of their future happy estate: whereunto every one gave a particular account thereof, most of them confessing and bewailing their precedent Ill course of life, which might provoke the Lord to leave them to themselves, to fall into those Crimes for which they were justly Condemned: Some in particular confessing their Profanation of the Lords day, Disobedience to Parents, Drunkenness, mixing with bad Company; the sin of Swearing, and other Vices of the Tongue. One acknowledged, that he had for two years last past, prayed earnestly to the Lord, to be preserved from the Temptations of his loose Companions; but not setting a sufficient watch over his own heart, he was not fortified against the aforesaid Temptation. Another declared, that being in great wants, and having Overtures made of supplying him by invading the Proprieties of other men,he was over-perswaded to joyn with them in such an Attempt. Mr. Ordinary, after all these Confessions, earnestly pressed them to search into their hearts, which were naturally so deceitful, that they might not presume upon a false Faith and Repentance; and then another Minister concluded for that time with Prayers. On Wednesday morning about eight a clock, Robert Freeman was drawn on a Sledge (as is usual in cases of Petty Treason) to Little Britain , were just by the Grate was a Gibbet erected: He passed with a solid composed countenance, Reading all the way; and being brought thither, persisted in denying the Fact, with several solemn expressions, too tedious to be here related:he repeated the Lords Prayer with much appearance of Zeal, as likewise the Creed, declaring it to be the Articles of his Souls belief. Mr. Ordinary prayed with him very affectionately, and also he prayed himself in good words: he desired all young Men to beware of Ill Company, and private sins, left God should give them up to the like disastrous end: he expressed largely the love he had to his Master, and that he was not privy to, or conscious of any others that might be concerned in his Murther; but that for his own part, he freely forgave all the World, what ever thoughts it might have of him when he was dead; for he trusted he had made his peace with God: and so was Executed, most people with sorrow admiring at, and pitying his obstinacy; for so we cannot but call his denyal, after such convincing Evidence.Nor want there Examples heretofore of the like resoluteness under the greatest Guilt, in Male factors that out of hopes of Pardon at last, or vain-glory to dye pitted, have stifled their Consciences, and died with a denial of the Facts, which even before they confessed to Mr. Ordinary. But we dare not censure in so abstruse a matter; himself could not deny, but the Witnesses, Court, and Jury, had proceeded fairly: for Men can but act as things appear; therefore we leave him to the judgement of that most just and all-seeing God, who righteously judgeth all the Earth. The same forenoon, in four Carts were the other Eleven conveyed to Tyburn, who when they were all tyed up to the Beam, declared to Mr. Ordinary, and another Minister, those particular sins, which they did shame themselves for, at the just provocation of God, why he suffered them to fall into those soul Crimes, for which they now dyed. One of the five for the Burglary in Hatton Garden , delivered a paper of his Confession, under his own hand, which he desired might be published, as some evidence of his sorrow and Repentance to the World, the words of which are as follows. The first eminent sin which I can remember, was the Breach of the Sabbath; then I proceeded to keep Company, where I learned to Curse and Swear, and Prophane Gods Holy Name; Lying and Adultery, Drunkenness, and Disobedience to my Mother, who sought by good Counsel to reclaim me; which is the just cause my days are shortned in this World. I have been guilty of a great many Robberies on the High-way, and others besides this I am so justly Condemned for. Another of the Five confessed, that he was guilty of all manner of sin, (that of actual Murder and Treason excepted) and was much humbled for the same, especially for his execrable Oaths and Curses, which had been the customary Parenthesis of his discourses. They all acknowledged, that the hand of the Lord had righteously brought their Iniquities to light, and themselves to shame; they had deserved to be eternally rejected, for several other notorious unknown Impieties, but they hoped for the pardon of them, by the Merits of Christ, upon their Repentance, which is in charity apprehended to have been sincere: they all prayed for themselves, and some very pathetically, and beyond expectation. They desired Mr. Ordinary in their words, which would not be heard so well in their own pronunciation, by reason of the Multitude of Spectatours, that he would warn all present, by their calamitous end, to take heed of all sin, The Woman in the Morning, on some temptation, disown'd that she was guilty of the Burglary for which she suffered; but at the place of Execution freely Confessed it, and desired pardon of God for that Lye in particular. It was a sad and most affecting Spectacle, to see so many persons at once, hastning themselves to an ignominious Death, by the Impieties of their Lives: to behold such a sight, one would think, might awaken all that saw it, to fly from such wicked Practises, to leave off their debauched Conversation and bad Company, and seriously imploring Mercy and forgiveness for past Iniquities, strenuously indeavour to redeem the time for the future, and lead their Lives in Sobriety and Godliness; which God of his infinite goodness grant. I do Arrest the Particulars of this Narrative to be true. Sam. Smith , Ordinary of Newgate .

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THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, Of the TWO MALEFACTORS, Who were executed at TYBURN On Friday the Twenty-second of SEPTEMBER 1752, BEING THE Third EXECUTION in the MAYORALTY OF THE Rt. Honourable Robert Alsop , Esq ; LORD-MAYOR of the CITY of LONDON . NUMBER VIII. for the said YEAR. LONDON: Printed for, and sold by T. PARKER, in Jewin-street, and C. CORBETT, over-against St. Dunstan's Church, in Fleet-street, the only authorised Printers of the Dying Speeches. M.DCC.LII. [Price Six-pence.] THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, &c. BY Virtue of the King's Commission of the Peace, Oyer and Terminer, and Jail-Delivery of Newgate, held before the Rt. Hon. ROBERT ALSOP , Esq ; Lord Mayor of the City of London , RICHARD ADAMS , Esq ; Recorder , and other his Majesty's Justices of Oyer and Terminer and Jail-Delivery of Newgate, holden for the said City and County of Middlesex, on Thursday the 14th, Friday the 15th, Saturday the 16th, Monday the 18th, Tuesday the 19th, and Wednesday the 20th of September, in the twenty-sixth Year of his Majesty's Reign, Randolph Branch and William Descent were capitally convicted, and received Sentence of Death accordingly. The little Time they had to endeavour to make their Peace with God, they seemed to employ in Prayer to God for his Grace, that they might repent of their horrid Guilt, and in reading such Meditations as might bring them into the Way of Salvation, that so they might have Hope through Christ. They behaved well at Chapel both Parts of the Day, and the Morning of Execution, and seemed affected with Remorse and Contrition. They were indicted on Wednesday Evening last, for assaulting and robbing Mr. Jos. Brown , near Virginia-street , in Well-close Square , of which Indictment, upon very sufficient Evidence, the Jury found them both Guilty. In the Course of the Evidence upon this Indictment, there appeared so strong Proof also of Murder, that the Court thought proper to try them on that Indictment also. And, being charged with the Indictment for the Murder of the said Joseph Brown , upon clear Evidence, after a short Consultation, the Jury brought them in both Guilty. Then, as by the late Act for preventing frequent Murders is directed to be done, Mr. Recorder proceeded to pass Sentence of Death upon them, viz. That on the second Day after Conviction, and receiving Sentence, they were to be executed, and their Bodies delivered to Surgeons-Hall to be dissected and anatomized. They seemed to stand upon their Tryal with great Undauntedness, but when they found how the Case stood, and that they were convicted, dreadful Horror began to seize their Minds. 1. Randolph Branch , was almost seventeen Years of Age, born in the Parish of St. Mary, Whitechapple , of reputable Parents, who brought him up tenderly, and taught him to read and write. He was always a sprightly Lad, not a little given to be unlucky, but by the watchful Care his Parents had over him, before he left them, he was kept from running out into those disorderly Ways which his natural Temper inclined him to. He was at length bound out Apprentice to a Boat-Builder and Shipwright , but Work being no Favourite of his, he served only eight Months, and then withdrew himself from his Master. He went Home to his Mother, who, tho' she much disapproved of his leaving his Trade, and gave him what Advice she thought necessary; yet nothing could prevail with him, but he was resolved to take his own Course and do as he pleased. He now began to get into bad Company both of Men and Women, and there was no Scene of Iniquity and Debauchery, but he was ripe for it at about fourteen Years of Age, if not sooner. And now he commenced Acquaintance at Mrs. Tytchburne's House, which, he says, has been the Ruin of him, and many another poor young Fellow before him, where all Sorts of iniquitous Practices have for many Years been carried on both Day and Night. And, having with some of his new Acquaintance committed a Robbery, he was in Danger of being taken up for it, which coming to the Ears of his Friends, put them upon concerting Measures how to save him from the Gallows. And, accordingly it was resolved, that he should be sent Abroad out of the Way of such bad Company, as he had now taken to His Mother, he says, greatly concerned at his unpromising Entrance into Life, got a Birth for him to go to Newfourdland . So he went on Board, and continued with the Ship Abroad about eighteen Months. Tho' young of Years as he was, yet old in Iniquity he grew every Day; and, though he underwent some Hardships while Abroad, yet his wicked Spirit was no Way to be tamed, unless by the Means that the Law was obliged to make Use of at last. At the July Sessions, 1750, he was tried for stealing 17 Fowls, the Goods of Caleb Smith , in which Robbery he had two Companions. But, for Want of Evidence, he for that Time got off. This was no Warning; but he went to the old Works as soon as he was atLiberty, nor was it many Months before he was taken again. And in December Sessions, 1750, he was once more caught in the Trap, and try'd for another Robbery, but had the good Luck to be again acquitted. After which he was sent to Sea , as above, and came back to Plymouth about May last, where he first became acquainted with Desent, by drinking together on board the Ruby. From Plymouth he came to London again, and return'd to his Mother, but not in the least reformed, as wicked as ever, and soon got acquainted with Signal and Ward, executed in July last, in whose Company he committed Abundance of Robberies, so many that he could not remember the Number; and their Acquaintance was not above a Month, or six Weeks. Their Haunts were chiefly about Stepney , Radcliff , and White-chaple , in which Neighbourhoods they did much Mischief and Injury. The Robbery for which his two Companions above-mentioned suffered, was upon George Derby , in Radcliff Highway , in which Branch was a chief Actor: He stopp'd the Man himself, and had robbed him of what he had got, before they could well come up; but they were upon the same Design, and went out with him on purpose to stop and plunder any one they met with. Upon Account of sharing this Booty, the Money for which the Buckles were sold, they had a Quarrel; and Branch went to the Thief-takers, made Information against them, and they were taken. At the Old Bailey , at the Sessions of last June, he was Evidence against them, and they were executed in Consequence thereof. After so many Escapes, one would have thought he might take Warning, especially as he was not without Friends, who were able and willing to take care of, and provide for him, if he would but mend his Course of Life. But he was so unhappy as to be determined to his own Ruin, and nothing but Robbery and Debauchery had any Share in engaging his Hours. He was no sooner at Liberty but he returned to his old Haunts; there he spent his Share of the Reward he had for being instrumental in the Conviction of Signal and Ward, in Rioting and Drunkenness, and with lewd Women. And, when this was gone, he turned out again to get more after his accustomed wicked Manner. Many Robberies he acknowledges to have been guilty of, but never was in one attended with Barbarity before; and this indeed was too soon. They had robbed a Person before in the Neighbourhood, the same Night they perpetrated the horrid Murder of Mr. Brown, who not having much Money about him, they resolved, and Branch spoke the Words, that whoever they met withnext, if he was not a better Booty, they would treat him very ill, if they did not kill him. Branch acknowledged, that during his Confinement before Trial, he never once thought of dying, but fed himself with Hopes of escaping, by Means of the Evidence not amounting to sufficient Proof. The Fact was done in the Dark between him and his Accomplice; so he thought himself secure, not once recollecting that there is one who sees all, and who brings all hidden Things to Light, especially such atrocious Crimes. Upon his Trial he appeared with too much Undauntedness and Impudence, arising from the Unthinkingness of his Youth, even tho' he found more Evidence against him than he expected: And it was with no little Difficulty that he was persuaded to forbear being very rude before the Court. When he went from the Bar after Sentence was passed on him, he expressed himself in such Terms as I don't chuse to repeat, such as are enough to shock any one, that heard such Expressions from such an unhappy young Wretch. He affected Undauntedness ever after, even to the Moment he died; but yet, as far as his Mind could extend to think of what he had done, Horrors and Tremblings were the natural Consequence. And when the heinous Nature of his Offence was laid before him. Tears forced themselves thro' his Eyes, and he could not help betraying true Signs of Fear of the Danger he had brought himself into by Transgression, notwithstanding all his pretended Bravery. He was a Youth of a very profligate Disposition, and whatever Care had been taken of him must have failed of Success; for he resolved to die as he did, only perhaps he might have Hopes he should have reigned in his Wickedness some Time longer. When he was taken now, he thought to have got off, by turning Evidence; but the Hand of Justice was now heavy upon him to cut him off, and very deservedly. However, what he always said, with Respect to this Robbery, was the Truth, as far as I could find by them both: Branch pointed out the Mark, and robbed the poor Man, after the other had knocked him down, and was repeating his Blows. 2. William Desent , was 29 Years of Age, and was born in the Town of Marazion , alias Market-Jew, in the County of Cornwall . His real Name is William Dustings , and his Parents lived in Credit, and were well respected; though they were not in plentiful Circumstances, they made Shift to bring up this unhappy Man in a Manner to provide for himself, and he might have lived very well, if he had but had the Grace so to do. He was bred a Barber , and was, besides, used to be employed to work in the Pilchard Fishery , when the Season of the Year served, which is near six Months in the Year. By this Means he might have gotten a very good Livelihood, and nothing but the Wantonness of his own Heart could occasion his coming to such a woful End. He was a young Fellow of a very robust Constitution and Make, and capable of undergoing any Hardships, and, I believe, from his own Account of himself, that he has gone through many Difficulties both by Sea and Land, but for any of these he was never the worse, but might rather have been the better, had he made a proper Use of the Advantages he reaped upon Account of the Labours he endured. Nothing very remarkable happened in his Life, before he left his native Place; but at the Breaking out of the late War with France, he says, he entered into the Service of his Country at Sea. And he first entered on Board the Old Bristol , in which Ship he continued for three Years at Jamaica , and up the Streights, and returning to England in her, was turned over to the Medway . Soon after she went with the Fleet to the East Indies , and there he has been for the Space of eight Years more. The Fellow was a good Sailor , and a very useful Hand on Board, and he says, might have been Mate or Midshipman, and was once made a Midshipman on Board the Medway , but did not long continue to be so, choosing rather to be before the Mast. This does not seem to found well, but I should rather imagine, that his Behaviour being not equal to that Birth, he was reduced to his old Station, as most agreeable to his Character. He says, he underwent many Hardships in the eight Years Time, and, in the Month of May last he came Home to Plymouth , and was paid off, and discharged the Service. And now, one would think, he might have thought how, in the best Manner, to enjoy the Fruits of his Labours; had he so done, he would surely have gone from Plymouth to his own Country, where he might have lived a long while very prettily upon the Money he has spent in Extravagance, since the Time he arrived in England. And, he says, he believes he should have gone Home to his Friends, but having Prize-Money to receive upon Account of the Medway in London , and not having any Friend in Town to apply to get it for him, he thought it his best Way to come up, and receive it himself: When he came to London he received some Part of his Prize-Money, which, with what he received for his Pay in the Service, amounted to upwards of One Hundred and fifty Pounds, all which he has destroyed in Drunkenness and Debauchery; andbeing one of those unhappy Wretches who are said to get their Money like Horses and spend it like Asses, the Remainder of his Prize-Money, he says, he made over to a Friend a Fortnight before he was convicted, and since he was in Newgate . He confesses that he has been a very profligate Fellow, having passed the three or four Months he has been in London in the utmost Excesses of Rioting, Drunkenness and Debauchery, but declared seriously, he never was concerned in a Robbery till that unhappy Night of the Murder of Mr. Brown. Desent's first Knowledge of Branch was at Plymouth , in the Month of May last, when they were both just returned from Sea. Branch came on Board the Ship in which Desent had sailed, and drinking together, unhappily for Desent, they contracted some Familiarity and Acquaintance. But Branch left Plymouth first, and came to London , and getting to his old Tricks with Signal and Ward before-mentioned, he was taken up, and put into Clerkenwell Bridewell . In this Juncture of Time came Desent to London, and upon Enquiry after his Acquaintance Branch, was told where he was, and went to see him. They renewed their Acquaintance here, and Desent coming every now then to see him, kept up his Spirits till he had given Evidence against Signal and Ward, upon which they were convicted, and he once more gained his Liberty. Desent was all this while rioting and squandering away his Money, which lasted not long, though he says, he had not seen Branch for a Fortnight or three Weeks after his being last discharged. And now his Cash began to run low, who should fall in his Way but Branch. They were together three or four Days off and on, and continued most Part of that Time drinking and playing at Cards, seldom going to Bed regularly, if at all; and at last came the dismal Night in which was perpetrated the cruel and flagitious Murder for which they suffered. Their Senses were intoxicated, and their Spirits raised to a Degree of Madness, when Money being all spent, Branch proposed to Desent to go upon the Lay, as the cant Term is, i.e. to go a robbing. Branch was now grown desperate, and knew, if he was taken again, he must swing; so he chose Desent for his Companion, who, being a very stout Fellow, he thought might be a Sort of Bulwark for him, and save him in Case of Opposition. In this Situation, drunk and mad, they went out, resolved to attack any one they met; Mr. Brown unluckily falling into their Hands, as soon as Branch had said to him, There's the Mark, Desent felled him to the Ground withone Blow of a very large Oaken Plant, and barbarously repeating the Blows over the Head; when Branch had taken his Watch and Money, they left him for dead, and away they went off the Ground. They had applied to Mrs. Tytchburn, they both say, to know if she would take any Thing if they got it; and she said, she would take whatever they got. So as soon as they had done the bloody Deed, they carried the Watch to her, which she bought of them, and they divided the Money between them. The Fact was of so heinous a Nature, and the Barbarity used to the poor Man, so detestable, that the divine Providence seemed to direct the Pursuers to the Footsteps of these Fugitives from Justice. The several Traces thro' which the Discovery was made, seem to intimate, that the All-seeing Eye had communicated its Decrees of Vengeance upon the Murderer to those who were the Instruments of detecting these Miscreants. They had, in the first Place, been in Company with one who had been an Offender this Way, but has reformed, and set up a Resolution of being better for the future: With him they drank, till being enraged with strong Drink, they determined to go seek after their Prey. This Man appeared against them, and proved them to be together the Night Mr. Brown was murdered; and said, after they had drank together some Time, they were so free in his Company, as to say, they were going out upon the Lay, and would have him go along with them; but he refused, and went Home. The next Morning Desent, and another Person, were walking together, to whom he frequently shewed his Oaken Stick with which the horrid Fact was done: And, upon the other's Enquiry what he meant by shewing him the Stick, so often in a particular Manner; he told him, that with that Stick the Job was done in Well-close-Square the Night before, alluding to the Murder of Mr. Brown, as the other declared he understood it; upon which he had him secured, and when taken, he had the same Oaken Stick in his Hand. He would have laid it upon Branch, when under Examination; but, Branch being taken, laid it upon Desent: Their Guilt was so great, that both would have flung the Imputation of it from himself; they were ashamed to own their Barbarity, tho' they had Hearts hardened enough to commit so cruel a Murder. And, if it were possible to describe the Pangs, the Remorse, that these two Murderers underwent before they suffered, I believe, I may venture to affirm, it would be a Warning to every thinking Man, to beware how he gave such Way to the Allurements of the Devil, in what Disguise soever hemight represent them, as to go on in Sin, till he had finished his Course, and undone himself. A most cruel and horrid Murder it was, and the Mischief Mr. Brown received must be by heavy Blows, frequently repeated; but Desent says, it was owing to the Rage of Liquor; he could have no Malice against him, because he had never before seen him, and nothing could have prompted to it but the Rage of strong Drink, and the Devil taking Advantage of it, and driving him on to Ruin. And, tho' it was generally reported that their Motive for murdering thus cruelly the poor Man, was, because they knew him, and he them; yet they both absolutely denied they had ever had any Knowledge of, or seen him before. Again, the Circumstance of the Watch being lent to Mr. Brown, of which he was robbed, and Desent's confessing where it was sold, gave another strong circumstantial Proof of their being the Robbers, and Murderers: All these Circumstances put together left no Room for any Doubt, whether they were the Perpetrators of that bloody Act; and after Convicton, they were neither of them hardened enough, or so stubborn, as to deny the Share they had in his Destruction. Branch owned his robbing him, while Desent unmercifully beat him; and Desent as freely owned his cruel Treatment of the poor Man, in all its aggravating Circumstances. It seems to me, that Desent was more concerned for having done the Fact than Branch was, tho' upon the whole, they were both equally guilty, as to the Matter of Fact; nor did he behave with that daring Insolence as Branch did, either upon Trial or afterwards. He had indeed an unhappy Countenance, and Branch a more engaging one: But the latter was bred a Thief almost from his Cradle; the former perhaps stumbled into this Way of Wickedness at the Instance and Instigation of the latter; for, he declared, as he was a dying Man, he neverhad been in a Robbery before, and never was concerned but with Branch, the unhappy Night of this Murder. However, happy for the Publick it is, that two such are taken from among Men, and very deservedly. Notwitstanding the late Endeavours of the Legislative Power to prevent the Perpetration of the horrid Crime of Murder, by ordaining such a severe, dreadful, and almost immediate Punishment, for the same; yet the fresh Instance of the Conviction and Execution of the two Persons, who are the Subject of these Sheets, both equally guilty of this so heinous Offence, so soon after so wholesome a Law enacted, seems to shew, that it yet wants to be impressed on the Minds of Men, how cruel and unchristian such as Act is from one Man to another. And every Method ofso doing seems necessary to warn a Set of unthinking Wretches against this so dreadful a Crime. With the Candid therefore, and well-disposed, it will not be taken amiss, we presume, if we take up a few Pages to supply the Defect of Matter from the Passages of their Lives, in endeavouring to set forth a brief Dissertation, which may tend to suppress this barbarous and unchristian Spirit, of late too prevalent among the degenerate Part of Mankind, and in observing the general Vengeance that is sure to attend it in this and the World to come. Besides what the Laws of Man have provided in Order to suppress Murder, there is an absolute Command of God, Thou shalt not kill; which how Men can forget seems somewhat strange. The Command is express, and very easy to be remembered, being delivered in few Words.'Tis to be observed indeed, that no sooner was Man created, and began to generate, than even our unhappy first Parent found his first-born guilty of this abominable Crime, committed thro' Envy upon his own Brother: And, tho' on Account of peopling the Earth, perhaps, God did not think fit to inflict on him the Punishment afterwards decreed by the Law to the Commission of the same Crime; yet, to shew that it should not escape Vengeance, God pronounced a more dreadful Sentence upon him, than that of suffering immediate Death. What hast thou done? says God, The Voice of thy Brother's Blood crieth unto me from the Ground. And now art thou cursed from the Earth, which hath opened her Mouth to receive thy Brother's Blood from thy Hand: When thou tillest the Ground it shall not henceforth yield unto thee her Strength. A Fugitive and a Vagabond shalt thou be on the Earth. Gen. iv. 10, 11, 12. Cain, conscious of the Horridness of his Guilt in committing this Sin, and being more sensibly affected with the Heinousness of his Crime, cries out, ver. 13. My Punishment is greater than I can bear. And, he goes on to expatiate thus farther upon the dismal Weight of the Sentence pronounced on him, in these Words: Behold thou hast driven me out this Day from the Face of the Earth, and from thy Face shall I be hid; i.e. I shall lose thy Favour and Protection. And, tho' Cain was sensible he merited to have his own Blood shed, for imbruing his Hands in his Brother's Gore; yet this not being the Purpose of God at that Time, a particular Mark only was affixed on him, left any finding him should kill him. ver. 15. And he was left to range the World with this Mark on him, a walking Monument of God's Resentment against Murder. Afterwards, when the Law was given, I say, the Commandmentwas, Thou shalt not kill: And, as Men are bound to take all due Care for the preserving their own Lives, so were they also to strive to preserve others, instead of destroying them. Tygers and Wolves may destroy one another; but why should Man put himself upon a Level with the Beasts? There is neither Humanity nor Christianity in Murder; and as there is an absolute Command against it, there certainly must be a Punishment annexed to the Breach of that Commandment. And, though Murder first made its Entrance upon Earth in the Shape of Envy and Malice, yet are there many other desperate Motives inducing to the Perpetration of it, of which Men ought to be aware; such as are Pride, Drunkenness, Gaming, Robbery, and the like too fashionable Follies and Vices of the Age. And Reason plain enough there is, why Murder of all Kinds is forbidden by God, even because God only, who gave Life, has the sole Authority to take it away; and no Man, of his own Will, can shew any Right he has to commit this horrid Act on himself, or on any one of his Fellow-Creatures, because of the Decree which God has affixed to it, (Gen. ix.6.) Whoso sheddeth Man's Blood, by Man shall his Blood be shed. But however we cannot but observe, that this Commandment is not an absolute Prohibition, that upon no Cause whatever Life shall be taken away: No! Public Justice requires it; it is lawful for Magistrates, them that are in Authority, to take away the Life of an Offender, but especially in the Case of Murder; such is the Direction of the Lord himself, as above. God haveing the sole Power of Life, may take it away how he pleases, either by himself, or by the Direction of whom he appoints to execute his Will; and Rulers are on Purpose appointed to be a Terror to the evil Doer. Thus Abraham was about to kill his Son, because God bade him so to do. And Moses, for the same Reason, caused the Idolators to be put to Death. And thus might Phineas execute, by his own Hand, Zimri and Cosbi, because they had done Things worthy of Death. And God having given the Law, (Numb. xxxi. 31.) Ye shall take no Satisfaction for the Life of a Murderer, which is guilty of Death, but he shall surely be put to Death, hath thereby delegated the Power of the Sword to the Magistrate; and not only permits, but makes it lawful, for them to use it upon Occasion. Could the Law inflict anything too severe for the Punishment of two such Murderers as these? Had it been consistent with the Constitution of this Land, a much sorer Punishment they deserved, who so inhumanly butcher'd a poor Man, by knocking him down like an Ox, and leaving him in the Condition they did, than was immediateDeath, and Dissection of their Bodies. In such Case 'tis not only lawful, but expedient, to take away the Life of such Offenders, not only for the Sake of public Justice, but to deter others, if Example can be of any Use to such as daringly oppose all Law, and every Thing that is good. The famous Tully, writing to his Son Marcus, bids him be careful of his own Life, but not to injure any one. But this, which was only in him fatherly and affectionate Advice, is to us a Commandment from our heavenly Parent, to whom we owe our Life, and every Thing, and who can punish Disobedience with eternal Banishment from his Presence; which is a Hell of itself. But, As I observed before, there are several Motives that produce this fatal and wicked Deed, such as Pride, Drunkenness, Robbery, Gaming, and the like; 'tis too well known to be denied. Pride breeds Contention, and sometimes causes the best of Friends, after engaging together too warmly in Drinking, or Gaming, to rush headlong on one another to their Destruction. And the unhappy Malefactors were first induced to this atrocious and cruel Murder thro' Drunkenness, and a View to Rapine and Robbery. Being overcome with Liquor, and not meeting with such Booty as their unreasonable Demands expected, they let loose their Revenge on the next Person they met, and madly destroyed him, who was unguarded and inoffensive, not considering what they were about. In perpetrating which Fact they lifted their Hand as well against themselves as the poor Man, which, had it been at the Instant considered, the dreadful Thought might have stay'd the bloody Hand. And, Thus the Case stands, when a Man resigns his Reason to the Power of strong Drink, which, as Scripture says, is raging, scarce any Sin, Vice, or Folly, comes amiss to him; altho', upon Recovery of his Senses, he cannot but lament his abandoning himself to the Destroyer. Than this, few stronger Allurements hath the Devil to draw Manking into a Snare; few more prevalent, but none more productive of abhorrent Consequences. And now, As Vengeance generally treads upon the Heels of the Murderer, and sooner or later will overtake him, if Men did but consider this, alass, what Fear, what Trembling, must needs attend the Guilty! For soon after the Promulgation of the Law on Mount Sinai, God, to shew his Abhorrence of the Breach of the sixth Commandment, expressly declares, that the Avenger of Blood, i.e. the Magistrate, in our Style, shall slay, or cause to be slain, the Murderer. (Numb. xxxv. 19) And in the same Chapter he positively decrees, as I before observed, no Satisfactionshall be taken for the Life of a Murderer, (Ver. 31.) And, as God has thus declared against the Offence, how can the Offender hope to escape? Such was the Law of Moses in Point of Satisfaction for this Crime; nor can anything in this World expiate the Guilt; nothing but the Blood of the immaculate Lamb can be an Atonement in this Case. And how the Matter, with respect to Eternity, is to be determined, God only knows.'Tis intolerable to think of what shall be the Offender's Portion; for if God pardon not, how shall he dwell in everlasting Burnings! Though the Murderer escapes the Punishment of the Law on this Side the Grave, he is nevertheless not a Whit more secure, for he must fall into the Hands of the living God, when he has passed thro' the Grave, and the Time is come that he must appear at the last Tribunal, to receive according to what he hath done in the Body, whether good or bad; when the Wicked shall go into everlasting Punishment, but the Righteous into Life eternal. From a serious and due Consideration of what is gone before, it might be thought, that every Man would do his utmost Endeavour to keep himself free from the Pollution and foul Stain of Blood; that Dye which Oceans of Water shall never clearly wash out. Provocations there may be many, and Motives strong, but what are they when compared and weighed in the Balance with the Loss of a Man's Body and Soul. No Sort of Passion therefore, nor any Provocation or Motive ought to have such Influence on a Man's Reason, as to induce him to imbrue his Hands in the Blood of his Fellow-Creature. And as for the detestable Crime of Robbery, it is too injurious in its own Nature to require further Aggravation. These Observations, reduced to Practice, might avail towards taking away this foul Imputation from a Land. And, oh! 'tis, I dare say, the hearty Wish of every good Man, that the Example made of these two poor unhappy Wretches might deter others from the like Offence, and that this might prove the last sad Spectacle which the Laws of our Country might be obliged to exhibit to the World. At the Place of EXECUTION. ON Friday Morning, the 22d Instant, about Nine o'Clock, Randolph Branch and William Desent were taken out of Newgate , and carried in a Cart to the Place of Execution. When they were come there, being ty'd up to the fatal Tree, some Time was spent as usual in Prayer, and recommending their Souls to God. Soon after which the Cart drew from under them, and they were turned off, calling on God and Jesus to receive their Souls. Branch in particular seemed to endeavour to put on all the Shew of Unconcern that his little Resolution would give him Leave to do; tho', to observe him narrowly, the utmost Uneasiness and Dread at the same Time sat upon his Brow; his Colour frequently went off, and returned, which are sure Marks of Disturbance within. Desent appeared with a steady Countenance, and being of a very swarthy Complexion, after Eight Years being in the East-Indies , it was not easy to discover whether he changed Colour or not; but this I may venture to say, after Conviction, to the Time of Death, he was inwardly, and with great Reason, strongly affected with a Sense of the Barbarity he had been guilty of. And, whatever Appearance of Undauntedness might be faintly shewn by them, their Fears they had before expressed could never leave them upon so sudden an Execution. Besides, that Part of their Sentence sat very heavy on their Minds, that their Bodies must be anatomized, when they had Friends that would very gladly have buried them. Their Bodies being cut down, were put into a Coach provided for the Purpose, and very quietly carried to Surgeon's-Hall , the Mob scarce taking any Notice of it. And the whole Ceremony of the Execution of the Law was done without the least Confusion. This is all the Account given by me, JOHN TAYLOR , Ordinary of Newgate . Just Published, Price 4 d. And may be had of C. CORBETT, in Fleet-street, THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, of THOMAS WILFORD , For the Barbarous Murder of his Wife.

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THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, and Dying Words, OF THE MALEFACTORS, Who were Executed at TYBURN, On WEDNESDAY the 30th of May. BEING THE THIRD EXECUTION in the MAYORALTY OF THE Rt. Hon. MICAJAH PERRY , Esq ; Number III. For the said Year. LONDON : Printed and Sold by JOHN APPLEBEE , in Bolt-Court , near the Leg-Tavern , Fleet-street . M,DCC,XXXIX. (Price FOUR-PENCE.) THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, &c. AT the King's Commission of Oyer and Terminer, and Goal Delivery of Newgate, held before the Right Honourable Micajah Perry , Esq ; Lord-Mayor of the City of London ; the Right Honourable Lord Chief Justice Lee; the Hon. Mr. Baron Parker; the Worshipful Mr. Serjeant Urlin, Deputy Recorder of the City of London, and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex, at Justice-Hall in the Old-Bailey , on Wednesday, Thursday, Friday, and Saturday, the 2d, 3d, 4th, and 5th of May, 1739, and in the 12th Year of his Majesty's Reign. Seven Men, viz. Abraham Nash , Richard Sedgewick , John Stevens , Richard Tobin , John Trotter , Abraham Wells and Daniel Wells , and one Woman, viz. Jane Smith , were by the Jury convicted of capital Crimes, and received Sentence of Death. While under Sentence, they were exhorted from these Words, Wherefore I say unto thee, her Sins, which are many, are forgiven, for she loved much; but to whom little is so given, the same loveth little. St. Luke 7, 47. From the Connexion of this, with the preceeding Passage, I observ'd, 1st, The best of Actions are most readily censur'd by the worst of Men: Thus we find the Host Simon, who was of the Pharisees, who were all possessed with most malicious Prejudices against Christ, and the Propagation of his Gospel, reflecting upon our blessed Lord, for allowing this Woman, who was a very gross Sinner, to stand at his Feet behind him weeping, to wash his Feet with her Tears, to wipe them with the Hairs of her Head, to kiss his Feet, and anoint them with precious Ointment. Simon did not express his Resentment in Words, he only thought in his Heart, that Christ was no Prophet, who suffered so prophane a Person to approach or touch his sacred Person; but the holy Jesus, who is in timately acquainted with the Thoughts of all Men, gently reproved him by an apposite Parable, showing that the greater and more numerous our Sins are, which God hath forgiven, so much the more intense will our Love to this God be, for so great and unparalell'd a Mercy; and this led us to another Observation, for the Comfort of the poor, dejected Criminals. 2d. Observ. However great, however many our Sins are, let us not despair of the Mercy of God. Of this, we have an eminent Instance in the Text; this Woman having been a very notorious Sinner, yet being a sincere Penitent, and in token of her Penitence, applying to our blessed Lord in a most humble and loving Manner, the compassionate and merciful Jesus approved her Fidelity, commended her ardent Love, accepted of her hearty Repentance, which (no doubt) proceeded from an unfeigned Faith in Him as the true Messias, and only Mediator betwixt God and Man; in consequence of all which, this heinous Offender had the Pardon of her Sins granted her by our blessed Redeemer. "And he said unto "her, thy Sins are forgiven." ver. 48. And then she was dismissed with an Assurance of her being at Peace with God, in and through Jesus Christ. This I likewise illustrated from the Example of Manasseh, King of Judah, that Monster of Wickedness, who filled the City of Jerusalem, and all the Kingdom of Judaea, with the Blood of poor Innocents; of St. Paul, who had been a Blasphemer, a Persecuter, a Murtherer, and an injurious Person; yea, of great Numbers of those who had been the Betrayers and Murtherers of the Lord of Life and Glory; all which, upon their sincere Repentance, and turning unto God with their whole Hearts, were received into divine Favour, and were graciously blessed with the Pardon of all their Sins. They having been all convicted for the Crime of Theift and Robbery, I exposed to them the great Evil of this Sin, which evidently appears, because of the Vice of Covetousness, whence those Crimes proceed: This Crime is contrary to the Foundation of all good Life; those three great Duties, to God, to our Neighbour, and to our selves. 1st. It is contrary to our Duty to God, that Christ himself tells us, We cannot serve God and Mammon, Luke 16, 13. He that sets his Heart upon Wealth, must necessarily take it off from God. 2dly. It is contrary to the Duty we owe ourselves, and that both in respect of our Souls and Bodies: The covetous Man despises his Soul, selling that to eternal Destruction for a little Pelf; he is that covetous Person upon whom the Apostle hath pronounced, That he shall not enter into the Kingdom of God. 1 Cor. 6, 10. And as to the Body, the covetous Man often denies it those necessary Refreshments it wants, as is seen in the Case of rich Misers. And 3dly, Covetousness is contrary to the Duty we owe to our Neighbour, in both the Parts of it, Justice and Charity; he that loves Money immoderately, will not care whom he cheats and defrauds, so he may bring in Gain to himself; as for Charity, that is never to be expected from a covetous Man And still to aggravate and put the greater Note of Infamy upon this Sin, the Apostle saith of it, 1 Tim 6, 10. The Love of Money, is the Root of all Evil. Since they could not prove themselves sincere Penitents by the Tenor of an holy Life, as good and well-meaning Christians constantly do, they were exhorted to cast themselves and all their Affairs wholly upon God, who is at present Help in Time of Need to all who call upon Him with an upright Heart, who will never leave them nor forsake them, but will gently lead them through the dark Valley of the Shadow of Death, so that they shall fear no Evil, and bring them into the Possession of that glorious Kingdom, whither our Saviour Christ hath gone to prepare the way before us. As the royal Psalmist adviseth, Cast thy Burthen upon the Lord, and he shall sustain thee: he shall never suffer the Righteous to be moved. Psal. 55, 22. They were advised, since in the preceeding Part of their Life, they had been negligent in their Duty to God and Man, now to double their Diligence in working out their Souls Salvation with fear and trembling, to look unto Jesus the Author and Finisher of our Faith, exercising a lively Faith upon him which worketh by Love, despising Time, and the Things of Time, raising their Affections above this World, and wholly settling them upon God, upon Christ, upon Heavenly and Divine Things, crying incessantly unto God, that he who made them may have Mercy upon them only for Christ's Sake, and that he may behold them in the Face of his Anointed the blessed Jesus. They were also instructed in the Nature of the blessed Sacraments of the Covenant of Grace; how that they were dedicated to God in Baptism, and that having broken these sacred Obligations in innumerable Instances, it was now their Duty to renew their solemn Vows by partaking in the blessed Sacrament of our Lord's last Supper, wherein all the Benefits of Christ's sufferings and death are exhibited, and sealed up to every true believer, in a visible and lively Manner. When these and many like Instructions were given, all of them attended constantly in Chapel, and comply'd regularly with the Prayers, and were attentive to the Exhortations. Abraham and Daniel Wells could not read, and scarce made any outward compliance; they were very quiet, and appear'd mightily concern'd, especially Abraham, who seem'd very much troubled and uneasy under his unhappy Misfortunes. Some of them were reprov'd for talking too much at unseasonable Times. Richard Sedgwick came not above three or four Times to Chapel, being best part of the Time sick; when I visited him in his Cell he professed Penitence, and reflected upon a Gang of seven or eight Horse-stealers, who got him engag'd as one of their Accomplices, and put him upon taking Horses out of Gentlemen's Fields in Middlesex , a great Number of which he carried off; this having been his main Business for above a Year past, according to his own Confession, and all by their Direction, whom he blam'd for all his Misfortunes; he did not seem to be so sick, but a poor, lazy, indolent Fellow. Upon Thursday, May 24, Report was made to his Majesty in Council, of the eight Malefactors lying under Sentence of Death in the Cells of Newgate, when Richard Sedgewick , for stealing a black Mare, value 3 l. the Property of the Rt. Hon. Richard Earl of Burlington , January 23, a Gelding of a bay Colour, value 4 l. the Property of John Hooper , March 20, a Gelding of a brown Colour value 4 l. the Property of James Gladman and Samuel Ivory , Jan. 16. a Gelding of a Chesnut Colour, value 3 l. the Property of Richard Hall , April 4, and a Gelding of a brown bay colour, value 4 l. the Property of George Edwards , Feb. 2. John Stevens , for stealing a silver Tankard, value 6 l. the Goods of Edward Plummer in his Dwelling-house, April 13. John Trotter of St. Mary le Strand , for stealing 40 Ells of holland, value 30 s. 22 Pieces of Buckram, value 10 s. 15 gross of Braid for Stays, value 7 l. 15 gross of galloons, value 8 l. 3 Pieces of white Buckram, value 18 s. 15 Pieces of canvas, value 15 s. 3 Pieces of brown Buckram, value 3 s. and 6 Pieces of Ticken, value 2 s. The Goods of Thomas Doughty , in his Dwelling-house April 8. Daniel Wells for stealing a Brown Mare, value 2 l 10 s. the Goods of Ralph Sympson , May 23, in the Ninth Year of the King; and Jane Smith , for privately stealing a Gold Watch and Gold Seal, value 3 l. from the Person of Edward Spragg , April 2, receiv'd his Majesty's most gracious Reprive; the remaining three, viz. Abraham Nash , Richard Tobin , and Abraham Wells were ordered for Execution. Abraham Wells and Daniel Wells of Enfield , were indicted for stealing a Brown Mare, value 2 l. 10 s. the Goods of Ralph Sympson , May 23, in the Ninth Year of the King; Daniel repriev'd, Abraham appointed to die 1. Abraham Wells , 45 or 46 Years of Age, of honest Parents in Enfield , his Father was a House-Carpenter, gave him little or no Education at School, neither was he very willing to learn much, not being of a pliable Temper, but inclined to ramble. When of Age he serv'd his Time to a Butcher in the same Place, and being out of his Time he follow'd and liv'd by his Business some Time, and when inclin'd to change his State of Life, he married a Widow Woman in Endfield of some Substance, which because she was not willing to allow it him all, was the first Occasion of some Uneasiness between them; they had some Children, one of whom a Girl about eight or nine Years of Age is now living, who came several Times to see her Father under his deplorable Condition, and whenever the Child came he could not refrain from Tears; his Wife he often blam'd, and said she and his Brother-in-law was the sole Occasion of his being under these unhappy Circumstances, and he could not bear the Sight of her, nor would never be persuaded to see her since he was Condemn'd, till some few Days before his Execution, which with some Difficulty he did give his Consent. When his Wife saw him she was much concern'd at his Unkindness towards her, and fell a crying to think what an unhappy State he had brought upon himself thro' his own Folly and Wickedness; as soon as she had recover'd herself a little, he upbraided her, and she likewise him of each others Faults. He used to sell Pork and Veal in Carcasses to the Markets in London , and about the Country; he was very much addicted to vile Company, particularly to the late Richard Baker , William Wager , alias Cocky Wager, and Bonner the Butchers, the two last kept Butchers-Shops in Newgate Market. Bonner was executed at Tyburn on Monday the 27th of Sept. 1736, for a Robbery committed on the Highway on Mr. Hasswell; Richard Baker and William Wager alias Cockey Wager, was exected at Tyburn , on Thursday the 3d of March 1736-7, for robbing on the Highway one Mr. Lewis. It will not be amiss to give the Readers the very Words which this Malefactor gave on the Behalf of the abovesaid Bonner the Butcher, when he was try'd at the Old-Bailey for robbing the above Mr. Hasswell on the Highway, on July 23, which is as follows, viz. " Abraham Wells . I live at Endfield-Wash , am a Butcher ; I came to Smithfield in June - July, aye in July it " was; I am no Scholar an't please you " my Lord, - but I came up to buy " a Bullock; I bought it, and up comes " Mr. Bonner, How do you do says he? " How d'ye do Mr. Bonner says I; what " have you bought a Bullock says he, " will you go in and drink says I? Yes " says he; I bought the Bullock of a " Customer I deal with; I paid him for " it, and paid him 10 l. I ow'd him: Mr. " Bonner was with me, and saw me pay " the Money, it was in July, and were " in Company together five or six Hours. " Question. And what then? " Wells. He was in my Company and " saw me pay the Money, that's all. " Quest. Who was the Money paid " to? " Wells. I paid the Money at the " Greyhound in Smithfield , and staid " there from 11 o'Clock to 4 or 5; but " I don't know the Man's Name that " keeps the House. " Quest. You know the House where " you say he was; why did not you do " the good Office to bring the Man, or " some of his Tapsters here? What Character does Bonner bear? " Wells. A very good Character as " far as I know, he keeps a Shop in " Newgate Market, and I have sold him " Pork and Veal in Carcasses; I know " nothing but that he is very honest." After Bonner's Trial was over, Wells was taken into Custody and committed to Newgate for Perjury, and the following Sessions was tried at the Old-Bailey and found Guilty; whereupon the Court ordered him so many Months Imprisonment, and to stand in the Pillory against the Greyhound in Smithfield , which he did accordingly. Abraham Wells was in a very bad Disposition for a dying Man, entertaining nothing but Malice against his Wife and Brother-in-law Simon Lewis , whose Evidence convicted him of stealing the Mare for which he died. Lewis and Well's Wives quarrell'd, and Well's Wife obliged him to take out a Warrant against her Sister for scolding and beating her; upon that Simon Lewis promised in Revenge to hang him, and he kept his Word, this occasion'd his being so bitter against his Wife, as the immediate cause of his Destruction; that he could not at first be persuaded to forgive her, and Lewis, and one Parnel, another Brother-in-law, who was also against him at the Trial, in giving him a very bad Character of a great Rogue. He blam'd Parnel for taking all his Goods, when he was in Prison for Perjury in the Affair of Bonner, to this he reply'd, That he had his Money for the Goods. The Wife own'd the taking out a Warrant against her Sister, but that it was merely by Accident that it prov'd her Husband's Ruin, and no Design in her; and Friday May 25, she being in the Press-yard to see her Husband, cried most bitterly, when he insisted upon the old Topick, which she could not deny, only in her bitterness of Spirit she upbraided him with keeping Company with another Woman, (who was a near Relation) for some Years past, and slighting her; this he said was only her jealous Temper, affirming upon the Words of a dying Man, that there was no manner of Reason for such a Suspicion; he seem'd always to be discontented, reflected on the Evidence, and was nor willing to confess much. I insisted upon the great Sin of Perjury, showing what a crying Guilt it was, he could not deny his being perjured in the Case of Bonner the Highwayman, only he alledg'd they did not give right Evidence against Bonner; I told him, what was said against Bonner was not in the Question, but Perjury is a Sin not to be committed upon any Account whatsoever, and that we are never to do Evil that Good may come of it; he could not deny but the Sentence of Perjury against him was just, but as to positive Confessions, it was next to an Impossibility to bring him to it. Abraham had not many outward Signs of Repentance, was very sullen and morose, neither did he show much Regard to the Worship, and being very ignorant of Religion, for he could neither Read nor Write; I endeavour'd what I could to inform him, but he was dull of hearing, and slow of understanding, in spiritual Matters especially. On Saturday the 26th Instant, I earnestly desired him to forgive all who had offended him, particularly his Wife and Brothers-in-law, who were Evidence against him, and convicted him, since if he did not forgive his Enemies, he could not expect to be forgiven of God. By this Time the Dead Warrant being come down, so that he could not entertain any further Hopes of Life, he freely forgave every Body, and resolved to die in the Communion of the Church, and in Peace with God and Man; he was a Man of a loose profligate Life, and not duely affected, as one in his deplorable Circumstances ought to have been; yet a few Days before he died, he was much more mollified and tender-hearted than formerly, and sometimes I heard him repeat the Lords-Prayer, the Belief, and comply with other Parts of Divine Worship, which he did not do before. As for his Wife, he could not say she intended his Destruction, but it gave him much Uneasiness that she was the immediate Cause of his being taken up; this I told him being by Accident and not of Design, besides the Reasons inducing him as a Christian, it was a strong Argument obliging him to forgive that accidental Offence, tho' it prov'd his Ruin; after much Intreaty, he freely forgave and promised to die in sincere Friendship with her; he desired not to be exposed, I advised him not to be concerned with any of the Affairs of this Life, which could no way affect a future State, the only Thought his Mind ought then to be taken up with. Two or three Days before his Execution, he appear'd like one Distracted, and made such a Noise in his Cell, in crying out in the Night Time, that he disturb'd his Fellow Prisoners; and it was the Opinion of some, if he was not narrowly watch'd he wou'd make away with himself before the Time of his Execution, this he would not own, only that it was in the height of his Perplexity; I comforted him with the infinite Mercies of God. He declared his Faith in Christ, that he repented of his Sins, and died in Peace with all Mankind. Richard Tobin was indicted for assaulting Michael Cosby in a certain Field and open Place near the King's Highway, putting him in Fear, &c. and taking from him a Hat, value 2 s. a Peruke, value 7 s. and 9 s. and 4 d. in Money, April 29. 2. Richard Tobin , about 21 Years of Age, of honest Parents in the Parish of St. James Clerkenwell , had good Education at School in Reading, Writing, and Accompts for Business. When of Age he served to a Leather Clog-Maker honestly, and when out of his Time, he kept himself by his Business, liv'd with his Parents, who being old People, and pretty much reduced in the World, he helped to maintain them. He was not so wicked and profligate as many of that sett of People are, only sometimes he was given to drinking, but not much addicted to Women as these abandon'd Wretches commonly are, which Dispositions seldom fail to lead them into Shame and Disgrace. He was acquainted with none of these Gangs of Thieves and Robbers who corrupt young People, and this Robbery he died for was the first and last he ever committed in his Life (as he said). Under his last Misfortunes he behav'd better than any of them who died with him, was very regular in attending Chapel, complying with the Worship, and giving attentive Heed to Exhortations, when the rest of them were a little turbulent, for which they were reprov'd very often. As to the Crime for which he died, the Account he gave of it was to this Purpose. Upon Sunday the 29th of April last, when he should have gone to Church to worship God, he went to the Fields to walk and profane the Sabbath, when he should have been better employ'd, he came to Black Mary's-Hole , the Places thereabout being pretty much haunted by such ill disposed People, here he met with some of his Companions, and with them drank very liberally till all his Money was gone, then he thought upon coming to Town, but how it came in his Head he could not tell, he resolv'd upon robbing the first Person he met with, as he came along the Fields nigh to the above Place called Black Mary's-Hole , he rencounter'd one Michael Crosby , who had been at Islington with a young Woman named Margaret Pinkney , Tobin jolted against Crosby, who asked him, what do you want, Tobin replied, what do you want? Nothing but Civility says Crosby; upon which he swore at him to deliver his Money, otherwise he would kill him with an Iron Bar he held up in his Hand, Crosby delivered his Money, which was 9 s. 4 d. then Tobin snatcht off his Hat and Wig, but the Wig falling, and he stooping to take it up, Crosby laid hold of the Opportunity, fell upon him, beat him, and had the better of him. Tobin begg'd for Mercy, which he promised so soon as they came to Town, when he was down Crosby held him with one Hand, and unty'd one of his Garters with the other, with which he bound him, having also got in his Possession the Iron Bar with which Tobin threaten'd to murder him at first. At the beginning of the Fray Margaret Pinkney the young Woman in Company with Michael Crosby ran away in a dreadful Fright, and coming to an Ale-house at the back of the Town, the pray'd them for God's Sake to step out, and save a young Man, who (she believed) was murdered by a Fellow in a flannel Waistcoat and a blue Coat; two Men went out, and called out Michael, but had no Answer, at length one of them getting a Link to light him, it being very dark, and 9 o'Clock at Night; in the second Field he found Crosby holding Tobin by the Nap of the Neck, with his Hands bound; the right and Surprize had seized Crosby so that he could not speak out, but panting and breathing, he was not able to say any more, but with a low Voice and trembling, I have got him! Notwithstanding the pretended innocency of his preceeding Life, he was certainly very ill employed that Lord's Day, and with the vilest Company, and as I represented to him, God in a just Judgment had forsaken him, and given him up to himself, for his great Impiety in despising and neglecting God and his Worship, for which he was permitted to fall into that vile Crime, which suddenly brought him to an ignominious End. He was carried to New-Prison that Night, by Order of a Justice before whom they took him, and afterwards to Newgate , whence he had his deserv'd Reward. It is most probable, he was put upon this wicked Way, having an Iron Bar in his Hand to knock down Passengers, and certain, had he succeeded in this first Attempt of robbing, it would have been an Encouragement with the Gangs of Thieves and Robbers about the Town, so that his being taken up and punished prevented his doing much more Mischief. He confessed that he was a very great Sinner, and suffered most deservedly for his violent and wicked Attempt, in which he was very providentially disappointed by the Person whom he attack'd. He believ'd in Christ his only Saviour, repented of all his heinous Sins, particularly those of his Life, and forgave all Men, as he expected Forgiveness from God. N. B. On Tuesday the 29th of May, the Day before their Execution, his Majesty's most gracious Reprieve came to Newgate in Favour of Abraham Nash , (for a Highway Robbery) which pray God he may make good Use of for the remaining Part of his Life, of his Majesty's Clemency, and to the Service of his Maker. At the Place of EXECUTION. THE Morning they went out I read Prayers to them in Chapel, and they appeared very serious and devout; they receiv'd the Holy Sacrament in a devout manner, as also did Abraham Nash , who received his Majesty's most gracious Reprieve on Tuesday last, received it with great Humility. After I had done praying by them, Abraham Wells and Richard Tobin were conducted to their Colls, where they did not remain long before they was called out to have their Irons knock'd off, then they was carry'd out of Newgate in one Cart about Nine o'Clock to Tyburn. When they came there, they were very attentive and serious, Richard Tobin own'd himself to have been a very profligate Youth, addicting himself to a Gang of Thieves and Highway-Robbers, for which he begged Pardon of God and the World, particularly the young Man whom he robb'd. Just before they went out of Chapel, I was desired to ask Abraham Wells a Question or two, which I did, upon which he was in a Passion; he adhered to his former Confessions; he could not forbear, altho' so nigh hs End, his Reflections on them who were Witnesses against him at his Trial. Both of them hoped for Mercy, and were very fervent in Prayers to God for that End, They were devout in complying with the Prayers and singing of Psalms, and went off the Stage, crying out, Lord have Mercy upon us, Lord Jesus receive my Spirit. This is all the Account, Given by Me, JAMES GUTHRIE , Ordinary and Chaplain of Newgate . APPENDIX. RICHARD TOBIN , I am not yet Twenty-one Years of Age, I was born in Leather-Lane , in the Parish of St. Andrew's, Holborn , of very honest, tho' poor Parents, my Father liv'd with several Vintners in the Station of a Drawer, who put me to School to learn Writing, Reading and vulgar Arithmetick; about five Years ago, I was Apprentice to one Mr. Lunn, a very honest Man, a leather Clog-maker , in Blue Anchor Alley , Whitecross-Street , whom I serv'd near 3 Years, and was us'd very well both by him and his Wife, more like their Child than their Servant; but before I lived a Twelve-month with him, I was led astray by one Henry Ash , who was an Apprentice to Mr. Lunn before I came to him, and as far as I could learn, was inclin'd to theft and picking Pockets from his Infancy; he had robb'd his own Father, who was a Silver Watch Chain-maker, and an honest Man in good Repute; but the first Intrigue he led me into, was stealing of Gulloon, with which the Clog Ties are bound, and that was from Mr. Kane, a Leather-Cutter, in Beach-Lane , with whom my Master dealt; sometimes we stole forty Yards together, or such a Quantity as we could conveniently come at, and when Mr. Lunn sent either of us to buy Gulloon, we cut as many Yards of the Piece as he wanted, and pretended we bought it, and so kept the Money. Before the first Year of my Time came about, he induced me to run away with him from my Master, and told me he had Friends in St. Giles's, and accordingly went to Bloomsbury , and there took a Lodging at two Shillings a Week, and wrought at the Clogmaking for a Fort-night or thereabouts, before our Master found us out. But I should observe, the very Night we ran away, he made two or three Handkerchiefs, being a great Proficient in that Way. As soon as Mr. Lunn had found us, he sent Ash to Clerkenwel Bride-well , but having a good Opinion of me, and my Friends making Application to him, he took me home; after Ash had been about a Week or a Fortnight in Bridewell , he wrote a very submissive Letter to my Master, promising good Behaviour and Diligence for the future, which together with the Sollicitation of some Neighbours, prevailed upon him, he comply'd with their Desires, and so was discharg'd out of Bridewell , and took home again. He had not been long at Home before we got a good Parcel of Gulloon, which we dispos'd of in the usual Manner, but at length he got acquainted with one Mr. T - s Daughter, who lived in the same Alley, and last October was two Year, they ran away together and were married, and lived in Wapping for some Time; but when her Father discover'd where they were, he bought off Ash's Time for five Guineas and took him home. In June following, I left my Master, and went to one Mr. Banks, the Prize-fighter, who follows the Leather Clogg making, and wrought with him about four Months; then I bought Tools and went home to my Father and Mother, to Clerkenwell , and work'd hard at my Trade, until I got acquainted with one Elizabeth H - p, a Bricklayer's Wife, that liv'd in Gray's-Inn-Lane , a Woman of a very lew'd Life, she us'd to come to my Mother's and entice me away from my Work; I liv'd with her a Fortnight together last Welch Fair, for she kept a Booth there, and sold Geneva &c. and then I got acquainted with R. T. W. W. and W. H. who followed wicked Courses and belong'd to a Gang of Street-robbers and House-breakers, that were Transported about two or three Years ago. We frequently got into Alehouse-yards, and such-like Places, and carry'd away Coppers, Pewter-pots, and Dishes, and whatever else we could find; but we soon got into a more profitable Method, which was breaking open empty Houses, and striping the Lead off. In August last, when our Acquaintance began, we broke into a House in Gray's-Inn-Lane , and stole as much of the Gutter Lead from off the Top, as came to 15 s. at a Penny a Pound; the next Night we broke into two Houses in Baldwin's-Gardens , and took away about 15 Yards of leaden Pipe which went through the Cellar to the Yard. We seldom committed any Street-Robberies, of any Signification; but one Night as we went together, we met a Woman in Gray's-Inn-lane , with a Piece of Holland wrapt up in Paper under her Arm, and R. T. put his Hand up under her Pettycoats in order to make her drop the Holland, and then I run away with it, and though she cry'd out, Stop Thief, &c. we got away undiscovered. There's hardly a House in Baldwin's-Gardens , or Leather-lane , but we stole some what from, either Lead, or whatever else we could find. In February last, we attempted to break open a Milliner's Shop, in Gray's-Inn Passage , but having not the Tools then about us, for that purpose, our Design was frustrated; but the next Night we came better prepared, and broke it open, but found nothing of any Value in it, for the first Night we got off a Padlock which was on the Outside, which the People discovered the next Day, and caused them to take away what valuable Goods were in the Shop. Soon after this, we broke into a House in Cold-Bath-Fields , where we found a leaden Pipe, and cut off about ten or twelve Yards of it; then we broke into a House in Summer-street , where R. T. and W. W. formerly lived, and finding a great deal of Lead there, we made two Nights work of it, and carry'd away as much as we sold for 26 Shillings, and about 3 or four Nights after, we got into an adjoining House, and cut a piece of Pipe which brought us 4 s. 6 d. During this Time, my Father and Mother us'd their Endeavours to get me home, and to forsake the Company I kept, and at last they prevailed on me; accordingly I quitted my Companions about seven Weeks ago, and came home to my Work; but they still importun'd me so, that I could not get rid of them, telling me what large Booties they got while I was at home; at last they prevailed on me to go to drink Gin with 'em, (which has been my Ruin) and when I got a Dram of Gin, I was ready for any Mischief; on Easter Monday I bought myself some Cloaths and Shoes, &c. and that very Night they enticed me to go out with 'em, and we went first to an Ale-house up St. Giles's , where we drank plentifully, and not having Money sufficient to pay the Reckoning, I pawn'd my Coat which I bought that very Day, and after we had spent that Money, I pawn'd the rest of my Cloaths, and while that held, we did not commit any Robbery, but towards the latter End of Easter-Week, the Money was quite spent, and then we began to think how to get more, so we agreed to go to Mr. Hynes, the Brewer's-Yard, and there we cut out of a Cistern, a large Quantity of Lead, which was the last Action we did together; for I got drunk with my Part of the Money on Sunday, and in the Evening as I was coming home, I met with Michael Crosby , and a young Woman, in a Field near Black Mary's Hole , where I committed the Fact for which I dye; I had an Iron Range belonging to a Grate in my Hand, and struck him on the Stomach with it, and then he asked me what I wanted, I told him, I wanted his Money and would knock his Brains out of he would not give, and accordingly he gave me some Silver, but how much, I cannot tell, then I snatch'd of his Hat and Wig, but the Wig falling on the Ground, I stoop'd to take it up, and then he threw himself upon me, and kept me down, and getting the Bar out of my Hand, he struck me over the Head with it, and then took me by Neck, so that he had like to have choaked me; the young Woman in the mean while went to a Publick-house hard by, and brought some People to his Assistance. I freely forgive him and all that had a Hand in taking away my Life, and hope God Almighty will forgive me my Sins, and I die in Peace with all the World. Richard Tobin . The following Letter Richard Tobin sent to Michael Crossby , one of the Drawers at the Globe-Tavern , in Hatton-Garden , whom he robb'd. May the 25th, 1739. From the Cells in Newgate . Mr. Michall Crossby , THIS with my Love to you, hopen that you will be so good, out of Charity Sake, and for the Love of Mankind, and for Jesus Christ Sake, take some Pity on me, Richard Tobin , for my Frends is very poor, and my Mother is very sick, and I am to die next Wednesday Morning, so I hope you will be so good as to give my Frends a small Trifell of Mony to pay for a Coffin and a Sroud, for to take my Body a way from the Tree in that I am to die on, and I freely forgive you from the Bottom of my Heart as I hope forgiveness from God, and dont be faint Hearted at your Hangin of me, for I forgive you, so I hope you will take it into Consideration of my poor Body, consedar if it was your own Cace, you would be willing to have your Body saved from the Surgeons, and if you dont belive what I have write in this Paper, come to to the hend of Hatton Garden and speak to me, and I will satefise you that I do forgive you, so God bless you, and your Sweat Heart Mary Pinkney , So no more from your loving Frend, Richard Tobin . A Copy of a Letter to Richard Tobin , from a young Woman whom he was to have been married too. Monday, May 26, 1739. My Dear, " MY Troubles that I now labour " under, in concern for you, is "unexpressible, being continually grieved at your sad and melancholy Calamity, and Misfortune which you now " lie under, and I myself am in a very " miserable Condition, as being afflicted " with a violent Fever, and am not able to " help myself, or I should have been with " you before this time; but if it pleases " God I should Recover, I will come to " see you as soon as possible, nor would " I have you to think, that I shall have " any Concerns with that Person whom " you mention in your Letter, for I " faithfully promise you, that I have an " utter Aversion against him, so far, " that if ever it was to be in my Power " to do it, I would make him share of " the same Fate. So my Dear, I beg " that you would not be uneasy as to " that; for his Wife came to see me, " and if I could have got out of Bed, I " would have broke her Neck down " Stairs. But my Dear, the greatest of " Grief is, that I fear there is no hopes " of saving your Life, and therefore I " heartily desire that you would spend " those short Moments of Life, that you " have to stay on this side the Grave, in " making your Peace with God, for the " good of your precious and immortal " Soul; and I promise you through the " blessing of God, that I shall pray for " you both Night and Day, and I beg of " you for God's sake, to pray continually, " that God may have Mercy on you in " the next World; and consider that " your Time is short, and the Work you " have to do is great. Pray my Dear, " think not ill of me, or that it was in " my Power to do you any good on " on your Trial, for had it been in my " Power, I would have taken the whole " Punishment on myself, even to the " hazard of my Life, so that I could " have saved you, but that was impossible; " and if it should please God, that I " should not be able to come to see you, " as I hope in God I shall, I beg that " you would not forget above all Things, " that of making your Peace with God: " This is all at present, from your ever " loving and affectionate Spouse that was " to be. Ann Ro - ey" The following Letter ABRAHAM WELLS sent to his Cousin Richard. Sunday Evening, May 27, 1739. Cousin Richard, I Desire you will come to me upon Sight hereof, and he with me if possible about four o'Clock a Tuesday, for a Wednesday Morning I shall dye; if you can't come a Tuesday by 6 or 7 in the Evening, be sure be with in by Six o'Clock on Wednesday. Morning, and I will give you a Mare clipt with my Name; when you come, I will let you know where she is, and I will give you a Cart, Collar and Harness, a Chopper and Stilliarde, a Tree and Ropes, let me beg you'l not fail coming, for if you dont see me, I fear my Wife will not let you have them. No more at present, but pray don't fail coming. This Day is Publish'd, Printed and Sold by JOHN APPLEBEE , in Bolt-Court , Fleet-Street . SELECT TRIALS at the Sessions-House in the Old-Bailey, for Murders, Robberies, Rapes, Sodomy, Coining, Frauds, and other Offences, from the Year 1720 to the present Time; chiefly transcrib'd from Notes taken in Court, with genuine Accounts of the Lives, Behaviour, Confessions and Dying Speeches of the most eminent Convicts. These Trials, &c. are not to be met with in any other Collection. In Two Volumes, Price 14 s. These Two Volumes contains the TRIALS of Hawkings and Sympson, for robbing the Bristol Mail, wi an Account of all their Robberies. Spiggot, the famous Highwayman, that bore 350 Pound Weight on his Breast. Butler, Barton, Fox, Hawes, Wright, Colthouse, Drury, Warwick, Yates, Armstrong, Beck, Edwards, and many others, all famous Highwaymen and Street-Robbers. Arthur Grey the famous Footman , for Burglary with an Intent to ravish Mrs. Murray. Dr. Kraafe, Pritchard, Simmonds, Cooke, Ellis, and many others for Rapes, all very entertaining. Capt. Stanley, for the Murder of his Whore. Brinsden, Crony, Nichols, Mac Gennis, Iutterell, the famous Nanny Butler, Vaughan, and Cholmly, (two Constables) Foster Snow , & many others for Murder. Major Oneby, for the Murder of Mr. Gower, with his Life. Vezey and Hallam, for the Murder of their Wives. Richard Savage , Esq ; for Murder, with his Life. Captain Jane, for Murder. Edward Stafford , Esq ; and many others. Sally Salisbury , for an Attempt to stab the Hon. J- F-, Esq; Sir Charles Burton , Bart . for Felony. Duffus, Gabriel Lawrence , and a great many others, for Sodomy, shewing all the Tricks and Methods used by the Mollies. Squire Day, alias Davenport, for a Cheat; and several others for bilking their Lodgings. Two German Counts, for forging a Bank Note. Jonathan Wild , for several Felonies, with several Particulars of his Life, never before published. Mrs. Gregory, for marrying Squire Cockeril, under Pretence of being a great Fortune. The infamous Catherine Hays , who murdered her Husband, and lay with another Man the very same Night. Mrs. Sherman, for giving Poison to Mr. Chovet. Vevers, the Bricklayer, on all his Indictments. Mary Hendron for marrying Miss Morris to an Irishman, against her Consent. Blind Cowper and Harpham, and others, for Coining. Russel, for a Misdemeanour, in endeavouring to carry away Mrs. Benson. William Hales , Esq ; and Parson Kinnersley, for Forgery. Atkinson for the Murder of his Mother, at Charing-Cross. With a great Number of diverting TRIALS of Whores, for robbing of those that pick'd them up; and several other remarkable ones for the Highway, Rapes, Murders, Burglaries, &c. Both Volumes containing upwards of Five hundred Trials; among which are upwards of seventy Trials for Murder, near Sixty of Whores for privately stealing, upwards of one Hundred for the Highway, about Thirty for Rapes; the rest being for Frauds, Forgery, Burglary, Sodomy Bigamy, Shop-lifting, Riots, Misdemeanors, Receiving Stollen Goods, Single Felonies, &c. &c. &c. N. B. These Trials are not only very necessary for all Lawyers. Justices of the Peace, Clerks of the

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A True Account of the Behaviour, Confessions, and last Dying Speeches of the Condemned Criminals, that were Executed at Tyburn on Wednesday the 3d of this Instant Novem. 1697. On the Lords-Day, after the Condemnation of the Condemned Criminals, a Sermon was Preached on this Text, Psal. 32. 2. Blessed is the Man unto whom the Lord imputeth not Iniquity, and in whose Spirit there is no Guile. The Doctrinal Observation from the Connexion of the Words is this. THERE must be a right Spirit of Purity formed in the Heart, to take away the falseness of it, in the concealing and extenuating of Sin, before the Lord will Pardon the Condemning Demerit of Sinning. Sanctifying Grace is the only true Wisdom, which David Petitioned for, that so his Hypocrisy (whereby he had cover'd his Sins) might be Cured. In the very order of Nature, the guiles of sinning are defeated by abominating them, and the loal chastity of the Soul is formed, before the deadly penalty of Sinning is remitted or cancelled. See Scriptural Records for this method of God, in pardoning Sin and Sinners, Acts 2. 3. and Chap. 3. 19. 26 Also, Chap. 5. 30, 31. there it is affirmed, That God gives Christ; first, to be the King of Righteousness, by his divine Power to subdue and sanctify the proud Heart of a Sinner, before he can be in a capacity to lay any Title to Christ as a preistly Saviour, who hath by his Meritorious Death satisfied divine Justice, in order to the sealing the penitent Sinners Pardon. The Holiness, Wisdom, Justice, yea, the very Goodness of God, require this stated indispensable order of Salvation. No Prince in Wisdom, will pardon a Rebel while he retains the Heart of a Traytor. The Spirit of Holiness will not set his Seal of pardoning mercy (for comfort) on an hard impenitent Heart. No Man can in Reason think to make the Impression of a Seal on the Water which is gliding away. Such are the fluid Resolutions, sickle and false Purposes of Sinners. That they will turn to God, and reforme the course of their Lives. If God should only pardon a Sinner, and not change his Heart, he would immediately forfeit such a Pardon. Besides in effectual Vocation to God in Christ, we resign sincerely our whole Man in Converting to God, and are made new Creatures: So that Faith, Repentance and universal Obedience, are parts of Regeneration and Sactifying Grace. Also, Christ redeems us from the Malediction of God's Laws, in the same method in which we made our selves sinful and miserable: We first blotted out the Image of God in Holiness; this must first be reinstampt, to make us partakers of the divine Nature, before we can be in any Capacity to have the guiltiness of Sinning not imputed to us, and the penalty of Death for Sinning Remitted; hence St. Paul's meaning, in saying, That God justifies the ungodly, is only this, That the best of Men are ungodly in a lower Degree, as having the Relicks of Sin in them, and therefore not being perfect in their Obedience, these have need of God's continued Act, to justify them in Christ: Even a Regenerate Person upon committing any new Sin, must renew the Acts of his Faith and Repentance, before the Guilt and Defilement of that Sin can be taken away, by the renewed Act of God's Justifying Grace. Indeed a sincere Christian looks upon this to be his chief compleat Blessedness, that he is made Conformable to God in Holiness; he well knows, that this is the Congruous method of God's pardoning Mercy, that it is dispensed with an holy Wisdom, and a just Clemency, so as to preserve the reverend Majesty of his goodness. Thus divine Priviledges follow the Inspiration of Spiritual Life. For the better understanding of this, That Sanctification preceeds Justification; you must distinguish, that there is a two fold Sanctification. The first is wrought in our Regeneration, which is the infusion of the principles of universal Holiness; this is properly Sanctification, and doth necessarily preceed Justification, as hath been Demonstrated. But that Sanctification which follows Justification, this is the reparation of the decays of Grace, at first infused in Regeneration, and is a continual Renovation of the Image of God, when sullied and defaced. It is properly a deeper rooting or impression of the divine Nature, in a Progressive walking after the Conduct of the Spirit of Holiness; this is a consequent Demonstration of the truth of our Justification. Thus you see that we are justified by Faith in Christ, as the consequential effect of our union to him by the Spirit of Holiness. Faith purifies the Heart, as deriving from union to Christ, the likeness to God in Holiness, before it can pacify or quiet the Conscience in any hope that Sin is pardoned. Thus the Renovation of our corrupt Nature as it is the great design of Christ's Love in dying for us, so it is the chiefest part of our blessedness, in order to eternal Salvation. Therefore that is a false peace in the Conscience, which doth not disturb, yea, mortify the indulgence of corrupt Nature. For the Peace of God in a justifyed Person, rules so strongly in his Heart, that it ejects the dominion of the least lust, and will not suffer any sensuality of the afflictions to controul the Law of Sanctifying Grace. A truly justified person is very studious to get greater Degrees of Purity instampt upon his Heart, to preserve the Seal of his Pardon undefaced, by any wilful Act of Sinning; yea, he will strive to abound in all the fruits of Holiness and Righteousness as the Testimonial of his gratitude to God, not only for sparing the forfeited Life of his Soul, but also, for the Lord's Superlative favour, in adopting him to the Inheritance of Celestial Glory. A truly Justified Person doth not only beg of God to pardon the falseness of his Heart, in the former covering the Guiltiness of Sinning; but he more earnestly prays that God would poise and Cure the fickleness of his Heart, to make him stedfast in his Service. Thus being Reconciled to God in Christ, the truely penitent have the aggrevation of their Sins pardoned, and so blotted out, that no inditement shall start up against such, to implead them at Christ's Tribunal; when the universal frame of Nature shall break and be dissolved with amazing Thunder-claps; yet, such who now Repent and turn to God unfeignedly with their whole Hearts, these shall be refresht with the Smiles of their Judg, who shall turn Advocate in their behalf. He will fortify their Soul with an holy Courage and humble Confidence in the Treasures of his Grace and Mercy. He will not only acquit them as clothed with his perfect Righteousness; but being conformed to him in an holy state, such shall be admitted to reign with Christ, on Thrones of Glory of Eternity. The conclusion was thus Directed to the Condemned. How confident are most Men that their Sins are Pardoned, whereas they still continue in their full force of contracted Guiltiness? How absurdly do Men expect that the most upright Judge Eternal, will pardon the condemning Guilt of Sinning altho' the subtile Guiles and flattering Insinuations of their Lusts are fondly indulged? But meer Dreams of Pardoning Mercy will overwhelm the Soul with Terror, when Conscience shall be awakened to charge it self with all the Abominations of Men's Hearts and Lives; yea, the Mercy and Goodness of God would be blemished, if the Lord should promiscuously misplace it on Sinners, while they stout it out in their Rebellion. Yet I fear that you are not Ingenuously willing to have your mistakes in the Concernments of Eternal Life, to be faithfully discovered, & safely rectified, by the sacred Rules of Truth and Holiness. Do not think that meer Consternation and Anguish in your Consciences is sincere Repentance, and the Pangs of the new Birth: This may proceed from the dreading of publick shame, and the smarting Punishment of Sinning, and not from any true sense of the Malignity of the Heart, in Sinning against God, or the defiling effects of it upon the Heart. Faint Skirmishes with corrupt Nature cannot subdue the Propensities of secret Lusting; nor can a short abstinence from Sinning prove that the Love of it is subdued; Have not your Lusts revived in a sharper Paroxysm, upon any trifling temptation of sordid worldly Profit or sensual Pleasure? Besides, that is a false peace of Conscience, which doth not Rule so strongly as to eject the Dominion of every Lust, that it shall not controul the Law of Sanctifying Grace. Truly Justified Persons maintain a very strict watchfulness, to preserve the integrity of the new Creature, that it be not Impaired. These are studious to strengthen the vigorous Constitution, of their Souls in Holiness, that it may not languish, and that the beautiful frame of Sanctifying Grace may not be sullied. Take heed therefore, lest you should presume that your Sins are Pardoned, because you declame against them, while you are under the terrible Arrest of Death; when as if your Lives should be spared, you would adventure to dye in the embraces of your Lusts, upon the renewing of their Sollicitations: To prevent this, beg of God, That you may abandon with perfect hatred those works of darkness, in which you have abounded, having been Subtile in the contriving and extenuating them. Oh! that the Mysteries of Godliness may be so discovered to you that these may sink deeply in your Heart, to rectify them thorowly, in an Sincere Consecration of them to the Lord; Sek the compleatness of Righteousness in Christ to Justice you and the Sanctifying Graces of his Spirit to change your corrupt Nature. Then you may entertain lively hopes of blessedness in God's Celestial Kingdom. Aspire to this state, wherein there is not any possibility of Guiltiness, Guiles, nor Pollution in the Heart, but Sincerity and purity, reigning in their highest perfection to Eternity. I proceed to give an Account of the Behaviour and Confessions of the Condemned Criminals. I. HEnry Allen , Condemned for robbing on the Highway. I do acknowledge, (said he) That for my many and great Sins, (by which I provok'd the Lord) he urly hath brought the Sentence of Death upon Me. He said, That by his acquiring the skilful use or his Pen, he was fit for to be a Clerk to a Counceller at Law; and had Religious Education, but did not improve it in his walking suitably thereunto (yet his carriage was not given to the heighth of Wickedness.) He confest. That he had Sinned against the Convictions and Remorse of his Conscience, which made his Sins to be the greater; That he had mispent much precious time in Vanity. But now, (said he) I hope it is the sincere desire of my Heart to please God; and were I to live, I would not willingly depart from him, but would watch against all Temptations of sinning, that I might serve the Lord, and employ my self in an honest way to get a livelihood. II. William Betts , Condemned for robbing on the Highway. He said, That he had been a Clerk to a Counceller ; but leaving his Service, he was exposed to an idle Life; that he is much troubled now, That he spent his Time amiss in bad Company, and that he did not strictly observe the Duties of the Christian Sabbath, which would have kept an awe upon his Heart, not to adventure on such sinful Courses, for which, he said, That he now justly suffers. III. Thomas Cotterel , Condemned for Coining false Money. He did not deny the Crime. He formerly kept a Tavern ; and said, That the entertainment of Persons in his house on the Lord's Day, made him sometimes join with them in drinking Intemperately. He said, That he had known his Duty to God, but did not obey his Will; which now as much afflicts him, as that he must dye. IV. Joseph Forster , Condemned for robbing on the Highway. He said, That his Friends left him a good Estate, but he squandred it away in vain Expences; That he observed not the worship of God on his holy Day; that he had been too much given to Swearing, and excess in Drinking with bad Company. V. Thomas Houghton , Condemned for Counterfeiting Stampt Paper. He was a Person of knowledg in the matters of Religion, and said, That this hath aggravated his Sins; that he committed them against the clear and strong Convictions of his Conscience to the contrary; that he kept Company with bad Women before he married; and acknowledged, That for his evil Life, God suffered the Sentence of Death to fall upon him He was very attentive to the Instructions and Prayers, which were used to prepare him for a fit going out of the World, and to obtain the future estate of Blessedness. VI. Francis Cook , Condemned for Counterfeiting Stampt Paper. He was a broad Silk-Weaver , and said, That he had drove a great Trade for some thousands of Pounds per annum; but he had contracted great Debts, by trusting insolvent Persons and was brought to extream Poverty, which inclined him to join with Thomas Houghton in Counterfeiting stampt Paper. He said, That he had been a Change Broker and got Money by it; but Drunkenness and bad Company caused him not to mind the Duties of the Lord's Day, which exposed him to commit many other Sins. He was very Penitent, and yet, said, That he distrusted his Heart as to the Sincerity of it; but he Prayed to God to work in him an hatred of all Sin, chiefly for offending him and grieving his holy Spirit. VII. Francis Salisbury , Condemned for stampt Paper. He was born in Worcester City ; had Religious Education, and was a student in Divinity ; a Person of excellent acquired Knowledge, as well as Natural quick Understanding. He was very Penitent, and said, That he had sinned against the Convictions of his Conscience, and that he had brought a reproach on his Function, which, he said, That he could not expiate but by special Degrees of a more than ordinary Repentance; that if he must dye, he submitted to the Will of God, hoping that he would Sanctify his fatal Stroke to the saving of his Soul. VIII. Francis Exon , alias Gains , Condemned for Stealing a Gelding. He was an Husband-man in Surry . He said, That he was tempted to commit this Crime, but did not express by whom; yet he acknowledged that for half a Year past, he had followed a vain course of Living. He seemed Penitent. IX. Richard Talent , Condemned for picking a Pocket. He denied not the Crime, neither was he so sensible of it as he ought to have been. He said, That he was not bred up to any employment, because he had been very disobedient to his Parents. I told him that this heinous Sin is sadly Reflected on, as exposing Persons to a shameful untimely Death, which many acknowledge who suffer Publickly. On Wednesday the third of Novevber 1697. Francis Cook , Henry Allen , and Thomas Houghton , were convey'd to Tyburn in a Cart, where they were ty'd up, Houghton owned his fact, and exprest his sorrow for the Guilt of his Crime, and desired all the People to take warning by him; to follow good Courses, and be obedient to the Commandments of God, and not to commit the lest Sin, whereby to enrich themselves, for thereby it would put them under Repentance, but to have a due regard of the lest breach thereof. He seemed to be penitent, and acknowledged the Justice of the Law. Francis Cook owned his ct, saying very little, and desired the Prayers of all good People. Henry Allen owned his Crime, saying, That he was sorry for the Fact which he had committed, and begged of God to have Mercy upon his Soul. Sometime after they were ty'd up, Mr. Saisbury the Minister came in a Mourning Coach, attended with two Ministers; and being brought into the Cart, he fell upon his Knees and prayed for a considerable Time by himself, and afterwards he willingly join'd in Prayer with the Church prayer: He did not say much, declaring that it was not his purpose to speak when he came there. He acknowledged his Crime, and the justness of the Law. And being ty'd up, They were turned off. About an Hour after, the Sherriff of Middlesex and his Officers, brought the Bodies of Thomas Cotterel , alias Cockeril , and John Ripley , alias Rapley on a Sledge; and being tied up, each of them owned their Facts, but Rapley said little. And Cotterel begged of God to forgive him his Sins; and owned likewise, That he had been in Newgate formerly. After Prayers and a Penitental Psalm, They were turn'd off. This is all the Account that I can give of this Sessions. Dated Novem. 3. Sam. Smith , Ordinary . LONDON, Printed for E. Mallet, in Nevil's-Court in Fetter-lane, 1697

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THE ORDINART of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words OF the FOUR MALEFACTORS, Who were executed at TYBURN, On Monday the 28th of April, 1760. BEING THE Third EXECUTION in the MAYORALTY OF THE Rt. Hon. Sir THOMAS CHITTY , Knt. LORD-MAYOR of the City of LONDON . NUMBER III. for the said YEAR. LONDON: Sold by M. COOPER, in Pater-noster-Row. 1760. [Price SIX - PENCE.] THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, &c. BY virtue of the king's commission of the peace, oyer and terminer, and at the general sessions of goal delivery of Newgate, holden for the city of London and county of Middlesex at Justice-hall in the Old Baily, before the Right Honourable Sir Thomas Chitty , knt. Lord Mayor of the City of London ; the Honourable Sir Thomas Dennison , knt. one of the Justices of His Majesty's court of Kings Bench ; the Honourable Sir Richard Lloyd , knt. one of the Barons of His Majesty's court of Exchequer ; Sir William Moreton , knt. Recorder of the City of London , and others of his Majesty's Justices of oyer and terminer for the said City and County, on Wednesday the 27th, Thursday the 28th, and Friday the 29th of February, 1760; in the 33d Year of His Majesty's reign, William Beckwith was capitally convicted for house-breaking and robbery; and John Guest and Thomas Smith for the like crimes. And by virtue of His Majesty's commission of the peace, &c. holden for the City and County aforesaid, before the Right Honourable Sir Thomas Chitty , knt. Lord Mayor of the City of London , Sir William Moreton , knt. Recorder , and others of His Majesty's Justices of oyer and terminer for the said city on Wednesday the 16th, Thursday the 17th, and Friday the 18th of April 1760; Robert Tilling was capitally convicted for the crimes in his indictment laid. On Wednesday the 23d of April, the report of the said four malefactors was made to His Majesty by mr. Recorder, when they were all four, viz. John Guest , Thomas Smith , William Beckwith , and Robert Tilling , ordered for Execution. John Guest and Thomas Smith were indicted, for that they on the 2d of February, about the hour of five in the night of the same day, the dwelling house of William Howes did break and enter, and steal out from thence thirty pair of silver shoe buckles, value 16 l. six pair of knee-buckles, value 24. s. and four silver Stock-buckles, value 10 s. the goods of the said William. To this indictment Smith pleaded guilty, and Guest was convicted on the evidence of William Howes , Joseph Goston , and one mrs. Montgomery, to whom part of the broken silver was sold. Smith was stopt and apprehended in Hounds-ditch offering some of the buckles to sale; and Guest was taken in Monmouth street , selling an Alapeen coat stolen from one mr. Lee; besides which, some of mr. Howes's Buckles, &c. being found upon him, he was taken before Justice Welch, and by him committed to goal. After their conviction, their behaviour was apparently regular and becoming their unhappy situation, daily attending the duties of the chapel, being instructed there in those necessary things, which they had too lightly regarded all the former part of their lives; and having proper books given them to employ themselves during their consinement in their cells, which, as Guest could not read, Smith read to him. Thomas Smith gave the following account of himself; that he was about 21 years of age; born at Layton-Buzzard in Bedfordshire ; his father and mother were in the farming and labouring way; sent him to school where he learned to read and write moderately well, till being of a proper age to be put out apprentice , he was bound to George Edwards a Turner , in Swallow-street St. James's Westminster , to whom he served about five years; and then went off to sea , without his master's consent, being ill treated, and half starved, as he said, by a woman who lived with his master. He fail'd in the volunteer capt. Kent, in which he entered himself about Christmas was two years, was out a cruising 14 months, and returned in February, 1759. During that time though they took several prizes, particularly two French Turkeymen off the Barbary coast , between that and Sardinia , yet never any shares were divided among the crew. When his master heard of his return home, he went to seek and claim him aboard the privateer at Deptford , but he was gone ashore, and in two or three days returned to his master of his own accord, and wrought with him till the beginning of August last. Masters of families should learn from the fate of this unhappy youth to revive and keep up good order and government in their houses, and especially teach them to remember their Creator in the days of their youth; and though there should be no family prayer or instruction duly dispensed to them as a family, which is become too rare among the lukewarm and nominal christians of this age, yet at least every one of each family should for their own safety and preservation read and pray in private as constantly as they receive or expect the renewed mercies of the day. This practice would preserve multitudes from sin, misery, and utter ruin. This lad owned that his master never made him repeat his catechism or prayers, nor instructed him at home, he added indeed, that he was no scholar; however he went to church on Sundays and took his' prentice with him. While on board the privateer, he never saw either prayer book or bible, nor heard any mention of prayers, reading or instruction, during the whole 14 months he was aboard. They came ashore bare of clothes, money and every necessary; in a few months he sell into bad company both of men and women, who help'd to seduce him into this wicked course. Guest was one of them; But Guest in his turn layed the blame on him. When Guest was first taken and carried before Justice Welch, he consessed, in hopes of being admitted an evidence, most, if not all, the robberies they had committed. Thus it is that these unhappy creatures, when entangled in the snares of wickedness accuse, and betray one another; and their emulation is, who shall be the greatest villain, and the first betrayer. From this and many other considerations, they were all exhorted earnestly and frequently to truth and sincerity in their repentance; and to give proofs of it by a full confession of their crimes for the satisfaction of the injured, and clearing of the innocent, that the experience of their present sufferings, and the fear and certain expectation of future punishment, ought to move them to this. In consequence of which Smith delivered me the following paper in his own hand writing. "I confess to Almighty God, that I have lived a very wicked life for some time past, and was brought into this wicked way by keeping of bad company, which brought me to this miserable condition as I am now in. I was concerned with Guest in several robberies, which has brought me to this unhappy end as I am now come to. As for that robbery in Fleetstreet of mr. Howes's, we had not so much as he swore to. Guest and I Thomas Smith , robbed one mr. Lee in Holbourn of a coat and two wastcoats, and Guest was stopt with the coat. A week before Christmas about ten o'clock at night, we robbed a house in Moore's yard, St. Martin's lane , and I was concerned with robbing of a jeweller's shop of three pair of Bristol stone buckles, a purple necklace, a cornelian seal, both set in gold, which we were indicted for: and was concerned in robbing a laundress of about twenty fine shirts and shifts near Grosvenor square ; and in robing a millener's shop at Charing Cross of two ruffled shirts and other things; and another robbery in the Strand of about seven dozen of linen, and cotton and silk handkerchiefs together; and at a Haberdasher's in Charles street Soho square of about ten pair of stockings, and about a dozen of silk handkerchiefs, and in Westminster at a haberdasher's in King-street of about 20 pair of thread stockings; and in petty France Westminster of about twenty pair of ditto, and another robbery in Holbourn of a pair of stays and a man's hat, and at a haberdasher's shop in Lincoln's Inn fields of about ten pair of silk and thread stockings, and six pair of silk ditto, and other things which I cannot remember. And when that we could get at no place in town, we did use to go into the country a stealing of fowls, and any thing that I could get hold of. And one morning about eight o'clock, I robbed a shop at Chelsea of about as much linen, as was worth about ten peunds, and this is all that I can think of to the best of my remembrance from the time that Guest brought me into that way of life." 2. John Guest being very ignorant, and quite illiterate, could not give me his confession in writing, but acknowledged he was a partner in some of the aforesaid facts with Smith; and that they were usually concerned together: said he was about 20 years of age, born in the parish of St. James's Westminster , his father was a labourer, and his mother sold fruit about the streets, but has been dead some years. He was put to school in his childhood, but never gave his mind to learning; but followed idle children and play; the first employment he took to of himself, being about the age of 12, was sifting of charcoal and small coal for mr. D - h a dealer in Charles street Westminster , with whom he worked one year at nine shillings a week and small beer. He then lived four or five years with mr. M - n a dealer in coals, who keeps carts and horses in Swallow street ; when work failed there, he looked out and went to mr. N - l - n a coal dealer in Durham yard , with whom he wrought about two years trouncing, i. e. loading and unloading of carts , and sometimes driving them; at which he continued till this charge appeared against him. Says he has been acquainted with Smith his fellow convict about 12 months, that at that distance of time, his master gave Smith his time, because he used to run away, then he went to live with an idle woman of ill fame, and used to call at the wharfe for Guest to go with him. The ruffled shirts mentioned in Smith's confession were taken out of a house in David street Grovenor square ; and were pledged with an old woman in Wormwood street St. Giles ; as they informed a chairman, who came to enquire after these shirts about a week after their conviction. They both declared themselves ready to confess any fact they had been guilty of to satisfy any injured person who enquired. 3. William Beckwith , otherwise Beckington , otherwise Thomas Robinson carpenter was indicted, for that he, on the 25th of January, about the hour of eight in the night of the same day, the dwelling house of Ralph Griffiths , did break and enter; and four cotton bed curtains, value 5 l. eight cotton curtains, value 4 l. five blankets, value 5 s. one quilt, value 10 s. three looking glasses, value 3 l. one pair of brass arms, value 2 s. one stuff negligee, value 5 s. one pair of cloth breeches, value 5 s. one hat, value 5 s. one petticoat, value 1 s. one iron trevit, value 6 d. one pewter cullendar, one brass warming pan, and one iron fire shovel, the goods of the said Ralph, in the said dwelling house, did steal. Beckwith on this first indictment was found guilty of the value of 39 s. as to the felony, but acquitted of the burglary, which saved his life on this trial by the mercy of a compassionate jury giving credit to his own confession made before the justice who committed him, and now acknowledged before the court. Notwithstanding it is very observable, this last confession is inconsistent with a former one, made by himself to John Read , beadle of Hackney , as he was taking him to goal in a coach, when he said there were no others concerned in breaking the house, but Reuben Dan and himself, which, if true, he must have been guilty of the burglary. Beckwith was a second time indicted by the same names, for that he, in a certain lane, or open place, near the king's highway, on Aaron Gomez D'acosta did make an assault, putting him in corporal fear and danger of his life, and taking from his person one cloth coat, value 40 s. two handkerchiefs, value 1 s. and nine pence halfpenny in money numbered, his property, January 26th. Notwithstanding the two handkerchiefs lost by mr. D'acosta the prosecutor and sworn to be his property were found in the custody of Dan and the prisoner, by Thomas Taylor the constable who searched Beckwith's house for the goods of mr. Griffiths, yet the jury willing to be on the safe side, acquitted the prisoner of this indictment, considering perhaps, that the prosecutor own'd he was so frighted when robb'd that he could not swear to the man. But still his evil genius pursued him and hunted him down to death, for, He was a third time indicted by the same names for stealing one cloth coat, value 20 s. two pair of linen sheets, value 5 s. one silk handkerchief, value 2 s. three pewter dishes, value 3 s. twelve pewter plates, four pewter porringers, three linen handkerchiefs, one cambrick handkerchief, five linen napkins, one shagreen instrument case, five lancets, two pair of stone buttons, one pistol, one peruke, one hat, three linen shirts, three linen shifts, one linen table-cloth, and 5 l. in money; the money and goods of John More , in the dwelling house of the said John, January 19. He denied this fact as he did the former, and continued so to do to his last breath, notwithstanding the strength of evidence against him, as it appears at large in his printed trial. To confront his denial with a few remarkable circumstances may not be amiss. The prisoner and Reuben Dan who fled from justice lived in one house together, and kept a cook's shop , most of the goods charged in the indictment, were found in the prisoners apartment, and deposed to by the prosecutors. He gave the following account of his birth, parentage, and life. That he was the son of William Beckwith a carpenter of Hale in Norfolk near Swaffham about 20 miles on this side Norwich , was left an orphan about six years of age, both his parents dying within a week of each other; he was now about thirty eight years of age, has a wife to whom he was married last new year's day, had lived a yearly servant with several farmers, till he was about twenty years of age, in that time saved his wages, and gave about 8 l. ' prentice fee, to learn the business of a carpenter ; to which he served five years with one Richard Forby at Tettleshill in Norfolk ; who the years after becoming a bankrupt, came up and settled at Shoreditch , where he died. Bechwith wrough as a journeyman carpenter all over the county of Norfolk , with a fair character, as he asserts, the last place was Downham market , with John Templeman a carpenter for about three years, off and on. From thence last December was a year he came to London , and wrought journey work in Southamption street Bloomsbury , on the duke of Bedford's estate for about eighteen weeks, and then in little Queen-street , for mr. Williams, who keeps a saddle warehouse there. During this time, he lodged with one Hall a carpenter in liquorpond street, near Grays-inn lane , but now moved he knows not where; but heard he is gone for a soldier. After this he went to work at Hackney , with mr. Speed a master carpenter there about Easter last, and wrought at repairing squire Mordaunt's house at Hackney, where he wrought about fourteen weeks, with three of four workmen at a time; he still wrought for mr. Speed at home and at gentlemen's houses, till near last Christmas, then went to mr. Heard's with two other carpenters, viz. Garret and his son from Essex at Woodford bridge Epping Forest , where he wrought about three weeks, then returned to Hackney , and first began to lodge with Reuben Dan a carpenter , who wrought with mr. Speed, by which means he first came acquainted with him; but declares he never heard or knew any thing of his being a robber or housebreaker, or guilty of any other bad practice. Being asked whether this Reuben Dan be a Jew, he answered he is not a Jew, but an Englishman, and that he heard he is gone to Holland to avoid a prosecution for the burglaries, robberies, and felonies he is charged with, he farther declared, he never was guilty of any other fact, but so far as he acknowledged in the robbery of Mr. Griffith's house, as appeared, and he confessed on his trial, affirms he had but one crown for his day's work; but owns, he was to have had more, when they got change; but that he never had any more. Says he was placed in the lane next the street by them to watch if any one came, and to give them a call, which he says was all he had to do with them, or in any other bad affair before or since. In a week after he was taken up on suspicion by Read the beadle at the Green Dragon in Bishopsgate street, where Dan and Robinson were also to meet, but Read coming to the Green Dragon first, this Beckwith was seized before the two other came, else he must have had them all; that about a week or ten days after, on searching Dan's house, some goods of mr. Griffiths, such as a trivet and shovel, were found in Dan's custody, but Beckwith added, he was gone a week before. How the goods could be found in his custody which he had left behind him, and gone off, needs explaining. He farther said that a hankerchief of goods were left in bis the prisoner's room, by Dan about two weeks before they were found; the prisoner was then finishing a chest of drawers to send home, and knew not what was in the handkerchief, nor never saw it opened till in court. Saw Dan put other things at a same time in his own closet which he supposes might be tools. As he daily attended divine service, and such exhortations to repentance and confession as were necessary. Backwith often declared, what he told me before is true, and that he was no farther concerned; that he had a letter last Monday from the county of Norfolk, with his character attensted by many witnesses, which was to be laid before proper authority, in order to have him recommended to the mercy of his majesty. When earnestly urged to confess his guilt, he replied that he can confess no more, unless I would have him own what he never did. To confirm what he said on his fair character and good behaviour in Norfolk, he shewed me a letter from the wife of John Templeman carpenter of Downham market , before mentioned; which is as follows. Downham Market, Feb. 25, 1760. WILLIAM Beckenton , I am very much surprized to hear that you should keep such company as a bring you to this fatal place, which I am informed by Edmond Pager , for he tells us that you are in Clerkenwell Bridewell , which I am very sorry to hear, and if it be true, and you should want a character, your master will do you all the service he can, and bring with him a great many to speak in your behalf. So pray let us know by the first post, which is all present from your mistress, Mary Templeman . Notwithstanding this, he was again confronted with a letter from John Read one of the beadles of Hackney who was a witness on his trial. In that letter, beside the different names he went by, and the crimes laid in the indictment; it is farther charged against him and Dan: that "the same night (in which they rob'd mr. D'acosta) they robb'd a poor carpenter, and shot him in his arm, Dan always clapt his pistol to their breast, and Beckington took them by the collar with a knife in his hand. "That on Saturday night in 26th of January, they robbed in London fields near Hackney, mr. Harrison a staymaker in Brown's lane, Spittle fields of three guineas and his watch. All this we have traced our step by step. But, sir, you will find Beckwith a great deceiver: but if he don't acknowledge all this, he will die with a lie in his mouth." It is added, that, "on the 2d of January, they were seen at an auction of mrs. Nichols at Clapton, where a carpet and all her pewter were lost; that several sorts of goods were found in both their apartments, which were not yet own'd; that the reverend mr. Cornthwaite's house was robb'd the 15th of last September, but they could not guess who did it." He made particular answers to these several charges, and said, that he never went by the name of Thomas Robinson but once by accident, at the desire of the said Tho. Robinson , he gave a receipt in his name in Mr. Handfield; denied that he was privy to the robbery of old More or ever knew him, or that of mr. Harrison the Staymaker, who, he said, had been with him since his condemnation, and they knew nothing of each other. That he only lodged in Dan's house, and paid 1 s. a week, but Robin son was his old acquaintance, out of the county of Norfolk. Denies he ever was in any robbery with Dan, or ever heard such a charge a gainst himself before, as holding a knife to a man's breast. Denies he was at mrs. Nichols's auction; was asked the same question before justice Fielding, and denied it; and knows nothing of her pewter, heard nothing of any other goods found in his apartment, but what were left there by Dan, tied up in a hankerchief as before said. He was frequently reminded of his duty to confess his crimes, and give satisfaction to the injured parties, but he still persisted that he was never concerned in more thanone fact. Dreading the consequences of this obstinate denial of the robbery of old More for which he was cast, no pains were spared to make him sensible of his danger, he was told he could not be admitted to the holy communion, nor prepared for death, without a full and true confession of his guilt; and therefore was desired to examine his own heart deeply and seriously in private, and write down what he had to say. After a day or two he gave the following paper in his own hand writing: "Let every fat stand upon its own bottom. I trust in God, maker of heaven and earth, and all mankind: God forgives sins; but man cannot forgive them, man can forgive one another. I forgive all men as I do expect to be forgiven from my Father above; even them that did swear falsly and take away my life wrongfully. Let them look to it in the next world, my hope is in God. I shall find joy and comfort in the Lord Jesus Christ, and they sorrow; they must answer for what they have done, and so must I; this is all my care I have to do, to make my peace with my Lord Jesus Christ, in this little time that I have upon earth, this is what I must do for the care of my own soul, and it shall be my study to perform it to my little knowledge I have blessed by the Lord, to give me the gift of his grace, this is my care only. I was cast into prison for 5 s. and condemned falsly by false people." N. B. The spelling was as false as some of the assertions, but is corrected in the printing. With this I was so much dissatisfied and uneasy, that I could not administer the holy sacrament to him, which was therefore deferred for the present; and great pains were taken to shew him the reason and necessity of confession his crimes for the quiet of his own conscience, and obtaining of God's pardon; which was proved to him from scripture, the rules and directions of the church, and the sense of divines; but he affected rather to instruct his teacher, than to hearken and obey, and thus was I obliged to leave him, for the present. After the death warrant was come, it was hoped he would be more humble and open to confess, but he persisted in the same assertions; and declared also that he knew nothing of the robbery of mr. Cornthwait's house, and was never concerned with Dan in any other fact than that of mr. Griffith's house, that he forgave all men, as he hoped to be forgiven, and stove heartily to make his peace with God. About the same time John Guest and Thomas Smith , being each desired to reexamine themselves, and confess whatever crimes they could recollect, gave me the following farther confession. "We both acknowledge that we have been wicked and base sinners before God and man; we both acknowledge that our wickedness brought us to this untimely end, that we are come to in this world: and, we robbed a haberdesher's shop at Knight'sBridge , and committed several robberies about Fulham and Kensington , but we cannot remember the particulars, for it has been long since." Thus for Smith gave me in writing, which together with their serious, regular, and devout behaviour, in the duties of the chapel, shewed a deep sense of their guilt, and an humble earnest seeking for pardoning mercy and grace which, it is humbly hoped they both obtained; for they farther assured me, they were ready to give a satisfactory answer to any injured person, who enquired of them, whether they had robbed them or not. Agreeable hereto, being strictly examined apart, each of them declared he knew nothing of the breaking into and robbing of a gentleman's house in Gough's Square Fleetstreet, about which, a letter was sent me; and they added that they had committed no robbery within the city beside that of mr. Howes. Smith expressed his hope and belief that God had pardoned his manifold sins and wickedness, and will shew mercy to him; and that he endeavoured, as in duty bound, to make Guest sensible of all he read to him. He added, that their prosecutor had swore to more silver than they took; but perhaps they might have deceived one another. Robert Tilling was indicted, for that he on the 18th of February, about the hour of three in the night on the same day, the dwelling house of Samuel Lloyd , did break and enter, with intention, the goods, chattels, and money, of the said Samuel, to steal, take, and carry away. He was likewise charg'd with stealing and carrying away an iron key, a thirty-six (shilling piece of gold, a moidore, and ten guineas, the property of the said Samuel. He was likewise charg'd with breaking the said dwelling-house, with intention feloniously and wilfully, the said Samuel Lloyd to kill and murder. The prisoner pleaded guilty to that of the burglary and robbery, and spoke as follows. From my first being taken into custody, I intended to plead guilty; my lord, it has been reported since I have been taken up, that I was a methodist, and that several masters and mistresses had discharged such of their servants on my account. I beg leave to acquaint the honourable court, that it was not the doctrines that the methodists teach, that caused me to commit this robbery. I beg leave to trespass on your patience to speak a few words, as to the character of the young woman that I corresponded with. Notwithstanding my conduct in other respects, my behaviour to her was unexceptionable; I believe her to be a pious, godly, young woman, and hope on censures will be cast on her upon my account. I have no more to say, but to beg your lordship's prayers, and those of the jury. There were two other indictments against him for robberies on the highway. This robbery for which the first indictment was laid, considered in itself, is attended with so much domestic treachery, ingratitude, and abuse of the veil of sanctity, that it need not, as it cannot well be aggravated; nor is it to be wondered, if a great clamour was raised; sometimes, lest the compassionate and forgiving temper of his master should not prosecute him, on which occasion, several false surmises were propagated to the disadvantage of that worthy gentleman: sometimes because he was called and professed himself a methodist; therefore to wipe off the reproach from them, doubtless his life must be spared, and commuted for perpetual banishment. But the event has proved all these thoughts to be groundless, or ineffectual; and that in the course of law, and administration of justice, there is no more respect of persuasions, than of persons. And however great and aggravated his iniquity was, the candid observer of his after behaviour will perhaps find cause to hope that it is covered. He was committed to Newgate on or about Friday February the 29th, being the last day of sessions, charged with the robbery of mr. Lloyd his master (to whom he was coachman ) to the value of the sum not near so considerable as was really lost. His case was utterly unknown to me except from news-papers and rumours, till March 4, when he desired to be brought to the chapel to speak with me; he came with a heavy aspect and down cast eyes, said, "he was pierced to the very soul to think of the wounds he had given to religion; by professing it, and yet acting so contrary to it." Being ask'd what religion he profess'd, he answered, he was brought up to the established church, but used to be a hearer of mr. W - d, mr. J -s, mr. R - ne, and mr. M - n, for which purpose he went now and then to the Lock-Hospital; being farther ask'd if he ever went to the parish church, he answered that he did, occasionally, and heard his parish ministers. The next question was what tempted him to so horrid a crime as he was charged with, for that as he had good wages in wealthy families, where plenty surrounded him, it was to me very amazing what could seduce him to think of such a course of wickedness. He readily answered, that it was done in order to gain the consent of a beloved woman to marry him; that he courted her, but the would not hear of him without a better foundation than that of a servant. On this occasion some proper instruction and reproof was thrown in, relating to a distrust of the divine providence in either of the unhappy lovers, and a discontent or murmuring at their condition, in which many good and humble christians would think themselves highly favoured and blessed; he was then ask'd his age; he said about 23 years, and that his mistress was about the same. Take heed to your thoughts and purposes, young people, as well as to your ways. In order to win her favour, he told and gave out among his fellow servants, that he was worth 60 l. (some say he then mentioned 120 l.) which he had saved in services, he had been in for 10 years past. But this being a lie, he was farther given up to the tempter, and first took the highway in order to make up that sum, intending then to buy a coach and horses and be married. He declared, that the first fact he committed was a robbery of two guineas from a gentleman in a post chaise at Islington , about the latter end of December or beginning of January last. During this conversation, he appeared in deep sorrow and great agony; owned he had sinned against great light, and conviction: that he had struggled hard with the temptation and to help him to conquer it had come on purpose to Newgate, to take a view of it, and even went to the gallows to raise horrors in his mind against the crime; but the beloved object was so strongly presented to him, that it got the better of all the horrors of a goal, and the place of execution. On another occasion, he said he attended for the same reason to see the last men (before his committal) go out to execution, but neither did that effectually move him or change his heart. For, alas! there was nothing of the fear of God, or the power of his preventing grace in all these outward terrors. March 5, Tilling being at prayers in the chapel, was sent for to be examined before the right honourable the lord mayor; he is said to have confessed, that the two robberies he committed on the highway were, on a horse and with a pistol of his masters; the latter he took out of a holster which hung in a closet, and was the same he had, when he robbed his master. The pistol, he said, was not loaded in any of these facts; that these three robberies were all he ever committed or intended to commit. It came out too that he had broke open the desk, and took the money out of a bowl dish, in his masters counting-house; that he therein saw a bank bill and notes amounting to a large sum, but did touch them left they should discover him; that after this he went up to his master's bedchamber, and waked him (with all those circumstances of disguise, threats and terror which attended this horrid deed.) The reason he assign'd was, that he imagined his master had more cash in the house, which he thought to get at, by means of his key, which he obliged him to deliver, after he had taken the pocket money, from under his head, and cash from his desk before he was awaked. At this examination, two request were made by him, or in his behalf, neither of which were absolutely refused or denied; but he was rather dissuaded, with great reason, good sense, and humanity by the chief magistrate, as highly improper, as they might prove to his own disadvantage, and the disgrace of others if granted: tho' in consequence and effect, an indulgence in the chief request was assumed, and a connivance freely permitted, as far as could be desired, even to the prisoner's manifest detriment in some respects. The first request was, that mr. W - y of some of the gentlemen, whose preaching he had admired and followed, might attend him in the prison; and the second, that his beloved mistress might visit him at pleafure. There being, perhaps, the two idols of his heart, was it not high time to begin to dethrone them? The latter therefore being prudently restrained to one or two visits, his inordinate passion was in time subdued. And as to the former, since the prisoner profess'd himself of the national community, and was then by way of reproach bendied from churchman to methodist, and from methodist to churchman, and so left at our door; and since a clergyman chosen to that office by the city magistracy, to which he is amenable, was bound in duty to attend him, what lawful or right reason can be assigned, why he should be superseded and overlooked in his office by other gentlemen professing to be of the same communion, yet independent of the magistracy, and unconnected with the minister in his office? Notwithstanding all this, and many other assignable reason against it, a very angry paper was printed and dispersed in consequence of this supposed refusal, dated March 7, 1760, directed, To whomsoever it may concern. Of which it is hoped the writers, publishers, and dispersers, are by this time convince, that it is written in the warm, and dividing sprit of party and faction, with too little regard either to truth or self consistency, not even to decency, and the honour due to our superiors, much less with that sacred respect to that found branch of Catholic and National Church, of which the supposed authors profess themselves, and would be deemed most faithful ministers. But to return to our prisoner; with regard to him, is there not a certain infelicity in halting between two opinions? it seems not to be the way, to attain either the character and reputation of sincerity with others; or a true, firm, and lasting peace of mind in ourselves. Being daily visited, and his state of mind enquired into, he complained heavily of hardness of heart, and that he did not sleep well; in remedy of which he was encouraged to go on in the use of good means, constant fervent prayer, hearing, reading, &c. he said he did not much depend on Creature Helps. He was right, not to rest in them, but was told, there is a blessing promised to the use of appointed and regular means; warned not to prescribe to God, nor be impatient, that he is not yet more broken into contrition. But to persist and wait with patience in the due use of means, till it pleased God to work in him a true repentance. He replied, Satan tempted him to distrust, and that it is vain to pray. Knowing this to be a suggestion of the tempter, he must of course resist and reject it. To assist, direct and support the prisoners, the scriptures of teh day were often ex plained and applied to them, particularly about this time March 7. In order to prepare them to be partakers in the merits of Christ's sufferings, and after his divine example to endure their own, which they so justly deserved with patience, St. luke, Ch. 18. v. 31, - 34. was opened and applied to them, 'tis hoped to their improvement. Opportunities were also taken to set before them, the blessings of obedience, and the curses of disobedience, enforced by what they now felt and experienced; and to shew them to perfect agreement and harmony of the law and the gospel in this respect. The duty and benefit also of unity, peace, and concord, were frequently recommended to this and all the prisoners, Nor is there reason to believe that any minister, who visited him, gave him any other turn, or prejudice against these duties. But we cannot say the same of certain presumptuous, self-willed, and ignorant intruders, who ran before they are sent, and take upon them to be teachers and guides, without either competent knowledge or authority. He was one day asked if he had been confirmed, or instructed in order to confirmation? and having answered in the negative, Short instructions for confirmation, were put into his hands, which he told me, he read over and they were bless'd to him, especially and supplement, explaining the true meaning of Regeneration, the new Birth, Justification, Sanctification, Works, Faith; and he earnestly wished he had embraced the opportunity of being confirmed, when at liberty. On another occasion he told me, that he now thought he could never humble himself enough, that he would gladly lay himself down in the dust, and if possible go to the place of execution with his belly to the ground: and that he was resolved to plead guilty at his trial. He farther owned, that he now believed he had been under a delusive spirit; said he was now heavily oppressed, and sunk with sorrow, by hearing that the news of his trouble, had reached his father and mother in Wiltshire. That it had such an effect on them, that they had not been to bed for several nights, nor spoke to any one for some days. Mean time he was visited by mr. W. who prayed with, directed, and comforted him. About March 27, a small tract entitled An earnest address to the People call'd Methodists, was put into his hands, after reading of which, he said he believed it to be good and found doctrine. About this time it was told me, that he had lived as coachman about two years, with capt. H - d and lady P - ce, at Hoxton, and then used to hear mr. W - y, as the family did, with which he lived; that he then went to live with squire L - d, and behaved so well, that he was much valued by his master, and when it was discovered, that this was the person who waked him, armed with a pistol and a large knife, it so surprized and distrubed him, that he did not easily or soon recover it. Tilling continued regular and devout in attending divine service; and being ask'd, if he had a book preparative to the holy communion, said he had not; however on looking into his books, mr. W - y's hymns were found, with instruction out of Thomas a'Kempis and Dr. Brevint for the communion. Being taxed why he denied this, he said he did not know such instructions were there; yet they seemed soiled and often used by some hand. He farther said mr. W - y had not been to visit him; but own'd mr. W. had not only visited him here, but asked him some questions on the fatal subject at mr. B - n's his sweet heart's master, before he was apprehended, and also that mr. W - y and mr. R - ne, had talk'd to him on the same, at the request of mr. L - d. It was urged to him then you were aware your crimes were know, while you were yet at liberty on escape; he owned he knew it three days before his committal, but had not power or resolution to fly and quit the beloved object, for whose fake he was drawn into these facts: he added, that he had thoughts of going to sea, in order to avoid her company and escape the temptation, while he was struggling with it; sometimes he thought to unbosom his temptations to a friend, by which the snare might be broken, but fatally he could not resolve on either till taken in the net. However, he now bless'd God that he was freed by being exercised under his present afflictions, from any undue love for that preson, more than for any other christian; he farther owned this had been a blest prison to him, that he found freedom in his soul, such as the world cannot give, nor take from him. That the word of God was blessed to him in hearing it read, and explained to him; that he prayed for this blessing both before he went to chapel, and after his return from it, and God had graciously heard him; he added that mr. W. in his visits, which were but short, prayed for the same blessing on the means, and said he hoped he improved by them, to which Tilling answered he did. Thus he went on till April 23, at night it was told me the death warrant was come, and all the four convicts included in it. Next morning going in to prayers, it was told me by one of the keepers, that mr. W. and one or two more were with Tilling, that he would not go to chapel this day, being forbid by one of those with him; upon which a messenger went into his apartment from me, desiring particularly that none might hinder him from coming to chapel; he came and attended with seeming resolution and composure, as the other three prisoners also did, without appearing dejected more than usual. Being questioned who left the message for me that he should not go to chapel, he answered it was one O - n, a rope maker, who often came to visit and pray with him; for whom he made an apology, and and said it was a mistake, and done without his own knowledge or consent. The proper psalms chosen for this morning service, were the 25, 51, and 88. and the lessons, Job 7, and Acts 21. Some portions of each being explained and applied to them. After which the exhortation to the holy sacrament, with prayers, &c. for preparation were used. Tilling was then spoke to about giving an account of his crimes, by way of satisfaction to the public, &c. he answered he should leave an account of his life in writing to a friend; he was then reminded with decency, not to be ungrateful and improper in this last scene of his life; but instead of complying, he began to make an excuse or subterfuge, by saying that the sudden and unexpected coming of the death warrant, would prevent his writing so much as he intended, but he would conceal no crime, and promised he would let me see what he wrote; to which he was answered, that I depended on the performance, of his promise. April 25, Friday morning, they were again visited, prayed with, and instructed with proper preparatives for their dreadful change; and in the afternoon, they were again visited for two hours, by a worthy divine, whose piety and charity, learning and found judgment, none would doubt of, were I at liberty to name him. His assistance was earnestly desired, and as kindly granted, on account of some difficulties and scruples I laboured under, about bringing two of them to a confession of their crimes, viz. Tilling as to robbing the mail, and Beckwith as to the robbery of Old More, for which he was cast; but neither of them could be persuaded to confess, though each of them denied these several crimes so evasively, saintly, and uncertainly, whenever urged to a confession, that there is reason to apprehend they were both guilty, in which opinion I am not singular. It is truly matter of horror and anguish to one who earnestly wisheth the salvation of sinners, and endeavours to promote it, when any cause of doubt remains about this last decisive point for eternity; since our best judgment of charity, and hopes of the divine mercy must be formed consistent with his tremendous justice, and his unerring word, "one jot or tittle of which cannot fail. Till heaven and earth pass; S. Matt. v. 18. and we know he hath said, He that covereth his sins, shall not proper: But whoso confesseth, and forsaketh them, shall have mercy." Prov. xxviii. 13. Besides other declarations to the same purpose, without number. My anxiety therefore on this important article, will be excused and favourably understood by his friends, who were apparently most zealous, among whom he had none who wished better to his soul's health and everlasting welfare; none that took more pains with and for him, or more ardently desired that hope and confidence might be well grounded, 'as an anchor of the soul, both sure and steadfast, entering into that within the vail;' which he expressed in a letter wrote, as appears by the date, the very night the death warrant came, in the following terms. Dear SIR, Apr.23, 1760. I Reoyce that I can tell you with gladness of heart, that the welcom more than welcom message is come, and my passport is find for my father's kindum and glory which reast I shall inherit on Mundy next reoyce o my soul and be exceed glad: beleeve and all things shall be well stand still and see his salvation of the Lord I am in heart your souls eternel well wisher till death. R.TILLING. To mr. Outen,Present. THERE was occasion to observe in the few words prefixt to his last exhortation and prayer already addressed to the publick. That "The editor did not take upon him to justify every expression in them, much less those which appear'd to favour of a considence unbecoming the humility and modesty of a condemn'd malefactor." While there is such a thing as 'speaking peace, where there is no peace, and daubing with untempered mortar,' when it is remember'd that the language of a suffering redeemer, when he bare out sins, was far more humble than this of the guilty sinner for whom he died. 'My God my God, 'why hast thou forsaken me, &c. and speaking in the person of the sinner, he said, 'my sins have taken such hold upon me, that I am not able to look up: yea there are more in number than the hairs of my head, and my heart hath failed me. But Lord let it be thy good pleasure to deliver me, make haste O Lord to help me. Thy rebuke hath broken my heart. I am Full of heaviness' Would not such language have better become that 'Sacrifice of a broken spirit,' that sacrifice 'of a broken and a contrite heart, which God hath promised not to despise? For the Lord heareth the poor, and despiseth not his prisoners. when it is consider'd, that the person to whom he directed this letter, and seems to have chosen for his spiritual guide and confidant, in preference to any minister, is not the most enlightened guide, nor skilful casuist, nor the deepest discerner of spirits; that he was the very person who would have withheld and withdrawn him from the duties and ordinances of the chapel, which Tilling himself declared had been bless'd to him, and profess'd his resolution to continue in them to the last: all this considered, there may perhaps be some reason to apprehend, that these exalted hopes and confidence therein outwardly expressed, were not inwardly so deep rooted, nor indeed so becoming him, in those circumstance, as his best friends could with. Had this letter appeared to me before his death, I should have had some closer conversation with him, and said more to himself, upon it. But let the survivors remember, that "God resisteth the proud, and giveth grace to the humble. 1 Pet. v. 5. O cleanse thou me from my sacret faults: keep back thy servant also from presamptuous sins." Ps. xix. v. 12, 13. But instead of giving his regular pastors the comfort of a free and fair opportunity to know his sentiments, and to instruct and direct him, he seemed to avoid our conversation, appearing alienated, distant and different towards us, especially the two last days, difficult to be brought even to join in the ordinances; and on the last sunday he would not be persuaded to appear in the chapel on any account. He was however indulged with a place in a closet, where he could hear. But whatever questions were proposed to him concerning the secret crime he was suspected of, he studiously evaded, by referring us to an account he should leave in writing, to be delivered to me after his death, this when open'd contain'd as followeth. Sir, I Wose born in the parish of Ashton Keoynes in the county of Wilts of honest parents who acording to their abiliteys gave me a tolabral eadecation and wose corfull to instruct me in my duty towards god and my neighbour I wose brougth up a member of the church of England which from my youth I wose corfull to atend to and payd my constant worship there till within these few years I went in and out amongst the of people called methadis but wose neever joynd to any one of their sociatey should the queastion be askd why I atended those peoples praching I answer because I believd they prachd the peure gospel of Jesus Christ which I confess I wose a stranger to before not with standing I thought myself a a cristen and membre of the church of England by baptisom and beeing admited to pertak of all her gracious meanes and benefits set forth and contained therein for the common salvation of man but how to atain the end I knew not, aney more than by a tendence upon them which I found by to to sadd expeariance that wose a covering to short and narrow for my nakd soul to stand befor gods bar in: and that I must cast away this patchd garment and com naked to Christ: no dutys no prayrs no tears no heart relenting frames no good deeds I had don would render me axeptable in the fight of god: no not all this rich treasure deare and valuable as it is to the formdlass professor of christenity to will not purchess the seamlas robe of Christ rightoutness there is but that one presous juell faith that will pass and that we have not. It is the free gift of god by which alone faith we are saved in Jeasus Christ and then all our good works I before namd are axcepted as they flow from an other principle nemly love and obeadence to the commands of him who have loved us and given his life a sacrifise for us &c sir I dropt this short hint if after I am dead you should make publick my crimes, as I hope you will not, unleass from this motive, to shew forth the riches of god free grace in Christ Jeasus, in plucking my fould as a brand out of the sier, who am cheese of siners, and vile of the vile of the fallen race of Adam, but I have obtain'd spashal mercy from the hands of a long suffring god by faith alone in Jesus Christ: I am saved, this is my foundation I have built on for my futer happeyness, and other foundation can no man lay; but I now proceed to give you sum short acount of my life. My natural temper wose sulkiness, but seldem or eaver bore malice, or hould anger a moment. I wose of a very forgiveing temper, and loveing in heart, though my outward behaviour sealdom adored gods goodness to me in those graces which often caused me to be thought I beare malice, which wose the former bad sprit which I could not deliver myself from. As soon as I wose able I went to searvis, and was well beloved in most places I lived in. I delighted in doing my business well, but wose not of a blidging temper, because too much of the former sprit lurk'd in me. I wose honest in all I had committed to my trust, and my principles were eaver contrary to the comiting the actions I now sacrifised my life for; I laboured under more horrors than can be expressed in comiting them, but my affections and passons, and love for Mrs. -wose so strong, the being a little reserved at times, which used to distress my mind in such maner, that I was quite unsensable at times what I did, as she wose the first I eaver mad offer of marige to. The rest of my facts I commited I made known to my lord major, only I wose never concerned with any man in wrong or robry in all my life, and that at Islington wose and first, which wose the latter end of December, or the beginen of Jeanry 1760. P. S. I should a been more particular in opening eavery point of my life, but that the death warrant come sooner than what I expected, which alone prevented, &c. &c. As I cannot rightly understand this, nor reconcile it with his repeated professions to me, that he was, and continued to be a member of the church of England, that the ordinances thereof, even in the prison, were blessed to him; that is, as I must understand him, were blessed to the great end for which they were ordained, the peace and salvation of his soul; and as he continued partaking of them (though at last with some interruption and reluctance) to the day of his death, I must leave it to those who can, to reconcile the words and sentiments in this letter with these declarations and conduct. In this letter he seemed determined to quarrell with his mother church: But whether the fault lay in himself or the church he doth not seem to make out so clear. And in vindication of our common spiritual mother led St. Paul be heard, 2 Cor. 4. iii, iv. - If our gospel be hid, it is hid to them that are lost. In whom the God of this world hath blinded the minds of them that believe not, lest the light of the glorious gospel of Christ, who is the image of God, should shine unto them. I could never learn, that the people whose preaching he says he attended, in preference to it, have found out any other gospel, than that which is daily read, explained, and preached in our church. But this I refer at present to the managers of this unlucky and most disagreable controversy. As to what he says, that "he was never joined to any of their societies," he declared to me, that "he had communicated with them;" which I understood was, "to be joined with them:" But he also declared that he was never confirmed by the bishop; and therefore probably never was instructed and prepared for it, nor received the holy communion in the church till the last day of his life; nor till then did he ever feel the divine power and influence of the christian religion as dispensed therein: And therefore if there must be a distinction between a churchman and a methodist (which may the peace of God put an end to) he was by his own account rather a methodist. 'Tis well known the discovery of Tilling's robbery of his master, which brought out the other two, was traced out by two hand bills, dropt in his master's counting house, of the shop where he had bought the sticking plaister for a mask; that particular providence which protects the good and detects the wicked, made these the means of detection him, by the sagacity of a worthy magistrate and his master. His first confession was drawn from him by some serious friends of Mr. L - d, to whom he told where he had buried the money; and there it was found, wrapped in a handkerchief, and restored to the owner. This much he was content to do, and resolved to plead guilty, till he began to waver, when he came to be tutored by some fellow prisoners and casuists in Newgate ; and then it was reported to his master that he had imbibed the unwholesome doctrines of that place; that as he must suffer for his crime it was a sufficient satisfaction, and he was a fool for making any restitution. But with all due respect to the standing maxims of Newgate, this is a degree of repentance below that of the traitor Judas, who before he hanged himself, slung down the thirty pieces for which he had betrayed his master. But Tilling's persisting in his first and best resolution, to plead guilty, and make some restitution, proves that he got the better of this capital temptation. He was not equally guarded against some lesser indiscretions, into which he might be misled by some frequent visitors of his own class: By one of whom he sent a letter to his master claiming his box and papers in an indecent stile. These, it seems had been seized, and partly examined by the chief magistrate, and then referred to his master for further examination, he thereforejudged he could not property re-deliver them to the prisoner, without an order from the authority who intrused him with it, considering farther the improper manner and terms in which it was demanded. For this Tilling's messenger is said to have insulted the worthy gentleman in a very indecent and insolent manner. The design of searching his papers and letters, was to try if the robbery of the mail could be discovered by them: but there were only found some idle love-letters, fitter to be suppressed than offend the eye of the publick. He was often warn'd against the intruding officiousness of one or two ignorant busy people, who were justly thought to be of no service to him, either in his spiritual or temporal interest, alienating his affections and duty from persons most capable and desirous to assist him in both. His kind and forgiving master, declared he would not let him want; and had he been a frugal manager of what he had in his own possession, or power, when committed to Newgate , it would have been a full support for him 'till the time of his decease, being near 30 l. for the space of 9 or 10 weeks; and yet one of these intruders, pretends to be twelve guineas out of pocket by visiting him, and supplying his necessities, and on this pretence, is making a collection. The appearance for and against his having robbed the mail stand thus. The post boy's description of the horse, the saddle, and the person, and his dress, answer to him; together with the place where the bag was found, between his stables and the tabernacle; the main argument against it is taken from his seeing a bank note in his master's desk, and leaving it lest it should detect him; besides his denying that he had any accomplice, makes it appear more improbable. However it appears to be the opinion of the post-officers from their ceasing to advertise since he was apprehended, that he was the robber of the mail. He confessed the robbery of mr. H - d, and mr. G - d, which was in January last, in the evening on Blackheath , opposite to sir Gregory Page's; from the former he took nine guineas and a half and his watch, though Tilling owned but two guineas and half, and from the latter his money and watch; he was mounted on a chestnut, horse, bald-faced, stopped the one horse chaise, and bid them deliver, he added, No trifling, gentlemen; for that he was in distress, having a wife and several children; he held a long pistol toward them, but his hand trembled so, that the gentlemen apprehended it would go off; the gentleman could not immedi ately stop his chaise horse, being hot and unmanaged, till he desired Tilling to keep at a little distance. These gentlemen had their watches restored to them in court, the day he received sentence; at which time it was observed, he trembled very much. Being asked what he had to say, why sentence of death should not be past upon him, he said, "I recommend myself to the mercy of God and this court, and acknowledge my crime is grievous, both in the fight of God and man, for which I willingly give my life a sacrifice to the Lord. I am willing to receive the sentence due to my crimes, and hope the young people in this court will take warning by me, in seeing the dreadful consequence and effects of telling a lye. I desire the prayers of this honourable court." This lye has been before explained to be the telling his beloved, and fellow servants, he was worth a certain sum, which he was not; and then taking these bad courses to make it appear true. His behaviour in other respects was devout, regular, and exemplary. On the Morning of EXECUTION. BETWEEN five and six, some loud knocking was heard at my door, which on looking out, I found to be two or three gentlemen, who wanted to see Tilling. At his own earnest request, they were admitted to him about six, and spend near an hour in the prison. One of the gentlemen, (to the honour of his tender compassion and forgiving sprit, be it mention'd) was so nearly touched and so much overcome by the sight of the criminal, that he could scarce be supported, had thought to have stayed and attended prayers with the convicts, but could not bear it. Going in a little before seven, the four prisoners were found on their knees in the hall at prayer. But on notice given them, they quickly went up with me to the chapel, join'd in the morning prayer, proper psalms, viz. Ps. xxii, 40, 54. and heard a lesson out of St. John's gospel, ch. 19. all which were briefly explained and applied to the convicts. They also joined in the litany, the communion service, and receiving of the holy sacrament; it is hoped to the increase of their faith, patience, and consolation, as each of them declared and testified: one of them, particularly Thomas Smith , said very calmly, that he was quite easy and resigned, and felt light in his heart, and what is very remarkable, that "he longed earnestly for the hour of his departure, more than he had ever desired any thing in his life." Not one of these three had shewn or expressed any anxiety about a respite for some time before their day, but especially not since the appearance of the death warrant. But I cannot say the same of the fourth, viz. Tilling, for it is known that great interest was made with the greatest personages to save his life; by presenting of petitions to his majesty to the last, for the event of which, he the prisoner was far from being unconcerned and unmoved, which gave him the appearance of less composure, calmness, patience and resignation, than was observable in the three other prisoners. The administration being ended with an earnest and affectionate word of exhortation, they went down, had their irons knocked off, were tied with cords, and put into the carts, Robert Tilling and Beckwith in the first, and Smith and Guest in the second cart, about nine; and it was some time after ten, before they were brought to the place of execution, where being tied up, they were prayed with, &c. about the space of half an hour, and also questioned again if what they had before declared to me concerning their crimes, was the truth? each answered it was. Whether they had any thing to add, they answered, no. Robert Tilling being reminded of his promise to deliver me an account of himself and his crimes in writing, told me there was a letter in his pocket directed to me, and I might take it, which I did, and to prevent any imputation of misrepresenting, have before given in his own words. When I had left them, Robert Tilling spoke, and then prayed in the hearing of the people with a loud voice for about twenty minutes, in the words following. BEloved friends! O! now look and learn by one who has forgot his God. Temptations prevailed over me; I have fallen by my iniquities, and transgressed the law of my Maker. But thanks be to God for his unspeakable gift! O! that you would attend to one who is now within a hand's breadth of death. My dear brethre, I could weep over you with a stood of tears, as our Lord wept over Jerusalem, "Turn ye, turn ye, why will ye die, O house of Israel!" I with from my soul that you knew the day of your visitation, for the grand enemy is like a roaring lion, going about seeking every opportunity to devour. There is forgiveness with God, that he may be feared. There is forgiveness for me, one of the chief of sinners. O! the riches of grace, that ever I should be a partaker of that special mercy from a forgiving God: that I should share in that love from before the foundation of the world. The Lord Jesus Christ loves poor sinners: he was contented to take upon him our human nature, in order to go through a life of sorrow and sufferings, that we might have life in him. Behold how he loved you, when you were at your cards and dice. When corruption prevailed, and you followed the evil imaginations of your own hearts, has he not said to some here, when wallowing in their blood - live! Cannot some say, behold how he loved me! how he bare my transgressions and sins! When I hardened my neck against him, then the compassionate Redeemer had mercy on me; the dear Imanuel died that ignominious death, the just for the unjust, that he might bring us to God. May we not say with great propriety, behold how he loved us! Here is consolation for the worst of sinners: the Lord Jesus Christ will not neglect the work of his hands. Where he has set his image he will never depart. This ought to be matter of consolation to backsliding sinners in their return to God. Let them return unto the Lord, and he will have mercy, for he will abundantly pardon; he is a God pardoning iniquity, transgressions and sins; may each of us usher in this with a note of attention. Behold how Christ has loved us! When the Blessed Jesus saw us going down to the pit, Father, said he, deliver them. I have found a ransom for your souls; God has taken us out of the hands of him who let us captives all our lives. I would not advise you to take the steps I have taken, but flee ye to the blessed Jesus in prayer and supplication; I do not invite you to come to Tyburn, not that I would recall my visitation; no, I thank God for this my affliction, he has chosen me in the furnace of afflictions, whereby I humbly hope he has refined me, and now my beloved, the will of the Lord be done. Now he is about removing me from among the children of men here, I shall be lifted up unto the everlasting hills, where I shall be freed from sin and sorrow. No corruption, no unbelief, shall trouble me more there, where the wicked shall cease from troubling, and the weary are at rest. May this be the happy lot of every soul here, I pray God Almighty to grant. The Lord keep you young people; the Lord have mercy on your souls, and save you from temptation; keep you in an hour of temptation. Pray you servants love and obey your masters; be diligent in your business, and not idle, and be servent in spirit, serving the Lord. If you work for Christ you shall have a good reward; for when he comes his reward is with him, and his work is before him. Oh! consider this, the Lord Jesus Christ shall come in the clouds, and every eye shall see him, and they also which pierced him, and all kindreds of the earth shall wail because of him; then shall this my vile corruptible body be raised, and transformed into the likeness of his glorious body. Oh! my dear brethren, the Lord Jesus Christ grant you may never follow my steps; the Lord deliver you from in-dwelling lusts, that was against the soul, from corruptions, and from self above all others; Oh! may the Blessed Jesus keep you to the end of your lives. Pray that the Lord would learn you a lesson of instruction from the last Words of a dying mortal; happy will it be with you, if your hearts are listed up to Christ in your dying day. My dear fellow-sufferers you are going out of a world of sorrow and sin, out of a howling wilderness, full of pits and snares; here is nothing but trouble here. The Lord suffers his children here, whom he loveth, to be exercised, and to fall into many difficulties, which he will manage in mercy to their souls; now you have an instance of his everlasting love, whom he loves, he loves to the end. Wherever his love is fixed he will surely bring that soul to glory. If they backslide from him; if one judgment will not reclaim them, he will send another; he will purge them that he may bring them forth bearing fruit. Oh! that the blessed Jesus may send a word of conviction to your hearts, that it may bring forth fruits to everlasting life. God grant this may be a word of use to your souls, that we together may join in praises to the Lamb for ever and ever, Amen. Now my dear brethren join in prayer to God with me: The last Prayer. O Most merciful Father, we by dreadful, and sorrowful experience find, that the wages of sin in death, but we thank thee for that thou hast given good hopes through the grace of our Lord Jesus Christ, that where sin has abounded unto death, grace has reigned through righteousness unto eternal Life. Wilt thou in mercy give us a fresh application of the blood of Christ to cleanse our souls from sin. Oh! that the precious Lamb, slain from the foundation of the world, would manifest of his pardoning love to our fouls, and not let the fun go down in wrath upon us. Most merciful Father, we have all sinned against thee; we have all turned into crooked paths; we have rejucted thy counsel; we have despised the ordinances of the gospel; we have hardened our necks against thee; we have declared by our practice we would not have Christ to reign over us. Oh! look upon the face of thine anointed, and look upon us poor miserable, wretched, and undone sinners in him. Most gracious Father, if it is thy will, may the dear Lord Jesus be precious to our souls. May we see and know him to altogether lovely, and to our souls the chiefest among ten thousands. O Father of mercies, thou that exercised thy power in converting the thief upon the cross, look upon us thy unworthy creatures. O blessed Jesus remember us now in thy kingdom. Oh! let our prayers and our praises come up before thee; oh! leave us not, nor forsake us in our last moments; oh! list up the light of thy countenance upon us, bless us, and cause thy face to shine upon us, that as the glorious sun is now enlightening the earth; oh! may the precious Son of righteousness arise with healing under his wings, break forth into our souls, and enlighten our hearts, and give us joy and peace in believing. Oh! blessed Father of Spirits, accept of praises for thy goodness to us, and grant that our never-dying souls may come up before thee, to praise thy name. Lord hasten the day; cut short thy work in righteousness; make us partakers of thy eleventhy-hour mercies. Grant, dearest Father, that when our souls leave this earth we may be received into thy kingdom, and made pillars in thy temple, to go no more out. Lord forgive our prosecutors, and grant thy love may stream through all the veins of their hearts. We entreat all in the name, and for the sake, of our blessed Lord Jesus Christ (into whose hands we commit our souls and frail bodies.) To him be glory and praise though an endless eternity. Amen. Before Tilling said this exhortation and prayer, they had been earnestly recommended to the mercy of God; and after a hearty farewell taken of them, the cart being withdrawn, they were consigned to eternity. This is all the Account given by me, STEPHEN ROE , Ordinary of Newgate .

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A True ACCOUNT of the BEHAVIOUR, CONFESSION, AND Last Dying SPEECHES Of the Four Criminals that were Executed Together with the PAPER Writ by Captain HARRISON's own Hand, and Delivered to a Minister at the place of Execution. On Friday the 15th of April, 1692. THE Ordinary Visited the Condemned Criminals every Day, and other Ministers till their Execution. On the Lord's-Day in the Forenoon, a Sermon was Preacht from the Ninth Psalm, and the 12th Verse, When the Lord makes Inquisition for Blood, he remembers them. Hence five Particulars were insisted on. First, The several sorts and degrees of Murther. Secondly, The heinous Circumstances and Aggravations of that Sin. Thirdly, The sad Consequents and Effects of it. Fourthly, How the Guilt and Defilement of Blood-shedding may be Expiated, and the Pardon of it obtained. Fifthly, Directions how to prevent the committing of so great and crying a Sin: With Advice to the Condemned. On the Lord's-Day in the Afternoon, a Sermon was Preach'd from the 26th Chapter of the Acts of the Apostle., and the 10th verse, To turn them from Darkness to Light, and from the power of Satan unto God. In treating on which words, several general Heads were unfolded. 1st. Spiritual Darkness, includes a State of Sin and Ignorance of Christ in his Redemptory Offices, as the Day-Star of Righteousness, to chase away the mists and Hellish Darkness, in the Love of Lusts, and Contempt of the Power of Godliness. 2dly, The misery and sinfulness of Spiritual Blindness. 3dly, The means of Curing Spiritual Blindness, and the Duties of such who are savingly Illuminated by Christ's Spirit. The Second Efficacy of the Gospel, consists in turning Sinners from the power of Satan's Bondage unto God. In treating of which, were shown these Heads. 1st. The misery of being in Satan's Bondage. 2dly, Signs of being set free from it. 3dly, Proofs of true Conversion unto God. 4ly, If yet, you are estranged from him, Directions how you may turn to him with your whole Heart. 5ly, From both parts of the Text the Conclusion was thus directed to the Condemned. How sad is this, That the stroke of Death is ready to be Inflicted on you, and yet, that few, if any Remarks of Converting Grace are found upon your Hearts! Have you not presumed, that your want of knowledge in Divine Concernments, shall plead an excuse of your Prophaneness? Ignorance of the mind of God, and their Duty is rather the strongest linck in the Devil's Chain of Darkness, whereby he hath bound you, in the stupid Love of your Lusts. Hence it is, that you cannot discern the worth of Christ, nor your own want of him. The very first work, in the forming of the New Creature, is to bear the true knowledge of God in Christ into the Soul. This will discover the defiling Intrigues of Sin: It will make you Vile in your own account, as acknowledging this to be a Miracle of Mercy, that Divine Justice doth not frown you into Hell. What an Hell of Darkness have you created in your Hearts! This hath made Satan to rule in you, as his proper Province. Yet how profoundly have you slept in your Security! The Prince of Darkness hath so inchanted you, that by Ignorance he hath betrayed you, to your Ruin. Is it not high time for you, to awake out of your pleasing Dreams of future Happiness, tho' Satan hath bound you fast under his Dominion Would you find Christ to be your Redeemer, then Cancel your Indentures to Satan, and set the Seal of your Obedience to the Laws of Holiness? Think not that some slight Reformation is through Conversion unto God. This subdues the Pride of Mens Hearts that they trust not in a Pharisaical-Self-Righteousness. It silences all Disputes against the strictness of Gospel Commands: It roots out all Prejudices against the Power of Godliness. Neither distrust the faithfulness of God's Promises, to Redeem you from Satan's Bondage, if you be sincerely resolved to return unto the Lord. He is able to subdue the Tyranny of Satan, and the Love of your Lusts. Can you think so meanly of the Lord, that he will not promote his own Kingdom and Interest in your hearts, if you be sincerely willing to resign them, in Obedience to his Sacred Laws. This was his great design from Eternity, and shall be assuredly fulfilled, for the Exaltation of his own Honour and Glory. O therefore strive to be partakers of the Divine Nature. If you be delivered from the power of Satan you will be Renewed and Establish'd by Christ's free Spirit, to run the Paths of God's Commandments, and will be prepar'd to every good work with a Zealous Joyfulness, I proceed to give an Account of the Behaviour and Confessions of the Condemned Criminals. I. Henry Harrison found guilty of the wilful barbarous Murther of Doctor Clench. He was bred up a Lawyers Clerk , afterwards he Listed himself to be a Trooper in the Lord Dartsmoth's Regiment. Upon the 10th of January last he offered to discourse with me upon the cause of his Commitment. I desired, that whatever he said, he would do it, as in the presence of the heart-searching God, and as if he were at the point of Death. He did profess he would do so; he said, That he had been Arraigned before for Murther, but it was only found Man-slaughter. That he did not after this walk so Circumspectly, as he ought, but was guilty of prophaning the Sabbath, and many gross Sins, which he lived in very securely. But that God by this distress had awakened him to call to mind those great sins which he had committed, saying, that God had strange ways to bring Sinners to Repentance. Upon this, I advised him, sincerely to Justifie God, as Righteous, in finding him out in his Iniquities. Or else Death would be more terrible, and his Eternal State very hazardous, if he now trifled with God, and did not ingeniously Confess his sinful course of Life. Hereupon he spoke very vilely of himself, as having been of a dissolute Life; that he seldom minded the Publick Worship of God, nor the private Duties of Religion. That he was a common Swearer in ordinary Discourse, and guilty of Notorious Sins, That he never received the Sacrament of the Lord's Supper, because it is an Obligation to amend an Evil Life, which being accustomed unto, he forbore the Sacrament, that he might not aggravate his Sins, and future Condemnation. I told him, That his being unwilling to come under such a Sacred Tie of Reformation exposed him deeper into Satan's Snares of Temptation. After this, he freely acknowledged, That he had some Acquaintance with Doctor Clench. and too much Familiarity with the Woman, to whom the Doctor lent Money; and that upon his not liking of the Security given for the Repayment, the Doctor would not forbear any longer; Harrison said, this did fret him, yet he used no threatning words, and said, That if his Son had been accessary to so barbarous a Murther, and himself knew it, he would discover him. Harrison made frequent Appeals to God, that he knew nothing of this Crime, in Thought, Word, nor Deed. I reply'd, That if he made any false Appeals to God, it would very much hazard his Salvation; yea, that this would bring swifter Destruction upon him, and that his persisting to deny the Murther, would make him to be less Credited, because two persons who lately Murthered their Wives, imprecated themselves, if they knew any thing of it, and yet after an hours denying of it at the place of Execution, confest it at last. I told Mr. Harrison, that he would be an inveterate Atheist, if he should dare to dye with an execrable Lye in his Mouth. He said after all Advice, that he would at his Death deny, that he knew any thing of the Murther of Doctor Clench. He confest, that he could not reflect on the Justice of the Court, nor the Integrity of the Jury in their Verdict, who had proceeded according to what was deposed against him, and that he expected that the Sentence of Death would pass upon him, yet he blames the Witnesses for their being so positive in their Allegations against him, when, as himself is clear of Murther in his Conscience. He said, That God had justly suffered a shameful Death to befal him, because he lived so long in an Habituated Course of Viciousness, without any Remorse for it till now. This is all the Account I can give of Mr. Harrison, though I frequently with others sollicited him to an Ingenious and free Confession of the Crime, assuring him, That if he durst Dye in the denial of it, by any Mental Reservation, or Equivocation, he would meerly ruin his Soul Eternally. II. Winfred Willmot , Condemned for Murther. She was a Throwster , afterwards she went about the Streets to gather Rags . She kept lewd Company. She was addicted to filthy Language, and Carnaliy knew some unclean Persons, though she proved not with Child; she did drink Excessively, and Swear frequently; she was very ignorant in the Concernments of Religion, and seem'd Penitent at last. III. Richard Smith , Condemned for Felony and Burglary, in breaking the House of John Upton Merchant , in the Parish of St. Buttolph-Bishopsgate , Robbing him of Plate, Necklaces of Pearl, and other rich things, to the value of 400 l. He pleaded guilty to the Indictment. He is 25 Years of Age; at Nine Years he left his Parents. He went at 13 Years of Age to Jamaca , and served there 5 Years; he was guilty of excessive Drinking, of Sabbath-breaking, Swearing, and the Sin of Uncleanness, and joyned in several Robberies before this; he was not much concerned about his Souls state, being hindred in the work of his Conversion, and preparation for Dying, by hopes of a Reprieve. IV. William Scot , aged 25 Years, Condemned for joyning in the same Felony and Burglary with Richard Smith : His Father was a Weaver , and imployed him in his Trade, but being very Undutiful, he run away, and joyned himself with leud Company, who Robbed, some of which are Hanged. He seldom prayed, was a great Gamester , Swearer, and Drunkard. He cannot Read, yet Mourns, that by long custom in Sinning, he had hardned his Heart to a greater degree. Smith and Scot who Robb'd Mr. Upton the Merahant. confest, That one Martin Fled tempted them to joyn in it, and thut three more, whose Names they told not, did all assist in it. The manner of doing it was thus, That at Five of the Clock in the Morning, Martin did break in at a Window of a House, and let the rest in. Upon this they bound the Coachman and Foot-boy, threatning to kill them if they called out, but did not intend, as they said, to do so. Then they immediately went up to Mr, Upton's Chamber, and broke open the Door, and Bound him in his Bed. He desired them not to affright his Wife being with Child, which they did not, in Binding her. Upon this they made up in a Bundle, the Plate, the Necklaces, Gold, and Silver, and tied them up in a Blanket, one of them carried it away on his Back, while the rest guarded it. Martin, who carried them to the House, knew what Treasure was in it, and they said that they had no other notice but by him. Scot and Smith confest, That they had been guilty of many Burglaries, but did not discover the Places where, and that some of their Consorts, have been Executed formerly, and that they do Repent, that they did not take warning by their Untimely End. On the 15th of this Instant April, Henry Harrison , was betwixt Nine and Ten of the Clock carried in a Cart near to the upper end of Holburn , where he was tied up on a Gibbet, after the Ordinary, and another Minister had changed him upon the hopes of his Salvation, to declare the whole truth, concerning the Murther of Doctor Clinch, he did several times affirm, That without any Mental Reservation, or Equivocation, himself neither in Thought, Word, or Deed, did contrive or abet the said Murther, nor knew any person who did contribute toward it. After several Exhortations and Prayers to fit him for his Death, he behaved himself penitently for all his other sins, but persisted with many Appeals to the Omniscient God, (as before) that he was Innocent as to the said Murther, and could not accuse any person for it. So Praying a while for himself, the Cart drew away, and he was Executed. A Copy of the Paper Writ by Capt. Harrison's own Hand, and Delivered to a Minister at the Place of Execution. NOW I am come here to Die, the People expect a Speech and Confession, for the words of dying Men always ought to be believed by the Survivors. I thank God, I am not an Atheist, nor a Man that makes Equivocations, or Mental Reservations, but was Educated in the Protestant Religion. The greatest Grief I have, (next unto my offending my great and gracious God,) is that of my Relations, for no disaster was ever in the Family before, (but I pray God give them Comfort,) being all of them People of Reputation, as is well known to a great many in this Town, I having had some difference with some of them. I do own I lived for some time an Irregular Life, which was displeasing to them, God forgive me for it; and it was for my Sins God thought fit out of his infinite Justice to suffer this heavy Affliction to come upon me, which I firmly believe tends for my Everlasting Salvation, through the Merits and Mediation of Jesus Christ my Saviour, who came into the World to save Sinners, and me the chief. And as I have acknowledged and reputed my self, I assuredly now hope for Mercy at his hands, being Innocent of this Black, Bloody, Inhuman, Murther, I now Die for, in Thought, Word, or Deed, heartily forgiving those that were the Authors of it, as also Pray to God to forgive them, as I humbly beg of those I have in any ways wronged to forgive me; desiring all that sees me this Day to live a godly, righteous, and sober Life, to the end they may attain Everlasting Life, through Jesus Christ our Lord. Amen. God Bless the King and Queen, and the present Government, my Judges and Jury; the rest I refer to a small Treatise I have left with my Friends, concerning the occasion why I was suspected to be one of the Murtherers of Dr. Clench, which I have desired them to Publish very suddenly after my Death. Farewel in the Name of God. Amen. God Reward all those Worthy Divines who have assisted me in my Heavenly Journey, since my Condemnation. Afterward Richard Smith , William Scot , and Winifred Willmot , were carried to Tyburn in a Cart, and much Lamented their Viscious Course of Life. Scot and Smith acknowledged, that they had often Robbed and Committed several Burglaries, in plain they confest, that upon the House of Mr. Upton, Merchant, and the whole Contrivance and manner of it, they revealed a little before they went to Execution. They seemed very Penitent. Witnses to the truth of this, and to the Paper delivered by Harrison, at his Execution, that it is not altered, but delived to be Printed, as it was received from him. Samuel Smith , Ordinary . Dated this 15th. of April, 1692. LONDON, Printed for L. Curtiss, at Sir Edmundbury-Godfrey's-Head, near Fleet-Bridge, 1692.

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The ORDINARY of NEWGATE his Account of the Behaviour, Confessions, and Last Speeches of the Malefactors that was Executed at Tyburn, on Wednesday the 3d day of August, 1709. AT the Sessions held at Justice-Hall in the Old-Baily, on Wednesday and Thursday, the 20th and 21st of July, last past; Four Persons receiv'd Sentence of Death. Two of them are now order'd for Execution, and the other Two have obtain'd HER MAJESTIE's gracious Reprieve; which (if they be wise) they will take care to improve according to the intent thereof, and as it becomes and concerns them; that is, Not to follow any more that wicked Course of Life, in which (it seems) they have not been long engaged; and therefore so much the more easie for them to leave it off, and the more hope there is that they will do so, and seriously apply themselves to that which is opposite to such a wicked Course, viz. Religion and Virtue; which will make their Life comfortable and happy in this World, and secure to them Eternal Life and all blisful Enjoyments in the World to come. While they lay under this Condemnation I constantly visited them, and had them brought up to the Chapel twice every day: And there I pray'd with them, and read and expounded the Word of God to them; giving them such Instructions and Exhortations, and endeavouring to exercise them in such a Course of Devotion, as I thought most conducive to the healing of their Sin-sick Souls. On the Lord's Day the 24th of July last, I preach'd to them and other Prisoners in Newgate in the audience of a great many Strangers, that resorted thither, some out of Devotion, and others out of Curiosity, as I may suppose: And I took for my Text in the Morning these Words of the Apostle, Rom. 6. 23. For the Wages of Sin is Death; but the Gift of God is Eternal Life, through JESUS CHRIST Our Lord. From which Words, I shew'd; I. How the Reward or Wages due to Men for their Sins, is Shame, and Misery; and Death at last. 1. It is Temporal Death, which all Men, both Religious and Wicked, must expect, and can by no means escape: For it is appointed unto Men once to die. And this Death some Men, by Intemperance, Rashness, Capital Crimes &c. (as we do see) too often hasten, and bring sooner upon themselves, than Nature would have done. 2. The Reward or Wages of Sin, is chiefly Eternal Death, which they must inevitably undergo, who shall carry into the other World, the guilt of their Sins committed, and unrepented of in this. II. How the End of Holiness here, is Eternal Life hereafter, which God freely bestows, as a gracious Gift, on Believers and true Penitents, for the sake and thro' the Merits of Christ, and not for any Merits or Worthiness of their own; the Apostle shewing, That though Death be the due Wages and just Reward of Sin, yet Eternal Life is not a Reward due to Men upon the account of any their Works or Deserts; but (as in the Variation of the Phrase he expresses it) it is the Gift of God through JESUS CHRIST Our Lord. That was the Subject-matter of my Discourse in the Morning. And in the Afternoon I preach'd upon this Text, Heb. 9th Chap. the latter part of the 27th Verse. It is appointed unto Men once to Die; but after this, the Judgment. Having first open'd the Text, and shew'd how few Persons (viz. Enoch and Elijah) have been exempted from Death, and excepted from this general Rule, That Men are appointed to Die once in this World, which is the first Clause of the Text, and is provable from our daily Experience and Observation; I then proceeded to the Second, which clearly discovers to us; That after this Death there is a Judgment, which all Men must look for in the other World. And what that Judgment will be, I shew'd from several places of Scripture; and endeavour'd to make my Hearers (particularly the Condemned) sensible of the great importance it was to Men to die well; because they die but Once, but that Once is for Erernity. To imprint this Truth upon their Hearts and Minds, I lay'd before them these Considerations, viz. I. That this Life is the only time we have allotted to us to prepare our selves for Death, and for that State which is immediately to ensue after it; and, That Faith and Repentance are the great Graces necessary for this Preparation. II. That when Death has once given the determining Stroke, and put a final Period to this mortal Life, our day of Grace (if it was not so before) then certainly will be at an end, and we shall not be able to repent to any good purpose. III. and lastly, That as a necessary Consequence of both these, Judgment will seize on us just upon our departure out of this World; and as Death once finds us, so it will for ever leave us: For according as we are then prepar'd, our Souls shall in that instant be translated into an irreversible and eternal State, either of Happiness or Misery. On those Three Heads I inlarg'd; explaining to my Auditory the State of another World, and shewing them how to avoid the Misery, and obtain the Happiness of it. And I concluded this, as I did my Morning's Discourse, with a pressing Exhortation to the Persons condemn'd, That they would endeavour to redeem the time they had mispent, and make a due Preparation for a happy Eternity. Upon the last Lord's Day the 31st of July, I preach'd again to them, both in the Morning and Afternoon, on part of the Gospel for the Day, viz. Mat. 5. 20. For I say unto You, That except your Righteousness shall exceed the Righteousness of the Scribes and Pharisees, ye shall in no case enter into the Kingdom of Heaven. From which Words of our Blessed Saviour, I did these Three Things. I. I shew'd the Drift and Design of the Christian Religion. II. I stated the Comparison between it and the Pharisaical Religion; shewing how the Sin of Hypocrisie will exclude and shut Men out of Heaven. III. I gave them some Directions for the sincere Practice of true Religion and Virtue. And lastly, I drew those Practical Inferences which naturally flow from the Doctrine in the Text. And concluded all with proper Exhortations to the Condemn'd, who seemed attentive to such Instructions and Admonitions, as were then (and daily) given them: Yet I fear, some of them still harbour'd Worldly Thoughts in their Breasts, and turn'd that long time granted them for their Preparation for Death, into Contrivances and Designs how to avoid and escape it. Now, as to the Account which they gave me of themselves, it is as follows. I. Thomas Sollars , Condemned for three Robberies committed by him and two other Persons on the Queen's High-way, the 22d of June last past. He readily confess'd, that he was guilty of all those Robberies; but withal said, That a certain Person (who shall here be mention'd under J. P.) had induced him to the Commission of them; and that the said J. P. was the Man, who had drawn him before into a Business that was like to have cost him his Life; viz. that Burglary which he took a Trial and received Sentence of Death in the Old-Baily, on the 16th day of Octob. 1708, and had since (and that very lately too) obtain'd his Pardon for: And yet, notwithstanding the Mercy he had thus received, he was soon tempted to transgress again, even by him who had been the unhappy Occasion of his former Troubles, and had then brought him to Ruin and to his Death, had not Mercy interven'd. Which Mercy as he had so unworthily abus'd, so he confess'd, that now he highly deserved what the Law had laid upon him, and that he was justly condemned, and had nothing to say for himself, but willingly submitted to his Sentence; and pray'd to God, That he would please to forgive him all his Sins, which were many and great; and that those Persons whom he had wrong'd in any wise, would forgive him also, as he for his part freely forgave all the World (that was his Expression) and him particularly who had led him away, and was the cause of this his unhappy Death; wishing that wicked Man might reform, and prevent the like shameful and untimely End. Upon my asking him, What sort of Life he had formerly led: He told me, That in his younger years his Father, who had a little Farm, kept him to Husbandry ; but he not liking that Labour, came up to London , to live with an Uncle of his (a Fencing-Master,) who dying after he had been about three quarters of a year with him, went to live with his own Brother, a Farrier, and would have been of his Occupation; but his Brother would not take him for his Apprentice, as not thinking it fit that they both should be of the same Trade; and so, advis'd him to choose another which he did; and bound himself to a Carpenter , an Inhabitant of the Parish of St. Andrew Holborn , and served five years of his Time with him. But an Aunt of his, who was also his Godmother, happening then to die, and leaving him one Hundred Pounds, he presently bought off the two remaining years, which he should have served; and work'd Journey-work for some time. And then it was, that J. P. a Carpenter also, being employ'd by his Master, became acquainted with him, and knowing he had Money, borrow'd some of him; and as he was one day asking him for it, the said J. P. appointed him to meet him one morning early by the Conduit in Cheapside : To which Place he then went accordingly; and there the said J. P. instead of Money, gave him some few good Words, and made him fair Promises to pay him very suddenly; and in the mean time desir'd him to carry a Bundle of some things, (he knew not what) to his Lodgings, at the Three Mariners at Mile-end : Which he willingly undertook to perform, though he suppos'd they were stoln Goods, as they prov'd afterwards, when he was seiz'd with them, and (as is said before) took a Trial for them, in which he was cast for his Life, while the other (viz. J. P.) made his Escape beyond Sea, and was not heard of, till he the said Sollars had been repriev'd a good while, and was within a few weeks of coming out of Goal, by vertue of the Pardon he then expected; at which time J. P. first sent Edward Juice to him in Newgate , to know how it fared with him, and then came himself to visit him there. And when he had pleaded his Pardon, and had obtain'd his Liberty, the said J. P. follow'd him close every where, and would be always with him; and particularly that Night the foremention'd Robberies were committed, he came to his Company, and brought the said Juice with him, who (he said) was his Brother-Soldier; but Sollars knew him no otherwise than by his having formerly come to Newgate, to visit him there, from J. P. This is the Substance of a long confused Account he gave me of this J. P's deluding him both first and last, and cheating him not only of his Money (for he never paid him all) but of his Life too. And this further Account he gave me with relation to himself, That he was about 25 years of age, born of very honest Parents, at Hampton in Herefordshire ; where he was, by their Care, brought up in a virtuous and religious way; but his unhappy Byass and Inclination to Vice made him neglect the practice of the Good Things that were taught him, and follow that Wicked Course which brought GOD's Judgments upon him, and got him the Ill-will of his honest Relations; who knowing of his Wickedness, could not abide him, neither were willing to do any thing for him. This is what he told me of them, and acknowledg'd, that they dealt with him as he deserv'd, who was so great a Scandal to the World, and a Reproach to his Friends. II. Richard Juice , condemn'd for the three Robberies above-mention'd, in which he was concern'd with the afore-nam'd Thomas Sollars , and a third Person not yet apprehended, who then made his escape, and left both Sollars and him to answer for these Facts, into the commission of which, they both declar'd that Person had brought them. This Richard Juice nevertheless acknowledg'd his Guilt, for having been consenting thereto, and assisting the others therein: but he said, they were not three, but two Robberies; the one committed in Lambs-conduit-fields , upon a Servant of the Lord Chief-Justice Holt's; and the other presently after that, upon two Gentlemen in a Coach, coming from Marybone ; and he thought that his having had three Trials, as for three distinct Facts, made him appear so much the greater Offender. But I satisfied him in that, and made him sensible, that there was no reason for this his Nicety in making such a distinction or difference between robbing two Persons singly, or when in company together. And so he agreed with me, that either way made him equally criminal. Now the Person that induc'd him to commit those Robberies, was the same mention'd in the foregoing Confession under J. P. who was a Soldier with him in the First Regiment of the QUEEN's Foot-Guard, and had brought him into the company of Thomas Sollars the Night when those Robberies were committed, in which, he said, Sollars was most active; for he first set on him they robb'd in Lambs-conduit-fields ; and after this, as they were walking on all-together towards Marybone, he suddenly snatch'd his the said Juice's Sword from his Side, and with it assaulted the two Gentlemen in the Coach, whom they robb'd there; J. P. and himself joyning in those Facts: But he said, he was surpriz'd and hurried into them; for he neither knew nor intended any such thing when he first set out with J. P. and Sollars. He further said, That he was about 23 years of age, born of poor (but honest) Parents, at a place call'd March in the Isle of Ely ; and liv'd for the most part at Thorney , not far off Ely, where he follow'd Husbandry , till he took a fancy to come up to London , in hopes of finding some Employment there, that might be better for him than Country-Labour: But being disappointed in his hopes, and wanting Money, he went to the Tower and listed himself a Soldier in Brigadier Totton's Company, under Col. Bull, in the First Regiment of Foot-Guard, in which he serv'd about six months, and was actually in the Service when taken. He confess'd he had liv'd in great neglect of GOD's Service, and been a prophane Swearer; for which, and all other Sins, he ask'd GOD's Pardon. He told me, that he never was concern'd in any Theft or Robbery whatever, except these for which he is to die; and, that his Companions were the chief Actors therein, and he did not so much as know what they took, but only had six Guineas of them for his share in the Booty, which was what they thought fit to give him, for his standing by 'em in those Facts. This is the substance of what he declar'd to me, when I had him under examination. Now this Day being come, on which they were to suffer according to their Deserts and the Sentence pass'd upon 'em, they were carried in a Cart to the place of Execution, where I attended them for the last time; and having perform'd my Ministerial Function to them, as I us'd to do on such melancholy occasions, Sollars deliver'd to me a Paper, which he said contain'd nothing but Truth, desiring me to impart it to the Publick: Then I withdrew from them. They made a short Speech to the Spectators, which was to this effect, viz. That they would take Warning by them, and keep themselves from all Ill Company: That they would serve GOD, and keep the Sabbath-day: And, That they would now pray for their departing Souls. They declared, That they died in Charity with all Men. And Sollars said for himself, That he was not guilty of many ill things he was suspected of; but for the Crimes for which he died, he own'd with sorrow he had committed them. And then added, That no Man ever more willingly and heartily died than he did; hoping that GOD would have Mercy upon him. When they had done speaking to the People, they apply'd themselves to their private Devotions, for which they had some time allow'd them: Afterwards the Cart drew away, and they were turn'd off; all the while calling upon GOD (for CHRIST's sake) to take pity of them, and have mercy upon their Souls. The Copy of a Paper deliver'd me by Thomas Sollars , at the Tree. I Do declare, That the Nine pounds that was by me left in Captain Giles Hands, in the presence of Jane Hill , was only for a Security for my appearance to march with the Captain when he was ready to go, and then the Money was to be return'd to me again: And, That I do not know that any other person paid the Captain any Money. This is Truth, as I am a Dying Man. Witness my Hand, this Third Day of August, 1709. Thomas Sollars . This is all the Account here to be given of these Dying Persons, by me, PAUL LORRAIN , Ordinary of Newgate . Wednesday, August 3, 1709 London Printed, and are to be Sold by Benj. Bragge , at the Raven in Pater-noster-Row .

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THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, OF FIVE MALEFACTORS, VIZ. JOHN PRINCE for Forgery, Who was executed at Tyburn , on Wednesday, March 7; ANNE BAKER for a Street Robbery, PETER ROBINS for a Burglary, AND JAMES ROCKET and TIMOTHY STEWARD for a Robbery, near the Highway, Who were executed at Tyburn on Wednesday, March 28, 1764. BEING THE FOURTH and FIFTH Executions in the MAYORALTY OF THE Rt. Hon. WILLIAM BRIDGEN , Esq. LORD MAYOR of the CITY of LONDON . NUMBER III. for the said Year. LONDON, Printed for J. COOKE, at Shakespear's Head, in Pater-noster Row, and Sold by all Booksellers and News Carriers. Price 8d.] THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, &c. THE Introduction to the tryal and conviction of John Prince having been published in the foregoing account of six malefactors, Numb. II. need not be recited here. 1. John Prince was indicted, for feloniously forging and counterfeiting a certain bill of exchange, for the payment of 125l. and publishing the same, wellknowing it to have been forged, with intent to defraud Robert Mackoun , July 8. The steps, by which this well-known offender was brought to justice, are remarkable: He was apprehended, about the 12th or 13th of September, on account of a fraud only, at the suit of Mr. Richard Marshe , Hosier , near Temple Bar , for obtaining from him a parcel of silk hose, by false pretences. It was no easy task to lay hold of a man long practised in much greater frauds, and yet evading the hand of justice. Prince (who always flattered himself, and looked on his own actions in the most favourable light,) told me, he had not fair play on that occasion. At least he was inclined to think so, because the consequence of his being taken up for this fraud, brought to light a worse crime, which proved fatal to him. He said Mr. Marshe had taken out warrants against him, and way-laid him in three or four counties, as well as the city of London ; that about this time he was seen casually passing through Fleet Street , by Mr. Marshe, who pursued him, with an hue and cry of stop thief, and was taken in a publick house under that character, where he stepped in for shelter; whereas, said Prince, he had no right to consider me as a thief, but only his debtor. However, he was taken before Sir John Fielding , and being examined, was committed to the Gatehouse , Westminster , September the 13th last, for obtaining from Richard Marshe , by false pretences, silk hose to the value of 13l. and upwards. By this time the transaction of the forgery began to be looked after by the injured party, and, like a mine, was ready to be sprung, and involve the miner in its ruin. Prince was now advertised to be re-examined the 15th, at the very time Mr. Mackoun was meditating how to prosecute this forgery; who seeing the advertisement in a news paper, which he took up in a coffee-house, attended at Sir John's, and produced this bill. Prince being examined on it, said, Bricklen (the supposed drawer of the bill,) was gone into Yorkshire. It now probably appeared before the Magistrate, by the same evidence, afterwards given on tryal, that Prince had told the prosecutor two different stories about the drawer of this bill; the first was, that Bricklen and Co. were great Distillers and Brandy-merchants, living near the watch-house, in Moorfields; that they served Orcherton, the accepter of the bill, who then kept the Rose Tavern, in Cursitor Street, with rum and brandy. This being proved false, on enquiry, no such persons as Bricklen and Co. to be found, and Orcherton gone aside; the second story was, that Bricklen in truth was an outlawed smuggler, but was worth three or four thousand pounds, and the bill would be paid when due, and that he lodged in some lane or alley near Moorfields. This was equally true with the former; and now, being urged by the necessity of the case, to produce this drawer of the bill, he said he lived in the country, and was gone into Yorkshire. The bill was to this purport: " London June 3, 1763. " Three months after date pay to Mr. " John Prince , or his order, the sum of " one hundred twenty five pounds sterl. " and place the same to account of, Sir, " your most humble servant," " G. Bricklen and Co. " To Wm. Orcherton , at the Rose" Tavern , Cursitor Street . " Accepted, William Orcherton ." This bill had been passed by the prisoner to the prosecutor, instead of 100l. cash, payable by way of deposit to bind a bargain and sale of an estate, near Long Ford , Middlesex , in the Windsor Road , about 15 miles from London. The terms of this sale had been agreed upon in a memorandum, of which the seller had given the buyer a copy, signed by him. On discovery that the bill was bad, the former would have returned it to the latter, on condition of recovering his memorandum again; but this was wilfully and obstinately refused by Prince, who insisted on his bargain; for that he had friends who would raise him the money when the bill became due. The bill was now due nine days before this examination, as appears by the date in the face of it; and yet neither he nor his friends had paid it, otherwise we should probably have heard nothing of this prosecution. This is here mentioned to demonstrate the audacious temper and effrontery of this prisoner, who persisted, after his conviction, to assert, "that it was no forgery, but a good bill, and would have been paid had it been demanded when due; and that it never was demanded;" which is contrary to the whole tenor of the evidence on trial. But if this assertion had any appearance of truth, it was a mere fallacious evasion; if it was not demanded, it was because none of the parties, by whom it was payable, could be found. On this issue the prisoner himself put the affair at the time of this examination, when he pretended that Bricklen was gone into Yorkshire, and desired five or six days might be allowed him till he should return, or be found. Sir John granted him eight or nine days, and also proposed, if the prisoner would give him an account what part of Yorkshire he was in, he would send an express for him, at his own expence; for, as he told the prisoner, it was a matter that nearly concerned him; this kind offer was not accepted, because it could not be complied with. At this examination Orcherton, the keeper of the Rose Tavern, in Cursitor Street, was produced. Some words dropt from him, which caused him to be secured as an evidence at least, if not an accomplice in the forgery; he set forth, that he had known the prisoner only since May last, that he wrote the body of that bill of exchange, and accepted it with his own name; but G. Bricklen and Co. was not on it at that time, nor did he ever remember to hear of that name, till he saw it on the draught with Mr. Mackoun's Attorney; consequently, that he had never dealt with Bricklen and Co. for brandy and rum, as the prisoner had pretended. Orcherton also now opened the pretences, by which he was drawn in by Prince and his associates, to write this, and some other bills of the same nature, to the amount of 500l. which was, to raise money for Prince to purchase the house Orcherton then lived in, being advertised for sale, and, when purchased, it was to be mortgaged for money to pay off those bills. This was to be for the use and benefit of Orcherton, to prevent his being turned out of the house. Prince was remanded back to the Gatehouse for further examination; but would not yet be persuaded to think, or seem to believe, that his case was any way dangerous. In conversation between Prince and Orcherton, as they were carried in a coach together, a kind of dispute or quarrel arose; Prince charging Orcherton with giving evidence too severely against him, and the other insisted it was the truth: And charged him with having been the occasion of great losses to him, by which he became a bankrupt; adding, " that he " would not think much to be banished, " for the satisfaction to see him hanged." Prince, forward to catch at any thing that might break the force of so pointed an evidence, considered this hasty and vindictive expression, as sufficient to invalidate his testimony; and therefore had subpoena'd witness to prove it on his trial. But Orcherton having, of his own accord, acknowledged it in his cross examination, and accounted for it by a sudden passion he was put in, for being sent to prison on account of these notes, which Prince induced him to write, and also explained himself, that he did not mean to have him hanged unless he deserved it, the objection seemed to lose its weight. Prince being searched when charged with the forgery, a paper, teeming with secret practices and dark deeds, was found upon him, which, as it tended to confirm Orcherton's evidence, in relation to the company that used to frequent his house with Prince, and their practices, was also read at the close of his evidence on the trial, to the purport following: " An agreement between Samuel Fisher , Edward Hart , George White , and John " Prince , concerning dividing the money " that should be raised by a bill, or bills, " drawn by the prisoner, and the expences " how to be paid." An occasion will offer itself, in the course of this account, to compare some names in the aforesaid paper with another curious piece dictated by Prince, and by means of which his respite of three weeks was obtained. On his next examination before the Justice, no Bricklen, no drawer of the bill being found or traced out, and the presumption of a forgery rising proportionably higher, he was committed to Newgate toward the latter end of September; when the gaol being sickly, he caught the distemper, which occasioned his trial to be put off, he being reduced so low in health that it was believed he could not live to be tried. During this interval, there was no opportunity for me to know or converse with him, he being either disabled by sickness, or (like the bulk of the other prisoners) disinclined to think of his duty in the chapel, till after trial and conviction. His trial at length came on in January sessions. Beside what has been said, it was proved, that all possible enquiry was made for Bricklen and Co. but they were not to be found by the prosecutor, or his clerk; and it was proved positively, by an old inhabitant, of twenty years, near the watch-house, Moorfields, that no such person was in that time known to live there. The prisoner only said in his defence, that he lived in an alley beyond the watch-house, and produced two witnesses, to prove they had seen the prisoner in company with a person of that name, above a year since, and that he was a dealer in horses; and one of them believed the signing of the bill to be like his hand. But this did not come up to the point, nor prove such persons as Bricklen and Co. to exist under the description and character given by the prisoner, of the drawers of the bill, and therefore it was determined he had forged the person; and no such person appearing, he was found guilty. Thus the charge against this prisoner, with its proof and issue, has been briefly collected and laid before the reader. His behaviour after conviction, together with the means used to bring him to a repentance proportioned to his crimes and course of life, have been also in part represented to the publick, with that of his other eight fellow-convicts; two of which, James Anderson and Thomas Thompson , have been executed Feb. 15, and six respited. So long as there is any hope of the reformation of criminals in the character of penitents, and while there is life there is hope, all possible patience, and forbearance, and tenderness should be exercised towards them: But when their lives are forfeited, and the forfeit paid for the warning of other hardened and presumptuous offenders, and the safeguard and protection of the honest and industrious; the best use should be made of their subtile schemes and evil conduct, to answer those purposes for which criminals are punished. And first, it is a desperate and most provoking degree of hardness in guilt, for any surviving criminal to encourage himself in his wickedness, and persist in his evil courses, because he sees or hears of a dying criminal making a decent exit at the place of execution. This is a most fallacious sign, on which there is no dependence. We are, indeed, in general obliged to perform the best offices of piety and charity we can, and they are capable of, for the worst of dying sinners and criminals; but the success is wholly unknown and uncertain to us; it is deep involved in futurity, and the divine counsels. There is no judging, by present superficial outward appearances, of their true spiritual state at present, nor of the judgment that will pass upon them for their eternal lot hereafter. 'Tis impossible for us, for any but the Searcher of Hearts, to know how far these seeming penitents have complied with the terms of salvation. Whether they have outsinned their day of Grace and Salvation, or are still objects of it? Whether they strive earnestly in prayer, that a true repentance, a lively faith, and all the graces requisite for their condition may be granted to them? or whether it is too late to sue for them? For however presumptuous and ignorant men may flatter themselves, and each other, that it is never too late to repent (and tho' perhaps this may be true of a sincere repentance) yet we are assured, by the highest authority, that the hope of the hypocrite shall perish; that there is a time when these good things are hid from mens eyes, and the door of mercy is shut. And the reasons and causes are assigned, which bring things to this desperate pass. When men hate knowledge and do not chuse the fear of the Lord; when they refuse his calls and disregard the stretching out of his hand; when they set at naught his counsel and will hear none of his reproof; then will he also laugh at their calamity, and mock when their fear cometh; - when their fear cometh as desolation, and their destruction cometh as a whirlwind; when distress and anguish cometh upon them. Then shall they call upon me, but I will not answer; they shall seek me early, but they shall not find me, saith the supreme Judge. We know, and are witnesses, that these causes and symptoms too generally prevail among obdurate sinners, within and without our prison-doors, whether at large or in chains. How then can they escape the inevitably connected consequences? Have we not invincible arguments, to make us expect and dread them all in the worst sense? It appears to me the best good office which humanity and good-will can do such men, to set these things strongly before their eyes, ere it be yet too late, for ever. We know, and are witnesses, that in general the apparent repentance of convicts in chains seems to be merely forced upon them by their present fears and miseries; for they too frequently prove this, by putting it off as long as they can, and relapsing as soon as they can, i. e. on the first opportunity. These reflexions naturally rise from the long course of frauds and misconduct which the convict now in view had run thro', and the little sense he seemed to feel of his real case and danger. For tho' he attended the chapel almost daily after conviction, yet he acknowledged he had never been there above three or four times in so many months that he was a prisoner before it: And now that he came, the point he seemed to have most at heart was to deny his guilt, plead innocence, and consult with me how to escape this death? rather than ask and learn how he should obtain eternal life; for this was the convict hinted at in the former Account, (No. II. p. 9.) who desired a private conversation on this subject; but being then respited, was not named. This is the convict, there also unnamed, who mistook the Commination for the Communion Office, after some weeks instruction and preparation. For it appeared from his conversation, from his incapacity to read common English with propriety, or write a plain hand, that he was of a more ignorant and low-bred class than he found it his interest to assume in the several scenes he had gone thro'. From his being known to have been a Draper on Ludgatehill , or a Warehouseman in Bread-street , one would form an idea of a man of suitable birth and education. And this pretence he still endeavoured to support; for being asked one day, whether he had served his time to a Draper? he answered no, he had learned it by being bred up and travelling among the woollen manufacturers; that he was born in Wiltshire , and there educated with his father, came to London at the age of eighteen or twenty years, and having lived sometime among the principal Drapers, to whom he was sometime a rider , he then set up the business on his own account. The truth is, he came to town a raw country young fellow, about twelve years ago, and was first employed in a considerable Print-shop kept by Mr. O - v - n, facing St. Sepulchre's church , as a menial servant , and acted as footman and porter to carry out parcels, and used to ride journeys with his master, to carry his portmanteau. In this service he was thought to be rather heavy and stupid, than capable of those pranks, which he has since had a part in playing off. When he had lived here about a year, he got another place at a Draper's and Sale-shop in Houndsditch , and from thence he moved to a like place in Drury-lane , much in the same capacity. In these two latter places he learned so much of the business as to open a shop for himself on Ludgate Hill , which much surprized all who knew him from his beginning; and puzzled them to account, whence the capital should arise to enable him to venture on such a house. But this blaze, having served his turn, was soon extinguished, and the house shut up in darkness. This is said to have been about the year 1760. His next step was to remove to Godalming in Surrey , where, out of the spoils already picked up, he dealt in corn and flour to London , having purchased a mill for that purpose, and was getting money apace; this held on for about eighteen months, and he told me he might have done well here, and continued so, had not some of his former companions, ever restless, and seeking whom they may devour, found him out, and came down to extort a sum of money from him, or threatened to blow him. He not answering their large demands, they exposed him as one who had been a bankrupt and in gaol, &c. He was soon pointed at by his neighbours and others (with whom he had hitherto kept up his credit) as one who had been so and so in London , and was now come down to cheat the country. This obliged him to sell his mill and decamp; and he added, that 90l. of the price was still due to him, which he hoped they would pay his wife. Of her he always spoke with tender concern, and, to aggravate his sorrows, said they had three children; the last of which died of the gaol distemper, caught by being with his mother to visit him in the prison. It is known, and generally believed, that this convict had been too frequently and deeply concerned with several persons (some of them before named in the paper found in his pocket when taken) in sundry frauds and forgeries to procure goods, to get possession of effects and estates on counterfeit securities, and then raise money upon them. One of their most successful methods was to put on the guise of considerable dealers and persons of property, to strike a bargain, pay down some cash in hand, and give bills for the rest, which, on enquiry, proved much like the bill for which he was convicted. This he seemed conscious of, when he endeavoured to account for his conviction on other principles than those of justice and law; for he insisted on being innocent of any forgery in this case; but, said he, I was unfortunately connected with a set of bad people, and had but a light character, and it was determined that some one must die, and I am singled out to fall a sacrifice. By whom and what number of men this was determined, he did not explain; but often hinted, that a person concerned in his prosecution was no better than he should be. Several exploits in their way are reported of this sett of confederates. Prince had agreed with a principal for an Oyster-meter's place at Billingsgate . He would have paid down 100l. cash, and 400l. more in bills: But this latter part not being approved, broke off the bargain. When he dealt as a Draper , he took a journey into the West Country with his ingenious accomplice F - r, under the stile and title of F - sh - r, Esq; of F - s - r hall in Lancashire , where, by offering a good price, they dealt with a clothier for the value of 1500l. in pieces of cloth, then lying in a great warehouse in London , for which they paid down 600l. in cash, and gave bills on supposed Merchants for 900l. They had the pieces delivered to them by order; but when the bills became due, the persons by whom they were payable were not to be found. The two accomplices were secured, on an affidavit or oath made by the creditor, or prosecutor, and sent to prison; their attorney found, or pretended to find, a flaw in the affidavit, trumped up a prosecution for perjury against him, which, it is said, terrified him so, as to induce him to give the defendants a general release, and 400l. more by way of composition. It is well known, that Prince and his companion aforesaid were fellow-prisoners in Newgate for a fraud in March 1761, in obtaining several pieces of superfine cloth by false pretences. A little before they were to be tried for this fact, the prosecutor was prevailed on to make a debt of it, by their paying down some little money, and giving him some large promises to pay the rest. They were detained as debtors in Newgate five or six weeks, till F - r first, and Prince in a week after, moved themselves by Habeas Corpus to the King's Bench prison , from whence, in less than a year, they were both cleared by the compelling clause in the Act of Insolvency. They were well known in each of these prisons on other occasions. On the day that Prince was convicted, some young gentleman was seen to give him a quarter guinea, for his present relief; and said, at the same time, that his father had lost 1000l. by him. For that and the like purposes, he and his accomplices had taken a house in Bread-street , facing the Three Cups Inn , the better to give a colour to their transactions. When men have long turned their whole thoughts, and laid out their talents on such deep schemes of fraud and villainy, they may truly be said to have sold themselves to work iniquity; their heart is perverted, and become callous to every good impression, which they have long resisted and stifled. There is a root of bitterness in them, which it were impossible for human strength or means to change or extirpate; and if ever they are changed so as to be saved, it can only be by the mighty power, the extraordinary grace, the exceeding great love and mercy of that God, to whom nothing is impossible. But let sinners take heed how they presume upon these perfections, and dally with divine patience and goodness. It is for this very reason, because there is mercy with him, therefore he is to be feared. These thoughts are occasioned by a sudden change in this prisoner, which flattered us with hopeful appearances of a good work begun in him, on January 25, the festival of the Conversion of St. Paul, when the Psalms, the proper lessons, and other offices of the day were explained and applied to the prisoners, teaching them that the same heavenly light and grace which had converted Saul from being a persecutor, a blasphemer, and injurious, to be a most zealous Apostle and Preacher of the Gospel, was most surely recorded, and still shone bright in the hearts of all who were open to receive it, and that for this very cause he obtained mercy, to be a pattern to others, who should hereafter be convinced. After service he came, of his own accord, and spoke to this effect; first, that he was sorry for some refractory misbehavour he had been guilty of yesterday in the chapel, and also that he was now glad he did not die of the goal distemper before his trial, (for he said he was, indeed, very wicked when first put in gaol, but hoped he was now spared to repent,) tho' he should die a shameful death; that he had not an opportunity of attending chapel above two Sundays during his confinement, before trial, having been ill the best part of three months; that he had been drawn in and connected with bad men, but now saw his folly, for they were his ruin; he added, that a friend who supported him, promised to use his endeavours to save his life, but he would make the best use of his time, and not depend on it. He was in the same cell with another convict, who could read well, and had several proper books lent them, which they promised to make good use of. One of these bad connections is little known or spoken of, viz. that which he had with John Perrott , his neighbour on Ludgate Hill , who was executed at Smithfield , November 11, 1761, for concealing his effects as a bankrupt; not long before which was the failure of Prince, with some similar causes and circumstances. This connection was carried so far, that it is said F - r, at least his associate, if not Prince himself, was concerned in a scheme to rescue Perrott out of gaol a few days before his execution; which was indeed then apprehended, and guarded against. (See page 12, 13, of the Account of John Perrott and Samuel Lee .) The respite of Prince, the night before his fellow convicts were executed, has been mentioned in the preceding Account; as also that the reasons and means of that respite seemed unknown even to himself; but this was owing to his dissimulation with me, and perhaps shame also to avow the real means and motives by which that respite was obtained. To conceal which, when asked, a few days after, how this respite came about, he amused me with the following blind stories; that he was visited Feb. the 14th, the evening before execution, by a gentleman of fortune from Spitalfields (his name being forgot;) he asked him a few questions, and going away left two shillings for him at the lodge; when he heard this, he revolved in his mind, why should two shillings be left for a man who is to die to-morrow? He conjectured, therefore, this respite was obtained by his means, thro' the interest of a noble Lord and some gentlemen, for whom he once procured a sum of money, as a broker, on some goods and an estate, for which he gave a bond. And as the estate is now vested in him, it must be forfeited if he dies: To prevent this, he would seem to suppose he was respited. He added, that he had suffered much by law and imprisonment on account of that affair, as the parties believed he had defrauded them of a large sum, but at last cleared himself, and believes they are satisfied of his innocence. The real story he alluded to, is thus reported; that he advised a certain N - b - n, who applied to him in necessity for ready cash, to take up goods from a manufacturer in Spitalfields , to the value of 2000l. which being put into the hands of Prince, when he had raised a proper sum on them, he returned three or four hundred pounds to his employer, and sunk the rest. This was an expedient he was well practised in, the raising of money on goods, however obtained, of which there are numberless instances. This is one of those abuses of trade and credit, which perverts this practice into one of the worst species of robbery; and is common among that obdurate set of enormous criminals, who live luxuriously upon the spoil in our prisons under the name of debtors. For it must be allowed, that in proportion as the right use of fair trade and well-grounded credit is beneficial to society, and is, in fact, the support of millions in these nations and dominions; so the abuse and perversion of either, or both, is detrimental and destructive to numbers. But so long habituated was this criminal to the use of false pretences, that he could scarce divest himself of them to his dying day. Whatever pretences he had made use of to conceal the real occasion of his respite from me, the true state of it was first hinted by another, and in due time fully cleared up; and it was thus. He sent his wife to a compassionate Gentleman, in the Commission of the Peace for Middlesex, to inform him, that John Prince , her husband, was able to make some material discoveries for the publick utility, she herself making an affidavit to that purpose, and that he was ready to give his information to proper persons. This was on the 14th of February, the day before he was to suffer. Proper application being made above, by the Gentleman aforesaid, in a few hours a respite, for three weeks, was sent down. And the next day, Prince being examined in an apartment of the prison, gave the following Information. MIDDLESEX. The Examination of John Prince , now under sentence of death in Newgate , taken this 15th day of February, 1764. THIS Examinant says, that he knows Ed - d H - t, late of the Seven-dials, Cheesemonger; T - s G - ff - h, a Cabinet-maker; J - n W - ms, late a Change-broker, and who now lives near Grosvenor, or Hanover-Square; George White ; who lately died in Newgate ; Ch - s Wh - e, brother to the said G - e, who is now at large; J - h H - mm - d, and S - l F - r: Says, that about last Spring he frequented H - ll's, at the Wheatsheaf , in Purpoollane ; that he there saw the aforesaid Ch - s and G - e W - te, who told him, that they lived by picking of pockets; that he also then and there saw, in company with the said two Wh - s, two lusty country-looking fellows, who the said Wh - es informed him, lived by robbing on the highway, and by committing other robberies, but does not know the said last mentioned two persons names, but that they use L - l - y's, in Golden-lane ; says that about nine months ago he was sent for to the Royal Oak , as he believes at Mile-end , by G - e Wh - e and Ed - d H - t, who informed him they had a good job for him to do; says they did not then inform him what the job was, but appointed him to meet them at the Angel at Islington , at five o' clock the same evening; says he met them there accordingly; says he stayed some time there, when and where they told him, that money must be had, and that if he would go along with them, they had a scheme to get it that night; says they set out from Islington , and proceeded together on horseback to the Halfway-house in the bottom of Finchley Common , where they had some brandy; from thence went to Whetstone, and put up their horses at the Green Man there; from thence went to Barnet to the Green Man there, where they drank; from thence went to the White Lion at Kitt's Inn , put up their horses there, and after staying some time returned towards London, till they got on to Finchley Common : says they then took across the Common towards South gate, when they told him they had come out on purpose to rob the Mail: says they staid together on horseback till they saw the Mail cart come along from London ; when they desired this informant to go and rob it, and at the same time told him, it was a very rich Mail on account of Chester fair: says he refused robbing it, clapt spurs to his horse, and rode away to his lodgings, opposite the Royal Oak at Mile End aforesaid: says that about twelve days afterwards the said W - te and H - t again called upon him at his lodging, and that they drank together at the Royal Oak; that they then took him into the fields, and told him they had robbed the Mail at the time they wanted him to rob it as aforesaid; and that W - te then gave this examinant a black pocket-book, now in the possession of T - s M - r, Esq; in which was sixteen or eighteen Bank notes of different sums, all which, they told him, they had got out of the aforesaid Mail: says they desired this informant to put the notes by, but not to put them off without their knowledge: says he kept them about a month, and returned them to them again at the Royal Oak aforesaid: says that a few days afterwards they gave him a thirty pound bank bill, which he, in his way from Ascot-Heath races, put off to a Butcher in the morning, who lives opposite the White Hart at Slough , who is a lusty man; that H - t and White told him the said note was taken out of the aforesaid Mail: says he afterwards put off a bank bill, at Bury St. Edmund's , to G - e M - n, an Attorney, of 20l. which he also had from W - te and H - t, and which they told him they got out of the Mail in manner aforesaid: says H - t told him he buried his share of the bank notes and other papers, which were taken out of the said Mail, in his cellar, near Lombard Court , Seven-dials: says the widow of G - e Wh - e now lives at Matthew Fr - h's, at Coney, and verily believes that she now has concealed, either in a trunk or in two boxes, papers taken out of the aforesaid Mail. Says, that at the time the said Mail was going to be robbed, as aforesaid, he rode a bay mare, fourteen hands high, which he hired in Red Lion yard, Clerkenwell ; that G - e Wh - e rode a brown horse of his own, which at that time stood at the first inn on the left hand going down Old-street ; that H - t rode a little black horse, which was hired of C - kst - e at Mile-end , where he this examinant then lodged; that Wh - e was dressed in a brown suit of cloaths, all of the same; but at that time had in his saddle-baggs, a dark grey coat, a black shag waistcoat, and leather breeches; that H - t was dressed in a brown coat and waistcoat, and leather breeches; that he had an old brown great coat tied before him, but that Wh - e had no great coat: Says J - ks - n was a sailor, but now dealt in horses; is a short thick man, and used to pick pockets. JOHN PRINCE . It was observed by one well versed in these matters, that after this information was known to be on foot, it was designedly or incautiously kept by the prisoner for twenty-four hours; in which time notice for escape and secreting the effects might be given to the parties, and so the design be defeated. That in consequence of it search warrants were issued, and several parties taken up, but nothing was to be found, or proved. It was also humanely observed, with due concern, by a Magistrate, that the matter of this examination did not come before the Magistrates in a due and regular channel, by confession made, in a serious hour and frame of preparation, to the proper Minister of the prison, by whom it might have been laid before them, that they might judge whether it deserved the extraordinary favour of a reprieve sine die, and not merely serve the turn of a short, because ill-founded, respite, by which the unhappy convict underwent the dreadful vicissitudes of hopes and fears, and was at length disappointed, to the great disturbance of his mind, and interruption of the regular progress of his preparation. But whom had he to blame for thus undertaking what he could not perform? But there have been like cases of others, who, when sinking, will catch at these twigs. The matter of this information being referred from authority to three Magistrates, to consider and report whether the case merited a farther respite, it was agreed and concluded to send a written message to Prince, to acquaint him, that his discoveries hitherto were of no service to the publick, and for the most part known before; therefore not to flatter himself with farther favours, unless he could better fulfil his promise; this being signed by the aforesaid three Gentlemen, was sent to him by the hand of his wife, at least nine or ten days before he suffered. Yet he thought proper to keep this whole transaction a secret from me, nor did it come to my knowledge till communicated thro' an authentic hand after his execution: Insomuch that it now seems unaccountable, how he could amuse himself and me with the appearance of hope, without truth or reason, to the last day; sometimes affecting to expect to know more in a few days; again, insinuating that he was sold by those who better deserved the same fate; then to suspect the intercepting or suppressing some paper of intelligence, which he obscurely hinted at by the application of some bank bills; and dropping other half sentences then unintelligible to me; but which, I now conceive, he must know to be impossible to be true, unless he suspected his wife, or could doubt his own eyes in the answer she brought him. And yet it is well known, she was unwearied and importunate in her applications, and strained some points, at her own peril, to save his life. As he was frequently warned by me not to build too much on the renewal of this respite, he assured me he would not; for which he gave an instance; that while he was shopman to a draper in Drury-lane , he was picked out as an expeditious rider, to ride post with a respite for a convict in a distant county for six weeks, which was renewed from time to time for six months; and yet at last he suffered. In the interval of this respite, Prince was far from being composed, but seemed rather fretful and captious. Some ignorant visitor having told him that his life and character was published, much to his disadvantage, being no other, I presume, than the Grub street half-penny speech, he or his friends absurdly took it in their head to suspect, and at last to accuse me, of doing him this ill office. It greatly shocked me, that in the midst of all the best offices I could do him, he should imagine me capable of so much inconsistency. However, considering his ignorance, and the torturing suspence he was in, I patiently gave him all the satisfaction I could, that I never had seen that paper, nor knew what he meant. Still he, in his resentment, seemed unsatisfied, and brought and returned me all the pious and proper tracts I had lent him for his better instruction and preparation. Being calmly asked, how he could do without them? he answered, he had other good books of his own. He still attended the chapel, except an odd day, when in a sullen fit. The last Sunday he had to live, two persons, having desired leave, happened to come with me to go to the chapel; he outrageously attacked one of them, a working Printer, with hand and tongue, seizing him by the collar, was ready to choke him, and using the bitterest imprecations against him, for having published his life; and swore, if he went up to chapel, he would tumble him down stairs. The man assured him (as, I believe, he well could) that he was quite innocent, and an utter stranger to the affair: Prince answered, It was you, or that parson there! Luckily, I had gone first up to chapel, and was not disturbed with this outrageous fray, till after service being ended, and returning to the press-yard, I reproved the man, with some warmth, for neglecting to come up to the service. He then explained the matter, and pleaded his fears of Prince, as a very reasonable excuse. This matter was quickly made known to Mr. A - k - n, who with temper and prudence undertook to set Prince right. By his means he was convinced of his rash judgment and gross misbehaviour, and when visited next day, relented, asked pardon, and expressed sorrow for his fault, of abusing a person who had spoke favourably of him in the account that was then published. And in truth, none of those papers, so offensive to this unhappy man, ever fell under my eye, tho' enquiry was since made to procure one of them. And considering that those ill-timed and ill-natured invectives, against a man in his critical situation of doubt and fear, might lessen his hope of farther mercy, his resentment, tho' foolishly misplaced, admits of some sort of excuse. The two last days he employed chiefly in writing notes and sending messages to some officers of the Mint and the Post-office; one from each of which came, and had private conferences with him, by which he seemed to expect a renewal of his respite: But, in fine, he was told, they could do him no service. On these occasions, he only told me in general, that his mind and conscience was not easy, till he had opened what he had to say to those gentlemen before he suffered, which, he told me, was a discovery concerning the robbery of the Chester Mail: But said nothing of his conversation with the Gentleman from the Tower. And as to his discovery concerning that robbery of the Mail, it is strongly surmised, for good reasons, that it was all hearsay evidence, which he had learned in conversation from his fellowprisoner, G. White aforesaid, who died in Newgate, and is believed to be the person, or one of them, who committed that fact; for neither Prince nor his wife, when closely examined, could ascertain the time when it was committed. He told me it was above a year ago, while his examination makes it only three quarters of a year; and she, from the circumstances of her husband's returning home in a morning, would have proved it to be in June last: whereas it appears, from the Advertisement, to be on the 7th of September last, between three and four in the morning, by two footpads, the one rather a tall man, pitted with the small-pox; the other rather a short man, in a sailor's jacket and a check shirt, &c. He seemed to become very serious and attentive the two last days, in the chapel, when I explained to him, from the chosen Lessons of Isaiah the fifth and St. Luke the sixteenth, and other places, the necessary distinctions between moral good and evil, virtue and vice, obedience and disobedience, and their inevitable consequences; and also the certainty and eternal duration of two opposite states, from the Parable of Dives and Lazarus. When visited the evening before he suffered, several proper and affecting prayers were offered up, in which he humbly and heartily joined. He was very thankful, and expressed his gratitude in the tenderest manner, seizing my hand and kissing it, and shewing great sorrow that he had ever distrusted my care and fidelity, and wished he had placed that confidence in his minister which he put in others. The Morning of EXECUTION. HAving saluted him with a blessing of Peace, and asked him how are you? he said, As well as can be expected. He had two books in his hand, which I lent him a second time the preceding evening. He was asked, have you made good use of those books? He answered, he had, as long as light was allowed him, which was but an hour after I left him at six. Had you any sleep? Yes, he said, he lost himself for about two hours, and then returned to his thoughts and exercises proper for his approaching change. At Prayers and the Administration he behaved with humble and attentive devotion, only seemed too little acquainted with his part of the office, unless directed. After which, he was reminded, to keep in his heart this surest and highest pledge of the love of God, and in his passage to meditate on the articles of the Christian Faith, and these two petitions - Thy kingdom come; thy will be done in earth as it is in heaven: And to comfort himself with the hope that this chastisement is a mark and proof of God's love to his soul, intended by a right use of it to save him from worse, infinitely worse, hereafter. He seemed very thankful, and promised he would comply with these directions. He went down directly, and passed thro' the operation of having his irons knocked off, and his hands and arms bound, with great resignation. He said, indeed, one thing which had better been spared, " That he might " have saved his own life had he put " others in his place; but this he did not " chuse to do." This speech, compared with what has been before related, seems to prove he was not yet purged from the dross of all dissimulation and false pretences. This was his weak side. When put in the cart, he appeared intent on his book, and regardless of any thing that passed around him. There were few spectators here in comparison, and fewer at the place of execution; this execution being scarce known, or expected by the public. When brought to the tree, he seemed calm and chearful; and being asked, said he was very easy. Also, Whether he now acknowledged the justice of his sentence? he answered, there was no fraud intended, nor forgery committed; but as his King and country had found him guilty, he submitted. He added, that nothing lay heavy on his conscience, nor had he any concern, but that dear, worthy, good creature he left behind him; to whom, he assured me, he was married, whatever malicious report may say to the contrary. The usual proper devotions being performed, in which he joined and also the surrounding people, he looked round with a calm countenance, but seemed to want words; he then said, "The peace of God be with you all; I wish you more grace than I have had, and not to come to this sad end which I have brought myself to." Then having received the last benediction, he quietly resigned his life and suffered his sentence. An ACCOUNT of the BEHAVIOUR Of ANNE BAKER, PETER ROBINS , JAMES ROCKET , and TIMOTHY STEWARD . BY virtue of the King's commission of the peace, oyer and terminer, and gaol-delivery of Newgate, holden for the city of London and county of Middlesex, at Justice-hall in the Old-Bailey , before the Right Honourable William Bridgen , Esq; Lord-Mayor of the city of London ; Sir Henry Gould , Knt. one of the Judges of his Majesty's Court of Common Pleas ; the Honourable Mr. Baron Perrott; James Eyre , Esq; Recorder , and others of his Majesty's Justices of oyer and terminer of the city of London, and Justices of gaol-delivery of Newgate, holden for the said city and county of Middlesex, on Wednesday the 22d, Thursday the 23d, Friday the 24th, Saturday the 25th, Monday the 27th, and Tuesday the 28th of February, in the fourth year of his Majesty's reign, five persons were capitally convicted and received sentence of death, for the several crimes in their indictments set forth, namely, Anne Baker , Peter Robins , James Wharton , James Rocket , and Timothy Steward . 1. And on Friday the 23d of March, the report of the said malefactors was made to his Majesty, by Mr. Recorder, when James Wharton , for the robbery of Anne Curtise of 2s. on the King's highway , was respited, and the other four abovenamed ordered for execution, on Wednesday March 28th, and were executed accordingly. 2. Anne Baker , spinster , was indicted, for that she, (together with Anne Hill , James Doleman and John Wright , not taken,) in a certain alley, near the King's highway , on Thomas Porter did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person one guinea and twelve and six-pence in money, numbered, his property, January the 8th. The prosecutor, Thomas Porter , a seafaring and lighter-man , who then lodged on Snow-Hill , drinking a pint of beer at the Bell in the Old-Bailey , fell into this ill company, and had a quarrel raised against him, for speaking a word to save the prisoner from the stripes of a rattan; he went out to avoid them; and the two women, mentioned in the indictment, followed him close, under pretence of getting some persons to see him righted. They got the two men abovementioned. They decoyed him from one alehouse to another, between Fleet-Market and the Old-Bailey , from seven till twelve at night, and then the women persuading him to see them home to White-Cross Street , they led him round through Chick-Lane , to Black-Boy Alley , where the prisoner, by a frightful whistle which she blew, had him surrounded by five, in a moment. The four now mentioned, struck and wounded him terribly, saying, they would have his money, life, and clothes; and then dragging him by the legs along the street, they held him down, rifled his pockets, cutting one of them out with a knife; this made him cry out, Murder, help, mercy. The prisoner said, Blast him, murder him, &c. Some door opening at that instant, they fled. He caught Wright and hauled him up Chick-Lane; a watchman said, he dared not to assist the prosecutor, among such a number of thieves as are in that lane, for fear of being murdered; and he was advised to let go the robber, which he did. The prisoner was taken the second night after, by a warrant from Sir John Fielding , and by help of some of his men, at the said Bell ale-house . Having denied the charge as long as she could, with great impudence and imprecations, she at last confessed it, and impeached her accomplices, saying, she and Anne Hill had 6s. each, and the two men 12s. each; that they lay together that night; and she was an unhappy woman. All which is confirmed by several other witnesses. Being convicted, she, with the other two Protestant convicts, attended the chapel, February the 26th, and before prayers heard an exhortation suited to their sad case, with which they seemed deeply affected. On Tuesday afternoon, the 28th, they received sentence of death. After this they were daily instructed in a manner suited to their gross ignorance, and evil habits, and taught to join in the service, with which they seemed little acquainted. Baker could not read, and required the more labour to be laid out in teaching her. She said she was only nineteen years of age, the daughter of a Printer, of the name of Craddock, born in St. John's Square , Clerkenwell ; the name of Baker being that of her husband, a sailor, now abroad; that while her father lived, she got a little instruction, and could read; but he dying, left her poor mother a widow, with five children, about four or five years ago; in her tenth year she had a fever, which hurt her eyes, so that she was blind nearly for a year, and so lost her reading. When recovered, and at a proper age, she was put out by the parish of St. Bride's , to a man in Rosemary-Lane , to learn the business of closeing shoes, and dealing in old cloaths ; here, she described her treatment to be so very bad, that she ran away, and made her complaint to the parish officers. They passed her back to Whitechapel parish , in which her master lived, to whom she was compelled to return, and was then treated worse than ever; for she said, he was the first that corrupted her, and used to lock her up, and force her to yield to his wicked purposes. She then fled from him entirely, and went and hired herself at the Blue Ball and Crown in Black-Friars , a publick house, where she lived for two years. But being seduced by some unhappy young girls like herself, she then went to a house of ill-fame near Fleet-ditch , begun to walk the street, and has been in these wretched and detestable courses for some years, so that she now seemed languid, distempered, and decayed, at an age when youth and virtue would have ripened her into blooming health and strength. She was free to confess she had lived in several bad houses, partly as a servant , and partly as a guest. She owned she was in company with the prosecutor, and the other men, who frequent those houses, and go a thieving; but denied the most odious and cruel parts of the charge against her, pretending she knew not the men had robbed and abused the prosecutor, till she heard him cry out murder, and then she ran away. They were duly warned not to dissemble and hide their sins, but to repent of them all without reserve. After the Death warrant she seemed so far convinced of this duty, that she humbly and heartily opened several acts of theft she had been guilty of; such as going off with a guinea now and then, of a guest, which was entrusted with her to change; and once she stole three guineas of a sick man, whom her mother was a nursing. She was also concerned in the robbery of a man at the Turk's Head Bagnio , in Catharine-street , near the Strand . While the Death-warrant was delayed, she and her-fellow convicts seemed to forget their condition and to relapse into bad habits and filthy conversation; but when she found she must die, she wept and lamented much; was filled with sorrow and shame for her past sinful life, and became more thoughtful and serious than ever. By help of the plain instructions which were daily given them, she endeavoured to prepare herself with all the requisites for receiving the holy communion; and after careful examination and repeated instruction, was admitted to it the day before she suffered, not without hope and comfort. 3. Peter Robins , Charles Galliher , and Jane Godfrey , otherwise Simonds , spinster , were indicted, for that they, on the 16th of January, about the hour of one in the night, the dwelling house of Christian Watts did break and enter, and steal one large silver salver value 5 l. one silver apple scoop value 2 s. two silver tea spoons value 2 s. one silver table spoon value 6 s. two silver dessert forks value 3 s. one pair of cotton stockings value 2 s. one pair of worsted stockings value 2 s. one canvas bag value 1 d. and 20 s. in money numbered, the property of the said Christian, in her dwelling house. This burglary and robbery is the more aggravated, as it was perpetrated against a lonely gentlewoman in years, at Staines , Middlesex , afflicted with deafness, and unguarded by any company in her house, which stands alone in the Hampton Road . In the morning of the 16th or 17th of January, she found the glass of her window had been broke, the sash of the staircase unscrewed, her chamber door broke to pieces, which had been fastened with a lock and bar, her pocket taken from under her head, emptied, and thrown in the passage; five locks broke; the several things mentioned in the indictment missing, besides a feather-bed thrown out of a window into the garden. Three of her neighbours, being called in, were eyewitnesses of the damages, to which they gave testimony. Mr. Bolt, by applying to Sir John Fielding , and advertising the particulars, traced the affair to the prisoner Robins, who was stopt with the salver, on Sunday the 22d of January, by Mr. Hebbleswaite, a Watch-maker, in New-Street, St. Martin's in the Fields, and given in charge to Mr. Sheffield the Constable. He said first, it was a family piece of plate, that belonged to his mother. Then, before the Magistrate, that it was thrown at him, by a man galloping by his door, with several other improbable falsehoods, till at last the prosecutrix coming to town, and swearing to the property, he declared the truth in all its circumstances, discovered his two accomplices, and that he had sold the rest of the plate at Mr. Master's, a Silver-smith, in Coventry-Street, where they found it. Jane Godfrey was taken in the street, and Galliher in his bed at Egham : She swore against a fourth person, who being taken up, and examined, was set at liberty, being thought innocent. She would have turned evidence, but was not judged, by Mr. Bolt, sit to be credited. The prisoner in his defence denied no part of the evidence given against him, but rather confirmed it, by admitting he first named the person to be robbed, in very abusive and opprobrious terms; which terms expressed more vengeance against the injured prosecutrix, than a sense of his own guilt, or the least remorse for it at this time. Bad symptoms, indeed! which glared so strong against him, that they probably contributed to countervail all the powerful interest since used to save his life. There being nothing found on the other two accomplices, nor no evidence against them, but that of the prisoner; they are acquitted and let loose. But let them be warned, by his fate, how they intangle themselves again. For some time after conviction Robins said he could not read, but stood silent in the chapel, and took no proper books to assist him in the cell: For this reason, perhaps, Wharton, his fellow convict, was put in the same cell to read to him, till they disagreed in about a week, and were parted; when it came out that Robins could read a little tolerably, and having books put into his hands, began to apply himself to it, both in chapel and in private. His case and condition having been strongly and frequently represented to him, he seemed really affected; he began to look serious, dejected, and terrified, and to give more earnest heed to instruction. He was naturally of a good spritely countenance, about twenty-four years of age, well-made, of a middle size, seemed strong and active, and capable of doing much good, or evil. It should have been mentioned before, that when first questioned, what he was convicted for? he put on a piteous face, and said it was for robbing a house, but he was never in it, nor near it. This was gross prevarication, after all that he had confessed, and was proved against him. He was reminded, that he was now in a situation, where the hiding of his guilt could be of no service to him, in the presence of him to whom his heart, life, and actions were open and visible; to whom if he denied his guilt, it was not only vain, but must seal his destruction. On this he was silent for the future about his innocence; and only insisted that this was his first fact; and from this he never departed. His meaning in the former assertion he explained to be, that he was not one of those who broke into the house, but only stood at the window and received the goods, and, to his cost, sold them too. On his insisting that this was his first and only fact, he was told it was otherwise believed and reported by those who knew him at Staines . He seemed surprized, and appealed to his character there; and pleaded the common excuse, that he was in liquor when he did this. He told me he was born in Northampton , that his father was a plumber and glazier; which business he had not thoroughly learned, but used to work at house-painting at Staines , and sometimes at London ; that he used also to break and ride young horses. He did not mention, what I heard from others, that he was some time in the light horse , and of Lord Albemarle's troop; which being reduced, he was discharged. Also that he could earn 20s. a week as a plumber . He was married to a young woman of a decent family at Staines , by whom he has left issue. His wife and brother are said to have been very active in applying to get his sentence mitigated, and some great personages spoke for the same favour, but could not prevail. He, with the other convicts, had relapsed into a scene of very indecent conversation about the 18th of March, while the sword of justice seemed suspended; but being reproved, and the danger of so hardened and desperate a temper set before them, they seemed to relent, and behave better the few remaining days. After the Death-warrant he was remarkably composed, and said he expected no other, and hoped he was on a good foundation. On expressing his preparation and desire, he was admitted to communicate. Wharton also, who is respited, humbly and devoutly joined with them in this duty, the day before and the morning they suffered. On the 25th, being the last Sunday they had to live, the nature, end, and institution of the holy communion was summed up to them a-new, before prayers. The prisoners in general were serious and attentive, and the convicts behaved with deep humility and sorrow. Then followed the morning-service. From the first proper lesson, Genesis chap. xxxix. the two very contrary characters of faithful Joseph, and his lewd, perfidious, and vindictive mistress, were contrasted and set in opposite points of view. The blessing and prosperity of Joseph sprung hence, that the Lord was with him, and preserved him in purity of heart and integrity of life; while they who forsake God are left to themselves, to work their own ruin. The epistle for the day, Ephes. ch. v. proved exactly suitable to warn and reprove these backsliding convicts, and other prisoners, for their bad habits and conversation, which was therefore opened and applied to them. For this ye know, that no whoremonger, nor unclean person, nor covetous man who is an idolater, hath any inheritance in the kingdom of Christ and of God: The conscience and experience of sinners joining to convince them, that (without repentance) the punishments are and will be inflicted, as sure as denounced. Let no man deceive you with vain words: for because of these things cometh the wrath of God on the children of disobedience. In the afternoon they were farther instructed from the ixth chapter of Jeremiah, and the xiith chapter to the Hebrews, and from other proper portions of Scripture on different occasions. 4. James Rocket , otherwise Price , and Timothy Steward , were indicted, for that they (in company with Joseph Redmond , sick in gaol) in a certain footway, near the King's highway , on John Pennington did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person a metal watch, value 3l. three metal seals, value 12d. a brass watch-key, value 1d. three guineas and five shillings in money numbered, his property, November 20. This fact was brought home to the two prisoners, on the evidence of one of their accomplices, Joseph Lowther , (there being five of them concerned) supported by the prosecutor's swearing to both Rockett and Steward; and also by Henry Jacobs , son of a Jew Silversmith in Wapping , to whom the said two prisoners sold the watch and seals for a guinea, and the property of which was also sworn to by the prosecutor. He was first cruelly knocked down with a poker by one of this inhuman gang, who is now a respite in Newgate. Pennington being somewhat in liquor, and a stranger about those parts of Nightingale-lane and East Smithfield , had enquired his way of them, and was making home through Chelsea to Battersea , where he lives, and is a Slater , Plaisterer , and Painter . These five seafaring men were prowling about, and had formed a scheme to rob a Chandler's shop of the till, while one of them was buying some bread and cheese: This being prevented by the people being on their guard, they were looking out for some other prey when they met with this unlucky man, whom they marked out, followed, and beset, till they treated him in the manner described. 'Tis well the knot is broke! James Rockett told me his true name is Lockart , that his father was a Scotchman and belonged to the army, and his mother an Irish woman; that he was born in the English camp, then in some part of Germany ; he pretended he was but sixteen years of age, but it proved afterwards he could not be less than twenty-two or twenty-three years old, for he was said to be an old offender, and companion to Steward, who owned himself to be about that age. They were often invited to attend our service, but refusing to come, they were warned not to trust in any other means of salvation without true repentance, and an entire change of mind and manners. They had enlisted themselves under a different persuasion, and would give little account of their past life. They were both illiterate, and very ignorant. Timothy Steward was born at Knightsbridge , where his father lived some time, and, as he said, was one of the Gardeners of Kensington gardens, which employment, I was told, he quitted for that of a Coal-heaver in the river, and about Wapping , in which neighbourhood his mother now lives. This lad served his apprenticeship to the sea in a vessel out of Scarborough , in the coal trade , and was afterwards in his Majesty's service for two years. When asked what religion his parents professed? he answered, he knew not, for they taught him none, nor ever made him go to any place of worship, to which he and his companion were strangers. No wonder, will the serious reader be apt to say, they were brought to this untimely and shameful death! Their religion being to chuse, and they incapable of making any distinction, it was said in the prison they chose the church of Rome, on account of some emoluments allowed them. These two behaved careless and insolent till they found themselves included in the Death-warrant, when they appeared more thoughtful and humble. On the Morning of EXECUTION. ANN Baker and Robins, when visited, were found in a composed and hopeful temper, as they were left the day before. Baker said, she had asked pardon of her mother for all her disobedience and rude behaviour to her, and had taken leave of her mother and sister in peace. Robins confessed nothing farther. The usual good offices in the chapel were performed for them, and they seemed well supported and resigned. About nine these two were put in one cart, and Rockett and Steward in a second; one of the latter, viz. Rockett, behaved with levity, dancing in the cart, and calling out to some sailors in the crowd, What ship, brother? He was in a different temper at the place of execution, where he confessed, "he was in the company that committed this robbery; but had deserved this death for other facts more than this; that he would not take warning, though he had been transported from Hicks's-hall, but returned from the Havanna in a King's ship, and fell again into bad company at Saltpetre-bank." Steward denied "he had been long in these courses, but was foolishly drawn into this fact." Robins was very easy and calm; both he and Baker behaved with great devotion, and were prayed for by the surrounding multitude, at their own request. They warned others to beware of bad company and bad courses; to which purpose Baker repeated this couplet: Take heed ill company and vice to shun, Lest soon like mine your glass may run. When prayers were ended, and I had parted from them, she fainted, and was only supported by the cord; after which they quickly suffered their dreadful sentence. This is all the account given by me, STEPHEN ROE , ORDINARY of Newgate.

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THE Ordinary of NEWGATE HIS ACCOUNT OF The Behaviour, Confessions, and Last Speeches of the Malefactors that were Executed at Tyburn on Monday the 17th of March, 1717/1718. AT the General Sessions held at Justice-Hall in the Old-Baily, on Thursday and Friday the 27th & 28th of February last, and adjourn'd to Thursday the 6th instant, Thirteen Persons, viz. Eight Men and Five Women, that were Try'd for, and Convicted of several Capital Crimes, receiv'd Sentence of Death: But Three of the Women being found Pregnant, and another, with Three of the Men having obtain'd HIS Most Sacred MAJESTY'S gracious Reprieve (which I wish them Grace duly to improve) Six, viz 5 Men and 1 Woman only, are now order'd for Execution. While they lay under this deplorable State of Condemnation, I constantly visited them, and had them twice every Day brought up to the Chapel of Newgate; where I pray'd with them, read and expounded the Word of GOD to them, and instructed them in those Points of Religion which were most proper for them both to know and to practise, endeavouring to make them sensible, and repent of their past Sins, and to pray for that Grace, by the Divine Power whereof they might be rescu'd from under the Slavery of Sin and Satan, and admitted into the glorious Liberty of the Children of GOD. This was the Drift and Purpose of my Daily Admonitions to them: And, On the Lord's Day the 2d instant I preach'd to them, both in the Morning and Afternoon; and the Words of my Text (taken out of the Second Lesson for that Morning-Service) were these, Luke xiii. 3. I tell you, Nay: But except ye repent, ye shall all likewise perish. In my Explanation of these Words of our Blessed Saviour, I first shew'd the Occasions upon which they were both spoken here, and repeated at the 5th Verse; and then observ'd, How Almighty GOD (in his Dispensations towards the Children of Men) does punish some Sinners with sudden Destruction, and others He reserves for future Judgment; thereby teaching us speedily to repent, lest (in our Security) we may be surpris'd, and have neither Room nor Time left us for recollecting our selves, and amending our wicked Lives: A miserable Condition! which those wretched Sinners shall be reduced to at the last, who shall be thus overtaken by the Divine Ven geance, for having presumptuously abused the Divine Mercy that had spar'd them so long, not as allowing them to continue and go on in their sinful Course, but giving them Opportunity and Encouragement to reform, and become wise unto Salvation, before it be too late; for says the Apostle to the persisting harden'd Sinner, Despisest thou the Riches of God's Goodness, and Forbearance, and Long-suffering, not knowing that the Goodness of God leadeth thee to Repentance? Rom. ii. 4. The Useful Doctrine taught by Our Blessed Saviour in the Text I endeavour'd to set in its true Light; shewing, 1st, That Punishments (whether present or future, i. e. whether sudden or delay'd) are by the Supream Judge and Governour of the whole World inflicted upon Men for their Sins; and, That more signal and severe Punishments will certainly be their Portion, who are guilty of more signal and heinous Offences and Provocations. 2dly, That though God Almighty, in his Justice, does sometimes suddenly punish some Sinners for great and notorious Sins; yet He, in his Mercy, usually spares more than He does thus signally punish. 3dly, That therefore none ought to conclude from such signal and extraordinary Judgments, that the Persons so punish'd were greater Sinners than they who are spar'd. 4thly, ult. That the best Use Men can make of the Reports or Spectacles of Notorious Offenders, thus punish'd in an extraordinary manner, is presently (and without delay) to examine themselves, and to repent, lest they also perish, and come to a fearful End in this World, and be at last eternally undone, and brought to unspeakable and endless Misery in the World to come. In speaking to these Particulars, I chiefly did these two Things. I. I gave my Auditory some Warnings and Cautions against Sin. And, II. I offer'd them some proper Remedies for Sin. Which having done, I then concluded with particular and sesonable Admonitions to the Condemn'd, exhorting them to apply to themselves (in an especial manner) what had been here deliver'd to them in general concerning God's Judgments upon Sinners, and Sinners indispensable Duty and Interest to Repent. Again, on the Lord's Day the 9th instant, I preach'd to them, both in the Forenoon and Afternoon, on Eccles. xii. 14. For God shall bring every Work into Judgment, with every secret Thing, whether it be Good, or whether it be Evil. From which Words, and from other Scripture parallel thereto, I shew'd, I. That all Men, and all their Works, shall be brought to Judgment. II. That that Judgment is Certain, and will be most Exact. III. ult. That therefore it highly concerns every one to make due Preparation for it, and avoid the intolerable Severity of it by Faith and Repentance; which Men ought to beg of GOD, the Giver of every good and perfect Gift; Jam. i. 17. Yesterday, the 16th instant, being the Lord's Day, when I expected James Sheppard should be, but was not, brought up to the Chapel with the rest of the Prisoners condemn'd, I preach'd upon these Words of GOD in Exod. xx. 13. Thou shalt not kill. From which Words, ilustrated by several other Texts I quoted out of the Old and New Testament, I shew'd, I. The heinous Nature of the Crime of Murder. II. The Severe Punishment due to it, which is irremissible, as the Fact is irreparable, in this World. III. ult. How the Person guilty, ought carefully and thoroughly to repent of it, and also of all other Sins, chiefly those that might have had a tendency to this. Upon these I enlarg'd, and then proceeded to the Application; concluding the Whole with particular Admonitions, suitable to the sad Circumstances of them that were under Sentence of Death; who seem'd (most of them) to be very attentive to my publick Instructions, as they were to my private Exhortations and ghostly Advice, seriously hearkening to what I taught and offer'd to them from the Comfortable Word of God, for the good of their Souls; who earnestly desir'd my Prayers for them; which they had, and which, I hope, were heard by Him, to whom Holy David makes this his Address in Psal. 65. 2. O Thou that hearest Prayer! Unto Thee shall all Flesh come. In my more retir'd Conversation with these dying Persons, they gave me the respective Accounts of themselves, which follow. I. Ferdinando Marquess de Paléotti , condemn'd for Stabbing his Servant John Niccolo , on the 11th of February last. He said, he was 38 Years of age, born of a Noble Family in Italy, brought up in the Roman Catholick Religion, and had been for many Years past an Officer, and was actually a Colonel of a Regiment of Dragoons in the Emperor's Service. In my frequent Visits to him, and Conversation with him in French, which (next to his Mother-Tongue) was the Language he understood best, he express'd a great deal of Uneasiness at his close Confinement and his Fetters; an Usage, he said, he had never met with before; and upon that, was very much dissatisfy'd and impatient. He deny'd the Murder he was condemn'd for, and would not at first hear any-body talk to him of Repentance; saying, He was a Man of Honour, who never did a base thing, nor injur'd any Man. It was a great while before he could be brought to a serious Consideration of a Future State, and of the Duty incumbent upon, and the great Necessity there was for, every Man (Dying Men especially) to make a due Preparation for it; but at last he seem'd to be more affected with what was laid before him in this weighty Matter, and said, He was obliged to me for my good Advice, and he would follow it: And so I hope he did; for as Death made its nearer approach to him, I perceiv'd he grew more considerate, and more devout. Hearing from many Persons, That he had kill'd several beyond Sea, I did ask him, Whether it was so: To which he gave me this Answer, That he never did any such thing; never was guilty of Murder. At the Place of Execution, whither he was convey'd in a Mourning-Coach from Newgate between 6 & 7 of the Clock this Morning, I was willing to attend him, if he desir'd it; but he thank'd me, and only desiring my Prayers, said, He was a Roman-Catholick, and there was no great Need of my taking that Trouble: So I did not go; and therefore can give here no Account (of my own Knowledge) concerning his Behaviour there. 2. Mary Lovelock , condemn'd for breaking the House of Mr. John Williams , and stealing thence a Silk-Damask-Gown, a Petticoat, and other Goods, to the value of 8 l. on the 1st of July last. She said she was about 50 Years of age, born in the Parish St. Botolph, Aldgate : That her Employment was to cry about the Streets Old Cloaths ; and, That she never committed any criminal Fact before this, which she readily confess'd, wishing she had not done it. She could not read, and was very ignorant; yet she said she had always serv'd GOD to the best of her Ability, us'd frequently to go and hear Sermons, sometimes in her Parish-Church, and at other times at St. Mary's, Whitechapel . This is the whole Substance of the Account she gave me of her self, whom I found pretty well dispos'd to receive my Instructions in Meekness, and was in appearance desirous to profit by them. 3. John Bill , condemn'd for a Burglary by him committed in breaking the House of Mr. Edward Buckley , on the 3d of January last. He said he was 26 Years of age, born at St. Edmond'sbury in Suffolk : That he liv'd with his Father, a Butcher there, till 15 Years old; and then came up to London , and was a Servant to an Officer belonging to the Army, and afterwards leaving that Service, listed himself a Soldier in Colonel Britain's Regiment, in which he serv'd about 2 Years in Spain, and then being taken Prisoner by the French, was carry'd to Troy in Champagne , where he remain'd 2 Years and 14 Days, and had good Usage: That having at last obtain'd his Liberty, he was listed again into the Service, as a private Centinel in Colonel Temple's Regiment; in which he serv'd 2 Years in Flanders: That this Regiment being broke, he went home to his own Country, and follow'd the Butcher's Trade , as he had done before with his Father, who was now dead: That when he had been in that Occupation about a Twelvemonth, he came up to London again, and listed himself in the Second Regiment of Foot-Guards, but did not continue in it very long; for being disabled by the Wounds he had receiv'd in the Army, he was soon discharg'd, and never sought for Admittance into the Invalids at Chelsea, nor for a Pension. This is the Account of his past Life and Adventures; adding, That he never was much addicted to Swearing, Drunkenness, and Whoredom: and, That he never committed any Crime, and was clear in his Conscience of that he now stood condemn'd and must die for. But afterwards, upon my admonishing him not to presume to add Sin to Sin, by denying the Fact he was found, and probably guilty of: He said at last, That if he had done it, he repented of it, and would then say no more, nor be ask'd any further Questions. He was very ignorant and stubborn: He could not read in the least, nor knew so much as the Lord's Prayer, and seem'd to be very indifferent about being better inform'd. Yet I endeavour'd (according to my Duty) to instruct him, as far as possible, in the Principles of Religion, and shew'd him the Necessity he was under to pray to GOD for Grace, that he might truly Repent, and be eternally Sav'd. 4. Thomas Miller , alias Millard , condemn'd for 5 Robberies by him committed (chiefly) upon the King's Highway; to all which he pleaded Guilty: And they were these, viz. 1st, Stealing a Bay Mare, value 7 l. and 2dly, A Coat and Waistcoat, with other things, being the Goods of Mr. Tho. Levin , on the 28th of December last. 3dly, Assaulting Mr. William Diason , and taking from him a Mare of the value of 40 s. and 22 Shillings in Money; and 4thly, Robbing the said Mr. Diason of 6 Guinea's; 5thly and lastly, Stealing a Cloth, value 10 s. from the Person of the said Mr. Diason, on the 10th of January last. Having own'd all these Robberies, and said, he had committed many more, he afterwards gave me the following Account of himself, viz. That he was 21 Years of age, born at Uxbridge in Middlesex : That when but young his Father dying, he was left to the Care of an Uncle of his, who bound him Apprentice to a Butcher in London : That after he had serv'd 2 Years of his Apprenticeship, he bought off the remaining Time he had to serve, and bound himself Apprentice to a Lighter-man , designing, when he had serv'd out his Time, to have turn'd a Coal-Merchant , by the Help of his Uncle, who was both able and willing to set him up in that Business; but he continu'd no longer in this Service than he did in the former, i. e. about the term of 2 Years, and then less his Master, and went to live with his Uncle again. That after he had been about a Twelvemonth with him, and all the while troublesome to him, making him very uneasy by his Extravagant way of Living, he at last went away from him, that he might have a larger Scope to act according to his Mind, and give a full Swinge to his loose Fancies: That when he was thus without any Restraint, he began to rob on the Highway, stealing Horses, &c. In which wicked Practice he said he had not been engag'd much above 8 Months, and within that time had committed about 15 or 16 Robberies: But he thank'd GOD he never had attempted to kill any Person. He seem'd to be very sensible of his past Follies and Sins, and to repent of them. Upon my telling him that he ought to restore to the right Owners the Things he had unjustly taken from them, or otherwise to make them Amends for the Injuries, as far as possible: He said, That was already done, and shew'd he understood this to be a necessary part of his Repentance, that a Man does not truly repent (as he ought to do) who does not undo and repair as much as he can the Evil he has been so unhappy as to commit. A few Days before his Execution, he was taken very ill of a violent Fever, and so continu'd growing worse and worse; yet strove as much as possible to discharge the Duties of Religion, and duly prepare his Soul for a happy Eternity. 5. Charles Lodge , condemn'd for breaking the House of Mr. Michael Grimshaw , and stealing thence 2 Brass pots, a Copper pot, and other Goods, on the 31st of December last. He said, he was 17 Years of age, born in the Parish of St. Giles near Cripplegate , London ; That his Father, a Pin-maker , brought him up to that Trade, and he carefully and constantly wrought at it: That he never did any ill Fact in his Life, before this; and that he would not have done it, had not the Evidence against him (who was a near Neighbour) made him fuddled, and then perswaded him to go with him, and assist him in the breaking and robbing of the said Mr. Grimshaw's House. But when I told him that he was at this Sessions Try'd for, and Convicted of another Fact, viz. the stealing felonio a Box and 4 l. of Rhubarb, out of Mr. Joseph Pargiter 's Shop, on the 1st of Febr last, he could not deny it. Then, upon my asking him how he had liv'd, he fess'd, That he had been very unuly and undutiful to his Parents, and of late betook himself to ill Courses. Thus far he went in his Confession; but whether he was now sensible that his Undutifulness to his Parents had made way, and prepar'd him for the Commission of bolder and more dangerous Offences, and so brought him at last to this shameful End, is what I could not at first perceive in him; but at last he was very penitent. At the Place of Execution, to which they were this Day carry'd from Newgate, I exhorted them to clear their Consciences throughly, and more and more to raise their Hearts to GOD, and to repent of all their Sins: Then I pray'd and sung a Penitential Psalm with them, and made them rehearse the Apostles Creed; and finally recommended their departing Souls to the boundless Mercy of GOD. Most of them desir'd the Spectators to take Warning by them, and pray for them. After this they apply'd themselves to their private Devotion, for which they had some Time allotted them. Then the Cart drew away, and they were turn'd off, each of them expiring with these and the like pious Ejaculations in their Mouths: Lord, have Mercy upon me! Christ, have Mercy upon me! Lord Jesus, receive me! &c. NB. Mary Lovelock Thomas Miller , and Charles Lodge , who before had, now again (and that more unreservedly) acknowledg'd the Guilt of their several Facts; and John Bill , that hitherto deny'd, did here at last confess the Justice of his Sentence. This is all the Account here to be given of these Dying Malefactors. And as for James Sheppard , condemn'd (and this day executed) for High-Treason, there will be a Large Relation of him publish'd on Wednesday next, by me PAUL LORRAIN , Ordinary. Monday, March 17. 1717-18. ADVERTISEMENTS AN Advertisement having been publish'd on the 27th of Sept. 1715, in the Post-Man, asserting the Gout curable, since which time (as well as before) many are living Witnesses to the Truth thereof, as shall be shewn when requir'd: The Author being encourag'd, from his Never-failing Success, doth let the World know, that he can undertake the Cure of the Gout and Rheumatism, although in the Head and Stomach, No Cure, No Money. He cures the Wind-Cholick, Dropsy, Stone, and Gravel, and all Obstructions of Urine, with many other Chronick Griefs, viz. Scurvy, Scrophulous Tumors and Swellings of all sorts. He cures the Quotidian, Tertian, and Quartan Agues: [The Poor have Advice gratis.] The Author, for some Reasons, would have declin'd this Publication (for he can live without it) were it not Sin to cease to do Good. He is to be spoke with at the Bulls-Head in Butcher-hall-lane, Newgate-street, from 8 to 12 in the Morning, and from 2 till 6 in the Afternoon. New BOOKS printed for S. Briscoe. THis Day is publish'd the Third Edition of the Second and Last Volume of Mrs. 's Histories and Novels (which makes her Seventeen Novels entire in 2 vols.) containing, 1. Mons. Eontenelle's History of the Plurality of Worlds. 2. An Essay on Translation and Translated Prose. 3. History of Oracles and Cheats of the pagan Priests, written in Latin by Dr. Vandale. 4. The Unfortunate Bride. 5. The dumb Virin, 6. The Unfortunate Happy Lady, 7. The Wandring Beauty, 8. The Unhappy Mistake. With Mrs. Bebn's Effigies curiously engrav'd by Mr. White Printed for D. Brown, S. Biscoe, W. Mears, J. Brown, and F. Clay, at Temple-bar. On Saturday will be publish'd, in Pocket Volumes, on a new Elzevir Letter. FAmiliar Letters of Love, Gallantry, and several Occasions, by the Wits of the last and present Age, viz. Mr. Butler Author of as, Mr. Flatman, Mr. Dryden, Mr. Con, Mr. Wycherly, Mr. Dennis, Mr. Farquhar, Ed. Wards, Mr. Moyle, Mr. Otmay, Mrs., Mrs. Manly, Mrs. Trotter, Mrs. Cent Livre,- Sir Roger L'Estrange -Sir John Denham , Sir Geo. Etheridge , Ld Clarendon, Ld Dorset, D. of Buckingham, D. of Devonshire, &c. from their Originals, with their Effigies curiously engrav'd by the best Masters; together with Tom Brown 's Remains, being Letters and Dialogues on the Times (not printed in his Works) the Whole collected in 2 vols. Printed for S. Briscoe, R. Smith, E. Symons, J. Osborn, J. Brotherton near the Royal Exchange; W. Taylor, A. Betsworth, J. Batley in Pater noster-Row; J. Brown, W. Mears, F. Clay at Temple-bar; J. nes, J. Graves at St. James's, and John Morphew near Stationers-hall . Also the Works of Mr. Thomas Brown , 4 vols. 12° At the green Ball near the golden Cock the lower End of Bow-lane, lives a Gentlewoman who has. A Certain, safe, and infallible Cure for the Tooth-ach, without drawing, and so effectually, that the Pain will never return again; it also fastens those that are loose to admiration, and preserves 'em from rotting or decaying; and a Powder that makes 'em as white as Ivory. She hath a most excellent Secret to prevent Hair from falling off, causing it to grow wherever 'tis wanting, and alters red or grey Hair to a delicate light or dark brown, which will never change. She shapes the Eyebrows, making 'em very beautiful, and takes away all superfluous Hair from the Face. She cuts Hair very finely. She hath likewise a most incomparable Wash to beautifie the Face; it plumps and softens the Skin, making it and smooth, takes away all Freckles, Tan, Morphew, Pimples, and Redness, preventing Flushings. It hath nothing of Paint, nor any Poysonous Mercurial Preparation in it.

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THE ORDINARY of NEWGATE his ACCOUNT, Of the Behaviour, Confession, and dying Words of the Malefactors, who were Executed at Tyburn, on Friday the 7th of this Instant February, 1729. BY Virtue of his Majesty's Commission of the Peace, and Oyer and Terminer, and Jail-Delivery of Newgate, at the Sessions held at Justice-Hall in the Old-Baily , (before the Right Honourable Sir ROBERT BAYLIS , Knt . Lord Mayor of the City of London ; the Right Honourable the Lord Chief Baron Pengelly; the Honourable Mr. Justice Reynolds; the Honourable Mr. Baron Thompson, Recorder of the City of London; and Mr. Serjeant Raby, Deputy Recorder; with other of his Majesty's Justices of Jail Delivery, and Oyer and Terminer aforesaid; together with several of his Majesty's Justices of the Peace, for the said City of London, and County of Middlesex) on Thursday, Friday, Saturday, Monday and Tuesday, the 16th, 17th, 18th, 20th, and 21st of January, 1729, in the Second Year of his Majesty's Reign. Six Men, viz. Thomas Neaves , Daniel Crawfoot , William James , alias Ives , Jeremiah Cray , William Davis , and Thomas Revel , and one Woman, Elizabeth Cook , were Capitally Convicted, and receiv'd Sentence of Death: and Judith Hollaway , who had been Capitally Convicted and Sentenc'd, at the preceeding Sessions holden at the Old-Baily, on Wednesday, Thursday, Friday and Saturday, the 4th, 5th, 6th and 7th of December, 1729. While under Sentence, I instructed them from Mat. 16. 24. Then said Jesus unto his Disciples, If any Man will come after me, let him deny himself, and take up his Cross and follow me. That troubles and afflictions were the common lot of Mankind, and therefore whatever cross dispensations we meet with; it is our Duty willingly to submit, since they are a cup dispenc'd to us by our Father; our Heavenly Father, who knows best what is good for us, who afflicteth no Man willingly, nor grieveth the Children of Men. I show'd them that Christ, the Captain of our profession, the Author and finisher of our Faith, was a Man acquainted with griefs, and that we hid, as it were, our Faces from him; and that in conformity unto him, all those who live Godly in Christ Jesus must suffer persecution: i. e. as he suffer'd patiently for our sake having no Sin of his own, so we ought patiently to endure all the afflictions which are brought upon us, as a just chastisement for our Sins, still acknowledging, that the Punishment of our Iniquity in this Life, is infinitely less than what we have deserv'd, and therefore why should a living Man complain, a Man for the Punishment of his Sins? And as all Men are are thus liable to manifold afflictions, for, Man that is Born of a Woman, is of few Days, and full of trouble: so much more are those unfortunate People, who by their enormous crimes have expos'd themselves to the penalty of the Laws, and become unworthy of breathing any longer in the common Air, but must submit to the Punishments inflicted upon them, as proceeding from a just and good God, who, by thus humbling them, intended their special advantage to reclaim them from Sin, and make them enamour'd with the ways of Piety and Virtue, that although their Bodies may Perish, yet their Souls may be saved in the great Day of the Lord Jesus. I exhorted them to an ample Confession of their Sins, as the way to die with Peace of Conscience, and in the Peace of the Church, as being an evidence of their Repentance, and the main reparation they could make for the injuries they had done to Mankind. I inform'd them, how they had been early dedicated to God in Baptism, to deny themselves to the World, the Flesh and the Devil, and that having vow'd and sworn Fidelity and all due obedience to Almighty God, and the Laws or Precepts of Jesus Christ, yet having broken their Baptismal Vows in many respects, and having wholly given themselves up to the Service of Sin and Satan, therefore, God had now rejected and given them up to their own Hearts lusts, and suffer'd them to fall into those Notorious Capital Crimes, which brought them to so much Shame and Sorrow. When these and many like Instructions were given, Thomas Neves for the most part behav'd himself decently; and was the only Person among them, who could, or did make regular responses, but sometimes he smil'd and spoke to disturb others, as his fellow Prisoners, and others observ'd; he was of an abdur'd, insolent Temper, and reproofs were of little avail to him. Daniel Crawfoot , having been of another Communion, behav'd very gravely and devoutly, but in making responses did not Speak out, as not accustom'd to our manner of Worship, but look'd upon the Prayer Book, and had his Bible always in readiness, when Chapters were read, or citations made. Jeremiah Cray , behav'd very Devoutly, and (to appearance) Penitently, as did William James , alias Ives , and Mrs. Cook who always declar'd herself sincerely Penitent. Judith Hollaway , who had been kept since the preceeding Sessions in December last, always appear'd very Penitent, Grave and Devout, and declar'd her self wholly resign'd to the will of God. The other two never came to Chappel, having been grievously afflicted with Sores and Sickness, but as I visited them in their Cells, they were very attentive to, and desirous of Prayers and Exhortations. Upon Saturday, the 1st of February, the Report of the above nam'd eight Malefactors, under Sentence of Death in Newgate, was made to his Majesty in Council; when Judith Hollaway , of Broad street , for privately stealing a Silver Snuff-box, value 12 s. from the Person of Elizabeth Staples , on the 6th of November last, the property of William Staples . Daniel Crawfoot , for assaulting Mary Dixon , in her own House, putting her in fear, and taking from her 13 s. and 6 d. on the 7th of January last; and William James , alias Ives , of Uxbridge , for feloniously stealing a black Gelding, Value 50 s. on the 27th of September last, the Property of John Weedon , Esq ; receiv'd his Majesty's most gracious Reprieve. The remaining Five, viz. Thomas Neeves , Jeremiah Cray , William Davis , Thomas Revel , and Elizabeth Cook , were order'd for Execution. Thomas Neeves , of St. Giles's in the Fields , was indicted for feloniously stealing a Duroy Coat, Value 13 s. on the 6th of December last, in the Shop of Charles Lawrence , the Goods of the said Charles Lawrence ; who depos'd, that about 7 in the Evening, the Prisoner came into his Shop, and ask'd for a dimity Waist coat, they not agreeing on the Price, he d - d him, and turning about snatch'd up the Coat, and ran away with it; the Deponent pursu'd him about 30 Yards, and cry'd out, Stop Thief, the Prisoner doing the same, till he was taken. Thomas Neeves , born in London of mean Parents, 28 Years of Age, was educated at School in reading and writing, to fit him for Business, and when of Age was put out Apprentice to a Cane-chair-maker , with whom he staid for some Time, but left him before his Time was out, and betook himself to a rambling Life, which occasion'd his Ruin. He liv'd in a most loose disorderly Manner, and married a Wife, a common Woman of the Town, who apply'd herself to her Husband's Business, of stealing and robbing, for which she was in Prison, and under Sentence of Transportation, while he was under Sentence of Death, and (as he told me) she got leave to come and visit him once or twice, but she having no Children alive by him, and her Character being much upon a Level with his own, he was very indifferent about her. He joyn'd himself to the Gangs of Street-Robbers, and the most notorious Thieves, in, or about this great City; and having been apprehended in March or April last, upon Suspicion of Street-Robberies, he impeach'd his Companions, and turn'd Evidence against them. Accordingly, six Men were convicted upon his Evidence and concurring Circumstances, in April last. Edward Benson confess'd the Fact for which he died, but the other Five, George Gale , alias Kiddy George, Thomas Crowden , James Noon , John Hornby , and Richard Nichols , died with Protestations of their Innocency, as to the Facts which Neeves swore against them. I ask'd him, upon the desire of some of their Relations, if his Evidence was true, as he swore against these five Men, who died denying the Facts he swore against them, although they freely forgave him? He said, in so far as he swore against them, it was true, although perhaps they were not the principal Persons concern'd in those Robberies. I ask'd him the same Question and some others at other Times, but he would make no direct Answer, and told me as he had done to other Persons, that he must give an Account of what things he had done in the other World, it being of no Advantage for him to relate them here, since we could not pardon him: I inform'd him, that the Church, as is acknowledg'd by every Body, hath Power of conditional Absolution, that since it was not in his Power to do any better, he ought at least to make an ingenious Acknowledgement of what Injuries he had done to Mankind, which was all the Reparation he could make them, and by doing whereof he would die in the Peace of the Church, and, doubtless, in much greater Peace in his own Mind, since, He that covereth his Sins shall not Prosper; but whoso confesseth and forsaketh them shall find Mercy. Prov. 28 13. &c. After all I urg'd to him upon this Head, he continu'd inflexible. As to the Crime for which he suffer'd, he said he did not take the Coat, but that another Man gave it him; but in this he varied, which obligeth us to believe the Evidence. At another Time, as we were coming out of Chapel, I desir'd him to speak with me in the Closet, but he refus'd, adding, that he would give no Occasion for composing of Books or Ballads upon him; although I had nothing to say, but to speak a little to him upon the State of his Soul; which, I am afraid, was in the Gall of Bitterness and Bond of Iniquity: For as one or two Persons told me, he said, he had no Hopes of attaining Happiness in another World, yea, that he was sure of being Miserable. The third Day before he died, he curs'd in Chapel, because they would not let Visiters into the Cell to speak with him. The Keeper told him, That he had Orders to keep the Cells very strictly, and that they durst not transgress their Orders, which were occasion'd by the Rudeness and extraordinary Wickedness of the Street-Robbers, who were last executed. I reprov'd him sharply, and exhorted him to Patience under his deplorable Circumstances, which he had brought upon himself by his own Wickedness. Then he sat down and compos'd himself. Two Days before he suffer'd, some Gentlemen of Note coming in to see him, after they were gone, when he came up to Chapel, he abus'd and threaten'd a Gentleman-Prisoner at a strange Rate, because he had told them of his wicked Dispositions and Carriages: For this, the Keeper taking him out threaten'd to punish him severely, and then brought him in again with Tears in his Eyes, when the fear of Punishment kept him Quiet. He was one of the most obstinate, abdur'd, irreclaimable, and (to appearance) impenitent Sinners, I ever saw. Jeremiah Cray , of St. Leonard'e, Shoreditch , was indicted for assaulting John Benson , Esq ; on the Highway, (in a Hackney Coach, in the Road leading to Hackney ) putting him in fear, and taking from him a Silver Watch, Value 20 s. and 8 s. in Money, on the 4th of December last. Mr. Benson depos'd, that about 6 at Night, or a Quarter after, he was robb'd as abovesaid, and although he could not swear to his Face, yet he believ'd him to be the Man, by the Cloaths he wore, and the Discription of the Horse; the Coachman swore to his Face and to the Horse also. Hannah Edmonds depos'd, that she was in the Coach, took Notice of his being pitted with the Small Pox, and his wearing his own Hair, and that she was sure he was the Man. He call'd some People to his Character, but the Proof being plain upon him, he was found Guilty. Jeremiah Cray , near 20 Years of Age, descended of honest reputable Parents, had his Education at School, where he learn'd to read and write, and to understand the Principles of our Christian Religion. He was instructed by his Father, in the Trade of an Upholsterer , which Business (as he said) he constantly follow'd, and never wanted any Encouragement needful for him, as to Cloaths, Money and Maintenance, which was all that was necessary to a young Man of his Age. He said, that he lov'd a young Woman, intending to marry her, but that his nearest Friends were much against that Match; as unproper for him. Upon this he turn'd discontented, and to be reveng'd of them, tho' rather on himself, he took to the Highway, although otherwise he had been always (as he affirm'd) a sober industrious young Man, free of these epidemick Vices, too incident to the Youth of this Age. He own'd the Robbery for which he died, according to the Evidence given by Mr. Benson and others. He appear'd to have been a Youth of a good natural Temper, and his Father declar'd, that he never offended him, by speaking so much as one unbecoming Word to him; and he could give no Account, why he committed such a Robbery, only that he believ'd it to be a violent Temptation of the D - l to undoe him at once. Being ask'd, if he was the Person, who shot at and wounded a Coachman, and Gardiner, sitting upon the Box beside another Coachman, upon the Highway near the Town? He answer'd, that as he was very soon to appear before God, he never stole nor robb'd in his Life, except the single Instance of the Fact for which he died; but that he always liv'd soberly and follow'd his Business, with Approbation of his Master whom he had serv'd. He seem'd to be a young Man of a good natural Disposition, and behav'd very christianly under his Misfortunes, and desir'd earnestly to receive the Sacrament. He declar'd, that his Sentence was just, that he believ'd to be sav'd by the Mercy of God, through the Merits of Christ Jesus, that he heartily repented of all his Sins, and died in Peace with all the World. Thomas Revel , of St. Paul's Covent-Garden , was indicted for feloniously stealing a Silver Tea Canister, Two Cases of Desart Knives, three Silver Castors, eight large Silver Spoons, a pair of Silver Snuffers, a Silver Candlestick, and Extinguisher, a Silver Bason, four Salts, three Salvers, and several other Pieces of Plate, to a great Value, the Property of the Lady Thorold, and 30 Guineas, and three Pounds in Silver, the Property of Mr. Sentement, and in the Dwelling-House of the late Mr. Sentement, on the 28th of July last. Thomas Revel , 36 Years of Age, of honest Parents in Bedfordshire , who educated him at School, and instructed him in Christian Principles, as was fit for one in a low State of Life. He was not put to a Trade, but serv'd Gentlemen in the Station of a Footman , and sometimes as Coachman , and as several Gentlemen of good Fashion depos'd in Court, with very much Integrity and Honesty, particularly one Gentleman told, that he trusting him wholly with the keeping of his Horses, kept a private Account, unknown to Revel, of what was expended upon them, and that when they adjusted Accounts amounting to more than 20 l. for the Horses, they never varied in a Farthing. He was married and had one Child, and his Wife, who appear'd to be a sober Woman, gave him the Character of being one of the best of Husbands. He declar'd, that he had always liv'd soberly and honestly, that he had been a religious Observer of Ordinances, that he read God's Word, and other good Books, and that he had sometimes, tho' not of late, receiv'd the holy Sacrament. When I ask'd him first about the Robbery of which he was convicted, he said, that Dawling the Evidence committed it, without his Knowledge, and to save himself, swore it upon him; but after he found himself included in the Dead Warrant, and that he had no farther Hopes, he own'd, that the Evidence was true, only he alledg'd, that Tho. D - n first advis'd him to it, and that he bound himself, to remove any Suspicion the Family might have of his Concern in the Robbery. From the Evidence and his Confession it appears, that they were Confederates and equally concern'd in a Commission of that horrid Villainy. All the Time he was under Sentence, he was afflicted with Sickness or Lameness, and could not walk, nor come to Chapel, but as I daily visited him in the Cell, he always declar'd himself sincerely Penitent for all his Offences, particularly the Crime of which he was convicted, which was the only Theft or capital Crime he ever was guilty of, having in all the preceding Part of his Life been very Honest, and still bore a very good Character in all the Families, which were many and of good Note, where he had serv'd. He own'd the Justice of his Sentence, according to Law, and declar'd, that he believ'd in Jesus Christ his only Saviour, that he repented and begg'd God and Man Pardon for his Sins, and that he died in Peace with all the World. William Davis , of St. Paul's, Covent Garden , was indicted for breaking the House of Thomas Lobe , on the 14th of December last, and taking thence four Silver Spoons, Value 40 s. eleven Holland Shirts, Value 5 l. and several other Things, the Property of the said Thomas Lobe . William Davis , 23 Years of Age, born at Luton in Bedfordshire , of mean Parents, who got him taught to read and write, and then put him Apprentice to a Baker ; when he had serv'd out his Time he came to London , thinking to better his Fortune, but he took a quite wrong Method of doing it. For about a Year ago, as he said, when he was out of settl'd Business, his Companion and Accomplice Hewlet, who had serv'd the same Master with him, advis'd him to go a stealing and pilfering, drinking and whoring with him, which pernicious Advice he embrac'd, and follow'd ever after, till such Time as he was taken up. He was a simple, clownish, ignorant young Fellow, and a very great Proficient in Wickedness, during the said Time but he threw the whole Occasion of his Ruin upon the Solicitations and over Persuasions of his profligate Comrade. He was grievously afflicted with Sickness, of a Fever and Ague, and a prodigious Swelling in his Feet, all the Time he was under Sentence, occasion'd (as he said) by Cold, and he had also got himself clap'd or pox'd in a high Degree, so that he could not move from off his Couch, but was in the most miserable Condition imaginable. He cried out and groan'd very much, partly for fear of Death, and partly because of the great Pains he endur'd. When I daily prayed for him in the Cell, he declar'd himself Penitent, and comply'd fervently with the Prayers, and were very attentive to the Instructions and Exhortations which were given to him, but his Indisposition was so great, that he was not fit for receiving them. He declar'd, that he hop'd for Salvation only through Christ, that he sincerely repented of all his Sins, that his Sentence was just, and that he forgave all Men the Offences they had given him, as he expected Forgiveness from God. Elizabeth Cook , of the Parish of St. Laurence , was indicted for feloniously stealing 10 Guineas, 5 Pieces of Silver, 2 Foreign Pieces of Silver, and a Holland Shirt, on the 22d of December last, the Property of John Oldfield , Doctor of Physick , in the Dwelling-house of Mr. Joseph Porter . Elizabeth Cook , between 40 and 50 Years of Age, born of honest Parents in Wales , who put her to School, but she was Cross and would not keep it, and could not read. When she came to Age, she serv'd a Gentleman's House in Herefordshire , where she married a Man of the Name of Cook, with whom (as she said) she liv'd Creditably for some Years. After her Husband's Death, she threw up her Country Business of farming Land , and came to Town, where she serv'd in several good Families, and (if we may believe her) with Approbation of her Masters and Mistresses. She said, that she never stole any thing, excepting the Fact of which she was convicted, and that she took no more but the three Guineas, and the Silver which she restored. After all the Motives I us'd, to cause her to make a full Confession, she would not acknowledge any more. She said, that she liv'd Soberly and Virtuously, that in the Country she went to Church, and took the Sacrament sometimes, but for 9 Years past since she came to London, she did not go often to Church. She was very much afraid of Death, against the Fears of which I advanc'd several Arguments and solid Grounds of Comfort. She was very devout and attentive in Chapel, and at other Times express'd a Confidence in the Mercy of God through Christ. She own'd the Justice of her Sentence, according to Law; and declar'd, that she believ'd in Christ her only Saviour; repented of all her Sins; and died in Peace with all Mankind. N. B. Neeves would not tell any thing about Mrs. Fletcher's Goods, which if he did, he said, it would be to prosecute some Person and ruin their Families. At the Place of Execution, THomas Neeves , in Chapel before he went out, behav'd indifferently well, but when he came to the Tree, h appear'd like to a Man in Drink, staggering and scarce able to stand, and as I was praying for them, he frequently cried out to a Man about a Coach which was to carry off his Body, so that I was forc'd to reprove him, and when I alledg'd that he had drunk too much, he said, No Sir, I only took a Dram this Morning. The Father and Wife of one Nichols, a Barber, (who was executed in May last, in Company, and for his being concern'd with the Street-Robbers, upon Neeves's Evidence) came into the Cart, to enquire before Neeves died, if his Evidence against the said Nichols was true; he said, it was not, pray'd to God to forgive him for bearing false Witness, declar'd that Nichols died Innocent, and that he never saw him, till he was taken up, and before the Justice, and that he swore falsely against Nichols by the Persuasion and Advice of some others, who by that Means thought to get some Money to themselves and him. As to the Fact for which he died, he said, he never went into the Shop in Monmouth street, to cheapen any Thing, but would give no further Account, what way he came by the Coat. He said that the Judgment of God had most justly overtaken him, for swearing away the Life of others. He desir'd a Psalm to be sung last of all, and as we were singing, he smil'd to some People near by, which gave Offence to the Spectators. He died as he liv'd, i. e. as we may fear, stupidly Impenitent. Mrs. Cook said, she forgave all Men, as she expected Forgiveness from God. Jeremiah Cray comply'd fervently with the Devotion and singing of Psalms, having nothing to add, but adher'd to his former Confessions. The other two had nothing more to say. The Four last died Penitent, as they declar'd. This all the Account given by me, JAMES GUTHRIE , Ordinary of Newgate . London : Printed by JOHN APPLEBEE , in Black-Fryers .

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A True ACCOUNT of the BEHAVIOUR, CONFESSION, AND Last Dying SPEECHES Of the Six Criminals that were Executed at TYBURN, On Friday the 12th of September, 1690. AT the Sessions in the Old Bayly , on the 5th of September, 1690. an eleven persons received the Sentence of Death, six Men and five Women, of which three were Quick with Child. On the next Day, being Saturday, the Ordinary visited the condemned Criminal, praying with them, and earnestly exhorting them to look back on the the Vicious Course of their Life, and to consider for what secret Sins, not repented of, God had justly suffered them to commit the Crimes for which they were under the Sentence of Death. They were not then so sensible of their sinful and deplorable Condition; therefore Exhortation to Repentance was renewed, as also to prepare for the solemn Duties of the Sabbath. On the Lord's Day, in the Forenoon, the Text was in the 5th of S. Matthew's Gospel and the 8th Verse, Blessed are the pure in heart, for they shall see God. In the Afternoon a Sermon was preached on the 59 and 60th Verses of the 119th Psalm. I considered my ways and turned my feet into thy testimonies. I made haste and delayed not to keep thy Commandments. From the former part of which Words were stated the syncere signs of a penitential Reflection on a sinful Life. The Divine Law casts down all proud Thoughts, in a syncere Convict, so that he submits to the searching Power thereof, that he may throughly understand his deceitful Heart. He loves the Law of God, because it is very pure and strict, as disturbing false Peace in the Conscience. Where there is a Horror and Conviction there will be an unfeigned Grief for offending God's Holy Spirit, and an universal Hatred of all Sin as Sin, more as it pollutes than damns, put therefore your selves to Grief and Shame, chiefly for perverting the Long-suffering of God, who hath waited so long to be gracious to you; you have already, in excess, turned away your Hearts from God to the indulging of your Lusts: It is high Time to abandon Satan's Service. When Sin by Custome becomes rooted, the Power and Kingdom of Satan is more confirmed: Resolve therefore immediately to convert to God, late Repentance is not so acceptable, because herein the Lord is less glorified. It is not so profitable to others, who lose much Edification, by not setting early good Example before them. It is not so comfortable to your selves, not only because you wrestle with more difficulties, as the Heart is grown more obdurately stubborn, but because you cannot so fully clear up your syncerity in turning your Feet unto God's Testimonies. There is little tryal of the Truth of Repentance, when we are forced in to God by sharp Afflictions or Agonies of Terror, at the Approach of Death. As soon as you resolve to change your evil Course, all yonr endeavours will have Acceptance with God, he will be ready to help you, if you persue your Advantages, the Work will grow easier, so that after a while you shall be enabled to run the Paths of God's Commandments with pleasure and delight: Let us therefore cast away the Sin which so easily besets us, let us speedily and resolutely run the race of Obedience set before us, looking unto Jesus the Author and finisher of our Faith; so shall we triumph in our very Conflicts. What unspeakable Joy will this Testimony of our Conscience produce, that we have so seriously considered our Ways as seriously to turn our Feet into God's Testimonies. I now proceed to give an Account of the condemned Prisoners Behaviour, what course of Life they led, and what penitential Dispositions were in them to fit them for their Death. I. Francis Osborne , Condemned for robbing on the Highway: He was a Goldsmith , by Trade, in Cannon-street above 7. Years. He confest the Crime to the Ordinary, though he denied it at his Tryal. He said that it much troubled his Conscience that he drew on the other Accomplices to the said Robbery, but would not declare their Names. He confest that for his many secret Sins, in which he lived without any Remorse, and for keeping bad Company, God had now brought him to publick Shame: That he neglected praying and other Duties of Religion, otherwise the Lord had kept him from robbing; but affirmed that this was the first Flt of that nature. He was very compliant with the Advice which I gave him to prepare for his Death. II. G - W - condemned for robbing on the Highway. He confest the Crime, I ask him what Employment had been bred up to; he said that he had served the late King James as a Trooper , and had served our present King William, but some difference arising 'twixt him and his superior Officer, he quitted the Service about a quarter of the Year since, which he much blames himself for, because an idle Life had exposed him to robbing on the Highway. He was not so sensible at the first, yet afterward lamented the ill Course of his Life, and that he had given bad counsel and example to others. III. Thomas Yarrold , condemned for stealing a Gelding: He confest the Fact. He had exercised Husbandry , in the Service of a Minister, for three Years. He says, It repents him that he did not follow the good Counsel of his religious Master, but left him and went to Sea , afterwards being desirous of an eae Life, he quitted that Employment and joyned with bad Company, till he brake the Sabbath: He seldom prayed that God would keep him from the Wickedness of his own Heart, so he grew more dissolute. IV. John Daynter , condemned for breaking the House of one Mr. Joseph Yates , in the Day-time. He was formerly a Shoemaker , set up for himself, but neglected his Trade and joyned himself to merry Company, as himself exprest it, they spent freely and bore his share most what. He said, That he had sinned against the clear and strong Convictions of his Conscience, had made many Vows to God of Reforming his Life, but had broken them: Yet in this Concession, though he wept, he ac|knowledged that his Tears and utmost Repentance could not cleanse away the Guilt and Pollution of his Sins. He said that he durst not trust his own Heart, his relenting for Sin is so late and slight, and praies to God, that his sorrow, may not be more for the Fear of Death, than that he hath offened a Gracious and long suffering God. I hope he was penitent. V. James Smith , condemned for robbing in the Highway, with G - W -: when he was tyed up, in order to receive the Sentence of Death, he exceedingly misbehaved himself. The Ordinary laid this very much to his Conscience, so that he desired him, to publish his deep Sorrow for it, and that he begs the Pardon of the Court for his mad and wicked Carriage. He confesses the Crime, and that his Friends bred him up to no Employment, so he hath been exposed to many Temptati ons of Robbing, and hath several Times used such a wicked Course, to furnish himself with Mony for his Excesses. He solemnly affirmed, that he never killed any Man: That he is very sensible how he hath drawn on others to sinning: He said that he had been very disobedient to his Parents, and therefore God justly brought him to this untimely and shameful Death: That he dispised strictness of Life, was guilty of Swearing, Intemperance, breaking of the Sabbath, and living like an Athist; but now his Conscience is wounded in the remembrance of all his Impieties, yet he hopes, through God's Mercy, that he shall be daily more contie in Heart, and prepared for his Death. VI. Thomas Cox , condemned for robbing Thomas Boucher on Hounslow heath : He denied the Crime at his Tryal, but confest it since to the Ordinary. After several Visits and earnest Exhortations to repent, he confessed that he had been in Newgate about four Years since, and was condemned for killing a Man. I told him, That had he taken warning from his narrow escaping the Sentence of Death then, or had he been truly penitent for shedding Innocent Blood, which cries loud to Heaven for Vengeance, he would not have contracted another fatal Crime. He only acknowledged in general terms, That he had been a great sinner, that he had led an idle Life, which betrayed him to many sinful Excesses. He gave me just cause to fear he was bred up a Papist, or had turned such for worldly Interest: Therefore I used many Arguments to convince him, how dangerous it is to die in a false Religion, or in not living up to the Purity and Power of the Protestant. When I visited him in the Evening before his Death, I ask him whether he were a Papist, he so little regarded what I prayed or exhorted him unto, he made me no answer, and seemed not much concerned, therefore I said at parting, the Lord undeceive you as to any false Hopes of Heaven. Anne Yates and Mary Jones were very penitent, and are reprieved. This is the whole Account which I can give of this Session. Samuel Smith Ordinary . Dated this 12th of Septem. 1690. On Friday about 10 a Clock they were all 6 conveyed in 2 Carts to the Place of Execution, where being all fastned to the Tree, they were (in good order) exhorted to renew their Repentance, and to prepare themselves for their so suddain Change by Death, Mr. Ordinary taking great pains in Prayer to God for their Souls Salvation, using several cogent Arguments to prepare them to a free Confession unto Almighty God of all their former mispent Lives; to which they all readily attended except Cox and W - who were very impertinent in their Behaviour, and undecently and irreverently reflected upon the Government; for which the Ordinary gave them a suddain and a severe Check, and would not suffer them to proceed. James Smith carried himself more moderate, and confessed, That he was Guilty of the Crime for which he died, but that he never committed any Murther, desiring all the Spectators to take Warning by his untimely End; and that they would be obedient to Parents, for that Sin was the beginning of his Ruine. John Daynter was exceeding penitent: He was a young Man, yet it is to be hoped that God hath had Mercy on his Soul, for he freely confessed, That he had been guilty of very great Sins, as Sabbath breaking, Swearing, Lying, Drunkenness, and a great Whoremonger: But withal he declared before God and the World, That he never wronged any Man before this Time. He cried mightily to God for Mercy, and begged all young Men to take speedy Warning by his untimely End; earnestly desiring all Men present to pray for him: He very penitently and humbly joyned in the Prayers of the Church, as also was very desirious to be instructed in any thing that might contribute to his Salvation, and very meekly submitted to the stroak of so suddain a Death. But not without acknowledging, That he was indebted to several persons in divers Sums of Mony, but saying, He was now altogether uncapable of making Restitution; he hoped that they would remit him, &c. Tho. Yarrold said, That he offered to sell a Horse to one Mr. Ball, but said he did not steal it, before he was brought to Tyburn ; but there he confest it, but he said he did not know the Owners Name, but desired the Horse might be returned to Flitton , near Ampthill Town in Bedfordshire , And said he was very sorry he had done so much wrong, &c. acknowledging withal, That he had married an honest Wife, but had some time since put her away; and had been of late in Adultery. He desired the people to pray for him, and take warning by him. Francis Osborne was very sorry that he had disgrac'd so good and ingenious a profession as his was; declaring that this Crime was the first that ever he did of that nature, but would not freely acknowledg, nor give any account of the other two, who were concerned with him in the Robbery. After this Mr. Ordinary prayed with them, and sang a Psalm of Penitency; to which Daynter, Yarrold, Osborn, and Smith gave an attentive Ear. After Mr. Ordinary taking his final leave of them, and recommending them all to God's Grace and Mercy, they were all fix immediately turned off. ADVERTISMENTS. There is now Published, The Politicks of Europe, or, A Rational Journal concerning the present Affairs of the Time; giving an Account of the present State of Europe, with regard to its Two most Active Powers, William the Third, and Lewis the Fourteenth. price 6d. The Continuation of which Journal will be now published every Saturday in a single Sheet. Sold by Langley Curtiss , at Sir Edmondbury Godfry's Head , near Fleet bridge . These are to give Notice, That if any person hath occasion to sell any Library, or parcel of Books, either in large or small Quantities, they may receive ready Money for them, upon View thereof, by Langley Curtiss at Sir Edmondbury Godfry's Head, near Fleet bridge. These are to give Notice to all Persons, for the Benefit of the Publick, That Mr. Elmy, Professor of Physick, and Operator, of known Integrity, and above 25 Years practice, Liveth at the Blue Ball in Whale-Bone Court , at the Lower End of Bartholomew-lane by the Royal Exchange, who most safely and expeditiously Cures Deafness and Noise in the Ears in any of what Age soever, (if Curable) and at first Sight, by Inspection, Resolves the Patient if so or not, as most Eminent Persons of Quality in this City can Testifie. He hath likewise a most excellent Gargarism or Mouth-Water, which will make black or yellow Teeth as white as Ivory, in a few times using; and it will certainly cure the Scurvy, and all other Diseases incident to the Mouth, Teeth and Gums, which in many persons causeth a stinking Breath, which (by the Blessing of God, and the use of this Water) I dare affirm you will be freed from those Maladies beforementioned, with Directions. His Pills only prepared for the French Disease, and the Running of the Reins, may be had in Boxes of several prices, with other Venereal Arcana's, as occasion serves. London Printed for Langley Curtis at Sir Edmondbury Godfrey's Head near Fleet-Bridg 1690.

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THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, OF James Hayler and James Gallaker , Who were executed at TYBURN On Monday the 29th of October, for MURDER: BEING THE Ninth EXECUTION in the Mayoralty OF THE Rt. Hon. Sir Crisp Gascoyne , Knt . And of the SEVEN MALEFACTORS, Who were Executed on Monday the Third of December, 1753, BEING THE First EXECUTION in the Mayoralty OF THE Right Hon. Thomas Rawlinson , Esq . LORD-MAYOR of the CITY of LONDON . NUMBER 1. for the said YEAR. LONDON: Printed for, and sold by T. PARKER, in Jewin-street, and C. CORBETT, over-against St. Dunstan's Church, in Fleet-street, the only authorised Printers of the Dying Speeches. M.DCC.LIII. [Price Six-pence.] THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, &c. BY Virtue of the King's Commission of the Peace, Oyer and Terminer, and Jail-delivery of Newgate, held before the Right Honourable Sir Crisp Gascoyne , Knt . Lord-Mayor of the City of London , Lord Chief Justice Willes, Mr. Baron Legge, William Moreton , Esq ; Recorder , and others of His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Jail delivery of Newgate, holden for the said City and County of Middlesex, held at Justice-hall in the Old Bailey , on Wednesday the 24th, Thursday the 25th, Friday the 26th, Saturday the 27th, Monday the 29th, and Tuesday the 30th of October, in the 27th Year of His Majesty's Reign, James Hayler , James Gallaker , James Fair brother , Job Horniblow , Mark Shields , George Hailey , Isaac Clarke , James Jackson , George French , William Edgill , otherwise Elford , and Martin Sullivan , were capitally convicted, and received Sentence of Death accordingly. The Behaviour of these unhappy Convicts has been quiet and peaceable, and their Attendance at Chapel constant, unless hindered by Sickness, where they behaved as became People in their sad Circumstances, praying fervently. Sullivan, Shields, and Hailey, being Roman Catholicks , were attended as usual. Hayler and Gallaker were executed pursuant to their Sentence, on Monday the 29th of October last; their Bodies being afterward carried to Surgeon's Hall, as the late Act to prevent Murders has directed. On Tuesday the 29th of November last, Mr. Recorder made a Report of the other nine Malefactors to His Majesty; when he was pleased to order James Fairbrother , Job Horniblow , Mark Shields , George Hailey , Isaac Clarke , George French , and Martin Sullivan , for Execution, on Monday the 3d Instant. James Jackson , and William Edgill , were respited till His Majesty's Pleasure might further be known. 1. James Hayler , was indicted for the wilful Murder of John Proby , September the 26th: He stood also charged on the Coroner's Inquest for the said Murder . 2. James Gallaker , was indicted for the wilful Murder of AEneas Turney , October the 26th: He also stood charg'd on the Coroner's Inquest for the said Murder . 3. James Fairbrother , was indicted for breaking and entering the Dwelling-House of Mary Snelling , and stealing 3 lb. Weight of Butter, Value 20 d. five Loaves of Bread, Value 15 d. one Earthen Dish, and a Stone Jarr, Value 3 d. one Pair of Gloves, one Dozen of pickled Cucumbers, the Goods of the said Mary, October the 20th . 4. George French , was indicted, for that he, in a certain Field, or open Place, near the King's Highway, upon Henry Ripping did make an Assault, putting him in corporal Fear, and Danger of his Life, and one Hat, Value 2 s. the Property of the said Henry, from his Person did steal, take, and carry away, October the 4th . 5. Isaac Clarke , was indicted, for that they, in a certain Field, or open Place, near the King's Highway, on Edward Moreton did make an Assault, putting him in corporal Fear, and Danger of his Life, 38 Pair of Stockings, Value 40 s. 3 Worsted Caps, Value 4 s. and a Linen Bag, Value 4 d. the Goods of the said Edward, did steal, &c. September the 26th . 6. Martin Sullivan , was indicted for returning from Transportation before his Time . 7. Job Horniblow , was indicted, for that he, together with Dennis Neal , in a certain Field, or open Place, near the King's Highway, on Jos. Rixton did make an Assault, putting him in corporal Fear, and Danger of his Life, and taking from him one Steel Tobacco-box, Value 6 d. one Clasp-knife, one Iron Key, and 4 s. and 6 d. in Monies numbered, September the 17th . 8, 9. Mark Shields , otherwise Chailes , and George Hailey , were indicted, for that they, on the King's Highway, on Henry Beddew did make an Assault, putting him in corporal Fear, and Danger of his Life, and stealing from his Person one Hat, Value 2 s. his Property, September the 29th . 1. James Hayler , aged 34, was born in Hoxton-Market , in the Parish of Shoreditch . He was bred a Weaver , to which Trade he served seven Years Apprenticeship in Spittle-fields , was Journeyman after, and reputed a good Workman. By a Disorder in his Head he was rendered incapable of sticking close to Business, or he might have lived very well. In the hard Winter some Years since, he had some very fine Work put into his Hands, but the Severity of the Weather, he says, hindered him from going on with it, and he chose rather to enter himself on board an East-India Ship, in which he went abroad, and was a Soldier in the Service of the Company for five Years: His Absence from England was seven or eight Years, and he has been at Home again two Years, during which Time, he says, he has been much better in his Mind, and stuck closer to his Business, as a Journeyman Weaver , than ever he had done in his Life before. So that tho' he had formerly been somewhat out of his right Senses, he did not alledge any Thing of that Kind in alleviation of what he had done to deserve the Sentence of the Law, which he suffered for uncurbed Passion, but owned himself highly to blame, and said, were the Matter to be disputed between him, and the Murdered again, he would have gone another way to Work with him, and instead of murdering him, would have sought Redress from the Law. The Murdered, he said, was a bad Man, and frequently pilfered from him, and others in the same House, where several lived together. And besides, he said, opprobrious and bad Language was the Consequence of his being accused and reproached by them, for such unjustifiable Behaviour towards them. And their Quarrels upon that Account was the Cause of that Resentment which proved the Ruin of both. It happened once, upon a Time of their Quarrelling, and having high Words, that Hayler kicked Proby, the Person whom he murdered so barbarously, by giving him several Blows with a Hammer; upon which, a Warrant of Assault and Battery was obtained against him. This occasion'd a continual Grudge between them, so that they were at Enmity between each other for the rest of their days. They worked together, and lodged in the same House, so that they had too frequent Opportunities of being together. It seems by Hayler's own Account, that they were both unhappy ignorant People; their Passions were too strong for their Reason. And, in their way of Life, being too frequently addicted to unman themselves by excessive Drinking, was the fatal Cause of this Murder. The Day the Murder was perpetrated, he said, the Devil and Gin were very strong and powerful in them. They fell out, and had many provoking Words passed between them; and in order to get the better of him, Hayler took the Advantage of a Hammer which lay in the Room, gave him several Blows, and killed him. He owned the Justice of his Suffering, and said he was heartily sorry for what he haddone. As he had taken away a poor Man's Life in the Midst of his Sins, he dreaded the fatal Consequence. As he had Reason to think the Load of his own was too great to bear, the other added to it, he feared, was more than he could sufficiently lament; tho' he died in Hope of God's Mercy through Christ's Merits. His Behaviour, upon Tryal, was indeed somewhat shocking to behold. For, though he knew his Guilt, he seemed to smile at what was said against him. But this, I believe, was owing rather to a Want of Sense to apprehend the calamitous Circumstances he had brought himself to; because, tho' not mad, or out of his Senses, he was so excessively ignorant, as one would think no Person in human Shape could be. However, he died not without a Sense of suffering very deservedly for so enormous a Crime as Murder. 2. James Gallaker , aged 40, was born in the north of Ireland ; was bred in the Roman catholick persuasion, and followed the labouring business in husbandry affairs at his setting out in life. But that occupation not agreeing with his constitution and temper, he chose rather to go to sea ; which he did for some years. About four years ago, he said, he came to London , where he has lived to the time of this unaccountable murder, by hawking goods about the town, according to the seasons of the year. Gallaker to the last denied using the knife for the purpose of murder. God only knows the truth of the matter; but the evidence was such against him, that his conviction, I presume, was satisfactory to the court and the jury; and the circumstances of the case appeared so clear, that scarce any other verdict could have been expected. The case, upon testimony given, stood thus; viz. Gallaker came into the Green Man in Highstreet , St. Giles's , to sell oysters, upon the unhappy night this murder was perpetrated. Some oysters he sold to one, but refusing to sell to another person who would have bought, under pretence of charging him with a debt of a penny, Turney (who died by a stab in the heart, in consequence of a scuffle, which ensued upon his refusal) resented it. Words passed between Gallaker and Turney, and after a blow from the former to the latter, they engaged, and both came to the ground. The whole evidence agree in the first blow, that it was given by Gallaker; and one of them describes particularly the position they both were in at the time he apprehends the wound was given, and swears positively to the motion of Gallaker's arm, while he observed the situation in which they lay. From which evidence any one might conclude how Turney came by his death. He denied the fact, 'tis true, to the last; for I asked him with respect to it just before he was turned off. But what can be more circumstantial proof of murder than what the evidence already mentioned, who observed the motion of the arm as they lay on theground, and the hollow between them, made by Turney's endeavour to rise, while Gallaker held him by the collar? Add to this, his offering his knife to a person to whom he refused to sell oysters, who told him, he deserved to be lick'd for refusing. What was his reply? Why, the evidence says, he took up his knife in his hand, and asked him, 'How would you like to have this in 'your guts?' An expression that favours strong of a wicked and revengful mind. And, even when it was discovered that Turney was wounded, and Gallaker was about to escape, what did he say when he was brought back? Why, when he was told he had murdered the man, he offered his knife again at the person who told him so, saying, 'What is that to you? I don't care if I do the same by you.' Nor would Gallaker part with the fatal weapon, till it was by violence cut off from his side, where it hung by his apron-string. Are these indications of a mind free from malicious and revengeful designs? Could a knife run itself three or four inches deep through the ribs into the heart? But, with God there is mercy; therefore every one would charitably hope, that even the perpetrator of so rash and barbarous an act as this seems to carry the face and appearance of, may have some reliance on infinite degrees of goodness. Gallaker called one to prove the contrary; but the man happened to have so much modesty as not to proceed so far as to contradict what had before been given in evidence against him. 3. James Fairbrother , aged 25, was born at the Barrs , in the parish of St. Andrew's, Holborn . He was put to school, where he learned to read, and was afterwards bound apprentice to a cabinet-maker , he says, in Baldwin's Gardens ; but an unsettled temper of mind, after serving about three years, inclined him to leave his master and business, which, before he understood it, grew irksome and disagreeable to him. After this, he says, he took it into his head to go to sea; the method often pursued by an untoward disposition, once taking an aversion to industry. He says he entered upon naval expeditions in the beginning of the late Spanish war; that he has been on board and sailed in several-ships, both in the merchants employ and in the navy . But, the grand concern of all was, as he tells his story, he had been seven years in the Swallow man of war , and was one of the small number that returned to England , after having sailed all over the East-Indies , left out of a great number that went abroad in her when she first set sail for that part of the globe. He says he came home in January last to London , and had a good deal of money due, which he received, and spent as fast as he could among loose women, and other bad company. Black-boy-Alley , George-Alley , and Field-Lane , were the places of his general rendezvouz, and he was become very remarkable in the neighbourhood, and was expected every day to do some mischief or other which might put him out of the way. Having spent all his money, he betook himself, he says, to attend the market, and bought potatoes and other garden-stuff, which he hawked about the streets , and sometimes went out of town with such things as far as Hammersmith and Brentford . And now and then, if any thing lay in his way, which he could conveniently and privately carry off the ground, he failed not to embrace the opportunity. During last Croydon fair , he says, he was there, and having bought a large parcel of potatoes, he sold them off very well, and with the money he went to gaming, in hopes to increase his stock. But, to his great disappointment, he lost all, and then went out upon the lay. He picked several pockets one day, he says, in the fair, and next day took an opportunity to rob a man of about 5 s. not far from Croydon town. This was the first robbery, he says, that ever he did; but afterwards he owns he did several more; but none were remaining in his memory. They were bad deeds, he said, and therefore he was willing to forget them. He said he would endeavour to make his peace with God, and hoped to be forgiven. He was indicted for robbing a cobler's stall or shop, in company with one Degen, who was evidence against him, and his own wife. He owns he took the goods, and was deservedly found guilty, for which he was to have been transported; but there was another indictment against him for a burglary, which was clearly proved against him, and he was found guilty. He owned the justice of his suffering; behaved very penitently under his conviction; read a good deal, and frequently sung psalms in his cell of nights; and said, he hoped to reconcile God to him, and by true repentance to cast himself on the merits of Christ Jesus. 4. George French says he is 21 years of age, was born in the city of York , of parents that lived in reputation, and gave him education to qualify him for sea; taught him to read and write; and he had some knowledge of the theoretic as well as the practical part of navigation. At 11 years of age, he says, he was bound apprentice to a captain of a ship , that used the trade up the Straits, whom he served 7 years, and has since sailed before the mast in several ships, till about the middle of last September. He says, he never before this time wronged man, woman, nor child. He says, he was acquainted with Holmes, who was tried with him, but acquitted, by seeing him on board a ship in the river Thames; but he never was with him in any robbery before, nor ever suspected that to be his practice. He says, they had been out together that day the robbery, for which he suffered, was committed, upon the ramble; and having drank pretty freely, had spent all their money. He says, he was then in liquor, and Holmes proposed to him to rob the first man that came by, which happened to be Henry Rippen ; whom, he owns, he struck, and robbed of his hat; but utterly denies any design to cut his throat with a knife, as Holmes told the prosecutor; and he swore in court upon the tryal. French behaved very penitently after conviction, and to the last wept, and prayed heartily for forgiveness and the favour of God through Christ. 5. Job Horniblow , aged 21, was born in Cold-Bath Fields , in the parish of St. Andrew's, Holborn ; was bred up with his parents, who gave him education at a school in the neighbourhood of Hatton-Garden , where he learned to read and write. He afterwards work'd a little at his father's business, who is a baker ; but owns he was not very industrious at it. For four years past he has been a gentleman's servant in the capacity of a coachman or footman , sometimes one, and sometimes the other, according as opportunity presented; and says he left his last place but in February last; for what reason he did not choose to say; but, by his silence, one would imagine it was not for his good behaviour, especially as things have turned out with him in the end. Ever since, he owns, he has led a profligate life; gaming, and all kinds of debauchery have been his favourite entertainments; and none but thieves and lewd women had any share in his affections. He had forsaken all duty, and God gave him up to his heart's lust, and let him follow his own imaginations, which being evil continually have betimes worked his destruction in this life. He has been exceeding ill ever since his conviction. It pleased God to afflict him with a heavy hand, we hope, to punish him a while here, that he might escape punishment everlasting hereafter. If ever it might be said of any person, that he sought his own ruin, and was determined to run headlong into it, it surely might be of this unhappy youth. It was in February last, as aforesaid, that he left the service, wherein he was employed as under coachman. And he has been four times since taken up, and apprehended, as himself could not but acknowledge. At Epsom races last, he was taken amongst a parcel of gamblers at a gaming-table. Being examined as to the occasion of his being there, and required to give account of himself, he pretended, it was only curiosity led him to the races, and for his amusement. But, upon being searched, and a pistol found upon him, there was great suspicion of his being a bad person. Being further searched, several handkerchiefs were found upon him, which the owners present at his examination before a justice laid claim to, and then he owned, he came down upon that lay, to pick pockets, and to go on the highway, or any other mischief that came in his way, he was ripe for. To extricate himself from this share, he impeached two persons, who were taken up upon his information. But, no particular accusation being brought against them, both they, and he were let go. In the session of July last, Horniblow was evidence against one Thomas Rowland , who was indicted for stealing two bit-halters, and a pair of butt-ropes. In this robbery, which was done done in Bread-street , he was concerned, and being taken up, he informed where the things were to be found in Rowland's house. Upon his information the things were found, and Rowland being committed, Horniblow was admitted evidence against him; but, his testimony not being strengthened by any other, as to the fact, the jury thought proper to acquit Rowland, and Horniblow once more got his enlargement, which he made a very bad use of. For, in September sessions, he had the favour granted him to appear again as an evidence against a person, who was then tried for robbing the Blanford stage-coach. Here Horniblow swore, that he and another went from the Two Brewers , the bottom of Little Saffron-Hill , one night at 10 o'clock, and taking bridles and saddles with them, from that house, went to a field in Black-Mary's-Hole , from whence they stole two horses. From thence they went to Hide-Park-Corner , in order to rob the Blandford coach, which they did. This was the nature of his evidence; but again he wanted confirmation; and having proved himself in open court a wicked fellow, the jury did not judge it fit to believe him, and so acquitted the prisoner. Thus three times he escaped, by accusing others for what himself had been guilty of. All this had no effect upon him, but he resolved to go on in his wickedness in spite of all warning. The sessions of September did not end till Monday the 10th, and on the 17th he committed the robbery for which he suffered. After it was done, he and his comrades went to Highgate , where they spent their money, and thought to have got more; but returned to their old quarters without success; where they were taken in bed, with two brace of pistols loaded in their pillow-cases. Horniblow, being committed, said, he supposed he should be hang'd, but could not help it; 'twas too late now to recall what he had done. After conviction, upon full proof of the fact, he not denying, he behaved as one sorry for his mispent life. He said, extravagance had brought him to it, for which himself was not more to blame than somebody else, but said not whom he meant. He was very ill, but spent what time he could in prayer for forgiveness thro' Christ's merits. 6. Isaac Clarke , aged 26, says, he was born at Wanington in Lancashire , that he was brought to London by his parents when he was about six years of age, who put him to school, though he was not much advantaged by it, by means of his disinclination to confinement, being of an untoward disposition, and regardless of chastisement or advice. He says, had he given heed to his father's directions, it had been better for him; but, to his misfortune, he always run retrograde to all the advice given him, both by parents and others. At about 16 years of age he was bound apprentice to a person that hir'd out carts; though as the custom, he says, among carmen , is, not to let a boy drive a cart till 18 years of age, he was not to drive for 12 months after he was bound. During the 12 months, a person who was not much his friend, persuaded him to leave his mistress, he says, which he refused for some time; but, after a while, he was unluckily prevailed on to behave in such a manner as he was directed, which might reasonably be productive of complaints, and be the occasion of her being glad to get rid of him. In pursuance of such bad advice, he accustomed himself to lay out of nights, which occasioned uneasiness to her; and, after some time, thus transgressing against the good order of her family and house; she was willing to give up his indentures, and he was at liberty to be turned over. Accordingly, he says, he was turn'd over to a master, and he served out seven years, and was reckoned a useful fellow in his way. But, when his time was out, having perhaps not been so very diligent as expected, he was sued and arrested for 20 l. loss of time-money, during his apprenticeship. He says, this was about last Christmas was twelve months. After some time he had his liberty again, upon condition of paying so much a week. He did so, he says, for some time; but afterwards neglecting, for some weeks, to pay, he was again arrested in April last, as he was passing the Poultry , driving a cart, and put into the Compter. I think, he says, he raised some money, and paid more of this 20 l. debt, and gave a note for the rest, and was again admitted to his liberty. However, finding himself thus harrassed, and not liking the usage he had met with, he forsook his industry, and resolved to get a livelihood some how, and in time fixed upon one no way justificable, such as generally produces the utter ruin of the person exercised thereby. He got into bad company of both sexes, and having taken to idleness, and cast himself out of all honest employment, he became a prey to villany and wickedness. Being of a robust constitution, and daring spirit, he was a match for any undertaking however desperate, and had strength to oppose almost any single man's arms. His character seemed to stand pretty well in his neighbourhood, till some few months past. He was liable to drinking, and when in liquor was turbulent and troublesome; but as to labour, till he came to be linked in his last company's service, he was generally looked upon as a useful fellow. He owns he has been guilty of several robberies, and concerned with several people, and was frequently upon the pick-pocket lay, but had the good luck to escape till last October sessions. On the 26th of September he was concerned in the robbery for which he suffered, and was a principal actor in it. After which he met with a wench a day or two after, with whom he used to keep company, and promised to meet her again at night in Shoe-Lane ; but instead of coming herself, she sent people to apprehend him; which they did. He owned the fact, and the justice of his suffering, behaved very quiet and patiently under his unhappy fate, but would not say what other particular robbery, he had been concerned in, though he said he had been too much concerned in such evil practices. He said further, he was very sorry for what he had done, but that he was drove to it by ill usage. He hoped those whom he injured would forgive him, and trusted in the Lord for pardon of all his sins upon his repentance, and strength in Christ's merits. 7. Martin Sullivan , aged 30, was born, I think, I was told, at Cork in the kingdom of Ireland , and was bred to the sea , which he followed while at liberty to do for himself. But that way of life not answering his extravagances we may presume, he was induced by his own bad inclinations and bad company, to go a thieving: For, he was one of a gang, which was once very numerous and notorious. In August 1749, he was committed on oath of Ann Bricker , and others for stealing a great coat; of which he was convicted at the September sessions following, and of course transported. At the last sessions in October, he was tried for returning from transportation. And a person appeared and swore he was an evidence on the trial for the offence committed in 1749, when Martin Sullivan , whom he knew very well, to be the same person that was convicted, and cast for transportation; and further, he swore, he saw him, when he received sentence. The identity of person thus proved, he was capitally convicted, and received sentence of death. As he was a Roman Catholick , I could learn nothing further of him, and can only say, of him, that, as far as I could understand, he behaved quietly. He was a stout, robust man, and seemed equal to any labour. He appeared with seeming undauntedness to the last, and dy'd a Roman Catholick . 8. George Hailey , aged 38, was born also at Dublin in Ireland , of reputable parents, who brought him up well, and he might have provided honestly for himself. He was bred a carpenter , which being a business of extensive use, an industrious man might surely get an honest livelihood, if not an estate. And, he did own, that he might have lived very well, had it not been for some hindrance, which, we presume, was for want of inclination to industry, and propensity to idleness and bad company. He was a Roman Catholick too, and therefore, I had no opportunity to know scarce any thing of his life and conversation in the world. But what I did see, and hear, would convince any one of his being a wretch of an untoward disposition, and malicious cast of mind; and such was his behaviour to the end. The woman that was with the chairman, when he was robbed, and thus barbarously treated by them, accordingto their usual custom, swore positively to Hailey's black beard, and large eyebrows, which were plain enough to be seen. And Shields told Preston, he believed Hailey had cut off the chairman's arm. So that the justice of his suffering can scarce be doubted. He died a Roman catholick , and to the last endeavoured to put on an undaunted and hardened appearance. 9. Mark Shields , otherwise Chailes , aged 28, was born at Dublin in Ireland , and bred to no business. What method he took from his childhood I cannot take upon me to say; being also a Roman catholick , no question or enquiry was admitted from me. How long he has been in England we know not, but for some years he has been known to be both a thief, and a thief-taker. I understood, that he had wrote out a vast number of tricks, which he had played in his time, in both these capacities, which he intended to have sent into the world, and to have made publick, if his life had been spared, as he entertained great hopes of it; but was resolved to destroy them if he was executed. Some stir was made to save him, but the notoriety of his life was a barr to all those hopes or attempts succeeding, as may be very reasonably presumed. He boasted of having encouraged, and sent people a thieving, that he might have opportunity of taking them afterwards. One instance of which occurs to my mind upon reflection, and looking back to memorandums; viz. In July sessions 1751, he was evidence at the Old Bailey against Richard Holland and Daniel Thorowgood , for a robbery committed on Henry Dobbins , near Fenchurch-street , on June 11, 1749. Shields was the promoter of this robbery, as they both said at that time. He set them upon it, and stood at a distance himself, while they robbed the gentleman; and when he saw there was danger, he ran away. And afterwards, as they further said, he was instrumental in their being taken, being the main evidence to convict them; and they were both executed. Also in the year 1751, Sheilds and Penpraise (a most notorious stealer of goods upon the river Thames, transported) gave evidence against a poor cobler at Kingston assizes, for a robbery in St. George's Fields; but, the poor fellow's good character, which was given him by all his neighbours of credit and reputation, was an over-balance for all their hard swearing, which appeared to be for the reward only; nay, many people at that time believed that themselves had committed the very robbery. Shields did rob in St. George's Fields , as appeared in some measure from what Hailey said at the time of their tryal, where he mentions, indeed, only himself, and Preston the evidence against him; but afterwards Hailey made no scruple of owning that Shields cut Mr. Day, and Preston Mr. Townsend, in a barbarous manner. The chairman whom they barbarously treated, swore positively to Shields, who owned to Preston, the evidence, that he had cut a chairman in Soho-square ; so it is pretty certain he suffered justly. He was a stout-made young fellow, fit for any enterprize; and I can say no more of him, but that after conviction he seemed to behave very quietly. He died a Roman catholick , and seemed to leave the world with a calm and composed mind. Note, At the sessions in September last, Hailey was so wicked as to charge a poor widow woman with picking his pocket of the Sum of a guinea and an half. Accordingly he swore, and went before the grand-jury to give his evidence upon the pretended case; but the grand-jury saw into the villany, and that it was a malicious and wicked attempt, and threw out his bill of indictment against her. However, the affair was attended with great expence and inconveniency to the poor woman, who is upwards of 60 years of age; whereby she is much injured, though he missed of his design of taking away her life, upon account of some private pique and resentment he had entertained against her. At the Place of EXECUTION. ON Monday the 3d instant, about nine o'clock in the morning, James Fairbrother and Isaac Clarke , in one cart; Mark Shields , George Hailey , and Martin Sullivan , in a second; Job Horniblow , and William French , in a third; were carried to the place of execution, through a vast crowd of spectators. When they were come there, they were all put into one cart, and the halter being about their several necks, they were tied up to the fatal tree. Then some time was spent in prayer, recommending their souls to the Almighty's protection. After which, the four protestants desired time to sing a psalm, and they did sing two or three verses of the 104th psalm. Shields was reading his own book. Sullivan could not read; and Hailey endeavoured to behave with a most uncommon assureance and undauntedness, such as amazed all the beholders of this sad fate. When the caps were drawn over their eyes, they uttered repeated callings on the Lord Jesus Christ to have mercy on them, and to receive their fouls, before the cart drew from under them. The dismal scene went on without any interruption or disturbance; and their bodies were delivered to the care of their friends. This is all the Account given by me, JOHN TAYLOR , Ordinary of Newgate .

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When they sound the fatal Hour of Execution approach, they generally appeared in a very penitent frame and temper of Spirit; confessing the Justice of the Judgement they were to undergo, and particularly warning and desiring all Persons (especially those of the younger sort) To take heed of Idleness, Pride, Profuseness; and above all things to avoid loose women and ill company, which had been the great mean; that brought them to this ignominious and untimely death. And one particularly requested some friends to admonish all whom they knew of his Acquaintance, That they would consider their evil course of life, and for the future amend the same, and betake themselves to honest and industrious Imployments, as the onely Expedient to prevent their falling under the like deplorable Condemnation. THE CONFESSION AND EXECUTION Of the Six Prisoners suffering at TYBURN On Wednesday the 25th of October1676. VIZ. John Seabrooke , Arthur Minors , William Minors , { Henry Graves , Richard Shaw , Katherine Picket . Giving a full and Satisfactory Account of their Crimes, Behaviours, Discourses in Prison, and last Words (as neer as could be taken) at the place of Execution. Published for a Warning to all that read it, to avoid the like wicked Courses, which brought these poor people to this shameful End. The Execution of the Prisoners at TYBURN . AT the last general Sessions of Oyer and Terminer for the City of London and County of Middlesex , and Goal-delivery of Newgate , there was no less than Sixteen persons, Thirteen men and Three women, that received sentence of Death for their several and respective Offences; but by the mediation of Friends, and intervening Mercy, Ten of them obtained the gracious favour of a Reprieve; the rest of them were this day carried to the fatal place of Execution, there to expiate their Crimes (as to this world) with their Lives, justly forfeited to the Law by their manifold and repeated Transgreffions. For the Readers better satisfaction, and not altogether to disappoint his Curiosity, it may be convenient first to give a particular Account of each persons Facts for which they were Condemn'd and next to proceed to their Behaviour in the Goal, and at the place of Execution. And first we cannot but mind the sad condition of two Brothers Will. and Arth Minors : both of them had more than once been in Gaol on felonious accompts; the first was in Newgate about three years since, the last was discharged thence but two Sessions ago; yet being incorrigible, they fell to their old Trade of House breaking and Thieving . They now both suffer'd, but for several Crimes committed in different Places, and with separate Associates; one being condemn'd for stealing a very great quantity of Plate and other rich Goods, out of two Gentlemens Houses in the Countrey, which he with one R.L. (now likewise condemned, but reprieved to make further discoveries) did in the Night-time break open; a great part of the Plate being taken with them. The other brother died for breaking open house in the day-time in Middlesex , with one Richard Shaw his Companion in that Robbery, who received Sentence of Condemnation at the Old Bailey Bar , about a year and an half ago, but then obtained a Reprieve, and afterwards pleading the General Pardon, got out, but was brought in again the 30 of Goods being found about them. John Seabroake 'tis said was concern'd with his brother Henry lately executed for robbing a Merchant by London Wall , but not being taken or tryed on that Fact, it must pass only his Condemnation confess'd the same: What he died for was a Burglary, upon which being taken in Westminster , he was sent to the Gatehouse , and from thence transmitted to Newgate . Hen. Graves was Indicted for murthering Will Parker on the the 8th day of Feb.1674 near Islington . Upon full hearing of the Evidence (which seemed to be very close and home) the Jury brought him in only guilty of Manslaughter, for which the Mercy of our English Laws, in favorem vit, allows the Priviledge of the Clergy; but when the Prisoner came to the book, he was put back with a Non Legit; and thereupon received Condemnation with the rest. The only Woman suffering this Procession was one Kath. Picket , one that had been a frequent visitant of Newgate , several times Arraigned and Convicted of Thefts and Robberies, and often had the Mercy of the Court, who finding her now altogether incorrigible, and that no warning would work upon her for Reformation, thought fit to let Justice pass upon her; that honest industrious people may be no farther injur'd by her evil practises: the Crime she died for being for robbing her Landlord, when they were gone abroad, Filting the Lock of their Chamber-door, opening their Trunks, and stealing Plate, Apparel and Goods to the value of Twenty Pounds. By this particular of their respective Crimes, the Reader may preceive in what a sad course of Sin and Impenitence these poor Wrethes have lived; and now that they are to die, one would think their awakened Consciences, oppressed with such a mass of Impieties, must needs strike terrour into their Souls. But so sadly true it is, That the Custome of sin takes away the sense thereof; even the terrible Sentence of Death seemed not to make such impres- sions on their Spirits, as might be expected from persons under their lamentable Circumstances. But to rowse them out of this most dangerous Lethargy, several worthy Ministers were pleased, in Christian Charity, to visit them, laying before them, in the most plain and pressing manner, the desperateness of that condition they were in; that within very few days they would be cut off from the Land of the Living, and summoned to appear before that most Righteous Judge, that renders to every man according to his works: they desired to know of them, what thoughts they had about their Everlasting Estate, on what grounds they could hope to escape eternal Torments; they laid before them the unspeakable misery attending all that die in their Sins, without making their peace with God, and getting a saving interest in Christ: that by infinite Mercy they had yet, after so many refusals and provocations, some space (though very short) left for Repentance; and therefore it would be exceedingly their Interest to improve every precious minute of this time towards so necessary a work, Etc. These with other the like pious Exhortations, much more pathetically and advantageously delivered, as well by Mr. Ordinary, as other grave Divines, than I can hope to repeat them, were instrumental, by he cooperation of divine Grace, in some measure to mollifie the obdurate hearts of these Malefactors, so that several of them began to have a sense and feeling of the vileness and loathsom nature of sin in self, and to mourn and be sorrowful not so much at the apprehension of approaching Death(which they acknowledge themselves justly to havedeserved) as for this reason, that the had offendedso good gracious a God by so many multipliedacts of transgression. Divers of them acknowledged they had deserveddeath before this time; and being put upon it by aMinister to make an ingenious Confession of whomthey wronged, and to make satisfaction, if by anymeans they could, alleadging that Remission was invain expected till Restitution be made to mans utmost ability; two of them did confess the robbery ofseveral persons, and declared where and for whatthey had pawned and otherwise disposed severalparcels of their Goods, not to a quarter the value, tothe intent the owners might have them again, payingwhat they had taken upon on such Goods, whichthemselves were not now able to satisfie, thoughthey protested great willingness so to do. On the first Sunday all the condemned person attended with much Reverence and appearing Devotion, two very moving and Soul-searching Sermonsprincipally suited to that occasion; and it beingthought the next Wednesday would have been theday of Execution, when word was brought that itwas put off for a longer time, one of the Prisonerspublickly blessed God, That he had vouchsafed toafford him a further opportunity beyond his expectation, to fit himself for Eternity. And indeed it was most praiseworthy Charityof Authority to afford a large space for Repentance to these poor Wretches, that they might the better prepare themselves for another world, who had lived so sinfully in this. Which blessed Interval several able Soul. Physitions labour'd no less industriously to improve, by their repeated Instructions and Admonitions; sometimes like Bonarges's speaking to them in the Thunder and Lightnings of the Law, setting before them their sinful Lives past and the terrors of Judgment, And afterwards powring in the Oyl of Consolation, by displaying the rich Treasures of Mercy and Grace to the worst of Transgressors, that by Faith and sincere Repentance should lay hold and become interested in the propitiatory sacrifice offered up by the ever blessed Jesus.

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THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, Of the EIGHT MALEFACTORS Who were executed at TYBURN On Monday the 17th of JUNE, 1751. BEING THE Fifth EXECUTION in the MAYORALTY OF THE Right Honble Francis Cokayne , Esq ; LORD-MAYOR of the CITY of LONDON . NUMBER V. for the said YEAR. LONDON: Printed for, and sold by T. PARKER, in Jewin-street, and C. CORBETT, over-against St. Dunstan's Church, in Fleet-street, the only authorised Printers of the Dying Speeches. M.DCC.LI. [Price Six-pence.] THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, &c. BY Virtue of the King's Commission of the Peace, OYER and TERMINER, and Gaol-Delivery of Newgate, held before the Rt. Hon. FRANCIS COKAYNE , Esq ; Lord-Mayor of the City of London , the Honourable Sir THOMAS BURNET , the Honourable Baron CLIVE, and RICHARD ADAMS , Esq ; Recorder , and others of his Majesty's Justices of OYER and TERMINER, for the City of London, and Justices of Gaol-Delivery of Newgate, holden for the said City of London, and County of Middlesex, at Justice-Hall in the Old-Bailey , on Wednesday the 17th, Thursday the 18th, Friday the 19th, Saturday the 20th, and Monday the 22d of April, in the twenty-fourth Year of his Majesty's Reign, GARRAT BUNN , WILLIAM GIBBS , and EDWARD WARD were capitally convicted, and received Sentence of Death accordingly. By Virtue of the King's Commission of the Peace, Oyer and Terminer, &c. before the Right Honourable the Lord Mayor, Sir THOMAS DENNISON , Baron LEGGE, &c. on Thursday the 23d, Friday the 24th, Saturday the 25th, and Monday the 27th of May, in the twenty-fourth Year of his Majesty's Reign, JOSEPH PEACOCK , THOMAS QUIN , WILLIAM DOWDELL , THOMAS TALBOT , WILLIAM HATTON , PHILIP GIBSON , ROBERT DAMSELL , MICHAEL LEVI , and HENRY BOYTEN , were capitally convicted, and received Sentence of Death accordingly. Bunn, Gibbs, and Ward have behaved with all Quietness and Decency to all Appearance since Conviction; most of the rest required good looking after to keep in any tolerable Decorum. They all attended Prayers in the Chapel, till the Gentleman appeared who attends on those unhappy Persons of the Roman Catholick Persuasion. William Dowdell and Quin declared themselves of that Way. And after some time, Ward, Bunn, and Talbot became Roman Catholicks some how or other; and only Gibbs, Peacock, Hatton, and Damsell remained Protestants, who were pretty constant Attendants in the Chapel to the last. 1. Gerrard Bunn , was indicted for that he, in his own Dwelling-house, did make an Assault on Frederick Benson , and one Rug Coat, Value fourteen Shillings, one Rug Waistcoat, Value five Shillings, one Knife, and one Linen Handkerchief, against the Will of the said Frederick, from his Person did steal, March 18 . 2. William Gibbs , was indicted for stealing 23 Guineas, the Money of John Duncombe , in the Dwelling-house of the said John, March 13 . 3. Edward Ward , was indicted for that he, on the second of November, about the Hour of three in the Morning, the Dwelling-house of Miles Childery did break and enter, and nine Pewter Dishes, Value twenty Shillings, the Property of the said Miles, and one Hat, the Property of John Narbury , did steal, take, and carry away . 4. Joseph Peacock , was indicted for that he, in Company with two others unknown, on the King's Highway, on John Collison did make an Assault, putting him in corporal Fear, &c. and one Gold Watch, Value 10 l. one Man's Hat and Crape Hatband, Value five Shillings, against his Will, from his Person did steal, &c. May 1 . 5, 6, 7. Thomas Quin , Joseph Dowdell , and Thomas Talbot , otherwise Crawford , were indicted for that they, on the King's Highway, on George Rook did make an Assault, putting him in Fear and Danger of his Life, one Silver Watch, Value forty Shillings, two Guineas, and twenty Shillings in Money numbered, from his Person, and against his Will, did steal, take, and carry away, &c. May 12 . 8. William Hatton , otherwise Forrester , was indicted for that he, in Company with David Jones , on the twenty-third of April, between the Hours of One and Two, the Dwelling-house of David Paul did break and enter, and six China Cups, Value twenty Shillings, four China Saucers, one Bow China Tea-pot, one Earthen Tea-pot, two Pickle Dishes, Earthen Ware, one Earthen Fish Strainer, one Shew-Glass, and other Things, did steal, take, and carry away . 9. Philip Gibson , was indicted for that he, on the King's Highway, on John Davis did make an Assault, putting him in Corporal Fear and Danger of his Life, one Iron Snuff-Box, Value one Shilling, one Linen Handkerchief, Value Eight-pence, one Penknife, Value Three-pence, and one Halfpenny in Money, from his Person did steal, &c. April the 29th . 10. Robert Damsell , was indicted for that he, together with Samuel Allen and John Dawes , on the King's Highway, on William Head did make an Assault, putting him in Corporal Fear and Danger of his Life, and one Gelding, of a dark Bay Colour, Value twenty Pounds, four Pistols, Value eight Pounds, one Bridle, one Saddle, and Furniture, the Goods of Thomas Wilson , Esq ; and ten Shillings in Money numbered, did steal, &c. May 14 . 11. Michael Levi , was indicted for that he, not having the Fear of God before his Eyes, nor regarding the Order of Nature, on Benjamin Taylor , an Infant, of twelve Years of Age and upwards, did make an Assault, and feloniously, wilfully, and diabolically did carnally know, and with him the said Benjamin did commit and perpetrate that abominable Crime of Sodomy, to the great Displeasure of Almighty God, &c. March 25 . 12. Henry Boyten , was indicted for forging an Acquittance for the Payment of five Guineas, with Intent to defraud , to the following Purport: Received of Capt . Henry Boyten five Pounds five Shillings, for Wages, and all other Demands, by me, John Badesta Morisca . Aug. 30, 1749. 1. WILLIAM GIBBS , aged 40, was born in the Parish of St. James's , Westminster , taught to read and write, and bred a Carpenter by Trade. He was brought up well for the Son of People of an ordinary Station in Life, and says he might have done well, had he pursued those Instructions which they caused him to be furnished with in his early Days. He served his Apprenticeship of seven Years faithfully, and worked as Journeyman very diligently for some Time after, till he had saved some Money; and getting married, set up in Business for himself, to try his Fortune in the World, and had two Apprentices when he was taken into Custody upon Account of the Fact for which he suffered; one of them he turned over to another Master, since his Confinement in Newgate ; the other went away, and he has not heard of him since. He says himself that he lived in good Repute in his Neighbourhood, but his Neighbours seemed to say the contrary. In our first Conversation he said he had lived a very orderly Life, and constantly attended his Duty to God in the Church, scarce ever absenting himself on a Sunday; but that latterly indeed he had forsaken his God, and he seared God had forsaken him. It pleased God, he says, to afflict him with Sickness, of which he thought he should have died; in the Time of which Affliction he had considered his Ways, and found himself very much wanting in his Duty. He then made faint Resolutions of Amendment, but afterwards forgot that God had been gracious unto him, and returned to as bad, if not worse Practices, than before he had been used to. He owned thus far; that he had forsaken God and Religion, and given himself up to Idleness and Drunkenness, the Fountain of Iniquity of all Kinds, to loose and disorderly Company, and to Gaming. He pretended however he had never wronged any Body, and persisted to the last to declare he took the Purse only in a Jest, intending to give Mrs. Duncombe a Caution to be more careful for the future; and gives an Account of the Transaction, under his own Hand, in the following Manner. He behaved well under Sentence of Death in the general, had at Times great Reluctance, and shewed Marks of Contrition. The Case of the unhappy WILLIAM GIBBS , now under Sentence of Death. ON the 13th of March I went to the House of John Duncombe , at Nine at Night, to get a Pint of Beer. I lived five Doors from him. I sat down to drink my Beer, and in came Litchfield, Corbet, Smith, Jackson, and one Gordon; Litchfield went away, and left the rest; Smith and Corbet went to Cards, and Wine came in plentifully. I being a Neighbour, was desired to take Part, which I did. About Two o'Clock Mrs. Duncombs took her Purse, and dropt it over the Bar, I believe, in the Sight of all, except Jackson, who was drunk, and asleep on the Ground, notwithstanding he took upon him to swear hard against me, and was scarce able to stand or sit upon a Chair. I seeing Mrs. Duncombe so careless, and for no other Reason than to make her careful another Time, took the Purse, thinking it was Silver, (and not imagining a Sum of that Consequence would be so heedlessly handled) took it, and went and laid it on a Bulk, (which, by the bye, was his own Wife's Green-Stall) a few Yards from Duncombe's Door. Mrs. Duncombe missing the Purse, cried out, I have lost twenty-three Guineas; which frightened me almost out of my Senses, and she called her Husband. I denied the taking of it, and desired the Servant to call my Wife, thinking to get her to bring the Purse, and drop it in the Bar, or thereabouts; for, when I heard of the Sum, my Heart melted within me. Mr. Duncombe said, There's no Occasion to call any Body, it is a Joke, and I will give a Bottle of Wine, and a free Pardon, and Thanks to him that will give an Account of it. I was very glad to hear that, and called him Backwards into the Yard, and said, Mr. Duncombe, I am sorry I should jest with such edged Tools, I little thought the Contents, but as I am a Neighbour, and live in Credit, pray let it go no farther; he said it should not; I told him where it was, and sent him for it. The Purse he had intire, and brought in a Bottle of Wine; and shook Hands; and, to all Appearance, were good Friends, as formerly, I having used his House ever since he kept it. And when he went to take Ship to go to Scotland, and carried a great Charge of Money, he chose me to conduct him, at Midnight, from Hyde-Park Corner to Hermitage Stairs . I really loved him, and would have done him any Service, as soon as I would have done it for myself; but a Person in Company, Corbet by Name, said we could not make the Matter up without going before a Justice. We agreed to go, Mr. Duncombe, myself, and another, privately. We did so, and Mr. Duncombe told the Justice, who lives near Golden Square, St. James's, that it was a Jest, but that he wanted to be safe, and we were recommended to give general Releases. While my Wife was gone to get Releases drawn, an inveterate Enemy of mine came into the publick House where we were waiting, who called Mr. Duncombe out, and persuaded him to go to another Justice, and take out a Warrant for me, and before my Wife came back with the Releases, they had served a Warrant on me; and although we were within five or six Doors of the aforesaid Justice, they were ashamed to take me there, but took me about a Mile to another, by whom I was committed, although before recommended for Releases by the other. It plainly appears I had no Intent to keep the Purse or Contents for several Reasons: As first, No Person could lay it on me more than another, for there were four Persons in the House besides myself, and, as I am a dying Man, I never had a Thought of defrauding him of a Shilling. Secondly, I, as a Friend and Neighbour, have been Night and Day entrusted in his House, all the same as his Brother, and he never lost any thing as I ever heard of. Lastly, My Circumstances were not so bad as to cause me to do an ill Action, for I kept two Shops, one at Hammersmith , where my aged Father and Mother lives, and the other at Hyde-Park Corner ; and when I came into Trouble I had two Apprentices, one of whom I have turned over since I have been in Newgate . I have a Wife and three Children, a Father and Mother, the one 80, the other 85 Years of Age, whose grey Heirs, without God's great Mercy, will be brought with Sorrow to the Grave. When this great Misfortune happened to me, I worked for a great many noble Families, and I praise God, wherever I worked there was nothing lost. That unhappy Day, the 13th of March, I had been part of it at work at a worthy Gentleman's, and was weary, and wanting a Pint of Beer before I went to Bed, could not be content to have it at Home with my Family, but must unfortunately go to the House, whereby I put myself in the Way of this great Misfortune, and if it be the Will of Divine Providence that I must suffer, I am content and resigned. William Gibbs . May, 1751. In this Light he looked upon the Matter to the last, nor would he be persuaded to see it in any other; and I leave the Reader to determine, whether or not, according to his own Account of the Matter, there is the Appearance of a felonious Intent. Besides, the Method he would have made use of to save himself, when before the Justice, by whom he was committed, favoured much of a bad Principle; for, in order to screen himself, and save his Life, which he thought to be in Danger, he made Information before that Gentleman against eleven Persons, whom he pretended to be concerned with in several Robberies. Two of them were taken up, and Warrants issued out against the others; but, upon the Justice's telling him, that unless his Information was supported by some other Evidence, it would be of no Avail to him: He next contrived to send a Letter toa certain Thief-taker, desiring him to appear before the said Justice, and swear a Robbery against Gibbs and some of the others he had informed against, or he was still in a bad Condition: But, unfortunate for him, his Letter came to the Justice's Hands, and his wicked Scheme to swear away innocent People's Lives, to save his own, was detected; however, the Justice thought he had reason sufficient to commit Gibbs. The two Persons taken upon his Information were set at Liberty, and the Warrants against the others withdrawn; but Gibbs being brought to Trial for the above Offence, was, upon full Evidence found Guilty, and suffered accordingly. EDWARD WARD , aged 21, was born at Waterford in the Kingdom of Ireland , of poor Parents, who gave him no Education, and very ignorant he was, but had a great deal of low Cunning. His Mother dying while he was an Infant, his Father enlisted for a Soldier, and, coming up to London , brought this unfortunate Youth along with him, when he was about eight Years of Age. After he had been in London about two Years, and supported by his Father, he was bound Apprentice to a Cutler on Towerhill, whom he served about four Years and an half, and then ran away from him. After this he took to the Sea , and went before the Mast in several Ships of War, particularly in three different Ships, which he says were stationed on the Coast of Scotland during the late troublesome Times in those Parts. It seems he passed for a quiet harmless Fellow on board, and was not out of the Government Service, till discharged, when there was no more Call for him. When he came ashore again, he says he applied to the Trade for Business, and got Employment, and when he did work, he could get his 16 d. a Day in the Cutlery way. Happy had it been, had he had the Grace to follow this honest Employment, whereby he got so good a Livelihood, but the contrary has proved his Ruin. At first, after Conviction, he was used to go to Chapel to Prayers, and I had an Opportunity of speaking with him, but afterwards he took it in his Head, about five or six Weeks after convicted, to be a Roman Catholick , and our Conversation was at an End. While I held Converse with him, he all along protested against having been concerned in any more than two-Robberies, and would not allow, that that for which he was convicted was one of the two, notwithstanding what the Evidence so positively swore against him and others. With Relation to his Confession of it, He says, the first Robbery he ever committed, was upon one Elizabeth Knot , and Henry Thompson , the 22d of July, 1749, and that he, and Thomas Robinson , and John Cross , a Negroe since executed, did rob the two Persons abovementioned in a back Lane, opposite St. George's Church in the East , and Ward was particularly active in these Robberies, but being admitted an Evidence escaped for that Time. Another Time he own'd, that he went out with John Robinson , the Evidence against himself, and they broke open an House in Whitechapel , from whence they stole a Quantity of Tea, and got off undiscovered; but as to the Robbery and Burglary for which he was convicted, he obstinately denied it, so long as I had any Opportunity to talk with him. The Truth is, he had been for three Years past upon the Lay, and had a Hand in diverse Robberies, so many that he could not remember their Number, and might have gone on still, had not he and Robinson sell out, and threatened to take away each other's Life by Information; however, Robinson had the good Luck to be before-hand with him, and went to the Thief-takers, informed them first against Ward, and directed them where he was to be met with, and accordingly they found him. Ward hoped again to be made an Evidence, but the other appearing more ingenuous in his Confession, and declaring more than Ward chose to do, was admitted an Evidneceagainst him, who had had his Turn before. He was an unhappy ignorant Creature, but very wickedly inclined, and being, without all Instruction, left wild to the Drist of impetuous Passions. Heseem'd lost to all Sense of having an Account to pass hereafter, shewing much greater Regard to the Preservation of his Body, when dead, than to provide for the Salvation of his Soul, that it might live forever hereafter; for a Gentleman's Curiosity leading him up to the Chapel, (who was a Surgeon) and discovered by some of them that had some Knowledge of him, Ward particularly expressed himself, that he would not come there to be exposed to the View of Surgeons, and was as good as his Word for once, for he never came to Chapel again. An unhappy Wretch! that nothing but Death could put an End to his Wickedness; and many a Time had he undergone the Discipline due to a Pick-pocket, as his Accomplices say, and once he escaped Hanging by being admitted an Evidence. And though he had thus himself contributed towards an Example of such Miscreants being made; yet could he not forbear, but Wickedness trod upon his Heels to the Grave. THOMAS QUINN , aged 29, was born in Thomas-street in Dublin , in the Kingdom of Ireland ; his Father was a very honest Man, and during his Life-time, bred up this unhappy young Man in the Tracts of Honesty and Virtue; he did not live long enough to compleat this happy Beginning, and soon after his Death, his Mother, who had very creditable Relations in that City, prevailed upon her Brother to take him under his Tuition; he did not remain long with his Uncle (who had a great many Children of his own to provide for) but was placed with a Buckle Maker , whom he was to serve in the Quality of an Apprentice for the Term of seven Years. During the three first Years of his Servitude he behaved with great Care and Diligence in his Master's Family and Business, and few in the Trade understood the Business better, for the Time he was in it; in short, he was the Darling of his Mother, a Satisfaction to his Uncle, and the Pride of his Master. His Friends took Care to supply him with Apparel even superior to his Station, and as he advanced in Years, so the more conceited Opinions of himself he begun to indulge; there were several of his Companions whose Morals were corrupted from their Infancy, who never thought themselves happy, but when they were engaged in Riots and Quarrels, and these were the set of People that first broke in upon the Fences of his good Behaviour, and embroil'd him in the Disputes betwixt the Liberty and Ormond Boys, as they are called in Dublin. In these Frays he bore a superior Sway, and by his Rashness and Intrepidity the Party he espoused generally had the Victory. In one of these Combats he almost massacred an inoffensive Spectator, some of whose Friends standing by, dogg'd him to his Master's House, and whilst he went to muster some Forces to bring him to condign Punishment, he stript, and went into the Shop to finish his Days Work. The Officers of Justice surrounding the Shop, desired he would deliver himself up. But there being a Number of stout Fellows at work in the same Shop, they unanimously sallied out, arm'd with Pokers, Broomsticks and other Weapons, such as were to be pick'd up about the House, and then made so vigorous an Onset upon their Opposers, that they were glad to get off the Ground as fast as ever they could run. Quin dreading the Consequence of this Affair, went to his Uncles, related what happened, and with the general Approbation of all his Friends, it was thought necessary he should that Night go aboard the Packet, and quit the Kingdom. He was well provided with Money, and had Recommendations to some Gentleman in London to provide further for him, and with great Fatigue and Labour he reached London , where, in a short Time after, he went aboard the Mercury Snow , which was afterwards stationed in Legborn ; in six or seven Months he ran away from this Ship, and entered himself on Board a West Indiaman, but being entirely disatisfied with a Seaman 's Life, he was paid off, and work'd his Passage to London , where falling in with Joseph Dowdle , who was well acquainted with his Courage and Resolution, was prevailed on and inveigled by him, after his Friend Carter's Death, to act in Consort with him. The first Enterprize he went on, in Conjunction with him, was a Street-Robbery near Drury-Lane ; where being overpowered with superior Strength, Dowdel was taken, who called out to Quin if he would not come to his immediate Deliverance, he would be lost, the latter returning in a Minute, dispersed the Croud, put the Party he robb'd to Flight, and rescued his Associate from the Brink of Ruin. Another Day, as they were strolling after Prey, Dowdle perceiving a Silver Tankard in a Window, ordered Quin to take Care and be in Readiness, the former lifted up the Sash and run away with it, whilst the People of the House pursued him with the Hue and Cry, calling out Stop Thief! Some Gentlemen passing by drew their Swords to stop him, whilst Quin, who was still watching the Motions of his Companion, perceived he was hard set, and regardless of Danger, cleared the Way for his Friend's Escape, who went off with the Tankard, and then sought his own. They committed many Robberies together in all Parts of the Town, before they engaged in the outragious Attempt upon the Gatehouse, in Order to rescue Jones, alias Harpur, a notorious Street-Robber, &c. from his Custody, to which he was committed for robbing General Sinclair of a Gold Watch near Leicester House; for which Offence eight Persons were convicted and imprisoned in Newgate, from the Time of the Sessions in April 1750, to that in April 1751, when they were again set at Liberty, as dangerous a Set of Fellows as ever were upon the Town. During the short Time they had their Liberty, Quin acted in his old Capacity in Company with Dowdel and Talbot, as desperate a Triumvirate as any Body need to meet with. If they robb'd you, and you suffered them to do it tamely, perhaps they would do you no farther Harm; but if you opposed, Fire and Sword was the Word, and they had Hearts corrupted enough to perpetrate any Wickedness. He seemed affected upon Account of his Crimes, and died a Member of the Romish Church . 4. JOSEPH DOWDEL , aged 27, was born at Cappinting , in the County of Wicklow , in the Kingdom of Ireland . His Father was a Bookbinder, and by Reason of Misfortunes, and a large Family, gave this Youth but a slender Education. He was of an untoward Disposition from his Infancy, and though his Father at proper Years put him Apprentice to a Breeches-maker , yet his Inclinations tending rather to Idleness than Industry, he made nothing of it. He had scarce served two Years of his Time when he began to repine at his hard Fate, and concluded with himself to leave that troublesome Business, as he thought it; and imagining the Life of a Footman would better suit his Temper, he studied how to get rid of his present Employ, and at length he found an Opportunity; for his Master having a Parcel of green Leather brought in, gave Orders to Dowdel to take Care to shelter it from the Inclemency of the Weather in Time of Frost and Snow, which is a great Enemy to such Ware. Instead of doing as he was bid, he made use of this as an Opportunity fit for his Purpose, and covered the Leather with such Heaps of Snow and congealed Ice, as rendered it useless. The Master, irritated at this, sent for his Father, gave him his Indentures, and sent him away, reviling him much for his Ingratitude to him, who had all along used him very well, and deserved better at his Hands. After this, he prevailed with his Father to recommend him to a Gentleman of Fortune that lived near him, whom he lived with for some Time, till his Impudence and Presumption became intolerable; and having committed a grievous Fault, for which he expected severe Correction, he made off, and reach'd Dublin , unprovided of Money or Friends; and meeting with Difficulty to support himself without Labour, which was his Aversion, he began to commence Pick-pocket, until his Acquaintance with a higher Class of Thieves became more extensive; which he has not failed strictly to propagate and keep up, both in Ireland and England. He always acted with more Resolution than any of his Associates, and reign'd a long while without any Danger, till breaking into a House in Dublin , with Intent to rob it, the Servants being alarmed at his Entrance, suffered him to pursue his Design, till coming in, they seiz'd him. He knowing his Life was at Stake, laid on among them with a Scimiter, forc'd his Passage, and got clear off; but on his Return to the Place of Rendezvous, he was discovered by the Watch, being covered with Blood, who took him into Custody. In the Morning he was carried before the Lord Mayor, who finding, upon Examination, that he was some dangerous Person, committed him to Newgate, and ordered Enquiry to be made after the Gentleman whose House he intended to rob. An Advertisement was put in the Papers, which the Gentleman seeing, came before the Lord Mayor, who acquainted him with the Proceedings. The Servants he escaped from posted away to Newgate, but the Prisoner being quick in Invention, disguised himself between his Entrance to the Jail and their Arrival; upon which he was produc'd, and some imagin'd he was the Man, and others thought the contrary. However, there was a legal Prosecution carried on against him; but it appearing to the Court that the Evidences were not sufficient to convict him, he was acquitted. He was not dismay'd at his late bad Success, nor sensible how powerfully Providence interpos'd in his Favour; but hurried on by a vicious Inclination of committing Vice, he followed his former bad Practices without the least Remorse; and numberless are the repeated Robberies he committed afterwards, and much more surprizing his Escapes. At length, thinking himself secure under the Protection of his ill-applied Courage and Arms, and in order to screen himself from a hot Pursuit, he went to a Farmer's House, that did not live far distant from Finglass , a small Town near Dublin , where he introduced himself as a Citizen in good Business, languishing under a Composition of Disorders, that rendered it absolutely necessary for him to enjoy the Benefit of the Country Air, to restore him to his Health; and that he was ready and willing to make him any suitable Recompence he should think proper to require for his Trouble. The Man believing he was in Earnest, told him, he was satisfied to entertain him, and gave him the best Accommodation his House afforded. He remained here upwards of ten Days, not daring to venture out. Having now staid as long as he thought proper, he told the Farmer one Day, that he was very desirous of going to Finglass , and requested the Favour of his Company; where being come, after they had refreshed themselves, they went to take a View of the Town. Dowdel seeing some Shops fit for Trade, took Occasion to tell his Friend he wanted to purchase some Necessaries. He bought some Trifles in one, and some in another, until he surveyed the greater and richest Part of them. In one he saw the Owner pull a Till from under his Compter, which contained no small Matter of Cash; which he greedily eyed, and came to a Resolution to have it, at the Hazard of his Life. He treated the Farmer with Abundance of Respect, and ply'd him with more Liquor than he could well bear. Then they returned Home, and it being late in the Afternoon, he was seized with a sudden Thought, exclaiming bitterly at his Forgetfulness; saying, that his chief Business in going to Finglass in the Morning, was to buy some Remedies he must indispensibly take that Night. The Farmer ordered his Servant to saddle the Horse, and Dowdel set off, promising to return shortly. He came to Finglass , and posting his Horse, at a convenient Distance, madeup to the Merchant's House, entered the Shop, and carried away the Till unperceiv'd; he immediately mounted, and went to Dublin that Night. The poor Farmer being surprized at his not coming to his House, as he promised, went after him, but could have no Account of him. He pursued him with an Hue and Cry to Dublin, leaving no House of Entertainment without enquiring after him. The first Inn he happened to go into in Thomas-Street , was that wherein he had set his Horse up, and in a few Minutes saw his Chap, with three Horse-Dealers, enter the Stable. He screen'd himself in a House of Office, where he overheard their Discourse. He directly went for a Constable, and waited for a proper Opportunity, rush'd in upon him, and brought him to Justice. He was transported for this Fact the Sessions following, to the general Satisfaction of the Inhabitants of that City. On the Voyage they met with contrary Winds, and the Vessel springing a Leak on the North-West Coast of England, most of the Crew perished; but alas! Fortune preserved him for a worse Fate. With much Difficulty he reached the Shore near Whitehaven , and by the Humanity of some Fishermen, who administred him seasonable Relief, he in a short Time recruited his decay'd Spirits, and brought him safely to the above Town, where they made a Collection for him, and got him a Passage to Liverpool , where he shortly engaged in a Privateer fitted from thence. They were not long at Sea before they took several rich Prizes, which they carried into Lisbon Harbour . This unfortunate Man's Dividend amounted to upwards of sixty Pounds sterling, which, as soon as he received, he spent in Debauchery and Extravagance. Here he got himself into a bad Scrape, for the Practice of his old Tricks, which he could not forbear, when his Money was gone. He robbed a Gentleman, and was imprisoned, and in Danger of being put to Death; but the English Factory interposing, made Interest to get him off, and he was once more set at Liberty. Upon this he thought best to get out of the Country, and an English Man of War then lying in that Harbour, he had the good Luck, being bred to the Sea for some time, to be taken on board, and put before the Mast, and failing for England, landed at Portsmouth shortly after. As soon as convenient might be he came up to London , provided himself with decent Apparel, and held on his former Courses of Debauchery and bad Company, until his Money was consumed. He contracted an unequall'd Friendship with one Carter, a famous Villain among his own Profession, with whom he acted a long Time in Company, and who, in Conjunction, rendered it very unsafe for any Gentleman to venture to the Play-house without a Number of Domesticks. Covent-Garden was their Scene of Action, and to describe the many flagrant Acts of Villainy they committed there, would fill a Volume; it must suffice, that in the Month of February, 1748, they left their House of Call in Drum-Alley , Drury-Lane , properly accouter'd, with a definitive Resolution to rob the first good Mark they met with; and under the Piazza's they did not wait long before they found a proper Subject for their Design, a Gentleman, whom Carter stopp'd, and demanded his Money, whilst Dowdel kept the Coast clear. The Gentleman made Answer, he was welcome if he would come and take it. Carter bellowing the most dreadful Imprecations, that he would that Minute blow his Brains out, was stopp'd by the Gentleman's seeming Condescension, who boldly came up to the Russian, and, without any further Hesitation, ran him quite through the Body, whilst Dowdel, almost encompassed, had nothing so earnestly to consult as his own Safety. Thus, by the Intrepidity and Resolution of this brave Man, the most notorious of Mankind was dispatched, whilst his abandoned Associate was permitted to reign a little longer, still vowing Revenge for the inconsolable Loss of his dear Companion. I must observe, that he kept Company with one of the Ladies of the Town, who was not long before kept by a Man of Fortune. This young Woman having a Gold Watch, and some other valuable Moveables, was ordered by her new Master to pawn her Watch, to supply some immediate Call he had for Money. The young Woman, being as sharp as he, would not comply, upon which he violently beat and kicked her out of Doors; she went directly to a Justice, and had him committed to Newgate for the Assault, where he remained until the ensuing Sessions, when, for the want of a Prosecution, and no Bill being found, he was upon the Gaol Delivery discharged. A little after he got his Liberty, he made Love to a young Woman that lately came from Gibraltar and Port-Mahon, who was formerly on the Town, and who had saved an hundred Moidores in her Expedition. This Creature he prevailed on to live with him, and when he got all her Money, and forced her to pawn her Clothes, he thought he must do something to render him famous; it happened about the same Time that one Harpur was committed to the Gatehouse, for picking the Pocket of General Sinclair of a Gold Watch; and Dowdel judging it would redound greatly to his Honour to relieve his Friend in Distress, prevailed on a Number of rash young Men to join him in the Enterprize. Accordingly they went to the Gatehouse, and Dowdel first entering with a Pistol in his Hand, demanded the Body of the said Harpur, swearing, unless he was directly delivered into his Hands, that he would destroy both Keeper and Turnkeys. Upon the whole, he was brought out and rescued in Manner aforesaid, and safely conducted to a Place of Security, until his Escape was found practicable. In the mean Time the Keeper of the Gatehouse complained of the Nature of this Outrage to the Government, as also inserted a Paragraph in the News-Papers, offering a large Reward to any of the Persons concerned in this Rescue that would make a Discovery, with a free Pardon. One O'Brian a Bricklayer took the Bait, and gave in the Names of all the People, which obliged Dowdel, with several others, to seek for Shelter in Ireland . They were scarce landed in Dublin , when the Hue-and-Cry pursued them. Some of his Fellow-Travellers fell into the Ambush before it was his Lot. But being prompted on by his evil Spirit to see how his Friends far'd in Newgate, he was by one of the Turnkeys detected in speaking to one of them through an iron Gate, who, under a Shew of Friendship, begged of him to go, in promising he should have Liberty of departing when he thought proper. He, however, would not take his Word, but the other calling for Assistance took him, and was immediately committed, and in some Time after transmitted to London, under a strong Guard. He together with eight more, took their Trials at the Old-Baily , and in April, 1750, received Sentence to remain in Prison for thirteen Kalendar Months. During the Time of his Imprisonment, he behaved with great Insolence, drawing his Knife, upon every trifling Occasion, to stab his poor Fellow-Prisoners. On the 29th Day of April, 1751, he was discharged, and in six Days he, together with his wicked Confort Tom Talbot , robbed no less than six Coaches, and got to his Share two Gold Watches and fifty Guineas, besides Rings, and other Things of Value; and in robbing Mr. Rocke, which was perpetrated on the Saturday Night, he was run quite through the Thigh, for which Fact he was condemned. During Condemnation he behaved with his usual Audacity, and died a Roman Catholick . 5. THOMAS TALBOT , aged 39, was born in Wapping , he was taught to read and write, tho' born of Parents of low Degree; & when he arrived to the Age of 13, he was hired for Servant to a Master of an Inn in Piccadily , that supplied People with Coaches to Bath, Bristol, and other Parts of the Kingdom, in the Quality of a Postilion . He did not remain very long in that Employ, when he was ordered to attend some Company to Bristol . Upon the Journey he saw a Highwayman near Reading in Berkshire, who robb'd the Gentlemen in the Coach he belonged to, and and march'd off with a very large Booty, which Incident captivated his Mind, and he thought it a pretty Way of getting Money, and grew tired of his own troublesome and laborious Life. As soon as he returned to London , he made it his Business to find out the Haunts of these abandoned Miscreants, and after he had been fully instructed in their various Characters, he thought it more for his Interest, to address the bravest and most generous amongst them, than solicit the Friendship of the Meanest, therefore hearing very much of the Abilities of an Irish Man, who followed such notorious and illicit Practices, he offered himself for his Service, promising to be true and trusty; adding, that he had it greatly in his Power to be serviceable to him, and that if he made him an adequate Recompense for the profitable Intelligences he should give him, that he would be indefatigable in his Interest. This Discourse drew the Highwayman's Attention, and looking upon him to be an excessive smart Boy, he desired him to proceed to the Particulars of his Information, promising if he should succeed in any Shape by his Means, to make him a most grateful return; then Talbot told him with whom he lived, and that he frequently went to Bath and Bristol , and if he could fix upon a convenient Place, he should have a previous Account of the People, and their Circumstances; the Fellow relished his Proposal, entertained him in the most affectionate Manner, and dismissed him with a Guinea. Thus he entered into a Conspiracy with a most egregious Villain, to the great Detriment of the Honest and Just; it was not long before a seasonable Opportunity offer'd to perform his Promise, a Coach and six Horses being hired by four Persons from his Master to go to Bristol, away he posted to his Coleague to impart this News, and ordered him to have every Thing in Readiness against the next Morning, when they were to begin their Journey. Hounslow heath being the Place appointed for Action, where these four Gentlemen were robb'd very early the next Morning of their Watches and Money, which was considerable, and they were obliged to defer their Journey and return home. Talbot in Consequence of his good Offices was presented soon after with a Purse of fifty Guineas by his Confederate, who enjoin'd him to Secrecy, and prompted him on to repeat his Intelligence as often as an Opportunity served; flush'd with Success he was determined to act with great Fidelity to his Friend, and with Circumspection in Regard to his Money, which he kept concealed where it was impossible to find it out. The next Attempt was made soon after upon an Officer of Distinction in the Guards and his Lady, who were robb'd by his Contrivances; they held on this horrid Course of Life three Years without being detected, till a Scotch young Gentleman, being on a Journey to Bath, was attacked by this Highwayman, who stopp'd the Coach, and ordered the young Gentleman to deliver his Money, otherwise he swore he would put him to Death. These Menaces had no great Effect upon the Gentleman, who happened to be a Person of great Intrepidity and Resolution; but he opposed himself to the Robber, overcame him, and took him, and had him brought to his deserved Fate. Talbot pronouncing a thousand dreadfull Imprecations upon the Author of his Friend's Death, and when he returned to Town he left his Master to set up for himself; he resorted to Houses of ill Fame, and kept Company with none but Whores and Thieves. In a short Time he squandered away his ill-got Store, and had Recourse to House-breaking, Thieving, and every other Act of Wickedness his Mind could suggest. In some of these Scenes he so narrowly escaped the Hand of Justice, and being naturally a Coward, that he thought it more adviseable to relinquish his base Practices than run the Hazard of being detected; he therefore prevailed on his former Master to give him a Character to a noble Personage, whom he lived with in the Quality of a Coachman . He was not very long entered into this Service, when he fell upon a Method of privately conveying several of his Graces Goods out of his House, which he sold to support an extravagant Intrigue he carried on with one of the Maids; however he kept his Place a considerable Time, until his turbulent and outragious Disposition made the Family uneasy, who could not submissively bear his Insolence without being redress'd, and were obliged to make a general Complaint against him; in Consequence whereof he was shamefully discharged; he saved some Money in this Place which he lavished among Whores, and contracted such a Malignity of Intemperance and Vice, that he was really dangerous to civil Society; he carried on an Amour with an abominable Strumpet of the Town, called Nosegay Nan, the Wife of a noted Thief Catcher, who was then at Sea. This abandoned Prostitute subverted all Hopes of Amendment in him, and it was by her wicked Allurements that he was tempted the second Time to turn Thief and House breaker. In short, innumerable were the Robberies this terrible Fellow perpetrated, and was so hardened in Cruelty, Villainy and Vice, that he would have nothing unattempted to satisfy his Passions. He had been tried for a Robbery and Murder some Years ago, but acquitted, together with a Woman of ill Fame; and though he had often evaded being brought to condign Punishment for all his enormous Facts, yet he ungratefully judg'd these Motives too inconsiderable to stop him in his Career, but went on as soon as he was discharged upon his former bad Practices. The Night he got his Liberty, he robb'd a Coach in Drury-lane , and went off with a large Booty of Money, and a Gold Watch, which did not last him very long, but he was again by his Necessity and the Entreaties of his Doxy influenced to go upon his nightly Expeditions, and coming by a Publick House in Westminster , he observed a glimmering Light in one of the upper Apartments, and knowing the Proprietor was a Person in very able Circumstances, he without much Difficulty forced his Admittance therein, and being well supplied with necessary Implements he wrenched open the Lock of a corner Cupboard, where he found some Plate and Money, and rumaging the lower Apartments so effectually, that he carried off every Thing of Value, leaving the honest Man, who was all this Time fast asleep, to mourn the Loss of his Money and Goods. However, Talbot in some Time after was detected and brought to Justice, he received Sentence of Transportation, but did not long remain in the Station of a Slave in Virginia , but in a short Time he got to Boston in New-England , and entered himself on Board a Privateer then going upon a Cruize; in which he behaved with his usual Insolence and Presumption, and had the Impudence to fall upon a Scheme to inflame the Crew to mutiny, but was luckily detected, his Intent being calculated to destroy the Officers and turn Pirate; he was severely punished for this Fact, and as soon as she had finished her Cruize he left her. Being a pretty good Sailor he agreed with a Master of a Merchant man, for thirteen Guineas to work the Vessel home to London , he arrived in the River Thames in August, 1748, received his Hire and bought himself a Case of Pistols, a Hanger, and a long Knife, disguising himself as much as possible, he met with a trusty Companion in Drury-Lane whom he acted in Company with, and by whose Assistance he entered the Lists of Thieving and Robbing once more. He grew so famous about the Court-end of the Town, and the City of Westminster, that scarce a Coach, or a well dress'd Gentleman, could pass by at an unseasonable Hour, without being plundered. Talbot had himself committed a Robbery, and was prevailed upon by his Doxy, commonly called Nosegay Nan, to make an Information, that her Husband, in Conjunction with two more, were the Perpetrators thereof,and laying down the Circumstances of the Fact in so pathetick a Manner, that her innocent Husband was taken into Custody and committed to Newgate , together with the rest, in Consequence of her Discovery. The ensuing Sessions they were tried at the Old Bailey , and were in Danger of being found Guilty, had it not been for her very bad Character, and the excellent good one of one of the three then tried, which induced the Court and Jury to believe, that that Prosecution was maliciously levell'd at their respective Lives by the said Nan, and were accordingly acquitted. However, Talbot's Malice did not end here, for at all Hazards he was determined to dispatch her former Husband, and constantly waited for a seasonable Opportunity to execute his horrid Design; at last he met him one Day under the Arch-way leading from the Abbey to Tothill street , and pulling a Pistol out of his Pocket would have perpetrated his intended Plot, had not his Rival knock'd him down whilst he was going to fire at him, repeating his Blows until he rendered the abominable Villain incapable of making any further Resistance. They were by this Time surrounded by a numerous Mob, when the Husband of Nan dispatch'd a Butcher of his Acquaintance in Search of a Constable, whom he gave him in Charge to for that Night, and until he procured a Number of Thief catchers the next Morning to escort him to a Justice, who committed him to Newgate on his Adversaries Evidence for returning from Transportation, in Consequence whereof he received Sentence of Death; but there being great Interest made to save his Life, with much Difficulty got him a second Time transported; however, when he was moved from the Cells to the Common-side, he made it a Practice to strip his Fellow-prisoners, and rob every other Person that came to see his Friend there; he could not be easy Day or Night without giving Offence to one or other, and if any of his Fellow-sufferers offer'd to make a Complaint, so surely they went in Danger of their Lives. There came a well-dress'd Woman to the Felon's Grate, to enquire for her Friend, and as she was engaged in asking the Man some Questions, this Reprobate cut her Pocket off, wherein he found five Guineas and some Silver, which was all the Money the poor Woman had in the World. And it is remarkable, that he stole such Quantities of all Necessaries in the Prison, that he went better provided than any of the rest, defraying the Expences of his Passage, and having thirty Guineas in his Pocket to purchase his Freedom as soon as he landed, tho' he had not one Friend, during his long Confinement, to assist him with one Farthing. He did not remain very long in Virginia , when he returned to London , in Company with the notorious Pegg Bulger , who was also transported with him, and who is now in Custody. This famous Woman attended him of late Years in all his Expeditions, and was generally as active and formidable as he was. They were not in Town above a Fortnight, when Dowdel and Quin obtained their Liberties; and as Nature never framed more terrible People, they enter'd into a reciprocal Agreement of robbing every Person they met with, in Consort. The short Time they were concern'd together (which was not above six Days) they committed several heinous Robberies, and acquired very near three Hundred Pounds, besides Rings, Watches, and wearing Apparel. When Dowdel was committed, to save his Life he endeavoured to turn Evidence, and impeach'd this Talbot, who was taken a few Days after, and committed to Newgate for robbing Mr. Rocke, which he suffered for. The Person that took him came to the great Iron Gate to see him the very Day he was committed; and making some Excuse for his late Treachery and Breach of Friendship to his old Fellow-Prisoner and former Companion; when Talbot seemingly forgave him, and shaking Hands frequently with him, told him he had something of the greatest Consequence to import to him, desiring he might come nearer to the Gate. Mullins never mistrusting that Talbot would offer any Violence to him, gratified his Request; when the other, watching his Opportunity, stabbed him under the right Breast, which had near depriv'd him of Life. No one Person ever came to this fatal End that more justly merited Death; for he certainly has been a most wicked and most abandoned Wretch as ever lived. 6. ROBERT DAMSEL , aged 39, was born near Dursely in the County of Gloucester , and bred a Shoemaker in that Neighbourhood, as he was pleased to say. He served his Time out, might have been in Business for himself, and would not have wanted Encouragement, had he but been a Friend to himself. He was tolerably well bred, and had an Education equal to his Station in Life, and was taught better Things, if he had not wanted the Grace to follow the Instructions he had in his early Days. He might have been a good Member of Society; but alas! his Will got the better of his Sense, and his Passions of his Reason; and, instead of being led to Virtue by Advice of his Friends, and the Admonitions of his Parents, he took the direct contrary Road, and followed Vice through all its dirty and troublesome Ways to his Undoing. He might, if he had been industrious, have lived very well in the World, and the Almighty had given him Strength to go through with a much more laborious Business than what he was at first destin'd to. He soon grew weary of Business when he was out of his Time, and led an idle Life up and down the Country for some Time; till at length, being put to his Trumps for Livelihood, he enlisted for a Soldier , and was in the Guards for several Years. Afterwards he kept an Alehouse near the Savoy , and his Wife attended a Sort of an Hospital there, by which he got Money. But Damsel having been always an idle and extravagant Fellow, all their Earnings would not do, but still more was wanting; and in order to supply his Extravagancies, he used to go now and then upon the Road, and being a bold daring Fellow, had Success for some Time, and had been concerned in several Robberies upon the Western Road , which afforded great Booty. The Robbery for which he was condemned he confessed to be guilty of, but often said, he thought it hard that he was not admitted an Evidence, as he was the first taken; but well it was that so dangerous a Person was not suffered to escape; he had been bad enough already, and if Opportunity had been granted, he had a Will to be much worse; but God thought fit to suffer him to be cut off, that he might not run into blacker and more Scenes of Villainy, having already sufficiently offended, and broken through all the Fences and Rules of Law divine and human. He owned he deserved to die, but was unwilling to give up Hopes of Life, even to the last Day. He had the most surly morose Behaviour I almost ever met with, and when he was put in Mind of the Heinousness of those Offences he had been guilty of, he replied, he knew best what he had done, and should endeavour to make his Peace with God, as well as he was able, and should continue to do so as long as he lived. How much in Earnest he was in this Case, he is the best Judge who knoweth the Secrets of all Hearts; but, whether it was owing to a particular Steadiness in his Countenance, or to his Consciousness of having used his utmost Endeavours, we don't pretend to determine, but not the least Alteration appeared in his way of Speech, or in his Countenance, even to the last Moment of his Life. 7. JOSEPH PEACOCK , aged 24, was born in the Parish of St. James's , Westminster , of Parents in a pretty good Way of Life, who would have given him some Education, but it was not agreeable to his Temper; and for one Day he vouchsafed to go to School, he played Truant five Days, so that their Money was laid out to no Purpose; and so, he says, it was not their Neglect of his early Days, but his own unhappy Disposition, that led him on in Idleness and Ignorance and in the Pursuit of every evil Thing. His Parents finding there was no Hopes of his doing well in London , resolved to send him to Sea, which they did, when he was about 11 Years old, and he served as a Cabbin-boy for two or three Years, and then went away from his Master, and went in the Service a common Sailor before the Mast. He was a handy Youth, and very useful. But he had not been long Aboard before he was guilty of pilfering some little old Things from his Ship-Mates, and for Fear of a Whipping-bout, which he was threatened with, he took an Opportunity, when the Ship put into Lisbon , to run away from her, and getting on Board a Packet, then just about to fail, he came away in her, and arrived safe in England . He had got a little Money, which was soon spent, and no Way to get more, his Parents not suffering him to come nigh them, and he says, he was as unwilling to go, for Fear of their Reproaches. He staid about a Month in London , and having got into bad Company, was drawn into a Scrape, for Fear of which he thought proper to get off the Ground, and again betook himself to a Man of War then lying at Gravesend . In this Ship he continued Abroad for three Years, and then returned Home again: When, after some Time spent in riotous and bad Company, and among lewd Women, his Finances were exhausted, and he a third Time had Recourse to the Sea. He staid Abroad for three or four Years upon this Trip, and returned not to England till the End of the War, and was discharged from his Ship at Chatham , about six Months ago; and he accounts for passing away his Time since, in rigging of Ships on the River Thames. He was always dumb when any other Robbery was mentioned, or denied having been concerned in any other; and as to that for which he was convicted, he owned that he was one of the three; but said, that he was so drunk, that when he became sober again, and reflected on the Actions of the Day past, he recollected the having done somewhat that was bad; but what particularly he knew not, till his Memory was refreshed by the Person whom he robb'd the Night before; for the next Morning Peacock came into the House where the Person was; who, as soon as he saw him, knew him to be one of the three, and took hold of him; but upon his Watch being brought to him by a Woman, to whom he gave a Gratuity, he let him go about his Business. Peacock was afterwards re-taken, and the Prosecutor being sent for to Mr. Justice Fielding's, while the Prisoner was there, he knew him to be the Man, and the Justice committed him. He had nothing to say in his Defence upon his Trial, and was convicted. While under Sentence of Death he behav'd in a very surly Manner, and was scarce to be perswaded to think how his Sins had laid fast hold upon him, and how necessary it was to consider of the past Evil of his Ways; for to the last, scarce any Signs of Remorse or Fear appeared in him unless what might arise from the Nearness of his approaching Fate. 8. WILLIAM HATTON , aged 17, was born in the Parish of St. Olave , in Southwark ; had no Manner of Education, nor was bred to any Business. He was a Youth of an untoward and surly Disposition: His Mind was susceptible of no good Impression, and seemed by Nature inclined to every evil Way. While a Child, he was notoriously unlucky, and scarce any Mischief was done in the Neighbourhood, where he was born, that he had not a Hand in, if not the Ringleader. His Parents could have no Influence on him, by their Authority or Advice; if they chid him for doing a bad Thing, he was sulky, and regarded not what they said. He could not perhaps sometimes help giving them the Hearing, but he was no sooner out of their Sight, than he was at his usual Tricks, and would pilfer and steal, tho' it were but an Apple or a Nut. He had a mighty Hand in robbing the Gardens on the other Side the Water, and made many a Penny of what little Plunder they would at Times afford him. Having nothing that might be of Service to him to employ his Mind about, either for the present, or for the Time to come, his Thoughts were entirely taken up in seeking idle, if not wicked Ways of passing away his Time; and he was so much the more liable to take the Infection of a bad Example, whatever Body it proceeded from. After a while he grew tired of Home, and of his Father and Mother, he says, who did what they could to keep him within Bounds; but the more they strove, the more irksome it was to him, and he resolved to take himself away from them. For some Time after he worked at a Tobacconist's in the Neighbourhood, and got a pretty Livelihood; but Work, tho' never so easy, would not agree with his Constitution; the Seeds of Idleness were so rooted in him, that no Business could long entertain him. About five Years ago, this unhappy Youth says, he entered into a Gang of young Pickpockets about the Burrough and St. George's Fields , and has ever since continued to follow that, and other wicked Practices. His Father, he says, wou'd now and then meet with him, and take him Home sometime for 3 or 4 Days, with Intreaties and fair Speeches. But, 'twas all to no Purpose; for when his Father was gone to his Work, who was a Smith, and a laborious Man, the Youth would soon make his Escape, return to his Comrades, and not be seen by his Parents for many Months. Upon this being asked, whether he ever thought of the Consequence of following such Ways, as were against the Laws of God and Man; he said, he did not think much about it, for that he was always drunk, and in Company of lewd Women; so that his Time was amused another Way: That when he did think of it, he was persuaded in his Mind he should be hanged one Day or other, but little Thought 'twould be so soon. Black-Boy Alley and Chick-Lane were his Places of Resort and Retirement, when he had done all the Mischief he could. He was so free as to own; that he believed he had been concerned in at least 500 Robberies, and Burglaries, &c. He was concerned for a long Time with William Tidd and Anthony Bourne , executed in December last, two notorious Thieves; and with Anthony Whittle , sometime before executed, equally as notorious. When these were cut off, he was recommended to the late Field the Boxer, executed sometime since; and had been present at the perpetrating several base Villanies with them and many others. The chief Use they made of him in Robberies was to keep a Lookout; and in Burglaries, when they had broke a House, to list him in, to fetch out what Goods were to be had. He appeared to be as hardened a Youth as ever was at his tender Years concerned in these wicked Practices. The Robbery for which he was convicted was proved clearly upon him, and he did not deny it; and there was another Indictment against him for a Burglary, upon which he was not tried, which he owned he was concerned in. When upon Trial, he was asked what he had to say for himself; his Answer was, in a surly Mood, I have nothing to say. A Day or two before Execution, he seemed somewhat affected; tho' his tender Years, and Want of Reflection, would scarce admit of such a Sense of his Offences, as was necessary for a Person in his unhappy Situation. But the nearer his End approached, the more he seemed affected. At the PLACE of EXECUTION. ON Monday the 17th Instant, about half an Hour after Nine in the Morning, Dowdel , Peacock , and Ward in the first Cart. Talbot , Hatton , and Quinn in the second, and Gibbs and Damsel in the third Cart, went to the Place of Execution. Dowdel, Ward, Talbot and Quinn, being Roman Catholicks , turned their Backs, and prayed by themselves, while I continued in Prayer about a Quarter of an Hour, recommending their Souls to the Almighty's Protection. Not one of them spoke any thing to the Populace worth remarking, but quietly resigned their Breath to the Satisfaction of the Law. This is all the Account given by me, John Taylor , Ordinary of Newgate .

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THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, and Dying Words, OF THE MALEFACTORS, Who were Executed at TYBURN, On WEDNESDAY the 14th of March. BEING THE SECOND EXECUTION in the MAYORALTY OF THE Rt. Hon . MICAJAH PERRY , Esq ; Number II. For the said Year. LONDON : Printed and Sold by JOHN APPLEBEE , in Bolt-Court , near the Leg-Tavern , Fleet-street . M,DCC,XXXVIII. (Price SIX-PENCE.) THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, &c. AT the King's Commission of Oyer and Terminer, and Goal Delivery of Newgate, held before the Right Honourable Micajah Perry , Esq ; Lord-Mayor of the City of London , the Right Honourable Lord Chief Baron Comyns, the Honourable Mr. Justice Chapple, the Worshipful Mr. Serjeant Urlin, Deputy Recorder of the City of London, and other his Majesty's Justices of Oyer and Terminer for the City of London, and Justice of Goal-Delivery of Newgate, holden for the said City and County of Middlesex, at Justice-Hall in the Old-Bailey , on Wednesday, Thursday, Friday, and Saturday, the 17th, 18th, 19th, and 20th of January 1738-9, and in the 12th Year of his Majesty's Reign. Seven Men, viz. John Adamson , William Child , James James , Thomas Easter , John Masland , Thomas Davis , and Samuel Piper , and two Women, viz. Elizabeth Reynolds and Martha London , were by the Jury convicted of capital Crimes, and sentenc'd to die. And also at the King's Commission of Oyer and Terminer and Goal-Delivery of Newgate, held before the Right Honourable Micajah Perry , Esq ; Lord-Mayer of the City of London , the Honourable Mr. Justice Page, the Honourable Mr. Baron Carter, the Honourable Mr. Justice Fortescue, the Worshipful Mr. Serjeant Urlin, Deputy Recorder of the City of London, and other his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Gaol-Delivery of Newgate, holden for the said City and County of Middlesex, at Justice-Hall in the Old-Bailey , on Wednesday, Thursday, Friday and Saturday, the 21st, 22d, 23d, and 24th of February, 1738-9, and in the 12th Year of his Majesty's Reign. Seven Men, viz. William Udal , James Lawler , James Leonard , Henry Johnson , Ashby Johnson , Edward Campbel , and Peregrine Audley , were by the Jury convicted of capital Crimes, and receiv'd Sentence of Death. When under Sentence they were instructed in the Necessity of Regeneration, from these Words of our Saviour, Verily, verily, I say unto thee, except a Man be born again he cannot see the Kingdom of God, Joh. 33. They were inform'd, that it was absolutely necessary to become new Creatures, to forsake their former evil Ways, more especially those heinous Crimes which were the Cause of those grievous Afflictions which now they were under, and in order to attain this happy Change, they were to consider, that tho' they were admitted into the Christian Church by Baptism, and had been Partakers of this outward Symbol of the Covenant, yet having in a signal manner broken the Conditions of that solemn Engagement, so now it was incumbent upon them to renew these sacred Vows, and to seek after the spiritual Blessings procured by the Blood of Christ, and the influences and the Illumination of the Holy Spirit, by whom we are renewed in our Minds to Holiness in the Fear of God. Two of them happening to die for the Sin of Uncleanness, they were inform'd, that Chastity or Purity was a principal Duty, with Regard to our own Bodies, for the Apostle says, He that committeth Fornication sinneth against his own Body, 1 Cor. vi. 18. and that this Virtue consisted in a perfect abstaining from all kind of Impurity, in Thought, Word, and Action. From these and such like Considerations, they were desired to consider how far they had deviated from the Rule of right Reason, Scripture and Religion, and to be importunate with God to create clean Hearts, and renew right Spirits within them, in imitation of penitent and holy David. The rest of them suffering for Covetousness, Theft, and Robbery, they were advised to reflect upon the many Irregularities they had committed, how contrary these Practices were to the holy Christian Life, enjoin'd us by Christ and his Apostles, how destructive to all human Society in general, and how pernicious to themselves, in making them liable to the highest Penalties of human Laws, even Death itself. In Consideration of their being appointed to die, I exhorted them to prepare for Death and Judgment, to exercise a lively Faith upon Christ the Son of God, and only Saviour of Sinners, to repent sincerely of all their Sins, and to pray that the Love of God might be shed abroad in their Hearts. They were also instructed in the Sacrament of the Lord's Supper, wherein our Baptismal Vows are renewed, our Faith strengthned, our Hope confirm'd, and our Love to God and Men encreas'd. After Sentence they all attended in Chapel, and those of them who could read join'd in our Prayers; all of them were very attentive, and behaved indifferently well; but were not so much concern'd as People in their dismal Circumstance, ought to have been. Adamson was sick about three Weeks, when I visited him in the Cell, he expressed a deep Sense of his Guilt, and afterwards he came constantly to Chapel with the rest. Ashby Johnson attended in Chapel the first Sunday after Sentence, but Sickness afterwards confin'd him to his Cell many Days, when he was visited, he declar'd himself very penitent, and anxious to attend the publick Worship; he was miserably poor, and had no Body to assist him. William Child was in the Master's Side for Felons, but on Sunday the 25th of February, being brought to the Press-Yard, he was put into the Cells, he came constantly to Chapel, and behav'd decently and devoutly, as did all the others. James Lawler and James Leonard were Roman Catholicks , and would not give much compliance with the Worship, but they were attentive and silent. John Masland wept bitterly, as did some others, when they were first reprov'd for their particular Vices, but that Fervour did not long remain A Day or two before the Dead Warrant came down, the two Girls Martha London and Elizabeth Reynolds , being confin'd in one Cell quarrell'd, and gave opprobrious Language to one another, as they had done several Times before; being inform'd of this, they were sharply reprov'd, and advised as they had been Sisters in Iniquity, so now it was their Duty to encourage one another in fearing and loving God, and to promote each others Resolutions of new Obedience; they cried very bitterly, promised to amend, and did behave better for the future. Some of them in Time of Divine Service talked too much, they were reprov'd, and desir'd to think upon the dangerous State they were in. Some Days before the Warrant came down, Henry Johnson grew sick, but he was desirous of being visited, and expressed a deep Sense of his Sin and Guilt. On Thursday the 8th of March, Report was made to his Majesty in Council of the sixteen Malefactors lying under Sentence of Death in the Cells of Newgate, when Elizabeth Reynolds and Martha London , two young Girls, for assaulting Ann Hornby in a certain Foot Passage near the King's Highway, putting her in Fear, &c. and taking from her a Camblet Gown, value. 2 s. a Cloth Cloak, value 6 d. a chequed Apron, value 1 d. a black quilted Coat, value 18 d. and a pair of Scays, value 4 s. January 10. William Child of Ealing , for assaulting Richard Gom and Robert Tiner , on the King's Highway, putting them in Fear, &c. and taking from the said Gem 5 s. in Money, and from the said Tiner 3 s. in Money; Edward Campbel of St. Giles's in the Fields , for breaking and entering the Dwelling-House of William Mumford , between 12 and 1 at Night, and stealing 24 Pair of Leather Shoes, value 40 s. February the 13th, and Thomas Davis for stealing 9 silver Buckles, value 35 s. the Goods of John Martin , Nov. 26, and a silver Watch, value 4 l. and a silver Cham, value 7 s. 6 d. the Goods of Abraham Poteira , from his Person, Oct. 30, receiv'd his Majesty's most gracious Reprieve. The remaining Eleven, viz. Peegrine Audley , John Adamson James James , Thomas Easter , John Masland , Samuel Piper , Ashby Johnson , Henry Johnson , James Lawler , James Leonard , and William Udal , were ordered for Execution. John Masland of St. Mary White-chaple , was indicted, for that he not having the Fear of God before his Eyes, &c. on the 20th of Sept. in and upon Mary Masland , Spinster , did make an Assault, and her against her Will, wickedly, unlawfully and feloniously, did carnally know and abuse, against the form of the Stat. &c. 1. He was about 44 Years of Age, born in Creed-Lane , of honest Parents, who put him to School to learn to read, write, cast Accompts, Navigation, and what other learning was necessary to accomplish him for Business. When of Age, he went to Sea , which Business he followed for many Years while he was young, and had been in many Parts of the World. He had a Relation who was a Merchant in Town, and who had employed him to serve on Board one of his Ships in the Guinea Trade, and that of several other Countries; and had not this Kinsman died, he might by his Interest and several other Relations, have been preferr'd to the Command of a good Ship, which would have put him in a reputable Way; but after this his Prosperity was at an End, he never enjoyed many more good Days: Once as he was in Guinea , in one of his Kinsman's Ships, the Blacks rose , thinking to Man and carry away the Ship; and one of them struck Marsland with a Hatchet upon the Forehead, so that he was almost kill'd, and there was a great Gash seen in his Forehead occasioned by this Wound; they, with difficulty, quell'd the Blacks, after killing several of them. He married a Wife, by whom he had several Children, who are all dead, except Her, who was the Evidence, against her Father. He gave but a mean Account that he had been a sober, regular Man, that he liv'd well and in good Friendship with his Wife, who was an honest, virtuous Woman; but she dying a few Years ago, he married a second Wife, now living, to whom he gave the foul Disease, for which she was put into St. Thomas's Hospital, and turn'd out as incurable, and that now she lives in a miserable Condition with her Mother, as she did at the Time of his Trial: At first, this the Disease flew all up into her Head, and affected her with madness, upon which she was put into Bedlam, and afterwards into St. Thomas's Hospital. He was very much inclined to drinking, and idle Company, which effectually ruin'd him. Of late Years he did not go to Sea, but struggled up and down the Town, selling Spirits distill'd at Home for French Brandy, to such as could not discern the difference; and sometimes he dealt in Gin, Rum, and other Things, but was always (he said) strictly honest, and wanted not Credit in the Dutch Trade to the Value of twenty, thirty, or forty Pounds, the Merchants trusting him, as he never fail'd in his Payments; by this means he supported himself and Family for some Years past. His Daughter Mary , was about 13 Years of Age, and sometimes went to Service , but being very young, did not stay long in a Place, but came often Home, and they having no other Conveniency for her, she used to lye in the Bed with her Father and Mother-in-law, but unfortunately coming Home about the 20th of September last, the Mother being then abroad for the Recovery of her Health, the Child suspecting no Evil, lay down by her Father, it being late at Night, and she swore that after she had been asleep, he assaulted her, and he us'd expressions not proper to be mentioned, telling her, Parents treated their Children so, &c. Next Morning she went out by seven o'Clock, and never saw the Father again, but upon his Trial; but went about from Place to Place for two or three Weeks, till at last she grew so bad, that she could scarce move; then she discover'd her Case to an Aunt and an Uncle; they had her examined by a Surgeon, who declared her tainted with the soul Disease. The Uncle thought the Crime so horrid, that he resolved to prosecute him, and procuring a Warrant from a Justice, after the Surgeon had made his Declaration, he sought three Weeks after him; but he had absconded; at last they found him and took him up. Though the Proof was clear, yet he was not willing to acknowledge his guilt, but pretended not to be conscious of his having committed the Fact, and that in his Sleep, he might in turning about, give her some Offence. I intreated him not to dye with a Lye in his right Hand, but to glorify God by a free Confession; upon which Subject I preached twice. After all could be said, he would not acknowledge his Crime; but blam'd his Brother-in-Law as having a Spite against him. He was too obstinate in his Temper, and all that was said to him did not affect him. Upon Wednesday the 24th of January, he abus'd his Brother who attended him daily, with scurrilous Language, because he would not encourage him as to a Reprieve, about which he was too anxious. I intreated him to compose his Thoughts, settling them wholly upon God and Eternity. He believ'd in Christ, said he was penitent; and died in Peace with every Body. John Adamson , was indicted, for that he not having God before his Eyes, &c. on the 3d of October, in the Liberty of St. Martins-le-Grand , in and upon Katherine Waldgrave , an Infant, under the Age of ten Years, viz. of the Age of three Years and ten Months, feloniously did make an Assault, and her the said Catherine , wickedly, &c. did carnally know and abuse. 2. John Adamson , 20 Years of Age, born at Lynn , in the County of Norfolk , of honest Parents, his Father a Trader and Sea-faring Man, dyed and left him young, and John was left to the Care of the Mother, who gave him but little Education at School, nor much Instruction in Christian Principles. When he was of Age, his Mother got him into a Tavern at Lynn , where he serv'd as a Drawer for some Years, and was pretty sober, and perform'd his Duty when Time allowed him, 'till in Process of Time, his natural Inclination (with which he readily complied) too much appeared, for he grew very fond of lewd Women, and gave himself up to excessive drinking. Being weary of a Country Life, and desirous of seeing London , he some Years ago came to Town, and having neither Friends nor Acquaintance here, he was put to great straits how to live, and did what he could for subsistance, and to keep him from starving; but notwithstanding all his Industry, he was reduced to extremity and want, when Mr. Walgrave, a Silversmith , in St. Martins le Grand , out of Charity and Compassion, supposing him an honest young Fellow, and capable of learning his Art, took him Apprentice about four Years ago; here he learn'd his Business, and pleased his Master, and might have got his living very well, had not his vicious Prospensity for lewd Women driven him into Misfortunes; for he had not been above a Year in his Service, before he got the foul Disease, and his Master was so good, that he employ'd and pay'd a Surgeon for curing him, twice; all this he himself confess'd. As to the particular Fact for which he was tried and convicted, he acknowledged the same fully and freely, and that in that Affair, he was very ungrateful to Mr. Walgrave, who was a kind Master to him, and had done him many Favours. For this he declar'd himself very much grieved and sorrowful, begging Pardon of God and Man for his great Offence and heinous Crime, in abusing an innocent Child, infecting her with the foul Disease, and putting her in imminent Danger of her Life. He alledg'd at first, that he only once attempted the Crime; but afterwards, he own'd the Charge as given in Evidence against him, only he did not acknowledge some Circumstances, which its not proper to mention; and he complain'd a little of his Master, for cudgelling him into a Confession of the whole, and in the mean Time promising to deal favourably with him, upon a full Discovery. I told him, he had given him the utmost Provocation, and had no Reason to complain of his Usage. He own'd the Justice of his Sentence, and that he suffered most deservedly. A great Part of the Time he was sick, and did not attend in Chapel; when he grew a little better he came constantly to Chapel, and appear'd devout and serious; he was miserably poor and naked, neither was there any body to relieve him: He seem'd to me to be foolish, or a little craz'd; but he declar'd himself penitent, that he believ'd in Christ, and was in Peace with all the World. William Udal , was indicted for assaulting Thomas Thorn on the King's Highway, putting him in Fear, &c. taking from him a Silver Watch, with a tortoiseshell Case, value 40 s. a Hat, value 2 s. a brass Seal, value 2 d. and 4 s. in Money, December 26. William Udal , was a second Time indicted for assaulting John Bradford , on the King's Highway, putting him in Fear, &c. taking from him a Hat, value 1 s a drugget Coat, value 5 s. and 5 s. in Money, December 26 3. He was 22 Years of Age, born of reputable Parents, in Clerkenwell Parish, who gave him good Education, and taught him to read, write and cast Accompts. They gave him all the Instructions necessary to fit him for the World; he was sometime at the Charter-house School , and at Mr. Groves's in Red-lion-street , and when he was of Age, his Father bound him Apprentice to an eminent Watch maker in Leadenhall street , and he serv'd some Part of his Time honestly, and with approbation; afterwards he set up for himself, and would have done very well, as he was a very good Hand in his Business, had he not been devoted to idle Company, and too much addicted to gaming, drinking and other Vices. He once was about to marry a Wife, who was a Woman of Credit; but she discovering that he kept Company with Raby, lately executed for the Highway, and that he was suspected of following the same Courses, he was forbid the House, and in revenge upon himself, he associated with a common Woman of the Town, with whom he liv'd in a Bawdy-house, near Cheapside ; this Woman with others of her Kind, he blam'd for all his Misfortunes. He was a very vicious, extravagant Youth, and spent and let fly his Money after a strange Manner, having run out above 400 l. of his Father's Money. He had been often taken up for Debt, and was detain'd in the Marshalsea Prison when he, and Mann the Evidence against him, broke out and made their Escape; this being one of his last Exploits When he dyed, he owed 400 l to several Persons; he was also often imprison'd for Robberies, in Bridewell , Newgate , and other Places, and had been often admitted an Evidence against his Confederates. On Flueln's Trial he was an Evidence, and being convicted he was executed on the 8th of November last; whenever he was at Liberty he always pursu'd his old Course, and at last he was taken, and as he had serv'd some others, himself was convicted of the two Robberies of Mr. Thorn and Mr. Bradford, by an Associate nam'd Mann, which Robberies he confessed as sworn against him. He own'd he had committed innumerable Highway and Street-Robberies, very many of which he did in Company with Raby the Barber in his Neighbourhood, lately executed. He was compleatly and irreclaimably wicked, being addicted to all those Vices which never fail to plunge such abandon'd Youths into Misery and Destruction; he constantly attended in Chapel, and behav'd regularly, but was not so serious as might be desir'd. I reprov'd him for speaking sometimes and smiling, he said he had a smiling Countenance, and did not speak out of any Disrespect, but could not help it. He declar'd his Hopes of Salvation thro' Christ, that he repented of a wicked and profligate Life, and died in Peace with all Mankind. Peregrine Audley , of St. Butolph without Aldgate , was indicted for assaulting William Mawley on the King's Highway, putting him in Fear, and taking from him a Hat, value 2 s. a Peruke value 3 s. and a Shilling in Money. 4. Peregrine Audley about 20 Years of Age, of mean Parents about East Smithfield , he had little or no Education, and his Father dying, and leaving him with two or three more upon the poor Mother's Care, she was not able to put him to any Business on Shore, therefore he went to Sea , and stay'd for some Time on Board a Man of War, when he came Home he loiter'd about East Smithfield , Rosemary Lane , and other Places which are the Resort of idle People. He pretended to have been employ'd in taking Care of Cattle, and driving them to and from Smithfield Market; but the chief Way he spent his Time was with Gangs of wicked and dissolute People, great Numbers of which are to be found towards that End of the Town; he was a poor, ignorant, illiterate Fellow, but he did not seem to be of a bad Disposition naturally, if he had not been led aside by bad Company. He would not acknowledge he had been guilty of any other Robberies, but alledg'd that he had liv'd honestly, tho' in a very poor Way. As to the Robbery he was convicted of and died for, tho' William Mawley swore to the Loss of his Hat and other Things, as in the Indictment, and that Audley struck him on the Breast, and after that run away with his Booty, and that he never lost Sight of him till he got into Justice Riccard's Yard; yet notwithstanding this clear Proof, which was by other Circumstances confirm'd, he could not be persuaded to own the Fact in all the Circumstances attending it, alledging for Excuse, he was sent on an Errand to the Glasshouse, which is haunted by Multitudes of most notorious Thieves and Rogues. I endeavour'd to instruct him, as the shortness of Time allow'd, and he always seem'd devout. He hop'd for Salvation by the Mercy of God thro' the Merits of Jesus Christ, repented of all his Sins, and forgave every Body, as he expected Forgiveness of God. Samuel Piper with Thomas Davis who receiv'd his Majesty's most gracious Reprieve, was indicted for stealing 9 Silver Buckles, value 35 s. the Goods of John Martin , Nov. 26. They were a 2d Time indicted for stealing a Silver Watch, value 4 l. and a Silver Chain, value 7 s. 6 d. the Goods of Abraham Poteira from his Person, Oct. 30. 5. Samuel Piper about 20 Years of Age born in Brook street , Holborn , of honest Parents not very rich, whose Circumstances allow'd them to give him but a very indifferent Education, however he was taught to read and write, and when of Age fit for Business, his Father bound him an Apprentice to himself, he being a House-Painter , but e could not be persuaded to mind his Father's or his own Interest, his Delight being to lie about the Streets. At first he gave an Account that he commenc'd Pick-pocket about 3 Years ago, but when the Ded Warrant came down, he own'd he had follow'd that Trade above 4 Years, but he said he could not remember the exact Time of his commencing a Pick-pocket, but he said he had follow'd it ever since he had been at School, and had been several Times in Bridewell , where he had receiv'd the Discipline of the House. He would not own the committing of any Highway or Street Robberies, nor Burglarys, tho' in December Sessions 1737, he was try'd with William Hardisty and acquitted, for robbing Charles Clark on the Highway. He marry'd a Wife of none of the best of Characters, tho' indeed he no Ways blamed her for his vicious Way of Life. He had been very much addicted to all manner of Vice. He told me he had been at Sea with the Fishermen , not that he lov'd the Employment, or intended to follow it but for his Diversion, and to keep himself out of the Way when he expected to be taken up. He own'd the stealing the 9 Silver Buckles from John Martin , and picking the Pocket of Abraham Poteira , of a Silver Watch and Silver Chain in the Street, over-against the great Toy-Shop at the Corner of St. Paul's Church yard , upon Lord-Mayor's Day last; and beside these two Robberies he acknowledg'd that he had committed many others, which was past numbering, but all of the same kind. While he was under Sentence he always behaved to appearance the most devout and penitent of them all. He own'd the justness of his Sentence, and that he most deservedly suffer'd for a very profligate Life, especially since he could have lived by his Trade much better, and more plentyfully than ever he could pretend to do by such unlawful and wicked Practices. He believ'd in Christ as the Son of God, and only Saviour of Sinners, and sincerely repented of all his Sins, in evidence whereof he often shed Tears, especially on the Sunday before they suffer'd in Time of Divine Service, and forgave all Injuries done him, as he expected Forgiveness from God. Thomas Easter , was indicted for assaulting Samuel Mills and John Hill , on the King's Highway, putting them in Fear, &c. and taking from the said Mills half a Guinea, and 10 s. in Silver, and 15 s. from the said Hill, June 30. 6. Thomas Easter 24 Years of Age, of honest Parents in Norfolk , 10 Miles North from the City of Norwich , he had had little or no Education, he was put out Apprentice to a Butcher , and serv'd some part of his Time to the Business. While he continued in the Country he liv'd honestly, but when there was no Hopes of a Reprieve, and I question'd him again upon that Subject, he acknowledged, that in his own Country he had committed a number of Highway Robberies, and had broke several Houses. About 4 Years ago he came to London , because he was afraid to stay any longer at Home, on Account of his repeated Villianies. Here he serv'd Butchers in White-Chapel and Places thereabout as a Journey-man, but soon falling in with wicked Company, he was easily led to his old Trade, which he follow'd ever since he came to Town, having (he said) committed such a number of Robberies, that he could not recount them. The robbing of Mr. Mills and Mr. Hill, June 30, in a Lane called the Devil's-Lane , and his threat'ning to shoot them thro' the Head, he own'd. Upon Sunday Afternoon, the 4th Instant, seeing him in his Cell, he wept most bitterly, his Conscience checking him for his villainous Life, Life; and when I asked him if he had any thing more to say before he died? he answered that he was in very great Trouble for the many great Sins of his Life; that he was one of the wickedest Men that ever was born, that he believed he had committed all kind of Sins, except Murder. John Marsland , and two or three others were present; they also shed abundance of Tears, confessing that they had been very wicked Sinners; but Marsland would not own his Crime. I comforted them with the Mercies of God in Christ, and prayed God to enlighten their Minds and so dispose them for Death, Judgement and Eternity. Thomas Easter being ignorant, I instructed him as Time allowed. He always attended the Worship of God, though a great Part of the Time he was Sick, but behaved decently and submissively. He declared his Faith in Christ, that he repented of his Sins, and was in Peace with all the World. James James , alias Jemmy the Drummer, was indicted for privately stealing a Slver Hilted Sword, value 30 s. from the Person of John Cotton , Esq ; December 20. James James , 24 Years of Age, born in Town, of honest Parents, his Education was suitable to his Parents Condition; when he was of Age, he was put to a Waterman , which had been his Father's Business, and he served out his Apprenticeship though in a very indifferent Manner. When he grew weary of his Business, and of his lawful Employment, he got acquainted with a Gang of Thieves, and spent his Time with them, among whom he soon commenced an able Pick-pocket, and improved so much in the School of Iniquity, that he was always employed in Crowds for the Advantage of himself and his Companions. He own'd the Robbery he died for, viz. stealing of Mr. Cotton's Sword from his Side, the Handle of which Sword they melted into a Bar, which they sold to a Silversmith in Town. And besides these, he acknowledged himself to have been guilty ot a great Number of other Robberies. He was a most abandoned Wretch, but before he died, his Conscience awaking, he most bitterly lamented the unaccountable Actions of an ill spent Life. He hoped for Salvation through the infinite Mercy of God in Christ, was penitent, and died in Peace with all the World. James Lawler , alias Lawley , and James Leonard , were indicted for assaulting George Lines , on the King's Highway, putting him in Fear, and taking from him a Hat, value 21 s a Peruke, value 3 l 3 s and a Gun, value 25 s December 24th. 8 James Lawler , 27 Years of Age, born of honest Parents, in the City of Dublin ; when at a proper Age, he was put Apprentice to a Blacksmith at Dublin, and being out of his Time, he liv'd by his Business for some Time, and married a Wife, by whom he had several Children, one of whom is now living. He being suspected as an ill Man in Ireland , came over some Years ago to London , and afterwards sent for his Wife and Family, and they settled about Drury Lane , where he liv'd in a Cellar, and made it a Receptable for infamous People. Sometimes he work'd at his own Business, as one or two upon the Trial declared; and he own'd, that by his Business he might have maintain'd his Wife and Family, had he been contented with his Lot. As to the Fact he dyed for, he could not deny it altogether, but would not own it as Cravenaugh swore it against him. He was a biggotted in the Romish Catholick , and made but little Confession; he believed in Christ, repented, and died in Peace with all Men. 9. James Leonard , Partner with James Lawler , in the above Robbery, 23 Years of Age, born at Dublin , of mean Parents, and was brought up in the Roman Persuasion . At a proper Age, he was put out to a Shoe-maker , and served his Time honestly. Afterwards he followed his Trade for some Time at Dublin ; but not content with what he could get at Home, he went abroad to Spain , and listed in a Regiment at Cadiz , there he lived some Years, but did not do much Business as a Soldier , for he was most Part of the Time employed in the Service of the British Consul , and wanted for nothing, but being of an unsettled Temper, he long'd to be at Home in Ireland again, and about a Year ago, he got his Passage to Ireland , where he stayed only a very short Time, but hasten'd over to London , and fix'd about Drury-Lane , with his old associate James Lawler , with whom he lodg'd in a Cellar; sometimes he wrought at his Trade, being employed by his Countryfolks, but the abandoned Company he kept, soon engaged him in their wicked Courses, which brought him to his fatal End. He had committed many Thefts and Robberies, and dy'd in the Romish Communion , unwilling to confess much, but gave the Evidence Cavenaugh, ill Names; both he and Lawler were morose and obstinate. He died in the Christian Faith, and in Peace with every one. Henry Johnson was indicted for rippping and stealing 148 lb of Lead, fixed to the Dwelling-house of Hugh Colley , Clerk , Jan. 18. He was a 2d Time Indicted for breaking and entering the Dwelling house of Hugh Colley , Clerk , about the Hour of 10 at Night, with a felonious Intent to steal his Money and Goods, Jan. 18. 10. Henry Johnson , 29 Years of Age, born of honest Parents in Essex , who at a proper Age put him to a Brick-layer , by which Business be sometime liv'd, but Business growing slack, because of the multiplicity of Hands, he came to London , thinking to better his State, but being likewise disappointed here he went to Sea, and proving a good Sailor , he serv'd on Board several King's and Merchant Men, and made several Voyages to different Parts of the World; but by his ill Management render'd himself uncapable of providing for his Wife and Child. He complain'd that the Number of Sailors made it difficult to get Employment even at Sea: He had long belong'd to the Gangs of Thieves and Rogues about White chapel and Stepney , who infest that End of the Town. He had been guilty of many Burglaries and other Robberies, and was a very profane Fellow, entirely negligent of God and Religion, and wholly addicted to all manner of Vices. He had but one Man engag'd with him in breaking Mr. Colley's House, who made his Escape a little before Johnson was taken; he confessed his wicked Design upon Mr. Colley's House, and that only one was to assist him therein, tho' he own'd he knew and was acquainted with great numbers of Thieves and Robbers. For some Days he kept his Bed, not so much for Sickness, as lowness of Spirits, and distress of Mind; he always behav'd well, declar'd himself penitent, that he believed in Christ, and was in Peace with all Men. Ashby Johnson of Harrow on the Hill , was indicted for breaking and entering the House of Thomas Brian , Esq ; about 12 at Night, and stealing thence a Cloth Great Coat, value 10 s. a linnen Shift, value 3 s. the Goods of John Edlin in the said Dwelling-house, Jan. 16. He was a 2d Time indicted for breaking and entering the Dwelling-house of Thomas Thompson , about 12 at Night, and stealing a Hat, value 2 s. a pair of leather Boots, value 9 s. the Goods of Thomas Thompson , and a Plush Coat, value 9 s. and a Dimitty Waistcoat, value 3 s 6 d. the Goods of Henry Rudd , Jan. 31. 11. Hew as 22 Years of Age, born of mean Parents near Hempstead , who gave him no Education, but cast him upon the Parish, and they bound him Apprentice to a Farmer in the said Parish, to teach him Country Work, and to manage Cattle, &c. With this Master he serv'd out his Time of 7 Years, he afterwards for some short Time serv'd Farmers, and drove their Waggons to London from Hempstead . If we may believe himself, in the preceeding part of his Life, he was honest, and wrong'd no Body: He was a poor, ignorant, illiterate Fellow, and knew very little of God or of Religion; I endeavour'd to instruct him as Time allow'd, but he was of a mean Capacity, and oppressed with Dispositions, and had such Disorders upon him, that one could hardly bear to go into his Cell, tho' I ventur'd pretty often to pray with him, and warn him of his near approaching Fate. He came to Chapel the first Sunday he was under Sentence, and only once or twice more, but behav'd well, being attentive and serious; he was grievously afflicted with Sickness and Weakness. At first he inclin'd to extenuate his Crime, but upon my urging and representing to him his heinous Sin, he acknowledg'd the Justice of his Sentence, and that he suffer'd most deservedly. He believ'd in Christ, was penitent for the Offences of his Life, especially what he dy'd for, and was in Peace with all Men. At the Place of EXECUTION. THEY was brought out of the Cells about 7 o'Clock in the Morning of their Execution, and went up to Chapel, where they all receiv'd the Blessed Sacrament with great Devotion, and most of them cry'd and wept bitterly, especially Marsland, Piper, and Adamson. After Prayers were over, they were put into their respective Cells again for a short Space of Time, and then call'd our one by one to have their Irous knocked off, and to be halter'd and pinion'd. After which they were convey'd in four Carts to Tyburn, between the Hours of Nine and Ten o'Clock in the following Manner, viz. Samuel Piper , James James , otherwise Jemmy the Drummer, and William Udal , in the first Cart. John Marsland , who ravish'd his own Daughter of about 13 Years of Age, Thomas Easter and Henry Johnson , in the 2d Cart. James Lawler , Lames Leonard, and Peregrine Audley , in the 3d Cart. Ashyb Johnson , and John Adamson , who ravish'd his Master's Daughter, about 3 Years and 9 Months old, in the 4th Cart. When they came to the Place of Execution, all of them were very much shock'd, and seem'd to outward Appearance very much concern'd for their manifold Sins. When Prayers were over, James Leonard reflected upon one of his Associates, and said, that a Person was now a Prisoner in Newgate for a Highway Robbery, who is an Irishman, upon a false Oath of another of his own Countrymen. They adher'd to their former Confessions, not having any more to add. Most of them made a full and plain Confession of their Crimes; others were not so free and genuine. They went off the Stage crying out, God have Mercy upon us, Lord Jesus receive our Spirits. This is all the Account given by me JAMES GUTHRIE , Ordinary of Newgate . APPENDIX. The following Lines were delivered by WILLIAM UDALL , to the Printer of these Papers, with a Request that they might be published, for the Reasons mentioned in the Beginning thereof. SINCE my being apprehended (this last Time) I have looked upon myself as a dying Man, as one who had but a few Days to spend in this Life; for though I have been but a few Years engaged in these rash destructive Courses, yet I have several Times appeared before the Court at the Old Baily , having had the good Fortune as often to have been admitted an Evidence against some of my Companions, therefore I had too much Reason to expect, that as the two Robberies upon the Causeway between Islington and Holloway would be prov'd upon me, those Convictions would put a Period to my Life. It can hardly be imagined (I think) that a Man sensible of his unhappy Condition, and that he is but a few Moments from Eternity, can be induc'd from any Pleasure he takes in the Review of a wicked, vicious, ill-spent Life, to recite those Crimes to the World which he must repent of, or be for ever miserable: But least any one should believe that to be my Motive thereto, I think it necessary to declare, that I look upon my self (in this dying Condition) bound to take Shame and Confusion of Face to myself, and for the Benefit of the World to mention some Facts in order to clear particular Persons who are suspected of having been concerned therein, and to warn Youth by my sad Example to avoid those Courses, which sooner or later end in Misery, Destruction and Death. My Father was a Man of good Reputation in the Parish of St. James's, Clerkenwell , a Distiller by Trade; he took Care of my Education, and sent me to School to Mr. Groves, in Red-Lyon-street , where I continued till it was Time for me to be put to Business; accordingly I was bound Apprentice to Mr. James Hagar , who at that time lived in Leadenhall street , over-against the East-India House, and was since Partner with Mr. Webster in Exchange-Alley. Here (God forgive my poor Soul) began my Dishonesty, for a Journeyman my Master employ'd, communicated to me the Method of scraping the Insides of the Cases of Gold Watches which came to be mended, &c. and by this Means I got so much Money, as made me extravagant and vicious, and exposed me to many Temptations. I continued with Mr Hagar four Years and three Quarters, but he then dying, my Mistress turned me over to Major Woolhead, who gave her seventeen Guineas for the Residue of my Time, out of which she gave me seven, and kept ten to herself. But I did not stay above eleven Weeks with Mr. Woolhead, for getting acquainted with one Stanbridge at Clerkenwell , I made an Agreement with him to work with him for a Year, and he gave me a Bond to procure me my Freedom when my Time should be expired. While I was with Mr. Stanbridge my Acquaintance began with Raby (lately executed) and Jack Pool ; this was about five Years ago, and with them I first commenced a Thief; they urged me to go with them to pick Pockets, to which I consented, and leaving Mr. Stanbridge, I got acquainted with Wager, Baker, and the rest of that Gang, and have committed many Robberies in their Company, in Fleet-street , Leadenhall-street , Bloomsbury Square , and the King's Road ; but after some Time Wager and Baker quarrelling with me about the dividing some Money, I left their Company, and robbed with Raby Our Place of meeting was at J - e W - ms's House in Hanging-Sword-Alley in Fleet street . Whenever we got any Thing he used to Stand Lock, that is, he used always to dispose of it. When Raby and I had parted with Wager and his Company, my Father, who always was very fond of me, set me up in my own Business; Raby's Mother likewise set him up in a Barber's Shop, in Order to our living honestly, and forsaking our vicious Companions and Courses, and we both kept to our Business for the Space of 3 Months, but did not entirely leave our old Haunts, for we frequently went to drink at Mother Bird's , in Colson's-Court , in Drury Lane , and at another House in the same Lane, at both which Places I have spent and lost in Gaming a Hat full of Guineas. Here we got acquainted with Jack Poole and George Sutton (since executed) and they tempted me away from my Business when I had Employment enough to have maintained myself very well, and in an honest Way, for I had Work from Gentlemen of Credit and Fortune, and when I left my Shop to engage with them, I had between 20 and 30 Watches in my Custody, which had been brought me to mend and clean, all which I ran away with, and disposed of to support myself and my Companions in our Extravagancies. When this Money was gone, Sutton, Poole, and on F - n C - s, put it into my Head, that as I was known to the Workmen in the Watch-making Business , I might take up Work from them in my Master's Name, and upon his Account. I attempted the Thing, and told the Workmen my Master had a Customer waiting in the Shop, and had sent me for such and such Goods, which I was to carry him immediately. As my Master was a Man of a very good Character, and I being known to them, our Design succeeded, and I got Parcels of Work from differrent Persons to a very considerable Value. One wicked Device of mine I think it now my Duty to mention, to prevent People's being deceived by dishonest Men, and that was this: When I was determined to abandon my Business for the Sake of my wretched Companions, whatever Watches I sold, I sold several Times over, and to as many different People as I could. I have sold several Pieces of Work that have been worth five or six Guineas, and have taken three Guineas in Part of Payment, agreeing if the Watch prov'd ill, or went not well, to alter it, or return the Money in such a limited Time, and all the Watches I then disposed of, I took Care should be complain'd of, by which Means I got them again under Pretence of making them keep Time, and immediately have disposed of them again to Persons whom I have likewise served in the Manner I did the first Buyer: For this I ask Pardon both of God and the Persons I have thus injured. When Raby and I had resolved to take the Highway, we soon put our Design into Execution, and committed many Robberies upon Epping-Forrest , and about St. Alban's , Barnet , Finchley , &c. at which last Place we robb'd the St. Alban's Stage-Coach, Raby stopped the Coach, and I rode up to the Coach Door, and told them I was a younger Son, and was in Necessity for Money, upon which they delivered me about five Pound in Money. One Circumstance of Inhumanity in this Robbery troubles me very much, for I happening to tell Raby that I observed a very handsome Ring upon one of the Gentlewomen's Fingers, he rode back and demanded it, and being press'd for Time, he pull'd out his Knife and cut off the Woman's Finger, because he could not readily draw the Ring off After this Fact we cross'd the Road directly to Hendon beyond Hampstead , and robb'd several Persons about those Places; then we came to a House in Drury-lane , and shared the Booty. At that House we got acquainted with Sutton, who then liv'd in the House; he perswaded us to go with him and George Greenaway to the Playhouses, and when the People were coming out, one of us used to speak to a Gentleman or a Gentlewoman, pretending to know them, and while we pretended to be mistaken and beg Pardon, the others of our Company always pick'd the Man's Pocket in the Crowd, or cut off that of the Woman's. This Course we followed for one whole Year, the Person nick-nam'd L - d V - n, and one who kept a Publick House in the Strand, was at that time one of our Company. While we were engaged in this Way, it was our Custom to wait under the Piazza's at Covent-Garden till the Play was done, and one Night Raby, Vaughan, and one Dick Hodges , being with me, I was sauntering at a little Distance from them, and an elderly Gentleman came up to me and fell into Conversation with me: He asked me what Business I was of? I told him I lived at Colchester, that my Mother kept a Hosier's Shop there, but my Father being dead, I came to London to get into some Business, and having heard talk of Covent-Garden, I was come there to see the Place. He asked me if I was not short of Money, and if I would not go and drink with him? I thank'd him, and told him he was a Stranger to me, and I did not chuse it. However he prevail'd upon me to go with him to the Castle-Tavern in Drury Lane , and I wink'd at my Companions to follow us. When we came to the Tavern he asked me several Questions, by which I understood his Intentions, and at last he spoke his Mind very plainly I told him I had heard in the Country that at London People stood in a Wooden Thing for such Things; but at last he perswaded me to take a Walk with him; I beckoned my Companions to follow us, and we went through Lincoln's-Inn Fields into Southampton-street , and from thence towards Powis's Wells , and just before we came to the Wells under a dead Wall, he stopp'd, and began to be very sweet upon me; upon this Vaughan, Raby, and Hodges, came up, and we robbed him of his Gold Watch, and twelve or thirteen Guineas in Money, and threw him into a Ditch that ran along the Causeway under the Wall, then we came away to Hodges's Room in Colson's-Court , and shar'd the Money. In Company with this Hodges, Raby and I have often defrauded Goldsmiths, by cheapening Gold Rings, concealing them, and leaving neat Brass ones gilt, instead of those we brought away with us: It has been suspected that I have been guilty of Murder in some of our Highway Robberies, but as I am a dying Man I know of no more than one Person that was killed, and in that Murder (I think I may say) I was not concerned, for that Accident happened in the following Manner. Wager, Baker, and I, being out upon the Uxbridge Road , we attacked a Stage Coach with six Horses. Baker observing a Man behind with a Blunderbuss, swore if he did not immediately fling it away he would shoot him dead upon the Spot. Wager at the same Time stood by the Coachman and I by the Postilion. When the Man had thrown his Blunderbuss from him, Baker rode up to the Coach Door and robbed the Passengers; when he had done, as we were all riding off, the Man drew a Horse Pistol from under his Coat, and firing at us I was wounded, and fell down stunn'd upon the Pummel of my Saddle; when I came to myself, I found one of my Companions, imagining I was killed, turned back and shot the Man through the Body. By this Accident I was rendered for some time uncapable of going out with them, for I was very much wounded, and was carried to one Combes's, a Farmer about five Miles from Uxbridge , where I lay six or seven Wocks ill of my Wounds, and was all that Time attended by a Surgeon, which Wager and Baker had got to take care of me. There was a Murder committed indeed much in the same manner at Turnham-Green, upon a Man who came as Guard to a Stage Coach, which set out from the Bell-Savage-Inn on Ludgate-Hill: This Murder was committed by some of our Company; but I solemnly declare I was not concerned is that Fact, nor present with them when it was committed. I was concerned with Raby and Poole in robbing a young Woman of a Handkerchief, a Short-Cloak, and her Pocket, in Fenchurch-street , for which they were tried and acquitted. After this Robbery, my Father, in order to take me from my bad Company, arrested me for Debt, and put me into the Compter, hoping to keep me out of the Way till my Companions were separated, or taken off by the Hand of Justice; but Ramsey being at that Time detained there in Order to his being admitted an Evidence against Cross and Carr, for defrauding Mr. Hoar, I got acquainted with him, which my Father perceiving, he took me out, to prevent the Increase of our Intimacy. But some Time after this Ramsey being discharged, I met him at a Friend's House, and we immediately agreed to go upon the Highway with Fluellin (who was lately executed.) Accordingly we hired Horses at the Three Colts at London Wall, and rode to Epping-Forrest , where we committed several Robberies upon several Persons, among others we attempted to rob 'Squire Braddyl, but he made so much Resistance, that we were forced to ride off without taking any Thing from him; but as we came towards London again, we had better Success, for we robbed several People in Stratford Road , and when we came Home we shar'd the Money. The Cause of most of my Misfortunes was my keeping Company with a Woman of the Town, whom I endeavoured to support by these unlawful Means; yet when I happened to be short of Money, and took five Rings from her, which (she said) were the Property of one C - n, with whom she had formerly lived, she got him to take me up with a Judge's Warrant, and I was carried to Mr. T - 's (the Tipstaff) House near Temple-Bar ; upon which I sent to C - n to comprise the Matter. He insisted not only on my returning the Rings which I had pawn'd, but on my giving him a Bond that I would never live with P - g Y - g any more, nor prevent his living with her. I would not consent to this, upon which I was ordered (for Want of Sureties) to be sent to the King's-Bench, and was to have gone there the next Morning. While I was in Mr. T - 's House, a Friend of mine brought me a small Spring-Saw, in Order to my making my Escape from thence, but I did not make any Use of it, for Mr. T - s and his Man being obliged to go out about Business the Morning I should have been carried away, I was permitted to come down from the Room where I lay, with another Prisoner, into the Kitchen, and the Maid having the Key of the Street Door, we forced it from her, and made our Escapes. I found out Ramsey pre sently, and he, and I, and others went out again upon the Old Game, till I was taken up for Clacking the Doctor at an Apothecary's in the Strand , and was committed to Newgate , upon which I turned Evidence against Fluellin in order to regain my own Liberty. The ensuing Sessions Fluellin was convicted and I was discharged out of Custody. On the Monday after my Enlargement I happened to meet one Lydia Clark , and went to drink with her at the Elephant and Castle in Fleet Lane . There I found P - g Y - g (my Wife as I call'd her) and C - n and one B - n G - d, a Thief-taker C - n immediately told my Wife, - there was the Thief her Husband, and he said he would take me up again by Vertue of the Judge's Warrant, if I did not give him a Note for the Value of the Rings; upon which I gave him a Note for 4 l. payable two Months after Date. Notwithstanding I had done this he soon after arrested P - g Y - g in an Action for 20 l. thinking that the Value I had for her would induce me to assign over to him my Share of the Reward for Fluellin's Conviction, to get her out of Wood-street Compter, where she lay at his Suit; and he Note I had given him being due soon after, arrested me likewise, and I was carried to the Marshalsea Prison ; but as I had a little Money left, and a few Friends to assist me, I stood Trial with C - n, and was cast in the Sum of Eight Pounds, including Debt and Costs of Suit. While I was confined on this Account in the Marshalsea , Thomas Mann , (the Evidence against me) and I agreed to make our Escapes. By my Directions a Friend of his brought us a Spring Saw, a Key Hole Saw, and some Gimblets, and I began to will it away at the Chapel, from whence I broke into adjoining Room, and from thence into a Closet, where I cut the Window Bar, and took off the Casement. All Things being now ready, I returned to Mann, (who all this while had done nothing) and old him the Jo was done, upon which he took a Hope that his Wife had brought him the Evening before for this Purpose, and ty'd it to a Bar of the Window, and he got down first and I followed him. This was between eight and nine o'Clock at Night, rather too early in the Evening, for a Man came out of a House adjoining, and would have stopped us, but Mann swore bitterly if he made any Noise he would kill him, which made him quiet, and so we got off to Pepper-Aliey Stairs , where we took Boat to Queenhithe , from whence I went directly to my Friends at Clerkenwell , and promised them I would go over to Holland if they would pay for my Passage. They gave me Money for that Purpose, and promised to supply me very handsomely when they heard of my Arrival there; but Mann and I going to Mrs. M - 's at the Ship in Charter house-Lane , there I spent all the Money my Friends had given me, and got very much in Liquor; then I started the Question to him about going on the Road; he consented, and Mrs. M - s furnished me with a Hanger and a Brace of Pistols, and lent us Money to hire our Horses, and accordingly we hired Horses under Pretence of going down in the Country to buy Sheep, Mann being a Butcher by Trade; but Mann being fearful, he proposed Bargining in the Country for Sheep, and giving Earnest for a Parcel, then to watch an Opportunity in the Night to drive them off the Grounds. I consented to this, and we went as far as the Fleece at Edmonton upon this Project, there we drank two or three Hot-pots, and then he agreed to venture upon the Highway, instead of pursuing the former Design. Accordingly we set out from thence and robbed a Coach beyound Edmonton , from four Ladies we took 35 s. from a single Man on Horseback we took about 12 s. and a silver Watch. Then we returned to London , and put up our Horses at the Red-Lyon in Aldersgate-street (where we hir'd them) and went from thence to M - 's, and shared the Money. The next Morning I went with Mann to his Wife's Lodgings in Rose-street , by Old-Street-Square , and from thence we took Horse and rode as far as Brentwood , in which Road we robbed the Passengers in two Waggons of about l 7 s. and three plain Gold Rings. Then we turned homewards, and robbed two Gentlemen in the Road between the Green-Man on the Forrest and Stratford of about 4 l. and a Watch; then we proceeded towards London, but in the Way I got a Fall from my Horse, and was very much hurt; however we got to M - 's, and shar'd the Money. My Hurt obliged me to keep up for two or three Days, and Mann could do nothing without me; when I was pretty well we agreed to go our again the Afternoon after Christmas-Day, and accordingly we set out for the Castle at where we had a Supper dressed. After Supper we agreed to go on the Road the Backside of Islington , in Hopes of meeting some Grasiers who generally went Home that Way. As we were going along I went up to a Gentleman on Horseback and robbed him of 27 s while Mann stood at a Distance, and did not know what I was about. Then, not meeting with the Grasiers, we turned towards Holloway , and came into that where we attacked Mr. Thorn and Mr. Brford, and robbed them of what was laid in the Indictments against us. On the Saturday following we agreed to go to Epping-Forrest to take a Horse from thence which we had seen and liked; we went, but were disappointed of the Horse, and came back without doing any Business; but we at last got one at Islington , upon which I afterwards rode to Epping-Forrest , and committed several Robberies. Then we came to Mann's Lodgings and divided what we had got. At that Time he told me he was resolved to go out no more with me, so I went to the House I frequented in Charter-house-Lane , and expected to have seen no more of him, but when he had spent all his Money he came to me and agreed to go out again with me. But somebody having informed the Keeper of the Marshalsea that we were at this House, he sent Nine Men to take us for breaking out of Goal; as soon as we heard them we ran up Stairs, and got out of a Window into an Alley that leads into Long-Lane , and so we went off. But the Thief-takers seized the Woman of the House, her Maid, and two other Persons, and carried them to the New Goal, where they were confined two or three Days, then they promised to be assisting in taking us if they might have their Liberty; upon this they were discharged, and some few Days afterwards as Mann and I were going to take Horse at the White Lyon at Islington in order to raise a little Money on the Road, we met the Woman of the House and two Men belonging to the Goal, we immediately pulled out our Pistols, and swore we would shoot them if they came near us, but the Woman told us we need not fear, for the Men did not intend to hurt us, so upon her Perswasions we all went to drink together at Pancras , there the two Men spoke to me in private, and told me I should be forgiven if I would consent to their taking Mann, because the Debt for which he was confin'd was a large one. I seem'd to comply, but I told them I did not care he should be taken in my Company, - I would leave him, when we got to Town, and then they might take him. But I had no such Design in my Head, for as we came together towards London , I told Mann the Story, and in one of the Fields we drew out our Pistols and threatened to shoot them if they did not go off directly; accordingly they went away from us, and we went immediately to the White Lyon for our Horses and rode to Epping-Forrest , where we robbed a Gentleman on Horseback, then we came to London , but I left my Horse at the Bell , a Publick House in the Road between the Green-Man and Stratford . I went that Night to Mann's Lodgings in Rose-street , very much in Drink; but Mann's Wife not being at home, he lock'd me into the House and went out to look for her; the Thief-takers being out upon the Search they took him, and he to save himself told them I was in the House, and gave them the Key of the Door, so I was taken out of Bed and carried to the Marshalsea , from whence I was removed by a Habeas Corpus to Newgate , and charged with the Felonies, Mann having made himself an Evidence against me. 'Tis not above five Years since I began these irregular Courses, which have cost my Father above 400 l. for I have very often been in Custody, and he has always with much Expence and Trouble appeared in order to procure me my Liberty. Had I been industrious in my Business, I could have earn'd 30 s. a Week as easily as I can write my own Name, and I have got a great deal of Money by my Business, but what am I the better now for all my Gettings? An untimely Death is my Reward! Better would it have been for me if I had gone naked all over England, begging my Bread from Door to Door. William Udall . Copy of a Letter sent by Udall to P - g Y - g, with whom he had cohabited. From my Cell, Feb. 25. 1738. My Dear, THESE, with my kind Love to you, hoping these few Lines will find you in good Health; as for my Part, I am as well as can be expected for one under my My dear, I send this to you, to desire you come to me, for I have a great, Mind to see you before I dye; you know that when you was under your Trouble, I never forsook you when I had my Liberty, bt did to the utmost of my Power; I don't want any Money of you, for I have Money enough from my poor unfortunate Sister; I have something to reveal to you, and then I shall dye happy, if I see you, and forgive all the World, as I hope for Forgiveness in the next World; I sent to you before I was cast a great many Times, but you never come nigh me. O Lord turn your hearden'd Heart, to come to me! as for the false Reports of the World to you, they are raised to prevent your coming: But Lord God who knowest every Word and Action, send that the Gates of Heaven may shut up against me, and never shew me Mercy, if I have been guilty of what you have been told, since I was with you last in Woodstreet-Compter; consider within yourself, whether you have done as you ought to have done; if I was the biggest Rogue in the World, and the greatest Stranger, you could not have slighted one more; I look upon you, as my own Flesh and Blood, and if you be so slighting, whom I never offended, how do you think I can think God will shew me Mercy; If you don't, O Lord turn the Heart of this Woman, turn the Heart of her O Lord, it is all my Cry O Lord, to bring her nigh to me, that I may reveal my Mind to her, or else if you don't come, I shan't die in Peace; in your coming, I shall forgive all the World, as I hope for Forgiveness thro' the Merits of Jesus Christ; I shall say no more at present, but your coming will make me easy in my Mind. From your dying Husband before God. William Udall . P. S. When you come I will give you a Note where your Rings are which brought me to this unhappy Fate. I William Udall , was cast for my Life, Feb. 22, 1738-9. To whom God grant true Repentance. Now in my lone Cell do I lie, I'm cast and am sentenc'd to die: Of all my old Friends I take leave, For now I expect no Reprieve. Tho' my Life was so wickedly spent, Yet I hope that in Peace I shall die, And that I shall truly repent, And live with the blessed on High. To Mrs. Udall, at Mrs. Foster's, in Seacole Lane. John Adamson 's Account of Himself. I Was born at Lynn , in the County of Norfolk , and am now about 21 Years old. My Father was a Taylor, and dy'd when I was but two Years of Age. When I was three Years old, I was taken from my Mother by an Aunt, who kept a Tavern in the same Town; by her I was brought up, and she would have given me a good Education, if I would have received it; but she never could get me to learn so much as to read one Chapter in the Bible. As therefore she had little hopes of me, she would have bound me Apprentice to a Captain of a Ship, but I refused at that Time to go to Sea. Afterwards my Mind altered, and I was desirous to go, but then she would not agree I should. Upon this I determin'd to come up to London , and happening to hear that one Mr. Barnard, a Silversmith in Gutter-Lane , had sent to his Brother at Lynn, for a Country Boy; I offered myself to Barnard's Brother, and he sent me up to London , and I liv'd eleven Months with Mr. Barnard, then I left him (for not being us'd to work, I could not settle myself to it) and I went down again to Lynn , but my Aunt would not receive me, so I continued about the Town for some Time, and at last I went to her for some Money to carry me to London again. Accordingly she gave me 20 s. and I came up to Town again, without knowing where to go to; but having a little Acquaintance with Mr. Walgrave, who work'd Journey-work at Mr. Barnard's while I was there; I went to him, and lived with him about eleven Months, and went of Errands for him; at last he took me 'Prentice, and I serv'd about four Years of my Time, when being either out of my Senses, or the Devil having too much Power over me, I was tempted to commit the Fact for which I dye; I attempted to know the Child three Times, and believe it was three Months between the first Time and the last. I acknowledge to have deserv'd Death, and that being brought acquainted with lewd Women by my Fellow-prentice, I got the foul Disease; and now it is my unhappy Fate to dye, I freely forgive my Master and Mistress, and all the World; and I hope my Fellow-prentice and all other young Men will take Warning by my unhappy Death, and shun the Crimes which have brought me to this shameful End. The Account that John Marsland gave of Himself, is as follows. MY Age is 44 Years: I was born near Aldgate , my Father was a Wholesale Cheesmonger, in Thames-street , and dealt largely. He was an Owner (in Part) of several Ships. Sir William Fazakerly , who was some Time ago, Chamberlain of London , was my Uncle by my Mother's Side. I had share of Education, and was a good Accomptant. As to my Business, - from 14 Years of Age I have used the Sea , and the first Ship I served in, was the Deal Castle , a Man of War, which cruis'd in the Channel, under the Command of Capt . John Comber ; I continu'd on Board this Ship about two Years, and then left her, and went on Board a Merchant Man, call'd the Neptune , Capt . George Cullen , (an Irish Man.) She traded mostly up the Streights, and mounted 18 Guns; but I had not been in her a Month, before we went to Yarmouth to load Herrings, and coming into the Downs, she struck upon the Goodwin Sands , and was (as we all thought) so damaged, that the Captain and all his Men forsook her; but in the Night time she drove off to Sea, and was afterwards brought into Harwich, by the Solebay Man of War. The Captain hearing a Vessel was taken up at Sea and carried in there; he went thither and claim'd her, and had her restor'd to him; after which he refitted her, and carried her to Mounts-Bay to take in Loading of Pilchards; from whence we set Sail for Zant, but in our Passage we were taken by a French Privateer, and were carry'd into Havre-de-Grace ; and as soon as we were set ashore, we were all sent Prisoners to Denain , where we lay six Months, before we were released. There was at the same time many hundreds of Englishmen, who were Prisoners in that Place, and were kept there 'till they were released upon an Exchange of Frenchmen for Englishmen. About 3 or 4 Years ago, when the City of Dantzick was Besieged; I was on Board a Merchant-Ship, call'd the Hannah , Mr. Reid, Master, we got into the Road, and lay there a Fortnight expected the Seige to be rais'd every Day, but finding it likely to continue, we Sail'd to Riga , and took in a Loading of Masts for the King, with which we proceeded for London ; and since that time, I have made many Voyages, but mostly to Holland . I own I have been too much addicted to Gaming, and the Company of lewd Women, which Vices have contributed to my Destruction. (He here mention'd the Fact of which he was Convicted, but declar'd himself Innocent.) I repent of my Follies, and forgive all the World, and hope God will have Mercy on my Soul. JOHN MARSLAND . The following Letter was sent to one Madam GALLETLY. Hon. MADAM, YOU are not unsensible of my most melancholly Case before now; therefore I would not trouble you with a Repetition of it. To-morrow Eleven of us are to Die, and my humble. Request is, That as you have been always ready to do charitable Acts, you will of your Goodness, extend your Charity in getting my Body Buried, which will be as great an Act of Charity as you can do; tho' the Crime I am charged with is very Heineous. I hope you will have Compassion on, Madam, Your most Obedient, Dying Servant, JOHN MARSLAND . Some Account of the Life, &c. of James Leonard , given by himself a few Days before he suffer'd. I AM but a young Man, - not yet arrived to the 23d Year of my Life. I was born of Parents whose Characters are unquestionable, in Dublin , in the Kingdom of Ireland ; my Father is a Shop-keeper in good Credit and Circum stances in that City; he took Care to send me to School, and intended to qualify me for some genteel Calling or Occupation; but before I was full ten Years of Age, I ran away from my Father and Mother, and went to an Uncle in the Country, where I continued near a Twelve Month, and from thence to some other Friends, who lived but a little Distance from my Uncle's. After this, my Uncle and other Friends, importun'd my Father to take me Home again; but I incurr'd his Displeasure so much, that he would not see me; bu at last he was prevailed upon to put me Apprentice to one Bannister, a Shoe-maker in Dublin , whom I serv'd about three Years; but he then failing, was obliged to shun Dublin for Debt, and went to the City of Cork , and Business not answering there for him, he was obliged to travel further into the Country: Under these Circumstances, I took a liking to loose Company, and leaving my Master, I became a Drumb-beater i Cork , where I continued for some time, and then meeting with a Recruiting Serjeant, who wanted Men for Gibraltar, I agreed with him and went to Gibraltar , where I remained in the King's Service four Years, and gain'd a great deal of Money at my Trade besides. Being bred a Roman Catholick , I took as many Opportunities as I could, of going to the Spanish Chapel by stealth to hear Mass; but being at last discover'd, I was severely Punished, and soon after I diserted; I took an Opportunity of stealing from off Guard in the Night, with two other Irishmen who were on Guard also; we had consulted together before, and concerted how we should get away. We put our Design into Execution, and left Rinchees (i. e.) Fellows who are coveous of Money, and do Duty sometimes for us in our Place, to answer when the Officer come to see if we were on Duty; but as we were going off, we were discovered, and fir'd at, but none of the Shot reached us, except one, that took me in the Skirt of my Coat without doing me any further Prejudice. I had eleven Otouches about me, all which I fir'd off in my own Defence before I got safe among the Spaniards, and brought my Piece with me. We were receiv'd in the Spanish Watch-house (as all English Diserters are) and from thence we went directly to Cadiz , and I had the Luck to get a good Place in the English Consul's Service ; as I could speak English, he employed me in going with two Spaniards on Board the Ships that came in, to bring up the Captain's to the Governors, to pay the Premium they are obliged to pay for coming into that Port; I had not been long there, before I quarrelled with a Woman and beat her, and knowing the Punishment I must undergo (for striking a Woman, is there a very great Crime, and attended with the severest Punishment) I took to my Heels, and found an Opportunity of coming to London , and I brought with me about 400 Dollars. When I came first to Town, which is about eight or nine Months ago, I took a Room in Fleet-street , and employed a Journeyman at my Trade; but I had not lived there long, before I was robb'd of what Money I had not laid out for Leather and other Utensils in my Trade, and all my Cloths, and even the Box they were in. Then I was obliged to go to Journey-work myself. As to the Fact for which I suffer, I do declare that I never had any Acquaintance with Cavenaugh, who was Evidence against me, 'till I happen'd to come with an Acquaintance of mine to see a Debtor in Newgate, a little before Christmas last, and Cavenaugh was then a Prisoner there with one Donnelly, for forging of Passes. He knowing I was a Countryman, complain'd to me of his being in a starving Condition, and I gave him a Shilling Some time after he was discharg'd, I met him unfortunately in Long-Acre , and he invited me to drink with him (as I had been civil to him in Goal) We went into an Alehouse, and before we drank one Pot of Beer, he asked me if I would not go with him, and some more of our Countrymen upon the Scamp; I did not understand what he meant by the Scamp, but he explained himself. I told him I could get my Bread at my Trade, and would not venture my Life on any such Account, and endeavoured to shun him ever since, where ever I met him; I acknowlege my self to have been guilty of several Crimes, for which I deserve Death, as well as for deserting from my Colours. But when this Fact was committed, I was then so ill of a Stab in my Groin, that I was not able to assist in any robbery. But God forgive him, I freely forgive him and all the World, and dye an unworthy Member of the Church of Rome. James Leonard . The Account of James James , otherwise Jemmy the Drummer. I Was born in the Parish of St. Magnus London-Bridge , and am now about 19 Years old, my Father was a Waterman and Fire-man, he wore the Hand and Hand Fire-Coat for 30 Years, and he gave me a tollerable Education. I was not above 14 Years old when my Father dy'd, then my Mother bound me Prentice to one John Freeman a Corn Lighter-man at Queen-Hythe , but I had not liv'd above a Year with him before I ran away from him. Immediately after I left him, I got acquainted with James Maddock , William Hardisty , and Samuel Piper , who is now a Fellow Sufferer, and others who follow'd ill Courses. We generally frequented the Play-houses, and pick'd Gentlemen's Pockets of their Watches, and took their Swords from their Sides; sometimes when the Swords and Watches were advertised, and a good Reward offer'd, we return'd them, and got the Reward; sometimes we took the Swords to Pieces and melted down the Mounting into a Lump, and sold them to Silver-smiths; We have committed several Robberies in the Street together, as well as in the Fields. Hardesty and Piper were tried at the Old-Bailey in December 1737, on my Information, and Hardesty was convicted and executed, but Piper was acquitted; I own Piper was not concern'd in robbing Mr. Clark the Surgeon in Halborn, but he was concern'd with Hardesty and me in robbing a Gentleman in Queen-street , as he went in his Coach, and likewise in several other Robberies. He and one William King and I stopt a Brewers Clerk in a Street facing Drury-Lane , who being somewhat stubborn, Piper cut him with his Hanger, I fir'd a Pistol at him, and wounded him in the Arm and Shoulder, and I had like to have kill'd Piper too, for I shot his Hat off, but we did not get the Booty we expected; we stop'd several Coaches about St. Paul's-Church yard , Cheapside , &c. But the greatest Booty we got were the Swords, for we generally got 6 or 7 a Week, I receiv'd a Guinea and half about a Months before I was convicted from a Sword-Gutler, for a Steel mounted Sword enlay'd with Gold, which we took from a Gentleman's Side at the Play, The same Night we took 'Squire Cotton's Sword [for which I die.] Likewise another Person (who went by the Name of Zear) and Maddox and I, attack'd a Gentleman near St. Clements Church in the Strand , and took away his Sword, which I carry'd Home, and return'd to the Play, and as 'Squire Cotton was handing his Lady into the Coach, I took his Sword from his Side, and he charg'd the Linkman who light him with stealing it, and threat'ned to send him to Goal; this Linkman knew Maddock and me both, and had Maddox taken up, upon which he turn'd Evidence against me, I freely forgive him, and all the Enemies I had in my Life-time, from the bottom of my Heart, and beg all young Men will take Warning by my sad Example, and live in the Fear of God. James James The Account of Thomas Easter . I AM now about 24 Years of Age, I was born of very honest Parents at Alsum in Norfolk , my Father is a Butcher by his Trade, and lives now at that Place. I was brought up to the same Business, and have work'd Journey Work at it for about 5 Years in London , but being extravagant, and getting acquainted with bad Company, I betook myself for these 12 Months last past to the Highway, and have committed several Robberies on different Roads, and in several Parts of the Country, even after I had committed the Robbery for which I die. I have been at Alsum since I committed this Fact, where I stayed four Months, and committed several Robberies in that Neighbourhood, then I came away to London again and was apprehended, and Jesse Walden , who was one of my Accomplices turn'd Evidence against me, I own I was concern'd with him in the Robbery for which I die, and in a great many more, but I never committed any except on the Highway: As the World knows too much already to my Discredit, I don't think proper to give any farther Particulars of my Life, I own I have deserv'd Death, and hope no Body will cast Reflections on my Brother or other Friends, for my ill spent Life and inominious Death. I forgive all the World, and hope for Forgiveness from Almighty God. Thomas Easter . A Copy of a Paper left by Thomas Easter . Good People, I AM now brought to this Place to suffer a shameful and ignominious Death, and of all such unhappy Persons, 'tis expected by the World they should either say something at their Death, or leave some Account behind them; and having that which more nearly concerns me, viz. the Care of my immortal Soul, I chose rather to leave these Lines behind me, than to waste my few precious Moments in talking to the Multitude. First, I declare I die a Member, tho' a very unworthy one of the Church of England as by Law establish'd, the Principles of which, my Parents took an early Care to instruct me in. My Life being justly forfeited for my Offences, it becomes me to do all that is in the Power of such an unhappy Wretch as I am, to render my Punishment serviceable to my Country, by exhortting those who have already set their Feet in these Paths, to turn back in Time, before the Judgment of the Law hath overtaken them, and to inform such young Creatures as may be misled into a Belief, that there is something pleasant and engaging in a Life of Plunder, because those who once engage in such Ways, are seldom, if ever reclaim'd. Such licentious Delights as Men who abandon themselves to robbing and stealing continually wallow in, are of all Things the farthest from giving any Satisfaction; judge then what Miseries are felt by those who are wretch'd, awake and restless in their Sleep who are constantly in Terror, and affrighted at the shaking of a Leaf. O! how miserable a Road is that which leadeth to Destruction; what Agonies do the Wicked feel in their Journey thro' the Paths of Death. May all shun them who read this Paper. Those whom in the Course of a very wicked Life I have wrong'd, will I hope accept of that Punishment the Law hath justly adjug'd me to, and which I shall have suffer'd before this comes to their Hands, and not load my Memory with Reproach, or transfer them to any who survive me, and who ought not to suffer in their Character for my Crimes, as well as in their Fortune from my Extravagance and Folly. Their Charity in forgiving me will redound to themselves, and as to all who have injur'd me in my Life-time, I sincerely and unfeignedly o give them. The Mercy of God thro' Christ light on my departing Soul, and cleanse it from all Spos of Sin before I appear in the Presence of my Creator. Amen. ADVERTISEMENT. WHEREAS I James Riley , Watch-Maker , next the Three Tuns in Woods-Close -Clerkenwell have been afflicted for ten Years and upwards, with a Vertigo, Giddiess, and swimming in the Head; violent Headach, Mists before the Eyes at Times, Faintings and Lowness of Spiri pitations and Trembling of the Heart, which last affected the Nerves, and brought a paralitick Trembling and Weakness of the whole Body, with Convulsive Twitchings of the Arms, Legs and other Parts, and the Use of my Speech much impair'd in this Condition I applied to the Hospital and was there for several Years and all to no Purpose, and at last I was deem'd Incurable, and though a young Man, had given over I open of a Cure till hear of the great Cures performed by Dr. Henry in Fatten-Garden, next Holborn, in nervous Cases I applied to him, and He, with his nervous Medicines instantly cured of my terrible Distemper, and I am now as well as ever I was my Life of my Head, and likewise of the paralitick Trembling and Weakness of my Nerves. This I thought might be of Service to the Publick in general, to make more fully known to such whose Misfortune is to be afflicted as I was, and where they may find a speedy and safe Cure, and I am ready and willing to justify the Truth of wh is here inserted. And whereas many afflicted with Distempers, and live at a Distance whereby arrived of the successful Use of this nervous cine, it is so ordered, as to be sent to any Distance, seven Shillings the Bottle, with Directions, which Operates all upon the Blood, Spirits and Nerves, the principle Seat or these Disorders, which at first taking, the Patient is presently relieved, by strengthning the weak and feeble Nerves, enriches the Blood, and is a Cordial to the Stomach; so as the Patient sends their dition, and how long they have been afflicted, in a ter to the Doctor, Post paid. Note, The Doctor cures the Pa, caused Cold or Moisture, which chills and over moistens the Head and Nerves, or with a too heavy nervous Juice; and many Times when the Speech hath been taken away for some Months: and likewise the Use of one Side, Arm or Leg, and the Decay of Age, when the Solids grow Crisp and dry, and subject the Limbs and other Parts of the Body to Tremblings and Weakness for the Method I take, wonderfully ickens the Sense and Motion of the Fibres in Constitutions, overflowed with Cold, , and Defluction. N. B. The Doctor is to be spoke with every Forenoon 'till One o'Clock. FINIS.

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THE BEHAVIOUR OF THE Condemned Criminals IN NEWGATE, VIZ; Thomas Benson , Anne Parker , and Jane Arnock , As Also The Dying Speeches of John Wise , for Robbing and Murdering of Elizabeth Fairbanck , who was Executed at PICKADILLY , and James Shaw , who was Executed. AT TYBURN. On Friday the 17th. of the October, 1684. WHereas at the late Sessions of Gaol-Delivery, held in the Old-Bayly, on Wendesday, and Thursday, the 8th. and 9th. Days of October, Instant Five Persons received Sentence of Death, viz. Thomas Benson , James Shaw , John Wise , Anne Parker , and Jane Arnock , The Ordinary on Friday visited the the said Condemned Malesactors, who being then placed about the Table in the Chappel of Newgate as is usual, for the space of two hours at least, he endeavoured to make them sensible of their several Crimes, opening the horrid nature of them. Then he instructed them in the Creation of mankind in an Holy and Hapy State, shewing how all men being made upright in the first Adam, as a publick trustee, or common parent and Representative of them, Apostatized from God virtually in him, deriving a sinful nature from Adam by propagation and that most justly, for the breach of the Covenant of perfect obedience due from all Men to God their Creator. And demonstrated from many undeniable arguments, that had all Men been Created together with Adam, they could not but have expresly consented to the equitable and advantagious termes of that first Covenant. Which being willfully broken, exposed all Adam natural Posterity to a state of Sin, to all the miseries of this Life, and the wrath of God for ever. Then the Ordinary opened the Covenant of Grace and Redemtion by Christ the Second Adam as a Federal Head and Trustee, for all his Spiritual Seed and Allies, who are restored to the Image of God and Communion with him, even to a better and surer State in Divien savor, than could have been obtained by perseverance in obedience to the first Covenant. In opening the mysterie of Redemtion by Christs perfect Active and Pas sive obedience, the Condemned Persons were clearly instructed how the Law and Gospel sit Sinners preparatorily to come to Christ, that they may have an interest in him, by his Spirit working Faith in them and a sincere Repentance for the applying all the benefites requisite to Salvation purchased by Christ effectually, for all True beleiving Penitentiaries: here he stated the difference betwixt True and false Faith, Hope, and Charity, exhorting the Condemned Persons to a speedy Repentance, and thorow conversion to God in Christ, then he took account, whether they understood the Articles of their Christian Faith, and shewed how they all in their own nature have an influence into the practise of an Holy Life. Then the ordinary Prayed largely for them, and gave them farther advice for their Souls benefit, both supporting them with Divine promise & Christ incitation of Sinners to come to him for reconciliation with God, and peace in Conscience and so dismist them. On Saturday the Ordinary took account of the Criminals what sollid Grounds they had to hope for a future happy state, having Prayed and exhorted them before on that day; he now proceeds to the acquainting the Reader with their Dying Acknowledgments taken by him in their own expressions. First, Thomas Benson , an Apprentice to Mr. Nichols a Vintner : without Bishopsgate London , Indicted for Ravishing Elizabeth Nichols , Daughter to the said Mr. Nichos, being a child about 7 or 8 Years old, which was proved by many Circumstance against him, that he lay with the Child 5 times he willingly gave the ordinary an account of himself, he was a young Man Aged 18 or 19 Years he was Condemned for the Abominable Crime of a Rape upon a young Girle of Eight years of Age; he had Lived formerly Five years as an Apprentice with Cap. Blackgrave a Vintner at the Crown Tavern behind the Royal Exchange ; he said that he was dismist from that Service for his refractory Carriage toward his Master, after that he lived with Mr. Ni Bishopsgate, where he was in Service, only for half a year. He said that Mr. Nichols ordered him several times to go to the publick parrish Church on the Ferenoon of the Lords day, but in the Afternoone, he he took his own time to Visit his acquaintance, with whom he sat Drinking yet not so as to be inflamed with excess, that he was only twice Drunk to be quite void of Reason, in his whole Apprentiship. Afterward he more frequented bad Company, which drew on the prophanning of the Lords day, for which, his Mother often chid him, but he little regarded it. That he seldom Prayed to God to keep him from temptation of Sinning against him, that he sometimes in passion would Curse others, and that Horrid Imprecation of Damnation on himself, as to the said Crime for which he stands Condemned, he not , for he contest it before the Lord Mayor: he said that he a God justly left him to this Horrid s, because he had before known two grown Persons Carnally, but had of it. This I had m but y for warning to others; that when he was moved by the Divels in and the hurry of his L to this Crime committed on the foresaid Elizabeth Nichols , he Prayed not that he might have an Abhorrence of it; he said that the Girl cme into is Chamber and so her the opportunity to commit this b t being then in Drink. To this the ordinary replyed, that he could not make that an extenuation of his Crime, because it was an Introduction into it and an aggravation of it; whereupon he wept, saying that he acknowledged the greatnes of this and all his other Sins, and earnestly beg’d of God to pardon them, for the sarisfaction of Christ God-man, who suffer’d the wrath of his Father due to our Sins, which is intolerable for us to bear, that he Prayed for the assistance of Gods Spirit to work in him sincere Repentance, and thorough Change of his Heart, that if this be purged by Christs blood and renewed by his Holy Spirit he shall through Christ merit become whiter than Snow. He said that he beg’d his Persons pardon for disobedience and the Pardon of all Persons whom he hath injured, but cheiely Gods Pardon: and hopes that Christ makes Intercession for him that he may be in Gods favour and may hear the Blessed Sentence pronounced towards him in the day of the last judgment come ye Blessed of my Father. The Ordinary replied that man Heart is very deceitful of which he hat had sad experience in some who after his Majesties Gracious Pardon, have abused it notwithstanding all protestations and resolutions to the contrary and have in a little time afterwards false into new Crimes and could not recover that degree of r which they seemed to have exprest before, the Criminal said that he knew that Faith and Repentance were the st of God, and therefore he Prayer that he may be affifred so as to perform them g and that he desire to mourn for all Sin, chiefly because it offends God and desires his Conscience, and hat he begg not only Gods pardoning Mery, that Sin may not d him that the sence of Gods loving kindness, may r him up to te n perfectly and to labour after a clean and upright H. II. James Shaw who was convicted for Burglary and Robbery, upon the House and Goods of John Coghil Esq ; part of the Goods being by him expesed to said and other plain circumstances against him: Acquaimed the Ordinary that he had served 3 years White and Black Smith : That his Master: Dyed and so he was left to the wide. World to first for himself, his Father being then Dead, that he had been a prophaner of the Sabbath an hard drinker a Gamester and a Sweater, that he ahd lived 6 years from his Wife and yet did not deny but she was an honest Woman, and a pains-taker, the Ordinary replied he had no reason to leave her Society, unless bad Woman drew off his love which he did in part acknowledge: he said that he had been formerly Condemned to Dy for Clipping, his Majesties Coin but deoyed the present Crime and that for Twelve Months past he had Prayed God to keep him his true and Faithful Servant. That he was no at last free to Dye yet he beleived God was very angry with him for former Sins or be would not have suffered him now to be Condemned he spake much as to the asserting his own nnocny as to the present Crime but the Ordinary replyed he could not give any Credit to his Cting language and Hypocritical pretences of Innocence; it being a great Sign of impdency and Impenitence in which to persist to Death would be the height of Wickedness. III. The next Person by name John Wise , who was Incted and found guilty, of the Bous Murther and Robbery, of a good honest woman that liv’d in a Cellar near Pickadilly , by breaking her neck and takeing from her to the value as supposed of 6l. in money plane and good on a Sunday about 9 in the Evening in April last: The murther hah been e since concealed, and was now made pain by the Evidence of one who went for the Wife of Charles Tooley , who together with Richard Jones , and this Wise were concerned thein. She tified, that her said supposed usband, being ed into for this crime, and being there h death bed did confess the Murther and Robbery aore-said: And that when the said fact was committed the further re: That she saw Wise the same night have over his oe ch a se that was taken from the Widdow abovesaid: with many other plain Curcumstance. This Wise said that he was born and bred about westminster , and bound Apprentice to a silk-Stocking Maker , but did not serve out the time he was ound for, that he went afterwards out to Sea and after that he spent some time n s from we he came into England two v s: that then he Prayed to God to ct him to some honest way of od but meeting with bad Company that desire soon vanished, for although he went to Church sometimes and gged at that present for a new Heart, yet he avoided not bad Company, but frequently prophaned the Sabbath, and would drink unto exces: so that he carnally knew lewd women. Yet upon his Repentance he said he did not dispair of Gods Mercy: But hoped that Christ dyed for his sins, which he now endeavoured to recal to mind and repent of, from the bottom of his heart and bad he a 1000 years to live they were time little enough to repent thoroughly for the neglect of his Duty to God, who had given him knowledg, but he had sinned against conviction: And therefore now he beggs of God to assist him in searching his heart, and that he may mind nothing but to make his peace with God. He said that he did not fear death so much, as disobedience against God by sinning. The Ordinary replied, that he ought to suspect the truth of his Repentance because he did not ingenuously take shame to himself in confessing the Murther for which he stands condemned to Dye: Whereupon he did not much deny it on the Friday, but bogled at it on Saturday. Tho I hope he will not go out of the World denying his Sins. IV. Jane Arnock a French-woman, who was convicted of a felony in stealing fifty pounds she could speak little or no English so as to be understood; Yet she relented much at what was offered to her by way of Conviction. The foregoing Account being taken by the Ordinary from the Prisoners own mouths: I Proceed to acquaint the Reader, that his most Sacred Majesty, was graciously pleased to repreive 2 of the afore said Criminals. viz. Thomas Benson , and Jane Arnock . (and Ann Parker haveing pleaded her pregnancy as above,) there was only two Prisoners, viz. John Wise and James Shaw , who this 17th day of October suffered. As to the first of which said Criminals, viz. John Wise , he was ordered to be Executed on a Gibbet, set up on purpose in Pickadilly , against the place where he committed the Murder and Robbery aforesaid: Where he was carried from Newgate between Nine and Ten of the Clock in a Cart by himself. As he went through St. Giles’s, he called for half a pint of Canary, and Drank the same off. When he came to the Gibbet, not with standing his resolute denial of the Fact all along during his Imprisonment, and at his Trial, the sight of that Fate which so nearly attended him, struck Terror into his Heart, and made him Confess as follows That from the time he knew what Sin was, he was a great Sinner, and had very much neglected his duty to God not regarding any thing of Religion, but was disobedient to his Parents, and rejected the Councels of his best Freinds. That for the many Robberies he hath been accused most of them he did Commit though not all, and many which he never was suspected for he : Commited; and perticularly as to a Robbery which he did upon an Ancient Woman, liveing in Theivinig-lane at Westminster, This he did Singly in his own person and conveyed the goods away himself, without other Assistance. That as to the perticular Crime, he came now to suffer for; He bewayld it as his great unhappiness, That he fell into the Acquaintance of Tooley and Jones, who brought him into the same: That the Saturday, before the Murther was Committed he was Guilty of a Robbery upon a Coach at Westminster , from which he Stole a very Rich Silkegown: That the next day being the Lords day in the Morning Tooley Jones and himself, contrived the Robbing Mrs. Fairbanck, Jones declaring that he knew her, and that she had a great deal of money by her; That at Night about 9 or 10 of the Clock they 3 came all together pretending to Drink at her Cellar: Jones takeing acquaintance with the Old Woman and saying the other 2 were his freinds, after which, they ordered him to go and shut the door, and stand and watch least any should discover them which he did, whilst in the mean time they Murthered her, and took what she had which they acquainted him with as they came out: saying they had made, sure Worke with her and that she should never tell Tales, to which he said why I nope you have not killed her? yes replyes Jones, but we have, then Answers he I would to God I had not Joyned with you for we shall all be Discovered, and have nothing now to do but every one to shift for himself yet agreed to meet at a place where they shared the Spoyl, which was divided between them: of which his Part came not to full 10/. for that the Rings and the Suit of Cloathes mentioned in his Tryal, fell to his Lot. After which he Prayed, and begged of God to Pardon him for his concern in, and Concealing so Barbarous a Murder; Exhorting all People that then saw him, to avoid those Sins that Justly brought him to this sad end. During the time he was in the Cart, his Wife came up to him, of whom he took his Leave, and Kissing her, told her he hoped God would provide for her, better than if he had lived with her, with other expressions to the same effect. He Died very Resolutey, and was little Lamented, being a Notorious Criminal. The next that suffered was James Shaw , who was Executed of Tyburn ; he Prayed very sensibly, and suitably to his Condition, and Exhorted all Persons to shun Evil courses, which had brought this Evil End upon him; confessing that he had been a notorious Criminal, and had many times been guilty of Death, for Diminishing and Clipping Kings Coin: But as to the Fact which he now came to Dye for, he was utterly Innocent, being not in the least concerned in the Robbery: Yet as to the Tankard that was found in his Poffedion, he gave some Money for it to one Carr who was in the Robbery; and strove to expose the same to Sale, but was not farther Guilty. And this he stood in to his Death. Dated the 17th. day of October, 1684. Samuel Smith , Ordinary . LONDON, Printed by George Croom , over against Baynard's Castle in Thames-Street . 1684.

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THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, & Dying Words Of the FOUR MALEFACTORS Who were executed at TYBURN On Monday the 16th of NOVEMBER, 1747. BEING THE First EXECUTION in the MAYORALTY OF THE Right Honble Sir Robert Ladbroke , Knt. LORD-MAYOR of the CITY of LONDON. NUMBER I. For the said YEAR. LONDON: Printed for, and sold by T. PARKER, in Jewin-street, and C. CORBETT, over-against St. Dunstan's Church, in Fleet-street, the only authorised Printers of the Dying Speeches. M.DCC.XLVII. [Price Six-pence.] THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, &c. BY Virtue of the King's Commission of the Peace, OYER, and TERMINER, and Goal-delivery of Newgate, held before the Right Honourable WILLIAM BENN , Esq ; Lord-Mayor of the City of London ; the Worshipful JOHN STRACEY , Esq ; Recorder , and others of his Majesty's Justices of OYER, and TERMINER, for the City of London, and Justices of Goal-delivery of Newgate, holden for the said City, and County of Middlesex, at Justice-Hall in the Old Baily, on Wednesday the 9th, Thursday the 10th, and Friday the 11th of September, in the 21st Year of his Majesty's Reign; THOMAS PURYOUR , otherwise called, and known by the Name of BLACKTOOTH , was capitally convicted, and received Sentence of Death accordingly. And by Virtue of the King's Commission of the Peace, OYER, and TERMINER, and Goal-delivery of Newgate, held before the Right Honourable WILLIAM BENN , Esq ; Lord-Mayor of the City of London ; the Right Honourable Sir JOHN WILLES , Knt. Lord Chief-Justice of the Common-Pleas ; the Worshipful JOHN STRACEY , Esq ; Recorder , and others of his Majesty's Justices of OYER, and TERMINER, for the City of London, and Justices of Goal-delivery of Newgate, holden for the said City, and County of Middlesex, at Justice-Hall in the Old Bailey, on Wednesday the 14th, Thursday the 15th, and Friday the 16th of October, in the 21st Year of his Majesty's Reign; GEORGE LANCASTER , THOMAS FULLER , and HOSEA YOUELL , were capitally convicted, and received Sentence accordingly. As to the Behaviour of these unhappy People, that of Richard Puryour and Fuller has been very decent and orderly, becoming their melancholly Circumstances; shewing great Marks of Sorrow for their Offences, which have so provoked God, as to suffer them to be brought to this untimely and scandalous Death, Repentance has daily appeared in their Words and Actions. Lancaster , soon after Conviction, before he had time to think seriously of his Condition, or to be advised of it, behaved in such a Manner as merited close Confinement for a few Days. But upon his Promise of good Deportment for the Future, he has had the same Liberty with his Fellow sufferers, and has appeared sensibly affected, and serious in his Devotion, as have also the two aforementioned. Hosea Touell always desired to be admitted to go to Chappel with the rest, though a Jew , which has been indulged him. If his Attendance there has been of any Service to him, or any ways tended to the Furtherance of his Hopes of God's receiving his Soul, I should have Cause exceedingly to rejoice at it. However, it is my humble Opinion he could not be in any Place during his Confinement, where his Time might be less liable to be mispent, than in the Chappel, where Divine Service was performing, and Prayers offering up to God, for all Sorts and Conditions of Man. On Wednesday the 4th Instant, the Report of the seven Malefactors was made by Mr. Recorder to his Majesty, when he was pleased to order the four following for Execution, viz. Thomas Puryour , George Lancaster , Thomas Fuller , and Hosea Youell , on Monday the 16th Instant. 1. THOMAS PURYOUR , otherwise called and known by the Name of BLACK-TOOTH, was indicted for unlawfully, riotously, and feloniously assembling, with several others, to the Number of fifty Persons, at Reculver , in the County of Kent , on the 30th of March, being armed with Fire-Arms, and other offensive Weapons, in order to be aiding and assisting in the running, landing, and carrying away uncustomed Goods, and Goods liable to pay Duties, which had not been pay'd or secured, against the Statut 2. GEORGE LANCASTER , was indicted for feloniously causing, and procuring to be made, forged, and counterfeited, the Assignment of George Price , of the Will of his Father Hugh Price , with intent to defraud John Girling , and for publishing the same, knowing it to be false, forged, and counterfeited, against the Statute, &c.June 12. 3. THOMAS FULLER , late of Hawkhurst , was indicted, and the Indictment sets forth, that he together with Samuel Austin , and divers others, upon the 5th Day of August, at the Parish of Lyn , in the County of Kent , being there armed with Fire-Arms, and other offensive Weapons, unlawfully, and feloniously carrying away uncustomed Goods, and Goods liable to pay Duties, which had not been paid, or secured to be paid, against the Statute in that Case made and provided. 4. HOSEA YOUELL , was indicted, and the Indictment sets forth, that not having the Fear of God before his Eyes, and being moved by the Instigation of the Devil, on the 23d of September, did make an Assault upon Joseph Johns , and with a certain Sword did strike, or stab, and give one mortal Wound, the Breadth of one Inch, and the Depth of nine Inches, of which Wound the said Joseph Johns died. THOMAS PURYOUR , aged about 30 Years, was born in the Parish of Green in Sussex , of Parents who are reported to have been honest, though poor: His Father was a Husband-man , or Labourer by Occupation, and the Son's Employ was constantly in the same Way for a long Time, 'till (unhappily for him in the Event of Things) falling in Company with a Set of People that were Smuggler s; and being made acquainted with the Sweets of their Labours, he was induced himself to be one of their Gang, and to take on with them in their illicit and pernicious Practices. He confesses indeed he followed it for some Years, and got a very good Livelyhood by it. The Reasons he gave for enlisting into this pernicious Service, was, that he got more Money, and earned it at an easier Rate, than in the Calling in which he was bred up. Being made sensible that hence arose his grand Misfortune, that making too much Haste to get Money, and that at the Risk and the Detriment of the public Revenues, and the common Interest and Trade of his Country, and not being content in that Station of Life, in which it had pleased God to place him, might be Reason sufficient to provoke the Almighty to suffer him to be cut off from the Earth in his Youth, by a sudden and shocking Death: He reply'd, he was heartily sorry for what he had done; and tho' he was to forfeit his Life for what he had not done, he received his Fate with all the Patience and Resignation that was in his Power. He declared to die in Charity with all Men, even such as prosecuted him unto his Death, though he never was, nor would be persuaded to own his having been at Reculver at the Time mentioned in the Deposition against him at his Trial. And notwithstanding all that could be said to him, he further still persisted in declaring upon his Word, as he was a dying Man, and about to appear before him who knoweth the Secrets of all Hearts, that he left these evil Practices as soon as he was sensible of the Resentment which the Legislature expressed by some late Acts made, and Advertisements published against reputed and notorious Smugglers. Upon which I observed to him, that he was by his own Confession liable to the Censure of the Law, having been a Smuggler , and concerned in landing uncustomed Goods, in assisting and carrying them off, and of converting a Benefit and Share of them to his own proper Use: To which he answered somewhat surlily, and in few Words, That indeed it was true; but little did he think, when about that Business, that ever he should be hanged for it, as it was so common a Practice, and a Thing so publickly done. I told him again, I hoped he was sensible of its being a Practice contrary to the Law of God in the eighth Commandment, the Sum of which is, that a Man must not hurt his own, nor yet his Neighbours Estate, but so far as he can procure the Good of both. Agreeable to which I moreover told him, was this present Law against Smuggling made, a Practice not tending to procure the real Good of either, but to hurt and ruin Trade in the fair Way of carrying it on, which only deserves the Encouragement of honest Men. Then he said, it is true, I have followed this Practice, which now proves my Ruin; I earnestly beg God to forgive me for this, and all other the Offences of my Life, committed against him or my Neighbour; I repent me of my former Sins, and if the Grace of God assist my present Resolutions, I shall die contentedly, and in Charity with all Men, relying on the Merits of my Saviour and Redeemer Jesus Christ for my Salvation. THOMAS FULLER , aged 22 Years, was born in the Parish of Lyn , near Romney Marsh , in Kent . His Father is said to have been a substantial and notable Grasier in those Parts, who dying when this Youth was but twelve Years of Age, left several Children behind him, who have been well brought up, and educated for a large Family of such a Man, and are now in a good Way of Living. The unhappy Subject of this Account lived at Lyn with the Family till within this six Years. Since when, he says, he came to live with a Brother-in-Law at Hawkhurst for three Years. Since which Time he set up for himself as he termed it, and does not deny, but that he practised himself in this illegal and unjustifiable Practice of Smuggling , and dealing in unaccustomed Goods. He confesses, that he has been concerned with that Set of People, who are through Length of that evil Practice, become to great a Nuisance to the Nation in general, but particularly to those Parts of England where they gather together in large Bodies in an offensive Manner, in Opposition to all Laws, and contrary to all Justice; but that tho' many Outrages have been committed by these lawless Men, no one could ever lay to his Charge any Share of that their ill Behaviour. I then took Occasion to observe to him, that he had been an Outlaw, and that for such an Imputation against him, there must be great Cause, or such Rigour would never have been prosecuted against him. In Answer to this he said, he had indeed been a Smuggler, but at the Time he was so exposed, and publish'd to the World, he had been ill of a violent Fever for eight Weeks before, of which he had Testimony sufficient to have offered, had he been tried upon the Outlawry, and which he imagined would have been the only Prosecution, and Indictment laid against him: Upon which I told him, that according to his own Account of himself, he was notwithstanding liable to the Censure of the Law, and therefore should think of resigning himself patiently, and without murmuring at his Fate: And he would not be persuaded at the last to own, that he was at the Place between Lyn and Old Romney , on the 5th of August, armed with Firearms, or other offensive Weapons, though I several Times repeated it to him to beware of telling a Falshood, in the Presence of that Being, who knoweth the Secrets of Hearts, and understandeth the Thoughts of Man. And least any worldly Consideration might prevent and hinder him, declaring the Truth freely and openly, the Question was put to him: Whether he imagined People could be so wicked, and daring to come in the Face of a Court of Justice, and swear to a Man, and criminal Facts by him committed, which will take away his Life, without being fully convinced in their Consciences, that they had good Cause, and sufficient Grounds for it. At which he was silent for a while, and at last said, he would not charge any Body wrongfully, but that he had several Reasons to remember that he was at this Brother-in-Laws at Hawkhurst , that Day, making, and carrying Hay, and that to his Knowledge, he was not in Company with any Smuggler for that Day. He declares to die in Charity with all Men, forgiving others as he hopes Forgiveness at the Mercy Seat of the Majesty on High. This is the Purport of the whole Account, and Confession, and Behaviour of these Two unhappy poor Fellows: No more would they be persuaded to say, and these Things they frequently said, in the Course of several Conferences, and Examinations. And as 'tis my Business to Report no more than I gather from them, nor can Force them to say more, than they will, whatever may have been made appear in the Course of Evidence against them. I hope the Reader may be satisfied with these my Endeavours, to bring them to a proper Sense of their Offences, and if they have not had their desired Effect, I have this to say for myself, I spared no Time nor Pains. As I cannot too often repeat wholsome Advice, to Wretches whom Custom in Sin has so much harden'd, as to think they commit no Crime, when they violate the Laws of the Land, I hope the Inserting the following Lines, on the Subject of Smuggling, will prove acceptable. The common People of England in general, fancy there is nothing in the Crime of Smuggling, but cheating the King of a small Part of his Revenue; and that there is no Harm done to the Community in general, or to the Properties of particular Persons: They think they have a Right to shun, as much as possible, paying any Duty for their Goods, and what they get by their Dexterity in that Manner is honest Gain, to be enjoyed as the Fruits of their Industry and Labour; but a little Consideration will teach them to think otherways, and convince them, that Smuggling is in itself a Crime of worse Consequence to Society, and more hurtful to particular Persons, than many other Crimes which Custom has taught them to look upon with great Abhorrence. The Prejudice done the Society, and the Damage received by Individuals, next to the express Declaration of the divine Will, are the best Marks by which we can judge of the Degree of Immorality in any Action whatever; and if we judge of their Crime of Smuggling by this Criterion, we shall find it a Sin of deep Dye, and to deserve the Resentment of every Man, who pretends to any Share of moral Honesty. In the first Place, the fair Trader is injured in his Property by their kind of illicit Trade: He pays honestly the Duties and Taxes charged upon his Commodity at his Entry, which in some Cases amounts to near as much as the prime Cost of his Goods at the first Market; this he must charge upon the Consumer, with a living Profit for his Riske, Trouble and Out-lay of his Money; but the Smuggler, who buys his Goods at the same Market, and perhaps at a lower Price, as he chuses the worst Sort upon running them, is able to undersell the fair Dealer at least one Third, and for that Reason is, by the greedy Retailer, preferred, though the Commodity he deals in is worse in Quality. Is not this robbing the honest Merchant of his real Profit, and forcing him either to sell below what his Goods cost, or leave off a Branch of Trade, to which perhaps, he has served an Apprenticeship, and built extraordinary Hopes upon, of being a Support to him or his Family? I appeal to every thinking Man, if there is any material Difference betwixt ruining a Man by robbing him on the Highway, and this Method of beggaring him and his Family by Smuggling? If there is any Difference in Point of Immorality, it must lie on the Side of Smuggling, as the Evil attending it is more universal, and reaches farther. Few Men carry their All in their Pocket; and not one Man in a Thousand is ruined, by what is taken from him by the Highwayman: But there is not a Ship of Goods run upon our Coast but injures Hundreds; perhaps not immediately, but in Process of Time it certainly has that Effect. Not only the Parts adjacent, and the Dealers near the Smuggling Port suffer by this Means, but the most distant Corners of the Kingdom are affected by it in a few Weeks, in Proportion as it lowers the Price of the Commodity, and diminishes the publick Revenue. But it is this lowering the Price which is the great Temptation; the Cheapness of the Smugglers Goods tempts the Retailer to prefer him to the fair Trader, from a mistaken Notion that it is his peculiar Interest to buy as cheap as he can, and consequently he encourages, conceals, and connives at all the Villainies of this Set of People. But if such a Retailer should give himself Time to think, I believe he might easily persuade himself, that he is robbing Peter to pay Paul; that what he gets upon one Article, he loses on another. It is evident, Taxes must be paid to support the Expences of the Government; and that every Subject, as he enjoys the Benefit of Government, is obliged to contribute his Proportion to that Expence. It is likewise evident, that if the Duties laid upon one Commodity does not answer the Sum charged upon it, that the Deficiency must be charged upon some other. Thus: Suppose the Duties charged upon Teas, Brandy, &c. falls short 100,000 l. of the Sum allotted to be raised upon these Commodities, is it not evident that this 100,000 l. must be charged upon Soap, Candles, Leather, Sand, or some other Branch? Suppose then a Dealer, by dealing with the Smuggler, saves about half the Duty payable to the King, or, which is the same thing, buys it so much cheaper from him than he would from the fair Trader, and that his Gains upon this Article amounts to ten or twenty Pounds a Year, I mean his illicit Gains, or the Difference between the trading Price and smuggling Price; now, as it is evident, that every twenty Pounds gained this Way lessens the Revenue forty Pounds, he or somebody else must re-place this Sum in the Treasury, by a Tax upon another Commodity; from whence it is as clear as the Sum; that instead of gaining twenty Pounds by his smuggling Dealer, he really loses twenty Pounds upon the Ballance. I own, he may not chuse to deal so largely in these other Articles, as to bring it to this Ballance, but some of his Neighbours may. And as much Money as they pay towards making up this Deficiency, occasioned by the Smuggler; just so much does the Person, who deals with such People, rob out of the Pocket of his Neighbour. If I was to charge several People, who make no scruple for the Lucre of Profit, to buy Goods which they know to be run, with as foul a Crime as Robbery, or even that of cheating their Neighbour, they would be apt to treat me with some Severity, and think I much injured their Reputation: Yet, upon serious considering the Circumstance attending this Practice, they must at last own, they deserve no better Character than that of a Highwayman and Cheat. Thus it is plain that Smuggling is a Crime of the most dangerous Nature, both against the Community and private Persons, and as such subject to the Divine Displeasure, as much as any other Felony. It is not only a Sin destructive to Society, and contrary to human Laws enacted for the Peace, Protection, and Subsistence of the State, but is a Sin against the literal Precepts, as well as the Meaning and Intent of Christianity: We are commanded Obedience to Government for Conscience sake; we are commanded to pay Tribute to whom Tribute is due. Our Saviour gave that Answer to the Jews, though that People had as much Reason as any People on Earth, to look upon the Romans as Tyrants, and having no Right to that Tribute, but what they founded upon the superior Force of their Arms; but how much stronger is the Christian Obligation, to pay towards the Support of a Government established? Not by Force or Fraud, butby the Consent of a free People, and conducted by all the Arts of prudent Policy conducing to their Happiness, both in their Religious and Civil Capacities. If we consider ourselves as several Members united in one Society for our mutual Peace and Protection, we must conclude it the highest Piece of Injustice in us to refuse or evade by Force or Fraud to pay our Contingent of the Expence incurred for such valuable Purposes, as the securing our Religion and Liberties. If the Government was to make any Infringement upon the Properties of Individuals, or aim at lessening the Freedom of the Constitution, how would the Smuggler and his Friends rail and exaggerate the mighty Grievance? Yet at the same Time grudge to pay their Quota, and take all Means in their Power by Deceit or Violence to cheat the Government of what enables them to preserve Order and Peace in the Community. I have hitherto had my Eye only on one Branch of Smuggling, viz. The Running of Prohibited Goods from abroad, which is chiefly carried on from the Coast of France to Kent, Sussex, and the neighbouring Counties round about, and from Holland to some Parts of Yorkshire; but there is another not less pernicious to the Commonwealth, viz. Running of unwrought Wool from England to France. The Damage done the industrious Clothier in all Parts of the Kingdom, is too glaring to need any Exaggeration. If we only consider what a Number of Hands are employ'd in Manufacturing a Ship-load of Wool, who must all starve when that Wool is exported to our Rivals in Trade, and Enemies to our Interest. This Trade employs the Poor among the French, strengthens their Hands, increases their Treasure, and enables them to vye with us at foreign Markets in our Staple Commodities. A few Mecenary Masters of Sheep-Walks may gain by this pernicious Trade, but how many Thousands, nay, Millions of Poor have Reason to Curse the Ill-gotten Wealth; and what a prodigious Increase does this Article alone make in all the Parish Rates in the Cloathing Counties of England: Not only the Industrious Poor sit idle and starve, but they become a Burthen to the wretched Remainder, and the Contagion spreads like a Plague, and infects with Poverty the whole Island. These Considerations alone are sufficient to awaken the Conscience of the Guilty in this Way, and to hinder us from affording them an unseasonable Compassion; but there yet remains some other Circumstances to blacken the Blackness of their Crime. These are the Manner in which they go about to execute their Smuggling Purposes. They go in Companies together, armed with all Manner of offensive Weapons, and escorted by the most profligate Wretches they can pick up: They employ none in their Service but Fellows who have given Instances that their Consciences are Proof against all Checks of Morality, Religion or Law, and whose Courage is equal to the most daring Attempts upon thePeace of the Society. By these Men Perjury amongst others, is looked upon as a venial Transgression, beneath the Conscience of a Gentleman Smuggler to be troubled with. Murder, Rapes, and Robberies are with them but as frequent, as they conduce to their Interest. Their Character, their Cruelty, and Numbers has given them another Source of Encouragement, and a new set of Allies. For Numbers of the Country People who perhaps abhor their Practice, from the Dread they have justly conceived of their Power, find themselves obliged, tho' against their Wills, to connive at or conceal, and even to assist them, and when they are not willing, they are compelled to lend their Aid. For when a Smuggling Vessel touches on the Coast, those concerned or their Associates meet at a Place of Rendezvous, and press all the Horses they meet with for their Service, which they sometimes return, and sometimes not, just as their Business requires, and the Owners dare not complain for fear of having their Throats cut, or their Houses set on Fire: Not only single Houses, but whole Villages and trading Boroughs are kept in this slavish Dependence upon them, out of real Apprehension of Danger, without any Regard to Profit in dealing with them. GEORGE LANCASTER , aged 21 Years, was born in Hatton Garden , Holborn , of Parents who lived there in good Reputation, and brought him up in a handsome genteel Manner: He was at the Age 14 Years, bound Apprentice to an Attorney at Law , with whom he lived not a long Time, but being of an unsettled fickle Disposition, left his Master, and retuned home again to his Parents: He says, 'twas a considerable Time, e're they could persuade him to go in any Way, whereby he might be supposed to be provided for, and to get his living for the Time to come, till at last he was persuaded to go to Sea , and was in one Service, abroad, for near 7 Years: When I talked with him at first, concerning the Crime he was convicted of, he seemed to make light of it, as but a small Matter that a Man should lose his Life for it, and some, who pretended to be Friends, though really not so, had persuaded him, what he did, had been frequently done, and that it would not touch his Life. I endeavoured by such Arguments, as I was Master of, to to persuade him to think the Contrary, which indeed was no difficult Task to bring him too: I observed to him that (as for the Excuse he pleaded, viz. It is a small Thing, and he did not think so much ado would have been made about so little a Matter) the more wicked and abject Sinner he, that would corrupt himself for so small a Thing as seemed to be in his Eye: Though at the same Time I told him, it was looked upon by every Body else, to be a very iniquitous Scheme, he had laid, to defraud a poor Orphan, and frustrate the Purposes of the poor deceased Parent, who had ventured his Life for the Support of his Family; and that he who will rack and corrupt the Conscience for a Triffle, will never stick to do five Times worse, for a Matter of Weight: I said God had forbid to take and divest to another Use, any Man's Goods, that by doing so, he had highly offended God, and that besides, the Punishment inflicted by the Laws of his Country, without hearty Repentance, to the Hurt of his own Soul in the World to come. Upon this he appeared to be pretty much struck with Surprize, and said he had indeed been an idle loose Person, profligate and extravagant: Being off from the Ship he belonged to, he says, for near a Twelvemonth e'er this atrocious Crime, of Forgery, was committed, he had spent a great deal of Money idly, that he had almost ruined his unhappy Mother, who had indulged him with all she could get, and more than she could well spare. At last Money growing scant, and his Wife lying-in, more was wanting; and having this Will of Hugh Price 's in his Custody, he took the Methods related in the Sessions Papers for October, to bring about his Criminal Intentions, in so clandestine a Manner, that it became extreamly difficult to find him out: At last, the whole Scene of wickedly concerted Villainy was laid open, and appeared in as dark Colours, as have been blended together, and exposed to the World for some Time past: He pretended to say, that when he was transacting this Affair, he thought no more of the Matter, than that he was at present doing for his Family, and helping to supply his then narrow Circumstances, finding himself and Family in want of Necessaries; and that if he was called upon for the Will by the Executor, he could but pay it then, and might be better able to spare it. But being advised, that even a Breach of Trust, the purloyning others Property, and offering to convert to his own Use, what he knew was not his own, was directly contrary to the Laws of God, and Man, and that therefore he could plead nothing in his own Favour, whatever his Necessities, or that of his Family were; he was content to own his Fault, and to look upon it in a much worse Light, than he had seen it in before. His Friends had now forsaken him, his Follies and Extravagancies had removed him far out of their Sight, and he had none to help him: Being young, and imprudent, and thinking to help himself, by unjust and iniquitous Methods, he made an Enemy of that great Being, who is alone able to help Men out in the greatest Straits and Necessities, who gave him up to his own Lusts, and let him follow his own Imaginations. On Friday Morning last, there came a Woman to Lancaster , in Newgate, with a Letter from her Husband in Fetter-lane, Setting forth: Whereas, her Husband was robbed 7 Years ago, who not having discovered, who committed the Fact, suspected him, and desired to know, if Lancaster was concerned, and knew who committed that Robbery. I talked to him about it, and he Vows, he never heard of the Matter before, nor was any way concerned: What Reason there was to suspect him, he says, he knows not; unless that when he was a Boy living in Hatton Garden , he and his School Fellows rambling about the Neighbourhood, in the Hours of play, some of them living in or near Fetter-lane, used at Times to divert themselves there; and he wished heartily (indeed not without sufficient Reason) that Evil had been since as much a Stranger to him, as it was at that Time. He acknowledges the Crime, for which he suffers, in all its aggravating Circumstances; and though he still entertained Hopes of a Respite or Pardon, to be obtained by Means of some Friends, he supposed he had in the World, who would endeavour to save his Life; yet he told me several Times, that but for the Sake of his Wife and Child, he was very willing to dye, and and expressed his Sentiments of his Condition, in these Words, or Words to this Effect. 'That were he to live 'longer, and go into the World, he 'might not be better prepared to meet 'his End, in whatever Shape Death 'might appear to him hereafter.' He declares himself to be in Charity with all Men, asking Pardon of such as he had offended, or injured, he professes to be sorry he can't make Restitution, but begs of God to do good to them for the evil he has done them; and having made use of such Methods and Means, as are prescribed for a Man to make his Peace with God, he has Hopes to be saved through the Merits of Christ Jesus. HOSEA YOUELL , aged 18 Years, as he reported, was born in Creed-Church Lane, Leaden-hall Street , of Parents, who are Jews . He was very ignorant and illiterate , not being able to read English, nor the Jewish, or Hebrew Language, so as to understand it, nor yet to write. Religion of all Kinds, even the Jewish, he was an utter Stranger to, and had no more to say about it, but that he loved to hear the Name of God. When I offered to lay before him the happy and glorious Advantages of the Gospel of Jesus Christ, how many and how superior to all the Mosaic Dispensation, had Title to; he said he had heard of such Things, but having been a Jew by Birth, and bred that Way, he would live and die such. All he said was attended with Hesitation, as if not willing to give a ready and direct Answer, and it was easy to observe his Spirit of prevaricating; so I forbore Converse with him some two or three Days before he suffered, and left him to one of his own People, as he desired, to teach him, if he was capable of receiving Instruction, in his Duty either to God or Man, which, I fear, he had no Knowledge of before. Ever since his Conviction, as he did at his Trial, he has obstinately persisted in Denial of the Murder of Joseph Johns . He was bred to no Business , though sometimes he says, he was used to work with a Chocolate-Maker ; at other Times, he was wont to go to Rag-Fair, and bought old Cloaths , and other Things, and among the rest, this merciless Sword, which did the Fact in all Appearance, and which, he says, he sold to one Hart. I asked him one Day, what could induce him to confess the Murder, to own himself guilty of a Fact for which he knew he must lose his Life; which he certainly did, when he was first apprehended. If he was not guilty, how he could declare he was, contrary to his own Knowledge and Conscience? And now, on the other Hand, as he refused to own he knew any thing at all of the Matter, but positively denied all, what he imagined the World would think of him? One Way or other, I told him, he must have given his Conscience up, and the Man that is once come to that Pass, no Wickedness can fall in his Way, but he is a Match for it. To all this he made no other Reply, but he knew nothing at all of the Matter; that he sold the Sword to Hart, and never saw him after he sold it; which is again a Thing absolutely contrary to what he had before declared, viz. That Hart was the Man that gave the Blow, and that for his own Part he was forced into it; that he was forced to assist in the Robbery, Hart running after him with a Knife, and threatning to stab him if he would not go a robbing with him. It is evident, however, here is a barbarous Murder committed, which has been proved upon Youell , as far as the Nature of the Case would bear; and this Proof, backed by the thus violently injured Party's asserting upon Oath, and often declaring Youell to be the Villain that stabbed him. Murder is a Thing so hateful to God, that in the Levitical Law he commands, that if a Beast slay a Man, he must be slain, and his Flesh not eaten. Now if God would have a Beast thus stoned that slays a Man, although he have neither Law nor Reason to guide him, much more those who are worse than Beasts, who having God's Commandment and human Reason to hold them back from Villainy and Barbarity, yet by these Restraints cannot be kept in from violating the Commands of their God, and spoiling the Life of a Man: Besides, they have seen or heard how ill Murderers have always been treated; for Instance only in Cain, what a Curse, what a Brand did God set on him, that he was always a Runagate and a Vagabond, and could find no Rest upon the Earth. And again in the Levitical Law it is declared, that a Land is defiled by Blood, and cannot be made pure, but by the Death of him that was the Murderer. The Manner of Youell 's being taken, or rather surrendring himself came to our Hands, and something very extraordinary which occasioned the publishing of it. Having been charg'd by his Acquaintance as well as others as one of the Persons guilty of the Robbery and Stabbing Captain Johns , he utterly denied it, and thinking to prove his Innocence, determined to surrender himself, and accordingly went to Woodstreet Compter with that intent, but not knowing to whom to address himself, after staying some Time about the Gate, and no body taking Notice of him, he went to the Poultry Compter , staid a considerable Time there, till he was at length observed, and ask'd what he wanted, he reply'd to clear himself, being ask'd of what, he began his Tale, told them he was a Jew , and that he was so often charg'dby his Acquaintance with being guilty of Robbing and Stabbing the Gentleman near Bishopsgate , that he could bear it no longer, and was come resolv'd to prove the Accusation false; the Persons to whom he thus told his plausible Story, not knowing what to do, or how to act in this extraordinary Affair, desired him to walk in, and in the mean Time dispatch'd a Messenger for the Church-Wardens of Bishopsgate, where the unfortunate Gentleman lay dangerously ill of the Wound he had received from the Villains who robbed him; when the Church-wardens came, they examined Youell afresh, and perceiving by his telling the Story, that he must know somewhat of the Matter, notwithstanding his Protestations of Innocency, sent for a proper Officer, and charg'd him on Suspicion, and directly carried him before a worthy Magistrate of this City, who examined him very closely, and by his Answers had so much reason to believe him guilty, that he remanded him into safe Custody, while he went himself to the Dolphin-Inn in Bishopsgate-Street , where Captain Johns lay ill, and telling him the whole Account, desired to know if the Captain could bear the Sight of a Villain who had done him so much Injury, should he prove the same, the Captain reply'd, yes, he could, and should know him again; accordingly Youell was brought, and being placed at the Foot of the Bed, and the Curtains undrawn, the Captain after looking stedfastly on him for some Time, desired him to turn to the Light, which he did, he then bid him slap his Hat, which he likewise did, and lastly, order'd him to say D - n your Eyes! Which he did not care to do, till urged by the Persons present, he uttered it with a faint Voice, but the Company insisting he should do it in his natural Voice, he at length complied, and spoke those words, and the instant he had so done, the Captain said, as I am a dying Man, and have but a few Hours to live, that is the very Villain who stabb'd me. Which words being put into writing, the Captain sign'd them, and in a short Time expired. The Manner of the Robbery's being committed was as follows. Wednesday, Sept. 23d. About Ten at Night, as Capt. Joseph Johns was going Home, he was attacked by two Fellows in Cavendish Court, near Devonshire-Square , Bishopsgate , who knocked him down, and almost cut off his Nose, robbed him of his Watch and two Seals, and then made off, upon which the Captain called out Stop Thief, and immediately one of the Villains return'd, stabb'd him in the Right Breast with a Sword, which went thro' his Body and stuck in his Back Bone and broke. The Captain made shift to get out of the Court, and calling for help was carried to the Dolphin-Inn , when Dr. Hart, Mr. Wathen and another eminent Surgeon were sent for, who examined the Wound, and found part of the Sword covered in his Body, which stuck so fast, that a Man was obliged to pull it out with a pair of Pincers, it measured Nine Inches one quarter. The next Night one John Basden a Constable , with some Watchmen being in pursuit of some Persons suspected to be concerned in this Robbery, was shot into the Body with two Slugs in a dark Passage in Petticoat Lane ; Mr. Richardson, the City Marshall being informed of the above Accident, assembled a number of Watchmen, and surrounded several suspected Houses in and near Petticoat Lane, and had several Pieces fired at him. Nevertheless he secured several suspected Persons, all this Time the poor unfortunate Gentleman lay in the extremest Agony and Torture till Saturday, September 26th, when he expired as above related. At the PLACE of EXECUTION. ABout Nine o'Clock in the Morning, Thomas Puryour , George Lancaster , and Thomas Fuller went in one Cart, and Hosea Youel in another from Newgate to the Place of Execution, attended by Captain Prideaux's Company of the Third Regiment of Guards, commanded by Lieutenant Holt. The three former, when they were come there, having receiv'd the Sacrament in the Morning, read such Prayers as they were directed to do, in all Appearance in a devout Manner to themselves, and afterwards joined in Prayer to God to hear their Cry, and to receive them to his Mercy. Hosea Youel was attended by a Person, who in the Jewish Manner and Language read Service to him for some Time. He frequently calling to the People, desired all young Men to take Care, how they went into Company with others, without knowing what manner of Persons they were; still positively denying the Fact, and declaring he was innocent of the Murder. Lancaster had nothing more to add than the Account given above. Puryour, and Fuller, tho' I put the Question to them more than once, and begg'd of them to remember they were in a short Space of Time going, where they had no more room for Repentance, but that Judgment must proceed against them agreeable to the Condition they left the World in, and that if they lied unto God, the eternal Punishment of the World to come must be their doom, still declared as aforementioned. This is all the Account given by me, JOHN TAYLOR , Ordinary of Newgate .

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THE ORDINARY of NEWGATE his ACCOUNT, Of the Behaviour, Confession, and dying Words of the Malefactors, who were Executed at Tyburn, on Monday the 24th of this Instant March, 1729. BY Virtue of his Majesty's Commission of the Peace, and Oyer and Terminer, and Jail-Delivery of Newgate, at the Sessions held at Justice-Hall in the Old-Baily (before the Right Honourable Sir ROBERT BAYLIS , Knt . Lord Mayor of the City of London ; Mr. Justice Price; Mr. Baron Cummins; Mr. Justice Probyn; Mr. Baron Thompson, Recorder of the City of London; and John Raby , Esq ; Serjeant at Law ; with other his Majesty's Justices of Jail-Delivery, and Oyer and Terminer aforesaid; together with several of his Majesty's Justices of the Peace, for the said City of London, and County of Middlesex) on Wednesday, Thursday, and Friday, being the 26th, 27th, and 28th of February, and Saturday, Monday, and Wednesday, being the 1st, 3d, and 5th of March, 1728-9, in the Second Year of his Majesty's Reign. Fourteen Men, viz. Peter Kelly , John Edmonds , William Lythe , Timothy Cotton , William Marple , Charles Cook , James Mace , Nicholas Dawlin , Robert Blake , Henry Geahogan , John Bowling , William Sparrow George Galley , and James Ferris , and two Women, viz. Mary Dudmash , and Eleanor Oldfield , were Capitally Convicted, and receiv'd Sentence of Death. While under Sentence they were instructed, how that it was necessary for them to reform and amend the Evil of their Ways and Doings; for that all Men being by nature Enemies to God, and consequently. Obnoxious to the Divine Wrath and Vengeance; and they having committed Sins of a more heinous Nature, as the Scripture expressethit; they having corrupted themselves, their spot not having been the Spot of God's Children; and they having been a perverse Generation. Therefore, they were liable to a double degree of Punishment. Then I shew'd them that the only way to escape this terrible and severe Judgment of God, was, to apply themselves with the utmost Vigour and Sincerity, to the great Work of their Souls Salvation, while any short space of Time remain'd, since their Work they had to do, was of the highest Importance, their time very short, and their strength but small, nothing less depending upon the improvement of a few remaining Moments; than the eternal Salvation or Damnation of their Souls, &c. I insisted on the horrid Sin of Murder, from the Prophet Nathan's Application of his Parable to King David, 2. Sam. 7 12. Thou art the Man. I let him see the atrocious Nature of this Sin, how that it was a Breach of the express Law of God, Thou shalt not Kill, or as it is otherwise express'd, Thou shalt do no Murder: I shew'd him the Injustice, the Cruelty, the Inhumanity, the Barbarity of this most atrocious Crime, and that however, secretly Murder might be Committed, yet the vengeance of God always pursu'd the Murderer, so that seldom, if ever, he escap'd exemplary Punishment in this World: Accordingly the first precept God gave to Noah after the Flood was, not to suffer the Murderer to pass unpunished, Gen. 5. 6. Who so sheddeth Man's Blood, by Man shall his Blood be shed; For in the Image of God made he Man. I took occasion to shew that Murdering and taking away the Life of our Neighbour unjustly, was encroaching upon the Divine right of Almighty God, who is the only Sovereign Lord of the Life and Death of his Creatures, Deut. 32. 39. I kill, and I make alive. I reflected upon the hellish Cruelty of such a Sin, as endeavouring, what in him lies at once, to destroy both the Soul and Body forever; if the mercy of God in Jesus Christ prevent it not. I told him how that this Sin, in an especial manner, must certainly excite Hell upon Earth in the Breast of the Sinner, his own conscience like a Legion of Devils, still Racking and Tormenting him, and presenting to his Eyes the Image of the Murder'd Person, so that his Life becomes a Burthen to himself, and like Cain the first Murtherer, Gen 4. 13. His Punishment is greater than he can bear. I exhorted them all to an ingenuous Confession of their Sins, and to that purpose I used many, most pressing Motives and Arguments. I inform'd them how that they were early Dedicated to God in their Baptism, to deny themselves to the World, the Flesh and the Devil, and to Dedicate their Souls and Bodies unto God; and how notoriously they had broken their Baptismal Vows and Engagements, and that therefore they ought now to renew themselves by Repentance, and in token of their sincere Repentance, to receive the Sacrament of the Lord's Supper, as a sure Pledge and Symbol of that everlasting Communion and Fellowship, which blessed Spirits shall have with God in the other World. When these and many such instructions were afforded them; Peter Kelly , John Edmonds , and John Bowling , could not read, but behav'd themselves gravely, and seem'd attentive and serious in Chappel; Timothy Cotton , William Marple , Robert Blake , William Sparrow , George Galley , Mary Dudmash , and Eleanor Oldfield made regular responces in time of Prayer; Charles Cook , James Mace , and Nicholas Dawlin , were miserably Poor, and Cloathed with Rags, and being Sick, they came seldom to Chappel, but when they came, they behav'd themselves decently, as they did also at other Times, when I visited them in the Cells; James Ferris was most of the time Sick, and declar'd himself very Penitent both in Publick and Private; William Lythe never came to Chappel, having been confin'd to a Couch, by reason of a Swelling and violent Distemper in his Feet and Legs, but as I daily visited him in the Cell, he always appear'd very Penitent; Henry Geahogan was sore afflicted with Poverty and Sickness, yet he constantly attended in Chappel with apparent Devotion. Upon Sunday Night, the 16th Instant, William Sparrow and George Galley found Means to break out of the Cells, and make their Escape, by lifting up two Deals in the Floor, and digging through two Brick-walls, upon which the Cells are founded, and then conveying themselves into the new House, not yet inhabited, adjoyning to the Cells, they open'd the Parlour Window and got into the Street, and so went of. Upon Thursday the 20th of March, the Report of the above-named Malefactors under Sentence of Death in Newgate, was made to his Majesty in Council: When James Mace , for breaking the House of Humphry Wood , the 10th of November last, in Company with Charles Cook and Nicholas Dawling , and stealing Money, &c. James Ferris for counterfeiting the current Coin of this Kingdom, &c. in Company with Robert Blake and Henry Geahogen , alias Gorgan , &c. Mary Dudmash , of St. Martins in the Fields , for stealing a Silver Watch, Value 40 s. a Silver Cup, 10 s. a Salt 3 s. a Silver Spoon, 5 s. a Prayer Book, some Pewter, and other Goods, in the Dwelling-house of Richard Potter ; and other Goods the Property of Sarah Cutting ; and Eleanor Oldfield , of St. Brides , for feloniously stealing a Silver Watch, Value 4 l. and a Seal and String, the Goods of Joseph Weston , on the 10th of February last, from the Person of the said Joseph Weston ; Received his Majesty's most gracious Reprieve. The remaining Ten, viz. Peter Kelly , John Edmonds , William Lythe , Timothy Cotton , William Marple , Charles Cook , Nicholas Dawling , Robert Blake , Henry Gehaogan , and John Bowling , were order'd for Execution. Robert Blake , and Henry Geahogan , alias Gorgan , of St. Brides , were indicted for High Treason, in counterfeiting and making 13 Pieces of Money, call'd Shillings, of Copper, Tin, Brass, Pewter, and other mix'd Metals, bearing the Stamp, and made after the Likeness and Similitude of the current Coin of Great Britain, and for making six other Pieces of Money, call'd Six-pences, as aforesaid, and knowing the same to be false, base Money, and Counterfeit, putting off the said Money for the current Coin of Great Britain. Henry Geahogan , 30 Years of Age, of mean Parents, his Father having been a Coachman, left him Young upon the Care of his Mother, who educated him at School, and who, after he had acquir'd some considerable Skill in Writing a fair Hand, commenc'd a Writing-master in the North of Ireland , where (as he said) he got pretty good Business, and liv'd there a considerable Time, retaining the Character and Reputation of an honest, industrious young Man; but either his Business failing, or he loving a travelling Life, and desirous to see the World, went to Foreign Countries, and visited France , Spain , Germany , Holland , and other neighbouring Kingdoms and States of Europe; and as he was in Flanders two or three Years ago, one of his own Countrymen taught him the curious Art of coining Money, which, when he came to England , his Business failing him, he intended to follow and improve his Art and Skill that way. He said, that another Countryman recommended him to Mr. Blake, for being his Usher, and Assistant in teaching young Gentlemen to fence with the small Sword, in which Art both of them profess'd themselves to be great Masters of Skill; But when Mr. Geohagan went to Blake's School near the Temple , not one Schollar appeared, after they had attended for some Days; then Geahogan took himself to his other Business of coining Money, and told Blake what a dextrous Hand he had in casting of fine Pieces, which they might pass for good Coin, and by that Means they might live easily and perhaps acquire Riches, by imposing upon all the rest of Mankind. But that Proposal soon fail'd them. He had been a very wicked Fellow in Drinking, Swearing, Whoring, disobeying his Mother, who had educated him, and many other Vices. He beat and drag'd his old Mother, who was try'd with him for High Treason, and acquitted, very unmercifully, and for doing so he was put and kept in Bridewell a long Time, and by this Imprisonment having lost what little Credit he had before, when he was set at Freedom, he apply'd himself with his Accomplices to the counterfeiting and passing off bad Money, and for that end provided himself in Moulds, Files, Crucibles, and other Materials fit for his wicked Purpose, as appear'd by the Evidence which was given against him. He was miserably Poor, sick, and destitute of Cloathing. He constantly attended in Chappel, behav'd himself Gravely and decently, and profess'd himself Penitent for all his Sins. He was very unwilling to forgive his Prosecutor, and shaking his Head, when that was propos'd to him, at different Times, he said, that he would not do till the last; accordingly, on Saturday before he died, with much Intreaty, I got him freely to forgive all his Enemies. He declar'd, that he believ'd in Christ his only Saviour, repented sincerely of all his Sins, and died in Peace with all the World, and in Communion of the Church of Rome . John Edmonds , of Harrow-on-the-Hill , was indicted for feloniously stealing a black Gelding, Value 4 l. on the 15th Day of February last, the Property of Miles Lewis . John Edmonds , 25 Years of Age, born near Harrow-on-the-Hill , of mean Parents, who were not Capable to give him much Education, liv'd by serving of Gardiners , and Husband-work in the Country. He had been accustomed to pilfering and stealing of small things, but had not committed any great Robbery, excepting the Horse which he stole, and for which he died, and which he did not deny. He was Disobedient to his Parents, and did not keep the School well, was grosly Ignorant, and seldom frequented the Church. He was Silly and Foolish, and spoke like one void of all Sense. I endeavour'd what I could to instruct him, but he was of such a slow and dull Apprehension, that he was scarce capable of understanding any thing at all. He constantly attended in Chapel and appear'd attentive, but was so full of Stupidity, that it could not be expected he could profit much. He declar'd himself Penitent, that he believed in Christ, and died in Peace with all the World. William Lythe , of St. Georges's, Hanover-Square , was indicted for feloniously stealing two Geldings, Value 50 l. on the 23d of January last, the Property of John Sentamore . William Lythe , 45 Years of Age, born in Yorkshire , of honest Parents, who gave him good Education at School, and instructed him in the Principles of Christianity. He was not of any particular Trade, but marrying a Wife, he had some Children, and kept a publick Inn on the Road, and failing in his Business, he was oblig'd to leave his Family and come up to London , where he serv'd for two Years past, till he fell into the sad Misfortune, for which he died. He said, that he never was a lewd Liver, but kept a good Family with his Wife and Children in the Country, read the Word of God, went to Church, and that he had frequently taken the Sacrament; neither was he ever a Thief or Robber, but that he always liv'd in good Character and Reputation. As to the Fact for which he died, he said, that he did not steal the two Horses, but that he own'd that he gave the Key of the Stable to another Person, who had gone off with the Horses, by the Persuasion of two Men. I told him, that he had no Body to blame but himself for his Misfortune, if it was so, but this Account of the Matter seeming improbable, I exhorted him to make a free Confession, and to glorify God by so doing. He would not acknowledge any more, but as I daily visited him in the Cell, (for he was so afflicted with Sickness and Lameness, that he never came to Chapel) he appear'd very Devout, and was very attentive to Prayers and Exhortations. He died Penitent in appearance, believ'd to be sav'd only through the Merits of Jesus Christ, freely forgiving all Injuries done him, as he expected Forgiveness from Almighty God. Peter Kelly , alias Owen , alias Nisbit , of Thomas-street , Drury-Lane , was indicted, for that he not having the fear of God before his Eyes, but being led by the Malice and Instigation of the Devil, did on the 28th of January last, kill and murder Robert Nisbit , with a Razor, giving him a mortal Wound in the Throat, of the length of 10 Inches, and depth of 4 Inches, of which he died. Peter Kelly , alias Owen , alias Nisbit , whose true Name (as he said) was Mackhuen , but to make it, of a smoother Pronunciation, and like to an English Name, he call'd himself Owen or Howen , 40 Years of Age, was born in the North of Ireland , of mean Parents, who gave him no Education at School, so that he could not read or write. When of Age, he was put to a Weaver , and having serv'd out his Time, he married and liv'd for some Time in his own Country, and then he came to London , and follow'd his Business here. He said, that he had always lived honestly, and had never been Thief or Robber; but that otherwise he had been very Profligate in his Life, Whoring, Drinking, and idling away his Time, and neglecting his Business, so that his Wife and Children were forc'd to go a begging, while he went about from House to House, playing upon his two Jews-Harps at once, in doing of which he was very ingenious, and obtruding himself upon all Companies in Ale-houses, and often none of the best, who gave him Drink, and sometimes a little Money for his Musick. As to the Murder of which he was convicted, he was very obstinate in denying it, although the Proof was as clear, as can commonly be obtain'd in Cases of that Nature. I earnestly exhorted him to make a plain Confession, for easing his own Conscience, and to glorify God, by acknowledging Faults. He said, that the deceas'd Mr. Nisbit had been his best Friend in the World, and that he was a very good, honest, charitable Man. He constantly attended in Chapel, and behav'd himself with Gravity and Attention, and never wanted Presence of Mind. He declar'd his Belief of being sav'd only through the Merits of Christ, that he repented of all his Sins, and died in Peace with all the World, and (as he said) in Communion of the Church of Rome . Timothy Cotton , and William Marple , of St. George's Hanover Square , were Indicted for assaulting John Stout on the Highway, putting him in fear, and taking from him a Hat value 2 s. and 6 d. two pounds of Butter, and two pair of Stockings, the Goods of Captain Trever, and a Knife, a Stock and Buckle, 5 s. and 6 d. the Money and Goods of the aforesaid John Stout . William Marple , of Honest respected Parents, who gave him excellent education at School, both in Town and Country, of which he made no good use and improvement. When of Age, he was put to four different Masters and Trades, but stay'd with none of them. He stay'd longest with a Joyner , but before his Time was out, he fancy'd a young Woman and Married her; his Master coming to know this, and other quarrels arising between them, he left him, or was put away. He said, he lov'd his first Wife dearly, and liv'd Honestly with her, and would have continu'd so, if she had liv'd; but she dying in a short Time, he went out of Town, and at a Village near the Town, he contracted familiarity with a young Woman, who had no good Advice to give him, but was willing to let him go upon the most Wicked adventures to purchase Money for her, whom he brought to Town, took Lodgings for her, and liv'd some time with her, although one Rowden was blam'd for first advising him to rob on the High-Way, he said he did it not, he having often committed Robberies on the High-way, before he joyn'd in Partnership with him. He it was with Cotton, who lately rob'd a Gentleman in Marybone-Fields and beat him. He rob'd a Woman not far from that, of a Basket, in which was a Leg of Mutton, which he caus'd to be Roasted next Day for his Dinner, a pound of Butter and some other things, and then he took her Purse, in which he found Seven Shillings, and he struck the Woman because she said she had no Money. He attack'd another Woman, who had nothing. He it was with Cotton, who stopt the Hampstead Coach at the Style, and rob'd the Passengers; and three Gentlemen on Horse-back coming up, who (as he was since inform'd) knew him, he presented and commanded to ride off apace, they thinking that he had order'd them to deliver, they were preparing to give them Money, but he not knowing their intention, swore he would shoot them if they would not ride off, and then they were glad to slip away with all convenient speed. He was lately Imprison'd in Newgate for robbing an old Gentleman of 35 or 36 Guineas, who would not Prosecute Marple, becase a near Relation of the old Mans committed the Robbery with him, and a third Person confederated with them, waited at the Door till they came out, and then they divided the Money equally between them. He robbed also a Gentleman at, or near to Chelsea . He committed a great many other Robberies, and said, that he could tell me of forty of fifty, but knowing that no Body could remember them, he would not trouble the World with any farther Account of that kind. He commended his late Wife for a Virtuous good Woman, as also the young Woman whom he lately Married, and who is still living, and said, that she knew nothing of his wicked courses, and desir'd that no Body might be so unjust, as to impute his crimes to her. He also said, that lew'd Women were his ruin. He own'd, that his Parents (particularly his Mother) were very indulgent to him, but that he never took her advice, which might have prevented his misfortune. He said, that he believ'd he had been Drunk seven times, for he had no pleasure in Drinking, but he was very much addicted to Whoring, Coveteousness, and Idleness; not much to Swearing. He commonly appear'd with too great an Air of indifference, while under Sentence. He declar'd that he believ'd to be Sav'd by the Mercy of God through Christ, that he was sincerely Penitent for his whole most Sinful and wicked Life, and that he died in Peace with all Mankind. Timothy Cotton , near 25 Years of his Age, descended of honest Parents, who gave him good Education at School, and instructed him in the necessary Articles of our Holy Christian Faith. He follow'd the Business of a Poulterer , and sold Fowls up and down the Town, and in the Counry about, and made a good Livelyhood for his Wife and Family that way, neither did he want for any thing needful to a Man in his Circumstances. He said, that the occasion of his going to rob on the Highway, was, his meeting with bad Company, particularly of lewd Women, with whom he spent all his Money, which being gone, he thought the easiest way to get himself Recruited was, to take a Purse from Gentlemen or others, whom he met on the Highway, who were better provided than he, when it cost him little or no pains, or labour; although by that means he lost what was much more Valuable, his Character and a good Conscience, besides the certain loss of Life, whenever he could be Discover'd and Apprehended. He said also, that he never was a pilfering Thief, and that he was but fourteen Days before he was taken up, employ'd in that wicked and unlawful Practice of Highway Robberies, and that he only committed five Robberies, two or three of them in Company with Marple, who had been his old School Fellow and intimate Acquaintance, when both of them were Young. He desir'd me also to take notice, that no Man nor Woman in the World ever advised him, to betake himself to that desperate course of Life, but that it was nothing but the Temptations of the Devil and his own depriv'd Inclinations, which led him Headlong to his Destruction. And he earnestly desir'd, that the World might not reproach his Wife with any of his Villainous enterprizes, of which she was altogether Innocent and Ignorant. He confess'd himself to have been a very great Sinner in Whoring, Drinking, Swearing and Sabbath-breaking: He own'd the Justice of his Sentence according to Law, profess'd his Faith in Christ a sincere Repentance for all his Sins, and declar'd that he died in Peace with all the World. William Marple , said also, that he contracted acquaintance with Edgworth Bess , alias Bess Lyon , Mistress or Wife to the late famous Jack Shepherd , with whom he liv'd for some Time, after the Death of Shepherd, on the other side of the Water. Her he call'd one of the basest, vilest Women in the World, and he told that she put him upon every thing that's wicked and vicious, and that she was a great cause of his Ruin. He own'd also, that he had for a long Time been a pilfering Thief, and that he went out much upon the Sneak. Both of them behav'd decently in Chappel, and declar'd themselves heartily Sorry for their wicked course of Life. They also own'd that they committed the Robbery for which they were convicted, and that their Sentence was very just. Marple said also, that he struck several of them whom he rob'd very severely, but never with any design to Murder, or in such a manner, as to do them much harm. Charles Cook , and Nicholas Dawling , of Hackney , were Indicted for breaking into the Dwelling-House of Humphry Wood , on the 10th of November in the Nigh-time, and taking thence 4 Moidores, a broad Piece, 14 Guineas, 9 Shillings in Silver, and some wearing Apparel, the property of the said Humphry Wood . The Prosecutor depos'd, that the three Prisoners came into the House, all of them in Soldiers Westcoats, each of them with lighted Candles and drawn Swords in their Hands, and Cook swore if he thought that he knew him, he would Kill him, Mrs. Wood and Benjamin Lloyd concur'd with him in swearing the Robbery upon them, and that they tyed them all with Cords, and William Webb , and Mr. Monday confirm'd the latter part of the Evidence. They had little to say in their own Defence, only that they did not commit the Fact, but could produce no Witnesses where they were at the Time, or so much as for their Character. Guilty of Death, Charles Cook , 25 Years of Age, born in Northamptonshire of Honest Parents, who bred him a Blacksmith , which employment he follow'd for some Time, but he not liking to be Confin'd, listed himself a Soldier , and was in the Siege of Gibraltar two Years ago; where and in other Places (as he said) he behav'd himself Honestly and with Approbation. Nicholas Dawling , 27 Years of Age, born in the Country, of mean Parents, who gave him no Education at School. They were both of them ignorant, illiterate Men, and had been wholly sunk in Vice and Sensuality. Cook had been tender-ey'd and weak-sighted, and therefore he could not go to School when he was Young, but when he was at Sea he perfectly recover'd his Sight, and his Eyes turned altogether well. They own'd, that they had been extremely Wicked in Whoring, (although both of them had Wives) Drinking, Swearing, and Blaspheming, and other Vices. They told me, that at the Siege of Gibraltar, Bullets and Shells flew about them like Hail-stones, which did not hurt them. I desir'd them to reflect upon such a signal Preservation, and how Ungrateful they had been to God for their Deliverance; the Truth of this Reflection they own'd. Cook said, that it was Love of Drink, not the Want of any thing needfull, which made them go a thieving. Cook, Dawling, and a third Person joyn'd in Confederacy to break Houses. Cook said they only committed three such Robberies. They were sore afflicted with Sickness, and could not come often to Chapel, but when they came they were very attentive to Prayers and Exhortations, as also when I visited them in the Cells. I endeavour'd what I could to instruct them, but they appear'd to be of a sluggish Nature and slow Understanding, and incapable, in the Case they were then in, of receiving much Instruction, They declar'd, that they believ'd in Christ, were Penitent, and that they died in Peace with all Men. John Bowling , of St. Paul's, Covent-Garden , was indicted for stealing a linnen Bag, 48 Guineas, and 7 l. 16 s. in Silver, in the Dwelling-house of William Fardell , on the 24th of December last, the Property of the said William Fardell . John Bowling , not full 15 Years of Age, of honest but poor Parents. He had little or no Education, had been a very naughty Boy, disobedient to his Parents, and otherwise Wicked and Perverse in many Respects, particularly, in getting himself often Drunk, in Lying and Swearing. He was grosly Ignorant of religious Principles. I endeavour'd to instruct him, but to little Purpose. When he came to Chapel he appear'd to be devout and attentive. Some Days before Execution he was in a high Fever, and could scarce speak, and his Senses were almost gone, When he had any Health, he declar'd that he believ'd in Christ, and to be sav'd through his Merits, that he was Penitent, and that he freely forgave all Injuries done him. He could never, while he was under Sentence, speak much, either for fear of the ignominious Death he was to undergo, or because of his Weakness. He died in almost miserable Condition. At the Place of Execution, THEY all behav'd decently, and (to appearance) as became Penitents. Timothy Cotton , and William Marple , as formerly they had done, desired to let the World know, that their Wives were no ways Accessary to their Villainous Practices. The rest of them said, that they had nothing to add to their former Confessions. N. B. Robert Blake , got his Majesty's most gracious Reprieve, as he was stepping into the Sledge, at the Prison of Newgate . This all the Account given by me, JAMES GUTHRIE , Ordinary of Newgate . London Printed by JOHN APPLEBEE , in Black-Fryers .

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The ORDINARY of NEWGATE his Account of the Behaviour, Confession, and Last Speech of Charles Moor , who was Executed at Tyburn , on Fryday the12th day of September 1707. I Shall not here give the Reader so full an Account of this Man as I hereafter intend, when the other Malefactor, condemn'd with him, shall be out of my Hand. But so much I will now say for the present satisfaction of the Publick, That I found him all along to be a very harden'd Sinner. His Condemnation was for having broke out of Prison, wherein he was confin'd to Work for former Crimes, and for having now robb'd the House of Sir John Buckworth , Bart . all which he could not deny, but he would not discover his Accomplices, nor any thing that might tend to the clearing of his Consecience, and the satisfaction of honest Men. So obstinate he was, That when both my self and other Divines shew'd him the necestity of making a free Confession, he did more and more harden himself against all Admonitions that could be given him. True it is, that in general he acknowledg'd, that he had been a very ill Liver, having broken the Laws of Cod and Man, by doing that which he ought rot to have done, and omitting to do that which he should have done. Further, he came to acknowledge, that he had been guilty of Swearing, Drunkenness, Lewdness, and the Profanation of the Lord's Day, That he had several times wrong'd his Neighbours, and had not thought to amend his Life by former Judgments upon him; and that if he had had Grace, he might have lived very well by his Callings, which were that of a Husbandman, and of a Sailor. He told me, that he had gone several Voyages, tho but Thirty four years of Age, and understood Sea-faring Business as well as most. He likewise told me, That if he had known when he was Tryed, that he should have dyed, he would have had one or two with him for Fancy, for then. he would have made some Discovery of Persons concern'd with him, but now he was resolv'd to make none. Thus he express'd himself, and shew;d how little sensible he was of his approaching Death, seeming rather to be given to jesting, than to entertain those serious Thoughts, which were becoming a Man under his Circumstances. I would advise others by any means not to imitate him in this wicked and desperate Temper, which for ought we know, may now have ended in his Eternal Misery. What end he made, and what he further said, with the Particulars of his Behaviour in Newgate ; I shall, God Willing, give a fuller Account thereof, on Monday next, when I Shall fet out the last Speech of William Elby , alias Dun , who is to be hang'd in Chains to Morrow at Fulham , for the Murther of Nicholas Hatfield , by him committed there, Etc. Friday, 12 Sept. 1707. This is all the present Account that (in this hurry) can be given of this Dying Malefactor, by PAUL LORRAIN , Ordinary . ADVERTISEMENTS. Just Published. A Sermon Preach'd in the Morning at St Dunstan's in the West ; and in the Afternoon (with some Variations at Newgate , on the 2d day of September 1707. being the Fast-day for the Fire of London. By PauLorrain, Ordinary of Newgate, Sold by B. Bragge, at the black Raven in Pater-nofeer-row , 1707. Just published, THE Monthly Miscellany, or Memoirs for the Curious. Occasionaly containing. Divinity and Law. Philosophy Moral, Natural and Experimentals Mathematicks in its several Branches, Physick, Chymistry, Surgery, Anotomy and Botany. Epitome of Books and News impartially done. Lives and Charcters of Famous Persons as well Living as Dead, being the Life of Doctor Sherloch. Letters on several Subjects; with a Diary of material Occurences. History Poetry and Travels. For the Month of July. Sold by J. Morphew near Stationers-Hall Price 6d. where may be had the 7 foregoing, Lives of Prince Lewis of Baden and my Lord Cutts, Mr. Jeremiah White , late Chaplain to Oliver Cromwell and D. Drake. Containing several other curious Miscellaneous Works in sundry Faculties. Just published. THE Diverting Muse, or the Universal Medley, Written by a Society of Merry Gentlemen, for the Entertainment of the Town. The Third Part. Consisting of, A wither'd Whore's Peep into a Looking-glass at Forty. The Riddle. A Morning Observations upon a topping Tavern over a Pint of Canary. A Poem upon Mr Wood, a Derbyshire Gentleman's marrying three of his Children on the same Morning. Wine beyond Love, or a Bottle before Beauty. The London-Bawd. The Maiden-Dream. The ungrateful Mistreis. London: Printed and Sold by B. Bragg at the Raven in Pater-noster-row, 1707. Robert Whitledge living at the Sign of the Bible in Creed-Lane within Ludgate , sells all manner of Bibles and Common Prayer-Books, and other Books well Bound, at a reasonablerate.

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THE Ordinary of NEWGATE his ACCOUNT of the Behaviour, Confessions, and Last Dying Words of the Malefactors that were Executed at Tyburn, on Fryday the 28th of July, 1721. AT the Sessions begun July 12, at Justice Hall in the Old-Bayly, were convicted of Capital Crimes, seven Men and five Women; 6 whereof obtaining His Majesty's Reprieve, the others were order'd for Execution. July 28, viz. J. Winshipp; R. Hunter; G. Post; W. Goslin; M. Clark, and M. Inman. The Sunday preceeding their Execution, I preach'd to Them, and to Others present, from the following Words, If a Man say, I love God, and hateth his Brother, He is a Lyer; For he who loveth not his Brother whom he hath seen, how can he love God whom he hath not seen? (1 Joh. 4. 20.) In speaking to the Words, We endeavour'd to explain, FIRST, What it is to love God? Which the Apostle tells us Ch. 2. v. 3. Namely, To keep his Commandments. And in Those who have neglected so to love God, It is the Compensating, as much as possible, for the badness of their Lives, by their most earnest Repentance, and suing for the favour of Christ. SECONDLY, We considered, What is meant by loving our Brother. as 1st. To be Courteous. 2dly, Also to lay aside all Rancour, Animosities and III-Will. 3dly, To bear with Those who are of different Opinions, and Perswasions with ourselves. 4thly, To benefit our Neighbours when it is in our Powers, and even to incommode ourselves, if a great Advantage thereby will accrue to our Neighbours. And the like. THIRDLY, What is meant by Hating our Brother? viz. The Reverse of what is loving Him. Under which we also considered. The seperating from Civil Society, and inhabiting the High and Publick Ways, in order to ravage, despoil, and prey upon all they met: The breaking in upon all the Restraints of Laws and Rules; and the endeavouring to shake the Peace and Happiness of Mankind, by reversing and confounding all Discipline, and Order among Men. Besides which, we consider'd, the taking away the Life of Man: which may be the following several Ways; (1st.) In Vindication of God's Honour; As Sampson slew those who had met in Dagon's Hall, to deride Jehovah in the Person of Sampson. (2dly,) At the Command of the King in an unjust War, waged to gratify his Ambition. (3dly,) The destroying innocent Women and Children in the same Ship or Castle with Pirates and Rebels, by burning that Castle or Ship with all things in it. (In which three Cases we may presume to think their does not lye any Sin in the Actions of a private Man.) 4thly, Murther committed, and never known by the Committer; As in the Person who throwing a Stone over a Wall, slew an indulgent and well-lov'd Father. (5thly,) Murther accidental, but known at the same time; for which the Jews fled to the Horns of the Altar. (6thly,) The Murther of an Assaulter or Robber, in defence of our own Life. (In which three Cases, the Occasion being Neglect, or Necessity, we may hope they will not be plac'd to our Account at the Last Great Day.) (7thly,) Murther committed in Excess of Passion. (8thly,) Murther with premeditated Malice. (9thly,) Where that malicious Murther has destroy'd a Labouring Man, whose Death has ruin'd a large Family of Children, and caused some of them to perish. (10thly,) We mention'd the Last and blackest Case, where Nature and Kindred should have gain'd Affection, and led to especial Love. Esaiah saith, Can a Woman forget her sucking Child: That she should not have Compassion on the Fruit of her Womb? (Ch. 49. V. 15.) If the Prophet asks this Question in a Jewish Country, we find it in Practice answer'd in a Christian Nation; having Instances frequent and repeated of Mothers who can see their Infants smile in their Faces, and tear 'em to pieces at the same time with their Hands: Who can hear unconcern'd the Cries of their tender Babes, while they are pulling out their Bowels, and bathing in their Blood. To such Actions as these, what can we say? Tell it not in Gath, publish it not in the Streets of Ascalon! lest the Heathens rejoyce; lest the barbarous Nations Triumph! Besides which we mention'd the Murther of a Friend and Acquaintance; the sending an Innocent Person unprepar'd into the other World; to appear before God with all her Sins about her; and without that space which the Law allows a Condemn'd Malefactor. Against such Deeds as these, we need not have recourse to Religion; as Nature itself will loudly here exclaim, O Earth, hide not my Blood. THIRDLY, We consider'd the Apostle's Reason; For he who loveth not his Brother whom he hath seen, how can be love, &c. That tho' we do see God daily in an effectual Way to make us love; as in the Works of Creation, and his hourly Care and Concern for us; yet, the Apostle might well say, we have not seen God; as God in his full Radiance, and caelestial Glory, is not visible by Man. And tho' the seeing our Friends, in our Affairs and Business with them, in a fuller Manner, does generally lead us to dislike them, and to think meanlier of them than if we knew them a little at a distance, as by secret Kindnesses they had done us; yet that is owing to the Infirmity of our Nature, which will not always suffer Intimacy and Respect to continue together. And God is different from Man, as the more we could approach to the Knowledge of him, the more we should admire and love him. LASTLY, Application, to the Persons to dye. As, to turn their former hatred of God into the more intense Love: By true Repentance, by acknowledging their Offences, and by bearing patiently the Dispensations of Providence. Also, to convert their late hatred of Mankind, Preying, Spoiling, Robbing, into Meekness, Charity, Humility: And to endeavour to love even those who had legally accus'd them, and brought them to ignominious Deaths. The Account of the Malefactors before their Deaths. AS the Prisoners condemn'd were carried up to the Chappel twice each Day (where, after the Prayers, I endeavour'd, as I had time, to instruct them by explaining the Word of God) I had an easy Opportunity of Regarding their several Behaviours, which was in the general with Decency and Devotion; nor did they ever absent themselves from the publick Duties; except that George Post , and Mary Inman were for some short time Sick, and rendered incapable of attending the Publick Service in the Chapel. 1. MATTHEW CLARK ) was condemn'd for the Murther of Sarah Goldington on the 27th of May last, at a Place call'd Wilsden-Green . He was about 24 Years of Age, Born at St. Albans , near to which Place he was bred up, and serv'd a Gentleman , in whose Family he might have learn'd a much better Disposition and Temper of Mind, had not his Nature been corruptly bent from the Cradle, and the Dispositions of his Soul forceably leaning to Vice. He said, he was taught very well to Read; but what tended still to the depraving his Mind, was the neglect of Reading, or Hearing the Scripture; but sitting in the Church-Yard with other idle Fellows, during the Time of Divine-Service. But he added, that he preceiv'd his Mind and Inclinations more sensibly inclined to Wickedness, for a Year or two last past; which he now imputed to God's Spirit having left him to himself. For he could not be contented with his old Way of Life, viz. Going to Plough, and driving Carts; but us'd to skulk about Bushy-Heath (near Watford ) intending oftentimes to set upon some Passengers there; that he rob'd on that Heath a Person, of about 45 s. using him cruelly at the same time. What Money he got by ill Means he own'd never did him any Service; but as he was liked well enough, he said, by most of the young Women about, he consumed much Money in trifling Ways upon them. And being acquainted with her he was afterwards about to wed, while he liv'd at Watford , he used to go frequently to that Town and be Merry; till by his perswasions he had induced the young Woman to consent to Marriage; and bringing her up to London , they went to a Goldsmith's to purchase a Ring; but he not having Money enough to pay for it, left her, and pretended he had a Legacy in the Country bequeath'd him of 15 l. which he would receive, and which would at once defray all Expences. Leaving London , he went toward Neesden , and Wilsden - Green, where he had sometime liv'd, he said, he lay about for 2 or 3 Days, intending to rob till he had acquired 15 l. But being alone, tho' he oft made a Resolution to attack the next Person that pass'd, his Heart fail'd, and he durst not attempt it. That he here met the Master of the Ale-House where he did the Murder, who asking him how he came to loiter there in Hay time, offer'd him Work, and hired him for a Servant . But he upon this considering 'twas Hay time, and all Folks from Home, and in particular the Master of the said Ale-House, went thither, and calling for Liquor, fate an Hour, renewing the former Friendship that had been between him and the Maid, and talking over the many Meriments and Frolicks; he having before pretended a Love and Kindness for her. After this, he said, when he was now assured that no one was in the House but they two alone, the Devil put it into his Mind, that he could not possibly rob the House, unless the said Servant-Maid was dispatch'd. Upon which he added, that he privately got a Knife under his Coat, and getting up to kiss her, design'd to cut her Throat; but his Heart misgiving him, he sat down again. A while after he went and kiss'd her again; and then, he said (for which God pardon his Soul) he snatch'd the Knife from his Coat, and cut her Wind-pipe, and went away; but the Knife being very dull she made a noise in the Throat as if she call'd to him, and scrabbled to the Door; he seeing she was not dead return'd, and most barbarously cut her Neck round to the Bone, and then rob'd the House of a little Silver, but was too surpriz'd and shock'd to carry off much, (at mentioning this, this most horrid Mind, and most abandon'd Creature, very severely cry'd, and ask'd, if for him there could be any Mercy from God!) When I enquired farther of the particulars of his Story, he said, that was the whole, and the true Matter of Fact. As for what follow'd afterwards, he told me, he went for London again with the little Money he had got; but being to pass by Tyburn , a sort of Horror and Trembling seiz'd him, nor could he possibly go by it. Returning back he met a Waggon, and the better to prevent Suspicion, undertook to drive it to London . Soon after the Pursuers came up to him, and ask'd him, if any one had pass'd his Waggon who might be suspected of Murther; whereupon he shewing some Confusion, they examin'd him farther, and perceiv'd the Slieve of his Shirt to be Bloody; but he affirm'd that he had met a Soldier, who abusing him, he had fought with him. But the consciousness of his Guilt pressing hard upon him, he soon confest the Truth. He show'd a Concern, (tho' without Cause) that his Father, an honest and industrious Man, going once to see him in Newgate , said, had he been to die for any other Sin, he would have aim'd at saving his Life; but nothing but Blood could attone for Blood. On the Tuesday before his Death, when I urg'd him to prepare for his latter End; he said, he could scarcely be well compos'd, the hanging in Chains was so apt to intrude upon his Thoughts, but that he well deserv'd it he own'd; adding, that he had often remember'd what he us'd to read in the Scripture, viz. That the Bodies of the Wicked should be expos'd to the Beasts of the Field, and to the Fowls of the Air for Meat. Before he dy'd I ask'd him, if he had not had very terrifying and frightful Thoughts, in the Night time especially? He answer'd, that it was not easy to express the Horror of his Soul; that he had frightful Dreams, and dreadful Apprehensions: And how he should meet the murthered Creature at the Last Day, if he had destroy'd her Soul as well as her Body, God only knew! After I had advised him in these Matters, I directed him to prepare for the Reception of the Holy Sacrament, &c. 2. JOHN WINSHIPP ) was convicted of assaulting C. Lowther, Esq; in his Coach, between St. Pancras Church , and the Halfway-House, on the 25th of May last, and taking from him a silver Watch, and a Purse with 10 Guineas. He said he was 22 Years of Age, Born in the Parish of St. Paul Covent Garden ; was put Apprentice to a Carpenter , but was of too roving a Mind to follow that Business, but liv'd as he could, and sometimes drove Coaches in the Streets for a Maintenance. He also said, that tho' he was so very young in an ill Course of Life, he could blame no Person for seducing or leading him aside, tho' the Gangs of Highwaymen he associated with, always courted and caress'd him for his uncommon Agility and Activity of Body, which generally made him the principal Man among them. He said that he was indeed very desirous of Life, and would willingly go to any part of the World, even for the whole remainder of his Days, to avoid the shameful and ignominious Death of a Brute-Beast: But said, that this was not so greatly his Desire for his own Sake, as on the account of an aged Mother he had, whose Grief would end her Days (he being her only Child) if he came to such a dismal End. He deny'd that in all his Robberies, which he own'd had been very numerous for one of his Age, he had never committed Murther: For which Reason he hoped, tho' he had been guilty of all other Sins, God would graciously pardon him. When he was ask'd if he rob'd a Person in a Chaise during Divine Service, who was watering his Horse before the Church Door? He said, he had no Business to confess any thing to any Man, but he suppos'd that Action was the same wherever it was done, and at what time soever. He would by no means own he was guilty of the Robbery he was convicted of; saying he would not discover any Robbers, because no one should be made Evidence against the rest, for that he said, was what took away his Life. But it was no wonder that he should deny his Crime, because he declared when first Condemn'd, that he would confess nothing, nor had any one any Business to ask him any Questions. Being ask'd why he refus'd to go over to Africa, as he had engaged; he affirm'd that 'twas not he, but one Downing, reprieved at the same time, who receiv'd 50 l. of the Duke of Chandois, on condition of going over to the African Settlements. But he said he offer'd his Grace to go, if he would please to procure him any small Commission; he added, he had no occasion to go otherways, having an Uncle in Kingston in Jamaica, who went over a Carpenter and Builder of Ships, and has since, by taking Pirate Vessels with his Privateer Ships, raised his Fortune to 2000 l. and would very gladly receive him in that Island, if his Father, Mother, and Wife, would let him go. 3. GEORGE POST ) of Cork in the Kingdom of Ireland , was condemn'd, for that he (together with R. Hunter) stole out of the Dwelling-House of John Thomas , a Gold-Watch and Chain, silver Cups, Salts, Castors, a Tankard, &c. on the 25th of May last. He was about 24 Years of Age, and not wanting in the Knowledge of the Principles of Religion. He said his Father, a Quarry-Man, was very careful to Educate him in that Honesty which he himself professes, and has always sustain'd their Family. He said also, that he had no occasion to do any ill Deed, having the very best of Masters, who allow'd him sufficiently, and intended to settle him in Business, and whom, he added, he should think it his high Duty to serve and oblige with his Limbs and Life, if his Pardon was obtain'd. He said, the first Step to his Ruin was his being unlawfully familiar with the young Woman who accus'd him; he added, that it was only twice, and that being in Liquor, he was decoy'd and betray'd, nor know where he was, till the ensuing Morning. He said also that he had an assured Hope that God would mercifully accept of his poor, but best Efforts towards Repentance. But afterwards he express'd a great Concern, that his Sickness had render'd him incapable of holding up his Head to Read, and that the violent pains in his Arms and Loyns prevented his thinking on God and Heaven as he us'd to do. 4. ROBERT HUNTER ) was condemn'd also, for taking the aforesaid Goods, with George Post . He was also about 24 Years of Age, Born in Ireland . He had little Thoughts of Dying, having some Assurances to the contrary; yet I cannot say that he at all neglected his Duty on that account, being serious and devout at the Prayers, and attending to the Word of God, when explain'd. But both he and his Acquaintance exclaim'd against one Strickland, as their Ruin. Before he dy'd, when he receiv'd the Holy Sacrament, he was very earnest and fervent in his Devotions. 5. WILLIAM GOSLING ) of Bishopsgate , was convicted of stealing silver Spoons, Candlesticks, Salts, Castors, &c. to the value of 46 l. from Mark Winn , Esq ; on the 22d of May last; for which Offences he appear'd very penitent; but had the unhappiness to be sick and light-headed during this time of Calamity and Distress. 6. MARY INMAN ) late of Hartford , was condemn'd for the Murther of her Female Bastard-Child, at Newington , in an Out-House where she lay, by sitting with her Weight upon it. She was about 35 Years of Age; and since her Husband, a Shoemaker, failed, has gone to Chairing, Haymaking , &c. But before he was forced to fly for Debt, to Holland as she supposed, they and their 2 Sons lived very handsomely and well. She seem'd little concern'd at her Condition; but said the Report was very false of her having murther'd 11 Bastards before. She was out of Order all the time of her Condemnation, which she imputed, she said, to the violent Method of her Delivery. The Account of the Prisoners at their Execution. Robert Hunter , and George Post , gave me each of them a Paper, importing that they were both Protestants, and Born of honest Parents; that this was the first ill Thing they committed of this Kind, but ill Women had led them aside; that they were glad they were from their Friends; hoped all the World would forgive them, and pray for them. Matthew Clarke desired the People might be told, that he own'd he had no ill Will to the young Woman he kill'd, but some Love. That no Body was with him when he rob'd the Man on Bushy-Heath . That be intended to have left the young Woman he was to Marry, but not to have sold her to America, as was said. He hoped all would take warning by him, and would pray for his departing Soul. T. PURNEY, Ordinary and Chaplain. LONDON : Printed and Sold by JOHN APPLEBEE , a little below Bridewell-Bridge , in Black-Fryers .

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THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, OF THOMAS WILFORD , For the Murder of his WIFE , Who was executed at TYBURN On Thursday the Second of JULY, 1752, BEING THE First EXECUTION in the MAYORALTY OF THE Rt. Honourable Robert Alsop , Esq ; LORD-MAYOR of the CITY of LONDON . NUMBER VI. for the said YEAR. LONDON: Printed for, and sold by T. PARKER, in Jewin-street, and C. CORBETT, over-against St. Dunstan's Church, in Fleet-street, the only authorised Printers of the Dying Speeches. M.DCC.LII. [Price Four-pence.] THE ORDINARY of NEWGATES ACCOUNT of the Behaviour, Confession, &c. BY Virtue of the King's Commission of the Peace, Oyer and Terminer, and Jail-Delivery of Newgate, held before the Rt. Hon. ROBERT ALSOP , Esq ; Lord Mayor of the City of London , the Lord Chief Baron PARKER, Sir MICHAEL FOSTER , Knt . Sir THOMAS BIRCH , Knt . RICHARD ADAMS , Esq ; Recorder , and other his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Jail-Delivery of Newgate, holden for the said City, and County of Middlesex, on Thursday the 25th, Friday the 26th, Saturday the 27th, Monday the 29th, and Tuesday the 30th of June, in the 26th Year of his Majesty's Reign, Thomas Wilford was capitally convicted, and received Sentence of Death immediately upon Conviction, according to the Direction of the late Act of Parliament, for better preventing the horrid Crime of Murder. By this Act, made in the twenty-fifth Year of his present Majesty's Reign, it is enacted, That whereas the horrid Crime of Murder has of late been more frequently perpetrated than formerly, and particularly in and near the Metropolis of this Kingdom, contrary to the known Humanity and natural Genius of the British Nation: And whereas it is thereby become necessary that some further Terror and peculiar Mark of Infamy be added to the Punishment of Death, now by Law inflicted on such as shall be guilty of the said heinous Offence; that, from and after the first Day of Easter Term, in the Year of our Lord 1752, all Personswho shall be found guilty of wilful Murder, be executed according to Law, on the Day next but one after Sentence pass'd, unless the same shall happen on the Lord's Day, commonly called Sunday; and in that Case, on the Monday following. And also, that the Body of such Murderer, so convicted, shall, if such Conviction and Execution shall be in the County of Middlesex, or within the City of London, or the Liberties thereof, be immediately conveyed by the Sheriff or Sheriffs, his or their Deputy or Deputies, and his or their Officers, to the Hall of the Surgeons Company, or such other Place as the said Company shall appoint for this Purpose, and be delivered to such Person as the said Company shall depute or appoint; who shall give to the Sheriff or Sheriffs, his or their Deputy or Deputies, a Receipt for the same; and the Body so delivered to the said Company of Surgeons shall be dissected and anatomized by the said Surgeons, or such Persons as they shall appoint for that Purpose: And in Case such Conviction or Execution shall happen to be in any other County, or other Place in Great-Britain, then the Judge, or Justice of Assize, or other proper Judge, shall award the Sentence to be put in Execution the next Day but one after such Conviction, and the Body of such Murderer shall in like Manner be delivered by the Sheriff, or his Deputy, and his Officers, to such Surgeon, as such Judge, or Justice, shall direct, for the Purpose aforesaid. It is likewise further enacted, that Sentence shall be pronounced in open Court, immediately after the Conviction of such Murderer, and before the Court shall proceed to any other Business, unless the Court shall see reasonable Cause for postponing the same; in which Sentence shall be expressed, not only the usual Judgment of Death, but also the Time appointed for the Execution thereof, and the Marks of Infamy hereby directed for such Offenders, in order to impress a just Horror in the Mind of such Offender, and on the Minds of such as shall be present, of the heinous Crime of Murder. And after Sentence is pronounced, it shall be in the Power of any such Judge, or Justice, to appoint the Body of any such Criminal to be hung in Chains; but that in no Case whatsoever, the Body of any Murderer shall be suffered to be buried, unless after such Body shall have been dissected and anatomized. And from and after such Conviction, and Judgment given thereupon, the Jailor, or Keeper, to whom such Criminal shall be delivered for safe Custody, shall confine such Prisoner to some Cell, or other proper and safe Place within the Prison, separate and apart from the other Prisoners; and no Person whatsoever, except the Jailor, or Keeper, or his Servants, shall have Access to such Prisoner, without Licence first obtained for that Purpose. It is also further enacted, that after Sentence passed as aforesaid, and until the Execution thereof, such Offender shall be fed with Bread and Water only, and with no other Food or Liquor whatsoever. All which Directions and Regulations, ordained in the aforesaid Act, were punctually observed in the Case ofthe unhappy Criminal, Thomas Wilford , of whom we shall proceed to give an Account, after taking Notice, that by the afore-mentioned Law it is made Felony, without Benefit of Clergy, for any Person who shall rescue, or attempt to rescue, or set at Liberty, any Person who shall be committed for, or found guilty of Murder. And whoever shall, by Force, rescue, or attempt to rescue the Body of such Offender, from the Company of Surgeons, their Officers, or Servants, or from the House of any Surgeon, shall be liable to be transported to some of his Majesty's Colonies in America, for the Term of seven Years. The Behaviour of this unfortunate Youth ever since Conviction, and indeed before, has been such as shewed that he had a deep Sense of the great Wickedness he had been guilty of, and of the Danger of his Soul's Safety in a future State, having so grievously transgressed against the Commandments of the Lord his God. Being thus convicted, as aforesaid, the last Day of the Sessions, Mr. Recorder proceeded to pronounce Sentence in a most solemn Manner, as the aforesaid Act of Parliament directs; viz. That he must be executed on the second Day after Conviction; which was done accordingly on the second Day of this Instant, at the common Place of Execution. Thomas Wilford was just arrived to the seventeenth Year of his Age, being born in Bishopsgate-Street . His Parents were not in Circumstances to bring him up, and give him Education of themselves; and being born only with one Hand, he was not fit to follow any Trade, so they procured him to be taken Care of in the Workhouse , belonging to Fulham Parish, and sent him thither when he was about six Years of Age. He was admitted there in Right of his Grandfather, he says, who served his Time at Fulham, as did also his Father to his Grandfather. And no other legal Settlement having been gained by either of them any where else, was, upon proper Application made, with Respect to his Parents Inability to support him, sent there, as the Law directs, to be provided for. Being admitted there, he was put to School, and as he grew to be stronger, and able to be useful in some Sort, he was put to fetch Water for the Use of the Workhouse, and was used to run of Errands for the House, and for Gentlemen, and others about the Town. By these Means he was kept from Idleness, and got some Pence now and then, and always bore the Character of a quiet, inoffensive, honest Lad, till his Acquaintance with the Woman whom he murdered, when he began to err from the strait Paths, which before he had been taught to walk in. About six Months ago, he says, the deceased Woman, Sarah Williams , his Wife , was taken into the said Workhouse, being passed thither from the Parish of St. Giles's in the Fields ; to which Parish she was obliged to apply for Relief, having contracted the foul Disease, by the vicious Course of Life which she then followed, being one of the lewdest Women in that Quarter of the Town, tho' very young. It was in the said Workhouse that the unhappy Sufferer, Thomas Wilford , renewed his Acquaintance with her, they having been Neighbours Children, and intimate from their Youth: They immediately, upon this second Meeting, conceived a strong Fancy for each other, and delighted much in being in each others Company, for which they found frequent Opportunities. This Intimacy increasing every Day, about a Month ago, he says, they agreed to take each others Word for a while, 'till an Opportunity presented that they might marry. And their Intimacy was now grown such, that he could no longer withstand her frequent Solicitations to Matrimony; his own Passions inclined him to it, and the Day was fixed. At length the fatal Day, as it proved to them both, was come, when they resolved to leave the Workhouse, and to go and be married, and set themselves out in the World. This unhappy Youth had, during the eleven Years of his being in the Workhouse, saved up twelve Shillings, out of the several Half-pence and Pence which he had got by his Labour. And going to acquaint the Overseers with his and the deceased Sarah Williams 's Intentions of leaving the House, and entering into Matrimony, they, in order to encourage this young Couple, and understanding that the Woman had been used to deal in Fruit, Fish, &c. advanced 40 s. with which Wilford and the Deceased purpoposed to buy Things in the Markets, and to go about the Streets to sell again, and turn a Penny for an honest Livelihood. Accordingly they set out for London , and came into Dyot-street , St. Giles's , on the 20th of May last, where they took Lodgings, went to the Fleet , and were there made to believe they were Man and Wife. So they lived together for four Days, as the Landlord of the House they lodged at reported upon the Trial, in Agreement and Harmony; 'till the unlucky Night came, that she went Abroad, and staid longer than his Patience and Fondness could well bear with. They were at the Fleet on the Wednesday, and on the Sunday Evening about eight o'Clock his new Wife took it into her Head to go Abroad, and staid 'till past the Hour of twelve. After she came Home, they sat for some Time in the Landlord's Room below Stairs before they went up to their own Lodging, in order to go to Bed; during which Time no outward Marks of Dissatisfaction appeared, and if any then subsisted, they were at present disguised. They took their Leave, and went up Stairs together; when, having fastened the Door, he began to enquire where she had been. She answered him not to his Satisfaction, but only said she had been in the Park. As she gave him no Particulars, his Jealousy kindled, and Words arose; which still growing upon them, their Tempers were become almost implacable. They sat down each in a Chair at a Distance from each other, still provoking one the other with reproachful Words. His Passion was thus so irritated, that he took a small clasp Knife in his Hand, and resolved to destroy her. He went towards her, and she rising from her Seat, met him, and there was a Struggle between them, he says, for a little while. At length he threw her down, upon which she struggled, and cried out; but he kept her down with his Stump-Arm,and with the other (which, if it had pleased God, he had better have been without) having a Knife in his Hand, he cut her, as she lay on the Floor, on the left Side of the Neck, and continued cutting 'till she moved no more; which, he says, was a considerable Time: He can't pretend to say how long; but it was so long, as 'till he had cut more than half round the Circumference of her Neck. When he had done this horrid Deed, and found she moved no more, he threw the Knife into the Window of the Room, and, opening the Door, was going down Stairs; not, he says, to make an Escape, but with Design to tell the Landlord what he had done. But the Woman who lay in the next Room, hearing him, called out, Who's there? to which he answered, 'Tis I: I have murdered my poor Wife, whom I loved as dearly as my Life. The Woman ran down Stairs into the Landlord's Bed-room to acquaint him with the sad Story; and Wilford was there almost as soon as she. He did not in the least endeavour to screen what he had done, but said, he had murdered her whom he best loved in the World, and was willing to die for it. The Landlord fetched a Constable, who, taking him immediately into Custody, carried him the next Morning to Justice Fielding, who committed him to Newgate . Ever since he has been confined he has kept himself retired, as well as the Nature of the Place would admit, from all Company, and spent his Time continually in reading such good Books as were put in his Hands, to teach him, and give him a thorough Insight into the horrid and detestable Nature of his Crime. On Thursday the 25th ult. the first Day of the Sessions, he was called down before the Court, and pleaded Guilty, but was then set aside to another Day. On Tuesday the 30th ult. he was again called down, and arraigned for the Murder of his Wife; to which he again pleaded Guilty: But the Court advising him to consider what he meant by such a Plea, that Conviction must necessarily ensue, his Resolution failed him, and, as he afterwards told me, he changed his Plea to Not guilty, that the whole iniquitous Transaction might be exposed to the World, and that he might be put to as much Ignominy and Shame here as possibly might be: And he stood the Trial under the utmost apparent Horrors and Tremblings, not so much arising from the Thoughts of what he should suffer in Consequence of it, but from a Fear how he might appear at the Bar of the last great Tribunal. He did not in the least endeavour to palliate or excuse this wicked Deed, aggravated with the Circumstance of taking her off in the Midst of her Wickedness, but by his Silence and Tears consented to the Truth of the Evidence and Charge laid against him. His Behaviour herein seemed to move every compassionate Breast to pity his miserable Condition; and since the Fact was so flagrant as to admit of no other Verdict from the Jury, than that he was guilty of the Murder, Sentence was passed upon him, agreeable to the late Act of Parliament, in a most pathetick Manner, in Words to this Effect; viz. That he must go from the Bar to thePlace from whence he came, and from thence to the Place of Execution, on the second Day after, there to be hanged by the Neck till he was dead, his Body not to be buried, but dissected and anatomized. After Sentence he was taken from the Bar weeping, and in great Agonies, lamenting his sad Fate, and carried up to his Cell; where he was kept as the Act of Parliament further directed, upon Bread and Water, close locked up, without having any Body admitted to see him; nor was ever let out, but to Prayers, till the Day he suffered. He continued to confess the Fact in all its horrid and barbarous Circumstances, and said, he longed to die for it, forfeiting his Life willingly, to make what Satisfaction he could here; and hoping that his penitent Tears, flowing from Remorse of Conscience, together with his sincere Prayers to God for Forgiveness, might render him an Object of divine Compassion, when he came to appear before the great Judge of himself and all Mankind. Murder, of all Crimes under the Sun, he said, he was sensible was a most horrid and barbarous Cruelty, detested by all good Men, and most abominate in the Sight of God: And he said that his, above all, was the worst of Murders, committed upon one, whom it was then his Duty to do all that lay in his Power to serve. But Jealousy, the worst of Madness, assisted by the Raging of strong Drink, prompted him to do an Act, for which he could suffer ten Thousand Deaths here, were it possible, if his Remorse, and Sorrow for it, might but at length procure him Pardon for such a Piece of most atrocious Barbarity hereafter; and God might be propitious to him, thro' his Promises in Christ Jesus, to penitent Sinners; and he hoped for it no otherwise, than as his Repentance might appear in the Sight of God to be hearty and sincere. Thus, under these Circumstances and Considerations, he earnestly desired to receive the Sacrament, which he accordingly did on the Morning before he went out to he executed. As the Crime for which this unhappy Wretch suffered, that of Murder, is one of the most heinous, and lately become frequent in and about this great City, it may not be amiss in this Place to expatiate on the Nature of this horrid Guilt, and the dreadful Consequences attending it both in this World and the next. IT is very remarkable, that though many Crimes escape Punishment, by the Criminal's either evading or getting out of the Reach of Justice, yet the Divine Vengeance constantly pursues, and generally overtakes the detestable and unnatural Crime of Murder, however privily committed, or in whatsoever Manner sought to be concealed. And such great and particular Abhorrence has God always manifested against this dreadful Sin, that long before the Promulgation of the Law of Moses, even so early as the Time when Noah and his Sons quitted the Ark to replenish the Earth, it was expressly declared to them, as a special Injunction from the Almighty himself, enforced by a Delivery from his own Mouth, that at the Hand of Man, atthe Hand of every Man's Brother, will be require the Life of Man. And whose sheddeth Man's Blood, by Man shall his Blood be shed; for in the Image of God made he Man. Gen. ix. 5, 6. And moreover, when the Law was given, it was expressly anounced by Moses, that the Murderer should surely be put to Death. And that the Revengers of Blood should stay the Murderer, when he met with him he should slay him. Numb. xxv. 18, 19. Now although the Heathens had not any Knowledge of the Law, or Light of the Gospel to walk by, but were as the Apostle St. Paul says, a Law unto themselves, yet such was their Detestation of this horrid Crime, and so true a Notion had they of its being punished by Divine Power, that when they saw the Viper hanging on the Apostle's Hand, they said among themselves, No doubt but this Man is a Murderer, whom though he bath escaped the Sea, yet Vengeance suffereth not to live. Acts xxviii. 4. And indeed, very few Instances can be met with, either in Sacred or Prophane History, of any who have been guilty of this Crime, escaping the Punishment of the Law inflicted by all Nations thereon, or evading with their utmost Artifices, the Pursuit of Divine Justice. Many are the Incitements that Satan makes use of, to induce unhappy Mortals to the Perpetration of this abominable Crime; but few or none are more productive of this Evil than Jealousy, of which Thomas Wilford is an unhappy Instance. For neither the Fear of God, the Dictates of Humanity, the Laws of Society, nor even Love itself, could prevent his making his unfortunate Wife a Victim to the Rage of that Passion. - But in what aggravating Circumstances of Horror must that Man remain in, who gave the first Occasion for exciting such a devouring Flame in Wilford's Bosom? Certainly, if he has any Conciousness, he cannot forbear thinking himself nearly as much guilty of the Woman's Blood, as tho' he had been accessary to the very Fact. Neither can he be thoroughly certified, that both their Lives will not be laid to his Charge hereafter. That Wilford loved his Wife, whether or not she conceived the same for him, is beyond Dispute; he declaring it to his last Moment, and readily giving his Life for an Atonement, if such could be made, for having taken away her's. And tho' that infernal Fiend Jealousy so overcame his Reason, as not to permit him enjoying that Happiness with his Wife in this World that he expected, yet his Love was so ardent as to make him desire no longer to survive her, than what was sufficient to manifest his deep Contrition for the Sin he had committed, and make Satisfaction to the Law, that he had so unhappily pulled down on his own Head. The disastrous and untimely End of this young Couple, whose Bridal Bed may properly be said to have been hung with the Curtains of Death, ought to be a lasting Warning to all wicked, profligate and debauched Men, how they ever attempt to violate the State of Matrimony, or give Occasion for Jealousy to a Husband, either by Word or Action. It should likewise afford aCaution to all Persons how they mispend the Sabbath in Rioting and Drink. For had not the Blood of Wilford been inflamed by strong Liquors, it is very probable he could never have had the Inhumanity to perpetrate such a barbarous Act, and in so cruel a Manner. Had he had any Regard to the Duties required on the Sabbath, and attended Divine Service at the Parish-Church where he lived, it is very likely God would have assisted him with Grace sufficient to withstand that Temptation of the Devil which he after fell into that Night, and was not able to resist. Or when Church was over, had he spent his Time (as he could read) in perusing some godly Book, instead of rambling in the Fields, and resorting to Drinking-Houses, it is very probable his Mind would thereby have been settled in such a State of Composure, as to be able to withstand any Provocation from his Wife, without resenting it in that diabolical Manner which he made Use of. Certainly it cannot fail being a Matter of great Concern to every rationable Creature, that has the least Sense of his Duty, to see the Fields and Alehouses crowded with such Numbers of People on the Sabbath Day, while the Churches are left more than half empty: And we cannot forbear admiring the great Mercy of God, in preserving so many of those unthinking and undevour Creatures, who neglect and contemn his Worship, from falling into the like Temptation and Sin, as the unhappy young Fellow of whom I am writing. Sabbath-breaking, and the Company of lewd Women, have been generally acknowledged by most of those unhappy Creatures that have come to the Gallows, as the principal Causes of bringing them thither: And it is no Wonder to see God give those up to their own Lusts, which induces them to every Vice, who deny paying him any Respect as their Creator, Protector, and Redeemer. Certainly it might be thought, that the six Days of the Week afford sufficient Leisure and Opportunity, even for the most laborious, to indulge themselves in Recreation, Diversion, or Amusement, without trespassing upon their Maker, by a wrong Application of the seventh, which he has so peculiarly enjoined to be devoted to his Service. And as even the best Morals are not able to secure us from falling, without the Assistance of divine Grace, so the Neglect of the Duty of publick Prayer, and joining with the Church to implore that inestimable Blessing, on the Day particularly set apart for such Purpose, amy be looked upon as the chief Occasion of the many Vices they fall into. And as this Age is acknowledged to be much more immoral and wicked than the last, the Profanation of the Sabbath being become almost general, amongst all Ranks and Degrees of People, so it need not occasion any Wonder, that Murders and other Acts of Violence, are more frequently committed than formerly. To put an entire Stop to such notorious Evil, is, perhaps, beyond the Power of human Skill; but the giving a Check thereunto, by stigmatizing the Offenders with the greatest Marks of Infamy, the making the Punishment of those convicted of Murder more remarkably exemplary than that for anyother Crime, in order to impress a due Horror thereof in the Minds of the People; and even denying such Malefactors the Privilege of Christian Burial, till after their Bodies have been diffected or anatomized, is certainly very meritorious in the Legislature: They have thereby shewn, they are willing to do all in their Power towards putting a Stop to this growing Evil, by extending the Laws to the utmost Stretch of Rigour that Humanity can allow; least that the Earth should again be filled with Violence, and the crying Sin of Murder provoke Almighty God to hasten the Dissolution of this World, as it is thought, by the learned, to have occasioned the Destruction of that which existed before the Flood; When God saw that the Wickedness of Man was great in the Earth, and that every Imagination of the Thoughts of his Heart was only Evil continually, it repented the Lord that he had made Man on the Earth, and it grieved him at his Heart. Gen. vi. 5, 6. So great was the Corruption of the Antidiluvian World. And as the present Age appears too manifestly encreasing in Vice and Impiety, have we not the greatest Reason to dread, that our Sins should occasion our great Creator to repent him of his long Forbearance, and thereby suddenly bring down that divine Vengeance on our Heads, which has been laid in Store for the Wicked, ever since the Foundation of the World. Though the heinous Sin of Murder is of late become so very frequent in England, yet certainly this Crime is rather of foreign Importation than of British Growth. The Italians, the Spaniards, and several other Nations on the Continent, have, Time out of Mind, been remarkable for their Poisonings, and Butcheries, while the Honour of the English Nation remained unfullied with any such Vice, and shone, evidently distinguished from the rest, by the Splendour of the British Humanity, for which our Ancestors were as remarkably famous, as for the Prowess of their Arms. And it is generally observed, that all brave Men abhor Cruelty, even towards their most inveterate Enemies. But through whatever Inlet the terrible Sin of Murder has crept upon us, we hope, from the Virtue of our own Magistrates, and by a due Enforcement and Execution of the Laws in Being, particularly that before recited, to see it speedily eradicated from out of this Nation; and that every Individual will be brought to think of this Crime, with the utmost Horror and Detestation, as knowing it is expressly declared in holy Writ, that Murderers shall have their Part in the Lake which burneth with Fire and Brimstone; which is the second Death. Rev. xxi. 8. And this is no otherwise to be prevented, but by the most sincere, hearty, and unfeigned Repentance, which God, of his great Mercy, grant to all such as at present are, or hereafter shall be found guilty of this deep and deadly Sin. At the Place of EXECUTION. ON Thursday, the second Instant, about Eight o'Clock in the Morning, Thomas Wilford was carried in a Cart to Tyburn , amidst a numerous Multitude of Spectators. His Behaviour all the Way, and at the Place of Execution, moved the Compassion of the Beholders. After a while spent in Prayer, which he attended to very devoutly, and joined in very fervently, he begged of all People to take Warning by his sad Fate, and to pray for his poor Soul, and then the Cart drew from under him, and he was turned off, calling on the Lord Jesus to receive his Soul. When he had hung till he was dead, his Body was cut down, and put into a Coach, which carried it to Surgeon's Hall in the Old-Bailey , where, 'tis said, it was dissected on Friday last. This is all the Account given by me, JOHN TAYLOR , Ordinary of Newgate .

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THE Ordinary of NEWGATE HIS ACCOUNT OF The Behaviour, Confessions, and Last Speeches of the Malefactors that were Executed at TYBURN on Wednesday the 22d of June, 1715. AT the general Sessions held at Justice-Hall in the Old-Baily , on Thursday, Friday, and Saturday, the 2d, 3d, and 4th Days of this instant June, Twelve Persons, viz. Eleven Men and One Woman, that were Try'd for, and Convicted of diverse Capital Crimes, and by their Jury brought in Guilty, receiv'd Sentence of Death accordingly. Of these the Woman (who was found to be pregnant) and Six of the Men, having obtain'd a gracious Reprieve (which I wish they may rightly improve) the other ive, together with Shadrach Guy formerly condemn'd, are now order'd for Execution. While they lay under this Condemnation, I constantly visited them; and having them brought up to the Chapel of Newgate twice every Day, I there pray'd with them, and read and open'd the Scripture to them, in order to the informing their dull Understandings, awakening their drouzy Consciences, enlightening their dark Minds, changing the Affections of their wicked Hearts, and turning them unto the Lord, whose Sacred Word, which (being ingrafted by the Holy Spirit, is able to save Men's Souls, as the Apostle expresses it, Jam. 1. 21.) I endeavour'd to apply to, and fix on them. On Whitsunday, the 5th instant, I preach'd to the Condemn'd Persons and others there present, both in the Morning and Afternoon, upon part of the Scripture appointed to be read for the Epistle for that Day, viz. Acts Ch. 2. the 1st, 2d, 3d, and 4th Verses, the Words being these: And when the Day of Pentecost was fully come, they were all with one accord in one place. And suddenly there came a Sound from Heaven as of a rushing mighty Wind, and it filled all the House where they were sitting. And there appear'd unto them Cloven Tongues, like as of Fire, and it sate upon each of them. And they were all filled with the Holy Ghost, and began to speak with other Tongues, as the Spirit gave them utterance. In my Explication of which Words I observ'd this following Method. First, I shew'd, that by the Figure of Cloven Tongues that sate upon each of the Apostles, is signified, 1st, The Light, which they then receiv'd, and were to impart both to the Jews and Gentiles, i.e. to all the People and Nations of the World. 2dly, The fervent Heat and Zeal, the supernatural Strength and Courage wherewith the Apostles were endu'd by the Holy Ghost, so as to be enabled (in a moment) effectually, and with wonderful Success, to Preach CHRIST and the Power of his Resurrection. 3dly, The speedy Spreading of the Gospel through the whole World, carrying all before it, and prevailing over all Prejudice, Ignorance, Error, Malice, and Wickedness. 4thly, The Purity and Holiness both of Life and Doctrine, which the Apostles then did, and all true Ministers of CHRIST do appear with in the World. These Particulars I illustrated, by shewing, That as the Properties of Fire are, 1st, To Melt that which is Hard: 2dly, To Heat that which is Cold: 3dly, To Enlighten that which is Dark: 4thly, To Harden that which is Soft: 5thly, To Cleanse that which is Impure: 6thly, To Ascend upwards: And 7thly, To Encrease and Multiply, when dispers'd: So the Properties of the Spirit are, 1st, To Soften our Hard Hearts. 2dly, To Heat our Cold Devotions. 3dly, To Enlighten our Dark Understandings. 4thly, To Strengthen our Weaknesses and Infirmities. 5thly, To Try and Cleanse the Impurities of our Souls. 6thly, To make our Thoughts and Desires to Ascend upwards, and fix on those things which are above. And lastly, To Encrease and Multiply the Gifts of Grace in us. Secondly, I proceeded to, and enlarg'd upon, this Argument (arising from the Premises) viz. That seeing the Christian Religion was Establish'd and Confirm'd by such stupendious Miracles as were wrought by Christ Himself, and His Apostles, Men are inexcusable who will not demonstrate their Belief by a strict Obedience to the Divine Precepts of it. Lastly, I concluded all (for the present) with this Admonition to my Auditory, and particularly to the Condemn'd Prisoners, viz. That they would seriously examin themselves in this Matter, duly considering, Whether their Lives had been conformable to those Precepts; and it not take effectual care speedily to amend whatever they should find they had done amis that they might die in a better state than that which they had liv'd in, and by exerting such Acts of Faith and Repentance as might restore them to GOD's Image and Favour, prevent their Eternal Damnation, and obtain the Salvation of GOD, through the alone Merits of JESUS CHRIST our Lord. Again, on Trinity-Sunday, the 12th instant, I likewise preach'd to them both in the Morning and Afternoon, and took my Text out of the Gospel appointed for that Day, viz. St. Joh iii. 3. JESUS answer'd and said unto him. Verily, verily I say unto thee, Except a Man be born again, he cannot see the Kingdom of God. From these Words, first explain'd in general with their Context, I then endeavour'd to shew in particular, I. What it is to be born again, II. What is here meant by the Kingdom of God, and the Seeing of it. III. How much it concerns every one earnestly to labour after Regeneration, or the New Birth, mention'd in the Text, because without it, it is impossible for Men to see the Kingdom of God; i. e. to be admitted either into his Kingdom of Grace in this World, or to the blessed Enjoyment of his Kingdom of Glory in the next. IV. How an old Habit of Sin, to which unthinking Carnal Men Insensibly arrive by degrees, is directly opposite to this New Birth, and consequently a perfect Hindrance to the Attainment both of the Kingdom of Grace here, and the Kingdom of Glory hereafter. V. ult. What effectual Means Men may and ought to use for their being Renew'd and Born again, so as to be enabled to recover themselves out of those Sins into which they have unhappily fall'n, and by such a Recovery escape the dreadful Punishment they had deserv'd, and regain both the Favour of God they had forfeited, and his Kingdom of Grace and Glory, which they had lost. And on the last Lord's Day, the 19th instant, I likewise preach'd to them gain on part of the Gospel appointed for that Day, viz. Luk 16. 23, 24. And in Hell he lift up his Eyes being in Torments, and sees Abraham afar off, and Lazarus in his Bosom. And he cry'd and said, Father Abraham, have Mercy on me, and send Lazarus, that he may dip the tip of his Finger in Water, and cool my Tongue, for I am tormented in this Flame. From which Words, first explain'd (with their Context) in general, I shew'd in particular, I. That the Soul is capable of an Existence separate from the Body. II. That when the Souls of good Men, and true Penitents, depart from their Bodies, they immediately pass into a State of Blessedness. III. and lastly, That the Souls of wicked Men and impenitent Sinners, do at the Departure out of their Bodies, presently fall into a State of Misery. On these Points I discours'd, and for a further Illustration of them, enlarg'd upon these Particulars. 1st, The dreadful Torments of the Damned in Hell, who (like the Rich-man in the Parable, of which the Text is a part) cannot obtain so much as a Drop of Water to ease and cool their burning Thirst. 2dly, The Happiness of the Blessed in Heaven, who (after the Miseries of this present Life are over) enjoy perpetual Rest and Felicity in the Bosom of God their Heavenly Father. 3dly, The Certainty and Eternity of both thse, viz. the Punishment of the Wicked, and the Reward of the Righteous, i. e. the true Penitents Having enlarg'd upon these Heads and Particulars, I concluded at this, as at other times before, with such pathetick and pressing Exhortations to the Condemn'd Persons as I thought most proper and conducive to the begetting in them a true Sense and sincere Repentance of their Sins, together with a Spirit of Love both to GOD and their Neighbour, and a due Concern for their own Souls. And here, that I might (if possible) be the happy Instrument of rescuing them out of their Spiritual Slavery, even from under the Dominion of Sin and Satan, I shew'd them the necessity of using their utmost Endeavours to redeem the Time they had mispent, to grieve for their Sins, to humble themselves before God, to cry unto Him for Pardon, and to implore his Grace, that by the Power of it they might recover themselves, and be brought out of the great Danger they were in of dying in their Sins, into the happy state of being made alive unto GOD, who alone was able and willing to make such a blessed Change in them, as to turn their Temporal Shameful Death (which was approaching and terrible) in this World, into an Eternal Life of Immortal Glory and all Blissful Enjoyment in the next When I had them under Examination in private, I severally admonish'd them, and apply'd my self with plain Instructions and earnest Exhorta tions to them, according to their respective Capacities and Circumstances (discover'd by themselves to me, and by me in them) then such of them as were appointed for Death gave me the following Accounts both of their past Lives and present Dispositions. 1. John Irish , condemn'd for breaking the House of John Bateman , Esq ; and taking thence 18 Pewter Dishes, 4 Plates, and other Goods, on the 27th of April last. He said, he was above 70 Years of Age, born at Havant in Hampshire ; That he formerly follow'd Husbandry , and rented a Farm of 200 a Year, at Apoledrum , near Chichester in Sussex ; That he liv'd very well by it for 7 Years together; but then being too busy in the Rebellion in the West, Anno 1685, he was turn'd out of it by his Landlord. After this, he employ'd himself in going about to sell Fish and Fowl , both in London and in the Country; and by that got his Livelihood for these 20 Years past. As to the Fact that brought him under this Condemnation, he said, he did not commit it himself, but own'd, that he bought the Pewter of the Thief. He would fain have pretended that he never was guilty of any other Thing illegal; but when I put him in mind, that he had been in Newgate before, and (to the best of my Remembrance) burnt in the Hand, he could not deny it, but confess'd he had been a great Sinner, and pray'd GOD, and the Persons he had wrong'd to forgive him. 2. Henry Cockale , condemn'd for 2 Burglaries, viz. 1st, for breaking the House of Mr. Thomas Man , and stealing thence 8 Stone of Beef, on the 19 of May last. And 2dly, for breaking the House of Mr. Francis Roberts , and stealing thence 17 Cheeses, on the 31st of the same Month. He said, he was 24 Years of Age, born in Wheeler's-street in Spittlefields ; That for a time he follow'd the Silk-weaver's Trade , which he had learnt; but wanting Work, went to Sea , and serv'd 3 Years in the Newport, a 6th Rate, commanded by Capt. Poole, and afterwards 7 Weeks in the Monmouth: That being come from Sea, and much in Debt, he was arrested, and put into the Marshalsea , where he became acquainted with Edward Scale , who brought him into those 2 Robberies, and then turn'd Evidence against him. At first he would make me believe that these were his first Facts; but afterwards he own'd he had been guilty of some others, tho' not many, nor great. He further confess'd, he had liv'd a loose Life, breaking the Sabbath day, Swearing, Drinking, Gaming, &c. tho' by the good Education he had receiv'd from his Parents, he well understood the heinousness of those Sins; the Remembrance of which was a great Trouble to his Mind, especially when he consider'd he must now account to GOD for them. He earnestly pray'd for Mercy and Forgiveness. 3. Richard Durham , alias Barrow , (this latter being his right Name) condemn'd for breaking the House of John Pugh , Esq ; and stealing thence 3 Callicoe Curtains, a Quilt, 6 Napkins, a Silk Petticoat, a Gawze Scarf, 3 Blankets, and other Goods, on the 16th of May last. He said, he was about 24 Years of Age, born in the Parish of St. James Westminster ; That he had been in Mr. Pugh's House (wherein there was then no Inhabitant) thrice before he was taken there, and own'd also that he had committed some other Thefts, particularly that for which he was try'd at the Old-baily , in December last, viz. the breaking open the House of Philip Herbert , Esq ; on the 8th of October, 1714; of which Fact (not for his Innocency, but for want of sufficient Evidence) he was acquitted. But taking no Warning, nor Care to prevent his final Ruin, he went on in his wicked Ways, and so brought himself at last to this shameful untimely End. He further said, That he went to Sea very Young; had serv'd on board several Men of War, and led a vicious Life, the dismal Consequences of which he was now sensible of; and therefore earnestly pray'd GOD to be merciful to him, and forgive him all his Sins. He desir'd that the World might be told, That Elizabeth Barrow (his lawful Wife ) was a very honest Woman, not in the least concern'd with him in any of his wicked Doings: That he had not liv'd with her for above these 5 Years past; and, That for the three last of them he had kept Company with another Woman, whose Husband had left her: Of which double Adultery he heartily repented, and wish'd that this lewd Woman would do so too; considering the innumerable Miseries such lascivious and dishonest Practices always involve Men and Women in. Upon my asking him, in what manner he robb'd Esq; Pugh's House, and what Goods he took thence, he gave me this particular Account, viz. That on the Friday Night before he was taken, he got over the Pales, forc'd a Shutter open, enter'd the House, (being then alone) and took a pair of Tongs, a Frying-pan, a Stue-pan, a Shovel, and a Poker, all which he carry'd away; and presently return'd with a lighted Candle (for before he was in the Dark) and took the Bed-Curtains, one pair of Sheets, 2 Table cloths, a Furbelo'd Scarf, and a Silk Petticoat: All this he did the first Night. On the next, which was the Saturday Night, he went in again alone, and took a Quilt and another Bed-Curtain, with 3 Blankets; which was all he took that Night. On the Monday following he entic'd John Edwards to go along with him, and so they went together to the same House at Night, and took one Indian Silk-Gown and Petticoat, one Indian Callicoe Gown and Petticoat, a Morning-Gown, 2 Sarsenet Hoods, a black Hood, a Suit of Lac'd Head-dresses, a Pair of Stays trimm'd with Silver, and another plain, a Parcel of Ribbons, 2 Lac'd Shifts, a Silver Inkhorn, and a little Trunk that was done with Silver, in which there was 3 Locks of Hair, a pair of Bracelets, a Snuff-box, and 2 small Scent-bottles: All which they then carry'd away, leaving behind 'em a great quantity of Linnen and other Goods, which they had bundl'd up in the Ticking of a Bed, after they had taken the Feathers out, with a design to fetch it away the next Night; so indeed they came accordingly, but there being then some Men in the House ready to receive them, they were apprehended and brought to Justice. 4. John Edwards , condemn'd for being concern'd in the Fact with the abovenamed Richard Durham . He said he was about 19 years of Age, born in the Parish of St. Giles in the Fields ; That he was bound Apprentice to a Brickmaker , and never committed any Robbery before; but being a little loose, he was easily brought into the Commission of this, by the said Durham, to whom he was something related. 5. James Johnson , alias Fishpond , alias Vivier , condemn'd for breaking the House of Mr. John Baker , and stealing thence 7 dozen of Hatts, on the 28th of May last. He said, he was 16 years of Age, born of honest Parents in Spittlefields ; That he went to Sea (when but 10 years old) and serv'd on board the Russel, and a Prize-ship, call'd in French, Le Jeu d'Enfant; in English, The Child's Play, with other Men of War. He acknowledg'd he had not liv'd that virtuous Life to which he was brought up; and, That GOD was just in bringing this Calamity upon him; praying, That all his Sins (of which he heartily repented) might be forgiven. 6. Shadrach Guy , who receiv'd Sentence of Death at the Old-baily , on the 25th day of February, 1714/1715, for breaking open the Chambers of Ralph Musgrave , Esq ; in Staple's Inn , and stealing thence a Gold Watch and Chain, of the Value of 35 l. together with a Pocket-book, two pair of Pistols, and other Things, on the 15th of January last; having all this while lain in Newgate under a Reprieve during Pleasure, was now referr'd to his former Judgment, and order'd for Execution, which it seem'd he did little expect, till he was told of it on last Wednesday the 15th instant, when as he then thought he should die on Friday the 17th, so he became very serious, and was very earnest in making Preparation for Death against that Day; but when afterwards he came to understand that the Day of his Execution was put off to this Wednesday, he grew somewhat remiss; for he employ'd too much of his time in contriving how to make an Interest to obtain a further Reprieve, if not a Pardon. He said, he was about 22 years of age, born in the Parish of St. Thomas the Apostle , London , of Good and Reputable Parents: That his Father being a Captain in General Talmash's Regiment, went to that Expedition against France, in which this great General was kill'd: That when he was but young, and had learnt to Read and Write well, his Friends sent him to a Latin School; and then he was taught to cast Accompts, and to speak French: That being thus furnish'd with School-Learning, and understanding (likewise) something of Dancing, so as to carry himself handsomly in any Company, he was entertain'd in his Grace the Duke of Roxbury's Service, in the Capacity of a Page , wherein he continu'd above 2 Years, and then left it, and went to serve in the same Capacity the Morocco Embassador, then in England: That after he had been in this last Service about 3 Years, his Friends perswaded him to leave it; which he accordingly did, and went to Travel: That he was in his Travels about 4 Years, which he chiefly spent in France and Holland ; and there having improv'd himself in the French Tongue, (which he had been taught before) and learnt to speak Dutch, he return'd into England about 16 Months ago. I asking him, What Estate he had, and how he supported himself all the while; He answer'd, 1st, That having a Pass, he could Travel at little or no Charge; 2dly, That he had an Ensign's Pay , which (upon his Father's Account) was procur'd him by Major Rhine, an Irish Officer. I further asking him, How it came to pass that he left the Service of a Christian, to go to that of a Mahumetan, by which he put himself in danger of being forc'd to embrace that Religion, if the said Embassador had carry'd him home with him: He reply'd, That his Design was to leave him in Spain , where he had an Uncle, whom he was desirous to see, and (if he could) to live with; for he understood that Embassador was (in his Return) to pass thro' that part of Spain where his Uncle liv'd. This is what he said as to the Passages of his former Life; but as to the Fact which he was condemn'd for, he would not at first confess himself guilty of it; tho' at last he did. He acknowledg'd he had committed many Faults thro' the whole Course of his Life; as, neglecting the Service of GOD, profaning the Lord's Day, and being otherwise very loose; but had never committed any Theft or Robbery before this. Upon which I told him, That if he would take the pains to recollect himself, he should find (as I did) that he had been a Prisoner in Newgate before now. To which he answer'd, That it was so; and that about 6 Years ago (a little before he went to Travel) he was committed to this Goal, upon Suspicion of having stoln a pair of Sheets from his Landlord; but as his said Landlord did afterwards believe he was not guilty of that Fact, (of which himself also told me he was very innocent) he never was prosecuted for it. He seem'd in his outward Carriage to be serious and sensible, and behav'd himself as became a Person under his sad Circumstances so far as I could discern. Sometimes indeed he would reflect upon his Adversary, as if he had dealt too severely with him; but he soon return'd to a Christian Temper, and brought home all his Reflections upon himself, acknowledging that he had justly deserv'd this Punishment, and therefore freely submitted to it, and said, That if any had offended him, he heartily forgave them, as he desir'd to be forgiven. I being inform'd, that he had been an extravagant Youth, very undutiful to his Mother, and had broke her Heart, I put the Question to him: To which he answer'd, That it was too true; and, That he look'd upon this his shameful End as a due Punishment to him for his Undutifulness and Cruelty to his Mother, and wish'd it might be a Warning to others. At the Place of Execution (whither they were carry'd from Newgate in 2 Carts this Day) I attended them for the last time; and after proper Exhortations to them, Prayers, and singing of Penitent Psalms, and rehearsing the Apostles Creed, I recommended them to GOD's gracious Mercy, which they all did earnestly pray for. They also desir'd the Prayers of the Spectators, and wish'd, That all (both Young and Old) would take Warning by them, avoid their Sins, and prevent their coming to the like shameful End. After this, I withdrew, praying GOD to give them a blessed Admittance into his Everlasting Kingdom. Then the Cart drew away, and they were turn'd off, calling upon GOD to have Mercy on them, and receive their Souls. This is all the Account here to be given of these Dying Persons, by me, PAUL LORRAIN , Ordinary . Wednesd. June 22d. 1715. London Printed, and are Sold by J. Morphew, near Stationers-hall. Where may be had the 2d Edition of the Tale of the Raven and Blackbird; the 2d Edit, of the State of the Church of England; two Poems, by the Author of the Blackbird's-Song. Pr. 4d. each.

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THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confessions, and Dying Words, OF THE MALEFACTORS, Who were EXECUTED at TYBURN, On MONDAY the 5th of this Instant JUNE, 1732. BEING THE FIFTH EXECUTION in the MAYORALTY OF THE Rt. Hon. FRANCIS CHILD , Esq ; Number V. For the said YEAR. LONDON: Printed and Sold by JOHN APPLEBEE , in Bolt-Court , near the Leg-Tavern , Fleet-street . M.DCC.XXXII. [Price Three-Pence.] THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, &c. AT the King's Commission of Oyer and Terminer, and Gaol-Delivery of Newgate, held (before the Right Hon. FRANCIS CHILD , Esq ; Lord Mayor of the City of London ; the Hon. Mr. Justice Page; the Hon. Mr. Baron Cummins; the Worshipful Mr. Serjeant Urlin, Deputy-Recorder of the City of London, and others his Majesty's Justices of Oyer and Terminer, for the City of London, and Justices of the Gaol-Delivery of Newgate, holden for the said City and County of Middlesex) at Justice-Hall in the Old Bailey , on Thursday, Friday, Saturday and Monday, being the 25th, 26th, 27th and 29th of May, 1732; in the Fifth Year of his Majesty's Reign. Nine Men, viz. John Dunston , John Osburn , Robert Roberts , alia Robinson , John Wakeling , William Woolcott , Henry Barns , John Longmore , Edward Spaul , alias Spaw , and Michael Shaw , were by the Jury found guilty of capital Offences, and sentenc'd to die. While under Sentence, they were instructed from these Words, Then said Jesus unto his Disciples, if any Man will come after me, let him deny himself, and take up his Cross, and follow me. St. Math. xvi. 24. This Jesus said unto his Disciples, unto these who are willing to be taught and instructed by him, in the Way which leadeth unto Life everlasting. All they who are come unto him. By a new and living Way which he hath consecrated for us through the Vail, that is to say his Flesh. Heb. x. 20. All who come to Christ, our compassionate high Priest, touched with the feeling of our Infirmities, by the new Way, the only perpetual, effectual Means of Salvation, in opposition to the Jewish Sacrifices and Ceremonies, which, by the coming of the Massias, are now abrogated, by the way consecrated, or solemnly appointed and by him used in his Ascention unto Heaven; all who come to him through the Vail, not the great Vail or Curtain of the Sanctuary, by which the Jews entered into it, but all true believers, who come to God in Heaven, who look up unto him, from whom cometh their Salvation, and who, by a lively Faith, represent unto themselves Christ's Flesh, that is to say, his human Nature; with all that he hath done in it for them, that so they may come to the Enjoyment of God's Grace and Glory: All who approve and make their free Choice, of this only certain, new, infallible Method of Salvation, propos'd and offer'd to us by our Lord Jesus Christ in his everlasting Gospel, all such are here invited to come unto him, and to be made partakers of eternal Life, in and through him. I likewise observ'd to them the Freedom and Universality of God's Grace, as it is here signify'd to us, if any Man will come after me, any Man be what he will, Jew or Gentile, Bond, or Free of whatever Station, high or low, Rich or Poor, &c. they are all without Distinction, or making any Difference, invited to come unto Jesus Christ, and become partakers of his Holiness, in order to attain that Happiness and Glory, which is prepared for the Saints in Light. Then I insisted upon the Terms, on which we are thus invited to come unto our blessed Saviour, if any Man will come after me, let him deny himself; this is the Condition of the Gospel, to deny ourselves to all ungodliness and wordly Lusts, and to live Soberly, Righteously and Godly, in a present evil World; to renounce that ease and softness, those Pleasures and Delights, with which the Flesh is gratified and pamper'd; we must renounce our own understandings, and give ourselves wholly up to God, to be led and conducted in all our ways by his holy Spirit; since it is God that worketh in us, both to will and to do of his good Pleasure; finally we must deny ourselves to all the Pleasures, Pomps, Vanities, Riches and Grandieur of a present evil World, wherein there is nothing but the Lusts of the Flesh, the Lust of the Eye, and Pride of Life. I show'd them also, how unreasonable it was, to be addicted to such vile and abominable Courses, as Thieving and Robbery; which Method of Life brought them into a State of Enmity with all Mankind, set them in opposition to all Religion and Virtue, and reduced them to the Nature of Savage Brutes and Animals, which live upon devouring the Intectines of each other I instructed them also concerning the christian Sacraments, how they were early dedicated to God in Baptism, and since they had in such a scandalous Manner broken their baptismal Vows, I advised them to renew their Vows and Obligations to Almighty God, by partaking in the Sacrament of the Lord's Supper, the Nature of which I explain'd to them from these Words. The Cup of Blessing which we bless, is it not the Communion of the Blood of Christ. The Bread which we break, is it not the Communion of the Body of Christ, 1. Cor. x. 16. When these and many like Exhortations were given, all of them attended in Chapel, and made regular Responses saving Edw. Spawl , who could not read; and they were apparently devout and serious, and behav'd gravely, being attentive, both to Prayers and Exhortations; only Roberts, after the dead Warrant came out, he us'd some indecent Imprecations, at which some of them smil'd, for this I reprov'd him, and he promis'd not to do so again; And on Friday the second Instant, Woolcott laughed to his Neighbours in Time of the Exhortations, for which I commanded Silence, and a decent Carriage, and then all of them were very quiet, and behav'd as became them. Upon Wednesday the 21st of May last, the Report was made to his Majesty in Council, of these nine Malefactors under Sentence of Death in Newgate , when all of them were order'd for Execution. John Wakeling , was indicted for breaking and entring the House of John Richards , in the Parish of St. Margarets Westminster , and stealing 64 Guineas, a half Broad-piece, val. 11 s. 6 d. a Leather Pocket, value one Half penny, and two Mole-Skins of no value, the 23d of February last, about 9 in the Morning, no Person then being in the House. 1. John Wakeling , near 20 Years of Age, of honest Parents, in Bedfordshire . His Father came to Town, when he was Young, and serv'd a Brewer, and did not neglect his Son John's education, but put him to School, taught him to Read, Write, and Accompts, to fit him for Business, and had him instructed in the necessary Principles of Religion; and when of Age, he put him Apprentice to a Tire-Smith in the Borough, with whom he serv'd till August last, as he said, honestly and carefully; when his Master allow'd him to go out upon a Sunday to visit his Father's Family, or other Relations, but he staying out, as his Master thought, too late, and as Wakeling imagin'd, there being nothing to do, yet at that time, to his fatal misfortune, as he said, they wanted him to look after or order something about a Coach. Upon his coming home, the Master was very severe upon him for neglecting his Business, and beat him; he told him, he would not suffer such treatment, and went off, and stay'd away from his Service for some time; till at last upon his Father's intercession, his Master took him home again, but never forgot the old quarrel, so beat and abus'd him; upon which he ran away and liv'd with his Father, who fail'd not to give him good advices, but he being of a pervese and wicked inclinations, took up with the worst of Company, as lew'd Women, who advis'd him to his ruin, and to follow those pernicious courses, which speedily brought him to an ignominious End. He deny'd that he ever was a common Thief or Robber, but own'd the breaking open Mr. Richards's House, and Stealing thence 64 Guineas, and some more Gold, to the value of 70 l. having got such a considerable Sum of Money, he knew not what to do with it, but went streight to the place of his Nativity in Bedfordshire , where he was well known, and whether they went immediately in pursuit of him, and upon the third Day after he had done the Robbery, he was taken and brought to Town; that he might meet with the deserved punishment of his Villanies: As this was a considerable Robbery or Burglary, so he was no less lavish in throwing away the Money, for in three Days, at the end of which he was taken up; he spent above twenty Guineas, one of which, he gave to a Coachman, for carrying him to High-gate . I ask'd him whether he intended to go, or what he was to do with his Money? He said, he intended to go into Lincolnshire , where his Mother's Friends were, and to pass some time there. Being urg'd, that both the places he went to, or intended for, in them he was best known: He own'd that he was infatuated, and had no distinct notions how to dispose upon himself, or his effects; but that by evil Spirits, or his own distracted Thoughts and wicked Dispositions; he was driven head-long towards Destruction. He behav'd civilly and gravely, and own'd that he had been a perverse, wicked and disobedient Youth, both to God and Man, particularly to his Parents; that he had been a notorious Sabbath breaker, Drunkard, Gamester, and haunter of evil Company, particularly vile Women. He hoped for Salvation by the Mercy of God in Christ, declar'd himself Penitent for the Offence of his Life, and died in peace with all Mankind. John Osborn and John Longmore , were indicted for assaulting John Elliot in an open Field, near the Highway, in the Parish of Stepney , putting him in Fear, and taking from him a Hatt, a Wigg, a Coat, a Waistcoat, a pair of Shoes and a pair of Buckles, and 5d. in Money, the 10th of April last. They were a second time indicted for assaulting Joseph Allam in an open Field, near the High-way, in the Parish of Stepney , putting him in fear, and taking from him a Wigg, a Cloath Coat and Waistcoat, a woolen Waistcoat, a Shirt, a pair of Holland Sleeves with Cambrick Ruffles, a pair of Shoes, a pair of Buckles, and a pair of Gloves, and 15 d. in Money, April the 12th. Of the first of these Indictments, Longmore was acquitted, but as to the second, he was found Guilty of single Felony. Osborn was cappitally convicted for both. Death. John Longmore , who was a third time indicted for assaulting Joshua Panton , in an open place near the High-way, in White-Chappel Parish, putting him in fear, and taking from a Silver Watch, value 3 l. and 4 s. 6d. in Money, April the 20th. 2. John Longmore , about 20 Years of Age, was born in St. Giles's Parish in the Fields , his Father dying left him young, and his Mother setled in Rag-fair, Rosemary lane , educated him at School in reading, writing and casting Accounts for Business, and had him instructed in Religious Principles, so far as he was willing to receive them; when of Age, he went to Sea , and served sometimes in Ships of War, at other times in Merchant men, and has been in the West-Indies , up the Streights, upon the Coast of Guinea , and in other places of the World; and as he said, in all his Travels he behav'd himself honestly, and to the liking of his Superiors. When out of Business at Home, he wrought upon Ships in the River , and got abundance of Money to maintain himself; but being naturally of a wicked Inclination, he lov'd idleness, best, and applied himself to whoring, gaming, drinking, swearing, and all other kind of Vices, and got into Acquaintance of the most notorious gang of Thieves about the Town; and of these he particular delighted in the Company of Tripland and Fleming, who readily led him into all manner of outragious Villanies. He at First, denied that he had been guilty of any capital Crimes, but that by keeping bad Company, he had put it into the power of wicked Miscreants, to inform of swear against him, whether Guilty or not; but when the dead Warrant came down and all hopes of safety was past, he acknowledged that he had committed a vast many Robberies in partnership with Tripland Fleming and others, and that he was plunged in a most abominable wickednesses and notorious Crimes. As to the three Indictments against him he said that he was innocent of the First, guilty of the Second, for which he was order'd for Transportation, and that he did not commit the third, of which he was capitally convicted, and for which he died, as the same was sworn against him. I represented to him the danger of going to Eternity with a Lye in his right Hand, and show'd him the necessity of Glorifying God, by a plain Confession; but he would not alter in his Acknow ledgments. He was solicited by one to die in another Communion, but would not turn from the Profession he was educated in, as thinking it to be the best. He behav'd himself always soberly, decently, and devoutly in Chapel, declared himself penitent for all, especially the heinous Sins of his Life; that he believed in Christ his only Saviour, and forgave all Men, as he expected forgiveness from God. 3. John Osborn , 18 years of Age, of honest Parents about Wapping , his Father dying and leaving him young, the Mother took care of his Education at School, in reading, writing, and casting Accounts, as became one of his Birth: When of Age, about 12 or 13, he was put our Apprentice to a Waterman , whom he served a little more than a Year, but his Master and he not agreeing well together, the cause of which he imputed to his Masters severity and hardships he had put upon him, but 'tis to be fear'd, the true Cause was his own wicked and pervers'd Disposition; he having been naturally an ingrain'd villanous young Rogue, not willing to apply himself to no constant Business, but associating with the vilest of Company, Whores, Thieves, Robbers, Pickpockets, and other refuse of Mankind, who brought him quickly to a fatal and unfortunate End. After he broke his Apprenticeship, he would plie to no more business but drinking in Shops with a set of vile Miscreants and when he wanted Money went out upon the Sneak, stealing what he could lay his Hands upon, picking of Pockets, and at last he had the Impudence, tho' both of a small Stature and young to attack People on the Streets and High-ways; and amongst his other Crimes, he kept Company with base Women, one of whom, tho' he affirm'd to me, that he was never Married, pass'd for his Wife, with whom he liv'd, who had no good advice to give, but was ready to receive what purchase he brought in upon Thieft and Rapine. As to the Robbery he was convicted of, he own'd himself equally guilty with the rest; only he said, that the Evidence was in a mistake as to his stabbing of him with a knife, either in the Hand or Breast; for when the Man was Robb'd, he stood at a distance and did nothing of that kind, being upon Guard, while the others committed the Fact. He was an impudent, obdur'd Boy; but after the dead Warrant came out, he often wept and shed Tears, which may be feard was rather the effect of terrour and consternation, upon the apprehensions of a violent Death, than of a sincere Repentance for his Sins. He own'd that he had been a most notorious Rogue and Villain; that he had been a Sabbath breaker, and although his Mother gave him good advices, and endeavour'd to have him instructed in principles of Christianity, yet he minded none of these thins; but gave himself wholly up to a most licentious, disorderly, irregular course of Life; and that therefore God had in Justice afflicted him, and he suffer'd most deservedly for his Crimes. He said, that he believ'd in Christ, repented of his Sins, and forgave all Men. William Woolcott , alias Williwick , and Henry Barns , were indicted for assaulting William Pardon , upon the Highway, in White-chappel Parish, putting him in fear, and taking from him two Keys, a Hat, a Wigg, and 5 s. 10 d. in Money, April the 5th. 4. Henry Barns , 17 Years and 5 Months old, born in St. Sepulchres Parish, of mean Parents, who go about the Streets with Wheel-barrows selling Fruit; was educated at a Free-School there, to read, write and cast Accompts, fit for Business, and instructed in the necessary Articles of Religion; but when he should have gone to School, he mostly stay'd away, and told notorious Lies to his Father and Mother, who when they found him out in his faults, neglected not to give him the best of Advice, and to correct him sharply for the same; but that he soon forgot, because of the pleasure he took in the Company and Society of the vilest Black-guards, who learn'd him to Drink, Pick and Thieve from his Childhood; at the Age of 13, he was bound Apprentice to a Waterman , who ply'd at the Tower-wharf , whom he serv'd two Years, but neither with that Care or Honesty which became him; for although he was a kind Master, and greatly encourag'd him, letting him want for nothing needful, yet he had contracted such a base habit of idleness and other vices, that he could not keep to any constant employment, but neglecting his Master's business, and cheating him as much as he could, he still sought after idle and wicked Companions, with whom he drank to excess, and committed other Vices, whenever opportunity offer'd; and at two Years end, he ran away from his Master, and join'd himself to those gangs of Whores and Thieves, who hurried him a pace to his Ruin. He liv'd with a Woman unmarried, who is now taken up upon a Warrant for quarrelling, and is in New-Prison. He blam'd nobody for his misfortunes, but his own vicious inclinations. He pretended that he left his Master, because he made him draw Drink in an Ale-house which he kept; but that was only an excuse. He own'd himself to have been a most naughty, perverse, disobedient Boy; that he was acquainted with all kind of Thieving, and all manner of Vice; that he was a most notorious Sabbath-breaker, for some Years past having never gone to Church, but in the time of Divine Service; having employ'd himself in Drinking, and keeping Company with lew'd Women, &c. He own'd the Fact he was convicted of, and that he had committed a vast number of other Thefts and Robberies, in company with Tripland, Fleming and others; having had no other way to subsist, or at least to be provided with Money, for some considerable time past, but by such hellish, devilish, unaccountable Practices. He own'd the Justice of his Sentence, and that he was a Villainous, naughty Boy, good for nothing. He said that he was a great drinker of Drams in Ginneva-Shops, where was the common rendezvous of such vile, wicked People, with whom having contracted acquaintance; he willingly went to all manner of excess of Riot. He declar'd his Faith in Christ, that he was Penitent for his Sins, and died in peace with all the World. 5. William Woolcot , alias Williwick , 20 Years of Age, Born at Tauton in Somersetshire , of mean Parents, his Father dy'd and left him Young, upon the Care of the Mother, who took care of his Education at School, in reading, writing and accompts, to fit him for Business, and instructed him in christian Principles. When of Age he was put to a Tanner in Bristol , not loving the Trade, nor agreeing with his Master, at the End of two Years he left him, and came to Town, without visiting his Mother or any of his Relations, where being a Stranger he knew not what to do, so he plied at Stocks Market as a Porter , and sometimes he had Business and at other times he had none: Then seeing that Affairs did not answer to his Mind, he drew to the Acquaintance of Gangs of Thieves and Robbers, and in Company of his Evidences Tripland, Fleming and others. He committed a great Number of Street and Highway Robberies, and at other Times he was employ'd in picking of Pockets, Shoplifting and other kinds of Thefts. He was a meer, naked Black-guard, void of all Grace and good Manners, and the main of his Business was, to rob, thieve and steal; so that it is to be suspected, although he denied it, that he was addicted to the same Manner of Life at Bristol , before he came up. He own'd, that he was guilty of all those Vices to which those vile People are inclin'd, and that he suffered most justly for his contempt of God and neglecting of his Ordinances. In Chapel he made regular Responses, and outwardly complied with the Worship, and was attentive to Exhortations, but sometimes he smil'd to his Companions, which was a most undecent Carriage for one in his deplorable Circumstances. He was a sottish, senseless, unthinking, impudent young Fellow. He acknowledg'd that he had been always inclin'd to all manner of Vice, and void of all Virtue. He hoped for God's Mercy through Christ; said that he repented of his Sins, and died in Peace with all Mankind. John Dunstan , was indicted for breaking and entering the House of William Simmons , in St. Sepulchres Parish, and stealing a Saw, a pair of Nippers, a pair of Plyers, a pair of Compasses, a pair of Scissars, a Brush, a black-lead Pencil, a piece of Mother of Pearl, a small wooden Pully, 12 sets of inside ivory Fan-sticks, 12 sets of outside ivory Fan-sticks, 3 engraved copper Plates, and two pair of Shoes, the Goods of several Persons, the 19th of this Instant May, in the Night. 6. John Dunstan , 32 Years of Age, of honest Parents who educated him at School to fit him for Business, and taught him christian Principles. When of Age he did not incline to a particular Trade, but lov'd best to drive Hackney Coaches , and follow'd that employment for a great many Years, and as he said with Honesty and Reputation. He married a Wife who had some Children by him, one of which is still living, but dissention arising between him and his Wife, as may reasonably be suppos'd, because of his ill Behaviour, he had no Pleasure in living a sociable Life, but went out upon all kind of Extravagances, and would take no Advice either of his own or his Wife's Friends. He got acquainted with thievish and wicked dispos'd People, and took up with strange Women; and that ruin'd him at once Having no more Credit in his ordinary Way of Business, he went to Sea, and serv'd in some Ships of War for 2 or 3 Years past. But when at Home, he plied to his old Way of thieving, picking and stealing, as he had been accustom'd. As to the Burglary he was convicted of, he own'd the same as sworn against him, only with some variation, of Circumstances not material. He acknowledg'd himself to have been a vile, notorious Thief, and a base, whoring, drinking, good for nothing Fellow. He behav'd very well, and apparently with christian Devotion, and a true Sense of his Sins. He declar'd his Faith in Christ; a true Repentance for all, but especially his notorious Sins, and in token of his Penitence he wept often, when all hopes of safety was past; and he heartily forgave all injuries done him, in expectation of forgiveness from God. Robert Roberts , alias Robertson , was indicted for breaking and entering the House of Henry Watkins , in Shoreditch Parish, and stealing a feather Bed, a Bolster, a pair of Sheets, a Pottage Pot, a Pewter Dish, a Plate, 2 Sauce pans, 3 Candlesticks, a Chasfingdish, a Pepper-box, a Drudging-box, a Bottle, and 2 Handkerchiefs, April the 26th about the Hour of 2 in the Morning. 7. Robert Roberts , alias Robertson , 35 or 36 Years of Age, of honest Parents, who gave him the best of Education they could, and his Father being concerned in a Man of War, got him further instructed in reading, writing and arithmetick, on board the Ship, and he was also instructed in the necessary Principles of Religion; but his evil Inclinations render'd all these Endeavours of none Effect. He always serv'd on board of Ships of War, and came to be Boatswain's Mate , in which Station, as one who was in his Company told, he was very severe and rigid to the Sailors. He married a Wife about 13 Years ago, of whom he spoke very indifferent off. He was an expert good Sailor , and, as he said, was respected by his equals, and had the Approbation of his su perior Officers. But being a silly foolish Fellow, what Money he got with much Labour and Industry, the same he spent no less profusely and prodigally, when at home. The Account he gave of the Fact for which he was convicted was to this Purpose. That a Man and his Wife coming into his Room, desir'd Lodging, not knowing were to go: Roberts allow'd them the Use of his Bed, but withal offer'd undecent Carriage to the Woman; upon which as they went off, the Husband promis'd revenge, and that he should land him at Tyburn next Day. When he came into his Room, he found the Goods mention'd in the Indictment, and calling up to his Neighbour above, he said, we want Money, will you pawn these Things? He answer'd, I'll have nothing to do in such Matters. Roberts pawn'd part of the Goods, and the rest of them were found in his Custody; this, his Neighbour aforesaid inform'd and witnessed against him. He own'd, that he was a most debauch'd, wicked Fellow, and that for along time he had been accustom'd to Thieving, and such other Vices as are Incident to those of his Profession. He behav'd always very decently, professed a deep Penitence, that he believ'd in Jesus Christ as his only Saviour, and that he died in Peace with all Men. Edward Spawle , alias Spaw , and Daniel Lightfoot , were indicted for stealing in the Parish of St. George's in the East , Fourteen Chissels, an Ax, A Gouge, two Gimblets, two Hammers, and two Stones; the Goods of John Slack An Ax, an Iron Square, a pair of Pincers; Chissels, and other things; The Goods of John Lindsey , a Lock, two pound of Nails, and other things, the Goods of Richard Sparks , the 24th of April last; the Jury found them Guilty to the value of 10 d. each. Edward Spaul , alias Spaw (was a second time) and Michael Shaw , were indicted for breaking and entering the House of Elizabeth Webb , in White-Chapel Parish, and stealing two Porridge Pots, two Saucepans, one Stewpan, a Waistcoat, and some old Rags, April the 21st. between Eleven and Twelve at Night. 8. Michael Shaw , about 22 or 23 years of Age, what Parents he was descended is not known, but he was educated at School, in, and by the Parish of Cripple-Gate . When of Age, he was put to a Stocking Weaver , and learnt his Trade to a pretty good perfection, so that few such young Men excel'd him: But he was of such a pervers'd Disposition, that it was impossible to keep him at his Business, for he was so addicted to Gaming and Company-keeping, that he prefer'd these Occupations to every thing else. He associated himself to the greatest Robbers and Thieves about the Town, and had infamous Women also to his Companions; and this Method of Life soon brought him to an ignominious End. There was a Gentleman of the Parish, a sober, good Man, who us'd all means imaginable, out of Christian compassion, to reclaim him from this hellish Life, but all in vain. For after he had taken him out of almost all the Prisons in and about London , for small Crimes and foolish Enterprizes, he still continued in his obstinate and wicked Courses. Once after he came out of Newgate , he recommended him to a Master, and plainly told him his weakside and Faults. The Master took him upon the Gentleman's Account, though he was informed of his preceeding villanous course of Life. He could not settle himself into this good Service, although his Friend had furnish'd him with all manner of Cloaths, which he wanted; he had not been above 8 or ten Days, but went to his old Companions, such as Tripland and Fleming, the most noteable Rogues in the World, and with them Prosecuted his former wicked ways. The Gentleman who was his Friend and well wisher, never saw him again but once in Hounds-ditch , when he desir'd another Man who was with him, to cross the Street and pursue him, and another Fellow like himself in his Company: He and the other Man observing his well-wisher, and another Person following close after them, and run away; so his Friend heard no more about him, till he writ to him to come and give him some assistance in Newgate , which the Gentleman was ready to do, as opportunity offered; but then it was out of his Power to serve him any more, with respect to the saving of his Life. He acknowledg'd that he had been a most abominable worthless Person, a Sabbath-breaker, a companion of lew'd Women, a vile Drunkard, and that he had been guilty of a great number of Street or Highway Robberies, and otherwise that he was scarce free of any Sin, except actual Murder. After the Dead Warrant came out, he Cry'd much and lamented his pitiful Case. He declar'd his hope of being sav'd through the merits of Jesus Christ; that he sincerely Repented of all his Sins, and forgave all injurier, as he expected forgiveness from God. 9. Edward Spawl , alias Spaw , about 22 years of Age, of mean Parents, who gave him no education at School, and was very ignorant of Religion. He was put to a Weaver , and as he said, serv'd his Time carefully and honestly; yet he own'd that he had been a naughty, vitious, and most profligate young Fellow; in joining himself to the worst of Company, both Men and Women, as the rest had done. He own'd the Fact for which he was convicted, though at first he deny'd it, and that he had committed many more Robberies, and had been an habitual Thief for a considerable Time, and that Drinking and Whoring had in a great Measure ruin'd him. He was very ignorant, as all the rest were little better, so that time being but short, it could not be expected that they could profit or advance much in knowledge. They were a set of most Ignominious, Ignorant, Villainous, Disgraceful, Obstinate, Obdur'd young Rogues, as have any time been seen; and doubtless they met with a fate answerable to their just deserts. N. B. Edmund Cheesborough , was indicted for forging a promissary Note, for 50 l. Dated July the 2d, 1731, and Payable 6 Months after Date, to Thomas Oliphant , or Order, by Rich. Brumton , and an Indorsment upon the said Note, in the Name of Thomas Oliphant , and afterwards Indorsing his own Name thereon, and Publishing the said Note so Indorsed, knowing the same to be false and Counterfeit, with an intent to deceive and defraud Stephen Prue , and unjustly to charge Thomas Oliphant , with the Payment of 50 l. to the great Damage of the said Thomas Oliphant and Stephen Prue . Of this Indictment he was guilty by the Jury, and capitally Convicted on Friday the 26th of May last; but when he was put up into the Cell that Evening, he said to the Keeper who lock'd him in, Good Night to you, for I shall be well to Morrow Morning. He took a piece of Pack-thread and Platted it four fold, with which his Irons were held up; he tied the Pack thread to the Iron grate of the Cell Window, and therewith Strangl'd himself; so that the next Morning when they open'd the Cell, he was found Cold-dead. The Grand-Jury brought him in felo de-se, and he was buried in the Cross-Road at Islington . This Cheesborough, broke out of Newgate some Months ago, and was re-taken at Carlisle , and from thence, by a Habeas Corpus, he was brought to Town by some of the Keepers of Newgate, a Day or two before the Sessions begun. The Place of EXECUTION. BEfore they went out, Roberts desir'd a Word of me in Secret, and own'd that he had been a very wicked Man, and committed the Burglary, for which he Died, and which he denyed before; and Dunston desir'd it should be made Publick to the World, that, one Night, he stole another Man's Cloaths, who was a Cousin of his own, and not having time to put them on, went out Naked, and broke into a Coachmaker's Shade in Aldersgate-street , with an intt to Rob the same, but being frighten'd by some Noise, he went off Naked as he was, and left his Friend's Cloaths; who for that, was like to be brought into trouble; so this is to acquaint that Coachmaker, that Dunston mas the only Man who design'd to Rob him, (as he said) and that no other Body ever knew of any such thing. They had no more to add to their former Confessions, only that they died in Peace with all Mankind, and being great Sinners, that they hop'd God would have Mercy on them for Christ's Sake. Henry Barnes , gave me a short Paper which is as follows, viz. " I desire none " would blame my Parents, for it was " not them that brought me to it, for if " I had been rul'd by them, I might " liv'd a sober and honest Life, work'd " for my Livelyhood; so I beg of all " People that knows them, not to hit " then in the Teeth of my Misfortune. " Written and Sign'd by himself, Hen. " Barns , Aged between 16 and 17. Having Sung a Psalm, after all the Prayers were concluded, Dunston desir'd me to sing a second Time, which I did, being the 6th last Verses of the 73d Psal. None but Roberts and Dunston were willing to receive the Sacrament that Morning; but after I had spoken a short, serious Exhortation to them extempore, Shaw, and Osborn, exprest a vehement desire, and were partakers with them and some others. They went off the Stage, crying out, God have Mercy upon us, Lord Jesus receive our Spirits. This is all the Account given by me James Gutherie , ORDINARY of Newgate . The following, is an Account of the Robberies which was committed by William Woolcott , John Osborn and other: which they gave two Days before their Execution to the Printer; which is as follows, viz. WILLIAM WOOLCOTT said, he had been at Sea three or four Years, with one Captain Hooke, on Board the Bedford Man of War; when I came Home, I took up my Pay, and spent it very soon, I was put to my Shifts how to get more. Being at a Brandy shop I came acquainted with one Williams; (who is since Executed) he and I soon came to a right understanding, and agreed to go on the Sneak, that is a Shoplifting; sometimes stopping People in the Street, and taking from them every thing we could lay our Hands on. We follow'd this Course of Life for sometime, till at last I was apprehended for taking two Gowns upon the Sneak. While I was confin'd in the Foultry Compter , one that went by the Name of Tom the Cooper, did his endeavour to make himself an Evidence against me for a Robbery which he and I committed in Wellclose Square ; but I turn'd the Tables upon him, for being allow'd an Evidence against him he was try'd and Executed for it upon my Evidence. After this I was remanded back to the Poultry Compter , where Thomas Beck , (who was Executed last Sessions) Edwards and James Tripland came to see their Wives, that is their Doxies; they being confin'd in the said Gaol; by that Means I came acquainted with this Tripland. A little Time after this I was discharg'd from my Confinement. I went immediately to a Brandy-shop, where we all generally use, and had not been there long, but in comes James Tripland , and ask'd me if we would go upon the Outdacious; that is Knocking People down; and he would furnish me, with Pistols, Cutlasses, and things proper for our use. But before we went upon Business News was brought us, that John Osbourn was to be discharg'd out of Newgate , where he had lain for sometime, upon which Tripland and I made it our Business to go and see if it was true; and just as we got into Newgate-Street we met him, and wish'd him Joy upon his Enlargement, and said, shan't we Drink together; so according we went to our old House, and there we ask'd John Osborn to go along with us, upon which he reply'd Ay, with all my Heart. And the first Robbery we committed was on a Captain of a Ship, from whom we took 3 s. 6 d. a Hat, Wigg, the Shoes from his Feet, with a Pair of Silver Buckles, which we sold to one Mrs. Wasson a Fence in the Back-Lane , near Rag-Fair , for 5s. 6d. The same Night we committed a Robbery in Goodman's Fields on a School-Master; (upon which Robbery I die for, as likewise does Henry Barnes upon the Evidence of James Tripland ) we took from him five Shillings and Six-pence in Silver, and three-pennyworth of Half-pence, and his Hat and Wigg; the Gentleman begg'd for God's Sake not to Misuse him; we took no Notice of his Praying, he might as well Pray to a Horse, as to Pray to us; our Design was to strip him stark Naked, being all very bare of Money, by Reason some of us was but just Discharg'd from Confinement; but People hearing a Noise, came out, so that we did not dare venture to strip him; Tripland was so Barbarous as to cut the Gentleman across the Head, and gave him a very great Wound; upon which John Osborn immediately got up from searching the Gentleman's Fob for his Watch, and swore he would stick Tripland for using the Gentleman so Barbarous; we got him upon his Legs, and bid him go about his Business, which he did. After we had robb'd him, we went to our Fence, and left our Things that we took from the Gentleman, for her to Pawn, she said she had not Money enough; accordingly she Pawn'd them, and we divided every Man his Share. The next Night about 8 o'Clock, we met by the Maypole in Tooley-street , a Master Taylor, whom we Robb'd of his Hat, Wigg, a Traveller, that is a Shilling, and his Thimble, which prov'd to be Silver; People coming along, we was oblig'd to leave him, for fear of being taken. After that we went upon the Sneak, I and John Osborn went together, we jump'd a Glaze, that is lifting up a Sash of a Window, where we took out a bundle of Yarn Stockings of Mens, and likewise a bundle of Womens; after this Robbery we thought we had done enough for that Night, we all agreed to go Home. The next Night, Tripland and Barns went down one side of the Street, I and John Osborn , went down the other side; John Osborn spy'd a Gentleman going along, upon which he follow'd him and Pick'd his Pocket of a Clout, that is a Handkerchief; after this we made towards Ratcliff Highway , where we took a Bermudas Hat upon the Sneak. Then we went to a Brandy-shop to Drink, and who should be there a Drinking but Fleming, which was the first time that we ever saw him. There was a Man a Drinking in the same Shop, and the Woman of the Shop gave us Notice, that, that Man had just receiv'd his Weeks Wages; upon which John Osborn said to him, Honest Friend I want to speak with you; upon which the poor Man (not mistrusting any thing) immediately went to him, and Osborn took him to Salt-Peter-Bank , and then told him his Business, which was, to Deliver his Money, or else he was a Dead Man; the poor Man being very much Surpriz'd, and did not know what the Consequence might be if he did not, he gave him what he had, which was 10 s. 6d, and Osborn swore, if he follow'd him, he wou'd shoot him thro' the Head; Osborn return'd again to the Brandy-shop, and Fleming said to him, if you don't give me some of the Clie, I'll Squeek; upon which, I took him to the Black-Horse in Well street near Rag-Fair , where I gave him a Pot of Beer, and told him, I had taken but two Shillings from him; after that I wou'd have taken him over the Water, but he wou'd not go, but before we parted he promis'd me he wou'd bring one of his Wives the next Day to Dine with me, but he was not as good has his Word. After this Woolcot was committed to Bridewell in attempting to Pick a Gentleman's Pocket. Then I, Tripland and Fleming, met together on Easter Monday last, at a Brandy-shop in Well street ; I having a small matter of Money about me at that time. I lent Fleming a Traveller, that is a Shilling; then we went to the Musick House at Stepney with our Wives; where we staid till we thought it proper to turn out upon Business; we took our leaves of our Doxes, and wish'd them good Night; and they reply'd, We wish you good Luck. And as we was going along, Fleming said, let us go two and two; we pass'd some Gentlemen, but we did not approve of their Looks, by Reason we knew some of them. So Fleming step'd up to me, and said Jack, there is a Watch in that Gentleman's Pocket, let us take him from the rest; but we thought it not proper to come into his Proposal, till we saw him take his leave of his Friends, and turn'd down another way; then went up to him, and bid him Stand and Deliver, he obey'd the Word of Command, and begg'd of us not to use him Ill, for he was a going to see his Brothers Wife, which was his Sister, and had just lain Inn, and if he was any ways hurt, she wou'd be so surpriz'd that it might cost her her Life. We told him we only wanted his Money and Watch, he said he should have what he had, withal his Heart; for he said he had but 5d. in his Pocket, and for a Watch he never had one; he said he work'd very hard for his Bread; we took his Word, and gave him his 5d. again, and wish'd him a good Night. After this James Tripland , William Fleming , John Longmore and I, stop'd a Barber, and Robb'd him of his Hat, and Wig, his Coat and Waistcoat, his Shoes from his Feet, Buckles, and five-penny worth of Half-pence. I cannot deny but we us'd him very inhuman, which was by cutting him across the Hands with the Knives we carry about us; William Fleming knock'd him down with a little Truncheon which at the end has lead, and would have Murder'd him if we had not more Mercy than he; we should not us'd him so, but that he Resisted very much. The next Night James Tripland , Fleming Longmore and I, was going over the Water to our Lodgings, but going a long we met a Man in Tooley-Street , and stop'd him, we bid him Deliver, if not, he was a dead Man; he not immediately obey'd, upon which, they snatch'd his Hat off, he cry'd out, and they all ran away and left me: I had presence of Mind, and putting a Knife to the Gentleman, and said, if he offer'd to stir or speak, I wou'd out his Throat; I robb'd him of 10 s. and a Ring, but the Ring prov'd to be a Brass one. The Watchmen going the Rounds I was oblig'd to take to my Heels, and so got clear off; I gave James Tripland , 2 s. 6 d. and the rest I Sunk, because they left me; then we all went Home to Bed. The next Night, Tripland, Fleming and I, went out upon the Sneak, and we jump'd a Grate, in order to get into a Shoemakers Shop in Ratcliff Highway , and took from thence six pair of new Shoes, and so made off. Going along the same Night, I met a Gentleman in Ratcliff-Highway , and snatch'd his Hat off, and ran away with it. Fleming made after me and over took me; and said to me, as a Gentleman came along, this is he, that we may make our Mouth up; that is, we may get a great deal of Money; (this is the Robbery which I am to Die for) we robbed the Gentleman of his Wig, Coat and Waistcoat, Six-pence in Silver, his Shoes and Buckles, and so made off. After this Robbery, we had a Mind to try our Fortune upon the River of Thames ; accordingly, Henry Barnes , I, and another, (which I hope will take warning by my untimely End) went and got a Boat after this manner; we took a Broomstick, and Swarm off to the Roads, and broke the Locks which Lock'd the Sculls and Boat; when we got into her, we rowed to a Ship call'd an Irish Brigg, when we came to the Stern of her, I got on Barn's Shoulders being Naked, and listened for sometime if I could hear any Body in the Captains Cabbin, which I did not, so I lifted up the Glaze, that is the Window, and so got in, while they rest staid in the Boat to Receive what Goods I Stole, which was a Bagg of Linnen, a great parcel of Cloaths, a Box of Ruebard, a small Box of Cambrick, a Watch, a pair of silver Buckles, two pair of black Silk Stockings, a Hat and Wigg, the Captains Coat and Waistcoat, Shoes, a Snow ball, that is, a Sugar Loaf. I saw some Bottles upon the Table, upon which I handed one to my Fellowmen, and bid them, Drink the Captain's Health, and a Prosperous Voyage; looking about the Cabbin, I spyed four or five Boxes, upon which I asked them, if I should cut the Cords to see what was in them, their Answer was, They had enough, they being in the Boat at the Stern of the Ship, in order to Receive the Goods which I got out of the said Ship. The same Night we went on Board a Hoye, and went down the Forecastle, where we found the Men a Sleep, and there I took a Bagg with a Suit of Cloaths, a Holland Shirt, an India Handkerchief, a pair of Shoes and Buckles; after this Robbery we concluded to go Home; and going to Pepper-Alley-Stairs , with an intent to Land our Goods, but upon second Thoughts we thought it not safe, so we Landed at the Bankside ; but coming on Shore, one Mr. Rice, or otherwise Mantrump, seeing us, and he knowing us to be Persons of different Characters, he came down and asked me for a Sculler, and said Osborn, you are better than a Sculler, so seiz'd me; upon which one of my Companions jump'd over board and got to Shore, and the other ran for it; but Mantrump in his Surprize let me go, in order to run after him; as soon as he was gone, I pushed the Boat off, and immediately got into her, and toss'd every Thing that was in the Boat into the River, (which was to the value of above a 100 l.) my Reason for so doing was, if I had been Persued, they should find nothing in the Boat. My Fellowman being taken by Mr. Rice, he was committed to the New Goal for the County of Surrey, and was carried down to Guilford the last Assizes, no Person appearing against him, he was Discharg'd. After this Robbery, we was soon apprehended, and justly brought to our condign Punishment; altho' I had received Mercy several times, I could not take warning, for about two Months agoe I was discharg'd from Newgate , and the same Day I was discharged, I committed a Robbery with James Tripland , the Evidence and my fellow sufferer Woolcot. N. B. This Osborn two or three Days before his Execution, employ'd his Time in his Cell, in writing such things which we thought proper not to mention, and likewise in drawing of several Things on a Paper, and in particular his own Effigie hanging on Tyburn , which he wrote it Gib, which shows the Stupidity of these poor wicked Wretches, that they have no Notion of a future State. At the Time the above Account was taken from their own Mouths, which was but two Days before their Execution, they laugh'd all the Time at each other, while the Person was writing what they said, altho desired several Times to be serious, and consider how short their Time was. FINIS. ADVERTISEMENT. Newly published, The FIFTEENTH EDITION of ONANIA, Or, The Heinous Sin of Self Pollution, and all its frightful Consequences (in both Sexes) considered, with Spiritual and Physical Advice to those who have already injured themselves by this abominable Practice. As also the SIXTH EDITION of the SUPPLEMENT to it, both of them Revised, and Enlarged, and now Printed together in One Volume. And as the several Passages in the former Impression that have been charged with being obscure, and ambiguous are in these cleared up, and explained, there will be no more Alterations, or Additions made to them. These Editions contain some further and surprizing Instances of the Mischiefs by that filthy, sinful Commerce with ones self, which is so notoriously practised, as well by the Adult as Youth, Women as Men, Married as Single, to the weakening their Generative Faculties, and hindering Procreation, as their Letters of Complaints to the Author, herein inserted, shew. And, amongst others, a curious Letter from a Lady, with his Answer to it, concerning the Use, and Abuse of the Marriage-Bed; together with divers Casuistical and other Letters from both Sexes, of some secret unnatural Effeminancies, necessary to be known both by the married and single of eac Sex. To which is added, A Curious PIECE, translated out of the Latin, from L. S. SCKMEIDER, as it is inserted in the Acta Lipsiesia, concerning the Return of the Seed into the Mass of Blood; well worth the Perusal of Physicians. Surgeons, Anatomists, and all others of Art and Curiosity. As also Dr. QUINCY's Translation of Dr. CARR's remarkable Answer to a Letter sent by a Divine, concerning two Nuns of Rome, reported to have changed their Sex. Likewise Dr. DRAKE's and several other Physicians Opinions of Hermaphrodites, and Women brought to a Resemblance of them, by the Practice of Self-Pollution, as was the Case of a young Lady of 18, whose wellwrote Letter to the Author, describing and lamenting her Condition, is (in order to deter others) inserted. A very grave and learned Divine and Physician having perused this Discourse, before it went to Press, returned it with his Opinion of it in these Words. 'This little Book ought to be read by all Sorts of 'People, of both Sexes, of what Age, Degree, Profession, or Condition soever, guilty, or not guilty of the 'Sin declaimed against in it. Is now Sold only by J. ISTED, Bookseller, (Mr. CROUCH, Bookseller in Pater noster-Row being dead.) at the Golden Ball between St. Dunstan's Church, and Chancery Lane. in Fleet-street. Price Stitch'd 3 s. Bound 3 s. 6 d, Where may be had, The SUPPLEMENT, by itself, Price stitch'd, 1 s. 6 d. The Best WATER in the World, Judg'd to deserve that Name by all who have experienc'd it in the following Distempers, VIZ. IT Cures the most inveterate ITCH, tho' of never so long a standing, as also all Scorbutick Humours, and breakings out in Blotches on the Skin, in which Distemper, its Efficacy is so wonderful, that in a few Days it rectifies and cleanses the Blood, and strikes at the very Root of those acid Humours which are the Cause of it, and accomplishes the Cure with all the Ease and Safety imaginable. And as the Water is so great a Purifier of the Blood, and so admirable a Rectifier of the Juices, it has been found of a long Experience to be very efficacious in all Sores, Ulcers and Fistula's, and when apply'd in the case of sore Eyes, it has work'd so great an Effect, that it has given intire Satisfaction when all other Remedies have failed. This WATER is sold only at Mr. Radford's Toy-Shop, at the Rose and Crown, over against St. Clement's Church in the Strand, at One Shilling and Six Pence per Bottle, with Directions for the Use of it in the different Distempers. ELectuarium Mirable; or the Admirable Electuary, which infallibly cures all Degrees and Symptoms of the Secret Disease, with more Ease, Speed, and Safety, than any Medicine yet published. Any old Running, &c. tho' of several Years standing, whether occasion'd by an Overstrain, Weakness of the Seminals or the Relicts of a former Infection, is certainly cured in a short Time, without a Minutes Confinement, Suspicion, or the Use of Astringents; being a Medicine so wonderfully pleasant and easie in its Operation, that the nicest Palate, or weakest Constitution may take it with Delight. Two Pots are generally sufficient to compleat a Cure in most Cases, To be had (with Directions at large) only of the Author, Dr. C A M, a graduate Physician, who has published it Thirty Years, and is constantly to be advised with at his House, at the Golden-Ball in Bow-Church-yard, Cheap side, at Half a Guinea the Pot. N. B. Since nothing is more requisite, in the Cure Distemper, than for a Patient to have free access to cian; therefore beware of buying Medicines from Book-sellers-shops, &c. the Authors of which are always conceal'd, and not to be Spoke with, on any Occasion: And tho' by their specious Pretences) you are promised a cheap Cure, you'll certainly find it very Dear in the End. Verbum sat sapienti. See his Books lately publish'd, viz. His Rational and Useful Account of the Secret Disease. Price 1 s. His Practical Treatise; or Second Thoughts on the Consequences of the Venereal Disease. In Three Parts. viz. I. On the Simple Gonorrhaea Gleets and other Weaknesses, whether from Venereal Embraces Self-pollution, improperly call'd Onanism, or Natural Imbecility. II. On the Virulent Gonorrhaea, or Clap. III. On the Venereal Lues, or Grand Pox, &c. Price 2 s. His Essay on the Rheumatism and Gout. Price 6 d. His Discourse on Convulsions. Price 6 d. And his Dissertation on the Pox, Dedicated to Sir Hans Sloane . Price 1 s. 6 d. All sold by G. Strathan in Cornhil, E. Midwinter in St. Paul's Church-yard, and at the Author's House ebfore-mentioned.

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17320605

OA17420712

THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, and dying Words, OF MALEFACTORS, Who was Executed at TYBURN, On MONDAY the 12th of July, 1742. BEING THE FOURTH EXECUTION in the MAYORALTY OF THE Right Honble . Sir Robert Godschall , Knt . LORD-MAYOR of the CITY of LONDON . Number IV. For the said YEAR. LONDON: Printed and Sold by JOHN APPLEBEE , in Bolt-Court , near the Leg-Tavern , Fleet-street . M,DCC,XLII. (Price SIX-PENCE.) THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, &c. AT the King's Commission of Oyer and Terminer, and Goal-delivery of Newgate, held (before the Right Honourable Sir ROBERT GODSCHALL , Knight, Lord-Mayor of the City of London ; the Right Honourable the Lord Chief Justice LEE; the Right Honourable Mr. Baron REYNOLDS; the Honourable Sir JOHN STRANGE , Knt. Recorder ; and the Right Worshipful Mr. Serjeant URLIN, Deputy-Recorder of the City of London, and Others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex) at Justice Hall in the Old-Baily , on Wednesday, Thursday, Friday, and Monday, the 28th, 29th, 30th of April, and 1st and 3d of May, in the fifteenth Year of his Majesty's Reign. Seven Men, viz. Samuel Wood , John Carpenter , Robert Rhodes , Edward Larrat , John Barnham , alias Burnham , Richard Cooley , and Charles Newton , and one Woman, viz. Elizabeth Powell , were by the Jury found guilty of capital Crimes, and received Sentence of Death. Also, At the King's Commission of Oyer and Terminer, and Goal-delivery of Newgate, held (before the Right Honourable Sir ROBERT GODSCHALL , Knight, Lord-Mayor of the City of London , the Honourable Mr. Justice CHAPPLE; the Honourable Mr. Baron ABNEY; the Honourable Mr. Justice BURNET; the Right Worshipful Mr. Serjeant URLIN, Deputy-Recorder, and Others his Majesty's Justices of Goal-delivery of Newgate, holden for the said City and County of Middlesex) at Justice-Hall in the Old-Baily , on Thursday and Friday the 3d and 4th of June, in the fifteenth Year of his Majesty's Reign. Two Men, viz. Thomas Miller , and Michael Grant , were, by the Jury found guilty of capital Crimes, and received Sentence of Death. While under Sentence, they were earnestly exhorted to prepare themselves by a true and sincere Repentance, for that Change so near approaching, in order to which they were instructed in the Nature of true Repentance, that it consists in not only a penitential Sorrow for Sins committed in an absolute Resolution and determining to lead a new Life, to loth and abhor themselves for what they had done; but in asking with unfeigned Lips Pardon of God Almighty, to throw themselves before the Throne of Grace, and incessantly by fervent Prayer, to implore Forgiveness and Mercy from that God who is just and merciful, whom they had so much offended. Three of them, viz. Burnham, Miller, and Grant, having been guilty of the horrid Sin of Murder, I laid before them the heinousness of that Crime, how dishonourable it is to encroach upon the divine Prerogative of God, who is the Sovereign Lord of Life and Death: The Lord giveth, and the Lord taketh away, says the Psalmist, and blessed be the Name of the Lord. I am the Lord, that is my Name, and my Glory will I not give to another, neither my Praises to graven Images. Isaiah xlii. 8. To me belongeth Vengeance and Recompense, Deut. xxxii. 35. From these, and such - like Texts of Scripture, I proceed to shew 'em the unjustness of their Crimes, how injurious to our Neighbour it is, to take away that Life 'tis not in our Power ever to restore or to make any amends for. I also instructed them from the Holy Scripture in the Nature, End and Design of the Holy Sacrament, The Cup of Blessing, which we bless, is it not the Communion of the Blood of Christ? The Bread which we break, is it not the Communion of the Body of Christ, 1 Cor. x. 16, 17. And they continued stedfastly in the Apostles Doctrine and Fellowship, and in breaking of Bread, and in Prayers, Acts. ii. 42. They were all very much Subject to Illness; but when their Health permitted, were pretty constant in their Attendance at Chapple, Samuel Wood , at his own Request (notwithstanding his being ill) was supported by one of the Keepers, to and from Chapple, and behaved in a very decent becoming Manner; Elizabeth Powell , in the General, behaved well, though she was sometimes obliged to have a little sharp Reproof for indecent Carriage; John Carpenter , when well, behaved penitently; Robert Rhodes , behaved decently, but grew so sick, he was not able to attend nor speak; Edward Larrat was poor and ignorant, but behaved quietly; John Burnham , though of the Romish Persuasion , when well, attended Chappel, but was privately visited by one of his own Profession; Richard Cooley , a Boy 14 Years of Age, constantly attended, and made regular Responses; Charles Newton , though very Sick, Poor, Naked and Ignorant, yet generally crawled up to attend divine Service; Thomas Miller , and Michael Grant , behaved indifferently well; but not with that deep Concern; their heinous Crimes might call for; after the second Sessions, all of them recovered a pretty good State of Health, through the Care of a well disposed Christian, who visited 'em, and gave 'em proper Necessaries to relieve and comfort 'em, and they attended punctually at Chapple. Monday July 5, Report was made to his Majesty in Council of the Ten Malefactors lying under Sentence of Death in the Cells of Newgate, when Edward Larrat of Stepney , for stealing a Weather Sheep, value 40 s. the Property of Thomas Wigans , April 11, Elizabeth Powel of St. Martins in the Fields , for stealing a laced Mob, value 1 l. 2 Linnen Aprons, value 4 s. a Silk Handkerchief, value 2 s. a Case of Instruments, value 4 s. 18 Portugal Pieces, value 43 l. 4 s. a 2 Guinea Piece, 9 Guineas, and 15 s the Goods of Martha Hammers in her Dwelling-House, March 29, Richard Cooley a Boy, and Charles Newton , for breaking and entering the Dwelling-House of Nicholas Faulcon , between 11 and one in the Night, and stealing a Copper Saucepan, a Stew-pan, a Pottage-pot and Cover, a Brass Boyler, 2 large Pewter Dishes, and 7 Pewter Plates, March 30, received his Majesty's most gracious Reprieve for Transportation, the other six, viz. Samuel Wood , John Carpenter , Robert Rhodes , John Burnham or Barnham , Thomas Miller and Michael Grant were ordered for Execut; but on Thursday a Reprieve came down to Newgate for Wood for Transportation for 7 Years. John Burnham was indicted for that he not having the Fear of God before his Eyes, &c. on Henry Oliver feloniously, wilfully, &c. did make an Assault, and with a certain Knife made of Iron and Steal, &c. the right Eye of the said Oliver did strike and cut, giving him one mortal Wound of the Length of half an Inch, and Depth of 3 Inches, of which he instantly died, March 7. He was likewise charged by Virtue of the Coroner's Inquest for the said Murder. 1. John Burnham or Barnham , 23 Years of Age, was born in Dublin of honest Parents, who gave him good Education at School, in Reading and Writing, and brought him up in the Romish Way , his Mother dyed when he was between 8 and 9 Years of Age, his Father who was a Silk Weaver, bound him Apprentice to himself, and he serv'd him honestly, and afterwards worked Journey-Work . Some Years ago his Father came to London , and left John behind him in Dublin , and when he was settled there he sent for him up, and John work'd Journey-work till he became acquainted with a Lady of the Town whom he married, and whom he much reflected on for her not coming near him during his Confinement. He was of an unsettled Temper, loved roving better than working, had been several Times to Ireland and back again; the last Time he went he was made pretty much fuddl'd on his Return, and lost every Rag of his Cloaths (except what he had on his Back.) As to the Murder for which he died, he own'd himself to have have been present at the Time, but absolutely denied giving the fatal Blow, laying it on one Fateface a Companion of his, since transported for Felony, and related his Story as follows, " It has been alledged (says he) that I had a " Broom-stick in on Hand, and a Knife or Dagger in t'other; but I declare I had no Weapon " whatsoever, except a small Stick which a Press " Gang coming along took from me and knock'd " me down, about which Time Oliver the Black, " who had been drinking at the Ship Alehouse " the Corner of Shorter street, in Cable street , " near Wellclose-Square , was in the Street quarrelling and bawling out against some Women " who he said had pck'd his Pocket. When I " and my Companion, with some others, (going " to rescue my Wife out of the Hands of a " Constable who had taken her up for stealing a " Watch) came by, and Words arising, Blows " ensued, and I and the Black fought, but my " Companion gave him the Blow on his Eye, " which occasioned his Death." So far is the Account given by Burnham himself, but how true, or how much to be depended on, is mighty easy to be seen by the strong Evidence against him at his Trial, when it was plainly prov'd, that Burnham with either a Knife or Dagger, struck the Deceased in the Face, and redoubling his Blow, the Black fell to the Ground and never spoke more. The first of the Wounds which was the mortal one, was in the Socket of the Eye, the other of no Signification, was on the Right Shoulder; 'tis true, the Black had in quarrelling with the Women before Burnham struck him, been scratch'd in the Face a little, but not to hurt him. After the Fact was done, Burnham ran away, and was taken hid under the Bench of a Summer-house in a Garden, and being charged with having murder'd the Black Man, he said he had not, and cried out, What have I done? On his making the above Profession of his Innocence, it was natural to ask him, why he flew for it if he knew himself not guilty? his Answer was, because he was afraid of the Press-Gang. On his being guilty of such barefaced Equivocation, I set before him in as strong a Light as the Scripture itself could furnish (and surely there can be no stronger!) how foolish, how sinful it was to make a Mock of God, and to deceive his own Soul, till at length he became more calm, wept bitterly, and appeared penitent. He declared he believed in Christ, and was in Peace with all Men, and died in the Romish Communion. Thomas Miller of Twickenham , was indicted for that he not having the Fear of God before him, but being mov'd by the Instigation of the Devil, did assault Sarah his Wife , giving her several mortal Blows and Bruise, upon her Head, and divers other Parts of her Body, Dec. 6. of which said mortal Bruises she languished till the 19th of Dec. and then died. He was a 2d Time indicted on the Coroner's Inquest. 2. Thomas Miller , near 50 Years of Age, was born in Warwickshire of honest Parents, who gave him good Education, &c. with whom he lived, and followed their Business of Farming , driving the Teams, &c. till he went into the Service of divers Gentlemen in Leicestershire , and other Places, in the Station of either Coachman or Carter , and in all his Places borea good Character. When he was in the 25th Year of his Age he came to London , thinking to better his Fortune, and got into the Service of several Gentlemen, till he married, and then he took a Farm of 60 l. a Year, which Business he followed as well as selling Spirituous Liquors about the Countries. He had several Children by the De ceased, two of which (both Girls) are now living, one in the Workhouse, the other with an Uncle and Aunt of theirs. On that Brother and Sister he used strongly to reflect, as the Cause of bringing him to this fatal End, for the Sake as he said of his Goods, tho' it was prov'd he was indebted to his Brother more than twice the Value of them; he endeavour'd to extenuate his Guilt, by saying 'twas Convulsion Fits only that caused his Wife's Death, notwithstanding it being so plainly prov'd he murder'd her; every Circumstance was so strong against him, that I was surprized he should even attempt an Excuse, 1st, The Evidence of the Woman who saw him knock her down with his Fist, then fetch a Club and give her with it such a Blow on the Head as to make the Blood gush out from her Nose, Mouth, Ears and Eyes. 2d, The Declaration of his Wife as a dying Woman, that after he had thus knock'd her down, he stamp'd upon her Breast, in a violent manner. And lastly, The Testimony of the Surgeon, that this Stamping was the Cause of her Death. I say, after all these concurring material Circumstances I blam'd him, and laid before him the Wickedness of his making any Shadow of an Excuse, and advised him to humble himself before Almighty God, to confess freely his Fault if he hoped for any free Forgiveness, all which had no very great Effect on him, for tho' he appeared a little Penitent, yet I fear his Sorrow and Repentance was not equal to the Greatness of his Crime; he behaved generally quiet, but with somewhat of a moroseness in his Temper not easily to be disguised. He said he repented of his Sins, believed in Christ, and died in Peace with all Men. Michael Grant of London Labourer, was indicted for that he not having the Fear of God before his Eyes, but being moved by the Instigation of the Devil of his own Malice and Fore-thought, did willfully make an Assault on Alice his Wife , and with a clasped Knife gave her one mortal Wound, the Depth of 4 Inches in the Belly, of which Wound she instantly died, May 23. He was a 2d Time indicted on the Coroner's Inquest for the said Murder. 3. Michal Grant , 30 Years of Age, was born in Spittle-fields , of honest Parents, who gave him good Education in Reading and Writing, and Instructions in the Principles and Duties of the Christian Religion, and when he was of Age his Father who was a Weaver bound him Apprentice to the same Business , and Michael serv'd his Time honestly, and afterwards wrought Journey-work , he was generally reckoned a pretty good Hand, had 3 Looms of his own, and was well respected by the different Masters he work'd for. About a 12 Month ago he became acquainted with the Deceased, by picking her up in the Streets, and lived with her as Man and Wife till the fatal Accident. Grant and she had frequent Quarrels, and often Fightings, about Alice going abroad, picking up Men in the Streets, and lying out all Night, Whoring and Thieving, for she stuck at nothing of that sort, and had been an old Street-Walker , tho' a young Woman; in their Quarrels Murder was frequently threatened on both Sides, You Bitch I'll murder you, and You Dog I'll murder you, were Epithets more frequent in their Mouths than any Thing else, which at last prov'd but too true, for on Sunday May 23, being about 6 or 7 Days after Michael had discarded her, she came to his Room, and Words arising, he stabb'd her to the Heart, and she instantly dropp'd down dead. After he had committed the Fact he flung away the Knife, and said, Lord! Lord! what have I done! and would then have given a thousand Worlds were they in his Possession to have recalled her, but 'twas too late, which ought (and Lord of his infinite Mercy grant it may) be a Warning to all those who are the least inclinable to Passion, especially such whose Blows are almost as quick as their Words; my Advice to such is to check themselves only one Moment whenever Passion rises too high, and reflect, that one unlucky Blow is frequently the Loss of two Lives. I say, one Moment's Reflection might perhaps save an Age of Pain. I do not mean in this World only, but in that World (far more to be dreaded by such Wretches) which is to come, an Hereafter that has no Period, an Eternity of Misery, and ten thousand Millions of Ages of Pain. Even admit that Blows should not prove fatal, yet nothing so strongly shews a pusilanimous, mean, cowardly Temper in a Man than his striking a Woman, who is allowed to be the weaker Vessel. It ever was, and I am of Opinion it ever will be looked on as the Mark of a cowardly dastard Temper, even in the brute Creation, 'tis very rare to see Male and Female of any Species fight, but always Male against Male, and Female against Female. Michal Grant was of a morose sullen Temper, could hardly even under his dismal Circumstances vouchsafe a civil Answer to any of his Fellow Prisoners. However he appeared deeply affected, seemed very penitent, said he believed in Christ our only Saviour, repented of his Sins, and died in Peace with all the World. Robert Rhodes , was indicted for that he, after the 24th of June 1736, viz. Sept 3 made and forged and did willingly act and assist in forging and making a certain Paper, partly printed, and partly written, sign'd with the Name of John Thompson , which said Paper-Writing is contained in the Words and Figures following, viz. In the Name of God, Amen. I John Thompson , of the Parish of St. Giles's in the Fields, in the County of Middlesex , Mariner , being in bodily Health, and of sound and disposing Mind and Memory, considering the Perils and Danger of the Seas, and uncertainties of this transitory Life, do, for avoiding Cantroversies, First, I recommend my Soul to God who gave it, and my Body to the Earth or Sea, as it please God. As for, and concerning all my Worldly Goods, I dispose of them as followeth. I give to my Friend Robert Rhodes , all my Wages, Sum and Sums of Money, Goods, Chattels and Tenements whatsoever, as shall be any Way due, owing and belonging to me at the Time of my Decease. I give, devise and bequeath the same to my Friend Robert Rhodes aforesaid, and I do hereby nominate and appoint him to be my lawful Executor, revoking all former Wills; and I do ordain and ratify these Presents to be my only last Will and Testament. In witness whereof I have set my Hand and Seal, the 6th of Sept. 1736, in the 10th Year of his Majesty's Reign. John Thompson . Sign'd, Sealed, published and declared in the Presence of Mary Sempson . John Williams . William Davis . He was farther charged for uttering and publishing the same, knowing it to be false, forged, and counterfeit. 4. Robert Rhodes , 35 Years of Age, of honest Parents in Yorkshire , who educated him to Read, Write, and cast Accompts, fit for Business, and likewise instructed him in the Principles of Religion. When he was of Age he was put Apprentice to a Glasier , and serv'd his Time honestly, and after married a Wife, by whom he had some Children, which are all dead; he left his Wife and came to London , and she engaged herself in a Lady's Service, with whom she travelled to Holland, Flanders, France, and other foreign Parts, and was abroad some Years. Robert being at London , pretended that he believed his Wife to be dead, and being desirous of a Change, he married another at London , and directly took a Cheesemonger's Shop in St. Andrew street near the Seven Dials , and lived there several Years in good Reputation, and had several Children by her, which are all dead. But after some Time Rhodes's Character failing him, he removed from the Seven Dials , and leaving this 2d Wife, lived with his first Wife (who was returned from Abroad) on Tower Hill , and still followed the Cheesemonger's Business , but with little or no Success. After his living sometime by the 7 Dials , he was made Constable and Headborough , which was the beginning of his commencing Rogue, for by his Office being obliged to take up several Thieves, and thereby becoming acquainted with others, he turned Thief-Catcher , and on his Evidence several were convicted, and some executed. One Baker a Lawyer, on whom he swore a Street-Robbery, called him perjured murdering Rascal. This Baker with great Difficulty saved his Life at the Old-Bailey, tho' he lost it afterwards, for being sentenced to Transportation, he died on Board a Ship in his Passage to America. Rhodes being asked in particular about this Affair, prevaricated very much, tho' there appear'd thro' all his Prevarications some Shew of Guilt. He offered on Condition his Life might be saved, to inform against several Persons, whom he and his Wife knew to be guilty of forging Sailors Wills, but his Character not being sufficiently approv'd of, and that the innocent might not suffer for the guilty, 'twas refused. After which he twice attempted to Escape out of Newgate , but was prevented. He seemed in great Hopes, and pretty confident of a Reprieve, which made him more neglectful than he should, or ought to have been: But after the Dead-Warrant came down, and he saw himself included, he changed his Tone, and the confident Face was now turned to a mournful one, and he desired the Sacrament might be given him with the rest, declared he believ'd in Christ, repented of all his Sins, and forgave all, as he expected forgiveness from God. John Carpenter , of Harmonsworth , was indicted for stealing two Weather Sheep, value 30 s. the Property of Isaac Singer , Jan. 9. 5. John Carpenter , 23 Years of Age, was born at Staines , in Middlesex , his Father, who kept the Sign of the Black-Boy , took Care of his Son John's Education, by sending him to School to the Rev. Mr. Broad at Staines , where he was taught to read and write, as well as instructed in the Duties of the Christian Religion; when old enough, he used frequently to assist his Father (who became blind the last ten Years of his Life) in drawing Beer , &c. Work'd in the Day with his Uncle, a Carpenter and Joiner at Tharpe , and in the Evening, assisted his Parent, and seemed very industrious 'till the Death of his Father, which happened about three Years ago, then John, after working at Kensington , Clapham , Deptford , and some other Places, became idle and associated himself with a Company of vile People, with whom he committed divers Enormities. The Fact for which he died, was done in Company with one Pig, who was condemned, but was reprieved for Transportation, Capenter at the same Time made his Escape, and went down to Portsmouth with a View of enterring on Board some of his Majesty's Ships, but having never been at Sea, was refused, and though he was twice pressed in his Return to London, he was let go after Examination; when he arrived at London , he went to an Acquaintance of his, a Glazier, in New-Gravel-Lane , and was there seized, committed to Newgate and condemed. He was a married Man, and his Wife used to visit him while under his Confinement. 'Tis Remarkable, that this John Carpenter is the first Person who suffered for this Crime, since 'twas made capital by Act of Parliament. He said, he did not know the Crime he committed was punishable with Death; but own'd he had been a wicked Sinner, very justly deserved Death, declared his Faith in Christ Jesus, repented heartily of all his Sins, and died in Peace with all Men. At the Place of EXECUTION. SUNDAY Evening they all very devoutly received the blessed Sacrament in the Chapple; Monday Morning they were carried in two Carts to the Place of Execution; in the first Cart were Robert Rhodes , Michael Grant , and John Carpenter , in the second, Thomas Millar , and John Burnham . On Saturday the 10th Instant, two Gentlemen came to Newgate to ask Rhodes about some People he had mentioned o have been concerned in forging Sailors Ws, when he confirmed what he had said before, and mentioned several others, particularly a Person and his Wife who lived by that Practice, and went in a genteel Manner: the Wife he says, always carried a Purse of 50 or 60 Guineas about her, hid under her Arm, and declared also on the Words of a dying Man, that he knew for some Years, that there had been 5 or 600 Pound per Month received at the Pay Office, by e Sale of these forged Testaments: one of Rhodes's Wives, i. e. his first Wife, is now in the Gatehouse Westminster, where she was sent in order to make good the Informations she and Rhodes had given, it being strongly suspected 'twas only done with a View of saving his Life, it being notoriously known, that in the Case of swearing against Tims, Baker and others, Rhodes had been a most wicked vile Man, and went to the Gallows seeming unlamented. Carpenter had nothing to add to his former Confessions; Burnham owned his being in the Mob or Riot, but not that he gave the fatal Blow to the Black, still laying it on his Companion Fat face, he behaved well and was penitent; Grant owned himself to have been a wicked young Man, that he committed the Murder, and suffered deservedly; Miller would not own the Murder of his Wife plainly, though sworn so positively against him by an Eye-witness. After singing the Lamentation of a Sinner, they all went of the Stage, crying out, God be merciful to us, for Christ's Sake, Lord Jesus receive our Spirits. This is all the Account given by me, JAMES GUTHRIE , Ordinary of Newgate . N. B There was the greatest Croud of People both by the Way, and at the Place of Execution, that has been known, supposed to be out of Curiosity, to see so wicked a Man as Rhodes. APPENDIX. An ACCOUNT of THOMAS MILLER , who was Executed for the Murder of his Wife Sarah Miller , taken from his own Mouth, some few Days before his Execution. PASSION, when it once gains an Ascendant over our Minds, is often more fatal to us, than the most deliberate Course of Vice could be; on every little start, it throws us from the Paths of Reason, and hurries us in one Moment, into Acts more wicked and more dangerous, than we could at any other Time, suffer to enter our Imaginations. As Anger is justly said to be a short Madness, so, while the Frenzy is upon us, Blood is shed as easily as Water, and the Mind is so filled with Fury, that there is no Room left for Compassion. There cannot be a stronger Proof of what have been observ'd, than in the unhappy End of this Man, for the barbarous Murder of his Wife Sarah Miller . Thomas Miller , fifty Years of Age, was born at a Place called Spentall Stry , near Ostry in Warwickshire , his Father was formerly a Weaver and Comb-Maker; but left off that Business and turn'd Farmer; he was put to a Free-School at Appleby in Leicestershire , and brought up to Reading, Writing and Accounts, under Mr. Weed, who was Head-Master of the above School; he continued there sometime, 'till grown a sturdy Lad, and then return'd Home to his Father, work'd in his Farming Business, and sometimes drove his Team to Derby , and to Northampton , till he was twenty five Years of Age; then took it into his Head to come for London , where he had not been long, before he was hired to live with Mr. Crow, a Cabinet maker in Gracechurch-street , where he continued about a Year and a half; after that, was hired as a Servant to 'Squire Norris of Hackney , whom he attended to Holland , and in about three Weeks, travelled above 500 Miles, and saw most of the Curiosities in Rotterdam , Amsterdam , Dunkirk , &c. He liv'd about half a Year with this Gentleman, and was discharged; he was sometime after hired as a Servant in the Capacity of what they call odd Man , at the Rate of 8 l. 15 s. per Ann. to Mr. Marlow, of Eltham in Kent , from whom (after living there three Quarters of a Year) he was discharged at a Moments Warning, and a Months Wages paid him, on a violent Suspicion that he was going to contract Matrimony with Mr. M - 's Daughter Jenny; then went to work with Old Hack the Butcher, at Greenwich , about a Month; and lastly, lived with Sir Philip Hall , of Upton , where he became acquainted with his deceased Wife, whose Maiden Name was Sarah Wiggs , born near Watford , she lived Fellow- Servant with him, whom after some Courtship he married. When Miller was married, he quitted Service, and began to deal for himself as a Duffer *; in which Employ he picked up a comfortable Livelyhood, and by Degrees, hired Warehouses in different Parts of the Countries, till he became a profess'd Dealer , and got acquainted with several Gangs of Smugglers, of whom he bought Brandies, and as it was strongly suspected, sometimes help'd to smuggle 'em too; he generally dealt pretty safe, for his Manner was, when he had got a Parcel of Brandies, &c. o take Care and lodge 'em in proper Quantities in his different Warehouses, and then come to London , to buy of a Distiller, such a Quantity as he thought fit, with which he always took Care to have a Permit, which served him at every Place to blind the Excise-Officers; for the Permit of Course served for the Goods bought in London , which he would dispose off before he came away; then again it served him at his own House, which* Duffing is buying Spirituous Liquors from the Still and hawking 'em about, making People imagine 'em to be fine genuine Liquor, which they had smuggled, and to make it appear more like run Goods, they frequently rub the Head of the Cask over with Sand, and swear to you they have just dug it out of the Ballast of the Ship. was a Place called Hammock , about a Mile from Hounslow , then at Shepperton , and so on at every different Place wherever he came; notwithstanding which, he frequently had Excursions with the Excise-Officers, who often took away his Cargo, which sometimes, by throwing a Petition into the Excise-Office, he got again, and sometimes lost, according to the Merits of the Cause, and he well knew when it would bear, and when it would not: By this Time, he became so well known among the Riding-Officers, that he was more narrowly watch'd; and notwithstanding his being very industrious, riding in the Night with his Goods, &c. he was sometimes catch'd and lost Horse and Goods too. The Excise-Officers being one Day out on an Information of some Smugglers being at Chertsey, happened to meet with Miller, with some Goods, which they seized, Horse and all, and charg'd him with being a Smuggler himself, which he strongly denied, on which they insisted upon it, and charged him in the King's Name, that to clear himself, he should assist in taking the Smugglers; and accordingly they provided him, as well as themselves, with Pistols, &c. and immediately set out, and travelled up and down to different Places. About twelve o'Clock at Night they heard the trampling of Horses, and Miller was ordered up a Lane, where he met a Man riding down, who immediately struck at Miller, with somewhat he had in his Hand, and cut him in the Cheek quite to the Bone. Miller directly fired at him, and shot him dead upon the Spot, the Bullets and Slugs which went quite through a Great Coat, two Waistcoats, and Shirt, were afterwards taken out of his Body; the Man's Name was Drew. Miller was taken up on this Account, and try'd at Kingston Assizes for Murder, and was actually condemned; but was afterwards pardoned: 'tis said also, that in a Skirmish he had another Time, he cut a Man's Hand off. After his Receiving a Pardon, he paid four Guineas for his Fees, and was discharged; he went Home to his Wife at Hammock , where he had a House prettily furnished, part of which he let out in Lodgings ; and being fearful of following his own Business for some time, and it being a proper Season of the Year, he went a Hopping, by which he earn'd 9 s. a Week for Weeks, together; his Wife went with him one Week and no more, for she (he says) could make but little of it. From Hammock , they returned to a House upon Twickenham-Common , which was the Place where the Fact (for which he suffer'd) was done, which was in the following Manner. Saturday, December the 5th last, Miller had been to London to Newtoner's lane for some Money, and came back next Morning; and his Wife and he had Words about some Turneps, 'till by degrees he grew into a violent Rage, and took up a Club, knock'd her down, and beat her over the Head and Body in such a Manner, that she bled plentifully at her Nose, Ears, Eyes and Mouth, and not content with that alone, he stampt upon her Body and bruised her to such a violent Degree, that she languished till the 19th and then dyed; he has had seven Children by her, two of which are now living. The following is the Account of MICHAEL GRANT , taken from his own Mouth some few Days before his Execution. MICHAEL Grant , twenty-five Years of Age, was born in Spittle-Fields , of honest, poor Parents, his Mother dying when he was but two Years old, and his Father being abroad in the Guards, he was brought up, and instructed in the Duties of the Christian Religion, and put to proper Schools to learn to read and write, &c. by his Grandfather and Grandmother, with whom he lived, and followed their Business, which was that of a Weaver , till he was nineteen, then work'd for several Masters, and behaved with Honesty and Integrity to them all; he worked about ten Weeks for Mr. Heath, in Hare-street , Spittle-Fields , at which Time his Grandfather John Grant dying, he went home and work'd for his Grandmother, till a Dispute arising about his Wages, he left her, and went to Mr. Andrew's, in Duke-street , Spittle-Fields , with whom he staid about eleven Months: At that Time, through the Persuasion of a young Man of his Acquaintance, one Peter Crippin , he had a very great Inclination to go to Sea, and accordingly they both went together to enter, but Michael not being well versed in the Business of a Sailor, they refused him, though they took his Companion, on his return Home, his Master ordered him to finish his Loom, and then discharged him; after which he work'd for Mr. Lee, in Spittle-Yard , about ten Months; and being discharged there, he work'd at the Water-side, rolling Hogsheads , and doing any Business he could get himself employed about, 'till meeting one Manika, an Acquintance of his, and enquiring of him for a Place, e (knowing Michael o be a good Workman) got him to be employed by Mr. Plea, in Artillery-Lane , who died by that Time Michael had work'd three Pieces; the last Master he work'd for, was Mr. Beckett, to whom he had carried home a Piece of Work but the Day before this unhappy Affair happened. The Manner of his becoming acquainted with the Deceased, whose Name he says was Alice Pedder , was as follows: Going one Night through Spittle-yard , in order to go to his Lodgings in King-street , at one Mr. Gerrard's, where he had lodg'd between two and three Years; he met her, and pick'd her up, and went with her to one Faro's, in Skinner-street , where he staid with her 'till between 12 and 1, and then parted, with a Promise to meet her again the next Day, at the same Place; but did not go, nor saw her any more, 'till about ten Days after, when he met her again walking the Streets , which Occupation he says, she had followed ever since she was 13 or 14 Years of Age, which was near 17 Years, for when she died, she was about thirty; he then went with her to an Ale-house in Bishopsgate-street , and staid with her about three Hours, and again parted. He met her afterwards divers Times, at different Places, 'till at length, one Monday, about a Twelvemonth ago, being pretty much fuddled, she over-persuaded him to move his Things from his Lodgings, and live with her, which he complyed with, and they cohabited together as Man and Wife (though he never was married) till the Time he turn'd her out of Doors; she had been married to three Husbands, one of whom is still alive, and has lived as a Wife with five other Men. They kept a Sort of a Gin Shop in Ship-Yard , Bishopsgate-Street , the Management of which she would frequently leave to Grant, and be out walking the Streets all Night, which occasioned many bitter Quarrels between them. About ten Days before the fatal Accident, Grant had been out all Day with one John Southern , a Person whom he always (on account of the great Likeness there was between them) called Father, and coming home between eleven and twelve at Night, he found that Alice and another Woman had pick'd up a Man, and brought him to their Lodging, though the Man was gone before Grant came home; yet finding her to be flush of Money, and she telling him that the next Morning she would fetch some Things out of Pawn, he insisted on knowing how she came by that Money, which at last she unwillingly confess'd, and they had a severe Quarrel, and he determined then to turn her away, and accordingly the Sunday following, after he and she and his Grandmother had dined on a Breast of Veal, he fairly turn'd her out of Doors, and charged her never to come there any more; and though she promised faithfully never to do the like again, yet he was resolutely determined entirely to forsake her, and never to have any more to say to her; the next Night she came again, and made a very great Noise and uproar, and threw the Things about, and he turn'd her away again, and saw her no more 'till the Sunday following, which was the Day the Fact was done. Sunday, May 23d, after Dinner, Grant being a little in Liquor, laid himself down to sleep, and was awaked by two Men knocking at the Door for a Dram; he got up and let them in, and was going to serve them, when she came in a furious Passion, and began to take the Things off the Shelf, and she saw a Coffee-cup, and said it was hers, and swore she would have it; Grant swore she should not; then she swore again she would, and with that, Grant gave her three or four Blows on the Face, and said, if she would not lay it down, it should be the worse for her, and then beat her very much; with that she pulled a little Knife out of her Pocket, and swore she would kill him, or be killed; she did not offer to open the Knife, but put it into her Pocket again: With that, Grant replied, that is what I wanted, and I'll begin first; Grant then pulled out of his Pocket, a large Clasp Buckshorn Handle Knife, and swore if she would not begin first, he would. Whereupon, Grant run upto her, and thrust it intoher Breast as far as it would go; upon which, she cryed out, God Almighty forgive him, for I do, and she spoke no more, and she expired in about fifteen Minutes. The Deceased Alice Pedder , was sometime since sent to Newgate , on Suspicion of being concerned in robbing the Bristol-mail; but it being prov'd, that she found the Letters, taken upon her, in Moorfields , she was discharged; at this Time, she lived with one Richard Burton , with whom she was tried at the Old-Bailey for robbing a Man in Bishopsgate street of 15 Guineas, and they were both acquitted; after which, Burton went to Sea , and she followed the Practice of walking the Streets , seeking her Prey. If she happened to see a Man in Liquor, he was a sure Mark, for she certainly got his Money and Watch too (if he had any) before she left him. This was her Method of Life, both before she became acquainted with Grant and since, Grant was no Stranger to it, he would often reprove her, and tell her the Consequence of such Ways; but it had no Effect on her, she still went on; he always refused to have any Thing to do with her ill-gotten Goods, and frequently determined to part, and she as frequently staggered those Determinations by her Promises of Amendment. 'Tis not above six Months ago, that Grant and she had a severe Quarrel, on Account of her vile Practices, and he threaten'd to turn her away, and she promised to amend, and the very next Day, meeting the above-named Burton, just returned from Sea, she went and staid with him 3 or 4 Nights; Grant then absolutely refused her Admittance, bidding her return from whence she came; but a Shower of Tears, a thousand Protestations, Wishes and Promises, together with falling down on her Knees, and calling him her dear, dear Grant, soon melted his Heart, altered his Resolutions, and he again took her in. The following Verses was sent to GRANT (who murder'd his Wife) by one of the Followers of Mr. Whitefield. O Lord! Turn thou thine Eye to me a Miserable Sinner. I. DEPTH of Mercy, can there be Mercy still reserv'd for me? Can my God his Wrath forbear? Me the Chief of Sinners Spare. II. I have long withstood his Grace, Long provok'd him to his Face, Would not hearken to his Calls, Griev'd him by a Thousand Falls. III. I my Master have deny'd, I afresh have Crucify'd, Oft' prophain'd his Hallowed Name, Put him to an open Shame. IV. I have spilt his precious Blood; Trampled on the Son of God: Filld with Pangs unspeakable! I! and yet am not in Hell. V. Lo, I cumber still the Ground; Lo, an Advocate is found: Hasten not to cut him down? Let his Barren Soul alone. VI. Jesus Speaks and Pleads his Blood, He disarms the Wrath of God: Now my Father's Bowels move? VII. Justice Lingers into Love. VII. Kindled his Relentings are, Me he now delights to spare: Cries how shall I give thee up? Let's the Lifted Thunder drop. VIII. Whence to me this waste of Love; Ask my Advocate above? See the Cause in Jesus Face; Now before the Throne of Grace. IX. There for me the Saviour stands; Shews his Wounds and spreads his Hands: God is Love, I know, I feel, Jesus Weeps, but Loves me still. X. Jesus answer from above; Is not all thy Nature Love: Wilt thou not the Wrong forget; Suffer me to kiss thy Feet. XI. If I rightly read thy Heart, If thou all Compassion art, Bow thine Ear in Mercy low, Pardon and accept me now. XII. Pity from thine Eye let fall, By a Look my Soul recall; Now the Stone to flesh convert, Cast a Look and break my Heart. XIII. Now incline me to Repent, Let me now my Fall lament, Now my Soul revolt deplore, Weep, Believe, and Sin no more. XIV. Out-cast of Men to you I call, Harlots, Publicans and Thieves, He spreads his Arms to embrace you all, Sinners alone the Grace Receives. No need of him the Righteous have, He came the Lost to Seek and Save. XV. Come O my guilty Brethren come, Groaning beneath your Load of Sin, His Bleeding Heart shall make you Room, His open Side shall take you in; He calls you in, Invites you home, Come O my guilty Brethren come. XVI. Fix, O Fix my wavering Mind, Too thy Cross my Spirit bind. Gladly would I now be cleans'd, Wash me Lord from all my Sins. XVII. Jesue see my panting Breast, See I pant in thee to Rest. Day and Night I cry to thee, As thou art, so let me be. XVIII. Praise God from whom pure Blessings flow. Whose Bowels yearn, on all below, Who would not have one Sinner lost, Praise, Father, Son, and Holy-Ghost. My dear Brother, I beseech you while you have Time, look you unto the Lord, and seek him while he may be found, harden not your Heart against God, for he is merciful and just to every one that believeth. Hear my Prayer, O God, and hide not thyself from my Petitions. The following is the Account of Robert Rhodes , taken from his own Mouth some few Days before his Execution. * ROBERT RHODES , born at Beverley in Yorkshire , when of proper Age was put Apprentice to a Glazier and Plummer in the same Town, but finding his Business not answer he came up to London , where after continuing some Time, he run very much in Debt, which obliged him to leave his Habitation, and getting together what Money he could, he made the best of his Way for Durham , when he came there he went to see several Friends; and being Master at that Time of upwards of 50 l. he dressed very gay, and being among several of his Acquaintance, at last met with a Gentleman who was very ingenious in the Art of Painting, and who had formerly some Knowledge of him at London , proposed to Rhodes to learn him the Art of Painting , which he readily accepted off, and likewise made a Bargain to board him in the House. Rhodes continued in this Station upwards of a Twelvemonth, and after that took a House for himself in order to follow that Business, and having as was observed before, pretty many Acquaintance, might if he had minded his Business have lived comfortably in this Station; but being of a Disposition not much inclined to Business he could not mind it, for instead of being in his Shop, he was continually at some Diversion or other, such as Horse-Races, Balls, &c. which generally stripp'd him pretty well of his Cash, and put him often at his Wits-end to get more; but pretty much frequenting the Billiard-Tables at that Place, used now and then by that Means to get a Supply. During the Time of his House-keeping, he got acquainted with a Tradesman's Daughter of that City, who entertain'd him in the Quality of a Suitor. This Girl he so far insinuated himself into her Affections, that she proved with Child by him; during this Intrigue, Rhodes had so drained this Girl of Money, in order to support his Extravagancies, which obliged her often to rob her Father for him; but making too often free with her Father's Money, she was at last found out, and was taken to Task by him about it, wereupon without any Hesitation she acquaintted her Father that she was married, and that she had frequently took several Sums of Money in order to supply her Husband's Necessities, but would not confess who this Husband was. The old People to be sure was very uneasy at their Daughter's Proceedings, and threatned to turn her out of Doors if she would not confess who she had married; at last she told them that her Husband wuld come there in three Days to see her, for he was gone some Miles off, and then they should see who she had married. With these Words the old People was for the present satisfied, whereupon the Girl took an Opportunity that Evening to acquaint Rhodes with what she had done, and how her Father had missed his Money; and likewise that she had not confessed who was her Husband, and at the same Time with abundance of Tears begg'd that he would direct her how to proceed. To this Rhodes was at a Stand, and as was observed before, his Af * This is the Person who swore against one Robert Hunt and James Timms , at the Old-Bailey , in the Mayoralty of the Right Honourable Humphry Parsons , Esq ; Sessions Book No III. for assaulting him on the King's Highway, on Feb. 12, 1741. and taking from him a Penknife, value 1 d. an Iron Key, value 1 d. and 3 s. 11 d. They were both capitally convicted upon his Evidence, and executed at Tyburn on Wednesday the 18th of March 1741. fairs began to be worse and worse every Day, so that he could not stay much longer in this Place without being arrested and flung into Goal for Debt; but at last thinking if he could by any Means contrive to get a Sum of Money, that he would take her up with him to London and there marry her. She seem'd overjoyed at these Proposals, and told him she would do her Endeavour, but feared her Father was so cautious (since he found out she had robb'd him) that it would be with some Difficulty, but told him she would meet him in the Evening the next Day, and let him know what Success she had; and he told her he would prepare Things in readiness for their Journey to London , so they both parted for that Time. The Girl when she came Home found indeed that her Father and Mother were more careful of their Money, for they had taken Care to secure it under Lock and Key, but she took an Opportunity when they were both a Bed and asleep, to come down very softly, and pick'd their Pockets of their Keys, and so went to the Place where the Money was, and finding but the Sum of 50 l. for they had very luckily converted 250 l. the Day before into Bank Notes, which Notes the Girl not thinking they were of any Service left behind her; after she had done this, she stole softly down into her Father and Mother's Room, and put the Keys where she had found them, and then went softly down into her Father and Mother's Room and bundled up her Cloaths, which she locked up in her Closet till a proper Opportunity, for she was not to meet her Friend Rhodes till the next Evening, and the next Day being Market Day, she knew her Father would be up very early to go to Market, so that she thought she could deal with her Mother very well. The next Morning her Father arose early, and went out according as she expected, and generally those sort of People in their Dealings get pretty merry over a Cup of Ale in making their Bargains, so did her Father, for he came Home about 5 o'Clock in the Afternoon very much in Liquor and went to Bed, and her Mother going out to pay a Visit to a Neighbour of her Acquaintance, in this Time she found means to convey her Cloaths to Rhodes's Shop, which was about a Quarter of a Mile from her Father's House, and he being at Home ready to receive them; Rhodes took in her Apparel, and she told him what she had done, and likewise concerning the Notes, which put him in a sort of a Hurry that she should miss such an Opportunity; but it was now too late, for her Mother had taken her Father's Keys out of his Pocket, and carried them out along with her, and if she staid another Night, in all Probability the Money would be missed, so there was no Time to be lost. Now Rhodes after some Consideration, not caring to go to London, as he had before proposed, and meeting accidentally with an Acquaintance, a Master of a small Vessel which lay at Stockdon , which Vessel was going for France , Rhodes agreed with this Man for his and his Girl's Passage, as knowing the Vessel would go off very soon, and that she could conceal herself Aboard if any Enquiry was made after her. This he communicated, and she very readily agreed to it, as indeed she would comply to any Thing he proposed; so she step'd Home after she had left her Cloaths to see how Things was, and likewise to get some of the Notes if she could; but in this latter Affair she could do nothing, her Mother having the Keys; but as soon as she returned Home, and her Mother came in, she pretended that she was very ill, and wanted to go to Bed, so took her Leave of her Mother, bidding her good Night; but instead of that, she went up into her Room, and when she had a little settled herself, she came down Stairs softly without her Shoes, and stole out at the back Door, and came immediately to Rhodes's House, who had before taken Care to provide for his Jour-ney as well as he could, for he had borrowed a great Coat of one, and several Things of another, and what Money he could of every Body that would lend him any, and leaving a Man in his Shop, pretending to his Creditors that he was going to receive a Legacy about 40 Miles distant from the City, which would satisfy them all; with these Words they were made easy. But to return, as soon as she came in, Rhodes, who was ready dressed in his great Coat, &c. and she being ready likewise, they made the best of their Way for Stockdon , and getting all their Things aboard, and themselves likewise, the Vessel set Sail about 3 o'Clock the next Morning, and arrived with a quick Passage upon the Coast of France, and they both landing, Rhodes's Wife was taken very ill, and continued so for some Days at a little Village in France; at last Symptoms of Death approaching, the Fryars one or two of them came to administer their last Sacrament, which is extreme Unction, (which Rhodes liked well enough, as knowing when she died he had lost all his Care of providing for her, and besides he thought her a very great Clog in his Way, and likewise he could travel more conveniently by himself. After this was over she in a small Space died, and left Rhodes in Possession of about 50 l. with what he had got himself, and all her Cloaths, which Cloaths help'd to bury her; for as soon as she was dead, Rhodes employed a Person to take Charge about her Burial, which cost about 3 l. besides her Apparel, which he made a very handsome Burial for her, which was done three Days after she died. As soon as the Funeral Ceremony was over, the next Day Rhodes proceeded on his Journey towards Paris , and arriving there in about six Days Time, he went to a Publick House which English People kept, and examining the Contents of his Treasure, found he was Master of 40 l. besides his Cloaths, and the next Day he took a Lodging and boarded where several young English Gentlemen Surgeons lodged and boarded, who came over from London, in order to see the Practice at the Hotel-Dieu . Rhodes soon insinuated himself into their Company, and passed for a Surgeon likewise, while he was here he used chiefly to support himself by playing at Billiards. While he lodged at this House, he contracted an Acquaintance with one of these Gentlemen, and Rhodes bought himself a new Suit of Cloaths, and appeared Alamode de France, in a very gay Manner, and he and his Friend used to frequent all manner of publick Places of Note, as Opera's, Plays, &c. in frequenting these Places, he was under a Necessity to break into his standing Stock, and had nigh well consumed it, before he thought of any Thing towards raising a Recruit; at last he got acquainted one Day at the Billiard-Table (which he used to frequent) with a Frenchman, who was expert at that Game, to this Person Rhodes broke his Mind, telling him what a Sum might be raised by their playing Booty together, which he told him he had practised in England with very great Success. The Frenchman approving of the Thing, they consulted to meet together the next Day privately, in order to agree how the Design should be put into Execution, which they settled in the following manner, viz Rhodes was to go to the Billiard-Table proposed, and to play a certain Time, and then the Frenchman was to come in, and he was to challenge Rhodes to play, and whatever was Won was to be snacked between them; this Design succeeded according to their Wish, for they both being very good Players, the Bystanders was not certain which Way to lay their Money, at last pitched on Rhodes, who you may depend upon 't was sure to loose, and when they changed their Sides, the Frenchman likewise lost; they gained considerable by these Stratagems to the amount of a 100 l. between them in a few Days. At last the Frenchman who thought to out-wit Rhodes, proposed that he should let him have the whole Sum which they had before won, and then to go to the illiard-Table, and when they came there, Rhodes was to fix upon a Person, who all the Company knew play'd worse than himself; this Person Rhodes was to challenge to play for a trifling Sum, and if he could get him to play, then the Frenchman was to lay all he could against Rhodes, who was to loose, this Rhodes agreed to, and the next Day they went, and this Stratagem succeeded according to their Design, for the other Person accepted of Rhodes's Challenge, it being but for a Trifle, and Rhodes losing the first Game, encouraged the other to play on, and while they was a playing, the Company came in a pace, and the Frenchman making of his Betts against Rhodes, most of the Company who had seen Rhodes play before betted for him, and by this means the Frenchman who had all the Money, won upwards of 50 l. till he had drained their Pockets pretty well, and when he found he could make no more Betts, he whilst Rhodes was at Play slip'd out of the Room unperceived, and carried all the Money clear off along with him. Rhodes being very intent upon his Game, did not miss him till he was gone out of the Room sometime, and then accidentally turning and missing the Frenchman, he posted away, flinging down his Mace in the middle of his Game, the People wondered at his sudden Departure, as indeed they very well might. Rhodes goes away immediately to where the Frenchman used to frequent, but could hear nothing of him; at last he went to his Lodgings, but was not there, and the People told Rhodes that he had got all his Things away; this put Rhodes into a great Consternation, and he went Home with a very heavy Heart, having but one melancholly Guinea left in his Pockets. The next Day Rhodes rambled all over the City, but could hear nothing of the Frenchman, and by this Time his Guinea being pretty nigh gone, he was at a stand what Course next to take; at last, telling some English Gentlemen a very dismal Story how he had been defrauded out of all his Money, by a Person who had made his Escape; and carrying some of them to the Lodgings where this Frenchman lived, and the People confirming what he had inform'd them; the Gentlemen gther'd amongst them upwards of 5 Guineas, (which Rhodes said was to bear his Expences, and carry him over to England) which they gave him. Now as soon as he had got this Money he made the best of his way for Calais , and when he had arrived there the first House he entered into, who should he meet but the Frenchman, who had before Bilk'd him, (was a Waiting for his Passage.) The Frenchman you needs must think was very much Confounded, at his unexpected Meeting, and could scarce speak at the sight of Rhodes. Rhodes who had always a good presence of Mind, did not fly into a Passion at this unexpected sight; but ask'd him how he could be such a Villain to serve him in the manner he did. The Frenchman pretended to be very sorry for what he had done, and told him he would give him half what he had, which he said was about 30 l. the rest he said he had lost at Hazard; and likewise he appeared by seeing Rhodes at that Place, that he was going to England, and he told him that when they came there he had some Friends that he was to receive 300 l. off, and then he would generously Refund all he had taken away with Interest; this Rhodes seem'd to be well satisfied with, and both being agreed, they supp'd together in a very Friendly manner; the Frenchman putting the Glass about, he began to be very Merry. Now the next Morning about 5 o'Clock the Vessel was to go off to carry Passengers to Dover , this Rhodes understanding, and as was observ'd before, the Frenchman being very merry, Rhodes took an opportunity to give him Quantum Sufficatum, or a Doss of Liquid Laudinum, a Bottle of which he constantly used to carry in his Pocket, this soon clos'd the Frenchman's Eyes, and he fell fast a sleep in the Chair where he sat. Now as soon as this was done, Rhodes call'd the Landlord of the House, and told him that his Friend had over Drank himself and was a sleep, and he desired that he would order him to be put to Bed, for fear he should catch Cold; and likewise told him that he need prepare but one Bed, he intending to lay that Night with him himself. This being done, Rhodes did not sit up long afterwards, but was shew'd up to Bed in the same Room; as soon as he entered the Room, he searched the Frenchman's Pockets, and found upwards of 45 l. besides the 15 which he had given him over Night; then taking all his Linnen out of his Portmantua, Rhodes put it into his own, then went to Bed, and was up in the Morning before 5 o'Clock, and came down Stairs, and told the Landlord of the House, that his Friend was so very Ill that he could not get up to go this Passage, but would wait for the next, and he desir'd nobody might disturb him; for he had not slept all Night. By the time that Rhodes had Drank something, the Vessel was ready to go off, so Rhodes sent his Portmantua on Board, and taking leave of the Landlord, followed himself. Likewise he in the Morning left the Frenchman a Letter of Consolation which he put in his Pocket, was as follows, viz. MONSIEUR, " YOU will no doubt be surpriz'd when you " Awake, and find your Companion flown. " You may thank Providence that I have left " you your Cloaths, I think to take the rest of " my Money and Interest when I next meet you. " Where you not a sad Fellow to cheat me in " the manner you did; however, I must content " myself with that little return I made bold with; " and it would add to my Satisfaction if I could " see your Behaviour when you come to yourself". A Dieu! Morbleau. As soon as he came to Town, he set up a Cheesemongers-Shop , in Little St. Andrew-Street , near the Seven-Dials , and from thence he mov'd to the Corner of Earl Street , in King Street , and there he bore a pretty good Character amongst the Neighbourhood; but when he mov'd into Earl Street , he was made a Headborough , and then he began to loose his Credit, for he took upon him to turn Thief-Taker ; by following these Practices, his Business of a Cheesemonger was reduc'd to such a low Ebb, that at last he took to forging Notes and Wills, which last he suffer'd for. The exact manner how ROBERT RHODES twice attempted to make his Escape out of Newgate, which is as follows. HE had no sooner receiv'd his Doom, but instead of turning his Thoughts on God, and Employing his Time (Mercifully allowed him) for a preparation for Death; he on the Contrary, employed his time in Contriving his Escape out of the Cell's, to affect which he procured some Tools for the purpose; by the Means of one Atkinson, who was an Evidence at that time, against some People for stealing Lead, from St. Sepulchre's-Church, who had no sooner let Rhodes have the Tools, but he went to a Gentleman belonging to the Place, and discovered his design, who immediately had Rhodes secured in a proper Manner. Some time since, having little hopes of being saved, he mentioned about 16 Persons concern'd with him in forging of Wills, and confess'd that by that Practice, they Receiv'd 500 l. per Month, by which Confession he was in great hopes of gaining a Reprieve, tho' he did not so much rely upon that, as the Thoughts he had a second time of attempting his Escape. He invited several of the Persons, under the same unhappy Sentence with him, into the Conspiracy. But none of them took Notice of what he said to them; at that time a Debtor being brought into the Cell's, for some disturbance he had made, amongst his Fellow Prisoner's, had the Liberty of his Wife coming too and fro to him when e'er she pleased; she in going backwards and forwards, was obliged to go by the Door of Rhode's Cell, before she could come to her Husband; Rhodes took the Opportunity one Day, to discover his Design to the Woman, and earnestly insisted on her to get the things for him, and Promis'd her 20 l. two Days after he had got his Liberty, and gave her a Paper to inform her what to get, which she took, and instead of going to buy the things, went to the same Gentleman, with the Paper of her Instructions, and so discovered the whole affair, and Rhodes was a second time secured. Rhodes was about 35 Years of Age, born at Beverly in Yorkshire , has Travell'd most part of England, and likewise Abroad; never liv'd long in a Place, was always very merry amongst his Fellow Sufferer's, and took delight in telling of Rogueries, and how extensive his Knowledge was in his Roguery, of all kinds whatsoever; he was Season'd intirely in Wickedness, and guilty of almost every thing Ill, (except Murder) His Intensions was, that if he had been so successful in his Attempts of Escaping, as he thought to have been, and could have got the other Priso ners with him, for to have intic'd them to stay with him, in one House altogeter, and there to have kept them, until a Reward had been Offer'd for the taking of them, and then to have sent his Wife, to have discover'd where they was, and so have them taken again, and his Wife to receive the Reward, and he himself to Escape, and to go on the Highway till he could get about 100 l. and then to go into the Country, and hire a Farm, and if he should fall short of Cash at any time in his Farming, he propos'd to come nigh to London, and make 20 or 30 l. and so return home. A Paper written by Mr. WOOD, after receiving his Majesty's most Gracious Reprieve. " IF there be an inexpressible Joy in recovering from a dangerous Feaver, and being " delivered from the Jaws of Death, according " to the Course of Nature, and in the Way that " every Man must experience, how much higher " must my Satisfaction rise, who through the " Tenderness of Royal Mercy, am deliver'd not " only from Death, but from the bitterest of " Deaths, that, of becoming a public Spectacle, " and being exposed in my last Agonies, to the " Pity of many, and the Derision of more. " How much do I owe to the Clemency of my " most gracious Sovereign, who in his goodness, " has been pleased to call me from Death to Life, " to rebate the edge of the Law, and by his " Compassion to save me from the just Effects of " my own Crimes, who having never heard of " me, but as an Offender, was yet pleas'd to " take into his Royal Consideration, those mitigating Circumstances, which attended my " Offence, and in consequence thereof, to save " me from my unhappy, but just Sentence. " How can I repay the Kindness of those " worthy Gentlemen, who forgetting all the " Follies of my Life, and this most henious Addition to them, were so humane to concern " themselves in my Favour, and to have more " Pity on me in the Day of my Distress, than in " the Days I once thought Pleasure, I had upon " myself. Who by their Intercession, gave some " Degree of Merit to a worthless Wretch, and " thereby put it in my Power to deserve that " Mercy I have receiv'd. " But above all how thankful ought I to be " to that Supreme Being, who touch'd the Hearts " of these Gentlemen with Tenderness, for my " unhappy Condition, and inclin'd his Majesty " to give Ear to their Request. How sincerely " do I admire the Ways, by which Providence " has conducted me through that Labyrinth " wherein I was be wilder'd with my Folly, and " saw no Issue, but by a Way on which I wanted Courage to look. " Let these Thoughts be ever in my Mind, let " me not forget what I have been, or how I " came to be what I am; let me endeavour to " efface the Memory of my former Faults, by " my future Behaviour; let a just fear restrain me " from what is Evil, and a proper Sense of the " great Mercy I have received, encourage me " to live, so as that it may appear to be well " bestowed. Let me always remember how " much I owe the Royal Hand, that snatch'd me " from the Grave; let me not disgrace those " Recommendations, which my Friends were so " kind to give me, and let me improve the " Remainder of my Life, so that when Death " comes in it's natural Course, I need not desire " another Reprieve. From the Cell's in Newgate , July, 10, 1742. SAMUEL WOOD . The following LETTER Rhodes wrote, and sent it on Thursday last, July 8, To Mr. MANTON, Cheesemonger, in Parkers-Lane , near Lincoln's-Inn-Fields . Dear Cousin, I AM sorry you should have the Trouble to go down to the Gatehouse last Night; the Person as was to carry the Letter, never came, but if you can serve me, Mr. Unwin I dare say will do what he can. Pray go with him to Mr. Doby, and entreat him with good Words, to serve me if you can; don't fail, and if you go down to the Gatehouse, my Wife will tell you what she had in the Strand: Sowe them in a Cloth and carry them to one Mrs. Hust's at Mr. Caterell's in Shoemaker-Row , near the Green-Man in Black-Fryars ; She said she would bring them to me; if she will not; then I desire you to so we 'em up in a dark colour'd Cloth, and then convey the Tools to me to Night about 10 o'Clock, or To-morrow Morning by 4 o'Clock. That I might have them in the Morning, my Wife will tell you how you may get them. You may Buy them for a Triffle Second-Hand; lap some Paper round them, as they dont chink against one another. For God sake, let me have 'em to Night, if possible, and we are sure to be out, for e can do it asie; get a half Inch Spike bit, a large Gimblet, a half Inch Goge, a Chissel, a turning Saw, such as they make Key holes with, not too small, and a pair of Pinchers, they will cost but a small Matter Second-Hand, they don't cost but Twenty-pence, or thereabouts New, but New will not do for me, because they have no Handles. Let them be sharp or they will not do for my Purpose; With the Assistance of God, that will save my Life. For God sake, dont fail, and I will go down as far as Cumberland, or thereabouts, and never see London again was I but out. Dear Cousin, don't fail me. From your Dying Cousin, As long as please God, ROBERT RHODES . From the Cells of Newgate , July 8, 1742. N. B. When you have conveyed the Tools to me, if you have a Mind, you may call, and say, All's Right you hope. ADVERTISEMENT. This Day is Publish'd, In Four neat Pocket Volumes, Printed on a good Letter and fine Paper, Price Bound 12 s. The Second Edition, (with very large Additions, of the most remarkable Trials, down to the present Time) of SELECT Trials at the Sessions-House in the Old-Bailey for Murder, Robberies, Rapes, Coining, Sodomy, Frauds and other Offences; chiefly transcribed from Notes taken in Court. To which are added (not to be met with in any other Collection) Genuine Accounts of the Lives, Behaviour, Confessions, and Dying Speeches of the most eminent Convicts. Among others are the following: MURDER. Sarah Malcolm , George Price , James Hall , Charles Mechlin , Major Oneby, Lewis Houssart , Catherine Hayes , Richard Savage , Capt . John Jane , Capt. Stanley, James Clough , and others. PRIVATELY STEALING. Patrick Gaffney , Phillis Noble , Jonathan Wild , Sir Charles Burton , &c. HIGHWAY, Hawkins and Simpson, Spiggot that bore 350 lb. wt. on his Breast, William Gordon , William Wreathock , Thomas Carr , Elizabeth Adams , William Barkwith , Jenny Diver , James Dalton , &c. RAPES and Attempts to RAVISH. Col. Francis Chartres , Esq ; William West , Adam White , William Robbins , Arthur Gray , &c. SODOMY and SODOMITICAL Practices. George Duffus , John Dicks , George Kedger , Thomas Wright , Charles Hitchin , at that Time was City-Marshal , Margaret Clap , &c. FORGERY. William Hales , Parson Kinnersley, William Newington , Richard Brabant , &c. Printed by John Applebee , and Sold by J. Hodges, at the Looking-Glass, over-against St. Magnus-Church, London-Bridge. N. B. These Trials are not only necessary for all Lawyers, Justices of the Peace, Clerks of Indictments, and other Persons concerned in Prosecutions, &c. but are useful and entertaining to the generality of Readers, containing more in Quantity as well as Cheaper than any Thing of this Kind yet published. 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THE Ordinary of NEWGATE HIS ACCOUNT OF The Behaviours, Confessions, and Last Dying Words of the Malefactors that were Executed at Tyburn on Monday the 15th of August, 1720. THE Sunday preceeding the Execution of the Prisoners, I preached to them from the following Words. Bloody and Deceitful Men shall not live out half their Days. (Psalm 55th, part of the 23d Verse.) We first observed that the Psalmist every where speaks of Murder with conscious Sense of Shame; The Prophet Nathan's Parable had pierced his Bosom, and cut deep into his Heart. Well knew he, that Uriah was the poor Man with an only Lamb, that was tender to him, and lay every Night in his Bosom: His Conscience started at his Guilt; and the prospect of Love that was pleasing late, is shocking now: The Beautiful Bathsheba, and the Blood-stain'd Uriah rise up at once to his View; and in the bitterness of Soul he cries out, Deliver Me from Bloodguiltiness O God, Thou God of my Salvation! (ver. 14.) But deep and hearty was David's Repentance; and for every Pleasure he paid a thousand Tears. Therefore, notwithstanding his Guilt, he hopes God will save him from his Enemies. That Confidence as he often expresses, so particularly in my Text, Thou, O God, shalt bring them down into the Pit of Destruction; Bloody and Deceitful Men shall not live out half their Days. From the Words we observed the following Things. First, We consider'd the Nature of Bloodguiltiness: According to, 1st, the Natural; 2d, the Jewish; 3d, the Christian Law. Secondly, We consider'd Who were meant by Deceitful Men. Thirdly, Very briefly advis'd all to a serious Reflection on the Doctrine; because, Bloody and Deceitful Men do not live out half their Days. First, We consider'd Bloodguiltiness according to the Law of Nature. This is a tacit Law, engraven on the Heart, that plainly exclaims against Murder. For 'tis not agreeable to Natural Reason to suppose that I and another Rational Creature, being both of Us the Right and Property of some Superiour Being that caused us to be, can have a Right to rob that superior Being of that his other Creature by Murder. That other Creature also has a Natural Right lodg'd in him, by the Creator, to enjoy the Light of the Sun; to sleep, and feed, and whatever else the Creator has thought fit to make him capable of enjoying. As therefore, I did not give him this Capacity of Enjoyment, 'tis plain, I can have no Right to take it from him; Unless indeed where I have a particular Commission from God to do it; which is the Case of the Brutes we devour. This is according to the Light of Nature: And even the Heathens of Popayan and Paraguay, Tho' they used to fat up their Captive Foes, to feast upon their Flesh, yet had so much Glimmering of the Dictates of Reason, as to detest, and severely Punish the Murder of their own People; Looking upon no Crimes as Capital but Incest and Murder; But to show their Abhorrence of Them, The Prince with a Dart pursued the Offender and with his own Hands destroyed him. 2d, We consider'd Bloodguiltiness according to the Mosaic Law. This Law, agreeable to that of Nature, is very express against Murder. Whosoe sheddeth Man's Blood, by Man shall his Blood be shed. UNDER this Head, I took Notice of what I have sometimes thought remarkable, viz. That the very Giver of this Law, Moses, should slay a Man, without any Accusation laid against him. This a Hebrew, who had heard of it, thought a Crime; and accusingly said, Intendest thou to kill Me as thou didst the Egyptian Yesterday? It also made a great Noise in the Land, so that Pharoah was acquainted with it: But Moses fled from the Face of Pharoah, and dwelt in the Land of Midian. (Exod. 2. 15.) The Manner of his Slaying Him, was thus; And he spy'd an Egyptian smiting an Hebrew, one of his Brethren. And he looked this way and that way, and when he saw that there was no Man, he slew the Egyptian, and hid him in the Sand. (Exod. 2. 11, 12.) The usual way of Answering this Difficulty, is, either by supposing it a wicked Action, tho' not noted as such in Scripture; Or else, by saying, that Moses had a particular Commission from God to perform this Murder. But certainly that would be an Omission in the Sacred Writ (which far be it from any one to conceive) to leave out such a material Information; because the Murder is committed by a Person who is represented to Us as the Reverse of such a Doer. All Evil-Actions mention'd in Scripture, are mention'd for a Good End; and serve either to deter Us from the same Sins, by the Punishment annex'd to them; Or, to prevent our Despair, by the Sight of God's Forgiveness: But it can serve to neither, of these Ends, to show Us a Virtuous Man Sinning, without noting him as disagreeing from himself. THIS Answer therefore, seems to Me not to come up to the Difficulty. I would rather, with Submission, answer it thus. We must suppose it to be a Lawful Action; and who can assert the Con trary; unless he knew the Nature of the Skirmish between the Egyptian and the Hebrew? For it might be a justifiable Murder, if we suppose the Egyptian to be so beating the Hebrew, as resolving to have his Life; and to be so violent and furious therein, as that the Interposer Moses could not save the Life of the Servant of God, but by taking away That of the Barbarian; I think, with Submission, in that Case, it might be lawful for Moses to do it. The Egyptian was in the nature of an Assaulter, or Robber; and Grotius with the other Ethick Writers, determine, that I and my Friend may defend my own Life at the Expence of a Robber's Blood. And this especially before the Christian Dispensation. To this it may be objected, that Moses need not have looked this Way and that Way, to see if any was near, had he had this Cause for slaying the Egyptian. To this I answer, that tho' this justified the Action in the sight of God, yet Moses knew it would not in the Eyes of Pharoah; who, we may suppose, had rather ten Hebrews should dye, than one Egyptian; As appears from his ordering all the Male Hebrew Children to be slain, only lest the Hebrews should grow too strong. To confirm this Explication, we may observe, that the rescued Hebrew would not, in all probability, have discover'd his Brother and Deliverer, unless he had conceiv'd an Opinion (without thinking so far as Pharoah's Partiality towards the Hebrews) that it was not a Criminal Action, on Account of the Murderous Intent of the Egyptian: And He must be the Discoverer, because we read, There was no one present. (ver. 12.) 2dly, The Christian-Law is much more express against Bloodguiltiness, than either the Natural or the Jewish; insomuch, that, Whosoe hateth his Brother is a Murderer. And agen, Whosoe sayeth to his Brother, Thou Fool, is in Danger of Hell-Fire. So far must Christians be from Murder, that Christ says, Resist not Evil; but whosoever smiteth thee on one Cheek, turn to him the Other also. (Mat. 5. 39.) Contrary to the Jewish Law, which said, An Eye for an Eye, and a Tooth for a Tooth. Secondly, Under the Second general Head we consider'd, who are meant by Deceitful Men, - Bloody, and Deceitful Men. 1st.) By Deceitful Men, may be meant False-Friends. This certainly is very sinful. 'Tis also imprudent, We should well consider before we take a Friend to our Bosom; and better consider before we throw him thence agen. 2dly.) By Deceitful Men, may be meant Thieves. As the Psalmist says, He sitteth lurking in the thievish Corners of the Streets. Psal. 10. 8. It is become usual for Us to see Robbings in the publick Streets; How different are you from the Example of our Saviour; He went about Doing Good, But you Doing Ill: He preach'd Peace thro' the Streets, But you denounce Slaughter and Rapine. Little then would one think, ye had renounced the World at your Baptism, and profest your selves Followers, Pupils, Imitators of Christ. Some in your Conditions have seem'd to value themselves upon their bearing their Misfortunes as becomes Men: But can ye take a sort of Pride in dying Couragiously like a Man, and not be ashamed of having liv'd like Brutes? Was their not something Mean and Base (for that ye will most regard) in inhabiting the Night, and flying the Face of Day, which Man was form'd with an Aspect erect to gaze at? The Apostle says, We are not of the Night, but of the Day; and let us who are of the Day be Sober; putting on the Breast-plate of Faith and Love, and for an Helmet, the Hope of Salvation. 1 Thess. 5. 8. 3dly.) By Deceitful Men may be meant Defamers and Backbiters. This is a Deceit, perhaps as pernicious as the Thief's, tho' not equally liable to Punishment: The Robber despoils Us of our Goods, the Defamer, of our Reputations; One injures Us Clandestinely, The other to our Face. But Christ said, Let him who is without Sin among you, first throw a Stone at Her. Thirdly. The Third General Head was, to perswade All to the Consideration of the Doctrine, for the Reason in the Text, Bloody and Deceitful Men shall not live out half their Days. Under this Head we consider'd the Misery of being cut off in the Pride and Prime of Youth, while the Face of Nature was delightful, and joyous the Light of the Sun: And that this Misery was but the Natural Consequence of Sin, especially of Bloodguiltiness, agreeable to the Text. I lastly conjured them, to compensate for their former evil Lives, by the uncommon Earnestness of their Repentance; Never to leave Assaulting the Throne of Grace, till they had some dawning Assurances of Salvation; But so to expend their few remaining Hours, that they might launch forth from Sorrow to Joy; from Pain to Satisfaction; and from a World of Care into Realms of never fading Pleasures. 1. Matthew Comkins , was Convicted of robbing John Wickers , on the High-way, of 4 Guineas and 16 s. 6 d. The Account he gave me of himself was as follows. He said he was 22 Years of Age; a single Man; born at Tunbridge , where he has now a Father and Mother residing in good Credit and Reputation. He said, they brought him up with the utmost Tenderness, and gave him a considerable share of Learning. He never was Apprentice to any Trade; but was in Quality of a Book-keeper for some time, at a great China Shop in London , where nothing was objected against his Behaviour. He said, he was lately Master of about 400 l. That he then gave himself up too much to Pleasure: He was often advis'd by his Friends to purchase a Place for Life, but never was so happy as to follow their good Counsel; He added, that he liv'd in a very jovial Manner, upon the principal Money, pursuing his Pleasures, and denying himself nothing that might tend to the Gratifying his Inclinations. Upon a Day (as he told me) he took a Ride to Ware in Hartfordshire , alone by himself; but he there got into some Company, they proposed a Game at Cards, which they said they did not well Understand, 'twas a new Game, but they were told 'twas very Diverting. Mr. Tompkins soon undertook to play with them. When he had lost all his Money, he call'd for his Horse, in order to return to London. Upon the Road, he said, he met a Man, of a sober Aspect; whose Occupation he should little have suspected from his Appearance. With this Person he fell into Discourse, and was complaining of the Tricks and Deceits of Cards, and related how he had been served at Ware , where he had been bubbled out of all his Money. The Stranger told him, he need not be necessitated for Money, so long as he was upon an open Road; and in short, gave him a Pistol. The next Gentleman they met, they rob'd of four Guineas and some Silver, half of which he had; and parting with his Instructor at London , never saw him after. This is the Account he gave me of his committing this wicked Action. He also told me, That he had let his Parents know his Misfortunes he was under, but had, at the same time requested of them, not to come to London on that Account, for it was not in their Power to be any way Serviceable to him in that Condition; but that the Sight of them, who had always used him with so great Tenderness and Affection, would greatly aggravate and encrease his Sorrow. He shou'd me a Book, which a Clergyman sent him, which he said had been the occasion of his passing the sad and Melancholly Hours of Confinement, not only with Patience but with some Satisfaction and Delight. The Saturday before his Execution, He told me he had then entirely laid aside all Thoughts of the World, and that the Sight of his Acquaintance was become Painful to him; for he had in some measure habituated Himself to think of Heaven, till it was become Grateful to him in the Consideration. 2. David Lazenby , was Convicted of breaking open the Chambers of Charles Wood , Esq ; in the Night-time, and stealing thence, some Holland Shirts, Cravats, a Beaver Hat, Sheets, a Cloath Coat and Wast-coat, Worsted Stockings, &c. The Account he gave me of himself was as follows. He said, He was 26 Years of Age; Born at Market-Weston in Suffolk , of honest and reputable Parents. He was put Prentice to a Weaver ; to which Trade he served his 7 Years out. But this Employment not being sufficient to maintain him, he said, he went into the Country; Being there at a loss how to employ his time, and procure a comfortable Subsistance, he at last determin'd to set up a Publick House , which he accordingly did; but soon growing weary of that noisy and quarrelsome Life, he returned again to London , where he met with tolerable Encouragement in his own Trade. He said, that at the Time he was Apprehended on Suspicion, he liv'd at Hoxton , where he Employ'd 5 Journeymen under him at the Weaving Business . He told me, that during my Sickness, a Great Distiller in Fore-street had desired to speak with me concerning him; that I would put the Question to him, whether he was not concern'd in robbing his Dining-Room, of several peices of Plate, some marked with his Coat of Arms, and some Plain. When the Prisoner had told me this, I accordingly taxed him, as he was a Dying Man, and had I hoped a value for his Soul, whether he knew any thing of the aforesaid Robbery? But he solemnly protested that he was entirely ignorant of it. Another Gentleman also in Hoxton-Square, apply'd to me, to desire I would put the Question to him, whither he was not concern'd in the Breaking open his House; he having suspected him on Account of some Tickets for an Entertainment, dropt near his House, with David Lazenby 's Name thereto. But the Prisoner said, the Tickets were accidentally dropt by that House, and were for him and some Friends to make merry innocently together. I hope he was sincere in his Declarations. 3. Maurice Fitzgerald , was condemned for the Murder of a Watchman in the Strand . He was about 20 Years of Age; born in Ireland ; his Education was Liberal and Genteel. As to his Behaviour during his Confinement, after the Sentence pass'd upon him, it was Sober and Grave; he constantly frequented the publick Service in the Chappel, where he appear'd not without Devotion and a sense of Religion, making the Responces very duely, and reading the Psalms alternately after me. Notwithstanding this, It has been thought that he did not dye in the Communion of the Church of England; But this I think he would not have dissembled, had it been so; for I put the Question to him, and he told me that he dyed a Member of the English Church. I frequently talk'd with him about the Nature of his former Course of Life, and his Stabbing a Man sometime ago with a Penknife; he seem'd to acknowledge that among all Courses of Life, the Sober and Serene Man bids the fairest for Happiness even here; and that no Satisfaction really consists in having the Spirits always in a Hurry and a Flutter, and in flying about from one House of Obscenity to another. The Account of them at the Place of Execution. Maurice Fitzgerald . At the Tree he spoke to the People present; signifying that he had reason to accuse some Persons as to his being Executed, whom he Named. He then declared, that he dyed in Charity towards all Men; and desired the Spectators Prayers for his departing Soul; adding, that he was pleas'd and easy at his leaving Care and Anxiety. He then gave me a Letter for his Brother; and ask'd me if I had retain'd the Paper he gave me at the Sacrament. He had been Scandaliz'd for Living with a Lady in a vicious Manner, to wit, Mrs. Witworth; That Paper relates to this, and is as follows. SIR, I Beg you will satisfy the World, that I was lawfully Married to Mrs. Witfield, according to the Rights and Ceremonies of the Church of England, as I shall answer before the Great and Good God one Day, and to her. Witness my Hand, this 14th of August, 1720. M. Fitzgerald. David Lazenby . At the Tree, he deliver'd me a Paper, which he desired I would by all means Publish; and was as follows. WHEN under Sentence of Death, one Mrs. Flowers came to me, concerning a Robbery, which one John Young swore her into: Now, I David Lazenby do solemnly declare upon the Holy Sacrament, which I take this 15th day of August, that the said Robbery (at the Quaker's next Door to the Nagg's Head in Islington ) was committed by two other Persons, whose Names are John Brush , and Joseph Smith . Neither was Mrs. Flowers any way concern'd in purchasing the Goods. THO. PURNEY , Ordinary and Chaplain . LONDON : Printed and Sold by JOHN APPLEBEE , a little below Bridewel-Bridge , Black-Fryers .

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THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, and Dying Words, OF THE MALEFACTORS, Who was EXECUTED at TYBURN, THURSDAY the Third of this Instant March, BEING THE EXECUTION in the MAYORALTY OF THE Rt. Hon . Sir , JOHN THOMPSON , Number. I. For the said Year. LONDON : Printed and Sold by JOHN APPLEBEE , in Bolt-Court , near the Leg-Tavern , Fleet-street . M,DCC,XXXVII. (Price Six-pence.) THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, &c. AT the King's Commission of Oyer and Terminer and Goal-delivery of Newgate, held (before the Right Hon. Sir John Thompson , Knt . Lord-Major of the City of London ; the Honourable Mr. Justice Probyn; the Honourable Mr. Baron Thompson, Recorder; and the Worshipful Mr. Serjeant Urlin, Deputy-Recorder of the City of London; and others of his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-delivery of Newgate, for the said City and County of Middlesex) at Justice-Hall in the Old-Bailey , on Wednesday, Thursday, Friday, Saturday and Monday, the 8th, 9th, 10th, 11th and 13th of December, in the Tenth Year of his Majesty's Reign. Eight Men, viz. George Sutton , Robert Campbell , William Wager , alias Cockey Wager, Edward Baker , Gilbert Fruer , Peter Cross , Daniel Jenkyns , and Thomas Strafford ; and three Women, viz. Phillis Fratter , Jane Cooper and Katherine Pollard , were by the Jury convicted of capital Crimes, and received Sentence of Death. And, At the King's Commission of Oyer and Terminer and Goal-delivery of Newgate, held (before the Right Hon. Sir John Thompson , Knt . Lord-Mayor of the City of London ; the Right Hon. the Lord Chief Baron Reynolds; the Hon. Mr. Baron Comyns; the Hon. Mr. Justice Lee; and the Worshipful Mr. Serjeant Urlin, Deputy-Recorder of the City of London; and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-delivery of Newgate, holden for the said City and County of Middlesex) at Justice-Hall in the Old-Bailey , upon Friday, Saturday and Monday, the 14th, 15th and 17th of January, 1736-7, in the Eleventh Year of his Majesty's Reign. Six Men, viz. Joseph Herbert , James Ryan Hugh Macmahon , Gerrard Fitzgerald , James Falconer , and Garret Farrel , were by the Jury convicted of capital Crimes, and received Sentence of Death. As also, At the King's Commission of Oyer and Terminer and Goal-delivery of Newgate, held hefore the Right Hon. Sir John Thompson , Knt . Lord-Mayor of the City of London ; the Hon. Mr. Justice Page; the Hon. Mr. Justice Fortescue Aland; the Hon. Mr. Baron Fortescue, the Worshipful Mr. Serjeant Urlin, Deputy-Recorder of the City of London; and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-delivery of Newgate, holden for the said City and County of Middlesex) at Justice-Hall in the Old-Bailey , upon Wednesday, Thursday, Friday and Saturday, the 16th, 17th, 18th and 19th of February 1736-7, in the Eleventh Year of his Majesty's Reign. Four Men, viz. William Maw , Jeffrey Murrat , alias Morrat , Charles Orchard , and John Watson ; and one Woman, viz. Mary Shrewsbery , alias Threwsberry , were by the Jury convicted of capital Crimes, and received Sentence of Death. While under Sentence, they were exhorted seriously to think upon the miserable Circumstances they had reduced themselves to, and to reflect upon the great Danger of departing from God and forsaking his Ways, which was the Cause that God had forsaken them and given them up unto themselves, to follow their own Hearts Lusts, and the foolish Imaginations of their own pernicious Counsels, which were the only Occasion of all those Snares and crying Sins into which they had fallen, from whence proceeded all the miserable Calamities they were then subjected to; as in old Times, the Jews, who were then God's peculiar chosen People, had the severe Judgments of Heaven inflicted upon them for the like Sins; as we see from Jer 2 19. Thine own Wickedness shall correct thee, and thy backslidings shall reprove thee; know therefore and see, that it is an evil Thing and bitter, that thou hast forsaken the Lord thy God, and that my Fear is not in thee saith the Lord God of Hosts. It was observed hence, That their wickedness and backslidings from God, were the procuring Cause of severe Judgments befalling them. 2dly, That it was their Duty to consider seriously, what an evil and bitter Thing it is to forsake the Lord our God. And 3dly, That as the want of the Fear of God precipitated Men into the greatest Sins and worst of Evils, therefore it was their Duty to despise this World with the Vanities and Evils thereof, and to study and endeavour, in their few remaining Moments, to attain the fear and love of God, in order to dispose them by the Grace of God, for the Joys of another World. They were instructed in the necessary Articles of our most holy Christian Faith, to know God, and Jesus Christ whom he hath sent. St. Jo. 17. 3. Jane Cooper , and Mary Shrewsbury alias Threwsbury , having been convicted of murdering their Bastards, I gave them Instructions suitable to their Circumstances, and endeavoured to convince them of the Heinousness of the Crime for which they were to suffer. I instructed them all in the Nature of the Christian Sacraments; the Obligations of the Baptismal Covenant, and the End and Design, of the Lords Supper, and earnestly advised and exhorted them to prepare for that eternal State) they were shortly to enter upon, and from whence there was no return. In Chappel they all seem'd attentive to the Prayers and Exhortations, and such of them as could read made regular Responses. Once they laugh'd and behav'd very ridiculous Cockey Wager made an Apology that they could not help Smiling, but in the Name of the rest promis'd not to be guilty of any such frolick again. Peter Cross was very sick and indispos'd, but professed to be a true Penitent; as was also Gilbert Fruer . They did not appear affected and tender hearted as became such atrocious Sinners in their most miserable Circumstances. Upon Monday the 28th of February, Report was made to his Majesty in Council, of the eighteen Malefactors under Sentence of Death, (four having died before the said Report was made) and George Sutton , Robert Campbell alias Bob the Glazier , William alias Cockey Wager Edward Baker , David Jenkins , Thomas Stafford , James Ryan , Hugh Macmahon , Garret Farrel , William Maw , Jeffery Morrat alias Murat , the Negro ) Mary Shrewsbury alias Threwsbury , and Charles Orchard , were order'd for Execution. And Phillis Fratter alias Prater , who was formerly condemned for robbing Mr. William Ryder ; Catherine Pollard alias Parlet , convicted of stealing four Silver Plates, the Goods of our Lord the King; Joseph Herbert , for stealing a Silver Mug from the Globe-Tavern in Fleet-street , Gerrard Fitzgerald , convicted with James Ryan and James Falconer , for robbing Mr. North, on the Highway, and John Watson , for breaking open his Master's ( Robert Cook ) House, and stealing a large Quantity of Plate; these received his Majesty's most gracious Reprieve. Gilbert Fruer alias Truer , who was condemned for robbing Mr. Benjamin Short , on the King's Highway, was born near Ipswich he owned he had been a rash inconsiderate Youth; that not caring to settle himself to his own Business of a Barber and Peruke maker , he enlisted himself as a Soldier in the Foot Guards; under Sence he behav'd well, and when he was able, he constantly attended Divine Worship; but falling sick, and being unable to come to Chappel, I atended him in his Cell, and he to be truly Penitent: he owned in general he had been a very great Offender, but conceived some Hopes of Mercy and Forgiveness from God, and declared himself at Peace with all Men. His Illness continually encreasing he died in his Cell on Saturday Afternoon Jan. 8, while the rest of his Fellow Prisoners were at Publick Worship. Jane Cooper of Hestow , convicted of murdering her Bastard Child, was about 27 Years of Age, born at Hounslow , of mean Parents, who gave her all the Education they were capable of. She informed me that she had been marry'd but her Husband dying, she went to Service , and had liv'd in credible Fas and with good Reputation to her self. She own'd she had her self wrapp'd up the Child in the Manner it was found, but she profess'd she never discern'd it had Life in it. She was very sick during her Confinement and so poor and naked, that at last she lost her Sight. She seemed not to be of a compassionate Temper but hard-hearted, and was not to be made sensible of her Crimes; yet she profess'd herself at Peace with all the World, and on Thursday Feb. 3. about 4 in the Afternoon she died. Peter Cross , who was condemned for stealing a Mare, the Property, of William Davis , was about 30 Years old, born of mean Parents in the Country, who could give him but very little Education. He was a marry'd Man and had 2 Children; and to maintain them he followed Country Work , and sometimes the Business of a Higgler . He own'd the Mare was found in his Possession, but made many trifling Excuses on that Account. He attended publick Worship for the first 2 or 3 Days after his Condemnation, but after that, he was taken extreamly ill, and lost both his Senses and his Speech, and on Monday the 3d of Jan. he died in his Cell. James Falconer , who was convicted with Ryan and Fitzgerald, for robbing Mr. North on the Highway, was about 38 Years of Age, born in the West of Ireland near Cork , of honest Parents, who gave him a tollerable Education, and bred him up to the Weaving Business in Dublin ; but not having full Employment, he went to France , and serv'd the French King as a Soldier in the late Wars: He said he was present at the Seiges of Fort Kehl and Philipsburgh , from which Place he deserted and got to London , about 3 Years ago, and here he follow'd labouring Business . He grew very sick and weak under his Confinement, and being of the Romish Communion , would not come to any ingenuous Acknowledgment of his Errors, only he profess'd himself at Peace with all the World: He died in his Cell on Saturday the 19th of Feb. about 6 o'Clock in the Morning. William Wager alias Cockey Wager, was indicted with Edward Baker for robbing Mr. Samuel Lewis on the Highway, and were both found Guilty of the Indictment. They were a second Time indicted for robbing George Sleath on the Highway, and were found Guilty of this Indictment likewise. 1. William Wager alias Cockey Wager, was about 25 Years of Age, born of honest Parents in London , who gave him good Education, and kept him at School, to Reading Writing and Arithmetick, in order to his being qualified for Business; and not neglecting his real Benefit, they instructed him in the Principles of the Christian Religion, and in the Knowledge of his Duty both to God and Man. After this, his Father who was a Butcher by, Trade, took him to his own Business, but he dying, young Wager liv'd with his Mother, who kept Newgate Market , where they had tollerable Business, and he might have liv'd honestly; but being of a perverse and idle Disposition, he could not confine himself to his Business, but got acquainted with Companions of his own Disposition, who soon hurried him to his Destruction. Drinking, Gaming, and Riot, were his chief Delights, and in this Course he continu'd, till want of Money obliged him to think of Ways and Means to support himself. His Companions being under the same Difficulties with himself, robbing upon the Highway; was concluded upon, to be the best and speediest way of obtaining a fresh Supply; and in all Adventures and in all Occasions, Wager prov'd very bold, hardy and daring, and so frequent were the Robberies committed by him and his Gang, in the Countries about London , in Middlesex , Essex , Surrey , Hartfordshire , Buckinghamshire , &c. that in a short Time his Name and Profession were so well known, that he was obliged to go arm'd, and be always upon his Guard, for fear of being apprehended; his Name with the Names of some of his Companions having often been inserted in the publick Papers. He, and Baker his Partner, own'd they were chiefly concerned in the Robbery for which Bonner was lately upon full conviction, and Executed. He also confess'd himself to have been every atrocious Sinner in many other Respects, and he acknowledg'd that his Sufferings were most justly inflicted on him, for his Ingratitude to God and Man, and hi sinning against Light and Knowledge, since Providence had favoured him with a good Education, and which he, to his Shame and Sorrow, had altogether neglected. When he was apprehended in Epping Forest in a Barn, the Constables having been directed thither. By Horsenail the Evidence, they first took Baker with another whom they call'd their Landlord, he being the Person who harbour'd them at this place, and fearing Punishment, he slipt off, and made his Escape; Baker told them that Cockey was in a Barn just by, lying among the Hay, they went and found him there, but the Difficulty, was to seize him; he threaten'd and swore at a prodigious rate, particularly at Baker, who (he knew) had discover'd him; but then said he, adding, an Oath, we shall have the Pleasure to be both jamm'd together. They hand cuffed him, and put him on a Horse with a Man behind him, who had much ado to keep him in order; all the way as they came along towards London and New-Prison , he still continuing to blaspheme and swear at every body he met, not forgetting Baker, calling him a vile Coward, and threatening to do him a Mischief; and to make his Words good, when they were at New-Prison, having got a Knife, he cut and wounded Baker in the Face, and would have cut his Throat had he not been prevented. On Saturday the 25th of December, in Time of Worship, he fell a Laughing; I reproved him sharply, he beg'd a thousand Pardons, and promis'd better behaviour, for the future; yet at two or three other Times he behav'd indecently, and disturb'd all the rest; I exhorted him seriously to consider what he had to do, and told him he had not Man, but God to deal with; and after this he appear'd with an apparent decency. He always with some others, made regular responses, profess'd himself Penitent for all the Sins of his Life; that he believ'd in Christ our only Saviour; and died in Peace with all Mankind. 2. Edward Baker , 30 years of Age, of honest Parents in Bishopsgate-street ; who gave him good Education at School, in Reading, Writing and Accompts, and instructed him in religious Principles. When of Age, his was put out Apprentice to a Weaver in Spittlefields , and serv'd out his Time faithfully and honestly. He liv'd sometime by his Business, and maintain'd so honest a Character, that he was made Sexton of Pancras and Kentish Town . He married a Wife by whom he has three Children now living and lest destitute. He kept the Adam and Eve Ale-house by Pancras Church , and liv'd in pretty good Credit. His Wife died about three years ago, and after, he fell into several Misfortunes by Suretyship, and other Debts, occasion'd by bad Company, Gaming, Drinking, and lewd Women, which forced him to leave his Business and fly from Pancras . He then wrought a little at he Business but of that he was weary, and delighting in nothing but worthless Company, and having no way to get Money, he took on with Cockey Wager, who had been older in the Trade, to rob upon the Highway, with Horsenail the Evidence, Eady who ed, and sometimes with others; he for sometime past committed a great many Robberies came to be known in Town and Cour for a notorious Thief and Robber and had a character as notorious as Wager. He behav'd well while under Sentence, and declar'd himself deeply Penitent for all the Sins of his Life; and said, that wh he was taken, he knew he was a mead Man: About the 26 or 27 of December last, while at Prayers, he behav'd very indecently, which being like to breed a Disorder among all the rest, I reproved him and others sharply; after this he behav'd decently. He own'd that he suffered most justly according to law, and declared that he believed in Jesus Christ, as the Son of God and only Saviour of Sinners; that he was truly Penitent for all the Sins of his Life, and that he forgive all injuries, as he expected forgiveness from God. George Sutton and Robert Campbell , alias Bob the Glazier , for assaulting James Smith , on the King's Highway, putting him in fear, &c. and taking from him a Hanger, with a Horn handle, value 20s. a Silver Watch value 5 l. a Cornelian Seal set in Gold, value 20 s. and 10 Guineas in Money, November 8th. 3. George Sutton , Twenty-three Years of Age of Honest Parents, in Town, who gave him very good Education at School, to read, write, Latin, and had him carefully instructed in Christianity. When of Age, his Parents were very willing to put him to any Employment he pleas'd and he chose that of a House-Carpenter ; at this Business he serv'd awkardly for three Years, and then wearied of any further Confinement, her went to his idle Company, who made him a Partner in all the thefts and robberies, and having inur'd himself to this way of fe he could never give it over; but despis'd all wholesome admonitions of Parents, Relations, and Friends and gave himself up to all manner o Wickedness. He was often a Prisoner in Newgate , and most of the Prisons about Town, yet none of those Chastisements were a warning to him to forbear his wicked Courses. About a Year and seven or eight Months ago, his elder Brother John was taken up, convicted and executed for a Highway robbery. During John's Confinements his Brother George for persuading out upon the Highway, George visited etty often, and seem'd mightily concerned, and resolved against continuing in that manner of life; and when John was carried to Tyburn , George accompanied him in the ist, read to him all the way, and attended him to the last and afterwards took care of his Interment. At that Time he wept bitterly for his Brother, and solemnly protested, that he would abandon his former wicked Company and Ways, and betake himself to a religious and virtuous Life; but all these Resolutions vanished, for he had so strong a Disposition to Vice, that by no means he would forsake his old Companions and Trade. A little while after his Death, he went upon the old Course, and was taken up, convicted and transported; but George not loving the Air of Maryland , though he was sent off well provided of every Thing, yet he longed to return to his Companions in old England , and he accordingly came back again in the same Ship in which he was carried abroad, and soon joyn'd himself to his former Company and follow'd the same way of Life. The special Comrade he pitched upon, was Robert Campbel , whom they call'd Bob the Glazier , and with him he committed the Robbery on Mr. Smith, as mentioned in the Indictment, the Hanger, the Watch, and some other Things being found upon him. This Robbery and one more, wa all he had committed since his Return; but he own'd that for the Space of several Years, even while he was a Boy, he had been employed in thieving and robbing. While under Sentence, be behaved well and better than the rest of these audacious young Fellows, though with too much intrepidity and indifference, not being so concerned and so soften'd as became one in these miserable Circumstances. He was a bold, rash, unthinking young Man. He declar'd his Faith in Christ, that he sincerely repented of all the Sins of his Life, and forgave all Injuries, as he expected forgiveness from God. 4. Robert Campbel , alias Bob the Glazier , 25 Years of Age, of honest Parents, born at Portsmouth , he had good Education at School in reading, writing, and arithmetick, to fit him for Business, and he was instructed in Christian Principles, though that was what he least minded. When of Age, he was put an Apprentice to a Glazier in Bow-Street , Covent-Garden , and served his Time honestly and with Approbation. He married a Wife, who with his Mother and Sisters, often visited him while under Sentence and by whom he left three Children. He plained by way of Excuse for his Wickedness, that he could not get Money to support his Family though this was contradicted by his Friend, who said he did not want Business nor Money, when he was Industrious and willing to work; so that his idle Disposition brought him to his fatal and disgraceful End. When first he took himself to thieving, he stole Lead off Houses, Fowls, or whatever came in his Way; but thinking this a low way of robbing, he got into the Company of the Suttons, and such others who robbed in the Streets, and on the Highways. The first Robbery he committed in the Street was with a certain Person who is gone out of the way, and the next was with George Sutton , after his coming home from Transportation, for which both of them were tryed, convicted and executed. This Robbery he confessed as it was sworn against him, and the other, but was not willing to acknowledge any more Street or Highway Robberies; though he own'd that he was a pilfering Thief it lesser Matters for a long Time past. He pretended, that he had not been wicked as many like him, but us'd to go to Church and keep an outward Decorum, 'till of late he was altogether abandon'd to bad Company. He behaved well while under Sentence, and two Days before he died, when he with six or seven others received the Sacrament very devoutly; he wept bitterly, he declar'd that he believed in Christ his only Saviour, and repented unfeignedly for all his Sins, and forgave all Men. David Jenkins , and Thomas Stafford , for breaking and entering the House of George Dalby , and stealing a wooden Till, value 12d, and 6 Guineas, a half Guinea, and 3l. in Money, October 13. 5. David Jenkins , 15 years of Age, of mean Parents by Hyde-Park corner , had little or no Education, and what he had, improv'd to the worst of Purposes; having been a silly Mischievous Boy, intent only upon Mischief, and from his Cradle he had liv'd by thieving. He had been often in Bridewell for petty thefts and , and was a constant Grief to his Parents who though Poor, yet were honest. He a notorious Sabbath-breaker, and constantly ploy'd the Lord's Day in wicked Practices. He own'd the Crime he was convicted of, and that he went into the House or Shop, and stole the Till with the Gold and Money in it, as sworn by one of his own Partners, and others against him. He behav'd quietly and soberly, but was grosly ignorant, knowing little or nothing of God or Religion. I endeavour'd to instruct him in the most familiar and plain Way, but he was dull of hearing, slow of understanding, hard-hearted, and not accustom'd to think at all. He declar'd his Penitence, own'd that he had been a very incorrigible Boy, and died in Peace with all the World. 6. Thomas Stafford , 14 Years of Age, born of mean Parents, who gave him little of no Education. He was a silly Creature, and accustom'd to all manner of Vice. He confess'd his being concern'd with his Fellow sufferer Jenkins and Jessup the Evidence, in robbing of George Dalby , but would not acknowledge any other Robberies, tho' he could not deny his having frequently committed petty Thefts and Larcenies. He behav'd modestly and quietly, but was very poor and naked, and had a S in his Leg, which occasion'd his keeping the Cell a good Part of the Time he was under Sentence. He had us'd the Sea from a Child, and his Mother a poor Woman, who ca once or twice to see him, told me he had serv'd a Sea Captain at Chester , but about 6 or 7 Months ago he came to London , but did not go to his Father and Mother, but follow'd Jenkins and others, who led him to the Gallows. His Father and Mother not only were ignorant of then Son's being in London , but knew nothing about him till he had been 5 or 6 Weeks under Sentence; when his Mother came to Newgate enquiring after him, if there was such a Boy there, and if he was under Sentence? He said he died in Peace with all the World. James Ryan and Hugh Macmahon of Pancras for assaulting Sarah Smith , in a certain open Field, near the King's Highway; puting her in Fear, and taking from her two Camble Cloaks, value 2 s. a Callomanco Gown, value 5 s. a Pair of Shoes, value d. a Linnen Apron, value 6 d. a Linnen Handkerchief, va lue 3 d. The Goods of Francis Smith , and a Camblet Cloak, value 6 d. the Goods of Eunace Newman , Dec. 5. James Ryan and Fitzgerald who is repriev'd, and Falconer who is Dead, for assaulting James North in the King's Highway, in the Parish of Pancras , putting him in Fear, &c. and taking from him a Cloth Great Coat, a Cloth Coat, 2 Handkerchiefs, a Pair of Breeches, a Holland-Stock, and 10 s. in Money, Nov. 7. James Ryan , Garret Farrel , and Hugh Macmahon , for assaulting Edmund Robottom in a certain Field, near the King's Highway, putting him in Fear, and taking from him a Hat, value 2 s. a Peruke, value 2 s. a Cloth Coat, value 5 s. a Cloth Waistcoat, value 5 s. a Holland Shirt, value 6 s. a Pair of Stockings, value 2 s. a Pair of Shoes, value 18 d. a Pair of Buckskin Breeches, value 10 s. and 3 s. 6 d. in Money, Nov. 26. 7. James Ryan , about 36 Years of Age, born in the West of Ireland of honest Parents, who gave him indifferent Education at School, and had him instructed in Christianity, according to the Popish Way. When of Age he was not of any Trade, but did Country Work with his Father, and sometimes serv'd other People; wearied of staying at Home, he went to Sea, and serv'd as a Sailor a good Part of his Time, having been at Gibralter , up the Mediterranean, at Guinea , East and West Indies , and over most of the World; and being of a good Size for a Soldier , he went to Spain , and listed in the Walloon Guards, with whom he serv'd at the last Siege of Gibralter ; from them, after the Siege was over, he deserted, and leaving Spain , he went some Voyages to Sea, and afterwards to France, and serv'd for some Time in General Buckley's Regiment, in the late Wars at the Siege of Fort Keil and Philips-burgh , where finding there was little to be had but red hot Cannon Ball Bullets, he thought fit to desert, and then he came over to London , where he serv'd as a Labourer to Masons or Bricklayers, and at the same Time robb'd upon the Highway with some others of like Disposition; he had been a very grand Offender, as himself own'd both publickly and privately. When he was last abroad in France , he serv'd some Time, in the Duke of Berwick's Regiment, who was Chief General of the French Army. He was a very extravagant, fiery, hot-headed Man, and when before the Court at the Old-Baily he behav'd in a very strange, uncommon Manner; for upon the Tryal he behav'd very indecently, he reflected foolishly on the Evidence, and every Body who appear'd against him, and denied that the others in the Indictments were concern'd with him. He confess'd all the three Robberies he was convicted of, and how in barbarous Manner they stript naked, and threw into Ditches the three Persons, and left them in that miserable forlorn Condition, as was, sworn upon the Trial. He was of the Romish Communion , was very sick, miserable, poor and naked; he sometimes came to Chapel, and sometimes absented; when at Prayers he sate quietly, and often read a little Book. He declared his Faith in Christ, that he repented of the Sins of his wretched Life, and died in Peace with all Men. 8. Hugh Macmahon , 29 Years of Age, born in the North West of Ireland , of honest Parents, who educated him in a tollerable Manner, and taught him the Christian Religion. In the Romish Way . While he staid at Home Ireland , he did labouring Work in the Country, when advanc'd a little more in Years, he went for a Soldier , and serv'd for some Time in Spain , and leaving that Service, he went to France , where he serv'd in General Buckley's Regiment, and was advanc'd to be a Serjeant in which Station he was when he came over to England last. He was also in the late Wa at the Siege of Fort Kiel and Philipsburgh he staid above six Weeks at London , as he pretended, in his Way to Ireland , whither was going to visit his Wife and Child, and other Relations, having for that Purpose had Furloe from his Colonel or Superior Offic and at London he met with a great Number Persons of his own Country-men, and amo them O' Bryan the Evidence; he knew O' Bry in France, and at London, by coming to Room, and he reflected bitterly upon While he was under Sentence he behav'd well, and when at Prayers he appear'd modest and quiet; he was very poor, miserable and naked. He declar'd his Faith in Christ, that he was penitent for the manifold Offences of his Life, and died in Peace with all the World. 9. Gerald Farrell , 30 Years of Age, born in the County of Kildare in the Kingdom of Ireland , of honest mean Parents, who gave him little or no Education, and what he had he made no Use of, having been of a roving loose Temper; he was not put to any Trade, but work'd as a Labourer , and about Husbandry in the Country; but growing weary of Home, he went to France , and listed a Soldier in General Ruth's Regiment, and was at the Siege of Fort Kiel and Philipsburgh , whence he deserted and came to London about three Years past, where he follow'd labouring Work under the Bricklayers; but his Misfortune was to fall into the Company of O' Bryan and his Companions, and they led him to his Destruction. He behav'd well under Sentence, and when he attended at Prayers, was very quiet, and seemingly attentive; he was very poor, naked and destitue. Ryan, Falconer, Macmahon, and Farrell were all bigotted in the Romish Way . He declar'd that he believ'd in Christ as his only Saviour; was penitent for the many Offences of his Life, and died in Peace with all Mankind. Mary Shrewsbury alias Threwsbury , for the Murder of her Male Bastard Child, by giving it a mortal Wound with a Knife in the Throat, of the Length of four Inches, and the Depth of two Inches, of which it instantly died, February 4. She was a second Time indicted by Vertue of the Coroner's Inquest for the said Murther. 10. Mary Shrewsbury , alias Threwsbury , 23 Years of Age, of honest Parents, who gave her good Education at School, and instructed her in the Christian Religion. Her Father was a Stocking-Weaver, and when she was of Age, put her Apprentice to a Stocking-Trimmer in Wapping ; she serv'd out her Time honestly, and with approbation, and she till she was taken up, wrought at her Business and kept herself very well, and maintain'd a good Character, not being addicted to any Vices, or a loose Life; 'till of late she grew intimate with a Man in Spittlefields, who seduc'd and debauch'd her, and by whom she prov'd with Child of that miserable male Infant, whom she Butcher'd and Murder'd in a most barbarous Manner. She told nobody of her being with Child, and had provided nothing for it; and when her full Time was come, being in Lodgeings by herself, she was deliver'd of the Child, and in the dark with a Knife cut its Throat. Her Landlady coming up, carried away some Things which she threw in the Vault; then another Woman came up, who amaz'd at what she saw, she said to her that she had miscarry'd, and was a Quarter gone. After this, Suspicions encreasing in the Neighbourhood, the Overseer of the Poor came to her and enquir'd into the Matter, she alledged that the Child was thrown into the Vault, which they search'd thoroughly, but could not find: The Overseer setting a Guard upon her for that Night, next Morning brought an expect Midwife, after much searching through the House and Room, and about the Bed, and they found a great many stain'd Clouts; at last going into a Closet by the Fire, she found the Child with it's Throat cut, and the Head almost off. Mary seeing this swoon'd away, when she recover'd, the Midwife asking her how she could treat her own Child, of a good Growth, and come to it's full Time so barbarously? Mary took the whole Blame upon herself, because some suspected the other Woman to be too much concern'd in the Affair. She was kept secure 'till her Recovery, and then sent to Newgate, and at the ensuing Sessions at the Old-Bailey , this Murder was fully prov'd upon her. I representted to her the Atrociousness of such a horrid Cruelty, which she did not disown, but acknowledg'd that she was punish'd most deservedly and justly. While under Sentence she behav'd very well, and to outward Appearance was penitent, and on several Occasions, particularly when she receiv'd the Sacrament, wept and cried most bitterly. She declar'd that she hop'd for Salvation thro' the Merits of Christ's Blood and Sufferings; was sincerely penitent for all her Sins, especially the heinous Crime of Murder and Blood-shedding, and in Peace with all the World. Charles Orchard , of St. George's Middlesex , for assaulting Elizabeth Elly in the King's Highway, putting her in Fear, &c. and taking from her 2 s. 5 d. Oct. 26. 11. Charles Orchard , 16 years of Age, of honest Parents in Shadwell Parish, his Father dying left him young, his Mother married a Ship Carpenter who serves in a Man of War. He was at Sea on Board of the same Ship with his Father-in-law for a Year and a half; but about a Year ago, coming from the Downs to London with his Mother to visit Friends, the Ship sail'd before he return'd, and Charles since that Time liv'd at Home with his Mother, and carried a Basket about Shadwell Market , but ing into bad Company, he was soon a Partner in their Vices. He had no Learning, was groy ignorant of Religion, and tho' I endeavour'd to instruct him therein, yet he was so harden'd and accustom'd to a loose Life, that such serious Subjects had no Impression upon him. He did not deny his having been guilty of small Thefts, and he faintly denied the Robbery of which he was convicted, tho' the Proof was full against him, and had confess'd the same before the Justice, and begg'd the Woman's Pardon upon his Knees. He died a Christian, and in Peace with all Mankind. Jeffery Morat alias Murat , (a Negro ) of St. George's Hanover-Square , for breaking and entering the House of Peregrine Bertie , Esq ; commonly call'd Marquis of Lindsey , about the Hour of Two in the Night, and stealing thence Pair of Silver Breast-Buckles, value 20 s. 2 Guineas in Money, the Property of the aid Peregrine Bertie , &c. Feb. 1. He was a second Time indicted for assaulting Hannah Emberton , in the House of Peregrine Bertie , Esq , commonly call'd Marquiss of Lindsey , putting her in Fear, and taking from her a Stuff and Silk Pocket, value 2 d. a Silver Thimble, value 6 d. a Cork-screw, value 6 d. and Three-pence Half-penny in Money, Feb. 2. He was a Third Time indicted for feloniously breaking and entering the said House, with an Intent the said Hannah Emberton , to kill and murther, against the Peace of our Lord the King, &c. Feb. 1. 12. Jeffery Morat alias Murat , about 16 or 17 Years of Age, was a Black born in Guinea , and could give no Account of his Country nor Parentage, only that he was brought very young to England , and happen'd to fall into a noble Family, who took good Care of him, had him educated at School, and instructed in Christianity, but he seem'd to be of a perverse unthinking Disposition, naturally vicious, and extremely wicked; for altho' he was liberally allow'd, well kept, and wanted for nothing, yet he kept the vilest Company, went to bad Houses, and lately (as he himself confess'd) abus'd and robb'd a Gentleman of a Guinea, after he had dragg'd him into an ill House, and the Gentleman, was forc'd to make the best of his Way, fearing he should be murther'd. The Account he gave of the Fact for which he was condemned was, that upon the first of Feb. last, he spoked to a Shoe-boy whom he call'd Thomas, and they staid together 'till late at Night, having agreed to break into the House of the Marquis of Lindsey; accordingly about Midnight they got into the said House, by opening up a back Window, and hid themselves till 8 or 9 o'Clock in the Morning, and then looking about, they got into some of the Rooms, and stole 2 Guineas; then the House-keeper coming in, was astonish'd to see some of the Doors open, she went to the Kitchen, where Morat the Black assaulted and endeavour'd to murder her, she struggl'd 'till they got to the Top of the Kitchen Stairs, and then he with a Poker knock'd her down, and cut her Throat with a Knife, wounding her in several Places besides, 'till at last he left her for dead; after the Gentlewoman had made most earnest Prayers and Intreaties to spare her Life, Mrs. Emberton gave this in Evidence against him, and this he did notwithstanding she knew him several Years past, the Marquiss of Lindsey's House being within a Door or two of the House of that Noble Family in which the Black served. Upon the Trial, Murat had nothing to say in his Defence, but hanging down his Head, denyed nothing, and looked confounded, having confessed all before the Right Honourable the Lord Carpenter. While under Sentence, he was sick all the Time, did not come often to Prayers, and at last he was so careless of himself, and grew so nasty, that scarce any body could go into the Cell. He knew little of Religion, and when I visited and exhorted him in the Cell, he acknowledged his great Sin, and that he was heartily grieved, having committed this Fact without any manner of Necessity, but merely out of a wicked develish Temper. He declared that he was a Christian, cried to God for Mercy, and was in Peace with all Men. On Tuesday Morning the 1st of March, when the Keepers opened the Doors, he was found dead in the Cell. William Maw , of St. Margaret's Westminster , for that he not having God before his Eyes, &c. upon Charles Dubois , did make an Assault, and him with a certain Bayonet, made of Iron and Steel, value 2 s. which he held in his Right Hand, did strike and beat, giving him one Mortal Wound in the Breast, below the Collar Bone, of the breadth of 3 4ths of an Inch, and the depth of four Inches, January the 20th, by Reason of which mortal Wound he languish'd, and languishingly liv'd from the said 20th, to the 21st of January, and then died. He was a second Time indicted (on the Statute for stabbing) for that he not having God before his Eyes &c. On January 20th, on Charles Dubois , did make an Assault, and in the Fury of his Mind, &c. with a certain Bayonet, &c. the said Charles Dubois on the Breast below the Collar Bone did stab; he the said Charles not having any Weapon, &c. and giving the said Charles one mortal Wound, &c. (as above) of which he languished from the said 20th, to the 21st of January, at which Time, of the same Wound he died. He was a third Time indicted by Virtue of the Coroner's Inquest for the said Murder. 13. William Maw , Twenty-seven Years of Age, of honest Parents in Gloucestershire , who put him to School and taught him to read and to write, and had him instructed in Christian Principles. When of Age, he was put to a Shoe-Maker , and followed that Business for sometime, with his Friends honestly and industriously. About seven Years ago he came to Town, and a young Woman whom he expected corning after him, he married. He listed in one of the Regiments of Foot-Guards and served about seven Years past faithfully; he lived peaceably and loving with his Wife. Upon January the 20th, he had been out with his Wife buying some Gin, and each of them carrying a small Barrel of it Home, to King-street where he liv'd; the Watchman about the Broad-way , enquiring what he had got, a Scuffle ensu'd, upon this he drew his Bayonet and stabbed one of the Watchmen , of which Wound he died next Morning. Maw not suspecting the Man to be mortally wounded, did not abscond nor fly; but the Man being dead, he was taken up next Day and committed to Newgate . The Fact he own'd, but having had no design, he conceiv'd that it was not Murder; I told him that being convicted by his Country, he was obliged to repent as a Murderer, for whoso shedeth Man's Blood, by Man shall his Blood be shed. He was sick, weak, and discouraged, and kept the Cell a few Days; I visited and persuaded him to come to publick Worship. After that he constantly attended Prayers, he always behav'd well, and was devout and penitent: He hoped for Salvation, through the Merits of Christ's Blood and Intercession, and died in Peace with all the World. At the Place of EXECUTION. ABOUT ten o'Clock they were brought of Newgate, and convey'd to Tyburn in four Carts, viz. George Sutton , Robert Campbell and Mary Shrewsbury , for the Murder of her Bastard Child. Wager, Baker, and Orchard in the second Cart. Stafford, Jenkins, and Maw the Soldier , for the Murder of the Watchman in the third Cart. And Ryan, Macmahon, and Farrel, the three Irish Men in the fourth Cart. When they came to the Place of Execution, they all appeared very devout and serious both at Prayers and singing of Psalms; Ryan, Macmahon, and Farrel were of the Romish Communion . Macmahon had before always denied the Robberies he was Convicted of, but then putting it to his Conscience to tell the Truth before he died, he confess'd he was guilty of these and other Robberies, only alledg'd that the Evidence was wrong in some Particulars. Wager and Baker was ask'd, whether they robb'd one Mr. Tonge, a School master? They both reply'd that they knew nothing of it. All the rest of them adher'd to their former Confessions, and added no more, but that they hoped that God would have Mercy upon their Souls. After I had left them, they desir'd a few Moments to Pray by themselves, which being granted, Wager with an audible Voice read to them all, who were very attentive. They went off the Stage frequent praying to God for Mercy, and cried to the Lord Jesus Christ to receive their Spirits. Jeffery Morat the Black , was brought after them in a Cart, to be carried with William Maw to be hung in Chains upon one Gibbet, at a place call'd Shepherd's-Bush near Kensington Gravel Pits . This is all the Account given by me, JAMES GUTHRIE , Ordinary of Newgate . APPENDIX. IT being apprehended that the Publick would be desirous of knowing the Causes which drew on the Misfortunes of the Malefactors executed on Thursday last; some extraordinary Pains has been taken to collect such Transactions as are most remarkable in the Lives of these unhappy Persons, and which might be most likely to give Satisfaction. George Sutton , of whom the Reader has already had some Account, was a young Fellow unhappy in his Family and Education, and to this, his ill Courses may in some Measure attributed. His own Brother John Sutton , was execu at Tyburn on Wednesday the 4th of June 1735 for robbing Mr. Powers on the Highway, and taking from him a Silver Watch, a Chain and Seal value 3 l. 9 s. May 13, and this unhappy Criminal we are now speaking of, rode in the same Cart to the Execution of his Brother. This very melancholy Instance of the Depravity Humane Nature, and a sad Proof, that wh Persons have contracted vicious Habits, and leagu'd themselves with Persons of their own Stamp, no Prospect of a fatal Catastrophe, however near or certain, nor any Examples, however terrible, are able to deter from the Commission of Facts, the Consequence of which must inevitably be Ruin, Misery and Destruction. This George, of whom we are speaking, has often been committed to Newgate , and has been frequently visited there by a very near Relation, who instead of admonishing him to avoid those Courses he was engaged in, always reproach'd him for want of Spirit and Courage and used to be very angry with him for being committed for paltry trifling Robberies; telling him Watches and Snuff-boxes, Handkerchiefs and the like, were scandalous Things to be confined for; advising him when he got at Liberty again to do something remarkable, that the World might talk of him: And urging him, in the next Fact to behave like a Man, and not like a pusillanimous Fool, be hang'd for Trifle. If (continu'd his Adviser) you would shew your self a Man, hire a good Horse, and procure a Pair of good Pistols,-then turn out, and shew your self a brave Fellow. These repeated Instructions, from one under the strongest Ties of Nature to promote and rejoice in his real Interest and Advantage, were no doubt strong Encouragements to him, to proceed from one Crime to another, for the greater the Crime, and the more daring and horrid the Villany, the more likely he was to meet with Commendation and Applause. Thus this kind Adviser of his, has in some Measure been Cause of his ignominious End. Unwillingness to take Pains for an honest Support led this Wretch into criminal Courses: Extravagant and exorbitant Expences tempted him, (while a Youth) to commit frequent Robberies, to support his profuse Way and Manner of Living: Neither his own frequent lucky Escapes from Justice, nor the Example of his ther, who was hang'd before his Face, had y Influence on him; but from the Time that abandon'd himself to an infamous criminal Way of Life, he gave a Loose to his Inclinations, and fouander'd away what he got with View of plundering for more: Consideration and Reflection were entirely thrown off, from a harden'd Conscience proceeded his cking and terrifying Audacity. Nothing (to use the Malefactor's own Words) ore dangerous to us young Fellows, than Company of those odious shameless common Wenches, who frequent our Company, and upon us to partake of our Plunder. These Wretches do all that in them lies to stifle all morse that may happen to arise in our Minds. , in order to gratify their Lusts and satisfy Extravagance, they excite us to commit imes of the most horrid Nature; and in their pers they are generally much more cruel bloody than Men. Their Advice is, alys, to make sure Work, to act safely, and ent Tales from being told, and to kill if we pursu'd. They always partake with us in Debauches; they get drunk as well as we, are common to the whole Gang; yet, if can get any thing by it, they will be the that discover and betray us. And in this spect our Male Companions are pretty much our Females, for oftentimes, even when are eating, drinking and carousing together hearty Friends, we are contriving and designing to betray and hang one another. This unhappy Wretch declared, that he could leave the World without giving an Account of the Life he had led for many Years, with rest of his Brethren. Although (says he) are generally to corrupted from our Childhood that we have no Sense of Duty to God Man, nor the least Regard to Virtue, Honour or Honesty; yet we always have a Hea on our Spirits, and are never without certain painful Apprehensions, which hang upon our Minds so constantly, that we never can enjoy any Ease or Quiet, till we have thoroughly heated our selves with Liquor, and till we are (what we call half Seas over) with Who and Confederates; nor can we sleep sound, unless we reel to Bed. If we go abroad in the Day-time, honest Men may easily know us to be Rogues by our Faces; and our suspicions fearful Countenances are sufficient at any Time to discover us. I have known a Brother Thief by his Looks, by his often turning back, and his sculking thro' narrow Lanes and Alleys, tho' I have not been acquainted with him. When we have gotten a Booty, we divide it equally among our Companions and Mistresses, for every one of us has a Wench, that he calls his own; but when we have a Mind for Variety, we change them among our selves, and they are common to us all. We have particular Houses that entertain and harbour us, and in Cases of Difficulty, or when we apprehend Danger, in these Houses we are conceal'd; and by way of Recompence to the Master or Mistress of the House, we always allow them a Snack in our Gains; and they knowing our Manner of Life, make us pay treble the Value of every Thing we have of them. We have Receivers in all Parts of the Town for the Pla Watches, Rings, Snuff-Boxes, &c. which we steal; but these People seldom give us above a third Part of the Value of the Goods. I have seen a Tankard worth 15 Pounds sold for Five Guineas; and a Gold Watch of the Value of 12 Guineas, sold for Four. This is a true Account of the Life I have led: A Life more miserable than that of the poorest Labourer, who toils for 4 d. a Day; yet such is the Force of Habit, that tho' I am sensible of all this, yet sure I am, if I was set immediately at Liberty, or could make my Escape from the Gallows, I should not be able to refrain from the same Courses, but should instantly return to my old Way of Life again. George Sutton being asked how he returned from Transportation, he said, he paid for his Passage, and so was set ashore in Bappahanack River , near a little Town call'd Hobbs Hole in Virginia ; and having carry'd Money out with him, and wanting for nothing, he travell'd from thence Williamsburg , and so to Philadelphia ; he went on Board Capt. Lindsey, and came over to Dover . Returning to his Friends again, they perswaded him to go to Holland, but he refused, unless they would consent that his Brother John's Wife should go with him: This they agreed to, in order to get him out of the Way again; and his Mother having bought him and his new Lady some Cloaths and Necessaries, went with them to Gravesend ; there she gave them a Sum of Money to employ in Holland. But they, having got what they could from the old Woman, gave her a Slip, and up they came again to London directly to spend what they had got; and no sooner was it gone, but George felt to his old Trade to supply himself; and the Robbery which he suffer'd for was tho first he committed since his Return. He said he could have liv'd very well in Philadelphia , and might have done (he believed) well in Holland, if his Wife would have suffered him to have gone. She, since his Confinement, call'd one Goodman her Husband, and was try'd with him last Sessions; he for robbing Mr. Gearing, and she as an Accessary to that Robbery, and were both acquitted. Wager. This unhappy Person, during the Time of his Confinement, after Sentence, was generally brisk and chearful, and seem'd but very little concern'd at the Prospect of that ignominious Death he was to suffer: And this Temper he maintain'd to the last. On Sunday Dec. 19. in the Evening, a Gentleman visited him in his Cell, not out of Curiosity, but purely with a Design to make him serious, and bring him to a Sense of his Condition. As soon as the Gentleman enter'd, he fell a Laughing, for which, being gravely reprov'd, he begg'd Pardon, and said, Sit I do assure you I can't help it, 'twas always my natural Inclination; and when am put in the Cart and am going to be hang'd, I shall do the same. He was asked, whether the Consideration of his unhappy Circumstances, and the Thought of what would be the End of this his Confinement, did not give him some Un; No, says he, - What signifies it now. If I was to spend my Time over again, I think I would sooner take a Brush and a Basket, and get my Living by Blacking Sh, than live my former Life; but what's done can't be undone; so what signifies plaguing my self about it. During his Confinement in the Cell, he was too senseless of his Condition, and instead of improving his Time to his own Advantage, he employ'd himself in drawing with Chalk, upon the Walls, the Picture of Horsenail the Evidence, hanging upon a Gibbet, and underneath he had wrote, Thou Rogue, this will be thy Fate. On another Part of the Wall he drew his own Picture, and that of his Companion Baker hanging likewise upon a Gallows, and under wrote the Year and Day of the Month they were try'd, and the Day they received Sentence of Death. On another Part he had drawn himself and Baker robbing 'Squire Jones; the Squire in the Middle, and Baker, and Wager on each Side, accosting him with – D - n you Sir, stand and deliver your Cly; if you refuse, shoot you this Moment thro' the Head, for are Gentlemen not to be trifled with. In this Manner he diverted himself to last; and after the dead Warrant came down and he was informed he was included in it, kept the same Temper, and entertain'd himself with the Fate of his Fellow Suffere He on Tuesday last that Morat the Negro was dead is Prison, and had escap'd hanging, upon which he set himself immediately to work, and drew him likewise against the Wall, hanging upon Gibbet; and that he might be right as to Colour of his Man, he drew him with coal. As the Time drew near for his Execution, all his Concern was, that he might have a proper Place in the Cart; he said he was a Freeman of London , and on that Account he should insist (he said) upon taking the Right Hand the Cart. He was asked, whether he was concern'd i Mr. Hasswell's Robbery he said he was, Baker was not present at that Juncture; he in Fig-Lane. He said he knew the very M that had Mr. Hasswell's Watch and Ring; himself had pawn'd the Watch for 22 s. since his being taken up, this Man desir'd to know where it was pawn'd; he happen'd (he said) to blab, and tell him; so the Man fetch'd it from pawn, and like a Scoundrel as he was, he sent him no more upon the Account, than 10 Shillings. The same Night that Mr. Lewis was robb'd, Wager, Baker and Eadey, were riding up a Lane, not far distant from the Place where they robb'd him; and a four-wheel'd Chaise turning a Corner into the Lane, they resolv'd to rob it. They had no sooner given the Word, to make the Driver stop, but 10 or 11 Horsemen, coming from the Races, turned out from the same Corner; they were terribly surprized; at last thought their best Way would be to let the Chaise go off, and attack the Horsemen. The Man that drove the Chaise seeing them in some Disorder, whipp'd his Horses, and drove so violently against Baker, that he was knock'd Horse and Man into a Ditch. However, they made him go off, and up they rode Pistol in Hand among the Horsemen, and robbed every Man of them. From this Company they took about 4 l. and Eadey fancying one of their Horses, he made the Rider dismount, and up he got himself, and rode off with him; as they were going home with their Booty, riding briskly along with his new Horse, which prov'd to be blind, he ran again a Post, and down came he and his Horse to the Ground. This Evening they had not been out above an Hour and a half, yet they brought home to their Rendezvous, near Hornsey-Lane , 14 l. at which Place they had spent 50 l. in one Month's Time. He said, that the Time he was taken he had two fine Horses, one of which he and his Companions had stolen at Hackney , and the other at Cambridge ; one of them he delivered to Birch, which was a very good one, and he suppos'd some of his Companions had got the other. When Birch was taken at Grovesend, he rode a Horse which was stolen out of a Field behind that Town, and which Wager had drove before him from thence. He said that neither he nor his Companions were ever without 5 or 6 good Horses; for whenever they out upon their Adventures, if they saw a good Horse, they must have him; and they had a bit of Ground, which they hired of a Farmer, where they used to keep them, and the Farmer had an Allowance from them for looking after, them, and keeping them always fit for immediate Service. Wager, and his Companion Baker, having robb'd a Lady in her Chariot upon Finchley-Common , of 30 s. in a Yellow Purse, after the Robbery they went to a Publick House there, and drank 6 Bottles of Wine; then Wager went to Bed in the same House, and being informed next Morning that the Lady knew him, and that she liv'd at Coney Hatch , he had the Assurance to go directly to her, and desired her not to appear against him: She, after giving him some Advice, promis'd she would not; upon which he returned to his Companion, and gave him an Account of his Success with the Lady: But before they got out of the House, the Landlord, who knew their Business, came running in, and informed them, that 5 Men on Horseback were in Pursuit of them; and by G-d, Cockey, says he, you are set. Wager looked out and saw them coming, and one of them rode into a Pond at a little Distance from the House to water his Horse; then Wager call'd to Baker, and bid him get ready, for they were all like to be mill'd; Baker happen'd to be drunk and desperate, so he drew his Cutlass and run to the Pond, and struck the Horse with his Weapon, swearing bitterly he would mince them all; and he so terrify'd both Horse and Rider, that away swam the Horse quite over the Pond, and the rest of them we bully'd off some Distance from us. They did not think it safe to return into the House, these 5 Men being in View, and the Dispute they had had with them had so much alarm'd the Country, that there was above an Hundred People out after them; therefore, in the Sight of them all, they mounted their Horses, and took the nearest Way to Whetstone , the Multitude following us, yet none of them had the Courage to attack us, or come near enough to take us. Wager perceiving this, stopp'd in the open Road, and call'd out to a Publick House for half a Pint of Shrub, which was brought him, and which he and Baker drank off. When they came to Whetstone , the People still following them at a Distance, and out of the Reach of their Pistols, Wager stopp'd at a Shop in the Town to have a Lash put upon his Whip; when it was done, he told the Man he would pay him the next Time he came that Way; and then rode off towards the Turnpike, and in their Way thither an old Woman must needs be so curious as to look out of her Window to see them as they rode by; Wager rode up to the House and reprimanded her, in his proper Dialect, and with the But-end of his Whip broke all her Windows, to teach her more Modesty. When they got to the Turnpike, there stood a Man ready to take them; but they rode up with cock'd Pistols in both their Hands, and swore they'd blow his Brains out; but, notwithstanding those Threatnings, the Man struck at Wager with a Pitch-fork, and wounded him in the Thigh. This obliged them to turn down a Lane towards East Barnet ; and finding themselves still to be hotly pursu'd, they took Shelter in a Wood; but they had not been there long, before all the Keepers were out after them; when they came up to them in the Wood, Wager and Baker turn'd upon them, and the Sight of the Pistols put the brave Keepers to Flight. Then they cross'd the Forrest, and made the best of their Way to Endfield Marsh . Here they found the Pursuit still hot after them, so they were obliged to ride eleven Miles farther, and were all that Day and all the next Night on Horseback; yet they were not tired, for if their Horses did not tire, they never should. He said, tho' Horsenail had us'd him ill, in turning Evidence against him, yet he ought to have consider'd, that he was the Person that put him into a more Gentleman-like Way of subsuting himself than he was in before; for he (Horsenail) and Eadey us'd always to rob meanly on Foot, (which Wager scorn'd to do) that he provided them with Horses, and equipp'd them for Highwaymen, which was in August last, they never having got any Thing on the Back of a Horse till that Time. Wager being once inform'd that about ten Miles out of Town he might speak with one 'Squire Jones, and an Exciseman on the Road, and get from them a Booty of about 70 l. took Horse and went out to meet them. The Exciseman was a stout Mans 6 Foot 2 Inches high, and he always rode a Horse worth Guineas. We heard of them (said he) Waltham Turnpike, and soon came up with them. Mr. Jones was in his Chariot, with the Exciseman, and Mr. Jones's Footman rode the Exciseman's Horse. We were but three of in Company, myself, Baker and Horseman However, we resolved to attack them: So Baker went up to the Heads of the Horses, and I rode to the Chariot Door, and bid them give me all their Money; Mr. Jones jump'd out his Chariot and fir'd among us, hap-hazard; he miss'd us, but he shot the Exciseman's Horse dead under his own Footman. I swore I would shoot him thro' the Head, and he said, G- d-n you, shoot and you will, I will not robb'd. We were under some Apprehension this Time that we should come badly off, when Mr. Jones fired, a Ball whizz'd close Horsenail, and he cry'd out, - by G-d I am shot, and away he gallop'd as hard as could; but Baker and I stood to them aga and attempted to rob them; this was about o'Clock at Night; we got about 6 or 7 Guineas from them, and a Watch. Baker fris them on one Side of the Chariot and I on the other, but we could make no more of them for it being near the Turnpike, there was an Hundred People after us immediately; so we did not think it safe to stay any longer with them, only at parting I bid them to home and tell their Spouses they had been robb'd, and by a little Boy whose Name was Cockey. Find we were like to be warmly pursu'd, we rode the Chace, and shelter'd ourselves for some time in a Wood; and when we thought the Hurry was a little over, we ventured out; and th very Night we committed two or three Robberies in our Way to London ; I put up my Horse when I got to Town at the Green Dragon in Whitechapel : And on the Sunday following, when I sent for him, in order out again, they sent me Word that my Horse had been hurt, and that he was dead. I very sorry for my Horse, for I have often him 40 Miles a Day; and that very Day robb'd Mr. Jones I believe I had rode him more. When we attempted Mr. Jones and the Excise-man, we had a Design to have carry'd off the Horse that was kill'd, because we knew him to be worth a great deal of Money. We often had Occasion to ride hard, when we were pursued; and we knew the Exciseman's Horse would go an Hundred Miles in 16 Hours, with he Master's heavy Weight upon his Back, and he would have been worth an Hundred Pounds to us; he would have been of Service to us even in this Robbery, if we could have rode away with him, for in 3 Minutes Time the Alarm of Highwaymen was all over the country. I could (said he) have shot them all, but I never kill'd any Body in my Life, nor ever fir'd a Pistol above twice, and then with no Design to till any Body. Indeed, when I was taken in the Barn, I can't say whether I should not have done some Execution among 'em, if I had had Room and Fire-Arms; but I never carry'd any about me, but when I went out upon Business. Baker us'd always to carry a Blunderbuss under in Coat, and he might (when we were taken) have kill'd them all Four as easy as I can kiss my Hand, for they were in a Pannick, notwithstanding there were so many of them when they ed me. After I had committed many Robberies, my Friends advised me to get over to Holland; and having got a little Money together, about 28 l. I agreed to go; and, in order thereto, I went in Horseback from London to Stirbitch , and from Stirbitch I intended to go to a Place called Marsland in Norfolk, by the Sea-side; and here I knew I should meet with a good many Smuglers, with whom I was acquainted, and with whom I should find a safe Passage; but meeting with a certain Person on the Road, I told him I was resolved to leave my Trade and all my Companions; and I informed him, I was then going to Holland; he dissuaded me from the Design, and begg'd of me (if I was resolved to ) to bear him Company to Stirbitch Fair , and see what he could do there before I went. I consented to bear him Company, and as we were upon the Road, he told me he had but little Money, for he had entrusted a Man to sell for him 3 very good Horses, (which he had stolen) and the Man was run away with all the Money; so I sent him 7 l. out of my Pocket, and went with him from Stirbich to Haverton , and as we met with Nothing all the Way we came, I was to go with him to London to be paid my 7 l. But a little on this side Harlow, who should we meet, but Horsenail and Baker? They were out upon the Game, and they perswaded me not to entertain any Thoughts of leaving my old Friends, and with a little Perswasion they got a Promise from me not to go to Holland, and I agreed to ride in their Company again. We had so little Business (in our Way) after this, that I spent 8 l. before I received a Penny. I think we did no Business for a Fortnight; but Money falling short, I summon'd my Company together, and out we fally'd for a Supply, and that very Night we made 14 l. from one Company on Horseback in Hartfordshire , not far from Ware . I took them to be all Malsters, and the lying Rogues put us off with 15 s. at first, and said that was all the Money the whole Company was worth; but I searched them, and we collected about 14 l. from them. The last Robbery I committed with Horsenail was on Finchley-Common , where we got five Moidores, five Guineas, thirty-six Shillings in a Cloth Bag, and a Silver Watch. And Horsenail broke the Man's Head with the But-end of his Whip, because he told us he had no Money, charging him to remember telling Lies for the future. We generally went out two and two, 2 went one Road, and 2 another, and what we got we always honourable Shared, and never (I believe) play'd Sink'em upon one another: We were always upon Honour. We have made so good a Hand of our Business, that I believe I may say twenty Watches have been pawn'd and sold upon Account of the Company, in six Weeks Time, and among them, we generally had two or three Gold ones. But Bonner's Trouble began to make me look about me, and from that Time, I seldom or never was to be seen in London; but hid my self in Barns and Stables when we come off the Road, and never appear'd but upon Business. And from one of my hiding Places I was taken, and brought to Town: if Baker's Horse had not unfortunately wanted Shooing, the Thief-takers might have search'd the Barn long enough before they had found me: For that very Morning I got up at four o'Clock, and he and I were to have gone out to have spoke with the Higglers; but when we came to look at our Horses, Baker's Horse's Shoes were out of Order. While we were talking about this, we saw a Man in the Field; I bid Baker lock me in the Stable, and Baker set the Man's Brother (at the House to which the Barn belonged) to watch when the Coast was clear, that I might come in to Breakfast, for the Tea-kettle was upon the Fire, and Baker and I were to return to Breakfast after we had look'd at our Horses. Baker and he were coming to let me out of the Barn (or Stable) and while they were in the Field, they saw the Thief-takers coming up to them: The Man made his Escape, and Baker might have done the same, if he had not been a Fool, for he saw them long enough, before they were upon him, and he was arm'd; but he let them take him, and basely told them, that I was in the Barn; so up they came, and lifted the Door off the Hinges; I heard them before they got in, and hid my self in a Place like a Hay-lost, and cover'd my self with Hay. They hunted about above half an Hour before they found me, and when I was discovered, they were afraid to take hold of me; one said, do you seize him, and another, do you, and they all of them trembled and were frighted out of their Wits. Gentlemen says I, if you want me I'll come down, they told me I was the Person they wanted, so I came down and they seiz'd me; but if I had any Arms, they should not have come near me. Cockey Wager before his Execution, own'd he had been concerned in some Robberies with Thomas Taverner , who was executed July 9, 1734, for robbing Mrs. Russel on the Highway. About five in the Evening the Day before he died, his Wife and a Child came and took their last Farewell of him, in a very moving Manner; abundance of Tears were shed on both Sides, and she declared that all the two Years they had been married together, she had not one Hour's Comfort; that she very seldom had any of his Company, and sometimes after a short transitory Visit, was many Months before she saw him again. They parted in a tender Manner, he blessed them both, and pray'd God to be their Protector when he was no more. About nine Days before the dead Warrant came down, two Women came to enquire for James Ryan , and one of them said she was his Wife. One of the Keepers informing him that his Wife desired to see him, he asked which of his Wives it was; but however, says he, let her come in. When she came into his Cell, he affected not to know her, and said she was not in the Number of his Wives. She begg'd of him not to forget her, and said, don't you remember we were married in Shoreditch about five Years ago, and that I have had two Children by you; she cryed bitterly, and told him, she alone was his lawful Wife, and that she had suffered a great deal upon his Account. Well, well (said he) have you brought me any Money? She said no, she had no Money at all then, but would bring him some next Morning. He d - d her for a drunken B-h, and bid her be gone, for she was none of his Wife, nor did he desire any of her Company, unless she brought him some Money. O! Jemmy (said she) have you forgot your carrying me to French Flanders, and cutting my Throat there? don't you remember you were frighted out of your Wi, when you thought you had kill'd me? don't you call to Mind, your striping me almost naked, and turning out of the Regiment, because I could not turn Catholick? He said it was a d - d Lye, and that he knew nothing of the Matter, but the Woman shew'd the scar in her Throat, and said he did it with his Knife. But though he would not know any thing of her this Time, yet she came again next Morning with some Money for him, and then they agreed a little better together. When he was at the Bar, he own'd Cole (the Woman that was tried with him as an Accessary) for his Wife; but while he was under Confinement, several Messages and letters (mighty full of Love) came from other Wi but it was not thought proper to teize him, under his Circumstances with any more of them. The following LETTER was sent to one Richard S - h, near Moor-fields. ' I Hope my Penitence will attone for my Sin ' to God, as my Death will satisfy the ' Law, but considering how much you have ' to do with my Crime, it will certainly become you to lay to Heart my Punishment. ' Altho' the Law hath taken hold of me only; ' yet God will punish you if you do not sincerely repent, being the Author of my Destruction; God is merciful, and to his Mercy ' I trust, but he will have Mercy only on the ' Penitent, of which you have need to think ' as well as I. Let my miserable and shameful Death be a Warning to you, and make ' you more careful of your Actions in the latter Part of your Life, than you have been in ' the Beginning of it. More of my last Moments I cannot spare; and therefore conclude ' my self, Yours in Death, MARY SHREWSBURY . The following PAPER was design'd to have been spoken by Mr. BAKER, at the Place of Execution; but there being so much Noise and Disturbance that he could not. Good People. ' IT is a Custom, I have observ'd, for us unfortunate Persons, who are condemn'd by ' the Laws of their Country, to yield up their ' Lives as an Attonement for the Facts they ' have committed, and are Convicted of. You ' see me before you, who have been a notorious Sinner, now a miserable Object of Shame, ' ready to die by the just Sentence of human ' Law, and on the brink of another World, ' where I am to appear before a great Judge, ' unto whom all Hearts are open, all Offences ' known, and from whom nothing can be conceal'd; pity my Condition, pray for my Pardon, and let the Sight of my Death work ' serious Thoughts and unfeigned Repentance ' in your selves. ' It were needless to trouble you, and perplex ' my self with Repetitions of those, Crimes, ' which in the Course of a Life I have committed; it is sufficient that I own the Commission of that Fact for which I die, acknowledge the Justice of that Doom which ' sent me hither, and die in perfect Peace and ' Charity with all Men. ' In the Course of my Follies, as other Men ' have done, I have proceeded from one Vice ' to another, from Iniquity unto Iniquity, untill the Justice of Providence brought this ' heavy, this mortal Evil upon me. Many ' who are Spectators of my unhappy Death, ' may be Practicers of the same Sins which ' have stain'd my poor Soul, and they would ' do well to reform by my Example, for this ' Purpose I am brought hither, and that my ' Death may answer this Purpose, I pray with ' my last Breath; and therefore I trust the ' Wisdom and Goodness of God will sanctify ' to me this dismal End, by making it a Warning to others. ' Particularly, I wish the Ignominy of my ' Fate may make proper Impressions on him ' who was the Partner of my Crime, tho' he ' has been fortunate enough to escape being the ' Partner of my Punishment; let this be perpetually a Memorial unto him of God's Mercy ' towards him, and may he improve the remaining Part of his Days in the Service of ' his Creator, and grateful Acknowledgment ' of his Favour towards him; otherwise the ' making an ill Use of this Blessing will augment his Offences, as persevering in that Course ' will finally bring on Ruin, which the Lord ' of Mercy avert! There is nothing now remains, but that trusting in the infinite Mercy ' of God, and in the Merits of my Saviour, ' I submit to what my own evil Deeds have ' subjected me to. Once more I humbly and ' earnestly entreat the Prayers of all good Christians for my departing Soul, and that when ' I am dead, they will suffer the Memory of ' my Crimes to die with me. Lord have ' Mercy on me, Christ have Mercy on me, ' and receive my poor departing Soul. Cells in Newgate , March 2. 1736. EDWARD BAKER . ADVERTISEMENTS. This Day is Published, (Recommended to all Devout Persons for the present Season) Printed on a large Letter, the Sixth Edition, of SACRAMENTAL DEVOTIONS, and suitable Meditations, adapted to the Communion Office Compiled out of the Church-Liturgy, and many other eminent Tracts of Devotion, for Private Use. This in Remembrance of me, 1 Cor. xi. 24. Compiled by the late eminent Mr. Colston, the worthy Brother of the ever memorable Mr. Colston of Bristol, for his own private Use. Revised by James King , A. M. late Preacher of the New Chapel in Long-Acre . Printed for R. and J. Hazard, against Stationers-Hall, near Ludgate. Where may be had, The Holly Week Or, Paion Week before Easter is Meditations, &c. on the last Sufferings of Our Saviour Jesus Christ, price sticht. 3 d. 2. The Church of England Man's private Devotions, being a Collection of Prayers, out of the Common Prayer Book to which is added: The Feasts and Fates of the Church of England explain'd, price 1 s. bound. 3. The History of the Bible, with 200 Copper-Plates, price 2 s. bound. To be SOLD, At POWELLS painted Floor Cloth Warehouse, and Turner's Shop, against Charles-Court, near Hungerford-Market in the Strand, London. THE best of painted Floor-Cloths of all Sorts and Sizes, ready made, with the most beautiful Carpet Colours, and other very curious Figures, done to the greatest Perfection. They are in Oil thorough dry, and well harden'd on the best of Cloth, that may be depended on for their being thorough good in every Respect. Likewise listed Carpets, Hair cloths, Matting, and all sorts of Turnery Wards, sold Wholesail and Retail. Also fine Leghorn and all sorts of Hats. This Day is Publish'd. In two neat Pocket Volumes, adorn'd with Cuts and Engraven, (Price 5 s.) MOGUL TALES, or Dreams Men awake; Being Stories told to divert the Grief of the Sultana's of Guzarat for supposed Death of the Sultan. Now first translated into English from the French of the celebrated Guelldite. With a prefatory fulness of Romances. In pleasing Tales the artful Sage can Bules how in happiness and Ease to live? Can ew what Good should most attract the And how our Woes we from our Vices find: Delighting, yet instructing, this our Youth, Who catch at Fable - how to gather Truth. Printed, and Sold by John Applebee , in Bolt-Co in Fleet-Street , and E. Symon, near the Royal change, Cornhill. Where may also be had, In Two Volumes Octavo, Price 14 s. SELECT TRIALS at the Sessions-House in the Old-Bailey, for Murders, Robberies, Rapes, Sodomy, Coining, Frauds, and other Offences, from the Year 1720 for the present Time chiefly transcrib'd from Notes taken in Court genuine Accounts of the Lives, Behaviour Confessions and Dying Speeches of the most eminent convicts. These Trials, &c. are not to be met with other Collection. Both Volumes containing upwards of Five hundred Trials; among which are upwards of seventy for Murder, near Sixty of Whores for privately stealing, upwards of one Hundred for the Highway Thirty for Rapes; the rest being for Frauds Forgery, Burglary, Sodomy Bigamy, Shop lifting, Riots, Misdemeanors, Receiving Stollen Goods, Single &c. &c. &c. N. B. These Trials are not only very necessary all Lawyers, Justices of the Peace, Clerks of Indictments, and other Persons concern'd tions, &c. but are very useful and entertaining the Generality of Readers; and every Number tains more in Quantity, and is cheaper than thing ever publish'd this Way.

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THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, OF FIVE MALEFACTORS, VIZ. GEORGE ANDERSON , For a Burglary and Robbery, PATRICK OHARA for a High-way Robbery, HUGH MALONEY for personating, &c. CHARLES BROWN for Shop-lifting, AND JOHN BROUGHTON for Forgery, Who were executed at Tyburn on Wednesday Nov. 23, 1763. BEING THE FIRST EXECUTION in the MAYORALTY OF THE Rt. Hon . WILLIAM BRIDGEN , Esq. LORD-MAYOR of the CITY of LONDON . NUMBER I. for the said Year. 1764. LONDON: Printed and sold by M. LEWIS, at the Bible and Dove, in Paternoster-row, near Cheapside, for the AUTHOR. [Price 6 d. THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, &c. BY virtue of the King's commission of the peace, oyer and terminer, and goal-delivery of Newgate, holden for the city of London and county of Middlesex, at Justice-hall in the Old-Bailey , before the Right Honourable William Beckford , Esq. Lord-Mayor of the city of London ; the Right Honourable William Lord Mansfield , Lord Chief Justice of his Majesty's court of King's Bench ; Sir Sidney Stafford Smythe , Knt. one of the Barons of his Majesty's court of Exchequer ; the Honourable Henry Bathurst , Esq. one of the Judges of his Majesty's court of Common-Pleas ; James Eyre , Esq. Recorder , and others of his Majesty's justices of oyer and terminer of the city of London and goal-delivery of Newgate, holden for the said city and county of Middlesex, on Wednesday the 19th, Thursday the 20th, and Friday the 21st of October, in the third year of his Majesty's reign, ten persons were capitally convicted and received sentence of death, for the several crimes in their indictments set forth, (beside Richard Sinderbury for Murder, executed October 23, of whom an account has been published) viz. John Dean , Hugh Maloney , George Anderson , Patrick OHara , John Barrett , Michael Kennedy , George Kelly , Charles Brown , Joseph Stride , and John Broughton . On Friday the 18th of November the report of the ten malefactors being made to his Majesty, was declared to the prisoners next morning by the death-warrant, wherein five of them were ordered for execution on Wednesday the 23d inst. viz. George Anderson , Patrick OHara , Hugh Maloney , Charles Brown , and John Broughton ; and five were respited, namely, John Dean , for personating Thomas Bond and attempting to receive his wages; John Barrett and Michael Kennedy , for being concerned in a street-robbery with Patrick OHara ; George Kelly , for a burglary and robbery in the house of Robert Sinclair ; and Joseph Stride , for a robbery in the dwelling-house of the Honourable Henry Fane , Esq . 1. George Anderson otherwise Johnson , was indicted for breaking and entering the dwelling-house of William Smith on the 13th of September, about two in the morning, and stealing a silver teaspoon val. 3s. a brass thimble val. 1d. and 6 s. in money, the property of John Grinstead , in the dwelling-house of the said William Smith . This most dangerous fellow was an artist throughly practised in getting in at windows, usually up one pair of stairs, about midnight, when people were asleep in bed, and robbing them. In the case of this indictment he was seen in the room and at the drawer by Mrs. Grinstead, who was awakened by his hunting about her chamber for prey, about two in the morning; there being a candle burning in the room by which she discerned him, and with surprizing calmness asked him, Good master, what do you want here? Upon which he very deliberately, with some hesitation, walked to the casement which he had left open, and got away. She quickly missed the things mentioned in the indictment out of her drawer. Seeing him soon after casually in a coach, she said, that is the man that robbed me; not knowing they were then carrying him before a justice for some other fact. Though he was convicted on this indictment, yet being found to be a notorious house-breaker and robber, there being several charges, and three more indictments laid against him, in order to fix his fate, he was indicted a second time, for " that he on the 1st of August, about the hour of one in the " morning, the dwelling-house of James " Warner did break and enter, and steal " one gold watch val. 20l. one silver " watch val. 5l. one reflecting telescope, " one gold ring set with diamonds val. " 10l. one amethist gold ring set with " diamonds val. 3l. four mourning gold " rings val. 40s. one pair of ear-rings " set with diamonds and rose stones val. " 10l. two pair of silver shoe-buckles, " one pair of silver knee-buckles, one " silver stock-buckle, and 40s. in money numbered, the property of John " Hardy , in the dwelling-house of James " Warner ." This fact was brought home to the prisoner by the evidence of Mr. Dyley, goldsmith and jeweller, who stopped him with the ear-rings now mentioned, as he offered them to him for sale, connected with the evidence of Mrs. Hardy, who proved them to be part of that property of which she was then robbed; and the only part of all that value which she recovered. And to aggravate the crime, the death of Mr. Hardy is reasonably believed to be occasioned by a cold he caught in consequence of this robbery. But monsters in this destructive way never regard consequences; nor think how strictly they must account for them! He was born in Holstein , a subject of Denmark , and had been in the English transport-service, a seaman , about four years, being now about thirty-five years of age, of a short size, strong, light, and active, but emaciated almost to a skeleton by three weeks sickness in the cell before he suffered. Being asked, one day, why he took to this bad course, seeing he could earn his bread honestly? He shook his head and said, he had much better have stuck to that. He constantly frequented the instructions and prayers in the chapel, till disabled to move out of his cell by sickness. Being applied to and closely questioned in behalf and by request of the family robbed of the things mentioned in the second indictment, to know how he had disposed of the gold watch, rings, &c. his answers gave little hopes of recovering them. He said, he sold the gold watch to some foreigner, a Frenchman, or Spaniard, in Hedge-lane or Leicester-fields , but could not tell his name, and that he got only 8l. for it. As to the rings, which were six or seven, he pretended he lost them out of his pocket, for that he never saw them after he stole them. He said, he got in and out of the windows by a ladder like that of a lamplighter, and never hurt any one whom he robbed. He seemed to observe and follow those especially who had countrylodgings in summer in any of the villages round London , from Chelsea and Hammersmith to East-Ham , and from Stoke-Newington , where he committed this robbery of the second indictment, perhaps across to the Surry side. At Eastham , where he is believed to have had a lodging, he got into an apartment in the house of Mr. Vincent, a baker, where Mr. and Mrs. M - r - y lodged; the latter being waked by some noise in their chamber, in July or August last about two in the morning, started up and saw this convict just at the sash-window up one pair of stairs streetwards, she screamed out, Mr. M - y got up and to the window; but the thief was got down the ladder before he could lay hold of him or it. He had stole a silver watch in a shagreen case, two pair of silver buckles diamond cut, a silver stock-buckle set with Bristol stones, three gold rings, viz. one hoop garnet and two stone rings, one of which was joined on the inside, a hat val. one guinea, and 40s. and upwards in money. The owners recovered the watch, and came to the convict in prison to enquire whether any of the other things were redeemable, with what success doth not appear. A gentleman, Mr. Al - t. who lodged near the former, was also robbed the same night in a like manner, of a watch, a pair of silver shoe-buckles, and five or six guineas. Anderson being questioned about this robbery, Oct. 27, owned he had done it. And the gentleman coming to him, received the satisfaction to know this, but little or nothing more (as I heard) to the recovery of his loss. He was also examined whether he knew any thing of the robbery of Justice L - ch's summer-house in Plashit-lane , Eastham , of a chamber-organ, and some chairs and a table, which were thrown about the fields? But this he denied. He confessed to Mr. and Mrs. M - y aforesaid, that he robbed their chamber, and that opening their closet to look for their plate, (which they had luckily moved thence) he awaked them. A man named Simpson, who was then taken up on suspicion and examined, has since absconded Notwithstanding Anderson had lately been master of so much valuable prey, it was quickly wasted and vanished away; so that after his conviction and during his sickness, he was so wretchedly poor, naked and destitute, that we were obliged to supply him with necessaries to sustain life. His fellow-convicts (being five, beside him, who attended our chapel, and then were reduced to three by distemper and weakness) oft observed that he could scarce live to be executed. But he began to recover, and eat heartily of what he could get, some days before he suffered; came down from his cell the day before, and was at chapel the morning of execution, as if reserved with long-suffering mercy by a just and wise Providence, first to be a penitent, at least to have the means set before him; and then to be a public example. When questioned again at this last opportunity, whether he could direct any of the losers to the recovery of their goods; he answered, that he ha given all the satisfaction in his power each of them who had been with him, and about whom he was examined. His manner of speaking English was not very intelligible. 2. Patrick OHara , John Barrett , and Michael Kennedy , were indicted for that they on the king's high-way on Caspar Stoupson did make an assault, putting him in corporal fear and danger of his life, and taking from his person one silver watch val. 3l. one silver seal val. 1s. one brass key val. 1d. a pair of silver shoe-buckles val. 6s. one hat val. 5s. one peruke val. 5s. and 1s. in money, his property, Sept. 26. These three were convicted on the evidence of the prosecutor Stoupson, John Folliott an accomplice, James Grief turnkey of the Tower goal , and Thomas Gordon , which two latter assisted to apprehend them. The wig and steel hook mentioned in the indictment were found upon Folliott, who was taken asleep next morning after the robbery. The hat was found upon Barrett, who together with OHara, was taken the same morning at the house of Muckle-roy, near the Tower goal . It appears, four or five of them, being sailors , had been cruizing (as they call it) the night before, and committed four or five robberies about the New Road , St. Georges in the East ; Swinney a lad about seventeen, and one Nonorken, are both named by the witness on the trial, but neither of them yet taken. It is hoped this will warn them to desist from their wicked practices, and brake off their bad connections. On the trial Barrett confessed that he and the evidence Folliott had committed the robbery, but endeavoured to clear OHara and Kennedy, and throw himself on the mercy of the court. OHara when taken swore desperately, that if he were admitted evidence he would tuck them. Kennedy was advised to turn evidence, but denied knowing anything, till he saw Folliot admitted, and then he cried and owned to the robbery. He was the youngest of them, and pleaded in his defence that he was lately paid off at Chatham , (out of one of his Majesty's ships) where he spent most of his money, and then came up to town and worked on the river for honest bread. Patrick OHara was born in the city of Dublin , being now about thirty-six years of age, twenty-two of which he had been to sea chiefly in the king's service , from which when he was discharged last July at Woolwich , he received thirty-six guineas, the balance of his wages. Being asked how he had spent that money, he said he had paid off some debts with part of it; and reckoned he had due to him 95l. for his part of two prizes taken by the Alarm frigate, capt. Wolsey, in the West-Indies , before the peace extended thither; that he had also a year's wages and some prize-money (about fourteen pistoles) due to him for his service in the Stork snow, capt. Cartwright, to which he belonged about five years ago. He said, he had also served in the Marlborough, admiral Cotes and capt. Weller, three years and nine months in the West-Indies , and on the Jamaica station. When he and his brother-sailors were reminded, how shameful it was that men who had served their king and country abroad with credit and advantage, should return home and turn their arms against their fellow-subjects, and fall into the miserable consequences which they now felt; he denied his guilt in this or any other fact of this kind, though with little appearance of truth. But as these three were of a different persuasion from us, be ing of the church of Rome , he made no scruple of denying his guilt to me; though it is too notorious he was tried the very last sessions before this, for robbing Abraham Green on the high-way, and had a very narrow escape, owing more to the lenity of the court than his innocence, for there were very bad circumstances clear against him. And this he was reminded of by the court when tried last. There was also another indictment found against OHara and Kennedy this present session, for robbing Mr. Pitfield. And farther, when he had escaped and was discharged on the former occasion, one belonging to the goal said to him in a friendly manner, "Take care you never bring yourself here again;" who, on seeing OHara brought back to be tried the very next session, told him, "Now you deserve to be hanged up by the toes till you die." Let the respited convicts, and they who (by the benefit of clergy) have escaped under the sentence of transportation, hearken to this advice and opinion of a plain man long experienced among them, and take his warning. 3. Hugh Maloney was indicted for assuming the name and character of Elias Davis , a seaman on board his Majesty's ship the Warwick, with intention to receive wages due to him, Aug. 26. This poor ignorant and obstinate convict in spite of nature, truth, and evidence, would transform himself into Elias Davis , running greedily after the gain of a trifling sum of ten months wages. He fell into this fatal snare with his eyes open, against the express warning of Mr. Richard Moxey his former ship-mate and one of the witnesses against him; who being first imposed on, and then consulted by him in carrying on this scheme, told him plainly, Maloney, you are wrong, Your name cannot be Hugh Maloney and Elias Davis on board the same ship; (for it seems Maloney did also serve in the Warwick, and was paid off in his own name in the year 1758) yet he still persisted to desire Mr. Moxey to befriend him in this attempt. He not only refused, but also told him, "So sure as you attempt to receive Elias Davis 's wages you will die for it." He went on resolute, as if his cause had been just and good as it was the reverse. Neither was this attempt sudden but gradual and deliberate, (to the aggravation of his guilt) being from the beginning of August to the 26th, during which he is said to have gone to Portsmouth for a certificate from his captain in the name of Elias Davis . And notwithstanding he met with Moxey again at the Pay-Office door, and was again cautioned by him, he presented the certificate, answered the proper questions as Elias Davis , and received his wages. This the office being apprized of, he was immediately confronted by Mr. Moxey, who said, Maloney, what have you done? He dropt the money, trembled greatly, stood speechless, was taken, tried, and convicted, still declaring he was Elias Davis ; though the contrary farther appeared on the trial, by producing the books of the Warwick, and by the evidence of James Brown another shipmate , who knew both him and Elias Davis . An instance of obstinate inconsistency, absurdity and infatuation, scarcely to be credited! He was born in the West of Ireland , being now about fifty years of age, professed himself of the church of Rome , but occasionally attended our service as the others of that persuasion also did. For some days after his conviction he was much dejected, impatient, and fretful, weeping and sighing much in his cell: And as he could not read, Broughton, who was in the same cell, offered him the benefit of his reading and prayers, which he often accepted and seemed to improve thereby into a more composed temper and resignation. 4. Charles Brown , otherwise Woodward , otherwise Evans , otherwise Saunders , otherwise Tufnail , otherwise Dougan , was indicted for stealing twelve yards of minionet lace val. 7l. the property of Christopher Dixon , in the shop of the said Christopher, Sept. 28. This convict has sustained probably more characters and disguises than he has names in his indictment, so that we have but a distant and confined view of him in the part he acted to obtain the goods here mentioned. In the scene before us he put on the guise of a West-Indian (or Jamaica captain who had a ship at Jamaica) which his person and figure much favoured, thin, tall, and of a sallow complexion, so close and crafty that he never truly and particularly opened his family name or birth-place. This felony was brought home to him by the evidence of Mrs. Ann Dixon , a milliner , in Broad-street , who lost the goods, and her servant Margaret Harper , each of whom saw him twice in the shop on this occasion, on the Tuesday and Wednesday. The lace was lost while he, and he only, was there looking over it, and missed within ten minutes after. This connected with the evidence of two damsels of the town, Ann Davis and Maria Rogers , (with whom he confessed he had been in company) and the evidence of the pawnbroker Mr. Rotchford; the two former deposing, they received the lace from the prisoner, and the latter that it was by them pledged with him, fixt it on the prisoner. Davis had pawned three pieces at different places for him within a few days. After his conviction he assumed the character of an unfortunate prodigal lately arrived from the West-Indies to Bristol , master of a vessel, which he had sold and spent the money, to the amount of 7 or 800l. in seeing England and the town wherein he had been but a few months a raw unexperienced man, and falling into the company of bad women, he had by them been first led into this practice, and then betrayed and convicted by them. This tale, it must be owned, excited my compassion, and that of some few gentlemen who heard it, by occasionally looking in on the convicts and attending to their case, in order to pity and relieve them as their necessities required. Several were of opinion that this Brown would be deemed an object of mercy, on his representation of the case, as a stranger, his first fault, not of the deepest dye. Tho' if we carefully look into the circumstances of it on the trial, it is not the crime of a novice. Nor was it; for it appeared, on application to the prosecutor to sign a petition in his favour, that they had heard of several like facts, probably committed by him among those of their own business; beside the other pieces of lace mentioned in the trial to be pawned for him; therefore it was prudently refused. Yet he was not discouraged from applying again and again with artful misrepresentation of his case, by letters and petitions to his superiors, who might interceed to spare him on condition of transportation for his life. In the course of instructing him, being frequently reminded to make satisfaction to the injured as far as he could, he sent for several of those from whom he had stolen goods, in order to put them in a way of redeeming them out of pawn, but always on condition that they should give or (if cautious) deposit somewhat in a third hand, toward his present support, or his future decent burial. On this plan the following intelligence came to my knowledge, partly before and part since he suffered. Brown sent a note to a near relation of a young woman, whose chambers he had robbed of clothes to a considerable value, in these words: "Mr. S - m - n , pray send Edward the S - maker that lodges with you, as it will be o great service to me; let him come between the hours of twelve and two to the Press-yard, Newgate , and enquire for capt. Brown." This was in his own writing, truly spelled and an easy legible running-hand; which is here taken notice of, because he once pretended to me, to serve a turn, that he could scarce read or write. The professed design of this note was to acquaint Edward where and how to recover the poor woman's clothes, for whom he put on great compassion and sorrow for having wronged her. In consequence he was soon visited by Edward, Mr. S. and the injured woman, who heard what he had to tell them - that he had pledged those clothes, val. 11 or 12l. at Mrs. M - n's, a pawnbroker, in Bow-street , Covent-Garden , for 18 or 19s. only, being in a hurry, and intending to remove them again very soon. He added, there were some clothes of his own there for five guineas. They applied as directed, the pawnbroker readily shewed them his trunk, (which they knew) with gold-laced clothes and four pair of fine ruffles, pledged by Brown; and also the book wherein the woman's clothes were entered, but taken out again in a day or two. This answer they acquainted him with; he persisted to assert as a dying man, that he had left them there. They, believing him, pursued his directions, spent a guinea and a half, beside a week's loss of time, in search-warrants, &c. to no purpose. He in the mean time asking each of them for a little money, so much as the price of a bottle or even a jill of wine. They discovered too late that he had first sent for the pawnbroker aforesaid, got half a guinea out of her, and gave her a lesson. And whereas he had constantly asserted to us, that he was but four or five months in England , and therefore could not be supposed guilty of many facts in that compass of time: it since came out, that it was about twelve months since he committed the preceding fact, to which he introduced himself in manner following. Walking one day up F - d-lane a cook's shop took his eye, he had scarce passed when he returned, nearly viewed the several dishes in the window, the sash being open; but nothing seemed to please him so much as the likely woman who sat in the shop, and being genteelly dressed in good linen, ruffled, and a suit of blue trimmed with silver, he quickly fell into some easy complaisant chat with her, made himself familiar and agreeable, gave a shilling to a little maid who waited, and at last enquired whether he could not have a lodging there. He was told, the house was full at present; but in a day or two there would be room for him. He came a second time gaily dressed in a different suit, of scarlet trimmed, personating a captain from Jamaica. The brother of this young woman, with whom he had been jointly set up in this shop on his return from Jamaica, soon contracted an intimacy with this capt. by talking of persons and families with whom each of them had been there connected; the capt. accepted of half the brother's bed: He gained the good graces of these two partners, by liberally treating each of them to the play and other diversions. In a few days he asked the brother, Mr. B - n, to walk with him to Smithfield Market to help him buy a horse. He agreed for one at 14 guineas, gave a guinea earnest, promising to pay the other 13 next morning: He said to B - r - n, Should you like to ride this Horse? for what, said he? why, replied Brown, I am going to have a place in the revenue (to be sure a collector at least) wherein I must ride, and you shall be my friend and companion, only lend me 10 guineas at present to pay for the horse. B. tried to borrow the money from his friends, but luckily could not. So the guinea given in earnest was forfeited, and the seller had his horse again. In about nine days, he took his opportunity to rob the apartments of the clothes beforementioned, pledged them, and then decamped. It is said, he was the occasion of breaking up this shop and partnership; for B. the brother, soon after returned to Jamacia, and the sister went to service, leaving two small children to be maintained by her father. It is a pity this case was not pursued in season, by description and advertisement; it might have prevented further mischief, and many losses since sustained by others from the same hand: but he had an oily tongue, with an insinuating address, which took off the edge of resentment, and was at last like to arrest the hand of justice. His behaviour in the chapel, was usually as like that of a penitent, as any one's could be, who was not really so. After conviction, Oct. 21, he was present, with the other prisoners, at the exhortation and instruction given to Sinderbury, who was to suffer for murder next day. Brown kneeled in a place by himself, wept much, hid his face and hung down his head. A few questions being asked him before we parted, he told me he was born in Antegoa , and was about 26 Years of Age. To another, on a different occasion, he said he was born in Barbadoes ; both which accounts he falsified before he died. He said further, that he was educated at a school in Philadelphia , up to the age of 13, and then went to Boston to visit a relation of his own name: without any intermediate account of himself, he added, that he had served four years in the navy , on board the Cambridge, then in the Buckingham, and then commanded a merchant ship , in which he sailed from Jamaica to Bristol , and from thence came to London , five months ago, where he first fell into bad company. This latter part has been already confuted. In Jamaica he said, he had married into Col. Seaberry's family, at Montego-bay , but his wife died there. From the loss of her, he dated the beginning of his ruin. He added, that he was well known to several persons of credit in Jamaica , whom he named, viz. Mr. Peter Jurnell , merchant , in Kingston , and a justice of peace; col. French of the same place; Mr. Lee of Spanish-Town ; William Pinnick , Esq . and though daily planning new schemes to save his life, yet expressed little hope of their success; but was chiefly anxious about his coffin and in terment, for that he had no acquaintance here but of the bad sort, and hoped some charitable person would secure him from being stript by the executioner, and falling to the surgeons. This string he touched rather too often, and seemed to direct his views and conduct accordingly as before hinted; so that it was proper to remind him that he seemed more careful about this, than his better part, and to advise him earnestly to seek the kingdom of God and the righteousness thereof; that once secured, he might depend on a provision of all lesser blessings, or be less solicitous about them. The convicts having been indulged in a very favourable length of time for preparation, he, with the other convicts, able to attend, had been daily instructed in a due preparation for the holy communion, and were told it should be administered whenever they were prepared and desirous of it. But before this, the death-warrant came, in which, Brown and Broughton finding themselves included, were greatly dejected: they now joined in desiring the administration of the holy sacrament to them the next morning, which was Sunday: they were told, that every means of comfort and support were ready to be given them, and it must be their own fault if they were not qualified to receive them. By this time it clearly appeared, that Brown was far from being open and sincere in his repentance, and the confession of his crimes and scheme of life; for these, he had often referred me to a written narrative of his life and actions, which he had promised, on several occasions, to let me see, and now fixed to give me in the afternoon, but he did not: At the same time, he had amused others with the expectation of it, insisting on high terms, which were to provide for his funeral; boasting, as I was informed, that "he would be buried like a lord." It was also strongly hinted to me, by one of the most serious and intelligent of his fellow convicts, to whom he was more open and better known than to me, that it was not safe to admit him to the table. It was said by others, that his behaviour was ludicrous, and he was of the M' Heath order; and it was generally believed he had been on the high-way, or else what could he do with so many horses as he was known to have bought, and got by frauds and other ways? These objections were freely set before him; he gave no reasonable satisfacton, but roundly denied he had ever robbed on the high way. He owned, in general, he had been very bad; and said expressly, when the death-warrant came, "he had got what he deserved," but still denied this kind of crime. But to shew how foolishly insincere to no purpose he was in this, it may be proper here to insert what I was strongly assured of since he suffered, by a confident of his before-mentioned. In close conversation, in which I saw them together more than once in the prison, he was asked, were you ever guilty of bloodshed? no, said he, but almost of every other crime. For that he had been on the high-way, of which he gave one remarkable instance; having notice, or observing at some great inn, at Portsmouth , which he named, a that gentleman there had just received 600l. as soon as he found he was near setting out in his coach, he mounted his horse, rode forward the way he was to take, and then turned about and met the coach; but seeing too many attendants on horseback, he did not think safe to attack. Being still eager for this large booty, he rid back and forwards, and met them several times, waiting for a favourable moment, but finally missed it. Had I got that, said he, I should not be here. How so? because he had determined, in himself, if he had taken that sum, he would never more have tempted his fate here, but gone to Jamaica . This was within the last year. He owned he had taken 20l. and lesser sums on the highway: that in this course, he had rode down three horses, between London , Exeter and Plymouth , and left one at each of the two last named places. That he had lately bought a horse at Yarmouth , with bridle and saddle, for 18 guineas, which he had made over to one whom he named, since he was in prison. - He one day freely gave me a very curious reason why he would not open himself to me: the sense of which was, that he had been informed, it would be of some advantage to me to get their confessions, (he mentioned a handsome thing, 25l. each sessions for that service, added to the benefit of the trials or proceedings, which he supposed, with equal truth, to be mine) and his meaning was that, in effect, he envied me these large emoluments, notwithstanding all the labour laid out on him and the convicts, and some particular kindnesses shewn himself, and so by his witholding his confession he would disappoint me of them. In answer to which, he was assured, with truth, that he was grossly misinformed; that, in respect of worldly gain, or loss, it was a matter quite equal, and indifferent to me, whether the convicts confessed their crimes and died penitent, or the contrary; but of the two, the latter sort of accounts would probably sell better, as being more suited to the taste of the world, wherein blasphemy is at a higher price than piety: But acquainting him at the same time, in the most serious manner I could, that in respect to his own spiritual advantage, and future happiness, and in some measure, mine also; his true repentance, or his hardness and impenitence, would make an endless distinction. Pursuing this topic, till it seemed to reach his heart; but it ended like, Go thy way for the present, I will hear thee at a more convenient season; tho' death was at the door. The prisoners were twice visited, and heard a sermon suited to their case, and the sad occasion, on Heb. iii. 7, 8. on Sunday the 20th. It was also recommended to Brown and the rest, instead of communicating this morning, to set apart Monday, as a day of fasting and humiliation, and a deeper recollection of every sin and offence, in order to be better prepared to receive the benefit they seemed to desire. This they consented to; and a proper office (viz. the commination, with proper psalms and lessons were used, in which they seemed heartily and devoutly to join; and the ràther as the several parts of that office were explained to them. After all these efforts Brown seemed to be too fast linked to his inveterate habits, prejudices, and sins, to part with them and be loosed from them the next day, by admitting him to the holy communion, which on a closer examination he appeared not to have studied either rightly to understand, or worthily to esteem: however he was advised and permitted to be present when it was adminstered to Broughton and another: and when visited again in the afternoon, seemed to complain that he was not ad mitted, though it was with the utmost reluctance and new difficulties to myself that he was repelled, because he would not conform to the terms; and was therefore referred to the morning of execution, hoping that would work a greater change in him. Another reason beside those mentioned, convinced me of his insincerity. Having refused one day to go up to chapel with the others, because he had an old friend, a visitor, in close conference with him. This same person met me a day or two after in the street, near the gate, and saluted me; he then shewed me a petition for Brown, which he was to get presented: But, said he, not being backed by any person of consequence, it will carry no weight. - How long have you known this Brown? I knew him fifteen years ago here in London . In what capacity? Why he dressed and appeared like a gentleman at the coffeehouses; being then a tall young man: Whence he observed that he must be more than 27 years of age, as set forth in his petition: perhaps 35 at least. He added, that he remembered his father here in London, and that he belonged to shipping; but, growing now more cautious, did not explain how. So that now my raw novice of a West-Indian, turned out an old stager of London; perhaps a g - m - l - r, and what not: for he one day told me he had lost largely at Epsom-races . This incidental conversation I soon found was repeated to Brown; but he, so far from being abashed with the conscious guilt of hypocrisy, in this his last scene, by having so grossly deceived me, that with the impudence of his profession, he first taxed me for so closely enquiring about him; and as I since found, endeavoured to excite the other convicts to join him in some rude and ungrateful behaviour, and doing me any ill office they could. But, thanks to the candid consideration and superior good sense of the presiding officers, they were disappointed; and all resentments, by temper and patience, finally subsided. 5. John Broughton was indicted for that he having in his custody a certain bill of exchange, with the name John Parnell thereunto subscribed; bearing date the 6th of September, 1763. Directed to John Puget , merchant ; to which he forged an acceptance, in the words following, 'Pay at the bank in 6 days. J. Puget.' And for publishing the same, with intention to defraud Lawrence Quin . It was likewise said to be done with intention to defraud the governors and company of the bank of England. September 30. This forged bill being presented for payment at the bank, Sept. 30, was forthwith discerned to be a forgery, by Mr. Jewson, principal in the drawing office at the bank. Mr. Stevens, who presented it, was detained, and carried before Sir John Fielding ; on proper information of Mr. Puget, &c. a warrant was issued against Quin and Broughton, the latter having paid the bill to the former, in part of a debt, Mr. Q - passed it to his distiller S - , so that it was fixed on Broughton as the author, who was now absconded, but soon after taken, tried, and convicted. Observing him to behave with a serious attention in the chapel, and to read well, I found, on enquiry, he was bred at a good foundation school, under an excellent master; that he was intended for an university education, (by his now disappointed and afflicted friends) but that he was otherwise inclined. The reader, it is hoped, will accept of an account of him in his own words. ' The beginning of my life was attended with nothing but a series of ' boyish tricks, although wicked enough; ' and my education might have been ' more compleat had I minded it, for my ' grandfather, under whom I was brought ' up, never begrudged any expence as ' to my learning; but being of a wild, ' roving disposition, and incouraged by ' an uncle who came home, and had ' been an officer on board a man of war, ' I set out for London , in order to be ' bound to one Mr. H - K - , a merchant , in Austinfryars , in whose office I wrote for some time; at length ' I went to sea , well cloathed and supplied by my friends with money, &c. ' and served on board one of Mr. K - 's ' ships, (his father in law commanded ' her) for two years and better, the ' greatest part of which time the captain used me very well, and seldom ' refused me any thing I asked him for, ' until such time as he heard that Mr. ' K - was broke. The ship then lay at ' Lisbon , where we took in a freight for ' the Maderas and Philadelphia . On our ' arrival there I thought that the captain ' did not use me so well as formerly, ' and wages pretty high, most of our ' men run away; and I, though but a ' boy not above fifteen years of age, ' thought I deserved wages as well as another; therefore, one Sunday I asked ' him for some money; which he refusing, I remained until after dinner, ' when I took it in my head to run away but not having any money, did ' not know what to do, at last I resolved ' to take four dollars of the captain's, ' that lay in his desk; there was a good ' deal more, but I thought that was ' sufficient: at the same time I left a ' note to acquaint him with what I had ' done, and told him that I had received ' no wages since I belonged to him, nor ' clothes but what my father gave me. ' I had got all my clothes ashore, but ' the woman where I left them discovered it to the captain, so that I lost all ' but three white shirts, a frock that I ' had on me, and a night cap. I had not ' so much as a coat, waistcoat, or jacket ' left, nor a pair of stockings; judge ' the condition I must have been in. At ' last the ship sailed for Lisbon , and I ' went to work for some time on board a ' sloop in Philadelphia , there I saved as ' much as bought me two jackets, then I ' shipped myself to go to the river Minoken , in Maryland , for 37 shillings a ' month, to assist in working a ship from ' thence to Liverpool . I left her at Liverpool , by the desire of my friends, ' and went home, where I stayed some ' time. At length I was ingaged to go ' out in the Nancy brigg, belonging to ' P - N - , (who was a relation of ' mine) and H - C - , merchant of ' Dublin , to Smyrna ; on board of ' which vessel I made several voyages, ' and lived very happy; but growing too ' much of a man, was tired of going before the mast, and having learnt navigation, thought I was as capable of ' navigating a ship as any of them, left ' her, and went out in a ship to Bourdeaux ' as second mate; there the master and I ' could not agree about the provisions, ' it being in the time of Lent, and he a ' Roman Catholic. At our return I left ' her, and made a voyage to London in ' one of the traders; and in the year ' 1755, there being a likelihood of a war, ' and shipping putting fast into commission, I was ordered to repair to ' James Stuart , Esq. then admiral of ' the fleet ; which I did, and was ordered by him on the 17th of March, 1755, ' to repair on board his majesty's ship ' Kingstone, captain William Parry , ' then lying at Chatham . There first ' began my misfortunes; for being put ' in the station of a midshipman , therefore excused from work, and having ' continued in that station and as master's mate ever since that time until the ' 4th of May 1763, on board of different ships of war, where I took to ' swearing and drinking, which has partly been my ruin; but that might have ' been dropt in time, had it not been for ' some wages that is due to me, which I ' have not received, which caused me ' to tarry in London (and idleness together) until I run myself in debt to Mr. ' Q - . And his wife, when in liquor, ' continually teazing me and grouling ' for her money, to stop her clamorous ' tongue first induced me to forge that ' bill which has proved my utter destruction; for at the time that I gave it ' to her I begged that she would neither ' give it away to any body, or let her husband know any thing of it until I could ' myself receive the cash, and that unfortunate night that they urged me to the ' signing of it, at my refusal and striving ' to evade it, both Q - and his wife desired me to get other lodgings; likewise they expected I should immediately endeavour to pay them, otherwise it was not the Marshalsea should ' serve. Of course I imagined it must be ' Newgate . They understand addition of ' money extreamly well, but as to substraction I verily believe they never ' learnt it. Two days after I was taken ' up he brought me my accompt, which ' was 46l. some odd shillings, but never substracted the 9l. odd I gave his ' wife at the bank. When he brought ' me that account Mr. M - and Mr. ' J. Q - were present; I then told him ' I would do him all the justice in my ' power; he then gave me two shillings. ' The next time he came he paid my ' fees, which came to a guinea, and ' three-pence I had left in change: the ' next time he gave me three shillings; ' and Mr. J. Q - , when he came to me ' with B - the attorney, Mr. B - payed ' three and six pence for my going into ' the B - d - k, on the first day of sessions; that is all the subsistance in any ' shape I have received from him since ' my being here, notwithstanding the ' day before my trial he sent Mr. Q - ' and Mr. B - unto me with a bond of ' 76l. 12s. 6d. and in the account ' charged me with the expences of my ' funeral. I must really say that I was ' shocked at it, and therefore refused to ' sign it. The next day morning Mr. ' J. Q - again brought me the bond ' into the B - d - k, and as B - the day ' before told me he would draw up a ' brief of my case, and that Q - had or ' would see a council for me; nay, examined me in several questions, and ' told me, there was one way still to save ' my life, on which I signed it. J. Q - ' at the same time gave me his word that ' he would come back and give me four ' or five shillings, to pay my fees in that ' dock and support me for the day. Instead of that he never came nigh me, ' neither did Mr. Q - , but sneak'd off as ' soon as the trial was over. I cannot ' say he behaved very well on it, for ' he swore that he found me between ' the ticking and the bed, which as I ' have a soul to be saved is false, for I ' was laying between the sheets as usual, neither did Mr. Q - come into ' the room where I lay. ' Another thing he swore was, that I ' was taken up of a Sunday night; whereas, every body that knows the affair, ' must be sensible it was Monday morning. ' - I mention these two circumstances, in ' order that you may see how far a person ' can rely on his oath or word either. ' He promised to see me often, and that I ' should not want for nothing; instead of ' that, I might have starved, were it not ' for other friends, of whom I had no right ' to expect any thing. I am much obliged ' to Mr. K. Mrs. D. and the other friends ' that came to see me; likewise to the person who has supplied me, for this while ' past, with both victuals, drink and tobacco. And I would not have any person think or imagine, that the person I ' have mentioned ever was the cause of ' my misfortune; so far from that, I never received any thing but the most ' wholesome advice she could give. It was ' a very meritorious action to take her up ' and confine her in the round-house so ' long, just as if she had been privy to all ' my actions. It would have been much ' better had he advised his wife not to ' make so much use of the br - dy b - , ' then I should not have been brought to ' this disgrace, and suffer the ignominious ' death the sentence of the law has pronounced against me; which the Almighty knows how soon may be put in ' force, for "we are here to-day, and ' gone to-morrow;" or, as Job says, ' Man that is born of a woman, has but a ' short time to live, and is full of misery: ' he cometh up, and is cut down like a ' flower: He fleeth as if it were a shadow, ' and never continueth in one stay. ' I am endeavouring to make my ' peace with God as fast as I can, and ' freely forgive all the world, as I hope ' they will do so by me. I here have 'inserted what faults I have committed ' of any consequence that I can recollect, which I hope God will be gracious enough to forgive; or if I have ' done any injury to either man, woman ' or child, I hope they will have charity ' enough to forgive it. ' The next request I have to make is, ' that all good Christians, that know ' me, will pray for me while in this ' world; and that when the fatal minute comes, that is to usher me into ' eternity, the Lord may receive my ' soul. JOHN BROUGHTON . Oct. 23, 1763. ' O Lord give me that true repentance, to which thou hast promised ' mercy and pardon; and accept my repentance, for thine infinite mercy's sake, ' and the merits of my blessed Saviour, ' who died for repenting sinners. Amen!' N. B. This came to me by his order, thro' another hand, after his death. In this narrative some reflections on particular persons might have been spared, had he considered that they were obliged in their own defence to prosecute him, and to take some farther steps for his sake, as ell as their own security. He should have considered that he brought the evil on himself; and should have preferred rather to be in gaol for debt than forgery: the suspicion and charge of which first fell on Mr. Q - , and put him to great inconveniences and expences. He should have remembered, that (if Mr. Q. says true) B. had not dealt truly and honestly with him, in a case prior to this, when he made over wages to him, by an expensive form, which he had before received: and that besides all this, he was in a vitious, expensive and ruinous way; and as a friend of his said to me, he believed he was weary of life when he committed this fact. Considering him as a penitent, he behaved himself, for the most part, properly and hopefully to the last. Morning of Execution. WHEN the prisoners were visited, between seven and eight, they appeared chearful and resigned. Broughton, Brown and Anderson went up to chapel with me and another friend, and joined in the litany, with some proper prayers, and the communion-service. Before the administration Brown humbly acknowledged his guilt in general, that he well deserved the death he was going to suffer; (adding, of a sudden, one thing which surprized me, and which he had concealed till this moment) for, said he, "I was under sentence of death, in these very cells, 14 years ago, but was respited and pardoned, and now I have lived too long in this world." He said no more: the time was pressing. He and Anderson were again questioned in the particular articles of preparation; and on giving proper answers in general, which was all the time would now permit, they, with Broughton, were admitted to the holy communion; which they received, 'tis hoped, to their great benefit and comfort. It should have been before mentioned, that Brown confessed yesterday afternoon, that about five months ago he stole two watches, one gold and one silver, out of two watch-maker's shops, opposite to each other, near the New-Church in the Strand : they were both advertised: but, though asked, he gave no directions how the owners might recover them; only said, the silver watch was pawned near the market, in or near the Strand . He also said, he had wronged several milliners; adding, that he had sold the copy of his life and discoveries, but owned he had put in some things, particularly about horses, that were not true, only to fill up; the rest he said was pretty right. Before nine, they went down to the Press-yard to have their irons knocked off, to be pinioned and put in the carts. They seemed greatly supported: Brown said it was the finest morning he ever saw. They were warned against presumption, and to be humble. In about half an hour Broughton and Brown were put in the first cart; and soon after OHara, Maloney and Anderson were put in the second; both carts were decently hung round with mourning, now for the first time in common cases. They arrived at the place of execution at half an hour after ten, and immediately began to pray fervently and with an audible voice, which they continued during the whle time the executioner tied them up. This raised the attention, and we hope, the devotion also of the surrounding croud, and drew tears from many eyes. Brown, here at last confessed to me, that he was born in England , and hoped forgiveness for concealing his true name, &c. to avoid exposing his family, He also begged forgiveness for all his omissions and offences; and in particular, that I would forgive him some particulars; of which I assured him, by praying for him. Brown had first spoke to the people, to desire their prayers for his poor sinful soul, exhorting them to be honest, and to love honesty. " Happy, said he, is " that man among you, who can say, with a good " conscience, he is honest! for it is far better to " live on bread and water honestly gotten, than to " have dishes, without number, of the finest meat, " gained by dishonesty." The Romans also joined in prayer with us, professing that they believed in one God, and one Mediator between God and man, Jesus Christ. Before the final blessing Maloney confessed he had taken the name of Davis, being in necessity and pressed with debt, but had got no money by so doing. OHara declared he was innocent of the fact he suffered for. Anderson was so dull and heavy, partly through weakness, that he could scarce be roused to attend to, and join in the prayers. Being asked, he said he had nothing to add, having given all the satisfaction he could to those whom he had robbed. The other four countinued instant in prayer, after the final blessing, to the last moment. This is all the account given by me, STEPHEN ROE , Ordinary of Newgate.

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THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, & Dying Words Of the ELEVEN MALEFACTORS Who were executed at TYBURN On Monday the 26th of MARCH, 1750. BEING THE Second EXECUTION in the MAYORALTY OF THE Right Honble Sir Samuel Pennant , Knt . LORD-MAYOR of the CITY of LONDON . NUMBER II. For the said YEAR. LONDON: Printed for, and sold by T. PARKER, in Jewin-street, and C. CORBETT, over-against St. Dunstan's Church, in Fleet-street, the only authorised Printers of the Dying Speeches. M.DCC.L. [Price Six-pence.] THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, &c. BY Virtue of the King's Commission of the Peace, OYER, and TERMINER, and Goal-Delivery of Newgate, held before the Right honourable Sir SAMUEL PENNANT , Knight , Lord-Mayor of the City of London ; Sir THOMAS DENNISON , Knt . Sir MARTIN WRIGHT , Knt . Sir THOMAS BYRCH , Knt . BARON LEGGE, RICHARD ADAMS , Esq ; Recorder , and others of his Majesty's Justices of OYER, and TERMINER, and Goal-Delivery of Newgate, holden for the said City of London, and County of Middlesex, at Justice Hall in the Old Bailey , on Wednesday the 28th Day of February, Thursday the 1st, Friday the 2d, Saturday the 3d, Monday the 5th, Tuesday the 6th, and Wednesday the 7th of March, in the 23d Year of his Majesty's Reign; the 15 following Persons were capitally convicted, and received Sentence of Death accordingly. viz. JAMES YOUNG , PATRICK RONEY , JOHN BASTOW , WILLIAM FRY , THOMAS JONES , otherwise HARPER , JOHN DUCKETT , JOHN CARBOLD , JAMES SUNDILAND , CHARLES GAVEN , JOHN DOE , JOHN STANTON , WILLIAM RUSSEL , EDWARD BUSBY , PETER OLDFIELD , add JOHN THORP . Their Behaviour in the general since Conviction has been decent, while at divine Service, Young, Fry and Busby being ill could not give constant Attendance, and I was forced to visit them in the Cells; Roney and Harper being Roman Catholick s, were visited as usual. On Wednesday the 21st Instant, the Report of 16 Malefactors was made by Mr. Recorder to his Majesty, when he was pleased to order the 12 following for Execution, viz. James Young , Patrick Roney , John Bastow , William Fry , Thomas Jones otherwise Harper , John Carbold , James Sundiland , Charles Gawen , John Doe , William Russel , Edward Busby , and Peter Oldfield , on Monday the 26th Instant. John Duckett , a Lad about 16 Years of Age, his Majesty was pleased to reprieve for seven Years Transportation ; John Stanton , and John Thorpe , for Life. Elizabeth Watson , formerly capitally convicted for returning from Transportation before her Term of 7 Years was out, was respited till his Majesty's Pleasure be further known; and on Thursday in the Afternoon, came an Order of Respite for William Fry , convicted of Horse stealing. 1. James Young , was indicted for forging and uttering a certain false and counterfeit Will, with Intent to defraud , Feb. 15th. 2, 3. Patrick Roney and John Bastow , were indicted, for that they, together with John Norman , not yet taken, on the King's Highway, on Joseph Norfield did make an Assault, putting him in corporal Fear and Danger of his Life, and taking from him one blue Cloath Coat, faced with Gold, val. 3 l. one scarlet Coat, val. 3 l. a blue Silk Waistcoat, val. 10 s. one white Sattin Waistcoat, four Linnen Waistcoats, 2 Pair of Breeches, one Pair of Gloves, 6 Shirts, and other Things, the Goods of Thomas Foley , Jan. 27th . 4. Thomas Jones otherwise Harper , was indicted, for stealing one Gold Watch, val 40 l. one Gold Chain, val. 5 l. 3 stone Seals set in Gold, val. 5 l. the Goods of the hon. Lieutenat General St. Clair , privately from his Person, Jan. 20th, 1748 . 5. John Carbold , otherwise Giffling Jack , of Great Yarmouth , was indicted, for not surrendering himself according to the King's Order of the Council . 6. James Sundiland , otherwise James Scott , was indicted for being assembled with diverse other Persons, to the Number of 10 or more, at the Parish of Lidd , in the County of Kent , there to be aiding and assisting in the landing and running Goods liable to pay Duty. August 13th, 1746 . 7. Charles Gawen , otherwise the Papist of Beccles , was indicted for not surrendering himself according to the King's Order in Council . 8. John Doe , late of Norwich , was indicted for not surrendering himself according to his Majesty's Order in Council . 9, 10, 11. William Russel , Edward Busby , and Peter Oldfield , were indicted for that they on the King's Highway, on Charles Steward , Esq ; did make an Assault, putting him the said Charles in bodily Fear, and Danger of his Life; one Gold Watch, val. 10 l. the Goods of the said Charles, did steal and carry away. Feb. 13th . 1. JOHN CARBOLD , aged 35, was born at Halsen in the County of Suffolk , and bred a Baker in Yarmouth . Having served out his Time, by the Assistance of his Friends he set up in that Trade for himself, and lived comfortably upon it; but he could no longer stick to this, when once he became acquainted with the Smuggling-Trade, but left his old Business to which he was bred, and took a House of publick Entertainment , chiefly for Smugglers, in the Town of Yarmouth . He lived here several Years, and got a good Penny by it, the Smuggling-Trade flourishing greatly at that Time; and feeling the Sweets and Profits of it, he was encouraged to venture among them both by Sea and Land. He does not pretend to deny having been a great Smuggler, but said, little did he think that Practise would have cost him so dear as his Life. As to Mischief and Cruelty, he says he never had a Hand in any; nor would he by any Means own that the Information (in Consequence of which, and for not surrendering, he stood as a Felon-Convict) was, or could, justly be laid against him, for that he was not at Benacre at the Time sworn to, and laid in the Proclamation against him. However, when he found how the Case stood, he thought fit to retire, with his Wife and Children, over to the Brill in Holland , where also he kept a Publick-House ; nor was he without the Company of Smugglers even there, and continued still to carry on Business upon the Suffolk Coast; and he says, what called him over to England at the Time he was taken, was to collect in what Monies he had out in the Country; and while thus employed, Carbold, and four more, were taken by a Party of Dragoons near Norwich , and brought to Newgate under a strong Guard. His Wife, since his Conviction, came over from Holland, to take her last Farewell of him, but unfortunately died before him, leaving three small Children at the Brill, destitute of Parents to provide for them. His Behaviour in Newgate has been always quiet and inoffensive, and so he continued to the last, but never would be persuaded to own the Information against him to be true, viz. that he was assembled together at Benacre with divers other Persons, to the Number of 30 and upwards, to be aiding and assisting in landing and carrying away Goods liable to pay Custom, &c. as John Leader swore; tho' he forgave the Informer, he said, as he hop'd God would forgive him at the last Day, and died in Charity. As to the Justice of his Sentence, in Consequence of not surrendering, he acknowledged it, but said, if it were to do again he would not do it. 2. JOHN DOE , aged 26, was born at Stowmarket , in the County of Suffolk , being bred a Sieve-Maker with his Brother in the same Town, and lived there till within this three Years last past, with him. He does not deny having been a Smuggler, but says, he never did Harm to any Body, was never a Man that was riotous and troublesome to his Neighbours, but whatever he did with Respect to running of Goods, which he had been frequently concerned in, was always done quietly, and without any Interruption. He has followed the Smuggling Trade of late Years pretty much, as a Servant to others, but had very small Dealings for himself, being employed both at Sea and Land. But at last, an Information being made against him before a Justice of Peace, for rescuing one Holt from Custody, he was obliged to keep out of the Way as much as he could, and so went over to the Brill in Holland ; and says, he was there when he heard of his being outlaw'd. However, he could not be off his old Employment, but made frequent Trips from Holland , and other Places, to the Suffolk Coast, with Tea, Brandy, &c. and was concerned largely for other Smugglers. The Fact laid against him in the Information he never would own, but denied it to the last, saying, he was in Bed at Carbold's House at Yarmouth , at the Time the Rescue was sworn to be made. His Sentence, in Consequence of the Proceedings and Issues arising from the Information and Outlawry, he own'd to be very just, but could not help reflecting upon the Informer for some Time; and afterwards, being persuaded to think better of the Matter, he said he would forgive him from his Heart, and hoped that God would, tho' he had done him great Injury and Wrong. He said further, that he did not remember he had ever had any Ill-will or Quarrel with any Man, and could safely declare with his last Breath, that he died free from Malice and Hatred, and that he was to die in Love and Charity with all Men. His Behaviour (though quite illiterate) has, in Newgate , been uncommonly civil and quiet. 3. JAMES SUNDILAND , otherwise SCOTT , aged 26, was born at Westram , and lived eight Years with a Master in that Town. He lived for a short Time at several different Places in the Neighbourhood as a Journeyman Butcher , but never had any settled Habitation he said, for any Time, unless at Westram , where he set up in Trade, and had good Business for several Years: However, at the same Time, he does not deny but that he was concerned in buying and selling Tea and Brandy, sometimes more, and sometimes less, according as he could meet with it to his Purpose, or spare Money. He owns he was a Smuggler in the general, but says, he never was of any particular Gang, though shrewdly suspected of it. About two Years ago he was taken by a Party of Soldiers, and charged before a Justice of Peace with Smuggling in general, but no particular Fact laid against him; upon which Account however the Justice thought proper to commit him to the New Jail in Southwark . There he was confined a Prisoner for about a Fortnight, for further Examination, and in the Interim was several Times before the Justice, and nothing material appearing against him, some Friend of his applied to have him discharged; but this could not be brought about till a Petition in his Favour being drawn, was sent down to Westram, and returned back again, signed by a great Number of the principal Inhabitants of that Town and Neighbourhood, and then it was thought fit to set him at Liberty, as no particular Fact was laid to his Charge. Being thus discharg'd, he for some Time made good Use of his Enlargement, followed his Butcher's Business, and kept close to his Shop, his Courage being cooled for a while by his late Confinement. But as Fire that has Water thrown upon it, is abated for a while, and some Time after recovering, burns with greater Heat, or stronger Flames, so, after he had been at Home long enough to let it slip his Mind, the true Temper of the Man broke forth into Outrages. It is said of him indeed, that in his sober Hours the Man was quiet enough, and a good Neighbour, but it seems when Liquor had inflamed him, he was of a very boisterous and troublesome Spirit; several Times, when he came from other Markets in Drink, he would ride about the Town of Westram , intimidating People with Threats and Menaces, so that it is imagined indeed they wished to get rid of him, so as he might have been transported, but did not desire nor wish him to be hanged, as appeared by Endeavours made, since his Conviction, to get him off for Transportation. Among other Things, there was an Affair happened of taking by Force from an Exciseman at Sevenoaks , 2 Tubs of Brandy, which some People laid to his Charge; with respect to this, he said, that all he knew of the Matter was, that as he was going Homeward from some Market, he found indeed two Men had taken 2 Tubs of Brandy, from an Officer, and would have used the Man ill, but for his interposing; and that considering the Officer might have got something by the Seizure of it, he advised to give him Money to make amends for taking it from him. Accordingly he said, the Rescuer's of the Brandy agreed to it, but not having Money in their Pockets, borrowed half a Guinea of him, which by their Directions he gave to the Officer, and they paid him again afterwards. After this, an anonymous Letter threatening a Gentleman's Life, was thought to have been sent by Sundiland, but he denied all; and with Regard to the Letter, said, 'twas impossible it should come from him, as he never could write in his Life; however, there was a Complaint made against him, and a Debt of 80 l. was brought upon him, for which he was taken, and conveyed to Maidstone Goal . While he was there, he was, no Doubt in Fear of Evidence being produced against him, and kept himself as much as he could from every Body's Sight, that came to the Goal. But, to the Keeper and all his People, he behaved in a very outragious Manner, and with Threats if not Blows, and other ill Usage, intimidated some of them so, that they did not care to come nigh him. But, however, by some Means or other, he says, the Evidences, that appeared against him, at his Trial had Sight of him; who knowing him well, declared possitively, that he was the Person, whom they saw in such Circumstances, as the Indictment sets forth, in Company with Arthur Gray , (who was executed in May 1748, for the same Offence) and others; and their Evidence being so positive, he could not but be found guilty yet as he did upon his Trial; so to the last, he persisted in saying, he never saw the Evidences in his Life, till they came to him to Maidstone Goal , among some other People that were about him; and further, that he never was at Lidd in his Life. He had some Hopes of saving Life, which made him put on the Appearance of Undauntedness; but when all Hopes were past, he was more composed and resigned to the Will of Providence, and laid, he hop'd there was Mercy reserved for him hereafter. 4. Charles Gawen , aged 37, was born within 3 Miles of Beccles , and was bred a Shoemaker in the Town. About 5 Years after his Time was out, he took to the Sea, and was Owner of Boats and Keels , which he work'd in himself for some Time, before he became a Smuggler. But he has followed that Trade a few Years, he says, with Success, and whatever Business he was concern'd in was done without any Interruption. He said of himself, that he never was given to quarrelling, or committing any Outrages, and denied to the last, the Veracity of the Informer, nor would by any Means own the having the least Concern in the Rescue of Holt. He was nicknamed the Papist, from the dark Cast of his Countenance, which bore no small Resemblance to the Complexion of the People on the Continent of France and Spain, but was bred a Protestant and so declared to die. His Behaviour in Newgate was uncommonly sober, and quiet from first to last, and from the Time of Conviction appeared with the utmost Resignation to the Will of God, and his Sentence. If being a Smuggler deserves Death, he said he had his Due; but he forgave, as he hoped to be forgiven, and profess'd to have Hopes in another Life thro' the Merits of Christ, that he should be happy. 5. John Bastow , aged 40, was born (as he first told me) at Trumpington , near Cambridge ; was bred a Cooper , and worked for several Years in different Towns in that Neighbourhood, and declared himself a very harmless, innocent Person, but unfortunately and without the least Design of ill in him, he had fallen into the Scrape. This was his Story before, but after the Warrant came down on Wednesday last, he changed his Note; and when I came to talk with him, when all Hopes were past, he said, he would declare his whole Mind to me, and begun as follows, viz. That he was born in Yorkshire , the particular Place he would not name, for Fear of bringing a Scandal upon his Family. His Parents however, he said, were not able to give him any Education, but put him out Apprentice to an Uncle, a Farmer in the Neighbourhood when he was very young. But somehow or other, Things did not go well with him there, and he run away 3 or 4 Times, but was brought back again to his Service, and received proper Chastisement for his several Elopements. The Father knowing all this, and finding this Business would not do for his Boy, got the Indentures from the Uncle, and took him Home to work with himself, being a Mason . This Work he did not like long, though under an indulgent Parent, but his Head run a gadding; Confinement any where he could not bear, and so left his Father, and travelled the Country, till he came to London . The first Employ he entered into here (a hopeful one indeed) was to be Tapster to an Alehouse , and that not of the best Repute; and here he could not stay long, but, as he pretended, having a Sort of a Longing to see his Parents again, he returned to Yorkshire , in no better Condition, if so good, than when he first left that Country. And 'tis well if he had no other Reason for leaving London even at that Time, for the whole of his Life since seems to carry but a very bad Face with it. However, he did not stay long after he got Home, but soon left his Father and Mother, and came to Nottingham , where he got to be a Servant in a Hosier's Shop , and for a few Weeks behaved very well. But at length, his natural Temper broke forth, and he began his Practice of pilfering and stealing, which continued with him almost to his Death. He was artful enough to play fast and loose up and down the neighbouring Countries, and the North for several Years, but had the good Luck to escape being catch'd in his Wickedness for a long Time. His Person and Character were very well known, but he cunningly evaded the Scourage of the Law, by being very private, and reserved. But, about 2 Years ago, he was indicted at York for a Robbery, and capitally convicted; however, the Prosecutor not being willing to sacrifice the Son of a Neighbour, and Countryman, for the Injury done him, made what Interest he could, and 'twas sufficient for that Time to save him from suffering the Sentence of the Law. After this Escape, he went into the Country, and travelled from one Place to another, 'till he was so remarkable as to be obliged to run away. At Leicester and Parts adjacent, he frequented and was looked upon as a notable Hand at the vile Practise of picking Pockets, in all Places of publick Resort, 'till he became so notorious as to be obliged to fly for it. And besides, he was so vile, as to seek Occasion to ingratiate himself with the Youth wherever he came, and ten to one but he brought them to a very bad Way, if he did not work their Ruin. A sullen, yet artful and deceitful Fellow, he always turn'd out even since Conviction, tho' he would sometimes put on an Air of Seriousness and Piety. He would deny To-morrow what he said To-day, and the third Day he would falsify all he said before. As to any other Robbery, he would not particularly confess; and as to this, for which he suffered, he prevaricated every Day, sometimes owning, sometimes denying. When the Boy from whom the Portmanteau was taken, together with Roney and the Ambuscade that was laid to trapan him, came to the Falstaff's Head , the lower End of Fleet-Lane , there was Bastow and others. The Boy being resolved to go away about his Business, went out of the House with the Portmanteau, and when Roney made off with it, Bastow followed up Fleet-Street , and overtook him. They went together into the Temple to consult what to do, and Bastow advised as the safest Way, to get off with the Booty, to cross the Water with it. Accordingly they went down Temple-Lane , and taking Boat at the Stairs, cross'd the Water. Bastow took upon him the Gentleman, and ordered the Waterman to help his Servant Roney into the Boat, which he did, and set the Boat offwith them. He pretended he never saw Roney, but accidentally went in the same Boat with him over the Water to the Borough, to seek Work for the Cooper; but he said at last, when hard put to it, that he did follow Roney and advised him, how he should the most safely, as he thought, get off with the Booty, and designed to share the Plunder, had they not been detected in their Roguery, and taken by the Pursuers. He died an ignorant, insensible Wretch, and nothing but the Blood of Christ can cleanse him on this Side the Grave from the Pollutions of Sin, or free him hereafter from the Punishment due to the Guilt of his ill spent Life. 6. PATRICK RONEY , otherwise KELLY , aged 23, was born at Dublin , and bred up with a tolerable Education in the Fear of the Lord, and with good Care and Instruction, and had not his own natural Inclination turned him aside another Way, he might have done very well in the World, not wanting the Assistance of Friends. He was bound Apprentice to a Silk Weaver , but after a short Time run away from his Master, and has been abroad four Years; he said at first in the Service of the Government, but upon farther Enquiry, he owned that he had been transported, and had return'd before his Time was out; so that his Plea of Defence, that he had not been above a Week in London before the Robbery was committed, for which he suffered, was rather an Aggravation, than alleviating of his Crime. In as much as, tho' so young, and had been severely punished by Banishment, or Transportation, he could so soon forget himself, and run himself headlong into a harder Fate. He seemed to be a Youth of a tender and flexible Nature, was to be pitled for falling into bad Company, which encouraged his natural Disposition too much. He was easily led into any Wickedness, as appears by his being so easily persuaded by James Young to enter into a Scheme for attempting an Escape out of the Cells of Newgate ; which however improbable to bring to Effect, he had, in order thereto, sawed Part of his Fetters, &c. for which he was chained down to the Floor. Being a Papist , he was close and reserv'd, and did not choose to have much Converse with me. The Fact, however, for which he suffer'd, he own'd, and said, that overtaking the Boy with the Portmanteau on his Shoulder in the Strand, he thought him a fit Subject to work upon, as he was out upon the Hunt. He said he asked the Boy to let him carry the Portmanteau several Times, which being consented to, he took it on his Shoulder. When they came to Fleet-ditch , a Man, he said, had found Six-pence, and asked him to go and drink with him. Roney would not own he ever knew this Man before; but, however, he swallowed the Bait, and the Boy, Roney, and the Money-dropper, went to the Falstaff's Head in Fleet-lane, where they met Bastow and another, who all join'd Company, and drank together. When the Boy came away with the Portmanteau, they all followed. Roney took it away, he said, and crossing the Fleet-market , while others detained the Boy, ran up Fleet-street , and being overtaken by Bastow, was advised by him to cross the Water with it. Hebehaved very well lately, lamented his Condition with Tears, and seemed very penitent. 7. EDWARD BUSBY , aged 26, was born at Fulham in the County of Middlesex , and educated in London at a School, from whence he was taken away by his Parents before the Time came for him to be bound out Apprentice, as would have been the Case, had they suffer'd him to stay long enough, which he much lamented, saying, had he staid he might have been introduced into such a Way of Life, as might have prevented his Ruin. After he was taken Home, he was sent to work at making of Bricks , which Business he did not very well like, and besides could not maintain himself by the Wages he got at it, but was forced to be in some Measure still depending upon his Parents. He says, as far as he knows, they were but in very indifferent Circumstances, and by their Behaviour he found, after some Time, that he being burthen-some to them, must betake himself to some other Way of Life for Maintenance and Support, for that they began to behave to him in a very cool Manner. Accordingly, though but very young, he had Resolution and Resentment enough to take himself away from their Presence, and was some Time in Doubt, being now quite left to himself, to what Way of Life to betake himself. He found no-body would employ him without Recommendation and Interest, and of that he was entirely destitute, having no Friends that could be of Use to him. In this Situation, as an Orphan, though Parents living, he was obliged to fix for himself upon some Employ to get his Livelihood by in an honest Way, and at last he resolved on a Sea-faring Life. For 15 Years past he has been a Seaman , scarce ever without Employ, and for some Years past has been in the Service of his King and Country, always able and willing. He had Wages considerable due to him, he said, at his Death. After the Conclusion of the Peace he was out of Service, and as Seamen generally do when they come to be on Shore, he was willing to make himself Amends for the Hardships he had endured at Sea from Winds and Weather, &c. And now he had got into Quarters, where he found he might have Meat, Drink, and all Necessaries for the present, to be sure not without a View to recompense, tho' the Indulgers knew not what particular Time, or how long before that Time came. At length their Patience began to be tired, and he not receiving his Money, could not satisfy their urgent Demands; and when he could not pay, they cast him into Prison in Newgate for Debt. There he remained for some considerable Time, and having got some Pay, he released himself from that Confinement, with a Resolution again to return to the Sea; but not being able to get a Birth, he has idled up and down the Town since his Enlargement, and been concerned in several Robberies with his two Fellow-Sufferers, Oldfield and Russel. His Behaviour was extremely devout and penitent at Prayers, which he was very conversant in, in private as well as publick, and to all Appearance was as well prepared to meet his Fate, as any one in his Circumstances could be thought to be. 8. PETER OLDFIELD , aged 25, was born in the Borough of Southwark , and was bred a Hat-Maker , which Business he lately followed somewhere near Shoe-Lane . He was very close-tongu'd, and silent to all Queries put to him, and would only say he did not choose to have his Name blasted in Papers after he was dead; he was to suffer for what he had done, and thought that Punishment sufficient to make all the Amends that could be made with Regard to the Things of this World. He has been concerned in many Robberies, and a noted Pickpocket, but nothing would he own, unless the Robbery for which he suffered; and even in that he said he had the least Share, tho' he suffered so much for it; for sometimes he would scarce own he was any ways concerned, and reflected upon others, saying, they had sworn away his Life. Being told that they had done no more than himself would have done, had he had the Opportunity of it, he said he would not; he would have suffered for it himself had he been first taken, and would never have betrayed his Companions. It was said to him, he would not appear the better Man in the Eye of the World, or in the Sight of God, for such a Resolution persisted in, for that it was a received Maxim in the World, that it is better to discover Combinations and Conspiracies in real Wickedness, than to cover them; to which Reasons of Interest, as well as Policy, conspired to persuade. He could scarce bear the Sight of some of his Accomplices, who escaped in Consideration of Discoveries made by them; but at length being perswaded, that had it not been for his own Folly and Wickedness, they had not had an Opportunity of making what Discovery was made against him. After a little Reflection, he said that it was true, and for the future he would take all the Blame upon himself, and not entertain any Thoughts of Envy or Malice against those who had been the Means of his being brought to Justice. 9. WILLIAM RUSSEL , aged 22, was born in Yorkshire , and bred to no Business but that of a Husbandry-Labourer with his Parents, who kept a small Farm, and with whom he constantly had his Abode till within four or five Years last past. About that Time he came to London , and has been a Coachman in several Places, but of late he has had his Stand near Hatton-Garden , in Holborn , where he was known by the Name of Capt. Flash, upon Account of his being a brisk, gay, young Fellow, and making a better Appearance than his Brethren of the Whip, generally speaking, did; and no Wonder, because for these two Years past he has been upon the Pad, and as active as any of them all, about the Town, and Neighbourhood of Islington . He was taken very ill presently after Conviction, and could not hold up his Head, nor bear to be talked to. I visited him several Times in the Cells, to pray with him, but as to Particulars, when talked to, he was silent, whether through Weakness of Body he could not, or through Obstinacy of Mind he would not, or a Mixture of both, I cannot determine; but any Robbery besides what he suffered for, I could not persuade him to speak to, and that he did own. When he was taken, in Hopes of being made an Evidence, he gave an Account of some other Coachmen that had been concerned with him. He could not choose indeed but own this Robbery, as he had confessed, and signed his Confession before the Justice voluntarily, as did the rest concerned in it. He lived for three Years after he came to London in good Repute, and well respected; but falling into bad Company, his own Inclinations soon gave Way to consent unto them, to be Partaker in their Wickedness, and so worked his own Ruin. An Account of Part of the Robberies committed by Edward Busby , William Russel , commonly called Captain Flash, the Coachman , and Peter Oldfield , particularly, the Robberies committed by them, and another of their Companions, the Night preceding their being taken. These hardened Wretches have committed a great Number of Robberies, in and about the Skirts of this Town, for many Months past; but as they did not think proper to be particular in those Accounts, I can only relate just what came to my Knowledge, and in the same Words in which it was told. Busby, Russel and Oldfield, were generally pretty constant Companions, hardly ever robbing asunder, tho' they were obliged to separate and fly for it about 5 or 6 Weeks ago, by the Courage of a Man they attack'd in the Spaw-Fields ; their Account of that Fact, which they have heretofore given, is as follows. About 5 or 6 Weeks ago, towards the Dark of the Evening, or rather quite dark, they were in the Fields by the London-Spaw , looking out for their Prey when they perceived coming along a Man and two Women; Busby immediately pulled out a Pistol, and presenting it to the Man, bid him stand and deliver, on which the Women ran screaming away; but the Man, not at all daunted by his Pistol, struck at him with his Hand, and bid him fire, for he would not deliver. Busby knew not how to behave, for by this Time, the Women by their Noise had alarmed all the People at the London-Spaw , whom he perceived coming out with Lanthorns, Dogs, &c. armed with different Weapons; he and his two Companions, who had just then come up to his Assistance, determining to make the Man yield, were frighted at the Posse they saw making towards them with full Speed, and therefore, thought proper to let the Man alone, and make the best of their Way off. Russel and Oldfield got over the Rails, and made their Escape, but Busby not having Time to get away so soon as his Companions, was forced to lie down flat upon his Belly while the Pursuers past him, and then made off, narrowly escaping being taken. Busby, Oldfield and Russel, and several of this Sort of wicked People, lodged together at an old Widow Woman's in Allen-Street , near Goswell-Street, where they contracted an Intimacy with each other, and made their Agreements what Roads they should take to rob and plunder the Publick. On Sunday the 11th of February, as Busby, Oldfield and Russel, were cleaning their Pistols at their Lodgings, they observed a young Man, who was to them a Stranger, but on comparing Notes they soon found him another fit Companion, and that very Evening, after drinking together, they set out, and walk'd all round the Fields, but it being a wet, rainy Night, they did not meet any Body. The next Night, Monday Feb. the 12th. they went together again the same Paths, but with no better Success than before, and returned home without any Booty at all. However, they resolved again to try their Fortune, and accordingly the next Day, which was Tuesday Feb. the 13th, having armed themselves with Pistols and Hangers, they all 4 set out in the Evening again, and went thro' the Fields up to the New-River-Head, quite round Islington , up Islington back Road , but did not meet with any Body; went over several bye Fields, between Islington- Church and Holloway , went over the Fields quite down to Black-Mary's-Hole , and crossed over to Pancras , but yet found no Prey. Then they agreed to lie in the Road till somebody came, accordingly they did; and about twelve o'Clock, perceived two Men on Horseback, when they immediately prepared to seize their Bridles; but on their nearer Approach, they perceived their Intent, and clapping Spurs to their Horses, they got away; they then went into Marybone Fields , staid there till one; then came into Town by Great-Russel-Street , and crossing over into Hanover-Yard , perceived a Chair coming along, on which they all drew Pistols, and ordered the Chairmen to stop, which they did; they then made them put out their Candles, and hold their Hats before their Faces; and while two stood over the Chairmen with Pistols cook'd, swearing they would shoot if they offer'd to stir, the other two opened the Chair, and demanded the Gentleman therein, to deliver his Money, Watch and Rings; he said he had neither, on which they told him they must search him, and accordingly taking him out of the Chair, they began searching his Pockets, where they found two half Crowns, four Shillings, and about three Pennyworth of Halfpence, but no Watch; and thinking he might have concealed his Watch in the Chair, they search'd the Seat and all about for it, but could not find any; perceiving he had a Sword by his Side, they made bold to take that, for which he intreated again very much, saying, Gentlemen, I beg you will give me my Sword again, it really is not of any Value to you; but they would not believe him, as he had deceived them in saying he had no Money; and therefore refused to give it him, but at the same Time, told him, if when they came to examine it, they found it neither Gold nor Silver, if he would advertise it, he should have it again. So putting him into the Chair, they wish'd him good Night, and bid the Chairmen go on. While this Robbery was committing, a Man happened to be coming thro' Hanover-Yard , on which one of the Rogues stepp'd up to him with his Pistol cock'd, swearing he would blow out his Brains if he did not immediately return back, which the Man very willingly did. By this Time, it was near two on Wednesday Morning; they then patrolled the Streets till they came to Knave's Acre , where they stopp'd a Hackney Coach, in which they perceived a young Woman, with a Bundle; they demanded her Money, but she pleaded, that she was indeed no other than a poor Servant Maid, just come out of Place, and that she had but eighteen Pence, which she gave them; they would not believe her, but search'd her Pockets and Bundle, and one of them was for taking the Bundle away, but another of the Rogues finding no more Money than the eighteen Pence, believed her Story, and would not suffer his Companion to meddle with the Bundle, gave her the eighteen Pence again, saluted her, bid the Coachman drive on, and wish'd her a good Night. From thence they proceeded to Burlington Gardens , and perceiving a Chair coming along, they drew their Pistols, order'd the Chairmen to put out their Candle, hold their Hats before their Faces as before, and then demanded of the Gentleman in the Chair his Money and Watch; he handed out his green Purse, with five Guineas and an Half at one End of it, and two Six-pences at the other, but said he had no Watch; upon which they began to search him, and he handed out his Watch, saying, Here, take it; 'twas a single cased Gold Watch, with an enamelled Dial-plate, a Gold Chain, and three Gold Seals. They then bid the Chairmen go on. After this they consulted where they should proceed next, it being about three in the Morning, and it was proposed to wait for the Stage Coaches towards Hyde-Park Corner , and rob them, but at length it was resolved on to go Home, which they did all, except Russel, to their Lodgings in Allen-street , where they got about four in the Morning, and went to Bed. Russel parted with them at Hockley in the Hole , who promised to come to their Lodgings by 10 in the Morning, which he did, and was taken. There having been Information given against them as notorious Thieves, about seven in the Morning several Persons, properly arm'd, came to their Lodgings, broke open their Door, took them out of Bed, secured them, and carried them to Clerkenwell Bridewell , from whence they were committed to Newgate . 10. JAMES YOUNG , aged 27, was born at Edinburgh in Scotland , had an Education to read and write, but was bred to no Business. Before his Parents had determined in what Method to introduce him into the World, he took himself away from them, and went to Sea . This was when he was about 11 or 12 Years of Age, and he has in general followed that Way of Life ever since. Since his being discharged the Service, he kept a House whereto Seafaring Men used to resort ; so that having an Opportunity to over-hear their Talk, 'twas no very difficult Matter for him to find an Opportunity of putting in Practice his wicked Purposes to cheat and defraud the unwary. He had said, 'twas his Business to find out Tickets; what he meant by it, I could not persuade him to own clearly. Some, who had known him very well, did not scruple to say, that this was not the first Time of his transgressing in this Way, and that he had been a bad Fellow: But he was determined to say the contrary, and was so far from owning any other Case of this Kind, that he would not take upon himself the whole Scene of Iniquity perpetrated in this vile Scheme, but persisted to the last in declaringwhat he made his Defence upon his Trial. Upon several Examinations, which I had of him, he still would have it, that William Brockman was the Man that betray'd him into this wicked Affair. He said he owed him Money, and that he had frequently ask'd him for it; but that the last Time of asking, he proposed the Thing to him, as the Means whereby he might pay himself. Brockman, he said, had search'd the Books, and found William Bennet vacant, as it is called in their technical Terms, i.e. dead, and he told Young, that he was the real Executor of his Will, which he had provided for the Purpose, and that if he would go to the Commons and prove it, he might receive the Money, and pay himself; and tho' he was advised of it, that this did not agree with the Account he had formerly given, yet he insisted upon it to be, as he said. He would not confess the forging of the Will, nor signing it; but his Conscience charged him Home, and with Respect to his taking the Oath that he was James , Brother of William Bennet , he had great Uneasiness in his Mind, and lamented very much the having thus forsworn himself. This seemed very much to intimate his thorough Knowledge of the whole Affair, though he never would say that he did the Whole. It was certainly a very vile and iniquitous Affair, and there is too much Reason to believe that it was not done without his Consent, and therefore his Punishment was highly deserved; for had not the poor Father been to be found, he might have had his wicked Purpose serv'd, to the great Injury and Prejudice of his grey Hairs. And besides, His ill Behaviour while under Sentence of Death, was a strong Presumption he was not that innocent Man he would have appeared to be; for he pretended Sickness, in order to have an Opportunity, while others were at Chapel, to saw off his Irons, which he did, and to use other Means towards making an Escape; which he owned to be the Invention of his own wicked Imaginations, and had persuaded one more to be concerned with him. It was very lucky they were detected in this their Villainy before others came into it, which, no Doubt, they would have done, if Opportunity had been permitted. But they were nipped in the Bud, and all Hopes of any Thing of that Kind cut off; though indeed it was at best but a forlorn Hope; yet, as no one knows what a great Fire so small Sparks might have kindled, and what Mischief might have rose from it, the Discovery may be said to be very fortuitous and providential. If he was not the wicked Contriver of the whole Forgery, he was the main Instrument by which the Cheat was to be brought about, and without his Privity and Consent to the Whole, it is scarce credible how he could have entered into any Share of it. He was much uneasy and troubled in his Mind to the last, and declared himself heartily sorry for what he had done; but for what worldly Reasons I know not, he seems not to have declar'd the whole Truth of the Affair; which he was the more pressed to do, that such bad Practices might in some Measure be exposed, and Impositions of this Nature be guarded against for the future; which every Discovery of this Nature may tend to do, 11. THOMAS JONES , otherwise HARPER , aged between 40 and 50 was born in Dublin , and bred to no Business, so that he had his Livelihood to seek ever since he forsook his Parents, and it would be a difficult Matter to produce any Evidence of his having got an honest Livelihood during any Time of his Life; but numberless are the Instances of the contrary said to be; both England and Ireland have rung of his Fame, as a notorious Pickpocket, and by Way of Distinction in Dublin , he went by the Name of Banbridge the Pickpocket. Being a Papist , it was prejudicial to his Salvation to own the Truth for the publick Good; what he did with Respect to auricular Confession, is best known to the Gentlemen that visited him; however, when I spoke to him, he was so modest as not to deny the Fact, though he would not own it, but said, whether or not guilty, he was to suffer for it; however, the Fact seems to have been plain enough proved and fixed upon him, to the Satisfaction of the World, for the Punishment he suffered. Several Applications were made to me to enquire of him after several Robberies said to be committed by him, and which have been reported by some of his Accomplices to have been done by him; but he denied all. However, that daring Attempt on the Gatehouse upon his Account, shews how much he was respected by this abandoned Sort of People; and for what Reasons they would venture upon such an Undertaking to rescue him from thence, I leave to the Reader's own Judgment. At the PLACE of EXECUTION. ON Monday, about 9 o'Clock in the Morning, Young , and Jones , otherwise Harper , in one Cart, Carbold , Doe , and Gawen , in another, Sundiland , Russel , and Bastow , in the third, and Busby , Oldfield , and Roney , in the fourth, went from Newgate to the Place of Execution, and suffered the Sentence of the Law. None of them said any Thing particular at the Place, except Sundiland, who declared to the Populace, that he died innocent of the Fact for which he suffer'd. They all behaved well, serious, and composed, except Busby, who laugh'd very heartily more than once, in speaking to some Acquaintance to take care of his Body, which Behaviour surprized every Beholder. When I went into the Cart, from which they were executed, I spoke to him particularly, and said, he had forgot himself and his Condition at this latter End. He replied, No, Sir, I had no evil Thoughts; and appeared very composed and attentive afterwards, as did all the rest. When the Bodies were cut down, the four Smugglers were put into a Hearse, to be conveyed to their several Places appointed; and the rest were taken care of by their Friends. The whole was conducted with the utmost Decency, and without any Disturbance or Tumult. This is all the Account given by me, JOHN TAYLOR , Ordinary of Newgate .

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THE ORDINARY of NEWGATE his ACCOUNT, Of the Behaviour, Confession, and last dying Words of Lovi Houssart , who was Executed in Bishopsgate-street , on Monday the 7th of this Instant December. AT the KING's Commission of the Peace, and Oyer and Terminer, and Goal Delivery, &c. Opened, before the Right Honourable Sir Peter Delme , Knt . then Lord Mayor , the Honourable Mr. Justice Tracy, Mr. Baron Price, Mr. Serjeant Raby, and several of His Majesty's Justices of the Peace, for the City of London and County of Middlesex, at Justice-Hall in the Old-Baily , on Wednesday the 4th of October last, seven Men and one Woman were by the Jury found guilty of Capital Crimes. Among them was Lovi Houssart , who being, a considerable time ago, apprehended and tryed for the Murder of Anne his Wife , by giving her one Mortal Wound in the Throat with a Razor, or some other shurp Instrument, was, thro' want of sufficient Evidence, acquitted. He was afwards try'd and convicted of Bigamy. An Appeal was then lodg'd against him, by Solomon Rondeau , Brother and Heir to Anne Houssart , but found Defective, and therefore cancel'd. When he was brought upon his Tryal, on a new Appeal, the Counsel of the Appellant and Appellee agreed to join Issue upon the Plea of the Prisoner, which contain'd six Matters, in Bar and in Abatement (as that another Appeal was yet depending: That there was a Misnomer: That he was not Labourer, but Barber Chirurgeon : That the Appeal mention'd Persons not existing, as John Doe and Richard Roe , &c.) He was plainly answer'd to these Objections; and on his Tryal, was found guilty of the Murder, upon Circumstances the most strong and convincive that for many Years have been known or heard at the abovenam'd Court of Justice. Upon his Conviction, Sentence was not pronounc'd upon him, till the 30th of Nov. last. Before he suffer'd Death, I endeavour'd to Instruct him from the following Words of David, Deliver me from Blood-guiltiness, O God Psalm 51. ver. 14. From whence we First consider'd the nature of Blood guiltiness; According to (1.) The Law of Nature; to which Murder is contrary; and altho' so weak was this Law, that even in the most refin'd Times of the Greeks and Romans, Murders were allow'd in publick Sports and the Solemnizing Funerals, Sacrifices, &c. yet Seneca, in his 7th Epist. condemns such barbarous Spectacles; and Cicero in his Tuse. Quest. calls 'em cruel and inhuman Showes. And tho' the Spartans had a Law, that no maimed Child should be bred up, but exposed to wild Beasts; which was allow'd among the Romans, when a Child was Maim'd, or Spurious, or Infirm, or when the Parents could not provide for it (both the Greeks and Romans following the Law of Plato therein, and the Advice of Aristotle;) yet, a few Centuries before our Saviour, many learn'd Heathens began to complain of the Barbarity of thus exposing their own Off-spring to Birds and Beasts. &c. (2.) According to the Jewish Law. For altho' the Jews enervated the sixth Command by Blood shed thro' Zeal; and tho' nothing was so much wanting among them as the Love of Mercy, toward all other Nations, as Josephus says; which Spirit discovers it self even in the excellent Son of Syrach, Ecclus. 50. 25. which led the Apostle to say, they were contrary to all Men, 1 Thess. 2. 16: Yet the Law of Moses was most express that whosoe sheds Mans Blood, by Man should his Blood be shed. Thus, tho' David was led into the Crime of Murder, by his extravagant Love of Bathsheba; yet when his Reason was cool, he was so regardful of the Life of a Man, that when he long'd in the heat of War, and cry'd and said, Oh! that one would give me to drink of the Water of the Well of Bethlem, and three mighty Men broke thro' the Host of the Philstines and drew Water, and brought it to David, we read that neversheless he would not drink it, but poured it out to the Lord, and said, Be it far from me that I should do this; Is not this the Blood of the Men that went in jeopardy of their Lives? 2 Sam. 23. (3.) According to the Christian Law; which saith, he who hateth his Brother is a Murderer; which forbids us to grudge one against another; commands us not to e angry without a Cause; not to render evil for evil; but to have such Charity as envyeth not; In Imitation of Christ; All we like Sheep have gone a stray; we have turned every one to his own way, and the Lord hath laid on him the Iniquity of us all. He was oppressed and he was afflicted, yet he opened not his Mouth, he is brought as a Lamb to the Slaughter, and as a Sheep before her Sheers is dumb, so he openeth not his Mouth. He is despised and rejected of Men, a Man of Sorrow, and acquainted with Grief; and we hid as it were our Faces from him, he was despised and we esteemed him not. Isa. 53. SECONDLY, We consider'd the particular Murder of Kindred and Relations. And that the Sin of Parricide might be illustrated by the Crime of Incest. If Incest is so great and heinous a Sin, Parricide must be greater; One may be supposed to be with the Party's Consent, the other is by Violence; One defiles and pollutes, the other destroys the Body, One is giving a bestial Delight to a Relation, the other a painful Death. As the Scripture aith, That Man and Wife are no more twain but one Flesh; and that nothing but God should seperate them; and that a Man should love his Wife as himself, for who ever yet hated his own Flesh; 'Tis wonderful that if any Person his, without Provocation, with cou deliberate Thought, hurried so near a Relative unprepared into the other World, without allowing her that Space for Repentance which the Law allows the greatest Malefactor, he should not be always overwhelm'd with Tears; And still more wonderful, that he should sometimes laugh, and peremptorily affirm, That he has done no ll; Wonderful, that the Sight of that Body, which he once lov'd, cover'd in a Moment with Blood, should not at that Instant strike him with Confusion and Amazement, and afterwards leave an Impression of Horror upon all his Words and Actions. THIRDLY, We took Notice of the Crime of Suicide; which is contrary to the Law of Nature; tho' Epictetus, Zeno, Cato, and even Sene, nay, almost all the Stoicks, held it lawful for a Wise-man to destroy himself; The Epicureans and Platonists held the same Opinion: But Pythagoras was an Enemy to such a Doctrine; and Aristotle says, To Die, to shun Grief, is not the Part of a Brave, but a Cowardly Man. We advised the Prisoner, as he had threatened to lay violent Hands on Himself, to Repent of that Rashness. Impatience, and want of Submission to God and Justice; to Repent, of having accused God of Cruelty in laying upon him more than was fit for Man to bear; and of intending to usurp upon the Right of God, who, as he alone can give, can only take away Life For who, to avoid Temporal would run upon Eternal Misery? &c. LASTLY, We advised him no longer obstinately to deny his Guilt; since a free Confession before all Men, would be so far from loading him with more Shame and Disgrace, that, by shewing him Candid and Ingenuous, and sorry for his Crime, it would be the Way to make all Men think of him with some Pity and Concern. Wherefore we are commanded by St. James to confess our Sins one to another. We advised him to reflect on what had been offer'd to prove a Resurrection, and no longer to maintain his absurd Opinion of a perishable Soul. That by this means he might be an Object qualified to receive the Holy Sacrament, and a Candidate for the Manns prepared by Christ for Believers. &c. The Account of this Malefactor under the Conviction of the Law. THIS Malefactor's continued Perseverance in denying his Guilt, has induced several Persons to believe him Innocent. When first he was under Confinement, he was much Dejected was continually employ'd in perusing the Books of Devotion he was furnished with, and desired and had the Assistance also of a French Minister, as he had been most accustomed to hear Divine Service in his own Language. But after he was brought upon his Tryal the first time and acquitted, his Deportment and Discourse alter'd, he assumed the Appearance and the Talk of a Man easy and innocent in his Thoughts; and when his Brother, from Holland, went into the Prison to see him in his Troubles, he made so light of the Condition he was in, as occasion'd great Uneasiness to his Brother, so that he left him very abruptly, and returned into Holland with great Surprize and Astonishment. BEFORE he was Convicted of Bigamy, he said he should not trouble himself to make any Defence, for 2 Reasons; because he knew it was resolved to Convict him; and because his Conviction could be no Scandal, for where was no Fault there was no Disgrace, and to Wed a second Wife, when the first was justly turn'd off, could be no Fault. He afterwards added, That his first Wife was a Socinian, an Irrational-Creature, no Christian, nor could be entitled to the Advantages of any Nation or People; and accordingly the Scripture says, with such an one we may have Conversation, nor so much as eat with them. But as to the Killing her, he denied it. AFTER he was Convicted of the Murther, and was carried to the Chappel with A. Deval, J. Blake, and the other Convicts, his every Word and Look were full of Bitterness and Venom against the Court and his Accusers, and he told several who desired him to be more compos'd. That he was not sorry that he had Arraigned the Justice of the English Nation, in the Face of the Court that Tried him, but sorry he had not done it more largely; he would still find an Opportunity to speak, tho' he could not act, his Mind. A. Devall said that this Prisoner would sometimes divert him from Reading, by puzling him with Difficulties and Objections; and puting Queries to him relating to the Reallity of a Resurrection and future Existance. But the Person with whom he seem'd the most pleas'd was John Sheppard ; and while they were in the Condemn'd-Hold, they were sometimes very Merry and Jocose together. It appear'd plainly that he was not then making any preparation for Death, from several Expressions which I heard proceed from him; for Instance, when a great Number of Sparks from their Charcoal Fire issued swiftly forth, he wish'd (to Sheppard) they were all of them Bullets, that the Prison might be beaten about his Ears, he might dye like Sampson. After Sentence of Death was past upon him, and he had no Hopes of Favour from his Superiours as appeared from his insulting the Court, in so audacious a Manner, he made no scruple of declaring, he would not be hang'd, as they had found him guilty of Throat-cutting, he would verify their Judg ment, by cutting his own Throat; since he could prove it to be no Crime. These false Notions were so rooted in his Mind, that the Day after his Condemnation, he strenously argued, that the Soul and the Life was one and the same thing, quoting the Beginning of Genesis, where (said he) 'tis recorded, God breathed into Man a Living Soul; therefore (continu'd he) when that Breath of God prishes from us the Living Soul we find dies and perishes too; &c. He proceeded afterwards to say, dy thus you would have me believe all the strange Notions of Ministers, That the Devil is a real Thing; That our kind God punishes poor Souls for ever and ever; That Hell is full of Fire &c. I wish I could believe ye 'tis so with me that I cannot. &c. As his nature appear'd so obdurate, and so relentless with Regard to himself and his best Wife, it was remarkable, that he should have such a Concern and Tenderness for his Second Wife and his Child, as to shed Tears (which he did the Tuesday before he dy'd) at the Consideration of their being left without a Sufficiency to support them. In the Afternoon he also shed Tears, when he observ'd that the News of his Condemnation would reach the Years of his Father (Ninety Years old) and of his other Friends in Holland and France. He said, after this, That tho', as to himself, he was as willing to Dye as Live; yet it cut his Heart to think he should be hang'd between Heaven and the Earth, as unworthy of either, and his Body be pointed at and shewn to his Wife and Child; and they reflected upon for Murder. But this Tenderness, as it made no part of his Nature, soon disappear'd, and the next Day, when a French Minister charitably went to visit him, and told him he must confess his Offence or expect to be damn'd; he reply'd in a Rage, You must look for Damntion to your self, for uncharitably supposing I am guilty, without knowing any thing of the matter. And being by me desir'd not to think of this Life, but to place his Thoughts upon Eternity altho' he promis'd he would regard chiefly his Soul, he afterwards made it his principal Business to enquire, Who was to be apply'd to for a Reprieve, since the Appeal had cut him off from his Majesty's Cognizance. &c. At the Chappel the Day preceeding his Death, he appear'd to be attentive; but 'tis to be doubted whether it was occasion'd by a real Regard to Futurity; Because after the Sermon, when I talked with him, all his Efforts were turn'd toward casting an Odium upon certain Persons who had mention'd to him the Blackness and Heinousness of his Crime, and had urg'd him to confess it for the satisfaction of all; frequently smiling and laughing and asserting his Innocence. &c. As he desir'd me to go to him, that same Evening: I hoped to find him different from what he continu'd. For he appeared much discompos'd at a French Minister's bidding him Confess his Crime. It was our Design to carry on our Argument against his Heterodox Notions; but he had much alter'd his Sentiments, or pretended to have done so; for altho' in the Morning he argued that the Soul would sleep with the Body, &c. i Night, he refus'd all Argument; and when asked, said he believed God and a Resurrection; and afterwards added thus, Pray say nothing more of my Guilt, if ye will only pray with me I will joyn with ye as long as ye please. After Minister appointed by me, had preach'd to him on Sunday Afternoon, The Prisoner told him, he had cruelly charg'd him in his Sermon; and that such a Discourse he should have preach'd before the Court, and those who were guilty of the Murder of him; Then spoke to the Congregation, boldly proclaiming and avering his Innocence. The Morning of his Death, he was very angry when he found the Sacrament could not (by the Cannons of the Church) be administr'd to him, without his Confession. At the Place of EXECUTION, &c. WHen he arriv'd at the Place appointed for his Death, he turn'd pale, and was very Sick. When we told him we would not pray by him unless he would confess the Fact, but he must suffer Death immediately: He answer'd, he wish'd we would give him the Prayers: But tho' we should refuse, he would not charge himself with what he was ignorant of: Afterwards, when in the Cart we earnestly conjured him to redeem his Soul from Ruin, by uttering the Truth, and not regarding this World. He continu'd to reply, Pray do not tempt me; pray do not trouble me; I am glad of the Prayers ye give me, but this Advice is unprofitable; I will not make my self worse than I am, &c. It was observ'd by the Spectators, that after we left him, he did not offer up to God any private Prayer; Nor at the Moment of his Suffering, did he, as is usual and requisite, call upon God and Christ, to rescue and save his Soul; which was somewhat strange, Because when I repeated the Prayers he always repeated them with me. Before I left him, he gave me a large Paper, which I was in hopes contain'd his acknowledgement of the Fact; But (besides several bitter Expressions against the Court of Justice) it was as follows; I Lovi Houssart am 40 Years old; and was born in Sedan a Town in Champagne near Boulloneis ; I have left France above 14 Years. I was Apprentice to a Surgeon at Amsterdam , and after Examination, was allow'd by the College to be qualify'd for that Business; So that I intended to go on board a Ship as a Surgeon; But I could never have my health at Sea. I dwelt some time at Maestricht in the Dutch Brabant where my aged Father and my Brother now dwell. I travel'd thro' Holland , and was in almost every Town: My two Sisters are in France; and also many of my Relations; for the Earth has scarce any Family more numerous than Ours. Seven or eight Years I have been in London ; And here I met with Anne Roudeau who was born at the same Village with me; and therefore I lov'd her: After I had left her she writ to me, and said she would reveal a Secret; I promised to be Secret; and she told me, she had not been Chast, the Consequence of it was upon her; upon which, I gave her my best Help and Assistance: Since she is dead, I hope her Soul is happy. &c. This is the Account that is given by me, T. PURNEY Ordinary and Chaplain. LONDON : Printed by JOHN APPLEBEE , a little below Bridewell-Bridge in Black-Fryers .

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THE ORDINARY of NEWGATE his ACCOUNT Of the Behaviour, Confession, and dying Words of the Malefactors, who were Executed on Monday the 14th of this Instant March at Tyburn. At the King's Commission of Cyer and Terminer, and Jayl Delivery of Newgate, held (before the Right Honourable Sir FRANCIS FORBES , Kt. Lord Mayor of the City of London , the Honourable Justice Denton, Mr. Baron Hale, Sir William Thompson , Knt. Recorder , John Raby , Esq ; Serjeant at Law ; and several of his Majesty's Justices of the Peace, for the City of London and County of Middlesex) at Justice-Hall, in the Old Baily, on Wednesday, Thursday, Friday, Saturday, and Monday, the 2d, 3d, 4th5th and 7th of March, 1726, in the twelfth Year of his Majesty's Reign, Seven Men were by the Jury found guilty of Capital Offences, and receiv’d Sentence of Death. While under Sentence they were instructed in the first Principles of the Christian Religion; how that Man being made after the Divine Image, in Knowledge, Righteousness, and Holiness, had fallen from his primitive Estate of Perfection by his Apostacy fr God; upon which account he had rendered himself obnoxious to the Penalty denounced against the transgression of God's Laws, and that both in this Life and that which is to come: From this I took occasion to shew them that Man being altogether incapabl of recovering himself, or retrieving the Divine Favour. which he had justly forfeited, then it was that Gd, out of pure Love and Companssion to the Miserable, was pleas'd to remember us in our low Condition, and to give his only Beloved Son for the World, that whosoever believeth in him might not perish but have eternal Life, John iii. 16. And since God had loved us in so wonderful manner, how ought our Hearts to be inflamed with Love to this God who had loved us so undeservedly, and who, if he had not taken pity pon us, might most justly have thrown us into that bottomless Pit of Perdition, there to be reserv'd with the evil and his Angels, i Chains of Darkness, against the Judgment of the great Day, from whence the is not the least hope or possibility of Redemption &c. I exhorted them to believe in the Lord Jesus Christ, that they might be saved; to endeavour to attain that Faith which worketh by Love, bringing, forth manifold Fruits unto new Obedience, Holiness, Virtue, &c. I Shew'd them the necessity of repenting of all their Sins, from Acts iii. 19. Repent ye therefore and be converted, &c. and except we repent we shall all likewise perish. From these Texts of Scripture I endeavour'd to move, them to a hearty and sincere Repentance, as for Sin in general, so particularly for those heinous Sins Whereof they stood convicted, and the vicious Course of Life which they had followed, and whereof their own Consciences could not but accuse them, &c. I demonstrated to them from many undeniable Reasons, that virtuous, and holy Life infinitely excels the most delicate Pleasures of Sin, which are but imaginary, and of a momentary duration, &c. since Wisdom's Ways are Pleasantness; and all her Paths are Peace, &c. I instructed them in the Nature and Designs of the Christian Sacrements, both Baptism and the Lord's Supper, which are two Seals of the Gospel Covenant, and that they having in so many Particulars broken their Baptismal Vows, being now to leave the stage of this World, ought to renew themselves by Repentance, for obtaining which disposition of Soul one special means was to approach Christ in the Sacrament of the Lord's Supper by a worthy partaking of which sacred Symbols, as the affections should be wean’d from this World, so should. they be settled upon things in Heaven, and they themselves fitted and prepared for the enjoyment of everlasting Rest, &c. While these and many other Instructions were given them, scarce any thing of that Seriousness and Devotion, which is more especially requistite in Men in their Circumstances, upon the very brink of Eternity, appear'd, which needs not be thought strange, considering the Dissoluteness of their former Lives, having accustom'd themselves to nothing but Sensuality, so that all of them were grosly ignorant of God and Religion; neither could any of them Read or Write, excepting Hill, who was repriev'd, and they had so little frequent ed the public Worship, that none of them could make any Responses excepting the said Hill, and Mr. Jones who always appear’d outwardly to be very devout and attentive both to the Prayers and Exortations. Some of em, perticularly Barton, were so little concern’d that after the Dead-Warrant was intimated to them, they augh’d in time of Worship, (as several who saw them inform’d me) for which I Sharply rebuk’d them, &c. The case of these miserable unhappy young Men proves to us the truth of the Wiseman's Assertion, That the Fear of the Lord is the beginning of Wisdom; and the Knowledge of the Holy is Understanding, Prov. ix. 10. Upon Thursday the 10th of March, the Report of these seven Malefactors, under Sentence of Death, was made to the King in Council and Robert Hill for stealing a watch, and William Newman for stealing a Watch, receiv’d his Majesty’s most gracious Reprieve; the other five, William Swift , Benjamin Jones , Francis Baily , John Barton , and William Gates alias Vulcan , were ordered for Execution. As to their Behaviour and Consession before, or at the time of their Death, to all desirous or concern’d to know the same, what follows is an ingenuous Representation. Benjamin Jones was convicted for breaking open the Shop of Mr. Beesely, a Distiller, in Clare-Market , in the Night-time, and stealing thence Money, some Silver Plate, negotiated Notes, &c. to the value of 400 l. or thereabouts. Benjamin Jones (o he said )25 Years of Age, had Education at School by his Parents, and in Service of a young Gentleman , which he no ways improv'd; either for want of Capacity, or Slothfulness, and perversity of Temper, taking no delight in his Books, so that if he had learn'd any thing when he was Young, he had almost forgotten it, not being capable to read the Bible, or other Book whatsoever. When of Age, his Friends Intending to bind him to a Vintner in London, or some other Business, (as he affirm'd) he did not love the same, but took himself to the Sea , where he serv’d on Board of one of his Majesty’s Ships and some Merchant for some Years; but weary of this Employment, when he came home some Years ago, he married a Wife, and kept a Publick-House in Ratcliff Highway for some time; his Wife dying, he gave up Housekeeping, and took Lodging in the City, where he hath liv’d for two Years past without Business or any visible way of subsisting himself or his Family. Being ask'd, if he committed the Robbery of which he was convicted? he answer'd, No. I intreated him for Gods’s sake to spek ingenuously, and not to enter into Eternity with a Lye in his right hand, If. xliv. 20. he said that he would till Death deny that Fact of which he was altogether innocent and ignorant. I ask'd him, if he had ever been guilty of any other Robberies? to which he answer’d in the Negative, adding, that he never had the least intention or thought of following such a wicked and sinful Life, that he was not one who could be denominated a wicked Man, having never injur’d any person in their Goods or Property, neither had he ever addicted himself to several vices, which are too commonly practis’d by inconsiderate young Men, and except that sometimes, which happen’d but rarely, he might Drink to excess or Swear a little, he did not indulge any particular Vice. He said, if he had not been taken up for that Robbery, by this time he had been gone for Jamaica to his Brother, who are in good Business there, and had written for him to come over to them. As for the Silver Ladle and Cup which was found in the Necessary-house, as a dying Man, he declar’d that accidentally he found them in the street, as he was coming home te at Night, and that when he was put into the Condemn’d Hold, meeting with Edward Burnworth alias Frazier , and giving him an account of the Crime of which he was Convicted, the said Frazier told him that he was the Person who committed that Robbery in breaking open Mr. Beesely’s Shop, and that as he was going towards Lincoln’s-Inn-Fields, meeting the Watchman, he drop’d the Silver Plate and piece of Iron which he had in his Hand, for fear of being taken up, and because of the darnkess of the Night, not well knowing whether it was Silver or not, and being indifferent about it, since he had such plenty of Money and Gold, and some other. Things in his Pockets, which he had taken out of the Shop. This Frazier, as a dying Man not expecting to live many Days, asserted to be the plain Verity, and that he was sorry another should suffer for his Crime. I ask’d Frazier, if this account was true? who said that it was, and that he had written tho full Narrative thereof to Persons of the highest Quality. I frequently exhorted Mr. Jones Condession, since he dying with a Lye in his Mouth, would be a double Guilt, and might provoke God to cast him off for ever. &c. He said that he would never accuse himself falsely, and that his affairs were no otherwise than he had represented them. He was troubled, that he had neglected his Education, which was the caue of his being so ignoraqnt in Matters of Religion, he declar’d his believing in Jesus Christ, as the only Saviour of Sinners, that he sincerely repented of all his Sins, that he dyed in Peace with all the World, and an unworthy Member of the Church of England. Francis Bailey was found guilty by Jury and cond for breaking an House about Pccadilly, and steal Household Goods, such as Pewter, Table-Napkins, to a very considerable Value. Francis Barley , aged 39 Years, born in Worcestershire , mean Education, and could neither Read nor Write, that he understood but little of the Christian Religion. was a Baker by Trade, but leaving his Employment went into the Army , and serv’d as a Soldier , Corpo and Serjeant , about 20 or 21 Years: He consess’d mself to have been guilty of a great many Robberies ch might have taken away his Life by the Laws of Land; that out of an idle Humour, and convetousness Money, he had followed such wicked Practices for me Years past; not that he gave over his own Employnt altogether, but sometimes when he thought of a venient Opportunity, and that a Discovery would not dily be made, he broke and plundered Houses, and for what he knew or heard he was never suspected being guilty of such Crimes till he was apprehended the fact for which he died. Being ask’d if he comitted the Robbery of which he stood convicted, he de 'd it. asserting that it was one of the most infamous, cked Women in the World who had sworn away his life, as she had the Life of some others, besides several there whom she had got transported and whipp’d &c. told him that it was to no purpose to dissemble since was within a few Hours of Eternity, and that as God atted all impenitent Sinners, so in a more especial manner yars were detested by him, who is the God of Truth, nd that if he went into Eternity asserting a Lye, this ery Sin unrepented of might be the cause of eternal eperation between God and his Soul. &c. He said that e had not the least expectation of Life, and as whithin a ew Hours he was to answer to his Maker, he knew nohings less or more of the Robbery for which he died, and that the man who robb’d the House, as the Officers came to take him, run away and make his Escape. I ndeavour’d what I could to instruct him is the Principles of Christianity, particularly in the Sacraments of Batism and Lord’s Supper. &c. He express’d an heartly Repentance for all his Sins, acknowledging the Justice of God in bringing him to such a shameful Death for a Life so wicked and ill-spent, but that his ruins was Coetousness and Idleness. He declar’d a strong hope and confidence in being fav’d by the Mercy of God, through the merits of Jesus Christ; that he heartily forgave all Men who had any manner of way injured him, as he expected Mercy from God, and died in Communion of this Church, of which he was an unworthy Member. William Gates alias Vulcan was found guilty by the jury, and convicted upon an Act of Parliament and Proclamation, by which Deer Stealers were commanded to surrender themselves within 40 Days, which if they neglected to do, if apprehended and found to have been one of them nam’d in the Proclamation, they were to undergo the Penalty of the Act of Parliament, which is Death. William Gates alias Vulcan , 27 Years of Age, was grosly ignorant of Religion, not understanding to Read or Write, not for any neglect of his Parents or Relations, but because of his own wicked and obstinate Temper when a Boy, as unwilling to be instructed in Things which might be useful with respect both to his present and future Happiness. He confess’d himself to have been guilty of Deer-stealing contrary to Act of Parliament, but thought it too final a Crime to Suffer Death for it. I told him, the King and Parliament were best Judges for that, neither should private subject censure but submit to the Laws they had wisely enacted, more especially, since the late Act against Deer-stealing was made upon most just and wife Reasons yet that wicked parctice not only being a depriving others of their just Right and Property, but frequent Murders and other outragious Villanies ensuing thereupon. He confess’d that he was present where a Man was shot, but knew nothing of it, and had no hand in it. And as to his not surrendering himself, he pretended that when the Proclamation was emitted, he was out of Town at Fairs, and being ignorant, and not understanding to read, he did not consider the dangerous consequence of Disobedience. I advis’d him upon several weighty Reasons to submit to the Will of God, who thought fit thus to chastise him for his Sins; he said, he did so; but complain’d much of the Evidence who appear’d against him, as by far more criminal than himself, and at that time having Deer, which he had stol’n, in his possession in Town; &c. I told him, that these Complaints were to no purpose now, but that it was his Duty to forgive all Men, &c. which he frankly did. He did not appear so tender-hearted for Sin, as was needful, but declar’d, that he died in Peace with all the World, in hopes of being fav’d, only by the Mercy of God, through the Merits of Jesus Christ his Saviour, and in Communion with this Church, of which he said, that he died an unworthy Member. John Barton was found Guilty by the Jury of two different Indictments, one for breaking and stealing out of Gold-Smith’s Shop, two Gold Chains, five Gold Necklaces, seventeen Snuff-Boxes, seventy two TeaSpoons &c. another, for stealing out of a Shop Goods to the Value of 200l. each of these Robberies, Felony. Upon a third Indictment, he was found Guilty by the Jury of Death, for breaking and entering the House of Sarah Higgs , and stealing from thence 100 pair of Stockings, Value 25 l. and other Things, the Goods of Sarah Higgs , on the 30th of June last, in the Night-time. John Barton (as he said) 23 Years of Age, born in London , either wanted Education at School, or did not improve it, so that he could neither Read nor Write. He was a Butcher by Trade, and said, that he had very good Business, by which he might have liv'd and maintain'd his Family very well; but taking himself to idle and thevish Company, he became a noted House-Breaker . He at first denied the Fact For which he died; but when the Dead Warrant came out, he acknowledge the same, that he had led a most dissolute and lewd Life, and that his Sentence was just. He did not seem to have any due Concern upon his Spirit for the miserable Condition he was in, being very ignorant of religious Matters, and unconcern'd about the well being of his Soul, which appear'd in his Carriage at Chappel; where sometimes, once after he knew that the Dead-Warrant was out, he laugh'd, and was thought to be one who provok'd some of the rest to such undecent Carriage. I admonish'd him to be more Serious, and think upon Eternity, since he was in a very short time to appear before God, who would judge him according to his Actions,&c. he said, that he did, according to his little Knowledge, apply himself with the greatest earnestness to the working out of his Salvation with Fear and Trembling, &c. He forgave all Mankind the Injuries they had done him, as he expected Forgiveness from God, &c. He believ'd in Jesus Christ his Saviour; he repented of all his Sins, and died in Communion of the Church of England, of which he own'd himself an unw ember. William Swift was found guilty by the Jury, for assaulting in an open place near the Highway . Mary Cassel , putting her in Fear, and taking from her four Table-Cloths, eight Napkins, two Smocks, a Gown, and other Things, the Goods of William Andly , Jun . 10, and for assaulting John Hickenbotham , in an open place, near the Highway , putting him in Fear, and taking from him two Smocks, two Napkins, and other Things, the Goods of Frances Parrell , Widow . William Swift , born in London , aged 27 Years, of poor and mean Parents, had no Education at School, could not Read or write, was grosly ignorant in religious Matters and wept, and trembled, and appear'd to be in great Consternation and Confusion for fear of Death. He was one who drove a WheelBarrow with Fruit about the Streets . He confess, that he had been a great Sinner in Drinking, Whoring, and Swearing, that he liv'd in a place where great Numbers of Thieves and Whores live and haunt; that he frequently saw ‘em going about, convers'd and bare Company with them, and that sometimes he had been Partaker with them in little Thefts and Robberies, but never was guilty of notorious Crimes. He always deny'd the Robbery for which he dy'd, and told that John Barton his Fellow-Prisoner was one of them who committed that Robbery at Islington , which Bartou own'd, and that he was sorry another should suffer for his Crime. Swift complain'd much upon the Woman who swore fasfely against him. I instructed him in the chief Principles of Christianity, in a most easy and familiar Way, and suitable to his Understanding, which was mighty Weak, &c. I comforted him with the Promises of God in Jesus Christ, and taught him the general design the Sacrament of the Lord's Supper and Baptism, &c. and told him that he must forgive all Men who had injur'd him, &c. This will be willingly did, desininig, that he believ'd to be sav’d thro' the Merits, of Jesus only, that he was sorry for all his Sins, and died in Communion of this Church. Francis Faily at the Place of Execution deliver’d a Paper,importing, that he was of Age 39 Years in June next, born at honel Parents, at Shipstown upon Stow in Wocestershire; that Catherine Berry , alias Willman , alias Gill , alias Bell , alias Dublin Kate sworn two Burglaries against him falsely, which is no novelty to her having sworn seven Mens Lives away before, and transported eight or nine; that she has been burnt in the Hand and transported twice. William Yates , also deliver’d a Paper signifying, that he was 27 Years of Age, of honest Parents, at Southgate in Edmonton Parish , Middlesex ; that he always from his Youth delighted in Deer-Stealing, which he would by no means forbear upon the reiterated Admonishments of his Parents; that when Will Cosens was shot, he had no Weapons or Arms about him, which Humphrey Buckle , Henry Bell , alias Bests , swore falsely against him. This he decld to be the truth, upon the Words of a dying Man. These two Papers were confus’d but they desiring them to be publish’d this is the substance of what they contain’d The Day which they were executed, when I came to Newgate to give ‘em their last Exhortations and Prayers, they would not allow any Person to come near them, having gt in an Iron Crow to the Prison, with which they had forc’d oe stones of a prodigious bigness and had made the Breach tow Foot deep in the Wall, and they built up the Stones at the back of the Door of the Condemn’d. Hold o that no Body could get at them; The Keepers spoke to them th the Door, but they were inflexible, and would by no Entreaties yield. I spoke to them also, representing to them, how that such oolish an impracticable Projects interrupted their Repentance, and special care they should have take in improving their few remaining Moments to the best Advantage, but they seem’d inexorable. I said that I hp’d they had no Quarrel with me? They answer’d no Sir, God bless you, for you have been very careful of us. Baily saild, that they would not surrender, till they either kill’d or were kill. It was at Night before they began this Enterprize, and to conceal the Purpose from the Keepers, while part of them were Working, rest sung Psalms, that the Nosie might not be heard. Sir Jeremiah Morden , Knight , one of the present Sheriffs , of London and Middlesex , came with proper Attendence, and desiring them to open Door, they refus’d it: upon which they were oblig’d to go up to the Room above the Hold, where there is a little place th opens, which is made in case of such Distrubances; this Shutter they open’d but the Prisoners continuing obstinate, they fir’d fifteen Pistols with small Shot among them, not to kill but to wound and disable'em; they retir'd to the remotest part of the Room, where the shot could not reach them, yet Barlon, and Yates the Deer-stealer were slightly wounded in the Arm; at last Sir Jeremiah Merden spoke seriously to em thro’ the little Hole above, desiring to surrender Parton ask’d, who are you? Sir Jeremiah answer’d I am one of the principal Sheriffs: show us your Chain, says Barton; Sir Jeremiah was so good as to show him his Gold Chain thro’ the little Hole; upon which the consuted and aggreed to surrender. After this they remov’d the Stones from the back Door, and the Keepers entering Batron soap’d a steel Tobacco-Box in the Face of one of ‘em, which made a little like the snapping of a Pocket-Pistol, and then he gave him the Box, saying D-me, you was afraid. They desir’d a Minister might be allow’d to pray for their Souls for half an Hour. Which Request was readly granted them. Sir Jermiah sent for me, and condeended so far as to go himself, with the Depy sherff and another Gentleman or two, to the Chappel, where Prayers were rea to them. After this Jones and the rest express’d great desire to receive the sacrement, and hop’d they should not be deprived of that Benefit which was commonly granted to Criminals.I told them, that they had not made due Perepartion, having been bued otherwise; they said it was only out of a desire of self Preservation. and because so little time allowed ‘em to repent I ask’d ‘em if Ed, Burnaworth , alias Frazer , had put them up on such adsp rare Course? they answer’d that they were all equally deirous Liberry, upon which account they desir’d to be excus’d At the Place of Execution. All of them aker’d to their former consissions without the least variation; only Sw fry’d aloud ‘Good People. I die as innocent of the 'Crime for which I Suffer, at the Child that’s unborn; which Barton rm’d with a loud Voice, saying, ‘I am the Man, who in Company with two or three where when be nam’d particularly one Capel, who committed the Robbery for which dies. This is the true Account given by me, James Guthrie , Minister at Newgate . London; Printed by JOHN APPLEBEE , in Black-Fryers .

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OA17410731

THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, and Dying Words, OF THE MALEFACTORS, Who were Executed at TYBURN, On FRIDAY the 31st of July, 1741. BEING THE THIRD EXECUTION in the MAYORALTY OF THE Rt. Hon . DANIEL LAMBERT , Esq ; Number III. LONDON : Printed and Sold by JOHN APPLEBEE , in Bolt-Court , near the Leg-Tavern , Fleet-street . M,DCC,XLI. (Price SIX-PENCE.) THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, &c. AT the King's Commission of Oyer and Terminer, and Goal-Delivery of Newgate, held before the Rt . Honourable DANIEL LAMBERT , Esq ; Lord-Mayor of the City of London ; the Right Hon. Lord Chief Baron PROBYN, the Hon. Mr. Justice FORTESCUE, the Hon. Mr. Baron WRIGHT, the Hon. Sir JOHN STRANGE , Knt . Recorder , and the Worshipful Mr. Serjeant URLIN, Deputy-Recorder of the City of London, and others his Majesty's Justices for the City of London, and Justices of Goal-Delivery, for the City of London and County of Middlesex, at Justice-Hall in the Old-Bailey , on Wednesday, Thursday, Friday, and Saturday, the 1st, 2d, 3d, and 4th of July, and in the Fifteenth Year of his Majesty's Reign. Four Men, viz. Thomas Steers , James Rayner , Richard Eades , and John Scot , were by the Jury found guilty of capital Offences, and received Sentence of Death. Katherine Lineham , who, in January Sessions last, was capitally convicted for a Street-Robbery upon Benjamin Parish , but repriev'd on Account of her Pregnancy, was called down to her former Judgment, and receiv'd Sentence of Death also. While under Sentence, they were all seriously exhorted to prepare for Death, from these Words, Mark the perfect Man, and behold the Upright, for the End of that Man is Peace, Psalm xxxvii. 37. From whence I took Occasion to lay before them, the Difference between a good and a bad Life; the great Joy, and everlasting Reward, that will hereafter be the Portion of all those who live a godly, righteous, sober, and unblameable Life here, that they may, as they certainly will, as is promised by the Mouths of the holy Prophets, receive Eternal Life hereafter, for Blessed is the Man (says the Psalmist) unto whom the Lord imputeth not Iniquity, and in whose Spirit there is no Guile. Whereas, the wicked, abandoned Wretch, can expect nothing but Misery in this Life, as well as in that which is to come. Would Men but consider, that there is, that there must be, a last, a great, a solemn Day of Account, when all Men must appear in their true and genuine Colours, where nothing can hide them; how joyful must it be to them, who have done their Duty, and liv'd righteously, &c. to hear the Sound of Come ye Blessed of my Father, inherit the Kingdom prepared for you, &c. But, alas! how dteadful must it be to those wicked Men, who have disobeyed, the Commands of their Maker, have lived riotously, &c. to hear the tremendous Sound of, Go ye Cursed into Everlasting Fire, &c. Would Men, I say, but consider this wide Difference, surely they should never so much sin against the Lord. While these, and such like Ejaculations were pouring out upon them, I could observe them in general to be very penitent, and even to week. on which I endeavoured to comfort them, by exhorting them to have a lively Hope and Trust in the Goodness and Mercy of Almigh-God, who has said, That when the wicked Man turneth from his Sin, and heartily and sincerely repents thereof, he shall save his Soul alive. And again 'tis said in Scripture, That there is more Joy in Heaven, over one Sinner that repenteth, than over Ninety and Nine just Persons. In the New Testament, our Blessed Saviour invites all that labour and are heavy laden under a deep Sense of their Sins, to come unto him, Come unto me all ye that labour and are heavy laden, and I will give you Rest. Take my Yoke upon you and learn of me, for I am meek and lowly in Heart, and ye shall find Rest unto your Souls, for my Yoke is easy, and my Burden is light, Matt. xi. 28, 29, 30. They were likewise exhorted to consider, that as they had fallen so greatly from their Baptismal Vows and Engagements, from the Grace and Favour of God, so they had the greater Reason to be more penitent, and endeavour to renew themselves again, by making solemn and sincere Vows and Resolutions of persisting in the Service of God, and for the better enabling them in this great Work, to make Preparations for the receiving the Sacrament of our Lord's last Supper, wherein our baptismal Vows and Resolutions are renewed, and we are disposed for the everlasting Fellowship and Communion of God and Christ in Heaven. They were also admonished, how unjust, how dishonourable, and how irreligious it is to rob Mankind of their Right and Property, how directly contrary and destructive it is to all Society in general, turning every Thing into Disorder and Confusion, which makes it absolutely necessary that their should be Laws enacted for Punishment equal to Crimes, and that all who are guilty of Rapine and Plunder should die, for 'tis better that some Individuals perish as Victims to the Law, than that the Community should suffer or perish by them. While under Sentence they regularly and pretty constantly attended Chapel, particularly Thomas Steers , James Rayner , and Richard Eades , except when Steers was sick, and they all seemed attentive. Richard Eades indeed was illiterate and ignorant, but in Consideration of his Misfortunes often wept. John Scot was the greatest Part of the Time sick, so that he could not attend so constant as the rest, when he was visited in his Cell, he declared himself penitent for the Follies of his past mispent Life. Katherine Lineham was likewise a pretty constant Attendant, complied with the Worship, and was desirous of Instructions, tho' of the Romish Communion; she frequently lamented, and wept bitterly. Tuesday the 14th of July, Report was made to their Excellencies the Lords Justices of the Kingdom in Council, of the five Malefactors under Sentence of Death in the Cells of Newgate, when Thomas Steers of St. Martin's in the Fields , for assaulting Arabella Strickland on the King's Highway, putting her in Fear, and taking from her a Cloth Cloak, value 7 s. a Silk Handkerchief, value 1 s. a Linnen Apron, value 2 s. a Linnen Cap, value 18 d. a Straw Hat, value 2 s. and 6 s. and 6 d. in Money, the Goods and Money of Arabella Strickland , March 10, and James Rayner of St. Andrews, Holborn , for stealing two 3 l. 12 s. Pieces, six 36 s. Pieces, and a Tortoiseshell Snuff-Box, value 18 d. the Goods and Money of Richard Westover , in his Dwelling-House, April 12, were reprieved; the other three, viz. Richard Eades , John Scot , and Katherine Lineham were appointed to die. Richard Eades , Elizabeth Eccles , Elizabeth Jones alias Carnaby , and Mary Ecles alias Pugh , of St. George's , Middlesex , were indicted for privately Stealing a Watch, with the outside and inside Cases made of Silver, value 3 l. a pair of Silver Shoe Buckles, value 8 s. a pair of Silver Knee Buckles, value 4 s. a Hat, value 5 s a Peruke, value 36 s. a pair of Spectacles with a shagreen Case, value 2 s. a blue and white spotted Linnen Handkerchief, value 6 d. a Silver Tobacco Stopper, value 3 s. two 36 s. Pieces, one Piece of Foreign Silver Coin, value 4 s. five Guineas and 20 s. in Money, the Goods and Money of J. Rogers from his Person, May 28, Rich. Eades guilty Death, Elizabeth Eccles and Elizabeth Jones guilty Felony. I. Richard Eades 19 Years of Age, was born of mean Parents in the Parish of St. Olave, Southwark ; his Father left him with his Mother when he was but young, and went beyond Sea, where he still continues. His Mother took what Care the could of him, by putting him out to School for some little Time; but he being a very careless negligent Boy, forgetting all his Instructions, and retaining nothing. She went away and left him, and he never heard or knew what became of her since, so that poor Eades being now left to the wide World, or to the Parish, or in short to any Body who would take him, was exposed a Prey to the black Guard Boys and Girls in the Streets, for being of a perverse stubborn Disposition, no Body else would look upon him; among these he lived in all manner of Vices he was capable of committing, till he was taken by a Fisherman , who bound him to himself as an Apprentice, and here Dick began to reform a little, and served his Master honestly for several Years, till he was prest on Board a Man of War, in which Ship and two or three others which he was turned over to, he continued about four Years, tho' as it happened, none of those Ships went while he staid with 'em, farther than the Channel; whenever he could get ashore either by a Furlong for a Time, or by Leave for a few Hours, he was sure to squander away what Money he had in a most extravagant and profligate Way. Eades came Home from Sea about three Quarters of a Year before he was taken up, and falling into Company with the Girls mentioned in the Indictment, and some others, they by Degrees stript him of all his Money, of his silver Buckles and in short, of all that he had, and made him spend every Shilling of his pay; after which, both he and they being reduc'd to extreme Poverty, began to think what they must do to live, and the only Way these abandon'd Black-Guard Wretches could think on, was to pick Packets, to thieve, rob and plunder all Mankind, and take all and every Thing they could lay their Hands upon. On the 28th of May last, as John Rogers was coming from the new Wells in Goodman's Fields , pretty much in Liquor, going to the Black Bull in White-Chappel , he met Elizabeth Eccles , one of the three Girls above-mentioned; she persuaded him to go along with her into a Room, where she told him he might refresh and rest himself, and taking him up into a desolate Apartment in Norman-Court , in Cable Street , (where he found Richard Eades lying on the Floor with Elizabeth Jones , alias Carnaby , and Mary Eccles , alias Pugh , covered over with a Blanket or Rug) she made him set down, and called for a Pot of Beer, which they drank, and then he fell asleep in the Chair, when the Girls robbed him, of his Money, Buckles, &c. and Eades robb'd him of his Watch, which being found upon him, occasioned his being found guilty. Tow Boys who laid conceal'd in the same Room, gave this Evidence against them. Eades would not confess any more Thefts or Robberies, but said that these three young Women had not only brought him into this Scrape, but was likewise the Cause of his coming to this miserable and disgraceful End: He own'd he had been a very wicked Youth, too much addicted to Idleness and loose Women, and had spent his Time and Money in a very foolish Manner; he attributed his Destruction entirely to these wicked Women, for when once he came into their Company, they would not let him go, and he not having Power enough to resist 'em, they led him into whatever Mischief they pleased; he commonly resided about Rag-Fair , and kept Company with a Parcel of the most abandon'd Wretches, too many of whom are in that Neighbourhood, whole Gangs of Thieves and Whores, who instructed him in every kind of Vice, to which he was of himself (without these hellish Counsellors) but too much addicted. While under Sentence, he always attended Chappel, behaved well, wept often, and gave diligent heed to Prayers and Instructions. He was miserably poor and naked, believ'd in Christ, repented of his Sins, and died in Peace with all Men. Catherine Lineham , (with George Stacey , and Matthias Dennison , who were indicted and found Guilty before) of St. Martin's in the Fields , was indicted with Arthur Ohara , Thomas Cullin , William Shields , James Gough , Redman Keogh , Catherine Butler , and Margarett Massey , not taken) for assaulting Benjamin Parish , in the House of Redman Keogh , putting him in Fear, &c. and taking from him three Portugal Pieces, Value seven Pounds, four Shillings, one Moidore, and 14 Guineas, the Money of the said Parish, October the 8th; upon this Indictment, Dennifin was acquitted, but for the other was cast, tho' repreived for Transportation for 14 Years, George Stacey was convicted for another Robbery on the same Person (as well as for this) and accordingly executed. Katherine Lineham guilty Death. Katherine Lineham , about 20 Years of Age, was born of mean Parents in Dublin , who gave her but a very indifferent Education, they taught her indeed to read a little, but neglecting it, she soon forgot all; she profest the Romish Way , having been bred up in it, but was grosly ignorant of any Religion at all; when Young, she liv'd with her Parents, but was scarce arriv'd to any Age capable to distinguish any Thing at all, before she kept Company with the most reprobate Boys and Girls in the Neighbourhood, who train'd her up to all Manner of Vice, and brought her into such vile Habits, as she could never get rid of, delighting in nothing but the vilest Company, and most abominable Practices. She contracted a particular Familiarity with a Neighbour's Child, one John Lineham , a Butcher-boy , and about the Age of 12 or 13; she mar ried him privately, and the young married Couple kept a Stall in Dublin Market ; in this Manner they liv'd for some time, and maintain'd themselves in a pretty good Way. But their Inclinations being too much corrupted, they soon left off Trade, keeping Company with Thieves, Robbers, and Cut-throats, so that they lost all Credit, and about two Years ago came over to London , and associated themselves with the Refuse of their own Nation, about Rag-Fair and the Hundreds of Drury , where they soon became noted for their vile and vicious Practices, which in the End, brought them both to their deserved Fate, for the Husband John Lineham , not two Years ago, was tried, convicted and executed for a Street-robbery; while he was under Sentence, Catherine was always at the Press yard Door, peeping thro' the Grates to see her Husband as he went to and from Chappel. Coming to understand who she was, and seeing her so young, I spoke to her, and advised her to take Example from that unfortunate young Man, her Husband, and to forsake those pernicious Courses which subjected him to the lash of the Law, and would have the same Effect upon her, if she did not reform her Life, by the neglecting of which Council, she underwent the same Punishment. Catherine Lineham was tried and convicted in January Sessions last, but pleading her Belly, and a Jury of Matrons being impanelled, she was found quick with Child, tho' none of the Persons who belong'd to the Goal, ever saw that she had a Child, and nothing appearing, she was called down to her former Judgment. After her Husband was executed, she kept on in her old Way with those vile Gangs of Thieves and Whores her Companions, with one of whom she immediately associated herself, and passed for his Wife. One of the chief Houses she was intimate in and daily frequented, was one Redman Keogh 's, a Countryman of her own, where a great number of the most infamous Creatures about the Town both Men and Women haunted. On the 8th of October last, one Benjamin Parish from Oxfordshire , going by Keogh's House in Drury-Lane , pretty late at Night; to his Lodging in St. Giles's, two Men and two Women laid violent Hands on him, and pulled him into the House; where were Margaret Stanton , whom they called Ruggaty Madge, Katherine Lineham , George Stacey , and Mathias Dennison , (two of whom Ruggaty Madge and Stacey were since executed) with the rest in Company, pulled Benjamin Parish upon his Back, held him down by Violence, and Rugatty Madge with the Assistance of Stacey, tore open his Breeches Pocket, and robb'd him to the Value of 23 Guineas in Gold; while this was doing, Katherine Lineham assisted in holding Parish down, who cryed out, Murder! Robbery! Then they brought Cherry Brandy in Pint Mugs, and forc'd him to drink till he was very much fuddied; then Stacey and some others took him out, upon Pretence of leading him to his Inn, and robb'd him of Money, and a great many other Things in the Street in Long-Acre ; for this second Robbery he did not blame Katherine Lineham, tho' to the first he swore positively against her. She confessed her frequenting Keogh's House, and being acquainted with all them who were indicted or suffered for these Robberies, as well as with many other infamous People, who commonly resorted to that vile House, the Master and Mistress of which are fled beyond Seas, with some others not yet taken, for that notorious Robbery. Katherine reflected on the Evidence Macdonnel, and the Prosecutor Parish, and would not own the Fact as they swore against her. I urg'd to her, how heinous! how great a Crime it was to launch into Eternity with a Lye in her Mouth, that 'twas an Aggravation of her Guilt; she still endeavour'd to excuse herself by laying the Blame on Keogh's Wife, and to make he Innocence appear, said, she was under so little Concern or Fear, that she was in the Sessions-House Yard at the Time Ruggaty Madge was tried; she was such an Infamous Creature, and so accustomed to do Evil, that she hardly ever did well; she and her Husband no sooner came over from Ireland, than they begun to practice Street Robberies, 'till he was taken up and executed, which was no Manner of Warning to her, for 'twas but very few Days after his Dying, that she was sent to Bridewell , for Theft, and in short, frequently committed Robberies 'till she was brought to Justice. She came to Chappel almost all the whole Time, complied with the Worship, sung Psalms, wept often, and seemed to be much affected, tho' she died in the Romish Communion . I thought it would not be amiss to give the Reader a short Account of John Scott , condemn'd with the above Malefactors, tho' since repriev'd for Transportation. John Scot of St. Mary Bow , was indicted for stealing a black Mare, value 8 l. the Property of Thomas Wash , May 31 . 3. John Scot 27 Years of Age, was born in Essex , of honest Parents, who gave him good Education at School to Read, Write, cast Accompts, and fit him for Business, and had him instructed in Christian Principles When of Age he was not put to a Trade, but his Father a Farmer, bred him to Country Work , with whom for the most part he lived, and was employed in Farming Business, and at other Times he served Country Farmers, and was always honest, never guilty of Thefts or Robberies, and was in good Reputation in the Country, not addicted to the Vices those unfortunate People are commonly inclin'd to, but regularly went to Church, was of a sober Life and Conversation. About a Year ago he married a Widow Woman in his own Country; who was present at the Trial, being called by him as an Evidence in his Favour, but could not be admitted. John being at his Father's May 31, at Colengale in Essex , went to the Stable, took a Bridle and Saddle, and put it on the Back of a black Mare belonging to Thomas Wash , a Neighbour of his Father's, and came straight to London , and putting the Mare up at Mr. Edward's the Bell at Bow, went himself to lodge at another House; coming next Morning for the Mare, Mr. Edwards observed she was very badly shooed, and suspecting her to be stolen, taxed Scot with it, who making a trifling Excuse, he secured and carried him before a Magistrate, who committed him to New-Prison , and had the Mare cry'd at Rumford and Epping. Mr. Wash coming to London to enquire after her, heard she was at Bow , went thither, swore to her, and upon his Evidence Scot was capitally convicted according to Law. He was a poor timorous young Man, was sick most part of the Time, and could not attend Chapel, when I visited him in his Cell, he was very desirous of Prayers and Exhortations, and seem'd attentive and serious. He did not deny but that the Mare was Thomas Wash 's, but alledged in his Excuse, that he had Leave from his Father to take any of his Horses, and it being dark Night, he might easily make the Mistake, tho' this might be possible, yet the denying his Name as he did when he came before the Justice, and making Excuses, made it seem a little improbable, however the Prosecutor himself gave him a very good Character, as did several Neighbours from the same Country, but the Fact being plainly proved, that could not save him. Thursday in the Afternoon, the Day before the other Prisoners suffer'd, a Reprieve came to Newgate for John Scot for Transportation. At the Place of EXECUTION. ON Friday Morning between Six and Seven, Catherine Lineham and Richard Eades went to Chapel, after hearing of Prayers and singing of Psalms, (where Eades show'd abundance of Devotion) they were put into one Cart (about Eight or Nine o'Clock, in order to go to the Place of Execution) and appeared very serious and attentive, particularly Catharine Lineham , tho' of a different Profession. Eades own'd the Justice of his Sentence, and had nothing to add to his former Confessions. Catherine Lineham own'd herself a very great Sinner, but made some Reflections to the Multitude. She made some short Prayers to God and Christ, and sometimes to the Blessed Virgin Mary. They went off the Stage crying out to God to have Mercy on them, and to the Lord Jesus to receive their Spirit. This is all the Account given by me, JAMES GUTHRIE , Ordinary of Newgate . APPENDIX: An Account of the Robberies committed by Catherine Lineham , as related by her while under Sentence of Death. CATHERINE Lineham , was the Wife of one John Lineham , who was try'd at the Old-Bailey in Jan. 1740, for assaulting David Patten , Esq ; (then High-Bailiff of Westminster ) on the King's Highway, putting him in Fear, &c. and taking from him a Cane with a Gold Head, value 5 l. 5 s. on which Indictment he was capitally convicted, and Executed at Tyburn, on Wednesday, the 13th of February, 1740. I formerly agreed with † Ruggety Madge, to go upon * biting the Culls of their Scouts when they were bung; in order that we might successfully manage our intended Enterprizes, we took an old uninhabited House, which nobody car'd to live in, near Plumbtree-street , St. Giles's ; one of the Rooms we furnish'd with an old Bedstead and a Blanket, with the Addition of two or three old rickety Chairs: These we thought, if we made any Thing considerable, would not be of much Value to loose; for after we had brought any Man fuddled to this Place, as we did several, and got any Thing from them, we quitted our Habitation several Days together, till the Hurry of the Enquiry was over, and then came back, which was always in the Evening after dark, for fear any body should smoak us; for we lodged a great Way distant from this House of Rapine, as I may call it. Our first Adventure was upon a Quaker, who came out of Yorkshire; him we met in Fleet-street . I went up to him first, and gave him a Chuck under the Chin, and at the same Time asked him to treat me with a Glass of Wine. He, Gudgeonlike, greedily swallowed the Bait, and asked me, if I knew ever a Place thereabouts, where we might be accommodated. I quickly conducted him to an House in that Neighbourhood, we drank two or three Pints of Wine by ourselves, and then Madge, who knew her Cue, enquired after me, and was immediately conducted to us in the same Room, by the Drawer. When she came in, my Chap was very merry, and likewise very amorous, and I finding I could persuade him † Ruggety Madge, otherwise Margery Stanton , executed for the same Fact. * Robbing Persons whom they pick up of their Watches. to almost any thing, I asked him to go home along with me to my Lodgings, which he readily consented to. So paying our Reckoning, we all three went away. I not thinking him safe till I had made him quire drunk, conveyed him in our Way to a small § Boozing and Fence Ken, where we drank several Drams, till my Chap began to be quite mellow, and it began to grow pretty late; from thence I proposed to go Home to our ‖ Mill Ken. Now Madge was gone before to prepare for our Reception: We walked through several Alleys and Turnings before we arrived at our intended Port, which made honest Yorkshire say, Zaunds! Ise think we shall nere get to this Hause of yours. Yes, my Dear, we shall presently; and so we did too soon for him poor Man. When we came to the Door, we was let in by my Sister in Iniquity, Madge, who, as soon as we had got upon the Stair-case, let the Candle fall on Purpose, that we might be in the Dark. Hey-dey! says Madge, what shall we do now? the Candles out, and I can't find the Tinder-box. Oh! says I, my Dear and I can find our Way, and do you grope about, and see if you can find the Dram Bottle. So conducting my Spark up Stairs, I plac'd him upon the Chair near the Bedside, and sat myself down by him. We had not sat long before he fell fast asleep in the Chair, having, as I observed before, drank pretty hard, and being very much tir'd. As soon as we found him in this Condition, we began to examine the Contents of his Pockets, and found upwards of 15 * Ridges, besides a † Rum Fem upon his Finger. We not being content with this, took his § Wedges out of his ‖ Stomps, and observing before, he had a pretty rum outside and inside †† Togee, we pull'd them off, and made free with them likewise. When we had so done, we roll'd him up in a Blanket, and laid him upon the Bedstead, and went away and left him in that Condition to our ** Bidings, and snack'd the Cole: The Togees and Wedges was divided between our particular Spouses, one of them we sent early the next Morning, to see the Issue of this Adventure. When he came there, he found the poor Countryman in the House, with a great Mob of People round him, wrapp'd up in the Blanket, like an AEgyptian Mummy, almost mad; some commiserating his Condition, others blaming his Folly. The poor Fellow § A publick House. ‖ Lodging. * Guineas. † Diamond Ring. § Buckles. ‖ Shoes. ††A good Coat and Waistcoat. ** Lodgings. storm'd like one out of his Senses. Zaunds! if these be your London Whores, Ise gang to York, and neer set Foot in this deamn'd Pleaice agaune. When our Friend came back, and told us how Affairs went, we judg'd it most proper not to go back again for some Time. Some few more Tricks of this Nature oblig'd us to quit our House for good and all. Some small Time after these Adventures, as I was stroling down Chancery-lane, I met with one Sarah Priestly ; she asked me to go along with her upon the * Slang-Madge, which I readily agreed to; and that we might the more successfully carry on our intended Scheme, we got a couple of Suits of Men's Apparel, and dressing ourselves, we bent our Course towards St. James's-Park ; now Sally had a Spouse, a Soldier, who usually made Interest to stand Centinel in that Place.) When we came there, we fixed ourselves at some Distance (but within Ear-shot) upon a Bench near where he stood. We had not been long there, before a Couple of well-dress'd elderly Men, came and sat down by us. We judged by their Actions, that they were Women Haters, and sooner chose to have to do with one of their own Sex, than with ours. After they had sat by us sometime, without speaking, one of them gave me a gentle pull by the Coat, which Motion I could not understand; at last one of them broke Silence, and thus accosted us. I think, Gentlemen, it is a mighty fine Evening: Yes, Sir, reply'd I, 'tis a charming Night. Laird! my dear Soul, says the other to Sally, you and I have been together some where before, and at the same Time gave her a Squeeze by the Hand. Some few more Expressions, too obscene and shocking to mention, passed between us, and they thinking us Men, and fit for their Purpose, began (it being dark) to use closer Familiarity. Sally who knew her Cue, gave a loud Hem! and immediately up comes her Friend, who found us with our Breeches about our Heels. Hey-day! what's going forward here, a Parcel of B – gg - rs, I'll secure you all, and have you hang'd; and at the same Time pretended as if he would alarm the other Centinel. We begged for Heaven's Sake, not to expose us, and we would make him a Present of a considerable Value; which Motion was seconded by our two old Sparks, who was terrified * Biting the Mollies. out of their Senses, and pull'd out all the † Cole they had in their Cly, which amounted to sixteen § Ridges; but he not being content with this, asked them if they had nothing else. Then they pulled out their ‖ Tatlers, and tipp'd him them likewise: As soon as they had so done, he asked us what we had to give him, but before we could give him an Answer, the Sharks begged to be dismist; which Proposal was readily agreed to, so they took their Leaves without much Ceremony, and marched off with great Precipitation, scarce bidding us good Night. When they were gone, we went and divided the Spoil; and as soon as our Spark was dismist from his Post, he met us, and we went and feasted with these execrable Wretches Money, who, if I had my Will, should be burnt alive. We got several Booties by these Means, and lived well upon our Business; but Sally's Spouse dying, reduced us to think of something else for Support, we fearing to turn out by our selves, least we should be brought into any Scrape, and having no Man to stand by us. Some Days after our Friend's Death, Sally and I coming by St. Paul's Church-Yard one Evening pretty late, we espied a § Boozey-Cock very bung, making Water against a Post; him I went up to, and accosted with the usual Question, How do you do, my Dear? and finding him going to be loving: Hold, my Love, says I, let's go some where and drink first; which he agreeing to, we went to a little Max-Ken, near Fleet-Lane , where we drank so long we could scarce see one another. After we had so done, I handed him up an Alley near the aforesaid Place, and took my Opportunity to pick his Pocket of 2 Guineas and some Silver. After I had so done, I got at a little Distance from him, it being very dark he could not see me; but cry'd out, Ho! where are you? I made no Answer, so supposed that he put his Hand into his Pocket to feel for his Money, for he presently after cry'd out, Ruin'd and Undone! Robb'd! here Watch! Watch! I hearing this, thought it was no Time for me to stay any longer there, so contriv'd to slip by him unperceiv'd. Some small Time after the Watch came up with a Light, and going into the Alley, I stood on the other Side of the Way, talking to Sally very gravely, who had follow'd us, and watched all my † Money in their Pockets. § Guineas. ‖ Watches. § Drunken Man. Motions; as soon as he came into the Alley with a Light, a poor Woman came down upon some Occasion or other. As soon as the Spark espied her, Oh! says he, this is the B - h that has robbed me of all my Money, and immediately charged the Watchman with her; and notwithstanding all the poor Woman could say in her Defence, hurried her away to the Watchhouse; we follow'd her at some Distance, being anxious for her, knowing we deserved her Misfortune. When the Woman came to the Watch-house, she was searched, as we could hear by the Bustle made within the Watch-house, and nothing found in her Pocket, except about Eight Penn'orth of Half-pence; but the Man persisting in what he said, they was both sent to the Compter, where they remain'd till the next Day; when Sally and I, being very uneasy, we agreed she should dress herself pretty smart, and go to the Compter to enquire into the Affair, and if Occasion requir'd, she was to declare before the Justice, that as she was coming by accidentally about the Time the Affair happened, she heard a Noise, and presently saw a Woman run by her in a hurry, who almost knock'd her down and run away, and after the Watch came, she heard the Man accuse that Woman in Custody, whom she believ'd to be entirely innocent. This Story we thought would do, especially as being Strangers to the Woman, could have no Interest in saying so: And if that did not do, I was afterwards to come in myself, and second her Story. This Stratagem had the desir'd Effect, for the Woman having a good Character, and the Man being drunk at the same Time, the Justice discharged her upon that, and what we said. I chuse not to tire the Readers Patience with any more of these Scenes, being most of them done in the same Manner. Some few Weeks after this, I happen'd to have some Words with Sally, and we seperated, happy was it for her! for not long after I was taken up for this unhappy Affair, for which I must suffer a shameful, ignominious Death. Tho' I die innocent thereof, (if the Reader may believe her) I have deserved Death several Times for my illegal Practices. I hope this will be a Warning to her, and may my dismal Downfal be a Means of her Repentance; for with Shame and Confusion of Face I speak it, I never thought myself more happy, than when I was do ing some illegal Action. Oh! may all unhappy, unthinking young Women, shun the deceitful Snares of Vice, and learn from me, that a Life spent in Innocence and Virtue, with the meanest Poverty, is preferable to gaining the Indies, by Injustice, Rapine, Fraud, and Violence. The following Letter was sent some few Days before she Died, which is as follows, viz. Mrs. Lineham. I Have been several Times to see if I could get Admittance to see you before you depart this wicked World; but I cannot prevail with the Person who opens the Door of the Press-Yard; indeed I cannot take it amiss of him, he being oblig'd to obey his Orders. I therefore take this Opportunity to admonish you by Letter, as far as my poor Capacity. I beg and desire of you to seek your Comfort from Almighty God, for 'tis he alone can Right you; bare up under your Load of Misfortunes, for we have a merciful God, if we return with sincere Repentance, he will forgive our former Sins. Therefore the few precious Moments you have, I beg of you for Christ Jesus Sake loose not a Moment of those few Hours which you have to live, but be continually on your Knees in your dismal and dark Cell, where you now lie confin'd 'till the fatal Day of your Exit calls you off it, to go to the Place of Execution, calling to God to have Mercy on your poor Soul; which Pray God send he may. Lord have Mercy on you, Christ have Mercy on you; which is the sincere and hearty Prayers of, Your dear Friend, Thomas Wilks . Westminster . July 27, 1741. Another LETTER, which was sent to CATHERINE LINEHAM , a few Days before she Suffer'd. To CATHERINE LINEHAM , Under Sentence of Death in the Cells of Newgate . " I Take this Opportunity, though almost a Stranger, to remind you of " your unhappy Condition, and to beg " your serious Attentions to the following Lines. " You have been a long Time under " Sentence, therefore have had Time " to reflect on your former Follies and " Misdeeds; and I sincerely wish, that " this Affliction has made you think " with the Wise Man, that all past " Transactions, are Vanity and Vexation " of Spirit. " But to come closer to the Matter: " Have you hd a strong Conviction of " your former Sins and Transgressions; " that is, have you been broken hearted? for those our Lord will heal, nay " has promised it upon Oath, As I live, " saith the Lord, I take no Pleasure in " in the Death of him that dieth; " meaning, them that truly repent of " their Sins shall be saved, and those " who do not, he is grieved at. " Oh! beg earnestly of him, and " he will direct you in this important " Matter. Cry to him, and he will " have Mercy on you. Consider, you " are in a few Days launching into a " long Eternity. Now! now! you have " Time, oh! improve it to your spiritual Advantage, and may the God " of all Power, so influence and guide " you, that you may receive that Peace, " even here, which passeth all Understanding; then! then! you will go " hence, from mortal Misery, to immortal Happiness." So prayeth, Your sincere Friend, And humble Servant. J. B. The following ACCOUNT of RICHARD EADES was taken from his own Mouth, Two Days before his Execution. RIchard Eades , who was convicted of stealing a Silver Watch from the Person of John Rogers , at a House near Rag-Fair , was at the Time of his Execution about 20 Years of Age. He was born in St. Mary Overy's Parish, of Parents who never took the least Care of his Education, so that at the Time of his Execution he could neither Write or Read. His Father followed the Employment of a Needle maker, and he using his Wife, the Mother of this unhappy Person, not so well as he should have done, she deserted him, the Consequence of which was, his Father's going over to Gibraltar some Time afterwards in the Capacity of a Soldier. When he arrived to the 11th Year of his Age, not thinking it proper to follow his Father's Business, he put himself Apprentice to one John Pocock , a Fisherman of Rotherhith , with whom he lived about six Years, during which Time his indolent Disposition and the Correction his Master consequently gave him on that Account, caused him to make several Elopements. The greatest Part of the Time he was absent from his Master's Service, he went to Sea, and was employ'd by the Captains of several Men of War as their Servant The first Person who entertained him as a Servant was Capt. Townshend of the Plymouth Man of War , with whom he staid a short Time and then left him. After this he serv'd Capt. Rook of the Sunderland , with whom he went to impress Men in the Channel for his Majesty's Service for about six Months, and the Ship being then paid off he was discharged. After this he lurk'd about Portsmouth till his Money was spent, and Distress and Poverty began to present themselves to his View, and then he thought it Time to look out for another Place, and accordingly he got one, in which he staid a very short Time, and then left it. Sometime after this he thought it convenient to come to London , where he had not resided a great while before he was impressed five Times, as a proper Person to serve his Country, but unhappily for himself he as often got off; once in particular he was taken hold of by a Press Gang, who carried him to a publick House, next Door to the Black Boy and Trumpet in St. Katherine's , and while the Sailors turn'd their Back, he took an Opportunity and got away. From this Time he lived continually upon the Spoil, committing several little Thefts till the 5th of Nov. last, when he and another Man of the same Disposition as himself, accidentally met with Elizabeth Eccles , Mary Eccles , and Elizabeth Jones , who were seeking their Prey in Crooked-Lane . They desired him to go with them to see the Bonfires in the City, to which he readily comply'd, and after they had sufficiently satisfied their Curiosity in this Manner, the Girls took him and his Companion to their Lodging in Kent-street , and from this Time they contracted so great an Intimacy with each other, that they agreed to go out upon the Plunder together, and in pursuance to this Agreement, they let no Opportunity slip, but made use of all the Advantages that offer'd themselves to get their Living this Way. This Course they continued to pursue till they were detected for the Robbery committed on Mr. Rogers, for which the three Women received Sentence of Transportation, and he capitally convicted and brought to suffer the Punishment he deserved. The following LETTER was sent to Richard Eades , while he lay under Condemnation, My dear Friend and Schoolfellow. I Am sorry to take Pen in Hand to write to you in such great Calamities, my Heart is overwhelmed with Grief, even to think of your unfathom'd Troubles. But my Dear Friend, the chief Design of my Writing is, to beg of you that you would make your Peace with that God whom you have so often offended. For if he should be Extreme, to mark what is done amiss who may abide it. But there is Mercy with thee good Lord, that thou may'st be fear'd, God has promised Forgiveness upon a true and unfeign'd Repentance to the worst of Sinners. Jesus Christ died for Sinners, he did not die for them that think that they had Righteousness enough of their own. I hope my dear Friend, you are convinced you are not able to stand in the Final Day of Retri tribution, without the Righteousness of Jesus Christ is imputed to your Soul. I Pray God that you may see yourself to be Poor and Miserable, and Blind and Naked; that you may be convinced of the Necessity of a dying Saviour, who suffer'd that most ignominious, that shameful, that painful Death of the Cross for us poor miserable Sinners. My dear Friend, consider how short your Time is, you to all Appearance at Present, have but a few Moments before you will be divested of this Earthly Tabernacle. God grant you may be fitted and prepared to entertain the Summons of Death with Joy and Felicity, and be made to triumph in a glorious Immortality. May the Lord grant that before you leave this World, you may be enabled to cry out, the Lord Jesus is made unto me Wisdom and Righteousness, and Sanctification and Redemption; may God of his infinite Mercy grant you may cry out by Faith, as did the Penitent Thief, upon the Cross. Lord have Mercy on me, when thou comest into thy Kingdom. The Lord grant that this comfortable Answer may be made to speak Peace to thy Soul, as it was to the Penitent, this Day shalt thou be with me in Paradice. May the Lord grant that you may be qualified to praise him to all Eternity, crying, Holy! Holy! Holy! Lord God Almighty, which was and is to come. Which is the hearty Prayer of Your Sincere Friend Joseph Bishop . ADVERTISEMENTS. The Three following BOOKS are Sold by JOHN APPLEBEE , Printer , in Bolt-Court , Fleet-street . THE Life and Adventures of GILBERT LANGLEY , formerly of Searle street near Lincoln's Inn-Fields . Containing particularly, His Family, Education, and Accidents in his tender Years. His being sent into Flanders , to the Convent of English Benedictines at Doway , with a curious Detail of their Method in bringing up Youth. His Return to England , and his first Slips in Point of Honesty and Virtue. His Amours with all Sorts of loose Women, and great Variety of Accidents which happened in Consequence of them. His meeting with a Cheat, who had Address enough to bite him twice. His Marriage, and fraudulent Arts to support a broken Fortune. His Contrivance to amass a vast Quantity of Jewels, Watches, rich Toys, &c. to the Amount of 20,000 l. His Flight to Holland , and strange Adventures there, till detected by his Creditors, and best Part of his Effects taken from him. His Return to England ; Voyage to the West Indies , Rogueries there, and miserable Condition when he came back. Imprisoned in the Compter; reduc'd to Want; hangs himself at a Bailiff's House: escapes from thence, and a new Trip to Sea. His Travels through Spain ; Adventures in the Canaries ; Arrival in Italy , and Return to London . His last Exploit, which brought him within Sight of a Halter. Written by Himself, in Maidstone Goal , when under Condemnation for a Robbery committed on the Highway. [Price One Shilling.] BOOKS, &c. SELECT TRIALS at the Sessions-House in the Old-Baily, for Murders, Robberies, Rapes, Sodo Coining, Frauds, and other Offences, from the Year 1720, e present Time; chiefly transcrib'd from Notes taken in r, with genuine Accounts of the Lives, Behaviour, Conns and Dying Speeches of the most eminent Convicts. e Trials, &c. are not to be met with in any other Collection. Two Volumes, Price 14 s. These Two Volumes contains the TRIALS of ings and Sympson, for robbing the Bristol Mail, with Account of all their Robberies. , the famous Highwayman, that bore 350 Pound weight on his Breast. , Barton, Fox, Hawes, Wright, ouse, Drury, Warwick, Yates, strong, Beck, Edwards, and any others, all famous Highwaymen and Street-Robberies. Grey, the famous Footman, Burglary with an Intent ravish Mrs. Murray. Kraaese, Pritchard Simmonds , , Ellis, and many others Rapes, all very entertaining. Stanley, for the Murder his Whore. en, Crony, Nichols, Mac Gennis, terell, the famous Nanny ler, Vaughan, and Cholmly wo Constables) Foster Snow , many others for Murder. Ony, for the Murder of Gower, with his Life. and Hallam, for the Murder of their Wives. rd Savage, Esq; for Murder, with his Life. in Jane, for Murder. rd Stafford, Esq; and many ers. Salisbury, for an Attempt to the Hon J – F -, Esq; arles Burton, Bart, for Fe Gabriel Laurence , and a many others, for Sodomy, shewing all the Tricks and Methods used by the Mollies. Squire Day, alias Davenport, for a Cheat; and several others for bilking their Lodgings. Two German Counts, for forging a Bank Note. Jonathan Wild , for several Felonies, with several Particulars of his Life, never before published. Mrs. Gregory, for marrying Squire Cockeril, under Pretence of being a great Fortune. The infamous Catherine Hays , who murdered her Husband, and lay with another Man the very same Night. Mrs. Sherman, for giving Poison to Mr. Chovet. Vevers, the Bricklayer, on all his Indictments. Mary Hendron for marrying Miss Morris to an Irishman, against her Consent. Blind Cowper and Harpham, and others, for Coining Russel, for a Misdemeanour, in endeavouring to carry away Mrs. Benson. William Hales , Esq ; and Parson Kinnersley, for Forgery. Ackinson for the Murder of his Mother, at Charing Cross. Mother, at Charing Cross. With a great Number of diverting TRIALS of Whores, for robbing of those that pick'd them up; and several other remarkable ones for the Highway, Rapes, Murders, Burglaries, &c. Both Volumes containing upwards of Five hundred Trial among which are upwards of seventy Trials for Murder, Sixty of Whores for privately stealing, upwards of one Hundred for the Highway, about Thirty for Rapes; the rest being Frauds, Forgery, Burglary, Sodomy Bigamy, Shop-lifting, R Misdemeanors, Receiving Stollen Goods, Single Felonies, N. B. These Trials are not only very necessary for all Lers, Justices of the Peace, Clerks of the Indictments, other Persons concern'd in Prosecutions, &c. but are very ful and entertaining to the Generality of Readers. Neatly printed in Two Pocket Volumes, adorn'd with Frontispieces. A Select and impartial Account of the Li Behaviour, and Dying Words, of the most remble Convicts, from the Year 1700, down to the sent time; containing amongst many others the following counts. viz. Richard Turpin , for several Robberies; He Strodman, for the barbarous Murder of Peter Wolter , Fellow Apprentice ; Thomas Cook , the Gloucester Butcher , the Murder of Mr. John Cooper , a Constable in May John Morgridge , for the Murder of Lieutenant Cope in Tower ; Mr. Gregg, Clerk to the late Secretary Harley, of Oxford, for holding Correspondence with her Majesty's mies; Richard Town , Tallow Chandler , the only Person was executed on the Bankrupt Act; Col. Oxburgh, Rich Gascoigne , Esq , Justice Hall, and Parson Paul, for Hi Treason; the Marquis de Paleot, for stabbing his Servant; L Bird, for the Murder of Samuel Loxton , at a Bagnio; thias Brinsden, for the Murder of his Wife; Capt. John Ma for Piracy; Capt. John Stanley , for the Murder of Mrs. cock; Jonathan Wild , the Thief-taker, for several Felon Katharine Hayes ; for the barbarous Murder of her Husband Edward Burnworth , William Blewit , and five more, for the Murder of Mr. Ball, in St. George's Fields ; James Cluff , for Murder of his Fellow Servant Mary Green ; John Gow , Smith, Captain of the Pirates, for Piracy and Murder; Maynee, one of the Clerks of the Bank of England, for ching the Bank of 4420 l. Mr. Woodmarsh, for the Murder of Robert Ormes ; John Sheppard , who made his Escape out the Condemn'd Hole, and likewise out of the Stone Room Newgate ; Robert Hallam , for the barbarous Murder of Wife, by throwing her out of Window; Mr. Shelton, Apothecary, an Highwayman; Sarah Malcolmb , for the barbarous Murder of Anne Price . Eliz Harrison , and Lydia Dunco in the Temple ; John Field , Joseph Rose . William Bush , Humphry Walker , for entering the Houses of Mr. Lawre and Mr. Francis, &c. with above a hundred more. Faelix quem faciunt altena Pericula catum. Errata. Page 4. Line 12. Column 2. Instead of Week, read Weep. FINIS.

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The ORDINARY of NEWGATE his Account of the Behaviour, Confession, and Last Speech of the Malefactor that was Executed at TYBURN, on WEDNESDAY the 26th of JULY, 1710. AT the Sessions held at Justice-Hall in the Old-Baily, on Wednesday the 5th, Thursday the 6th, and Friday the 7th; and thence adjourn'd to Friday the 14th Instant; Five Persons receiv'd Sentence of Death: Four of them have obtain'd a Gracious Reprieve, which I hope they will take care to improve as they ought to do; and the other is now order'd for Execution. On the Lord's Day the 9th Instant, I preach'd to them, both in the Morning and Afternoon, from these Words, 1 Pet. 3. 11. (being part of the Epistle for the Day) Let him eschew Evil, and do Good. Which Words having explain'd in general, and illustrated and enforc'd by several Proofs from Scripture; I then proceeded in particular to shew, I. That we ought to eschew Evil in Thoughts, Words, and Deeds. II. That we lie under an indispensable Obligation to do Good, (i. e. to obey GOD's Commands) and hereto apply our selves, and all the Faculties of our Souls, through the whole Course of our Lives. III. and Lastly, That our faithful Discharge of this Negative and Positive Duty injoyn'd in the Text, viz. the abstaining from Evil, and doing Good, will conduce to our present and future Happiness; which by our Sins we do forfeit; but may, by a True and Sincere Repentance, regain. On the Lord's Day, the 16th Instant, I preach'd again to them, both in the Morning and Afternoon, upon Mat. 5. 20. part of the Gospel for the Day; the Words being these: For I say unto you, That except your Righteousness shall exceed the Righteousness of the Scribes and Pharisees, ye shall in no wise enter into the Kingdom of Heaven. From which Words, spoken by our Blessed Saviour to his Disciples, I shew'd, I. The great and noble Design of the Christian Religion. II. The Difference between it and the Pharisaical. III. The Necessity of, and Benefit accruing from, the Sincere Practise of true Religion and Virtue. IV. and Lastly, The Inferences naturally arising from the Doctrin in the Text. On the last Lords' Day I did again preach to them, and my Sermons, both in the Morning and Afternoon, were upon the Subject of Thanksgiving and Praise to GOD, which we ought to pay Him for all his Dispensations (whether gentle or severe) to us in this World, because his gracious Intent therein, is to make us wiser and better, and prepare us for an endless Happiness in the World to come. And I took for my Text these Words of holy David, Psal. 118. 18 & 19. The Lord hath chasten'd me sore; but he hath not given me over unto Death. Open to me the gates of Righteousness: I will go into them, and I will praise the Lord. In Explanation of which Words, I spoke to these Particulars, viz. I. That GOD, who (as David here delares) had severely corrected him, had thus dealt with him (no doubt) for these two good Ends; 1st, For the Punishment of his past Sins: And, 2dly, For the Bettering and Amendment of his future Life. The Lord, saith he in the first Clause of my Text, hath chasten'd me sore. II. That while GOD was thus exerting his Justice upon him, He was pleas'd at the same time to remember Mercy: Which is the meaning of this second Clause. But He hath not given me over unto Death. III. and Lastly, That therefore he was resolv'd to praise God, as in Private, so chiefly in Publick, upon these two Accounts; 1st, Because GOD had visited him with the Rod of his Correction, to awaken him to his Duty to Him, and the Consideration of his own true Interest. And, 2dly, Because He had remov'd his Strokes from him, and dealt with him as a gentle and gracious Father, who design'd, not his Destruction, but his Salvation and Reformation. All which (as being the Consequence of what is express'd immediately before) may be imply'd from this latter part of the Text. Open to me the Gates of Righteousness: I will go in to them; and I will Praise the LORD. Upon these I enlarg'd, and concluded all my Discourses with proper Exhortations both to the Condemn'd and Repriev'd, whom I attended in the Chapel of Newgate twice every day while they were under this Condemnation: From which Four of them being (as I noted before) now discharg'd, there is but One I am here to give an Account of. And the Person, who is thus become the melancholy Subject of this Paper, which (through Mercy) has had of late a long happy Interruption, is, Thomas Mac-Namare , Gent . who was condemned for assaulting and robbing Mr. Edmund Halon upon the QUEEN's Highway, on the 12th Day of May last past. He denied this Fact, and said, That the things he was charg'd to have robbed Mr. Halon of, [viz. a Gold Watch with a Silver Chain gilt, a Gold Ring set round with Diamonds and an Emerald in the middle, another Gold Ring with a Ruby, a Gold Seal, and a Silver-hilted Sword,] were borrow'd (in a friendly manner, and with a design to be return'd to the said Mr. Halon) and not at all stoln or violently taken from him. I found he was not willing to own himself guilty of such an Unchristian like Action; neither would he be perswaded to make any Confession to me, with relation to any thing concerning himself. And when I put these Questions to him, Whether he had not perswaded his Friend to rob Mr. Halon. 2. And (which was much worse) whether he was not for killing the said Mr. Halon upon the spot? He disown'd all this very faintly; saying, That Mr. Halon being his Friend's Acquaintance, certainly he would not serve him so. However, he desir'd I would not ask him any Questions (as I did) relating either to that Fact, or any other Passage of his Life. For he was not willing, neither did he think himself obliged to resolve or satisfy me therein. And this Reservedness of his and Unwillingness to open himself freely to me, was (as I perceived) First, Because he had so long flatter'd himself with the hopes of a Reprieve, that he could hardly think of Death, even when upon the very brink of it: And Secondly, Because he had a Friend, a Romish Priest (as I may well suppose) that came to him, who gave him his Directions, and strictly forbad him to take mine. What therefore I can here say further of him is, That he told me, he was about 21 years of age, come of a good Parentage, and born in the County of Clare in Ireland, and brought up in France from his Youth in the Roman Catholick Religion, which he had all-along profess'd, and in which he was resolved to die. And so it seems he did being assisted herein by his Ghostly Father, who would not leave him till he had seen him turned off at the Place of Execution, to which he was carry'd this day in a Cart, and where (according to the Duty of my Place) I attended him with the Offers of my last Service to him, and my hearty Prayers for the Everlasting Rest and Happiness of his Soul. He civilly thank'd me; but little minded what I said to him, or how I pray'd for him. He made no Speech to the Spectators, who were many; but (upon my motion to him) he allow'd me to desire their Prayers for his Departing Soul. Then he apply'd himself to his private ones, which he (for the most part) read in a, Book he had with him; but he read and pray'd so low, as not to be heard, even by those who were nearest him. When he had done, he was ty'd to the Tree, and soon after the Cart drawing away, he was then made sensible of his great Change, and what the State of the other World is. This is all the Account here to be given of this Dying Person, by me, PAUL LORRAIN , Ordinary . Wednesday, July 26, 1710. ADVERTISEMENTS. Books set forth by Paul Lorrain , Ordinary of Newgate . A Guide to Salvation, or the Way to Eternal Bliss: Being a Collection of Meditations and Prayers, suited to the Exercise of a Devout Christian. Printed for W. Meadows at the Fann in St. Paul's Church-yard, The Last Words of the Lady Margaret de la Musse . And, The Dying man's assistant. Both Printed for, and Sold by John Lawrence at the Angel in the Poultry . A Preparation for the Sacrament: with Moral and Divine Maxims. Printed for B. Aylmer at the 3 Pidgeons in Cornhil. ROBERT WHITLEDGE , who formerly lived at the Bible in Creed-Lane , is removed to the Bible and Ball in Ave-Mary-Lane near Ludgate , where all Booksellers and others may be furnisht with Bibles and Common-Prayers of all Sorts, with Cuts or without, Ruled or Unruled, Bound in Turky Leather or Plain. Mr. Strut's Cuts Curiously Engrav'd; also other fine Cuts fitted for all Sizes and Common-Prayers. The Welsh Bible, Welsh Common-Prayer, and Welsh Almanack. The Duty of Man's Works of all Sizes. The Duty of Man in Latin. Latin and French Common-Prayers. Tate and Brady's New Version of Psalms, with the New Supplement. Dr. Gibson on the Sacrament. The Statutes at large, in Three Volumes. Washington and Wingate's Abridgment of them. The Lord Clarendon's History of the Rebellion, in Folio and Octavo. The New Translation of AEsops Fables. Also Bp. Beveridge's Works, in 5 vol. And Dean Stanhope on the Epistles and Gospels, in 4 vol. All which Books and Cuts are likewise sold by J. Baker in Mercers-Chapel. Lately publish'd for the Use of Schools, Vocabularium Latiale; or, a Latin Vocabulary in two parts. The First being a Collection of the most usual and easie Latin words, whether primitive or derivative; with their signification in English, after the order of the Eight parts of Speech, giving a Specimen of each, and most naturally shewing the gender, increase, declension and motion of Nouns and Pronouns, with the Conjugation-Preterperfect Tense and Supine of Verbs both Simple and Compound. The Second, shewing the variation and declining of all the declinable parts, both regular an irregular. By Tho. Dyche , School-Master in London , Author of a new Spelling-book, entitul'd, A Guide to the English Tongue. Printed for S. Butler, at Bernard's-Inn-Gate, in Holbourn, J. Holland, near St. Paul's Church-yard, and A. Collins, at the Black-Boy in Fleet-street. Price 1 s. Just Publish'd, The Fourth Part of Vulgus Britannicus, or the British Hudibrass: Price 6 d. Where may be had the First and Second Parts; Being the History of the Mob, &c. in Burlesque Verse, in Ten Cantos. 1, and 2. The Disorders of the Rabble, the Folly, Hypocrisy and Moderation of the Times. 3. On the Mobs pulling down Dr. Burges's Meeting-House, and the other Disorders in the Street. 4. On the Mobs Revels round their Bonfire in Lincolns-Inn-Fields. 5. On the Burning of the Clock, and a Speech of a Holy Brother to the Poor Machine, before it was committed to the Flames. 6. Their further Mischiefs, and suppressing of the Rabble by the Guards. 7. Capt. Tom's Speech to his Dispersig Brethren. 8. The Beating up for Trainbands: The Citys Preparation for Raising the same; the Watch and Ward, with their Character and Deportment. 9. The Peoples Clamours at the Charge of Warding and Trainbanding. 10. The Battles, Disputes and Squabbles of different Parties in a Tavern-Kitchin, near the Exchange. Written by the Author of the London Spy. The Golden Spy: or the Secret Miraculous Power and Progress of Gold, with the Clergy, Statesmen, Favourites, Courtiers, Ladies, and Gamesters of the several Courts of Europe. The Works of T. Petronius Arbiter, in Prose and Verse. In three Parts. With a Critical Preface in Defence of the Author, and his Life and Character, Written by Mons. St. Evremont; and a Key to the Satyrs by a Person of Quality. The Second Edition, adorn'd with Cuts. To which is added, the Charms of Liberty; a Poem, by the late Duke of Devonshire. The Third Edition of the Compleat Works of Mr. Thomas Brown , in Prose and Verse; Serious, Moral, Comical and Satyrical; with large Additions; and a Supplement never before printed. To which is prefix'd, a Character of T. Brown and his Writings. By Dr. James Drake . Azarias. A Sermon held forth in a Quakers Meeting, immediately after Aminadab's Vision. With a Prayer for rooting out the Church and University, and blessing Tripe and Custard. All Sold by J. Woodward in St. Christopher's Church-yard near the Royal-Exchange, and J. Morphew near Stationers-Hall. London Printed, and are to be sold by J. Morphew, near Stationers-Hall.

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THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, Of the FIVE MALEFACTORS Who were executed at TYBURN On Monday the 25th of MARCH, 1751. BEING THE Fourth EXECUTION in the MAYORALTY OF THE Right Honble Francis Cokayne , Esq ; LORD-MAYOR of the CITY of LONDON . NUMBER IV. for the said YEAR. LONDON: Printed for, and sold by T. PARKER, in Jewin-street, and C. CORBETT, over-against St. Dunstan's Church, in Fleet-street, the only authorised Printers of the Dying Speeches. M.DCC.LI. [Price Six-pence.] THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, &c. BY Virtue of the King's Commission of the Peace, OYER and TERMINER, and Jail-Delivery of Newgate, held before the Right Honourable FRANCIS COKAYNE , Esq ; Lord Mayor of the City of London , Sir MARTIN WRIGHT , Knt . Mr. Justice GUNDRY, and Mr. Baron SMYTHE, and RICHARD ADAMS , Esq ; Recorder , and others of his Majesty's Justices of OYER and TERMINER, for the City of London, and Justices of Jail-Delivery of Newgate, holden for the said City, and County of Middlesex, at Justice Hall, in the Old Bailey , on Wednesday the 27th, Thursday the 28th of February; Friday the 1st, Saturday the 2d, and Monday the 4th of March, in the Twenty-fourth Year of his Majesty's Reign, JOSEPH BOROUGHS , JOHN CARR , GEORGE BERTIE , HENRY GROVER , RICHARD BUTLER , MARY CARNEY , and JOHN ATKINS , were capitally convicted, and received Sentence of Death accordingly. The Behaviour of these unhappy Wretches, as far as I can answer for it, was not otherwise than would become People in their Circumstances. Boroughs, Bertie, Grover, and Atkins were present at Divine Service every Day, unless Sickness prevented, and appeared attentive and devout. Carr. Butler, and Carney, being of the Romish Persuasion , were attended as usual by a proper Person. On Tuesday the 5th Instant, the Report of 6 Malefactors was made by Mr. Recorder to his Majesty, when he was pleased to order the 5 following forExecution, viz. Joseph Boroughs , John Carr , Henry Grover , Richard Butler , and John Atkins , on Monday the 25th Instant, George Bertie was respited, till his Majesty's Pleasure be further made known concerning him. Mary Carney pleading Pregnancy, and being found quick with Child, was not included in the Report, in Conformity to the Custom in those Cases. 1. JOSEPH BOROUGHS , was indicted for forging and publishing a Warrant, or Order, for Payment of 1 l. 10 s. with Intent to defraud Sir Joseph Hankey , Knt. and Company, Jan. 30th . 2. RICHARD BUTLER was indicted, for falsely causing and procuring, and willingly assisting in making and counterfeiting a Seaman's Will, with Intent to defraud, Jan. 26th . 3. JOHN CARR , was indicted for forging and publishing a false Letter of Attorney, and also for publishing it, with Intention to defraud, Nov. 22d . 4. HENRY GROVER , was indicted for stealing one black Gelding, Val. 11 l. the Goods of Thomas Groves . Jan. 21st . 5. JOHN ATKINS , was indicted, for that he on the 24th of January, about the Hour of one in the Morning, the Dwelling-house of George Ebenezer , Pewterer , did break, and enter, and stealing out from thence, 1 Pound Weight of Copper, Val. 1 s. & 8 Leaden Sash Weights, the Goods of the said George Ebenezer . 1. HENRY GROVER , aged 25, was born in Kempton Parish , in the County of Hertford , and was bred to Husbandry-work , to plow, and harrow, and all the laborious Work which the Cultivation of the Ground requires. He lived there with his Parents for the Time of his Infant-State, his Father having been bred in the same Way before him, who also appeared to be a hard labouring Man, in great Grief for his unhappy Son's Fare. He was of Course soon sent from Home to get his Living, a poor ignorant Boy, without the least Education, as the Circumstances of the Family could not admit of it; and he work'd for some Years in the Parish where he was born, with several Persons, as they had Occasion for the Service of one bred in this Way. He went after this to live at Luton in Bedfordshire , and was employed by several Masters, as daily, monthly, or yearly Occasions offered; and as far as we can understand, did his Business, eat his Meat, and rubb'd on, as People thus brought up are us'd to do, without any Charge of Suspicion of Dishonesty; and after four Years of Labour in and about that Place, he removed himself to Hampstead , where, he says, he lived near four Years, and worked as Opportunity offered, and where-ever he could get Employ. He never would own the stealing of the Horse, nor that he had ever been used to these Things; but that he was a hard working Man, and had always laboured to earn his Bread; and accounted for his coming by the Horse in the Manner following; viz. That oneDay going from Hampstead to London , at the Halsway House, between the two Places, he met with two Men, and particularized their Country; that he had work'd with them before, and seeing him going by, they called him in to drink, and during their Conversation, told him, they had a Horse to sell, but as they were not used to carry Horses to Market, they might make a bad one of him; that they were obliged to sell him, and as he had more the Appearance of a Countryman, the Horse might pass better off from his Hands, and he might get more Money for him than they thought they should do themselves. He refused, he says, at first, but they told him he should have Part of the Money, if he could get a Price for him, and they would rather he should have the selling of him than themselves. Accordingly, he says, they agreed it should be so, and they all three went together, sometimes one riding, and sometimes another, till they came to Enfield Chase . When they came there, they held a Consultation upon the Matter, and agreed that the two Men should stay there at a Publick-House, while he went into Enfield Town to see for a Chapman; and the Hopes of getting Money to support him, being out of Business, and necessitous, induced him to comply with the Terms they proposed. He went accordingly, in order to sell the Horse, and at their Direction, was to part with him for what he could get. They directed him also, he says, to change his Name, and to stand it out, if any Body should suspect he came dishonestly by the Horse. He offered him to Sale at a House in Enfield , but could not strike a Bargain. After this he went to another Person in the Neighbourhood, and would have sold him, but they suspected the Title he had to the Horse, and would know who he was, and how he came by him; and when they found he prevaricated, and declared himself to be the Person he was not, he was properly taken into Custody, and put into the Cage, as they thought very secure; but he found Means to escape from thence. He declared always he had never seen the two Men, who pretended to wait for his Return at Enfield Chase, nor could give any more Account of them, than that he had been used to work with them, and one went by the Name of Jemmy; the other's Name he did not remember. Finding himself however in a bad Scrape, he thought proper to take himself off the Ground, and away he went to Luton again, to shelter himself from the Clamour. The Prosecutor afterwards finding the Horse secured at Enfield, and having got Scent of the Person that exposed him to Sale, followed him to Luton , and found him at a Place where he had formerly been used to live, and brought him to Town. He had the Sense to own the attempting to sell, but would not to the last own the stealing. He was miserably ill at Conviction, and almost ever since; tho', towards the latter Part of his Time, he grew better, but at best very bad, and died scarce sensible of any Thing about him. He seemed naturally inclined to Laziness, nor would scarce take the Trouble to wash his Hands and Face; which brought on him a Disorder that almost stupify'd him, and so he died. 2. JOHN ATKINS , aged 34, was born in the Parish of St. Andrews, Holborn , and bred a Plaisterer . His Parents he says, were very honest, industrious People, and would have given him what Education their Circumstances could afford, but his Inclination was not that way turned, and when sent to School, he chose rather to loiter by the Way with any loose and idle Company; so that he scarce ever saw the Inside of the School. When he was about 12 Years old, it was thought fit to send him Abroad, as his Parents could do nothing for him, nor keep him within the Limits of their Directions. And finding but little Encouragement to stay at Home, he chose to be put Apprentice to a Plaisterer , with whom he lived for about a Year and a half, and then his Master dying, he was turned over to his Father, who was of the same Business. However, he said not long at Home, but being of an unsettled Temper, and not being indulged, as he expected, he went Abroad again, he says, and work'd at his Trade with several Masters, and when he was about 18 Years of Age, he married, and had several Children, two of whom are unhappy Survivors of his Fate, being left destitute. He lived most Part of his Time in the Parish of St. Andrew , but was always moving from Place to Place, so that he was scarce known to his Neighbourhood, before he got into a new one. And no Wonder, it was not for his Purpose to be known in one Place long, for fear of being detected in his Roguery. For, he confesses, he has long been conversant in robbing Houses, getting in by Means of picklock Keys, which he and his Accomplices took Care to have a Store of, to suit almost all Locks. And about 10 Years ago, he was himself an Evidence against the Man, who was now Evidence against him, and upon whose Evidence, corroborated with other Circumstances, he was justly convicted. And various Robberies of this Kind, he owns, have his Accomplices and he been guilty of, within the Term of 10 Years. But his Memory was very shallow, and very few were they of that Number, which he chose to particularly own. After he had escaped from this Trouble, as he called it, he says, he found no one in his own Trade would employ him; so he after some Time got to be a Carman , and drove Coal Carts by the Ditch Side for several Months; but could not forget his old Tricks. And having entered and robb'd a House somewhere in the Neighbourhood of St. Andrews , he was afraid of being detected, being pretty well known in that Parish, and Parts adjacent, so he removed himself and Family to Shadwell . A few Days before his Execution, he voluntarily confess'd, that he and Hood had been concerned in getting into an uninhabited House in Fleet-Lane , by the same Means, as above; from whence they took at different Times, a great Parcel of Ironmonger's Goods, and also many Pieces of Houshold Furniture, which were mostlysold to a Man, that lived in the same Lane, who is since dead. And he also voluntarily confess'd another Robbery of the same Kind, committed in an uninhabited House, in Newgate-Street , which was made a Warehouse of; from whence he and another stole and carried away 10 Cheeses, about two Men's Burthens, and left the Door locked as they found it, fastening it again by the same Means as they opened it. The Fact he was convicted for, he would not confess in all its Circumstances, as appeared upon Trial; but was ingenuous enough to own himself concerned both in stealing and selling the Goods. But he would turn the Tables upon the Evidence, who said upon the Trial, Atkins fetch'd him in the Night, and told him there was a Job to be done; whereas he always declared to the last, that the Evidence fetch'd him from Shadwell that Day, and about Dusk they came together to Cow Cross , and in a publick House there they sat and drank till they went about their wicked Deed. After geting into the Prosecutor's House in Manner as aforesaid; they repaired to Hood's House, who had a Dwelling in the Neighbourhood, and there agreed upon disposing their ill-got Booty. He confess'd the Justice of his Sentence, and said he had a long Time deserved what he was thereby to suffer. 3. JOSEPH BOROUGHS , aged 28, was the unhappy Son of a Clergyman, of the Church of England, by his first Wife. This unfortunate young Man might have been thought to have been born to a better Fate, having been for a Number of Years carefully educated by his Father, who had brought him to no small Proficiency in the Greek and Latin Languages. But when he left Home, having no Fortune to subsist on, till some Provision was made for him in the World, (a fatal Thing which but two many have had Reason to remember) he was some Years ago sent over to Dublin , with an Intention to be enter'd into Trinity-College, in Order to compleat his Studies; but was disappointed by unforeseen Accidents, too common in human Affairs. During his Stay at Dublin, he had expended what little Stock he had, and having got married, was reduced to great Straits and Necessities. He therefore thought himself then obliged to look out for some Business, and having made himself Master of the Pen, and Figures, he got to be Clerk to a Coachmaker , with whom he continued some Time. And after diverse other Vicissitudes in Life, into which he was perhaps, for Want of Judgment unhappily led; about four Years ago he came to London , where having been for some Months, he was recommended to and entertain'd as Clerk , by a worthy Alderman of this City of London, whom he well and truly served in that Capacity for about seven Months. When he left this Master's Service he was recommended by him, as he says, to one of the most honourable Men in the World, with whom he lived about two Years and an Half, without ever wronging or defrauding him of oneShilling; but being discharged his Service about Midsummer last, hath ever since endured much Hardship. Some Part of the Time he got Employ, and did Jobs of Writing for Gentlemen of the Law ; at other Times he was without any Support for himself, Wife, and two Children, but what accrued from selling and pawning their Wearing-Apparel, &c. Some small Time after Christmas, Things still growing worse and worse, and no Hopes of meeting any Business in London , an apparent Impossibility of subsisting much longer put him upon the Thoughts of going with his Family to Jamaica; and accordingly he made Application to the Agents for the Commissioners of the Act of Settlement for that Island, and agreed with them to proceed thither, according to the Stipulations in the said Act. Their Passage was paid accordingly by the said Agents, to the Commander of a Ship bound to that Island; as appears by a Writing to that Purpose, which he left with me before the Day of his Death. He was however now exceedingly poor, and being unable to pay the Evidence, Mr. Gee, a Debt of 17 s. which he had contracted for Lodging, &c. for Wife and Children, and fearing to be stopt in his intended Voyage, he says, he inserted an Advertisement in the Daily Advertiser, setting forth his Want, and desiring the Assistance of the Humane, in order to make some small Provision for his Children in the Voyage, better than the Ship's Allowance; but nothing proceeding from that Advertisement, his Thoughts suggested to him, and he was tempted to forge a Draught on Sir Joseph Hankey and Co. for 30 s. thinking that small Sum sufficient for him during his Stay, which he imagined would have been but very short; but the Ship being detained by contrary Winds, Necessity urged him to commit another Crime, which was forging another Draught, of 20 l. Out of this, he says, he paid some Debts, and bought some Necessaries, and went down to Gravesend ; and that after he had been there a Week, a Person to whom he was indebted, being informed of his Design of going to Jamaica, had him arrested at Gravesend for a Debt of 13 l. This once more stript him of every Thing he had; he therefore came up to Town to attempt a third Fraud, which caused his being apprehended. If he had succeeded in that, he says, that he intended to have set out for Bristol, to prevent other Arrests, to have gone for Ireland, and waited at Cork for the Ship, which he knew was to touch there. This is the Purport of that Account which, according to Tuesday's Daily Advertiser, he advertised he had given to me under his own Hand-writing. When Boroughs came to live with the worthy Alderman before-mention'd, the Question was put to him, whether he was a single or a married Man? He pretended to be a single Man; but after some Time it appeared to the contrary, and it was known in the House that he was married; and this is declared to be the only Cause why he was discharged from that Gentleman's Clerkship. Boroughs was therefore recommended by his late Master to Mr. Revil, as a Person of whom he had a good Opinion;nor does it appear, that during the Time of his being in that Gentleman's Service, (of whom he speaks with the utmost Respect) there was Room for any Imputation or Charge against him of Dishonesty, or Want of Attention to Business; and as far as I can learn, some Disagreement between Boroughs and some of the Servants of the same House was the only Cause of his being discharged from thence. That he laboured under great Hardships after he left Mr. Revil's Service, is certainly very true, as I was informed by some that were slender Acquaintance of his; who were so far Witnesses of it, as to have him come to them, and apply for a Morsel of Meat, and a Draught of Beer; with which they, seeing his Necessity, were charitably induced to supply him. His Necessities brought on Family Uneasinesses, which drove him to that too common Error of endeavouring to ease it by drinking; which was a Fault his Weakness made him too liable to. It was a hard Struggle for him to reconcile himself to his Fate, but at length he became quite calm and composed, under the Thoughts of its nearer Approaches, acknowledging the Justice of his Suffering, and earnestly entreating Forgiveness from God and Man for all his aggravated Crimes and Transgressions. 4. RICH. BUTLER , aged 35, was born in Turlus , a small Town in the County of Tiperary , in the Kingdom of Ireland , his Father being in good Circumstances and having eighteen Children at one Time to support, was under the indispensible Necessity of binding the Younger to Mechanicks, and as this unfortunate Man was rather more heavy and stupid than the Rest of his Brothers, and having no manner of Education to qualify himself for a higher Degree of Life, he was satisfied to embrace any menial State his Father was pleased to appoint him: Therefore when he arrived to the Age of fourteen Years, he was put Apprentice to a Baker (of no great Consequence) that lived in the City of Waterford , whom he served with great Fidelity untill his Time was expired; during the Course of his Servitude he was indefatigable in his Endeavours to attain to the Knowledge of his Business, and having the good Fortune to acquire the Love and Esteem of his Master (who represented his Carefulness and Assiduity to his Father in the most favourable Light) influenced his Father to entertain strong Hopes of his launching into the World with the Character of a hopeful and prudent young Fellow, and which encouraged him to furnish him with every Thing necessary to carry on his Trade; and giving him one hundred Pounds to lay in a proper Stock with, he settled in the same City he serv'd his Time in; where he, from the Advantages acruing from his Business, shortly redoubled that Sum, and might have acquired a decent Livelihood had he pursued the same industrious Life he so successfully began with, and evaded his present untimely End; but being puff'd up with an Immensity of Vanity and Pride at the Prospect of so large a Sum as he then thought he had in Possession, and keeping Company with a Set of Neighbours, whose Abilities were far superior to his, that in less than twelve Months he squandered away his intire ready Money, and shortly after exhausted his Principle Stock in Trade by his repeated Profuseness; to these his extravagant Inclinations we must add his Delight in the Exercises of Hunting and Racing, and his Want of Judgment in laying Wagers upon these Occasions, which rendered him a Tool to the more Experienced, and was the utter Cause of his Ruin; his Career being thus stopped, and finding it impracticable to follow Trade any longer without a fresh Supply from his Father, he carried several Schemes into Execution in order to recover his Favour, and after many strenuous but fruitless Endeavours to that purpose, he found himself under the Necessity of leaving the City he so lately succeeded so well in, and retire to the Place of his Nativity, where forming several Designs to extort Money from his Relations, they expressed the greatest Marks of Scorn and Disdain to his Solicitations, and forc'd him to quit that Country, otherwise they would have recourse to Justice, and represent him as a Vagabond. Being covered with Shame and Confusion for this Disgrace, and convinced of the Consequence of his late bad Practices, he applied to a good natured Clergyman that lived in the same Parish, and bore the same Name, to use his good Offices with his Father to grant him but twenty Pounds and some Clothes, promising in the most sacred Manner never to annoy him more, which this Gentleman with great Difficulty, procured for him; and leaving Turlus very well mounted and equipp'd, he proceeded on his Journey for Corke , fully resolved never to return without making Amends for his bad Conduct; he was not very long in Corke before he got into an excellent Place of Work, and living in a very frugal Manner, he soon acquired the Esteem of all his Acquaintance, and adding to his little Stock, he was reputed a Man in tolerable Circumstances. In the Neighbourhood were he work'd there lived the Widow of a very ancient Custom house Officer, who had the Honour to serve 4 crown'd Heads successively (viz.) K. William, Q. Anne, K. George the First, and his present Majesty: She was but very young at the Time of his Decease, and he left her a very considerable Fortune; the Appearance Mr. Butler made being very genteel, and having frequent Opportunities to indulge himself with her Company, soon prevailed upon her to conclude a Marriage with him. As soon as he had possess'd himself of her Fortune, he followed the Occupation of a Publican , in Cow-Lane , in that City, and giving very large Credit to seafaring Men, whose Payments are very uncertain; after five Years Residence in that Place, in Order to shun the Miseries of a Gaol, he found it absolutely necessary to quit the Kingdom and come to Plymouth , where he kept a House of Lodgers , near three Years; from thence he came to London , where he got acquainted with the Evidence Thomas Rogerman , and enter'd into a mutual Conspiracy to carry on these base Practices, and of defrauding his Majesty and his Subjects of several large Sums of Money, but was at last pursued by the Hand of Justice, being detected in falsely obtaining Letters of Administration to one Joseph Clayton , a Mariner , knowing the same to be false and counterfeit, of which he was found guilty, and very deservedly received Sentence of Death accordingly. 'Twas a deep laid Scheme of Butler and his Associates to draw in a poor Woman to stand between them and the Halter; but it pleased Providence in this Case, that the Contrivers of this iniquitous Scheme should fall into the Trap, which his wicked Cunning had laid for another. Several poor Women have suffer'd for Forgeries, or publishing Forgeries, which very likely themselves were not at all aware of the Danger of being concerned in, being only induced to do what they did by the crafty Insinuations of some one or more of that abandon'd Set of Wretches, who seem determin'd, at all Events, to do all the Mischief they can to poor Sailors, who has earned his Money hard enough, and deserves better Usage at every Briton's Hands. And whenever any one of this Set of wicked Men, who make it their Business to defraud the brave, honest Tarr, who is by them used much worse than he deserves. 'Tis a great Instance of publick Justice when such Men are brought to suffer that Fate, which Butler has thus most rightly deserved, and been exposed to. JOHN CARR , aged 31, was born in the North of Ireland , of a Family, as he says, of some Repute in that Part of the World, but of no great Fortune; had his Maintenance and Education agreeable to their Circumstances, till about the Age of 16, when he thought proper to launch out into the World, and accordingly did put his Resolution in Practice. He then, it seems, came to the Metropolis of that Kingdom, recommended by his Friends, and placed himself under the Protection of a distant Relation; where he lived for some Years in Ease and Tranquility, and in improving that Education he had received in Writing and Figures. He was bred to no particular Business, but at length he began to deal a little in Wines, and Brandys , &c. which Way, if he had continued in, 'tis thought might have brought him in that Country such considerable Profits, as would have continued to him a Life of Ease, and Satisfaction. But his Acquaintance with the extravagant and loose Part of Mankind grew too extensive, which being followed by the Death of his Friend, who was his Support, put an End for the present to the industrious Traffick, he had lately enter'd upon; and he began to give himself up to those Extravagancies which the Heat of Youth, and its Inexperience, but too often indulges. To begin then with the chief Occurrence of his Life, I must inform the Reader, that one of the Party whom he most esteemed and kept Company with, was a young Rake of a very large Fortune, who liv'd in the remotest Part of the Kingdom, to which Place he invited Mr. Carr to spend some Part of the Summer Season, who agreeing to gowith him, they accordingly set out, and after travelling some Time, they arrived at Kilkenny , where they met with a Stage Coach in which were several Passengers, who stopp'd at the same Inn they proposed to put up at; among the Passengers in this Coach there was a most beautiful young Lady, dress'd in all the Elegance of Taste imaginable, who appeared by her Mien to be a Person of Quality. It greatly surprized Mr. Carr to see so many excellent Charms exposed and unattended; he immediately alighted from his Horse, already deeply smitten with her Charms, and offering her his Hand she accepted it, and handing her into the Inn could not bear a Separation, and therefore proposed that they might all sup together, which was agreed to; and while Supper was preparing, he endeavoured to learn from the Coachman, who she was, but to no Purpose; all the Information he could get was, that he took in the Lady at Dublin, and was going to the Spaw at Mallow, he found himself extremely uneasy in his Mind, this being the first Time that he was ever inspired with the Symptoms of Love. Mr. Carr, in Order to procure more of her Company, endeavour'd to persuade them all to stay next Day to see the Beauty of the City, which he described in most exalted Terms, not forgetting to mention the Seat of the late Duke of Ormond, with the highest Encomiums, which raised their Expectations to such a Pitch, that they agreed to defer their Journey one Day, in order to satisfy their Curiosities, which heightened Mr. Carr's Spirits to a very extraordinary Degree, and made him, for the remaining Part of the Evening, very agreeable Company. The Lady who by the Way was a Jilt, was not idle in the Part she was to act; she judg'd this young Man, by his Appearance, to be a Gentleman of extensive Fortune, and therefore, in order to fix him faster in her Snare, she endeavoured next Morning to outshine the Figure she made but Yesterday, and therefore entered the Room they were to breakfast in, dress'd in a most extraordinary Manner, and adorn'd with Jewels of a considerable Value, Mr. Carr stood motionless at her Entrance; she perceiv'd her Conquest, and was determined to give him the first Opportunity to declare his Mind, which happened in a Gallery at the Duke of Ormond's Palace, where they were viewing the Curiosities; they purposely strayed from the Rest of the Company, and when Carr found himself alone with her, he opened his whole Soul; she seemed to receive the Declarations of his violent Passion rather with Disdain than any Sign of being touch'd; however, she told him she was an English Lady of Distinction, and that his Person was not altogether displeasing to her, and if he was a Gentleman of Fortune and Family, as she supposed him to be, and could but obtain the Consent of her Friends, she did not doubt but in Time she might reconcile herself to give him her Hand and her Heart; telling him, she was than going to Mallow , to spend some Part of the Summer, where she should be glad to have his Company, and he accordingly went with her in spite of all the Entreaties of his Friend to thecontrary. Here he spent his Money and Time in a most riotous debauch'd Way of living, with this Lady, till he was obliged to apply to his Friend for a Reimbursement, who kindly assisted him not only with Cash but Advice too, which it would have been happy for Mr. Carr it he had followed; but instead of that, he and his Lady, who by this Time were as intimate as Man and Wife, pack'd up their Alls, and set out for Dublin , designing from thence to go for England. The Lady advised Mr. Carr to get every Thing in readiness for their Voyage, and particularly all the Cash he possibly could raise, in order that her Friends in England might see the Figure they could make. Mr. Carr had a large Sum of Money in the House, which he gave her the Keys off, and in order to raise more, sold some Houses left him by his deceased Relation, and taking up large Sums at an exorbitant Interest, he threw himself at her Feet, and told her she was sole Misterss of him and all he had in the World. When Mr. Carr had raised all the Money he could procure, and made up an Equipage agreeable to her Orders, there was nothing more to be done than to procure a Ship; but she took an Opportunity, in his Absence, of making diligent Enquiry if there were any Ships bound for foreign Parts, and ready to sail. She was informed there was one just ready to sail for Amsterdam. She dress'd herself in a Suit of Man's Cloaths she had provided for the Purpose, and went to the Captain of this Vessel, and agreed with him, and sent all Mr. Carr's Luggage and her own Cloaths on Board that very Night; and the Wind offering fair, she prevailed on the Captain to sail with all Speed, giving him a Present for his Compliance; leaving the unfortunate Mr. Carr, destitute of Money, to seek new Adventures. When Mr. Carr returned Home, and found that his Lady was gone, and every Thing valuable in his House carried away, what Transports of Rage and Fury he flew into, is almost impossible to describe; but when he came to the Return of his Reason, and knowing that a Search would be ineffectual, and serve rather to manifest his Folly than grant him any Relief; he therefore considered, before his Loss was made publick, it would be more congruous with his Interest to dispose of the Remainder of his Goods, and get as much Money as he could, and leave his native Country with all Expedition. The next Day he applied to a Broker, and received from him near an Hundred Pounds for his Goods, which he set off with directly, in the Packet-Boat, for Park-Gate . About 12 or 13 Years ago, as far as we can find, Mr. Carr came to England , and was a great while in the Guards , and being discharged, enter'd for a Marine in the West of England . After he came to London, he was married to his first Wife, with whom he lived in Falconbridge-Court , Hog-Lane , St. Giles's , and sold Tea, and other smuggled Goods ; when the Wife's Mother and he having a Difference about what small Fortune she proposed to give her Daughter, and he finding it in vain to sue for it, thought it his best Way to sell his Stock in Trade and Furniture, and leave his Wife to shift for herself. Accordingly he did so, and became acquainted with one -, who kept a House in Short's-Gardens, Drury-Lane. This Man sold Corks to the Country Inns, and he took Carr in for a Partner. But Carr being a Person of Address, got into Favour with the Partner's Customers, and so one Nail drove out the other. But Carr frequenting the Gaming-Table too much, soon spoil'd himself for a Corkseller , by Means of his bad Fortune. Mr. Carr began now to be instructed in the Artifice of Mankind, he got acquainted with a Set of infamous Sharpers, who, under a Shew of Friendship, made him conversant with the alluring Temptations of Gaming, and other bad Practices, that rendered him a necessary Dupe to such Miscreants. He continued in London a considerable Time, spending his Money in every Extravagance the Invention of their ill-applied Wit could direct: He was perswaded by them to believe, he should soon marry a Woman with a large Fortune; nay, one was pitch'd upon, and necessary Go-betweens employ'd so effectually, and Carr's Merit so strongly recommended, that a Meeting was actually agreed on, when these false Friends sent Word to the Father of the young Lady, that a Scoundrel was going to run away with his Daughter, and betrayed every Motion that had been made; which occasion'd the Gentleman to take more Care of his Daughter, and all Mr. Carr's Endeavours were in vain ever to see her afterwards. He was now become the Sport of these Reprobates and Sycophants, who like Vultures preyed upon him whilst his Money lasted, and when gone, despised and loath'd his Company. His Intrigues had drain'd him of all his Cash; it was now he began to see into his past Folly, and tho' he was bubbled and ensnar'd, yet he thought to shake off Idleness and Debauchery as soon as an Opportunity serv'd. But Carr being even at this Time somewhat acquainted with the Seamens Affairs, began to play his Tricks, and cheated a Friend of his, who intrusted him with a large Sum. His Friend had a Right to receive 60 l. and upwards at the Navy-Office, and sent him to receive it; but Carr thought proper to take it to his own Use; his Friend did not think proper to prosecute him, or he might have stood a bad Chance even at that Time. This went the same Way with the rest, was swallowed up in bad Luck at the Gaming-Table, and now all his Hopes were once more frustrated. He remained in Town a considerable Time, struggling with all the Calamities incident to Poverty and the Want of Money, and after pawning his intire wearing Apparel, which was his last Recourse, he then bethought himself of the only Expedient that could next offer most in his Favour, which was to enter again as a Marine on Board one of his Majesty's Ships, which he accordingly executed, leaving London not without bitter Remarks upon the Infidelity of his Undoers. He enlisted himself in the Service of the Navy, and rendered himself agreeable to the Ship's Company; his affable Behaviour soon distinguished himfrom the common Level, and in a short Time becoming so perfect a Master of his Exercise, he was preferr'd to the Quality of a Serjeant ; and had the Happiness to acquire the Esteem of all his Officers, and took so much Pains in correcting the Malignities of Disposition that reigned amongst his Fellow-Sodiers, that he was regarded more in Proportion than any of the inferior Officers; he was not long at Sea before they gave Chace to a large Ship, and coming up with her in four or five Hours, she made little or no Resistance, but soon struck, proving to be a Spanish Merchant-Man: She turn'd out to be a very rich Prize, laden with sundry Goods, which they safely conveyed in about 12 or 14 Days Time to Plymouth , where she lay at Anchor. During this short Engagement, he behaved with such becoming Courage as to receive the Satisfaction of being promised the first suitable Promotion. Flush'd with this Success, he thought to make a Reparation for his late Losses in London , and to acquire a Fortune even at the Hazard of his Life. He was afterwards on Board a Ship stationed to cruise in the Chops of the Channel, where she was very fortunate in her Enterprizes, and took several private Ships of War, as well as Merchant-Men, belonging to Spain, which were condemned as lawful Prizes. He did not remain long on Board this Ship, being prepossess'd with a Notion that he might have a far better Chance on Board a Privateer. He therefore left her at Plymouth , came to London , and enter'd himself in the Quality of Master at Arms . The Privateer being ready for the Sea, they left the River, and touch'd at the Downs, where they waited until they got their Orders in what Station to cruize, which was in Lat. 47 and 48 N. The Ship being stoutly mann'd, and the Crew in great Spirits, they left the Downs the latter End of April, 1744, and in two Days after they met with a French Privateer of 60 Guns, and 60 Men, which they carried into Poole . They lay too that Night, and the next Morning got their Men from on Board the Prize, and proceeded to Sea again. They had not left the Land above 4 Days but one of the Men at the Mast head spyed a Sail, which they gave Chace to, and in less than two Hours came up with her, and fired several Guns before she came too; it would be ineffectual for her to resist a Power so superior to her, and when they boarded her she proved a rich Prize from St. Domingo, and bound to Rochel. It is unnecessary to mention the Particulars of this Prize, it shall suffice, that they conveyed her safely to King Road , Bristol , where the Owners lived; here they refitted their Ship, and took in fresh Supplies of Beer and Water, and fail'd soon after for their former Station, and having a fine Gale down Bristol Channel, they met with nothing material untill they arrived at their cruizing Latitude, when they espying a Sail to Leeward, they crowded all their Sail to bear down upon her; she using all her Endeavours to escape but to no Purpose, the Pursuer being a prime Sailor; they brought her too in about an Hour, and she proved to be a Privateer; she only mounted eight Guns and seventy Men, they took her in Tow that Night, and the next Morning at Break of Day they saw three Sail more, they cast off their former Prize, and chased the other; but the Wind growing calm they were obliged to rely on their Boats and Oars, and bringing the sternmost Ship too, the others followed the like Example; they proved to be Virginia Men, taken a few Days before by the French, and putting some of our Men on Board them, and the Wind springing up at N. W. they made Sail for the Land's End of England . The next Day they had the good Fortune to fall in with a large Ship of 30 Guns, to Windward of them, which struck without making the least Resistance. She came from Marseilles, and was bound to Brest. She had on Board Cochineal, and several other Goods; and in six Days brought them to an Anchor in Falmouth Harbour , to the great Joy of all the Crew. They resuted their Ship with all possible Expedition, and in 12 Days reach'd their old Station, where espying another Sail at Break of Day coming before the Wind, they prepared for an Engagement; which was the sharpest he was ever engaged in, the Heat of Action lasting above 40 Minutes, whilst they fought Yard-arm and Yard-arm; but receiving very great Damage from their constant Fire, which lasted near four Hours, when she was glad to sheer off, being torn to Pieces, and most of her Men kill'd and wounded; the Rigging of Carr's Ship suffering prodigiously by her Shot, rendered her incapable of making a vigorous Pursuit, until they had bent fresh Sails to her Yards; when, after a long Chace, they came up with her about 10 o'Clock at Night, and obliged her to strike. She was a Privateer belonging to St. Maloes, her Strength consisted of 20 Guns, and 300 Men; in this Engagement the English Ship had but four Men wounded in the Action, who behaved with the utmost Conduct and Bravery. The Captain died soon after he came on Shore, and using Mr. Carr with the greatest Deference in his Life-time, he had likewise the Happiness of being kindly received by his Lady; and thinking it more adviseable to enter once more into Life, than run any more Risque at Sea, he thought an Opportunity now offered to advance his Fortune, and make him an adequate Return for all his past Sufferings; he therefore provided himself with some genteel Cloaths, and repeated his Visits to the Captain's Lady, who found so great an Alteration for the better in his Person, that she entertained a vast Affection for him, He carried on a formal Courtship with her, and made Use of all his Address to engage her in an Amour. The Bait he laid for her was so well concerted, that she could not easily avoid his Snares; he redoubled his Assiduities; but she was seized with a sudden Fit of Illness, of which she died, to his inexpressible Grief. He got by this Gentlewoman a small Fortune. He then came to London with his small Fortune, for a Beginning and entered into Trade; and tho' the Business he pursued (whichwas that of Smuggling) admitted of various and hazardous Dangers, yet the Profit arising therefrom was too great an Inducement to him not to continue it. He followed this Branch a considerable Time, and thinking it absolutely necessary to get another Wife, he fell in Love with one Mrs. -, whom he espoused; and going into Partnership with two others, they met with Misfortunes in Trade; and tho' they had several Warehouses stock'd with Wines, and sundry other Goods, yet they had a Statute of Bankruptcy against them not long since. He then had Recourse to such like Practices as have drawn upon him his present direful Calamities, and making it his Business to contract an Acquaintance with such People as he thought might be conducive to the carrying on his Schemes, and with an Intent to facilitate his Proceedings and Attempts upon the Weakness and Frailty of Mankind; (to wit) Sailors, who earn their Money with so much Labour and Fatigue, and who are made Properties of by such ill-designing People, who live and support their Extravagancies by the like indirect Means. He undertook besides, his following his Trade of selling Wines, Brandy, &c. for which Purpose he kept a Warehouse in Blackmoor-Street , Clare-Market , and afterwards removed to Duke-Street , near Lincoln's-Inn-Fields , where he resided until he was taken up. I say, besides that Trade, he undertook the Business of an Agent for receiving Prize-Money, Letters of Attorney, and Powers, for Widows, &c. in which Kind of Business the had full Employment; by which Means he often became acquainted with the Names of People who died Abroad; to whom Wages was due; which was often received, to the Dettiment of poor Widows, or helpless Orphans. One Instance of his Villainy of this Kind is as follows: Messrs. K - and C -, Merchants of this City, had Orders to receive some Money for a Widow and four Children in Ireland, which was to be paid at Portsmouth by the Post-master; but the Money not being to be received without Letters of Administration, Carr somehow procured them, and received the Money, and converted it to his own Use; but it being some Time after discovered who had received it, he was closely pursued, and glad to hush up the Affair, and return the Money. It is confidently asserted that he has, within two Years past, received near 3000 l. upon sham Letters of Attorney, &c. He was generally look'd upon to be a sober Man, in Regard to Drink, keeping his Head cool for any bad Purpose he had a Mind to pursue. It is said, he was tried for a Misdeameanor at the Sessions-House, in the Old-Bailey , about 7 Years since, but acquitted: he was concerned in bailing some of the Persons in Mr. W - 's Affair, and was very forward in giving Characters of Persons tried at the Old-Bailey, where he was every Sessions a constant Attendant. The Report of his robbing on the Highway is false. But Justice at length stopp'd his Career, being detected in uttering a false and counterfeit Letter of Attorney, forwhich he was indicted and tried, on the Oaths of John Sidding , and Edmund Mason , and others; and after a Trial of near nine Hours, and the strongest Corroborations he was found guilty, and received his deserved Sentence of Death. N. B.'Tis a Doubt, whether his Name was John Carr , or John Kernon ; 'tis generally believed, Kernon was his real Name, famous and well known in the Kingdom of Ireland . At the Place of EXECUTION. ON Monday the 25th Instant, about 9 o'Clock in the Morning, Henry Grover , Richard Butler , and John Atkins , in one Cart, Joseph Boroughs and John Carr in another, went to the Place of Execution; where, after having joined a short Space in Prayer for Forgiveness and Acceptance with God, thro' the Merits of Christ, and recommending their departing Souls to Mercy, they were turned off the Cart, neither of them having said any Thing particular, but all seemingly composed and resigned. Butler and Carr died in the Roman Catholick Perswasion, the latter having the most extraordinary Struggles and Convulsions that ever I beheld in any of these unhappy Wretches, which seem'd to arise from his being so very slender and light-built a Person. There were two Hearses to receive the Bodies of Boroughs and Carr; the rest were taken Care of by their Friends in Carts. This is all the Account given by me, JOHN TAYLOR , Ordinary of Newgate . To be LETT, or SOLD, At East-End, Finchley, in the County of Middlesex, A Handsome House, four Rooms on a Floor, with a large Garden, an Orchard, Barn, Stable, and a Brew-house, with the Water laid in; for further Particulars enquire of Mr. Patteshall, Tallow-Chandler, in Honey-Lane-Market, or of Thomas Parker , Printer , in Jewin-Street , near Cripplegate , London .

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THE ORDINARY of NEWGATE his ACCOUNT, Of the Behaviour, Confession, and dying Words of the Malefactors, who were executed at Tyburn, on Friday the 21st of this Instant November, 1729. AT the King's Commission of Oyer and Terminer, and Jail-Delivery of Newgate, held (before the Rt. Honourable Sir Robert Baylis , Knt . Lord Mayor of the City of London ; the Honourable Mr. Justice Probin: the Honourable Mr. Baron Cummins; the Right Worshipful Mr. Serjeant Raby, Deputy Recorder of the City of London, and other of his Majesty's Justices of Oyer and Terminer, and Jail-Delivery of Newgate, holden for the said City and County of Middlesex) at Justice-Hall in the Old-Baily , on Wednesday, Thursday, Friday and Saturday, being the 27th, 28th, 29th, and 30th of August, 1729, in the 3d Year of his Majesty's Reign. Four Men, viz. William Simpson , Henry Mitchel Arnold , Daniel Bolton , and William Rogers ; and one Woman, viz. Margaret Lawrence , were by the Jury found Guilty of capital Crimes, and receiv'd Sentence of Death. As also, At the King's Commission of Oyer and Terminer, and Jail-Delivery of Newgate, held (before the Rt. Honourable Sir Robert Baylis , Knt . Lord Mayor of the City of London ; the Rt. Honourable the Lord Chief Justice Raymond; the Honourable Mr. Justice Denton; the Honourable Mr. Baron Hales; the Right Worshipful Mr. Serjeant Raby, Deputy Recorder, and several others of his Majesty's Justices of Oyer and Terminer, and Jail-Delivery for the City of London, and Jail-Delivery of Newgate, holden for the said City and County of Middlesex) at Justice Hall in the Old-Bailey , on Wednesday, Thursday, Friday, Saturday, and Monday, being the 15th, 16th, 17th, 18th, and 20th of October, 1729, in the 3d Year of his Majesty's Reign. Five Men, viz. Robert Oliver , John Dyer , Abraham Dumbleton , John Showswood , and Richard Tonnard ; and on Woman, viz. Esther Morgan , were by the Jury found Guilty of capital Crimes, and received Sentence of Death. Whiie under Sentence of Death, they were instructed from these Words, St. Mat. 1. 21. And thou shall call his Name Jesus; for he shall save his People from their Sins: in the great Design of the Christian Salvation; which consists not in an empty speculative Faith, that the Son of God died for the Sins of the World, but in an active Faith attended with good Works, bringing forth the peacable Fruits of Righteousness, which are to the Glory and Praise of God; for, Faith without Works is dead, being alone, St. James, 2 17. I shew'd them, that there is no doubt, but Christ delivers Men from eternal Death and Hell Torments, which is the Punishment that is due unto our Sins; this Christ has undoubtedly purchas'd for all those that are his. Rom. 8. 1. Now therefore there is no Condemnation to them that are in Christ Jesus, who walk not after the Flesh, but after Spirit. God who might in Justice exact those Punishments, is now reconcil'd to us by the Death of his Son, having given to us the Spirit of Adoption, whereby we can cry Abba, Father. As for this Deliverance from the Worm of Conscience and eternal Fire of Hell, it is what all Men must greatly esteem, for who can abide with everlasting Burnings? And therefore among all those, who are not atheistical or desperately Wicked, we find few or none, who will not make some outward Profession, and perform some Acts of Religion, that thereby they might quiet their Consciences, with some Confidence, although never so Groundless, of their Share in this Salvation. I convinc'd them in how many Instances they had been Guilty of the Breach of their baptismal Vows, for which they ought bitterly to mourn before God, to renew themselves by an unfeigned Repentance, and by partaking in the Sacrament of the Lord's Supper, as a certain Emblem and Pledge of our everlasting Enjoyment of, and Communion with God and Christ, in Heaven hereafter. While these and many other Instructions were given, They were all attentive to my Exhortations, and made regular Responses to the Prayers. Bolton and Oliver, were most of the Time Sick, Esther Morgan and Tonnard did not appear in Chapel above two or three Days; Rogers had also a violent Fit of Sickness for about Fortnight, but at other Times gave very regular Attendance in Chapel; as I visited them frequently in the Cells, they all profest a deep Penitence for their Sins. Upon Monday the 17th of this Instant November, the Report was made to his Majesty in Council of the above Eleven Malefactors, under Sentence of Death in Newgate. John Showswood of St. Martin's in the Fields , for stealing 3 gold Watches, val. 75 l. two Diamond Rings, a Pistol, val. 10 s. and other Goods, out of the House of Mr. John Buchan , the 15th of August last; and Margaret Laurence , of St. Andrew's Holbourn , for feloniously stealing a Gold Watch, Chain, and Seals, val. 24 l. a Gold Snuff-Box, val. 18 l. a Diamond Ear-ring, one Velvet Gown and Petticoat, and other Suits of Cloaths, and divers other wearing Apparel, Silk and Linnen, as Head dress, Ruffles, Laces, &c. to the Sum of 80 l. and 40 Guineas, the Goods of Martha Thorold , out of the dwelling House of the said Martha Thorold , the 9th of July last; receiv'd his Majesty's most Gracious Reprieve. The remaining Nine, viz. William Simpson , Henry Mitchel Arnold , Daniel Bolton , William Rogers , Robert Oliver , John Dyer , Abraham Dumbleton , Richard Tonnard , and Esther Morgan , were order'd for Execution. John Dyer , and Abraham Dumbleton , of St. James's Westminster , were Indicted for breaking open the House of Mr. Topping, in the Night time, the 16th of August last, and stealing 20 yards of printed Linnen, also some Russia-Linnen, and other Goods, to a considerable Value. John Dyer , and Abraham Dumbleton , were Indicted a second Time, of St. Andrew's Holbourn , for Assaulting Mr. Bradley, on the Highway, putting him in fear of his Life, and taking from him a Hat, a Perriwig, and a Cane. John Dyer , (as he said) was thirty one Years of Age, born of honest Parents in Salisbury , who intended him good Education, which he would not Receive, for he did not like to go to School: And when of Age fit for a Trade, he would stay at no settl'd Business, but soon left his own Country, and came to London , where he soon got into Company of a Gang of Thieves, and to make him compleat he said, he got acquainted with one of the Women of the Town for a Wife. He prov'd a considerable Proficient in his Way, having been one of the most noted Thieves in England, for House Breaking, Robbing in the Streets, on the Highway, Picking of Pockets, and all the different Species of Stealing and Thieving. About Seven Years ago he was taken up, upon which, he turn'd Evidence against his Companions; after that he said, he was detain'd in Newgate about seven Years last past, until about three or four Months ago he got his Liberty; when he neither had Sense nor Grace, to seek after any honest Business for a Livelihood; but applied himself with his Companion and Fellow-Sufferer, Dumbleton, to House-Breaking, and Street-Robberies, for which they were taken up in Six or Seven Weeks after they had got out of Newgate , where they were since kept to receive their Doom. He own'd, that he had been a very wicked young Fellow, in disobeying his Parents, Sabbath-Breaking, keeping very vile and wicked Company, Drinking, Whoring, Gaming, and all manner of Vices. He said, that lewd Women were a principal means of bringing him to his Misfortunes; and he reflected on her who went for his Wife, as the main Instrument of making him follow such wicked Courses, and likewise for Cohabiting with Cole, the Evidence who Swore against him. While he was under Condemnation, he writ down an Account of his many Villainies and Rogueries, which he has committed for these fifteen Years; and gave it to the PRINTER of this PAPER, to Publish it the Day before his Execution. He acknowledg'd the two Robberies of which he was Convicted, and the Justice of his Sentence according to Law; only he reflected on Mr. Bradely; I told him, he had almost Murder'd him, and therefore he had no Reason for any Reflections, he acknowledg'd, that his Evidence was true; only he alledg'd, that he was not exact in some Circumstances; however he freely forgave his Prosecutors, and one Cole, who was an Evidence against him. He said he could not be easie in his Mind till he had acquainted me with the following Robberies which he committed, and desir'd it may be made Publick to the World, which are as follows, viz. His Master whom he was bound too, sent him among his Customers to get in some Money, which was due to him; upon which he got up about three Pound; and as soon as he had receiv'd it, he went off, and made the best of his way for Salisbury in Wiltshire ; as soon as he came there, he got acquainted with a young Woman, and with her Assistance, and his own, he soon spent the Money; he said, when Madam found the Money gone, she march'd off too, and then he was put to his Shift. He said he was going one Day into Salisbury Market , where he spy'd a young Woman, whom he saw receive some Money, then he follow'd and watch'd her till she left the Town; then he follow'd her, and overtook her, and knock'd her down, and robb'd her of what Money she had; afterwards he made her go into the Wood, where he made her comply to his Lustful Desire; this Robbery was committed two Miles from Salisbury . Afterwards he made his Addresses to a young Woman, at a Place call'd Forthingbridge in Hampshire , where he went to work Journey-Work , and so became acquainted with her; and after some small Acquaintance, he went to lodge at her Mother's, and that was what he wanted, and where he made bold to take up his Lodging with the Daughter, and got her with Child, and they both consulted to rob her Mother, which they did of twenty Pounds, and afterwards made the best of their Way for Bristol , where they liv'd upon the Reversion of the Money till it was all gone. She return'd to visit her Mother, where the good old Woman receiv'd her and the Child with Abundance of Joy, he thought it not proper for him to appear, therefore made the best of his Way. After this, he went to see his Mother at Salisbury , and had not been long with her, before he took an Opportunity to rob her of Fifty Pounds, and went immediately for Bristol , and there Gamed best Part of the Money away: Then he took to Work at his Trade again, and from Bristol he went to a Place call'd Thornbury in Gloucestershire , and there he came acquainted with one Mrs. Low a Widow Woman, where they liv'd together about six Months, and they took the Town in for about 30 l. then they Sold all off, and went to a Place call'd Weekware , and there the Biter was Bit; for he agreed with a Collier to go Partners with him, and was to give him 50 l. whereof he gave him 30 l. down, and was to pay him the other Monthly, but before he came to pay the first Payment, his very good Friend the Collier went off of the Ground, and so the Biter was Bit indeed, so he pack'd up his Alls and came away from thence. He profess'd himself a Penitent for his great Sins, but did not appear to be broken and tender-hearted, as became one in his dismal Condition, but rather of a bold, obdurate Temper. Abraham Dumbleton , about 21 or 22 Years of Age, born of mean Parents in London , who put him to a Charity-School, but he was of such a perverse, disobedient Temper, that he did not profit much. When of Age he went to no Business, as unwilling to apply himself to any thing, but picking of Pockets, and thieving from his Childhood. He confess'd himself to have been a great Sinner, in Drinking, Swearing, Thieving, Sabbath-breaking, and other Vices; and that he had forsaken God and neglected his Ordinances, and that therefore his Calamities had most justly and deservedly come upon him. About three Years ago he marry'd a Wife, who, he said, had no hand in his Misfortunes, and that he had kept Company with lewd Wemen, as some of his Fraternity too frequently do to their Misfortunes; but that he associated himself with the worst of Men, who were the most notorious Thieves and Black-guards about the Town, and who brought him to his speedy Ruin. About two Years and a half ago, he was taken up upon Suspicion of Robberies, and then he took to be an Evidence against others, but one Kemp, against whom he was to swear, was, without any further Trial, executed for returning from Transportation. Upon this he was detain'd in Newgate for two Years, till lately getting out with Dyer, his Brother in Iniquity, they were both in a very short Time apprehended again, and brought to condign Punishment for their evil Deeds. He own'd the breaking of Mr. Toppings's House, and their assaulting and beating Mr. Bradely, in a most cruel and barbarous Manner, in Great Kirby-street , near Hatton-Garden ; but as to the bruising one of his Fingers, and rendering it useless, and wounding him in the Head, they having been oblig'd to run away, he doubted not but it might be so, but said, he knew nothing of it. He attended constantly in Chappel, and made regular Responses, but seem'd to be too much obdur'd and harden'd. He declar'd that he believed in Jesus Christ, that he was the Son of God, a only Saviour of Sinners, through whom he expected Salvation, that he repented of all his Sins, and died in Peace with all Mankind. William Rogers , was indicted, for that he having been convicted of a Felony, at a Sessions held the 14th of January, in the 12th Year of his late Majesty King George, for which he was transported, did return from Transportation before the Expiration of seven Years. He being prov'd to be the same Person, the Jury found him Guilty. Death. William Rogers , about 40 Years of Age, of mean Parents, who educated him at School to reading and writing, and instructed him in the necessary Articles of the Christian Faith, and when he was of Age, put him out Apprentice to a Shoe-maker , to which Trade he serv'd his Time, and afterwards he liv'd Industriously, (as he said) and earn'd his Bread by hard Labour, in the Station of a Journeyman-Shoe-maker . He marry'd a Wife, with whom he liv'd in Love and Friendship, till he was transported, but since that Time she hath proved a very undutiful and disobedient Wife. He began to neglect his Business, and to take himself to the Company of idle People and loose Women, and this was the Cause of his Misfortunes: For then to support his Prodigality, and maintain an idle Life, he began to pilfering and thieving, and being taken up for privately stealing some Shoes out of a Shop, two or three Years ago, he was for that Crime transported to Maryland , where after he had serv'd some Time, from thence he fled from his Master to Virginia , and at Williamsburgh he got a Master in his own Business, with whom he had very good Encouragement, and might have done well in that Country: But having been possess'd of a longing desire of returning to England , though he knew that he was liable to a capital Penalty, he came Home accordingly, out of Love to his Wife, who would not come near him, but cohabits now with another Man, and would by no Means be seen by her true Husband while alive; and upon this Account he blam'd her for his unfortunate Death. He was not so desperately Wicked as many of those miserable Wretches are. He behav'd Decently and Christianly while under Sentence, own'd that he died justly according to Law, declar'd that he believ'd in Christ his Saviour, that he was Penitent for his Offences, and at Peace with all the World. Daniel Bolton , of Harrow-on-the-Hill , was indicted for feloniously stealing a brown Gelding, val. 8 l. the Property of Thomas Page , the 15th of August last. The Prosecutor depos'd, that two idle Men lurking about, or near to his House, he and his Man, about 9 or 10 o'Clock at Night, observ'd the Prisoner bringing the Horse over the Hedge, and another Person on the other side of the Hedge putting him forward; that he stopping the Horse, the Prisoner quitted him, and ran into the Hedge, upon which he was immediately apprehended, and then for Excuse said, that he was to bring him again in two Hours. Daniel Bolton , about 25 Years of Age, descended of honest but mean Parents in Berkshire , who put him to School and taught him to read and write, and when of Age he follow'd Country Work. He was much afflicted with Sickness while under Sentence, and behav'd always very Christianly and Decently, both in Chappel and the Cells. He said, that he had liv'd Soberly and Honestly, except in the single Instance for which he died, and that that was done by Compact with and Advice of another young Man, who made his Escape. He denied, that he was addicted to those Vices, which are commonly incident to Thieves and Robbers. He appear'd to be a simple, clownish, ignorant, country Fellow. He died in the Faith of Jesus, repenting of his Sins, and in Peace with all the World. William Simpson , of the Parish of St. Sepulchre's , was indicted for feloniously stealing a black Gelding, Value 10 l. the Property of John Tull , the 17th of August last. William Simpson , 19 Years of Age, born in Gloucestershire , of creditable honest Parents, who gave him good Education, at School, and instructed him in the Articles of Christianity, and when of Age put him Apprentice to a Taylor , but not loving that Employment did not follow it, but staid with a Relation, who was a Farmer, and applied himself to Country Business with him. He said, that he never was Wicked in the Practice of those Vices, which are the Bane of unfortunate Miscreants, only that he was inclin'd to Idleness and gadding about, and would not apply himself to any settled Employment. He was much afflicted with Sickness, during his long Confinement under Sentence, and carried himself always in a decent and penitent Manner, both in Publick and Private. He declar'd, that he hop'd to be saved through the Merits of Jesus Christ, that he was a sincere Penitent, and died in Peace with all Mankind. Robert Oliver , alias William Johnson , of St. Laurence Jewry , was indicted for feloniously stealing 47 Guineas, the Property of Joseph Hepworth , in the Dwelling-house of Sarah North , the 14th of June last. Robert Oliver , alias William Johnson , 22 Years of Age, born in Yorkshire , had Education at School in reading and writing, and was instructed in the fundamental Articles of Christian Doctrine, and when of Age was put Apprentice to a Tallow Chandler . When out of his Time he came to Town to follow his Business, and happen'd into the Service of Mrs. North, where he committed the above Robbery upon his Fellow Servant . He was a sullen, moross young Fellow, from whom it was hard to extort a Word. He had but an indifferent Character before he committed this Robbery, as it was since found; but when he was ask'd Questions of that Kind, he answer'd in the Negative, No. He own'd that he took the Money, as sworn against him, and that he went with it to Great Moorgate , where he gave 22 Guineas for a Horse, on which he rode to Yorkshire , and there he made an Exchange of his Horse for another, and got four Guineas upon the Difference. Hss Prosecutor having sustain'd so considerable a Loss, rode down to Yorkshire in Quest of him, and after much Fatigue found him, and got him imprison'd, and seiz'd his Horse, as due to him for taking a Thief or Robber, but could receive none of his Money, and the Horse was but a sorry Recompence for his Damage, being scare worth any thing. He found Means to make his Escape out of Beaverly Prison , and after that having sculk'd a short Time in the Country, he came up to London again, where he was apprehended a second Time, and committed to Newgate , in order to receive a deserved Punishment for his Villainy. He had, sin the preceeding Part of his Life, been of a wicked perverse and thievish Disposition. He pretended Penitence, as did all the Rest, but few external Signs appear'd in any of them. He declar'd, that he believ'd in Christ, repented of his Sins, and freely forgave all the World. Esther Morgan , of St. Andrew's, Holbourn , was indicted for feloniously stealing a Gold Watch, a Gold Snuff Box, Value 18 l. Diamond Ear-rings, Value 18 l. a Suit of Headcloaths, Value 5 l. four Gowns, Value 20 l. and divers other Goods of great Value, 49 Guineas, and other Money in Silver, to the Value of 138 l. in the Dwelling-house of Martha Thorold , Spinster, the 9th of July last. Esther Morgan , 27 Years of Age, of honest and creditable Parents, in the County of Radnor , had (as she said) very good Education, and was instructed in every Thing proper to a young Woman of her Station. Contrary to the Advice and Will of her Parents, she left them, when only 17 Years of Age, and came to London, where she serv'd in several Families of Quality, for some Years, with Approbation and Honestly, till at last she came to be out of Place, for more than a whole Year, and then being put to her Invention, not knowing what to do, she conspir'd with the two Maids and Margaret Laurence , to rob Madam Thorold; which wicked Purpose of theirs they accordingly put in Execution, upon the first Opportunity. She constantly denied that she was the first Proposer of this execrable Purpose, as was reported of her; and said, that the two House Maids persuaded both her and Margaret Laurence , to concur with them in robbing their Mistress. Excepting two or three Days, she was very Sick and distress'd all the Time she was under Sentence, but when I visited her, she always declar'd herself very Penitent. She acknowledg'd that she had been Disobedient to her Parents, but said, that in the preceeding Course of her Life, she had neither been Thief, Whore, nor Drunkard. Some People gave her a very bad Character, as if she had gone about the Streets to observe, and if Opportunity offer'd it, to rob the Houses of honest People, but she said, that this was only to sell off some Goods, belonging to a Milliner of the City, with whom she was acquainted. She appear'd to have been a sensible young Woman, who, if she had behav'd well, might have met with a better Fate. She was always very attentive to Prayers and Exhortations, and the Evening before she died, not being able to walk, she was carried up to Chappel, and express'd a deal of Satisfaction in the Prayers, and a Sermon upon Death and Eternity, which she heard. She wanted all Necessaries, and had no Body to own her, and said that they with whom she left her Cloaths, would send her none of them, although she was not indebted to them. She was apparently Penitent, profess'd her Faith in Christ, our Saviour, and that she died in Peace with all Mankind. N. B. Henry Mitchel Arnold , of the Parish of All-Saints , for Burglariously breaking the Dwelling-House of Dennis Rolls his Master, and Feloniously taking 8 Guineas, 5 Silver Spoons, a Silver Cup, &c. the 17th of July last, receiv'd his Majesty's most gracious Reprieve upon Thursday Morning, the Day before the Execution. And Richard Tonnard , Convicted for Stealing of a brown Mare, value 5 l. the property of Henry Smith , the 13th of September last, having been Sick all the Time he was under Sentence, died upon Thursday Forenoon, the Day before the rest were Executed, between the Hours of 10 and 12, as we were up at Chappel. At the Place of Execution. THEY all appear'd outwardly Penitent, and griev'd for their past Sins. Esther Morgan , said, she had nothing to add to her former Confessions, only she desir'd me to Pray for her. Simpson said, he was very willing to leave the World, it being full of Sin and Sorrow, altho' he was in a Years time to Possess an Estate of 300 l. per Annum. He own'd that he had been a very great Sinner, and that Drinking, and bad Company-keeping, particularly with lewd and vile Women had brought him to his Ruin. He said also, this very Day which I am to Dye this Ignominious Death, my Mother Dy'd which is now four Years ago. He express'd a strong Confidence in the Mercy of God thro' Jesus Christ. Robert Oliver , also said, that he had been a most vicious and unruly young Man in every respect, and that therefore the Judgment of God had most justly overtaken him. The rest said, that they had nothing to add to their former Confessions They were all very desirous of Prayer, and they left this World crying to God to have Mercy upon them, and that the Lord Jesus might receive their Spirits. John Dyer , made the following Speech just before he was turn'd off. Good People, ' I Desire all who are here and see my untimely End, ' to take Warning and shun my Steps, and keep ' good Company; more especially to avoid lewd Women, which was the first cause of my Ruin: I have ' given a particular Account of all the Robberies by ' me Committed, to the Printer of this Paper, which ' I desir'd might be made Publick for the satisfaction ' of my Self, and all those I have Robb'd; which was ' Yesterday Publish'd. I beg of all good Christians to ' Pray for my departing Soul, for I must own I have ' been a great Offender, and have run a long Race in ' Wickedness, and am now justly cut off for my past ' Offences. So the Lord of his infinite Mercy Pardon ' me, my Sins, Lord Jesus receive me, and into thy ' Hands O Lord I commend my Spirit. John Dyer . This is all the Account given by me, JAMES GUTHRIE , Ordinary of Newgate . ADVERTISEMENT. This is to give NOTICE, That on the 8th of December next, A Woman's Prize-Shoe, made by the Famous Mr. James Jackson , an Englishman, made against Mr. John Winderham , an Irishman. The Shoes were made about Six Weeks a gone, and was shown at the Nag's-Head in Oxendon-Street , Piccadilly , where the Persons chose Umpires disagreed in their Judgment; upon which the Irishman being vain of his own Performance, gave Mr. Jackson half a Guinea, and a Pair of Pumps, to allow his Shoe to be the best done. Mr. Jackson's Shoe, is to be seen at Mr. Morris's, at the Red-Lyon in Red-Lyon-Street near St. Margaret's-Hill , in the Borough of Southwark . London Printed by JOHN APPLEBEE , in Black-Fryers .

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The ORDINARY of NEWGATE his Account of the Behaviour, Confessions, and Last Speeches of the Malefactors that were Executed at TYBURN, on FRIDAY the 15th day of SEPTEMBER, 1710. AT the Sessions held at Justice-Hall in the Old-Baily, on Wednesday the 6th, Thursday the 7th, Friday the 8th, and Saturday the 9th Instant, Eight Persons, that were then try'd for several Capital Crimes, and found respectively Guilty of them, did accordingly receive Sentence of Death: Six of them having obtain'd a gracious Reprieve (which it greatly concerns them to improve to the Glory of God) the other Two only are now order'd for Execution. All the time they lay under this Condemnation, I visited them constantly, and had them brought up to the Chapel of Newgate twice every day. There I pray'd with them and taught them the Word of God; explaining those Portions of it that were then read to them, and drawing from thence such Inferences, as I thought most proper to bring them to Repentance. And on the Lord's Day the 10th Instant, I preach'd to them, both in the Morning and Afternoon, upon 2 Pet. 3. 9. The Lord is not Slack concerning his Promise (as some Men count Slackness) but is Long-suffering to us-ward; not willing that any should Perish, but that all should come to Repentance. Which Words I first explicated in general; and then proceeded in particular to shew, That they contain or imply these Two Points. I. The Destruction of Jerusalem and of the People of the Jews; which came to pass 40 years after Christ's Prediction of it (Mat. 24 chap.) for their Impiety and Unbelief. II. The general Destruction and Judgment of the whole World; for which (as St. Paul told the Athenians, Acts 17.31) God has appointed a Day; which Day is certain, though unknown to us. From which two Points I raised this Proposition, viz. [That as sure as CHRIST JESUS (by the Hands of the Romans) destroy'd the Jews, as they were a People, and by that mean severely Punish'd them for their Incredulity and Hardness of Heart; so sure it is, That every individual Person shall hereafter (both in Body and Soul) stand before the Judgment-Seat of CHRIST; and there receive his Sentence, either of Absolution or Condemnation; according to what he shall be found to have done, whether it be good or bad; as the Apostle declares, 2 Cor. 5. 10.] And then, for a farther Explanation of the Text, I made these Observations from it; viz. I. That the LORD, who has promised and declared, That He will come one Day to judge the World; and, That He will receive the Good and Penitent to Himself, and destroy the Wicked and Impenitent, is able to make good this his Promise, to the uttermost. II. That He, who has thus promised and declar'd, and can make it good, is yet Long suffering to us-ward: He is pleas'd to bear with us, and forbear us for a time, (yea, a long time too) in that He does not (as He justly might) hastily bring this his final Judgment upon us: Thus dealing patiently with us, in Mercy; tho' [1st] His own Honour seems to suffer by it, from the Ungodly Speeches of Prophane Scoffers; and from the Impious Lives of Wicked Men: And tho' [2dly] They, or any of us, yea, the very best of Men, deserve no such Favour: And tho' [3dly] Our Happiness can be no real Addition of Glory to Him. III. That one great Reason why the Lord dispenses such Mercy of Long-suffering to us-ward, is, That None of us might perish. IV. and Lastly, That the Mean to prevent this final Perishing (tho' not that Judgment) is REPENTANCE. I enlarg'd upon all these; and concluded, at both times, with a particular Application, and suitable Exhortations to the Persons condemn'd, who seem'd to be pretty attentive to what was then deliver'd. As I taught them in publick, so I discours'd them also in private; where (as being more agreeable to their present Temper, and therefore more apt to work upon 'em) I expos'd to 'em the Heinousness of their respective Crimes, endeavouring to make them sensible, and truly penitent, of them. The Disposition which the Two Persons, who are now to die, seem'd then to be in, the Reader may collect from what they respectively declar'd to me; which is, in Substance, as follows, viz. I. Jane Forest , condemn'd for Murthering her Male Bastard-Child, on the 2d day of August last. She said, She was about 40 Years of age, born at a Place call'd Links, seven Miles beyond Edenburgh in Scotland ; That she had liv'd above 20 Years in or about London , and for the most part of that time been imploy'd in spinning Flax , to make Sail-cloth for HER MAJESTY's Ships; and, That tho' she had thereby got an honest Livelihood, yet she could not but own, that she had not been honest in every respect; for at the same time she denied the Murther of her Child, saying, that he was still-born, she confess'd, That she was guilty of the odious Sin of Whoredom; to cover the Shame of which, she did not call any body to her help when in Travail, but endeavour'd to conceal the matter; and so, some few hours after the Child was born, she took an Opportunity to carry him into the Fields beyond Rosemary-lane , and there laid him upon the green Grass. She was a poor ignorant Woman, could not read, and knew very little in Religion; but seem'd to be very desi rous of my Prayers and Instructions, which she had, and from which (as she said) she receiv'd great Comfort. She acknowledg'd the Judgment of GOD upon her to be just, and cry'd mightily for his Mercy. At first, she said, her Heart was lock'd up, and she could not pray at all; but afterwards she felt, that GOD had soften'd it, and melted it into Repentance; saying, I am now willing to die, rather than live: For I hope I shall do very well. Those were her own Words. 2. Charles Dean , condemn'd for breaking open the House of Mr John Stone , in the Parish of Shipperton , on the 7th day of June last. He utterly disown'd the Fact, and said, He was not in the House, nor in any wise guilty of it. But he declaring himself a Roman Catholick , and having Priests of his own Perswasion, that came to him, and advis'd him not to be directed by me, I am apt to think, that he thought himself so far from being under an Obligation of making any Confession to me, that his refusing to do it was a Duty which his Religion, or at least his Teachers, requir'd of him. He was (as he told me) about 26 Years of age, born of good Parents in the County of Montgomery in Wales , and brought up to the Law in London , where he had liv'd from his Youth, as far as he could remember, and was for some time an Attorney's Clerk , and, for these two Years past, had kept a Chamber in the Temple, and done Business for himself. This is the Account he gave me of himself; wherein I observ'd he was cautious of opening his Mind to me in any thing, which might have a tendency to the clearing his Conscience, reserving his Confession of that to be made, as I suppose, to his Father-Confessor. At the Place of Execution, whither they were both carried this Day from Newgate in a Cart, I attended them for the last time. I exhorted them to be free and ingenuous in their Confessions, and not to die with a Lye in their Mouths: Upon which Charles Dean said, He was not guilty, nor the Person, viz. Crouch, committed for the same Fact; and further he declar'd, That he died a Roman Catholick. As for June Forest , she persisted in what she had said before concerning the Murther of her Child; and mightily lamented her sad and shameful End, and cry'd bitterly: And by that, and other outward Demonstrations, shew'd the inward Grief of her Heart. After this, and some further Exhortations given them, I pray'd with them, and desir'd them to rehearse the Apostles Greed, and sing some penitential Psalms with me. Which done, I commended them to GOD's Mercy, and so withdrew. They had some time allow'd them for their private Devotions; then the Cart drew away, and they were turn'd off, all the while calling upon GOD to have Mercy on their Souls. This is all the Account here to be given of these Dying Persons, by me, PAUL LORRAIN , Ordinary . Friday, Sept. 15. 1710. ADVERTISEMENTS. Books set forth by Paul Lorrain , Ordinary of Newgate . A Guide to Salvation, or the Way to Eternal Bliss: Being a Collection of Meditations and Prayers, suited to the Exercise of a Devout Christian. Printed for W. Meadows at the Fann in St. Paul's Church-yard, The Last Words of the Lady Margaret de la Musse . And, The Dying man's assistant. Both Printed for, and Sold by John Lawrence at the Angel in the Poultry . A Preparation for the Sacrament: with Moral and Divine Maxims. Printed for B. Aylmer at the 3 Pidgeons in Cornhil. ROBERT WHITLEDGE , who formerly lived at the Bible in Creed-Lane , is removed to the Bible and Ball in Ave-Mary-Lane near Ludgate , where all Booksellers and others may be furnisht with Bibles and Common-Prayers of all Sorts, with Cuts or without, Ruled or Unruled, Bound in Turky Leather or Plain. Mr. Strut's Cuts Curiously Engrav'd; also other fine Cuts fitted for all Sizes and Common-Prayers. The Welsh Bible, Welsh Common-Prayer, and Welsh Almanack. The Duty of Man's Works of all Sizes. The Duty of Man in Latin. Latin and French Common-Prayers. Tate and Brady's New Version of Psalms, with the New Supplement. Dr. Gibson on the Sacrament. The Statutes at large, in Three Volumes. Washington and Wingate's Abridgment of them. The Lord Clarendon's History of the Rebellion, in Folio and Octavo. The New Translation of AEsops Fables. Also Bp. Beveridge's Works, in 5 vol. And Dean Stanhope on the Epistles and Gospels, in 4 vol. All which Books and Cuts are likewise sold by J. Baker in Mercers-Chapel Lately publish'd for the Use of Schools, Vocabularium Latiale; or, a Latin Vocabulary in two parts. The First being a Collection of the most usual and easie Latin words, whether primitive or derivative; with their signification in English, after the order of the Eight parts of Speech, giving a Specimen of each, and most naturally shewing the gender, increase, declension and motion of Nouns and Pronouns, with the Conjugation-Preterperfect Tense and Supine of Verbs both Simple and Compound. The Second, shewing the variation and declining of all the declinable parts, both regular an irregular. By Tho. Dyche , School-Master in London , Author of a new Spelling-book, entitul'd, A Guide to the English Tongue. Printed for S. Butler, at Bernard's-Inn-Gate, in Holbourn, J. Holland, near St. Paul's Church-yard, and A. Collins, at the Black-Boy in Fleet-street. Price 1 s. Just Publish'd, The Fifth & Last Part of Vulgus Britannicus, or British Hudibrass: Price 6 d. Where may be had all the other Four Parts; Being the History of the Mob, &c. in Burlesque Verse, in Ten Cantos. 1, and 2. The Disorders of the Rabble, the Folly, Hypocrisy and Moderation of the Times. 3. On the Mobs pulling down Dr. Burges's Meeting-House, and the other Disorders in the Street. 4. On the Mobs Revels round their Bonfire in Lincolns-Inn-Fields. 5. On the Burning of the Clock, and a Speech of a Holy Brother to the Poor Machine, before it was committed to the Flames. 6. Their further Mischiefs, and suppressing of the Rabble by the Guards. 7. Capt. Tom's Speech to his Dispersing Brethren. 8. The Beating up for Trainbands: The Citys Preparation for Raising the same; the Watch and Ward, with their Character and Deportment. 9. The Peoples Clamours at the Charge of Warding and Trainbanding. 10. The Battles, Disputes and Squabbles of different Parties in a Tavern-Kitchin, near the Exchange. With several other things, both pleasant and diverting. All Written by the Author of the London Spy; and sold by J. Woodward, in St. Christopher's Church-yard, Thredneedle-street; J. Morphew near Stationers-hall, and by most Booksellers in London and Westminster. London Printed, and are to be sold by J. Morphew, near Stationers-Hall.

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A True ACCOUNT of the BEHAVIOUR, CONFESSION, AND Last Dying SPEECHES Of the Criminals that were Executed at TYBURN, On Wednesday the 21st of December, 1692. THE Ordinary preacht several Sermons to the Condemed Criminals being Twenty One. The first was on the Lord's-Day immediately before their Condemnation on the Monday following, from this Text, viz. The 19th. Psalm, the 12th. Verse. Who can understand the Errors of his Life? Cleanse thon me from my secret Faults. The Observation from the Words was this, That the smallest Sins even Errors in Opinion and Infirmities in our Obedience to God's Laws, ought to be repented of, as needing pardoning Mercy. All Error is sinful, as it is a Mistake drawn upon our selves by the hereditary blindness of our first Apostacy from God. Yet is it not a complicated Iniquity till we remain under the power of Error, out of any affected Sloth, which will not search after sound knowledge. Thus it amounts to some degree of Rebellion against the light of Sacred Truth. A sincere Person doth not espouse any Error out of setled Pride of Heart to exalt a wanton Fancy, much less doth he propagate it, out of Self-interest against Conviction. Secondly, Errors or Mistakes in Practice need Repentance, though there be not perversness of Heart, in committing them against Knowledge and out of any confirmed Obstinacy. Thirdly, We ought to repent of secret Sins, because these have in them some degree of Athisme. We ought to pray that we may be cleansed from Heart Sins; these being not easily discover'd are the more dangerous. Such are vain thoughts, wandrings of Heart in our best Services; or unbecoming irreverent Conceptions of God's infinite Excellencies. Fourthly, Some expound secret Sins, to include Guilt contracted from other Mens Sins, by conniving and not reproving them. Thus adopting other Mens Sins to become their own, by counsel or example. Thus Sin may circulate in its vigor when they are dead, who first gave occasion of its spreading. Fifthly, Repentance is necessary for the smallest Sins, the consequents of which we have an accumulation of the greatest, Evils, as in Adam's Primitive Transgression. What vast Rivers spring from a little Head of Waters? Many Mites may amount to weighty Talents. Sinners modest and timerous at the first, soon wade beyond their intention, till they are swallowed up, in the Whirle-pool of presumptuous sinning. Here the difference was shewed betwixt Infirmities in obedience to God's Laws and presumptuous Sins. The former, proceed from Weakness in Grace, rather than the Wickedness of an obdurate Heart. They are Slips in the way of Piety, not wilfull designed departings from God. But an Hypocrite, Sins out of deliberation and Contrivance. Slightness in his Religious Duties, is usually joined with seriousness in sinning. Sixthly, If you would not pervert your Way or Course of Life, observe these Rules. First, Live up to the Sanctifying Power of those Divine Truths, which you know and are convinced of. Secondly, Keep a Diary or constant Register of their daily Slips and Infirmities. Do not slight them as Errors of Course, which could not be foreseen nor prevented. Thirdly, Take heed of Pleading the extenuation or lesning of any Sin, to show the pregnancy of carnal Wit. Or because it promotes any Worldly Interest; or is in fashion, by the degeneracy of the present Age. Such indulged Errors, will sonner commence into presumptuous Sins. Fourthly, Be cautious of all Appearances of Evil, and curious about the least circumstance of your Obedience. Mannage it with sincerity and wisdom in conjunction, that it may be aimable in the Eye or Account of God and Men. When you have done your utmost in your duty, take Shame for your defectiveness. Fifthly, Because all our Steps in a religious Course will be exposed to Mistakes, till the Heart be set right toward God, exercise a strict discipline over it, when then rest and most spiritual Frame long for the consummate State of Holness in Heaven. There will not be any possibility of declining or swerving from sacred Truth; nor your Obedience to it. Then the liberty of the Will, perfectly renewed, shall be absolutely determined to Love and Obey God, by the Eternal, Immutable, Perfected Notions of Righteousness, with the highest Transports of Delight. The Conclusion was thus directed to the Condemned. You have heard how David, the Man after God's own Heart, was Conscious of the multitude of his Errrors and Mistakes concerning the Mysteries of Faith and Divine Providence; yea, the very Slips of Humane Infirmity in a Course of Godliness. How sadly therefore ought you to fleet on your prodigious Excesses in Sinning. You have not, out of Modesty, been puny Transgressors of God's Laws, but have held fast Deceit and the Spoils of Unrighteousness. You have not been timerous of sinning in secret, though constantly under the Eye of God's Omniscient Observation: Yea, you have disposed all the Offers of Eternal Life by Christ, as if you envyed Him the Honour your Salvation. Lye prostrate at the foot of the Supreme, Universal Judge; Justify Him as Righteous, in all those Distresses, which you have brought upon yourselves. Repent of the Errors and smallest Indecencies of your Life; yea wash your Hearts from all secret Defilements, otherwise you will conceit vain false hopes of Eternal Blessedness. Remember that no Error nor Mistake in the Concernments of your Souls. Can be retreived nor rectified after Death. Yea the Hell of Hell, which breaks the Heart of a Sinner by despair, is to descend thither with ill-grounded presumptuous Hopes of an happy Eternity. Will you at last return to your fober Wits, in not resisting the directive and reflexive Acts of Conscience. Thus shall you have setled Peace and Serenity in your minds; so shall you be above the fond Love of natural Life: Being reconciled to God, in the sanctifyiny of your corrupt nature; your Death shall not be terrible nor reproachful, but become your Priviledge, by a friendly Admission of you into the Mansion of Celestial Blessedness. On Tuesday the Ordinary endeavoured to make the Condemned sensible of their several Crimes, and withal sollicited them to look back upon the whole Course of their Life, by indulging any secret Sin, to a considerable degree of Athisme; thereby strengthning vicious inclinations into a confirmed habit. He prest them also, to make their penitential Acknowledgments as publick, as their Scandals had been notorious; yet were they not awakened from their Security in an Evil State. Wednesday he renewed his Exhortations, and stated true and false Faith, in coming to God for Reconciliation by Christ; persuading them to a sdeedy Repentance, and thorough Conversion. Some shewed Beginnings of Sorrow, yet were advised, not to rely upon this as an Expictory Satisfaction to God, for all the Exorbitances of their Conversation: For Christ had placed this on his own Account, who died to redeem us; not only from, the Condemnation of God's Law, but also from the defiling Love, and reigning Power of Sin in the Heart. Then I prayed for them, that the Lord would make them truly and deeply contrite in Heart for every the least Sin, as an Offence against the Authority of his sacred Laws; and that they might not be more desiring of Pardoning-Mercy, than Sanctifying, Renewing-Grace: For this only can make them like to God here, and so fit them to enjoy him in the Beatifical Vision to Eternity. I proceed to give an Account of their Behaviour, when I advised them to be ingenuous and sincere in what they were willing to declare of the former Course of their Life, and what Preparation they had made for a Blessed Eternity. 1. Mary Bampford , Condemned for Felony and Burglary: Aged 50 Years: Born in Stepney-Parish : Her Employment was, to Wind Silk . She declared’ that she was sorry she could not pray with any degree of Fervency; because, she said, that this was contracted by her forsaking the Worship and Ordinances of God. Hence she acknowledged, that it was just in him to leave her to the Inclinations of her corrupt Nature; because she first withdrew her self from the Means of Grace, and the Opportunities of Salvation. She desired me to pray to God for her, that he would take away from her that Heart of Stone, and give her a penitent Heart; according to his Promise made to Returning Sinners. She also said. That if she might be spared, she hoped she should become a New Creature. II. Sarah Chandler : Condemned for Felony: She is aged 26 Years: Was born in Richmond : Her Employment was Embroidery . She said. That she had not long joined with bad Company, but now she endeavours to repent; and prays, that God would give her a New Heart and Life. III. and IV. Ambrose Holland , and Elkana Smewin : Both Condemned for Robbing (on the High-way) one John Smith , and others, in the Parish of South-Mims ; killing several Horses, lest they should be pursued, after they had taken from a Carrier 700 l. in Money, out of 1500 l. Ambrose Holland was formerly Condemned for Clipping the Currant Coin of this Nation; and being spared from the Execution of Death, gave Evidence against several Persons, who suffered Death for the same Crime: Yet he took not Warning by their Death, but grew the more secure. He kept not to the Worship of Chappel; yet, before his Discharge from Prison, made Vows, that he would never more break the established Laws of the Nation; but would follow an honest Employment. He now absented himself from good Exhortation; so also did Smewin: Neither would they give any Account of their former Conversation, nor discover any of their Accomplices in Robbing. They shewed little signs of Repentance. V. Philip Davis : Condemned for Felony and Burglary, in Breaking the House of John Reynolds , in Ironmonger-Lane , on a Sunday, in Sermon-time; taking from thence 150 l. in Money. Others were concerned in it, to the Number of Seven, not yet taken. Davis is aged 30 Years. He confessed he had been a great Sinner, yet would not declare wherein; nor what his Employment was, which he was bred up to: Yet, at last, he expressed much Sorrow for such Obstinacy. VI. Edward Sympson , alias Dempsey : Condemned for Felony, being burnt in the Hand before. He declined the Ordinary, though sent unto; saying, that he was a Romanist . VII. John Neale : Condemned for Robbing John Lacey , Esq ; in the King's High-way, of a Gold-Watch, value 18 l. a pair of Diamond-Pendants, value 40 l. and other rich things. He also would not join in the publick Worship of God; giving this as a Reason, because he was a Romanist . VIII. Robert Marshal : Condemned for Murthering William Curtys , in White-Chappel . He pretended now, as formerly, that he is blind, and Begged under that Disguise. But being denied Relief by Curtys, Marshal, with his Begging-staff, in both his Hands, struck him on the Head, and made a Fracture in his Skull, of which he died; and he immediately attempted to run away. He confessed on Tuesday, that though his Sight was not strong enough for Labour, yet he could see his Way, in Walking, so as to go safely. He was born in Jamaica , bred up a Sea-man . He was unwilling to give any Account of his Life, being very obstinate. IX. Richard Star : Condemned for Feloniously Takiing away of Goods of a considerable Value, from Abraham Walker , without Bishopsgate : Aged 19 Years: Born in Bartholomew-Lane , in London . He was bred up an Herald-Painter , with his Father; but did not serve him with that Fidelity which he ought: So joining with bad Company, he exposed himself to this fatal End. He had not that Care in making Preparation for a future blessed State, which ought to be in a dying Person. X. Daniel Jones : Condemned for Breaking the House of John Tewder , in Goodman's-Fields ; stealing thence Plate and Money, of a great Value. Having been an old Offender, he shewed little Sorrow for his sinful Course of Life. XI. Robert Wright : Condemned for a double Robbery on the High-way. He was very ignorant, and obstinate. XII. George Wood : Condemned for Robbing Mr. Wayte of Plate and Money, to a great Value, while the Family was at Church. He was, upon notice given that the House was rifling, surprixed, and caught with some of the Goods about him. He is aged 30 Years, was a Sea-man , but left that Employment. He would not give any Account of his ill Course of Life, but persisted in persuading others to do the like. XIII. Thomas Harding , alias Harday : Condemned for Stealing of Plate, and other Goods: Aged 16 Years: Born at Stayns . He said, that, joining with bad Company, he brake the Sabbath, and had been vicious; but now he prayeth, that God would be pleased to change his Heart. I visited all the Criminals every Day, especially such who did not refuse Exhortation and Prayers, till the time of their Execution: Two Days before which, they expressed more Sorrow for their Sins, than in all the time before. On Wednesday the 21st of December, 1692. These Eleven Persons were executed at Tyburn , viz. The Persons Executed at Tyburn , on Wednesday the 21th. Instant, are these whose Names follow, viz. Phillip Davis , James Greene , George Wood , Richard Star , John Neale , Robert Marshall alias Dyamond Robin the Blind Man, Daniel Jones , Thomas Harding alias Harday , Robert Wright , Edward Sympson alias Dempsey , and Mary Bamford alias Bansford . Who were drawn to the Place of Execution in Carts. They were fervently exhorted to Confess their Faults, the Effects of which had brought them to such disgrace: After which the Ordinary took great pains with them in Prayer, and other suitable Applications, to bring them to a sense of the near approaches of Death; to which they adher'd, and joined in the Prayers; and singing of a penitential Psalm in as fervent a manner as could be reasonably expected from Persons of so mean Education, as were the most of them. They lamented their dismal Fall, desiring all Spectators of such a Tragedy to be warn'd by them, &c. As to the Particulars of their Confessions. they did not much enlarge themselves; only the Blind Man was penitent, and desired all Persons to take warning by him; owning that he could see; hoping God would forgive him all his Offences, &c. James Green (a young Man) confessed that he did commit the Robbery in White-Friars , and brought the Goods into the Green-Dragon-Tavern in Fleet-street , where he was taken. Daniel Jones , whilst the others were exhorted, and the Ordinary in Prayer with them, on a sudden sunk down, and was strangled; some Fainting Fit (as is supposed) seizing upon him. He was not altogether so free in his owning the Fact, but was very much concerned about his Latter End. And being asked if one Ball was not active for him, in making his Escape from the Constable, when he was carried before my Lord Mayor; he solemnly protested, that the said Ball was no ways concerned in the matter, nor knew any thing of it: Which he declared, as he was a dying Man, &c. Then they had all a convenient Time given them, to pray for themselves, and so were all Turn'd off. This is all the Account I can give of this Sessions. Dated this 21th. of December, 1692. Samuel Smith , Ordinary . ADVERTISEMENT. WHereas there formerly have been, and still are, several False Accounts in Print, in relation to the Condemned Prisoners; and particularly, this very Session, that Robert Marshal , the Blind Beggar, was Executed two Days since; which is utterly false: The Ordinary thinks it necessary to acquaint the World, (to prevent the like for the future,) that no true Account can be given of the Condemned Prisoners Behaviour, Confessions, and Last Dying Speeches, which is not Attested under his own Hand. LONDON, Printed for L. Curtiss, at Sir Edmundbury-Godfrey's-Head, near Fleet Bridge, 1692.

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THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words Of the Five MALE FACTORS Who were executed at T,YBURN , On Monday the Second of OCTOBER, 1758. BEING THE Fifth EXECUTION in the MAYORALTY OF THE Right Honble Sir CHARLES ASGILL , Knt. LORD-MAYOR OF THE CITY of LONDON . INTRODUCTION And all, the People shall hear and fear and do no more presumptuously. DEUT. xvii. 13. EVERY civilized Nation has enacted penal Laws to restram Crimes, and protect Innocence and honest Industry: Of all the Laws framed for this Purpose, none are more wise and equitable than those enjoined to the Republic of the Israelites. One great Design of all which, is summ'd up in the Motto: To warn Men, against bold and presumptuous Crimes by seasonable and striking Examples of Punishment: And happy were it for the several Classes of People in this our Israel, if all who see or hear of these sad and shameful Examples of Punishment would so fear to offend God, or injure Man, as no more to transgress presumptuosly, and go on in a hardened Course of the prevailing Sins of the Times, which are the Reproach of human Nature, much more of a Christian Land; Such as, common and profane Cursing and Swearing, Drunkenness, Lewdness, the utter Neglect and more than brutal Comtempt of their Duty to their Creator and Preserver: Especially the Profanation of his Holy-Day, claimed and devoted by himself for promating his own Glory, and the Happiness of all Mankind; the Neglect of a due Celebration of which, is the Rood of all Irreligion and Iniquity, as long Experience has convinced every sober Man who regards the Peace, the Safety and Happiness of Society. Pity it is therefore, that the civil Masistrates, the Officers and Ministers of Justice, Decency and Order, in their several Districts both civil and ecclefistical, do no labour to lop these early Shoots and Excrescences of Impiety and Immorality in the But; by a diligent enforcing of the lesser penal Laws, in due Time: This, instead of an Instance of Severity, would appear an Act of great Mercy to the Young and Ignorant, the thoughtless and unwary Offenders, who by a timely Check, and a moderate Penalty, might be rescued from greater Evils, and restored to the Discipline of regular Morals, and a good Life. INTRODUCTION But now, instead of that, by an over-indulging Lentry, of rather Negligence in the executive Part of our Laws, they are suffered to run on to early, Ruin and quick Perdition, A most shocking Instance we have of the dangerous Corruption of routh in the Execution before us, when out of five that suffered, three of them didmake up twenty Years, each, one with another. And here the Occasion calls aloud on all Parents, and Masters of Families especially the labour ing Class, no less than those of higher Stations, to revive and keep up better Means of Instruction, in Order to promote true Religion and Virtue among their Children, Servants, and Dependants. How happily would this prevent the Grief, Shame, and Rum that ensues on the Loss of many useful and able Members of Society and save many Children and Servants from becoming a Reproach to their Families. THE ORDINARY OF NEWGATE'S ACCOUNT of the Behaviour, Confession, & Dying Words, Etc. By a Virtue of the King's commission of the peace, and Oyer and Terminer for the city of London, and at the general sessions of, goal delivery of Newgate , holden for the city of London , and county of Middlesex , at justice hall in the Old-Bailey , before the right honble Sir Charles Asgill , knt. lord mayor , Sir , Thomas Parker , knt . lord chief-baron of his majesty's court of Exchequer , Sir Eardley Wilmot , one of the justices of the court of King's bench , Sir William Moreton , knt. recorder , and others his majesty's justices of Oyer and Terminer, for the said city and county: on Friday the 13th, Saturday the 14th, Monday the 16th, and Tuesday the 17th of January; 1758, in the thirty-first year of his majesty's reign, Margaret Larney was capitally convicted forling one ownea; was then respited upon her being found pregnant, but when delivered, and the report last reade, was ordered for execution. And by virtue of the King's commission of the peace and Oyer and Terminer for the city of London, and at the general sessions of goal delivery of Newgate , holden for the city of London and county of Middlesex , at justice-hall in the Old-Bailey , before the right honourable Sir Charles Asgill knt. lord-mayor , Sir Thomas Parker , knt. lord chief-baron of his majesty's court of Exchequer , the honourable Mr. Justice Bathurst, and the honourable Mr. justice Wilmot, Sir William Moreton , knt. recorder and other of his majesty's justices of Oyer and Terminer for the city and county, on Wednesday the 28th, and Thursday the29th of June 1758. in the thirty-first year of his majesty's reign. John Carrier was capitally convicted for forgery. And, By virtue of the King's commission of the peace and Oyer and Terminer for the city of London , and at the general sessions of goal-delivery of Newgate , holden for the city of London , and county of Middlesex , at justicehall in the Old-Bailey , before the right honourable Sir Charles Asgill , lord mayor the right honourable Sir John Willes , lord chief justice of the court of Common Pleas , and Sir Richard Adams , knt . one of the barons of the Exchequer , Sir William Moreton , recorder , and others of his majesty's justices of Oyer and Terminer for the said city and county, on Wednesday the 13th, Thursday, the 14th, Friday the 15th, and Saturday the 16th of September1758, in the thirty-second year of his majesty's reign, Richard Pensum , Mary Bulger ; John Downs , Thomas Head , and John Haskins , received sentence of death, for the several crimes in their indictments laid. And, On Tuesday the 26September, the report of eight malefactors was made to his majesty, when the five following were ordered for Execution on Monday the 2October, viz. Margaret Larney , John Carrier , Richard Pensum , John Downs , and Thomas Head . And three respited, viz. Mary Rulger and John Haskins for street robberies, and Elizabeth Tomkinson for a felony. 1. Margaret Wife of Terence Larney was indected, for that the feloniously and traitorously with certain files and other instruments, one piece or good and lawful money of the current coin of this kingdon, called a guinea, did unlawfully file and diminish against the form of the statute in that case made and provided, the 16th December 1757 This poor unhappy prisoner having been convicted so long since as January last, and respited on account of her pregnancy, doubtless, began to say within herself, Surely the bitterness of death is past, especially as she hart gone through the pain and peril of child birth aggravated with all the miseries of Newgate and a cell, she began to hope that these dangers and sufferings would have entitled her to a longer respite and exchanged her sentence for transportation, but in vain she now found the sting of transgressing this law, too certain to be avoided; a law so important and necessary to the preservation of the current coin of the nation entire and undiminished, on which the public credit, commerce, national justice, and the facility of dealing do greatly depend.She now sound to her inexpressible grief, that private compassion, however Strong must give way to public justice and the common She was born in the county of Wickin Ireland , and now going on the 34th of her age; was married 19 years last August, lived in Dublin , where she kept a public house , and had been nurse in several gentle. men's families. Having met with losses, she came to London about six years ago to some friends. The principal evidence against her, viz. Alice Boyce , now Diamond , has been known to her from Child. Larney has all along denied any share in the guilt they charged her with; but afferts, that Alice Boyce , with a brother and sister of her's have followed it 14 years here, and would have persuaded her to join them so far as to pass light guineas for them, which, she says, she utterly refused.She has left four or five children, the eldest about fourteen years of age. She was asked how she lived since she came to London ? She answered, by washing and plain-work ; and that her husband could earn 15 s. a week by making straw hats . and other hats for women. After the death-warrant came, when she was examined concerning the justice of her sentence, she said, "It was welcome by the grace of God;" but asserted, that the witnesses Diamond, Etc. never saw any thing of her guilt; however, she pray'd for all that gave evidence against her, and professed to forgive them.But in farther asserting her innocence, and in the warmth of he defence, she prayed, that the guilty part of the evidence might, by divine justice be brought to the like punishment, which they had brought on her: but on reminding her of her first good prayers for them, she retracted this, and submitted with resignation, expressing strong hopes of a happy change. Being asked how she came to tell two different stories about the files found upon her, viz. 1st. That her little boy found them in the cellar the day before; she asserted, that was not meant of the files; but of a stick found in her closet by one of the officers who seized her; who said of it, This club used to go on the highway. To which she answered, Well were it for you Bob Sis, if you were as honest as the man who carries that stick; meaning her husband. When questioned again, why she did not make the same defence before justice Fielding, that the files were conveyed into her house by Alice Diamond , as she had made in court? She answered, that Alice Diamond had hindered her, by pucking her by the coat, and that she was loath to betray her, as she had been before charged and taken up for filing of guineas; and she thought she must suffer, if detected again. Then, you were more tender of her than your own life? To this she answered, I was fool enough then to be so. And she also said, that they gave her hopes that nothing could be proved against her in court, tho' the were committed by the justices and that it was but lying in prison a few weeks, and then she must be quitted and set as liberty. Thus she says, they flattered, and flung her out of her defence. It was further urged to her, you persstoin affirming that Alice Diamond brought those files, to your room unknown to youWere there no circumstance to prove, that you made an ill use of those files, Were there no light guineas, or goldust found upon you when apprehended She answered, No such things;money but a few halfpence Had you heused a these files in filing of guineas a Instead of a direct negative she said, no one could say such a thing, her is there any such thing proved in the trial or so be seen in the Sessions paper. Though she was brought up in the church of Rome the frequently attended divine service with us and when reproached for it by some foolprisoners, she declared, "No man should hinder her from hearing the word of God." But she held this good purpose no longer than till the next visit from a priest of that persuation, whose undue (not to say) tyrannic influence over their people, depends on their ignorance of the sacred scriptures, and whose authority in this nation they know will never prevail but in proportion as they can by every are seduce unwary people from the knowledge, veneration and love of the scriptures, and those ministers who teach themand sidelity profaneness and fects without numbers make way for popery. These thoughts are published free as they arise on this occasion not quire unprovoking on seeing this and another poor convict who had made the like honest profession and practised accordingly, remanded back from the light and liberty of truth into the chains of error and darkness, for they dared no more appear at our chapel, where the word of God is daily read and explain'd to them, before which the dangerougs delusions of popery cannot long maintain their ground. I Know it has been often said that Popery is the finest religion in the world to be hanged with" but. I could never see the truth or reason of this unweigh'd opinion. If to go out of the world without making any true acknowledgment or satisfaction to the offended public of private party, if to die with alie in their month, and this relying on the false peace of an absolution obtained by an auricular a confession to a priest, instead of trusting to the only comfortable absolution by divine authority promised on the sure terms of true repentance and faith unfeigned, if this be the comfort they give to dying sinners in will never he envied them by any intelligent christian. Nor can the idolatrous worship paid to the host in their sacrifice of the mass, nor their prayers offered up to faints and angels. their new mediators, afford them any true consolation in compa- rison of that pure and sol'd joy arising from partaking of the holy communion in the only true scriptural sense and manner of its institution by its divine author; in virtue of whose powerful name and intercession alone our prayers are offered up to God only, without the least ta:nt or peril of idolatry. In truth, on the comparison their case is greatly to be pitied and lamented, who, by thus trusting in lying vanities, forsake their own mercy. 2. John Carrier was indicted, for that he had in his custody a certain bill of Exchange, with his own name subscribed thereto, drawn upon William Margessm and John Collison of for the payment of 180 l. to which said bill of exchange he forged an acceptance, and for publishing the same with intent to defraud William Cooper , Sept. 28. He was in the 60th year of his age, well known in this city of have been a man of large dealings in different branches of the woollen manufactory, both here and several parts of the country; was born of reputable parents in the woollen trade at Froome , in Somerset Shire , where he served his apprenticeship to a broadcloth weaver , and being out of his time about nineteen, his father gave him a loom, by which he soon earned 50 l. for himself, and then followed business in the same branch and place about seven years; when by losses in trade, giving credit, and the failure of his debtors, he became a bankrupt. He says, in particular, that he lost 170 l. by Moses Moravia a Jew , (since consined in Newgate , for being concerned in the wilful loss of an insured ship) and other considerable sums by some Blackwell-ball factors who failed. On this occasion he was within the rules of the Fleet prison (where he surrendered himself to discharge his bail) about a year and half, during which time he was partly supported by doing business by commission for some correspondents in the country. But, to add to the trouble of his losses and confinement, his wife was given to drinking and keeping such company as he did not approve of, so that they did not live very happily, or even peaceably together; and one morning she took the opportunity of his going to Shoreditch to buy wooll, and eloped with another man, leaving him neither linnen nor other goods that she could carry off, except two small children to maintain, without any thing for their subsistence; so that, he says, he was obliged to pledge his hat for money to buy them some food, and himself to fast three days, till going among some acquaintance they compassionately refreshed and relieved him with some kind and seasonable supplies. Among these benefactors, he was proud to mention a right worshipful magistrate of this city, who gave him a guinea and half, and encouraged him to call for more in time of need. After this, with some money lent him, and the help of credit, he set up business in Suffolk street , Southwark , where he lived and dealt considerable for several years, only with an interval of one year he lived in Old-Street. In this time he dealt for 1200 l. a year with one house, 1600 l. a year with another, Etc. so that his trade was really considerable. About March 10. 1755, he had the misfortune of fire breaking out in one of his workshops, to which se- veral other houses (9 or 10) of his work-people being contiguous, two were consumed, and some others da- maged; the loss amounting to about 1700 l. in goods and buildings, of which 1000 l. or 1100 l. only was ensured. This fire, he says was ac- casioned by the charcoal used in the wooll combing business, and that he himself was in the house when it be- gan, though not in the very room. It has been suggested by a person who knew him at that time, that sus- picions were entertained of an evil design in burning these houses to de- fraud the ensurers; but if it be true that he lost 700 l. more than he had ensured, this suspicion must be ill- grounded, or such wicked purpose very ill execured. What he says himself concerning the crime for which he suffered, as well as concerning the unhappy accident of the fire, is as follows, viz. That the stock that he had to begin his business with, was but very small, but had many very good customers, who, as soon as he sent them goods, gave him their not's for a particular time; he took these notes, and had them discounted, that money-enabled them to go to market, and buy his goods at reasonable rates, and so filled his warehouses with all sorts that his customers wanted, and being an industrious man, and punctual to the orders given him, as well as serving them with good commondities, they had a good opinion of him, Mr. Cr especially lent him 300 l. about three years ago; some of which he paid, but some hotes which he had discounted, proved bad, by the persons who gave them failing, that he was obliged to make good the payments himself; and at the same time this dreadful accident of the fire happening, that he lost his house, warehouses, goods, apparel, books of accounts, Etc. was of the worst consequence to him, being himself incapable of judging how much his loss was, he was obliged to leave it to the computation of the most knowing people that worked for him, and about sixteen or eighteen of those people valued them to about 1600 l. but he thinks he could be certain they were worth above 2000 l. He then had a great many notes coming sandue for him to pay, and one in particular to Mr. Cr, of 400 l. and as his all was gone, he could not tell what to do but consulted his friends and creditors, who advised him so get together what was left from the fire, and begin his trade again, which he accordingly did, and which amounted to about 400 l. for which he gave proper security to the directors of the Fire. Office to their satisfaction, and so got to one of his old houses again. Mr. Cr had a bond and Jugment for the 300 l. first lent him, and now in his distress lent him 26 l. at one time, and 15 l. at another which enabled him to begin to rebuild his house and warehouses, Etc. But Mr. Cr coming to view them one day, he seemed not to like the building, and told him that he must lodge somewhat in his hands for security of his money; for his wife was uneasy at his (Carrier) owing him so much, but promised not to molest him, and would be glad of having bills, or some such things in his hands. He (Carrier) dealt largely with Messieurs Mgn and Co. and used to draw bills upon them, so gave him this bill on them for 180 l. when it was presented for acceptance, they lent a servant to him, that unless he would sent them more goods, or some other security, they would accept no more bills, which he promised to do, and on that account went to Mr. Hll, another customer, who promised to lend him 300 l. on a mortgage upon his house, and lent him 50 l. then, and set a day when he would lend him the rest, the time drawing near when the bill of 180 l. coming due, he went to his friend Mr. Hll to settle accounts with him, and to have the 300 l. as promised: he settled the account with him, and took the 50 l. but said he was disappointed of money, so could not lend him the 300 l. That shocked him much,-and could not tell what to do, but was advised to go to Messieurs Man and Co. and assign over his stock to them for their security, that all the bills he should draw on them should be paid, and when so paid, that he should have possession of his stock and trade again: the assignment was made and executed, and accepted of on that account; but they putting unfkilful people in possession, prejudiced the trade very much; and after they had been there in possession two months and upwards, they took out a statute of bankruptcy against him, and what they did in the affair, he never was as much as informed of, 'till the other day he saw some of his goods in a catalogue, to be disposed of by Mr. Spencer, at his late dwelling premises in Sussolk-street in the Mint, near St. George's-Fields, Southwark, on Wednesday and Thursday the 3d and 4th of August, 1757. This is all he says, and leaves the reader to judge his usage, and signs his name to it. John Carrier . On another occasion, being repeatedly pressed with motives and reasons to awaken him to true sense of his guilt, he persisted to declare himself innocent of all design ever to wrong any man of the value of 6d. and particularly in passing that draught, with a forged acceptance, for which he is to die; alledging, that it was only given as a security till the mortgage of his house should be made over to Mr. Cooper. But, in order to come at the true state of the case, this assertion was mentioned to a less prejudiced person, who candidly represented the whole state of the transaction between Carrier, himself, and others, in so fair a light, that it was impossible not to see the guilt of many complicated fraudulent designs in the course of his dealings; particularly, it appears, that there are three other draughts for different sums, and with the same kind of acceptance passed by Carrier to other hands, for which he had some cash, and they lost the benefit of such draughts on account of the acceptance being forged; and had he not been convicted for the first, he was to be indicted for the others: and the following is a true account of those draughts, viz. First, That for the 180 l. drawn on Messieurs Wiliam Margessan and John Collison , and presented to Mr. William Cooper , by means of which he not only obtained the whole sum, but the renewal of some notes of hand, which Mr. Chad lent him in the year 1755, on a bond and judgment; and for which false draught he was condemned. Secondly, a draught drawn on ditto, (Messieurs Margesson and Collison) for 95 l. presented to Mr. Edward Cole , by which he obtained 40 l. 10 s. on the credit of that draught. Thirdly, A draught drawn on ditto for 100 l. presented to Messieurs Atkinson and Abbiss in Cornhill , and obtained 60 l. on the credit of that draught. Fourthly, A, draught drawn on ditto, value not known, but presented to Mr. Edward Brooks , and obtained of him 35 l. on the credit of that draught. That he had made Mr. Cooper believe he had made over his house, Etc. to him as a security for 300 l. advanced him; but never did make it over, but afterwards put Messrs. Margesson and Collison in possession of all his effects, under pretence of securities to indemnify them for these draughts; which, however, they never paid, because a commission of bankruptcy took place: and that, when declared a bankrupt, he did not surrender, but instead of that, was secreted at Writtle , near Chelmsford in Essex , where he was set up, and carried on his trade under the seigned name of Bennet. He was born of religious parents in the dissenting way, who lived in credit and good repute, his father, in his old age, abode with him a year and a half, till disliking some of his proceedings. particularly his not observing the Lord's-day in a strict and religious manner, he quit him, and would stay no longer. This Carrier freely confessed, and on several occasions expressed great sorrow for this and all his other sins, during this his last confinement; and since his conviction he lost no opportunity of performing his duty in the chapel, declared himself intirely satisfied, and conformable to our church and died in the communion of it. He inted in the truth of the cafe as before related, and added that had he been sent to the compter tor the 180 l. as a debt, and Margesson and Collison been sued for it, they might have recovered their money, and saved his life. He declated as to his wife, she used him ill, by spending his money idly, and leaving him in trouble, as before mentioned: that he never was either inclined or able to treat her ill, she being strong enough to withstand him. In vindication of Carrier, he is said to have made over his Stock to Margesson and Collison to the value of 1500 l. on condition that they should pay all his bills, with their Acceptance by him forged; and out of the residue being restored to him he was to offer 5s. in the pound to his creditors; which if they would not accept of, he would make himself a Bencher in the King's-bench prison as he had been before. But instead of performing these conditions, 'tis believed the stock was garbled, being detained for 2 months, till recover'd on a statute of bankruptcy, and none of the above-mention'd bills being paid, he was at last found out, apprehended, prosecuted, and cast for his life. 3. John Downs , was indicted, for that he, on the 12th of August last, about the hour of three in the night, the dwelling house of Margaret Taylor , widow , did burglariously break and enter, and one pair of silver shoe buckles, value 10s. three silver tea-spoons, value 3s. one small knife value 1d. one gold ring value 6s. one five guinea piece, one three pound twelve, eighteen thirty-six shilling pieces, ten moidores, fifty guineas. and forty shillings in money, the money of the said Margaret, in her dwelling-house, did steal, take, and carry away. It was laid over again, that he being in the house in the day-time, did burglariously break out of the said dwelling-house in the nighttime. John Downs , about seventeen years of age, born in the parish of St. An' drew's Holbourn , of mean parentage, his father being a porter plying about Holbourn-Bridge , and his mother a chare-woman; they got this son into the charity-school of the same parish (St. Andrew's Holbourn) where he was educated in good principles, and in such useful learning as is there given, and then put out to service. (Happy had it been for him, had he made a better use of his good education!) He lived as a waiter with Mrs. Taylor in St. Mary Axe (the prosecutrix) about a year: after which, in hopes of rising to the rank of a footman in livery, he left her, and lived with Mr. Mariyn, surgeon and apothecary in Shadwell , where he continued till about ten weeks ago, when he quitted him also, for what cause does not appear, Being out of service, and short of money, he con- trived this robbery of his former mistress, which was carried into execution in the manner described in the trial. After the most carnest exllortation to be true in his repentance and acknowledgments, and laying before him the forfeiture of his salvation, if false and insincere, he declared that he never and taken more than 70 l. from Mrs. Taylor in this robbery: that he never saw the five guinea piece which she said she had lost. he often declared he was sensible it could not hurt him more, but rather do him good if he owned to a thousand pounds were he guilty of it; but he really had got no more Being asked what he intended to do if the had awaked while he was in the room robbing of heor He declared, as a dying man, that he never meant to hurt her person, but to run away and escape out of the house as he came in. Being also asked, whether he had not unbolted the cellar door on the Saturday night before the robbery, when coming into the house, he called for a penny worth of beer, and made a pretence to go down to the cellar, as mentioned on the trial; he owned he did then unbolt the cellar door in order to get in next morning, as he actually did, Being further asked, whether he had left it open when he came in at midnight, in order to escape the more readily, if the house should be alarmed? He answered, No, he had shut it. It may be supposed for fear of the watch coming upon him. He was also further asked whether the young girl he courted had any part of the money be robbed from Mrs. Taylor. For he had lodged as the girl's father home the a chairmaker in CarolinaSaffron about six months, who used to charge his daughter not to keep company with that idle fellow, as he had no visible way of getting an honest livehhood But, on his declaring, as the asterts, that he had got this money by the death of an uncle at Greenwich, she consented to marry him, but providentially for her, they could not get a License. However, she went with him to buy cloaths and houshold furniture; and it appears by his own account, and other circumstances, that he intended with this money, first to inveigle his beloved girl to marry him, then to furnish a house, and to keep a chandler's shop. He denied that she had any of the money but a few shillings. Being asked some questions concerning his behaviour whilst he lived with Mr. Mariyn at Shadwell . He did not deny but that he opened his master's bureau, as the key, was left in the lock; but that he took nothing out of it, being seen and called to be the shopman, nor was any thing missed or pretended to be lost, nor was he discharged from that service till half a year after that happened. He declared as a dying man, that he never attempted to attack or break into his said master's house afterwards, nor knows any thing of such an attempt. 4. Thomas Head , was indicted for stealing six Portugal pieces, one moidore, two quarters of a moidore, twenty-one guineas, four half guineas, and 13s. and 6d. in money number'd the money of John and George Russel , in the dwelling house of the said John. Thomas Head , being eighteen years of age the 15th of August last, was born at a place called Harbridge in Hampshire , about fifty miles from Port smouth , his father was a labourer in the dock at Port smouth , assisting a cousin of his a Plummer there, and used sometimes to come and visit his wise, or supply her with remittance of money, at last took the small-pox and died of it there, when the prisoner was but a child. This lad was compell'd by necessity to go to service at Harbridge for seven years; then went to Lymington and there lived about four years with some farmers in that neighbourhood. About half a year since came to London with two other young lads; during the hay-making season he got to work for Mr. Barnes of Holloway , and from thence came to work as a labourer with Messicurs Russell soap-boilers at Cow-Cross , about three weeks before this fact was committed. Being asked what tempted him to this robbery? he could not say what moved him to rob his master unless the tempting opportunity of seeing the doors open, and none to hinder him. But it is suspected and believed by his master that he himself left the back gate open, and so got into the counting house, where the money lay in a desk this he pierced with a knife he carried, being remarkably large, but finding it not so easy to cut thro' as to force it open, he forc'd the forews of the lock. Sometime before this robbery, his master found the same gate left open at an unseasonable hour of the night, but by shuting it disappointed the supposed design of robbery for that time. He continued to frequent the chapel, and to behave himself decently there, 'till Tuesday the 26September he was ill in his cell and uncapable to come up. Wednesday the 27th the death warrant being come, and finding himself to be one of them ordered for execution, he made a hard shift to come to the chapel, tho' scarce able to get up stairs, or to hold up his head. On this awakening call to death, they were instructed and prayed with an hour and half in the morning, and an hour in the afternoon, as they had also been the day before, and continued so to be, the few remaining days of their lives. The 28th and 29th he with great difficulty got up to prayers, but on the 30th was quite unable to get out of his cell, where, at his request, I visited him, labouring under a burning sever and a violent cough; in which we had all along given him such relief and assistance, as his circumstance would admit. He now desired to be prayed with in which he joined to the best of his capacity and being furtherioned, he expressed his define toceive the holy communion at three of his fellow convicts, with others, had done this day. On this occasion being examined about his prepared on, and the sincerity of his repentence; he said, he had prayed ever since he has committed for he sexpected nothing but to be hanged. 5. Richard Pensum , otherwise Spencer , and Mary Bulger , spinster , were indicted, for that they in a certain alley near the king's highway, on Edward Hart , did make an assault, putting him in corporal fear and danger of his life, and taking from his person one silver watch, value 50s. one linnen handkerchief, value 6d. and 3s. in money numbered. Richard-Pensum , above the age of twenty-one years, a tall, likely, wellmade young fellow, and by his aspect and appearance seemed to promise a better fate. He was born in the borders of Islington next Clerkenwell , his father was a working butcher, and put him to school to learn to read and write, then bound him to Mr. Lovel, a cooper, on Snowhill , and gave fifteen guineas (as he said) for his ' prentice fee. His master dying, he quitted that business, which he had never well taken to, and fell into idle company, and among others some solders, who one night took an opportunity to inlift him into the first regiment of footguards , when he was between seventeen and eighteen years of age, so than he had served there in three years. He declared when he was first asked about the crime be stood convicted ofthat he Knewof it than the biggestthat is it. How then came you to be cast? He said, that going along that ho place, Chick-lans, one night, he passed tha mob of such for of peplo as frequent there. and with some of the rough language of the place, bid them stand our of the way. This Mary Bulger happened to be with him, and was detained sometime in the croud before she could pass. He declared. that he knew nothing of any robbery then committed but next day as he past along, he was taken up and charged with a robbery of a watch and some pence. Being questioned on other occasions, he gave a more particular account of the fact, and of his life. As to the fact. he said he was drinking at the Chequer , in Chick lane when a woman (one Sarah Young ) who was with Mary Bulger , ran in to him, and said, "Here is one beating Pall, or using her ill" He ran out into ThatAlley, where he found them quarrelling, and coming up to the man with some profane oaths and curfes, which said he I would not repeat, now for the world, he believes he struck him a blow with his fist, and would have rescued her. but she refused his help, and asked what he had to do there? He said, "Since you are so upstare, I'll leave you to him." Being in Liquor he declares he did not know how the scuffle end- ed and knew nothing of the robbe- Ashe said when his master died in the time of his servitude, his mistress gave up the cooper's business to her son, and she sold beer at the Red-Cow in CowLane where he for some time was waiter and drew beer, and also tried a few weeks with her son, at the coopering; but not liking either of these, and having a bad fore leg, occasioned by some unluckly accidents which befer it, such as a cut of an adze, and then a wheel of a cant running over it, he had his indentures given up to him. He quitted that business and returned to his mother, where he used to work now and then, partly with his step father at gardening, and partly at any jobs he could get to do, such as driving of cattle about Smithfield, Etc. which he followed an times after he had inlifted into the guards, as before mentioned. Being asked, if he did then belong to the guards when he was approhended for the fact? he said he did, till convicted; but declares he never was concerned in any robbery or theft, nor would he own himself the person who committed thishowever he would not then take upon him to assert his innocence entirely in this affair, but acknowledged that by keeping ill company, he made those his enemies which would otherwise have been his friends. He had the good report of the prisoners, that since his conviction he spent his time in devout exercises, as reading, prayer and singing of Psalms when in his cell, which I can testify to be true. His behaviour in the chapel was attentive and servent, reading the Psalms in course as well as he could, and looking over the lessons also, in a Bible which was lent him, making the responses and joining in the prayers with seriousness. But, poor creature! he had the strong vanity upon him, too common to persons in his unhappy circumstances of concealing those false steps which led him gradually to this fatal period, although the duty of taking shame and guilt to themselves for the warning of others, and the satisfaction of the public is laid before them in the strongest light; for on declaring to some of his fellow soldiers and acquaintance, that he should dye innocent, some farther enquiry was made about his former behaviour, Etc. and it appeared that within this year he had been taken and punished for desertion, which was assigned as the reason why none of his officers or fellow soldiers appeared to his character at his tryal. He acknowledged he had kept company with Mary Bulger about a year past, and believed the child of which she is pregnant, to be his. The Morning of EXECUTION, Monday 2October, THOMAS HEAD continuing ill of a fever, was helped up to the chapel, joined in prayers and received the holy communion with three other convicts. John Downs being again earnestly warned with ill possible persuasive to be true and full in his acknowledgments and confession, said, he never had more than 70 l. nor knows any thing of the rest of the sum laid to his charge, that the girl whom he courted never had any part of it unless two or three shillings. That some brokers who supplied him with money to support him in prison, would have had him make over the house hold goods to them which he had bought with Mrs. Taylor's cash, but it could not be done; that he never was concerned in any other fact of this kind, nor had he any accomplice. Richard Pensum declared though he was in the company that was charged with the robbery, he knew nothing of any robbery committed, and that he never was concerned in any such fact. Being reminded that he was the in liquor and might nor remember what passed, he said, he was not so much in liquor as not to know what he did, nor yet. quite sober, but desires to warn all people against tipling drunkenness and loose idle company, which was the sre he fell into. John Carrier said, that after the assignment of his goods to Margesson and Collison he knew nothing of any composition proposed to pay 5s. in the pound, nor heard of itin prison. These four joined in prayers in the chapel very rervently, and received the holy facrament, it is hoped to their comfort and lasting benefit, for they appeared chearful and resigned, In their way to the place of execution they were employed in proper acts of devotion, such as reading, praying, and singing of Psalms. Margaret Larney , being again exhorted to acknowledge the justice of her sentence before she was taken out to execution, again protested as a dying woman, that Diamond never saw any thing of guilt by her to the value of a pid, in the matter he swore against her. They approached the place of execusion, singing of Psalms, in which exercise they continued some time, till they were called upon to offer up their last prayers, in which they all heartily united for about half an hour, desiring particularly the 130th and 139th Psalms to be read to them, and then they sung the 142d Psalm to gether, Richard Pensum raising and guiding the tune with great spirit and composure; and here also he declared repeatedly to the people about him, that he knew nothing of the robbery he was to die for, but suffered for taking the part of a lewd woman in a quarrel she fell into in the street, A loud warning this to avoid the company and snares of lewd strumpets and street-walkers. He warned all thectators against drunkenness and ill company, while Carrier, Downs and Head bid them beware of coveting what is not their own, for this was the beginning of their ruin. In the mean time Downs, by the violence of his fever and the cough gotten by lying bare and uncovered in the cell, seemed little bitter than a dying man, abstracted from his impending fate. Thus after each of them had expressed their satisfaction and thankfulness for all the care and pains laid out on them, and especially for these last good offices, and being again earnestly recommended to the mercy and protection of Almighty God, they resigned themselves to their punishment, calling with their last breath on the Lord Jesus to receive their Spirits. This all the Account given by me, STEPHEN ROE , Ordinary of Newgate .

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A True ACCOUNT of the BEHAVIOUR, CONFESSION, AND Last Dying SPEECHES Of the Criminals that were Executed at TYBURN, On Wednesday the 20th of December, 1693. THE Ordinary preacht to the condemned Criminals in the forenoon on the Lords day: The Text was from the 23d Ch. of St. Luke, the 42d and 43d v. Lord remember me when thou comest into thy Kingdom. These words are the summary of the Christian Faith, declared by the late convered Thief, under the Abasement of Christs Crucifixion. Tho he suffered with him as a notorious Malefactor, yet being baptized in the laver of Christs blood, applied to him by the Spirit of Regeneration, he died as a Martyr for Christs cause, in asserting his Godhead against all the reviling of his Enemies. Let no man expect the like wonderful change of corrupt nature. For this single example of late Repentance, and the thorough Conversion to God in Christ, was and will be without any such future miraculous unparallelled president: This Converts Faith equaliz'd in some degree that of Abraham; for God made an express Covenant of grace with him, and showed him many present favours to encourage his Faith: But this Thief believed, before Christ spake friendly to him. Moses Faith was confirmed by a succession of miracles; God appeared to him in the flaming Bush, not consumed: But this Convert saw Christ crowned with Thorns, the Livery of the Earths curse, for the sin of man. Peter believed, seeing Christ walking on the Sea, as on a firm Pavement; but now Christs hands and feet were nailed to the Cross, as tormented in all the Nerves of his sacred Body, yet this Thief stedfastly confest Christ to be the King of Eternal Glory, tho he were erected higher on the Cross, as a worse reputed Criminal than either of the Thieves. He renounced all the spoils of his robbing Trade as dross and dung, that he might win an interest in Christs favour, counting now, the very fear of God to be his chiefest treasure. How remarkable was his humility and self-denial? he did not desire that he might sit at Christs right hand in heavenly glory, as a peculiar favourite, only he prayed, Lord remember me, shew me the least glimpse of thy favour admit me to be only a Door-keeper in thy celestial Temple, and this shall abundantly satisfy me. It is the sum of all happiness to be the meanest Pensioner of Christs kingly bounty and beneficence. Herein he acknowledged that Christ was the sole purchaser, and absolute disposer of heavenly glory; as if he had thus said, O my Lord I am ashamed and deeply grieve, that I no sooner knew thee, that I might longer have honored and served thee, than possibly now I can, in the extreamest part of my life; thus I seal the sincerity of my heart in owning thee for my Lord and my God, with the chearful shedding of my Hearts blood. Observe Christ waited to be gracious, and therefore immediately accepted this late Converts sincere, yet fervent and modest petition. Observe how Christ replied, as under the form of an Oath, Verily, verily, I say to thee, this day shalt thou be with me in Paradise Late Converts, if they have been notorious sinners, need extraordinary divine assurances of their future blessedness; five reasons were given of this. Let us therefore not delay our repentance and conversion to God; let us greive that we have so long stood out against all the sollicitations of Christs Spirit, to get our hearts renewed and our lifes reformed; so shall we behold the beatifying vision and fruition of the God of glory, in the celestial Paradise; herein all the mysteries of Salvation are made known perfectly, without the least with holding of assent unto them; here God in Christ is all in all, for the perfecting of the Saints felicity. To be with Christ in Paradise is the highest happiness of heaven, Christs continued presence garrisons the celestial Paradise, that Satan, the subtile Tempter, cannot possibly inject into our minds the least diverting thought from our fixt contemplation and rapturous admiration of Gods infinite excellencies, would we enjoy this immediate blessedness after death: Let us then be awakened from our security in sinning. This Convert had very serious and deep reflexive acts of Conscience, which reduced him from his distracted state in sinning to the soberness of a sound mind. He was not converted altogether in an hurry of confused dolorous passions and exclamations against himself, for bringing this shameful death upon himself. It was not the rending of the Rocks, nor the Thunder striking of the dead out of their Graves, which wrought this strange conversion; it was rather his being baptized with the sprinkling of Christs blood on his soul, which sanctifyed the extremity of his sufferings to the healing of his corrupt nature: His heart was changed and mollified, by hearing Christs prayer for his most malicious enemies. Thus Christ showed the miraculous effects of his death in saving this sinner, tho himself was reputed the Chief of Criminals, and was cast out, as the Pest and Execration of the Nation. The Conclusion was thus directed to the Condemned. And now, that I ay more immediately apply my self, to you who are under a sentence of death; let not this single instance of a late effectual repentance, cause you so to presume on Gods mercy, as to imagine true conversion, in your last hours, an easie and slight performance. No, 'tis certainly a very difficult and laborious work (however possible and performable) for habits of grace and virtue are not ordinarily introduced into the Soul, but by a frequent repetition of holy actions, like as vicious habits were contracted by a reiterated usage of sinful practices, and how hazardous a thing it is, to expect extraordinary means of grace and conversion, after having forfeited the ordinary auxiliaries of Gods Spirit, by a customary disobedience. The Convert Thief did not trifle with Gods goodness and forbearance (as many men do) but readily answered the first call of the divine Spirit inviting him to repentance. He probably never before heard of Christ never saw any of his miraculous performances, never knew any thing of his doctrine, and consequently had not receiv'd any, till now, external motive to become his follower, and accept of the Gospel terms of Pardon and Salvation. 'Tis likely also that Christ in wisdom deferr'd this extraordinary proof of his Almighty Power, till the last act of his life, thereby to evidence more fully his Divine Nature, and that he is the All-sufficient Redeemer of the world, now when he seem'd by his ignominious sort of suffering the vilest of Malefactors. Beg therefore of God to quicken your resolutions of turning unto him immediately, and of supplying your late repentance by the more powerful workings of his Holy Spirit upon your hearts. Divine wrath is let out to the utmost after death, then obstinate Sinners shall for ever be deprived of all the seasons of grace, or any possibility of future happiness; Then shall they be utterly unable to amend any defect in the work of their Conversion. There is a limited Season of Grace, as well as of a mans natural life in this world. Be imployed therefore in the fulfilling of your heavenly Fathers Will, with all diligence and chearfulness, that Christ may say to each of you at the time of your dissolution, well done good and faithful Servant, enter with joy into my everlasting Kingdom. I proceed to give you an Account of the Behaviour and Confessions of the Condemned Criminals. I. Richard Kensey , Gentleman, Condemned for the murther of one Henry Hutton , in the Parish of St. Brides within the liberty of London . He was born of Parents of good Reputation, aged 27 years; He came over with King William into England, hath served him; 5 years in Flanders ; He was in the Expedition of Ships sent to reduce Corke and Kingsale, now is under Brigadeer Churchill; he came from Flanders as a Lieutenant to raise Recruits here, but a week before this unhappy accident; he said that he did heartily repent that he was prone to be in drink, and actually to, when he joyned with the two Breams condemned for the same Murther. That he will take care hereafter to serve God and the King faithfully, to avoid evil Company, and to be more strict and watchful in his course of Life, if he may obtain sparing mercy. II. Arnold Breams , Condemned for the foresaid Murther, was born of Parents of good Quality and Reputation, who are now dead; yet it grieves him that he hath not ordered the course of his life according to that Religious Education which was be stowed on him. I told him that I was informed that he had travelled into Flanders , out of curiosity of acquainting himself with the Customs of that Country, and to learn the Spanish Language; which he readily acknowledged, and added, that he did lament the not guarding himself by prayer and watchfulness over his Heart, against the Vices of that place; That he observed not the Sabbath, to worship God thereon; That he had been overtaken with intemperance in drinking; That sometimes he did prophane Gods Name in swearing, and had kept vain Company, which betrayed him to commit much evil, for which God being displeased, he was left to himself to be drunk when this Crime was committed: Yet that it was not done by his own hand. He often sighed, and said that now sin was as an heavy burthen on his Conscience, but be hoped if he may live that by Gods assistance he shall reform his life. III. John Breams , The Younger Brother, was Condemned for the same Murther of Henry Hutton . He denied not that the dead person was run through by him; He was a Volunteer in the Sea-service very lately; He said that he did heartily repent, that he was drunk when he committed the sin of Murther; And that the Person dying suddenly might not be prepared for it: That he had been guilty before of prophaning the Sabbath, and the Name of God in swearing, and seldom prayed to be preserved from evil Company; but yet his own heart had most what inclined him to any sinful course. He exprest sorrow for all his sins, and expecting no reprieve from death, he desired me to visit him in his Chamber and to prepare him for dying; which I hope God fitted him for, because he desired not to live to fill up a measure of sin, but said that he was willing to dye, if his Peace might be made with God through Christ. IV. Abraham Stacey , Condemned for Robbing on the Highway. He mourned that he took not warning, being pardoned formerly. And that he had sinned against much knowledge and the convictions of his Conscience, yea against vows of Reforming. I exhorted him to demonstrate his Repentance, by drawing up a Narrative of his evil life, to warn others by his untimely end; he said that he would consider of it: I told him that it was the only way to clear his Conscience, and to Glorifie God in taking shame to himself, and thereby to give publick satisfaction to others of his Repentance, for the scandals given to the Christian Religion. He did not at any time absent himself from publick Exhortation and Prayers with the other Condemned Criminals: I went several times to his Chamber, that I might the more affect his heart with his sinful deplorable Condition, as having been a former Offender, and therefore needing the more care and earnest endeavours to bring him to a through sense of his evil Courses: He did acknowledge that he had provoked God, by hardning his heart against Divine Longsuffering which should have led him to an earlier Repentance, yet not being prevailed upon hitherto, he now earnestly prays that God would not utterly reject, but give him his Holy Spirit to renew and change his heart, that he may be fitted for his death. V. John Urwin , Condemned for Murther; he is a Cooper at present by Trade; He said that he always lived Chast before and after marriage; Yet that he kept not the Sabbath, nor prayed as he ought; That he had been sometimes drunk and did swear in Passion; He was very attentive to the Instructions given him, to prepare for his death, and seemed penitent. VI. William Trapps , born of Creditable Parents, now dead. He was not brought up to any Employment, and that exposed him to extravagant Courses, and Poverty; so that he now laments his Robbing on the High-way, for which he is Condemned. I went to him before his Tryal to exhort and pray with him, to fit him for the Sentence of Death; Bur being very secure and not sensible of his evil Course of Life; He told me that when he had need of me he would send for me. After the Sentence of Death, he came not to the Chappel to joyn in the worship of God; He absented altogether, tho desired to come and receive Instructions for the benefit of his Soul: At last I went to him, and inquired the reason of his absenting himself: He told me that he was bred of good Parents who died in the Romish Perswasion, and he could not lay aside those Opinions: I replied that many of them were dangerous, as destructive to the Christian Profession; He said that he did not hold any gross parts of Popery, I asked him what he thought of praying to Saints and Angels, he said that they did interceed to God for us. I replied that this is derogatory to the allsufficiency of Christs merits, and that his intercession is grounded on the satisfaction made to Gods offended Justice by his Death, so that none in Heaven can be mediators of Intercession, who are not mediators by the purchase of Redemption. He did not utterly deny it, but desired me to pray, that God would sanctifie his distressed Condition to the saving of his Soul. VII. Thomas Hoyle , Condemned for Robbing on the Highway. He was born of Parents of Quality and good Reputation, but after their decease he left the Discipline of a Boarding-School, grew Idle, and followed vain Company; At last he entred himself into the service of our present King, and was by Commission a Chieftain over a Military Company , till June last; I asked him why he left the Kings Service, he replyed that his Commission was taken away for fighting in a Duel, whereby he received a wound, which disabled him to continue in the Service. He seemed much affected on the Lord's Day, with the Exhortations and Prayers. He with others said that they were under some perplexity of Spirit, as doubting of their Salvation; I replyed that true faith may be mixed with doubting, and usually is, tho this be not of the Essence and Nature of Faith: But if they adhered to God in Christ, fulfilling by the assistance of his holy spirit the requisite qualifications of Salvation, which I explained unto them, that they might comfortably rely on Gods Promise to state them in future blessedness; and that they ought strenuously to lay hold on the Kingdom of Heaven, as they had offered Violence to the Authority of Gods Sacred Laws. Upon this Thomas Hoyle acknowledged the particulars of his sinful Course, namely, that he had not been serious in the worship of God, that he had sometimes been intemperate and prophaned the Name of God in common discourse. There were others very ignorant who gave little or no account. On Wednesday, December 20th, seven Prisoners were executed at Tyurn, viz. Abraham Stacy , Arnold Breams , John Breams , John Urwin , William Trapps , Thomas Hoyle and Samuel Gibbins . Abraham Stacy behaved himself as became a dying man, with much humility, he warned the people four several times, the substance of which was this. I had religious Edncation but followed not the counsel given me. I little thought, I should come to this untimely end, but I sinned against much knowledge more than thousands have done; therefore my guilt is the greater. I have been accustomed to robbing on the High Way, and counted my self and Associates brave couragious Persons not to be overmatcht; but Gods wise power hath disappointed all our confidences, and justly brought us to be spectacles to warn others. I became guilty of all kinds of iniquity, but only the sin against the Holy Ghost. I lived in uncleanness which caused quarrels with my Wife, but I have begg'd her pardon this day. I have robbed many more than those who know me, several I saw in the way to my Execution, I begg'd their pardon not being able to make any satisfaction. I never actually murthered any man, yet I declare that I might have committed it lately in Newgate, had nor God restrained me; for my self with others attempted to make an escape in an evening in disguise. I and others intended to thrust briskly to escape, tho discovered, yet not to kill any one man, as a dying man I speak it? God knows that this is truth, and I beg pardon for that attempt. He often warned the Spectators and said, That it grieved him to see the Youth did not restrain themselves from vicious courses by frequent examples of Justice in Criminals. He begg'd pardon for the breach of the Laws of the Nation, and wisht it much peace and prosperity. He desired the prayers of all present, that God might be glorified in the improvement of his death to the amendment of others Lives. Hoyle wept much in Prison, and was very penitent at his Execution, desiring all whom he had wronged to pardon him. He confest he had been a great sinner, in neglecting to worship God, and in being too familiar with women; that he took not to the road to rob any for the Money, only he joyn'd with High waymen for the pleasure of their Company in Candelmas last. He prayed and exhorted the people against all sin, and moved tears in several eyes. He gave me a Prayer to print, which is as follows. MOst Just and Holy Lord God, who bringest to light the hidden things of darkness, and by thy just and wise Providence dost bring sin to shame and Punishment, frustrating the hopes of wicked men, visiting their sins upon them in this present Life, that thou mayest deter others from the guilt of such ways. O Lord in thy mercy, look down upon me a wicked and miserable sinner, who is now before thee to confess thy justice in making me a sad example to others; (it is just O Lord, thus to deal with me for my sins) O Lord I must with sorrow and shame confess, it would be just with thee, should Death eternal be the wages of my sins. O Lord, I have slighted thy mercy, and what can I expect, but to be an everlasting sacrifice to thy Justice: I have stopt my Ears when thou hast called me to repentance; how just would it be with thee to mock now, at this calamity which is come upon me. Wash me that I may be clean, purge away all my filthiness and corruption, and sanctifie me throughout. The two Breams behaved themselves penitently; the elder being very weak speak little, the other said not much, but prayed for himself, as did the rest, after the Ordinary, and were all turn'd off Samuel Smith , Ordinary. Decem. 21. 1693. Licensed Decem. 21st. ADVERTISEMENT. AT the Pattern-drawers upon Ludgate-hill, next Door to the Kings Arms Tavern near Fleet Bridge; any Person may be furnished with Water for the Freckles, Pimples, Worms, and Morphew in the Face; Elixir Salutis, Balsamick viti, Tinctured viti: Water and Oyntment for the Eyes, Oyntments for the Rickets, Burns, Scalds, Wounds, Aches, Sprains, &c. Powders, Dentrifices, Elixers, Essences, Oyls, Spirits for the easing and curing of most Distempers incident to Humane Bodies. Prepared and Sold by B. L. LONDON, Printed for E. Mallet, at Sir Edmundbury Godfrey's Head, near Flet-Bridge, 1693.

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The ORDINARY of NEWGATE his Account of the Behaviour, Confessions, and Dying Speeches of the Malefactors that were Executed at Tyburn on Wednesday the 3d day of March. 1707/1708. AT the Sessions held at Justice-Hall in the Old-Baily on Wednesday and Thursday the 25th and 26th days of February last past, Four Persons received Sentence of Death, which was this day executed upon Two of them only; the other Two having obtain'd Her Majesty's gracious Reprieve; which God grant they may improve to their own and others good. While they were under this Condemnation. I visited them twice every day: And on the LORD's-DAY the 29th of February I Preached to them and others that were in the Chappel both in the Morning and Afternoon, upon Prov. 28. 13. the Words being these, He that covereth his Sins shall not prosper: But whoso confesseth and forsaketh them shall have Mercy. From which I shew'd; I. That the hiding of One's Sins will not (as deluded Men vainly fancy they may) have the Success of escaping Punishment: But on the contrary will be shamefully exposs'd and severely punished, either in this Life or in the other, or in both; as I am affraid it often is the Case of incorrigible Sinners. Which is imply'd in the former Clause of the Text. He that covereth his Sins shall not prosper. II. That they who do ingenuously confess, and utterly abhor and forsake their Sins, and amend their Lives, shall be reinstated into God's Favour, which they had forfeited, and shall have well-grounded Hopes and Spiritual Joys and Comforts in their Souls even in this World, and in the World to come unspeakable Happiness and Glory, and Life everlasting. Which is meant by this Latter Clause, that stands opposite the First. But whoso confesseth and forsaketh them shall have mercy. On these two general Heads I inlarg'd, and for the greater Illustration of them, branch'd them out into several Particulars; shewing, Ist. That Confession of Sins is a most necessary Part of Repentance. 2dly. That the Forsaking of our Sins, is an evident Proof of the Sincerity of our Repentance. 3dly, That though outward Acts of Grief, as Weeping, Lamentations, and the like, may not be absolutely, requisite in Repentance; Yet they well become it, and are often (if not always) great Demonstrations of the inward Sorrow which we feel in our hearts upon the account of our Sins, against God, our Neighbours, and our own Souls. 4thly. That the Effects and Benefits of true Repentance are very great and blessed Things, and most comfortable to a poor dejected Sinner. 1. Because such a Repentance delivers him (in a great measure) from his present trouble, in that it makes them more light and easy to him. 2. Because it prevents, or at least removes those Fears he might otherwise be disturbed with, of being miserable beyond expression in another World. 3. Because it reconciles him to God, and restores him to a Capacity of being made happy with Him for ever; the true Penitent having an Interest in Christ, and a Right to all the Priviledges and Blessings of Christianity. Having largely discoursed upon these, I concluded at both times with a particular Application and Exhortation to the Condemned; whom (in my daily Attendances) I endeavour'd to bring to Repentance. I shew'd them the Necessity of quitting their Sins, and the Danger of carrying the guilt of them upon their Conscience into another World. I press'd them to make an ingenuous and free Confession of what they knew might be of use and satisfaction, either for the Publick or any private Persons to know: But they seem'd to decline it; saying, That they had nothing to discover, nor could make any Reparation or Satisfaction to the World otherwise than by suffering the Punishment they were condem'd to, and acknowledging (as they did) the Justice of it. So that the Accounts which they gave me of themselves were only these. I. Thomas Ellis , Condemn'd for a Felony and Burglary by him committed on the 17 day of October last in the House of Sir Miles Hicks in the Parish of St. Peter Paul's Wharf , taking from thence two Silver Hilted Swords, a Hanger, and two Pistols, with a Cloath-Coat, a Beaver-Hat and other things. He confess'd, that he was concerned in that Fact, and had been guilty of several others of the like Nature; and that he had received Mercy before, and abus'd it. I found him very obstinate and unwilling to be brought to any particular Confession: Only he said, He had committed all manner of Sins, except Murther, and that he was chiefly guilty of House breaking, of Swearing, and Drunkenness, of profaning the Lord's-day, and living a loose and lewd Life. He said further, that he was not Marry'd to the Woman that he call'd and went for his Wife, but they had lived for several years together as Man and Wife. He would not own at first that he had done very ill in living so, and that such a continual Life of Fornication and Uncleanness was most contrary to the Purity of the Christian Religion: But at last he began to be sensible of it, and that it was a Sin very heinous in its Nature and most pernicious in its Consequences, and that it had drawn in several other Crimes along with it; and wish'd that other Loose Livers, as himself had been, would take Warning by him, and avoid that and other Sins, left they should bring themselves to ruin and destruction both of Body and Soul. Being ask'd what Trade or Calling (if any) he was brought up to; He told me. That when he was young he was bound to a Shoe-maker , but did not serve out his time; That he had been at Sea diverse times, and served on board several of Her Majesty's Ships , and that he was 30 Years of age, born in the Parish of St. Andrew's Holborn , and had had good Education, but not made that improvement of it which he should have done. He said he was sorry he had been so great an Offender, and begg'd of God and all the Persons he had wrong'd to forgive him; adding that he forgave all the World, and dy'd in Charity with all Men. II. Mary Goddard , alias Buck , alias Ellis , condemned for breaking out of the Bridewell in Clarken-well , and privately Stealing 5 s. from Jane Gregory , &c. She deny'd the Stealth, but own'd her making her Escape out of that Work-house, to which she was committed. She acknowledg'd she had been a wicked Woman, and had been burnt several times in the Cheek, and once in the Hand; And that she had lived in Fornication for these 10 Years last past with Thomas Ellis above mention'd, and went all along for his Wife, though they neither were, nor ever intended to be Marry'd. She said she was about 30 Years of age, born in Pickadilly , and a Mantua-maker by her Trade, by which she might (if she would) have got a very good Livelihood; but was wickedly inclin'd; saying, that she ow'd all the evil she had done and had brought upon her self to her vicious Disposition. She in general (as her suppos'd Husband) acknowledg'd that she was guilty of all Sins but Murther; and she pray'd to God to forgive her for Christ's sake, in whose Merits alone she said she put her whole Trust and Hope of Salvation. At the Place of Execution (whither they were this day carry'd in a Cart) I met them, and prayed with them for the last time. I exhorted them to clear their Consciences, and stir up their Hearts to God more and more: And I desir'd them before they departed out of this World, to leave behind them a Warning that might deterr other Sinners from going on in their wicked Courses, and per swade them to amend their Lives. Upon which Advice they spoke to this Effect; viz. Thomas Ellis , That he had been a great Sinner, but desir'd that none would, upon the account of his shameful Death, reflect on his Mother or Sister, who were very honest. He pray'd much and very earnestly, and begg'd the Standers-by to joyn with him; and he expres'd a great Confidence that he should be sav'd, and that his Soul should be this day with Christ in Paradie. As for Mary Buck , She desir'd, that her Death might be a Warning to others, and that God would have mercy upon her. She seem'd not to be so confident of of her Salvation as Ellis; but her Humility and dejectedness (not to say Despondency) better became such a Sinner. After this I pray'd again, and sung some Penitential Psalms, with the Lamentation of a Sinner. They also rehears'd with me the Apostles Creed; and being ask'd whether they stedfastly believ'd all these Articles of our Christian Faith; They answer'd they did, and pray'd to God to have Mercy upon their Souls. Then I wish'd them that Life Everlasting, which they had now profess'd to believe: And so commending them to the further Assistance of the Divine Grace, I left them to their private Devotions, for which they had some time allow'd them. Then the Cart drew away and they were turn'd off, while they cry'd to God for mercy in these and the like Ejaculations. O Lord God I flee to thee! Lord help me! Lord save me! Lord Jesus receive my Soul: &c. Wednesday. March 3. 1707/1708. This is all the Account now to be given of these Malefactors by PAUL LORRAIN Ordinary . ADVERTISEMENTS. 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The Nature and Means by which they Commit their several Thefts and Robberies, and the Distinctions observed in their respective Functions. To which is added, the Cant generally us'd by those sort of People to conceal their Villanies; and Rules to avoid being Robb'd or Cheated by them. Usefully set forth for the Good of the Publick, at the Instance of many Honest People. JUst published a Sermon in 40 and 80 on the Consecration of Dr. Blackhall Lord Bishop of Exeter and Dr. Trimnel Lord Bishop of Norwich, by S. Bradford D. D. A Sermon on 30, of Jan. 1707 by Mr. Luke Milbourn , Two Practical Discourses of Christian Patience and Predominant Passions, price 6d. Printed for R. Burrough and J. Baker at the Sun and Moon in Cornhill and sold by J. Morphew near Stationers Hall. THis day is Publisht Select Discourses on the Being of a God, the Resurrection of the Body, Immortality of the Soul, Predestination, &c. by Dr . 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THE Ordinary of NEWGATE HIS ACCOUNT OF The Behaviour, Confessions, and Last Speeches of the Malefactors that were Executed at Tyburn on Friday the 13th of February, 1718/1719. AT the General Sessions held at Justice-Hall in the Old-Baily , on Friday the 5th, and Saturday the 6th, and thence adjourn'd to Monday the 8th of December, 1718, Four Malefactors, viz. 3 Men and 1 Woman, that were Try'd for, and Convicted of several Capital Crimes, accordingly receiv'd Sentence of Death. And at the last Quarter Sessions held at the same Place on Thursday the 15th, Friday the 16th, Saturday the 17th, and thence adjourn'd to Monday the 19th of January, 1718/1719, Fifteen Persons, viz. 12 Men and 3 Women, that were then likewise Convicted of diverse Capital Crimes, did also receive such a Sentence: But of the former number the Woman being found Pregnant, and one of the Men graciously Repriev'd; and of the latter, another Woman also Pregnant, and the other two, with 5 of the Men, having likewise obtain'd the Mercy of a Reprieve, which I wish they may duly improve; and to all these one being added, who dy'd in the Hold on the 6th instant, 8 only are now order'd for Execution. While they lay under this Condemnation, I constantly visited them every Day, either in the Condemn'd Hold, or in the Chapel of Newgate ; where I pray'd with them, and read and expounded the Scriptures to them, endeavouring to give them a true Notion of the Duties of Christianity, by shewing them on the one hand the exceeding great Reward attending the Performance, and on the other the unexpressible Misery unavoidably ensuing upon the wilful Neglect thereof. These were the things I chiefly labour'd day by day to make them sensible of, in order to the bringing them to true Repentance and Amendment of Life, and thereby to Eternal Salvation: And, On the Lord's Day the 7th of December last (the Day before their receiving Sentence of Death) I preach'd to them, in the Morning and Afternoon, on Rom. 15 4. being part of the Epistle for the Day, and the Words these; For what soever things were written aforetime were written for our Learning, that we through Patience and Comfort of the Scripture might have Hope. In my discoursing upon these Words (after a general Explanation of them) I consider'd severally these three Expressions in them, viz. I. It is written. II. A . III. For our Learning. Observing, From the{ 1st, The Authority 2d, The Antiquity 3d, The Usefulness of the Scriptures. And from the Whole prov'd, That Men's Spiritual Miscarriages often proceed from their prodigious Neglect of Reading and Hearing with devout Attention the Word of GOD, which is written for their Learning, for their Instruction and Comfort, and which (if duly obey'd) will be a happy Mean to keep them from Sin and Everlasting Damnation, and also preserve them unto Eternal Life. On the Lord's Day the 14th of the same Month of December last, I preach'd to them (both in the Morning and Afternoon) on part of the Gospel appointed for that Day, viz. Matt. 11. 10. For this is he of whom it is written, Behold, I send my Messenger before thy Face, which shall prepare thy Way before thee. In speaking to which Words, I shew'd, I. Who that Messenger was, viz. St. John the Baptist; and what was the Life he led, viz. a Life of Austerity and strict Piety, shunning all the vain Pomps and Delights of the World, as it became One that was a Preacher of Humility and Repentance, in order to prepare Men's Hearts for their embracing the Gospel of CHRIST. And here I took occasion to observe, How necessary it is for Men to read the Scriptures, and (by a constant practice of them) make themselves well acquainted with them; which containing both the Mysteries of God's Holy Religion, and the Means of Eternal Life and Salvation, were therefore often quoted and referr'd to by our Blessed Saviour himself; as we may see here in the Text, and in several other Places in the Book of GOD. Then I proceeded to shew, II. What the Subject of that Message was, of which the Text speaks, viz. the Preaching of Repentance and Amendment of Life. On those two Points I enlarg'd, and particularly on the latter; shewing, 1. The true Nature 2. The absolute Necessity 3. The great Danger in the Neglect or Delay 4. The blessed Fruits of Repentance. On the Lord's Day the 21st of December last I preach'd to them again, Morning and Afternoon, upon Mark 13. 26. And then shall they see the Son of Man coming in the Clouds with great Power and Glory. These Words (pointing to the Last Coming of Christ, to which His First had a reference) I first open'd and explain'd in general, and then did from them shew in particular. I. The Certainty of Christ's Coming at the last Day to Judge the World. II. The Uncertainty of the Time when He shall come. III. ult. The great Concern it is to all Men, and the constant Care they should take, to be always prepar'd, as for that Day, so for Death, which will presently usher them into Judgment; for as soon as the Soul is separated from the Body, a Sentence is then privately pass'd upon it, either of Absolution or Condemnation, and that Sentence (which is never to be revers'd) will be publickly confirm'd, and also extended to the Body, at the Day of the general Resurrection, when all must appear before the Judgment seat of Christ, that every one may receive the things done in the Body, according to that he has done, whether it be good or bad, 2 Cor. 5. 10. And on the Day of CHRIST's Nativity I did again preach to them, both in the Morning and Afternoon, on part of the Epistle appointed for that Day, viz. Heb. 1. 1, 2. the Words being these; God, who at sundry times, and in diverse manners, spake in time past unto the Fathers by the Prophets, has in these last Days spoken unto us by his Son, whom He has appointed Heir of all things, by whom also He made the Worlds. From which Words (first explain'd with their Context, and illustrated by parallel Places, and other Texts in general) I spoke to these two Points; in particular shewing, I. The Agreement II. Tho Difference between the Old and New Testament. 1. The Agreement, which consists in these; 1st, That One GOD speaks in both, viz. in the former by His Servants: In the latter by His Own Son. 2dly, That the same GOD is the Author, and the same CHRIST the Subject of both Testaments, which are in each other; the Law being an Hidden Gospel, and the Gospel a Reveal'd Law. 2. The Difference between the Two Testaments, which is with respect of these Circumstances, 1st, The Times when, 2dly, The Ways how, 3dly, The Persons to whom, And, 4thly, The Persons of whom, and by whom, GOD spake. On the Lord's Day the 28th of the said Month of December, I preach'd to them again, in the Morning and Afternoon, and my Text was, Gal. iv. 4, & 5. But when the fulness of the Time was come, God sent forth his Son, made of a Woman, made under the Law, to redeem them that were under the Law, that we might receive the Adoption of Sons. In my Explanation of which Text, I consider'd chiefly these five Particulars, viz. I. The Time which God the Father had appointed to send His Son into the World; which the Apostle here calls, The Fulness of Time. II. Christ, the Eternal Son of God the Father his taking our Nature upon Him, describ'd by this Phrase, God sent forth his Son made of a Woman. III. His being subject to the Law; as it is plainly express'd by these Words of the Text, Under the Law. IV. The End of Christ's Incarnation and Subjection to the Law, viz. To redeem them that were under the Law. V. ult. The great Benefit accruing to us from this Redemption, which is (says the Text) That we might receive the Adoption of Sons. To all these I distinctly spoke, and from them rais'd Arguments for a holy Life, shewing how we ought to repent of all our Sins past, and how to amend whatever we have done amiss by departing for the future from all Iniquity, and serving GOD in Purity and true Holiness all our Days; by which we shall not only demonstrate that we have a true Value for what Christ has done and suffer'd for Mankind, but through Mercy obtain an Interest in, and Salvation by Him. Again on Circumcision-day, being Thursday the 1st of January, I preach'd to them on part of the Epistle appointed for that Day, viz. Rom. 4. 9. Blessed is the Man to whom the Lord will not impute Sin. Cometh this Blessedness then upon the Circumcision only, or upon the Uncircumcision also? For we say, that Faith was reckon'd to Abraham for Righteousness. These Words I first explain'd in general, giving an Account of Circumcision, with the Use and Import of it; and then I particularly spoke to the Blessedness meant therein; chiefly shewing what a happy thing it was to have our Sins Pardon'd, signified by this first Clause of the Text, Blessed is the Man to whom the Lord will not impute Sin. In which I consider'd distinctly these Things, viz. That there is in Sin, I. An Offence against GOD, which is said to be forgiven. II. A Filthiness, which is said to be cover'd. III. A Guilt, which is said, not to be imputed; that is, not to be liable to any Punishment, no more than if it never had been committed. On the Lord's Day the 4th of January I preach'd again to the Condemn'd and other Prisoners there, in the Forenoon and Afternoon, on Prov. 28. 13. From which Text, having first observ'd how the Wise-man opposes Confession and Dereliction of Sins to a Concealment or Hiding of them (wherein he shews the different Effects of both) I then proceeded to speak chiefly to these, viz. I. That a free Confession of Sin is a most necessary part of Repentance. II. That the Forsaking of our Sins is an evident Proof of the Sincerity of it. III. ult. That the Effects and Benefits of such a Confession and Repentance, are Pardon and Forgiveness, the Favour of GOD, and Eternal Life, which are very great, blessed, and most comfortable Things to a true Penitent Soul, who by these is, 1st, Supported under, and (in a great measure) freed from present Misery. 2dly, Deliver'd from the dismal Fears of another World. 3dly, Reconcil'd to GOD, restor'd to His Favour, and establish'd in the Faith. And all these through the unspeakable Mercy of a good and gracious GOD, and the Infinite Merits of JESUS CHRIST, our most Blessed Lord and Saviour. And again on the Lord's Day the 11th of January I did (both in the Morning and Afternoon) preach upon this Text, being part of the Epistle appointed for that Day, and the Words these, Rom. 12. 2. And be not conform'd to this World; but be ye transform'd by the renewing of your Mind, that ye may prove what is that good, and acceptable, and perfect Will of God. From which Words, first explain'd in general, I shew'd in particular, I. What's the Import of this twofold Precept, 1st, in the Negative, Be not conform'd - &c. 2dly, in the Affirmative, Be ye transform'd - &c. II. The Reward attending our due Performance of it and the great Encouragement we have hereto; which I set forth under several Particulars, too many here to be specify'd. Having largely and distinctly discours'd upon those Heads and Particulars, I concluded all the 'foremention'd Sermons with suitable Exhortations and Applications to the Condemn'd, who (as far as I could perceive) behav'd themselves as it became Persons under their Unhappy Circumstances, expressing great Sorrow for their past Sins, and a Resolution to lead a new Life, if GOD would be pleas'd to spare them a longer time in this World. I hope those of them who have obtain'd their Desire herein, will remember their Promise to GOD and Man, and be so considerate, and so just, as to lead that Life which they have promis'd and acknowledg'd to be both their Duty and Interest to live. Upon the Lord's Day the 18th of January last, when there was a new Accession of 15 Malefactors more, that receiv'd Sentence of Death this last Sessions, I preach'd to them all, both in the Forenoon and Afternoon, upon part of the Epistle for the Day, viz. Rom. 12. the former part of the 10th Verse; Be kindly affection'd one toward another, with Brotherly Love. And as I do of course preach every Lord's Day (and solemn Fast-Day) twice throughout the Year, to all the Prisoners (Debtors and others) in general, so I did more particularly (both in the Morning and Afternoon) to them under Sentence of Death, on these following Days, viz. Sunday the 25th, and Friday the 30th of January last; on Sundays the 1st and 8th instant, and on Wednesday last, being the First Day of Lent, upon the following Texts, which I shall only name, viz. St. Matt. 19. 18. Thou shalt do no Murder. Tit. 3. 1. Put them in mind to be subject to Principalities and Powers: To obey Magistrates: To be ready to every good Work. 1 Pet. 4. 7. The End of all Things is at hand: Be ye therefore sober, and watch unto Prayer. Joh 14. 14. If a Man die, shall he live again? All the Days of my appointed Time will I watch till my Change come. Joel 2. 12. Therefore also now saith the Lord, Turn ye even to Me, with all your Heart, and with Fasting, and with Weeping, and with Mourning. From which Texts, first severally open'd and explain'd, I took occasion to treat of the chief Points of Religion, viz. Man's Love to GOD and to his Neighbour, Faith, Repentance, &c. which are indispensable Duties to be carefully exerted by all Men as long as they remain in this mortal State, that when their Great Change comes, they may find it a Happy Change, and have an Entrance into the Everlasting Habitations of Bliss and Glory. All these being proper for me to offer (and for them to take) to their Consideration, I endeavour'd to instruct them in, and perswade them to the practice of them, while they had this Time allotted them for this weighty Concern. They seem'd very attentive to, and mindful of those Exhortations which I gave them, and by which I endeavour'd to bring them to Repentance and Salvation. - And those of their number now order'd for Execution, gave me the respective Accounts of themselves which follow, viz. 1. Richard Spackman , condemn'd for assaulting and robbing on the Highway near Pancras Church , 1st, Mrs. Eliz. Griffith , on the 15th of November last; and 2dly, Mr. John Smith , on the 22d of the same Month. He said, he was 40 Years of age, born in the City of Oxford : That when but young, his Friends brought him up to London , and bound him to a Watchmaker in Fleet-lane , with whom he serv'd his whole Time, which when expir'd he wrought for himself for a while, and then went to Sea , and made two Voyages (in Merchantmen) to the East-Indies , in which Service he spent about 5 Years: That at his Return, he wrought a little (as he had done abroad) at his Trade of Watchmaking ; and after that went to Sea again, and serv'd the Crown in the Mountague, a Man of War, for 3 or 4 Years, off and on; and in the Intervals (while at Land) apply'd himself to his first Calling of Watchmaker ; which, when he had quitted the Sea-Service, he follow'd altogether, and hir'd a House in Turnagain-lane , where he liv'd with his Wife, and work'd for some don, and pleaded it at the Old-baily on the 16th of August, 1715, the Conditions of that Pardon (which he did not observe) being, That he should transport himself within 6 months out of His Majesty's Dominions in Europe; and wanting that Grace whereby he might improve this Mercy, he not only fell in again among his wicked Acquaintance, but return'd to his former Trade of Thieving, which at last brought him to this second Condemnation; and tho' he deny'd the Fact, yet he own'd the Justice of GOD in thus punishing him for other Offences he had formerly committed, and now heartily repented of. 6. John Prior , convicted of, and condemn'd for, several Robberies by him committed on the High-way with Robert Vickers and Francis Parquot ; 1st, For Assaulting and Robbing William Spinnage , Gent . and taking from him a Purse with 14 Guineas and a half-Guinea, a Watch value 8 l. and other things, as he was riding in a Hackney-Coach in Faringdon-lane near Hornsey , on the 18th of August last. 2dly, For a like Assault and Robbery by them jointly committed on the Person of George Floyer Esq ; on Horseback, near Tottenham-Court , in the Parish of St. Pancras , from whom they took a pair of Pistols value 40 s. and a Gelding value 30 l. on the 18th of Sept. last. And, 3dly, For such another Assault and Robbery which the said Prior and Vickers committed on Mr. William Squire , who was by them very roughly handled, and threatned to be kill'd (besides their taking from him 5 Guineas, a Watch with a Chain and Seal, and 10 s. in Silver, near the Turnpike at Tottenham ) without any regard to the said Mr. Squire's Character, being one of HIS MAJESTY's Messengers . This John Prior said, he was 34 years of age, born at Caisoo in Bedfordshire : That he follow'd Husbandry while in the Country: That leaving both Husbandry and Country, he came up to London above 4 years ago, and listed himself into the 2d Regiment of Foot-Guards : That soon after this, he giving way to a lewd Life, was by the Evidence against him (one of his Accomplices) soon enticed into the commission of many ill Facts with him, particularly those he now stood condemn'd for, which he freely confess'd he was guilty of; and said, That when himself and Vickers assaulted Mr. Squire, Francis Parquot was not with them; but that he was in their Company, and assisted them in the two other Robberies, and likewise in several other Facts of the like nature, for which he the said Prior had made all the amends he could, by sending to the Persons he had any ways injur'd; adding (which Vickers also confirm'd) That Willoughby Strickland , who was try'd for these Facts and acquitted, was not in the least concern'd in them, nor in any other with them; and that the said Strickland knew not they were engag'd in such Courses. He was very ignorant, and could not so much as read; yet seem'd to be very sensible of this, That he could not expect GOD's Mercy without true Repentance; which he therefore endeavour'd to stir up himself to, and desir'd my Prayers for him, and Instructions to him, which he said he would observe; and so I believe he did. 7. Robert Vickers , condemn'd for the 3 Facts before mention'd, which he freely confess'd his being concern'd in the commission of. He said, he was about 23 years of age, born at Nethercot in Warwickshire : That when but very young he went from thence to Westbury in Buckinghamshire , where he was bound Apprentice to a Baker ; and his Time being expir'd, he came up to London , and was Journey-man to a Baker in Cow-cross , and afterwards to another in Golden-Lane , in the Parish of St. Giles Cripplegate : That about 4 years ago he growing weary of his Imployment, listed himself into the 2d Regiment of Foot-Guards , where he had not been very long before he began to be loose, and follow ill Courses; owning, That (besides the Facts he stood condemn'd for) he had committed several others of that sort, but never kill'd any Person; which, he said, was no small Comfort to him. Upon this, I desir'd him (and the rest) to consider, that when a Man is wilfully engag'd in an Unlawful Act (such as those they were guilty of) he thereby exposes himself to the temptation and hazard of committing the heinous Crime of Murder, or forcing the Person Assaulted to take away the Assaulter's Life for the Safety and Preservation of his own. Of this he seem'd now to be sensible, saying, He heartily repented of all the Sins he had actually committed, and of his Presumption in putting himself into Danger of committing more. He declar'd, That Francis Parquot was not with him in the Robbery committed on the Person of Mr. Squire, but was in those of Esq; Floyer and Mr. Spinnage, as he also had been in several others: And he further said, That (for his part) he had sent, and made all the Satisfaction he could, to the Persons he had wrong'd, and humbly begg'd GOD's Pardon and theirs. 8. Francis Parquot , condemn'd for being concern'd and acting in the Robberies committed by Prior and Vickers before-nam'd, on the Persons of Esq; Floyer and Mr. Spinnage. He said, he was 30 Years of age, born in France , at a Sea-port Town call'd Marines , near Rochel : That about 15 Years since he came into England, and liv'd 3 Years with a French Jeweller , and then came away from him: That when he had left his Master he went to the City of Bath , and there kept a Shop for some time; but being in Debt, was forc'd to leave that Place, and come up to London , where he privately follow'd his Occupation. He deny'd the Facts for which he stood condemn'd, and which his Companions, Prior and Wickers, told me (and that too before his Face) he was as much guilty of as themselves; and yet he obstinately persisted in his Denial; who all-along behav'd himself so, and shew'd so much Unwillingness to come to Prayer, and receive good Instructions, that I'm afraid he was too regardless of his Future State, shewing no Concern for it in the least, till he came very near the time of his Death. At the Place of Execution, to which seven were carry'd from Newgate in 3 Carts this Day, and Parquot in a Coach, I attended them for the last time, and with my usual Exhortations, Prayers, singing of Penitential Psalms, and other Acts of Religion, endeavour'd finally to dispose them for a better State. They said they had nothing to add to what they told me before concerning the Facts they died for, or any other; only William Ward and Samuel Lynn confess'd, That about a Twelvemonth ago they took from off a Coach standing at the Spread-Eagle-Inn in Gracechurch-street , a Portmanteau with Goods in it belonging to Dr. Tilburg; and had also been concern'd together in several such Facts, but could not particularly recollect themselves about them. Then they desir'd the Standers-by to pray for them, and take Warning by them. After this, and my repeated Prayers for their Souls happy passage and admission into the Mansions of Everlasting Bliss and Glory, I withdrew from them; and then William Ward said something to the People, which I did not distinctly hear. This done, they all apply'd themselves to their private Devotion, for which they had some Time allotted; and as they were calling on GOD for Mercy, thro' the Merits of JESUS CHRIST, the Cart they were put into drew away, and they were turn'd off. NB. As I was retiring from them, a Letter was deliver'd me from a Gentlewoman, desiring me to ask Vickers, Whether he was not concern'd with one Holloway in robbing her of 250 Guineas, 3 or 4 Crown-pieces, 3 Rings, and a Snuff box, about 5 or 6 miles on this side St. Albans , in October last: To which he reply'd, He knew Nothing of the Matter, us he was a dying Man. This is all the Account here to be given of these Dying Malefactors, by me, PAUL LORRAIN , Ordinary . Advertisements. ROBERT WHITLEDGE , at the Bible and Ball in Ave-Maria-lane , Selleth all sorts of Bibles and Common Prayers, viz. The Three new large Folio Bibles, printed at Oxford: The English and French Common Prayer: All sorts of Common Prayer-books, illustrated with Sturt's Cuts, Vander Gucht's best Cuts or painted Cuts (rul'd or unrul'd) or without; bound in Shagrine, with Silver Work or without, or in any other manner of Binding: Neat Pocket Bibles, with the Cambridge Concordance: Books of Devotion, the Sacrament, History, &c. And all sorts of Bibles, Common Prayers, and other Books for the Use of Charity (and other) Schools. Likewise the Statutes at large, Books of Homilies, Duty of Man, &c. and Letter-Cases of all sorts, by Wholesale and Retail. Note, Also Welsh Bibles and Common Prayers. In the Press, and will speedlily be Publish'd, the 5th Edition of THE Works of Mr. Tho. Brown , Serious, Moral, and Comical, in Prose and Verse, with his Amusements: adapted to the Meridian of London, at the present Time: And Letters from the Dead to the Living, corrected from the Errors of the former Impression; adorn'd wit beautiful Cuts, newly defign'd and engrav'd by the best Masters To which is added, The Life and Character of Mr. Brown, and his Writings: Now recommended to the Publick by Sir Richard Steel . In 4 neat Pocket Volumes, on a new Letter. Next Week will be Publish'd, A Brief Declaration and Vindication of the Doctrine of the Trinity, as also of the Person and Satisfaction of CHRIST, accommodated to the Capacity and Use of such as may be in Danger of being seduc'd: And the Establishment the Truth, John 5. 39. Search the Scriptures: By John Owen , D. D. The 6th Edition, price 1 s. NB. Those Persons that have sent, and those that are dispos'd to buy Dozens of them to give away, may now be supply'd, at 10 s. a Dozen, by Joseph Marshall , at the Bible in Newgate-street . Where likewise may be had (just Printed) Dr. Owen's Evidences of the Faith of OOD's Elect. The 2d Edit. pr. 1 s. Sold by S. BRISCOE, near Mr. Mist's in Carter-lane. Price 3 d. [Missing page images]

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THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, and Dying Words, OF THE MALEFACTORS, Who were Executed at TYBURN, On WEDNESDAY the 7th of May. BEING THE THIRD EXECUTION in the MAYORALTY OF THE Rt. Hon. Sir JOHN SALTER , Knt . Number III. For the said Year. LONDON : Printed and Sold by JOHN APPLEBEE , in Bolt-Court , near the Leg-Tavern , Fleet-street , M,DCC,XL. (Price SIX-PENCE.) THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, &c. AT the King's Commission of Oyer and Terminer, and Jail-Delivery of Newgate, held (before the Right Hon. Sir JOHN SALTER , Knt . Lord Mayor of the City of London ; the Right Hon. Lord Chief Justice Lee; the Hon. Mr. Justice Fortescue; the Hon. Mr. Baron Parker; the Hon. John Strange , Esq ; Recorder; and the Worshipful Mr. Serjeant Urlin, Deputy-Recorder of the City of London, and Others, his Majesty's Justices for the said City, and Justices of Jail-delivery of Newgate, and County of Middlesex) at Justice-Hall, in the Old-Bailey , on Wednesday, Thursday, Friday, the 27th, 28th, and 29th of February, and Saturday the 1st of March, 1739-40, and in the thirteenth Year of his Majesty's Reign. Two Men, viz. John Sawney , and Samuel Hill , and five Women, viz. Elizabeth Whitney , Mary Nash , Eliz. Hains , Frances Humphries , and Elizabeth Jarvis , were by the Jury convicted of capital Crimes, and received Sentence of Death. Also, At the King's Commission of Oyer and Terminer, and Jail-delivery of Newgate, held (before the Right Hon. Sir JOHN SALTER , Knt . Lord Mayor of the City of London ; the Right Hon. the Lord Chief Justice Lee; the Hon. Mr. Baron Parker; the Hon . John Strange , Esq ; Recorder ; and the Worshipful Mr. Serjeant Urlin, Deputy-Recorder of the City of London; and Others, his Majesty's Justices for the said City, and Justices of Jail-delivery of Newgate, and County of Middlesex) at Justice-Hall, in the Old-Bailey, on Wednesday, Thursday, Friday and Saturday, the 16th, 17th, 18th, and 19th of April, 1740, and in the thirteenth Year of his Majesty's Reign. Six Men, viz. John Singleton , John Hyde , John Moore , Thomas Clements , Joseph Parker , and John Ethrington , and one Woman, viz. Margaret Newel , were by the Jury convicted of capital Offences, and received Sentence of Death. While under Sentence, they were instructed how necessary it is to be contented with that Lot and Condition, in which God hath placed us in the World, since Discontentedness is the Cause of that Vice, namely Covetousness, for which all of them suffered so much Disgrace and Shame; and this Contentedness we showed them, is, being well pleased with that Condition, whatever it is, that God hath placed us in, not murmuring and repining at our Lot, but chearfully welcoming whatsoever God sends. How great and pleasant a Vertue this is, will appear by the contrariety it hath to several painful Vices; for where this is rooted in the Heart, it not only subdues some single Sin, but a Cluster of Sins together; it is contrary to the Sin of Murmuring, which we find so much reproved in the Israhtes; and if it be a pleasant Thing to be thankful, murmuring must be unpleasant and troublesome; it is contrary to Ambition, that makes one displeased with his present Condition; to Covetousness, as the Apostle witnesseth, Heb. 13. 5. Let your Conversation be without Covetousness, and be content with such Things as you have. Where we see Contentedness set in a direct Opposition to Covetousness, which is a very great Crime, as being contrary to the very Foundation of all good Life; those three great Duties we owe to God, to ourselves, and to our Neighbours. It is contrary to our Duty to God, Luke 16, 13, We cannot serve God and Mammon. It is contrary to our Duty to our selves, both in respect of our Souls and Bodies. The Covetous Man despises his Soul, by selling it to eternal Destruction for a little Money, which the Apostle calls the Row of all Evil, and which can be of no Use to us in the Distress, and much less in the Hour of Death: Upon the covetous Person, the Apostle pronounceth, That he shall not inherit the Kingdom of God, 1 Cor. 6. 10. And the Covetous Man offendeth not only against his Soul, but his Body too, in denying those necessary Refreshments it wants, for which Riches, so far as they concern himself, were given him. And Covetousness is contrary to the Duty we owe to our Neighbours, in both Parts of it, Justice and Charity. From many such Considerations as these, we took Occasion to expose to them, the great Wickedness of their Lives, which had been a direct Contradiction to every Thing that's Religions and Virtuous, for which now the heavy Judgments of God had overtaken them. One of them convicted of that heinous and attrocious Sin of Murder, I exhorted to think upon the Wickedness of his Life, and what it was that brought him into the Commission of so vile an Action, his unbridled Passion, want of Consideration, and having no regard to the fear and love of God, which Dispositions if he had been endowed with, they must necessarily have restrained him from such an outragious Action, whereby a Man is at once divested of all Humanity, and reduced into the pestiferous Nature of the most voracious and destructive Animals, whose only delight it is to tear in Pieces, and destroy their Fellow-Creatures. Upon Wednesday the 30th of April, Report was made to his Majesty in Coun cil, of the fourteen Malefactors under Sentence of Death in the Cells of Newgate, when Elizabeth Whitney , alias Dribray , and Mary Nash , alias Goulding , for assaulting George Stacey , in the dwelling House of William Needham , putting in Fear, &c. and taking from him a Moilore, a thirty-six Shilling Piece, and thirty Guineas, Nov. 20; Samuel Hill , of St. Giles's in the Fields , for breaking and entering the dwelling House of Magdalen Fleetwood , about three in the Night, and stealing three Copper-pot Lids, value 3 s. a Copper Coffee-pot, value 2 s. a Copper Chocolate-pot, value 2s. a Pewter Cullendar, value 4 s. five Pewter Plates, value 2 s. 6d. a Box-iron and a Heater, value 3 s. February 3d; Elizabeth Hales , Elizabeth Jarvis , and Frances Humphries , for assaulting Charles Dickerson , in the dwelling House of Godfrey Nodder , putting him in Fear, &c. and taking from him a Burragon Coat, value 25 s. a Pair of Gloves, value 12 d. a Hat, value 3 s. a Cambrick Stock, and a Bath-mettle Stock-buckle, value 6 d. and a green Parchment Pocket-Book, value 6 d. February 24th; Margarett Newel , of St. Giles's in the Fields , for privately stealing a gold Watch, and a gold Chain and Seal, value 15 l. from the Person of the Chevalier Rusca, March 9th; and John Ethrington , a Boy 14 or 15 Years old, for stealing a leather Bag, value 1 Penny, a Pair of Silver Buttons, value 3 d. two thirty-six Shilling Pieces, a Moidore, 22 Guineas, 3 Half-Guineas, and 7 s. 6 d. in Money, the Property of Richard Crimes , in the dwelling House of Edward Dudley , March 17th, received his Majesty's most gracious Reprieve: The other six, viz. John Sawney , John Singleton , Joseph Parker , John Hyde , John Moore , and Thomas Clements , were ordered for Execution. John Sawney , of St. Martin's in the Fields , was indicted for assaulting Sarah Cockram , on the King's Highway, putting her in Fear, &c. and taking from her a Cloth Cloak, value 12 s. January 29. 1. John Sawney , 25 Years of Age, of honest Parents in the City of Cork , in Ireland , who gave him good Education at School, to read, write, and cast Accompts for Business, and instructed him in the Christian Religion; when of Age, he was bound to the Sea , and served his Time honestly and with Approbation; when out of his Time, he liv'd by his Business at Home for some Time, and then apprehending there was more to be had in England, he came over to ristol, where he lived, and from whence he sailed several Voyages, during the remaining Part of his short Time, for most Part keeping the Jamaica Trade, though he was also in several other Places, at Gibraltar , in Spain , France , Portugal , and other Parts of the West-Indies , and often at London , in his coming and going, where about eight Months or a Year ago, irresolute in his Designs, and wearied of the Sea, being very much in Liquor, and not knowing what he did, he listed in the second Regiment of Guards, and continued in that Service, 'till he committed the robbing Mrs. Cockram of her Cloak, about seven at Night, the 29th of Jan. in some Place about Drury-Lane ; that he us'd the Gentlewoman rudely in tearing the Cloak from her Shoulders, and not well knowing where he was, as he endea voured to make his Escape, he ran into a little Court where there was no thorough-fare. Two Men and Mrs. Cockram, the Prosecutrix, who scream'd out, and cry'd Stop Thief, pursuing him, he was taken in a House into which he fled, and brought to Justice. He declared himself penitent for all the Sins of his Life, particularly the heinous Crime he dyed for, that he believ'd in Christ his only Saviour, and was in Peace with all Men. John Singleton , of St. Giles's in the Fields , was indicted for privately stealing a gold Watch, and gold Seal, value 15 l. from the Person of Henry Lampton , Esq ; April 4. 2. John Singleton , 22 Years of Age, born of mean Parents, in the North of Ireland , had no Education at School, and could neither read nor write, and as for Religion, he profest the Romish Way , but knew nothing of the Matter, being a silly, ignorant Creature; when of Age, his Father bred him to his own Trade, a Weaver , and while at Home, he lived with his Father and followed that Way of Business, and might have done well enough, had he been contented with his Lot, but disatisfied with his Condition, he long'd to see foreign Lands; and accordingly some Time last Year he came to London , where in some obscure Places about Drury-Lane , he fell in with some of his own Country People, particularly Margaret Newel , who had none of the best Advices to give him, but push'd him forward to his Ruin and Destruction: Among others, a certain Person who kept a bad House, was acquainted with him, who being a notorious Pick-pocket, instructed him that Way, which he prosecuted but a very short while, before he was brought to condign Punishment: He pretended to come hither to follow his Trade of a Weaver, but that he had no Mind to, for he associated with Whores and Thieves, who put him from all Thoughts of Business, and had him engaged in their Way of Thieving and picking Pockets; he accordingly neglected every Thing else, liv'd altogether an idle Life, and loitering about the Streets, he look'd out for his Prey wherever he could find it. It seems, one of the Places they frequently visited was the Ambassador's Chapel by Lincoln's-Inn-Fields , where many of the Romish Profession go, and thither Singleton, pretending to be of that Profession went, upon Friday the 4th of April, rather to see whose Pocket to pick, than out of any religious View; 'Squire Lampton coming out of the Ambassador's Chapel about 7 o'Clock, John Singleton pick'd his Pocket of a Gold Watch; Mr. Lampton finding his Watch gone, coller'd Singleton, who threw the Watch the other Side of the Street, which a Man took up and deliver'd to Mr. Lampton; he was carried before a Justice and committed, and upon Trial found guilty of his Crime. He gave himself out to be a bigotted Roman Catholick , and I reproved him sharply for going to a Place of Worship which he himself loved best, and to be guilty in the same Place of such vile Profanation, as stealing and thieving, contrary to all Religion whatsoever; he own'd himself a very wicked young Man, but did not incline to confess much, rather to dissemble and equivocate; and as to Religion, though he was one of the most silly, ignorant young Fellows I have met with, knew nothing of any Difference, and could give no Account of himself; he said, he would die in the same Profession with his Father, Grand-Father, and Fore-fathers, and was impatient of hearing any Thing. I was not for discomposing him in his last Moments, but desired him to believe in Christ our only Saviour, to repent sincerely of all his Sins, and to forgive all Men as they expected forgiveness: He was satisfied with Prayers, and blest me for them. He was very sick and lame of his Legs and Feet, and could not come to Worship; he died in the Christian Faith according to the Roman Way, and in Peace with all Men. Joseph Parker , was indicted, that at the Sessions holden at the Old Bailey , on Wednesday the 7th of December, in the 11th Year of his Majesty's Reign, before the Right Hon. Sir John Barnard , Knt . then Lord Mayor of the City of London , the Right Hon. Sir John Willes , Knt . Lord Chief Justice of the Court of Common Pleas , &c. He, the said Parker, late o London , Labourer , was tried, for that he, on the 21st of November, one silver Instrument-Case, value 40 s. the Goods of Rice Price , in his Shop, in the Parish of St. Mildred, in the Poultry , did steal, take and carry away, and thereupon, by a Jury of the Country, was convicted of stealing the Goods of the said Rice Price , to the value of 4 s. 10 d. and was accordingly ordered to be transported to some of his Majesty's Plantations in America , for seven Years, according to the Statute, &c. And that he, the said Parker, afterwards, to wit, on the 5th of January last, feloniously, and without lawful Cause, was at large, in the Parish of St. Michael Quern , before the Expiration of the Term he was ordered to be transported for, against the Form of the Statute in that Case, &c. The Counsel for the King having open'd the Indictment, and the Nature of the Evidence, took Notice, that the Prosecution was founded upon a Statute made in the 6th of his late Majesty, ch. 23. Sect. 6. and 7. that the Words of the Section were, - Whereas some Felons ordered for Transportation according to Law, have already, and others may, come on Shore, and return, before the have been actually transported to America, or may break Jail, or escape before their Transportation. " Be it enacted, &c. That if any Felon, who " shall be ordered to be transported, by this, or " any other Act, be afterwards found at large, " (without lawful Cause) before the Expiration " of such Term, for which he hath been ordered to be transported, all such Person, or " Persons, being lawfully convicted thereof, " shall suffer Death, without Benefit of Clergy. " The Record of the Prisoner's former Conviction was read, and the Order for his " Transportation for seven Years. The Court " had full Proof, that he was the same Person " who was ordered to be transported two Years " ago, and that he was found at large in England " within the Time limited by Act of Parliament, the Term of seven Years." Upon which the Jury found him guilty. Death. 3. Joseph Parker , 32 Years of Age, born in London , of mean Parents, who gave him little or no Education, which although they had given him, yet he did not seem willing or capable to receive the same. When of Age, he was put to no Business, but idled his Time away about the Streets, which brought him into a Habit of the vilest Company, to which his Inclination led him, and this compleatly ruined him, who as he was void of good Principles, ran headlong into all kind of vicious and bad Practices. He was often taken up, and often Indicted, and had been frequently confined to most of the Jails in and about the Town, and was particularly several Times in Newgate , and his whole Life was a continued Course of unwarrantable and vicious Practices. He was transported, as in the Indictment, above two Years ago, but not thinking fit to remain in Maryland , or Virginia , to the Expiration of seven Years, he laid hold on the first Opportunity of returning to England , and then betook himself to his old Course of Life, to cheat, steal, and rob upon all Occasions whatsoever, being acquainted with Gangs of the most notorious Thieves and Robbers; amongst others, he turn'd intimate with the Coiners of counterfeit Guineas and other Money, who employ'd him to get off bad Guineas; but in passing one of them upon pretence of buying something in a Shop in the City, Traders and Dealers being too often imposed upon, and losing considerably by such straggling Rogues, which puts them pretty much upon their Guard in receiving Money, he was taken up upon Suspicion of being a Coyner, or at least concerned with that Set of People, and committed to Newgate, but the Mint not finding sufficient Proof against him, in these Matters of Coyning and passing bad Money, they prefer'd an Indictment against him for returning from Transportation before the Expiration of the Term of seven Years, contrary to the Statute in that Case made and provided; and this being evidently proved upon him, cut him off as one of the most useless and destructive Members of the Common-wealth. Parker was a very obdurate, obstinate, negligent, and (it's to be fear'd) impenitent young Man, he would make no Confessions, and when I desired to speak with him privately, and (as he was a very ignorant Person, having never given himself Time to think on Religion, and the great Concerns for his Soul) to instruct him in some Principles and Duties of Christianity necessary to be known, he ran away from me. On Sunday Afternoon, the 4th of May, two Days before he died, he went aside, as I was preaching about Death, and a godly Exhortation to all of them, and, to the great Offence of Others; he continu'd a considerable Time speaking about indifferent Things, to a Man behind him. I was a little impatient at this, and reproved him gently, desiring him to compose himself, and think seriously upon his latter End, as having but a few Moments to live; he had the Assurance to speak again, and insult me in the Pulpit; when I made mention of this to him after Sermon, he beg'd Pardon and promised to mind his Soul. He declared himself a Christian, and that he died in Peace with all Men. Thomas Clements , late of the Parish of St. Clement Danes , Butcher , was indicted for that he not having the fear of God before his Eyes, but being moved and seduced by the Instigation of the Devil, on the 22d Day of February, in, and upon William Warner , did make an Assault, and with a certain Knife, made of Iron and Steel, value 6 d. which he the said Clements had, and held in his right Hand, towards the said Warner, did cast and throw, and him the said Warner, with the Knife so cast and thrown, on the left Side of the Belly, under the Ribs, feloniously, wilfully, and his Malice afore-thought, did strike, giving him (the said Warner) with the Knife as aforesaid, on the left Side of the Belly, under the Ribs, as aforesaid, one mortal Wound, of the length of one Inch, and of the Depth of three Inches, of which mortal Wound, from the 22d of February, to the 14th of April, he languish'd, and then died, in the Parish of St. Bartholomew the Less , London . He was a 2d Time charged by Virtue of the Coroner's Inquisition for the said Murder. 4. Thomas Clements , 46 Years of Age, of honest Parents in Town, who gave him good Education at School, to read, write and cast Accompts for Business, and had him instructed in the Christian Religon. When of Age, he was put to a Butcher in Clare-Market , and served his Time honestly with Approbation; then he set up in Clare-Market , and afterwards married a Wife, by whom he had eleven Children, who are all dead: He lived well and kept a good House, was very honest in his Dealings, for which he had a good Character of every Body; but of latter Years, he was mightily addicted to drinking, and, as some who knew him well, told me, he was commonly drunk. This poor unhappy Man often used his Wife very ill; particularly one Time when she had not lain in about two or three Weeks, he came up to her Bedside, swearing and cursing her after a terrible Manner, that for fear he should do her a Mischief, she got out of Bed with the Infant in her Arms, and went down with a Rope which goes along the Stairs to avoid him; and several Times he has thrown the Choping Knives at her. He cared not what he did when he was in Liquor, but behaved like a Madman, and one out of his Senses, which made him uneasy in Company, and to do a great many out of the Way little Things, and to express himself very undecently, to curse and blaspheme at a prodigious rate, so that he was lookt upon as a very irregular Man, and unaccountable in many of his Actions; and these Miscarriages were the Occasion of all his future Misfortunes; yet untill he happened to commit this Murder, he never did harm to any Body. The deceas'd William Warner was always in good Friendship with Clements, and they were often, nay daily and hourly in Company together, so that there could not be any premeditated Design of Murdering him (as he said.) Clements and Warner had din'd and drank together five Minutes before the unhappy Accident happened, of which he pretended to know nothing of, being so very much in Liquor. Warner was a Butcher , and was employed by Mr. Clements, and several other Butchers in Clare-Market , to cut their Meat, and he used to call Mr. Clements his kind Master, who was generous in giving him several Things. Warner went out of the Company, and a little after Clements followed him, and he designing to sell a Tongue, Warner told him the Tongue was already sold by his Wife, to a Customer, he alledg'd the Contrary, intending to keep the Money for his own Pocket; some few Words passing between them upon this Head, Clements took up off the Table his great cutting Knife, just come from sharpening, and threw it upon Warner, it stuck in the Left-side of his Belly under the short Ribs, Warner pull'd it out, and then he bled plentifully, and the Caul came out off the Wound to the bigness of an Egg; he fainted and sunk down, they carried him to Mr. Biggs, the Surgeon, whose Man sew'd up the Wound, and then he was carried to Bartholomew Hospital , where he lived from the 22d of February, the Day he was wounded, to the 14th of April, the Day of his Death. Warner was sometimes like to recover, and it was design'd to bail Clements out, and Mr. Warner was willing it should be so done, desiring a Friend who came to visit him, in the Hospital, to be one of Clements's Bail, and when he was dying, he said to some who came to see him, that he no ways desired Mr. Clements to suffer or die for him; but one of the saddest Articles against Clements was, when the Neighbourhood took Warner to the Surgeon, Clements went after the Mob, and by the back of Mr. Bigs's House, in the hearing of two Women who live thereabout, he said, G – D - you, I said, I wou'd do it, I have done it, I wou'd, I will do it, or Words to that purpose, repeated two or three Times. All this might be the Effects of Drink, not knowing what he said, but this is no Excuse. The first Sunday Mr. Clements did not come up to Chapel, being a little indisposed; he came up on Monday Afternoon, and when I spoke to him, he was mightily concerned and wept, and said, he knew nothing of the Matter, and was very much griev'd and sorry for what had happened, and heartily repented for it, promising all due care in Preparation for Death, and working out his Soul's Salvation by the Grace of God, hoping in the Mercy of God through Christ. He behav'd well under Sentence, and declar'd himself sincerely penitent for all the Sins of his Life, especially the crying and grievous Sin of Murder. He believ'd in Christ our only Saviour, through whose Merits and Intercession he hop'd for Salvation, and died in Peace with all the World. His only excuse was, he had no premeditated Design, and lov'd, and was always ready to do Favours to the Deceas'd Mr. Warner. He was much more humble and Submissive than the rest. John Hyde , of Harmonsworth , was indicted for assaulting William Austen , on the King's Highway, putting him in fear, and taking from him, 7 s. in Money, a Piece of silver Coin, value 6 d. and a piece of Copper Coin, value one Farthing, March 7.. 5. John Hyde , 26 Years of Age, of honest, worthy, reputable Parents, at Reading, in Berkshire , had good Education at School, to read, write, and Arithmetick for Business, and was instructed in the Articles of our Holy Christian Faith. When of Age, he was put Apprentice to an eminent Plummer , one Mr. Wall, in Piccadilly . When his Time was out, he went down to Reading , in order to follow his Business; but he, unhappy young Man, took more delight in Cock-Fighting, and such Sort of Sports, that he neglected his Business; that it drove him to unlawful Measures to get Money; and getting acquainted with his Fellow-Sufferer Moore, who was a Person ready to go upon any Enterprize in order to furnish himself with Money; they two being together Drinking at a Publick House in Reading , and Mr. Hyde being warm in Liquor, which Moore then thought it was a proper Opportunity to propose to him to go on the Highway with him, which he did after the following Manner: I perceive Mr. Hide, by your Discourse, that Work does not agree with you at all, and I understand you have almost lost all your Business, and Money is very short with you. I can propose a Thing to you, how you shall get Money enough, if you will consent to go along with me. How, says Mr. Hide, Will you be secret if you do not consent to it? The unhappy young Man swore he would. Why then says Moore, Will you go along with me on the Highway? you may get Money enough, and if you prove true, nothing can hurt us. Upon which, without considering what Danger he was going to Plunge himself in, agreed to go along with him, and he and Moore committed several Robberies, which you will find inserted in the Appendix. When I put it to him, that he and Moore had committed abundance of Robberies on the Highway, he did not deny it, and likewise he confess'd the robbing of William Austin , Servant to Esquire Freeman, as mention'd in the Indictment. Mr. Hide, while under his unhappy Misfortune, in the Cells, behav'd as a Man should, serene, calm, and seemingly very sorry for his past Offences. (which I hope was sincere) He always came to Chapel, and behav'd while there very serious and attentive to what was said to him. He believ'd in Christ our only Saviour, repented of his Sins, and died in Peace with all the World. John Moore , of Harmansworth , was indicted for assaulting John Freeman , Esq ; on the King's Highway, putting him in fear, &c. and taking from him a Guinea, and 6 Shillings in Money, March. John Moore , 36 Years of Age, of honest Parents at Reading , in Berkshire , who educated him at School to read, write, and cast Accounts for Business, and instructed him in Christian Principles; and when of Age, he was bound to a Waterman , and serv'd honestly and to Satisfaction. When he was out of his Time, he serv'd in Barges, Boats, and such Vessels as are us'd upon the Thames, and lived well, wanting for nothing; he married a Wife at Reading , who had several Children by him, two or three of whom are still living. While he follow'd his Business, he maintain'd his Family in indifferent good Credit; but he fell into the same Errour with the rest, of adhering to the vilest Company of Men and Women, and he being a Fellow of bad Principles, and most vicious Practices, was willing to comply with all their Extravagancies. Disatisfied with this State of Life, of an idle Disposition, and not willing to work hard, he resolv'd to try the Highway, the last Refuge of all these wicked People, which is sure to bring them to a fatal and disgraceful End. He accordingly was content to agree with John Hyde , his Townsman, to be his Partner and Assistant in committing several Robberies, a great Number of which he own'd himself and Hyde to have committed with him about London , Hounslow-Heath , in Berkshire , and several other Places, they having raing'd over all the Country thereabout. Among other villainous Actions, he confess'd his robbing John Freeman Esq ; upon the 7th Day of March last, at the same Time and Place, betwixt the Hours of 4 and 5 in the Afternoon, when his Partner Hyde robb'd Wm. Austen , a Servant of Mr. Freeman. He came boldly up to Mr. Freeman's Coach, and demanded their Money and Watches, Mr. Freeman told him he had no Watch about him, and gave him a Guinea and 11 or 12 Shillings, Mr. Freeman's Lady gave them 7 Shillings, and telling him, the other two Women were only Servant Maids, he took nothing from them and rode off in a hurry. After this, Moore and Hyde fell out upon the Heath, about dividing the Plunder, which a Man upon the Heath was Witness of, but knew nothing of them, and Moore, the strongest of the two, beat Hyde heartily, broke his Head, from which plenty of Blood ran down upon his Face and Back; he went to a Publick House and complain'd of being unmercifully treated by a Highwayman; they did not give him much Credit, but suspected him to be the same Man he was, and that his quarrelling was with one of his own Profession; Hyde insisting on the same Story at the House where he lodg'd that Night; upon Suspicion he was, taken up at Midnight, about one or two o'Clock in the Morning, and brought to Justice: Two Days after this Robbery, Moore was taken, Sunday, March 9, by his own House at Ratcliffe , where attempting to shoot a Pistol in his own Defence, they cut his right Hand and Arm most miserably in several Places to disable him, which kept him in very great Torture and Pain, for almost all the remaining few Days of his Life. Some Days before his Death, the Pain left his Hand and Arm, having got something from a Surgeon who visited him, to make him easie, and he was much better, and while in this pityful Condition, he endured all with a deal of Patience and Submission. He behav'd well, and declar'd he was really penitent for all the Sins of his Life, particularly the many Robberies he and John Hyde had committed in Company together. He died in the Faith of Christ, penitent for his Sins, and in Charity with all Men. At the Place of EXECUTION. JOHN Sawney and John Singleton , were drawn in one Cart; and Thomas Clements , John Moore , and Joseph Parker were in the second Cart; and John Hyde was carried in a Mourning Coach by himself. Sawney having been a Soldier , pretended to be a Protestant, till the Day before the Execution, and made Responses, and sung Psalms with the rest; but after that he appear'd no more, having got somebody of his own Way in Disguise, who attended Singleton, to speak to him; when I asked him, why he did so? he was an ignorant, confus'd Fellow, and could not give a Reason. They had nothing to add to their former Confessions, only Singleton said, he was in Peace with all Men. Thomas Clements had no more Confessions. Joseph Parker said, he hoped God would forgive him, seeing he repented of all his Sins, and was in Peace with all Men. John Hyde said, he would confess what he had to say when all was over, and then he alledged, if any Confessions were printed about him, all was false, although, poor unhappy young Man, to save his own Life, he gave an Information before a worthy Magistrate, of several Robberies which will be seen in the Appendix; and to this John Moore adhered, notwithstanding both of them confessed to me, they committed the two Robberies they died for; and Hyde own'd they robb'd the Rev. Mr. Millar, Minister of Maidenhead in Berkshire, nigh to his own House at Maidenhead, between five and six o'Clock in the Evening, of his Watch, a Whip, value one Guinea, a Wig, &c. and this they owned to Mr. Millar and me: Hyde knew not where these Goods were, Moore having pawned or sold them: When I asked Moore about them, Mr. Millar earnestly desiring to recover his Watch, Moore alledged the Goods were irrecoverable, he having given them to a Man who had left his Lodgings, and was gone out of the Way he knew not whether; neither did they deny their having committed a great Number of Robberies for a considerable Space of Time past, several Months if not Years. I was astonished and surprized at this their Declaration, but being in their last Moments, I did not think proper to give them any Manner of Disturbance. They were all apparently serious, and comply'd with Prayers and Singing of Psalms, and went off the Stage crying out, GOD, be merciful to us! LORD JESUS, receive our Spirits! P. S. The Body of Clements was carried from the Place of Execution in a Hearse to his House in Clare-Market , and Mr. Hyde's to the Queen's-Head in the Old-Baily , in order for his Interment. This is all the Account given by me JAMES GUTHRIE , Ordinary of Newgate . APPENDIX. JOSEPH Parker , was about 32 Years of Age, born of mean Parents in the Parish of St. James's , his Father was a Person who sold Fruit, and carried Links to Buryings. Joseph in his Minority used to attend as a Page when any Person of Distinction was buried; his Father's Circumstances being mean, he cou'd not afford his Son any large Share of Education, so that he was but indifferently taught, and scarce could write his own Name legible. When he was about 14 Years of Age, not caring to be any longer under his Father's Jurisdiction, he ran away and left him, and for some Months went to Sea, as a Cabbin Boy , but not caring for that Employment, he resolv'd to try to live on Shore, and coming back again, he got acquainted with Evan Morgan , a Lad about the same Age with himself, who was very expert at Cards; this Lad and Joseph Parker had got a knack of cutting to any particular Card they had a Mind to, and always kept a particular Pack of Cards for that Purpose, so when they met with any Country Fellow, or others, they used to take him in by cutting a higher or lower Card, as they thought proper; but being but indifferent Artists in this Profession, they was both detected and Parker slip'd off, and Evan Morgan being taken and carry'd before a Magistrate, was in Consideration of his Youth committed to Bridewell to hard Labour for one Month only. Parker finding his Companion detected, and examining the Contents of what he had won, found that he was Master of upwards of 40 s. with which he bought himself a Wheel-barrow, and sold Fruit about the Streets ; for the Space of two Years he followed this Employ, till one Christmas getting a Pair of loaded Dice, he play'd with some 'Prentice Boys, and won all their Box Money, to the amount of about 4 l. When the Boys being concern'd at the Loss of their All, and telling the Story of their Misfortune to a Lad of their Acquaintance, a Constable accidentally coming by, who listen'd and hearing the Story, asked them which was the Man? They said, that was the Man, pointing to Parker, who stood at some Distance from them, the Constable immediately walk'd pretty fast towards Parker's Barrow, which he percieving, and seeing the Lads along with him ran away, leaving the Constable in full Possession of his Barrow, and about 3 s. worth of Oranges. After this Transaction Parker left off that Trade and went into the Country, in the Capacity of an Hostler , but being soon tir'd of that Life, he came to London , and getting acquainted with one D – B - they used to resort to all publick Places where there was Raffles, Lotteries, &c. which they made an Advantage of, by the Means of Confederacy, with loaded Dice, &c. These Tricks being pretty stale, they used to go with Thimbles and Balls to Fairs, &c. After this they went upon * Clacking the Countryman, which is thus; Parker and his Companion B - dressed themselves in Liveries like two Noblemen's Servants, then their next Business was to enquire at all Inns about Town to see what Strangers came out of the Country; their next Enquiry was concerning what Business they came upon, and whether they did not want a Place; after they had sounded them, and found any young raw Country Fellow fit for their Purpose, who had brought some Money to Town along with him, they used to take him aside into a Room by himself, and enquire into his Qualifications, and presently told him, after they had first sifted him, that my Lord such a one, naming some great Nobleman, wanted just such a Person as he was, and he should be there upon a Message from his Lord the next Day, and he would speak concerning him, and he did not doubt but he would have the Place the next Day. Upon which Parker and his Friend B - desired the young Man to be in the Way at such a Time, and they would call and let him know their Success; the poor Country Fellows being in hopes of getting a good Place, used to think Parker and his Companion the best Friends they ever met with in their Life, when at the same Time their chief Design was only to fleece them. The next Day Parker wou'd come by himself, and tell the poor credulous Fellows, that he had enquired of my Lord, and that my Lord approved of the Person according to the Description he gave of him so well, that he desired he might see him, (which Time of having an Interview was to be on the third Day from their first getting acquainted with the Countryman.) As soon as he had gone thus far, his *Clacking the Countryman in this manner was substituted in the room of dropping a Guinea, &c. which was about this time a little stale, by Reason of the frequent Publications in the News-Papers. Step was to ask him if he wou'd not go the Town, and if he thought proper, had two or three Hours to spare, which he spend in showing him some Part of London, which commonly is a great Satisfaction Countrymen; as soon as his new Acquaintance Parker had led him to several publick Places, such as the Royal-Exchange , &c. and had tired him in walking about, he used to ask new Acquaintance if he wou'd not go in and drink some Ale, and refresh himself, now the House where Parker usually carry'd the Countryman to, was a House which suited their Purpose, where his Friend B - was waiting ready with a Pack of Cards, which was placed on one Side of the Table, where he sat ready on purpose to entice the Countryman to play; as soon as Parker enter'd the Room, he cast his Eye directly upon his Companion B -, and in a sort of a seeming Surprize, says he, John how long have you been here? he told him he had been there an Hour, and says he, I have been very fortunate, for I have just been playing at Cards and won 5 l. have you so, says Parker, come I'll play a Game with you, and see whether you can win of me, so immediately upon this, Done, says B -, come, says Parker to the Countryman, you shall go my Halves; so they used to play perhaps three or four Games for 5 or 6 s. a Game, which Parker was sure to win. When he had won about 15 or 18 s. I fancy Friend John, says Parker B -, we shall win of you all you have if we go on; come, says B -, I'll with you for more if you think so, so then Parker could get the Countryman to consent, they used to play for six Times the Sum which they at first play'd for, when B - was sure to win; by this Means they often strip'd the Countrymen of what Money they have had about them, to the amount sometimes of 12 or 14 l. at a Time, which they have won by these Means; and when they found that they had no Opportunity of taking Countrymen in this Way by Cards, they used to have Recourse to some other Stratagems, one of which Adventures of that Nature was thus, Parker and his Friend D – B - picking up one Day at an Inn a Countryman who had newly come from Chester, and finding that they cou'd do no good with him by Cards, for he neither cared for playing, going halves, nor betting, upon which they amused him (in the Manner before described) with hopes of getting a Place, and as was before observed, he was to see the Gentleman on the third Day after their new meeting; on the Day that he was to be introduced, Parker comes very early in the Morning, and tells him if he would get up he might go along with him, and have an Opportunity of seeing the Town, and likewise of being very well entertained, for he was going to several Places to buy Jewels and other Curiosities for his Master; the Countryman swallow'd the bait, hurried on his Cloaths, and got himself clean in a trice, in order to accompany this new Acquaintance to see the Town, and likewise to go and wait upon his new Master that was to be, and in order to appear more grand, he put all his Money which he had in his Box into his Pocket, to the amount of about 15 l. when he had so done, away posts Parker and he to several Toyshops; now Parker took the Countryman along with him when he went in to any of these Shops, and said, he was a Servant to my Lord such a one, naming some Nobleman of Distinction, and that he wanted to see such and such particular Toys, which commonly was shown him with much Civility, and after he had look'd over several, he seem'd not to like them, but at last looking upon an Equipage, he asked the Gentleman of the Shop the Value of it, who told him it was worth 20 l. Parker told him, that he would acquaint his Lord, and that he would call to Morrow about it. Now Parker had led the Countryman almost the Town over, and at those Places where he pretended to pay Money, he desired the Countryman to wait at the Door a little till he came out, and then going in to ask some frivulous Question, used to tell the Countryman when he came out, that he had been paying for some Things which he had order'd to be sent Home which was bespoke: As soon as he came out of the Toy-Shop, Parker ask'd his new Friend if he would not accept of a Glass of Wine after their fatiyuing Journey, which the other readily accepting of, so to the next Tavern they went, where Parker called for a Pint of Sherry to refresh themselves, as soon as the Wine was brought in, and the Drawer gone, Parker accosts the Countryman in the following manner, says he, That was a fine Equipage, was it not? Yea, says the Countryman, 'twas wounded fine; Aye, replies Parker, I would have bought it, but I have been buying so many Things that I have laid out all my Master's Money which I brought out with me, except about 10 l. now I know my Master will like it prodigiously. Egad, says Parker, I'll beg a Favour of you, I'll tell you what you shall do, lend me 10 l. and I'll step back and fetch it, and you shall be paid the Money immediately when I come Home, besides, in doing this you make my Master your Friend, for I'll tell him who I borrowed the Money of when we get Home; Come, says the Countryman, we'll drink our Wine out and I'll go along with you; come along, says Parker, but first you'd as good let me have the Money, because I wou'd not have my Master look scandalous in the Shop, upon which the Countryman opens his Purse, and tells him out 10 l. and after paying for the Wine, they went in order to go to the Toy-shop, and as they were going along, Parker espies a House which had a back Door, says he to the Countryman, O Lord! I had forgot, I must deliver a Message here, do you wait at the Door and I'll come out again presently; so in he went, and under a Pretence of asking some frivolous Question, immediately slip'd out at the back Door, leaving the Countryman waiting at the Door leaning against a Post, thinking it long till his new Acquaintance came out to him. Another Time Joseph pick'd up a Country Fellow, and after having some Discourse together, took him to see the Town: Parker carrying him through Drury-Lane , the Countryman espy'd some Ladies of Pleasure very gayly dressed, which made his Mouth water: Wounds! says the Countryman, that's a fine Woman. Parker knowing her, steps up, and tells her he had got a Country Chub, and ask'd her if she'd go and drink a Glass of Wine, and desired her to humour the Joak, and pass for Parker's Cousin. So stepping back again tells the Countryman, that that Lady was a Person of 1000 l. Fortune, and was his Cousin; and he told the Countryman, she seemed to be much taken with his Person, and said he was a very handsome Man, and moreover, added Parker, I have asked her to go and drink a Glass of Wine, will you go also and drink with her? Aye! reply'd the Countryman overjoy'd, with all my Heart. So away they go to a House hard by, and Parker's Friend D. B. attended as a Drawer: After they had drank a Bottle of Wine or two, the Countryman was very much elevated, and began to be very sweet upon Parker's Cousin; in the mean Time Parker call'd about briskly for Wine and Cakes, 'till the poor Countryman got so drunk he could scarce see. When Parker saw that, he ordered the Drawer to bring a Bill, which was thus, and was a very reasonable one. The BILL. For 3 Bottles of Pimponella Wine at 16 s. per Bottle.2 8 0 For 1 Bottle of Cedrus Pono Mandange Domo Wine.1 10 6 For 1 Bottle of Lacrymalis Chrystylla Campeachy Wine.1 5 0 For one Pound of Capacacoow Cakes.1 1 9 Sum Total-6 4 6 A soon as the Countryman looked over this Bill, it made him a little sober: says he, what Rogues are here! Six Pounds for two Hours drinking? s'bleed! I'll never pay it. Hush, says Parker, don't make yourself ridiculous before my Cousin, pay the Money, and I'll tell you how we'll order it by and by. But the Countryman still refusing, and the Lady pretending to be uneasy, handed her out of the Room, and left Friend B-, the Drawer, to deal with the Countryman, who swore, and tore, raved like a Madman: At last the Drawer brought up a Person with a Constable's Staff, which a little mollify'd him, who told him if he did not pay the Reckoning he must go to Prison, which surprized the Countryman to such a Degree, that he opened his Pouch, and told him down the Money; but when he enquired for his Friend Parker, he was not to be found. Parker and B - had for their Shares One Guinea and a Half a Piece, the rest was snack'd between the W - re and the B - d of the House. Parker got acquainted with a Woman of the Town, who used to dress herself in Man's Cloaths; and one Night Parker being in his Livery, meeting accidentally with this Lady, very gay dressed in Man's Cloaths, with a Toupee Wig on, a Sword by her Side, and a gold laced Hat under her Arm, she accosted him in the following Manner: Heyday! Joseph, where are you a going this Way, (which was in Fleet-street) when I sent you of an Errand to St. James's. Joseph stared at her like one Thunder-struck, as indeed he well very might, but she discovering herself, he asked her whither she was going in that Dress, who replied, to the Play house. Joseph accordingly desired he might attend as a Servant, which being agreed upon, he called a Chair, and strutted before his new Master to Coven Garden Theatre, when they came there, the pretended Gentleman fixed himself in a Side-Box, by N -, a noted Toast of the Town, who was very gay dressed with a handsome Gold Watch by her Side, who taking her for a Gentleman of Fortune, thought she had got a very good Gallant, after the Play was over, the pretended Gentleman invited the Lady to with him, who very readily accepted the Invitation: As they were a coming out, the Gentleman's Man Joseph was ready at the Door, and was ordered to call a Couple of Chairs, bidding the Chairman carry them to a noted near the Hay-Market: As soon as they he ordered a very elegant Supper to be got, and Joseph was ordered to attend below till Supper was ready, and then to wait upon his Master at Table: Mean while Supper was dressing, Joseph stepped to an Apothecary's and bought Six-penny worth of Liquid Laudanum: And when he came back Supper being ready, the Cloth and Things were laid, and Joseph attending, and being behind the Lady's Back, he every Time she called for a Glass of Wine, put some Drops of Laudanum in unperceiv'd: As soon as Supper was over, the Lady perceiving herself to be very sleepy, asked her supposed Gallant if he would not go to Bed, which he consenting to, she began to undress herself very hastily, and went into Bed; she had not been there the Space of one Minute, before she fell fast asleep. As soon as the other found she was safe, she called Joseph up Stairs to consult what was to be done; Joseph examining her Pockets, found 5 Guineas and some Silver, and taking the Watch, he went down Stairs and desired to know what was to pay, and was answered 25 s. so paying the Reckoning, and giving the Waiter a Shilling, he ordered him to call a Chair for his Master, which he did, and the supposed Gentleman came down Stairs, and desired that they might not disturb the Lady who had been up all Night, and was gone to Bed, and he would be back again in two Hours Time; so getting into the Chair, Joseph ordered the Chairman to carry his Master to my Lord Palmerster's in St. James's-square, but before they got there, she ordered them to stop, and got out and went away with Joseph to a House near Drury-lane , where they lay together all Night, and in the Morning they divided the Booty, after they had * fenced the Watch. After this Adventure Parker and his Friend B -, went to the House of Mr. Rice Price , a Surgeon in St. Mildrid in the Poultry , and taking the Opportunity of the Master's Absence, sent the Maid for him, pretending they wanted him in a Hurry; and whilst the Maid went to call him, they made off with a Suit of Cloaths and a Case of Instruments. Mr. Rice Price making a strict Enquiry, and offering a Reward for his Things, Parker was taken and committed to Newgate , and at the ensuing * Sold Sessions, which was on Wednesday the 7th of December, in the Mayoralty of Sir John Barnard , was found guilty to the Value of 4 s. 10 d. and received Sentence of Transportation, and was accordingly transported; but Joseph, who had before been to Sea, knew which Way to come back, which he accordingly did some few Months afterwards. After being in London some small Time, he got acquainted with T – B -, J – C -, and S – M -, who put him in a Method how to put off bad Money: There usual Custom was to go to several Places, as Tea-Shops, Milliners, Haberdashers, Grocers, &c. and pretending that they wanted such and such Goods, never laying out above five Shillings at a Time, when commonly they laid down a good Guinea to have it exchanged and when the Persons had almost told down the Change, they used to say, I believe I have Silver enough, and desire the Guinea again, and when their Guinea was returned, they used to pretend to recollect themselves, and say, Now I think on't I had as good have Change, and instead of returning the good Guinea again, they used to give a * Queer One. This Practice Joseph followed for upwards of a Year and a Half, and most of the Time he kept with his Companions aforementioned, but upon some Disgust or other they seperated, and Parker shifted for himself. Parker being thus left to shift for himself, used commonly to dress himself as a Gentleman's Servant, or a Tradesman with an Apron on, and used to go about in an Evening sometimes to one Shop, sometimes to another, and he had very nigh been detected in the following Manner. He one Day went to a Grocer's Shop, and after agreeing with the Person of the Shop for a Quarter of a Pound of his best Tea, and flinging down a good Guinea, asked for Change, which the Man was going to give, and just as he had changed the Guinea, Parker pretended to recollect that he had Silver enough, and asked for his Guinea again, at which the Man looked wishfully at him, and in a Surprize asked him if his Name was not Parker, which so confounded Parker, that he did not stay to give him an Answer, but snatched up his Guinea, and marched off with the utmost Precipitation. Parker whilst he followed this Employment, used every Day to shift his Dress, and disguise himself by blacking his Eye-brows, so that he might not be known if he was met in the Day Time, and great Success he had, for he has publickly said he has put off upwards of seven hundred bad Guineas within this Year and a half. He was detected on Saturday, January 4, for going to the Shop of Mr. Stanton, at the Three Crowns in Cheapside , near St. Paul's-Church-Yard , and pretending he wanted a Necklace, Mr. Stanton shewed him several; at last he pitched upon one, and when he had agreed on the Price, he put down a Thirty-six Shilling Piece, and desired Change; and after Mr. Stanton had given him a good Guinea, and some Silver, as he was going out of the Shop, he suddenly turned himself about, and pretending to recollect himself, said, I believe I have Silver enough, and would not have Change, so laid down the Money he had received, but instead of laying down the good Guinea Mr. Stanton gave him, he laid down a Shilling double gilt over, and the Scepters raised on the reverse, which Mr. Stanton discovering, immediately laid hold on him, and he was carried before a Magistrate, and committed to Wood-Street-Compter, and at the Sessions following at Guild-Hall , was convicted and was ordered to be imprisoned a Twelvemonth, and to find Security for his good Behaviour for a Twelvemonth afterwards. During his Confinement a Bill was found against him for returning from Transportation, whereupon he was capitally convicted, and received Sentence of Death accordingly. The following is an Account of Sawney. This Sawney was concerned with one Mitchel a Soldier, since transported, who was tried in December Sessions for breaking open Sir Fisher Tench 's House in Hatton-Garden , and robbing it of Things of a considerable Value, had the good Fortune to get off for that Time. Divers Robberies Miel and he and one Ishmael Taylor (who was sometime since transported likewise) committed together, and in particular that upon one Mr. Benjamin Lee ; they one Night watched him out of a House near St. George's Church , and as he was going towards the Dog and Duck , when he had got within a * Bad, Counterfeit, False one. few Yards of that Place, Mitchell walked pretty fast by him, and as soon as he had got a little beyond him, up comes Taylor, and tripped up his Heels, and when he had so done, Mitchell pretended to look back as if by Accident, and immediately returned, pretending to see what was the Matter; by this Time up comes Sawney, who fell likewise upon Mr. Lee. Whilst they were upon him, Mitchell pretending to assist Mr. Lee, and take the other two off, found Means in the Scuffle to take his Watch and some Silver out of his Pocket, and when they had all three got what they could, they made off; but the Man recovering himself, and finding his Watch and Money gone, called out very lustily, Stop Thief! Upon which being closely pursued, they all three fled seperate Ways, and Sawney taking down a wrong Turning, where there was no Thorough-fare, when he found he could not get through, walked very leisurely back again, and just as he had got half Way up the Alley, the Pursuers cried, Here I see one go down this Turning, and immediately turning down, met Sawney, who had got up almost by this Time out of the Alley, when one of the Men laid hold on him, and presently several assisted him; Sawney at the same Time crying, What's the Matter, Gentlemen? What would you have? You see I am but just coming from visiting a Friend in this Place; but, notwithstanding, they said hold him fast, and some more of you go down and search at the End of the Alley, for they cannot get through; in the mean time they dragged him to a Magistrate, but he not being in the Way, Sawney was put for that Night in the Cage, but Taylor and Mitchell got clear off, and missing their Companions, Sawney at the usual Place of Rendezvous, they came over about One o'Clock in the Morning with Saws, in order to release their Friend Sawney, but being disturbed, and he having just Time enough to tell them the Circumstances how he was taken, they told him to persist in what he had said and they would get a Friend to appear for him in the Morning, and then he would be discharged, but if he offer'd to * Puff, they told him they would blow his Brains out, and as was observed before, they being disturbed by their Saws making too great a Noise, they was obliged to retreat, and going to their place where they usually † Fenced the Things which they got. Upon letting the ‡ Fence have the ‖ Scout for about One Guinea and a Half, which was worth about Five, he promised to assist them in getting off their Companion in the Morning. Now this Person liv'd in the Lane where Sawney run down. In the Morning he was carried before a Justice of the Peace, and Mr. Lee not taking upon him to swear (it being a very dark Night) to his Person, he was discharged upon J - J - nes's, which was the Fences Name, giving him a Character, and saying, he had just been at his House upon some Business that Night. As soon as he was discharged, he went in quest of his two Companions, and finding them, they made themselves very merry at a Boozing Ken, but they told Sawney, they had given the Fence, the Scout to appear for him, so they sunk him out of his Share in that Booty. An Account of John Hyde . JOHN Hyde aged 26, born at Reading in the County of Berks , of very reputable and worthy Parents, John being the eldest Son was kept to School some Time, at a School in Reading , where he learnt to Read, Writ and cast Accompts, when he was of fit Years he was put Apprentice to a Plummer in Piccadilly , with whom he served his Time, tho' he was often in the Time of his Apprenticeship, detected in stealing Lead from his Master, and he being a good natured Man, put up with this Usage from Time to Time, upon Hyde's promising to amend for the future. On Sunday last his Master and another Gentleman came to see him, and he acknowledg'd to his Master, that when he was his Apprentice, he robb'd a Gen * Blow, or discover, or make himself an Evidence. † Where they sold their Things. ‡ One that buys stole Goods. ‖ Watch. tleman who lodg'd in his Master's House of a Gold Watch, and wore it two Year, and then sold it for 8 or 10 Guineas. When his Time was out, he left his Master and went down to Reading , where he worked Journeywork for 2 Years, at the latter End of which Time he married a virtuous, sober young Woman, who lived with an Uncle at Reading, her Father is a Farmer in the County of Hants; it being not in her Father's Power to give her any Thing, her Uncle with whom she lived at Reading, gave her 150 l. with which Mr. Hyde took a Shop, and set up Master for him self, (Hyde has had two Sons by her, both dead) and in this Station lived three Years, but minding Hunting, Horse-Racing, Cock-Fighting, &c. more than Business, run out all his Wife's Fortune, besides what he had of his own. One John Moore a former Acquaintance of Mr. Hyde's, hearing of his bad Circumstances, desired to speak with him, upon which Hyde and he went to an Ale-house in the Town, where Moore asked him how Business went. Hyde complaining very bad, Moore told him he could tell him how to get Money, Hyde being willing to know, Moore asked him, if he had laid any Water Pipes any where in Town, if you have you may go and take them up in the Night, and accordingly he put his Design in Execution, and took up all the Pipes he had laid in Town; as soon as they were missed, Search was made, and the Lead found in Hyde's Custody; upon which Hyde to save himself, charg'd a poor innocent Man who lived with him; this being alarm'd about Reading , he immediately left the Town, and came to London with Moore, Hyde being afraid to be seen, desired Moore to carry him to some Place, Moore being acquainted with one W - ff, who lives over the Water, carried him there, telling W - ff he was oblig'd to fly for Debt, W - ff pittied his Condition, and entertained him. Money growing low, Moore proposed to go on the Highway, and he keeping a Horse of his own, Hyde borrow'd W - ff's, under a Pretence of going to see his Friends; in this manner they continued to rob for some Time, and getting several Watches, they desired W - ff to take and dispose of them in Holland. By this Time Hyde had got 20 l. by him, W - ff desired him to take a Trip and dispose of the Watches himself, Hyde agreed to go and lay the Money out in Tea; when Hyde arriv'd in Holland , he forgot his new Business of a Smugler, and thought upon nothing but seeing the Country, and getting in Liquor. When his Money was near gone, he wanted to come back to London, and for that End came to Dartford , where he met with Baby Bird, they being old Acquaintance, were glad to see each other, Baby had then taken his Passage, and would be glad of Hyde's Company, but there being no Conveniency in that Sloop, Hyde took his Passage in another, which was to sail at the same Time; when they arriv'd at Gravesend , Hyde was taken out of the Sloop on Suspicion of being Peter Chamber lain , and was brought to Town with Baby, and was kept in Custody of the Messengers 4 or 5 Days, (during which Time he had the usual Pay) He and Baby being carried before Justice Devil, where with some Difficulty Hyde got discharg'd by sending for a Cousin of his to speak for him. Hyde was no sooner discharg'd, than he went to his old Companion Moore, and agreed to go on the Highway, Hyde not having one Farthing of Money left. The Information of John Hyde , Plumber , taken before me one of his Majesties Justices of the County of Middlesex. THIS Informant, on his Oath, saith sometime in the Month of September last, John Moore , Bargeman , (now in Custody) and he went out in Company together in order, and with an Intent to rob on the Highway, and that since their said setting out as aforesaid, they committed the several Robberies following, but on what particular Days this Informant cannot tell nor doth remember otherwise than as the same are herein after expressed, that is to lay. They robbed two Men near the Powder-Mills, on Hounslow-Heath , of two Shillings and some Half-pence, which Money the said Moor took from the said Men, and divided the same equally between him and this Informant. That the said John Moor , about six a Clock in an Evening, assaulted a Gentleman near Cranford-Bridge , and robb'd him of a Watch with a Golddial-plate, a Shagreen case, a Green string, and twenty-one Shillings in Money, and the said Gentleman, did then, and there, take out of his Pocket, the Key of his said Watch, and gave the same to the said John Moor , and declared that he was a Linnen-Draper near the Old Change, London; and the said John Moor gave this Informant half a Guinea in part of his Share, and kept the said Watch under Pretence of disposing the same. That another Evening, about duskish, they assaulted and stopt three Persons on Hounslow Heath , who seemed to be two Drovers and their Servant, from one of which Drovers, the said John Moor , took a good deal of silver, and this Informant took about forty-Shillings from the other and a Pocketbook, with an Almanack and several Papers which were burn'd at the said Moor's House or Lodgings at the Horse-shoe and Magpye , in Vine street Bloomsbury , and afterwards, the same Night, the said John Moor robb'd a Gentleman of five Guineas and a green Purse, which said Money, so taken, from the said Drovers and Gentleman, as aforesaid, amounted to the Sum of twelve Pounds and upwards, and was divided next Morning at the said House of the said John Moor , in Bloomsbury aforesaid, and this Informant had six Pounds to his share. That they stopt a Man on Hounslow-Heath , in the Night-time, and the said John Moor took a Pair of silver knee-buckles from him, which he kept, and the said Person told them, he was a Drawer at the Christopher in Eaton. This Robbery was committed on the 18th of October last, being Fair Day. That they stopt a Drover on the said Heath Night and the said John Moor , robb'd him of ten Shillings and Six-pence, and kept the same. That the said John Moor , robb'd another Drover on the said Heath of five Pounds and five Shillings which was equally divided between him and this Informant. That they robb'd a Waggoner at Night on the said Heath, of the Sum of four Pounds in Gold and silver, of which the laid John Moor took the Gold, and this Informant the silver, and the same was equally divided between them. That they stopt two Gentlemen near Butchers-Grove , and did not rob them, but said, John Moor told this Informant, that he cut one of them with his Hanger, and the other's Horse ran away with him. That they stopt a Butcher of Colebrook, and Moor took from him (as he told this Informant) about fourteen or fifteen Shillings, which was equally divided amongst them. That in a Morning they stopt a Coach and Six in Maiden Head-Thicket , before Day-light, and this Informant took from one of the Persons in the said Coach Four-pence Half-penny, and the said John Moor , took from the rest (as he told this Informant) the Sum of fifteen or sixteen Shilling, which they divided equally; and afterwards on the Night of the same Day, they stopt a Collar-Maker, who lived at Maidenhead, and a Clergyman in a Lane near Hounslow-Heath aforesaid, and this Informant took the Clergyman's Watch, which fell in the Road and was left there, and the said John Moor afterwards return'd and took the Clergyman's Wig, as he told this Informant, and the said Collar-Makers Money fell into the said Road, but how much there was of it, this Informant doth not know. That on a certain Evening, near the Sign of the three Pigeons on the said Heath, they stopt two Men, and the said John Moor took a Pair of Women's Clogs and some Silver from them; but how much this Informant doth not know. That they stopt a Gentleman's Servant, on the said Heath, and the said John Moor took 30 Ells of Holland, which was for Aprons, and left the same at one Mrs. Rogers's, at the Rising-Sun in St. John's-Street , to be disposed of, but what became of it this Informant knows not. That they stopt a Man in the Night, near London , and this Informant took his Wip, and the said John Moor took from him 5 Shillings, which they divided equally between them, and this Informant kept the said Wip. That they stopt 2 Men on the said Heath in the Evening, from whom the said John Moor took some Silver, but this Informant knows not how much. That on Friday the 7th of March Instant, the said John Moor , did in the Afternoon of the same Day stop a Coach on the same Heath, with a Gentleman and Lady therein, but this Informant doth not know what Money or how much the said Moor took from them. That afterwards, the same Day, they stopt a Chaise with 2 Ladies therein, and this Informant took some Money from them, but being then in Liquor he cannot remember how much. That afterwards, the same Day, near the same Place, they stopt a Man, and this Informant took some Money from him, but for the Reason aforesaid, he can't remember how much. Ex. S. K. An Account of Robberies committed by Moore and Hyde. AS they were a-going to Hounslow-Heath one Morning early, they stop'd one Mr. Smither's, of Farnham, a Higler, near Turnham-Green , from whom they took some Silver; a few Days after they stopped him a second Time, near to Bellfound , this was about five in the Morning, though they did not intend to have stopped him, but being duskish, could not see; their Mark was at a Gentleman who was to come that Way with three hundred Pounds, Hide rides by him, and calls to Moore, that is not he; when Moore passed him, says he to Hyde, D - n your Body, it is him; and accordingly Moore rode back and robbed him; the poor Man begg'd hard to let him go, as they had robbed him but a few Days before. Hyde would not have robbed him but Moore insisted on taking what he had, and accordingly took a Guinea and some Silver, which made with what they took before, 40 s. Hyde came up and out his Bridle, and ordered him to ride on softly, and if they had good Success in the next they met, he should have his Money return'd, but never had; the Man uses Chire-market, as a Higler; he has 12 small Children to maintain. Another Time as they were coming over the Heath, they met a Gentleman who had been at Staines to receive a Sum of Money, but was disappointed; it being Night, the Gentleman struck over from the Powder-Mills for Twickenham, where he lived; Hyde met him, and pass'd him; just as he came to turn the Cause-way, the Gentleman rode into a about immediately, and ordered him out of the Pond, and desired his Money; the Gentleman directly came out, and gave him all he had which was 2 s. 2 d. Hide not being satisfied with this, searched him, not finding any more Money about him, took a Gardener's Knife from him, with which Hide cut the Bridle; the Gentleman is a Glazier at Twickenham, he was to see Hyde, and related the Story Verbatim it is here. The Gentleman very well knew Hyde, by reason his Mask droped off his Face, and the Moon shone very light: Moore was all this Time at a Distance watching for another Booty. Another Time as they were riding over the Heath (which was their daily Practice) they me a Gentleman's Gardiner , one Peter Thompson , who lived at Staines , they robbed him and dismounted him; soon after, came the Post-master of Staines from London towards Home, the met him near the Powder-Mills; Moore as he generally did, rode up to him and bid him stop, the Post-master making some Resistance, Moore fain would have shot him, but through the Persuasion of Hyde, forbore, they took from him a Guinea, &c. He was to see Hyde in Newgate, but did not know him: It is to be observed, that Peter Thompson the Gardener , after he was robbed himself, and dismounted by Hyde and Moore, was walking after his Horse on the Heath, when the Post-master came up with him, accused him of being the Man who had robbed him, having a Grey Horse, as Moore had; the Gardner was tryed for the same, and acquitted. * And the last Time before they were taken, as they were coming up with several Coaches to rob them, Moore was first, Hyde following close upon his Heels with a cocked Pistol in his Hand; by Accident, as Hyde says, the Pistol went off, and shot a poor Man who was attending of Sheep on the Heath; the Man asking Hyde what he did that for? Hyde turning about dropt his Hat, and told the poor Man if he did not immediately give him his Hat, he would shoot him again: Moore all this Time was robbing five Coaches, which Moore said had but very little Money, which occasioned Dispute between Hide and Moore and Hyde living at Reading , used to all about the Country, and once in particular they went to Great Marlborough , the next Morning they met the Bath Coaches, which were five in Company, besides a Lady's Chariot; about 10 they met them on the Downs, Moore comes up to the first Coach and demands their Money and Watches; whilst Moore was robbing the first Coach, Hyde went to the others, and desired them to get ready their Money; when Moore came up to the Coach, he was masked with a leather Mask, he put his Reigns over his Pistol, and put his Hat into the Coach, the Gentlemen immediately, which were six in Number, all readily, except one, gave their Money, and one Gentleman put in some Half-pence, upon which Moore flung them all in the Dirt, asking what they meant by giving him Half-pence; they got out of that, and the other five Coaches, to the Sum of 50 l. tho' one Gentleman in the first Coach gave nothing; the Lady's Chariot, which was last, they got no more than 4 s. at which Moore got into the Chariot, and put his pistol down her Bosom; she declaring, she had no more Money, but would rather they would kill her, than use her ill. The last Time he ever went out on the Highway, just after they had taken a Booty of about 20 l. he suspected (as Moore took the Money) that Moore had sunk on him, and as they were riding along a Lane one side of Hounslow-Heath , Hyde told Moore he had sunk on him; says Hyde, if we rob all the World, don't let us rob each other, as the Old Saying is, There is Honour amongst Thieves. Hyde insisted that Moore had sunk him of some Money; upon which Words arose, and soon after came to a Engagement with Pistols and Hangers: Moore disarmed Hyde, and left him for dead on the Ground; Hyde at his going off fired a Pistol at Moore, which missed him, then Moore returned, and wanted to make it up, but Hyde would not. During all this Scene, there were two Labouring Men the other side of the Hedge, who heard all that passed: Hyde with some Difficulty mounted and rode towards Danley Lodge , and Moore for London : As Hyde was riding over the Heath, up came the two Labourers, What's the Matter, says they. I have been robbed, reply'd Hyde. When he came to Danley Lodge , he continued in the same Story, being very bloody and in Liquor, was put to Bed, in a short Time came up the two Labourers to the Lodge, and hearing he was there, related what they had heard pass between him and Moore. Whereupon they went in Pursuit of Moore, who was gone off for London, and coming to a House in the Road where they used to use, the Pursuers Enquired if he knew any such Persons? Yes, reply'd he, they are Highwaymen: Hearing of this they return'd to Danley Lodge , and secured Hyde, and carried him before Justice Bulstroud, who committed him to Newgate on the Oath of a Shepherd, who he shot at on Hounslow-Heath , and lodged several Slugs in the Sleeve of his Coat; the poor Man asking what he did that for, upon which he threaten'd to shoot him a second Time. The next Day after his Commitment, at the Request of some of his Friends, he was carried before Justice Poulson, there he impeached Moore; though the Justice took his Examination, he would not give him his Oath. A few Days after Justice Poulson and Sir Thomas Reynolds sent for him to the Fountain Tavern , and told him, unless he could make a further Discovery, he could not be admitted an Evidence. During his Confinement before his Trial he did not behave himself, so well as a person ought to have done under those unhappy Circumstances, which poor young Man he was in.

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OA16860120

The True ACCOUNT of the Behaviour and Confessions OF THE Condemned Criminals IN NEWGATE, VIZ. John Dikes , Thomas Broughton , John Paine , and Sarah Walker , OF WHICH Thomas Broughton , for a Rape Committed on the Body of Catherine Phrasier , of about 7 Years of Age, and John Paine , for Stealing of two Horses were Executed on Wednesday, January 20th. 1685. AT TYBURN. AT the Sessions in the old-Bayly, on the 15th. and 16th. of Days Junuary, 1685. These four Persons received the sentence of Death, viz. John Dikes for High-Treason, in Clipping the Kings Coin, Thomas Broughton for a Rape committed on the Body of a Girl of seven Years of Age; John Payne , for stealing two Horses, and Sarah Walker for Felony. It is observed that frequent Examples of publick Justice, have not been hitherto sufficient to deter some Persons from committing very Soul Capital Crimes. The Ordinary to prevent false Stories of such, thinks fit to give this Advertisement, that the true Account of their Behaviour and Confession, (as taken by him in Writing from their own Mouths) is attested under his own Hand, which Account may be a useful Service, to reclaim Vicious Youth; by forewarning them not to fall into the same Crimes left they draw down the snare of an ignominous Death upon themselves. This Account therefore the Ordinary now gives, that on the last Lords Day being the next Day after Condemnation, he endeavoured to make the four mentioned Malefactors sensible of their several Crimes; and withal sollicited them to look back on the whole course of their Life, in as much as the just God never leaves Sinners destitute of his preventing Grace, till they first harden their own Hearts indulging themselves in some secret Sins, thereby strengthening Vicious Inclinations in themselves, by considerable degree of Atheism, because they are not for some time Discovered and brought to publick Shame. The Ordinary on the Lords Day Read the sacred Offices of the Church, and Preach'd also twice to the Prisoners. His Text was in the 13th. Chapter of St. Lukes Gospel, and the 24th. ver. viz. Strive to enter in at the strait Gate, for many I say unto you shall seek to enter, and shall not be Able. From which he treated of these particular Proportions, First that it is a very difficult thing to get to Heaven. Or the way to Eternal Happiness, is through the strait Gate of an holy frame of Heart, and a mortified course of Life. Strive to enter in at the strait Gate, &c. There are many Zealots whose strictness is not commanded by God, but is of their own Invention. This is to presume to climb up to Heaven by some specious false way, by a posterne Gate, not prescribed nor instituted by the sacred Oracles of God. The direct lawful and safest means of entrance into Heaven, is the impartial discriminating Gate of Faith, Repentance; Self-denial, Mortification of every defiling Lust: For none can enter into Life Eternal for any fond favour, partial Affection or by pleading the merit of any Saint, but such only who can shew the mark and Seal of Christ’s renewing Spirit upon their own Hearts. Here the Ordinary demonstrated the many narrow strict Passages, in which some strick and cannot go thorough. First few by Regenerating Grace (which implants the New Divine Nature) proceed to mortifie such Lusts which are rooted by an habituated Custome. True Christianity oblieges to offer an Holy violence to Natural Corrupt self, and not to trust to the highest attainments in a Righteous course of Life. Yet self Justiciaries, while they make this a sufficient and meritorious passPort to Heaven, despise Christ's imputed Righteousness, as a putative seign'd Riddle. Yet must we not so absolutely rely on Christ’s Merits as to neglect the relative Duties of the Christian State; but must resign our wills to the obedience of Gods Laws, to prove the truth of our reliance on his Mercy. We must level all our Natural Civil and Spiritual Actions at Gods Glory, as the mark and center of our Salvation. We must return Kindness to our bitterest Enemies, this is truly Christian, and carries a singular stamp or the Divine Nature. Another strait Gate, is to abridge our selves of things Lawful, if they be not expedient; yet to do our Duty Hourly, exactly, and with Delight, not regarding tho it be Censured as a piece of Morosity and Hipocricy: Also to forsake all things for Christ, counting them to be but Dross and Dung to preserve the integrity and peace of a good Conscience: To imbrace Christ by self-denial, without taking any exception at the Cross, so as to fall off from the profession of his pure and strict ways. To suffer for Christ and Righteousness sake is the most glorious passage in a Christians whole Pilgrimage, and as honourable as the priviledge of his Baptism. The Lord appoints these strict Passages to Heavenly Glory, that there may be some fitness of Conformity, betwixt the means and the End. This more endears the reward of eternal Life; for things easily obtained are not Prized. Hereby Christians are quickned to industry, and leveled to Humility, in the fight and observation of their Defects. The difficulty also of Salvation, causes us to set an higher Estimation on Christ and sure Grace, because from him we derive all that Strength whereby we strive, and in him we find Acceptation, so as to be admitted when the Gate is strait and narrow, suspicious Persons cannot so easily slip in, and Lazy Persons are kept out: even Earthly Prizes, and Advantage are not won without much Striving and selfdenial. They who run in a Race, observe set Laws. I. Cor. 9. 24 25. Mortification of Lusts, and the severe duties of Religion are that very way which the Saints in all Ages have chosen to walk in, toward Heavenly Glory. Christ's Commands are not Grievous, but Pleasant, as far as they are Renewed: They delight to be under the conduct of Christ’s Spirit. To live by the Divine Law, to work by Christ's Copy and Example. Salvian says his commands are not Fetters, but Ornaments; they are suited to the humane Nature, not to oppress but guide it as renewed to eternal Happiness: serenity of mind in an holy course of Life, may prevail with us to persevere in it against all difficulty, and Opposition. Yet Obdurate Sinners exercise much Violence upon their Confidence while they indulge themselves in a sinful sensual course. It is an harder task to please any Lust, than Christ. Usually our temporal Interest, and welfare in the World, falls in with the ways of Holiness, also there is no comparison betwixt the trouble of Obedience, and the pains of Hell. The sorrow of Repentance, and austerities of Mortification, restore to a sound vigorous constitution of Soul, fit for Divine Service. And Christ hath not denied his Saints any Delight which is truly such, but only those Pleasures which are incompetent for us, as rational sober Persons. Yea how useful is the Cross it self to give us the higher sense of Cestial Pleasures. Upon all these considerations, which attemperate the difficulty of entering into Heaven thorough the strait Gate, it is to be charged upon our foolish sluggish prejudices only, that Christianity is counted a Gloamy Coast, and an unmerciful Task. Here the condemned Prisoners were Exhorted to repent that they had so much neglected and despised the offer of Grace and Salvation. That in stead of an holy Violence to enter into Heaven by the strait Gate of Repentance Mortification, they had rather striven to Raze out the Natural Impressions of Good and Evil. That they had stifled and resisted the Checks of Conscience, and had striven against their Maker himself, even while he sought to overcomes their Stubbornness with his Goodness. That they had turn'd Gods Grace into Wantoness or Sloathfulness, and hereby judge'd themselves unworthy of Eternal Life: But as yet the Kingdom of Heaven suffres violence, in condescending to beseech you to be Reconciled unto God; yea he waites to be Gracious, as Satan watches to Destroy you. And will not you strive to get your Souls disintangled from his deadly Snares? If you strive sincerely to be saved, it shall not be in Vain; the Redeemer of Souls is Almighty, and will cast our Satan, tho he hath long laid a Claim and prescription to you. This was the summary of the two Sermons on the Lords Day, which much awakned the Condemned Prisoners from their Security. On the Munday I Visited them, and after Prayer and Exhortation, Pray’d for them a second time, which prevailed upon them to make freely these Confessions following. John Dikes , Condemned for Clipping the Kings Coin, he said that he was now 33 Years of Age, he was an Apprentice in the Minoryes . Afterwards he was seven years in Imployment for himself. Then he left his Habitation and went into the Dutch Wars , in which service he received one wound in his thigh, and in one arm a small shot after which he returned home again, and upon his deliverance from death in the wars, resolved to live a sober Life, which for sometime he continued in; and did not Converse with any bad company. But being brought into Straights and a Low condition, he sell into the above mentioned Crime for supply of his wants, which he is now heartily sorry for, and doth not disown the Fact but beggs of God to make him truly sensible of this and all other his Sins. He acknowledges, that the Girl arraigned with his was altogether Ignorant in carrying the Clippings to the Goldsmith and his conscience would not suffer him, to lay that to the charge of the Girl which she was Innocent of, and hazard his own Soul in so doing. What small wrong the Girl did to him in the time of her service, he freely forgives her, and begs pardon of the King and all others who have been Injured by his Crime. He desired the Ordinary to Pray for him, that the Mercy of his Repreive may so Affect his heart that no further distres may draw him to Sin and that he may Live more observent of God and the Kings Laws, when he shall be delivered out of Prison, to follow some honest employment tho never so mean. John Paine , Condemned for Horsestealing he said he was borne in Warwickshier , that he is now about 19 Years of Age, that he lived sometime with his Father in the imployment of Husbandry whose good Counsel and Education he refused, and so came from his unto London , where he had the opportunity of falling into bad company, which together with his own evil Inclination, led him to wrong several persons, and thereby to bring himself to publick shame. That he knew not how to desire any thing of his Father, having been so undutiful a Son, and there being several other Children to provide for, which have not been extravagant as himself. He desires that he may repent of his evil courses for if he had lived better he might have more hope of happiness after death. He hath not been free to declare the particulars of his Ill course of life, but faith in General he hath been a great Sinner. Thomas Broughton , Condemned for committing a Rape on the Body of Catherine Phrasier , he said, he was about twenty Years of age, was born in Warwickshire he was an Apprentice to a Taylor in York-Buildings six years. He had a Relation who bestowed some learning on him, as Reading and Writing, which he not Improving, sell into many miscarriages, as false speaking, and drinking somtimes to excesse, and thereby as he says, committed this foul Fact; he had formerly kept company with Lewd Women and committed other secret Sins, for which God hath now brought him to publick shame. Since he was committed to Prison, he says he hath endeavoured to repent of all his Sins. And hath sought to God by Prayer to forgive him all the follyes of his Youth, he hopes he is penitent from the bottom of his heart, for now Sin is more bitter to him, than formerly it was delightful. Now he spends his time in Reading the Bible,, and if he were to live longer, he would make it the Rule of his life. And warns all young persons not to spend their time Idly which begets wanton thoughts that soon break forth into Immodest Actions. Sarah Walker , Condemned for Fellony. She says, she was born in Shrewsbury . Her Mother Dyed when she was but three Years Old, and her Father when she was six, whereby she was exposed to a low condition in the world, she came to London to seek for a Lively-hood and got imployment in selling of fruit, and likewise Coffee at Clarkenwell Green . Afterward she Married a Souldier, who was a kind Husband to his power, but she blames her self for being high Spirited and not so suitable a Wife as she ought to have been. She is sorry that she had Acquaintance with those Persons who occasioned her committing of this Crime she is condemned for; and if her Life be continued, and that she be Transported, she intends never to wrong any Person, but to live Soberly and Honestly, as in Duty she is bound for such sparing Mercy. On Tuesday I Visited them again, and Prayed that God would make them sincere Penitentiaries, and confirm those good Resolutions they had before Express'd. I importuned them to an humble submission to the preceptive will of God; as also to his Wise and Righteous disposal of them, and assured them, that an Holy striving to enter into Heaven by the strait Gate of Mortification, and universal selfdenial, would not only make them Eternally Happy, but would also put an end to all Unchristian Strises, bitter Envying, and self ruinating Animosities: For the alienation of the Heart from God, is the cause of Mens imbittering their Spirits one against another. But would we strive who should be most Humble and only provoke one another to Love and good Works, we should soon become victorious, by Unanimity in the Christian Faith, and in the Exercise of every Christian Virtue over Satan, our inveterate Enemy. This commendable Emulation for superlative degrees in Holiness will not only make us Excel Hippocrites who fall short of Heaven but also open unto us an abundant Entrance into the Glorious Kingdom of the Blessed Jesus. Thus have I given an Account of the condemned Criminals, among whom the Clipper and the Woman Felon being both Reprieved, were the most Penitent, and remain such; being rightly affected with Gods and the Kings sparing Mercy. The Prisoners coming to the Place of Execution, the Ordinary prayed with them. After which, they exhorted the Spectators to take warning (by their untimely Ends) of the Effects of Sin. Then they prayed earnestly by themselves, desiring the People to pray for them; after which they were Executed. Dated this 20th of January, 1685. Samuel Smith , Ordinary . This may be Printed, R.L.S. London : Printed by George Croom , at the Sign of the Blue-Ball in Thames-Street , near Baynards Castle .

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THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, and Dying Words, OF THE MALEFACTORS, Who were Executed at TYBURN On WEDNESDAY the 5th of OCTOBER. BEING THE THIRD EXECUTION in the MAYORALTY OF THE Rt. Hon. Sir JOHN THOMPSON , Knt . Number III. For the said Year. LONDON: Printed and Sold by JOHN APPLEBEE , in Bolt-Court , near the Leg-Tavern , Fleet-street . M,DCC,XXXVII. (Price Six-pence.) BOOKS, Printed and Sold by J. APPLEBEE, in Bolt-Court , Fleet-Street . 1. SELECT TRIALS at the Sessions-House in the Old-Baley, for Murders, Robberies, Rapes, Sodomy, Coining, Frauds, and other Offences, from the Year 1720 to the present Time; chiefly transcrib'd from Notes taken in Court, with genuine Accounts of the Lives, Behaviour, Confessions and Dying Speeches of the most eminent Convicts. These Trials, &c. are not to be met with in any other Collection. In Two Volumes, Price 14 s. These Two Volumes contains the TRIALS of Hawkings and Sympson, for robbing the Bristol Mail, with an Account of all their Robberies. Spiggot, the famous Highwayman, that bore 350 Pound Weight on his Breast. Butler, Bton, Fox, Hawes, Wright-Colthouse, Drury, Warwick, Yates, Armstrong, Beck, Edwards, and many others, all famous Highwaymen and Street-Robbers. Arthur Grey the famous Footman , for Burglary with an Intent to ravish Mrs. Murray. Dr. Kraafe, Pritchard, Simmonds, Cooke, Ellis, and many others for Rapes, all very entertaining. Capt. Stanly, for the Murder of his Whore. Brinsdon, Carry Nichols, Mac Gennis Iterell, the famous Nanny Butler, Vaughan, and Cholmly, (two Constables) Foster Snow , & many others for Murder Major Onlry, for the Murder of Mr. Gower, with his Life. Vy and Hallam, for the Murder of their Wives. Richard Savage . Esq ; for Murder, with his Life. Captain Jane, for Murder Edward Stafford , Esq ; and many others. Sally Salisbury , for an Attempt to stab the Hon. Esq; Sir Charles Burton Bart , for Felony. Duffs, Carid ence, and a great many others, for Sodomy, shewing all the Tricks and Methods used by the Mollies. Squire Day, alias Davenport, for a Cheat, and several others for bilking their Lodgings. Two German Counts, for forging a Bank, Note. Jonathan Wild , for several Felonies, with several Particulars of his Life, never before published. Mrs. Gregory, for marrying 'Squire Cockeril, under Pretence of being a great Fortune. The infamous Catherine Hays , who murdered her Husband, and lay with another Man the very same Night. Mrs. Shenan, for giving Poison to Mr. Chovet. Vevers, the Brick layer, on all his Indictments. Mary Hendron , for marrying Miss Morris to an Irishman, against her Consent. Blind Cowper and Harpham, and others, for Coining. Russel, for a Misdemeanour, in endeavouring to carry away Mrs. Benson. William Hales , Esq ; and Parson Kinnersley, for Forgery. Atkinson, for the Murder of his Mother, at Charing-Cross. With a great Number of diverting TRIALS of Whores, for robbing of those that pick'd them up; and several other remarkable ones for the Highway, Rapes, Murders, Burglaries, &c. Both Volumes containing upwards of Five hundred Trials; among which are upwards of seventy Trials for Murder, near Sixty of Whores for privately stealing, upwards of one Hundred for the Highway, about Thirty for Rapes; the rest being for Frauds Forgery, Burglary, Sodomy Bigamy, Shop-lfting, Riots Misdemeanors, Receiving Stollen Goods, Single Felonies &c. &c. &c. N. B. These Trials are not only very necessary for all Lawyers, Justices of the Peace, Clerks of the Indictments, and other Persons concern'd in Prosecutions, &c. but are very useful and entertaining to the Generality of Readers. 2. SALMON's new Abridgeme; of the STATE TRIALS; wherein are inserted several Trials not in any other Collection; also, some Trials that were taken in Haste and scarce intelligible, are brought into regular Order, and many Deficiencies through ut the Whole supply'd. Likewise REMARKS are made on each TRIAL, shewing what the Law Criminal Cases antiently was, how it has been and stands at this Day; together with impartial Memoirs of the Times and Characters of the Sufferers. To which is added, a compleat Alphabetical INDEX of the Names of the Prisoners tried, the Times when; their Crimes, and their Punishment. Price, neatly bound and letter'd on the Back, 1 l. 15 s. 3. MOGUL TALES, or, The Dreams of Men awake: Being Stories told to divert the Grief of the Sultana's of Guzarat for the supposed Death of the Sultan. Now first translated into English from the French of the celebrated Mr. GUELLETTE. With a Prefatory Discourse on the Usefulness of ROMANCES. In pleasing Tales the artful Sage can give, Rules how in Happiness and Ease to live: Can shew what Good should most attract the Mind, And how our Woes we from our Vices find: Delighting, yet instructing, this our Youth, Who catch at Fable - how to gather Truth. In Two Volumes, adorn'd with Cuts, neatly engrav'd on Copper Plates, Price 5 s. 4. The EUNUCH, or, The Darby Captain; a Farce, as it is acted by his Majesty's Servants at the Theatre Royal in Drury Lane. Taken chiefly from Hautus and Terence, by the Editor of the late Edition of Terence in Three Volumes, Price 1 s. THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, &c. AT the King's Commission of Oyer and Terminer, and Goal-Delivery of Newgate, held (before the Right Hon. Sir John Thompson , Knt . Lord Mayor of the City of London , the Right Hon. the Lord Chief Baron Reynolds, the Hon. Mr. Baron Comyns, the Hon. Mr. Justice Chapple, the Worshipful Mr. Serjeant Urlin, Deputy-Recorder of the City of London, and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex) on Wednesday, Thursday, Friday, and Saturday, the 6th, 7th, 8th, and 9th of July, 1737, and in the 11th Year of his Majesty's Reign. Seven Men, viz John Bullock , John Goswell , Robert Barrow , Martin Wright , John Purdy , John Richardson , and John Baily ; and one Woman, viz. Katherine Lenges , were by the Jury convicted of capital Crimes, and received Sentence of Death. Also, At the King's Commission of Oyer and Terminer, and Goal-Delivery of Newgate, held (before the Right Hon. Sir John Thompson , Knt . Lord Mayor of the City of London , the Hon. Mr. Baron Thomson, Recorder of the City of London, the Worshipful Mr. Serjeant Urlin, Deputy-Recorder of the said City, and others his Majesty's Justices of Oyer and Terminer for the City of London and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex, on Wednesday, Thursday, and Friday, the 7th, 8th, and 9th of September, 1737, in the 11th Year of his Majesty's Reign. Seven Men, viz. John Totterdale , John Cotton , William Clark , John Hickman , Richard Franklin , Dorrel Smalt , and William Jones , were found guilty of capital Offences by the Jury, and condemn'd to die. While under Sentence, they were instructed in the Nature of their Baptismal Covenant, and the Promises made therein to forsake Sin, Satan, and the World. They were informed that Sin was a most high Provocation in God's Eyes, such as drew him to destroy whole Cities with Fire and Brimstone, as we read, Gen. xix. nay, the whole World with Water, Gen. vi. and will not fail to bring down Judgments, and strange ones, on those that continue therein. I convinced them of their Deficiency in the Performance of Christian Duties, and how guilty they had been of the Breach of their Baptismal Vows, and of their State of Infidelity. I proved to them the Obligation all of us are under to keep God's holy Will and Commandments, and to walk in the same all the Days of our Lives, &c. Serjeant Baily and John Totterdale having committed Murder, I represented to them the Nature of their Crime, that it is usurping the special Prerogative of Almighty God, who kills and makes alive; it is an irreparable Loss done to our Neighbour, for which no Manner of Satisfaction can possibly be made; that it was a Transgression of all Laws, divine and human; that it being so very heinous a Crime, the Murderer could expect nothing but a double Degree of Punishment; and its observed, that the Vengeance of God never fails to pursue him even in this World, for the Torments of an evil Conscience, most constantly attend him, &c. They were diligently exhorted to an unfeigned Repentance of all their Sins, and to resolve, by the Grace of God, to forsake them; and in Token of the Sincerity of their Repentance, to renew their Baptismal Vows by receiving the blessed Sacrament of our Lord's last Supper, by which the Blessings of the Covenant of Grace, are sealed and applied to all true Believers. While these and divers other Exhortations were given, they all attended in Chapel, and were very quiet and attentive. John Baily had more Knowledge than the rest; he seemed very penitent, devout, and serious, behaving himself with great Resignation and Submission. Katherine Lenge had a Family of young Children, and the 109th Psalm being read of Course upon the 22d Day of the Month, she wept most bitterly at the prophetick Maledictions denounced therein against God's Enemies, and seemed to be thoroughly affected therewith. Bullock, Barrow, Purdy, and Richardson, were ignorant and illiterate, but they behaved decently. Barrow at first dissembled, and pretended to be so ignorant, as not to be able to understand any thing; but afterwards he appeared to know as much as any of them, and carried himself indifferently well. Totterdale (except 2 or 3 Days) was all the Time sick; he appeared to be a mean cowardly spirited Person, for his Illness did not proceed from Sickness, but from a certain Lowness of Spirit and Dejection of Mind, occasioned by the Torments of an evil Conscience, Furies and Vultures being (as he confessed) constantly preying upon his Heart. Clark and Franklin were sick most of the Time, but they were humble and submissive, and behaved well. Upon Thursday the 29th of September, Report was made to his Majesty in Council, of the Fifteen Malefactors under Sentence of Death in the Cells of Newgate; when John Bullock , for stealing a Mare of a black Colour, val. 5 l. the Goods of John Shortland , in the Parish of Hornsey , June the 10th; Martin Wright , of St. Paul's Covent-Garden , for stealing 8 Guineas, the Property of Roger Applegarth , in his Dwelling-House, June the 4th; John Bailey , of the Tower of London , for assaulting William Burton , with a drawn Sword made of Iron and Steel, which he held in his Right-hand, and giving the said Burton, on the Right-side of the Belly, under the Right-ribs, a mortal Wound of the Breadth of half an Inch, and the Depth of six Inches, June the 20th, by Reason of which he languished, and languishingly lived; from the said 20th to the 21st Day of the said Month, and then died (of which Crime he was found Guilty); William Clark , of St. Martin's in the Fields , found Guilty of assaulting Eman Wilque , in a certain Court, and open Place, near the King's Highway, putting him in Fear, &c. and taking from him a Silver-watch, and Steel-chain, val. 5 l. and a Steel-seal, set in Bath metal, val. 6 d July the 27th; John Hickman , of St. Leonard Shoreditch , convicted of feloniously making and causing to be made a certain false, forged and counterfeit Promissory Note for the Sum of 56 l. &c. and of uttering and publishing the same, knowing it to be false, forg'd and counterfeit, July the 27th; William Jones , found Guilty of privately stealing a Silver-watch, val. 5 l. from the Person of Willoughby Merchant , in the Parish of St. Katharine Cree-Church , September the 7th; Richard Franklyn and Dorrel Smalt , convicted of breaking and entering the House of Richard Walker , about the Hour of Twelve in the Night-time, and stealing thence twelve Yards of Leaden-pipe, and a Brass cock fixed thereto, val. 38 s. the Goods of Richard Hoare and Thomas Smith , June the 4th, receiv'd his Majesty's most gracious Reprieve; the remaining Seven, viz. John Goswel , otherwise Bob the Butcher , Robert Barrow , John Purdy , John Richardson , Catharine Leng , John Totterdale and John Cotton , were ordered for Execution. John Goswel , otherwise Bob the Butcher , and Robert Barrow , otherwise Run-well , of St. George's Bloomsbury , were indicted for assaulting James Christian in a certain open Place, near the King's Highway, putting him in Fear, &c. and taking from him an Iron-key, val. 1 d. a Silk-purse, val. 6 d. five Brass medals, val. 1 d. one Guinea, and 6 s. and 2 d. in Money, April the 7th. 1. John Goswel , alias Bob the Butcher, 24 Years of Age, in April last, born of honest Parents in Town, who gave him good Education at School, in Reading, Writing, and Arithmetick, and instructed him in the Principles of Christianity. At a proper Age, he was put Apprentice to a Butcher in Butcher-Row , whom he serv'd honestly, and his Time being expired, he follow'd his Employment for some Time, and his Masters approv'd of him for his Care and Diligence; but falling into bad Company, he was in a very short Time plung'd into such Courses as brought him to inevitable Ruin. He had been a Master Butcher , and own'd, he might have done very well, had he not been led aside by bad Company, who would not allow him to settle in any Way that had but an Appearance of Honesty. He married a Wife about two Years ago, who, upon his Misfortunes, was so over-whelm'd with Grief and Sorrow, that she died before the Report was made. She told him, it would be her Fate to die before him, of Grief, Shame and Discontent, which accordingly happen'd. He said, that Wilson the Evidence against him, was the chief Instrument in drawing him to Sin, for he used to drink with him to excess, and then would persuade him to go on the Highway, and that Night they robb'd Mr. Christian, they were all very Drunk, and none of them knew what they were doing. He said, he had not committed above two or three Street-Robberies, besides this for which he died; but for some Years past, he confess'd he had follow'd Picking of Pockets in the Evening. In the former Part of his Life, he was not so vicious, but pretty regular, and went frequently to Church; but no sooner did he take himself to bad Company, and a profligate Way of Life, but he renounc'd Religion, Sobriety, and the Fear of God. He lamented, and shed Tears, when he reflected upon the extreme Folly of his Actions, to which he said he had no Temptation, because he might have been in good Business, and have wanted for nothing. He always behaved well, both in the Cell, and in Publick, appearing truly Penitent for the many Sins and Crimes of his Life. He declar'd his Hopes of Salvation through the Merits of Jesus Christ, repented of his Sins, and dy'd in Peace with all the World. 2. Robert Barrow , 21 Years of Age, born in the City of Chester , of honest Parents, who had him well educated at School, and instructed in religious Principles. When he was of Age, his Father, who used the Sea, bound him to a Captain at Liverpool ; from thence he went several Voyages to the West-Indies , and at one Time he liv'd there for the Space of five Years. He was miserably Poor and naked, and was in so very pitiful a Condition, that he declar'd he was willing rather to die than live. He talk'd as if he had good Friends, but that he was asham'd to write to any of them, to let them know the miserable Condition he had reduc'd himself to. He had made a Voyage, and return'd to England half a Year before he was taken up, and coming to London , he fell into bad Company, and among others, with the Evidence Wilson, whom he represented as a most pernicious Fellow, for having, with him, spent all his Wages, which he had sav'd together, amounting to fourteen Guineas, then he was persuaded to thieve and rob with him, and accordingly they went out together, picking Pockets, robbing in the Streets of the City, and stealing whatever they could lay their Hands upon, till Goswel and he were taken up for the Robbery committed upon Mr. Christian, in Bloomsbury-square , and for which both of them were brought to condign Punishment. Both of them own'd the Robbery they dy'd for, and Barrow confess'd that he was a most wicked, abandon'd Youth, and a Disgrace to his Friends and Relations, who are good and credible Persons, and who had given him a sufficient Education, but that his having acted contrary to all their Admonitions and Instructions, had brought him to all that Misery and Distress, which he then most deservedly endur'd. He behav'd well all the Time he was under Sentence, declar'd that he hop'd for Salvation by the Mercy of God, through the Merits of Jesus Christ; that he repented sincerely for all the Sins of his Life, and dy'd in Peace with all the World. John Totterdale , of St. John the Evangelist , Victualler , was indicted for that he not having God before his Eyes, &c. August the 1st, on Mary his Wife , did make an Assault, and with both his Hands, in and upon the Stairs of his Dwelling-house, the said Mary did cast and throw down, and she on the Stairs, so lying, he, the said John, did drag and pull down to the Bottom, and her the said Mary, from the Bottom of the said Stairs, into a certain Room in the said House, did cast and drag, and the said Mary so lying on the Floor, he, with both his Hands and Feet, her Head, Neck, Breast, Shoulders, Back, Sides, Belle, and Thighs, did strike, kick and stamp upon; giving her, as well by throwing and dragging her down the said Stairs, as by stricking, kicking and stamping upon her, several mortal Bruises, of which she instantly died. He was a second Time indicted on the Coroner's Inquest for the said Murder. 3 John Totterdale , 32 Years of Age, of honest Parents, about three Miles from Taunton , in Somersetshire , who sent him to School to read and write, and to be instructed in the Principles of Religion. When of Age he was not put to any Trade, but his Father being a Husbandman, bred him the same Way. He lived by serving Gentlemen or Farmers in the Country some Years, and was looked upon as an honest good-natur'd Fellow. About sixteen or seventeen Years ago he came to Town thinking to better his Fortune in or about London ; all the Masters he served were two Gentlemen, one an eminent Brewer at Knightsbridge, another of the same Business at the Horse-Ferry , Westminster , nigh to which Place he took a House after he had married, and both these Gentlemen were civil and kind to him. He had been married to this Mary (his unfortunate Wife) about twelve or thirteen Years; she was born in King-street , Westminster , and by her has had six Children, two of whom are now living, one a Boy about eleven, another a Girl about eight Years old. He for some Time lived tollerably with his Wife, but they both being given to Drinking, it occasioned many Janglings and Disputes, and he frequently abused her, and often beat her in a barbarous unmerciful Manner; the Disagreement at last grew so great between them, that the poor Wife would often make Elopements from him, and sometimes would stay away two, three, or six Weeks, generally carrying off a Guinea or two, and once six; this he complained of as a Fault in his Wife; I told him the Reason of this might be his beating and abusing her in such a barbarous Manner, and the Truth of this he could not deny, but lamented grievously over his passionate and hasty Temper. He kept a Victualling Hous e nigh to the Horse-Ferry , had pretty good Business, and might have lived very well, if he and his Wife could have agreed, and have lived peaceably together, but Prudence and the Grace of God was wanting ('tis to be feared) in them both, and this occasioned all their Misfortunes. The barbarous Murder for which he is to suffer, was committed upon the following Occasion. August the 1st he sent out his Wife to get a small Debt of five Shillings, which he looked upon as lost Money; she received it, but meeting a Neighbour as she was coming Home, she told her the Success of her Errand, and that he would give her a Judas Kiss for getting the Money, though she expected no Good to follow, but cruel Treatment according to his ordinary Custom; all this he verrified upon their meeting together, for as soon as she got Home, she gave the Crown to her Husband, and he kiss'd and embrac'd her in a very loving Manner, pretending to be very much pleased with her. This seeming Kindness did not last long, for the poor Woman being a little in Drink, went up Stairs to lie down upon a Bed; upon this the Devil entered Totterdale, and in a violent Fit of Passion he ran up Stairs after her, dragg'd her out of Bed by the Heels, and beat her and stamped upon her in a most barbarous and cruel Manner; upon somebody's speaking to him and upbraiding him with Cruelty, he left her and went down Stairs; they hid her at the Foot of a Bed; but his violent Passion and cruel Disposition still continuing, he went up Stairs again, and opened the Chamber Door which a Lodger had locked upon her, and found her; with great Fury he threw her upon the Floor, and a Man aying hold on him to hinder him, he sprang from him, and threw her down the Stairs, himself following, kicking and stamping upon her Belly, Breast, Legs, Head, and other Parts of the Body, till he had kick'd and spurn'd her to the Bottom; then he dragged her into a little Room which was their Bedchamber, shut the Door upon them, and continued beating her in this unmerciful Manner till she died; all this was done in less than the Space of one Hour, and without any the least Provocation, she not having been heard to say any Thing that might provoke him thus barbarously to treat her, only she at first cried out two or three Times Murder, and when her Strength was quite spent, she was heard speaking faintly twice or thrice. Johnny, Johnny, don't kill me; for God's Sake don't murder me, or to that Purpose. Nine of her Ribs were broken, some of them into three, four, or six Pieces, one of them was all shatter'd into small Pieces and beat upon her Kidneys. When this was done, he lock'd his dead Wife up in the Room, and for two Hours nobody offered to lay hold on him; during which Time, though he might have made his Escape, he was in such Confusion, and his Conscience so perplexed, that he could not move out of the Place, till a Soldier and a Constable came and carried him, without any Disturbance, before a Justice, who committed him to the Gatehouse till he was removed to Newgate , to take his Trial at the Old-Bailey , where he deservedly met with his Doom. He was an irreligious profane Fellow, unu'sd to Duty and Religion, and kept Company with lewd Women; he pretended that his Wife was guilty in this Respect, with other Men in the Neighbourhood, on which Account there were mutual Jealousies between them; but yet he said he could not entertain any Thoughts of her having wronged him that Way. He pretended to be sick, and kept the Cell most of the Time he was under Sentence, but his Indisposition proceeded more from Fear and Trouble, and Sulliness of Mind, than any Sickness of Body, for when the Dead-Warrant came down, he attended regularly in Chapel, and was attentive to Prayers and Exhortations, though indeed he did not seem so deeply affected as he ought to have been, yet when I spoke to him, he sometimes would cry and weep a little. He was an obdurate hard-hearted Wretch, but profess'd a deep Repentance for all the Sins of his Life, especially the great Crime of murdering his own Wife; that he believed in Christ, and was in Peace with all Men. John Cotton , was indicted for assaulting Thomas Gale on the King's Highway, in the Parish of St. Mary, Whitechapel , putting him in Fear, &c. and taking from him a Pair of silver Buckles, val. 15 s. a steel Tobacco-Box, valve 6 d. a Guinea, a Half Guinea, and six Shillings in Money, July the 31st. 4. John Cotton , twenty Years of Age, of honest Parents at the Horse-Ferry , Westminster , had Education at School to fit him for Business, and was taught his Duty. When he was of Age, his Father having been a Mop-Maker , he was put to one in Town of the same Business; but being of a vicious Disposition, it was not long before he got acquainted with Women, who put him upon confederating with a Gang of Pick-Pockets; in this Society he grew ripe for Ruin, and commenc'd a profess'd Thief, stealing every Thing that came in his Way; when he thought fit he would return Home to his Master, who used him with Indulgence, but nothing could prevail with him to leave his Way of Life, but he still grew more confirm'd in Wickedness. About three Years ago he got acquainted with a young Woman, who, though not married, past for his Wife, and bare him some Children, who are all dead; they liv'd in good Friendship till such Time as he was taken up and brought to Punishment for his Crimes. The Company he kept led him to all Kind of Extravagance, and by picking Pockets they maintained their Debaucheries. He was addicted to Gaming, Drinking, Blaspheming, Whoring, and other Vices, incident to these wicked Creatures, and was altogether irreclaimable. He was a notorious Contemner and Neglecter of all Religion, and a Despiser of Publick Worship. He owned he had been a notorious Thief and a Pick-Pocket, but alledged his Prosecutor was mistaken in some Things, with Respect to his Deposition against him. Though he had been formerly a good Scholar, yet he was now grosly ignorant of Re ligion, but appeared very desirous of Instruction, and wept much because of his Wickedness, acknowledging his Punishment to be a most deserv'd Judgment upon him. He behaved well under his Misfortunes, and professed a deep Penitence. He believed in Christ, repented of his Sins, and was in Peace with all Men. John Richardson , was indicted (with John Lovell , not taken) for assaulting John Cuttings on the King's Highway, in the Parish of St. Mary, Whitechapel , putting him in Fear, &c. and taking from him a Hat, value five Shillings, April the 28th. John Richardson , 22 Years of Age, born of honest mean Parents, his Father a Sailor, gave him no Education; he was put out to a Carver in the Miorics, and served most of his Time; then taking to bad Company, he left his Master's Service, and joined to a Gang of Thieves at that End of the Town, living by stealing Fowls, wet Linnen, and other Things from Out-houses. At first he denied the Robbery he was convicted of, but after the Dead-Warrant came down, and there was no Hopes of Life, he confessed the robbing John Cuttings as sworn against him, and that he had been a most notorious Offender, having been addicted to all Manner of Vice, especially to the Company of bad Women, who had a chief Hand in his Ruin, and hurrying him headlong to Destruction, for they advised him to rob and thieve, and to those Courses that brought him to his ignominious Death. He was hard-hearted and not duly affected with his pitiful Circumstances, but always behaved decently and quietly. He was very ignorant of Religion, but I endeavoured what I could to instruct him in the most familiar Way. He was dull of Hearing, and slow of Understanding. He professed his Faith in Christ; that he repented of all his grievous Sins, and was in Peace with all the World. John Purdey , of St. Mary-le-bone , was indicted (with Robert Meredith , not taken) for assaulting Emanuel Slater , in a certain open Field near the King's Highway, putting him in Fear, &c. and taking from him a Cloth coat, val. 10 s. 6 d. a Pair of Brass-buckles, val. 2 d. a Pair of Leather gloves, val. 2 d. May the 29th. 6. John Purdey , 46 Years of Age, of honest Parents in Kent , who gave him little or no Education) and what he had, was almost quite forgot. When he was of Age, his Father bred him to his own Business of a Slater , and by that Employment he liv'd in the Country, as he did afterwards when he came to London . He was seven Years a Soldier , and serv'd in the Wars of Flanders , in divers Sieges, of Bouchain , Villeroy , Doway , &c. When he left the Army, and came Home, he liv'd in the other End of the Town, about St. Giles's Pound . He married a Wife, follow'd his Business, and kept a Publick-house , but they not agreeing together, he took to lewd Women, and his Wife married another Man. He had been taken up, try'd for some Crime before this, but was acquitted. He was an idle, negligent, swearing, drunken Fellow, and seldom cared for any Business, which, together with the bad Company he kept, brought him to Disgrace and Ruin. As to the Crime he was convicted of, he own'd his pawning the Coat, but alledg'd it was given to him, not taken by him. He told a long Story of meeting by Accident with Emanuel Slater , and two Men in the Fields, and that falling into idle Chat, they came to Town in Company, and went into a Gin-cellar, where they drank thirty-seven Quarterns of Gin; by this Time all of them being fuddl'd, they went to sleep in the Brick-fields , where Slater gave him the Coat to pawn. This, and some other Accounts he gave; but when I show'd him the Improbability and Inconsistency of his Story, he could not deny the Truth of the Evidence, as it was given against him. He was a silly, unthinking Creature, but behav'd tolerably well, and was quiet under his Misfortunes. N. B. Katharine Lenge receiv'd his Majesty's most gracious Reprieve for a Fortnight, the Morning before they were executed, by Six o'Clock. At the PLACE of EXECUTION. THE Morning they went out, I read Prayers to them in Chapel, and they appear'd very serious and devout. After I had done Praying by them, they were carried from Newgate in two Carts, between Ten and Eleven o'Clock in the Forenoon to Tyburn. When they came to the Place of Execution, they were very attentive and serious, repeating the Lord's Prayer and the Creed. They said, they had nothing more to add to their former Confessions, but desir'd the Prayers of the Spectators, and to take Warning by their ignominious Deaths, and not follow ill Practices, which was the Occasion of their being brought here to suffer this untimely End. They all went off the Stage, crying to God to have Mercy on them, and that the Lord Jesus would receive their Spirits. Totterdale said, he was a most vicious, drunken, swearing and blaspheming Fellow, and that he desir'd Mercy from God, Forgiveness from Men. Barrow said, he had had good Education, and was encourag'd by his Parents and Friends, but all to no Purpose. Cotton adher'd to his former Confessions, and exhorted all to take Warning by his untimely End. This is all the Account given by me, JAMES GUTHRIE , Ordinary of Newgate . APPENDIX. IT has been customary to give the Publick a farther Account of the unfortunate Creatures who are the Subjects of these Papers, than what is contained in the preceeding Part; for Insincerity and Prevarication is too constantly discover'd in these unhappy Wretches, by those appointed to attend them in their last Moments. The truest Accounts of themselves, and of their Offences, are generally to be collected from their scatter'd Papers, and from the Discoveries they make therein to their particular Friends and old Companions. We shall accordingly begin with the Account which was given of himself by, John Totterdale , who was born at North Curry in Sommersetshire , and was brought up to Husbandry altogether, he had been married 12 Years to his Wife, when he committed this Fact, and by her had had 6 Children, 2 of which are now alive, and are (by the Interest of Mr. Paul a Brewer in Westminster) provided for in Westminster Workhouse, since their unhappy Father's Confinement; for tho' the Mother of this unhappy Man is still alive, at Taunton-Dean, yet her Circumstances will not allow her for these her Grand-children. Frequent have been the Uproars between him and his Wife, and for this 5 or 6 Years last past, the barbarous Usage she received from him, has been known to all who lived near them. He had but very little to say in Excuse of his horrid Crime, and the whole Time that he was in Custody he appeared stupid, and sullen, and very seldom spoke to any one. Two or three Days after he had been in the Gate house, the Deceased's Sister went to see him; she cry'd - O John! John! how could you be so barbarous as to murder your Wife! He replied, The Devil over powered me, - I was push'd on by the Devil, both to begin and finish the Deed - I cannot recall or undo what I have done, - but I wish I could bring back my poor unhappy, unprepared Wife from the Grave again. He was asked why he did not endeavour to make his Escape after he had committed the Fact, instead of continuing in the Room with his murder'd Wife? His Answer was, that he did intend to have got away, but as he was coming out of the Room from the dead Woman, he imagin'd he heard a Voice saying, John, John, stay, - what have you done, - you can't go off, and from that Instant he had no Power to stir. While he was in Custody in the Gate-house, he was visited often by one M - t F - r, with whom he used to keep Company; she embrac'd him, and publickly declared, That if he should happen to be Transported, she would go with him at all Events, which being heard by some young Gentlemen of Westminster School, they resented the impudent Behaviour of the Creature, and it was with some Difficulty she escaped Discipline in Tuttle Fields. He declared that he was not afraid to suffer the ignominious Death that was before him, nor did he desire to avoid it; if (said he) my Sentence had been, not only that I should die, but that I should die by Piece-meal, - by suffering Tortures, as such a Criminal as I must have given up Life in some other Nations, yet that would have been welcome to me: -'tis my Crime (added he) and not my Punishment that affects me. The Day the Dead Warrant came down to Newgate, he was acquainted that he was included therein, and that he must die on Wednesday next; to which he answer'd, - the Lord's Will be done; I am ready to die, I am willing to die; - only I bg of God that I may not (tho' I deserve it) die an eternal Death, and tho' I die out of this World for my heinous Crimes, and aggravated Offences, yet I hope 'tis not impossible for me to be forgiven - not impossible I should live for ever in a better State, and seeming in a sort of Transport, he cry'd out, - God bless his Majesty and my honourable Judges, they have done me no wrong, they are just, 'tis I that have offended, and have been guilty of the unnatural Murder of my poor Wife, the Lord be more merciful to me than I was to her, or else I perish. Then he desir'd those that might have received any Injuries from him to forgive him, as he forgave all who at any Time had injur'd or offended him. The following is a Copy of a LETTER which Totterdale sent to Mr. Paul a Brewer in Westminster. Mr. Paul. This from your humble Servant John Totterdale . SIR, ' I Return you a thousand Thanks for all your 'great Kindness to my 2 Children, whom you ' have been so good as to take Care of, since I ' have been under my unhappy Misfortunes; I ' hope God will recompence you for it, the Blessing ' of Almighty God be with you and yours, hoping the Lord will make you Recompence and ' yours; and I pray God prosper you and yours, ' as long as you live, for the extraordinary Favour done unto my Children. My Prayers to ' God for all Friends and Neighbours, hoping ' that they won't reflect upon my poor aged Mother and my two Children, for my Misfortune ' that has befell me, which I never intended; nor ' did I ever think of coming to such a shameful ' End, which I hope God in his great Power will ' have Mercy on my poor Soul, and forgive me ' all my Sins, as I put my Trust in him; and I ' beg (if the Favour is not too great) of all Love ' that you would desire all such Friends that ' shall come to see me Dye, that they will be so ' good as not to let the Surgeons have my Body, ' but to give me their Assistance, for my Brother ' and other Friends have promised me so to do; ' which I hope in God they will, for my desire is ' to lay by my Wife if possible I can. I beg of all ' Love that my Acquaintance that comes, that ' they will be so good as to assist my Body to some ' convenient House just by the Place where I did ' live, which I hope in God they will; and in so ' doing, I shall be thankful for it. So to the Lord ' I recommend my Soul, and the blessing of Almighty God be with you and yours for ever. ' Amen. N. B. I must beg your Patience for a few Words more, and then I shall conclude: Some Persons who were Witnesses against me at my Tryal happened to be Drinking at my House at the same Time the Quarrel began between me and my Wife, and perceiving me in a violent Passion with her, yet they never offer'd to stir to appease me, tho' one of them came up Stairs and saw her lying on the Floor, which if they had been so kind as to have done, she would have been alive now, and I should not have suffered that ignominious Death, which I shall To-morrow. I freely forgive every Person that appear'd against me at my Trial, as I hope God of his infinite Mercy will forgive me. From my Cell in Newgate, October 4, 1737. J. TOTTERDALE. When the Day of his Death was approaching a Reverend Divine, out of a compassionate Regard to his State, wrote him a Letter, which made a deep Impression on his Mind, and further'd him in the great Work that was before him; a Copy thereof follows, For Mr. Totterdale in Newgate. Mr. Totterdale. THO' I have but little Knowledge of you yet I am exceedingly troubled that you should commit such a barbarous inhumane Fact, as the Murder of your poor Wife, by which you have brought your self to such a shameful and untimely End. You have but a little while to live in this World; I beseech you to lose no Minute of it, but fast and pray. Retire from Company, and cry mightily to God for Mercy, God has ordain'd a Saviour for Sinners, his Son Jesus Christ, who is able to save the worst of Sinners, and will not cast out any that come to him in a penitent Manner, with a lively Faith in him. This is the only Way of Salvation; here spend all that little remaining part of your Time, and I pray God grant you Mercy through the Merit of his Son, and Sanctification of his holy Spirit. It is but a few Hours and you will appear before your Judge; therefore bend all the Powers of your Soul to seek Reconciliation with him, thro' the great Peace-Offering, the Sacrifice of our Saviour on the Cross. For other Things I leave you to the Direction of the Reverend Mr. Guthrie, recommending you in my Prayers to the Mercy of Almighty God thro' his Grace. I am your Friend, J. W. Westminster, Oct. 3, 1737. John Purdy seem'd very regardless of his Condition, and his utmost Concern was to extenuate the Offence he was charg'd with. He would frequently tell the rest of his Fellow Suffer's (who behav'd more decently than himself) that they need not make so much to do about their Repentance and their repenting, for he could repent himself as clean from all his Sins in half an Hour as well as in 7 Years. For such Speeches he was reprov'd, and made sensible that sincere Repentance, such as necessary to Salvation, was a great and difficult Work; that it imply'd not only a Concern and Sorrow for Sin, but an entire Change of Heart and Mind, and a newness of Disposition and Spirit, as well as of Life. Upon such Remonstrances, he would seem to be affected, and would sometimes complain of the badness and hardness of his Heart. He was not willing to own the Fact (as a Robbery) for which he suffer'd, no-(he said) he never robb'd any poor Person, but only such as were able to bear it, and they would not suffer by what he robb'd them of, and Master, says he, there's no great Sin in that. He was told, that his Duty and Interest obliged him to behave in a more serious Manner, that he ought to consider himself as one who had but few Moments more to live. Why, Master says he, I can't perswade myself that I have committed any great Crime in robbing the Rich, - I think I have not, for to let you know Sir, said he, all the People I used to rob had too much Money, and I had too little. Thus he constantly endeavour'd to extenuate his Crimes, and would fain have appear'd - tho' a Thief - a conscientious one. He said, he wish'd he could have known before he took his Trial, that he should have been capitally convicted, for then he would have dy'd with some of his own Companions, and would jamm'd 2 or 3 of them for Fun; for he could he said, have made some Discovery of the Persons that were concern'd with him, but since if he did it now, they would not be hang'd with him, therefore he was resolv'd to make no Discovery at all. Thus he behav'd, and shew'd how little sensible he was of his Condition, and how unconcern'd at his approaching Death; he was always laughing and jesting, to divert himself and others, instead of preparing himself for his shameful End. The following is an exact Copy of a PAPER which the abovesaid Malefactor delivered, and desired might be publish'd. The dying Words of John Purde , desirin to be delivir'd and publicht, and wich is to be executed on Wednesday next at Tyburn. The last dying Words are, I Declare that I never saw the Man that appear'd against me, and cast me, 'till Merrady the Bricklayr and Edward Salter , brought him to mee ware I was a drinking, they maken of Agreement to pawn the Man's Cote before ever I saw them, and desiring of me John Purde to pawn this Cote littil thinking of any Harm I did the same, but the Prosecutor meeting with the Thief-takers, purswaded the Fellow to sware the Robberry on me, for the Look of the Reward, and so I bag of all Love that all that knows me petty my Misfortune and hoppin that all will take great Care wat Company tha get in for seing my Misfortune, I one I have been guilty of seuearl littil trifling Things before, and keping Company with lewd Weomen wich has brote me to this Misfortune, and hoppin as I suffer that no Body will reflect on my Dear Wife, and my poor Babe, for they can't help my Misfortuen, but if pleasin God had restor'd me, I would have been as good as ever I was bad, but since I must die this Death. I am very willing, but as my Life is sworn away by – A -, and N -, this is to satisfy the World, that thay don't do it for the Good of the Countrey, but for the gane of the Money. The Prosecutor was a poor silly contrey Fellow, so God forgive them for telling him to swear against me, and so I hope he will receive me into his blessed Kingdom, as for my dear Wife, I hope God will be with her, and for my dear Child, I hope God will mark him with Grace, and so no more, but thes are the last dying Words of me JOHN PURDE. The following is the Account which John Goswell gave of himself. I Am now about 24 Years of Age, born of mean Parents at Wimbleton , in Surrey , who put me out Apprentice to one Mr. Heath, a Butcher , in Butcher-Row ; I served 7 Years Faithfully, and all that Time I bore a good Character. When I lest Mr. Heath, I went to one Mr. Pool, a Butcher, at Fulham , and lived some Time as a Journeyman with him. I likewise lived with Mr Franklyn in the same Town, - with Mr. Radford at Little Chelsea , and with Daniel Gleaver at Hampstead . Then I came to Bloomsbury Market , and served Mr. Brown a little while, then left him and went into Mr. James Deputy 's Service, in Tothill street , Westminster . My Character was good in all these Places, but at last falling into an ill Woman's Company, I neglected my Business, lost my Credit, and then I took to breaking open Butcher's Shops in the Night-time in Clare-market . The first Shop was Mrs. West's, and I stole from thence the Carcass of a Sheep, worth about fifteen or sixteen Shillings. The next was Mr. - 's Shop (the Name I can't recollect) and from thence I carried as much Meat as I could stand under, - in short I stripped the Shop, and being very heavy laden, I could not make that Haste that I should have done; however, I got my Load as far as Lincoln's Inn-Fields , and perceiving some People to follow me at a Distance, I was afraid of being taken with my Cargo upon me; but meeting with a young Butcher of my Acquaintance (out of Place) I told him I was going to Newgate-Market with Meat, but I wanted sadly to make Water, and I must beg of him to help me down with my Load; he very readily did so, and then I desired him to stay by the Basket till I (modestly) stepped to the Wall, - and in the mean Time p came the Watchmen, and took Man and Basket and carried them to the Watch-House. The Owner of the Meat was alarmed by the Watch, when they found his Shop broke, so he came and claimed the Goods, and the poor Fellow was sent to Tothill-Fields Bridewell, as I had like to have found to my Cost, for not knowing he was there confined, I went thither to see one of my Friends; while I was talking with him, the Butcher observed me, and knowing me again, he charged me with being the Man that desired him to watch the Basket. I absolutely denied the Charge, and pleaded Ignorance in the Affair; so after he had been some Time confined, his Friends made up the Affair, and he was discharged. I was concern'd at bringing him into all this Trouble and Expence, but I could not help him without bringing myself into the Scrape. The Man now lives at Mr. Lewis's, a Butcher, the Corner of the Play-House by Covent-Garden. Another time I broke open Mr. Waller's Slaughter-House, and found there a Whole Heifer hung up against the next Day's Market; I could not move the whole Carcass, so I cut all the Meat from the Bones, and carried it away in Baskets. I desire this may be mentioned particularly, because I am informed that a young Man was accused of this Fact, and whipped publickly for it. As I am going out of the World I can only do him this Justice, to own I committed this Robbery by myself, a little after I had left Mr. Deputy's Service in Tothill-street , and that no one was concerned with me in the same. Several other Shops in the Market I broke open and stripped of the Meat therein, which I always carried to Billingsgate or Rag-Fair , and there I disposed of it for what I could get, for as it came cheap enough to me, I refused nothing that was offered. - Many a good Joint of Murton worth 2 s. or Half a Crown, have I sold there for 6 d. or 8 d. Some Time ago Wilson, Lovell, and myself, met a young Man between four and five in the Morning in the Road to Highgate , we robb'd him of 7 s. a Pair of Stockings, and a new silk Handkerchief; the Man begged for Six-pence again to carry him on his Journey, so I gave him Six-pence and left him. When I was called to the Bar to receive Sentence of Death, who should stand at the Corner of the Bar, but this very Man; he asked me if I was not the Person that stopped him and robbed him in the Road to Highgate ? I knew I should be hang'd, so I thought I could not be in a worse Condition if I owned this, - so I told him I was the very Man, and (says I) by the same Token I gave you Six-pence again. That's very true (says he) and here's the very Piece you returned me, I kept it to produce against you if I should have had the good Luck to catch you, but since you are to be hanged by somebody else, I'll give it you again; so I returned to Newgate Six-pence richer than I came out on't. Another Time I robbed a young Fellow that liv'd at Mr. Porter's in St. James's-Market; - I met him in the Street going to Smithfield-Market , I knew he had Money, so I stopped him, and took from him fifteen Guineas, four Shillings, and Seven-pence, about four o'Clock in the Morning. About two Years ago I was going down to Deptford early in the Morning with one James Lamb , and we met a Ship Carpenter and his Wife; I stopped them, and took from the Man 25 s. and Three-pence Half-penny, and a Penn'orth of Tobacco. He very civilly told us we were more welcome to the Money than the Tobacco, so we gave him that again. I thought if we searched them narrowly we might find something else, so I drove the Man, and Lamb drove the Woman into a Field full of Cows, at some Distance from the Road. When we had them here, Lamb was resolved to strip them stark naked, and take all their Cloaths. I oppos'd it, because it was exceeding cold, and determined not to carry away their Cloaths. But we made them both pull off Shoes, Stockings, Shirt, Shift, - they stripped themselves as naked as they came into the World. Then we swore they should dance Adam and Eve three Times round the Field, which they did, and complaining of our Barbarity and the Coldness of the Weather, I told them I would be kinder to them than they imagined, for I would look out for something piping hot for them, and just as I had told them this, a Cow happened to Dung, so I brought them to the Place, and Lamb and I stood over them and made them eat it all up, before we would suffer them to put their Cloaths on. We stood by them till they were dress'd, and as the Man was putting on his Shoes, Lamb d - 'd him because his Shoes were best, and swore he must exchange with him, telling him, Exchange was no Robbery. This Lamb was afterwards put into an Information by one Fesset, an Accomplice, and was tried, convicted, and transported. About half a Year ago, being out of Business, I got me a Link, and was plying in Fleet street , between 11 and 12 o'Clock at Night, and met a Gentleman very well dress'd, and very much in Liquor. He call'd out Link - Link; so I went up to him, and pull'd off my Hat, and told him, I was not a common Linkman , but I would light him a little Way (and indeed I did not intend to light him any farther than a proper Place to get his Money) so he told me he would give me Half-a-crown to light him but into Cheapside; I told him it was very proper some-body should go with him to take Care of him, and prevent his being robb'd, and that - I said, as he was in Liquor, I would do for him, as much as he had been my own Father; so in Order to take Care of him, I conducted him along Fleet-ditch , and it was at the Time when they were filling up the Ground where the Market now is. He told me, he was afraid I carry'd him out of the Way. I said, no Sir, I am only looking for a proper Place to cross over, and that was true enough; for I was looking for the softest, muddiest Place, and thro' I led him, up to his Knees. Friend, says he, this is a sad dirty Place; Aye, says I, but there's a very good Bottom, Sir. When I had got him into the worst Place I could pick out - my Foot slipp'd - down we both came, and out went the Link. D - n you, Sir, says I, what made you throw me down? Friend, says he, you threw me down - but I don't mind dirting my Cloaths, prithee help me out. That I will, Sir, says I, and immediately I ran my Hand into his Breeches Pocket, and pulled out a green silk Purse, with two Guineas and eleven Shillings in Silver. Then I began to feel for his Watch and Rings, but he roar'd out Murder – Watch - so loud, that the Watchman came running down on both Sides the Ditch, before I could get away. I found myself beset on both Sides, so I crept as far from the Place as I could with Safety, and then I call'd out Watch – Watch - here's a Gentleman in Distress, I suppose he fell down in the Mud, if some-body don't help him out, he may be smother'd. Whereabouts is he? Cry'd they. This Way it must be, says I, so I went with them to the Place, and while they were all helping him out of the Mud, I got away, and ran up Blackhorse-alley , into Fleet-street , and escaped. Another Time I was loitering about Essex-stairs , at the Thames-side, to see what I could get, and about 9 o'Clock at Night, an elderly Man came down with a young Woman, and called Suller. It happen'd there was never a Waterman there, for 'twas very dark and very cold, so I ply'd them, and get into a Boat that lay at the Stairs. I found I was to carry the Woman over the Water to the old Barge-house. She would not go, unless the old Man would go with her. He did not seem willing to go; but I told him, if he pleased to step into the boat, I must come back again myself, and I would bring him over with me. Upon this, they both got into the Boat, and I landed the Woman at the Barge-houses; but when I had got him back into the Middle of the Thames, I robb'd him of forty-five Shillings; but I bid him not be frighted, for I must get a shore myself, and would take Care of him, if he would be quiet; so I row'd up to some Lighters, that lay out in the River, at the Side of a Wharf, by Essex-stairs and when I had flung the Sculls into the ighter, I got up myself, then I pushed the Boat off into the River, and ran away over the Lighters. How he got a shore I cannot imagine, for I push'd him off without either Sculls or Stretcher, and some little Time afterwards, I happen'd into an Alehouse in Water-lane , Black-fryars , and the Minute I stepp'd into the House, I thought I saw the Man I had robb'd on the Thames, and I was immediately confirmed in my Thoughts, for he immediately cry'd out, Sculler, Sculler, upon which I took to my Heels and run away. Several Times have I been in great Danger of being taken, in the very committing of a Robbery, and often have unexpectedly escaped. Once I was coming from Dartford to London , almost naked, and without a Shirt; as I came along, I saw some Linnen drying in a Garden, so I made bold to get over the Fence, and put one of the Shirts upon my Back A Woman that belong'd to the House, came up to me, and I asked her, which was the Way to London, she told me, but pray, says she, what do you do with that Shirt? 'Tis none of yours. That's very true, Madam, says I; but as some Folks have two Shirts, and I have never a one, I thought it no great Crime to borrow one. I could have got away from the Woman, but a Man took me and carry'd me before a Justice, where the Woman was very favourable, and I telling a comical Story, at the Woman's Request, I was discharged, and she gave me the Shirt, and Half a-crown to get rid of me. In April last, I met a Gentleman's Servant coming from Rumford , and I robb'd him of two Guineas and Three-pence Halfpenny. I was very much fuddled when I robb'd him, so I went into a Field some Distance from the Road, and lay'd me down to sleep under a Haycock. The Footman watch'd me, and follow'd me into the Field. Upon seeing him come after me, I got up and went to him, and for his Assurance in offering to come after me, ty'd him Neck and Heels; then I took off his Buckskin Breeches, and after I had sufficiently flogg'd him with them, I carry'd them away with me. About a Month afterwards, I met this very Man in the Street, and he ran after me, and cry'd, stop Thief; but I show'd him a better Pair of Heels than his own, and so luckily escaped from him. I was try'd about two Years ago at the Old-Bailey , for breaking open a Still-house at Fleet-ditc h, the Corner of the Meal-market; tho' I had the good Luck to be acquitted, yet I was Guilty sure enough; for I did break-open the Door, and not into the Warehouse, where I found nothing I could carry away but two live Turkeys, and I was unwilling to lose my Labour quite; so after I had put my Mouth to the Cock of a cherry-brandy Barrel, and had drank pretty heartily, I carry'd them out; but the Watchman apprehended me, and I was committed and try'd for the Fact. On the 9th of June last, Lovell and myself, met a Malt-man, between Kingston and Windsor , and we robb'd him of nine Guineas, seven Shillings and Two-pence Halfpenny. To prevent his pursuing us, we made him dismount, and I threw the Bridle and Saddle into a Ditch, and turn'd his Horse loose. As to the Robbery of Mr. Christian, for which I die - 'tis true enough - Barrow and Wilson, and I, did certainly rob him - 'twas between twelve and one o'Clock Barrow stopp'd him, and Wilson took out of his Pocket, a Purse with five or six Counters in it, and a Guinea, and six Shillings and Two-pence. I assisted, and thought we had made a good Booty, 'till we discover'd the Peices in the Purse to be only Counters. I had only my Share of the two Shillings, and half a Pint of Gin, which we bought with the Halfpence; for Wilson and Barrow (like two Rogues) sunk the Guinea upon me, and divided that between themselves, at Kisby's in Well-street . I not only got Money with my Companions abroad, but my Wife, or Mistress, pick'd up a Penny now and then at Home; in particular, a certain Gentleman belonging to the Law, (not a Mile from the Temple) one Night pick'd up my Woman, and she carried him to our Lodgings, which were then in King's-Head-Court by Gough-Square . He insisted upon clean Sheets before he would go to Bed. We told him he must pay for them if he had them; so he gave us a Guinea to get them, and we pick'd four more out of his Pocket, and a Watch, which I gave to a Friend of mine to dispose of for me; he happened to offer it to Mr. D - r, who was the Person that made it. Mr. D – r knew it, so he stopped the Watch and the Man that brought it, and sent for the Gentleman that owned it. When he came he took his Watch, and sent the Man that brought it about his Business, least he should be obliged to give an Account how he lost it. Some Time afterwards a very noted Highwayman robbed the Gentleman of this very Watch, and was hanged for the Fact. After Lovell and I had robbed the Malman between Kingston and Windsor , I came to London , where I met with Wilson, the Evidence upon my Trial, he ask'd me to go and drink with him; I told him I had no Money; he said if I would go and drink with him, he would get my Pistols out of Pawn, and then we would go into the Country and get some. I went accordingly with him to Will. James 's House, and James immediately sent for one Brock, and carried me before Justice Poulson, who committed me to New-Prison , and from thence I came here. I always lived an uneasy, dissatisfy'd Life, and when I got Money, I used to spend it idly and in bad Company. I was always afraid to walk the Streets, or look any one in the Face; and was always under a continual Uneasiness of Mind, till I cheared my Spirits, and raised my Courage with Liquors. My last Request is, That none would reflect on my Friends for my shameful Life; in particular I hope no one will blame my Sister, for she has been very good to me; she put me out Apprentice, and found me in Necessaries all my 7 Years; in Return of which I have been very ungrateful, and have behaved to her with the greatest Cruelty and Kindness. 'Tis a Custom for the Bellman of St Sepulchre's, to repeat some Verses to the Prisoners the Night before they die; at which Time Goswell threw out of his Cell the following Lines, by way of Return for the Bellman's Verses. I. Thou art the Bellman for this Night, Who com'st to let me know, That I To-morrow Morn must die, And be a publick Show. II. I hope my Death will Warning give, To all that then attend, And by my sad Example tanght, They may their Lives amend. III. Avoid the dang'rous Paths we've trod, Nor wilfully offend, That God whose Judgments all are just, Whose Kingdom has no End. IV. He's merciful to all that do The Promises believe; If we on Christ, his Son, rely, He will our Sins forgive. V. Now,-now, repent of all your Sins, For your Salvation's Sake; And beg, you of his Mercy may Hereafter all partake. VI. For all our Sins our Saviour Christ Has made a Recompence; If we believe in him, we shall Be sav'd when we go hence. VII. In him will I put all my Trust, His Mercy's ever sure; With him I hope my Soul shall dwell In Joy, for evermore. VIII. Then 'wake my Soul, arise and pray, To God thy Morning Duty pay; Shake off dull Sloth, and willing rise To pay thine early Sacrifice. IX. Awake my Soul, on him reflect, Whose Eyes do all thy Ways inspect: Lord, I my Vows to thee renew, Scatter my Sins, as Morning-Dew. X. Awake my Soul, live these Hours o'er As thou art now to live no more; O guard me least I should transgress; Guide me, and my Endeavours bless. XI. Awake my Soul, as Noon day clear, May thy Resolves t'amend appear; Return thy Hopes of Heaven's Grace, In ardent Love and humble Praise. XII. Awake my Soul, awake my Heart, And with bless'd Angels bear thy Part, Who rest not,-but unwearied sing, Holy is their Eternal King. XIII. May I, like you, in him delight, And keep him while I live in Sight; Like you perform my Maker's Will, O may I never more do Ill. XIV. O had I Wings, to Heav'n I'd fly, Lord! that Defect do thou supp'y; O wing my Soul with warm Desire, That I to thee may now aspire. XV. Glory to Thee who safe hast kept Me, and refresh'd me while I slept; Lord, I from Death must soon awake, May I from endless Life partake. XVI. I find that Heaven is where thou art, Then never Lord, from me depart; I've found, and know, it's Hell to be, Banish'd for ever, Lord, from thee. XVII. Then Lord, in what I do or say, Thee may I glorify this Day; For Lord I've found it's Hell to be For ever banish'd, Lord! from thee. And this I've wrote, - this is my last Farewell, Hoping my Soul shall ne'er descend to Hell. John Goswel , now lying under Sentence of Death in the Cells of Newgate , and who must be Executed this Morning at Tyburn . The following is the Account that JOHN COTTON gave of himself two Days before his Execution. I AM now about 20 Years of Age, and was born at Westminster , of poor Parents; my Father dying while I was young, left my Mother with two Children besides myself, but it pleased God to raise her Friends, who got my Brother into the Bluecot Hospital, and me into King Charles's Hospital at Westminster , where I continued six Years, and then was bound Apprentice to a Mopstick Turner , one Mr. Chambers Grays Inn lane . I serv'd him about 5 Years, then getting acquainted with disorderly People, who spent a great deal of Money, I neither car'd to leave their Company, nor could I bear to look nigardly among them; this rove me to some Perplexity, which a Woman observing, that was one of our Company, she put me into the Way of picking Pockets, and brought me acquainted with some young Fellows who lived in the same Way. With them I follow'd the T about 2 Years off and on, and now and then I practis'd the Whalebone Lay, in this Branch of the Business I followed with one Rickets, who was the Man that took the Money out of the Drawer, in the Bar of the Rummer-Tavern in Chancery-Lane. He went away with the last Transports - After I was engaged in this Way, I would sometimes bethink my self, and take to my Business again, but my Companions were eternally after me, and would get me out, and give me Liquor; when I was drunk, I used to be easily persuaded to go out with them upon these Lays again, and tho' I committed many little Robberies, yet I never was confin'd but once before this Time, and that was in Old Bridewell , where I was sent for stealing a Handkerchief, and after I had been kept some Time to hard Labour I was discharged. Mr. Carter a Hog Butcher in Sharp's-Alley in Chick-Lane, and Mr. Harvey a Sheep's Head Man in the same Lane, could have done me some Service, if they had appear'd on my Trial, - they knew that Daniel Grundey and I were not in Company the Night the Robbery was committed. It may be imagin'd, that I would not have given the Prosecutor the Note which he produced on my Trial, if I had not been guilty, but the Truth was, I was in Hopes by giving him that Note, that I should have prevented the Scandal of such a Charge from falling upon me. I was taken just by the Thatch'd-House in Chick-Lane , where I had been drinking with Daniel Grundey , Thomas Drinkwater , and John Slade , and was going to work, when I was taken. I hope none will reflect on my Mother, for if I had taken her Council, I had never come to this Place. The following Account Robert Barrow , otherwise Berbadoes , otherwise Runwell gave of himself. THAT he was born at Mampas , within 10 Miles of Chester , where he was put to School, but not liking Confinement of any sort, he us'd to stay from School, to lye out all Night. When he was about 5 or 6 Years old, he run away from his Parents to Liverpool ; there he bound himself Apprentice to Capt. Nichols , who was then going a Voyage to Antegoa . When the Ship arrived there, he ran away and left her, and hid himself in the Country till the Ship sail'd from thence. While he was there, he used to go to the Sugar Houses, and beg hot Liquor and Yams of the Negroes for his Subsistence, but Necessity pinching him, he bound himself to a Planter, and was to have had the Over-sight of his Sugar Works , and his Negroes, but not being content with that Way of Life, he run away from him, and went to St. John's Town , the principal Town in Antegoa ; there he bound himself to Capt . John Travers , and went with him to a Dutch Island call'd Tattola; while he was there he robb'd him of 2 Pieces of Eight, and then ran away from him to Barbadoes , in a Ship belonging to Captain Clay, with him he went to an Island call'd San Lazee , to cut Timber, and from thence to St. Kitts . While the Ship lay at St. Kitts , he was accused of stealing some Things, and being afraid of Punishment, he jumped over-board, and swan a-shore, and got into the Woods every Night, having nothing to live upon but what he begg'd from poor People that kept Sheep upon the Mountains. From hence he got to a Place call'd Back Starr , in a Canoe, and from thence to St. Thomas's , where he shipped himself on Board a Sloop with a Dutchman: From hence he went to the Silena's , and here by a violent Wind at N E. they lost their Ship, she struck on the Sands, and they were all forc'd to shift for themselves; the Company had no sooner got on Shore, but the Spaniards came down, and stripp'd them of their Cloaths, they took even the Shoes off their Feet, and drove them to a little Hut up in the Country made with Reed, and gave them a little Corn to eat. Here the Spaniards watch'd them that they might not get away from them; but he and another gave them the Slip, and got away into the Woods, where they lived 6 Days upon raw Wood, Crabs, and what grew in the Woods. At last they ventur'd out into a Savannah, where they saw a House built with Reeds, this was one of the Spaniards Hunting Houses, for they frequently went 30 or 40 Miles to hunt wild Cattle, and often take up their Lodging in such Houses; they are built upon Poles above the Ground, and the Entrance into them is by a Ladder. Barrow got into this House to see for something to eat, and there he found a great Roll of Tobacco and some Fruit, which the Spaniards call Bernadoes; but as he and his Companions were retreating to the Woods again, they heard a Noise, and presently 3 or 4 Men on Horseback rode up to them, and threat'ned to cut their Heads off if they did not return to the Place from whence they had escaped, they could make no Resistance, and so being ty'd to the Horses Tails they were brought to the rest of their Companions again, and here they stay'd about a Fortnight longer, and liv'd very hard. There was fourteen of them in all, and being weary of this Confinement, they all agreed to venture away together; but Barrow remembering the Canoe that belonged to the Vessel, he put his Companions in Mind of that; so they hall'd it up into the Woods, in the Night-time, and then they watch'd their Opportunity, and all got away, and lay hid in the Woods, for several Days, venturing down upon the Bay, only at Night, to seek for Provisions. After they had lain concealed here a great while, they ventur'd to a little Town, where the People were tolerably Civil to them; but at last they grew weary of their Company, and so bought them a large Canoe to carry them to Crab-Island , and furnish'd them with Provisions to get rid of them. They kept with their Canoe, always as near the Shores as they could; and whenever they came to any Island, where they imagin'd they could kill any-thing for their Subsistance, they used to draw their Canoe a-shore, and hide her, while they search'd the Place. This Trade they follow'd, 'till one Morning, they unhappily stav'd their Canoe, as they were getting her a-shore. Then they were altogether at a Loss, and were forced to betake themselves to the Woods in the Day-time, and at Night to come out for Provision. Sometimes they kill'd a wild Hog, and sometimes stole a Calf, which they brought into the Woods, and eat half roasted, and half raw. This Course continued a great while; but one Day an old Spaniard and a Woman coming thro' the Woods on Horseback with a Load of Provision, they made up to them, and the Mate of the Vessel speaking good Spanish, he asked them for some Victuals; the old Spaniard left them some Pumpkins and Potatoes, and told them if they would stay till he came back again, he would bring them something else, and would take Care of them; and about a Fortnight afterwards he did send a Man and three Horses for them, and carried them to Bonavisto . While they were here in this Wood, one of their Companions dy'd, and buried him in the Woods. They had not been long at Bonavisto , before Barrow observed small two-mast Vessels, which was came out a turtling, and she lay a great Way off from the Shore, but he swam to it and got on board, where he found the Men that belonged to her at Breakfast. He told them of the Distress his Companions were in, and they made to the Shore to relieve them, but when they came to land, there was not one of them to be found. Upon this Barrow ventured about to look for them, and while he was in the Search he met a Man, who told him the Spaniards had received Intelligence where they lay hid; and while he was gone to the Fishing Vessel, they had carried them all away again to the Silena's. Barrow had lived with his Companions so long, that he was resolved not to forsake them, so away he journeyed to the Silena's , and lay two Nights in the Woods before he got to them. The Spaniards now separated them, and put them to work at different Houses; Barrow was employ'd by a Man to beat Rice , and to keep the Parrots out of the Ground while it was growing. Here they lived about a Month, and then the People grew weary of them, and to get rid of them they got them at last a Canoe, and put six Spaniards into it with them, to help them to row; but the first Island they came to, the Spaniards pretended to go ashore to get Hogs for them; and while they were Hunting, Barrow and his Company went away with the Canoe to Crab Island , and left the Spaniards behind them. While they were here, a Schooner came within Sight of the Island; Barrow made a Signal with some of their Rags on a Pole, which the Schooner observing, bore up to the Island and took them in, and carried them to St. Thomas's , where Barrow was taken ill of a Fever, but recovering, he shipp'd himself on board an English Brigantine, Capt. Lewis, and with him he came to London . He had not been long at Home before he shipped himself on board the Pink, Captain Williams, bound for Guinea , at 45 s. per Month. From Guinea he went to Barbadoes , and from thence to Virginia , and from thence to London again. But while Barrow was at Guinea , he and the second Mate and two of the Men imagining the Captain did not use them well, they run away up into the Country, and were taken by the Negroes, and carried 30 Miles up the Country, they informed the Captain they had 4 of his Men in Custody and the Captain was forc'd to buy them of the Negroes again, the Negroes knew we must belong to him, because there was no other Ship in the Road. When the Captain had redeemed them, he carried them to Barbadoes , and there Richard Lightfoot the Quarter-Master , Thomas Kelly , Samuel Pollochy , and Barrow, all came to Agreement to leave the Ship, and not to go any farther with the Captain, so in the Night Time when they were all upon Watch, Barrow got over board and swan to a Boat which lay a-stern of another Vessel; this Boat he cut from the Vessel, and brought her to his Companions, who getting in, he carried them all a-shore, and they made the best of their Way up into the Country, they walked all Night, and in the Day Time slept in the Woods. One Evening Barrow ventur'd out about dusk, and went up to the Top of a Hill, looking round him, he observ'd a Thatch'd House at some Distance; he went there and found only a Woman in the House, who entertain'd him well for a Week, and then he and Lightfoot went to a Town call'd Spikes , and staid a Fortnight with one that knew Lightfoot. From thence they came to the Place where they had left their Ship, and at Night walk'd upon the Keys to see if it was gone, they found the Ship was sail'd, and Barrow was inform'd that the Captain would have given any Thing to have taken him, because he was sure the other Men would not have run away but at his Instigation. After this, they went up into the Country, about a Mile to a Place call'd the Indian River, with about four or five Shillings in their Pockets between them. There they met with an old Woman, who entertain'd them for their Money, and afterwards gave them Credit for fifteen or sixteen Shillings. At this Woman's Door, they could see what Ships pass'd by the Place, and here they staid 'till the Expedition, Capt. Crawford, came by bound for London, and in her he came to London . The following was the Account he gave of his Life after his Arrival. AFter I had received my Wages, Capt. Crawford would have had me to have gone again with him, but it was too soon - my Money was not gone, and I never could bear the Thoughts of Working, or taking any Pains, while my Money lasted; had he staid 'till my Money was spent, he might have had my Company; but he did not, and while he was gone, my Money was spent, and I fell into Company, and went out a Thieving, and the first Companion I had was John Richardson , who is now in the Cells, and is to be hang'd with me. Our first Fact was but a small one - only a little Meat; but our next was in Company with Harry Flemming , who was try'd some Time ago for stealing thirteen or fourteen Pair of Buckskin Breeches: In his Company I used to go out every Night, about eleven or twelve o'Clock, and rob Yards of Linnen, and Out-houses of Pewter, Coppers and Saucepans; and this Trade I follow'd for some Time. One Sunday Night Ricklesworth and I stole some Linnen out of a Yard at Wapping , and we went to hide it in Stepney Fields , but were disturbed there; so we went from thence to Salt-Petr-Bank, and there we hid it; while we were doing it a Thief-taker that I knew seemed to take Notice of us, so I went up to him, and bid him be gone, or it should be worse for him; upon that he went off as I thought, and we went to Well-street ; when we came there I saw him again, so we took back to Stepney Fields , and from thence to a Night-House in Dark-House-Lane , where we eat some Bread and Cheese, and then we went to fetch the Linnen, but when we came to the Place where we had hid it, there we saw a Parcel of Watchmen posted behind the Bank, who jumped out upon us; I escaped, but they took Ricklesworth, and carried him before Justice Priestly, where he would have made himself an Evidence, but the Justice would not take his Information. The next Day I went to Kisby's, at the Windsor-Castle in Well street (whose House has been my Ruin) and while I was there, the Constable and another Man came in, I imagined they were looking for me, so I got out of the House, but was afraid to go Home to my Lodgings, so I went to the Glass-House in the Minories ; while I was there I saw them come in at an opposite Door, they came round and looked at me, and said I was not the Person; but I knew them, and was afraid if ey looked at me again, they would find me o be their Man; so in my Fright I ran into the Hole under the Furnace, and came out at the Hole on the other Side, the Fire continually dropping upon me all the Way; but I was no sooner got out on the other Side, than I was knocked down, and they told me I was in an Information for a Street-Robbery, asking me if I did not know one Ricklesworth? I said no; but they tied my Hands with my own Handkerchief, and carried me before Justice Priestly, and the Woman was sent for that lost the Linnen, but she would not swear to me nor the Linnen; however, we were both committed to Newgate, and there we staid till the next Sessions, and then I was discharged for want of Evidence, but Ricklesworth's Friends desired he might be detained in order to their sending him abroad. I was no sooner discharged, but I took to my old Way with Flemming again, of robbing Out-houses. I had not been at Liberty fourteen Days before I was sent to Clerkenwell Prison , for stealing fourteen Holland Shirts. I was disturbed too soon in the committing this Fact, and therefore the People could not swear I had taken them, so I was discharged at Hicks's-Hall . I went out again immediately, and was immediately taken up again for stealing 2 Hatts, for which Fact I was confin'd in Old Bridewell for 3 Weeks, and was then discharg'd. I was no sooner at Liberty but Flemming and I robb'd a Yard belonging to an Ale-house at the Hermitage , of as much Linnen as was worth 40 or 50 l. which we brought away, and sold for about 5 l. I was now got acquainted with James Wilson , and with him I began Street Robberies, the first Attempt I made with him was upon an Excise-Man in Ratcliffe-Highway , and we had but poor Encouragement, for he had no more than 2 s. about him, I looked at his Buckles, but he told me they were not Silver, they were only Prince's Metal; I told him I did not know how to believe him, and took them from him, but when I came to look at them, I found them to be Metal indeed. The next Sunday Night we went into Spittle-fields , and in the Market we stopp'd a Man and a Woman, she run her Hand into her Pocket, and I could not get it out, I told her I must have her Money, and bid her make Haste with it, for People were coming, but she still kept fumbling in her Pocket, and at last pull'd out a long silk Purse, with one Piece in it, which I took for half a Crown; when I came to look at it I found it was but a Half-penny, and I heard afterwards that she had bragg'd of her cheating me, and that she had fumbled all her Silver out of her Purse, and had fobb'd me off with a Half-penny. The next Robbery I committed was in Company only of Richardson, who is under Condemnation with me. I was out that Evening, but had no Design of committing any Robbery, however meeting with Richardson in Rosemary-Lane , as we stood talking together, a Sailor and 2 Whores came past us, we asked the Sailor which Way he was going? he told us over Tower-Hill ; we said we were glad of that, for we were going the same Way, and wanted Company. As we went along, I took the Sailor aside, and begg'd of him, for Heaven's Sake, to let the Whores go about their Business; for (says I) they'll not only rob you, but they may give you the Pox, and to be robb'd and pox'd at the same Time, will be a sad Thing indeed; so he parted with them, and call'd them Whores, telling them, he was got into honest Men's Company now, who could not bear the Sight of such Cattle as they were. When they had left him, he was very fond of us, and we came very lovingly on, till we got to the Middle of the Hill, and then I pull'd out a Knife, and gave it to Richardson - here Brother, says I - take hold of my Pistol; upon that, Richardson told him, if he made any Words, he was a dead Man. And Brother, says I, you have Money, we want it, and 'tis much better we should have it, then those nasty Creatures you was in Company with: So we took from him two Moidores, ten Shillings and Six pence in Silver, six Penn'worth of Halfpence, and his Hat. After we had robb'd him, he follow'd us; but I turn'd back, and gave him a Knock, upon which he ran thro' the Bars, towards Thames-street, and we made up Crutched-fryars , and so into Whitechapel , and from thence to Kisby's in Well-street , and there we shar'd and spent the Money. I had no Difficulty to find in which Pocket his Money was; for all the Way he walk'd between us, he kept his Hand in his Pocket, and chink'd it - so I had nothing more to do, than just plung my Hand into the right Place, and seize the Cole. One Night Wilson, Lovell, and I, stopped two Bailiff's Followers in Wellclose-Square , but they baul'd out and made a terrible Noise; I fired a Pistol over their Hands, upon which they both ran away. After that we stopped a Gentleman, and got 10 s. from him; then we resolved to go Home and share the Money, but at Rag-Fair Watch-House I stepp'd in to light a Candle, and who should I see there but the two Bailiffs telling a dismal Story of their being attacked and shot at; I did not think proper to stay to light my Candle, but Moll Kingstone being at the Door, I got her to light it for me, and she told me the Bailiffs were so frighted, that they never stirr'd, out of the Watch-House till the next Morning. Another Time Wilson, Lovell, and I, stopped a Man and Woman in Goodman's-Fields ; the Woman scream'd out, I begged she would not make a Noise; Wilson and Lovell were afraid to search because she made such an Out-cry; but I perceived the Chain of his Watch, and Notwithstanding the Naise, I made a Pluck at it and get it; the Gentleman immediately seized me, and held me fast by the Arm, but I gave him a Blow with my Pistol which made him let go his Hold; then I fired it into the Air, and ran Home with the Watch. - There I flung Wilson and Lovell, for as they knew nothing of my having got the Watch, I gave them no Share of it. The Robbery of Mr. Christian in Bloomsoury-Square was committed as it was sworn upon us, and tho' we took a Guinea from him, yet poor Goswel had but his Share of 2 s. and half a Pint of Gin; for Wilson and I lodging together, I clapp'd the Guinea into my Mouth and he and I shar'd that at the same Night. The and other Goods we stole we always sold to Irish Peg, her true Name is Margaret Poland , and she did ledge at Kisby's , in whos House I have spent many a Pound; since I have been in Newgate I have sent to him for a little Relief, and he generously sent me - a Penny. FINIS.

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OA17270322

THE ORDINARY of NEWGATE his ACCOUNT, Of the Behaviour, Confession, and dying Words of the Malefactors, who were Executed on Wednesday the 22d, of this Instant March, 1727, at Tyburn. AT the King's Commission of Oyer and Terminer, and Jail Delivery of Newgate, held (before the Right Honourable Sir JOHN EYLES , Knt . and Bart . Lord Mayor of the City of London : The Honourable Mr. Justice Price, the Honourable Mr. Justice Probin, the Honourable Mr. Baron Comins, the Honourable Mr. Baron Thompson, Recorder of the City of London, and John Raby , Serjeant at Law ; and others of his Majesty's Justices of Jail-Delivery, and Oyer and Terminer aforesaid: Together with several of his Majesty's Justices of the Peace for the said City of London, and County of Middlesex) at Justice-Hall in the Old-Bailey ; on Wednesday, Thursday, Friday and Saturday, being 22d, 23d, 24th, and 25th, of February, 1727, in the Thirteenth Year of his Majesty's Reign. Three Men, viz. James Welsh , Thomas Wheeler , a Black , and John Fox , were by the Jury found guilty of capital Offences, and receiv'd Sentence of Death. While under Sentence, they were instructed in the most essential Points of Christianity, the nature of the Divinity, the Salvation of Mankind, only through the merits and intercession of Jesus Christ, a sincere and hearty Repentance for all their Sins; particularly, those for which they then suffer'd much Shame and Sorrow, and the absolute necessity of turning unto God with their whole Heart, from whom they had so deeply revolted, as appear'd manifestly from the tenour of their past Life and Conversation, the wickedness whereof had undoubtedly brought them to condign Punishment. And in order to prepare them for Death, as from several texts of Scripture, I spoke much upon that Subject, so especially from Rev. 14, ver. 13. And I heard a voice from Heaven, saying unto me, write, blessed are the dead which die in the Lord, from henceforth, yea, saith the Spirit, that they may rest from their Labours, and their works do follow them. From this having show'd them what it is to die in the Lord, I let them see, how happy those are, who with Conscience of a well spent Life do die in the Lord, and how miserable their condition is, who have nothing but a naughty course of Life to perplex them, when they come to die. When these and such like instructions were given them, John Fox was always apparently Devout and serious: Welsh (the only one of the three who could read, and who in the Hold read to the other two, till another Person, who often voluntarily shuts himself up in the Hold with the condemn'd Criminals, took upon him to perform that Office. Wheeler the black Boy, most part of the time, was oppress'd with grievous Sickness, but when he attended in Chapel, he was always very grave, but otherways very stupid and grosly Ignorant of Christian Principles. Upon Saturday the 18th, of this instant March, the Report of the above three Malefactors being made to his Majesty in Council; James Welsh , for stealing from a Countryman Gold and Silver to the value of 18 l. out of his Breeches, when he was in Bed at the Bear and Ragged Staff-Inn in West-smithfield , receiv'd his Majesty's most gracious Reprieve. The remaining two, viz. John Fox , and Thomas Wheeler , a Black were order'd for Execution. JOHN FOX , of the Parish of St. George's Hanover Square , was Indicted for picking the Pocket of Henry Daverant , Esq ; on the 2d, of February last, one Gold Snuff-box, value 17 l. John Fox , about 56 years of Age, was descended of mean Parentage, had having got Education at School, so that he could not read, which made him, though otherways he appear'd to be a Man of good Sense. He was not put to any particular Employment, when of Age, but past his time when young, in the Wars in Flanders , in the first Regiment of Guards , till the Peace of Ryswick, after which he took his Discharge, and kept a publick House in Town; where (as he said) he was very well known, and had been abundantly obliging in the Neighbourhood, having been always very careful of keeping his Family in good Order; and likewise good Education to his Children; (the loss of which he was very sensible of with respect to himself) and putting them to suitable Employments. He always behav'd himself with abundance of gravity, civility and good manners. Once he thought the Prayers short, after all the ordinary Prayers of the Church, and some more had been used. I told him, that it was not the length of Prayers, but the Devotion of the Petitioner made them acceptable to God, thro' Christ, with which he was satisfy'd. He said, that he never had been a loose Liver, but that he had always kept within the bounds of Decency. I never saw one in his unhappy Circumstances, more averse to particular confessions of Crimes. I urg'd the necessity of an ingenuous Confession, from several Texts of Scripture; the Apostle St. James, advising us to confess our Sins, or Faults one to another; and David and other eminent Saints of God, confessing and crying to God, with bitterness of Spirit for the pardon of their Sins, who were so far from concealing their Faults, that they left them on Record, for a warning to future Generations, and to convince us of the frailty of sinful Mortals. I likewise told him, that it was most reasonable to confess, since that was all the satisfaction he could give to the World, for the many Injuries and Injustices he had done to others. He said, that he confess'd his Sins to God, who only could pardon them. I told him that although every Sin be principally committed against God the great Law-giver, yet in order to die in full Peace with all Mankind, we ought to acknowledge the Injuries done to them, and that it was the way to die in the Peace of the Church, which had power conditionally, and with Authority from Christ, to absolve true Penitents, Christ having declar'd, that what his Ministers bound on Earth, was bound in Heaven, and what they loosed in Earth, was loosed in Heaven. After all that could be said to him, he still continued resolute and obstinate, in refusing to make particular Confessions; only he own'd in general, that his Life had not been agreeable to the Gospel of Jesus Christ, as it ought to have been; yet that he had never been notoriously and openly wicked, as too many are. He own'd also, when he was young, he had not follow'd the Advices and injunctions, but had been too obstreperous to the Commands of his Parents, which is the worst introduction can be of the After sense of a young Man's Life into the World: Disobedience to Parents being a Sin commonly lamented by most of the Malefactors. I inform'd him, that he was represented as a Person who for a course of many Years, if not the most part of his Life, had been in the practice of robbing People by picking their Pockets of Goods of great Value, which was a very sinful way of providing for himself and others. He said, he could not help, neither did he regard the Sentiments of the World, having a greater Judge to whom he must make an account. He desir'd the Prayers of all good People for his Soul; and falling down upon his Knees, he beg'd pardon of God and Man for his many Sins and Offences; and since his supreme Judges did not think fit to spare, but to make him a publick Example, he said, that he willingly and chearfully submitted. Upon the whole, though he would not make special Confessions, yet not having the face or conscience positively to deny that he had accustomed himself to Thieving and stealing, at which business (as is reported) he was too dextrous, it need scarce be doubted, but that had been one of the main Employments of his Life. Mr. Fox appear'd to be a Man of good Understanding, so that if his natural Parts had been improv'd by a little Learning, with some further Knowledge of divine Things, and a correspondent Practice, he had a Capacity of being beneficial to Mankind, in answering the great end of his Being, to do good in his Generation: But wordly Affections, and coveting things of a present Life, with an unbounded Desire, in whatever manner acquir'd, had prov'd his Ruin, and to take in hand the most extravagant, impious, and withall, the most disgraceful and dangerous Enterprizes, which turn'd the last Scene of his Life into a very shameful and pitiful Catastrophe. He was indeed of such Complaisance and Address, in his own way, that his civil and hypocritical Carriage to Strangers qualify'd him much better for robbing them, by privately stealing from them Gold-watches, Snuff-boxes, and other little Things of great value, which Gentlemen and Ladies commonly have about them, and that with the greater ease, and without being suspected whence it was, that he had the Character of being the most dexterous in this Species of Thieving of any in Town, in which he excell'd all the other Practitioners in that black and Devilish Art. He knew what was absolutely necessary to be known in Christian Principles, and I cannot say any more, but I'm affraid, his Practice had come far short of his Knowledge; for, when he was in Chappel, I observ'd, that he did not know the proper and usual time of standing or kneeling, and for Responses he knew none of them, till by a pretty long Habit, and hearing of others, (the lenity and goodness of the Government having allow'd him near four Weeks time to prepare for Death) he acquir'd some Knowledge and Practice that way. He always behav'd himself at the Worship of God, and hearing of his Word read or preach'd, with a becoming Gravity and apparent Attention, both in Chappel and elsewhere, but with less concern, and much more indifference, than what one would have wish'd, for. I took much pai in Instructing him in the fundamental Principles of Christianity, Faith in Christ, and Repentance unto Life, in Evidence whereof I endeavour'd to persuade him to an ingenuous Confession, it being all the Satisfaction and Restitution or Reparation he could make, for, he reiterated Injustices he had done to others through the Course of his Life. He own'd himself to have been a great Sinner, but not so notoriously wicked as many others. As to the particular Fact for what he Suffer'd, he said he took the Box off the Ground or Floor, the Truth of which I doubting very much of, inclining rather to think that he took it out of the Gentleman's Pocket; I desired him to confess at least in general Terms, if he was such a Person, as many Represented him to be, viz. one of the most cunning and artful Pick-pockets in or about the Town? At this he storm'd a little, and spoke with too much Vehemence and Passion, for one so very near his End. I desir'd him to compose himself, and not to be disturb'd, since what I propos'd to him was only for the good of his Soul, and for satisfying my own Mind, because a Minister of the Gospel of Christ cannot with a safe Conscience perform the last Divine Office to a dying Penitent unless he ingenuously confess his Sins He own'd himself a very great Sinner acknowledging the Justice of his Sentence as being convicted by his Jury, upon full Evidence; and for the Gentleman who was his Prosecutor, he declar'd that he had no prejudice at him, thanking him for his Good-will in endeavouring to save his Life, and praying that God migh Bless him, submitting to the Sentence upon him and willinglly part with that Life which the Laws of his Country had forfeited. Since Mr. Fox was under Sentence one Mr. Richardson, Steward to the Lord Somerville, who had been rob'd of 2 or 300 l. about 2 Years ago, in Hertfordshire, came from the Country on purpose, and desir'd me to ask Mr. Fox, if he was one of the two Highwaymen who robb'd him of that Lord's Money? the Reason why he ask'd the Question was, because some People in the Country entertain'd ill Thoughts of the said Steward, as having had some collusion with the Robbers, although indeed he appear'd to be mightily concern'd for his good Name, and declar'd his Innocence in the most solemn manner, the Money having been recover'd of the County. Mr. Fox said and affirm'd solemnly upon the Words of a dying Man, that he knew nothing of that Affair, and that he had never been guilty of any Highway-Robbery in his Life, adhering to his former Asserssion, that he had never been openly Wicked in his Life, and that he never made it his Business to cheat or trick People; but was still ready to serve others and to live in good Neighbourhood. Although it is credibly reported, that he was twice capitally Convicted at the Old Bailey , once about 8 Years before this, and first of all some Year before, both which times his Friends found means to get his Life sav'd; and that three Years ago, he was try'd for his Life at Hertford , but the Evidence not being full, he was there Acquitted. So that this is the third Time he hath been capitally Convicted, but still (to do him Justice) it was for his common Practice of picking Pockets, in which part of Thieving (as is generally believ'd by them who know any thing of him) he was most Skilful. After many Exhortations to a sincere Repentance and Amendment; to wean his Thoughts and Affections wholly from a present evil World, and from the Vanities of it, to which he had been formerly too much addicted, and to settle them on things above, where Christ sits at the right Hand of God; to resign himself wholly to the Will of God, without whose over-ruling Power nothing was transacted in this World, and who would infallibly make every thing, work together for the good of those who love him, however great or many their Sins are, his Mercy being infinite, upon an unfeigned Faith in Christ, and a true Repentance and love to God, to forgive them, and not to remember them against miserable Mortals, who heartily turn to him. He acknowledg'd himself to be the Chief of Sinners, but hop'd and declar'd that he believ'd to be sav'd by the Mercy of God, thro' the Merits of Jesus Christ his only Saviour; dying in Peace with all the World, and forgiving all Mankind the Injuries done him, as he expected forgiveness from Almighty God. THOMAS WHEELER , of the Parish of St. Mary Colechurch , was indicted of Felony and Burglary; for that he did on the 11th of February in the Nighttime, break open the House of Mr. Norris, (Druggist in Cheapside ) taking from thence 5 Guineas, one Queen Elizabeth's Piece, a French Crown, a Piece of Copper, &c. the Property of Mr. Norris. THOMAS WHEELER a black , as he said, about 17 Years of Age, born in the East Indies, near Fort St. George , of Parents who were Heathens and gross Idolaters, was Educated when a young Child in the same Profession, i. e. in gross Ignorance and no Religion at all. His Parents went and liv'd in the Town of Fort St. George , and they dying and leaving him very young, he was put to Business, but being taken up by some of the English, an Officer of a Ship brought him to England , about 7 Years ago. He serv'd some People in Town, particularly Mr. Norris whom he robb'd, but was not taught to Read or Writ, and little better was he Instructed in the Principles of Christianity. He told me that he was Baptiz'd about 3 or 4 Months ago, but when I inquir'd into what Knowledge he had attain'd, either of na tural or reveal'd Religion, he was equally Ignorant of both, scarce knowing any thing of either. I pitty'd his Condition very much, not knowing well how to Instruct him, his time in this World being so very short, and he of a dull Capacity, and of an obstinate Temper, so that I could get him to speak but few Words; altho' he said that he had almost quite forgot his Native Language, understanding and speaking the English well enough: Yet I Instructed him in the existence of a Supreme Being, who made the World and all Things which are therein; who had given Man a Law, by which he is rul'd, upon the Disobedience of which Law Man incurr'd his Displeasure; and that he having transgress'd this Law, (as in many other Instances, particularly, in robbing his Master, a Sin expresly forbidden by the Law of God, ought to cry to God for Mercy, and repent of that Sin. I likewise Instructed him in the Knowledge of the adorable and ever blessed Trinity, that God the Father made us, God the Son redeem'd us, and God the Holy Ghost sanctifies the Elect People of God. I desir'd him to believe in Christ the Son of God, and only Saviour of Sinners, and to pray for God's Holy Spirit, who might lead him in the Ways of Truth, and uprightness. I inform'd him that he had been Baptiz'd in the Name of the Father, Son, and Holy Ghost, to deny the Devil, the World and the Flesh, and to obey the Laws of God, and our Saviour Jesus Christ in every thing, endeavouring to convince him, how heinously he had broken his Baptismal Vows and Engagements, into which he had so lately entered. All this and much more he heard with Patience, and gave a Verbal Assent to every thing. The 2d or 3d Day after Sentence, a violent Fever, which continu'd upon him, till the Dead-Warrant came to the Prison. When I visited him in the Hold, he could scarce say any thing, and was very Sick. When he came to Chappel, he was still bad, yet by frequent hearing he answer'd some few of the first Principles of Religion. He said the Lord's Prayer and Belief after me, declar'd that he believ'd in God who made him, and in Christ who redeem'd him through whose Merits he hop'd to be Saved. He was always very Grave and apparently Attentive, both in time of Prayers and Exhortations, but very stupid and grosly Ignorant, the badness of his Health making him much more incable of receiving Instructions. He declar'd that he dy'd a Christian, in Peace with all the World, entertaining Malice in his Heart at no Person, and that he believ'd, that God who made him wold have Mercy on him for Christ's Sake. At the Place of Execution. WHeeler, the East Indian-Black , was mute having been always a stupid Boy, only he said that he hoped to have his Soul saved by the Mercy of God through the Merits of Jesus Christ. John Fox appear'd with an undauted Boldness, and said that he had nothing more to add, having been always unwilling to say any thing in Acknowledgment of his Guilt: He own'd himself in general to have been a great Sinner, and declar'd that he believ'd in Christ his only Saviour, hoping God would show him Mercy for his Sake: He desir'd me to pray heartily for his Soul, as he said he did. Both of them were very serious in time of Devotion, and Mr. Fox made Answers where he could, repeating much of the Prayers after me, and saying frequently, Amen, but there was a little of too indifferent an Air about them. They went of the Stage crying to the Lord Jesus to receive their Spirits, and that God would have Mercy upon their Souls for Christ's Sake. This is all Account given by me, JAMES GUTHRIE , Minister at Newgate . London ; Printed by JOHN APPLEBEE in Black-Fryers .

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17270322

OA17490317

THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, & Dying Words Of the THREE MALEFACTORS Who were executed at TYBURN On Friday the 17th of MARCH 1748-9. BEING THE Second EXECUTION in the MAYORALTY OF THE Right Honble Sir William Calvert , Knt . LORD-MAYOR of the CITY of LONDON . NUMBER II. For the said YEAR. LONDON: Printed for, and sold by T. PARKER, in Jewin-street, and C. CORBETT over-against St. Dunstan's Church, in Fleet-street, the only authorised Printers of the Dying Speeches. M.DCC.XLIX. [Price Six-pence.] THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, &c. BY Virtue of the King's Commission of the Peace, OYER and TERMINER, and Goal-Delivery of Newgate, held before the Right Honourable Sir WILLIAM CALVERT , Knight , Lord-Mayor of the City of London ; the Honourable Baron CLARKE, Mr. Justice WRIGHT, Mr. Justice BYRCH, RICHARD ADAMS , Esq ; Recorder , and other of his Majesty's Justices of OYER, and TERMINER, and Goal-Delivery of Newgate, holden for the said City, of London, and County of Middlesex, at Justice-Hall in the Old Bailey , on Wednesday the 22d, Thursday the 23d, Friday the 24th, Saturday the 25th, and Monday the 27th of February, in the 22d Year of his Majesty's Reign; JOHN RAVEN , NICHOLAS MOONEY , THOMAS HOLLY , JOHN BURK , and BENJAMIN WATTS , were capitally convicted, and received Sentence of Death accordingly. They all of them constantly attended divine Service in the Chapel, since their Convictment, and appeared very penitent and earnest in their Devotion. On Thursday the 9th Instant, the Report of the above 5 Malefactors was made by Mr. Recorder to his Majesty, when he was pleased to order the 4 following for Execution, viz. John Raven , Thomas Holly , John Burk , and Benjamin Watts , on Friday the 17th Instant. Nicholas Mooney , upon Account of some Circumstances, which were laid before his Majesty, is respited till the 20th of April , John Raven reprieved by his Majesty for Transportation , and the remaining three order'd for Execution as above. 1. THOMAS HOLLY was indicted for robbing Mary Dale , in an open Field near the King's Highway, of one Silk Handkerchief, Value 6 d. Jan. 20th . He was a second Time indicted for robbing Sarah Buscoe , &c. of a Silver Thimble, Value 3 d. and Six-pence in Money, Jan. 20th . 2. JOHN BURK , late of St. Giles's in the Fields , was indicted for robbing Terence Walden of 1 Waistcoat, Value 2 s. and a Handkerchief, Value 6 d. Feb. 3d. 3. BENJAMIN WATTS , alias ROTTEN , late of Saterly in Suffolk , was convicted, as being a notorious Smuggler, and not surrendering himself according to order of Council . 4. John Burk , aged 21, was born in Dublin . At about 9 Years of Age, he says, he was sent abroad as a Cabbin-Boy , on board a Merchant Ship that sailed from Appledore , near Biddeford in Devon , trading to Virginia , and he continued in that Capacity, and before the Mast for 3 or 4 Years. The last Voyage he went in her, he says, was about the Commencement of the late War with France, when being homeward bound he was press'd into his Majesty's Service, and taken on board the Mortar Bomb . He had not sailed in her long, but cruising the Bristol Channel in Hopes to pick up more Seamen, off the Island of Lundee , they met with bad Weather; and that Channel being pretty open to the Wind, as he says, as it then blew, they thought it might be more safe to come to anchor under the Island. But the Storm increased so upon them, that they expected all to perish; for after cutting their Masts by the Board, and throwing over their Guns, &c. they were obliged to let down all their Anchors, which, notwithstanding would not preserve them; but the Violence of the Winds and Waves parted their Cables, and they were left entirely to the Mercy of the Sea. In this dangerous Condition, without Mast or Rigging of any Kind, they were toss'd up and down for 3 Days and Nights, and the 4th Day about 9 o'Clock in the Morning, the Storm abated, so after running that great Hazard of their Lives, the Ship's Crew were providentially saved, and got into Appledore Harbour . The Owner gave his Orders immediately to refit, (the Hull of the Ship all the while having received very little Damage) which was accordingly set about, and Burk stay'd till she was compleated, and ready to fail. But, then thinking he had been in this Employ long enough, had suffer'd sufficient Hardships, he determin'd the endeavouring to change his Fortune, and try what he could do in another Way of Life; so taking French Leave, as he call'd it, he left Biddeford , and cross'd the Country to Plymouth , where he was no sooner come, than a Press-gang meeting him in the Streets, saluted him, with How dost do Brother Tarr? and hurried him directly on board the Ludlow Castle a 40 Gun Ship of War, but he says, he had the Liberty to enter himself as an effective Man before the Mast. During his being on Board that Ship, which was only eight or nine Months, she was one of the Fleet ordered to go before Ostend, while it was besieged by the French in the late War. And the Governor desiring some Assistance, a Complement of Men from every Ship was sent, and he made one of the Number that was draughted out for that Purpose He was ashore he says in the Garrison of Ostend about eighteen Days, and it being the Opinion of the Governor, that the Place must be taken, he and the rest that belonged to the Men of War, were again sent back to their respective Ships; and accordingly the Town surrender'd to the French. The Ludlow Castle returned presently after to the Downs, and from thence was dispatch'd with some others to Amsterdam, in order to Convoy to England, a Dutch India-Man; which being effected, and arriving at Sheerness , Burk became Sick, and was sent on Board the Britannia Hospital Ship , where he was taken proper Care of. By the Time he recovered the Ludlow Castle was gone to the Westward, and he was turned over to the Amazon , which having been taken from the French, was made an English Man of War of twenty Guns. In this Ship they had the good Fortune to take a French Privateer to the Westward; with which Prize he and some other Hands were sent into Mount's Bay, and it being there sold to a Merchant of that Neighbourhood, he was discharged, and made the best of his Way on Foot for London , when he came here, be went aboard a Ship, called the Jamaica Snow , from which he was again press'd into the Service; and after some Time being kept on Board the Royal Sovereign , was turned over to the Pool , a forty Gun Ship of War, his stay on Board the Pool was about six or seven Months, and then he was in the Deal Castle for the Space of two Months. After all he got on Board the Mortar Bomb again, which was the first Kings Ship he ever was in, and continued there he says, about thirteen Months in the Channel Service. At the End of which Time she came up to Woolwich , (it being the latter End of July or Beginning of August last) and being paid off, he among others was discharged the Service. And now he says, he went to his Parents and lived with them in St. Ann's Parish , Westminster , with thirteen Pounds in his Pocket, which was all the Wages that remained due to him, he then lived with them till about three Weeks before Christmas, he afterwards went down to Parkgate , and failed from thence in a Packet Boat, he landed at Dublin on Christmas Eve; but not meeting with any great Encouragement, or kind Reception, he left his Native Country again and repaired to London about the Middle of January. Since which Time he gives no other Account of himself, but that he lived with his Friends very quietly, who gave him Meat, Drink, and Lodging, and was in hopes of going to Sea again soon He says he had been that very Day, he was taken up, to agree with the Captain of a Virginia Trading Ship, that he had been on Board the Ship, and had hired himself to go a Voyage. He says, that coming Home in the Evening through Lincoln's Inn Fields , he did meet the Prosecutor, Terence Walden , and gave him a blow upon the Head, who immediately cryed out Murder, Burk took to his Heels, and ran away. Some People hearing the out cry, came to see what was the Matter, and hearing the Complaint, pursued Burk and took him. The Prosecutor then upbraided him with what he had done. Burk says, it was the Prosecutors crying out that made him run away, but whatever he intended to do, being in Liqour, he thought it better to run, then to stay to be taken. He had taken nothing from the Man, and expected no Harm to ensue, or otherwise he had Time enough to have escaped from them. He never was concerned, he says, in any such Thing before, and that if he had not been drunk, he should not have attempted this Fact, and though he was often told, how positively the Prosecutor swore to his taing the Handkerchief and Waistcoat, &c. that in running he flung away the Stick and Parcel together; yet did he declare to the last, that he never handled the Parcel, nor offered the open Knife to the Terror of the Prosecutor, and he declared upon hopes of seeing God, that when he met the Prosecutor, he struck him with his Stick; but never said a Word to him, nor offered to take any thing from him. 2. Benj. Watts , aged 42, was born at Saterly , and bred a Carpenter by Trade, at which he wrought for the support of his Family for many Years; till about 7 Years ago it pleased God to visit him with a grievous Sickness, which confined him a long Time, and was very expensive to him, and he scarce escaped with Life. However he was rendered thereby incapable of getting a Livelihood, and Maintenance for his Family any longer by his Trade aforesaid. Complaining to his Acquaintance and Neighbour of his Hardships, and Misfortunes he now laboured under, he says to him, why don't you take on with the Smuggling Trade? Watts replyed, he had spent all his Money in his Illness, and was very Poor. His Neighbour however advised him so to do, and to encourage him lent him some Money to begin with; and now he began to buy Parcels of Tea, &c. of the Smugglers, and to sell it again in any small Quantity, not thinking it was a Crime; but says, he never landed any Goods contrary to Law, nor carried Fire Arms, being always since he got into those Ways, in low Circumstances, and in too bad State of Health, to attempt to undertake dangerous Exploits. However after the outlawry was proclaimed against him, he thought proper to leavehis own House, and secrete himself at a Friends for some Time But unluckily for him, going one Day to Bungy near Beccles to see a young Child of his that was kept by a Friend, at that very juncture of Time two Custom, or Excise Officers came into the House not thinking he was there, but to search for prohibited and uncustomed Goods. They seeing him, and knowing that there was an outlawry against him, were about to apprehend him in the House, but escaping from them, he took to his Heels, and ran away the Distance of some Fields. They follow'd as close as they could, and kept him in Sight, till by reason of a Phthysical or Consumptive Disorder, he has for some Years laboured under, his Breath fall'd him, and he could run no farther, he came to a Hedge, and finding himself spent, he thought it was best to surrender; but at first he says, in hopes to keep them off, he put his Hand to his side Pocket, as though he was about to draw out a Pistol, and bid them keep their Distance, for that the first Man, that came to seize him should be a dead Man: But after they had parleyed a little with him, and he found they were determined to take him, says he to them, Gentlemen, you need not be afraid, I have no Arms, and since I find I cannot get away from you, I surrender myself to you; you are welcome to do as you please with me. So they took him without any farther Resistance, and brought him back again to a Public-House at Bungy , where they charged a proper Officer with him, till they could get a Party of Soldiers, and then they set out, and brought him directly to London , about the Beginning of January last, and he was committed to Newgate . The Case was, there was one Sam. Colliton , who kept the Wallnut-Tree at Benacre , had lodged an Information upon Oath against him before John Oxenford , Esq ; Justice of the Peace for the Liberty of the Tower , that he, with others, to the Number of three, or more, were assembled together at Benacre in Suffolk , on October 8, 1746, in order to be aiding and assisting in landing uncustomed Goods. In Consequence of which he was advertised in the London Gazette, and not surrendering himself according to Order of Council, became liable, and was tried by Suggestion; which contained certain Facts founded on a late Act of Parliament, made in the 19th Year of his present Majesty's Reign, entitled, An Act for farther Punishment of Persons concerned in landing and carrying away uncustomed Goods, &c. in Order to bring in a Number of Persons that had been guilty of great and violent Offences, to surrender themselves to Justice; and if they did not before a Day fixed by the King's Order in Council, that they were then declared to be Felons convict, and to suffer Death as other Felons. So that this Punishment he has brought upon himself by his own Obstinacy; for if Innocence had been of his Side, he might have surrendered, and made it appear, and then his Life had been safe: But the flying from Justice, he is now sensible, argued Guilt in the Eye of the Law, and, of course, Punishment must ensue. However, according to the common Usage of these People, he refused to own the Matter of the Information against him to be true; but said, as it pleased God to suffer him to be thus dealt with, he received his Fate with Resignation, forgiving all Men, as he hoped to be forgiven. Being desired to ask him whether he knew any Thing of the breaking and robbing the House of Mrs. Leman, at Wenhaston, near Blithburgh, in Suffolk, which was done on the 5th of December last, by about half a Dozen Persons, supposed to be Smugglers; he protested he knew nothing of the Fact, nor who did it, and thank'd God that he had never been guilty of any such like outrageous Piece of Villainy. 3. Thomas Holly , aged 22, was born about four Miles from York City, and the Account he gives of himself is, that his Parents being in low Circumstances in the World, when he was about 11 Years of Age he was obliged to shift for himself; so going aboard a Coal-Ship that traded from York to London , he maintained himself for two Years very well by his Wages, without being burthensome to them, who had many Children to provide for. Afterwards he entered on board the Success Man of War , of 20 Guns, being then bound for Ireland . It was expected she would have been stationed there for three Years, but having staid only eight Months, received Orders to proceed to New England . In their Passage thither, she had the good Fortune to meet with a Spanish Galleon, three Leagues to the Westward of the Bay of Biscay. It was a French Ship, in the Service of Spain. The Success fired once, and upon the second Fire, he says, the French Captain fell down in a Fit, after having given his Orders to fall to Leeward, and strike, tho' the Gunner and Boatswain were preparing to engage. Accordingly, without firing a Gun, she became a Prize to the Success, who clapped some of her Men on board, and carried her to New England . There was Cargoe and Money on board to the Amount of 70,000 l. 143 Bags of Dollars, besides a large Bag of Diamonds, and other very valuable Things. She proving lawful Capture, was sold in that Country; but out of the whole Amount, this poor unhappy young Man's Share was only 36 l. Having staid in New England about 22 Months, the Success returned to England with some Trade under her Convoy, and afterwards went to Lisbon ; from thence she went upon a Cruize on the Coast of France , where she met with some small Prizes, upon Account of one of which he has ceived 11 s. 6 d. the other remains yet unpaid. Having been cruising in the Channel, and upon the French Coast, about two Years, she came up to Sheerness , and Holly got ashore; when remembring he had undergone great Hardships for some Years, and wishing to see his Parents again, he proposed to go into Yorkshire ; in order to which, he gave another young Man some Money to go on board the Ship in his Room, and he was dismiss'd. He accordingly went, though he stayed but a little while with them, and came up again to London . Then he went on board the Tender, a Ship appointed to carry Men and Stores forwards and backwards as Occasion required. In this Situation he remained about four Years, and last April quitted that Ship. Afterwards he went to Holland in a Trading-Vessel, and returning to London, went again Home to his Parents on board a Coal-Ship, and came up to London again. He work'd his Passage down again on board a Collier, and staid with his Relations in the Country till November last, and then came up to London, and, to his great Misfortune, has had too much to do with loose and wanton Company. His Parents had received for him the Thirty-six Pounds abovementioned; and when he left them last, he had Twenty Pounds of them, which he brought to Town, but it lasted not long among such Companions as he betook himself to. When that was gone, they taught him how to go about to get more, and he was so regardless of his own Interest, as to listento their evil Council, to the Hazard of his Life. He owned he had got into bad Company, but said he knew not their Names, nor where they belonged to: Moreover, that he had not been concerned in any Robbery, nor had his Companions committed any to his Knowledge; but loose and idle they were, and had persuaded him to become so too. And now, being reduced to very great Straits and Necessity, and a Woman, he called his Wife, being ready to lye in, which occasioned her Complaints in such Circumstances to be the more frequent and clamorous, he could think of no other Expedient to provide for her, than by Robbery and Plunder. The Woman is since brought to Bed, I was told, and is in a miserable Condition, and the Child, not a Fortnight old, was brought for him to see about two Days before his Execution. The Day he committed the Fact, for which he suffered, he says, he had been rambling with loose and disorderly Fellows, and made himself drunk with Gin. He had left them, and was going over the Fields near Limehouse Church , where he met the two Women, the Prosecutors. He went up to them and said, he wanted Money; they told him, they had got none for him; but he swore at them, and said again, he would have what they had got. Upon which, searching one of the Women, and she having no Money, he took away the Handkerchief, but from the other, protested he took nothing at all. The Woman indeed in Evidence said, that he gave her the Thimble upon asking for it; and the Man that took him said, he denied before the Justice, that he took a Six-pence. At this very Time, a Man coming by with a Cart, was told, that a Robbery was commited by Holly, and that he had put the Women in Fear of their Lives: Upon which he ran to him, and seizing him, had him before a Justice of the Peace at Hackney , who commited him to Newgate . He was satisfied of the Justice of his Sentence; but being but a Boy, as it were, he might, he flatter'd himself, have met with some Favour, in Consideration of his Youth, and that the Robbery he was convicted for was but trifling. But, being made sensible, that taking a Handkerchief, or Ten Pounds upon the Highway, is liable to the same Punishment; he said, well, I cannot help it, if I must suffer for it here, I hope, the Lord Jesus Christ will lookupon me with Pity and Compassion, and have Mercy upon my poor Soul hereafter. At last he did own, that he had committed other Robberies, two or three, but that they were done when he was in Liquor, as, it seems, was too often the Case with him; but said, he never got much by it, and lamented himself very much, saying, that Drunkenness had been the Cause of all the Evils he had done or suffered. At the PLACE of EXECUTION. ON Friday Morning, the 17th Instant, about Nine o'Clock, John Burk , Benjamin Watts , and Thomas Holly , went from Newgate in a Cart to the Place of Execution, attended by a Party of Dragoons, and Foot Guards. They joined in Prayer to God with me to forgive them their Offences; and having recommended their Souls to the Infinity of the Divine Mercies, they were turned off, calling upon God and the Lord Jesus Christ to receive their Souls. Watt's Body was, by his Friend's Direction, carried away in a Hearse, which attended for that Purpose. Burk's and Holly's were put into a Cart, which they had provided, and guarded away from Tyburn by a great Company of Sailors. This is all the Account given by me, JOHN TAYLOR , Ordinary of Newgate . N.B. As I promised, at my first coming into the Place of Ordinary, that I would neither add or diminish from the Account, these poor unhappy Wretches give of themselves, and as near as possible, always repeat it in their own Words; so the Publick may perceive by the foregoing Sheets, that I have been strictly true to my Promise: As these poor Creatures were quite illiterate, and could hardly deliver their Accounts intelligibly, I have only endeavoured to make it sit to read, keeping to their own Words as near as possible.

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A True ACCOUNT of the BEHAVIOUR, CONFESSION, And Last Dying SPEECHES, Of the Criminals that were Executed at TYBURN, On Friday the 24th of this Instant May. 1695. ON the Lords-day, being Whitsunday, the Ordinary preacht to the Condemned, from the 10th verse of the Fift Chapter of the first Epistle of St. John, in these words, He who Believes hath the Witness in Himself. It was the great design of Christs Spirit, in pouring out his Extraordinary Graces on the Apostles, that They might be furnisht with requisite Endowments for the preaching of Redeeming Grace by Christ. I shall explain the maning of this Sacred Priviledge in the Text. The renewed Conscience bears Testimony to the Divinity of Christ's Person, and the Meritorious Offices of his Redeeming Love; from the Supernatural Effects of that Water and Blood, which issued out of Christ's Heart, and Side, being Justifyed by the One, and Sanctified by the Other; yet, because the water of Purifying-Grace runs low and shallow, being defective at best, we must have recourse for Comfort, to the Testimony of Christ's Bloud-shed, which merited for Us, the Imputation of Perfect Righteousness. The doctrinal Observation was this, That the very implanting of Faith in the Heart, gives a Right to Eternal Life, because, God hath appointed an inseparable Connexion 'twixt Faith and Salvation. Therefore such, who were never Sensible of the Malignity of Sinning, and never had any Valuation of Christ's infinite Perfections, so, as to make them Vile in their own account, and root the love of sin out of their Hearts, Their Confidence in Christ, is only a fanciful Presumption, which will decieve them, Christ's Righteousness must not only be rely'd on to pacify the disquieting Guilt of Conscience, but the heart must also be resign'd to the conduct of God's Word and Spirit, for Healing the Corruption of defil'd Nature. Genuine Faith extends it self to the purifying of the Heart, by Corroborating all the combined Graces of the Holy Spirit, being virtually all Obedience, as Unbelief is seminally and radically all Sin. The Inference. Doth it not nearly and deeply Concern you, to Inquire, whither the Spirit of Christ dwell in you, as having implanted true Faith in your Hearts. The effects of which, are These. 1. Doth your Faith work by Love to Christ, so that He Commands all your renewed Faculties, in universal, constant, and cheerful Obedience to his Sacred Laws. 2. Doth your Faith draw a Veil over all Creature-Excellencies; so that, you admire Nothing but Christ Crucified? 3. Doth your Love to Christ out bid all Temptations of worldly profit, and sinful pleasure? Do you prefer any single Precept or promise of God, before the Confluance of all earthly Enjoyments? 4. True Faith gathers Growth and Courage by Persecution for Righteousness sake; It can do and suffer all things, unless this, that any Lust should reign and rest uncontrouled in the Soul. These are the Effects of a Genuine Faith, to which, the Spirit of Christ sets his Testimonial Seal, for the Comforting of a Believer in all distresses. This is a superadded act of Grace or Favor, in causing him to have the joyful Perception of Christ's redeeming Love, as Sanctifying his Nature, before defiled with the Reign of Lusts, This being well considerd; It is contradictory to the stated terms of Salvation, to believe that God appointed Christ to dye for any man in particular, till he rightly imbrace Him, on the Conditions of the Gospel Covenant. After he hath done thus, he may persuade himself truly and rationally, that Christ dyed for him in particular, that his Sins are pardoned, and himself is accepted to Eternal Life, that he be not So absolutely assured of this, as to be filled with sensible Joys, unspeakable and full of Glory. The Conclusion was thus directed to the Condemned. Is Eternal Salvation only annext to true Faith, as an evident Testimony of it? How doth this Condemn the pride of mens hearts, that no Command of God is so much opposed, as this precept of Believing in Christ for Righteousness; because it nullifies all Conceit of Worthiness in the Creature. Yet, you have Encouraged your selves in the Excesses of sinning, as perverting Christ's Death, to become the Patronage of your Lusts. How remote are you from any Well-grounded Hopes of Salvation by Christ, when all the Witnesses in Heaven and Earth, may justly Accuse, Testify against and Condemn you, to Eternal Torments? God the Farther, is a consuming Fire without an Interest in Christ, and the Avenger of every Transgression against his Sacred Laws. How should he have any pitty for such, who have slighted all his gracious and earnest Expostulations, that they would not destroy themselves, but turn to him and Live. 2. The Blood of Christ Crucified a fresh, shall not be the Expiation of their guilt, but shall plead for Vengance against them; It shall justly aggravate there Condemnation, because they despised the value of it to purchass them, and the sanctifying virtue of it, to Seal them to Eternal Life. 3. The Spirit of God, the Comforter, shall not pitty them under the depth of there Eternal Miseries, because they have offred despight to his gracious Sollicitations for there Conversion. Oh Sad! That ever Gospel, which they would not admit to be the Rule of there Obedience, shall sink them deeper into Hell. 4. The Water of Baptism, which gave them the Title of Christians, shall Testifie against them, because, they denyed Christ in their Works, and thereby, tore off the Seal of their Baptism, making void to themselves all the saving Benefits thereof. Such must needs carry many Hells within themselves, when all the Witnesses in Heaven and Earth shall Condemn them, because they have directly despised and opposed the only Remedy to recover them from a state of sinning and Eternal Misery. The Sting of their Condemnation is sharpned, because they have drawn it wilfully upon themselves. Besides, it is mixt with the wrath of God, which is inflicted without the least Pitty or Intermission; because they have persisted, in despising the offers of Mercy, and a Pardon on God's equitable Conditions. Be persuaded to break off your Iniquities by a timely and sincere Repentance; by an hearty Acceptation of Christ, in Obedience to his Sacred Laws. Thus shall you be Redeemed from the wrath of God. Thus shall you obtain well-grounded Hopes of future Happiness; when you have this Witness in your selves that you are Conformed to the power of Christ's Death and Resurrection. Be Abased in your selves, that so Free Grace may Exalt you, to the lively Hopes of heavenly Felicity: Thus may you outface the grim aspect of Death, and Triumph over the bitterest Agonies of it, in the insuperable strength of God's Salvation. This will be the surest Testimony of his loving Kindness, which is better then Life or Enjoyments of it, as sealing you by his Spirit to the day of Compleat Redemtion. I proceed to give an Account of the Behavior, and Confessions of the Condemned Criminals. I. Edward White , Condemned for Felony and Burglary, in breaking the House of Edward Cooke , in the Ward of Broadstreet , London . He acknowledg'd, that he had served King William as a foot Soldier for one year and an half, leaving that Employment, he entred himself into the Kings Seaservice , but coming on Shore, he committed this Fact the night before he was committed for it. He confest that he did it alone, no Person being with him. But repents that he knew Bad company before, which made him more prone to adventure on this Crime. And that he had done wrong to several Persons. That he had Good Education, yet he had been a great sinner. That he omitted praying to God that He would keep him from the Evil Inclinations of his own Heart; so that he proceeded in evil Courses, such as Drunkenness, Swearing, and breaking the Sabbath. He said, that now sin is an heavy burden on his Conscience, yet, he doth what he can to obatin of God Repentance for all his sins, because that Christ will not apply his Merits to any Impenitent Person. II. James Gillett , Condemn'd for High-Treason, in stamping and making several false pieces of Coin of mixt Metals. Also for Clipping and diminishing the Lawful Coin of this Realm. He said that he served Seven years a Silk stockingweaver , and wrought afterward for himself. Leaving that Employment, he kept the trade of a Lock-Smith , but quitting that, he went to Sea in a Merchent ship . He denied not the Crimes of Clipping aud Coining. He acknowledged, that he joyned with bad Company, that he neglected the worship of God on the Lords day: Did not pray that God would guard him from the Temptations of others, that his own Evil Inclinations might not prevail upon him. So that he fell into many Excesses in Sinning, but said, that now he hopes he doth heartily repent of all his Extravegant Courses, and were he to Live, should hate those Sins, which he did frequently commit. III. William Moore , Condemned for Felony and Burglary in breaking the House of Thomas Moulton . He is aged 25 years, was Born in Stafford-shire . He kept an House in Pell-Mell , wherein he exercised the Trade of a Barber . He was not free to Confess his sinful course of Life, only said, that he had broke the Sabbath and sinned otherways, but did not Express in what Particular. IV. John Shaw , Condemned for joyning in the foresaid Felony and Burglary, aged 24 years. He was born in Wales . He denied not the Crime. He was a Corporal in the Kings Guards . But not keeping close to his Duty, fell into loose Acquintance; also that it grieved him, that he did not follow the good counsel of his Parents, but was Refractory to them. Therefore he thinks that he is justly punisht by this untimely Death. Yet, he Hopes that God will not forsake him utterly. For he heartily prays that the Lord would mollifie his hard Heart, and grant him Grace to amend his Life, if he might have sparing Mercy. V. John Terry , Condemned for joyning in the foresaid Felony and Burglary. Aged 27 years. Born at Exceter , a Wool-Comber by Imployment. He had not left it long, but growing Idle, he contracted bad Acquaintance; Thereupon he broke the Sabbath, and committed other sins. But he hopes, that God by this distress, will make him penitent and change his Heart. VI. William Wake , alias Dimmett , Condemned as Accessory with one William Yorke and others, for breaking the Spanish Embassador's House. And for making, or procuring to be made, an Instrument of Iron called a Betty, for the Effecting the foresaid Burglary. He is Aged 27 years, was born in Shoelane , was a Gilder by Trade; But for six years past, his Employment was in Heaving Coals out of Ships into Lighters . He said that it was hard Labour yet he spent all the Mony which he got thereby, very vainly. He said that he had been guilty of many Sins, yet named none besides the breaking of the Sabbath. (so they called the Prophanation of it) He said that though he seldom prayed formerly, yet now he Prays, that God would give him Repentance and fit him for his Death. VII. Mary Bennet , Condemned for picking the Pocket of Mary Brittin in Newgate-market of one Guinea, value twenty five Shillings, with Forty shillings in Monies numbred. Aged 19 years. Born in St. Giles's Parish . She said that she dwelt with her Father formerly, But not being ruled by him, left him, and fell into bad acquaintance. That she did not pray as she ought, nor keep the Sabbath, so she committed many other Sins VIII. Eliz. Tethrington , Condemned for a Robbery in the High-way, committed on the body of Elizabeth Garret , an Infant of the Age of six years, stripping her of her Clothes. She is Aged 19 years. Was born in Lancashire . She kept the Markets in London , buying and selling Fruits and Herbs . She denied not the Crime. She said that she had been a wicked sinner in breaking the Sabbath and other ways. Confessing in particular that about last Easter, she was prevailed on to commit an unchaste Act, with a Person who promised to Marry her. But she begs of God, that he would give her Repentance, for that and all her other sins IX. Peter Major , Condemned for robbing on the High-way. He denied not the fact. He is aged 27 years, was born in in London , was a Shoemaker by Employment, and might have lived well in it, but he grew Idle, and kept company with bad Women. He brake the Sabath, did drink in Excess, and prophaned the Name of God by Swearing. He Marred a Wife, with whom he had some Estate. She would have maintained him well, if he would have followed his Trade, He said that it now grieves him, he did not follow her good Counsel and Example; but was unnatural to her, and the Children he had by her, he wept, yet said, that his heart was hard, as having been, a great Sinner, but he desires, that the Lord would make him thorowly penitent, and change his Heart. On Friday the 24th Instant, Edward White , John Cole , Will-Moore , and Peter Major , were convey'd to Tyburn in two Carts, and James Gillet on a Sledge, the Criminals all lamented and bewailed their sinful Lives, which had brought them to this untimely and shameful End; and being come to the Tree, were all ty'd up in one Cart. Peter Major deliver'd this Prayer and desired that it might be Printed, which is as follows. O most merciful and comprehensive Lord our God, who knowest how frightful Death is to Humane Nature, how Sin makes it the Prince of Terror; Oh! fit me for this hour of Darkness, this dreadful Hour, that is drawing on; and that great Account I must shortly give at thy Judgment Seat. O God forgive me all my Sins known and unknown, and to them I have Wronged; I humbly beg that thou wouldst be pleased to restore them fourfold in thy Everlasting Kingdom. O Lord, I confess, my Sins are many and great. O Lord increase my Faith in Christ thy Son, make it strong and stedfast, and through thy Mercy and thy Sons Merits effectually awaken my Conscience to a true sense of an hearty Sorrow for all my past Impieties, and let my Repentance be to Salvation. O Lord, into thy Hands do I commit my Spirit. He declared that he had seen many Executed, but never could take warning by it, but did earnestly desire the Spectators to take this timely warning by him, that they may not come to such an untimely Death: Then the Ordinary pressed John Cole three several times to discover the Murderers of Dr. Clinch, but he said, as he was a dying Man, he knew nothing of it, or of any that did do it. Moore said, that he was afraid he had not repented enough, and asked God Forgiveness for all his Crimes: And Gillet thought he had deferred his Repentance in hopes of a Pardon: And White exhorted the People to lead good Lives and to be careful in keeping of the Sabbath: Then the Prisoners desir'd the Ordinary that they might Sing the Hundred Psalm, which accordingly he did; then they joyned with the Ordinary in Prayer, and after that they were turn'd off. This is all the Account I can give of this Sessions. Sam. Smith , Ordinary . Dated April 24. ADVERTISEMENT. At the Blew Ball in Whale-Bone-Court, at the lower end of Bartholomew Lane, by the Royal-Exchange, liveth a Physitian. WHo infallibly Cures the French Disease and Claps, and and all others its Numerous Attendant, which oftentimes are the products of other grievous and lasting Diseases, to the utter ruine of many, besides frequently untimely Death procured by them through grand Abuses, Committed by the irregular and base Methods and Medicines of foolish and unskilful Pretenders. These are therefore to Advertise all Persons who are Afflicted with the Disease abovesaid to repair to him, for he performeth the true and perfect Cure thereof, without hinderance of business, and with all imaginable speed and secresy. His Pills only prepared for the French Desease and the Running of the Reins, may be had in Boxes of several prices, with other Venerial Arcanoes, as occasion requires. Price, from 1 s. 6d. to 3s. and from 3s. to 6s the Box with Directions. London, Printed for E. Mallet, a Sir Edmunbury Godfrey's Head, near Fleet-Bridge, 1695.

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OA17360726

THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, and Dying Words, OF THE MALEFACTORS, Who was EXECUTED at TYBURN, On WEDNESDAY the 11th of this Instant August, 1736, AND THOMAS REYNOLDS , who was Executed July 26. BEING THE Fourth EXECUTION in the MAYORALTY, OF THE Rt. Hon. Sir JOHN WILLIAMS , Knt . Number IV. For the said YEAR. LONDON: Printed and Sold by JOHN APPLEBEE , in Bolt-Court , near the Leg-Tavern , Fleet-street , M.DCC.XXXVI. [Price Six-Pence.] ADVERTISEMENTS. The most wonderful Cleansing and Strengthening DROPS, for all Sorts of Gleets and Seminal Weaknesses, and Insufficiencies of the Generative Parts and Faculties; of which there have been actually Sold, no less than between 3 and 4000 Bottles, since April 1734, that they were first Publish'd; and by their being successful, in a more remarkable manner than common, (as by many Letters and Testimonies appear) in curing the very worst of these Imbicilities, when no other Remedies tried, could reach to the Cause of them, they are daily recommended from one to another, and are now in that almost Universal Repute, as to be more and more sent for and call'd for by Persons of all Ranks, both in, Town and Country, and by divers Practitioners also both there and here to give to their own Patients. THESE incomparable Drops, which for the abovesaid Disorders are not to be equall'd in the whole Art of Medicine, (and which, for their Elegancy as well as Excellency, are in such valuable Esteem by some of the highest Quality) were prescrib'd by the late great Dr. Radcliffe, for a certain Noble Lord, who for a long time had been vex'd with an old obstinate Gleet and Weakness, of which he was cur'd by them in a few Days, beyond all Expectation, after he had been harrass'd with Electuaries, Bolusses, Pills, Potions, Injections, and a hundred other Medicines, for many Months together in vain. The Apothecary who prepar'd them for him, according to the Doctor's Prescription, (which he has still upon his File] has made use of them ever since, to great Numbers of People, in the very worst of Gleets, Seminal and Genital Imbecilites and Infertilities, Pains in the Back and Reins, Disorders of the Urine, and Gravel, &c. with the utmost Success and Safety; as also in all Weaknesses from Strains, as well as Venereal Relicks, excessive Coition, Self-Pollution, Seminal Emissions in the Sleep, Falls, Blows and the like in both Sexes. And as they have never once faild him, even in Cases thought to be incurable, he now, for general Good, has made them publick; and that the meaner sort of People may partake of the Benefit of so divine a Remedy as well as the Rich, he has put them up in Bottles of but 3 s. 6 d. each, tho' for the Excellency of their Effects, they are worth their weight in Gold, more especially as one Bottle of them generally Cures, even in the most draining Gleets, and grievous Relaxations and Weaknesses of the Seminals and Genitals that are. Nor can there be prepar'd by any Art of Skill, a more cleansing and healing, or a more strengthening and invigorating Medicine, or one that can more effectually cure Impotency, or promote Fertility, than this, as every one that but once tries it will say, by their soon finding the Difference between this and other Remedies; for it will do more in one Day, towards restoring in these Weaknesses, than any others can in ten; and is of so corroborating a Nature, that it may be entirely relied upon for curing perfectly and firmly, without Fear or Relapse, even in the tenderest Constitutions, which can hardly be said of any other Medicine; and it is withal so elegantly pleasant to the Palate and so agreeable to the Stomach, that the nicest Person is delighted with it. Mr. West, Goldsmith in the Old-Baily, who us'd to sell these Drops, being dead, they are now Sold only by his Son-in-Law, Mr. Johnson, a Baker, at the Seven Stars in Vere-street, near Clare-Market [his Name under the Sign] seal'd up with Directions, for any Messenger, upon only asking for a Bottle of Drops, and paying 3 s. 6 d. This Day is Published, Price 5 s. EVERY Man his own Lawyer: Or, a Summary of the Laws of England, in a New and Instructive Method, under the following Heads, viz. I. Of Actions and Remedies, Writs, Process, Arrests and Bail. II. Of Courts, Attornies and Solicitors therein, Juries, Witnesses, Trials, Executions, &c. III. Of Estates and Property in Lands and Goods, and how acquired, Ancestors, Heirs, Executors and Administrators. IV. Of the Laws relating to Marriage, Bastardy, Infants, Ideots, Lunatis. V. Of the Liberty of the Subject, Magna Charta, the Habeas Corpus Act, and other Statutes. VI. Of the King and his Prerogative, the Queen, Peers, Judge, Sherists, Coroners, Justices of the Peace, Constables, &c. VII. Of Publick Offences, Treason, Murder, Felony, Burglary, Robbery, Rape, Sodomy, Forgery, Perjury, &c. And their Punishment. All of them so plainly treated of, that all Manner of Persons may be particularly acquainted with our LAWS and STATUTES, concerning Civil and Criminal Affairs, and know how to defend themselves, and their Estates and Fortunes; in all Cases whatsoever. Printed for J. Hazard, against Stationers-Hall, near Ludgate. Where may be had, 1. The Law, of Tithes, the second Edition, pr. 5 s. 2. A Tithing Table, shewing by way of Analysis, of what Things Tythes are, or are not dne, either by Common-Law, Custom, or prescription, price 1 s. Both the above by William Bohun , of the Middle-Temple , Esq ; THE ORDINARY Of NEWGATE, His ACCOUNT of the Behaviour, Confession, &c. ON Monday the 5th of July, 1736, before the Rt. Hon. the Lord Hardwick, Lord Chief Justice of England; and the Honourable Justices of his Majesty's Court of King's-Bench, Westminster. Two Men, viz. James Baylis and Thomas Reynolds were, by a special Jury, after a Trial of four Hours, found guilty of a capital Crime; and then remanded back to Newgate , and ordered by the honourable Court to be brought up on Saturday next, the 10th of July, to receive Sentence of Death, when they were accordingly carried up before the Court of King's-Bench, and sentenc'd to die; and they were afterwards kept in the Cells of Newgate , until Execution of the Sentence. While under capital Conviction and Sentence of Death, they were exhorted seriously to prepare for Death, and although they were not accused of those Crimes, for which unhappy People are commonly called to Account, such as Murder, Robbery, House-Breaking, &c. yet I shew'd them, that the Crime they stood convicted of was most atrocious, and being committed against those Laws and Regulations, which are framed and appointed by the Wisdom of the Nation, for the keeping up of Society, and the common good of Mankind, and that they who resist and contemn the King's Laws, resist the Ordinance of God; for Kings are called God's Deputies, Substitutes and Vicegerents, and they that resist shall receive to themselves Damnation; for this I cited to them the Apostle's Precept, Let every Soul be subject to the higher Powers; for there is no Power but of God: The Powers that be, are ordained of God. Whosoever therefore resisteth the Power, resisteth the Ordinance of God; and they that resist, shall receive to themselves Damnation; for Rulers are not a Terror to good Works, but to the Evil: Wilt thou then not be afraid of the Power? Do that which is good, and thou shalt have Praise of the same, &c. Rom. xiii. 1, &c. From this I observed to them, 1st, That every Soul, i. e. all Men and Women without Exception, high and low, rich and poor, &c. by the Tenour of our Christianity, are commanded to be subject to the higher Powers, i. e, those lawful Princes, and other Governors, whom God in his good Providence hath set over us. 2dly, That it is most agreeable and reasonable, that all Persons thus subject themselves to the higher Powers, because these Powers are of God, and the Powers that be are ordained of God. And 3dly, we observed, that Rulers, Kings and Governors were appointed for the good of Society, to keep up good Order, Decency, Uniformity, and Peace among Men, and therefore they were to be respected and obey'd as the Ordinance of God, and as being a Terror not to good Works, but to the Evil; so that if one will not be afraid of the Power, he ought to do that which is good, and then he shall have Praise of the same. While they had these and many like Exhortations, both of them were very sick and weak, and scarce able to walk, being oblig'd to be supported by the Runners of Newgate; yet they gave punctual Attendance in Chapel, and behav'd always with abundance of Submission and Resignation, and outward Signs of Repentance: They wept much, and shed plenty of Tears, especially James Baylis , who griev'd and lamente very much; as likewise did his Wife and two or three young Children, whom he tenderly loved. His Wife came up to London after him, and did him all the Service that lay in her Power, 'till at length she was seiz'd with a violent Fever, and lay sick at a publick Inn, without any Expectation of Life: After her Husband was under Sentence of Death, she grew a little better, came to wait on him as often as she could be allow'd, and although still in a weak state of Health, did him all the kind Offices that lay in her Power; yea, and much more than could be expected; and among other important Services she did him, she constantly went through the Town, begging of some People of Note, to interceed for a Reprieve for her Husband, which Favour, to her great Joy, was at length happily obtained. Baylis was ignorant, and could not read, and neither of them made any Responses in Chapel; Reynolds, because of his bad State of Health, al ways laying down his Head, being mightily dejected; yet they were both very attentive to Prayers and Exhortations, shewing the greatest Concern imaginable, having none of those indifferent or indecent Carriages which many, under the like unfortunate Sentence, are too apt to fall into, but always behaving as true Penitents, who were careful to make up their Peace with God, before they were obliged to leave this miserable and vain World. Upon Wednesday the 21st of July, a Rule of the honourable Court of King's-Bench, came to Newgate, for Execution of the said two Malefactors, James Baylis and Thomas Reynolds , lying in the Cells of Newgate , upon Monday the 26th of July last. Upon Friday the 23d of July, her Majesty's most gracious Reprieve was sent to Newgate , for James Baylis , one of the two Men, who were under Sentence of Death, for being concern'd in the Tumult rais'd at Ledbury in Herefordshire ; the other Person, Thomas Reynolds , was order'd for Execution, on Monday the 26th of July last. Thomas Reynolds (with James Baylis repriev'd) having been accus'd some Time since, of pulling down and destroying Ledbury Turnpikes , in the County of Hereford , was not try'd particularly for that Crime; but he was indicted, before the Rt. Hon. the Lord Haudwick, Lord Chief Justice of the King's-Bench, and the honourable Justices of his Majesty's Court of King's-Bench, Westminster, on the Black Act, for going in Disguise, and arm'd with offensive arms contrary to the said Act of Parliament: Several Witnesses appear'd, and gave satisfactory Evidence to the Court: The Jury, (having been a special Jury call'd for that Purpose) after a Trial of four Hours, found them guilty of the Indictment. Death. They were order'd back to Newgate , and on Saturday the 10th of July last, by Appointment, they were carried up to Westminster-hall , and received Sentence of Death. 1. Thomas Reynolds , 28 Years of Age, of honest Parents in Ledbury Parish , Herefordshire , who put him to School, where he was taught to read, and instructed in Christian Principles: His Father having been a Farmer did not put him to a Trade, but kept him at Home, and bred him to his own way of Country-work; after the Death of his Parents, who left him young, he serv'd Farmers in the Country, and behav'd well to the liking of his Masters, having had a good Character of Honesty and Industry in his way of Life; and for a considerable Time before he was taken up, he serv'd a substantial, creditable Farmer, within a Mile, and in the Parish of Ledbury , and had Intention to marry, and to take a convenient Farm, if the Humour, which of late possess'd a great many Coun try People in several Parts, especially in some of the Western Countries of the Kingdom, had not prevented him. The Day this unfortunate Adventure, upon which he was taken up, happen'd, was the 28th of September last, the Day before Michaelmas-Day, about which Time, or a little before, there was a general whispering and surmize through the Country, that they would attempt the cutting down and destroying the Turnpikes about Ledbury and other Places, and for this Purpose, there were idle Fellows, who rode and stroll'd through the Country, and spirited and buoy'd up the Farmers and their Servants, to gather in Mobs, and violently to pull down and destroy the Turnpikes, which they pretended to be a great Nuisance and Imposition upon the Country; and having sufficiently fermented great Numbers of the meaner sort of People, they made an Appointment to meet upon the 28th Day of September last, and by force of Arms to destroy the Turnpikes about Ledbury in Herefordshire ; and accordingly upon the same Day in the Afternoon, a considerable Number of Farmers, and their Servants, and others of the meaner sort of People, came to the Town of Ledbury , every one with his A in his Hand, to cut down the Turnpikes in a tumultuous and riotous Manner. The Justices of his Majesty's Peace, and other Gentlemen, being appriz'd of their Intentions, had gather'd together a Number of Constables and others to oppose the Mobbers in their Attempts; and Thomas Reynolds , the unfortunate Criminal, had with a great many others engag'd to come to the general Rendezvous, upon the Day appointed at Ledbury , though at first he denied that he had any Hand in cutting down the Turnpikes, having been taken up about two or three Hours, before the rest went out upon their mischievous Intent. The Account he gave of the Affair, so far as he was concern'd, was to this Effect. Upon the 28th of September last, the Day appointed for their meeting, he went to Ledbury to buy a Pair of Stockings, Shoes and a hat, and as he was at the End of the Town, before he had Time to join his Associates, were come to the Town, a great Company of Men armed with Guns, Pistols, Swords, &c. seeing him coming up to encourage the Tumult, knock'd him down, and wounded him dangerously in the Head, so that he thought himself killed; he made no Opposition, only held up his Arm to guard his Head from Blows; thus having made him Prisoner, they immediately carried him before Justice Skip, in whose House he and Baylis was kept 'till all the Disturbance was over. I am inform'd, by one who lives at Ledbury, that both of them were apprehended at one Time, the Gentlemen order'd the Turnpike to be kept open, and Baylis being in Liquor, run forwards with his Ax, that he might be first in cutting down the Turn pike, so he fell among the Middle of them who stood as Guard, and Reynolds coming to the same Place, with the same Intent, they were then both of them taken up, much about the same Place and Time. It was about Six o'Clock at Night, when Reynolds was taken up, and carried before Justice Skip, who secur'd him in his House for some Time. About Nine, or between Nine and Ten at Night, the Mob, consisting of a considerable Number of Country-People, went from Ledbury and cut down the Turnpike in a great Fury and Rage, and from thence they came back to Justice Skip's, in order to rescue the two Prisoners, Baylis and Reynolds, threatening no less than to burn the Gentleman's House: But to shew the Wisdom of the Conspirators in carrying on their Plot, they writ a Letter to the Justice, to let him know the Day they were to go about their unlawful Act, which put himself very prudently on his Guard, and to prevent a Surprize, he order'd all the Men of Ledbury Town, his own Servants and others, to be arm'd with Guns, Pistols and Swords, in order to defend the Turnpike from being destroy'd, and to keep the Mob from doing further Mischief: They advanc'd with such Fury and Boldness upon the Justice's House, that the armed Men were obliged to shoot, which kill'd one Man on the Spot, and four others died of their Wounds: The Mob also shot and wounded some of the Justice's Men; but after a furious Scuffle, wherein several were wounded on both Sides, the Mob despairing of any Success in their imprudent Attempt, at last dispers'd late at Night, leaving some of their Number dead on the Spot, and some wounded, besides Baylis and Reynolds kept in the Justice's House, and nine others who were taken Prisoners, two of whom were convicted at Worcester Assizes and executed, upon the Testimony of an old Man, and an old Woman, who turn'd King's Evidence: The rest of them were acquitted or discharged out of Hereford and Worcester Goals, for want of a sufficient Proof. Reynolds told of one Francis Rolland , a Millar at Dimmock , who rode through the County of Hereford , and made it his Business every where, to exhort and persuade People to demolish the Turnpikes; he to save himself convicted one of the Men at Worcester, as a Woman did the other. He complain'd upon some, and likewise made some trifling Excuses, which they used for a Pretence in convening in unlawful Assemblies: I told him that was no Excuse, for Grievances ought to be redress'd in a legal way, and a tumultuous Mob would never reform Abuses, but might much more probably become the Instrument of doing much more Mischief. There was nothing engag'd him to undertake such a rash Thing as cut ting down the Turnpikes, but the general Complaints and Surmises which run among the Country-People, no Person of any Note, but some Farmers or their Servants, concerning themselves in that Affair. They had no Consultations about it, neither did they know the Number of those who were concern'd with them, nor how many were disguis'd, they having been taken up in the beginning of the Fray. Some Men disguis'd themselves in Women's Attire, as Women had on Men's Habit, and they generally had their Faces black'd. Reynolds denied that his Face was further disfigur'd, than it had been by Accident, by Dust contracted, and that the Coat he had on was nothing but his coarse working Frock. They were kept one Night in Justice Skip's House, and next day carried to Hereford Goal , where they were detain'd above six Months; from thence they were carried to Worcester Goal , there having been some Design of trying them there, where they continued three Months; and last of all they were by Habeas Corpus brought up to Newgate , London . They could give no Account of the Manner of attacking the Justice's House, where they were both kept close Prisoners at the Time. They did not deal in Coals, but liv'd by doing Country work; and all they had to do with Turnpikes in a Year, amounted only to a Trifle. Thomas Reynolds was a sober Man, did not use to drink to excess, neither did he swear, nor was he addicted to those base Vices to which such unhappy Creatures are commonly given. Though the Day he fell into that Misfortune, which prov'd his utter Ruin, and brought him to his fatal and disgraceful End, he and all his Companions had been drinking pretty freely on purpose for going about such an indiscreet Enterprize. He used to go to Church, and had sometimes taken the Sacrament. He lamented that he had no Friends to own him, all his Relations, and any Body that knew him, being a hundred Miles off; yet he willingly submitted and resigned himself to God. Ignorance of the Law, and want of Consideration, was the Occasion of his falling into this mischievous Adventure. He to the last behaved well, and to Appearance was a sincere Christian. He declar'd his Faith, of being sav'd by the Mercy of God, through the Merits of Jesus Christ; that he truly repented of all his Sins, and died in perfect Peace with all Mankind. The unhappy Person to whom these Pages relate, having had a very indifferent Education, was not so sensible, or at least so early sensible as could have been wished of the Nature of his Crime; but by Degrees, when Matters were explained to him, he was ready enough in acknowledging that it was very great, and that his Punishment was equitable and just. He complained grievously of some cunning factious People in the Country, who take a Pleasure in misleading their poor illiterate Neighbours into a bad Opinion of the Government and Laws they live under. He said the Methods generally made use of on such Occasions, was to cry out in general Terms on the deadness of Trade, the greatness of Taxes, and the Burthens lying on the Poor, tho' he acknowledged there were no People less ready to compassionate and relieve the Distresses of Others than these very People. Tho' he had been so busy an Opposer of Turnpikes, he could hardly tell on what Account he was so, other than that they took Peoples Money, and a great many Gentlemen were concerned in them, and as angry as he and his Companions were with the Laws relating to these Turnpikes, yet he own that few or none of them knew what was contained in them. He said it would he a good Thing, and add much to the establishing the Peace of the Country he came from, if some way could be found to inform the People better of these Laws, and of the Laws against riotous Assembles, since poor labouring Men of dull Understandings were easily imposed on, and drawn aside by such as pretended to wish them well, and to compassionate their Grievances. He observed that Opposition had encreased their Rage, and seemed to think that if the People had been thoroughly acquainted with the Reasons for which the Turnpike Acts were made, and the insufficiency of the common Methods, for repairing Roads, they would have been well satisfied with them; but he said, he and his Associates were ignorant Men, and had few to talk to them that were either better disposed or better Instructed than themselves, so that the Cue being once given them, that these Turnpikes were grievances, they never troubled themselves afterwards wish any other Consideration, than how to take them down. He insisted, that many People who should know things, had assured him in the Country, that these severe Laws against Riots, had been made but of late Years, particularly the Statute on which he was Condemned, whence they Inferred, that these were hard Times, and that poor People were harshly dealt with. Nor was he a little surprized, when he was told, that the Laws against riotous Assemblies were no less severe two hundred Years ago, and that as to the Act against Persons going disguised, it could not be made till such an Offence happen'd. That going in disguise to do any unlawful Act or to commit any Violence, was in its Nature as great an Offence as killing Deer, which was the Intention of those who were styled Waltham Blacks, on Account of whom this Act was made. That violences committed by People in disguise, were as much Breaches of the Peace, and as likely to terrify his Majesty's good Subjects in one Country, as in another, and consequently no Persons had just Occasion given them to complain of the Severity of this Law, if they would wilfully commit the Crimes forbid by it, and thereby render themselves liable to the Punishment which it Inflicts. He was likewise told that his, and his Companions Proceedings were not contrary to one, but to many Acts of Parliament, since the cutting down of Turnpikes as it is an Affront done to the Legislative, and an Attempt made by private Persons to redress a publick Grievance, may very well be construed levying of Arms; the difference between a Riot and an Insurrection, consisting in this, that the former is on a private, and the latter on a publick Account. To all this he still pleaded Ignorance, and that silly Country People were no Judges of Law. He was told that it was their Faults, therefore who meddled with Things they did not understand; that they could not presume the Parliament would make Laws on no Reasons at all, and that allowing themselves to be Ignorant of the Reasons on which such Laws were made, and that they were no competent Judges in case they had known them; it was Madness in them to oppose by force the Execution of such Laws, and thereby expose themselves to sorrow and shame, and their Families to ruin. It was farther shewn him that want of Understanding could no way alleviate or excuse a Crime of this Nature, since it was evident that every Man who had Sense enough to be angry with the Law, had Sense enough to know that it was his Duty not to attempt abrogating them by Force; besides he was put in mind of the unreasonableness of their proceedings about the Turnpikes, from the Knowledge that all of them had of the terrible badness of the Roads before those Turnpikes were erected, and the many Accidents which happen'd to Passengers and Carriages of all kinds, and at the same Time was told, that the Rates at those Turnpikes were at reasonable as the Nature of the thing would allow, and as any in the Kingdom; on the whole he grew at last easy and resigned, laid aside all those Sentiments of Revenge, which are but too natural in such as are brought to Justice by the Industry of Others. He own'd that it was highly reasonable for the Gentlemen Insulted in the late Riots, and whose Houses, Estates, and Lives were threatned, to take all the Precautions possible for the rendring those Threatnings vain; he expressed a tender Concern, not only for his Relations, but his Neighbours, especially such as had any Concern in the late Tumults; he said he hoped his Death would prove a warning to them, and that the Government on their shewing a Disposition to be quiet, would free them from their Fears, by a general Pardon. As his Death drew near, he grew more composed, and as his Conscience did not affright him with those gloomy Prospects which generally present themselves to People in his Condition; he prepared to meet his Fate, if not with Constancy, yet with Meekness, shewing to the last all the Signs that could possibly be expected, both of a General, and particular Repentance. As to the Accident which happened at his Execution, 'twas indeed very Singular, but not so unaccountable as some People would make it, since such as have but a very superficial Notion of Anotomy, may easily conceive how a Person very soon cut down may shew even strong Signs of Life, and yet be in no Condition to Recover. If this poor Man had fallen into the Hands of Surgeons instead of the Mob, it is very possible that he might have been saved, but amongst such rude Attendants as were about him, there is no wonder to be made that he expired, since the pooring Liquor down his Throat was certainly one of the foolishest Things they could do, next to their omitting Bleeding and Rubbing. In the Year 1650 one Ann Green , was executed at Oxford , and after hanging the usual Time, her Body was taken away, and being thought to have some Signs of Life in it, such Methods were used as brought her to herself; she lived many Years after, and gave a long distinct Account of what she suffered from the Moment she was turned off; this made such a Noise at the Time, that near forty of the Prime Wits of the University wrote Copies of Latin and English Verses on the Occasion; a circumstantial Account of the whole Affair was printed the next Year in a Quarto Pamphlet of three Sheets and a half, bearing the Title of News from the Dead, in the Revival of Ann Green . A latter Instance of this sort happened in Scotland, where a Woman was hanged for the Murder of her Bastard Child (which however she constantly denied, both before and after her Execution) was by the Care of her Friends brought to herself some Hours after she had been hang'd, and lived many Years in the Village of Musselburgh, where many People visited her, and gave her Money to hear her Story from her own Mouth. Such Instances are very rare, and the Causes very difficult to be assigned, and therefore fitter to be left to the Judgement of the Reader, than to be farther insisted on in this Paper. At the Place of EXECUTION. HE appear'd very devout and serious, and had no more to add to his Confessions, but that he forgave every body and died in the Faith of Christ. He was very attentive to Prayers and singing of Psalms, and went off the Stage, crying to God to have Mercy upon him, and Lord Jesus receive my Spirit. After he was cut down, the Wife of James Baylis , who had bought him a Coffin and Shroud with the Money he gave her the the Day before his Execution, put him into the Coffin, and they digged a Grave nigh to the Place of his Execution, to which the Mob carried him, and as they were putting him into the Grave, a Woman desired a Sight of his Body; the Coffin being opened, he mov'd and Breath'd strongly, and lifted his Hand to his Breast. The Mob favouring him, least the Officers should take and Execute him again, they carried the Coffin along the Oxford Road , and halting to see how he did, they found him still alive, breathing strongly, his Breast and Belly heaving up, and he often put his Hand to his Breast, but never open'd nor mov'd his Eyes. A Surgeon drew Blood of him, and he bled freely and plentifully, and vomitted a good deal. They carried him by Paddington , and desired them to take him into their Houses, but nobody would receive him for fear of Trouble. They put Sack and Brandy to his Mouth, and us'd other Means to recover him, and a Man wrap'd him in his Coat to keep him Warm; but they having thrown Water into the Coffin, and he put out of all House and Harbour, after they had carried him out two Miles from Tyburn , they returned towards the Town, but by reason of Cold and other mismanagements, he at last expired, and they dig'd another Grave by the Oxford-Road , and buried him. The Wife of Baylis who attended and look'd after him all the while, gave this Account of him. AT the King's Commission of Oyer and Terminer, and Jail-delivery of Newgate, held (before the Right Hon. Sir John Williams , Knt . Lord-Mayor of the City of London ; the Hon. Mr. Baron Comyns; the Hon. Mr. Justice Lee; the Worshipful Mr. Serjeant Urlin, Deputy Recorder of the City of London; and others of his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Jail-delivery of Newgate, for the said City and County of Middlesex) at Justice-Hall in the Old-Bailey , on Wednesday and Thursday the 21st and 22d of July, 1736, and in the Tenth Year of his Majesty's Reign. Seven Men, viz. John Kelsey , Thomas Mills , John Maxworth , alias Parliment Jack, Thomas Rickets , Stephen Philips , Thomas Morrice , and John Pritchard , were found Guilty of capital Crimes, by the Jury, and Sentenc'd to die. While under Sentence, they having been for the most part illiterate young Men, accustomed to Sin and Wickedness, and unacquainted with Piety and Virtue. I instructed them in the fundamental Principles of Christianity, the Ignorance of which, and want of due Consideration had led them into those wretched Misfortunes, unto which they brought themselves to. The Crime for which they all suffered, having been Robbery and Theft; I represented to them, that these Acts of Injustice, make Men odious to God, unfit for humane Society, and betray the Actors to the greatest Mischiefs, even in this World, Death itself being by Law appointed the Reward of it; and there are few that follow this Trade long, but at last with the same Fate. Upon Friday the 6th of August, Report was made to her Majesty in Council, of the seven Malefactors under Sentence of Death in the Cells of Newgate; when Thomas Morrice , John Pritchard , and Thomas Rickets , received her Majesty's most Gracious Reprieve: The other four viz. Thomas Mills , John Maxworth , alias Paddy , alias Parliament Jack, John Kelsey , and Stephen Philips , were ordered for Execution. Thomas Mills , was Indicted for stealing a Black Mare, value 8 l. the Property of Win. Thatcher , October 28, 1735. 1. Thomas Mills , 50 Years of Age, of mean Parents, in Berkshire , who gave him little Education, when of Age, he was not put to a Trade, but his Father kept him at his own Business of a Husbandman , and he liv'd for some Time in Berkshire , where he was Born, serving Farmers: Afterwards thinking to mend his State, he came to Middlesex , and did Country-Work for many Years; he married a Wife, by whom the had several Children, and lived at Hanwell , and there his Wife and three Children are now living; for some Years past, he was a Higglery , and sold Eggs and Chickens, and other small Things in the Country, and in that way he got an Honest Livelihood for his Family, and kept an indifferent good House, for one of his Station, and the Neighbourhood entertain'd no ill Opinion of him: though his Honesty had been suspected in some Families where he serv'd before. As to the stealing the Horses, for which he was Indicted, Convicted and died, the Account he gave was to this Effect. He said, he never dealt in Horses till of late, on Thomas Giles , a Berkshire Man at different Times sold him fourteen Horses, for nine of which he was indicted, and these Horses he sold to different Persons about the Town and Country; but they having been all, or mostly carried out of Berkshire , the Owners advertised and found them out; and Thomas Hains swore that he bought the Horse of Thomas Mills as Francis Wright did of Hains. Mills, who had nothing to say in his Defence, but that he bought it of Thomas Giles , who, altho' he was taken up, yet, for want of Proof, was discharged; and Hains he call'd his Confederate. He was very ignorant of Religion, but was attentive to Prayers and Instructions, and behaved with a deal of Humility and apparent Seriousness, weeping and lamenting for his Wife and poor Children; alledging, that he was a good Husband and indulgent Father. On Monday the second of August, a thick Piece of Iron a Foot and an Half long was found under his Bed, with two thin crooked Irons like the Ribs of a Grate; these one of the Persons belonging to Newgate found out while they were at Prayers. He said he found them in the Cell, which was entirely false, and with them he was endeavouring to make an Entry into the Passage, which would have been of no avail, that being the strongest Place, and built up of Free Stone within. While he was a Servant to Mr. Payne, a Farmer at Brentford , Corn and Wheat were stolen, and above a Bushel of Wheat was found in a Sack concealed in the Field: He was suspected by his Master and the Family, but denied that he knew any thing of the Matter; and said, four Threshers belonging to the Barns, who might be all equally suspected. Upon this he was put out of his Service, and there was no more Words of it. He was not willing to confess much where Proof was wanting. He said, that in the Course of his Life he was for the most part honest and industrious. He declared his Faith in Christ, through whose Merits only he hoped for Salvation: that he repented truly of all his Sins, and died in Peace with all Men. John Maxworth , alias Puddy , alias Parliament Jack, was inted for breaking and entering the House of Nathanael Blackerby , Esq ; on the 19th of June last, about Three in the Morning, and stealing two Silver-handled Knives and Forks, one large Silver Spoon, two Tea Spoons, two Silk Handkerchiefs, and a Cambrick Stock. He was a second time indicted for stealing a Silver Snuff-Box, value 30 s. a Tortoise-shell Snuff-Box with Silver Rims, value 42 s. and nine Pair of Silver Buckles, value 3 l. the Goods of William Deards . Upon the first Indictment, he was tried and found guilty. Death. 2. John Maxworth , alias Puddy , alias Parliament Jack, Twenty-four Years of Age, of honest Parents, who did not give him much Education, being only in mean Circumstances; and what little he got he misimproved to the worst of Purposes, having little or no Knowledge of Religion, to which his Inclinations were averse, and bent another Way. His Father was a Wool-comber, and kept his Family pretty well; but he dying, left his Son John young, about 11 or 12 Years of Age; who with the other Children, not having much to expect of the Mother, left her to shift for themselves. John cross'd the Water and came to Westminster , where he hath resided ever since; never enquiring after one of his Father's Family since his Death, 12 or 13 Years ago, tho' there are two of his Sisters married in Town, of whom he know nothing of. He generally apply'd in Westminster-Hall , and served several Shop-keepers in the said Hall, going on Errands, and carrying Things for them; and was sometimes entrusted with Money, which he very honestly gave an Account of; tho' at last he betook to pilfering and stealing, which he did not give over 'till it brought him to his fatal End He married a Wife, and she being altogether naughty, they parted; but John had two or three others, who, without any Ceremony, attended him, and were his Advisers and Assisters in his villainous Doings, particularly a young Woman, whom he called Elizabeth Coltman , never failed to advise and assist him in his most unaccountable Undertakings. Of late, tho' formerly he had kept his Credit with his Customers who employ'd him to do any little thing for them indifferently well, he turn'd dishonest, and pick'd and stole whatever he could lay his Hands upon. Justice Blackerby's House being robb'd of some Plate, and other Things, they suspected Maxworth, whom the Servants used to bring in to do some little Things for them; and they knowing him to be acquainted with the Situation and different Entries of the House, caused him to be taken up upon Suspicion. He was carried before Justice Farewell, before whom he confess'd, that on the 19th of June he got on a Shed in Cotton's-Ground , and from thence into the Yard of Mr. Blackerby's House, and going into the Kitchen, which he opened by turning the brass Knob of the Lock, and from thence he took away a large Silver Spoon, with the Gentleman's Crest upon it; and in the Parlour he took a Cane with a Pinchbeck's Head. He unlock'd the Study Door, between the Parlour and the Kitchen, and from thence he took two Tea Spoons; that the Knives and Forks were taken out of the Kitchen; and from the Laundry he took two Silk Handkerchiefs and a Stock: All these Things he deliver'd to Elizabeth Coltman , who advised him to commit the Robbery, and sold all off, as she did upon all other Occasions, whensoever he had stolen Goods to be dispos'd on. All these Confessions he voluntarily and more fully than what is here related, after they had been read over to him, signed before the Justice. The Cane they sold to a Broker in Rag-Fair for a Shilling. He acknowledged, that for some Years past he was a notorious Thief and Robber, having broken several Houses, frequently been guilty of Shop-lifting, picking Pockets, and carrying of every thing that lay in his Way. On Sunday the first of August, Mr. Alston going in the Evening to visit the Prisoners in the Cells, heard a Noise in Maxworth's Cell, which was in the uppermost Row, and going in, he found Maxworth (having no Instruments they could discover but two Tenpenny Nails in his Shirt) about Eight at Night, standing upon a Table or Stool, working hard in digging a Hole in the Root of the Cells; he had made some Impression, and begun to make a little Hole, but was prevented; and for his so doing an additional Iron was put on, which kept his Legs asunder, o that he could not rise or move. Next Mornsng, as they were coming to Prayers, he was carried down upon a Man's Back, and the Iron between is Legs taken off; and he was admonished not to do so any more, if he did, he should be used after another manner. He own'd that he was profoundly wicked in Whoring, Drinking, Cursing, Swearing and Blaspheming, Stealing and Robbing, and in keeping the basest of Company, both of Men and Women, and that he was utterly ruin'd and undone by following the Advice and Company of lewd Women, the chief of whom was Elizabeth Coltman . He cried and wept plentifully when put in remembrance of his Sins and wicked Living, and declared his great Grief for his scandalous and infamous Life, and that his Sufferings were most deserving. He was very ignorant; I endeavoured to instruct him according to his Capacity, and as the Brevity of Time would allow. He declared his Faith in Christ; and that he sincerely repented of all his Sins, dying in Peace with all Mankind. Stephen Philips , of Fulham , was indicted for stealing a Mare of an iron-grey Colour, value 6 l. the Goods of Thomas Millet , July 6. 3. Stephen Phillips was born at a Place call'd Farnham , in the County of Surrey , aged eighteen Years, of honest Parents; he said his Grandfather kept the Bull-Inn in Farnham upwards of 30 Years. When he arrived to eight Years of Age, he went to live with one Mrs. Picket, whose Son was a Fisherman at Farnham, and frequently brought Fish to Town, particularly to one Mr. Lane, the King's Fishmonger by Hungerford-Market, 'till within this Twelve-month last past. His Robberies he related in the following Terms: My Mistresses Son and I being drinking at the Three-Horse-shoes at Weybourn , within a Mile of Farnham , he proposed to take a Horse out of a Field belonging to one Mr. Batchelor, which accordingly we did. After we took this Horse we went for Exeter , and there we swapt the Horse for about 3 or 4 l. From thence we went to Wellington in Somersetshire , where we overtook a young Woman coming from Market (being the very first Fact that I ever committed with my young Master) and took from her about 12 s. and 6 d. she begg'd of us that we would not use her ill; we told her we wou'd not: She went one Way and we went another, which was to the City of Worcester , and there my young Master Picket left me; after he had left me, I went to a Place called Ross , in Herefordshire , where I hired my self a Servant to one Mr. Cottrel, a Dealer in Pigs: I continued with him four or five Months, from thence I came up with Goods for the Use of my Master to Eaton-Fair , by Windsor ; my Master selling his Goods to one Mr. Atkins, at Guildford in Surey , I went home with them, and there by Accident I met with my young Master Picket, who asked me if I would turn but with him again, which I too readily, to my Misfortune, consented to. From Guildford we went to a Place called Chichester in Sussex , where we staid about seven Days, and then came back to a Place call'd Singleton , where we took a grey Mare belonging to a Gentleman there, out of his Stable in the Yard. After this, we went to Midhurst in the same County, there we took a black Mare out of a Farmer's Stable; being both well mounted, we agreed to go to Odiham-Fair in Hampshire , and staid there one Night; and finding there was no Opportunity of doing any thing, we made the best of our Way to Hounslow-Heath , to attack either Man or Coach, the first we met with, which happened to be a Chariot and Four, with two Ladies in it, and took from them about 17 s. and 6 d. in Money, and a Book. After we had committed this Robbery, we went to a Place called Alsford , in Hampshire where we robbed the Southampton Stage-Coach, with four Passengers in it, from whom we took about four Guineas and a Half, and a Silver Watch. After this we returned to Farnham , where I, my Master Thomas Picket , and one Thomas Hack , met Farmer Green, who lives at Bently in Hampshire, whom he robb'd, and took from him 2 or 3 l. After this Robbery, Hack, Thomas Picket , and myself, went to one Thomas Hunts , of Frimley , where Hack and Thomas Picket agreed to go to Alton in Hampshire , (the leaving the behind at Hunt's House) where they robb'd one Farmer Butt, and took from him one Guinea and a Half, two Keys, a Seal, an Ivory-handle Knife and Fork; after they had committed this Robbery, they returned back to me again, where Hack parted with us. After this Picket and I went to Hounslow-Heath , and there we robb'd a Gentleman in a Chaise, of two Guineas and some Silver. A Day or two after this, we robb'd a Gentleman and his Lady in the same Place of two Guineas, and 8 s. and 6 d. after this Robbery we went to Bow , where, between Bow and Stratford we stopp'd a Gentleman on Horseback, by taking hold of his Horse's Bridle, and him stand; upon which the Gentleman fell whipping of Thomas Picket , several Blows being given of each Side; at last Picket jump'd his Horse and pull'd the Gentleman off, and he fell on him; the Gentleman said, I can do no more, I am at your Mercy, and I hope you will not use me ill; they said they took from the Gentleman between 4 and 5 l. and a Silver, Watch, and then rode of. After this Robbery we went to Lidd near Romney in Kent , and coming from thence to Chatham , we met with the Gravesend Coach, and took out of a Hamper behind the Coach 25 Guineas, a Moidore, and a 36 s. Piece. A little while after we went to Hindhead , where we met with our Companion Hack, and asked him if he would again turn out with us; he very readily comply'd, and we had not gone far from Hindhead before we met a Gentleman on Horseback, and his Servant, from whom we took, that is, from his Servant, a Portmantua, and carried it into the Fields, a little Way of the Road, where we search'd it and found therein 150 Guineas in Gold, and some wearing Apparel, which we divided amongst us. After this Robbery I and Picket returned to London , our Horses being tir'd, we left one at the Star-Inn , by Hungerford-Market , the other we left at one John Wheatly's. Having no Horses we took each of us one out of the Grounds between Kensington and Hammersmith , and rode to Hounslow-Heath , where we stopt a Chariot and Four with two Ladies in it, when we came to the Chariot side, we bid the Ladies be under no Apprehension of Danger, nor be any ways affrighted, for we wou'd do them no Harm: It was only their Money and Watches we wanted; upon which one of the Ladies having more Courage than the rest, said, Gentlemen, you get your Money very hard, and here is what I have for you, which is a Guinea and a half, and I wish I had a Guinea or two more for you, it should be at your Service; we pull'd off our Hats and wish'd the Ladies well to Town. After we had committed this Robbery, we went to Farnham , and there we had our Horses shod, having left one of our Horses at a Place call'd Ricklesome , I was obliged to get up behind Picket, till we came to Fruntsam , where I took a Bay-Horse out of Esq; Bishop's Yard, and came directly to Kingston upon Thames , and put up at the Bear-Inn there, where we staid one Night. In the Morning Picket got up and came for London , and Pawn'd a Watch for 25 s. and returned to me the same Day, and gave me part of the Money. From Kingston , we made the best of our way for Hounslow-Heath , where we met a young Woman on Foot, we ask'd her where she was going, she said, she was going to see her Mother who had the Misfortune to break her Leg; we said, we are going the same Way and we should be glad of her Company; she very civilly reply'd, I am very glad of it, for I should have been afraid to go over the Heath by myself, for I am told, it is a mighty Place for Robbing; replyed we, so they say it is; we had not gone far, before we came to a convenient Place for our Purpose; accordingly Picket said to her, I don't doubt but you are just come from Service, and receiv'd your Wages, therefore you must give me your Money immediately; the young Woman was in a great Surprize, and when she recovered herself, said, I hope you are not in Earnest. Picket swore, if she did not immediately deliver what she had, he would shoot her through the Head; accordingly she gave him 2 s. 6 d. a Silver Snuff-Box, and two Silver Tea-Spoons; after he had got what he could, he swore he must now lay with her, upon which the poor young Woman fell on her Knees, cry'd and entreated him to forbear his barbarous Intention; but he was deaf to all her Intreaties, and had his Beastly Will of the poor young Woman; this Phillips said, gave him more uneasiness than all his Robberies, for letting the young Woman be us'd after so barbarous a Manner. Having some Words with Picket about the young Woman, we parted, and I went to a Place call'd Lidd , in Kent , and went to a Publick-House, kept by one Thomas Cox 's; being at Nine-Pinns with some Company that was there a Drinking, in comes my Comrade Picket (and was in a Passion with me, what Reason he had I know not) and ask'd me if I would not go out with him; I told him, if the Horses was ready I would go; on that he immediately goes up Stairs and charges his 2 Pistols; then we mounted our Horses and had rode together about five Miles, and as we rode along, he frequently look'd into the Ditches, and putting his Hand in his Pocket, took out one of his Pistols, and pull'd a Pin off of his Sleeve to clear the Touch-Hole of his Pistol, with that, his Pistol accidently went off. I hearing of that, I wondered what was the Matter; he put his Hand in the other Pocket and pull'd out another, and turn'd his Horse about and came to the Head of my Horse, and said, You Dog don't you deserve these Balls through your Head; immediately he got off of his Horse, and laid himself along a Bank; I went to him, and asked him what I had done, that he us'd me after this Manner; and he told me, that he came out with an intent to Murder me, and look'd in the Ditch for a convenient Place to throw me into; I desired him not to shoot me on Horseback, but give me leave to get off of my Horse, which he let me do; he again laid himself down on the Bank, and put his Pistol in his Pocket, he had not laid long, before he got on Horseback, and rides away with my Horse; in about half an Hour he returns back, and gave me my Horse, and desired me not to put him in a Passion any more; If I did, he wou'd shoot me thro' the Head; being reconciled, we both return'd to Cox's House at Lidd , where we turn'd our Horses to Grass, and staid sometime in the Town. From Lidd , we went into Sussex , and near a Place called Bourn , we took a Couple of Horses, and made the best of our Way for London , and came to the White-Horse in Blackman-Street , Southwark , and there put up our Horses; I had not been there long, before I had occasion to borrow half a Guinea of my Landlord, and cross'd the Water to the Star-Inn by Hungerford , to see for Picket, but Mr. Dutton inform'd me that he was not there; presently after I was gone, he came, and enquir'd of Mr. Dutton, for me, and he told him I was just gone; upon which he was in a Passion, and swore if I had been there, he came with an Intent to shoot me through the Head. The next Morning he took both the Horses, and went away from me, and I did not meet with him for some Days; but as I was going between Hammersmith and Brentford , I met him with a Mare, which he had stole from Hammersmith , when he desir'd me to take the Mare and carry her to London , and put her up at the Barley-Mow , going to Deptford ; and at the said House, I broke open a Box that was in the Room, where I laid, and took out of it two Pounds in Money, and a Silver Watch. After I had committed this Robbery, I took the Mare and carried her to the Pewter-Platter , in St. John's-Street , and from thence I went to one W - m B - ts, having been often at his House, and spent the Money which I took out of the Box; having spent the Money, I desired his Wife to pawn the Watch which I took, which she did for a Guinea and a Half; after that, her Husband ask'd me if I would go along with him to Kentish-Town Horse Races, which I did, and return'd to his House again. The next Day I went again to his House, and was taken and committed to New-Prison , for breaking open the Box at the Barley-Mow , and taken out the above-mention'd Money and Watch. He said that the above Person encouraged him to go a Robbing, and always received whatever Things I brought, though he knew them to be stolen. The Sunday before he died, his Wife and Mother-in-law came to see him, they wept very much, to see what he had brought himself too, and said, if he had taken their Advice, he had never been under this unhappy Misfortune. The next Day being Monday, he own'd that he and Picket, had committed the Robberies which is above related. He hop'd God of his infinite Goodness, would have Mercy on his poor Soul, and that he died in Charity with all the World; he beg'd Pardon of all whom he had any ways injur'd, and wish'd it was in his Power to make Restitution to those whom he had Robb'd. 4. John Kelsey was indicted for assaulting William Winston on the King's Highway, putting him in fear, and taking from him one Guinea, June 30. THIS is to certify the World, That I John Kelsey , 24 Years of Age, now under Sentence of Death in the Cells of Newgate , do by this said Writing from under my own Hand, declare the following Part to be actually true; and then intent of my so doing, as I am to die, is to inform the World after what manner I was unhappily driven to this most shameful and ignominious Death, which I am in a short time to suffer, and give an Account for to a just God. I was born in the Town of Greenwich , of very reputable Parents; my Father lived in a genteel Manner. I was tenderly brought up in the Fear of God, and in the Christian Religion. I was put to the best of Schools that could be found, and when I was capable of reading tolerably, I was put to a Latin Boarding-School, where I continued three Years, 'till the Death of my Father: Then I was taken home, and continued at other Schools 'till I arrived to a tollerable Competency of Learning, in Writing, Arithmetick, and Latin, so far as to undertake any Business within a common Sphere of Life. At the Age of about 17, I was put Apprentice to a Surgeon , whom I served to the best of my Knowledge, and endeavouring as much as in me lay, to give Satisfaction, both as to my Business, and likewise in the Family; but by Reason of some Misunderstanding between me and my Master, in the pristine part of my Apprenticeship, I and my Master could not agree; likewise his putting me in Bridewell twice (for Irregularities which I had committed) which entirely deprived me of that most excellent Part of Life, my Character, which should have been the chief Dependance for one of my Profession; being confined there, I had many bad Notions instill'd into me, which I was utterly a Stranger to before, and which has been in some Measure a helping Part to my present doleful Circumstance. After I had served upwards of four Years, I went away from my Master, and my Friends got me on board one of the King's Ships to serve as Surgeon's Mate , in which Place I behaved myself so well, that I had both the Esteem of the Officers, and the whole Ship's Company; was always subject and mindful of Command from my superior Officers. I discharged my Duty towards the Foremast Men very justly, to the best of my Ability. I was discharged from the said Ship Lancaster, Capt. Coleman, when the other Ships were paid, being on the 10th of January last. I came home, and in Space of a Week, or thereabouts, I went again to my Master; he agreed I should go again when I could get a Ship, which I endeavoured with the help of my former Friends, but could not, there being no Vacancy; and Things not happening according to Expectation, I lead a very uneasy Life, and was threatned with worse Consequences in a short Time, which obliged me to leave my Service the Week before Whitsuntide, since which Time I lived by my Practice; but it not being a sufficient Maintenance for me, I unhappily fell into the Company of those two profligate vicious Fellows (that robb'd the Cirencester Stage Coach with me) who had made me a most oppribious Sacrifice to the Law, to suffer an igniminious Death, as I am doom'd to do; and to leave behind me a most desolate, distracted Family, who often beg'd of me to avoid such Company as might be my overthrow: But I not having the Grace of God before my Eyes, gave way to my own Lusts, before the good Admonitions of my Relations and Friends. The first time of my Acquaintance with one of those Persons (namely, Edward Rigby ) he belonging to the same Ship as myself; the other was one Cooper, whom I never saw 'till I was brought into his Company by the aforesaid Rigby; and from the first beginning to the last, when I was taken, was not above three Weeks; so that my Life is lost, and I cut off in my Bloom, for a momentary Pleasure. The Robberies committed by us being so few, that I think it proper to let the World know them all, because otherways it may be thought I had been an old Offender (altho' a young Man). The first was done upon the Burry Stage Coach, from whom we took the value of 30 s. or thereabouts, from two Gentlewomen. The next was on the Salisbury Stage Coach, from whom we took but Half a Crown from one Passenger, the Road being so full of People passing to and fro, that it would not permit staying The other for which I died, was on the Cirencester Stage Coach, from whom we took two Guineas, and 5 s. 6 d. and Two-penny worth of Halfpence; one of the Guineas I put into my Shoe. This very Coach Phillips and Picket (the former my Fellow-sufferer) waited to rob, and said, he saw me taken after the Robbery was committed; this he confess'd to me, since his being under Sentence. The abovesaid Rigby proposed to me to rob Sir John Shaw at Eltham in Kent , and his Lady, as they were coming from the Assembly at Eltham; but losing one of our Company, we thought it not safe to attempt it, by Reason he told us the Servants were very resolute Persons, so that I drop'd it. After we had been concerned in the first Robbery, I was deeply struck with Confusion for what I had done, knowing it Death by the Law when taken: I therefore took this said Edward Rigby to task, and, as far as my Ability would allow, told him the direful Consequences that one time or other would attend such irregular Proceedings. My Talk was to no Effect; for he told me, if I did not proceed with him, he would impeach me; so that having begun, I was obliged by his Laws to make an End. I beg the World no to censure on what I have here said concerning my Master; or that I die in Malice with any one Person in the World; for I declare to God, I freely forgive every Body, both Friends and Foes; and that on the contrary I do believe, and am thoroughly satisfied, that my Master is a very honest Man, and a good Provider for his Family, and one who takes abundance of Pains to live in the World, and bears the best of Characters in the Neighbourhood: And I do, and am firmly satisfy'd, he has done the best of his Endeavours to relieve me in this my great Trouble: But neither his Interest, nor my own Friends, is able to redeem me from my Sufferings in this World. All I have to say is, that we never could, not did agree, even from the first Year of my Time; I won't mention any Particulars of any sort. I must acknowledge, and do Justice to my Master, it was chiefly owing to my irregular Way of Living I was told by the Clergy who came to visit me in my Trouble, that what I had to reveal to the World of any Consequence, if I did not do it, it would be a very great Sin committed both to God and Man; and on the contrary, to declare what I thought would be of Service; the Laws of God obliged me to do it, because it would be of Service to the World, and likewise an Acknowledgment to God of my Sins, and might give a Turn to other Persons who might probably be reclaimed by reading of this, that otherwise might have gone the same Way Let me therefore persuade all Persons, both young and old, to let this my unhappy Chance of Life be an Example to all those who shall ever read this Paper; and let them beg for the Grace of God, that he may have a watchful Eye over all their Actions; and let them be drove to never so great a Necessty, let them content themselves with Bread and Water in an honest Way, whereby they may enjoy the limitted Light of this World, rather than to follow irregular Courses, whereby their Days are shortened, and they cut off in the midst of their Sins, which must unavoidably d-n their precious Souls in a future State, without the over-abounding Mercies of God, by the Intercession of our blessed Saviour and Redeemer Jesus Christ, who was sent into the World on purpose to have his Body exposed to Ignominy and Shame, and his precious Blood spilt, whereby our Sins may be purged and purified, to be able to stand the Great Day of Judgment, without having either Blot or Blemish. God has given us time to repent, and I hope I have employed it to the best Advantage, having done my Endeavour, so that I die in the Christian Religion, believed to be saved through the Merits and Mediation of our Blessed Saviour Christ Jesus our Lord; freely forgiving all Mankind, as I hope for Forgiveness from God. I truly repent me of all my Sins, and I die in Love, Unity and Charity with all Men. Cells in Newgate , Aug. 10, 1736. JOHN KELSEY . The following LETTER was given to a Friend, the Night before his Execution. DEAR MOTHER. 'TIS my Duty to employ some of my last Moments in beseeching your Pardon, for the ill Use I have made of all the Tenderness and Care as you have shewn towards me, for the Grief and Sorrow which I have brought upon you, through the Errors of an ill spent Life; and now at last by a shameful Death, which is alas! not more Shameful, than it is just. I hope God is the sole Refuge of the Distressed, will enable you to bear this great Trial, as becomes a Christian, and will also asswage the Grief of my Relations. I Beseech you all to believe that I carry to the last Moment of my Life, a just Sense of the Regards you had for me, and that however I may have lived without Duty, and without Thought. I am, Dearest Mother, Your most Dutiful, as well as afflicted Son, JOHN KELSEY . The following Speech was intended to be spoken by JOHN KELSEY , the Surgeon , at the Place of Execution; but being shock'd at the Sight of the fatal Place where he was to make his Exit, he could not. GOOD PEOPLE, ' MY Follies have brought me ' hither, and it is to be wished that my Example may deter others from coming to the same ' Place. Loose Company and bad ' Women have been the Source of my ' Misfortunes, as they have been of ' many others, who have before me ' trod the same shameful Path. The ' Numbers that are here present ' ought to have something else in ' View, than being merely Witnesses ' of our unhappy Ends; they should ' seek their own Good, and that they ' can do no other way, than by giving ' Attention to what we say in the ' last Moments of our Lives, when ' our Passions hinder us not from per ceiving, and when we can have no ' Interest to serve by hiding the ' Truth. ' If it were possible for young ' Men to conceive in any Degree the ' Agonies we feel, if they could ' have any Taste of those exquisite ' Afflictions which we suffer, they ' would unbitter all those Pleasures ' of which they are now so fond, and ' and the Day that finishes our Lives, ' would give date to their Repentance. ' Parents are at great Pains in educating, and at no small Expence in ' putting young People into a Road ' of Business; happy would it be ' for them, if they would consider this, ' and out of a Sense of Gratitude, attend to those Employments, their ' own Choice, and the Care of their ' Friends designed them: Happy ' would it have been for me, if I ' had thought thus in Time, and gained Wisdom from the Sufferings of ' others, instead of running into such ' Evils, as have made me a Spectacle ' myself. ' But these Reflections come too ' late, Death is about to cut short a ' mispent Life, and I have no Hopes ' but what arise from a short Repentance, the Contemplation of God's ' Mercy, and my Saviour's Merits. ' I leave Relations behind me, it ' would sure be needless to intreat ' that none would reflect on them for ' the Effects of my Crimes; such as ' are capable of so base a Thought, ' would be little moved by Intreaties, and the Generality of Mankind will, I hope, believe my Faults ' expiated by my Death. ' I have nothing more to add, than ' that I did not commit the Fact for ' which I die alone; those who were ' the Companions of my Sin, and ' who have been so happy as to avoid ' being Parties of my Shame, will, I ' hope be particularly warned by my ' suffering, and their own Danger: ' I pray for them with my last ' Breath, as I do for all Mankind; ' forgiving, as I hope to be forgiven, ' for the sake of Jesus Christ, to ' whom I recommend my departing ' Soul. ' JOHN KELSEY . At the Place of EXECUTION. THE Morning of their Execution I read Prayers to them, where they appeared very serious and devout; after I had done praying by them, they came down and had their Irons knock'd off in the Press Yard; from thence Kelsey the Surgeon , and Phillips the Highway man was put in one Cart; (but just before Kelsey went out of the Press Yard, he called to a Gentleman to give his kind Love to his Master) Maxworth and Mills in the other, between Eight and Nine of the Clock, and carried to Tyburn ; when they came to the Place of Execution, they all appeared very serious and devout. John Kelsey had no more to add to his Confessions, only he hoped that the World would not impute his Misfortunes to his most dear and best of Mothers, nor to any other Relation. The other three forgave every Body, and hoped God would forgive them. They were all very serious at Prayers and singing of Psalms, and went off the Stage praying to God to have Mercy upon them, and Lord Jesus receive our Spirits. This is all the Account given By Me, JAMES GUTHRIE . Ordinary and Chaplain Newgate . ADVERTISEMENT. This Day is publish'd, In Two Volumes in Octavo, Price fourteen Shillings. SELECT TRIALS at the Sessions-House in the Old-Bailey, for Murders, Robberies, Rapes, Sodomy, Coining, Frauds, and other Offences, from the Year 1720 to the present Time; chiefly transcrib'd from Notes taken in Court, with genuine Accounts of the Lives, Behaviour, Confessions and Dying Speeches of the most eminent Convicts. These Trials, &c. are not to be met with in any other Collection. These two Volumes contain the Trials of Hawkins and Sympson for robbing the Bristol Mail, with an Account of all their Robberies; of Spiggot the famous Highwayman that bore 350 Ib. Weight on his Breast; of Butler, Barton, Fox, Hawes, Wright, Colthouse, Drury, Warwick, Yates, Armstrong, Beck, Edwards, and many others, all famous Highwaymen, and Street-Robbers; of Arthur Grey the famous Footman for Burglary, with an Intent to ravish Mrs. Murray, of Dr. Kraaft, Pritchard, Simmonds, Cook, Ellis, and many others for Rapes, all very entertaining; of Capt. Stanley, for the Murder of his Whore, of Brinsdon, Crony, Nichols, Mac-Gennis, Luttere, the famous Nanny Butler, Vaughan and Cholly (two Constables) Forster Snow , and many others for Murder; also Major Oneby, for the Murder of Mr. Gower, with Life; or Vezey and Hallam, for the Murder of their Wives; of Ricard Savage , Esq ; for Murder, with his Life; Capt. Jane for Murder, Edward Strafford , Esq ; and many others; of Sally Salisbury , for an Attempt to stab the Hon. J- F-, Esq; of Sir Charles Burton , Bart . for Felony; of Duffus, Gabriel Lawrence , and a great many others, for Sodomy shewing all the Tricks and Methods used by the Mollies; of Squire Day alias Davenport for a Cheat, and several others for Bilking their Lodgings; of two German Counts for forging a Bank Note; of Johnathan Wild for several Felonies, with several Particulars of his Life, never before published; of Mrs. Gregory, for marrying Squire Cockeril, nder pretence of being a great Fortune; of the infamous Catherine Hays , who murder'd her Husband, and lay with another Man the same Night; of Mrs. Sherman, for giving Poison to Mr. Chevet; of Vevers the Bricklayer, on all his Indictments; of Mary Hendron , for marrying Miss Morris to an Irishman against her Consent; of blind Cowper and Harpham, and others for Coining; of Russel for a Misdemeanour, for endeavouring to carry away Mrs. Benson; of William Hales , Esq ; and Parson Kinnersley for Forgery; of Atkinson for the Murder of his Mother at Charing-Cross; with a great Number of diverting Tryals of Whore for robbing those that pick'd them up; and several other remarkable ones, for the Highway, Raps, Murder, Burglaries, &c. Both Volumes containing upwards of Five hundred Trials; among which are upwards of seventy Tryals for Murder, near Sixty of Whores for Private stealing, upwards of one Hundred for the Highway, about Thirty for Rapes; the rest being for Frauds Forgery, Burglary, Sodomy Bigamy, Shop-lifting, Riots Misdemeanors, Receiving Stollen Goods, Single Felonies &c. &c. &c. Sold by J. Roberts, in Warwick-Lane, and by the Booksellers and Phamphlet-Shops in Town. N. B. These Trials are not only very necessary all Lawyers, Justices of the Peace, Clerks of the in profetions, &c. but are very useful and entertaining the Generality of Readers; and every Number contains more in Quantity, and is cheaper than any thing ever publish'd this Way. These Trials, which make 26 Numbers, were published once a Fortnight; and such Persons as want any Numbers to compleat their Setts, are desired to for them very speedily, or it will be impossible ever complete them.

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THE CONFESSION AND EXECUTlON Of the PRISONERS at Tyburn On Wednesday the 05July1676. Viz. Alexander After , Tho. Fowler , For Robbing on the Highway. Frances Watson , alias Riggs , For stealing of Plate. Rich. Hazlegrove ,for having two Wives.Their I saw you to be executed: Giving a full and satisfactory Account of their Crimes, Behaviours, Discourses in Prison, and last Words (as neer as could be taken) at the place of Execution. Published for a Warning, to all that read it, to avoid the like wicked Courses, which brought these poor people to this shameful End. The Speeches, Confessions and Execution of the Prisoners at Tyburn , July the 5th 1676. SHame and fear are the two great bridles that refrain Hamane Nature from running into all kind of wickedness and when once it has cast them off, little good is to be expected. This may be one reason why few that came into Newgate for Thieving, though cleared and acquitted at the Sessions, or escaping with a brand Etc. repent and forsake those paths of Death; but as soon as they come abroad, fall to the same evil courses and practices again, and seldom give over till at last Judgment overtakes them, and brings them to an untimely and igominious End: For after they are once discovered to be Rogues, concluding that now they need not value Reputation, and with al flattering themselves upon their easie escape the last time, and promising themselves the like for the future, they, become professedly impudent, and venture on any mischief whatsoever without the least regard to their Credit, their Lives, or (what are still far more precious) their Immortal Souls. We make this Prologue to these unhappy wretches Tragedy, the rather for that they were all old offenders and had enough fair warnnings given them for the Amendment of their lives, but they continually from time to time flighted those Admonitions and hated to be reformed. At the last Sessions of Oyer and Terminer and Goal-delivery of Newgate , there were in all five persons that received Sentence of Death, three men and two women; two of the men for robbing upon the High way, and the other for having two Wives at once, who though he prayed the benefit of his Clergy, was not able to read when he came to the book, and suffered death. One of the women, who both of them were Convicts and lay in Newgate for Transportation before the last Sessions; but were now indicted and convicted again upon their own Confessions of severaI Robberies committed on divers persons, whom they lately sent for to Newgate , making Bargains for so much money to tell thern where they sold or disposed of their Plate or other Goods, and how they should come by it again. The two men that suffered, had long made it their wicked practice to skulk up and down the Roads neer London on foot, and pillage Market-people, or who else they could handsomely meet with, whom sometimes they would strip and take away their very Cloaths; but at last, being vigorously pursued and en upon plain and undeniable Evidence they ere found Guilty; yet seemed little to regard that, but appeared as merry and unconcerned as at any other time, till Sen- -tence of Death came to be passed against them, which (like a Cap of Thunder) did somewhat awaken them from the Lethargy of Sin and Impenitency, wherein they before had desperately lain for many years, without any sense or feeling of the sad condition they had lived in; soon after they were brought back to Newgate , and put in the Dungeon: One of them desired a Minister, whom he named, night be sent for, which was done and the next Morning he came accordingly; they had a long and serious conference together for Three Hours, the particulars whereof we know not, so as to set forth; but by his own repetition afterwards, we understand, that he exprest much trouble of Mind to the Minister; the rather, for that, as he said, he had enjoyed in his Youth the blessing of a zealous and Godly Education, though, since these good impressions were quite defaced by.vast heaps of Sin, whereunto the temptatibns of bad Company had eticed. him. A Friend coming to fee him, and pittying his condition, as being so suddenly to dye. Ah! saies he, Pitty not my Body, I am willing to die; oh that that were all! I have deserved it; But what will become of my Soul! Have you brought me any word of comfort for that. To another, setting forth the wicked eourse of his Life, he acknowledged, that the first original of his falling into these lewd courses, was Sloath and Idleness, neglecting of his Calling, and squandring away his Time vainly, which brought him acquainted with other persons as idle as him- self, or worse; with such Companions he used to haunt Nine-Pin Yards, and learnt to play at several Games, spending most of his time therein; though naturally, and before he was thus debauched, he confess'd that brutish Sin was very abhominable to him: And having thus committed a Rape on the Virgin Modesty of his Soul, and stifled his Conscience, he proceeded desperately to compleat himself in all the degrees of Wickedness, Swearing, Drinking, Gaming, Whoring, and the like, were become both his Recreation and his Business; and God was not in all his thoughts, when his extravagencies had reduced him to Straits and Indigencies. He endeavoured at first to supply them by Cheats and little sharking tricks, and afterwards by pilfering small things wherever he had an opportunity; upon which he was once taken and put into Goal for stealing of a Coat, but he came off (though) Guilty) well enough for want of sufficient evidence, however, having on this occasion contracted an acquaintance with professed thieves from thence forth he became one of their party, and so continued (like a Beast of prey) robbing and spoiling honest people till they happened to be taken as a foresaid; Thus, Christian Reader thou mayst see here the various Links of that Chain which so often draws young men unto destruction, Nemo fit repente turpiffimus; the devil has his degrees of Impiety, seve- ral forms for his scholars to pass through before they come to be compleat graduates in hellish wickedness; I hope all that are wife will learn of the flye in the fable, which to avoid the fire resolved not to come near so much as the smoak; I mean if ye would escape such a sad and dismal end shun all the means leading thereunto; if once you can allow yourselves to live contentedly in the constant practice of any known notorious sin though you call it but a little one, yet you are betrayed to the enemy, Satan then has dominion over you, and God having forsaken you, what hopes are there of stopping your Currier till you are swept away into the pit of perdition. The other Man Condemned prepared for Death, had the advantages of so good an Education, so he seemed not so very much afflicted, but acknowledging the Justice of the sentence he was to suffer, and that he had often deserved it for several Crimes, intreated Pardon of God for his manifold Sins, and Forgiveness from all those that not without a great desire and some flattering hopes of living longer: For when one R.W. (who had formerly been robb'd by these Two Persons of Seven middlings of Bacon, and a Horse upon the Highway) came to him since Condemnation, and desired to know how he had disposed of those things, he replied, That if he would get his pardon he would tell him where his Horse was; but the man denying that to be in his power, and the Ordinary (according to the duty of his Office) pressing it home, That it was vain to expect Remission with- out making Restitution as far as he was able, and that it was his duty to declare, if he knew how, the person injuri'd should regain such Goods as they had justly taken from him, hereupon he took the man aside and had private discourse for some time; which 'tis supposed was to give him some light how he might get his Horse restored again as aforesaid. The woman that suffered was Frances Watson , alias Riggs : Thieving was a Trade she was bred up in from her infancy, her Mother was notorious, several times condemned to die, and at this time under Transportation: one or two of her Brothers were hang'd, and she herself hath many times already had the mercy of the Bench, and gracious Reprieves from his Majesty: she now seemed to have some sense of her condition, protesting great resolutions of amendment, if her life might this once be spared; and she lying in Newgate for Transportation ever since the last Sessions, and sending for several persons, pretendining to tell them where their Goods was which they had stole from them, if they would give them so much money; in order to which she sent for a silver Tankard and two silver Spoons, which she had stole, and said it was a Gentlemans that was then in the Court (he having lost a Tankard and some Spoons) but those being produced in open Court, the Gentleman being asked whether those were his or no? he replied, They were not: Upon which she made herself guilty of the Felony. Their words at the place of Execution were but few, and in general terms, after the same manner as most men in their condition, advising all to take warning by them, to avoid ill Company, to be diligent and labourious in their respective Callings, to obtain an honest Livelihood, and not to waste their time in idleness, nor take indirect courses; for that would (as they might see in their sad Examples) certainly bring them in the end to destruction. The person suffering for his two wives behaved himself very penitently, expressing much sorrow and contrition for his past evil life, and very earnestly desired all married men to love their wives, and to have a special care not to voilate and break their marriage vows, it being a thing of a most mischievous consequence to ruine and undo honest innocent women, by the flattering pretences of marriage, when their end is only to gratify their lost, and defraud them of their estates to furnish themselves with moneys to supply their extravagancies he declared that he freely forgave his wife and her friends that presented him; And so after the usual prayers they suffered according to Sentence.

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THE BEHAVIOUR OF THE Condemned Criminals IN NEWGATE , Who were Executed On Wednesday, theSixth May 1685. VIZ. Samuel Smith , John Davyes , Peter Roach , Edward Gardner , James Latchford , William Cottle , William Morris , David Antholick , Thomas Blank , Gabriel Sheires , William Peddington , James Burden , Robert Elton , Elizabeth Ellis , with Richard Hallsey , the late Keeper of White-Chappel Prison . The rest are Reprieved. Together with their LAST Dying WORDS Before their Execution at TYBURN . IT is very deplorable, That after frequent and publick Examples of Justice upon Malefactors, there should be such a confluence of obdurate Criminals condemned at the Sessions in the Old-Bayly , held on Wednesday,Thursday 29,30 April, as also on Friday May 1. last past, there being then 23 persons sentenced to Death, for Notorious Crimes, some of which would not take warning, though they had received sparing mercy before. Thus that Character which the Prophet Isaiah mentions, is verified in these Offenders, viz. Let Favour be shewed to the wicked, yet will they not learn Righteousness. Also that of Zephaniah, Chap. 3. ver. 5. Every morning the just Lord brings his judgment to light; he fails not therein, in giving frequent warnings against Sin, yet the unjust know no shame: But whosoever being often reproved, hardens his heart, shall fall into mischief, and that suddenly, Prov. 29. I. The Ordinary visited the condemned Prisoners on Saturday, and spent much time with them, to awaken them from their security; and informed them, that the day of their xecution would be speedier than they thought, bescause they prefumed upon the hope of a General Pardon. The Ordinary therefore, took the more pains to prepare these Criminals for their death, because he was told, That it would be on Wednesday, and that few of them would escape; exhorting them to consider how sad their condition was, how sinful; and that if they trifled away their precious hours, in not making their Peace with the Supreme Judge; who is a consuming Fire to all obstinate Offenders, they could not but aggravate their sin and eternal misery, by rejecting the remedy of both, in not performing the Duties required of them, in order to a blessed Eternity. The Ordinary, after much exhorting of them, prayed with them, to make them the more preparcd for the solemn Observation of the Lords day: On which he preacht on the 17th of the Acts of the Apostles, ver. 30, 31. The times of this ignorance God winked at: But now commandeth all men every where-to repent: Because he hath appointed a day in the which he will judge the world in righteousness, by that man whom he hath ordained; whereof he hath given assurance to all men, in that he hath raised him from the dead. The Ordinary read Prayers, and preached twice on this Text observing some of them to be very attentive, and seemingly much affected with both his discourses. In the Morning Sermon he acquainted them, that the first Clause of that Verse had been much perverted, to an extenuation of Sins of Ignorance, from the mistaking of the Phrase, God winked at the times of Ignorance; but the Word in the Original, doth not import any careless Indulgence of Sins of Ignorance, but is a comparative Speech, signifying, that he did not so strictly animadvert, and, for the present, punish the Idolatry of the Athenians, he did not take sudden present punishment to extremity. Sins of, Ignorance, under the darker dispensation of the Law, were comparatively overlookt, and passed by of God; but under the clear Revelation of the Gospel, to remainignorant jof. God, and of the right way of Salvation, is no excuse nor extenuation of such a wilful neglect of the means of Grace, and the knowledge of God in Christ; but rather indulgeth Sloth and Ignorance, is an aggravation of such sins which properly slow from it: The Apostle St. Paul affirms, That if the Gospel be hid from Sinners by a neglect to know their duty, so that they embrace not the terms and conditions of Salvation, such Sinners remaining wilfully ignorant, are lost as to any wellgrounded hope of future happiness, and cannot escape the last Judgment of God. In the Afternoon of the Lords day the Ordinary. proceeded to the remaining parts of the Text, viz. That God Now Commands all Mm every where to Repent. Which Phrase doth not so properly signifie an Immediate Repentance without Delay, tho this, may be Included: But is meant of the present clear, and more Urgent Tenders of Gospel Grace and Salvation by Christ: Whence he observed, that the first Covenant of Works being Broken, did not admit of any Repentance, neither could the lapsed Sinner Effect any such frame in himself, so as to satisfie Gods offended Justice. Adams A postacy, tho it did not blot out the knowledge of the Equity of Repentance, yet it had so disinabled him from working any such Disposition in himself, that he had neither any Capacity nor Encouragement thereunto, till the dawning of that Gracious Promise (included inxhe very Doom on the Serpent) That the Seed of the Wowan, Christ Jesus Incarnate, by his Meritorious Death and Passion, which was the Bruising only of the Heel of Christs Humane Nature, should Break the Serpents Head of Subtile malicious Power, against sinful Mankind. This, Promise Melted down the Pride of his Heart, and softned the Hardness of it, inviting him to Repentance. Thus no Sorrow for Sin can be accepted without Respect to Christ's infinite Satisfation, and the Believing Sinners sincere Application thereof. The Ordinary Refuted all Objections against Repentance, as if that were unsutable to a Gospel State: then he opened the true Nature of it, Wherein it differs from defective legal Sorrow, in all the Evangelical properties of it: Also having Exhorted the prisoners to obtain it: among many Motives, he made use of such especially as are mentioned in the Text, which would be Tedious to rehearse, and so dismist the Condemned Criminals, till Monday in the Forenoon, when he Visited them again, and having largely Exhorted and Prayed with them, he desired them to give him some account of the their Prepa rations for a Blessed Eternity. Some refused it with greater Obstinacy, than ever any did for nine Years past, as desperate and hardned in Wickedness, presuming they should be Rardoned, or being bold to venture into an Eternal State, without any defire to be Instructed or prepared for it. These were observed to be the greatest Criminals, and the most Obdurate, even rejecting all further Counsel, or to give any account how they stood affected with what had before been given with much tenderness and Commiseration. I shall now proceed to give some account of such who Voluntarily offered themselves to be directed by the Ordinary, as unto the better clearing up of their fitness for Death and future Judgment. First, Richard Maiden , Condemned for Felony and Burglary , upon the House of the Earl of Notingham, Stealing thence divers parcels of Cloaths and other Things of a considerable Value, which were the proper Goods of one Mr. Carpenter, Servant to the said Earl of Notingham, The Evidence wasfull and plainagainst the Pri soner, tho he endeavoured to evade it. This Maiden was Born about 15 Miles from Derby afterward entred himself a Servant to Squire Brooks in Oxfordshire , he lived with him for a Year, then falling Sick, when he Recovered, he went into the Service of the Lady Hambleton for half a Year: but leaving her Service, he fell in to Bad Company, and so came to Rob and commit the Burglary as aforesaid, for which he said he is very Penitent, and for all other Sins which provoked God to leave him to himself, so as to incur this Infamous sentence of Death. Second, James Burden , was Condemned for Stealing nine. Yards and an half of Velvet from the Lord John Oselstone : the Prisoner confess'd this Fact, as also the Burglary. The coudemned Criminal was born in Cornwal , 23 years old, living idly, came to London, where he hath been three years. He joined himself to bad Company prophaned the Lord's Day, was addicted to Drinking, Etc. confessing that God had justly suffer'd him to come to this shameful End. The Third, William Peddington , Condemned for flying from his Colours. He said, that he was born in Ireland , Apprentice to a Barber-Chyrurgion at first, but some time after, he married a Wife, she was in debt, and he also poor, Lifted himself to be Soldier ; but being discontented, he forsook his Colours, begging pardon of God and the King. The Fourth, Gabriel Sheires , Condemned for Felony. He told the Ordinary that he was Reprieved, and therefore it was needless to give him any account of the past course of his Life, or to declare what his preparations were for death. Fifth, Ralph Watson , was Condemned with the foresaid Richard Maiden , being found guilty of Felony and Burglary Etc. He said that he was Born in York shire , was 19 Years of Age; that the had been at the Employment of a Taylor , but following bad Company, he was now too late convinced of the Mischeivous Effects thereof yet despaired not God's Mercy, but beleived that upon his Repentance and Faith in Christ, he should be Eternally Happy. The Sixth, Robert Elton , Condemned for Robbing Samuel Smith , the Evidence was strong against him. He was Born in Scotland , is 17 Years of Age. He was an Apothecary , but some cross Passages befalling him in his Employment, he came into England , where he hath remained for a quarter of a Year. He Voluntarily confess'd that he had often broke the Sabbath; that he had been Disobedient to his Parents; that the Devil was very busie with him, to tempt him to other Sins. He denied not the Crime for which he was Condemned, but much lamented with Tears his Manifold Provocations of God, yet hoped, that he had not utterly forsaken him, because that he had made all Sin Now as Odious to him, as at any time it had been Delightful. I hope he was truly Penitent. Seventh, Thomas Blanke , was five times Indicted for Stealing three Horses and two Mares, Etc. The Evidence was very clear against him. He was Born in Hounslow , Aged 23 Years, by Trade a Butcher : He confess'd freely, that he had led a very ill Life, for which God justly suffered him to come to this untimely Death. He complained that he was not able to Pray to God, with that freedome and servency as he desired, by reason of the terrour of his Approaching Death, yet he is now more willing to Die, because he hath a greater hope of God's Mercy in Christ: and desired the Ordinary to Pray in particular for his poor and weak Soul. Eighth, Edward Gardner , Condemned with David Antholick , for Robbing on the Highway near Hide Park , one Thomas Poynton . A Person joyned in the Robbery with these two, affirmed, that they with two others not yet Taken, Robbed the said Poynton: So the Evidence was clear against him. David Antholick was Obstinate to the Ordinary for two days together, tho Prayer was made that God would soften his Heart But Edward Gardner was very willing upon consideration at last of advise with the Ordinary concerning his everlasting State. He is Aged 25 Years, he was Prentice to a Butcher , but his Master failing in his Estate, Gardner bore Arms in France, under my Lord Douglas: after that in My Lord Craven's Regiment; but he left his Military Employment, by the Enticement of one John Collwood . He saith that he hath not followed unjust Practices for above four or five Weeks, But that Cellwood called him out of his Bed to Joyn with him in the Robbery for which Gardner now stands Condemned: Yet he said, that he forgive' Collwood that was the occasion of his Crime, and his Death upon it. He of his own accord confess'd that he had not kept the Lord's day, and that he had been an unclean Person, that he cannot pray as he ought, and desires to do. He Wept that he could not repent and believe as he desires, yet he doth his Best, and hopes that God Will have Mercy on his Soul. Ninth, James Latchford Condemned for Stealing. He was Born in Lancashire , Aged 19 Years: He was Apprentice to a Master of a Ship , with whom he continued two years: Then he joyned with ill Company. His Father to divert him and reclaim him, took him into his Employment, which was Broad weaving , at which, Latchford continued for the space of three or four Years. He freely confess'd that he had Prophaned the Lord's Day; that he did not Pray that God would guard him from Temptations to Sin. He said that he was addicted to Gaming and Swearing, yet he hopes that upon his Repentance, God will have Mercy on his Soul. And he Prayes that the Lord would not only forgive him all his Sins, but change his Corrupt Nature, and make him fit for his Death. The Tenth, John Davies , Condemned upon full Evidence against him for Felony: He came into the Shop of one Margaret Dransfeild , and took a Bagg of Mony out of her Hand and run out at the Door. He was Born in St. Martins Parish , Aged 18 or 19 Years. He freely confessed that he had lived very Idly about the Streets; that he had been a Gamer at Dice and Cards; that he feldome Prayed; that he broke the Sabbath; that he had been a Swearer and Curser: Yet he hopes that he is now Penitent. The Ordinary asked him after Instruction, in the nature of true Faith and Repentance, whether he thought that his in particular was such. He gave some tollerable account, but said he could not well express himself, because he could not Read. Eleventh, Richard Hallsey , he said, that he was very descended, but was not put forth timely to any Employment, and that his Mother marrying second Husband, was prevailed upon by his Father in Law, to keep him from injoying some Estate of right belonging to him, this put him to his shifts, and induced upon him a difficulty how to sustain himself. He entred himself into his late Majesties Service , immediately after his Restauration, he was ingaged in Both Wars against the Dutch, he was afterwards a Souldier under the Prince of Orange for 3 years, he hath a Wife and Child now living, and for 2 years past, lived out of Employment, the reason he did so, was because he all that time depended on a Person, who promised to give or procure Employment for him, but that Person failing to do so, he was by long waiting, yet without any Success, brought much into Debt. He said, because he would not disoblige the Person who promised him Employment, he sought not for any elsewhere, and this brought him into great streights. As to the Crime for which he stands Condemned, he affirmed now, as a Dying man, that Roath and Collwood came to his house, and two more with them, Solliciting him to Rob Mr. Henderson a Scotch-Minister, he acknowledges that they all Five walkt out together. But when the other Complices went into Mr. Henderson's Hoase, he the said Hallsey ran away, and deserted them. So that he knows not what mischief they did in the House, neither did here in any part of the profit. He said that he had many convictions of histul State and course of Life, before his Commitment to Newgate , but that since his lying there, which was six weeks, the Lord was pleased much to work upon his Heart, so that he was attentive to the Ordinary in his Praying and Preaching. That he was very much affected with two Sermons lately Preacht on the 6. of the Rom. and the 5. v. For as we have been planted into the likeness of Christs Death, So shall we be also planted into the likeness of his Resurrection. He and those discourses furnished him with grounds of Comfort as preparatory for his Death. He said, that he had perished Eternally, if God had not forced him to Humiliation for spent Life, by this severe but Righteous dipentation; for he had been an old and greatmer, and could not have any hope of seeing the Face of God, but by Christs Satisfaction; but Oh my wicked Heart, said he, with a y sorrowful interjection, tho I should live the years of Methusalem, and my Humiliation extend as long, yet could it not wash out the tan of the least sin. He said he hoped his peace was made with God, because he is freely willing to Dye, the rather, least he should turn to the Folly of Sinning afresh, which would provoke God to Condemne him Eternally. He said he had sweet rest, last Night, for in the day time he sound that God gave him Tears to bewaile his sinful condition, and he hopes his Repentance is real, he said his thoughts did ramble in Praying, but he checkt them Upon my strictest observation of him, I do believe that he the said Mr. Richard Hallsey is a true Penitent, and thereby the Lord hath rolled away the reproch of his Death. His Prayer. Most Holy Lord, Good and Gracious, Everlasting and Blessed God, how Gracions art thou, Lord God, thou art a great God, and a Merciful God, and Thou hast done for me a Thousand times more then I deserved; I confess I Have been a great Sinner, and have done those things I ought not to have done, and left undone what I ought to have done: Lord, help me, strengthen my Faith every Minute more and more, those few Minutes I have to live, that when my Soul and Body parts, my Soul may ascend up to Heaven; and that he that shed his Blood for Sinners, may make my peace with God. Let my Sins be covered, forsake me not because of my Sins; I have been a great Sinner, I have offended against thy Holy Laws, I have humbly confest them all. Lord, for Christ Jesus Sake, forgive me all my Sins; I have confest them upon my bended knees: Grant that I may be a warning to others, that they may Spend their Sabbath better, walk uprightly and justly, and do nothing contrary to God's Law: Lord, receive my everlasting Soul; Jesus, keep me from the torments of Hell. One thing more I beg, Lord, bless the poor Widow that will be by and by, the Lord raise her friends, and give her Grace to undergo this trouble. And now I part in peace, I have repented me of all my Sins, and for Christ Jesus sake enable me with all things necessary this day, concluding this my imperfect Prayer, as Christ himself hath taught me, Our Father, Etc. Betwixt Ten and Eleven in the morning, the Prisoners were put into several Carts at Newgate , who all seemed very penitent all the way they went; when they came to Tyburn Mr. Ordinary Prayed with them, and Sung a Psalm, after which they exhorted the standers by to take warning by their dismal and untimely Ends of the Effects of Sin, which had brought them to that fatal place. And then they all Prayed earnestly by themselves, and desired the People to Pray for them, after which they were all Executed. Dated the6th day of May 1685 Samuel Smith Ordinary .

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THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, & Dying Words Of the SIX MALEFACTORS Who were executed at TYBURN On Friday the 18th of MARCH, 1748. BEING THE Third EXECUTION in the MAYORALTY OF THE Right Honble Sir Robert Ladbroke , Knt . LORD-MAYOR of the CITY of LONDON . NUMBER III. For the said YEAR. LONDON : Printed for, and sold by T. PARKER, in Jewin-street, and C. CORBETT, over-against St. Dunstan's Church, in Fleet-street, the only authorised Printers of the Dying Speeches. M.DCC.XLVIII. [Price Six-pence.] THE ORDINARY OF NEWGATE'S ACCOUNT of the Behaviour, Confession, &c. BY Virtue of the King's Commission of the Peace, OYER, and TERMINER, and Goal-Delivery of Newgate, held before the Right Honourable Sir ROBERT LADBROKE , Knight , Lord-Mayor of the City of London ; the Honourable the Lord Chief Baron PARKER, Mr. Justice FOSTER, JOHN STRACEY , Esq ; Recorder , and others of his Majesty's Justices of OYER and TERMINER, for the City of London , and Justices of Goal-Delivery of Newgate , holden for the said City, and County of Middlesex, at Justice-Hall in the Old Bailey , on Friday the 15th, Saturday the 16th, and Monday the 18th of January, in the 21st Year of his Majesty's Reign; ROBERT SCOTT , and SAMUEL CHILVERS , were capitally convicted, and received Sentence of Death accordingly. And by Virtue of the King's Commission of the Peace, OYER, and TERMINER, and Goal Delivery of Newgate, held before the Right Honourable Sir ROBERT LADBROKE , Knight , Lord-Mayor of the City of London , the Honourable Mr. Justice WRIGHT, the Honourable Mr. Justice BIRCH, the Honourable Mr. Baron LEGGE, JOHN STRACEY , Esq ; Recorder , and others of his Majesty's Justices of OYER, and TERMINER, for the City of London , and Justices of Goal-Delivery of Newgate , holden for the said City, and County of Middlesex , at Justice-Hall in the Old Bailey , on Wednesday the 24th, Thursday the 25th, Friday the 26th, and Saturday the 27th of February, in the 21st Year of his Majesty's Reign; WILLIAM STEVENS , FRANCIS HILL , WILLIAM WHURRIER , and JOHN PARKES , were capitally convicted, and received Sentence of Death accordingly. The Behaviour of Robert Scott , and Samuel Chilvers , ever since their Conviction, has been most remarkably serious, pious, and devout. Their Attendance at Chappel has been constant, and their Prayers and Supplications were always attended with such Symptoms, as plainly shewed them to be in Earnest in the Addresses they made to God, or the Praises which they rendered unto him. In a Word, their Appearance was always with such decent Deportment, as I never before observed, though I could heartily wish it were always the Case with these unhappy Wretches. The other four have behaved with Decency, Humility, and Resignation to the Will of Providence; and, as their Attendance at Chappel was constant since their Conviction, their Behaviour was agreeable to the melancholy Situation they were in. On Thursday the 10th Instant, the Report of the seven Malefactors was made by Mr. Recorder to his Majesty, when he was pleased to order the six following for Execution, viz. Robert Scott , Samuel Chilvers , William Stevens , Francis Hill , William Whurrier , and John Parkes . 1, 2. ROBERT SCOTT , late of Yarmouth in the County of Norfolk , Mariner , and SAMUEL CHILVERS , late of Long-Stratton in the County of Norfolk , Labourer , were indicted, for that they, together with divers other Persons, to the Number of ten, after the 24th Day of June, in the 19th Year of His Majesty's Reign, to wit, on the 5th Day of December, in the 21st Year of His Majesty's Reign, at Eastbridge in the Parish of Thorberton , in the County of Suffolk , did with Fire-Arms, and other offensive Weapons, unlawfully, riotously, and feloniously assemble themselves together, in order to be aiding and assisting in running and landing uncustomed Goods, and Goods liable to pay Duties, in Defiance and Contempt of the King and his Laws, to the evil Example of all others, against the Peace of the King, and against the Form of the Statute in that Case made and provided . 3, 4. WILLIAM STEVENS and FRANCIS HILL , of St. Giles in the Fields , were indicted for breaking and entering the Dwelling-house of John Burnell in the Night-time, and stealing six Gallons of Brandy, value 3 l. one Gallon of Usquebaugh, value 4 s. and half a Pound of Tobacco, value 16 d. the Property of the said John Burnell , December 27 . 5. WILLIAM WHURRIER of Finchley , in the County of Middlesex , was indicted for the Murder of Henry Rogers , on the 11th Day of February, in the 21st Year of His Majesty's Reign, by striking him with a Sword made of Iron and Steel, of the Value of 12 d. and giving the said Henry one mortal Wound on the Forehead near the left Eye, of the Length of one Inch and three Quarters, and the Depth of half an Inch, of which he languished, fromthe said 11th of February, to the 14th Day of the same Month, and then died. He was a second Time indicted on the Coroner's Inquisition, for the Murder of the said Henry Rogers . 6. JOHN PARKES , late of London , Labourer , was indicted, for that he, on the 5th Day of February, in the 21st Year of His Majesty's Reign, at London ; that is to say, at the Parish of St. Mary Staining , in the Ward of Aldersgate , in London aforesaid, feloniously did falsely make, forge, and counterfeit, and did cause to be made, forged, and counterfeited, a certain Paper Writing, with the Name of Paul de Lamerie subscribed thereto, and directed to Mr. Foxall, Refiner in Oat-Lane, purporting to be an Order, under the Hand of Paul de Lamerie, to John Foxall and Peter Floyer , Copartners in Trade, (the said Paul de Lamerie being a Person well known to the said John Foxall and Peter Floyer ) for the Delivery of two hundred Ounces of Sterling (meaning Sterling Silver) and directed to the said John Foxall ; which said false, forged, and counterfeited Paper Writing was as follows, to wit: To Mr. Foxall and Company. "Please to deliver to the Bearer "two hundred Ounces of Sterling. I "promise to pay in fourteen Days "after Date. Paul de Lamerie ." Feb. 5, 1747-8. To Mr. Foxall, Refiner in Oat-Lane. He was also indicted for feloniously uttering and publishing the said false, forged, counterfeited Order, knowing it to be false, forged, and counterfeited, with an Intent to defraud the same Paul de Lamerie . John Parkes , aged 45, was born near Wrexham in Denbyshire , in Wales ; he was bound Apprentice to a Silversmith , served his Time faithfully, and has at several Times, for upwards of twenty Years past, worked with many worthy and good Tradesmen in the City of London . He says he might have lived as well as any Man, and did for many Years, till he forsook God, who then gave him up to work his Ruin by his own evil Inventions. Robert Scott , aged 28, was born at Yarmouth in the County of Norfolk ; he was bound Apprentice ; and served his Time to a Collier . After his Time was out, he still continued in the Coal-Trade, bore the Character of an honest, sober Lad; and sometimes went to Rotterdam to carry corn. He says he generally failed in one or other of these Employs till within this twelve Month last past; during which Time he acknowledges to have left off his own Occupation, and to have been concerned with Smuggler s. He says indeed, that he was ignorant of, and did not in the least suspect the ill Consequences of it; though now he finds, to his great Grief, that his Life must pay for it, which he might very willingly part with, but the Thoughts of leaving behind him a Wife, and two poor helpless Orphans, occasions greatUneasiness in his Breast. As he fell into these unhappy Methods of opposing the Laws of his Country unadvisedly, and without knowing whereto such Practices would lead him, he doubts not but to meet with the Pity and Compassion of his Fellow-Creatures in this Extremity; and resigning up his Life to the Resentment of the Laws of his Country, and his Soul into the Hands of a merciful God, he hopes through Christ, whose. Merits are greater than his Sins, upon his Repentance to obtain Forgiveness. Samuel Chilvers , aged 26, was born at Little Stratton , in the Country of Norfolk . He was always used to be a Labourer at Husbandry , till, unhappily for him, he was inveigled into the Service of some Smuggler s, to which he was led by Promises of great Gains for little, and that not hard Labour. He says, when he first went among them, he had no Thoughts of doing Mischief, nor has he ever done any to any Man's Person. He is sensible, however, of having greatly offended against the Laws of his Country, by appearing with armed Force, contrary to the Laws thereof; and has no more to say, but that he hopes Forgiveness of this and all other his Offences at the Hand of God, through the Merits of Jesus Christ, declaring himself sincerely penitent, and in Love and Charity with all Men. William Whurrier , aged 28, born near Morpeth in Northumberland , was bred to Husbandry , and followed that Occupation till about twenty Years of Age, when he listed for a Soldier : He has been in the Army about eight Years, and belonged to General Sir John Cope 's Regiment at the Time he was so wicked as to commit this cowardly and barbarous Murder upon John Rogers . He says, he had been in the Service in Flanders for these five Years and a half past, and a very unfortunate coming over for him it was now, and even much against his Will that he was sent over; but he could not refuse to comply with the Orders or Directions of his Superior Officer. The Reason of his coming over was as follows, as himself related: Some Horses being wanting in the Regiment to which he belonged, he and some others were pitched upon to take care and conduct them, that they might be brought over safe, and in good Order. The above desired to be excused, for that he had rather tarry in Flanders with the Army ; but his Officer having himself bought a Horse, which he had particular Value for, chose rather to commit it to his Care than any Body's else, and so he was obliged to comply. He arrived from Holland in the Beginning of February, and the unhappy 11th, on which this bloody Scene was acted, as he and the Command to which he belonged, were going from Hampsted to Barnet , he says, that their commanding Officer, being a Sergeant, met a Man, whom he inlisted for a Soldier, and gave him some Earnest. The Man afterwards repented his Bargain, but having spent the Money, was forced to return to Hampsted e'er he could reimburse the Sergeant. The Sergeant sent the unhappy Soldier backwith him, and he requested that another might be his Comrade in that retrograde Expedition. When they came to Hampsted , the Fellow having Friends there, returned the Money he had received, and being unfit, i.e. too low of Stature for the Service, he says they willingly let him go about his Business, and set out again for Barnet. The Comrade complaining he was Foot-fore, upon Finchley Common they saw the Post-Boy, and agreeing with him about the riding a led Horse, left the unfortunate Soldier, though he desired he would not, and said he had much rather he would walk, that they might keep Company: However, the one rode of, and the other walking over Finchley Common , overtook a Woman; he and the Woman had some Converse together, in which they discovered that they were of the same Country; he asked her to drink with him, which she did, and afterwards they proceeded on together towards Barnet . As the Soldier and Woman walked upon the Common, he says he turned back, and saw one Man in a Sailor's Habit coming behind them, and at some Distance he saw three more habited like Sailors; upon which he asked the Woman, whether she was Wife to either of the Sailors, or if they and she had any Acquaintance? And her Answer being in the Negative, he says he knew not what to think. He suspected that they were about to beset him and the Woman; or else that there was a Combination between them and the Woman against him. He saw them mend their Pace, and so he imagined they had some bad Design. The first that came up to him was, however, the unhappy Person, who made too much Haste to his Fate, who, he says, accosted him with rough and unbecoming Words, asking, What Business he had with the Woman? The Soldier, somewhat exasperated, told him, It was no Matter to him, and that he had best go about his own Business. The other Three made to the Road, he says, and came up with him too, using opprobrious Language, and brandishing their Sticks at him. This more enraged him, and being somewhat frighted, he says, he thought it Time to draw his Sword, not considering what might be the Consequence. Immediately upon which, they seemed to retreat, and he thought proper to return his Sword, as he called it; which, as he was about to do, one of the Sailors snatched at it, and caught hold of it, whilst another, he solemnly declares, as a Dying Man, cried out, and swore, If he had got the Sword, he would kill the Dog. However, by main Force, he wrested the Sword from the Sailor, and began to lay about him. Upon this, they all endeavour'd to run away, but the Deceased, not being so nimble of Heels as the rest, unhappily fell under his merciless Blows. He overtook him, and being overcome with Liquor and Passion, he gave him several Blows, and declares, that when he struck him on the Forehead, he believes that was the Blow that felled him, and laid him flat on the Ground. He says, he is very sensible how cruel and barbarous an Act he hasbeen guilty of; but that he never saw the Person he murdered before. He says, he can account for the rash Act of Violence no otherwise, than as being much dipped in a certain Sort of Liquor, too much in use now-a-days, which maddens the Minds, and debauches the Morals of People; he was insensibly led on from one Degree of Passion to another, till he had worked his own Ruin in that of his Brother. He declares himself heartily sorry for this and all the Offences of his Life; and having endeavoured all that is in his Power to repair the Breach he has made in his Duty to God and his Neighbour, hopes his ill Example may never take Place in the Breast of another, unless to warn him to take special Care how he lays open a Way for Anger, or any other evil Affection of the Mind to grow upon him, so as to become absolute and uncontroulable. He declares to put his Trust in God; hopes his Repentance will take away the Scandal that this most wicked Act of his has given to others; that such Warning may be taken from his fatal Doom, that this most crying Sin may never again be committed; and having a true Sense of all his Sins, and especially of the Crime he suffers for, he endeavours that his Heart may be so wounded with Sorrow, that his Repentance may be sincere and prevailing. William Stevens , aged 17, was born in the Parish of St. Anne's Westminster . He was once put Apprentice to a Shoemaker , whom he served faithfully for two Years; after which he went to live and work at the same Trade with his Father, at St. Giles's in the Fields , with whom he continued, and in whose House he was when apprehended. He owns that he has been an unlucky wicked Youth, but says, he never was concerned with any Thievry, or Gang of Thieves, till within these three Months last past; and that W - n, the Evidence, who now swore against him, first led him into it. The Beginning of his Acquaintance with him, Stevens says, was about two Years ago; that he never knew him guilty of any ill Thing, nor suspected him of Thievry, or House breaking, till about three Months last, as above, when he declares, W - n would often come to his Father's House, and, enticing him away, would carry him to Drinking with him, and frequently to lewd Women. This was their Practice, he says, generally on Sundays, and, instead of going to Church to serve God, the Works of the Devil began now to be uppermost in all his Thoughts. However, when he found that such a Way of Life was not to be supported without much Expence, and frequently complained of Want of Money, his Companion, W - n, with Oaths and Curses, he says, would say, Why do you not get Money as I do? And now W - n began to take him in an Assistant or Accomplice in his Robberies; and three others, besides what he is now convicted for, Stevens has been concerned with him in. The first Robbery they were Confederates in, was at a House in Fleet-Lane , belonging to a Cheesemonger in the New Market, which, Stevens says, W - went into, and plundered of five Guineasand an half, and a new Hat, whilst he waited for him in his (W - 's) Mother-in-law's House, next Door. The Money was divided between them, but the Hat W - kept. During this Time they both lived together, and had done so for some Time, when Stevens, afraid of being discovered, was persuaded in himself to leave W -; which he did, and went Home to his Father's for about a Fortnight. But W - wanting his Assistance, or resolved to ensnare the poor unhappy Youth, was frequently after him at his Father's House; and at length meeting with him when in Liquor, got him away again, and that Night they went again to the same House in Fleet-Lane . W -, in the first Place, (No-body being within) broke open his Mother-in-law's House, and, from the Garret-Windows of her House, got into the Garret-Window of the above-mentioned House, whilst Stevens waited his Return. In this Exploit the Adventurers got a Pair of Silver Buckles and a Gold Ring; but what became of them Stevens could not remember. W - a third Time must employ Stevens, and he tells him, that one who had been Servant in a great Man's House, where once he licked the Dishes, and went of Errands, had got Plate, and he knew how to make himself Master of it. The poor Man's House was accordingly robbed by them of a Silver Porringer, a Silver Watch, Silver Shoe-Buckles, and a Silver Stock-Buckle, &c. and as yet they were undiscovered. The fourth and last Robbery Stevens is acquainted with, is that for which he is convicted, and suffers Death; in which too he declares W - was the chief Actor. He had again withdrawn himself from W - 's Company, resolving never to pursue these Practices more; and, for a Month before this Fact was committed, had not seen his Face. But he was not so to escape; for W - tries him once more, and comes to call him up, under pretence of going to hear the Waits. The poor Youth unhappily once more obeyed his Call, and has now found it to be once too often. Sensible of the dreadful Consequence of bearing false Witness, he turns the Tables upon W -, and, upon his dying Word, declares he acted the very Part which, at the Trial, he swore Stevens did. He owns he helped to pull open the Door, so as that another might reach the Bolt; but declares still W - pushed back the Bolt, and drew the Liquor, &c. and brought it to Hill, the other Sufferer, whilst himself stood at a Distance to watch, and give Notice, if any one was coming towards them. Being young, and entirely unacquainted with the Nature of the World, he has thus unhappily been brought to his End. He declares however to be very sorry for the Offences he has been guilty of against God and Man, to die in Charity with all Men, and rejoices to have Hopes of Salvation thro' the Mercies of God and the Merits of Christ. Francis Hill , aged 23, was born in St. Martin's , Westminster . At about 12 or 13, he says, he was bound Apprentice , but being sickly and weak, was obliged to return Home again to his Parents, who sent him into the Country, and there he remained some Years, living a quiet and sober Life. At length he returned to Town again, and having gotten an Insight into that Trade or Calling, he sold Rabbits about Town, and thereby obtained a tolerable good Livelihood. He says he and his Wife lived together very well, till she unfortunately fell sick; during which Sickness, what little Matter they had saved was expended. Her Sickness still encreasing, and being obliged to be put into an Hospital, he went to Lodgings, at Two Shillings per Week. But thinking that too much to pay out of the Labour of his Hands for Lodging only, he went and took Part of a Bed with another young Man, at One Shilling per Week. Whilst at this Lodging, he says, on Saturday Night, about Twelve o'Clock, W - came to him, and said, Mr. S - d's Son (who, he says, is a very honest, sober young Man) wanted to speak with him. Now this, he found, was only a Decoy to get him out from his Lodgings, which he not suspecting, went with W -, who carried him to Stevens's House, and they all three went together. He protests upon his Word, as a dying Man, he stood at a great Distance from the Place when the Liquor was drawing, though he had before helped to strain the Cellar-Door so far as that the Bolt might be pushed back. He believes that W - unbolted the Cellar-Door, that he did draw and bring off the Liquor; for that he received one Gallon and half a Pint of Brandy, which W - brought him, and promised him Two Shillings for Selling of it. After the Thing was over, and the Brandy sold, he says, he had great Uneasiness in his Mind, and wished the Jobb undone, but it was too late. However, knowing that he had done what was not right, in order to get out of the Way of what might follow, he went and hired himself out as a Labourer in St. James's-Square , to a Bricklayer , where an old House was pulling down. However about a Month or Six Weeks afterwards he returned to his last Lodgings, and finding that there was a Search Warrant out after him, he was terribly affrighted for some Time; till being persuaded that he could not be hurt, and being himself of Opinion that he had done nothing that might touch his Life, or otherwise be of Prejudice to him, he resolved to see it out. When the Officers came to apprehend him, he says, he might have got away, having Notice before-hand of their coming; but as he had done amiss, he was determined to see the Event of it. The Receipt of the Brandy from W - he owns, knowing, at least believing, it to be stolen; and acknowledges therefore the Justice of his Sentence, and prays to God that his Trespasses may be forgiven him, as he sincerely forgives, and dies in Charity with all Men, trusting in the all-sufficient Merits of Christ Jesus. APPENDIX. The Confession of John Parkes , Condemned for endeavouring to Defraud Messrs. Foxall and Co. of Two hundred Ounces of Sterling: Containing a full and ingenuous Account of that Fact, as well as of some others of the like Kind which he has committed: All wrote with his own Hand, whilst under Sentence of Death in Newgate . BEING desired by a Friend to open to the World the many Scenes of Villany I have by myself committed, I shall, in order to acquit my Conscience, as well as that others may not be suspected or accused wrongfully, as a Dying Man, with the strictest Regard to Sacred Truth, lay before the Public what I blush to read, even while I write. But, as God Almighty knows the Secrets of all Hearts, knows when we speak Truth, and when we lie, so I will deliver it as tho' I were before that awful Tribunal where I am so soon to appear. I shall begin with an Account of the Fact for which I deservedly suffer. On Friday, February the 1st, I wrote a Note, in the Name of Paul de Lamerie , for Two hundred Ounces of Sterling, and enclosed it in a Letter directed to Messrs. Foxall and Co. which I carried myself; and the Apprentice only being in the Shop, I delivered it to him, who asked me, if it required an Answer? I told him, Yes, and that I came from Mr. Lamerie. He said Mr. Floyer was not at Home, but he would carry it up Stairs to Mr. Foxall; and he and I came out of the Shop together. He locked the Shop-Door, and bid me stay in the Passage till he came down. I thought he stayed a long Time, and Guilt made me conclude they were comparing the Note with some of Mr. Lamerie's Writing: However, by-and-by the Apprentice came running down Stairs, and said, Mr. Floyer was but just by, and he would fetch him. Accordingly the Gentleman came, and asked, Who wanted the Silver? I told him I did; and he bid me walk into the Shop, and sit down, saying, the * Assay would come in a Quarter of an Hour. In the mean Time the Apprentice went for a Constable, who was directly charged with me, and I was carried before the Lord-Mayor; who being just then going out, I was carried to Woodstreet-Compter, * Assay is what the Workmen in Silver call the Proof, to know if the Silver is Standard. and ordered up next Day, at Four o'Clock. Accordingly, being brought up next Day, and examined, I was sent to Newgate , where I remained till Friday, the third Day in Lent, when I was tried, and deservedly condemned, not for receiving the Silver, but for forging the Note, which is Death by the Law. Surely I must be out of my Senses at that Time, to offer or attempt such a Thing; and even after I was so wickedly foolish, I suffered myself to be flattered by three or four Persons, that the Prosecutor would not appear against me; which I too fondly believed, or might have had many Persons to have appeared in my Behalf; but now it is too late. I have no other Comfort left, but to trust in my Blessed Redeemer, and to hope, through his Merits and Mediation, Pardon for my manifold Sins. As I have done several Acts of the same Kind, I will set them down as near to the Truth as I can possibly remember, and hope the Gentlemen whose Names I have made use of, as well as those I have defrauded, will forgive me, and pray for my poor lost Soul. About the 20th of August last I drew a Note in the Name of Mr. Henton Brown , a Goldsmith in Lombard-Street , on Mr. Scott, a Refiner in Love-Lane, for One hundred Ounces of Sterling; which Note I enclosed in a Letter directed to Mr. Scott, and carried it myself to his House in the Dusk of the Evening. There were two Apprentices in the Shop, the Eldest of whom opened the Letter, and, after reading it, he asked me, If I was a Silversmith, and where I work'd? I told him, at Mr. Robinson's, in Bond-street; he said he knew Mr. Robinson very well, but did not remember they had any Dealings with Mr. Brown, and could therefore say nothing to it, without his Master was at home; but if I would come at Eight next Morning, 'twas possible I might have the Silver. Being thus disappointed, I went away, promising to call in the Morning, and ruminated the whole Evening in what Manner I should act, but could form nothing to my Mind; so went to Bed, and rose about 7 o'Clock next Morning; and, the Lord forgive me! as I had seen Mr. Robinson's Writing several times, and could very well imitate it, I fell to writing a Letter in his Name, signifying if Mr. Scott doubted Mr. Brown's Note, he would himself be answerable for the hundred Ounces of Silver. When I had finished my Epistle, I set out, tho' not determined whether I should carry it myself, or send a Porter; I had said in the Letter sign'd with Mr. Robinson's Name, that the Silver was to make three Waiters, which were in a great Hurry, and beg'd that Mr. Scott would not disappoint Mr. Brown, because if they were not done in Time, he would lose a good Customer. I went into an Alehouse by Cripplegate, and called for a Pint of Beer, and perceiving a Porter coming along, I called him, and ask'd if he would go of an Errand? he replied, Yes; and giving him the Letter, I read the Direction to him, and bid him say he came from Mr. Robinson's, in Bond-street, and that the Manwho was there the Night before, was taken ill, and could not come himself; I gave him 3 Pence for going, and a a little Bag to put the Silver in, and he set out. As soon as he was gone I paid for my Beer, and told the Woman of the House I was going hard by, and if the Man came back before I returned, to bid him leave the Bag 'till I called for it: I soon overtook the Fellow, and watch'd him into the House, and then turned up a narrow Passage, faceing Love-lane, the other Side of Wood-street, to observe when he came out, and whether any one followed him: In a little Time I perceived the Porter come out with the Silver, and not seeing any Body come after him, I kept at a little Distance, and got into the Alehouse almost as soon as he, and took the Bag from him, pretending to be in a great Hurry, and away I went to have it melted down, in order to turn it into Cash as soon as I could, having no Conveniency of melting it down at my own Lodgings; I apply'd to an Acquaintance of mine, near the Seven Dials, who granted me the Use of his Room, where I melted down about half of it, clean Silver without any Allay to it, and sold it the same Day to a Refiner in the City; the remaining Half I tied up in my Handkerchief, and carried it home to my Lodgings: and about thirteen or fourteen Days after, wanting about 30 or forty Shillings, I went to my Friend's again, who being busy I left it to his Care for two or three Days, and then came again and melted it, and put about 3 Ounces of Copper to it; I carried it to the same Refiner who bought the first Parcel, when I found a wide Difference in the Price, but I dared not complain, knowing how I came by it, tho' my unhappy Affair with Mr. Foxall and the Refiner's comparing Notes together made me shrewdly suspected; and I rejoice that I have it in my Power to acquit any innocent Person of a Guilt that alone lies at my Door. Many more Attempts have I made to defraud Mankind, tho' they have not always met with Success. I remember I once went in the Name of that very worthy Goldsmith Mr. Slate, to Mrs. Ch - t, in Holborn; I likewise went to Mr. Foster in the Borough, and to Alderman Blachford for Silver; but, thank God, they had more Wit than to deliver me any: I sent a Porter also to Mr. Milson, on Saffron-hill, in the Name of Mr. Methuen, for some Buckles, but he did not deliver them; and other Attempts I have made, too many for my confused Mind at present to recollect; but Justice at length has overtaken me, and I am to suffer an ignominious Death, and the Lord have Mercy on my poor Soul. One Reason of my following this shameful wicked Practice was my being indebted to my Friend at the Seven Dials, who threatned hard to arrest me, for a Score run up at his Alehouse: and here let me warn all People, especially such who work for their Bread, never to run into Alehouse-People's Debts; it is attended with a Train of Evils, too many for my weak Capacity to enumerate; and by fatal Experience 'tis found that a poor working Man, who earns but a certain weekly Stipend, and has perhaps a Family tomaintain out of those Earnings, can never recover perhaps a Score of only a few Shilings, unless he plucks up a Spirit to refrain Drinking, which Resolution only can effect; but if once he suffers the Habit of Sotting to grow upon him, 'tis hard, very hard to break it; Work must be neglected, his Family must starve, fall to the Parish, or he turn out, as I have done, a Villain, and come to be hang'd: But I implore the Almighty merciful God, that mine may be the last Instance, and that Mankind by my Catastrophe may shun such wicked Acts, and that the next Generation may by their Innocence, Frugality, and Industry, recover what their Forefathers lost by their Villainy, Prodigality, and Idleness. JOHN PARKES . After I had taken the foregoing Account from Whurrier's own Mouth, he got the following Paper written and delivered to me, desiring me to exhibit it to the World. He calls it, WHURRIER 's Declaration. THIS is to let the World know, that I have lived in good Credit, and have served his present Majesty eight Years and two Months. In the Time of my Service, I have stood six Campaigns, and always obeyed all lawful Commands; I have been in three Battles, and at Bergen-op-zoom during the Time it was besieged. The first Battle was at Dettingen , June 1743, and his Majesty headed his Army: The second was in the Year 1745, April 30, at Fontenoy: The third was in Luckland by Liege ; besides several other Skirmishes, and other great Dangers. I had rather it had been my Fate to have died in the Field of Battle, where I have seen many Thousands lie wallowing in their Blood, than come to such Disgrace: But, alas! I have escaped all these Dangers, to come to that unhappy Fate to suffer at Tyburn , and afterwards to hang in Chains on a Gibbet, which last is the nearest Concern to me; and I cannot help expressing, that it would be more beneficial to the Public, to employ Blacksmiths to make Breast-plates for the Soldiery, than Irons to enclose their Bodies, to be exposed to the Fowls of the Air. I have been a true Subject, and a faithful Servant, as is well known to the Officers of the Regiment to which I did belong. If I had been a Pickpocket or Thief, I should suffer much more deservedly in my own Opinion than I do now, for what I did was in my own Defence; I was upon the King's Duty, and was assaulted byfour Men in Sailors Habits, who gave me so many hard Blows, as well as so much bad Language, that I could no longer bear it, and was obliged to draw my Sword in my own Defence; and being in too great a Passion, as well as much in Liquor, I own I struck without Mercy, as thinking my Life in Danger, surrounded by four Men whom I thought designed to murder me; who or what they were, the Lord knows, it is plain they had a false Pass, as it was proved, and that they had travelled but seven Miles in nine Days; but I forgive them, as I hope Forgiveness, and the Lord have Mercy on my Soul, and the poor Man's whom I killed. William Whurrier . Stevens 's and Hill 's Letter. SIR, THIS is to desire you to forgive us, as we forgive you We are sorry you valued your Goods at Three Pounds, which an eminent Distiller says, were not worth half the Money. You have Children of your own, we hope they may never come under the Misfortune as we are; but if they do, we hope they will meet with more Mercy from their Prosecutors than you have shewn us. And as for the Evidence saying we set him on, is entirely false, we not knowing his Design or Intent: So we hope God will forgive for the false Oaths that he took, and you encouraged him in for to make him an Evidence, for he swore false against us, saying I broke open the Cellar Door, and drew the Liquor, which I am innocent of, and did not; and we had but a Galton and half Pint of him to sell. Though we are going but a short Time before, we hope God will forgive you all, as we hope God will forgive us for all our Sins past, and will receive our Souls: So you will bear no more from us, till after our Decease, so no more at present of two dying Sinners. Signed, Francis Hill , AND William Stevens . March 12, 1747. Letter to Mr. B - 1. At the PLACE of EXECUTION. ABOUT Nine o'Clock on Friday Morning last, Robert Scott , Samuel Chilvers , William Stevens , Francis Hill , William Whurrier , and John Parkes , went from Newgate to the Place of Execution, the three former in one Cart, the three latter in another, attended by a Party of Soldiers. Their Behaviour to the last Moment of their Lives was consistent with what is said before of them; and having for some Time continued in Prayer, they seemed to meet their Fate with composed Minds. The Body of William Whurrier was taken to be hanged up in Chains upon Finchley Common , not far from which Place he committed the Murder. This is all the Account given by me, JOHN TAYLOR , Ordinary of Newgate .

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THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, and Dying Words, OF THE MALEFACTORS, Who were Executed at TYBURN, On FRIDAY the 26th of MAY. BEING THE THIRD EXECUTION in the MAYORALTY OF THE Rt. Hon. Sir JOHN BARNARD , Knt . Number III. For the said Year. LONDON : Printed and Sold by JOHN APPLEBEE , in Bolt-Court , near the Leg-Tavern , Fleet-street . M,DCC,XXXVIII. (Price SIX-PENCE.) THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, &c. AT the King's Commission of Oyer and Terminer, and Goal-Delivery of Newgate, held before the Rt. Hon. Sir John Barnard , Knt . Lord-Mayor of the City of London , the Rt. Hon. the Lord Chief Justice Lee, the Hon. Mr. Baron Carter, the Hon. Mr. Justice Denton, and the Worshipful Mr. Serjeant Urlin, Deputy Recorder of the said City; and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Oyer and Terminer and Goal-Delivery of Newgate, for the said City and County of Middlesex, at Justice-Hall in the Old-Bailey , on Wednesday, Thursday, Friday, and Saturday, the 12th, 13th, 14th, 15th, of April, 1738. and in the 11th Year of his Majesty's Reign. Seven Men, viz. Richard Newman , John Toon , Edward Blastock , William Tinman , Phillip Murray , Joseph Goulding , and William Lawrence ; and one Woman, viz. Judith Murray , were by the Jury found guilty of Capital Crimes, and received Sentence of Death. While under Sentence, they were exhorted from these Words, Then said Jesus unto his Disciples, if any will come after me, let him deny himself, and take up his Cross and follow me, Matt. xvi. 24. We observ'd 1st, Jesus instructed his Disciples or Scholars, who gave themselves up to be taught by him, in those heavenly Doctrines, which alone can make us Wise unto Salvation, and upon such the wise Solomon pronounceth a Blessing, Blessed is the Man that heareth me, watching daily at my Gates, waiting at the Posts of my Door, Prov. iii. 34. 2dly, We observed, that all Men are invited to come unto Jesus Christ and partake of his heavenly Kingdom and Glory; so that if we perish, our Destruction is of our selves, and we are altogether inexcusable; therefore I exhorted them to embrace Jesus Christ, and accept the Offers of the Gospel, which are tender'd indifferently to all without Exception of high or low, rich or poor, noble or ignoble. 3dly, If we intend to partake of the Blessings purchased by Christ's Death an Intercession, pardon of our Sins, Peace with God, and a Right unto eternal Life, it is necessary to deny our selves, wholly to renounce our sensual Appetites, and submit our selves to that Rule prescrib'd us by the Laws of Christ. They were instructed in the Nature of the Christian Sacraments, wherein the Goodness of God appeareth to us in a singular Manner, since we no sooner come into the World, but we are receiv'd into the Church by Baptism, where we have the Blood of Christ, and consequently all his Sufferings are in some Measure represented to us in Baptism, for as Water cleanseth the Body outwardly, so the Blood of Christ purgeth the Soul and Conscience from dead Works inwardly, that we may serve the true and living God, in Righteousness and Holiness of Life all our Days. While these and many like Exhortations were given, all of them attended in Chapel, such as could read, made regular Reponses, and they were attentive to Exhortations and Prayers; only Joseph Goulding once or twice in Time of Divine Service laugh'd, and endeavour'd to disturb the rest of his Fellow-Sufferers; but being sharply reprov'd, he behav'd quietly and more decently the remaining Part of the Time. Richard Newman , who was convicted and condemn'd, for stealing a Black Gelding, value 10 l. the Goods of John Wall , in the Parish of Staines , March 10. was a Man about 30 Years of Age; the Proof of his stealing the Horse at Staines was clear against him, and he could not deny it: Before his Trial, the Goal Distemper seiz'd him; when he was call'd to his Trial he was very ill, and was carried on a Man's Back to receive Sentence. His Sickness continu'd and increased upon him in the Cells, and I visited and pray'd for him 2 or 3 Times; but his Illness increasing, he died in the Night Time, Thursday, April 20. Upon Thursday the 18th of May, Report was made to his Majesty in Council, of the Nine Malefactors under Sentence of Death in the Cells of Newgate, Seven of whom, viz. John Toon , Edward Blastock , William Tinman , Phillip Murray , Judith Murray , Joseph Goulding , and William Lawrence , were convicted at the Sessions in April last, and John Margetts and William Ifield , who were condemn'd at the Sessions in December last, but had a Reprieve till now, when they were all appointed to die. Judith Murray , having been found quick with Child by a Jury of Matrons, was repriev'd till such Time as she is brought to Bed. Judith Murray , (otherwise Judith the Wife of William Tinman ) William Tinman and Phillip Murray of St. Leonard Shoreditch , were indicted, for that they not having God before their Eyes, &c. and not being Persons employ'd at the Mint in the Tower, (nor any of them) for our Sovereign Lord the King, nor weighing the Duty of their Allegiance, but contriving and intending our Lord the King, and his People, feloniously and traiterously to deceive and defraud, on the 11th of March, 22 Pieces of false, feigned and counterfeit Money, of Pewter, Tin, Lead, and other Metal, in the Likeness of Shillings, falsely, deceitfully, and traiterously, did forge and coin, to the evil Example of others, &c. against their Duty and Allegiance, and against the Form of the Statute. They were a 2d Time indicted, for that they not being Persons employ'd, nor any of them, for the Mint in the Tower, or elsewhere, for our Lord the King, had in their Custody and Possession, certain Implements and Materials, requisite for Coining, viz. 1 pair of Molds made of Chalk, on one of which Molds was impressed the Figure and Resemblance of one of the Sides of a Shilling, without any lawful Authority or Excuse, in the Dwelling House of William Saul , against the Duty of their Allegiance, &c. 1. William Tinman , about 30 Years of Age, born in the County of Galloway in the Kingdom of Ireland , of honest Parents, who gave him a tolerable Education: When he came of Age, he was not put to a Trade, but did his Father's Business, who was a Farmer ; afterwards he serv'd some Gentlemen at Dublin , where he maintain'd a good Character, and was never accused of any Crime; he afterwards went to Paris and serv'd an Irish Gentleman of a great Estate there for the Space of nine Years, and as he was a dying Man, he professed he never had wrong'd any Body to the Value of a Farthing. He was bred a Protestant, as all his Father's Family and Relations were of that Perswasion: But by his living in France he contracted an Approbation of the Roman Catholick Religion. After some Time he left his Master in France , and in his Way to London he met with Alice Macdonnaugh , or Donnavin , and Judith Murray , who had been to France to put off counterfeit Money; Tnman contracted a great Intimacy with these two Women: Donnavin intended to have made him her Husband, but he liked Murray best, and was most intimate with her; he denied his Marriage with her, but she affirm'd it. This made Donnavin conceive a Hatred to them both, and was the Occasion of her discovering them. They both fell in Love with him in France , and communicated all their Secrets to him, and were at the Charge of bringing him over. They kept him for some Time at London , and supply'd him with every Thing he wanted. When they had been long enough in London to compleat a Cargo of counterfeit Money, they all intended to go again to France to dispose of it. To this End they all 3 got on Board a Vessel, but the Love Affair, creating uneasiness among them, Tinman took it into his Head that Donnavin intended to trepan him into the French King's Irish Regiments. This Jealousy Judith encourag'd in him, so after Words and Blows, they all came ashore again; but their Passion being cool'd a little for the present, they consider'd 'twas their best Interest to agree, and accordingly they took Lodgings in Holywell-Lane , Shoreditch . Here they had not been long before they fell out again, and Donnavin swore to hang Tinman, and she kept her Word. During the Time of their Acquaintance, as they never had but one Room, he to keep Peace, consented that the two Women should lie in the Bed, and he contented himself with reposing in an Elbow Chair all Night: A plain Proof that his Idleness exposed him to some Hardships and Inconveniences. As to the Crime of which he was convicted, he own'd it, and that they let him first into the Secret, and that they had liv'd ever since he was first acquainted with them in France upon their Ingenuity, which he never had Capacity to attain to; but he concurred in carrying on the Affair, and assisted them as far as far as he could. He appear'd serious, and constantly attended in Chapel, and if he was not really penitent, he was a great Hypocrite; for no one could make a greater outward Shew of Religion. He confessed he had not been so circumspect in his Life as he ought to have been, and that he had been too much addicted to bad Company and Drinking. When they came from France they were taken up at Hithe near Dover , for uttering bad Money, but the Evidence against them not being sufficient they were discharg'd; upon which they came to London , and were taken in the Fact, with their Tools about them. He own'd himself to have been a great Sinner, but expressed a strong Confidence of obtaining Mercy from God, through the Merits of Jesus Christ, declar'd that he was a sincere Penitent for his many and great Sins; and that he died in Peace with all Mankind. 2. Phillip Murray , convicted of the same Crime with Tinman, and his Sister Murray, was about 18 Years of Age, born at Dublin , of honest Catholic Parents, who gave him good Education; when of Age they put him to a Weaver of Broad Cloth , to whom he served his Time, and lived in that Way, till about a Year ago his Sister Judith, and her Companion Alice Macdonnavin , who was Evidence against them all, brought him over from Dublin , and imparted to him the Secret of their Coining. Macdonnavin swore that he came hither in Company with them, but he alledged that he had been in London 2 Months before them. He had a near Relation who is a Surgeon, and who had taught him to bleed, and to perform some other little Parts of Surgery . A great Part of the Time he was in London he was afflicted with Sickness, but when in Health, almost constantly worked with a Weaver of Broad Cloth, to whom he was recommended, and who appeared upon the Trial, and gave him a good Character. The Morning they were apprehended, he got Leave of his Master to go and bleed his Sister and Macdonnavin, but Macdonnavin having other Things in her Head, as he was bleeding his Sister she went out, and informed against them. The Constable with two or three Assistants, went and seized all their Implements, and some counterfeit Shillings made of mixed Metal, Pewter, &c. Upon this they were carried before a Justice, who committed them all to Newgate , and on their Trials were convicted of their Crime. He was not clear in his Confessions, and was unwilling to own the Crime in all the Circumstances as Macdonnavin swore against him; yet he could not deny his Knowledge of their Practices, and that he had disposed of their Money. He said that he had not been very wicked in the preceeding Course of his Life, and behaved well; but he seemed too indifferent, and not duly affected with his deplorable Condition. He declared himself penitent for all the Sins of his Life, and promised to use all Diligence, by the Grace of God, to work out his Souls Salvation. His Sister Judith was mightily troubled at her being the sole Cause of his Misfortunes. He declared his Faith in Christ, that he repented of all his Sins, and forgave all Men, as he expected Forgiveness from God. John Toon and Edward Blastock , were indicted for assaulting Edward Seabrook on the King's Highway, putting him in Fear, &c. and taking from him a Silver Watch, value 5 l. and 16 s. in Money, Feb. 27. 3. Edward Blastock , 27 Years of Age, born in Yorkshire , of honest Parents, who educated him at School to Read, Write, and cast Accompts for Business; and instructed him in the Christian Religion. When of Age he was put out Apprentice to a Barber and Perriwig-maker , and served some Part of his Time carefully and honestly. While in the Country he was always honest, and lived by his Employment, and afterwards came to Town, followed his Business, and wanted for nothing: He married a Wife, who came often to see him, and by whom he had two fine Children; he fell Sick, and continued bad for a long Time, and to that he imputed his future Misfortunes; for being like to starve, and having nothing to supply himself, his Wife and Family, and void of Patience, to take all as from the Hands of a gracious God, and to wait his Time of Deliverance, he too listen'd to the bad Counsels of his Partner and Fellow-Sufferer, who was idle and vicious, and who had married Blastock's Wife's Sister. This occasioned an Intimacy between them, and Toon advised Blastock to go out with him upon the Highway, which Counsel he had not Grace to resist. In Pursuance of this Resolution, on the 27th of February last, they robb'd Mr. Seabrook, going from Muzzel-Hill to Highgate , of his Watch, and 16 or 18 Shillings in Silver; this being done, they then dismounted him, and turn'd his Horse a grazing. Then they rode towards London ; Mr. Seabrook's Horse seeing them, follow'd them without his Rider, and they hearing a Horse follow them, imagined they were pursued; they therefore dismounted, and left their Horses, which were carried to Highgate with Mr. Seabrook's, where he making Oath of the Robbery before Sir John Austin , recovered his own Horse again; this proved the Occasion of discovering the Robbers. Toon and Blastock came to Town on Foot, and in two or three Days Time, Toon being apprehended, informed against his Brother; but his Information was not received, there being sufficient Proof to convict them both. Blastock had been both Apprentice, Journeyman and Master in a Shop in the Temple ; but wanting Experience, and falling into too much Company, he was soon reduced to Straits and Distress. When I first spoke to him, he was not willing to make any Discovery, but always endeavoured to divert me from expecting an Answer. On Wednesday the 3d of May, upon some Words between Toon and Blastock's Wife, he attempted to strike her, which Blastock understanding, reprimanded and threatened Toon very sharply,-blaming him for his Misfortunes, and telling him withal, if it were not for his present Circumstances, which obliged him to refrain from Passion, he would trample him under his Feet, as an insignificant, worthless Wretch: This frightened Toon into Silence. Upon Monday, the 22d of May, the Brothers in Law took the Sacrament together privately, in a very devout Manner, both of them, especially Blastock, who cried most bitterly, and in token of perfect Reconciliation, embraced Toon in a friendly Manner. Blastock was inconsolable, on Account of his Wife and two Children; but he was told, that God is a Husband to the Widow, and a Father to the Fatherless. He once had a good Character, and had been trusted with Things of great Value. He confessed himself to have been too much addicted to Company, Drinking, Swearing, and other Vices, and expressed a strong Confidence of God's Mercy through Christ. At first he only acknowledged the one Robbery he was convicted of, but after the Report was made, and he had no further Hopes of Life, he owned two more, which he said were all the Robberies he had committed. He often owned that he was a very great Sinner, ut hoped that God would forgive him. He believed in Christ; sincerely repented of all his Sins; and died in Peace with all the World. Joseph Golding , was indicted (with John Markham and James Daws , not taken) for assaulting William Burroughs in a certain Street, in the Parish of St. Stephen, Coleman-street , putting him in Fear, &c. and taking from him a Silver Watch, value 30 s. a Silk String, value 2 d. a Bath-metal Seal, value 3 d. a Penknife, value 1 s. a Horn Whistle tipp'd with Silver, value 1 s. a Tobacco-stopper, value 2 d. a Piece of old Coin, value 6 d. and 11 Shillings in Money, November 6. 4. Joseph Golding , 20 Years of Age, was born of honest Parents in Town, who brought him up to Business; for when he was of Age, he was put Apprentice to a Goldsmith , in Old-Street-Square , and serv'd most of his Time honestly, and with Approbation, as his Master gave in Evidence upon his Trial. But of late falling into bad Company, they hurried him on to Destruction; after he had left his Master's Service, he work'd with another Silversmith for some Time, but could not keep from his Associates; by this Means he lost his Character, and not knowing what to do, he intended, when his Time was out, to list himself as a Trooper; but fearing a Discovery before that could be done, he sold himself for a seven Years Soldier to the East-Indies, and being provided for his long Voyage, the very Day he design'd to go on Board the Ship, fearing to be taken, he surrender'd himself for an Evidence; but Richard Swift , who was Evidence against him, was prefer'd. He declared that James Daws and John Markham were also concern'd in the Robbery of Mr. Burroughs, tho' one of them was tried for it, and acquitted. While he was under Sentence, he was very sick of the Prison Disease, and was not able to speak; but in a few Days he recovered to a tolerable State of Health, and attended constantly in Chapel, tho' he was a very profane, unthinking Hearer; for he could not abstain from laughing, and from discomposing the rest; whose natural Dispositions were no better than his own. On Tuesday the 2d of May, I was obliged to reprove him very sharply, and represent unto him the very dangerous Condition he was in, being upon the very Brink of Eternity; and the Keepers were forced to threaten him with Punishment, to keep him in order. He promised a more agreeable Behaviour, yet upon Friday Afternoon, the 5th of May, he in like Manner misbehaved again. And Philip Murray , Ifield, and Margets, interrupted the Service, and being exhorted for God's Sake, for their Souls Sake, to think upon their Ways, and what a great Work they had in Hand, and threaten'd to be dealt with more harshly, they composed themselves. At another Time Blastock complain'd, that he was so turbulent, that it was not possible to do their Duty while he behaved so ridiculously; and indeed he was a foolish, unthinking Fellow. He declared his Faith in Christ; that he repented of all his Sins; and died in Peace with all Men. William Lawrence , of St. Clement's-Danes , was indicted for unlawfully and feloniously procuring John Davison , alias David Birk , a Subject of our Lord the King, to enlist and enter in the Service of the King of Prussia, as a Soldier , without Leave from our Lord the King, under his Sign Manual first had and obtained, in Contempt of the King and his Laws, &c. April the 1st, and afterwards, on the said 1st of April, for unlawfully hiring and retaining the said Davison, alias Birk, a Subject of our Lord the King, with intent to cause him to enlist and enter himself to serve the King of Prussia, a foreign Prince, as a Soldier , without Leave from our Lord the King, under his Sign Manual, &c. He was a second Time indicted for unlawfully and feloniously procuring John White , a Subject of our Lord the King, to enlist and enter in the Service of the King of Prussia - as above, April the 1st, and afterwards, on the said 1st of April, for unlawfully and feloniously hiring and retaining the said White, &c. 5. William Lawrence , 30 Years of Age, born of honest Parents in Shropshire ; he was put to a Taylor , and served his Time honestly; afterwards he lived by his Trade for some Time, then he came to London , and worked Journeywork; here he got him a Wife, and had several Children, one of whom is now living; for some Time he lived in the Parish of St. Clement's-Danes ; but growing weary of Business, he thought upon another Way of Life. A Friend or Relation in Town, who deals in Callimancoes, agreed with him to trust him with considerable Parcels of these Stuffs, and he was to carry them to Hamburgh , where he was to dispose of them to the best Advantage, and at his Return to pay the Merchant; this, as he affirmed, was his Manner of Life for some Time past, and the Way in which he maintained his Wife and Family; this brought him into the Method of hiring Men, and landing them at Hamburgh , for the Prussian Service . He would by no Means acknowledge the Secret of his being employed to enlist tall Men for foreign Service, or who it was that employed him, or what was to be his Reward for such Service; but that he was privy to the Design of the two Soldiers, Davison, alias Birk, and White, going to Hamburgh , and entering into the Service of the King of Prussia, he could not deny; but said, he was guilty of the highest Imprudence, in giving two Notes of Hand, signed by himself, and written with his own Hand, for 10 l. each. He alledged, that Snae, or Sonnet, one of the chief Evidences, was jealous of his Wife's keeping Company with him, and therefore he swore Revenge upon him at any Rate; though he often and solemnly declared, that there was no real Ground for any such Surmize. This Woman appeared in his Favour on the Trial, and frequently visited him while under Sentence. He lamented much for his Wife and Child, and at all Times appeared with a great deal of Decency, Christian Humility, and Submission to the Will of God. He believed in Christ, the Son of God, and only Saviour of Sinners; he was penitent, and wept over all the Sins of his Life; and he forgave every Body, as he expected Forgiveness from God. John Margets , and William Ifield , were indicted for assaulting Isabel Coates , on the King's Highway, putting her in Fear, and taking from her a Hoop-Petticoat, value 2 s. 6 d. December 27. They were a second Time indicted for breaking and entering the Dwelling-House of Samuel Puden , about Two in the Night, and stealing three holland Shirts, value 12 s. four Shirts, value 10 s. two Aprons, value 2 s. a Diaper Clout, value 6 d. a Linnen Handkerchief, value 6 d. and a Loin of Veal, and other Things, December 24. 6. John Margets , was about 19 Years of Age, his Father was a Taylor, in Southwark , and his mean Condition made him neglect the Education of his Children. This Son was bound to a Waterman in Horsley-Down , and he served him 4 Years; but then his Master dying, left his Business and Affairs to be managed by his House-Keeper, whom Margets first robbed, and then left her Service, taking up his hiding Place at Ifield's Mother's House, and becoming great with her Daughter, who was married to a young Tradesman in Town, he was on that Account obliged to abscond, and accordingly he went as a Soldier to Gibraltar . Having contracted an Acquaintance with Ifield, while he was at his Mother's House, when he returned from Gibraltar , they renewed it, and agreed to seek their Fortune together. Upon Thursday Morning, the 20th of April, he laughed and discomposed the rest, and being sharply reproved and threatned, he made fair Promises not to do so again, blaming Golding for all his Miscarriage. He confessed that he had been very wicked, and had been guilty of all manner of Vices: When he saw himself included in the Dead-Warrant, he grew more serious, wept much, and declared his Resolution of new Obedience. He believed in Christ his Saviour; repented of his Sins; and died in Peace with all Men. 7. William Ifield , was about 19 Years of Age, born in London , of mean Parents, who gave him no Education; he could neither read nor write, and was entirely void of all Sense of Religion. He had a Defect in one of his Eyes, which he said was the Reason his Friends would not trouble him with Learning. He was never put to any Trade, or Business; but as soon as he was able, he drove Carmen's Horses , or ran of Errands . His being entirely ignorant of Religion and Duty, made him very easily to be led aside by his Companion Margets; but yet he was not so compleatly finished in Wickedness as the other. And when all Hopes of Life were gone, he began to think seriously upon Eternity. He confessed the two Robberies, as proved against them, that he had been a most vicious unthinking Wretch, and that his Punishments were most justly inflicted upon. I endeavoured to instruct both him and his Companion, who were grosly ignorant; but they had been so accustomed to Stupidity and Unthoughtfulness, that they could attain but to little Knowledge. He repented of his Sins; believed in Christ his Saviour; and died in Peace with all Men. 8. John Toon , 24 Years of Age, was born of honest, reputable Parents in Town. He had had a good Education; when of Age he was put to an Ironmonger , and served about four Years of his Time, though he was of a cross, vicious Temper, and loved not to be confined to Business, yet he lived by his Trade for some Time; but being of an unsettled Disposition, he could not keep himself within Bounds, but joined himself to the worst of Company. He married a Woman, Sister to the Wife of Edward Blastock , which occasioned a Familiarity betwixt the Brothers-in-Law, and being both Men of desperate Fortunes, he persuaded Bla stock to go with him on the Highway: He agreed, and they were both of them taken up and suffered from the same Fact. Toon was a very wild, extravagant Youth, sometimes he lived in the City with some of his Friends, and worked at his Business; at other Times he took Lodgings toward the other End of the Town, and lived upon what he could plunder from others. At first he would own no more than the Robbery of which he was convicted; but when all Hopes of Life were gone, he confessed that he had committed a great Number of Robberies, and that he had been too much engaged in those Courses. He was very averse to make any Confession, and when I first spoke to him, he would scarce hear or speak any Thing, but ran abruptly out of the Closet down Stairs, though at other Times he behaved well, and at Prayers and Exhortations he behaved with too much Indifference and Hard-heartedness. I reproved him sharply for cursing and swearing at Mrs. Blastock, his Sister-in-Law, and at another Time for crying out and swearing from the Cell Window, when there was no Occasion for it. He acknowledged his Fault, begg'd Pardon of God and Man, and faithfully promised not to do the like in Time to come. He acknowledged that he was a very profligate disgraceful Person, but hoped that God would have Mercy on his poor Soul. He believed in our Saviour Christ, as the Son of God, and only Saviour of Sinners. He declared himself penitent for all, but particularly the heinous scandalous Sins of his Life, for which he died; he forgave all Injuries, as he expected Forgiveness from God. At the PLACE of EXECUTION. ABOUT nine o'Clock, in the Morning they were brought out of Newgate, and convey'd to Tyburn in two Carts, viz. Goulding, Ifield, and Margets, in the first Cart: Mr. Blastock the Highwayman, and Lawrence, for inlisting Men into Foreign Service, in the second Cart: Tinman and Murray were drawn on a Sledge for Coining: Mr. Toon went in a Mourning Coach, attended by a Clergyman belonging to Cripplegate Parish; he and Mr. Blastock having two Hearses to attend their Bodies. When they came to the Place of Execution, those who came in the first Cart were immediately tyed up; those who came in the second Cart were tyed up next, and after them the two Coiners; then Mr. Toon who came in a Mourning Coach was brought into the Cart, and as the Executioner was fastening his Halter, he desired him to tye him as nigh as he could conveniently to his Brother-in-law, Mr. Blastock. As soon as he was tyed up, he kissed his Brother-in-law, and desired that he might dye in Peace with him and all the World. Before the Cart drew off, I prayed by them for a considerable Time. Mr. Blastock behaved with the utmost Calmness and serenity of Mind; and they all appeared very devout and serious both at Prayers and singing of Psalms: Murray and Tinman were of the Romish Communion . Ifield acknowledged, that he and Marget's had committed a great many Robberies. After I had left them, they desir'd the Clergyman who went with Mr. Toon, to pray by them, which he did for some Time; and just before the Cart drew away, Mr. Toon once more saluted Mr. Blastock. They all went off the Stage, Praying to God for Mercy, and cried to the Lord Jesus Christ to receive their Spirits. N. B. As soon as Mr. Toon and Mr. Blastock were cut down, their Bodies were deliver'd to their Friends, and were conveyed to their Hearses, which were there waiting to receive them, in order to their being Interred. Mr. Toon was buried the same Day at Pancrass , and Mr. Blastock was brought to London in order for his Interment; as was also, Goulding and Tinman in one Grave; Murray was buried the same Day at Cripplegate . This is all the Account given by me, JAMES GUTHRIE , Ordinary of Newgate . APPENDIX. The following is an Account which Mr. EDWARD BLASTOCK wrote in his Cell after Sentence; and gave it to a Friend at the Place of Execution. EDWARD BLASTOCK , who was condemn'd for robbing Mr. Seabrook, on the Highway, between Highgate and Muzzle Hill , of a silver Watch, and sixteen Shillings in Money, do think it proper to let the World know, how eacherously I have been used, and how I was deluded into this Robbery. And let my sad Example be a Warning to other young Men, to be careful how they trust their Lives in the Hands of the nearest Relations, (and supposed Friends) and never be tempted with Oaths, of Secrecy and Truth, to do a Thing that may prove to your Disadvantage afterwards; for there is not now a days one honest Friend or Companion in a hundred, I am sure by woeful Experience I have found it so, and for that Reason I think it a Duty incumbent upon me, to have my unhappy Misfortune made publick, for the general Good of Mankind; but more especially those, who bas the Misfortune to be steep in Poverty, and find a Hardship in Life in supporting their Families honestly, to advise them never to despair like me, and bring yourselves into the melancholy Condition, and your Relations and Friends into the Shame and Disgrace that I have done; tho' I hope no one for my suffering a shameful Death, will be so inhuman to reflect upon my unhappy Wife and Children, nor on any of my Relations; for why should they suffer for another Man's Crimes and Follies; but still endeavour honestly to support yourselves, and tho' you may find it hard to live, yet when that supreme Judge, who knows all the Secrets of Men, finds your Inclination to be soberly and honestly inclin'd, he will, in some unexpected Manner, provide for all them that put their Trust in him. But now to introduce my unhappy Story, I have not at this present, Time enough to waste, to mention the Particulars of my Life, or if I had, I don't think it proper for any Man's private Affairs to be inserted, unless they wou'd be useful to the Reader; therefore I shall only say: That I was born at a Place called Sheffield , in Yorkshire , of honest and creditable Parents, who always used me with the greatest Indulgence, and gave me a liberal Education, and I was brought up to London about 10 Years of Age, and was put Apprentice to one Mr. Russel, a Perriwig Maker , in the Temple , where I served five Years of my Time, in so good a Manner, that upon my Master's dying, and my Mistress leaving off Trade, the Gentlemen told her, that as I behav'd in so obliging a Manner, that they would leave the Shop, if she wou'd nbt let me have it, and at that Time she was to have Threescore Pound Good-will for her Customers; so for a Sum of Money, she was oblig'd to give me my Time; but I did not care to venture upon the House and Shop, by Reason of the Rent, for it went at fifty Pounds a Year, and only one Story high, so I did not care for venturing too much, for fear of involving myself But being so very young, I thought it not proper to launch out too deep at first; for when I began the World for myself, I was but little more than seventeen Years of Age, so I proposed to take Rooms in White-Fryers , till such Time as a Shop more convenient might offer for me, and in this Manner I met with such Encouragement, as might have been the making of any solid Man. But being kept so strict during my Apprenticeship, and having my Liberty all at once, and so much Indulgence from all my Customers, that it quite ruin'd me; for if I could have the Happiness to have behaved in the same Manner, when I was for myself, as I did when I was an Apprentice, I might have saved in a few Years, a moderate Fortune for my Wife and Children; but on the contrary, keeping too much Company, and taking too much Pleasure in Life, made me forget myself, neglect my Business, and thereby affront the best Friends I had in the World; and instead of saving Money, run behind Hand. And in short, in four or five Years I left the Business quite off, by Reason I had made my Friends my Enemies, and therefore could not get Bread to support my Family. Now as this was my great Misfortune, to slight so great an Opportunity, of Life, I thought it proper to let it be known, hoping it might save others who may have the same Opportunity from falling into the same Misfortune that I have done, and I hope my Misconduct may prove advantageous to others; and take this Advice from me: Let every Man in Trade be careful of disobliging their Friends and Benefactors by their Carelessness, for a Friend is soon lost, but not so soon recover'd again. I speak this by woeful Experience, having disobliged one of the best of Friends and Masters, who was so good to offer a Maintenance for Life, since my Business fail'd, and still I was so unhappy to refuse it, thinking I could do better, but I found my Error, when it was too late; and for some Years past, to support my Family, I have got my Bread in the Capacity of a PLAYER, travelling the Countries, and by God's great Providence have supported my Family, without injuring any Man, till this late Act of Parliament was made. Exposed to many Dangers, and as my Family was large, I thought it more secure to come to Town, and seek my Bread in, and accordingly came to Town in December last; and the Season being far spent at both the Play-Houses, I thought it wou'd be of no Purpose to make my Application there, and having laid by my Trade for some Time, them that was my Acquaintance told me, it was impossible for me to stick to my Business now; so in short, found all Attempts frustrated, so with this ill Success, and some other Afflictions together, it threw me into a Fit of Sickness, which render'd me incapable of doing any Thing for my poor Wife and Children. But I should have told the Reader, that for about six Months before I came to Town, that Toone, my Brother-in-Law, used to come frequently into the Country to see me, and told me his Way of Living; shewing me several Things of Value, which he had got upon the Road; and wou'd often say, I had no Heart, or else I wou'd bear him Company; but so far from complying with his Proposals, that I advis'd him to desist from such vile Practices, and told him how many Dangers he was exposed to, and what the Consequence wou'd be. So when he found I did not like his Proceedings, then he waved the Discourse; and sometimes I had Business in Town, and then I us'd to go and see my Brother-in-Law and his Wife, and after some Discourse, they both wou'd never fail telling me what Success he had; and that if I would agree to go with him, we might make ourselves. But I always told them, that as long as I could support my Family honestly, I wou'd never do any such Thing; nor they never could prevail upon me to do any such Thing, till I came to Town for good; where having lain long sick, and being out of all manner of Business, which oblig'd my poor Wife to make away with all our Things to subsist with; nay, at last, we was reduced so low, that I often used to take a Book of Three-pence or Four-pence Value, to sell to buy Bread for us and our Children; during which Misery, this Toone, my Brother-in-Law, used often to come and see me, telling me, that two Men might make a Booty that would put me into a way of Business to do for myself; to which evil Council, and the Extremity I then suffer'd, and hoping to get a Sum to put me in a Way to support my unhappy Wife and Children from starving; with dreadful Imprecations on both Sides, never to tell of each other, if either should be taken, I gave Consent to make the fatal Trial, and so he gave me Money to hire two Horses, which I did, and on Saturday the 25th of February, about 12 o'Clock, we took Horse at the White-Swan in White-Cross-Stree t, and so took to Epping-Forest , and there we rid about till three o'Clock, before we saw any Thing offer, and then meeting a Gentleman's Chariot, we agreed to stop it; so rode up to the Coachman, and bid him stand; there was in the Coach an old Gentleman, and, as he told us, his Servant; we demanded his Money; he told us we was come at a bad Time, for that he was unprovided for us; that he had nothing but some Silver, and a Pocket-Piece, which Toone took from him; the Gentleman begg'd for his Pocket-piece, but Toone told him, that as he had no more, he should not return back any Thing; so bidding him good bye, we left the Forest and came for London . As we came along, I ask'd him what he had got? So he pull'd the Money out of his Pocket, and told it, I think it was twelve Shillings, and the Pocket-Piece; so having got so small a Booty, I propos'd to stop something else, for that would hardly defray our Expences: But he said we had better stay till the next Day, which was Sunday, for that he knew where he could have a good Booty, some where about Upton . So very uneasy in my Mind I came Home that Night, thinking to myself that a Highwayman run great Dangers for little Profit. So men we set out of Sunday for the Forest again, and instead of the great Booty we was to have had, going over Hackney-Marsh , Toone's Horse and himself was both up to their Necks, stuck last in a Slough, so that Man and Horse was in such a dirty Condition, that we was disappointed the second Time. Tho' notwithstanding the ill Success we had, if we could have met any Person worth robbing, we should have done it: So as we came Home bewailing our bad Success, we agreed to go out the third and last Time, which was on Monday the 27th of February, being my Brother-in-Law Toone's Birth-Day; so we set out about Monday Noon, and nothing answer'd till we met with this Mr. Seabrook, so riing up to him, we demanded his Money; but he being surpriz'd, and not readily complying with our Requests, my Brother said, he would shoot him dead; at which saying, he pull'd out about eighteen Shillings in Silver, and said it was all he had, and half a Crown fell into the Cart-rut, which Toone got off his Horse to look for; but could not find it; the mean while I pull'd off his Horse's Bridle, and turn'd him loose; Mr. Seabrook all the while crying, God bless you Gentlemen, you are welcome to it. Then my Brother asked him if he had got a Watch? And he said Yes, which Toone took from him; and when he gave us the Watch, he also said, God bless you Gentlemen, you are very welcome to it; so bidding him farewel, we rode towards Highgate; and it happen'd to be all up Hill, that galloping our Horses for half a Mile they tir'd, and I turning my Head to look behind me, heard something gallop after us; and in the Fright thought we had been pursued, and our Horses being so exceeding bad, I cry'd out, I'll quit my Horse, and accordingly did so, and he also; and we made our Way thro' a Farmers Yard into Highgate Town , so got into the back Lane, between Highgate and Hampstead , and made our way on Foot over the Fields, and so got safe Home; where, after a little resting, I began to rejoice within myself, to think what Danger I had been in, and how well I had escaped, and tho' we made but a small Booty, yet I made a Resolution never to go again; and all my Concern was then about the Horses we had hir'd; for the Man being very civil to us, when we hir'd them, which made me very uneasy. So with what Money I got, I bought some few Things, to equipt me for a Country Life, and in about three Days after the Robbery was committed, we took our Leaves of each other, making many Oaths and Protestations of Sincerity; whose Lot soever it should be to be first taken, never to discover his Companion. So on Thursday we parted, and I went down to one Mr. Dymer's Company of Comedians at Chatham in Kent , with whom I had travell'd before; and I had not been there three Days, before I saw in the Papers, that my Brother was taken; so taking my Leave of Mr. Dymer and Company, I resolv'd with myself to go to London , to take my Leave of my unhappy Family, till such Time as Things was all easy. So coming to London from Gravesend by Water, on Monday Evening I got to my Lodging about One o'Clock in the Morning; where calling for my Wife in the Street, she open'd the Window, and when she found I was below, the poor Soul in her Fright went and open'd the Yard Door, instead of the Street, but finding her Mistake came and let me in; but her Surprize was so great to see me, that she could scarce walk up Stairs again, and when we came into the Room, I found my Brother's Wife in Bed with mine. So they both began to tell me that her Husband was taken, and shew'd all the Concern in the World for my Safety. So the false Creature spoke me so fair, that really I could not tell whether she or my Wife was most my Friend. But my poor Wife being in great Concern for me, would have me gone away again directly; but her Sister persuaded me and her, that I was safe enough there, till the following Evening; so with great grieving on all Sides, I lay down till Morning; so getting up in the Morning, this ungenerous Creature seem'd more concern'd for me how I should make my Escape, and shed a many crockadile Tears for me, as she pretended; but as it proved afterwards, it was for fear I should get away. So she pretended she must go and see her Husband, and I gave her Charge not to say any Thing about me, and with many Protestations, she swore she would not, and accordingly came Home again about One o'Clock, and took no Notice; but kept crying over me all the Day, and wishing the Night was come that I might go: So we agreed to have a Bit of something got for our Suppers, to be merry at parting; but she said, she had told John her Husband that she would call again at Four o'Clock, but did not intend to stay with him. Now my Wife and I never mistrusted her ungenerous Proceedings, not thinking she could be so base as to betray me. Goes to a Justice of the Peace, and Toone's Brother, and in that Manner had me taken, and came and shew'd them the Door where I liv'd, and when they knock'd at my Chamber Door, I had two Friends in the Room with me and my Wife, asking their Advice what to do in this unhappy Affair; and upon their knocking at the Door, I mistrusted something, and went and hid myself in a Closet in the Room; so my Wife open'd the Door, whereupon a Relation of Toone's hold upon one of my Friends, who was much such another Man as I was describ'd; saying, Sir, you are a dead Man, and that he must go along with them; that so frighted my Friend, that he told them he was not the Man; so then they seiz'd the other, who was not five Foot high, and he likewise told them he was not the Man; now, if they had but gone along with them, I might in the mean Time gone off. But my unhappy Fate was otherwise decreed, by that all-wise and mighty Power above; so looking about the Room, they spy'd this Closet, so Toone's Relation cries out, What Place is that? And thereupon opens the Door, and seeing me, in great Surprize calls out to the rest, here's a Man, and having a drawn Dagger in his Hand, cry'd out, if you offer to stir you are a dead Man; so having no Weapon about me to make my Defence, my two Friends look'd tamely on, and let them take me; one of the Persons who took me, look'd at my Legs, and said he was sure I was the Man, for the Person had describ'd my Stockings, which was white. Diamond-cut, and cry'd out, bring him along; so I said, Gentlemen, give me Leave to kiss my poor Wife and Children, which the Constable not refusing, I did; and then came away, and went to the Castle-Tavern in Drury-Lane , where they began to ask me some Questions; but I begg'd them to forbear, telling them, I had nothing more to do now, but to trust to God's Providence; so they ask'd me, if there was not a Woman with me that Day, meaning Toone's Wife: I said, Yes; then they told me, that 'twas she that set me; which I could not believe: So then I ask'd them, Where I must go to? To Newgate , they said, which shock'd me very much, having never in my whole Life been confin'd in any Goal; I begg'd to go to New Prison, but the Justice refus'd me, saying, It was not proper for us to be together. So just as I was going, the Justice told me, If I had a worse Coat than that I had on, to send for it, for, says he, in all probability I might have that taken from me which I had on; so I very foolishly sends for the very Coat I did the Robbery in; so a Coach was call'd for, and taking my Leave of my worthy Friends, was order'd for Newgate ; and as we came along, the Constable confirm'd what he had told me before, saying, That it was my loving Sister had done all this for me; and that my Brother in-Law had given an Information against me. So when I came to Newgate , I was not sensible of my unhappy Condition; but this I must say, that I found a great deal of civil Behaviour from the Persons belong to the Goal, impossible for me to express; for they told me they was moved at my unhappy Circumstance, and for the first four or five Days of my Confinement, I was almost distracted; but afterwards, when I came to reason with myself, I thought the best Thing that I could do, was to prepare for another World, and make some Attonement to Almighty God for my mispent Life; and with the Help of good Books, I spent my Time till Sessions in a comfortable Manner, with the Assistance and Comfort I found from that most merciful God, who always hears the Prayers of those who put their Trust in him; and during my Confinement, this vile Wretch of a Sister, who betray'd me, came to see me two or three Times, telling me, To make me some amends, she would make her Husband save my Life; as she was sensible that my Dying could be of no Service to him; yet for all her Protestations of making me amends, I found afterwards that she came for nothing but to hear what I said; and about three or four Days before the Sessions, he gave another Information against two innocent Persons, and when the the Thief takers found they was impos’d on, they came to Newgate and told Him, that he was a Villain to impose on them. A Day or two before Sessions, my brother send me Word, That as he found my Life would do him no service, he was sorry for what he had done, and would do all that I should desire to serve me ; so when I was carried down to the Old Bailey there I saw him, which I had not done before, since we parred; whereupon he threw his Arms about my Neck crying, and kiss’d me, and repeated again, he was sorry for the injury he had done to me, and to make amends, would say any Thing I would have him. So some Friends of mine told him how he might save me, and with solemn promises he declar’d he would do it; so in this ungrateful Manner he prov’d false to the last moment. Nay, not above six Minutes before our Trial came on, he came to me again, nd before a whole yard full of People, threw is Arms about my neck, kiss’d me again, and crying all the while, with repeated Oaths, That he wou’d save me; which he might have done, by declaring that I was notthe Man; for his declaring before he was try’d, that I was noe the person, together with People I had to my Character, must have sav’d me ; and instead of that, the Moment he came before the judge, he pleaded GUILTY. And now I leave the World to judge, if I have not been most barbarously us’d on all Sides ; not that I pretend to excuse myself in the Thing I did; but as my Life could be of no Service to him, but might ave been a Warning to me for the future, I can’t see what could induce him to behave in the Manner he dod, which God forgive him, and every Body that has done me any Harm ; and I hope every Body will forgive me, that I have done any Injury to. I should not have made the Word acquainted with this unhappy Affair, but in hopes that my Misfourtunes might prevent some other young Men from falling into the Calamities ; and let my sad Example advise you in this Point, never let any Man in Trade be below his Business, or slight his Friends that will serve him. But purchase Wisdom at my Cost, and never refuse a good Opportunity, as by woeful Experience I have done. The next Thing is never to trust your Life in the Hands of the nearest Relation ; for Money will make your dearest Friend, your greatest Enemy ; and thirdl, never be tempted with Oaths and Protestations, to do any Thing you may be sorry for afterwards, for there is no Sincerity in idle Imprecations ; sooner take a Man’s Word alone, for those that will Swear, will Lie. Not but I believe there is a great many in the World who would suffer the worst of Deaths, sooner than betray their Trust. And what I have here declared, as I am a dead Man, I protest to God is true ; and here before God and the World, I freely forgive them, and die in Peace with all the World. And humbly implore Forgiveness of that merciful God, who has promis’d Pardon to all those that Repent, and I hope that I did my Endeavour while I was alive, during my Confinement, to make my Peace with God ; and hope, the Moment I leave this vexatious and painful Lige, thro’ the Merits of Jesus Christ, I hope my Soul will be receiv’d into everlasting Happiness. So I conclude with my Prayer for the Welfare of my poor unhappy Wife and Children, and all Relations, taking a long Farewel of this World, I humbly commit my Spirit into the Hands of him that gave me Being. The Following is an Account of the Robberies commited by John Toon . JOHN TOON , (one of the unhappy Subjects of these Papers) was born of crediatable reputable Parents, in Hog-Lane , in Shoreditch . His Father was a Dyer there, and his Brother now follows the same Business where this unfortunate Man wsa born. He was sent (at a proper Age) to a Boarding-school at East-Ham ; and no Expence was saved in his Education. After he had been some years at School, and all necessary Learning had been given him, both as a Gentleman and one that was to engage in Business, he was put Apprentice to one Mr. Burchet, an eminent Ironmonger in Foster-Lane , who had married his own Sister. He Liv’d with him about 3 or 4 Years, and in the Time having behaved to the Dissatisfaction of his Friends, he was sent to Sea with a Captain which they had procur’d to take him for a Term of Time, and with him he made two Voyages to Barbadoes ; then growing weary of that Sevice, he left the Captain, and took up his Adobe with his Uncle John Toon , a Master Carman ; here he behaved so well, that his Uncle, who dy’d some time ago, left between 3 and 400 l. He had no sooner got this Money into his Possession, but he married Blastock’s Wife’s Sister; Blastock was present at the Wedding, and gave her away. After the Marriage they lived together a considerable Time in an idle, extravagant, thoughtless manner, without considering the Money would not always last, and without entertaining a Thought of Business. When the Money was about half spent. Blastock (who was much the more reasonable and considerate Person of the two)advised hi,before his Money was quite exhausted, to buy him a Place in the Stamp-Office, or to go down in to some Country Town and take an Inn ; the latter Proposal was most agreeable to Toon, and accordingly he and Blastock, with both their Wives, went to Sheffield in Yorkshire . This was Blastock’s Accuaintane in the Town, and accordingly an agreeable Situation offering and accordingly an agreeable Situation offering for their Purpose (as they imagined) they opened a Publick Inn , and Manner of Life ; but both he and Blastock being too much inclined to Gaiety and Pleasure, and too little inclined to Business, they quickly found their Affairs there to be in a desperate Condition, and that their Continuance in the Place could not be long. The Want of Money, and the Sense of the bad Situation of Toon’s Affairs, occasioned Words between him and Blastock ; he reproached, Blastock with having been an Occasion of some extraordinary Expence to him ; and Blastock recriminated upon him, and laid open to him all his Follies. These mutual Upbraidings ended on their Separation ; Blastock came to London with his Wife, nd Toon, Immediately upon his leaving him, sold off all his Goods, and made away with every Thing that he had. So good Use they mafe of their Time at Sheffield , that the whole of Toon’s Stau there, did not exceed 4 Months. Upon breaking up house-keeping he and his Wife came to Towm, and now his Necessities put him upon taking illicit Courses. His Friends were disobliged, his Money was spent, his Wants were great, and how to supply them was the great and difficult Question. In this Distress, and with empty Pockets, he was one Day sauntring up cheapside, where he met his Brother the Dyer in Hog Lane ; they spoke to each other, but Toom easily perceived the Coolness and Indeffierency which his Brother shew’d him, and observing that he was going farther from Home, he resolved to take that Opportunity to go and see his Brother’s Wife. She received him very kindly, treated him with Wine, and made very much of him ; before he went away, he happened to go into the Dye-House, where observing a person to inspect the Work, he enquir’d of the Workmen who he was? They told him the Gentlemen was his Brother’s Book-Keeper ; this made his Resentment rife. He was assured that his Brother knew his Poverty and Distress, and he was well acquainted with his ill Success at Sheffield, and with his Capacity of serving him in the Quality of a Clerk, as he knew he could write a very good land, and understood Accompts perfectly well. He was Provoked that a Stranger should live genteely under him, while he, his own Brother, equally capable of serving him, was neglected and wanted Bread ; forgetting that the whole Course of his Behaviour had given sufficient Reason to all his Friends, and to those who knew him best, to avoid him. He resolved to supply his present Necessities at his Brother’s Expence before he left the House, and an Opportunity offered immediately, for returning from the Dye-House to his Sister in the Dinning-Room, She asked him to stay to Dinner, telling him his Brother would not dine at Home that Day. He thank’d her, and agreed to stay ; she told him he should be very welcome, and desired him to excuse her while she stepped up stairs to dress herself; while she was dressing herself, he resolv’d to put his Design in Execution, and accordingly he stripped the Beauset of 46 or 47 Ounces of Plate, which he carried out of the House immediately, and having melted it down, he sold it to one P-ce in Turn-again-Lane, for 5 Shillings and Three-Half-pence or Two-pence per Ounce. Having committed this Robbery upon his Brother, he knew all his Expectations of Relief from Relations, must cease, and looking upon himself as in a State of Enmity with all Mankind, he resolved to support himself with what he could plunder from them ; and no sooner was the Money gone which he had made of his Plate, but turned upon the Highway, and commited many Robberies upon the Epping Road. The first Time he went out he waited a considerable Time for a Booty, and rode backwads and forwards so often before any Opportunity offer’d, that both his Horse and himself were tired ; however, as he had no more than one penny in his Pocket, and his Neccessities press’d hard, he was resolv’d not to leave the Forrest till he had supply’d himself ; accordingly having got Sight of a Coach coming form Ld. Castlemain’s, between three and four in the Afternoon, he over-took it, and (with a bare Face and without any disguise) ordered the Coachman to stop, threatning to shoot him through the Head if he refused. Two Ladies who were in the Coach, were very much terrified upon being attack’d Pistol in Hand, but he endeavour’d to remove their Apprehensions of Danger and to pacify them, by assuring them that he would not hurt their Persons, but as he was an unfortunate young Man, and had spent his Forune, he must make bold with their Money, Watches and Rings. From one of them he took a Guinea, five shillings in Silver, and a Half Guinea, a Tweezer-case, and a Girdle-buckle set with Stones ; where they bid their Watches he could not tell, for he could find neither of them, tho’ he plainly saw their Equipages. When he had got what he could from them, he wished them a good Night, and well to Town, and was over-joy’d when he thought what a Booty he had got, resolving, as he had come safely off that Time, that he would never Turn out again. As soon as he got to Town he sent for a confident of his (with whom he had entrusted the Knowledge of his Design) the Contents of the Booty were examined, but to his great Mortification, the Tweezer-Case prov’d only Base-Metal, and the Stones in the GirdleBuckle were but Chrystal ; however, upon offering them to pawn he got five shillings for the Twezeer-Cases, Seven and Six-pence upon the Buckle. Necessity soon urg’d him to break thro’ his Resolution of not venturing again upon the Road, and in a very short Time he went out again to reconnitre the Epping Road , Where he stopp’d a single Man on Horseback and presenting his Pistol, demanded his Money ; the Gentleman very merrily desired him to put that nasty disagreeable Thing out of the Way, and he would give him what he had about him. He put up the Pistol at his Request, then the Gentleman gave him between 30 and 40 s. and sfter mutual Complements they parted. This Person he imagin’d was a Banker in Lombard-street. Another Time he robb’d one Mr. Currier, a Money-Scrivener (who is since dead) upon the same Road, of three Guineas. This Money he got with some Difficulty, for Mr. Currier, before he parted his Money, expostulated with him, telling him what Danger attended such Courses. He thanked him for his Advice, which he said was very good, and he was very sensible of his own Danger, therefore he must be the more expeditious, and must not trifle with him, for notwithstanding the Danger, Money he wanted, and Money he must have, and the Danger of the Course he was engaged in, obliged him to tell him, that is he was not quick in Delivering, he would shoot him through the Body. Upon his presenting the Piston, Mr, Currier gave him 3 Guineas, and he wished him a good Night, and rode off. Another Time he robbed a Gentleman on the same Road of his Money and a Gold Watch. The Watch he entrusted with his Friend P-ce, in Turn-again-Lane, to dispose of for him ; but it being advertised, and a handsome Reward offer’d, no Questions ask’d, Toon ordered Pce to carry the Watch according to the Directions in the Advertisement. He did so, and the Gentleman paid eight Guineas upon the Delivery of his Watch. P-ce returned to Toon with seven, telling chap. Toon told him ‘twas very well, and had so much Confidence in P-ce’s Honesty, that he entrusted him with the Disposal of all he got, till he found out that p-ce cheated him. For being again upon the same Road in Quest of Prey, and having spent a great many Hours without meeting a Booty, he turned in at Mr. Bays’s, the Green-Man at Epping-Forest , for some Refreshment. He sat in a Publick Room among a great deal of Company, and among the rest he observed the Footman who was behind he Coach when the robb’d his Masters of the Gold Watch. Some People in the Room were talking of Robberies lately committed in that Road ; upon which the Footman gave an exact Account of this very Robberu, and of what his Master had lost ; but, says he, my Master has got his Watch again (which Toon knew very well) for (says he) my Master advertised it, and a Man brought it to him again, and delivered it to him, upon his paying 8 Guineas. Toon hearing this, took the first Opportunity to reproach P-ce with Sishonesty, and this was the Occasion of his disposing of what he got in another Manner for the future. The day he robb’d Mr. Seabrook was his Birth Day : He was then just 24 Years old, and something occurr’d to his Mind, which made him resolve not to ride out that Day ; and accordingly he made some bitter Protestations at Home that he would not. But before Evening he alter’d his Mind, and having prevail’d upon Blastock to accompany him, they both set out and robbed him in the manner set forth on their Trials : Imagining they were pursued, they quitted their Horses, and came to Town on Foot, where they are at a Loss how to dispose of the watch, being apprehensive it might be an Occasion of discovering them. Blastock who was but a Novice in these Courses, told him he was suprized, he who had dealt so frequently that Way, should be at a Loss to dispose of a Watch. Toon told him, that Business always had been done by P-ce, but as he had cheated him of a Guinea, he was resolved never to trust him again; however he remembered there was a Friend of his in Baldwin-Gardens whom he had sometimes dealt with himself, and he would carry it to him, and see what could be done there. Accordingly they both went, and found the Man at Home : Toon went in with the Watch, while Blastock waited at the Door; but as the Man knew how he came by such Things, he never offer’d half the worth of what was brought to him, and this Occasion they could not upon the Price. Blastock was discouraged by these Difficulties, in turning Goods in to Money, but Toon encouraged him, and told him he had another Friend to try still. They went to him, and offered him the Watch ; he at once offered 2 Guineas, which were taken, and were immediately parted between them. The next day the Watch was advertised, and the Man who bought it went to Seabrook, and informed him he had bought the Watch of one Toon, and he could assist him in finding him out. By this means he was taken and carried to New-Prison , where he remained a few Days, then was removed to Newgate , and put in the Old Condemned-Hole. In the mean Time, Blastock with his Guinea fetched his Cloaths out of Pawn, and went directly to Chatham in Kent , where he joined himself to Mr. Dymere’s Company os Stroling Actors , with whom he had not been long before he heard of Toon’s being taken up for the Robbery in which he had been engaged with him ; upon which he immediately took his Leave of MR. Dymer, and got safe to his Lodgings in London about One o’Clock in the Morning; the next Day between 5 and 6 he was taken in his Room, and carried him before Justice Chamberlain, who commtitted him to Newgate . Being both convicted together, they were after Sentence put together in the same Cell, but they were afterwards parted at Blacstock’s Request, and Toon was remov’d into the Cell where Lawrence was confined, and Goulding was placed with Blastock, with whom he remained till they were carried out to Execution. The following is an exact Copy of LETTER sent by Lawrence to Colonel after his Condenmation. Most Honorable Collinel. I now being under Sentence of Deth in the Sells of Nugate , I think proper to discharge my Contiance both to God and Man, and I cannot live (leave) this World till I do, and if you pleas to looke over this Riting you shall hear the Truth as I am to answer at the Great Dy of Judgement, and do define to take the Sacrement upon it in litle. Time, that what I incert hear is the whle Truth, and I will have it published in publick throut all England, that they swore against me out of Spite. Sir, about three Quarters of a Year agoe, I yoused to go to Sentos House very much, and the Reson that I whent so often there was, that I had a great Value for the Woman that goes for his Wife, altho’ she is none of his Wife at all, for he has a Wife in Ierland, so he yoused to be very intemate with me, and at that Time I had been onst at Hamborg, and my delings there is in Damask and Celmancos, and Camlets, and Camlettees, and the Persons that I dele with there, is one Romize a Ducthman, and one Hutchinson a Scotchman, and others too tedious to mention, and this Senit, nowing that I delt there, he tould me that he had an Accoyntance in that Contry, and he tould me that his Name was Dixon, and he said that there was Money dew to him there, and I asked him for wot was it, and he tould me that one Bourk and he had sent two os the Gards from our King’s Gards to the King of Prusbes Gards, and that Dixon owed him Money on that Account, and he tould me that one White had a Mind to settle in Prusha, and one Burk. I knew nothing them then, but Senot made mw acquainted with the Methos of doing this Business, and so I spoke to the Captain and tould him I would answer for there Pasage, and make him recompence for it. And the next Day came While and Burk to Senot’s House, and they began to talk about going to Prusba, and I tould them I had spoke to the Captain about them. And then a litle Time afterward Sonet whent upon a Party to Windsor, and I went to Hamborg with my Goods that I mentioned before, and brought home Linning and Hamborg Yarn with me back, and when I came, the litle Woman that I loved, that’s called Senot’s Wife, asked me to give him two Shirts, which I did, and then I asked him what he would do about the Men, and I promised that I would spake to the Captain again to let them have their Pasige, and I vow to God, that is all the Hand I had in it, and then I yoused to see them very often at Senot’s House, and get something for their Dinners, and sometimes they would bring a Joint themselves, and I would dine with them, and as I dined with them I would have Drink; I have often quarrelled with Burk, and bid him, so I made my self easey, and about 5 Weeks ago this Senot’s Wife which I loved, said out two Nites from Home, and when she whent Home he beat her and called her my Whore, and said she had lay with me those 2 Nites, and he whent and tould Bourk and several Peple besides, and he and Bourk whent to Lawyer about it, and he tould him he could have no Satisfaction of me, unless he can prove it, which he could not, and I was afraid that he would runme thro’ the Body with his Sord. Soe some Time after he coms to me, now sais he to me, I am come to make all Quarills up with you, and will be good Friends, and he said O must doe one Favor for him, which I did, and so the Time drew nigh that he was to go in the same Ship that I went in, he asked me to give White and Bourk each of them a Note, and he said they would not go without they had it from my Hand, and for all Quarils being made up, I gave them the Notes, and that made me pu om the Notes that it was there one Order, and so Senot swore against me for Revenge about his Wife, and as for the Close, I did not see them till they were upon there Backs. All that I have said hear is the whole Truth of the trance actions os thease People; but I put my trust in God that he will not punish the inocent, and it was all there one Desier to go Abroad, and they were all three to go together if this Senots Wife would have with them, and she would not, and still made the Man have more Malis agaisnt me, but God will judge them all in Time. I whant no Favors at all from Man, but from God I hope I shall have it. I hope you will pardon me for troubling you, but bit has made me easy in my Mind, and I am willing to die, if it was ot Morow Morning, Your humble Servant, William Lawrence . Copy of a Letter sent by William Lawrence to his Father the Day before his Execution. Honered Father, Do not be surprised at the Melankoly Neues this Letter brings you. I hope as you have had so long knolege of my Confiment, you have in this Time endered to reconcile yourself to the hearing the worst that can besal me. I write this to let you know that to Morow Morning I am to die, and as to this World I shall be no more. I am not ashamed to die, nor need you, for ‘tis for no less a Man than the King of Prusha ; I am to be executed for enlifting Men for the King of Prushas Servis, therefore I beg you will not take it to Hart, tho’ mine is so full I can’t tell how to right all that I would, but my wife will let you noe in her Letter very fully how every Thing was. Dear and tender harted Father, I must see you no more in this World, I hope to see you in Heaven, and that all our Sorrow will end here, my Love to all my brothers and Sisters, I hope that God will bless both you and them when I am dead and gon. I die in Charity with all the World, Which is all from Your dutiful and loving Son (as was) William Lawrence . Councell at the leving this World, to be given to Frends in this World ; writen by WILLIAM LAWRENCE , now Prisoner in the Sells of Nugate . Cayn’d, Heaven, with an Ey of Pity see, My depe Distress, My dreadfull Misery.Behold my Sorrows in this darksom Place, And in my Trouble visite me with Grace.The Time flyes fast which I in Bonds now spend,’T will soon be gone, ‘twill quickly have an end.That very dreadfull Hour must come, when I, A wreched, shamefull, hated Death must dy. Pity my dismal State, allmity Lord, And to my troubled Soul Relief afford.Forgive my Crimes, allmity God, forgive; My body dys, but Oh! My Soul must live Beyond the Grave, in endles Pain or Joy; What kills the Body can’t the Soul destroie.Then help my weke Endeavours to repent, And turn to thee, ere all my Hours are spent, On these black fleeting Minutes, Lord, I know, Depends my everlasting Bliss or Woe. Help me to make my Peace with Thee before My Glass rans out, and I shall be no more. O help me calmly to resine my Breth, be thou my Comfort in the Hour of Deth. And when my Soul is from this Body fled, And frends shall say of me, alas! He’s dead. Then may my Spirit sweetly wing away, To the brite Regions of eternal Day. In humble Hope of this, vain World, adew, A long Farwell to anxious Cares and you. Farwell to all my Company and Frends, I go to try a State that never ends. O!think betimes the Hour of Death will come, And hurry you to your eternal Home.O!think what follows Deth;in Time beware, Abd for your final Jugemend all prepare. This wicked, short, vain Life prise not too high, I’ve found in but a Dream and Vanity. Lay up your Treasures then in Heav’n above, be there yout Bodies sink into the Dust, you’ll find the comfort of your well plas’d trust. Your Flash shall rest in Hope of lasting Joy, Therefore be Wife in Life and well secure, That happy State where Joys enerese as, they endure. Glory unto the sacred Three, The God whom we adore, As was and is and shall be done. When Time shall be no more. WILLIAM LAWRENCE . FINIS.

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The ORDINARY of NEWGATE his Account of the Behaviour, Confessions, and Dying-Words, of the Criminals, that were Executed at Tyburn, on Wednesday, the 30th of December, 1702. AT the Sessions held in the Old-Baily, on Wednesday, Thursday, Friday, and Saturday the 9th, 10th, 11th, and 12th, and on Monday the 14th instant, Ten Persons having been found Guilty of Death, and receiv'd Sentence accordingly, Six of them were Repriev'd, and Four order'd for Execution. On the Lord's-Day, the 13th instant, I preach'd publickly to them and other Prisoners, both in the Forenoon and After-noon, upon Part of that Scripture appointed to be read for the First Evening-Lesson, viz. Isai. 26. the latter part of the 9th Verse and the 10th; the Words being these - When thy Judgments are in the Earth, the Inhabitants of the World will learn righteousness. Let Favour be shew'd to the Wicked, yet will he not learn righteousness; in the land of uprightness will he deal unjustly, and will not behold the Majesty of the Lord. In discoursing upon which Words, I shew'd; 1st. That the great Design of God's Judgments, is the Reformation of Mankind; That the Inhabitants of the Earth may learn therefrom to be Righteous, i. e. To be Just, and Honest, and Upright in all their Ways, and truly Religious. 2dly. That as it is the Design, so it often proves the Effect of God's Judgments, (where his Mercies are ineffectual) to bring Men to Repentance and Amendment of Life: Which is intimated in this former Part of the Text; When thy Judgments are in the Earth, the Inhabitants of the World will learn righteousness. 3dly. That as the Temporal Judgments, which God inflicts upon Men in this World, are by him design'd for the just Punishment of their Sins, and for their Reformation; so they are also intended for the Prevention of Eternal Judgments: For though upon the Sinners Repentance God does not always remit the Temporal, yet he certainly will the Eternal Punishment; provided that Repentance be truly sincere, and not too late. 4thly. That the Judgments of God in this Life, if they avail not to some Men's Salvation in the next; will however justify God's Proceedings, and leave the obstinate and harden'd Sinners wholly inexcusable, who most unworthily (and to their own ruin) opposed, even to the last, the gracious Methods which God employ'd to reclaim them from Sin and Endless Misery: So that they shall be forced to assent, That their Damnation is just; and that God is Righteous, and all his Judgments are Upright. In the After-noon I open'd the latter Part of the Text; Let favour be shew'd to the Wicked, &c. From which Words I shew'd the absolute Necessity of exerting severe Justice upon those unrelenting Sinners, whom neither Mercies to them could invite to their Duty, nor Judgments on others warn from their Sins. And this I illustrated from these Three Observables. 1st. That some such profligate and ungrateful Sinners there may be found, who are so far from growing better, that they rather grow worse, for having favour shewn them; not being desirous to accept of that gracious Invitation to Repentance, and walk worthy of that great Mercy offer'd to them. Let favour be shew'd to the Wicked, yet will he not learn righteousness. 2d. That tho' such Persons live in the Land of Uprightness, i. e. in a Country where true Religion and Righteousness are professed and taught, and by many practised; and where Impiety and Unrighteousness are discountenanc'd and punish'd, (which are great aggravations of their Sins;) yet for all this they will venture to commit all manner of Injustice and Wickedness. 3d. That for a further and still greater aggravation of their Sins, they will not behold the Majesty of the Lord: i. e. That tho' God gives such plain Discoveries of his great Excellency and Goodness, both in his Word, and in his Works, and especially in this glorious and gracious Work of his Patience and Mercy to them; yet they wilfully shut their Eyes against this clear Light, and will not be perswaded to see the things that belong to their peace, before they are hid from their Eyes. They will not learn, nor understand, nor seek after God. They will consider neither his Goodness, nor his Power; neither the tenderness of his Love that should win them, nor the severity of his Judgments, that should drive them to Repentance. Again on the Lord's-Day, the 20th instant, I preach'd to them, viz. In the Fore-noon, upon the 8th and 9th; And in the After-noon, upon the 12th and 13th Verses of the 30th Chapter of Isaiah. And on our Blessed Saviour's Birth-day, both in the Morning and After-noon, upon John 1. 14. And last of all, on the Lord's-Day, the 27th instant, in the Fore-noon, upon Rev. 1. 7. And in the After-noon, upon Rev. 22. 12. All which Texts, very fit for the Occasion, as well as the Season, to be discoursed upon, were taken out of those Scriptures, that came of course to be read on those Days. These publick Discourses, (the Heads whereof this Paper will not afford room for) as well as the two former, I concluded with particular Application to the Condemned Persons; whom I most earnestly and compassionately exhorted to REPENTANCE: The great Subject of my constant (both publick and private) Instructions and Admonitions to them, while under this Condemnation: Within which time, I did in my frequent Attendances upon them, receive from them the Account of their past Lives, and their present Hopes, which they gave me, as followeth. 1. John Goffe , alias White , alias Gaffney , Condemned for a Robbery committed in Boswel-Court , about 4 Years ago. He said, he was born at Dublin , and was now above 50 Years old, and had been a Soldier the greatest part of his Life, in the Service of this Crown, viz. first in the Foot-Guard, and afterwards in the Earl of Oxford's Regiment, and of late years in Flanders, and was also for some time, in the Duke of Savoy's Army, and now a Voluntier in her MAJESTY's Service, going for Ireland , at the time of his being apprehended at Bristol . He confess'd, that he was guilty of the Fact, for which he was now to die; but said, that he was trepann'd into it, by Daniel Skanlen the Silver-smith , and Thomas Fowler , who were some time after, Executed for it. Those (he said) were the Contrivers and chief Managers of this foul Business, the Odiousness and Baseness of which, I found he industriously endeavour'd to remove from himself, and place it upon them, and three others more, that were concerned with them therein, viz. One Nicholas Moore , (who was then try'd for it and acquitted) and his Brother James Moore , and one Fitz-Morris, the former of whom, viz. Nicholas Moore , he says, was afterwards committed for some other notorious Facts, to Oxford-Goal , out of which he broke, and robb'd the Keeper besides, and is now (as he thinks) in the West-Indies . As for himself, he said, That when he first engag'd in this Affair, he did not well understand what it was; and when at last he saw better into it, he would have declin'd having any further to do with it; but it was not in his power to get off: However, he did as little harm himself, and prevented as much mischief as he could; saying, that he was the cause, that the Persons they had robb'd, were not murther'd, or did not perish in the Cellar, where they had left them bound, both Hand and Foot: For having got the Key of the outward Door of the House, when they had done this their vilanous Fact, he gave it to a certain Porter's Wife, living thereabouts, with Order to make a Fire in the House, and to fetch Coals for it out of the Cellar, though indeed there was none there; but this he said with the intent, that she going to the Cellar, might see those Persons (who were 3 in number) that were bound there, and so cause them to be released. He own'd, he had 26 Guineas for his share in the Booty; which, he said, it was his desire and purpose to have restor'd to the Parties wrong'd, whenever he could; but he never was, nor is, in a condition to do it: He prays God to make them and theirs amends for it. This is what he now told me relating to this Fact. As for other matters, he said, he never did before, nor since that, commit any Crime deserving Death, or the Censure of the Law, as this do's; for which he heartily begg'd Pardon, both of God, and them he had wrong'd. And for his Religion, he declared that he was born and desired to die a Roman Catholick; but yet, if he was not in the right Way, he wish'd he might be put into it; I had to that purpose several private Discourses with him; wherein having explain'd to him the Doctrine of our Church, he seem'd to give his assent to it, and told me, that he was glad, and it did refresh his Soul, to hear me talk of good things, (these were his own Words) and desired my Prayers; owning himself oblig'd to me for my Ghostly Instructions and Admonitions to him, which he said he would follow, and particularly what related to his making earnest application to God for his Grace, to inlighten his Mind, to purify his Affections, and guide him into the Way of Eternal Rest and Peace. This Conversation I had with him, had this effect upon him, that tho' he was not willing to renounce in particular, and by name, the Errors of the Romish Church; yet it did put him upon doing it in general, in this his Profession and Prayer to God, which he afterwards gave me in Writing, as follows. I Hold the Apostles Creed. I believe in God the Father, &c. I hope, I am a Member of the Holy Catholick Church mention'd in this Creed. But if thou seest, O Lord, that I am deceived, and that I have taken part with false Teachers, behold here in thy presence I renounce the Errors I have profess'd, whatever they are. I disown the Congregation by which I have been misled, and now lay before thee my most sincere desires of becoming and dying a Member of thy true Catholick Church: And did I but know which in particular it is, I declare, I would this moment be a Member of it. Thou know'st, My God, the sincerity of my Heart; and to thee I profess, I believe all its Doctrines. I now unite my self to it; and though to the World I am not perhaps in union with it, yet before Thee, O Searcher of Hearts, I hope I am. Supply now, I beseech Thee, all that is wanting to me through my own Ignorance, and forgive me my Sins; for I detest them all for Love of Thee; and I firmly hope, through the Death and Passion of thy only Son, to be Partaker of thy Mercy. Forgive me, O Lord, forgive me: For in thee alone I hope, and put my trust. II. Samuel Shotland, Condemned for several Felonies and Burglaries, which he confess'd. He said he was 21 Years of age, born in the Parish of Stepney, and a Gardiner by Trade. He acknowledg'd that he had been a great Offender; having of late years, and particularly thse two last, follow'd ill Courses, and very much abandon'd himself to Lewdness and Debauchery; saying, that he had committed all manner of Wickedness, Murther only excepted, which he thank'd God he never did, nor was ever in his Heart to commit: But his other Sins were so great, so many, and so heinous, that he thought they could not be pardon'd. Thus he was for a while under the trouble of a despairing Conscience. But afterwards he entertain'd the hopes of Salvation, through the infinite Mercies of God, and the All-sufficiency of Christ's Merits; he expressing his Faith in him, and great Repentance of all those many Robberies, and other enormous Crimes, which he at any time had committed. He did not come to Particulars; for he said, that it was of no use, and he could make no amends to the World for the Wrongs he had done, otherwise than by praying to God, (as he did) to bless them whom he had any ways injur'd; and to grant that his Death might be a Warning to other wicked Persons, so as to reclaim them from their ill-Courses. He begg'd Pardon of God for all his Sins, and desired their Pardon also, whom he had offended; and declar'd that he dy'd in perfect Charity with all Mankind. III. John Clarke , Condemned for two Felonies. He said, he was about 20 years of age, born at Crowland in Lincolnshire , and a Husband-man . He confess'd he was justly Condemned, and had deserved this Death: But declared withal, that he never was before censur'd by Justice; tho' indeed he acknowledg'd he had been a loose Liver, neglecting the Service of God, profaning the Lord's Day, Swearing, Drinking, and keeping Company with lewd Women. He said also, that being in the Service of a Widow in the Country, he always cheated her, whenever she sent him to Market; which he is now very sorry for, and finds, that for these, and all other his Sins, (of which, he says, he heartily repents) God has justly brought him to this sad and untimely End. He was very ignorant, not being able to read, and understanding very little of Religion. This was also the Case of Samuel Shotland , and Mary Jones . IV. Mary Jones , alias Eliz. Hunt , alias Beth Hurd , Condemn'd for Felony, and privately Stealing Goods out of a Shop. She at first deny'd the Fact, both as to her having done it her self, and being at all concern'd in it: But at last she confess'd it; and further acknowledg'd, that she had for these many years past, been a very ill-liver, and committed many such Robberies before. She seem'd to be so sensible of her deserving severe Punishment for the great Miscarriages of her past Life, (which she said were of all kinds excepting Murther) that she had great apprehensions of falling under God's Eternal Wrath for them. I exhorted her to apply her self to God with all the Affections of her Soul, for his Converting Grace, that she might truly repent, and find Comfort. She said, she pray'd with all the earnestness she could, for the Pardon of her Sins. But I find she was not willing to part with all of them at first; for she continued as long as she could, in a Spleen against a certain Person, who (she said) was the cause of her Death. I did use my utmost endeavours to compose her Spirit, and (thro' the Divine Grace) to work her to a Love to God and her Neighbour, in order to her making a happy End here, and obtaining a Blessed Endless Life hereafter. Then she told me, she forgave that Person, and all that had offended her; and most earnestly pray'd, that God would forgive her also for Christ's sake. She declared her being desirous, but utterly unable, to make satisfaction to such as she had wrong'd; but begg'd of God to bless and prosper them so much the more. When the Dead-Warrant came this Morning to Newgate, then they quicken'd their Endeavours of Repenting; wherein they might (as it often proves upon such occasions) have grown remiss through delay. Shotland, Clark, and Jones, desir'd to receive the Lord's-Supper. I judg'd them not unfit for it; and so I accordingly administer'd it to them this Day, in company with a charitable Person, who had lain in the Condemn'd-Hold with them, there reading in the Bible, and other good Books to them; for almost the whole time of their being in that Place. After this, the Condemn'd Persons, (in Number Four) being carry'd in 2 Carts to the Place of Execution; there I met them, and perform'd my last Duty to them, in Exhortations, Prayers, and Singing of Psalms with them; who being ask'd, whether they had any more to add to these their Confessions, they said No: Only Gaffney declar'd, that he dy'd a Roman Catholick: Yet he said, he depended upon Christ's Merits alone for Salvation. I asking him, whether he was not willing to joyn in Prayer with me and his Fellow-Sufferers, and to have the Prayers of the Standers-by; he said aloud, I desire the Prayers of all Protestants while I am alive, and of all Roman Catholicks, when I am dead. The other 3, viz. Shotland, Clark, and Jones, pray'd most heartily; and particularly Shotland, who express'd a great assurance in God's Mercy to him through Christ. He desir'd all that saw, or should hear of him, to take Warning by him: And so did the rest. And all of them begg'd the Prayers of all Spectators, and profess'd they dy'd in Charity with all Mankind: And earnestly calling for God's Mercy, went out of this World with these and the like Words in their Mouths; Lord Jesus, receive our Spirits! O cast not out our Souls! And Shotland had this particular Expression: I know, Lord Jesus, that I shall be with thee this Day in Paradise. This is the Account that can be given here of these Dying Persons, by Paul Lorrain , Ordinary . Dated the 30th of December. Advertisement. Robert Whitledge , Book-binder , at the Bible in Creed-ane , within Ludgate , sells all sorts of Bibles and Common-Prayers, Tate and Brady's Singing-Psalms, and other Books, neatly Bound, at reasonable rates. London: Printed for Elizabeth Mallet , next the King's-Arms Tavern , near Fleet-bridge . 1702.

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THE ORDINARY of NEWGATE’S ACCOUNT of the Behaviour, Confession, and Dying Words Of the SIX MALEFACTORS, VIZ. JOSEPH GUYANT and JOSEPH ALLPRESS for robbing the Mail, near Edmonton . WILLIAM SIDAY and WILLIAM PARIS for a Burglary and Robbery in the Dwelling-House of MARY FISHER , Goswell-Street ; AND JOHN ADSHEAD and BENJAMIN ALLSWORTH for a Burglary and Robbery in the Dwelling-House of MARY BELLAMY , Newman-Street , Marybone . Who were executed at TYBURN on Wednesday, July 8, 1772. BEING THE Fifth EXECUTION in the MAYORALTY OF THE Rt. Hon. WILLIAM NASH , Esq . LORD MAYOR of the CITY of LONDON : LONDON: Sold by LEWIS and BLADON, Paserroster-Row; KINGMAN, Royal-Exchange; and WAGSTAEF, Brick-Lane, Spital-fields.[Price 6d.] TO THE PUBLIC. In the course of the Publication of these papers, the public utility will be constantly attended too. The lives and examples of bad men are not without their use: With knowing what we are to fellow, we should have likewise what we are to shun. The snares that are laid for the artless and unsuspecting, the temptations held out to the daring and bold. Such notices therefore will be brought to light as will best answer these purposes; avoiding what tends only to gratify an idle curiosity, or may prove a vicious incentive to young minds. In preserving the morals of the rising generation, we lay the best foundation for maintaining the future peace and safety of the community. THE ORDINARY of NEWGATE’S ACCOUNT of the Behaviour, Confession, and Dying Words, &c. BY virtue of the King’s commission of the peace, oyer and terminer, and goal-delivery of Newgate, holden for the city of London and county of Middlesex, at Justice-hall, in the Old-Bailey, before the Right Honourable William Nash , Esq . Lord Mayor of the city of London ; George Perrot , Esq . one of the Barons of his Majesty’s court of exchequer ; Sir Richard Aston , Knt . one of the justices of his Majesty’s court of King’s-bench ; James Eyre , Esq . Recorder , and others of his Majesty’s justices of oyer and terminer of the city of London, and. goal-delivery of Newgate, holden for the said city and county of Middlesex, on the 3d, 4th, 5th, 6th, 8th, and 9th of june, 1772, in the 12th year of his Majesty’s reign, fifteen persons were capitally convicted, and received sentence of death for the several crimes in their indictments set forth, viz. James Hancock , Thomas Adams , Edward Jones , John Adshead , Benjamin Allsworth , Edward Barry , William Siday , William Paris , Francis Mascado , John Hitchcock , Joseph Guyant , Joseph Allpress , John Waters , Charles Locket , and Mary Brayne . And on Wednesday the 1st of July, the report of the said malefactors being made to his Majesty, by Mr. Recorder, eight of them were respited; namely, James Hancock , Thomas Adams , Edward Jones , Edward Barry , Francis Mascado , John Hitchcock , John Waters , and Mary Brayne - Charles Locket was not reported, and the remaining six ordered for execution on the Wednesday following, and were accordingly executed. Joseph Guyant and Joseph Allpress were indicted for robbing the mail. It appeared in the course of their trials, that the post-boy, with one John Thomas , was near a place called Onsfield , about seven miles from London; when one of the prisoners stopped the horses, and swore that he would blow out his brains (meaning John Thomas , supposing at first that he was the guard) if he did not alight. After he had alighted the boy was ordered to turn round, and drive in at the gate, and the other was ordered to follow. Afterwards one of the prisoners tied their hands and legs, and promised that he would not hurt a hair of their heads: Inquiring for the key of the mail cart, and finding none, he went away. Soon after the mail-cart was broke open with an axe tempered to cut iron; from whence they took several of the bags; then one of them came back and desired them to sit still till they had loaded the their horses,’ and then they would come and release them, and give them five guineas. But this they never performed; for they left them in that situation until day-light, when John Thomas got himself loose, and untied the post-boy. It appeared to the Jury, by the evidence of the witnesses called, so clear and satisfactory, that they brought in their verdict, Both guilty. 1. Joseph Guyant was born in Essex of honest and industrious parents who gave him that education as their circumstances could afford, and afterwards put him an apprentice to a country working-smith . Some time after he settled at Edmonton , near Enfield , as a master in that business, where he married and endeavoured to support his family in an honest way. But he met with a lots, which he looked upon to be the first step that led him to his ruin - He had been receiving money, and as he was returning home, two men met him, tied him to a tree, and robbed him of sixty guineas and an half in gold, eight shillings and six-pence in silver, and nine-pence in copper. He was soon after arrested for the expences of suing the county for the recovery of his money, and other debts, and became a prisoner in the county goal, and afterwards in the fleet, until he was released. Being reduced to so low an ebb, he began to go out of a night with Allpress, a deer-stealing, and this they continued doing for some time. They agreed to break into the church at Edmonton , which they did; and afterwards committed the fact for which they suffered: These were all the material things that he did acknowledge, though he had been charged with several more; and I do not find, on examination, that any credit can be given to the other charges. Being questioned, What could be the motive of his committing this last robbery? He answered, To pay his debts to the full - and to have money to carry on his business. I must leave the reader to make his own remarks. His behaviour in general was decent, and he attended the service of the chapel constantly, until he was taken ill, which was a little before his execution, which at times deprived him of his senses. He hoped that God would have mercy on him, and he should die in peace and love with all mankind. He was 34 years of age*. 2. Joseph Allpress (with Joseph Guyant ) was indicted for the same offence. * see the Morning of Execution. Joseph Allpress was born near St. Ives in Huntingdonshire of poor, but honest parents, who had him instructed in reading and writing, and when of age, he was put an apprentice to a country working smith ; which trade he followed as a journeyman: When he could not get any work at his own business, he used to be employed in draining of the fens, and in any kind of Husbandry for an honest livelihood. Having an inclination to come nearer to London, he left the country and came to Edmonton last May was two years, where he was employed in different occupations. During his stay there, he worked at his trade with Joseph Guyant , who first enticed him from the paths of honesty. The first step that led him to his ruin was, he went with him a deer steeling, and his master supplied him with money, as he wanted it, without doing any work; which he could not tell the reason of, until he had opened his mind to him, which was to rob the church at Edmonton ; he at first was unwilling, but at last was persuaded, and did, with him, break into the church. Sometime after his master mentioned to him his intention of robbing the mail; that he should then have plenty of banknotes to pay his debts, and to carry on his business, and he would take care of him whilst he lived: To which he said, You know that I am no scholar, and I do not know what a bank-note is, for I never saw one in my life. But he made answer, That he would take care and get money for them, if he would go with him: He then was willing; and after his master had prepared an axe for the purpose of cutting the mailcart, he went with him and robbed the mail. As there had been several robberies committed in Edmonton, he was asked, If he had ever been concerned in any of them? He declared, That he had not, or ever was concerned in any, but in those that he had mentioned. He owned that he and his master did one time go out with an intent to rob on the road, but they did not stop or rob any person, and then they went to their usual business of deer-stealing. This was his general account whenever he was questioned, and I believe it may be credited, as he seemed to be a man more to be depended upon than his master; who more an once, since his confinement, had endeavoured to charge innocent people, as concerned with him in robbing the mail. His behaviour in general, was such as became his unhappy situation, and he constantly attended the duties of the chapel in a decent humble manner. He was ready to receive my instructions and advice, and frequently shed tears when he reflected on what he had done. He desired to be instructed in the design of the holy communion, for which purpose proper portions of scripture were read and explained to him, and he was duly satisfied with my admonitions on the subject, and warned not to dissemble. He was admitted to the Lord’stable on Sunday the 5th of July, where he behaved as with a real sense of his crimes, calling upon God to have mercy on his soul. In this humble state of mind, praying for the forgiveness of his sins, he remained till the morning of his execution. He was 27 years of age. 3. William Siday (with William Paris ) was indicted for breaking and entering the dwelling house of Mary Fisher . It appears by the evidence of an accomplice, that they went to Mr. Brake’s, who keeps a public-house at the sign of the Sun-dial in Goswellstreet , about a quarter before seven in the morning, where they had a pint of beer. That the accomplice watched when his mother went out, and told Paris, Now it is time to go. That Paris went and opened the door with a false key, and went in, and Siday followed him; that he waited near the door, until he saw Paris come out with a box upon his head, and a great coat; that they afterwards went to Paris’s lodgings in a court in Grub-street , and there they opened the box, in which they found six guineas and a half in money, and the things mentioned in the indictment, the property of a lodger in his mother’s house. William Siday was born in Shortstreet , near Moorfields , and served his time to a Printer ; which business he followed with diligence and attention, until within these three years; during that time he had been guilty of many burglaries. He particularly owned that he was concerned in the robbery of Mr. Greenfield, linen-draper, in Fleet-street ; and that he (with his brother, and Luke Canon , since executed) committed the robbery in the house of Mr. Stafford. Being asked, if the maid-servant, who was suspected, let them into the house or not? He declared, that she was innocent, for it was Cannon, who had been a servant to Mn. Stafford, that proposed the committing the robbery, and as he knew the house, conducted them there; that they went down into the area, and got into it. As soon as he found himself included in the death-warrant, with the other convicts, he wept and lamented much, was exceeding sorry for his past sinful life, acknowledged the justness of his sentence, and said that he had deserved to die before. Finding him sincere in his confession, and desirous of being instructed in his preparation for eternity, proper scriptures were selected, daily opened, and applied to him. He gave due attention to my admonitions, and was frequently reminded, That he had now no friend but God, whose ears are ever open to the penitent; to whom he was exhorted to apply himself for peace, and reconciliation; and to whose mercy his soul was finally recommended, whilst his body was doomed to death: He daily frequented the chapel, and behaved there with serious attention and devotion. He was 22 years of age. On the Tuesday before his execution he gave me a copy of a letter that he had sent to his Father, and desired that it might be made public: In compliance with his request the reader is presented with it: 'My dear Sir, WOULD to God I had followed the instructions that you gave me in the earlier part of my life; or I had taken warning by my late unhappy brother’s fate, I should not have brought myself to this untimely and shameful end. I am condemned to die to-morrow for a robbery done in Mrs. Fisher’s house. Her son Tom was an evidence against me, whom you have formerly served with many kind offices. But it is now too late to repine at that. My whole desire is to find mercy and peace for my poor soul, and I labour diligently to get it. I do acknowledge sincerely my faults, and know my sentence is just; and I forgive Tom for what he has done, and hope he will take warning by me. I wish my brother had never seen Sal, for she has brought destruction on us all; but I forgive her, and hope that she will leave her wicked course of life, or else she must expect some time or other to suffer as well as others. Mr. Jen - gs has been good to me, and has brought me victuals every day; and Mr. Bur - tn has promised to bury me. I remain, Your unhappy son, WILLIAM SIDAY .' From my Cell in Newgate, July 7, 1772. 4. William Paris (with William Siday ) was indicted for the same crime. The fact was brought home to the prisoner by the evidence of an accomplice, connected with the evidence of the prosecutor, who proved the things to be part of that property of which he had been robbed. This unhappy youth was an artist thoroughly practised in getting into houses by the assistance of pick lockkeys; for when he was taken up, there were several of that kind found upon him, which were produced in court on his trial. As soon as he had received sentence of death, I visited him, and as he appeared to be a person of a better understanding than what is generally to be met with in such an unhappy situation; which gave me the greater hopes that he would be the sooner made sensible of his past misconduct in life, and employ his time in a proper manner for his future happiness. He seemed to be very attentive when any one offered to admonish him, and thankfully received their friendly advice. Conversing with him one day, he said, That as there might be a false account of him published after his death, he would give me one drawn up by himself, which the reader is presented with: 'I was born in London , and bound an apprentice to a gold and silver wire-drawer , in New-street , Shoe-lane ; where I staid but three years of my time; for I used to go out of a night with another young man picking of pockets on Ludgate-hill ; and as it was known in the neighbourhood, I ran away from my master. From that time I followed pick-pocketting, gambling, and every thing that was bad in a low and mean way, until I became acquainted with many notorious housebreakers and robbers, many of whom I have followed to the place of execution; and yet did not take warning, I have been concerned in many burglaries; and have seen many hundred ounces of plate sold to the Jews, and other things of value besides. I have never been detected in house-breaking before, during the course of twelve years spent in thieving and robbing. I acknowledge that I am not fit to live, and I forgive the evidence, and hope that he will employ his time better than he has done. I freely forgive every one, and I shall die in charity with all mankind.' It is plain, by his own confession, that the suspicion of his being a notorious house-breaker and robber had not been groundless, though he had never been taken in the fact, or tried for an offence of that nature; yet many of his associates had, and suffered too. As to his behaviour, at times it was light and indifferent; and I have been since informed, that was owing to the prospect he had of being respited. When he was informed that he was to die with the other convicts, he seemed more calm, and employed his time as became a person under his circumstances. He was 30 years of age. He wrote the following hymn and desired that it might be made public: AN HYMN. I. O God look down from thy abode, Give ear unto my cry; Speak peace unto our wounded souls, Though wretches doom’d to die. Lord, now to us thy mercy shew, And pardon all our sin; That we in heav’n thy praise may sing, So vile tho’ we have been. II. Lord, since we soon our lives must end, May our sins be all forgiv’n; That when the soul and body part, Our souls may soar to Heav’n. Tho’ we thro’ youth have gone astray, And have done nothing good; Yet thou, O Christ, forgive us can, And wash us with thy blood. III. Black tho’ our conscience is with sin, We from our hearts all know, That sprinkled with this holy blood, We shall be white as snow. Lord, comfort all we leave behind, Our friends and parents dear; And may they put their trust in thee, And nothing need they fear: IV. This ignominious death we die, Must surely pierce the heart, To think that we, poor wretched souls, So soon from them must part. Express those words to us, good Lord, You spoke when on the tree; 'All you that will come penitent, Shall sup this night with me.' 5. John Adshead (with Benjamin Allsworth ) was indicted for breaking and entering the dwelling-house of Mary Bellamy . It seems that the prisoners broke into the house about the hour of one in the night, and stole a gauze sack and petticoat, with silk and gold flowers, value five pounds; three silk sacks and petticoats, value ten pounds; one silk night-gown, value forty shillings; one brocaded silk night-gown, value five-pounds; four yards of flowered muslin, value ten shillings; one chased gold outside watch-case, value four pounds; and other things the property of the said Mary Bellamy . John Adshead was born in Northamptonshire , and never served his time to any trade. About four years ago he came to London , and lived in the capacity of a gentleman’s servant at several places. During which time he had saved some money, and not liking his station of life, and thinking that he could do better if he could learn some business; with this intention he applied to one in the gun-way to instruct him; for which he gave him ten guineas. At the expiration of the agreement with his instructor, he followed the business. But this new kind of life did not long agree with him; as he had been used to live easy, he did not like to work hard for his bread, nor could he bear confinement. Giving himself up to idleness, and his money being gone, he got acquainted with others of the same stamp, and from that time went a house-breaking. There being an enquiry made after him in town, he went down to Bristol ; but there he could not be quiet, nor leave off his wicked course of life, though he had for the present escaped the hands of justice; for on Saturday, September 14, 1771, early in the morning, he got into the house of Mr. Isaac Hewlett , Watch-maker , in the Old-market , and took from thence things to the value of one hundred and fifty pounds. He owned that he unfastened the window-shutter, and by that means got in, and let himself out at the street-door. He was desired to tell, to the best of his rememberance, what he had taken, and what became of them: He said, That he brought away with him nine silver watches compleat; several silver boxes and cases; a large silver tankard; a silver pint mug; spring and other tea tongs; silver shoe and stock buckles; stone, shoe, stock, and knee buckles; gold ear-rings; garnet and other stone and hoop rings; diamond rings; several gold seals, with a considerable number of other articles in the Jewellery way. That he brought them to London , and sold some, and pawned others. With the money he opened a public house in Princesstreet , Drury-lane , which he found in a little time would not answer, and he left it, and followed his old trade, until he was brought to the fatal tree. He would not give any particulars of the person that had bought the things, nor of the places where they were pawned; and his reason was, that they might not be brought into trouble, after his death, for it. Though it was represented to him as a part of his duty to tell, yet he never would; and when it was placed before him in the strongest light, that his repentance could not be looked upon as sincere and genuine; he generally answered, That he left that to God. He was very reserved and artful, which appeared on his trial; for he persuaded Allsworth to deny the fact in his defence, whilst he "acknowledged that he was guilty, that it was his first offence, and his being a young man, he hoped that the court would shew him mercy." A proof of his art and cunnings, but it did not answer his expectation. Little can be said of him during the time that he was under sentence of death. When he was not prevented by sickness, he went to chapel with the other convicts. He continued in this reserved way until the morning of his execution, when there appeared greater signs of contrition, which are noticed in their proper place. He was 24 years of age. 6. Benjamin Allsworth (with John Adshead ) was indicted for the same offence. Benjamin Allsworth was born at Birmingham , and served his time to a gun-maker in that place, which employment he followed some time there as a journeyman. Afterwards he came to London , and worked at his business until he entered a Drummer in the 85th regiment of foot. He was in the expedition of Bellisle, and afterwards was in the service at Portugal . At the commencement of the peace his regiment was broke, and he was discharged from the king’s service. His behaviour, whilst he was in that capacity, has been well attested by his commanding officer in his discharge. After his discharge he returned to his business, and maintained himself by his industry. He soon afterwards married, and lived, in credit and reputation, and might have continued so, if he had not hearkened to Adshead’s counsel, and followed his way of getting money in haste. It happened that he became acquainted with him through the means of the person that had learned him the trade for ten guineas: Allsworth one day meeting him after he had left off working in the gun-way, well drest, asked him how he did, and what trade he now followed? The other replied, He followed no trade, that an uncle of his, a silversmith, had lately died, and left him money and stock in trade to a considerable value: (which proved at last to be no more than this, that he had got into the house of Mr. Isaac Hewlett , a silversmith , in the Oldmarket , at Bristol , and robbed him of part of his stock in trade) They renewed their acquaintance, and of course they must drink together. From that time, until a little before he committed the robbery with him, for which he suffered, he said, That he thought it was truth, and he had no reason then to believe to the contrary. Adshead used frequently to call and see Allsworth, and as his family at that time was sickly, he kindly offered his assistance, to do them any service that he could. Allsworth then told him, That trade was slack, and the expences attending his sickfamily had made him run behind hand, and therefore should be obliged to him if he would lend him three or four guineas for the present, and he would take care to pay him when he had got work. To this Adshead replied, I have not got that money about me now, but I can put you in a way how you may get money in a hurry, twenty, thirty, or a hundred at a time, as I have done in a quarter of an hour! Allsworth desired him to explain himself. Why, says he, I told you that an uncle of mine, a silversmith, had lately died and left me money, and stock in trade to a considerable value; no such thing: When I left the gun-making business I went a house-breaking in town; but there being an hue-and-cry after me, I slipt down to Bristol , and went to work at the business, until I thought all enquiry after me in town was over - and then I got into a silversmith’s house, and robbed him of many things of value, which I brought to London . I and others have followed this lay for some time; there is no fear of putting off the things: no, if it was the king’s crown. - Come to night to my lodgings, and you shall be convinced that what I tell you is so. He accepted of the invitation, and went, and found there were some persons at first whose pro session he did not know, who told him, that it was the only way to help himself, and be less beholding to his friends. Being disappointed in the loan of a few guineas for a while, his family wanting, and the fear of being arrested, together with the fair speeches of his fellow convict, made him yield to his advice. But he should have preferred rather to be in goal for debt, than house-breaking. He owned that he was concerned in this, and two other robberies in town, and in no more, or in any other place. Being desired to ask him, If he knew any thing of the robbery in Bristol? he said, he was in town when it was done; and that Adshead told him, that he did it by himself. That Adshead had given him a watch (one that he had brought from Bristol) which he had pawned for a guinea; and the duplicate being found upon him, gave rise to the suspicion that he had been concerned with him. But that was the whole truth of the matter. The general behaviour of this convict must be acknowledged was indifferent at times, as he fed himself up with a notion that his friends would save his life. He was frequently desired to tell, if he had ever heard Adshead declare who bought the things, or where they were pledged? he said, he did not, or if he did, he would not own it left that they might be brought into trouble. Too much given like his fellow sufferer, to think that as his life was forfeited by the laws of his country, he had no right to make restitution, if in his power, to the injured party: By this manner of reasoning, the reader is left to form his own opinion on this convict's behaviour during the time of his being under sentence of death. He was 37 years of age. Morning of Execution. I VISITED the prisoners about half past six, when they were brought down from their cells. Allsworth, Adshead, and Paris did not appear so serene and composed, as I could have wished to have seen them. Being asked how they did, and how they found themselves under their present alarming circumstances? Paris answered, He was very well, and found himself quite easy, indeed too much so, being little or nothing concerned, which he could not account for; but was rather sorry it was not otherwise with him. He thought he was worse now than he had been, even when the death warrant was first made known to him. After they had washed and refreshed themselves, their irons were loosened, to prepare them for going up to chapel. Being all ready we went up to chapel, with two or three christian friends, who attended. Guyant was so ill that it was with difficulty he was got up, being obliged to be assisted by two persons. Before the administration of the sacrament, they were recommended in prayer to look to the bleeding Sacrifice, the Lord Jesus, for pardon and forgiveness of all their sins, and to think of the awful hour to which they were now approaching. They were then admitted to the holy communion, which they received, it is hoped, to their great benefit and comfort. I should here have observed, that before it was administred to Guyant, he appearing, as it were, insane, or rather foolish, he was asked, If he knew the intent and meaning of that holy ordinance, and whether he was desirous of receiving it. He answered yes, and that he was very sensible what the intention of it was: What confirmed me the more in it was, that while he was assisted in getting up to chapel, he frequently repeated these words, 'Lord Jesus have mercy on me! Christ forgive me my sins!' After the communion we sung an hymn suitable to their circumstances, in which they joined. Being again severally asked, whether they were now resigned and ready to meet the awful change, which they, in a very short time, must experience? To which they answered but little. They were then, as far as time would permit, recommended in prayer to the Lord, and desired that their minds might not be drawn off by any thing when going down from chaple, that their time was now but very short, and nothing in this world could afford them any comfort, they were therefore earnestly entreated to fix their attention on a crucified Saviour, who bled and died for them. A little before nine they went down from chaple to the press yard to have their irons knocked off, to be pinioned, and put into the carts. While the officers were preparing them, Paris says, to one of his fellow sufferers, 'Well, come, we cannot help it, I hope we shall be better before night:’ And while his halter was fixing about him, one standing by, says to him, 'Paris, you little thought of this once.' He wantonly answered, 'No, I did not, and I will take care not to come to it again.' For which he was sharply reproved, and desired to think a little more of the approaching awful moment. Orders came that the sheriffs were come, and they were once more reminded, not to regard any thing that passed around them. Siday, Paris, and Allpress were put in the first cart, Allsworth, Adshead, and Guyant went in the second. Allsworth burst into tears as soon as he got into the cart, wrung his hands, looking up to heaven for that mercy which he had forfeited and lost fight of in this world. Adshead behaved decently likewise: Paris wept as he was coming out of the Press-yard. This happy change for the better, was the more favourable to them now, when their hour was at hand, as they had lately been in a different temper, and felt the pangs of grief when it was more distant. Thus may all those, who now sow in tears, at length reap in joy. They arrived at the place of execution a quarter before eleven; and when tied up, I went to perform the last office to them. I addressed myself to Guyant, and desired him to tell me the truth, as he would shortly appear before God, Whether he was robbed or not ? and what money he did lose? He answered, Yes, I will tell you sir; and Allpress said to Joe, Do, it will be of no service to you now to tell a lie. He declared, that as he was a dying man, he was robbed, and mentioned the sum, as particularly as he had done before. That the loss of that money was the ground of all his misfortunes. Being again requested to tell, Whether he had secreted any one of the bags taken out of the mail-cart, as there had been such a report that he had? He said, Yes, I did, but Allpress knew nothing of it, for he did it after he was gone into the country. It was the Oundle bag, I think I put several bank notes into it, and buried it in a field, with some tiles upon it to prevent it being rotten. - There is no occasion for mentioning the place here, as information has been given to proper persons. I asked Allpress, If he knew the place? He answered, Yes; and that he had spoke to Joe as he was coming down from his cell this morning, about it, and desired him to tell me of it. - I applied in the same manner to Allsworth and Adshead, and begged they would now inform me where the things were sold, or pledged; but they did not chuse to do it. - What a difference between these and the former! Siday, Guyant, and Allpress acknowledged the justice of their sentence, and confessed, that they well deserved the death they were going to die. - Paris said, That he had been many times to see executions, and so far from taking warning by them, as soon as they have been over he has gone a drinking, and in the evening a thieving. - He knew that there were many of his acquaintances there now, and if one only, out of so many, would be warned by his example, he should die happy. For, says he, you may go on for two, three, or seven years prosperously, but you must come to it at last. When he had finished, he was asked, Whether he found himself better now than he had been before? he said, No, I am easy it is sure, but my heart is not as it should be, I want something more; and I hope I shall find it, even in my last moments: He was answered, That it was hoped he would be so. Having made profession of their charity, and joined in prayer, they were recommended to the mercy of God. - We then parted, and they quickly suffered their sentence. This is all the Account given by me, JOHN WOOD , Ordinary of Newgate . At the repeated request of Siday and Paris, the following lines are published, though it must be acknowledged, that they may seem contrary to the design of the publication of the lives of such persons; yet the public are desired to consider them as their request, they being printed verbatim from their own hand-writing. PARIS’S ADVICE TO YOUTH. 1. LET priggs and flashmen, ev’ry one, Now listen to my song; And if they’ll take advice from me, It will their days prolong. 2. Some diving goes to get a bob, But often hobbled are; And if they to the patter come, If they’re not lagg’d tis rare. 3. There’s many youths go on this lay, That has not reach’d thirteen; Who picks your pocket as you pals, As daily may be seen. 4. Buzzing, my lads, is no sure game, As often you do see; For what you think may be a stanch, A hobby proves to be. 5. The bulk I know he slangs you too, Which I allow’s foul play; But they are often deeper hands, So you must not gainsay. 6. The cull likewise is sometimes down, Nay, often is the case, That you are in a horse pond dipp’d, Or ding’d in some nasty place. 7. But if the Cull should hobble you, Before the beak you take; Your mittimus will then be made To th’ keeper of Newgate. 8. When to that place you do come in, Your garnish you must pay; And then, my lads, you must be in Until the sessions day. 9. Before the Patter it comes on, You gammer what you’ll say; But when the judge is trying you, You’ll wish yourself away. 10. The prosecutor raps it hard, You ‘re lagg’d for seven years; And when you take leave of your friends, You can’t help shedding tears. 11. A ken-cracking there’s others go, And get many a pound; But when to th' Patter they do come, For the cross they’re knock’d down. 12. Those youths that venture on the scamp, You’ll say are much to blame; But since they all do respites get, Makes more follow the same. 13. As they are only to be lagg’d, They to Virginia go; And when they do land on that shore, They there tobacco hoe. 14. In America friends are scarce, Of foes you’ll have your share; The negroes they are better us’d, Which I say is not fair. 15. Up in the morning you must get By th’ rising of the fun; And work until it sets at night, Which is indiff’rent fun. 16. Instead of having wholesome food, You’re fed on Indian corn; And when too late, I know you’ll with You never had been born. 17. One shirt a year you are allow’d, As coarse as is a sack; Before you’ve worn it many days, 'Twill draw skin from your back. 18. But as for shoes and stockings, lads, You seldom do them wear; But go barefoot, all in the heat, Full eight months in the year. 19. Instead of dorsing with your cow, You in an out-house lay; You may sleep found by working hard But rise by break of day. 20. When you are lab’ring in the fun, You will your fate lament; And wish you’d took your friends advice, And ne’er a thieving went. 21. Your fate you’ll think is very hard, And so ‘twill be indeed; Before your time it is expir’d, ‘Twill cause your heart to bleed. 22. You’ll wish that you had wiser been, Your parents counsel took; You’d not have kept bad company, But wicked ways forsook. 23. But if that you should be so deep, To mizzle from that place; You can’t help coming to your Polls To shew your silly face. 24. If that in England you are seen, Before your time is out; You’re sentenc’d then to Newgate cells, Your candle there to doubt. 25. Let sharps likewise attention give, Who do the readers spin; And seldom meets a country flat, But what they take him in. 26. Sometimes I know they are so poor, A bone they clean could pick; But when a mouth falls in their way, They sack his Stephen’s trick. 27. Some do in fighting take delight, But are often at a loss; For you seldom see a bruising But what is on the cross. 28. Those that in the death-warrant are Condemned for to die; Full twenty-two hours in the cells Every day must lie. 29 The morning we to suffer are, You’ll say’s a shocking fight; That youths who are just in their prime, Will soon be shut from light. 30. O may the Lord his mercy shew To those unhappy men; And sprinkle on them his dear Blood, Tho’ they’ve so wicked been. 31. When to Sepulchre’s church they come, The bell will cease to toll; The tumbler stops, the bellman prays To th’ lord for your poor soul. 32. To see the cart move slowly on, Is a dismal sight to see; The people wringing of their hands All th’ way to the fatal tree. 33. When to that dismal place we come, To pray we are inclin’d; And beg the Lord would pardon us, That we may mercy find. 34. A speech, you know, is always made A warning for to take; That you may lead all better lives, And wicked ways forsake. 35. Then o’er our eyes the cap is pull’d, The cart is drove away; We men then drop, the mob disperse, Few’ll mind what we have said. 36. Then let all youths, of each degree, Their folly see ere long; For when they come to th’ lagg or cross, They ‘ll own they went on wrong. 37. My dear good friends, both great and small, Think of your latter end; And beg the Lord in time will give You grace for to amend. 38. When these lines first were wrote to you, ‘Twas little thought that I In Newgate cells should be confin’d, An ignominious death to die. 39. I hope the Lord will pardon me, For all my sins that’s past; And tho’ my heart it is so hard, Christ, soften it last! Newgate Cells, July 6, 1772. WILLIAM PARIS . The Lamentation of SIDAY and PARIS. Written by SIDAY. 1. GOOD people all, I pray give ear Unto these lines I’ve penn’d; And soon you’ll hear of our downfall, Which near is at an end. 2. We in the cells confined are, And so have been some time; And on to morrow we must die, I’ll now relate the crime. 3. Alone Tom Fisher came to me, One ev’ning when ‘twas late; Now him I wilh I ne’er had seen, Who led us to this fate. 4. Then up I got, away we went Unto Will Paris strait; And what he unto me had said, I did to him relate. 5. But Paris being not in health, I on the bed did lay; And Fisher sat up in the chair, Until the break of day. 6. Then up we got to take a walk Into the pleasant fields; Where Fisher he did then begin This secret to reveal: 7. ‘I have a mother lives just by, That’s us’d me ill of late; For which on her reveng’d would be, I say, at any rate. 8. ‘ A carpenter lives in the house, Which does my mother sway; And when i go her for to see, She’ll nothing to me say. 9. ‘My mother she to market goes, Early as at seven; And if you’ll go along with me, I will with him be ev’n.’ 10. Away we went unto the house, And robbed him also, Of his money and his cloaths; For which die we must now. 11. His mother’s cloaths were in the draw’rs, Which we refus’d to touch; Altho’ to us it would been great, And brought us money much. 12. This thing it was so cleanly done, No one could find it out; If Fisher had not prov’d untrue, There would not been this rout. 13. On Wedn’sday suffer now we must, And hang on Tyburn tree; Altho’ ‘tis such an awful sight, Some dippers you may see. 14. But may our fate a warning be Unto all such young men; Who follow such unlawful ways Of bursting peoples kens. 15. For if you do, then come you must, And that you’ll plainly see; And when at Patter you are cast, You’ll hang on Tyburn tree. FINIS.

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THE CONFESSION AND EXECUTION Of the Two Prisoners that suffered at TYBURN On Munday the16th of Decemb. 1678 VIZ. Nathaniel Russel , a Bayley's Follower , for Murdering a young man in Whites-Alley . And Steven Arrowsmith , for a Rape commited on a Girl between Eight and Nine years of age. GIVING. A true Account of their Behaviour after Condemnation; the substance of the Discourses that past between them and Mr. ORdinary in Newgate that morning before they went into the Cart; and their Speeches at the place of Execution. LICENSED, 1678. LONDON: Printed for R.G. 1678. The Confession and Execution of the Two Prisoners that suffered at Tyburn . ON Thursday the 12th of this instant December, Six persons in all received sentence of Death: One for Murther, one for a Rape, one for Treason, one for Clipping of Money, one for stealing a Mare, and a woman and a man (old Offenders) for several Felonies. Of these, Four obtained his Majesties gracious Reprieve: The other Two, viz. Nathaniel Russel , for Murthering of a young man; and Steven Arrowsmith , for abusing and Ravishing a Girl between Eight and Nine years of age, were ordered for Execution on Munday the 16th of this instant Decemb. Their Crimes were thus: A Bayley and his Follower in White's-Alley, by Vertue of a Marshals Writ; went up into a Chamber, having the Door open'd to them, to Arrest a young Gentleman; her Brother, a lad about Seventeen or Eighteen years of age, being with her, stood before her with a piece of a Curtainrod in his hand; the Bayley coming up to him, shov'd him down in a Chair, and presently the Follower. having his Sword drawn before he came into the Room, run him into the Body; so that he cryed oout, he was kill'd. as indeed it proved; for on the Thursday-night following he died, being run through the Liver and Midrif. It was proved by three Witnesses that the young man neither struck nor thrust at the Baylies, nor gave any provocation; and that the Wound was given before any Arrest made: nor did they take away the young woman as Prisoner, but returned a Rescue upon the person dead. The Bayly alleadged his Warrant, justifying his coming there; but disown'd that he any way contributed to the Fact, and was acquitted. The Follower had little material to say for himself, onely alleadged, that the young man made at him with a Spit, which he took for a Sword, and thread-ned to kill him; contrary to Witnesses call'd even by themselves; And so was sound guilty of wilful Murther, as aforesaid. The other being a Prentice to a Victualler in Barking parish , was indicted on the Statute, for having the carnal knowledge and abusing his Masters Daughter, a Childe between eight and nine of age. It appeared he had seduced her with Money, and abused her several Sundays as having then most opportunity, for many weeks together, till at last the Childe being much hurt, was scarce able to go, and then with much ado she discovered it. The several Circumstances, though they were necessary there to he proved, are too foul and unseemly here to be related. The Childe her self testified it fully, and another Girl about ten years old, gave Evidence what posture she once saw them in, and four or five women proved the wrong done to the Childe upon their view of her body and what a sad Disease was thereby contracted: so that the Evidence seem'd as home as could possibly be expected in a Crime of this kind; yet the Jury at first appeared dissatisfied, but on better advice, and more mature consideration, justly brought him in Guilty for which he now suffer'd. A sit Warning for all lascivious persons to deter them from the horrid practices of debauching and ruining poor Children of such tender years; it being Death by the Law to have Carnal knowledge of any Female childe under Ten years of age, even although with her Consent: which from those so young is reasonably presum'd to proceed from an innocent Indiscretion and Ignorance of what they are tempted to. During the Short space between Sentence and Execution Mr. Ordinary took great pains with them, both in private Exhortations, and in his Sermons on the Lords day, and God was pleased to bless his good endeavours with such success, that they both at last, in the judgement of Charity appeared very penitent and sit to dye. On Munday morning about nine a clock, the said two Prisoners, and another young Man Condemned for Clipping, were brought into the Hall of Newgate , where Mr. Ordinary applied himself to them in a very pertinent and pressing discourse, suitable to their condition, and in the process thereof, speaking particularly to Russel, he askt him, what hopes he had of Salvation, and upon what grounds? to which, listing up his hands and eyes, he answered, that though he were a vile sinner, and his sins innumerable (repeating that word two or three times) yet he hoped and trusted to be saved by the infinite mercies of God in Christ Jesus, and that he had prayed earnestly for pardon, and had hopes that God would grant it him, and then of his own accord fell into Prayer with much affection, and words as apt as could be expected from a person of his Education. After that, Mr. Ordinary instructed him more fully in the nature of the terms on which pardon from God was to be obtained, that he must pray not only for a pardon, but to have his heart changed and sanctified by REgeneration; and then proceeded to inquire concerning the Fact for which he died, laying open the hainousness of the sin, to which the Prisoner replyed, that he did believe the Man dyed by his Sword, but affirmed, he had no intention either to kill or wound him; and that he himself could not certainly tell how it happened, being in the Evening, and done suddenly in an hurrty, but denyed that the person deceased was pushed or held down by any body in a Chair. Mr. Ordinary told him, sure he formerly had been guilty of many grievous sins, that God should so give him up to such a Fact without any provocation, providence oft-times punishing great sins with greater; to this he answered, by confessing, that all his life he had run on in a course of wickedness and rebellion against God, and particularly bewailled with tears, his continual breach and neglect of the Sabbath and Religious Duties. Then Mr Ordinary spake particularly to stephen Arrowsmith , who with many tears deplored his condition, yet blessed God that he had generally led a very civil life; never was guilty of Theft, nor a frequenter of idle naughty houses, but used to hear very good Ministers, and rarely neglected his duty on the Sabbarh, save only to visit his Parents, till Satan seduced him to this abominable wickedness, which he now very freely confest himself guilty of, and that he deserved to suffer for the same, which was great satisfaction to some present, to whom he before refused to acknowledge it. They both declared, that they were willing to dye, and dyed in the Protestant Religion, and expected Salvation not by any Righteousness or Works of their own, which were nothing but sin and vileness, but only and meerly by the passion and merits of the Lord Jesus. Russel had before exprest something to one of the other persons Condemned, as he informed against him, as if he did not believe, or doubted whether there were any Local Hell. But Mr Ordinary inquired of him his belief in that point, whereupon, he replyed, that he was well satisfied that there was a real place of Hell, and did trust God would deliver his Soul from it, and admit him into the Kingdome of Glory. Then Mr. Ordinary prayed with, and for them, a considerable time very affectionately, and with great enlargement towards their particular Circumstances; they attending very reverently on their Knees. After which another Minister came in, and gave them some Exhortation, and likewise prayed with them; then declaring to them, that the onely service they could now do Godward, would be to warn others at the place of Execution to avoid Passion, Uncleanness, and all other sins themselves had possibly been guilty of, and which hath brought them to this untimely end: And desiring them to compose themselves, and keep their Hearts close to God, the Ministers for the present recommended them to God, and they were carried down to the Cart, desiring most heartily, as they went, all people to pray for them. When they were putting on the Halters in the Lodge, he that did it, after it was on, asked Russel if it hurt him?'Tis, saith he, somewhat streight; but (with a low voice, as to himself) nothing can hurt me but sin. At the place of Execution, the Ordinary exhorted and prayed for them, as likewise they for themselves. Then they did freely of themselves warn all Spectators to take heed by their fatal Example of all Sin in general, and that they would get and maintain the Fear of Good in their Hearts. Russel in particular desired them to beware of the great sin of Sabbath-profanation, as also of lewd Company, rash Passion, and Drunkenness. Arrowsmith acknowledged his Crime there again, and that he had often desired to resort to the publick Assembles of God's people, but was detained from them by a person who should rather have encouraged him to it. He also said, that though he never took to any vitious course, yet as to his Crime of Brutish Lust, for which he suffered the penalty of the Law, he was surprized by the violent temptation of Satan, for which he could never sufficiently repent. Upon consideration of the whole, and more that might be said, it is charitably believed that they both died very penitent, and with greater hope of their happy state than most that suffer death at that ignominious place.

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THE Ordinary of NEWGATE HIS ACCOUNT OF The Behaviour, Confessions, and Last Speeches Of the Malefactors Executed at Tyburn, On Monday the 8th of June 1719. AT the Sessions held at Justice Hall in the Old-Baily , on Thursday, Friday, and Saturday, the 14th, 15th, and 16th of May, 1719, among the Persons then and there Try'd, Ten (that is, 7 Men and 3 Women) who were found guilty of divers Capital Crimes, did accordingly receive Sentence of Death: But Five of them being Repriev'd, viz. 2 of the Women upon account of their Pregnancy, and the other Woman, with two of the Men, by the Mercy of THEIR EXCELLENCIES THE LORDS JUSTICES (which Mercy I hope and heartily wish they may duly improve.) Five are now order'd for Execution. While they were under this melancholy State of Condemnation, I constantly visited them, and had them twice every day brought up to the Chapel of Newgate , where I read Prayers, and expounded the Word of God to them, endeavouring to perswade them now to live agreeably to it, who hitherto (as it appear'd) had highly offended. against it. On the Lord's Day the 24th of May last, I preached to them and others there present, both in the Morning and Afternoon, upon Psal. 86. 12, 13. Of which Text having given an Account in my Paper concerning John Wheeler , who suffer'd on the Day immediately following, I shall not need say any more of it here: But proceed to the next. On Friday the 29th of the same Month, being the Anniversary Day of K. CHARLES the IId's Blessed Nativity and Happy Restauration: I preached on part of the Gospel appointed for the Service of that Day, viz. St. Matth. 22. 21, 22. Then saith He unto them, Render therefore unto Caesar, the Things which are Caesar's; and unto GOD, the Things that are GOD's. When they had heard these Words, they marvelled, and left Him, and went their way. Those Words of our Blessed Saviour to the Pharisees Disciples, and the Herodians, I first explain'd in general with their Context; and then consider'd in particular these three Things chiefly, viz. (Price Two Pence.) I. The Question propos'd to CHRIST at the 17th Verse, thus worded, Is it lawful to give Tribute unto Caesar, or no? II. CHRIST's wise Answer to that Captious and insnaring Question, Viz. Render unto Caesar the Things which are Caesar's; and unto GOD the Things that are GOD's. III. Ult. The admirable Effect of that Answer; which was, That when they had heard these Words, they marvelled, and left him, and went their way. After I had enlarged upon those Points, and distinctly explained them, I endeavour'd to make my Auditory sensible of the indispensable Obligation incumbent on all of us to be Thankful to ALMIGHTY GOD for the Blessing, which by our Church, is this Day commemorated, and which (through a Series of Providences) has brought in this greater, viz. that of our having now on the Throne, so Wise, so Just, and so Excellent a MONARCH (Our Most Gracious KING GEORGE, Whom GOD long preserve) to rule over us. When I had done discoursing upon this Subject, I concluded the Whole with suitable Admonitions to the Condemn'd Prisoners; exhorting them to consider, How they had broke the Laws of GOD and of the KING, and how it behoved them therefore to repent and amend their Lives, before their Dissolution (now approaching) should come. On the Lord's Day the 31st of the said Month of May, I preached again to them, and others there present, both in the Morning and Afternoon; and this was my Text. 1 Joh. 3. 3. Every man that hath this Hope in him, purifieth himself, even as He is Pure. From which Words, first explained in general, I shew'd in particular. How a Man may know, whether he shall go to Heaven; and that is by treading in the Paths that lead thither; which are these, viz. I. A just Conformity to CHRIST's Purity and Holiness. II. A continual Striving after the Attainment of the utmost Perfection thereof (as far as possible) in the due Exercise of Christian Love. III. And lastly, A constant Perseverance therein; being perswaded of this comfortable Truth; That the more we love GOD and our Neighbour, the clearer Vision and the fuller Fruition we shall have of the DIVINE MAJESTY, when we come to Heaven; and, the more we are like to CHRIST in Grace here, the higher we shall sit by Him in Glory hereafter. And Yesterday, being the 7th of this instant June, and the Second Sunday after Trinity, I Preached to them again, both in the Forenoon and Afternoon; taking my Text out of the Gospel appointed for that Day, viz. St. Luke 14. 16, 17. Verses, and part of the 18th Verse. Then saith He unto him, A certain Man made a great Supper, and bad many: And sent his Servant at Supper-time to say to them that were bidden, Come; for all things are uow ready. And they all with one Consent, began to make excuse. From this Text and the Context, wherein our Blessed Saviour sets forth His Parable of the great Supper, I observ'd, these Chief Things; viz. I. The Person Inviting. II. The Thing He Invites to. III. The Company Invited. IV. The Place of Invitation. V. Ult. The unworthy Refusal made by them that were Invited. In my Explanation of those several Particulars, I shew'd How in that Parable Our Blessed Saviour sets forth this great Truth, viz. That ALMIGHTY GOD lovingly invites Men to His Kingdom of Glory and Happiness, and They often unworthily reject His most gracious Invitation, as being more taken with the Things of the Earth here below, than with those infinitely better Things that are in Heaven above. Having enlarged upon all those Points, and endeavour'd to incline the Hearts of my Hearers to obey CHRIST's Call, and accept of the Felicity they were invited to, by HIM in whose Presence is fulness of Joy, and at whose Right Hand there are Pleasures for evermore; I did, for a Conclusion of the Whole, in a special manner apply my self to the Persons Condemned, whom I exhorted, more and more to take an impartial Survey of their past vicious Lives, seriously to consider their present dismal Condition because they had Sinned, and effectually labour to prevent their future miserable State, and obtain (through CHRIST's Merits) a Life of Endless Happiness in the next World, by making a wise Use of their few remaining (and therefore precious) Moments in this; that they might be at Peace with GOD, with their Neighbour, and with their own Consciences, before their Great Change came, which was now so near at hand. As they were attentive to my publick, so likewise to my private Instructions and Admonitions, wherein I represented to them the Deformity, Odiousness, and lamentable Consequences of Vice on the one hand, and the Beauty, Loveliness, and blessed Effects of True Religion and Virtue on the other; shewing them, that according as they now lived and dy'd, they should be either Happy, or Miserable for ever. In these they were fully taught, and seem'd to be very clear: And I hope they were most (if not all) of them well dispos'd. The respective Accounts which they gave me of Themselves are as follow. 1. Henry Broom , condemn'd upon Five Indictments, viz. First, For breaking open the House of Mr. Samuel Russel , and taking thence 6 Pair of Holland Sheets, 11 Holland Shirts, 11 China Plates, and other Goods, on the 15th of December last. Secondly, For a like Burglary by him committed in the House of Mr. James Lamb , stealing thence a Sett of Crimson Damask-Window-Curtains, a Sett of other Window-Curtains of Straw-Colour, a Silver Tea-Pot, a Silver-Mug, a Silver-Porringer, 5 Silver-Spoons, 15 Gold-Rings, and other Things, amounting to a considerable Value, on the 21st. of that Month of December: Thirdly, For another Burglary (much of the same Nature with the former) which he committed in the House of Mrs. Mary Jackson , taking thence 7 Silver-Spoons, some Silk-Window-Curtains, &c. on the 9th of April last: Fourthly, For a like Burglary in breaking open the House of Mrs. Elizabeth Gordon , and stealing thence 4 yellow Silk-Curtains, a China Bason, a Sugar Dish, and other Goods, on the 19th of the said Month of April last: And Fifthly, For breaking, in like manner, the House of Mr. Claude Hays , and taking thence 57 pound Weight of wrought Turkey-Silk, value 50 l. &c. of all which Facts, and of many more, he confess'd he was guilty, particularly of that (not yet discover'd) which a little before last Christmas, he committed in Mr Webb a Weaver's House over-against the Broad way in Spittlefields , which he broke open about 2 or 3 in the Morning, and stole from thence 5 Pieces of Garden Sattin, 2 Piece of plain Sattin, 57 Yards of white Mantue-Silk, and other Silks, amounting together to a great Value, which he sold for 30 l. only to two Women, that now keep out of the way. He said, That though he had done many ill Things, yet he never was punished by the Hand of Justice before now but once, when he received a Whipping for a small Felony; for all other Criminal Facts he had committed, came but lately to be made known. And further, this Account he gave of himself. He said, he was 23 Years of Age, born in the Parish of St. Ann in Westminster ; and brought up to the Sea : That in the last Reign he serv'd two Years on Board the Sea-Horse, a 6th Rate Ship, whereof Captain Arundel was then Commander: That when he was discharged from his Sea Service, he lived at Land, and continued without any Employment for a considerable Time: That not knowing what Shift to make for a Livelihood, he betook himself (by the Instigation of other wicked Men) to very ill Courses, and had within these 4 Years past, committed several Burglaries and Robberies; and in those pernicious Practices, was so far engag'd, that though he more than once resolved against them, yet could not leave them off. Upon which I told him, That this must needs arise from his not using diligently the proper Means, by which he might have obtained Spiritual Strength to resist all Temptations to Sin. What those Proper Means were, and what he should now do in order to have all his Sins Pardon'd and his Soul sav'd, I laid before him, and I hope he follow'd my Directions herein. He told me, that he daily was endeavouring to make Satisfaction to the Persons he had robb'd, by giving them such Informations as he could, of their Goods; of which (he said) the Evidence against him, now in New-Prison , might give better; if not, he fear'd those Goods could not be had again, and he was sorry for it. He begg'd Pardon of God for all his Transgressions, which he declar'd to be no other, than such as most Men were subject to, saving the Crimes beforementioned, which he also pray'd Them, whom he had thus wrong'd, to forgive him. 2. John Wood , condemned with Stephen Margrove , hereafter mention'd, for an Assault and Robbery by them jointly committed on the Person of George Smith , taking from him 22 Shillings on the 18th of January last, He said he was 22 years of age, born at Winchester ; That he came up to London when very Young: That soon after he got into Service , and lived several Years (alternately) with divers Honourable Persons, by whom he was entertain'd, sometimes in the Capacity of a Footman , at other times in that of a Butler , and often in both those Capacities at once; and, That the last Service he was in, he quitted about 9 Months ago on account of his Lady's disliking of him. He protested, That he was Innocent of the Fact he stood Condemned for, but at the same time freely confess'd he had been (otherwise) an Ill-liver, as having frequently profaned the Lords-day, much neglected the Service of God, both publick and private, and often yielded to the Devil's Temptations, by which he was brought to the Commission of those Sins so common among Men, and so heinous withal, viz. Swearing, Cursing, Drinking, Adultery, Fornication, &c. All. which he said he now abhorr'd, and truly repented of; praying God to for give him all his Sins of what degree or nature soever. And here (after he had long persisted in his Denial of the Crime he was to suffer for) he at last acknowledged it, and the Justice of his Sentence upon it; adding, That of late he had made it his Wicked Practice, by using some undecent Gestures, to induce Men to Sodomy, whom he fancy'd might be inclinable that way, as if he would have yielded his Body to that foul Act; but when he had taken the Money agreed upon beetween them for it, he deceived them, and told them, that he was not for their Sport; and he must have more of their Money, or else he would accuse them, and defame them When he now came to himself, and consider'd this, and other his heinous Offences, he express'd great grief for them, as Stephen Margrove , (hereafter mention'd) did for his, who had committed the like Undecency and Cheat. 3. Stephen Margrove , condemned for the same Fact, committed with the said John Wood . He said, he was 21 Years of Age, born in Catherine-Wheel-Yard in the Parish of St. James in Westminster : That he had been 6 Years a Servant in a Coffee-house near Charing-Cross ; and afterwards lived with a Gentleman for sometime: That having quitted this Service, he got into another, which was that of waiting on a Cornet in the Regiment of Dragoons then at Worcester : That the said Regiment being broke, his Master the Cornet, who had no further occasion for him, discharg'd him about a Twelve-month ago: That from that time he remain'd without any Employment, saving, that (now and then) he did some Business for One that kept a Toy-shop at Tunbridge ; and that, when out of Service, he lived mostly upon his Friends; some giving him Victuals, others Lodging, and others Washing. He deny'd the Fact he stood condemn'd for, and said, he never was guilty of any such Crime, nor any other; and, That he was not in the least addicted to the common Vices of Swearing, Cursing, Drinking, keeping Company with lewd Women, &c. But after his loud Protestation of Innocence as to this Robbery, he at last confess'd his being concern'd in it; adding, That he had often allured Men (whom he supposed to be given) to Sodomy, but never suffer'd them to proceed to that foul Act with him, his Intent being only to get some Money, which he extorted from them by threatning them, much in the same manner as John Wood did. He acknowledg'd this was a great Offence, and therefore humbly begg'd Pardon of God, and all he had offended, to whom he could make no other Satisfaction. 4. Richard Williams , condemned for Assaulting and Robbing Mr. Ralph Courtney , taking from him 42 Shill. on the 9th of April last. He said, he was 21 Years of Age, born in the City of Hereford , and lived there with his Father 'till about 6 Years ago, at which time he came up to London , and was bound Apprentice to a Brazier : That after he had served two Years of his Apprenticeship, his Master dying, he got into another Service, and always behav'd himself honestly. He at first deny'd the Fact he stood condemn'd for, but afterwards confess'd he was guilty of it: And further declar'd, That for these two Years past he had been acquainted with John Wood and Stephen Margrove (beforementioned) and used their filthy and cheating Practices; but said he never committed that foul Sin of Sodomy, though he made a Shew, as if he would have inticed other Men into it; but it was only to get their Money. He said, he was sensible this was a great Offence, and therefore begg'd Pardon for it; as likewise for the Sins of Swearing Drunkenness, Profanation of the Lord's Day, and neglecting of all Holy Duties, &c. of which, he told me, he repented from his Heart, and that he hop'd, GOD for CHRIST's sake (as he humbly implored) would be merciful to him, and forgive him. 5. Abraham Wood , condemned for Assaulting Mr. John Brown on the High-way, and taking from him a Hat, a Silver Buckle, 2 Handkerchiefs, and 8 Shill. in Money, on the 10th of May last. He said, he was 19 Years of of Age, born at Epping in Essex : That his Father dying when he was very young, and leaving his Mother very poor, with 6 small Children; the Parish bound him Apprentice for 14 Years to a Shoemaker in Little George-Ally in Spittlefields : That he serv'd 8 Years of his Time, and then went from him, grew very loose, and had been so for these 2 or 3 Years past: That after he had thus left his Master, he served a Drover ; but indeed his chief Employ ment within that Time, was that of Pilfering and picking of People's Pockets. He further confess'd, That he had altogether neglected the Service of God, had profaned the Lord's Day, and been too much given to Swearing, Drinking, and Whoring. And as to the Fact he stood Condemned for, he did in effect confess it; saying, That he follow'd Mr. Brown with an Intent to rob him, but did not do it himself; his two Companions (not yet taken) he suppos'd, did it. He was very ignorant, and could not so much as read, and seemed at first very little concern'd; but afterwards he became more serious, and express'd great Sorrow for his Sins, which he pray'd God to forgive him for CHRIST's sake. At the Place of Execution, to which they were carry'd from Newgate (in two Carts) this Day, I attended them for the last time; and two of them, viz. John Wood and Richard Williams , declar'd to me (as they had done twice before) That Edward Irons , who is accused to have robb'd a Porter on the Highway, and taken from him a Neckcloth and two Shillings and Six Pence in Money, is innocent of that Fact: That themselves, with another lately gone into the Country, were the only Persons who did it; and, That the said Edward Irons was no ways concern'd with them in it. After they had made this Declaration, I pray'd by them, and desir'd them all to clear their Consciences in every thing. To which they answer'd, They had no more to say, but that they died in Charity with all Men; and desired the Spectators would pray for them, and that all (young Men especially) might take Warning by them. Which they having said, I pray'd for them again, and sung some Penitential Psalms with them: I also made them rehearse the Apostles Creed, and wish'd they might obtain that Life Everlasting, which they had now profess'd to believe; and, That the LORD JESUS CHRIST would please to say to every one of their Souls (as He once did to the Penitent Thief on the Cross) To day shalt thou be with me in Paradise. Thus having recommended them to the DIVINE GOODNESS and MERCY, I withdrew, and left them to their private Devotion, for which they had some time allotted them; and just as the Cart was drawing away, each of them earnestly cry'd to GOD for Pardon and Grace, in these and the like Ejaculations. LORD, have Mercy upon me! LORD, comfort thou me with thy Spirit! LORD JESUS, wash away my Sins in thy most precious Blood! LORD, he thou my Helper! LORD, I come, I come! LORD JESU, receive my Soul! &c. This is all the Account here to be given of these Dying Malefactors by me, PAUL LORRAIN , Ordinary . Monday, June 8th. 1719. ADVERTISEMENT. ROBERT WHITLEDGE , at the Bible and Ball in Ave-Maria-lane , Selleth all sorts of Bibles and Common Prayers, viz. The Three new large Folio Bibles, printed at Oxford: The English and French Common Prayer: All sorts of Common Prayer-books, illustrated with Sturt's Cuts, Vander Gucht's best Cuts or painted Cuts rul'd or unrul'd) or without; bound in Shagrine, with Silver Work or without, or in any other manner of Binding: Neat Pocket Bibles, with the Cambridge Concordance, Books of Devotion, the Sacrament, History, &c. And all sorts of Bibles, Common Prayers, and other Books for the Use of Charity (and other) Schools. Likewise the Statutes at large, Books of Homilies, Duty of Man, &c. and Letter-Cases of all sorts, by Wholesale and Retail. Note, Also Welsh Bibles and Common Prayers. Next Week will be Published, printed for Sam. Briscoe , at the Bell-Savage on Ludgate-Hill . THE Works of Mr. Tho. Brown , Serious, Moral, and Comical, in Prose and Verse, with his Amusements: Adapted to the Meridian of London, at the present Time: And Letters from the Dead to the Living, corrected from the Errors, of the former Impression. Adorned with beautiful Cuts, newly designed and engraved by the best Masters. To which is added, The Life and Character of Mr. Brown and his Writings. Now recommended to the Publick by Sir Richard Steel . In Four neat Pocket Volumes, on a new Elziver Letter. London: Printed for Samuel Briscoe , at the Bell-Savage on Ludgate-Hill . 1719.

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A True ACCOUNT of the BEHAVIOUR, CONFESSION, AND Last Dying SPEECHES, Of the Criminals that were Executed at TYBURN, On Wednesday the 28th of February, 1694. ON Fryday, the 23d of February, 1694. at the Old Baily, Eighteen Criminals, received the Sentence of Death, Sixteen Men, and a Woman, with a young Girl; both for Clipping the Current Coin of this Nation. Whereof Seven Men were in the Dead Warrant, to be executed at Tyburn, on Wednesday the last of this Month. The Ordinary visited the Condemned every day, till their Execution. On the Lords day he read Prayers, and preacht twice on this Text, viz. the 24th verse of the 15th chapter of Solomons Proverbs, The way of Life is above to the wise, that he may depart from Hell beneath. For the explication of which words he shewed several particulars. First, Who are counted the Godly wise, and wherein divine wisdome exercises itself. Secondly, That the truly wise decline such sins, which directly and naturally tend to Hell beneath, or the Grave, by an untimely ignominious death of the Body. Here was shewed, what such sins are, and how godly wisdome is a preservation, or effectual Remedy against them. Thirdly, What are the several ways of desperate confirmed wickedness, which lead to Hell in eternal Torments. Fourthly, Wherein Godly wisdom promotes the Spiritual life of the Soul, which is infused from above, and tends to the inheriting Celestial Glory. The First Head. Who are counted the truly wise, and wherein do they manifest themselves to be such. 1. Those who imbrace the Lord Jesus Christ by Faith, who practice universal, constant, sincere and chearful obedience to his Sacred Laws. Such only are wise to eternal Salvation: All other knowledge of the deepest Secrets in Nature vanish most-what into Pride, Ostentation, and endless Strife. The two great ends of saving knowledge, are to communicate it to others, and to obey the light, which we possess within our selves. 2. Such know how to manage every state and condition of this present life, so as to abound without pride, and to want without complaint. 3. They strive to secure the great Interests of the other world, by valuing persons and things; not according to fleshly appearances, but as they will hold out, in the Estimation and Advantage, when the Frame of Heaven and Earth shall be dissolv'd. 4. They foresee an impending Storm of Divine Judgment, so as to hide themselves in Time, under the Wing of Gods Protection. They chuse proper, suitable and effectual means, to attain a blessed Immortality. 5. They set a Watch over their Hearts, as studying to approve themselves rather to God, than their Conversation to Men. Thus they arrive to the reward of Eternal Life in Celestial Glory. But the present and future state of the Ungodly, is far different. The highest Advantage which they shall reap from such a vile thing as Sin, shall determine and center, in grasping nothing but Shame, Reproach, and Eternal Death. Sinful Folly is worse than Natural in Idiots. These may for the defect in their understanding expect some mittigation of their crime and punishment: But to fell a mans felt to Satan and his Lust, is to sink himself into a state worse than Brutal. Thus an hardned customariness in sinning, naturally tends to Hell, as the center of a consummated state in wickedness. Yea, were such admitted into Heaven, yet they would count this place of Blessedness an Hell of restless torments, because of a total unsuitableness to Gods holy nature, who cannot indure to behold the least spot of Iniquity. Therefore, sinners not purified by the merit of Christs bloodshed, and the renewing virtue of his Spirit, shall never be admitted into the regions of celestial light, in a glorious enjoyment of God to all Eternity. The Conclusion was thus directed to the Condemned. How devoid of common understanding are such, whose steps take hold of Hell, by a wilful course in sinning, as if they could not sufficiently insure, the intailment of Damnation upon themselves. Let me argue the Case with such spiritual Phrenticks. Why do ye conceit your selves wise in despising the sacred Oracles of the most high? Are not these the infallible Rule of Humane Conversation? Are they not that Standard of Righteousness, which shall convince all impenitent Sinners, how justly their Souls shall be condemned to Eternal Torments? Is not this the heighth of Folly and Madness, to despise that Divine Wisdom, which, as the Tree of Life, offers to stretch out her self for Eternal Safety, to such who shall take hold of her, to sit down under the Shadow of her Protection? Were men truly wise they would not dare to scoff at the Venerable Mysteries of Religion, nor the Commendable Pursuit of a Virtuous Life and Conversation. Yet strange it is, that Sinners will not be convinced of their Self cruelty, in ruining their precious Souls for Trifles, and the momentary Sceens of destructive Pleasures in the Paths of Vanity and Prophaneness. Consider that the way of Life, the Safety and comfortable Injoyment of it, is only, in lifting up the Soul to God, by a delightful Coutemplation of his infinite Perfections, and in a divine Conformity thereunto. This will secure us against those Trains of Temptation, which are laid by Satan and the Lusts of our own heart, to betray us to Hell in the Regions of Eternal Darkness. Therefore trust not your own hearts, which are deceitful above the subtilty of the old Serpent. Take heed of dreaming that you are the Heirs of Heavenly Felicity, and yet may remain Satans Bondslaves: Oh how sad is this to drown in the sight of a Rainbow; to perish in the Deluge of Gods Wrath, by admiring the specious deceitful vanishing Shadows of a defective Righteousness. Implore the Lord therefore, to send forth the light of his sanctifying Truth, to beget and preserve spiritual Wisdom in your Hearts: So shall you be exalted to safety, in being set above the slavish Fear of Death. Permit Divine Wisdom to guide your Feet into Paths of Piety in this World, and it will not fail to admit you into the Felicities of Celestial Blessedness to Eternity. After the Lords day I visited the Condemned, and inquired what Impressions the Prayers and Sermons made upon their Hearts. They generally reply'd, that they were made sensible of their evil Lives, and hoped that they repented. Hereupon, I advised them not to mistake a slight sorrow for Sin, as if this could make satisfaction to God for the Excesses of a vicious Life. And because I have observed many dolorous complaints of Criminals against themselves to vanish away, upon slender Hopes of a Reprieve, I exhorted them to beg of God, that he would carry on their Convictions to a thorow Conversion. At another time I stated the Nature and Effects of true saving Faith and Repentance, from that which is false. Afterward I required an account from them, in what preparation they were for Death and a Blessed Eternity. I proceed to give you an Account of the Behaviour and Confessions of the Condemned Criminals. I. William Gillet , Condemned for stealing Hats; born in St. Georges Parish , in Southwark . He served under Glass-makers , but had been addicted to a vicious Life: For he plaid on the Sabbath in the Streets; and was guilty of Swearing and Lying, was very ignorant in matters of Religion, and little sensible of his Sins. II. William Breed , alias Buckingham , Condemned for Felony, aged 15 or 16 Years. He was born in St. Giles in the Fields : He cried Mats about the Streets ; afterwards joined with bad Company. He said, that he sadly brake the Sabbaths, and that he gamed on that day. That he had been drunk, and often swore: That he was very disobedient to his Parents, especially to his Mother, which was occasioned by her Tenderness over him. III. William Evans , Condemned for stealing a Horse, aged about 19 years, born at Meldrid in Cambridgshire . His Father employed him in Husbandry ; but he grew idle, and leaving his Father, he brake the Sabbath, and was given to Drunkenness and Sweating. IV. Samuel Smith , Condemned for Felony aod Burglary, aged 21 Years, born in St. Giles in the Fields . He was a Fringe-maker , but grew wanton, and would not be ruled by his Parents. He said, that he served King William in Ireland and Flanders , but left that Employment, because he was disabled by some wounds. He had been guilty of Swearing and Drinking excessively. But now he said, that Sin was his Burden, and that he grieves chiefly for offending Cod. V. John Salter , Condemned for Felony, about a Robbery in Surry , aged 22 years; born in Buckinghamshire . He was brought up to Husbandry , but left that employment, and joyned himself to bad company. He prophaned the Sabbath, and was addicted to Swearing and Drunkenness. He said that he was a great sinner: but he hopes that by Gods mercy and Christs merits, his heart will be contrite for offending God, and giving evil example unto others. VI. Richard Lorreiner , Condemned for picking a Pocket, aged 16 years and a half, born in White-Chappel Parish . His employment was in driving Carts ; He went not to Church on the Lords day, but played at Marbles; He sometimes swore prophanely; But said, that now he mourns for his sad distress; That he reads night and day; That he prays, Gods Spirit would change his heart, that he may be fit to dye. If he may be spared, he hopes that he should not joyn again with bad Company. VII. Henry Hooper , Condemned for stealing a Horse, aged 32 years; born in Norfolk . He was a Horse-Courser , and said that till of late, he drove a Hackney Coach : He was ignorant in matters of Religion, and confest only in general, that he had sinned, and led an evil Life, but did not express in what particulars. VIII. John Edwards , Condemned for Felony, aged 25 years, born in Aldgate Parish . He was a Plaisterer . He denied not that he joined with others in stealing broad Cloth, and that he had 25 s. of the Mony, for which it was sold. He wept. I askt him why? he said for his sins; and that now he hoped, he hated sin, more than he loved it; that his heart is set against all sin; saying, that if he might have his life spared, he would go again to his Trade of Plaistering, and never more commit any unlawful Act. IX. Thomas Kerton , Condemned for Felony, aged 20 years, born in Shorediech Parish . He bought old Clothes, and some times Ends of Gold and Silver . He confest, that he would not be ruled by his Parents, and so fell into bad Company; He Played on the Sabbath day in the fields; He was sometimes drunk; He said that he did not fear God, but now he grieves for his sins, and prays that his heart may be changed, and that he may no longer be left to himself. X. John Riggs , Condemned with Robert Lewis , and Jasper Marry , for Felony, and Burglaty, aged 24 years, born in Bishops-gate Parish . He was a Weaver , but left that Employment, being drawn from it by bad Company. He said that he much broke the Sabbath, which brought him to this sad condition. He was disobedient to his Parents, and guilty of many other sins; That God had brought him to publick shame, and he desired to repent of all his Sins. XI. Robert Lewis , Condemned for the same Felony and Burglary, aged 26 years, born in Barkshier . A Butcher by Trade in St. James's-Market . He left not his employmen above a month: That he was much in debt. He said that four or five joyned in the Robbery, but did not name them. He denied that he brake into the House, yet confest that he did share with others in the stolen Goods. He said, that he did sometimes drink excessively, and swear prophanely, but he desires to repent, that he hath set such a bad example to others, and prays that his heart may be more softed. XII. Jasper Marry , Condemned for the same Felony and Burglary, refused to come at any time to the publick Prayers and Exhortations. Therefore I called to him in the stone Dungeon, and offer'd to pray with him, but he utterly dejected the motion, saying that he was a Romanist, and would not hearken to any advice which I would have given him, to convince him of his false Religion. XIII, XIV, XV. The like refusal was made by Simon Betts , Richard Betts , and Thomas Michel , who said that they were of another Religion; I offered to pray with them several times, but they persisted in their impenitent behaviour: These three were condemned for Felony and Burglary. XVI. Margery Townley , Condemned for Clipping the current Coin of this Nation, but reprieved as being quick with Child; Aged 29 years, born in Barkshire : For twelve years last past, she sold Fruit in the Market . It is a quarter of a year since she left that Employment, being (as she said) tempted to clipping of Mony, but would not name by whom. She confest that she was guilty of Swearing, and often broke the Sabbath. XVII. Frances Wroth , Condemned for Clipping the Coin of this Kingdom, aged about 12 or 13 years, she was born in Westminster . She served a Gentlewoman some time, but being tempted by bad Persons, particularly, by one Hurst, she committed the Crime, saying, that Sabbath breaking, Lying, and other Sins, had brought her to this. She seemed penitent. Lastly, Thomas Granger , Condemned for breaking a House in the day time: He denied not the crime. He said, that it much troubled him that he did not take former Warning; That he had offended God in a great measure, so that he fears his Prayers will not be heard; That he had sinned against Convictions in his Conscience, yea against Vows and Resolutions to break off many evil Courses; That he doth earnestly beg of God, to work in him nnfeigned repentance; That he desires all persons whom he hath wronged, to pardon him, because he is willing to make restitution, but cannot, having nothing left wherewith to do it. He wept much, and I hope was penitent. On Wednesday, the last of February, 1694, Seven men were carried from Newgate to Tyburn, to be Executed, viz. Jasper Marry a Sweed, Simon Betts , and Richard Betts . These three declared themselves to be Roman Catholicks. Marry prayed out of a Popish book, and often kissed it. Richard Betts prayed affectionately for himself; Simon Betts , his Brother, did the like: They desired, that every Person whom they had injured, would forgive them. The other four Persons, were these who follow in the account, viz. John Riggs , he being tied up, prayed thus for himself. O thou Eternal God, the Judge of all Men, thou knowest that I have been a very great Sinner; yet for thy Mercy sake, give me one Glimpse of thy Conntenance to support and comfort me: Oh do not reject me, tho I have aggravad my Sins against the Convictions of my Conscience. Do not only pardon me, but sanctify my heart, and fit me for thy Heavenly Kingdom. He warned the Spectators not to brake the Sabbath, which he often did, and this led him to the Commission of gross Sins. He said, Take heed how you keep Company with lewd Women, and become unclean with them. This Sin now much wounds my Conscience. It puts upon stealing to satisfy their Lustt. He said, that since two Sessions last past, he being at Liberty, would not take warning, but had committed many Robberies, yet not Murder at any time. I askt him and the other Criminals, whither any of them knew of any concealed Murder. They replied No, neither had been guilty of any. He wept very much, acknowledged Gods Justice, and died penitently. Thomas Granger , He prayed for himself, and wept; was very composed in dying, resigning himself submissively to Gods mercy, in Christ. John Salter , prayed and showed some signs of sorrow. Robert Lewis said the Lords Prayer, but did not give such evidence of Penitency, as the other persons. After the Ordinary had exhorted and prayed for them all, he committed them to Gods mercy. After they had again prayed for themselves, the Cart drew away, and they were executed. This is all the Account I can give of this Sessions, Licensed, March, 1st. Sam. Smith, Ordinary. ADVERTISEMENT. On Ludgate-Hill, next Door to the King's-Arms Tavern near Fleet-Bridge, any Person may be furnished with a Water for taking away the Freckles, Pimples, Worms, and Morphew in the Face, Elixir Salutis, Balsamum Vitae, Tinctura Vitae. An excellent Water and Ointment for the Eyes. Ointments for the Rickets, Burns, Scalds, Wounds, Aches, Sprains, &c. Powders, Dentrifices, Elixirs, Essences, Oils, Spirits, &C. For the easing and curing of most Distempers incident to humane Bodies. Prepared and sold by B. L. LONDON, Printed for E. Mallet, at Sir Edmundbury Godfrey's Head, near Fleet-Bidge, 1693.

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A True Account of the Behaviour, Confession and last Dying Speeches of the Condemned Criminals, that were Executed at Tyburn on Friday the 23d of this Instant April, 1697. On the Lords-Day, after the Condemnation of the Condemned Criminals; a Sermon was Preacht on this Text, Luke 22. 61, 62. And the Lord turned, and looked upon Peter; and Peter remembred the word of the Lord, how he had said unto him, before the Cock crow, thou shalt deny me thrice. And Peter went out and wept bitterly. IN these Words you have several Doctrinal Observations which I shall treat on by way of Introduction to the last Verse. Observe, that before Peter went out of the High-Priest's Hall, where he denied Christ, to consider of the vileness of his Sin; Christ turned himself to look on Peter: Observe the gracious Disposition of Christ, he did not so much care to vindicate himself from the Jews false Accusations, thereby to consult his own safety, as to recover Peter out of the Swounding Fits of his Faith. Christ is very Compassionate toward Backsliding Souls, when they Sin out of infirmity rather then any Deliberate purpose; yet, Peter melted not into Tears till Christ lookt on him. Observe, That the very first Reflections on Sin, spring from Preventing Grace. We can soon harden our Hearts in Sinning, but we cannot soften them in the least Degree, unless Christ join the Power of his Divine Spirit with his pittiful look, to Mollify and Affect the Heart with the Sense of Sinning. Thirdly, Peter Mourned not till he remembred Christ's Words, which warned him that he would deny Christ. The word of God is mighty in Power, to work on Sinners Hearts, when set home by the Authority of Christs Spirit, altho' it failed to keep them close to their Duty through forgetfulness or want of intensive Consideration. Bless the Lord if he read you a Lecture of Repentance in the troublesome Convictions of your Consciences; no doubt Peter did thus, for when he heard any Cock crow he wept bitterly for the denial of his Lord; yet merrily to shed Tears for Sinning, is not essentialy necessary to Demonstrate the sincerity of Repentance. Tears shed by the Facility of a natural Constitution, are no Proof of such a degree of Sorrow in the Heart, which attend the forming of the new Creature in Christ. Judas in his sorrowing for betraying Christ, sought to work off the horrour of his Conscience, yet had no sincere Desire to get his Heart changed: But St. Peters Tears did flow from the Spring of a contrite Heart, whither Sinners shed Tears more or less, if the Heart be in the Work of Godly Sorrow, this Intitles them to the promises of Comfort. If any Man shall pretend that he never denied Christ as Peter did, and therefore need not mourn with any bitterness of Spirit; let me ask such a Man, whither he never did Imprison any Truth of Christ in Unrighteousness of Life; is not this to exceed the Jews in Cruelty, when wilful Sinners presume to dig new and deep Wounds in Christs Heart, by the indulgence of any Lust? I shall proceed to Treat of St. Peters Preparation for his Repentance in his going out of the High-Priest's Hall, that he might better consider the greatness of his Sin. Observe that Solitariness affords great Advantages for godly Sorrow to vent its self in a free Current, without Obstruction in privacy; is no Diversion whereby to remit a Soul humbling Disposition for sinning. It is very Observable that when Christ raised Jairus's Daughter to Life, he first call out all the Minstrels, who did allay the Grief of her Friends, or Scoffingly avouched that she was not to be recovered to Life. The Sinner who is dead Spiritualy, cannot be quickned to the Life of Grace, till he stand up from the Dead; till he quit his merry Companions in Sinning, that Christ may give him the Light of Life. Jocund and Sensual Associates will derid the very buddings of Repentance in the Self-abasing Convictions of the Sinner; they will study and strive to stop up those Spiritual Springs of Godly Sorrow, as soon as they are digged. While I commend Privacy for Godly Grief to vent it self with more freedom; I do not intend to excuse all publick Declarations of Godly Sorrow: For in case of publick Scandals, there must be a visible Acknowledgment of grief for offending the Community of Christians; also bold Exemplarities in Sinning is prevented from spreading, while others behold the Pangs and Agonies of Conscience in their Repenting Associates; yet Secret Mourning is least exposed to Pride. Christ encouraged his modest Spouse to Mourn as a Dove silently, in the Cliffs of some Rock: Her Countenance when Furrowed with Wrinckles, by plenty of Tears, was most Beautifully pleasing to Christ; Penitential broken Hearted Sighs and Groans, are the most Powerful Rhetorick to Conciliate Christ's favour. Repentant Tears are a most Beautiful Rainbow, the Comforting sign that God will not drown such a Soul in the Deluge of his Wrath, He will disdain to speak Peace to an Impenitent Sinner: He will not give such a good look, but will frown them into the Regions of Eternal Darkness. The conclusion was thus Directed to the Condemned. Suffer me to make some Scrutiny into the Nature of your Repentance: Is it Voluntary, and not extorted out of present Passionateness of Spirit, for contracting publick Shame and Punishment? Do not your Tears dry up, upon the notice of a Reprieve? And your Lusts take deeper Rooting? Doth your Sorrow contract your Heart in Lusting after Worldly Vanities? And enlarge them in seeking after the Vniversal change of your corrupt Nature? Doth your Mourning sigh the Old Man your Lusts grown up into a Customary Familiarity, Into a speedy Consumption? do you rend in peices with delight the whole Body of Sin? And to make sure, that being mortified, it shall no more revive in the Love and Indulgence of any Lust. A true Penitent will not so easily be Reconciled to a good Opinion of himself, as God is ready to Pardon him upon the least budding of a tender Sense in Sinning; yet, How hath Sin spread its Infection in you? To the very Vitals of Modesty: Your Souls Leprosy is in a manner deadly and Incurable; for when one Sin hath seemingly been healed, a worse hath broken out, yea, took deeper rooting in the Love of it. Have you not hardned your Hearts against the loudest Call of God, that you would Repent and Turn to him by the amendment of your Lives? How many sad warnings have been set before you, of Adjuging Sinners to a suddam Ignominious Death? And yet you have not dreaded such examples of Justice bleeding every Sessions before your Eyes. Do not persist to put quite to silence the Convictions and Checks of your Conscience, least God resolve that these shall never more warn you or reprove you. Do not Condemn your selves to an utter dispairing of God's Mercy for an indulged Iniquity: 'tis reported that the Crowing of a Cock strikes terrour into the Lions Heart. Real Penitents quite discourage Satan from Tempting them to renewed Acts of Sinning, by being always in their Watch to preserve their Integrity; this you have lost, yet strive to recover it by Repentance; let your Consciences continually beat a very shrill Alarum, to mind you of Death, that you may duely be prepared for it. Consider that the Seasons of Grace and Salvation are short and very uncertain; do not therefore slumber on a Bed of Security in Sinning. Awake Sinner from thy Impenitent State, stand up from the Dead, quit the Company of all Sinful Associates, so shall Christ give thee the light of Spiritual Life and Comfort: Watch for Christs appearing to Judgment, so shall you receive the abundant Reward of Joy and Blessedness, for sowing in Tears in the Valley of this World. Such who watch in a due frame of Heart for their being Summoned by Death to Christs Judgment-seat, shall receive it as a grateful Invitation into the Mansions of Eternal Rest. So shall such feast on the Divinest Pleasures, on the Sensations of Gods Love and Favour, which shall overflow without any Stint or Abatement through all the Ages of Eternity. I proceed to give an Account of the Behaviour and Confessions of the Condemned Criminals. 1. Laurence Wilkinson , Condemned for Coining false Money, aged 35 Years, born in Lancashire ; he was the Son of a Farmer in that County, but was disobedient to his Father, and Married against his consent. He kept a Victualing-house at the sign of Adam and Eve in West-smith-field , he staid there not above one Year. He did not deny that at times he put off bad Money. He seemed Penitent. II. Walter Harding , Condemned for Coining Counterfeit Mony, aged 40 Years. He was born on the edge of Herefordshire . He was a Silver-Smith in Coleman-street . He did not utterly deny the Crime, but confes that he did put of bad Money among some which was good. He acknowleged that he had in a great measure offended God, and had continued in a bad Course of Life, for which God now justly brought the Sentence of Death upon him; but said, that he often pray'd that God would make use of this distress to bring him to Repentance. He said, that it is grief to him that he is among the common Criminals, and cannot have any privacy to be more serious and settled in his Thoughts of God, and to prepare with more freedom of Mind for his Death. III. Richard Gates , Condemned for Robbery on the Highway aged 24 Years. He was born in Gloucestershire . He said that this was the first Crime which he Committed; and believes if he may be spared, he would mend his Life. But he prepares for his Death. IV. John Allen , Condemned for Robbing on the Highway and a Burglary, aged 26 Years. He was born in Southwark ; was Apprentice to a Weaver , but being not willing to take pains in that Employment. He ran away from his Master, and fell into Thieving Company. That he had led a Sinful Life, in breaking the Sabbath; yea, that he was guilty of all sorts of Sinning, Murder only excepted. But now he said, that it grieved him for offending God, and that he is no more sorrowful for his vicious Courses. He said, that altho' he did not shed Tears, yet he hoped that he was Penitent, and doth what he can to fit himself for Death. V. Hannibal Roscarrit , Condemned for Murthering his Wife. He was born in Bodmin Town in Cornwal . After his being bred up at School, he said, that he lived with a Gentleman in Devonshire for the space of Seven Years, but leaving that Service , he lifted himself a Land Soldier , under King William for eight Years past. He said, that he was Wounded, and made thereby unfit for any farther Employment; whereupon he obtained the Favour of being a Pensioner to the King. He denied that he had been guilty of any Robbing; yet confet that he had broke the Sabbath; that he had several times Swore and Cursed, and been excessive in Drinking. I Inquired of him what was the occasion of Killing his wife. He said, that he did not bear her any Grudge, for she did accompany him into Flanders , and employed her self there, in washing the Officers Linnen. That they had lived Peaceably together. But said, that his Brain being inflamed by excessive drinking Brandy, he was not in his Senses when his Wife was killed; but he bore her no Malice, for she was a loving Wife. I endeavoured to Convince him, that his former ill course of Life, of which he was insensible, had exposed him to this Barbarous Crime. He said that he remembred not, when, or how it was done. The truth is, he was not so sensible of it as he ought to have been, but lessened the Fact. VI. Zippora Ireland , Condemned for the Murthering of her Child. She was born in Bristol. She wept. I asked her whether she was guilty of the Crime. She assured me that she would reveal the whole Truth. She said, that she had good Education in Bristol ; but being of a rambling Temper, she was desirous to come to London , that she might see the Fashions of this City. That when she came hither, she brought with her Money to maintain her; but being acquainted with a Seaman, she Married him. He soon left her to go to Sea, and made no provision for her in his Absence. She did not deny that she was delivered of a Child, but confest that she did not in the time of its Birth call any Persons to her assistance That she did endeavour to conceal the Birth of the Child; but had no Design to kill it. She said that being unskilful, and in much Torment, she might unwillingly Occasion the Childs Death, but she laid no violent Hand on it. She wept and said, that this untimly Death on my selfe is just from God, for offending him in many Passages of my Life, for it hath not been according to the good Education given me, and against my knowledg in better things. VII. Sarrah Morris , Condemned for willfull Murder Aged 0 Years, she was born in Drury-lane , and hath been (she said) in Prison two Years. She said, that when she was Condemned to dye, she pretended she was wiht Child, and so was Reprieved; and now is called to her former Judgment. Her Employment was in clensing Gold and Silver Lace; but she was addicted to keep bad Men Company, and had led an ill Life. But now she begs of God to work in her Repentance for all her Sins, that Death may not be terrible to her. The other Condemned Persons, viz. Thomas Archurch , for Tresaon, Joseph Higginbottom , for High way Robbing, William Molton , for High-way Robbing, Richard Parsons , for a Burglary, John Spires , for a Burglary, Were stubborn and Insensible. On Friday the 23d of April, John Allen , Walter Harding , John Alderidge , Laurence Wilkinson , Thomas Achurch , John Spires , Ingell Green , Richard Parsons , Sarah Morris , Diana Cox , were Convey'd to Tyburn , were being tied up, Walter Harden , Confessed his Fact, and said, that his Wife was no ways concerned with him in the Fact, for which he suffered, and seemed Penitent. John Allen , speak but little, praying inwardly to himself. John Aldridge lamented his Condition, saying he died in Peace and Charity with all Men; he owned the Fact, and forgave them that Swore against him, he declared that he was heartily sorry for having wrongfully accused on Gabriel Harris a Stationer of Gloucester , and begged that he would forgive him. Laurence Waikinson , declared that he was Guilty of the Fact for which he suffered; saying he was born of good Parents, who gave him good Education; but he falling into the Company of leud Women, and such who followed the Pernicious Trade of Coining, brought him to this untimely end. Thomas Achurch , speak little, only saying that he trusted in the Merrits of our Saviour Jes Christ. John Spires , desired that all good People would pray for him, and said, Oh! Lord soften my Heart, I am a great Sinner, and have been Guilty of all manner of Sins except Murther; Oh! Lord have Mercy upon me, I have spent 25 Years in Wickedness, and have lived but five Days to thy Glory: I do desire all that I have wronged, to forgive me, for I am not able to make Restitution. I declare I was formerly Indicted for Stealing two Silver Tankards, the one a double one, from Mr. Cob in Covent-Garden , and the other from Mr. Humphreys in King-street ; and as I am a dying Man, I know nothing of them. He confessed the Fact, and said that he stood at the Door when the Robbery was commited, but was never in the House, and had a small share in the Booty. Ingell Green , being a Dutch Man, praied in his own Tongue. Richard Parsons owned that he died a Roman-Catholick ; but praied after his manner. Sarah Morris Confessed her Fact, and lamented her Condition. Diana Cox Confessed the Fact, declaring that there was two more in the Robbery besides herself; she wept sadly. Mr. Ordinary prayed with them, and Sung a Penitential Psalm. They were turn'd off. This is all the Account that I can give of this Sessions. Sam. Smith , Ordinary . Dated April th 23. ADVERTISMENT. THIS is to give notice, That Mrs. Norridge; removed from the Pewterers over against the New-Exchange, to the Linnen-Drapers in the new Buildings over against Hungerford-Market in the Strand; who hath an infallible Powder for the Stone and Gravel in the Kidnies, Stone and Strangury, and Stone Colick, which was left her by her Father Dr. Duncan. One Dose of this Powder generally Cures a Fit of the Stone, but if it be worse than usual, or the Party weak, it may require two: It is Sealed up with her Coat of Arms, in 10 s. Doses for those of full Age, and in 5 s. for those of younger Years. She hath also another Powder that certainly dissolves the Stone in the Bladder and Kidnies, and brings it away by degrees. Any Person may experience this with taking of two Doses, which they may Purchase for 10 s. Therefore she advises those that are troubled with the Stone, to have it by them at Home or Abroad, that it may be ready to serve them upon occasion. It may also be had at Mrs. Billinsley's, at the Printing-Press under the Royal-Exchange, Mrs. Howkins in George-yard Lombard-street, Booksellers London, at the Grecian Coffee-House in Cony-street, and at Mr. Henry Baines 's in York City , at Mr. Ashworths Bookseller in Durham, Mr. Englands in the Side, Mr. Headlems Coffee-House on Sand-hill, and Mrs. Bensons Coffee-House in the Big-Market; all in New-Castle, Mr. Welch Embroiderer in Dublin Ireland, Will's Coffee-House in Sun-lane, Reading, Mr. Fulk's Coffee-House in Salisbury, Mr. Clark Bookseller in Winchester, and at Mr. Eldrige's Butcher in Windsor. She is likewise very expert in Cleaning the Teeth, and setting in Artificial Teeth, and Cureth the Tooth-Ache. She hath also an excellent Water for Sore and Weak Eyes; and Cures the Evil in the Eyes from the Birth altho' it be of along standing or any Inflamation gotten by Cold or Weping it is Sealed up in 12 d. and half Crown Bottles. LOst from Captain Serjant of the First Regiment of Foot Guards, on the 30th of March at the Parade at Whitehall, a Brown Lurching Bitch, her Ears being cropt close, lost about two Inches of her Tail, a small White Speck on each Shoulder, a Black Nose, a White Breast, having lately been Scalded thereon; whoever brings her to Mr. Edward Paige Surgeon , in Goat Court on Ludgate-Hill , shall be Rewarded LONDON, Printed for E. Mallet, in Nevil's-Court in Fetter-lane, 1697

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THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, Of the EIGHT MALEFACTORS Who were executed at TYBURN On Monday the 29th of JULY, 1751. BEING THE Sixth EXECUTION in the MAYORALTY OF THE Right Honble Francis Cokayne , Esq ; LORD-MAYOR of the CITY of LONDON . NUMBER VI. for the said YEAR. LONDON: Printed for, and sold by T. PARKER, in Jewin-street, and C. CORBETT, over-against St. Dunstan's Church, in Fleet-street, the only authorised Printers of the Dying Speeches. M.DCC.LI. [Price Six-pence.] THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, &c. BY Virtue of the King's Commission of the Peace, OYER and TERMINER, and Gaol-Delivery of Newgate, holden before the Rt. Hon. FRANCIS COKAYNE , Esq ; Lord-Mayor of the City of London , the Lord Chief Baron PARKER, Sir MICHAEL FOSTER , Knt . Sir THOMAS BIRCH , Knt . RICHARD ADAMS , Esq ; Recorder , and others of his Majesty's Justices of OYER and TERMINER, and Justices of Gaol-Delivery of Newgate, holden for the said City of London, and County of Middlesex, at Justice Hall in the Old-Baily , on Wednesday the 3d, Thursday the 4th, Friday the 5th, and Saturday the 6th of July, in the Twenty-fifth Year of his Majesty's Reign; JOHN YOUNG , ROBERT GLASCOW , WILLIAM BROWN , EDWARD DIXON , THOMAS CATCHPOLE , RICHARD HOLLAND , DANIEL THOROWGOOD , otherwise DAN the Baker , THOMAS MASTERSON , JOHN THOMPSON , otherwise GARRET LAWLER . Their Behaviour has been since Conviction tolerable well, considering what Wretches they were. Lawler, Masterson, and Thorowgood, were profess'd Roman Catholicks , and were visited as usual; the rest attended the Service of the Chapel, and for the most Part shew'd Marks of Contrition, and Sorrow for their past Offences. On Wednesday the 24th Instant, the Report of ten Malefactors was made by Mr. Recorder to his Majesty in Council, when he was pleased to order the eight following for Execution, viz. Robert Glascow , William Brown , Edward Dixon , Thomas Catchpole , Richard Holland , Daniel Thorowgood , otherwise Dan the Baker, Thomas Masterson , and John Thompson , otherwise Garret Lawler , on Monday the 29th of July. Michael Levi convicted in May Sessions for Buggary, and John Young for the Highway were respited at the same Time, till his Majesty's Pleasure concerning them be further known . 1. ROBERT GLASCOW was indicted, for that he in a certain Foot-way, or open Plain, near the King's Highway, on Joseph Weden did make an Assault, putting him in corporal Fear, and Danger of his Life, 1 Gold Ring, val. 10 s. 1 Pair of Silver Shoe-Buckles, val. 5 s. 1 Silver Tobacco-Stopper, val. 5 s. 1 Penknife, val. 3 d. 1 Guinea, and 8 d. in Money numbered, from his Person did steal, take, and carry away. May 22 d . 2. EDWARD DIXON was indicted, for being with others to the Number of twenty and upwards, armed with Fire Arms, and other offensive Weapons, in order to be aiding and assisting in landing uncustomed Goods. October 8, 1746 . 3. THOMAS CATCHPOLE , was indicted for not surrendering himself, according to the King's Order in Council . 4, 5. RICHARD HOLLAND , and DANIEL THOROWGOOD , otherwise DAN the Baker , were indicted, for that they on the King's Highway, on Henry Debbins did make an Assault, putting him in corporal Fear, and Danger of his Life, 1 Metal Watch, val. 30 s. 1 Pocket-Book, and Leathern Case, 1 Piece of Silver Coin, val. 6 d. and five Shillings in Money numbered, from his Person did steal, &c. June 11th . 6, 7. THOMAS MASTERSON , and JOHN THOMPSON , otherwise GARRET LAWLER , were indicted, for that they on the King's Highway, on William Couty did make an Assault, putting him in bodily Fear, and stealing from him one Hat, val. 4 s. one Peruke, val. 10 s. May 26th . 8. WILLIAM BROWN was indicted, for forging a Letter of Attorney, in the Name of George Mackenzie , late Master's Mate of his Majesty's Ship the Inverness , and for publishing it with Intent to defraud. Sept. 20th, 1749 . 1. WILLIAM BROWN , aged 23, was born in St. Andrew's , in the County of Frith , in Scotland , of very honest, and worthy Parents; and he gave this Account of himself under his own Hand, viz. My Father dying when I was young, my Mother took Care to have me educated and instructed in useful Literature, as far as lay in her Power, it being her Intention, that I should study Divinity, or Physick, at the University of St. Andrews, and to be under her Inspection, being the only Child. But, my Inclination leading me towards travelling, occasioned perhaps by some of my School-Fellows, who had been at Sea, and described to me the Pleasure of seeing foreign Parts, I was never easy until my Mother granted my Request, that I should go Abroad. Accordingly, in the Year 1738, with her Consent, I went a Voyage for Trial from Dundee to Norway , with one Captain Davidson, who, upon my Return Home, would fain have had me bound to him; but, being ask'd the Question afterwards, he refused, for what Reason I know not to this Day. Unfortunately for him, however, I remember, the next Voyage he went, being bound for London, he was cast away off Yarmouth, and every Person on Board unhappily perished, having many Passengers on Board, besides the Ship's Crew. I failed afterwards from Leith to Norway , in which Voyage we suffered great Hardships, being obliged to cut our Masts away to save the Ship, and Lives on Board. In the Year 1741 I came to London , having Recommendation to Captain George Mackenzie , then first Lieutenant of the Hampshire Man of War , of 50 Guns, I was admitted on Board. In this Ship, in the Year 1743, having taken several Prizes, Mr. Mackenzie was ordered to command one of them, and took me with him, and losing the Men of War, we were taken in the Prize by the Spaniards, tho' not without a Broadside: Nor should we have been taken, but that we had no more than 8 small Guns, and 12 Hands in all; they having 24 Guns, and 200 Men and upwards. The Spanish Privateer soon met with more English Vessels, and took them; one of which being come from Oporto, loaden with Fruit, was ransomed, the Master of her remaining a Pledge for a Sum agreed for. In this Vessel I came Home to England , after many Difficulties encountered, being then the Beginning of the French War. Upon my Arrival, I enquired for Captain Mackenzie, and was informed he was come Home, and was now Lieutenant of the Strafford Man of War , then lying at Chatham ; to which Place I went, and met the above Gentleman, and he was glad to see me, supposing till then that I had been dead. Soon afterwards he left that Ship, and I went with him on Board the Defiance ; then he being made Commander of an armed Ship, he had me again with him by an Order of the Lords of the Admiralty. When I removed from thence to his Ship, I was made Midshipman , and was afterwards removed to the Tavistock Man of War , where I continued near two Years in the same Birth of Midshipman. From thence I was removed to the Inverness with that brave and worthy Gentleman, from whom I never had an angry Word, by whom I was beloved, and by all my Superiors, as well as Inferiors. The War being then at an End, I did not chuse to fail any longer in the Navy, tho' I had many good Offers made me; so I came to London , and soon got acquainted with Company, tho' none but better, or as good as myself. And I defy the whole Worldto upbraid me with keeping bad Company, as I find in my present Circumstances has been reported of me. The Crime for which I suffer is just no more than I deserved, tho' Necessity drove me to it; nor was my Inclination any Thing otherwise than to have paid the Sum I received with Interest and Honour, as soon as ever it was in my Power; whatever otherwise may be thought of the Matter. I dye in Charity with all the World, praying God to forgive me; and I hope, thro' the Merits of Christ, to be forgiven of my heavenly Father, for the Sin that has brought me to this shameful End, and all other Sins of my Life; May my Fate be a Warning to others, and I could wish no Man would ever again attempt a Crime so atrocious in itself, and its Consequences; as it is doing great Injustice to others, and bringing certain Ruin on a Man's own Being in this World, if not in that which is to come. Signed WILLIAM BROWN . From my Cell in Newgate , 27th of July, 1751. 2. ROBERT GLASCOW , aged 28, was born at Chippen Ongar in Essex , and was bred a Butcher . His Father, he says, was a Man in good Circumstances, and settled the rest of his Children happily in the World: But this unhappy Man being of a stubborn, self-willed Temper, 'twas a difficult Task to correct the Malignity of his Disposition at Home, so his Father thought proper to place him out Abroad to a Butcher. Glascow did not relish a Life of Slavery, nor would he endure the least Fatigue without murmuring; so that his Master could have no great Good of him, and the Behaviour of the Servant occasioned several and frequent Complaints of the Master to the Father, who partly with Menaces, and partly with Rewards and Promises, prevailed on his Son to have more Regard to his Master's Service for a Time, and more careful of his Business. With much ado he served his Time out, and had a handsome Beginning afforded him from his Father, to set up for himself; but this he was vile enough to squander away in Conversation and Company of lewd Women, and associated with such as were famous for singular Acts of Infamy. To these he joined himself, when all was thus foolishly expended, and began to infest the Publick. His first Exploit was robbing a Stage-Coach upon the Bow Road , just coming to Town in the Dusk of the Evening. He took from the Passengers all their Money, &c. and made off with the Booty undiscovered. He robb'd the same Night a single Gentleman, whom he met with in the same Neighbourhood, whose Money he demanded; the Gentleman having a Sword on attempted to draw; but Glascow, alarmed at this Intent, gave him a Blow on the Head with a Hanger, which knocked him down, and gave the Villain an Opportunity to do as he pleased; so he rifled him, and went off theGround, leaving him to take Care of himself. This Robbery and Ill-treatment the Gentleman could not easily put up with, and it made some Noise in the Neighbourhood; so that Glascow found it necessary to betake himself for Shelter to the Country; where he could not forbear his old Tricks, but many Times made free with a Sheep, or a Lamb, and disposed of it in the neighbouring Villages. When he thought the Hurry was over, he came again to Town, and, he says, he returned to his Business, getting Employ in Newgate-Market , and St. James's Market ; but neither Neighbourhood liked his Behaviour long, so that his Stay in either was but of short Duration. Business he did not like, and so he return'd again to tread the old Paths. The first Thing he now attempted upon his second Adventure, was upon a Mercer's Shop, which he and three Accomplices had set their Eyes upon, which they broke in the Night, and carried off several Pieces of Silk. Next a Master-Taylor fell into his Way, whose going into the Country, a little Distance from Town, he and his Companions got Notice of. Their Intelligence was, that he was about to carry several Suits of valuable Cloaths to some Gentlemen of Fortune there; they knew the Way he was to go, and so lay in Ambush for him in a convenient bye Place; from whence as he passed along they started, and robb'd him of three Suits of Cloaths, which they carried off. Coming a little to the Return of his Reason, and fearing the Inconstancy of Fortune, and that sooner or later, if he continued in these Practices, he must fall a Victim to the Law, he takes himself away to Portsmouth , or Chatham , and entered himself on Board a Guard-Ship ; but his bad Behaviour soon drew upon him the Hatred of the Ship's Crew, and he was soorn'd and rejected by all. Afterwards he was turn'd over to another Sloop of War, where he shortly became noted; and for several Offences in these two Ships he received proper Discipline, till quite tired of such a Wretch, and his Villainies, he was turn'd over to the Invincible Man of War . Here he is said to have behaved somewhat better than usual, (for Fear of more Discipline I suppose) and coming to Portsmouth , left the Ship, and came up to London about 6 Months ago. Since which he was a third Time followed his old wicked and abandoned Way of Life; tho' he pretended he had been employing his Time at Work upon the Quays, and on Board of Ships in the River. However, he was very fairly catch'd in this Trap, the Fact upon which the Indictment was founded, for which he was justly convicted and suffered. A hardened and abandon'd Wretch as ever did suffer, and what he did suffer was no more than what he most righteously deserved. The Fact he suffered for, was robbing Mr. Weeden, and his Wife, which in the general he could not deny, but would use Prevarication about it, almost till his last Moments were come. 3. RICHARD HOLLAND , aged 29, was born in London , but in what particular Parish he either knew not, or, if he did, would not mention. His Parents were not in a Condition to give him Education, or, if ever he had any, his dissolute Way of Life had quite worn out all Appearance of it; being very ignorant, and of Consequence obstinate. When he was grown up fit to be put to a Trade, he might have been handsomely provided for; but having a natural Propensity to Vice, and being of a sullen Cast of Mind, he rejected all kind Offers made him, so he staid at Home with his Mother in Idleness till she was quite tired of him, and could nor would afford him any farther Subsistance, as he was of Years to get his Living, if he had any Regard to Industry and Honesty, and the Advice of his Friends; but he was already incorrigible, and deaf to all Admonition, which seemed rather troublesome to him, than any Ways tending to his Advantage. An unhappy Way of thinking, which too many of our Youth now-a-days are too apt to stumble into. However, at last Holland took it into his Head to go Apprentice to a Waterman ; but not being over honest, even at that early Time of Day, his Master was obliged, after some few Months, to turn him adrift: Tho' he says of himself (as Men often do when they can hold their Place no longer) that he did not like his Master's Service, and so he turn'd off his Master, not his Master him. In his early Days he grew very loose and wicked, and soon got among Pickpockets and Thieves. The first Thing he attempted, was the picking a Gentleman's Pocket of a Handkerchief, which he did with Success, and at length became as errant a Thief as any of them all. He committed several Robberies in Company with many that have gone to Tyburn before him, by which he got a deal of Money, &c. but light come light go, and whatever he got was soon gone, as the lewd Women of the Town were his chief Delight. Sometimes he was dress'd as gay as might be, and sometimes like a dirty Scoundrel as he was. And now there were so many Accusations laying over his Head, as made him begin to be afraid of the Vengeance of the Law; and reflecting how he might avoid the impending Danger, he found the most adviseable Way would be to betake himself to the Sea , which Resolution he accordingly did put in Practice; and, he says, he has been Abroad in the East and West-Indies for the best Part of twelve Years last past. The three last Years of his Service at Sea, he says, was in the East-India's Service , and it is about two Years since he has been at Sea, all which Time has been employed in the utmost Excesses of Wickedness and Villainy, not with standing upon his Return to London he had wrote to his Friends in the most submissive Manner, promising an Amendment in his future Conduct: However, as they would take no Notice of him, unless he would bring Certificates of his good Behaviour, he found that would be a troublesome Task, if at all to be done, and did not attempt to undertake it; and as he brought no Certificates, no Notice was taken of him by his Friends, so he resolved once more to have Recourse to his old Practices. His repeated Infestations upon the Publick soon rendered him famous; and he had great Luck to have reigned so long as he has done, since many of his Companions have been hang'd within this two Years, and he was as forward and daring as any of them all. For Instance; Holland was concerned with Lewis, since executed, and Stanton, since transported, and others, in robbing the Lady Albemarle and Lord Bury. A desperate Attempt! And Holland was the Man that got into the Coach, and took the Lady's Watch, &c. which himself sold, with two others, to Cordoza the Jew. Holland was concerned with Smith, Webb, and Ben the Coal-heaver, all three since executed, for robbing Henry Smith on the Highway. Holland was concerned with Henry Bourne in that Robbery for which he was executed. Holland was concerned with Anthony Whittle in breaking the House of James Hawkins , for which Whittle was executed. Holland was concerned with James Field , executed in February last, in many Robberies, with divers others, and was in Ecklin the Evidence's Information at that very Time. Holland was concerned with James Saunders , executed in October last. Saunders and his Wife, in Men's Cloaths, together with Holland, used frequently to go upon the Highway, whose Wife was Sister to Saunders's. They were used to get themselves well dressed, and go down to Billingsgate ; and making Enquiry what Passengers were going down next Day to Gravesend or Chatham, would slip down in a Boat before them, and rob the People before they came to an Inn at Gravesend; or if they did not succeed here; they would waylay them as they passed from Gravesend to Chatham in the Stage-Coach. And this Method they practised for about two Years together, and made no small Advantages of it. Holland was concerned also with one Furlong, executed some Time since at Maidstone. And now the Hand of Providence began to fall upon him, and he was taken into Custody upon an Information, and committed to the New Jail , Southwark ; but getting admitted an Evidence, he was taken down to Kingston in March last, to give Testimony against an Accomplice, tho' without Success; for not being credited upon his Oath, the Jury acquitted the Person he swore against, and he was brought back to his former Lodging. Some Time after he was removed to Newgate , to give Evidence against another, who was to be tried at the Old Bailey ; but no Prosecutor appearing, both he and the Prosecuted were discharged by the Court in April Sessions last: So once again he had his Liberty, but could not help making a bad Use of it. He never thought of returning Thanks to the Almighty for so great a Deliverance; his many Escapes from the Hand of Justice had no Effect upon him, but he went and joined himself to a desperate Fellow, one of his former Accomplices, and shewed greater and more abominable Inclinations to Wickedness and Vice than ever he had done before, if such a Thing might be supposed. He engaged now in most dangerous Robberies, sparing neither Sex, shewing no Tenderness to young or old, till Providence would no longer permit him to carry on his diabolical Practices; but in about the Space of six Weeks after he was discharged, he was taken into Custody at the Fox in Drury-Lane (a most notorious Nest!) for the Robbery committed on Henry Debbins , and committed again to Newgate ; of which Fact he was deservedly convicted. He appeared a most hardened obdurate Man all the Time after, till about a Day or two before his Execution, when he was brought to the shedding of Tears, and owning that he had been most wicked and profligate, justly deserving the Fate that befell him. 4. GARRET LAWLER , aged 26, was born in Dublin , in the Kingdom of Ireland . His Father was a Butcher , and a Man of good Business and Reputation, who made it his Care to train up this unhappy Youth from his Infancy in the Ways of Virtue and Love of Honesty, and gave him the Advantages of Education, neceessary for one designed to be a Tradesman, to make his Way in the World. When he came of Age fit to be put Abroad, his indulgent Parent gave him Choice of what Trade he was inclinable to follow. He was a Youth naturally of a good Disposition, and submitted to his Father to make Choice for him, as the better Judge. He was his darling Son, and being unwilling to venture him out of his Sight, he recommended his own Business to him; and accordingly he was bound Apprentice to his Father for seven Years. For the first three Years he behaved very well, and was early and late in reaping the Advantages of honest Industry; so that he encreased the Business by his Diligence and good Behaviour. However, after a Time, upon some Resentment he had taken against some of his Neighbours, he had Recourse to unlawful Means of being revenged; upon Complaint of which, Warrants were issued out against this unfortunate Youth, he being represented as a Person dangerous to the publick Safety. Accordingly he was taken into Custody, and committed to Newgate in Dublin , where, at the same Time, there happened to be a notorious Set of Sharpers confined, whom he contracted an Acquaintance with, and who became, perhaps, the Motives of his breaking thorough the Fences of all Honesty and Virtue. They communicated their different Arts to him, so that he only wanted an Opportunity to carry his instructions into Execution. His poor Father, all this while upon the Rack for his Son's Welfare, was indefatigable in procuring Bail for him, which he shortly effected, and restored him to Liberty; but at the next Sessions he was indicted, and obliged, by the Verdict given against him, to remain in the said Jail for six Months. This Affair cost his Father a great deal of Money; he grew daily more uneasy in his Mind, was quite dejected for his darling Son's Misfortune, and contracted a Disorder that shortly put an End to his Life. Words can scarce paint the Son's Griefupon this Occasion; he was for some Time inconsoleable, till, by the Persuasion of some Friends, he was prevailed on to cease his useless Moans. As soon as he got his Liberty, having gone through the six Months Imprisonment, he resolved to quit his native Country, and so he embarked for Liverpool . In a few Days after he landed there, he engaged at Play with a Gentleman, and (as there were few more expert at all Sorts of Gaming) won a considerable Sum of Money. Here he went on Board a Privateer, and continued in her till he came to London . He was a good sprightly young Man, and might have been a useful Member of Society, had he betook himself to good Company, instead of which he met with some of his former Fellow Prisoners, who farther corrupted his Principles, and led him into such Excesses as obliterated every Thought of Virtue in him. And now he entered upon Enterprizes that led him on to Destruction, and by the Allurements of his Companions he was prevailed on to go a House breaking. And the first Expedition he entered upon, was in Bloomsbury-Square , where they found a convenient House for their Purpose, which they entered with great Facility. When they had sufficiently rumaged the said House, and as they were just going off with their Booty, three or four of the Watch happening to come by, and seeing the Door open at that unseasonable Time of Night, put themselves in Readiness to receive the People that should come out; they soon saw a Number of well-freighted sturdy Fellows pushing their Way out in some Confusion; the Watch ordered them to surrender, whilst they, endeavouring to send the burthened People off, attacked the Watch with vast Fury, and forced their Way quite through them; but in the Pursuit Lawler got so desperate a Wound over the Head, that it had near deprived him of Life; however, two of his Friends came Time enough to his Assistance, beat off the Pursuers, and carried him and their Booty in Triumph Home. In a short Time after, when he was able to go Abroad again, he, together with one of his Associates, met two Gentlemen well dress'd, whom they robbed of their Watches, Rings, and Money, to a pretty handsome Amount. The next Attempt was made in the Strand , where he stopt a Coach, which he also robbed of a considerable Booty, and got clear off; and various other Robberies and Burglaries, too tedious to mention, he had a Hand in. Besides his Acquaintance in the nightly Expeditions, there was scarce a Day but he made Money at sharping, and taking in People, at the Game called Old Nobb; and he carried on this infamous Way of Life till Harpur was rescued from the Gatehouse, without being detected; but one of his Accomplices making a Discovery, impeached him in his Information. This he had timely Notice of, and provided for his Safety by going to Ireland . He was not long in Dublin when a Hue and Cry pursued him, and he, together with some others, was apprehended, and committed to Newgate in Dublin , and in some Time after transmitted to London , in October, 1749. In December Sessions following he was indicted for a Burglary on the House of Adam Steward s; but Bowen (another Gatehouse Rescuer, and an Accomplice) being the only Evidence to affect him, the Jury thought proper to acquit Lawler. He was a second Time indicted for breaking and entering the House of John Jones , but the Evidence being the same, and no other, he was also acquitted of that Charge. Besides, upon these two Indictments, Lawler had two Persons to depose in his Defence, that he was, at the Time of these Robberies being committed, viz. Dec. 1748, a Prisoner in the Marshalsea Prison , in Dublin . But one of them, who went by the Name of Laurence Savage , was taken into Custody as soon as the Jury had given in their Verdict, on Suspicion of robbing a Person of a Watch upon London-Bridge , October 18, 1748. This Laurence Savage proved afterwards to be Garret Lawler 's own Brother, Laurence Lawler , who, in January Sessions, 1749, was indicted for the said Fact, convicted, and executed the February following. Garret Lawler was afterwards tried in March Sessions, 1749, with seven others, for the Rescue of Harpur out of the Gatehouse, committed for privately stealing General Sinclair's Watch, as he was going into Leicester-House; and being convicted, Judgment was then respited; but at the End of April Sessions 1750, received the Judgment of the Court to be branded in the Hand, which was accordingly done upon him and the other seven, and they were ordered to be imprisoned a Year. In April 1751, Lawler was discharged and went away from Newgate with Masterson, upon their former evil Ways. Not long after he was taken by the Watch, and some Soldiers in the Strand , near Somerset-House , and being carried before Justice Lediard, were committed to the Gatehouse, on the Oaths of several Persons, for assaulting them with Hangers, and on Suspicion of committing Street-Robberies, May 19th, 1751. He was also detained on the Oath of William Couty , as above, and was convicted of the said Offence; and suffered accordingly the deserved Punishment due to such Crimes. He behaved for the most Part without any great Concern, and on the 23d of July, a Person came into the Press-Yard to see him and Masterson, who thought he had been robb'd by them. After some Time he put the Question to them, but they denied the Fact; upon which the Man was so forward as to tell them, he was sure, 'twas them that robb'd him, and he could swear to them. Lawler hearing that, did no better nor worse, but took up a Bottle, and gave him a Blow on the Head, which laid him flat on the Ground. This plainly shews the same wicked Spirit still remained with him, to do Mischief, as long as he had Opportunity so to do, and argues how necessary it was that such a Wretch should be taken away from civil Society. 5. THOMAS MASTERSON , aged 24, was born in Dublin , in the Kingdom of Ireland , his Father was a Peruke-Maker , not in Circumstances to give him much Education, and all he could do for him was to instruct him in his own Trade. This did not agree with his Disposition, and at a very early Age he got loose from his Father. Having thus thrown himself on the wide World, with little to subsist on, Company-keeping soon put away what he had; which not being of the better Sort of People, they soon taught him how to get more. However, in a little Time after, having by Ways and Means procured as much Money as would buy him tolerable Cloaths, and defray the Expences of his Passage, he set fail for Parkgate . Arriving there, he travelled to Coventry , and hired himself to a Peruke-Maker, who treated him very well; and here he might have lived happy, if his natural Propensity to Evil had not led him away; but first he robb'd his Master, and making his Escape came to London . He was not long inactive here, but soon fell into such Company as he looked for, and began regularly first with picking of Pockets, and was noted for it, before he proceeded to Sharping, or House-breaking, in which of late he excelled most of his Associates. And tho' he went upon these Expeditions, yet till within these few Years, scarce any one imagined he got his Living as he did; being always well dress'd, and every Thing about him seemingly bespoke the Gentleman. At length he was committed to Newgate , for stealing Linen, and Handkerchiefs, and received Judgment of Transportation; but the Ship he was put on Board not clearing the Land's End, e'er it sprung a Leak and sunk, he, with a few more, with much ado, saved their Lives. He returned to Town, and kept private for some Time; but the same Itch to Wickedness still remaining in his Blood, with two chosen Companions he broke and entered a Dwelling-house in Soho-Square , and robb'd it of Goods to a considerable Value. Flush'd with this Success, he resolved to pursue the Game, and shortly after in the Night ran down a Gentleman in Fleet-Street , whom he robb'd in like Manner of what he had about him. Several other Robberies and Burglaries he had a principal Hand in, besides resorting to all Places of publick Diversion; so that he made very great Booty, and got a deal of Money. In this Manner he went on for several Years; and being a Favourite of the common Women of the Town, never wanted Occasions of squandering his ill-got Treasure; yet notwithstanding he has been charged with several Robberies within twelve Months past, he found Means to gain an Influence over those he had injured, otherwise his Fate had not been deferred so long as it was. Masterson was committed to the Gatehouse , and afterwards brought to Newgate , charged with breaking and entering a House in Drury-Lane , and stealing a Quantity of black Silk, &c. August 1, 1750. Masterson and three Women were indicted for this, and tried at the Old Bailey , but the Prosecutor would not positively swear to the Goods, tho' some of them he owned had been Years in his House; so they were acquitted for Want of his speaking the Truth, and whole Truth, to compleat his Evidence. Why he would not swear positively, it is generally believed might thus be accounted for; viz He was burnt in the Hand, and the excessive Grief and Pain of it so hurried him, that he scarce knew what he was about; accordingly he and the others were discharged, and returned to their former Works. January 22, 1750, he and Clark met a Gentleman near Drury-Lane , and picked his Pocket of his Watch; Clark had the Watch, whom the Gentleman pursued with his Sword drawn, and, in the Heat of Passion, might have run him thorough, perhaps, had he not been too nimble for him; however, they were both taken upon Account of this Robbery, and committed to Newgate . In February Sessions last there was a Bill found against Clark for stealing the Watch, and against Masterson for receiving, but some how or other the Prosecutor did not appear; however, the Prisoners being known to the Court, they were not discharged, but ordered to remain till April Sessions, in Hopes that then the Prosecutor might appear; but being out of the Way they were acquitted for want of Evidence. How this is to be accounted for I leave to the Reader. Just after this Sessions Lawler was to be set at Liberty after his Year's Imprisonment, for assisting to rescue Harpur: Accordingly he was once more set free, when Masterson and Clarke waiting at the Goal Door, received him with open Arms, and away they went together. They had scarce been a Month out of Goal, when it pleased God to put a Stop to their mad Career, and to bring them once more to Account: For on May 26 they assaulted and robbed Mr. Couty, and being taken and committed to the Gatehouse , and removed to Newgate , they were deservedly convicted last Sessions, and suffered Death accordingly. One would think the many Escapes this Youth had, might have persuaded him to think of some other Way of Life; but hence 'tis plain, that when once these poor unhappy Wretches have entered among these Disturbers of the Peace, and Destroyers of the Property of the People, nothing can put an End to their Wickedness, but what puts an End to their Power of Action. 6. DANIEL THOROWGOOD , otherwise Dan the Baker , was born in Dublin , of poor, but industrious Parents, who, tho' they gave him no Education, took care to bind him Apprentice to a Baker , as soon as he was fit to go Abroad. He served his Time very well, and continued to work Journeywork at his Business, and got an honest, tho' bare Livelihood thereby, till he came to London about six Years ago. After he came to London he was taken into Employ by some of his own Trade, and worked for several Persons in different Parts of the Town. He is said to have behaved for some Time like an honest, industrious Person, till getting into the Parish of St. Giles's he grew a little loose, and as he became more acquainted with the idle and profligate, (too many of which People infest that Neighbourhood) he in Process of Time became such a one as they were. And now there was scarce any Wickedness or Mischief that he was not ripe for. He had given over all Thoughts of Business, he says, and having a much easier Way of getting Money, he resolved to stick to it, never considering the Consequence that must one Day ensue. Lewd Women were his constant Employment, while any Money remain'd to squander away upon them; and when all was gone they forsook him, till having gotten a fresh Supply by his Wits, he could again administer to their insatiable Wants. He was now plunged in the Depth of Debauchery and Vice, but was scarce sensible of it, as he took Care to kill Time between one Excess or the other, and to keep off all Reflection. Various Robberies he has been concern'd in with different Persons, sometimes one, sometime another. He never stuck to one long for Fear of Discovery, nor ever wanted one or two to go upon an Errand with him. And At last he laid a Snare to catch himself, having himself proposed the Night's Expedition, when he and Holland, together with Mark Chailes , the Evidence against them, robbed Henry Dobbins , June 11. Thorowgood was pretty active in the Affair of the Robbery, and having great Hopes to be made an Evidence one Day, went on the more boldly, and said, if it ever come to that he would afterwards leave off. However, Providence thought it not fit to give him that Opportunity; so owning the Justice of his Doom, he prepared to die resignedly, thro' Hopes of a better Life. 7. THOMAS CATCHPOLE , aged 50, was born near Dis in Suffolk , and lived with his Parents, who bred him up to Husbandry Labour , till he was about eighteen Years of Age, He then went from Home to Dis , and lived there in the Service of several Farmers, for the Space of about eighteen Years more, and was looked upon as a laborious and industrious Man. Afterwards he went to live with a Gentleman, who had great Regard for him, upon Account of his Diligence and Behaviour. Upon his being married, the Gentleman was so well inclined towards him, as to assist him with Money, &c. to the Amount of 300 l. So he took a House, and kept publick Business, and had his Share of it for some Time. After this, he unfortunately embark'd in the Smuggling, and had Losses one Way or another, broke up House, and became Servant to Goldsmith, who died in Newgate, and Carbold, otherwise Jiffling Jack, sometime since executed. He acknowledges having been concerned in the running and carrying Goods not Duty paid; but never would be persuaded to own the Fact upon which the Information was founded. That he was proclaimed with others in Consequence of that Information in the Year 1746, he was sensible, and in Consequence of it was obliged to leave his House, and for the best Part of the Time since, he says, he has chiefly been lodged in Woods and Fields; and that in Winter Time he has many a Time drove the Cattle from where they have been laid down, and laid down in theirPlace, not daring to go Home for Fear of being taken by the Soldiers, or others. In such Distress, having a Wife and Children, whom he was not able to assist, he entered into Combination with others, in Manner as by his own Account follows. 1st, He says, that he, Thomas Fisher , John Cunningham , and James Allington , did rob one Mr. Vaughan of 30 l. Money that had been collected for the King's Tax. 2dly, He, Thomas Brooks , Francis Mayhew , Thomas Fisher , John James , and Thomas Cunningham , were the People that robb'd Mr. Josiah Stubben , as mentioned in the Proclamation. 3dly, He, John Cunningham , Francis Mayhew , Thomas Fisher , and Thomas Brooks , were the People that robb'd Mr. John Hempsted mentioned in the Proclamation, and the said Cunningham and Brooks were the People that fractured the Skull of Mr. Hempsted's Son. 4thly, He, James , John , and Thomas Cunningham , Thomas Fisher , Francis Mayhew , Thomas Fidget , Jonathan Barton , and Thomas Brooks , robb'd Mr. Fulcher. The Means of this being contrived, was; Fisher's Father was a Carpenter, and had been at Work in Mr. Fulcher's House, and having assisted in moving an Iron Chest, thought it was full of Money, and mentioned it in some Club, where the Son was present; he went and informed his Comrades; they shared 15 l. a-piece, besides the Share of some Effects, that was to come afterwards, when they were disposed of. The Man, he says, that is now in Ipswich Gaol as an Evidence, did clap a Pistol to the Head of the Maid Servant, and swore he'd blow her Brain out, if she did not let him enjoy her, which he forcibly did by that Means, in Presence of his Companions. And he further declares himself to be the Man that first hindered them from cutting Mr. Fulcher's Head off with an Axe, and afterwards cut him down, when his Companions had hung him up by the Neck. He says further, that he had heard, and could be very certain in saying, that James Brooks , Thomas Brooks , Thomas Fidget , Francis Mayhew , T. Fisher, J. and T. Cunningham, robb'd the Reverend Mr. Hall; that James Cunningham was not there the first Time, but had Share of the Booty. He says that he has heard, and can be very sure in asserting, that John and James Cunningham , Charles Blomfield , Jonathan Burton , and James Brooks , robb'd Madam Lemon; but who else was there he cannot tell with any Certainty. He says he has heard, and can safely assert, that James and Thomas Cunningham , and Francis Mayhew , were the People that robb'd Mr. Ventris, as in the Proclamation. He says that John , James , and Thomas Cunningham , T. Fisher, Francis Mayhew , and Thomas Fidget , were in a Field together belonging to Cunningham's Father, when James Cunningham or T. Fisher did say, Let us enter into Articles, to have no others than ourselves concerned for the future: And they accordingly did enter into certain Articles immediately, the Penalty of which was, to be shot dead if ever they broke any or either of them; and then they immediately determined on the following Things: First, That they go and rob the Rev. Mr. Hall. Secondly, That they rob and plunder Mr. Sayer of Farsfield, and then rob Shelfhanger Church . And, Lastly, They would stop, rob, and plunder the Collectors of the King's Tax when they should meet them on their Journey from Stradbrook to Norwich. When they had compleated this, they would some of them go over to Flushing, and purchase a Cargo of Goods, and return with them; which Goods were to be brought to some Place that his Majesty's Officers were not apprized of, there to be beach'd, as they term it, till they could get Horses and Conveniencies to carry them off. He further says, that all the Robberies agreed upon at that Time have been since committed, except the last, in the most barbarous and outrageous Manner; and that they swore Damnation to their Souls if ever they would desist till they compleated them; and that he is sensible they will be effected, if proper Care is not taken to put a Stop to them. All this he says he was well acquainted with, and that James Allington and Francis Mayhew were not in the Information given by somebody in Suffolk. He was sensible of the heinous Nature of these Things, and desired that they might be made publick to the World, that he might thereby make some Atonement for his own Share in these vile Contrivances, and prevent further Mischief if possible. He died resigned to his Fate, in Hopes of God's Forgiveness. 8. EDWARD DIXON , aged 26, was born in the Parish of Barsdale , in the County of Suffolk , of Parents whose Circumstances did not admit of given him any Education: But tho' he had no Advantage this Way, yet Nature had supplied him with an artful Cunning, which rendered him capable of Scheme and Contrivance; he served his seven Years Apprenticeship faithfully in the Neighbourhood where he was born, and continued with his Master afterwards for some Time, who, besides his Butcher 's Trade, was somewhat of a Grazier , and fed Cattle for Smithfield Market. He generally every Fortnight or three Weeks brought up some fat Cattle to Town, and Dixon was his Assistant to drive them up for several Years; and afterwards having got together a little Money, he set up Business for himself in the Neighbourhood where he had served his Time. After a while he came up to London , and followed his Business down about Bow , near Stratford , and kept a moveable Trade from thence, and about the Suburbs of London , and in White-chaple ; from thence, not meeting with great Success in his Business, he was invited down, to Norwich , and accordingly went down, where he was acquainted with the aforesaid Goldsmith, Carhold, and others of the Smugglers, and became a Servant also to them, to ride the Country for them, and fetch home what Goods should be brought to their Market. But, In the Year 1746, Dixon was also proclaimed, and from that Time was forced to skulk about from Place to Place, every Day afraid of being apprehended for an outlawed Smuggler. At length he was taken, and being brought to Newgate , after staving off the fatal Blow as long as he could, was last Sessions tried at the Old Bailey , and convicted, and hath suffered accordingly. Dixon and Catchpole had both laid a Scheme for making an Escape, but where prevented. About a Week before Execution, upon searching their Irons, they were found sawed all in two Parts, which occasioned them to be chained down to the Floor; upon which a Remose seized them, and they made Discovery of the whole Plot. From that Time they gave themselves over for lost Men as to this World, and Dixon shewed great Marks of Sorrow and Contribution for what was past. At the Place of EXECUTION. ON Monday the 29th of July, between Eight and Nine o'Clock in the Morning, Robert Glascow and Richard Holland in one, Daniel Thorowgood , Thomas Masterson , and John Thompson , otherwise Garret Lawler , in a second, William Brown , Thomas Catchpole , and Edward Dixon , in a third Cart, went to the Place of Execution from Newgate, thro' great Numbers of Spectators. When they were brought there, after they were all tied up, some Time was spent in Prayer, recommending their Souls to the Almighty's Favour and Protection, and they were turned off calling upon God to have Mercy on them, and receive their Souls. They all behaved as became their Circumstances. Their Bodies were all delivered to their Friends in a particular Manner, occasioned by the Mob's crowding in upon the cutting down of one of the Bodies, which the Under Sheriff, who attended, insisted upon being dispersed and removed from about the pendent Bodies, e'er another should be cut down. It was accordingly so done, and then the Friends of such a one was called, and when they appeared the Body was cut down and taken away; and so on till they were all cut down and taken away; which prevented a good deal of Hurry and Disturbance. This is all the Account given by me, JOHN TAYLOR , Ordinary of Newgate .

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A True ACCOUNT of the BEHAVIOUR, CONFESSION, AND Last Dying SPEECHES Of the Criminals that were Executed at TYBURN, On Friday the 16th, of June, 1693. ON the Lords-Day in the Forenoon, the Ordinary preach'd on this Text, viz. the Third Verse of the Thirteenth Psalm. Consider, and hear me, O Lord my God; Lighten mine Eyes, that I sleep not in Death, or the sleep of Death. The Jewish Targum renders the Words, thus, Ne forte peccem, & dormiam cum Iiis, qui Rei sunt mortis. In the words are two Parts. 1. The Preface to David's Prayer, in a fervent, humble, and fiducial Address to God, that he would relieve, support, and deliver him out of his deep Distresses. After he had in vain taken counsel in his Soul, how to prevent and divert them, and yet was unsetled in his Contrivances: At last he renonnced his Carnal Wisdom, and betakes himself for shelter from Saul's Fury, under the wings of God's Wisdom, Power, Goodness and Faithfulness, which only could support him, or deliver him. Observ. It denotes much Prudence, to Contemperate and Adapt God's Attributal Perfections, to the Variety of our incumbent Fears and Sorrows. Consider, and hear me, O Lord, my God. Hence two Observations. 1. There cannot be any lively Hope of obtaining Relieving-Mercy under Perplexing-Troubles, ready to overwhelm us, but only by clearing up, and pleading a Covenant-Interest in Divine Mercy and Goodness. Hear me, O my God. 2 Observ. God's most Glorious and Gracious Titles signify little to relieve us in distress, if they make not a due and deep Impression of reverencial Obedience in our Hearts and Lives. This frame David pleaded, equally, as he desired, that God's Covenant-Mercy and Faithfulness, should be extended towards him; Hear me, O Lord, my God. This reproves such Persons, who cry out, under their deadly Dangers, O Lord! O God! without any serious Consideration of the due Importance of these Titles, in obliging them to fulfil the Duties, which, such a Plea obliges them unto. These were instanced. In the 2 Part of the Text, you have the subject Matter of David's Prayer: Lighten mine Eyes, that I sleep not in Dying. Observ. The best of Men are apt to be secure amidst Death-Threatning-Dangers, in omitting those proper Methods which they ought to use, whereby they may be supported with Courage and Comfort, in a Dying Hour. Here were produced divers peculiar Temptations, which Satan doth sharpen against the best of Men, to shake their Faith, Courage and Comfort in Dying, with Directions how to encounter and overcome them. Second General Head. It is frequent with secure, impenitent Sinners, to put far off the serious Thoughts of Death: Yet, this hinders not its coming, nor rebate and blunt the sharpness of its Sting, nor the dismal Consequences of it. Such secure, impenitent Sinners, are exposed to God's Vengeance, sealing them up under their indulged Presumption. Thus, they cannot encounter Satan's last, most subtil, malicious Assaults of Temptation, in a Dying Hour. The Inference is this; No man can bear the Agonies of dying Nature, unless he be born anew of the Spirit of Holiness, and hath the sense of God's Love shining on his Soul. Yet, it is frequent with secure presumptuous Sinners, to entertain, and strengthen false Hopes of Heaven, in a Dying Hour. These were described, with Directions, How a drowsy carelessness may not betray the Soul to the Pangs of Eternal Death. Some Interpreters render David's Intention to be, that he might not be left to his own Carnal Wisdom, but might be enlightened by God's Holy Spirit, under Death-Threatning Dangers; so, as not to commit any Sin wilfully, which might expose him to God's just, severe Displeasure in Dying. Here were added Directions, how we may not be mistaken in our Evidences for Heaven, when we die Hipocrites defeat their Hopes thereof, and sink themselves to Hell, without suspicion, because they please themselves in Dreaming only, that Saving-Graces are planted in their Hearts, while they refuse to work out their Salvation, by sincere, universal constant, and chearful Obedience to Christs sacred Laws. The Conclusion of the Sermon was directed to the Condemned: Would you not die securely in your Sins, then beg of God, that the Eyes of your Minds may be savingly enlightened in the Mysteries of Eternal Life. Do not presume on your own Carnal Wisdom, how to order aright your Conversation in the World, or to make provision for an happy Death. The least careless Misdemeanour will betray you into a lamentable Unfitness to meet the King of Terrors? Would you exercise Courage in Dying, daily make it familiar to your selves, by a prudent Preparation for it. Get a Covenant intrest in God through Christ; then you may safely plead, Consider, Lord, the perplexities of my Soul, where I am encompassed, and deliver me in thy Righteousness. Here the Ordinary set before the Condemned, the following Form of Supplication, that they might be fitted to resign themselves to God's Guidance and Protections, under the Fears of approaching Death. O Blessed Fountain of Light and Life, let not not any worldly Objects so charm my Heart, as to weaken the stedfastness of my Love in chusing thee, the Perfection of Blessedness, for the only portion of my Soul's Delight and Satisfaction; Let not my Life be as a Dream, to please my self with any fleeting Mock-show of the Creature's Strength or Beauty. Let me not quench the heavenly Spark of my life in the sensual Pleasures of this bewitching World; so shall I take a gladsom Prospect of Blessednes, beyond the Grave; while I improve my life for the advancement of thy Honour. Let me not sleep away my life in Dreaming of worldly Prosperity, to hinder my profiting in the ways of Holiness. Let me not indulge so much Sleep, as to neglect the fulfilling of my dutiful Respects to the Author and Preserver of my Being. Then I may justly fear, lest by my Security, I should die in my sleep, and that the Sentence of thy Displeasure should pass upon me. Rther, let me be assured, when mine Eyes shall be darkened under flicting with the King of Terrors, that the light of thy reconciled Countenance, shall actuate and inflame my love to thee; So shall I, in the prospect of Eternal life, prefer my Dissolution before my Birth-Day; so shall I mortify the fond love of Natural life, and be a Conqueror over the slavish fear of Death. Grant me, blessed Lord, such an holy Contempt of this World, that I may be filled with a longing Desire to fly away from this Vale of Tears, that I may rest in the full Enjoyment of thy Self, at the Center of Eternal Blessedness. O let the lively Hope of seeing and enjoying God in Christ, animate my Courage against the unbecoming Fears of Dying. O sufer me not to fall into any Drousiness in the acting of my Obedience. Let me be fitted for an Heavenly Mansion, wherein I shall be made all Life and Spirit, in praising the Lord for my triumphant Victory over Sin, Death, and Hell. In the mean time, cause me to endeavour that I may order my Conversation in purity and Heavenly-mindedness. So let me be prepared to behold the God of Glory face to face, in Transports of Celestial Joys to all Eternity. On the Lord's-Day in the Afternoon, a Sermon was prech'd on this Text, viz. Luke 13. Ver. 3. Except ye repent, ye shall all like perish. proceed to give an Account of the Behaviour and Confessions of the Condemned Prisoners. I. William Anderton , Printer , condemned for High-Treason, in Composing, Printing, Publishing and Dispersing, malicious, scandalous, and Trayterous Libels: The Design of it, being to incite the Subjects to War and Rebellion against him, and to Restore the late King James. He refused to come at any time to the Ordinary, whereupon he went to the Chamber of the said Anderton, and offered to pray with him: But he said, that he had such came to him, who give him Contentment: And after a second offer to pray with him, he refused it. The Ordinary told him, that he ought to take Care, that no man might extenuate his gh Crimes, nor flatter him with false Hopes of Heaven; Men's Hearts being very prone to deceive themselves in that Respect. Upon which, Anderton said, Leave me to my self, I desire, not to be farther Sollicited, nor Exhorted by you. Upon this the Ordinary withdrew himself. II. John Dudly of Stepney , A Naylor by Trade; Condemned for Clipping, Filing and Diminshing the Lawful Coyn of England. He was born in Staffordshire ; he said, that he was well Educated, yet he answered not his Parent's Care to have made him live better. He was an Ironmonger in Ratcliff ; he said, that he had sinned many ways, and in particular, in keeping secret the Practices of Thieves and Clippers. I asked him what Repentance is; he said, it is a Saving-Grace, and consists chiefly in forsaking Sin, out of an hearty Hatred of it, because, it displeases God; and said, that he begg'd a new Heart of him. III. John Randal , Condemned for a Robbery on the Highway: He came on the Lord's Day to the Chappel to hear God's Word preach'd, and joined in the Prayers: But since, he withdrew himself; being sent to, that he would attend, he made a frivolous Excuse, that his Linnen was put to Washing, and when it was brought Home, he wonld appear again; but he came not. But I suppose, that he was not willing to give an Account of his evil Life. Joseph Stitch , Condemned for breaking the House of one Brooks in St. Giles in the Fields ; and for Robbing one George Hawsworth , in the Parish of St. Sepulchres . He was born in Staffordshire , was a Shoemaker ; he Married a young Woman against her Friend's Consent; so becoming Poor, he went into Ireland , to serve there in the War ; afterwards he came to London , and joined with bad Company. He seldom prayed, and said, that he thought for the neglect of his Duty, God left him to be overcom'd, being tempted to this Fact, which he said was the first. V. John Webb . Condemned for Felony: He was born in Barkshire ; he said that he lookt to his Mothers Farm in the Country for a time; but growing idle and obstinate, he left his Mother, and afterward fell to Swearing and Drinking in bad Company, which brought on this Crime. He wept, and prayed that God would change his Heart. VI. Thomas Kent , Condemned for Felony and Burglary: He was born in Clarken well Parish , he was a Plumber by Trade; he serv'd his Father some Years in that Employment: Afterward he left him, and came to London for Work; but joining with bad Company, he learnt to swear, and was drawn to many Vices. He denying not the Fact, which he said was occasioned by spending Mony on wanton Women. He said that he seldom prayed before he fell into this great Distress; but now he hopes that he repents, and that God will shew him Mercy. VII. Morris Moore , Condemned for Robbing Sir John Friend of Hackney , stealing with others from him, Plate, Mony, and rich Goods, to a very great Value. He confest the whole Indictment. He refused to come to the Sermons and Prayers in the publick Chappel, saying, that he was a Roman Catholick , and was fixt in that Perswasion. VIII. John Barker , Condemned for Felony and Burglary. He was born in Aldgate Parish , was a Joyner by Trade, was disobedient to his Parents, kept ill Company, brake the Sabbath. In Passion he would swear; but his chief Sin (he said) was keeping Company with leud Women, of which, and all other Sins, he now'd sires, to have a perfect hatred. IX. Thomas Granger ; he said, that he had been used to Sea Service ; that he was formerly Arrested for Debt, and thereupon cast into Newgate , where he continued five Years. He said, that the prophaning of the Sabbath, was that Sin, which provoked God; so that he was left to his Vicious Inclinations. He denied not that he had been guilty of keeping Company with bad Women. He said that he is much grieved for his Sins, and that he prays for a broken Heart, and that God would make him to become a new Man. I hope that he was penitent. X. Richard Whitworth , Condemned for Felony and Burglary, in breaking the House of Thomas Beacon of Stepney , taking away 69 Pieces of Coin'd Gold; also 180 Pounds in Mony numbred. He was born in Lancashire ; he was a Butcher's Son , he left his Father in that Employment, and then grew idle. He said that he kept not the Sabboth, that he did not swear much, but exceeded in the Love of Women: But now he repents, that he spent his Life viceously, and begs that God would change his Heart, otherwise he shall never see his Face with Comfort. XI. William Clement , Condemned for the foresaid Felony and Burglary. He is Aged 38 Years, was born at Okenham , within 5 Miles of Reding . He said that he did not refrain from sinning, tho God's Spirit convinced him to the contrary. He seldom prayed; he said that he was a Carpenter , and that a Fellow accused him at Reading , of Robbing with him, so in fear of being apprehended, he came to London . He said he had sinned in several ways, and was not sensible thereof till now. That his Heart bleeds for offending God his Maker and Redeemer. That upon his Repentance, he had spoken peace to his Conscience; yet he begs a greater degree of Sorrow for his Sins. XII. William Nixon , Condemned for the foresaid Felony and Burglary. He was born in Herefordstire , was a Taylor in London , during 17 or 18 Years. He denied not that he had led a bad Life, and that he had concealed the Crimes of others, so that God is just in this Sentence of Death upon him. At the Sessions in the Old-Baily , on Thursday the 8th of June, 1693. were Thirteen Men, and 3 Women condemned; of these, only 8 were in the Dead Warrant, viz. William Clement , Richard Whitworth , William Nixon , John Dudly , Joseph Stitch , Morris Moore . John Randal , and William Anderton . William Nixon was Reprieved by Her Majesties Gracious Clemency. The other 7 were Executed this Day, being the 16th of June. William Anderton , for High-Treason, and John Dudly for Clipping, were drawn on a Sledge to Tyburn , and were first Executed. The Right Worshipful the Sheriffs being present. Anderton desired that his Brother, and a Minister, his Friend, might come into the Cart, which was granted. The Minister only prayed for him in the Office for Visiting the Sick; when he had finished, and went out of the Cart, the Ordinary Exhorted Anderton and Dudly, to beg of God, that they might be Examples of true Repentance, and to warn the People by their sad untimely End. They did not; therefore the Ordinary commanding silence, spoke thus; Be persuaded by the Sight of these Dying Persons, not to contrive any thing against the Government of this Kingdom, God will bring it to light, and in Justice punish it. And exhorted the People not to prophane the Sabboth; which all bewail when they come to die publickly; as that Sin which brings on all other Crimes. Anderton told the Spectators, that his Sentence was very hard and severe. I told him, that he had endeavoured to overthrow the Establisht Government. He said, that he forgave his Judges. I replied, that they needed not his Forgiveness; for they were satisfied in their Consciences, that they had acted justly. Then I prayed with them, and they had a considerable time to pray for themselves, which they did fervently. Anderton's Carriage was with much Confidence. There was a Paper came to the Sheriff's Hand, for the suspending the Quartering of Anderton- He thought it to be a Reprieve, which did much affect him with Thanksgiving to God; but understanding it was only that his dead Body, should be delivered to his Friends, he did not acknowledge that as any great Favour. After they had prayed for themselves, the Ordinary committed them to God's Mercy, with a short Prayer at last. So praying again for themselves, they gave a Sign, when they expected to be Executed; and the Cart thereupon drew away. The other five Criminals were Executed afterwards, they were exhorted to warn the People, they did not. After advice given them, and Prayer, made by the Ordinary for them, some of them more lamented their untimely End; than others. After a fit time given them, they prayed for themselves, and were Executed. This is all the Account I can give of this Sessions Samuel Smith Ordinary . Dated June the 16th 1693. ADVERTISEMENT. THese are to give Notice to all Persons for the Benefit of the Publick, That W. Elmy, Professor of Physick, and Operator of known Integrity, and above 25 Years Practice; liveth at the Blew-Ball in Whale-Bone-Court, at the lower End of Bartholomew-Lane, by the Royal-Exchange. Who most safely and expeditiously cures Deafness, and Noise in the Ears, in any of what Age soever (if curable) and at first sight by Inspection resolves the Patient, if so or not, as most Eminent Persons of Quality in this City can Testify. He hath likewise a Sovereign Head-Pill which infallibly cures all Pains in the Head whether old or newly contracted; speedily taking away all Swimmings and Giddiness, preventing the dangerous Consequence of Apoplectical Fits; preserves the Sight, and takes away all Accidents offending the Eyes, strengthens the Memory, and disburdens the Brain of all offensive Humors, thereby rendring the Understanding more clear and vigorous. He hath likewise an expeditious way in Curing all Pains in the Teeth without Drawing. He hath likewise a most excellent Gargarism or Mouth-Water which will make black or yellow Teeth, as white as Ivory in few times using; and it will certainly Cure the Scurvy, and all other Diseases incident to the Mouth. Teeth and Gums, with Directions. That you may not mistake, and go to a false Pretender, my House is at the Blew-Ball, you may see it as you come into the Court. LONDON, Printed for L. Curtis, at Sir Edmundbury-Godfrey's-Head, near -Bridge, 1693.

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The ORDINARY of NEWGATE his Account of the Behaviour, Confessions; and Dying-Words, of those Condemned Criminals, who were Executed at Tyburn, on Wednesday the 3d of November, 1703. AT the Sessions held at Justice-Hall in the Old-Baily, on Wednesday and Thursday, the 13th and 14th of October last, two Persons were found Guilty, and accordingly receiv'd Sentence of Death, and five more were called to their former Judgments. From the time of this their Condemnation, to the Day of Execution, I constantly attended them, and had them up in the Chappel twice every day; earnestly and pressingly admonishing them, both in publick and private, to an ingenuous and sincere Confession of their Sins; and to a hearty forsaking of them, and imploring God's Mercy and Grace duly to lament for them, and effectually to repent of them, if ever they intended to avoid the Eternal Horror and Misery and Torments of the Damned in Hell; and were at all (as they should greatly be) concern'd for the Joys and Glory and Happiness of the Blessed in Heaven. On the three intervening Lord's-Days, I preach'd publickly to them and others then in the Chappel; viz. The first Lord's-Day, the 17th of Oct. both in the Forenoon and Afternoon upon Eph. 6. 18. being part of the Epistle for the Day, and the Words these: Praying always with all prayer and supplication, and watching thereunto with all perseverance, and supplication for all Saints. From which Words I shew'd, 1st. That by this Expression, Praying always, is to be understood, not the being continually on our knees in the act of Prayer (for the necessities of Human Life will not permit it;) but the keeping our selves at all times void of offence, and in such a Holy Frame of Spirit, as to be always fit for Prayer; taking all opportunities for it, and doing it as often as our own and others occasions call us to it, and we can possibly perform it. In which sense are to be taken also this of the Apostle's, 1. Thess. 5. 17. Pray without ceasing, and such like Precepts, which we find in other Places of Scripture. 2dly. That we ought to do this (as the Text directs) with all Prayer and supplication; using all proper Forms in our publick, and all liberty of Words in our private Prayers, that may both express our wants, and excite our affections; so as to omit nothing which we should pray for; distinctly petitioning for good things, and deprecating evil ones. 3dly. That this is to be perform'd in the Spirit, that is, 1. With our own Spirit, with full attention and application of Mind; so as not to draw nigh to God with our Mouths only; but to make our Addresses and Approaches to him with all the Fervor and Zeal and Affections of our Souls: And 2. We must do this with the Spirit of God, by whose only assistance we can make acceptable Prayers to him, according to what the Apostle says, Rom. 8. 26. and 27. The Spirit helps our Infirmities; for we know not what we should pray for as we ought: But the Spirit it self makes intercession for us with groanings which cannot be utter'd. &c. 4thly. That we ought to be vigorous and constant in this excellent Exercise of Prayer, joyning all the Faculties of our Souls to the Divine Spirit, which (upon our fervent application to God for it) we shall surely receive, according to our Saviour's Promise, Luk. 11. 9. Ask, and it shall be given you: Seek, and ye shall find: Knock, and it shall be open'd unto you Which he speaks of the Spirits; as it is most evident from what follows V. 13. Your Heavenly Father will give his Holy Spirit to them that ask him. And both in our asking for, and co-operating with the Divine Spirit, we must use all diligence, vigilancy, and watchfulness, in obedience to Christ's Precept and his Apostles, Matt. 26. 41. and Mar. 13. 33. Watch and pray. Col. 4 2. Continue in prayer, and watch in the same; and I Pet. 4. 7. The end of all things is at hand; be ye therefore sober, and watch unto prayer. Which Duty is to be done and perform'd, not only for once, but always, with all perseverance, i. e. with perfect constancy, indefatigableness, and unweary'd continuance in it; under every circumstance and condition of Life whatsoever, whether adverse or prosperous, tho' our Petitions may not be presently granted: For they shall be heard and answered at last, to our full joy and satisfastion, if so be that we faint not. This is what our Blessed Saviour himself so sensibly teaches us in the Parable of the poor Widow and the unjust Judge, Luk. 18. 1. &c. 5thly and lastly, That we are to pray not only for our selves, but for others also: For all Saints, says the Text, that is, for all the true Members of Christ's Church. And indeed we ought to pray for all Men in general, according to the Apostle's Exhortation, 1. Tim. 2. 1. I exhort therefore that first of all supplications, prayers, intercessions, and giving of thanks be made for all men. Which having said, he goes on to shew what Persons we should pray for in an especial manner; For Kings (saith he, v. 2.) and for all that are in authority, that under them we may lead quiet and peaceable lives in all godliness and honesty. In my further inlarging upon those Particulars, I took occasion to shew them the Necessity, Object, Excellency, Use, and Benefits of PRAYER, and gave them Directions for it; concluding with a particular Application to the Condemn'd Persons, whom I earnestly press'd the Practice of this great Duty upon. On the second Lord's-Day, being the 24th of Oct. I preach'd again to them both in the Forenoon and Afternoon, upon part of the second Lesson appointed for that Morning-Service, viz. Lu. 10. 25, 26, 27, and 28. And behold a certain Lawyer stood-up and tempted him, saying, Master, What shall I do to inherit Eternal Life? He said unto him, What is written in the Law? How readest thou? And he answering said, Thou shalt love the Lord thy God with all thy heart, and with all thy Soul, and with all thy strength, and with all thy mind; and thy Neighbour as thy self. And he said unto him, Thou hast answer'd right: This do, and thou shalt live. Having open'd the Text, and descanted upon these four Particulars in it, 1st. The Lawyer's great and important Question to Christ, Master, What shall I do to inhet Eternal Life? 2d. Christ's Answer by way of another Question, which he puts double to this Lawyer. What is written in the Law? How readest thou? 3d. The Lawyer's Reply thereto, Thou shalt love the Lord thy God with all thy heart, &c. 4th. Christ's Assent and Advice to him, Thou hast answered right: This do, and thou shalt live. Then I laid down this Proposition, as the Doctrine of the Text; viz. That Eternal Life is attainable by Obedience to the Law of God: Which Law plainly requires of us these two Things, which are comprekensive of all its Precepts. 1st. Love to God in the highest degree, to be shew'd in all the Actions of our Lives, especially by our ready submission, and thorough-resignation to his Will. And 2dly. Love to our Neighbour, (that is, every Man) in the same degree of sincerity with that we have for our selves; doing as much for him (so far as in us lies) as we would have him to do for us; and doing no more against him, than we would willingly he should do against us. After I had largely discours'd upon this, I proceeded further to shew, 1st. That a due Preparation for Eternal Life, was the chief Business of this, which is the only time we have for it. Because 2dly. When Death has given the final Stroke, our Day of Grace is at an end and it is impossible for us to repent and do any thing whatever in such a manner as it may be acceptable to God. And therefore, as a further Motive to this Preparation, 3dly. We ought to consider, that our Life here is but very short, and when once ended, there immediately follows an irreversible and Eternal State, either of Misery or Happiness. These I inlarg'd upon, and apply'd in particular to the condemned Prisoners; whom I exhorted from the Consideration of its Shortness, to husband their time so well in Prayers, and Meditations, Self-Examination, and Stirring up of themselves to true Humility, Contrition and Repentance, that by the Grace of God, establishing them, in Faith, they might work out their Eternal Salvation. On the third Lord's-Day, the 31th of Oct. I preach'd to them again, viz. in the Forenoon upon Prov. 11. 31. being part of the First Morning Lesson, and the Words these, Behold the Righteous shall be recompens'd in the Earth: Much more the Wicked and the Sinner. From which I shew'd, 1st. That even Good-men (because they are not exempt from Sin) may expest to be punish'd: But their great Happiness is, that all their Punishments and Miseries will end in this World. Whereas, 2dly. The Wicked and incorrigible Sinners, that do obstinately continue in, and will never be perswaded to leave off their Sins, must expect to be punish'd, not as the former, in Mercy, but in Judgment; most severely, and without the least mixture of Spiritual Comfort with their Afflictions; which, by the just Providence of God, often begin in this Life, and are never to end in the next: For as they carry the guilt of their Sins along with them into the other World, so they shall there receive the Eternal Punishment due to them. 3dly and lastly, That this dreadful Punishment might be avoided by Repentance. Towards which I gave them some Directions, and referr'd the rest to the Afternoon. When I did (for the sixth and last time) preach in publick to them; choosing for my Text part of the Second Evening-Lesson, viz. Col. 1. 10. That ye might walk worthy of God unto all pleasing, being fruitful in every good Work, and encreasing in the knowledge of God. After some cursory Observations in general upon these Words, and their Context, I then proceeded more particularly to shew, 1st. That Walking worthy of the Lord unto all pleasing is, to devote our selves wholly to the Service of God: And that both Negatively and Positively, i. e. By avoiding all manner of Evil, and exercising our selves in all manner of Good (so far as possibly we can) in Thoughts, Words, and Deeds. 2dly. That Being fruitful in every good Work, and encreasing in the knowledge of God, imply our Progress and Advancement in all the Duties of Religion, and our constant striving after an attainment to that Perfection which is in Christ. 3dly and lastly, That upon our faithful discharge of this Duty of Walking worthy of the Lord - &c. these blessed Advantages will ensue, viz. Pardon of our Sins, which we stand in so great need of; Favour with God, which of all things is the most desirable; and Heaven at last, which implys all that is perfectly good, and is to be the End of all our Desires. Upon which Heads, after I had amply discours'd, I shut up all in a suitable Application to the Persons Condemn'd; putting them in mind again of the Duty of Repentance, and of the Shortness of their Time, which yet was all they now had to do this great Work in, and to prepare for Eternity. Thus I was (in my weak capacity) laying Precept upon Precept, and Line upon Line, while these poor Wretches were under Condemnation: Who seemed to be very attentive to my Admonitions, and sensible of their deplorable Condition; desiring my Prayers, and the Prayers of the Church for them, which they had. When the Dead-Warrant was come, then we understood, that three of them were Reprieved, and four to die. The Confessions of which Four, I shall here give you. But in regard that (for the satisfaction of some) I have been very large in the Account of my several Sermons preached before these Condemned Persons; I will (for the satisfaction of others) be so much the shorter in what I shall here further say concerning them. And therefore you will have in this Paper, the Substance only of what they said to me; which is as follows. I. Elizabeth Witherley , who was Condemned Dec. 14. 1702, for 5 Burglaries. She said, she was about 22 years of Age, born at Newcastle upon Tyne , of honest Parents, who gave her good Christian Education. But she coming-up to London about 5 years ago, after she had lived in a Service a Twelve month, fell into bad Company and ill Practices; turning a Whore and a Thief, &c. She acknowledg'd, that her neglect of the Service of God was the first occasion of her abandoning her self to all manner of Wickedness. She confess'd in particular the several Facts for which she was to die, and asked Pardon of God for all her Sins, and of the Persons she had wrong'd; wishing, she could have made them satisfaction, but it was out of her power. II. Mary Bunch , condemned also Dec. 14. 1702, for a Burglary by her committed jointly with the aforesaid Eliz. Witherley . She did not deny the Fact, nor her having been, in many other respects, a very lewd and wicked Person. She declar'd her self a Roman Catholick, and desired to die in that Communion. She told me she was about 26 years old, born at York , and corrupted since her coming-up to London , where she had lived some few years. She said she repented of all her Sins, and begg'd and hop'd for Pardon of them thro' the alone Merits of Christ. III Elizabeth Stanton , alias Deacon condemned on the said 14th Day of Dec. 1702. for breaking the House of Mrs. Ann Beak ; of which Fact she now confess'd her self guilty, and likewise of two other Burglaries, with Elizabeth Witherley before mention'd. She said, she was but 21 years old, born in the Parish of St. Clement's Dane ; That she had been a very lewd Woman, and a great Thief; for which she begg'd pardon of God and Man. IV. Mary Raby , alias Rogers , alias Jackson , alias Brown , who was condemned March 3. 1702, for a Burglary committed in the House of a Noble Lady living in Soho-Square . She said, she was 30 years of Age, born in the Parish of St. Martins in the Fields : That she was well-brought-up at first, and knew good things, but did not practise them; having given up her self to all manner of Wickedness and Vice, namely, Whoredom, Adultery, and unjust Dealings. But as for the Fact she stood condemned for, she only own'd so much, and no more of it than this, That some part of the Goods stoln out of that Lady's House, being brought to hers in the Spring-Garden , where she then lived, she understood the next day after the Robbery was committed, (and not before) whose Goods they were. She acknowledg'd, that having been so great and notorious an Ill-liver, God had justly brought her to this her shameful End; and she earnestly pray'd, that he would please to forgive her all her Sins for Christ's sake; saying that now she had taken-up a Resolution, that if she were to live longer in this World, she would (by the Grace of God) never commit any such things again. She said, she had a Husband, (she thought in Ireland) if still alive; but she was not certain of it, because it was now 6 years since he left her. However she was sorry she had defiled his Bed, and desired him to forgive her that injury. She begg'd also pardon of all the World in general, for the scandalous, impious, and wicked Life she had led. And she pray'd, as the other three also did, That all wicked Persons (especially those they had been concern'd with) would take Warning by them, and might have Grace so to reform and amend their Lives betimes, that they might not be overtaken in their Sins. Having (all of them) made these their Confessions to me, they stood to the truth of them; and being ask'd at the Tree, whether they had any thing else to declare for the disburthening and clearing of their Consciences, they answer'd me, No. And here Mary Raby , whom I particularly press'd again to speak the whole truth, in relation to the Fact she was now to die for, persisted in what she had said before about it: But owned that she had been a very great Sinner indeed, One that was guilty of Sabbath-breaking, Swearing, Drinking, Lewdness, Buying, Receiving, and Disposing of Stoln Goods, Harbouring of ill People. But she still deny'd her being in the Robbery committed in the Lady's House before mention'd. This being over, I exhorted them all to implore the Divine Assistance in this their time of need. Then I pray'd and sung a Penitential Psalm with them: And so recommending them to the unbounded Mercy of God, I left them to their private Devotions, for which they had time allow'd them. At my leaving them, Mary Raby said, That she heartily thank'd me for the great pains I had all along taken with her and the others; and she pray'd to God to bless me, and my Family. Then she spoke to the People to this purpose, That she had been a very Lewd Woman, a Receiver of Stoln Goods, &c, and that her frequenting Musick-houses, and such like Places, was the beginning of her ruin: But she said withall, that often she had been abused, by being accus'd, and thought guilty of Facts which she had not done, because she had the Name (and that not undeservedly) of being an Ill-liver. After this she call'd aloud to me, and desired me to warn Arthur Chambers from her, to leave off his sinful Course of Life. Then she declared over and over again (as the others had done before) that she forgave all the World, and dy'd in Charity with all Mankind. Which having said, both she and the rest call'd upon God in these and the like Words. Lord have mercy upon me! Sweet Saviour, receive me! Lord Jesus, open thy gates to me; Let me come in, let me enter into thy Paradise. Lord, I come to thee, I come, I come. O Lord, forgive me my Sins! Lord have mercy upon my sinful Soul! I hope thou hast forgiven me, and wilt make me happy with thee. Lord Jesus receive my Spirit! AMEN. While they were utteting these and such like Ejaculations, the Cart drew away, and they were turn'd off. This is the impartial Account given of this Sessions, by Wednes. Nov. 3d. 1703. PAUL LORRAIN , Ordinary . London Printed for Eliz. Mallet , next the King's-Arms-Tavern , near Fleet-bridge . 1703.

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THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, and Dying Words OF THE MALEFACTORS Who were Executed at TYBURN , ON FRIDAY the 26th of JULY, 1745. BEING THE Fifth EXECUTION in the MAYORALTY OF THE Right Honble Henry Marshall , Esq; LORD-MAYOR of the CITY of LONDON . NUMBER V. For the said YEAR. LONDON: Printed, and sold by M. COOPER, at the Globe in Pater-noster Row . 1745. [Price Six-pence.] THE ORDINARY of NEWGATE, His ACCOUNT of the Behaviour, Confession, &c. To the EDITOR of the DYING SPEECHES. SIR, THERE are three duties to which all mankind seem expresly obliged. The first is that which we owe to the Immortal Being, who gave us existence, and honoured us with reasoning faculties. - The next is the reverence and esteem we are obligated to pay to our superiors, who are so constituted, in order to the well-being of the community; since without government, which presumes superiority, it is difficult to conceive how peace and happiness could subsist amongst us. - The last is the duty which we owe to each other, as fellow creatures, which is usually stiled humanity. - This partly springs spontaneous from the soul, and is partly founded on education. Men therefore rarely want this social virtue, until all that is good is eradicated from the heart by evil communications; which gradually corrupt, and in process of time, like the maggot in the nut kernel, destroy its vital bloom. The first step to the want of humanity, is in forgetting the obligations we are under to our Creator. The next is in being wanting of respect to our superiors, and the last of setting too little value on that part of our selves, which chiefly contributes to make us amiable. The great and the little equally share in the undervaluing the noblest part of their existence, but attended with very different consequences. When the great are so unhappy as to forget themselves, the biass of education, and bright examples constantly before them, contribute, if not to set them quite right, yet at least to preserve them from absolute deviation. While the lower sort of people, especially about this town, wanting the same advantages of both education and example; if they once vary from the road of virtue, they are, generally speaking, lost past redemption. But if the case should be, which chiefly engages this letter, that there is a third rank, which, if I may so speak with propriety, are less than the little, that had never any opportunity of knowing the goods things of either heaven or earth; lost from the moment of their birth, and immersed from their cradles in ignorance, stupidity, and misery: I say, if such people there be, and those in multitudes, within the verge of this capacious hive, what sort of creatures are the best of us all, who preach and pray, or cant and talk nonsense, with eminent divine faces, that send missionaries abroad, to convert the Indians, or buy bibles, to make the Welsh and Highlanders Christians, while savages live in crouds under our noses, whom we treat on Popish principles, and convert by hanging, or transporting? Would not a stranger who had heard of our society for propagating the Gospel some thousand miles off, if living here a little time, and seeing the miserable wretches which every day present, conclude all religion a farce, and government a mere jest? If he saw at the same time 20,000 people idle, while a few hundreds travel from the most remote parts to make our hay, or reap our corn; would he not conclude us all infatuated? or could he wonder, if he saw these prey like wild beasts on all they meet, when he sees so vast a disparity between street and street, person and person, one glorious rich and shining, the other miserable, beyond even a sense of misery? Would he not naturally ask why are not the ways of these people more attended to? Does it require so much skill to make the poor industrious here, more than in other places, that human understanding is not capable of reaching the means? And are these your fellow creatures just under your eye of less regard to you, than those who live some thousand miles distant? These and such like would be the natural and obvious reflections of a simple stranger. It is a general principle here, that charity begins at home. And it may without vanity be said, that the English are not the last amongst the nations, for either generosity or humanity. How happens it then, that these principles are evidently falsified, and that charity, generosity, and humanity seem to be quite banished from amongst us; surely it must arise from the want of understanding the disease, through a defect of the state of things being set in a picturesque light, and placed in the view of all; or such a complaint, such a shocking grievance could not possibly exist. In the last hard frost I observed all ranks of people extremely generous and humane. They themselves felt the severity of the season. Nature then pictured the hardship, and presented it before them, they evidently perceived it, and acted with a becoming humanity, some say to an excess. They then thought it their duty to preserve their fellow creatures from starving. But is it less now their concern to keep them from being hanged, or have we more purse than brains? I take it that the welfare of a state depends on the industry of the people. I likewise conceive that every government has power to make the idle labour; nay I am convinced we have laws sufficient in force for that special purpose, and apprehend that were such laws only so far regulated, as is consistent with our liberties, and the power of them vested in a number of people of the best reputation in each parish, with ample authority to inquire into the lives and manners of the inhabitants, subject to proper appeals in a summary way, before a set of Judges by the Sovereign, specially appointed; on the one side, our liberties would be well preserved by such a check, on the other, roguery and idleness nipt in the bud. We are very cautious of putting too much power into private hands, which in general is very right; but it is likewise agreed of two evils to choose the least. And can any power, though never so arbitrary, which is not the case intended here, be equal to the evil we now labour under? What signifies my having liberty to affront my superiors, when I have no power to guard myself against thieves and robbers, am neither safe in my person, nor can call my goods my own? This is reasoning for licentiousness, whereon the very evil we complain of is founded, and yet at the same time seem to wonder we can't find a remedy. Thus it will be, so long as unthinking men laugh at all that is serious, and had rather attend to the burlesque foolery of a farce or a puppet shew, than give themselves the least trouble to think by what means either themselves may be safe, or their fellow creatures happy. But as the necessity of things will at last convince them, that the care of others is the foundation of their own welfare; so in the event they will be obliged to know, that what to day hardly seems their interest to regard, will to morrow be found their peculiar business. The famous city of Jerusalem was ruined by idleness and inattention - The rulers sought a remedy when too late. Thieves at last became the governors, and every honest man had his throat cut. I am, SIR, Your very humble servant, Z. Brook-Street, Hanover Square, July 19, 1745. N. B. I am obliged to the above Author, and hope further encouragement by the same canal. - Direct to M. COOPER, at the Globe in Paternoster Row. All the ingenious and humane are desired so to direct. The Ordinary of Newgate, his Account, &c. BY virtue of a commission of Oyer, Terminer, and Goal-delivery of Newgate , held at Justice-hall in the Old Bailey , before Henry Marshal Esq ; Lord Mayor of the city of London, the Right Honourable the Lord Chief Baron Parker, Mr. Justice Burnet, Mr. Justice Denton, Sir Simon Urling , Knt. Recorder , and other of his Majesty's Justices of Oyer and Terminer for the city of London , and Justices of Gaol delivery of Newgate , holden for the said city, and county of Middlesex , on Wednesday the 10th and Thursday the 11th of July, being the sixth sessions of the present Mayoralty - The following Prisoners were tried and convicted, viz. John Riggleton of Stanmore Magna , in the county of Middlesex , for the Murder of his wife. William Kelly , Thomas St. Legar and Patrick Cave of St. Martin's in the Fields , for a robbery on Thomas Piggot , Esq; While under sentence of death, I attended them as usual, and ministered unto them with such pious discourses and exhortations, as seemed to me to best suit their present circumstances. On the morning of their execution, I preached unto them from the following text. It is taken out of the Gospel according to St. Mark, chap. ii. verse 17. - I came not to call the righteous, but sinners to repentance. From this I attempted to convince them, that the great end of the Saviour of mankind's appearing amongst us, was to reclaim the wicked, and from thence drew this favorable inference, That if they would lay aside their hardness of heart, and become new men, sincerely repenting of their crimes, look up to heaven for mercy, and set thereby a good example to others, they might yet become the children of grace, and enjoy with the Saints in heaven a happy eternity. I remarked to them the plain difference between minds absorped in vice and infamy, and those who had virtue and purity for their guide: I referred it to themselves whether, during their wicked courses, they had ever rest or peace of mind, whether they were not always disturbed, terrified, and uneasy, sleeping or waking; and whether they did not in the whole find theirs the most miserable state human nature is capable of conceiving. If then, said I, life be so miserable thus pursued, who that have their senses remaining would not heartily desire a change, such a one as might bring them peace, tranquillity, and rest here, and eternal happiness hereafter? I observed to them that if there was no such thing as a future state, yet there was a moral necessity of their living well, because upon it depended their present good; without that they could have no credit with their fellow creatures, and without credit arising from a regard and good will to one another, society could not subsist; this evidently appeared from the nature and reason of things, since we are able to do very little of ourselves, without the assistance of one another, in the pursuits of an ho nest industry: By this it is that we daily see men come as it were from nothing, and by justly acquiring wealth, shining amongst their fellow citizens in gilt coaches and nobly attended, while the idle and impatient are daily seen begging their bread, or what is worse, hazarding their lives every moment, by attempting to force from others what might more easily have been acquired by a moderate industry - besides the perpetual cares, fears, and perplexities attending wicked pursuits; troubles unknown to patient, honest men. Therefore, said I, if you are so hardened, as not to hearken to the good tidings of a future state, you cannot be strangers to what is so apparent to your senses, and consequently on considering a moment, must necessarily prefer what is evidently, and in every respect for your good, to what is plainly calculated for your unavoidable destruction; so that take it which way you will, whether your ways regard here or hereafter, it is still your interest as well as your duty to be honest. But as your affairs are now by means of your evil actions brought to this dreadful dilemma, and it is much too late to think of laying new plans of future behaviour, other than in a sincere repentance, let that now be your only study, that in leaving a world wherein you have always lived miserably, you may by the means of grace be entitled to a share in the glories of the heavenly Jerusalem, which God of his infinite mercy grant you may be able to attain. Amen. This discourse had its due effect, at least on some of them; and I hope as it led them into a sincere repentance, so it has greatly contributed to their eternal happiness. Thursday the 18th day of July the report was made to their Excellencies the Lords of the Regency, when their Lordships were pleased to pardon Patrick Cave , and to order the other three for execution. William Kelly , Thomas St. Legar , and Patrick Cave , of the parish of St. Martin's in the Fields , were indicted for violently assaulting and putting in fear of his life Robert Piggot , Esq; and taking from him his watch and forty guineas, the property of the said Robert Piggot , Esq; It may not be improper in this place to give some account first of Patrick Cave , notwithstanding his being reprieved for transportation, as the others seem to lay the whole blame on him, was their constant comrade in England , and his transactions during his acquaintance with them, very much interwoven with theirs. Patrick Cave , about 36 years of age, a native of the kingdom of Ireland , born, as he says, of very honest parents, who brought him up too much a gentleman to work, but having nothing to give him, wherewith to maintain his dignity, he when at years of maturity very modestly condescended to enter himself amongst the Gentlemen of the Livery , and served, as he pretends, various noblemen and gentlemen; but the master he says he served longest was a Lieutenant Colonel in General Armstrong's regiment, whom he calls Le Schelle, and says he was servant to him 12 or 14 years, and usually marched with the regiment; since which service he has been otherwise employed, as will appear in the sequel. - He set himself up for a thief of consequence, and as it is the fashion with such, he kept what the thieves call a Fence, or Lock; i. e. a place for the reception and disposition of stolen goods. For this purpose it was necessary he should have a woman, which he calls his wife, to take care of it: This woman, who called herself Sarah Cave , was indicted for receiving the goods which her husband, Legar, and Kelly robbed Mr. Piggot of, and convicted as an accessary, consequently is to be transported with her husband: Cave's being reprieved was not owing to his being thought less a rogue than the rest, but because he was the means of taking up the two others. Here we shall leave him for the present, that we may tell the story of his adventures but once over. Thomas St. Legar , 26 years of age, a native of the kingdom of Ireland , born, as he pretends, of very worthy parents, which we have only this single inducement to credit, he having been educated a good deal superior to what the ordinary people of that Kingdom usually are, being pretty skilful in merchants accompts, &c. His parents he says died when he was young, and some relations who were Papists educated him above being of a trade, so that like Mr. Cave, being a gentleman without wealth, he naturally enough became a footman , that being the usual resource of such gentlemen. However, he says he for some time served several merchants as a book-keeper , but not behaving well, was obliged to leave his places, and for some time employed himself in the fishery on the coast of Ireland in boats of his own, but wanting sufficient industry to conduct such undertakings, he next turned footman, and then thief. He was under terrible apprehensions at the approach of death, and seemed to leave this world in great trouble and disorder of mind. William Kelly , about 35 years of age, was likewise a native of the kingdom of Ireland , and consequently a gentleman: He came from Ireland some years since, and was received into the service of Dr. Carrol, a physician in Burlington Street , where he says he behaved very honestly, but after leaving that service he returned to Ireland, where he became acquainted with St. Legar, and they two agreed to make the tour of England , where they both became acquainted with Cave, and by his means, as they both pretend, with a variety of thieves and leud women. Kelly was for some time sick in the cells, but recovered, generally behaved very decently, and died in the communion of the Church of Rome. As the adventures of these three were almost all of a piece after their becoming acquainted together in London, it would have been repeating the same thing three times over, to have related them under the heads of their respective lives. The first adventure they went upon after becoming acquainted together, was in joining their stocks for the purchase of an old landau, and a pair of indifferent horses, which St. Legar , as appearing most like a gentleman, was to be the supposed master of, Cave to be the coachman, and Kelly St. Legar's companion or footman, as best suited the design in hand. In dark nights they by means of a sham figure turned it into a hackney coach, in which St. Legar and Kelly usually sat until a coach was called; then they got out and kept at a proper distance to observe who took it, and where directed: In this scheme although they committed several robberies, yet as none happened to be of sufficient consequence to answer the great end of their expences, their highest purchase having been five guineas and a silver watch, which they got from a gentleman very much in liquor, and the thing making a noise, and beginning to be enquired into, they dropped this scheme, took off their figure, and Kelly being constituted coachman, they drove away one evening to May Fair in pursuit of adventures; St. Legar and Cave being pretty well dressed, left the coach to the care of Kelly , while they beat about the fair to see what they could meet with; in their rambles they observed two neat genteel girls alone walking arm in arm about the fair, St. Legar made his addresses to the one, Cave to the other; they did not seem very shy, but liking the looks of the men, their dress and pleasant behaviour, they were well enough satisfied with their company, and were with no great difficulty engaged to go into one of the booths to see a shew; Cave and St. Legar were both well enough acquainted with that kind of nothingness in conversation wherewith unexperienced young girls are so readily captivated, which with their talking of their coach, of their horses catching cold, &c. gave the poor girls no little ideas of the importance of their companions, who being fortune hunters, conceived with good management they might now get rich husbands: The two thieves had in their first views only the picking up some cash, but now had talked themselves into other thoughts of the matter, for the girls having a design upon them likewise, gave some distant hints that they were great fortunes, or should be such; which so fired the imaginations of our adventurers, that they lost sight of their main business, and wholly addressed themselves to love. In fine, both sides being on the catch, the affair was soon brought to an issue, the ladies were conducted to the coach, and from thence to the Fleet to be married: The adventurers pretended it was improper to go to either of their homes, and the girls finding themselves married, were willing to do as their husbands desired. The coachman was ordered to drive away to Goodman's Fields Bagnio , where after a short repast they went to bed in two several rooms; in the morning they began to enquire who each other were, and Kelly with some other of their companions coming to wish them much joy, the whole secret came out; the girls wept bitterly, but in vain; they were told they were well off that they did not take their money and clothes from them, since under pretence of being girls of fortune they were only milliners prentices, and consequently had put the cheat upon them; however, as they had done them the favour of a night's lodging, they would not use a husband's power; and as they found they had money enough in their pockets, so it was proper they should pay the reckoning, and then after giving them a very grave caution to beware of attempting to impose upon men for the future, they very civilly left them to their own reflections, without meddling with any thing they had. Some time after this adventure St. Legar having differed with his companions fell into the acquaintance of one Tom Williams a printer , as he pretended, who found him a lodging at one H - s in Golden Lane , a remarkable place for the resort of thieves. Tom Williams finding St. Legar very ready at his pen, and it being summer time, and very little business stirring, he recommended him to the proprietor of the Penny Post, to steal and transscribe letters and essays for him out of the publick papers, and articles out of the Sessions Papers and Dying Speeches. St. Legar working very hard, and finding himself but ill paid, and perceiving he had to do with a very ignorant fellow, instead of political papers and essays transcribed the whole Dying Speeches from beginning to end, and making the proprietor believe they were some of Dr. Swift's best writings, and related to great people at the helm of affairs, he readily inserted them. St. Legar immediately blowed this affair about to all the proprietor's acquaintance, and amongst the people who took in the Penny Post, and thus paying himself with a jest, returned to his acquaintance. St. Legar being reherded again with his old society, and cash being very low amongst them, they took a ramble one day into St. James's Park without any other immediate meaning than to see what accident might throw in their way: Walking along the side of the Mall they observed a very fine fellow walking with two ladies, to both of whom he seemed to make love with an infinite deal of affectation and foppery; and though his person was but very so, so, not to say ordinary, yet he seemed to act as if he imagined both the ladies were in love with him. A thought instantly struck St. Legar how to make a penny of him; he struck over to the footman on the other side of the Mall to enquire who he was, and where he lodged, which having learned, he returned to his comrades and acquainted them with his design, of robbing that gentleman, which he thus executed. He imitated a female hand, and wrote a very genteel letter, intimating that the writer was a young woman of quality, had a very great esteem for him, and would gladly learn his thoughts thereupon. This letter was wrote on gilt paper, folded up in a cover, and left for him at his lodgings, with directions how to answer it, which immediately after receiving was performed with great alacrity: Whereupon St. Legar leaves another letter, wherein the gentleman was appointed an interview on the south side of the Serpentine River in Hyde Park at six the next morning, where he came very punctually; but instead of meeting a Lady he found three men masked, who after diverting themselves for some time at the beaux expence, they desired the favour of his watch, rings, snuff-box, and money, which he very obligingly delivered; they then only civilly desired him, for his own sake to continue his walk a quarter of an hour, by which time they got into Kensington , took thence the road cross the fields to Chelsea , and so by water to London . This money and effects, together about forty pounds, was fairly divided, and in about a fortnight's time all gone: When necessity calling upon them again to look out, they committed the robbery upon Mr. Piggot, for which they were sentenced. John Riggleton of Stanmore Magna , in the county of Middlesex , was indicted for the wilful murder of Margaret his wife , by giving her one mortal wound with a knife in the throat, of the depth of four inches and a half, and the depth of half an inch, of which she instantly died, July 9. John Riggleton was again indicted and found guilty on the coroner's inquest. John Riggleton , about 30 years of age, a native of the town of Stanmore Magna , born of good honest parents, who put him to school, and had both will and abilities not only to have given him a good education, but also to have brought him up to business; but he was from his childhood, through a natural defect in his understanding, incapable of either; he therefore when of a proper age only followed labouring business , drove cattle to and from London , or otherways as occasion required, and sometimes applied himself to sowing and reaping: after some time spent in this way, he married a wife who had one natural daughter, and with whom he always lived in great discord; he was married to her ten or twelve years, and had by her several children, two whereof are still living, and were in the same room when the murder was committed, as was also her natural daughter. On the 9th of July, the day of the murder, he and his wife came to London together, at the instance of the wife, in order as it seems to see Stephens executed for the murder of his wife; after which execution they went home together very peaceably, but after they were a bed quarrelled, and then this fatal disaster followed. He was a man of very strong passions, and his wife, if report says true, of much the same unhappy turn; the man was really at intervals quite a lunatic, the woman mistress of no degree of prudence, so that their state together was perfectly miserable. He was in one of the worst of his fits on this fatal night, and the fire of his spirits not a little increased by the fuel of his wife's ill tongue, and worse behaviour: she wanted to shove the poor man out of bed, but he not being in a state of mind capable of bearing ill usage, he took out his knife from his coat pocket, and therewith first cut her throat, then drew his knife down her breast, opened her stomach, and ripped up her belly; he cut and mangled her face and body in such a manner as is hardly to be conceived. His wife's natural daughter, who was the eldest, got out of the room and ran away to the neighbours for help, while the poor young children that remained, hid themselves in the room as well as they could. The neighbours met the poor wretch, a little way from the house, with his bloody knife in his hand, and himself all over in goar blood, with a wildness and terror in his looks not to be described. He made no manner of resistance, but in a confused manner owned the murder, which indeed was so obvious as not to need any confession. When they asked him why he did it, he only told them an incoherent story about the devil, and such stuff as naturally enough occurs to ordinary minds on the like occasions. His behaviour during his continuance in Newgate was generally wild and inconsistent, and but now and then capable of giving a rational answer. I asked him if he intended to murder his children, or his wife's daughter, he answered plainly, no. At chapel his behaviour was quite extravagant. The first time he was there he sat upon the end of the Communion table with his face towards me as I was praying at the desk, staring for some time very hard at me; at length he rose up on a sudden, and putting his mouth close to my ear, made a most horrible outcry; I threatened to call the keepers, and then he desisted. After service was over I asked him the cause of such irregular behaviour; he said there was a man behind the grates stared him in the face, and he could not bear it. His appearance at chapel was really very frightful, his face had all the dried clotted blood remaining on it, and his breast being open a great quantity of the gore remained between his shirt and his breast. He from being extravagant, grew quite stupid and insensible, and left this world in a very miserable and deplorable way. If he was not mad, I know not how to account for his behaviour, he not seeming to have an understanding capable of acting it to so much perfection; but whether he was so before the murder, his neighbours are best able to determine. At the Place of EXECUTION. THAT morning I went to attend in chapel about six o'Clock, but none of the three attended save only the miserable murderer John Riggleton , who indeed was more regular in making some responses, and being attentive to prayers and exhortations than I or any other body expected. The other two, St. Legar and Kelly, would not come to chapel upon any account whatsoever, having been so indoctrinated by the Popish Priests, that they would not attend to the Protestant service, but rather willing to stay in the dungeon cells than to go up to the chapel of Newgate, where they would have had the benefit of good and free air. St. Legar confessed to me that he had been concerned in the smuggling trade for some time while he was master of some boats, and by this method of life he said he was always afraid of punishment, and it may be doubted whether it was not at last the occasion of his coming over to England ; for though he parted with his boats and went to Dublin , and took upon him to serve gentlemen in the capacity of a servant ; yet, by what I could gather from him about the reason of his entering himself into place, it was to serve him as a disguise, by which he was in great hopes of evading the law. Kelly told me he had been butler to the Lady Ross, and served her faithfully, but could not forbear acknowledging, that, in support of his extravagancies, he was much inclined to evil: And St. Legar, just before he died, cleared Cave their companion from being the particular occasion of this their misfortunes, saying, that they were all equally guilty, having together drunk themselves to a proper pitch for this diabolical deed. St. Legar and Kelly were unmarried men, and this they said made them the easier, for they left no family to inherit their misfortunes. John Riggleton , as death approached seemed to be under great concern, prayed earnestly and fervently to God for forgiveness. About eight o'Clock, the Sheriff demanding their bodies, they were all three put into one cart, and, through a great number of spectators, were carried to the fatal tree. When they came there, St. Legar appeared to be much frighted, Kelly was not quite so much affected, and poor Riggleton, being almost stupid, did not alter in his behaviour. They had nothing to add to their confessions; St. Legar and Kelly died Papists, and they with Riggleton, cried unto God to receive their souls. This is all the Account given by me, JAMES GUTHRIE , Ordinary of Newgate . I conceive the Reader will not be displeased, if instead of treating him with imaginary letters, I present him with a collation of thoughts on the subject of Murder, which can no where be more properly introduced, than on this fatal and barbarous occasion. THE two great principles which divest men of their humanity, are passion and resentment, while these are suffered to live in the breast of man, reason and social love are banished from his soul, and he degenerates into a being for which we have no regular appellation; some name it a fury, some a devil; but as neither of these terms are connected with, or relate to any visible objects, whereby to constitute any fixt idea, we shall only consider the man who is not master of his passions, but suffers them to break out into acts of violence, as a Being too wicked for words to express. Those who examine history find, that all mankind in every age or time, whether Heathens, or Christians, have concurred in esteeming a murderer, as the most profligate of all villains, and have generally adapted the punishment to the crime: It is the same case with many nations at this day, particularly in France; why they are treated in the same manner in England as other criminals, is owing to our being boun down to the letter of the law, th natural abhorrence we have to cru and bloody executions, and to the legislature's conceiving it hardly possible for a fellow creature to be guilty of a crime so barbarous and unnatural, more especially on those whom by all laws divine and human, we ought in a more particular manner to love and cherish; but as instances of this kind grow upon us, the law will by degrees in course become more severe, lest for want of a stop being put thereto in time, the government subject themselves to improper reflections, and we become the butcherers of one another with impunity. All mankind are so far capable of reasoning as to know the distinction between right and wrong in this particular case, however defective some may be in many others: And while we are allowed to have reason and to judge, there is not the least shadow of an excuse for the committing of so atrocious a crime, the true causes whereof are, as I said above, passion, and resentment, sometimes exercised hastily, but too often with deliberation, which is owing to pride, wilfulness, and inhumanity. The same man who beats another, for what he thinks some little affront to his dignity, would, if not for his own sake, as conceiving his destruction must follow, as readily murder him; and one is generally committed on the same principle as the other. Therefore the first guard upon one's self against murder, is to prepare against taking any seeming affronts. In the married state most quarrels arise from trifles, and the man is more usually affronted because the woman is impertinent, or won't condescend to think him her King or her God, than for any other crimes she can possibly be guilty of. Man vainly enough sets a very great value upon his power and understanding, and whoever affronts his mightiness in either of those particulars, he immediately conceives his worst enemies; when did he but reflect a moment on his own worthlessness, he would presently apprehend, that those who so treat him, contribute to give him the best light into himself, and consequently are his best friends whether they design it or no: While the charms of flattery, which only tend to the making of him mistake his real value, throw him into raptures, and cause him to esteem those his real friends, whom he ought to think of and treat as his worst enemies. Now the married woman by constant conversation knowing her husband much better than generally speaking he knows himself, and being too much his friend to deceive him, in the fulness of her heart vents her real thoughts of the matter; for as she is a being not capable of containing what she knows, nor perhaps studying human nature enough to be a little discreet, out it must come, and then she is a lit tle easy: Her Lord resents this, and thereupon according as he is blest with understanding, or has power to govern his passions, he either beats or murders her; the consequence whereof is, that in case of murder, he immediately recovers himself from one passion, and falls into another; astonishment, terror, and desperation immediately seizes the whole man; and as his pride and resentment in some measure crazed him before, he then grows quite distracted; he sees nothing about him but ghosts and devils; his optic nerves transform every object that presents, into horrid appearances, and those things which gave him before the utmost joy and delight, are changed into scenes of the utmost terror. Thus the beauties of nature and all its shining glories instantly vanish from his sight, and human thought is incapable of fully describing what is substituted in their stead: No man can possibly conceive the misery, that has not tasted it, and he who has, can never return to relate it. But from what we see outwardly we may in some measure judge, what kind of terrors are the reward of wickedness, the rest let no man in his senses know; and the sure way not to know it, is to carefully guard against suffering our passions and resentments, thro' pride and wilfulness, rising into a flame that consumes ourselves, and finishes our destruction. THE END.

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THE ORDINARY of NEWGATE his ACCOUNT, Of the Behaviour, Confession, and dying Words of the Malefactors who were Executed at Tyburn, on Wednesday the 26th of this Instant June, 1728. BY Virtue of His Majesty's Commission of the Peace, and of Oyer and Terminer, and Jail Delivery of Newgate, at the Sessions held at Justice-Hall in the Old Baily , (before the Right Honourable Sir EDWARD BEECHER , Knight , Lord Mayor of the City of London ; the Honourable Mr. Justice Page; the Honourable Mr. Baron Carter; the Honourable Mr. Baron Thompson, Recorder of the City of London; and John Raby , Esq ; Serjeant at Law ; and others His Majesty's Justices of Jail-Delivery, and Oyer and Terminer aforesaid; together with several of His Majesty's Justices of the said City of London and County of Middlesex,) on Wednesday, Thursday, and Friday, the 5th, 6th and 7th of June, 1728, in the first Year of His Majesty's Reign. Six Men, viz. Richard Evans , Thomas Ward , John Davis , Richard Hews , Thomas Jenkins and Bryan Macguire ; and two Women. viz. Margaret Conolly , and Eleanor Benson were convicted of capital Crimes, and received Sentence of Death. While under Sentence, they were instructed, how that having such a load of Sin and Guilt, both original and actual, lying heavy upon their Souls, it was necessary for them to be regenerated and born again, as our Saviour representeth the Matter, St. John 3. iii - Verily, verily, I say unto thee, except a Man be born again, he cannot see the kingdom of God. I taught them, that by Regeneration is imported, our becoming New-creatures, not in a literal Sense, as Nicodemus at first understood that Expression, till our blessed Lord further instructed him, but in a Moral, Heavenly and Spiritual Capacity. I told 'em, that whereas formerly they had been the Servants of Sin unto Unrighteousness, henceforth they must become the obedient Servants of Righteousness unto Holiness; approving themselves with Consciences void of Offence towards God and towards Man: As the Apostle St. Paul directs us. That they must be like unto Christ in all those heavenly and divine Qualities, which adorn the human Nature, preparing and disposing it for Heaven, and Happiness, and the Glory of the Life to come; in Humility, Patience, Meekness and entire Resignation to the Will of God. I show'd them, that as all Sin is abominable in the sight of God, who is of purer Eyes than to behold Iniquity in any of his Creatures; therefore it was their Duty to mourn before God, and Repent as of a Sin in general, so especially of those heinous Sins whereof they were convicted. Then I took occasion, to explain to them the great evil of Theft and Robbery, how near an approach it had to Murder, how destructive it was to all human Society and good Order, and how prejudicial to the Interest and Welfare of our Neighbours; and consequently, it must of Necessity prove highly displeasing to an holy, just and Sin-revenging God, who will by no Means clear the guilty. Exod. 34. vii. I instructed them also, that it was Necessary to confess their Sins ingenuously before God and the World, as tending to the glory of God, the Ease and Peace of their own Minds, and the Satisfaction of Mankind whom they had injur'd. I insisted on the nature of the Christian Sacraments, and what great Advantage their Souls might obtain, by partaking of the Lord's Supper, as proper to dispose them for the Joys of a future Life. While many such Instructions where given, all of them behav'd in Chapel and in the Cells, with abundance of apparent Devotion and Civility; Mr. Jenkyns, Hews, Evans and Davis made regular Responses, Ward was Illiterate and Ignorant, but appear'd to be very attentive, and serious and desirous of Knowledge, but of a slow Apprehension and dull Understanding; Mistress Benson was attentive and grave, but Illiterate and Ignorant, yet by Application, she attain'd to some Knowledge; Macguire and Mistress Conolly profest themselves to encline to the Church of Rome , but when in Chapel, they comply'd with the Worship, and seem'd Devout; Mistress Conolly having one way or other lost almost all her Cloaths, could not come to publick Worship for a good part of the Time; but when I visited her in the Cell, she appear'd to be desirous of Instruction and Prayers. None of them were Price Two Pence. of that rude and barbarous Disposition, as too many under their unhappy Circumstances use to be. Upon Wednesday, the 19th of June, the Report of the eight Malefactors under Sentence of Death, was made to his Majesty in Council: When Richard Evans of St. James's Clerkenwell , for privately stealing a Silver watch, value 30 s. the property of and from the Person of Jeremiah Frith , on the 30th of April last; John Davis of St. Dunstan's Stepney , for a Burglary committed in Company with Thomas Ward ; and Margaret Conolly of St. Ann's Westminster , for privately stealing a Gold-watch and Chain, value 20 l. in the House of Jacob Blaney , Esq ; on the 3d of April last, receiv'd his Majesty's most gracious Reprieve. The remaining five, viz. Thomas Ward , Richard Hews , Thomas Jenkins , Bryan Macgurie and Eleanor Benson were ordered for Execution. Richard Hews , of St. Mary Islington , was indicted for assaulting Mr. Bartholomew on the Highway, taking from him some Money and other things, on the 10th of April last, to which Indictment he pleaded Guilty. After he was admonished of the Danger, it being Felony without Benefit of Clergy, he still pleaded Guilty. He was a 2d time indicted, because with Bryan Macguire , on the 22d of April last, he assaulted Henry Bunn , on the Highway, in an open Place near Islington , putting him in fear and taking from him a Silver Watch, Val. 3 l. two Pieces of foreign Gold, Val. 11 s. and 3 s. in Silver, to which Indictment he likewise pleaded Guilty. He was a 3d time indicted, because he with the said Bryan Macguire , on the 27th of April last, assaulted Philip Dowling , on the Highway near Islington , and robb'd him of his Coat, Val. 10 s. a Wastcoat, Val. 5 s. a Hat, Val. 5 s. a Peruke, and 2 s. 6 d. in Money, to which Indictment he also pleaded Guilty. He was a 4th time indicted, for that he, with Bryan Macguire aforesaid, did on the 27th of April last, assault Richard Bridger on the Highway, in an open Place near Islington , putting him in fear and taking from him 6 s. in Money, to which Indictment he likewise pleaded Guilty. He was a 5th time indicted, because, with Bryan Macguire and William Sefton (executed last Sessions) he assaulted Edward Carrol on the Highway, putting him in fear and taking from him a Gold Ring, Val. 20 s. and 4 s. in Money, on the 27th of April last, and to this Indictment he also continued to plead Guilty. It seems, he being conscious of his Crimes, resolutely took the shortest Method, expecting (as he said) nothing but Death. Richard Hews , about 24 Years of Age, of honest Parents, who gave him good Education suitable to his Station, and instructed him in religious Principles, in which he was a little more knowing then most of his Fellow sufferers. When of Age, he was put to a Bricklayer , and his Time being out, he afterwards married a Wife, and follow'd his Business for some time, till becoming acquainted with William Sefton , who was executed last Sessions, they listed themselves for Soldiers , but as they were going to Scotland, where the Regiment then was they thought fit to leave the Serjeant who conducted the Recruits at some Town or Village in England, and to turn aside to the Highway to levy Money of Travellers, as their own failed them. He confest himself to have been a very great Sinner, and that the Occasion of taking himself to the Highway, had been his keeping bad Company with lewd Women, who had no good Advice to give, but were satisfy'd what ever way their Prodigality was supply'd, although to the manifest Destruction of their Paramour, otherwise he had no Occasion to rob from others, since he might have lived well by his own Employment, and much better than he could pretend to do by theiving; but accustoming himself to Idleness, he could not afterwards apply himself to settled Business, but joyning in Confederacy with Macguire and Sefton to rob upon the Highway, after they had follow'd this way only for 9 or 10 Days, they were all three taken and brought to suffer condign Punishment for their wicked Courses. Hews behav'd civilly and was very careful in reading and praying, appearing Devout at Chapel, and pretending great Penitence. He begg'd Pardon of God and Man for the Offences of his Life, acknowledge himself among the Chief of Sinners, declar'd his Belief and firm Hope of being sav'd by the Mercy of God in Christ, that he sincerely repented of all his Sins, and died in Peace with all Mankind. Bryan Macguire , of St. Mary Islington , was Indicted for assaulting Henry Bunn on the Highway, and taking from him a Watch, value 3 l. two pieces of Gold, val. 11 s. and 3 s. in Silver, on the 22d of April last. Bryan Macguire was a 2d indicted for robbing Philip Dowling on the Highway of a Coat, val. 10 s. a Wastcoat, value 5 s. a Hat. val. 5 s. a Peruke and 2 s. 6 d. in Money on the 27th of April last, Richard Hews (and William Sefton , executed last Sessions,) being in his Company. Bryan Macguire was a third Time indicted for assaulting Richard Bridger , at the same time, and accompanied with the same Persons, on the Highway, and taking from him 6 s. in Money. He was a fourth time indicted, for assaulting Edward Carrol , on the Highway near Islington , and taking from him 4 s. in Money, and a Gold-ring, value 20 s. on the 27th of April last. The before mention'd Hews and Sefton in his Company. Bryan Macguire , 28 Years of Age, born at Wickloe , in the Kingdom of Ireland , of honest Parents (as he said) who gave him Education at School, and when of Age, bred him to be a Sawyer , which Employment he follow'd, for some time, but about 4 or 5 Years since coming to London with his Wife, sometimes he follow'd his Business here, in and about the Town, and at other times, to get Money in an easier Manner, apply'd himself to biting and tricking People of Money, and what other Things he could Purchase that way. One Instance of which is, that he us'd to go about the Streets, to Coffee-Houses and other publick Houses, feigning himself dumb, having the dexterity to draw up his Tongue about his Throat, then showing his Mouth, they could discern nothing but the Root of his Tongue, which made People think that he had no Tongue, but that he was naturally Dumb. He declar'd, that he never robb'd any but in Company with Sefton and Hews for a few Days, but that he made no Conscience of Cheating and Tricking, as occasion offer'd, and when he was discover'd in his villainous Practices, falling in with his two Accomplices, he follow'd their Advice, in laying aside any further Pretensions to Order or Honesty, and took himself to rob on the Highway in their Company, they agreeing to share equally all they could Purchase in that unlawful Manner. But this Agreement lasted only for a few Days, ending in the speedy destruction of all the Three. He own'd himself to have been a notorious Sinner, in Lying, Drinking, and Whoring, although not so much addicted to swearing, as many others, yet not intirely free from that Sin; But above all, that Covetousness and an Inclination to Cheat and Bite others out of their Goods or Money prevail'd, and that this was the immediate Cause of his Ruin. He was a Fellow of a pretty quick Understanding, and although he declar'd himself firmly addicted to the Church of Rome , yet he always attended in Chappel, comply'd with the Devotion, and made regular Responses. He declar'd, that he be liev'd to be sav'd only through the Merits and intercession of Jesus Christ, and repented truly of all his Sins, especially those heinous ones which brought him to so much Shame and Sorrow, that he forgave all Men the Injuries done him, as he expected forgiveness from Almighty God, and acknowledg'd the Justice of his Sentence according to Law. Thomas Ward , of St. Dunstan's Stepney , was indicted, for breaking open the Dwelling-House of Nathaniel Ash , on the 2d of May last, in the Night-time, and taking thence a Copper-cover of a Pot, and a Brass-cover of another Pot. Thomas Ward , 25 Years of Age, born in Norwich , of mean Parents, who gave him little Education, and he being of a cross and wicked Disposition, was not willing to receive even that mean Education they were capable to give him, so that he could neither Read nor Write. When of Age, he serv'd a Butcher , and (as he said) was honest, while he remain'd at Norwich : But some Years ago coming to London , and getting Business in his own Way; at his leisure Hours he frequented the Geneva Shops, and there falling in Company with some idle, lewd young Women, one of them with whom he was familiar, threatn'd to swear a Child upon him, if he did not marry her. Ward afraid of Imprisonment, and persuaded by some others who promis'd to Advance him what Money he might stand in need of, withal exaggerating the Danger he was in, comply'd with the Proposal, and married the young Woman; who (as he said) prov'd a most undutiful Wife, carrying away all he had, whether Money or Cloaths, and dispos'd of all his Effects to support herself in Drinking and keeping Company with other dissolute and lewd young Men, who kept her Company. Upon this Account he parted from his Wife, and after a considerable time married another, with whom he liv'd, and when he wanted other Business, apply'd himself with a Number of young idle Fellows, to the stealing of Lead from Gentlemen's Houses; but as to Street or Highway Robberies he denied that ever he committed any such, all he did being only to pick up any small loose Thing which fell in his way, he never having the Courage or Dexterity to pick Pockets. He said also, that he never was guilty of Burglary or House-breaking, excepting in that particular Instance, of which he was convicted: And this also he endeavour'd to extenuate, alledging that he only lifted up the Shutter and took away the Things, and that one Side of the Cistern was without the Dwelling-House. As for the House in Shoreditch, which was maliciously set on Fire by some villainous Thieves, who bore some Grudge at, and (as some think) design'd to murder the Landlord: He very often declar'd to me with Tears, and sometimes upon his Knees; that he knew nothing of it, as he was to answer to God, &c. He said indeed, that he suspected, that one R -, with two other Rogues hand a Hand in that Affair: As to his being in the Street that Night, it was accidental, he and another Fellow being out upon their grand Design of stealing Lead from Houses, and that when the Fire began, they were above a Hundred Yards from the House. He was a very mean ignorant Fellow, I instructed him in the first Principles of Christianity, both in Publick and Private, but he was so dull and slow in Understanding, and had been so long inured to wicked Courses, that he attained to very little Knowledge. He owned himself to have been one of the greatest of Sinners, wholly immersed in brutish Sensuality, altogether negligent of his Duty to God, knowing and studying nothing of religious Matters. He was always apparently serious and very attentive in Chapel, professing his Faith in Christ his only Saviour, a sincere Repentance for all his Sins, and acknowledging the Justice of his Sentence, and that God in Justice had afflicted him for his many great Sins, and that he died in Peace with all the World. Thomas Jenkins , of St. George's Hanover-Square , was indicted for breaking the House of John Wright , Esq ; on the 31st of May last in the Night Time, and taking a silver Tea kettle, a silver Lamp; a Chaffingdish, a Soop-ladle, a Top of a Cruet, 3 Forks, 12 Spoons, a Milk-pot, 5 Teaspoons, all of Silver, besides two silver-baskets, several Silver-hafted Knives and Forks, a Gold-watch, Diamond-ring, and several other valuable Goods, to the value of 400 l. and 82 l. 16 s. in Money. Thomas Jenkins , as he said, about 30 Years of Age; descended of honest Parents in Herefordshire , who gave him good Education and instructed him in Christian Principles: But before he had time to make much Progress at School, they sent him to Bristol , where he did some little Business for an Uncle and some other Relations: Afterwards when he was advanc'd in Years, he Serv'd as Butler in Houses of Noblemen of great Quality, and behav'd himself with Discretion and Honesty. He denyed that ever he had been guilty of Theft, except in the particular Instance of which he was convicted; or that he had been notoriously Vicious in his Life, either in Drinking, Whoring, Swearing or Lying, as is common to most of them who are Guilty of those Crimes, but that he had always endeavour'd to live Soberly, and that he went to Church, when out of Service, or when his Business would allow him. As to the Crime for which he suffer'd, he own'd that he had all the Plate, Money and Goods of value, as they Swore against him, and that he believ'd, the Gentleman did not lose any Thing, for if any small Thing had been taken out, that it was made up by a little Money of his own, which he laid in with what he had stolen. He deny'd, that he had concerted with any Person to rob his Master, but that two young Men of Vagrant idle Life, (who, as he believ'd, liv'd by frequenting Gaming-Houses, or otherways upon unlawful Purchase) frequently Advis'd him to rob Mr. Wright, not doubting but he might carry off a considerable Booty, which he might carry to Holland, or some foreign Place, and there dispose off it. Although they frequently importun'd him to this horrid Wickedness, and upbraided him with Pusilanimity, in not daring to execute such a villainous Attempt; yet he did not consent to the Proposal, although he did not altogether dislike it, making but a faint Resistance. At last, they Swore that they would commit the Robbery, if he would not. And the Night he left Mr. Wrights's Service, from some former Discourse of theirs, suspecting they would put their Design in execution, he did not go to his Lodging, but having drunk liberally, he walkt the Streets, and when he thought they might be setting about their Enterprize, he went to Mr. Wright's House, and that after he had gone three times about the House, without discovering any thing of them, at last one of the Fellows came up to him on the Middle of the Street, and deliver'd to him the Bundle with all the Goods, desiring him to wait, till he went and brought up his Companion and Assistant in the Robbery. Jenkins thought fit to make the best of his way, to shun his Associates whom he saw no more, and to keep all to himself; although this unlawful Purchase continued a very short time in his Possession, he having been apprehended the next Day, and the Goods recovered to the right Owner. He declar'd, that he knew no more of it, only he owned, that having been out of Service for some considerable Time, and most part of what he had, having been laid out for some of his Friends, he stood much in need of Money, which may make it suspected, that if he did not break open the House and steal the Goods himself, at least that he knew of the Design, and was upon some Concert with the Rogues. He behav'd with abundance of Civility, and appeared very Devout in Chapel, professing great Penitence, and declaring an earnest Desire to take the Sacrament. I advised him to forget his old Parents, Friends and Relations, for whom he shew'd a great Concern, because of the Reproach which his shameful Death would cast upon them; to fix his Thoughts wholly upon God and Eternity. He declar'd that he altogether contemned this World, believing to be saved by the Mercy of God in Christ, repenting of all his Sins sincerely, dying in Peace with all Men and in Communion with this Church. The Day before they were executed, two or three Gentlemen of Honour came to Mr. Jenkins, and told him, if he would freely discover his Accomplices, his Life should certainly be saved, but he would not alter from his former Declarations, which appearing altogether improbable, they left him to think upon it, and the Morning before his Execution, he persisted inflexible, refusing to make any further Discoveries to me. Eleanor Benson , alias Cater , of St. Giles's in the Fields , was indicted for assaulting Margaret Sutton , on the Highway, putting her in fear, and taking from her a Pocket, val. 1 d. 3 Keys, val. 3 d. a Thimble, val. a Half penny, and 3 s. in Money. Eleanor Benson , near 23 Years of Age, might have got Education from her Parents, but was of such a perverse and wicked Disposition from her Infancy and Childhood, that she would apply herself to nothing that was good, but joyning to the worst of Company, she gave loose Reins to her sensual Appetites to such a Degree, that wholly void of Virtue, she became altogether a vile Slave to Vice. Having lived in a dissolute Manner for some Years, she took one of her Acquaintance for a Husband, with whom she cohabited, till disliking, or wearied of one another, she sell in with Edward Benson , executed last Sessions for Street Robberies; with him she agreed so very well in Manners and Temper, that he chose her for one of his four Wives, possibly as being more wicked than all the rest. She denied that she was a Thief or Robber, saying that she had not Strength nor Courage, for such desperate Enterprizes on the Street or Highway; but own'd that she knew of every thing which her Husband and his Associates did, and received all from him. As to the particular Fact which she suffer'd, she said that M. S. - swore falsly against her, out of Malice, because she sought some Money which she ow'd for stollen Goods of her late Husband, which had been sold to her, and because she threatn'd to bring D - or N - the Evidence upon her, if she did not do her Justice, adding that she too much encourag'd Thieves by receiving of and disposing of their stollen Goods. She being very ignorant of Religion, I instructed her in the shortest and easiest way could be thought upon: She attain'd to some Knowledge, as the shortness of Time, and the vicious Habits of her preceeding Course of Life could allow. She appeared to be a young Woman of good natural Parts, if they had not been sullied with vicious Habits and Propensions. Some suspected that she had committed some Undecencies while under Sentence, but she said God forbid that I should deliberately damn my Soul, while I knew that I was a dying Woman. She always behaved civilly, and with attention in Chapel. She declar'd her Faith in Christ her only Saviour, a true Repentance for all her Sins, and acknowledging that she suffer'd justly for her sinful and scandalous Life; she died in Peace with all the World, and an unworthy Member of this Church. At the Place of Execution, ELeanor Benson said, that it is a good Rain, (for it rain'd and thunder'd violently while they stood under the Tree) I hope the Dew of Heaven will rain down Grace upon our Souls; and added, that she, her Husband and Thomas Neaves , lodged at Mrs. Toys in Rotherhith , who took them to be Sailors, thinking they had some Brandy 0 bring on Shore; for which and no other Use Thomas Neaves borrowed 15 s. of the said Mrs. Toys, and that she was ignorant of what was swore against her, as the Child that is unborn. Mr. Jenkins return'd very hearty Thanks to several Persons of great Quality, who had endeavoured to save his Life, and pray'd for many Blessings upon them and their Families; and forgave all who had been any way against him. Macguire said, he had nothing more to add to his Confessions: He was of the Romish Communion . They were all in appearance serious and attentive to Prayers. Mr. Jenkins gave me many Thanks for my kind Admonitions and Attendance. They went off crying out, Lord Jesus receive my Spirit. This is all the Account given by me, JAMES GUTHRIE , Minister at Newgate . London : Printed by JOHN APPLEBEE , in Black-Fryers .

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An Account of the Behaviour and Confessions of the Condemn'd Criminals that were Executed at Tyburn on Wednesday November the Sixth, 1700. MR Wykes, the late Ordinary of Newgate Prison, being deceased, I was appointed (during the Vacancy) to attend the Prisoners there, and accordingly on Saturday last, being the second instant, I began to visit them. I then pray'd with them, and exhorted them to Repentance; using to that purpose all the Arguments I could think proper to work them into a just sense of their miserable Estate, &c. On the Lord's Day I Preach'd to them both in the Fore and Afternoon, and took my Text out of 1 Cor. 15. 24. which was in these Words; Awake to Righteousness, and Sin not. From which I shew'd them, 1st the mischievous Consequences of Sin, 2. The necessity of Repentance, 3. The means of effecting it, and obtaining Pardon of God. On Monday I attended them again, and continued Exhorting, and Instructing, and Praying with them. And then proceeded to an Exhortation of each of them in particular; adapting at the same time, Admonitions suitable to their respective Cases. Now I thought them to be Penitent, and willing to endeavour after the obtaining that state of Grace, which I had shewed them they must be in, before they were fit to enter into that of everlasting Happiness and Glory. They sighed mightily, and grown'd and shed Tears: But would not confess, but obstinately deny'd their Crimes. They had told me the Day before, namely the last Lord's Day, that Thomas Payne (one of the Condemned Prisoners, and a Papist ) desired to receive some Instructions from me, that very Afternoon, in the Lodge, and now they repeated that Request again to me, who told them that I was very willing to give him the satisfaction and Instruction he desired; and therefore intended immediately to follow them to the Lodge. But by the good Providence of God, which I humbly acknowledge, and am thankful for, staying behind a little longer than I purposedly design'd, and they expected; when I came down, I found they were all in an uproar in the Lodge, where they offer'd violence to the Officers about them, and took some Persons into the Hold, where they kept them all Night. To repress this Mutiny, and make these Prisoners governable, the Officers were forc'd to fire several times upon them. And then it was that one of the Criminals, Michael Brown by Name, was killed with a Bullet. On the Tuesday I went to speak to them in the Morning, but could not perswade them into a sober sense. In the Afternoon they were now willing to come and meet me in the Chappel; but it was not thought safe they should then be remov'd out of the Hold, least they should again grow Rebellous and troublesom. On this Day I went to them betimes in the Morning, and had them in the Chappel, I made a short Exhortation to them, and then prayed for them suitably to their Conditions. I was forc'd to be very succint for fear of fresh Disturbance. They were carried down again, and being a little while after put into several Carts, and conducted to Tyburn , I met them at that place of Execution to assist them with my last Admonitions and Prayers: when they were seeing themselves upon the brink of Death, they made more open Confessions than before; which are as followeth, I. John Slaughter , Condemn'd for Robbing on the High-way. He was Born in Ireland , and Apprentice to a Smith there. He went from his Master, and listed himself a Soldier . He confest he had been a most notorious Offender; That he was much given to Wine and Women; That about a Twelve-month since he killed a Serjeant of the King's Guard on Tower-hill ; That he had committed many and grievous Crimes; and now was heartily sorry for them, and particularly for that he stood condemn'd for; begging God's Pardon from his Heart, and desiring the Pardon of all he had injur'd. Now he seem'd to struggle mightily against his corrupt Nature, and to be truly Penitent. He earnestly cry'd to God for Mercy in Jesus Christ. II. William Spell , A Waterman , Condemn'd for Felony and Burglary, own'd his having been a great Sinner, and justly brought to this condign Punishment. He at last particularly confess'd himself guilty of the Fact for which he was Condemn'd; and prayed that God for Christ's sake would forgive him all his Sins. III. Robert Patrickson , Condemn'd for Felony and Burglary. He confest he was guilty of this and several other Crimes; for which he earnestly askt Pardon of God, and those Persons he had wrong'd. IV. Thomas Turner , Condemn'd for Robbing on the High-ways, acknowledged that he had committed many sins, of which he heartily repented, and particularly of that he was to die for. He implored God's boundless Mercy thro' the infinite Merits of Christ. V. Thomas Field , being also Condemn'd for Robbing on the High ways, bewail'd his lamentable Condition. He confest he was guilty of many Miscarriages, and acknowledged the Ju stice of God towards him. And at last owned in particular, his having committed the Fact that had brought him to this sad and untimely Death. VI. Thomas Huggins , Condemned for Felony and Robbery. I found this Person to have been well brought up, and to know better things than he practised. He was but a young Man, but had been a great Offender, and much hardned in sin. At last he was (I hope) melted into true Repentance, and confessed he was justly Condemned and Punished. VII. John Arthur , Condemned for Felony and Burglary. He acknowledged his Sins to have been many and great, and most grievous; and in particular. owned himself guilty of the Robbery for which he was now justly to suffer. He prayed God would Pardon him for Christs sake, and desired also their Pardon whom he had done wrong to. VIII. Thomas Payne , Condemned for Robbing on the High-ways. He was an Irish-man, and of the Romish Religion . He declared he had Lived, and now Died in that Communion. He seemed however to take my Admonitions in good part, and to be satisfied in a Point that then fell in my way to take notice of to him. As soon as he was come to the Gallows, one brought some certain Garments for him to put on. But it being found improper that he should strip himself, and shift his Cloaths, in that Place: He bemoaned himself mightily that he was not at liberty to put on Holy Garments before he died. Then I took occasion to tell him, That it mattered not what the Garments were his Body was covered with, provided he had his Soul cloathed with the Righteousness of Christ, and obtained his Grace and Pardon here, in order to future Joy and Glory hereafter. He seemed to be Penitent, and owned he was justly Condemned. He prayed God, and all the World to forgive him, and declared that he died in Charity with all Men. There was another Condemnrd Prisoner, namely, Michael Brown , that should have been Executed with these 8 Persons, but he received his Death before, being (as I have said killed in the Fray that hapned in the Lodge at Newgate , on Munday last. He was then but just gone from me, and I had wrought more on him than on any of the rest at that time; for he not only confest with Tears, that he was a gret Sinner, and undone for ever, unless God was pleased to shew Mercy to him, which he earnestly implored: But he also ingenuously acknowledged that he was justly Condemned. He had first declared to me, That he was born of Protestant Parents, but in his Travels had changed his Religion, and turned Papist , and now owned that he was in a great measure convinced of his Error, and would desire some farther Discourse with me about it before he Died. Thus far he was brought towards a Reformation, both in his Principles and Manners, when Death met him before he was aware of it. This is the Account, which the short time I had to be with the Criminals above-named has enabled me to give of them. They all confest the respective Crimes for which they now suffered, and seemed to to be all of them very Penitent. I hope their Repentance (though late) was Sincere, and that our Good and Gracious God had Mercy on their Souls. Dated, Nov. 6. 1700. Paul Lorrain . ADVERTISEMENTS. Francklin, who Cup't at the Hummums in Covent-garden for many Years, without the use of Fire; any Persons having occasion for him, he is ready to attend them at their Chambers, and is to be heard of at the Crown in Charles-street Covent-garden, not at the Hummums, by reason they have Prejudice against me. AT the farthest House on the Left-hand, in Blew-ball Court, in Salisbuy-Court, Feet-street, (being the first Court on the Left-hand over against Salisbury-Square) Gentlemen, &c. may heaven Interest made to Invest them in Places suitable to their Capacities. We have several good Places now to dispose of in Town and Country, some for Life, from 300 l. to 50 l. a Year; for those who are good Clerks and Accomptants. We speedily and faithfully Sollicite all sorts of Business, in the Courts of Law and Equity, Treasury, Navy-Offices, &c. Persons may have what Sums they please on good Mortgages. We Buy and Sell Estates, Houses, Ground-Rents, &c. For farther particulars, we refer to our larger Bills. To prevent the Publicks being impos'd on, we think fit to add; That this Office is composed of a Society of Gentlemen of Quality, &c. established by a Deed of Settlement, who are pleas'd to employ some near Relations of Mr. C - Deceased, who was the original Undertaker of this Business upwards of 30 Years ago, who have carried it on ever since his Decease, all other Pretenders to our Business being Upstarts, not of a Years standing. Attendance is given at the place aforesaid, by the Sub-Agents of this Office, by whom Persons may be conducted to the chief Manager's principal Office. B. Lilburn, that lately Lived on Ludgate-hill, next to the Kings Arms Tavern near Fleet-Bridge, now Lives at the Golden-Board, and Ball, near the Globe-Tavern, in little Moor-fields, near great Moor-gate, up one Pair of Stairs. Who maketh and selleth, (and has done above 16 Years) the Water for taking away the Freckels Pimple, Worms, and Morphew in the Face: With Elixir Salutis, Balsamum Vitae, Tinctura Vitae. Waters and Ointments for the Eyes, and Ointments for sore Nipples; Ointments for the Rickets, Burns, Scalds, Wounds, Aches, Strains, &c. Powders, Dentrifices, Elixirs, Essences, Oils, Spirits, &c. both for Ornament, and Curing most Distempers incident to Humane Bodies; where you may have Advice as well as Medicines, likewise Judgment upon Urine. The Water for the Freckles, Pimples, &c. The Author has for some Years past, left with several for Sale; and now doth understand, they have been abused by Counterfeits; which to prevent for the future, doth desire those who have bought from them - and not found the Effects answer the Ends for which it is proposed, to acquaint her with it, and where they bought it and likewise to take notice of the Seal, viz. The 3 Water-budgets, and B. L. on the top of the Seal. The Price of the half Pint-bottle 3s. London. Printed for E. Mallet, at the Hat and Hawk in Bride-Lane. 1700.

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THE ORDINARY of NEWGATE his ACCOUNT, Of the Behaviour, Confession, and last dying Words of the Five Malefactors, Executed at Tyburn on Friday the 28th of this Instant August, 1724. AT the King's Commission of the Peace, and Oyer and Terminer, &c. held at Justice-Hall in the Old-Baily , before the Right Honourable Sir Peter Delme , Knt . and Lord Mayor of the City of London ; Mr. Justice Dormer, and John Raby , Esq ; Sergeant at Law ; and several of His MAJESTY's Justices of the Peace (for the City of London and County of Middlesex; on Wednesday, Thursday, and Friday, being the 8th, 9th, and 10th of July, in the Tenth Year of His MAJESTY's Reign, Five Men and two Women were convicted of Capital Offences, and accordingly receiv'd Sentence of Death. The two Women pleading pregnancy, and (found to be such) were respited from Deth, in order (as we hear) for Transportation. The Behaviour of 4 of those Men, who lay under Sentence was such, as demonstrated to the World their just abhorrence of their Crimes, and their lively Apprehensions of their near approaching Sufferings for them. They were constant Attendants on the Service in the Chapel (exceed that Sickness prevented) behaving there with the decorum of sincere Penitents; in the Dungeon as Men making provision for a happy Eternity, spending their last Moments chiefly in Reading, and Praying; being frequently Admonish'd thereto from the Bulpit, and in the Closer from different Portions of the Sacred Scriptures. On the Sunday before Execution they heard two Sermons; that the in the Morning grounded on the 7th Verse of the 139th Psalm, Whither shall I go from thy Spirit; or whither shall I flee from thy Presence? That in the Afternoon upon the latter part of the 32d Verse of the 15th Chapter of the first Epistle to the Corinthians, Let us eat and drink, for to Morrow we die. From the former Words we asserted, and prov'd the Omnipresence of God, and, Secondly, show'd what influence it ought to have over the Conduct of our Lives in general; and Thirdly, made it applicable to the sorrowful dying part of the Audience, Exhorting them, that whereas they had not set God before their Eyes, and as little dreamt that they were under his (as by their sad Experience they could tell the World) they should now behave as Men before their Eye witness, and impartial Judge, that to sham a Repentance; but now to begin, carry on, and finish such an one, of which they will have no occasion to Repent when launch'd into Eternity. From the latter Words, Let us eat and drink, for to Morrow we die. We took occasion to refute the Sadducean Epicure, explode his Tenet, and expose his Leviathan Life, by the ample, undeniable Proof of an universal Resurrection, and a general Judgment consequent thereupon. 2dly, We show'd in three or four Instances God's great End and Design in appointing them; and then shut up all with an Application suitable to those more immediately under our Care; perswading them to look upon themselves as Men accountable unto God; (and that in a few days) not only for the Actions of Life, but for every idle wicked Word they have spoke in it; hoping that what great Truths we had deliver'd, they would embrace, and so believe that they would turn back to their Eyes upon the Scene of a wicked mispent Life, and condemn themselves for it here, that they be not Sentenc'd hereafter; that they would change their Notes; instead of Singing, Let us eat and drink, for to Morrow we die. Let us to day lye down in Sorrow, and cover our Faces with Shame, for we must in a few days meet the King of Terrors in the Face; and after he has sent us to our silent Graves; the King of Heaven will issue out his Habeas Corpus for our removal thence, in order to take our Tryals at the general an universal Assize. The Account of the Lives of these Malefactors. 1. JOHN HORN , aged 32, convicted of assaulting, Edward Abberathoc on the Highway, between Kentish Town and Hampstead , and taking from him a Watch, and five Shillings in Money May 31. Said, he was born at Middleton , in the County Palatine of Durham . and of honest Parents; that his Father was a Yeoman of about Thirty Pounds per Annum, and Rented some Land besides; but (the World not Smiling on his Endeavours) he was laid under a necessity of selling his Estate, to satisfy the Debts he had contracted. Notwithstanding this Failure in the World; he took care of his Son John should have a moderate Education, and in order thereto, put him under the care of a Master, who taught him to Read, Write, and cast Accompts, which he became Servant to Captain Selby of Loton in Essex ; in whose Service he continu'd a while, and thence came to London , and became Coachman to several Persons of Distinction, particularly Colonel Bladen. He said that all the Gentlemen, whom he had the honour to Serve, could, and would give Testimonials of his Fidelity and Honesty. But being for a considerable time out of Employ, and so, reduc'd to a very low Ebb of Poverty, he was hurried by mere Necessity to the Commission of the Crime for which he suffer'd; he solemnly declar'd that 'twas his first, and hop'd that God would show him Mercy, tho' he had none from Men. 2. ANTHONY WALRAVEN , convicted of Forging and Counterfeiting Stamps upon Dice, and uttering and vending the same, contrary to a late Act of Parliament. Aged 44, born in Long-Acre , a Watch-maker by Trade, said, his Father was a German, born at Vienna, a Silver-smith by Trade, and a Member of the Roman Church. That came to England, and marrying here with an English Woman, he exercised his Trade aforesaid, in London, and he took care to give his Son Anthony a Competence of Learning to qualify him for a Trade, (and when capable) he bound him Apprentice to Mr. Robert Creed , a Watch-maker , then living in Bell-Alley , in Coleman-street ; with whom he compleated his term of Years; and made such Advances in the Trade, that he came not a jot behind the most ingenious of it: He then married a Woman not very industrious, and had by her two Children; his aged Mother also wholly depended upon his Endeavours; and he said, that his Trade being upon the Decay, insomuch that he could not make a moderate Provision for his Family, put him upon other Measures to do it; so he went, and bought a Quantity of Ivory, and with that some Tools for Stamping of Ivory in the shape of Dice; he learnt of a Soldier how to make use of them, which he did very often, and which now brought him to his shameful Exit; he disown'd that he had committed any Theft or Robbery in his Life, and People who liv'd around him, concur in their Attestations of what he said. During the time he was under Sentence he gave very great Symptoms of a Penitent, and declar'd himself of the Roman Communion , in which he was resolv'd to die, and implor'd the Assistance of God to enable him to encounter Death, and his Mercy through Christ to pardon his Sins. 3. JOHN MERRY , aged 19, was born at at Burford in the County of Oxford ; and convicted of uttering and vending the false Dice stamp'd, by Anth. Walraven aforesaid; he was very meanly Born, and as illiterally Bred, being furnish'd neither with Letters, nor Trade to live in the World, either as Man, or Christian. His Father's employ was driving of Hogs, and having lost a certain Sum of Money in the Exercise of it (by some of his Neighbours going off of the spot) he and his Family were oblig'd, to take Shelter in London , where he follow'd the Business of a Porter. When his Son John came to Maturity he went on Errands , and sold Fruit ; and as he was Industrious to get his Bread honestly, he hapen'd to meet with Anth. Walraven who commiserating his mean way of Life, takes him Home, and employ'd him in selling of Watches for him; in which way he liv'd sometime; but Marrying with a loose Prostitue in the Fleet , who at his Tryal turn'd Evidence against him, and Cohabits with another Man; (now in Newgate) he betook himself to the former Business of selling Fruit, and in a little time met with this Walraven again, who offer'd to Employ him again in selling of Dice, at so much per Pair; which he comply'd with; he said, at first he knew not the Crime, or the Danger of it; but in a small time he was appriz'd of both; since the Death Warrant came he has own'd that he has been very guilty of picking Pockets, and of other pilfering Tricks. He forgave his Wife, who swore his Life away, and would fain have spoke with her two days before his Execution, but she would not, he behav'd very penitent whilst under Sentence. 4. LUMLEY DAVIS , aged 23, convicted of Assaulting John Nichols , Esq ; and taking from him a Guinea, and 17 Shilligs in Silver on the 29th of June last, in Company with his Accomplice James , alias John Harman . Who was a Gentleman born, his Father a Gentleman of a good Estate, near Keinton , in the County of Radnor . This Lumley was furnish'd with a liberal Education under the Tuition of Dr. Friend, head Master of Westminster School, who, at the Age of 14 Commenc'd one of the then Queen's Scholars, and behav'd so as to engage the Affection of all whom he convers'd with; he made such an Advance in his Learning there, that he was remarkably distinguish'd from others of his Standing; but at length his Parents willing and desirous that he should make further Advances till he shou'd become Master of what he had made so good a proficiency in; found him inclin'd to embrace a Mechanick way of Life, and they were perswaded by some of their Friends to alter their Resolutions of farther him in the Classicks, so he was taught the Mathematical Science, in which he was a great Proficient, but finding that this would tend perhaps to a Necessity of his going Abroad; he apply'd to his Friends to fix him in some Trade at Home, with which they comply'd; and bound him to a Vintner at the One Ton near Hungerford Market ; whom he serv'd in quality of an Apprentice a considerable time; but weary of this Yoke he took to rambling from Tavern to Tavern, not fixing any where; so going from Place to Place, and contracting of Debts he was at last Arrested, and thrown into the Marshalsea , where he continu'd a Year, when a good Friend and Relation rmov'd him thence by satisfying his Debts, and Discharging the Prison Dues. Then he went into the Mint, where 'tis suppos'd he had the first Conversation of Mr. Harman his Accomplice, but overtaken with Sickness there, his very good Friend, aforesaid, remov'd him at his own Expence to St. Bartholomew's Hospital till he was wholly recover'd, and then sent him into the Country, and there made Provisions for him; but in a small time he was cloy'd with a Country Life; and so took his Leave of his Brother and his Sister, and came again to London , where unhappily entering into the Conversation of idle loose People, he was reduc'd to Poverty, and then enter'd into indirect Measures to get his Bread by, which this Fact, for which he dyed, does plainly demonstrate, he own'd the Fact, and behav'd under Sentence as a sincere Penitent, particularly after the Dead Warrant came down. He said he was not a married Man before he receiv'd the Sacrament. 5. JAMES HARMAN , convicted of the same Crime with Lumley Davis , aged 27 Years; was born of reputable Parents, his Father a Wine-Cooper, and Merchant, in Canon-street , London . He was Educated at School till he came qualify'd for the University, thence remov'd to Emanuel College , in Cambridge , where he had not been long, before his Mis-application of his Time, and Money, oblig'd him to Retire, and then he exchang'd the Gown for the Sword, getting an Ensign's Commission in Colonel Jones's Regiment, then engag'd in the Reduction of Sicilly , but the Regiment being broke, he was put upon a way of Life, and so happening to meet with Mr. Davis, they enter'd into a strict Covenant one with the other to follow that way of Life for which they dy'd. They both own'd this Fact, and said it was the first and last, as they were dying Men. Mr. Harman was very Penitent, setting a good Pattern to the rest of his unfortunate Brethren. An Account of them at the Place of Execution, Anthony Waltaraven a Roman Catholick , dyed seemingly chearful and resign'd, making no Confession. JOHN HORN , whilst he was under Sentence flattered himself with the hopes of Mercy, but finding them at the Tree to vanish, he dy'd very much shock'd, but said, at his last Breath, that, that was the first Fact he ever committed. JOHN MERRY , dy'd in great concern, and desir'd me to go to his Sister, with his Love to her; and to desire her that she would forgive, and beg of God to forgive him; for the wrong he did her, in robbing her of five Guinea's, for which Fact she might suspect the Innocent, and that in the Discharge of a good Conscience he thought himself oblig'd to apprize the World of. Mr. DAVIS, who always liv'd in hopes of Mercy, through the Interest of Persons at the Helm of the Nation; behav'd very chearful till the Warrant came for his Execution, of which he was appriz'd on Monday last. Then he began in good Earnest to make Provision for Eternity, and thought himself a dying Man, making the best use of the few Hours he had to live in his Preparations for the Reception of the Holy Sacrament which was Administred unto him on Wednesday last, with three others, who dy'd with him; as was also on the Day of Execution, he dy'd very unwilling, desiring that the Executioner might not do his Office for some time, and me to lengthen the Service as much as possible. Before the Cart drew away, he saluted his former Acquaintance, Mr. Harman with all the Symptoms of Affection and Reconciliation. He was brought to the Place of Execution in a Hackney-Coach in his Night-Gown, and in which he dy'd, taking his Leave of his fellow Sufferers by Saluting of them. Mr. Harman, a Man well descended, as appears by his surviving Relalatives, and his own Behaviour; was brought in a Mourning Coach to the Place of Execution attended with a Hearse to bring away his Body, in order to be interr'd in a manner suitable to his Extract and Family. In the Prison and at the Place of Execution his Behaviour was so, as made him appear a true Penitent, he being very instant with God in Prayer for Mercy of his Soul, and forgiveness, for the Errors of his Life. He had not any thing to acquaint the World with, (as he said) that was either a Burden to himself, or would be of Service to his Spectators, but desir'd that all, and every individual a-round him, would (by the view of his Misfortunes) be caution'd to avoid their own, and then by very pious Ejaculations, and Breathings he resign'd, and recommended his Soul to God, and his Body into the Hands of the Person appointed to satisfy the Law. He dyed very sedate, calm, and penitent, taking his Leave of the World as a Man in assur'd hopes of a better Exchange. All the five were very intent upon their Devotion at the Tree, and behav'd like Men. Conscious of their Folly, fervently prevailing with God to pardon it, by unfeign'd Prayer, and at the last shook Hands and took their Leaves of each other with the Affection of Brethren. Mr. Purney the Ordinary of Newgate being lately recover'd of a Fit of Sickness, and gone into the Country to re-establish his Health, hath appointed me his Substitute in his Absence. JAMES WAGSTAFF ADVERTISEMENT. AT the first House on the Right Hand in Crane-Court, near Fetter-Lane, in Fleet-street, a Golden Heart and square Lamp at the Door, you may advise with a regular Surgeon, of very great Experience, who has practised many Years in Spain and Africa, as well as in England, and having devoted most of his Time to the study of Physick and Surgery, has obtain'd so perfect and easy a Method of curing the Venereal Distemper, whether fresh contracted, or of long Continuance, as none else can boast of: He is no Pretender to what he does not understand, being regularly bred a Surgeon in London, and afterwards, by travelling into many Foreign Parts, and acquainting himself with the different Methods of Practice in those Countries, has acquired a never failing Remedy: His Preparations are very gentle, and agreeable to any Constitution; violent Medicines being more pernicious then profitable, (which is the real Cause so many miscarry in Cure) Let none be discouraged by the base and Ignorant Treatment they have met with from unskilful Pretenders, for he Promises a Cure in a little Time without Hindrance of Business, Confinement, Suspicion, or Salivation, even in the most desperate Degree of that loathsome Disease, else desires no Money. Several Persons of Figure have been lately cured by him, after they were given over, as incurable, by Physicians and Surgeons of the greatest Eminency, and been, by them, miserably tortured with Salivations, and other painful Operations. He cures Cancers of few Years standing: likewise any rotten Ulcers, the King's-Evil, or Fistulas, without manual Operation: The Itch he cures in four Days, and the Yellow Jaundice, in Old or Young, in twenty four Hours; as also the Leprosy and Rheumatism, with all other curable Distempers. His Hours are all the Morning till Twelve a-Clock, and from Three till Ten at Night. N. B. Crane-Court turns in betwixt the Sign of the Leg, a Hosier's, and the Ship, a Watch-Makers, near Fetter Lane, Fleet-street. LONDON : Printed by JOHN APPLEBEE , a little below Bridewell Bridege in Black Fryers .

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THE TRUE ACCOUNT OF THE BEHAVIOUR AND CONFESSION Of the Criminals Condemned, on Saturday the 11th. of December, 1686. At Justice-Hall in the Old-Bayly. And in the Second Year of His Majesties Reign. Six of which Received Sentence of Death, viz. John Culverwell , Jonathan Parsons , Thomas Powel , Nicholas Jones , Elizabeth James , and James Deale , Of Which, Jonathan Parsons , Thomas Powel , and were in the Dead-Warrant to be Executed at TYBURN . On Friday the 17th. of this Instant December, 1686. The other Condemned Criminals, were by His Majesty Graciously Reprieved. ON Saturday in the Afternoon, the Ordinary visited the Condemned Criminals, having observed that the sooner he discourses them after Sentence past, the deeper Impressions are made upon them; how deplorable their Condition is: After he had prayed for them, he endeavoured to awaken them from their Security and Presumption in a course of sinning, and that they would look back to their former Omission of their Duty to God and Men, for which, the Lord justly had left them to harden their Hearts by the deceits of sin. The Ordinary considering also, how frequently Roberys have been Committed of late, endeavoured to make them sensible of the greatness of the Crime of stealing, from that Sacred Admonition in the 62 Psalm, and the 10 ver. viz. Become not vain in Robery. There is much Vanity and Presumption in this Sin, when a False Hope is conceived, that God will not Enquire after it, to discover and punish it; yet there is no Darkness so thick, and seemingly impenetrable, wherein the workers of Iniquity can lie hid. The Omniscient Lord strangely brings such Malefactors to Light, that they may be convinced and ashamed of their Atheism and Presumption of impumity. He often breaks their Confederacies, and causes some to Accuse their Fellows. Persons become vain in Robery when they plead Poverty or Necessity in the Excuse of it. This can be no Apology, for Theft is against the Dictates of the Natural Conscience, which is first violated in its convictive impressions, before any inroad can be made upon the Propriety of another. It were more Eligible to Dig or Beg, than to Adventure to steale: Let Persons be Honest, and God who Commands all Hearts, will move some X. The excellency of Faith in Christ, both in respect of its high acceptation with God, its prevalency with Him, together with the Beneficialness and comfortableness of it to our selves. Lastly, The Application of the whole Discourse to the condemned Criminals. 1st. John Culverwell , of the Parish of St. Sepulchres , Condemned for stealing one black Mare, value 6 l. 2s. 6d from Mr. John Howard on the 29th. day of October last past. He is Aged 17 Years, or thereabouts, Born at Huntspill in Somersetshire . His Employment formerly was Husbandry : But (as he said) work not coming in, to his desire, he came to London , and there put himself an Apprentice to one Mr. Simmonds, a Lighter Man in Brooks-street near Queen-Hith , after whose decease, he was turned over to Richard Brooks of the same Employment. He left the Service of his last Master, out of a giddy Humour and forwardness of Spirit; afterward being in want, he went into the Country to visit his Mother, who relieved him with Money. Upon this, he returned to London , but fell into bad Acquaintance, so having spent the Money aforesaid he adventured to steal the Mare, and Sold it to an Horse-Courser, after which he was seized on by the owner of the Mare. He doth not deny the Fact, but told the Ordinary, that he must not expect any longer Account from him, of his fitness to dye, because he was an ignorant person in the matters of Religion. The Ordinary replyed, that ignorance was no Excuse, either for his sins, or for want of being duly sensible of them. Persons who have no mind to know their duty, are usually as unwilling to perform it. Yea, many hate the Light, Because their Deeds are Evil, and themselves loth to come under any Conviction of their wicked Courses. To this he answered, that he had led an ill Life, that the did on the Week Day, sometimes drink in excess, and was Guilty of Cursing, but not much used to it yet; he now prays that God would pardon his many sins in his great Mercy. I found him ignorant, who Christ was, and what his undertaking is, to work out Mans Redemption; also, what true Faith and Repentance are; therefore I took time to instruct him, and to make him sensible of his Misery, without an interest in Christ and unrules, he be made a new Creature in him. He said if he might escape Death at this time he hoped that he should Reform his Life, and not Commit any Crime, to bring himself into Prison again. This is all the Account which I could get from him. 2dly. James Deale alias Reynolds , was Condemned for breaking the House of Thomas Harrison Esq ; on the 28th. of October last past, He is Aged 17 Years, was Born in St. Andrews Parish in Holbourn : He was put forth an Apprentice to a Butcher , who, (as himself said) was too severe to him, so he left his Service. I told him that his Duty was, to have continued with him, and to have express’d all good Behaviour, notwithstanding his Masters Morose Disposition, and that the forsaking his Service, had exposed him to Idleness, which is the Devils Pillow, on which, he suggests all his Temptations, till he prevail with persons wanting Employment, to join themselves to bad Company. He could not deny this in his own Case, for he said that he had been in Newgate formerly, for the space of 14 Weeks. After his Releasement thence, he went to his Friends who look’d angerly upon him; so being in want, he Committed this Crime, for Which he is Condemned. He Confess’d he did not keep the Sabbath, which drew on the Guilt of many more sins, and did not deny but he had been unchast. He gave some tollerable Account of his Christian Belief, yet profess’d that he was sorry that he had not lived up to his Knowledge. He was not willing to discourse more concerning his preparation for Death, and the Hopes of a Blessed State after it, because he told me that he had a Reprieve: I replyed that this ought to make him more penitent and willing to be instructed, how to improve so great a Mercy. Upon this he desired my Prayers, that God would make him express his Thankfulness, in taking warning by his present escaping death, to amend his Life, and nothing more. Jonathan Parsons , Condemned for four Burglarys, is Aged 40 Years. He was Born of credible Parents as he said. He was put Apprentice to a Broad-Weaver , and set up that Trade upon his own Account, which he followed for many Years, and said that he lived comfortably upon it, so that he payed sometimes 30 l. sometimes 40 l. per the Week to Journeymen and others helpful in his Employment; that at last, Gods Providence frowned on him, and he susteined many losses in Trading, and grew deep in Debt. His Relations he said were persons of Estate, yet deserted him in Adversity. After he obtained his Liberty, his Creditors being compassionate toward him, he wanted Employment, and despairing of a Subsistence to his Mind, he fell into bad Company, and by degrees took a course of stealing; for which, he received lately a Mark of Infamy in his Hand. He Confess'd that the Lord is Righteous, in permitting him to fall now into the Snares of Death, because he took no warning by a more Gentle Punishment. I found him every day improving in his Preparation for death, and bewailing with Tears the vileness of his Corrupt Nature, as breaking forth into so many Repeated Crimes, that he says, if such a sinner as he be saved, it will be a Miracle of Mercy from God. It much troubles him that his Return to him is so late, and that be hath presumed upon so much Divine Patience extended to him. Yet he said that the Lord is not Limited in his time, and manner of working Grace in the Heart. Therefore he is not out of Hope that he will yet accept him in Christ upon Free Grace, framing him to Re pentance and a Resolution to have amended his Life, might he have been spared. But said he, I submit to the will of the Lord, who only knows with what Temptations I might meet, and be over born, were I to Live: And I had rather now Dye than to Multiply sin, by the Abuse of sparing Mercy. These Expressions will be look’d upon as very unusual from such a Criminal; yet, this I must say of him, that he was a knowing Person, I wish that he had lived up to his Notions in Religion, as it is his Grief that he did not. 4thly. Thomas Powel , Condemned for joining with Jonathan Parsons in the aforesaid Burglarys. He is Aged betwixt 30. and 40. Years. He faith that he was put Apprentice to a Stone-Cutter , and set up that Trade for a time in Yarmouth ; afterward some Accidents befell him, which drew some ill Reflections upon him, so that he left his Trade of Stone Cutting, and withdrew himself to a private Life. After this, some Friends furnishing him with Money, he kept a Tavern in Yarmouth ; but it was his foolish Curiosity to leave that Employment also: So growing Poor, he tryed unlawful ways to furnish himself for vain Expences. Coming to London Ten Years since, he was about that time Marked in the Hand for a Felony; he Repents that he took not warning thereby to amend his Life, as at that present he resolved. He says, that he hath but lately renewed his dishonest way of subsisting. But God is just (said he) for secret sins, to leave me to commit this Crime, for which I must suffer a publick Death. I observed him on the Sabbath Day, very Attenntive to Praying and Preaching, and that some Degrees of Contrition were then upon him, but much more since. I visited them every Day, and on the Morning also before their Execetion. Upon Wednesday I ask’d them, what preparation they were in for Death? They replayed that this did not so much afflict them that they must Dye for their Crimes, as the offending God, and giving scandal by their ill Life to the Honour of the Christian Religion: Yet, they hoped, that having by Gods Assistance, done their utmost to make their peace with God, he would for Christ’s sake pardon them, and receive them in to his heavenly Kingdom. Thomas Powel professed that he was weary of living in the World, as a place of Temptations, and abonnding with sin and Misery. He said, might he be spared, possibly he should not be in so well a disposed mind and fitness to Dye, as now he hoped he is. I ask’d him the grounds of that Hope; to which he made me a very Penitent, Modest and Satisfactory Answer. It would be too tedious to set down every particular Discourse betwixt my self and them. Upon considering their Humble Demeanour and willingness to be directed by me, I hope both these Criminals were Penitent for their mispent Life. Yet, I do admonish all Men, not to stand out against the Offers of Gods Grace and Mercy, so long as these Criminals did, because late Convictions and Humiliations for an ill spent Life, seldome are attended with sincere Conversion to God; notwithstanding, I do wish as good Effects of my Ministry, in the other Criminals who are Reprieved, because such usualy grow secure and ocund, when the fear of Death is blown over. As for Nicholas Jones , being early Reptrieved, he was absent from my Week-Days Instructions, And Elizabeth James refused to come to me, being of another Religion. Thus I cannot give any Account of them. Nor more than I have of the other Condemned Crimiminals. God Grant that such who think they stand, may take head least they fall. About Ten of the Clock, on Friday Morning, they were put into a Cart at Newgate, and conveyed to the place of Execution, were the Ordinary prayed with them, and exhorted the Spectators to take warning by them; after which the Ordinary Sung part of a Psalm, and so concluded with a prayers, after which they were turned off. Dated this 16th. of December, 1686. Samuel Smith , Ordinary . This may be Printed, R.P. December the 17th. 1686. LONDON; Printed by D.Mallet, next Door to Mr.Shipton's Coffee House, near Fleet-Bridge, 1686.

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THE Ordinary of NEWGATE HIS ACCOUNT OF The Behaviour, Confessions, and Last Speeches of the Malefactors that were Executed at Tyburn, on Friday the 31st Day of October, 1712. AT the Sessions held at Justice-Hall in the Old-Baily , Six Persons being found guilty of divers Capital Crimes, receiv'd Sentence of Death; and another (that was condemn'd to die in January last, and afterwards repriev'd) was now call'd to her former Judgment, and advis'd to prepare herself for Death. Of these Seven Persons, Two are order'd for present Execution, and the other Five respited from it. All the while they lay under this Condemnation, I endeavour'd to perswade them to think of the Judgment to come, so as to avoid the Severity of it by a sincere Repentance of all their Sins, and a lively Faith in Christ. And the better to dispose them to this great and important Duty, besides my Praying with them, and reading and expounding the Word of GOD to them publickly in the Chapel twice every Day, I frequently discours'd and examin'd them in private, giving them particular Instructions and Admonitions suitable to their respective Cases and Capacities. On the Lord's Day the 19th instant, I preach'd to them both in the Morning and Afternoon, upon Rev. 9. the former part of the 20th Verse, the Words being these: And the rest of the Men, which were not kill'd by these Plagues, yet repented not of the Works of their Hands. Which Words I first explain'd in general, with their Context, and then laid down this Proposition arising therefrom, viz. That notwithstanding the visible Judgments of GOD inflicted upon some Sinners, others that are spar'd often neglect themselves to that degree, as to take no Warning by them, nor in the least endeavour to prevent their own Ruin and Destruction, by their repenting and forsaking of those very Sins, for which they have seen Others severely punish'd. To illustrate this Proposition, I observ'd, I. The Strangeness of such Impenitence, consider'd in Common Reason. II. The Frequency of it in Common Experience. III. and lastly, The lamentable Consequence of it, in the final Destruction of such obstinate Sinners, as would not be perswaded, nor compelled, to reform their Lives, either by the Mercies shew'd to them, or by the Judgments laid upon others. (Price Two-pence.) On the last Lord's Day I preach'd to them again, both in the Morning and Afternoon, upon this Text, Acts 17. 30, 31. And the time of this Ignorance GOD winked at, but now commands all Men every where to repent: Because He has appointed a Day, in the which He will judge the World in Righteousness, by that Man whom He has ordained; whereof He has given Assurance unto all Men, in that He has raised Him from the Dead. From which Words, first paraphrastically expounded in general, I shew'd in particular, I. The Certainty and Infallibility of a final Judgment after this Life. II. The Severity and Dreadfulness of that Judgment to those Sinners who shall then be found not to have provided against it, by a timely Repentance and Amendment of Life. III. The Use to be made of this Doctrin of a Future Judgment; which is, that we should, 1. Leave off doing ill. 2. Learn to do well. 3. Persevere in well-doing unto the End: And, 4. and lastly, Hope, that through Mercy, we shall in so doing escape the intolerable Miseries of Hell, and obtain the unspeakable Felicity of Heaven. Upon all these Heads and Particulars I enlarg'd; and then concluded my several Discourses with such Exhortations to the Condemn'd, as I thought most proper for me to give them, and for them to receive. In their publick Attendance on the Divine Service they appear'd devout in Prayer, and attentive to the Word of GOD; and in private they express'd great Sorrow for their past Sins: And those of 'em that were appointed for Death, gave me the following Accounts of their former vicious Lives, which had brought them to this their sad and untimely End; wishing it might prove an effectual Warning to others, to deter them from such dangerous Courses, in which themselves had unhappily liv'd and miscarried. I. Elizabeth Price , who was call'd to her former Judgment (of which I shall in its proper place give an Account) said, That she was about 37 Years of age, born in the Parish of St. Andrew Holbourn ; and that for these several Years past she had follow'd, sometimes the Business of picking up Rags and Cinders , and at other times that of selling Fruit and Oysters , crying Hot-Pudding and Gray-Peas in the Streets , and the like: But she did not so readily own, That she had of late made it a considerable part of her Life and Trade to Break-open and Robb Gentlemens Chambers in diverse Inns of Courts, till I brought to her remembrance several Facts of that nature, which she was Try'd for, Convicted, and now confess'd to be Guilty of, as I shall observe hereafter. But before I come to give my Reader a particular Account of those Facts, and the Punishments she justly receiv'd for them, I shall first take notice (in this place) of the Felony, which she has lain these Nine Months under Condemnation (and is now to die) for; and that is, the Breaking open some of the Apartments of Mr. Francis Were , in Lyons-Inn , in the Parish of St. Clement Dane , and removing from thence (in the Day-time) diverse Goods, which she, and others suppos'd to be concern'd with her therein, had pack'd up, and were ready to carry away, on the Third Day of January last, who being then discover'd before they could make their Escape, were immediately stopt, and prevented in the effecting their intended Robbery. Now, that which render'd the Guilt of this Fact so much the greater as to Elizabeth Price (the Person now to suffer for it) was this; That upon Search and Examination of the Record, as she stood at her Tryal, she was found to have been convicted before of another Felony, viz. the breaking Mr. John Knight 's Chambers, which I shall hereafter speak of in its due order of Date, only observing here, that upon this full Proof of that her Conviction, Sentence of Death was pass'd upon her at that time, namely, on the 12th of January, 1711/1712: And as this was the Condemnation that affected her Life most, so she obstinately deny'd her being in the least concern'd in, or knowing any thing of Mr. Were's Chambers being attempted to be robb'd; though at the same time she own'd (upon my putting her in mind, and pressing her to an ingenuous Confession of them) That she had been guilty of several other Robberies of this very kind, viz. 1st, Her Breaking open, in the Day-time, the Chambers of Mr. Robert Booth , in Gray's Inn , in the Parish of St. Andrew Holbourn , and taking thence some Wearing Linnen, a Silver Toothpick-Case, and a Tortoiseshell Knife, on the First Day of August 1701. 2dly, Her Breaking the Chambers of Mr. John Lang in the Temple (also in the Day-time) and taking thence a Serge Counterpain and other Goods, on the 7th Day of October, 1702. 3dly, Her Breaking open (in the Day-time also) the Chambers belonging to Mr. Henry Wright , in Clifford's Inn , in the Parish of St. Dunstan in the west , and taking thence a Cloth Coat, a Drugget Coat and Wastcoat, and divers other Goods, on the 20th Day of March, 1702/1703. 4thly, Her Breaking open the Chambers of Mr. Charles Betts , of Bernard's Inn , in the Parish of St. Andrew-Holbourn , and taking from thence 8 Gold-Rings, a Looking-glass, a Beaver-Hat, a black Coat, a Night-Gown, 9 Shillings in Money, and divers Books, and other things of a considerable Value, on the 10th of October, 1704. 5thly, Her Breaking open (in the Night-time) the Chambers of Mr. John Knight , in the Temple , and taking thence a pair of Silver-Candle-sticks, a pair of Silver-Snuffers, a Snuff-pan, ten Silver-Spoons, one Silver Fork, a Cloth Coat, a Brocade-Wastcoat, several Books, and other Goods of great Value, on the 10th of June, 1708. All these Robberies she confess'd both her being Guilty of, and her having received for them these several Punishments, viz. For the 1st she was order'd to be Whipt, on the 17th day of October 1701. For the 2d she was burnt in the Cheek, on the 15th day of October 1702. For the 3d she was order'd to be Whipt, on the 8th day of April 1703. For the 4th she receiv'd Sentence of Death, on the 8th of December 1704, at which time she pray'd the Benefit of her Clergy, but it was deny'd her by the Court, because she was allow'd it once before. But after this having obtained the Queens Pardon, she pleaded it at the Old-Baily, on the 5th day of April 1706, and was then order'd (that being the Condition of her Pardon) to be sent to Bridewel , London , and put to hard Labour, and continue there for One Year and a Day: Which she did, and (as she said) above that time, viz. sixteen Months: And then being discharg'd thence, she return'd again to her old wicked Trade, and so brought herself a Fifth time under the Lash of the Law. For, For the 5th of those Facts before-mention'd, she was Burnt in the Hand, on the 16th of October 1708, and then order'd to the Work-house in Clerkenwel , where she had not been long, but broke out thence, and made her Escape, and soon after that fell upon Stealing again, and so at length, when the Measure of her Iniquities was filled up, she came to this her last and greatly deserved Punishment. At first indeed, she could not endure to hear she had deserved it; for she all-along deny'd this Fact she is to die for: But when I laid before her the just Methods of God in bringing his Judgments upon persisting Sinners, she at last owned his Justice in inflicting this Death at this time upon her, and said, she entirely submitted herself to his Will. This is the true, though not fully-compleat History of her sad Life. The manner of her shameful and untimely Death, I shall mention by and by. In the mean time, I must here proceed next to give an Account of, 2. Eleanor Gravenor , alias Gladmore , alias Lovemore , condemned for privately stealing out of Mr. Henry Barton 's Shop, a parcel of Gold and Silver Fringe, and out of Mr. John Peel 's Shop, a piece of Callicoe, on the 11th instant. She confess'd, That she was guilty of both these Facts, and of several others of the like nature: That she receiv'd Sentence of Death on the 6th of July 1711, for having privately stoln 6 yards of Silver Lace, out of Mr. Henry Hicks and Mr. Arthur Robinson 's Shop in Covent-garden , on the 23d of May before; That afterwards she obtain'd the Queen's Pardon, and pleaded to it no later than the 6th of June last, but took no Care to improve it as she ought to have done; saying, That her great Poverty and Inability to get Bread for herself and four small Children, had made her give way to the Temptation by which she fell again into this her old wicked Course of seeking to supply her Wants by unjust Means. She told me, She was 50 Years of age, born at Shrewsbury : That about 12 or 13 Years ago she came up to London , and lived first near Tower hill , afterwards in the Parish of St. James Westminster , where she married, and then remov'd to St. Martins in the Fields ; in which last Parish she lived above four Years a Housekeeper : That for the most part of all the time she had been in London and Westminster , she got her Livelihood (as she did before in the Country) by making Plain-work : That she was very sorry she had not kept to it; and heartily repented. She further said, That after she had pleaded the Queen's Pardon in June last, she was discharged from Newgate (where she had then lain 13 Months) and sent to the Work-house in Clerkenwel ; and there being sick and weak, and wanting Food, she follow'd other Prisoners who had made a Hole in the Wall of the Room she lay in, and so went out at that Hole and made her Escape with them; and presently betook herself to her former wicked Trade of Stealing, by which having supply'd herself with Cloaths (for she was even naked before) she appear'd more boldly abroad, and in that Dress went upon some new Expedition: For one Morning having called at a certain Tavern for Wine to refresh her Spirits, she did from thence direct her way as well as she could, first to Mr. Barton's, and then to Mr. Peel's Shop, where she found her Head swimming, and hardly knew what she did, because she then was in the power of the Wine she had drank but a little before; and therefore could not do her Business so dextrously, as not to be discover'd in this last Place; for not only the Callicoe she took at Mr. Peel's, but also the Gold and Silver Fringe she had just before stoln out of Mr. Barton's Shop, were found upon her; who thereupon being apprehended, and brought before a Magistrate, was immediately committed to the House of her former Abode, namely Newgate ; and this happen'd about a Fortnight after she had (in an irregular manner) deliver'd herself from a less unhappy Confinement, and less severe Punishment, than that she is now brought under by her own Folly and Wickedness. All this she declar'd; and added, That if she were now to live, she would lead a better Life, and would contentedly yield to have her right Hand cut off, which had done so much Mischief, and pick up a poor Livelihood in gathering of Rags with her left Hand, which ever was honest, and therefore should not suffer with the other. Thus, it seem'd, she look'd upon that Member only, which was made the Instrument of Evil, to be punishable; but she was better informed afterwards, by being shewn, that when any Member does amiss, by the direction of the Mind, the whole Body must suffer for it. Some other Facts of this Nature, she owned in general she had committed both before and after her Pardon, but she was unwilling to declare more in particular; saying, it would avail nothing, for she could make no Amends, nor give any Satisfaction to the Persons she had wrong'd. She hoped they would forgive her, who earnestly begg'd God's Pardon and theirs. At the Place of Execution, whither they were carry'd this day from Newgate in a Cart, and where I attended them for the last time, I exhorted them to excite themselves more and more to Repentance; to bewail their manifold Sins and Offences, and earnestly cry to God for Mercy in this their last Hour, the time of their great need, and faithfully depend upon the alone Merits of Christ for Pardon and Salvation. I asked them, whether they had any thing more to confess for the clearing of their Consciences before they dy'd: To which they answer'd, No. And here I admonish'd Elizabeth Price in particular to consider herself, and take care not to go out of this World with a Lie in her Mouth, but freely speak the Truth without reserve, that by taking that Shame which belong'd to her, she might give Glory to God, and be in a fit Condition to appear before his great Tribunal with Joy, and not with Confusion. Upon which she said, she had declar'd to me the Truth before; and now she again protested she was not guilty of the Fact she dy'd for, though God was just in this her Suffering, for she had long ago deserved it at his Hand. After this I pray'd both for her and her fellow-Sufferer, sung some Penitential Psalms with them, and made them rehearse the Apostles Creed. Then I withdrew and left them to their private Devotions, recommending their Souls to the Mercy of God, through the most prevailing Merits and Mediation of JESUS CHRIST. When I was retired from them, they spoke to the Standers-by to this Effect, viz. That they should take Warning by them: And particularly Elizabeth Price desir'd, That those who knew her Children, would not reflect upon them, nor reproach them with Her shameful Death; for they were very honest. Then they apply'd themselves in their private Prayers to God for the Pardon of their Sins, and the Salvation of their Souls: And while they were thus praying, the Cart drew away, and they were turn'd off. This is all the Account here to be given of these dying Malefactors, by me, PAUL LORRAIN , Ordinary . Friday, October 31. 1712. A Numerical Account of all the Malefactors who have been Condemned, Repriev'd, and Executed, (as likewise of those that Dyed in Newgate between the Day of their Condemnation, and that appointed for their Execution) in London and Middlesex, from the Time of my being chosen to be the Minister and Ordinary of Newgate , (which was in November 1700) to the Close of the late Mayoralty. NB. When I first enter'd upon this arduous and melancholy Office, in the Beginning of the Mayoralty of the Right Honourable Sir THOMAS ABNEY , Knight , I found no less than 65 Persons that had lain for a great while before under Condemnation, viz. 52 Pirates (who were for the most part Foreigners) and 13 other Criminals. Of the Pirates, 24 were Hanged at one time at the Execution-Dockin Wapping, and of the 13 other Malefactors, 8 were Executed at Tyburn. In the Mayoralty of 1. Sir Thomas Abney , Kt . Condemn'd. 118 Repriev'd. 48 Dy'd after Condemnation, and before their Execution. 4 Executed. 66 2. Sir William Gore , Kt . Condemn'd 49 Repriev'd. 36 Dy'd after Condemnation, and before their Execution. 0 Executed. 13 3. Sir Samuel Dashwood , Kt . Condemn'd. 38 Repriev'd. 20 Dy'd after Condemnation, and before their Execution. 0 Executed. 18 4. Sir John Parsons , Kt . Condemn'd. 35 Repriev'd. 18 Dy'd after Condemnation, and before their Execution. 0 Executed. 17 5. Sir Owen Buckingham , Kt . Condemn'd. 44 Repriev'd. 28 Dy'd after Condemnation, and before their Execution. 0 Executed. 16 6. Sir Thomas Rawlinson , Kt . Condemn'd. 33 Repriev'd. 28 Dy'd after Condemnation, and before their Execution. 0 Executed. 5 7. Sir Robert Bedingfield , Kt . Condemn'd. 23 Repriev'd. 5 Dy'd after Condemnation, and before their Execution. 0 Executed. 18 8. Sir William Withers , Kt . Condemn'd. 34 Repriev'd. 16 Dy'd after Condemnation, and before their Execution. 0 Executed. 18 9. Sir Charles Duncomb , Kt . Condemn'd. 39 Repriev'd. 29 Dy'd after Condemnation, and before their Execution. 0 Executed. 10 10. Sir Sam. Garrard , Kt. & Bart Condemn'd. 36 Repriev'd. 28 Dy'd after Condemnation, and before their Execution. 0 Executed. 8 11. Sir Gilbert Heathcote , Kt . Condemn'd. 36 Repriev'd. 23 Dy'd after Condemnation, and before their Execution. 0 Executed. 13 12. Sir Robert Beachcroft , Kt . Condemn'd. 43 Repriev'd. 29 Dy'd after Condemnation, and before their Execution. 0 Executed. 15 Total Condemn'd. 528 Repriev'd. 308 Dy'd after Condemnation, and before their Execution. 4 Executed. 217 ADVERTISEMENTS. THis is to give Notice to all Gentlemen, Booksellers, and others, That there is lately publish'd a new sett of Cuts, adapted to several sizes of Common prayers, all new Designs, by Mr. Gocree of Amsterdam; engrav'd by P. Vandergucht. Likewise Mr. Sturt's Cuts. Sold by Robert Whitledge , at the Bible and Ball in Ave-Maria-Lane , near Ludgate ; where may be had all sorts of Bibles, either in Folio, Quarto, Octavo, Twelves, or other sizes; Common-prayers in Folio, for the use of Churches; Common-prayers in 8° & 12°. All neatly bound. Duty of Man's Works of all sizes; Duty of Man in Latin; Latin and Welsh Common-prayers; Tate and Brady's new Version of Psalms, with the new Supplement: Dr. Gibson on the Sacrament, Mr. Clutterbuck on the Liturgy; The Statutes at large, in 3 vol. Bp. Beveridge's Sermons and private Thoughts, &c. Just Publish'd, MR. Paul Lorrain 's Sermon, preached in the Chapel of Newgate , on July the 6th, 1712. against Atheism and Blasphemy, upon the Abjuration, Recantation, and Conversion of Mr. Richard Burridge , who was convicted of Blasphemy before the Right Honourable Sir Tho. Parker , Lord Chief-Justice of England . Price 6 d. Likewise a Treatise against Atheism, wrote by the said Mr. Burridge whilst under Confinement, entituled, Religio Libertini; or, The Faith of a Converted Atheist: To which is prefixed, A Narration of his Life, from his Birth to the time of his Sufferings. An Account of what pass'd at his Tryal; with a relation of the Cause of the Prosecution. Both sold by J. Graves next White's Chocolate-house in St. James's Street, and J. Morphew near Stationers-hall. THE Works of Mr. Tho. Brown , Serious, Moral, Comical and Satyrical: In Four Volumes. Containing Amusements Serious and Comical, calculated for the Meridian of London. Dialogues of the Dead. A Dialogue between two Oxford Scholars: And all his other Dialogues. Essays on several Subjects. A Satyr against Woman. A Satyr on Marriage. A Satyr on the French King, occasion'd by the Peace of Reswick. Mr. Brown's Petition to the King and Council, when in Prison. A Declamation of Adverbs in Latin, the same in English. Mr. Brown's Table-talk. His Pocket-book of Common-Places. Walk round Westminster. AEneas Sylvius's Letters. The Dispensary, a Farce. His London and Lacedaemonian Oracle. Mr. Brown's Laconics, or Maxims of State and Conversation. His Fables. His Translation of Horace, Martial's Epigrams, with his Poems, Translations and Miscellanies, in Prose and Verse. Remarks on Marriage and Cuckoldom. England's Conquests, a Bursesque Poem. Mr. Alsop's State of Conformity. Mr. Brown's Sermon at the Quaker's Meeting: In Two Parts. A Collection of Letters, all Originals, address'd to several of his Friends. Aristaenetus's Epistles, out of the Greek, and Letters out of the best Latin and French Authors. Letters from the Dead to the Living, and from the Living to the Dead; in Three Parts. To which is prefix'd, A Character of Mr. Brown, and his Writings. By James Drake , M. D. The Third Edition, Corrected, with large Additions, and a Supplement never before Printed. All Printed for Sam. Briscoe , and Sold by J. Morphew near Stationers-Hall, W. Taylor in Pater-noster-row, Owen Lloyd near the Church in the Temple , and J. Graves next White's Chocolate-house in St. James's-street. Where may be had the Second Edition of the Fourth and last Volume of Mr. Tho. Brown 's Works single. Price 4 s. 6 d. Printed by R. Brugis in Jewin-street, and Sold by J. Morphew near Stationers-hall.

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THE TRUE ACCOUNT OF THE BEHAVIOUR AND CONFESSION Of the Criminals Condemned, on Monday the 14th. 15th. and 17th. of January, 1687. These Nine Persons Received Sentence of Death, viz. Richard Roberts , Elizabeth Fuller , J--C--, Sarah Vince . Margaret Stephenson , John Reeves , John Jennings , Elizabeth Bamfield and Arabella Reeves . Of Which, Margaret Stephenson , was in the Dead-Warrant to be Executed at TYBURN . On Thursday, the 27th. of this Instant January, 1687. The other Condemned Criminals, were by His Majesty Graciously Reprieved. ON Tuesday, being the next after Condemnation of the afore said Criminals, the Ordinary visited them, and having Prayed with them, he endeavoured to convince them of their sinful and deplorable Condition: To describe which, he drew up some Proportions of Similitude, betwixt the Possession of the Damoniack Child in the Ninth Chap. of St. Mark's Gospel, from the 17 Verse to the 18 Verse; and such wilful-sinners, who are held under the Tyranny of Satan, and the precipitant hurry of their Lusts, to the over-throw of their Souls integrity, Peace and Eternal Safety. By sin, the Image of God is defaced, the Beauty of it distorted, and the strength of vertuous Resolutions over power’d and quite defeated. Dumbness and Deafness were joined in the Possession of this Child. So such, whole Lips are Sealed up from Praying, turn a Deaf Ear from Sacred Council, which contempt makes their very supplications in Distress, to become an Abomination. Some sinners at first, admit Satan to possess their Hearts more mildly, yet fall at last into the precipitant excess of sinning, against the Laws of Common Reason, and the Dictates of Natural Modesty. They have no feeling in Conscience to Cry out of their Slavery, under the Prince of Darkness. Therefore, if we are not possest as deeply and irresistable as others, we owe this to Gods Free Grace, and not to the Goodness of our Nature. This Child was strangely listed tip from the Ground, afterward thrown flat and bruised, till he did tear himself, and Foam at the Mouth. No sinners are more inraged against God, than such who fall from high presumptious Hopes of Heaven, into fell-torturing Desperation. Some sinners at times, are not vex’d with Satans Assaults, they seem to be in an healthy found State of mind, by resolving to do well, and lead a Reformed Life; yet these purposes being fickle and false, they are suddenly vex’d with more violent and desperate Relapses, into their former flagitious Course There is no Truce nor Terms of Cessation to be made with Satan, while he is a Lyon Couchant, and retires for a Season: Nothing less than a total and firm Ejection of him, and the abounding love of sublunary Vanities out of our Hearts, can establish our Peace or Safety. All attemps to dispossess the Devil, by the help of Moral Rules, unless we seek to Christ, to Bless them by his Divine Efficacy, will but the more awaken the Devils Malice, to baffle any means as separate from Christs power. Therefore, the Father of the Lunatick, brought his Child to Christ himself, when the Disciples could give no Relief. The Truth is, Satan hardly departs out of the Heart, without many bitter Agonies and Convulsive Fits of Terror in the Conscience. Yet let sinners thorowly made Contrite take Courage from Satans vexatious Assaults, because he turns most furious when ready to be cast out. He rent the Lunatick, insomuch, that the Spectators said he is Dead. But Faith in Christs Almighty word, can put the common-Enemy of Man's Salvation to flight, when he grows most Rampant; but then it must be our great Care, to watch, that he may hot get an Advantage of deeper and firmer re-entrance by our Security and Presumption. After this Discourse, they seemed very Penitent, and confess’d that Satan had much prevailed upon them by his Temptations to get the possession of their Hearts, yet they hoped they were now convinced of their Evil Courses, and begg'd of God that he would give them Repentance, and an hatred of their sins that they might turn to Him; I replyed that if this Frame were truly wrought in them they should find Mercy at the Hands of God, whither they lived or dyed, and after praying with them, I dismist them. When I visited them on Thursday, I required of them, what grounds they had, to believe that God was reconciled to them in Christ, that the Terror of Death might be taken away; they replyed, that they Prayed and did what they could, to obtain so great Mercy; but they found it hard to Repent and Believe, because of the greatness of their sins. I told them that Satan did not quit the Possession of sinners Hearts without many Agonics in Conscience; yet Christ is able to Bind him and eject him, therefore they must seek unto him r as an Almighty Redeemer. Then I stated some signs of Satans being Ejected, viz.. That they will be restored to a found mind, as able to prove, and willing to approve, the Good and perfect will of God in Christ; that they will wonder that they could he content to have remained, so long under the Power of the Prince of Darkness. That they will have all Bonds of Restraint taken off, which hindred their Obedience to Gods Laws. That the Blind, Deaf and Dumb Spirit being cast out, they will fit at Christs Feet to Receive Instructions from him, what to believe and practice, that they will labour to free others out of Satans Vassallage, and be shye how they give any opportunity for the unclean Spirit to re-enter, by their security or presumptions; that whereas before, they were not ashamed of the sinful Nakedness of their Souls, they would be cloathed. with the Garments of Righteousness, which they would be very Circumspect to keep undefiled, that they would be very tractable to the motions of Christs Holy Spirit, tho' they had before, broak all Cords of Restraint from sinning, and could not be bound to their good Behaviour, by the Laws of God and Men. They replyed, that they hoped some of these signs were wrought in them, because they found their Hearts grieving for their fins, and desire (if they might be spared) to serve the Lord for the future: I replyed that this is a good Frame, if it be sincerely in them; but many have under the Terror of Death, profess’d their Resolution to amend their lives if they might obtain the Grant of them, as forfeited by the Laws, who when set at liberty, returned to the Folly of sinning with more greediness. Therefore I Prayed to them, that all good dispositions wrought in them, in order to a thorow Conversion with God might be confirmed in them, and so dismist them. I visited them every day, and on the Lords Day Preach'd on this Text, viz. The 9 Chap. of St. Mark’s Gospel, the 22, 23, 24. Verses, from whence I drew these Observations, Verse the 22. If thou can do any thing, have Pity on us, and help us. I We ought to implore the power of Christ, and to depend on Him only, tho’ we are not sure of Success. II. (If thou ) unbelief is of such a degenerate Nature, that it degrades the Power and Good Will of Christ himself, to relieve us in Distress. III. (Canst do any thing) the least degree of Relief from Christ, is worthily to be prized and esteemed. True Faith also, tho’ it be humble and very modest in its desires, yet it is very fervent and importunate. IV. (have Compassion.) Christ Sympathizes with Men in distress, as being of the same Nature, and therefore sets his power on work, to shew them Pity and Kindness. V. The Argument for this, is drawn from the Tenderness of Christs own Bowels. If we would have our Request granted, we must not plead merit in our selves, but meer Mercy and Pity in God through Christ. VI. (On us.) The Well-fare of Parents and Children is mutually twisted. Children are afflicted for the Parents fins: Therefore it is the Parents interest to train them up in the fear of God, and the vertuous course of Life, from the 23d. V. If thou canst Believe. First, The habit of Faith must be drawn out in actual Exercise, with relation to that particular Mercy which we seek. here, I shewed five Reasons, why little or weak Faith was reputed by Christ as no Faith; and why God suffers Doubtings to conflict with Faith in the Hearts of Weak, Christsans. Secondly (Canst thou believe) it is not an easie thing to believe aright. This was demonstrated in five Respects, yet to alleviate and sweeten the difficulty, all things are possible to him that believes. This was explained by certain Limitations. One was, all things which it is lawful to ask of God, as having a Warrant to believe in respect of his preceptive Direction, and promising Encouragement. Thirdly, Instances were given. True Faith makes things doubtful most certain, difficult things easie, and all things possible, though they seem impossible to carnal Reason, and the sad abodings of unbelief. The 24 Verse, Christ having put the Lunaticks Father in hopes of its cure, he immediately cryed out with Tears, Lord I believe, help mine unbelief. From which ingenious acknowledgment; several Observations were raised. First, Upon the command of Christ which hath vertue in it, to make us believe we must resign our selves with our case, tho’ seemingly desperate to his powerful Commiseration. Secondly, (I do believe) True Faith may be known by its force and Efficacy of working. Instances given. Thirdly, Help my unbelief, Observe, True Faith may consist with doubting. Fourthly, It applyes to God in Christ, to remove those difficulties and prejudices, which strengthen unbelief. Fifthly, The Sincere Believer is very sensible of, and deeply Laments the least degree of unbelief. Sixthly, Such sence of doubting, is an Evidence of True Faith, and never goes away from Christ without cure. Seventhly, True Faith Exercised, is so pleasing and prevalent with Christ, that it obtains more than is Begged. He cast out the Devil with a Charge, never more to disturb the Child. I shall now give an Account of the Behaviour and Confessions of the Condemn’d Criminals. Arabella Reeves , Aged 46 Years, or thereabouts, Condemned for High-Treason, in Coining 20 false pieces of counterfeit Mony, viz. Sixpences; She was taken in the very Act in her Chamber, with the Mettal boiling on the Fire, and the Mould in her hand, with a Sixpenny piece in it. Several other false pieces of Mony were found in her Custody, all which, were produced in Court as a further Evidence against her. She was Born in Darby-Shire ; she denys not the Crime; yet, says that she was exposed to it by Poverty; she says that she wrought as a Sempster for some time, but imployment not coming in to maintain her, she fell into the Acquaintance of a Woman, now Dead, who was very cunning and dexterous at this wicked Trade: She kept the knowledge of this Secret, for which, she had some snips of the profit. I told her that she must account to God for such a wicked practice, and that without Repentance, her Death could not expiate the Treason. She replyed, that she prayed to God, that he would soften her heart, and give her a due sense of the least sin, which could not be pardoned but by faith in the death of Christ. I asked her what saving Faith is; she replyed, to believe in God's mercy through Christs merits: And said that she doth believe as far as her knowledge serves; that she relyed not on any sorrow for sin, but trusted to the promise of eternal life. This I told her was made through Christ, in whom all the promises are, yea, for their Truth in the making of them, and Amen for the certainty of fulfilling of them: That without an interest in Christ as a New Creature, she cannot have right to any promise; She said, that she was not sure that she was in Christ, but she hates sin out of love to Christ, and not only as it damns. Sarah Vince , Aged 65 Years, Born in Cornhill , London , her Husband is a Marriner, and hath long absented himself. Upon she says, that she was put to he shifts for Maintenance, her imployment wasto sell Tripe in the Market . She denys not, but she hath been a sinner, viz., for neglecting to make good use of her time, which she now bewails, as unfit to dye, though she hath lived long: but she hopes that God will give her Repentance for all her sins, with the thorow change of her heart I asked her how she might know this, she said by the hatred and for saking of all sin; and Weeping said, that she resolves to continue prayings that she may not be drawn away by evil Company, to do any thing against her Conscience, but intends to live honestly if she may be spared. Margaret Stephenson , Aged 35 Years, or thereabouts, Born in White-chappel ,: her imployment was (as she faith) to wynde Silk in the Day time when it was Wet, and at Night also, but in fair-weather she went into Leaden-Hall Market to carry home Meat , or any Provisions bought by others for their Families. She said that God suffer'd her to be Prosecuted and Condemned, to bring her to himself, as having provoked him by her sinful Life. She said, that she is affraid her sins will Damn her. I bid her not despair, she said she doth not Totally, because she prays in hope, that God will pardon her. I ask’d her what sin is, she replyed, it is a Transgression of Gods Law, and that now she is convinced, that if she break the Sabbath to do any worldly business therein, it is sinful, much more to join with sinners in an open prophanation of it. She denyed not, but she had been neglectful of her Duty to God, in not praying to be kept out of Temptations; but she hopes if she might be spared, that she shall amend her Life. Elizabeth Fuller , Condemned for stealing Cloaths, Jewels, and Money, to the value of 130 l. the Goods of Mr. Robert Atkins . She is Aged 24 or 25 Years, was Born in Sussex . She made some General acknowledgment of her sinful Life, but did not express in what kind. She faith that she doth her endeavour to Repent, nd be fit for Death, for tho' she be Reprieved upon pleading that she is quick with Child, yet she said that she had no reason to grow Careless of her Salvation, as not sure to live out one day. I ask’d her what Repentance is? She said, to fear God and serve him. I told her, if she had done thus, she had not Robbed her Master and Mistress: And that some count Adultery no sin, but use it as an Artifice, pleading pregnancy with Child, to escape the stroke of Justice; but if she did not Repent sincerely of all her vicious Courses, the Justice of God would yet bring her to Condign Punishment. Therefore, I advised her to redeem precious time, and not to grow secure or careless of her Souls State, by this respeit from Death, and so dismist her. Elizabeth Bamfield alias Carter , was Condemned for Felony. She is Aged 22 Years, Born in Devonshire : She exercised the Trade of Fringe-making . She acknowledged that she had been a great sinner, that she had mispent much precious time, in following the vanitys of her own heart, that she neglected to Pray that God would keep her from Evil Company: That till she received Sentence of Death she was not awakened, to consider the danger her Soul is in, by reason of her many provocations of God: But now she Prays that he would give her a New Heart, because her sins lies heavy upon her Conscience. Yet she hopes to be saved by Faith in Christ. I told her that many mistake the Nature of true Faith, restraining it to a very narrow Scantling, as if it were a bare assent to the Truth of Divine Promises, or a relyance meerly on Christ for Salvation, whereas this in the compleatness of it, consists in the turning us from the Love and Dominion of all sin, equally, as in turning away the Condemning Guilt, and defiling Guiles thereof, from being charged upon us, that true Faith Purifies as well, as Pacifies the Conscience, that together with relyance on Christ for Salvation; it resigns the whole Man to be Governed by the Law and Spirit of Christ. John Jennings , Condemned for stealing a Bay Gelding, from Mr. Robert Pareson ; he is a Taylor by Trade, but fell into Acquaintance with Bad Company, which was occasioned by breaking of the Sabbath, and immoderate drinking. He said that his knowledge is but small because he cannot Read, otherwise he had employed his time better; but now he will to the utmost of his power; for he hopes he Repents, because he finds he hates that sin most, which he loved before, and Prays heartily that together with Gods Forgiveness, he would inable him to forsake sin. He said his Heart sometimes is so full of sorrow, that his free Confessions are stop'd, that he dreads to think how sad a Condition his Soul had been in, if the Sentence of Dearh had not been taken off; but he Blesses God that he hath a space to Repent in. I hope he will improve so great a Mercy, because he was very willing, when he knew that he was Reprieved, to take shame to himself, confessing particular sins whereof he was Guilty, and which, he said justly brought upon him the Sentence of Death. J--C--, Condemned for Killing one Ann Parsons who, as he said was a Lew'd Woman. I told him that his sin was the greater, because he took upon him to revenge himself, and did not leave her to the Justice of God, and the Law of the Nation, and that she was surprised. so that she had little time to Repent of so vicious a Practice. There are two other Condemned Prisoners, of whom I can give little Account. This is all I can publish relating to this Sessions. On Wednesday, J--C-- and Margaret Stephenson were carryed to Tyburn , and the Executioner being absent, they were brought back to Newgate , and by a New Warrant, Margaret Stephenson was Ordered to be Executed on Thursday the 27th. of this Instant January, 1687. But J--C-- was Reprieved. About Ten of the Clock on Thursday Morning she was put into a Cart at Newgate , and conveyed to the place of Execution, where the ordinary Prayed with her, and exhorted the Spectators to take waning by her; after which the Ordinary Sung part of a Psalm, and so concluded with a Prayer, and then turned off. Dated this 26th. of January, 1687. Samuel Smith , Ordinary . This may be Printed, R.P. January the 27th. 1687. LONDON, Printed by D.Mallet, next Door to Mr.Shipton's Coffee House near Fleet Bridge, 1687.

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A True ACCOUNT of the BEHAVIOUR, CONFESSION, AND Last Dying SPEECHES Of the 5 Criminals that were Executed at TYBURN, On Friday the 17th of July, 1691. THE Ordinary Visited the Condemned on Saturday, to convince them of their sinful and deplorable state, and to prepare them for the Duties of the Lord's Day. He chose for his Text the 19th Verse of the 2d Chapter of Jeremiah, viz. Thine own wickedness shall correct thee, and thy back-slidings shall reprove thee: know therefore and see that it is an evil thing and bitter, that thou hast forsaken the Lord, and that my fear is not in thee, &c. From which words were drawn these Observations: 1. The procuring cause of all those mischiefs which are inflicted on sinners is, their own Provocations of God, not any delight in him to punish them. Thine own wickedness shall correct thee. 2. Sin sooner or later shall not go unpunished, though the sinner be secure. 3. There is a great degree of punishment in the very act of sinning. Sinners are very uneasie in themselves in contriving it, they are always surrownded with fear, lest their works of darkness should be discovered; yea, God himself cannot devize a sorer punishment, than the giving up a sinner to the greedy persute of his Lusts. 4. The sins of some Men are so Notorious by an excess in wickedness, that this might correct and put them on amendment, as being already so extreamly wicked. Thy back-slidings shall reprove thee. 5. They who multiply new Moods in sinning, try all sin rather than truly leave any: such shall be convinced at last, that there is no solidity in sinning, but that they gratifie their Lusts, to the aggravation of their own Condemnation. Thy frequent back-slidigs shall reprove thee. 6. The want of reverenceing God, sutably to his Divine Perfections, is the root of all Apostacy. My fear is not in thee. 7. Wilful back-slidings from God, after acquaintance with him in the experience of his Goodness and solemn Vows to cleave to him, denotes greater malignity of Heart, in such tretcherous dealing, so that the Penal consequents of this, shall be as bitter as bitterness it self. It is an evil and a bitter thing that thou hast forsaken me. 8. It is very difficult to convince a sinner, in whom sin is riveted by custome, that it will prove bitter by the exemplary and remarkable Punishment of it. Know therefore and see this, in the very malignant nature of thy forsaking me, the Fountain of blessedness, who have heapt Obligations on thee to cleave to me. 9. Though sin be sweet and pleasant in the acting, yet it will prove bitterness, yea a deadly Poyson, as the biting of an Asp, which so stupifies that the Pains of Death are not felt. Thus White Powder kills without giving any crack or report of Death: Those Wounds are most Mortal, of which we do not complain; there is no remedy nor antidote against a studied continued concealment of sin; when it is bound on by custome, it soon becomes delightful, as if it were the Perfection of Mens Nature; yea, there is such a pleasing witchcraft in sinning, that it is gratified against all Arguments of Conviction, and held fast against all good nature to the sinners own Destruction. Thus sin will prove a bittersweet, for the wicked conceive their Projects in sorrow, as torturing their Brains to contrive sin cleverly, and to conceal it with the profoundest secrecy; yet they are filled with fears of an Abortion, in the disappointment of their hopes: If they do bring their Design to the Birth, yet they travel to their own Destruction. There is a Destraction in serving the commands of divers contrary Lusts, so that the sinner is perplext which he should first gratifie. Sin turns Prosperity into a Snare; it arms the whole Creation against the sinner when he is most secure; it makes his own guilty fears to fall upon him: Sin is bitter in the effects of shame and reproach; it makes Death terrible as the Persevant of God's Justice, which drags the sinner to Hell, where Divine Wrath shall be poured out in its utmost severity, both endless and irremediless. Considering that sin is thus bitter, be not industrious in Planting and Cultivating such a poysonous Weed, stub it up by the severity of an universal Mortification: Who but a Mad Man would prodigally take up the momentary pleasures of sin on such hard terms as the anguish of a future repentance, though he were sure to attain it. Sinners will be forced at last to confess, that there is no fruit in sinning, but vanity, self-deceit and vexation of Spirit, in the loss of God and their own Souls to Eternity. Therefore repent and be in bitterness of spirit for sinning, as a Parent for the loss of his Firstborn: You have surfeited on the forbidden bitter Fruits of sinning, but in the Lord there are allowed sweets, fulness of Divine Joys and Pleasures, not to be exhausted, but eternally flowing forth without stint; yet what malignity of Heart have you exprest against God in a willful departure from him: Hath the Lord been a Land of Darkness, or a Barren Wilderness to you, that you have quitted his equal, holy, honourable, profitable and pleasant ways? Is there not an infinite reward of Happiness promised to such who persevere to walk in them? what Spiritual Phrensie is this, that you have forsaken the Fountain of blessedness, to drink the poysonous Waters of Iniquity? You have offered violence to the Law of your Creation, and to all Good Nature or Kindness to your selves, in a perverse rejecting the Lord, from the Love and Loyalty of your Hearts. He may now justly harden his Heart against you, though you cry to him in distress: He may beset you with Terrours, because in forsaking him you have been cruel to your own Souls. Yet be not discouraged, if you return to the Lord with your whole Heart, he will not reject you, but imbrace you with the strength and delight of his Mercy. He will create peace in your Consciences, establish his fear in your Hearts, and thereby so confirm his Love to you, that you shall not dread to walk through that dark Vally of the shadow of Death, because the Lord of Life and Glory will be with you, to make you triumph in his Salvation. I proceed to give an Account of the Behaviour of the Condemned Criminals, and what their Preparation was for Death. On Munday my self with another Minister joyned in Exhortation and Prayer: We stated dearly the nature of Saving Faith, Repentance and Self-denyal, in an hearty intire Resignation to the Will of God, both preceptive, and in his Righteous inflicting of Punishment on Sinners, which they ought to accept to their amendment. Afterwards we took them apart and inquired what Impression was made on their Hearts by our present Discourses; also what hopes they had as to a Blessed Eternity, and how they had led their Lives before they committed these Crimes; some of them were willing to disburden their Consciences of their secret Sins; others stood out for the present, yet said, That they would acquaint us before the time of Execution. The Ordinary took these Persons apart, who gave this following Account of themselves. I. Robert Trumbal , Condemned for Felony and Burglary, confest with much sorrow, That he had broke the Sabbath, was addicted to Drunkenness, to Swearing and Cursing. I replied, That it is not an easie thing to repent from the Heart, having been long accustomed to Vicious Habits. He said, That he was sensible of the deceitfulness of his Heart, but he hoped, if he might live, he should never return to a willful course of sinning. I askt him what Employment he had followed? He said, That he had spent most of his time in Ireland as a Soldier , in the Lord Lisburns Regiment: That for two Years he had laid down that Employment, and coming into England had joyned himself to bad Company; yet he was Innocent as to this Fact for which he is Condemned: But he said, God is Just in suffering this Distress to befall me as a Punishment of my former Iniquities: That he now grieves for offending God, and submits to the sentence of Death, hoping it may be a means to save his Soul. II. Robert Adderton continued very stubborn. III. John Wilson was Condemned with Martha Walters , whom he lately married, as he saith. The Woman remained obstinate. They received sentence of Death for Clipping the Currant Coyn of this Nation. I told them what a great dammage it is to the Poor, who having but little Mony cannot so well pass it as others in a Summ. I told them, That God's Justice will more severely persue all such who deface his Image in their Souls, thereby bearing the Superscription of sin and Satan on them. Hereupon he said he had lived very loosely, and for his excesses in lewd courses, did not regard how he got Mony; but now he is sensible how he hath run the hazard of losing his Soul for a little worldly gain and momentary pleasure; saying, That none could redeem it but Christ, in whose Merits he only trusted for Eternal Life. He hearkened to good Instructions and Prayer, so that I hope he was Penitent. IV. Jane Williams , Condemned for stealing Silver Lace, value 30 s. She confest the Fact, saying, That her Poverty was the occasion of it: That her Husband is at Sea, and provided not for her while at home, so she was forced to work hard for a Livelihood; but not being content with moderate gain, the Devil put it into her Heart to commit this Crime, which she is the more sensible of, because she did not Pray as she ought, against the evil inclinations of her own Heart, but grew, by degrees, negligent of her Duty to God, and followed not her Employment as formerly: That she endeavour now, all that she can, to repent, and to make her peace with God. She wept and said, That she hoped it proceeded from her Heart. I inquired into her fitness for Death; she said that God will not require more Knowledge than he gives. She said that she thankt God she had been kept from visible open prophaneness till the Commission of this Crime; but if she may be spared, she shall endeavour to amend her Life: I hope she was Penitent. V. Thomas Walters , a notorious High-way-man , Condemned for Robbing one John Hosey , a Bristol Carrier , on Hounslow-heath . His Father and Mother dyed when he was young; his Uncle took care of him, and placed him out to a creditable Employment; but he proved extravagant and left his Station in which he might have done well; he betook himself to bad Company, so growing necessitous, he entred himself into the Earl of Dover's Troop of Guards ; but being weary of that Service, the Pay not answering his excessive ways of spending, he Robbed on the High-way. Considering his present sad Circumstances, he denyed not the greatness of his sins, in special, that he had broken his Vows to God of amendment, and casting off his bad Associates. He said this much afflicts his Conscience, that he continued in his loose Practices, although he several times received the Sacrament, and yet lived not up to so solemn an Obligation of Reformation. I hope he was Penitent as well as awakened from security, by clear and strong Convictions. VI. John Collet alias Cole , Condemned for Burglary and Sacriledg. He confest at last, that he broke up Great St. Bartholomews Vestry Door, and took out the Plate thence. He said he would discover where some of it lay concealed; whereupon notice was given to one of the Church-wardens to inquire of him how to recover any part of the said Plate, because he would not discover any thing of this nor his wicked Life to the Ordinary. He was much suspected, being a Smith by Trade, to have furnisht Fellons with Bettys and Pick-locks for to break into Houses and Rob. He said, that in general, that he had been a great sinner; but I insisted, that he ought to declare wherein, otherwise his Repentance could not be sincere. I told him that continuing in secret sins is a degree of Atheism, and exposes to publick Crimes, for which the Law of the Nation Condemns that, unless he be reduced to a sense of all sin, chiefly for offending God, who hath in much patience expected his repentance; he cannot get the pardon of his sin, but it will fester in his Conscience, till it be confest in all its Aggravations. Upon this he said, that he had prophaned the Sabbath, had been excessive in drinking, and assisting others in carrying on their wicked Practices. VII. John Gwin , burnt in the Hand before, Condemned now for stealing a piece of Silk from Mr. Rigby. He much lamented his sinful state, that he did not take warning, but adventured to run into the snares of Death by this last Crime. He said that his Father and Mother dyed when he was young, yet having learnt to write, he kept a School to teach youth ; but he grew idle, and joyned himself to bad Company, which brought him to this untimely Death: particularly, he confest his breaking the Sabbath, and other wicked excesses; but now he repents that he did not reform, as he vowed to God he would when he was three Years since in Newgate : But now he hopes his Heart is truly penitent; that he expects not sparing Mercy, and therefore applys himself with all his might to God, that he would fit him for his Death, that it may not be terrible, but that his distress may be sanctified to the saving of his Soul. This is all the Account I can give of this Session. Samuel Smith , Ordinary. Dated this 16th of July, 1691. On Friday the 17th Instant, John Collet , John Gwin , Mary Danby , Thomas Walters , and John Wilson , Five of the late Condemned Criminals were all conveyed to Tyburn, Wilson was drawn on a Sledge, Walters in a Coach, the rest in a Cart: when these Five were tyed up, John Wilson , who dyed for Clipping, behaved himself exceeding penitently, expressing himself to this effect: That he had been a very Notorious Offender, Guilty of all sins except Murther, which he said he could not remember that ever he shed Innocent Blood; but the first sin that he began his Wicked Life in, was Lying; then followed Pilfering, Swearing, Whoring, breach of the Sabbath, and a great many more, which he was not able to express; only, says he, I will name Robberies upon the High-way, breaking of Houses, binding of People in their Beds, using them very Inhumanly for their Moneys sake; Crying to God for Mercy for his sins. After this, a little while, he said, That he was in the Company of those that Robbed Captain Shooter, but he did not know how he came by his Death; That he helpt to tye his Hands, and left him there; Adding, That the shame of his Death did not trouble him so much, as what Torment (without Mercy) he should undergo after Death. John Gwin desired the Prayers of the People, and owned himself a Roman Catholick. John Collet , and Mary Danby did likewise, but were not so much affected seemingly as Wilson was, being very Ignorant of what concerned their Souls, though the Ordinary took pains with them, to convince them. Thomas Walters dyed resolutely, and had nothing to say there, having made Confession, as is before incerted. Then, they being commended to God's Infinite Mercy, they were all turned off. ADVERTISEMENT. These are to give Notice to all Persons, for the Benefit of the Publick, That Mr. Elmy, Professor of Physick, and Operator, of known Integrity, and above 25 Years practice, Liveth at the Blue Ball in Whale-Bone Court, at the Lower End of Bartholomew-lane by the Royal Exchange, who most safely and expeditiously Cures Deafness and Noise in the Ears in any of what Age soever, (if Curable) and at first Sight, by Inspection, Resolves the Patient if so or not, as most Eminent Persons of Quality in this City can Testifie. He hath likewise a most excellent Gargarism or Mouth-Water, which will make black or yellow Teeth as white as Ivory, in a few times using; and it will certainly cure the Scurvy, and all other Diseases incident to the Mouth, Teeth and Gums, with Directions. His Pills only prepared for the French Disease, and the Running of the Reins, may be had in Boxes of several prices, with other Venereal Arcana's, as occasion requires, with Directions. London, Printed for Langley Curtiss at Sir Edmondbury Godfrey's Head near Fleet-Bridge , 1691.

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THE BEHAVIOUR OF THE Condemned Criminals IN NEWGATE, Who were Executed On Friday the 19th of this Instant December. VIZ; Captain James Watts , and Captain Peter Barnewel , for Robbing on the Highway, Daniel D’ Coiner , for Coining of Guineys, Jane Voss , a Notorious Theife, and Richard Jones , for Murdering of Elizabeth Fairbanck , in PICKADILLY . Together with their Dying Words Before their Execution at TYBURN. The Ordinary thinks to Publish this Advertisment, that by the desire of the Condemned Prisoners in Newgate, who properly come under his Charge, and of whose Behaviours, and Dying. Conferences with him, a true Account can only be given from him, to prevent misrepresented storys, he is (tho to his great trouble) induced, to render a true Account how they stand affected under the Sentence of Death, and what grounds they have to hope for a future happy Eternity upon a Penttential acknowledgment of their Crimes which he thinks, may be a useful service to forewarn others, not to fall into the same Crimes least they draw the snare of an Ignominious Death upon themselves. Whereas at the late Sessions of Gaol-Delivery, held in the Old-Bayly, the 10th 11th 12th and 13th of this Instant December: Amongst 18 other Malefactors that received sentence of Death for several Crimes, whereof they were found Guilty; it was ordered that James Watts Peter Barnewel , Richard Jones , Daniel D'Coiner , and Jane Voss , should this Day. suffer Death at Tyburn: As to each of which in Particular, you may please to recieve the following Relation: And I. As to James Watts and Peter Barnewel they were Indicted together with one Brian O Cane , For stealing a Horse, on the 14th. of October, from Richard Winlow , who was Robb'd by them of the aforesaid Horse, and Several other things, near Stoaking-Church , as he was returning from Ailsbury, Fair : Which came to be Discovered by the finding of a Saddle, that was taken with the Horse, and left at a private House upon the Road, with directions to send it to the Bell-Inn in the Strand : Whereupon, Mr. Winlow took the Saddle and sent it to the place Directed, desiring the Tapster to Apprehend such Person as should come for it, which in same short time afterward was called by Brian O Cane , who declared he came from his Master John Watts , and being accordingly staid, gave Directions to find his Master, who was taken with the said peter Barnwell at Chelsey , and the Horse found at the Bear-Inn in Westminster , which was owned by Watts, and several of the Goods were found about Barnwell: Upon which the Evidence being plain against them, they were found Guilty The Ordinary repaired to the Chamber of the said Watts and Barnwell Daily, for that they alledged they could not with so much Conveniency in preparation for Death appear in Publick with the other Criminals: Yet it proved more Effectual to them than to the Rest to appeared more Publickly, not. by reason so much of that Privacy, as because they had a better Temper of Mind, therefore the more fitted to receive the Impression of Divine Truth: For they had both of them better Education, and consequently were not so Ignorant in the Principles of Religion. The said Persons stiled themselves Captains, having been Officers in War in Forreign Parts; when they were acquainted by the Ordinary that they were in the Warrant for Death, they received the Report not so much with a Romantick Courage, as with a true Christian Fortitude: And this he was the rather induced to hope because they did not seem to Repine that his Majesty’s sparing Mercy was extended unto others who stood under the like sentence of Condemnation with themselves. The Ordinary endeavoured to Convince them of the Greatness of their Crimes, in Robbing on the Highway, and thereby Distressing, and perhaps Ruining of others to supply their Extravagant and Soul Destroying Lusts. Upon this, they replied that they never made Robbery a Custom, nor were they guilty of the Blood of any Man, their Natural Temper being far otherwise inclined; in as much that they utterly abhorred such Barbarity. They were very attentive to good Counsel, and much affected with several Prayers formed suitable to their Condition, several times Weeping, especially Captain Watts in the sense of lus Sins: Which the Ordinary observing, he commended him therein, in that it became him so to do: In as much as David tho a Man of War from his Youth, yet greatly Humbled himself before the Lord, wasting his Beard with his Tears: He said tho he were but 26 Years of Age, yet he was not very fond of his Natural Life, because he said if he Lived longer, greatly feared he should Offend God, in returning to his former vain Courses, contrary to his present Resolution, and thereby Increase his Account to God above. II. Richard Jones , Who was Indicted for the Murder of Elizabeth Fairbanck Widdow ; in a Cellar she lived in at Pickadilly . The Evidence against him was that he the said Criminal, together with John Wise , who was Executed the last Sessions for the said Murder, and Confessed the same at the Gibbet, and one Charles Tooly , who since Died in Paris , did enter in April last on a Sunday in the Evening, about Nine of the Clock at Night in the Widdows Cellar, and there Barbarously Murdered her, by Breaking her Neck, and Grievously Bruising her in several parts of the Body; taking with them in Money and Goods, to the value of 60 l. several of which Goods was proved upon the Criminal, so that he had nothing to offer in his own Defence but was found Guilty. After his Sentence the Ordinary having several times Exhorted 'him to a true and serious Repentance for the great and horrid Crime of Murder which he was plainly found Guilty of, not only by the proofs against him, but the Dying Words of Wife one of his Confederates therein, he strove to extenuate the same, as that he was tempted thereunto by Tooly, with whom he sled for the same into France, and where he was proselyted to the Romish Religion . Upon his return from whence he was quickly Apprehended, by the meanes of a Person whom he had formerly Robb'd of several Perruques, and for which he had been burnt in the Hand, same few Sessions since; the said Person coming into a Coffee House in Bishopgate-street near unto Bedlam where the said Jones was Drinking who espying the said Party made off as fast as be could but being persued was taken between Moregate and Crippelgate. So loud is the Cry of Bloud, that it seldom or never goes unpunished in this World. He did not express any great signs of Penitence but seemed rather in a dull and hardned Temper of Heart in which he continued to his Death. III. Jane Voss , commonly known by the Name of Jenny Voss , a Notorious Criminal upon a former Sentence some 5 or 6 Months past pronounced against, her was now ordered to Dye. She had been formerly Condemned for that Notorious and Presumptuous Crime in Stealing the Lord Chancellours Mace, about 8 years since together with Sadler, who suffered for the same: But she was then saved by Transportation, as upon her late sentence by pleading her Pregnancy. She was Transported together with one Renneger a Gold-smith one of the accomplices in the said Fact who was over Familiar with her, and indeed she had brought not only him but several others into Felonies Uncleanness, and other Crimes which they too late repented of After the time limited for her Transportation was expired, she returned into England, where she followed her old Trade of Deceit and Robbery, and was said to be Marryed to one John Smith , alias Ashburnham the High way man that hangs now in Chaines at Stanford-Hill , at whose Death he particularly desired of the Ordinary, that he would advise her to bethink her selfe of her condition in that he was very certain she would follow him, some time or other to that fatal Place where he breathed his last. Which Dying request of the Prisoner the Ordinary hath very often since performed, and observed that some short time after, the usually resorted to Chappel and seemed to be very attentive, yet afterwards grew remiss tell now she was summoned by the Warrant for her Execution, according to her late Sentence, since when the Ordinary hath endeavored to make her sensible of the State of Sin she lay under, she was first very Stubborn and Contumacious yet by degrees the nearer she approached her last fatal Hour she began and particularly on Tuesday and Wednesday to Weep and Lament her habituated profaneness seeming willing to be directed in her preparations for Death tho she would not by any means be brought to any express and particular account of her very sinful Life; somtimes pretending that she had taken care the same should be otherwise Published, or to such effect; so that he can but slenderly report of the signs of any true: Repentance in her, tho he hopes the Best, that before her last Exit she will truly consider her wretched Condition. IV. Daniel D’Coiner , who was Indicted for Clipping our English Coin, as also Coining of several Guineys, half Guineys, Mill'd Crowns, and half Crowns, which he usually exposed at an under Value: The Evidence against him being very plain that he had been guilty of the Fact: and also divers Instrument proper for his Business, found at his House, and the Mettal from which he wrought the same, which was produced. He had nothing to offer for himself why Sentence should not pass against him, but that he had been a Discoverer of others: To which the Court returned that he had been the first that drew them in, and taught them their Trade, and so ought not to plead the same in his Favour; and thereupon was Sentenced according to Law. The account which the Prisoner gave of his Conversation was, that almost 20 Years since, a Gentleman who was Tutor to a Person of Quality encouraged him in erecting a School about Turnham-Green , wherein he Taught the French Language, and gained a considerable Livelyhood thereby: Notwithstanding which, he sell into bad Company, and thereby into great mispence of Money, so that his School failing, him, he betook himself at last to the Art of Guilding. by which he could earn 5 s. a Day; and came to that Proficiency therein, that he acknowledged he could sublimate Inseriour Mettal into the Resemblance of the Noblest, yet said, he never abused this Art to the Imbasement of his Majesties Coin, or the Counterfeiting any Guineys as he was Accused of. To which the Ordinary replied he could give no Credit to this Denial, for that the Crime was sufficiently proved against him, and his own Confession besides to corroborate the Truth thereof; and thereupon acquainted him with the greatness of his Crime; how greatly the same was detrimental to all Trade in general, and more particularly made HighTreason by the Laws at England: To which he said he discovered several Transgressors of this Nature, and thereupon hoped for Mercy; Tho he ackowledged he had in many things acted against the Checks of Conscience and inward Convictions; in as much as Evil had been present with him, to beset and hinder him from performing that Good which the Spirit of God Excited him unto; And so gradualy became addicted to many Vices, but hoped that through his Repentenee thereof he should be Sayed by Faith in Christ; Merits. The Ordinary, hereupon advised him to look narrowly to his own Heart; for that the same was Deceitful above all things, and therefore it was his chiefest Course to beg of God that his Infallible Spirit would guide him in the trying the Truth of his hoped for Repentance, and the Evidences of his Immortal Welfare. The foregoing Account being taken by the Ordinary, from the Prisoners aforesaid, I proceed to give an Account that on Friday the 19th. of this Instant December, the said Ja. Wattes Peter Barnwell , Richard Jones , Jane Voss , and Daniel D’Coiner , Were all about the hours of 10 or 11 in the Morning carried to Tyburn , where when they approached it was not Observable that any of their Countenances much Changed, but that each of them seemed very Resolute in their Death; and first as to James Watts and Peter Barnwell , they severally did express to the Ordinary, that they had been great Sinners and for the Crime they came then to Suffer, they had nothing to offer in their excuse, Confessing that God in Justice had overtaken them, and withal desired of those that were Spectators of their Dismal End, that tho they came thither in course of Curiosity only to view how in the last efforts of Life they behaved themselves, they would by what they saw take warning to avoid those Crimes which justly brought them thereunto: And Particularly Confessed they had not only in their Youth disobeyed the Councils of such as had a Parental and Majesterial Authority over them, but when they arrived to Years of Discretion the Laws of God and the Land were utterly neglected by them; insomuch that no sort of Crime offered it self but they greedily swallowed he same: Delighting more to satisfy their Sinful and unjust Appetites and prevailing Lusts, than what Vertue or Morallity prescribed unto them, thinking it no Crime to Rob another so they might serve the Cravings of their own Necessities, which they were only guilty of bringing themselves into. Begging of God Almighty a forgiveness for their Manifold Crimes which had justly brought this his severe Sentence upon them, which tho it was no more then absolutely just, yet they hoped that through the Marits of Christ Jesus their intercessor and a true Repentance they should find acceptance of the God of Mercy. In which Words or to the like effect, they quietly Submitted to their Sentence. As to Richard Jones he spake but little as the place of Execution, more then confessing himself guilty of what he came to suffer for, begging of all Persons to take warming by him of those Course that lead unto the Fatal End he was now brought unto: Alledging that he was by Temptation of ill Company, and particularly by the breach of the Sabbath, and a covetous desire to satisfy the Craveing Necessities of his Lusts, induced into the Horried Crime of Murther, which tho he ever abhorred, yet could he not then refrain the same: Exhorting all persons not to give way to the beginnings of Sin, which by degrees, like the Serpent in the Fable having once entred it’s head, conveyes it’s whole body into the place. with many the like Admonitions to refrain from all Sin in general, which will first or last bring ruine to those that follow the same. As to Jane Voss , when the came to Dye, notwithstanding all her former Confidence and impudent Carriage during the whole course of her Life, she could not choose but Weep bitterly for her Sins, calling to mind the greatness and Aggravation thereof, warning all Persons from giving way to the Temptations of Satan, or allowing in themselves the least Footsteps of Sin, which by degrees increases it self upon them. She Confessed that she had been a Notorious Sinnrs, and justly deserved this Fate, in that she not only had been a Criminal her self, but by her Counsel as well as Example had drawn other into grievous Crimes, end hastned the same end upon them she came now to Suffer, Bewailing her past Transgressions, and expressing a great Repentance therefore. The last Person which was Daniel D’Coiner the Frenchman, was drawn on a sledge from Newgate. a little time before the other Malefactors; and seemed to be extreamly penitent for all his Sins. desiring all good People to avoid those Snares that attend them in evill and loose Company; whereby they are drawn from their employments. and so become liable to the Temptations of Sathan, who alwayes watches his advantage over such as misspend their precious hours in Sin and Vanity. This being the sum of the sevaral Criminals dying words, the Ordinary having Prayed servently with them and a Pslam sung, the Law was Executed on all the Five Offenders. Dated the 19th. day of December,1684. Samuel Smith , Ordinary . London , Printed by George Croom , over against Baynard's Castle in Thames-Street . 1684.

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THE TRUE ACCOUNT OF THE BEHAVIOUR AND CONFESSION Of the Criminals Condemned, at Justice-Hall in the Old-Bayly on Friday the 9th of December, 1687. Of Which Thomas Sackvil , William Harbert , John Pritchard , John Grevil , and John Snipe , were Executed at TYBURN On Friday the 16th of this Instant December, 1687. The other Condemned Persons, are Reprieved by His Majesties Gracious Clemency. The Ordinary visited the Condemned Criminals frequently, till their Execution. On the Lords Day in the Afternoon, he Preach'd on the 12 Ver. Of the 14 Chap. of Solomons Proverbs, viz. There is a Way which seems Right to a Man, but the End thereof are the Ways of Death. The Text relates to such Artisices of close Refined Hypocrisie, which varnish over an External, Heartless Professon of Christianity; and yet, being void of sincere Religion, degenerates at last into Atheism, or mere Prophaness. Drivers Observations were deawn from the Words. 1. That it is very difficult to believe aright, in the midst of the specious intrigues of Error. 2. False Religion by an Imitation of the Truth, hath a deadly Design to undermine it. While it claims Pedigree with true Religion; it is swayed by the Worldly Spirit of Self-interest, and fetches a secret Circumference to promote Impiety. 3. The least Mistakes in Religion, which deside the Conscience and Conversation, if persisted to with Obstainacy, are very dangerous to the soul; therefore, such persons, who drink in all Opinions which tend to Looseness, that they may sin more quietly, or get Ease, (as they presume) to a troubled Conscience, are in the ready Road unto dispare. 4. Truth prosess'd in its Purity, if not lived up unto in Obedience, will as certainly ruin the Soul, as false Religion. The most deplorable State of Hypocrites, who frame their Religion to worldly Interest and indulgence of their Lusts, is the unsuspected disappointment of their misgrounded Hopes of Bessedness. If Devotion, which is Erroneous, be very dangerous to the Soul, how great will the Misery of such be, who Perversly Prevent their Course of Life, in sinning Knowingly against Conviction, yet perersist in so doing Here were laid down, Characters and Marks of false Religion, and of pure inire Christianity. Then the Causes of Believing false Religion, as it were sacred Truth. Thirdly, Antidotes to prevent the Belief of false Religion, with Rules and Directions, how to preserve in Christ's pure Religion. In the Afternoon, the Ordinary Preach'd out he 4. Verse of the 5 Chap. of the I Epistle of St. John, viz. This is the Victory whereby we overcome the World, even our Faith:To provent the mischievous Effects of CO vetousness, which is the Root of all Evil, this Prescription in the Text, is a safe, sure, and proper Antidote. For the clearer Explication of this fundamental Duty of Christianity, these particulars were shifted. 1. What are those Stratagems of the World which Faith overcomes? 2. Arguments to demonstrate, that Faith only can overcome the World. 3. In what Method doth Faith exercise it self, to obtain Conquest over the heretical seducing world, the defiling Customs of it, with the leud Counsels and Examples of sinners. Also, over the Flatteries of the world with the unjust Censures, and false Accusations of worldly Men, against the Encroaching, Cumbersome Cares of the World; Faith studys the Souls best interest, viz. to please God, in being conformed to the Conduct of his Word and Spirit. Faith scornfully rejects all worldly Treasures, which betray the Souls Integrity, by preferring the instimable Riches of every Grace deposited in the Heart, as the pledge of an undefiled Inheritance, in the Clestial Kingdom. Least sensual pleasures should stupifie right Reason: Faith sublimates the souls Affections, to fix only in God, at the Center of infinite delight and satisfaction. Faith represents worldly grandure, as the delusive Scene of a vain Mind because it self only dignifies Christians with the Prerogative of the Sons of God. None but Regenerate persons, are in any Capacity to overcome the World. Refined Hypocrites, while they retire into the Wilderness, carry the woolf their corrupt Nature with them; and what safety is in shunning the World, as a common Pest-house, while the secret love of Lusts is not Antidoted by the prevalency of renewing Grace: The deepest Impressions of Conviction wrought by Experience of the Worlds Vanity, cannot Sufficiently defend us, from the deadly Stratagems, Unless the New Creature be produced by the over-shadowing Consecration, and efficacious Blessing of our Baptism." This cannot wean our fond love from Earthly Vanities, nor lay an Obligation strong enough, to resign our Hearts to Christ by self-denial, to which, the Friendship of the world is a sworn deadly irreconcilable Enemy. How doth Faith in the Son of God Conquer the World? 1. It estimates Christ's Conquest for us, as the chief part of our Redemption and Salvation. It is a faiding, defiling, delusive Scene of Temptatious, while it sawns upon us: Therefore, we ought to look strangely on it, as the Pillow of our security, and the Caterer, which makes Provision to betray us, to the fulfilling of our fleshly Lusts. Faith practically improves the Efficacie of Christs Offices. As an infallible Prophet, he forefees and discovers the Cheats of the World; As a dying Priest he hath stained by his Bloodshed, the inticing Glory of it, so that it is abhorred as a loathsome Carcase. As a King, Christ out-bids the splendid Grandure of the World, that he may Engage our Love, and Confirm our Loyalty to himself. 3. Faith relys on Christ's Judgment, as the Essential Wisdom of God, who can best compute how incapable the whole Creation is to satisfie the Affections of a wanton Curiosity. Person of strong delight in the world, are usually the subjects of the strangest punishments by it. But Faith foresees the pleasures of sin, as sineking, while their Sweetness bewitches Men to Renounce the Hopes of Eternal Joys. 4. Faith Eyes Christ's Conversation and Example, as the pattern of Mortification. Thus it Argues. Did Christ, the Creator and Heir of all things. make the least use of them, who could not be defiled by it? And shall not Christians Renounce and Mortifie the Ambitious, Covetous, Sensual Spirit of the world, least they wallow in the Mire of its pollutions. 5. Faith assures us, that Christ chose to Conquer Satan and the world, in the very weakness of our debased Nature on the Cross, that he might give them a more shameful deadly Rout. Therefore let us maintain the Conflict, because the Victory is most certain, as made ready to our Hand. Tho' Satans Malice be not abated thorow Christ's Conquests; yet his Courage and Confidence of Success is. As for the world Christ hath so Triumph’d over this, on his Cross, as to make its very Enmity, truly fervicable to the Happiness of his Redeemed Saints. How doth Faith Exercise it self, to gain Conquest over the World ? 1. It convinces us, that the love of it, doth not only degrad us from the excellency of our Heavenly Descent, but also deads our Communion with God and Christ. That its Friendship, as Delelah is great Exhauster of the vital power of Godliness thereby tobetray us to the wiles and assaults of of Satan. Faith assures us, that tho the world fly from us as a Shadow while we conrt it, yet, being kept under as a Slave, it will be moee observant of us, and serviceable to us. The Love of the world being Buried in Christs Grave, becomes the New Creatures, Festival in the Vigor of every Grace, while such pine themselves to Death by disappointment, who most curely Believe, and strictly Embrace its tempting Charms. 3. Faith make a discovery of the worlds deceitful Beauty, in its forded Night-dress; as all fecular Enjoyments will be reckoned mere Vanity when our selves are ready to be lodged in a Bed of Clay. They shall suffer the punishment of their Witch-craft, in the universal Conflagration of the world. Faith conquers transitory delights, by a solemn renewed Dedication of the Heart to God It makes the world an Underling, to promote the flock of good works, and render the course of our Obedience more delightful. It rallys together our scattered Affections, spent on Vanity, and cures the languishing of our love to Christ, opening a Vein of Repentance, and applying the virture of his Blood, as a warm Fomentation to discuss the herditary Disease of Covetousness Faith assures us, that, that Man will readily obey Christ, who is disintangled from the love of the world. But to a Muck-worm sensualist, the easiest Methods of Religion, are a diresal pennance The very mention of self-denial, is as the sting of Death, to him who is fettered with the love of earthly Vanities: But an heavenly life, in the Contemplation and Enjoyment of God, is proper only the mortified Christian, who fixes his Souls Chastity and Loyalty on Christ. Therefore, let us understand well, the right End and Use of all the Creatures so that we seek and intend the Glory of God, in all we do and possess Be very suspicious of a prosperous Estate, which strengthens the Disease of Covetousness. Be more afraid of the world when it smiles than Srowns. Keep a strict constant Guard over your senses. Pray that God would turn away your Eyes from beholding the vain Objects of worldly sordid profit and Sensual pleasures, that he may quicken you in ways of Righteousness and Eternal Life. Converse as little as you can with worldly Company. This will leave a tructure of defilements on their Spirits, as Snails do Slime on the Plants they cleave unto: To be lost for ever, in the admiring Chase of the world, betrays you to such a Doom, which will break your very Hearts with anguish; but to conquer all temptations of the world, by an Heroick Faith, will make you to in the Approbation of the God of Glory. I proceed to an Account of the Behaviour and and Confession of the Condemned Criminals. Thomas Sackvil , of St. Giles’s Cripplegate , Condemned, or that he on the 20th day of October last, did Assault Ellenor his Wife , with a Fire-shovel, giving her a Mortal Bruise on the left side of her Head, of which she died; her last words were, Lord have Mercy upon me, he hath Murther'd me! The Ordinary visited him several times; and advished him to humble himself before God, for all h fins, and especially for the Barbarous Murther his Wife, desiring him freely to confess the Truth; he is Aged 50 Years, was Born in Bromminghan , Bred up to the Trade of a Lock smith , and served as a Journeyman at that Occupation. After some time so spent, he came to London , but left his former Employment to make Bricks , which Continued, till an unhappy difference arose betwixt him an his Wife, whom he Married at the of 25 Years. He denys not, that his Daughter was present when he struck her. The occasion of it, as he says, was this. She having two Payls in the House, he sold one of them , and went to an Ale-house adjoining, to receive the Mony of him, who bought the Payl; his Wife came thither to fetch him home, and they had quarrle some words about selling the Payl, and for his expanding part or that Mony Thereupon, as he was goig abroad again, she pull’d him back; and he striking at her, gave her a black and blew Eye. After this, his Wife grew more is passion, and gave him reviling Language, as he pretends; whereupon he struck her again; but he says that her Death was occasioned by her running back from him, and falling against the Fire-Irons, which bruifed her Head. The Ordinary insisted several times, that he would not palliate so Barbarous a Crime, but confess the whole truth, and give Glory to God’ Justice, which had overtaken him, and brought him to condeign punishment: And yet, it he persisted to couceal or extenuate any Circumstance of the Crime, he would grow daily more impenitent, and hazard his Salvation. Not withstanding all Arguments used to bring him to acknowledge this heinous unnatural sin; he was little affected with it, At last he said, that for sevetal Nights he could not sleep, but was in a manner Distracted, for his ill-spent Life, viz. in Excessive Drinking, and prophane Swearing, for which provocations of God he justly left him to this mischievous quarrelsomeness with his Wife; and that if he escape Death for this unhappy Fact he will endeavour to amend his Life, and better to follow his Employment to maintain his Children. But whatever he pretended, his Repentance is very doubtful, because he could not be prevailed upon, to acknowledge the Crime, as a Murtherous Act, but an Accident only 2. William Harbert , Condemned for several Robbery on the High-way, at Bristol Cawsey on the 5th of December last. The Witness gave plain Evidence against him. Two persons were Robbed and Bound by him and others of his Comrades, who strip’d them, and left them in a Field, to the hazard of starving with cold. This William Harbert is Aged 23 Years, he was Born in Wales . He followed Husbandry for above 10 Years; afterwards he wrought in a Brewhouse about 3 Years, then he went into Wales , and afterward into Hereford shire , he wrought in the last Corn Harvest , for the space of two Months, then he came to London , where he hath been for a quarter of a Year but meeting with bad Acquaintance he Robbed with them on take Highway. He says that they stop'd five persons at Bristol Cawsey he denys not, that he took the Mare by the Bridle, for carrying away of which from the right owner, he stands Condemned. The Ordinary ask'd him how he observed the Sabbath he replyed that he sometimes went to Church, but there he little minded his Duty to God, or the things of his Eternal Peace, for which neglects , as also Swearing, and keeping Company with ill Women; he says that he is justly brought to this fatal punishment He had mean Education , and therefore said that he could not give any large Account of what relates to his Soul; but he hopes that he Repents of all his sins, and in particular, for his Robbing on the Highway. He wep'd, and said, if the King spares his Life, he will never wilfully offend God, nor offer violence to any person for the future, but fellow some lawful Employment. 3. John Prichard , alias Green , Condemned for joyning in a Robbery with the laid William Harbert ; he denyed not the Crime, but said that deep Poverty inclined him to it. He Repented that he left off an honest Employment at Sea , for he had been thrice before at Argeirs , as a Soldier , and had served the King at Tangeir ; but since he grew idle and expensive among vain Company. I told him that Robbery was a great sin against humane Society, and free Commerce, by putting Travellers in Terror and hazard of their Lives; that he could not offer violence to another, but he must first raise out the Sentiments of common Equity, in violating the publick peace, as well as the dictates of his Conscience. He replyed that this was a great Grief to him, not for the fear of Death, but the manner of drawing it upon himself. He desired me to advise him, how to prepare for an happy going out of the World, for he expected not any Reprieve: He joyned on Monday, with the other Criminals in Prayer. I hope he was truly sensible of his ill course of Life. 4. John Grevil , Condemned for breaking the house of Sir Edmund Anderson on the 27th of July last, between the hours of Twelve and One at Night; and stealing thence, Goods of a great value. He told the Ordinary, that he was much concerned for his Souls future State: He denyed not the Fact; he bewailed his ill spent Life, being now desirous to turn to God, and make his peace with him. I told him, that Christ was the only Mediator; who made God's Justice satisfaction for sin. He confess'd that he Renounced any Trust, in his sorrow for his sin, and made his prayers to God, only thorow Christ, that these is no other Power that can grant prayer, and that his Faith was only fix'd on him. I ask'd him how he knew true Faith from false, he said it wrought a good Conscience in all things that he repented he had wronged the Integrity and Peace thereof; but he hoped God would be Merciful to him. 5. John Snipe , Condemned for breaking the house of Sir William Smith , in the Parish of Stepney , on the 12th of October last; he was Born in Northampton-shire ; he was Bound Apprentice to a Dyer in Thames-street , and as he said, served out his time, and set up his Trade; but his House and Goods being Burn’d, he was reduced to extream Poverty, which occasioned him to betake himself to ill ways of getting Mony; he denyed not, but that he lad been a great sinner, but express’d in what particulars. 6. Lawrence Vanghan , Condemned for Robbing William Taylor on the King's High-way, of a Castor Hat and other things, in the Street. He was Born in the North of Ireland t He was not willing to tell me what Employment he followed; there upon I said, that Idleness is an Inlet into the Temptations of Satan, and breeds a secure presumption in sinning. He said, that now his sins came to his Remenbrance, and lay heavy on his Soul but he hoped he had made his peace with God, and that he seeks only to Jesus Christ, for the quieting of his Confidence. I told him that a good and comforttable Conscience, must be made holy, by an heart purisying Faith. I ask'd him, what is the Nature of true Faith and Repentance, in Order to Salvation; he said that Faith is a Reliance on God in Christ, for pardon of sin, upon sorrowing and for saking it with a true heart. Lawrence Vaughan was Reprieved on Friday Morning the other five Condemned Criminals were Executed at Tyburn, one of them, Namely John Prichard , alias Green , Confess'd there, that he had served his Majesty 20 Years, had he served God as faithfully, he had not come to this untimely End: He said that this Robbery was the first which he Committed, and desired all the Spectators to take Care or Warning by him: He leemed more Penitent than the other. The Ordinary Prayed with them in the Morning, before they were carried to Execution, and gave them Advice in order to their Death. At Tyburn he Prayed with them, and after some time, went out of the Cart, and stay'd till they were Executed. The Ordinary ask’d Thomas Sackvil , whither Murthered his Wife with a Fire-shovel, he said did not know. Another would not acknowledge who were Associates in Robbing Sir Edmund Anderson . Dated the 16th of December, 1687. Samuel Smith , Ordinary . This may be Printed, R.P. December the 16th. 1687. LONDON, Printed by D.Mallet,next Door the sr, between Fleet-Bridge, and Bridewel-Bridge, 1687.

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A TRUE RELATION Of the EXECUTION of JOHN SMITH , alias ASHBURNHAM . (For Murder) At Stamford-hill , near Tottenham , where he was also Hang’d in Chains, on Monday the 26th.of May,1684. AND OF Edward Jackson , Executed the same Day at Tyburne , for HIGH-TREASON. WITH A Copy of a Paper of his own Writing deliver’d in Newgate: As likewise a true Account of their Behaviour, and last Confessions, at the said Places of Execution. WHEREAS at the late Sessions of Gaol-Delivery held in the Old-Baily on Thursday and Friday, the 15th. and 16th.days of May,1684. Five Men received Sentence of Death, (viz.) Edward Hubbard , John Gower , Francis Robinson , John Smith , alias Ashburnham , and Edward Jackson ; of which Persons, Edward Hubbard was Reprieved from Execution. And whereas a Warrant was directed for Execution of the rest on Friday the 23d.of the said month, the morning of the said Friday, Reprieves came for Edward Jacson , and John Smith , &c. until the Monday following, Gower and Robinson only being that day Executed, (from whence some believed a Pardon might have Fucceeded;) which time of Reprieve being expired, they were likewise Executed on Monday the 26th. day of May before mentioned; viz. First, John Smith , alias Ashburnham, a Notorious Highway man, whose Name hath been in a Proclamation, and several Gazetts, in order to his being Apprehended, was Indicted, Tryed, and found Guilty, for the Murder of Andrew Page , a Head- borough of Stoke-Newington , (two or three miles from London) in July was Twelvemonth, when the said Page was in the Execution of his Office with his Watchmen in pursuit of the said Smith, &c. and others that had committed divers Robberies on the Road near that Town. From the time of his sentence he behaved himself very penitently in Newgate , bewailing his ill-spent time, which now was like to bring him to a sorrowful and shameful End; owning that he had received much Benefit from the painful Endeavonrs of Mr. Ordinary, to whom he confess’d he had been Guilty of many Robberies on the High-way, but disowned that ever he was Guilty of Murder. On Monday, between Seven and Eight in the morning, he was brought out of Newgate, put into a Cart, and drawn to the Gibbet that hath for some Years stood at Stamford Hill, near the great Road which leads to Ware When there, besides several Answers and Confessions he made to the Sheriffs Officers and other, he desired the Assistance of a Minister; one being sent for, asked him several Questions, viz. If he had Repented him of his Sins? What Hopes he had of a future State? and what Religion he died of? To which he answered very readily and properly; and as to his Religion, That he hoped he was a true Catholick of the Church of England, a Protestant Catholick, or such like Words. The Minister again ask’d, If he had confess’d all the Outrages that he had done? for that without Confession and Repentance, there was no Remission to be expected: that he would do well disburthen his Conscience, whether he did kill the Man, &c. To all which he answe’d, That he was in the Company when he was kill’d; That they were Four in all which had at that time been several hours upon the Road. Two of which were since taken and hang’d; That the Man who kill’d him, viz. one William Hancocke , is yet alive, and, as he supposed, in Warwick Gaol ; That the Constable, or he that was kill’d, come up, and took hold of Hancocks Bridle, who then discharged a Pistol, and kill’d him; That he himself was very near when it was done, but had no hand in his death. He consest himself to have been Guilty of Adultery, Fornication, Swearing, Sabbath breaking, and other great Sins, for which he hoped he had repented: He de the ter to pray with him, and after that was ended, he went to the ad desiring the Prayers of all the Spectators, and soon after was truned off When ead, his Body was cut down, and put into a Frame of Iron fitted, as usual in such Cases, afterwards hung up again upon the Gibbet, where it now remains hanging. Edward Jackson , a Mercbant , or other considerable Trader in the City of London, being Indicted at the said Sessions for High-Treason in Clipping the currant Coin of this kingdom, Tryed, and upon positive Evidence found Guilty of the said Indictment, received Sentence to be drawn upon a Stedge to the place of Execution, and there hang’d by the Neck till he was dead. His Behaviour in Newgate after Sentence, ws continually most lively Expressions of a true Penitent Sinner, spending his Time in Prayer and other Religious Execises, for the most part, Day and Night; and on Sunday the 25th. was very attentive at the Chappel, where Mr. Ordinary preached from that Text of Sacred Scripture, 11th. of St. Matthew’s Gospel, 28th. Verse, Come unto the all ye that labour and are heavy laden, and I will give you Rest. On Monday, the 26th. between Ten and Eleven in Fore-noon, he was brought from Newgate, put into a Stedge, and therein drawn to Tyburn , Reading and Praying all the way with a loud Voice; the like not known in the memory of man. When come into the Cart, he spoke to the People with an audible Voice to the effect following, viz. That he was Tryed at the Old-Baily on the 15th. of this month, and found Guilty of Clipping money, &c. That he believed in God, and as he expected Relief and Comfort from Jesus Christ, he was as clear as that Child, (pointing little Child;) That if the Witnesses against him might have been examined apart, they would have been Intrapped; reflecting a little upon the Court; for which he being reproved; he proceeded more moderately, saying, He was taken up in November lat, no Bail would be taken; yet no Indictment being against him, was at the Sessions after Cleared by Proolamation; That the Witnesses against him were then in Newgate, and had noting to say; That had he been afraid of them, he might them have gone away; That they were to dye themselves, but got off, and being taken up again, had been prosecuted and hang’d, unless they would peach some others. That if he would have give 3l. they would not have accused him, or served the Lord Chief Justice’s Warrant upon him; That he was not afraid, as concluding his Life was in no danger, because he never either Clipt any himself, or saw others do it; That he would not deny the putting off Four for five Pieces of melted Silver, but he had it of Nickonson; That he had deserved this Death for his sins, and he desired to take Publick Shame to Himself; That he forgave all the World, and dyed in Peace, freely forgiving those who swore falsly against him. That he had once Hopes the King would have been so merciful to have granted his Pardon; That he had offended God in one thing, in speaking of two or three, by reason he would fain have saved his Life, tho in truth he knew nothing of that kind against any manor was any ways Guilty more than putting off some Filings or Clippings that were melted down, which he conceived the Law did not reach to punish with Death. He said it was a sad thing he must so suffer; That he came of pretty good Parents himself, none of his Family having any Spot amongst them; that he was likewise the Eldest Son, (but twenty eight Years of Age;) That he had married into a good Family; for which reason, he lamented his Disgraceful End. He spoke much more to this Effect. Then Mr. Ordinary Prayed a confiderable time with him, in which he joined, and sung a psalm with great Earnestness and Affection. Mr. Ordinary said, The Lord fit you for this great Work, which can be done but one, Death giving us a Prospect of Eternity; That he would have him ease his mind; That he hoped he had concealed none of the clippers, or any thing to the prejudice of His Majesties Government: To which Jackson answered, that Mr. Ordinary prest things very home to him, but he could say no more than he had said. One ask’d him, if he had not put off clip’d money in his Payments; he answered, Yes, he had put off many score Pounds of clip’d money; adding, and so have you put off clip’d money too. The same Person again ask’d if it was not newly clip’d; He said, yes, he believed he had often put off money new clip’d; for he believed, Nickonson clip’d his money frequently, but he himself never clip’d or see it clip’d Mr. Ordinary then ask’d if he would pray himself; for that he had observed him to pray in newgate with much Zeal and Understanding: Mr. Jackson said, He was almost spent (for indeed he prayed several hours with some Intermissions of other occasional Speeches;) howbeit, he fix’d himself into a more particular Form of Prayer, in the words following: O Lord most Holy, good and Gracious, Everlasting and Blessed God, how Glorious art thou, Lord God, Thou art a Great God, and a Merciful God, and Thou hast done for me a Thousand times more than I deserved; I confess I have been a great Sinner, done those things I ought not to have done, and left undone what I ought to have done: Lord, help me, strengthen my Faith every minute more and more, those few minutes I have to live, that when my Soul and Body parts, my Soul may ascend up to Heaven; and that he that shed his Blood for Sinners, may make my peace with god. Let my Sins be covered, forsake me not, because of my Sins; I have been a great Sinner, I have offended against thy Holy Laws, I have humbly confect them all. At this part of his Prayer, he speaking of his Accusers and Indictment, some Interruption was made, and Questions ask’ him. Also some of the Sheriffs Officers discovering Impatience to have the Ereention dispatched, Jackson said, Lord, Gentlemen, be not so Unkind, I would fain dye it Peace: Then he proceeded in his Prayer. Lord, for Christ Jesus sake, forgive me all my Sins, I have confest them upon my bended knees; Greant that I may be a warning to others; that they may spend their Sabbath better, walk uprightly and justly, and so nothing contrary to God’d Law: Lord receive my everlasting Soul, Jesus keep me from the Torments of Hell. One thing more I beg, Lord, bless the poor Widow that will be by and by, the Lord raise her Friends, and give her grace to undergo this Trouble. And now I part in Peace, I have repented me of all my Sins, and for Christ Jesus sake enable me with all things necessary the day, concluding this my imperfect Prayer at Christ himself hath taught me--Our Father, &c. The Very Words of the PAPER written and delivered by Mr. Jackson, are as fooweth. John Nickonson was my School-fellow about Fifteen Years ago, and was born within Four miles of me; about Three years and an half since be came up to London , and came to me, desiring me to help him to a Place, which I endeavour’d to do all that I could. Atlast be got a Place with Sir Paul Neal in Essex-Buildings , with whom be liv’d, as I take it, about Three quarters of a year, I was bound with him for his Honesty in a considerable Sum of money to the said Sir Paul--After be left that Employ, he came to me with a second Application, and, I think, bad no Employment since, only I sent him divers times to receive and pay money for me in City and country. Thomas Martin was my countrey man, and born about Five miles from me; he often borrow’d money of me, which be sometimes did, and sometimes did not return: I had no great Intimacy with him, only when I saw him, I shew’d him respect for Countreys sake. As for Thomas Hickam , he was once at my House, and I do not remember that I was ever in his Company above three or four times in my Life. These three swore that I Clip’d the King’s Coin. My Tryal was on the 15th.Day of May,1684. Now, as I am a Dying a Man, and so have no reason to leave the World with a Lye in my Mouth, I Profess, That I am not Guilty of what they the aforesaid Persons have Sworn against me; viz. That they never saw me Clip Money, not that I never saw any of them Clip Money. As for Nickonson, he has bad several Sums of Money of mine in his Hands; which I do believe he did Clip, but I never saw him do it. Niconson and Hickam Swore at my Tryal, That they melted Clippings at my House. I remember they came on a Saturday to my House, and desir’d the Privacy of a Room; I ask’d them for what? They replied, For no Harm: So I told them, they may. I went up and down the City about my Business; and it seems they had sent a Porter for a basket of Charcoals. At my Return, they were in the Warehouse, and said, they bad done their Business. About the latter end of last Summer was two years, Nickonson brought me two pieces of melted Silver, (I think the Goldsmiths call them Pigs or Wedges) which I sold to Mr. Hutchinson, a Goldsmith, at Chelmsford, who was an Evidence at my Tryal that I sold it to him. Some time after, Nickonson brought me two Pieces more, which I dispos’d of to Mr. Bulleck at the Horse-shove in Cheapside, Goldsmith. Of both these I had some Benefit or Profit for the Disposal. And this is all I was concern’d din; which I declare on the Words of a Dying Man, to be as near Truth as I can remember: and that as to any actual or personal Clipping, or diminishing the King’s Coin, I am as Innocent as the Child in the Mothers Womb. May 20.1684. Edward Jackson . POSTSCRIPT. IT was observable, That after Mr. Jackson had Pray’d himself, he desired Leave of the Ordinary, That another Minister might Pray also; and after that, he desired Mr. Ordinary himself to Pray once more: Both being ended, the Executioner proceeded to do his office; in which Juncture, before the Cart was drawn away, he ed many Heavenly Expressions, with such Passion, Loudness, and Earnestness, that he melted Hundreds of Spectators into Tears. I Subscribed this Narrative on the 26th.May, 1684. Samuel Smith Ordinary of Newgate . LONDON ,Printed by Geo Croom , the Sign of the Blem Ball over against Bayward's Castle in Thomas-Street .1684.

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AN ACCOUNT OF THE Condemnation, Behaviour, Execution, and Last dying Words OF Captain Francis Winter , Who was Condemned at the Sessions-House in the Old-Baily , on Saturday the 29April, For the Murther of one John Chandler , in White Fryers in London, Etc. and Executed for the same at White-Fryars-Gate in Fleet street , on Wednesday the 17 May1693. 19May1693. SEveral Reports, of this Nature, have been oftentimes Manifested in Print; many, of which, have seemed to look somewhat obscure, till it hath been more particularly diffected, and laid open, in all its Agravating Circumstances. And indeed; till that be done, there area sort of Men in the World, who are apt to asperse the Superior Powers, as if they were too Severe in the Execution of Justice; but, when their Eyes are enlightned by the due Weight of Reason, then perhaps they will be of another mind, unless they are Prejudiced beyond the bounds of Natural Reason, and Common Sence, therefore, it will not be inconvenient to give the Reader a Brief Account (by the way) of the Matter of Fact, in Relation to this Unfortunate Gentleman, Etc. Some Persons (it is very likely) have not forgotten, that about the 4July last, was Twelve Month, there was a Mutinous, or Riotous Assembly Raised, and got together in White Fryars , in London, in opposition to the Gentlemen of the Inner Temple , who stopt up a Passage that led out of the said Fryars into the Temple walks , the Gentlemen finding the said Passage to be very incommodious to them, upon the hot Resistance of the White Fryars men, there was likely to be great Mischief done, to prevent, appease, and qualifie which, the then present Sheriffs of London, (being sent for) came with their Officers and Attendants, entered in at the Fryars Gate , endeavouring to make open Proclamation, that all Persons should Cease, and go Home in Peace to their Respective Abodes: But this was not Regarded by the Mutineers, for they were the more Incensed, and came with great Fury against the High Sheriffs, this Gentleman being at the Head of about Fourscore of them, as their Captain and Leader, with a Blunderbuss in his hand, which he was seen to Fire of several times, bidding defiance to the Sheriffs; and all those who were their Assistance, crying One and all, they would kill them, rather than any Man should be taken out from them, by way of an Arrest, but that was lookt upon to be but a false Suggestion, and a Cunning Plea of their own Forging they having no Regard to Authority, for they had placed several Casks on both sides of the Street, on purpose to Impede the Passage of the Sheriffs, and some of them lay secretly behind them, as it were on purpose, to lye in Wait to take an Advantage, Etc. Firing several times against the Sheriffs and their Men, the Captain being at the Head of them, as aforesaid. And Chandler, the poor Man, who was killed, being on the Sheriffs side, had the misfortune to be shot in the Calf of his Leg, with a Leaden Bullet, which wound killed him in two or three Days, he solemnly protesting upon his Death-Bed, that he knew Captain Winter very well, and that he was the Man that shot him for which Fact the Captain, for some considerable time, Absconded, but was lately Apprehended, and Committed to Newgate for the same, and was this last Sessions tryed for it, and sound Guilty of Murther, and on the 29April he was Condemned, in Order to be Executed with the other Criminals, who suffer'd at Tyburn , the 8th. Instant. But, by Vertue of Her Majestys Gracious Reprieve, he was Respited until this day, Etc. As for his Birth, he was Born at Truro in Cornwall , then sent Apprentice to a Captain of Ship , after this he was made a Captain of a Merchant Man to the West Indias himself, after that he Commanded a Ship in the last Dutch Wars , where (to say the Truth) he behaved himself with a great deal of Candor and Courage, afterwards he fell into decay, and had Contracted some Debts in the World, which occasioned him to fly for Refuge into White Fryers , where he had the Unhappiness to be Engaged in such an unworthy Design, and Violent Attempt, as aforesaid. He had not much to offer in his Defence at his Tryal, only in the General, that altho' he was there amongst the Multitude, yet there were others that Shot, and therefore the Man might fall by another hand as well as his, or to that Effect, Etc. After Condemnation he Behav'd himself in a Christian like manner, being much Concerned for his Souls Everlasting Welfare, desiring the Advice, Good Counsel, and Prayers, of all those Worthy Divines that came dear him, acknowledging the Justice of God, in bringing him to Undergo so Severe a Punishment, for that he had been guilty of several Irregularities in the Course of his Life, and had not walked up to the strict Rules of the Christian Religion as he ought to have done, which he now Lamented, and was exceedingly troubled for, therefore he hoped that God would forgive him, being willing to submit to the Righteous Judgement of God Almighty. He gave himself to Reading, Prayer, Hearing God's Word, and to all other Exercises of Religion, being willing to adhear to all Seasonable Advice, that might any ways advance his mind, and set his thoughts on Heavenly Things, Relying only upon the Merits of Christ, for his future Happiness; he carryed himself humbly, during his Imprisonment, both before and after Conviction, though Naturally of a stout, hardy and undaunted spirit, was no ways affrighted at the near approaches of Death, giving God the Praise for such a Respite of Time, in Order to prepare his soul for another World. On Wednesday morning, the 17th. Instant as abovesaid, (by Vertue of a Fresh Warrant from her Majesty) he was put into a Coach at Newgate Stairs , and from thence Conveyed down Old Baily , and over Fleet-Bridge , to the Fryars Gate , in the way to which place, there were several Thousands of Spectators, who thronged to see him, when the Cart was settled under the Gibbet, and he put into it, (which was Erected there on purpose) he stood up, and spake as follows: I have no Publick Declaration to make here, my Thoughts being wholly taken up in the Concerns of my Eternal Welfare, for that is the Work that I am come here to do: Therefore I desire that I may not be interrupted. Then the Minister Prayed with him, and for him, and Recommended him to the Mercy of God, Etc. After this, he Pray'd in these Words. O Most Great and Glorious Lord God, do thou look down in Mercy upon me, a Poor Miserable Sinner, and shew thy blessed Face to me, now in this Hour of my Extremity, for what am I without thee, therefore O Lord! I beseech thee to Pardon my Sins, and Wash my Soul clean in the Blood of CHRIST JESUS. and deliver me O Lord from the guilt and defilement of Sin; Holy Father do thou Receive me into Mercy, for into thy Hands I Commend my Sprit: O Lord let it be Precious in thy Sight, and let it live with thee in Everlasting Glory: Now I come, sweet JESUS now I am coming to thee; Dear JESUS do thou plead my Cause with the Great GOD of Heaven and Earth, and send down thy Blessed Spirit to Assist and Help me in this Great Work I am now about; I am a Poor Worthless Creature, full of Sin and Misery; yet do thou Lord JESUS take pitty upon my Precious Soul: O Lord JESUS come quickly, for I am now coming to thee, therefore I Humbly beg thee O GOD to Receive my poor Soul into the Arms of thy Everlasting loving Kindness, Lord! Into thy Hands I Commend my Sprit, for thou hast Redeemed it O LORD GOD of Truth Amen. Then the Cartaway, and afterwards he was Carryed into White-Fryars , to be Inter's in the Sepulchre with his Ben, Etc.

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CENTRAL CRIMINAL COURT Sessions Paper. GABRIEL, MAYOR. FIRST SESSION, HELD NOVEMBER 19TH, 1866. MINUTES OF EVIDENCE, TAKEN IN SHORT-HAND BY JAMES DROVER BARNETT AND ALEXANDER BUCKLER, Short-hand Writers to the Court, ROLLS CHAMBERS, No. 89, CHANCERY LANE. THE POINTS OF LAW AND PRACTICE REVISED AND EDITED BY EDWARD T. E. BESLEY, ESQ., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. VOL. LXV. SESSION I TO VI. LONDON: BUTTERWORTHS, 7, FLEET STREET, Law Publishers to the Queen's Most Excellent Majesty. THE WHOLE PROCEEDINGS On the Queen's Commission of OYER AND TERMINER AND GAOL DELIVERY FOR The City of London, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION OF THE CENTRAL CRIMINAL COURT, Held on Monday, November 19th 1866, and following days, BEFORE THE RIGHT HON. THOMAS GABRIEL , LORD MAYOR of the City of London; Sir GEORGE WILLIAM WILSHERE BRAMWELL , Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir JOHN BARNARD BYLES , Knt., one of the Justices of Her Majesty's Court of Common Pleas; WILLIAM TAYLOR COPELAND , Esq., Sir JOHN MUSGROVE , Bart., THOMAS QUESTED FINNIS , Esq., and WILLIAM ANDERSON ROSE , Esq., Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; JAMES ABBISS , Esq., THOMAS DAKIN , , Esq., ROBERT BESLEY , Esq., and SILLS JOHN GIBBONS , Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C. and M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , LL.D., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court. SYDNEY HEDLEY WATERLOW , Esq., Alderman FRANCIS LYCETT , Esq. Sheriffs . ALEXANDER CROSSLET , Esq. HENRY DE JERSEY , Esq. Under-Sheriffs . CENTRAL CRIMINAL COURT . GABRIEL, MAYOR. FIRST SESSION . A star (*) denotes that the prisoners have been previously in custody — two stars (**) that they have been more than once in custody — an obelisk (†) that they are known to be the associates of bad characters — the figures after the name in the indictment denote the prisoner's age . LONDON AND MIDDLESEX CASES . 1. EDWARD SHERIDAN (43) PLEADED GUILTY to unlawfully and maliciously publishing a false, scandalous, and defamatory libel of Francisco Antonio Pedrozo de Albuquerque. — To enter into recognisance to appear and receive judgment when called upon . 2. THOMAS RAVEN (22) , to four indictments for stealing several sums, amounting to 48 s ., of Charles Lumley and another, his masters. Recommended to mercy by the Prosecutors.— Confined Twelve Months . [Pleaded guilty:See original trial image.] 3. LOUIS EUGENE D'AUMONT (42) , to embezzling 9 l . 19 s ., 3 l . 12 s . 3 d ., and 3 l . 1 s . 9 d ., of Ernest Meroy and another, his masters. Recommended to mercy by the Prosecutors.— Confined Nine Months . [Pleaded guilty:See original trial image.] 4. GEORGE LEWIS (28) , to stealing a box and twenty-four India-rubber shoes of the Great Eastern Railway Company , having been before convicted.—** Confined Eighteen Months . [Pleaded guilty:See original trial image.] 5. CHARLES MAYCOCK (38) , to embezzling 11 l . 11 s ., 5 l . 11 s . 6 d ., and 5 l . 17 s . 10 d ., of William Henry Fourdrinier and another.— Five years' Penal Servitude . [Pleaded guilty:See original trial image.] 6. EDWARD FRANKLIN (18) , to feloniously forging and uttering a request for the delivery of three shawls, with intent to defraud.— Confined Nine Months . [Pleaded guilty:See original trial image.] 7. EDWARD SMITH (29) , to stealing a watch of Ebenezer. Terry Johnson from the person of Emma Johnson , having been before convicted.—** Seven Years' Penal Servitude . 8. JOSEPH MORRIS (38) , to two indictments for embezzling sums of money of Samuel Grocutt and others, his masters. The Prosecutor stated the prisoner's deficiencies amounted to 171 l .,and that a similar offence had been overlooked two years ago — Five Years' Penal Servitude . [Pleaded guilty:See original trial image.] 9. CHARLES BUNYARD (42) and CHARLES COULARD (37) were indicted for unlawfully conspiring to defraud Frederick Thomas . MR. MONTAGU WILLIAMS , for the Prosecution, offered no evidence . NOT GUILTY . 10. THOMAS LANE (40) , Feloniously forging and uttering an order for 1 l . 17 s . 3 d ., with intent to defraud. MESSRS. SLEIGH and MONTAGU WILLIAMS conducted the Prosecution, and MR. RIBTON the Defence . MOSS DEFRIES . I am a chandelier manufacturer, carrying on business with my brothers in Commercial Street, Whitechapel—the prisoner was in our employment—it was his duty to keep the bought ledger, to receive the invoices from the cutters, to examine those invoices with the book in; which the goods were entered when received, to see that they corresponded; he would then bring me the ledger and the cutters' invoices—I should then see that the entry in the ledger corresponded with the invoices; he would also present me the order for payment, and if it corresponded with the entry in the ledger I put my initials across it; the order would then be presented to the pretty cashier, who would pay it—on 31st August the prisoner brought me this order ( produced )—he also showed me this cutters' ledger—at the time the prisoner brought me the order it was for 1 l . 7 s . 3 d ., that was written in words and in figures—the letters "teen" have since been added, and the figure "I" has been prefixed to the 7. Cross-examined. Q. I believe you prosecuted the prisoner last session? A. We did, upon two indictments—the facts were not of the same nature as in this case, he was acquitted—I was examined as a witness—this order is in the prisoner's writing, and the ledger also—the 1 l . 17 s . 3 d . in the column is his writing—I believe the invoice has been lost—it would be handed to the prisoner by the cutter in the course of business—it would be copied into the book—I cannot tell whether the order would be copied from the invoice or the book—it would be from one or the other—Powell has been working for us a good many years—after crossing the order I gave it back to the prisoner—there was a junior clerk named Norden in the office with the prisoner—we have not discharged any clerks lately—we have discharged one man named Lazarus for selling goods on his own account when he was under an agreement for a certain number of years—no evidence as to this case was given before the Magistrate—we employ a great number of hands, but only about ten principal cutters, and they employ others under them, who work only for us—in cash between 500 l . and 1000 l . would pass through the prisoner's hands in a year—there are great numbers of crossed cheques and cheques payable to order—about 20 l . or 30 l . a week would be paid out on orders of this kind—we have employed a professional accountant to go through our books—he has been nearly two years doing that—this book remains in the prisoner's office—it would not be accessible to all the clerks—we could never get access to it—he almost always had it locked in his desk—I have asked Norden, the junior clerk, for it, and it has been locked in the prisoner's desk—whenever I have asked the prisoner himself for it he has always shown it to me. MR. WILLIAMS . Q. In whose custody would the invoice be? A. In the prisoner's—Lazarus was one of the prisoner's bail. MR. RIBTON . Q. Did you not on the Monday following this go and take away a number of invoices from the prisoner's office? A. No; I asked Norden for some invoices, and this amongst others, and he could not find it—I asked for the previous week's invoices, and they gave them to me, but this was not amongst them—I think they were given to me by Norden—I don't know how many there were—I really cannot tell whether it was Norden or the prisoner that gave them to me, they were sitting next to each other—there were not above than ten or twelve—I don't think Lazarus was the prisoner's original bail, but when the case was post poned from last session. JOHN POWELL . I am a glasscutter—I have been in the habit of doing work for Messrs. Defries—on 17th August I did some work for them amounting to 15 s . 6 d ., and the week after some more amounting to 11 s . 9 d ., together 1 l . 7 s . 3 d .—I generally keep a pocket-book in which I put down the work I do—I made an entry of this work perhaps a day previous to sending it in, or perhaps the next day; this is it—it is "one plate", 15 s . 6 d ., sent in either on 16th or 17th—I suppose it must have been the 17th, the date is not here, but I never take in work except on Thursday or Friday—on 31st August I went to Messrs. Defries for my money—I sent in a bill by my boy, and I received 1 l . 7 s . 3 d . from the prisoner on the Friday following the 31st—this is my signature to this book—I don't believe the figures were 1 l . 17 s . 3 d . when I signed it—this "By cash, 27 s . 6 d .," is my writing. Cross-examined. Q. Did the prisoner himself pay you? A. Yes, I don't recollect in what coin, I believe it was in silver, I think there was 1 l . in silver in paper—I was first spoken to about this about ten or four teen days after—I swear that this 27 s . 6 d . is my writing—I wrote it at the time—I invariably enter the amount in the book when I receive the money, I suppose it is a habit I have—I received some money on 17th August, I see I have not put down the amount there—I think that is the only instance where I have not—I generally go there in the evening—I don't recollect having sometimes had too much to drink, I suppose I am like all the rest, we all have a little too much at times—I was perfectly sober when I received this 1 l . 7 s . 3 d ., and also the week before—I have been very steady lately. EMANUEL NORDEN . I was a clerk in Messrs. Defries' employment at the time the prisoner was there—he kept the cutters' ledger—he some-times kept it in a drawer and sometimes in a safe—the drawer was in his own desk—I never made any entries in the book—I have, by Mr. Defries' direction, searched for Powell's invoice of 1 l . 7 s . 3 d .—I have not been able to find it—I know the prisoner's writing—I have seen him write—the letters "teen" at the end of the "seven" resemble his writing—I believeit to be his. Cross-examined. Q. Do you remember Mr. Defries coming to the office one morning and asking for a number of invoices? A. Yes—I handed them to him by the prisoner's direction; there were about a dozen—I received the invoices as they came in, and they were entered directly by the prisoner in the ledger—if he is not there at the time we put them on a file, they may remain there a few hours before they are entered, but they are always settled the same day. PHILIP CANTER . I was petty cashier in Mr. Defries' employment—this order was delivered to me by the prisoner, and I paid him 1 l . 7 s . 3 d . upon it, with other sums. Cross-examined. Q. Have you left the employment? A. Yes, to better myself—it was my duty to pay the cutters, but I handed the money to the prisoner to pay for me—I gave him 10 l . 18 s . 3 d . altogether—other cutters were paid by cheque by the chief cashier, but no others by Cash that I know of—I handed the prisoner the orders, not the invoices—there were eight orders—I have seen the cutters' ledger on the prisoner's desk when I have gone into his office—I never looked into it—he had paid the cutters for me several times—I requested him to do so—I left to go and assist my father, and my brother succeeded me. COURT . Q. You say you have seen the cutters' ledger lying on the prisoner's desk, have you seen it there when he has not been there? A. I cannot say, I never noticed, I have seldom been there except when he has been in the office. MOSS DEFRIES ( re-examined ). The prisoner left our employment between one and two o'clock on the Friday previous to his being taken into custody—he left without notice—we had a detective officer after him for two or three days. MR. RIBTON . Q. Do you not know that he had been telegraphed for? A. I do not—I saw a telegram at the police-station, but what it was about I don't know; it was taken from his pocket, I did not read it—he had been between two and three years in our service—he has not sat up whole nights attending to our business—at stock-taking he has worked a little later than usual; that is only once a year, and lasts about a week—I raised his salary from 2 l . to 2 l . 5 s . NOT GUILTY . There was another indictment against the prisoner, upon which no evidence was offered . 11. ANN LEWIS (36) , Stealing two blankets and a pair of slippers of Charles Scott . JANE SCOTT . I am the wife of Charles Scott, who keeps the Old Red Cross public-house, in Upper East Smithfield—on 22nd October the prisoner took a room at our house, she said she should want it for three weeks, or perhaps a month, she only remained one night—I examined the room when she had gone, and missed two blankets off the bed, and two pair of slippers, a box was broken open and several articles taken from it, but I cannot say what; the box had been left by a gentleman for a bad debt, and I did not know what it contained—this is one of the pair of slippers; the other pair has not been found, nor the blankets—I did not see the prisoner leave—she represented herself as the wife of the chief mate of a Belgian vessel, and ordered dinner for herself and husband on the Tuesday, but we did not see her again till she was in custody on the Wednesday night. JOHN CURTIS ( Policeman ). In consequence of information I went to No. 119, Minories, and there found the prisoner—I told her she would be charged with stealing two blankets, the property of Mr. Scott, of the Old Red Cross public-house, Upper East Smithfield—she made no answer—as I was standing in the room I saw her take something from the foot of the bed and place it underneath the carpet, and I pulled out these slippers—I said, "Where did you get these from?" she made no answer—Mrs. Scott, who was in the room at the time, said, "These are my slippers"—I then said to the prisoner, "You will be further charged with stealing the slippers"—she made no remark. Prisoner. Q. Did I not say I had put them in my bag by mistake? A. Not then, you did before the Magistrate. Prisoner's Defence . As I found the room, so I left it. The slippers I picked up and put in my bag by mistake in my hurry; the blankets I know nothing of. The landlady's niece saw me leave, and went downstairs with me, and she could clear me if she was here. I could not put the blankets in my little bag. I should have gone back again, but the house was so noisy I thought it was not a fit place for me; there were many lodgers in the house. I left some dirty linen of my own in the room. GUILTY of stealing the slippers.— Confined Three Months . 12. MARY ANN DAVIS (30) , Robbery with violence on Robert Nisbit , and stealing 1 l . 10 s ., his money. ROBERT NISBIT . I am a traveller, and live at No. 19, Nicol Square—on 20th October, about half-past twelve in the morning, I was going along St. John Street—at the corner of Compton Street I passed a woman and a man—the prisoner is the woman, I am positive—there was a bright light from the public-house, so that you could see to pick up pins in the street—I did not speak to them nor they to me—as soon as I had passed about a yard and a half my hat was knocked off, and I received a blow on the side of the head, I believe from the man, but I did not see—I could not see a soul in the street besides those two—the blow was a very severe one—I was knocked down, and I remember nothing afterwards till I recovered my senses in the Royal Free Hospital—I had 30 s . or 32 s . in my pockets that night, when I got to the hospital it was gone, except a few coppers. HENRY FIELD ( Policeman G 251). About a quarter to two on the morning of the 20th October I was in St. John Street—I saw the prisoner there in company with a man—the prisoner was kneeling down by the prosecutor's side, and the man was standing up at the prisoner's feet—when I got within about fifteen yards of them she got up and ran away, I ran after her, caught her, and brought her back—I did not lose sight of her—the prosecutor was taken to the hospital by another constable—he was insensible—he had been drinking. ROBERT NISBIT Cross-examined . I had had a few glasses of brandy and water, but I knew what I was about—I considered myself perfectly sober and capable of doing any business and walking straight. GUILTY .**— Confined Eighteen Months . 13. GEORGE JONES (21) was indicted for embezzlement. MR. POLAND conducted the Prosecution, and MR. LILLEY the Defence . HARRIET COOK . I live at No. 3, Pitman Street, York Road, City Road—on the 2nd October some goods were delivered at my house by the prisoner, from Messrs. Phillips and Co., they came to 1 l . 1 s . 1 d .—I paid him and saw him sign this receipt ( produced ). MARIA CROOKS . I am servant to Mr. Galliford, of No. 16, Salisbury Street, Strand—on the 16th October the prisoner delivered some goods—I paid him 12 s . 9 d . and saw him sign this receipt ( produced ). EMMA BANKS . I live at No. 2, Wenlock Street, City Road—I deal with Phillips and Co.—on the 27th October the prisoner delivered some goods to me—I paid him 3 s . 9 d . and he signed this receipt ( produced ). — BURGE . I am foreman to Martha Phillips and another—the prisoner was in their service as porter—it was his duty to deliver goods and receive money, and pay it to me the following day—he did not account to me for these three sums—I called the names over to him the morning after the delivery of the goods, and he said on one occasion that Mrs. Galliford was out, and on another that he had lost the bill—I asked if they had paid, and he said no—when he was given into custody he said he had made use of some of the moneys and had lost the other. Cross-examined. Q. Did he say what he had lost? A. Yes, the 1 l . 1 s . 8 d . and the 12 s . 9 d . and the other he had made use of because he had no money, and he intended to have the amount deducted from his wages—he had been about six weeks in the service, before that he had been employed at another house for the same firm. HENRY LAXTON . I am in the prosecutor's service—when the prisoner was given into custody I called his attention to these receipts and asked if they were in his handwriting—he said, "Yes"—I said, "What have you done with the moneys? have you paid them in?"—he said, "No"—I said, "What have you done with them?"—he said, "Lost them"—I asked him about the 3 s . 2 d ., he said he had used the money in that case, that he was very sorry he had done so, and he deserved to go to prison, but he begged and prayed that I would not send him, and he was for about twenty minutes clinging to me in a very excited state, asking me not to send him to prison—a constable was there and he was given into custody. Cross-examined. Q. . Before the constable came did he not tell you he had lost the money? A. He did—he did not ask me to deduct the amount from his wages—he said it was his intention to have got the money from his father—the prisoner was about eight years in the prosecutor's employ before this, he was then away twelve months, and I then re engaged him. WILLIAM SMART ( City Policeman ). The prisoner was given into my custody on the 1st November—he said he had received the 1 l . 1 s . 8 d ., and the 12 s . 9 d ., and that money he had lost, he also said he had received several other sums and had applied it to his own use. GUILTY. Strongly recommended to mercy by the Prosecutor. — Confined Six Months . 14. MICHAEL MACK (22) , Robbery with violence, with two others, on William Carr , and stealing 2 s . 6 d ., his money. MR. GRIFFITHS conducted the Prosecution WILLIAM CARR . I am a groom, and live at No. 90, Fetter Lane—on the 28th October, about half-past one in the morning, I was in Gray's Inn Lane, going home from Kentish Town—as I passed by Fox Court the prisoner and two other men were on the pavement—I was in the act of passing them when the prisoner struck me a violent blow in my chest, which knocked me down; it did not knock me exactly on the ground, but against a public-house—before I could fall another man caught me round the neck—the prisoner put his left hand round my neck, and one of the others put his hand over my mouth—the prisoner then put his hand in my right trousers pocket and took out what money there was, a half-crown and three halfpence—they ransacked my pockets and took what was in them—I said, "You are welcome to what there is there, there is only a few halfpence," but there was a half-crown—the prisoner said, "Oh, he has only got a few halfpence; you may as well put that back and let him go, he has got nothing," and he put back the three halfpence—they then let me go—I was determined not to lose sight of them, and I went on the opposite side, close to Gray's Inn, under the dead wall—I saw a female come up, and I saw the prisoner strike her and partly knock her down—I went into Holborn to look for a constable, and I spoke to one of the city men—he said he was not in duty bound to go with me—I went into Middle Row and saw another constable, and he said the city constable was bound to go with me, and as I was coming back to the city constable I saw another constable in Gray's Inn Road talking to another man who had been ill-used—ultimately G 249 went with me—I saw the prisoner on the opposite side of the road eating some oysters, and I crossed over and gave him into custody—I am sure he is the man that struck me, I could swear to him out of a thousand. WILLIAM CHAPLIN ( Policeman G 249). I was in Gray's Inn Lane on the morning of the 28th October—the last witness came to me about sixty yards from Fox Court—he pointed out the prisoner to me and I took him into custody—I did not search him at the time—I charged him with assaulting William Carr and Richard Stanley, and robbing them—he said he was not guilty of the charge, that he had not been in the place for two hours—I took him to the station and searched him—I found on him a half-crown, a three penny piece, three penny pieces and a halfpenny—he gave his address No. 17, Union Terrace—he said he had received the money from his master—he was the worse for liquor, but quite sensible—the prosecutor was quite sober. Prisoner's Defence . I was never in prison in my life, and never charged with anything. I am a hard working man. I have worked at the Guild-hall for Mr. Lucas. I don't remember anything about this. I was very drunk. GUILTY . 15. MICHAEL MACK was again indicted for a robbery with vio lence, with two others, on Richard Stanley , and stealing a purse, a du plicate, and 18 s . 16 d ., his property. MR. GRIFFITHS conducted the Prosecution . RICHARD STANLEY . I am a smith, and live at 17, Glasgow Terrace, Pimlico—about one o'clock on the morning of 28th October I was passing very close to Fox Court, Gray's Inn Lane—three men came up in front of me and stopped me by giving me blows—the prisoner is one of them; he struck me on the side of the nose, which is a broken nose now, and the one on the left side struck me in the upper lip, which knocked me down on the pavement and cut me on the back of my head—two of the men fell with me, and as they fell their hands were in my pockets directly—the third one laid on my feet, and as I tried to call "Police!" the one that laid on me bumped his head into my chest, so that every time I tried to hallo it stopped my breath and took my breath away—I have got the wounds now caused by the prisoner's fearful kicking in my trying to resist his hands from my pocket—he kicked me across the loins and across the back—I have twelve yards of bandage about me now—I had 18 s . in a purse, and the ticket of my watch, which was in pawn in Bishopsgate Street—I had been out of work eight weeks—after they had taken my money, when I was just calling "Police!" the prisoner called out "Finish," or some such word, and I received two kicks at the back of my head, which took all my senses away till I found myself in the hospital—I was there for a fortnight—I am not able to work now—I have not been free from head ache since. Prisoner . The man was quite as drunk as I was. Witness . I had had nothing but a pint of beer where I had been to get a glass eye from a sub scription that had been given me—I had lost my eye through a misfortune in my work, and my mates had subscribed to get me a glass one. ALICE POINTER . I am the wife of Alfred Pointer, of 12, Bell Court, Gray's Inn Lane—on the morning of 28th October, after one o'clock, I was coming along Gray's Inn Lane, by Fox Court—I saw the. prisoner there and a short fellow with, him—the prisoner struck me in the sto mach with his head—I went to get a policeman, but could not find one until I got home—I am sure the prisoner is the man. WILLIAM CHAPLIN ( Policeman G 249). I took the prisoner into cus tody on this night from information I received—I met the prosecutor in Gray's Inn Lane about half-past one, when he made a complaint to me—he pointed out the prisoner—he was rather the worse for liquor, or appeared so from being ill-treated by the prisoner—he knew what he was about—he pointed out the prisoner, and gave evidence at the station of what he had taken from him. GUILTY .†— Seven Years' Penal Servitude, and twenty lashes with the cat 16. JOSEPH DINES (34) , Burglary in the dwellinghouse of Robert Hart , with intent to steal. ROBERT HART . I am a fish salesman of 28, Underwood Street, City Road—on Saturday night, 3rd November, I went to bed about half-past eleven—I examined the doors and windows, and they were all perfectly secure—I was awoke a little before five in the morning by a noise like the forcing of the passage door leading from the washhouse—shortly after wards I heard a crash of glass—I then went downstairs—I found the back parlour window up, and the washhouse window was broken away just by the catch—a person could then undo it and open the window—I then went and called a policeman—there was nothing taken that I am aware of. JAMES WHITING ( Policeman N 38). On the morning of 4th November the prosecutor made a complaint to me; I went and examined the house—access had been gained by passing over two walls from seven to eight feet high—the washhouse window and the back parlour window was broken—I examined the back yard—I saw no one there, but in the adjoining yard I saw the prisoner making his escape over the wall—I made a rush at him and caught him by his left arm—he struggled very hard, and the sleeve of his coat came off—I called for assistance and got him into the street—he asked who charged him—I told him I did—with great diffi culty we conveyed him to the station—a low wall, about four feet high, separated the yard where I found him from the prosecutor's—by en tering the washhouse window he would get to the passage door—that was bolted, and he could not get further, and he then went back and got in the other way. Prisoner . I was in liquor. Witness . He pretended to be after I had taken him into custody, but it was only pretence, he could walk very well. Prisoner's Defence . I am known to the police, and in conseqnence of that I have not been able to go about the streets. I know nothing about this case. On Saturday night, after coming from work, I met a friend and got drinking, and on Sunday morning I found myself in the station-house. GUILTY . He PLEADED GUILTY to a previous conviction in May , 1861, when he was sentenced to Seven Years' Penal Servitude.— Ten Years' Penal Ser vitude . 17. HENRY KING (21) , Unlawfully uttering counterfeit coin. MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution . THOMAS DAVIDSON . I am sixteen years old, and live at No. 9, Canter bury Terrace, Maida Hill—I was at the corner of Church Street and George Place last Monday, about ten o'clock at night, and met the prisoner, who I did not know before—he asked me whether I would earn a penny by fetching a quarten of gin—I said, "Yes"—he told me to go across to the Nightingale, and gave me a florin—I had no other florin in my pocket, only 1 s .—I went to the Nightingale, asked for the gin, and put down the florin—the barmaid served the gin out, and then said the florin was bad—she handed it to another lady behind the bar—the landlord spoke to me—he then went out at one door and I at the other—I crossed the road to where I had left the prisoner, but he was not there—I walked across the road, whistled two or three times, and he came up—I put my hand in my pocket and said, "The gin," but I had not got the bottle—he stooped down to take it from me and the landlord took hold of him. ELLEN RANSOM . I am bar maid at the Nightingale, which is kept by Mr. Drake—on the 9th November Davidson came in for a quarten of gin in a bottle, which I was to supply—it came to 7 d .—I stood it on the counter, and he put down a florin, which I found was bad—I took the gin back—my mistress looked at the florin and gave it back to me—I gave it to the constable—the landlord went out at one door and the boy at the other. JOHN GRAY . I keep the Nightingale public-house—on the 12th November I followed Davidson across the road to the corner of Church Street—he whistled once and the prisoner came up—the boy made an attempt as if to take a bottle out of his pocket till I came to him—I took him to my house and gave him in charge. WILLIAM COOPER ( Policeman 138 D ). I took the prisoner at the Nightingale, public-house, and told him the charge—he said, "I know nothing about it, the boy has made a mistake, I had no money in my pocket"—I asked the boy twice if he was positive the prisoner was the man, he said, "Yes"—the barmaid gave me this florin ( produced )—I found nothing on him. WILLIAM WEBSTER . I am inspector of coin to her Majesty's Mint—this is a bad florin. Prisoner's Defence . I sold the ticket of a ring and received the florin as. a good one. I wanted a drop of gin to take into the Marylebone Theatre, and as there was a man there who I had quarrelled with, I sent the boy in. While he was gone a lady asked me the way to the Marylebone Road, and while I was pointing it out the boy whistled. I went to him, and the landlord took me. GUILTY .— Confined Six Months . 18. WILLIAM SLANE (52) was indicted for a like offence. MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution . JAMES TUCK . I live at No. 1, Rodney Street North, Islington—on the 3rd August I kept a beerhouse—the prisoner came in that day for half a pint of beer—he put down a bad shilling—I laid it on the counter, and he took another out which was also bad—he said that he thought he had one bad one, but did not know he had two—I gave him in charge—he was taken to Clerkenwell Police-court, remanded, and discharged. WILLIAM WILLIAMS ( Policeman 85 Y ). On the 3rd August I took the prisoner and received these two shillings from Tuck—I found 5 d . on the prisoner—he was remanded and discharged. ROSA BASEDEN . I live with my brother, who keeps the Royal Standard, Shepherd's Bush—about two months ago in the evening the prisoner came for a glass of ale, and gave me 1 s .—I bent it, told him it was bad, and gave it back to him—he said that he was not aware of it, and went out without drinking the ale—he came again about a month afterwards for threepenny worth of brandy and water, and gave me a half-crown—I bent it, gave it back to him, and told him it was bad—he said that be was not aware of it, and paid me with coppers—I told him if he came again we should lock him up—he left, taking the half-crown with him—about two months afterwards, in October, he came again for a glass of ale, paid one of the barman with a bad florin, and was locked up. Prisoner . You did not see the half-crown; your sister took it. Witness . She gave it to me and I bent it—you frequent the house. JOHN SMITH . On the 20th October I was barman at the Royal Standard—the prisoner came in between four and five o'clock that after-noon for a glass of sixpenny ale—he put down a florin—I bent it and told him it was bad—my master asked him if he had any money to pay for the ale—he said no, and my master sent for a policeman, to whom I gave the florin. ALFRED RANKIN ( Policeman 338 N ). The prisoner was given in my custody with this florin—I searched him at the station and found four shillings, two sixpences, and 3 d . in coppers—I told him the charge—he said that he did not know the florin was bad. WILLIAM WEBSTER . These two shillings are bad, and from the same mould—the florin is also bad. Prisoner's Defence . I was not aware they were bad, I had been in my situation two years, and was taking money every day. GUILTY .— Confined Nine Months . 19. JOHN BARRETT (44) , CORNELIUS BARRETT (34) , and ELIZABETH BARRETT (26) , Unlawfully having in their possession a certain mould for making counterfeit coin, to which CORNELIUS BAR RETT PLEADED GUILTY .— Ten Years' Penal Servitude . MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution, and MR. DALY Defended John Barrett . JAMES BRANNAN . I live at No. 39, Radnor Street, St. Luke's, and am principally employed by the authorities of the Mint in carrying out their inquiries—I am also agent to the Inspector of Reformatories—on the 2nd of November I went with Fife and other officers to No. 5, George Street, Spitalfields, between two and three o'clock in the afternoon—on entering the street an alarm was given, and John Barrett's head, which was out of the window, disappeared—we proceeded with all speed to the second floor front room, which was found open by Inspector Fife—at the time we entered Cornelius Barrett was standing close to John at the table, and he swept off the table with his hand a quantity of crowns, some of which dropped on the floor, and some he threw out at the open window—he was seized and secured—he resisted very violently—John Barrett sat down on a chair by the window, and I then saw Elizabeth Barrett take from a table a black bag—it is a very small room—she took up a packet from the table wrapped up in a rag, and threw it out of the window—I had stationed Inspector Broad at the door outside in the street—I seized the female prisoner's hand, having seen her take a crown off the mantel-piece, and endeavoured to get it—she said, "May God strike me b—dead if it is not a good one, Mr. Brannan"—I said, "I quite imagine it is, and the pattern piece from which the mould is taken"—I got it from her hand with some difficulty, and soon afterwards Inspector Broad brought in a parcel with nine crowns in it, which she threw out, and two half-crowns which Cornelius threw out—I found that some of them corresponded in date and marks with the one I took from Elizabeth—she resisted very violently—I saw the officers pick up off the floor a quantity of coin which was strewed about—there was a clear bright fire in the fireplace, and I found this ladle ( produced ) with a small portion of white metal in it, hot, but not melted—Inspector Broad found a file with white metal hang ing to the teeth of it, as if it had been recently used—I recovered this packet, containing the fragments of a plaster of Paris mould for casting crowns, and which Broad said that he saw thrown out at the window—the prisoners heard that, but made no answer. Cross-examined. Q. Are you sure you said at the police-court that an alarm was given? A. Yes, but it was not taken down—a man at the corner of the street gave the alarm, and we immediately rushed upstairs—we do not apply to be let in, unless it is by a sledge hammer—the room door was fastened, but not the street door—the prisoner John has been occasionally working at the Docks—I do not think he has ever been convicted—this was Cornelius's place—they are brothers—the female prisoner cohabits with Cornelius. MR. COLERIDGE . Q. Was the room door locked? A. I do not know, we did not wait to try—Fife broke it open with a sledge hammer—I was present when the prisoners were committed, and heard Cornelius say that John was not guilty—he said, "This man is innocent"—Elizabeth was exceedingly violent. JOHN FIFE ( Police Inspector G ). I went with Brannan and broke the panel of the door in—I saw Cornelius seize a quantity of coin, and throw it out at the window—Elizabeth was standing by the fireplace—she seized a bag and threw it out at the window—I found on the table seven counter-feit half-crowns. JAMES BRANNAN ( Police Inspector F ). I went with the other officers—I found two bad crowns at Cornelius's feet, and this plaster of Paris, and a bottle of acid under the table—this knife was on the table, with plaster of Paris on it—Cornelius said, "You have, got me and the old woman to rights; my brother merely came up for a bit of grub , as he had been out of work six weeks; he is innocent." WILLIAM BROAD ( Police Inspector H ). I went with the party and remained in the street—I saw Brannan and Fife go upstairs, and shortly afterwards I saw several pieces of coin thrown out at the window—I picked them up, and also a black parcel containing a mould and a file. ARTHUR ELLIOTT ( Police Sergeant 13 G ). I am employed by Mr. Brannan in watching suspected places, and had been watching this house in Spitalfields about a week—I know the room in which Cornelius Barrett lived—I have seen John go in and out there half a dozen times, and have seen him at the window—I had seen them together two days before—I saw John go in, and saw him at the window as well. Cross-examined. Q. You were not of sufficient importance to be examined before the Magistrate? A. No; I was there—it was for the solicitor to the Treasury to call me—I had not told him what I now say—I was ordered by Mr. Brannan to be there—I had told him that I had seen John going in and out with Cornelius—Mr. Brannan told me to be here to-day, and he spoke to me since—he was cross-examined, and asked me if I could remember the days, and I said "Yes. MR. COLERIDGE . Q. Does Mr. Brannan arrange about the witnesses going up? A. Yes—he told me to be in attendance at the police-court, and also here—I have been employed by him for many years in cases of this description, and knew that it was my duty to be in attendance. WILLIAM WEBSTER . These fragments are parts of a mould for making crowns, here is part of the get —this piece has the same marks on it as the good crown, proving that this coin was used for making the mould—these eleven crowns are bad, and all were made in this mould—this metal is the same that the coins are made of—the plaster of Paris is used for making moulds—the acid is for charging the battery, and the file to file off the get , which is the aperture in the mould through which the metal is poured. John Barrett . This woman is my wife; she is innocent. JOHN BARRETT — NOT GUILTY . ELIZABETH BARRETT — GUILTY .— Ten Years' Penal Servitude . 20. SAMUEL BENNETT (22) ( a soldier ) PLEADED GUILTY to un lawfully uttering counterfeit coin. — Confined Six Months . And, 21. WILLIAM ALFRED RUSHBROOK ** (22) to unlawfully endeavouring to obtain from William Charity divers moneys by false pretences. — Confined Two Months . [Pleaded guilty:See original trial image.] 22. EDWARD MURPHY (21) , Breaking and entering the dwelling-house of William Answorth , and stealing there from one clock, his property. MR. GOUGH conducted the Prosecution, and MR. LEWIS the Defence . ANN SKEGG . I am a servant, and live at No. 56, Burlington Road, Paddington—on Sunday evening, 21st October, about a quarter-past seven o'clock, I saw the prisoner and another man walking up and down on each side of the way opposite Mr. Answorth's house—at about half-past seven o'clock I saw the prisoner come off Mr. Answorth's steps with something shining in his hand, like a basket—(he had nothing when I first saw him)—the other man crossed the road to him, they walked to the side of a lamp-post, covered the basket over, and then walked up to me—I men tioned what I had seen to two policemen. Cross-examined. Q. Where were you? A. I was standing at the top of the area steps, locking the gate—when he came off the steps he turned to the right, but he crossed the road right before my face, as near to me as you are—I had never seen him before—I next saw him at Marylebone Police-station the next day—I went there with a policeman on Sunday afternoon, saw the prisoner with nine or more others, and pointed him out—I have not seen the other man. MR. GOUGH . Q. When you first saw him near the prosecutor's house was there a lamp near? A. Yes, and he crossed opposite me, I saw his face and dress plainly, and am quite certain he is the man. EMMA ANSWORTH . I am the prosecutor's wife, and live at No. 41, Burlington Road—on the night of 24th October I had an ornamental clock with a glass shade over it in the dining-room, which is downstairs—the dining-room door is six or seven feet from the front door—I saw the clock safe at a quarter to seven o'clock, and missed it at twenty minutes past—our house is opposite No. 56. FREDERICK HALL ( Policeman 233 X ). I received information from the first witness—I examined the prosecutor's dining-room window and the railings that go up the steps—there were footmarks on the railings and on the window-sill, and a garden pot had been removed from the side to the centre of the window. NOT GUILTY . 23. EDWARD MURPHY was again indicted, with WILLIAM BERRY (40) , for a robbery on Isaac Taylor , and stealing from his person one chain, his property. MR. GOUGH conducted the Prosecution, and MR. LEWIS defended Murphy . ISAAC TAYLOR . I am a carpenter, of No. 55, Queen Street, Edgware Road—on Saturday evening, 27th October, about a quarter to nine o'clock I was at the White Lion public-house, and saw Berry there, who I had seen about four years ago, but not since, as he robbed me then—I was quite sober—I did not speak to him, but he caught hold of my arm and chucked me round—I asked him what he did that for; he made no answer, but struck me on my breast, and struck my watch-guard up, saying, "You are not everybody, if you have got a guard on"—he struck me two or three times—I buttoned my coat up, and turned to go outside to get away from him, but he rushed at me, unbuttoned my coat, and struck me a violent blow on my eye—we struggled together and both fell on the floor inside, and I felt a tug at my watch, and then missed it—I immediately got up, and said, "He has stolen my watch"—he got up immediately, and I found my chain was gone, but my watch was still in my pocket—I said, "You have stolen my watch," and then I saw him pass something to Murphy, who I then saw for the first time—I said, "Stick to the door, and let no one go out till we get the police in"—Murphy rushed at me and struck me three times to get to the door, but I kept him in—he made a rush at another door and got out there—Berry stood in a fighting attitude till Murphy was gone—the police came in and I gave him in charge—my chain was worth about 8 l .—I have not seen it since. Cross-examined. Q. How many persons were in the house? A. There might be twenty, and most of them were prostitutes—I know that, because they are always walking about the streets—I did not speak to any of them—the landlord was there, not the potman—Berry did not say that he would go, he did not speak, he only struck me. Berry. Q. Did you not come in and have something to drink with us? A. I have had nothing to drink for twelve months—I did not get into con versation with you. WILLIAM LITTLEJOHN ( Policeman 186 X ). I took Berry at the White Lion, and asked him what he had got to say about stealing the chain—he said, "I did not mean to steal it I did it for a lark"—I said, "Where is the chain now?"—he said, "I threw it over the bar"—I could not find it there. Berry. Q. Was I not standing in the bar when you came in? A. Yes. WILLIAM COLLIER . I am a carpenter, of No. 58, Camden Street, Notting Hill—I was standing in the White Lion, and saw both the prisoners strike the prosecutor—Murphy's hat was off on the ground—Berry said, "Run to the door"—they could not get out, and he said to me, "You b—, let me go"—I had not the presence of mind to stop him, but let him pass, and ran after him—he ran up the Edgware Road, and afterwards came back. Cross-examined. Q. Did you run? A. Yes, and had him in sight a good part of the way, but he was out of my sight three or four minutes—he was about twenty yards before me as he ran. MR. GOUGH . Q. Are you sure Berry is the man who ran. A. Yes. Berry's Defence . I quarrelled with Taylor in the public-house about his bad work, and he caught me by the neck and knocked me against the door, when thirty or forty people came between us and stopped the fight. I never touched his watch-guard. I did not say that I threw the watch and chain over the bar. If so, how could he have his watch? I never saw Murphy in my life, and did not know he was in the house. Taylor and the bricklayer were the worse for drink. I did not say that I did it for a lark. I defy any person to say that I ever committed felony, or was at any police-court in the kingdom. Taylor says that I robbed him four years ago. If so, why was I not brought before a Magistrate the same as now? I am a working man, and no thief. MURPHY — GUILTY. He was further charged with having been before convicted of felony, in July , 1861, to which he PLEADED GUILTY .**— Ten Years' Penal Servitude . BERRY — GUILTY .— Confined Twelve Months . 24. WILLIAM ALBERT (20) , Stealing one purse, one pair of earrings, and two duplicates from the person of a woman unknown. MR. LEWIS conducted the Prosecution, and MR. GOUGH the Defence . SAMUEL OBEE (City Policeman 99). I was at the top corner of Cheap-side on Lord Mayor's day about a quarter past three o'clock, and saw a lady in front of a gentleman—the prisoner pulled the lady's dress out a little way—the gentleman pulled him away, and at the same time the prisoner put something into his right-hand pocket—he made a rush and got away—I was shoved on one side, but followed him to King Street, where I laid hold of him and told him I wanted him for robbing a lady—he twisted and tried to get away—Whitney, who was with me, put his hand in the pri soner's trousers pocket and took out this purse ( produced )—I took him to the station, and found on him a tobacco pouch and this Albert chain, which he was wearing without a watch—he refused his address. Cross-examined. Q. Were the streets very much crowded, and a great many rough characters about, and a great many practical jokes being played? A. Yes, and hats were being thrown in the air—there were lots of people near the prisoner, but I was close to the prisoner—the gentleman pulled him from the lady—I was then pushed by the crowd, and he got away, and immediately he got away he put his hand in his trousers pocket. MR. LEWIS . Q. Are you certain he is the man who put his hand to his side? A. Yes—I have known him twelve months or more. GEORGE WHITNEY ( City Policeman 98). I was with Obee—I have heard his evidence, it is correct, but I did not see the gentleman pull the prisoner—I saw the prisoner go down Cheapside, and I had him in sight the whole time—I took from his right hand trousers pocket this purse, con taining a pair of common earrings and two duplicates. NOT GUILTY . 25. JAMES MCCLELLAND (29) PLEADED GUILTY to embezzling the sums of 4 l . 12 s ., 12 s . 6 d ., and 2 l . 9 s . 3 d . of Lewis Cohen and another, his masters. 26. JAMES MCCLELLAND was again indicted for feloniously forging and uttering an order for 10 l . 11 s ., with intent to defraud. MR. HOUSTON conducted the Prosecution, and MR. DALY the Defence . CHARLES ISAAC SWIFT . I am a wholesale boot and shoe manufacturer, of 99, High Street, Camden Town—I have dealt with Mr. Cohen, and in October I owed him 10 l . 11 s .—the prisoner called on me for the amount and I gave him this cheque ( read :—"National Bank, Pay Mr. Cohen or order 10 l . 11 s ., Charles I. Swift," endorsed "L. Cohen")—it was not crossed—I had given the prisoner cheques previously. Cross-examined. Q. Have you any of them here? A. No, I was not asked at the police-court whether the endorsement was the same. ALBERT RICHARDS . I am clerk in the National Bank, Camden Town—Mr. Swift keeps an account there—this cheque was produced on the 11th October with this endorsement on it—I paid it in cash, but I do not re member to whom, or whether I made any inquiry of the person. Cross-examined. Q. Have you paid other cheques of Mr. Swift's? A. Yes, I cannot recollect the endorsements on them. LEWIS COHEN . I am a bootmaker, of 1, Nelson Street, Stepney—Mr. Swift is a customer of mine and owed me 10 l . 11 s . on 11th October, which I have not received—the prisoner was in my employ—this "Lewis Cohen" at the back of the cheque is his writing and not mine—I have never authorised him to sign my name or to endorse it to a cheque—he has not paid me any money on account of this cheque—I first saw it on 14th October, I think in Mr. Swift's hand—he sent for my banker, and he fetched it and gave it me. Cross-examined. Q. Where do you carry on business? A. I, Nelson Street—I have been there over twelve months, and was in King Edward Street, Mile End New Town, for five years—I keep no books—it is not an extensive business, only about 600 l . or 700 l . a year—my mistress has brought a book which she keeps—I can only write my name and the word "paid." ( The witness here wrote his name and the word "paid," at Mr. Daly's request .) I know the prisoner's writing very well—this is his regular writing—he had not to collect money for me—his duty was to sell goods and deliver the money to me at night—he was sometimes paid on cheques—he would very often pay my mistress—if she had gone to bed he would not pay her, because I was up at most times—I always asked her if he had paid, but sometimes he received no payment—he would come sometimes at ten and sometimes at eleven at night—I have been at the theatre two or three times since he has been with me, but I always went home when the first piece was over, at half-past nine, and waited for him—I paid my money to go into the theatre, and then went home to wait for my traveller—I used to require the money very often that he collected to pay my workpeople—it never occurred that I had not money enough to pay them until be came home—I pay 40 l . or 50 l . a week, and keep that amount in my house—I never told him not to take crossed cheques—he sometimes brought them—I have no banker—I paid them to a leather-cutter, who changed them for me—I told the prisoner to accept all cheques given to him—he used not to sign receipts in my name—he never signed my name except when he took money from customers, and I do not know that he signed my name then; so long as he always brought me the money, I was always satisfied—I did not go to persons to inquire—he did not tell me that he could not bring me the money that night because the cheques were made payable to order—I never said, "So long as you bring me the money, I do not care what you sign," or anything like it—he did not tell me that he had signed an endorsement on a cheque, and I never knew that he had done so—I never knew that he had obtained money by signing my name, nor did I take the money afterwards—when he took this cheque he ran away—I then went round to the customers, and found he had taken a cheque from Mr. Swift and allowed five per cent, discount, which was more than I allow. MR. HOUSTON . Q. When he received money did he sign your name? A. He signed his name first and then he signed "Paid," but I cannot read. PRISCILLA COHEN . I am the wife of the last witness and keep his books—the endorsement to this cheque is not his writing, but the pri soner's—that amount has never been paid to me by him or accounted for in any way—I have never seen him write my husband's name by his authority. Cross-examined. Q. Is it in his ordinary writing? A. Yes—I have got a book with me which I keep Mr. Swift's account in—this is it ( produced )—I have received nothing on that account on 11th October—I keep no cash-book, only this book—I make the entry here at the time the goods go out—the account is 11 l . 2 s .—I write "Settled," when he brings the money; he pays Mr. Cohen sometimes, but I am there always to write it down—if we were out, he used to stand at the door or go inside and wait till we came in, but it was not often that we were out—he did not sleep in the house—we only went to the theatre two or three times in a year—we got home sometimes at eleven, and sometimes earlier—the first piece is over at nine or ten—we did not always leave when the first piece was over, but sometimes we left and went back again—the theatre is about five minutes' walk from our house—it is the Effingham—I only found the prisoner waiting in the street twice—he was paid by commission, two and a half per cent. I think—I gave money to Mr. Cohen—I sometimes paid the prisoner his commission—he did not deduct it out of the money he paid—it would be reckoned up a couple of hours before he came home—I used to put down what he brought home in this book, but I did not always put down the dates of the month—I know Mr. Swift's bill is not paid, because I have not got "Settled" here—Mr. Cohen used not some-times to send his father-in-law with the prisoner—when we came home from the theatre Mr. Cohen would fetch the book and pen and ink into the kitchen—the books were locked up, but the key was in the warehouse—we took it with us if we went out. MR. HOUSTON . Q. If you were not at home, would the prisoner wait? A. yes; his salary was 1 l . a week and two and a half per cent, commis sion, with the use of a horse and cart. MOSES WILSON ( Policeman 665 A. ). I took the prisoner on 16th October—he was first charged with embezzlement—he was twice remanded, and afterwards this charge was preferred—he said it was done through drink. GUILTY — Confined Twelve Months . 27. JOHN THOMAS (17) , Robbery, with a man unknown, on Michael Shehan , and stealing from his person one purse and 1 l . in money, his property. MR. LILLEY . conducted the Prosecution . MICHAEL SHEHAN . I am a seaman—on 7th November I was lodging at the Sailors' Home, Whitechapel, and about ten o'clock in the evening I was in the highway—I had had very little to drink, and was as sober as I am now—the prisoner came behind, put his arm over my shoulder and his hand on my mouth; another person then came up very quickly, and they got me down between them, and one of them took my money from my pockets very quickly and ran away—I ran after them, kept close to them, and kept the prisoner in sight till he was stopped by a policeman, and I charged him—they did not strike me—I lost from 18 s . to 1 l ., which I had felt safe a quarter of an hour before. JAMES BRAYBROOK ( Policeman 92 H ). I was on duty in St. George's Street East about 150 yards off, and saw a number of persons running towards me, but they turned up Prince's Street—I ran towards them, turned up Prince's Court, met the prisoner running as hard as he could, and stopped him—all the others were following him, crying out, "Stop thief"—Wigley came up first, and said something, and then Shehan came up and said, in the prisoner's presence, "That is the man that robbed me"—Shehan was very much exhausted—Wigley said that he was one of the two who were running, but he did not see him rob the man—going to the station Wigley said in the prisoner's hearing, "I believe that man ( the prisoner ) has given something to that girl"—that was a girl named Hunt, who was taken in custody—I took them both to the station, but nothing was found on either of them. Prisoner's Defence . I heard a cry of "Stop thief," and ran towards the head of the crowd. I turned down the court, and ran into the policeman's arms. GUILTY .— Confined Twelve Months . 28. GEORGE COOK (21) , Stealing on 13th May three umbrellas, on 25th July four umbrellas, and on 21st July four umbrellas, of Morris Desaxe , his master. MR. LEWIS conducted the Prosecution . ROBERT ELLIS . I am assistant to Mr. Harrison, a pawnbroker, of Aldersgate Street—I produce four umbrellas pawned on 31st July for 18 s . I do not know by whom. HENRY CARPENTER . I am assistant to Mr. Smith, a pawnbroker, of Newgate Street—I produce three umbrellas, pawned on 30th May for 15 s ., and four on 25th July, for 15 s .—I do not identify the person. GEORGE ALFRED FLEET . I am porter to Mr. Desaxe, an umbrella maker, of Addle Street—it was my duty to act under the prisoner's direc tions—I have taken umbrellas, by his directions, in wrappers with his name on them, to the Lancashire Coffee-house, London Wall, twice, if not more; and four or five times, or more, to the Crown, Lower Whitecross Street—there appeared to be three or four in each package. Prisoner. Q. Have you ever seen me bring parcels in? A. No, I have seen you walk in with an umbrella in your hand on a wet morning—the instructions you gave me were to say, "Can I leave this here in charge for Mr. Cook?" LOUIS STEINGRABER . I keep the Crown coffee-house—the prisoner was in the habit of coming there for refreshment—parcels and umbrellas were left there for him, very likely a dozen times, which he took away. Prisoner. Q. Will you swear that all the parcels contained umbrellas? A. I cannot, but they were nearly all alike; none of them contained a pair of boots. MORRIS DESAXE . I am an umbrella manufacturer, of Addle Street—the prisoner has been in my service ten months previous to 14th September—these umbrellas are mine, and were removed from my stock without my authority—I took stock on 20th October and found a considerable defi ciency. Prisoner. Q. Had you any suspicion of my robbing you during the time I was in your employment? A. Not the slightest. COURT . Q. Was he entitled to give instructions to the boy? A. Not to leave umbrellas at coffee-houses, but the boy was right in acting under him. JOSEPH WILLIAM THORPE ( City Policeman 199). On 3rd November I took the prisoner and charged him with stealing a quantity of umbrellas—he was taken to Moor Lane station and charged with stealing ten dozen umbrellas—he said, "Not so many as that"—I conveyed him to the cell, and as I was about closing the door he said, "I may as well make a clean breast of it; the most I ever took was about two dozen"—I asked him what he had done with them—he told me he had pledged two or three lots at Mrs. Harrison's, in Aldersgate Street, and three or four lots in Newgate Street—I searched him and found 14 s . 2 1/2; d . on him and some betting cards. Prisoner's Defence . I admit giving instructions that the umbrellas should go out, but it was with a very different motive to that imputed to me. The parcels contained four or five each, and he is correct in saying six parcels. I took about twenty umbrellas altogether. I totally deny steal ing them or pawning them, but one or two friends asked me to get them umbrellas a little cheaper than they could get them at the retail place. I said, "Yes," and took out two or three for them to choose from. In doing so I have acted wrongly, but I paid the money I received for them to the managing clerk. If I charged them anything I took it for myself, as my salary was not enough to keep me. I have been guilty of a very silly action, but nothing for which he ought to have branded me with the name of felon. He does the second largest business in London, and it is only fea sible that a few of his umbrellas should get into pawnshops by other means than mine, and neither of the pawnbrokers swear to me, whereas if I had taken as many as he says I should have been pretty well known. I had six years' good character when I went to him from Messrs. Ellis, Howell, and Co. GUILTY .— Confined Twelve Months . 29. WILLIAM YOUNG (60) PLEADED GUILTY to stealing two dozen knives, 388 spoons, and other articles, the property of James Brooks ; also to stealing four gross of rings and other articles of Edward Worthington. He received a good character.— Confined Six Months . 30. EDWARD STRANGE (21) , to feloniously forging and uttering an order for the payment of 39 l . 6 s . 7 d ., also an order for 33 l . 4 s . 11 d ., with intent to defraud. He received a good character.— Confined Twelve Months . [Pleaded guilty:See original trial image.] 31. HENRY HAYWOOD ( ), to stealing on 10th October twenty-four boxes of pills and one bottle of syrup, and on 11th October one bottle of essence of Rondeletia, six bottles of pills, six packets of powders, and three boxes of pills, of George Barclay and another, his masters. — Judgment respited . 32. JOSEPH THOMAS HAND (52) , to three indictments for embezzling the sums of 8 l . 15 s ., 29 l . 10 s ., and 504 l . 11 s . 6 d . of Frank Mor rison and another, his masters. — Five Years' Penal Servitude . [Pleaded guilty:See original trial image.] 33. HENRY WILLIS (17) and ALFRED DUKE (15) , to burglariously breaking and entering the dwellinghouse of Henry Bolton , and stealing a gold watch and other articles, his property, Drake having been previously convicted. WILLIS — Confined Nine Months . DRAKE **—. Three Years in Feltham Reformatory [Pleaded guilty:See original trial image.] 34. WILLIAM FITCH **† (28), to stealing a gelding, the property of James Lipscombe, he having been before convicted in 1863.— Seven Years' Penal Servitude . [Pleaded guilty:See original trial image.] 35. WILLIAM CURTAIN ** (15) , to stealing a handkerchief from the person of George Furzer , having been before convicted in July, 1866.— Confined Three Months, and then Five Years in a Reformatory. [Pleaded guilty: See original trial image.] 36. ARTHUR MOORE (20) , to burgla riously breaking and entering the dwellinghouse of Hugh Oxenham , and stealing therein two curtains and other articles, his property. — Confined Nine Months . [Pleaded guilty: See original trial image.] And, 37. EMMA PORTEUS (59) , to three indictments for feloniously forging and uttering orders for the delivery of goods.— Confined Four Months . [Pleaded guilty: See original trial image.] 38. MATTHEW HAYES (24) was indicted for wilful and corrupt perjury. MESSRS. SLEIGH, MONTAGU WILLIAMS , and STARLING conducted the Pro secution; and MR. SERJEANT BALLANTINE , with MESSRS. COOPER, TURNER , and GRIFFITHS , the Defence . CHARLES STANLEY . I am chief usher at the Marylebone Police-court—I was present on 31st August at the hearing of a charge against two persons named Dye and Pearce for burglary—I know the defendant—he is a constable in the S division of police—he gave evidence on that occasion upon the charge against Dye and Pearce—I administered the oath to him. Cross-examined by MR. SERJEANT BALLANTINE . Q. Were you at the trial of Barry, who was acquitted? A. Yes—I have had conversations, several times with the lads Dye and Pearce—I took them to get some re freshment at a public-house in the neighbourhood of this court; we were all in company together, Pearce, Dye, Blackburne, and Potts, and they asked me how I thought the case would get on—I said I could not tell—Pearce said, "If they get off, what can they do to us?"—I said, "I don't know at all"—he then said, "We don't wish to hurt them; we hope they will get off; we got off, and if they get off, that will be trick and tie," meaning "that will be both alike"—he said he had no wish to hurt the constables; they were satisfied with getting off, and if they were driven into it, or brought into it, if they should be charged, they should expect Mr. Ivory to be in with them, as it was through him they made the charge. MR. SLEIGH Q. Where was this conversation? A. At the public-house opposite, on the Thursday; it was more than once they asked the same question, but it was on the Thursday particularly, the first day of the trial—I believe Mr. Ivory is the employer of one of the lads—there were several persons in the bar at the time of this conversation, but no one paying any attention to us—it was an open conversation—we were all together—I was having something to drink with them—I paid for it—they said they had not received anything, and I asked them to have some-thing to drink—I am an officer of the police-court and a witness for the prosecution with them—I was ordered to be here—I received a subpoena on the part of the defence last evening. WILLIAM CHARLES HODGKINSON . I am a clerk in the. office of the Clerk of the Peace, Clerkenwell—I produce the original depositions of Dye and Pearce at the police-court—I also produce the indictment against the same persons for attempted housebreaking—the verdict was "Not Guilty." WILLIAM BENDALL ( Police Sergeant S 33). I produce the charge-sheet against Dye and Pearce. Cross-examined by MR. SERJEANT BALLANTINE . Q. Whose handwriting is this? A. Mine—I took the charge from Barry and Hayes. ( The charge was, "being found in the enclosed garden of No . 63, Gloucester Crescent, St. Pancras, supposed for an unlawful purpose; further, with burglariously breaking and enter ing the above house .")The words "burglariously," &c., were not added till about nine o'clock in the morning, after the constables had been and professed to have found the state the house was in—the nature of the charge was altered from that information—it was twenty minutes to two o'clock when the young men were brought to the station—I have got the time accurately—it is part of my duty to book the time; I do not speak by guess, but positively—Barry and Hayes were in plain clothes as detectives—I had given them certain orders—I know what their line. of duty was; it would take them to Gloucester Crescent; that was where I ordered them to go, and patrol in that neighbourhood—I know Eversholt Street; they would not have the slightest business there, if they were there at all they would be entirely out of the line of their duty, they would be off the ground to which they were sent—Mr. Dollman's house is about a mile from the station—I know the Stationers' Arms public-house; that would be also out of their beat—supposing persons taken into custody at Gloucester Crescent, I should think the most direct way for the constables to take them to the station would be down Mornington Road, Stanhope Street, and across Cumberland Market into the station—I should think that would be the nearest road, that is the way I should have taken any one if I had taken them—that would be a route frequented by policemen, they would meet with about six or seven policemen that way I believe. COURT . Q. Do you mean "meet" or "pass?" A. They would meet them, as they work that way, they all work to the right. MR. SERJEANT BALLANTINE . Q. You would reckon on their meeting that number of policemen? A. I should; supposing they came right down Albany Street, they would only pass two, even if they had the chance of meeting them—Albany Street is a straight beat, and there are only two policemen from the York and Albany to the station door—it would most decidedly be the proper course for them to take prisoners along a route where there might be assistance in the event of any attempt at rescue—there had been a good many burglaries in this neighbourhood, and it was in consequence of those burglaries that an extra number of policemen were stationed in plain clothes. Q. When had Barry and Hayes gone on duty? A. I did not see Hayes till he brought the prisoners in, but Barry at twelve o'clock at night was waiting at the station for Hayes to come—their duty was to go out at twelve o'clock—Hayes did not come to the station till twenty minutes to two o'clock, the time he brought the prisoners; but he sent a policeman in; that was Small, and in consequence of Small's message I sent Barry immediately to him—I saw nothing more of them till they brought the prisoners—after they had brought in the prisoners they went out again on duty—it would be the proper course of their duty to go up to the house where they said they had taken the prisoners, to see whether there were any appearances necessary to take notice of—I do not know that they went, only from what I was told. Q. Supposing there were appearances about the house of an attempt to break into it, but no appearance to indicate that an entry had been made, would it be the duty of the constables to wake up the inmates, or to wait in the neighbourhood? A. To wait in the neighbourhood—in matters of this kind the possibility of accomplices is not lost sight of—if they waited watching the premises until daylight, and then woke up the inmates, that would be in the ordinary and proper course of their duty—the time at which they left the station after giving the parties in charge was from five to ten minutes before two o'clock—they brought them in at the back door, and placed them in the dock, I then pushed up the window of my office and took their names and addresses, and after I had done that I took the charge-sheet and walked round into the room where they were, and took the charge, and it was then twenty minutes to two o'clock, it very possibly might have been three minutes before that that they came in—both Hayes and Barry gave the charge—Hayes was the first that spoke; he said, "I charge these two young men with being found in the enclosed garden of No. 63, Gloucester Crescent"—I then said to him, "Are these the young men you were watching when you sent into the station at twelve o'clock?"—he said, "Yes"—he had not anything in his hand at that time that I saw—neither of the constables had that I saw—he made this statement in the hearing of the two young men—neither of them said anything then—I then took down the charge, and read it over to them, and one of them, I could not say which, said, "We were not there," and the other one said, "No, Eversholt Street"—a knife was afterwards produced by Hayes, and he told me he had found it in the garden; that was said in their presence, they must have heard him, because they were not standing two yards from him—neither of them made any remark, not in my hearing—I should have heard them if they had—I do not know how long Hayes has been in the force, I think not above three or four years—he has been under me, or rather I do duty in the station, he has a sergeant looking after him doing duty in the streets—he has borne a very good character indeed, steady, regular, and truthful; if he had not borne the character of a good con stable he would not have been put in plain clothes—I saw the prisoners searched—this knife was not taken from them in my presence—I saw them searched—I saw everything that was taken—no knife was taken from them at the station—I think there were two or three matches, they were thrown into the grate; when persons are brought to the station with short pipes or matches we generally throw them away—supposing the young men were taken into custody in Eversholt Street, I should take them down Eversholt Street, up Seymour Street, Bedford Street, across Ampthill Square, Edward Street, across Cumberland Market, up Ernest Street into the station—I know the place where Small was on duty—they would be taken past there, coming from Eversholt Street; that would be a part of his beat. MR. SLEIGH . Q. While Hayes has been in the force has he not been reported? A. Yes, I believe he has; I can't say how often, perhaps two or three times—he would not have been reported if he had not neglected his duty. MR. SERJEANT BALLANTINE . Q. Was the report made to you? A. No, to the Superintendent—I do not know anything of that. MR. SLEIGH . Q. Within your knowledge, has he not been reported for not properly working on his beat? A. No, I can't say that he has—I cannot say he has not—if I was on day duty and he was on night duty I should not know anything about his duties—I know he has been reported, what for I don't know—I do not know that he was in the service of Mr. Curling, of Davies's Wharf, before he came into the police force—I do not know whether Mr. Curling is here—I do not know whether he was in the employ of Mr. Scovel, of Hibernia Wharf—I did not inquire into his character when he joined the police, so I do not know anything at all about it—I can't say what kind of plain clothes Hayes and Barry had on—I can't say that one of them had an umbrella in his hand—I cannot say that he had not—I don't believe that one of them had a light coat on—I don't re member it—I could not swear that he had—I don't believe that either of them had a light coat on—I will not swear he had not, because I don't know whether he had or not—I would not swear to a thing I am not positive of—I don't believe Barry had an umbrella in his hand; I did not see one, not to notice it—if the constables saw persons of a suspicious character it would be their duty to follow them, up Eversholt Street, or any other street—it would not be their duty, upon seeing the window of a house lifted, immediately to alarm the people in the house, because they told me the shutters were not opened—it was their duty to wait till daylight and not to alarm the persons in the house—the shutters were closed, and there was no proof that any person had entered the house—I should think it would be folly on the part of the policemen to alarm the persons if they saw the shutters undisturbed—I have never heard of persons getting into a house and fastening the shutters after them when they were in the house committing their depredations—I don't say it would be more likely that they would leave the shutters open to be seen by anybody pass ing by—it was no part of the officers' duty to alarm the persons till the proper time of waking from their rest, just before they came off duty—they would come off duty at six o'clock—if I had been on duty I should have awoke them, so as to have had time to search the house before I came off duty—I should not wait till the last moment before coming off duty, but so as to have time to get to the station at the proper time, six o'clock—if I was confident in my own mind that no person had entered the house, I should not think it right to ring the bell to ascertain whether I was right or wrong in that conjecture, I should use my own judgment upon that—it would be the duty of the constables to go back to the house immediately after leaving their prisoners at the station—the officers left before me, and I was away before two—when they brought the lads in I did not see any thing in the hands of either of the constables—it was after they had been searched that I saw the knife—the charge was booked first, then they were searched, and then for the first time I saw the knife—when they came in with the lads I did not see a knife in the hand of either of them—I can't say that I must have seen it if that had been so, most likely I should not. MR. SERJEANT BALLANTINE . Q. When you first saw the knife was it open or shut? A. Open; I am positive it was not upon the person of either of the lads when they were searched—as to awaking the inmates of the house, a constable must exercise his own judgment under the emergency—if my judgment assured me there was nobody in the house I should wait until I had time to awake the inmates before going off my beat—that is the course I should pursue. JOHN RONALDSON LYALL . I produce the original depositions—I took down in writing the evidence given by Hayes at the police-court—it was read over to him, and signed by him ( read :—"I am a police-constable, 81 S. Last night, about twelve o'clock, I was in Mornington Road with Barry, 99 S. I saw the two prisoners standing at the corner for about ten minutes; they then went up Mornington Road. About half-past one I saw them in the garden of No. 63, Gloucester Crescent. I leaped over the wall and caught the prisoner Dye, and Pearce was taken into custody by Barry in the garden. I found this knife. We took them to the station, and at the station the prisoner Dye said, 'That is my knife.' The other prisoner said, 'Yes, I sharpened it for you.' I and Barry went back to the house, and saw that the latch of the area window had been forced open, and some pieces of the sash lay on the window-ledge—the knife fitted the marks exactly. I found this chisel in the area. Cross-examined . The knife was not taken from the pocket of the prisoner.") Cross-examined. Q. There were other witnesses, were there not? A. There were Mary Ann Northcote and William Barry, the other constable—the usual caution was given by the Magistrate to the prisoners—they were asked if they had anything to say, and Pearce said, "I was taken in charge for nothing"—the other prisoner said nothing—Eversholt Street was not mentioned at the examination by anybody. MR. SLEIGH . Q. When they were examined on the first occasion was anybody examined besides the two officers? A. Yes, Mary Ann North-cote, Mr. Dollman's servant—the lads had no professional assistance on that occasion, but the case was closed that day—the depositions were finished—I cannot say whether Mr. Ivory, the master of one of the lads, came to the court afterwards on that day—they were remanded for a week, but that was for other cases that might be brought against them, not for this case—a solicitor did not then appear for them—it was a Mr. Sayers, a clerk from the office of Mr. Lewis, of Great Marlborough Street, who is now instructing you—Mr. Sayers asked me about the case; I told him that it was completed, and when the case was brought before the Magistrate (I think it was a different Magistrate, but I can't be sure about that) I told the Magistrate that the case was completed, and he, on my assurance that it was so, committed them for trial immediately, and Mr. Sayers said, "Then I have nothing to say"—evidence was not tendered on the part of the defence, nor did the Magistrate refuse to hear it; he said no evidence could be heard, because the case had been completed—Mr. Sayers did not tender any evidence—I recollect now what did occur, Mr. Sayers knew that the case was closed, and to the best of my recollection he said, "As the case is closed, I suppose you will not hear any witnesses for the defence, "and the Magistrate said, "No "—I said to the constable (I do not know which was in the box at the time), "Any fresh evidence to-day?" and he said, "No"—I don't think the Magistrate said anything. MR. SERJEANT BALLANTINE . Q. Did either of the lads on their original examination express any wish to wait for witnesses, or say they had any? A. No, not any at all. HENRY THOMPSON . I reside at Kingswood Cottage, Walworth—I am a reporter at the Middlesex Sessions—I knew the usher who administered the oath to the defendant—he is since dead—I saw the oath administered to Hayes in the prosecution against Pearce and Dye—I took the evidence of Hayes in that case—I produce my notes of it—( read :—" I am a police constable, 81 S—I remember the 30th of August coming on duty in Morn ington Crescent in plain clothes—a little before twelve my attention was attracted to the two prisoners, who were standing at the corner of Morning ton Road—after that I saw the police constable Small on his beat—they stood there about twenty minutes—I met Small, and in consequence of something I said to Small he went to the station to fetch another constable—police constable Barry, 99 S, came to me afterwards; this was about twenty minutes past twelve—the prisoners went up the Mornington Road, that is in the direction of Gloucester Crescent—I lost sight of them at the corner of Gloucester Crescent, and the next I saw of them was in the garden of No. 63, Gloucester Crescent—that was past one o'clock, but I do not know exactly—I jumped over the wall, it is about four and a half feet high—I put my hands upon it—I caught hold of the prisoner Dye—Pearce got over the wall, and Barry took him outside—I found a knife in the garden—at the station I produced the knife—Dye said, "That is my knife"—Pearce said, "Yes, I sharpened it for you"—I had found the knife in the front garden—I examined the area and window—it had been forced and the latch pushed back, and the window lifted up two or three inches—I also found this chisel ( produced ) in the area—I had got the knife with me at the time—there were some marks on the windows, and two or three shavings taken off and laid on the window-ledge—I compared the knife with the marks I found on the window in the presence of the servant, and they corresponded—the first time I saw these lads was a little before twelve o'clock at the corner of Mornington Road—Small is here to-day—he was not examined before the police Magistrate, because this defence was not set up at the first hearing—I did not say one word about Small in my evidence before the Magistrate, I did not mention his name—I have made inquiries about these lads since this charge was preferred—I found out that Dye was in the employment of Mr. Ivory, and Pearce in the employ of Mr. Brooks—the lad Dye gave his address No. 18, Bayham Place, Camden Town, and I could not find it—he gave me No. 18—I asked at No. 18 if there was another 18, and they said no—I did not take the trouble to inquire at the next house or at the house opposite—I believe there is a No. 18 A —I was informed that Mrs. Dye, his mother, lived at No. 18 A —I gave an answer to the Court that I had been to No. 18, Bayham Place, and found that no such person lived there—I was told there was a No. 18 A by a constable since, but I was told here not to answer more than I was asked—I know the Stationers' Arms, at the corner of High Street and Warren Street, Camden Town—I did not happen to go there that night—I do not know the proprietor of the house—I know the house well—I mean to tell you and the gentlemen of the jury, on that night I was not in the Stationers' Arms public-house—and Barry were not together in this public-house on that evening before twelve o'clock that night—I was not in the Stationers' Arms in company with Barry, because at twelve o'clock I had not seen him. Mr. Sleigh . Let Thomas Grocer, George Ostler, and Mr. Wright come into court. ( Three witnesses enter the court .) Mr. Sleigh . "You see those gentlemen?" Witness . "Yes." Mr. Sleigh . "Let them leave the court again." Cross-examination continued . "I adhere to the answer I have given, that I and Barry were not in the Stationers' Arms on that night—I never saw Barry until he was sent from the station-house—I did not stay there till past one o'clock in the morning, when the house was closed—I was not near to it—I and Barry took these lads into custody—I saw them both in the garden—one was taken outside—Pearce jumped over the wall—I took Dye actually in the garden—I know Evers-holt Street—it was about a mile, or a little over, from the garden where I saw these lads, and where they were taken into custody—there is not a great deal of difference between Eversholt Street and Gloucester Crescent from the station—we did not pass Eversholt Street to go to the station—they were taken to the Albany Station—I was not in Eversholt Street or neighbourhood between one and two o'clock in the morning—I had no business there—I was not in company with Barry in or close to Eversholt Street between one and two o'clock in the morning—Eversholt Street is a mile from the station—The prisoners were taken through Mornington Road, Stanhope Street, across Cumberland Market, to our station in Albany Street—those are the streets we passed through, although we crossed other streets—we did not pass through Albany Street, because we were more likely to meet with assistance in passing through Mornington Road—that was a straighter road than going through Albany Street—Eversholt Street leads into King Street, Camden Town—I saw no man in a fit in the neighbourhood of Eversholt Street on that night—I was in plain clothes, and the other officer too—I had no umbrella with me, but I do not remember if Barry had or not—it is not true that I and Barry spoke to these lads or pushed them—it is not true that I followed these lads down High Street—I and the other officer did not get into a hansom cab—why should we do so?—it is not true that I took the prisoners into custody in Eversholt Street—it is not true that I said, "I have got one, and you take another, and so let us have a couple of them"—it is not true that I took those lads through Lidlington Street, that we stopped at the post office, and went from there to the station-house—we did not go through Mornington Crescent, but passed the end of it—I went to Mr. Dollman's house, in whose garden we had seen the prisoners, at past three o'clock—we rang the bell for the people in the house, and it was daylight when the people came—these lads were deposited in the station-house before two o'clock—they were in the station-house at that time—before we rang the bell we went into the garden and examined the window, and found the window had been lifted two or three inches, and two or three bits of shav ing were lying on the window—after seeing the knife I examined it with the marks on the window when I got into the house—it was getting on for five o'clock at that time—the chisel was in the area, and the knife was in the garden close by Dye. Q. Do you adhere to the statement that you found the knife there? A. Yes. Q. Do you adhere to the statement you made here to-day, that the knife was not taken from the lad in the station-house? A. Certainly—I searched him in the station-house in the presence of others, but I took the knife into the station-house open in my hand. Q. Is it your duty when you take persons into custody at the station-house to report to the sergeant on duty what you find on them? A. Yes, but this knife was not found on the person of the prisoner, it was found in the garden. Q. If it was taken from the prisoner on being searched, would it be your duty to have it entered on the charge-sheet? A. Yes, it is my duty to search any one taken into custody, unless it is a female—it is my duty to sign the charge-sheet. Mr. Sleigh. Q. I ask you whether in the presence of the sergeant and inspector this lad did not say, "This is my knife?" A. Yes, before I searched him—I said so before. Mr. Payne . He was not cross-examined as to any of these things before the Magistrate? A. No, they were committed for trial—on the first occasion when the prisoners were brought before the Magistrate there was no professional man—Pearce said it was false. Mr. Sleigh. Q. On the occasion of the remand did not the solicitor who instructs me say he had an ample defence, and the Magistrate said it was no use to hear a professional man, as he was determined to send the case for trial? A. Yes.") CHARLES PEARCE . I live at No. 15, Johnson Street, Somer's Town, with my parents—I am in the employment of Mr. Ivory, a pianoforte manufacturer, at Brooks's factory, Cumberland Market—I had been in his employ about ten months previous to this transaction—I know Dye—he is a companion and friend of mine—I remember the night of the 30th August—on that night I met Dye in a place called the "Slips" in the Regent's Park—I should think it was a little before eight o'clock—I did not part company with him at all that night—I was with him during the whole night until we were taken into custody—I know Gloucester Crescent—I was not in Gloucester Crescent that night—I was not in the garden of the house No. 63—a chap of the name of Gregory was with me in the "Slips" besides Dye, another one of the name of Blackburn, and George Potts, and a young girl of the name of Phoebe Glue—I could not say for certain what time it was when we left the "Slips," but it was about a quarter past eight—we went to the Regalia public-house, in Augusta Street—Gregory, Blackburn, and Potts were with us there—Phoebe Glue had left us—we stayed at the Regalia until about twenty minutes past eleven, and then went to the York and Albany public-house—that was the nearest point that we were to Gloucester Crescent—I do not know the house that was supposed to have been broken—I should say Gloucester Crescent was about 150 yards from the York and Albany—we stayed at the York and Albany till they shut up, twelve o'clock—Gregory, Dye, Potts, and Blackburn were with me up to that time—when we left there we went down Park Street into Smith's, the one o'clock house, the Camden Stores, at the corner of Grove Street and Park Street—it was about ten minutes or a quarter past twelve when we got to Smith's—all the persons I have named were with me except Glue—she joined us again at the York and Albany before we got to the one o'clock house—we walked straight into Smith's and called for some ale—all of us went in—I believe Glue went in with us—we remained there till about five minutes to one—after we left there we walked down Park Street, turned down by the Britannia, down High Street, till we got to the corner of Warren Street, where we saw some young chaps standing outside the Stationers' Arms—from what I have learnt since, I wanted to fight some of them—a young chap told me I wanted to fight him—I had been drinking a good deal of beer that even ing—I had known those young men by sight—I first saw the defendant Hayes when I got to the Stationers' Arms—Barry was with him—they were standing outside the Stationers' Arms—they were both dressed in private clothes—one of them, Barry, had an umbrella in his hand—I could not swear which one had a light coat, but I know one had a light overcoat—there was a little bit of a row with our party and the others outside the Stationers' Arms, and we walked down Cam den Town—the constables followed us—when we got about a hundred yards down there was a man in a fit—we stopped to look at him, and one of the constables said, "Sling your dannel"—he said that to Blackburn, who was with us—we then walked across the road to the other side of High Street, and Barry poked Blackburn in the back with his umbrella—then we ran, and they ran a little way, and Black burn and Dye turned round King Street—I and Gregory and Phoebe Glue ran straight down Camden Town—our party and Dye and Black burn met again at the corner of High Street at the perambulator maker's—they would go down King Street, round Bayham Street, and round Earl's Terrace—we were all together at the bottom of High Street, except Potts—he left Smith's public-house two or three minutes before we did, and went home—that was before the poking in the back with the umbrella—when we were at the corner of High Street we stood bidding Blackburn good night, because he lives up Kentish Town—we bade him good night at the corner of Eversholt Street—that is just across the road—before Blackburn had left us we had crossed the road, and stood at the chemist's shop at the corner of Eversholt Street—it was there that Black burn left us—we then went straight down Eversholt Street—we had gone half-way down Eversholt Street, and Dye ran on ahead—he did not run, he went a little quicker than we—I asked where he was going—he turned round and said he was going round the corner to make water—he went round Crawley Mews, and when he got round there Hayes and Barry were there, and knocked him down—I and Glue and Gregory were on the right side of the road coming from Camden Town—the constables and Dye were on the opposite side—they took Dye into custody, and they were bringing him across the road, and Gregory and Glue ran up, and I said, "What is the matter?" and Hayes said to Barry, "Collar him; we may as well have a couple"—they then took me into custody—Gregory was following behind, and they told him if he did not go back they would have him—Gregory then went home—he went away—we were taken from Eversholt Street; through Lidlington Place, across the road by some iron posts—they stopped there for a second or two, as though considering which way they should take us—we then went through the iron posts, and round Harrington Square, across the Hampstead road, round Mornington Crescent, up Stan-hope Place, along Stanhope Street, into Edward Street, up Edward Street into Cumberland Market, Munster Street, and Ernest Street, to the back door of the station—Phoebe Glue followed us to the station—we were put behind an iron bar and searched, and the sergeant began writing something down in a book—I do not know what he wrote down—I asked Barry what he took us up for, and he told me to hold my noise—I first heard what I was charged with next morning, when we were brought out of the cells to go to Marylebone—I heard it from one of the sergeants—I do not know his name—I saw Dye searched at the station—Hayes held up a knife when he was searched and said, "Here is a pretty thing"—Dye said, "That is my knife," and I said, "Yes, I sharpened it for you yester day"—we had been in the station about five minutes before the knife was produced—I did not see Hayes or Barry in the Stationers' Arms—I never was in the house—I know Stanley, the officer of the police-court—I saw him here last session when the charge against Barry was being tried—I went out with him from the other court to a public-house—I said I wanted to go out and have something to drink, and he said he would go with me and another gentleman—we had some cooper and pork pie—I believe there was a few words between us while we were having it—I cannot exactly remember what it was—I know I said it was a scandalous affair to take us and charge us with burglary, and we knew nothing about it—Stanley merely said, "Yes" and "No"—I might have said a few more words, but I cannot remember them—I did not say I should be glad if the policemen got of—I said I should not care whether they got off or not, as long it was all dropped, as I was tired of it—nothing was said about "trick" and "tie" that I am aware of—I do not remember whether any thing was said about Mr. Ivory. Cross-examined. Q. Do you mean you do not recollect whether any thing was said about Mr. Ivory, or that nothing was said? A. I do not think there was—I would not say there was, and I would not say there was not—I did not say if anything happened to me, the same ought to happen to Mr. Ivory—I do not believe I spoke about Mr. Ivory—I will swear I did not—I am quite certain—I cannot answer for other persons, I did not—I am quite sure I have accurately given the dif ferent streets through which we were taken—I have a perfect recol lection of them—I did not knock anybody down or strike anybody—I wanted to fight—I did not forget that—I spoke about it when the counsel examined me—I remember it perfectly well—it never went out of my mind—I am quite sure about that—I said that a party told me I wanted to fight—I did not remember till I was told of it—I might have forgotten till I was reminded of it—I did forget it—I go by what I was told, that I wanted to fight—I was told so by Wright—I did not re member until I was told—if I swore I did I was confused for the moment—I did not exactly know what I was answering—I should not have thought about it if I had not been told—it is very seldom I want to fight—I had a shilling when I started from home that night—I think it was on Thursday night—I had not had my wages—my wages are 16 s . a week—I had nothing at the station-house—I spent the whole of the shilling in drink and tobacco—I was to be paid my wages on Saturday—I should have no money until then—I could get a little of father if I wanted it—he gene rally gives me money when I ask him—I have a mother, and brothers and sisters—I am not generally wandering about the streets as I was on this night—it was unusual for me to be out so late—they knew I should be out as late—I told them I should be a little late that night, and I bor rowed the key of mother—I did not tell her where I was going to—I did not mention that to anybody—I told her I was going out—I am eighteen years old—mother does not always ask me where I go—she did not that evening—I had been in about a quarter past ten the night before—Dye lived in Bayham Place—I saw him run down King Street—he would get into Eversholt Street by going down King Street, down Bayham Street, and round Crowndale Terrace—he would not have to pass his own house, he would go near it—instead of going to his own house, he came into Eversholt Street, where he was taken into custody—I cannot account for that—he ran down King Street because the constable poked Blackburn in the back with his umbrella—Blackburn started running, and we all started running—I ran in the direction of Eversholt Street—I did not expect to see Dye again in Eversholt Street—I was not surprised to see him—it was nothing uncommon to see him—as far as I know, that was the first time a man was poked in the back with an umbrella by a policeman—I cannot answer for Blackburn, and I shall not—I have not often been to Dye's house—I know where it is—it is three or four hun dred yards from the place where he was taken into custody, and where I was taken is about two hundred yards from my house—when I ran I meant to go home; I was prevented by being taken into custody—I was not run ning at the time I was taken into custody—I stopped on seeing Dye taken into custody by two men—I had not been running up to that time—we had been stopping at the corner of Eversholt Street, bidding Blackburn good night—Blackburn did not come back again—he went home, he went down King Street with Dye—he lives up Kentish Town—Eversholt Street was not in his way to Kentish Town, nor King Street. Q. When did you first see any of your friends after you had been taken into cus tody? A. Next morning, at Marylebone Police-court, I saw my mother—I there heard the evidence of the officers, and heard for the first time that we were charged with attempting to commit a burglary in Gloucester Crescent—I first heard that we were charged with burglary at Albany Street Station—I heard next morning that we were charged with burglary at a house in Gloucester Crescent, at Albany Street Station—that was before I saw my mother—I heard the officers swear to having taken me into custody there—I did not say that I had plenty of witnesses to prove that I had never been there the whole evening, because I was so confused at being taken up for, burglary, never having been locked up before, and I thought it very hard, and I could not speak; I tried to and I could not, my mouth came regularly parched and I could not speak—I did say it was false—I should have said a little more, but I could not go on with it, being so confused, and my mouth was so parched—I stopped mid way in my speech—Dye said nothing—he will be better able than I to tell you whether his mouth was parched—if I had not been prevented by my mouth being parched I should have told the story as I have to-day—I was simply prevented from doing so from that cause—I really mean to tell the jury so—I did not have time to tell my mother, I was drove in like a dog—we were handcuffed together—my mother was sitting as I went by the door, and she said something to me, but I did not understand her, I had not got time as I walked past her—she did not ask me for the key—I said, "I have done nothing"—that was all I said to my mother—that was all I had a chance to say—I was prevented continuing the conversa tion by Hayes and Barry—they pushed me in like a dog—Mr. Ivory is my master—he does not keep an establishment himself—he is a piece work master—he works in one of Mr. Brooks's shops—I call him my master, and Mr. Brooks's servant—I don't know whether he is paying the expenses of these proceedings—I am not paying them—I don't know who is, I have never asked—I should think the chief one would be Mr. Ivory, because he was the first party that took it up—I do not know how soon he took it up—it was in the House of Detention—a young chap, named George Scott, first saw me in the House of Detention—he has been a sailor—he is not here—he has nothing to do with defending me—my brother was the next person I saw, he is older than me—I saw my solicitor at Marylebone Police-court for the first time—I had seen Mr. Ivory, he came to me in the House of Detention—I told him the truth—I told him what I have told to-day—that was after my brother had been, the third or fourth day after I was taken, in the next week—I have got back the latchkey that I borrowed of my mother—it was in my pocket when I was at the station—it was taken from me, I am sure of that—the "Slips" is about three hun dred or four hundred yards from the house in Gloucester Crescent—I used to be there twice or three times a week, but I have not been since the trial—they are green parts of the park that lead down to the canal—I don't believe that part of the park shuts all night, nor Gloucester Grate—there are young ladies as well as young gentlemen there—I don't know whether they are in equal numbers, they might be, I can't say—Dye used to go there—I did not make acquaintance with the young ladies—very little—I only knew one, a girl of the name of Rachel—that is not the person they call Scotchy —I don't know who Scotchy Is—I have heard the name, but I don't know the girl—I don't know the girl who was there with Blackburn—I don't associate with any of the girls—I knew Phoebe Glue by sight, seeing her with Dye, that's all—Dye associates with her—I went there with young chaps the same as myself—sometimes we practise running—I get off work at 7 o'clock—we go to the "Slips" to practise running from about eight till about nine o'clock or half-past—it is very seldom I am out as late as twelve o'clock—I am sometimes—the young ladies do not practise run ning with me or the others—I never have them ruuning about after me—sometimes we have the boxing-gloves up there, only for amusement, and we practise running—I don't know what becomes of the girls—I have no notion, they are away from us—I can't tell what they are doing—I know they are there in the park—when we have finished the race we do not come back to the girls, we go and sit down on a seat—there is a seat there that we generally sit on—it is away from them, you can be—they come up and speak to young chaps that are there, that is about it—I suppose we get three or four runs of an evening—I have seen chaps go out with the girls, I mean go down the park and out of the gate, and I have seen them walk about up there—the light is the same as in all other parks—I have lost sight of them occasionally, and after a short time they have come back again—that has been while I have been on the seat—Phoebe Glue was the friend of Dye—when I have seen them walk together they have always gone towards the gate—they have not come back together—the girl has not come back at all—I do not make these girls presents—I never give anything to any of them—I have never had anything from them, not at any time, I swear that—I have never seen Dye have anything from them—I told you before I know one by name, and only one, that is Rachel—I don't know what has become of her, I have not heard—she was not my friend—I knew her by name, but not to walk with her—she walked with a young chap what goes up there, who works in the pianoforte line—I don't know his name—he does not work in the same place with me—I know what they call him, Long Charlie—I don't know where he is now—I saw him on Saturday night in Camden Town, and spoke to him—I have not heard that he has been out of the way at all—I don't know Exmouth Street—I have never slept out of my mother's house—I have been away of a Saturday night, that was when I was in a fishing club and went out fishing—the club was held at the Seymour Arms, Seymour Street—I was never at Exmouth Street—I went to fish at Elstree sometimes, and some-times at Watford—I never slept in any house with Dye and Glue and an other girl—I am quite sure of that—I don't know a person named Apple ton who used to work in the same place with me, and who used to go to the "Slips" regularly—I have no idea who you mean—I know that a man with a fire escape is stationed in Eversholt Street—I did not notice him on this night—I did not notice the fire escape—I know where it is gen erally stationed—it is about two hundred and sixty yards from the place where I was taken up. MR. SLEIGH . Q. Was this fishing club in London? A. It is broken up now—it was held at the Seymour Arms public-house, in Seymour Street, Euston Square—we used to pay so much a week all round, and have a van and two horses, and a driver, and start from there about twelve o'clock at night, and get down to Elstree by daylight to fish—I live with my father and mother at No. 15, Johnson Street, Somer's Town, and have done so about two or three years—my father is a carpenter in the employ ment of the London and North Western Railway Company at Euston Square, and has been for thirty years—there is no truth in the suggestion that I ever slept at any private house with the persons that have been named, or any one else—it is false—the "Slips" is a broad plat of grass in the Regent's Park, it is not a secluded little spot, but a large portion of the park, it goes half-way round the three-mile park—I don't remember that Rachel was there on this night, I could not say—Long Charlie is a companion of mine, he is a very respectable young chap—he was not there that night—we lads used to be in the "Slips" for an hour or so of a summer's evening, playing at boxing, racing, and so forth—I saw my mother at the police-station as I was going in, at the entrance—there is a little door, and we had to walk in—me and Dye were handcuffed together—I did not see any others marched in along with us—Hayes and Barry were following us up close behind—that was the only opportunity I had of saying anything to my mother—Dye and me were both handcuffed together. COURT . Q. Who is George Scott, who you say was the first person that came to see you in the House of Detention? A. He has been a sailor—my mother came to see me—they kept her away as long as they could—she came two days before I came out—that would be about the Wednesday—I think Scott came to me on the Saturday. HENRY DYE . I live at No. 18A, Bayham Place, in the neighbourhood of Camden Town, with my father and mother—at the time this cir cumstance took place I was in the employment of Mr. Burton, a plumber, in Frederick Street, Hampstead Road—I had been in his employment about two years—I know Pearce—I remember the night of Thursday, 30th August—I was in the "Slips" in the Regent's Park, about half-past seven o'clock, with Thomas Pearce, George Potts, William Gregory, Leonard Blackburn, and Phoebe Glue—it was about half-past eight o'clock, as near as I can speak, when we left the "Slips"—we went from there to the Regalia public-house, in Augusta Street—I was in the habit of walking out with Phoebe Glue—she did not go to the Regalia with me, Potts did, and Gregory, Blackburn, and Pearce—after we left the Regalia we came back to the York and Albany again—I know Gloucester Crescent—I was not at all in Gloucester Crescent on the night of 30th August—I was not in the garden of No. 63 with Pearce—the only time that Pearce and I parted company was when I and Blackburn ran down King Street, that was about one minute, with that exception we were together all the even ing up to the time of being taken into custody—when we left the Regalia we went back to the York and Albany, and Phoebe Glue rejoined us there—when we left the York and Albany we went down Park Street, before that we went into Smith's at the corner of Grove Street, that was between twelve and one o'clock—when we left Smith's we went down High Street, Camden Town, and then into Eversholt Street. Q. Did you see either Hayes or Barry that night? A. Yes, we saw them at the corner of Warren Street, where there is a public-house called the Stationers' Arms—they were both together—that was about five or ten minutes after one o'clock—we had been drinking beer at different public-houses—we saw some young men standing at the corner of Warren Street, by the Stationers' Arms—Pearce wanted to fight with them or something—Hayes and Barry did not do anything to us there—we went down High Street after that—Hayes and Barry followed us—one of them had an umbrella in his hand—they were in plain clothes—one had a light coat on and billycock hat—one of them, I don't know which, struck Blackburn with the umbrella, and said, " Sling your dannel "—he poked me in the back with it—we were looking at a man in a fit—we then crossed over the road, and they followed us, and me and Blackburn ran down Bayham Street—the others went straight down High Street—I met them again at the bottom of High Street, that is opposite Eversholt Street—there was me, Gregory, Pearce, Blackburn, and Phoebe Glue there—Potts had left us—we went to Mr. Gates, the chemist's shop at the corner of Eversholt Street—when we were standing at the chemist's shop Blackburn said, "Here are the two men coming down High Street; I will see where they go"—they called a cab and got into it and turned round again, that was while we were standing at the corner of High Street—I saw Hayes and Barry get into the cab—Blackburn went home then, he bade us all good night—that was after I saw the men get into the cab—we remained at the corner two or three minutes after they got into the cab, and then after that Blackburn left us—Gregory, Pearce, Glue, and I went up Eversholt Street—when we were walking up Eversholt Street I ran on ahead to make water—I was turning round the Mews to go up against a dead wall, and one of the policemen, Hayes, knocked me down—they picked me up and ran across the road and took Pearce. COURT . Q. Do you mean that Hayes and Barry picked you up? A. Yes. MR. MONTAGU WILLIAMS . Q. Where were you struck? A. Under the ear; it was the one in the light coat that struck me, and he said, "I have got one; we may as well have another, collar him"—when that was said Pearce was over on the other side of the road coming down with Gregory and Phoebe Glue—the other officer then took Pearce—they said to Gregory that he had better be off, or else they would have him too, and he went away—Phoebe Glue followed us to the station-house—we went from Eversholt Street through Lidlington Place, Harrington Square, across the Hampstead Road, and round Mornington Crescent, till we came to Stanhope Place—we passed some iron posts just before you enter Har rington Square; they stood there for a minute, as if to consider which way they would take us—the nearest point that I was to Gloucester Crescent that night was coming from the York and Albany down High Street—when we got to the station they put us in a little place and searched us—I had a knife about me; that was taken from me by Hayes in the station when they searched me—when it was taken from me I said that was mine. COURT . Q. Do you say it was taken out of your pocket? A. Yes. MR. MONTAGU WILLIAMS . Q. When you said that the knife was yours did Pearce say anything? A. He said, "Yes, I sharpened it for you yesterday"—I did not hear Hayes or Barry say anything before I said that was my knife—I asked Hayes what we were charged with—he said, "Hold your noise"—I asked him again, and he said, "You will know in the morning"—I first heard in the morning what we were charged with when they brought us out of the cells; the charge was breaking into a house, burglary—we were then taken before the Magistrate. Cross-examined. Q. The knife you say was taken out of your pocket? A. Yes, I said it was my knife, because he took it from me and held it up—Pearce had sharpened it for me where he works, at Mr. Brooks's—I do not work there, I was not there at all—he sharpened it on a grindstone, that they have there; he told me that he had sharpened it there, I had given it to him to be sharpened on the night previous—I gave it him in the "Slips," I was cutting a piece of wood, and he said it was not sharp, and he would sharpen it for me—he gave it me back the next night when I met him, in the Regalia—Potts was with us when I was cutting the piece of wood—Phoebe was not there—I don't know whether the knife is here, it was left in the court the last time we were here, it was produced on the last occasion—I don't know where it is now—I don't know who took it away—I gave it into court to be looked at, and I have never seen it since—we were taken before the Magistrate at Marylebone—I had not seen anybody before I went before the Magistrate the first time—I heard the officers swear before the Magistrate that I was taken in Gloucester Crescent—they asked if I had anything to say in answer to the charge—I said nothing—I did not know what to say—I cannot explain why I did not say that I was in Eversholt Street and these policeman laid hold of me, and that I was never in Gloucester Crescent—they asked if I had anything to say, and I said, "No." Q. Why did you say "No?" Why not say, "I was not there at all, I was in Eversholt Street, and was never near Gloucester Crescent at all?" A. The witnesses had said so before, the witnesses for us—they said that we were in Eversholt Street; I mean before the Magistrate—the witnesses for us were examined before the Magistrate—I know what I am saying; our witnesses were examined before the Magistrate at Marylebone. COURT . Q. What, the first time you were there? A. No, not the first time. MR. SERJEANT BALLANTINE . Q. Were they ever examined? A. They were put in the witness-box—I heard the officers swear that we were taken in Gloucester Crescent, and that one of us dropped a knife, which he picked up in Gloucester Crescent—I can give no reason why, when I was asked what I had to say in answer to that, I said nothing. Q. Can you give no explanation of any kind? You know the police say, "We took this young man Dye into custody in Gloucester Crescent." Why did you not say that was not true, that you were taken into custody in Eversholt Street? Now, answer. You must understand me, and be able to give one, if there is one single word of truth in the story you have told about being in Eversholt Street, if it is not an entire falsehood—how came you not to say so at the police-court? A. I was told not to say anything, by some one outside, I don't know his name—some one out-side told me to say nothing; I swear that—it was some one I don't know—we were pushed into the police-court by the constable, I don't mean by Barry; I don't know exactly about being pushed in like dogs; we were taken into a room there; we were not pushed much; we were not pushed at all, we walked in—we were not pushed in—it was when we were coming up that somebody told me to say nothing, just before I got into the room where they wait, just as I got into the station, as I was walking into the room—I had never been before a Magistrate before—the person said, "Don't say anything if they ask you if you have got anything to say"—I and Pearce were together at the time; I don't know whether Pearce heard it or not, he was close to me, we were a little way apart, we were handcuffed together—it was a man who said this, he whispered it, he was alongside of me—he did not exactly whisper it, he spoke loud enough for me to hear him, I don't know whether anybody else could hear him; he spoke close to my ear—I did not say anything to it, I walked on—I looked at him—I should know him again if I saw him—I have not seen him since—I had never seen him before to my recollection, he was a per fect stranger to me—I did not exactly attend to what he said; I obeyed him because he told me to say nothing (I am eighteen years of age)—that was my only reason for saying nothing; I swear that—I did not know him, he was a perfect stranger. COURT . Q. You said just now that you had not seen anybody before you went before the Magistrate? A. Not any of my friends, that was what I meant. MR. SERJEANT BALLANTINE . Q. You have said, have you not, that you were very sorry you had been a witness against the policemen? A. No, I have never said so, nothing of the kind—I am quite sure about that—I was going home on this night—I and Phoebe Glue keep company—she is not a prostitute—I go out with her sometimes—she works at home, I think, with her mother—I was going to see Pearce home first—I ran down King Street because the policeman was knocking us about, and I wanted to get rid of them—I did not go at once to my own home, because I wanted to wish the others good night—I knew they would be in Ever sholt Street, because they went down Camden Town—we knew we should get round as soon as they did, because we ran—I passed close by my own house and went to Eversholt Street. Q. What do you do in the "Slips" of a night? A. Sometimes we have a game of "foot it," flying over one another's backs; sometimes we have the boxing gloves; sometimes we have running—the girls come there sometimes, not always; I don't know about always, I am not always up there—I have been there without any being there, without any being in my company—there are girls, strangers, walking up and down. MR. SLEIGH . Q. When this person spoke to you at the police-court, and told you not to say anything if you were asked, who did you suppose he was? A. I don't know who he was, I thought he was some friend of mine, somebody that knew me, or something—I did not know what he was—he was dressed in cord trousers, something like a working man, and a tall black hat, and a kind of dark coat—because he advised me to say nothing I thought it was good advice and acted upon it, not having seen my friends at that time—I had never been in a police-court before. COURT . Q. Did you see anybody else besides that person? A. No—there were more persons in the court—I did not see Pearce's mother—I do not know whether she was there—I know her when I see her—Pearce wanted to fight somebody that night—I wanted to fight, too, with some of the men at the corner. PHOEBE GLUE . I live in Upper Fitzroy Place with my mother, who is a laundress—I assist her—I know the lads Dye and Pearce—I have been in the habit of walking with Dye, and on Summer evenings going into the Regent's Park to what is called the "Slips"—on Thursday evening, 30th August, I was there, and met the lads there about half-past seven—I stayed with them about three-quarters of an hour—we came out, and I left them at the corner of Augusta Street, and went to my brother's, in Priory Street, Camden Town; that was about nine o'clock, I should think—I saw them again about half-past eleven at the York and Albany, and from that time until they were taken into custody I was not out of their company—I don't know exactly where Gloucester Crescent is—I was in Eversholt Street when these lads were taken into custody—as we went along Pearce wanted to fight Dye at the corner of Warren Street—I got them across the road, and we got a little further down by a jeweller's shop, there was a man in a fit, they went across the road, and just as they got across two young men, I did not know whether they were policemen or not, hit Dye with an umbrella, and they ran across and ran them up King Street—I did not run—Pearce and Dye ran up King Street and round Bayham Street—the one with the umbrella in his hand had a round hat on with a light coat, and the other was dressed in black, but I don't know whether he had anything in his hand—after that, when they got to the Southampton Arms, we were all saying "Good night," and I saw these two men get into a hansom cab, and then I went with Pearce, Dye, and Gregory, and got along till we got to Eversholt Street, and as we got to Eversholt Street there were these two men standing there, and Dye took and ran over to the mews opposite, and one of them ran after him and knocked him down and catched hold of him and said to the other, "I have got one; you take another, and we shall have a pair of them," and he took Pearce and left me and Gregory behind—he sent Gregory off home—he said, "You had better be off home, or else I shall have you," and he swore at him—Gregory then went away—I followed Pearce and Dye to the station, to the back door in Little Albany Street—I did not follow them into the station—they slammed the door in my face. Cross-examined. Q. Do you mean that you gain a livelihood by assisting your mother in the laundry? A. Yes, that is my only mode of gaining a livelihood—I go to the "Slips" to see Dye—I don't know whether Pearce had a young woman who took an equal interest in him—I only know about my own case—I don't know exactly who was Pearce's young woman—I don't know her name or what they call her, there are so many names—we used to go out with a good many—he did have Scotchy —I don't know that she has disappeared—I never heard that she was in a little trouble—I know Rachel, Rachel and Scotchy are two different persons—after I got back to Pearce I did not lose sight of him at all till he was taken into custody—Pearce wanted to fight Dye at the corner of Warren Street and High Street; they were both a little drunk—Pearce did not strike Dye—there were a few words—Pearce asked Dye if he would like to have a turn up with him—he did not double his fists—he did not want to fight any body but Dye—he never offered to fight anybody but Dye—I am quite sure about that—the policeman hit Dye with the umbrella—he did not give him a poke—he hit him across the shoulders with it—he did not hit anybody else—that was what made Dye run away—I can't tell what made him come back again—he came round by the Southampton Arms. COURT . Q. You say you went to see your brother? A. Yes, that is in Randall Street, Camden Town; that would be 300 yards or more from where I parted from them—when I got there I found he had left, and I returned back again—I did not come back to them exactly, I came back again, but I did not go to them, I went down High Street and went home to tell my mother the news that they had removed—I wanted to have some of the washing from there—I went to my mother's before I went to the York and Albany, and I was back by half-past eleven exactly—that was not the account I gave when I was here before—I said I took a walk down High Street, and went home to my mother. Q. What you said before was that you went for a walk, and you remained taking the walk till half-past eleven? A. Yes, but I walked on home—I did not stop at home—I came out again and went up to them—that was about half-past eleven—we had made an agreement to meet again at the York and Albany. WILLIAM GREGORY . I live at 26, Judd Street, and am in the employ ment of Mr. Meadow, of Parson's Street, Leicester Square, a pianoforte manufacturer—I know Dye, Pearce, Glue, Potts, and Blackburn—I was with them on the night of the 30th August—I first met them in the park, at a place called the "Slips," about eight o'clock, and I was with them up to the time they were taken into custody in Eversholt Street—they were never out of my sight—they were not in Gloucester Crescent that night—I saw Hayes and Barry that evening—I first saw them in Camden Town, outside the public-house at the corner of Warren Street—that was soon after one, outside the Stationers' Arms—one of them had a light coat on—Pearce and Dye had been having a drop—there were two or three young men standing outside, at the corner of Warren Street, and Pearce and Dye wanted to fight them—they were going to fight—Grocer I believe the young man's name is—Grocer and the others did not form part of our party, I never saw them before—when I left the Stationers' Arms I came down Camden Town, High Street, Tottenham Court Road—the two constables followed us—they followed Blackburn across the road—we saw a man in a fit—we went across to see it, and when we got there the two constables were there still, and they said, "You had better sling your dannel "—they followed Blackburn and me across the road—we went down the road, and they followed us all the way down to the Southampton Arms—they had an umbrella, and they hit Blackburn—they did not touch me—they followed us to the Southampton Arms—a hansom cab then came up, and I saw them get into the cab—I was then at the corner of Eversholt Street, at the doctor's shop—Dye and Blackburn ran round the back streets; me, Pearce, and Phoebe Glue came on down the road—we all met again at the corner of Eversholt Street—there Blackburn bade us good night, and left us, and Pearce, Dye, and Glue and I went down Eversholt Street, towards home—when we got about half-way down Eversholt Street Dye ran on ahead—we followed him up, and when we got near to him he was knocked down by one of the police—when we got up to him one of the police picked him up, and caught hold of him and came across the road, and the one that had Dye said, "Collar the other; we may as well have a couple," and they took Pearce, and told me to be off home, or they would have me—I went home—I left Glue following them. Cross-examined. Q. I cannot make out about this cab; where was it the policemen called the cab and got into it? A. They called it at the Southampton Arms, that is at the corner of Mornington Crescent and Southampton Street, where the toll-gate used to be, near High Street—there is not a cabstand there, that is up higher, more towards Park Street—this cab was passing accidentally, coming up from Tottenham Court Road way, and they called it, and got into it, and turned round, and drove again towards Tottenham Court Road—they must have gone round the square and come out in Eversholt Street—if we had gone in the opposite direction, up Camden Town, they would not have met us—we went down Eversholt Street, and they went round to meet us—I did not know they were policemen—I did not see how far they went in the cab—Phoebe Glue was with us when Pearce and Dye wanted to fight Grocer—Pearce did not want to fight Dye, that I am aware of—I went to the court at Mary lebone next day—I knew my friends would be brought up, at least I thought so—I was there soon after ten—I know the time they take them down—I went alone—I can't say whether I met anybody I knew there—I might have met somebody there—I cannot recollect whether I did or not—I was in work at the time, but I was not at work that day—I came home, and went down again afterwards—I don't know that I met any one when I went there at ten—I can't swear I did not—I know. Mrs. Pearce—I met her there—I might have had a few words with her—I don't know whether I did or not; I can't say—I can't recollect whether I had a few words with anybody else—I waited there a little time, and saw them coming down—I was outside the police-court—I saw them go in—I did not follow them in—they would not allow me in the court, and I did not see any more of them; I did not go in at all—I went in in the afternoon—I did not see any of my friends there in the morning, that I am aware of—I can't say whether I did or not—I went in the afternoon to see them. come out—Pearce's mother was there then, and Potts and Blackburn—me, Potts, and Blackburn went together, and Phoebe Glue was down there, nobody else that I am aware of—I very seldom frequent the "Slips;" I do sometimes—I do not know this house in Gloucester Crescent—I know Gloucester Crescent—I did not hear that there had been a good many houses broken into in that neighbourhood, or that there were any suspicions about burglaries—I never heard it mentioned—I never had any conversa tion with Pearce or Dye about such a thing—I had not heard that any had been committed in the neighbourhood. GEORGE POTTS . I reside at 18, Cumberland Market, with my mother—my father was an umbrella maker, and my mother carries on the business—I repair the umbrellas for her, and assist her in conducting the business—I know Dye and Pearce, Gregory and Blackburn—I have known them two or three years—Blackburn I have known five or six years—I know Phoebe Glue by sight; I am not intimately acquainted with her—I know the "Slips" in the Regent's Park—on the evening of the 30th August I was there—I saw Gregory and Pearce there, Dye, and several others—we stopped there till a little after nine—I think Pearce and Dye, and several others, I cannot exactly recollect who, then went with me to the Regalia tavern in Augusta Street—we stopped there till about twenty minutes, past eleven—I think it was about half-past nine when we went there—Gregory, Pearce, and Dye, and one or two others, left with me—we then went to the York and Albany—we left the York and Albany at twelve o'clock, when the house shut up—they were closing as we left—I then went to Smith's, in Park Street, with Pearce and Dye—we stayed there till about five or six minutes to one—they did not come out with me—I left them there—from the time I saw Pearce and Dye in the "Slips" till I left them at Smith's, at five minutes to one, they were never in Gloucester Crescent. LEONARD BLACKBURN . I live at Wellington Terrace, Kentish Town—at the time in question I was a clerk in the Langley coal office, King Street, Cheapside—I am not there now—I was at the time I was examined on the last trial—I have known Pearce and Dye for some time, and have been in the habit of going to the Regent's Park of an evening—on 30th August I met them about eight o'clock, and after being at the "Slips" some time we went to the Regalia—there was no female with them that I saw before we went to the Regalia, not while I was there—we remained at the Regalia till about twenty minutes past eleven o'clock, and then went to the York and Albany—I know the Stationers' Arms, at the corner of Warren Street—I was there about half-past one o'clock—I had no watch with me—there were some young men standing at the corner, and we wanted to have a fight with some of them—there was not a fight—I saw the two constables, Hayes and another man, when we were going down the road—they followed behind us—we got to a disturbance there, and they shoved us as we were going down the road from the Stationers' Arms—they shoved me and Gregory—we were standing at the crowd, and I said to Gregory, "What is the matter? Let us have a look," and the constable Hayes came behind me and said, " Sling your dannel "—so we went across the road, and Barry came behind me and shoved me with his umbrella—me and Dye then ran down King Street—Pearce ran straight on—one of the constables had on a light coat and an umbrella—the other one had a black coat on—we met again at Trotman's, the perambulator maker, at the bottom of High Street, and while we were standing there we saw the two con stables coming down on the opposite side—there was a hansom cab coming in the direction from the Tottenham Court Road—I bid Pearce and them good night at the corner of Eversholt Street—Potts, Gregory, Phoebe Glue, Dye, and Pearce were there; not when I left them, they were with us all the evening—there was only Gregory and Phoebe Glue with them when I left them at the corner of Eversholt Street—I know Gloucester Crescent—during the whole time I was in company with these lads I was not with them at Gloucester Crescent, or nearer to it than the York and Albany. Cross-examined. Q. Did you go next morning to Marylebone? A. Yes, in the afternoon—I am often in these public-houses I have spoken of, and Pearce and Dye too with me—Phoebe Glue is not often with us—some-times she has been with us—I am at the "Slips" about once or twice a week—I had not heard at this time that a good many burglaries had been committed, nothing of the kind—I heard no talk of it in the public-houses. GEORGE OSLER . I am a grainer, and reside at Kentish Town—on the night of the 30th August I was at the Stationers' Arms public-house—I know the defendants Hayes and Barry—it was a quarter past twelve o'clock when I was at the Stationers' Arms—I cannot say exactly the time I remained there—I think it was about half an hour—we left some time before one o'clock—I saw both Hayes and Barry inside the Stationers' Arms, one had a light coat on, the other had a black coat—they were standing at the side bar at the farther end—there were glasses standing before them—I did not take particular notice what they had in them—I remember being outside the Stationers' Arms when some boys came up and insulted me—they were Pearce and Dye—they pushed against me and pushed me into the road—at that time the constables were standing in Warren Street—Pearce and Dye passed us and passed again and went up Warren Street, and I believe they spoke to the policemen, and said something to them to insult them—then they came back and went down the Hampstead Road towards Mornington Crescent—that would be in the direction of Eversholt Street—I did not see what became of the constables after I left—I saw them in Warren Street and then I went home—when I left I left the constables in Warren Street—the boys passed me and I went away directly—Pearce, I think, who wore a white scarf, challenged all three of us to fight—I do not know which one it was, it was one of the two—I did not know them before—they were entire strangers—I had seen them, but not to know them personally—I had never spoken to them before that night. Cross-examined. Q. Were you examined at the Clerkenwell Sessions? A. Yes; I then stated that the landlady at the Stationers' Arms had served me—I took the eldest barmaid to be Mrs. Hughes—she was the one I took to be the landlady—I called her the landlady—I find out now that she is not—I have since learnt that the landlady was not in the house that night—I had not been frequently to the Stationers' Arms previous to this—I have been occasionally at the same house when I leave business—Pearce's brother came to me about this matter on the Saturday night—I do not know how he came to come to me—Grocer brought him to me. MR. SLEIGH . Q. You were not only examined at the Middlesex Sessions, but at this court on the last occasion, I believe? A. Yes. THOMAS GROCER . I live at Kentish Town, and carry on the business of a master grainer—I know the Stationers' Arms public-house, and some-times go in there of a night—it is some little distance from where I live—Osler is a friend of mine, and lives and works with me—I was at the Stationers' Arms on the night of 30th August—I went there about a quarter past twelve, and remained till the house closed, within two or three minutes of one o'clock—while there I saw Hayes and Barry inside the house—they were there till it closed—I saw them there from a quarter past twelve till the house closed—they were there when I went in—they were drinking at the bar—I could not swear as to how they were dressed—they were in plain clothes—they came out at the same time as I did, because the house closed—we all came out together—when we came out two young chaps, Pearce and Dye, came running up and pushed against us and wanted to fight us—we would not have anything to do with them, and they left us and went into Warren Street—the constables followed them—they left Warren Street and went towards the Southampton; then I lost sight of them after that—I know the lads by sight, but 'never to speak to them—I never knew their names until I was at Marylebone Police-station—I went there to appear for Pearce and Dye when they were taken for burglary—I cannot now say when that was—I really forget it—I believe it was two or three days after—I went into the court, but I never said any thing—no professional gentleman appeared for them then to my knowledge—I was not examined as a witness—I cannot say the reason of that—I did not hear anybody say anything about witnesses being called. Cross-examined. Q. How soon was it after you were at the public-house that you were at the police-court? A. I cannot say—I do not think I was ever in a police-court before—it might have been a week after, but I cannot say whether it was or not—it was not the next day—I can not tell whether it was the next day or a week after. MR. WILLIAMS . Q. Do you know Osler? A. Yes; he was with meat the Southampton Arms, and Wright and Bryant. COURT . Q. How came you to go to the police-court? A. I was sub poenaed—I was fetched to go—Mr. Pearce, the prisoner's brother, asked me—he said there was a young chap there, a grainer, a paperhanger, and a waiter at the Bedford—that was me, Osler, and Wright, and we were foraged out and had to appear—I did not know their names until I went to the police-court—when I was at the police-court I believe these two young chaps were committed for trial—I did not see any witnesses exa mined—I was there till the case was over—it might have been a quarter of an hour, I cannot say to a few minutes—the boys were admitted to bail when I was there. JOHN THOMAS WRIGHT . I live at 98, High Street, Camden Town, exactly opposite the Stationers' Arms—I work with my father, a paper-hanger—he carries on that business at that place—I remember the night between the 30th and 31st August—I was at the Stationers' Arms—I saw Hayes there and somebody talking to him—I believe it was Barry, but I cannot swear to him—I recognise Hayes—I came out of the house just as it closed—Mr. Hughes said it was time to shut up, and we walked out—I do not know whether these two men came out directly after or not—I stayed outside for some considerable time—I did not notice them out-side—while standing there I saw a party run up Warren Street, and I said to a party who was with me, "Let us go up and see what the row is "—one of the parties came up to me and said, "Do you want to fight?" and I said, "No, thank you, good night," and walked away—I left the boys there and went back to the place where we were talking—I believe these boys were the parties who were charged with burglary, Pearce and Dye—I should know them if I saw them—I saw them hero last month. Cross-examined. Q. What were you doing at the Stationers' Arms, drinking or playing billiards? A. No; I called in there and had a glass of ale after coming from work—I was not playing at billiards there at all—that was at another place—I was about twenty minutes or half an hour at the Stationers' Arms—I am positive I saw Hayes there, and I am certain of the time—I have never said that the landlady was there—I might have called at the Stationers' Arms since this affair—I do not know whether I have—I do not recollect—I might have called there for money—I did not call there to see Mrs. Hughes, the landlady—I recollect calling there the night that we were here before, and having a glass of ale—I did not go to Mrs. Hughes and say, "You remember the night of 30th August last when Hayes and Barry were in your house, and you spoke to them"—I could not, because I knew she was out of town on 30th August—I did not say that that I recollect—I could not swear it, but I do not believe I did—I would not take my oath on it—she did not say, "They were not here; at any rate, I was not here to see them, I was at Ramsgate"—I will swear that positively—nothing of the kind—she did not mention anything of that to me—I called for a glass of sherry and something to eat—no con versation passed that I recollect about the case—we went there and had supper after leaving here last sessions—no such conversation took place that night—I did not have any conversation with her, I only asked her how she was—I have been there several times—I used to go there at six in the morning when our men went up to work—I do not remember saying what you put to me on any occasion—I will swear I did not—I do not remember saying it to her—I cannot swear I did not exactly—I will swear I did not as I remember—I knew she was at Ramsgate at the time because she wished me good bye, and said that she was going, and my brother was stopping with her in the same house where she lodged—she did not, to my recollection, tell me that my brother was there with her—I knew he was—she did not produce her hotel bill to me to show me she was away on the 30th—I swear that positively. COURT . Q. What time did you go to the Stationers' Arms that night? A. As far as I can recollect, it was about half-past twelve, but I was in there twenty minutes, and that was the time they shut up—Grocer was in there at the time—I was by myself when I went in. WILLIAM BRYANT . I am a French polisher, and reside in a turning out of College Street—at the time of the last trial I was living at No. 10, Paul's Terrace—I know the Stationers' Arms public-house at the corner of. Warren Street—I was there on the night of the 30th August—I saw several there that I knew—I saw the defendant Hayes there that night—I can swear I saw him there—I should know Barry if I was to see him—I can't exactly say where Hayes was standing, he had his back towards us—he had his back to the counter—I was there about three-quarters of an hour—a man named Reed was with me—when I left I left the two constables in there—I left about a quarter past twelve, according to the clock—the constables were in private clothes—I can't say exactly how they were dressed—I was examined as a witness when Pearce and Dye were at Clerkenwell—I was not examined here at the last trial. Cross-examined. Q. You noticed the clock, and it was fifteen minutes past twelve, was it? A. Yes—Mr. Ivory asked me to give evidence, on the Sunday previous to the case coming off at the sessions. COURT . Q. Were the two constables there when you went in? A. Yes, and they were there when I left—I went in about half-past eleven, or perhaps a quarter to twelve, and they were there then—I am sure I was there before twelve, and that I found them there at that time—I knew them, by seeing them in policeman's clothes previously ( looking at Barry ), that is the gentleman—he was there with Hayes—they had their backs to me, but I saw their side faces. GEORGE REED . I am a carpenter, and live at No. 7, Bury Street, Camden Town—I was in the Stationers' Arms, at the corner of Warren Street, on the night of the 30th August—I did not see Hayes there, but I swear to Barry—I had seen him before in policeman's clothes—I saw him that night at the Stationers' Arms—there was some one talking to him with his back towards me—I am unable to say who that was—I was there about ten minutes or a quarter of an hour—I don't remember how the man was dressed who had his back towards me—I was examined at the Mid dlesex Sessions when Pearce and Dye were tried—I was not subpoenaed at the last trial here. Cross-examined. Q. What time do you say you saw them there, the latest moment? A. A few minutes before twelve o'clock—we left them in the house at a quarter past twelve—I saw them first at a quarter or twenty minutes before twelve—I would not say to a few minutes—I can't say when I was first spoken to about it—I did not see the landlady there—I saw the barmaid in the bar. COURT . Q. You are quite certain that you were there before twelve o'clock, are you? A. Yes, and that they were there when I went in. CHARLES GRINDLEY . I reside at No. 28, Union Street, Clarendon Square—I am a pianoforte maker—on the 30th August I was at the Stationers' Arms—I went there between twelve and one, and I might have stopped between twenty minutes or half an hour—I saw two men there who I knew to be policemen—I know who they were—Hayes is one and Barry the other—they were there when I got there, and I left them there when I came away at half-past twelve—I do not know how they were dressed, I will not swear. Cross-examined. Q. What time do you say you went in when you first saw them. A. I might have gone in about twelve o'clock—I had come out of the Bedford Music Hall. Q. Are you able to speak positively to the time you went in or came away? A. It was between twelve and one when I left, that is all I can say—I was there about half an hour—I went in about five minutes to twelve—I am sure it was before twelve o'clock, and that they were there when I went in. FRANCIS THOMAS DOLLMAN . I reside at No. 63, Gloucester Crescent—on the night of 30th August I retired to rest about half-past eleven o'clock—the servant usually saw that the house was safe, and I did occasionally myself—I went to bed as usual on the night in question—I was awoke as nearly as possible at five minutes to five o'clock, first by the servant coming down the stairs and telling me there was a ring at the bell, and then by the policeman Hayes, I believe it was, who came a short way up the stairs to tell me my house had been broken—I went down into the kitchen—the servant was there, and Hayes, and Barry, and a policeman in uniform—there is a small garden in front of my house—I think this model ( produced ) is a fairly correct model of my house—I have not had the garden measured—it was not measured in my presence—I saw the sash of kitchen window that morning when I was called downstairs—the window was open two or three inches, and the shutters were open when I came down—this model ( produced ) gives an indication of the marks that I had pointed out to me on the window—I believe it to be correct—I do not know what the state of the catch might be then, but afterwards it went rather stiff—if I remember right, I tried it, and found it to be rather stiff—I did not try it at the time—Hayes I am sure was in plain clothes—I could not swear as to what dress the other had on, or what coat he had on—I believe Hayes had a dark coloured coat—with regard to the other, I could not swear whether his coat was exactly light or not—I could not exactly tell whether they were dressed in dark clothes or not, not for certain—I could not swear to it. JOHN IVORY . I reside at No. 53, College Place, Camden Town, and am a pianoforte maker by trade—I am in the employment of Mr. Brooks, of Cumberland Market—Pearce was in my employment, and had been I should think some seven or eight months—I have known him for a long time—he had been in the employment of a firm before he was in mine—his mother called on me on Saturday morning, and informed me he was in custody—I first of all went to Albany Street Police-station to ascertain the nature of the charge, because his mother did not tell me—I then proceeded to the House of Detention to see the lad on the same day, Saturday, but I found I could not see him then—I saw him on the Monday—having seen him I instructed a solicitor to appear for him at the next hearing at the police-court, and I attended myself—he stated the nature of the defence that was proposed to be put in—the Magistrate said, "I will not hear one word of it"—I was extremely anxious to make an application to the Magistrate myself—I do not know what has become of the knife that was produced on the last trial here—I gave it in at the entrance of this court when I was asked for it—I saw it in the hands of the jury, and I have not seen it since—it was a pocket-knife with a white handle—the blade of it I should judge was about six inches long—this model correctly represents the state of the window-sash of Mr. Dollman's house when I saw it, with respect to the marks on it, and every thing of that kind. Cross-examined. Q. You are in the employment of Mr. Brooks? A. Yes—I am a piece-worker—I allowed Pearce 16 s . a week—he is still in my service. MARY ANN NORTHCOTE . I am servant to Mr. Dollman—on the morn ing of 31st August I was upstairs in my room and heard the bell ring—I think it was between four and five o'clock—I do not know whether the front gate was bolted at that time—I opened my door and came downstairs—I saw Hayes and Barry, and a policeman in uniform—that was the first time I had seen them—they said they were two detectives—I let them in and went down into the kitchen with them—they went first, but I followed them—they were in the hall—they had got as far as the stairs when I went up to master; but before I opened the door to them I told my master as I was coming downstairs that there was somebody at the door, and after I let them in I left them at the top of the stairs and went up just two or three steps, and master came outside his door as I was going up—when I came down the constables were where I had left them—they went before me into the kitchen—I followed them quite closely—at that time the shutters were shut—I saw them opened—Hayes opened them—the bell is just outside the gate. Cross-examined. Q. You did not lose sight of the policemen at all? A. Not at all. COURT . Q. Were the shutters fastened? A. Yes—I believe the catch of the window was fastened the night before, but I might have made a mistake—I was very busy that night with Mrs. Dollman, packing up—I am under the impression that I did fasten it, as I usually did, but I am not quite sure. MR. DOLLMAN ( re-examined ). I have measured the length of the front wall; it is about thirty-four feet—I have not an exact measurement of the depth from the outside to the house, but I think it is about twenty feet—the hasp of the gate is somewhat worn—it could be opened by a kick unless it was bolted—there is a bolt inside. Wednesday, November 21 st , 1866. Witnesses for the Defence . WILLIAM BARRY ( Policeman 99 s .) I am a constable of the Metro politan Police Force—I am now suspended during the progress of this inquiry—I was tried last session on a charge of perjury in relation to this matter, and acquitted—I have been in the police force seven years—I live at Barclay Street, Somer's Town—I am married—I have no family—I was on duty in plain clothes on 30th August, the night this affair took place—I had to go on duty at twelve o'clock at night and come off at six o'clock in the morning—I am off duty during the intermediate time—the course which a police-constable has to pursue before he goes on duty is to go to the police-station and report himself to the acting inspector—it would therefore be my proper course to go to the police-station at twelve o'clock and report myself—I did so on the night of 30th August—I reported my self at a quarter to twelve—Sergeant Bendall was present when I reported myself—he was the person to receive my report and order me on duty—more constables than usual were on that beat in consequence of many burglaries having been committed in the neighbourhood—I waited at the station till twelve minutes after twelve—I was told to wait till the de fendant Hayes came—I am quite sure I was at the station-house from about a quarter to twelve till ten minutes after twelve—Hayes did not come—Constable Small, 80, came—he went and spoke to Sergeant Bendall and I was ordered to go and meet Hayes in the Mornington Road—I should think Mornington Road is about a quarter of a mile from the station—I should say rather more—that is the nearest point, the railway bridge—that is at the corner of Stanhope Place, in the Mornington Road—I went beyond Stanhope Place and met Hayes to the left of that, between the two bridges in the Mornington Road—that would be about twenty minutes to twenty-five minutes past twelve—Hayes pointed out two young men, Pearce and Dye, some little distance up the Mornington Road from where I met Hayes—they went in the direction of Gloucester Crescent—they were walking together—they were just moving away when Hayes pointed them out to me—I and Hayes watched them—they went up Mornington Road and afterwards into Park Street, and into Mornington Crescent after that—directly they got into Mornington Crescent I lost sight of them—we were in the Mornington Road when we lost sight of them—I do not mean Mornington Crescent, I mean Glou cester Crescent—we watched them into Gloucester Crescent and then lost sight of them—we made an arrangement between as and I searched the right side of Gloucester Crescent, the gardens, and Hayes the left side, and when I had got about half-way round the Crescent I heard Hayes raise an alarm—I turned round and saw Hayes going over the wall and saw a man leaving a garden on the opposite side—that man was Pearce—he was running—I ran after him and took him about 150 yards from where I saw him leave the garden—I collared him and took him back and met Hayes coming out of the garden with Dye—I took Pearce to the station—I left Hayes coming behind with Dye—I saw an open knife in Hayes's hand—I am quite sure about that, Hayes called my attention to it at the time—he showed it to me in the presence of Dye and in the hearing of Dye—he told me that he found it at Dye's feet in the garden—Dye did not say anything to that—I arrived at the station I think at about half-past one as near as possible, it might be a little earlier—the police are not supplied with watches—I have a watch—there is a clock at the station—when we got to the station we charged the prisoners with being found in enclosed premises for an unlawful purpose—we were not aware at that time that any attempt had been made to break into the house—there was no other constable in Gloucester Crescent when we took the two young men—the route we took to the station from Gloucester Crescent was across Park Street, through Mornington Road, till we got to the railway bridge, and then turned to the right up Stanhope Street—Albany Street may be a shorter route—there is a reason why we went the particular route we did—if we went through Albany Street and required any assistance, we should meet but one or two constables: on the other route we would meet about seven, and if we required assistance we could get it more readily there—I saw some policemen going that way—I saw two or three persons not policemen also—I saw a person of the name of Davey just a few yards beyond-Park Street—I might have seen him before, I did not know him—going along the street I saw a policeman named King—after I had seen King I saw another person who turned out to be Davis—I had never spoken to Davis before—as far as I know I never saw him before—after seeing Davis I saw 66, Sinclair—these different people had an opportunity of seeing me and Hayes—after we had disposed of our prisoners at the station we went back to Gloucester Crescent—we arrived there, as near as I can recollect, at about three o'clock—some little time was occupied at the station in taking down the charge—when we got back to Glouces ter Crescent we examined the premises No, 63—we found footmarks in the garden and traced them to the area—we then saw, by the lamp of the constable on the beat, that the window was open—he was present when we discovered this—there were marks of some sharp instrument having been used—we remained in the immediate neighbourhood, in a position that if any person came we must have seen them—from what we saw of the window we formed a judgment as to whether any person was inside—we saw the window open, but the shutters were fast: there were no marks of violence whatever on the shutters, and from that we con cluded that no person had entered by that way—I consider my duty was, therefore, to remain in the immediate neighbourhood in the first place—I did not think I should be doing right in alarming the house, there might have been an invalid there—I did not think it right to alarm the house at that time, as I did not think any entry had been made—we waited about till rather before five, and then awoke the inmates—my proper beat is the second and third sections—that would not bring me to Eversholt Street under any circumstances—I was not near there—I could not be, in fact I had no right to be there—I did not take these men in custody in Eversholt Street, decidedly not—I was not that evening in the Stationers' Arms—I was there two or three nights previously, with Hayes—I am quite sure I was not in the public-house that night—I have never been in that public-house but once previously to this matter taking place—I was at the station-house, in fact, from ten minutes to twelve till some minutes after twelve—I was dressed as I am now, with a scarf round my neck—Hayes was dressed as he is now—neither of us had a light coat on—I had an umbrella—I always carry an umbrella while upon duty, in case of any change in the weather—I did not poke or strike any one with that umbrella that night—no complaint was made about it till very lately—the knife I saw was decidedly not taken out of the pocket at the station—it was found at the place—Hayes carried the knife in his hand all the way from the Crescent to the station. Cross-examined by MR. MONTAGU WILLIAMS . Q. Do I understand you to say that Hayes upon the night in question had a dark coat on? A. Yes—he used to wear a dark overcoat—he has a light overcoat—he used to wear it at one time—when I was examined at the Middlesex Ses sions I did not say anything about having met this constable on the road while I was taking the boys to the station—I did not say a word about having met Davey on the night in question—Hayes was examined first at the Middlesex Sessions—I was in the small room while Hayes was being examined—I did not say I had never seen Davey before, but to the best of my recollection I had never seen Davey before—I know now that he lives next door to the police-station, three or four doors off, in Albany Street—he is a French polisher—I don't know that he follows any other occupation—I had never spoken to him before in my life till this took place—I do not know that Davis is a friend of Hayes—I never heard that he was—I have heard since that Davis had been employed by the police—I was most positively not in the Stationers' Arms that night—if Grocer, Osler, and Bryant and others have said that, they have said that which is most false—I was never at the Stationers' Arms but once previous to that—I was then with Hayes—I cannot undertake to say what time it was—it would be after twelve o'clock—it was two or three days previous to this—I cannot undertake to say who served me—I took something—I believe a woman served me—I know Mr. Hughes, the landlord, now—it was not he—I know the two barmaids by sight—I would not undertake to say it was not either of them—I should not like to undertake to swear who served me—I have seen Grocer before—I believe he was there that night in the public-house—I observed that at the Middlesex Sessions—I know Osler by sight now; I never saw Osler till he appeared at the Middlesex Sessions—I will not undertake to say that Ostler was not there that night—I do not know Bryant, or Grindley, or Reed—I do not know Wright: I saw him at the Middlesex Sessions—I could not distinguish one from the other—I do not know whether he was there on the night in question—I was not at the Stationers' Arms the night the occurrence took place, and of course I did not see any disturbance take place—I did not on that evening follow two lads and poke them in the back with the umbrella—I did not do so to any one else that evening—I was on duty when I went into the public-house—I must explain my reason for being in the house—we are supposed to look into the public-houses, to see whe ther there are any suspicious characters loitering about, or any known thieves in the public-houses, and to see in which direction they go after wards—I do not think I stayed longer in the Stationers' Arms than five minutes—the Stationers' Arms is upon my beat—I certainly might properly have been there on the night these boys were taken into custody; it was on my beat—if we had not been otherwise engaged we might have been that way—I did not see Blackburn to my knowledge on the night the boys were taken into custody—I never saw him till I saw him at the Middlesex Sessions—I saw a woman afterwards, but I did not see any one with Pearce and Dye when they were taken in custody—I did not see any males with them—I did not see Gregory at all that night, nor Blackburn nor Potts—I saw a woman—I believe I saw her as we were crossing Park Street to the Mornington Road—Dye called out to go and tell somebody they were being locked up—it was while we were going to the station—I am sure a woman did not follow them to the station—I have seen Phoebe Glue here—she was not the woman—I believe she was not the woman—she was a taller and a stouter woman than her—I could not swear that Phoebe Glue was not the woman—I will swear most positively that I did not say to the woman, "If you don't go away I will take you into custody"—I first saw Pearce and Dye that night between the two railway bridges in the Mornington Road—I lost sight of them just at the angle of Gloucester Crescent—we were then in the Mornington Road—I saw Hayes go into the garden five or six minutes afterwards, as near as I can tell—I did not try the door of the garden in Gloucester Crescent; I will not undertake to say that Hayes did—I was on the opposite side, the right hand side—we con sulted together after we lost sight of them, and I went to search the gardens on the right side, to look over the walls into the gardens on the right, and Hayes on the left—I suppose there are about a hundred houses in Gloucester Crescent—I cannot say how many gardens I searched before Hayes came to 63—I had not gone into the different gardens over the walls—I looked over the walls and listened to see if I could hear anybody—Hayes called out, "Here they are," or something to that effect, and I immediately turned round and went over to 63—the gate was at that time shut—I did not try it—I pur sued Pearce—Pearce came over the wall, and I pursued him down the Crescent towards Park Street, and took him in custody—I did not bring him back quite to 63, one or two doors this side of it—I was taking him back when I saw Hayes coming towards me—I was not in the garden at all until I came back from the station—I first saw the knife in Hayes's hand as he was coming towards me from the garden—he had got Dye by one hand and the knife in the other—I did not say at the Middlesex Sessions, "I then took Pearce to the station-house; at the station-house the knife was produced by Hayes"—that is not word for word correct—"At the police-station Hayes produced the knife" is correct—"Dye said, ‘That is my knife,' and Pearce said, 'Yes, I sharpened it for you," that is correct—we took the prisoners along this route, on which we should meet seven policemen, in preference to that on which we should only meet two, because there is such a thing as prisoners being rescued—Hayes never shut the knife but carried it in his hand the whole way to the station—the route we came to the station is the route that the section is marched from the station to the beats—I had Dye by one hand, and my other hand was engaged by my umbrella—I did not know that the window was open till I came back at three o'clock in the morning—I did not think it necessary to go back with Hayes and examine the premises when he brought the boy out of the premises—I had a watch—we got back to this garden at three o'clock in the morning, as near as I can calculate—I communicated with the police-man on the beat as soon as I saw him, a few minutes afterwards—his name is Burke, 32—he would know the time we arrived there—we were not in the garden all the time from three o'clock in the morning till five—we came out of the garden at three, with Burke—we went away from the garden, but remained in the immediate neighbourhood, in the Crescent—we felt assured that no entry had been made into the house, and that is the reason why we did not alarm the inmates—we did alarm the inmates at about five o'clock—I said before the Magistrate that one of the then de fendants gave a false address—he gave the address, 18, Bayham Place—I inquired there and found he did not live there—I did not try the next house or the opposite side of the street—I did not try 18 A , but I must tell you that I asked the person who opened the door at No. 18 if a person named Dye lived in the house; he said "No"—I further asked him whether there was any other 18 in the place, and if he knew a person of the name of Dye, and he said "No." I described Dye, and asked him if he knew such a person or not, and he said "No"—I did not inquire whether there was an 18 A or not—Bayham Street is not on my beat or in my division at all—I first found he lived at 18 A after the proceedings were taken at the Middlesex Sessions—I won't undertake to say when I found it out—I know that I found out that he lived at 18 A afterwards, but I don't re collect when I found it out—I am not positive that I did not find out that he lived at 18A before the remand; I cannot say when I found it out—I don't know how Pearce got out of the garden, I saw him coming from the garden—I don't know how he got out. MR. SERJEANT BALLANTINE . Q. With regard to Davey and Davis, whatever you may have learnt since, did you know anything of them before? A. No—I did not know their business or what they were. COURT . Q. I understand that the depositions were all concluded in this case at the first examination? A. Yes—they were formally committed for trial, and remanded for a week, merely to see if there were any fresh charges. JAMES WEBB ( Superintendent of Police ). I have been in the police force twenty-four years—supposing an attempt had been made to enter a house by breaking the window or otherwise, and the constable felt assured that there was nobody in the house, it would be his duty not to alarm the premises at the time, but to take the prisoners if he found them there direct to the station—if he were thoroughly satisfied that no entry had been made it would not be his duty then to alarm the inmates, but to remain and call them up at a reasonable time—I am superintendent of the Y division—those are the instructions I give—certainly, I believe they are the general instructions through the whole of the police force. Cross-examined by MR. SLEIGH . Q. Are they in print? A. I am not aware that they are actually in print—they are general instructions given to the police, to each man who enters the force—I am not aware that such instructions are in any book issued by the Police Commissioners—it is certainly a constable's duty, after taking the men in custody under the cir cumstances which these men state, to go to the station with their prisoners, and not to communicate with the policeman on the beat till they return, because it would be very dangerous for him to wait till the constable came round, the constable might be detained—I think under the circumstances it would not be right for him to wait for the policeman on the beat—it is impossible to tell what companions they might have—the principle is, when a policeman gets a man into custody to keep him there, and prevent him from escaping. EDWARD SMALL ( Policeman 80 S ). On the night of 30th August I was on duty in plain clothes—my beat leads me towards Mornington Road—I met Hayes in plain clothes about twelve o'clock, a little this side of the Mornington Road, in Stanhope Street—that is not the Stan hope Street by Gloucester Crescent, but the Stanhope Street between Mornington Crescent and the station—he called my attention to two lads who I had seen four or five minutes before I saw Hayes, about the middle of Stanhope Street, they passed me walking up the left hand side of Stanhope Street—they were going towards the Mornington Road when I saw them—when Hayes called my attention to them he asked me to go to the station for Barry—I reached the station about twelve, as near as I can guess—I gave a description of the two men and what Hayes told me to the inspector on duty, Sergeant Bendall—I saw Barry leave—the next morning, at six o'clock, I saw Pearce and Dye in the cells, and recognised them as the two who passed me on the previous night—I am quite sure of them—I went part of the way with Barry, but he left me and went on to Hayes—when I described the men at the station to the inspector a constable named Geddings was there. Cross-examined by MR. SLEIGH . Q. How were these police constables dressed? A. In dark clothes both of them—I am quite clear about that—neither of them had an umbrella when I saw them—I did not notice anything in their hands—I believe that both of them had overcoats—I knew the lads Dye and Pearce by sight before, by seeing them about the neighbourhood—I did not know them by name—when I went to the station in the morning I had heard that the two lads had been taken in custody on a charge of burglary—I cannot say who told me; it was talked about—I did not describe them then, but when I went for Barry—they were each in a separate cell. CLEMENT DAVEY . I am the inventor of the new improved method of American polishing—I am likewise a French polisher—I work at 48, Little Albany Street—I was out on the night of the 30th August—I was going down with the intention of going to Mr. Burrows's public-house—I went along Park Street—I remember being at the corner—I should think it was more than a quarter past one—I saw some men bringing two boys across the road—I crossed over on the right-hand side of the way. COURT . Q. Where were they going towards? A. Down the Morning ton Road, crossing Park Street, going towards the Mornington Road. MR. SERJEANT BALLANTINE . Q. Have you seen these people since? A. I saw them at the Marylebone Court—the prisoner is one—I went up and asked what was the matter—they pushed me, and told me to mind my own business—they kept along Mornington Road—I followed them—I turned up the little bridge running across into Augusta Street—they went on—I did not know the prisoner before—I did not know Barry before—I never saw a woman with them. Cross-examined by MR. SLEIGH . Q. A French polisher you call your self? A. Yes, that is my trade, that and an American polisher—I do a little on the banjo, according to where I am asked—I don't go to be paid, I go voluntarily—I don't take what is given to me ( handing in his card )—I sometimes go to public-houses and play the banjo for the benefit of work ing men—you cannot call them free and easy's when they are called con certs—I don't think they are called friendly leads, not always—they are sometimes called friendly leads—a friendly lead is for the benefit of work ing men out of employ or in distress, and when you go there you pay your money just as any one else—I don't know another interpretation of a friendly lead—I never heard before that a friendly lead was an assemblage of persons for the purpose of subscribing for the defence of persons charged with offences—the difference between a free and easy and a friendly lead is that a free and easy is at a common public-house in the tap-room, or something of that kind, but a friendly lead is a room got for the express purpose by the United Friendly Lead Society—the only friendly lead society I know is in the Caledonian Road—I first spoke about this matter after the 29th September—I did not see the lads at the police-court to my knowledge—it was after I had read in the newspaper on the 29th Septem ber the examination of Pearce and Dye that I said, "It's a shame for those young men to swear as they did against those constables"—that was the day after Pearce and Dye were tried at the Middlesex Sessions—I read the trial, and said that to Magett—the part I took the most notice of was where they said they were taken in Eversholt Street—I remember reading that Pearce and Dye swore that against the constables, and that is untrue—I cannot recollect which of the two boys were examined first, I never think of anything—I remember reading that each of them gave his evidence before Mr. Payne at the Middlesex Sessions—I remember reading in the paper that these lads said they were taken in Eversholt Street—I did not know Pearce and Dye before, or Barry and Hayes—when I said upon the last occasion here, "I remember saying to Magett it's a shame for these young men to swear as they have done against those constables," I meant by "those young men" Pearce and Dye—I meant when I said that, the false evidence given before Mr. Judge Payne—I remember read ing that each of them swore he was taken in Eversholt Street—I don't carry a newspaper in my head to recollect, and my business carries me somewhere else—to the best of my recollection I told you I remembered reading it—the first time after the night when I again saw Pearce and Dye was when you asked me to pick out the men I saw in charge, and I did so according to your wishes—from the night in question until in Court that day I never saw either of them, and one of them I picked out and the other I made a mistake about—on the last occasion you asked me whether I had seen either of them outside the court that day, or whether they had been pointed out to me, and I said I never had them pointed out to me, and I was rather surprised to hear you ask such a thing—I know a person named Longland; I employ him occasionally—he is not in my employment now—I did not read the account of the trial of the lads to him, or in his presence, nor did he read it to me—I did not mention it to him—he had some conversation with me; that was after I had spoken to Magett—I cannot explain to you the day I mentioned it to Magett; it was after the 29th—it might be a week after—I should not think it was longer than that—I did not say in conversation to Longland that I hoped the police would be punished for what they had done—there is no mistake about my knowing the man, but it is utterly untrue that I ever made any such ob servation to him—I know the man well—I have employed him, and he has always done his duty to me, and I have done my duty to him—I had some conversation with him, but I said nothing of that kind. MR. SERJEANT BALLANTINE . Q. You have been asked as to reading the account of the trial at Clerkenwell Sessions, do you remember what paper it was? A. I think it was the Telegraph —I saw in that account Eversholt Street mentioned—I saw about Dye and Pearce being taken there, and all I know is that they tell an untruth, for I saw them coming across Park Street—I did not notice the names of the persons who were examined as witnesses—I did not pay that particular attention to it—the banjo is a musical instrument—it is an importation from America—I play the banjo and teach it to lads and people that like to learn—the name of the society for which I play is the "United Kingdom"—I am not paid for playing on these occasions—they are for the benefit of the working man who wants assistance—supposing a man dies and leaves a widow and children destitute, these concerts are given for the purpose of relieving them. COURT . Q. You began to say how it was you went to Magett? A. One of my men was charged with being concerned with two others in a robbery—after the 29th I asked Mr. Magett how lie had got on—then it came out in conversation how I came to see it—then I was summoned at the Marylebone Court. HERBERT ALFRED KING ( Policeman ). I have been in the force between three and four years—I was on duty on the night of the 30th August in the Mornington Road—I remember at about a quarter past one in the morning of 31st standing at the corner of the Mornington Road and Stan hope Street—that is facing the Edinburgh Castle public-house, not by the bridge over the railway—I saw Hayes and Barry—both had a prisoner—they came from the direction of Gloucester Crescent—they were about a hundred yards, it may be a little further, from Gloucester Crescent at that time—they went towards the Albany Street Station—they were both dressed in dark clothes. Cross-examined by MR. SLEIGH . Q. Had either of them anything in his hand? A. I did not notice—I was not near enough to distinguish—they were on one side of the street and I on the other—there was gas light—cannot remember whether it was a clear night—I don't remember whether it was very light—there were gas lights, as there always are—I cannot say whether it was nearer one or half-past one—it might be about a quarter past one—I went to the station off my beat at six o'clock in the morning of the 31st—I gave information about what I had seen on the night of the 30th or 31st when I was called upon to report what I knew of the affair—that was after the trial of Pearce and Dye—some time between that and the trial for perjury—I was not called upon to mention it until the time I was called upon to make a report—I don't remember having said anything about what I have said here to-day until I made the report—there was a general order sent round to the police on my beat to make a report as to that night—I cannot remember whether it was after these two men were examined before the Magistrate at the police-court and com mitted on a charge of perjury. MR. SERJEANT BALLANTINE . Q. Were you on regular duty at this time? A. Yes, on night duty—the superintendent required me to make a report—I was required to report what I was doing, and where I was on the night these persons were taken into custody—I sent in my report when I was called upon to do so—I am quite sure about the night—I am quite sure about the parties. COURT to DAVEY . Q. Did you notice the way in which these persons who had the boys in custody were dressed? A. Yes, they were dressed in dark clothes—I never took that notice to see if either of them had any thing in his hand—Hayes pushed me, Barry was on before. EDWARD CHARLES DAVIS . I am a surveyor, lodging at Stanmore Place for a week or two—I was out on the night of the 30th August—I saw some persons bringing two lads in custody—I came over from Augusta Street, and when I had turned the corner of the bridge I saw some persons coming down the road, and, it being light, I looked to see who they were—one was a constable—I did not know his name at the time, but I now know it to be Barry—he had a prisoner by his side—I then passed up the Mornington Road, and when opposite Mornington Street, a short distance further on, I saw Hayes, whom I know, come with a prisoner on his left hand side. Cross-examined by MR. MONTAGU WILLIAMS . Q. Where had you been on the evening in question? A. To Hammersmith and Kensington—I went to the house of one of my relations, but found him out, not returned from France—I did not see anyone at Kensington, my parents' house—after I left my pa rents' house I went to the house of a friend of mine, of the name of William Fraser, No. 6, Mundon Street, Hammersmith—I stayed there about two hours—I got there about five or six, and stayed there till eight o'clock—I then met several of my friends, and had a glass of ale with several of them—I also went to Taylor's, in Church Street—I saw Mrs. Taylor—I was there, say from about six up to eight o'clock—Hammersmith was my last place to come back to—I went to Hammersmith first, and then went to Ken sington, and stayed there till about eight o'clock—after I left at eight o'clock I went to Fraser's and stayed there till ten—I saw Mr. Fraser—after I left Fraser's I went to the Hand and Plough, and there met a man named Carpenter—that is near Kensington station—I was intending to take a train back—I stopped to be two or three minutes late for the five minutes to eleven train from Kensington—I missed the last train from Kensing ton, and then had to walk down to Hammersmith and take the train at Hammersmith—the train left, supposing it to leave at its correct time, at twelve o'clock—I got out at the Portland Road station—I should say that the time was then nearly half-past twelve—I think that is about the time the train took—I proceeded up Albany Street, and then with a fellow-passenger went in and had a glass of ale—I travelled third-class with the fellow-passenger—I got into conversation with him and went with him to have a glass of ale in Albany Street at a house on the right-hand side—I left the public-house in Albany Street, just at their closing up-time, at one o'clock—I came direct from Albany Street, turning up the next street, and then round through Cumberland Market and up Augusta Street. Q. You have been examined before; is this correct: "I am a surveyor, and live at West Hendry, near Wantage, Berkshire; about half-past one o'clock on the morning of 31st August I was returning home?" A. Yes, from Hammersmith—it is correct that the time was half-past one, or a few minutes before perhaps—I said I resided at Wantage—I had been there five days—I left my address at the police-station, and also at my lodgings—it was at the house of Mr. G. K. Reeves, West Hendry, near Wantage, Berks—I was down there as a friend, and most likely should reside there all the winter—I had apartments of course, I was staying with a friend—I must have lodgings to transact business in London—I was keeping in lodgings in London, and staying at Wantage—the address was No. 2, Mansfield Terrace—I had only been there two or three weeks; in fact, family matters prevented my living close there—I had only one room—at the time of the occurrence I certainly was not living at No. 3, Stanmore Place, Grove Street, Camden Town—I was at West Hendry when I had the subpoena—at the time I gave my evidence I was living at No. 3, Stanmore Place—I have been living there from about the middle of Sep tember—I am a surveyor and licensed appraiser—I am lodging at this place, in Stanmore Place, until this affair is over, but I don't take any meals there—I occupy a furnished room there at 5 s . a week rent—I stated upon the last occasion, "My address now is, No. 104, Carlton Street, Camden Town," because I there have apartments the same as I always had—that is where my letters or anything of that kind go to—it is true that No. 104, Carlton Street, may be considered my address—I have had apart ments there two years, and that is where all my communications for business go—I have the room at Stanmore Place because I have been subjected latterly to an annoyance from a certain female—the other is where I pass my day and transact my business—I do not pay any rent for No. 104, Carlton Street—I have got an arrangement with them—I have lived there two years—I cannot charge my memory when was the last time I paid rent for No. 104, Carlton Street—I have done so within the last three months; somewhere about 15th September I was paying 6 s . a week rent—I think I have not paid any rent since 15th September—it was about 15th September when I went to reside at Stanmore Place—I am a surveyor, and have been employed by Government in an Admiralty case, and also two or three police cases—I was last employed by Government in January, 1863—that lasted two or three months—that was the Acton murder case—I have also been in several police cases—I had on a card that I was agent for publicans' brown earthenware jugs—I did that for a man in my employ, so that if he could sell any I should be responsible for the money—I never sold any—I have never been a "dealer in every description of glass, of No. 104, Carlton Street, Camden Town"—I have never been in the police; I repeat it: never—I know some of the police—I know Hayes, and did then, to speak to—I have on certain occasions drank with the police, with those of superior rank—I told my landlord when I went into the country to Wantage that I was going down, and left my address—I did not say I was going for three days—I did not know when this case would come on at the Marylebone Police-court—this paper ( produced ) is my writing—I did not at the time I left this address tell Mr. Green, my landlord, that I was going into the country for three days to my brother's—I said to Mr. Green I was going into the country—my sister went down with me, and my brother was not with me—it is not a fact that when I went to live at Mr. Green's I was in such a distressed state that I had not a change of linen—I had new shirts, new linen—I have been living with a woman named Bullen—I am not a married man—I don't know that this woman Bullen is the wife of a cabman—I first met her about the beginning of last March—I knew her eight or nine years ago—I have heard since this inquiry that she is a married woman—in con sequence of her conduct I broke up my home and sold off—I do not know who she is—when I went into Mr. Green's apartments I did not give a reference—I was not required to do so because his father-in-law or grandfather asked me to come and take the place—I distinctly state that I gave no reference when I took the rooms at No. 104, Carlton Street—I gave the name of Rush, and a reference to Rush, No. 104, Carlton Street, when I went to Mansfield Terrace—I do not know that the landlady of No. 2, Mansfield Terrace, went there for a reference—I told her that I had been living there for two years, and five years before that I lived with them before—I do not know that Rush refused to give me a reference—it does not seem probable, because he wished me to stop with him—the land lady of Mansfield Terrace never said that they had refused to give a reference. COURT . Q. Did they take you in as a tenant? A. Yes. MR. MONTAGU WILLIAMS . Q. Is it not a fact that you were obliged to keep away and go down into the country to Wantage, on account of a judgment summons being out against you from the County Court? A. There was only one judgment out against me for 1 l . 10 s .—I have been in the habit of acting as a debt collector—I know a person named Coates—he has employed me to collect debts for him—I have collected debts for Mr. Coates which I have omitted to hand over to him: only one—I don't know the exact amount, several pounds—I don't know when I collected this—I cannot charge my memory with the exact sum—there are two other sums which I have omitted to account for to different people—Mr. Taylor is one—he employed me to settle an account—I handed him over a portion, and retained back what I considered due for my services—he employed me for the purpose of collecting money, but also to settle the value of the work with the party—I received 3 l . on behalf of Mr. Taylor, which I omitted to hand over to him—the sum I collected was about 10 l . Q. Did you think yourself entitled to the sum of 3 l . for collecting it? A. It was a disputed builder's account—I had to go over the items and mea sure the work—for a 10 l . account I charged 3 l .—I handed over the 7 l ., all but the 3 l .—I told Mr. Taylor at the time that I thought I ought to de duct the 3 l .—I believe there was a judgment against me for the amount—it never came to my knowledge—I know I was summoned, but I did not appear to make a defence—some little accident happened that day, so that I did not appear—I know Mr. Evans—I have been employed by him to collect money, and he is paid—I paid it into Court last Wednesday morning—I collected it some few weeks back—it might be a couple of months back—he only applied to me once for it—he took out a summons against me, and there was a warrant out against me—the officer came and executed it—it was after the warrant that I paid the money—I know Mr. Williams, a corn chandler—I collected debts for him and they are paid over—I collected them, it may be, twelve months ago, and I think shortly after I paid them, a month or six weeks after—there was not something awkward about that warrant—I was not threatened with an indictment or with a criminal prosecution—I swear it—a demand was made, and then it was paid—it was not paid at the first demand, and I cannot say whether at the second or third—I don't believe there were more than two demands. Q. Do not you know that your father paid that money under pressure? A. They might have told him they were going to—I was present when it was paid—my brother and myself paid it—I don't know the amount—it was about 10 l .—I cannot charge my memory with the exact amount which I paid—I have certain money allowed me from my father—it was paid out of my allowance—I got it advanced at the time—the whole of it came out of my pocket, if it did not at that moment—the whole is deducted from my income—that is the only answer I can give you—I know a Mr. Reed—I collected money for him—he lives in Eversholt Street—I collected 3 l . or 4 l . for him: 3 l ., or somewhere thereabouts—I did not pay it over—I had a dispute about it—he has never asked me for it or applied to me since—I collected it nine, ten, or twelve months ago—I never handed it over—I mean to say he never applied to me for it; yes, he applied once by letter—I recollect I had a letter asking for it—I answered the letter, promising to pay—I have never fulfilled my promise—I have been to the Bedford Music Hall as a friend of the chairman, but I have never filled any position there—I have acted for half an hour if the checktaker was away, out of friendship for the proprietor and conductor—I went there for amusement—I decidedly say I have never been in the police—I never used to walk about with a policeman's or inspector's cape—I am well known to the police of the T division, in consequence of that trial, when of course there was a number of policemen—I have had a glass of ale with Hayes since the first trial—I should think once only—I mean to swear that—I cannot recollect where it was—I am not at all sure—I think it is most probable that it was at the Stationers' Arms—I first made mention of this matter, seeing Pearce and Dye on this night, after the trial at the Middlesex Session—I first saw it in the Saturday paper. MR. SERJEANT BALLANTINE . Q. Having seen the report in the paper, you communicated at the station what you had seen? A. Yes—I have no interest in the police, no promise of an appointment of any kind—I have never held anything in any way, or received anything from them of any kind—in the cases where I was a witness I was paid by the Treasury, but from the police I have never received anything—I have had summonses from County Courts for sums of money—I have not had quite so much work at I should like to have during the last twelvemonth—my father is a person of some position at Kensington—my first cousin lives at Wan tage—I left my address at the police-station, and was subpoenaed from Wantage—my sister was staying there—she is not present with me in court to-day—she is down there—I saw my father here to-day—he knows of my being down there—the postman would know that I was down there. COURT . Q. You mentioned you were employed by the Treasury? A. Yes, to make a plan in the Acton murder—I have been employed by the Treasury in two or three cases before Mr. Bodkin—I have never been a witness in any other case but this as to fact. JOSEPH DAVIS . I am a builder, and live at Kensington—I remember my son going to Wantage—I took him in my carriage to the station, and my daughter went with him, first-class, express train—I don't know the day: it was the day he spoke of—he went to visit a very respectable friend, quite above imputation. Cross-examined by MR. SLEIGH . Q. You don't remember the day nor the hour? A. No. COURT . Q. Do you remember the last trial? A. Yes, it was about that time—it was before the last trial—my daughter is not here to-day. DAVID SINCLAIR ( Policeman 66 S ). On the morning of 31st August I was on duty at Stanhope Street, at the corner of Rutland Street—I saw the two policemen Hayes and Barry—each had got a prisoner in charge—the time was about half-past one—they were bringing them from the direction of the Mornington Road, going in the direction of the Albany Street station—Hayes had a knife in his right hand—he was holding the prisoner with the left—both of the policemen were dressed in dark clothes—I did not notice a woman following them—if there had been a woman following them, I should have seen her—I do not know Phoebe Glue, I have seen her. Cross-examined by MR. SLEIGH . Q. Were you on the same side of the street or the opposite side? A. I was on the same side as they came along Stanhope Street—it is Stanhope Street, Hampstead Road—I was at the corner of Rutland Street—I did not notice an umbrella in the hands of either of them—I passed them on the same side of the street, on the pavement—I must have seen it if either of them had an umbrella. GEORGE STAACOMBE ( Policeman 13 S ). I have been in the force be tween eight and nine years—on the morning of 31st August I was on duty in Cumberland Market—Sinclair was with me—I saw Hayes and Barry crossing Cumberland Market—they were dressed in dark clothes—two prisoners were with them—I saw a knife in Hayes's right hand—he was holding the prisoner with his left—I know Phoebe Glue—she was not there—I followed them to the station—I remained at the station—I relieved Sergeant Bendall—I heard the charge read over to Pearce and Dye—it was, being in enclosed premises in Gloucester Crescent—Sergeant Bendall read it over—the place where the charge was read over was rather a large room—it was not half the size of this room—there was about two or three yards between the dock and where the charge was taken—the prisoners were within three yards, and must have heard the charge read over. Cross-examined by MR. SLEIGH . Q. Was it about a fortnight after the defendant with the other was charged with perjury at the police-court that you made any mention of what you saw at the time? A. We were all required to make a report—I don't remember exactly the date—I re member them being examined upon the charge of perjury before Mr. Mansfield at the police-court—I won't be positive that it was after that I made the report—a request was sent for each of us to make a report of what occurred on the night in question, and what we knew of the case, of this case of Hayes and Barry coming to the station on the night of 30th or the morning of 31st August—it was near about the time of the trial at the police-court—it certainly was not after the trial here—I cannot say whether it was after the trial at the Middlesex Sessions—I was not at the Middlesex Sessions—I think neither had an overcoat—I believe I spoke to Sergeant Bendall before I made the report—I cannot say exactly when, at different times no doubt—I was at the Marylebone Police-court on one occasion, I think when the policemen were there—I cannot say whether either of the constables had an umbrella in his hand—I was ten or twelve yards from them, perhaps twenty—I got close to them in Albany Street—I won't be positive whether either of them had anything in his hand besides the knife spoken of—I won't say whether he had or not. MR. COOPER . Q. Is that your report? ( Paper handed to witness .) A. This is my signature—I speak of what I knew of the case—as to whether I had seen Hayes and Barry—this is the report I sent in—it agrees with my evidence to-day. MR. SLEIGH . Q. What part of this is in your handwriting? A. The whole of it, except a little bit—I have no idea in whose handwriting these alterations are—I signed it before those alterations were made in it—in its altered form, with those interlineations, I have never seen it till now. JAMES SMITH ( Policeman 150 S ). On the night of 30th August I was stationed in Cumberland Market—at this point these two young men passed me—I saw a knife in the hand of Hayes—I did not see any woman following them. Cross-examined by MR. SLEIGH . Q. Did you observe an umbrella in the hand of either of them? A. I think not, I did not notice—I was four or five yards from the defendant, perhaps not so much—one of them might have had an umbrella in his hand, I did not notice it—I did not say any thing about this matter until after I was called upon for a report—I could see the colour of the handle of the knife—it was a white handled knife. MR. SERJEANT BALLANTINE . Q. How was it you could see the colour of the knife? A. I saw a portion of the handle—there was nothing in this matter for me to report unless I was called upon to do so. WILLIAM PEARCE ( Policeman 63 S ). I remember the night of 30th August—I saw Hayes and Barry bring two prisoners into Albany Street station on that night—I was in the charge-room—I have been fourteen years in the force—as near as I can tell, the time was half-past one—as soon as the prisoners were placed in the dock Hayes showed me the knife and said, "How would you like a bit of this?"—they had not been searched at that time—the knife was open—I have no doubt at all about this—when Hayes showed me the knife Dye said, "That's my knife;" Pearce said, "Yes, I sharpened it for you"—I did not see any woman apply at the station to come in—if she came to the station door I must have seen her—if an application had been made by a female to come in I should have kept her waiting till the charge was taken, and showed her then to the acting inspector and enabled him to use his own discretion—no woman applied—I was present when Small came for Barry—the time might be five minutes past twelve or so. COURT . Q. What time did you go on duty? A. Ten o'clock. Cross-examined by MR. SLEIGH . Q. You were standing on duty outside the door? A. I was in the charge-room I said—I was not at the door of the station when they came in—I was not at the door in Little Albany Street—I was standing in the charge-room, so that I could see from where I was standing—I did not say upon the last examination here, "I was at the door of the station when Hayes and Barry came in with the two men"—I said I was in the station—I never said anything about being at the door—what you have read over to me is not correct—I was inside the station—inside the door—Hayes drew my attention to it; I don't know whether Sergeant Bendall heard it or not. Q. How long had they been in the station when the knife was produced by Hayes? A. There was just time for me to shut the rail down—the knife was so that it could have been seen by any one in the station—I cannot be positive as to how these men were dressed; I know they had no overcoat on—I cannot answer for their having any umbrella in their hand. THOMAS GRAY ( Policeman A 748). I have been in the police force just about six years—I was on duty in Camden Town on the night of 30th August; I had to report myself at the Albany Street station at half-past one—I did so—when I came to the station I saw Pearce and Dye in the dock, and Hayes and Barry—I heard Sergeant Bendall read the charge over to them—one of the young men made answer and said, "I never was near the place," I think those were the words he made use of. Cross-examined by MR. SLEIGH . Q. Had you returned into the station before they were brought in? A. No, they were in the dock when I came in off duty—Hayes and Barry were, I think I remember, dressed at they always are dressed, in dark clothes—I have never seen either of them in a light coat—upon that night neither had a light coat—I cannot say whether they had undercoats or overcoats—I think they were dressed in dark clothes—I cannot remember seeing them dressed otherwise—neither of them had anything in his hand when I saw them—neither of them had an umbrella—I reported on this affair when I was called upon to make a report—before I was called on to report I spoke to Hayes about it—I spoke to several of our men about it, among ourselves at the station—I remember the constables being summoned—before they were charged with perjury I made no report of it; I spoke of it. Q. When one of them said, "We never were near the plaee," what place had been mentioned to them or read over to them? A. Sergeant Bendall read to them, "Charles Pearce and William Dye, you are charged with being, found in a garden in Gloucester Crescent with intent"—I think that was the charge which was read over to them; upon that one of them said, "We never were near the place," or some words to that effect—I don't recollect whether they said where they had been—I think one of them said that they were taken in Eversholt Street—I think it was the dark one, Dye, who said that. JAMES COLLINS ( Policeman 743 A. ). From ten o'clock in the night of 30th August till half-past one on 31st I was on duty on the beat of Eversholt Street—I patrolled Eversholt Street about every quarter of an hour or twenty minutes—I did not see upon any occasion that I was there Hayes or Barry there—I did not see any persons taken in custody in Eversholt Street—it is the duty of a man of the S division to go into Eversholt Street, besides myself on the other side of the street—from every quarter of an hour to twenty minutes it would be this constable's duty to patrol the street—there would not be a policeman out of the street more than ten minutes or a quarter of an hour—I did not see any of these parties in the street—to my knowledge there was no disturbance there, or person of any kind taken in custody—my beat is Eversholt Street, doubles Lid lington Place, down Seymour Street, up Bedford Street, and round Ampt hill Square, and so round again—that was my route unless something in the way of business stopped my continuing it—I reported myself at half-past one, and then found these young men in custody—I saw them in the dock—I had been in Eversholt Street about one o'clock—from Eversholt Street I went up Lidlington Place and came down again, I doubled that, I went down one side of Lidlington Street and came up the other; I then went down Seymour Street and then to the station. Cross-examined by MR. SLEIGH . Q. The distance between the portion of your beat which is Lidlington Place and Eversholt Street is about one hundred yards, is it not? A. I cannot exactly say the distance—I can not say how many houses there are from the corner of Eversholt Street and Gloucester Place to Lidlington Place—I cannot say whether from the corner of Gloucester Place to the corner of Lidlington Place is more than a third of the length of the Old Bailey—the men were in the dock when I got to the station—I believe the charge was being taken—I only went to the room door—I believe the officers were dressed in dark clothes—I was not there more than a minute—I did not hear what was said by anybody. CHARLES HODGKINSON ( Policeman ). I was on duty in plain clothes from twelve o'clock on the night of the 30th August till six o'clock on the 31st—I was patrolling the first and fourth sections, S division—it includes Eversholt Street and Ampthill Place—it does not take in Lidlington Place—it takes in Addington Square—I have to go out of it, but still it does take in that—the first and fourth sections is Regent's Park Terrace, Cumberland Market, Munster Street, one side of Stanhope Street, Seymour Street, Ampthill Square, Harrington Square, and Eversholt Street, not Morn ington Crescent—if I saw anything that took my fancy it might take me four or five hours to patrol the two sections—I could do it in an hour or an hour and a half—I was in Eversholt Street and Ampthill Square that morning from about forty-five minutes past twelve to ten minutes to two—if there had been the slightest disturbance in Eversholt Street during that time I must have heard it: in fact, from where I was stationed, if a shadow were seen I must have seen it, and if you had cried out I must have heard it—this is my second year in the force—the man with the fire-escape is stationed a few yards out of Eversholt Street—I could not say exactly to a yard—I did not notice him particularly that night. Cross-examined by MR. SLEIGH . Q. The beat you have described is evidently a long beat, the first and fourth sections of the S division, tell me, there being nothing to attract your attention, how did it happen that you were at Eversholt Street, and close to it for the time you have described? A. In consequence of a burglary having been committed a few nights previously in Hawarden Place—I have told you I was about Ampthill Square and Eversholt Street from forty-five minutes past twelve to ten minutes to two—when I was examined here on the last, occasion I did say that—I swear to it. MR. SERJEANT BALLANTINE . Q. And you swear to it again to-day? A. I do. JOHN GEDDINGS ( Policeman 75 S ). I was on the beat in the neighbour hood of Eversholt Street on this night in plain clothes—from before one o'clock till about ten minutes to two I was in company with Hodgkinson—nothing occurred to direct my attention in Eversholt Street during that time—if any persons had been taken into custody I must have heard it—I am able to say positively that nothing of the kind occurred. Cross-examined by MR. SLEIGH . Q. Was it your duty to accompany Hodgkinson on his beat? A. We were both together in plain clothes—I did accompany him: wherever he went I went—we were not on the beat—we were patrolling the first and fourth sections—we commenced about twelve o'clock—we went first, as near as I can recollect, down Rupert Street into the Hampstead Road; from the Hampstead Road we turned to the right, along Euston Road, and back into Osnaburgh Street—it is about half an hour from the station to the furthest extremity we went that night—we went from Osnaburgh Street about half-past twelve, round Tomlin Square, into Ampthill Square some time about one o'clock—we stopped in that neighbourhood, walking backwards and forwards and standing still, till about ten minutes before two, just before that—we got to Ampthill Square a little before one, about a quarter before one, something like that, Q. Then you stayed there till ten minutes to two? A. The clock struck two when we got into the Hampstead Road—we were not compelled to walk fast—the fire-escape station used to be against the Southampton; now a piece of ground has been allowed for Cobden's monument, and it stands in front of that—in August last I believe it was where it is now, in front of Cobden's monument—it is exactly facing Eversholt Street, between the end and the end near High Street—there is no house to it at all, certainly not; only a mere box for a man to get into, very much like a sentry-box, for the man who takes care of the escape—I did not say any thing about this matter till I was called upon to report after the constables, were charged with perjury at the police-court. MR. SERJEANT BALLANTINE . Q. Were you desired by the Police Commissioners to make a report of where you were that night? A. Yes, I made a report. MICHAEL HEATH ( Policeman 305 Y ). I was on duty from ten o'clock at night on the 30th August till six o'clock next morning—my beat led into Eversholt Street—I came to the end of Eversholt Street every quarter of an hour—I could see Eversholt Street from my beat—during the whole of my beat I did not see Hayes and Barry—I did not see four men going together—if anything of that kind had occurred I must have seen it; very likely. Cross-examined by MR. SLEIGH . Q. Did you say what you had seen, or what you had not seen, till after you were required to make a report? A. Yes—I am not to speak to any officer except the sergeant on my beat—Oakley Square, leading into Eversholt Street, is on my beat—I spoke to a constable that night while I was upon my beat who was on duty at one side of Eversholt Street—he is now in Australia—I spoke to no one else except the sergeant. SAMUEL WINTERBURN ( Policeman 104 S ). I remember the 30th August—my beat is Eversholt Street and Lidlington Place from ten o'clock till six o'clock—I have to walk along part of Evereholt Street every twenty-five minutes—during the whole of that night I did not see Hayes or Barry. Cross-examined by MR. SLEIGH . Q. Just tell me how long it took you to go through the beat? A. Twenty-five minutes—I saw there that night 75, Geddings, and a man named Hodgkinson, about half-past one, in Ampthill Square—I remained in Ampthill Square about ten minutes—I cannot say what became of them, or say which way they went—I was on my beat, and left them—they were standing there when I passed down my beat, and when I came back—I worked my beat regularly in twenty-five minutes—they were not there. THOMAS BURKE ( Policeman 122 S ). I was on duty in Gloucester Crescent on the 30th August—I went on duty at ten o'clock—I have a regular route to go—it consists of Gloucester Crescent, Park Terrace, and Gloucester Place—walking at the pace policemen generally walk, it was a round about twenty minutes long—I saw nothing of these lads at the time they were taken into custody—I afterwards saw Barry and Hayes—I had no watch with me—I saw them between four and five in the morning of the 31st—I did not see them at all earlier than that—they told me what had taken place, and that they had two men locked up for it—they pointed out the window to me—they told me there had been an attempt at burglary at 63, Gloucester Crescent, and asked me to examine the garden and the premises, and I did so—it might be twenty minutes past four o'clock—I went off duty at six o'clock. Cross-examined by MR. SLEIGH . Q. You went on duty? A. At ten o'clock—it takes twenty minutes to go my beat if there is nothing to detain me—nothing detained me on that night that I am aware of—I would go round Gloucester Crescent three times in each hour—between the time I have mentioned as going on duty until twenty minutes past four in the morning I saw nothing of Hayes and Barry—I saw them close to the top of Regent's Park Terrace—not exactly at the house No. 63—I cannot exactly say the time it took looking at the premises—it was some time before we got an answer when we rang the bell—as far as I can tell it occupied twenty to twenty-five minutes looking round the garden—it was about a quarter to five, to the best of my belief, when we went to Mr. Doll man's house—the gate was one we could open—we opened the gate by turning the handle—at the time I got there the gate was merely closed, not locked—I cannot exactly say whether we got in by giving it a push—it was opened by catching hold of the handle—I did not examine the gate, and find that it would not actually fasten. MR. SERJEANT BALLANTINE . Q. You did not disturb the inmates at once? A. No, not till the premises were examined—nothing passed between us as to the propriety of waking up the inmates until after we examined the premises—there was then some conversation as to the propriety of waking up the inmates—they told me they thought it too early—they remained with me after that—they did not separate—I made a report to the Commissioners. JOHN EDWARD BARBER . I have charge of the fire-escape in the neigh bourhood of Eversholt Street, the Camden Town station—it is opposite the end of Eversholt Street—it is my duty to be there, in case it is wanted, from eight at night till seven in the morning eight months in the year—that includes August—I was on duty on the night of the 30th August—I cannot say whether I was asleep or watching from twelve to two o'clock—I heard no disturbance whatever in Eversholt Street—not during the whole night—no one has called upon me on the part of the prosecution—I have not seen any one on the part of the prosecution. Cross-examined by MR. SLEIGH . Q. Have you received a guinea on the part of the police to give evidence? A. Yes. COURT . Q. Have you mentioned to any one before that you received a guinea? A. I cannot say. LLEWELLYN HUGHES . I am the landlord of the Stationers' Arms—I was so on the 30th August last—I was at home on the night of the 30th August up to the time of closing the house—it closed at one that night—rather before, always before one—Barry and Hayes have been at my house—I was in and out of the parlour on that night—as far as I saw, they were not there on that night—my wife was not at home, she was down at Rams gate—the two barmaids were at home. Cross-examined by MR. SLEIGH . Q. Do I understand you, you were in your own bar parlour during the greater part of that evening? A. Yes—I might have been as much as half an hour together in the parlour that evening. COURT . Q. Does the bar parlour command a view of the bar? A. It is opposite part of the bar, you can see nearly the whole. ELLEN BIRCH . I am barmaid at the Stationers' Arms—I was acting as barmaid on the night of the 30th up to the closing of the house—my mis tress was at Ramsgate—it was my duty to remain at the bar all that time—I was at the bar from half-past eleven till the closing of the house—I saw the people who were in the house—I know Barry and Hayes—I did not see either of them in the house that night—it is not possible that they could have been in the house without my seeing them Cross-examined by MR. SLEIGIH . Q. Did you knew them before the 30th August? A. Yes—I knew both of them before—there were not a very great many people in the house that evening—Miss Gibbs served in the bar besides myself that evening—I saw Hayes on the night of Mr. Hughes's birthday—that was ten days before—I was first spoken to about this matter not very long afterwards—I don't remember the date—I did not see Hughes upon any previous occasion besides that of Mr. Hughes's birthday—he was then in uniform—I had seen Barry before the night of 30th August two or three times. Q. Is this true, that you had seen Barry once before the 30th? A. Yes—I have seen him outside the house—I never saw him more than once before in Mr. Hughes's house—he was in plain clothes, in a dark suit of clothes. Q. Did you say anything to any one about this 30th August until a con stable came to serve you with a subpoena? A. I do not remember it. Q. Do you remember the two constables Hayes and Barry coming with another man, who served you with a subpoena to attend the trial here last month? Up to that time did you say anything about having seen them on the night of 30th August? A. I don't remember. Q. Do you remember two gentlemen coming and asking you whether you remembered two police-constables being at your master's house on the night of 30th August? Do you persist in that answer, that you don't remember two gentlemen coming and making that inquiry of you as to whether two police-constables had been in your master's house on the night of 30th August? A. I don't remember two in particular; I do not remember two gentlemen coming and making that inquiry of me—( a gentleman brought for ward )—I don't remember that gentleman coming to me and making that inquiry—I don't remember seeing him—I don't remember any person or persons coming and making that inquiry of me; it was spoken of at the bar by the different customers, but I don't remember any one in particular—I will not swear that I did not say, on being asked the question about see ing the constables there on the night of 30th August, "I don't remember anything about it"—I might have done so, but I cannot remember it. Q. Did you upon the last occasion upon the trial here state that two gentlemen came and asked you that question, and did you say, "And my answer was, 'I don't remember it?'" Did you swear that upon the last occasion here? A. Yes—the question was put to me, "Will you undertake to swear that two persons did not call and speak to you about the two constables being at your place on the night of 30th August?" Q. Do you remember saying, "Oh! yes, that was a long time ago; I don't remember who it was?" Do you remember saying, "I remember two gentlemen calling and making that inquiry of me?" and did you go on and say, "I said to them, 'I do not remember anything about it?'" A. Yes. Q. Did you say further, "I remember them asking about two police con stables, and whether they were there on 30th August, and my answer was, ‘I don't remember anything about it?'" A. I don't remember it. MR. SERJEANT BALLANTINE . Q. How old are you? A. Twenty-five—I have not been often in a court of justice before—this affair, having occurred in the neighbourhood, was a good deal talked about by a good many people in our house—I don't remember the person who was pointed out to me to look at—I cannot tell whether he was one of the persons who asked me questions about it—I am able to speak with certainty as to that night—I have no doubt on the subject. ELIZABETH GIBBS . I am a barmaid—I was acting as barmaid in the business of Mr. Hughes on the night of the 30th August—I heard of the alleged attempted burglary in Gloucester Crescent soon after—I cannot say how soon after—I remember the night of the 30th August—I know Hayes and Barry—I saw Hayes on the night of the 20th August—he came in to clear the house—we were continuing up a little later, and he came in to clear the house—there was a reference to the inspector, and we were allowed to go on—I never saw him before that occasion—I did not see him on the 30th—I am able to say that I never saw them on that night—they could not have been there without my seeing them. Cross-examined by MR. SLEIGH . Q. How long after the 30th August were you spoken to upon this matter? A. I cannot say—Mr. Hughes, the landlord, first spoke to me about it, about the time the police constables were charged at the Marylebone Police-court—he said the two policemen—he named Hayes; I don't remember about Barry—I had not known Barry—I saw Barry for the first time before I saw him at the trial here in October last—it was more than a week, I cannot say; it might have been more than a fortnight before the last trial that I saw him for the first time—I saw him at our house—I don't remember whether he came with Hayes—I think it must have been that he was with Hayes. GUILTY .— Judgment respited . 39. WILLIAM SCOTT (51) PLEADED GUILTY to feloniously killing and slaying Mary Ann Scott . He received a good character.— Fifteen Years' Penal Servitude . And, 40. JAMES LORD (28) , to stealing five 10 l . notes and one 500 l . note, of the. Governor and Company of the Bank of England , his employers, He received a good character. Strongly recom mended to mercy by the Prosecutors.— Five Years' Penal Servitude . [Pleaded guilty: See original trial image.] 41. DAVID BENJAMIN (23) , Robbery on Samuel Caswell , and stealing from his person one purse, and 30 l . 15 s . in money, his property. MESSRS. POLAND and BESLEY conducted the Prosecution, and MESSRS. MONTAGU WILLIAMS and STRAIGHT the Defence . SAMUEL CASWELL . I live near Euston Square, and am out of business—on the 18th April I went to Drummond's bank, and received two 10 l . notes, one 5 l . note, six sovereigns and a half, and 8 s . 6 d . in silver, making 36 l . 18 s . 6 d .—on the evening of the 24th April I had 37 l . on my person, as I had a sovereign in a leather purse apart from what I had received at Drummond's—I had parted with the half-sovereign and the 8 s . 6 d ., and had the two 10 l . notes and the 5 l . note in a purse in my left trousers pocket—I had been drinking to a slight extent—I went to the Bay Tree public-house, St. Swithin's Lane, about twenty-five minutes to seven o'clock—no one was with me, but a man accosted me as soon as I entered —I do not know whether he entered with me—I called for a glass of half and-half, and the man asked me to give him half a pint of porter—he was in a very distressed state, and I told the barmaid to draw a glass of porter, which I paid for with a sixpence I believe, but was not quite certain—I do not know the man—I had never seen him before—I was about two minutes in the public-house, and the man who I had given the glass of beer to came out with me, and further solicited me to give him some help, as he was so distressed—I was walking towards Cannon Street—I walked away from him; I wanted no further association with him—I crossed from St. Swithin's Lane, just by Bush Lane; I do not know whether I had passed Bush Lane, but it was near that part—I received a violent blow, which cut my eyebrow right across; the scar still remains—it deluged me with blood, and was so extensive that it reached down to my lip, and I have scarcely recovered the feeling of that side of my face up to the present time—I did not stagger or fall, but immediately seized the man, who struck me and received another blow on the other side of my face, which broke my jaw, and so far stunned me that I felt to lose all power, but was not quite deprived of my senses—I was flung immediately on the ground by the man who struck me—I had no power of seeing his face—it was all done very rapidly; it was three or four seconds from the time I received the blow till I was flung down—I felt my purse being removed from my pocket, but cannot say whether that was while I was on the ground—I recollect saying, "That man has robbed men," but whether it was when I was on the ground or when I was lifted up I do not know—I have no recollection for two hours afterwards—I cannot tell whether the blows were struck by a fist or by some weapon—I was laid up for three months from the injury to my jaw—I went next day, ill as I was, with one of the detectives to Drummond's bank—I have seen two notes since, but cannot recognise them, as I do not think there was any mark on them when they were in my possession. Cross-examined. Q. How far were you from the Bay Tree when you received the blow? A. I do not think more than 100 yards—the man importuned me directly I got out, but I did not look at him—I did not turn round. COURT . Q. Was the man who asked you to give him some help in the street, the same man whom you had seen in the tavern? A. I have no question about it, although I did not look at him—I was perhaps the length of a couple of houses from the public-house when the man asked me for help, but I immediately sharpened my pace away from him, though I did not look at him—I have not the shadow of a doubt that he was the man I had treated in the public-house. REBECCA FITTER . I am barmaid at the Bay Tree, St. Swithin's Lane—on the 24th April a policeman named Wines came to me to make in quiries—I had seen Mr. Caswell at the bar about an hour before that drinking with the prisoner—Mr. Caswell paid for two glasses of beer—I had seen the prisoner several times before, through his serving the house with lemons, and knew him perfectly well—Mr. Caswell was there about five minutes, and the prisoner was with him the whole time; they both went out together—Mr. Caswell was slightly under the influence of liquor—when Wines came to me an hour afterwards I gave him a description of the prisoner and the prosecutor—the prisoner never came with lemons after that night—I next saw him at the Mansion House on Monday, the 5th November—on the evening the prisoner was at the bar with the prosecutor he wore a half-high hat, one of those black hard ones—the crown was flat. Cross-examined. Q. Do you know that he is a hawker? A. Yes, he was frequently in the habit of coming there—there was another young woman serving in the bar, but not at that end—no one served there but me that night—we do a pretty good business—I did not know the prisoner's name—I did not say that he was a Jew—I described his features as accu rately as I could—when I saw him again he was brought into a room at the Mansion House with twelve or thirteen others, and I identified him as the man who was in the habit of selling lemons at our place—I described him as having a very large mouth. COURT . Q. How often used he to come to the Bay Tree with lemons? A. About once a week, but he had been absent for a month just before that—I described him as the man who was in the house that night talking to Caswell. WILLIAM WINES ( City Policeman ). On the night of the 24th April I was on duty in plain clothes, and about half-past six or twenty minutes to seven I was about thirty yards from Cannon Street, in St. Swithin's Lane—I had not passed the Bay Tree—St. Swithin's Church was on my left, and the Bay Tree on my right—I met two men walking in the middle of the road, which is very narrow—they were about seventy yards from the Bay Tree when I first saw them, and about eighty yards from where Caswell was knocked down—they passed me and turned to the left—I turned to see in which direction they went, and when they got to the bottom of the lane they turned to the left, eastward—the prisoner had hold of the prosecutor's right arm—I know that it was the prisoner, I picked him out from a dozen others—I know his face and person—I had seen him before several times—he is a hawker—I have frequently seen him about the Mansion house and the Bank, hawking lemons and nuts this year—I saw nothing more of them, as the corner hid them from me—I received information about half an hour afterwards and went to the station and described the prisoner—I saw the last witness at the Bay Tree about eight o'clock and received a description from her of the prisoner and prosecutor—she said that she knew the prisoner well—on 6th November I went to Bow Lane Station and picked the prisoner out from a number of others—he was then in custody—I had not seen him since 24th April, though I had searched for him during the first fortnight in the neighbourhood of Petticoat Lane, where he lived, and near the Mansion House, where I had been accustomed to see him—he wore a round hat when I saw him in St. Swithin's Lane, what they call a deerstalker or a Muller cut down . Cross-examined. Q. Was it the same night you went to Miss Fitter? A. Yes, she gave me a very accurate description of the person she believed had been in the house that night—I am quite sure that the person was leading the prosecutor by the arm, but the prosecutor could walk very well without leading—the prisoner was holding his arm for about thirty yards till they turned the corner—it did not strike me that Caswell was very drunk, he could walk very well. Q. You use the expression in your deposition three different times, that he was leading the prosecutor: is that correct? A. I do not see any difference—he had hold of his arm, and was walking with him, whether it was leading or not—it was not in my mind at that time that he was help lessly drunk—he was walking straight as a sober man. COURT . Q. What kind of hat had the prisoner? A. A round hat with a narrow brim—I think it was felt. MR. WILLIAMS . Q. Are you prepared to say that it had a flat top? A. I cannot say that—I thought from the prisoner's appearance that he was a Jew. JOHN HOSKINS . I am a porter in the service of Ford Hale and Sons, of No. 86, Cannon Street—on the evening of the 24th April I was in the shop—I could see into the street towards St. Swithin's Lane, but I was packing cases, and did not look into Cannon Street at all—my attention was called by persons looking towards Cannon Street and calling "Stop thief"—I went out to see what they were looking at—it was then about twenty minutes to seven—when I got on to the pavement I saw the pri soner just on the kerb in the act of stooping to pick up something, and the prosecutor was lying on the ground, four or five yards from the prisoner, with a crowd round him—the prisoner started to run across the road up Abchurch Lane, and, hearing that the prosecutor had been robbed, I chased him seventy or eighty yards, but lost sight of him half-way up Abchurch Lane—he turned the left corner into King William Street, and I did not follow him further—one of his boots came off in the chase—it was daylight, and I am sure the prisoner is the person—I was taken on 4th November to Bow Lane Station—several persons were placed before me, twelve I believe, and I saw the prisoner among them, and pointed him out as the man I had seen on the 24th April—I was twenty-five or thirty yards from him when he escaped—I was not near enough to see whether he picked up anything. Cross-examined. Q. Had you ever seen him before in your life? A. No—his boot is not here—I am sure the prisoner is the man—I have never said, "I still believe he is the person"—I said, "I believe," but not, "I still believe"—I do not know who the people were whom I picked him out from at the Station—I have since heard that there were some constables among them—I do not know how many—they may have been all constables except the prisoner, for aught I know. MR. BESLEY . Q. Was Wines there when the prisoner was shown? A. Wines stood behind me—the acting sergeant stood behind me—there was no one in uniform—I do not think there was anything to show that they were policemen—some of them looked more like thieves than the others, as they were dressed. RICHARD STEPHENS . I am in the employ of Messrs. Hale and Sons, candle manufacturers, of 86, Cannon Street—on the 24th April, about a quarter to seven, I was standing at the shop door and saw the prisoner and prosecutor cross from the corner of St. Swithin's Lane to where I was standing, at the corner of Bush Lane—they were together—they passed me and went up Cannon Street—I observed people looking at the other side of the way—I stepped out, and about thirty yards distance I saw the prosecutor holding the prisoner by the back of his coat—I sang out, "Stick to him, old fellow"—the prisoner threw him with great violence on the pavement and ran away—one of his shoes came off, and he was pursued by my fellow shopmate towards Abchurch Lane—I identified the prisoner on the 4th November, at the station, out of fourteen others. Cross-examined. Q. Had you ever seen him before? A. Not to my knowledge—Hoskins was inside till I called out—he went out directly the prosecutor was thrown down—I went to the station two hours previous to Hoskins—I refrained from going with him—I cannot say whether the men who passed before me at the station were policemen—the constable was there, and the sergeant I believe—it was not a room, it was a passage. MR. BESLEY . Q. Did they do anything to indicate the person to you? A. No. JOHN ROBERT COY . I was standing at Ford Hale's warehouse door talking to Stephens—I know the prosecutor, and saw him with some one who I cannot identify, and who struck him on his face—the prosecutor seized him by the collar, and then the man gave him a second blow and the prosecutor fell—I went towards them and the man who gave the blow buttoned his coat and ran up Abchurch Lane—he left a cap behind him, which was given to the police. COURT . Q. You saw a person with the prosecutor: what were they do ing? A. The man was four or six inches behind the prosecutor—I did not take much notice, but I saw a running in the street and then turned to look—they were crossing Bush Lane when I first saw them. HENRY JACKSON . I am a warehouseman in employ of Dickson and Co., wholesale stationers, of Budge Row—on the 24th April I was coming out of Ford Hale's warehouse—I saw Stephens and Hoskins there—I saw Mr. Caswell and a man in the street—that is the man ( the prisoner )—I thought they were fighting; I saw him throw Mr. Caswell on his back with great force, and he lay as if lifeless—the prisoner's hat came off, and as he ran away across Cannon Street his shoe came off and he ran away without it—Hoskins ran across the road as far as the corner of Abchurch Lane—it was a low crowned hat that the prisoner left behind him—I do not know whether they call it a deerstalker or a wideawake ; it was not in the fashion of a chimneypot; I went to Newgate on Monday, and saw some thirty people in the airing-yard walking round at a quick pace, and picked the prisoner out from them. Cross-examined. Q. Are you in the same service as Hoskins? A. No, but I know him very well—I was not called at the police-court. CHARLES BROWN ( City Policeman 94). On the 4th November I took the prisoner in Harrow Alley, Petticoat Lane—I told him the charge; he said, "I know nothing about it; I have been at Liverpool transacting busi ness for Mr. Isaac Woolf, of Dale Street, Liverpoor"—I know the prisoner, and had been in the habit of seeing him about, daily up to the time of the robbery—I went to the places after the robbery where I had usually seen him, but he was not there—I have seen two notes at the Bank of England, and have made inquiries about them in Petticoat Lane. — MOSELEY ( City Police Sergeant 85). I was in Cannon Street, and saw a very old boot in the road near the railway station, and a hat at a little distance from it—I left the hat at the station in the care of the station-sergeant; it was a very old one, one which fitted close to the head like a deerstalker's—the boot was very old, with no heel to it. JOHN FOULGER ( Police Inspector ). I saw a very old boot, with no heel, and cut to pieces; I cannot find it or the hat; I have made search for it, and have reason to believe it was swept away with some rubbish when the station was cleaned out; it was a low crowned felt hat, sometimes they are called deerstalkers and sometimes wideawakes . Cross-examined. Q. Do not you enter articles in a book? A. Yes, if they are of any value—no entry was made of this cap, because it was rubbish. The Prisoner's Statement before the Magistrate :—"I am not guilty." GUILTY .— Seven Years' Penal Servitude , and Thirty-five Lashes with the Cat . 42. HENRY WILSON (24) , CHARLES EVERETT , (22) , and ED WARD THOMPSON (20), Robbery on Walter Henry Shaw, and steal ing from his person 4 s ., his property. MR. PATER conducted the Prosecution . WALTER HENRY SHAW . I am a teadealer carrying on business in Newgate Street—on the 30th October, about half-past one o'clock in the night, I was passing through Fox Court, Holborn, with a woman—that is the last court at the top of Holborn Hill, on the right-hand side going towards Holborn—I saw five men there, the prisoners are three of them—one of them ran up against me and knocked me against a house, and before I could recover myself one of them seized me by the neck from, behind, and I was drawn over his knees, so that I was reclining across him—Wilson is the man who first attacked me—while I was in that position another man took what money I had from my pockets, and. tore my trousers very much, and tore the cloth away—I was thrown to the ground and one or two of them then kicked me about the face and head—I believe Everett is one who did so, but I cannot speak positively—the others wereby—I only had 5 s . in my pocket, and 4 s . was taken away—while I was on the ground the woman called out "Police" and "Murder," which attracted their attention, and they left me and went to her—I immediately went into Holborn, met two constables, went back to Fox Court, and met the woman with my hat—Wilson then came up with a policeman, and I gave him and Everett in charge—I have not the slightest doubt that they are two of the men—I saw Thompson a week afterwards at Bow Street—I am as confident about him as I am about the other two. Wilson. Q. Did not you say to the Magistrate that you believed me and this one were two of them, and at last, after a little hesitation, that you were positively sure we were the identical two? A. I swore confidently that you were two out of the five—I said I had not the slightest doubt about it, but I could not swear whether you pulled me from behind, and whether Everett robbed me—I was with the woman for an hour, but not at any public-house—nobody else was with her while I was with her—I say that you and Everett are two of the parties who robbed me, I could see your features as distinctly as I do now—I believe you had hold of me behind—there was a gas lamp there—I did not state at the Court that I was not sure whether you were two of the parties, or that I had been with the woman since half-past five in the evening, or that I had been over the water with her—I had had six or seven glasses of beer during the evening, but when I went to the station and charged you I was perfectly sober—there was nobody with the woman—I do not know who she is. Everett. Q. On Tuesday, the 30th, before the Magistrate, did you not state that you were not sure we were the persons who assaulted and robbed you? A. No—Mr. Barker did not say, "You must not come to this place unless you are sure," nor did I then say, "Well, I am sure"—Wilson is the first of the men who pushed against me, and I can swear to you being there, and I believe it was you who kicked me when on the ground, but I cannot state that positively—I saw you standing within a foot of me when I was on the ground—I saw your face, there was a lamp immediately over us—the place was broad enough for us all to be together—I told the policeman I had been robbed and garotted in the court, but did not describe the persons who had done it, as we ran down without further argument, but I could have done so—he did not point out anybody to me, but a constable brought you up two minutes afterwards—when Wilson was taken I swore to him. Thompson. Q. Can you say that I was one of the men who assaulted you? A. You were one of the five—I am not sure whether you assaulted me, but you were there all the time—I would not swear that you took any money out of my pocket. STEPHEN LITTLE (31 E ). On the morning of 30th October, between half-past one and two o'clock, Shaw came up to me in Holborn, his pockets were turned inside out, his trousers torn, he had a pinch in his throat, and two black eyes—I went into Holborn Buildings, at the end of which is a place called the Well, leading into Fox Court—I went to the end of Fox Court and saw Wilson in custody, he had the constable down against the wall, and they were struggling together—I assisted in taking Wilson. ROBERT GBOVES ( Policeman 161 G ). On 30th October, between half-past one and two in the morning, I heard a cry of "Police"—I went in the direction of the cry, and met Everett at the corner of Leather Lane, coming in a direction from Fox Court, bleeding very much—he said, "For God's sake go to Holborn Buildings; I have been stabbed there by my brother-in-law"—I said, "You had better wait and go back with me"—he said, "No, I refuse to do so," and within five minutes of that Walsh came up and pointed out Everett, saying, "hat is the man who assaulted me and assaulted the prosecutor"—he used the word prosecutor—where I met him was about 800 yards from Fox Court, he came down Holborn Buildings through Holborn. Everett. Q. Did not I say that I wished to see a doctor? A. No. JOHN WALSH (257 G ). I was on duty, and heard cries of "Police" from Fox Court—I entered the court and saw Wilson and Everett, and a woman, who pointed out Everett as the man who knocked her husband ( Shaw ) down and robbed him—I put my hand on Everett to take him in custody, and he ran at me and hit me under the ear with his fist—I drew my staff, but was knocked down, Little came to my assistance—I had Wilson and Everett at that time. Wilson. Q. Did I strike you when you had Everett in custody? A. Yes—I saw you with Everett and three others—I selected you because the woman pointed you out. JOHN CHOWN ( Police Sergeant 5 E ). I know Wilson and Everett—I have seen them together two or three times, and Wilson and Thompson two or three times in the neighbourhood of Holborn, shortly before the robbery. Wilson. Q. How long before the robbery did you see us together? A. It might be a week or a fortnight—I met you at the corner of Dean Street one evening, and Thompson was with you. Thompson. Q. How long have you known me? A. I only know you by seeing you with Wilson two or three nights, about a fortnight before the robbery. Wilson's Defence . Fox Court is only a yard and a half wide, and he could not distinctly see who the man was who robbed him, and who was the man who chucked him. He has altered his statement since he was before the Magistrate. I am innocent of the robbery, though I may have struck a policeman. I do not believe there was a robbery; if there was it was the woman who did it. Everett's Defence . He cannot tell whether I assaulted or robbed him. Where is the evidence to prove I am guilty of either? Thompson's Defence . The prosecutor says that he cannot swear to me as assaulting or robbing him, only that I was one of the five persons present, which I deny. I deny all knowledge of the robbery, and deny being a companion of Wilson's. Previous to my being apprehended I was only five days out of the infirmary, and have things about me to prove it. WILSON — GUILTY . He was further charged with having been convicted at Westminster in June , 1858, to which he PLEADED GUILTY .— Seven Years' Penal Servitude, and Thirty-five Lashes with the Cat . EVERETT — GUILTY . He was further charged with having been convicted at this Court in April , 1862, to which he PLEADED GUILTY .— Seven Years' Penal Servitude , and Thirty-five Lashes with the Cat . THOMPSON — NOT GUILTY . 43. The said EDWARD THOMPSON was again indicted for being found at night with a crowbar, lantern, and key in his possession without lawful excuse, having been before convicted, to which he PLEADED GUILTY .— Seven Years' Penal Servitude . 44. JOHN YOUNG , WILLIAM SHAW , DANIEL MORRIS , EDWARD DONELLY , GEORGE FLYNN , THOMAS DAW , and JAMES GOOD , Feloniously killing and slaying Edward Wilmot . MESSES. POLAND and BEASLEY conducted the Prosecution ; MESSRS . RIBTON and GOUGH appeared for Young , MR. MONTAGU WILLIAMS for Shaw and Flynn, and MR. MCCARTHY O'LEARY for Morris . JAMES EVANS . I live in Coburg Street, Drummond Street, and am a hammerman or smith's labourer—on 9th October last I was at Shaw's house—I first went to the Wrekin, in Broad Court, kept by Shaw's father, and from there to the prisoner Shaw's, in Windmill Street, Haymarket—the boy Wilmot asked me would I look after him; I refused at first, but at last he and I went together to the prisoner Shaw's about nine or half-past—we had a drop of something at the bar, and then went upstairs—I did not see Shaw there that I know of—I have often been there before sparring , and Wilmot with me—there is always a ring formed in the room, it is never down, the wall of the room forms one side of it, and the rest is formed by stakes and a rope—Young came up into the room about a quarter of an hour after us, I had Donelly with me—Morris and Daw were there, they were on the other side—I know nothing about those that came up—I took my man into the ring and acted as his second, and Donelly also—Morris and Daw acted as seconds for Young—the men put gloves on; they were new gloves fastened with elastic; one of my elastics broke, and I tied it on with a piece of tape, so that it could not come off—they were stripped as usual to their buff—they had their shirts off, and were naked to the waist—I don't know whether there was a timekeeper—I did not see Flynn there—only what I have heard—I was so excited looking after my boy—it did not matter about having him up to time that is a matter of form—I did not hear any one call "Time"—there were 100 people there—I was in the ring looking after my boy, to see that he was not hurt—Flynn was not in the ring—I can't answer whether he was the referee, I never chose him—I saw Good there—the people occupied seats on both sides of the ring—they fought a succession of rounds, sparring—it continued about an hour, or over an hour I should think—they hit each other of course, I don't know whether as hard as they could, that they know better themselves—they hit as hard as they liked with the gloves— I have tutored gentlemen to spar, and when they have got. the gloves on they have got rather rash in their excitement, they can't help it—I don't know what they were fighting for, I never heard—at the last round Wilmot fell either by a shove or a blow from Young, he fell on his posterior and struck his head against a post that runs up in the centre of the ring—the hit was somewhere in the face—I picked him up, he felt rather queer and a little giddy—I gave in for him—I dressed him and gave him a drop of brandy and took him to the hospital in a cab—Good gave him a half-sovereign in his corner—I don't know what it was for, it was before the fight. Cross-examined by MR. RIBTON . Q. Do you give lessons in this noble science? A. Yes, at times—I charge half a crown or three shillings, and sometimes a sovereign, whatever a gentleman might give me—I have many a time knocked one of my pupils down, and they have knocked me down—this was a permanent ring, where lessons are given—anybody going there may learn to spar—they have gloves for the purpose—gloves are always put on in learning, it is fighting to use the naked fists—the encounters between teacher and pupil sometimes last half or three-quarters of an hour—I have had two or three hours of it at a time with pupils—it is customary for persons to come in and look on while lessons are being given—I have sometimes known accidents happen in giving lessons, you cannot help it—I broke a gentleman's jaw myself in sparring—I never meant to do it, but he was rather rash, and I thought to stop him somehow, I put the jaw right out—I knew Young—I did not know Wilmot, I had seen him once or twice, that was all, they were good friends. Donelly. Q. Was not this simple sparring, and fairly conducted? A. Oh! yes, I took care of that. Good. Q. When I gave the half-sovereign did you not hear me say, "Here, Ted , is the half-sovereign I owe you? A. No, I was otherwise engaged. MR. BEASLEY . Q. Was it given just before the fight? A. Yes—I never knew a death to happen in these sparrings. COURT . Q. Is there not generally a timekeeper on these occasions? A. No, this was not a prize fight—there was no timekeeper that I am aware of—the thing comes to an end by giving in for them—my boy was winning fast, and I wanted the other lad's father to give in for him, but he would not, and the consequence was, my boy met with this misfortune—you would not allow a man to wait for a quarter of an hour before coming up; if your man was not fit to stand up and spar you would give in for him—they go on till one of them gives in, it don't want any timekeeping—they get bruised about the arms of course—if you keep tapping the head it will weaken and confuse them. MR. BEASLEY . Q. Was anytime allowed between each round? A. That was according to your own judgment—if a man is hit in the nose with the gloves it will make his nose bleed—the gloves will not give black eyes unless you have a very hard pair, but these were a new pair—I did not take my man on my knee at every round—I sat him on another man's lap, because I had to fan him and attend to him—at a prize fight there is a regular fixed time, but not in these things. COURT . Q. What makes a round; is it that the men keep on fighting till one is knocked down? A. No, till one slips down, then he is picked up, and if he has a mind to have any more they go on again—they get knocked down at times. ROBERT BENNETT . I am a grocer—on the night of 9th October I was at Shaw's, in Windmill Street—I had been at the Wrekin first—I had a card, which I paid 6 d . for—I bought it of one of my customers—it is a facsimile to this ( produced )—when I got to the Wrekin I was given to understand that it would not take place there, and I was sent to Shaw's son's, in Windmill Street—I produced my ticket, and was admitted by a person standing in the passage, who took all the tickets—that was not Shaw himself—I saw him in the bar that night, and I saw him when he came up into the room and put an end to it by turning the gas off—I did not see him in the room during the sparring—the room was fitted up for sparring—I saw Young and Wilmot set to with the gloves—it continued little under an hour—at the end of that time they seemed to be so tired and fatigued that they could not strike many blows—they could not come up—I did not observe whether there was a time-keeper—I heard two or three people calling out "Time," half-a-dozen—I cannot say that I heard any of the prisoners—the men were tardy in coming up—I believe they should come up as soon as they got up again, but I am not acquainted with the modus operandi of these things—the seconds took them up and gave them a glass of water, and put them on their knees every time—at the last round they came up, and all in a stumble together, and had a hugging match—they were too exhausted to strike one another forcible blows—they were trying to throw each other, and the deceased slipped away, or was thrown away from the prisoner Young—he was not struck down by the blow—he got up, and wanted to come up again, but they would not allow him—the spectators kept on crying out "Time"—I do not know whether Evans gave in for him, but Shaw came in and put an end to it, and turned off the gas—I should say there, were about 100 persons there—there were seats—I do not know whether some were more expense than others—I was never there before—I saw Good there—I heard him tell the deceased not to wrestle, not to allow him to be hugged—that was at the beginning of the contest—when I left the deceased appeared to be in a fainting state—he was breathing heavily, as if he had fainted from exhaustion and fatigue. Cross-examined by MR. GOUGH . Q. You had been acquainted with the deceased some time, had you not? A. No, I did not know any of them. Good. Q. You say you saw me there: did I seem to be more concerned than any other spectator? A. You were one of the spectators outside the room; I did not see you take any part in it, only tell the man not to wrestle. JOHN CARROLL . I am a brushmaker—I was at Shaw's house on 9th October—I had no ticket—I paid 6 d . to some one on the stairs at Shaw's house, in Windmill Street—I saw the match out—at the last round both parties seemed to be very weak, and they seemed to scramble with one another, and by some means or other that I cannot explain the deceased fell with his head against the partition, and after that one of the parties came in the middle of the ring and gave in for him—I saw Shaw there for about two or three minutes—I do not think he was there when anything was going on—they had stopped sparring then—it was in the interval, when the waiter was supplying refreshments—I heard that Flynn was in the room—I think I saw him myself—that was when the sparring was going in—I did not notice what he was doing—I heard a lot of parties calling out "Time"—I cannot swear that Flynn did. Cross-examined by MR. WILLIAMS . Q. Have you not stated that you saw Shaw on the stairs, and not in the room? A. I cannot remember—I did say I saw him on the stairs or passage leading into the room—I may have said that I could not say I had seen Flynn. WILLIAM PARKER . I am a saddler—I was at Shaw's, in Windmill Street, on the night of 9th of October—I was having a glass of ale there—I heard there was some sparring going on upstairs, and I went up to see it—I paid 6 d ., and I had refreshment for the 6 d .—I stayed there through-out the whole of it—I saw the lads sparring for about an hour—the deceased seemed to have the best of it—the last round the deceased seemed to square up to his man and make a sort of slip, and he fell against the wooden partition, and I saw Shaw run in the ring and turn off the gas and say, "It is all over, gentlemen; downstairs, please"—when I first went I up the stairs I met Shaw just coming out of the room—it had not began then—I did not see him in there at all while it was going on—when I went into the room the men were in the ring pulling on the gloves. GEORGE SILVERTON ( Police Inspector C ). On the 14th October I went to Flynn's house—I charged him with being concerned with others in aid ing and abetting and causing the death of a man named Wilmot, at the Queen's Head public-house, Queen's Head Court, Great Windmill Street, kept by the prisoner Shaw—he said, "It is a bad job for all of us; I was there keeping time for them; you do not want to take me out of my business to-night, I have a house full of people"—I said, "No"—I made an appointment, and he met me the following morning—I received this card from the prisoner Shaw on the 10th, the night after the occurrence. Cross-examined by MR. WILLIAMS . Q. When you went to Flynn's house were you in plain clothes? A. Yes—he was not drunk at the time—I should say he had been drinking—he is a publican—his words were, "I was there keeping time," or words to that effect—I could not swear as to the distinct words, whether it was, "I was there keeping time," or, "I was there at the time"—I would not be sure. GEORGE AIRY . I was house surgeon on the 9th October at Charing Cross Hospital, when the deceased Edward Wilmot was brought there, a little before twelve—he was quite insensible—we put him to bed, and did everything we could for him, but he died about half-past five the next morning—he was never sensible the whole time—I made a post-mortem examination, and found the right arm, the chest, and the face very extensively bruised all over, and the head was extensively bruised—on taking off the scalp I found several bruises, one larger than the rest just over the right ear—there was a large collection of blood, and a rupture of one of the arteries that goes to the membrane of the brain—that rupture coincided exactly with the larger bruise that I found externally on the right side of the head, about two inches above the right ear—that would cause pressure of blood on the brain and consequent death—I think the external appearances were exactly such as I should expect to find from blows by the fist with gloves on—they were large bruises—if he had lived a little longer the arm and face would have been completely black—the flesh was cut from the lips by the teeth—the brain was very healthy, and there was nothing at all the matter with the man that I saw—the appearances before death and those afterwards perfectly coincided—I attribute the collection of blood to the bruises—a blow or fall would cause such injury—it must have been a severe one—I should think the blow with the gloves would do it—I have seen some of them very hard—I saw some produced at the inquest. GEORGE SILVERTON ( re-examined ). I produce some gloves which. I received from the prisoner Shaw the day after—I asked for them, and he ordered them to be fetched down by his servant, and said, "These were the gloves used on the occasion"—the elastic to one is broken. MR. AIRY ( re-examined ). I think these gloves on a man's hand might produce such a bruise as would occasion the extravasation of blood I found in the skull. Cross-examined by MR. GOUGH . Q. Did you open the body? A. No, only the head—I thought, from the symptoms I saw during life, that death was caused by some injury in the head, and on opening the head and finding the injury I proceeded no further—the effusion of blood might be accounted for by apoplexy, but this was a young man only twenty-two, and you never find it in a young man, and there was the external bruises exactly corresponding with the internal injuries, and there was no disease apparent—there is a disease called aneurism—if it had arisen from that I could have detected it. Good. Q. How long was it after he was first brought to the hospital that he received any attention from a medical man? A. I think within two minutes—nothing could have saved him. COURT . Q. Should you think a person sparring with such gloves as these in the way that has been described would be dangerous to human life? A. I should think so, decidedly—I think the man might be knocked so thoroughly silly by a blow about the face that he might die from it, especially if he were liable to any disease—a man might die from the blow of a cricket ball much sooner than by such blows as these—death would not be a likely result—I should think a very unlikely result—I should fancy that danger in sparring with gloves would be where a person is able to strike a straight blow—when they get weak the danger would be weakened, because I do not see how the gloves could do any injury except from a direct blow. MR. WILLIAMS , in submitting that there was no case against Shaw, con tended that the witnesses ( being spectators at an unlawful contest ) must be regarded as accomplices, and, as such, each would require corroboration . MR. POLAND referred to Reg . v. Hargraves , 5 Carrington and Payne, p . 178, where the point had been decided the other way . MR. BARON BRAMWELL said it had certainly occurred to him whether the witnesses might not have objected to give evidence on the ground that in so doing they might criminate themselves, but in such a case as the present it could not be carried to that extent . MR. WILLIAMS further submitted whether there was any evidence to support a charge of manslaughter against any of the prisoners, the death happening in the exercise of a mere lawful sport . MR. BARON BRAMWELL said the dif ficulty was to see what there was unlawful in the matter: it took place in a private room; there was no breach of the peace. No doubt if death ensued from a fight, independently of its taking place for money, it would be man slaughter, because a fight was a dangerous thing and likely to kill; but the medical witness here had stated that this sparring with the gloves was not dangerous and not a thing likely to kill. Both MR. POLAND and MR. WIL LIAMS referred to certain passages in Foster's Crown Law and in East, where the distinction was drawn between accidents resulting from lawful sports and contests taking place for lucre . MR. BARON BRAMWELL . after consulting MR. JUSTICE BYLES , stated that he retained the opinion he had already expressed; it had, however, occurred to him that, supposing there was no danger in the original encounter, but that the men fought on until they were in such a state of exhaustion that it was probable they would fall, and fall dangerously, and death ensued from that, it might amount to manslaughter and he proposed therefore so to leave the case to the jury, and reserve the point if necessary . NOT GUILTY . They were further charged upon the coroner's inquisition with the like offence, upon which no evidence was offered . 45. RICHARD JOSHUA DAVIES (22) , Unlawfully conspiring, ( with Charles Mayhew ), to deceive her Majesty's Court of Queen's Bench, and to defraud the Sheriffs of London of 10 l . MESSRS. GIFFARD , Q.C., and POLAND conducted the Prosecution, and MR. STRAIGHT the Defence . JOHN BARNARD DAVIS . I am clerk in the Queen's Bench Associates' Office—in the absence of the Associate it is my duty to call out the names of jurymen in the different causes—I produce a record of the cause of Firth v . Mitchell and others, tried on 8th July, 1865—the jury panel is annexed to it—Mr. Kingsford name is there—I called out that name, and there was no answer or any excuse at the time, and a fine of 10 l . was then imposed—in consequence of that, under the Jury Act, I sent out by post this form ( produced ) ( read :—"Queens' Bench Associates' Office, Chancery Lane, July 10, 1866.—Sir, a fine of 10 l . has been imposed on you for non attendance to serve as a special juror in the cause of Firth v . Mitchell and others on the 8th inst. Any application you are desirous of making for a remission of the fine must be made within six days, upon affidavit stating the cause of your absence or the ground upon which you claim exemption from the fine, either in person to the Lord Chief Justice, at the sitting of the Court (10 a.m.), or at the Associates' Office, 19, Chan cery Lane. I am, sir, your obedient servant, H. G. CAMPBELL .")—after this notice was sent this affidavit ( produced ) was left at the office—I believe the notice that I had sent was attached to it—in consequence of this affidavit the fine was remitted. Cross-examined. Q. Do you know Davies? A. No; I do not know whether he has been accustomed to come to the Associates' Office—I do not know anything about him—I cannot tell you who brought the affidavit—I found it in our possession. ARTHUR DASHWOOD . I am clerk to my brother, who is an auctioneer in Eastcheap—the prisoner was also his clerk some two years since—I am acquainted with his writing—the signature to this affidavit is signed by the prisoner, but not the body of it. Cross-examined. Q. Do you know Davies? A. He was formerly clerk to my brother—I am sorry to say that he has not been an honest upright fellow—he was in my brother's employ, to the best of my knowledge, two years and a half or three years—( affidavit read :—"In the Queen's Bench. Firth v . Mitchell and others. Richard Davies, clerk to Messieurs Kingsford and Lay, of No. 3, Savage Gardens, in the City of London, Merchants, maketh oath, and says as follows:—That Mr. Henry Kingsford, sum moned as a special juryman in the above cause, is, and has been for upwards of a fortnight past, residing at Geneva, in Switzerland, and was not aware of being summoned as such special juror in the said cause, neither has it been brought to the knowledge of the said Henry Kingsford, by reason of his absence aforesaid. Sworn at my office, No. 23, Rood Lane, in the city of London, this 12th day of July, 1665, before me, Anthony Carr, a London commissioner to administer oaths in Common Law, Richard Davies.") RICHARD KINGSFORD . I am a member of the firm of Kingsford and. Lay, corn factors—we carried on business at No. 3, Savage Gardens, but now in Seething Lane—there is no other gentleman of my name in the firm—we had not a clerk named Richard Davies—it is not true that I was residing at Geneva a fortnight before and on 12th of July, 1865—I was not in Switzerland at all—I believe I was attending to my business in London—I was not out of England—I received a summons in the cause of Firth v . Mitchell, which I sent to Mr. Mayhew, whom I have known two years—I had an arrangement with him to pay a guinea a year to release me from serving on juries—the last time I paid him a guinea was in December, 1865—no explanation at all was given to me as to how it was to be done—I remember afterwards receiving a notice that I should be fined 10 l ., and I took it to Mr. Mayhew—I do not remember whether this is the notice—I presume it was one like this, but really I have no recol lection—it was a notice that I should be fined 10 l .—I believe it came by post, but I cannot say—I have no knowledge whatever of the prisoner. Cross-examined. Q. All your arrangements were made with Mr. May hew? A. Yes—he is an elderly gentleman, close upon sixty—his office was at No. 4, Tower Street—I was informed that he was a solicitor—I was told by one or two of my friends that Mr. Mayhew would release me serving on juries on the payment of a guinea a year, and I went to Mr. Mayhew and asked him if such was the case, and he said, "Yes"—he did not say how it would be done—I paid the guinea to him—I paid two subscriptions. WILLIAM KENNET COOPER . I am a clerk in the service of Messrs. Kingsford and Lay—I was so in July, 1865—Mr. Kingsford was not absent for a fortnight in July—he was in London attending to his business—I do not know anything of the prisoner—he was never in their service as clerk that I know of—I went in their service in March, 1863, and have been in it up to the present time. WILLIAM THOMAS ANDREW . I am clerk to the surveyor of taxes at Stratford—I know Mr. Mayhew's writing—the body of this affidavit is in his writing—the signature, "Richard Davies," is in the prisoner's writing—I have been employed by Mr. Mayhew to attend different Courts to make excuses for jurymen—I have known Davies employed in the same way perhaps once or twice a week during the sittings at Guildhall and West-minster—I have heard Mayhew give him directions from time to time—I have seen Mr. Mayhew give him a jury summons. Cross-examined. Q. You used to make excuses? A. Yes—Mr. May hew would say there was some one summoned on the jury, and I used to go and make excuses by his direction—I did not have written documents, it was by word of mouth—he would give me the summons and say, "Mr. A.B. is away from home, on the Continent"—I knew nothing whatever about the person—I was acting under Mr. Mayhew's orders. ALFRED FERNINGHAM . I live at No. 90, Queen's Road, Dalston—I am a commission agent—I did carry on business at No. 47, Mark Lane—I first knew the prisoner about two years and a half ago—I met him at a refreshment house in Eastcheap—I had a conversation with him on many occasions— he has asked me to subscribe a guinea a year, and to ask my friends to do the same for to get them excused from serving on juries—he did not say how it would be done—he did not say in whose service he was—I did not subscribe—I have heard him speak to other persons who were present—he had said something to the same effect to them on two or three occasions, I dare say. Cross-examined. Q. Have you been summoned on a jury? A. Never—I was as late in Mark Lane as last March—I cannot tell you when it. was I had this conversation with Davies, I have had so many—I used to meet him almost every day—I should say this interview about getting meexcused from juries took place about twelve months ago—I did not pay a guinea—I have not been rather active in these proceedings—it was not me who originally called on the City solicitor about this—it was on quite another case—I did not mention this to him—I had nothing to do with the origin of these proceedings until after Davies was taken—I did not go to Guildhall and give evidence—I was subpoenaed—I saw the City solicitor—I went to speak to him about another affair, and he asked me in the course of conversation whether I knew Dashwood, and then it all came out, and I then remembered this conversation in the chop-house—I do not know how this conversation began when he volunteered this offer to me—he did not mention Mayhew's name, to the best of my belief—I do not recollect exactly how it commenced—I did not tell him I had been summoned on the jury—I did not mention about anybody else having been summoned. MR. GIFFARD . Q. This case was prosecuted by the City solicitor; you saw your solicitor about other business, and he asked you about Davies? A. He did—I knew nothing whatever about this society, and refused Davies's solicitations to subscribe. JAMES POTTER . I am a solicitor—I know Mayhew—I know his writing—the body of this affidavit is in his writing—I knew him at Tower Street—he had an office there, and I rented part of it—it did not describe what business was there. ANTHONY CARR . I am a commissioner for administering oaths at common law—I administered the oath to the person, whoever it was, who made this affidavit—I am not able to say who it was—we have a great many—it is in the ordinary form—he admits this to be his writing, and what it contains to be true—I then sign my name, and give him back the affidavit on the fine of 5 s . WILLIAM SMITH ( City Detective Office ). On Saturday, 29th September, I went to the prisoner's residence in Beresford Street, Walworth Road—I found him there, and told him I was an officer, and that I had a document in my pocket that I wanted him to look at—he walked into the kitchen and I produced this affidavit, and pointed to the name "Richard Davies"—I said, "Is that your writing?"—he hesitated, and said it was not at first, and then hesitated a little time, and then said, "Yes"—I called his atten tion to where he had described himself as a clerk, and he read it—he said he was not a clerk, and he had signed this as a matter of form—I asked him if he had been in the employ of Mayhew—he said, "Yes, I have"—he also said, "I hope I shall not get into trouble; I did not know I was; doing wrong"—I asked him whose writing the body of the affidavit was in—he said, "Mr. Mayhew's"—I was only employed to make inquiries then, and did not take him in custody—on 2nd October I went to the same place, and told him I was compelled to take him in custody for being concerned with Mayhew in perjury, and showed him the affidavit—he said that he had been led into it, and that he was very sorry for it—he repeated that many times—I asked him if he swore the affidavit, and he said that he did not; on the way to the station he said that he had been many times to the Courts of justice with summonses to make excuses for jurymen serving on juries, and that he had often seen summonses come to the office from gentlemen who had been served—when at the station, previous to charging him, I read the affidavit to him—he was then asked by the inspector whether it was his signature at the bottom, and be said that it was, and that he had been led into it, and was very sorry for it. Cross-examined. Q. Do I understand you to say that when you first asked him he denied the writing? A. He did at first—I have said that several times before. ( The witness's depositions, being read, stated , "He hesitated, and said, 'Yes, it looks like my writing, it is my writing, I hope I shall not get into trouble about it.,") The prisoner received a good character . GUILTY . Strongly recommended to mercy by the Jury.—Judgment respited . 46. TOUKHUR HENRI PHILIP CHRISTIAN GODFRIED VAN DER HOEVEN (37) PLEADED GUILTY to unlawfully writing to Adrian Elias Hope, a letter containing threats, and inciting him to fight with him.— To enter into recognisances and find sureties to keep the peace for six months . 47. FREDERICK HERTZELL (49) , Feloniously wounding John Bat ten , with intent to murder; other counts with intent to maim, disable, and do grievous bodily harm. MR. POLAND conducted the Prosecution . JOHN BATTEN . I am a sub warder in the Middlesex House of Correction, Coldbath Fields—on 16th October last the prisoner was there, undergoing a sentence—some time that morning I reported him to the governor, in his presence, for talking on the day previous in the tailors' shop—the prisoner made some observation to the governor—the governor admonished him at first, and after he made the observation he ordered him a day's cell and bread and water—after making my report I returned back to the tailors' shop—a number of prisoners work there, and the prisoner had been em ployed there; it was about a quarter to eleven when I got back—when the prisoner came into the shop he came up to me and made a spring on me, I turned round and caught hold of him by the collar—by that means he fell down or threw himself down—at the time he made the spring on me I was walking down the shop; he was in front of me—I did not see anything in his hand when he made the spring; he made a rush at me; he did not turn round; he was facing me, coming towards me—he had got his hands loose, he attempted to strike me; he struck at me with his clenched fist, and I caught him by the collar; he aimed at my face—he did not strike me, he struck at me—when he threw himself down I had got hold of him by the collar, leaning over him, and I found a stab in my chest with the scissors directly I was down leaning over him—it was under the fifth rib on the left side—I did not see where he got the scissors from—I saw them in his hand after I was wounded—he was making a second blow at me, and a prisoner named Driffield came up and prevented the second blow; in doing that he was wounded in the hand—I did not hear the prisoner say anything when he wounded me—an officer who is present was in the shop at the time, and he came up to my assistance—these ( produced ) are the scissors used in the tailors' shop—they belong to the prisoner and bear his number—I did not see them taken from him—I have been off duty ever since—Driffield was the only prisoner that came to my assistance. COURT . Q. When he first came towards you and struck at you with his fist, was it as a man would strike who meant to hit, or as if he had a weapon? A. As if he meant to strike with his fist, not in a stabbing way—I did not see the scissors in his hand at that time—the prisoners do not carry them about in their pockets—he might take them with him in going from one part of the shop to another, but it is unusual—where he fell was just upon where he was working—he might have snatched the scissors in his fall, as he was going down while I was collaring him—I think he got them after he seized hold of me. THOMAS DRIFFIELD . I am a prisoner in the House of Correction under going a sentence—on 16th October I was in the tailors' shop about eleven o'clock in the forenoon—I heard a noise, a scuffling in the middle of the shop—I looked round and saw the prisoner and the officer scuffling together—the prisoner was just falling on his back—the officer was forcing him down—he had him by the collar with his right hand, and the prisoner had the officer by the collar with his left hand—I then saw a pair of scissors in the prisoner's right hand—as he was falling he had them in his hand—he struck once or twice, but could not hit the officer—he struck short—he then rose himself as well as he could by the right shoulder and succeeded in hitting him a violent blow somewhere in the left breast—I then got up to them—as I went to the officer's assistance he was striking another blow—I put my hand between the officer's breast and the prisoner's hand as he was striking the blow, and he cut me with the point of the scissors on the left hand—I could not tell what was done afterwards, I was so severely wounded—in two or three minutes I knew what was going on again, and I was taken to the hospital in the prison and put to bed and had my wound dressed, and a doctor was there directly. COURT . Q. You say they had a scuffle, and the officer was forcing him on to the ground? A. Yes; the officer is a good deal more powerful man than the prisoner—he was trying to put him on the ground because he had the scissors on the ground—he had him by the collar, and the prisoner was attempting to strike him—he had the scissors in his hand in this position ( describing it )—I am sure of that—he was trying to take the scissors from him with his left hand, the only hand he had at liberty, but he could not get hold of him—I saw that very plainly—he was trying to get hold of them as well as he could with his left hand, but he had them in this way as he was going down—I did not see them till they were just going down, but when I saw him he had the scissors in his right hand, attempting to strike the officer—I had to get up off my seat, and had about five or six yards to go—they might have been falling at that time—they were going down together, both of them—nobody else interfered besides myself that I saw—I have not been back to the tailors' shop since then—I have been in the hospital—I cannot tell how the other prisoners will receive me when I go back—I am frightened at going among them. JAMES GOLDING . I am one of the warders in the House of Correction—I was present in the tailors' shop on this morning—I brought the prisoner from the report office, where he had been reported by Batten, and went to the tailors' shop—the prisoner had no business there then—he passed me—I called him by his number—he took no notice—I went up to see where he had got to, and he was then close on to the officer, about two yards from him—he drew a pair of scissors from out of his breast, went up to the officer, and aimed a blow at him from behind, but whether he struck him or not then I cannot say—the officer's back was towards him at the time—with that I called out, and the officer faced about—the prisoner had recovered his arm then—his arm drew back, and he made another thrust at the officer and struck him in the breast—I can't say whether it was right or left, but it was in front that he struck him; then the officer closed with him, got hold of him by the collar of his jacket, and tried to put him down to take the scissors from him—by that time I got up to them—the prisoner had the scissors in his right hand then; he had them in this fashion ( points downwards )—that was the way he took them out of his breast, and he was trying then to stab the officer as he was down—the prisoner was down on his back—the prisoner's number is 100, and that is the number of the scissors he had—these are the scissors he should have had at his employment in the shop—I did not take those scissors from his hand—I took another pair, No. 83—those were not his own—his scissors, No. 100, were brought down to me out of the shop afterwards—no doubt he had them about him all the time he was up at the office; I saw him take them out of his breast; that was not the pair I took from his hand—the pair I took from his hand was a pair he took from the board as we were bringing him from the shop to the report office—he col lared those, and I took them from him—I can't say how he came to have his own scissors upon his person—he ought to have put them on the board before he went to the report office; they were taken from him immediately after the blow was given—I did not take them from him—No. 83 scissors I took from his hand after the first pair had been taken from him—those were not the scissors he struck the officer with, those were No. 100; the others I saw him take off the board after the scuffle—he made no remark when he aimed the blow—I was present when he was reported to the Governor—he was admonished for talking—he told the Governor there was a higher one than him one day, then bread and water would be all over—then the Governor ordered him bread and water. COURT . Q. According to your account, when he first attacked the officer he had the scissors in his hand? A. He had them secreted in his breast, and he took them out; he had them in his hand when he struck at him—he was then behind the officer, the officer was going up from him—I don't know how he came not to strike him—I called out, and the officer faced about then, and by that time he had recovered his arm, and he struck him—the officer's back was to him, there was no one to interfere, and yet he did not manage to hit him—the officer was walking up the shop—he and the prisoner had both come in at the same time, only the officer had come in some few minutes previous and was walking up the shop—he faced about when I called out. JOHN BATTEN ( re-examined ). I have heard my brother warder's account—it is a different one to mine—I am right, I did not see anything of the kind, not till after I fell down—I was coming down the shop and facing the prisoner; he was coming one way and I the other—I never had my back towards him—I was facing him at the time—he could not have made a stab at me from behind if I was facing him—he could not have done so —I caught hold of him to prevent his striking again, and as I caught hold of him we both fell down, I being over him—I merely kept him down, so that he should not get up again—I am not under the least apprehension from the other prisoners in consequence of this affair. WILLIAM SMILES . I am surgeon to the House of Correction—I exa mined Batten—I met them coming out of the room, and took him and Driffield up to the infirmary immediately—Batten was bleeding freely from two wounds on the left side of the chest, from the two points of the scissors, I believe—his nervous system seemed very much shaken—I put him to bed immediately—I dressed the wounds, which bled freely—all his under-clothing was saturated with blood—the wound was on the left side, just over the heart, over the fifth rib—the rib stopped the blow—if the blow had been between the ribs it would probably have proved fatal—he is a very fleshy man, which mitigated the danger—it was a deep wound, down to the rib; I probed it—he has remained off duty and under my care up to the present time—the wound in itself has not turned out to be dangerous—I examined the hand of Driffield; he had a deep cut in the palm, in the fleshy part, dividing the tendons—it bled very freely, and was a dangerous wound—it is now nearly healed, but I have no doubt the first two fingers will remain in some degree stiff for life in consequence of it—it was a wound that might have been inflicted with a pair of scissors. COURT . Q. Is Driffield's sentence a long one? A. Twelve months—Four months of it have expired—I do not believe his position will be more uncomfortable in consequence of his interference—as a rule, we generally find prisoners rush to the assistance of the officers; in fact, it is the only protection the officers have among so many men—they did not do so in this case certainly, but I have known it in many cases—Duffield will be a sufferer from it for life; he has been in the infirmary convalescent ward ever since. JOHN BATTEN ( re-examined ). I had come in at the same door as the prisoner—I did not see him come in—I had gone up the shop, and was coming down the shop again, facing the door—this took place in the centre of the shop. Prisoner's Defence . I have this much to say, I have been used most shamefully, worse than I would treat a dog, for months; not only by him, but others. I have actually been obliged when I wanted to go to the closet to go from ten in the morning till four in the afternoon, because they could not punish me in any other way. I have been in that pain and faint that I have not known how to walk round the yard, and it was all because I reported an officer. This is what they call worrying a poor man. I was told by a prisoner who had been in there before that they would worry me for it, and would not put my number down when I wanted to go to the closet, and they have kept their word. No man could suffer more than I have by these fiends, that call themselves men; I am ashamed of them. I would not use a poor dumb animal as they have treated me, as God is my witness. Not satisfied with sending me for two years unjustly, they must hunt me up like this. I have no witness. Where could I get a witness? I leave it in the Almighty's hands. He is my-witness and my judge. JOHN BATTEN ( re-examined ). The prisoner has not reported one of the officers that I am aware of—I do not know it, either by hearsay or other wise. JAMES GOLDING ( re-examined ). I sever knew him to report an officer while I have been there—I had him in my charge from 1st September till 16th October, when he was taken from me and put into one of the gallery cells. Prisoner . It is six or seven months ago; I bore it till I could bear it no longer. Witness . When he was in his cell he had a utensil in the cell with him, and when he applied to go to the closet he was allowed to do so. JOHN BATTEN ( re-examined ). The men in the tailors' shop work on the floor—it is raised up about a yard high from the passage leading up the shop, a small platform—if the scissors were lying on the bench they would be about a yard from the floor—the prisoners wear a short jacket and waist-coat—the coat is buttoned by the top button—he could put scissors in his breast—they might not fall through—his trousers might Catch them—by his walking along I think they must fall through—there are outside pockets to the jacket, none to the waistcoat—I did not hear the warder call out. GUILTY of unlawfully wounding.—Five Years' Penal Servitude . The Jury expressed an anxious wish that mention should be made of the witness Driffield's conduct . 48. CHARLOTTE POWER (36) , Feloniously killing and slaying Frances Anne Power . MR. POLAND conducted the Prosecution . CHARLES AMBROSE . I am a surgeon at Hammersmith, and am surgeon to the union workhouse—on Friday morning, 14th September, I saw the deceased child in the nursery there between ten and half-past ten o'clock—I could not form a very correct opinion as to its age, because it was in such an emaciated condition—it was a few weeks old—it was in a very filthy condition—I examined it particularly—its head and ears were dirty—it had on a white frock, most filthy, saturated with vomit, and stank—the eyes were sunk in the sockets, the mouth half open, and it was con tinually moaning—it had a napkin on with some fullers' earth, and the thighs were excoriated, ulcerated—it died on the evening of the 5th Sep tember, about five o'clock—I had ordered it food at first—I ordered it half milk and half water as far as it could take it—it was too weak to suck or take the bottle, therefore food was given by a spoon—finding it did not rally, I ordered milk and brandy every hour; at the same time I requested a young woman who had been recently confined to suckle it—the child attempted to suck in my presence, but could not—the young woman then milked the milk out of her breast and gave it the child with a spoon—I made a post-mortem examination on the Monday by order of the coroner—I found no particular difference in its appearance at that time—there were no marks of violence at all—the child weighed 51bs. 14 oz.—a newly-born child in good condition generally weighs between 61bs. and 71bs. when born—this child ought to have weighed from 101bs. to 121bs.—I found the brain perfectly healthy, except that it was pale—there was very little blood in the vessels—I examined the mouth—there was no thrush—the lungs were perfectly healthy, only bloodless—the heart was healthy, and contained a very small quantity of coagulated blood on the right side—I think there was very little blood on the other side—the stomach was small and collapsed—it was perfectly healthy inside—it contained but a very small quantity of what I supposed to be coagu lated milk, about a spoonful—the intestines and bowels were all collapsed and reduced in size—a portion of the large intestine on the left side was distended with wind, and the lower part of the bowel at the end contained a small quantity offical matter—I examined the whole lining of the intestine—it was perfectly healthy—there was not a sign of disease about it—the mesenteric glands were healthy, and the liver, spleen, and kidneys—the skin was not shrivelled—it was not pinched up—when a child dies from want of food that is not necessarily the case, it would depend on the length of time—my conclusion was that the child died of inanition, which means emptiness, want of nutriment circulating of the system—I came to that conclusion because I found no internal disease whatever to account for death—it died because it had not been fed—if a child is too weak to draw milk it could have food administered to it—that was what was done at the workhouse—we attempted to make it swallow, but it did not—it was too weak to make any effort on its own part to swallow anything. Prisoner . I had not sufficient milk to give the child, but I fed it well, and gave it food of a night—it was very ill with diarrhoea, and I took it to Dr. Spurgeon when it was about five weeks old—he was out of town, but a gentleman saw it and advised me to change the food, which I did, and gave it flour, arrowroot, and milk, but it was then very bad and continually fretting, and nothing came from it but blood and matter—Dr. Spurgeon afterwards saw the child, and he ordered me to give it milk and take beer myself, which I did—I was advised to use fullers' earth to the child, as it was so sore—I fed it as I would a bird, and never left it without food. COURT . Q. Suppose a mother had no milk of her own, could the child be brought up by hand? A. Of course—sometimes they will not feed in that way, and then they die—I could not form an opinion on that point with regard to this child, because I saw it in such a feeble condition, only two days before its death—many children are brought up by hand—the year before last I had two cases in which I was obliged to find a wet nurse for the child, which would have inevitably died without, whatever care had been taken of it—in my opinion this child could have been fed by hand if food had been given to it when it was strong enough to take it, but it was starved when I saw it; the food came too late. FREDERICK WILLIAM SPURGEON . I am a surgeon at Hammersmith—I know the the prisoner—she lived at 9, Paradise Cottages, Albion Road, Hammersmith—I believe she is a married woman—I attended her when she was delivered of this child, I believe on the 27th June—it was a nine months' child—she had a very good time—I attended her for the ordinary period, about nine days—I believe she was able to give the child the breast—it was not her first child—she had two or three living at that time—when I ceased to attend her the child was going on well—I believe I saw her husband, but I am not positive—my visits were in the day, and he would not return till night—I next saw the child on the 9th September—the prisoner sent to me and desired me to visit it, and I went to her house—she said the child did not seem to be getting on, and that it was suffering from diarrhoea—I saw that it was in a very emaciated condition, and I directed that it should be continued at the breast, and that it should have beef-tea and some drops of brandy occasionally, and a little arrowroot—I also prescribed some medicine to check the diarrhoea—she got the medicine—I saw the child the next day—it was then somewhat better—I did not not see it again till the 13th, the Thursday—then I examined the prisoner as to the nutriment the child had been receiving, my attention having been directed to that point by the neighbours—she told me she had given it the various things I had directed, arrowroot, beef-tea, and brandy—I asked her to show me the beef-tea, to convince me it really had had it, and a basin of beef-tea was produced, nearly full, and in a stinking state—she said the child would not take the breast—I said, "Let me see"—she then put the child to the breast, and it sucked—I could not swear that it got milk—I felt it my duty to have the child taken to the union the same day—I cannot say at what time it was taken there—that was the last time I saw it—I could not swear whether the diarrhoea had ceased then—the house was always wretched—I believe I have seen her the worse for liquor—I won't say positively drunk—I believe she was recovering from the effects of liquor when I saw her on the 18th, by her manner; her clothes and the room smelt so offensively of vomit that I was obliged to have the child brought into another room—I believe that was her vomit—she had every aspect of recovering from a drunken bout—drunkenness would have a very bad effect on the milk—it would impoverish the system, and deteriorate the quality as well as the quantity of milk. COURT . Q. What was the condition of the child as to cleanliness? A. It was decidedly dirty, but I did not examine it so minutely as Dr. Ambrose seems to have done—the only food I saw was this bad beef-tea—I inquired for arrowroot, and there was none in the house—my memory won't serve me as to the brandy. SUSAN PIERCE . I am married, and live at 9, Paradise Cottages, Albion Road, the same house as the prisoner—I have known her just on three years—I nursed her in her confinement for a fortnight—the child was a nice little baby born, small, but rather fat—it was not ill while I was nursing her—she brought the child down to me one day after that—it was rather cross, but I did not see anything the matter with it—she told me it had diarrhea—it looked clean then—I did not examine it—I saw it take the breast—it did not appear to take it eagerly—it sucked very nicely—I remember the doctor being called in—he asked me to go upstairs with him to see the child—he asked to see the arrowroot and brandy which he had prescribed for it, and I showed him the beef-tea—that was bad, and that was all there was that I saw—it was stinking, and the spoon that was in it was all verdigris—I saw no brandy in the house—I have had the child for one week, and the prisoner brought me one or two pennyworths of brandy for it at that time—that was before it was ill—she was out drin ing the whole of that week—the husband gave it to me to mind—he asked if I would look after it for him—I gave it arrowroot and brandy, and baked flour and milk—the husband provided the milk every night, or else left the money for it before he went out in the morning—the prisoner would be out four or five hours at a time drinking—she did not remain out the whole week—she came home at night, and sometimes in the course of the day—the child would hardly suckle then—she would go and lay down and go to sleep—she sometimes gave it the breast—she was not sober when she came home—I could not swear how often I have known her be away in that manner and come back in that state, but several times—her husband is a plasterer—I do not know what wages he gets—there are three boys now living at home. Prisoner . She has said to me herself, "What is the use of giving the baby that bit of skin? it only sucks the wind from you." Witness . When she has been out drinking I said it only made the child worse if she gave it the breast—she did not eat anything the whole of that time, and it only made the child ill—it always ate what I gave it—it could have been brought up by hand if it had been taken care of—it was taken to the workhouse at half-past six on the Thursday evening—the prisoner was not sober when she came home that night at half-past eight—it was a week before that that I had the care of the child—it was very well then, only a little diarrhoea, nothing to speak of. JURY . Q. On what terms did the husband and wife live? A. Very good—they scarcely ever quarrelled—he is a very sober man—I never saw him the worse for drink. JOHN SEARLE ( Police Inspector T ). I saw the prisoner on the evening of the 14th September, when she was brought to the station, on a warrant taken out by the parish authorities, for neglecting to support her child—she was then suffering from the effects of drink—she complained of having diarrhoea, and I sent for the divisional surgeon, Mr. Barnes—he examined her and said, "I am of opinion you are not suffering from diarrhoea, but from the effects of drink"—he prescribed some medicine for her—I believe her husband is a very respectable man, in regular work as a plasterer—I be live his pay is about 35 s . a week. Prisoner's Defence . I was not intoxicated. I was very ill. I did every thing I could for the baby. I own I have gone out at times when I have been in a low wandering state, and did not know what I was doing. I had no friends to go and speak to. The neighbours insulted me frightfully, and my husband was very cross to me; he has kept me without money at times, and sometimes only given me 2 d ., 3 d ., or 1 s . GUILTY .— Confined Six Months . 49. RICHARD ROBERT PARRY (26) , Feloniously killing and slaying Septimus Hoskins . He was also charged on the coroner's inqui sition with the like offence. MESSRS. METCALFE and STRAIGHT conducted the Prosecution, and MR. RIBTON the Defence . CAROLINE GARRETT . I live at 34, Chalk Farm Road, Haverstock Hill, and am sixteen years old—on Wednesday, the 10th October, I went to the Railway Tavern, kept by Mr. Parry—I live next door—I went for a pint of ale—when I went in the barmaid and Parry were in the bar—Hoskins came in afterwards—I knew him by sight—I had seen him about the neighbourhood—he was a short old man—he asked Parry for half a quartern of gin, with which Parry served him—he put down a two-shilling piece, and said to Parry, "What did you turn me out for the other night?"—Parry said, "For grossly insulting my wife"—some abusive language arose between them, and Parry made a strike at Hoskins over the bar and missed him—he jumped over the bar and knocked him down, and beat his head against the boards with his hands—he did it three or four times, I should say—Hoskins called out "Murder!"—there was a little private bar and a little door, that you can get from one part of the place to the other—there is a bottle and jug department, which divides it—the door was un done, and I went through there and opened the front door and let Hoskins out—he was dragged out by Parry and Mike, a man who sells apples at a stall outside Parry's house—I opened the door, and let them drag him out—when Hoskins got up he called Parry an abusive name, and Parry slapped his face, and with that he fell down—he slapped him with his open hand as hard as he could—Hoskins called Parry abusive names several times—when he fell Parry went to hit at him, and knocked one of his teeth out with his fist—after that Hoskins tried to get up—while he was trying to get up Parry struck him twice or three times I think, once in the mouth, which bled furiously, where the tooth was knocked out, and the other was under the eye—he struck at him with his clenched fists—after that Hoskins did not go in, but waited outside the door and called Parry abusive names—Parry went in—Hoskins's eye was very much swollen, and his collar and necktie was torn completely off, and his mouth was bleeding—he held a handkerchief to it by his left hand—I picked up his tooth that had been knocked out, and gave it to him—I helped him up and fastened his collar and necktie. Cross-examined. Q. Were you examined before the Magistrate? A. I was not called in—when the inquest was on I was not at home—I assist my father in his business—he is an upholsterer—I run the seams together—I work in my father's house when he has work—I work nowhere else—I did not see what occurred on the Monday—the deceased came out of the door, and I heard what was said—I saw some struggling at the door—the deceased was not trying to make his way into the house again—he only said, "Give me my change"—he said that at the door several times—while he was saying that the prisoner went inside and got over the bar, when Mr. Hoskins hallooed in an abusive name to him, and then the pri soner returned out—he hallooed it out more than twice, out loud just out-side Mr. Parry's door—it was after he got up—I saw him come out of the tavern—at first, when he went in, he asked for what refreshment he re quired—I was inside—I heard his words, and I did not return out till it finished—I heard all that passed—the language made use of by the de ceased is not fit to mention—he said, "What did you turn me out for on Monday night? It was not me that did it, it was another surveyor that I had with me"—there were two stablemen inside—they sat in the further bar that leads to the coffee-room—I swear that the prisoner knocked the deceased's head against the floor several times—he was going to get up, and the prisoner knocked him down again—I went and opened the door, and he was dragged out by Mr. Parry by one arm and Mike by the other—he laid senseless on the ground then for some time—it was after that that he came to the door and abused Mr. Parry—I first gave this evidence to Mr. Wontner, the solicitor—I do not know the date now—I was examined before the grand jury on Monday—that was the first time I gave public evidence—I have only known the prisoner since he came to the place—I cannot say how long that is—I have not been speaking to my father about this matter—I have not heard him make any offer—he is here if you require him—he saw nothing of this—I know one of the two men that were in the place, not the other—he is an ostler—I do not know his name—I know Rogers, a fish man—he was not there at all—he was not inside—he was not at the doorway—I believe he had gone on an errand or something—he came up very near as it was over—I told Mr. Wontner that I did not know the names of the two men that were there—he asked me if there were any men there—I told him two, and that I knew one, but not the other—I knew one only by sight—he did not ask me to try to find him out, or point him out—I swear that the prisoner knocked the deceased's head against the floor—he catched It in his hands like that, and dashed it against the boards like that ( with both hands )—I think I saw Mr. Wontner on the Monday or Tuesday week after the inquest—Mr. Hoskins, the deceased's son, came for me—I was subpoenaed—I knew nothing of the inquest—I was in the City along with my mother and father. MR. METCALFE . Q. You say Mike helped to take him out; where did he come from? A. He was outside selling his apples, and when he saw the scuffle he came up to the door the same as any one else to look on—that was when I opened the door. MR. RIBTON . Q. Do you know a Mrs. Tuskin? A. No ( she was called in )—I know her by sight—I have spoken to her once or twice—I saw her this morning—I merely said "Good morning," and asked her how the baby was—I have not seen her at any other time—I never said to her that I knew nothing at all about this, that I only came here to get 5 s . a day, and that my father had been to the defendant about it—I never said that, nor did I say that he had kept me out of the way at the inquest—I deny all that. COURT . Q. Where were you in the City with your father and mother on the day of the inquest? A. I do not know the name of the lane—it is a turning out of the City against the Bank—we went out with father—he went on business to a gentleman he does work for, and he merely said to me and mother, "Will you walk with me?" and we did so—we did not go into any place—we waited for him—I had no idea the inquest was coming on, or I would not have gone—I had no idea there was going to be an in quest—I did not know of it till Mr. Hoskins called on me. MARY GARRETT . I am the wife of William Garrett, a furniture dealer—the last witness is my daughter—on the 10th October I was standing outside my shop, which is next door to the Railway Tavern—I saw Mr. Hoskins drawn out on the ground by Mr. Parry, and my daughter went to help to push the doors open—Mr. Mike helped to push the door open too—I do not know him by any other name—he sells apples—when he was dragged out I saw Mr. Parry brutally hit him on the ground three times on the head—he laid quiet for a little time, stunned—after that I saw him get on his knees—Mr. Parry was going towards his own house, and he would have gone in, but Mr. Hoskins insulted him by calling him a bad name, and Mr. Parry returned, and when he returned my bookcase came on me—it was a piece of furniture that was outside—there was a good many people there—it was knocked down by Mr. Parry striking at Mr. Hoskins on the ground—he was then on his knees—this took place just off my step—Mr. Parry said, "You insulted my wife"—Hoskins said, "I did not, it was not' me"—a crowd then collected round, and after that I had enough to do to take care of my furniture. Cross-examined. Q. You were not inside the tavern? A. No—I never left my bookcase till the fighting was over—I did not see what occurred inside—the first I saw was Mr. Parry helping to drag out Mr. Hoskins on the ground—he seemed to draw him himself pretty well—Mike was help ing to push open the door. COURT . Q. Where was your daughter? A. Standing by the side of the bookcase after she had gone in—she had been to fetch a pint of ale, into Mr. Parry's—I saw her help to push the doors open—she then stood by my side till the bookcase fell on me—I did not hear of the inquest—I went into the City with my husband—it was held at the Prince of Wales I think, that is just down the street, by Mr. Parry's house. MARY PRICE . I am servant to Mrs. Smith, of 32, Chalk Farm Road—there are two houses between that and the Railway Tavern—my mistress was sitting at the window at work when this took place—I went into the room—there was a noise at the Railway Tavern—I walked towards the window and told my mistress, and we threw up the window, and I saw the prisoner and the deceased coming out—they had both got up their hands—Parry was trying to put Hoskins from the house, and Hoskins was trying to re enter it—I saw Parry strike Hoskins one blow in the face, and he fell on the stones—he lay there for a second or two, then he partially raised himself, got up, and walked about with his collar and necktie in one hand and his handkerchief in the other, frequently putting it to his mouth—he walked about I should say for twenty minutes—I then came in, my mistress told me to shut the window—it was not dark, it was getting dusk—I could not say whether there was any blood on him—I saw no one go to him when he was knocked down—Mr. Parry went indoors directly, and he looked very pale—I did not hear any language at all. Cross-examined. Q. Have you told us air you saw? A. Yes—my attention was directed to them from the first time they came out—Hoskins seemed to be trying to re enter the house—I saw Mr. Parry push him out—that was the only struggle I saw—I did not see Hoskins pushing against Mr. Parry—I saw both of them with their hands up, and then a blow struck, and after that Mr. Parry went in. COURT . Q. Are you sure he was not dragged out? A. I am confident he was not—he was on his feet when I saw him—I saw a man standing there with apples—I did not see him do anything—I saw Caroline Garrett and her mother standing protecting their goods in the struggle—there ap peared something like a cheffonier pushed over, and I saw them picking it up—our house is next but one to theirs, on the same side of the way. Q. How was it you were able to see it from your window? A. We put our heads out—the deceased came out of the house on his feet—he appeared to try to get in again—he walked from one door to the other—there are three doors altogether to the public-house—I did not see what happened to him when he got to the other door—I saw that he walked about for twenty minutes afterwards—it was not before Mr. Parry struck him that he tried to re enter the house, it was afterwards—I could not say whether Mr. Parry had got him by the collar or the shoulders—the instant we opened the window we saw Hoskins come out as though somebody was pushing him—I do not know what made Mr. Parry strike him—he struck the blow the instant he was out, and down Mr. Hoskins fell—I did not see but one blow—Mr. Parry did not kick him when he was down or hit him—I am confi dent of that. AMELIA SMITH . I live at 32, Chalk Farm Road—On the 10th October, between five and six o'clock, I heard a disturbance at the Railway Tavern—my servant, Mary Price, raised the window; I looked out and saw two gentlemen coming from the Railway Tavern, at the door nearest to my house—their hands were raised, Mr. Parry was pushing the deceased for ward, and he was trying to re enter the house—I then saw Mr. Parry give him one blow, and he fell to the ground with a very heavy fall on the stones on the back of his head, and I said, "Oh dear, he has killed him"—he remained insensible for a few seconds, then he partially raised himself, and then he got up, with his shirt collar and necktie in his hand—I did not see him take them off; when he came out of the house his shirt appeared loose, and his waistcoat was unbuttoned—after he got up he tried to re enter the house—he looked excited—I did not hear any language, I thought I heard Mr. Hoskins say, "You area liar," but I could not swear to that—I believe he was perfectly sober. SEPTIMUS HOSKINS . I live at 74, Prince of Wales Road, and am the son of Septimus Hoskins, the deceased—he was sixty-four years of age, and was a surveyor—on the evening of the 10th October, when I came home, I found him sitting in an easy chair by the fire; he had a tremendous black eye, his head was bandaged, and he had a blow in the mouth—he told me he had had a blow in the eye and in the mouth—when I left him in the morning he was to all appearance in the best of health; he died on the 2nd November. Cross-examined. Q. He was generally a strong active man, was he not? A. He was—he was not out for two or three weeks after this transaction; he went out the next day, I did not see him, he did not stop long—Mr. Knight was with bim. WILLIAM KNIGHT . I am a builder, 29, Alma Street—I knew the deceased—I was with him on Wednesday, the 10th October, from about half-past two till about five—I left him then under the railway arch, Chalk Farm, near the tavern—he was in good health, as far as I can say, and quite sober. Cross-examined. Q. Did you see him out frequently after the 10th? A. No; he was out once with me, next day, the 11th—we went out to do a little business for an hour, but he could not manage it, he went back home again; I did not see him again. JURY to MRS. GARRETT . Q. Was any of your furniture broken? A. Two little pieces off the bottom of the bookcase, by falling over—I did not make a claim on the prisoner for that, merely told him of it—we have not sent in any bill—I told him he had broken the book case, I got my husband next morning to put on the pieces that were broken off; the bookcase was worth four guineas—I suppose any one might have mended it for 1 s . 6 d . or 2 s .—I did not tell the prisoner how must it cost—I said, "You have broken my bookcase, and my husband mended it." BENJAMIN BAILEY , M. R. C. S. On Sunday evening, the 14th October, I was called to see Mr. Hoskins; he was suffering from great pain in his head; he had a severe bruise under the left eye, and there was extra vasated blood in the surface of the eyeball itself—his pain was princi pally in his forehead—he was somewhat rational in his conversation, and apparently attended to business—I continued to attend him until the time of his death, on the 2nd November—from the apparent weakness of his system, I considered it would be as well to see another medical man, and I called in Dr. George—during the last two or three days he was more or less unconscious—sleepy—I made a post-mortem examination—externally there was a bruise under the left eye, with effusion of blood round the ball, a yellowish discolouration of the scalp on the right side on the skin of the head—internally the dura mater was very much thickened and adherent all over the inner surface of the bones of the skull, and underneath the dura mater , on the entire surface of the right hemisphere, was a diffused coagulum of blood from the back to the front—the lungs were flaccid and loaded with mucus; the heart was flaccid and loaded with fat—the liver was large, indurated, and presented a nutmeg-like appear ance on being cut into—the coats of the stomach were thickened and contained a brownish liquid like beef-tea; the kidneys were enlarged, somewhat soft, and enveloped in thick fat; the left kidney on the lower part contained two cists of serum, which burst—they contained about a tablespoonful of serum each; the spleen was healthy—the cause of death was the extravasation of blood on the brain, that might be caused by external violence—when I first examined him his head was sore on the right side, he could not bear any pressure, and there was great heat over the forehead, it was burning to the hand. Cross-examined. Q. Do I understand you to speak with confidence that the injury to the head was the cause of death? A. Yes—when he complained of pain in the first instance it was on the forehead and round the sides, but the clot was at the side, and on the top part of the half of the hemisphere—there was no injury at the top of the head, no bone broken, there was a bruise, not on the top, on the side, one bruise—I should think it might have been the result of one fall—he was a moderately built man, something weighty, not particularly muscular, but well formed—I should take him to be about twelve or thirteen stone, and about five feet four inches in height; I should call that a moderate height. COURT . Q. Put your hand to where the external injury was that you saw when he was alive? A. About there ( near the top of the head )—he could have got that if he had had his head knocked on the ground by falling—if he was taken by the ears or hair, or collar, and his head knocked on the ground, I should think it likely that part would be touched, because the neck would give to a certain extent as he bent over—he might have fallen on that part of his head—his feet would to a certain extent be up in the air for him to do so, but he would fall that way, even if he was struck. MR. RIBTON called the following Witnesses for the Defence :— THOMAS ROGERS . I did not see anything that happened on the Mon day—on the Wednesday I was standing by my stall opposite Mr. Parry's house; I heard a noise in one of the compartments of the bar—I went to see what it was, and I saw Mr. Parry trying to turn a man out—I opened the door, and the old gentleman was sitting on his latter end on the floor, and Mr. Parry put his hands under his armpits, and lifted him out—when he got; outside he made use of very bad languare, and called Mr. Parry a b—vagabond, and squared up to him in a fight ing attitude, and Mr. Parry hit him and knocked him down; he then went indoors, he did not strike or kick him while he was on the ground; as soon as he delivered the blow he went indoors—I am quite sure the de ceased squared up, he did it in that way ( in a boxing attitude )—he squared right up to him—I know Caroline Garrett, I saw her standing by the side of her mother, and my wife was standing at the other side of her mother at the time—there was no one in the bar barring Mr. Parry and the old gentleman when I opened the door. Cross-examined. Q. You keep the apple-stall outside the public-house? A. , No, I sell oysters, whelks, etc., anything I can buy—I am not the man they call Mike —I know him—my stall is opposite Mr. Parry's house, on the same ground the house stands on, about seven yards from it—Mr. Parry gives me permission to stand there—I have stood there six or seven years—I know Mr. Parry, of course—when I have anything to spare I spend it there—he never gives me anything to drink—I never had a drain at his expense till yesterday, opposite here—I have not seen a good deal of Mr. Parry in the last two or three days—I was with him yesterday for about five minutes—he said nothing about this case, not a word—he did not talk to me at all—there were more there besides me, I don't know who—no one that is here—my wife was not there, nor Mrs. Tuskin—I know her by sight, I came down with her—she does not live near me—Mr. Parry said nothing to me, only asked if I would like anything, and I preferred threepennyworth of brandy, and that was all—When I heard the disturbance in the house I did not go in and assist in taking out Mr. Hos kins—I did not go in at all—I did not notice his shirt and collar. MR. RIBTON . Q. Were you examined before the coroner? A. Yes, I was subpoenaed to attend here—when the deceased squared up to Mr. Parry he called him a b—vagabond—he said two or three different words—that was the only word I caught hold of—after Mr. Parry knocked him down he got up and said he would fight him for an hour. MARY JANE TUSKIN . I live at No. 31, Leonard Square—my husband is a coal-heaver—I know Caroline Garrett by sight—I have spoken to her—I saw her three days after the coroner's inquest—I heard of what occurred at the public-house—I had not heard of the death of the old man before she told me—I and my sister, Mrs. Thomas, were going to Mr. Cook's, the butter-shop, and we met Miss Garrett—she said, "Do you know anything of Mr. Parry's affair?"—I said, "No, not much; did you see it?"—she said, "Yes, I was in there getting some ale"—I said, "Oh"—and she said, "Well, Mr. Parry jumped over the bar and struck at the old gentleman, and then went and bolted the door, and knocked the old gentle man down and then kicked him"—I said, "Were you in there when he done that?"—she said, "No, I was outside"—I said, "Then how did you see it?"—she said, "I only go by what the newspapers tell me and what I was told"—I said, "Then you will swear false"—she said, "Never mind; there's plenty of money, because I shall get my dollar a day." Cross-examined. Q. What was the day this conversation took place? A. It was the third day after the inquest—it took place close by Mr. Parry's public-house—I am really married—I do not go out to work—I am not very intimate with Miss Garrett—they have got a shop next door to Mr. Parry's, and whenever I go by she generally stops and speaks to me, and asks how the baby is—I did not mention this conversation before this morning; then I told it to Mr. Parry himself, in his own house, because I thought it was my place to do so—I did not hear of the inquest—I did not know that the gentleman was dead—I never knew anything about it before this young person told me—I did not mention it to Mr. Parry before, because I did not know there was any bother about it—I hardly ever go down there, except I go down to my husband, where he works—I live a goodish distance from there—I go down there about twice a week to see for my husband—they pay just outside Mr. Parry's house—my husband does not use the house, he is a teetotaller—Mr. Parry did not bring me here to-day, I came with Mrs. Rogers—I told Mr. Parry the same that I have told you, the truth, what Miss Garrett told me—she said she had heard that lots of money was flying about, and she did not care, for she should get her dollar a-day: those were the words she said to me. MR. RIBTON . Q. How came you to go to Mr. Parry's? A. Mrs. Rogers said the best thing I could do, as I heard that, was to go there—I met her this morning—we were talking about the matter, and I told her what this girl had said, and she said it was my place to go and see Mr. Parry—I heard Mrs. Rogers had to come here. COURT . Q. How came you to mention this girl? Did you know anything about her coming here? A. Yes, she told me herself she was coming here—she said she was subpoenaed up to come, and asked me if I was com ing, and I said, "No"—that was three days after the inquest—I had not seen Mrs. Rogers till this morning—I did not tell anybody else, because I did not know it was anything to do with me—I am not to have a dollar a day—I don't wish for anything whatever, because I don't earn it—I have nothing to do but keep my place clean and my baby, and that I did this morning before I came away—I brought the baby with me to-day. SARAH THOMAS . I know Mrs. Tuskin and Caroline Garrett—I heard of this affair at Mr. Parry's house three days after the inquest—Mrs. Tuskin and I met Caroline Garrett close by Mr. Parry's house—she asked my sister, Mrs. Tuskin, had she seen anything of Mr. Parry's affair—Mrs. Tuskin said, "No; did you?"—she said, "Yes, I saw it all"—she said that she was inside, getting some ale, when Mr. Parry jumped over the counter and struck the old gentleman—he immediately ran and shut the door and knocked the old gentleman down and kicked him—Mrs. Tuskin said, "Did Mr. Parry lock you in?"—she said, "Oh no, he did not lock me in; all I want is money"—Mrs. Tuskin said, "You are going to take a false oath"—she said, "Never mind, as long as I get my dollar a day"—that was all I heard—she said she did not see what took place inside—she said the mob was so great outside the house that she could not get nearer than her father's door, she only went by what other people said and what was in the papers—I did not mention this to anybody—my husband said I had better come up, that Miss Garrett was going to take a false oath, and, if I was wanted, to come and say what she told my sister and me—I told him what Miss Garrett had said, and he said I could come up if I was wanted—I came here this morning to help to carry my sister's baby, or else I do not know that I should have come. Cross-examined. Q. When did you first mention this to your hus band? A. Last week, on Tuesday or Wednesday, I do not know exactly—I work hard for my living—I have got a mangle—it is not doing any thing to-day—I do not much with it before Friday or Saturday—those are my best days—I do not know Mr. Parry particularly—I go there for my beer of a night and occasionally have beer there—sometimes I may be there two or three times a week, and sometimes I do not go there for a fortnight—I did not know about this affair till Miss Garrett told me and my sister of it—that was three days after the inquest—I have not been to the public-house since then—my husband is a teetotaller—I take half a pint of beer when I want it—I did not go and tell Mr. Parry anything about this—I knew I could give important evidence. COURT . Q. When did you agree to come here with your sister to take care of the baby? A. This morning—I had not arranged it before that—she asked if I would come with her—she lives about five minutes' walk from me—she came to me this morning and said she would come if she was wanted, and spoke about what Miss Garrett had told her and me, and I said, "If you go I will go with you"—I spoke to my husband about it last night—he said if I was wanted I could come—he did not order me to come—Miss Garrett told me and my sister that she was subpoenaed here as a witness—I did not go and tell Mr. Parry, because I did not want to have anything to do with it—it is the truth that I have told. EUPHEMIA ROGERS . On the night this happened I was standing next door to Mr. Parry's along with Mrs. Garrett and her daughter—I saw my husband open the door while Mr. Parry lifted the deceased out—after that he sparred up to Mr. Porry and used very bad language—he said he was a b—son of a b—and Mr. Parry struck him on the mouth and then returned indoors—the girl Garrett was with me all the time, and for three or four minutes before I saw them come out of the house—she had not been inside, I am quite sure of that. Cross-examined. Q. What are you? A. I keep an oyster stall at the Railway Tavern with my husband—I did not go to the inquest—I did not know that I was wanted—if I had been wanted I should have been there —I was not aware that what I had to say was important—my husband went to the inquest—I came here to-day with him—I did not talk the matter over with him on the way—I never mentioned it—I saw Mr. Parry to-day in his bar just before I started—I was only waiting to see whether I was to come or not—there was a great crowd when this took place—I first mentioned what I have stated to-day last Monday to Mr. Parry and another gentleman who sat by his side—that was upstairs in Mr. Parry's house—I was not sent for—I had mentioned to Mr. Parry about what I saw of it before that, but it was not till Monday that I told him what I knew—I do not know when the inquest was. AMELIA SMITH ( re-examined ). I did not see the deceased square to Mr. Parry at all—I am sure he did not—his hand was up in this way, pushing—that was after he was outside—he appeared to be trying to re enter the house—there was no clenching of the fist. MARY PRICE ( re-examined ). I say exactly the same as my mistress—I only saw their hands up—Mr. Hoskins was endeavouring to push Mr. Parry, to get into the house again—I did not see any squaring—he had his hands open, endeavouring to push Mr. Parry, to get into the house. COURT to CAROLINE GARRETT . Q. Now, be careful: have you heard what these two women have said about you? A. Yes, but I never see them, I still deny them—I never saw them—I knew nothing of it till I received my subpoena, when I was to come on the inquest, or anything—I did not have this conversation with them—it is untrue—I say I did not see them, I merely saw the one with the baby this morning, and said "Good morn ing" to her—I swear it is untrue—I was getting a pint of four ale for my mother, she was going to drink it, she was very thirsty—she had had her dinner—it was not her supper ale, it was between five and six o'clock—she sent me in—I persist in my statement that I was inside, or else I should not have known—I did not say anything about getting a dollar a day, or anything about the newspaper—Mr. Wontner, the solicitor, gave me a subpoena—I don't know the date. SEPTIMUS HOSKINS ( re-examined ). It was his own tooth that my father lost—he had a set of false teeth. THOMAS ROGERS ( re-examined ). I know Mike, who keeps the applestall—he is here in court. The prisoner received an excellent character . NOT GUILTY . 50. GEORGE MAIN (30) , WILLIAM WHITE (37) , and ELIZA BETH BEVIS (32) , Robbery on Thomas Swallow , and stealing from his person 28 l . 10 s ., his money. MR. COOPER conducted the Prosecution, and MR. HARRIS appeared for Main , MR. WILLIAMS for White, and MR. PATER for Bevis . JOHN THOMAS SWALLOW . I am an auctioneer, of the Market Place, Peterborough—I came to London on Tuesday afternoon, the 23rd October, and next evening went to King's Cross, intending to return home—I left my inn, as I thought, at half-past eight, and when I got to King's Cross I found it was only twenty-five minutes to nine, which very much surprised me, but I found afterwards that the inn clock was fast, and that it was a quarter past eight when I left there—the gatekeeper of the railway told me that I had half an hour to spare, so I placed my coat and bag in a railway carriage and lit a cigar in his presence and went outside—when I was leaving him, the female prisoner accosted me two or three feet from him and asked me if I was going to Glasgow—I said, "No, I am going by the Edinburgh mail—she said, "I should like to go to Glasgow"—I said, "You had better go then," and walked off—I then went into the Victoria and had a glass of ale—I came out again, and walked across the road to where they are pulling some buildings down, opposite the Great Northern Hotel; I was turning round to come back again, and the same woman, to the best of my belief, came up and put a question about Glasgow—I said, "Be off, and don't bother me"—two men then came up, one with a white hat on, and who I can swear to—that is the little one, the prisoner White—he asked me if I knew where Mr. Johnson lived—I said, "No, I do not know anything about Mr. Johnson, I am an entire stranger—White then gave me a blow on the right side of my face with an umbrella—it was not very severe—I then received a blow on the left side of my head, which felled me to the ground—I do not know what that blow was given with—two men and a woman were close to me after I received it, all round me in a cluster—when I was on the ground I felt for my money, and said, "You have robbed me"—I had my hand on my money before I received the blow—it was in a canvas bag in my left-hand trousers pocket, not tied up, but twisted round—I had not to pay my fare, I had a return ticket, and had not taken my purse out after I left the hotel—I said, "You vagabonds, you have robbed me"—White said, "Oh! no, nothing of the sort; you have had a fall, allow me to assist you; do not excite yourself"—I said, "You have," and shoved him over and got away from him—I struck him and shoved him away—he was holding me here ( by the coat )—I then rose up, and saw a man and woman running down the street—White tried to hold me and to trip me up, but I got away and ran after them—he did not trip me up, but he caught me by the calf of the leg—he had a white hat on—I got up to him, and the big man turned on one side and I lost sight of him—I saw the woman running, and laid hold of her and said, "You or the men have got my money"—I then received a third blow on the left side of my head, about the same place as the second, which rendered me senseless, and I fell to the ground—when I came to my senses they were all gone—I made a communication to the police, and then saw White on the other side of the way, and pointed him out to the policeman, who crossed and took him into custody—I then went across to him and said in his presence, "That is the man who struck me with the umbrella"—he said that he was not, he had been to see a friend off by the train—a great many people came round us—I saw a tall man going down the pavement, and said, "To the best of my belief that is the other man"—he was taken in custody directly, and I have seen him here to-day—I never saw his face, but I recognised him by his voice, which I heard at the time the question was asked about Mr. Johnson—they both came up and asked where Mr. Johnson lived—I next heard his voice when he said that he knew nothing of the robbery and nothing of that man, alluding to White—I cannot swear to Bevis. Cross-examined by MR. HARRIS . Q. I understand that you do not swear to Main? A. No. MR. COOPER . What time elapsed from your being robbed, till their being taken in custody? A. Not five minutes: not three. Cross-examined by MR. WILLIAMS . Q. Are there a number of houses pulled down and a vacant space opposite the Great Northern Railway? A. Not to my knowledge—I went to the Victoria first and then across the road—there are some shops there, and a hoarding which comes up to the pavement—it was not more than three minutes after I was knocked down the last time, that the prisoners were taken in custody—I was perfectly sober—( The witness's deposition, being read, stated , "about five minutes elapsed between the occurrence and their being taken into custody")—that is correct—I had got out at the station gate before anybody accosted me—when White was taken he was on the opposite side of the road—I do not know whether he was standing still, the police had got hold of him—I had told them that the man who accosted me had a white hat on—I had never seen White before—one man asked me where Mr. Johnson lived, and the other said that he knew he lived about there, but did not know the number—to the best of my belief it was the big man ( Main ) who said that he did not know the number. Cross-examined by MR. PATER . Q. Are you able to say whether more than one woman spoke to you? A. Only one spoke to me, but I saw two after I got from the ground—another woman joined in the chase, joined in running away—I do not know what she ran for—I could not swear to her. RICHARD SPRATT . I am a cabdriver, of No. 2, Erin Place, Thames Bank, Pimlico—on the night of 24th October I was coming out of the Great Northern Railway by the back way at about three minutes past nine—I pulled up directly I got outside the gate, and just at that time three men ran by fast, all three in a line—they stopped at the corner of Edmund Street, but previous to that I saw a man stop a woman—I do not recognise the prosecutor as the man—I went to the top of the street, and then saw the prosecutor getting off the ground, and saw White and Main make off in opposite directions in St. Pancras Road—a woman walked down the same way as I came up—the prosecutor got up and spoke to me—I told him that there was a constable on the other side of the road—he went and spoke to him, and while he was doing so I saw White on the opposite side of the road—a policeman took him in custody—Main then came up, and the sergeant and the prosecutor told the constable to take him—directly the sergeant said, "That is the other one," he attempted to make off, but only got a few yards before he was stopped by the constable. Cross-examined by MR. HARRIS . Q. Did he walk away two or three yards? A. Yes, a quick walk—I said before the Magistrate that I was not quite sure as to Main. COURT . Q. You mean that you were not quite sure that Main was one of the men whom you saw make off fast? A. No. Cross-examined by MR. WILLIAMS . Q. From the time you saw the prosecutor on the ground to the time White was taken, how long was it? A. Five minutes—the man I spoke to about White went to the right, away from the station, running fast—I did not turn the corner to see him after he ran—when I saw him about five minutes afterwards he was standing still, underneath the railings—the prosecutor pointed him out before he was in custody. Q. Then if the prosecutor says he was in the custody of the police at the time he pointed him out, it is not correct? A. He was on the opposite side of the road—I only saw the side face of the man I supposed to be White as he ran by me. MR. COOPER . Q. You saw his side face, and what do you say? A. I swear he is the man. GEORGE PARRY ( Policeman 14 Y ). On the night of 24th October I saw Swallow in St. Pancras Road, leaning against a. hoarding opposite Edmund Street—he was very much excited—I spoke to him, and while doing so saw White and Main coming along on the opposite side—I had seen White before—I called Swallow's attention to them, and then ran across the road and seized White—he addressed me first, and said, "I did not rob the gentleman, I have come to see a friend off by the train"—Swallow then came up, and some people came round, amongst whom was Main—he was about a yard from me, and White was about a foot from Swallow, who pointed him out, and said, in Main's hearing, "That is the other man that robbed me"—Main instantly made off, pursued by Wood rough—White had this umbrella ( produced ) in his hand—about a quarter of an hour previous to this transaction I had seen the three prisoners and another man and woman at the corner of Euston Road and St. Pancras Road, opposite the arrival entrance of the Great Northern Railway—I had not seen them together before that night. Cross-examined by MR. HARRIS . Q. I understand that Main came up with other persons, and stood round the scene? A. Yes—I did not see him taken. Cross-examined by MR. WILLIAMS . Q. When you saw White and Main coming down Saint Pancras Road, had you spoken to the prosecutor against the hoarding? A. Yes—they both came in the same direction—when White said, "I did not rob the gentleman," Swallow was not standing so that he could have heard it, he was on the opposite side; he had not arrived—White was in my custody about a moment before Swallow crossed the road—I saw the cabman there. Q. Is not this nearly what passed: Swallow said, "That is the man who struck me," and did not White say, "I am not the man, I have come down to the train to see a friend off?" A. No. Cross-examined by MR. PATER . Q. Were you in uniform? A. Yes—the woman was a stranger to me up to that time—I saw her about a quarter of an hour before the robbery at the corner of Euston Road—that is about a quarter of a mile from St. Pancras Church—she was on the pavement—she had on a light dress, a black shawl, a dark bonnet, and a veil not quite half-way down the front of it—( The witness's depositions, being read, stated "she had a veil half drawn down; she wore a black shawl and a light dress")—it is some time since that deposition was read over and signed by me. THOMAS WOODROUGH ( Policeman 165 Y ). On 24th October, about nine in the evening I saw a number of people at the corner of Edmund Street—on going there I saw Parry, with White in custody—he pointed to Main and said, "There goes the other man"—I do not think Main heard him—I followed him and stopped him—he said, "I am going home, I am a respectable man"—I said, "You must come with me"—he said, "Did he say I robbed him?"—I had not mentioned the name of anybody to him—I took him back, and directly we got back to the mob Main pointed to White and said, "I know nothing of this man, I never saw him before in my life," and then he said to the prosecutor, "Do you charge me with robbing you?"—Swallow said "Yes"—I took Main to the station, searched him, and found this flash note for 30,000 l ., these five medals imitating sovereigns, 14 s . in silver, 4 d . in copper, a purse, and a knife—I had seen White and Main that evening opposite King's Cross Station about a quarter of an hour or twenty minutes previously, about a quarter or twenty minutes to nine—I did not see any one with them—they were near the hoarding—there is an angle opposite. Cross-examined by MR. HARRIS . Q. Was not there somebody who said, "You will have to come back, some gentleman has been robbed?" A. Some one said, "A gentleman has been robbed"—Swallow was there when Main pointed to White—Main said, "I never saw that man before in my life". COURT . Q. I understand that Main pointed to White and said, "I know nothing of that man, I never saw him before in my life?" A. Yes—White was then standing close by him in custody—they were standing close together. RICHARD KENWARD . I know Main and White—I have frequently seen them together within the last three months in the neighbourhood of Church Street and Shoreditch, and I have seen Bevis twice or three times a week in their company at a beer shop called the Garibaldi, in Old Nichol Street—I went to Clerkenwell on 30th to identify the two male prisoners, and received a description—I searched for Bevis, and met her in Worship Square—I told her I was going to take her for being concerned with two men in robbing a man at King's Cross of 28 l . 10 s ., on Wednesday week last—she said, "This is well got up for me; I know nothing about it, but I knew on Monday last that I was going to he apprehended for it"—I took her to the station—one of the railway policemen saw her there, and she was charged and locked up—she afterwards wished to see me—I went to the cell, and she said, "I am not going to suffer for other people; if you go to a house in Baxendale Street, you will find two. women there who did it. Cross-examined by MR. PATER . Q. Was she dressed as she is now? A. She had a bonnet on—I believe she has the same shawl—I met her in Worship Square—I am not aware she had been to the police-court, she was going towards it—she afterwards told me that she obtained a summons against a woman at Worship Street, and I found it was true—I found on her a handkerchief and 4 1/2; d . GEORGE HILLS . I am a constable of the Great Northern Railway at King's Cross—on Wednesday, 24th October, I was on duty about half-past eight—Swallow spoke to me, and Bevis came up and asked him whether he was going to Glasgow—he said no; he was going by the Edinburgh mail—she said that she came from Glasgow, and she should like to go there—he said, "Well, you had better go then; you have half an hour before the train goes"—he turned round and walked away, and she followed him—I saw no more of them at that time—I am quite sure she is the woman—I had not seen her before—she was close under two gas lamps—she came up facing us, and I am sure of her—I was shown several women in a room at the police-station on 31st October, and recognised her at once. Cross-examined by MR. PATER . Q. How was she dressed? A. A dark shawl, a dark bonnet, a light drab dress, and a veil just over the edge of her bonnet—she had not spoken to me that night—I looked at her because I was speaking to Swallow when she came up, and she spoke to us—she went away after Swallow. COURT . to T. J. SWALLOW . Q. Who was it you caught? A. The woman, and I said, "You or the men have got my money." JURY . Q. We understood you to say that there were two voices asking about Johnson? A. Yes; I heard the other man's voice when he spoke about the number—White asked the question about Johnson, and the other said that he did not know the number; he had lost the number. MAIN — GUILTY . He was further charged with having been before con victed at Portsmouth in April , 1865, to which he PLEADED GUILTY .— Seven Years' Penal Servitude, and Twenty-five Lashes with the cat . WHITE — GUILTY . — Five Years' Penal Servitude, and Twenty-five Lashes with the Cat . BEVIS — GUILTY .— Five Years' Penal Servitude . 51. THOMAS OWEN (20) and THOMAS JONES (26) , Stealing one breast pin of Thomas Palmer Lovell , from his person. MR. LILLEY conducted the Prosecution, and MR. M. WILLIAMS defended Owen . BENJAMIN ADAMS ( City Detective ). On 9th November, about four o'clock in the afternoon, I was in Cheapside and saw both the prisoners together—there was a great crowd at the corner of Lawrence Lane, and I saw Owen put his right arm round a gentleman's waist, and with his left hand take this breast pin from his scarf; Jones was shoving the gentleman behind—I immediately seized Owen by the collar, and saw him with the pin in his left hand—I was just going to get it from him, but he dropped it on the pavement, and Green, another officer who was with me, picked it up—I took Owen to the station, and Green took Jones—Owen wanted to be let go—he refused his name and address—the gentleman went with us to the station. Cross-examined by MR. WILLIAMS . Q. I believe the value of the pin is 1 s . 6 d .? A. Yes; it was Lord Mayor's Day—there was a great crowd—it was just after the procession had passed—I did not see one of the mounted police backing his horse against the crowd—I cannot say whe ther that was so or not—the prisoner's cap fell off because I got hold of his collar, I think—he stooped to pick up the cap from the ground—that was after I took him into custody. MR. LILLEY . Q. Was the cap on the ground previously to your laying hold of him? A. No. WILLIAM GREEN ( City Detective ). I was with Adams, and saw the prisoners with three others surround an old gentleman at the corner of Lawrence Lane—Jones got at his back and called out, "Hit him in the caddy "—I then saw Owen put his right arm round the gentleman's waist, and with his left draw this pin ( produced ) from his scarf—Adams took Owen into custody—a scuffle ensued, Owen's cap fell to the ground, and when it fell he dropped the pin from his left hand. Cross-examined by MR. WILLIAMS . Q. It is the fact that there was a great crowd there? A. Yes—I did not notice a policeman's horse backing upon the crowd. THOMAS PALMER LOVELL . I am a clerk in the office of the Albert Orphan Asylum, Cheapside—I was in Cheapside about four on this after noon, going from the next house to the corner of Lawrence Lane—there was a crowd; I felt considerable hustling round me, and saw a hand grasp my pin; I immediately felt my scarf and found that the pin was gone—this is it—I cannot identify either of the prisoners. Jones's Defence . The first time I ever saw Owen in my life was when I saw him standing in Cheapside, apparently reaching down to pick his cap from the floor. I stopped to look, and one of the policemen said, "Here is his companion." He was no companion of mine, I never saw him in my life. On going to the station I asked him whether he saw me speak to the other prisoner, and he said, "No." When we got to the station they said, "Of course, I suppose, you did see the prisoner speak to him?" and then he said, "Oh! yes, I saw them in company." I said, "What do you mean by telling such a falsehood? Not two minutes ago you said you didn't see us speak; I asked you that question just now, and what did you mean by saying 'Yes?'" He said, "Well, I do not exactly know, I didn't rightly understand you." I said, "I asked you distinctly about it." I said, "It's all very fine; didn't understand me." COURT to BENJAMIN ADAMS . Q. Did you first of all say that you did not see him speak to them? A. I did not, not at first—when the in spector asked me if I had seen them together I said I had not, but I saw them speak to each other just before Owen took the pin—Jones gave a false address, 26, King Street, Limehouse. Owen . I was at work at the Exhibition, that is the reason I did not give my address. Owen received a good character . NOT GUILTY . 52. GEORGE THOMAS (27) , Burglariously breaking and entering the dwellinghouse of John Tebby , and stealing therein seven pairs of boots. Second count , Feloniously receiving the same. MR. COOPER conducted the Prosecution, and MR. PATER the Defence . SARAH TEBBY . I live at 10, White Lion Street, Clerkenwell—the prisoner came into my shop about nine o'clock on the 24th October, and asked to see some boots—I showed him some—he looked at one pair, and said that was not good enough—then he looked at another, and they were too large—my husband asked him to buy a new pair—he was about five minutes in the shop—I am quite sure he is the man. Cross-examined. Q. Had you seen the man, whoever he was, before he came to your shop? A. No—he was a stranger to me—he was dressed in a dark frockcoat and a round brown cap—I did not notice his trousers—I looked sufficiently at his face to know him—he had not spectacles—I did not notice that he had a moustache. MR. COOPER . Q. Are you the last to go to bed? A. We both went together—I saw my husband lock up the house—the door and window were shut and fastened—he was the first to discover the robbery next morning. JOHN TEBBY . I am a shoemaker at 10, White Lion Street, Clerken well, and carry on business in the shop under my dwellinghouse—when I went to bed on the 24th October I saw all fastened up—next morning, about half-past six, I found the shop door ajar, and seven pairs of boots missing from the shop window—I then went into the parlour adjoining, and found the shutters taken down and put under another person's premises—I think the persons got in at the parlour window—that was fastened the night before, and the shutters closed—I identify these boots as my property—they were in my shop when I went to bed, I am quite sure—I saw the prisoner the day before, when he came to the shop—I am quite sure he is the person who came. Cross-examined. Q. Was the prisoner a stranger to you at that time? A. Quite—I showed him a pair of boots, which were too good for him; another pair were too large for him—he was dressed in a dark coat and a round cap—he had no moustache—I swear that—I know these boots by my own mark on them—this 14 s . is my writing—I don't mark all my boots—I marked these, that my wife should not make a mistake while I was out—two other pairs are missing—they are marked—I saw the prisoner again on the 13th or 14th—I think it was at the Clerkenwell Court—Sergeant McMath told me he was there—(my wife went with me)—he was in the Court—Sergeant McMath pointed him out to me. COURT . Q. How did he point him out to you? A. I recognised the man—the sergeant took him that morning at four o'clock, and when he had taken him he came and told me he was brought into the court in the custody of McMath. WILLIAM MCMATH ( Policeman Y 36). About one o'clock on the even ing of the 25th October I went to the rooms, 7, Middlesex Place, occu pied by the prisoner and his wife—I searched the room and found the five pairs of boots produced—the prisoner was absent—the next day I went again to the rooms and found a padlock on the door—I was in search of him from that till the 13th of this month—I then found him at 13, Denton Buildings—he was in bed—I knocked at the door, and some one inside asked, "Who's there?"—I gave my name, and the prisoner said, "All right; I will be up directly"—he got up and let me in when he was dressed—when I entered the room he said, "All right; you might have had me be fore I wasn't far away"—I said to him, "I had better tell you what the charge is: for breaking and entering a house, and also for stealing five pairs of boots"—he said, "I never stole them; I can't deny fencing them, as they were found at my place"—I then took him to the station. Cross-examined. Q. How far is Denton's Buildings from the room he had in Middlesex Place? A. Thirty or forty yards—I took his wife into custody on this charge—you will find that in the depositions—she was discharged—these boots were found in a basket under the prisoner's bed in Middlesex Place—the door has no fastening—the street door was open at the time—I never heard that the boots were put in there in the absence of the prisoner—his wife stated that she found them in the yard that morn ing, and that her husband was at market, but not at the time she found them. The prisoner received a good character .— GUILTY on the second Count . 53. GEORGE THOMAS was again indicted for burglariously breaking and entering the dwellinghouse of James Chambers , and stealing therein a workbox and other articles, the goods of Mary Ann Middleton . MARY ANN GRIFFITHS . I live at 6, Hunt's Buildings, Somer's Town, and am a widow—on Friday evening, the 19th October, at 8.30 or 8.40, I was going to my daughter's, and saw the prisoner attempting to open the window of No. 6, Goldington Crescent—I know him, from frequenting Somer's Town market—I am quite sure he is the man—there was a man on the pavement, who gave a sort of whistle between his teeth—the pri soner suddenly turned round, and I saw his face. Cross-examined. Q. Had you seen him before? A. Yes, a number of times—I have never spoken to him—I have seen him in the neighbourhood talking to several costermongers—he was at the door when I was passing—I did not say anything to him—I suspected he was doing wrong—it was not particularly dark, there was plenty of gas. MARY ANN MIDDLETON . I live with my brother at 5, Goldington Crescent, Oakley Square, and am single—these articles ( produced ) are my property, one mine and one my mother's—I know them both well—I saw them last safe on Friday, 19th October, at about half-past eight to nine, as well as I can recollect—my mother missed them about a quarter to eleven—they were kept in a ground room, the same with the street—after we missed them we observed the window open at the bottom end—in the morning we discovered the mark of a foot upon the window curtain—the street door was shut. WILLIAM MCMATH ( Policeman 36 Y ). On the evening of 28th October I went to 7, Middlesex Place, a room occupied by the prisoner, and in that room, on searching, I found, among other things, this box with the contents—the prisoner was not there at that time—I afterwards found him, on the 15th November, at 13, Denton's buildings, in bed—I told him on the way to the station that he was charged with entering this house and stealing this workbox—he said he had never stolen them, but could not deny fencing them, as they were found at his house. Cross-examined. Q. You spoke in the last case of his having removed; had you taken his bedclothing? A. No; I took away two sheets that were on the bed, no others. GUILTY †.— Confined Eighteen Months . 54. CHARLES KELPIE (57) was indicted for unnatural acts and practices , upon which MR. COLLINS offered no evidence. NOT GUILTY . 55. JAMES MILLS , Robbery on Marcus Fieldman , and stealing from his person one watch and part of a chain, his property. MR. LILLEY conducted the Prosecution, and MR. M. WILLIAMS the Defence . MARCUS FIELDMAN ( through an interpreter ). I am a leather cutter—at a quarter to six on Wednesday evening, November 7th, I was opposite Shoreditch Church, on the right-hand side—I had my watch in this waist-coat pocket, and the chain round my neck—all of a sudden I got a blow on the back of my head behind the ear—I turned round, thinking it one of my comrades, and the same person then snatched my watch from my pocket, breaking the chain; this piece remained round my neck—I ran after him, and thought I should be able to catch him, when several persons stood in the way and said, "What's the matter?"—I was stopped there a few minutes and lost sight of the man—I had not noticed him till after I received the blow—when I turned round I saw not only his face but his dress—there was gas light in the street, and it was near where a building was going on—the prisoner is the man—I did not go to the station, but A policeman came across the road and I told him—afterwards my master said I had better leave it alone, but the policeman said he would not leave it alone—on the Wednesday when it happened I went to the Kingsland Police Station, and on the Friday the policeman came and took me to the station—there were four other persons there, five altogether—I was told to pick out the right one, and I picked out the prisoner—I had no hesitation at all—I picked him out immediately. Cross-examined. Q. What kind of a blow was it? A. It bled a little—it was a superficial blow—there is a hoarding just a little in the corner, opposite Shoreditch Church—there was a sort of passage there, but the prisoner did not go up that passage—it took a few seconds to break the chain, as it was very strong. MR. LILLEY . Q. Was it opposite the hoarding or opposite a house that the watch was snatched? A. Just close to the hoarding—opposite there is a public-house—the person who did it came from the right angle, just outside—I did not pay any particular attention to the light there. DAN SCHRADER ( Policeman 77 H ). I received a description from the last witness, in consequence of which I apprehended the prisoner on the 9th of November—I told him the charge—he said, "You are mistaken; I know nothing about it"—I took him to the station, and fetched the prosecutor—I took the prosecutor into the inspector's office whilst I went and found four young men about the same size as the prisoner—I then took the prisoner into the charge-room, and told him to stand where he liked among them—after that I called the prosecutor, and the moment he went in he said, "That's the man," as plain as he could speak—the prisoner then answered, "I know nothing at all about it; I can prove where I was that night; I was at the shop at my work, and my book will prove it"—he handed me this book, and I found in it that he was not there that day at all. Witnesses for the Defence . JOHN BLUMMSEN . I am a shoemaker, of 59, George Street, Bethnal Green Road—I know the prisoner—he works at the same shop as I and my brother—on Wednesday, 7th November, he came there at half-past nine to ten in the morning, and was there till he went to his dinner, and when he came back from his dinner he was there till 9 o'clock—I know that night was Wednesday, 7th November, because I had to go to Turner's Music Hall, Mile End Road, to see a friend—I went there about half-past nine—we have a clock in the shop—we are generally in the habit of taking work home to a shop in Brick Lane—I don't know the name—he was in the habit of going from eight to a quarter-past to take his work home—he did not go on that evening—a young man engaged to work for me, Thomas Russell, was there, and my brother and mother. Cross-examined by MR. LILLEY . Q. Haw far is the shop from Shoreditch Church? A. A little over a mile—I go to Turner's Music Hall every Wednesday—I left at 9 o'clock. COURT . Q. Where was the prisoner when you left? A. I left him in the shop—he has worked for me for eight or nine years at different times—he has worked for me now for nine months, constant work—I am sure the clock was going—I know the time was correct—I take it from the Jews' chapel in Cambridge Heath Road—we can see the clock from the shop window—I heard the prisoner was in custody on the 9th—I was at work when I heard of it—his mother came to the shop at a quarter to nine and said so—he was not fetched from the shop, he was taken in Worship Street, I believe—he was not working with me on the Friday morning—he came about 10 o'clock, and said he was going to see the Lord Mayor's show, and I did not see him again that day—he did not come back at all that day—I attended at the police-court at Worship Street on the Saturday morning—I was not examined; nobody was—Mr. Mills mentioned to the Magistrate that he had witnesses in Court who could prove it was no the—I did not hear the Magistrate say anything—I am not certain that he did not make an answer, but am certain that I was not examined, nor any one else—Thomas Russell, my brother, and my father were in the Court— neither of us stepped forward and offered ourselves as witnesses for the defence. THOMAS BLUMMSEN . I am a brother of the last witness—the prisoner works in the same shop with me—on Wednesday evening, 7th November, he was there up to a few minutes past nine—I left home at a quarter past eight and went to the shop to take my work home—I came back home at a quarter to nine—the prisoner was in the shop—I did not go out again till ten—at a few minutes past nine the prisoner left. Cross-examined. Q. Have you a clock in the shop? A. Yes, it is always going—it is what they call a Dutch clock—you can reach it—he was there pretty well every evening, except when he went away for the purpose of delivering his work—he mostly every night went out to deliver his work—he was accustomed to go at eight o'clock—sometimes he came back, not always—there is nothing particular which enables me to say that on the 7th November he remained in the shop till a few minutes past nine—I remember that he came into the shop and bade me "good night" after I came home—he used to make about two pair of boots a day—he used to have seventeenpence a pair—women's boots, with double soles—he has been at work for us for many years—his attendance has been coming in the morning and leaving in the evening at the same time—he has gone on with his work in the same regular course and manner—he made no other than ladies' boots—he did not work always for the same shop—I don't know the person's name in Brick Lane for whom he was working on the 7th November—I cannot exactly say how long he has been working for him—he worked for Mr. Colwell as well—Mr. Mills is his uncle—that book is in the writing of the master—Endsleigh is the name of one of the persons for whom he worked. MR. WILLIAMS . Q. Do you remember hearing that he had been taken into custody? A. Yes—on Friday after the Wednesday—I attended before the Magistrate, but was not examined. COURT . Q. Did the prisoner go alone when he went away? A. No, he went with Thomas Russell. THOMAS RUSSELL . I live at No. 57, George Street, Old Bethnal Green Road—I know the prisoner—I worked at the shop with him on the 7th November—on the evening of the 7th November he left Blummsen's that evening at two or three minutes past nine—he went away with me to Mr. Fox, Dover Castle, Bethnal Green Road—I know it was two or three minutes past nine, because the clock is always right by the Jews' chapel in the Bethnal Green Road. Cross-examined. Q. How long have you worked there? A. I worked there for that day—I went up to Mr. Blummsen's for a day's work—I have worked there before, plenty of times—about two years before I worked there, and I have worked there since, I worked there on all that day—I know prisoner very well—we were brought up as children together—I know the 7th of November was the day I worked there, because it was the first day's work I had had, and it was two days before Lord Mayor's show—I attended at the police-court at Worship Street on the Saturday—the two Mr. Blummsens, Mr. Finch, and other people were there to give him a character. MR. LILLEY stated that he would not press the case further . NOT GUILTY . 56. JAMES LLOYD (41) was indicted for wilful and corrupt perjury. MR. LEWIS conducted the Prosecution . CHARLES ELLIOT . I reside at No. 1, Gloucester Street, Lambeth—the prisoner formerly rented No. 10, John Street, Wandsworth Road—after he left I sued him for nine weeks' rent—the case came on on the 17th—it was first heard on the 31st July—I heard the officer of the Court swear him—he then said he gave up possession of the house on the 21st March—I received possession of the house on Wednesday, 16th May—I received the key of the house on that day—I was in Dublin on the 21st March—I left Dublin on 8th April, and arrived in London on the evening of the 9th—on the very day I came back I received 10 s . rent from the prisoner's wife—I have it in my book—they were then in the tenement—I am not certain that I saw the prisoner there then—I saw him there afterwards—his wife was examined also—in consequence of their evidence the Judge gave a verdict for rent up to 28th March—I afterwards applied and got a new trial—upon the second trial I examined my witnesses and got a verdict for the whole nine weeks. Prisoner. Q. Do I understand you sued for nine weeks' rent? A. Yes—I refused to receive 5 s . 6 d . from the prisoner's wife—I had given them notice to quit, and I thought I should invalidate the notice if I took the money—I did not say, "I don't want the money; it's all d—bosh; get out of the house"—the prisoner was not present at all on the occasion. Prisoner . I was standing against the street door. SARAH BROWN . I live at Larkhall Lane, Lambeth—the prisoner for merly lived next door to me in John Street, Wandsworth Road—I went to live there on the 6th May—I cannot say how long they were in the next house after the 14th. Prisoner . I have got one day of the month. That is where I made a mistake. ELIZABETH HART . I formerly lived next door to the prisoner—I went to live there on 5th May—the prisoner was there a week or nine days after I went into the house—I saw him go out in the morning and come in in the evening. Prisoner . I never saw the girl before till she came to the Wandsworth Police-court. MARY ANNE ELLIOT . I am the prosecutor's wife—he left Dublin on 8th March, and left for England on 8th April. Prisoner . All I can say is, my wife made a mistake in the day of the month. I am no scholar. It was not done with a bad intent. COURT to MRS. ELLIOTT . Q. Was there a rent-book? A. Yes; he kept the rent-book—he always knew better than I what was due. GUILTY . Recommended to mercy by the Jury, on the ground that he was not aware of the serious crime he was committing .— Confined Nine Months. 57. ELIZABETH LLOYD (40) was indicted for wilful and corrupt perjury. MR. LEWIS offered no evidence . NOT GUILTY . 58. EDGAR BROOKS (40) , to unlawfully selling 240 muskets, the barrels of which had not been proved by the Birmingham Proof House. — To enter into his own recogni sance in the sum of 100 l . to appear and receive judgment when called upon . [Pleaded guilty: See original trial image.] 59. ANN WEST (36) and MARY JONES (39) , to maliciously break ing three panes of glass, value 20 l. — Confined Eighteen Months each .** [Pleaded guilty: See original trial image.] 60. ALFRED COCKS (21) , to stealing 61bs. of metal pipe of Frederick Parker .— Confined Nine Months . [Pleaded guilty: See original trial image.] 61. HENRY FLEMING (18) , CHARLES CURTIS (16) , and JOSEPH HUNT *(17) , to breaking and entering a chapel, and stealing 3 s . in money, the property of William Keen . — Fleming Confined Twelve Months ; Curtis and Hunt Confined Eighteen Months each [Pleaded guilty: See original trial image.] 62. FRANCIS LABEY (36) , Unlawfully assaultiug and imprisoning Albert Brient on board the British ship Cymbeline on the high seas. MESSRS. METCALFE and GRAIN conducted the Prosecution, and MESSRS. RIBTON and LEWIS the Defence . In this case the Jury, being unable to agree to a verdict, were discharged, and the trial postponed till the next Session . 63. WILLIAM HOPKINSON (29) was indicted for wilful and cor rupt perjury. MESSRS. METCALFE and STARLING conducted the Prosecution, and MR. W. SLEIGH the Defence . FREDERICK ROSS . I am in the office of the Chief Registrar in Bank-ruptcy—I produce a copy of a composition deed made on 22nd March by William Hopkinson, of 3, Alfred Place, Lower Wandsworth Road, which was left for registration on 13th April, and with it an affidavit of the truth of the accounts—I also produce the amount of debts. Cross-examined. Q. Will you look at that copy of the deed: the first name is James Clements, a debt of 45 l ., and the composition for that debt and his signature is put, on April 2nd, 1866? A. Yes; that is the first signa ture—the date on the outside of the deed is merely the clerk's endorsement, but it corresponds always with the execution of the deed, or it ought to do. MR. METCALFE . Q. Is not the date rather an important part of the deed, because it must be registered within twenty-eight days? A. Yes. SAMUEL WEYMOUTH HOPWOOD . I live at 47, Chancery Lane, and am a solicitor and Commissioner for administering oaths in the Court of Exchequer—this is my signature to this affidavit, and it appears to be signed by the person who took the oath—I administered the oath to him—the account was annexed at the time, and both the sheets bear my signature. Cross-examined. Q. Can you tell me who the person was who signed this? A. I cannot identify him. FREDERICK SEEAR . I am a grocer and teadealer, of Market Terrace, Victoria Park—I have known the prisoner seven or eight years—he came into my service some years ago, which was the commencement of my knowing him—he set up in business for himself about two years since—he had had goods of me before the commencement of this year, and I continue to supply him—in January, February, and March I supplied him with goods to the amount of about 80 l .—he paid some small sum, leaving an amount of 61 l . 6 s . 8 d ., on the 13th April—he obtained the last goods for me on March 26th or 27th—the date appears to have been the 26th, and I appear to have altered it to the 27th—on the 2nd May I received a letter from the prisoner, dated the 1st May; it is, I believe, attached to the depositions—at the time I supplied the last goods I was not aware that he was about to enter or had entered into a composition deed—I first heard of it through another creditor after the deed was registered, after the 13th April—my name is not in this account, which is signed in the prisoner's writing; he is still indebted to me in the amount of 60 l . ( The prisoner's letter was dated May 1 st , 1866, addressed to Mr. Seear, and stated :—"I was not aware that you intended to push me. I did not put you down in the list of creditors, as I meant to pay you in full as soon as I get my affairs settled")—I called on the prisoner after the last goods were supplied to him, and before I was aware of that deed—I found him in bed, and told him I was sorry to hear that he was in difficulties, and urged him, whatever he did, to act in a straightforward honourable way, or he would blast his reputation in the commercial world for ever, and that I was afraid he had got into bad hands, and had got bad advisers—he acknowledged that he was in difficulties, and I asked him if he was so far involved that he could not by perseverance and industry keep a good name, as few men were in business but who at some period of their lives had been sharply pinched, but by industry and perseverance had kept a good name, and asked him what he owed—he went through his debts from memory, and I reckoned them up, and made it 360 l .—he said that there were some smaller amounts, which he could not specify, which would bring it to about 400 l .—among others, he mentioned White Brothers, Revell, Philpott, and Luce Brothers as creditors—he did not mention a word to me about having debts to the amount of 1600 l ., nor did he mention his father-in-law, Mr. Fashion, as a creditor for 100 l .—he said that he thought it was more than he could pull through—he did not ask my assent to a deed, or mention one. Cross-examined. Q. I believe he has been on visiting terms at your house? A. Not what I should call visiting terms—he was an old servant, and I think I was a good master to him—he called on me when he was in the neighbourhood, always addressed me as Sir, and signed his letters "Yours respectfully"—he has called on me about meal times, and I have invited him to have some dinner with me, but he has gone away im mediately afterwards and not spent the day with me—he sat with me, and not with my servants—I find in my ledger that the last goods were de livered to him on the 26th or 27th March—I did not say at the police-court that the day was the first Sunday after the delivery of those goods—I said that it was on a Sunday between those two dates—it was after he had the last goods and before I heard of the deed—I had been to him con cerning his debts about a couple of months previously—I had not been and seen his wife during that week, nor some short time previously, less than two months—I had a conversation with her on that Sunday when he was not present—I never told her that some of his creditors had been to me respecting his affairs, and that I would call and see William, meaning the prisoner, about them—I believe I wrote him a letter saying that I would call—I have no recollection of calling and seeing his wife and saying that I would call on Sunday—I had a conversation with her on this Sunday—I do not recollect a previous conversation—I went there some time previously, but he was not at home, and I saw the young man—I did not, in a conversation, during which Mrs. Hopkinson was very much distressed, say to her, "Do not fret, I will be a friend to him," but it might possibly be turned into that—I said that if he made an honourable arrange ment with his creditors I would assist them—on the Sunday I saw him in bed he had a bad leg—I do not know whether it was broken—I went to him both as a friend and a creditor—I was sorry to see the young man going wrong—I believe the expression I used before, was that I went rather as a friend—my deposition was read over to me, and I was asked if it was correct—I made one alteration in it, which was needed, and then signed it as a correct transcript of what I had said—I believe I did not say that I went only as a friend, not as a creditor—I believe I said rather as a friend than as a creditor—those were the words I used—I do not know how they were copied—( The deposition stated ;—"I went to the prisoner only as a friend, and not as a creditor")—he said to me that he should have to make an arrangement, a friendly composition with his creditors, and I advised him to go to my own solicitor, and gave him the name—I offered to assist him in any way I could with his creditors if he acted in an honourable way—I was, I believe, the first creditor who took proceedings under the Bankruptcy Act—when I went on that day I should have advised him to make an arrangement with his creditors if he was not in a position to pay—I thought it might be a temporary difficulty—I cannot fix the date when I first went before the Magistrate for a sum mons or warrant—it was certainly after the 13th April—it was after we were aware of the composition deed—it was within two or three weeks of the 13th April—I did not know that an action had been brought against some creditors of the name of White Brothers—I knew that White Brothers had put an execution into the prisoner's house and taken away all his goods—they have told me so—I have done business with them many years—they did not suggest my applying to the Magistrate for a warrant, or advise my taking proceedings—I was introduced by the prisoner to them, and I am bound to carry it on, as he has made creditors of them—these numerous creditors are not paying between them for this prosecution—I have paid nothing yet, but I expect to do so, and I hope to get something from every bond fide creditor. MR. METCALFE . Q. You say that you were the first creditor who took proceedings in the Bankruptcy Court; was that after you heard of the deed? A. Yes—I did not believe it was genuine; and it was for the purpose of testing its validity—I am not aware that Mr. Read took pro ceedings at the same time—he was at the Court at the same time. ( The deed, being read, was a release to the prisoner by certain creditors upon payment by him of 2 s . 6 d . in the pound. The affidavit stated that the account annexed to it was a true account of the names and addresses of the prisoner's creditors, and was signed by him, and the amounts were cast up as 1203 l . 10 s ., which would represent three-fourths of the whole, plus 1 l .; but when added up correctly it only amounted to 1003 l ., and Mr. Seear's debt was omitted .) GUILTY . Judgment respited . 64. SIMEON DUCK (30) and WILLIAM HENRY TAYLOR (34) were indicted for stealing six dozen pairs of gloves of John Derby Allcroft and others; two other counts for stealing six dozen and ten dozen pairs of gloves; and four counts for feloniously receiving the same. MR. GIFFARD , Q. C., with MESSRS. POLAND and GRAIN conducted the Prosecution , MR. RIBTON defended Duck, and MR. DIGBY SEYMOUR , Q. C., defended Taylor. In this case the Jury, being unable to agree, were discharged without giving a verdict, and the case was postponed till next Sessions . 65. JOHN JONES (49) was indicted for the wilful murder of George Styles . He was also charged on the Coroner's inquisition with the man slaughter of the said George Styles . MESSRS. POLAND and BEASLEY conducted the Prosecution, and MR. DALY the Defence . WILLIAM KEMP . I live at 8, Esplanade Cottages, Lewisham—I knew the deceased George Styles—he lived in the next cottage to me, No. 7—about half-past eleven on Saturday night, 13th October, whilst in my house, I heard some noise in front of my cottage by Mrs. Cole and her children—I came out and looked, and Styles opened his window—Cole walked along, and Styles said, "What is the matter, Sam?" and he said, "Oh, my son-in-law is going to stab me"—Styles said, "Shall I come down, Sam?"—Jones said, "No, not to-night; come down some other night," and while he said it Mr. Jones ( the prisoner ) stood out there—Mrs. Jones said, "If he comes down I will drench him with water"—she repeated those words several times, and with that Styles dressed him-self and came down—while he was doing so Jones walked indoors and got what he had, and stood behind the front of the house three or four minutes—Mrs. Jones got hallooing to him, and said, "You stop here, Jack; if he comes down I will chuck this water over him"—Styles walked down, and I walked down too—in the meantime Mrs. Jones took up the pail of water, and chucked it partly over him and partly over me—she then went to the door, and took up a broom and struck at Styles—he put up his hand and took the broom, and tried to break it, and while he was in the act of breaking it Jones stepped from the front of his house and struck him down on the head with something similar to a hammer, and it went off just like the bursting of an air-ball or a paper bag, and he fell—I did not see Styles do anything to him—I was close to them—I said to the prisoner, "Jack, what have you done? have you hit him with a hammer?"—he made no answer—I got a candle, and went and looked at his head, and I said he was killed; I thought he was—I saw a hole in his head, and blood running out at the back of his head, and running right down into the river—I directly went and fetched a constable—I think the prisoner had had a little beer that night, but I did not notice whether he was tipsy or not—he only went into his house once—I could not see whether he had anything in his hand or not—I did not observe anything. Cross-examined. Q. About how many people were there there altogether? A. There was Jones and his wife, me and my wife, Mrs. Styles, and a man named Hillard, son-in-law to the people—several came out of their doors afterwards—I did not take notice of them all—they were out when it was done—Miss Thomas came out after the blow was struck—I took the candle from her—it was dark—it was seven or eight minutes before the blow that I heard the prisoner saying, "Not to-night; come down some other night"—it might be three or four minutes after that that he went into his house—he was standing close against his window at the time—his wife went in with him—they were a very little while in there—they came out again together, and the prisoner stood by the wall with his hands so—I could not see them, but they might be by his side—I might have said before the Magistrate that they were by his side—I did not see Styles do anything when he came out, only walk towards Mrs. Jones—the prisoner was standing with his wife beside his own wall—Mrs. Jones got the water from the front door—I do not know that he said anything before the water was thrown over him—he might have said, "What did she say?" or something like it—I was not above eight yards from them—she said, "If you come here I will chuck the water over you"—he did go, and she chucked the water over him, and then she took the broom—she struck at him with it, and he put up his hand to defend himself—Jones stepped from the wall directly, and Styles took the broom and hit him—Mrs. Jones did not try to hold the broom—she loosed it directly—it was almost instantly done—I did not hear any one use any bad language—I did not hear Mrs. Jones called anything. MR. BBASLEY . Q. About how long did this struggle with the broom last? A. A very little while—during that time Jones was standing wait ing for his opportunity, by what I could see—I did not see Styles do any thing to Mrs. Jones before she threw the water over him. ELIZABETH KEMP . I am the wife of the last witness—on Saturday night, 13th October, there was a disturbance going on in the front of our house between Mrs. Cole and her son—I went out with my husband into the street—the deceased lived next door to us—he was upstairs at his bedroom window—when I went out he opened the window, when he heard Mrs. Cole crying, and he asked if he should come down—Mr. Cole came along, and he asked what was the matter—Cole said that they were going to run a knife through his guts—he said, "You should have your guts lined either with lead or with iron, then the knife would not pene trate through"—with that Jones came out of his mother-in-law's house, and said to me, "It is the women's long tongues that causes all these dis turbances"—Styles made some remark to me, but what it was I do not exactly know—the prisoner did not answer it—Mrs. Jones said if Styles came down she was up and dressed and ready for him, and would throw some water over him—the deceased told her that she wanted throwing into the river to wash the scabs off her arms—I did not hear her call him any name particularly—he said, "Do you want me to come down? if you do I will come"—the prisoner said, "No, not to-night; another night"—Mrs. Jones then called him a bald-headed old something, but I did not hear the word, and with that the deceased came downstairs—he was not dressed when he was up at the window; I could see that, because he put his legs out—when he came down he had his trousers on, but no hat or cap or jacket—he had a bald head—he no sooner came down than Mrs. Jones up with a pail of water and threw part over him and part over my husband—it was a large tin pail, that she brought out of her own house—as soon as the water was gone she seized the hair broom, and began to strike at him—she did not hit him—he took the broom away from her, and was in the act of breaking it and throwing it into the river when the blow was struck—the prisoner was standing outside his door, by his window, while this altercation was going on, in this position ( with his arms behind him )—I went to him and said, "Mr. Jones, shut your door; Mr. Styles is coming down"—that was before he did come down, when I saw the light dis appear from the bedroom window—Jones said if he did come he should have what he came for—I saw Jones step out and strike the blow—it looked to me like a hammer that he struck with—he had it in his right hand—I am certain he had something—it was a very violent blow—I could hear it—it appeared to me like a paper bag filled with wind burst in his hand—it was a very loud report indeed—I saw the deceased put his hands up and fall back, and he never spoke for a time—I know no more that went on after that—the deceased had nothing on his head at the time—I did not hear the prisoner speak at all—I saw him throw what he had in his hand behind him, in the direction of the passage of his own house—I said to him, "Mr. Jones, you have no business to hit that man with that," and he said, "What is the matter? I am going to look for my broom"—I observed him go into his house after he came out of his mother-in-law's, just before the disturbance began, before Styles came down—he had nothing in his hand when he came out of his mother-in-law's I did not see the deceased do anything to him, the deceased was picked up and taken in, and he asked me whether I saw the blow struck—I said, "I did," and he said, "It was cruel of him to hit me with that hammer"—they were both under the influence of drink, but not as I had seen them before. Cross-examined. Q. Could your husband have heard him say that what he came down for he should get? A. I do not think he did, he is rather hard of hearing—I do not know whether he did hear it or not—he was standing close to Mr. Styles some part of the time, and some part of the time close to Mr. Jones—I told the Magistrate of that expression—I am sure of that—I do not know whether it was in my depositions—I said at first that the blow went off pop—I heard my husband examined before the Magistrate, and heard him say it was like a paper bag or an air-ball—I said the same, because we were both there, close to each other—I was examined before him before the Magistrate—I never saw a blow struck by the deceased—they were close together, against Jones's window—it was close to his door that the deceased was breaking the broom—he might have struck the prisoner without my seeing it, but I was close there and never saw it—I saw the prisoner go into his own house—I did not see his wife go in with him—he went in by himself, when I saw him I should not think his wife could have gone in with him without my seeing it—I say positively she did not go in with him when I saw him. GEORGE ELLIOTT . I am a labourer, and live at 6, Esplanade Cot tages, Lewisham—on Saturday, the 13th October, I was in bed when this occurred—I put on my clothes and went out in front, and saw a row be tween Styles and Jones—I saw Mrs. Kemp and Mrs. Jones there—I say Styles sparring his fists up to Jones—Jones was doing nothing—after that there was a bit of a row—Styles did not strike the prisoner—the prisoner did not say anything to him—he did not hit him—the pri soner is my brother-in-law—I did not see any blows struck, but I heard one—I saw Styles on the ground—I was the first one who helped to pick him up. GEORGE NUNN ( Policeman 127 P ). On Saturday night, 13th October, about half-past twelve, I was fetched to the Esplanade Cottages—I found Styles lying on a sofa in his house, with a very large wound on the left side of his head—I went for a doctor, and afterwards went to the prisoner's house—he was in bed—I told him he must get up and go with me and another constable to the station—he said, "What for?"—I said, "For the assault you have committed on Styles"—he said, "Very well, I can go"—he got up and dressed himself, and I took him into Styles's house—before going in I asked him what he had done with the hammer that he had struck Styles with—he said, "I did not strike him with a hammer"—I said, "What did you strike him with, then?"—he said, "Not with a hammer, with my fist"—I took him into Styles, who was lying on a sofa, and asked if that was the man who struck him—he said, "Yes"—I said, "Can you swear he is the man?"—he said, "Yes, I can swear that, I will take my oath of it"—the prisoner said nothing—he was not sober—he was a little under the influence of drink. JAMES FINNEY ( Policeman R 56). I went to Jones's house when he was taken into custody—as I was taking him to the station he said, "Policeman, you would not catch me coming so quiet with you if I did not think I was in the right; he has been getting on at me and my family a long time, and called my mother-in-law a rotten old w—"—when the charge was read over to him at the station he said, "I did not strike him with a hammer"—I then returned to his house to search for the hammer, and found it at the end of a passage, in a recess under the stairs—that was about half-past two or a quarter to three in the morning. Cross-examined. Q. Were there any marks of blood on the hammer? A. No. COURT . Q. Did you find it in a place where it could be thrown by a person standing at the door? A. The recess is under the stairs in a direct line from the front door; there is a door to the recess, but that was open; it is a sort of cupboard, where there was a quantity of coke, nothing else—there were no shelves to it—the hammer was in front of the coke, behind a piece of board which was placed to keep the coke from falling into the passage. FREDERICK HUMPHREYS . I was house surgeon at Guy's Hospital when Styles was brought there, on Sunday morning, the 14th October, about five o'clock, by one of the constables—I found a large cut in his forehead, at the top, on the left side, where the hair begins—he was bald there—it was about two inches long and gaping wide open, and a fracture of the bone—part of the bone was depressed, knocked into the brain, and fractured—Mr. Durham, the surgeon, was sent for at once, and took out a good deal of bone—he went on well till Tuesday morning, and on Wednesday morning, about ten o'clock, he died—there was a post-mortem examination—I found that the membranes of the brain were inflamed—that was the cause of death—the brain was bruised opposite the place of injury—the skull had a large hole in it where the bone had been taken out—it was an oval hole, about an inch wide by an inch and a half long—the injury to the brain was the cause of death—a blow with a hammer of this description would be calcu lated to inflict such an injury, one blow—the pressure of the instrument would most likely prevent the blood from coming at first—I should say the skull might be fractured in that way, and yet the instrument not have blood upon it—it would be impossible for a fist to cause such an injury. Cross-examined. Q. Are there not a good many arteries about the surface of the head? A. Yes—I should say they would spout blood almost directly they were severed, at the next pulsation of the heart—the instrument went about half an inch into the skull—there was a good deal of bleeding—it might be a sudden blow, and the instrument might be taken away before the blood came—it must have been a very heavy blow—if he could recover his arm in time most likely the blood would not spout on the hammer—I can't say which would be more likely; I never tried—I have seen arteries divided by a slow cut, never by a sudden blow—the blood spouts as soon as the knife gets away from the artery, as soon as it passes through it—the knife is generally bloody—the deceased was a healthy man in every respect—I don't know that he had been a drinking man—there was nothing to show it—his organs were all healthy—I cannot account for the change that took place—it is very common indeed after such an injury. ROBERT MCMURDO SMITH . I am a gasfitter, and live at 4, Pear Tree Cottages, Lewisham—I knew the deceased and the prisoner—somewhere between two and three months before this matter happened I was with the prisoner in his garden—I went to look at some iron that he had to sell—I said to him, "I hear you have had another row here the other Sunday week"—he said, "Yes; Styles has been on to my wife again; he is always on to her, calling her all sorts of names; if he gets on to her when I am at home I will smash his brains in with a b—hammer"—I said, "Don't talk like that, Jack; serve him like I did: he would not leave me alone when I lived up here, and I gave him a punch in the nose"—he said, "No; he called my wife a b—scabby old w—, and I mean doing it." Cross-examined. Q. Have you and the prisoner been good friends? A. Yes—I have known him many years—about ten weeks ago he was work ing for me at a job—I asked him to work for me, and he said he had some-thing else to do and refused—he played the fool with me for two or three days, and kept me waiting for him—I was examined before the Magistrate—I believe I then stated what I have said to-day—I said that the prisoner said, "He is always calling my wife bad names," not "my wife and me"—nor did I add, "If he he don't leave us alone I will smash his skull with a hammer"—I can't say whether I said "skull" or "brains"—I do not carry a pocket-book about with me to put down the exact words—he meant hit ting him on the head with the hammer, what the exact words were I can't say. The prisoner received a good character , GUILTY of Manslaughter — Seven Years' Penal Servitude . Before Mr. Recorder . 66. ROBERT EWENS (45) PLEADED GUILTY to stealing a gelding of William Iveson , his master.— Confined Twelve Months . 67. JAMES MALONEY (20) , Stealing six live tame rabbits and one fowl of George Towers . The Prosecutor did not appear . NOT GUILTY . Before Mr. Justice Byles . 68. EDWARD EALY (19) , Feloniously cutting and wounding Eliza beth Coppell , with intent to murder her. Second Count , to do her some grievous bodily harm. MESSRS. DALY and W. SLEIGH conducted the Prosecution, and MR. GRIFFITHS the Defence . ELIZABETH COPPELL . I am the wife of George Coppell, of No. 79, Hughes's Fields—on 14th October I was at my mother's house—my brother-in-law was asleep on the bed with two little boys, and my sister- in-law was in the same room with me—there had been a little disagree ment between her and her husband, in consequence of which she refused to go home, and slept on the floor, and her husband slept on the bed with the two boys—when I was going to lie down, my sister-in-law said, "There is some one looking through the shutters"—I looked, and saw that the shutters were open—my sister-in-law ran and opened the street door—she then came in and said something, and her husband went out in his drawers and stockings—after he came in I went to the street-door and saw the prisoner run to the corner of an alley opposite—he called "Chums" three times, and two young men came out of the alley with him—he crossed the road with his arms raised towards the door—I was standing just inside it—I put my hands up, thinking he was going to strike me in the face, and he plunged a knife into the side of my stomach—he said as he came across the road that the first one he came to he would give a bit of steel to—the blow sent me staggering into the passage, and he came into the passage to draw the knife out—there was a light on the table, which shone full on his face—he is the man. Cross-examined. Q. How many people were standing outside the door at the time? A. The prisoner and those two that he called from the alley, Digby and Jones—I heard a few words outside with my brother-in-law, when he went out and asked why he had opened the shutters—my brother-in-law was not out long enough to have knocked the prisoner about a good deal—I did not hear that his mouth had been cut, and was bleeding badly—I heard rowing when my brother-in-law went out—I had nothing in my hand—Charlotte Ash was in the room with me—she did not come out and say that she would knock them down—she hallooed "Police! murder! there is a man stabbed," and the prisoner, who was standing in the middle of the road, ran off—he was not very tipsy, but he had had a drop to drink—I could see he was not very tipsy when he came down the passage to draw the knife from me—I did not speak a word to him—I had been in bed from a quarter to seven till half-past twelve when my sister-in-law came in—I am sure of that—I do not know Emma Spalding or Spalcher, of No. 3, Hughes's Fields—I had not been drinking that day—I never drink to excess or get tipsy—I do not know the name of Mrs. Harley—I never saw the prisoner before to my knowledge, and never spoke to him—he did it with a long clasp knife—he called " Chums " three times—he did not call Collas, he said, " Chums , this is the house," and after I was stabbed, and the door was shut, he knocked at the door. COURT . Q. You say you had never seen him before; why should he stab you? A. I do not know—he said before the Magistrate that he was sorry he gave it to me, he meant it for the man—there was a candle, and he could see that I was not a man. CORNELIUS ASH . I am brother-in-law of the last witness, and was in her mother-in-law's house—my attention was called to somebody having opened the parlour shutters—I went out into the road to see who it was, and reasoned with the prisoner, and asked him what he was looking through the shutters for—he said something which I did not understand, and I hit him with my open hand—he then hallooed out, " Chums ," twice—I ran in and put on my trousers, and while doing so my sister-in-law went to the door—I heard her call out that she was kicked, "In fact," she said, "I am stabbed"—she was then on the threshold of the door—there was then a kicking at the door, but I do not know who it was—I know the prisoner is the man who was looking through the shutters—I have seen him on several occasions. Cross-examined. Q. Was he very tipsy? A. I think he was, I did not see any one go out with a hammer. CHARLOTTE ASH . I am the wife of the last witness—after he had gone out I went to the door, and saw him walk over in his drawers, and saw the prisoner go across the road—I said, "There is the man standing over there"—he went over and asked him what he opened the shatters for—my husband slapped him in the face with his open hand—the prisoner ran to the end of the alley, and called " Chums " three times—my husband came indoors to dress himself—I told my sister-in-law to shut the door, but before I could get the words out she screamed out, "I am stabbed"—she reeled back into the passage, and the prisoner pulled the knife out and ran out again—I directly shut the door and looked at my sister-in-law, and saw blood gushing out—a man kicked at the door immediately as I shut it, and afterwards I opened it, and the prisoner was gone—my husband put on his clothes and fetched two constables—the prisoner may have had a drop of drink, but he could walk and talk and run. Cross-examined. Q. If your husband says that the prisoner was tipsy, is that wrong? A. My husband did not see so much of him as I did—I had had no quarrel with him, and never spoke to him. JOHN JONES . I am a sawyer, of 2, Union Terrace, Church Street—on Saturday night, 13th October, about twelve o'clock, I met the prisoner in Church Street—I saw he was very drunk; and went down home with him—we met some more, who began talking about ships—we got him as far as his aunt's, who came out and asked him to go in—they had two or three words, and he ran round the alley—we heard somebody halloo out or scream—the prisoner was not with me then—I took two or three steps and heard a halloo for "Col"—a man named Collas was there—I got up to the prisoner who was then in the alley, and saw him kick at the door—they came out and hallooed "Police," and "Murder," and that he had stabbed the woman, but I did not see it done. Cross-examined. Q. How long have you known Ealy? A. A long while—I always knew him to work hard—he supports his grandmother and aunt—he is a boiler-maker—I never heard any harm of him. JAMES CHEESEMAN (168 R ). On 14th October, from information I received, I took the prisoner in bed, between a quarter and half past twelve at night—I told him that the charge was stabbing a female named Coppell—he said, "I was standing outside the house, and a man came out and gave me a smack in the mouth, and I did something, but what I did I do not know; I was tipsy at the time, but what I did was not intended for the female"—I spoke to him about the knife, and found this knife ( produced ) in his trousers pocket—he went with me, and Mrs. Coppell identified him as the man who stabbed her—he said that that was the only knife he hadin his possession that day. Cross-examined. Q. Did he seem excessively sorry? A. From his appearance I believe he did—I have known him some years, and never knewanything against him. JOSEPH HENDERSON . I am a surgeon, of Deptford—on Sunday morn ing, 14th October, I was called to the prosecutrix—she complained of much pain—she had bled very much, and was faint—I found a clean-cut wound on her right side, a little above the crest of the hip bone, about an inch and a half long, inflicted by some sharp instrument—I do not think this knife would inflict it—she was in great danger for a fortnight, and is hot entirely out of danger yet, as the wound has not healed; it is still discharging. COURT . Q. Did you see her dress? A. Yes; it had penetrated her dress and several pockets—there was a crinoline, so that there would be a large surface exposed—the wound was in the lower part of the abdomen, a little above the groin. The prisoner received a good character . GUILTY of unlawfully wounding. — Confined Six Months . Before Mr. Common Serjeant . 69. VALENTINE BARTON (32) PLEADED GUILTY to six indict for forging and uttering cheques for the payment of 2 l . 12 s . 3 d ., 1 l . 17 s ., 13 l . 4 s . 6 d ., and other sums, with intent to defraud.— Confined Six Months 70. ANN BROWN (44) , Unlawfully uttering counterfeit coin. MESSRS. POLAND and O'CONNELL conducted the Prosecution . HANNAH LANGLEY . I am the wife of William Langley, a grocer, of 31, Nelson Street, Bermondsey—on 10th November, between seven and eight, the prisoner came for three pounds of potatoes, which came to 2 1/2; d .—she gave me a florin—I said, "I think it is bad"—I do not know whether she heard that—I understand she is very deaf—she did not answer me—I ran across to Mr. Page, gave it to him, and he came back with me—I said nothing to the prisoner, but she threw the pieces of the florin on the pavement—I heard something else fall, and picked up a shilling, which I gave to Mr. Page. Prisoner . You did not come back for half an hour? Witness . I was not more than a minute away. ALFRED PAGE . I am a blacksmith, of 16, Nelson Street, right opposite Mrs. Langley's—on 10th November she came and showed me a bad florin—I went across to the prisoner, and asked her name and address—she said, "Mrs. Miller, 1, Friar Street, Blackfriars Road"—I said, "That is a long way to come for three pounds of potatoes," and told her the florin was bad—she went outside and threw the pieces down—Mrs. Langley gave me a shilling, which I gave to the constable, with the florin. GEORGE BRADLEY ( Policeman 225 M ). The prisoner was given into my custody, with this florin and shilling—I asked her what she had about her, and she gave me 2 s ., and at the station a sixpence, a threepenny-piece, and 4 1/2; d . in copper. WILLIAM WEBSTER . This florin and shilling are both bad. GUILTY . She was further charged with having been convicted of a like offence in April , 1863, when she was sentenced to Three Years' Penal Servitude , to which she PLEADED GUILTY .— Seven Years' Penal Servitude . 71. CHRISTOPHER BARFORD (38) , EDWARD HARRIS (27) , and HENRY HALES (40) , Unlawfully having counterfeit coin in their possession, with intent to utter it. MESSRS. POLAND and O'CONNELL conducted the Prosecution, and MR. TURNER defended Bradford . WILLIAM HIGGINS . I keep the Foresters' Arms, Richmond—on 14th November, about half-past ten o'clock, the three prisoners came for some gin and three smokes, which came to 5 1/2; d .—Barford gave me a half-crown—I gave him 2 s . 0 1/2; d . change, and placed it on the mantelshelf by itself—they stayed about five minutes after that—Harris and Hales came back in twenty minutes or half an hour, and asked for two more smokes—Harris gave me a half-crown—I put it in the till and gave him 2 s . 2 d . change—there were only four sixpences there—they left directly they had lit their cigars—I then turned the gas on, and found the last half-crown was bad—I followed them a little way down the town, but not far, as I could not leave my bar, my wife having gone to bed, but I gave inform ation to a policeman—about an hour afterwards I saw the prisoners at the station—I am sure they are the same men—I found the first half-crown bad also, and gave them both to 111 V. Cross-examined. Q. Why did you put the first half-crown on the shelf? A. Because I had cleared the till, leaving only four sixpences there, and was about shutting up to go to bed—I believe they had all been drinking, but they were putting it on a little. ANN CORBY . I am barmaid at the Brown Bear, Richmond—the pri soners came there on 14th November, at a quarter or half-past eleven—Barford called for half a quartern of gin and three-halfpennyworth of rum, which came to 4 1/2; d .—he gave me a half-crown—I gave him 2 s . 1 1/2; d . change—I thought the half-crown was light, and showed it to my master, and he said it was bad—I told Bardford so—he made no answer, but returned me my change and another sixpence, and when I showed him the half-crown he threw it over the bar—I picked it up and kept it—they left, and afterwards I heard something, went to the police-station, and found them there—I recognised them, and gave the half-crown to the constable. Cross-examined. Q. Did Barford utter any expression of surprise? A. Not that I heard. JOHN JAMES BODDY . I keep the Railway Tavern, Richmond—on 14th November, about half-past eleven at night, the prisoners brought in a Richmond man, named Henry Littlewood, whom I had known for years, to treat him—Barton called for a quartern of rum, which came to six-pence, and gave me a bad florin—I said directly, "This is bad; have you any more of these?"—none of them answered, they appeared to take no notice of what I was saying—I said, "Give me good coin, and get off the premises, or the police will have you; and if you are not out directly I shall lock you up myself"—Barford gave me a good shilling, and I gave him sixpence change—I asked Littlewood if he knew them—he said, "No; they merely asked me to come and have a glass of some-thing to drink"—they were all present then—a policeman then came and called me out on the private side, and I told him to lock them up—I slightly bent the florin—Barford took it up, and it was found on him afterwards. Cross-examined. Q. Was he drunk or sober? A. He appeared to have had a little, but he knew what he was about—I think he made himself worse than he was—he did not go as if he was stupidly drunk. EDWARD BROWNING ( Policeman 111 V ). On the 14th November, in consequence of information, I went to Mr. Boddy's house and took Brad-ford and Harris—I searched Bradford, and found in his right pocket ten bad half-crowns and a bad florin, and in the left a good florin, nineteen shillings, and seven sixpences, all good, but in a different pocket to the bad money—on Harris I found one shilling, two sixpences, and tenpence halfpenny in copper, all good—when Hales was brought in I searched him, and found two sixpences, two shillings, and a halfpenny, all good. Cross-examined. Q. When did you first make that statement about the good money being in the right pocket and the bad in the left? A. At police-court—I swear that—he appeared to have been drinking; he was just comfortable—it was Kingston fair day—he said nothing to me about the fair. HENRY BRILL (147 V). I went with Browning to Mr. Boddy's, and took Hales to the station. WILLIAM WEBSTER . These two coins are bad; these ten half-crowns found on Bradford are also bad, and among them are two from the same mould as that uttered by him, and three from the same mould as that uttered by Harris; the others are from different moulds—this florin is also bad. Harris's Defence . I went into a public-house in Kingston fair, and Bradford, whom I had never seen before, entered into conversation with three of us, and said that he had found a bag behind a cart, with some half-crowns in it. We walked to Richmond together, and he said that he would stand treat, and gave me a half-crown to get two pickwicks. We then went to the Railway Tavern, and I found he had a bad florin. We were locked up. Hales's Defence . I met these men. I had two shillings and a halfpenny. I never tendered any bad money. GUILTY .— Confined Nine Months each . 72. MARY HENLEY (26) , Unlawfully uttering counterfeit coin. MESSRS. POLAND and O'CONNELL conducted the Prosecution, and MR. GOUGH the Defence . PHCEBE KINCHIN . I am the wife of Henry Kinchin of Edward Street, Blackfriars Road—my father, Mr. Waller, keeps the Dover Castle public-house—I was there on the 9th September, between eight and nine at night, sitting in the bar—the prisoner came in for a pint of half-and-half—I served her—it came to 2 d .—she gave me a florin—I put it in the till—I gave her 1 s . 10 d . change—my mother, who was also serving in the bar, remained, but I went away. Cross-examined. Q. Do the public-houses open at five and close at eleven on Sunday evenings? A. Yes—I did not serve twenty customers—I cannot say as to fifteen—mother also served other customers—the prisoner had a bonnet on—there are two tills, I moved about, and put the money into the till nearest to me—it is a well lighted room. MR. O'CONNELL . Q. Do you know that there was no larger coin in the till? A. There was not. PHCEBE ELIZABETH WALLER . I am the wife of Samuel Charles Waller, who keeps the Dover Castle—I saw the prisoner there on the evening in question—I cleared the till the first time that evening between eight and nine—that was after the prisoner left—my daughter had been assisting in serving some time before that—on clearing it I found only one florin, which I put in my pocket—the prisoner had gone out, but she came back afterwards with another woman, and I served her with a quartern of gin, which came to fivepence—she gave me a florin, which I put in the till—there was no other florin there—I gave her the change, and she left—I served in the bar with my husband till eleven o'clock, when we closed—I took no other florin that evening—my husband was serving a lad with some porter, he tendered the florin in change for a half-crown, and it was found to be bad—I then looked at the one in my pocket, and found that also bad—I gave it to my husband. Cross-examined. Q. How do you know the prisoner is the person? A. I know her well by seeing her frequently come in and have something to drink—I had taken no large money that evening—my husband had the money out of the till which was taken during the day. SAMUEL CHARLES WALLER . I am the husband of the last witness—I found a florin in the till, tendered it in change, and found it was bad—I showed it to my wife, who gave me another bad florin from her pocket—I kept them in my pocket, and ultimately handed them to a policeman—on the Tuesday following I saw the prisoner in front of my bar, and asked her if she recollected being there on Sunday evening—she said, "Yes"—I said that she had passed two bad florins—she said that she had not—I gave her in custody, with the coins. GEORGE NOEL ( Policeman 83 M ). On the 11 th of September the prisoner was given into my custody, with these two florins ( produced )—she said that she did not pass them. Cross-examined. Q. Do you know where she lives? A. Close to Black-friars Road, about ten minutes' walk from this public-house. WILLIAM WEBSTER . These florins are bad and from the same mould. NOT GUILTY . 73. ANN CRACKNELL (24) , Unlawfully endeavouring to conceal the birth of her child. MR. LEWIS defended the prisoner . GUILTY . Recom mended to mercy by the Jury. — Confined Fourteen Days . 74. JOHN THOMPSON (18) PLEADED GUILTY * to three indictments for burglaries in the dwellinghouses of John Gray , Joseph Wilson , and William Hicks , and stealing divers articles, their goods. — Confined Eighteen Months .

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HELD AT JUSTICE-HALL in the OLD-BAILEY, On WEDNESDAY the 6th, THURSDAY the 7th, FRIDAY the 8th, and SATURDAY the 9th of July. In the 22d Year of His MAJESTY's Reign. BEING THE Sixth SESSIONS in the MAYORALTY of the Rt. Honble Sir Robert Ladbroke , Knt. LORD-MAYOR of the CITY of LONDON. NUMBER VI. LONDON: Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1748. [Price Sixpence.] THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c. BEFORE the Right Honourable Sir ROBERT LADBROKE , Knt. Lord-Mayor of the City of London, the Right Honourable the Lord Chief Baron PARKER , the Honourable Mr. Justice BURNET, the Honourable Mr. Justice FOSTER, JOHN STRACEY, Esq; Recorder, and others of his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City, and County of Middlesex. London Jury. Richard Scarr . William Nash . Caleb Toulman . Jacob Ilive . John Bonner . Thomas Parkinson . James Barlow . Newton Lucas . John Egremon . James Waugh . John Tipp . Francis Merriweather . Middlesex Jury. Walter Lee . John Deschamps . William Wilton . John Reynolds . Willian Payne . William Boozshire . Robert Harrop . William Duck . Thomas Bishop . John Smith . Thomas Woodward . Andrew Moran . 316 + John Strong , was indicted for breaking and entering the dwelling-house of John Lodge , in the ward of Bishopsgate , London, about the hour of two in the evening, and stealing forty yards of broad cloth, value 30 l. the property of John Skelton . N. B. Those Trials with this mark + shew that the Prisoners were indicted for Capital Offences, and must have receiv'd Sentence of Death, if the Jury had found them guilty of the whole Indictment. John Skelton sworn. Q. What have you to say, with relation to this charge? Skelton. The beginning of May I sent a piece and an half of broad cloth to Mr. Lodge's. Q. What quantity of yards were there? Skelton. There were two quantities; one was twenty-five, and the other about eighteen yards. [The cloth was produced.] Q. Do you know that to be your cloth? Skelton. Yes. Q. Do you know who stole it? Skelton. I know nothing farther than that it is mine. The Prisoner was charg'd with stealing this cloth, and was carried before my Lord-Mayor; he denied it at first, but afterwards owned he was the person that stole the cloth. Q. Did he tell you in what manner he stole it? Skelton. No Q. Did he tell you what sort of cloth it was that he had stole? Skelton. He said it was superfine cloth. Q. How came you by this cloth again? Skelton. It was sent in a basket to Mr. Cam's. William White sworn. Q. Do you live with Mr. Lodge? White. No; I did work with him, but I have not worked there since this fact was committed. Q. Do you remember the taking in of that cloth at Mr. Lodge's, at any time, and when? White. Let me look at the cloth [which he did.] On the fourteenth of May, at night, I left these two pieces of cloth at Mr. Lodge's, safe in the warehouse. Q. What time did you leave these in the warehouse? White. Between six and seven at night. Q. Did the Prisoner work for Mr. Lodge? White. Yes. Q. Did he work there that day? White. No; he had not worked there for fourteen or fifteen months before. Q. When did you go to Mr. Lodge's again? White. On the Tuesday; and when I came there, I was asked concerning the cloth. Q. Is there any gate there? White. Yes; there is a gate that goes into a yard, with a lock to it, and a bolt that goes into the staple four inches. Q. Where is this warehouse? White. It is in Little St. Hellen's. Q. Is it any part of the dwelling-house? White. No, it is not. Q. Does it join to the dwelling-house? White. They join wall to wall. Q. Have you any passage, or communication, between this place and the street? White. None, but by going in at the gate. The house and warehouse is all within the gate. Q. But this is not Mr. Lodge's dwelling-house? White. No; it is only for to receive goods. Q. Do you go through the dwelling-house to go into this warehouse? White. No. Q. Has the dwelling-house any door to it, besides the door that is at the coming into the yard? White. No. Q. And is there no way of going out of the dwelling-house into this warehouse, without going into the yard? White. No. Q. Do you know how the cloth was found again? White. Only as it was said, to be brought to Mr. Cam's. Ann Walker sworn. Q. What have you to say? Walker. On the sixteenth of May, between five and six in the morning, I saw the Prisoner with something tied up in a brown wrapper, and he laid it upon a post; and he said, if I would take care of it till an inn was open, he would give me something to drink. Q. Did you carry it to any inn? Walker. I carried it to Mr. Stephen Scot 's, in Catharine-Street, in the Strand. Q. What was it that was in the wrapper? Walker. It was something of a dark coloured cloth. Q. Is that the wrapper? Walker. Yes. Q. Is that the cloth? Walker. Yes, I am sure it is; and when he went into the house, he laid the cloth down upon a table below stairs, and I took a candle, and lighted him up, and he carried it into a room up two pair of stairs. Q. What occasion had you for a candle at that time in the morning? Walker. Because the woman of the house was in bed, and he desired to leave it there, till the inn was open. Your servant, my Lord, you have done with me? Mary Goldsmith sworn. Q. Do you remember, on the sixteenth of May, seeing that young man at the bar? Goldsmith. Yes, I saw him come into my aunt's house with something. Q. Was any body with him? Goldsmith. Yes, one Ann Walker was with him, who I knew, or else I would not have let him in. Q. What did he bring? was it a portmanteau? Goldsmith. It was like a portmanteau. I took it to be a portmanteau at first, but it was cloth. Q. Is that the cloth? Goldsmith. I cannot say it is. Q. Did he leave any thing in your house? Goldsmith. Yes, he left it up two pair of stairs. Q. How came it to be sent away? Goldsmith. My uncle sent it away, upon seeing an advertisement. Q. Did the Prisoner come for it? Goldsmith. Yes; but my uncle thought it was stolen, and he kept it, and sent it home. Q. When was it sent home? Goldsmith. The Saturday following. Q. Are you sure the Prisoner is the person that brought it? Goldsmith. Yes, he is the person that brought it. Q. What was it in? Goldsmith. It was in a brown cloth. Q. Did he come to demand it? Goldsmith. Yes. Q. Was it before, or after it was advertised? Goldsmith. It was before it was advertised. Q. What did your uncle say about it? Goldsmith. He was very angry at my taking it in, and thought it was tea. Mary Longbottom sworn. Q. What are you? Longbottom. I keep a publick-house in Shoe-Lane. Q. Did the Prisoner come into your house at any time? Longbottom. On the eighteenth or nineteenth of May, the Prisoner came with two men to my house. Q. What time did they come? Longbottom. They came about noon, and they were talking about cloth; and they said they were going about this cloth to Scot's, and that they believed the cloth was damned, but sooner than the people of the house should have it, the owner should have it. Q. Who said that, the Prisoner, or any body else? Longbottom. It was another person said so to the Prisoner, and advised him to send a letter to Scot's, or to advertise it. Q. Did the Prisoner say any thing to that? Longbottom. He said he would go to Scot's; and presently there was a woman came in, and she advised him not to go to Scot's, for it would blow him. Q. And did he go to Scot's? Longbottom. He went out, and said he would go to Scot's. Q. Did he return again? Longbottom. Yes. Q. How long did he stay? Longbottom. About an hour. Q. Did the woman stay? Longbottom. The woman staid all the time. Q. When he returned, what did he say? Longbottom. The woman asked him what he had done, and he said he had made an offer of part of the cloth, and nothing could be done. Q. Was there any conversation between you and him? Longbottom. I asked him whether he had lost any thing, and he said, he believed he had lost fifty pounds; said I, did you tell it? he said, it was not money, it was cloth. Q. What cloth did he say it was? Longbottom. He said it was superfine cloth. And there was one White, who was turn'd out of his work upon that account, came to my house, and spoke of the affair. William White . I am the man; it very nearly concern'd me, for I have been a great sufferer by it. Longbottom. The second time he was carried before my Lord Mayor, he confessed the fact, and desired to clear the woman, for she was not guilty of it. Q. to Goldsmith. Is your uncle's name Scot? Goldsmith. Yes. Sarah Scot sworn. Q. Do you know the Prisoner at the bar? Scot. Yes. Q. What do you know of him? Scot. The Prisoner at the bar came to demand a piece of cloth, which was brought when I was in bed, and asleep : He came several times about it; he came one night, about ten o'clock, with a woman in a cloak; and the next day two men came, and one of them threatened my maid, and said, if she said any thing to them, he would put her eye out with a cane; and the Prisoner said, the cloth was worth twenty pounds. I told a man of very good sense of it, and he advised me not to let the Prisoner have it, and I would not let him have it; for I said to my husband, keep it and he said he would keep it, and see whether it was advertised; and when it was advertised, he sent it home. Q. When was it advertised? Scot. It was advertised the next day, and my husband ordered, that there should be no money taken for the carrying it. Q. Is that the cloth? Scot. That is the cloth, I am sure, and I was angry with my maid, and gave her a slap on the face for taking it in, for I thought it was tea, and she run away from me upon that account. The Jury acquitted him of the burglary, and found him guilty of the felony . [Transportation. See summary.] 317. Rebecca Portore , was indicted for stealing three silver tea-spoons, value 6 s. a pair of silver tea-tongs, value 8 s. two caps, value 12 d. a shirt, value 5 s. an apron, value 12 d. a cotton gown, value 10 s. a pair of stays, value 20 s. a woman's bever hat, value 2 s. 6 d. one pair of sheets, five aprons, and a towel, the property of Bridget Murphy . A gown, value 3 l. a stuff gown, a pair of stays, a handkerchief, &c. the property of Honnor Obrian ; and four aprons, a pair of stays, a quilted petticoat, a pair of shoes, and a pair of stockings, the property of Mary Jones , June 2 . Bridget Murphy . The Prisoner's aunt recommended her to me as a very good hand at washing, and I took her into my house; for I thought she had been set in scorn by her friends, on account of her having a sweetheart, and the first or second of June she lay at my house. I ordered my maid to let her have some victuals, and go to bed. I talked to her a good deal, and spoke very simpathizing to her; and I said, if she had done a fault, she was not a thief, and the Prisoner went to bed with my maid. Q. Where is your maid? Murphy. She has an impediment in her speech, and cannot speak in a Court. Q. What did she take of yours? Murphy. She took my new stays, and the other things in the indictment. Q. Did you see her do this? Murphy. No, but they were found upon her. Q. Have you got them again? Murphy. No, but I hope I shall with your good order, for they are in Mr. Noakes the constable's hands. Q. How came you to find it out that you was robbed? Murphy. I heard a noise very early in the morning, and called to my maid, and asked her what she did up so soon, and she said she was in bed. I enquired after the chairwoman , and my maid said she was gone. Q. Where do you live? Murphy. In the Temple-Mews , next door to Mr. Wright's coach-yard. When my maid said she was gone, I said, how could you be such a bear, as to let her go? And the door was left quite open, and the things gone. Q. Where did you find these things? Murphy. At a publick-house in Broad St. Giles's, at Mr. Noakes the constable's. Honner Obrian. I lived with Mrs. Murphy at this time, and lost two gowns, and several other things. Q. Have you got them again? Obrian. They are all here. Q. Where did you find them? Obrian. The Prisoner had my gown and stays on. Prisoner. I desire to know, whether Mrs. Obrian did not lend me the things? Obrian. No; I had my gown and stays on over night. I did not lend her any thing. John Noakes . A woman seeing the prisoner going along, early in the morning, with a large bundle, sent for me into St. Thomas's-Street, and I got up, and took the Prisoner, and carried her before Justice Broadhead, and she was committed on suspicion, and she confessed that she stole the things, and that they belonged to Mrs. Murphy. Guilty . [Transportation. See summary.] 318. + George Adams , of Sepulchre's , was indicted for stealing 14 s. 6 d. in monies number'd, the property of Charles Marshall , privately from his person , June 22 . Charles Marshall sworn. Q. What did the Prisoner do to you? Marshall. He took 14 s. 6 d. from me. Q. Where was you? Marshall. In one of the stables at the Swan-Inn at Holborn-Bridge . Q. What was it in? Marshall. In a canvas purse, in my breeches pocket. Q. What time of the day was it? Marshall. I cannot say what time it was: I went into the stable at eight o'clock in the morning, and went and laid down. Q. What was you asleep? Marshall. Yes; I lay asleep in the manger. Q. Are you sure you had the money in your pocket? Marshall. Yes. Q. Did you feel in your pocket for the money a little before you went to sleep? Marshall. Yes. Q. How long before? Marshall. About two hours. Q. Had you been in any company in that time? Marshall. No; I went in with a pair of horses. Q. Are you a coachman? Marshall. No; I went in with a young man, who lives at the Green Man in Barnet. Q. What reason have you to charge the Prisoner with it; can you say he took it? Marshall. I cannot punctually say, whether he took it out of my pocket. Q. When was the Prisoner taken up? Marshall. The same day. Q. Did you take him up upon suspicion? Marshall. Yes. Q. Did you charge him with any thing? Marshall. I could not swear to any particular pieces of money he had in his pocket, but he owned the taking the 14 s. and 6 d. Q. What did he say when he owned it? Marshall. He said he took it out of my pocket. I did not say much to him. Q. Have you got your money again? Marshall. No, all the money is gone; he has made away with it all. Q. Was any body by when he owned it? Marshall. Yes, and he owned it before my Lord-Mayor. Q. Did the Prisoner work in the yard? Marshall. Yes. Q. Was he a helper to the hostlers? Marshall. I cannot tell. Prisoner. He offered me a great deal of civility, and said he would do nothing to me. Q. Is this true? Marshall. I said, if he would kneel down upon his knees, and give me a note of his hand, I would forgive him. Q. Did he give you a note of his hand? Marshall. No. Charles Davis . I am a warder in Sepulchre's Parish. The constable sent for me; the Prisoner was in custody, and it was a long time before the Prisoner would confess any thing; and then he owned he had taken 14 s. 6 d. out of the Prosecutor's pocket, and that he had spent part of the money. Q. Was there any promise made to the Prisoner, to induce him to make this confession? Davis. There was an offer made to him, to take a note of his hand, but he would not do it. Richard Fulbrook . I am the constable that had the charge of this man, for taking the 14 s. and 6 d. I took him out of the room, and asked him about it, and he said, he hoped he had made things easy? Q. Who said so? Fulbrook. The Prisoner at the bar. Q. Did the Prosecutor say so? Fulbrook. If he would have signed a note for the money, it might, I believe, have been so, but the Prisoner would not do it. The Prisoner had in his pocket half a crown, a shilling, and some halfpence, but the Prosecutor could not own any of the pieces of money that the Prisoner had in his pocket, and he returned them to the Prisoner again. Charles Bickerton , for the Prisoner. Q. What have you to say, as to this affair? Bickerton. I can say nothing to that. I have known him sixteen or seventeen years, and I never heard any thing amiss of him; he came first upon liking to me. Q. What trade are you? Bickerton. I am a turner, and we differed about the money, and I did not take him; but he went to a brass turner in Holborn. Q. And did he serve his time out? Bickerton. Yes. Q. How long has he been out of his time? Bickerton. I do not know justly, is may be about a year. Q. What has he done for his living since? Bickerton. I do not know. Prisoner. I have been out of my time a year last September. The Jury acquitted the Prisoner. 319. + John Levally , of St. Bartholomew, by the Exchange , was indicted for stealing a linen handkerchief, value 2 s. the property of John Slade , privately from his person , June 25 . John Slade . On the twenty-fifth of June, as I was going thro' Swithin's-Alley , about four o' clock in the afternoon, I was alarm'd by Mr. Moxum, that my pocket was picked; I turned about immediately, and seized the boy , and missed my handkerchief. Q. Did you find any thing upon the Prisoner? Slade. I did not find any thing upon him; it appeared, that he delivered it to another accomplice. Q. How did it appear? did it appear to you? Slade. I did not see him. Q. You are to tell me what you know of your own knowledge, not what you have from other people. Slade. I know nothing of his taking it, but what I had from Mr. Moxum. John Moxum . I live at Hamlin's Coffee-house, in Swithin-Alley; and as I sat in the house, I saw the Prisoner take this gentleman's handkerchief out of his pocket, and it was conveyed down into a cellar, and was brought up the next morning, and the gentleman came and owned it. Q. Was there any body else with the Prisoner then? Moxum. There was another boy close by him. Q. Did you ever see the Prisoner before? Moxum. No, never, before that day. Guilty, 10 d. [Transportation. See summary.] 320. John Williams , was indicted for stealing a silk handkerchief, value 10 d. the property of George Goodwin . June 13 . George Goodwin . On the thirteenth of June, between two and three in the afternoon, I was going down the Poultry , and I lost my handkerchief. One Mr. Bodker came running after me, and when I came to the end of the Old Jury, he said he had seen a man pick my pocket. I don't know that I saw the Prisoner, till Mr. Bodker had laid hold of him. Prisoner. I am not guilty of this, and no person ever took a handkerchief upon me. Henry Bodker . As I was standing at my door in the Poultry, I saw the prisoner follow Mr. Goodwin, and I saw the Prisoner's hand in his pocket. Q. Did you see the handkerchief in the Prisoner's hand? Bodker. No, I saw no handkerchief; but I saw his hand in Mr. Goodwin's pocket a considerable time. Q. Did the Prisoner run away? Bodker. He run under the coaches, I suppose, not thinking to be pursued; but I kept my eye upon him all the time, and secured him. Prisoner. I was going down to Little Tower-Hill, to an uncle of mine, who is a fellowship-porter, and I was taken, and carried before a Magistrate. I think it is very wrong, that I am brought here for nothing at all. I have several witnesses to my character, but they cannot be here till to-morrow. Acquitted . 321. Lawrence Watson , of St. Ethelburg , was indicted for stealing a brass pestel and mortar, a copper saucepan, a tin pepper-box, &c . the property of the , June 8 . James Vernon . I was upon duty about a month ago. The Prisoner belongs to the parish of St. Ethelburg. Q. What are you a constable? Vernon. Yes. Q. Of what parish? Vernon Of St. Martin Outwich. The Prisoner was found breaking out of a celler window. I went with the watchmen, and found the Prisoner in the celler. Q. What celler? Vernon. The celler belonging to the parish of St. Ethelburg, and we found the things that were about him, between his shirt and his skin. Q. What things did you find upon him? Vernon. There were several sorts of things. [ There were a saucepan, and a considerable quantity of kitchen furniture produced.] Margaret Harman . I am matron of the workhouse of St. Ethelburg. Q. Look upon these things, and see whether they belong to the workhouse of St. Ethelburg. Harman. They do belong to the workhouse; and these things were found upon the Prisoner, between his shirt and his skin. Q. What was the saucepan found between his shirt and his skin? Harman. The saucepan he had down in the celler, when he was taken, and there was a warning-pan that he left in the celler. Q. How long had he been in the house? Harman. He was passed in on Monday, about eleven o'clock, and this was on the Wednesday after; and if it had not been for a door and a holt, he might have killed me; for he said to me, D - n you, you b - h, if I could get at you, I would do for you. [It appeared that the Prisoner, since he had been in Newgate, had some signs of deliriousness, and behaved like a crazy man.] Q. to Harman. Do you know any thing of his deliriousness? Harman. I do not know; he was there but one day Acquitted . 322. + Elizabeth Haymour , was indicted for stealing forty shillings in money, the property of Robert Lacey , in the dwelling-house of Philip Gray , June 6 . Robert Lacey . The Prisoner lodged in the house that I lodged in, in Shoe Lane, Holborn . Q. Whose house is it? Lacey. Philip Gray 's. Q. When was it that you missed your money? Lacey. I missed it on the seventh of June. Q. Where was your money? Lacey. In a chest. Q. What money was there in the chest? Lacey. Upwards of seven pounds. Q. How much did you lose? Lacey. Upwards of forty shillings. Q. Was the chest broke open? Lacey. Yes. Q. How came you to suspect the Prisoner? Lacey. Because she went away. Q. Did you find the chest broke open on the seventh of June? Lacey. Mr. Gray, that I lodged with, found it broke open. Q. When was the Prisoner taken? Lacey. She was taken the seventh of June, and was brought to the house. Q. Did she make any confession? Lacey. Yes; she said the chest was broke open, and that a man, who used to come to her, took a piece of iron, in the shape of a chissel, made out of a nail, and broke it open, and she took out the money; and that this man went to the Fleet, and married her there the next day. Q. How do you know there was forty shillings taken away? Lacey. There was a Queen Anne's guinea, and upwards of twenty shillings in silver. Q. Was there any silver left? Lacey. No. Q. Was there any gold left? Lacey. Yes; there were two more guineas, and two moidores. Q. Where were these? Lacey. They were in the chest, in a quartern pot. Q. Were they in the same part of the chest? Lacey. Yes. Philip Gray . The Prisoner was brought to my house, when she was taken. She was my servant . Q. How long had she been your servant? Gray. About a month; and she said before the Justice, that a Man broke open the chest, and that she took out the money. Q. Was you before the Justice with her? Gray. Yes, my Lord; and she owned, that this man, that broke the chest open, was with her the next day at the Fleet, and married to her. John Thrift . I was with the Prisoner before the Justice, and she confessed there, that she attempted to break it open, and she could not do it, and that the man broke it open, and that she took the money out. Nicholas Casson . The Prisoner owned before the Justice, that she did attempt to break open the chest, but could not do it, and then the man did it, and she took out the money. That is all I know. Guilty of the Felony, to the value of 39 s. [Transportation. See summary.] 323. + Joseph Saunders , was indicted for stealing a silver tankard, value 10 l. the property of William Watts , in his dwelling-house , June 25 . William Watts Sworn. Q. What have you to say against the Prisoner, about a silver tankard? Watts. The Prisoner took my tankard out of my kitchen on Saturday was sev'nnight. Q. Where do you live? Watts. At the Castle , just by Great-Moorgate . Q. What is the tankard worth? Watts. I have valued it at ten pounds, and it cost me 11 l. 7 s. last September. Q. Do you know who took it? Watts. No. [The lid of the tankard was produced.] Q. to Watts. Is that lid yours? Watts. Yes, I can swear to it by the solder on each side of the lid. Q. Where did you find that lid? Watts. It was in the hands of Mr. Scriven, and I had it of him. Q. Do you swear that to be the lid of the tankard you lost out of your house on Saturday was sev'nnight? Watts. Yes. Gibbon Scriven sworn. Q. You see that lid, and you hear that William Watts claims it, how did you come by it? Scriven. On Saturday was sev'nnight, between eleven and twelve, the Prisoner came to my mistres's. Q. Was it noon or night? Scriven. It was night, Q. Who is your mistress? Scriven. I live with Mrs. Harvey, a pawnbroker in Houndsditch. I had a pretty many customers in the shop when the Prisoner came in, and after they were gone out, he said he wanted to ask me a question; I said, what is it? he asked me whether I bought plate, and I said I did not, unless I knew the person; he shewed me this lid, and I asked what he would have for it, and he asked ten shillings for it; I said, I believed it was stole; he asked me, whether I thought he stole it, and began to make words; I said I would stop it, and advertise it, and I did not doubt but I should find an owner; and I told him, if he would tell me his name, an d place of abode, I would return it him, if it was not owned, and he told me where he lived, but I found it was advertised in the paper: I went to Mr. Watts's with it, and he owned it to be the lid of his tankard. Q. Did he tell you the right place of his abode? Scriven. He told me pretty near it, it was in the next street. Mr. Watts sent for the silversmith he bought it of, and he said it was the lid of the tankard he sold Mr. Watts. Prisoner. I told Mr. Scriven, that I found the lid. Q. Was there any body by when you found it? Prisoner. There was a person by, but I don't know where to find him. Joseph Rylance sworn. Q. What business are you? Rylance. I draw beer for the man at the Castle at Moorgate. Q. Did you draw any in this tankard for the Prisoner, that night the tankard was lost? Rylance. I drew two tankards for him that night. Q. What in this tankard, that was missing afterwards? Rylance. Yes, and, to the best of my knowledge, this is the same lid. The Prisoner went into the fields with us, under pretence of shewing us where the body of the tankard was; he said, if he had his hands loose, he would tell us where it was. Q. What fields were these? Rylance. Islington-Fields, by the ditches upon a dunghill. Q. At that time did he own the taking of the tankard? Rylance. He owned he had it, but he would not own he took it. Prisoner. I did not own it, for I could never own what I never had; and they kicked me, and beat me about, and used me very ill; they promised me money, half guineas, and two guineas, if I would tell them where it was; and I was willing to accept of it, because I was poor, and wanted money, and I pretended to tell them where it was, but I could not tell. William Wilks sworn. Q. Did you make this tankard for Mr. Watts? Wilks. Yes. Q. Is that the top of the tankard? Wilks. It is the very same that I sold to Mr. Watts. Q. What might the value of the tankard be, that you sold to him? Wilks. He gave me eleven pounds seven shillings for it. When the Prisoner was taken, he said, if we would let him, he would go with us, and shew us where he had hid the tankard. Prisoner. I did not tell you so. Wilks. You did tell us so. I will go further yet. Prisoner. You may go as far as you please. Wilks. I can go a little further yet. We went with him into the fields, and went on the backside of Islington two or three times; and he told us one place, then another, and we tried to find it, but could not, and then we brought him back before the Justice. Q. What Justice? Wilks. Justice Hole; and then he said where he had hid it, and insisted upon that to be the place, but they did not let him go; and there was a letter sent to Mr. White about it, and yesterday, in Newgate, he said he could tell where he had hid it. Q. Have you any witnesses to call? Prisoner. I have several here, but they are not come; my wife is here, and I believe she can call them. I have been a master of my business nineteen years, and never was before a Judge in my life before. I was very drunk that night, and I am sometimes mad and lunatick. Capt. Reuben Harding sworn. Q. What have you to say with regard to this affair? Harding. My Lord, I know that the Prisoner has been deemed a lunatick person. Q. When was he deemed so? Harding. In the year 1745, when I served the office of churchwarden in Whitechapel Parish, and where he then lived, and I confined him to a mad-house. Q. Was he lunatick at the time he stole this tankard? Harding. I cannot tell that, my Lord. Q. How came they to let him abroad? Harding. I suppose they did not think him so then; he was better for some time, but he was confined again afterwards. Q. Do you know that? Harding. Yes, my Lord, he has been confined in Bethlem, as I have been informed. I knew him a great many years before that, and never knew but what he bore a very good character. John Fearnly . I have known the Prisoner six years; he served me with pipes; he is a pipemaker , and I never knew him do any thing amiss in my life; he was taken out of my house, when he was out of his Senses. Q. When was that? Fearnly. I believe about three years ago. Q. How was he in last June? Fearnly. He was in our house about a week or a fortnight ago, and he said, he seemed to be going that way, and his wife said she believed he was; I was at table with him, and he seemed to look wild. Q. How long is that ago? Fearnly. My Lord, I believe it is a fortnight to day. Q. to Joseph Rylance . At the time the Prisoner was at your house, and you drew the beer for him, was he in, or out of his senses? Rylance. An please you, my Lord, he was as well in his senses, as he is now. Prisoner. Here is a gentleman in Court, Mr. Wright, who was drinking with me at the same time, I desire he may be called. Richard Wright sworn. Q. What have you to say on this affair? Wright. I happened to be drinking in the house the night the tankard was lost, the Prisoner was there, and I thought he was in liquor; I went out of the house, and left him there, but he did not seem to be out of his senses. Prisoner. I never was accused with wronging any person in my life, for I found the tankard. Rylance. He said he found the tankard at Aldersgate. The Jury found him guilty of the felony, to the value of 39 s . [Transportation. See summary.] 324. + Catharine Campbell , was indicted for stealing thirty yards of black mantua silk, value 30 s. the property of Mary Cox , in her shop , May 30 . Mary Cox . On the 30th of May that gentlewoman stole thirty yards of from me, out of my shop. [The silk was produced, and sworn to by Mrs. Cox, to be her property.] Q. Where was it found? Cox. It was found in Tucker's-Alley; I heard my mother cry out, stop thief! and one Catharine Grimes gave that silk to my mother, and she brought it into the shop again. Grace Baxter. I am Mrs. Cox's mother; she keeps the shop, and I live with her. I was in the shop, when the Prisoner stole the silk. Q. What pretence did she come under? Baxter. No pretence at all. The silk was in a white paper upon the counter, and presently I missed the silk, and I was frightened out of my wits; and I run out of the shop after her, and cried out, stop thief! and she threw it down a baker's cellar. Q. Did you see her throw it down the cellar? Baxter. I did not; this girl, Catharine Grimes , gave it me, and when the Prisoner was brought back to the shop, she gave me a slap on the face. Q. Did you lose fight of her? Baxter. No. Catharine Grimes . I saw the Prisoner about half an hour, looking about Mrs. Cox's door, in Cranbourn-Alley ; she had a child in her arms, and gave the child a half-penny to keep her from crying, and she took the silk out of the shop, and I saw her throw it down a baker's cellar. Prisoner. My Lord, if you please, I will tell you how it was, from the beginning to the latter end. About two months ago I was ill of a fever, and I had an acquaintance in the Prince of Wales's nursery, and she advised me to go into the Hospital, and I was six weeks there under the physicians hands; and I went that day to the Prince of Wales's, and as I was coming down this street, with the child in my arms, a woman, with a white cloak on, slipped behind the counter, and took something out of the shop, and Mrs. Baxter took hold of me, and gave me a slap on the face, and I gave her another; and as I was not guilty, I did not know why I might not give her another. Guilty, 4 s. 10 d. [Transportation. See summary.] 325. + 326 + 327. + Richard Frost , William Collins , and Fergus Crone , were indicted for assaulting John Hudson on the highway, putting him in fear, and taking from him a frock, value 3 s. a waistcoat, value 2 s. a pair of breeches, value 1 s. and one shilling in money, his property. July 2 . John Hudson . On Saturday last, between ten and eleven o'clock at night, the Prisoners laid hold of me, and struck me on the head. Q. Who struck you on the head? Hudson. Crone did. Q. What are you? Hudson. I am a haymaker . Q. What did Crone lay hold of you by? Hudson. By the collar; and he put his hand to my throat, and asked me for my money; and Collins struck me on the side of my head with his hand, and I went down on my knees, and begged for my life. Q. Did they take all you had? Hudson. Yes, so I was very willing to strip myself. Q. Did you say so to them? Hudson. Yes, and I pulled off my clothes, so much as my breeches and stockings, myself, and afterwards they threw me into a ditch, and I cried out murder. Q. Which of them threw you into a ditch? Hudson. I cannot tell, but I am sure one or two of them pitch'd me into a ditch; and then they took my clothes, and run away, as fast as they could, for London. Q. Had you any money in your pocket? Hudson. Yes, but I cannot tell justly what it was, but it was silver; I am sure there was a shilling, and they took away all but my hat, wig, and slippers. Q. Did you overtake any of these three men? Hudson. Yes, I overtook Frost; and he said he was sorry for my distress, and he pitied me very much, and said he went into a ditch to save himself, and he helped me out of the ditch. Q. Look at those two men again, Collins and Crone, and see whether they are the men. Hudson. Yes, I am sure they are the men. I saw Frost afterwards, at the White-Swan, and treated him with a pot of beer; and when I saw him, I was sure he was one of the men, and I took him, and carried him before a Justice of the Peace. Q. Did Frost say any thing to you? Hudson. He did not concern himself in any one thing in the world. Alexander Rouchead . On Saturday night last, Richard Frost came into the White-Swan, and I heard a scuffle, and saw Frost and Hudson fighting in the publick room: I asked what was the matter, ( Hudson is a servant of mine) and he said, this is one of the men that robbed me; I got Frost into a box, and when Hudson was gone out of the room, I said to Frost: Now you have a shift for yourself, and to impeach the others, and he said he could not hurt him, because he never touched him. Q. Had Hudson his clothes on? Rouchead. He had no shoes or stockings, but he had a pair of breeches on. Q. What did Frost say, after he said he could not hurt him, because he never touched him? Rouchead. He said the other two robbed him; I asked him the names of the other two, and he said one was Fergus Crone , and the other William Collins , and I set their names down in my pocket-book, and carried Frost to the Round-house. Q. Did you go to enquire after the other two? Rouchead. Not till I went with Frost before Justice Poulson, and he said the same before the Justice, and desired to be admitted an evidence against the other two, but the Justice committed him to Newgate; and on Monday morning, about six o'clock, I took the constable with me, and went to the guard-room with Hudson, and I said to Hudson, if you see them, shake hands with them, and he did see Collins, and shook hands with him; and as soon as Hudson shook hands with him, I took him by the collar. Q. Was he upon duty then? Rouchead. Yes. Frost told me, they were both upon duty, and Crone was in the guard-room at the same time; I secured him, and had them before the Justice, and they were committed : The colonel was a little affronted that I should take them off the guard, and said, he would deliver them up, as soon as the guard was relieved. Q. What did they say before the Justice? Rouchead. They had a great many frivolous excuses, and Hudson said he had got into a skittle-ground with them at play, at the White-Horse, on the other side of Kilburn-Turnpike. Jury. Did Justice Poulson admit Frost as an evidence? Rouchead. He would have admitted him to have been an evidence at first, and Frost said he never touched the man, but knew the other two that did it; and afterwards Frost would have been an evidence, but the Justice told him he should have spoke sooner, it was too late, or else I believe he would have been admitted an evidence. Pris. Collins. I said to the Prosecutor, if you have a mind to be a soldier, I can help you to money for us all, and I put my hand in his pocket, and put sixpence into it, and presently afterwards he was stripped, in order to fight my comrade, Crone, and he stripped himself stark naked, and said, he would not go along with us. Q. You thought you had inlisted him then? Collins. Yes; I put the sixpence into his pocket to be sure, and I thought he would be a soldier, for he said he would go through the world with me. Q. What was the occasion of his stripping? Collins. He was going to fight with my comrade, and I said there was no occasion to pull his clothes off. Q. But you took his clothes away? Collins. I never took any of his clothes, to take them away. Pris. Crone. The Prosecutor challenged to fight with me, and I said I would not fight with him, and I went away directly. Pris. Frost. I had been a haymaking, and the Prosecutor had left his fork in pawn for a penny; he followed me stark naked; I went into a house to drink a pint of beer, and the Prosecutor came in, and challenged me with robbing him. Thomas Matthews . I am paymaster-sergeant of the company that Collins and Crone belong to, and no men have behaved better than they have done. Q. Did you ever hear any harm of them before? Matthews. Never, and they were always men that came as clean to their duty, as any men in the world; my colonel, Joseph York , is abroad, but if he was here, he would give them the same character as I do. William Hannibel . I am paymaster-sergeant of the company that Frost belongs to, and he has behaved incomparably well. I never knew any thing against him. Q. Do you know any thing of the other two? Hannibel. I have known them upon duty, and they always behaved well. William Hanover . Frost lodged with me when he first entered for a soldier , and he always behaved well. Thomas Davison . Frost always behaved well, and I lived with him about a month. [ The Jury desired that John Hudson might be called again, and desired they might ask him the following questions. ] Q. to Hudson. Was you playing with these people at skittles? Hudson. Yes, two or three games. Q. Did they call one another by their names? Hudson. No, only comrade, and comrade. Q. Had you any drink after you played? Hudson. Yes; after we had done, every man had a pint of beer. Q. Did you pay for it? Hudson. Yes; I laid a penny down, and left my pitchfork for the halfpenny. Q. Did any body talk of putting sixpence into your pocket? Hudson. I never heard such a word, as I wish God to be my judge. Q. Did they say any thing to you about inlisting? Hudson. No, they never said any such thing, as God is my judge. Q. Now if you paid a penny, and left your pitchfork for a halfpenny, how could you have a shilling for them to take? Hudson. That shilling was to pay for my lodging and washing. Q. How much did you receive? Hudson. I received three shillings, all but twopence. Q. When was you paid? Hudson. On Saturday, the same day. Q. What did you do with the rest of the money? Hudson. I paid it where it was owing. Q. I desire to know how you came by those breeches, which Rouchead says you had on, when you came into the alehouse, if you was stripped of all your clothes? Hudson. I left the breeches, and a waistcoat, at one Jones's, and as I was returning home along with Frost, I took that pair of breeches and waistcoat. Frost was acquitted , and the Jury found Collins and Crone guilty of the felony, but acquitted them of the robbery . [Transportation. See summary.] 328. John Collins , otherwise Collings , was indicted, for that he, on the 18th of December, 1731, at the parish of St. Ann, Black-Friars, did marry Alice Vintyman , widow; and that he afterwards, to wit, on the 26th of May, 1748 , at the parish of St. Botolph, Bishopgate , did feloniously, and unlawfully, marry, and to wife take, Elizabeth Watkins , widow, his said wife, Alice being living, and in full life , against the Statute in that case made and provided. Council for the Prosecutrix. My Lord, I am council in behalf of the Prosecutrix, the poor unfortunate woman, who is married to the Prisoner, and married him, thinking him to be sole, tho' he had a wife living. Gentlemen, the Prisoner got into the Charter-House, and there is no body can get into the Charter-House without being single *, and, upon proof of his being married, he was turned out. He afterwards got into company with one Mrs. Elizabeth Watkins , widow, and she thought the Prisoner would make her a good husband, and consented to be married to him. Gentlemen, we shall call our witnesses to prove the first and second marriages, and if we do, no doubt but you will find the Prisoner guilty; for this is gross adultery. * The person must make an affidavit that he is single, before he can be admitted. Rev. Dr. Grainger, rector of Black-Friars, sworn. Pros. Coun. Do you know any thing of the marriage of John Collins and Alice Vintyman ? Grainger. Yes, I do. Pros. Coun. Have you got the register here? Grainger. Yes. [ The register was produced.] This is seventeen years ago; it is the 18th of December, 1721, John Collins and Alice Vintyman were married; it is entered, John Collins , of St. Giles's, Cripplegate, and Alice Vintyman , of All-Saints, London, widow. Robert Hayward sworn. Pros. Coun. Do you know Collins? Hayward. Yes. Pros. Coun. Did you know him seventeen years ago? Hayward. About seventeen years ago the Prisoner married Alice Vintyman, and she lost her freedom, by marrying a foreigner; she kept a publick-house in All-Hallows, Thames-Street, and afterwards lived in Distaff-Lane. Pros. Coun. Did they live together as man and wife? Hayward. She always owned him as her husband, and went by the name of Collins. Pros. Coun. Do you know any thing of Collins's owning her to be his wife? Hayward. Her son, Benjamin Vintyman , died in Collins's house, in Distaff-Lane, and I buried the deceased person from that house. Pris. Coun. Then you know nothing of this but by the general report of people. Hayward. No: I know the son was very much displeased at it. Pros. Coun. When did you see this Mrs. Collins, that was Vintyman? Hayward. I have not seen her these three or four years, to my knowledge. John Warner sworn. Pros. Coun. Do you know the person, who was Alice Vintyman ? Warner. Yes, I lived over against her; I have seen her at my own house many a time, but I know nothing of their being married; I know they passed as man and wife. Pris. Coun. Did he behave to her as man and wife? Warner. It was said that he did. Pros. Coun. Do you know that he ever acknowledged her to be his wife? Warner. Yes, many a time; the Prisoner kept my books for me. Pros. Coun. Where do you live? Warner. I live at Trigg-Stairs. Pros. Coun. You say you knew this Vintyman; when did you see her last? Warner. I saw her last Tuesday. Pros. Coun. Was she living, and well then? Warner. Yes. Jury. It is very plain that she was married, or she could not have lost her freedom; and if fifty witnesses were called, it would be only losing time. Elizabeth Watkins sworn. Pros. Coun. Do you know the Prisoner? Watkins. Yes. Pros. Coun. Are you married to him? Watkins. Yes; I was married to him the 26th of May last, (it was six weeks yesterday) at St. Botolph, Bishopsgate. Pros. Coun. How came you to discover that he was a married man? Watkins. My maid-servant told me that he was a married man. Pros. Coun. Was you married by a clergyman of the Church of England? Watkins. Yes. Pros. Coun. Who was you married by? Watkins. I think it was Mr. Warren. [The Prosecutor's council produced a letter, and delivered it into Court.] Q. Look upon that letter, have you seen this before? Watkins. I received it from his own daughter's hand. Q. Is that his own hand-writing? Watkins. It is his own hand-writing. Q. Do you swear it to be his hand-writing? Watson. Yes. Pris. Coun. This is not directed to any body. I question whether they can read. Q. to Watkins. Have you seen him write? Watkins. Yes, many a time. [The letter was ordered to be read, which was as follows.] '' My dearest wife, '' As I always shall term you, for the other '' is, by agreement, to me no more, than one that '' I never saw; and might I have 10,000 l. shall '' never live with her, being more than divorced '' from her, in the sight of the Almighty; and '' therefore, notwithstanding the vile character '' that miscreant may have given you of me, '' I shall ever remain your sincere friend; and before '' I would wrong you, or your children, of a '' penny. I would first put my hand into the fire, '' and burn, having nothing more at heart, of '' all worldly things, than to secure you in your '' property, and shall ever be devoted to your '' service, and am '' Your most affectionate husband, '' whilst I am, '' JOHN COLLINGS .'' 26 June, 1743. Q. to Mrs. Watkins. What did he say to you, when you discovered this? Watkins. He said he had another woman, and he knew it was against the laws of the land, but it was not against the law of God. Q. Did he come and live with you, after marriage, as man and wife? Watkins. Yes. John Mitchell sworn. Q. Do you know that man at the bar? Mitchell. Yes. Q. Do you know Mrs. Watkins? Mitchell. Yes. Q. Did you see her married to Collings? Mitchell. Yes; I gave her away. Q. At what church? Mitchell. At St. Botolph, Bishopsgate. Prisoner. I would have put this off, and I would not have married; and she told me, if I would not marry her soon, she would not have me at all. I told her, I had a woman that I had kept company with sixteen years; but I never said any thing of marriage to her. Q. I think she was in the right of it, for people are not to be dallied with for ever. Guilty . [Branding. See summary.] 329. Sarah Skarrett , wife of Joseph Skarrett , of St. Mary, Whitechapel , was indicted for stealing twenty yards of ribband, value ten shillings, and a quantity of Ferrit, &c . the property of Maria Burgland , June 20 . Maria Burgland and Elizabeth Clowder being bound in recognizances to give evidence against the Prisoner, and they not appearing, the Prisoner was acquitted , and the Court ordered their recognizances to be estreated. 330. + John Garland , of St. George the Martyr , was indicted for breaking and entering the dwelling-house of John Barnard , about the hour of one in the night, with intent to steal , July 3 . John Barnard . Last Sunday morning, about three o'clock, my maid heard a noise, and told me, the house was broke open; a little afterwards I heard another noise, and the Prisoner had left his shoes, and by these shoes there was a ladder standing at the window, which was left there, (as the house was repairing,) and had been there for a fortnight before. Q. What was the Prisoner? Barnard. He was a bricklayer's labourer , and had worked for the person who does my work, and had worked there ever since Easter. Q. Are you sure the windows were shut at night? Barnard. I cannot say they were; it is possible they might be left open upon the account of the beat. Q. What sort of a house do you keep? Barnard. I have two houses together; the house that he broke into is let to two gentlewomen, and the other I live in myself, in Fisher's-Street, Red-lion-Square. The watchman was called by one of the maid-servants, and found the Prisoner wrapped up in a blanket, in my kitchen, lying upon two chairs. Prisoner. I was drunk that Saturday night, and one of the plumber's men was as drunk as I, and whether I went in at the house, the two ladies live in, or not, I cannot rightly tell. Acquitted . 331. + Mary Davis , of St. Ann, Limehouse , was indicted for stealing two guineas, value forty-two shillings, the property of Samuel Hewitt , in the dwelling house of Thomas Brooker , June 18 . Samuel Hewitt . The Prisoner is the girl that robbed me of two guineas. Q. Did you see her take it? Hewitt. No; but she confessed the taking it before Justice Berry, out of a chest of drawers in Mr. Brooker's house. Q. In whose custody were these two guineas? Hewitt. In my sister's; I gave them to her to keep for me. Elizabeth Brooker . About a fortnight ago my brother gave me two guineas to keep for him. Q. Where did you put this money? Brooker. In a chest of drawers, but I do not know whether they were locked up. Q. Did she live with you as a servant? Brooker. She used to come backward and forward, to play with the children for a bit of victuals. Q. Do you know any thing of the Prisoner's taking this? Brooker. No, only as she confessed it before the Justice; she said she pulled the drawers open, and took it; she did not say what she took it for. [ Elizabeth Davis , the Prisoner's grandmother, was asked the Prisoner's age, and she said, she did not know whether she was under or over fourteen, but that she was there away.] Hewitt. I had thirteen shillings and sixpence of my money again, and I would not have prosecuted the Prisoner, but her friends threatened to prosecute me, if I did not. Acquitted . 332. + John Wright , of St. Paul, Shadwell , was indicted for assaulting William Bridgman on the highway, putting him in fear, and taking from him a hat, value 5 s. and a peruke, value 15 s his property , April 18 . William Bridgman . On the eighteenth of April, about half an hour after ten in the evening, I was going along Ratcliff Highway , and a man gave me a great blow on my neck, and took my hat and wig, and run away; he did not knock me down, but I had much ado to recover myself. I have never seen my hat and wig since, and I never saw the gentleman, till I saw him before the Justice. Mary Matthews . Some time last April he came into Leach's house a little after ten in the evening, and I served him with a dram; presently afterwards he went out of the house, and in about a minute or two I saw him give this gentleman a drive at his head, and he snatched his hat and wig off his head, and run down Chambers-Street with it. I am sure he is the man; I have known him for years. Bridgman. I am sure I was served so, that is all I know. Jury to Bridgman. Did you know any thing of this gin-shop? Bridgman. No, I did not. There was a house near, and the Prisoner run into that house; I said to the officer, go into that house, for the man is run in there; the house was searched, but he was not found there. I had about 50 l. in my pocket, and, I suppose, if I had not stood upon my legs, I should have lost that. Jury. Is Mary Matthews a Prisoner? Matthews. I am in custody; I was not taken up, but came as a voluntary evidence. Q. Do you know where the Prisoner lives? Matthews. He lives in the Back-Lane, Ratcliff-Highway, by Chamber's-Street, about a quarter of a mile from where this was done. Ann Tennant . I nursed the Prisoner's wife; and the same night it was reported, that the hat and wig was lost, he was at home frying liver and bacon. Q. What day of the month was that? Ann Tennant . I cannot tell the day, for I can neither read nor write; it was between eight and nine at night, and he did not go out afterwards, for I lay there all night, and we went to bed between nine and ten. Q. How far is the room he lies in from the room you lay in? Tennant. They are close together; one is a fore room, and the other a back room. Q. Is it not possible, that he might go out, and you not hear him? Tennant. No, I never sleep so heavy as that. George Stannett . I have known the Prisoner's father and mother these twenty years, and I never heard any harm of him in my life. Richard Eyres . I keep a rope-yard; the Prisoner has worked with me at different times; I never heard any harm of him; his father is a ropemaker, and as honest a man as any in the world. Thomas Webb . The Prisoner has worked for me sometimes at jobbing. Q. What is his character? Webb. Middling, I believe; I never heard that he was taken up before. Acquitted . 333. Peter Herba , was indicted for stealing three shillings and nine pence halfpenny in money, the property of Samuel Ironmonger ; and two shillings, the property of Daniel Yates , June 14 . Guilty, 10 d. [Whipping. See summary.] 334. Henry Grafton , otherwise Taylor , was indicted for stealing a great coat, value 13 s. the property of George Birch , June 4 . Guilty . 335. Elizabeth Tolly , of St. Bride's , was indicted for stealing a shirt, a pair of hose, a handkerchief, and a tea-spoon , the property of Thomas Broomwich , March 21 . Mr. Broomwich said that he is a leather-gilder , that the Prisoner worked with him, and till this thing happened, he had a good opinion of her. Several people gave her a very good character. Acquitted . 336. Phebe Hayne , of Sepulchre's , was indicted for stealing a hat, a pair of shoes, two petticoats, four yards of dimitty, a commonprayer book, &c . the property of Richard Gunn , June 15 . It appeared, that the Prisoner nursed Mrs. Gunn in a miscarriage, and stole these things at different times. Guilty, 10 d. [Whipping. See summary.] 337. William Nicholls , was indicted for stealing nine pounds weight of brass , the property of Richard Smith , June 27 . Guilty, 10 d. The Prisoner was apprentice to Mr. Smith; and Mr. Smith said he was a very good workman, and a very ingenious boy; the Prisoner begged of Mr. Smith to take him again, but he would not agree to it. [Transportation. See summary.] 338. William Clarenbolt , of St. George, in Middlesex , was indicted for assaulting Thomas Milward , and feloniously demanding the money of the said Thomas, with an intent to rob him , May 30 . Tho Milward . I had been taking leave of some captains at the Hermitage, and as I was walking by the two sugar houses, by Well-Close-Square , about twelve o'clock at night, I was suspicious of a man that was going along in the highway; the Prisoner did not know me, and I did not know him at first, though I have drank with him many a time. I took my watch out of my fob, and put it into my coat pocket, and I was not afraid to see any body, for I had not much money in my pocket: He came up to me, and said, D - n you, Sir, your money. I struck him on the hand, run after him, and called out watch; and at the end of Neptune-Street there were two watchmen; and he said, D - n you, Sir, I am not afraid of you, if you want me, I will come up to you; and just by a warehouse, which I rent of Alderman Parsons, we seized him, and took him to the watch-house in Well Close-Square. Pris. Coun. How long have you known the Prisoner? Milward. Twenty years. Pris. Coun. Has he been evidence in any cause in which you was concerned? Milward. I owe no body any ill will. Pris. Coun. I ask you whether he has, or has not? Milward. I don't know but he may. Pris. Coun. When you called out stop thief, did not he run back towards you? Milward. I did not call out stop thief, I called out watch. Pris. Coun. What did you charge him with, when you carried him to the watch-house? Milward. I will tell you, Sir; I never knew a ropemaker hanged, and I was not willing to hang him, and I only charged him wit h an assault. Pros. Coun. Had he any weapon with him? Milward. I don't say that he had. Court. Did he demand your money of you? Milward. Yes; he said, D - n you, Sir, your money, and I struck him; he then run away, and I run after him like lightening. Prisoner. I was going along with two women, and one of them stopped to tie her garter; I said, my dear, shall I tie it for you? then I was in the highway, and Mr. Milward called after me, and said, you rogue, have I got you? and charged the watch with me; I said, Gentlemen, shall I go along with you? and I did go along with them; but he only said, that I had abused him, and assaulted him. Robert Harrison (a watchman). There was watch called in Neptune-Street, and Mr. Milward came up, and said, What is the matter? and he desired the women to charge us with the Prisoner, but they would not, and then Mr. Milward charged us to take him to the watch-house. Pris. Coun. What did he say he had done to him? Harrison. He charged him with an assault. Pris. Coun. Did the Prisoner call him by his name? Harrison. He said, What do you want with me, Mr. Milward? John Jones (a watchman). Mr. Milward would have had the two women have charged us with the Prisoner, but they would not; Mr. Milward was running after the Prisoner, and called out, Watch! Watch! and the Prisoner said, You need not call watch, for I will come to you directly. Mr. Spencer (the constable). At the watch-house, Mr. Milward charged the Prisoner with an assault, and threatening to blow out his brains. Pris. Coun. Did you see any pistol about him? Milward. He had none with him. Court. Did you see any women with the Prisoner? Milward. I did not see any women with him, as I am here standing, before God and man; he came up by himself, though these two rogues of watchmen swear so. Pris. Coun. And did not you desire any women to charge the watch with the Prisoner? Milward. No. Pris. Coun. Was you sober, or not? Milward. I was as sober as I am now. Pris. Coun. Mr. Milward's spite will appear. Mr. Touchfield call'd. Pris. Coun. Do you know Mr. Milward? Touchfield. Yes. Q. Did you ever hear him say any thing about the Prisoner? Touchfield. Nothing. Pris Coun. What is the character of the Prisoner? Touchfield. Nothing bad. Pris. Coun. Does he bear the character of a sober and industrious man? Touchfield. I know nothing tricking in him; I know him to be a man that follows his business, and does as other men do, and I believe he is an honest man. Mr. Eyres (a ropemaker). The Prisoner is a ropemaker, and a very honest man, and I hope I shall employ him again. There is a spleen in the case; he was an evidence against his son. The Prosecutor has drove him away from his work by a press-gang, and the Prisoner said he was afraid to come to work, for fear he should send him on board a man of war. I take this, upon my life, to be only spite. Thomas Webb . The Prisoner served me seven years honestly and truly, and I take him to be an honest man. George Stannard . I have known the Prisoner twenty-seven years, and he has the character of an honest man. Pris. Coun. Do you think he would do a bad thing? Stannard. No more than I think you would, or any body else. Acquitted . 339. Elizabeth Murphy , was indicted for stealing a pair of sheets, &c. the property of Elizabeth Waters , in her lodging , June 1 . Acquitted . 340. Francis Buckley , was indicted for stealing a coat, value 10 s. a jacket, value 5 s. and a quadrant, value 5 s. the property of Thomas Buckland . Guilty . [Transportation. See summary.] 341. 342. 343. Jane Hutchinson , Margaret Sutherland , and Sarah Morris , were indicted for stealing a gold ring, value 2 s. a pair of buckles, value 4 s. a lawn apron, value 4 s. a cap, value 2 s. the property of Eleanor Sands , spinster, June 17 . Eleanor Sands. My Lord, I can only say that I was robbed, and I can swear to my goods, which I had from the man in whose house I was robbed; and they owned all before the Justice of the Peace. The buckles were in my shoes, the ring upon my finger, the cap was on my head, and my apron was on. Q. Where was this done? Sands. In the house of Simon Welch ; he keeps a publick-house at Charing-Cross . Pris. Hutchinson. It is a night-house. Q. What part of the house was this done in? Sands. In a little room. Q. Did you go there to drink? Sands. It was late, and I could not get in at home, and I wanted to pass a little time away. Q. What time was it that you went there? Sands. I can't say. Q. Was you disordered in liquor then? Sands. I was not as I should be; and these good women came in, and made a property of me. I had these things when I went in, and when I walked I had not them; but who took them I don't know. When they came to sell the buckles and the ring, they quarrelled about sharing the money, and so the thing was discovered; and they said before the Justice, that Peg took the apron, and that Jane sold the buckles. Lewis Henry . I bought a ring which Mrs. Sands owns, this is the ring; I gave two shillings for it; it would not melt to eighteen-pence. Sands. That is the ring. Q. Is that the ring you had when you went into Welch's house? Sands. Yes. Benjamin Henry . I bought these silver buckles of Jane Hutchinson , and one Susannah Steele was with her, and gave her four shillings and three halfpence for them. Sands. These are my buckles. Susannah Steele . I went with Jane Hutchinson to sell a pair of silver buckles. Q. Did you know how she came by them? Steele. No, only as she told me they were given her. Simon Welch . I have known Eleanor Sands about half a year; she came that night into my house in liquor, and I put her into a little room by herself, because no other persons should come to her; for the house was full of people. Q. Were any of the Prisoners in your house then? Welch. Yes, they were all there. Q. Did you see them in the room with Eleanor Sands? Welch. Yes; she was asleep, and I did not know but they might be acquainted, and I left them in the room with her to take care of her. Q. Did Eleanor Sands complain, when she awaked, that she had lost any thing? Welch. When she awaked, about six o'clock, she said she had lost a gold ring, a pair of silver buckles, an apron, and a cap; she told me she would make me pay for them, because they were lost in my place, and about three days afterwards they quarrelled about dividing the money. Q. Were they at your house then? Welch. No. This little girl, Margaret Sutherland , came and discovered the whole affair, and wanted to be an evidence; she told me, she took the gold ring off her finger, and put a brass one on in the room of it; and she told me where the buckles were sold, and what they got for them; that the apron was sold in Westminster for fifteen pence, and I found the cap upon Sutherland's head. Sands had told me the mark that was upon it. Hutchinson also wanted to be an evidence, and they wanted to keep Morris out. They said she got no more than five pence of the money, and she denied the fact all along. John Lavers . I am regulator of the watch of St. Martin's. I was carrying a woman to Bridewell, and in walking through the Park, Jane Hutchinson told me, that Margaret Sutherland was going to swear her life away; and then they confessed the robbery that was done in the cellar, and I was with them before the Justice. Morris acquitted , Hutchinson and Sutherland guilty . [Transportation. See summary.] 344. Ann White , was indicted for stealing two blankets, a stew-pan, &c. the property of Elizabeth Waters , in her lodging , June 1 . Guilty . [Transportation. See summary.] 345, 346. Honner Higgins , and Ann Fling , otherwise Garrick , were indicted for stealing a silver watch, value 30 s. the property of Stephen Freeman , June 16 . Acquitted . 347. Elizabeth Carne , of the precinct of St. Catherine's , was indicted for stealing nine guineas, the property of Clas Fanaltena , privately from his person , June 11 . [The Prosecutor and the Prisoner being both Dutch, an interpreter was sworn. ] Q. to Clas Fanaltena. Do you know the Prisoner? Fanaltena. I know the Prisoner at the bar very well; she lives in a house, in an alley on Tower-Hill . Q. Does she keep a publick-house ? Fanaltena. She has nothing to sell; it is her own house, and she lives in it. About four weeks ago I was at her house, and she took my money out of my pocket; she took nine guineas. Q. What made you go there? Fanaltena. I came out of a publick-house, and was going to my lodging; she asked me for a pint of beer, and I went into her house; she said she had no beer, but brought two or three bottles of cyder; she asked for the money, and I gave her a guinea, but she would give me no change; and when I gave her this guinea, I had eight guineas more; I then fell asleep, and slept till about two o'clock, and she would have me pay for two bottles of cyder, or she would take my coat off. Q. When did you lose this money? Fanaltena. I lost it when I was asleep; and it is well known, to herself and the Justice, that she is the person that had it; she owned herself, that she took the money out of my pocket. Q. What language was it in? Fanaltena. In Dutch. She said before the Justice, that she took it out of my pocket. Prisoner. He has been in my company for a fortnight, and before he went to sea. How did I steal the money from you? Fanaltena. I will swear to it, and stand by it. Prisoner. He was drunk, and gave the money into my hand. I wish the devil may carry me away, if he did not give me the money. Fanaltena. I am sure I was not drunk, for I had only a share of a pot of beer, and I could drink ten before I should be touched. Q. Was not you acquainted with her before? Fanaltena. I might see her in the street, but I never was acquainted with her. Prisoner. I can bring witnesses to prove it. Mr. Barron. The Prosecutor lodges with me; and when the Prisoner was taken up, the headborough brought her to my house, and she talked good English, and she said she would give a note of hand for the money, if the Prosecutor would not carry her before the Justice, to be paid when her husband comes home. Q. What did the Prosecutor charge her with? Barron. He charged her with eight guineas, and she said she would give her hand seriven (that is a note of hand) for the money. Robert Sutton . I took up the Prisoner, and car ried her before a Justice; she owned she had eight guineas, and would pay it when her husband came home; she offered two guineas and an half down to make up the affair, and a note of hand for the remainder. Q. Can she speak English? Sutton. She can speak English as well as I can Prisoner. He came to my house every day. Q. Ask her whether she meddled with his money? Prisoner. He put the money into my hand, and he was as drunk as a hoy; he gave me the money but in the morning he repented that he gave it me, and I gave him three pounds twelve shillings back, in three guineas, and nine shillings. Q. to Fanaltena. Did you receive three guineas and nine shillings back of her? Fanaltena. I did receive three guineas and nine shillings. [The Prisoner, though she pretended at first that she could not speak English, was asked whether she could speak English, she said Yes very plain.] Guilty of the felony, and acquitted of privately stealing . [Transportation. See summary.] 348, 349. + Elizabeth Kerr , otherwise Hubbard , and William Foster , were indicted for stealing a watch, value 3 l. a chain, value 5 s. and a silver seal, value 2 s. the property of Charles Beauchamp , privately from his person . Charles Beauchamp . Last Sunday was fortnight, about two o'clock on the Sunday morning, the Prisoners took my watch, chain, and seal, out of my pocket. Q. How came they to be with you? Beauchamp. They enticed me to go to their house; I had been at the Bull-Head just by where I live in Ratcliff Highway; I staid there from four in the afternoon till half an hour after six, and staid in company with the Prisoners till eleven. Q. What condition was you in then? Beauchamp. I was not drunk, I was a little heavy headed; I said I was afraid of being locked out; she said I need not mind that, for she had a good lodging; I agreed to have a bed at her house, and paid her a shilling for it: we had a tankard of beer (I gave her six-pence, but she returned no money:) I took a drink of it, and laid down upon the bed about one in the morning. Q. Did you go to bed? Beauchamp. No, there was no bed to lie on, but a sort of a blanket: about an hour afterwards Foster came and put his hand under the blanket, and he waked me in doing it; and then he made towards his wife (that woman) the Prisoner. Q. Is she his wife? Beauchamp. He calls her his wife; and then they both went out of the room, and presently I found my watch was gone. Q. Did you attempt to lay hold of the watch when he took it from you? Beauchamp. No, then I immediately got off the bed. for I had some valuable things in my pocketbook; then he came into the room again, and threatened me, and asked me why I did not go out; and he told me he would knock me on the head if I did not go out directly. Q. Where is this house? Beauchamp. In Elbow-Lane, by Ratcliff Highway . I told him I demanded my watch or his body, and then he said he would knock me on the head if I did not go out, and he put the candle out; I told him I had a right to be there till daylight. Q. Could not you have got into the street? Beauchamp. Yes, but then he would have locked me out; and he said if I would treat him, he would help me to my watch again: I told him I would if he would let me have my watch again; and I was in the porch [he explained it afterwards to be the stair-case] and he pulled me down stairs, and I thought the street was the best place for me, for I did not know but I might have been knocked on the head. I went to George Jennings 's, to desire him to knock at the door, but he was in bed: I knocked at the door, and the Prisoner said he would stab me, and offered to strike me with a key; and a woman coming by, said, I might take him up as he had robbed me; so the Constable and I secured him, and took him to the watch-house, and he said I should never have my watch again: he was carried before Justice Berry, and he ordered him to be confined till Monday. Q. What happened then? Beauchamp. She said if I would not hurt her, I should have my watch again. Q. When was Foster carried before the Justice? Beauchamp. They were both carried before the Justice on Monday morning, and she said she took the watch off the bed. Q. That is what you know to be false? Beauchamp. Yes, to be sure. Q. Have you the watch again? Beauchamp. Mr. Gosden has the watch. Mr. Gosden produced the watch. Beauchamp. This is my watch. Q. Would you ask this witness any questions? Pris. Foster. No, my Lord, he has said too much already. Q. Have you any thing to say for yourself? Pris. Foster. I do not know, I have not been at home since I have been here. John Gosden . I keep a scavenger's cart, and live in Whitechapel Road. On Sunday was fortnight I was sitting at the house that I live at between seven and eight in the morning, and this woman came by, and said, who will buy a watch? I said if I would, she had never an one to sell; she said she had, and shewed it to me: I asked her how she came by it (for I thought she did not look like one that had come honestly by it) and she said it was her brother's. I challenged it, and she said she would trust it in my hands; I said I would keep it till I knew how she came by it: and I carried an advertisement on Sunday night, which was published on Monday morning; and the Gentleman had taken her up: she brought the Prosecutor to my house, and she said nothing to me, nor I to her. I cannot say any thing further but what the Gentleman has said. Walter Cox . I can say no more than what the other witnesses have said. Arthur Tutherly . I am the Beadle; I took the watch from Foster in the cage, and he said the Prosecutor should never have his watch again; and the woman that called me, told me the Prisoner's name was Elizabeth Kerr . Betty, said I, is the watch pawned? she said, if I would not tell any body, she would let me know where the watch was, and she carried me to Mr. Gosden's, who produced the watch. She said before the Justice, that she took the watch off the bed. Q. to Foster the Prisoner. What are you? Foster. I am a ballast-heaver . I went home on the Saturday night, to desire Betty Kerr to get some provisions for me, as she could do it better than I; for she washes, and does any thing for me: I gave her a pint of beer, and my adversary came into my company, and put his beer into my pot; I would not drink any after that, and when I went home, my key was taken away, the door was fast, and he was in my poor bed; I asked him what he did there; he said a woman brought him there; said I, I have nothing but what I pay for; he said he had lost his watch; I said, be easy, and I believe I shall find it in the morning; he said he would go and treat me at Mr. Jennings's, and there were two street-walkers came in; they said I had got the watch, and he sent me to the watch-house I was thirty-six hours in the watch-house. Q. to the Prosecutor. When you laid yourself down upon the bed, was Foster come home then? Beauchamp. No, he went for some beer. Pris. Kerr. My husband is at sea; he is at South-Carolina; I go a washing and scowering, and clean his room: The Prosecutor came by, and asked me to drink a pot of beer, and we went to Mr. Mason's, at the Bull's-Head; the Prosecutor said, Those that could not make a meal of me, ought to go to Bed supperless; the Prosecutor came and sat by me, and put his beer into my pot; I asked him what he wanted, he said he wanted a lodging, and he went home with me; he said he had no money, but he would leave a thing in my hand, which was as good as money, and we went to Jennings's, and had some punch. Prosecutor. I had nothing but beer all the day. Pris. Kerr. And after drinking drams and punch, he asked me whether he should go to bed along with me; and though I never went to bed with any body but my husband, yet he importuned me so much, that I went to bed with him; he gave me his watch, and said he would come the next morning for it, and satisfy me, and give me something for my child and myself: I kept the watch two days, and when he came for the watch I went and shewed him where it was, and then he swore a robbery against me. Q. You say you went to bed to him? Pris. Kerr. Yes, and when I found myself in bed with a man, I got up. Q. What time was that? Pris. Kerr. About two o'clock. Q. Was he asleep, or awake? Pris. Kerr. He was awake. I got out of bed, and went to my own child, and then Foster was breaking open his door to get in. Jury to Beauchamp. Did you ever say you would forgive her, if you had your watch again? Beauchamp. No. Foster acquitted , Kerr guilty of the felony, and acquitted of privately stealing. [Transportation. See summary.] 350. Ann Nicholson , was indicted for stealing a brass pot, a looking-glass, and a trevet , the property of Marmaduke Chapman . Guilty, 10 d [Whipping. See summary.] 351. Ann Pugh , was indicted for stealing a linen apron, &c . the property of Vincent Coster , Guilty, 10 d. [Transportation. See summary.] 352. John Orcut , was indicted for stealing a cane, value 5 s. the property of William Harper , April 20 . Acquitted . 353. Mary Fowles , otherwise Fowler , was indicted for stealing two pair of sheets, and four shirts, the property of John Trotter ; two shirts, the property of John Smith ; and two pair of sheets, the property of John Probham , July 7 . Guilty . [Transportation. See summary.] 354. Ann Wildish , was indicted for stealing a considerable quantity of wearing apparel, &c . the property of Sarah Cotterel , June 23 . Acquitted . 355. Ann Lewin , was indicted for stealing a pair of sheets, the property of William Tunks , in her lodging , May 18 . Guilty, 10 d. [Whipping. See summary.] 356. Susannah Smith , was indicted for stealing a sheet, two shifts, eleven handkerchiefs, an apron, and twelve caps , the property of William Shales . Guilty . [Transportation. See summary.] 357. Ann Sharpe , otherwise Sandford , otherwise Fitzgerald , was indicted for stealing a rug, a sheet, a napkin, and a key, all valued at 3 s. 7 d. the property of Sarah Finley , March 26 . 358. + Robert Cunningham , otherwise Cullingham , late of Wingfield, in the county of Suffolk , was indicted upon a suggestion, that he, the said Robert Cunningham , after the 24th day of July, 1746, to wit, on the 19th day of August, 1747, at the parish of St. Paul, Covent-Garden, in the county of Middlesex, was in due manner charged, before Thomas Burdus , Esq; one of his Majesty's Justices of the Peace for the said county, by Robert Chinnery , a creditable person, upon oath, that he, the said Robert Cunningham , with divers other persons, to the number of three or more, after the said 24th day of July, 1746, to wit, on the 5th day of September, 1746 , were assembled at Tiberton, otherwise Tiverton, in the county of Suffolk , armed with fire arms, and other offensive weapons, in order to be aiding and assisting in running, landing, and carrying away uncustomed goods, &c . And that he, the said Thomas Burdus , Esq; did forthwith, to wit, on the said 19th day of August, 1747, certify, under his hand and seal, and did return the said information to the most noble Thomas Holles , Duke of Newcastle, one of his Majesty's principal secretaries of slate, who did, as soon as conveniently could be, to wit, on the 8th day of September, 1747, lay the same before his Majesty, in his Privy-Council; and that his Majesty did, on the said 8th day of September, make an order in council, requiring, and commanding the said Robert Cunningham , otherwise Cullingham, to surrender himself, within forty days after the first publication of the said order in the London Gazette, to the Lord Chief Justice, or to one other of the Justices of the Court of King's Bench, or to any of his Majesty's Justices of the Peace; and that this order was published in the two next succeeding London Gazettes. And that, on the said 8th day of September, this order was transmitted to the sheriff of the county of Suffolk; and that the said sheriff did, within fourteen days after the receipt thereof, cause the same to be publickly proclaimed on the two next marketdays, between the hours of ten in the morning and two in the afternoon, in the publick marketplaces of Dunwich and Saxmundham, being two market towns near to the place where the offence was committed; and that the said order was fixed up in the publick market-places of the said towns of Dunwich and Saxmundham; and that the said Robert Cunningham , otherwise Cullingham, did not surrender himself according to the said order, and therefore the said Robert Cunningham is, and stands convicted, and attainted of felony; and this the attorney-general, for our said Lord the King, is willing to aver and testify, and therefore prays the Court to award execution against the Prisoner. Clerk of the Ar. Gentlemen of the Jury, the several issues contained in this suggestion the Prisoner has denied, and thereupon issue is joined, and you are to try these issues between our sovereign Lord the King, and the Prisoner at the bar. Coun. for the Crown. May it please your Lordship, and Gentlemen of the Jury, the Prisoner comes before the Court in the manner I am going to mention to you. The Legislature considering the great progress the smugglers had made, the height they were got to, and the violences they had committed, thought it necessary to suppress this practice; and in order to do that, there was an Act of Parliament made, to make it felony, without benefit of clergy, for three or more persons to be assembled together with fire arms, in order to be aiding and assisting, in running, landing, and carrying away uncustomed goods; for it was difficult to bring them to justice in the common way, by reason of the outrages they committed, and the damages they did in the country, and therefore the Legislature made an Act, that if they did surrender themselves, according to due course of law, they should have mercy, but if they put their country at defiance, and did not surrender themselves according to that Act of Parliament, they are guilty of felony; and in order to this, there are several steps, which are by that Act directed to be taken. And gentlemen, the first step is to have the fact laid before a proper Magistrate upon oath, then that is to be laid before a secretary of state; then laid before his Majesty in council; an order made by his Majesty in council, and that order to be transmitted to the sheriff of the county where the offence was committed, and is to be proclaimed on the two next market-days, at two market towns near to the place where the fact was committed, and stuck up in the publick market-places of those towns, that the Prisoner might know what his offence was; then, by that Act of Parliament, he was to surrender himself, according to the directions of the Act; but if he did not surrender himself, he was to be convicted, as if he had been convicted of felony, in point of law; and this was done, upon account of that practice, which the Government thought so prejudicial to the publick. My Lord, the Prisoner at the bar has been charged according to the directions of that Act of Parliament; he has been charged with being armed with fire arms, and assembled together, with three or more, to be aiding and assisting in running and landing uncustomed goods; and this has been laid before a proper Magistrate; and has been laid before the Duke of Newcastle, one of his Majesty's principal secretaries of state; has been laid before his Majesty in council, and an order made, and every thing has been done according to the Act of Parliament; therefore he is now, if these facts are proved, guilty of felony, and if he cannot disprove these things, he is attainted and convicted of felony; therefore it is incumbent upon us to prove these facts, and as you are a Jury according to the laws of the land, you are to try whether these facts are true, and if you find these facts, the Prisoner will have execution awarded against him, as a person attainted of felony. Second Coun. for the Crown. My Lord, and gentlemen of the Jury, I will state to you what facts are to be proved, in order to have execution awarded against the Prisoner; and these facts are contained if the suggestion, which has been opened to you, by the gentleman who spoke before me. First, That he was, on the 19th of August, 1747, charged before Thomas Burdus , Esq; one of his Majesty's Justices of the Peace, by a creditable person on oath, that he, with three or more, with fire arms, were, on the 5th of September, in the 20th year of his Majesty's reign, at Tiberton, in the county of Suffolk, concerned in running and landing uncustomed goods; this, which is the first fact, we shall prove to you by an information given before Mr. Burdus, on oath; and that Mr. Burdus did, on the nineteenth of August, 1747, certify, under his hand and seal, and returned the information to his Grace the Duke of Newcastle, one of his Majesty's principal secretaries of State; and that he did, on the 8th of September following, lay this before his Majesty in council; and upon this his Majesty made an order in council; for them to surrender themselves within forty days after the first publication of that order in the London Gazette; either to the Lord Chief Justice of the Court of King's Bench, or to one other of the Justices of the Court of King's Bench, or to one of his Majesty's Justices of the Peace. Gentlemen, the next thing to be proved, is, that this order was published in the two next succeeding London Gazettes, and we shall prove to you, that this order was published in these two London Gazettes: Then we shall prove, that, on the 8th of September, this order was transferred to the sheriff of the county of Suffolk; and that he caused this to be proclaimed at Dunwich and Saxmundham, being two market towns near to the place where the fact was committed; and we shall prove, that these two market towns are near to the place, and that this order was placed up in the market-places of those towns; and then he is to prove, that he did surrender himself; but if he did not surrender himself, gentlemen, you will find the issues for the King. [Mr. Charles Chaworth produced the information of Robert Chinnery .] Pris. Coun. Did he swear to this? Chaworth. Yes. Pris. Coun. Do you know this Chinnery? Chaworth. I should know him, if I was to see him again. Pris. Coun. Do you think you have seen him? Chaworth. I do not know. Pris. Coun. Tell me whether you have, or have not? Chaworth. I cannot. Pris. Coun. This will not bear a verdict in a civil action. Coun. for the Crown. Did he inform by the name of Robert Chinnery ? Chaworth. Yes. The information of Robert Chinnery was read. '' Robert Chinnery against Robert Cunningham '' of Wingfield, in the county of Suffolk, labourer . '' This informant faith, that Robert Cunningham , '' Morley, Brook, and others, were assembled '' together, at Feberton, otherwise Feverton, '' armed with fire arms, on the 5th of September, '' 1746, and had landed twenty hundred '' weight of tea, and eight half anchors of brandy. '' Signed '' ROBERT CHINNERY .'' Coun. for the Crown. Do you know any thing of Mr. Burdus's certifying this to the Duke of Newcastle? Choworth. Yes; I delivered it to Mr. Ward, the office-keeper at the Duke of Newcastle's office. [The certificate, under the hand and seal of Justice Burdus was read.] Mr. William Sharpe sworn. Coun. for the Crown. Do you know any thing of that information being laid before his Majesty in council? Sharpe. This information was laid before his Majesty in council, the 8th of September, 1747. Coun. for the Crown. And what was done upon that? Sharpe. I had orders to issue an order, for Robert Cunningham , and several more, to surrender themselves, within forty days after the first publication of the said order in the London Gazette, and I sent it that very night to the sheriff of Suffolk, to have it proclaimed, and put up in two market towns, near the place where the fact was committed. Coun. for the Crown. And I suppose to the printer of the London Gazette? Sharpe. Yes; I sent it to Mr. Owen, the printer of the London Gazette. [The order of council was read.] Mr. Edward Owen sworn. Coun. for the Crown. Do you publish the London Gazette? Owen. Yes. Q. Did you publish this order in the London Gazette? Owen. Yes; I published it in the two succeeding London Gazettes. Q. What days? Owen. On the 8th and 12th of September. [The order, printed in the Gazettes of the 8th and 12th of September, was read ] Mr. Charles Tisted (Under-sheriff of the county of Suffolk ). On the 9th of September last this order came to me, directed to Mr. Robert Edger, high-sheriff of the county of Suffolk, and my clerk made two copies of it, and directed them to Henry Curtis , a bailiff at Saxmundham. Pris. Coun. So you only give orders by hearsay; how did you come by them? Mr. Sharpe. I sent them by the post, and I have a letter, signed Charles Tisted , acknowledging the receipt of them. Henry Curtis sworn. Coun. for the Crown. Did you receive from Mr Tisted two copies of the order for Cunningham to surrender himself? Curtis. Yes. Coun. for the Crown. Did you proclaim them? Curtis. Yes. Q. In what towns? Curtis. The first was at Saxmundham. Q. At what hour? Curtis. Between the hours of ten and two, I believe it was. Q. What day? Curtis. On Thursday the seventeenth of September. Q. When you had proclaimed them, where did you place them? Curtis. At our whipping-post, as we call it; it is our pillory. Q. Where did you proclaim them next? Curtis. At Dunwich. Q. Is Dunwich a market town? Curtis. There is no market kept there, the sea has got it almost all. Q. When was this? Curtis. On the nineteenth of September, between the hours of ten and two. Q. Are they both market towns? Curtis. Yes, they are, and the two nearest market towns. Pris. Coun. Can you, of your own knowledge, say, that Dunwich is a market town? Curtis. I cannot, of my own knowledge. Pris. Coun. Do you know whether it is a market town, or a market-place? Curtis. The Justice of Peace told me it is a market town; it has been a corporation and a city. Pris. Coun. So has Old Sarum. Coun. for the Crown. Mr. Tisted, do you know Dunwich to be a market town? Tisted. I do not know it, of my own knowledge, for I never was there. Q. to Curtis. Do you know Dunwich to be a market town? Curtis. Only as I am told; the Justice told me it was a market town, and that the market was kept on a Saturday. There were several people there when I read the order. Pris. Coun. Mr. Curtis, you are very well acquainted, I suppose, with this country? Curtis. Yes, pretty well. I live thereabout, and have about thirty years. Q. Which is the nearest town to Benacre? Curtis. Dunwich. Q. How near is Beccles to Benacre? Curtis. About fifteen miles. Pris. Coun. It does not appear, that this is the Robert Cunningham that is meant in the indictment; for there is another Robert Cunningham , that is the Prisoner's father; and we do not know whether it is the father or the son that is meant in the indictment; besides, here is another Robert Cunningham in Court. Coun. for the Crown. You are to prove, that the Prisoner is not that Robert Cunningham , mentioned in the order of council. Pris. Coun. I can prove, that there is another Robert Cunningham of that town, with the same addition to his name as the Prisoner, and I think the Council for the King are to prove, that he is the Robert Cunningham , mentioned in the order of council. I beg leave to call my witness. Coun. for the Crown. Not in such a case as this. Mr. Tisted, how far is Dunwich from Feberton? Tisted. Three miles. Q. How far is Saxmundham from Feberton? Tisted. Five miles. Robert Cunningham sworn. Pris. Coun. Where do you live? Cunningham. I live in the next parish to Wingfield. Q. How long have you lived there? Cunningham. About twenty-three years. Q. Do you know the Prisoner? Cunningham. Yes; he kept a little farm. Q. What is his character? Cunningham. A very honest fellow. Q. Do you know another Robert Cunningham ? Cunningham. Yes. Q. Of what place? Cunningham. Of Wingfield. Q. What is he? Cunningham. A labourer. Q. Is he living? Cunningham. Yes. Coun. for the Crown. Is the Prisoner a runner of goods? Cunningham. I never heard he was, in my life. Q. Was the other Robert Cunningham a smuggler? Cunningham. I don't know that he was. Q. What place do you live at? Cunningham. At Stradford. Q. What trade are you? Cunningham. I do not come as an evidence, gentlemen, but if you have any thing to say, I have persons to my character. I came to Smithfield market. Q. Do you know Dunwich? Cunningham. No, I never was there. Q. You say there is another Robert Cunningham at Wingfield; when did you see him? Cunningham. Last Saturday. Q. Was he living then? Cunningham. Yes. Q. You have not brought the other Robert Cunningham here? Pris. Coun. No, we have not. Coun. for the Crown. It would have been very proper for you to have done it. Pris. Coun. The Prisoner is so poor, he could not be at the charge of bringing him up. Clerk of the Arraigns. Gentlemen of the Jury, do you find the issues for the King, or for the Prisoner? Jury. For the Prisoner . Coun. for the Crown. I desire, as the Jury have acquitted the Prisoner, to inform the Court, that I have another Indictment against him, and desire he may be detained; and he was accordingly ordered to remain in custody. 359. Mary Ann Lawless , of St. George, Hanover-Square , was indicted for stealing a linen waistcoat, value 2 s. 6 d. the property of Henry Taylor , July 3 . Edward Hammond *. I was coming through the Park, from Kensington , last Sunday evening, between seven and eight o'clock, and I met the Prisoner at the bar with a little child in her arms, and by the child's having good things on, and she was in a ragged condition, I did not think it was her child. * The Court commended Mr. Hammond for acting so generous and careful a part, and recommended it as an example to others; and several gentlemen expressed an intention to employ, and promote him in his business upon that account. Mr. Hammond is a glazier, and lives in Park-Street, by Grosvenor-Square. Q. What age is the child? Hammond. He was in breeches; but I do not know his age. I said, I believe that is not your child; she said, the mother of the child had lent him to her to go a begging with, as she was a poor woman out of business, and I said she should go back with me to town, and shew me the friends of the child, and if she did, I would have no more to do with her. With that I went with her, and took her into a publick-house, and would have charged a constable with her, but he would not take charge of her. I asked the child what his name was, he said his name was Thomas Taylor , and that his father was a life-guard-man, but could not tell where he lived; however, I being acquainted with several of the life-guard-men, went to one Taylor, and then another Taylor, till I found his father out; the mother came, and said he was her child, and that she did not lend him to the Prisoner. The child had a coat on, but the waistcoat was under the Prisoner's petticoat, and the child's mother said it was her child's waistcoat. I saw the waistcoat in the Prisoner's lap, and it fell down to her feet. Sarah Taylor . On Sunday last I went up to Grosvenor-Square to see a friend, and left my child with a woman in Castle-Street, where I live. Q. Did you miss the child? Taylor. Yes; and I heard my child was picked up in the Park, and was at a house in Park-Street; I went, and there was my child, and the Prisoner was there; the waistcoat was held up, and I said, that is my child's waistcoat. Guilty . [Transportation. See summary.] 360. + Joseph Dawson , otherwise Portuguese , of St. Mary, Whitechapel , was indicted for stealing ten guineas, the property of John Christopher , in the dwelling-house of the said John Dawson , June 24 . Acquitted . 361, 362, 363. + Sarah Eames , Mary Higby , and Ann Myers , were indicted for breaking and entering the dwelling-house of Thomas Skelston , about the hour of one in the night, and stealing a Holland shirt, a pair of stays, a pewter plate, a coffee-pot, a looking-glass, three brass candlesticks, a chocolate pot, a pair of snuffers, and stand, a tinder-box, and an apron, the property of Thomas Skelston ; a camlet gown, a black hat, a pair of stays, and two silk handkerchiefs, the property of Alexander Robinson , June 8 . Mary Skelston . Eames, Higby, and Myers, broke into my house last Tuesday was sev'nnight. Q. How came you to know this? Skelston. Higby and Myers confessed it. Q. What did you say to induce them to confess it? Skelston. They confessed it freely, and they said they had pawned them, and sold them; they confessed it before Justice Ricards. Q. What time did you go to bed that night? Skelston. Between eleven and twelve, and was called up between two and three; and when I got up, I missed these things. Q. How did they get in? Skelston. Ann Myers said she got in at the window, and delivered the things to Higby. Q. What sort of a window is it? Skelston. It is a pretty large sash window on the ground-floor. Q. Where do you live? Skelston. In Goodman's-Yard, in the Minories . Q. Did you leave every thing fast-at night? Skelston. Yes. Q. Is there any fastening to this sash-window? Skelston. No; there was one Mrs. Robinson and a young woman in bed, and they took Mrs. Robinson's cloaths away, and the bedclothes off the bed, but they never heard them, or knew any thing of the matter. Q. Have you got any of your things again? Skelston. I got my stays, and some other things, by their direction. Elizabeth Robinson . I was at Mrs. Skelston's house last Tuesday was sev'nnight, and she asked me to lie there, and as it was late, I lay there. Q. Is this room next the street? Robinson. No, it is next the alley. Q. Was there any thing happened to you in the night, between two and three o'clock? Robinson. I awaked, and was a cold; the clothes were taken off the bed, and the window was open; the clothes were off the bed, but they were not taken away. Q. Do not people kick the clothes off the bed in hot weather? Robinson. They may, but these were put at the other end of the room. Q. Did you see or hear any body in the room? Robinson. I did not see or hear any body; but I found that my clothes were gone, a gown, a pair of stays, and a bever hat; and I missed the brasses off the chimney-piece. Q. Were these things in the room when you went to bed? Robinson. I pulled my clothes off when I went to bed. Q. Have you found your clothes again? Robinson. This boy, who is in Court, said, if I would give him half a guinea he would tell me where the things were, but he would not tell me without half a guinea. I told him I would give half a guinea to any body, and he told me they were sold by two of the Prisoners [Higby and Myers] to one Sarah Bowers ; her name is Russel now, she is married since; and that they sold the hat and gown for six shillings. Emanuel Mills called. Q. What are you? Mills. A Christian. Q. What do you know of this matter? Mills. I was destitute of a lodging that night, and I lay at one Carrol's, in Winford-Street, and in the morning I saw these people unsold the things. Q. At whose house? Mills. At Carrol's; Higby lay there that night. Q. What things did you see there? Mills. A bever hat, two pair of stays, and a brass candlestick. Mary Higby and Ann Myers opened them. Q. How came you to be there? Mills. I had some words with my grandmother and went out; I went to bed at half an hour after ten, and they were at Carrol's then. Sarah Bowers . Ann Myers came last Friday morning, between eight and nine o'clock, and knocked me up; and I bought of her a black bever hat, a gown, and the brasses (these are the brasses); I gave her seven shillings for the brasses, four shillings for the gown, and two shillings for the hat. Q. to Myers. Did you sell any thing to this person? Myers. I sold them to her, and she knew them to be stole. Sarah Eames acquitted , Mary Higby and Ann Myers guilty of the felony, but not of the burglary . [Transportation. See summary.] 363. + John Lancaster , was indicted for stealing a pair of sheets, value 8 s. two handkerchiefs, value 4s. three half guineas, and fifty shillings in silver, &c. the property of John Smith , in his dwelling-house , June 6 . John Smith . The Prisoner lodged in my house about a fortnight before this happened, and gave me the slip, and went away. I went out that day about ten in the morning, and came home about four in the afternoon, and found the doors open, my boxes open, and rummaged, and my things gone; but one of my neighbours telling me they saw a couple of men lift another man over the pales, who by description was the Prisoner, I took him up the next morning, and had him before Justice Tall; and the corner of the handkerchief, that the things were tied up in, was hanging out of his pocket, I said that was my handkerchief, he said he had had that handkerchief several years. [The constable produced the handkerchief, which he took from the Prisoner, and said the Prisoner had six shillings and sixpence in his pocket.] Smith. This is my handkerchief, and the handkerchief that the Prisoner had. I know it by the mark, it is marked with an M. The Constable. The Prosecutor said, the Prisoner told him he had no money, and desired him to give him three halfpence for a pint of beer; he said he had bought a new pair of breeches, and had spent a good deal of money that day. Q. You did not know the money, did you? Smith. No; there were no marked pieces. He was asked how he came by the money, and he said he borrowed about half a guinea of two masters, and the Justice was so good as to let him send for his masters, but they said they did not let him have any, and that was the reason the Justice committed him; and going along, the Prisoner said, it was well for the Prosecutor that he did not come home while he was in the house, for if he had, he should have done him a mischief. Prisoner. The Prosecutor is a very hard-mouthed man. I desire to know, whether I told him I had no money? Smith. You did tell me you had no money, and asked me for a pint of beer, and I gave you a pint of beer. Elizabeth Kingston . I live in Thompson's-Rents, by London-Wall; and on the day Mr. Smith was robbed (as high as I can guess) I heard the Prisoner desire two men to lift him over the pales, and I saw him sit upon the pales. Q. Did you see his face? Kingston. I had a fight of it. Q. What time of the day was it? Kingston. About two o'clock in the afternoon; I did not trouble myself any further, for I did not think he was going to rob the house. Q. How long did he sit upon the pales? Kingston. Not long, and then I heard him jump into the yard. Q. Did you ever see the Prisoner before? Kingston. Not that I know of. Q. Is he the man that came over the pales? Kingston. To the best of my knowledge, he is the man. Prisoner. Did you see me there? Kingston. To the best of my knowledge, you are the man that sat upon the pales. Q. Do you recollect what clothes the man had on that was lifted over the pales? Kingston. He had a brown coat like Mr. Smith's, and a brown linen apron, and he was of a brown complexion. Elizabeth Atkinson . I live in Thompson's Rents, overagainst Mr. Smith's, I was coming along about the middle of the day, when Mr. Smith's house was robbed, and I saw two sailor like men lifting another over the pales, and I thought it was somebody belonging to Mr. Smith, therefore I did not much observe it, and the two men said, Folk will say we come to rob the house. Q. Do you remember the person? Atkinson. I cannot say that I do. Q. Do you remember what clothes he had on? Atkinson. He had a brown coat, and a brown linen apron. Q. What trade was the Prisoner bred to? Atkinson. He said he was bred a weaver . Q. Had the Prisoner a brown coat on when you met with him? Smith. Yes, and a linen apron. Prisoner. Pray, madam, do you know me? Atkinson. No. Prisoner. Did you see me there, madam? Atkinson. I saw two men lift another man over the pales in a brown coat, with a linen apron, but I did not observe the man. William Gitters . I know this handkerchief to be the Prosecutor's, because the Prosecutor lent it me several times; for I lodged at his house, and the constable said this is the handkerchief he took from the Prisoner. Prisoner. How long have you had that handkerchief? Smith. About four years, and this is my handkerchief. Ann Morse . I met with the Prisoner about six week ago, about four o'clock in the afternoon, and he told me he was going to buy a shirt, and asked me to go with him; and in Rag Fair there was a woman standing with a handkerchief in her hand, with a mark very much like an M, and the Prisoner bought it, and I verily believe this is the handkerchief he bought. James Grant . I was at Mr. Smith's house before the robbery was committed, and he said he had taken some things out of pawn, and was not worth five shillings in the world. I have used Mr. Smith's house. Q. What house does Mr. Smith keep? Grant. He sells a dram. Q. What business are you? Grant. I am a journeyman cheesemonger; I lived with Mr. Humphry Wright, in Whitechapel, five years, all but seven weeks, and served be hind his counter Q. to Smith. What is your business? Smith. My business is to get in small debts; ask him whether I did not get in a debt for him? Prisoner. Yes, he did. Charles Dormer . The Prisoner lived with me as an apprentice; he is a weaver, and has been out of his time about two years. Q. How did he behave? Dormer. As other lads do. Q. You seem to hesitate; did he behave well? Dormer. I never knew any thing against him. Smith. This witness said he had the Prisoner twice before a Justice. Dormer. Yes, but this was not for a felony, it was for neglect of his business, as boys will do. James Low . I have known the Prisoner eight or nine years, and lived next door to where he served his time; I never knew but he minded his business, and he is a very sober honest fellow. I could bring a great many people to his character; he kept my son company, and has gone to church several times with him. James Dormer . I have known the Prisoner six years, and never knew of any dishonesty by him in my life. Peter Dormer . I have known the Prisoner nine years; he was apprentice to my brother, and I never heard any thing amiss of him in my life; he was worked for several eminent velvet weavers. Q. to Mrs. Atkinson. What is Mr. Smith's character? Atkinson. I live by him, and never heard any thing against him; he is as civil a neighbour as any in the world. Isabella Oliver. Mr. Smith is a very civil neighbour, and a man of a very honest character. Acquitted . 365. Ann Mullins , was indicted for stealing a pair of silver shoe-buckles, a camblet gown, a petticoat, a cloth cloak, a handkerchief, a cap, a shirt, a shift, and several other wearing apparel, a thirty-six shillings piece, and fourteen shillings in silver , the property of Elizabeth Harris , July 6 . Elizabeth Harris . The Prisoner nursed me in my lying-in, and robbed me of every thing that I had, but the shift on my back. I have lain in but fifteen days to day, and was hardly able to come out; and I had not a farthing left for me nor my babe. She gave the child some stuff to sleep, and she did sleep two days, and never waked; she gave me something to sleep, and I slept all that afternoon, and the next day. Q. What time did you awake? Harris. About half an hour after two on the sixth of July. Q. Where was the nurse then? Harris. She was gone. I sent for my brother, and she was taken up the day before yesterday. James Gray . I am a constable. I took the Prisoner up on Thursday by a warrant from Justice Poulson, in a cellar facing Drury-Lane playhouse. Q. What clothes had she on? Gray. She had all the clothes on that are here; I took them off her back, and here is a ring she had on her finger. [Mr. Gray produced a stuff gown, a quilted petticoat, a cloth cloak, a ring, and several other things, which Mrs. Harris swore to be hers.] Gray. I keep a publick-house by Drury-Lane playhouse; the Prisoner was at my house the day before, very much in liquor, with a pair of silver buckles on, which the Prosecutrix owned. Jane Ledrew . The Prisoner lived servant with my mother, and five months with me, since I have been married, and always behaved well. Frances Hadey . I have known the Prisoner six years, and she went to school with me at Chelsea, but I never heard any harm of her. Mrs. Hunt. I am the Prisoner's mother-in-law; I have known her from her infancy, and she is a very honest person; I took care of her, as one of my own children, and never heard any harm of her in my life. Guilty . [Transportation. See summary.] 366, 367 Thomas Williams , and John Juggins , were indicted for stealing a handkerchief, value 8 d. the property of William Thredgold , July 1 . William Thredgold . As I was going by the Fleet-Market , last Friday was sev'nnight, between eleven and twelve at noon, my pocket was picked of 2 handkerchief, and I found it upon Thomas Williams . James Ashburne . I am servant to Mr. Mohun, a linendraper in Cheapside; I have seen these fellows pick pockets very often, and I saw Juggins take the handkerchief out of the Prosecutor's pocket. There was one Thomas Clark , a coalheaver, there, that I believe is see'd by this gang of pickpockets, who saw it done. Juggins owned that he took the handkerchief, and gave it to Williams. Thredgold. Juggins fell down on his knees, desired I would forgive him, and he would go on board a ship directly; but Williams said, if his hands were at liberty he would do for me, either by night or by day. Both guilty . [Transportation. See summary.] 368. Richard Hawkins , was indicted, for that he, after the 24th of day of June, 1731, to wit, on the 27th of May, 1748 , one hundred and seven pounds weight of lead, fixed to the dwellinghouse of John Sturgis , did rip, steal, take, and carry away , against the Statute. Acquitted . 369. Frederick Hamilton , was indicted for stealing a gold ring, value 10 s. a guinea, and two shillings and sixpence in silver , the property of Ann Peterson , widow, May 28 . Ann Peterson . On Saturday before Whitsunday the Prisoner took a gold ring, a guinea, and half a crown, out of my own lap, upon the bed in my chamber. I am but a servant , I lived at my Lord Lisburne's. Q. Had you any company in your bed-chamber? Peterson. No body, but the Prisoner and I; he came with an intent to marry me. Q. So he came with your free consent to pay his addresses to you? Peterson. I cannot say but he did, and he desired I would promise him marriage on the Saturday; for he said I might as well do that, as remain single. First he told me he was a Hampshire man, and then he told me he was an Irishman. Q. How long had he been with you? Peterson. About a quarter of an hour. Q. How did he take them? Peterson. He took them feloniously out of my lap. Q. Did you desire any body to stop him? Peterson. I did not cry out stop thief, for I did not think he would have served a person so, that he pretended to have a value for. Q. When was you to have been married? Peterson. That evening, at May-Fair Chapel. I was suspicious of his leaving me, and I went out along with him; he took me to the Red Lion in Silver-Court (I lived in Paradise-Row) and he dropped me in that strange place, and left me with one of his countrymen. Q. When did you take him? Peterson. On Whitsunday, when he was going to dine on a pigeon pye, with all his company at his lodging. Q. Had you ever been at his lodging? Peterson. Yes, once. Q. What did he say, when you took him? Peterson. He made a great many out of the way speeches, that were not agreeable, to be, and he owned he took the ring and the money. Jury. Did you make any objection, when he took the money out of your lap? Peterson. Yes, and I desired he would return it me again. Pris. Coun. Do you know Mrs. Barnes? Peterson. Yes. Q. Did not you borrow a ring of her, in order to accommodate you for your marriage? Peterson. I bought a ring of her. Q. Was not the hour six o'clock fixed upon for you to be married? Peterson. No, Sir, it was seven o'clock. Q. Did not he come to you between five and six o'clock, in order to go with you to be married? Peterson. Not with my ring. Must a person come to rob me? Gentlemen, take this into consideration. He run away before the Justice, and that looked very unhandsomely. There was one Elias Turner bid him run away, and the Justice said he would commit any body that should rescue him. Prisoner. Please to ask her what place we went to? Peterson. We went to the Red Lion, in Silver-Court, and he left Mr. Macguire with me; he said, my love, I will come to you presently; and Mr. Macguire said, He does not use you well, nor does he use me well, to leave you in this manner. Q. Consider, madam, you are upon your oath, were not all these things taken by your consent? Peterson. No, he took them, all together, out of my lap, without my consent. I was doubtful of him, because he first said he was a Hampshire man, and then he said he was an Irishman; but I was glad I missed of him. Ann Barnes . The gentleman came as a courtier to Mrs. Peterson, and he owned before the Justice that he robbed the woman. Q. Did he own he robbed the woman? Barnes. He said he took the things from her, and that he had the ring in his pocket. Q. Did he make any excuse before the Justice? Barnes. He said he got a little in liquor, and forgot it; she followed him till twelve o'clock at night, and he could not be found. Q. Did she buy a ring of you? Barnes. Yes; she bought it about a fortnight or three weeks before, and she gave me seventeen shillings for it; the Prisoner went out of my house to the Red Lion along with her, and he said, Mrs. Barnes, I will be back again immediately. Pris. Coun. Were not Mr Hamilton and Mrs. Peterson often together? Barnes. They were sometimes, there is no harm in a person's coming in an honourable way, if they come frequently; and there is nothing to the disreputation of the woman. I think it is a barbarous thing to see a person abused in this manner, and by an Irish fellow. Samuel Cracknell . I heard the Prisoner say he had the money, and own he took the ring, and that he would return it, if she would make it up. Thomas Townsend (constable). Between eleven and twelve o'clock in the morning the Prisoner was brought to me, and I had him before Justice Fraser; after he was committed, he pretended to go to make water, and run away, but I run after him, and took him again. She said before the Justice, that he had robbed her of a guinea, half a crown, and a ring, but he said she gave them to him, which she denied. Q. to Mrs. Peterson. Is that your ring? Peterson. I cannot say, because there is no mark upon it. Q. to Mrs. Barnes. Is that the ring you sold to Mrs. Peterson? Barnes. It is like mine, but there is no stamp upon it. [The Prisoner, in his defence, said she gave him the guinea and the ring, in order to their being married.] Mrs. Biggs. I live in Tyburn-Road, and keep a publick house in the Parish of St. George, Hanover-Square. I kept a house several years there. Q. Is it any sign? Biggs. It was the sign of the Bricklayers-Arms, but I put up my sign, which I had at the house I came from; which was the sign of the Red Lion, but the sign was put down. Q. Is there any sign at all? Biggs. There is no sign at all. Q. Was Mrs. Peterson ever at your house? Biggs. Yes, she was there the Saturday before Whitsunday; I believe she came about eight o'clock at night, and asked for Mr. Hamilton, and said her case was very deplorable, that she had given him a guinea and half a crown, and that she had given him a ring, that she borrowed of her landlady, in order to be married to her at May-Fair Chapel. Q. Did she say when she was to be married? Biggs. She said she was to be married that night, but that she was not married to him; she lay with the Prisoner all night at my house, and I would have turned her down stairs, or charged the watch with her. Q. It is a very extraordinary thing, that a woman should come and tell you, that she was going to be married, and yet he with he man all night; you know you are upon your oath? Biggs. I think I am not a child; I am an honest woman. Peterson. I desire she may be asked how long it is since she was cook at the Fountain-Tavern on Ludgate-Hill? William Weaver . She lived at the Fountain-Tavern on Ludgate-Hill, and at an alehouse, the Bull and Gate, by Fleet-Ditch. Q. You said you was not a child, but I believe you are old in wickedness. A Juryman. She kept a house in St. Ann's parish a little above a twelvemonth ago. Roger Kellock . I belong to the first troop of horse guards. The Prisoner was a private man in the marines, on board Admiral Anson 's ship. Pris. Coun. Has he no wound that renders him incapable of serving his country? Kellock. I believe he has a pension from Chelsea. I never heard but what he behaved well. Mr. Turner. The Prisoner is a shoemaker by trade; he lodged in one of my houses about six months, till the time he was taken up. Q. Had not he a lodging at Mrs. Bigg's? Turner. Mrs. Biggs had a lodging at my house. Q. Was it not the Bricklayers-Arms? Turner. It was about a year and a half ago. Q. Was there a sign to the house before Mrs. Biggs came to it? Turner. No, there was not. Q. Had there been any for a year, or a year and a half? Turner. I believe not. The Prisoner has been in the army and navy, and I believe he has had a pension about half a year. Richard Whittingham . I belong to the second troop of horse-guards; I have known the Prisoner five months, and never heard any thing against him. Priscilla Bryan . Mrs. Peterson said the Prisoner was a rogue, and had disappointed her, and that he should never marry a woman in England, if he did not marry her, for she would either hang him, or transport him. Guilty . [Branding. See summary.] 370. Catharine Denison , otherwise Lamler , was indicted for stealing a cotton gown, value 18 d. the property of Hester Doyle , June 19 . Guilty, 10 d. [Transportation. See summary.] 371. Daniel Cable , was indicted, for that he, on the 23d of December last, at a court of wardmote , holden (by adjournment) for the ward of Faringdon Within, for the election of commoncouncil men for that ward, for the year ensuing, before Sir Henry Marshall , Knt. alderman of the said ward (whereat Thomas Parr , Robert Stringer , James Price , Michael Martindale , Thomas Hodges , Joseph Baxter , John Brown, Edward Newman , Henry Sisson , Maurice Griffith , George Harrison , Richard Sclater , Samuel Seawell , John Patterson , Thomas Rodbard , Thomas Smith , and John Walker , were declared duly elected, and a poll was thereupon demanded by the said Richard Sclater and Michael Martindale , and by Richard Holland and Thomas Kilner , on the behalf of Jenner Swaine, one of the candidates at the said election, against the other candidates abovenamed) corruptly, and wickedly, persuaded, solicited, procured, and suborned, one John Walker , an apprentice to Benjamin Hyde , of London, butcher, to give his vote and poll at the said election, and to take the oath directed by the Act * in that behalf made, before he could be admitted to poll, and thereby wilfully, and falsely to swear, that he was a freeman of London, and an householder in that ward, although he, the said Daniel Cable , knew to the contrary , against the form of the Statute, in that case made and provided, in manifest contempt of the laws of this kingdom, to the perversion and destruction of publick justice, &c. * Statute of II George I. Coun. for the Prosecution. My Lord, I am council for the prosecution, which is against Mr. Cable, for being guilty of a crime, which the law calls subornation of perjury; and I am sorry to say, that it seems to be attended with two of the foulest circumstances that can be. In the first place it is practised upon an ignorant boy, incapable of judging for himself; and then it is upon a solemn occasion, the election of magistrates for the city of London, and the time of election of magistrates, with respect to the common-council, is a wardmote held on St. Thomas's day, within the city of London. Gentlemen, in the infancy of the city these elections were proceeded upon, and carried on with great calmness, and great impartiality; but as this city grew to be magnificent, and so large as it is, people contended for a share in the government, and it became common to make use of frauds, and other practices, in order for that purpose; and the electors could not have any thing to turn their eyes upon more proper, than to apply a remedy for this evil; for people came with false notions, and took upon themselves a right that they had not, by taking upon themselves to be freemen, when they were not; and there was a remedy made, which remedy is, that it is enacted, That upon a poll being demanded in favour of any candidate, the presiding officer at the wardmote, the alderman of the ward, or, in his absence, his deputy, shall, upon the demand of two persons of the ward, grant a poll; that there shall be clerks sworn, and the poll taken impartially; and every person is to take the strongest testimony, that can be given before man, that he has a right of election for the city of London; for he shall swear, that he is both a freeman of the city, and an householder of the ward, where he is an elector; and the wisdom of this Act of Parliament is obvious to all men; the Legislature had a view to this salutary end, that elections should be made by men of understanding, men of substance, and integrity; and if persons, who have no property to vote, are to be introduced under the names of freemen, of what consequence will this be? I would not be understood to insinuate the least imputation to any of the candidates, for in this election, the competitors on all sides were men of worth and honour; those who succeeded, and those who lost it, from their general characters, would have an abhorrence of this practice, and desire that Mr. Cable may be made an example of, if he is guilty; but I wish it more strongly, that he may make out his innocence to your satisfaction. Gentlemen, in the year 1747, according to ancient and annual custom, on the 21st of December (St. Thomas's day) the customary day of election of common-council-men, the Lord Mayor issued his orders for holding wardmotes in the city; and there was an order issued to Sir Henry Marshall , who is alderman of the ward of Faringdon Within, to hold a wardmote for the election of common-council-men for that ward, and those who had the majority of hands were declared; but Mr. Sclater, Mr. Martindale, Mr. Holland, and Mr. Kilner, demanded a poll in the behalf of Mr. Swaine, the election was adjourned over to the next day, when the alderman attended again, and ordered clerks to be sworn ( In particular Mr. Thomas Harris ) to take the poll; the poll continued that day, and was adjourned to the 23d; but whether matters run very near, or whether the zeal of people run to an unreasonable height, I cannot tell, but, as I am informed. Mr. Cable came to the election, and got hold of a poor ignorant man, so inconsiderable as an apprentice to a butcher, and one who, I am informed, Mr. Cable knew, who brought meat to his house frequently, and he advised him to go up to poll, where this boy took upon himself to be a freeman of the city, and an householder in the ward; and gentlemen, I am informed to say, that at first the boy was shocked at the thing, to pretend to be what he was not, but Mr. Cable encouraged him, and clapping him on the shoulder, he was hurried up, and took the oath, and in consequence of taking that oath he polled. Gentlemen, in such an election as this, it was not an easy thing for a boy to pass under such circumstances, for this boy was neither a freeman nor an householder, but Mr. Cable himself became sponsor for the boy, and warranted him to be as good a vote as any in London. Gentlemen, we shall call our witnesses to prove this, and I am sorry to say it, but, according to my brief, we have more witnesses than one to prove it; and if you are satisfied with the evidence, you will, no doubt, think it your duty to find a verdict for the crown, in order to put a stop to that practice, which is prejudicial to the good government of the city of London, which I think is a great guard to the liberties of Britain. William Carnthers sworn. Coun. for the Pros. Was you at the wardmote on the day of election last, St. Thomas's day? Caruthers. Yes. Q. Do you know Daniel Cable ? Caruthers. Yes. Q. Did you see John Walker there? Caruthers. Yes. Q. What is John Walker ? Caruthers. I did not know then what he was, whether he was a journeyman, or an apprentice. Q. What is this Walker? Caruthers. He is an apprentice to Mr. Hyde, a butcher. Q. Did you hear Mr. Cable apply to this Walker? Caruthers. Yes. Q. Give an account of what you heard between Mr. Cable and the boy. Caruthers. I was standing in the hall, facing the pulpit, between the two isles, when this Walker was coming up the hall; Mr. Cable spoke to him, and said, Brother Walker, what are you come to poll? I cannot tell what more he said then, but afterwards he said, D - n it, brother Walker, you have as good a poll as any body, you have a right to a single vote, and you shall go and poll for brother Walker. Q. Did you go up to the table where he polled? Caruthers. I did not go up to the table. Q. Does this Walker live near Mr. Cable? Caruthers. Mr. Cable lives in Warwick-Lane, and I believe Mr. Hyde lives in a court in Warwick-Lane; but I don't know whether he lives there now. Def. Coun. on the cross examination. What officer are you? Caruthers. I belong to St. Faith's, and am beadle of the parish. Q. What dress was this Walker in, when he came into the hall? Caruthers. He was in a dirty frock. Q. Had you any suspicion of hi m? Caruthers. I did not think it at that time. Q. What age is this boy? Caruthers. I believe he is twenty years of age, or better. Q. I ask you, whether you did not declare, that you would swear against the defendant, and he should be kept in Newgate all his life? Caruthers. Not upon this account. Q. What account then? Caruthers. No account. Q. Did not you say you would keep this man in Newgate all his life? Caruthers. I will tell you the truth; whenever he meets me, at almost every place, he calls me perjured and forsworn rascal, and all the parish will tell you, that he always used me in this manner; but I told him, if he did not hold his tongue, I would take him up. Q. What passed between Walker and him? Caruthers. Mr. Cable said, Brother Walker, are you come to poll? and he said, Brother Walker, you have as good a single poll as any body. Q. Will you take upon you to say, that he said to him, You have a right to poll? Caruthers. I have sworn it. Q. I ask you, whether the words were not, Whether he had a right to poll? Caruthers. No, he asked him, whether he was not come to poll? Q. Now I would ask you, whether he did not ask him if he had a right to poll? Caruthers. Not in my hearing. Q. How should you like it, to have a man indicted for asking another to vote for his friend? Caruthers. No, I should not like it. Q. When did you make this declaration against this Cable? Caruthers. Yesterday, in the market, when he mobbed me. Q. Did not you declare this at other times? Caruthers. Yes. Q. And did not you say you would send him to Newgate? Caruthers. Yes, I did. Q. Did not you make a declaration, that you would keep him in Newgate all his life? Caruthers. Not that I know of. Q. Did not you declare, before Mr. Newby and Mr. Leversedge, that you would keep him in Newgate all his life? Caruthers. No, I don't know that I did; I said I would send him to Newgate. Q. Do you stand by it, that you did not make such a declaration, at the Bell in Warwick-Lane. Caruthers. Not that I know of. Peter Lyne sworn. Coun. for the Pros. Do you remember the election in Faringdon ward? Lyne. Yes. Q. Do you remember the polling on the 23d of December? Lyne. I was at the polling-table. Q. Did you see Mr. Cable there? Lyne. Yes. Q. Did you see Walker there? Lyne. Yes. Q. Tell what you saw or heard between Mr. Cable and Walker? Lyne. Mr. Cable and Walker came up pretty near together, and Walker called himself a pewterer by company; and deputy Sclater made an objection, and said he did not know such a man in the ward, then Mr. Cable clapped his hand upon Walker's back, and said he believed he was a good poll. Def. Coun. on the cross examination. You say, he said he believed he was a good poll? Lyne. I believe he said he was a good poll. Q. Was this before or after he had polled? Lyne. After he had polled. Q. Did he bring Walker up, or take hold of him? Lyne. They came up together, but I did not see him touch him. Q. Did not you apply to this Walker in order to be a witness to swear in this cause? Lyne. No, I only went to him to be examined. Q. To be examined for what? Lyne. To be examined by Mr. Robinson the attorney. Q. Did you ask him, whether Mr. Cable persuaded him to do this, or that, or the other? Lyne. I desired him to tell nothing but the truth, but to be sure to tell the truth, and nothing but the truth. Q. You did not hear Mr. Cable say any thing till after he had polled? Lyne. I told you I did not hear him say any thing till after he had polled. Deputy Sclater sworn. Coun. for the Pros. What do you know of this election? Sclater. I came here out of curiosity, I did not think of being an evidence, but as I am call'd, I will tell you the truth as far as I know. The Defendant met this fellow the butcher in the middle of the Hall, and after he had talked with Mr. Cable some time, he came to the poll book, and Mr. Cable had hold of Mr. Walker under the arm; and towards the close of a poll, every body have their eyes upon the persons that come to poll; I saw his name in the book, and said, I do not believe there was any such person in the Ward; and I remember the Alderman's saying, if he would take the oath, he could not refuse his polling; and upon that Mr. Cable clapped him on the shoulder, and said, he was as good a vote as any in England. Def. Coun. This was after he had polled? Sclater. Yes. Mr. Holland sworn. Coun. for the pros. Give an account what you know of this? Holland. Walker came up to poll, and Alderman Marshall said, if he would swear, he could not refuse his poll. Coun. for the pros. Call John Walker . Coun. for the Def. My Lord, I think he cannot be a witness, for he appears upon the face of this record to be guilty of wilful and corrupt perjury, for he went voluntarily and swore he was a freeman and an housholder, and now he is to swear directly the contrary, and he must one way or other be guilty of wilful and corrupt perjury, for they are diametrically opposite; and if he had been convicted of perjury, he could not be a witness, because the King cannot restore a person to the credit he had before: and I think there is as much reason for his not being admitted a witness, as if the record of his conviction had been produced in Court; and as to a person's being admitted an evidence who owns he is perjur'd, I cannot see; I never knew it, and for that reason I hope such a president will not be introduced, to admit a person who has been guilty of perjury, to swear against another, when his conscience ought to have flown in his face, and have prevented him. I have taken pains to find out, whether ever any man was admitted to give evidence in a case of subornation of perjury, that was guilty of perjury himself; I never knew it in my life, and I hope he will not be admitted. The second Council for the Defendant argued, that if this person, who has owned himself to be guilty of perjury, should be admitted to give evidence, it would be attended with the greatest inconveniences that could be; and hoped that this would be taken to be as strong an evidence of perjury, as if the record of his conviction had been produced: and that this prosecution was bolstered up to convict a Gentleman of subornation of perjury, of as good a character as any man in the City of London; and that there never was an instance of any person, who has been guilty of such a crime, of being admitted an evidence in a case of this nature, &c. This was likewise argued in a full manner by the Council for the prosecution, when many cases were cited, and a reply made by the Council for the Defendant; after which John Walker was admitted to give evidence. Benjamin Hyde sworn. Q. Do you know John Walker ? Hyde. He is my apprentice. Coun. for the Pros. What are you? Hyde. I am a butcher by trade, and a pewterer by company; Walker has been gone from me ever since Christmas day. Q. Do you know any thing relating to Walker on the 23d of December last? Hyde. I sent him with three pounds of suet to a customer, and desired him to make haste back, but he did not, and I found him in the Market, and did not know any thing of what had happened: people reflected upon me for this thing, and I would not take him again. Q. Did Mr. Cable live over-against you? Hyde. No, I live in Crown Court, and he lives in Warwick-Lane. Coun. for the Pros. How long has Walker got to serve? Hyde. About two years. Q. Is not he twenty four years of age? Hyde. I believe he is about twenty two. Q. What character does Mr. Cable bear? Hyde. A very good one, I never heard any body give him a bad one. John Walker sworn. Coun. for the Pris. Was you on the 23d of December at the Blue Coat Hall? Walker. Yes. Q. Who did you see there? Walker. I saw Mr. Caruthers and Mr. Cable. Q. Had you any conversation with Mr. Cable? Walker. I was gazing about, and Mr. Cable took hold of me, and asked me, if I would not go and vote; I said, I have no right to vote; and he took me hold by the waist, and said, D - n you, brother Walker, you shall go and take a single vote, for you have as good a right to vote as any body. Q. This was after you told him you had no right to vote? Walker. Yes. Q. What then? Walker. He led me up to the table. Q. Did you go readily? Walker. I did not know the way to it, but as his hand was round me, he went up with me. Q. And was not you unwilling to go? Walker. Yes, but he swore, D - n me, I should. Q. You said he forced you? Def. Coun. He did not say that word. Coun. for the Pros. Would you have voted, if he had not spoke to you in this manner? Walker. No, I never had any thought of it, but only his being a neighbour I went up with him. Q. What company are you free of? Walker. I mentioned the pewterer's company, but I did not know what I said. Q. How came you to mention the pewterer's company? Walker. Because I was bound to it, but I was not free of it. Thomas Harris sworn. Coun. for the Pros. Did not you take the poll for Common Council-men for Faringdon Ward on the 23d of December last? Harris. Yes. Q. Did John Walker poll then? Harris. Yes, he came and took the usual oath, and I asked him who he polled for, and he said for John Walker only. Coun. for the Def. May it please your Lordship, and Gentlemen of the Jury, I am council for the Defendant, Mr. Cable; against whom there is a very heavy accusation, of doing a thing which is of a pernicious nature, and attended with very ill consequences, and whoever is guilty of it, must remain eternally infamous, till he comes to his grave. I hope these instances are not frequent; and I hope no man is so wicked, as, in the face of the world, (though it is as wicked in private) to suborn a person to commit perjury; all innocent and honest men ought to be aware of such an act, as having a tendency to destroy the good government of such a famous city, for I have a detestation of such things; and I am against bringing persons into offices, who are not fit for them, as having a tendency to the ill government of this city. It was very well that the Legislature interfered in this case, and the living Magistrates are testimonies against this practice, and I hope they will be so to the last of times; I do not doubt their integrity, and hope this will never be overthrown. This is an Act of Parliament, made to prevent cases of this nature, and not only for the punishment of the crime; but I hope you will think, that there was no crime committed in this case. It was opened, that the boy was shocked at it, if he had, he would not have done it; but I would not ask him the question, for I would not give him any credit; and if you, Gentlemen, are of opinion with me, I would not convict a dog upon his testimony; for must a man's reputation be impeached, and he liable to be convicted of subornation of perjury, upon the evidence of this infamous fellow? I hope the Court will excuse me in saying so. My Lord, this evidence seems, for it must be taken all together, not to amount to a proof of subornation of perjury. What the witnesses have said, I will recollect as well as I can, and I hope I shall not err. This gentleman never saw the fellow, till he came into the hall, and had laid down his tray. One of the gentlemen on the other side calls him an ignorant boy; look at him, Gentlemen, no body would take him to be the babe he is represented to be, for he is twenty-two years of age. Then they say, Mr. Cable knew that he was not a freeman. I should have thought it as reasonable to suppose, that Mr. Cable could, by looking in the boy's face, know what money he had in his pocket. But the most of the thing lies here, knowing that he was not a freeman How should I know he was not a freeman? he might be in partnership with his master, for what I know, and live with his master. Then they say, Mr. Cable shook hands with him, and says, he hopes he will poll for this person, or that person, or the other person. This is a barbarous doctrine, to call this subornation of perjury: Who would meddle with elections, if this is the case? great is the danger, great is the inconvenience. But, Gentlemen, if you suffer this, you are making a rod to whip all the honest voters in the kingdom; for if a man comes, and swears falsely, then what has he to do? why he comes, and says this man induced me to do it; and a man, that has the best interest, is liable to suffer most upon these occasions; but, Gentlemen, suppose you should give credit to him ( though as I give no credit to him, I hope you will not; especially as you have heard what the other witnesses have said. Is it reasonable to suppose, that a man, in an open hall, where every body must know what he said, would do this?) is every person to be punished under this Act of Parliament for asking another to vote? No, Gentlemen, there must be something more than the bare asking a man to vote. The Act says, If any person shall corrupt, or suborn any person, &c. I, with great submission to the honourable Bench, say, that it is bribery and reward, that tempts people to forswear themselves; therefore it must be something more, under this Act of Parliament, than bare asking a man, that makes it subornation of perjury; for no body can suppose, that any body would come there, without they have a right, and Mr. Cable would not have asked him, if he had known that he had not been a freeman, and an householder. Has there been the least evidence, that Mr. Cable knew that he was not I be, with all his wickedness does not swear a word of this. Think, Gentlemen, again for yourselves and your fellow-citizens, whether this will amount to such an offence as subornation of perjury. Then comes Mr. Caruthers, and he seems to be very angry; he is willing to go as far as he can, but he does not make use of any expression that he heard any words come out of Mr. Cable's mouth sufficient to convict him of the crime; but at last he says, he told the boy he had as good a vote as any body; and Mr. Cable must have been a most abandoned wretch to have asked him, if he had known he was disqualified from voting. Peter Line says, that Mr. Cable said he believed he was a good vote: I have heard of people that have been thought to be very good votes, who have been rejected five hundred times in the City of London. My Lord, I will trespass a few words more; I hope by the boy's evidence, we shall establish the character of that Gentleman, as a person incapable of being guilty of any under-hand practice, much less that he should be guilty of a crime of this nature. We shall shew, that he has in all cases in life, acted with the greatest integrity; and I hope it will never be suspected, that a man, who has always behaved well, will jump into the jaws of destruction (which is open before them) to eternity, and D - n them both. Gentlemen, I don't find there was any benefit or reward accruing from this; it is hard and unreasonable to suppose, that a man for nothing at all, should be guilty of this. Can this gain belief with any body? Gentlemen, We shall call our witnesses to the Prisoner's character, and the character of the boy: this is the defence we shall make, and I hope for the sake of him, and all honest men, that you will not find a verdict against the Prisoner. Second Coun. for the Def. My Lord and Gentlemen of the Jury, I beg a few words in favour of the Prisoner: the crime that he stands indicted for is the greatest crime that can be committed; and I do say, that all elections of Magistrates should be without biass; and it is necessary, that prosecutions should be set on foot for the sake of publick justice, and to punish the criminal; but this should not be done out of partiality or malice, to punish a person, who, as far as I can see, cannot be guilty of this crime. And Gentlemen, the indictment against the Defendant, Daniel Cable , is, that he wickedly and corruptly did persuade, sollicit, procure and suborn John Walker to swear, that he was a freeman of London, and an householder of the ward; and I must say, that, notwithstanding the rought, they have not said a word that he is not a freeman, or an householder; which I take to be the offence of the indictment, and therefore I hope the Court will not proceed any further. And, Gentlemen, I beg leave to take notice, that Mr. Cable is an inhabitant of the city of London, he has been for twenty years a householder, and for the space of ten years has carried on a flourishing trade, and reckoned to be as honest a man as any in the city of London, till he fell under this imputation. Gentlemen, he is by business a chocolate-maker, has by this lost his business, and is now almost undone; and if he is entirely innocent, hard is the fate of the man, that he should be ruined, and lose all his fortune in the world. They have brought several witnesses to prove this indictment, but there is not one witness that has proved it. One of the witnesses is so infamous a fellow, that he is not worth any regard; as to another, he shews the most inveterate malice; for it appears, he has declared that he would keep this unhappy man in Newgate all his life. What rancour must this be! Therefore this does not seem to be a thing done for the sake of publick justice, but set on foot out of malice and spleen, and for the sake of rancour, and not for the benefit of the city of London. Gentlemen, is there any evidence that he knew this man not to be a freeman and an householder? Is there any evidence, that he bid this man say that he was a freeman and an householder? Is there any evidence to shew, that he said he was a freeman? If there is no evidence of this, what are you to try? why, that thi s was from a wicked and corrupt procurement, that this man was induced to do this; but as infamous as he is, he has not sworn any such thing. What have their witnesses sworn? One of them says, that Mr. Cable clapped him on the back, and said he had a good vote; but did he procure him to swear? Gentlemen, what crime this is, I am at a loss to know upon this evidence; and I dare say, that the Gentlemen on the other side will give it up, for I must say, that they have not proved any title of this indictment; and then they bring up the rear with a person, who has been guilty of a crime so atrocious as perjury; and I cannot represent the inconveniency of this to be bad enough, that this man should come to prove a fact of this nature, and which fact he has not proved. He says, Mr. Cable said that he should take a single vote, for he had as good a vote as any body there; but there is nothing said of telling him of swearing that he is a freeman, and an householder; he has not proved, that Mr. Cable induced him to swear any thing of that, and Mr. Hyde, the master of this boy, says, he does not think that Mr. Cable was acquainted with this man. Gentlemen, this infamous fellow went into Newgate-Market, and said among the butchers, You are all a parcel of scoundrels, I am a gentleman, and have been voting for my namesake, Mr. Walker. Now, Gentlemen, this is all they have proved against the Defendant, who is a freeman of the city of London, and an householder; with all their learned arguments, with all their flourishing, and great ingenuity, Gentlemen, we shall call our witnesses, and prove him to be a man of the greatest integrity and honour that can be; and give me leave to say, that this prosecution is set on foot out of spleen and malice, and not for the sake of publick justice; therefore I hope you will find the Prisoner not guilty. The Prisoner's defence. George Pope sworn. Def. Coun. What do you know of this boy? Pope. I have known this boy some time, and he used to smoke his pipe, and keep company, and I took him to be a journeyman to his master. Q. Do you know Mr. Cable? Pope. Yes, he is a very honest man, and pays every body very well, and is a man of great reputation. Q. From you knowledge of him, do you think him to be a person capable of such an offence? Pope. No, I verily believe him to be innocent. Q. What age is John Walker ? Pope. I believe he is about twenty five years of age. Dorrington sworn. Def. Coun. Do you know this John Walker ? Dorrington. I delivered out bills to the persons who went to poll, and Walker came and looked on; he came and asked me to hold his tray, and then he came and told me that Mr. Cable had asked him to poll; that is all I know. Q. Did Walker come on his own accord? Dorrington. Yes. Q. Was he by himself, or was Mr. Cable with him? Dorrington. No, he was not with him when he spoke those words to me. Q. I ask you, whether he came into the Hall upon his own accord? and was any body with him when he went up to poll? Dorrington. I saw him come in, and there was no body with him then; and I did not see any body go up with him to the polling-place. John Brett sworn Def. Coun. Do you remember this fellow's coming into the Market on the 23d of December? Brett. I saw him come into the market, and he said he had been polling for Common Council-men. Q. Did he say it in a bragging way, or in what manner? Brett. He did not say it in any other way, only that he had been polling. Q. Did he say any thing of any butcher being a scoundrel? Brett. I did not hear him say any thing of that. John Higgins sworn. Def. Pris. What did you hear John Walker say with respect to his coming to swear against Mr. Cable? Higgins. I did not hear any thing said of that. Def. Coun. Did you hear him say any thing about being paid? Q. You should not lead him. Def. Coun. What did he say? Higgins. He said the Common Council told him he should not come to any damage about this. Mr. Wilson sworn. Mr. Wilson. I have known the Prisoner eleven years. Def. Coun. Do you think he is a person that would be guilty of subornation of perjury? Wilson. I believe not, for he has worked for me as a chocolate-maker almost a dozen years, and if I had thought he was such a person, I would not have employed him. Mr. Grimstead. I have known him twenty years, and he is a man of a good character, and I hope he would not be guilty of any such thing as that; he is apt to drink now and then, and especially at elections, and he will get drunk. Q. I hope they will not indict him for that; do you think he would be guilty of perjury? Grimstead. No, I believe not. Peter Thompson . I have known Mr. Cable above twenty years. Def. Coun. What character has he born in the world? Thompson. Always a very good one, and he is a very honest man. Q. Do you think he would be guilty of such a crime as subornation of perjury? Thompson. I can't harbour any such thing. Mrs. Pitts. I have known Mr. Cable six years, he was apprentice to my served him, seven years, and I years as a journeyman, and then he himself. Def. Coun. Is he an honest man? Pitts. Yes, I believe so, I have found to the contrary. Q. But do you think he would be guilty of the ornation of perjury? Pitts. Far from it. Mr. Berwick. I know the Prisoner, he is a very honest man. Def. Coun. Do you think he would be guilty of subornation of perjury? Berwick. I don't think he would. Mr. Lodge. I have known the Prisoner upwards of twenty years. Def. Coun. What is his character? Lodge. He has a very honest character. Q. Do you think he would be guilty of subornation of perjury? Lodge. No, I am very sure he would not. Mr. Hinton. I have known him several years, and he has a very good character. Def. Coun. Do you think he would be guilty of subornation of perjury? Hinton. No, I don't think any thing of it. Mr. Kemp. I have known him fourteen years, and have dealt with him eleven years. Def. Coun, Is he a man of an honest character? Kemp. I believe no body has a better. Mr. Figes. The Prisoner is a very honest man, he is apt to drink a little now and then. Mr. Phillips. The Prisoner is a man of a very good character. Def. Coun. Have you any reason to think he would be guilty of subornation of perjury? Phillips. None at all. Mr. Figes was called again. Def. Coun. Do you know any thing of the poll? Figes. I was there at the election at the polling-table, and Walker was in a white frock, and the Deputy made an objection against him, and said, I believe this fellow has not a right to poll; and he asked who brought him up, and somebody said he believed Mr. Cable did. Q. Was any body with him? Figes. No. Q. Did he go up and poll by himself? Figes. Yes, he went up by himself; and I said to Mr. Cable, did you bring this man in to poll? he said no, he knew nothing of it. Q. Did this Walker come to poll by himself are you sure? Figes. Yes, he did. Court. You say you asked Cable whether he brought this Walker to poll; after he had polled, what was the reason of your asking him that? Figes. Because the Deputy had made an objection against him. Court. How came you to fix upon Cable as the man carried him up to poll? Figes. Because some persons said they believ'd Mr. Cable did. Ri illis. I have known the Prisoner eight years, is as honest a man as any in the world. I saw Caruthers the Parish Beadle (I live in St Paul's Church Yard ) and he said it was in his power to put him into Newgate, and he believed, to keep him there for his life: I asked him his reasons for that, and he said that was best known to himself. John Marriot . The Prisoner has as good a character as any man at all. Def. Coun. Do you think he would forswear himself? Marriot. Very far from it. Mr. Matthews. I have known the Prisoner seven years, and he has the character of a very honest man. Def. Coun. Do you think he would be guilty of any such thing as he is charged with? Matthews. I don't think he would. Mr. Leversedge. I have known Mr. Cable about four years, I live facing him. Def. Coun. What character does he bear in the neighbourhood? Leversedge. He is a very honest man. I was going along on Saturday morning thro' the Market, and the Beadle said to Mr. Cable, I will lay you a guinea I keep you in Newgate as long as you live. Def. Coun. This is a worthy honest friend. The Jury withdrew for a short time, and brought in their verdict, Not Guilty . John Powel and Thomas Stevens were sworn on the trial of Cable, in the room of Jacob I live, and another Juryman, who were absent. 372. + Ann Waring , was indicted for breaking, and entering the dwelling-house of Thomas Simpkin , about the hour of ten in the night, and stealing a pair of mens shoes, value 5 s. his property , June 8 . Acquitted of the burglary, guilty of the felony . [Transportation. See summary.] 373, 374. John Robinson , and John Lewis , of St. Botolph, Aldgate , in the liberty of the Tower of London, were indicted for stealing a dunghill-cock, value 8 d. and two hens, value 2 s. the property of Richard Dust , June 10 . Acquitted . 375. Mary May , otherwise Cross , otherwise Darby , was indicted for stealing a camlet gown, value 20 s. a petticoat, value 18 s. a cloth cloak, value 10 s. 6 d. &c . the property of George Lyon , May 9 . Guilty, 4 s. 10 d. [Transportation. See summary.] 376. William Chittam , otherwise Samuel Chittam , [the noted boxer ] was indicted for stealing two silk handkerchiefs, five linen handkerchiefs, two cambrick handkerchiefs, one pair of ruffles, two pair of sleeves, a napkin, eight caps, and a towel, the property of John Gibson ; and a cap, a handkerchief, a pair of ruffles, and an apron, the property of Penelope Lynch , May 28 . Guilty . [Transportation. See summary.] 377. Mary Sale , was indicted for stealing a parcel of wearing apparel, &c . the property of Edward Perkins , Sidney Cannon , and Elizabeth Wortington , Feb. 3 . Guilty . [Transportation. See summary.] 378. William Boulter , was indicted for stealing a baragon coat, and a pair of breeches, &c . the property of John Sowden , June 2 . Guilty, 10 d. [Transportation. See summary.] 379. + Catharine Bourne , was indicted for breaking and entering the dwelling-house of William Simpson , about the hour of two in the night, and stealing two silver spoons, a ham of bacon, a table-cloth, two pewter dishes, and one hundred and eight glass bottles, the property of William Simpson , in his dwelling-house ; and 380. Thomas Condron , for receiving a ham of bacon, and two pewter plates, part of the said goods, knowing them to be stolen , June 12 . Bourne acquitted of the burglary, guilty of the felony . Condron guilty . [Transportation. See summary.] The Trials being ended, the Court proceeded to give Judgment as follows. Received sentence of Transportation for 14 years, 1. Thomas Condron . Transportation for 7 Years, 32. William Boulter 378 Catharine Bourne 379 Francis Buckley 344 Catharine Campbell 324 Elizabeth Carne 343 William Chittam 376 William Collins 325 Fergus Crone 326 Catharine Denison 370 Mary Fowles 353 Henry Grafton 334 Elizabeth Haymour 322 Mary Higby 362 Jane Hutchinson 345 Margaret Sutherland 346 Ann Waring 372 John Juggins 367 Elizabeth Kerr 348 Mary Ann Lawless 359 John Levally 319 Mary May 375 Ann Mullins 365 Ann Myers 363 William Nicholls 337 Rebecca Portore 317 Ann Pugh 351 Mary Sale 377 Joseph Sanders 323 Susannah Smith 356 John Strong 316 Ann White 340 Thomas Williams 366 Branded in the Hand, 2. John Collins , otherwise Collings 328 Frederick Hamilton 369 Whipped, 4. Phebe Hayne 336 Peter Herba 333 Ann Lewin 355 Ann Nicholson 350

OBP

17480706

17681019

In the Eighth Year of His MAJESTY's Reign. Being the Eighth SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE THOMAS HARLEY , LORD MAYOR of the CITY of LONDON. NUMBER VIII. PART I. LONDON, Printed for J. WILKIE, at the Bible, in St. Paul's Church-Yard. [Price Six-Pence.] THE WHOLE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of LONDON, &c. Before the Right Hon. THOMAS HARLEY , Lord Mayor of the City of London, the Right Hon. WILLIAM Lord MANSFIELD , Lord Chief Justice of his Majesty's Court of King's Bench *; the Hon. Sir SYDNEY STAFFORD SMYTHE, Knt. one of the Barons of his Majesty's Court of Exchequer +; the Hon. HENRY BATHURST , one of his Majesty's Justices of the Court of Common Pleas ||; JAMES EYRE , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer of the said City and County. N. B. The characters * + || ++ direct to the judge by whom the prisoner was tried; (L.) (M.) by what jury. LONDON JURY. Christop Stedman , Will Galbreath , George Downing , John Harbridge , William Cafe , Robert Cope , John Smith , Philip Taylor , Hugh Innes , John Pond , William Stock , Henry Sturdy . MIDDLESEX JURY. Joseph Walker , John Bartholomew , Edmund Goodman , Will Fillingham , Daniel Wells , John Payne , Tho Bradshaw , Luke Alder , Robert Garey , John Glover , Joseph Langfer , Edward Cale . 591. (M.) John Davis was indicted for breaking and entering the dwelling-house of John Davenport , on the 10th of October , about the hour of twelve in the night, with intent the goods of the said John to steal . ++ John Davenport . I am a poulterer , I live in Tyler's-court, Carnaby-market ; I went to bed on Old Michaelmas day at night, my wife came to bed about half an hour after; the watchman alarmed the house about twelve, and said the house was broke open; I got up, the prisoner was secured, and my shop was shut up again before I came down. John Curtis . I am a watchman; when I went my rounds about ten that night, I tried the pin of the window, as is my constant method, I found it fast; I tried it again also at eleven, and found it the same; when I came by again about twelve, I found the window-shutter was drawn three parts open, as far as it could hang without falling down; I looked in, and saw the prisoner standing upright in the shop; I asked him what business he had there; he said, d - n you, what is that to you; I said, you have no business there; he said, I am waiting for my master, he is at the masquerade, and will be here in a minute or two; I said, the masquerade is not kept here; I alarmed the people, he rolled himself down on the board, and lay as if he was asleep; the prosecutor's servant came down, and gave me charge of him. Thomas Pratt . I am servant to Mr. Davenport, I lie in the house, I was alarmed by the watchman; I came down, and found the prisoner in the shop, he was lying on the board as if asleep; I said, halloo, what business have you here; he said, what is that to you; I opened the door, and gave the watchman and another man charge of him; I took up the bar of the window and the pin in the court, and put up the shutter, and fastened it, and then went up and told my master; then we took the prisoner away. Q. How do you think the prisoner got in? Pratt. The pin of the window is a square pin, it could not be turned round; there are a couple of iron bars above to let in air; we found by my master's trying a man might put in his hand there, and reach down and unkey the bar of the window; we did not think it could have been done till my master tried. John Crowther . I am servant to Mr. Davenport, I shut up the shop over night, about half an hour after nine, I put the bars up, and keyed the windows both. Prisoner's defence. That night the masquerade was I was drinking with an acquaintance; I lodge in Gray's-inn-lane; I was coming by, I have a sister lives in Carnaby-market, I could not get in; I saw this shop-window open, and a light in it; I got in, and lay down to sleep, I did not know whether it was a fishmonger's shop or what; I am not certain what I said to the watchman; I did live with Mr. Howard at Richmond, but have been out of place two months. Q. to Curtis. Was the prisoner drunk or sober? Curtis. He was quite sober, neither did he then pretend to be drunk. Q. Was there a light in the shop? Curtis. There was a lamp burning in the shop, which they left burning, and it had not gone out. Guilty. Death . Recommended . 592. (L.) George Duvall was indicted for stealing a linen handkerchief, value 10 d. the property of William Herbert , October 1 . ++ William Herbert . On Saturday night, between nine and ten o'clock, the 1 st of October, going along the Poultry towards Aldgate. I felt something at my pocket; I put my hand down, and missed my handkerchief; the prisoner was on that side; I turned and saw him drop it, there was no body near me but him; I seized him, and took it up. The prisoner said nothing in his defence. Guilty . W . 593. (M.) Elizabeth Bowman , spinster , was indicted for stealing a silk gown, value 20 s. a linen cap and hood, value 2 s. a linen handkerchief laced with thread-lace, value 1 s. a pair of silk glove knots, value 1 s. and a silk handkerchief, value 2 s. the property of Edward Bowman , Aug. 16 . ++ Edward Bowman . I live at Waldon . Q. Is the prisoner related to you? Bowman. Not as I know of; she was my servant , I discharged her for leaving my house door open on the 12th of August, when she was left in care of the house; after she was gone I had reason to suspect she had robbed me; she called upon me the Monday following for her wages; I told her the things should be looked over, to see all was right, and she might come the latter end of the week; on the Tuesday the things (mentioning them by name) laid in the indictment, were brought home; then there were them, and several other things missing; she came again about three weeks after, and I took her up. Elizabeth Purlin . The prisoner came to me between nine and ten at night on the Monday night, and left this bundle (producing the things mentioned) and said she had taken them away by mistake, and desired I would carry them to the prosecutor, which I did the next morning; I wash for the prosecutor. Acquitted . 594. (M.) Elizabeth Crees , otherwise Creese , spinster , was indicted for stealing a silver watch, value 3 l. the property of William Davis , September 5 . + William Davis . I was a little in liquor, and was in a place called the Almonry ; there were two or three women came about me, and asked me to give them some beer; I called for some, I was sitting at a door; when I went to go away I missed my watch; the next morning I was told the prisoner was offering a watch to sell, of the name and number of mine. Q. Did you see the prisoner over night? Davis. I do not remember I did, I saw her before the Justice; there she said, if she had leave she would go and shew me where it was pawned; she did, it was at Mr. James's, a pawnbroker in Glass-house-street. William James . The prisoner pledged this watch (produced and deposed to by prosecutor) with me, on the 5th of September, in the name of William Rice ; she said it belonged to one of that name that she was nursing, and that he lived in Swallow-street. Prisoner's defence. I lived two or three years at Robert Scot 's at Westminster; a girl that works plain-work for one of my masters, came and desired I would go and pledge this watch, which I did, and delivered the money to her; the man has taken no pains to take her, her name is Nanny, I do not know her other name; she bid me put it in the name of William Rice . Acquitted . 595. (M.) John Urquhart , otherwise Richards , was indicted for that he, on the King's highway, on Francis Piggott did make an assault, putting him in corporal fear and danger of his life, and taking from his person a green silk purse, value 3 d. two half guineas, one shilling in silver, a gold watch, value 8 l. and two cornelian seals set in gold, value 20 s. his property, and against his will , Sept. 15 . + Francis Piggott . I am a physician , and live at Colchester; I was returning from Winchester in a post chaise on the 15th of September, having been at Reading to fetch a daughter; I was stopped by two men on horseback, a little on this side of Cranford-bridge , about a quarter past six in the evening, as near as I can recollect; I am very sure the prisoner was one of the two men; he asked for my watch; I said, I had none; he said, in a very tender manner, I believe you have a watch; then he hesitated a little, and said, you, have a watch; I had taken it out of my pocket just before; he said, give it me quick, quick, looking me in the face, and I looked in his; I delivered it to him; he took also from me two half guineas, and a King Edward the VIth's shilling; then they went off seemingly towards Maidenhead; I spoke to the driver to go on quick, the driver said he could not, his horses were tired; then I thought it not expedient to go for London that night, I having a brother at Richmond I went to advise with him; the next morning, being Friday, I came to Sir John Fielding , and told him of the robbery; I came up to Sir John, he told me a man had been with a watch case to Mr. Stevenson, but Mr. Stevenson had been negligent, and let him go; I think the prisoner was taken the Monday following; I went home, and then had word the man was taken; I came up, and as soon as I saw him at Sir John Fielding 's I knew him. Benjamin Stevenson . On the 19th of September the prisoner brought me a watch-case, to ask the value of it; I stopped it, we having received a warning bill from Sir John Fielding of a gold watch being lost; this only being the case, I was fearful whether I could be justified in stopping the man, not knowing it the same as described, for want of the name and number of the watch (the case produced and deposed to by the prosecutor.) Frank Rochford . On the 17th of September I took in a gold seal of a man that went by the name of James Richards , I cannot say this is the man. Piggott. That evidence said before the magistrate, the prisoner has been backwards and forwards with him often, and now he says he does not know him. Q. to Rochford. Did you ever see the man that brought the gold seal to you before that time? Rochford. I cannot take upon me to say this is the man, there was a man that had pawned things in that name several times before, but I cannot say this is the man (the seal produced and deposed to by prosecutor.) Christopher Curle . The prisoner pledged a gold seal with me on the 17th of September, I knew him some time before (produced and deposed to by prosecutor.) Prisoner's defence. What can I say, when you do not give me time for my evidence to come here. The prisoner, in order to put his trial off, made affidavit that a woman, a material witness, was gone out of the way; but it was made to appear to the court that woman passed for his wife, and if gone out of the way it was by his order. Guilty . Death . There was another indictment against him for a highway robbery. 596. (M.) Margaret Segware , otherwise Fowler , widow , was indicted for stealing a coloured linen gown, value 5 s. a silk and stuff gown, value 5 s. a blue silk gown, value 5 s. a yellow silk gown, value 5 s. a silk petticoat, value 8 s. two white petticoats, value 5 s. two black silk cloaks, value 10 s. a cardinal, value 5 s. a linen bed-gown, value 2 s. a pink and black stuff gown, value 2 s. 6 d. a pair of linen sheets, value 5 s. two linen tablecloths, value 5 s. five white aprons, value 5 s. a striped muslin apron, value 5 s. a coloured silk handkerchief, value 1 s. a muslin handkerchief, value 2 s. a crape gown, value 2 s. a coloured cotton handkerchief, value 1 s. two yards and a half of purple and white linen, value 2 s. a pair of women's black leather shoes, a pair of women's purple and white shoes, three pair of stockings, a silver tea-spoon, seven linen shifts, two damask napkins, and one flat iron , the property of Catherine Jarvis , spinster , Sept. 17 . + Catherine Jarvis . I live by the Rolls in Chancery-lane ; I was lame of the palsy, and could not get into the room where these things were; the prisoner was my nurse , she went from me on Saturday last; and left that door locked; I was forced to get a smith to open the door; then the things laid in the indictment were missing ( mentioning them by name;) I had her taken up, and upon being charged, she owned she had taken and pawned them; they were found again, all but one sheet and some odd things, at a pawnbroker's, by her direction. Paul Holloway . I am a pawnbroker, I live in West Harding-street, Fetter-lane; the prisoner brought these things, and pledged them with me at above twenty different times (the things produced in court, and deposed to by prosecutrix.) Mr. Wassells, who was at the taking the prisoner, deposed to her confession, and finding the things at the pawnbroker's. The prisoner said nothing in her defence. Guilty . T . 597. (M.) William Pain was indicted for putting Thomas Hay in corporal fear and danger of his life on the King's highway, and taking from his person 11 s. in money numbered, and a pair of silver shoe-buckles, his property , Aug. 26 . + Thomas Hay . I am a baker , and live at Islington; on the 26th of August, about a quarter of an hour after nine at night, I was stopped by the prisoner and another man, between the Hole-in-the-wall and Cannonbury-house ; they demanded my money, and swore they would blow my brains out if I made any resistance; while the prisoner was rifling my pockets, the other took my silver buckles out of my shoes; I lost 11 s. and a few halfpence. Q. Had they any arms? Hay. They had each a bludgeon; I took the prisoner about ten days after in Whitecross-street. Q. Was it light or dark when you was robbed? Hay. It was quite moon-light, I saw them before they came to me. Cross examination. Q. Have you always said this was one of the men? Hay. Yes, I have, and I swore to him before the Justice. Edmund Southgate . I saw the prisoner a little after eight at night, on the 26th of August, near the Hole-in-the-wall by Islington church; I was within twenty rods of them when they robbed the prosecutor, and heard them do it. Q. Did you know the prisoner before? Southgate. I never saw him before that time. Q. How far is the Hole-in-the-wall from Cannonbury-house? Southgate. It is about a quarter of a mile, the prisoner was in the field, walking with a bludgeon under his arm, and another man with him, going towards Canonbury-house. Q. What are you? Southgate. I am a journeyman carpenter, and work at Newington; I saw them the length of this court before I came to them, and took particular notice of the prisoner. Francis Dorril . The prosecutor sent for me, I being an officer, to take charge of the prisoner, about nine or ten in the morning, the 14th of this instant, for robbing him of 11 s. and he said another with him took his buckles. Q. Did you know the prisoner before? Dorril. I believe he lives about Whitecross-street, I do not know what he does for a living; he is a sort of a fighting man, one of the boxers; I found there was to have been a battle that morning, and he was to have been a second to one of them: he desired me to wait till he sent for one of his friends; I did wait six hours, but none came. Prisoner's defence. I never saw the prosecutor in my life, till he came and took me up; I am a house-joiner, and worked for Mr. Smith at the time. For the prisoner. Samuel Spragg . I live at Edmonton, the prisoner was at work for me on Friday the 26th of August, under Mr. Smith, a master carpenter; he was at my house a few minutes after six that evening, he behaved very well; my place was much laid open, I have enquired and missed nothing; they might have taken many things, the master bricklayer and plaisterer went away with him. Thomas Smith . I am a master carpenter, the prisoner worked with me for Mr. Spragg on the 26th of August all that day; I saw him at a quarter after six, it may be half an hour after, that evening there, I do not know what became of him after that; the next morning I saw him at his work there as usual; I knew him when he was an apprentice at Waltham-abbey, I know nothing ill of him, he behaved well when at work with me. Isaac English . I am a master bricklayer; on Friday the 26th of August I saw him near seven o'clock in the evening, after he left work at Mrs. Clarke's house; I parted with him about seven at her gate, he went in order to go home, where he lodged at the Duke's Head at Edmonton, that is about three quarters of a mile from Mr. Spragg's house; there was one Lamb that works with me was with him. Q. How far is that place you parted with them from Islington? English. As high as I can guess it is between seven and eight miles, that place is very near the eight mile stone from Shoreditch church. John Lamb . I am a plaisterer, I was at work at Mr. Spragg's house; when we had done work the prisoner and I went to the Duke's Head at Edmonton in order for supper, it was not ready, we got there about a quarter after seven; we waited there about an hour and a half, we had bacon and potatoes for supper; I staid there with him till about half an hour after nine, or near ten; he lodged there, my labourer was with us there, but he is since gone into Lancashire; I am sure the prisoner was not out of my company in that time; I lodge at the Rose and Crown, about 200 yards from the Duke's Head; I left him at the Duke's Head when I went away. Sarah Spencer . I keep the Duke's Head, a public-house at Edmonton; the prisoner came to lodge at my house on the 21st of August; Lamb and he supped at my house together on the 26th, they came in about half an hour after seven at night; Lamb staid till about ten, Pain was never out of my house all that time, but went to bed, and got up the next morning, and went to work. Acquitted . 598. (M.) Brittain Robinson was indicted for stealing two coach-hammer cloths, value 5 s. the property of William Steel , Aug. 11 . || William Steel . I live at the French Horn, Holbourn , I keep a stable-yard , I lost a couple of hammer-cloths on the 11th of August in the night from the carriages; my ostler found them upon two Jews the next day; we took the two Jews before Sir John Fielding , they were committed to Bridewell, they were there from the Thursday till the Monday; then they were let out upon bail to find the prisoner out; the prisoner was taken about a fortnight after for another offence, I heard him own the cloths were my property. William Griffith . I know Mr. Steel lost the two cloths from off his carriages; I went to see the prisoner when in prison, there I heard him confess he stole the two hammer-cloths from off Mr. Steel's carriages; he said he should not be tried for them, because he knew he should be transported for another offence, so he very readily confessed it. Prisoner's defence. Mr. Steel gave me half a crown, and said he would not hurt me. Steel. I desired he would let me know if he took them, because I would not blame an innocent man; he said he knew he should be transported for what he was put in for, he said he did take them; then I gave him half a crown. Prisoner. I was out of work, and it was for want that I did it. Guilty . T . See him tried before, No 28, in this Mayoralty. 599. (M.) Mary Williamson , spinster , was indicted for stealing a silver pepper-box, value 12 s. and two silver table-spoons, value 16 s. the property of the Right Hon. Lady Anne Hamilton , widow , Aug. 31 . || Thomas Cowdell . I am butler to Lady Anne Hamilton ; on the 31st of August the prisoner came and knocked at the door with a letter directed to my Lady, and said she must wait for an answer; I left her in the passage while I went up to my Lady with the letter; my Lady said it was a begging letter, she said she knew nothing of the person, and would have nothing to say to her; I returned, and gave the prisoner the letter; she took it, and went out; when I came to wait at dinner, about half an hour after, I found the silver pepper-castor was missing from off the side-board in the parlour; I had put it there about half an hour before, I knew no-body had been there besides this woman; after this I missed two silver table-spoons; the day after I went to Sir John Fielding and described the arms on the things, and two days after they were advertised; Sir John sent for me, there I found the pepper-castor and one spoon. Aaron Morris . I am a pawnbroker, the prisoner brought this spoon to me to pawn on Aug. the 31st, I never saw her before, I lent her seven shillings upon it; she came again with the pepper-castor; I seeing the arms on it, asked her if it was her own; she said she brought it from Mr. Phipps, she said she would go and fetch the person; she went, but did not return; I had stopped it, and at night we saw the advertisement; then I went to Sir John Fielding with the things (produced in court, deposed to as Lady Hamilton's property, her arms being on the caster, and crest on the spoon.) Prisoner's defence. I am innocent of it. Guilty . T . There were two other indictments against her for crimes of the same nature. 600. (M.) James Curtis was indicted for stealing a wooden box, value 12 d. one 18 s. piece, forty-two guineas, twelve half guineas, nine quarter guineas, and 3 l. 16 s. 1 d. in money numbered, the property of William Jackson , in the dwelling-house of the said William , Feb. 22 . || William Jackson . I did keep the Two Brewers, a public house in Long ditch, Westminster , at the time this money was lost; on February 22, about 11 o'clock, I sent my maid up to make the bed; she came down stairs, and said the door was broke open; I and some others that were in my house wentup and found the lock of the door lying on the floor, and a chissel by it, a trunk of mine in the middle of the room turned upside down; then I went into the closet, and missed the club-box, which was always kept with the greatest safety, in which was money, a witness here will inform the court what money; I had one key to it, and each of the stewards another: I could not tell who it could be, if not one of my servants that had lived with me; we went to a house where was a maid that had lived with me about three weeks before, we found some odd things of mine; I took her up, and a man that went for her husband, named Collins; Sir John Fielding committed him to the Gatehouse, and her to Tothill-fields Bridewell; after they had been there four days, he sent word to her to desire she would confess, if she knew any thing of it; upon that she sent me word to come to her, and take her to Sir John's, she would tell the truth; there she said the prisoner stole the money, and she received part of the money, and that he belonged to the guards; the next morning, when the company was upon duty, the serjeant told us Curtis had heard we were after him, and he was gone off; the Colonel did not advertise him as a deserter; then I tried the woman here, it appearing she did not steal the box and money, she was acquitted (See No 286 it this Mayoralty;) the prisoner was taken up at Uxbridge for another robbery, and brought before Sir John Fielding ; Sir John said, you are the Curtis the soldier that robbed the man at the Two Brewers; I went and took Collins there, and she gave information of the fact; when Sir John asked her how much she had of the money, the prisoner answered she had ten guineas of it, and that it was along of her that he committed the robbery; the club-box was found in the Thames by a waterman, and brought home to me with a bond, and some papers belonging to the club in it. Q. Did the prisoner belong to the club? Jackson. No, he did not. Richard Beckford . I am clerk to the club, I kept an account of the box, there was in it 55 l. and upwards, in gold, silver, and copper; I know there were forty guineas, and one 18 s. piece, I cannot particularly speak to the number of small pieces; I heard the prisoner say at Sir John Fielding 's, he had given Collins the evidence here ten guineas and a half of the money; he laid it all to her, as being the cause of his doing it. Q. What were his words? Beckford. He said to her, you deserve my fate, you are more accessary in the robbery; she was a servant in the house, and could inform him where the box stood. Sarah Collins . I was servant with Mr. Jackson, and had left him about three weeks before the box was stolen; I was with the prisoner, and we were talking about clubs; the prisoner had asked my husband, William Collins , to go to a club; my husband could not go, for he had spent all his money last week; I said, there is a club where I did live; said he, I'll warrant you there is a good booty in that box, whereabouts does it stand; I said, it is in my master's room, that is all the intelligence I gave him; after that I met him in Tothill-street, with a brown box under his coat; he went into Tothill-fields, and broke it open, and took the money out, as he told me; he came into my room, and gave me ten guineas and a half out of a piece of brown canvass, and said he was going away directly; one of the pieces that he thought to be a guinea was an 18 s. piece; he then said, I wish you very well, I'll set off directly. Q. Did he tell you how much money he had got? S. Collins. No, he did not, I saw it was gold in a brown purse. Prosecutor. The box was brought to me by a waterman that lives by Millbank, it was found near there. William Moore . I live at the Six Bells at Uxbridge. On the 25th of February last the prisoner was recommended to my house in a returned post-chaise, he wanted to lie there all night; then he said he would not, but would go to Oxford, he was very fuddled; I saw he had a great deal of money, gold and silver all together, he told it out, and I gave him a paper of the number of pieces which he delivered to me, twenty-one guineas in guineas and half guineas, two 6 s. 9 d. pieces, one 9 s. piece, and one 5 s. 3 d. piece; after that he altered his mind, and said he would have a post-chaise in order to go to Oxford; I then sent to the same house where he was recommended from for a post-chaise; then I ordered my wife to fetch down the money again; after I had told it down he said it was very dangerous to travel with so much money, he left twenty-one guineas with me, and I gave him a note of hand for it; he went away, and came the next day and demanded the money without the note, I did not chuse to deliver it without the note; he lay at my house that night, and the next morning went out and came with the note, then the money was paid him; he sent for a woman that lived in the town, that he he said was a relation of his, and gave her a guinea and five shillings. Prisoner's defence. I know nothing of the box, I never was in the house except when with Sarah Collins ; I left 20 guineas with Mr. Moore. Guilty of stealing only . T . He was a second time indicted for stealing one pair of shirt sleeve buttons set in silver, value 6 d. a pair of silver sleeve buttons, value 6 d. a woman's linen cap, value 6 d. half a yard of dimity, value 6 d. five yards of ribbon, value 3 s. a white bead necklace with silver spreaders, value 2 s. and five guineas, the property of Anne Bateman , spinster , in the dwelling-house of the said Anne , July 6 . The prosecutrix did not appear. Acquitted . 601. (L.) Joseph Lee , otherwise Leay , was indicted for stealing nine silver stock buckles, value 20 s. the property of Benjamin Cartwright , Sept. 24 . ++ Benjamin Cartwright . I keep a silversmith's shop in Smithfield . On the 24th of September my shew-glass was broke between seven and eight in the morning, before I came down stairs, my servant had got the boy at the bar; I had two dozen and two stock-buckles in my shew-glass, and when I came to count them, there were only seventeen remaining in the glass. Ruth Dance . I am servant to Mr. Cartwright; I was coming down stairs, and saw the boy at the bar take his hand out of the shew-glass with a stock-buckle in it; he ran away, I made after him and brought him back; when he got to the stairs at the door, he reached out his hand and tried to fling the buckles down in the cellar; six of them went into the cellar and three lodged on the step: I called our journeyman to hold him while I called my master to pick them up, (produced in court and deposed to by prosecutor.) Prisoner's defence. I never was nigh the glass, I was going about my business; I am a chimney-sweeper , I saw two other boys by the glass; the maid came out, and they threw the buckles down and ran away. To his character. Elizabeth Simpson . The boy has served me three years, he is a chimney sweeper; he never robbed me, I cannot be answerable for what he does abroad, he behaves well at home Mary Stringer . The prisoner goes out with my husband a sweeping, I never knew any harm of him. Guilty . T . Note, The prisoner having washed his face after in prison, the prosecutor was some time before he could persuade himself the right person was set to the bar; as this is not the only one of the sort, a prosecutor of such would do well to see them clean before committed. 602 (L.) Mary Smellar , otherwise Sinclare , was indicted for stealing two linen handkerchiefs, value 2 s the property of William Evans ; one pair of linen sleeves, two linen caps, one silk handkerchief, one linen handkerchief, and seven yards of ribbon , the property of Elizabeth Evans , spinster , Sept. 12 . ++ William Evans . I live in Queen-street, Cheapside , the prisoner was my servant two months; she went from me the 12th of September, and the things laid in the indictment were missing on the 24th; I went after her to Mr. Whitaker's in Long-lane where she lived. there she acknowledged the taking the things, (the things produced,) I can swear positively to the two handkerchiefs. Robert Whitaker . The prisoner came to live with me after she left Mr. Evans's, they were found in the room she lay in. The prisoner said nothing in her defence. Guilty 10 d. Recommended. W . 603. (L.) Roger M'Daniel was indicted for stealing four pork chine bones, value 16 d. the property of Mark Bell and Joseph Goff , Sept. 20 . ++ Abraham Law . I had lost goods several times; I keep a shop, and fell by commission in Leaden-hall-market; I got up on Tuesday morning, and watched while the men were unloading the cart; I saw the prisoner undo a basket and take out four chine bones, the property of Mess. Bell and Goff; he went off, I ran after him, he threw the bones on the ground; I called out stop thief, he was stopped; as we were carrying him to the watch-house he pulled off his coat and ran away; the watchman said it was a small affair, and wanted me to let him go; one of them put his staff cross me in order to throw me down, but I ran and catched the prisoner again by St. Mary Axe church; I found the bones in the same place where the prisoner had throwed them down. Prisoner's defence. I was not the man, it was another fellow; I was a watchman in that parish, and was going home at four o'clock when this accident happened; I heard the cry stop thief, and they laid hold of me. Guilty . T . 604. (L.) William Read was indicted for stealing an iron shovel with a wooden handle, value 18 d. the property of Michael M'Carty , September 26 . ++ Acquitted . 605. (L.) James Thompson was indicted for stealing a silk handkerchief, value 2 s. the property of John Stokes , Sept. 23 . ++ John Stokes . I was going by the Mansion house the day the King of Denmark dined there; Mr. Paine taped me on the shoulder; I turned round, he had the prisoner by the collar, I saw my handkerchief in Thomas Cund 's hand. William Paine . About five o'clock the day the King of Denmark was in the city, I saw the prisoner follow the prosecutor down Cheapside from near King-street; he made several attempts at his pocket, the pocket-lid being in he could not do it; just before we got to the Mansion house, I saw him take the handkerchief out; I collared him, and said to the gentleman, you have lost your handkerchief; the prisoner went to throw it into the coach-way, but he could not, I was too quick for him. Thomas Cund . I was opposite the Mansion house at the time, the 23d of September; I saw the prisoner throw the gentleman's handkerchief into the kennel, and I picked it up. Prisoner's defence. I know nothing of the matter; I picked it up, and Mr. Paine got hold of me; I am an honest lad, and work hard for my bread, I am a farrier by trade; there is not a sessions goes over Paine's head but he transports twenty of them; I am eighteen years of age last April. Guilty . T . 606. (L) Edward Cain ; otherwise Can , was indicted for stealing handkerchief value 6 d. the property of unknown, September 16 . ++ William Paine . On the 16 th September I saw the boy at the bar and three others with him take a linen handkerchief out of a person's pocket; I went to the person and said, Sir you have lost your handkerchief; his wife was there, I had the prisoner by the collar the hand the handkerchief down) the wife said that's my husband'a property; the other three boys ran away, the man would not stay, but walked on about his business; I prosecute at my own expence. Prisoner's defence. I was along with other boys, one of them took the handkerchief, and this man laid hold of me and said I picked the man's pocket, but I did, I am but thirteen years of age. Guilty . T . 607. (M.) Elizabeth, wife of John Greaves , was indicted for that she on the 19th of September , about the hour of seven in the forenoon, a certain dwelling-house of the said John her husband, in a public street called South Park street , joining to divers other respective dwelling-houses, did feloniously and voluntarily set fire to, by which means it was burnt down and consumed . + Colonel Edward Hamilton , Esq; I was out of town when this fire happened; I had taken a room in this house, I was informed there was an execution in the house; I came home on the 20th of September, I had gave her notice of my coming 8 days before; when I came she told me my clothes and things were burnt, except what was in the possession of Mr. Bolland; she told me a lamentable story, and seemed very sorry that my things were burnt. Q. Did you ever meet with any of your things again? Col. Hamilton. Yes, I found I believe thirty-three shirts and nine waistcoats at two pawnbrokers; I went to Mr. Bolland's the next morning, he gave me reason to think I had not fair play; I went to Sir John Fielding and got a search warrant, and went to Mr. Howard's a pawnbroker, and asked if Mrs. Greaves had pawned any linen there; he said she had, and shewed me some of my shirts, I think there I found seventeen, and three waistcoats; and at Mr. Jason's a pawnbroker, I found sixteen shirts and eight waistcoats; I found two shirts in the room where she lived, them I had left with her to be ruffled, she had told me they were burnt; when I taxed her with pledging them, I think she said it was necessity that made her do it. Cross examination. Q. How did you give her notice when you should be in town? Col Hamilton. I sent word by a gentleman, and I have it under his hand-writing that did give her notice. Q. Had you given any direction to her to have any thing made up for you or altered? Col. Hamilton. When I left her house I locked up my room door and took the key with me, and left some neckcloths with her to be made up into stocks, and two shirts to be ruffled. Q. Did you treat with her for this room? Col. Hamilton. I did, and she herself delivered the key to me; I took that room in consequence of a gentleman that lived with her; she gave me the choice of three rooms; every thing was locked up except the chest of drawers; my shirts were all callico. John Jason . I live in Oxford-road, I am a pawnbroker; the prisoner pawned sixteen shirts and eight waistcoats with me at different times; on the 3d of September four shirts, five on the 6th, and seven on the 7th, and eight waistcoats; they were all brought to me by the prisoner at the bar, I knew her eight months before this; I had a good deal of her property in my hands at the time, consisting of wearing apparel, all brought within five or six months. Q. Whose did she say the shirts and waistcoats were when she brought them? Jason. She said they belonged to a Colonel that lodged with her, and that he was short of money. Q. Did she name his name? Jason. No, she did not; when she brought the last parcel, she said the Colonel sent her in a coach. Q. Did you see a coach? Jason. I do not know that she came in one; (the shirts and waistcoats produced and deposed to by the Colonel) A Witness. I am niece to Mr. Howard a pawnbroker; I was present when the prisoner brought these shirts and waistcoats to Mr. Howard's, and pledged them in her own name, she said they were her husband's, (producing 17. shirts and 3 waistcoats, deposed to by the Colonel.) Robert Stainsby . I was put in possession in the prisoner's house the 5th of September, by a power of attorney which was made from her husband to her to sell the goods, and she did sell them to Mr. Bolland some time before the fire happened; Mr. Bolland sent word he would advertise the goods and sell them, this was I think the Monday before the fire, if she did not let him have the money he had lent upon them; she had said her husband was coming and coming, but before she would have her goods advertised and sold, she would set them on fire and burn them all; I heard her say that more than once or twice, and he that was in possession with me heard her say the same. The morning the house was set on fire between six and seven, she sent the maid out of an errand to Mr. Bolland, and while the maid was gone, she went up and came down again to me in the kitchen; I heard her go up and come down, her room was up two pair of stairs forward; she came down stairs to me, and said I must see and kill her cat, for her cat ran about the house with fire upon her back; then she said her cat was a witch and would haunt her, and I must not kill her; I said, madam, one day we must kill her, and another day we must not, we will kill her by and by; then she found fault with the fluttishness of her maid. Q. Had you heard her talk of killing the cat before that day? Stainsby. I had, four or five days before the fire, she had mentioned it two or three times before; as she was busy in the kitchen blowing the fire, I took the bellows to blow, she said she believed some body knocked at the door; I went up, there was nobody at the door; I came down again and said, madam, your house is all of a smother; she said, it may be by the people washing at the next house; I said, is it usual to smoke so at such time, she made me no answer; I said I did not think that was the occasion, and I thought my blowing the fire could not make such a smother; she made no answer: soon after some body knocked at the door, and said your house is on fire, the fire comes out at a two pair of stairs window; it broke out in the maid's bed chamber, that was a two pair of stairs room; there had not been any fire in that room since I had been in the house, which was fifteen days; I ran up stairs in order to burst the door open, but I could not get nigh it, the smoke and sulphur came so strong; there was George Dundass in bed above, I called to him, he made no answer; I put my head out at the window and looked out, and saw him upon the top of the leads of the house; I hallooed to him to come down, he said he could not; I said; you can run through smoke, if you can't through fire; he did, and came down; the first words he said were, Lord, madam has set this house on fire on purpose. Q. How do you know the fire began in the maid's room? Stainsby. I saw the smoke come out at the maid's room door, and not out of the prisoner's room door; it could not break out in the prisoner's room first, they are both on the same floor; there was no other fire but in the parlour when I came down about six o'clock; the kitchen fire I light up myself. Cross Examination. Q. What are you? Stainsby. I am servant to Mr. Bolland; I believe there was money lent by him to her on her goods. Q. What money? Stainsby. I do not know; I saw a power of attorney signed by the prisoner, and I heard her say Mr. Bolland had lent her 40 or 50 l. Q. Do you know how the chimnies were situated? Stainsby. No, I do not; the parlour fire is forward so is the kitchen, the maid's was backwards, I believe that is not in the same stack of chimnies. Q. Is the house quite burnt down? Stainsby. It is burnt down to the parlour, the roof of the house fell in; this house was next to the corner house, which is Capt. Townsend's. George Dundass . I was in possession of these goods before the last evidence; I have heard the prisoner say she was afraid the cat would run about the house with fire on her back, and set the house on fire; we were going once to kill the cat, then she desired we would not kill her, saying she was afraid the cat would haunt her, I heard her several times talk thus; I was in bed in the top of the house when the fire happened, I think it was about seven o'clock in the morning; the sulphur came into the room, I opened the door to let it out, thinking the maid was lighting the fire below; I found it began to increase, I just got my clothes on; Stainsby called out fire, I heard the fire crack and saw it smoke more; I got out at a window to go out upon the top, and I could get no farther; I was obliged to come in at the window again, and come down through the fire. Q. What room was it you heard the cracking in? Dundoss. That was in the room where the prisoner used to sleep, up two pair of stairs forwards, I lay in the back garret; the cracking was immediately under my room. Q. Did you know Col. Hamilton's room? Dundass. I know he had a room in the house; I heard the prisoner say the sabbath-day before the fire happened she expected him home on the Tuesday; she was telling me that Sunday that she was burnt out once in Wapping. Q. Who began to talk first about fire? Dundass. She did. Cross examination. Q. Was there a cat in the house? Dundass. There was. Q. Did you ever see her by the fire? Dundass. No, she was too wild to come near it; I have seen her in the garden, she never would come nigh the fire. Q. Was there any chimney on fire? Dundass. I saw none on fire. Mary Lewis . I was servant to Mrs. Greaves at the time of the fire, she sent me out that morning about seven o'clock to Mr. Bolland's in Shire-lane, Temple-bar, to carry a letter; there was a fire in the fore parlour, which I had light, and no other in the house when I went out. Q. Was there not a fire in your room? M. Lewis. No, there was not, nor in my mistress's neither; I had been in the house about seven months, and in that time there had not been a fire in my room nor my mistress's; there are two rooms up two pair of stairs. Q. Had Col Hamilton a room in the house? M. Lewis. He had, to put his things in. Q. Do you know any thing of any message from the Colonel about his coming home? M. Lewis. I heard there was a message came that he should return the next week. Q. When did that message come? M. Lewis. That was the Tuesday or Wednesday before the fire? Q. What time did you come back when your mistress sent you to Mr. Bolland's? M. Lewis. I returned about nine o'clock, then the house was burnt down to the dining-room. Q. About what time had your mistress used to rise? M. Lewis. She sometimes arose by six. Q. Had she used to open her chamber-windows? M. Lewis. Sometimes she used to open all her windows, and sometimes only her own. Q. Was there a candle left in your room? M. Lewis. I went up into it about two minutes before I went out of her errand, there was no candle there at all. Q. Did you then go into your mistress's room? M. Lewis. No, I did not, the doors were both open; they opened one into the other; the doors were always open in the night-time, there was no candle in her room. Q. Did you ever find smoke in your house by any thing that was going forward in the next house? M. Lewis. No. Q. Do you know how the fire came? M. Lewis. No, I do not, I left the house very safe when I went out; my mistress had a rush-light burning in her room in the night, but she said she got out of bed between five and six, and put it out, that she said on the Monday morning after the fire; I heard her get out of bed. Q. How came she to mention that? M. Lewis. I asked her whether it might not come by the watch-light; she said she got out between five and six, and put it out. Q. Could it come by the soulness of the chimnies? M. Lewis. The kitchen and parlour chimnies were both swept after I came there, it may be two or three months after I came there; I saw part of the shutters of her room open in her room when I went out. Frances Parker . I live in the same street, directly opposite the prisoner's house, I used generally to see the windows open in a morning; when I got up that morning, I saw the windows shut about half an hour after seven; as I was putting on my clothes I saw the smoke come out at the two pair of stairs windows, there are two windows, both were shut; she was in general a very early riser, and the windows were generally open. Cross examination. Q. How could you see the smoke when the shutters were shut? F. Parker. It came out at the crevices, they were inside shutters, and it came out between the brickwork; I came down, and told the prisoner, she was very much frighted. Prisoner's defence. I am quite innocent, I know nothing how it came; Col. Hamilton never took a room of me, I gave him leave for a few days to leave some things with me; that fellow Stainsby has said he would be revenged of me, he smoked tobacco in my house; all this is spite and malice entirely, there is none more cautious of fire than I am, by being dreadfully burnt out before at Wapping wall; this Bolland wanted to arrest my husband, he sent his bailiffs after me, and I was carried to his house; he heard I was going to sell my goods, I let him come and appraise my goods, he put in two fellows; I said to him, Mr. Bolland, take that man out of my house, he smokes so I cannot live in the house; Col. Hamilton desired me to recommend him to a workwoman to make him some stocks, I employed a woman in my house; I did not know he would take the key of the garret away, I had a key of the other garret that opened his room; I did surely make use of his things, but I intended to fetch them again in a few days; I never wronged man, woman, or child in all my days: and now I am upon my trial, by the confusion of my attorney, my witnesses are not here, I should have had 500 to my character, I can prove I have been a woman of an undeniable character, I have the best of characters that any poor woman has; this man has robbed my husband of his goods, and now he wants to take my life away; I know not how the fire came, unless by this cat, she used to be frighted out of the kitchen, and out of the parlour; as she used to lie under the grate, I told them to beat her away; that Stainsby threatened my life, he looks so like a thief I hated him, every word he has said is all false; Dundass said, Bolland offered him 20 l. to swear against me, and he answered he would go to the farthest part of the world before he would. George Dundass . I never said any such thing, he never offered me the value of a halfpenny. To her character. Mr. Golding. I live in Rotherhithe, I have known her about ten years, she has a very good character as far as I know. Mr. Perkins. I live in Piccadilly, I have known her twenty years, I have all the reason in the world to give her a good word; she has always had a good character. John Hope . I live in Rotherhithe, I have known her between two and three years, she was my next door neighbour; she was brought up extremely gay, and was looked upon as a gentlewoman; she was honest and sober to the greatest degree, I believe she was too much of a gentlewoman to do any thing that is mean and piciful by her appearance and character; she lived in a gossiping place, and people of character do not care to be too much connected. Richard Whitewood . I am master of a ship, and live in Rotherhithe; she lived in a house of mine, I have known her about two years, she always bore a very good character in the neighbourhood. Alexander Edwards . I live at Wapping Old-stairs, I have known her twelve years, she bears a very good character. Peter Martin . I live at Wapping Old-stairs, I never heard any thing amiss of her. Constable Lamden . I live in Shadwell, I have known her about nine years, I never heard any thing of her but what was good and honest. Francis Springle . I live at Wapping, I believe I have known her about three years, by what I have heard she bears a very good character. Acquitted . (M.) She was a second time indicted for stealing thirty-three callico shirts, value 16 l. 10 s. and eight waistcoats , the property of Edward Hamilton , Esq ; Sept. 12 . + The prosecutor and the two pawnbrokers gave the same evidence as before, and the prisoner acknowledged she pawned them. Guilty . T . 608. (M.) John Price was indicted for stealing a silver watch, value 4 l. the property of Rice Williams . Sept. 27 . || Rice Williams. On the 27th of September I was near the Marquis of Granby's Head in Piccadilly , about twelve o'clock in the day, there was the prisoner; he asked me if I wanted to hire myself to a gentleman; I said, I came up upon other business; he told me there was a gentleman wanted a servant, an extraordinary place; he got me to go in at the Marquis of Granby's Head, there were some men began to hussel gold about; said the prisoner, will you go any thing; I said, I did not, understand it; said he, put down a guinea, never mind it, you shall not be out of pocket, he and one of the company would answer it; I was persuaded to do it he, I, and another against three others; they got my guinea; I said I would play no more; said the prisoner, you shall have your money of me, I will bring it back again; I was for going, and drew my watch out to see what o'clock it was; he took it out of my hand, and put it into a hat, and then said your watch is gone; he went out under pretence to meet with a gentleman, his friend; I followed him as far as Tyburn-road, I desired him to come with me to my brother's, he lives in Soho; he would not; then he walked on to Leicester-fields and St. Martin's-lane; said I to him, deliver my watch, or you will be hanged; no, said he, I will not, unless you give me a guinea; at last he set off, and ran away; I overtook him, and brought him to the Duke's Head; he would not deliver me my watch, we sent for the constable; then he would give the watch up, or a guinea, or any thing in the world; indeed I was afraid of my life, I found they were dangerous people; he delivered it me then back. Q. Upon your oath did you consent to his putting your watch down for a guinea. Williams. Upon my oath I did not, he slipped it from my hand, and put it down without my consent, and held his hand upon it. Q. When he gave it you back again, who was by? Williams. Then there was my brother and the constable. Q. from prisoner. Whether you did not pull out your watch, and put it into the hat yourself? Williams. No, I did not. William Williams . I am brother to the prosecutor, I was sent for to the Duke's Head, I found my brother and the prisoner in a room; I asked my brother how he came there; he told me he was obliged to bring the prisoner there by force, that he had his watch, and would not deliver it; I asked the prisoner why he would not deliver it; he said he would not, without my brother would give him a guinea; I left the room, and went home, and told my wife what had passed; she went up and fetched down a guinea, and went to them; I asked the prisoner how the thing was; he told me he was at the Marquis of Granby's Head, and he had won it, and would keep it, without my brother would give him a guinea; I went to Mr. Smith, an acquaintance of mine, and told him of it; then we went to the Duke's Head, with Mr. Rogers the constable; when the prisoner saw them, he took the watch out of his pocket, and delivered it into Mr. Smith's hand; then, when we talked to him, he said he would do any thing, he would send to his wife, and give my brother the guinea that my brother said they had won of him; he said, if we would let him go, he would give him a guinea, or make any satisfaction; then we took him before Justice Welch and Major Spinnage ; when Major Spinnage saw him, he said, you Price, you ought to have been hanged ten years ago. Edward Rogers . I was with Mr. Smith, and the prosecutor's brother; when we went in the prisoner immediately delivered the watch to Mr. Smith, and Mr. Smith delivered it to me; the prisoner said, for God's sake, I will make any satisfaction in the world I can, if you will let me go; I said I could not, and I would not; he behaved very obstreperous, we were obliged to bind him (the watch produced and deposed to.) Prisoner's defence. Coming by the Admiralty I saw Mr. Williams reading a paper, an acquaintance of mine came by and said, how do you do Mr. Price; Williams said, is your name Price; I said, yes; said he, are you a Welchman; I said, no; said he, I thought you might by your name; said he, I think I know you; very possible, said I; he asked me if I knew of any gentleman that wanted a footman; I said, our footman was gone away; said he, if you will give me a direction where I may enquire, I shall be obliged to you: then we went in at the Marquis of Granby's Head, for me to give him a direction; we called for beer, bread, and cheese; there came in two men, I know no more of them than of the farthest person living, one of them seemed to be in liquor; they said they had been gaming, and had lost their money; said Williams, I wish my brother was here, he would soon win all their money of them; they went to hiding a halfpenny under a hat for a shilling; Mr. Williams won two shillings, I had one, and he the other; then we went out of the room together, said he, we shall win all these mens money from them; then one of the men said, he would play no farther under a guinea, then Mr. Williams lost a guinea; then said the man, I will go for another guinea; then said Williams, I have no more money, but I will stake my watch, and took it out, and put it in the hat, and lost his guinea; I said, young man, do not take Mr. Williams's watch for the guinea, he is an acquaintance of mine, let him have it for the guinea; then one of these men went along with me for him to have his watch again for a guinea; I said, give me the watch, and I will be bound to give you the guinea; then Williams got me to go in at a public house, and said, give me the watch again, and do you go about your business; I said, I cannot do that, because the men will come upon me for the guinea; after that his brother and the others came in, they began to speak Welch together, I did not know what they said; then I pulled the watch out of my pocket, and gave it to the constable, when I saw what they were about; they after that took me before Justice Welch, and I was committed to Clerkenwell Bridewell for a defraud, and last night he went and swore a robbery against me; I never received the watch from him; I lived with Mr. Dodd, Member of Parliament for Berkshire. Q. to prosecutor. How long had you been in London? Prosecutor. I then had been in London but two days, I came up to see my brother, I had been in London twice before; the first time nine years ago, then I staid nine days; the second time I staid in town two or three days: that is all false which he says of speaking to him to get me a service, I never told him I wanted a place. The prisoner called Thomas Levis, an attorney, that bound him an apprentice to a jeweller, Thomas Gravesbarg , a lapidary, and Benjamin Lyun , that knew him in Birmingham, and one Huckle, that served part of his time with the same master, but neither of them knew any thing of him lately. Guilty . T . 609, 610. (M.) Plymonth Jumboe and Henry Pullen were indicted, the first for stealing five silver tops for castors, value 10 s. the property of Thomas Lowe ; and the other for receiving the same, well knowing them to have been stolen , Oct. 3 . ++ The evidence against the principal was that of his own confession, which was obtained from him by a promise, which in law could not be received; they were both acquitted . 611. (M) Paul Booth was indicted for stealing a silk and cotton handkerchief, value 2 s. the property of Mary Purcell , spinster , Oct. 11 . ++ Acquitted . 612. (M.) Robert Singer was indicted for stealing a brown gelding, value 13 l. the property of James Barnham , Sept. 10 . ++ James Barnham . I live at Isleworth, I missed a brown gelding out of a meadow-ground, betwixt Isleworth and Twickenham , on Sunday the 11th of September in the morning; I put her in on the Thursday night, and the gate was spiked up; on the morning when I missed the gelding, I found the spike was drawn; I had him advertised on the Monday morning two guineas reward, and on the 14th the horse was brought home by the prisoner at the bar. Q. Did you know him before? Barnham. Yes, he lived but about half a mile from my house, he is a labouring man that works in the gardens , he brought her home for the reward, and gave but a poor account how he came by her; he said a friend of his told him of the horse, and he found the horse in Uxbridge-moor; I suspected him to be the thief, and took him before Sir John Fielding ; just before we went to Sir John, at the Sun in Russel-street, he confessed he took the horse out; we went then to Sir John, there he made a full confession that he broke the gate open, and took the horse out; we thought he had some consederate, he said he had none. Q. Did you promise him any favour if he would confess? Barnham. No, I did not. Q. What were his words he made use of? Barnham. He said he would tell me the truth, he was the man that took the horse out of the field, and rode him to Longford, and turned him adrift, and kept him in a Lammas meadow just by Longford. Q. Have you enquired whether there is such a meadow there? Barnham. I have, but cannot find there is. John Lewis . I live in the parish of Isleworth, I am the constable that had him in charge; I heard him say at the Sun in Russel-street he would not bring an innocent person, I was the person that drawed the took the horse out, and rode him to Long and put him into a Lammas field; we took him before Sir John Fielding , he made the same confession there. Prisoner's defence. I heard the horse was lost; I was going out upon a little business, I saw the horse and I thought he was the same; I took and brought him home to the farmer, they gave me some liquor that day, and I did not know what I said before the Justice. Q. to prosecutor. Was the prisoner in liquor? Prosecutor. He came to me sober, we had no liquor at home, we had a little in London, but not much, he was as sober as I am now. Q. to Lewis. Was the prisoner drunk or sober? Lewis. He was as sober as I am now. Q. What liquor had you in Russel-street? Lewis. We had a bottle of wine and two pots of beer among fix of us; I believe the prisoner drank two glasses of wine and one draught of porter. To his character. William Hunter . I live at Harmsworth; I have known the prisoner all my life, he has been gone from our parts three or four years, I never knew him behave ill. William Hains . I live at Harmsworth; I know no other of him than that of an honest man, he is about thirty years old, we both of us married his sisters. Guilty. Death . Recommended . 613. (M.) Elizabeth, wife of Thomas Ward , was indicted for stealing two sheets, value 4 s. one woollen blanket, value 1 s. and one copper tea-kettle, value 6 d. the property of Thomas Wilsham , in a certain lodging-room lett by contract , &c. September 5 . ++ Acquitted . 614. (M.) William Grimstone was indicted for stealing a cloth waistcoat, value 18 d. a linen waistcoat, value 6 d. a pair of leather breeches, a shirt, a neckcloth, and one worsted stocking , the property of John Partridge . Sept. 23 . ++ John Partridge . I live in Bunhill-row ; I was coming home on the 23d of September, betwixt ten and eleven at night, I met the prisoner at the bar about a hundred yards from the alley where I live, called Chequer-alley; he had some things upon his arm, I saw something blue like a coat, and a neckcloth hung out; I went home, and when I came to the door a woman stood at the door, and said a man had been up in my mother's room; I ran back and pursued the prisoner, and hallooed out, stop thief; there was a watchman told me he knew the man that I suspected with a parcel of things; I and the other evidence here went to the prisoner's room in James's court, Featherstone-street, there the young man took my things which are mentioned in the indictment from under the bed (produced and deposed to,) they were taken from out of my mother's room. Daniel Lipsey that was at the finding the things, deposed he saw the prisoner as he was going home with a parcel of things on his arm. Prisoner's defence. I had not been at home above four or five minutes before they came and found the things, how they came there I cannot tell. He called Abraham Frankmore , Matthew Walker , John Kelsoy , and Joseph Stadall, who gave him a good character. Guilty, 10 d. W . 615, 616. (M.) William Andrews was indicted for stealing a silk gown, value 20 s. a silk quilted petticoat, value 3 s. a dimity petticoat, value 12 d. a pair of ruffles, value 6 d. a linen handkerchief, value 2 d. two linen caps, value 3 d. and a mahogany tea-chest with three tin cannisters, value 10 s. the property of William Palmer ; and Mary Hopegood for receiving a silk gown, a quilted petticoat, a dimity petticoat, and a pair of ruffles, part of the said goods, well knowing them to have been stolen , Oct. 1 . || William Palmer . I live in Hackney; I was at Cambridge when the things were lost, which was the 1st of October; I came home the Wednesday following; I sent my wife to Whitechapel to the Justices, they sent her to Mr. Brebrook, who had the prisoner in his custody. William Botsworth . I am servant to Mr. Foster a pawnbroker; I took these things in of the prisoner Hopegood, (producing a silk gown and a pair of ruffles,) she said they were her own. Jane Palmer . These are my property, I am wife to the prosecutor; I was half an hour out of the house, I was told two boys had been seen about the door; I found they had got in at the window; I found they had left my door open at coming out; all the things laid in the indictment were missing; the boy at the bar confessed at Mr. Brebrook's the other was named James Cooper , and that the prisoner stood at the door while the other got in and took the things out; I found out where they were pawned by Hopegood's mother. Betsworth. Hopegood said at Whitechapel before the Justices that Andrews gave these things to her to make away with, to do what she could with them. James Brebrook . I took the two prisoners up, and had them before Mr. Pell: Hopegood wanted to be admitte d evidence, but she had been an evidence once before, and they would not admit her; she said there that Andrews and Cooper broke a house open in a lane leading to Hackney church, and gave her these things to go to sell, by which means I found out the prosecutor; when they were at my house, Andrews said Cooper broke a pane of glass and so got in, and handed the things out much about dark. Andrew's defence. I was taken very ill and was at home at my mother's; I got up and went as far as Bethnal-green; I went to ease myself in a ditch, and saw something white; I walked a little further and saw this bundle of things lying, I took them up. Hopegood's defence. I met this young man going along, he said, Mary Hopegood , will you be so good as to take this gown and petticoat, and go and pawn them for me; I said, whose is it; he said it is my mother's; I went and pawned them, and had 16 s. upon them. Andrews Guilty . T . Hopegood Guilty . T. 14 . See Hopegood an evidence, No 288, in this Mayoralty. 617. (M.) Mary Hopegood a second time, and Margaret Gilford , otherwise Wood , spinsters , were indicted for stealing a tea-chest, value 2 s. four silver tea-spoons, value 4 s. two shirts, value 2 s. a muslin neckcloth, value 6 d. three linen aprons, value 3 s. a linen handkerchief, value 12 d. a silk and cotton handkerchief, value 12 d. and a duffil cardinal, value 12 d. the property of Uriah Child , Oct. 1 . || Mary Child . I am wife to Uriah, we live in Catherine-wheel-alley, Whitechapel . On the 1st of October I was gone to market to buy a bit of meat, and when I returned about eleven or twelve in the day, I found my door open and my drawer open, and the things mentioned gone; on the Tuesday following Gilford came with Mr. Brebrook to my house; he told me he believed he had the thief that robbed me; she pulled a teaspoon out of her pocket, and acknowledged she took my things out of my house, and that Hopegood stood at the door and received them of her; Brebrook had Hopegood in custody at the same time; they were taken to Whitechapel to the Justices, there they both confessed it. William Bester . I am a pawnbroker; a girl brought these three tea-spoons and pledged them with me, and Hopegood stood at the door at the same time. (produced and deposed to.) Alexander Allen . Hopegood pledged a shirt and handkerchief to me for 3 s. 6 d. on the 1st of October, (produced.) Jeremiah Davis . Gilford pledged an apron to me for 18 d. the first of this month, (produced) James Brebrook . Gilford was brought to my house by a hatter; she owned she had been concerned in robbing a house, and had one silver teaspoon upon her; I took her to the house where he said she had it from, and the prosecutrix owned the spoon: Gilford said Hopegood was concerned with her, so I took her in custody (the spoon produced) Mary Child . These things produced are my property. Hopegood's defence. Margaret Gilford came to my house and desired me to pawn them things for her, as her mother was very ill, and I took and pawned them. Gilford's defence. I did not know of my trial coming on so soon, I have no witnesses here. Both Guilty . T . 618, 619. (M.) John Antrobus and John Matthews were indicted for stealing two quarter guineas, and 2 s. 6 d. in money numbered , the property of Francis Harvey , Sept. 16 . || Francis Harvey . I was a little in liquor one night at a public-house; the publican said I abused him, and he got me into Clerkenwell Bridewell , there I lost 6 l. there were two guineas, four half guineas, five 5 s. 3 d. pieces, and the rest in silver; I know nothing who took it, but by Tantrabobus as they call him, his confession. William Langley . I was servant to the deceased Mr. Stoddart, the keeper of Bridewell; I took in the prosecutor between twelve and one o'clock at night; he would not have a bed, so I put him among the others, and in the morning he complained he had lost 6 l. I found Matthews and Antrobus, who we call Tantrabobus, on the women's side; I brought them round; the prosecutor offered a guinea to any one that would help him to his money; I knowing Tantrabobus to be a thief, having robbed many since he was there, I charged him with taking it; he told me it was put into a stocking and throwed down into the cellar; we went down, and there we found two 5 s. 3 d. pieces, and half a crown; we took the prisoners before Justice Welch, there Tantrabobus owned he picked the man's pocket, and gave it to Matthews in his hammock; Matthews owned he had two 5 s. 3 d. pieces handed up by Tantrabobus, (13 s. 3 d. produced in court.) Prosecutor. Here is one 5 s. 3 d. piece I can swear to be my property. Antrobus's defence. I was threatened to be chained down if I would not tell, so I did tell. Antrobus Guilty . T . Matthews Acquitted . 620. (M.) John Parsingham , otherwise Parsons , was indicted for stealing a bay mare, value 5 l. the property of John Wells , Sept. 6 . || John Wells . I lost a bay mare out of a field, between Peckham and Camberwell in Surry ; I saw her over night on the 5th of September, and she was missing the next morning; I advertised her in two news-papers, and had some hand-bills dispersed about, and Mr. Taber stopped her the Monday after, which was I think the 12th. John Taber . I keep the Fox and Anchor Inn in Charter-house-lane; on Wednesday the 7th of September the mare was brought to my house about four in the afternoon by the prisoner; he put her up, and said he would call again the next morning; I never saw him from that time till the Tuesday following, which was the 12th; on the Saturday there came a man that said he came from the man that brought her, to know the expences; that man came again with spurs on, and no boots, and a whip in his hand, and said he came to pay the expences, and to take the mare away; I said, I should be glad to know what sort of a person you take me to be, to deliver the mare to the person I knew nothing of, without authority from the person that brought her; he went away: on the Monday morning I saw the advertisement in the paper, describing her; in consequence I wrote to Mr. Cooke in the Borough, where the advertisement directed; he came and said it was the very mare that was advertised for: on the Tuesday morning the prisoner came for the mare, my wife sent a message to Mr. Cooke, to let him know the man was come; I came down stairs, he desired I would make my bill out; I told him it was so much corn, and five shillings he borrowed of me when he came with her; I had got a constable ready, we secured him, and in four or five hours Mr. Wells and Mr. Cooke came; he said he knew nothing about stealing the mare; when he brought her, I think he said he was a farmer at Harrow, and had sold a load of hay. Q. Did he say how long he had had her? Taber. No, he did not. Prisoner's defence. I had been to Camberwell, and returning from there about half an hour after eight on the Monday night, there was this mare upon a little green with a bridle and saddle on, and a whip tied to her stirrup; I hallooed to see if she had throwed any body, I could find no body; I took and rode her, and put her up on the Wednesday at Mr. Taber's house; he says I borrowed five shillings of him, I had six shillings of him. Q. to Taber Did he tell you any thing about finding the mare? Taber. No, he did not. Guilty . Death . There was another indictment against him for stealing another mare. 621, 622. (L.) Sarah Lane , otherwise Roberts , widow , was indicted for stealing twelves reams of paper, value 6 l. the property of Archibald Hamilton ; and Mary Wright for receiving ten reams, part of the same, well knowing it to have been stolen , Aug. 3 . ++ Isaac Brackett . I am apprentice to Mr. Hamilton, a printer , in Falcon-court, Fleet-street ; he having lost a large quantity of paper at different times, I was set to watch on the 3d of August up one pair of stairs, to look down over the stair-case, the paper stood in the passage below near the door; about a quarter after six in the morning the prisoner Lane came in and took away a bundle; I followed her, and took it from under her cloak at the end of the court, and brought her back. Thomas Wright . Sarah Lane was a washer woman several years at Mr. Hamilton's; betwixt March and July my master lost large quantities of paper; after she was carried before Sir John Fielding , and committed, I went with her in the coach, she acknowledged she had taken five or six bundles in the whole, which is eight or ten reams, and had sold it to Mrs. Wright, who keeps a chandler's-shop in Shoe-lane; she acknowledged she had taken a bundle of blue, and a large bundle of demy, which we had missed but a little before; she said we should find them, with some odd quires, in a closet at Wright's, up one pair of stairs; I got a search-warrant, and in that closet found the large quantity of demy, it was the Gardeners Kalendar printed, and the bundle of blue, that is a particular sort which Mr. Hamilton had from Scotland, and an odd quire; a bundle contains two reams; in all we found six reams, and some odd quires; Wright said at our going in, and telling her what we came about, she had none, and we were welcome to search the house; the large demy is worth about 27 s. the blue about 11 s. and the Scotch paper about 25 s. a bundle; there were eighteen quire of copy-paper, and about seven or eight odd quires; I know all this paper to be the property of Mr. Hamilton; Wright acknowledged she had it of Lane, and that she gave her 5 s. 3 d. a bundle for it, and that she did not know the value of it; the next morning our warehouse-man told me he heard John Fishbourn had been employed by Wright to sell paper, he is here, and will give an account. Thomas Blundel . I am warehouse-man to Mr. Hamilton, the prisoner had washed for him three or four years; we missed paper several times, the first was eighteen quire of copy-paper in a bundle; about a month after we missed a bundle of large demy, about a month after that another bundle of the same; after that we set a watch, we missed a bundle of blue; after that, when a watch happened not to be set, the men watched by turns; the prisoner Lane was taken after she had taken a bundle of white about six in the morning; she was taken before a Magistrate, and committed; in going to Newgate she confessed the several bundles she had taken, and said we should find them in a closet up one pair of stairs in Wright's house; we went and found as she had said (he gave the same account of the quantity as the former evidence, and that he knew the paper to be the same which was taken from his master's house by the package of it, it having not been opened, but as it was when he received it. John Emmerton . I am a constable, I went with a search warrant to Mrs. Wright's house; I told her I had a search-warrant for paper that was stolen, she made no dispute; when up stairs I said, open that closet; she did, I believe there was no lock to it, there we found some bundles of paper; she said she gave 5 s. 3 d. a bundle for it, but to whom I know not; then we took her before my Lord Mayor, she was sent to the Compter for farther examination; the warehouse-man swore to the paper as Mr. Hamilton's property (the paper found in the closet, produced and deposed to by Blundel) John Fishbourn . I am a journey man printer, Mrs. Wright applied to me to sell some paper for her about the 28th of last June; I sold five reams to Mr. Brown for her, I had them of her from out of a one pair of stairs room; I received 45 s. and returned half a crown to the man that bought it, and gave her 30 s. and 6 d. and kept the rest myself; the next morning she desired me to take more, he gave me 20 s. for it; I returned him a shilling, and gave Mrs. Wright 15 s. out of it; she said she came honestly by it, but did not say who she had it of; about three weeks and three days after she applied to me, and asked whether we did not use blue paper in our business; I said, yes, for wrappers and covers of books; she said she believed she should have some in a few days; after that, she said in the room of blue, she had a bundle of white; I said this can never be right; she then said she had it of a person that belonged to a public office, and it was their perquisite; then she said if she thought the person stole it, she would have no more of her, but she had lent her a cloak, and she has pawned it for 5 s. 3 d. and she owed a chandler's-shop score, and as soon as she could get it she would have done with her. Q. How came you to keep so much money to yourself? Fishbourn. That is customary in our trade. Jane Fishbourn . I am wife to John Fishbourn ; I went to Mrs. Wright, and asked her how she could be so wicked to ask a man that she had known from his cradle to sell paper for her that she knew to be stolen; she said, if my husband had not mentioned the selling of it, no body would have known it to have been stolen; she desired me to come to her the next morning, I did; she said, if there are any wrappers on the paper, for God's sake go and take them off, for they can swear to none but the wrappers; I sent my little girl to Mr. Fellows, who helped my husband to the customer, and he sent word there were no wrappers on it. Blundel. I went to Mr. Brown's, and saw some paper, the Gardeners Kalendar, and Scotch paper, I knew it to be Mr. Hamilton's property. Lane's defence. My name is Sarah Roberts , I have been acquainted with Mrs. Wright a great while; when I have been in a little distress, she has trusted me six-pence or a shilling; I said I worked at Mr. Hamilton's, and we light the fine with waste paper; she asked me to bring her some, she gave me 3 s. for the first bundle; after that she told me, if I would bring her some more, she would get a customer for it; I did; she coniced me to go again; I told her I was afraid, she told me she would lend me her cloak to go in; I said I could not do it; I carried it, and pawned it for 5 s. 3 d. after that I fatched it out, and gave it her again; and the fourth time I went for paper I was detected; I never was guilty of any such thing before. She called Sarah Smith and Jane Roberts to her character, who said they had known her some years, and knew no harm of her. Wright's defence. This woman brought paper to me, and said she came honestly by it; that she worked at a public office, and it was her perquisite; at first she brought little quantities, seven or eight pounds, I allowed her 2 d. a pound for it; when she brought these large bundles, I much disputed it; she said I might be assured she came honestly by it, for she had worked many years in that house; I asked what it would come to; she said 5 s. 3 d. I gave it her, and when I opened it I would weigh it, and allow her 2 d. a pound; from time to time she repeated it, and always declared she came honestly by it; I never distrusted her, but took her to be an honest woman. She called Samuel Knowlton , a grocer in Fleet-street, who had known her four years, Nicholas Pratt , a baker, William Lloyd , John Bevit , a publican, John Barnet , Thomas Beard , a mason, all of Shoe-lane; Chesley Green, a taylor in White-friars, James Gibson , a mercer in Fleet-street, James Perry , a sword cutler in Holbourn, Sarah Sneep , in Fleet-street, Winifred Tapscote, a tobacconist in Holbourn, and Charles Wright , who gave her the character of an industrious honest woman. Lane Guilty . T . Wright Guilty . T 14 . 623. (L.) Joseph Higgins was indicted for stealing nineteen pair of worsted stockings, value 19 s. nine pair of woollen stockings, value 9 s. two worsted breeches pieces, three yards of baize, and nine yards of slannel , the property of Mess. Woolley and Burford. Oct. 4 . + Anthony Woolley . Mr. Burford and I are partners ; I had some suspicion of the prisoner, having lost something before, and it was hinted to me by some of my servants, that the prisoner and another was drinking one night pretty late together in my house; I asked him who it was; he answered, John Evans ; he was in a great tremor; I said, if you are an honest man, you can have no objection to my searching your box; I ordered my servant to go down with him for that purpose; the prisoner went first, opened his box, and threw out two bundles of stockings; the box was brought up to my counting-house, where we found some more packed up, sealed with black sealing wax, and directed for the prisoner at Mess. Woolley and Burford's; he acknowledged they were our property: after this I asked him if there was any thing else concealed, if he would tell I might be favourable to him; he told me there was a parcel at Mr. Evans's in St. Paul's Church-yard, which he had carried there; they were found there in consequence of his direction (the two bundles thrown out of the box, and what was found in the counting-house, produced and sworn to be Mess. Woolley and Burford's property, as also the parcel found at Evans's) Benjamin Linley . I was sent into the cellar where his box was; he opened his box, and I saw him throw two bundles out; the box was brought up, and more stockings found, directed to him at Mess. Woolley and Burford's. John Evans . I knew not what was in the parcel he brought to my house; I have been with him at Mess. Woolley and Burford's, but did not know he took any of Mr. Woolley's property. Prisoner's defence. I do not know how those stockings came in my box, the other parcel I carried to John Evans , but intended to fetch them back again. He called Nicholas Jordan , of Spitalfields, William Higgins , the prisoner's brother, and Owen Evans , of Moorfields, who gave him the character of an honest industrious young fellow. Guilty . T . 624, 625. (M.) Patrick Hanlon and William Miller were indicted for making an assault on Sarah Rogers , spinster , on the King's highway, putting her in corporal fear and danger of her life, and taking from her a guinea, a Spanish dollar, and a crown piece, her property, and against her will , July 9 . + Sarah Rogers . On Saturday the 9th of June (doubtless she meant July) I was going to Hampstead between ten and eleven at night; three men went up to the coachman and ordered him to stop; one came on one side, and another on the other on foot; one of them presented a pistol and said, if I did not deliver my money they would shoot me; I was alone in the coach; he that held the pistol took my purse out of my hand, there was gold and silver in it, but I cannot tell how many guineas, there were more than one, there was a crown piece and a Spanish dollar; I fainted away after he took my purse, I don't know the men. John Noaks . I think on Sunday the 10th of July there were repeated informations of robberies done on the new road; there was a coach ordered by Sir John Fielding, for people to go in to detect the robbers; I was one in the coach; we ordered to drive Gray's-inn lane way, and over the new road towards Tottenham court turnpike, about two fields before we came to the turnpike I said to the others in the coach, there stands two of them, (there were Haliburton, Bond, and Heley with me;) the words were no sooner out of my mouth but Leicestar the evidence here came up to the side where I sat, with a pistol in his hand; there came two of them on one side; we got out of the coach and took Leicester, the other men got away; Leicester told us where his companions were to be found, and confessed this robbery; then we came to the Little Old Bailey, where he told us Hanlon lodged, and took him in bed about two in the morning; after that we took Jones; then we went to Black friars to Miller's mother's, there we took Miller; he told me after he knew Hanlon and Leicester were taken, he in ended to go to Sir John Fielding and turn evidence against them; in searching his lodgings, he called me by my name and said, you need not search, I'll give you what I have; when I told him I had Hanlon and Leicester, he asked me if I had got their pistols; I said I had got one; then he said, I'll shew you I have no pistols, but I'll give you the powder and shot, which he took out of a salt-box (produced in court;) I asked him what was become of Mrs. Rogers's crown piece; he said Hanlon sold the crown piece, and gave him this dollar as part of his share of the money (produced in court.) S. Rogers. I believe this is my dollar. Noaks. We found the pistol in the road where Leicester fell down when we took him (produced,) it was loaded with a cherry stone. Miller. I brought that dollar from St. Kitt's. Noaks. William Haliburton is gone on particular business into Norfolk. John Leicester . Hanlon, Miller, and I, went out upon Hampstead road between ten and eleven at night; we robbed a lady in a coach of a guinea and a half, some silver, a Spanish dollar, and a crown piece; we all three had pistols; we divided the money equally alike; I bought clothes with mine, one had the crown and the other the dollar. Q. What day was this? Leicester. It was on a Saturday to the best of my knowledge; I was taken up the 10th of July; I am a jeweller by trade, Hanlon is a baker, Miller has been at sea, I don't know what trade he was brought up to. Hanlon's defence. That evidence knows nothing of the robbery; I worked with Mr. Shamborough, opposite White-chapel church at the time, but he is ill, and cannot come. Miller said nothing in his defence, but called Charity Crane, who lives in Bunhill-row, Eleanor Judd , in Bridgewater's-gardens, Jane Smith , who lodged at his mother's in Water-lane, Black friars, and Rebecca and Bridget Chandler , who said they knew no ill of him. Both Guilty . Death . There was another indictment against them for robbing Launcelot Shadwell on the highway. 626. (M.) Patrick Hanlon was again indicted with Benjamin Jones , for stopping John Noaks on the King's highway, with a certain pistol, the money of the said John to steal , July 10 . || John Noaks gave the same evidence as on the former trial. John Leicester . There were John Ekley and another not taken; Jones, Hanlon, and I, five of us in all, we stopped a coach; they got out, and I was taken, the others got off; we all agreed that night to go out to rob; Hanlon, I, and Jones, had each of us pistols. William Bond . I was with Noaks in the coach at the time they stopped the coach; they called to let down the blind, or they would blow our brains out; we got out of the coach, and Leicester was the only person we could take. Jones said nothing in his defence. He called Arthur Debit , who was a waiter at the Shakespear's Head, Drury-lane, who deposed Jones was there on the 10th of July, from a quarter after nine till the house was going to be shut up, which was about twelve. Hanlon Guilty . Jones Acquitted . There was another indictment against Hanlon for robbing James Hoare on the highway. 627. (L.) John Brown (a Black) was indicted for stealing a watch, with the dial plate and case gold, value 6 l. and a silver seal, value 2 s. the property of John Lewis , Sept. 23 . ++ John Lewis . I belong to the King's warehouse at the Custom house . On the day the King of Denmark dined at the Mansion-house, I was along with a gentleman to see the sight, within about four feet of the Mansion house gate , just by the gully-hole; the mob was so great we could get no farther; I was not stopped above half an hour; as soon as the mob dispersed I went away immediately; I did not miss my watch till I got almost as far as 'Change-alley in Cornhill, I had put it in my side pocket with my pocket-book, which had above 50 l. value in it; I found the bottom of my pocket cut, lining and all, on the inside my coat; had it been cut a quarter of an inch further, my book had sell out (he shewed the cut on the inside his coat;) this was on the Friday, and on the Monday I heard of my watch in the Daily Advertiser; there were several watches stopped, supposed to have been stolen; among the rest there was a gold one by a Black; I went to the Mansion-house, there I found the prisoner and my watch. John Hobbs . I am a silversmith, or rather a connoisseor, I live in Whitechapel. About 3 o'clock on a Saturday in the afternoon, William Chapman came to me and said, here is a gold watch to sell, it belongs to a man that brought it from abroad; he said, put your hat on and come along with me; I looked back and saw the prisoner behind him; I said, what do you do with that black thief here; I found the watch was old guts in new cases, it ran upon a diamond; the seal was a spread-eagle, and a German crest; we went in at the London Apprentice; I said to Chapman, take my advice and stop the watch; then we went down to the Black Boy in St. Catherine's; says Chapman to the prisoner, go along, you black bougre, what do you mean by getting me to sell your stolen goods, if Mr. Hobbs had not passed his word for me I should have been sent to goal; I wanted to get the prisoner to Mr. Brebrook's, but could get him no farther than Mansfield-street; I went into a house and asked assistance, saying the Black had stole some things; they would not assist me; when I went out the Black followed me, and said whereever he met me he would cut and scalp me, and clapped his hand to his pocket; we coaxed him to the Mansion house, then he took a spring and ran down Walbrook; we catched him and brought him to the Mansion-house; as we were going along he said, from Temple-bar to the Mansion-house, if he had had any body with him he could have mill'd many more, and that he twigg'd this very easy. Q. Where was you when he said this to you? Hobbs. This was as we were coming along before he ran away. William Chapman . I am a lighterman and waterman, I have known the prisoner four or five years; I was at dinner in my own house in St. Catherine's, the prisoner came in between twelve and one on a Saturday, and shewed me this watch; I went into my yard and opened it, I found it was a gold one; I said I would have no concern in it, it was a very dangerous affair; I went up to Mr. Hobbs with it, and we had a tankard of beer, and considered of it; then we stopped the prisoner, I had the watch at the same time; he told me in my house he had it of a sailor, after that he said he found it. William Miller . I had charge given me of the prisoner; the prisoner said he found the watch in Lombard-street just above the Mansion-house (the watch produced and deposed to.) Prisoner's defence. The day the King of Denmark dined at the Mansion house I was coming by, a coach had like to run over somebody by the corner of Lombard-street; a woman made a stoop to take the watch up, and I took it up and kept it from Friday till Saturday at four o'clock; then I went to Chapman's house, and said I had got a watch; said he, I'll carry it over the way and get a guinea upon it; I said I would keep it till it was advertised, then I would have the money for it; he said, no, that will not do, take it to Hobbs, perhaps he may give you the value of it; said I, I don't want to sell it, because I am perfectly sure it will be advertised; he took me to Hobb's house, then they came out to go towards Whitechapel church; he whispered me to give him the watch, I did; said he, we are going to see what the value of it is; he left me at the corner of Whitechapel church; I staid there three quarters of an hour; I told the woman at the alehouse I would go to St. Catherine's where I lived; I went there, and found them at the Black Boy; as I got in at the door, he said, go along, the watch is stopped; I said, if it is, I am the only person that found it, I will be stopped too; then Mr. Hobbs made a fort of a pretence to run away towards Tower-hill; I followed him, thinking he had the watch; we went up the Minories, they had a pot of beer, but I did not chuse to drink with any person that seemed to be so false. Prosecutor. I did not go home Lombard-street way, I went up by the Change. Acquitted . 628. Thomas Besford was indicted for making an assault on Sir Francis Blake Delaval . Knt. putting him in corporal fear and danger of his life, on the King's highway, and taking from his person a gold watch, value 20 l. a cornelian seal set in gold, value 10 s. and ten guineas in money, the property of the said Francis , May 31 . The prosecutor did not appear. Acquitted . See him tried, No. 583, in last Sessions Paper. 629. Anne, wife of Henry Thurlow , was indicted for stealing sixteen yards of printed linen, value 30 s. the property of James Brown , Oct. 13 . The prosecutor was called, and did not appear. Acquitted . The recognizance was ordered to be estreated. 630. David Williams was indicted for stealing a silver watch, value 40 s. and one silver seal, value 1 s. the property of Mark Littlewood , Oct. 19 . The Prosecutor did not appear. Acquitted . The recognizance was ordered to be estreated. 631. (M.) George Welldon was indicted for stealing a weather sheep, value 10 s. the property of Jonathan Parker , Oct 8, 1767 . || Jonathan Parker . About ten days before Michaelmas was twelve months, I lost a weather sheep out of my ground near Kentish town ; upon making enquiry I was told Mr. Summers knew something about it; I called upon him, he informed me he saw the prisoner putting something out of a sack into a ditch; that after he was gone he went and looked, and found it to be a sheepskin warm; the sheep I lost was bursten; I was shewed the skin, and am certain it was the skin of my sheep that was lost; I went to enquire after Welldon, and offered a guinea reward for him, but could not meet with him, till he was taken up by Mrs. Wheeler for money due for lodging; I applied to Mr. Clayton the constable, and got a search-warrant, and at the prisoner's lodging we found twenty-five pounds of sat melting over the fire; the prisoner said he did not know how it came there, and laid it upon another man who was discharged. William Summers . I live at Highgate; I was at work for a gentleman, the prisoner came along the foot path with something in a sack; he went into the field and down into a ditch; then he came out and up to me, and asked me what o'clock it was; I said it might be about a quarter after seven; he went and got half way over the stile, and got back again; that gave me a suspicion he had put something in the ditch; I went to the place and found a sheep-skin, it was warm; I took it to my work, and went in pursuit of the prisoner, but could not hear of him. The next day I believe I shewed it to Mr. Parker; I found the prisoner one evening at Highgate; I let him pass me forty or fifty yards, then I followed him and collared him, and told him what for; he offered me a shilling to let him go; we had two or three ups and downs; there was an Irishman desired me to let him get up; I did, and he got away; I never saw him after till before Sir John Fielding . Elizabeth Wheeler . I live near Red Lion-square; the prisoner lodged in my house three quarters of a year, or thereabouts; he used to be out of nights, and used to come in between eleven and one, or two o'clock in the morning; it is not a quarter of a year since he went away from me. Thomas Clayton . I am the constable; I had a search-warrant, I searched the prisoner's lodgings in Baker-street, Clerkenwell, the 7th of September last; I found twenty-five pounds and a half of tallow melting over the fire, and a piece of scrag of mutton all bloody, with two cords tied about the neck of it; I asked how it came to be tied so; he said it was for the child to play with; the sheep skin was mentioned to him that he put in the ditch, but he denied knowing any thing of it. Prisoner's defence. I have witnesses to prove what they have said against me is not true, I know nothing of any tallow. For the prisoner. Anne Baxter . I have known the prisoner two years; he did lodge with me about twelve months in White-Hart court, Long-lane, he left me last October; he behaved as a very honest just man; they went from me to Mrs. Wheeler's; he worked upon the roads, and kept constant to his labour, and came home at his hours; one morning he lay in bed very late, he said it was a rainy morning, and said he should not go out till breakfast time; he told me he had been detected as a sheep-stealer when he came home; that a man said he saw him in the morning between six and seven, and he was not out of my house that morning till between seven and eight; h e left my house on the Friday following. Charles M'Cay. I live in White Hart-court, Long-lane, near Smithfield; I have known him two years, he has a very honest character; I lay in Baxter's kitchen three or four nights; on Tuesday the 6th of October I think it was, I came down stairs and asked him how he did about 7 o'clock; he said very well; he said he was going up to Hampstead to fetch some tools away; I saw no more of him till night, then he said to me, what do you think, (he was pretty much in liquor) said he, there was a fellow at Highgate said I was a sheep-stealer. Q. Did he tell you how he got away from the man? M'Cay. He said a fellow workman came up and said, that man was more like a sheep-stealer than he, and that he had been branded in the hand in this court. Thomas Turner . I have known him seven years, he had always a good character; I am a farmer in Hertfordshire, he married my sister; I brought him up sat from Hertfordshire on Saturday in Bartholomew week, there were about two or three-and-twenty pounds of it. William Baxter . I am a house-keeper at No 8, White Hart-court, Long-lane; I am a clog-maker, he was a lodger in my house twelve months; he behaved like an honest man, I never heard he was accused of sheep-stealing. - Mills. I was foreman to Mr. English; the prisoner worked under me between thirteen and fourteen months, in that time he behaved well; he was gone from me two or three months before I heard of his being charged with sheep-stealing. Q. to E. Wheeler. How did he behave when he lodged with you? E. Wheeler. He did not behave like an honest man; Baxter and his wife used to come there and stay till one or two in the morning, and eat pork and mutton, and what they could get; the first I saw of this was a carcase of a sheep lying on the floor one morning; I asked the prisoner's wife how it came there; she came to my room and said, for God's sake, never mention it; I saw two lambs at a time there; they melted sat till they set the chimney on fire, there were forced to be two engines to put it out, or I had been burnt down; I desired them to go out of my house, and they would not, till at last they went away in a clandestine manner, and did not pay me; since that I have had some money; Baxter said to me here I shall not go home alive. Q. Who heard him say so? E. Wheeler. Mr. Clayton did. Clayton. Mrs. Wheeler was standing talking to me, Baxter shook his head at her and said, you wicked woman, you never will go alive home, them were his words; Mrs. Wheeler has been at my house, and given me information against the prisoner, and told me there were things brought in at unseasonable hours when the prisoner lodged there; she has desired me to go and search, saying there was a carcase in the house, but one thing or other hindered my going; we have watched about the house to see if any thing was brought in; I see since it was a great fault that I did not go and search. Guilty 10 d. T . Baxter was committed, till he got security to be bound with himself for his peaceable behaviour to Elizabeth Wheeler . 632. (M.) Richard Lynnard was indicted for stealing a striped silk and cotton waistcoat, value 4 s. a striped linen waistcoat, value 2 s. a pair of leather breeches, value 2 s. and a pair of worsted breeches, value 2 s. the property of John Dawson , Oct. 1 . ++ John Dawson . I am a salesman in Monmouth-street, the prisoner was my servant , he had taken a waistcoat of mine on a Saturday, and a neighbour of mine saw him with it on on the Sunday, and he told me of it; I challenged him with it, he owned it; then I challenged him with taking other things, he acknowledged he had, and they were found again by his information, at a pawnbroker's, three waistcoats and two pair of breeches. Jacob Lawrence . The prisoner pledged with me a waistcoat and two pair of breeches (produced and deposed to.) William Thomas . The prisoner pledged a waistcoat with me the 12th of September, for 2 s. 6 d. in his own name (produced and deposed to.) Prisoner's defence. At the time I took these things I was in great distress, people used to be coming after me for money that I owed; I did not take them away with intent to deprive my master of them. Guilty . T . 633. (L.) John Read was indicted for breaking and entering the dwelling-house of Peter Leay on the 13th of September , about two in the night, and stealing ten beaver hats, value 5 s. the property of the said Peter. + John Sapwell . Peter Leay is a hatter , and lives in Smithfield , I have worked for him some time. On the 14th of September we found one of the bars of the window was bent and taken out, and the shutter taken down, and a pane of glass broke, and the hats taken out of the window, ten or eleven of them; the shop is part of the dwelling-house. Thomas Miller . I live with Mr. Leay, he is very ill and cannot attend; our shop was broke the 13th of September, either late at night or early next morning; we left the house safe when we went to bed at eleven, and in the morning we found the front iron was wreached, and the shutter was taken down, and ten hats taken out; I was going into Whitechapel, I thought I would make Duke's-place in my way, to see if any Jews were hawking them about; I saw some hats in Lyon's shop; I went in under a pretence of buying a boy's hat; I saw one lying, I laid hold of it, he would not let me have it; I snatched it out of his hand, and in about ten minutes time I found six, there is part of my own work upon them; I know them to be Mr. Leay's property, they stand him in 3 l. 5 s. Hyam Isaac. I am an old clothes man; I bought six hats of the prisoner last Wednesday five weeks for 30 s. Sarah Hyam Isaac. I am wife to the last witness; the prisoner came with six hats, my husband bought them of nine for 30 s. I saw the money paid, and sold them again to Mr. Lyon for 36 s. after that my husband was pawn prison about them; after that the prisoner came one morning with some cotton to sell; I told him my husband was not at home, but desired him to stay; I went and got my husband out, and he secured the prisoner. Abraham Levi . Isaac and I live both in one yard; the prisoner had sold a bunle to Isaac, and Isaac not having money enough to pay him, he asked me to lend him some, but I had not enough, and was just going out; I did not see what was in the bundle; this was Wednesday was five weeks about eight in the morning. Prisoner's defence. I know nothing of the hats, I am a waterman and lighterman. He called James Grove, Thomas Ogleby , Sarah Wood , and Sarah Duncomb , who give him the character of an honest civil man. Guilty of stealing only . T . 634. (L.) Edward Cox was indicted for stealing a pair of silver shoe-buckles, value 10 s. the property of William Seaman , Oct. 10 . + William Seaman . I am boot-catcher at the Swan with Two Necks, Lad-lane . On the 9th of October I lost a pair of silver buckles from out of my room, they were found in the prisoner's pocket. Samuel Todd . I am a barber, the prisoner is my apprentice ; there is a passage leads out of my shop into the Swan with Two Necks yard; the boot-catcher having lost a pair of silver buckles, challenged the prisoner with them; I searched him, and found them in his pocket, (produced and deposed to,) I have nothing to say in his praise. Prisoner's defence. It is the first crime I ever did, and I never will do the like again. Guilty . T . 635. (L.) William Lawrence was indicted for stealing a silk handkerchief, value 10 d. the property of Charles Godfrey , Oct. 6 . + Charles Godfrey . Last Sunday I had been into Little Britain; coming home betwixt eight and nine at night, the prisoner and another boy followed me twenty yards; I felt my handkerchief going out of my pocket, I saw the prisoner give it to the other boy behind him, who ran off across the street; I secured the prisoner; he denied touching my handkerchief; he was searched, and two handkerchiefs were found about his neck and two in his breeches. Prisoner's defence. I am but fourteen years of age, my father is a weaver, and I am a draw-boy . Guilty . T . 636. (L.) John Roe was indicted for stealing a looking-glass, value 15 s. the property of Stephen Wright , Sept. 22 . + Stephen Wright . I live at the King's Head in the Poultry . On the 22d of September, about seven in the evening, a gentleman came and asked me if I had lost a pier-glass, he had seen some boys with one, and thought they went out of the passage; we went out, but could not find them: soon after I heard there was a boy gone to the Compter; I missed a glass which was not fastened with a screw, but hung up in a room. Charles Sinclare . On the 22d of September before eight o'clock at night, I saw the prisoner with two other boys in Cannon-street, he had a pier-glass, I thought they had stole it; Samuel Horsey went and asked him how he came by it; he threw it down and broke the glass to pieces; I took hold of him and delivered him to a constable, and he was committed to the Compter. Samuel Horsey gave the same evidence as Sinclare did. Richard Howard . I was servant at the King's Head, (the frame of the glass produced in court,) I know this to be Mr. Wright's property. Prisoner's defence. I was coming along Cannon-street, I heard the cry stop thief, and a gentleman laid hold of me, and took me away to the Compter; I go about the streets with greens with a jack-ass. Guilty . T . 637. (L.) Richard Hardy was indicted for stealing a linen handkerchief, value 10 d. the property of Matthew Alder , Oct. 7 . + Matthew Alder . On the 7th of October I was going along Leadenhall-street , about half an hour after ten at night; I felt the boy at the bar take my handkerchief from my pocket, I saw him throw it away; I took him directly to the Poultry Compter. Prisoner's defence. He licked me and used me very ill; I never did such a thing in my life, I am but 13 years old. Guilty . T . 638. (L.) William Polin was indicted for stealing a silk handkerchief, value 10 d. the property of Samuel Gist , Sept. 12 . + Samuel Gist . On Sunday the 12th of September, about four in the afternoon, going along Leaden-hall-street , the prisoner shoved against me; I turned round and saw he had got my handkerchief; I took him in custody, a constable happened to be by; he had put the handkerchief in his breeches, part of it hung out (produced and deposed to.) The prisoner said nothing in his defence. Guilty . T . 639. (L.) Edward Williams was indicted for returning from transportation before the expiration of his time . + The record of his trial and conviction was read in court, in which it appeared he was tried at the Old Bailey in June Sessions 1767, with Thomas Peak , for a burglary in the dwelling-house of Anne Slate , widow, in Angel-alley, Bishopsgate street, and stealing a quantity of wearing apparel; that he was found guilty and received sentence of death, and afterwards in July Sessions 1767, he received his Majesty's pardon on condition of being transported for the term of fourteen years. James Brebrook . I was at the taking the prisoner and Thomas Peak ; they were both tried here last June Sessions was twelve months for two burglaries, one in an alley in Bishopsgate-street, the other in Goodman's-fields; Williams was found guilty of both, I did not see him receive sentence; I knew him some time before by seeing him at Saltpetre-bank; I was after two house-breakers that were cast last Sessions; we had been out all night, coming into Goswell-street, there was the prisoner and another Edward Williams together, (that was he who was evidence against the two house-breakers, see No 502, 503, in last Sessions Paper;) Murray, who was one with us, brings the prisoner up and said, this is one of them he believed; I said I was very sorry to see him, he is one that was cast for life last year, and after that transported for 14 years; he was then in the hands of Smith, Pointer, and Murray. William Cogswell . I prosecuted the prisoner and Thomas Peak last June Sessions was twelve months here, for breaking my mother Anne Slate's house, and stealing divers things my property; I never saw him after he was tried till last night, but I know him to be the same, he was tried by the name of Edward Williams . James Murray . On the 17th of July as we were out after some people that broke a house at Islington, a watchman said, come along, here is one of them; I and two others with me went and took the prisoner in Compton-street, there were three or four more skulking about with him, this was between three and four in the morning; there were two other William's taken the same morning, they are brothers; I knew nothing of this prisoner till Brebrook told me he had returned from transportation. Brian Borrow . I was servant to Mr. Akerman between two and three years, but am now a servant at New Prison; I remember the prisoner's face, he was tried here, but I can't say I saw him receive sentence. Nathaniel Hill Streeton. I am a turnkey to Mr. Akerman; I know the prisoner very well, he was under sentence of death in Newgate, I cannot say as to the time; I know he was in the cell under sentence; I had a subpoena delivered me, or I had not given evidence. Prisoner's defence. It is of no signification for me to say any thing, when they swear as they do; I am a sailor, and served his Majesty 14 years, my name is Edward Williamson ; I left the ship in Jamaica, and came home about seven months ago to Bristol. Guilty . Death . 640. (M.) John M'Cloud was indicted for the wilful murder of John Stoddart ; he stood charged also on the coroner's inquest for the said murder, Sept. 3 . ++ At the request of the prisoner the evidences were examined separate. Miles Oddey . I live at the King's Arms, between St. John's street and Islington; on the 3d of September, a little before twelve at night, I was going down to the watch-house; near the turnpike I heard the cry of murder, I turned back again to the turnpike, I heard the blows and sticks go; I asked the turnpike man to go into the fields with me; he said he could not go off his duty; then I returned to the watch-house at Clerkenwell-green, they had heard the cry there; after that I went to Bridewell near one o'clock, there was Mr. Stoddart, the keeper, very much bruised, he had been stabbed and ill used; he was in his own house within the gate, very bloody, lying on his back on a pillow or bed; his clothes were taken off all but his shirt, he had his right-hand over his left-side on a wound; as soon as I could come near him, I asked him how he came to be in that condition; he said he was coming down from the New River Head , and two men came to me and demanded my money; and he answered, gentlemen, I beg you will not attempt to rob me, for I will not be robbed; then they sell to blows, he and they together, and they were too hard for him, and got him down, but if his stick had not failed him ( which was a sham cane) he believed he should have managed them; he said he had got one of their coats off, which he believed they had not time to take away, and told me whereabouts this was in the field; we went six of us, three the upper way, and three the lower, I was of the last; they that went the upper way got upon the spot, and had picked up a couple of wigs; in looking about I found a coat with metal buttons, it will be produced here; we found an old silk handkerchief about two or three yards from it; then we went Bagnigge Wells way, and from thence to Smithfield, to see if we could find the persons, it happened to be Bartholomew-fair time; we had an account there, that a man was seen running without hat, wig, or coat; we went to Black-boy-alley, Chick-lane, and the night-house by the water-side, but could not meet with any body that we suspected; we left a man belonging to Bridewell on the spot all night, who found the chain of Mr. Stoddart's watch; the watch was safe in Mr. Stoddart's pocket. Robert Gays . I am a brewer's servant; I was coming home by the King of Prossia near Sadler's Wells on Sunday morning the 4th of September, about ten minutes after twelve o'clock; a person said, there is murder called in the fields, he asked me to go into the field with him; I agreed to it; we went down off the bank, there the deceased lay about a yard from the rails, with his head on the ground on his face, he could not speak at first; I said, where do you come from; he said, Lord have mercy on me; he could not answer me where he came from some time; at last he said, I came but out of Clerkenwell Bridewell, let me go home; we led him home, and when I knocked at the gate they said, who is the officer, thinking we had brought a prisoner; then one l ooked at him, and said, it is my master; they fetched a bed, and laid him on the floor; Mr. Hart, a surgeon, was fetched; his thumb and left hand were bloody, and he had a cut across his eye; I told the people I could find the place where we found him, within half a yard; Mr. Langley, Mr. Welbank, I, and others, went to the place, there we found a hat and two wigs; then I went home to bed. William Langley . I was servant to the deceased; betwixt twelve and one, between the Saturday night and Sunday the 4th of September, my master was brought home by two or three men and a woman; I found him sitting on a bench in the yard, he said, I am a dead man, Langley; he said, two rascals stopped me in the first field, and said to him, d - n your eyes, your money or life; one of the villains sought fair, and the other cut him with a knife or cutlace; that he overpowered one of them, and got him down, and the other villain came and stabbed him under the breast; we took him up into the parlour, and set him in a chair, and called his sister; I went and called Mr. Hart the surgeon, he came and dressed him about one o'clock; when he was lying in bed, I found a wound on his left-side, an inch or an inch and a half long; his hands were very bloody, he had a cut across the top of his forehead; he said he tore one of the rascals coats off in the fields; we went several of us up into the field, there we found a hat, two wigs, a coat, and two or three pieces of a black silk handkerchief; I staid on the spot; just after day-light I observed a milkman pick up something; he went four or five yards, and put down his things, and came back again to look; I went to him, and said, have you lost any thing; he said, no, but I have found a silver button, he gave it me; I said, go over with me into the field, I will show you where my master was stabbed and the blood; there we found my master's watch-chain and a clasp-knife all bloody, within about two yards of it; I can swear to the chain by the seal, I know it well; I went to see the prisoner in Tothil-fields Bridewell the Friday after he was taken; he said he and Simpson stopped my master with intent to rob him, and that Simpson was the man that stabbed and cut him. Q. from prisoner. Was there not a promise made me if I would confess? Langley. Mr. Nicholls, the minister of Clerkenwell, said to him, if he would confess it might be a means of saving his life, if the other was taken; that was by making him an evidence. Thomas Barrow produced a violet coloured coat, with plain white metal buttons, two wigs, a hat, a piece of a handkerchief, and a clasp knife with a sharp point, bloody, the things found in the field. Thomas Johnson . I know this coat to belong to the prisoner; I have known him upwards of five years, he was an apprentice in Islington to a glazier; I have seen him wear this coat several times the last time was three or four days before this happened; he had used to wear a dark one curled wig, and a round hat; one of the wigs I look upon to belong to him. Q. What are you? Johnson. I am a coach-harness-maker; I was sent for to the public-house where the coat was hanging up, and asked if I knew it; I said it belonged to Jack the glazier, I did not know then of its being found in the field. Isabella Obrian . I live at the house of Mrs. Hall in Purpool-lane, I have known the prisoner about eight months; this coat, handkerchief, and one of the wigs belong to him; there has been an intimacy between me and him about six months; the night this happened, he came home to me between eleven and twelve, I was in bed, I had no light; the next morning he said he had been at Bartholomew-fair, and been fighting, and had lost his coat; I found he came home without coat, shirt, or wig; the other wig and hat were Simpson's, they both used to come backwards and forwards to me frequently; I have known Simpson as long as I have M'Cloud. Court. Is not this unhappy affair enough to deter you from the course of life you are in; in all likelihood this happened through your extravagance; it ought to be a warning to you to take to a more honest course of life; this may be a terror to your mind as long as you live. Swan Dowlan. I served my time with the prisoner's brother, I have been acquainted with him about two years; this knife is mine, I lent it to Tim Simpson the barber, and I believe this hat to be Tim's hat; I think the prisoner at the bar wore this coat, it is like the colour. John Manning . I live at the Red Lion, Islington; that Sunday morning a gentleman came up stairs to me when I was in bed, and told me Stoddart had been robbed and murdered; as soon as I saw the coat I knew it; I have seen the prisoner with it on six or seven times, not less, it may be many more. Nathaniel Hart . I am a surgeon, I was called in to Mr. Stoddart on the 4th of September, about one in the morning; I found several wounds about him, but the greatest injury seemed to be on his left-side; he had a great difficulty in fetching his breath, and he spit some blood, there was a cut about an inch and a half long on his side; I dressed him, and after a few days he appeared to get rather better; on Tuesday the 13th in the morning I found him much worse, he complained of a great fulness in his stomach, and of a greater difficulty of breathing; he continued growing worse and worse, till the day he died, which was the 18th; I opened the body, and found the left cavity of the thorax near full of an extravasated fluid, which was the cause of his death; I saw him in health about an hour before he went out that evening; that wound had not past very far on his side, his death could not have been from that; he said he had been beat and trod upon by two footpads that used him very ill, it must be the bruises that occasioned his death; I desired him at first not to talk, as it would be injurious to him; but when he began to get a little better he gave a particular account, and frequently repeated to me that he was stopped at the end of a lane by Islington Spaw by two fellows, who demanded his money or life; that he said, you rascals, I hope you shall have neither; that he had them down several times in the lane, and in the ditch, and they endeavoured to get away from him, and he ran after them, and got one by the coat, which the man slipped off; then he took hold of him, and tore his shirt off, and left him naked, but being faint by the loss of blood, he could not stand it any longer, and they got away from him; one ran away, and he had the other in a ditch, and the other came back again and cut him, he thought with a cutlace; he said, sometimes he was down, and at other times they were; he said he remembered receiving a blow on his side, which he thought was by a stick, which I think occasioned that extravasated fluid, which deprived the left lobe of the lungs from receiving any air, which hindered it by way of suffocation; I saw a cut in his coat where the wound on his side was, he mentioned being beat by both of them. William Davis . I live in Wood's-close, I went along with two or three of my acquaintances to the prisoner to Tothil-fields Bridewell; I asked him if I might ask him any questions; he said, yes; I said, I heard there was a woman in company, was it so; he said, no, there was no woman in company; they went out with intent to rob, and Simpson attacked Mr. Stoddart first, and he came up when they were scuffling, and all of them went down together, and he fell with his two knees on the deceased's breast; he said they had an intent to rob, but not to murder; I went out of mere curiosity, not thinking I should be called upon to come here; it had been talked that they had a woman in company, and the deceased insisted upon having her from them. James Elmore . I went last Thursday was a fortnight or three weeks to the prisoner, and asked him what was become of Tim Simpson ; he said he left him about a fortnight ago at his brother's at Brentford; I asked him whether he stopped Mr. Stoddart to rob him; he said, yes, he and Tim Simpson did, and that he did not know where Simpson was; they had agreed to part. Prisoner's defence. The day that this misfortune happened, Tim Simpson and I went into Bartholomew-fair, and then I went up to Islington, in order to go to a friend's house that I expected was gone to Waltham-cross; I returned by the King of Prussia, and met Simpson again; we came by the river side, and stopped at the London Spaw to make water; he went forward, and when I came up I found Tim Simpson and the man on the ground; I took hold of the man's arm, and said, what is the matter; he struck me with a stick, and knocked me down, I got up, and he knocked me down again; I put my hand upon the rail, and jumped over he followed me, and said, you dog, I will have your life; he got hold of my coat, and pulled it off, then I made off, and went to my lodging. He called John Waters , a tin-plate-worker at Islington, Thomas Denney , a smith, Matthew Blunt , a barber, David Williams , John Steward , Anne Askins , Robert Tittle , William Barrow , David Williams , Nicholas Wilson , Mr. Goring, and Mrs. Chandler, who gave an account be was well brought up, and had behaved exceeding well till lately. Guilty . Death . This being Friday, he received sentence immediately, to be executed on the Monday following; and his body to be dissected and anatomized. 641. (L.) Gad Shepherd was indicted for conspiring, with two other persons to the jury unknown, to cheat and defraud Thomas Wise of nine guineas, and two 10 l. bank notes , Aug. 8, 1767 . ++ Thomas Wise . I live at Redburn in Hertfordshire; I came to town the 8th of August, 1767, on purpose to take a draft of 30 l. of Mr. Green of Thames street; I went there, and was told he would not be at home within two hours; I went on London bridge to pass some time away, while I was standing there the prisoner came to me, I never saw him in my life before; he said, how do you do brother farmer; I said, I was very well; he asked me if the water-works were not some mill, and said he was a stranger in London, that he kept a farm at Bristol of 80 or 90 l. a year of his own, and that he was come to London to take about 70 or 80 l. and was disappointed, and had not taken it at present; I told him I came to receive a bill of 30 l. but the gentleman was not at home; after some time I wished him a good night, saying, I must go home; he said, we being brother farmers must drink together; we went into an alehouse just going up the hill, and had sixpennyworth of rum and water; I said I must go, I went out; he said he was going my way; I walked to the Change, still he followed me; I had told him I was to go to the gentleman in two hours time for the money; he told me he would take me to where was a pot of good porter, then we went to the Coach and Horses in Bishopsgate-street; I went to sit down in a box, he said, no, we had better go into another room; we went into a private room, in about two or three minutes in came two men, one of them shammed very fuddled, and said, d - n it, I have been tossing up with some butchers boys, and lost 5 l. and said, d - n it, he ha not cared if it had been an hundred; they did not seem to be acquainted at first with the prisoner, but they soon got to be acquainted; the prisoner asked him how he lost it; he said in toffing, and that he could guess three times out of four; said the prisoner, d - n it, I will lay you a shilling you do not; he and the darken man pretended to toss for a shilling, the prisoner tossed up, and the other was to guess; the prisoner won; then the other said he would give him a toss for 40 or 50 l. the prisoner asked me if I had any money about me; I said, no, nothing but that note I was to get change for; come, said he, I will go with you to the gentleman; he went down with me, the gentleman was not at home that time; we came back again, and staid some time; then I and one of the other men went down, and then the gentleman paid me, I think nine guineas and a half, and six pence, and two 10 l. bank notes; we came up to them again, then there happened to be two strange gentlemen come into the room; then the prisoner said, it will not do here, there was a bustle among them; they paid the reckoning, and went out and I with them; when in the street the prisoner said to me, come along farmer, we must drink together; they went to the Nag's Head Tavern in Leadenhall-street , then one of the other men began the conversation again; the prisoner asked me if I would toss up with that man; I said, I would not, I was no gambler; upon which he said, farmer, if you will lay your money down upon the table, you shall have it again, for I am sure of winning; as soon as I had laid my money and notes down, they began to hide under a hat; upon which the third man desired me to go out of the room with him, saying, he wanted to speak with me; when I got out into the street, he said he was going to receive some money; I began to think of having left my money with two strangers; when I went in again, the men, my money, and two 10 l. notes were gone; upon this I went to Sir John Fielding , and gave him an account of it. Prisoner's defence. I was just come from Devonshire; when we were in that house we were at play, he and I won a shilling; then he took one of the parties to go with him to get change for a draft, he went out to Leadenhall street, there we played; I was to go 10 l. he 10 l. and the other man 10 l. I had no connection with the other men, I know nothing of them, I lost my money as well as he; after the first 10 l. was lost, he played for the two notes. Prosecutor. There is not a word of truth in what he has said. He called William Stewart , a taylor in Jewin-street, with whom he had lodged three months, who said he understood the prisoner was a biscuit-baker, but could say nothing as to his character. Guilty . Im. [Provide sureties for good behaviour. See summary.] [Fine. See summary.] 642. (L.) Margaret, wife of William Flanady , was indicted for wilful and corrupt perjury, on a trial before Lord Chief Justice Wilmott, upon an issue depending in the court of Common. Pleas at Guildhall , between George Davis , Gent. plaintiff, and Thomas Hanway , Esq; and others, defendants , July 2 . ++ The witnesses were examined apart. The record of the trial produced by James Collins . Nathaniel Jennes . I am clerk to Commissioner Hanway. I was at the trial in the court of Common Pleas, between George Davis and Commissioner Hanway on the 2d of July last at Guild-hall, before Lord Chief Justice Wilmott; I remember the prisoner being sworn, and giving her evidence; she there swore she saw George Davis with handcuffs on his hands, and at the same time pointed to him; that she saw handcuffs on his hands in the gateway at Chatham yard, and that he was carried from the gateway to the Justices handcuffed, and that she saw him with handcuffs on in the Justice's parlour, the Justices were Mr. Fletcher and Mr. Wildash; that it was in Mr. Fletcher's house, she said she knew one, but not the other; that a rope was put about his neck, and she saw it about his neck in the Justice's parlour; being asked, she said they were all Justices, that there were twelve of them; the Justices were pointed to her in court, she knew one out not the other, I think was Mr. Wildash that she did know; she said was on the 30th of April, 1766; I saw him in the gateway, I never saw him handcuffed, nor with a rope about his neck. William Painter . I was present on the 2d of July when the cause was tried in Guildhall; the prisoner positively said George Davis had handcuffs on his hands, but I do not recollect she said where he was at the time, but she said she saw a rope about his neck in the Justice's parlour before the Justices, and that it was on the 30th of April, 1766; the names of the two Justices were Mr. Fletcher and Mr. Wildash; I saw him and Eleanor Mahony in custody, and heard them examined in the Pay-office; he was not handcuffed, neither had he a rope about his neck; I am a clerk to the Commissioners of the Navy, I am sent down there to calculate seamen's wages; I saw George Davis in the Justice's parlour, he had neither handcuffs on his hands, not a rope about his neck, if there had been either I must have seen them. James Malpass . I am a clerk to the Treasurers of the Navy; I was at Guildhall on the trial between George Davis and Commissioner Hanway; I remember the prisoner being examined as a witness; she swore George Davis was handcuffed in the Commissioner's office, and from thence he was carried to the gateway in the yard, and from thence to the Justices, handcuffed, and that he had a rope put about his neck in the Justice's room; and that the Commissioner took hold of the rope and said, this is the way you will go; I heard the Commissioner order him to be taken into custody, it was on the 30th of April, 1766; he was not handcuffed, I have been told there is no such thing in the yard; I saw him go out of the office, he was not handcuffed then; I was there when he came into the office and went out again, he had no handcuffs on the time I saw him, neither can I believe it would have been suffered to be done; I did not see him after he went out of the office. Barber Fennel . My business is to attend the Pay-office at Chatham; I was present at the trial at Guildhall, betwixt George Davis and Commissioner Hanway; I heard the prisoner examined on that trial; she said that George Davis had handcuffs on his hands pointing to him, and he had a rope about his neck before the Justices in the Justice's parlour, and that he had handcuffs on before he came to the Justices; this was at Chatham, in April 1766. I saw George Davis before the two Justices in the Justice's parlour at that time, he had no handcuffs on him at any time there, he had no rope about his neck; I should have seen them if he had; I never heard of handcuffs or a rope, till I was in the court in Guildhall at that trial. Mr. Fletcher. I am a Justice of the peace for the county of Kent; I was subpoened to attend the trial at Guildhall last July, on a cause between George Davis and Commissioner Hanway; I remember the prisoner there; part of her evidence struck me much; she swore she saw George Davis before the Justices, and in the Justice's parlour, with handcuffs on his hands and a rope about his neck, to make him confess; so far from that being true, there were no handcuffs on when he came to the house; I went out of the gateway to receive Mr. Hanway, who is a gentleman of rank; I asked him who was the prisoner; he told me it was young Davis; there were no handcuffs on him then; there were no handcuffs on him in my parlour, neither was any rope put about his neck; after he was discharged he thanked the Commissioner, and thanked the constable, and thanked us all for the civility he had received; Mr. Wildash happened to dine with me that day, neither handcuffs nor a rope were mentioned, and I am sure I ought to be struck out of the commission of the peace if ever I suffered it, we have no such thing as a handcuff to be got. Mr. Wildash. I am the other Magistrate that examined George Davis ; I was at Guildhall on the trial on the 2d of July; I remember the woman at the bar being sworn, and giving her evidence; she there swore George Davis had handcuffs on, and a rope put about his neck; that he had handcuffs either in or at the Justice's on the 30th of April, 1766; he had no rope put about his neck, nor no handcuffs on his hands while before us; I was there the whole time of examination; I was there when he was dismissed out of custody at the Commissioner's office; I never heard a word of handcuffs or a rope till in Guildhall on that trial. Michael Pank . I was a constable at the time George Davis was examined before Commissioner Hanway; he was delivered into my custody from the Commissioner's office; I went with him to the gateway, I saw no handcuffs on him, I had no handcuffs, I never saw any in the dock-yard; I carried him from the gateway to the Justices, he had no handcuffs on then; I was not in the parlour, I was at the door, he had no handcuffs on then; I saw no rope about his neck, he had no handcuffs on when delivered into my custody; he behaved with a great deal of good order, there was no reason to use him ill; had he been my own brother I could not have used him better. On the 3d of May when he had his enlargement, he said to the Justices, I wish you a good night, and I thank you for your civility; I said to him, I wish you a good night and well home; said he, Mr. Pank, if you ever come to London I shall be very glad to see you for your civility, and left me a note where I should come to him. Thomas Tomlin . I was at the trial at Guildhall on the 2d of July, I heard the woman at the bar say that young Davis had handcuffs on under the gateway; that he was conveyed away from thence to the Justices handcuffed, and he had a halter put about his neck in the Justice's house, and appeared so in the parlour with a rope about his neck; I was in court all the time of the trial. For the prisoner. George Davis . My father got leave from St. Paul's school to send me down to settle with one Mahony; I went there with her and Mrs. Flanady; I went to Mr. Way's, he was not at home, he was in the dock-yard, he was a publican; he is a trumped up Justice and an usurer. that deals in seamen's affairs, and extorting of money; first I saw Nathaniel Jennes , he bid us sit down till the Commissioner came in; he took a piece of paper and wrote down what we must say; the woman said the money was about 60 l. I cannot tell the sum; Hanway sent for me, we went in; he sent out Jennes for two constables to take us; I said, Sir, I wonder I should be charged for nothing; said Hanway, you are guilty of this felony. and I'll swear before the Justice you are guilty; said I, it is not a capital offence; yes, it is, said he, and by G - d I'll hang you all three; he took me into a room, and ordered a pair of handcuffs to be put upon my hands, and said, d - n him, screw him down, screw him down, Hanway and Way were by; then they put a rope about my neck to make me confess, this was in the office, he will then own it, said Hanway. Q. What were the handcuffs made of? Davis. They are iron or steel; they were put about my wrists, and they cut me as bad as a knife; he bullied us and threatened us, and told us what he would do, and that he never failed hanging; the woman, old Mrs. Mahony, came and begged and prayed, and said, do not abuse the young man, and said he knows nothing of the things, I am sure he is innocent; said he, he is not innocent, I'll hang him by G - d; he did send for a rope in the office, and it was put about my neck to make me confess to a forgery; I was taken from that office to under the dock gate, and there I was put up stairs, and the two women below; they were on me all the time I was in that place; they took them off at Thomas Fletcher 's door; the rope was on me about five or ten minutes, they pulled that off before I went out of the office; they pulled down my coat sleeves and bullied me, and said, let them see his ruffles, here is a lawyer has got ruffles, and made game at me; he pretended to be a constable, and what he was not entitled to. Q. How long did you stay in the office? Davis. I staid there the best part of an hour; after we had been seven hours in custody, from eleven in the forenoon till six at night, exposed to a great mob of people, the handcuffs were taken off before I went in at the Justice's. On his cross examination he said Mahony could not speak English, that Flanady went as an interpreter for her; that Mr. Hanway was a second jack-catch, he believed he was equal to him; that be ordered the handcuffs to be screwed hard; that Pank the constable was by at the time; that he complained the handcuffs cut him; that they were put on in the Pay-office; that the handcuffs and rope were both on him together; that the rope was taken off in the Pay-office; that Mahony heard him complain, and said the young man is innocent of the thing, if any body was faulty it was herself, that he heard her say so to Mr. Hanway; that he was in custody from Wednesday at eleven o'clock till the Saturday at eleven; that Mr. Way shewed the people his handcuffs upon his hands, and the gibbet of two men hanging; that he called them ruffles, and exposed him to a great number of people; that a vast number saw his handcuffs; that they put him to extreme torture; that Mr. Best a Justice of the Peace observed them; that they put him in a dirty place, not sit for a chimney-sweeper to be put in; that one of the Justices observed his hands to be dirty and bloody, he thinks it was Mr. Fletcher; that his handcuffs were plain to be seem by any body that was in the Justice's parlour; that he told the Justices he had been handcuffed the first time of coming in; that he was three or four times in before the Justices; being asked if the people observed his handcuffs, he said he supposed the people would not see, because they had a mind to favour Mr. Hanway; that he would suborn them; that he complained but once, because the Justices snubbed him; being asked which Justice, he said Mr. Fletcher; that Mr. Fletcher and Mr. Wildash both said it was no letter than be deserved, that was his being handcuffed; that he never returned Mr. Hanway thanks, nor the constable; that he never invited him to come to see him in London; that the rope was squeezed hard, ready to hang him; and that he could not tell who was the man that put the rope on him. Eleanor Mahony could speak nothing but Irish, an interpreter was sworn. Her evidence as follows. Eleanor Mahony . I remember when George Davis was in the office at Chatham; I saw things screwed on his hands, it was a sort of an iron; after that he was separated from me, and I did not see them upon him after that; I can't say any thing more about it. Q. Do you recollect any thing about a rope? E. Mahony. I can't recollect any circumstance about a rope; Flanady requested a spotted handkerchief to put between the young man's hands and the iron. Q. Did you see the man that put them on his hands? E. Mahony. No; I saw them on about ten o'clock in the day, I stood close to him. Q. Did you understand Commissioner Hanway when he said he would put ruffles on him? E. Mahony. I did, that was meaning the irons. Q. Did you understand him though he spoke it in English? E. Mahony. I did; I let myself down on my knees, and asked pardon for the young man. Q. Was you in the room all the time young Davis was there? E. Mahony. I was. Q. Were there many people in the office? E. Mahony. There were a great many, so that I could not very well see him sometimes, the people were all round us. Mary Elliot . I remember the time that George Davis was at Commissioner Hanway's, I then lived servant at the Salt-water Bath at Chatham; I remember seeing him come out of the dock; I saw his handcuffs on him, upon my oath I saw his hands dirty and bloody; they were carrying him to the Justice's, I was standing at my master's door. Q. Are you sure of it? M. Elliot. I am perfectly sure of it. Cross examination. Q. What time of the day was this? M. Elliot. I cannot tell. Q. How long had you lived there? M. Elliot. Almost three years. Q. Is that in the way from the yard to Mr. Fletcher's to go by the Salt-water Bath? M. Elliot. I mean that is the way to Mr. Best's; I saw him go past, and I followed him; he was going up Chatham-street, he had his handcuffs on and a mob about him. Q. Did you know him before? M. Elliot. No, but I saw him in London since; I met him as I happened to go through Clement's-inn and stopped him, and asked him how he did, and if he was not the person that I saw with handcuffs on at Chatham. * Q. When was this? M. Elliot. This was about six months after that. Q. Did you speak to him when you saw him at Chatham? M. Elliot. I did, but whether he heard me or not I cannot say; I pitied him, and said I was sorry the poor man should be drawn along so. Q. Have you kept up an acquaintance since you saw him in London? M. Elliot. I have; I have since gone to visit his papa. Q. Where did you live when you met him in London? M. Elliot. I lived with Capt. Wood in Goodman's-fields. Q. How far was he from the dock-gate when you saw him first? M. Elliot. Not so far as a quarter of a mile. Q. Where did you meet him in London? M. Elliot. He was standing at his father's door, and asked me to come in. Q. How long have you been come from Chatham? M. Elliot. About a year and a half, or not so much. Q. Where did you come to when you came to London? M. Elliot. I went to Epping first; I staid there about three or four months; the first place after that was at Capt. Wood's. Q. How long after you came to Capt. Wood's before you met with this young man? M. Elliot. I do not think it was quite two months. Q. What is Mr. Best? M. Elliot. He is a Justice of the Peace. Anne Hughes . I was down in the country last April was two years in Chatham. Q. Where do you live? A. Hughes. I live in Lumber-court; I heard a lawyer's son out of London had handcuffs on; I saw him, and saw handcuffs upon him. Q. Upon your oath did you? A. Hughes. Upon my oath I did; he was coming out of the yard at Chatham, the mob was gathered, and I came out among the mob. Q. What day was this? A. Hughes. I don't remember the day. Q. What time of the day? A. Hughes. I don't know. Q. Was it early in the morning? A. Hughes. It was in the afternoon. Q. How many days might you stay at Chatham after this? A. Hughes. Never a day at all; I came up to London and sold my things as I came along. Q. How came you to find it out that it was this young man? A. Hughes. Because he was coming thro' Lumber-court, and I took notice of him by the cast of his eye. Q. How long is that ago? A. Hughes. That was half a year ago; I was in the court and knew him directly; there was a woman along with him, it was the prisoner at the bar; it was she subpoened me, that is Mr. Davis did. Q. Had you ever had any conversation with the prisoner about this affair before you was subpoened? A. Hughes. No, not till I was subpoened. Q. How came they to know where to find you out? A. Hughes. Because I knew them, and I said, this is the young man that was handcuffed at Chatham; I am certain that was all that passed between me and him till I was subpoened. Q. How do you know it was two years ago last April? A. Hughes. Because that was the time I was there. Q. What was your business at Chatham? A. Hughes. I sell laces and garters. Q. By what do you know you was at Chatham at that time? A. Hughes. I can't swear to the week nor to the month, but I know it was two years ago last April. Q. Are you sure it was not September? A. Hughes. I am not very certain whether it was April or September. Q. Are you sure whether it was summer or winter? A. Hughes. I am sure it was in the month of April. Q. Was it summer or winter? A. Hughes. It was April that comes after the month of May. Q. Where is Lumber-court? A. Hughes. It is by the Seven Dials in West-street. Q. Did the young man that had the handcuffs on say any thing to you about April? A. Hughes. No, but I knew it was April. Q. Was you examined at Guildhall? A. Hughes. I never was at no hall in my life. Sarah Minet . I saw young Davis at Chatham in the dock-yard, there was a crowd; I had been drinking a pint of beer at the Globe alehouse with Mrs. Hughes. Q. When was this? S. Minet. It is about two years ago; I went out of curiosity to see what was the matter; I saw him with handcuffs on him, upon my oath I did, in the dock-yard; I saw no more; I endeavoured to get out of the croud as soon as I could; Mrs. Hughes brought me into the country with laces and garters. Q. Where do you live? S. Minet. I live in Smart's-buildings in Holbourn; I used to go with her with laces and garters. Q. How often have you gone down there? S. Minet. I never was there before. Q. What time was this? S. Minet. I believe it was in May or April, I don't know which; I know it was in the beginning of summer. Q. What month is the present? S. Minet. It is October I believe. Q. Was Mrs. Hughes in the dock-yard with you at the time? S. Minet. She was. Q. Did you ever see that young man before? S. Minet. No, never in my life. Q. When did you see him next? S. Minet. Mrs. Hughes was drinking a pint of beer at the Black Dog in St. Giles's; she came to me and said, do you remember the young fellow you saw at Chatham that was handcuffed. Q. When did she mention this to you? S. Minet. This was yesterday morning; said she, should you know him again; I sai d, yes, for he had a cast in his eye; she brings him down, I said indeed that is the young fellow; I said, Sir, did I ever see you at Chatham; said he, if you are a person that saw me at Chatham, I am glad to see you, and he made me drink out of his pint pot; then he took me to another house, and made me take a shilling and this paper, and said no more to me; I was to appear in regard to seeing him handcuffed; he asked me no particulars at all, only to speak the truth. Q. How long had Mrs. Hughes and you been at Chatham before you saw this young man? S. Minet. Not many days, perhaps three or four. Q. How soon after you had seen him did you make for London? S. Minet. We made our way for London that day, to the best of my knowledge; I can't recollect the particulars of every thing. Anne Carey . I was going along, and I went into that place where Margaret Flanady was tried; she said Mr. Davis had handcuffs on him coming out of some gentleman's yard, and she said the old woman was put into a fort of a centry-box, and Mr. Davis in a place above her head; I heard her say something about a parlour, but what it was I do not know. Patrick Reading . I heard what the prisoner swore, she swore the man was handcuffed in Mr. Hanway's house at Chatham, and they were separated and put in a hole, Davis in a top hole, and she could not see him after that; and when they went to the Justice's house, she could not tell whether the handcuffs were on him as he was going along or no. Q. Do you remember her talking about a rope being upon him? Reading. I cannot charge my memory with that. Q. to Mr. Fletcher. Did you observe Davis's hands to be bloody? Mr. Fletcher. They were not bloody; I used him with as great good manners as I could any gentleman; there was not a word mentioned of handcuffs; I treated him with all the lenity a person in his circumstances could be treated with. Q. to Mr. Wildash. Did you observe his hands to be bloody? Mr. Wildash. His hands were not bloody at all. Q. Did he complain about his hands being hurt by handcuffs? Mr. Wildash. There is not a word of it true, I never heard a word of handcuffs till upon that trial at Guildhall. Q. to Mr. Fletcher. Is the way to Mr. Best's at all in the way from the dock to your house? Mr. Fletcher No, I live out of the town; it is not at all in the way to my house from the dock-yard to go by the Salt-water Bath; to go by Salt-water Bath is no more in the way than from here Westminster is in the way to Aldgate. Q. Whether this young man was ever carried the Salt-water Bath way to your house? Mr. Fletcher. No, he was not, he was carried from my house to Brompton. Q. to Pank. After the examination at Mr. Fletcher's house, where was the prisoner carried to? Pank. He was carried to Brompton. Q. Was he ever carried from the first time of being taken up by Salt-water Bath? Pank. No, he never was. Guilty . T . George Davis was committed to be tried for perjury. 643. (L.) Catherine Quin , otherwise Harding , widow , was indicted for wilful and corrupt perjury before Sir Sydney Stafford Smythe, Knt. in her answer to a bill filed in the Court of Exchequer , June 11 . ++ Mr. Lawrence produced the bill, and her answer. Mr. Fry. I am clerk to Mr. Baron Smythe , I was present at the taking this answer, the capias is my hand-writing, and the other is Mr. Baron Smythe 's hand-writing; I believe it was sworn by me; I have no doubt but it was sworn by somebody that went by the name of Catherine Quin ; I do not know that ever I wrote a capias in my life without swearing the person; I think I remember the prisoner, but will not swear positive; I do remember a good deal of the transaction. Edward Milbourn . I have known the defendant a great many years (he takes the answer in his hand) I really believe this her name to be her handwriting; I have done a great deal of business for her, and have seen her write many times. Part of the bill read. The contents to this purport: "That Catherine Butler delivered to the said " Catherine Quin , in the Back lane, Dublin, "several things (as the answer will show) to put "them in her chest, which the said Quin never "delivered to her again, but converted them to "her own use, without the consent of the said " Catherine Butler ." And another account to this purport: "That the said Catherine Quin wrote a letter "to 'Squire Butler in Ireland, with intent to obtain "a considerable sum from him, under various "schemes and pretences. " Part of the answer read. The contents to this purport: "That Catherine Butler never delivered a "snuff-box set in gold with a picture in it, several "pearls and diamond rings, as in the bill "mentioned to the said Catherine Quin , nor "were ever such kind of things ever put in her "chest; and that she never wrote a letter to "'Squire Butler, in order to obtain any sum of "money whatsoever, or for any schemes whatsoever." Mary Thompson . The prisoner did live in the Hay-market, she is an upholsterer, and sold clothes to women of the town; I was in Dublin about the year 1755, I saw Mrs. Quin and Catherine Butler together, on the delivery of a box of jewels that I had in my house of Catherine Butler 's, this was at the Job in the Back-lane, Dublin; my husband was a periwig maker, Catherine Butler was my own sister, she was at that time preparing to go to England by means of Mrs. Quin; I remember it was at the time my son was at my breast, he is now between 13 and 14 years old; they had not been there above three days before I brought the trunk in a coach along with Catherine Butler ; there were a box of diamonds, a gold watch with a diamond on it, a diamond broach that had three or four and thirty diamonds on it, that she put in her handkerchief; there were twelve rings with diamonds, to the best of my recollection, and several things that I cannot recollect; I was told there were above 100 l. worth of pearls; there was a blood stone that she used to put at her back down her neck, which was very valuable; it was a little brown trunk, I brought it in a box, all the property of Catherine Butler ; Mrs. Quin was desiring her to return away from 'Squire Butler, with whom she lived, he had brought her from London there; when Mrs. Quin came there, she came to my house to enquire for my sister, and I delivered these things to Catherine Quin , by the order of Catherine Butler , Mrs. Quin was to keep them safe for her; Mrs. Quin cried and kissed her, and sell upon her neck, and said, she loved her as well as she did God Almighty; they went away together; I had pawned the rings once for 40 guineas, and I might have got forty more if I had wanted them. Cross examination. Q. Was your sister one of Mrs. Quin's customers? M. Thompson. She was. Council. Then your sister was a woman of the town, was she not? M. Thompson. No, I do not mean that, she might have been married to 'Squire Butler had it not been for Mrs. Quin. Council. Was your sister a woman of the town? M. Thompson. She did live with 'Squire Butler. Council. Was your sister a woman of the town? M. Thompson. No, not as I know of, I am talking of her box, she has been dead seven months. Council. Was she a common woman of the town, what is called a woman of pleasure, from time to time, to different people? M. Thompson. She lived very honest, and died very honest; she retired from business, and would have no connection with lewd women. Council. I will have an answer, was she a woman of the town? M. Thompson. No, she was not, for she was a married woman. Council. Who was her husband? M. Thompson. She told me on her dying bed she was married to Mr. Farrel, he lives at Marybone, he did keep a bagnio in Long-acre. Council. Was your sister reputed to be a woman of the town? M. Thompson. She might have had a misfortune to be sure; I do not know what you mean by a woman of the town, she was unfortunate. Council. Had not she been a woman to many scores at different times? M. Thompson. O, my God, I think that was a false information given you, she really could not bear a thing of that kind, she could not bear to sit where a lewd woman was for years, for that reason she lived retired. Council. Was not she sent for sometimes to a tavern to a gentleman, I will mention the Bedford Arms, and the Shakespeare under the Piazzas, for these last seven or eight years? M. Thompson. She died at twenty-seven years of age, I saw her first and her last breath, I wish we may all die as well and as happy as she; I am a very honest woman, I will not tell a lie for the world Council. Pray then tell me what you are? M. Thompson. I am a midwife. Q. Did you never live at a bagnio? M. Thompson. I never put my foot in a bagnio but when she has been ill, I mean that bagnio where she was when she was married. Q. Did your sister deliver these things to Mrs. Quin, in order to run away from 'Squire Butler? M. Thompson Yes . Q. How long had she lived with 'Squire Butler? M. Thompson. About three years, she was but a baby, she was but about 14 years of age when she came away. Q. Had she any fortune of her own when she came to 'Squire Butler's? M. Thompson. No, she had nothing, she was a poor child; he bought her to make a sacrifice of her, and we put two women in Newgate for it. Q. Then all she had was 'Squire Butler's? M. Thompson. The jewels were her own, she bought a good many of them of Mrs. Quin. Hannah Alexander . I came over from Ireland in company with Mrs. Quin, Mr. Harding, and Miss Butler, in the year 1755; Miss Butler sent her trunk of wearing apparel in another ship with a servant maid, I know she had some jewels, rings, a gold watch, a picture set like bracelets round it, and things that she gave to Mrs. Quin to bring to London for her; I heard Mrs. Quin say so, but whether Mrs. Quin gave her them back I cannot tell. Q. What did you hear Mrs. Quin say about them? H. Alexander. I heard Mrs. Quin say she would take care of them for her Q. Where did you hear her say that? H. Alexander. At Mr. Kennedy's at Chester, where we supped, and that she had them in her possession. Court to Milbourn. Look at this letter. Milbourn. (He takes it in his hand) I verily believe this to be the hand writing of Catherine Quin . It is read in court to this purport: "Sir, "I understand Miss Butler received a letter from "you, where you say you had a fall that has "almost endangered your life, which has had "such an effect on her, that renders her incapable "of answering yours; she requests I should "do it for her, and let you know that she was "determined to go off to you, so soon as she received "your last; for which purpose I advanced "her 50 l. and as she intended her journey to "you, and return immediately, she thought she "might leave some of her debts unpaid; but the "creditors got the alarm, and tied her in such a "manner, by means of her friends, who feared "they should lose her, has put it out of her power "entirely to fly to you, as she intended; she was "obliged to give a separate note to her creditors "for 200 l. as her friends, as near as she can "learn, was the cause of their being so severe "upon her, to prevent her going to you; if you "desire her, it is her greatest inclination to do so; "if convenient to you so to do to settle that affair "for her, so as she may not be detained here, "pray favour me with a line, and you may depend "upon her going to you; if you pay the "money in Dublin to Mr. Smith, attorney, I "shall advance the said sum here, so that she may "be at liberty, and that will set her clear; she is "so desirous of going to you to settle for life, you "and she are the best judges; this I offer to serve, "if agreeable; she desires you to pay no money "for her, but upon condition of her going to you, "which she says is her desire; Mr. Harding joins "with service to you, from "Your humble servant, "C. Quin. " The letter had no direction upon it. Acquitted . Thomas Grear 's year's imprisonment being expired, he was set to the bar, (see No 581, in Sir Robert Kite 's Mayoralty,) and discharged from five indictments against him for rioting and assaulting five separate persons on Tower-hill. The trials being ended, the court proceeded to give judgment as follows: Received sentence of Death, 8. Edward Williams 639 John Davis 591 John Urquhart , otherwise Richards 595 Robert Singer 612 John Parsingham , otherwise Parsons 620 Patrick Hanlon 624 William Miller 625 John M'Cloud 640 Transportation for 14 years, 2. Mary Wright 622 Mary Hopegood 616 Transportation for 7 years, 24. Joseph Lee , otherwise Leay 601 James Thompson 605 Edward Cain , otherwise Can 606 Sarah Lane, otherwise Roberts 621 Joseph Higgins 623 John Read 633 Edward Cox 634 William Lawrence 635 John Roe 636 Richard Hardy 637 William Polin 638 Margaret Segware , otherwise Fowler 596 Brittain Robinson 598 Mary Williamson 599 James Curtis 600 John Price 608 Elizabeth Greaves 607 William Andrews 615 Margaret Gilford , otherwise Wood 617 John Antrobus 618 Roger M'Daniel 603 George Welldon 631 Richard Lynnard 632 Margaret Flanady 642 Whipped, 3. George Duvalt 592 William Grimstone 614 Mary Smellar , otherwise Sinclare 602 Gad Shepherd to be imprisoned in Newgate one year, to give security for his good behaviour for two years, himself 50 l. and two sureties 40 l. each, pay a fine of 5 l. and to remain in prison till that is paid. 641 A list of the Acquitted. Elizabeth Bowman 593 Elizabeth Crees , otherwise Creese 594 William Paine 597 William Read 604 Plymouth Jumboe 609 Henry Pullen 610 Paul Booth 611 Elizabeth Ward 613 John Metthews 619 Thomas Besford 628 Anne Thurlow 629 David Williams 630 Benjamin Jones 626 John Brown 627 Catherine Quin , otherwise Harding 643 Just Published, Price bound EIGHT SHILLINGS, Curiously engraved by the best Hands, a new Edition, being the SIXTH, (Dedicated, by Permission, to the Right Hon. JOHN EARL of BUCKINGHAMSHIRE, Baron of Blickling, one of the Lords of the Bedchamber to his Majesty, and one of his Majesty's most Hon. Privy Council) BRACHYGRAPHY; OR SHORT WRITING made easy to the meanest CAPACITY. The whole is founded on so just a Plan, that it is wrote with greater Expedition than any yet invented, and likewise may be read with the greatest Ease. By THOMAS GURNEY , Writer of these PROCEEDINGS. Sold by Mr. Buckland, Mr. Rivington, Mr. Dilly, Mr. Wilkie, Mr. Johnson, Mr. Williams, Mr. Dartnall, Mr. Curtis, Mr. Kearsly, Mr. Payne, Mrs. Onion, and by the Author, at his House on the Narrow Wall, Lambeth; and by his Son Joseph Gurney , Bookseller, in Holbourn. Note, The Book is a sufficient Instructor of itself; but if any Difficulty should arise, all Letters (Post paid) to the Author shall be duly answered.

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CENTRAL CRIMINAL COURT Sessions Paper. HALE, MAYOR. SEVENTH SESSION, HELD MAY 8TH, 1865. MINUTES OF EVIDENCE, TAKEN IN SHORT-HAND BY JAMES DROVER BARNETT AND ALEXANDER BUCKLER , Short-hand Writers to the Court, ROLLS CHAMBERS, No. 89, CHANCERY LANE. THE POINTS OF LAW AND PRACTICE REVISED AND EDITED BY ROBERT ORRIDGE, ESQ. OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. VOLUME LXII. SESSION VII TO XII. LONDON: BUTTERWORTHS, 7, FLEET STREET, Law Publishers to the Queen's Most Excellent Majesty. THE WHOLE PROCEEDINGS On the Queen's Commission of OYER AND TERMINER AND GAOL DELIVERY FOR The City of London, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX KENT, AND SURREY WITHIN THE JURISDICTION OF THE CENTRAL CRIMINAL COURT, Held on Monday, May 8th, 1865, and following days. BEFORE THE RIGHT HON . WARREN STORMES HALE, LORD MAYOR of the City of London; the Hon. SIR GEORGE WILLIAM WILSHERE BRAMWELL , Knt., one of the Barons of Her Majesty's Court of Exchequer; THOMAS SIDNEY , Esq., M.P.; Sir FRANCIS GRAHAM MOON , Bart, F.S.A.; Sir ROBERT WALTER GARDEN , Knt.; Aldermen of the said City; RUSSELL GURNET , Esq., Q.C., Recorder of the said City; BENJAMIN SAMUEL PHILLIPS , Esq.; THOMAS GABRIEL , Esq.; SILLS JOHN GIBBONS , Esq.; and ANDREW LUSK , Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court. THOMAS DAKIN , Esq., Alderman. ROBERT BESLEY , Esq., Alderman. Sheriffs SEPTIMUS DAVIDSON , Esq. HENRY DE JERSEY , Esq. Under-Sheriffs. CENTRAL CRIMINAL COURT . HALE, MAYOR SEVENTH SESSION . A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the, associates of bad characters—the figures after the name in the indictment denote the prisoner's age. LONDON AND MIDDLESEX CASES . 494. WILLIAM VESEY (37) , and CHARLES DAVIS (27) , were indicted for a burglary in the dwelling-house of Nathan Wolf Jacobson , and stealing 80 watches, 150 rings, and other jewellery, value 800 l . his property. MR. KEMP conducted the Prosecution. JAMES LAMB . I am foreman to Nathan Wolf Jacobson, jeweller, 312, Oxford-street—on the night of 24th February, I shut up the premises, about half-past 10, quite secure, and about half-past 11 my attention was attracted by an unusual noise, which I could not understand—I was in an under ground room at the time—I immediately went into the shop—I saw the reflection of the gas from the street—I then distinctly saw the shop-door open; the glass-cases were open, and the window in great disorder—I missed a quantity of watches and other things—no property has been found since—they were quite safe at the time I fastened up the shop—I did not see any persons that caused me any suspicion. JAMES FURNESS . I am now in the House of Correction, under sentence—I know the prisoners—I know the shop of Mr. Jacobson, 312, Oxford-street—I was there on the night of 24th February, when this burglary was committed—I did not steal the things—I was one of the persona that went inside with Charles Davis—Davis, Vesey, and Dan McCarthy were with me—I saw both Davis and Vesey in the place—I afterwards saw Vesey come out, and Dan McCarthy went in—it was about half-past 11 or a quarter to 12—I did not see anything in Vesey's hand when he came out—next day I saw Vesey; he came to me in Drury-lane—he told me to come on—he took me to a public-house in Long-acre, where there was Dan McCarthy and Charley Davis—McCarthy gave me 3 l . of the money—first of all they said they had only got a little—when McCarthy gave me the 3 l . he told me to say nothing about it—the others were present. Vesey. Q. Where did you go when you saw me come out, did you go home? A. No—I slept in Short's-gardens that night, in the next bed to you—I left at half-past 10—it was about a quarter-past 9 when we first went to the jeweller's shop, and to the public-house—you went inside, and left me outside, and I came away; Davis. Q. You say you went into the house with me? A. Tea—I don't know what your object was in going there—yon took me in; you went in first, and said "follow me"—I suppose it was to commit the robbery—I don't know when you came out; I was not there when you came out—I next saw you next day, in the after part—the 3 l . was given me to say nothing about it—I knew you about a fortnight previous to the robbery—I have not seen you above twice since the robbery—I had seen you about seven or eight times previous to the night of the robbery—I saw nothing of the proceeds of the robbery. COURT . Q. Was not the 3 l . given you as your share? A. They told me to say nothing about it—I went in with Davis for the purpose of assisting him in the robbery; he told me to go in with him—I was taken up for something else—I am in the House of Correction for being with two Other men pushing a truck—it was for stealing cloth; they did—I had six months for it—I first spoke about this about five weeks ago—I told Sergeant Cole about it—it was not for the sake of escaping punishment—my father told me to tell the truth; my parents are very respectable. WILLIAM LOOSELEY ( Policeman, C 46). On 24th February, I was on duty in Oxford-street, where Mr. Jacobson's shop is—I know both the prisoners and the last witness—I have seen the three together at the Duke of York public-house—I saw them there every night for a fortnight before the 24th—I saw them there on the night of the 24th, about half-past 10—the Duke of York is about 150 yards from the prosecutor's. Vesey. Q. Had I anything remarkable then that I have not got now? A. You are dressed differently; you had no lame foot as you had when I saw you at the station—you had no crutches that night; you had no stick in your hand—you walked lame with a stick. SARAH HARRIS . I live at 25, King's-road, Chelsea—on the night of 24th February, about twenty minutes or half-past 10, I was in Oxford-street, near Mr. Jacobson's shop—I saw Vesey standing at the kerb opposite the private door—he went towards two others who were standing at the corner of the street—I could not swear to the other two—the three then went towards the door—Vesey and another went in, the other walked about the street with a stick—the two remained in the house I should think more than an hour—when they came out the third man was still there—he went to the door, and stood with his back to the door, and immediately after the other two came out—they went three doors past Union-street with something, and looked at it—they then turned back again, passed the door again, arm-in-arm laughing—they went straight on, and I saw no more—I did not know them before. Vesey. Q. Had you any thought of a robbery being committed? A. Yes—I did not give information because you were so much like the man that shuts up there—I followed you, and I noticed you; your coat was white behind—I went home about my business when you came out—I gave infor mation when I heard of the robbery. COURT . Q. How do you get your living? A. I do needle-work—I had been to my sister's in Tottenham Court-road—I go there three times a week—my attention was attracted to Vesey by a female speaking to him, and he made her a nasty answer, and I kept looking at him—he was walking about with a stick watching the door; promenading backwards and forwards, that made me notice him. CHARLES COLE ( Police-sergeant, C 25). I know both the prisoners—I have seen them together—I took Vesey into custody on 6th March, at a public house in King-street, Soho—I said, " Bill , I want you for being concerned frith others in a robbery in Oxford-street, at a jeweller's shop, on the 24th of last month"—he made no answer for some time—he then said, "I don't know what you mean"—I said, "You understand me perfectly well, I am a police-officer, my name is Cole, you will have to go to the station-house with me"—before the Magistrate the officer Looseley mentioned the Duke of York public-house, and Vesey said, "I never was there in my life"—at the next examination he wished to call a witness to prove that he was at the Duke of York all that evening, and was not out of it—I apprehended Vesey from the description given by the last witness—she came to the station and stated what she had seen—I know the witness Furness—I hare seen him with the prisoners, perhaps for a fortnight before 23d February; I think about four times, about the neighbourhood of the Seven Dials, and once in the Red Lion, in Portland-street, Soho, where they held a raffle for one of them—Vesey was put with five or six others, when he was picked out by the last witness, and also by the constable. JOHN DAFTERS ( Police-inspector, S ). I took Davis into custody on 23d April, about half-past 5 in the evening, at 26, Bell-street, Edgeware-road—I found him standing on the first-floor landing—I said, "I am come Charley to apprehend you for being concerned, with another man in custody, for stealing a quantity of jewellery and watches from a shop in Oxford-street, about six weeks ago"—he said, "I don't understand what you mean"—I said, "Am I to understand that you don't know me; I am Inspector Dafters of the 8 division" (I had know the prisoner for years)—he said, "Is it from Walker's shop in Oxford-street?"—I said, "No, it is from Mr. Jacobson's"—he said, "I don't know anything about it; why do you suspect me?"—I said, "You are circulated in the information as being wanted for being concerned in it"—he said, "I don't know any thing about it; I will go with you." NOT GUILTY . 495. MARY ELLIS (19) , Unlawfully uttering counterfeit coin. MESSRS. M. J. O'CONNELL and CLARK conducted the Prosecution, and MR. COOPER the Defence. MARGARET LEGG . I am the wife of Robert James Legg, of the French Horn public-house, Crutched-friars—on 17th April, about 8 o'clock, the prisoner came in and asked for half a quartern of gin—she gave me a half-crown—I saw that it was bad—I said nothing till I bad tried it in the detector, and I then asked her to wait a few minutes, and I would show her another bad one which she had passed about a fortnight previous—she said, "Are you prepared to swear to that"—I said of course not, but I would call the barmaid, who would no doubt recognize her—I called her and said, "Is this the young person you served with a half-quartern of rum, and who tendered you the half-crown," and she said, "Yes"—I then produced the second half-crown—the prisoner immediately run out of the house, and the potman ran after her, overtook her, and she was brought back in charge of a policeman—she left her bottle on the counter, with the gin in it—the half-crowns were given to the policeman. Cross-examined. Q. What sort of bottle was it? A. A medicine-bottle—I don't always put half-crowns in the detector, only those I have suspicion of—we have a good many people come into our house. FANNY O'BRIEN . I am barmaid at Mrs. Legg's—I remember the prisoner coming in a fortnight before this, about 8 in the evening, for half a quartern of rum—she gave me a bad half-crown—I gave her the change, and put the half-crown in the till—there was no other there—Mr. and Mrs. Legg went to the till, about an hour afterwards, and saw the bad half-crown—they called my attention to it, and it was placed on a shelf—on the evening of the 17th, Mrs. Legg called me into the bar, about 8 o'clock—the prisoner was there—Mrs. Legg asked me if she was the person who I had taken the bad half-crown of, and I said "Yes" directly—I am certain she is the person—I gave a description of her to Mr. and Mrs. Legg. Cross-examined. Q. You serve a good many women do you not? A. Yes, but we have very few women come and take things away in a bottle—she came with the same bottle before—it was a fortnight before the 17th that she came, not three weeks—we did not find any bad money in that fortnight—Mr. and Mrs. Legg and myself serve in the bar—sometimes the potman does—he is not here. JOHN CROSSLEY ( City-policeman , 551). Between 8 and 9 on the evening, of 17th April, I saw the prisoner in Crutched-friars running—the potman from the French Horn was running after her—she ran against me, and I stopped her—the potman said, "She has been passing bad money at our house, you had better bring her back"—she said, "I have never been in the house"—I took her back, and she was given in charge—while the charge was being taken she gave me a good half-crown—no other money was found on her—she refused her name and address, and afterwards gave the name of Ellis—these are the two coins I received from Mr. Legg ( produced. ) Cross-examined. Q. Did the prisoner say "I passed only one?" A. Yes; she said she did not pass two. WILLIAM WEBSTER . These are both bad. Cross-examined. Q. Are they from different dies? A. Yes. GUILTY .— Confined Six Months . 496. PATRICK DONOVAN (22) , Robbery on Alfred Herbert Williams , and stealing a purse and 2 l . 12 s . 3 d . his property. ALFRED HERBERT WILLIAMS . I am a seaman, at 5, Providence-alley, Aldgate—on the Friday before the 26th April, I was in Rosemary-lane, about half-past 11—I had had three glasses of stout—I do not consider I was the worse for liquor, because I knew what I was about—the prisoner came up to me just by the wall of the Mint and began to hustle me about, and 1 felt queer as if something came across me; I am certain something came across my nose—he asked me for some drink after knocking me about—I took him into a public-house to get rid of him—I went into the Blackamoor's Head, and gave him a glass of beer there; he then followed me out, and pulled me down a street, and tried to push me further down the street—my wife then came up to me—the prisoner asked her what she wanted with me—we came up to the door and we thought he had left altogether—a girl then came up to the door and turned my wife round, and the prisoner made a snatch at my waistcoat-pocket and took a purse con taining 2 l . 12 s . 3 d .—in the force of pulling it, I fell down and he ran away—I did not see him again till the Tuesday evening; there was a policeman present on the Friday, and a complaint was made at the time—he came in to see me after I was taken indoors—I did not complain to the police on the Sunday, I was insensible at the time—I next saw the prisoner at Leman-street police-station—the policeman came and told me the prisoner was taken, and I was to pick him out—the prisoner was placed with five or six others, and I identified him. ELLEN WILLIAMS . I am the wife of the last witness—on this Friday night I was called down by my landlady—I went down the street—my husband was at the top of the street with the prisoner—I recognised him again when I saw him at the police-station—my husband was pulling his left arm from him—I went towards them, the prisoner asked me what I wanted with the man—I told him he was my husband—he then left and we thought he was gone—we walked to our own door, 'about the middle of the street, and just as we were entering the door a girl pulled me round by the arm—I turned round and asked what the wanted, and with that the prisoner snatched the purse from my husband's waistcoat pocket; the violence of the snatch threw my husband down, about a yard from me, he remained insensible for some time. MARY WILSON . The last witness and her husband lodged with me in Providence-alley—on Friday night, in consequence of hearing some voices outside, I looked out, and saw the prosecutor and the prisoner—the prisoner was jostling him—I went and told Mrs. Williams, and she went out—I saw the prisoner snatch the purse just by the door—Mrs. Williams went out—I saw the prisoner coming down the street with him, and when he came as far as the door this man turned round and slewed Mr. Williams round and snatched his purse—I am sure he is the person—I saw him again on the Tuesday night in Leman-street—I cannot recognise him for I was not many minutes at the door—I pointed out some other man—the prisoner is the size of the man. BENJAMIN ARCHER ( Policeman, H 101). I received an account of this robbery, and had some description of the person; in consequence of which I apprehended the prisoner in Castle-street, St. George's—I told him I should take him in custody for assaulting and robbing a man on Friday evening last, at the corner of Providence-alley—he said, "I know nothing about it"—I afterwards placed him with five other persons—I sent for the prosecutor and he identified him—the last witness did not, she pointed to another man. CAROLINE FREEMAN . I keep the Blackamoor's Head—I know the prosecutor by sight—I remember him being in our house on this Friday night—he was accompanied by a man—I do not recognise the prisoner as the man—I did not take any notice of him, I was speaking to Williams during the time—they stayed two or three minutes—there were more people there. THOMAS PAYNE ( Policeman, H 198). On Friday, 21st April, I was called to Turner-street, about 12 at night—that is on one side of Providence-alley—I saw the prosecutor lying on his back with a wound on the side of his face, bleeding—I received a description of a person from his wife. GUILTY .**— Five Years' Penal Servitude. 497. GEORGE SMITH (16) , and WILLIAM WARD (17) , Stealing 6 Jackets, the property of Henry Russell . HENRY RUSSELL . I am a warehouseman, at 39, Aldermanbury—on 21st April I was in the warehouse on the ground-floor—I saw a person of the name of Paddon running towards the door calling out—I went to the door, and saw lying there this bundle of jackets ( produced )—they are my property—they had been on the counter; I could not say how recently before I had seen them—I had not seen either of the prisoners in the shop that I recollect—several boys had been in inquiring for situations, but I did not take any notice of them myself. FREDERICK PADDON . I am in the employment of the last witness—on 21st April I saw Smith in my master's warehouse—he came in to know if we wanted a boy—I told him no—as he was going away I saw the bundle of jackets at the end of the warehouse move—I did not see what caused them to move—on seeing that I went close up to Smith and shut the door after him—he came in again in about three-quarters of an hour or an hour afterwards, and as soon as he came to the door I saw the bundle of jackets disappear—I ran to the door, passed him and saw Ward and another one putting them in a bag, and as soon as they saw me they ran away—they were in the passage—the door of the warehouse goes into a short passage, which goes up stairs—there is a way out by the passage—you come in by the street door into the passage, and then turn into the warehouse—I saw Ward and another boy, not in custody, in the passage putting the jackets into a bag—not Smith, and when they saw me they ran away—I ran after them, Smith ran away as well—he seems to have followed me, running the same way as the others did—I had run past him—he came a little way into the warehouse—the door was kept open by somebody outside—the jackets were behind the door on a counter—Smith remained in our warehouse as I ran out. Smith. I never went into his place. Witness. I am quite certain of him. SAMUEL KNIGHT ( City-policeman , 159). I was in Philpot-lane on 21st April, which is about forty yards from Aldermanbury—it turns out of Addle-street—I saw Ward there, Mr. Russell had hold of him—Smith saw walking away, and he pointed him out to me—I pursued him, brought him back, and he was given into custody. COURT to MR. RUSSELL . Q. It seems you had hold of Ward. A. No, I do not recollect that I did—I may possibly have done so—I did not see either of the prisoners when I ran out—I followed my lad—the two prisoners seemed to have been stopped by some gentleman. FREDERICK PADDON ( re-examined ). I ran after the prisoners—some of Foster Porter's men had hold of Ward, and Mr. Russell went up to the side of him—I pointed out Smith to the policeman. Smith's Defence. He did not point me out; I was in a public-house having a pint of beer, and when I came out some man said, "There is the other man," so the policeman came and took me, and I did not know what it was for. Ward's Defence. I say the same. I was in a public-house and some man came and took me out, and said I was charged with stealing the coats. SMITH , GUILTY .**— Five Years' Penal Servitude , WARD , GUILTY .*— Confined Eighteen Months . 498. SOLOMON JONES (18) , Feloniously assaulting George Healing , with intent to rob him. MR. COOPER conducted the Prosecution, and MR. LANGFORD the Defence. GEORGE HEALING . I live at 13, Brittania-road, Islington, and am an errand-boy—about twenty minutes past 12, on the night of the 1st of April, I was in Brittania-road, with my cousin—as we Were looking at a play-bill I saw the prisoner and another named Odell coming up on the other side of the street—they ran across the road—Odell caught hold of me by my coat and said, "That is the b----your money or your life, or you shall not go," and he knocked my head against some boards of a hoarding—I said I had not got any money—he said, "take that," and hit me in the eye and knocked my head against the boards Again—my cousin tried to pull the prisoner off me—he was catching hold of me by the breast—he knocked my cousin down and assaulted him—I ran across the road, they came after me and hit me on the head, and knocked me down, and one of them put his knee on my breast and caught bold of me by my throat and knocked my head against the stones—Odell put his hand in my right-hand pocket to get my money, but my money was in my left pocket—some persons were looking out of a window—they halloaed out, and both men ran away—I knew the prisoner by sight, but never spoke to him—I am quite sore he is one of the men—I picked him out from several others on Saturday night. Cross-examined. Q. Was there a light near where that happened? A. Yes, one on the opposite side of the way—we had net been reading the bill above a minute before the men came up to us—they came along knocking up against the wall and singing—I did not lose anything—I should think this occupied about quarter of an hour—I was trying to get away—I gave a description of the prisoner to the policeman—I think it was the third Saturday night afterwards that I saw him at the station—I had 3 s . in my pocket and 3 d . WILLIAM HALLS . I am cousin of the last witness—I was with him on this night—as we were looking at the play-bill I saw two men coming up—the prisoner is one of them—they rushed across the road, caught hold of my cousin by the neck, and said, "this is the b----I went up to the prisoner and caught him by the collar and said, "Leave him go"—he would not and used a bad expression—he turned my band and the other kicked me in the leg—the prisoner hit me over the nose and knocked me down—he hit me several times as I was getting up and cut my lip in two places—he then ran after my cousin—I went for my uncle and when we came back they were gone—I saw the prisoner again on 15th April at the station—I could not say whether he was drunk or not on this occasion—I have no doubt that he was one of the men—I did not see the other man do anything to my cousin. Cross-examined. Q. How long was this taking place? A. About five minutes. JAMES TAYLOR ( Policeman N 33). I took the prisoner into custody on 15th April—I told him the charge—he said, "I am quite innocent, I can prove that I was in the country at the time"—I took him to the station and placed him amongst several others about the same age and appearance and the two lads picked him out. Cross-examined. Q. Do you know where the prisoner lives? A. Yes, about five minutes' walk from the prosecutor—J have known him about eight years—I never knew him to be in custody—I have frequently seen him with Odell—they are first cousins. NOT GUILTY . ( The prisoner-subsequently PLEADED GUILTY to a common assault — Confined One Month ). 499. MARY ANN SMITH (30) , Stealing a watch and chain the pro perty of Joseph William Maire , from his person. JOSEPH WILLIAM MAIRE . I am a cheesemonger at 16, Langley-place, Commercial-road—on the night of 1st May I was in Little George-street, between half-past ten and eleven, when the prisoner came up to me snatched my watch, and ran away—I ran after her, and as I ran I was knocked down by a man; I got up again and still followed her—I overtook her in one of the streets, I don't know the neighbourhood—I said, "Give me my watch," she said she had not got it—I understood she had let it fall or thrown it—down—I caught hold of her hand and took the watch from her—shortly afterwards I saw a policeman and gave her in charge, this is my watch ( produced ), it is a valuable watch, a key was attached to it at the time, that was produced by another constable, this is it, when I took the watch from the prisoner, the key was not with it. Prisoner. I never saw the gentleman. Witness. I am positive of her—she is the person I afterwards found with the watch—I had lost sight of her—after I got the watch from her and gave information to the police, and saw her again in a very few minutes, at the most three or four. JAMES THREADGOLD ( City-policeman 559.) I received a description from another officer on the night of 2d May, and in consequence took the pri soner into custody about two minutes after—I said I should take her on suspicion of robbing a gentleman a few minutes ago in Little George-street, she said, "Oh dear me, don't take me, it is not me"—I said, "I will take you round to the next street and if it is not you, you shall go"—I took her round there and saw the constable and the prosecutor together—he said, "That is the woman that robbed me of my watch"—I said, "Give me the watch"—he said, "No, I shall take care of it myself"—she said, "Pray don't give him the watch, pray don't give him the watch"—she said that she was innocent. Prisoner. Q. Was I not walking very slowly along the Minories when you tapped me on the shoulder? A. You were hurrying by Moses and Sons, and as soon as you saw me half way across, you took a steady step—I said you had a reddish shawl on, by gaslight you could scarcely tell the colour of it. JOHN WILLIAM GARDNER ( City-policeman , 545). I received information from the prosecutor—he pointed out the direction in which the prisoner had gone—I saw the prisoner at the time running up Little George-street—I went round Jewry-street and thought I should meet her, but I missed her—I afterwards saw her in the custody of the last witness—I picked up this key at four o'clock on the following morning in Little George-street—the prosecutor was quite sober. Prisoner's Defence. I left Thames-street at half-past ten, and walked very slowly and passed several policemen; when I came to the corner this police man caught hold of me and said, "I want you for being concerned in stealing a watch,"—I said, "I have got no watch, "I bad a piece of steel in my hand which I picked up; the prosecutor was tipsy; there are several unfortunate women who wear shawls the same as mine. GUILTY *— Confined Eighteen Months . 500. JANE CAMPBELL (18) , Feloniously wounding John Jones , with intent to maim and disable him. JOHN JONES . I am a shoemaker, living at 8, Artillery-square—on the night of 10th April I was going down Dacre-street and saw the prisoner and a young man, the young man said to me, "You offended this young woman," I said, "No, I did not,"—I had not done or said anything to her, she said I did, and I said it was a lie, they then both struck me—the young man struck me first with his fist, and then the prisoner struck me—I could not tell what she struck me with at first, whether it was the knife or her fist—she struck me on the face, and cut me on the eye, through the eyelash and over the eye—I could not say how many times she struck me, there was only one cut on my face—a policeman came up and I gave the prisoner into custody—a woman went back and brought a young man who was with me, or she would have killed me dead on the spot, that was John O'Brien. Prisoner. He came up and insulted me first, he was drank and struck me in the mouth, I forgot that I had a knife in my hand and it struck him in the mouth. Witness , I was not sober—I had some liquor taken—I had been drinking about two hours—I can't remember how much I had taken—O'Brien was in company with me before, but not at that time. JOHN O'BRIEN . I was with the last witness at a public-house on this night—we were drinking our share of half a gallon of beer—I was not to say sober and I Was not drunk—I left him outside the public-house, and in consequence of something I heard I went back to Dacre-street and saw Jones and another man fighting against the wall and the prisoner was stand ing in the middle of the road about four yards away, and he then ran up to Jones and struck him in the face with the knife—I saw the blood and caught hold of the girl and kept her and left the other two fighting—Jones struck the prisoner after she stabbed him. COURT . Q. Did you take hold of her before she stabbed him or after? A. After; I held both her hands. SIMON MASTERS ( Policeman A 244). I heard a disturbance in Dacre-street on this night, and went there and found the last witness holding the prisoner—the prosecutor charged her with stabbing him in the eye with a knife—I saw this knife in her hand, she dropped it and I picked it up—a person asked the prisoner if she had stabbed the man and she said, "Yes, I stabbed the bloke and would anyone else, he hit me"—going to the station she said, "I will do it, if it is for twenty years to come—I hare carried the knife all day, but somebody else has got it"—I understood her to mean that she had carried the knife to stab some one else—the prosecutor was drunk, O'Brien was sober. CHARLES ST. AUBIN HAWKINS . I am house-surgeon at Westminster hospital—the prosecutor was brought there on 11th April, at half-past twelve in the morning—he was suffering from an incised wound of the left upper and lower eyelid—I should say it was done with more than one stab, such a knife as this would inflict the wound—it was a very narrow escape from the eye, the lower lid was completely divided,. but the eye was un touched. CATHERINE CALLAGHAN . I am the wife of Thomas callaghan, a shoe maker—I was coming up Dacre-street on this night and saw Jones and the prisoner—Jones said to the prisoner, "Have I insulted you?"—and she said, "Yes, you have"—the young man who was with her also said he had insulted the young woman—Jones said he was a liar, he had not, and they both struck Jones—I said something to O'Brien and he went towards the spot—I came with him and saw Jones with a cut on his face—O'Brien caught the prisoner in his arms, and caught hold of her hands. Prisoners Defence. I did not know that I did it. GUILTY of unlawfully wounding — Confined Eight Months . 501. WEYBAN WAINWRIGHT (25) , to two indictments for Forging and uttering requests for the delivery of goods.— Confined Nine Months , [Pleaded guilty: See original trial image.] 502. CHARLES WILLIAMS (29) , and CHARLOTTE WILLIAMS (27) , to a Burglary in the dwelling-house of Margaret Bruce and stealing therein one timepiece, value 30 s . and other goods, value together 15 l . 7 s . —Charles, Confined Twelve Months , Charlotte, Six Months. [Pleaded guilty: See original trial image.] 503. EDWARD HERBERT SOPWITH (23) to Stealing 3 pairs of boots, 27 yards of chene and 36 pairs of gloves, of William Richard Sutton , his master.—* Confined Eighteen Months. [Pleaded guilty: See original trial image.] 504. WILLIAM HENRY PRICE (28) , to Embezzling and stealing on 17th January , 5 l ., on 2d February , 5 l . and on 7th February 5 l . of the United Kingdom Electric Telegraph Company Limited , his masters. The prisoner received a good character. Recommended to mercy by the prose cutors.— Confined Twelve Months. [Pleaded guilty: See original trial image.] 505. JAMES MATTHEWS (23) , to Em bezzling and stealing 37 l . 3 s ., the moneys of the East London Bank Limited , his masters.— Confined Eight Months. [Pleaded guilty: See original trial image.] 506. JOHN RATTENBURY (28) , to Feloniously forging a request for the delivery of goods, also to a previous conviction in October, 1863 .— Confined Two Years. [Pleaded guilty: See original trial image.] 507. GEORGE AUSTIN (21) , to Stealing a shawl, the property of John Sadler , also to a former conviction in January, 1864, sentence, twelve months.— Confined Eighteen Months. [Pleaded guilty: See original trial image.] 508. ANDREW RYAN (16) , to Stealing a handkerchief of Augustus McSweeney from his person—** Confined Twelve Months. [Pleaded guilty: See original trial image.] 509. ELLEN COLLINS (18) , and ANNIE FELSTEAD (15) , to stealing 60 yards of muslin, value 2 l . of James Lake . COLLINS also PLEADED GUILTY to a former conviction, in October, 1863.— Confined Twelve Months , FELSTEAD Six Months. [Pleaded guilty: See original trial image.] 510. JOHN RILEY (19) , Unlawfully having counterfeit coin in his possession, with intent to utter it. MESSRS. CRAUFURD and GOUGH conducted the Prosecution. JAMES BRANNAN . On 6th April, from information I received, I went with Inspector Potter and other officers to Lichfield-street, St. Martin's-lane, and placed myself in a house which commands a view of Porter-street—the prisoner passed me, and I followed him into West-street—he frequently looked round, and when I was very close to him, he stooped down and then attempted to run away—I seized him by the cuff and collar—he resisted very much, but Inspectors Brennan and Potter came to my assistance—I said to the prisoner, "You are suspected of having counterfeit coin in your possession, what have you got about you?"—he said, "Nothing"—Potter took from his coat this packet ( produced )—I opened it and found four small parcels—I said in the prisoner's hearing, "This is bad," he said, "I picked it up, I was going to take it to the station"—I found thirty-four bad shillings. THOMAS AMBROSE POTTER ( Police-inspector G ). I was with Brannan—I have heard his evidence, it is correct. WILLIAM WEBSTER . I am coin-inspector to Her Majesty's Mint—these thirty-four shillings are bad—they are wrapped up in this way that they may not rub. Prisoner's Defence. I picked them up in Butler-street, and was going to take them to the police-station when Mr. Brannan laid hold of me. GUILTY .*— Confined Fifteen Months . 511. DANIEL KELLY (30) , Unlawfully uttering counterfeit coin. MR. CRAUFURD conducted the Prosecution. SARAH EDIS . On 17th April I was staying with my sister at 21, St. George's-street—she sells tobacco—the prisoner came in that day, and I served him with half an ounce of tobacco, which came to three halfpence—he gave me a half-crown—I put it in the till—there was no other half-crown there—I gave him his change—I went to the till in half an hour, and found it was bad—he came again on 24th April, and I recognised him directly. ESTHER WISEMAN . My husband is a tobacconist—I am a sister of the last witness—on 24th of April the prisoner came for half an ounce of to bacco, and gave me half a crown—I saw it was bad directly—he asked me to give it back to him, but I said, "I shall keep this"—he turned to go—I followed him, he took me by the arm at the door, and said, "Will you give me the half-brown?"—I said, "No"—I followed him to Mr. Girton's shop, where he said, "I am only looking for my partner"—I said to Mr. Girton, "This villain has passed three bad half-crowns in my shop in a fort night" (I had taken three)—he ran away—Mr. Girton ran after him, and I saw him in custody ten minutes afterwards—I gave the half-crown to the constable—I found a bad half-crown in the till on 17th April, which I gave to my sister. Prisoner. I plead guilty to that. PHILIP BRADLEY ( Policeman, H 59). I saw the prisoner running, followed by Mr. Girton—I stopped him and took him to the station, but found no money on him—I received this half-crown from Sarah Edis, and this other from Mrs. Wiseman. MR. WEBSTER These two half-crowns are bad, and from the same mould. GUILTY .— Confined Nine Months , 512. FREDERICK SALE (26) , and MARY ANN WEST (29) , were indicted for a like offence. MESSRS. CRAUFURD and GOUGH conducted the Prosecution. EMMA SUTTON . I am the wife of Cornelius Sutton, who keeps the Royal Cricketers, Old Ford-road—on 5th April, West came, about noon, for half a quartern of rum, which came to threepence—I put it into her bottle—she gave me a florin—I found it was bad, called my husband, and pointed out the prisoner to him. CORNELIUS SUTTON . On 15th April, my wife called me and I found West at the bar—I asked her where she took the florin—she said, "In the Mile-end-road, I will be more careful in future. I have only three halfpence, and cannot pay"—she gave me back the rum, and I broke the florin in two, and let her go—I watched, and she joined Sale, I think it was, about 150 yards off—I missed her a few minutes, and then saw her with him—I followed them and overtook them about 300 yards from the house—they stood talking together at the end of Bonner-street and Green-street—they separated about fifty yards down William-street—Sale then stopped while West went into the Lion, when she got in, he went right opposite the house—before I got to the house West came out—I then went in, and Mr. Shaw showed me a bad florin—Mr. Shaw sent Ellis out with me—I pointed Sale out to Ellis—I overtook West, tapped her on the shoulder, and said, "You passed a bad florin to me just now, and said you had no money but three halfpence, and now you have just passed another one"—she said that a gentleman had just given it to her—I took her to Mr. Shaw's, and charged her—she gave Mr. Shaw some change, and a bottle with some liquor in it—Ellis came in while I was there without Sale—but in consequence of something, I saw, he went out again, and returned with Sale, who I gave into custody—I handed two out of the three pieces of the florin to the constable—I told Sale that he had been in West's company—he said, "I have never seen her before, but I have been in com pany with two or three females this morning"—he then said that he had just wished her good morning—I said, "I watched you down Green-street to Mr. Shaw's house—he said that he knew nothing about the woman—he left her in the middle of the square—she said that she did not know him, and never saw him before—he afterwards admitted being in her company. Sale. It is false. JESSIE SHAW . I am the wife of Joseph Shaw, who keeps the Lion public-house, Globe-fields—on 15th April, about 12 o'clock, West came and asked for a glass of porter, and half a quartern of rum, which came to fourpence—she brought a bottle—she gave me a florin, I gave her 1 s . 8 d . change—I put the florin in the till—there was no other florin there—as soon as she left, Mr. Sutton came in, and I went to the till, and found the florin was bad—Mr. Sutton and the barman left the house, and shortly afterwards Ellis came back with Sale—I said, "No, that is not the party, it was a female" and Sale was allowed to go—shortly afterwards Mr. Sutton returned with West, and I recognised her, and said, "You have given me a bad florin, you must give me the change back, and the rum"—I took the rum out of the bottle—my husband gave the coin to the inspector. HENRY ELLIS . I am potman at the Lion—Mr. Sutton pointed out Sale to me, and I went and said that he must come back with me, as he had passed a bad florin—he said, "Me! you do not mean me"—I said, "Yes"—he said, "It is a mistake"—I took him back—Mrs. Shaw said that she did not know him, and I let him go—Mr. Shaw then came in with West, and sent me after Sale again—I found him Alderney-road, about 150 yards from the house, walking slowly—he went back with me. JOHN PIERMAYNE ( Policeman ). I was fetched to Mr. Shaw's, and the prisoners were given into my custody with these coins and this bottle, which has had rum in it—I searched Sale, and found a bottle, a purse, a good shilling, and two pence—he said at the station that he knew nothing of West, though he had seen her and been in her company—I found on West a purse, three halfpence, some postage-stamps, and a knife—she said, "The man is a stranger to me, I was not aware that the florins were bad, I took them of a gentleman the night previous." WILLIAM WEBSTER . Both these coins are bad. Sale's Defence. I met this woman accidentally, she spoke to me; I walked a short distance with her, and she bade me good morning; I never saw her before. West's Defence. This young man is a perfect stranger to me; I had the two florins given me on Friday evening. SALE GUILTY .—** Confined Eighteen Months ; WEST GUILTY .— Confined Twelve Months . 513. ELIZA SHEA (18) , was indicted for a like offence. MR. CRAUFURD conducted the Prosecution. ANDREW SIDILL . I keep the Swiss-stores, Cranbourne-street—on 12th April the prisoner came in with a man, they asked for half a quartern of gin and peppermint, which came to twopence halfpenny—the prisoner gave me a half-crown—I put it in the detector and broke it—she said that she was not aware that it was bad and tendered another half-crown, for which I gave her the change, and sent for a constable. JOHN ALLEN ( Policeman, C 106). I took the prisoner and received this half-crown—she gave her name Elizabeth Allen—she was examined before a magistrate next day and discharged. WILLIAM JOHN BENNETT . I am shopman to Priest and Co., outlets, 235, Oxford street—on 22d April, the prisoner came and asked me for a knife, it came to 1 s . she gave me a crown—I looked at it, and told her it was bad—she said, "Is it? a gentleman gave it me in the park"—I gave her in custody. ABRAHAM HAWKS ( Policeman, D 285). I took the prisoner—she said that she took the half-crown of a gentleman in the park, and twopence besides—I found twopence on her—she said that she was very hungry, and had had nothing all day. WILLIAM WEBSTER . These coins are both bad. The Prisoner's statement before the Magistrate :—There was a young woman with me when I got the crown piece, and she saw the gentleman put it into my hand; he walked with us to Quebec-street; she said she wanted a pen-knife, and asked me to buy one, and she would pay me when I got home, 1 bought one. Prisoner's Defence. A gentleman in the park asked me to go with him, and I did; he gave me the crown. NOT GUILTY . 514. WILLIAM BROWN (45) , JOHN CALLAGHAN (54) , were indicted for a like offence. MESSRS. CRAUFURD and GOUGH conducted the Prosecution. RUTH HODGES . I am the wife of Henry Hodges, of the Plough, Mill-hill—on 7th April, a little after 5 o'clock, Brown came in for a pint of porter, which came to 2 d .—he gave me a half-crown—I put it in my pocket, where I had no other half-crown, and gave him a florin and fourpence in change—he left, and I shortly afterwards found the half-crown was bad—I put it by itself and gave it to the policeman Layton—I had seen Brown a short time before, when he offered a bad sovereign at my house, but I did not take it—Layton brought the half-crown back, and I gave it to Layton. HARRIETT YOUNG . I live next door to Mr. Hodges—on 27th April, a little before 5 o'clock, I looked out and saw Callaghan sitting on a log of wood about three yards from my house—a short time afterwards, Brown came from Hodges' I believe, and spoke to Callaghan—they went away together then towards Mr. Anstey's. ROBERT LAYTON ( Policeman, S 234). Mr. Hodges gave me a bad half-crown—I took it to the constable who had the case in hand, but could not find him—I put a mark on it and returned it to Mrs. Hodges. HENRY THORNTON . I am a plumber, of Friern Barnet, and work for Mr. Anstey—I was at work for him at Mill Hill on 27th April, about 5 o'clock, and met the prisoners together coming from the direction of Highwood-hill towards Mr. Anstey's house—they parted about thirty yards before meeting me—Brown turned down to Mr. Anstey's and Callaghan passed me—I went to put away my tools, and saw Brown in charge—I said to Mr. Anstey, "There is a pal up at the corner"—he went and brought Callaghan back. ANN ANSTEY . I live with my son, who keeps the Three Hammers, Mill-hill, Hendon—on 27th April, about 5 o'clock, Brown came in for a glass of ale, which came to 1 1/2 d .—I gave it to my daughter-in-law as there was not sufficient change, and called my son. GEORGIANA ANSTEY . My husband keeps the Hammers—my daughter brought me a half-crown—I gave it to my husband, who bit it and marked it. JOHN ANSTEY . My wife gave me a bad half-crown—I took it back to where Brown was standing and asked him if he was aware it was bad, and where he got it—he hesitated some time, and then said that he had taken it at Stan more, and knew the man he had taken it of, and he had no money to pay for the ale—I bit the half-crown and pitched it on the counter—I fetched a constable who lives opposite, and who waited outside, and came back and found the prisoner with the half-crown in his hand—I asked him to give it to me to compare it with a good one—he gave it to me, and I gave it to the constable, and gave him in charge—soon afterwards I met Thornton, who described a man, and said in Brown's presence, "Why, he has a pal there, who has gone towards the Grammar-school"—I then went past the Grammar-school, found Callaghan, and gave him in custody—I saw him go to the corner of a wall there where there is a bank—I did not see him stoop down. CHARLES BARRETT . I am a baker, of Little Stanmore—I was in the Three Hammers, and Brown came in for a glass of ale—I saw Mr. Anstey throw a half-crown on the counter and go out—Brown turned it over and handled it the whole time as if he was surprised to see that it was bad—I went with Mr. Anstey in pursuit of Callaghan—he was reeling across the road, and I saw him stooping—he went on twenty yards, picked up a piece of firewood, and came up biting it towards us—I said to him, "Mate, you must come back with us"—he said, "For why?"—I said, "Your mate says that he is waiting to see you"—he said, "I am going to take the stile to Barnet"—he came back, and was given in custody—next day I pointed out to Loach and Savage the place where I had seen him stooping. WILLIAM SAVAGE ( Policeman, S 297). On the morning of 28th April, in consequence of information, I went to this bank, and found this bad half-crown under a sod, wrapped up in a bit of rag—there was a little hole scraped in the bank, and the sod was on top of it—I afterwards went with Barrett, who pointed out the spot to me. JOHN LOACH ( Policeman, S 219). I took Brown, and received a bad half-crown from Mrs. Anstey, and another from Mrs. Hodges—I searched Brown and found a purse, but no money—I found on Callaghan two florins, a shilling, four sixpences, and 10 1/2 d . in copper, all good. WILLIAM WEBSTER These three half-crowns are bad. Brown's Defence. I was never in Mrs. Hodges' house. I went into Mr. Anstey's, but I told him where I got the half-crown from. I had plenty of time to make away with it if I had been inclined; I was there a quarter of an hour by myself I took it of a man I know by sight. Callaghan's Defence. I was at the Buck and Doe public-house, and this chap spoke to me. I went to Mr. Anstey's, and Brown came in five minutes. I went out, and he came after me. GUILTY .— Confined Fifteen Month each . 515. ELIZA CARROLL (55) , was indicted for a like offence. MESSRS. CRAUFURD and GOUGH conducted the Prosecution. SARAH WILSON . I am the wife of George Wilson, who keeps a general shop in Enfield Highway—on 4th April the prisoner came for an ounce of tea and half a pound of sugar—they came to 5 1/4 d .—she gave me a florin—I gave her 1 s . 5 1/4 d . change—I put the florin in a drawer—it was the only one there—I found it was bad in the evening, and gave it to a policeman. ELIZABETH PARRY . My husband is a grocer, of Lock-lane, Enfield—on 4th April, the prisoner came in and brought six pennyworth of stamps and ounce of tea—she gave me a florin—I gave her the change, two six-penny pieces, and threepence, and she left—I then found the florin was bad, and sent my little girl after her—she said she had not been in the shop—I sent for my husband, and gave him the florin. THOMAS OCTAVIUS PARRY . I received information, and followed the prisoner—there was a man with her—when I got up to her, she said, "Here are your goods, and here is your money," giving me 1 s . and 3 d ., whereas she had received two sixpences, and 3d—she took the stamps and the tea—I had not made any charge against her—I asked the man to stop—he had got a stone in his hand, but I was prepared with another—he ran away—I received, this florin from my wife, and gave it to the policeman. EDWARD RADWELL ( Policeman, N 27). Mr. Parry gave the prisoner into my custody, with the florin—I also received that other florin from Mrs. Wilson—the prisoner was searched, and an ounce of tea and 17 d . in copper was found in her basket. WILLIAM WEBSTER . These coins are bad, and from the same mould. Prisoner's Defence. The man overtook me, and asked me to go into the shops; he did not like to go into them himself He went on before, and I kept the tea, the stamps, and the money. GUILTY .— Confined Nine Months . 516. WILLIAM DAVIS (39) , PLEADED GUILTY ** to three indictments for Stealing a knife, the property of— Fullagar ; a pair of opera-glasses, the property of Josiah Lyons ; and a breast-pin and a chain, the property of Walter Mannering , having been before convicted. Seven Years' Penal Servitude , 517. FRANK BURNETT (22) , Feloniously breaking and entering the dwelling-house of James Spong , and stealing 1 clock, his property. HENRY HICKS . ( Policeman, N 37). About twenty-five minutes after six on 10th April I was going home along Kingsland-road, my duty was over—I met the prisoner carrying this clock under his left arm, he was on the oppo site side of the way—I followed him, stopped him and asked him what he was carrying, he said, "I have got a clock—I have been to fetch it for my father from a gentleman's house in Kingsland"—I did not feel satisfied and took him to the station, he gave me the address of a gentleman at 7, Ock field-terrace, Kingsland—I made enquiry; there is no such place as No. 7, Ockfield-terrace. Prisoner. Q. How far was I when you first saw me? A. I noticed you some little distance before you came to me, perhaps forty yards—I let you get twenty or thirty yards past me perhaps, before I turned back—it was between 300 and 400 yards from the Kingsland police-station where I saw you, exactly opposite the Ironmongers' Alms Houses, you were walking about a usual pace—it was two or three minutes perhaps from the time I first saw you till I came up to you. HERBERT GEORGE MAYNARD . I have the care of the chapel and schools in Southgate-road—on the evening of 9th April I locked up the school about nine or a little after—I saw it a little before seven next morning, and observed that the ventilator of the window had been taken out and a door unlocked on the inside, the ventilator being taken out would give the means of some getting in—I missed this clock, and this green baize—Mr. Spong is one of the trustees of the school, he has care of it—I am em ployed by him to take care of it. Prisoner's Defence. I was walking along the Kingsland-road on the morn ing in question, quite by chance I met an old friend, he appeared very ill; I asked him what was the matter, he said he was in great pain; he did not think he should be able to get home with this clock. I offered to assist him and carried it; he said he could not get any further, he would wait and get something at a chemist's shop. I was not aware I had fallen into a trap till the constable came to me. GUILTY . 518. FRANK BURNETT was again indicted with GEORGE BERWICK (19) , for breaking and entering the church of St. Thomas, Upper Clapton , and stealing 4 surplices, 5 hoods, and other articles the property of Frederick William Kingsford . WILLIAM PAULEN . I am verger of the church of St. Thomas, Upper Clapton—on 5th April I left the church at twelve o'clock, after morning service—I was by the church after that, but not to notice anything wrong—I left it at twelve quite secure in every way—I passed it in the evening, but could not see the windows—next morning I was called into the church about twenty minutes before eight—I found everything in confusion, books strewed about the floor, and all the gentlemen's robes gone out of the vestry, surplices, gowns and hoods and table linen and other articles—I had left them secure in a cupboard locked, anyone could get access to the church by climbing the wall and getting in at the window, that was the way it was done—three of the alms boxes were broken open and the contents taken out, I do not know what was in them. THOMAS MORRIS ( Police-Inspector N ). I examined the walls adjoining he church the morning after I received information of the robbery—I found that access had been obtained by a side window which they had got to by two walls in a passage that leads to the back of the incumbent's house. THOMAS COLLINGWOOD . I am a gardener, living at Spring-hill, Upper Clapton—on 6th April I was going to my work at five minutes to six in the morning—I had to pass by St. Thomas' Church and I saw three men come out at Mr. Kingsford's side door, he is the incumbent, his house is next to the church—the two prisoners are two of the men—I recognised Burnett as the first man who came out—I recognised him at Clerkenwell on the 10th, he was with about fourteen others and I picked him out, the other prisoner was also there—I picked him out, I knew him in a moment by the mole on the side of his face—he was standing alone, and I was told to go and look at him to see whether he was the person—they had no bundles with them, but they were bulky round the waist. Burnett. Q. What morning was it you say you saw me leave the church? A. On the Thursday morning, 6th April, I was about three yards from you, on the same side, there was no one else passing at the time—I could not swear to the third man—you came out from the door at the corner of the street, looked round to see if any one was coming and then went back and pushed the door back and let the others out—it was a door leading to the side of the church, into the church, it belongs to the church—I thought you were workmen because they have had a lot of repairs there lately, it did strike me as rather singular—but I thought you were painters or carpenters—there was not 10 l . reward offered for the apprehension and conviction of the thieves until after I had given information—I gave information the same day as the robbery, to the inspector—I met him in Hill-street close to the church and mentioned him to him—I live about a quarter of a mile from the church. Burnett's Defence. The witness must be mistaken, there are hundreds of people about early in the morning; if he had seen us leaving the church he would have followed us and given us in charge. The reason I am unable to call a witness is, that my sister was nurse to an invalid lady, and the very morning this happened she was sent away into the country with this lady, and I don't know where she has gone to. I don't know why he should not be able to swear to the other one if ha saw us all leave the place together. Berwick's Defence. I have a man where I sleep down in Clerkenwell, but I could not write to him; I am a stranger in London, I came up from Cam bridge on 1st April, and lodged at a coffee-shop in front of Clerkenwell police-court. BURNETT GUILTY .— Five Years' Penal Servitude. BERWICK GUILTY .— Confined Twelve Months . 519. GEORGE HOFFMAN (39) , and CHARLES GAURON (19) , Stealing one chest and 60 lbs. of tea of Richard Candler and another, the masters of Gauron. MR. METCALFE conducted the Prosecution , MR. SHARPE defended Hoffman, and MR. WARNER SLEIGH defended Gauron , HENRY DIGGS . I live at 7, Horford-street, Mile-end.—I am a foreman at the London Docks—I know Hoffman—on 10th April he was driving a van belonging to Messrs. Jones and Candler—he brought it to the docks for a, load of tea—another van of theirs came at the same time—the whole con signment was 300 packages of tea—I delivered them myself—I checked every one of them—150 were delivered into his van and 150 into the other van—Hoffman helped to load the van—he was on the box part of the time, not the whole of the time—he had a man assisting him—the other man took in some of the tea—I have not seen that man since—the chests were all ad dressed to Her Majesty's Customs, Belfast, F. G. and Co., (Foster, Green and Co.) there was a van of Pickford's there at the time—I gave Pickford's some goods as well—in consequence of some information I received, I fol lowed Hoffman in about five minutes—I saw the van drawn up at a public-house, Hoffman was at the horses' heads—I saw a man with a chest of tea on his back in the act of bringing it round the side of the van and he put it in an empty cart which Gauron was in—I did not see it come from the van—I did not see the man until he made his appearance round the van, the van hid him from my view—he was coming off the pavement round the van and then put it in the cart—the cart was drawn up I should think about a yard from the van, at the tail of it—I directly went over and examined it I recognised it as one of the 150 which I had put in Hoffman's van—I asked Gauron how he came by it and he said a man put it into the cart and wished him to take it to a certain place—I asked him what place and he said, "Up there," pointing up a turning opposite Sparrow-corner—he did not know where it was to go to, but the man was coming to let him know—he like-wise said that the man had told him to cover it over with a sack which he had in the cart, but he would not do that because he thought there might he something wrong—he had time to cover it over before I went up—I did not go up while the man was speaking to him—the man put it in the van without saying a word—I did not make myself known to Hoffman—I told Gauron he had better bring it with me which he did very willingly—I went with him to Messrs. Jones and Candler—we arrived there before Hoffman—when Hoffman came Mr. Candler asked him how it was that one of the chests had got off into a cart—he said he did not know he had got his right number, he knew that—I told him "I know you have got the right number but you have got one that you ought not to have," and on examining them I found one—that had not the same marks on it as the rest, quite dif ferent—the card had been torn off and was found next morning in the dock where the van had stood—the nails were left in the piece of card at each of the four corners—I left it with Mr. Candler—the two prisoners were given in charge—that chest that I spoke of came from another warehouse, not from mine—it ought to have been delivered to Pickford and Co—to the best of my belief the man who was assisting him in the dock was the man who was carrying the chest of tea—that man we have not been able to find. Cross-examined by MR. SHARPE . Q. You say Hoffman drove this van into the London Docks? A. Yes, it was about three o'clock in the after noon—Hoffman was there part of the time—he left the van shortly after he came in, he was there when we were loading the van, he was in the van putting the goods in, the other man was loading part of the time and then the two of them were loading part of the time—part of the time Hoff man was there and part of the time he was away—I did not see him all the time—I checked the goods off as they came down, by warrants, the number and weights are called out to me and I see if it agrees with the warrants—I have not got the warrants here—they were half chests, the public generally call them chests—it was a half packet that we found on Pickford's van, exactly the same with the card torn off—it had not the same mark on it as those loaded into Hoffman's van, nothing like it, quite a different mark, a different letter on the chest—Hoffman was at the horses' heads, he was not on the box when I first saw him, he afterwards got up on the box and drove away—I did not see the man who put the packet into Gauron's cart, till he made his appearance at the tail of the cart—I saw him at the docks—there is no witness from the Woolpack here—Hoffman told his master that he went in there to get a pint of beer. Cross-examined by MR. WARNER SLEIGH . Q. You say you had seen the other man, who is not in custody, before this transaction at the docks? A. Yes—he had been talking to Hoffman several times—I asked Hoffman my self the name of the man he had assisting him, and he refused to tell me—he said he had no one—Gauron did not attempt to go away with the cart when I spoke to him—he did not hesitate at all in the account he gave me of the transaction—there was no attempt to get away—he came with me very willingly when I spoke to him—he pointed to a street and said, "He wanted me to take it up there"—he did not know where it was himself; the man was coming to tell him. JOSIAH SLATER . I am a labourer in the docks, and live at 10, Charles-street, Bethnal-green-road—I was at work on 10th April as loop-hole man—I saw Jones and Candler's van driven by the prisoner there—I saw a van of Pickford's drive up by the side of the warehouse, and back in by the side of Jones and Candler's van—I saw another man besides Hoffman at tending to the van that Hoffman had charge of, and saw that man lift a half packet of tea off the load on Pickford's van and place it on the rail of Jones and Candler's van—it remained there as long as I was at my position—I communicated what I saw to my foreman, Mr. Neville, and took no further steps—I left at the time, and Mr. Neville remained—I did not see where Hoffman was at the time the tea was put on his van. Cross-examined by MR. SHARPE . Q. Do I understand you to say you did not see him at the time the chest was placed on the rail? A. I did not. SAMUEL SPURGEON . I am a carman in the service of Messrs. Pickford—I had a Tan of theirs, on 10th April, at the London Docks—my Van stood by the side of Jones and Candler's—my load was different packages of tea—I have seen a chest of tea that was afterwards taken from the prisoner's van—that was one that I ought to have received into my load. Cross-examined by MR. SHARPE . Q. Did you see how many chests were loaded into Pickford's van? A. I loaded it myself—they were different sized chests; half packets and boxes—a chest is a full-size package—there were four different sizes—there were ninety-nine packages altogether on that van—that was the number I saw loaded on—I did not see one taken off—I did not know till they told me that one had been taken off—I found I bad ninety-nine when I got to the end, I wanted a hundred—when I had loaded them I checked them, and afterwards we counted them altogether—we fill the bottom of the van first and then count them—after I had loaded I went for my pass, and said I had ninety-nine on the van—they said I was wrong—I counted them in layers. ALFRED THOMAS KURSELL . I am a carman, in partnership with Mr. Kemp, Sparrow-corner, Minories—at half-past 4 o'clock, on 10th April, I was standing at my door, and saw Jones and Candler's van pull up at the Wool pack public-house—I saw a cart driven up behind it, by the prisoner Gauron—I saw a man bring half a packet of tea round from behind Jones and Candler's van, and put it into Gauron's cart—I saw Hoffman there; he was at the horses heads—I am quite sure of that—I was going across to take notice, and I saw Mr. Diggs follow up, so I did not interfere. Cross-examined by MR. SHARPE . Q. Were you on the opposite side? A. Yes; right opposite the van; the Van was between me and the Woolpack—I was straight opposite the middle of the van—there were two carts there—they were both behind the van—it was a place where the horses stop to get water. COURT . Q. On which side of the horse was Hoffman, was he on the pavement side? A. Yes—I can't say whether he was holding the horses—he was there—the cart was not there before the van drove up—I saw the van drive up, and afterwards saw the cart drive up—the van might have been there perhaps five or ten minutes, I suppose—the horses would not start at the minute be wanted them to—I do not think the cart was there the whole of the time—he was not trying to start the horses till after I saw the cart there. MR. METCALFE . Q. About how long was he there before the cart was there? A. I should say not a minute or two. ALFRED THOMPSON ( City-policeman , 516). The prisoner Gauron was given into my custody by Mr. Candler—he told me the man asked him to do a job for him, and he would give him something for doing it—he said he then placed the tea in his cart, and then after it was in his cart he told him to cover it over with a sack—he thought something was wrong, and was very sorry he had anything to do with it, he did it unknowingly, thinking to get a drop of beer—Hoffman was given in custody at the same time—he said he went into the Woolpack public-house to get some beer, during the time he was in there, the tea was taken from the van and placed into Gauron's cart—he knew nothing about it. RICHARD CANDLER . Hoffman was sent out on 10th April in charge of a van—no other man was employed by me with him to my knowledge—I know nothing of this other man. COURT . Q. Has he been in your employ ten years, and you know nothing wrong of him? A. No; another employer present will speak for him. SAMUEL SPURGEON ( re-examined ). Joseph Baxendale is the principal of the firm of Pickford and Co., and no one else. THE COURT considered that there was no evidence against Gauron. Hoffman received a good character. NOT GUILTY . 520. GEORGE HOFFMAN was again indicted for stealing a chest of tea, the property of Joseph Baxendale and others, upon which no evidence was offered. NOT GUILTY . 521. SARAH IGO (22) , Feloniously wounding James Silman , with in tent to do him grievous bodily harm. MR. POLAND conducted the Prosecution, and MR. WARNER SLEIGH the Defence. MARY METCALFE . I live at 1, Crown-court, Portpool-lane—on the night of 20th April, I was at the Coach and Horses in Eyre-street-hill—Mrs. Silman was there—Mr. Silman was outside—I saw the prisoner—she pushed open the front door, and rushed up to the bar, and made a blow at Mrs. Silman—I put up my hand to protect her, and got my finger cut—Mrs. Silman was behind the bar—she is the landlady—she was standing up with her elbow on the counter—I did not see that the prisoner had a knife until I was cut—it cut three of my fingers—the blow was aimed towards Mrs. Silman's neck—there was a cry that she had got a knife—Mr. Silman came in and seized hold of the prisoner—I did not see what took place then—I had not seen her before that night—this is the knife ( produced )—it is a common penknife. Cross-examined. Q. Are you the wife of James Metcalfe? A. Yes—I have been married to him—we were married down in Yorkshire—my name is not Mary Ann West—I never married a man of the name of West—the prisoner came into the house before Mr. Silman—she came in by herself—he came in a few minutes afterwards; as soon as he heard the cry about the knife—he did not follow her in immediately—he did not push her in through the door; I swear that—I saw her push open the door, and rush up to the counter—I think she would have stabbed any one that night; she looked in an excited state—she struck at Mrs. Silman—I know a man of the name of Franks by sight—I believe he is a witness here—I have not been talking with the other witnesses in the case—I was behind the bar—it is not a very large one—it was not crowded that evening. MR. POLAND . Q. Were you on a visit to the landlady? A. I had been working there—Franks was there at the time the blow was struck, sitting behind the door—there were three people between him and Mrs. Silman—he was in the private bar; outside the bar. MARY ANN SILMAN . I am landlady at the Coach and Horses—on the night in question I was at the counter when the prisoner came in about five minutes past 10—she came with a double handful of mud and threw it at Franks—she intended it to go over Franks—it went over another gentleman instead—she then ran away—she came back in about three-quarters of an hour—I was then on the private side of the counter, leaning on my elbow—the prisoner rushed up to the counter with her hand closed—I did not see that she had got anything in it—Mrs. Metcalfe was standing by the side of me, and she sent the prisoner's hand on one side—the knife was within a few inches of my neck—Mrs. Metcalfe caught hold of her hand, and the prisoner drew the knife between her fingers, and nearly cut three of them off—I saw the blood on her hand—my husband came in to catch hold of the prisoner, and she turned round and cut his little finger—after striking at me she stabbed Mr. Franks in the shoulder—she went deliberately up to him, as he sat in the seat—when my husband caught hold of her, she fell on the ground, and he held her until a policeman came. Cross-examined. Q. How long have you been married to Mr. Silman? A. About three years—I am perfectly certain the prisoner rushed in—it must have been five minutes between the time of her coming in and in cutting Mrs. Metcalfe's hand and the entrance of my husband—my husband did not say anything at the time she threw the mud; he had not got time, because she only ran in and ran out again—he did not go outside the public-house and stay for nearly three-quarters of an hour waiting for her—he was not in the bar all the time—he was in the bar when she threw the dirt, and when she came back again he was outside looking at the lamps—he was not out more then ten minutes; prior to that ten minutes he had been in the bar—I could swear most positively that he did not push the prisoner into the house—he was not near her—she made use of a very bad expression when she used the knife—it was meant for Franks—she said she had not done for Franks yet, but she intended to do so, and intended to do for three of us that night—she rushed up very wildly at him—she went deliberately from me to him after cutting Mr. Silman's fingers—Franks was not drink ing with anybody in the bar at the time—I have beard of a woman named Hewitt—I have seen her in the house—I only know her as coming to the house as a customer. JAMES SILMAN . I am landlord of the Coach and Horses—I was there on the night of 26th April when the prisoner threw this mud at Franks—I ran outside to see whether I could see her to give her in charge, but could not—I saw her again at ten minutes before 11; I was standing outside looking at my lamps, and saw the prisoner rush into my house hastily—I followed her in, and I heard Mrs. Metcalfe cry out, "She has got a knife, she has stabbed me"—I went towards her, but before I could reach her she stabbed Franks in the shoulder—I caught hold of her left hand, and in attempting to catch hold of her other hand she jobbed me deliberately on the hand with the knife—I secured her other hand, and in the scuffle we both went down, and she said to me, "I will put the knife in your b----belly"—I held her down till the knife was taken from her—this is the knife, it cut my knuckle down to the end; it was a very bad deep wound—I believe the prisoner had been drinking during the day, but she was sufficiently sober to know anything and do anything—she was sober at the time she came to my house. Cross-examined. Q. When she threw the dirt, did you make use of any expression? A. No, Franks was in the bar sitting down—I might have said, "If she comes again, I will give her in charge"—I know Martha Hewitt—she was sitting there, not drinking particularly with Franks; with the person she was lodging with, and Franks was in company with them—I went out directly the mud was thrown, and staid out perhaps two or three minutes—I had only been out two or three minutes when the prisoner rushed in again—I did not push her into the house—I was not within three yards of her when she entered the house; I did not lay a hand on her—I followed her in immediately, and as I came in, I heard the cry of "a knife." CHARLES FRANKS . I live at 15, Gloucester-street, Clerkenwell, and am a basket-maker—I know the prisoner, I lived with her between five and six years, as my wife—I had left her about six weeks before this affair took place, as near as I can judge—I was not living with anybody else, but I was very often in company with a young woman named Hewitt, through whom the whole of this affair has taken place—I was at the Coach and Horses on this night, drinking with her; the prisoner came in, threw some mud at me, and ran away—when she came in the second time I was looking through the door, and I saw Mr. Silman deliberately push her into the place—I was next to the doors—she was in Mr. Silman's arms inside—of course I was a great deal affected at the time—I own she struck at me, but after she struck at me I sat down—where I was hit I don't know—I was cut very slightly indeed, on my shoulder. Cross-examined. Q. When you and the prisoner lived together, were you very happy? A. We were for a long time—she had seen me with Hewitt—Mr. Silman pushed her in, and as soon as she got inside the doors were bolted—I recollect hearing some one say that there was a knife somewhere—after she threw the dirt Mr. Silman went out of the house and remained out upwards of three-quarters of an hour; if he swears he only staid out two minutes that is false, his hat was sent out to him by Mrs. Silman after he had been out ten minutes or quarter of an hour—I did not see him come into the house again before the prisoner came in—I did not see the prisoner stab at Mrs. Silman; I did not see her cut Mary Metcalfe—when she struck at me she was in Mr. Silman's arms, he did not let her go at all—when I passed out he had hold of both her hands. COURT . Q. Did he leave go of her till after they were down on the ground? A. I would not swear whether she flung out her arms, but I don't believe he ever let her go at all—I don't know how a person on the other side of the counter could have had her hand cut. MR. SLEIGH . Q. When she came in did she not strike wildly about as if she was striking at anybody? A. When she came in her arms were thrown out, and Mr. Silman put her on the ground close under the bar. GEORGE EDGAR . I was present when the prisoner came in, I called out that she had a knife—I saw her make a blow at the counter with the knife, but I can't say who she struck or who she meant to strike, but after that she turned round and stabbed Franks in the shoulder—Mr. Silman then seized her, they struggled and fell on the floor—I caught hold of her hand and she let the knife drop. Cross-examined. Q. Was she very much excited? A. She was—I did not see Mr. Silman push her in; he did not push her in—I noticed her when she came in—I should say it was about half-a-minute between her coming in and Mr. Silman coming in. DONALD STEWART ( Policeman, G 76). The prisoner was given into my custody at the Coach and Horses—she said she was sorry she had hurt them, she meant it for Frank; she was apparently sober, she might have been drinking, but she appeared to me to know what she was about—she seemed very wild and excited. The Prisoners statement before the Magistrate. "I can prove that Mr. Silman pushed me into the house; I borrowed the knife to cut a cane off my crinoline, of Henry Bullock." GUILTY of unlawfully wounding.—Recommended to mercy by the Jury. — Confined Three Months . 522. GEORGE BAKER (30) , Feloniously wounding Charles James Conway , with intent to do him some grevious bodily harm. MR. ORRIDGE conducted the Prosecution. CHARLES JAMES CONWAY ( Policeman, N 110). On the morning of 11th April I was on duty in Stoke Newington—between a quarter and half-past 12, I saw the prisoner and another man in a narrow lane at the back of St. Matthias Church—I hid and watched them, but had not an opportunity of seeing them—I came out again and saw them come down off a wall at the back of the church, and hide under the hedge—about five minutes afterwards they came down very silently, watching and listening, trying to find where I was hiding—I then walked out and met them, and asked them what they were doing at the back of the church—the other man had a pair of these carpet mufflers in his hand—I said, "What are these," and he said, "That is what they are," giving me a push, "go about your business"—I laid hold of him, he had some heavy lumber about him, up his waist-coat—I then asked him where they lived, and he said, "At the back of Shoreditch Church"—I said, "You have no business at the back of this church then, I must take you to the station"—they said, "Come on then," and I made a grab at them—I was in the act of taking hold of them when I received a frightful blow on the top of the head from the prisoner—I looked round, it was a very bright night, and then saw that he had this jemmy ( produced ) in his hand—he struck at me again; I received altogether about three blows on the head, the last one knocked me down on my face, and he then struck me with something under the shoulder when I was down—I asked him not to murder me, because I had got nothing to protect myself—he said that he would, and swore something or other, after striking me again he ran off up the lane; I was nearly blinded with blood—I followed him up this lane—when he found I was after him, he turned into some fields—I followed him over some hedges till he came to a low wall, which he attempted to get over—I caught hold of him, and he struck at me with this jemmy again—I closed with him, caught hold of his hands, and after a desperate struggle succeeded in getting the jemmy out of his hands—he then made a rush at me, drove his head between my legs and tried to throw me on my back—I then hit him with the jemmy on the head, and he said that he would give in, I had basted him—I asked him to come to the station, but he swore he would not go a foot—all this time he kept calling out for "Bill," his companion—I was then in the act of taking out my rattle, and I threatened to blow his brains out if he stirred—he said he would not stir and I sprang my rattle—the fire-engine keeper and N 144, came up—I have been confined to my room a month to day, and was in bed three weeks of that time—I still suffer very much in my head—this other jimmy ( produced ) was found where the first struggle took place. JOHN BALAAM . I am engine-keeper at Shakespear-road, Hornsey New Town—between 12 and 1 on this morning I heard some cries—I went to the spot and detained the prisoner till another constable came and took him in custody—I saw Conway there—he was covered in blood. JOHN DAVEY ( Policeman, N 144). On the morning of 11th April I heard a rattle sprung and went to the spot—I found N 110, and the prisoner both covered with blood—I took the constable to a doctor and took the prisoner to the station—I found this pair of mufflers upon him, they are made of carpet, made to go over the boot and tie round the boot to prevent noise—I also found a box of silent matches on him—I went back to the spot where the first struggle took place, and found this other pair of mufflers—this jemmy was picked up by some workpeople the same morning. WILLIAM ROBERT WOODMAN , M. R. C. S. I live at Victoria Villas, Stoke Newington—on the morning of 11th April I was called to attend Conway—he had a very severe angular wound on the forehead, which might have been inflicted by one blow or two; it penetrated to the bone, through all the membranes and scalp, laying open the bone; he had another deep wound on the head, penetrating to the bone—he was covered with blood, and appeared in a very excited state—I have attended him ever since; he was in danger during the first two or three weeks, I consider—I found no external marks of violence on his shoulder—the wounds could have been inflicted by this jemmy; I measured them carefully, and found they adapted themselves to it; the nobbed end seems to be the end with which the wounds on the head were inflicted; his finger was also cut to the bone. Prisoner's Defence. —I had been to Barnet that afternoon to take some horses there; I was coming home and saw the policeman standing in this lane; he caught hold of my neck and we had a scuffle. I picked that iron up coming through a brick-field. GUILTY . — He also PLEADED GUILTY to having housebreaking implements in his possession, and to a former conviction.— Fifteen Years' Penal Servitude 523. JAMES BRADY (23) , Burglariously breaking and entering the dwelling-house of Margaret Sullivan , and stealing therein I shawl and other articles, her property. MR. SHARPE conducted the Prosecution. MARGARET SULLIVAN . I am a tailoress at 31 Sophia-street, Poplar, and am single—on Monday, 10th April, I went to bed at a quarter-past 11—I sleep in a room on the ground-floor, with my mother—my brother sleeps in another bed in the same room—I fastened the door of the room; the shutters were not bolted, they were closed—about a quarter before 2 o'clock I was awoke by hearing a noise in the room—I saw the window open and a man standing in the room—I called out, "Mother, mother, there is a man in the room"—he turned round, got on the window-sill, and jumped down—my brother hearing the noise got out of bed and went after him in his drawers—I saw the prisoner the next afternoon, between four and five, at the top of Dolphin-lane—I called a policeman and gave him in custody—I am sure he is the man—I did not exactly see his face, but I can swear to his build and to his cap and jacket—before I went to bed there was a shift and jacket and shawl on the table—I missed them between 11 and 12 o'clock the next day—I afterwards saw the publican give them to the policeman—I can swear to the things—they are all mine. JAMES SULLIVAN . I am the brother of the last witness, and am a sea-man—on the morning of 10th April I was in bed, and was awoke by my sister screaming out, "Mother there is a man in the room"—I jumped up, he had just cleared the window-sill and I jumped after him in my drawers—I followed him, and he ran into a doorway—I made a grab at him, but he had bolted the door, and was too quick for me, that was at 3, Dolphin-court—I did not catch him—I did not see his face, I saw his dress; he had an old brown reefing jacket on and corduroy trowsers—I stopped outside the house twenty minutes, but he did not come out—I went back, met a police man, and asked him if he would open the door, and he said could not open it as he did not see the man go in—I was at work the day the prisoner was taken—I went to the station on Thursday morning, and recognised him as the person who had been in our room—I had seen him several times before, I knew him by sight. JESSIE TODD . I am servant at the Black Horse public-house, High-street, Poplar—I found these things lying loose in our yard, as if they had been thrown over the wall—I think it was Tuesday morning, between 8 and 9; I took them to my mistress, they were afterwards given to the police man—I know where Dolphin-court is; only a wall separates it from our place. WILLIAM BUTLER ( Policeman, K 80). On Wednesday, 12th April, Margaret Sullivan gave the prisoner into my custody for stealing a shift a shawl, and a boy's jacket, from 31, Sophia-street, Poplar—the prisoner said, "I can prove that I did not have them, and I was a-bed at a quarter to 11 o'clock"—going to the station he said he was in bed about a quarter to 12, and be could bring witnesses to prove it—I received these things from Jessie Todd. COURT . Q. Are your instructions that you are not to try and get admittance to a house where a witness says a prisoner has gone in because you did not see him go in? A. No, if I had been there I should have followed him in—I was not the policeman—I know the prisoner well and he knows me; he lives at 3, Dolphin Court. Prisoner's Defence. I was in bed at half-past 11 that night. I heard a noise, and somebody outside asked me to let them in, and I would not. He could have captured me, he knew where I lived, why did he not come and take me the day afterwards. NOT GUILTY . 524. EMMA HARJEST (24) , Feloniously receiving 1 gold watch, the property of Waldemar Kretsyschmar , knowing it to have been stolen. WALDEMAR KRETSYSCHMAR . I am a jeweller at 9, Duke-street, Blooms bury—on 31st of June last, about half past 12 at night, I was coming out of Cremorne Gardens, when somebody struck me and robbed me of this watch ( produced ). ABRAHAM SWINDON . I am assistant to Mr. Roberts, a pawnbroker—this watch was pledged with me on 21st December, I don't know by whom—I had had it before, it was first pledged on 8th August by the prisoner—she redeemed it on 15th, and then repledged it on 3d September—it was re deemed on 26th, pledged again on 17th October, and redeemed the same day by the prisoner—three times it was pledged by the prisoner, and the fourth time by somebody else—she pledged it in the name of Webb every time. WILLIAM MILLER ( Policeman, G 148). I was present when sergeant Coat-hupe took the prisoner—I found this duplicate of a gold watch pledged for 2 l . on 21st December upon her. ABRAHAM SWINDON ( re-examined ). This is the duplicate that was given to the person who pledged it the last time. The prisoner's statement before the Magistrate : "I had them given to me, I did not knew they were stolen, and I wore them for some months; I took them to pledge several times; if I had then known that they had been stolen I should not have done so." Prisoner's Defence. I had them given to me at different times by the father of my children. NOT GUILTY . 525. EMMA HARJEST was again indicted for feloniously receiving 1 brooch, 3 lockets, 2 crosses, and 1 necklet, the property of William Johnson . EDWIN COATHUPE ( Police-sergeant, A 31). About 8 on the night of 10th April, I was in Old-street-road, and saw the prisoner carrying a parcel—I followed her to 17, Catherine-street, Vinegar-ground—I went in and found her in a room on the ground floor—I asked her what she had brought into the house—she said, "A hat belonging to Charley"—noticing that she was rather bulky, I moved her cloak on one side, and she had a box in one hand, and a bag over her shoulder under the other arm—I asked her what it con tained—she said, only a few tickets relating to some clothes of her own, which were given to her by a boy—I afterwards opened it, and found seventy-five duplicates—I also found a jewel-case, and five empty purses—these are the duplicates ( produced ). ABRAHAM SWINDON . I produce a brooch and an engine-turned locket, pledged on 17th September, I do not know by whom, also a pearl cross, pledged on 22d October, by the prisoner, in the name of Ann Webb, a turquoise and gold cross pledged on 28th October by the prisoner in the name of Ann Webb, and a gold locket, pledged on 1st November, by the prisoner in the name of Ann Webb, 40, Baldwin's-buildings—she used to wear that I believe—there was also a gold necklet, pledged on 29th November—she had pledged that before—she also pledged a gold and turquoise locket and other things on 14th December, for two guineas—these duplicates produced by the police are what I gave for these different articles. WILLIAM JOHNSON . I am a chronometer-maker and jeweller at 54, Thread-needle-street—on Monday 4th July I came to my premises about twenty minutes past 9, and discovered that the shop had been broken into, and the whole of the stock stolen to the value of 4,000 l .—I recognise all the articles produced here as forming part of my stock—the private marks are partially rubbed out on some, and on some they are quite perfect—the cost price of these articles is from 15 l . to 20 l . Prisoner's Defence. I had them given to me at different times, and wore them for several months, and took them to pledge several times. GUILTY .— Confined Nine Months . 526. JOSEPH HATTON (20) , to stealing 20 handkerchiefs, value 3 l ., the property of John Hall .— Confined Eighteen Months. [Pleaded guilty: See original trial image.] 527. JOHN SAMUELSON (56) , to stealing 60 Bank of England notes, the property of the Governor and Company of the Bank of England .— Five Years Penal Servitude. [Pleaded guilty: See original trial image.] 528. GEORGE GOLDRING (14) , to unlawfully wounding James Lomax .— Confined One Month. [Pleaded guilty: See original trial image.] 529. THOMAS POWELL (37) , to stealing 1 refrigerator, and other articles, the property of George Kent , his master; also , to embezzlement.— Confined Eighteen Months. [Pleaded guilty: See original trial image.] 530. WILLIAM DAVIS (50) , Unlawfully uttering counterfeit coin. MESSRS. O'CONNELL and GOUGH conducted the Prosecution. ALFRED VALLON . I am a licensed victualler, of College-street, City—on 20th April, about a quarter to 8 in the morning, the prisoner came for three halfpennyworth of rum and shrub, and gave me a bad shilling—I said to my potman in the prisoner's hearing, "Look here, is this a bad shilling? for this is the man that gave me a bad shilling before"—I said to the prisoner, "This is a bad shilling"—he said, "Is it? then I must give you another"—he took it up and pulled out a good one—I said, "Stop a minute, we will have a policeman over this affair; it is not the first one you have given me; I have the other in my pocket, and have been waiting for you some time"—he said that he had never been in the house before—(I remember his being there on 20th March; he ordered three halfpennyworth of rum and shrub, and tendered a shilling; I found it was bad when he was gone, and kept it in my waistcoat pocket till he came again). I have no doubt be is the same man—I sent my son for a policeman—the prisoner ran out, and ran into his arms—I gave the first shilling to the policeman. Prisoner. You said at the station that it was somewhere about a fort night or three weeks before; if I had known you would fix 20th March, I could have proved I was in Bedfordshire at the time. Witness. I said that I could not exactly say to a week—I never gave any definite time; I said a month of three weeks—I did not say four or five weeks. COURT . Q. Had you seen him before the first time? A. Yes—I knew him as well as my own brother the second time he came—I had seen him more then once before—I thought he worked at Red Lion Wharf, and went there to see. HENRY ESMOND . I am potman to Mr. Vallon—I remember the prisoner being at the house on 20th April—a bad shilling was shown to me, and my master sent me for a policeman—I was standing at the bottom of the street looking for one, when the prisoner ran out, and I stopped him—he ran into my arms—he offered me a good shilling—I do not remember having seen him in the house before. Prisoner. Q. Was I near you when your master showed you the shilling? A. Only six yards off—I fancy you could hear what he said. JOHN SCRAGG ( City-policeman , 406). On the morning of 20th April, the prisoner was given into my charge—he said that he did not know the shilling was bad, and be could not believe it—I took him to the station, and found a good shilling and five farthings—on him—he said that he picked the shilling up, and ran away with it to get it changed, as he knew where he took it—he first declined his address, but afterwards gave it to me—Mr. Vallon gave me the first shilling—this is it ( produced ). WILLIAM WEBSTER . This is a bad shilling. Prisoner's Defence. I did not know that I had such a thing about me; and as to giving that gentleman the shilling four or five weeks before, I know no more about it than a child. I have respectable people to give me a character. The prisoner received a good character. — NOT GUILTY . 531. SAMUEL JOHN PHILLIPS (46) , JOSEPH POPE (31) , JOHN GREEN (35) and WILLIAM MAILE (55) , Stealing, on 22d April , 30 loaves of sugar. Second Count , 8 cwt. of sugar on 8th September . Third court , 4 barrels and 6 cwt. of sugar, the property of Robert H. Carew Hunt and others, the masters of Phillips and Green. MESSRS. GIFEARD and POLAND conducted the Prosecution. MR. DALY appeared for Phillips ; MR. LEWIS for Pope ; MR. COLLINS for Green, and MR. WILLIAMS for Maile. PETER BOWEN . I am a carman, of 4, Heneage-street, Spitalfields—I know all the prisoner by sight—I do not know Green by name—I have known Pope three or four years by his calling at warehouses which I cart for in the City to collect bags and empty hogsheads—he used to call at Hazeldine's—in 1862, he told me that a party he was in the habit of buying hogsheads and packages of at King's-cross or Pentonville, had been in the habit of having suger from Brewer's Quay, and a party named Boreham had been in the habit of carting it for them, but had disappointed them two or three times, and a party asked him if he knew any one who could cart some, and he thought of me—he asked me if I could do so—I said, "Yes,"and asked where the things were going to—he said "To Pentonville, what time will you have a cart ready to go?"—I said, "In about an hour or an hour and a half"—I asked for the delivery-order—he said that if I would have cart then, he would send a party to go with me to the wharf—I do not know whether he took the note with him, or whether it had been lodged previously—this was at about 9.30 in the morning—Maile, who was a perfect stranger to me, afterwards came—he said that he came from Pope about the cart to go to Brewers' Quay—nothing was said about a delivery-order—I went with the cart and Maile—I have been in the habit of fetching goods from these quays—it is usual to take a delivery-order from the owner of the sugar, and to get it marked in the office, and take it up to the foreman, and then a cart-note issues—we get a weight-note at the place where they are consigned to—we leave the order with the man who delivers the goods—I take the cart note to my employer—here is an entry in my book, "April 22d, 1862, thirty loaves from Brewers' Quay to Pentonville, three shillings cartage"—that was to a person named Child—Maile went down on the wharf and soon afterwards they shouted out, "Bowen, Bowen, what do you want?"—I said, "I believe there are some sugars"—they said, "It is under here"—I drew my cart under the loop-hole, and thirty loaves of sugar were lowered into it—I got this cart note ( pro duced )—it is so long ago I cannot say who gave it to mo, but I know it is the note, because the name is on it—I know the faces of all the pri soners, but I cannot recognise either of them as having seen him at the warehouse, as I cart for so many people—I had to take the note into Phillips' warehouse, and give it to him, and he gives it to the other foreman to deliver—the cart-notes are always delivered after the goods are delivered into the cart by the foreman—Moule went home after the sugar was in the cart—he told me to take them to York-road, eight doors round by King's-cross, leading up to Battle-bridge, and Pope told me so also—I had a little bit of a note to take them to Mr. Child, at a confectioner's shop—I carted the thirty loaves of sugar there, delivered them to Mr. Child, and received 3 s . cartage from him—I put this note on my file, and afterwards found it there—( Read : "Brewers' Quay, Mr. Child, received 30 los. sugar, ex. Diana, 4c. 3q. 20 lbs. cart Bowen.—Joseph Barber & Co. J. Green, 22d April, 1862")—on 9th September I have this entry: "Mr. Child, self 8 cwt. refined from Brewer's Quay, Exeme 3 s ."—on that occasion I went with Maile to Brewer's-quay with my cart—Mr. Pope told me to go—lie used to come down to my place in the morning—sometimes I was there, and sometimes not—I never saw a de livery order—I stopped with the cart on the hill till I was called, and then went under the loop-hole, got the 8 cwt. and took them to Child's—Maile did not go with me, he went away home when the goods were loaded—I got a cart-note, which I must have left there—they are all alike—on 2d Oct., here is an entry: "Mr. Childs, 4 barrels from Brewers'-quay to Pentonville, 7 s . 6 d ." there is no description of them, but I think they were flour barrels—Pope told me to go on that occasion—Moule went with me, and left me as before—the weight was 1 cwt. and a half, to three quarters each—I took them to Child's—I am rather in a fog about one delivery, as to Maile going—I have a very strong idea about Pope going once—I never went without a cart-note—I saw nothing of a delivery order on any occasion—I always understood that it was lodged or taken down by some party with the cart. Cross-examined by MR. DALEY . Q. Were those three the only occasions on which you carted sugar? A. No; hundreds—I dare say I cart for twenty different grocers—I did not know that there was anything wrong at the time I conveyed these goods—two policemen came to my place on a Sunday morning, and asked if I had carted goods from Brewers'-quay twelve months ago—I asked them what name—they could not give me that, but said that it was in the neighbourhood of Clerkenwell or Pentonville—I referred to my book, and found the entries—though I remember the conversation! it is impossible to remember who it was that called out—I should not like to say that, on any particular occasion, Phillips delivered these goods—a man comes down and hires the cart—I do not know that I ever spoke to him six times before—I got a cart-note on one occasion—I did not give it up; very likely they did not pay the cartage—we often keep notes when they are for gotten to be delivered up—Phillips used to receive delivery-orders—I never saw him on these transactions, but I always saw him when I went for my regular customers with orders. Cross-examined by MR. LEWIS . Q. Will you pledge your oath that on one of these occasions, three years ago, Pope went with you in the cart? A. I will—Pope went down with me once, I am certain; I have a very strong recollection of it—I firmly believe he went with me once. WILLIAM CHARLES CHILD . I am a confectioner and manufacturer, at 192, Pentouville-road—in 1862 I lived at York-place, King's-cross—I know Pope; and Maile's father-in-law—I have had frequent transactions with Pope; he used to come to me—I have no memory of the dates—this paper is not signed by me—I have received cart-notes similar to this, with sugar; I do not know what has become of them—I have looked for them; I cannot find them—I have purchased sugar from Pope—I keep no books—Mr. Bowen, the carman, delivered the cart-notes to me—I paid Pope by instal ments, sometimes 5 l ., and sometimes 20 l .—I have purchased 46 or 48 cwt. to the best of my recollection—I have seen nobody but Pope in these trans actions, and I have paid him for all the sugar received through Bowen. Cross-examined by MR. LEWIS . Q. Are you a very careful man in business? A. Yes—there has been a complaint against me lately about some tea which was lost; it was supposed to have been stolen, and was found on my premises—that was the first complaint made against me—I was indicted for stealing it, and was acquitted—there are three more charges against me; one for buying old boots, and another for buying a tarpaulin—there are three in dictments against me, charging me with stealing articles from three different persons, but I do not know whether I am indicted for stealing them, or having them in my place—I am out on my own recognizances; my trial stands for the next Middlesex Sessions—I sometimes paid for the carting, and sometimes Pope did—I have paid Mr. Bowen, and sometimes Pope has paid him, but I always deducted the cartage—I did not always pay the carting money—I keep no books, because I have always paid ready money for the goods—I think the first purchase was something like 70 l . or 80 l . altogether; I cannot exactly recollect—there were 6 or 7 cwt.; you can easily get it—I received invoices; Pope would have them—there was some dispute between us; there was 20 l . mistake, and we had his books and bills there; I went over them—I think twelve months elapsed, and we could not find it out, but he still said there was 20 l . mistake, and he took the bills away, and never brought them back—Pope gave me a receipt on the invoices—I have not a single receipt to show, or an entry in any book—I have tried to find them—I mean to represent that there being a dispute between us, I gave up to him all the receipts I had, and the bills with them—I did not write out the orders for the sugar, which was afterwards delivered by Bowen —I live nearly four miles from Bowen—Pope did not live close to him; he lived at Stepney. Cross-examined by MR. COLLINS . Q. Had you invoices for all the trans actions you had with Pope? A. Yes. MR. GIFFARD . Q. Have you had them on other transactions besides these? A. Yes. EDWARD SAYRE . I am clerk to Robert Carew Hunt, and Thomas Turn bull, the prosecutors—they trade under the name of Joseph Barber and Co., as wharfingers, at Brewers'-quay, and among other things store refined sugars—Phillips was in their employ up to about November last as warehouse-foreman—his duties were the general supervision of the warehouse—it was called Phillips' warehouse—Green was under foreman, assistant foreman, and was employed in the same warehouse—Pope and Maile are not con nected with our place—if a merchant requires 50 loaves of sugar, he sends a delivery-order for them the form of which varies—if anybody applies for blank orders we supply them; if not, they write on blank paper—it is first taken by the carman, or the person applying for the delivery of the goods to the counting-house at Brewer's-quay—I know the routine, but the head clerk can give it to you as well or better than I can—the clerk signs or initials the delivery-order—he already has an entry of it—he has 1000 loaves of sugar on one side, and on the other he shows how it is dis posed of—he takes that from the delivery—order after the goods are delivered—no entry is taken of it till it passes to the carman—it is given up in ex change for the goods by the foreman—supposing the delivery to have taken place at Phillips' warehouse, the order would be returned to the counting-house by the foreman next morning, and written off—the order is copied by the foreman into this book at the time of the delivery of the sugar into the warehouse—the book is kept in the warehouse—Green's writing appears in the books at that time, as keeping them under Phillips' superintendence—I have here the original book, into which the order was copied, and sent into the counting-house with the delivery-orders—the order would then be marked off—we credit the prosecutors, and debit the customers—when the order is marked in the counting-house, the foreman takes it to the person who deli vered the goods, and a cart-note would be given—these ( produced ) are the counterfoils—the foreman would give the delivery-order to another foreman, or to anybody who was disengaged—Green appears to have written most of the counterfoils; he was the delivery foreman—in the ordinary course the counterfoil would show what was the substance of the cart-note—it would be very irregular to give a cart-note without entering the particulars on the counterfoil—this which has been produced by Bowen, bears Green's signature, and I believe the whole of it is his—I can find no record in the delivery-book of any order of 22d April, 1862, to Child or Pope, of 30 loaves of sugar, ex Diana, to Bowen's cart, but this is the cart-note; it is in Green's writing, on one of our forms—this is not the first occasion I have looked for it—you will see at the end of this book that some counterfoils are blank, though the cart-notes are gone—we do not number them—I have looked in the place where the delivery-orders of that date are kept, but cannot find one applicable to this transaction—I have looked at 9th September, 1862, and the same answer applies—there is no trace of the transaction, nor of 4 barrels on 2d October—a very considerable quantity, 24 tons, of loaves of sugar has been missed from the warehouse. Cross-examined by MR. DALEY . Q. What is the greatest amount of sugar in the warehouse, 1,000 tons? A. No; I made a mistake last time; I con founded loaves with tons—in 1862 there were 126,000 loaves, or 1262 tons, in Phillips' warehouse—there was that quantity, on an average, all the year round, with the exception of last year—it is all foreign sugar—Phillips was perhaps fifteen or twenty years foreman; he has been in the employment thirty years, I think—he was discharged about last October—he was re manded ten times—he was tried here in February on part of the charges, and acquitted—he was afterwards arrested at his home on a new charge, not on this charge—he was not supposed to keep the books; he sometimes gave cart-notes—he had a general superintendence—he knew what orders went into the establishment—he was supposed to take all delivery-orders, and see them executed—he would give them to the delivery foreman, or the other foreman, Green. Cross-examined by MR. COLLINS . Q. How long have the prosecutors been in business? A. Our late principal was in the business from seventy years ago—stock was last taken in October or November, I believe—stock is taken every five years, of all goods in bond—if goods came in in 1859, stock would be taken of them in 1864; it is taken every five years back, but last year we had a general stock-taking, on account of these deficiencies—all sugar is in bond—it is not our place to take stock like a merchant—I cannot tell you when there was a general stock-taking before; we have never been plun dered to this extent—goods are taken from the ship into a barge, and sometimes to the quay, and then to the first floor of the warehouse—there are four or five floors—sugar-loaves are generally placed on the first or second floor; they might be placed on the fifth floor on a press—the waste in getting them to the top floor depends on the quality of the sugar—there is some times considerable waste—I have never sworn that there was half per cent. of waste; I said that if the loss did not exceed a quarter per cent. the mer chant did not complain—his Lordship made a calculation, but that was upon this fabulous quantity—a quarter per cent. is 5 lbs in the ton—1,262 tons pass through Phillips' warehouse in the year—if it is handled roughly there is more waste, and the waste also depends on the quality, to a certain extent—Phillips Was the head of the warehouse, and had two under foremen, Green and Holman—he had also a great many men under him, thirty men a day on an average, and sixty or eighty if it was a very busy time—these counterfoils in the delivery-order book should be filled up first as if you were writing a cheque—this "J. F." is James Foley's writing; he is a sort of assistant man—"W. F. C." is another assistant on a press; his name is Cave—other people besides Phillips, Green, and Holman wrote counterfoils of cart-notes—this book has the appearance of having bad some counterfoils torn out on 22d April, 1862, and the back is broken or torn—the counterfoil of this cart-note might be torn out on 22d April—the counterfoils both before and after this are dated 22d April—the number of leaves in the books is very irregular—Green had charge of the sugar-floor under Phillips; he was justified in obeying Phillips if he had the delivery-order, and if he saw the goods laden himself—not without, and if he saw the goods delivered he would naturally do it without being told—he has been in the service, I think, seven or eight years—I have been there twelve or thirteen years—there are fifteen or twenty clerks in the counting-house, but it is divided into departments—one clerk principally takes the sugar-books; he is assisted sometimes, if we are pressed—I attended the whole of the re mands at the Mansion-house—Pope was first given in custody, and was put into the witness-box—the men were acquitted, but not on the whole of the charges, and then Pope was given in custody again. MR. GIFFARD . Q. Was that a charge of having appropriated sweepings in the warehouse and sweepings only? A. Yes, and they were acquitted— your learned friend suggested that it was the privilege of the workmen to take them, but that is matter of opinion—it was Phillips' duty as superin endent to see that no loaves went out without a delivery-order, and if he found it was being done to stop it, and call the attention of his principals to the fact—Phillips and Green have been there some time; they bore high characters, and my employers had great confidence in them. COURT to R. SAYRE . Q. Would a delivery-order be signed by or on behalf of the person who had goods at the wharf? A. Yes; it would be, "Deliver to So-and-So's cart"—if the goods stood in the name of John Smith, then John Smith would order us to deliver to a certain person's cart so many Cwt. ; if it was to Bowen's cart the order would say so, or we should not deliver it, we should know nothing of the person to whom he was to take it—the man who delivered them at our wharf would not ask the carman to whom they were going, it would be specified on the delivery-order—this delivery-order ought to be signed by Child—the cart-note would be in the same name as the signer of the delivery-order—if Mr. Smith has one hundred loaves of sugar, and sells fifty to Brown, the delivery-order would be, "Deliver fifty loaves to Mr. Brown, who would endorse on the back of the order, "Deliver to So-and-So's cart"—supposing Brown endorsed the delivery-order, the cart-note would be made out in his name. Pope and Maile received good characters. PHILLIPS — NOT GUILTY . POPE — GUILTY . Confined 18 months . GREEN — GUILTY . ( See page 58). [See page 85 for punishment.] MAILE — GUILTY . Confined 18 months . 532. THOMAS WYMAN (29) , Unlawfully obtaining 1 watch and 1 barometer, by false pretences, with intent to defraud. MR. TAYLOR conducted the Prosecution. CHARLES CRAWLEY . I am a starch-manufacturer, of Ludgate-hill—the prisoner was my traveller to obtain orders on commission—I knew him as George Phillips—I had some watchmaker's and jeweller's stock in my hands, and on 15th or 16th August, the prisoner said that Mr. Oliff, of the Star and Garter hotel, Copenhagen-street, was in want of a barometer, such as I had to sell—I permitted him to take one to show Mr. Oliff—he said next day that the barometer requited adjusting, which would cost one shilling, and Mr. Oliff would then take it and pay for it—the price was twenty-five shillings—I have never received the barometer or the money—a day or two previous to 19th August, the prisoner said that Mr. Watson, of the Cranbourne Hotel, St. Martin's-lane, wanted to purchase a gold watch, such as I had to sell, to present to his daughter, who was going to be married, and was content to pay the price I fixed upon, ten guineas, if it suited him—I took the precaution of seeing that there was such a person before parting with it, and went and saw Mr. Watson's name over the door, so on 19th August I entrusted the prisoner with the watch to take to Mr. Watson—he was to return it or the money the same evening—I should not have parted with it if he had not told me that—I never saw it again, and never saw the prisoner till 22d April, when I gave him in custody. Prisoner. Q. How did I enter your service? A. For the purpose of serving a writ on a person named Joseph, who my assistant was unable to meet with—you swore that you had served the writ—I have a memorandum here on an envelope of engaging you as George Phillips—it says, "Gave him writ and copy for service"—there is no date to it—I did not pay you for doing it, but my solicitor did—you made the affidavit of service in the ordinary way—I entrusted you with a watch the day previous, which strengthened my opinion that you were honest; but I entrusted you with one the same day to take to Aldridge's Repository, and I understand you went in a different direction and offered it to my solicitor's clerks—I cannot undertake to say that you did not go to Aldridge's—it was a silver lever stop-watch, and was easily convertible into money—you brought it back to me saying that it required being adjusted and put in going order, and then the person at Aldridge's would purchase it at the additional price—it had stopped when you brought it to me, because you did not understand the stop—I am not able to say whether any one was present when I handed you the gold watch and chain—I did not say at Westminster that it was on 10th August, I said that I was unable to say the date until I went to my office—I bad given orders to my travellers to take you in custody wherever they saw you—your commission was 5 l . per cent.—I employed you to serve a writ, and asked you if you were in a position to effect sales for me. SAMUEL OLIEF . I keep the Star and Garter—I have seen the prisoner before—he did not come to me about 10th August, in reference to purchasing a barometer, nor did I send any message by him in reference to one. INGLE WATSON . I live at 21, Lloyd's-road, St. John's-wood-road—in August last I kept the Cranbourn Tavern, St. Martin's-lane—I never saw the prisoner to my knowledge till last week at Guildhall—I never saw him about a watch and chain—I had no daughter about to be married; my eldest daughter is only ten years old—he brought no watch and chain to me. Prisoner. Q. Is there a gentleman at the Cranbourn very similar to you? A. No; there is only myself and my old uncle, who is a little man—I have not been with him at Mrs. Walker's in Holborn—I have been there with Mr. Jones, a traveller for the Burton Brewery Company—he may have been in my bar. RICHARD PARSONS , ( Examined by the Prisoner ). About two or three months after 19th August, I met you by the Elephant and Castle, but did not give you in custody as Mr. Crawley had told me, because there was no policeman near—a policeman was about twice as far off as the length of this Court; but it was more through kindness to you that I did not call him—I told you to go to Mr. Crawley, as I had orders to take you up, but would not say anything about it—I advised you to see him, and settle with him—I did not tell him that I had met you—I met you again about a month afterwards, but did not give you in custody, because you promised to come to Mr. Crawley and settle it—you said that you would do so, but that you did not like to go to the office because of the clerks—you asked me for his private address, and I told you he did not like to see persons there. JOSEPH MCKAY ( Policeman, A 533). I took the prisoner. Prisoner. Q. Were you at the police-station at Westminster on Saturday? A. Yes—the date the prosecutor gave was the 11th or 12th; he was not certain which, but said be could refer to his book at home—you were afterwards taken to Fleet-street station—the prosecutor gave the date there as the 19th. Prisoner's Defence. I submit that the case of the barometer falls to the ground, as the landlord of the Star and Garter, Copenhagen-street, is not called. There is a difference of two miles between Copenhagen-street and Caledonian-road. The fact is, Mr. Crawley wanted a writ served, and I served it, which occupied me two days and a night, and I have never been paid. He also employed me to get rid of some shares, and for that I have never been paid. He told me he had several watches, chains, and rings to dispose of, and asked me to find him a purchaser. I found a gentleman who wanted a good lever watch, and took it to him, but unfortanately it stopped, and I took it back to Mr. Crawley, who sent it to the watchmaker. A gentleman in Mr. Watson's bar wanted a watch and chain like one which Mrs. Walker had, which I had sold her. I took the watch to him and showed it to him, and when I returned to Mr. Crawley's the place was closed; and wishing to make myself smart, I put it on, got drunk, and was robbed of it, and of a purse containing 3 l . or 4 l ., and got locked up in Clerkenwell station-house. I was so bad in the night, that I was obliged to be taken to the hospital through delirium tremens, and was discharged by the Magistrate next morning. A week and a day afterwards, I met the prosecutor's clerk, and told him all the circumstances. CHARLES CRAWLEY ( re-examined ). The prisoner said Caledonian-road, not Copenhagen-street. SAMUEL OLIFF ( re-examined ). Copenhagen-street is a quarter of a mile from my house—there is no Mr. Samuel Oliff keeping the Star and Garter there to my knowledge. GUILTY .— Confined Six Months . 533. TIMOTHY HANCOX (49) , Feloniously sending 3 quarters of beef to Newgate-market , unfit for human food. MR. SLEIGH conducted the Prosecution, and MR. COOPER the Defence. GEORGE CATE . My father is a dairyman and farmer at Wolston, near Coventry—in February last we had a cow which calved, she fell sick, was attended by a veterinary surgeon, and soon afterwards died, we sent for the defendant to skin her, my father met him in the street—he is a jobbing butcher—he came on 27th February and offered to buy the cow, my father sold the carcase and the calf to him for 30 s .—he skinned it on our premises—I saw it after it was skinned, it looked a dark colour, and smelt bad—two days afterwards, it was removed by the defendant in a wheelbarrow—it smelt worse then—the calf lived. Cross-examined. Q. Is it not necessary that the skin should be taken off as quickly as possible after the animal dies? A. Yes; a good judge of meat would see at once what state it was in; packing it up and sending it to London would make it smell worse. RICHARD ELKINGTON . I am a veterinary surgeon, residing at Wolston, near Coventry—I was called in to attend this cow which had calved—the cow died of milkfever—I did not see the calf—when a cow dies from milk-fever the flesh is certainly not fit for human food, this cow died in a high state of disease—I saw her both alive and dead—I did not see her after she was skinned. EDWARD MATTHEWS . I am a meat salesman in Newgate-market—on the morning of 3d March a packet of 3 quarters of beef arrived at my estab lishment by the London and North-Western Railway, it was labelled and directed to me, this is the label, ( Read : "Timothy Hancox, Wolston, War wickshire, to Edward Matthews")—I believe it was dressed in the ordinary way in which meat sent up for human food is dressed, and packed in the usual way in cloths—it had a peculiar appearance, but I could not decidedly say it was totally unfit, of course if we have anything doubtful we call the attention of the inspectors to it—Mr. Newman had been to me about the beef two or three times that morning in consequence of a telegram he had received—I received this note ( Read : "Sir, I have sent you some beef, I should have sent oftener but some of yours or others have kept my cloths—Yours, &c., Timothy Hancox")—I had received meat from the defendant about two years ago; middling meat. Cross-examined. Q. Do not you know that he always put the weight on the ticket before this occasion? A. Yes; there is no weight on this label—I have been in my business the whole of my life. MR. SLEIGH . Q. Do you deal in anything else, except in meat for human food? A. No; we don't sell bad meat, we sell human food. Mr. COOPER . Q. Do not you know that sometimes meat has come to you for other purposes? A. Sometimes farmers or butchers have a misfortune with their cows, and they will occasionally say, "Mr. Matthews, will you send this to the boilers' as it is not fit for human food; I shall leave it to your judgment." MR. SLEIGH . Q. Was there any such suggestion made to you by this man, that you should send it to be boiled down? A. No. JAMES NEWMAN . I am one of the inspectors of the Corporation, ap pointed by the Commissioners of Sewers—my attention was called on 3d March to three quarters of beef—I received a telegram on the evening before and waited at Mr. Matthews' till it came—I saw the label; I saw the hamper opened, I examined the meat, it was dressed in the usual manner as beef is, it was very red and inflamed, I could see that it was part of a cow that had died: to an experienced eye it was decidedly obvious that the meat was diseased and unfit for human food—I afterwards went down to Wolston and saw the defendant, he is a jobbing butcher there—I took the sergeant of police with me to his house—I told him I had come down to make some enquiries about three quarters of beef he had sent to London, that I was an officer and what he told me I should have to repeat to the authorities—he said he had sent three quarters of beef to Mr. Matthews—I asked him if that was the meat he had from Mr. Cate, he said, "Yes"—I asked him if this note was his writing, he said yes, but he had not sent it up for human food—he said he had boiled the other quarter down and given it to his pigs—I showed him the label and he said it was in his writing. GUILTY .— Confined Six Months , and fined 20 l . 534. ELIZABETH SUTER (22) , was indicted for the wilful murder of Mary Ann Suter . MR. SLEIGH conducted the Prosecution, and MR. METCALFE the Defence. MATILDA SUTER . I live at 9, North-street, Brompton—the prisoner is my sister-in-law—in March or April last she came to my house from the work-house, she remained there three weeks with the child—on Thursday, 20th April she went away with the child at three o'clock in the afternoon—she said she was going to take it to the workhouse where she was confined—I never saw the child again alive—I saw the prisoner again on the Friday—she said she had taken the child to the workhouse—I afterwards saw its dead body. Cross-examined. Q. Did she appear to be kind to the child? A. Yes she appeared so while she was with me. ANN MARSH . I am a nurse in the Marylebone workhouse—about 16th March last the prisoner was an inmate there, and was delivered of a female child—she left on the Friday fortnight of her own accord, taking the child with her—I nursed and washed the child while it was there, it seemed in good health when she left—I never saw it alive afterwards; I never heard that she brought it to the workhouse afterwards—I have since seen the dead body and recognized it as the child of which she was delivered. Cross-examined. Q. Did she appear to be kind to the child? A. As far as I could see she did. CHARLES LLOYD ( Policeman, A 97). On Friday, 22d April, I saw the dead body of a child at the Mount-street station, it had some clothing on and a napkin marked "E. Suter" in ink—on the Monday following the 25th, I saw the prisoner at No. 9, North-place, Brompton—I asked her if her name was Elizabeth Suter, she said, "Yes"—I asked if she ever lived at No. 12, North wood-terrace, St. John's-wood—she said, "Yes"—I told her I was a police-constable and I should take her into custody on suspicion of mur dering her child—I cautioned her and told her she bad no need to say any thing without she liked, but whatever she did say would be taken down and used in evidence against her on the trial—she sat down in a chair and began crying, and said, "I know that I have made away with the child, and as much as I could keep from throwing myself into the water as everyone is against me"—her sister-in-law said to her, "You don't mean to say that you have made away with the child?"—she said, "I have, I took it to the woman that was going to have it, and when I got there she would not have it, so I made away with it." WILLIAM GOLDING . I live at 95, Eaton-place mews—I was in the park on Friday morning and saw something floating in the water—I pulled it to the water's edge and found it was a dead body—I called the park keeper. Cross-examined. Q. Was it wrapped in anything? A. No; it had on its bed-gown and a flannel. RICHARD HENRY LACEY . I am a park-keeper—in consequence of what the little boy (Golding) said to me I took the body of a female child out of the water—it was dressed in the ordinary way it would be in doors, or rather in its bed-clothes, and there was a napkin round its body in the usual way marked, "E. Suter"—I took it to the workhouse. JAMES STANLEY CHRISTIAN . I am a physician and surgeon of Thurloe-place, Brompton—I was called on to inspect the body of this child at the Mount-street workhouse on 21st April—I made a post mortem examination on the 25th—I was quite unable to form an opinion of the cause of death—the appearances were consistent with death by suffocation or drowning, what was the actual cause I cannot say—it was quite bloodless. Cross-examined. Q. Suffocation and drowning would be the same thing would it not? A. Yes; if there was drowning there would be suffocation—there were no symptoms to lead to that conclusion—there was an absence of symptoms of all kind; when I say the child was bloodless I mean that the organs were so bloodless that I could come to no conclusion—there was blood, but in such a small quantity—the child was scarcely emaciated enough to say that it died of inanition, with a scarcity of blood there would be other symptoms—I don't think the other circumstances in connexion would warrant me in saying the child was about five or six weeks old—if it had been thrown into the water alive, the water would have been absorbed in the meantime—if the lungs were full of water in twenty-four or forty-eight hours it would disappear, and leave no traces of suffocation—I should have expected to find traces of suffocation, but those traces were lost because there was no blood to be congested, the lungs were as white as paper—I ex amined the brain—in ordinary cases of drowning the vessels of the brain are full of blood—the stomach in this case was perfectly empty—I should not expect to find water there, it is not the rule—I did not find any one of those symptoms which are generally to be observed in a case of drowning—there was no external injury of any kind. COURT . Q. Where did you see the body? A. About an hour after it was taken out of the water, from half-past eleven to twelve on Friday, 21st April, it appeared to me not to have been above one or two hours in the water—I did not get the Coroner's order to make the post mortem examina tion until five days afterwards; so that there was time enough for all the appearances to disperse—externally, the skin had not the appearance of having been in the water above one or two hours—if it had an ordinary quantity of blood in its body when it was thrown in the water—I could not account for the blood leaving it—there was no wound from which it could have escaped—I believe it must have been in that comparatively bloodless condition when thrown in—if it was alive at the time it was in a very weak condition from want of blood. NOT GUILTY . 535. WILLIAM AMOS (27) , was indicted for, and charged on the Coroner's inquisition with, feloniously killing and slaying Daniel John Keenan . MR. LILLEY conducted the Prosecution, and MR. SLEIGH and MR. F. H. LEWIS the Defence. RICHARD MOON ( Policeman, K 166). On 14th April I was on duty in the Mile-end road, about twenty minutes past five, and saw the prisoner driving a light cart; there were two other persons in the cart with him—when I first saw him he was coming over the Globe-bridge over the Regent's canal, that was about three quarters of a mile from where I afterwards heard the child was run over—he was driving a very high-spirited horse; he was going I should say about ten miles an hour—he was holding the horse very tight by the reins, the horse appeared to be out of control when he was crossing the bridge—when he got to the King of Sardinia beer-shop he loosened the reins, and the horse went off at the rate of thirteen or fourteen miles an hour—I watched him for nearly quarter of a mile, as far as I could see him—he appeared to be going about the same speed; it went off into a gallop at first, I can't say whether it kept up the gallop or not. Cross-examined by MR. SLEIGH . Q. Is there a railway-bridge between the canal-bridge and where the accident occurred? A. Yes; about half-a-mile from the canal-bridge—he was coming towards me over the bridge, and when he passed I turned and followed him; he had one rein in each hand, pulling them very hard to hold the horse in. COURT . Q. Is it not a very broad road there? A. Yes; there was a great deal of traffic on that day. JAMES WHITE ( Policeman, K 63). About half-past five on Friday after noon, 14th April, I was on duty in front of the railway-station, Bow-road, and saw the prisoner driving a horse and light cart, coming from the Globe bridge—there was another cart almost close to it trying to pass it and when the prisoner got in front of me he said to the man who was driving the other cart, "Come on, "then when they were about twenty-five yards past me, they both drove off at a very furious rate, both horses breaking into a gallop several different times—I followed them for three or four minutes, I kept sight of them for about 100 yards or rather more perhaps—I then went as far as the police-station when I saw a man bringing the child covered with blood—I went with them to Dr. Gills, then to the dead-house and then to the station—I saw the prisoner there standing in the crowd with his friend Mr. Wynn who was with him in the cart—they went into the station, I fol lowed them in and told the prisoner he must consider himself in custody for furiously driving a horse and cart and killing a child—he said, "I could not help it as my horse took fright at a train that had just passed"—I said "That could not be, as there was no train passed at the time you passed"—no train had passed, I was standing right over where they would have to pass underneath, and I could see the steam if a train passed—at the time the accident happened the cart had passed the railway nearly 300 yards—I also said to the prisoner more than that, you pulled up your horse and said to the other man, "Come on"—he made no reply to that. Cross-examined by MR. LEWIS . Q. Did you not say "You slackened your horse's speed for the other horse to get up?" A. Yes; he did not reply, "No, there was no other cart with us"—I don't remember those words—( The wit ness's deposition being read contained that expression )—I don't remember the words—I would not undertake to say it was not said—the first increase of speed was by the railway-bridge—I had been standing there about ten minutes—there was no whistling of a train while I was there—I would not say that no train passed, but there was no whistling—the words I heard the prisoner use were "Come on" not "hold on"—I was about five yards off at the time. JURY . Q. What state was the horse in when it was stopped? A. All in a white foam and perspiration, from sweating. MARY KEENAN . I am the wife of Daniel Keenan, of 15, Stewart-buildings, Bromley—on the afternoon in question between five and six o'clock I was going down High-street, Bow, opposite Bow church—I had three of my children with me; one of them was the deceased boy, between five and six years of age, named Daniel John Keenan—I saw the prisoner's cart coming along—the child had run away from me, going across the road—the prisoner was about a couple of yards from me when I first saw him—the pathway where the child got on to is narrow, the road is wide—I think the child had got across the road on to the kerb and the horse knocked him down, he was going to get up on to the kerb; he bad left me, I was on the opposite side of the road to the cart—I was going to follow him when I saw the horse—it was going rather fast—I saw the child ran over; the horse knocked him down—I called out, "My child" loudly, the prisoner pulled up directly—I have no idea at what pace he was going—I followed the child when it was taken to Dr. Gill. Cross-examined by MR. SLEIGH . Q. You had two or three other children with you? A. Yes, one at my side and one in my arms—I did not hear any one call out to the child—I was attending to the other children—I think the child stopped just before it was knocked down, as if undecided whether to go backwards or forwards, and instead of stepping back it went forwards—before it stopped I saw its danger, and called out to it—at that time the cart was not four or five yards from it—the prisoner pulled up as quickly as he could, got down, and expressed his deep sorrow for what had occurred—he was very kind—he paid the expenses of the funeral—as far as I could see he was trying to get the horse under control and to stop it—I think he pulled one of the reins to turn the horse away from the child—I think it was quite an accident. SAMUEL SMEETON . I am a baker at 13, High-street, Bow—on the after noon of 14th April, between 5 and 6, I was in my shop, behind the counter—I heard a horse coming along the road in a cart—it appeared to make more noise than usual—it was not exactly trotting, but as if it had broken out of a trot and was being pulled up into a trot again—I looked through my window and saw the horse's head, and at the same moment I saw a child in the road, and I saw the child knocked down and killed—all that I saw scarcely occupied a moment—I did not notice in what condition the horse was—it was pulled up immediately—my vision did not extend above ten or twelve yards from the position of my shop window—the horse stopped within a yard or a yard and a half of the child—I had no opportunity of seeing at what pace it was going—I imagined it to be about twelve miles an hour—he pulled up within twelve yards of where I first saw him. Cross-examined by MR. SLEIGH . Q. When you first saw him was be ap parently trying to pull the horse up? A. Yes; that was before the child was struck—he pulled up very suddenly—it appeared to me that the child made a pause in the road as if it had lost its presence of mind; if it had stepped back it would have been safe—I first saw it about a yard from the kerb, and the moment I saw it it was knocked down—it appeared to me to have stepped back from the kerb—I did not see it do so—that is my impression—it had no time to move; it was so momentary—there is a curve in the road, some distance up, in the direction from which the hone and cart was coming—there is a church, and a road on each side—as far as I could see the prisoner was doing all he could to avoid the accident—he was on his right side of the road. MR. LILLEY . Q. How long did you actually see the cart and the child? A. Not a second. JOHN FITZGERALD ( Policeman , K 102). On 14th April, between 5 and 6 o'clock, I saw the prisoner driving a horse and cart in the Bow-road, about thirty yards before he got to the spot where the accident happened—he was driving at the rate of about thirteen or fourteen miles an hour—the horse looked as if it had been lathered over with soap, from perspiration—I ob served another cart, as if they were racing—the prisoner appeared to be driving with a free rein—I went up directly the accident occurred—I was up a turning at the time. SAMUEL LAURENCE GILL . I am a surgeon, of 4, Campbell-terrace, Bow-road—on 14th April, between 5 and 6, the deceased child was brought to me—it was insensible, bleeding from the nose, mouth, and ears, and there was a large wound on the left temple, exposing the skull; that, connected with a fracture of the skull, was the cause of death. Witnesses for the Defence. JAMES WYNN . I am a cowkeeper, of Green-bank, St. George's—I was in the cart with the prisoner—I had sold the horse to him, that he was driving, on the Wednesday, as this happened on the Friday—we started that day from King-street, St. George's—we went at a very gentle pace till we came in the Mile-end-road—a little before we came to the railway the mare seemed a little bit startled, and the prisoner twisted the reins round his hand, and put his feet against the front of the board to hold her in—we were not racing with any other persons—there were two other carts coming down the road, and they startled the mare—I did not hear the prisoner say, "Come on," to any one in the other carts—I saw the child about five or six yards before it was knocked down—at that time the prisoner was holding in the mare as hard as he could—as soon as he saw the child he called to it—the child seemed to run across much as usual, and in the middle it made a bit of a stop—no sooner did the hone knock the child down than the prisoner pulled up, within two yards of it—he had been trying to pull her in for some dis tance; she is very hard in the mouth—this is the first time he had driven the mare, and he has never driven her since. Cross-examined. Q. Do you remember passing over the Globe-bridge? A. Yes; the prisoner was holding the mare hard in then—she never galloped—she first began to go fast when the other carts came up—she had been accustomed to the road, but not much—I had driven her—I have had her five years; from two years old—I did not take her out much—I had another one, which my Misses liked to drive behind best, and I very rarely used this one; sometimes she did not go out of the stable for months—I have three horses; one heavy one and two light ones—the mare did not quicken her pace after passing over the Globe-bridge—she was going about ten miles an hour, not more—she went faster when she got by the railway-railway-bridge bridge, because the two carts startled her more—he did not pull up near the—I swear that he did not slacken her pace; he could not, she would not stop. COURT . Q. Had the prisoner ever seen the mare go before that day? A. I don't think he had—I merely went with him to have a last ride behind her—we did not try her paces to see how fast she would trot—he only wanted to see if she was quiet in harness—I had been paid 2 l . 10 s . for her—the prisoner had a receipt for it—he has not paid the rest of the purchase-money—he has not refused to do so on account of the accident. THOMAS FITZGERALD . I am A lighterman—I was riding with the prisoner and the last witness on this occasion—we were not racing with any other cart—at the time we got to the Globe-bridge we were not going more than ten miles an hour—the mare went at about that speed till we came near the railway-arch, when she was startled by two carte rattling down the road, and coming alongside—the prisoner did all he could to stop her till we got near Bow church, when he had got her well in hand—after she was startled she went faster then ten miles an hour; it might have been eleven—I believe the child was five or six yards off when the prisoner first saw it—he hallooed to it, and did all that man could do to stop the mare—the child made a slight pause in the road, and started again to run—it ran as fur as the mare's head—the prisoner tried all he could to avoid the child—he pulled the left rein, and threw the mare on one side, against the railings of Bow church, but the child ran right against the mare's chest—he pulled up within two yards of the child—I assisted in carrying the child to the doctors. Cross-examined. Q. May not the mare have been going thirteen or four teen miles an hour? A. No, not so fast as that. COURT . Q. Did you beat the two carts that were behind you? A. I don't recollect; I took no notice. WILLIAM ENGLISH . I live at Tredegar-place, Bow-road—I saw the prisoner in the Bow-road—he was in the act of pulling up as hard as he could—that was about thirty or forty yards from the child—when he came to the child he pulled across the road in the same direction as the child ran—he did that to avoid the child—he was pulling up to stop the horse—I was standing at the top of a gateway, about a hundred yards off. WILLIAM BARBER . I am a dairyman, in London-road, Rotherhithe—I saw the prisoner driving this horse, about 300 yards from the accident—he had got the reins bound round his hands and his feet on the foot-board, pulling the mare as hard as he could, and she was dragging the cart entirely by her mouth—she had not got the traces tightened at all; they were hang ing half-way on the ground, so that the reins were acting as traces—that was the state of things all the way along. Cross-examined. Q. Are you an acquaintance or friend of the prisoner's? A. No; I never saw him before that day—I first observed him as he left the railway arch, coming down the hill—I was standing at my door watching the things going down—it was Good Friday—I was not examined before the Magistrate—the distance from the railway to where the accident hap pened is about 250 or 300 yards—there is a curve near where the accident hap pened—there was a large number of persons passing along the road, and a considerable amount of traffic; more than usual, being Good Friday. COURT . Q. Was the horse trotting or galloping? A. Trotting the whole way; what I should call a runaway trot, drawing the cart entirely by the mouth. NOT GUILTY . 536. HORACE WILLIAM DIAMOND (19) , and GEORGE WHIT BREAD (21) , PLEADED GUILTY to Unlawfully obtaining goods by false pretences, with intent to defraud. Confined Twelve Months each . 537. MARIAN ELIZABETH JACKSON (51) , Feloniously forging and uttering an order for the payment of 20 l . with intent to defraud. MR. POLAND conducted the Prosecution, and MR. METCALFE the Defence. EDWIN WADE SOMER . I am cashier to Messrs. Robarts and Co. 15, Lombard-street—Mr. Edward Jackson, of New-cross, keeps an account there—on 4th March, I paid this cheque for 25 l . in gold to the prisoner; it is dated 1st March—on 25th March I paid the prisoner this cheque for 20 l . in gold, and on Saturday, 3d April, she presented this third cheque for 20 l .—she was shown into a private room, and Mr. Mullens, the solicitor, and an officer were sent for—the three cheques purport to be signed by Mr. Jackson—they are on blank forms issued by our bank, and I thought they were genuine. Cross-examined. Q. Did you know her previously, while her husband had an account there? A. No—it is four or five mouths since he had his account there. CHARLES ELLS . I am a clerk in Roberts, Lubbock and Co.'s bank—on 18th June, 1863, I delivered this cheque-book ( produced ) to Benjamin William Jackson, who keeps an account at the bank—the cheques produced are from this cheque-book. RICHARD MULLENS . I am solicitor to the London Bankers' Association—on 8th April, I was sent for to Messrs. Robarts, and found the prisoner in a private room—I had the third cheque in my hand, and asked her if she was the person who presented it—she said, "Yes"—I asked her from whom she received it—she said, "From Mr. Edward Jackson"—I showed her the other two cheques, and said that Mr. Jackson had declared that they were for geries, and that the third appeared to me to be in the same writing—she said that she knew nothing about them, but she had received the third cheque from Mr. Jackson's own hand—either then or at a second interview I said, "I believe he is your brother-in-law, "and asked whether she was willing to go to him—she said, "Certainly"—I left the room in order to get some one to go with her—Sergeant Webb shortly afterwards arrived," and then she asked to speak with me alone, and said that it was of no use her going to Mr. Jackson, as she had not received the cheque from him, but had written it herself; that she had been in great distress, which had driven her to do it, and she had hoped that Mr. Jackson, for his brother's sake, would honour the cheques, and wished to assure me that her husband knew nothing at all about it—Webb was called in, and in his presence I told her that she would be charged with forging and uttering a cheque for 20 l .—she said that it was quite true; she had done it herself, and her husband knew nothing about it—she was taken in custody, and I attended the examination at the Mansion-house, on 13th April, when Mr. Edward Jackson was examined—I did not see him sign his depositions—the prisoner was asked if she had any question to put, and she made a statement in answer to part of the depositions—the cheques were produced. Cross-examined. Q. Are you a detective? A. No, a solicitor—two detectives were examined at the police-court—I was not examined, because I conducted the examination as attorney—I did not give notice to Mr. Forsyth that I made this statement; I did not know that she had any attorney—I put into the brief instructions to examine me in consequence of Mr. Edward Jackson having suddenly died—I asked her all these questions without cautioning her; I simply said, "From whom did you have the cheque," and that gave rise to the rest of the conversation. HENRY WEBB ( City-policeman ). I am a detective—I was sent for to Robart's bank, and found the prisoner there—Mr. Mullins said, "This woman is charged with forging and uttering this cheque," which he had in his hand, "I give her in custody"—she said, "Yes, I presented the cheque"—I took her to Bow-lane police-station, and on the road she gave me this cheque-book ( produced ), which she said was her husband's, and that he had kept an account at Robart's bank, and she had signed this cheque and two others, and thought her husband's brother-in-law, Mr. Jackson, would not mind it, as he had lent her money on several occasions before, and that no one knew anything at all about it but herself, that they had managed her brother-in-law's affairs for him, and when she signed the cheques she thought her brother-in-law would honour them, that her family and herself had been in great distress, which caused her to do it, and it was entirely through that that she had done it. MARIA DOLLING . I am the wife of William Dolling of Mason-street, New Cross—I knew Edward Jackson, who used to live at 112, New Cross-road—I was present at his death, and last Saturday I attended his funeral; he was the person who I saw examined at the Mansion-house. Cross-examined. Q. On his statement, did the prisoner say anything? A. I think she said "I hope you will forgive me." JOHN MARK BULL ( City-policeman ) I was at the Mansion-house, and saw Mr. Edward Jackson sign his deposition—this is his signature, ( Read , "Edward Jackson upon his oath saith, 'I reside at No. 112, New Cross-road, Deptford, in the county of Kent, and am out of business. I keep an account with Messrs. Kobart' a, Lubbock and Co., bankers, of Lombard-street—I have looked at the three cheques produced, for 25 l . 20 l . and 20 l .; the signature "E. Jackson" to each is not in my handwriting, nor did I authorise any person to put my name to either of them. The prisoner is the wife of my brother. Nothing whatever has taken place between us which could cause her to suppose that she had my authority to put in my name to these cheques. She did not manage my affairs at all at any time.'") The Prisoner's Statement "Only what I have to say is, it was difficulties between my husband and my sons drove me to do this, and I thought my brother-in-law would honour the cheques for me." GUILTY .— Recommended to mercy by the Jury and Prosecutor. — Confined. Three Months . 538. JOHN CALLAGHAN (26) , Burglariously breaking and entering the dwelling-house of Henry Stokes , and stealing therein 27 boots and other articles, his property. MESSRS. ORRIDGE and OPPENHEIM conducted the Prosecution, and MR. WILLIAMS the Defence. HENRY STOKES . I am a bootmaker, at 29, Coventry-street; I lived at 27, Coventry-street in December, 1863—I came down one morning early, and found the shop-door open, and the look cut away; it was soaped so as to make no noise—I missed twenty-seven odd boots, six dozen half-fronts, and upwards of thirty pairs of boots, eighteen pairs of which I have recovered from the pawnbrokers—the value of what I missed was between 40 l . and 80 l .—we have no stock-book, and I cannot tell exactly how many I lost—I saw them safe the evening previous, between 8 and 9 o'clock—I came in at 11 o'clock and found the shop-door safe—a man named Calla ghan worked for me in 1862, but I cannot swear to the prisoner—some boots were afterwards given up to me in this Court. Cross-examined. Q. Is the prisoner the person? A. I think I know his features; his father is a bootmaker too—Mr. Leet is my attorney, my clerk instructed him, a policeman did not tell me of him. WILLIAM ACKRILL ( Police-sergeant, F 15). On 3rd December, 1863, about 3 o'clock in the afternoon, I was in Newton-street, Holborn, and saw the prisoner with two men, named Hill and Thompson, who have been tried here for the burglary at Mr. Stokes' ( See Vol. 59, page 212)—I was present when they were convicted—the prisoner was carrying some boots under his arm, and so was Hill—they went into 14, Newton-street, which is a lodging-house—I waited for assistance, and then entered the house, and found that they had left the property there and escaped at the back—I afterwards received information and arrested the prisoner at Liverpool last Tuesday—the property left behind was given up to Mr. Stokes. JURY . Q. How far were you from the prisoner? A. Just crossing the street—I could distinctly see who it was—the boots were uncovered—I knew the prisoner by sight previously. WILLIAM NORDON ( Policeman, C 33). I remember the burglary at Mr. Stokes' house on the morning of 2nd December, 1863—I examined the premises that morning, and found the wood-work cut away, so as to make an entrance, and there were marks of thieves having been in the place—on the evening of the 4th of the same month I saw the prisoner on the Five Dials with Hill, who rushed away, I ran and fell down, and they both ran away. NOT GUILTY . 539. CATHERINE GORDON (22) , Unlawfully inflicting grievous bodily harm on Mary Ann Downey . MR. BESLEY conducted the Prosecution. MARY ANN DOWNEY . I am the wife of William Downey, who keeps the Temperance coffee-house, Golden-lane—my nephew married the defendant—I saw her and her aunt last Easter Tuesday, in Whitecross-street, and her mother struck me and spat in my face in her presence—I saw the defendant standing at the corner of the court between 3 and 4 o'clock in the afternoon—I went up to her and asked her the reason they hit me in Whitecross-street—she went up the court some short distance and I followed her, her mother and aunt were with her—I asked them the reason, and they beat me again—the prisoner struck me first, and then her aunt knocked me down, and her mother also gave me a blow while I was lying in the gutter—the prisoner got my thumb in her mouth, and took it off at the first joint—it was hanging by the skin when I got up—I had not struck her—I went to the hospital for five days, mortification took place and I had to have the thumb amputated at the socket—I am still an out patient. Prisoner. Q. What was the cause of your breaking my door open? A. I did not do so, nor did I have to pay for it—I am sure you are the woman who bit my thumb off. MARY FINNEREN . I am single, and live at 3, Sun-court, Golden-lane—I followed Mrs. Downey across the road, and saw the defendant's aunt and mother beating her—I then saw her underneath them, and saw the pro secutrix's right thumb in the defendant's mouth—the defendant then got up and spat the blood out of her mouth—I did not see the prosecutrix strike the prisoner, and I must have seen it if she did. CHARLES DURRANT PEERLESS I am house-surgeon to St. Bartholomew's Hospital—on Easter Tuesday the prosecutrix was brought there—I examined her thumb, and there was a compound dislocation of the lower joint—the thumb was about half severed—that might have been produced by a severe bite—mortification set in, she became an in-patient, and I took her thumb out of the socket. Prisoner's Defence. I did not bite her. GUILTY .**— Confined Eight Months . 540. THOMAS HENRY WORRALL (20) , Unlawfully attempting to kill and murder himself. MR. WILLIAMS conducted the Prosecution. JOHN PEMAN ( Policeman, A 490). On 3rd April I took the prisoner in custody at the London Hospital on a charge of attempting suicide—I took him before a Magistrate, by whose directions he was taken to Bethnal Green workhouse—he said in the hospital, "Do not move me, let me stay here and die, where is Polly." JOHN WILLIAM WORRALL . I am a net-maker, of 20, Wellington-street, Stepney—the prisoner is my son—he will be twenty years old on the 24th of this month—he partially resided at my house, but did not sleep there—on Sunday, 2nd April, I was sent for to the London Hospital, and found I him there—I asked him how he came there, and what he had been doing—he said, "My mind is fully made up, I shall die, or some one else will"—I do not know any cause for his conduct, but he has been subject to epileptic fits, and Dr. Orton attended him last summer, and said that he was an epileptic subject, which caused his mind to be affected at times. WILLIAM HENRY COLLINS . I am a mathematical instrument-maker, of 6, Cudworth-street, Bethnal Green—on Sunday, 2d April I returned home between 6 and 7 in the evening, and found the prisoner in my house in a state of insensibility—I sent for a surgeon, and by his directions took the prisoner to the London Hospital—I went there next day with the prisoner's sister, she had some conversation with him about my daughter in my presence, and he said, "Pray for me Rosa, pray that I may die, to save me from the gallows"—he had been courting my daughter, and he proposed to marry her—she would have done so, but I did not sanction the match, and she refused to marry him without my consent—on 15th December, after Borne conversation with me, he brought a pistol and fired it in the back-yard—I was about to give him in charge, but he said that the conversation I had had with him had saved his doing some injury to himself or to my daughter, and it should never occur again. Prisoner. Q. What did I say? A. You said you were thankful that the conversation I had had with you over at the Vicar's had altered your mind, as you had intended it for another purpose—you wished my daughter to marry you without my consent, and she refused. WILLIAM HENRY COLLINS . I am the son of the last witness—I assisted him in taking the prisoner to the hospital—when he was there lying on a couch, he beckoned to me, and I asked him what he had been taking—he replied, "Chloroform"—I went to the hospital next morning, and asked him why he did such a thing, and said, "You were not satisfied in coming to our house, and bringing disgrace upon our house, but I believe you have threatened my sister"—he said, "No, I have not"—I said, "You have"—he said, "What did I say?"—I said, "You said rather than see her the wife of another man you would shoot her"—he said, "No; I said rather than see her the wife of another man, I would put a bullet through her"—he said afterwards, "I would not hurt a hair of her head, or any of the family"—I should not have said anything about it, but I believed his mind was affected, and that he was likely to carry out his intent. Prisoner. Q. Did you hear me say I would put a bullet through her? A. Yes, distinctly—my sister has not said that you have threatened her, or that she goes in fear of you. WILLIAM BATTERS WOODMAN . I am resident medical officer at the London Hospital—on the evening of 2d of April, the prisoner was brought to me in a state of partial intoxication, such as may have been produced by chloroform—I smelt his breath, and could not smell anything; but I gave him an emetic, and he vomited matter which smelt of chloroform—he was kept there till the following morning—he was then in a very wild and excited state, and said that he would do it again; he would destroy himself in some way or other. The prisoner produced a written defence, stating that he was in the habit of carrying chloroform linament for toothache, but had no recollection of taking any, that he had been ill with fever and epileptic fits, and requested that his mother might be examined as to the state of his mind. MARGARET SARAH WORRALL . I am the prisoner's mother; I was away from home when this happened—he was ill from June to September suffe ring from fits the whole of that time—the doctor said that his recovery would depend upon the action of his brain—he sometimes laid the whole day with out asking for, anything but a little water, and before I could give it to him he has gone off in a fit—he has been subject to epileptic fits ever since—the doctor told me that he was an epileptic subject, and that his mind was not quite right—I thought he seemed much better, but he was taken ill again, seven weeks ago, at Mr. Collins's, and I sent for the doctor'—my husband's father died deranged, and I have been afraid to cross the prisoner in any way. Prisoner to WILLIAM BATTERS WOODMAN . Q. Did you not say before the Magistrate at Worship-street that you conceived I was of unsound mind? A. I said that I thought so at the time—I had never seen you before. COURT . Q. Would the chloroform produce this effect, or if he was of unsound mind then would he have been of unsound mind before taking it? A. Yes; he was not quite insensible, but breathed slowly. NOT GUILTY , being of unsound mind at the time. 541. MARY ANN PALLISTER (15) , Feloniously setting fire to a certain bed and furniture, persons being in the house. MR. OPPENHEIM conducted the Prosecution, and MR. RIBTON the Defence. MARY ANN POOLE . I live at 65, Warwick-street, Pimlico, and keep a school—my husband is a clerk at Mudie's Library—I remember the fire—I spoke to the prisoner about it on 19th April—I first spoke to her about taking some money from the pocket of my sister's dress, which she admitted—I then said, "Well, it is well for you that you have confessed that; it is forgiven concerning the money, but if you have caused the house to burn make so reply; if not, tell me so, and I will believe you"—she said, "I have not done so"—I wished her "Good night," and we each retired to rest. MR. RIBTON . Q. Do you mean to say that that was all you said to her in reference to the fire? A. On several occasions during the week I said that it was a mystery, and asked her if there was any smoke or fire in the room when she fetched the little girl, and she said, "No." Q. Here are your depositions; have not you said this, "On the following Saturday she made a statement I had told her previously that it would be better for her to tell the truth, and I had said, 'Do not add sin to sin; it will only make the matter worse!'" A. I never said that it would make the matter worse—I have said that if she had done anything wrong, it would be better to tell the truth—I told the Magistrate that I said she had better tell the truth on every subject—I have said so perhaps thirty times, and after she had confessed it I said, "Mary you had better tell"—I had not said on the Saturday that it would be better for her to tell the truth about the fire; I had about the money, but it was all within a few minutes—I did not tell the Magistrate that those words applied to the fire. MR. OPPENHEIM . Q. Were the words, "Do not add sin to sin by telling a falsehood, used on Friday or Saturday? A. On Friday, relative to taking some money, and it was at the same time that the subject of the fire was brought up—on the Saturday she spoke to me first; she came into the room; I had my infant asleep, and I raised my finger, that she might not make a noise—she said, "You have forgiven me a great deal;" I said, "Yes;" she said, "You have forgiven me so much; it is all forgiven, I did set the house on fire"—I made no reply, but left the room to relieve my feelings, and some little time afterwards, when I had recovered, I said in my sister's presence, "Well, Mary, I must acquaint your father of this, and lest I should misrepresent you, give me a note for him"—she said, "What shall I put in it, will you tell me how to write it?"—I said, "No; that would be my note, not yours;" and I went to the other side of the room, and left her to complete her note—she then gave me this paper, ( Read : "Mary Ann Pallister. I set the house on fire on Wednesday at ten minutes past 2, when I took Mary down. I am sorry for it. I like Mr. and Mrs. Poole; they paid me each week; they are kind and good. I done it because I lost my name. I stole things, that I did. Miss Poole keep me on account of my father's good character. Saturday, 22 d .")—there are two rooms at the top of our house; the back one was my sister's bedroom, and my little girl, three years and a half old, slept in the room—the front-room had been my bedroom, but in consequence of my delicate health it bad not been used for some time, but it was fitted as a bedroom, and a considerable quantity of my husband's clothes were kept there—on Wednesday, 19th April, about twenty minutes' past 2, an alarm of fire was given; a policeman came and went upstairs—I went up a few stairs, but he desired me to return—the prisoner was then in the breakfast-room on the ground-floor—I spoke to her about the fire, and she said that she knew nothing about it—she was the only servant I kept then—I had not been in the top room since the Saturday night previous; I do not think there had been a fire there all the winter—there might have been once, but I think not—some firemen came, and after the fire was extinguished, about 4 or 6 o'clock, I went into the room, and found the things a heap of ruins—there were a great quantity of things on the floor, which the firemen had pulled off the bed—the bed was ashes, and a loo-table was split and blistered; the walls were burnt in three or four places—there was a great quantity of clothing in the room which was burnt with the exception of what was in the drawers—it was an iron bedstead—my school-room is the front-parlour—I did not allow any child to go up stairs that day—I was in the school-room until 1 o'clock, when I took a cup of tea with my sister—I gave a music lesson to a lady, and sat with the door open—the school children retire from 1 to 2—if they left the school-room to go up stairs, they must have passed the back-parlour door, which was open, and I was sitting opposite it—I did not see them. Cross-examined. Was the house insured? A. Yes; in the Westminster office, and the furniture in the Union—the firemen gave notice, and the surveyor came next day—we made a claim of 43 l . the same day—they did not demur to pay it—they paid it on Tuesday or Wednesday last; the cheque was dated 2d May—we had not applied to them frequently in the mean time—I went to the surveyor's office on the Wednesday after, and took a more correct list—they paid us after the prisoner's committal—there were not two quarters' rent due to the landlord—my husband paid two quarters' rent yesterday, but that was up to Midsummer in advance, which he very often does—March quarter was due, and he did not pay that till May—I never told the prisoner that it would be better to tell the truth with reference to the fire, I swear that; we should be too happy for her to be acquitted, we have no harsh feeling towards her, but we have to redeem our repu tation—I referred to falsehood generally; she was addicted to falsehood—she admitted taking the little girl to look in the large dressing-glass—I said, "Was there any smoke?"—she said, "No"—I said, "Ten minutes after wards the fire broke out, do not tell me any stories, if you have been in the room tell me so"—I did not say that it would be best for her to confess that she had set fire to it, as we could not get our money from the Insurance-office till she did; I said, "I should not wonder but we shall lose the in surance, and if people ask you about it, tell them to mind their own business; no, do not be rude to them; tell them to ask me"—I did not dictate this statement to her, I was sitting on the other side of the room—I did not charge her with stealing before the Magistrate, till after her committal for this—I had promised if she told the truth not to do so—our house has never been on fire before; there were reports that the chimney was on fire, but Policeman, 128, came and said that there was no fire; that was two years ago in September, I think—the first alarm was about July two years ago—the kitchen chimney was not on fire in July, 1863, but a person next door said that it was—the engines did not come on that occasion—I am not aware that there was a chimney on fire next door—I was ill in bed at the time, and my sister was reproving the servant that there was not sufficient fire to get me a cup of tea—I left my bedroom, and heard the sweep say, "The old woman next door says your chimney is on fire"—I saw no fire—in September, 1863, there was a very great alarm, and I think two engines came, but the firemen came in, and said that there was no fire; Policeman, 128, also said that there was no fire, and he has since said that be believed the fire was next door—in October it was again alleged to be on fire at 11 o'clock at night—that was three times in ten weeks, but there was no fire to put out, and the firemen said, "You should bring an action against these people for these continual annoyances; there is no fire in the house, and has not been any"—the prisoner's mother called on me the day after the fire, and I said that no one had been into the room but Mary for some hours, and that it was a mystery—I never said that it would be better for her to con fess, and that I would protect her—I did not say to the prisoner on Satur day morning, "I am going to the Insurance-office, and if you will confess it I will forgive you; but if you do not I will prosecute you—my husband gave her in custody on the Friday following—I did not do so at once, be cause I did not consider it was my place to do do so—I waited the issue of the insurance—I did not call in a constable at once, because I thought it was the business of the office—I did not go to the office till Wednesday; I was waiting for the clerk to come—I retained the prisoner in the house on Sunday, Monday, and Tuesday, knowing that she had set fire to the house—I showed them this paper at the office, and they said that it was our place to prosecute—I did not give her in custody then, because I did not usurp my husband's power; we went to the station on Thursday and the sergeant implored Mr. Poole not to let her be in the station all night—she was taken on Friday; I gave my evidence, and she was remanded till Tuesday I think—my sister was in the house all day on the day of the fire—I had ten or twelve scholars that morning, but only about four at the time the fire was discovered—they left as soon as they could get through the crowd—the morning pupils had left about 1 o'clock—one gentleman occupies the drawing-room floor—his brother come to see him occasionally, and slept once—neither of those gentlemen were at home that day to my knowledge, but I know nothing about the house; I have nothing do with it—one of them smokes of an evening. MR. OPPENHEIM . Q. Have they any right to go up stairs to the upper floor? A. No; we were told that it was a person next door, who used to give the alarms of fire—it is not a fact that on three occasions there was a fire in our house—we afterwards had a lawsuit with the lady next door, and the fire was one of the counts of the indictment—the Assurance-office did not state that they would not pay unless I prosecuted; they made no demur at all; they behaved most genteelly to us—the action was brought for slander. MR. RIBTON . Q. Did you not go to the prisoner's father, and suggest that he should not engage a solicitor for the defence? A. No; I said, "Do not you waste too much money, for you know nothing about the law, and no doubt they will find a counsel for her"—I went to him to see if by any chance a ring and purse, which we had missed, had been put into the prisoner's box—I complained that Mrs. Blinkworth was a very great drunkard, and that she drank the officer's wine. ANNIE GREEN . I am single and live with my sister Mrs. Poole, at 65, warwick-street—I was in the house on 19th April—my bed-room is on the 2d floor, and one of Mrs. Poole's children sleeps in the same room—I left the front room at eleven o'clock, but I had not been in my own room for a quarter of an hour—the front room was where the furniture was burnt—there had been no fire in the grate for at least four months—there were no matches there to my knowledge—I dusted the room and watered the plants—I then went down stairs to the drawing-room floor—I did not go into the room again till twenty minutes past two—I did not see any of my sister's school children go up stairs that morning; I should not have done so because I was down stairs below the school-room—about ten minutes past two I sent the prisoner up into my bed-room to fetch Mrs. Poole's little girl who I had left in bed—she was up stairs I should think under five minutes and brought the child down—a policeman came about twenty minutes past two, and I heard an alarm of fire given—he ran up stairs alone and sent me down—I had placed some of Mrs. Poole's clothes on the bed when I dusted the room—the school children are not allowed to go up stairs, and they are absent from one till two o'clock, excepting on wet days—when the alarm of fire was given the prisoner was down stairs with me and after the policeman knocked at the door she said, "There is a smell of fire"—I said, "I do not smell it, run into the scullery"—she said, "It cannot be there, it is upstairs"—I think the policeman was going up then—the child who sleeps in the room could not get at the matches which were kept on the mantel-piece; it is too high, and when I went into the room I saw the box precisely where I left it in the morning—a young man lodges in the house who is studying, I cannot say whether he was at home, his brother generally went out at one and came in at two—the gentleman went out at half-past nine in the morning till the evening. Cross-examined. Q. Was his brother there that day? A. Not in the day time; the lodger breakfasted at home and left his brother at home—I did not see him go out but I heard him—the prisoner was not up stairs that I am aware of till I sent her up with the child—it was crying, and I said, "Mary, the child is crying, fetch her down"—I thought she was rather quick in coming back—it was then twenty minutes past two, because Mrs. Poole was standing at the back-parlour door with her watch in her hand, and said that it was ten minutes past two, and that a lady had promised to be there at two for her lesson—I saw the prisoner write this paper, it was, I think, at the police-court, but I do not think it was shown. GEORGE SILAS POOLE . I live at 65, Warwick-street, Pimlico—on the 19th April the prisoner was in my service, I am an assistant at Mudie's—I leave home at quarter past seven in the morning and return at half-past seven in the evening—about an hour after my return home I went to the top of the house and found a room there in utter confusion, and everything but the bed and bed furniture was burnt. Cross-examined. Q. Were a quantity of clothes burnt? A. Yes; I was at the police-court'—I was excluded while my wife gave her evidence—I think I heard the first examination but not the second, but I am not quite sure—I did not hear her tell the Magistrate that she told the girl it would be better to tell the truth with regard to the fire, she did with regard to stealing the sixpence—I was not present but the door was open—there is a trap-door at the top of my house which fastens from the inside—it was fastened on that day—I was the last person who was outside and fastened it myself which was three or four nights before—I did not examine it till a week afterwards. MR. OPPENHEIM . Q. Was it fastened then? A. Yes; I made it a point to keep it fast. WILLIAM BROOKER . ( Policeman, B 26). On 19th April about ten minutes past two o'clock I was passing Mr. Poole's house and saw smoke coming from the window of the up stairs front-room—I saw Benson, another police man, knocking at the door—Mrs. Poole opened it to us—I went in and saw the prisoner, Mrs. Poole and her sister and some little children—I said in the prisoner's presence, "Your house is on fire,"Mrs. Poole said, "Where,"I said, "Up stairs," she said, "That it cannot be," I said, "It is," she said, "Go down and see" I said, "The fire is upstairs" and went up—when I got to the top of the landing I found such a body of smoke that I was obliged to retreat for a minute to get my breath—I then went into the room and was obliged to go back—I went in again on my hands and knees, found the window open and shut it, before which I called the other constable to go for the engines, the bed was on fire, nearest the fire-place, it was extinguished with buckets of water—I asked the prisoner who was the last person in the room, she said that she was in the room a few minutes previously for the baby—I could find no trace of matches in the room—I saw burnt clothes two or three coats, a waistcoat or two, and trousers—the bed was burnt sideways—I did not notice the glass. Cross-examined. Q. Were the clothes burnt? A. Yes, so that they could not be worn again—it was, I believe, a feather bed—it did not take two or three hours to burn them—the room was very soon full of smoke—it would not take considerably more than an hour to fill the room with smoke—the girl did not say she was in the room, she said, "I was the last up stairs to fetch the baby. " MR. OPPENHEIM . Q. Was there a draught through the room—Yes; the window and door was open but I shut them—it was about an hour before the fire was extinguished—there were five engines there. WALTER PURCHASE ( Policeman, B 10). On 28th April I took the pri soner at the prosecutor's house—I told her the charge, she made no reply, not a sentence—the charge was read over to her at the station, and I asked her if she understood it—she said, "Yes. " Witnesses for the Defence. MARY BLINKWORTH . I keep a lodging-house at 63, Warwick-street, next door to Mr. Poole's—my husband is butler to Stephen Kay, Esq.—I hare known Mrs. Poole all the time she has been there, which is four years last March, and from what I have known of her, I would not believe her on her oath. Cross-examined. Q. Did Mrs. Poole or her husband bring an action against you in the Court of Queen's Bench some few months back? A. On 28th June: they recovered a verdict against me of 40 s . MR. RIBTON . Q. Did you hear her give her evidence when she brought the action? A. No, I have no other reasons for not believing her on her cath, than what I was told that she swore on that action—she has spoken very falsely, and she hat told many untruths not connected with that trial. COURT . Q. Did you give evidence on that trial? A. Yes, on a different side to her, and the jury found a verdict against me—three parties besides me can say the same thing. ALICE NEAL . I am married, and live at 40, Sussex-street—I have known Mrs. Poole about a year and a half, and from what I know of her I should not believe her on her oath. Cross-examined. Q. Last March twelve months did Mrs. Poole sue you in the County Court for 1 l . 16 s .? A. Yes, that was paid—I did not give evidence, Mrs. Poole did—my daughter was not dismissed from Mrs. Poole's school—my husband is steward in a nobleman's family-only a, lady and gentleman and one child lodge in my house at present. MR. RIBTON . Q. Did Mrs. Poole dismiss your daughter from school? A. No, I took my child away—I did not hear Mrs. Poole swear that she dismissed her—she wished me to send the child back to school, and I said, "No"—I think she did say at the trial at the Queen's Bench that she dismissed the child, but not in my hearing—I have other serious reasons for not be lieving her on her oath. The Prisoner received a good character. GUILTY . Recommended to mercy by the Jury.— Confined Twelve Months . 542. WILLIAM THOMAS (27) , Stealing 1 watch, of William Buss from his person. MR. THOMPSON conducted the Prosecution, and MR. PATER the Defence. WILLIAM BUSS . I reside at Blackstol, Kent—on 21st April between two and four o'clock in the afternoon I was in Gracechurch-street, endeavouring to get through a crowd—I saw the prisoner near me—I felt him close by my side and then felt a twitch, and saw my chain hanging down—the prisoner bolted across the road and I followed him—the chain was through my waistcoat, it was not broken, but the watch was twisted off the ring,—I did not see the prisoner caught, but I was close on bis heels—this is the watch ( produced ). Cross-examined. Q. Where had you come from? A. I had been to Mr. Greave's office in Fen-court—I had seen my watch not five minutes before, I looked at it in Fenchurch-street, before I went to Fen-court. JOHN RADMORE ( City-policeman , 596). On the afternoon of 21st April, I was on duty at the corner of Fenchurch-street, I saw the prisoner running between the traffic, he crossed and re-crossed the road—I stepped on to the footway and caught him in my arms and asked him what he was funning for—he said, "Nothing, it is all rightn—the prosecutor came up and said, "That is the man who has taken my watch,"—the prisoner made no reply—on on rway to the station in Tower-street by Mincing-lane he tried to get away, and in the scuffle we got to the other side of the way; I was there surrounded by a lot of thieves—I saw something shining in the prisoner's hand which he was trying to pass—I took hold of his hand and at the same time I saw this watch pass from his hand into a wine-cellar—it was picked up and handed to me. GUILTY . He also PLEADED GUILTY to a former conviction at this court in May, 1858, in the name of Daniel McCarthy , Sentence two years' imprison ment.—** Seven Years' Penal Servitude. 543. THOMAS JAMES (26) , Burglariously breaking and entering the dwelling-house of John Cherry , and stealing therein 1 knife, I key, and other articles his property. MR. COOPER conducted the Prosecution. JOHN CHERRY . I live at 1, Railway-street, Bromtey, and keep the "Byron's Head" beer-house—on the night of 3d April when I went to bed" about twelve o'clock, all the doors and fastenings were secure—the next morning about seven, I found that the kitchen window had been forced open, it had been nailed down before that—I missed lib of cigars from the looby, I went into the bar and found the till empty, I had left 5 s . in it—I also missed a clasp pocket-knife and my over-coat, in the pocket of which was a pair of worsted gloves and a key—on 26th April I saw the key and knife in Sergeant Pullen's possession—I gave information the same day. GEORGE PULLEN ( Policeman, K 10). On 26th April I took the prisoner on another charge—I found this knife ( produced ) in his right hand coat pocket, he refused his address, he said he came from Portsmouth—I after wards went to 8, Croucher-place, Railway-street, Bromley—I found the prisoner lived there and that his name was Hill; I found the prosecutor's key on a bunch there. JOHN CHERRY ( re-examined ). This is my knife and key, I did not know the prisoner, he lives about 100 yards from me in the same street. NOT GUILTY . 544. THOMAS JAMES was again indicted for burglariously breaking and entering the dwelling-house of William Richards and stealing therein 1 work-box. 2 bracelets and other articles. MR. COOPER conducted the Prosecution. ELIZABETH RICHARDS . I am the wife of William Richards, of 13, Sharp's-terrace, Isle of Dogs, boot and shoe maker—on the night of 4th April I went to bed at half-past ten—as far as I can remember all the windows and doors were fastened—next morning I found the back parlour window open—it was closed the night before—I missed my work-box, containing a pair of bracelets, three foreign coins, a gold brooch, a gold ring, a marriage certifi cate and several other things—I gave information to the police the same day, this is my work-box ( produced ), it contains some of the articles I lost. GEORGE PULLEN ( Policeman, K 10). on 26th April I went with Sergeant Briden to 8, Croucher-place, Bromley, where the prisoner lived—I searched the place and found this work-box with the things in it—the prisoner said nothing about it. Prisoners Defence. I bought the box coming home from work, I have three or four witnesses to prove it; I did not know what it contained till I got home, there was no ring and no brooch, I told my Missus not to disturb the things and I put it up behind a model. GUILTY . He also PLEADED GUILTY to another charge of burglary. — Confined Eighteen Months . 545. DENNIS SHEA (26) , and ELLEN KENNY (28) , Robbery with violence on Harriet Harris and stealing from her person 1 l . her money. MR. DALEY conducted the Prosecution, and MR. PATER the Defence. HARRIET HARRIS . I am the wife of Charles Harris, a labourer, of 6, Osborn-place, Goswell-road—about half-past twelve on Sunday morning 8th April I was going down Arthur-street, St. Luke's, with my husband, I dropped a penny and went to pick it up—I had my purse in my hand with 1 l . 15 s . and two duplicates in it, as I stooped the prisoner Kenny shoved up against me—I asked her who she was shoving against—she said, "You "and made use of bad language, struck me in the face and knocked me down, she then seized my purse from my left hand—I tried to hold her and she bit my hand, Shea then told her to go—I saw him strike my husband in the mouth and saw him lying on the pavement insensible—the man said to the woman, "Take your hook, Nell "—I did not get the puree again, I found 15 s . and one duplicate on the pavement close by, the prisoners both got away—Shea struck me several times in the breast and side, Kenny got away before him—he called me very bad names—I lost a sovereign, there was nobody else near—I helped my husband up and wiped his face, he has a scar on his nose now—I afterwards saw a constable and gave information. Cross-examined. Q. Where had you come from? A. From my sister's—I had not been drinking at all, I had been nursing my sister—I met my husband outside her door, I did not expect to find him there, it was not by appointment, we were going home when this occurred, we had no drink on the road—my husband was quite sober—the duplicate I lost related to a shirt and two bed gowns—I have made enquiries about it, the things are still in pledge—it was a fine night, it was not darker than it generally is at twelve o'clock—I had not seen the prisoner before to my knowledge. CHARLES HARRIS . I am a labourer on the Underground railway—between 12 and 1 on the morning of 10th April, I was going home down Arthur-street with my wife—I was struck a violent blow in the face, and knocked down insensible by a man—when I recovered, I found I had lost my watch—I could not tell who struck me. Cross-examined. Q. Where had you been that night? A. I had worked up till half past 8, and I was waiting for my wife, who was nursing her sister—I had had a glass of something to drink while I was waiting for my wife, but not much—I did not have anything to drink with her—we went to one place, and they would not serve us, because it was too late—they did not say we had had enough—I gave 2 l . 10 s . for the watch—it was not a very light night,—there was a lamp just before the place. WILLIAM POWELL ( Policeman, G 67). I was on duty in Arthur-street—about 12 or a little after I met the prisoners going towards Golden-lane—they were close together—I shortly afterwards heard of the robbery. Cross-examined. Q. Did you take them in custody? A. No—I saw the man and woman who were robbed in the Goswell-road, at twenty-five minutes past 12—I directed them to the station—the woman appeared quite sober. CHARLES CLAY ( Policeman, G 268). I took the prisoners on Sunday morning, 9th April, about 11 o'clock—I knew their residence—I had re ceived a description from Mrs. Harris—I found the prisoners in bed—I told them I should take them into custody on suspicion of being the persons who had committed a robbery with violence—I took them to the station—they said they knew nothing about it. Cross-examined. Q. I suppose you searched the place? A. Yes—I found some money there, but no watch—I found some duplicates, but not relating to this affair. COURT . Q. You received a description from Mrs. Harris? A. Yes—she said the female prisoner had a black eye, and at the time she was appre hended she had a severe black eye. GUILTY .— The prisoners Pleaded Guilty to former convictions ; Shea in the name of Thomas Rowland , in 1860, and Kenny in the name of Ann Lyons in 1858. SHEA .**— Ten Years' Penal Servitude. KENNY .— Eight Years' Penal Servitude. 546. ALFRED CAPES (), Feloniously receiving 2 gallons of gin and 1 jar, the property of Edward Lonsdale Beckwith and others, knowing them to be stolen. MR. DALEY conducted the Prosecution, and MR. METCALFE the Defence. EDWARD LONSDALE BECKWITH . I am a distiller in Bartholomew-close—I have two partners, and trade under the firm of Board, Son, and Beckwith—in March last we had two men in our employ named Parry and Harris—. Parry was a carman, and Harris a racker—they used to go out to deliver goods—on 23d March they had to deliver goods to Mr. Brading of Hoxton—they bad no authority to deliver goods to the prisoner upon that day—the pri soner had been a customer, but we had closed his account the Christmas previous—we bad personally informed him that we had closed his account—since that we have had no dealings whatever with him—on 23d March, Underwood, the officer, brought the prisoner and Parry to my warehouse—I had given Underwood some directions before that—he had a two-gallon bottle with him—it was sealed with our seal, and it contained our gin—Under wood said, "I saw that gin delivered at Capes', and knowing that they had no right to deliver goods there, I requested them to come down here with me"—he said he asked Parry for the permit and the delivery-note, and that he said that the landlord had it, and the landlord denied all knowledge of it—I then said to Capes, "What have you got to say?"—he said, "I knew nothing about it, I thought perhaps they had come for empties." Cross-examined. Q. Messrs. Richards and Co. went on with the prisoner's account, I think they paid you off, did they not? A. A portion only, the prisoner paid us 300 l . and then went on with them—I heard Capes say on the trial of Parry and Harris, "I did not authorise the prisoners to bring any gin: I did not see it brought in, and knew nothing of it,"or something to that effect ( See Vol LXI. p. 538). CHARLES UNDERWOOD ( City-detective ). On 23d March I was watching Parry and Harris—I saw them leave Mr. Brading's public-house in Eagle-wharf-road, Hoxton—they had a van and two horses—they drove to the prisoner's house, the Prince of Wales, Hyde-place, which is about a quarter of a mile from Mr. Brading's, and in an opposite direction to the prosecutor's—Parry got out of the van, and went into the house—he came out in a moment, and received a bottle from Harris from the van, and took it into the house—this is the bottle ( produced )—it is full of gin—I sent in a lad named Mansfield, who was with me, and followed in myself in about two minutes—Harris had also gone into the public-house then—when I got in I saw Parry talking to Capes, and Harris just behind him—Capes was in the bar, he could see the door through which the gin was taken; it was just in front of him—I asked Parry for the delivery-note and permit for the bottle that I had just seen him bring in—he said, "The landlord has it"—I then asked the prisoner for it, and told him I had seen a bottle brought into his house—he said he knew nothing of it, if there had been a bottle brought in X had better find it—Parry then went towards the passage at the end of the bar, where the bottle was standing, and attempted to take hold of it—I pre vented him, and took the bottle back to the front of the bar, and said in the prisoner's hearing, that I knew they had no business to leave the bottle there—the prisoner said he knew nothing of it—I told him he had better go with me to the distillery, and explain the matter there—he went with me and Parry in a cab, and saw Mr. Beckwith—Mr. Beckwith's account of what passed is correct. Cross-examined. Q. After that he was not charged, was he? A. No, he was at tire police-court as a witness, but was not called—he gave his evidence here—he was opposite the door when I got in—the bar parlour is just at the back of the bar—it is a circular bar—I don't remember that he said he was in the bar parlour when they first came in—I saw some empties there—I could not swear whose they were, I did not notice them. MR. DALEY . Q. You were examined at the last trial? A. Yes—I heard the Judge direct the prosecution of the prisoner. ROBERT MANSFIELD . I live at 58, Leman-street, Whitechapel, and am sixteen years old—about half-past 10 on the morning of 23d March, I was with Underwood—I saw a van driven up by Parry and Harris to Mr. Binding's, and afterwards saw them drive to the Prince of Wales—we followed them—Parry got out and went into the house, and returned in about a minute, and received a bottle from Harris, and then they both went in—I followed in, and Parry was just coming from the passage, Harris was standing in front of the bar, and the prisoner was behind the bar; he could see the door, Parry then came to the bar and spoke to the prisoner—I did not hour what was said—Underwood then came in. Cross-examined. Q. How long was it from the time you first saw Parry go in till the time when Underwood came in? A. About three or four minutes, it might be five—I went in about a minute or two after Parry, not at the same door, the other side of the bar—there was a partition between—when I went in, Gapes was in the bar, coming across from the direction of the bar parlour, and Parry was returning from the passage—I am not a policeman, I am not going to be one—the policeman pays me—he pays me by the job, somewhere about 3 s . a day—I don't know how much I had for this—I keep about with him all day—I go with other policemen sometimes that is the only occupation I have at present—I don't know where the money comes from. MR. DALEY . Q. Whether a man is punished or not, do you take your 3 s . a day when the job is over? A. Yes. THOMAS BROOKS . I am a warehouseman in the employ of Messrs. Board, Son, and Beckwith—it is my duty to check the goods when they are placed in the vans—the permit and delivery-note are put inside, and the quantity and address outside—on 23d March, I sent a pipe of 150 gallons of gin and three bottles? to Mr. Brading, of Eagle-wharf-road—I delivered them to Parry and Harris—the van should not have contained anything else—that was the only order they had that morning—I called over the goods—I have here the delivery-note signed by Mr. Brading. EDWARD LONSDALE BECKWITH ( re-examined ). We should not send such a small quantity as two gallons to a London customer, only to a private customer in the country—there were some empties at the prisoner's house at this time that had belonged to us, but he had paid for them, they ware his own. The Prisoner received a good character. — NOT GUILTY . 547. ALFRED CAPES was again indicted for feloniously receiving 16 gallons of gin, the property of Edward Lonsdale Beckwith and others. MR. DALEY conducted the Prosecution, and MR. METCALFE the Defence GEORE BLANCHARD . I live at 3, Orchard-cettages-kingsland-road—I have occasionally assisted the police—on 15th December I accompanied Underwood to Messrs. Board's distillery—I saw a van leave there driven by Parry and Harris, they delivered thirteen gallons of gin in Great Chadwell street, and then they drove to the prisoner's house, the Prince of Wal 3 s .—Parry went in with some papers, and showed them to the prisoner, and Parry and Harris then opened the doors of the public-house, and opened, a hole in the public parlour—I saw Parry draw off some gin by means of a syphon from two casks that were in the van—he had a measure in his hand—he took twenty-six measures out of the first cask, and twenty-eight and a part of one out of the other cask—Harris carried it in—I think I saw thirteen measure of rum go in—I won't be certain—I saw two four-gallon bottles in baskets go in—after they had finished, a female in the bar said to Parry, "I suppose you want to see the governor"—he said, "Yes"—she called the prisoner—I won't swear whether he came out of the bar parlour, or out of the passage—I saw him sign a paper or book, he then took from his pocket a shilling, and then searched in his purse, and put down what I believe to be a half-sovereign—it was gold—I would not swear whether it was a half-sovereign or a sovereign—I believe it was gold—Parry took the shilling, and put it into a; bag, and pushed the other coin to Harris, who put it in his pocket—they remained about two hours in the public-house—Parry had a cigar, and Harris had some gin-and-water—they were talking with Capes—the conversation was about his children coming home for the holidays, and Parry said he should like to send his children down to the same school as Caps' children when they went back again. Cross-examined. Q. You are not quite sure whether this was gold or silver, are you? A. I believe it was gold—I would almost swear it—I counted the gin more particularly than the rum—I took it down—I tallied it underneath the counter with blue chalk as it came in and made a memo randum afterwards—this is it ( produced )—"G. Russell" means Sergeant Russell—he employed me, not Underwood—I was asked for that memoran dum at the police-court, but could not find it then—I wrote it when I came out of the public-house—Parry drew the measures off as he would for anybody else—I could not swear that they were full—I went in at the same door that he did—he might have been about four or 6ve feet from me when he brought the gin in—there was nothing between us—Underwood was there outside—I told him when I came out—I get 5 s . a day and my expenses—I am not often employed—sometimes I do cooking—I have been a witness four or five times before. JURY . Q. What part of the counter did you make the marks on? A. Under the counter—I marked them down in fives. CHARLES UNDERWOOD ( City-policeman ). I accompanied the last witness on 15th December and saw some gin delivered by Parry and Harris at the Prince of Wales—I was on the opposite side of the way, but I could not be positive as to the number of measures drawn off—I made it fifty-five in all—I also saw some rum delivered in stone jars—I did not go into the bar—I afterwards saw this invoice taken from Capes' file. EDWARD LONSDALE BECKWITH . We send out measures for the men to deliver the gin in, they hold four gallons—we allow half a gallon in every hundred gallons—Parry and Harris would have been entitled to deliver 20 l . gallons on this occasion—I do not know the quantity that went out in the casks that day. Cross-examined. Q. The casks vary, do they not? A. Yes—this is our invoice, the goods are paid for—we have books by which we can tell what we send out—the Excise keep books—we have a man to fill thec asks with a fifty-gallon measure, but he happened not to fill these two casks on this occasion. NOT GUILTY 548. EDWARD BOUCHER (42) , Stealing 1 table, 5 chairs, and I wash hand stand, the property of George Parsons . MR. PATER conducted the Prosecution. GEORGE PARSONS . I am a solicitor of 11 King's Bench-walk, Temple—about four weeks before 11th April, I met the prisoner—he came up to me in St. Martin's-lane, and said, "I hope you are quite well, Mr. Parsons"—I replied, "You have the advantage of me, I have not the pleasure of knowing you"—he said, "I have met you several times some years back,"and he named several parties whose names I knew—he said, "I can get you plenty of business, where are your offices?"—I gave him my card, saying that I had recently taken offices, and I could not see him in them for a day or two, as they were unfurnished—he said, "I can get you plenty of furni ture, I am an agent for Messrs. Atkinson, and get furniture for parties from their warehouse"—I told him what furniture I required, and on Monday, 10th April, I saw it at my office—it consisted of a table, an easy chair, three mahogany chairs, a what-not, a wash-stand, a rug and a carpet—I missed those things on Saturday the 15th. Prisoner. Q. Did not you ask me if I could get you an advance of 30 l .? A. No—I saw you on Easter Monday, after the removal of the furniture, and said, "What have you done with the furniture?"—your reply was, "Oh, it is quite safe"—I asked you what business you had to remove it, and all the reply I could get was, that it was quite safe—I then said I should give you in charge, and you promised faithfully to return it by 11 the following morning, and I allowed you to go—you did not bring it back, and I have not seen the furniture since. MR. PATER . Q. Did you give the prisoner any authority to remove the property from your office? A. Never—this is Messrs. Atkinson's invoice. George Weight. I am a salesman, in the employ of Messrs. Atkinson, cabinet makers, Westminster-bridge-road—the prisoner called at our shop on 6th, 7th, and 8th of April last—I saw him—he said he wanted to select some furniture—I showed him some, and be selected the things in this invoice—he said they were to be sent to Mr. Parsons', King's-bench-walk, Temple, with the account—the price of the goods was 21 l . 1 s . 1 d .—we look to Mr. Parsons for payment—he is-debited with the amount—the goods are not paid for. THOMAS ARTHUR BOLT . I am clerk in the chambers occupied by Mr. Parsons, in King's-bench-walk—I saw this furniture brought to his office—it was taken away on Wednesday, April 12th, between 3 and 4, by two men—the prisoner was there—it was taken away in a cart—the prisoner told me that Mr. Parsons was going to keep the carpet and rug, but the other furniture was too dear, and Mr. Parsons had told him to get some cheaper, and then he said, "They take them away quicker than they brought them"—they were taken away quick—he said that he was coming on the Thursday—he left me behind with the rug and carpet—he said he was going to give me something for myself on Thursday—I believed his statement to be true—a person named Rogers was there at the time—I never saw the prisoner afterwards. WILLIAM ROGERS . I am a second-hand furniture dealer, at 15 and 33, Chalton-terrace, Lambeth—on 12th April, I went to King's-bench-walk—I found the prisoner in a room there—I saw some furniture, which he pointed out—he said he was pressed for money, and he wished to dispose of it—I asked him if it was his own property, and he said "Yes"—I asked whether he had got a bill of sale on them, and he said "No"—I asked him if there was any rent due—ha said, "No"—he said I need not be afraid of buying them; they were all his own, and he had the invoice in his pocket—I believe the invoice was produced, but I did not look at it—I was satisfied then—I did not ask him his name—I gave him 6 l . for the furniture, and he gave me this receipt ( produced )—he wrote that at my shop; it bears his signature—(Head: "London, 12th April, 1865, Received from Mr. Rogers the sum of 6 l . for goods bought. G. Britton, 13/4/65")—I have the furni ture still, except the chairs—I took it away in a cart from King's-bench-walk. Prisoner. Q. Who sent you to the Temple? A. A neighbour of mine named Dungate—I believe I inquired for the name of Britton at the Temple—I agreed to return the goods if you paid me 7 l . in a fortnight, and 30 s . for expenses. JAMES CASTELL ( Policeman, F 129). The prisoner was given into my custody by Mr. Parsons—I found 2 s . 11 d . on him—he gave an address—he was not known there. GUILTY . He PLEADED GUILTY * to a former conviction in June, 1860, in the name of Edwin Boucher , sentence Eighteen Months.— Seven Years' Penal Servi tude. 549. JOSIAH ARROWSMITH (35) , was indicted for wilful and cor rupt perjury. MR. SERJEANT TINDAL ATKINSON with MR. POLAND conducted the Prosecution, and MESSRS. SLEIGH and BESLEY the Defence. THOMAS SMITH . I am clerk in the office of the chief registrar of the Court of Bankruptcy—I produce two affidavits of Josiah Arrowsmith, dated 23d June, 1864; attached to one of them is a copy of a deed marked A, and also a copy of an account—I produce them from the Court of Bankruptcy—the original deed is not there—we gave that back; in the ordinary course it would be taken away after having remained a certain time in the office for registration—I produce an examination of a person named Frost, dated 7th November, also an examination of Josiah Arrow-smith, dated 14th November—all these documents bear the seal of the Court of Bankruptcy. Cross-examined by MR. SLEIGH . Q. Some deed is spoken about, was that deed registered? A. This is a copy certified by the solicitor—I never saw the original deed—I am in another department—I only produce the papers. PHILIP HENRY PEPYS, ESQ . I am one of the registrars of the Court of Bankruptcy—these affidavits were sworn before me—this account, contain ing a list of creditors, is the one referred to in one of the affidavits—it is certified by me—this purports to be a copy of a deed—I have no personal knowledge of it; it bears the seal of the Court. Cross-examined by MR. BESLEY . Q. Do you know when the seal was put on it? A. No; it is on each sheet—deeds are taken to Quality Court to be registered—the affidavit specially refers to a deed, and I should not have marked it without seeing that there was a deed—I have no recollection in this particular instance of seeing a deed, but I know I should not have sworn an affidavit of that kind without having the deed before me—I look through the affidavits for the purpose of seeing what documents they refer to. JOHN WHITE . I know the defendant's handwriting—I lived in his ser vice for five years—the signature to this affidavit is his writing; also, the signature to this account, and the signature of "W. Frost" to the examina tion of 14th November. Cross-examined by MR. SLEIGH . Q. Do you say that the "W. Frost" is his writing? A. Yes; I can swear to it—I have not been shown these papers until just now—I was examined at the Police-court, but I did not see these papers there—( Looking at another paper ) I cannot say whether the signature of "William Frost" here is the defendant's writing—I cannot swear to it either way—I have known the defendant nine years, and worked for him five—I had no idea that I was coming here for the purpose of giving an opinion in respect of some handwriting which I had never seen before—( The affidavits and account were put in and read, alto the defendant's exami nation in Bankruptcy; their substance being that Frost was a creditor, to the amount of 650 l . 10 s . 6 d ., and that other persons named were also creditors for various amounts, referred to in the evidence ). WILLIAM FROST . I am a carpenter by trade, but I cannot do anything at present—the prisoner is my son-in-law, to my regret—I saw from a paper before me that he owed me 650 l . 10 s . 6 d . in June last, but I know nothing about it—Amos gave me a piece of paper with some figures on it to copy—this is it ( produced )—that is what the lawyer or whoever he was, copied; that was what I was to write from—I believe I signed my name to a deed—I put the paper by, but I could not find it when I went first to the Court; I found it afterwards, and gave it to Mr. Morley—when I signed the parchment Amos did not owe me a farthing—I lent him money afterwards altogether 4 l . 17 s . 6 d . I think—I was examined at the Court of Bankruptcy—I don't recollect seeing the prisoner there—I did not sign this statement; mine is a bolder hand than that—this is my signature. ( Looking at a paper )—I signed both these sheets. Cross-examined by MR. SLEIGH . Q. After your daughter married the prisoner, did you not occasionally lend him money? A. No; only during his trial at the Court; not before that, nor him me, a farthing—I don't remember the year in which my daughter married the prisoner; my recol lection has got very bad—my wife was present at the time I was shown this paper—Mr. Leek, an attorney's clerk, was not there—it was in the counting-house, where I live, about dinner-time—there was a lawyer there; the one that wrote this—it was an elderly man—I don't know his name—I did not see him at the Bankruptcy Court—I never saw him since I signed this. CHARLES EDWARD MORLEY . I am solicitor for the creditors' assignee under the prisoner's bankruptcy—he has become bankrupt, but not under this deed—this examination of the prisoner is in my writing—I was present the whole time he was examined—without my day-book, I could hardly under-take to say whether Frost was there on that day, but I believe he was—I was not aware that the prisoner's examination was signed "W. Frost,"instead of" Josiah Arrowsmith,"until a few days after it was done—I saw him sign it at the time, but I did not see what he wrote—I can say that Frost did not sign it—the prisoner was subsequently asked, either by me or by the Court, at my request, how it was that he came to sign this name, and the answer was he thought he was to sign it in that name. Cross-examined by MR. SLEIGH . Q. The defendant was sued by you, I think, several months before the bankruptcy for a client? A. Yes, for some thing like 70 l .—he was not taken in execution, he paid the debt upon proceedings in the Bankruptcy Court on a trader-debtor's summons—he paid it under compulsion, by order of the Commissioner—I can't remember when; I think in November—it might have been October last year—I think be paid the costs 6f the writ, 3 l . or 4 l ., but not the costs of the trader-debtor's summons—they were costs chargeable against my clients in default of the defendant paying—they amounted to about 60 l ., for the recovery of which I obtained the process of the Court—the prisoner then petitioned for pro tection—I believe he was acting under the advice of a great many different solicitors or clerks—I don't know under whose advice he was acting when these affidavits were filed—I knew nothing of him until these proceedings were taken—I am not aware that he was acting under the advice and direction of Leek—I know the person you allude to—I know that Leek was taken to the police-court when criminal proceedings were originally instituted—he came to my office in the first instance—I placed the matter in the hands of Messrs. Humphreys and Morgan—the prisoner has never given us any account of his assets—we have had no information of any kind—the assets I have in hand as solicitor for the assignee is a sum of 115 l ., handed over by Mr. Prevost, the auctioneer—at the prisoner's request, a sum of 17 l . and there is 50 l . worth of goods in the hands of Cutten and Davis, seized about a week ago—the debts proved amount to about 120 l . or 130 l . since the bankruptcy—I do not know that all the other debts nave been satisfied—I only know from the information of Mr. Solomon, the prisoner's solicitor, that they have been either satisfied or compounded for. MR. POLAND . Q. Were you endeavouring, in the middle of last year, to enforce that debt from your client? A. Yes—I then learnt that this deed of assignment had been registered—in consequence of that, I summoned Frost to the Court of Bankruptcy on 7th November, and had him examined with reference to that deed—it was at ray instance that the defendant was also summoned and examined on 14th November—I am responsible for the whole proceedings in bankruptcy—I discovered that the name over the prisoner's shop in Whitechapel was changed from Arrowsmith to Blackman, and upon that I issued a fifa—I believe it was on 1st February that the prisoner was made a bankrupt, on his own petition—I found out the change of name after I recovered my judgment—the 115 l . that I got from Mr. Prevost was from the sale of the property at those premises in Whitechapel—the property now in possession of Cutten and Davis has been discovered within the last week. JOSEPH PROUDMAN . I am a sadler, in Whitechapel—I have known the prisoner for some time—he was not indebted to me in June last—he came to me with another party, who I supposed to be an attorney, and told me in the course of conversation that he was sued unjustly for a sum of money, and he had drawn up a deed, by which he wished to pay his creditors 2 s . 6 d . in the pound, and he asked me to sign that deed for a certain amount—I think for 17 l . odd—that was mentioned either by the prisoner or by the party who was with him—I objected to sign it because he did not owe me any money; but after some conversation, from his saying it would oblige him, and that he should feel bound, if I thought proper, to pay me the 2 s . 6 d . in the pound—I thoughtlessly, after some considerable persuasion, signed the deed—I thought it was for 17 l ., but I understood afterwards that it was 27 l .—an attorney afterwards called upon me about it, and I went to the prisoner to ask him the amount, as I bad forgotten it—he said he would ascertain it, but I never saw him afterwards—the other party said in his presence that the deed had been destroyed. Cross-examined. Q. Was that a person named Leek? A. No, I do not know his name—he appeared to be advising the prisoner; and the prisoner told me if ever I got myself into trouble, he was the man to get me out of it. ROBERT SAVAGE . I am an auctioneer, of Brick-lane, Spitalfields—on 3d November, I saw the prisoner at 98, Whitechapel road, a furniture shop— he said he wanted me to sell off the things by auction—he showed me an assignment, and said he had made it to one Mr. Frost for the benefit of his creditors—I told him I must have Frost's authority to sell—I went over the stock in the morning—a paper purporting to be an authority from Frost to sell was left, dated 24th June—I got the bills ready—this ( produced ) is one of them—they were ready on the Saturday, and I was to commence on the Monday morning—the prisoner came on Sunday, and left word that I was not to print the bills till he saw me—the sale was to be on the following Friday—he called on the Monday morning, and said, "Do not print the-bills yet awhile, till I see you again"—he came in the evening with Mr. Leek, and said that Frost, his father-in law, had made a mess of it, and I must stop the sale—the nature of the mess was not explained—he said he had been up to a Court, or something of that sort, and Frost had said that no debt was owing—I stopped the sale, and the bills were never put up. Cross-examined by MR. SLEIGH . Q. This Mr. Leek was the lawyer, was be not? A. I suppose so; he talked a good deal—he was a stout man—I never saw him before or since—I could not say exactly which spoke about the mess, but they said they had made a complete mess of it. COURT . Q. Did you learn from either of them how the mess had been made; was it by making a mistake, or by letting the cat out of the bag? A. I should say by letting the cat out of the bag—I could not say. GEORGE RUSSELL . I am a detective officer—I have endeavoured to find Mr. John Wilson, of Sanford-road South, stated to be one of the assented creditors to the amount of 156 l . 6 s . 5 d .—I cannot find Sanford-road at all—I have made diligent inquiries—I have also made inquiries for James Marque, of 16, Stonecutter-street, E.C.—I could find no such person; and I have endeavoured to find A. Smith, of East-road, Hoxton, but could find no such person ( The amount for which Marque was stated to be a creditor was 54 l . 18 s . 6 d ., and Smith 18 l . 5 s . 9 d .). EDWARD MERRY . I am assistant to the messenger to the Court of Bankruptcy—I produce the proceedings in bankruptcy of Josiah Arrowsmith—the petition is dated February 1st, by the bankrupt himself and the adjudication the same day—there is a list of creditors, and a preliminary statement. JOHN L LOYD . I am clerk to Messrs. Humphreys and Morgan—I served upon the defendant on the 12th April, at this Court, a notice to produce a deed dated 20th June, 1864. ( It was not produced, and the copy was taken as read ). GUILTY .— Confined Two Years . 550. JAMES CORDUROY (43) , Feloniously shooting at Mary Jane Corduroy , with intent to do her grevious bodily harm. MR. BARNARD conducted the Prosecution, and MR. MOIR the Defence. MARY JANE CORDUROY . I am the prisoner's wife, and live in Sawyer's-place, Chiswell-street—on Saturday night, the 15th April, I was in the parlour—my husband came in and asked if I was going to bed—I said, "Yes, in a few minutes, as soon as my little boy comes back, and I have had some supper"—I was in the act of turning a shirt that was at the fire, when he told me to look—I turned, and he presented a pistol to me, and fired it—what was in it I do not know—there was only powder in my face—I Fell down and was stunned for some minutes; I then recovered and got outside—I fell into the arms of a constable—I was taken to the hospital—my husband was not sober—he had been drinking very much all day, and I think he did not know what he was doing—he was not two yards from me— he was at the door, and I was at the fire-place—nothing had occurred be tween us to provoke it—we were on very good terms—he is a good hus band—I have six children—I beg to recommend him to mercy. Cross-examined. Q. Was he very tipsy? A. Yes; he was not capable of doing work all day from drink—I had never seen the pistol before. COURT . Q. Were you hurt? A. I do not feel any effects from it now—I was hurt at the time—there was no wound—he fired it at my forehead—I held the chair up when I saw the pistol—we had not had any words—he had been in and out the house all day—he was sitting by the fire smoking his pipe—I did not know that he had the pistol. WILLIAM POLE ( Policeman, G 67). On the night of 15th April, I met the prosecutor in Church-court crying that she was shot—I went to the house and found the prisoner sitting in a chair, with his feet on another chair—I said, "Well, governor, where is the pistol you have been using"—he said he had not used a pistol—he then said the old pistol he had got was in a box in the other room—I went and found an old pistol there, which had not been used—I said, "Look here governor, it is no use telling me this, you have not used this, you have been using one"—he said it was only ft bone he had used; he had not done any harm—there was a frightful smell of sulphur and powder in the room—I took the prisoner to the station, and returned to search the place—I found this box containing six caps—the constable in my absence had found the stock of the pistol. Cross-examined. Q. Did you find the prisoner very drunk? A. He had been drinking heavily, but appeared to be getting the better of it—I looked at the chair; there were marks on it, but I cannot say whether they were marks of shot or what they were. SAMUEL BROWN ( Policeman, G 119). I was in Sawyer-place, and was called to go to the prisoner's house—I found, in the water-closet, part of a pistol, which I produce—the barrel had been screwed off it—it had been let off recently; the powder on the nipple was quite fresh. CHARLES DURANT PEERLESS . I am house-surgeon at St. Bartholomew's Hospital—the prosecutrix came there on 15th March; she was scalded about the forehead and eyelids, and there was a considerable quantity of powder underneath the skin—the eyes were not touched, only the lids—I attended her for about a fortnight—she is perfectly well now, but she will probably have the marks all her life. Cross-examined. Q. I believe you could not find the trace of anything but gunpowder? A. Nothing at all; no shot or wadding. NOT GUILTY . 551. JAMES CORDUROY was again indicted for unlawfully assaulting Mary Jane Corduroy , and occasioning her actual bodily harm. The evidence given in the last case was read over. GUILTY of a common assault. — Confined One Year . 552. MARY DICKENSON (27) , and ANN WILLIAMS (30) , Felo niously assaulting Catherine Hunt , with intent to rob her. MR. BARNARD conducted the Prosecution. MR. CATHERINE . On Saturday night last, I was out with my husband—Dickenson came up to me, and asked me if I was going to treat her—I said I was not, and she struck me a very violent blow in the face, and the other prisoner then struck me, and two more not in custody—Williams struck me several times, while Dickenson was trying to get a bundle from me; all four of the women fell on me, and the prisoner got the bundle—my husband came up at the time, and took the bundle from her and prevented me from being hurt—he was a little way behind me; he had occasion to leave me for a moment—he is a labourer—we lire in Paul's-alley, Jacob's-well, Barbican—this happened in Holborn, about half-past 12 at night—it was dark—a policeman came up, and I gave Dickenson into custody—the other one went away, but when I got to the station she assaulted me again, and I gave her into custody for helping the other—I have never seen them before to my knowledge. Dickenson. She insulted us first; I know her to have been convicted in 1851, at the Middlesex Sessions, and I called her by the name she was convicted in; she never had the bundle in her possession; she hit me, and gave me a black eye. COURT . Q. Were you convicted in 1851? A. Not in 1851; I have been convicted, but for three years I have got an honest living—my name was Catherine French—I had nothing but the bundle in my hand. Williams. I have known her for years; I know her to be a prostitute, and convicted several times; I have been in prison with her. PHILIP HUNT . I am the husband of the last witness—I was a short dis tance behind her on this night, when this occurred—I was carrying a small dog under my arm—I saw Dickenson trying to take a bundle from my wife—I caught hold of it, and held it tight till the constable came up—the prisoners both struck my. missus , and insulted her—I took the bundle from Dickenson—she and my missus both had hold of it—I got it away—I did not know the prisoners before—my wife had the bundle wad I had the dog. THOMAS ADAMSON ( Policeman, E 129). I was on duty in Holborn, about this time, and heard a cry of "Police!"—I went to the spot, and saw the prosecutrix and Dickenson close together—I could not see whether Dicken son had hold of the bundle or not; the husband was pulling it away at the time—I took the prisoner into custody—there were two or three move women there—I did not see them interfering—I did not take Williams at the time; the prosecutrix pointed her out afterwards. COURT . Q. What was the charge the prosecutrix made? A. An assault and attempting to steal a bundle—this was opposite Day and Martin's—there are a great many of those sort of people about there—Dickenson had a black eye, but I saw her previous to this disturbance up in Holborn, at 10 o'clock, with the other prisoner, and her eye was black then. Dickenson's Defence. I am quite innocent of stealing the bundle; I am quite innocent of the assault. Williams's Defence. I am innocent of it; I stood by, but I never said a word to the woman. CATHERINE HUNT ( re-examined. ) I was insensible—I was hurt on this eye, and scratched on my hands; they have got well. NOT GUILTY .— The prisoners were also charged with an assault on the said Catherine Hunt , and acquitted . 553. FREDERICK LEWER (20) , WILLIAM ANDREWS (20) , Rob bery on Maria Hewitt , and stealing a purse and 4 s ., 1 d . her property. MR. COLLINS conducted the Prosecution, and MR. GOUGH defended Lewer. MARIA HEWITT . I live at 37, Vere-street, Clare-market—on 7th May, about I in the morning, I was in Bedford-street, Strand—I saw the prisoners and two or three more; the soldier (Andrews) tustled with me while the other one picked my pocket of 4 s . 1 d .—Andrews said they had been looking for me two or three nights—I had never seen them before—they ran through a court leading into the Strand—I followed calling "Stop thief!"—they stopped at the end of the court, and I gave them in charge—I know I had my money safe two or three minutes before I saw the prisoners, because I put it in my pocket—the two or three other persons took no part in it; they were on the other side of the road—I saw the prisoners' faces, and am quite sure of them. Cross-examined. Q. Are you on the town? A. Yes—it was not very light at this time—I followed close behind them when they ran away—I did not lose sight of them at all—there was no crowd where I gave them in charge; there were one or two standing there—I did not bee a cabman; I saw a cab standing, and two or three people round it—it was very close to the cab where I gave them in charge—I was carrying my money in my hand, in my purse, before I met the prisoners—I generally do so—I put it in my pocket, because I saw the soldier approaching—I was going towards home; they were going the other way—they were walking close together—Andrews pulled hold of my right arm, and was pushing me about very roughly—he did not take any liberties with me—the other prisoner was behind me, and I caught his hand in my pocket—I said, "You have taken my purse," and as soon as I said that they both ran away. DAVID BURT . I was a waiter at the Tavistock Hotel, Covent-garden—on this Sunday morning, shortly after 1, I was coming off duty down Bedford-street, going home, and saw the two prisoners and the prosecutrix having a struggle at the corner of Bedford-street—Andrews appeared to have tight hold of her arm, whilst the other got between them and was picking her pocket—I was about three yards from them—they then round the corner, and the prosecutrix after them, down a court into the Strand—I went straight down Bedford-street and met them at the corner of the court, in the Strand, and told a constable—the prosecutrix came up calling "Police" or "Thief!"—I am quite sure the prisoners are the two men. Cross-examined. Q. Had you ever seen them before? A. Never—I noticed both of them—I saw their faces just as I see them now—there was a third person, with a small round hat on, with them; he disappeared—I did not see any other persons there—I lost sight of them for about a minute, when they went down the court—I did not notice any cab or cabman stand ing in the Strand—there were some persons talking to a policeman—I should say fourteen or fifteen—I did not see the prisoners come out of the court; they were there when I got into the Strand—I saw nothing taken out of the woman's pocket—she called out something as they ran away. JOSIAH HAUCHETT ( Policeman, F 93). I was on duty in the Strand on the morning of 7th May, between Bedford-street and the Adelphi theatre—I was holding a conversation with a cabman, a few yards from Exchange court, which runs from Maiden-lane into the Strand, when I heard cries of "Police!"—I went to the end of the court and saw Lewer come down the court—he went and stood against a post, directly afterwards Andrews came down and the prosecutrix—she directly went up to Lewer and said, "That is the man that has been robbing me of my purse and 4 s . 1 d ., along with the soldier"—they said it was not them—I took them both into custody—I saw Charles Ward there; he was leaning against some shutters, drunk—he was two or three yards from the corner of the court. Cross-examined. Q. Did you see the cab come up? A. I did, and three gentlemen were going to get into it, but they declined going in, and went away—my face was towards the court, while I was holding the conversation with the cabman—I had not seen Lewer previously—I found on him 4 d ., a duplicate, and a pass, from the militia, belonging to Richmond in Surrey—Andrews belongs to the Third Middlesex—the prosecutrix charged them immediately she came up—the place where Lewer was standing might be eight or ten yards from the cab—Ward was nearer the cab than Lewer—I did not see the cabman speaking to them—I must have seen if any one had got off the cab when it came up—I am sure neither of the prisoners got off. Witnesses for the Defence. HENRY LEWER . I am the prisoner's brother, and live at 39, New-street, Kensington—I am a horse-keeper, in the service of Mr. King—on Saturday, 6th May, my brother came to tea with me and stayed till half-past 12 at night; we went from my house in the forepart of the evening to the eagle with some of my fellow-servants—I left my brother against the Anchor and Hope in Park-street—he went away from me by himself. Cross-examined. Q. Where does he live? A. In Mille's-lane, Vauxhall; when he left me he went towards the Westminster-road—I went home—we, passed my eldest brother as we went along, going to take his cab home—I did not see him get into a cab; I was told so, but I did not see him—he was a cab driver, and is in the militia; I was out on pass that day. COURT . Q. Do you know Andrews at all? A. No, I never saw him. CHARLES WARD . I am a cab-driver of 13, Eokett-street, York-road; Lambeth—on this Saturday morning, about half-past 12, 1 met Lewer in the Westminster road, at the side of a cab-rank; we had a little drop to drink; I had a little more than he—a voting friend of mine come by with his cab and said, "Will you have a ride, I am only going home," he jumped up on the spring behind, and going along he took up a fare—we set the fare down in the Strand, just before you get to the Adelphi theatre, I got down to the fare—my friend, a woman, come running along crying out, Police, stop him"—I was then leaning against some shutters, and Lewer was standing by the side of a lamp-post, and she gave him in charge—I did not tell the policeman he had just got down from the cab, I had had too much to drink, and hardly knew what I was about. Cross-examined. Q. Was the cabman drunk or sober? A. Sober, I believe—I did not know that he told the policeman that we had just got down from the cab, nobody said anything about it in' my bearing—he was taken as soon as he got down; he did not run down any court—I never saw Andrews in my life; I went before the magistrate on the Monday, and gave evidence. THOMAS CARTER . I am a cabman, and live at 20, regent's-street, Lambeth Walk—on this Sunday morning, about half-past 12, I was coming along with my cab; I saw the last witness and Lewer, they got up on my cab to ride home with me; I picked up a fare, and we all rode together to the Strand—they there got down, and I let my fare out and Lewer stayed against a post—a constable came up and spoke to me about my badge being broken, and while I was talking to him the prosecutrix came along crying out, "Police," and she accused Lewer of picking her pocket—I am quite sure that he did not leave the spot, I kept my eye on him all the time. Cross-examined. Q. Were you in liquor? A. No, quite sober—I am quite certain Lewer did not leave me a moment—I did not speak to the policeman at the moment for I was so surprised at the occurrence—I went up to a police-court. NOT GUILTY . Lewer received a qood character. 554. FRANCIS WILLIAMS (24) , Burglary in the dwelling-house of James Young , and stealing 2 boxes, 1 coat, and 10 collars bis property. MR. HARRIS conducted the Prosecution, and MR. SHARPE the Defence. WALTER HOLMES . I am a potman at the Old King's Head, 282, euston-road; Mr. Rhodes is the master—about a quarter-past 5 on the morning of 20th April I was in bed, the prisoner came to my window and opened it; when he saw me lying in bed he made his escape as soon as be could, I saw his face distinctly—he ran across the leads, and jumped over some pales and I heard a loud crash of glass; I did not see him any more. Cross-examined. Q. Were you asleep when you heard something at the window? A. Yes, that woke me up, and I saw the prisoner looking in—I had seen him before, and spoken to him in the yard belonging to the public-house—he did not remain at the window a moment. WILLIAM MAYBANK ( Policeman, S 270). On the morning of 20th April, about a quarter-past 5, I was on duty in the Hampstead-road—from infor mation I received I went to the Grafton-yard, and saw the prisoner there endeavouring to make his escape from the premises of Mr. Ells, a ladde-maker—he saw me; I got up on to the ladders and on the leads, and pursued him across the leads past Mr. Young's and past the King's Head—he there turned round and got over a low fence, and I there lost sight of him—I went back to the low fence and found this coat, ten collars, two boxes and a halfpenny lying on the leads by the side of Mr. Young's window in the route the prisoner had taken—I found Mr. Young's window open, and also the window of the King's Head—I took the prisoner into custody about a quarter-past 10 the same morning; I told him the charge—he said, "I know nothing about it"—on the way to the police-court be said, "It is got up for me, they are trying to put me away, but I will put some of them away." Cross-examined. Q. Did you ever remember that expression before to-day? A. I never mentioned it at the police-court—I have known the prisoner seven or eight years; he has never been in custody before that I am aware of—these leads are on shops projecting beyond the backs of the houses—when I first saw the prisoner he was about twenty yards from me, endeavouring to come down—I got closer to him—the leads are fifteen or twenty feet high, they are level with the first floor windows. HENRY BENDALL . I live at 280, Euston-road, and am a clothier's assistant—about ten minutes past 5, on the morning of 20th April, I was lying awake, and heard a loud crash of glass, on looking up I saw the sky-light broken—I looked across the leads to another sky-light and saw the prisoner making over a wall between some ladders—I heard the witness Holmes call out, "There is somebody going across the leads"—I got up and met the constable, and went with him, and just saw a head and hat dis appearing across the wall—I afterwards saw the prisoner at the station and picked him out from seven or eight—he is the man. Cross-examined. Q. Were the others dressed in a totally different manner? A. Yes, the policeman told me that a party had been apprehended who was on the leads; he did not point the prisoner out to me; they were standing in a circle—I turned him round to have a good look at his side face, that I should not be mistaken, but I was certain of him at first. JAMES YOUNG . I am a shoe-maker of No. 2, Hampstead-road—the articles produced are mine, and were safe in the house at 12 o'clock, when I fastened up the place. GUILTY .— Confined Six Months . 555. ANDREW SPIGHOLTER (30) , Feloniously receiving 7 watch-cases and movements, the property of William Howard Dalton , well knowing them to have been stolen. MR. GRANTUAM conducted the Prosecution, and MR. PATER defended. WILLIAM HOWARD DALTON . I am a watch-maker, of Dudley, in Warwick—on 7th March my shop was broken open and robbed—I identify some of these watch-cases and movements ( produced )—this watch number 136,841 was originally 13,684, the figure "I" has been added since—I have no doubt of its being mine, and one of those I lost; here is another, 452,571, the original number of this was 15,257; the first "I" has been altered to a "4" and "" has been added—here are others which I identify in the same way; this one, 490861I was originally 49, 086, the two "1's" have been added since—here are six or seven altogether which I identify, and in which the names of supposed makers have been inserted, but in this one here is the name of an original maker in Coventry, under the dial, who manufactures for me—they have also been re-gilt—I never knew a watch maker to alter the number—this paper (produced) was found with the watches—I do not identify it, but I identify the numbers, it is not in my writing. Cross-examined. Q. Do the numbers on that paper correspond with the numbers which you have in your pocket-book? A. Yes—I swear to these seven cases and movements. THOMAS EVANS ( Policeman, G 22). On 22d March, about 3 o'clock in the afternoon, I saw the prisoner running very fast in Spencer-street, coming from Northampton-square—I followed him to a pawnbroker's shop in Goswell-road—I went in and asked him what he had got; he said, "Nothing"—I said to the pawnbroker, "What is this man pawning here"—he handed me this silver watch, which is one of those which the prosecutor identified—I took him in custody, and found two cases on him—he said he lived at 15, Gibraltar-row, St. George's-road, Southwark—I said, "Well, I am going to search your address, have you anything that does not belong to you"—he said, "No, all that is there belongs to me"—I went there and found seven watch movements and three watch-cases, which the prosecutor identifies—I also found three or four watch movements, and one metal watch, which are not identified—I went back and asked the prisoner if he could account for them; he picked out four watch movements, not four of these, and said, "I had them from a man in the New Cut, and also one metal watch"—I said, "Here are a quantity of movements and cases, who did you get them of"—he said, "Of a man named Bacon"—I asked him where he lived—he said he did not know—he did not tell me the name of the man in the New Cut—I said, "Cannot you give me any particulars"—he said, "No, all I know is I met him in a public-house in the London-road"—I said "There is a quantity more movements than there are cases, can you account for that;" he made no answer—I afterwards went to 5, Little Northampton-street, Clerkenwell, where Hicks lives, who gave me four watch-oases—I also searched the prisoner's room, and found this piece of paper with six out of seven of the original numbers of the watches on it—I then went to a gilder in Queen-street, who gave me the plates of seven watches with names and numbers of them, which had been fresh gilded; they were the names of different makers in London. Cross-examined. Q. Was it from what he told you that you went to the engravers and the gilders? A. No, the gilder is here—the four watch movements and the metal watch, which he said he had from a man in the New Cut, were identified at the police-court by a man from the New Cut—I understood the prisoner's English very well; after I brought the things from his house I do not remember his saying, "These are all the things I have got, and all that are there belong to me"—I found the address he gave correct—here are three or four movements here which are not identified by any one; four movements and a metal watch were identified at the police-court by the prisoner's customers. HARRY SHORT ( Policeman, G 77). Cross-examined. Q. Did the prisoner give you the information to go to the engraver? A. I watched him there, and when I asked him if he had left anything at little Northampton-street he said, "Yes, it is no use my denying it, I left some cases there, and you will find them"—that is Mr. Hicks, the engraver's, who altered the numbers—he also said that the gilder lived in King-street; I found some of the plates there—I saw Hicks on Tuesday lying in bed in Clerkenwell work-house; he could not move head or foot; he was obliged to be fed, and could not even raise his hands—I was present when his deposition was taken before the Magistrate, and saw him sign it; this is his signature. ( Read ): GEORGE JOSEPH HICKS on oath says, "I live at No. 5, Little Northampton-street, Clerkenwell—I am an engraver of watches, I know the seven watch cases and seven watch movements produced, the prisoner brought them to me towards the latter end of March last, and he asked me to put names on them and alter the numbers—I put names on all and added the figure "1" to each number, and in one case I altered "" into "4"—the numbers are generally stamped on the cases and plates—I did not think it was suspicious in the prisoner asking me to add names and alter numbers." SARAH RUSSELL . I am the wife of James Russell, of 14, Gibraltar-road, St. George's, Southwark—the prisoner occupied a room in my house and nobody else. Cross-examined. Q. Had he done so for some time? A. For three or four months—I have known him for several years as a jobbing working jeweller. WILLIAM MAUNDER . The prisoner brought me some watch plates to restore the gilding—here are two of them. Cross-examined. Q. I suppose there was nothing unusual in that? A. Certainly not, it is done every minute in the day—the numbers were the same when they were brought to me as they are now. GUILTY .**†— Five Years'Penal Servitude. 556. CHARLES YOUNG (43) , Unlawfully conspiring (with Soria Foking not in custody) to cheat and defraud Varlour Rosenoff . MR. COOPER conducted the Prosecution, and the evidence was interpreted to the prisoner. VARLOUR ROSENOFF . I Live at 11, Adam and Eve-court, Oxford-street and am a valet—about the middle of June I was seeking a situation and was introduced to the prisoner, he asked me if I could go to St. Petersburg to take his master's, the Count de Medoc's money, 12,000 roubles, and asked me to come and see his master at Brompton-square—I did so and the Count spoke Russian to me in the prisoner's presence, and showed me a document, I read it all and said, "The document is right enough"—he said, "I will give you an answer to morrow by my courier," pointing to the prisoner, and they both said that I had better leave my place as soon as I could—the pri soner came to my place next day and asked me how much I wanted for the job, I said that I did not know, he said "The banker, Mr. Spielman, was to take 500 for the job, but 1 suppose if you have half that it will be enough," said, "Oh, yes"—the same day the Count came to me at New Bond-street, and asked me if I could lend him 25 l .—I said that I could not but I gave him 10., the prisoner was not present—next day I saw the Count at St. James's hotel, and he asked me to leave my place and go to him next day at St. James's hotel and I did so—the prisoner was there with him—the Count said, "I am not ready yet, but I will try and prepare all my papers for you to go to Russia"—next day he asked me for more money and I think I gave him 4 l . and 6 l . in the prisoner's presence, who said, "It is quite right, you are very lucky that my master trusts you for 12,000, he is a regular gentleman and he will pay you everything," he told me that three or four times—after that the Count asked me for 14 l ., I said I cannot give it to you—the prisoner swore at me, and said, "How is it that you do not be lieve my master when he shows you the document which is right enough"—I lent him altogether about 45 l .—I asked the prisoner for it three or four times and he said, "It is quite safe enough, do not you trouble yourself at all." Prisoner. Q. Was I introduced to you by a M. Dennison? A. Yes, he called himself Count Demidoff—he did not bring you to me—you spoke of your master as M. Foking, not as Count de Medoc—I went to a Casino with Foking and drank champagne there, he asked me to treat him—I did not give you 5 l . to pay the landlady, nor did I see the receipt—you asked me for 1 l . to send to your wife in France and I lent it to you on the security of a ticket of your watch which M. Foking gave me—M. Foking said that he would pay me my 30 l . and send me off next morning—I swear I did not take the watch out of pawn nor did I pawn it for 5 l ., it was in for 6 l .—Foking said to you that he might give me 12 l . for it but he never did—I tried to sell it, I have the ticket now. ANN HUTCHINSON . I let apartments at 22, Brompton-square—about the end of January the prisoner came there with a person calling himself Foking, they stayed about twelve weeks—the prisoner told me that Foking rode with the Emperor in Russia, and that his wife was Countess Demidoff in her own right—they were recommended to me by a respectable tradesman and came as master and servant, but they did not appear so at all, they lived together, ate together, went out together, and came home together, and if they were out all night they were out together, and they lived very disre putable lives—the prisoner said that his master was very rich and had plenty of money, and Mr. Spielman was his banker in England—I was not paid my rent or anything else. Prisoner. Q. Did not I tell your brother that my master was an officer in Russia? A. A Russian officer and the first man in the Court. WILLIAM GORDON ( Policeman, C 33). I took the prisoner on 2d April in Burton-street, Pimlico, I had been looking for him some time—I had a warrant for him and Foking as well, he understood English very well—I told him the charge was obtaining several sums of money from Rosenoff—he shook his shoulders, and said something about Count Demidoff, and com menced to swear in English. Prisoner. Q. Did not somebody interpret the charge to me? A. No; four Frenchmen and one lady were present—there was not a police-officer there who spoke German and French, but at the station there was—it was the landlord of No. 34, in the opposite street who was with me, as I did not like to go into your house alone—I took your pocket-book from you—I do not know whether there was a 1,000 franc-note in it; the papers are all in it now, I can't read them, they are in French; and here is a French dupli cate ( One of these was a receipt for 1,000 francs, signed "Soria Foking" ). Prisoner's Defence. I came from Paris with M. Foking and his children, and governess and lady's-maid, he owed me a thousand francs for a year's service and gave me this bill instead, he sent away his family and came to London with me. He made the acquaintance of M. Dennison, a chemist, who advanced him money, M. Dennison said that he knew a Russian valet who had about 300 l . of his own who would, no doubt, advance some money to another Russian. My master said that if he was a respectable man he would send him to Russia with some documents to deposit at the bankers there. M. Dennison took me to Rosenoff, who afterwards saw Foking, they spoke Russian together, but there was no mention of Demidof—I have three wit nesses to prove that Rosenoff has said that Dennison was the cause of his lending the money to the Count. I was only paid 18 francs altogether, and had to pawn ray clothes to send money to my children; Foking has gone away leaving me entirely destitute—he owes me 1,600 francs. GUILTY .— Confined Twelve Months . 557. CHARLES ROUSE (24) , Feloniously assaulting Mary Ann Jones , with intent to ravish her. MR. HARRIS conducted the Prosecution, and MR. WOOD the Defence. GUILTY . Recommended to mercy by the Jury, believing him to be touched with imbecility, though not actually of unsound mind. Confined Nine Months . 558. SAMUEL JOHN PHILLIPS (46) , and JOHN GREEN (35) , Stealing on 28th May , 113 loaves of sugar and 3,343 lbs. of sugar, and on 28th June , 112 loaves and 2,310 lbs. of sugar of Robert Holdsworth Carew Hunt and others, their masters, and WILLIAM IVERMEE (40) , felo niously receiving the same, knowing it to have been stolen. MESSRS. GIFFARD and POLAND conducted the Prosecution , MR. COLLINS defended Green , MR. DALEY defended Phillips , and MESSRS. DIGBY, SEYMOUR and KEMP defended Ivermee. HENRY JOSEPH EVANS . I live at 14, Lamb's-gardens and was a carman's driver—about 1863 I was carman to Mr. John Coles a carman, of 22, John-street, Crutched-friars—I was about two years in his service—I don't re member exactly when I left—it was part of my duty to deliver goods, I have occasionally delivered sugars at Ivermee's; he keeps a grocer's shop in the Caledonian-road, Islington—they were loaves of sugar, I brought them from Brewere'-quay—I saw Phillips there when I went, and told him I wanted some loaves for Mr. Ivermee, he said, "We will attend on you directly"—he sent me upstairs and I gave the order into a little window, at least I went up to a little window where they give the orders in, I had no order, I received a cart-note with the loaves, they always send the cart-note down with the loaves, from Brewers'-quay I went to Mr. Cole's office and he wrote me out one of our cart-notes to take with me to Mr. Ivermee's, it was a similar one to this—I can't read it myself, I can't remember the quantity I took, it was a good lot, somewhere about 20 cwt. I think—the cart-note was a little square piece of paper and I think it had some printed letters upon it—Ivermee signed the one my master gave me, and gave it me back—I then took it back to my master's, we have to give them all in at night—I can't say that I saw Green when I went to Brewers'-quay. Cross-examined by MR. DALEY . Q. Are you in any employment now? A. Not at present—I can't say the date I went to Brewers'-quay, or the day of the week, it was such a while ago, it was a fine day, I recollect that, it was between eleven and twelve—I asked for Phillips at the warehouse and some labouring men directed me the way to go, I told him the order was lodged—I did not think there was anything wrong—I was first spoken to about this about a month ago—I could not remember about taking the sugar then, I remember it now. Cross-examined by MR. SEYMOUR . Q. Can you swear to the year that this matter occurred? A. I think it was about,1864, I can't swear to the year, I can't swear whether it was 1863 or 1864—I saw a good many men at the warehouse, there were several young men sitting at the window—I went in and signed for the sugar; I can write my own name and that is all—I got what they call a delivery-note from Brewers'-quay, you can call it a cart-note if you like—the cart-note I took to Mr. Ivermee I got from Mr. Coles, I got the square paper from Brewers'-quay, one of the labouring men gave it me out at the loophole. MR. GIFFARD . Q. Did you take that also to Mr. Ivermee's? A. Yes, I took them both, he keeps the one from Brewers'-quay—it is something like this one ( produced ), I left it whatever it was with Mr. Ivermee. COURT . Q. Did you sign any book? Q. Yes, I signed where they tear the paper off. JOHN LLOYD . I am clerk to the attorneys for the prosecution—on 6th May I served Ivermee with a notice to produce, of which this is a copy, certain documents. Cross-examined by MR. SEYMOUR . Q. He was in custody at the time I believe? A. Yes; I heard that the police had been to his place and got a number of papers. JAMES REEVE . I am a carman's driver—last year I was in the service of Mr. John Coles—I remember taking some sugar from Brewers'-quay to Ivermee's—as near as I can recollect it was about last May—as near as I can recollect I got about 10 or 20 cwt.—I saw a man of the name of Green at Brewers'-quay—I believe the prisoner Green is the man—I had no written order—when I got the last loaf the cart-note was attached to it, underneath the string—it was exactly like this—I took it back to Mr. Coles and he gave me one of his own cart-notes—I took the cart-note that was on the sugar, with the goods, to Ivermee—I cannot re collect whether he signed it or Mrs. Ivermee—I can read—to the best of my recollection this is the note—I left the one I got from Brewers'-quay at Mr. Ivermee's and the other one I took back to Cole. Cross-examined by MR. COLLINS . Q. When did you leave Mr. Coles? A. About two months before last Christmas, about October—I had a few words with him—I gave him warning to go—he could not pay my wages regularly—I had been working for him rather better than a twelvemonth—I believe it was in the middle of the day that I went to Brewers'-quay—I cannot tell you how many men I saw there, there were men running about all over the warehouse—the sugar was delivered in Thames-street out of the loophole which is the usual place—I had been there before—there are three or four entrances to Brewers'-qnay—when I went down I saw Mr. Green at the loophole—he asked me what I wanted, I told him I wanted some goods for Mr. Ivermee, he said, "All right, here they are ready on the scales, pull under and I will load you"—the sugar was in loavos or tittlers —I cannot recollect the day of the week, it was about May—I was spoken to by the officer about this about three weeks ago I think—I did not remember all this directly, the policeman asked me if I ever went to Mr. Ivermee's and I said "Yes"—I recollected all I have told you to-day—Mr. Coles had about seven or eight carmen at that time he was in a large way of business—I generally have one cart a day and sometimes a van—I went to different places—I cannot remember where I went the day after or the day before. Cross-examined by MR. SEYMOUR . Q. Will you swear that you did not take a written order on the day you say you went to get sugar? A. I can swear on one day that I did not take an order, but on this day I noticed the sugar was loaded so quickly—I went two or throe times to Brewers'-quay and two or three times to Mr. Ivermee's—I remember on one occa sion I did not take any order; 1 cannot say what day in the month it was—I did not sign a book that I recollect, after my cart was loaded—I can almost swear I did not, but I am not certain. COURT . Q. Do you mean that you did not sign any book on any occasion? A. I can almost swear that I did not sign any book at all on any occasion. WILLIAM COLES . I have got the book in which I make entries for my father sometimes, I wrote that entry, "112 loaves from Brewers'-quay, 1 ton 2 qr. 14 lb., to Mr. Ivermee, Evans, "Evans is the carman—the date is 28th June, 1864—the writing on this paper is George Williams'—this is what they write in the book at the time they give these notes to the carman—we take the carman's name as well as where they are going to. Cross-examined by MR. SEYMOUR . Q. Can you always tell by that book where the particular goods are gone? A. Yes, that is the usual course—we can tell who get the goods. MR. GIFFARD . Q. That is to enable your father to make his charge for the delivery? A. Yes. GEORGE WILLIAMS . I was in the employment of Mr. John Coles about May or June, 1864—this is my writing upon this note, and this also. JOHN COLES . I am a licensed carman at 22, John-street, Minories—I remember Evans and Rogers being in my service—I have known Ivermee from ten to twelve years—one of these signatures, "Wm. Ivermee,"is in his writing, I should say, but the other one I cannot speak to—the top one is Mr. Ivermee's writing ( Read : "Received by John Coles, licensed carman, 113 loaves, 20 cwt. 3 qrs. 19 lbs. B Quay. Wm. Ivermee. 28/5/64")—when one of my carmen brings a cart-note with the goods I copy it off on to one of my own cart-notes, I send the original on the goods—they are the vouchers, and they are signed and brought back to me—this other entry in May, 1864, is in the writing of a person named White, who was in my service—( Read : "Receipt for 112 loaves, 21 cwt 1 qr. 14 lbs. B Quay, to Ivermee, signed Ivermee. 28/6/64"). Cross-examined by MR. SEYMOUR . Q. Did you send your carman in the ordinary course of business in these matters? A. Yes; there was nothing different from the ordinary transactions I have had for years—the orders from Ivermee have come by post to send to Brewere'-quay for a load lying there in his name, and I have sent part of it down there by my roan—I did not give him any special instructions; he had instructions if there was nobody in the office, to go up on the floor and inquire if the order was lodged. COURT . Q. You say an order; was it a letter requesting you to send? A. Yes; on one side of the letter was written "Messrs. Barber & Co., please deliver the loaves of sugar, lying in my name. "W. Ivermee," and then the other leaf, folded up, was addressed to me, "John-street, Crutched-friars." MR. SEYMOUR . Q. Did you ever send a man without receiving such an order. A. No; there was nothing in these transactions to lead me to sus pect that there was anything wrong; it was done in the usual way of busi ness as far as I saw—Mr. Iverniee's conduct was always honest and straight-forward. MR. GIFFARD . Q. Is it the ordinary course of business to send a private note to the carman? A. I have never sent a private note yet—the outside leaf was directed to me, and 1 tore that off and sent the other part, which was directed to Messrs. Barbar and Co., Brewers'-quay. GEORGE WILLIAMS ( re-called ). I never had a note from Mr. Ivermee: I have from Mr. Coles—I took it down to the sugar-floor at Brewers'-quay; it was something like a note; I can't exactly say what it was, it is a long while ago—it was a folded note, like an envelope—I was to take it to Phillips; I took it to Phillips—I can't say that I gave it into his hands; I saw two or three there—I believe it was him I gave it to—my master told me to take it to Phillips. Cross-examined by MR. DALEY . Q. You think you gave it to Phillips? A. Yes—I can't swear it. JOHN COLES ( re-examined ). I never gave Williams a note in my life in an envelope to take to Mr. Phillips—I never gave him any note to take to Phillips. Cross-examined by MR. SEYMOUR . Q. Can you say whether at any time you may have folded the notes together? A. I might have done so. COURT . Q. If these things were sent, might it fairly be expressed as doubled up like a note? A. Yes; he might double it up—it was not in an envelope—he was to take the note to Brewer's-quay, and ask for the loaves—I knew there was a warehouse called "Phillips' warehouse"—I never gave any special direction to the man to give the note to Phillips—I told him to take it to Brewers'-quay; that was the only order that I am aware of—the merchant's order might be lodged with three or four different carmen; there are sometimes three or four writings off, and they will not deliver the goods without you go with a copy of the order, the ship's name, and so on—if there were orders for 20 hogsheads of sugar, it might be for twenty different people to fetch it away; it would be in the name of a merchant, but it might be sold to twenty different customers—when I say the order was lodged, I mean by the man that Ivermee bought the sugar of. MR. GIFFARD . Q. And then, according to the practice, he would have to endorse it? A. He would have to endorse his own order, not the merchant's order—the goods would not be sent till he signed another order—they would not allow him to endorse the original, unless he bought the whole consign ment. EDWARD SAYRE . ( The former evidence of this witness was read over to him, to which he assented ). There is no trace either in the books or in the orders filed, of any order to deliver on 28th May, 1864, to Mr. Ivermee, by Coles cart, 20 cwt. 3 qrs. 19 lbs., 113 loaves—there is no counterfoil of the cart-note—these are the cart-notes for May, 1864—the deliveries were rather heavy at that time—the name signed on 28th May is Brown—I take that to be Brown's writing—I do not know it—these are the counterfoils upon which the particulars of the cart-notes are entered—there is no counterfoil showing that quantity as going out on 28th May, 1864, to Mr. Ivermee—it would not be the regular course to let anything go out without a cart-note, or without the counterfoil being signed—a blank counterfoil would not be regular; that might have been overlooked in the printing, and therefore they would not see that counterfoil at all—Phillips is the person who had to discharge that part of the duty—I hare also searched all through the books for a delivery of sugar to Ivermee, by Coles' cart, on 28th June—there was no original order lodged, no cart-note, no counterfoil—a very large quantity of sugar has been missed from Phillips' warehouse. Cross-examined by MR. DALEY . Q. Did you succeed Phillips? A. No; Phillips was in the warehouse when I went into the service, twelve or thir teen years ago—he has been about thirty years in the service, and about twenty a foreman—he did not leave till last October or November—there are five floors above the ground-floor in his warehouse—in 1863 and 1864 there were two warehouses with sugar stored in them, with five floors each—the sugars are generally in the first or second floors—on a press they are put on the other floors—in usual cases they deliver from one loophole—the first floor in Thames-street is the usual one, but in busy times they would be delivered from anywhere—the delivery-order would be given by the fore man to the delivery-foreman—first it would be given by the carman to the foreman; it would be taken by the carman into the warehouse and given to the foreman, as a rule—a foreman might then deliver the goods himself, but as a rule he would give the order to the delivery-foreman of that floor; if lie was not there he would give it to a sort of assistant-foreman—Green was the delivery-foreman of the sugar floor at Phillips' warehouse—Phillips has been away a fortnight sometimes—I think the firm gave him a trifle last summer, 1 l . or 2 l ., but I do not think, as a rule, they would do it—there is a book kept by me, in which men sign when they arrive at the warehouse—I have not got it here—I do not think Phillips went away last year till the fall, when he was away a fortnight—he went on the sick-list as soon as he was discharged by our firm—I am secretary to the society—I cannot recol lect if he went on the sick-list in May, I have so many members; the club books will tell—they are distinct from the business—he might have been on the list in May—I do not remember his being sent away to make up some cheese-accounts; there was some little bother about the cheese—in 1864 we had 4,324 tons of sugar in Phillips' warehouse; that was the whole quantity that went in—a quarter per cent is not allowed for waste—if the waste is nut more than 5 lbs. in the ton, the merchants do not charge for it—sometimes the losses are not one-eighth or one-sixteenth per cent.; if 5 lbs. per ton was the waste very often it would excite remark; the merchants would soon complain—the sugar is all loose in paper—it is carried from the ship to the warehouse by hand, and pitched up from hand to hand on to the floors—chips come off sometimes—sometimes a man will drop a loaf, and it will break—when we found the great loss we had sustained we took stock—it is not customary in cases like ours, where goods are in transit, to take stock—we take stock of foreign sugar every five years; that is for revenue purposes—Phillips was dismissed—he was taken into custody, and remanded ten times before the Lord Mayor—he was in Newgate all the time; he was tried here in February and acquitted—he was allowed to go out on his own recognizances in April—he was tried here again this Sessions, and again acquitted—this is the third trial—I have been a witness upon each occasion. Cross-examined by MR. COLLINS . Q. What position do you occupy in this establishment? A. I am out-door collecting clerk, and I have various other duties—Mr. Joseph Carew Hunt is the manager—lie is here—one of the delivery-order clerks is here—a man named Holman in Phillips' warehouse was the assistant foreman—his wages were 27 s . a week—Green had about 3 s . 4 d . or 3 s . 6 d . a day, and he got something for overtime—several men signed the delivery-orders—May and June, 1864, was a very busy time—the duty was altered, and the men in the sugar-houses were very much pressed with work—I have a general knowledge of the establishment—I don't know that the delivery-orders are lodged sometimes a day or two before—when a carman produces a delivery-order, it is marked in the counting-house, and given back to him—he then takes it into the warehouse and asks for the goods, or he may tell the foreman, "I lodge this order with you, and I will come for it to-morrow," perhaps, and that carman must present himself for those goods, and his cart must be identified with the delivery-order before the foreman would deliver the goods—the delivery-order might be delivered on 27th or 28th May, and the goods not go out till 30th; but that is exceptional. Cross-examined by MR. SEYMOUR . Q. Do you keep a record of the number of those books that are out? A. We don't know the number of these cart-notes—these are the only ones we can find—we do not keep any record to check the number of books that go out and have them accounted for after wards—it is not generally customary for a carman to sign the counterfoil; sometimes it is done—if there is any dispute, the wrong spelling of a name, or any little hitch, the carman will give a receipt on the back of the delivery-order—carmen don't sign for goods—I never saw a cart-note signed by a carman—I never heard of the counterfoil being signed by a carman, or his signing in a book—I can't say whether the carman is mistaken in that; there may have been some reason for his signing it—Phillips did not keep the books. MR. GIFFARD . Q. Had he the superintendence of these floors? A. Yet, he had to make a return each day of the work he did, whether landing or loading, receiving or delivering—the return is made on a printed form—I have not one here—they are kept at the quay by one of the firm—they are put away in an iron safe—they are put in parcels applicable to each particular year—we could have the return of 28th May, 1864, found directly, and the 28th of June—( The returns were sent for, also the attendance-book ). JOSEPH HUGGETT ( City-detective ). I went, with Sergeant Foulger, to Ivermee's house in the Caledonian-road—he keeps a grocer's shop there—I told him we were police-officers, and had called to ask him about some sugars he had received; he could do as he pleased about answering us—I had this memorandum in my hand, which I read to him—he said, "I know nothing at all about it; I never received any sugars from Brewers'-quay"—we then went from the parlour into his shop and examined a bill-file which he brought—we found five invoices with the name of White on them—Ivermee said, "That is the only person that I ever received sugars of; Mr. White, who lives in the neighbourhood of Tower-street"—I said, "Who and what is Mr. White?"—he said, "He is a traveller; he comes somewhere from Lower Thames-street White used to write the orders out; they were sent to Coles the carman; sugars would arrive by Coles' cart; White would call a day or two afterwards, and I used to pay him the cash"—I said, "Who first introduced you to Mr. White?"—he said, "A person named Bell, but he is dead and gone"—I said, "When did you last see White?" —he said, "I should think it must be from eight to nine months since 1 last saw him"—we said, if he could give us any information about White, we would try and find him, and go anywhere with him for that purpose—he said, "It would be entirely useless"—he was then taken to the station, and charged—I asked him if he knew Phillips of Green—he said, "No." Cross-examined by MR. SEYMOUR . Q. Did you take possession of other papers and documents as well as these you produce? A. There were two or three others, which I took—he brought the file in to us at once—there were a great number of papers with bill-heads, and receipts without bill-heads on the file—I have been twenty-five years in the police—I did not write down the questions I put to Ivermee, or his answers—he said that he knew nothing at all about it; all he had received he had received from White, and he paid him at the same time, and he never received sugars from Brewers'-quay—Sergeant Foulger went down-stairs with Ivermee, I believe—I did not go. MR. GIFFARD . Q. Have you all the papers here that you took away? A. Yes—I found no cart-notes applicable to the sugar coming from Brewera'-quay. MR. COLLINS to EDWARD SAYRE . Q. How many books were in use on 28th May, 1864? A. I think there were three or four—I have brought all of them here—as a rule, there would be one cart-note book at one time; in busy times, there would be three or four—there are five here—I got these books out of the warehouse—they were in the custody of the present foreman, Maddox—they were in Phillips' custody in 1864—I sent for them out of the warehouse—I cannot say who I sent—I have all the delivery-books here—I have not searched in the warehouse myself—I should say there were not fifty more there—I will not swear that there was not another cart-note book on 28th May, 1864, or that there were not two more—I should say, to the best of my belief, that all the books are here, because I have all the delivery-order books—they are copied from the delivery-orders—the delivery-book corresponds with the cart-note book counterfoil, with the exceptions I have pointed out. MR. GIFFARD . Q. The first counterfoil on 28th May is in Green's writing, I think? A. Yes; all the cart-notes bear the words "Brewers'-quay" on them, and "per Joseph Barber & Co." at the bottom. THEODORE HALSTEAD FOULGER ( Detective-officer ). I went with Huggett to Ivermee's place—we told him we were officers—I heard a conversation between him and Huggett—I told him that he had received a quantity of sugar, of which these were part—I had the deli very-notes or cart-notes in my hand—I said they represented a quantity of sugar, to the value of about 600 l ., that he had received from Brewers'-quay—he said, "I know nothing at all about it"—I then said, "Who is this man White?"—he said he was a traveller; that he did not know where to find him—he said he always paid for the sugar at the time it was delivered—I then drew his attention to this invoice of 23d June—I said, "How is it you paid for these on 23d June, when the goods were not delivered until the 27th?"—he said he was no scholar—I then said to him, Do not consider it any trouble, we will not spare any expense if you can take us to this man White"—he said it was no good, he did not know where to find him any more than the dead in their graves. Cross-examined by MR. SEYMOUR . Q. There was a quantity of receipts and papers on the file, I believe? A. Yes—Huggett and I were both ex amining them, and when we came to one with White's name, we took it off —I cannot tell you whether I took them all off or not—I did not search hi stock—there was every facility given us to look at his papers and his stock and sugar—I went down stairs into the cellar—I went in his place first—I did not begin the conversation till Huggett came in and told Ivermee we bad some questions to ask him about some sugar—I told him there was somebody else outside, and he said, "By all means bring him in"—Huggett said, "We are police-officers"—it would be impossible for me to say how the conversation went on, or to give a consecutive account of what occurred—he said that his dealings had been with White; he knew nothing himself because he had always paid him ready money. JOHN BLATCHFORD . I am a warehouse-keeper at Brewers'-quay—I know Phillips and Ivermee—I have seen Ivermee at Brewers'—quay more than once—I have seen Green's writing, and believe these five invoices to be his. Cross-examined by MR. COLLINS . Q. How long have you been in the pro secutor's service? A. About seven years—I was in Phillips' warehouse—I should not like to swear these are in Green's writing—I would rather say it was not his, than say positively that it was—I have seen Green write—I don't know whether the invoices are in his writing or not—I do not believe they are—I have seen them before—I had an idea then that they were Green's writing—nothing has altered my opinion, only I should not like to swear that it is his writing—I have no idea whose writing it is—Green wrote in that style, but whether it is his writing or not I cannot say—I have no belief either way. CHARLES ROGERS SAUNDERS . I am warehouse-superintendent at Brewers'-quay—I know Green, and know his writing—to the best of my belief these invoices are his—the receipt to the bill does not appear to be his, but the body of the bill is his decidedly—I speak to all five. Cross-examined by MR. COLLINS . Q. How long have you been in the employment? A. About six and a half years—I have been warehouse superintendent about fifteen months, over the whole of the warehouses, Phillips' as well—I have no doubt the clerks in the office know Green's writing—there are about two clerks in the delivery department at Phillips' warehouse—one has been there twelve years—I can't say how long he has known Green's writing—I have known it perhaps four years—I feel positive to the best of my belief that they are in his writing—it is his usual hand—I would not swear that the signature is not his, but to the best of my belief it is not—to the best of my belief this receipt is not in Green's writing, but the body of it is—I have to attend round all the warehouses, to see that the business is carried on properly, and I also check the outdoor-expenditure—I had supervision over Green—I could order him to do anything—I have never done so—I know his writing by seeing it in the books—I saw these invoices about two months ago—I fancied they were Green's writing directly—either Huggett or Foulger showed them to me—I did not know where they had been obtained—they asked me if I knew the writing, and I said directly I thought it looked very much like Green's—I looked at it closer, and felt sure of it, and I feel sure now. Cross-examined by MR. SEYMOUR . Is this the first time you have been called? A. Yes—I see the words "March 9" on the receipt, and the figures "64" also "W. F."—I should not like to speak to the figures—I should say the "W" is not in the same writing—books are here containing Green's writing, but I have not looked at them. STEPHEN RAGGETT . I am a ginger-beer manufacturer, of 59, Collier-street, Pentonville—I purchased sugar from Ivermee down to September, 1864; it was in loaves—I paid him 50 s . a cwt. in August and September—that is rather above what I have been paying; I bought some at 49 s —it was the best sugar that I generally have—I was only subpoened yesterday. Cross-examined by MR. SEYMOUR . Q. When did you first deal with Mr. Ivermee? A. In 1859—I am in a small way of business—I require sugar in my trade—I bought the sugar from him, he being a grocer, and dealing in lump sugar, and I wanting it for manufacturing my ginger-beer—I have bought loaf sugar from other grocers besides Mr. Ivermee—these were ordinary business transactions; there was nothing in the price which I gave to rouse my suspicion; it was the full price at the time. MR. GIFFARD . Q. How do you mean the full price, I suppose you did not get it of other persons at that price? A. I could have bought it at the same time for less; it might not be quite such a good quality; of course I wanted to get it as cheap as I could. IVERMEE received a good character. GUILTY . GREEN — GUILTY . PHILLIPS — NOT GUILTY . 559. SAMUEL JOHN PHILLIPS (46) , and JOHN GREEN (35) , were again indicted for Stealing 1,000 lbs. weight of sugar, 100 loaves of sugar, and 1,800 lbs. of sugar, the property of Robert Holdworth Carew Hunt and another, their masters, and WILLIAM IVERMEE (40) , Felo niously receiving the same. ( See pages 29 and 72). MR. POLAND conducted the Prosecution , MR. DALEY defended Phillips MESSRS. KEMP and MOIR defended Ivermee. JOHN WALLSBY . In 1862 I was carman and driver in the employment of MR. COLES , a carman—on 7th June, 1862, I find an entry in my delivery-book of "ten cwt. of refined, B quay," to Mr. Ivermee—Sheffield was the carman to deliver it—I made out this delivery order for it, and gave it to Sheffield to take with the goods to Ivermee—this entry, on 12th July, 1862, is written by Donaldson, a foreman; it is for sixteen cwt. loaves, from B quay, to Mr. Ivermee—Sheffield was the carman—this cart-note ( produced ) is in Donaldson's handwriting—he is dead. CHARLES SHEFFIELD . I am a carman—I was formerly in the employ ment of Mr. Coles; I have left his employment about eighteen months—I very often went to Brewers'-quay for loaves of sugar—on one occasion I remember taking some tea to Ivermee—he said he wanted some loaves up the first thing in the morning from Brewers'-quay—he gave me a closed envelope, and told me to take it down to Phillips' warehouse—I took it to Mr. Coles; he told me to take it to Phillips, and he would give me the loaves—he said the delivery order was lodged with Phillips—next morning I went to Brewers'-quay, and took this envelope to Phillips; he was in the sugar warehouse—I got the loaves and went to Mr. Coles' office, got a note, and then took the goods to Ivermee—I saw Green running about the ware-house—I did not see where Phillips went after I gave him the envelope; I went away to my cart—I got a weight-ticket from one of the men who was at the scale—it was a printed note, like this, with "Brewers'-quay" on it—when I went to Ivermee I had a printed document like this—Ivermee signed it; I should not have delivered the goods without his signature—I have often gone down to this warehouse for loaves, and taken them up to Ivermee and different people—I can't say how many times I went to Ivermee's from Brewer's-quay; rather more than five or six, I dare say—I have seen Phillips and Green at Brewers'-quay—I have once or twice taken a paper or envelope from Ivermee; I have given them to Mr. Coles, and he has given them to me again—I sometimes gave the paper to Phillips, and sometimes to Green—have been there with regular delivery orders—I have not been into the office to get them marked when I have had them for Ivermee, but for other persons I have—I can't say that I remember this particular note ( produced )—I remember carting 100 loaves and also sixteen cwt—sometimes Ivermee gave me 2 d . to get beer with. Cross-examined by MR. DALEY . Q. Are you in any employment now? A. Yes, as a labourer to a Mr. Base—I have been there three weeks; before that I was a month doing nothing—I left Mr. Coles' because he had such a bad horse to drive—I then went to Seward Brothers; I left there on my own account—I was receiving 1 l . a week; I got blamed innocent for some things, and I did not like it, so I left—while I was doing nothing I saw the detectives—Mr. Foulger came to me first; he asked me about those sugar robberies, and whether I remembered going to Mr. Ivermee—I remembered it at once—he the asked me if I knew Phillips, and whether I had taken a letter—I knew Philips when I saw him in the dock at the Mansion-house; I don't know whether I knew his name; I did afterwards—Green answered to the name of Phillips as well as Phillips—I took a note to Phillip?, and I said, "Which is Phillips?" and they said, "He is down in the warehouse," and I gave it to Green—I can't say when I gave the note to Phillips—I did not know there was any thieving going on at this time; if I had not thought the order was lodged, I should have taken the paper into the counting-house; it was a letter or paper; it was sometimes an envelope and sometimes a paper folded up—I bad not given any thought on the subject until I saw Foulger—he said I was to get my expenses, nothing more—I think I am to be paid for this business; I don't know what I shall get; I have lost several days—I had been making inquiries after Green—I was not looking after Phillips—I wanted to find out which one I gave the note to—I went down to Stepney; that was about a fortnight or three weeks ago—I had a detective with me when I was looking for Green. MR. POLAND . Q. When you went to the Mansion-house did you see Ivermee and Phillips there? A. Yes—I pointed out Phillips as one of the persons that I had seen at Brewers'-quay—Green was not in custody then—when I saw him afterwards I recognised him—I went to Brewers'-quay on a great many occasions. COURT . Q. Did you in every case give the note or envelope or paper that you brought from Ivermee to Mr. Coles before you took it to Brewers'-quay? A. Yes, and then I received it back from Mr. Coles, and took it down next morning—I am cure whatever it was I always gave it to Mr. Coles first. EDWARD SAYRE . I have looked at an entry in the delivery order-book of 7th June, 1862, and at the cart-note and counterfoils—the cart-note is torn out—I find no such transaction in the delivery-book as 1,800 lbs of sugar, to Ivermee—there is no reference to it in the cart-note-book—I find no entry in the delivery-order-book of a transaction on 12th July of 100 loaves of sugar—there is a blank counterfoil with the commencement of Mr. Coles name—the date before and after the blank is 12th July—there is no entry in the book of Ivermee or Coles—Phillips was there on 7th June, and 12th July, 1862—there is no entry in the returns made by Phillips on either of those days, of either of these transactions, to Ivermee—in the aggregate the delivery orders would correspond with the entries in the delivery order-book—I believe this "Coles" to be Green's writing—the person delivering would copy the delivery-orders into the delivery-order-book—the book would be open at the warehouse, accessible to Phillips—he was head fore man. Cross-examined by MR. DALEY . Q. He had the general superintendence? A. Yes—Holman would take orders, Green would not—Holman was mostly in the small office in the warehouse—I have seen Green there taking orders—we had not as many as fifty carts at our place at once in 1862—1,262 tons of sugar passed through Phillips' warehouse in 1862—there was no other sugar in the place—a man might easily walk round the floors in a quarter of an Lour or twenty minutes and see what was going on—Pudney attended more to cheese—that was in the same warehouse, occupied by Phillips—no charge was made against Phillips about cheese—there was a mistake about it—a man named Foley might take in orders—I have known him do so—I believe Cave once took orders, some time ago—they were authorised to take them—I mean, take orders from the carmen—of course Phillips could not be always there—some of these label-notes are in Phillips' writing, signed by him, and made out by him—he had to get his information from his assistants, and from the books—what they told him he would put down there—it was his place to see the books himself, and not to rely upon other person—he could verify the returns they gave him by the books—the books are made up from the delivery-orders—it would be impossible for him to know all the sugar that went out—we have had 4,000 tons in at a time—I should imagine 200 tons was the average at any one time—if he suspected anything wrong; he must take stock—if we saw 1,000 tons of sugar on our books for a twelvemonth, we should go and see if they were in the warehouse—100 loaves would be missed by a man who superintended the sugar—a man doing his duty ought to miss 100 loaves—the sugar is pile! up several tiers high, on boards—taking 100 loaves would make a considerable gap—in the regular way Phillips would see the men load every cart that went out—he ought to be at the loophole, there is only one loop-hole. Cross-examined by MR. KEMP Q. Did other persons make out these cart-notes besides Green? A. Sometimes—they were made out by him in July, I 1862—I would not say that be made out all the cart-notes then, the majority of them—"J. F." is Foley, I suppose—if the goods were going by rail, the cart-notes would be made out to the carriers, to Chaplins, not to Coles—his was home trade—we assume they go to the caariers whose names appear, that is all we have—if two loaves were taken from one parcel, and three from another, they would not be missed—it would be impossible to miss them. JURY . Q. How many loop-holes have you? A. A great many, five, I think—we usually only load from one at a time—there is one floor for sugar and one loophole to that floor—there was no press in 1862—we had no sugar, except in Phillips' warehouse—it was rather below the average in 1861 and 1862. MR. POLAND . Q. Just turn to that delivery-book and tell me how many deliveries of sugar there were on 7th June. A. Seven deliveries—that would be in the aggregate—on 7th June, 1862, there were eight separate deliveries of sugar from Phillips' warehouse—on 12th July there were six—it would be Phillips' duty to look after the other men, and see that proper delivery orders were brought to the warehouse, and proper entries made in the books—they ought to deliver 100 loaves of sugar in a quarter of an hour—of course it would depend a good deal upon how the sugar laid, how near it was to the loophole—it would be carried to the scale, weighed, and then handed down to the van. JURY . Q. Was the sugar that was missing all taken from one bulk, all in one warehouse? A. That we can't say—if they were taken from different parts, they would be marked differently, some would have one merchant's mark on them and some another—there is no time allowed for dinner or break fast, they get it when they can—Phillips had to be at the warehouse at 8 in the morning. The former evidence of Joseph Huggett and T. H. Foulger was read over to them, to which they assented, and Huggett added : I took this paper ( produced ) from lvermee's place (read:—"Sheffield, servant to Coles, deliver 120 cwt. of loaves from Brewers'-quay for Mr. Ivermee.") JURY to CHARLES SHEFFIELD . Q. At what time in the morning did you go? A. Ata little after 8, and went away about half-past 9. COURT . Q. Did Coles open the envelopes? A. If they were directed to him—I showed Coles the envelopes over-night which were directed to Phillips before I went for the goods—if Coles' name was on it, he opened it—if it was directed to Phillips, he gave it to me again, and I took it to Brewere'-quay—I have twice received a sealed envelope addressed to Phillips, which I have delivered to him without its being unsealed—I have three or four times received wafered or gummed envelopes from Ivermee directed to Phillips—I gave them to Mr. Coles, and he has given them to me back again, and I have taken them to the sugar-floor to Phillips, and given them to him or to Green—I am sure Coles has not seen the inside of them. JURY . Q. At what part of the warehouse were Phillips and Green when you gave them these notes. A. Phillips was just against the little office upon the sugar-floor; there was no one near when I gave him the notes—the office is on the sugar-floor—Green sometimes answered to the name of Phillips, and then I used to give him the note, and he has said, "I have seen Mr. Ivermee; all right; put them into the cart"—no one else but Green an swered to the name of Phillips—the notes were addressed to Phillips, and not to Phillips' warehouse—I received the notes from Mr. Ivermee the evening previous, and on each occasion I gave them to Mr. Coles, my master, but ho did not break them open unless his name was outside—I left them with him, and received them back again next morning still fastened—I can just read writing a little—I should not mistake Mr. Phillips's name for Mr. Coles'. JOHN COLES ( re-examined ). Sheffield brought notes and papers from lvermee to me, but only what were directed to me—they were not in envelopes, but just folded up—I may have received one order from Ivermee through Sheffield—it was not seated or closed—I saw no notes addressed to Phillips in Sheffield's hand—he never handed me such a note, and I never gave Sheffield an order in 1862 at all—I did not give the orders out myself—a man named Donaldson gave them out in the morning, and I used to sit up at night to take them in—it is wrong to say that these particular documents were handed to me. JURY . Q. Did you receive any of these letters addressed to Mr. Phillips? A. Never; Sheffield never brought me any notes which were not addressed me; never any addressed to Phillips—Donaldson used to come in the morn ing, and go home soon of a night—I gave him the orders in the morning; I did not give them out to the men myself. PHILLIPS and GREEN .— NOT GUILTY . IVERMEE — GUILTY 560. SAMUEL JOHN PHILLIPS and JOHN GREEN were again indicted for a like offence, and WILLIAM IVERMEE with feloniously receiving. MR. POLAND conducted the Prosecution, and MR. DALEY defended Phillips. CHARLES JOHNSON . I am a beershop-keeper in the East India-road—in 1863 I was foreman to Mr. Cole, a carman—I have an entry in my own writing on 12th August, 1863: "11 cwt. refined, to Brewere'-quay"—Wil liams is the name of the carman—this cart-note ( produced ) is in my writing—on 30th December I have an entry in my writing: "17 cwt. refined,. Bryant, to Ivermee's account"—Williams was the carman—the cart-note is made out on one of Mr. Cole's forms in my writing for Bryant. GEORGE WILLIAMS . I live at Bishop's-court, Clerkenwell, and work for Mr. Day, a carman—I was in Pope's service last autumn—I know Ivermee; he is a grocer in Caledonian-road—I have gone to Brewers'-quay on a great many occasions for sugar, which I have taken to Ivermee and other persons—I have seen Phillips and others at Brewers'-quay—I have seen Green—I have taken a sort of envelope from my master to Cole—I have never got any from Ivermee—the envelopes were directed to Phillips' warehouse; I delivered them there, and told Phillips that I had come for sugar for Mr. Ivermee—he told me to go out and wait my turn, and I waited, and drew up my cart, and took in the sugar—I had no delivery-order to take into the counting-house to be counter-signed; I had on some occasions, but I cannot say the dates—I used to go between 8 and 4; I have sometimes been kept waiting all day—I used to have similar notes to these ( produced )—Mr. Ivermee signed them when I delivered the sugar to him—I delivered a barrel to Mr. Bryant, and got it signed for—printed cart-notes similar to these, used to be put under the string of the last loaf of sugar that used to come down. Cross-examined. Q. Have you been many times in the warehouse? A. Yes; Foulger came to me about this form. THOMAS BRYANT . I am a grocer of Kentish-town; I know Ivermee—I was in the habit of buying sugar of him in 1863—on 30th December, 1863, I bought a hundred loaves of sugar, weighing 16 cwt. 2 qrs.—my wife signed this note—I received this cart-note with it—when I received sugar from Brewers'-quay, Ivermee sent for it afterwards, and I have given him up some of the printed cart-notes which I received with it—I kept this one by mis take—when I had goods not through Ivermee the notes were left with me—I have bought sugar of Ivermee for about three years and a half—I have had a good deal of sugar from Brewers'-quay which I bought of him. EDWARD SAYRE . In this delivery-book of 12th August, 1863, there is no entry of 11 cwt of refined, to Ivermee—there were eight deliveries of sugar that day—Phillips was at the warehouse on the 11th, 12th, and 13th—I have looked in the counterfoils of the cart-book, and there is no record of the transaction, nor is there in this book of 30th December any notice what ever of the delivery to Ivermee or Bryant; there were six deliveries on that day—there is no notice of the transaction in the counterfoil of the cart-book—Phillips was there that day—the cart-note of 30th December is on one of our forms; it is signed by Green; it is rather different from his usual signature, but it is his writing—it was Phillips' duty to superintend the delivery of the sugar, and if he noticed a blank counterfoil to inquire what had become of the other part—he came at 8 in the morning, and stayed till 4, 5, 6, or 7, according to when the work was done—he had his breakfast before he came, and his dinner was brought in to him, so that he was always there to superintend—Green kept the book, and Phillips walked about and attended to the delivery; if an owner sent an order, he was to take care that the delivery was made from that owner's stock, and he or Green would point out the stock. Cross-examined. Q. Do you know that Phillips broke his leg on 23d May, 1863? A. Yes; I find he was away from the last week in May to the 24th July—I did not put this robbery in the indictment on 23d July; I am not a lawyer—I believe his leg was quite strong when be came back; I paid him from the club while he was away—I suppose Holman would take his duty while he was away, but Saunders has the general superintendence of the whole warehouse—I should be very sorry to impute anything to Sauuders—he would not know if there was a great deal taken away, as he had the supervision of all the other warehouses—he is the inspector of labour, and has to walk over all the premises—Holman, I presume, would be in charge I of the place in Phillips' absence, and see to the deliveries after the orders were countersigned. JURY . Q. How many floors was the sugar on? A. Only one, I think; but the inspector knows—Phillips had charge of the cart-notes—the orders would be examined in the counting-house, but not the cart-notes—they are carried away by the men who take the goods, and there would be no record of it; we trusted to the honesty of Phillips—it is not usual to examine the cart-notes, but we examine the delivery orders each day—they are taken to the counting-house, and examined next rooming—delivery-orders sent to-day would be taken into the counting-house to-morrow—the foreman is instructed to deliver the goods, but before that he should copy it into the book, and make out the cart-note, and the counterfoil should be a copy of it. MR. POLAND . Q. In this book do the counterfoils agree with the delivery-book? A. Yes; but we might not notice if one was torn out in the centre. The evidence of John Huggett and Theodore H. Foulger was read over to them; to which they assented. CHARLES ROGERS SAUNDERS . I am warehouse superintendent at Brewers'-quay—these five invoices are, to the best of my belief, in Green's writing except the receipts—in Phillips' absence it would be the deputy-foreman's duty to attend to the delivery of sugar; it is not my duty—the most floors occupied with sugar were three, but only two, to the best of my belief, before last year—they would examine the delivery-order book to see that the order and the book agreed, but if there was no delivery-order we should not know that any sugar had been taken away—its absence made everything else futile. PHILLIPS .— NOT GUILTY . GREEN .— GUILTY .— Ten Years' Penal Servitude. IVERMEE .— GUILTY .— Seven Years' Penal Servitude. 561. SAMUEL JOHN PHILLIPS was again indicted upon three other similar charges, and also with a conspiracy to steal; upon all of which no evidence was offered. NOT GUILTY . 562. GEORGE WILSON (26) , Unlawfully attempting to steal the goods and moneys of William Scarborough . WILLIAM SCARBOROUGH . I live at Barking—on 6th April, between 1 and 2 in the day, I found my window broken close to the fastening, and saw the prisoner running away—I ran after him, and found him in a ditch—I said, "You have been trying to break into my house"—he said that he had not; he only went to do a job for himself—I said, "The woman next door saw you come out at the window—he said, "I have not been in the house; you can search me if you like"—I did not do so—he went back with me, and said going along, "I attempted to get in, but I have not been in, and I have not got anything, and I hope you will not give me in charge"—I gave him in charge—my window was not broken when I went from dinner. Prisoner. Q. Had I got my trousers undone in the ditch? A. No: you were sober—you did not say that you went to the back of my house for decency's sake—thera was a woman picking stones near my house, but she could not see you break the window, as there is a high hedge, and a bank, and a fence; nor could anybody see you from the road. MARY HAMMOND . I live next door to Mr. Scarborough—I heard a noise as if some one was passing open a window—I then heard it again, and then a third time, and there was a tremendous crash—I went round the back way, and saw the prisoner: standing against the back window with a small pen-knife in his hand, cutting out the putty from the pane which was broken—I asked him what he was doing: he said that he came in to the closet—I said, "You did not; here is no closet here"—he got over the fence, and went into the road—I gave information, and he was brought back. Prisoner. Q. Had I not got my trousers undone? A. No: you did not say that you had asked leave to go in, and could not make anybody hear. ROBERT CARR ( Policeman, K 302). The prisoner was given into my custody—he said that he went there to ease himself—I said, "That is a curious place"—he said, "If is no use, I went in there, and I meant breaking in there or somewhere else, as I was hard up"—he had this small pen-knife in his pocket. Prisoner. Q. Did not the prosecutor say, "I do not want to lock the man up," and did not you say, "If you do not, I will?" A. No: but his master said that if he did not prosecute you he would discharge him. GUILTY .—** Confined Twelve Months . Before Mr. Recorder. 563. MARTHA PRIOR (19) , Unlawfully endeavouring to conceal the birth of her child. MR. OPPENHEIM conducted the Prosecution. GUILTY .— Recommended to mercy by the Jury.—Judgment respited. 564. THOMAS DINAN (35) , and JOHN SIMPER (23) , Stealing I portmanteau, 4 pair of gloves, 5 petticoats, and other articles, the property of the South Eastern Railway Company , the masters of Simper. MR. CLARKE conducted the Prosecution, and MR. LILLEY defended Simper EDGAR RADLEY ( Policeman, R 212). On Sunday morning, 7th May, about a quarter-past 1 o'clock, I saw Dinan in the New-road, just by the railway, he said, "Hulloa, Radley, "I said, "Hulloa, Dinan, where are you going?"—he said, "Down to the railway-station to see the night-porter, Simper, about 8 d . I lent him a short time ago, to give a gentleman change for a florin"—he went over the bridge, and I went round my beat—at about a quarter to 2 I met him again in William-street, about 128 yards from the up and 320 from the down platform, walking towards his own home, away from the station—he had a portmanteau in his hand; I said, "Halloa, Dinan, what have you got there?"—he said, "I found this outside the railway-station, and am going to take it home till the morning"—I said, "You had better not do that, you had better come back to the station"—he hesitated for a moment or so, and then accompanied me back, and when within eighteen yards of the station door, on the down side, he put the portmanteau down and said, "That is where I found it, we will leave it there, and go and see the porter"—I said, "I will take charge of it now"—he said, "For Christ's sake, Radley, be a man, act square to me, let me take it home, and I will act square to you"—I took it up and said, "Dinan I will not, I will do my duty"—he pushed the door open, and walked in—there was no one in the station; he called out "Simper" but no, one answered—I called out, "Porter"—we then crossed over the bridge on the up side to the front office, calling out "Porter" several times; no one answered, and I said, "Come on, we will go down to the signal-box, and see if anyone is there;" we found Simper there; I said to him, "Do you know anything of this, "alluding to the portmanteau I had in my hand; he said, "Yes, it is all right, it belongs to a party at Shooter's Hill, and has to be delivered in the morning:" Dinan said, "Well, I found it outside the station:" I said, "Now, stop Dinan, tell the truth:" Simper said, "It is all right, I will show you where I left it about ten minutes or a quarter of an I hour before;" we then went to the bridge on the up side of the line where there was a large box standing, covered with white canvass with a red edging, just outside the cloak-room door, and Simper said, "That is were I left it, on the top of that box"—I said, "Well, I wish to see the station-master"—Simper said, "You will not see him to-night"—I said,—I shall see him before I leave here"—he said, "No, be d----d if you do;" I asked him where the station-master's room was, that I might call him, but he did not tell me; I said, "I shall not give up the property till I do see him"—Simper then seized the portmanteau and drove me into the ticket-office; we struggled four or five minutes; he got it out of my hand, and said, "You d—d scamp you are drunk, what business have you here"—they both then seized me, and I was bundled out at the front-door into the street—they closed the door and locked it, leaving me outside—I went to the police-station, and Serjeant Featherstone came back and called the station-master up, then we went down on the platform, and the station-master asked Simper about the portmanteau—Simper began telling him about 8 d . he had borrowed of Dinan—the station-master asked him whether he knew Dinan, and what he did there at that time of night—he said that he did not know much of Dinan, and came then to meet a friend by the midnight train—the station-master went with me to Dinan's house, 4, Whit worth-place; we knocked at the door, Dinan put his head out at the bedroom window, and the station-master said, "About this portmanteau, what do you know of it"—he said, "All I know is I met the constable coming out of the station with it, and as there was no one there but me, he turned round, put it on me, and said that I stole it"—I took him to the station; I received the port manteau from the station-master. Dinan. Q. When I met you at the station did not I say, "Radley what have you got there?" A. No; I did not say "I have been knocking at that door some time, and cannot get any answer from porter or anybody else"—after I brought you back with the portmanteau and you had put it down and I had taken possession of it, you said "Simper must be there." Cross-examined. Q. At what time did you meet Dinan with the port manteau? A. Twenty minutes or a quarter to 2—I do not recollect that Simper asked to look at the address—the address is still on it—he appeared to know the portmanteau; he did not say, "It was left in my charge"—he said that it had been left there till the morning, and that it would be delivered in the morning—I kept it my hand; he asked me to deliver it up, but I said that I should not till I had seen the station-master—I do not recollect that he asked me more than once to let him have it—the sergeant pointed out where the station-master lived; Simper did not say "He lives there"—I was not much ruffled at being put out of the station; it was Simper who tried to take the portmanteau from me; Dinan stood close by—Simper seemed ruffled at my not giving it up. JAMES LOWRY . I am a captain in the Royal Artillery, stationed at Wool wich—on 6th May I went by train, at 11 o'clock, from London Bridge to Woolwich—I had a large box covered with red edging, and this small portmanteau ( produced ), belonging to my sister, who was with me—when we arrived at Woolwich a porter carried it for me, I having ordered a cab to be there, but the cab was not there, and the porter could not get me one, so I left the luggage at the station with him—I think it was Simper, bat cannot swear to him—next morning Simper came to my house with the box—he asked to see me, and said that the portmanteau had been stolen from the station the night before, by a thief, but that it was at the station-house and he could not get it till Monday afternoon, and he was afraid of getting into a scrape, as he bad left the luggage outside the cloak-room, instead of putting it inside. Cross-examined. Q. Had you on former occasions left your luggage in charge of porters? A. Yes, but I do not know who—the luggage was safely delivered to me; I think Simper is the man with whom I left it, because when I gave him my address he said, "We had some luggage of yours before"—my address is, 4, Barrington Villas, Shooter's Hill. JOHN PLUMMER . I am a porter at Woolwich Arsenal Station; on the night in question on the arrival of the 10. 50 train from Charing-Cross it was my duty to attend to the luggage-van; I took out a portmanteau and box covered with canvass; took them to the front office, where the gent said that he had ordered a cab, but there was no cab there, and I could not get one, so I left the portmauteau with the gent , outside, and the prisoner Simper—I heard some communication between them that Simper should deliver the luggage in the morning—we brought it in through the office, and I assisted Simper to place it outside the cloak-room; that is inside the station on the bridge that leads from the down platform to the booking-office—it was not my business to put it into the cloak-room; Simper had the key of the cloak-room—I believe I last saw the portmanteau and box there about 1:2 o'clock. Cross-examined. Q. Had Simper charge of the key that night? A. I won't say—the station door on the down side has a spring-look, which opens inside—there is a wall which runs at the side of the door on the down side, but nobody could get in at any of the windows by that; it if about 2 feet 6 or 3 feet high from the platform; anybody could get over it, but from the cab-stand it is much higher—a person could not get over within the company's premises, he could only get into the cab-yard outside the station—there is a wall on the other side of the cab-yard about four or five feet high—if anybody put his shoulder to the door with force it might be forced open, unless it was double bolted. MR. CLARKE . Q. Had you left the premises? A. Yes, about twenty minutes to 2: I closed the door and applied my hand to it as usual to see that it was fast—Simper only was left in the station then, I believe. JURY . Q. Are there folding-doors? A. Yes; I bolted the top and the? bottom, but cannot say whether both doors were bolted—I closed it by the spring-lock, and pushed it; if it had not been bolted I think it would have sprung open—simper was left on duty then—it was his duty to be at the signal-box after all the passengers were out, and I believe it was his duty to see to the fastenings of the door after I left. JOHN BROWN ( Police-inspector, R ). On the morning of 7th May, about 2 o'clock, I went to Windsor-terrace, Plumstead, where Simper lives, and told him I should have to take him to the station and charge him with being concerned with Dinan in stealing a portmanteau—he said that he knew he did wrong in acting as he did towards the constable, but that he had no hand in stealing the portmanteau. CHARLES BARTHOLOMEW . I am station-master at Woolwich Arsenal—I let Dinan and Featherstone into my house that morning, and then went to the signal-box with two constables, and saw Simper there, that was about 3 o'clock—I asked him if he knew the man who the constable brought to the station just now, he said that he did not know much of him, his name was Dinan—I asked him what his business was at that time of the morning—he said that he had borrowed 8 d . of him to give a passenger change, who had come by the train, and had come to pay it, and that the portmanteau belonged to a gentleman at Shooter' a-hill, who had left it with a box to be delivered in the morning—I went with Featherstone to Dinan's house, knocked at the door, and when Dinan put his head out at the window, I said, "What about that portmanteau"—he said that he was going to the station for 8 d ., which he had lent Simper, and just before he got to the station he met the constable with the portmanteau, coming from the station—I said, "This is a very strange story ": he said, "Had I better come down?": I said, "Yes, you had," and we walked together to the police-station—I had left the station soon after 10 o'clock, I have an inspector there—Simper was night watchman, he comes on duty at 8 o'clock, and from 8 till the last passenger-train comes in, he is office-porter—the last tram arrives at 1 o'clock, it is then his duty to lock up the station, and then go down to the signal-box and take care of the switches. Cross-examined. Q. How long has Simper been attached to the station? A. Three and a half years, he has been five years in the Company's service; I always considered him an honest, steady, and trustworthy man—he had charge of the luggage till after the passengers were gone. Dinan's defence. I met the constable at the door, he said, "Here, I have just picked this up outside here; I have been calling and cannot make them hear." I said "Go in, the door is on the jar;" we went in and went to the signal-box and saw Simper, who said that it belonged to a gentleman at Shooter's-hill, he took it and placed it on the box again, saying, "That is where it must have been taken from, for it was never outside." He said I met a man with it in Bull's-fields. I said, "Where is the man?" He said, "You are the man, and you know it" I turned and abused him; he forced the trunk from Simper's hand. I did not interfere, and Simper without any aid put him outside. He then unlocked the door and I went home. The Prisoners received good characters. DINAN , GUILTY .— Confined Eight Months . SIMPER , NOT GUILTY . 565. WILLIAM PESCUDE (30) , was indicted for embezzlement. MR. SHARPE conducted the Prosecution. EDWIN CHADWELL . I am a butcher and grocer of Plumstead-common-road—the prisoner was in my employment four or five months at weekly wages—it was his duty to take out my goods to customers and receive payment, for which he was to account to me on his return in the evening—on 6th March he accounted to me for 8 l . received from Mrs. Fryett—on 13th March for 5 l .; on 20th March for 9 l .—I entered the account each time from what he told me—he left me on 5th April—he never gave me any further information about Mrs. Fryett, or accounted to me for any other sums received from her. LYDIA FRYETT . I am the wife of William Henry Fryett, a joiner, of Henry-street, Woolwich, and keep a grocer's shop—the prosecutor supplied me with goods, which the prisoner was in the habit of bringing—on 6th March, I paid him 9 l . 2 s . 6 1/2 d .; on 13th, 5 l . 8 s . 3 1/2 d .; and on 20th, 9 l .10 s .4 d .—and he gave me these receipts—he signed them in my presence. JAMES JENNINGS ( Policeman, R 131). I took the prisoner into custody—I told him it was for embezzling various sums of money of his master—he said it was a bad job. Prisoner's Defence. I paid Mr. Chadwell the different accounts when I came home; I used generally to pay him on the counter; when three or four customers were in the shop, he sometimes omitted to put it down, sometimes he put it down on a piece of paper and did not make it paid in when I looked at it down he had omitted two, and he has done the same on other occasions. EDWIN CHADWELL ( re-examined ). It was the prisoner's duty to pay me all he received—I was not aware of his keeping any back—I never omitted to, put down any sums—he has never called my attention to such a thing—I was not in the habit of entering the sums on pieces of paper—I made the entries in my book at the time—this is the book ( produced )—I have no other book in which I entered the sums received—this has not been written all at one time, but as I received the sums—( The JURY expressed their opinion that the entries in the book were evidently all written at one time. ) NOT GUILTY , There was another indictment against the Prisoner for a like offence upon which no evidence was offered. NOT GUILTY . 566. MARK FORTUNE (27) , Feloniously assaulting William Sargent , with intent to rob him. MR. SHARPE conducted the Prosecution. WILLIAM SARGENT I am a clothier at 54, Wood-street, Woolwich—on Saturday night, 8th April, shortly before 12 I was walking about half-way between Greenwich and Woolwich—I met two marines, coming up in the middle of the road—when they saw me, they spoke and separated—I attempted to pass between them, when they both caught hold of me by the throat and coliar—I had passed a policeman just before—I told them there was a cons table very close by—we struggled for a moment or two, till we got on the bank, they got me down on my back, and the policeman then came up—they were holding their hands over my mouth, and holding my throat—I do not remember that they put their hands in my pockets—I was struggling all the time—as soon as they saw the policeman, they made some remark and decamped, the prisoner taking the marshes on the river, and the other going inland—the policeman followed the prisoner—I was called up on the Sunday morning, 9th April, between 3 and 4, to go and recognise the prisoner amongst, I should think, half a dozen others—I was asked whether I could select two, but I could only identify the prisoner positively—I am quite sure of him. Prisoner. I had been drinking very hard all that day; I caught hold of the gentleman by the collar for a bit of fun, and we tumbled on the bank, he said a policeman was coming and we ran away. JOHN TENT Policeman, R 85). Shortly before 12 on the night of 8th April, the prosecutor passed me on the road between Greenwich and Wool wich—shortly after that I heard a cry of "Police!"and saw two soldiers and the prosecutor—he was on his back across the bank—he exclaimed, "Here comes the policeman,"and the prisoners ran into the road—one went to the right hand side, and the other to the left—they jumped over the bank—I followed the prisoner, but was not able to catch him—I saw the prosecutor identify him the next morning at the barracks. GEORGE REEPER . I am a colour-sergeant-of the royal marines at Wool wich—on Sunday morning 9th April the prisoner was absent from barracks—he returned at half past 1 in the morning, covered with mud—he was quite sober—Masters, the other man, came in about two hours after the prisoner—he was sober also. Prisoner's Defence. I am very sorry it happened, I have been eight yean in the service without any charge being made against me. NOT GUILTY . The Court ordered a fresh Bill for an assault to be preferred against the Prisoner to which he subsequently PLEADED GUILTY .— Confined One Month . 567. MARTIN GLYNN (22) , to Stealing 1 watch, the property of William James Stokes , from his person, also to a former conviction of felony, in April, 1861.**— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.] 568. EMMA DAVIS (16) , MARY ANN BUCKWELL (17) , and EMMA WILSON (17) , to stealing 50 yards of printed cotton, the property of John Stone , Wilson and Buckwell also PLEADED GUILTY to former convictions in September, 1864.— Confined Twelve Months each . DAVIS — Con fined Six Months . [Pleaded guilty: See original trial image.] 569. JAMES ROACH (25) , to stealing 6lbs. of beef, the property of William Pembroke .— Confined Three Months. [Pleaded guilty: See original trial image.] 570. ELIZABETH KENSETT (21) , to stealing 1 shift, 2 table-cloths, and 2 towels, the property of James Young .— Confined Four Months. [Pleaded guilty: See original trial image.] 571. ELIZABETH GALLIVAN (42) , to feloniously marrying John Gutteridge , her husband being then alive.— Confined Two Days. [Pleaded guilty: See original trial image.] Before Mr. Common Serjeant. 572. GEORGE CARPENTER (32) , Stealing 1 bag, 3 shirts, 1 chain, and 1 scarf, the property of Samuel Woolley . MR. HORRY conducted the Prosecution. SAMUEL WOOLLEY . I am a labourer, living at Ealing-terrace, Eltham—I know the prisoner, he lodged with me upwards of two years—on Tuesday morning, 18th April, I left home to go to my work as usual—I left my wife at home, and the prisoner—I had a box and a carpet-bag belonging to me, which I left in the house, and also three shirts, a blanket, a counterpane, and other things—I returned about seven in the evening—my wife and the prisoner were gone, and the box, carpet-bag, shirts, and other things also—there was also a chain and a scarf—some of the property was afterwards shown to me at Merton. Prisoner. I did not take any of the things. JOHN BOWDEN ( Policeman, V 243). I have known the prisoner about sixteen years—I have a house at Merton—on Saturday, 22d April, he came there with the prosecutor's wife, and they lodged with me till the Thursday following as man and wife—the prisoner told me had been married about five weeks—he brought a carpet-bag, which was afterwards owned by the prosecutor—he came to my house on the Thursday, the 27th, with Peters, and identified the woman as his wife—I took a scarf from the prisoner's pocket at the police-station which the prosecutor identified. EDWARD PETERS ( Policeman, V 94). I have known the prisoner several years—on Monday, 24th, I saw him in Church-street, Wimbledon—I bad received information from the prosecutor—I went to Bowden's house—I took the prisoner at West Barnes—he said that Mrs. Woolley would not live with her husband any longer, and he thought he might as well have her—these things ( produced ) were found in the room where they were living. SAMUEL WOOLLEY ( re-examined ). This bag is mine, and all the other things, and it is the property that I missed. Prisoner's Defence. The woman brought the things away herself; I did not know what what in the bag; I did not bring anything away from the house; she packed them in the bag herself. NOT GUILTY . 573. HENRY OVERALL (20) , Feloniously having in his possession 6 counterfeit florins with intent to utter them. MESSRS. O' CONNELL and CLARK conducted the Prosecution, and MR. M. WILLIAMS the Defence. ANN FLAXMAN . I am the wife of William Flaxman, of the Oxford Arms, Duke-street, Lambeth—about two months ago I saw the prisoner there, he asked for a pot of beer in a can, and gave me an address 35, Duke-street, he gave me a half-crown and I gave him 2 s . 3 d . change—I gave the half-crown to Mary Ann Stevenson. MARY ANN STEVENSON . I live with my father who keeps the Oxford Arms—about two months ago the last witness gave me a half-crown—I gave it to my father—about ten minutes afterwards I saw the prisoner and saw him again a fortnight after that with a policeman—I then pointed him out to my father. Cross-examined by MR. WILLIAMS , Q. What is the last witness? A. My aunt, she receives money in the bar. JAMES STEVENSON . I am landlord of the Oxford Arras—about two months ago my daughter gave me a half-crown, about ten minutes after wards I saw the prisoner and challenged him with passing this half-crown, he said that he was not aware it was bad and returned the change—I said in consequence of me and also my wife not being well, he might think him self lucky that I let him go, and I let him go—I kept the half-crown—I threw it on the fire but instantly took it off again, and it left a mark on it—I gave it to l . 126.—I saw the prisoner three weeks or a month afterwards passing by, handcuffed. Cross-examined. Q. Had you seen the person who passed the coin again till you saw this man go by handcuffed? A. No. THOMAS HOUGHTON ( Policeman, L 115). About a quarter past twelve on the morning of 7th April, I was in Blackfriars-road, and saw the pri soner with another man and woman, I pointed them out to L 177 he fol owed them, and I stopped them, they were not taken then—I and L 177 went to a pent-house, 39, New Cut, where they had passed and found these five florins ( produced ), two out of paper and three in, wrapped singly—I then spoke to L 126 and went back to the pent-house and found another florin—I then went to the station and the prisoner was there in custody—I told him he was seen to throw these under the pent-house, he said he did not know anything about them. EDWARD DAWSON ( Policeman, L 117). On the night of 6th April I saw the prisoner in the New Cut with a man and woman—I saw the prisoner throw away a parcel of some kind under a pent-house in the New Cut, I heard it rattle—I told l . 115 and went with him to the pent-house, I saw him find five florins, three wrapped in paper. Cross-examined. Q. How far were you off from the prisoner at the time you say he flung the parcel? A. I should think about five or six yards. MR. O' CONNELL . Q. What sort of light was there? A. Quite light enough for me to see him quite plain—the pent-house runs right up to the street. WILLIAM MULLINS ( Policeman, L 126). In consequence of information from Houghton, I took the prisoner into custody for haying counterfeit coin in his possession, he made no reply, he pretended to be drunk—I received from Mr. Stevenson this half-crown ( produced ). WILLIAM WEBSTER This half-crown is bad, the florins are also bad. GUILTY .—†* Confined Eighteen Months . 574. WILLIAM MITCHELL (17) , Unlawfully uttering counterfeit coin. MESSRS. O' CONNELL and CLARK conducted the Prosecution. ELIZABETH PINDER . I am employed at 18, Little Gilbert-street—on 24th April the prisoner came in for a quarter of an ounce of tobacco, and gave me a florin, I put it in the till, there was no other florin there—I afterwards took it out and gave it to Mrs. Vincent; some days afterwards the prisoner came again, asked for half of an ounce of tea and gave me half-a-crown—I recognised him, called my mistress into the shop and gave her the half-crown—the prisoner was taken into custody—the florin was put on the mantel-piece—Mrs. Vincent took the half-crown to the station—I saw the coins both marked—these ( produced ) are marked in the same way. MARY VINCENT . I keep a general shop at 18, Little Gilbert-street—I re ceived a bad florin from the last witness on a Monday, and some days after wards a bad half-crown, 1 took that to the station and gave it to the police, it was marked before I gave it up, this is the same—I put the florin on the mantel-shelf after it had been marked at the station. ROBERT LEATHER ( Policeman, M 98). I took the prisoner on 28th April about six o'clock, I got this half-crown from the last witness at the station, it was marked by the inspector in my presence, the florin he had previously marked—the prisoner had three keys and a small bag on him—I told him he would be charged with uttering these two pieces, knowing them to be bad, he said he was at the Spring Meeting on the Monday and Tuesday—I saw him on Tuesday between six and seven in the evening in the Mint, with two other lads—I don't think the Spring Meeting is on the Monday. WILLIAM WEBSTER . This half-crown and florin are bad. GUILTY .— Confined Twelve Months . 575. ROBERT WEAR (36) , Feloniously forging an order for the pay-ment of 14 l . 7 s ., with intent to defraud, second count , uttering. JAMES ALFRED MOORE . I keep the Globe at Greenwich—I know the prisoner—about 10th or 11th March he brought me this cheque ( produced ) and asked me if I would do him a favour, as it was after bank hours, would I give him change for it, I said I had only 5 l ., he said that that would do to carry him on for two or three days, till he could call for the balance—I gave him 5 l ., and two days after that he sent a man to ask me not to pay the cheque in, I paid it in, and it was returned with "no account, "the prisoner never came to roe for the balance, he wrote to me to say that he had gone to Reading, I don't know his writing. THOMAS BERRIDGE . I am a clerk at the Bank of London, Charing Cross Branch—this cheque was presented to me for payment and I marked it "no account"—no person named Pawson has an account there—I believe the prisoner to be the Robert Wear who had an account with us some time ago, he had a cheque-book furnished to him then—I believe this is one of the cheques out of that book ( read : "3d March, 1865, cheque drawn by Pawson on the Bank of London, for 14 l . 7 s ., payable to C. Hamilton.") The prisoner in his defence stated that a man named May who also went by the name of Pawson, had given him the cheque in payment of a debt. JAMES ALFRED MOORE ( re-examined ). I had known the prisoner pre viously, I should not have been willing to lend him the money without any security—I told his wife I would rather have given him a sovereign if I knew they wanted a dinner. GUILTY on the second count — Confined Twelve Months . There was another indictment far forgery against the prisoner. Before Mr. Baron Bramwell. 576. FRANCES FANNY CLARK (20) , Was indicted for and charged on the Coroner's inquisition with, the wilful murder of her new-born child. MR. R. N. PHILLIPS conducted the Prosecution, and MR. SLEIGH the Defence. GUILTY of endeavouring to conceal the birth. — Confined Eight Months . 577. RICHARD HAVILAND (59) , Was indicted for and charged on the Coroner's inquisition with the wilful murder of John Davis . MR. ORRIDGE conducted the Prosecution, and MR. LILLEY the Defence. RICHARD NEWMAN . I am a labourer and live at 5, Brittannia-place, Hatcham, New Town—in October last the prisoner lodged with me, the de ceased Davis, and a man named Bailey also—they were all labourers, work ing on the rail way—on Saturday night, 29th October, I was in my room I with my wife, Bailey and Davis came in, they had half a gallon of beer—Bailey said to ray wife that wherever he lodged before, his landlady had always paid for a pot of beer—she said, "I do not mind being a pot to your pot, "they sent for the beer—the prisoner and his wife came in—I offered the prisoner a glass of beer—Bailey jumped up and said, "I helped pay for that and he shall not have any"—I said, "What is the reason?"—he said, "There is a reason, he shall not drink any of it"—the prisoner said, "Perhaps when this is out the landlord and I can have a pot together"—Bailey said, "I do not say muck about that"—when the beer was out, the prisoner and I sent for another pot, and while drinking it they kept falling out about the beer—the prisoner struck at Bailey and Bailey struck at him again, and caught him on the jaw and fell down in front of the bar, saying, "Oh, my jaw is broken, is there no one that will help me"—I said, "I will not have such a disturbance in my house"—Davis sat in a chair against the window and never interfered at all—the prisoner got up and took the poker to strike Bailey across the head—my wife caught hold of it and said, "I will have none of this work"—I took the poker from his hand and put it down—the prisoner and Bailey shook hands after that and drank to gather, and said that they were very sorry for what had happened—Bailey went and sat against Davis who was asleep, and while there the prisoner stood out in the room and was talking a little to his wife, and went out and came back again and stood behind Davis, and I saw his hands come down two or three times sharp, and I saw the blood pour straight out of Davis's head—the three blows came across Bailey's head—I jumped up and said, "Good God, what is the matter?"—I saw Newman map the poker out of the prisoner's hand—Bailey got up and was going to strike me, thinking I had done it, as I stood behind him—the prisoner was then just going out at the door—Bailey ran to the door and called him—they had a fight at the door—I shoved them both out of doors, they came in again and were fight ing in the passage—my wife and I got between them and I got the prisoner into the room—he was drunk and could not walk without staggering—Bailey had had too much beer, but was not so much drunk as the prisoner, Davis was much the same, but he had not been in my house, he interfered with nobody—my wife washed and dressed Davis's head—a doctor was sent for; the prisoner remained in his room all night; he was backwards and forwards for a week afterwards—Davis went to work two days afterwards—he was taken to the hospital on the Sunday week after this happened, and died on the Wednesday following—the prisoner came up and saw him before he left, and said, "Poor fellow, I am sorry to Bee him like this, I am sorry it happened, I will go to my ganger and draw a few shillings and give him to help him, "but he never came back any more—while the quarrelling was going on, the prisoner's wife began at Bailey about hitting her husband on the jaw and not letting him have the beer—Bailey said, "What has that to do with you, you Irish w—?"—that was said loud enough for the pri-soner to hear—it must have been twenty or twenty-four minutes after that that the blow was struck. Cross-examined. Q. Were not the prisoner and Davis always very good friends? A. Yes; just like two brothers, we all four worked at the same job, Davis was a very quiet man—the prisoner has lodged with me seven weeks; I never had a quieter man in the house when sober—Davis and Bailey were sitting close together at the time this blow was struck, not above two feet and a half apart, and their heads were inclining towards each other—I think the prisoner meant to hit Bailey and hit Davis in mistake—this ( produced ) is not the poker it was done with—there was only one candle in the room. JOHN NEWMAN . I live with my uncle the last witness—I took the poker from the prisoner and gave it to the landlady—I do not know whether this is it—I did not see the prisoner take it up, but I saw him strike Bailey and Davis with it. Mrs. NEWMAN . I am the wife of Richard Newman, my nephew gave me the poker, I saw him take it from the prisoner, I put it down, the policeman afterwards had it, this is it—I was in the room from the com mencement of the row and saw the prisoner strike the blow, he bit both Davis and Bailey—Davis went to work on the Wednesday and Thursday and then said that he could not go any more, he went to the hospital and died there—he was as quiet and harmless a man as ever came into a house—they were all of them tipsy at this time. JOHN ANDERSON . I am a surgeon of New Cross-road, Hatcham—I was called in on Saturday about twelve o'clock, and saw the deceased bleeding profusely from a wound on the top of his head—he was covered with ban dages which I removed and found a wound of the temporal artery, which caused the bleeding, it was about two inches long and down to the bone—I saw him next morning, and told him he must go to the hospital, he refused to go—I attended him next day and the following day he came and said that he must go to work—I told him he could not he must go to the hos pital, he was obstinate and would not go—he got worse each day and on Sun day became insensible—we then sent him to the hospital and he there died—I was present at the post mortem examination—I have no doubt his death was caused by inflammation arising from the injury—this poker would produce the wound. Cross-examined. Q. Supposing your directions had been complied with, and that he had been taken to the hospital and received proper care and at tention, do you think the inflammation would have supervened? A. I think in all probability he would have recovered. EDWARD REYNELL REA . I was house-surgeon at Guy's-hospital on 6th November when Davis was brought there, he was in a semi-comatose state—there was a wound on the left side of his head, in a very unhealthy condition with the bone bare—he gradually grew worse, and died on the Wednesday from inflammation of the membranes of the brain arising from the wound. JAMES FOOKES . I am a sergeant in the 1st battalion of Grenadier Guards—on 7th April I saw the prisoner in Hyde-park—my attention was called to him by a man named Reason, who was on sentry at the time—I went up to him and asked if his name was Haviland, he said "Yes"—I asked him if he remembered some five or six days ago a man of that name committing a murder somewhere near Peckham—he said, "I am not the man"—I said, "I shall put you in the guard-room on suspicion, "which I did—he after wards said to me at the Marlborough police-court, "Mr. Sergeant, you won't get a medal for this, you are too fast." JOHN WEEVIL ( Policeman , 371). I heard of this offence on 7th Novem ber, but could not find the prisoner, he was out of the way and Davis I refused to make any charge against him. The prisoner's statement before the Magistrate :—"All I wish to say is, I am very sorry Davis happened to be the man I fait, because he and I were I like two brothers together; the man I meant to hit was the other man who struck my wife, and gave her a slight black eye and called her a b----Irish w----; I am certain she never knew man from woman before she had me—I was drunk at the time and so were we all. GUILTY of manslaughter. Twenty Years' Penal Servitude. 578. JAMES BUTLER (26) , Robbery, with others, with violence, on Charles Augustus Mullhauser , and stealing from bis person 1 watch and 1 chain, his property. MR. PLAIT conducted the Prosecution. CHARLES AUGUSTUS MULLHAUSER . I live at Albert-cottages, Albert-street, Newington, and am a clerk in the City—about half-past 12 on Sunday morn-ing, 7th May, I was in the London-road—three men came along arm-in-arm and pushed up against me—I said, "Don't be quite so fast"—they said, "If we are intruding, say so, "and I said, "You are, "and I went on till I reached a butcher's shop, I think, where there was a crowd—I was passing through the crowd when my hat was knocked off, and I received several blows with the fist in the face—I saw several of the men, and recognized some of them as the men who pushed up against me—I defended myself—I saw a policeman at the time, but he was engaged and could not help me—while speaking to the policeman, I received several other blows, and was knocked down—while on the ground, I received several blows with the fist, and people were keeping me down—I managed after some time to get up—I felt my watch and chain going—the prisoner was then close to me—I saw him run away—I ran after him, calling "Stop thief!"—a gentleman stopped him, and said, "Is he the real thief?" and I said, "Yes"—I did not lose sight of him till he was stopped—the chain was broken at the end before, and was not fastened in any way, only through a button-hole—it was pulled away—a policeman came up—I gave the prisoner into custody—I heard a sort of crush near where we were standing in Temple-street—we looked about, but could not find anything then. COURT . Q. Had you ever seen him before? A. No—he was not one of the three who ran against me—it was those three and others who attacked and beat me. SAMUEL HONEYCOMBS WALTERS . I am a mason, of 2, Richmond-street, Walworth—a little after 12 on this morning I was in Temple-street, and heard a cry of "Stop thief!"—I saw the prisoner coming towards me followed by Mullhauser—I stopped the prisoner, and the prosecutor charged him with robbing him of his watch, and gave him in custody. COURT . Q. Did you hear any noise of a crash of any sort? A. I did not; but the prosecutor said, "I believe my watch is about here some where"—I did not see the prisoner throw anything. JAMES SHANNON ( Policeman, L 145). The prisoner was given into my custody by the prosecutor—he charged him with stealing his watch—the prisoner said, "I am innocent of it"—in consequence of what the prosecutor said, I looked for the watch, but could not find it—the prisoner was given in charge to me in front of a low warehouse in Temple-street—anybody could easily throw anything upon that. HENRY MULLARD ( Policeman, L 16). In consequence of something the last witness said, I went to this warehouse or storehouse in Temple-street, and on the roof found this watch and part of a chain ( produced ). GUILTY .— Five Years' Penal Servitude. 579. RICHARD RICKETTS (17) , Feloniously killing and slaying William Saxby : he was also charged on the Coroner's Inquisition with the like offence. MR. SHARPE conducted the Prosecution, and MR. WOOD the Defence. SAMUEL JEFFORD . I am a labourer, of 6, Brown's-buildiugs, Wyndham-road, Camberwell—on Saturday, 8th April, I was with Riley in the Wyndham-road from half-past 2 to 3 in the afternoon—that is not above six yards from Liepeic-road—it comes out of the Camberwell New-road and the Liepsic-road; they come to an angle—I could see three parts down the Liepsic-road—I saw a little boy standing in the middle of the road—I saw in the Wyndham-road, a cart driven by the prisoner, loaded with 500 bricks, about twenty-five yards from where the Wyndham-road goes into the Liepsic-road—I saw the cart go into the Liepsic-road—the prisoner was sitting behind—the cart then turned in close on to the little boy—I saw him knocked down by the horse with his off fore-leg, and the wheel passed over his body—I halloaed to the prisoner before the wheel went over the boy—he was sitting behind the cart with his face towards the back of the cart—he was not doing anything, that I could see—he had no reins in no hand—I did not notice the reins, I was noticing the boy—I did not go up after the accident; it frightened me so much that I went back into a beer-shop and had a pint of beer—I could not have picked the child up if an? one had given me l, 000 l .—the horse was going at a walk, about three miles an hour—the young fellow would have tried to save the child if he could, but he was rather too late—when I halloaed to him he jumped down to try to save it, but the wheel was over its loins—he ran round to the horse's head, but there was not time enough—two or three men in the lane said, "Go on it is all right,"and he went on—they thought the boy was not hurt—Mr. King said, "Take him home; I do not believe he boy has been run over at all"—they took the child to his father's—Mr. King came again, and ordered him to the hospital, and he died. Cross-examined. Q. Did Mr. King examine his body? A. No—I was I facing the Liepsic-road in the Wyndham-road, looking down the road—I was on the right-hand side of the Wyndham-road—I know the prisoner well—I had noticed him coming up in the cart before I noticed the boy—I did not see him handling any bricks; he might have been—he was quite awake and sober—he was sitting on the bricks with his elbows on the bricks, looking behind—I had not noticed the boy above a couple of minutes before he was knocked down—he was standing in the middle of the road looking—the horse was coming behind—I cannot tell you what he was looking at—I will swear he was not running across the road; he was standing in the road still—I have known the prisoner to be a hard-working young fellow about that part. MR. SHARPE . Q. Is Dr. King here? A. No—I know the child to be the son of John Sax by, a labourer. COURT . Q. You say you know the prisoner? A. Yes, well—he is I respectable, well-conducted man—I never saw him the worse for liquor—he was sober. THOMAS RILEY . I am a plasterer, of 1, Brown-street, Wyndham-road, Camberwell—I was with Jefford—I saw the prisoner driving a cart full of bricks—I knew the deceased child, his name was William Saxby—I saw him in the Liepsic-road, from twenty to twenty-five yards from the corner, where the Wyndham-road runs into it, I should think—he was standing still, with his back to the horse—before the cart got up to the child I halloaed to the prisoner, and he got down and tried to save the child—I think he got down from the back of the cart, and before he got to the front, the wheel went over the little boy—the horse trod on his foot and threw him down and the wheel went over him—before that, the prisoner was sitting in the behind part of the cart on his left side—he had his face turned towards the side of the cart, away from the child—I don't believe he could see the child, the way he was looking—I did not notice whether he had any reins or not—I can't say one way or the other—he was going at about three miles an hour—he was quite sober. Cross-examined. Q. How long before the child was knocked down had you noticed it? A. Not above a minute before that—he had been to the pump then—I saw him a minute before, and during that interval he had been to the pump—he was knocked down immediately—it might be a second or two after I saw him, not longer—the prisoner tried all he could to save the child—he expressed his sorrow afterwards. WILLIAM WOOLNOUGH ( Policeman, P 109). On Saturday afternoon, 8th April, about a quarter past 3 I was in the Camberwell-road on duty—from information I received I went to the Liepsic-road—I there saw the prisoner with a hone, and cart—I took his name and address, and then went away—next day I took him in custody—I told him it was for causing the death of a child, that the child was dead—he said, "Very well"—on the way to the station he said he got up behind the cart and moved some of the load back, and he did not see the child—he was perfectly sober. GEORGE FREDERICK SANKEY . I was house-surgeon at St. Thomas's Hos pital—on the afternoon of 8th April the little boy was brought there—I found him in a very low state, suffering from a fracture of the right thigh bone, and of the right side of the pelvis—there were some bruises across the lower part of the stomach—I saw a post-mortem examination made—the organs were healthy—he died from the injuries about half-past 7, four hours after he was brought in—a cart going over his body would occasion the kind of injury I saw. Cross-examined. Q. What was the nature of the wound, did the limb appear to be crushed? A. No, simply broken—it could not have been done by a kick—it must have been done by something heavier. JOHN SAXBY . I am a labourer, and live at the Liepsic-road, Camberwell—I am the father of the deceased, William Saxby—from information I received on Saturday afternoon 8th April, I went into the Leipsic-road, about half past 2, and found him there—he was alive then—I followed a man up to Dr. King's—he was afterwards taken to my house, and from there to St. Thomas's Hospital—I was there when he died, at half past 7 in the evening. The Prisoner received a good character. NOT GUILTY . Before Mr. Common Serjeant , 580. PATRICK DRISCOLL (22) , Robbery with violence upon Thirza Fincham , and stealing from her person a purse and other articles, her property. MR. WOOD conducted the Prosecution, and MR. RIBTON the Defence. THIRZA FINCHAM . I am the wife of John Fincham, of 28, Queen-street, Horsleydown—on Monday, 17th April, I went to the Surrey Dispensary at 11, and left between 1 and 2—I went to a fruit-stall, and took some half-pence out of my pocket to pay for some oranges in High-street, Borough—I left my purse in my pocket—I felt some one taking my purse out, I called out, "That man has got my money,"the man turned round and said he had not; to the best of my belief it was the prisoner, he ran across the street and I ran after him crying "Stop thief,"—I got hold of him, and he turned and pushed me in the face, I was obliged to leave go—he struck me with his fist—I then saw a man named Copeland—I did not lose sight of the prisoner—I had 3 s . in my purse—I believe he is the man that did it. Cross-examined. Q. I suppose you had never seen this man before that day? A. No, I saw him again on the Friday following. RICHARD COPELAND . I am assistant to Mr. George Smith, 199, High-street, Borough—on Easter Monday, between 1 and 2, I saw the last witness at a fruit-stall; I had seen the prisoner before that, and spoken to him as he went by concerning things he had done—I know him well; I saw him about a quarter of an hour before, with three others, loitering up and down the Borough—I kept my eyes on them—I saw the prosecutrix go up to the barrow, and the prisoner standing on her left side; two of the other men were standing behind her, and one in front—I saw her catch hold of the prisoner; he ran across the road, and the lady had hold of his coat crying out "Stop thief"—some carts stood in the road, which prevented him going down a court at the side of our shop—he turned round, hit the lady in the face and then ran down the court—about two or three hours afterwards the prisoner came and said, "You had better mind your own business and not look after me, or else I will give you a good thrashing for watching us about"—I saw him again in the evening with two others—they came with sticky and stayed for half an hour in the coffee-shop, next door to our shop, wait ing for me; I declined to go out—I have known the prisoner five or six years; I could not be mistaken in his identity. Cross-examined. Q. Are you quite sure it was the same evening he came to you? A. Yes, it was about 3 o'clock, I should think—I have said before, three qr four times, that I saw him the same evening—I do not think I said it before the Magistrate, because they never asked me—I said some thing about his giving me a thrashing—I know it was proposed before the Magistrate to call witnesses to prove an alibi —I said he had threatened to give mea thrashing on another occasion—I did notgivehim in custody because there were so many with him—a gentleman caught hold of him, but he knocked him down—I am an oil and colourman's assistant; our shopboy was outside in the van, and saw it; he is not here—no one was in the shop when the prisoner came on the Monday evening; he came about five minutes to 9, at I was shutting up—he spoke as he went by—I never said a word to him—I told the shopboy what the prisoner said he would do to me; he said, "Do you mean the one you saw picking the lady's pocket?"—I said, "Yes, the one we had the bother with this morning"—the boy said he only saw him run away, he did not see him pick the lady's pocket—I communicated with the police; I saw Sawyer on the Thursday, coming down the Borough, and said to him, "Sawyer, Driscoll has picked a lady's pocket"—I told him where, and said, "I told the woman to go to the station"—I did not tell him that the prisoner threatened to give me a thrashing then, I did on the Friday, the next day. LOT SAWYER ( Policeman, M 175). On Thursday evening, April 20th, I received information of this robbery from the last witness; he mentioned the prisoner's name, and I took him on Friday evening, about 9 o'clock, in High-street, Borough—I told him he was charged with picking a female's pocket, near Mr. Gainsford's shop—he said, "I know nothing about it"—as I took him Copeland came up and identified him. Crost-examined. Q. Did you see, Copeland on the Friday? A. Yes, a few minutes before I took the prisoner; he gave information on the Thurs day, but I did not see the prisoner until the Friday evening—he said on the Friday evening that the prisoner had just gone up the Borough, and I went after him and took him—I do not remember that he said anything else; I think Cummings said more to him than I did. MR. WOOD . Q. What did the prisoner say going to the station? A. As I was taking him before the Magistrate he said to his wife, "I am taken for stealing a purse from a lady, say I was at croydon." Witnesses for the Defence CATHERINE GIBSON . I am a hawker of fire-screens—I have know the prisoner since he was a boy—last Easter Monday I went down to Croydon at 10 o'clock—I saw the prisoner there between 12 and 1—I heard the town clock strike 12; he was right in the middle of the town, by the town clock—there was a crowd at Croydon; there was nothing particular going on—I remained with him to just upon 2 o'clock—he said he was going to see his uncle, going to get some cards to go to the steeple-chase—I saw him after wards, with his uncle, just as I was coming to New Cross-station—I have no doubt that it was last Easter Monday. Cross-examined by MR. WOOD . Q. Were da you live? A. 2, Thomas-street, William-road, Camberwell—I hawk fire-screens about the country—I met the prisoner accidentally—I never met him there before—I am not related to him; we used to live in the same neighbourhood ten years ago—he lives in the Borough now, close to my mother—I do not know his house—I first heard of this last Saturday week, I met his wife out with fire screens; she said he was taken up for something that happened on Easter Monday; I told her I had seen him at Croydon, and they brought me forward to speak to having seen him—I was not before the Magistrate; I was there but was not called. COURT . Q. You say you were with him from a little after 12 to just about 2? A. Yes; we were by ourselves—we had some ale together. JAMES DRISCOLL . I am a bricklayer's labourer, and live at Croydon—I am the prisoner's uncle—last Easter Monday I saw him at Croydon, from twenty minutes to half-past 2—there was to be a steeple-chase on the 27th, and he came down on purpose to order some cards to be printed—I ordered them to be printed on the 25th April, the day week after I saw him—I was with him on Easter Monday till a quarter-past 7; he then left me and went by the train to London. Cross-examined. Q. Was his whole business ingoing down there to get you to get him some cards? A. Yes; they sell at 6 d . each—they cost me 5 s .—I got two dozen of them—I am a bricklayer's labourer, but when Croydon steeple-chase scome on, I get a few shillings extra by selling these cards—I heard the prisoner was in custody last Wednesday, I believe—my brother came down there, and he told me the prisoner was in custody on suspicion of a robbery on Easter Monday, and I said, "Why he was down at Croydon on that day." MR. RIBTON . Q. Did he leave you the money for the cards? A. No, I paid it—I paid a sovereign for eight dozen—these ( produced ) are his two dozen cards; he could not sell them, he was in prison, and I had enough to do to sell my own—he owes me 5 s . for them—I do not know Catherine Gibson. TIMOTHY CORN . I sell oranges about the street—on Easter Monday, Mrs. Fincham bought some oranges of me; I was standing by the Blue-eyed Maid public-house in the Borough—I saw four chaps round her—the prisoner was not one of them—I am quite sure of that—I did not know him before he was a stranger to me—I should know the four if I saw them again—I know the name of one of them—I saw her run across the road after them—I am quite sure the prisoner was not one of them. Cross-examined. Q. Have you ever been in trouble.? A. Yes, I have been in Wandsworth prison for fourteen days for a row , nothing else, for assaulting somebody in the Borough—me and some more chaps had a row ; we were not charged with robbery—I pleaded guilty before the Magistrate to an assault—I live at Angel-place in the Borough—the woman came back to me and said she had lost her purse, did I know the man—I said I saw the men round the barrow, I did not know what they were after, and she said that I was as bad as they were. MR. RIBTON . Q. Did the Magistrate fine you for the assault? A. Yes, 5 s . or fourteen days—I could not pay the 5 s —there is no pretence for saying that it was a charge of robbery. GUILTY .**† — He also PLEADED GUILTY to a former conviction; of felony at this Court in June, 1864.— Ten Years' Penal Servitude. 581. THOMAS BECKENHAM (43) , PLEADED GUILTY to feloniously marrying Rosina Johnson , his wife being alive. Confined Twelve Months . ADJOURNED TO MONDAY, JUNE 12 TH , 1865.

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Wednesday the 14th, Thursday the 15th, Friday the 16th, Saturday the 17th, and Monday the 19th of October 1730 , in the Fourth Year of His MAJESTY's Reign. Being the Eighth and Last SESSIONS in the Mayoralty of the Right Honourable Sir RICHARD BROCAS , Knt. Lord Mayor of the City of LONDON, in the Year 1730. No. VIII. for the said YEAR. LONDON: Printed for T. PAYNE, at the Crown in Ivy-Lane, near Pater-noster-Row. M.DCC.XXX. (Price Six Pence.) THE PROCEEDINGS AT THE Sessions of the Peace, and Oyer and Terminer, for the CITY of LONDON; AND ON The King's Commission of Goal-Delivery of Newgate, held at Justice-Hall in the Old-Bailey; for the CITY of London, and COUNTY of Middlesex. On Wednesday, Thursday, Friday, Saturday, and Monday, being the 14th, 15th, 16th, 17th, and 19th of October 1730, in the Fourth Year of His MAJESTY's Reign, BEFORE the Right Honourable Sir RICHARD BROCAS , Knt, Lord Mayor of the City of London; the Right Honourable the Lord Chief Justice Raymond, the Honourable Mr. Justice Denton; the Honourable Mr. Baron Cummins ; Mr. Serjeant Raby, Deputy-Recorder of the City of London; and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and Country of Middlesex. London Jury. John Say . John Clarkson . Humphrey Pugh . Joseph Clare . Thomas Hows . William Dovey . William Barton . Thomas Templeman . Joseph Bailey . Edward Dollar . William Hill . John Barnes . Middlesex Jury. Thomas Ingram . Thomas Richmond . William Frith . John Morris . William Young . Benjamin Harvey . Thomas Ayliffe . Benjamin Timbrel . John Henshaw . William Baker . David Allen . William Brown . Abraham Levy , of St. Botolph's Billingsgate , was indicted for feloniously stealing 6 lb. of Sugar, value 18 d. the Property of a Person unknown, the 24th September last. William Whitlock and another Evidence depos'd, That they saw the Prisoner taking the Sugar out of the Hogshead upon Botolph's Wharf, and that he desired them to beat him heartly, and to let him go; the Fact being plainly prov'd, the Jury found him Guilty of the Indictment. [Transportation. See summary.] Gabriel Disherman , of Allhallow's Barkin , was indicted for feloniously stealing 12 lb. of Tobacco, value 5 s. the Goods of a Person unknown, the 3d of October last. John Bargout depos'd, He apprehended the Prisoner at the Gateway of Chester-Key, with the Tobacco in his Apron; the Fact being plainly prov'd, the Jury found him Guilty of the Indictment. [Transportation. See summary.] Richard Bickerstaff , of St. Dunstan's in the East , was indicted for feloniously stealing 70 l. the Money of John Patrick , the 11th of September last. The Prosecutor depos'd, That the Prisoner was his hired Servant; that he paid him 30 s. a Month (he being his Steward ) and himself a Master of a Ship ; that he sent him to receive the Money, and that when he had received it, he went away with it. John Middleton (Mr. Green's Servant) depos'd, That he paid the 70 l. to the Prisoner for the Prosecutor's use . The Prisoner in his Defence own'd, That he did receive the Money for the Prosecutor's use, but unhappily going into an Ale-house where some Men were Gaming, and he losing some of the Money, was afraid to go to the Prosecutor again ; and added, that he was not the Prosecutor's Servant at the time he received the Money, and so it not appearing to be Felony, he was acquitted . Texton Brown , of St. John Zachary was indicted for assaulting John Kerk on the King's High-way, putting him in fear of his Life, and violently taking from him half a Guinea, and 6 s. in Money, a Peruke, value 10 s. and a Hat, value 2 s. the 29th of August last . The Prosecutor depos'd , That as he was going Home, and being in Forster-Lane about One o'Clock in the Morning, three Men stopped him, clapp'd a Pistol to his Breast, and demanded his Money; that he gave them some, and they put their Hands in his Pocket, and took the rest; that they demanded his Watch and Rings, but he denying them, and they being in a hurry, went away; that he turn'd from them, and went a few Steps, till he thought himself out of Pistol-shot, and then turning again, pursued them, and calling out, stop Thief, they ran, and the Prisoner was stopped. George Horne depos'd, That he being upon the Watch, hearing the Prosecutor cry out, stop Thief, and seeing the Prisoner and two others running, he pursued them; two ran into Cheapside , and the Prisoner running up a turning , fell down, and he was stopp'd by the Constable. The Constable depos'd, He stopp'd the Prisoner, and all the Evidences agreed that there were no Person then in the Lane but the Prosecutor, the Prisoner, and themselves , the other two of his Accomplices having gotten away; upon a full hearing of the Matter, the Prisoner was acquitted . Sarah Jackson , of St. Sepulchres , was indicted for assaulting John Merrey , putting him in fear of his Life, and taking from him 2 s. the 12th of this present October . The Prosecutor depos'd, That as he was going along Chick-Lane about Twelve or One o'Clock at Night, the Prisoner stood over-against the End of an Alley, near the Kennel; that without either speaking a Word to him, or he to her, she push'd him down, and another Woman who was standing a little way in the Alley, came and kneel'd upon his Neck, and the Prisoner put her Hand in his Pocket and took out two Shillings, he saw her Hand come out of his Pocket, and heard the Money chink; that he struggled with her, and caught hold of her, and the other ran away; but he held her, and struck her several Blows with his Stick, and broke her Head, and calling out to the Watch, they came to his Assistance, and she was carried to the Watch-house. William Bell , the Constable, depos'd, That the Prisoner and Prosecutor were brought by the Watchman to the Watch-house, that the Prisoner was very bloody, and the Prosecutor there charg'd her exactly as he did in Court, and did the same the next Morning before the Justice, and that the Prisoner did not deny it, but said, see how I am beat and abus'd . Patrick Brunskel and Isaac Gulliford , the Watchmen, depos'd the same, and added, That hearing an outcry, they went and found the Prosecutor and Prisoner , and that he charg'd her with robbing him of 2 s. The Fact being plainly prov'd, the Jury found her Guilty of the Felony, but acquitted her of the Robbery . [Transportation. See summary.] Dennis Cormick , of St. Dunstan's in the West , was indicted for privately stealing a Handkerchief, Value 14 d. from the Person of Samuel Netherton , the 14th of September last. The Prosecutor depos'd, That as he was holding his Master's Horse in Fleet-street, he perceiv'd his Coat to move, and missing his Handkerchief, he pursued the Prisoner, and took him with the Handkerchief in his Hand; the Prisoner pretended he found the Handkerchief on the Ground; but the Fact being plainly prov'd, the Jury found him Guilty to the value of 10 d. [Transportation. See summary.] Arabella Wilson , of St. Sepulchres , was indicted for privately stealing a Silver Watch, Value 40 s. Half a Guinea, and 20 s. in Silver, from the Person of Edward Ryden , the 5th of September last . The Prosecutor depos'd, That he going into Dobson's Brandy-shop, in the Old-Bailey , he call'd for a Quartern of Brandy, and throwing down Half a Guinea on the Counter to pay for the Brandy, thinking it to be a Six-pence, he took it up, and put it into his Pocket again, and in a quarter of an Hour after he felt her Hand in his Pocket; and catching hold of her Hand, cry'd out, he was robb'd; that he call'd for a Constable, that one came, but he did not search her; upon a full hearing of the Matter, the Jury acquitted her. Collibery Ford , of St. Giles's Cripplegate , was indicted for feloniously stealing a Holland Shirt, two Aprons, and 8 s. in Money , the Goods of Sarah Waller , the 12th of October last. It appear'd by the Evidence, That the Prisoner was a Lodger in the Prosecutor's House, and took an Opportunity to take the Shirt, which was found upon her; that the Prisoner own'd the taking the Shirt, but did design to bring it her again, but being necessitated, did pawn it; the Jury acquitted her. Deborah Ayres , of St. Giles's Cripplegate , was indicted for feloniously stealing 9 s. 6 d. in Money , the Property of Thomas Bourne , the 23d of September last. The Prosecutor depos'd, That the Money was taken out of his Box, in his House, and that the Prisoner, who was a Chair-Woman , confess'd that she did open the Box, and take out the Money; the Fact being plainly prov'd, the Jury found her guilty of the Indictment. [Transportation. See summary.] Mary Edwards , of the Parish of Christ-Church, Spittle-Fields , was indicted for feloniously stealing 85 Yards of Camblet, value 4 l. 45 Yards of Stuff, value 35 s. 50 Yards of Rosetto, value 30 s. and other Goods, in the Warehouse of Alexander Lee , and Hester Spear , the 10th of this present October . George Spear depos'd, That on the Morning of the Day laid in the Indictment, he hearing an out-cry about 5 or 6 in the Morning, that the House was Robb'd, he went and found the Prisoner there, and the Goods were found in her Apron under a Bed. Alexander Lee depos'd, That the Prisoner had been employ'd to turn a Throwing-Mill in his Father-in-Law's Work-shop, and taking an Opportunity, got into the Warehouse, and took out the Goods, putting them into her Apron, and laid them under a Bed; and that being examined, she own'd, that she came in the Morning before, and having taken an Opportunity, the Warehouse-Door being left open, to take the Goods out of the Warehouse, carried them up into the Garret, and stay'd in the Garret all Night, to have carried them out the next Morning; that she did design to carry some away, but only two Pieces, because the whole six were too heavy. Henry Elliot depos'd, He met the Prisoner coming down Stairs with something in her Apron, and her Shoes in her Hand, that he calling his Fellow-Prentice , she run up Stairs, and put them under his old Master's (deceas'd) Bed; and that being ask'd how she came in, said, she slipt in privately to get a Night's Lodging, her Sister having Lock'd her out of Doors. George Pain depos'd, That he being call'd by the former Evidence, ask'd her, how she got in? she said, she got in as they were sitting by the Fire about Ten o'Clock at Night; that the Goods were his Master's, and were in the Warehouse, that he did not see the Prisoner have the Goods, but they were found under the Bed, where the Prisoner owned she had laid them. The Prisoner did not deny her taking the Goods out of the Warehouse, but that she did design to have put them in again, and waited for an Opportunity so to do, and came down that Morning with a Design so to do. Upon a full hearing of the Evidence , the Jury found her Guilty to the Value of 4 s. 10d. [Transportation. See summary.] Lydia Johnson , alias Morgan , of the Old Artillery-Ground , was indicted for feloniously stealing two Pair of Brass Sconces, 11 Pictures, value 20 l. two Stows, a Feather Bed and Chairs, and divers other Goods of Anne Pyson , in the Dwelling-House of - Cox , the 1st of August last. It appear'd by the Evidence, that the Prosecutor having entrusted the Prisoner to pawn Goods for her, which were lock'd up in a Room, and that she pawned divers Goods, and converted the Money to her own use; but this not appearing to be a Felony, she was acquitted . Anne Nailor , alias Westburn , of Norton-Falgate , was indicted for feloniously stealing four Yards of Bays, value 4 s. and four Yards of Linen Cloth, value 6 s. 4 d. the Goods of Edward Hall , the 3d of September last. The Fact being plainly prov'd, the Jury found her Guilty to the Value of 4 s. 10d. [Transportation. See summary.] Abigail Godson , of St. Ann's Westminster , was indicted for feloniously stealing a Muslin Apron, value 5 s. and a Holland Shirt, value 15 s. the Goods of George Westcoat , and a Holland Apron, value 5 s. the Goods of Elizabeth Allen , the 19th of September last. The Fact not being proved to the Satisfaction of the Jury, they acquitted her. John Anderson , of St. Giles's in the Fields , was indicted for feloniously stealing 29 Deal Boards, value 25 s. and 6000 Nails, value 4 s. the Goods of Samuel Bond , the 15th of September last. It appear'd by the Evidence, That the Prisoner was Journeyman to the Prosecutor, and the Boards which the latter swore to be his, were found in the Prisoner's Possession. The Prisoner call'd several Persons who had known him for 12 or 14 Years, who gave him a very honest Character; but the Fact being plainly prov'd, the Jury found him Guilty of the Indictment. [Transportation. See summary.] Margaret Dickson , of St. Paul's Covent-Garden , was indicted for privately stealing 69 Yards of Silk Ribbon, value 11 s. in the Shop of John Oakley , the 21st of September last. The Prosecutor depos'd, That the Prisoner came to his Shop to buy a Knot, and took the opportunity to steal a Piece of Ribbon, and he took it out of her Coat. Elizabeth Audley depos'd, She saw the Prisoner take the Piece of Ribbon out of the Box, and put it into her Coat. The Prisoner in her Defence pleaded, That she having taken three Pieces of Ribbon out of the Box to look at them, and having laid them on the Counter, and the Prosecutor giving the Box a push, it fell into her Coat that was pinned up; but the Fact being plainly proved, the Jury found her Guilty to the Value of 4 s. 10 d. [Transportation. See summary.] Richard Francis , of the Parish of Hendon , was indicted for feloniously stealing 11 She ep, value 7 s. each , the Property of William Haley , the 25th of September last. The Prosecutor depos'd, He lost the Sheep out of his Ground, and upon enquiry found the Skins at Mr. Mills's a Felt-monger, in Barnaby-street, who said, he had bought them in Bloomsbury-Market, of the Prisoner, a Butcher . There were several Evidences who depos'd, That after the Prisoner had been apprehended, and charg'd with stealing the Sheep, he pull'd out Money, and offer'd to pay for the Sheep, saying, it was the first Fact of that Nature that he ever had committed. The Prisoner deny'd the Fact, and pleaded, that he bought the Sheep of a Drover near the five Mile Slad, but could not prove it; the Fact being plainly prov'd, the Jury found him Guilty of the Indictment. Death . Mary Collins , of St. James's Clerkenwell , was indicted for feloniously stealing a Linen Gown, value 5 s. the Goods of James Collins , the 19th of September last. It appear'd by the Evidence, that the Prosecutor was the Prisoner's Father; and the Mother depos'd, That she had always liv'd at Home with them, but having got into ill Company, had made it her common Practice to come Home and get what she could, and go away. That they desir'd she might be Transported for fear of her coming to an ill End, and the Jury found her Guilty of the Indictment. Elizabeth Scott , of St. Giles's in the Fields , was indicted for privately stealing a Silver Watch, value 50 s. from the Person of Edward Davis , the 5th of September last. Edward Davis depos'd, That he having received his Wages at the Pay-Table, it being Saturday Night, and he being in Drink, was going along Holbourn, the Prisoner ask'd him to give her a Dram, and that he did go with her to Mr. Billing's Cellar, and there drank two Quarterns of Gin, and that he missing his Watch, charg'd her with it, but she deny'd it, and that sending for the Watchmen, she did not deny her having the Watch, but would deliver it to no Body but the Constable; that being carried to the Constable, she pulled the Watch out of her Bosom, and delivered it to him. There were other Evidences of their drinking two Quarterns of Gin in a Room together, and of the Prosecutor's charging her with taking his Watch. The Prisoner did not deny her having the Watch, but pleaded, That he gave it her to hold in pledge for half a Crown that he was to give her for having carnal Conversation with her, he refusing to give her the Money first, and telling her, that he never us'd to give a Woman any thing before hand, and that afterwards he would not give her the Half Crown, and therefore she would not give him the Watch. The Prosecutor deny'd his giving the Watch on any such Account; the Jury found her Guilty to the value of 10d. [Transportation. See summary.] Alexander Dowrrg , of St. Martin's in the Fields , was indicted for privately taking a Handkerchief, value 1 d. and three Guineas , the 8th of this Instant October . The Prosecutor depos'd, That he being in a Night Cellar, near Charing-Cross , the Prisoner being where, offer'd to light him Home, that this was about Four o'Clock in the Morning; that when he went out of the Night Cellar he had his Money, and he had it after he was in the Street, and that as they were going along the Street, the Prisoner carried him to a Brandy-shop, and he telling the Prisoner he would make him Drink, but that he had neither Silver nor Brass; that thereupon the Prisoner lent him three Pence, which he promised to pay him when he came Home to his House; that while the Woman was drawing the Liquor, the Prisoner then standing by his Side, he on a sudden slipt away, and feeling for his Money, found it was gone; that no other Person was near him but the Prisoner from the time he came out of the Night Cellar, till he miss'd his Money at the Brandy-shop; after a full hearing of the Matter, the Jury acquitted him. Martha Bell , of St. Clement's Danes , was indicted for feloniously stealing six Brass Candlesticks, value 6 s. the 18th of September last. It appear'd by the Evidence, that the Prisoner was Servant to the Prosecutor, and took the Candlesticks; the Fact being plainly proved, the Jury found her Guilty to the Value of 10d. [Whipping. See summary.] James Atkins , of St. Andrew's Holbourn , was indicted for marrying Anne Burroughs , his first Wife being alive ; but the Evidence not being sufficient, he was acquitted . Thomas Cooper , of St. Giles's Cripplegate , was indicted for feloniously stealing 5 Ounces of Silver Filings , the Property of Daniel Skinner , the 12th of September last. The Fact being plainly prov'd by the Prisoner's Confession, the Jury found him Guilty of the Indictment. [Transportation. See summary.] Charles Brown , of St. Mary le Bone , was indicted for feloniously stealing a Hat, value 2s. the Goods of Edmund Lewen , the 3d of this Instant October . Richard Davis depos'd, That he taking Notice that the Prisoner and another were lurking about the Prosecutor's Door, he suspecting them, watch'd them, and saw the Prisoner go into the Shop, and take a Hat; that he immediately seiz'd him with the Hat, and the Fact being plainly prov'd, the Jury found him Guilty of the Indictment. [Transportation. See summary.] Edith Clayton , of St. Mary Magdalen, Mill-Street , was indicted for feloniously stealing a Handkerchief, value 1 s. the Goods of Robert Wood , the 2d of this Instant October . Robert Wood depos'd, That he being at Alderman Biller's Office, he miss'd his Handkerchief, and speaking of it, the Alderman order'd the Hatch to be shut, that those that were there might be search'd, and was inform'd by the next Evidence, that the Prisoner had it. Richard Davis depos'd, That he being at Alderman Billers's , he saw the Prisoner take the Handkerchief out of his Pocket, put it in his Hat, and afterwards threw it on the Ground among the People. The Prisoner pleaded, that the Handkerchief was taken up by one South , that desir'd him to go to Sir William Billers , who gave it to him to put in his Pocket, he having none himself; after a full hearing of the Matter, the Jury acquitted him. Eleanor Davis , of the Parish of St. Faith's was indicted for feloniously stealing a Loin of Lamb, the Property of John Bennet , a Goose of Thomas Stephens , a dead Cock and Hen, a Leg of Mutton, and three Pieces of Beef , the Goods of a Person unknown, the 10th of this Instant October . It appear'd by the Evidence, that the Prisoner being observ'd to lurk about Newgate-Market , a Person suspecting her, watched her, and seeing her take the Goose off from a Stall, seiz'd her, and found all the different Things upon her; the Fact being plainly prov'd, the Jury found her Guilty of the Indictment. [Transportation. See summary.] Elizabeth Jackson , of St. Giles's Cripplegate , was indicted for feloniously stealing six Pewter Plates, a Dressing-Glass, and other Goods, value 40 s. the Goods of Henry Blake , the 29th of August last. It appear'd from the Evidence, that the Prisoner was a Girl taken from the Work-house, that she had liv'd there but three Days before she took an opportunity to steal the Goods, and ran away; the Fact being plainly prov'd, the Jury found her Guilty to the Value of 10 d. [Transportation. See summary.] William Fitzer , and George Reeves , were indicted for feloniously stealing a Copper Coffee-Pot , the Goods of a Person unknown; but there not being sufficient Evidence against the Prisoners, they were acquitted . Joseph Isles , of St. Mary le Strand , was indicted for feloniously stealing 8 Guineas , the Property of William Thomas , the 24th of September last. It appear'd by the Evidence, that the Prisoner was an Apprentice to the Prosecutor, and having gotten a Key that would open a Trunk, where the Money was in a Purse, in all fifty Guineas, out of which, at times, he took five Guineas, by half a Guinea at a time, and the last time, which was the 19th of September, he took three Guineas; that he being tax'd with the Fact, and stripp'd and search'd, he ran up Stairs, laid a Purse that came out of the same Draw upon a Shelf by the Stairs, and ran out of Doors with nothing but his Shirt on; after he was apprehended, he confess'd the Fact as before related; and the Fact being plainly prov'd, the Jury found him Guilty of the Indictment. [Branding. See summary.] Thomas Hitchin , of St. John the Evangelist, in the Liberty of Westminster , was indicted for feloniously stealing a Guinea , the Property of Thomas Grove , the 29th of September last. The Prosecutor depos'd, That he having employ'd the Prisoner to mend two Cane Chairs, that he bringing them home, he and his Wife having been telling some Money, dropt a Guinea, that no Body was in the Room but the Prisoner, and that when he was going out, the Guinea was gone; that as he was going out, he call'd to his Wife to stop him, for he had got the Guinea; that the Prisoner was search'd, but no Guinea was found, and he believ'd he might have it in his Mouth; that he desir'd his Pay-Master Serjeant might he sent for, that when he came, he desir'd him to pay him (the Prosecutor) a Guinea, and he would deduct it out of his Pay, that the Serjeant desir'd to speak with the Prisoner by himself, and afterwards came out in a great Passion, and said, they might take him to the Devil if they would, he had got the Guinea in his damn'd Guts, and he would never appear for him. This was likewise confirm'd by the Prosecutor's Wife, who added, That she saw the Prisoner take the Guinea up. The Pay-Master Serjeant, Mr. Crawford depos'd, That the Prisoner did always deny that he had the Guinea; and also he deny'd that he said to the Prosecutor, that the Prisoner had the Guinea in his damn'd Guts . The Right Honourable the Earl of Albermarl, Colonel Hamilton, and Captain Southly, gave him a very good Character; but the Fact being plainly prov'd, the Jury found him Guilty of the Indictment. [Transportation. See summary.] John Fox , of St. Dunstan's Stepney , was indicted for feloniously stealing a Silver Watch, value 39 s. the Goods of George Sully , the 3d of this Instant October ; the Fact being plainly prov'd, the Jury found him Guilty of the Indictment. [Transportation. See summary.] Aaron Johnson , of St. Sepulchres , was indicted for feloniously stealing a Holland Shirt , the Property of John Trebent , the 2d of this Instant October ; but no Body appearing against him. he was acquitted . Derry Wilmot , of St. Botolph's Bishopsgate , was indicted for feloniously stealing a Brass Weight, value 6d. the Property of William Andrews ; but no Body appearing against him, he was acquitted . Thomas Wilcox , of Allhallows Staining , was indicted for feloniously stealing a Lock, 212 lb. of Iron, and 26 lb. of Lead, the Goods of Edward Bridgen , Esq ; and four Hand-Saws, and divers other Carpenter's Tools , the Property of several Persons, as John Thompson , Thomas Sanger , William White , John Griffin , and William Hall , the 7th of September last. It appear'd by the Evidence, that the Tools were lost from some Buildings in Mark-Lane , and that the Prisoner being suspected, and apprehended, he confess'd where he had hid the Goods and Tools, and they were found accordingly in Billiter-Lane; the Fact being plainly prov'd, the Jury found him Guilty of the Indictment. [Transportation. See summary.] James Rogers and Benjamin Belmosset , of St. Botolph's Bishopsgate , were indicted for assaulting John Broom , in a Common Passage, call'd Rose Alley , near the Highway, putting him in Fear, and taking from him a Cloth Coat, value 40s. a Hat, value 2 s. and 12 s. in Money , the 8th of January last. The Prosecutor depos'd, That he passing through Rose-Alley about Eight o'Clock at Night, he was assaulted by the Prisoners, who knocked him down, and took from him his Hat, his Coat, and 12s. in Money. This Evidence being ask'd, If he were sure the Prisoners were the Persons who Robbed him? reply'd, He was positive the Prisoners were the Persons, that he had the opportunity to see them very plainly, it being just under the Lamp, that Belmosset knocked him down, and Rogers took the Money out of his Pocket, and both the Prisoners pull'd off his Coat, that they were five or six Minutes in Robbing him; that having done, they ran away, and left him in a very bloody Condition. Elizabeth Caffey depos'd, That she Dwelling in Hand-Alley, near the Place where the Fact was committed, and hearing a Noise, went out, and found the Prosecutor standing against the Wall, that he bled very much, that she took him to her House, wash'd him, and her Husband lent him a Hat and Coat, and went Home with him; this was also confirm'd by John Caffey . The Prosecutor being ask'd, How it came about that the Fact being committed so long since that the Prisoners were not prosecuted till this time? reply'd, That he had not the opportunity of taking them; that he had an opportunity of seeing them on the 30th of May last, as he was passing near the Hog-House in Church-Lane, he seeing four Men coming up the Road from Stepney, he knew the Prisoners, but did not dare to take any Notice of them, there being no Body ready to assist him; that he follow'd them at a Distance towards Rag-Fair, but they turning suddenly into an Alley, he lost sight of them, but upon inquiry got some Intelligence of them, but had not the opportunity of apprehending them till the 14th of September; that he accidentally saw Rogers in a Brandy-Shop, and immediately call'd a Constable, and apprehended him, and that some time afterwards, being in Mr. White's, the Constable's Shop, Belmosset pass'd by, and they went out and seiz'd him. William White depos'd, That the Prosecutor came to him, and call'd him to assist him in taking Rogers, and that he describing the other Prisoner Belmosset , he bid him come to his Shop, and he would have the opportunity of seeing several such Persons pass by; that he did so, and that when Belmosset pass'd by the Shop, the Prosecutor said, he was one of the Persons who had Robb'd him. The Prosecutor was positive the Prisoners were the Persons who Robbed him; and they having nothing to say to invalidate his Evidence, the Jury found them both Guilty of the Indictment. Death . Eleanor Hudson and Anne Read , of St. Botolph's Bishopsgate , were indicted for feloniously stealing a Silver Watch, value 3l. The Prosecutor depos'd, That he meeting with the Prisoners, they went in to drink together at the Valiant Trooper , over-against Rose and Crown Court, that there he pulling out his Watch, put it in his Hat which lay on the Table, and that the Watch was taken away by the Prisoners, who went off with it; that apprehending the Prisoners the next Morning, Eleanor Hudson confess'd that the Watch was pawned for half a Guinea, and they had 5s. 3d. a Piece. The Fact being plainly proved, the Jury found them both Guilty of the Indictment. [Transportation. See summary.] John Collier , of Hillendon , was indicted for ravishing and carnally knowing Elizabeth Jones , spin. the 16th of September last, against the Will and Consent of the said Elizabeth Jones . The Prosecutor depos'd, That as she was coming Home from a Meeting, the 6th of September, between 6 and 7 o'Clock in the Evening, the Prisoner met her, and ask'd her, whether she was going? That she answer'd him, she was going Home; and he asked her where she liv'd, and such like Discourse. When they came to the Bridge, he dragged her down Kingston-Lane , and she crying out, he caught her bold by the Throat, and swore, D - n her, if she made any Noise, he had a Knife in his Pocket, and would cut her Throat from Ear to Ear; that she did endeavour to cry out all she could, but he holding her by the Throat, she could not; that he held her so long till she was almost strangled, and had neither Voice nor Strength; that thus dragging her out of the main Road into Kingston-Lane , he threw her down on a grassy Place, where was a rising, with her Head lying among the Bushes, and punch'd her on the Stomach several times to stop her Breath, and there lay with her, and had carnal Knowledge of her Body - Being ask'd, If she did resist and cry out? she reply'd She did cry out as long as she could, and struggled as long as she was able, but he stopping her Breath, by holding her Throat so long, and so hard, that she had no Power to cry out, nor strive any longer; and the Prisoner with repeated Oaths threatened to cut her Throat from Ear to Ear. - She being ask'd, How it was at last? she reply'd, There was Wet within. That the Prisoner said when he went away, that that was his way, but he liv'd an Hundred Miles off, threatening, if she offer'd to come after him, he would cut her Throat from Ear to Ear. - Being ask'd, If she had known the Prisoner before? she answer'd, She had no Acquaintance with him, though he liv'd at Field-Heath , not much above half a Mile off. There were several Evidences, who were Neighbours, depos'd, That the Prosecutor came to a Neighbour's House at Hillendon under a very great Disorder, complaining of her being dragged into the Lane, and abused by the Prisoner, who all gave her the Character of a modest sober Girl. Robert Jones , her Father, depos'd, That when she came Home at about 8 o'Clock, she complain'd, that the Prisoner had offer'd Violence to her, had almost choak'd her, and lay with her; that she had resisted to the utmost of her Power, but being almost choaked, she could not have the Liberty of her Breath. Elizabeth Jones , the Mother, depos'd, That when her Daughter came home, she was very much frighted, and being led into a Neighbour's House, she was sent for, and she could scarce speak, and she fainted away; that they gave her Water, and other Things to recover her. - She being ask'd, How old her Daughter was? answer'd, She was 18 Years of Age. Thomas Prosser depos'd, That he going between Hillendon and Uxbridge between 7 and 8 o'Clock, that it was neither Dark nor Light, but so that he could see but a very little way off, and did hear several shrieks, and call'd out, but was not answer'd, and look'd down the Lane, saw no Body, but heard the found of some Person treading in the Lane; but seeing no Body, went to Hillendon , and gave Notice of it. - Being ask'd, How far he was from the Place where the Fact is said to have been committed? he reply'd, He thought it might be 150 Yards. Another Evidence depos'd, That a little before the time mention'd by the Prosecutor, the Prisoner was seen to go towards that Place. William Cooper , an Apothecary, depos'd, That he was sent for after this had happen'd, and he found the Prosecutor was attended with Convulsion Fits, and was in one when he came to the House, and continued Ill for 9 or 10 Days after, and that he saw Marks of Violence upon her, that she had a Tumour in her Throat, which he suppos'd might be caus'd by pinching; that it grew to a very hard Swelling, and that he thought it would break. The Prisoner deny'd the Fact, and call'd some Persons. Anne Ashley depos'd, That the Prosecutor was brought to her House that Evening, that there was a great Uproar, that her Door being open, she was led in, and there was a great many Persons, Men and Women, and that she said a Man had dragg'd her into Kingston-Lane , but she did not hear her say he had ravish'd her, and she was not willing to ask her the Question; that she look'd round her, and her Clothes were not dirty; others said it was a very dirty Lane, and it had been a very rainy Day, that Day, till 3 o'Clock in the Afternoon; and Kingston-Lane is a very dirty Lane, others said, on the other hand, that the Lane was passable enough, and however that there were rising places in it that were dry. Anne Cox depos'd, That the Prosecutor told her as she call'd in at her Mother's House, in the Forenoon of that Day the Fact was said to be committed, that her Throat was sore . The Prisoner call'd some Persons to his Character; and after a full hearing of the Matter, the Jury acquitted him. George Beavis , of St. Giles's Cripplegate , was indicted for feloniously stealing 145 Guineas, 15 Broad Pieces, 3 twenty Shilling Pieces, a 4 Pistole Piece, two Watches, divers Gold Rings, a Silver Tobacco Box, and other Goods, in the Dwelling-House of Samuel Gillum , the 8th of September last. It appear'd by the Evidence, That the Prosecutor was Uncle to the Prisoner, who took an opportunity while his Uncle was abroad to get into his House, and stole the Money, &c. The Prisoner did not deny the Fact. it being plainly proved, and the Jury found him Guilty of the Indictment. Death . , of St. Michael Bassishaw , was indicted for feloniously stealing 174 Pewter Plates, value 7l. the Goods of John Shorey and Samuel Ellis , the 6th of this Instant October . It appear'd by the Evidence, That the Prisoner being Journeyman to the Prosecutor, took the Goods, part of which were found where he had pawn'd them; the Fact being plainly prov'd, the Jury found him Guilty of the Indictment. [Transportation. See summary.] Thomas Short , of Christ-Church, in the Ward of Farringdon Within , was indicted for feloniously stealing a Silver Spoon, value 10 s. the Goods of Coningsby Kerwood , the 19th of August last. It appear'd by the Evidence, that the Prisoner coming into the Prosecutor's House to drink a Gill of Wine, and being in the Kitchin, took the Spoon, and went away with it; but it being presently miss'd, he was pursued, and taken with the Spoon in his Pocket. The Fact being plainly proved, the Jury found him Guilty of Felony. [Transportation. See summary.] Thomas Ruffiter , of St. Michael's Cornhill , was indicted for feloniously stealing a Cloth Cloak, value 10 s. the Property of George Conyers , the 11th of September last. James Hughs depos'd, That the Prisoner came to the Union Coffee-house , and went to the Pegs where Gentlemen hang their Cloaks, took the Cloak off from the Peg, and went away with it; but being pursued, was taken with the Cloak. The Prisoner did not deny the taking of the Cloak, but pleaded, he was disorder'd in his Senses; but that did not avail him, it not appearing he was so when he committed the Fact, the Jury found him Guilty to the Value of 10 d. [Whipping. See summary.] Mary Cornwall , of St. Botolph's Bishopsgate , was indicted for privately taking a Silver Watch, value 3 l. from the Person of , the 9th of September last. The Prosecutor depos'd, That he being in the Room of one Mrs. Fletcher's , up one Pair of Stairs, she being gone out, the Prisoner came into the Room, gave him a punch on the Stomach, pull'd his Watch out of his Pocket, and ran away; that he rose up, and ran down Stairs after her, but his Foot slipping, he fell, and she having the start of him, and he having hurt his Foot, got clear off with it. Alice Latimer , depos'd, That she met the Prisoner running down Stairs with a Watch in her Hand, and the Prosecutor following her. The Fact being plainly proved, the Jury acquitted her of privately taking, and found her Guilty of the Felony to the Value of 10 d. only . [Transportation. See summary.] Stephen Mallard and George Reeves , of St. James's Clerkenwell , was indicted for feloniously stealing an Iron Bar, value 20 d. the Property of Simon Mitchell , Esq ; the 8th of September last; the Fact being plainly prov'd, the Jury found them Guilty to the Value of 10 d. [Transportation. See summary.] Elizabeth Danbury , of Hammersmith , was indicted for feloniously stealing divers Goods, in the House of Edmund Turner , the 11th of April last. It appear'd by the Evidence, That the Prisoner was intrusted to look after the Prosecutor's House, while the Family was absent, and that she took several Things, and pawn'd them; the Fact being plainly proved, the Jury found her Guilty to the Value of 10 d. Thomas Pace , of St. Leonard Shoreditch , was indicted for feloniously stealing a Perriwig, value 10 s. the Goods of John Weston , the 28th of September last. But it appearing by the Evidence, that the Prosecutor was very drunk at the time when he charged the Prisoner with taking away the Wig from him, so that he did not know what he did, and that he might very probably lose the Wig, and deposing several Circumstances that rendered it improbable that he should take the Wig; and he having a good Character given him, the Jury acquitted him. Dorothy Thompson , of St. Ann's Westminster , was indicted for feloniously stealing 4 s. 6 d. the Money of John Horn , the 29th of September last; but the Fact not being prov'd to the Satisfaction of the Jury, they acquitted her. John Griffin , of St. Sepulchres , was indicted for feloniously stealing 3 Iron Bars, value 2 s. 6 d. the Goods of George Lloyd , the 3d of August last; but the Proof of the Fact upon the Prisoner not being to the Satisfaction of the Jury, they acquitted him. Jane Lane and Phillis Miller , were indicted for feloniously stealing a Pair of Stays, value 35 s. and other Goods, in the Dwelling-House of Hannah Leach , the 29th of September last; the Fact not being plainly prov'd against Miller, she was acquitted , but found Lane Guilty of the Indictment. [Transportation. See summary.] Mary Boar , of St. Botolph's Aldgate , was indicted for feloniously stealing a Silver Tankard, in the Dwelling-house of William Hunter , the 13th of this Instant October . It appear'd by the Evidence, That the Tankard was hid in a Rabbit-loft belonging to the Prisoner, in a Hole between the Floor and the Cieling; but there being no Proof that the Prisoner took it, or knew any thing of it, and there being a Communication, by a Trap-Door out of another House, into that Garret, and she also having a good Character, the Jury acquitted her. Benjamin Clark , jun. and John Willis , of St. Leonard Foster-Lane , were indicted for feloniously stealing 2 Gowns, 2 Petticoats, Stays, and other wearing Apparel, the Goods of Mary Mare , in the Dwelling-House of Benjamin Clark , sen. the 23d of August last. It appear'd by the Evidence, That the Prosecutor left a Trunk of Goods in the Prisoner's Father's House, and that they were taken away by the Prisoner Clark; and that some of them were pawn'd by Willis; the stealing of the Goods was plainly prov'd upon Clark, and also by his own Confession; but no Evidence of Willis's having any concern in the stealing them, but that of Clark, who would seign have fix'd that upon him; and he producing Evidence, that he accidentally meeting the Prisoner(Clark) with the Goods in a Bag, and going in to drink, he said, he had no Money to pay the Rechoning , he gave him 2 Gowns and Petticoats to pawn for 41 s. which Money, he said, he wanted, he telling Wills they were his Wife's Clothes, saying, if he would pawn them for him, he would pay the Reckoning, which was half a Crown, and that he not borrowing more than 35 s. he would have them fetch'd again, which rather than have the Trouble of doing, he gave (Clark) 6 s. more out of his Pocket, upon his Promise of paying him again. This being proved to the Satisfaction of the Jury, they acquitted Wills; but the Fact being plainly proved upon Clark, the Jury found him Guilty to the Value of 39 s. [Transportation. See summary.] Elizabeth Durant , alias Tanner , was indicted for privately stealing 6 Silk Handkerchiefs, in the Shop of Mary Smith , the 1st of this Instant October . It appear'd by the Evidence, that the Prisoner came to the Prosecutor's Shop under pretence of buying a Handkerchief, and took an opportunity to steal 6, which were found in her Petticoat that was pinned up; the Fact being plainly proved, the Jury found her Guilty to the Value of 10 d. [Whipping. See summary.] , of St. Michael Cornhill , was indicted for picking the Pocket of John Bower of a Linen Handkerchief , the 5th of this Instant October ; the Fact being plainly proved, the Jury found him Guilty to the Value of 10d. [Transportation. See summary.] Mary Vaughan , alias Dyer , and Sarah Dyer , of St. Sepulchres , were indicted for privately taking from the Person of Benjamin Thatcher , a Coat, Waistcoat, Hat and Wig, Shoes, Tobacco Box, and 17 s. in Money , the 13th of this Instant October . Benj Thatcher depos'd, That being much in Drink, he met Susannah Addison , but could not say where it was he met with her, and that he was carried by her, as he found the next Morning, to the Prisoners House, and be there found himself stripp'd, and left in a manner naked, but did not know who Robbed him; but getting a Warrant for Susannah Addison, she before Alderman Billers confess'd how he was Robbed. Susannah Addison depos'd, That she met the Prosecutor in Sea-Coal-Lane, near Fleet-Ditch, and carried him to the Prisoners House, that he was very much fuddled, and there they drank Drams, and that she left him below, and went up to Bed, and the next Morning she heard him cry out he was starv'd, and found him sitting upon the Stairs almost naked, having nothing on but his Breeches and Stockings; and that she saw Sarah Dyer coming out with the Clothes, saying to her Mother, she was going to carry them to pawn; that her Mother made answer, I have hid the Tobacco Box in the Shoes in the Cellar, and that Sarah Dyer said she had put the 17 s. in the Chest of Drawers. The Constable depos'd, That Susannah Addison being taken up, and carried to the Compter, desired to be made an Evidence. Mr. Hether depos'd, That going to the Prisoners House, they searching in the Cellar, did there find the Shoes and Tobacco Box hidden under some Rubbish. Mary Vanghan deny'd that the Prosecutor and Addison were at her House, or that she knew any thing of this Clothes, Shoes, &c. and said, that it was not at her House that the Prosecutor was found the next Morning, it being on a Pair of Stairs that are common to her House and the next, there being but one Door to two Houses; that in the Morning when she found the Prosecutor in that Condition, she took him in, made a Fire, and sent for his Wife to bring him some Clothes. Sarah Dyer also deny'd her knowing any thing of the Matter. They call'd some Persons to their Reputation, and the Matter depending purely on the Evidence of Susannah Addison , the Jury acquitted both the Prisoners. Charles Tisdel , of St. James's Clerkenwell , was indicted for feloniously stealing 1000 lb. Weight of Linen Rags, a Pair of Scales, and Iron and Leaden Weights, in the Warehouse of William Atkinson ; which Fact being plainly proved, the Jury found him Guilty to the Value of 4s. 10 d. [Transportation. See summary.] Robert Stader , of Christ-Church, Spittle-Fields , and Thomas Stader , of White-Chapel , were indicted, the former for feloniously stealing 8 lb. of Bengall Silk, value 4 l. the Goods of Stephen Sydenham , the 17th of September last. It appear'd by the Evidence, That Robert Stader being a Covenant Servant to the Prosecutor, took the opportunity of carrying away Bobbins of Silk a Nights when he went from Work; and having got the Silk wound off, did bring back the empty Bobbins in the Morning to make up the Number of Bobbins delivered out to him to throw; and that the Prosecutor finding a Bale of Silk fall short, and suspecting the Prisoner, search'd his Father's House, where he found three full Bobbins in a Box, of which Thomas Stader , the Father, had the Key; the Fact being plainly prov'd, the Jury found them Guilty to the value of 4s. 10d. [Transportation. See summary.] Charles Steward , of St. Mary le Bone , was indicted for stealing a Cock and Hen, value 10s. the Property of William Watson , the 15th of July . Walter Lloyd depos'd, That the Cock and Hen were in a Garden where the Prisoner and four others were, that the Cock and Hen was then there, and when they were gone, the Fowls were missing, but he could not charge it upon the Prisoner; there being no good gound for the Indictment, as well as no Proof against the Prisoner, the Jury acquitted him, and order'd him a Copy of his Indictment. William Macguy and Jane Dalloon , alias Macguy , were indicted for feloniously stealing divers wearing Apparel, a Silver Watch, &c. in the Dwelling-House of John Gardener . It appear'd by the Evidence that Jane Dalloon being Servant to the Prosecutor, and going away early in the Morning, carried away the Goods, and was married in one of the Suits of Apparel, and afterwards sold some of the Goods in Rag-Fair; the Fact was plainly prov'd against the Woman, the Jury found her Guilty to the value of 39s. but there being no Proof of her new Husband's being privy to the stealing of the Goods, he was acquitted . Ellis Tuner , was indicted for feloniously stealing a Duroy Waistcoat and Breeches, value 3s. the Goods of James Cheshire , the 30th of July last; but it not appearing that the Prisoner took them with a felonious Intent, the Jury acquitted him. Arabella Lewden , alias Rogers , was indicted for stealing a Linen Sheet, in her Lodging ; but no Body appearing against her, she was acquitted . Anne Woolley and Hannah Nichols , of St. Clement's Danes , were indicted for feloniously stealing divers Goods , the Property of Elizabeth Davis , the 1st of August last; but no Body appearing against the Prisoners, they were acquitted . James Williamson , of St. Ann's Westminster , was indicted for stealing a Pair of Shoes , the Goods of John Warden , the 22d of September last; but no Body appearing against the Prisoner, he was acquitted . Margaret Starling , of St. Martin's in the Fields , was indicted for feloniously stealing a Silver Tea Spoon, value 2 s. the Property of John Swanson , the 11th of September last; but the Fact not being proved to the Satisfaction of the Jury, they acquitted her. Anne Johnson , of St. Mary White-Chappel , was indicted for feloniously stealing a Gown, value 10 s. the Goods of Patrick Scully , the 2 d of this Instant October; but the Jury not thinking the Proof against the Prisoner sufficient, acquitted her. Elizabeth Atkins , of St. James's Westminster , was indicted for stealing Goods of Hannah Price , the 10th of this Instant October ; but no Body appearing against her, she was acquitted . Mary Compton , alias Davis , of St. Margaret's Westminster , was indicted for stealing a Shirt, the Property of John Fox , the 3d of this Instant October ; but the Evidence not being sufficient to Convict her, she was acquitted . Katharine Cannon and Mary Watson , of St. Giles's in the Fields , were indicted for privately stealing a Silver Watch, value 4 l. the Property of Gabriel Burdier , the 30th of August last. The Prosecutor depos'd, That he meeting Katherine Cannon in the Hay Market, they went to drink at one Austin's, in Monmouth-Court, that Mary Watson bringing in Geneva, sat down by him, that he laying his Watch on the Table, Cannon ran away with it; the Fact was plainly prov'd that they were both concern'd in taking the Watch, the Jury found them both Guilty to the Value of 10 d. each . [Transportation. See summary.] Rachel Levi , of St. Botolph's Bishopsgate , was indicted for feloniously stealing a Guinea , the Money of Isaac Deacon , on the 13th of this Instant October . The Prosecutor depos'd, That he had lost 16 Guineas, being in Company with the Prisoner, and telling his Money, the Prisoner put her Hand under his Arm, and took a Guinea, and put it in her Sleeve, and that it was taken from her by Mr. Brown. Prichard Brown depos'd, That as they were going along Bishopsgate-Street, the Prosecutor being Drunk, the Prisoner and another, who has since absconded, took him one by one Arm, and the other by the other, and led him to their Lodging in Old Bedlam , in an Alley, and there the Prosecutor pulling out his Money for what they had, the Prisoner did take up a Guinea and put it in her Sleeve; but she gave it to him (this Evidence) saying, she took it to be but a Halfpenny; and that the Prosecutor being very drunk, he could not get him home, and he leaving him there, he lost 16 Guineas. Mary Butler depos'd, That the former Evidence coming to her, she living near the Prisoners , and he wanting a Candle, and telling her that his Friend had a great deal of Money, and they had got a Guinea from him, she said, he should take Care they did not take the rest; that he answer'd her, that it was no Matter if he did lose all his Money, it would make him take Care how he went a Whoring again, and that he said he could alledge nothing against the Prisoner, but that his Friend had given her a Guinea instead of a Half-penny. The Prisoner pleaded, The Prosecutor gave her the Guinea instead of a Half-penny to buy a Candle, and that he had it again; that the other Person who got the 16 Guineas was gone off, and so the Prisoner was acquitted . Elizabeth Hickman , of St. Andrew's Holbourn , was indicted for breaking the House of Thomas Lovet , the 19th of September last, and feloniously taking two Bags, value 2 d. 6 Guineas, and 5 s. in Silver , the Property of the said Thomas Lovet. The Prosecutor depos'd, That in the Morning he found his Door open, which he was sure was Lock'd the Night before, and that his Money was gone, which lay in a Drawer in a little Scrutore; that he found some Person had come in at the Sash-Window in the Yard, the Blind being thrown in the Middle of the Yard, but did not know who had done it, till complaining to Mr. Little, his next Neighbour, he told him, that his Servant, Elizabeth Hickman , had come to him the Night before at about 11 o'Clock, and desired him to let her go through his House and Yard to go to her Master's House, she having said out late, and not being willing to disturb the Family; that he did let her in, knowing that she was his Servant , but not knowing that she was discharg'd from his Service, which she had been but a few Days before; and that the Constable, who apprehended her, gave him the Bag, in which the Silver was; that he having been inform'd that she kept Company with some Hampstead Coachmen, made enquiry after her, and she was apprehended. Thomas Richards , the Constable depos'd, That he apprehended her drinking in an Alehouse at Hampstead, and the Bag in which the Prosecutor's Silver was lying under the Bench, just by where the Prisoner sat; that enquiring of the Landlord, he told him, she had just paid the Reckoning, and had given him a Guinea to change; that sh e did afterwards confess, that the Guinea was her Master's, and that she had taken the Money, and that she went the Night after she had committed the Fact with some Coachmen to a Night-Cellar in St. Giles's, and did spend 3 l. in Punch. Mr. Little depos'd, That the Prisoner knock'd at his Door between 10 and 11 o'Clock, and said, she liv'd at the next Door, desiring him to let her go through, which he did, not knowing that she was gone away from the Prosecutor's Service; that he saw her in his Yard, and some of the Pales that parted his Yard from the Prosecutor's being broken down, she went (as is suppos'd) to the Prosecutor's House. Thomas Atkins depos'd, That when the Prisoner was apprehended the next Morning, she had but 22 s. of the Money left; and being examined what was become of the Remainder of the Money, she said, she had spent 3 l. in Punch over-against St. Giles's Church, and that she had given the Man of the House a Guinea to conceal her in his House that Night, he knowing she had stole the Money from her Master. The Fact being plainly proved, the Jury found her Guilty of the Felony, but acquitted her of the Burglary . [Transportation. See summary.] and Thomas Rivers , of St. Botolph's Aldgate , were indicted for burglariously breaking the House of Nicholas Fenwick , Esq ; and stealing divers Pieces of Plate to the Value of 85 l. 19 s. Holland Shirts, value 20 l. and other Goods of the said Nicholas Fenwick , Esq; the 8th of September last. Mr. Fenwick depos'd, That on the 7th of September last, at Night, his House was made fast, the Door lock'd, &c. and about Two o'Clock in the Morning his Wife waked him, telling him, she heard a Noise or Bustling, in the House; that he listened for some time, but not hearing any Noise he went to Sleep again; that in the Morning his Servant John Trotman told him that the House had been Robb'd, that going to the Beaufet , and the Corner-Cupboard, he found the Plate was taken away, that going into a Back-Parlour, which they seldom went into, he found the Window open; but observing it, and perceiving no force to have been used to open it, he guess'd it must be done by some of his own Family, he suspected his Footman, and one of his Maids, but enquiring among their Friends, found them honest People, and having no Proof against them, they were not committed to Prison, but permitted to stay in his House. And having advertis'd his Plate, he had Intelligence where some of it was, and finding that it had been pawn'd by Thomas Rivers , he got a Warrant, and searching his Lodging, found a Letter sent by C - J - directed, To Thomas Rivers , Glover, in Guy's-Court, in Vinegar-Yard, in Drury-Lane, in which were these Words. Dear Tom, Let me see you at Seven o'Clock to Morrow Morning, at the Postern-Spring , Tower-Hill, be sure. C - J - That there was a Bundle of the Linen found in Rivers's Lodging , and the Plate in a Box at the White-Horse-Inn in Fleet-Street, by the Information of John Girst ; that Rivers had one of his. (the Prosecutor's) Shirts on his Back when he was apprehended. Charles Burket depos'd, The Shirt was taken off of Rivers's Back at the Justice's House, and that John Girst had another of the Prosecutor's Shirts on when he was taken; and that some of the Prosecutor's Lace was taken out of Rivers's Breeches. Henry Grub , the Pawn-Broker, depos'd, That on Tuesday, the 8th of September, Rivers brought him 56 Ounces of Plate about 1 or 2 o'Clock, and he let him have 13 l. upon it; that he sent to enquire of his Landlord and Landlady, that the Prisoner told him he kept a Wine Vault; that upon the Advertisement he got a Warrant to apprehend him. John Girst depos'd, That on Friday in the Afternoon, before the Robbery was committed, a Letter came directed to Thomas Rivers from the Prisoner to meet him; that he opened the Letter, and read it to him; that the Prisoner went, and came back by Noon, and said it was a very handsome House; that he afterwards went with Rivers to meet C - in East-Smithfield, that there was a Candle brought, and he refus'd it; that they having drank there, went away, and stood and talk'd at the Corner of a Street, and C - said to Rivers, he must bring some Body with him, and Rivers ask'd C - whether he should bring him (this Evidence) with him? he reply'd, That he might as well bring him as any Body else; that this was on Sunday in the Evening, that he and Rivers (both Lodging in the same House) went to the Prosecutor's House on the Tuesday Morning following about Two o'Clock, and there they found the Prisoner standing in his Shirt with the Door a jarr, peeping out, that they went in, that C - opened the Door of the Beaufet , and there was a Candle burning in a Silver Candlestick, and C - took out the Plate, and set it on the Carpet on a Table, and then went and fetch'd out the Napkins and Linen out of the Buroe, and the Lady's Lac'd Head; and serch'd the Tea Equipage, and 2 Silver Canisters , and Rivers bundled them up; he and Rivers carried the Goods to Rivers's Lodging in Guys-Court in Vinegar-Yard, at Mr. Williams's, a Chairman, and Rivers having pawn'd some of the Plate, they went out of Town the next Morning to Oxford, carrying the Plate thither, but came to Town again on the Saturday, and brought it back, and left it in a Box at the Inn in Fleet-Street. Sarah Williams depos'd, That C - came to her House about the Middle of the Day on Tuesday the 8th of September, to ask for Rivers, and ask'd, if himself could have a Lodging in her House? Nathaniel Brown depos'd, that Rivers brought a Silver Cup, shree Castors, &c. and he would not take them in without a Character . John Holland depos'd, That the Sunday before the Robbery, the Prisoners and Girst came to her House; that C - came about 6 o'Clock, to ask, if two Men had not been to enquire for him, and about an Hour after Rivers and Girst came, and C - came again, and she brought them a Candle , and C - refus'd to have it. The Fact being plainly prov'd, the Jury found Rivers Guilty of the Indictment. Death . But as to C - , they brought their Verdict in Special . Mary Richards , alias Dewd , alias Devedy , alias Meercliff , of St. Andrew's Holbourn , was indicted for feloniously uttering and vending one Deer-Skin dress'd, and stamp'd with a false counterfeit Stamp, knowing it to be forg'd and counterfeit . She was likewise indicted a second time for feloniously offering to Sale 6 Sheep skins, mark'd with a false counterfeit Stamp, knowing the Stamp to be Counterfeit . It appear'd by the Evidence, that the Prisoner did sell one Deer-skin mark'd with a counterfeit Stamp; but it not being proved that she knew them to be false and counterfeit, she was acquitted . Mary Hall , alias Stanley , alias Sullivan , was indicted for feloniously stealing a Pair of Diamond Ear-Rings, value 25 l. from the Person of Matth.ias Knegg , and Mary Harvey , alias Machieg , and Isabel Eaton , alias Gwin , for receiving and harbouring the said Mary Sullivan , and receiving the said Goods, knowing them to be stolen . John Vanderwest depos'd, That about 2, 3, or 4 Months ago, he could not be certain as to the time he was with the said Matthias Knegg at Mrs. Eaton's at the Crown Tavern , and that he pull'd out a Pair of Diamond Ear Rings, and they were put into Mrs. Eaton's Ears, but the said Matthias Knegg had them again, and he put them into his Breeches Pocket; that Mary Sullivan was there, and went into a private Room with him, and when he came out again, he said, he had been Robbed by her of his Rings, that Sullivan being too quick for them, got away, and he got a Warrant from Justice Lambert to take her up; that Matthias Knegg went several times to have got the Rings again, but could not meet with Sullivan, she absconding . Mary Watson depos'd, That Sullivan was Lock'd up in Mary Harvey 's House, and that the German, Matthias Knegg, came several times about the Rings, and that Harvey said he should have them again for ten Guineas; that she attending upon Sullivan, as she was walking about the Room, she held out her Fingers, saying, had she but the Money that she had div'd with them Fingers, she would soon leave England; but of all the Pockets that ever she had picked, she had met with name like the German's, for he had knocks in them that had even her Fingers; and that Sullivan said she wished Moll Harvey was at the Devil, because she did not deliver the Ear-rings, that she might have her, Liberty. Jacob Lebat desired that Mr. Knegg should take up Sullivan for stealing his Ear-rings by a Warrant from Justice Lambert; but Mary Harvey came with a Mob, and rescued her: The Prisoners denied the Fact, and called some Evidences, who depos'd, that the Prisoner had given the Ear-rings to Mary Sullivan , upon which the Jury acquitted the Prisoners. Hugh Morris , Robert Johnson and James Bryan , alias Brien , alias Obrien , of St. Mary le Savoy , were indicted for assaulting Jane Kidd on the King's Highway, putting her in fear of her Life, and taking from her one Gold Ring, set with Diamonds, value 15 l. 15 s. one Diamond Ring, value 4 l. one Gold Ring set with a Ruby, value 3 l. one other set with a Garnet, and with Diamonds, other Goods, one Guinea, and 6 s. 6 d. in Money , the 18th of July last. The Prosecutor depos'd, That she being in a Coach about 3 o'Clock in the Morning, over-against the Savoy-Gate , the Coach was stopp'd, and she saw five Men, two of which came one on each side of the Coach, and put in Pistols, and one of them came into the Coach, and cut off her Pocket, in which was at Snuff-Box, in which were the Rings; but she could not swear to their Faces, tho' it was then Day-light; but did believe that Obrien was one of them that held a Pistol into the Coach. Bernard Fink depos'd, That they went out together the Night before to Rob, and meeting with the Coach, William Yates , alias Warrington , stopp'd it, having Robb'd a Gentleman before; that there were 2 Gentlewomen in the Coach, and James Obriens and Hugh Morris put Pistols into the Coach, and bid them deliver, and open'd the Coach Door, and he (this Evidence) went in, and cut off the two Ladies Pockets, and having took the Things out of the Pockets, they flung the Pockets away into Lincoln's-Inn-Fields , and the Things were distributed among them, and that the Prisoners, and the others, had each of them a Ring, which they wore on their Fingers when they went to Windsor; that Johnson had a Ring with one Stone, and 6 Sparks round it; that Brian had a Ruby Ring with 2 Sparks on each Side; and Morris had a green Stone, which he lost upon the Road to Windsor; that this was on Saturday about 3 o'Clock in the Morning, and one Ring was given to Johnson's Wife to pawn, and was pawn'd the same Day, and he (this Evidence) had two Guineas for his Share of a Watch that was sold, and the Ring was sold for three Guineas and a half. William Yates, alias Warrington depos'd the same that the former Evidence had done, and added, That while they were Robbing the Coach, three Soldiers coming along, they went to them, and presenting their Pistols, and threatning to shoot them through the Head if they offer'd to molest them, they turned down a turning by the Savoy. The Prisoners denying their being present at the Commission of the Robbery, he added, That they were all there, that they had been together almost all that Day, and had been drinking at the King's-Head near Brook's-Market, and afterwards at a Coffee-house in Covent-Garden, that they had Robb'd three Gentlemen before. John Smith depos'd, That Mr. Poplet came to borrow a Pair of Pistols, in order to pursue some Rogues that had Robb'd at Hockley in the Hole; that arriving at Windsor, they saw Morris and Bryan in Prescot-Street , just going into an Inn, that each of them had a Pistol in his Pocket; that seizing them, Morris would have been made an Evidence, and told him , that the other three were at Datchet ; that then he sent Poplet to Datchet to secure them, while he said to secure the other two. - Poplet depos'd, That he went to Datchet, and getting Assistance , going to an Inn , enquir'd for the Prisoners, but the Landlord deny'd them; that going up Stairs, they broke open a Door, and found Warrington , Johnson and Fink all in Bed together, with their Breeches under the Bolster, and-two Pistols loaded lay between the Breeches and the Bolster; that they apprehended them, and found the Rings upon their Finger, according to the former Evidence. The Prosecutor depos'd, That those were the Rings of which she had been Robb'd. The Prisoners deny'd the Fact, and their being in Company with Fink and Warrington ; and Obrien call'd several Evidences, who depos'd, That Obrien was at Home at his Father's House, at the time the Fact was committed . Richard Hasper depos'd, That the Prisoner Obrien invited him to Supper that Friday Night, it being his Birth-day, that he was there from 10 to 3 in the Morning. Thomas Clements depos'd be same the other had done. Ferrers Obrien , the Prisoner's Father, depos'd the same; but being ask'd by the Court, how he knew it was the time when the Robbery was committed, said it was the Friday Night, the 17th Day of the Month, but could not tell what Month it was. Bridget Obrien depos'd, That she saw him go to Bed the 17th of July, having been at Supper, and a Merry-making, till between 9 and 3 o'Clock the next Morning. Elizabeth Felton depos'd, That she had also supp'd that Night with the Prisoner, that they had been drinking Scotch Ale very freely, and the Prisoner Obrien went to Bed very much fuddled at 3 o'Clock in the Morning, and then the Prisoner's Father went home with her. Mary Jones depos'd, That as to the Ring that Bryan had, she lent it him, that it had been given her by Warrington that Saturday Morning about 8 o'Clock, and half an Hour after she lent it to Bryan for 2 or 3 Days, he being going to Windsor; but the Jury not giving credit to these Evidences, the Jury found them all three Guilty of the Indictment. Death . These Prisoners were also indicted a second time for taking a Pocket, and 4 s. in Money, &c. from Margaret Lecroy at the same time. This Prosecutor being in the Coach with the former, the Evidences to this Fact were the same as to the former; the Fact being plainly proved, the Jury found them all Guilty of this Indictment likewise. They were all three indicted a third time for Assaulting and Robbing Abraham Reynardson , Esq ; and taking from him a Silver-hilted Sword, a Gold Watch, a Gold-headed Cane, and 6 s. in Money , the 16th of July last. The Evidences to this Fact were the same as to the others. Mr. Reynardson depos'd, That as he was walking Home near the Turnstile in Holbourn , two pass'd by him, and the third turn'd up on him, and collaring him, the rest came back again, and Robbed him of the Things mentioned in the Indictment. Warrington depos'd, That the Prisoners and Fink, with himself, committed the Robbery; that himself and Johnson pass'd the Prosecutor, and Bryan collar'd him, and put a Pistol to his Head, and Morris was a little way behind; that Bryan took the Watch, and Fink took the Money out of his Pocket, and Johnson his Silver-hilted Sword and Cane. Mary Warrington depos'd, That Huky Morris came to her House the Morning (before they were taken up on the Sunday) at Four o'Clock, and all the three Prisoners were there, and also Fink and her Husband; and her Husband gave her a Gold Watch, and a Gold-headed Cane, and that about 7 or 8 o'Clock they came again, and shew'd her 4 Diamond Rings, and Bryan had 2 of them; they told her they were going to Windsor to fetch a Wife of Bryan's, and she saw them get on Horseback. The Fact likewise being plainly proved, the Jury found them Guilty of this Indictment also. Hugh Morris and John Budget , of St. Martin's in the Fields , were indicted for breaking the House of Margaret Walton , in the Night-time, and stealing 41 Linen Aprons, and 40 Silk Handkerchiefs , the Goods of Elizabeth Justee , the 12th of June last; part of the Goods stolen being found upon Morris, he was found Guilty of Felony ; but there being no Proof against Budget but the Evidence of Fink the Accomplice, he was acquitted . John Williams , of St. Andrew's Holbourn , was indicted for the Murther of Joseph Hastings , by giving him several mortal Bruises with an Unicorn's Horn, the 17th of August last, of which Bruises and Wounds he languished till the 28th of the same Month, and then Died . He was likewise indicted a second time, on the Coroner's Inquisition, for the feloniously staying she said Joseph Hastings . John Drew depos'd, That the Prisoner came into the Skettle-ground, with the Unicorn's Horn in his Hand, and said to him, Drew, this would knock a Man down of an Hundred a Year; and the Deceas'd (who was the Owner of the Horn) said to the Prisoner, I desire you would carry my Property where you had it; and added, that he had been bid more Money for that Horn, than any Man at the Ground had in his Pocket; that upon this the Prisoner call'd him fancy Son of a B - h , and told him, he deserved to have his Head broke with it; to which he reply'd, if he did, he should pay dear for it; and then he struck the Deceas'd with the Horn upon the Stomach, and push'd him on the Jaw with the End of it, and the Deceas'd fell down (as he supposes) against a stump that was in the Skettle-ground, and afterwards struck up his Heels; that then the Deceas'd said, you Son of a B - h what do you do this for, I will make you pay dear for it; that then he hit him again, and while he was on the Ground, he hit him with the Horn, that then the Horn being taken out of his Hand, he fell a jumping upon him, and kicking him as he lay upon the Ground, upon his Breast, Belly, and Members, giving him a great many Kicks, he knew not how many; that the Deceas'd lay with his Eyes shut for about the space of two Minutes. Charles Wentworth depos'd to the same Purpose as the former Evidence had done, adding, That he had never seen so vile and barbarous a Thing done in his Life; that afterwards they got the Deceas'd out of the Ground, and he went away in a very bloody Condition, and shut the Prisoner in, to keep him from following the Deceas'd; that he went several times to see the Deceas'd after, and he always complain'd that he was very Ill, that he was not able to lift himself up; that he had been bruis'd very much, and that he saw him after he was Dead, and found his Head had been broke, and his Head and Face bruis'd in five places, and that his private Parts were bruis'd, and look'd like a piece of Neck-Beef. John Hamilton depos'd, That he saw the Prisoner bring the Horn into the Skettle-ground , and he ask'd the Deceas'd, if he would sell it, and he answer'd, he would not, and desir'd him to give him his Horn again, that the Prisoner said, he would not, upon which the Deceas'd said, he would make him give him his Horn; whereupon the Prisoner said, he was a fancy Son of a B - h, and if he spoke two Words more he would knock him down with it, and drove the Horn to his Neck, and struck up his Heels, and he fell against a Brick-Wall, that he lay about two Minutes, or two Minutes and a half as if dead, and then open'd his Eyes, and said, am I to be beat thus by such a Son of a B - h as you; that then the Prisoner flew to him, and then the People of the House came out of the House, and took the Horn from him, and then he kick'd the Deceas'd on the Belly and Stomach. The Deceas'd's Wife depos'd, That when her Husband went out that Day, he was in perfect Health, as ever he was in his Life to her Knowledge; that he came Home in a sad Condition, violently bruis'd and bloody; that he always complain'd of his Head, and his Stomach, and always imputed his Illness to the Injury he had receiv'd from the Prisoner, and to nothing else; that his Head was broke, the Mark of a Foot on his Face, and a Bruise the side of his Neck and Throat. Mrs. Waller depos'd, That she look'd after the Deceas'd in his Illness, and he was much Bruis'd, and continually cry'd out of his Head and his Stomach , and said, the Prisoner had kill'd him. James Waller depos'd, That he being a Neighbour, visited the Deceas'd, and he said to him, that if he did Die, he should Die of the Wounds the Prisoner had given him. Mr. Smith, a Surgeon, depos'd , That he being order'd by the Parish to attend the Canoner , he view'd the Body, and he really believ'd the Contusions the Deceas'd had received on the Head, Back, Stomach, and Scrotum , were the Cause of his Death, and that he was present when his Body was open'd, and one of the Surgeons putting his Hand under the Bowels, took out a handful of Blood . - Hastings, the Deceased's Brother, depos'd, That he going to see the Deceas'd, he said, he was not able to draw his Breath , nor could not lie in his Bed for a violent Pain in his Breast, and desired him to take up the Prisoner, saying, if he Died, he laid his Death to him, for that he had still'd him by the Kicks and what he had given him on the Stomach, and other Places. The Prisoner in his Defence pleaded, That the Beginning of August he had an Ague, that going to drink a Pint of Beer, he met with a Friend, and he advis'd him to drink a Pint of Geneva, and seeing the Horn, he took it into his Hand, and went into the Skettle-Ground, and ask'd the Deceas'd, what he would have for it? That he answer'd him, It was worth more Money than he had in his Pocket. That he bid him three Pence for it, that thereupon the Deceas'd damn'd him several times, and call'd him Son of a Bitch, and lifted up his Hand with the Bowl in order to throw it at him, and he pushing him off, he fell down against the stump , and broke his Head; to prove which he call'd the following Evidences. Robert Linsey depos'd, That the Deceas'd came into the Ground with the Horn in his Hand, and some old Clothes , and he gave it the Landlord to carry in; and the Prisoner coming in, took up the Horn, and went into the Ground, and the Deceased said he had been bid for that Horn by Sir Hans Sloane , more Money than any Body in the Ground had in their Pockets; that the Prisoner thereupon told him he was a fancy old Fellow, and deserv'd to have his Head broke with it, and if he spoke any more he would break it; that the Deceas'd reply'd, that if he did he should pay dear for it, and he gave him a push, and he fell backwards; and Mr. Morris came in, and the Prisoner striking at the Deceas'd, Mr. Morris warded off the Blow; that the Prisoner did kick at Mr. Morris, that he did strike up the Deceased's Heels, and that the cut on his Head was by the Fall. Thomas Morris depos'd, That he being in the Kitchen, and hearing a Scuffle, went into the Skettle-ground, and the Deceas'd was sitting with his Back against a Wall, and said, D - n you, you scoundrel Son of a Bitch, I will make you pay for this, and that Williams went to him with the Horn, and made an offer to strike; but he caught hold of the Horn, and the Prisoner push'd him against his Father, and he fell down on the Deceas'd, and tho' he did kick, he did not see him kick the Deceas'd. Richard Buckley , the Apothecary, depos'd, that he was sent for to the Deceas'd on the 27th of August, and made him up a Cephalick Medicine, and a purging Draught. This Evidence being ask'd, what he thought might be the Cause of his Death? he reply'd, It was probable it might be an Apoplexy. He being ask'd, How he found the Scrotum ? reply'd, It was something discolour'd . Noah Sherwood depos'd, That he inspected the Body, and found a Wound an Inch in length on the Hinder-part of the Head, but there was no Fracture on the Skull; that he saw'd it off, and found it in a good Condition: That as to the Scrotum, the Deceas'd had a Rapture , and by the Gut being so long, it must have come down some time, and he did not perceive any Contusion there; that as to the Contusions on his Jaw and elsewhere, they were all so slight, he did not think they were the Cause of his Death. Henry Hildip depos'd, That as to the Contusions on his lower Jaw, and on the Collar Bone, and Scrotum, and as to the Wound on his Head, it had not affected the Membrane that inclos'd the Skull, and there was no Fracture, they were all slight, and he did not apprehend that any of them were the Cause of his Death, that the reason of the Pain in his Stomach, might proceed from his Lungs, adhering to the Pleura, which it did, and as to the Blood which Mr. Sherwood took out towards his Back, under his Bowels, it proceeded from the Spleen, which broke in the Operation, rather than from any Contusion in the Back, which was but slight. The Prisoner call'd some Evidences who depos'd, That they had seen the Deceas'd abroad after the Injury had been receiv'd; and after a full hearing of the Matter, the Jury acquitted the Prisoner. William Read , of St. Dunstan's Stepney , was indicted for assaulting James Tew , putting him in fear of his Life, and taking from him 12 s. in Money , the 6th of July last. The Prosecutor depos'd, That he having been at Ratcliff to receive 40l. as he was coming to London over Stepney-Fields, he happened upon the Prisoner and two others, and one of them pretended he had lost 4l. and another that he had won half a Crown, of which another laid claim to 15 d. and they agreed to toss up which should have the whole half Crown, and would have him to hold it the mean time; that he reply'd, he was going towards London, and they walk'd with him, and the Prisoner pulled out a Pack of Cards, and was for cutting for Wagers; that one of them said his Chance should be under 4, and another said he would not play under 2 Guineas; that they importun'd him to cut, that he refus'd, saying, he had no Money; that then they said he should lay down his Ring, that he not consenting, the Prisoner said he had Money, and Money he would have; whereupon he gave him 4 s. that this did not content him, but he reply'd, he had more Money, and if he did not give it him, they would take it by Violence , and no Body being near him to assist him, he did give him 8 or 9 s. more; that he afterwards met him in Pater-Noster-Row, and charg'd the Prisoner, but he ran away, but being pursued, was apprehended in St. Martin's-le-Grand, and would have given him the 12 s. to let him go. The Prisoner pleaded in his Defence, That he had won the 12 s. of the Prosecutor, and and that the Prosecutor when he apprehended him, threatened, that if he did not give him the Money he had won of him at Gaming , he would swear a Robbery against him. Miles Rivet depos'd, That when the Prisoner was apprehended, the Prosecutor said, give me the Money you have cheated me of at Gaming, and I have no more to say to you; and if you do not, I will prosecute you, and swear a Robbery against you; and after a full hearing of the Matter, the Jury acquitted the Prisoner. John Dawson was indicted for feloniously Forging a Promissory Note of 30 l. the 10 the of August last was Twelve-months; which Note was given to John Walgrave , by Benjamin Clements , payable five Months after Date . The Prosecutor depos'd, That he having lent one Benjamin Clements 100l. he not having Money to pay him, gave him a Promissory Note to get discounted, telling him, he would pay him the Discount; that he selling into the Company of the Prisoner, and he pretending to be a Man in good Circumstances, he did speak to him about getting a Note discounted for him; that the Prisoner coming afterwards to his (the Prosecutor's) Lodging, at Mrs. Poplet's, they having Din'd together, and the Note lying upon his Buroe , the Prisoner went away on a sudden, took the Note without his Consent, Knowledge, or Privity, and did discount it, converting the Money to his own use, and ever since absconded. That the Prisoner had the Note, and did Discount it, and convert the Money to his own use, was fully proved by several Evidences; not did the Prisoner himself deny it, but pleaded, that the Prosecutor did give him the Note to get it Discounted for him, and did Indorse it to him, and call'd one Mary-Wild to prove it. Mary Wild depos'd, That she lodg'd at one Mr. West's, and she had often seen the Prisoner and Prosecutor together, that they din'd together, and had a Bowl of Punch , and she carrying it up, was desired to sit down with them, and there the Prosecutor told the Prisoner, that he had a Note of one Clement's a Parson, and ask'd him to get it discounted for him, and that the Prisoner said he would get it discounted for him in a Week's time, and desir'd that Mr. West might Indorse it as well as the Prosecutor , and he could get it discounted the sooner; that both the Prosecutor and Mr. West did Indorse it, and the Prosecutor did deliver it to the Prisoner with his own Hand. In answer to this, the Prosecutor depos'd, That he did not deliver it to the Prisoner, but the Note was stolen from off his Buroe, in the House of Anne Poplet . And as for this Evidence, Mary Wild , who depos'd, that she had seen him and the Prisoner together several times, and that he gave the Prisoner the Note at one Mr. West's, it was all false, nor had he ever seen her in his Life; but upon the whole the Jury acquitted the Prisoner . Margaret Eaton , alias Irish Peg , of St. Botolph's Aldgate , was indicted for assaulting John Cooper on the Highway, putting him in fear of his Life, and privately taking a Silver Watch, value 5 l. from the Person of the said John Cooper , the 12th of this Instant October . The Prosecutor depos'd, That as he was going along the Minories, a Woman ask'd him to give her something to pay for her Lodging, that he went along, and stopp'd to make Water, and the Woman came to him, and two Men, and threaten'd, if he did not deliver his Money, &c. he was a dead Man; and that they run him up into an Alley, and while they stood threatening him, the Woman rifled him of his Money and his Watch; but he could not Swear the Prisoner was the Woman, but he did believe she was the Woman. Thomas Clark , the Watchman, depos'd, That the Prosecutor came to the Watch-House at Tower-Hill, and said, he was Robbed of his Watch; and they stopping several Persons that came by the Watch-House, the Prosecutor staid in the Watch-House all Night, and a Person coming by, and saying, he had seen Irish Peg have a Watch to dispose of, and that she had sold it for 20 s. at one Plummer 's in Rosemary-Lane; that thereupon they went thither, and found the Watch, which Plummer depos'd the Prisoner had left with him for 19 s. and 6 d. The finding the Watch was confirm'd by other Evidences, and the Prisoner own'd her having dispos'd of the Watch, pretending she had found it; but the Fact being plainly prov'd, the Jury found her Guilty to the Value of 10 d. [Transportation. See summary.] The Trials being ended, the Court proceeded to give Judgment, as follows: Receiv'd Sentence of Death 7. George Beavis , Humphrey Belmosset, James Bryan , alias Brien, alias Obrien, Robert Johnson , Hugh Morris , Thomas Rivers , and James Rogers . Transportation 38. John Anderson , Deborah Ayres , Charles Brown , Katherine Cannon , Mary Cornwall , Benjamin Clark , Thomas Cooper , Dennis Cormick , alias Cornwick, Jane Dalloon , alias Macguy , Eleanor Davis, Margaret Dickson , Gabriel Disherman, Mary Edwards, John Fox , Richard Francis , G - C - , Elizabeth Hickman , Thomas Hitchin , Eleanor Hudson , Elizabeth Jackson , Sarah Jackson , Jane Lane, Abraham Levi, Margaret Eaton , alias Irish Peg, Anne Nailor , alias Vesper , P - I - , Anne Read , George Reeves , Stephen Mallard , Elizabeth Scott , Tho Short , Robert Stader , Thomas Stader , Charles Tisdel , Mary Watson , Thomas Wilcox , James Williamson , and James Wilson . Burnt in the Hand 6. Joseph Eyles , alias Isles, William Blakesly , Rowland Friend , John Morgan , Anne Smith , and Thomas Dourdan . To be Whip'd 3. Martha Bell , Thomas Russiter , and Elizabeth Durant . To be Sold by Richard Wam , at the Bible and Sun in Warwick-Lane , at Amen-Corner. A Very Large Quantity of Large House Bibles in Folio. To which is since added, A brief Concordance for the more easy finding out the useful Places therein contained. By J. Dow. B. D. And also for Maps of Sacred Geography. 1. Shewing the Situation of Paradise . 2. The Peopling of the World by the Sons of Nash . 3. A Plan of the holy City of Jerusalem , with a View of Solemon's Temple . 4. The Holy Land divided into 12 Tribes of I, &c. 5. The Land of Cannon . 6. The Travels of St. Paul, and the rest of the A, very nearly bound in Calves Leacher, at 1 s. 6 s. per till the whole is disposed of . Where may he had. published , 1. A curious Sett of Bible Curs; containing near 300 Histories, engraved by Mr. Scutt, bound up with the above Bible, at 2 l. 5 s per Book. Fine Paper at 2 s. 3 s. Also may be had curious Field's Bibles in Folio. 2. A Treatise of Architecture, with Remarks and Observations by that excellent Master thereof, Sebastian le Clarc, Knight of the Empire, Designer and Engraver of the Cabinet to the late French King, and Member of the Academy of Arts and Sciences. Neccessary for young People who would apply to that noble Art. Engraven on 18 s Copper Plates. By John Scott . Translated by Mr. Chambers. Price 15 s. 3. Emblems for the Entertainment and Improvement of Youth, containing and Histroglyphical Devices relating to all Parts and Stations of Life, together with Explanations and Proverbs in French, Spanish, Indian and Latin alluding to them and translated into English. The whole curiously engraved on 6 s. Copper Plates. Pr. 2 s. 6 d. 4. The Compleat Constable, directing Constables, Headboroughs, Tyching-Men, Church-Wardens, Overseers of the Poor, Surveyors of the Highway, and Scavengers, in the Duty of their Offices, according to the Power allowed them by the Laws. Price 1 s. 5. Tradesman's Guinea: Containing a List of all the Sacks-Coaches, and Carriers; with an Account of all the Fair and Market-Towns in England. Price 1 s. A Water that perfectly cures the Itching Humour in any Part of the Body, in a Short Time, having no offensive Scent: Prepared and Sold only by A. Downing, Chymist , at the Crown and Ball in George Court in St. John's-Lane, near Hicks's Hall. Price 1 s. 6 d. a Bottle. Also the true Essence or Spirits of Scurvy-Grass, both Purging and Plain, most Excellent for all Degrees of the Scurvy, at 8 d. a Bottle. And the great Elixir of Life, called Daffy's Elixir, truly prepared, so very useful in all Families in the greatest Exigencies. Price 2 s. 6 d. the Half-pint. John Taylor , Agent for Merchants, Next Door to the Cutler's, at the End of Castle-Alley, behind the Royal-Exchange, London, a Board of Directions at the Window. Several hundreds of good Countrymen, and Servants of all Trades, are wanted for Jamaica directly, Ships will Sail every Week for Jamaica. Good able Carpenters, Bricklayers , Wheelwrights, Blacksmiths, Sawyers and Coopers, shall have twenty-five Pounds yearly Wages, &c. and all Men Servants that will go to Jamaica, shall be entertained every Day, by John Taylor . Vivant Rex & Regina. To all Masters of Ships, Country-Shopkeepers, &c. this publick Notice is given. THAT WILLIAM DICEY , in Conjunction with Mr. BENJAMIN OKELL (to whom a Royal Patent is granted) THOMAS COBB , (in Right of ELIZABETH his Wife, late Widow of Mr. CLUER) and ROBERT RAIKES , continue, and jointly carry on the preparing and vending, both Wholesale and Retail, that excellent Medicine call'd, Dr. BATEMAN's PECTORAL DROPS, at their Warehouse against the South Door of Bow Church, at the farther End of the Church-Yard from Cheapside, London; at which Place (and no other in the City of London) Retailers furnish'd , with good Allowance for by directing for or sending to WILLIAM DICEY or THOMAS COBB and Company , at the Warehouse aforesaid. N. B. These DROPS carry off the most violent Fever, if taken in Time, and is the best of Remedies for those that are afficted with the present Distempers, viz. Coughs, Colds, intermitting Fevers, &c. It gives present Ease in the most racking Pains of the Gout and Rheumatism, they have brought away Gravel and Stones almost as big as Horse Beans from divers Persons, and have restored Thousands of poor Infants to their Strength and Liveliness, that have been reduced to meet Skeletons . They never fail giving Ease in the most violent Pains of the Body and Limbs, and all the Ailments of the Breast , and is the best of Medicines in all manner of Consumptions . Sold at One Shilling per Bottle, in which is contained three Doses. At the same Place you may have Gratis, a Book of Certificates, in which you'll find more Cures than can be produc'd from any one Medicine, since the first Use of Physick. Dr. GODFREY's GENERAL CORDIAL, So universally approved of for the CHOLICK, and all Manner of PAINS in the BOWLLS , FLUXES, and RESTLESNESS in Men , Women, and Children, Is Sold in most Cities, Boroughs, and Market-Towns thro'out Great-Britain and Ireland; remov'd from Hunsdon to Broxborn in Hertfordshire, and for the Conveniency of supplying all those Parts, I have establish'd these following Wholesale War ehouses, viz. John Westlake 's in Queen-street, Bristol; Peter Leadbeater 's, Distiller, in West-Chester. Mr. Button's, Bookseller, on the Bridge at Newcastle upon Tyne. Mr. Brook's , Distiller, on the Blind-Key, Dublin. As also at my Original Warehouse in Bishopsgate-street, London. All Merchants, Shopkeepers, and others, may be supplied at any of the said Warehouses, with good Allowance. N.B. The Publick are desired to take Notice, (to prevent being imposed on) that there is an ill minded Person who counterfeits the said Medicine, and puts the Name of Godfrey on the Top of the Bottles; and in his Bills given with the Bottles, there is no Name who the Person is that prepares it; but as this Counterfeit Maker is now found out by his own Confession, he and his Sellers will be prosecuted as the Law directs (as Impostors ): And to prevent the Buyers from being imposed on, I have put my Christian Name on the Top of each Bottle, which is prepared By me BENJAMIN GODFREY . The Price of each Bottle is 6 d. Lately publish'd, in the same Size with the History of Executions, and very Proper to be bound up with this Year's SET, THE Case of Mr. Dan. Kimberley, Attorney at Law, Executed at Dublin, May 27, 1730. for assisting Bradock Mead to marry Bridget Rending , an Heiress. Contained in his Declaration and Dying Words, deliver'd to the Revd. Mr. Derry, at the Place of Execution, and recommended to Dean Percival, John Hacket , Esq; and two other Gentlemen, to see it publish'd. Pr. 3 d. II. A Collection of Remarkable Cases for the Instruction of both Sexes, in the Business of Love and Gallantry. Being a modest and clear View of the three following Tryals, viz. 1. Of Richard Lyddel , Esq; for a criminal Conversation with the Lady Abergavenny . 2. Of Knox Ward , Esq; for a Promise of Marriage to Miss Sarah Holt . 3. Of Col. Francis Ch -rt-is , for a Rape committed on the Body of Anne Bond , his Servant. Containing the Substance of three Sixpenny Pamphlets (call'd Tryals) on these Subjects. Price 6 d. III. A Second Collection of Remarkable Cases, viz. in Love and Law, in Physic, Scandal, and Religion. Containing, 1. The Tryal of Mr. J. Whaley, for Breach of a Marriage-Promise to Mrs. Eliz. Davis, late of Haverford-West ; with the Substance of several Love-Letters that pass'd betwixt them. 2. The Tryal of Eliz. Chamberlain , on an Action brought against her by Samuel Stockwell , alias, Sam the Potter, an Independant Person, for saying he was a Rogue, a Drunkard, a Libertine, and a Singer of baudy Songs; with the merry Defence of his sanctified Reputation. 3. The Qualifications necessary to set up a raw Independent Parson. 4. The Description and Character of a Novice. 5. A pleasant New Song on a King and a Young Lady . 6. A surprizing Account of the (supposed) Murder of a Gentleman by Pills, Potions , and Chirurgical Operations, in a Letter from a Rev. Divine to his Widow, who was going to marry the suspected Murtherer . Price 6 d. IV. Scotch Gallantry Display'd: Or, The Life and Adventures of the unparallel'd Col. Francis Charles , impartially related. With some Remarks on other Writers on this Subject. Pr. 6 d.

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CENTRAL CRIMINAL COURT. SESSIONS' PAPER. DUKE, MAYOR. SECOND SESSION, HELD DECEMBER 18TH, 1849. MINUTES OF EVIDENCE, Taken in Short-hand BY JAMES DROVER BARNETT AND ALEXANDER BUCKLER, 33, Southampton-street, Strand. LONDON: GEORGE HEBERT, CHEAPSIDE. TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET. 1848. THE WHOLE PROCEEDINGS On the Queen's Commission of the Peace, OYER AND TERMINER, AND GAOL DELIVERY FOR The City of London, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION OF THE CENTRAL CRIMINAL COURT, Held on Monday, December 18th, 1848, and following Days. Before the Right Hon. Sir JAMES DUKE , LORD MAYOR of the City of London; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; William Thompson , Esq., M. P.; Sir John Key , Bart.; William Taylor Copeland, Esq., M. P.; Sir John Pirie, Bart.; John Humphery, Esq., M. P.; and Sir William Magnay, Bart., Aldermen of the said City: the Hon. Charles Ewan Law, M. P., Recorder of the said City: William Hunter , Esq.; and David Salomons, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common-Serjeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate holden for the said City, and Judges of the Central Criminal Court. THOMAS QUESTED FINNIS , Esq., JACOB EMANUEL GOODHART , Esq. Sheriffs. JAMES EDWARD SHEARMAN , Esq GEORGE TAMPLIN , Esq. Under-Shertffs. LIST OF JURORS . First Jury. John Parks James Procter William Watts George Ribeau Payne John Richardson William Bell James Panghorne Thomas Wilson Joseph Pickett Henry Rudkin Joseph Poulson George Rathbone Second Jury. Peter Rothwell Thomas Penfold Francis Perryman Jenkins Phillips George Pettit William Shakspere Richard Russell Charles Gabriel Davey Josiah Southgate Thomas Pitt William Randall Summerland Stephen Peppit Third Jury. Robert Simpson Michael Pipe George Pocock Robert Sadd William Willis Walkup Archibald Urry John Henry Royal Edward Pattison William Reading Thomas Poole Jonathan Rickards Peter Robinson Fourth Jury. William Rogers William Pocock William Robert Roe Charles Pace Samuel Young David Penton William Strudwick James Pearson James William Rutland Samnel Joshua Pilkington Samuel Robson Peter Ross Fifth Jury. John Sparke John Parblay Richard Ridding Frederick Sherrif Josiah Johnson Page Henry Robinson Charles Stammers James Cooper George Roberts Richard Rundell Robert Coleman Springett George Morris Robertshaw Sixth Jury. Frederick Perry Henry William Lord George Whiffin. Richard William Webb Frederick Martin Alfred Griffiths Raystick John Brannan Quick John Guyatt Thomas Ryder John Rees Thomas Robinson John Wilson CENTRAL CRIMINAL COURT . DUKE, MAYOR. SECOND SESSION . A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to he the associates of bad characters. LONDON AND MIDDLESEX CASES . 224. WILLIAM MOWATT was indicted for unlawfully obtaining 5 sove reigns, and 6 10 l .-notes; the moneys of James Bedel , by false pretences. MR. CLARKSON conducted the Prosecution. WILLIAM JAMES BEDEL . My father is an auctioneer and land-agent, carrying on business in Gresham-street, City; he has a country-house near Chelmsford, called Broomfield-lodge. On Monday, 6th Nov. last, I saw this advertisement in the Times newspaper:—"A pair of brown geldings, and a very superior Brougham-horse to be sold, at half their value, to procure immediate sale; the pair are well-bred, clever in saddle, and step well together in harness; six years old. The Brougham-horse is bay, black legs, sixteen hands; very noble horse in harness; five years old; warranted sound. The coachman is fully empowered to disposed of them. 28 stable, Turk's Head Mews, Harley-street, Cavendish-square. Also, a very stanch pair of liver and white pointers."—In consequence of seeing that I went to" Turk's Head Mews, or Harley Mews North, in Harley-street—I went down the yard, and when I got to No. 28 stable I saw Mowatt; he was dressed similar to what he is now, with a shawl-handkerchief on, a black coat, and kerseymere trowsers—I asked him for the coachman of 28 stable—he said that he was the coachman—I went into the stable, and asked him whether those were the horses which were advertised for sale in the Times —he said they were—I said, "You will have no objection to give me a reference to whom these horses belong?"—he said, "No, certainly not;" they belong to Mrs. King, of Eastbourne, Sussex"—I asked him to have the horse stripped and taken out of the stable, that I might see him—he called a person named George, who turned out to be a person named Bubb; who came from the loft, went up to the horse's head, took the clothes off, put a bridle on him, and turned him round in rather a clumsy way—Mowatt said, "D----n these Lon don fellows, I thought they were more up to their business"—I looked at the horse, and found he was older than he was represented to be—I believe that was the smaller horse—I asked him how long Mrs. King had had them—he said, pointing to the smaller horse, "That one she bred, and the other (all uding to the larger one), she bought two or three years ago"—the little horse was then taken into the stable, and—the other one was brought out—he said they had been constantly driven together, and I asked to see them stand together side by side—I asked how long they had been driven together, and he said constantly for about two years by himself; that the ladies had ridden them, and they were perfectly quiet in double and single harness—I believe I made a remark upon the other horse's age as well—I said that either he or I must be a fool to say that horses with their mouths were only six years old—he said that they were only that, for the one his mistress had bred, and the other she had only had about two years—the horses were then taken into the stable, and I asked him, I believe, what the price was—he said his mistress, Mrs. King, expected a hundred guineas for them; but that I had better see the job-master as to price—he called to George, and told him to fetch his master; he did not mention the job-master's name, but it turned out to be Ward—Ward came down the yard, and I told him, in Mowatt's presence, that I had seen the horses; that I liked the look of them very well, and that the coachman told me they were perfectly quiet in double and single harness—Ward said, "I can assure you that they are both perfectly quiet in double and single harness"—I said it was not for myself that I wanted them, they were for my father; and unless they were quiet 1 would not look at them, nor get him to look at them at any price whatever—he said Mrs. King was an old customer of his; that she had been dealing with him for fourteen or fifteen years, and that was the reason she had sent the horses up to him to be sold—I repeatedly spoke about their being quiet, and he said they were quiet; I might have no doubt about it; that he knew Mrs. King a long time; that she would not ride behind them unless they were perfectly quiet; and she would not permit him to tell a lie about it—I then asked the price—he said that Mrs. King expected a hundred guineas for them; but that he had no doubt she would take eighty, for what with the expense of the horses standing at livery, and the coachman, who must have his " baccy " the same as the rest of them, it cost her very nearly 5 l . a week—I said it was useless for me to look at them at that price—" Well, sir, "he said, "I don't think she would take any less; but ladies don't know much about these sort of things"—I again asked him as to their being quiet; "for, "I said, "my father is uncommonly fidgetty, and unless they are perfectly quiet I really would not have them"—he said, "You need be under no apprehension of anything of that sort, sir, for I have known Mrs. King so long; and I can give you a warranty that they are perfectly quiet"—I then asked him to tell me the price he intended to take for them as I would get my father to look at the horses, and if he liked them, I would recommend him to buy them; but as for eighty guineas, that would not do—he said it would be a bad job for him; that Mrs. King had been his customer so long that he should get nothing by having the horses there at that price—he then said, "If you like to have the horses at seventy guineas, and pay me my commission, I think I can get Mrs. King to accept it"—I said, "If I bought the horses, I should buy them outright, without having anything to do with his commission"—he said, "Well, it is a very bad job for me; I shall get nothing out of it"—I said, "I can't help that; if you will tell me the lowest price you will take for them I will get my father to look at them, and see if he will buy them"—he said he thought Mrs. King would not take any less—I said then I could not buy them at that price—he asked what I would give for them—I said, "I believe it is not a usual custom to be buyer and seller too;" I know you men have generally two prices, an asking price and a selling price; and if you will at once tell me, as I am going to Tattersall's to-day, I shall probably, unless I buy these, meet with a pair there"—he then said if I liked to take them at sixty-five guineas, and pay his commission, I should have them—he said he had been to an omnibus-proprietor, a namesake of his, named Chaplin, who would give him seventy guineas for them immediately; but Mrs. King had left particular orders with the coachman that they were not to be sold unless for private use; that she would not entertain any dealers having them—I then told him that if he would give me the refusal of them at 65 l . till three o'clock in the afternoon I would get my father to look at them, as they were for him, and not for myself; and then I would give him an answer whether we would have them or not—this was about half-past eleven, or twelve—I then went away, and returned in about an hour with my father—I found Mowatt and Ward standing against the stable-door—Mowatt opened the door; we went in, and 1 said, "These are the horses"—Bubb was in a box close by, with a Brougham-horse—the horses were brought out—my father entered into con versation with the men—I did not pay attention to what was said; I walked away. Cross-examined by MR. BALLANTINE . Q. Then the purchase was com pleted by your father? A. It was—I cannot say that I am a judge of horses; I am very fond of horses—I knew at once that these horses were more than six years old; they did not take me in as to that—I believe it is a standard rule with horse-dealers that whatever age a horse may be, it is six years old off —I went there to exercise my own judgment on the horses—I will not say that I imagined I knew enough of a horse to be able to judge of it—I could not tell whether a horse was quiet, without trying it—the horses were tried afterwards by myself and our coachman—they were put into a van, and we were very glad indeed to take them out again; we were not ab'e to drive them—I did not try them by placing them in both positions—they were tried afterwards by a regular livery-stable keeper—if they had turned out quiet, and done the work that we wanted them to do, we should certainly have kept them—they, kicked and bit, and did everything that was bad, when they were in harness; they backed and reared; one of them came out of the stable very well, the other would not; we were obliged to back him out—the van they were put to was a light van, on steel springs, not a noisy one—there was plenty of room for them; they did not touch; they were very carefully put to—I believed the story about Mrs. King; had it not been for believing that story I would not have bought them at any price—I took a receipt; it is in Court, it states that they were to be returned within a week if not approved of—I had nothing to do with taking the receipt or warranty; my father took it—the prisoner was given into custody on the Friday fol lowing, before the week was up—we had certainly not approved of the horses——they were returned on the Saturday—I did not go to the stables; one of the London police did, not by my directions; I gave no directions that the horses should be returned, or that any application should be made to the prisoner to take them back—they were sent to Dixon's for sale—they fetched 33 l . 12 s .—I gave directions for their sale—I described them as "a brown gelding, "and "ditto;" not as "quiet to ride and drive;" nothing about quietude—they were not described as the property of a gentleman just come off a journey, not with my sanction—I was not at the sale—I did not hear the description read out by anybody, nor see it in the catalogue; I have never seen a catalogue—my father did not tell me anything about the description—I saw Mr. Dixon, and gave him the description—I said I wished a pair of horses to be sold there—he asked me for the description, and I said, "A brown gelding," and" Ditto"—he said, "Put in 'quiet to ride and drive?'"—I said, "No, certainly not, with my sanction; and what is more I will not have it put in on any account whatever"—he said, "It will not make much differ ence;" but I said, "I will not have it put in"—it was not Mr. Dixon himself; it was one of his officials—whatever else he choose to put in was without my sanction, and not hinted to me at all—I got 31 l . from him, I think, for the sale of the horses—I had something to pay to Mr. Dixon—I am positive what Mowatt said was, that he was servant to Mrs. King, not that he had been —he added that his mistress was going to Jersey, and he wanted to get back as soon as he could, because he did not think he should go to Jersey with her—I am positive he did not say that he had left in con sequence of his mistress going to Jersey—if he had said so I should have suspected something directly, with regard to the horses—I sent them to Dixon's on the Wednesday week, the 15th—I believe notice of the sale was given to Mowatt, but I do not know anything about that. MR. CLARKSON . Q. Who went to the stables on the Saturday? A. I did, and one of the City police; that was the Saturday after the Monday—we went to stable, No. 28, and found they had all gone away—the prisoner was taken into custody on the Friday—we have never succeeded in taking Ward—Mowatt was admitted to bail on the Saturday morning; it was after that that I went to the stable—Mr. Humphreys, our solicitor, stated publicly before the Magistrate, in Mowatt's hearing, that we should return the horses that day—we went to the stable, I should say, two hours after, if not more, about five o'clock—we found neither Ward, Mowatt, or Bubb, or any one to represent them—the bail had been accepted full two hours before I went to the stable—I did not see the bail entered into—the horses were sold on the Friday week, 17th Nov. JAMES BEDEL . I am a land-agent and valuer, of Gresham-street, and have a country place, Broomfield Lodge, near Chelmsford. On 6th Nov., in consequence of seeing this advertisement in the Times , I went to Turk's Head Mews, or Harley-street Mews, and saw Mowatt, Ward, and Bubb—the horses were brought out, and stood side by side—I looked at them, and said I under stood they were more than six years old, but I did not care about that so long as they were quiet—Mowatt then stated that he was coachman to Mrs. King, of Eastbourne, Sussex, that she bred one of the horses, that he had driven them together two or three years, and I might depend upon them being perfectly quiet—I had them walked down the yard—Mowatt said he had driven them with a snaffle on the top—I said, "I suppose you mean you drove them with a curb bit on the cheek—he said, "Yes," and that he had constantly driven them, and that the last journey was with his mistress from Eastbourne to Bromley, and they came up extremely well; and that when his master was alive he used to drive the larger horse in single harness, he was a capital horse in single harness, and he always drove him with a snaffle bit—I said that what I was particularly anxious about was, the horses being quiet, and he repeated several times his having driven them together, as Mrs. King's coach man, and he always rode the larger horse when he rode post—some conver station occurred about the price, and he referred me to Ward, and said, "The job-master will talk to you about the price," pointing to Ward, who was standing by—Mowatt said that he was very anxious indeed to get rid of the horses, because he was there at considerable expense, and his mistress was very anxious for him to get back, as she was going to Jersey, and wanted the horses sold, and if sold he should go back that night—I then had some con versation with Ward about the price, and he asked me seventy guineas—I said I could not give that price—Mowatt, who was standing by, then came up to me, and said, "What has he asked you?"—I said, "Seventy guineas"—he said, "I don't think my mistress will accept that price"—I was then walking up the yard towards the cab , which was waiting for me in Harley-street—Ward and Mowatt were walking with me, talking about the price, and Ward said, in Mowatt's hearing, he would take sixty-five guineas for them if I would pay his expenses, for that Mrs. King was a very old customer of his, and he could not charge her anything for the standing of the horses, and he should get nothing unless I gave him something—I told him I could have nothing at all to do with his commission, and as I was getting into the cab I said I would give him 60 l . for the horses—he and Mowatt were standing together—Ward said he could not take that price, and after some more con versation, he still recommending the horses as a pair most likely to suit me, the cab drove on—in going along Harley-street, in consequence of some conversation with my son, we turned round, and came to the end of the yard in the cab —Ward and Mowatt were standing together at the corner—Ward came to the cab -door, and I said, "I think the horses will suit me in consequence of what you say, and I am induced to offer you 65 l . to include everything, if you will deliver them at the Eastern Counties station this afternoon"—he said I must give him something for himself, for he had no other chance of getting anything—I said, "No, I shall not do that," and I called out to the cab man to go on—he then said, "Stop a minute"—Ward then went to Mowatt, who was standing two or three steps from him, and be came back and said I should have the horses—I then said to Mowatt," Of course you will lend me the cloths and bridles to take the horses down to the railway, and I will return them to-morrow"—he nodded assent—Ward came from Mowatt to the cab-door , and said, "You must give me something to bind the bargain—I gave him a sovereign, and drove away, having previously arranged that he was to be at my office, in Gresham-street, a little before four o'clock, and that the horses were to be sent at five o'clock to the Eastern Counties Railway station—I then went away, and got back to the office about a quarter to four—I found Ward there—I took out my check-book to draw a check—Ward said a check was of no use to him, because the bank would be closed, and he could not get the money—I said I had not the money by me, and after talking for two or three minutes I said, "Well, if you will be at the railway station at five o'clock, I will endeavour to get the check changed, so as to give you the money"—at five o'clock I went to the rail way station, where I saw Ward—he wished me to pay him—I said, "Where are the horses?"—he said they would be there in a minute or two—I replied I should like to see them first, and in the course of a few minutes they came into the yard—a horse-box was got ready—I then went into the waiting-room, and paid Ward four sovereigns, having given him one before, and six 10 l . Bank of England notes—he again pressed me very much to give him something for himself, saying I must give him something to get a new hat, that he should get nothing for the keep of the horses, repeating what he had said before—I gave him no answer, but walked out where the horse-box was—he followed me—I found them taking the cloths off the horses—I remonstrated, and Bubb then stated that he was ordered not to leave the cloths or bridles—in a minute or two afterwards Bubb came to me, and wanted something for bringing the horses—I said, "No; as I have been deceived about the clothing, I will not give any of you a screw, " I think was the observation—I then went down by the train—the horses were taken out at Chelmsford that evening—Ward gave me this receipt at the time I paid him—( read )—"London, Nov. 6, 1848. Received of J. Bedel, Esq., the sum of 65 l ., for a pair of brown geldings, warranted sound, quiet to ride, and quiet in double and single harness; the horses to be returned within one week from this date, if not approved of. GEORGE WARD ." The horses got into my stable at Broomfield that night—I went to see them taken out next morning, and directed my coachman to put the harness on—they were put to a spring van which I keep, and in which I always drive horses before I put them to my carriage—one of the horses came out of the stable very well—the large one we could not get out; we had considerable trouble with it, and we were at last obliged to back him out—after considerable difficulty we put the horses to the van—they appeared to be unaccustomed to be put to harness—my coachman and my son got on the box, and we tried to make them go forward, but they were very unwilling to do so, but after pushing at the wheel, and pushing behind, they sometimes rearing, and sometimes backing, and sometimes going a step or two forward, we got them out of the gates into the road—they still kept on doing the same, and after they had got about fifteen or twenty yards, one of them kicked very viciously—I had not given them too much beans; I had none in my stable—they bit one another very much in going through the yard—they were evidently unaccustomed to each other, and, I think, to harness—I did not take any care as to which side I put them in, or change them—as soon as I found they would not go forward, but kicked and reared, I had them taken out—I never tried them in the carriage—that was the only experiment I personally made with them—they were tried subse quently—I came up to London, and communicated with the police—I did not go to the stable—I attended before the Magistrate on the Saturday—at the time I parted with my money I believed the horses were the property of Mrs. King, that she had bred one and bought the other, and that Mowatt was her coachman, and that the horses were sent up to Ward, the job-master, for the purpose of selling them. Cross-examined. Q. Did you pay the money before you took the receipt? A. No, I laid it on the table—Ward was going to take it up—I put my hand on it and said, "Let me have the receipt, if you please"—he then handed me the receipt, and I took my hand off the money, and he took it—I should not have parted with the money without a receipt—I had looked at the receipt—I knew its contents—I would not swear that I read it before I received it—when he took the money I took up the receipt and read it—I saw the words," to be returned within one week if not approved of" at the time he had the money, if I did not before; I did before we parted certainly—that was not an undertaking that I had insisted upon; it was offered by Ward—he stated it—it was that, joined to the fact that I believed the horses to have been driven together, and to have been the property of Mrs. King. and to be quiet, that induced me to buy them—I was glad to have the opportunity of returning them within a week if they did not suit me—it was an element in the case certainly—I ordered the horses to be sent to Dixon's for sale—they were net sent as the property of a gentleman—they were not, to my know ledge, sold as the property of a gentleman just come to London—the person who sold them is not here, to my knowledge—I was not at the sale—I have the auctioneer's return of the price they fetched—I was not offered the whole of the money back—a note was left at my office without being dated from any place, and with a signature which I could not read—this is it—( produced )—it was forwarded to me at Broomfield by my clerk, about the middle of the same day—it is dated, Monday, 13th—I did not see any parties after that who offered me the money—I consulted my solicitor; "but the letter being dated from nowhere, and being signed by nobody, I could not sec what we could do with it—this is the letter—( read )—"I have received this morning a communication from Mr. Ward, wherein he instructs me to return you the 65 l ., according to agreement as per receipt given to you for the horses, in case you should not approve of them. Your clerk informs me that you will not be in town till to-morrow, therefore any time between eleven and four o'clock to-morrow, Tuesday, you can have your money returned by sending the horses to the stable in Harley-street"—I believe my clerk did see the person—I did not send the horses to the stable on the Monday—I did on the Saturday, but not after receiving the letter—I believe it was a fact that I was not likely to be in town on Monday—I am an auctioneer—we do not always give a literal account of the matters we have to sell, but we do not deceive—some persons give a much more pic turesque description of the property they have to sell than others—I am not poetical, and do not keep a poet. MR. CLARKSON . Q. Did you explain to the Magistrate that you had received that letter? A. Yes, on the Saturday following—I never gave authority to the auctioneer to misrepresent the facts with reference to these horses, and I do not believe it was done—I received 31 l . from Mr. Dixon—they were sold on Friday, 24th. SAMUEL JARMAN . I am clerk to Mr. Humphreys, the attorney for the prosecution—I served a notice on Mr. L. Norton, the defendant's attorney, on 23rd Nov. last. Cross-examined. Q. What day of the week was it? A. On the Thursday, about twelve o'clock in the day—I believe the horses were sold nest day—I did not give any description of the horses—( The notice being read, was that the horses would he sold at Dixon's repository by public auction on 24 th Nov., by order of Mr. Bedel .) GEORGE TREW ( City policeman , 26). In consequence of Mr. Bedel's direction I went down to Eastbourne on Wednesday, 8th Nov.—I made inquiry at the post-office, and all other places I could think of, for a Mrs. King—I found no widow lady of that name who kept horses or a carriage, only a poor woman, the widow of a carpenter. Cross-examined. Q. Where did you inquire? A. At the post-office, public, and private houses—Eastbourne is on the coast—it is a straggling; place—I went all over the place—it is about a mile from the Church to the sea-houses—I was not offered the money—I went into a public-house in Harley-street on other business, and a man named Davis there said he had been waiting there with the money—he did not show me any—I did not ask him. GEORGE COOK . I am post-master of Eastbourne, and have been so seven teen years. I do not know a widow lady named King residing there about Oct. or Nov. last, or at this time—there is a poor woman of that name, but no person keeping carriages, or horses, or a coachman—I never knew any one there of that name having horses—I never saw Mowatt, to my knowledge. HENRY TURNER . I am a veterinary surgeon, living at Walthamstow. I have seen these two horses—the large one was unsound—it is a roarer—roaring is a disease in the upper part of the trachea, consisting of a deposi tion of coagulal lymph, which is as an impediment in the act of respiration, causing a noise that we hear on these occasion—it is an imperfect breathing. Cross-examined. Q. And being a noise you call it roaring? A. Yes—it is not a very disagreeable thing to listen to—we should detect it there and then—I call roaring decided unsoundness. MR. CLARKSON . Q. Would a horse be able to perform the ordinary duties of a horse that was a confirmed roarer? A. No—this was a confirmed roarer. GEORGE SMITH . I am a livery-stable keeper, and have stables in Harley-street-mews, North. I have known Mowatt several years—I never knew him as coachman to a Mrs. King, of Eastbourne—he has been a publican—during"—the last two or three months he has had stables down in the mews with a man named Pywell—he quitted them on 16th Aug.—he was away for about two months, and then came again after he was shut up somewhere—while he had the stables he came there every day, except Sunday. Cross-examined. Q. Have you seen these horses that were sold? A. Yes—I have ridden them both—they go very well—they were quiet to ride—I have not driven them—I have seen them driven—one kicks a little at times—the other appears quite quiet—they seemed to go comfortably toge ther at times. COURT . Q. What did they do at other times? A. They might stand still a little before they start—when they did go they went very well at times—I cannot say that I have seen any biting or rearing about them—I only saw them one day together; that is some months ago, about Aug.—they were put in a break, and went very comfortably—they were with me then—I cannot say whose they were—Pywell sent one to me, and I believe Mr. King sent another—Mr. King is a gentleman that lives over the water, I believe in the London-road way, down at Lambeth—I do not know the place—I know him when I see him—I have seen him—he has come to my place sometimes with Mowatt. JAMES PUTTOCK . I am agent to the owner of the stable, 28, Harley mews, North. I know Mowatt—I let him that stable—he took possession on 15th Aug.—he quitted either on 16th or 17th Nov.—I did not know him before—he did not tell me what he was—he said he wanted the stable to put some horses in. ( MR. BALLANTINE contended that the indictment was imperfect, inasmuch as all the false pretences were not set forth, the advertisement and receipt being mitted. See The King v. Pywell , 1 Starkey , 402; The King v. Perratt , 2 Maule & Selwyn , 379; and The Queen v. Kenrick , 5 Queen's Bench Re ports (the latter referred to by Mr. Clarkson). The COURT did not consider it necessary that the advertisement and receipt should have been set out, there being no proof that they were pretences used, but it was a question for the Jury whether the prosecutor parted with his money on the faith of the receipt, or in consequence of the pretences alleged. ) GUILTY .— Confined One Year . 225. ROBERT JARVIS , stealing 3 sacks, value 5 s .; the goods of Richard Smith , his master; to which he pleaded GUILTY . Aged 54.— Confined three Months. 226. JOHN JONES , stealing 28 yards of serge, value 19 s .; the goods of John Shields Thompson and another; to which he pleaded GUILTY . Aged 50.— Confined Four Months . 227. JOSEPH HOLMES , stealing a handkerchief, value 2 s ., the goods of James Dixon , from his person; to which he pleaded GUILTY . Aged 12.— Confined Six Months . 228. ROBERT JAMIESON , stealing 3lbs. weight of tin-foil, value 6 s .; the goods of Frederick Samuel Cleaver , his master. FREDERICK SAMUEL CLEAVER . I live in Red Lion-square, and am a wholesale perfumer—the prisoner was in my service—I deal for tin-foil with Hemsley and Simpson—I allow the cuttings of the tin-foil as perquisites to Charters and Swan, who are in my employ—they collect the waste till it accumulates, and then sell it—I have seen the tin-foil produced—it is not such as goes by the way of waste or cuttings—this has been cut out of sheets—it has not been used—there is no mark on it, but we have put the pieces together, and they make a sheet of the same size as we are in the habit of having from Hemsley and Simpson—it is just the same as we use—the prisoner has worked for me three years—it is no part of his business to cut up tin-foil—he had no business with it at all—I went to Hemsley and Simpson and saw the prisoner there—I asked him who was connected with him—I did not tell him he had better tell all that he knew; that was a subse quent remark—I gave him no promise till he told me what he did—I asked him how many times he had brought tin-foil there for sale—he said, "Once or twice"—I then appealed to those present, and the reply from them was, "Upwards of a dozen times"—the prisoner replied he did not think it was so many times as that—I then asked him what room he took it from—he said, "From James's room"—I asked him if he took it out of the cupboard—he said he did not, he took it from off the top of the cupboard, and off the counter—I asked him what he cut it with—he said, "A pair of scissors." Cross-examined by MR. PAYNE . Q. You fancied somebody must have led him into it? A. Having Several persons in my employ, I fancied some one might be connected with it—I put these pieces together, and they formed a sheet—the prisoner is a good working lad when he is looked after—I have had him altogether about four years; the last time for about two years—he was with me about two years the first time, and then was away three or four months. JAMES CHARTERS . I am in the prosecutor's employ. I have the per quisites of the tin-foil—this that is produced is not waste or cuttings—I never told the prisoner to sell any for me—this is the same sort that my master uses. THOMAS FRANCIS SWAN . I am in the prosecutor's service. I sell the cuttings of the tin-foil—it is not like this—I should think this has been, cut from sheets—it is the sort my master uses. Cross-examined. Q. This is bought at Messrs. Hemsley's? A. Yes—I sell my cuttings there at 9 d . or 10 d . a pound. JOHN MUILLINS . I am in the service of Messrs. Hemsley and Simpson. The prisoner used to come to our shop, and brought foil—he brought this bundle of foil to me—he said he had brought some waste—I took it into the counting-house to my master—I told the prisoner to sit down and we would send to Mr. Cleaver's, to see if it was right—Mr. Simpson went to Mr. Cleaver, and he came back with Mr. Simpson—Mr. Simpson spoke to the prisoner—I do not know what he said—Mr. Cleaver then spoke to the prisoner—we sell this foil at 2 s . a pound. Cross-examined. Q. You give 10 d . for it back again? A. Yes, if it is clean—I heard Mr. Cleaver say he had better speak the truth—he said that before he told him anything. (The prisoner received a good character.) GUILTY . Aged 17.— Recommended to mercy by the Jury.— Confined Three Months . 229. JOHN KING and MORRIS CAVAGAN , stealing 1 handkerchief, value 3 s . 6 d .; the goods of James Rennie . JAMES RENNIE . On 3rd Dec. , about a quarter-past nine o'clock at night, I was walking near the post-office, in St. Martin's-le-grand—I fell some thing at my pocket, and missed my handkerchief—I turned and" saw King close behind me—he passed the handkerchief to Cavagan, who was behind him, and when he saw that I had hold of King, he threw the handkerchief within the rails of the post-office—I took it, followed Cavanagh, and took him—I gave both the prisoners into custody—this is my handkerchief ( produced ). JOSEPH SAUNDERS ( City policeman , 231). I took the two prisoners, and have the handkerchief. Cavagan's Defence. I was walking along the pavement, and the gentle man came and laid hold of me; I had never seen the handkerchief till I saw him pick it up. KING — GUILTY . CAVAGAN — GUILTY .— Confined Six Months . 230. JOHN FARROW , stealing 28lbs. weight of beef, value 15 s .; the goods of George Bullen . JAMES CROWTHER . I live in Nelson-street, Bethnal-green—I mind the butcher's carts at Newgate-market. On the 13th Dec, about twenty minutes before eight o'clock. I was there minding the carts—I saw the prisoner taking away on his shoulder a piece of beef which I had helped Mr. Bulien's young man to put into his cart about ten minutes before—the prisoner had got about seven carts off with it—I stopped him, and said, "Where did you get that piece of beef?"—he said, "What is that to you"—he threw it down on a cart and said, "There is your beef, what more do you want?"—I took the beef on my shoulder, and ran after him, and gave him in charge—I am sure he is the man. GEORGE DINNYER . I am in the employ of Mr. Waiss, a butcher, of Goswell-street. About twenty minutes before eight o'clock that morning I was carrying a load of meat in King Edward-street—I saw the prisoner with a loin of beef on his shoulder—I heard Crowther speak to him—the prisoner said, "What is that to do with you?" and he threw down the beef and ran away. GEORGE BULLEN . I am a butcher. I bought this beef that morning, and my young man took it to my cart—Crowther helped him in with it. WILLIAM JAMES BAILEY ( City-policeman , 271). I stopped the prisoner—I told him he was wanted—he said, "You have made a mistake; I am the wrong man; I know nothing about any beef"—I took him and the beef." Prisoner. I am not the party. GUILTY . Aged 40.— Confined Three Months . 231. GEORGE KIRK , THOMAS FITZGERALD , and WILLIAM HENSOR , stealing 1 till, value 1 s .; and 3 shillings; the goods of Phorien Andre . FREDERICK ANDRE . I live with my father, Phorien Andre, a tobacconist, in Hammersmith. On 30th Nov., about ten o'clock in the morning, I was standing at the parlour window at the back of the shop—I saw the three pri soners talking together outside, close against the shop window, for about ten minutes—I then saw Kirk come into the shop—he leaned across the counter, and pulled the till half-out—he then raised himself up, and looked at the other prisoners who made signs to him, and he laid across the counter again, and took the till quite out—he was going out with it—I ran out—he threw the till on the counter, knocked me back, and ran out, and they all three ran off—I ran after them, and Fitzgerald turned, and said, "Give that b----r something"—I knew the prisoners by sight, and can swear they are the boys. ELIZABETH CAROLINE ANDRE . I am the sister'of the last witness. About ten o'clock in the morning, of 30th Nov., I saw the three prisoners—they had been in the shop several times before for halfpenny-worths of tobacco—I saw Kirk come into the shop, and take the till out—he threw it on the counter, and went out—my brother went to stop him, and he struck him—I went to him, and he struck at me, and got out, and the three ran away to gether—I am quite sure the prisoners are the persons—there was 3 s . in the till. EDWARD FLOWER ( policeman, T 249). On the morning of 30th Nov. I took the prisoners. Kirk's Defence. It is all false. Fitzgerald's Defence. I was coming home, and this boy ran out, and said, "Stop thief!" a gentleman caught us, and gave us into custody. KIRK — GUILTY . Aged 15. FITZGERALD — GUILTY . Aged 16. HENSOR — GUILTY . Aged 16. Confined Six Months . 232. JOHN SHEPPARD , stealing 4lbs. weight of beef, value 3 s . 6 d .; the goods of Robert Finch ; to which he pleaded GUILTY . Aged 22.— Confined Four Months . 233. EDWARD DAVIS , stealing a stove, value 35 s .; the goods of Thomas Carman ; to winch he pleaded GUILTY . Aged 25.— Confined Four Months . 234. JOHN WILSON , stealing 1 knife, value 3 d .; the goods of John Proctor . JOHN PROCTOR . I keep the White Swan. This knife is mine, and I lost it. Prisoner. Q. How often have you seen me in your house? A. A number of times—you have frequented my house the last six months, and robbed me every time—I have lost a great many pots and measures, and knives and forks, and glasses. ELIZABETH STREET . I am bar-maid at the White Swan, in Temple-street. I have seen the prisoner there, not as a customer, but coming in, and looking round, and inquiring for persons—I was induced to watch him—he came in about half-past nine o'clock in the morning of the 9th Dec.—he went into the tap-room, the door of which closes of itself—I went into the passage, and opened the door a little way—I saw him distinctly take a knife off the table, and put it out of sight behind him—I went into the room, and took hold of him—I said he should not leave the house; he said he would—he threw the knife down, and said he was not going to take the knife away—I called for Mr. Procter. Prisoner. Q. Did you not swear that I put it into my pocket? A. I did not, I said you put it under your coat—I will not swear whether you put it into your pocket. COURT . Q. Did you not say, "He took a knife from the table, and put it into his pocket?" A. I said he put it either into his pocket or under his coat—I took hold of him, and said, "You shall not leave the house; you have swindled me out of two pints of beer." Prisoner' Defence. I knocked on the table; she came in; I said, "Bring me a pint of beer;" she said, "You are not going to take that knife;" I said I was not going to take it; I had both silver and coppers in my pocket, it was not likely that I was going to take a paltry knife; I have no pocket in my coat; I threw the knife on the table, and said I did not want it. NOT GUILTY . 235. NELSON GRANT was indicted for wilful and corrupt perjury. MR. ROBINSON conducted the Prosecution. MR. SAMUEL ROBERT GOODMAN . I am clerk at the Mansion-house. I recollect a charge being made by the prisoner against Vincente Perez—I have here the evidence that was given— reads —" Nelson Grant, 253, of the Metro politan police, says, "At a quarter to seven o'clock last night, I was pass ing through the Old Change, a gentleman told me a man was trying to sell stolen property; I went into a public-house, and saw the prisoner there offering to sell a box of cigars; I asked him how he came by them; he said he had no license to sell these goods—afterwards I searched his room, and found two boxes more of the same sort of cigars; he said, 'Very cheap, very cheap, will you buy V I did not understand all he said"—the defend ant was sworn. Cross-examined by Mr. Ballantine. Q. And I presume he gave his evidence in the ordinary manner on oath, orally? A. He did—Perez spoke so badly that nobody could understand him—he spoke quite as a foreigner—there were several foreigners in the Court at the time, and they seemed to be taking a great interest for Perez, and there was great confusion—they did not understand the rules of the Court—he did not sign his deposition. VINCENTE PEREZ ( through an interpreter ). I can speak English a little, but do not understand it—I am in the employ of Mr. Newton, a cigar manu facturer, of Friday-street, Cheapside—I never sell goods but to my friends, who go either to my house, or to the manufactory to give the order—I know Mr. Alfred Lee—I recollect his calling at my house, on."31st Oct. for 1lb. of cigars—the cigars were not there—Mr. Lee told me to take them to my own house, and after his business he would call at seven o'clock next evening for them—I got the cigars next day and a bill from Mr. Newton's manufactory—Mr. Lee called for them on the evening of 1st Nov.—the price was 9 s .— he paid me four half-crowns at the door of my house—I had not got change, and we went to a public-house close by to get change—Mr. Lee, me, and Mr. and Mrs. Pocock, were in the house—Mr. Pocock is the landlord—I got the change, and handed it to him—in about five minutes the prisoner came in with two other persons—I knew one of them—Grant asked for a quartern of gin, he handed me a glass; he is a policeman, and was in plain clothes—I took the gin, and in return gave him a cigar, and then I ordered a quartern of gin, and handed Grant a glass—Grant then addressed Lee, and asked if he wanted to see the cigars—they were then in a box on the counter—the box was shut—it was not opened before we went into the public-house—my house is six or eight steps from the public-house—I asked the girl of the house for a knife to open the box—I opened it, and then Mr. Lee smelt them—I shut the box, and Grant asked me where they were from—I said they were from Mr. Newton's—Grant said they were not Mr. Newton's, they were foreigners, and asked me to—whom they belonged—I answered they came from my master's for Mr. Lee—Grant called Mr. Lee into a corner, and told him I had been for five years the greatest smuggler or contrabandist in England—Grant told Mr. Lee that the cigars were stolen; that a man in the street had told him so—he did not mention who—Mr. Lee went away—Grant told me that Mr. Lee was the principal reporter or spy in London, and he said the same to the landlady—I was then going, and Grant asked me where I was going—I said to my house—Grant saw the bill with Mr. Newton's name to it—he, and another policeman in plain clothes, went with me to my house, and as soon as we got in another person, named Parker, came in—they shut the door—they took the keys from the door and handed them to the policeman Healey, who was in plain clothes—they searched my bouse, and stopped more than two hours—I handed the bills I had to the defendant, and he said they were good for nothing—he then handed them to Healey, who told me immediately to put them into the fire—I cannot say properly in English what Healey said to me, but he held my hand, in order to put the papers into the fire, and said, "You put these in the fire"—I said I did not understand what he said—the prisoner was by my side at the time Healey said this, and by the side of my wife—I took the bills and put them on the table, and would not put them on the fire—Grant said to my wife that the papers were good for nothing—he told us immediately that we should hold our tongues, and not to speak—he spoke to me when Healey told me to put the papers in the fire, but I did not understand what he said to me—my wife understood—she is an Englishwoman—I understood when Healey told me to throw them into the fire, and also when Grant told me to keep silent; but he spoke to the ear to Healey alone afterwards, and then Healey came back to me with the same papers to insist again to throw them into the fire—they searched my room, and took away three boxes of cigars, of which I have the bill—this is it ( produced )—it is the bill I showed to the policeman in the public-house—the cigars are called Espartero cigars, because we made some in the manufactory for General Espartero, and they gave them that name—" Cavanahs" is a name given to cigars as if they were foreign—the bills were made out as purchased by me—the cigars Mr. Lee had are not here, I have smoked them—the police took the cigars, and the other effects of the house, and put them together in a cab . and took me and my wife prisoners—Parker and Healey went outside the cab , and Grant, I and my wife inside—they took me out of the City through the Strand—my house is 29, Old Fish-street, in the City—they stopped the cab in the Strand, and we were taken back to a station in the City and shut up. COURT . Q. Had you a licence? A. I do not sell cigars to anybody—I have no licence, because I sell nothing—I was not asked in the public-house whether I had a licence—I was not asked that anywhere—I told the police man that they were the cigars of Mr. Newton—I was not then asked whether I had a licence. WILLIAM NEWNHAM ( City policeman , 67). I was the sergeant on duty at Garlick-hill station, about ten o'clock on this night—I was not in the charge-room at the moment Perez and his wife were brought in—I saw them after they were in custody—I heard the charge made of hawking goods without a licence—that charge was entered in the book—they must have been in the room about five minutes before I came in—( the charge being read, was for selling a quantity of cigars and tobacco, not being duly licensed )—they were bailed immediately—at the time I entered the charge-room Perez's wife was standing in the dock with him, but she was directed by the Inspector to stand down—the Inspector is not here—he has not been subpœnaed, I have—I heard Grant say that when he first saw them he suspected the goods were stolen—it is the ordinary course to enter charges in this book—we first hear the circumstances, and the charge to be made before the Magistrate is the one entered. VINCENTE PEREZ re-examined. I was bailed out and went away—I was taken next day before the Lord Mayor—the defendant made a statement and I was discharged—I never saw him before I saw him in the public-house—I never said in his presence, "Very cheap, will you buy?" Cross-examined by MR. BALLAMTNE . Q. Have you any attorney or lawyer in this case? A. A man who has made the case; I do not remem ber his name—it is Johnson—I am called "Vincente" in the manufactory, but "Perez" was my father's name—I use both names—these bills are made out in the name of "Vincente," because they always put that name; they do not put the two. WILLIAM HENRY PARKER . I am a pocket-book maker, and live in Little Distaff-lane, City. I know the defendant—I saw him on 1st Nov., between four and five o'clock in the afternoon, at the King's Head, in Old Change—his brother-constable, Edward Healey, was with him—they went down into the skittle-ground, and played at skittles there, about three hours—I went with them, but neither Grant nor I played—I remained there till seven o'clock—I was in Grant's company the whole of that time—he, I, and Healey then went over to the Crown and Sceptre, which is kept by Healey's brother; it is only seven or eight yards from the King's Head—we there saw Perez and Lee—I went with Grant and Healey from one house to the other—there was nobody in the street at the time—Healey called for a quartern of gin and two cheroots; one I had and one Healey had, and he poured out a glass of gin for Grant, who directly gave it to Perez—he drank it, and he in return put his hand in his pocket, and gave Grant a cigar—about a minute or two after, Perez asked for a knife, in his broken way of speaking English—the landlady gave it him—he untied a brown paper parcel, containing a box of cigars—no one had any cigars out of the box—he said they were good—they were folded up again, and the box remained on the counter—a minute or two after, Grant called Lee on one side; I did not hear what he said, but Lee left within two or three minutes, leaving the cigars—Perez then took the box of cigars under his arm, and was about to leave the house, when Grant placed his hand on his shoulder, and said he was his prisoner, and asked where he was going—he said, "Me do no wrong, me do no wrong; my master's goods"—Grant then went with him to his house—I went about ten minutes afterwards with Healey—the policemen began to search the house—I was detained by Grant as a witness, to take particular notice what things he took away—I had seen him once before that day—I saw some bills found in a box—Grant said, "What, more master's bills? you had better burn them, they will only go hard against you"—I am sure it was Grant that said that—Perez said, "Me no burn"—Grant handed the bills to Healey, and Healey put them into Perez's hande—nothing further was said—I did not hear Healey say or do any thing—I was in the room the whole time they were—I then went for a cab with young Healey—we went over Waterloo-bridge—Grant then hallooed out of the window, to know the nearest station to where this occurred; I said, "Garlick-hill"—Garlick-hill is about a minute's walk from the Crown and Sceptre—I heard the charge made by the defendant at the station—he said, as he was passing from Cheapside down Old Change, a tall stout gentleman stopped him, and said there was a party in the Crown and Sceptre selling stolen property—Perez then placed the bills in the inspector's hands—the inspector said they alluded to the property that was taken—Perez spoke such broken English that very few parties could understand him—the inspector said he could not take it as a charge of felony, and asked what charge he would prefer against him—he said, "Selling goods without a licence"—the inspector asked if he had any witnesses; he said, his brother-constable—an excise officer was sent for—he came and looked at the tobacco and cigars—he said they were English make, and there was no case for him at all—he was then bailed, and went before the Magistrate next morning. Cross-examined, Q. Did you ever go by the name of Johnson? A. Never—I know a person named Johnson, who is here, or was here this morn ing—I cannot inform you what he is, I believe he is a solicitor's clerk—I cannot say that I have been about with him—I cannot inform you what solicitor he is clerk to—I believe he is conducting this prosecution—I did not employ him—I believe he is clerk to a gentleman residing at Walworth—I never saw him at Walworth—I did not send him to the defendant's house—I did not know of his going—that is Johnson ( pointing him out—Johnson was here ordered to leave the Court , MR. ROBINSON stating that he should call him )—he did not go to the defendant's house to my knowledge—I am perfectly aware that he has seen him, but I never sent him to his house—I believe ho went to see him on this case—I do not know that Perez knew of his going—I did not know of his going to the defendant, or seeing him, only on the day that bail was procured—I knew the evening before that he was going—I believe he went on a warrant from the Old Bailey—I never went with him to the defendant's house to my knowledge; I never went into the house—I did not go with him to the house that I remember—I know where the defendant lives—I cannot say the name of the street—it is in Westminster—I waited in the street while Johnson went in—I walked up and down past the door—I did not forget that—we went with a warrant from the Old Bailey; I believe, to take him into custody was the purport of it—we went with a constable from one of the stations, sent by the Magistrate—he went inside with Johnson—I do not know his name—that was the only time I went with Johnson—I did not know of his going at any other time—I never sent him to make an arrangement—I never knew of any arrangement being proposed, nor any money—I never heard a word about it—I did not know that the defendant was a married man until after I had been to the house—Johnson told me so that day, after he had been—I have not seen Johnson at any attorney's office, except at 14, Clifford's-inn—I do not know who lives there—I never took any particular notice of what name was on the door—I went there to see Johnson on this case—he lives on the second-floor—there was no name on the door, as I perceived—I do not know that he was practising there as an attorney—I did not introduce him to Perez—I knew him through meeting him at the Crown and Sceptre—he was there many times along with a friend of mine, named Mellish—I have known Perez about twelve months—I have bought things of him—eight or ten quarters of pounds of snuff, not tobacco or cigars—I have ordered the snuff one day, and he has brought it the next—( looking at a paper produced by Mr. Ballantine ) this looks to me like Johnson's handwriting—I could not swear it was his, it looks somewhat like it—it is something after his style—I have not had an opportunity of seeing much of his writing—it is something similar to what I have seen of his, I could not positively say it was his—I do not believe it to be his handwriting—it is something similar to the writing I have seen of his, but I do not believe it to be his—I believe it not to be his—I could not say otherwise, if I told the truth—I did not see him write it to my knowledge—his address is "Mr. Johnson, 14, Clifford's-inn, Fetter-lane; second floor"—I have never been there but once—this was not a memorandum given to me ( looking at another paper )—I do not know whose writing this is—I have never to my knowledge seen Mr. Skinner, of 8, Apollo-buildings, Walworth-road—I believe he is Johnson's master; so I have been given to understand—when we came over from the skittle-ground, I did not go first into the public-house—we all went in together—that I swear. Court. Q. How many persons were there in the skittle-ground? A. I should Say from fourteen to sixteen or eighteen—nearly all of them were known to me—I was in conversation with them—our party left the skittle-ground rather abruptly—we went up to the bar after leaving the skittle-ground, and had a quartern of gin—we did not leave abruptly—we left there and went to the other house, because Healey was in the habit of going there before he went into the police, and he went to see Pocock—I and Grant went with Healey because he was an old companion of mine for three or four years past, and I had not seen him for some time—we went over to have a parting quartern of gin before they went on duty—they were not on duty at that time—Healey was in private clothes—I was sitting beside Grant in the skittle-ground the whole time—we were in the ground from between four and five o'clock till nearly seven—we moved and walked about, and were in conver sation—I conversed with other persons, and so did he—we all went direct from one house to the other. ALFRED LEE . I am an export-oilman. On 31st Oct. I called at Perez's lodging, about seven o'clock in the evening, and asked him for a box of cigars—he said he had not got them then, the warehouse was closed; and if I called next evening, at seven, I could have them—I went at seven next evening, and gave him four half-crowns—he went up stairs to put his coat on, and said he would come out and give me change—I knew that the cigars came from Mr. Newton's—I had bought several boxes of him before—I have never been to Mr. Newton's—I did not like walking about the street, and I went round to the" Crown and Sceptre for some few minutes—Perez came there, and put the cigars down on the counter at the bar—I had given Perez the four half-crowns, and he was to give me a shilling change—he brought in the box of cigars, and gave me ls.—he asked me if I should like to look at them—I said, "Yes," and he opened the box, and said they were good—I was present when the defendant came in—the first thing he did was to come up and ask Perez if he had a license for selling those cigars.—Perez answered as well as he could that he was selling them fur his employer, Mr. Newton—he did not say whether he had a license or not, in my presence—he said, "I am selling them for Mr. Newton." COURT . Q. Did he say, " No , I am selling them for Mr. Newton?" A. I did not hear him use the word "No;" he might have said so, but I do not exactly recollect that particular word. MR. ROBINSON . Q. Did he give you a bill? A. Yes, headed with Mr. Newton's name—there are three articles in that bill—the box of cigars was mine—I went away shortly after that and left the cigars on the counter, the defendant called me on one side, and asked how lons I had known Perez—I said, "Some little time, through a friend"—he then said he was either a great smuggler, or a notorious smuggler, and he had been on the look out for him for some time—Perez did not offer me the cigars for sale, in any other way than opening the box, and pointing them out to me—there was nobody there but me, and I had bought and paid for them previously—I smelt them, and he said, "Good"—I did not hear him say, "Very cheap, very cheap, will you buy?"—these were English cigars—cigars are made in England, and have foreign names given to them. Cross-examined. Q. I suppose these cigars were for your customers? A. I am not in the cigar line; they were for my private smoking—( looking at a paper )—I cannot say whose writing this is—I know a young man named Johnson that has been connected with this case—I was introduced to him as being the solicitor—I have been given to understand that he is a solicitor—I never saw him before I was introduced to him to give my evidence to him. COURT . Q. How did Perez open the box of cigars? A. I believe with a penknife—he brought them in tied up—they were not opened till he brought them there, though I had paid for them before at his own door—Mr. Pocock was not present, Mrs. Pocock was—the first thing the defendant said was, "Have you a license for selling these cigars?" and the answer was that he was selling them for Mr. Newton—I understood that a person selling for his master did not require a license—his answer was, "No, I have not a license, because I am selling them for Mr. Newton"—that was his answer, to the best of my recollection. HENRY STOREY . I was in the skittle-ground of the King's Head, Old Change, on 1st Nov.—I went in about four o'clock with Healey and Grant—I remained there about three hours, and was in the skittle-ground the whole time—Grant was there the whole time—I did not keep my eye on him all the time, but I do not think he was out of the ground—Grant and I left as nearly together as possible; I was four or five yards from him—he wished me good-day, and I followed him from the bar to the door, and saw him pass on to the opposite side and go in—we had been having a parting glass be tween three or four of us—we had been in conversation at the bar about a quarter of an hour or twenty minutes—while I was with him nobody told him that there was somebody in a public-house selling stolen property—I swear that for that quarter of an hour no one said so to him—there was not a soul in the place, and had not been for ten minutes—there were several persons in the skittle-ground—I sat next him on one side; I do not know who sat on the other Cross-examined. Q. Did you play a game of skittles? A. I did—I did not see him play; I only sat by his side for about three-quarters of an hour—he was sitting by himself—there might have been a dozen persons in the ground; only four were playing—while I was playing, Grant sat on a bench on my left—I will not undertake to say that he did not speak to any one else —I do not think any one spoke to him—I most likely kept my eye on the game. WILLIAM THOMAS POCOCK . I keep the Crown and Sceptre. On the evening of 1st Nov. I went to Perez's house—I did not see the search that took place; they would not let me in till the had done searching—I saw the hills produced tor the goods that they took away; nothing was said about them in my presence—I was at the police-station afterwards—I did not hear any statement or charge made by the defendant; I was too late—I had gone to fetch Perez's master, Mr. Newton. Cross-examined. Q. Did Johnson say any thing to you just now, outside the Court? A. To me, Sir? no, I do not recollect—he has not spoken to me within the last five minutes, not about this business—I can hardly recol lect what he said—he did not say, "Pocock, you must be sure;" I swear that—I think the words he made use of were, that if I was asked respecting the solicitor, it was Mr. Skinner, which I knew before—he did not say I was to be sure to say it was Mr. Skinner—I was to say it was Mr. Skinner, of Apollo-buildings, Walworth-road, if 1 was asked the question, and I said I knew it—he told me to say so—( The Court directed Johnson to be called in, but he did not answer )—I always understood from the commencement that Mr. Skinner was the solicitor—I understood so from Johnson. COURT . Q. Was that all that passed between you? A. Every word—it was outside, as I sat in the waiting-room—he came and sat by my side, and said, "If you are asked respecting the solicitor, you are to say Mr. Skinner, of Apollo-buildings, Walworth-road." WILLIAM FLETCHER . I am assistant warehouseman to Newton Brothers. Perez is in their employ—I know that he has obtained several cigars from the warehouse for his friends—they were paid for by his friends or himself—there was an allowance made to him, but I have nothing to do with that; Mr. Newton attends to that—it is not a rule in the establishment, but I believe it is with him—I hate been present when he has paid money in that way for cigars. COURT . Q. How were the bills made out? A. In the name of the buyer that he mentioned—they are not always made out in his own name; they are at times—when they are for himself they are in his own name, but when they are for his friends, he states the name of his friend—he does not sell them again; he purchases for his friends, not in his own name—the bills produced are in his name—they are not my writing—he purchases both in his own name and others—I recollect his purchasing in the name of Franco and Bastides, for I have written the invoices myself—the British cigars are 10 s . or 12 s . a pound, and the foreign 23 s . or 25 s .—Vincente may be allowed ls. a pound, but I have nothing to do with that. NOT GUILTY . 236. RICHARD HEWITT , alias Hodson , feloniously uttering a forged order tor the payment of 3 l ., with intent to defraud "William Benning.—2nd COUNT , calling it a warrant. WILLIAM GRANGER BINNING . I live at 43, Fleet-street, with my father, William Benning, a law-bookseller. On 2nd Dec. the prisoner came, ard asked for the new edition of "Williams' Executors"—the price was 3 l . 8 s .—I took off discount, and let him have it for 3 l . 1 s . 6 d .—he gave me this check for 5 l . ( produced )—I gave him the difference, 1 l . 18 s . 6 d .—he said the books were for Mr. Scott's son, of the firm of Mytton, Scott, and Edwards, Southampton.-building's and he was going to the Bolt-in-Tun, to send them by railway—( read —"Messrs. Ransom and Co., Pall-mall. Pay office law-books, or bearer, 5 l . on my account, JOHN SCOTT . "') JOHN SCOTT . I am one of the firm of Mytton, Scott, and Edwards. This check is not my writing—I do not bank with Messrs. Ransom, but with Dixon and Co., of Chancery-lane—I have no son. JOHN ALGER . I am a bookseller, of Little Turnstile. On 6th Dec, the prisoner offered me these books for sale—I asked him to leave them till next day, and gave him 10 s . as security—I took them to Mr. Amer, who in formed me that Mr. Benning had lost books—Mr. Amer put a mark on them in my presence—these are them. WILLIAM AMER . I am a law-bookseller, at the corner of Lincoln's-inn Gateway. On 7th Dec. Mr. Alger brought a copy of "Williams' Executors" to dispose of—it being only published about a week, and being an uncut copy, I thought it not fairly come by, but Mr. Alger gave a very straightforward account of how he came by them—I put a mark on them, these are the same. HENRY ROWE ( City-policeman , 356). I took the prisoner. Prisoner. You know that I have a wife and family in the greatest dis tress? Witness . Yes—he gave his wrong name and address—I found on him 30 s . worth of sweep tickets for races, at ls. apiece, to be drawn on 2nd Dec, at Mr. Appleyard's, of the Magpie and Stump, in Newgate-street—one of the tickets turned up a prize of 10 s .—I drew it by order of Mr. Wood, the chief clerk—I have here some letters, which I found on the prisoner—he represents himself as a Mr. Hodson, doing business as a solicitor, but I can not find that he has been in any situation—I found his wife in the greatest distress, in an empty house, and three children lying on a bed, with no cover ing on them—he had the key in his pocket—there is no name to the tickets, they are numbered—I was not present at the drawing—you are not obliged to be there—you produce the ticket, and they give you the money—the 10 s . was given to me and my brother officer by a young woman behind the bar, on the production of the ticket—I did not see any accommodation for draw ing a lottery, only in front of the bar—they professed to draw it in the house—I think this writing on the ticket, "Appleyard, lucky number, 748, "is the prisoner's writing—that was drawn one day last week—the race was run, I think, on 13th—I have never seen the prisoner write—I have a great many papers which I found on him—I have been to a Mr. Gore, of Old Jewry-chambers, and I find the prisoner has been acting as a solicitor to him. Prisoner's Defence. The check was given to me by a young man to pass; he said it came from Mr. Scott, in the manner that I said. GUILTY . on 2nd COUNT . Aged 32.— Confined Two Tears . 237. WILLIAM DANFORD , stealing 1 basket, 2 sheets, and other articles, value 2 l . 13 s .; the goods of Mary King ; having been before con victed. MARY KING . I am a widow, and live at S, Salisbury-street West, Cam den-town, in the parish of St. Pancras—I am a laundress. I bad a basket of linen intrusted to me to wash—these produced are the things. WILLIAM FINN ( City-policeman , 276). I saw the prisoner and two others with a basket of linen, in Long-lane—I stopped the prisoner, the others got away—I asked what he had got—he said washing, and he was going to take it home—he immediately pushed the basket into my face, gave me a severe kick in the ankle, and escaped—a gentleman stopped him—Mrs. King's carman came up and identified the things. Cross-examined by MR. PAYNE . Q. Where were the other two? A. Behind him—they whistled and ran away as I stopped him—I saw him stopped in Barbican, about forty yards from where I first stopped him—I was not two yards behind him, and never lost sight of him—I am sure he is the man. CHARLES COLLINS . I am a carman, of Salisbury-street. I had this basket of linen safe in my cart when I paid the toll at Smithfield—Mrs. King called my attention to the loss of it—I went down Long-lane, and saw the prisoner with it on his head—the policeman stopped him, he threw it down, and ran away—I picked it up. Cross-examined. Q. "Were you and Mrs. King both in the cart? A. Yes—it was seven o'clock at night, and was in a dark place. Prisoner's Defence. I was offered 1 s . to take it to Whitechapel. BOHLE HARMS ( City-policeman , 288). I produce certificate of the prisoner's conviction—( read—William Matthews convicted Aug ., 1845, and confined six months )—I was present—he is the man—he was tried again in 1846. GUILTY . Aged 19.— Transported for Ten Years . 238. MARY ANN SIMPSON , stealing 1 pewter pot, value 1 s .; the goods of Andrew Alexander . WILLIAM HOWE ( policeman, H 168). On 8th Dec. I was called to the Crooked Billet—the prisoner was given in my charge for stealing this pot—( produced )—she said some one must have put it into her basket—I found it there. WILLIAM SMITH . I am potman to Mr. Andrew Alexander, of the Crooked Billet. On 8th Dec, between eight and nine o'clock at night, the prisoner came and called for a pint of beer, and stood some time at the bar drinking it—a woman told me something—I asked the prisoner what she had in her basket—she said, "Nothing"—I felt, found the pot, and told my master—the policeman came and took it out—she said she knew nothing about it, some body must have put it there. Prisoner. I was there all the afternoon, and was very tipsy. Witness . She was not there above twenty minutes—the pot is worth ls.—she may have been the worse for liquor. GUILTY . Aged 42.— Recommended to mercy.— Confined Seven Days . 239. BETSEY CLEMENTS , stealing 2 combs, and other articles, value 8 s .; the goods of Richard Ward , her master; to which she pleaded GUILTY . Aged 14.— Confined Two Months . 240. ELLEN GRIFFITH , unlawfully having counterfeit coin in her pos session. MESSRS. ELLIS and Parnell conducted the Prosecution. ANN SCARBROW . I was at the City of Carlisle public-house, in Shoreditch, on 24th Nov.—the prisoner came for a biscuit, and offered me a bad fourpenny-picce—I gave it her back, and she gave me a penny—she said she got the fourpenny-piece next door. JOHN NICHOLLS ( policeman, G 180). The prisoner was given into my custody, and the female searcher gave me these three groats. HARRIET HAYWARD . I was about to search the prisoner, and she said, "I will soon show you what money I have"—she took a handful of money from her bosom, and put it on the table—she took two fourpenny-pieces from amongst the halfpence, and put them in her mouth—I said, "That won't do; you have got them in your mouth"—she took one out—I said, "There is another you took, and I will call an officer if you don't give it up"—she then gave me the other—I heard something drop—I looked down, and there was another fourpenny-piece on the floor—I gave the three to the inspector. CALEB EDWARD POWELL . I am inspector of coin to the Royal Mint. These are all counterfeit, and two of them are from the same mould. Prisoner's Defence. I went to the Carlisle public-house, and a man asked me to have a biscuit and cheese; I paid with a fourpenny-piece which I had from him; when the bar-maid said it was bad, I returned it to the man; we then went to the Hen and Chickens, and he gave the man two fourpenny pieces; he then gave me four shillings, and I disputed about it, knowing he had bad money; he said if I did not go home with him, he would charge me with robbing him, and he charged me with robbing him of 10 s .; I know I put the two fourpenny-pieces into my mouth; I did not know that the other was bad; they had me up next morning, and sent for the waiter at the Carlisle, and from the Hen and Chickens, and he stated that the man gave him a bad fourpenny-piece the night before; I was remanded till Wednesday; the man was not up against me; he had given two false addresses, and the Magistrate said I must be acquitted of that, but he should send for Mr. Powell to know if the fourpenny-pieces were bad, and I was committed for that; I told them the man gave me the fourpenny-pieces. GUILTY . Aged 22.— Confined Nine Months . 241. MARY ANN WATSON , unlawfully uttering counterfeit coin. MESSRS. ELLIS and PARNELL conducted the Prosecution. HARRIET OAKES . My husband keeps a chandler's shop, in Richard-street, Commercial-road. On 26th Nov., between seven and eight o'clock in the evening, the prisoner came for two penny long candles, and two halfpenny bundles of wood, and gave me a bad crown—I gave her 4 s . 9 d . change—I gave the crown to my niece, Julia—she brought it me back, and I took it to the station, and gave it to the inspector—he returned it to me—I marked it, and gave it to Potter. Prisoner. Q. How was I dressed? A. In a white straw bonnet—I am sure she is the woman. JULIA OAKES . Mrs. Oaks gave me the crown—I took it to get change, and brought it back. WILLIAM CHARLES POTTER ( policeman, K 212). I received this crown, from Mrs. Oakes. ANN CARRUTHERS . I am the wife of James Carruthers—we keep the King's Arms, in Back-road, St. George's. On 29th Nov. the prisoner came for a pint of beer, and put down a crown-piece—I saw it was bad—I called my husband, and gave it to him—he asked the prisoner where she got it—she said she got it in the morning, but could not say from whom. JAMES CARRUTHERS . My wife gave me a bad crown—I told the prisoner it was bad, and wanted to know where she got it—she said she had it handed to her in the way of change in the morning—she said she lived at No. 14, down the street—I said I would go there and ascertain if it were true—I gave her in charge—I marked the crown, and gave it to Ford, the officer. JEREMIAH FORD ( policeman, K 317). I took the prisoner, and have the crown. CALEB EDWVRD POWELL . These are both counterfeit. Prisoner's Defence' . I am unfortunate; I met with a man, who asked me; to go home with him; we walked on, and he told me to go into that house for a pint of beer; I did so, and had down a 5 s .-piece that he gave me; I did not know it was bad; I asked him to go with me; he said if he did I should run away, as he had been tricked before, and he gave me in charge. Witnesses for the Defence. MARGARFT JOHNSON . My husband is a labourer—we live at 16, Flower-and-Dean-street. On the Sunday before the prisoner was taken, she was not out of my company, and my husband's, and four children, from half-past six till ten o'clock, when she went to bed. Cross-examined by MR. ELLIS . Q. Do you recollect her going before the Magistrate? A. Yes, and I went there and mentioned this at the time—she has lived with me about five weeks—she is an unfortunate woman—I mind her baby for her—my house is about half a mile from Richard-street—she came in about five o'clock—my husband said we had a bit of victuals, and she should have part of it—he works Sunday-work as well as day-work at the gas—he is not here. WILLIAM FISHER . I am a basket-maker. I have lived at Mr. Johnson's, in Flower-and-Dean-street, for six weeks—I do not keep a shop—I work on my own hands, at fancy basket-making—at the time the prisoner is accused of being out of the house, she was in the house—I was in at the same time with Mrs. Johnson. GUILTY . Aged 19.— Confined Six Months . 242. JOHN CLIFFORD was indicted for a like offence. MARIA WILSON . I keep the Victory public-house in Edgware-road. On the evening of 21st Nov. the prisoner came for half a quartern of rum—I served him—he gave me a shilling—I gave him 9 d . change—I marked the shilling, and put it on a shelf in the bar—this is it—next evening he came again, about half-past nine o'clock, for a pint of beer—he offered me a shilling—I said it was bad, and. I should give him in charge—he asked me why—I told him he knew the reason—he said he thought he had not been in my house the night before, but when I called it to his recollection he said he had, for some rum—I sent for the officer, and gave him into custody—I gave the second shilling to the officer. Prisoner. Q. Did you observe the first shilling was a bad one? A. Not when I gave you the change. RICHARD YOUNG ( policeman, D ) 140). I was called, and took the prisoner—Mrs. Wilson gave me this shilling—the prisoner said he rook it of a man—I said perhaps he would be able to find him—he said no, he could not—I found 5 1/4 d . in copper on him—I received this other shilling from Mrs. Wilson. CALEB EDWARD POWELL These are both counterfeit. GUILTY . Aged 22.— Confined One Year . 243. JOHN FRANKLIN was indicted for a like offence. HONOR BACON Mr. Hayes, at the Swan with Two Necks, at Finchley On 6th Dee. the prisoner came, about six o'clock in the evening, for half a pint of beer, and gave me a sixpence—I gave him change and he left—I then looked at the sixpence, and showed it to Mr. Hayes—I did not give him any other sixpence that evening. JOHN HAYES . I received the sixpence, went after the prisoner and found him in Mr. Axford's, nearly a quarter of a mile off—I said he had given me a bad sixpence—he said he was not aware of it, a gentleman at Paddington gave it to him—I asked Miss Axford if she had taken any money from him—she said, "Yes," and had given it to her father—the prisoner ran away; I ran after him, and gave him to the officer—I marked the sixpence I had received, and gave it to the officer. JANE AXFORD . I am the daughter of Edward Axford, a grocer, at Finchley. On 6th Dec. the prisoner came for a pennyworth of beer—he gave me a sixpence—I gave it to my father. EDWARD AXFORD . My daughter gave me a sixpence—I gave her 3 d . change, when Mr. Hayes came in and said to the prisoner he had given him a bad sixpence—I said he had given my daughter a sixpence, and I had given him the change—the prisoner then ran away, and left his beer—I ran after him, and found him near the Swan with Two Necks, lying down in the road—an officer was sent for—I gave him the same sixpence my daughter gave me—the prisoner said he had been loading dung at Paddington, and a man gave him two sixpences for doing it. THOMAS MAY ( police-sergeant, S 31). I took the prisoner, and have the two sixpences. CALEB EDWARD POWELL . These are both counterfeits, and cast in the same mould. Prisoner's Defence. I worked for a man, and he gave me the sixpences. GUILTY .— Confined Six Months . 244. WILLIAM SULLIVAN was indicted for a like offence; to which he pleaded GUILTY .— Confined One Tear . 245. CHARLES CLARKE was indicted for a like offence; to which he pleaded GUILTY .— Confined Four Months . 246. JAMES SMITH and JOSEPH GOODBODY were indicted for a like offence; to which SMITH pleaded— GUILTY . Aged 22.— Confined Four Months . MR. ELLIS offered no evidence against GOODBODY — NOT GUILTY . 247. ALFRED SMELT was indicted for a like offence. WILLIAM HARRISON . On 11th Dec., about four o'clock in the afternoon, I was coming along Hatton-wall and met the prisoner—he asked if I would go and get him a glass, and he gave me a half-crown—I was. to meet him again at the Rose, and bring the glass and the change—I went to Mr. Abell's and found the half-crown was bad—I went to the Rose and saw the prisoner—I told him Mr. Abell wanted him, and the half-crown was bad—he called him a d—n rogue and ran away—I marked the half-crown—this is it. THOMAS ABELL . On 11th Dec. Harrison came for a glass—he gave me half-a-crown—I detained it—Mr. Bateman called upon me and took it—I told Harrison it was bad, and asked him where he got it—he said, "From a man at the corner of Hatton-garden"—I told him to send that man to me, for 1 had got three or four bad half-crowns—I kept the half-crown. ELIZABETH BATEMAN . I am the wife of George Bateman, a glass-cutter. On that Monday evening the prisoner came in and asked for a square of glass—it came to sixpence—he offered me a 5 s .—piece-Mr. Bateman took it from me. GRORGE BATMAN . I was in the shop when the prisoner came—I took the crown out of my wife's hand and discovered it was bad—I asked the prisoner where he got it—he said from his master, who lived in Red Lion-street,—md he would go back and bring the money for the glass—he went away—I made a mark on the crown; this is it—I showed it to Mr. Abell—some time after, the prisoner came back with a sixpence to pay for it—I gave the crown to George Drake—I received a bad half-crown from Mr. Abell—I gave it to Mr. Julian, the Inspector—this is it. GEORGE-DRAKE . I was in Mr. Batrman's shop when the prisoner came in—Mr. Bateman told me to go with him to Red Lion street—when we were in Cross-street, Hatton garden, the prisoner said he would give me 2 d . it I would give him the crown back again—I said, "No"—we parsed a public-house—he wanted me to go and have something to drink—I refused—he offered me 9 d ., and said that it was all the money he had, if I would gave him the crown back—two men came up and asked what was the matter—I said, "A bad crown-piece"—they wanted me to give it to the prisoner, ard I would not—they had a crown-piece in their hand, and they asked me if it was like that crown that they had—I told them it was, but I was not going to let them have it—they had a handful of silver—before we left, one of the men went into the public-house and wrote the prisoner's address on a bit of paper—he brought it out to me—I did not part with the crown—I took it back to Mr. Bateman. HENRY DIGGIN . I received the crown from Drake—I gave it to the officer. JOHN JULIAN . I am an inspector of police—I produce this half-crown. JOHN HART ( policeman, G 92). I saw the prisoner in Mr. Bateman's shop—Drake went with him—he came back, and I went after the prisoner—I found him in a public-house—I produce this crown piece. CALEB EDWARD POWELL . These are both counterfeit. Prisoner. I am innocent. GUILTY .— Confined Nine Months . 248. WILLIAM JOHNSON was indicted for a like offence. SUSANNAH HALLAM . I keep an oil-shop in Aylesbury-street. On 4th Dec., about half-past ten o'clock at night, the prisoner came for some mixed pickles—he gave me a 5 s . piece, and I gave him 4 s . change—I said I sup posed the crown was a good one—he said if he had but a wagon load of them he should do very well—I put it into the till—there was no other crown there—I afterwards took it out, and put it on the shelf—I gave it to the officer. CATHERINE TYE . I received a crown piece from Mrs. Hallam, between the 4th and 7th Dec.—I went to am neighbour with it—I brought it back to my mistress. RICHARD WALKER ( police-sergeant, G 33). I received this crown from Mrs. Hillam—I was with Allen when he took the prisoner the day before—I saw the prisoner take some thing from his right hand pocket and drop it—Allen took it up—it was three half-crowns. GEORGE ALLEN ( police-sergeant, G 16). I saw the prisoner with two otner persons, in Aylesbury-street—I followed and took the prisoner—he dropped these three halt-crowns—he said, "You won't have it, "and he tried to put his foot upon them—I took them up. CALEB EDWARD POWELL . These three half-crowns are counterfeit, and from the same mould—this crown is bad. GUILTY . Aged 22.— Confined Nine Months . 249. HENRY BRIDGER , stealing 1 machine for making sweetmeats, value 2 l . 15 s .; the goods of John Wagstaff , his master. SARAH WAGSTAFF . The prisoner was employed in our house in the summer, to work—on 16th Nov., between one and two o'clock, he asked me to go and fetch a bason and flannel—I went out and returned, in four minutes he was gone, and the machine also, which I had left on the table—it belonged to my husband, John Wagstaff. Prisoner. This woman took an apartment for me to show her a few recipes; I was there four days, and had only 10 s . 6 d . for showing her; on the last morning she asked me if I had anything to do; I said, "No;" and I went away in her presence. JOHN SMITH . I saw the prisoner go out at the street-door that day with a parcel under his arm. GUILTY . Aged 22.— Confined Four Months . 250. EDWARD HAGGER , stealing 1 shawl and 6 yards of cotton, value 1 l . 8 s .; the goods of Edward Thompson . EDWARD THOMPSON . I am a linen-draper, of High-street, Tottenham. I had some printed cotton, which I saw safe inside my shop on 8th Nov.—a policeman came and gave me some information, and I missed a shawl—the policeman produced it, and a piece of print—I identified them—I had seen them both about an hour and a half before—I had not missed them—these are them—here is the mark on the shawl. Cross-examined by MR. SLEIGH . Q. Is this the only shawl you had at that time? A. The only one of that colour and pattern—this mark is my own writing, and I can swear to it—we were rather busy in our shop that evening—we had not more than nine or ten customers—this shawl was at the back of the window—a person in the shop could not reach it without an effort—the shop was not left without some person in it—I saw a woman in the shop, placed in rather a suspicious position, behind another customer, where she could have taken it. JOSEPH EMMETT ( policeman, N 351). I stopped the prisoner about half a mile from the prosecutor's shop, with this shawl under his coat. GUILTY . Aged 36.— Confined Four Months . 251. SUSAN HAGGER, stealing 17 yards of printed cotton, value 10 s .; the goods of Edward Thompson . EDWARD THOMPSON . On 8th Dec. I had this piece of printed cotton on a pile in the shop—it was safe in the course of the day, and I missed it—when the policeman brought the shawl, he said he had two persons in custody—I went and identified the prisoner as having been twice in my shop—she was searched, and this print was found on her—it has my private mark on it—I only know by repute that she is the wife of Edward Hagger—they have always passed as "man and wife—they have two children, and occupy a house—my firm belief is that this print and the shawl were taken at the same time "hen the prisoner was waiting to be served—my young man desired her to go to another part of the shop. Cross-examined by MR. SLEIGH . Q. Did the prisoner pay for the articles she had? A. Yes—she spent 2 1/2 d . in the first instance, and about 2 s . 4 d . the second time. ANN EMMETT . I searched the prisoner, and found this print between her knees. NOT GUILTY . 252. THOMAS HOLDITCH , stealing 2 3/4 lbs. weight of tea, value 10 s .; the goods of the London Dock Company : to which he pleaded GUILTY . Aged 17.— Recommended to mercy.— Confined One Month . 253. CHARLES SMITH , stealing 1 pair of boots, value 7 s . 6 d .; the goods of Edwin Kendall ; to which he pleaded GUILTY . Aged 22.— Confined Three Months . 254. THOMAS SMITH , stealing 1 coat and 1 cloak, value 25 s .; the goods of William Woolfe Bonney ; having been before convicted. WILLIAM WOOLFE BONNEY . I live in Knightsbridge, and am a wine-merchant. On 13th Dec. I came to Farringdon-street in my phaeton—I had my coat and cloak in it—I left for about an hour, and when I returned my coat and cloak were gone—these are them—I had left them with Pardey, my servant. JAMES PARDEY . I had the care of these things—I left them in charge of the waterman, while I went to the coffee-shop, to get some refreshment. BLNJAMIN ADAMS ( Cily-policeman , 214.) I took these things from the prisoner about five o'clock the same evening. Prisoner. I bought them of a Jew, in Petticoat-lane. GEORGE SCOTT ( City-policeman , 560.) I produce a certificate of the pri soner's former conviction at this Court, by the name of Thomas Hickey—( read—Convicted Oct. , 1847, and confined six months )—the prisoner is the man. GUILTY . Aged 19.— Transported for Seven Years . 255. GEORGE WILSON , stealing 2 coats, value 3 l . 2 s .; the property of William Martin . THOMAS JACOBS . I am assistant to Mr. William Martin, of 156, Fleet-street. On 11th December, about six o'clock, the prisoner came, and said he wanted an outfit—I showed him a great coat—he said it was not good enough—I showed him two or three more—he made the same objection to them—I got another—he put that on—and said it would do very well—he wished to see another, and I got him another, and asked him to take the other off—he said that did not matter—he put it on over the other—he then wished to see some trowsers—I showed him some, at 1 l . a pair—he said that was too much—I was on the steps getting some more, and he ran out with the two great coats on him—I ran after him, and took him, down Bouverie-street—he struck me, and kicked me several times. Prisoner. You saw that I was tipsy. Witness . You were not; you had been drinking. SAMUEL EVANS . I saw the prisoner come out of the shop with the two great coats—he rap. down Bouverie-street. MICHAEL HURLEY ( City-policeman , 239.) I took the prisoner with these two coats on—he had been drinking. GUILTY . * Aged 56— Confined One Year . 256. JOHN REVELL , JOHN THOMPSON , and JAMES FENTON , stealing 90lbs. weight of coals, value 1 s . 6 d .; the goods of John William Miller and another, master of Revell; Revell having been before convicted. JOHN WILLIVM MILLER . I am partner with Richard Robins, at Nine Elms, Revell was our apprentice—he was employed on 23rd Nov., to bring up a barge of coals named the George —he had no authority to hand over coals out of that barge to anybody. JOSEPH JOHN LEWIS ( Thames-police inspector. ) On 23rd Nov., about one o'clock in the day, I saw Revell in the barge—he was looking towards a boat, in which the other two prisoners were, and one of them was putting a large piece of coal into the boat—I did not see Revell hand it down, but he was looking at their—we found about 90lbs. weight of coals in the boat—the hoys said that Revell gave it them—Revell said, "No, I know nothing about it; they are our coals, but I know nothing about their being taken"—the boys had assisted Revell with the barge, though it was not necessary for him to have assistance. Revell . I met with an accident, and got my boat sunk; these boys came and said they would take my barge on shore; a young man took my boat hom", and these two boys came, and said they would go up in the barge with me, and give me a cast on shore; I meant to give them a pint of beer for taking me on shore; I went under the head-sheets for about five minutes; the officer came, and took them in their boat, and there were the coals, but I know nothing about them; the boys did not say that 1 gave them to them. Witness . They said that the first thing—Revell had no money in his pocket—I heard him tell these little boys to say that they took the coals from another barge, and that would clear the whole three of them. ROBERT RATLIFF ( policeman, V 181) I produce a certificate of Revell's former conviction at this Court—( read—Convicted Feb. 1848, confined three days )—he is the person. REVELL — GUILTY . Aged 20.— Confined Six Months . THOMPSON and FENTON — NOT GUILTY . 257. JOSEPH CAMPBELL and JOHN SMITH , stealing 2 sheep, price 3 l . 12 s .; the property of James Kilby . JAMES KILBY . I live in Aldgate High-street, and am a butcher. About 25th Nov. I had forty-three sheep in the marshes in the Isle of Dogs—I missed two of them—I have since seen the skins and the fat—it was fresh, killed. Campbell. Q. May not these have been sent to the tan-yard? A. They were not—they were found, and I identified them. JAMES HAMS ( police-sergeant, K 21). I saw the prisoners in Limehouse on 25th Nov., a little before twelve o'clock at night—that is about a mile from the Isle of Dogs—I went to Campbell's lodgings, and to Smith's. Cross-examined by MR. PAYNE . Q. Have you anybody here to prove it was Smith's lodging? A. No, I summoned the landlady of each of the prisoners, and the Alderman would not examine them. COURT . Q. What did you say? A. I asked Watts, who was called as a witness for Campbell, if he lodged in his house—he said, "Yes," and Campbell made no remark—I searched that house, and found nothing relating to this charge—I asked Stevens, the landlady of Smith's lodging, in presence of Smith, "Is that the person who occupies the room in your house?"—she said, "Yes"—I found in that room 6lbs. of mutton fat, and a sack stained with blood—some skins were found there, but not by me. Cross-examined by MR. PAYNE . Q. Where was it you said to Stevens, "Is that the person who lodges at your house?" A. At the police-court, Guildhall, in presence of the Magistrate—Stevens was by the side of the dock—the Magistrate was on the bench—Smith made no answer—I could not swear that he heard it—I said it so that he might hear it. JOHN WARRIOR . I am in the employ of Mr. Kilby. I saw his sheep safe on Saturday, 25th Nov., at four o'clock—there were forty-three of them, and the next morning at half-past seven two were gone. THOMAS TYLER ( City-policeman , 112). I saw the prisoners on the night of 30th Dec.—I followed and took them into custody—I found some skeleton keys on Campbell—I went and searched Campbell's lodging—I found two sheep-skins there, which were identified by Mr. Kilby—Campbell said that a man had left them there—I found this butcher's hook at Smith's. Cross-examined by MR. BRIARLY . Q. How do you know it was Camp bell's lodging? A. He gave that address, and I saw a woman who he said was his wife. JOHN DAVIS ( policeman, K 94). On the night of 25th Nov. I saw the two prisoners in Three Colt-street, Limehouse—we had to remove a cart, which was selling cheese at 3 d . a pound—it caused an obstruction, and I moved it again—Smith came, and said there was plenty of room—it was then about a quarter-past nine o'olock—soon after the two prisoners were engaged in moving the cheese from the cart into two barrows—we then lost sight of the cart, and the two prisoners brought it again about twelve o'clock. Campbell's Defence. I am a skin-dresser. A man brought these skins openly into our shop, and they were bought. GEORGE DAWSON . I keep the Three Compasses, in Harrow-alley, Houndsditch. Campbell was in my house on that Saturday, from three to four o'clock—he read the newspaper—he said he had been to Smithfield, and bought a saddle, on the Friday—he took it to market, and sold it—he came back to my house, and said he had made a tidyish job of the saddle—he was with me till about five o'clock—he said he should take a quartern of rum home with him—I had to go to my son's, and I saw him again—I left him at twenty minutes before twelve o'clock—he was with me from seven o'clock till twenty minutes before twelve. CAMPBELL — GUILTY . Aged 39.— Transported for Ten Years . SMITH — NOT GUILTY . 258. EUGENE MCCARTHY , stealing 10lbs. weight of copper, value 7 s .; the goods of Robert Roe . FRANK ELPICKE . I am a day watchman at the East and West India Dock. I took the prisoner, coming out of the East India Docks, on 13th Dec., at half-past five o'clock in the evening—I found this piece of copper concealed next his person, and held up by a strap—there was a vessel in the Dacks that had copper in it—the prisoner said he had this given to him in the water-closet. Cross-examined by MR. PAYNE . Q. Did he appear to have been drinking? A. I did not perceive that he had—he was with me about half an hour. MICHAEL REMMINGTON . I am chief officer of the ship True Briton , which was lying in the docks—Robert Roe is the master—we had copper on board—I have no doubt this is a part of it—the prisoner was working on board, as foreman of the gang—this copper was stowed in the after-part of the hold. Cross-examined. Q. Was. this covered over? A. Yes, with some casks of potash—their is a stamp on the copper, but no mark of the True Briton —there were 3911 pieces on board—we had ingots like this—the second officer was down in the hold, with the men—I do not know how it was poibible for the prisoner to take it—I said the captain's name was Richard, but he had not belonged to the ship long—I knew his name was R. Roe—I mane inquiry, and heard it was Robert. COURT . Q. Did he tell you so himself? A. No, I heard it from an officer on board the ship, who has known him some years—by reputation I believe his name was Robert. (The prisoner received a good character.) GUILTY . Aged 30.— Recommended to mercy by the Jury.— Confined, Three Months . 259. PETER FLURRY , for a robbery on Isaac Crew , and stealing a sovereign; his moneys; to which he pleaded GUILTY . Aged 23.— Confined Twelve Months . 260. MARY ANN WARD , stealing 2 1/2 lbs. weight of mutton, value 1 s .; the goods of George Jeffery ; also 1 1/2 lbs. weight of pork, value 1 s . 4 d .; the goods of George Crammick ; having been before convicted: to which she pleaded GUILTY . Confined Eight Months . Before Mr. Baron Rolfe. 261. SARAH WATERS was indicted for the wilful murder of her female infant, by the administration of laudanum.—2nd COUNT , by exposure to cold.—She was also charged, on the Coroner's inquisition, with the like murder, by exposure to cold. MESSRS. BALLANTINE and CLERK conducted the Prosecution. MARY ANN BURNS . I live at 3, Plummer's-row, Commercial-road. The prisoner lodged with me in Nov. last—on 20th Nov. I sent for Mrs. Steele, a midwife, and on Tuesday 21st, about half-past two o'clock in the morning, the prisoner was delivered of a female child, in my presence—I saw her in her own room on the following day, Wednesday, about half-past two in the afternoon—she was then up—when I came in 1 said, "My gracious, what, up and dressed! you will get your death of cold"—she said, "I know as much about my death as you do; it is no more than I have done before"—she dressed the baby, and laid it on a blanket on a chair, and I said what a beautiful, healthy looking creature it looked—I saw her go out of the house, about half-past three, with the child, wrapped up in a shawl—this was the day after her confine ment—I left the house, and did not return till about ten at night—I then saw the prisoner going from my mother's room to her own, and I said, "What, returned, and not a-bed yet!"—she said, "I have been to bed, but I have been annoyed by a policeman"—I said, "A policeman! what brought a policeman to my house? " —she said, "On suspicion of my doing away with my baby"—I asked where the baby was—she said she had left it at the nurse's that nursed her other—I afterwards asked her again where it was, and she told me, "At 4, Dock—head, with Mrs. Bell, before you come to the Post-office"—I afterwards, at the Coroner's inquest, saw a night-gown and cap—I can identify them as the same that were put on the child the night it was born—these are them ( produced ). Cross-examined by MR. CLARKSON . Q. Was not the expression she used that she had been annoyed by a policeman who had been inquiring of her, on suspicion of her doing something to her baby? A. Yes, or making away with it—I am sure-chat was her expression—I cannot read—I do not know whether it was "doing something to the baby, "I do not think it was—I do not think I have said it was—I do not know whether I have or not—I did say that I would tear her to pieces. ELIZABETH SARAH BROWNING . I am the wife of John Browning, of 3, Plummer's-row, whore the prisoner lived. On Wednesday, 22nd Nov., about half-past three o'clock a.m. the afternoon, I saw h-r going out with a bundle under her shawl—I had not then seen her baby—I knew she had been confined—I saw her again about seven in the evening, sitting by the fire—she went into Mrs. O'Lrary's room, and I heard the old lady say that her daughter had left a good fire, and to go in and go to bed, for she must feel very ill—she asked her what she had done with her baby, whether she had put it to wet-nurse or dry-nurse—she said she had put it to dry-nurse—I went out, and spoke to a policeman, and afterwards went to the station and fetched a police-sergeant—I returned with him, and he and my husband went upstairs—I do not exactly recollect the time, it might have been between eight and nine in the evening—I believe the sergeant left about ten—I went to bed about half-past eleven, and passed the prisoner's door—I went into the prisoner's room, and found the prisoner's box corded, and the prisoner up and dressed—I asked her what she had done with her baby—she said she had taken it to 4, Dock—head, to Mrs. Bell—I asked what sort of person she was—she said she was an Irishwoman, and her husband English—I asked her what she was to give to the person for nursing her baby—she said 5 s . a week, and she afterwards said that her Ellen's nurse would try to get it into the Foundling Hospital for her, and, if not, she would take it to its father—she began to cry, and said she had milk, and would suckle her baby if she had but got it—I told her I would call my husband down stairs, and he should go and fetch it—I called him, and she told him to go to 4, Dock—head—before he came back, she said she did not see why me and Mrs. Burns should sit up to watch her—she wished Mrs. Burns to go to bed, for she had said she would tear her to pieces—she cried, and said she wished she had a friend—I told her I would befriend her in anything that I could—she said she wished she could get out of the house that night—she said she had gone out of the house, and walked as far as the Three Nuns, in Whitechapel; while waning for a bus , she sent a little boy with a white pinafore for a pennyworth of syrup of poppies, and two drops of laudanum; she gave part to the baby, and the other part she put into her own mouth; and she then went to Dock—head, to see if she could find Mrs. Bell, who had taken her Ellen to nurse; that she could not, and asked two or three women to take her baby, but none would take it without money—she said she then went to Hyde-park, and sat down; (she did not say how she got there); that she went to the first turning past St. George's Hospital, up a mews, and sat down, and put the baby on her lap, and got up, and walked away with the baby; that the devil tempted her, and she went back again, took the shawl off the baby, and laid it on its side down on the (dunghall, and put her handkerchief over its face, and spread its little bedgown out in hopes of some of the ostlers picking it up, and taking it to their wives—she said the child was then alive, and that it had cried a little while before—she told me some other matters about the father of the child. Cross-examined. Q. She told you that she had been married to a man who she found was married before? A. Yes—she asked me to send my husband to the place for the baby, and I said I would do so—Mrs. Burns had said she would tear her to pieces—the prisoner seemed very much fatigued and agitated—I knew nothing of her before, having only been in the house a week—she had never told me where she came from, or what she was—I went to the police, thinking they would send for the baby. CORNELIUS FOAY ( police-sergeant, H 7). On Wednesday evening, 22nd Nov., about nine o'clock, I was called to 3, Plumrner's-row, and saw the prisoner in bed—she told me she had been confined—I asked her where the child was—she said at Mrs. Bell's, 4, Dock—head, which is at Bermondsey—I went there and made inquiries, but could find no Mrs. Bell there, or in the neighbourhood—I returned next morning and told the prisoner that what she had said was not true—she then told me that she had taken the child to Dock—head, but could not find Mrs. Bell; that she went in an omnibus to Hyde Park-corner, went down the first turning past St. George's Hos pital, and laid it down on a dung—heap; that it was then alive; that she had given it some syrup of poppies and some laudanum to compose it, and she left it there and covered a handkerchief over it—it is five miles from Plum mer's-row to Hyde Park-corner—this was a cold damp night. Cross-examined. Q. Did she say she had left it there in the hope that somebody would find it? A. She did—the statement she made to me was not in answer to questions; she made it voluntarily. WILLIAM WESTON . I am a labourer, and live at Herman's-hill, West minster. On Thursday morning, 23rd Nov., a little after six o'clock, I was going along Belgrave-mews, East—I had'occasion to go to the dang heap there, and saw something white lying—I got over, and found the body of a female child lying on a heap of ashes, not covered by anything, nor concealed—it was quite dead—any one having occasion to look into the dung-hole would see it—it is an enclosed place at the back of Lord Combermere's house, bricked up ten feet high, and slanting down to about three feet and a half—the mews is a thoroughfare. WILLIAM ROPE ( policeman, H 156). I was called by Weston on Thursday morning, 23rd Nov., and in a dung-hole, at the back of Lord Combermere's mansion, I saw the child lying, and took it to the station, and afterwards to Mount-street Workhouse—I have produced the cap and gown it had on. WILLIAM BLOKAM . I am a surgeon. I saw the dead body of a female child on 24th Nov., in the dead-bouse at Mount-street Workhouse—it was pointed out to me by the porter—I saw that body afterwards identified at the Inquest—I examined it, with the view to ascertain the cause of death—I found no indication of poison in the stomach, or anything there that would occasion death—if the child had been exposed, as has been stated, for several hours during the night, I think that would have been sufficient to have caused its death, and would account for the appearances that were ex hibited on the previous examination. JAMES BUNYAN . I am porter at the Workhouse, Mount-street, Grosvenor-square. On Thursday morning, 23rd Nov., I received the body of a female infant from Roper—it was the same body that Mr. Bloxam afterwards saw. (The COURT did not think the first Count was sustained. MR. CLARKSON called attention to the second Count, which did not allege that it was the pri soner's duty to provide for the child, or that it was not of an age to provide for itself; it merely stated it to be "of tender age." MR. CLERK urged that the death was alleged to be by an act of the prisoner, and not by the omission of a duly . The COURT doubted whether a sufficient act was stated, but thought a verdict might be found on the second Count, and on the Inquisition ). GUILTY of Manslaughter on 2 nd Count, and also upon the Inquisition. . Judgment Reserved. 262. JANE PULLEN , feloniously killing and slaying Ann Pullen : she was also charged, on the Coroner's Inquisition, with the like offence. MR. HUDDLESTON conducted the Prosecution. JOSEPH LONGMAN . I live 3, Prince's-street, Fitzroy-square. I knew the deceased, Ann Pullen—she was about fourteen and a half years old—the pri soner was her mother—she occupied a second-floor back room in my house—on 24th Nov., about eleven o'clock at night, as I had just retired to rest, I heard a knocking outside my bed-room door, and a voice said, "Do get up!"—on opening the door, the prisoner entered the room with a light in her hand, and said, in a state of great agitation, "Ann is dead, what shall I do, what shall I do; do come up"—I immediately put on my things, and fol lowed her to her room—I there saw the child lying on her back upon the floor dead—I saw a rope lying on the bed—it was a French bedstead—the prisoner said, "What is to be done? I know not what to do; something must be done!"—I said, "We had better send for a doctor"—she said, "What is the use of sending for a doctor, as she is dead; it is only a needless expense," or words to that effect—I felt that her pulse had ceased, and she was quite cold—the prisoner then said, "I left her early in the morn ing, with directions to mend a pair of stays and a pair of stockings, which she had neglected to do; I then went out to my work, and on returning, at half-past eleven in the forenoon, I found nothing had been done, and on asking the reason why it had not been done, the girl said she had sat down, and gone to sleep; I said I am determined you shall not sit down and sleep, for you shall stand and do your work, for I will tie you to the bedpost, and you shall have nothing but dry bread to eat until it is done"—she then said, "I took a rope, and put it round and round her neck, and then round the head-post of the bed, and made it fast to the foot-post;" and she said, "I put a chair near her, with her work on the chair, and went out to my work, lock ing the door and putting the key under the mat; on returning at night, about half-past ten, I found her in a stooping position, dead"—I then said, "This is a very serious case, and there must be an inquest held; the death must be registered, and, as there was no witness to the death, a doctor's cer tificate will be required"—I forgot to state that she said, "I tied the rope to the foot-post slack, but not so slack as she might get her chin through"—she said she did that in order to keep her from sitting down to so to sleep. Cross-examined by MR. SNOW . Q. Do you know at what time the pri soner came in that night? A. I do not—she said about half-past ten—a young woman, an acquaintance of hers, out of place, had been living in the same room with her about three weeks—I did not then know that that young woman was in the habit of going' out for a night or two at a time, I have since understood so—I thought it my duty to make this matter known, and called in Mr. Derbyshire—the prisoner described the matter to him, as she had done to me, and I gave information to the Coroner's beadle—she re peatedly said, in the course of her intemew with me, "What to do I know not, something must be done"—I alterwards asked her if she was satisfied with what I had done?—she said, "Quite satisfied; I knew not what to do, and I knew you would do what was right; I have done it, and I must abide the consequences"—the child's arms were lyitug down by her side—I have had no opportunity of observing the prisoner's conduct toward the child—she is a strictly honest and industrious woman—she had lived in my house above six years—I noticed one instance of this girl's conduct more than twelve months since—she secreted herself in the water-closet—I wanted to go in—she would not open the door or answer—I was at last obliged to get a chisel and mallet, and forcibly open it, and she was inside all the time; and that, connected with what 1 had heard about her, made me conclude she was a perverse and stubborn girl. CAROLINE ALLKNSON . I lodged with the prisoner at 3, Prince's-street—I was there on Thursday morning, 23rd Nov.—I did not return that night, and was not there on the Friday—I beard the prisoner tell the child on the Thursday that she should have nothing to eat until she had done her work—I saw the prisoner on the Saturday night—she then told me the child was dead, and said if I had gone home it might not have happened—I was in the habit of returning at night—I have staid out on one or two occasions—she told me she had tied the child to the bedpost by the neck, for not doing her work. Cross-examined. Q. Did you tell the prisoner that you were not going to return that night? A. No—she behaved very kindly towards the child while I was with her—the child was rather perverse at times—I do not know whether she had any food on the Thursday morning—the prisoner was very industrious—she generally went out at six o'clock in the morning, and sometimes did not return till eleven at night—she sometimes returned in the middle of the day—when I returned I used to find the room-door locked, and the key either left down stairs or put-under the mat—the prisoner told me she had put the key under the mat on this night. JOHN DERBYSHIRE . I am a member of the College of Surgeons. I was called in on Friday night to see the child—I found a deep discoloured inden tation, extending across the middle of the neck right round from one side to the other—a rope tied tight round the neck, or with the pressure upon it before death, would have caused such a mark—I attribute the death to suffo cation by strangulation with the rope—if the rope had been tied round her neck and fastened to a bed-post, and she had sunk from exhaustion and so been strangled, that would have produced the marks I found. Cross-examined. Q. Could you tell from the appearance of the body how long she had been dead? A. No; for I did not examine it for three days after—I found very little food in the stomach—I could not tell what it was—it was digested food, like gruel—there were no marks of violence upon the body—the indentation on the neck was deeper on the right side than on the front—I do not think it could have been produced after death—Betts' Medical Jurisprudence is a work of great authority on the subjects on which it treats—the appearances of persons suffocated are very various—the arteries and vessels of the brain are generally congested, and the brain itself presents a number of small red spots when cut into, apparently resembling extrava sation—I examined the brain; it was not so highly congested as I should have expected from my reading—my experience is not so great as to enable me to make frequent comparisons—it is not usual to find so large an amount of congestion in the brain of a person not dying from suffocation—the lungs of a person dying from suffocation are generally full of blood and dark-coloured fluid, and the body of the lungs filled with air from rupture of the air-cells—I examined the heart; the right ventricle and right auricle were full of fluid and dark-coloured blood—if a rope is placed round the neck of a person not very tightly, it is likely to produce a tendency to apoplexy—drowsiness is one symptom of apoplexy—it is difficult to say how long a girl of this age could remain in an upright position without exhaustion—it would depend very much on her previous habits—some are soon exhausted—I should say a girl of a hardy constitution might continue five or six hours without sinking. MR. HUDDLESTON . Q. Can you say whether what you found in the stomach was gruel or digested food? A. I cannot, but it had every appear ance of digested food—I cannot say when it was taken—the body presented all the symptoms of a person who had died of suffocation; every organ was healthy except the brain and lungs—the prisoner made a statement in my presence as to what she did with the child—it exactly corresponds with what Mr. Longman has stated. FRANCIS FRYER ( policeman. ) I measured the height from the girl's heel to the mark in the neck; it was 3ft. 10in.—the bed-post was 4ft. high—the height of the knob of the post was 3 ft. 10 1/2 in.—I produce the rope. GUILTY . Aged 41.— Strongly recommended to mercy by the Jury.— Confined One Year . 263. JOHN DUNN , stealing 2 coats, and other articles; the goods of, Richard Ford , in a vessel in a port, &c. THOMAS FORD . On 1st Dec. the coats and other articles were shipped on board a vessel in St. Katharine's Docks for Richard Ford—on 4th Dec. I went on board, and found the boxes all broken open and the property gone—two scarfs have been found. EMILY FORD . I know the property that was put on board in the boxes—these scarfs were part of it. WILLIAM MILES . I went to St. Katharine's Docks on 3rd Dec, and saw the boxes broken open, and the things scattered about. THOMAS JAMES SHUTE . The property was brought to me on 2nd Dec. by the prisoner for sale. Prisoner's Defence. I bought it of a man in the street. GUILTY . Aged 17.— Confined Nine Months . 264. ALEXANDER HOLLINGSHEAD , stealing 1 pair of boots, value 4 s . 6 d .; the goods of William Farrant , having been before convicted. WILLIAM FARRANT . I am a boot and shoemaker, at Kensington. These are my boots—I missed them when they were brought to me. JAMES GODDARD ( policeman, T 80). I took the prisoner on 1st Dec. with these boots under his jacket, about 300 yards from Mr. Farrant's. Prisoner's Defence. A man gave them to me. THOMAS EASTLAND ( police-sergeant. T 17). I produce a certificate of the prisoner's conviction—( read, Convicted Nov. , 1846, having been before convicted, confined three months )—he is the person. GUILTY . Aged 17.— Confined One Year . 265. NATHANIEL CLARK and BENJAMIN RACKHAM , stealing 8 bars of iron, value 40 s .; the goods of John Daniel and another, the masters of Clark. MR. METCALFE conducted the Prosecution. ROBERT HOWES . I am in the employ of Daniels and Payne, of 29, Upper Thames-street, iron-merchants—Clark was in their employ—he was to deliver iron according to the papers or orders that came in—before he delivered it he had to enter it. On 6th Dec. an order was brought from Perry and Sons by Rackham—I did not see it delivered—I was in the shop-when he came—I saw Clark have the order—in five or ten minutes afterwards Clark sent me to fetch such iron as was wanted for Messrs. Perry's order—I brought various sizes, and put them in the scale—Clark helped me—the iron was put in the cart—I cannot say what it weighed—it should have been entered on the board—I cannot say whether Clark entered it—Clark then sent me for eight bars of mitre-iron—it was brought, put in the scale, and then in the cart—Rackham was then standing against the scale—I saw the cart driven out of the place by the carman—Rackham did not go with it; he went in after his bill—I cannot say what became of him then—after the eight bars were put in the cart I went down to fetch up other iron that was on the orders—I went the next day to the Vine-yard, Bishopsgate-street, and found eight bars of mitre-iron—I could not say whether they were those I had put in the cart—they were the same size, and had the mitre mark on them. Cross-examined by MR. PRENDERGAST . Q. What is mitre-iron? A. It is marked W. O., with a Bishop's cap—it is the mark that the greater part of that iron bears—I can read a little; I can make out my master's name over the door. Cross-examined by MR. COOPER . Q. Your master has a great deal of business? A. Yes—carriers come sometimes for orders—I cannot tell how many came that day, or how much mitre-iron was sent out. JOHN FAIRLIG MORRIS . I am clerk to Daniel and Payne. On 6th Dec. I saw this order on the file when it was executed—it was the duty of the man who weighed the iron to put the order on the file, and chalk it on the board—Clark chalked this order on the board—the order is in the writing that I have always understood to be Perry and Sons—I saw a cart which came from Perry's with iron on it, driven by the carman they had hired—I did not see Rackham when the cart was driven away—I saw him while it was there standing by the scale, and some iron was being shifted from the scale to the cart—I did not look at it—the iron chalked on the board corresponds with the iron in the order, with the exception of one size—7-8ths was sent for 7-16ths—there was no entry on the board of eight bars of mitre iron, either on that day or the next, as being sent to Perry and Son—it was the person's duty who brought the order and took away the iron to sign a receipt for it—this book is signed by Rackham. Cross-examined by MR. COOPER . Q. How do you know it is his signa ture? A. I have seen him sign repeatedly—I have seen him come from Perry and Son as their servant—Clark has never mentioned to me the de livery of eight bars of mitre iron—this entry, receipted by Rackham, corres ponds with this order—frequently a size we do not keep is ordered, and we substitute others. Cross-examined by MR. PRENDHRGAST . Q. You cannot tell us who brought this order? A. No—I have no one here who saw it brought—I took it from the file—the whole of the ten bars were mitre iron—the name of our firm is Daniel and Payne—Mr. Payne is not alive—there are two Mr. Daniels—these ticks in red ink on the order are my writing—I did not see it weighed—I ticked it off as all being right from the board—I cannot say that it was right—it was intrusted to the man who weighed it. HENRY HOOLF . I am a clerk in the employ of Daniel and Payne—the parties now are John Daniel and Thomas Daniel—Mr. Payne has been dead sixteen years—it is customary to bring orders into the counting-house, but they are often taken to the scale porter—in this instance it was taken to Clark—I was not there—the person who brought the order might take it to the counting-house, but this, not being brought there, must have been taken to the scale-porter—the person who delivers the goods, makes an entry in chalk on the board, which is brought into the counting-house, and given to the de liverv-clerk to make the entrv in his book—the order is filed by the scale-porter—Howes was attending at the scale—this invoice is the writing of a clerk named Whitley, and is given to the porter who takes the iron away. EDWARD PERRY . I am an ironmonger, of Bishopsgate-street—Rackham is my servant. On 6th Dec. I sent him with this order to Daniel and Payne—it is my writing—he had no authority to get any more iron than is men tioned in it—I have no connection with the Vine-yard—if he delivered any goods there, it would not be for me—I remember his coming back—the goods were not brought to my house, they were to be taken elsewhere—the invoice corresponds with the order—here is no entry of eight bars of mitre iron—ten bars of mitre iron were ordered for me—the cart did not belong to me. Cross-examined by MR. COOPER . Q. How long has Rackham lived with you? A. Five years—he bore an unexceptionable character—I have trusted him, and found him worthy of it. WILLIAM GATONBY . I am the carman—I went with Rackham to Daniel and Payne's on 6th Dec.—the iron was delivered at Daniel and Payne's—I do not know the quantity—I drove the cart to the Vine-yard, Bishopsgate-street, and went to breakfast—it belonged to Mr. Joiner there—I came back, and went to Limehouse with the iron according, to Rackham's direction—when I came back to the Vine-yard the bag was emptied, and some of the bars had been moved from the cart—they are always tied in a bag at one end, to keep them from slipping—I cannot say whether they had been put on the cart again before I started—there was iron lying about the yard—I cannot say whether it was any of the iron that had been on the cart—I do not know how many bars I received at the yard—I delivered ten bars and five bundles at Limehouse—there were no more left in the cart. Cross-examincd by MR. PRENDERGAST . Q. Why did you go to the Vine-Yard? A. To get my breakfast, and because Rackham said I could draw up there. Cross-examined by MR. COOPER . Q. I suppose you have done so on other occasions? A. Yes—I went to my home to breakfast, which is two or three minutes' walk from there—there were not a great many other carrier's carts there that day—it was a leisure day. THOMAS BARNES ( City Policeman , 448). I took the prisoner—I told Rackhnni he was charged—)w said heknew nothing about the eight bars of iron being put in the cart wrong that he left the cart at the corner of Cornhill, and expected the man would deliver the iron according to order—I went to the Vine-yard, and found only eight bars of this sized lying there—the book-keeper said it belonged to Mr. Joiner—I saw Mr. Joiner in the yard—he said he knew nothing about it. HENRY HOOLE re-examined. This iron corresponds with what my masters had. Cross-examined by MR. COOPER . Q. How much do you sell of it in a month. A. Perhaps fifty tons—there is a great deal of our mitre iron about London. NOT GUILTY . 266. JOSEPH RICHARDSON and JOHN BROWN , stealing 288 lbs. weight of iron, value 20 s .; the goods of Edmond Sexten Perry Calvert , and others. MESSRS. CLARKSON and PARNELL conducted the Prosecution. CHARLES THOMAS GAYLER ( policeman, C 348). On 1st Dec I was going up St. Andrew's-hil, about ten o'clock in the day, and saw the prisoners coining out of a marine store-shop—they shunned me—I went to Mr. Hale's, a marine store-dealers—he produced these two iron caps—I made inquiries, and next morning went to the Fleet-street station, and saw two more iron caps, corresponding with those I found at Mr. Hale's—I took Richardson on the Saturday, on one of the barges. THOMAS HALE . I deal in marine-stores. On 1st Dec. three persons came to my shop, about ten o'clock in the morning, and asked if I bought old iron—I said, "Yes"—they produced these two iron caps—I bought them of the other man, who gave his name, "William Rogers," for 1 s . 11 d .—I know Richardson—he was one of them—I cannot be positive of Brown—Gayler came and asked what I had bought—I told him, and produced it. JOHN GALVIN . I am in the employ of Messrs. Graham, of Upper Thames-street. I was on the wharf about ten o'clock on 2nd Dec, and saw the prisoners over the way, walking along the shore—Richardson had a bag with him, and two pieces of iron in it, which stuck out—I called the foreman—he sent me for the policeman—as soon as the policeman came one of them bolted round the barges, and the other up the sewer, and the policeman went after him—I had seen them the day before. THOMAS BENHAM . I am in the employ of Edmond Sexten Perry Calvert and others. There is more than one partner—they missed four iron pillar-caps, which had been used, and were kept in a shed on the wharf—I saw the marks where they had stood on the morning of 2nd Dec.—I found footmarks there—these caps precisely correspond with others that are there—I looked outside the wharf, and saw an indenture where some had fallen in the mud. RICHARDSON — GUILTY . Aged 20 BROWN — GUILTY . Aged 19. Confined Nine Months . 267. HANNAH CARTER , stealing 2 handkerchiefs, 1 cap, and other articles, value 3 l .; the goods of Thomas Wilkinson . MR. ROBINSON conducted the Prosecution. CATHERINE MARY WILKINSON . My husband's name is Thomas. It is about two years since I heard of him—the prisoner was in my service—these things are mine—I never gave her authority to take them—I gave her a piece of carpet and a cap-ribbon. Cross-examined by MR. CLARKSON . Q. Was it arranged that you should hold such property as "belonged to you? A. No—a deed of separation was drawn up— I have not got it here—I am not in the habit of giving my servants expensive things now and then, such as silk dresses—I have done such a thing, but not to my present servant—I have given my lady's-maid dresses suitable to her, anything that I have worn—I have not forgotten it afterwards—when my servants have done a hard day's work I have given them a glass of mixed liquor—I have not been in the habit of drinking with them—I never saw one of them tipsy—I have not been so myself—I have not given this lace cap to any of my servants, and forgotten it—I have never said so. CATHARINE WAGLAND ( examined by MR. CLARKSON .) I have lived with Mrs. Wilkinson five months—I never saw her bring wine or spirits into the kitchen—I have seen her have a glass of wine in the kitchen—I cannot say how often—I will not swear that 1 have not seen her twenty times—she has not been in the habit of giving away her clothes when she has taken a little wine—I believe she has given me four dresses she has left off—I do not know what sort they were—I will iiot swear it was not more—she has not given me a dozen—she has given me three or four caps, and she may have given me half a dozen collars: I think not more—that has not happened after she had taken wine in the kitchen—she has not been in the habit of drinking more than other ladies, that I have seen—she has taken spirits in a morning occasionally, when she has not been very well—I do not remember to have given her raw spirits in a morning, in bed—I have taken spirits arid water in her bedroom, I cannot say how often—she has not given me caps and collars when I have done so—she gave me things when I had been with her about a month—I lived at Mitcham before that—I have never seen her tipsy. EDWARD VINHER ( policeman, B 85). On 4th Dec., at a quarter before one o'clock in the day, I saw the prisoner coming from Eaton-place with a bundle—I asked what she had in it—she said a little piece of carpet that her mistress had given her—I said, "Have you anything else?"—she said, "No"—I said she must go to the station—the bundle contained these articles—I saw nothing but the carpet outside—the inspector asked whose they were—she said they were hers, and her mistress had given them to her—I went to the house, and found her box locked—I found the key in her drawer, and found in her box this towel and handkerchief. NOT GUILTY . 268. WILLIAM THOMPSON , stealing 1 hat, value 6 s . 6 d .; the goods of Thomas Pratt ; to which he pleaded GUILTY . Aged 19 .— Confined Six Months . 269. JOHN READ and CHARLES SMITH , stealing 1 hat, value 6 s . 6 d .; the gods of of Thomas Pratt ; to which READ pleaded GUILTY . Aged 20. SMITH pleaded GUILTY . Aged 17. Confined Six Months . 270. JAMES COWLEY , stealing 18lbs. weight of ham, value 18 s .; the goods of George Osborne ; to which he pleaded GUILTY . Aged 28.— Confined Three Months . 271. WILLIAM WALKER , stealing 30lbs. weight of lead pipe, value 4 s .; the goods of William Brooke , and fixed to a building; having been before convicted: 2nd COUNT , of the Westminster Improvement Committee . MR. METCALFE conducted the Prosecution. JAMES BUCHANNAN ( policeman, A 280). On the night of 11th Nov. I saw the prisoner in the yard of 5, Paradise-row, Palmer's-village, on his hands and knees, crawling away from the water-butt—I went and asked him what he was doing there—he said, "Nothing"—I took him into custody—he went one step outside, into the lane, with me—I called two other officers, and he turned and struck at me—they came up, and he struck at them—we took him to the station—I went back to the yard, and found the pipe of the water-butt severed in two; one piece was hanging from the wall, and a piece was missing, which one of the sergeants brought to the station—I had been in the yard an hour before, and it was safe. Cross-examined by MR. PARNELL . Q. What was this lead hanging by? A. One part was leaning over the butt, and the other was hanging from the wall down on the ground—the yard was attached to the house—it is only a little cottage—you get into this yard by a door in the side of the wall—there are eight or nine cottages—it is a common water-butt—the persons in these cottages can get at it only by getting over the wall—the wall-door was not open that night—there was no one living in the cottage—the others were not empty then—the prisoner did not seem to be half asleep; he was very active—it was a clear moonlight night. GEORGE CARTER ( police-sergeant, B 17). I and Baker went to Buchanan's assistance, and found the prisoner struggling with him—I went to 5, Paradise-row, and saw this piece of pipe on the ground, it had been severed from the rest—it matched with the other. Cross-examined. Q. This is an open yard? A. It is enclosed—the butt is common for the persons in that one house—there are butts in some of the other yards—I do not know whether there are in all—a man named Pitts, an acquaintance of the prisoner, lived there—the prisoner was very violent—I had several kicks from him, and some of them got bites as well—I used this piece of pipe to him. WILLIAM BROOKE . I am a hardwareman. I believe the house, 5, Para dise-row, is not mine; it has been sold some time—there have been no deeds signed—I do not know the man's name who was in possession in the begin ning of Nov.—I had the keys—I went there with the policeman. Cross-examined. Q. You sold it some time ago to the Improvement Commissioners? A. Yes; I think it was in Sept.—I was waiting to be paid—I did not execute my conveyance—I have not been paid the money. WILLIAM BUTLER ( police-sergeant, B 3). I produce a certificate of the prisoner's conviction—( read—Convicted April , 1840, and transported for seven years )—he is the man. GUILTY . Aged 30.— Transported for Seven Years . 272. THOMAS TOMS and HENRY TOMS , stealing 2 tarpaulins, value 4 l .; the goods of George Landgridge Williams . GEORGE LANGRIDGE WILLIAMS . I am a builder, of Bayswater. On 12th Oct., the prisoners were my servants, and occupied a cottage in the field—they said, that on the night of the robbery, the stable-door had been broken open, and three tarpaulins stolen—I missed two—they are here, and are mine—I owe Thomas about 1 l . 7 s . 4 d . ROBERT LOWDEN . I am a carrier. I bought a tarpaulin of Thomas for Ms.—he said 1 had better not take it away till he had seen the Magistrate; to know whether he was right in selling it for money his master owed him—I went to him three days afterwards; he was at breakfast; he said he was going to the Magistrate—I called on him afterwards; he said he had seen the Magistrate, and he had got orders. JAMES MILLER . I bought one of these tarpaulins of Thomas Toms for 20 s .—I heard he had it to sell, and went to his house—his son Henry brought it to me. Thomas Toms . These cloths were left in my possession for money he owed me; I went to town several times; I could not find Mr. "Williams; I saw his son, and he authorised me to sell them. GEORGE WILLIAMS . I am the prosecutor's son—I did not authorise him to sell them. Thomas Toms. Q. Did I not ask you if you were going to pay me, and did you not say you would pay no more, for your father had got you into a great deal of trouble. A. No. Thomas Toms's Defence. I, my three sons, and my daughter, have worked for him during the summer; the first week he brought my money short 25 s ., and he said, "You had better draw so much a-week, and have the remainder at the end;" I did so, and when it was done, there was 7 l . 1 s . 2 d . due to me, but I could not get a halfpenny of him; he said, "I think it will do you a great deal of good in the winter-time." NOT GUILTY . 273. THOMAS MILLER and HUMPHREY JONES , stealing, in the dwelling-house of Robert Hills , I coat, and other articles, value 5 l ., his goods: 1 pair of boots, 5 s .; the goods of Ann Parrott : and 1 handkerchief, 2 s .; the goods of Joseph Watkinson : and afterwards burglariously breaking out of the same dwelling-house: Miller having been before convicted. ROBERT HILLS . I live at 1, City-terrace, City-road; it is in the parish of St. Luke. I had a coat, a seal, a pepper-castor, and other things safe on 4th Dec., about four o'clock in the afternoon—about ten next morning they were gone, and the house-door was found open—this seal is mine—Miller had been in my service. JOSEPH WATKINSON . On the morning of 5th Dec. I went to a safe in Mr. Hill's back yard, and found the door and the passage-door open, and the coats, seal, and other things gone—I missed this handkerchief—it is mine. JOHN SAVAGE . I am a pawnbroker. I produce this gold seal—Miller came to ask me if it was gold—he said he picked it up opposite the Bluecoat Boy public-hoase—I have a pair of boots, and also a handkerchief, which was pawned by Jones on 5th Dec. Jones. Q. Did I give you my right name. A. Yes. ANN PARROTT . These boots are mine. Jones's Defence. Miller asked me that morning if I wanted to buy a hand kerchief; I said, "No;" I pawned it for him. ROBERT HILLS . I produce a certificate of Miller's conviction—( read—Convicted Jan. , 1848, and confined six months )—he is the person. MILLER — GUILTY . Aged 17.— Transported for Seven Years . JONES — GUILTY .—Aged 17.— Recommended to mercy by the Jury.— Confined One Month . 274. WILLIAM EDMONDS , stealing two baskets, value 3 s .; the goods of Lucy Phillips : having been before convicted. LUCY PHILLIPS . On 14th Dec. I had two baskets hanging on the post inside the shop-door—I missed them—these are them. WILLIAM SMLE ( policeman, E 110). I took these baskets off the pri soner's arm, twenty or thirty yards from the shop, on the opposite side. Prisoner's Defence. I picked them up. WILLIAM HOLMES ( policeman, S 54). I produce a certificate of the pri soner's conviction—( read—Convicted Dec. , 1846, and confined six months )—he is the person. GUILTY .— Transported for Seven Years . 275. JOHN FINNERTY , stealing 1 tumbler, value 10 d .; the goods of Joseph Presbury ; having been before convicted. JOSEPH PRESBURY . I live at 30, Caledonian-street, Islington. On 7th Dec. the prisoner came into my milk-shop, between six and seven o'clock in the evening—he came round the counter without his shoes, and went to the window, and took a tumbler from it—I was hiding behind the counter, he did not see me—I rushed out—he dropped it, and struck me two or three times, and called out "Brawney." Prisoner's Defence. I never touched it; he seized me, and it fell down. EDWARD NYE ( policeman, N 336). I produce a certificate of the pri soner's conviction—( read—Convicted Feb. , 1848; and confined three months )—he is the person. GUILTY . Aged 17.— Confined One Year . 276. WILLIAM WEST , stealing 1 pair of boots, and other articles, value 20 s .; the goods of George Wilson , in a barge, on the Regent's Canal ; having been before convicted. GEORGE WILSON . I am mate of a barge lying in the Regent's Canal. I had these articles ( produced ) safe in the forecastle on Friday night, 24th Nov.—I missed them next morning—I was in bed. JOHN POOLEY ( policeman, S 286). On the morning of 29th Nov. I found this Guernsey-frock on the prisoner, and the cap in a bundle which be owned, and had left on board the barge. Prisoner's Defence. I bought the articles. CHARLES JEAKS . I produce a certificate of the prisoner's conviction—( read—Convicted Jan. , 1848; and confined three month )—he is the person. GUILTY . Aged 28.— Transported for Seven Years . 277. JAMES WOOTON , stealing 3 handkerchiefs, and other goods, value 1 l . 17 s .; the goods of John Sloane Carter: 6 collars, and other goods, value 16 s .; the goods of Richard Carter , the younger: and 1 shirt and 1 handker chief, 3 s . 6 d .; the goods of Richard Carter : also , 1 hat, and 1 box, 3 s . 3 d .; the goods of John Linnington , from the person of Francis Charles Winsdale : also , 156 printed books, and other goods, 6 l .; the goods of George Harttree : to all which he pleaded GUILTY .— Transported for Seven Years . 278. JAMES FOX , stealing 23 feet of lead pipe, value 2 s .; the goods of John Aylett : having been before convicted. JOHN AYLETT . I and another are owners of a cottage in King's-road, Camden-town. I missed three feet of lead pipe from there on 30th Nov.—this is it. GEORGE BAKER . I was with my brother, near Mr. Aylett's cottage, that day—the prisoner said to us, "What do you two blokes do here?"—we made no answer—he said, "Wait a bit, I am going to get my stick that I chucked in the ditch"—he got over, and we saw him cut the pipe off. WILLIAM BAKER . I was with my brother, and saw the prisoner get over, and get the lead—the policeman came up, and shined the bull's-eye in his face, and I saw the pipe in his bosom. WILLIAM IIERRINCTON ( policeman, S 149). I took the prisoner—I have not found any lead—I stopped him first, and let him go again. Prisoner. I was in bed at the time. JEREMIAH LOCKEKEY ( policeman, S 130). I produce a certificate of the pri soner's conviction—( read—Convicted, June , 1848; and confined four months )—he is the person. GUILTY . Aged 18.— Transported for Seven Years . 279. JOHN BARKER , stealing 3 spoons, value 10 s .; the goods of Henry George Smith , his master.—2nd COUNT , the goods of John Smith and another, his masters. HENRY GEORGE SMITH . I live in Warren-street, Fitzroy-square. The prisoner was my servant—I lost these three silver spoons on 17th Aug. Cross-examined by MR. O'BRIEN . Q. How old are you? A. Seventeen—the spoons did not go all at once—they are from different sets—my father has been dead about two years—I was carrying on the business for the executors—it is a leather-cutting business—the prisoner left my service about two months ago—he was not conducting my father's business; he was jour neyman—the executors were the masters; they lived there, and had the care of the place: John Smith is one, my aunt is another—here is a fac-simile of each of the spoons. THOMAS ROBINSON . I am a pawnbroker, of Mortimer-street. I have a silver spoon, pawned on 29th March, I do not know by whom, in the name of John Barker. THOMAS ALEXANDER BASTABLE . I am a pawnbroker. I have a spoon, pawned on 17th Aug., I do not know by whom. MICAIAH READ ( policeman ). I went to the prisoner's room, found him there, and these two duplicates, which correspond with those the pawnbrokers have. GUILTY . Aged 33.— Confined Four Months . (There was another indictment against the prisoner.) 280. ALFRED PERRY , stealing 2 pairs of trowsers, value 3 s .; the goods of Thomas Jefferys ; having been before convicted. ALFRED JEFFERYS . I live with my father, Thomas Jefferys. On Tuesday, 5th Dec., his trowsers were safe in his bed-room at eight o'clock—I missed them about one—these are them. GEORGE TAYLOR . At twenty minutes before one o'clock, that day, I saw the prisoner go into Mr. Jefferys's, and come out with a bundle on his arm—I told the policeman. THOMAS STILL ( policeman, G 247). I went after the prisoner—I saw him drop these trousers—I found on him the handkerchief that had been about them. JOHN SULLIVAN I produce a certificate of the prisoner's conviction—( read—Convieted June , 1847; confined six months )—he is the man. GUILTY . Aged 20.— Transported for Seven Years . 281. THOMAS THOMPSON , for feloniously breaking open a certain office, and stealing 4 l . in money; the moneys of the Trustees of the Lea River Navigation Company ; to which he pleaded GUILTY . Aged 15.— Confined Six Months . 282. MARY WALKER . stealing 4 pillows, and other articles, value 15 s .; the goods of Mary Chantry , her mistress; having been before convicted; to which she pleaded GUILTY . Aged 18.— Confined Nine Months . 283. MICHAEL SULLIVAN , stealing 3 brushes, value 1 s . 6 d .; the goods of Mary Ann Russell ; having been before convicted. RICHARD PRITCHETT ( policeman, A 270). On the afternoon of 14th Dec., I was coming through Vincent-square, Westminster, and saw the prisoner—I saw he had something concealed under his coat, and ran up to him—he imme diately ran away, and dropped these three brushes ( produced )—I went after him, and took him. SARAH ANN RUSSELL . I am a widow, and keep a shop in Charlwood-street, Vauxhall-bridge-road. These three brushes are mine—they were just inside my shop—I missed them before the policeman brought them—I had seen them safe ten minutes before. Prisoners Defence. They were given to me. GEORGE BATES ( policeman, A 258). I produce a certificate—( read—Convicted Nov. , 1847, and confined two months )—I was present—the prisoner is the person. GUILTY . * Aged 18.— Confined Twelve Months . 284. SARAH PRICE , stealing 6 yards of lace, 1 yard of dimity, and 1 towel, value 6 s .; the goods of James Osborn , her master. THOMASINE ELLEN OSBORN . I am the wife of James Osborn. The prisoner was in our service—I had some lace, which my sister had purchased for me, in a work-table in the dining-room—I missed it on Thursday the 7th Dec.—I had seen it safe on the 5th—I called the prisoner, and desired to examine her boxes—she rather objected at first, but did not stand out—she gave me up her keys, and stood by while I examined them—I found a small quantity of coffee and tea, and different small articles, and in another box I found the missing lace—she acknowledged she had taken it, and said she was sorry for it—I also found this piece of dimity and a towel ( produced )—they are my husband's property. ELLEN M'CARTHY . I reside with my sister, the last witness. I was pre sent when the prisoner's boxes were searched, and saw the lace found—the prisoner acknowledged she had taken it, and asked for forgiveness—she produced the keys herself—this lace is six yards, cut off a piece of fifteen. JAMES SURREY ( policeman, N 249). The prisoner was given into my custody—she said she was sorry for what she had done; she wished she had not taken it. Prisoner's Defence. I must have taken the lace in mistake, and put it there; I did not know it was there. GUILTY .— Recommended to mercy.— Confined One Month . Before Mr. Baron Rolfe 285. THOMAS POWELL , JAMES LEWIS , and GUILDFORD HYDE WATTS , were indicted for stealing, on the high seas, 1760 ounces of gold-dust, value 7000 l ., 2 chronometers, 4 cutlasses, 1 boat, and other articles, value 102 l . 4 s .; the goods of George Vickerman . MESSRS. BALLAXTINE and CLERK conducted the Prosecution. MR. SAMUEL ROBERT GOODMAN . I produce a box, which I received at the Mansion-house from Evans?, the superintendent of the Thames-police—I do not know what it contains. GEORGE VICKERMAN . I am master of the brig Lemuel , and was so in July and August last. In July I was on the high seas, off the Gold Coast of Africa—from "26th July to 8th August, I received nine boxes of gold-dust, to bring to England as freight—one of them was from Mr. Andrew Swanzi—during the month of August, and during the time I received those boxes I was confined to my room at Elmina, through sickness—I placed the boxes in the corner of my room, where I was confined to my bed, and afterwards gave them to the second mate, Price—I gave him eight boxes on the 9th, and one on 10th Aug.—I gave him directions to take them en board, with the keys of my state-room , and to unlock the larboard lockers in the cabin, and put them in there—I had the key of the state-room with me, and the keys of the cabin-lockers were in the state-room—Price brought back the key I had given him—according to the bills of lading there were 1, 755 ounces of gold-dust, to the value of about 7000 l .—on 11th Aug., about half-past nine o'clock a.m. the morning, I received a note from Price—the ship was then in Elmina Roadstead—I went to the Governor of Elmina Castle, and afterwards went on board the ship—the larboard lockers were then broken open, and the whole nine boxes abstracted—I missed a box containing two gold watches from the same locker; two chronometers, worth about 103 guineas, from the library; the cabin dial, north about 3 l .; and four cutlasses—two guns were taken out of the cabin, and were found on the upper deck—two boxes of cigars, belonging to me were gone, and my boat also, which was worth thirty-two guineas, and was the only serviceable one belonging to the brig—I had not seen any of the prisoners at Cormantine—Powell was first mate officer of the Lemuel ; the other two were seamen—the next day I went to Cape Coast Castle, and saw the prisoners in custody, and found the two chronometers, the gold-dust, and the cigars there. Cross-examined by MR. CLARKSON .; Q.; How long has Powell been with. You? A. He sailed with me from Bristol on 27th Dec., 1847—I believe he has been giving himself up to drinking—I was not satisfied with him as a mate before this happened. Cross-examined by MR. PARRY . Q.; Is Cormantine a town on the coast? A. A small African village—I was about twenty-two miles from there—at this time I had been not quite a fortnight anchored at Elmina—I anchored there on 28th July—I had received a bill of lading for a box of gold-dust before that, but did not receive it till I got to Elmina—my vessel had been trading on the Gold Coast four or four months—she is a trading ship—we were off the Gold Coast, looking for cargo—we purchase our own cargo—we sailed from England on 28th Dec, 1847, and were on the coast from February—I left the ship on 28th July, and was confined to my bed at Elmina till 6th Aug., and was away from the ship that time—the first mate is the next officer to me, and has sole charge of the ship when I am out of it, and tvery thing in it—Powell had only been chief mate that one voyage—I did not know him before—Price, the second mate, came to me because it was Powell's duty to stay on board during my absence—Powell had the same command that I had when I was on board—if any of the sailors had disobeyed him, they would have been guilty. of mutiny—I did not know Lewis before—I belive he is a very old sailor—by my articles he is between forty and fifty years old—I am twenty-six—I do not know how long Lewis has been at sea—he and Watts were sailors at the ordinary wages—I had only one boat on board, she was all to piees—the only serviceable one they took away—that is what we call the gig —it is rather a stylish boat—the other had the bottom out—I had not given any orders to have it put in—my gig was the only boat we could put on water—we laid on the open sea, about a mile from the shore—we had eleven Europeans, and eleven Africans on board—I had been once to Cor mantine, while on the coast, to take in Palm-oil—that was part of my cargo—we could jiet no water there, nothing but Palm-oil—I believe we were there two days—Powell was with me then—I left there on the evening of the 27th, and arrived at Elmina on the 28th—I was well then, and left the ship that evening, on business—I have been on the coast these nine years—Powell had not been there before to my knowledge—he is twenty-one years old on my articles—Cormantine is a much smaller place than Elmina—the chronometers are my personal property. THOMAS PRICE . I was second officer on board the Lemuel . Prom the 8th to the 10th Aug. I was entrusted with nine boxes, by Captain Vickerman—I took them by his directions, and locked them up in a locker in the cabin—they were safe the night before they were taken away, the 10th, I believe—I did not see them, but the locker they were in was all safe about six o'clock that evening—I locked them up myself—about half-past three, on the morning of the 11th, Powell roused me from my sleep—I got out of my berth, and he took hold of my hand, and bid me good-by, on the quarter-deck—I asked him where he was going; he made no answer—by the time I got to the gangway he was in the boat, which was lying alongside the ship—she had been shoved astern in the evening—Watts and Lewis were also in the boat—I saw the boxes about midship in the boat; I did not see anything else—I believe they were the boxes I had locked up; they were of a similar kind—the men were sitting on the thwarts forwards—I went to the forecastle, and called our people—I then called-out to Powell, and told him that he was very foolish in going away from the ship, and that he would be caught—I hallooed it out loud enough for him to hear—he said, "We have begun, and we must go through with it"—I heard one of them say they had no water in the boat, and one of them said it was no good to go back after that—they then went away to the leeward—I did not see them rowing; they drifted down with the current to the southward—there was no boat to follow them with—we had one, but it would not float—I afterwards went into the cabin, and found the locker bad been broken open, the boxes gone, and the chronometers, dial, and other articles—the panuel of the state-room door had been knocked out—I found a bayonet bent in the cabin, and the locker had been forced open—we had nothing to tell the time by—I gave a note for the captain to a krooman in a canoe—it was soon after daylight—tbe captain came on board about half-past nine the same morning. Cross-examined by MR. CLARKSON . Q. You were about a mile off Elmina-harbour? A. About a mile, or a mile and a half, lying at anchor—I suppose we were in about seven fathoms of water—there was an American barque lying about two cables' length outside of us—we had got a speaking-trumpet on board—we spoke them, but did not get an answer—this is not the first time I have recollected that—I was examined on the coast of Africa—there had been a jollification on board over night; I do not know whether they were all drunk—I was not on deck to see them—I was not pretty drunk—I cannot say that Powell was thoroughly drunk; he was in liquor—several parties on board had been drinking while the captain was absent, but not all the company—Powell had given way to drinking—he was drunk the greater part of the time—I did not see whether they had or had not any victuals on board the boat—I heard them say they had no water—it was 3 small gig , about thirty feet long—I had no opportunity of seeing whether they had taken any bread or biscuit from the vessel. Cross-examined by MR. PARRY . Q. What time did you go to bed over night? A. About nine o'clock—I am quite sure it was not eleven—there were others beside me sober—I bad the watch on deck, and remained till nine; then I called another man, Scotcher, a seaman, who was perfectly sober—he is not here—we did not have a supper over night—what Price said was, "Good-by, I am going"—I cannot recollect exactly whether he said, "God bless you"'—I should get up at five in the ordinary course—we had no means of stopping the boat—Powell came to me alone—I did not see any other men on deck at the time—Scotcher would go below when his watch was over; that would be at ten—I had been to Cormantine before—we could get fresh water at Elmina—the captain had been absent from the vessel for ten or eleven days—he had been absent several times on business, while we were off the Coast, for five or six days at a time; at one time he was away for a fortnight—I was under Powell's orders—I had been on the Coast before, I believe Powell had not—I had never sailed with him before—we had eleven Kroomen on board, and eleven Europeans. BENJAMIN CATCHPOLE . I was master of the brig Tweed. On 11th Aug. last she was lying oft' the Gold Coast of Africa, about twenty-four miles from the town of Elmina—I saw Powell and Watts come on board my vessel about eleven o'clock that night—Lewis iemained in the boat in which they had come—we lay beyond Cormantine—they had had to pass Cormantine about two miles—we were hing westward of Elmina, and eastward of Cor mantine, off a place called Saltpond; that is beyond Cormantine, coming from Elmina—the coast in that part runs from X. W. to S. E.—I think I asked Powell where he was going, and he gave me to understand that he was going to Cormantine for things left behind by the ship—there was a high sea run ning that night, too much for landing—two of them remained on board all night, and the other in the boat—I saw the boat in the morning, and the three prisoners in it—they were pulling away from the ship, direct towards the shore—Cormantine was to the westward—in consequence of seeing that they did not go towards Cormantine, I went on shore, and made a communi cation to Mr. Swanzi, and in the middle of the day I saw the three prisoners in his custody. Cross-examined by MR. PARRY . Q. I think you only spoke to Powell? A. I believe not—I had never seen the prisoners before, to my knowledge—I invited Powell down to my cabin, and we drank together—he might have been there half an hour—they started at half-past six o'clock next morning—Powell slept in my cabin that night, on the sofa—I had been oft the Gold Coast about six weeks—I had no gold-dust on board—the gold-dust is got from the merchants—there are some native merchants correspondents of merchants in London—the prisoners could not have got on shore that night with safety—I had had no communication with the Lemuel before—I knew she was on the Coast, and was to sail—I had sent letters by her, and I had seen the captain on shore. ANDREW SWANZI . I am a merchant. On 12th Aug. I was residing at Anamaboo Fort, on the Gold Coast, where I am Commandant—on 11th Aug. I received a communication from Captain Catchpole, and ordered my canoe out, and went with him on board the Tweed —I sent a man to the mast head, but the boat could rot be seen—I followed in the direction explained to me by Captain Catechpole, keeping at such a distance from the shore that I could see on shore. and also a good distance out at sea—I had a telescope with me—I proceeded from west to east, in which direction the coast runs in that particular part, going away from Cormantine past it—that would be the way a boat would go to St. Thomas's—by means of my telescope I made out a boat lying off the surf at a safe distance from it, and two men in her—she was nearer to the shore than I was, and to the westward—I pulled in-shore immediately, in order that they might not suspect I was pursuing them, and when I got within forty yards of them they saw me—they pulled through the surf, and the surf took them in, and by some means they got on shore safely—they were Powell and Lewis—I pulled through the surf also, and landed about thirty yards from them—I found their boat pulled up on shore, and Powell and Lewis standing close to it, and Watts appeared immediately afterwards close to the boat—I did not see him at first—there were a great number of natives present, some of whom had a clothes-bag, which was rather heavy; they were pulling it away, it was afterwards found to be the bag in which the gold-dust was—another native had the chronometers, and two natives had two of the cutlasses—I said to the prisoners, "You are my prisoners"—one of them, I do not exactly know which, made a remark that the bag contained valuable property—I was entirely surrounded by the people, and expected to be attacked myself—I was not attacked—I am well known on the coast—I got possession of the bag, and afterwards found it con tained the gold-dust—I did not examine it at the moment—it was in different-sized packages of different value—many of them were broken, and also a great quantity of gold-dust loose—I have recovered it all, with the exception of a few ounces—I had transmitted a portion of the gold-dust myself—the box has not been opened since it came to England—the seals of the Lieu tenant-Governor of the Gold Coast and of the Lord Mayor are on it—( the box was here opened )—here are three of the packages which I transmitted to my brother, and which he sent on board the Lemuel —I have the bill of lading—one of these packages is worth about 200 l . ( opening one )—when I first took the prisoners, one of them, I think Lewis, remarked that the mate's jacket was in possession of the natives—I recovered it, and it contained a small package of gold-dust—they were taken into custody, and an examina tion took place at Cape Coast Castle, and I saw the gold-dust and the other property produced—I have seen them since—they are the same that I recovered from the natives—I gave the boat, and all the articles captured, into the possession of the Judicial Assessor of Cape Coast Castle—he is the chief Magistrate on the coast—Mr. Vickerman saw them there in my presence. Cross-examined by MR. PARRY . Q. How long was their boat ashore before you got ashore? A. Not more than two minutes—I did not know the prisoners at all—I had not had any communication from the Lemuel before this. GEORGE VICKERMAN re-examined. I saw two chronometers at Cape Coast Castle produced by Mr. Swanzi—they were mine—they are now at Bristol—I have seen the other property—it had all been left in my charge on board the vessel. (John Collins, parish clerk of St. George's, near Bristol; Thomas Brooks, master mariner; James Cook, master mariner; and----Seeley, nurseryman, near Bristol, gave Powell an excellent character.) POWELL GUILTY . Aged 22.— Transported for Seven Years . LEWIS GUILTY . Aged 54.— WATTS GUILTY , Aged 24.— Recommended to mercy by the Jury, being to a certain extent under the guidance of Powell.— Transported for Seven Years . 286. OWEN MORAN , WILLIAM JONES , JOSEPH BARNES , and JOHN BREAD were indicted for a rape upon Ann Coxfield . MORAN GUILTY . Aged 23. BREAD GUILTY . Aged 23. Transported for Life JONES GUILTY . Aged 17. BARNES GUILTY . Aged 18. Confined One Year . 287. THOMAS SALTER , stealing 12lbs. weight of brass, value 12 s .; the goods of William Fuller , his master; having been before convicted; to which he pleaded GUILTY . Aged 36.— Confined One Year . 288. STEPHEN BLANEY , stealing 2 jackets and other articles, value 1 l . 17 s .; the goods of Hugh Paterson ; in a port of entry and discharge. HUGH PATERSON . I am a seaman, on board the ship Franklin. She came into the London Docks on 29th Nov.—the prisoner was one of the crew—I came on shore with him about five o'clock that evening—we went to a public-house—I missed the prisoner there—I returned on board the next morning, and missed the articles mentioned—those produced by the officer are them. ELIZA EMERY . I am single; I live in New Gravel-lane, Shudwell. I saw the prisoner at the White Swan on Wednesday night, 29th Nov., about eleven o'clock—he gave me these clothes—he said he had left the ship, and they were his clothes I was to pawn them the next morning—I pawned them at Mr. Hawe's—I went there again, and they were detained. ROBERT FROST SMITH ( policeman, K 277). I received most of these things from Mr. Hawes, and from Mr. Cohen—one of these shirts is marked with the prosecutor's name—I found this in the prisoner's breast, at the station. Prisoner's Defence. I bought the clothes of a man on board the ship. GUILTY . Aged 20.— Confined Nine Months . 289. WILLIAM SAUNDERS , feloniously breaking and entering the dwelling-house of William Ditchman , and stealing 2 shawls and other goods, value 39 l . 15 s .; his property. WILLIAM DITCHMAN I live at 5, Buckingham-street, Caledonian-road, in the parish of St. Maty, Islington. I am a solicitor's clerk—On 12th Nov. I left home about half-past eleven or twelve o'clock—I left my servant at home—I returned about half-past ten or eleven in the evening—I then missed the articles stated, and a few others—I am afraid 40 l . would hardly replace them—they were worth a great deal more than 10 l .—the articles produced are some of them. CHRISTIANA SHETHER . I am servant to the prosecutor. On Sunday evening, 12th Nov., I left the house at a quarter before seven o'clock—I lelt the street-door fastened, the latch was closed—I tried the door with my hand, so as to ascertain that it had caught—I returned at nine o'clock—I missed a hat from the back parlour, and the other articles stated. EMILY PALMER . On Sunday evening 12th Nov., about eight o'clock, the prisoner came from Mr. Ditchman's street-door, and asked if anybody was at home—I said, "No, "but if there was any message I would deliver it when the person came home—he said there was no message, only say that the man called from 15, Walton-place, Caledonian-road—at a quarter-past eight I fetched the supper beer, and I saw a light move in the front bed-room of the house, so as to intimate that there was somebody there—I thought it was the girl. Prisoner. Q. Did you see my face? A. Yes. Prisoner. I can prove I was at Woolwich the very day this happened. Witness . I had never seen him before—his face was towards me—there was light enough for me to see his features—I am sure be is the man. WILLIAM HARRIS ( policeman, N 112). On Sunday, 3rd Dec, I took the prisoner into custody at Islington, on another charge—I found this knife in his pocket, which is claimed by Mr. Ditchman. Prisoner's Defence. I have had that knife twelve months, and the hat I bought on Sunday morning, 3rd Sept. JAMES BRAKNEN ( police-sergeant, N 9). I was with the other officer when the prisoner was taken—he had this hat and this handkerchief on—I told him where these things were lost from—he said, "I can prove where I had the handkerchief from, and the hat I bought in Petticoat-lane for half a crown. WILLIAM DITCHMAX re-examined. lean swear to the knife—I had had it a month or six weeks—it was in the pocket of the trowsers that were taken—I had used it on Sunday morning—a piece was broken off—I have no doubt about this hat and handkerchief being mine—a short time before, I was out, and a person who distributes tracts came—I took one, and my hat being rather too large I put this tract inside the lining, and it was found in it when the hat was found on the prisoner's head—this is it. GUILTY . †— Transported for Ten Years . 290. SAMUEL SIMMONS , stealing 3 marten skins, value 7 l . 10 s .; 7 ounces weight of gold orris, 2 l . 10 s .; and 1/4 of a yard of gold cord, 1 s .; the goods of John Bradshaw and others, in the dwelling-house of John Brad shaw the younger. GEORGE DAVIS . I am in the employ of Mr. John Bradshaw, 27, Vine-street, Regent-street—he has two partners—he is a military tailor and gold laceman. On 7th Dec. I was cleaning the braid for the shop-window a little before eight o'clock—the prisoner spoke to me, and asked if we had any old clothes to sell—I told him "No"—he asked me to save him some gold lace—I told him he had better speak to Mr. Bradshaw—he asked me if I could not get him some, as he thought I should want a few shillings, and he asked me to meet him at the Bull and Mouth—I told him I could not that evening, I would on the Monday—on the Monday morning he passed by, and beckoned me—I nodded, but did not speak to him—he held up eight fingers, I thought he meant I was to meet him at eight o'clock—I went at eight, and did not see him—on the Tuesday morning he came and said I was to meet him that night, at nine, and he said, "Bring some sable and some lace; the more the better"—I went at nine, but did not see him—on the Wednesday he came, and came into the shop—I said to him, "You were not there yesterday"—he said, "Yes, I was, in the evening"—he asked me if I had these things ready for him—I said, "Yes, I had a few"—he said, "Give them to me"—I opened the drawer, and gave him a few sables—he took them, and asked for more—I said I could not get more, because the drawers were locked—he then asked me for some gold—I gave him one skein of gold—I said I had no inore—he asked if I could not get more—I went to the window and gave him two quills of gold—he asked ine to meet him that morning, at the corner of Sackvillostreet—I said I should not be able to come—he said, "Try"—he spened the door, winked with his eye, and went out—the officer went after him, and took him—I had told. Mr. Bradshaw, when the prisoner first came—I did ail this with the knowledge of Mr. Bradshaw—I gave the prisoner the sables and gold, and I had my master's permission to take them. JOHN BKVDSHAW . I have heard the evidence of Davis—in what he did, in handing these things to the prisoner at his desire, he was acting under the authority of myself and the police—on the Monday morning he informed me that he had been solicited to commit a robbery—I communicated with the police, and what passed from. Monday morning, was under their direction and mine—I did not intend my servant to make a gift of these things—we had no other means of detecting him—he came, and asked, "Have you got any thing?" "Have you got anything ready for me?" "When will you meet me?" "Bring so and so with you when you do come"—and so on. Cross-examined by MR. METCALFE . Q. You had sent some of these things with the boy, in order that he might meet this man? A. No—I knew he was going to meet him. ROBERT LESTER ( police-inspector A .) I concealed myself in Mr. Bradshaw's premises on the Wednesday morning—I saw the prisoner enter, and a con versation ensued—the whole of it I did not hear—Davis said, "I was there yesterday morning"—the prisoner said, "Was you? What have you got? let me have them now"—Davis put on the counter three skins, which the pri soner laid hold of, and put in his bag—the prisoner then said, "Make haste! some gold or gold lace"—then the quills of gold were put towards him, on the counter, by Davis, which were taken by the prisoner and put into the bag—he then said, "Make haste! more sables"—the boy made some remark that he had not got the keys—he said, "Meet me about ten o'clock, and bring more sables and gold"—he went out, I permitted him to go about thirty yards from the house, I then took him—I said, "What have you had of that lad?"—lie said, "An old coat, sir"—a shop-door was open, I put him in, and showed him the skins and the gold—I took him to the station, and said, "These things you have been charged with stealing"—he made no reply—I found this gold cord in his pocket. Cross-examined. Q. Where were you? A. In the cupboard—I could see what was going on, through I crack—I could not see so plainly as if I had been out—I am quite sure I am correct in saying that the things were put on the counter—if the boy said he put them in his hand it is not true—the pri soner said he was married, and had six children at home starving—I went to the house, they are in great distress, I believe. GEORGE DAVIS re-examined. I opened the drawer, and the prisoner put his hand out and took the sables—the quill of gold was laid on the counter, and he took it oft. JOHN BRADSHAW re-examined. These are my property and my partner's. (James Gill, a tailor, of Newgate-street, gave the prisoner a good character.) GUILTY . Aged 40.— Recommended to mercy by the prosecutor.— Transported for Seven Years . 291. WILLIAM JOHNSON , stealing 1 sheep, price 2 l ., the property of John Lewin . MR. PAYNE conducted the Prosecution. JOHN LEWIN . I live at Stanwell, in the parish of Harrow; I have a mea dow-field in Harrow parish. On 6th Sept. I had nine wether sheep and one ewe there—I saw them safe between ten and eleven o'clock that morning—in consequence of information, I went on Sunday afternoon, the 10th, in search of one of the sheep—after searching some time, I found the fore-quarters with the skin on—it was the skin of one of my wether sheep, and the entrails were underneath—I took away the two shanks to my house, and afterwards gave them to the policeman—we left the remainder on the spot till night; Harris then took it—I went with Colebrook and two other policemen that Sunday night, between eight and nine, to the prisoner's room—we found him in bed; he came down, partly dressed—Colebrook asked him what he had for dinner—he said, "Some dumplings"—Colebrook asked him if he had had any mutton for his dinner; he said, "No"—he asked him whether he might search; he said, "Yes"—we went up stairs, went to a cupboard, and found some dumplings and some mutton, which was cooked—it was part of the hind-quarter, cut rather differently to what a butcher would cut it; it was part of the loin, and under the bed was a bone partly picked, and a marrow bone—there was a box near the bed—Colebrook said to the prisoner's wife, "What have you got here?" she said, "You break that if you dare!"—he gave it a shake, and found there was something in it—he lifted it up, and pulled it open—he found the thick part of two legs of mutton salted—Cole brook said to Johnson, "You are my prisoner"—he asked him where he had the mutton—he said, "At Edgeware"—I had branded my sheep myself, with, pitch, with the letter "L" in a ring. STEPHEN COLEBROOK ( policeman, S 289). I went with the prosecutor, and Braddle and Harris to the prisoner's house—after a while, he came down—I asked him whether he had had any mutton for dinner—he said, "No"—I asked if he bad any in his house—he said, "No"—I followed him up stairs, and in the cupboard found some mutton cut like mutton chops, and some dumplings; and in the box two parts of the legs of mutton, and the back bone wrapped up in some blankets—the prisoner's wife was sitting on the blankets, and dared me to move them—after some time she got up, and I found the back-bone, a leg-bone, and a shin-bone—there was some meat cut off them—I asked the prisoner where he got the mutton—he said, "From Edgeware"—we were there two or three minutes, while the prisoner was get ting up—there was time for him to have cleared the cupboard and taken out the things. ROBERT BRADDLE ( policeman ), I went with the other officers—I have heard the account of the finding of the meat, it is correct—I kept the mutton delivered to me till it was handed to sergeant Ellis, at the station—I got it again on the Monday morning—the bones were compared by a butcher with those parts found in the field, and they were the same. SAMUEL ELLIS ( police-sergeant, S 29). I gave back to Braddle what I received from him. JOHN HARRIS ( policeman, S 250). On the Sunday night I went with the prosecutor to one of his fields, and took in my possession part of the carcass of a sheep—I gave it to Braddle. CHARLES HAM . I have been a butcher twenty-six years. I examined the meat and bones given me by the policeman, with the parts in the skin of the sheep—they corresponded exactly—they satisfied me to a certainty that they came from the same sheep—I fitted the chine-bone and the leg-bone—I have not the slightest doubt that they were from the same sheep—they were not cut as a butcher would cut them, but very differently. Prisoner's Drfcncc . I was coming home about nine o'clock; I met a man who asked me to buy some meat; he set it down, I saw it was mutton: he said a farmer had had an accident with a sheep, and what was left I should have for 5 s .; I bought it of him, not suspecting anything wrong. GUILTY . Aged 33.— Confined One Year . 292. JOSEPH CORNWELL , feloniously assaulting James Wilkes , and wounding him on the right cheek and right eyelid, with intent to do him grievous bodily harm. MR. PARNELL conducted the Prosecution. JAMES WILKES ( police-sergeant, S 43). On 27th Nov., about three o'clock in the afternoon, I went to the Hampstead-road with some officers, to attend a soldier's funeral at St. James's Chapel—I found a great many persons there—it was my duty to keep a thoroughfare for the soldiers to pass and repass to the chapel—a disturbance took place—there was hallooing, shouting, and throwing stones at me and my brother officers, and threatening to do us some injury—I heard a man say he would do for one of the constables—I felt a rap on the head with something, I could not tell what—I fell down—it made me insensible—when I came to myself, I found myself in a chemist's shop, and the blood running from my eye—I thought I had lost the sight of my eye—I was taken by two officers to Mr. Collins', and after that I was under the police-surgeon—I was ten davs before I could do duty. Cross-examined by MR. PAYNE . Q. What was the matter at this funeral? A. Nothing more than usual—the people wanted to do as they liked—there is a yard in front of the chapel—the people were kept out of that, and out of the chapel—that was not the reason of their doing as they did—they were not allowed to do as they liked, to block up the thoroughfare—there was a band playing—there were not a great many soldiers. THOMAS HOID . I keep a provision shop, in Dudley-street, St. Giles, and live in Mornington-crescent—I wanted to pass St. James's Chapel at the time of the soldier's funeral—I could not, as the mob was there, and I was obliged to stop—I saw different policeman there—I did not remark Wilkes—the policeman were pushing the people away to make a thoroughfare—I did not see any noise or disturbance—I saw the prisoner take up a stone, and throw it, and hit the policeman—I saw him fall into the hands of a gentleman—I kept my eye on the prisoner—he put his hands behind him, and got between two or three other persons—there were two or three policemen coming up, and I said, "That is the man." Cross-examined. Q. "Were you driving your cart? A. No, my servant was driving, I was riding in it—I believe I took the whip to point the pri soner out—there is a wide road there—it is difficult for me to say how many persons were there: perhaps 200—I saw the prisoner's hand lifted up, and I saw the stone go—I did not know him before—he was taken in about five seconds after 1 had seen the stone thrown—the moment the policemen came up. I pointed him out. JOHN SANDS ( policeman. S 362). I was at the funeral with Sergeant Wilkes and eight or nine other officers—I saw Sergeant Wilkes when he was hit with the stone—the stone brushed my hat—I could not see who threw it—there had been several stones thrown before—I took the prisoner—Mr. Hord pointed him out—I did not see what sort of stones were thrown. Cross-examined. Q. The prisoner denied that he threw the stone? A. Yes. JOHN PARSEY I live in Devonshire-street, Portland-place. I was coming along the llampstead-road, about three o'clock, on the day of the soldier's—I saw a very largo crowd, perhaps 2000 persons—the policemen were endeavouring to clear the passage—there was a great deal of hissing and hoot ing, and a rush made at the police several times—there were perhaps from fifteen to twenty policeman altogether—the crowd would not clear the way at all—I went up Robert-street to see if other men were coming, and I saw the superintendent coming down—I came down again, and saw Sergeant Wilkes in the arms of two policeman, in a perfectly insensible state. Cross-examined. Q. Had the funeral arrived? A. Yes, and was gone into the chapel—the people were waiting to see the soldiers come out. DANIEL TAYLOR ( policeman, S 377). I was at the chapel—I saw the pri soner standing with another man, who was threatening the police—the prisoner was hissing—I heard the other man say, "I have his number down in my book, and I will mark the b----r"—that was 359—I am quite sure the pri soner was the man standing there—the man who made the remark pointed out to the whole mob, and said it to me. HENRY WALLAN . I am a gardener, and live at 4, Bush's-buildings, Kentish-town—I had known the prisoner before 27th Nov.—about three o'clock that afternoon I was outside the gates of the chapel, on the opposite side to the prisoner—when the soldiers were coming out of the gates again, after the funeral, I saw him pick up a stone, and heave it—it hit the sergeant—I saw him stagger back—I was behind the prisoner when he threw the stone—he was about seven yards from the policeman—I told about this as soon as I went home. Cross-examined. Q. If you saw him do this, why did you not tell about him? A. Mr. Hoid did—I had never seen such a funeral before; I was anxious to see it—I went before the Magistrate on the following Monday; I was not sent for for a week—I told Mr. North, one of the Kentish Town policemen—when the prisoner threw the stone he was standing towards the left of the gate—I was standing on the opposite side while they were in, but when they came out I crossed the road—the policeman came to me on the Wednesday—he said I should be wanted at the Marylebone-office on the Monday, at twelve o'clock—I never had any quarrel with the prisoner—the policeman did not offer me any money to come up and give evidence—I am a jobbing-gardener—I am out of work just now—I had no work on the day of the funeral, else I should not have been there—it is not above a week since I had work to do. JUDAH COLLINS . I am a surgeon, and live in Mary-street, Hampstead-road. About three o'clock, on Monday, 27th Nov., Sergeant Wilkes was brought to my surgery—he was rather cold, and almost insensible—he was not aware where he was—his pulse was very low—he was almost in a state of collapse—I found a small wound between the eyelid and the external angle of the right eye—the skin was broken—the wound might be dangerous—it appeared mare to have affected the brain—it might have been caused by a stone—the ball of the eye was not injured—I suppose it produced the effect from the violence with which it was thrown. Witnesses for the Defence. ELIZABETH STOREY . I live in Little Albany-street, and go out washing. I was in Hampstead-road on 27th Nov.—I saw a stone thrown; it was not the prisoner who threw it; it was a man with a brown jacket and corduroy trowsers, and a blue neck-handkerchief—I saw the stone strike the sergeant—I am no relation of the prisoner; I am an acquaintance—we have known each other two or three years. Cross-examined by MR. PARNELL . Q. Did you see more than one stone thrown? A. Yes, several—I did not see the prisoner throw one—I did not see him there for a quarter of an hour before the stone was thrown—I waited till the procession was all over, and followed the soldiers. COURT . Q. How near were you standing to the man who threw the stone? A. Next to him—I saw several carts there—I did not see an officer come round directly afterwards, and take a man into custody. (The prisoner received a good character.) GUILTY of an Assault. . Aged 28.— Confined Nine Months . 293. THOMAS SUCH and ALFRED NUNN , feloniously breaking and entering the dwelling-house of John Spankee , and stealing 1 medal, and other articles, value 5 l . 4 s .; and 2 5 l . bank-notes, his property; both having been before convicted; to which SUCH pleaded GUILTY . Aged 26.— Transported for Ten Years . JOHN SPANKEE . I am a law-student—I live and sleep at 21, Old-square, Lincoln's-inn. On 27th Nov. I left my chambers about seven o'clock in the evening, and closed the door, so that the bolt would catch—I came home about nine—I found the outer-door open—I went up stairs, found the room-door open, and a bundle of clothes on the floor—my desk was open—I missed two 5 l .-notes, a sovereign, a medal, a coat, trowsers, and several other things, worth above 5 l ., beside the notes and the sovereign—I went to the porter's lodge, and procured the assistance of the police—I found in my room a waistcoat, a cap, a skeleton-key which fitted my door, and a, chisel, which I delivered to the policeman. GEORGE LOWE ( police-sergeant, T 32). I apprehended Such—I found on him a number of skeleton-keys—after he was locked up he sent for Sergeant Blundell. ALFRED BLUNDELL ( police-sergeant, T 9). On Monday night, 4th Dec., I was at Hammersmith-station, Such made a communication to me—I found on him a flannel-shirt, a handkerchief, 'and this key, which came out of Mr. Spankee's chambers—I got some information from him respecting some candlesticks, a coat, and book—he gave me details which satisfied me that he was one party who had been to these premises—what he said induced me to take Nunn. JOSEPH THOMPSON ( police-sergeant, F 11). On 7th Dec. I apprehended Nunn in Drury-lane—I had seen him and Such together repeatedly—I told him I wanted him for being concerned with Gipsey , which is the name Such goes by—he said he did not know such a person—I told him at the station I had his shoes, waistcoat, and cap—he said he knew all about that; there were plenty of tilings belonging to him—I tried them on, and they fitted him exactly—the shoes I am certain did; I had seen him wear them, and such a cap—when the prisoners were taken from the van to the cells, Such said to me, "How are you?"—I said, "Very well"—he said, "Have you found Spankee's crabs yet?"—I said, "No, I have not; but I know where they were sold; the lot only fetched 15 s ."—he then addressed Nunn, and said, "Did not the candlesticks turn out wedge ?"—he said, "No, you know they did not," and laughed. Nunn. Q. How do you know these shoes, that you say are mine? A. I have seen you wear such, and they fitted you exactly—I have seen you wear such a waistcoat as this—you were without a waistcoat the night after, and borrowed one of a man in a public house. JOHN JONES ( policeman, T 210). I was in the police van on 12th Nov., when the prisoners were coming from the House of Detention—Nunn said to me, "Don't you say anything at the police court"—I said, "I shall say nothing without I am asked"—Such said to Nunn, "What did you get for the candlesticks?"—Nunn said, "155."—I was locked-up with them for two bours—one said to the other, "What is the use of your saying you are not GUILTY ., you know you did it; and Lewis Lyon is out of the way." EMMA JEFFS . I went to the prosecutor's chambers about eight o'clock—I left about a quarter-of-an-hour or twenty minutes past eight—I shut the door—I did not see anybody in the place—the candlesticks were plated with silver ornaments—there were silver spoons and plated forks. Nunn's Defence. I know nothing about it. Such . Nunn knows nothing about it. RICHARD MOORE . I produce a certificate of Nunn's former conviction in the name of "Thomas Brown"—( read—Convicted Oct. , 1846, and confined am year )—he is the man. NUNN — GUILTY . Aged 22.— Transported for Ten Years . 294. FRANCIS MACERS and ELIZA STEVENS stealing 1 scarf value 10 s . and 37 sovereigns, the property of Thomas Butcher , in his dwelling-house. MARIA ANN BUTCHER . I am the wife of Thomas Butcher; we live at 49, Ironmonger-row. The prisouers came and lodged in my first-floor about five months ago—they passed as man and wife—my bed-room is on the same floor with theirs—I went out of town for my health in Sept.—I left my keys with Stevens—the places were all open—my business is the India-rubber and brace work—the prisoners left me three weeks last Friday—I afterwards missed a scarf, which had been kept in my bed-room, and 37 sovereigns in a purse from my drawer—I went to Steveas with a policeman—he asked her about the scarf, and it was found in her box in my presence—the prisoners bad the appearance of having a great deal more furniture than they had when they lodged with me—they had scarcely anything when with me, and they were old things—the reason they assigned for leaving me was that they wanted a coalcellar—we said we would let them have one for 3 d . a week more—Macers said he should lose as much as he gained by having to pay 3 d . a-week more—I was told they paid 3 s . a-week where they went to—they paid us 2 s . a-week. Cross-examined by MR. PAYNE . Q. Are you sure about the scarf being yours. A. Yes—Stevens said she could not tell how it came there—Macers was taken where he was at work. COURT . Q. Would the keys you left with the female prisoner open the drawer where the money was? A. Yes—there were other lodgers in the house—Stevens at first waited upon me—I had not a servant afterwards—I have a girl now—the prisoner remained in the house three weeks after I came back from Margate—Stevens worked for me at garter work—my sovereigns were all of the present reign. JOHN HARVEY ( policeman, G 118). I went with Mrs. Butcher to the pri soners' lodgings—Stevens was there—I told her I belonged to the police, and charged her with stealing 37 sovereigns and a scarf—I asked her if she had any money in the house—she said sixpence was all that she had—I asked if she had a scarf, she said, "No"—she said I was welcome to search—I com menced searching—I found a black scarf, and this scarf was concealed in it—Stevens said, she did not know how it came there; somebody must have put it there—I found this small box—I asked her what it contained, she said, "3 s . 6 d ."—I said, "Where is the key?"—she said, "My husband has got it'—I took it to the stitior, it was broken open, and 5 sovereigns and 7 s . 6 d . were found in it, in a purse—the sovereigns are of the present reign—there were men and woman's clothes in the box me which I found this scarf. JOHN WARING ( Policeman, G 86). I took Maeers—he was asked if he knew the box—he said it was his—he was asked what was in it—he said, about two sovereigns, and there might be a shilling or two more, he could not say—I found on him a small key which unlocked the box—there were two small back brooches in it, besides the money—there were in the room new fire-irons and fender, new blankets, and a varity of things, as if persons had set up afresh. Cross-examined. Q. When the man said there was about 2 l . in the box, and you found 5 l ., did he give any explanation? A. He said before the Magistrate, that he intended to take out three sovereigns to put in the Saving's Bank, and he found the bank was shut—he did not say that 3 l . had been taken out the day before, to put in the Saving's Bank, and he did not know it had been put in again—I took him on 6th Dec, at his employers, Mr. Mil ier's, in Goswell-street-road. MRS. BLTCHFR re-examined. I do not know anything of this purse, in which the money was tound—the purse my money was in was as long again as this—it was a purse that was my father's—the prisoners had left for three days before I came to town and returned again. Cross-examined. Q. Did you say you were sure this woman had the keys? A. Yes—she told me she gave them to my husband—my husband had not the charge of the money —he never knew I had it—he is seventy years old—I kept the money to keep him out of the workhouse. Stevens. She left the keys in a box; I never touched them; and never had them in my possession. Witness . My drawers were open—I did not lock the drawer in which the money was—it was in a very long purse, in a corner of the drawer, under my things, under a little bos with cotton in it—I went away in a hurry for the boat—my scarf, I believe, was in a chest, which was locked, the key of the chest was amongst the keys—our things were left under this woman's care—she attended to me—I had the greatest confidence in her. MACERS GUILTY .—Aged 25. STEVENS GUILTY .—Aged 30. Judgment Respited. 295. EDWARD HOPES , stealing 2lbs. weight of bacon, value 1 s .; the goods of Henry Stone ; having been before convicted. HENRY STONE . I am a poulterer, and live in Great Chapel-street, West minster—at a little before 12 o'clock at night on 9th Dec, two females came into my shop for a piece of bacon—whi'e I was occupied with them I missed a rabbit from the window—tiiore had been three rabbits there, and the middle one was gone—I weighed the bacon, and the females had to money enough to pay me—they turned to go away and I said "You had better put the rab bit on the board, or pay for it'—the woman walked on—I then saw the prisoner come to my shop, put his arm in, and take the bacon—I went after him—he threw the bicon over his shoulder, and it hit me in the breast—I followed him some distance, saw a policeman, and he took him—this is the bacon—I had cut it that evening—a neighbour picked it up. GEORGE JACOB POWLEY ( policeman, B 228.) I saw the prisoner run down Baker-street, and Mr. Stone close behind him—at the corner of New Tothil-street, the prisoner fell down, and I took him to the shop—this piece of bacon was given to me at the shop. Prisoner's Defence I was coming along, on the right-Innd side of the way, running, and this man called, "Stop him!" I did not take notice of him; I had had a drop ofdrink, and fell down; he collared me, and took me back to the shop, and asked the woman if it was me, she said, "No;" several persons said it was not me. FREDERICK WILLIAM BALLARD ( policeman, B 79). I produce a certifi cate of the prisoner's former conviction at Clerkenwell—( read—Convicted, April , 20 th , 1848, and confined four months )—the prisoner is the person. GUILTY . Aged 22.— Confined Six Months . 296. JAMES CATLIN , stealing 1 bullock's heart, value 2 s .; the goods of William Brett ; having been before convicted. MICHAEL JAMES COX . I am shopman to William Brett. On 9th Dec. I missed a bullock's heart—I saw the prisoner running away with it under his arm—it was brought back in half-an-hour with the pipe on it, which matches with this pipe ( produced ). Prisoner. I was at home. Witness . I am sure of you—I knew you by sight. HENRY OSBORNE . I produce a certificate of the prisoner's conviction ( read—Convicted Nov. 1845, confined four months )—I was present; he is the person. GUILTY . ** Aged 17.— Transported for Seven Years . 297. GEORGE WILLIAMS , stealing 7 1/2 lbs. weight of pork, 1/2 lb. weight of butter, and 1/2 lb. weight of cheese, value 6 s . 3 d .; the goods of Ed ward Rainger ; having been before convicted. GEORGE ADAMS ( policeman, A 356). On 2nd Dec, about half-past six o'clock, I found the prisoner in the area of 21, Gresham-street, with a leg of pork, a pound of cheese, and a half-pound of butter—Mrs. Moody identified it—the safe was broken open. CHARLOTTE MOODY . I am servant to Edward Rainger. I left this pork, butter, and cheese locked up in the safe in the area—the key was in the kitchen. JOSEPH IRONS ( policeman B 179). I produce a certificate—( read—John Smith, convicted April , 1848, confined ten days and whipped )—I was present; the prisoner is the person. GUILTY . Aged 16.— Confined Six Months . Three weeks solitary . 298. CHARLES CLARKE , stealing 2 shillings, 1 sixpence, 3 pence, and 4 halfpence; the moneys of Thomas French Turner , his master; to which he pleaded GUILTY .— Confined Three Months . 299. HENRY HARVEY DOE , stealing 1 picture frame, value 25 s .; 2 sovereigns, and 6 shillings; the property of Francis Lee , his master; to which he pleaded GUILTY . Aged 16.— Confined Three Months . 300. ANN TWIRT , stealing 2 handkerchiefs and 1 knife, value 8 s .; the property of Joseph Wagstaff , from his person. JOSEPH WAGSTAFF . I am a lawyer's clerk. I live at Fann-street, Gos well-street. On 13th Dec. I had had too much drink, and went into the Red Lion—I had two handkerchiefs and a knife—these are them ( produced ). WILLIAM THOMAS TABERNACLE . I am a licensed victualler—the police told me something, and I saw the prisoner trying Wagstaffs pockets in my tap-room—she looked to see if any one was watching her—a policeman stopped her, brought her back, and produced these two handkerchiefs and knife. GEORGE BLOOMEIELD ( City-policeman , 286). I saw the prisoner in Mr. Tabernacle's tap-room—she put her hand into two or three of Mr. Wagstaff's pockets—I searched her at the station—she produced these things, which Wagstaff identified when he became sober. Prisoner's Defence. He took me into the public-house, gave me a hand kerchief, and said, "put that round your neck;" as I was very cold—I was shaking him to rouse him up—I picked up the knife by the door. GUILTY .— Confined Six Months . 301. MARY ANN DALEY , stealing 3lbs. 3 oz. weight of beef, 1 dish, 21bs. weight of potatoes, and 1 pudding, value 4 s . 2 d .; the property of James Downing ; having been before convicted. GEORGE BRUNDELL . I live with my father, a baker, at Limehouse—there was some beef, potatoes, and pudding on the counter in this dish—they had been brought to bake by Mrs. Downing—the prisoner came and asked for her dinner—I asked what it was—she said a piece of beef, pudding, and pota toes in a parting dish—this was the only dish of the kind on the counter—she laid down 6 d ., I gave her 4 d . change—she said it did not belong to her, but to Mrs. Elliott, who sent her for it—I did not know Mrs. Elliott, but gave it her as she paid for it. MARY ANN DOWNING . I took this dish to be baked—it was my husband James Downing's—I did not send the prisoner for it. WILLIAM HUXTEP ( policeman ). I took the prisoner—she said she met Mrs. Elliott in Church-yard, who asked her to go and get the dinner, that she got it, paid for it, and met Mrs. Elliott in Oak-lane, who gave her 2 d .—she could not tell me who Mrs. Elliott was—I found this dish at the pri soner's house. Prisoner's Defence. I fetched it and gave it to Mrs. Elliott; the dish does not belong to Downing. JOSEPH LUDGROVE . I produce a certificate of the prisoner's conviction ( read—Convicted August , 1841, and confined six months )—she is the person. GUILTY . Aged 18.— Confined Three Months . 302. GEORGE ADOLPIIUS ERLEBACH , stealing 27 printed books, value 7 l . 10 s .; the goods of John Spencer ; and FREDERICK GEORGE DYE , feloniously receiving the same; to which ERLEBACH pleaded GUILTY .— Confined Six Months . ANN CLARK . I am laundress at 10, Lincoln's-inn-fields. Mr. Spencer lias chambers there—Erlcbach had been his clerk—on 11th Dec. about ten o'clock in the morning, Mr. Spencer left, to go to his business chambers, in the Temple—about eleven, Erlebach came and asked me for some books, which he got, and took away in a blue bag—they were 27 volumes of the "Penny Cyclopedia." JOHN SPENCER . Erlebach was in my service—he left about six months back, but was still occasionally employed by me—I did not send him to my chambers on 11th Dec. for any books—he had no authority to take any—I saw them safe between nine and ten o'clock on the morning of the 11th, and missed them in the evening. JAMES LEWIS ( policeman, G 166.) On 12th Dec, as I was on duty in Bagnigge-wells-road, Erlebach came, and gave himself up to me. JOSEPH THOMPSON ( police-serjeant, F 11.) In consequence of what Erlebach told me, I went to a book-shop, at 1, King's-road, Gray's-inn, and inquired for Mr. Dye—I did not find him there—I went again, about ten o'clock in the morning, and found him—his brother said to him, "This is the gentleman about the 'Cyclopedia'"—I was in plain clothes—I said, "I have called about the 'Cyclopaedia"'—Dye said, "Oh! the 'Cyclopedia;' here it is;" and he pointed to a table in the next room, on which it was lying; "I expected some one would call about it, "or something about it; "I expected it was not right; the book is worth between 3 l . and 4 l .; I was rather particular, and I took his address;" he gave me this slip of paper, with some name which I don't understand, and the address, "2, Amwell-street, "he said the boy had either 6 s . or 6 s . 6 d ., and he was to sail next day, and he was to give him 12 s .—he said "he only asked 10 s ., but I should have given him 12 s . if I had found it was all right"—I took the books, and produce them. Cross-examined by MR. HUDDLESTON . Q. How long before you saw Dye had you been to the shop? A. Perhaps an hour and a half—I did not men tion that I was a policeman—Erlebach was then in custody—I don't think he said that the reason he did not give the boy what he wanted, was because he wanted to inquire into the story—he said the boy told him they belonged to his mother, and he had gone there to inquire—I went to 2, Amwell-street, and saw Mrs. Erlebach. MR. HUDDLESTON called THOMAS POPE ( policeman, E 117.) I was on the beat where Dye lives—he came to me, and said some one had brought some books, and he believed them to be stolen—he said he had been to the mother on the Monday night, and he should go again on the Tuesday night, and there was no person of the sort. DYE ( received a good character )— NOT GUILTY . Before Mr. Baron Rolfe. 303. HENRY ALLEN , was indicted for b----g----y. GUILTY . Aged 18.— Judgment respited. Before Mr. Common Serjeant , 304. MARY ANN SMITH , feloniously cutting and wounding Thomas Johnson on his left hip, with intent to do him grievous bodily harm. The prosecutor not appearing, the prisoner was ACQUITTED . 305. ELIZABETH ROBINSON , was indicted for unlawfully obtaining goods by false pretences; to which she pleaded GUILTY . 306. ELIZABETH ROBINSON was again indicted, with MARGARET UPTON , for stealing 2 shillings, 72 pence, 120 halfpence, and 48 farthings, the moneys of John Lloyd , in his dwelling-house, and afterwards burglariously breaking out of the same; to which ROBINSON pleaded GUILTY .— Confined Six Months . MR. CAARTEEN conducted the Prosecution. SOPHIA LLOYD . I am the wife of John Lloyd, of Church-lane, White chapel, he keeps an eating-house—the prisoners were both in my service—on Sunday night I went up to bed, leaving the till locked, with about 2 s . in silver, and about 12 s . in copper in it—I told Upton to bring me up some water—she did so, and then I told her to go to bed—the other prisoner was down stairs all the time—I afterwards heard the street-door slam three times, which I had locked and bolted—I ran down, and found he till broken open, and the contents gone, with the exception of one halfpenny and one farthing—the door was just on the jar, and the prisoners were both gone—Upton was, after wards brought by Mrs. Dufaur—I said, "Why, Margaret, how could you break open my till?"—she told me that she dad not do it, that Betsy did (Robinson was not present)—I said, "What with?"—she said, "A steel," and she showed me which steel it was. JANE DUFAUR . I am the wife of Charles Dufaur, of Little Somerset-street, Whitechapel—I know the prisoners—I met them in Whitechapel—I asked Upton how she came to break open her mistress's till, and how much she took out of it—she said she took 4 s . 6 d . UPTON — GUILTY . Aged 14.— Confined Two Months . 307. HENRY BEASLEY and JOSEPH HEAD, stealing 145 lbs. weight of lead, value 30 s .; the goods of John Simpson , fixed to a building. 2nd COUNT , of the Trustees of the Union Building Company . ROBERT GREY . On Monday night, 11th Dec, between six and seven o'clock, I heard a knocking on the roof of two of the houses in Great Camden-street—I called my master, and followed him and the policeman, who had a light, to the-top of the house, and saw Head on the roof, in the custody of a carpenter, whose name I do not know—Beasley was on the joists, in the cus tody of Correy and the policeman. JAMES CORREY . I received information, went to this building with a light, and found Beasley on the joists of the house nearest to Church-lane—they are two unfinished houses—we secured him, and directly afterwards saw Head lying on his face in the gutter of the adjoining house—he was taken. JAMES KING ( policeman, G 192). I took Head on the roof of the house—I saw two pieces of lead cut—one piece was rolled up, and the other fresh cut—the lead remaining on the house corresponds with this ( produced ). HENRY FISH ( policeman, T 98). I went with King, and found Beasley on the third-floor—next morning I found a quantity of lead in some houses cose to where I took him. JAMES CORRET re-examined. I got a light, saw Beazley, and asked him if he would comedown—he made no reply—I told him if he did not 1 would come and fetch him down, and I went up and collared him—he struck me two on three times, had a blow in the ear; he knocked my light out—the coastable came and assisted me—I saw Head directly after lying in the gutter. JOHN SALMON . I am the manager of these buildings. John Simpson and other are the trustees of the Union Building Company. Cross-examined by MR. SLEIGH . Q. Have you got the trust-deed of the Company? A. I have—the bouse is in the parish of St. Mary Abbotts Kensington—I had been to the houses about a month before. BEAZLEY — GUILTY . Aged 23. HEAD - GUILTY . Aged 18. Confined Six Months . 308. THOMAS WHITE , GEORGE KIMBLEY , and ELIZABETH WHITE , stealing 92 feet of plate-glass, and 3 boxes, value 15 l . 3 s .; the goods of Barnett Moss , in his dwelling-house; to which KIMBLEY pleaded GUILTY . Aged 22.— Transported for Ten Years . MR. PARRY conducted the Prosecution. WILLIAM COLLINS . I am foreman to Barnett Moss, a glassman, of Leman-street, in the parish of St. Mary, Whitechapel. On 1st Dec. we had twenty boxes of plate-glass deposited there—the policeman called on Saturday morning, 9th Dee., and I missed three of the boxes; this is one of them, nearly entire—the plates in this were eighteen by fourteen inches—they were intended for silvering—the value of one of them, with its contents, was about 5 l .—here is one square of plate-glass entire—there were twelve plates of this size in one box—the plates in the others-were smaller—this one unsilvered is worth 6 s . 11 d .—they are bought by the inch—here is the mark of the size of the plates on the bottom of this box—there is no mark of mine on it—here is one marked "24, 16 12;" that is twenty-four plates, each sixteen by twelve—these are precisely the sizes that are missing—the remaining boxes arc marked in the same way, with the company's mark. THOMAS KELLY ( police-sergeant, H 2). On Friday, 8th Dec, I and Giffbrd followed four men into Petticoat-lane—we could not get near enough to see who they were—we lost sight of them all at once in Petticoat-lane—we concealed ourselves in a house opposite to 8, Flower-and-Dean-street—we watched, and saw Thomas White, Kimbley, and two other men, go into No. 8—Gifford went off to get more assistance—before he returned Kimbley came out of No. 8, with a number of squares of glass under his arm—when he got about thirty yards I took him—we had a struggle, and some of the glass was broken. ROBERT GIFFORD ( policeman, H 89). I was with Kelly, and saw White and Kimbley go into the house, and two other men—I went to get assistance—when I returned Kelly had hold of Kimbley—they were struggling—I went to Kelly's assistance—I then went with another officer into the passage of the house we had been watching—I saw White in the passage, coining towards me, with some squares of glass under his arm—I afterwards found there were three—he saw me—he retreated back a few steps, and was in the act of putting the glass down, when I collared him—he struggled very hard to get away—with the assistance of another officer I dragged him out of the house—I left him outside, in charge—White was taken five or six minutes after he went in—the other two men escaped, the place is like a rabbit-warren—I immediately returned to the house, and found Elizabeth White at the foot of the stairs, in custody of another officer—I went into the first-floor front room, occupied by Elizabeth White—I have seen her go in and out there—I have known her some time—I found a letter there addressed to Elizabeth Earl—the landlady said it was her room—I found on the bed four squares of plate-glass, and in the room this part of a broken box, and in the cupboard this apron-full of wood broken up, and this other quantity of broken pieces of wood—I picked out the pieces with marks on them—if a box or two of this description had been broken up, they would have had just this appearance—I found two other women in the bilk room; they were taken to the stition, as I found a small portion of the pieces of wood in their room—I went with them—they were locked up in the same cell with Elizabeth White—she said to them, "Don't cry; you will be turned up to-morrow; I would not have given it to you if 1 had thought it would have brought you into trouble; but mind, to-morrow we all know nothing"—one of the women said, "You ought not to have given it to us"—White said, "This is the b----y job that Long Turn was speaking about when he was having his tea." Thomas White. You said that I had no glass in my possesssion, and now you say I had; you could not tell in the dark passage. Witness . There is a milk-shop opposite, and from the light from there I saw you coming out with it in your hand. Elizabeth White. Q. Can you prove that it was me that said those words? A. Yes, because the other women were crying very much—I knew you before, and knew your voice. Kimbley . This man is innocent; I am GUILTY .; there were three more persons, but these persons have nothing to do with it. FREDFRICK RUSEELS ( City-policeman , 69). I know the prisoner, Thomas White, by the name of Long Tom —the people about Bishopsgate call him so—I never knew him by any other name—I have known him these two years—they generally know people by a nickname about Petticoat-lane and Widegate-street—not one in twenty go by the right name. Elizabeth White. It is my room; these men had no business bringing the things there: it was all chopped up when I came home. GEORGE KIMBLEY , the prisoner, sworn and examined by Thomas White. Q. Was I one of the men who was with you in Petticoat-lane? A. No—I went to the London Docks in the morning—there were three men there waiting to get work—we waited till five o'clock, and came home—these men saw the boxes in the passage and brought them away—they took them to this young woman's room and broke them up—they gave me some glass to carry—I had too much, and I laid some in the passage, and when I came out they took me—White was not with me—the other men made their escape out of the window—White was in the shop till he left to go to tea, between five and six—he had a jacket to make—it was yesterday fortnight. Thomas white. I had not the glass in my possession; I was going to tell a young woman I was to stop up all night, because this jacket was to be done by lour o'clock; I never saw Elizabeth "White before. CHARLES MACKINTOSH . I am a tailor, of Crooked-lane—I have been in manager to Cook and Co. for thirteen years—I know White well—he served has-time in Crooked-lane—yesterday fortnight he worked till four or five o'clock in the afternoon, and left his work unfinished—I do not think he came to work on the Friday—I did not know ho was in trouble till last Saturday. FRIDERICK RUSSLL ( City-policeman , 69). I produce a certificate of Kimbly's conviction—( read—Convicted May. , 1847, and confined twelve months. Kimbley . It is false. Witness . He is the man—he was tried in the name of William Martin—I was present. THOMAS KELLY re-examined. I know he was convicted, and had twelve months, and on the very day he came out of prison, a person came and told me to take him for stealing a coat—I was present when he was committed for trial, but was not at his trial. THOMAS WHITE — GUILTY . Aged 22.— Confined One Year . ELIZABETH WHITE — NOT GUILTY . 309. FREDERICK BUTTERFIELD and SAMUEL CLARK , stealing 7 sovereigns, the money of George Selute Howard , in his dwelling-house:—2nd COUNT , of Thomas Dare , and others. THOMAS DARE . I live at 27, Praed-street, Paddington. This money was taken from the Fountain Abbey public-house—I do not live there—Mr. George something Howard is the landlord—I am secretary of a society held there, called the "Friendly Potters"—the rules are not enrolled—the money belonging to the society is kept in a box, which is in the landlord's care—the prisoners were stewards of the society—each of them had a key of the money-box, and I also had a key—there are three locks to the box—the landlord had no key—I left my key with the barmaid—I went into the room where the box was on the 4th Dec.—I found the box on the table—one key was in the lock, and another key was on the top of the box—one of those keys was mine, and the other was Butterfield's—it required the three keys to be used to get the box open—when I had been in the room about ten minutes, a boy came, and produced a small parcel, sealed up, containing Clark's key, and some papers belonging to the club-business, a member of the club came in, and 1 opened the box in his presence—I found in it 18 s . 2 d .—the last time I had seen it was a month before—there were then ten sovereigns in it—I know what money had been duly expended in the meantime—the prisoners were given in charge by a member of ours for taking this money—they did not deny taking it, but they both said they had a right to it—they have been for some years members of the society—their business was to collect and pay the sick-money—the receipts which were brought to me spoke of 3 l . having been paid away—the prisoners claimed to keep the other 7 l ., because they thought there was some dispute in the club, and they did not like different matters, and they would help themselves—fresh stewards have been appointed. Cross-examined by MR. PARRY . Q. There is a benefit society and a loan society? A. Yes; I am secretary of the benefit society—the prisoners and my self were the only persons who had the keys of this box—the prisoners had paid 3 l . for sick-money—I did not give the prisoners into custody—Mr. Wildman did—I went to the station-house with them—I did not want to have anything to do with it, but if I had not come forward I should have been blamed by the society—these men have been about ten years subscribers to this society—one of them has never received anything from it—Clark has received some pounds—they pay 2 s . a month—the surplus funds oi the benefit club are used by way of loan—there have been complaints that the money of the club has been lent on bad security, or on no security—I have nothing to do with the loan society, I do not pretend to know anything about it—the prisoners said, "We will give the money up, if the Magistrate orders it"—the Magistrate did not order them to give it up—I have borrowed of this fund many times—I now owe 3 l . or 4 l .—I have not introduced my friends to it—I do not know whether there have been many defaulters—the prisoners said they took this money to protect themselves and their fellow-members. NOT GUILTY . 310. EDWARD CHURCHMAN , stealing 4 handkerchief, 22 yards of calico, 9 yards of flannel, value 28 s .; the goods of Joseph Allpress , his master; to which he pleaded GUILTY .— Confined Six Months . 311. RICHARD LEONARD , stealing 27 potatoes, value 3 d .; the goods of William Dennis , his master. WILLIAM DENNIS . I am a florist, of King's-road Chelsea—the prisoner was in my employment as a gardener—I missed some seed potatoes, called "The Regent," from a cellar under a green-house—those produced are of the same sort; I cannot swear to them—they were always locked up—I never gave the prisoner, or any one else, permission to take any. JOSEPH HANSON ( policeman V 133). In consequence of information from Dennis, I concealed myself under the green-house, and saw the prisoner come through a hole out of the green-house into the cellar, and fill his pockets with potatoes—I followed, and told him I was a policeman, and should take him for stealing potatoes—he said, "I have only got a few for my dinner, I do not consider I have stolen them"—I found twenty-seven in his pocket, at the station. Prisoner. I had nothing to eat all day; I picked out some good ones and was going to roast them under the furnace, where the men often do so; I only had 9 s . a week GUILTY . Aged 38.— Confined Three Months . There were two other indictments against the prisoner. 312. JAMES GLYNN , stealing 4 stone bottles and 1 hamper, value 5 s .; the goods of Henry Samuel Fearon and others. EDWARD COTT ( City policeman , 285). On the evening of 4th Dec. I was in Plough-court, Holborn, near Field-lane—I saw the prisoner and another man carrying a hamper—they came to the end of the court, saw me, dropped it, and ran away—the prisoner ran towards Field-lane—I knew him before—I am sure he is the man—I took care of the hamper. Cross-examined by MR. PAYNE . Q. The bottles were empty? A. Yes—I went after the man who is not here—the court has no thoroughfare, ex cept through the back-doors of the houses in Field-lane, which open into it. CHARLES HOLT . I am in the service of Henry Samuel Fearon—he has two partners—I saw this hamper safe, about half-past four o'clock, and missed it between five and six. Cross-examined. Q. Where was it? A. In an open passage, which has an iron gite to it, that was not locked—Hairy Samuel Fearon is the name under which the trade is carried on—the firm is Paul John Fearon, his brother, and mother. HORATIO ANDERSON ( policeman, G 12). I took the prisoner in a public-house in Goswell-street'—I told him whatior—he said he was not the man—he afterwards said, "Oh, what a bid '"—I had heard it was a man named Glynn—I did not have a description of him. NOT GUILTY . 313. WILLIAM GASKINS , stealing a boat, value 6 l .; the goods of Sir Charles Hulse, Bart . WILLIAM CLAPHAM . I am game-keeper to Sir Charles Hulse, of Dagen ham Reach, Essex. On Saturday morning 14th Oct., about ten o'clock, I missed a boat of Sir Charles' from the Reach-shore—I had seen it safe about ten the morning before—I have not seen it since—I knew the prisone r—he formerly lived with Lady Page Turner, at Dagenham Reach—he left her about two years ago—I never saw him after that, till he was in custody—I never gave him any authority to use the boat, and never lent it to him or to any one. JANE CLAPHAM . I am wife of last witness. I know the prisoner by sight—on Friday morning;, 14th Oct., I saw him take the boat away—I ordered him not to move it from the shore, but he took it, and never brought it back. Prisoner. Q. Did not I borrow the boat of you, and some oars? A. No, I did not lend you a pewter pot to bale the water out—you did not say you wanted the boat to find your own boat, which was gone from the shore. WILLIAM SHONK . I live at South-end, Hornchurch, near Dagenham. On 13th or 14th Oct. last, I was at the wall where the boat was taken from, and saw the prisoner coming along on the wall—he came up to me—I said, "Halloo! young man, what are you after here? I thought you were on board of a barge"—" So I am, "he said, "but my barge is higher up; I am after this boat; lend me a hand to shove it on;"'—I did so; I said, "Have you got any sculls V —he said, "I am going to have a pair out of that house"—I then left him. Prisoner. Q. Did you not see Mrs. Clapham give me the sculls? A. No. Prisoner's Defence. I borrowed the boat to look after my own boat; I rowed about for two days, looking for it; I left this boat at Limehouse, and in the evening, when I went to take her home, she was gone. GUILTY . Aged 19.— Confined Four Months . (There was another indictment against the prisoner.) Before Mr. Common Serjeant. 314. GEORGE WORSLEY , feloniously killing and slaying Mary Worsley . MR. ROBINSON conducted the Prosecution. ELIZABETH WILLIS . I live at Stratford, near the prisoner and his mother. On Monday, 16th Dec, I saw them at the house, he was in a passion with her, and said, "You old b----r, I will kill you;" he took her up in his arms, and threw her down on the door-sill, which is rather higher than the stone steps—she said, "Oh Sail! Sail ! pick me up!"—she was picked up, and walked into her own house, and the prisoner also—he took her up and threw her down again on the floor, using the same expression—she groaned very heavily—she had done nothing to him that I knew—I did not see her again till Wednesday, she was then dead. ELIZA WRIGHT . I lived three doors off the prisoner and deceased. On Monday evening I heard him quarrelling with his mother in Walpole's house—he was ill-usins; her, and knocked her down on the step—she said, " Sail ! Sall ! pick me up!"—she went into her own house, he followed, and dashed her down again with violence, using violent language—she was taken into Burling's—the prisoner said to him, "Take the old b----r away and keep her." ANN HARRIETT M'LEOD . I am the prisoner's niece—my grandmother was eighty-five years old—her name was Mary Worslev—she and the pri oner were sitting very comfortably together on this evening—he began swearing it her—I kit it a little after six o'clock, to go to Stratford—when I came back she was at Mr. Burling's—she came back to her own house next day—she went to bed that night—I slept in the same bed—about seven in the morning I got up, to get her breakfast, took it up to her, and found she was dead. ANN DALBY My husband is a carpenter—we Jived next door to the de ceascd—the fireplaces join, and you can hear very will if a person speaks loud, loud can almost hear even word—about six o'clock I heard most violent language between the prisoner and his mother, for nearly an hour—he ap peared to be requiring her to do something—I heard his steps distinct;, as he walked the room, and heard him say, "will you do it' what are you looking for?" and he swnoe yet more violently, and said, "Don't aggravate me, or I will knock you down"—he swore in a most violent manner for some time, and then was quiet some time, and then I heard a heavy noise; groans followed. THOMAS BURLING I am the prisoner's brother-in-law. I was called to the house, and found the deceased sitting on the floor with her arm over a chair and table—I asked if she had hurt herself—she said she had hurt her arm—the prisoner was by the fire-place—I asked him when she had hurt herself—he said her arm was hurt—I told the prisoner I should carry her into my house—he said, "Then take her altogether, and keep her"—I took her, and kept her till next night—she slept with my wife. SARAH WALPOLE . I recollect the prisoner coming to the house that night—he said, "Mother, will you comein? '"—she did not offer to come—he pushed her, and she stumbled over a chair, and fell—he did not use the least violence—she went to her own house—the prisoner was very much in liquor—I have been to see him in prison—I have not kept company with him. JAMES THOMAS -Vallance. I am a surgeon, of Stratford, and have known the deceased some years. I had seen her five or six days previous—her health was bad—she had diseased lungs, and general infirmity, being eighty years of age—I did not see her between the Monday and Wednesday, but received the coroner's warrant to makes post mortem examination—her lungs were thoroughly disorganized, but the left fourth rib was fractured, which would be calculated to accelerate her death—I cannot say that it did, because the rib hid not penetrated the chest, and there were other diseases—if she had been thrown down once or twice on the ground, it would be calculated to accelerate death—the fracture was recent; not of five days' standing. Prisoner Defence. I kep ta very good home for my mother; I never ill-used her in my life; if I wanted to get rid of her, I could; I could have put her in the Union; she fell off two chairs a fortnight before. GUILTY . Aged 37.— Transported for Seven Years . 315. JONATHAN HOGGETT , stealing 1 sack, and 4 bushels, of bran, beans, chaff and oats, value 6 s .; the goods of William Adams . JOSHPH MILTON . I am bailiff to William Adams, a market-gardener, of West Ham. On 12th Dec., I sent a wagon from Plaistow to London—there should be no mixture but what was in the nose-bags—an officer gave me information, and I found this sack of mixture where the prisoner had put it; it has on it, it has on it, "W. Adams, West Ham," it is his—the mixture corresponds with his. WILLIAM SMITH ( policeman ). I saw a wagon and four horses at the Coach and Horses, about ten minutes to seven o'clock in the morning—Faulkner the driver, who I cannot find, got out and lowered a sack from it—the prisoner, who is ostler there, took it into the house—I followed him—he put it behind the door—I took him there with it—I told him what it was for—he made ho answer for five minutes, and then said it was given to him, and he did not know what was in it—the nose-bags were full, in the wagon. GUILTY . Aged 43.— Confined One Year . 316. GEORGE GREEN , and MARY RATTY , stealing 1 coat, value 21 s .; the goods of George Streeter . GEORGE STREETER . On the morning of 5th Dec., I had a coat hanging at the right-hand corner of my window, at Stratford—it was safe when I left my house at twelve o'clock, and when I came back about ten at night it was gone—this is it—it is one I bought for sale—it has my ticket on it now. LYDIA M'NAUGHTON . I am in Mr. Streeter's service—about three in the afternoon, on 5th Dec, I saw Ratty—I knew her before—she walked back wards and forwards before our door five or ten minutes—she then came with Green; I did not know him before, but I am sure it was him—Ratty stood at the end of the window for three or four minutes—Green then took this coat down from the door—I ran out and laid hold of his coat and tore it—he dropped this coat, and I took it up—he got away—I told Reardon of it. PATRICK REARDON . I am foreman to "Mr. Streeter—M'Naugbton told me about losing the coat—she pointed out Ratty—I followed her; Green joined her, and they walked together—I gave them in charge. Green. Q. Did I join this female? A. Yes, by the bridge of the Black wall Railway, which may be a quarter of a mile from our shop; I never lost sight of you above two or three minutes till I met a policeman. JOSEPH TICKELL , ( policeman, K 170). On the afternoon of the 5th of Dec., Reardon came to me and pointed out the two prisoners—they were together—I took them into custody—I examined Green's coat—there was a small tear at the back of it. Green's Defence. It is an old coat; it is torn in front, and behind too; I went to the West India Docks, and met with two mariners, who told me there was some work going on at Stratford; I went there, and when I got to Blackwall-bridge, I saw the female; I merely crossed, and spoke to her. Ratty's Defence. I never saw this man before; he crossed, and spoke to me; I walked a few yards, and when the policeman caught him, I was a few yards behind him; I walked right up to him. NOT GUILTY . 317. CHARLES ROBERT GATES , stealing 9ozs. cheese, 4ozs. butter, and—2 eggs, value 9 d .; the goods of James Armitage , his master; to which he pleaded GUILTY . 318. CHARLES ROBERT GATES was again indicted, with ELIZA BETH SMITH , for stealing 2ozs. bacon, value 5 d ., 1 shilling, 3 pence, and 4 hall-pence, the property of James Armitage , the master of Gates; to which GATES pleaded GUILTY ., and received a good character Confined Fourteen Days . JOHN CARPENTER ( policeman, R 84). On 24th Nov., between four and five o'clock, I was on duty in Deptford Broadway with another constable, and saw the prisoner Smith loitering about a linen-draper's shop window which adjoins Mr. Armitage's—after she had been there a considerable time Gates came out, and commenced cleaning the door-plates—Smith went up to him, and they were in conversation some time—she then left, and was loitering about for nearly three-quarters of an hour—she came again, and loitered about the front of the shop, passing up and down, and looking in, and at last, when the shop was clear, she went in—I immediately went to the window, and there saw Gates supply her with some rashers of bacon—she did not pay for them—Gates opened the till and gave her a piece of silver, which I believe to be a shilling, and some coppers—she had not given any money for which that could have been change—she then came out—I saw her go into the shop five different times that evening, but I only saw her get something on the first and last occasion—she cot some cheese the last time, which she did not pay for; I am sure of that—I was within three yards of her—the counter was between us—I saw the till opened distinctly—Smith went into two or three public-houses during the evening, where she got some spirits and water—after she was supplied with the cheese she came back again to the shop—it was then shut up—she walked about a considerable time,. then stooped down and looked through the key-hole, and then walked away for about sixty yards, and then ran towards Deptford Railway station, from where she went up to London by the last train—I followed her in the same train, and when she got out at London-bridge she crossed the road, went through the Borough-market, Bankside, across Blacfriars-road, to Cornwall-road, Lambeth, went into 68, and up into the back bed-room—I followed close after her, and asked if she lived there, and what her name was—she said that was no business of mine—I said, "I am a police-officer, and I wish to know"—(I was in plain clothes)—she again said it was no busi ness of mine, and she should not tell me—I said, "The fact is I have been watching you for some considerable time; I wish to know what you have in your basket"—she said it was no business of mine—I said, "I insist on knowing'—she said, "What I have got there is my own; I bought and paid for them, "and she produced some bacon, butter, cheese, and eggs—I asked where she got them—she said the bacon and butter at the Marsh-gate, and the cheese and eggs in the New-cut—I said, "You did nothing of the sort; the fact is you are charged with stealing these articles from the shop of Mr. Armitage, a cheesemonger, in Broadway, Deptford"—I then asked if she knew a young man living there—she said she did not, and she did not get them from Deptford; she did not know where Deptford was—I said, "Why you have just come from Deptford by the railway"—she said, "You are a Use speaking man: I was never there in my life"—I then took her to Green wich station, went and took Gates, and at the station put them together, and said to Gates, "You are charged with stealing these articles; do you know this woman?"—he said, "I do; I have served her with these things"—she said, "Is is false"—he said it was not; that he had supplied her with goods before. Cross-examined by MR. SLEIGH . Q. Did he not at first say she had paid for the articles? A. He did at first—Smith was quite alone when she went into the shop—I did not see her on either occasion put her hand to her pocket—she kept the money he gave her in her hand—the piece of cheese I found in her bssket exactly corresponds with a piece which I afterwards found in the prosecutor's shop, even to the taster ( producing the two )—I had never seen Smith before—I did not go to London in the same carriage with her—the train stopped once at Spa-road, and I got out there and stood till the train went on again, and then immediately got in again, so that I am sure she did not leave—I was in the adjoining carnage—I swear she is the person I saw at Deptford—she had on the same shawl she has now. JOHN WHITE ( policeman, R 180), I was with Carpenter. I saw the-prisoner go into the shop about five times—I saw her receive articles at the counter on one occasion, but I could not see whether she paid for them or not—she is the woman—I watched her from a quarter-past four till half-past nine. JAMES ARMITAGE . I received information from White, and saw Smith go into my shop—this butter is wrapped in paper similar to what I use, and the cheese matches a piece produced from my shop. (Smith received a good character, but the officer stated that she was in the habit of inducing youths to plunder their employers). SMITH — GUILTY . Aged 58.— Confined Six Months . 319. ELIZA HEWITT and SARAH M'NAMARA , stealing 1 watch, 1 guard, 1 ring, 1 key, 1 waistcoat, and 1 handkerchief, value £4. 10 s .; the goods of Robert Rowe . ROBERT ROWE . I live at East-lane, Greenwich. On Monday evening, 11th Dec., I was with Hewitt at a public-house in Woolwich—we left there, and she went to get me a lodging—we were not to lodge together—we went to a private house—I had been drinking—I undressed, and went to bed while both prisoners were in the room—neither of them came to bed—after I was in bed, M'Namara took a ring off my finger—it broke, and made my finger bleed—they both went away—I sung out I was robbed, got out of bed, and missed my waistcoat, which was on the bed, with a silver watch, guard and seal in the pocket—I afterwards saw it in the policeman's possession—I did not dress myself—I have seen the ring in the policeman's hands. M'Namara . He sent me to get some gin on the waistcoat; I said I could not get any money on that, and he took the ring off his finger, and sent me with that. Witness . It is false. ELIZABETH PRICE . I lodge at this house, and know the prisoners. On this evening they went up to bed with Rowe—he then had a watch in his waist coat pocket, and a ring on his finger—he afterwards called out he was robbed—I went up, and his finger was bleeding—I gave information, and M'Namara was taken; she had the ring and waistcoat, and Hewitt the watch and hand kerchief. M'Namara. Q. You were not in the house at all that evening? A. I was—I heard them send for a quartern of gin, which Rowe gave the money for—I heard no subsequent order given for gin—I was in the house when they wont in—I then went out, and was away about ten minutes—the prisoners were never there before—it is a private house. JOHN WALKER . I took M'Namara into custody, about eleven o'clock on the night of the 11th, about 300 yards from the house—I said, "You are in charge for stealing a waistcoat and ring"—she said, "I have got neither waistcoat or ring"—Price said she had got it—I pulled open her apron, and she dropped this ring and waistcoat—( produced ). HENRY WADLOW I took Hewitt in custody about half-a-mile off, at half-past twelve o'clock—I saw the guard round her neck—I said, I had come to take her for stealing a watch—on the way to the station she said, she in tended to give it hack again—tins is it— 'produced )—she gave up this hand kerchief at the station, before she was searched. Hewitt. I said the watch did not belong to me; I was going to give it to his daughter, as—he was in a bad house, and could not take care of himself. Witness . She said she intended to give it back to him—he has a daughter living in the town—I do not think he is known there. ROBERT ROWE re-examined. I did not know the prisoners before—I have a daughter who keeps a cook's-shop. Hewitt's Defence. He met me, and asked me if I was not from Devon shire; he was so happy to see some one from Devonshire; and I said I had some things of his daughter's. M'Namara's Defence. I lent him 4 d . on the waistcoat. HEWITT — NOT GUILTY . M'NAMARA — GUILTY .— Confined Six Months . 320. THOMAS GROVEXOR , stealing 10 feet of wood, value 4 s .; the goods of James Heiguington and another, in a barge on the Thames . ROBERT LUKE OLIVER ( Thames-policeman , 31.) On 8th Dec, between seven and eight o'clock in the morning, I saw the prisoner come in a boat with two staves in it, from the John and Sarah barge, lying off Deptford, along side the ship Wallace —I heard sounds as if there were two bits of wood going into an empty barge—I got into a boat, got alongside the prisoner's boat, and saw another boat rowing away—I went after that, but lost sight of it—it was dark—I returned to the prisoner and told him what I had seen—he denied it—I took him and the staves to the station—these are them—( produced )—I went to the John and Sarak , and found it loaded with similar staves—there was only one barge of staves in Deptford. THOMAS CARTWRIGHT . I am a master rigger, at Noah-road, Rotherhithe. I was employed to discharge a cargo of staves into the John and Sarah , which is Mr. Heighmgton's property—by the tally in the river there were 2, 220, and when in the Commercial Docks there were only 2, 173, making 47 de ficient. JARVIS TAYLOR . I am foreman to Mr. James Ileighington; he has one partner. The John and Sarah is their property—the goods on board are in their care. Prisoner's Defence. They were not in my boat; the policeman put them into the barge himself. GUILTY . Aged 33.— Confined One Month . 321. CATHERINE BUCKLEY , stealing 2 rings, 7 spoons, 2 shifts, 7 handkerchiefs, and other articles, value 9 l . 12 s . 6 d .; the property of John Cookrane , her master, from his dwelling-house. GEORGE SHLRRINOTON ( policeman, R 167.) About fhe o'clock on the morning oi the 15th Dec. I was on duty in Thomas-street, Woolwich, and saw the prisoner with a large bundle on her shoulder—I stopped her, and asked her what it was—shi said she was going to the booking-office, to send in to her mistress, who was in London on a visit—I asked her who packed it —she said her mistress's brother—I said she must go with me to her mis tress—she said her mistress was Miss Dickson, of Nightingale Vale—I took her there—a young woman, who was undressed, opened the door, I therefore did not go in—the prisoner popped in behind the door, and I heard her say, "Tell the policeman you are my fellow-servant, and it will be all right"—I found the prosecutor lived next door, and I took her there—she was searched by her mistress—I opened the bundle, and found it contained a quantity of linen and wearing-apparel. CATHERINE RACHEL COCKRANE . I am the wife of John Cockrane, of Nightingale Vale—the prisoner lived with me seven weeks—when she was brought by the policeman I searched her, and found she had on a pair of my stays—she gave me five silver teaspoons, two rings, and a brush, rolled up in a handkerchief, and said they were mine—the things in the bundle are all my husband's—I had a good character with her. JOHN COCKRANE . The prisoner was my servant, and was going to leave the following week—the things in the bundle are all mine, and worth about 10 l . GUILTY . Aged 24.— Confined Twelve Months . 322. HENRY COOK , feloniously setting fire to a certain shed, belonging to John Cook , with intent to injure him; to which he pleaded GUILTY . Aged 26.— Transported for Seven Years . Before Mr. Common Serjeant. 323. EDWARD BRYAN , stealing 1 half-crown; the moneys of Ann Mary Axtell . MR. BALLANTINE conducted the Prosecution. JAMES ROBERT AXTELL . I am the son of Ann Mary Astell, a widow, who keeps a boot and shoe-warehouse in High-street, "Woolwich. About six weeks ago I was cleaning the warehouse, and found a bag concealed on a beam, con taining 2 l . in silver, and a half-sovereign—I had seen the bag in the prisoner's possession—on 25th Nov. I marked six half-crowns and 10 s .—soon afterwards I missed a half-crown—I searched the stable, where the prisoner used to look. after a horse, and found a piece of rag hid under a brick in the chimney, con taining 5 l . in silver, and the half-crown among it—I gave him in charge, and accused him of robbing us—he said he had not. JOSIAH MARSH . I am Mrs. Axtell's shopman. On 25th Nov. I was in the shop with the prisoner, and heard money rattle—he was near the cash-drawer, which was out to the full length—he crossed the shop, and took up some boot-trees—in about two hours I saw him again under the counter, and heard money rattle—he said he went there to get a tree. Prisoner. The trees are very apt to hit against the till and make a noise. Witness . He had told me before that he should soon cut it , and five months before he said he should leave. GEORGE SUTTON ( policeman, R 49). I took the prisoner, and found on him 24 s . 10 1/2 d .—I asked him if he had been in the stable—he denied it, but afterwards said he had, after the pony—I took him there, and found the money laid in a hole with some hay over it and then a brick—he said he had received it for dung, bones, and other things—this marked half-crown was among it. Prisoner's Defence. I generally had 6 s . or 7 s . given me at Christmas, and I laid it all by. GUILTY . Aged 17.— Confined One Year . 324. WILLIAM BROWN , WILLIAM COLE , and EDWARD GOWER , stealing 1 purse, value 6 d ., and 5 sixpences; the property of Henry Crawford , from the person of Ann Mary Crawford ; to which BROWN pleaded GUILTY . Aged 13.— Confined Three Months . JOHN CARPENTER ( policeman, R 84). I was with two other officers on 18th Oct., and saw the prisoners at Charlton fair—I watched them twenty minutes or half an hour, and saw them go behind several ladies—Brown was pushed in between the other two, and attempted to pick their pockets—Gower was by Brown's side, and Cole behind him, so as to cover him—I saw them go to Mrs. Crawford in the same manner—Brown lifted up her dress with his left hand, and I saw him put his right into his own pocket with the purse in it—my brother-officer took him, and the purse was identified by the lady. Cross—examined by MR. HORRY . Q. Was it as much as a quarter of an hour that you watched them? A. Rather more—Gower watched the motions of Brown the whole time—I never knew Gower before, he was examined three times, let out on bail, and has surrendered this morning—White came up the second time—he was not there the first time—I think there were only a few days between the first and the second remand—it was because we were at the Old Bailey, and could not attend—there was not a remand because there was no evidence against Gower. Cole. Q. What took your attention to me? A. Seeing you putting the bov between you—I saw you all in conversation just outside the fair-field—I'was perhaps two yards from you—I don't know that there was anybody between you and I. JURY . Q. Were the prisoners together when they went outside the fair? A. Yes—the two men were bending down to the boy, and they were in con versation—they went away twenty or thirty yards together, and after that came into the fair together, and tried four or five pockets—I saw them try one pocket before they went out of the fair—they were all of them together—I never saw them separate. COURT . Q. Is Gladwin here? A. No, he is very ill; I have a certificate from the doctor—( Gladwins deposition read —"William Gladwin, on oath, says: 'I am a police-constable of the R division. I was on duty at Charlton fair. I saw the three prisoners together; I watched them nearly half an hour. J saw all three go to the farthest end of the field, talking together; they then returned into the fair, and stood in front of a show. I saw the prisoner Cole take the boy Brown, and place him between the prisoner Gower and himself, by the side of a lady. I saw him repeat the same thing, and afterwards stand by the side of the last witness (Mrs. Crawford). Gower stood a little in front of her, and Cole put the boy Brown between Gower and himself. I saw the boy put his hand into the pocket of the last witness, and take out a purse; he then showed it to the prisoner Cole, who turned his head, and seeing me look at him he gave the boy a nudge, and the boy put the purse into his pocket. I then caught hold of the two arms of the boy, and took the pri soner Cole, when White, the constable, came to my assistance. I searched the boy, and found on him the purse produced, which contained five sixpenny-pieces.' ") ANN MARV CRAWFORD . I am the wife of Henry Crawford. I was at Charlton fair on 18th Oct.—I had a purse in my pocket, containing five sixpences—I missed it when the officer told me of it—this is it. Cole's Defence. I never saw Gower in my life; I went to the fair with Allen and another man, and was apprehended; on the road to the station I heard one of them telling the bov to say he was with him: I told the Magistrate; he directed an acquittal, only the policeman said he could bring a respectable person to say he saw us together in the fair. GEORGE ALLEN . I agreed to go to Charlton with Cole on 18th Oct.—he said he was going to get a job to do—he was doing nothing; he was idle for the day—I overtook him going to the fair with a man named Wilson—we went into a booth, and had some bread, cheese, and beer—Cole went out for about ten minutes—I sent Wilson to look after him—he came in, and said he had been taken by two policemen in disguise—I live at 2, Vine-yard, Lant-street, Borough—I am a printer, but am not in work. JOHN WHITE ( policeman, R 180). I saw the prisoners together about a quarter of an hour—I saw Brown try several pockets, and the other prisoners were covering him—I am quite sure they were all three together. Cross-examined. Q. You saw Brown standing between the other two pri soners? A. I do not think I saw that—he was in front, and the other two behind him. Cole. Q. Did not you tell the Magistrate you had left us five minutes before we were apprehended? A. No—( the witness's deposition being read, did not state so .) (Lewis Phillips and Jane Gower gave Gower a good character. Ann Kent gave Cole a good character.) COLE — GUILTY . † Aged 33. — Transported for Ten Years . GOWER — GUILTY . Aged 40.— Recommended to mercy by the Jury.— Confined Nine Months . 326. JOHN HENRY ALLEN , stealing a tobacco-pipe, value 2 l .; the goods of Victor Arthur Wellington Drummond , (Mr. Parnell offered no evidence. ) NOT GUILTY . 327. JOHN WILLIAMS and WILLIAM SIMMONS , stealing 1 looking-glass and stand, value 1 l . 15 s .; the goods of John M'Leland . JOHN M'LELAND . I live at Deptford. On 6th Dec. I had this looking-glass—I received information, and ran out—I overtook Simmons with it—he said a man who was running on before him had given it him to carry—I believe the man who was running before him was Williams. MARY MILLER . I live opposite Mr. M'Leland's—I was looking out of the window, and saw a tall man come out of Mr. M'Leland's shop with the looking-glass—I ran down, and told Mr. M'Leland—I had seen Simmons standing by the side of the door—the tall man was dressed like Williams. SAMUEL NICHOLLS . I ran that day, and saw this glass with Simmons—he said the man in front gave it him to carry—when the man in front saw that I had got the glass he ran away—it was a tall man, like Williams—he ran into a bouse—I asked a young woman if he were there—she said, "No," he was gone by—I took a policeman, and found Williams in the cellar of the house. (Williams received a good character.) WILLIAMS — GUILTY . Aged 22. SIMMONS — GUILTY . Aged 18. Confined Three Months . 328. JAMES FRENCH , stealing 8lbs. weight of pork, value 4 s . 6 d .; the goods of Charles Staite . CHARLES STAITE . I live at Greenwich. This pork was mine, and I lost it. CHARLES THOMAS WALKER . About eleven o'clock on Saturday night, 9th Dec., I saw the prisoner go and take the pork—he put it under his arm, and ran with it towards Mr. Knox's. Cross-examined by MR. HORRY . Q. How far were you from him? A. About two yards and a half—I was crossing the road near the Park—he took the pork, and ran towards Mr. Knox's, the Sun, which is about a hundred wards oil'—I could see Ins face; he was running sideways—I watched him run to the corner, and 1 went and told Mr. Staite, and he went in search of the prisoner. GUILTY ., Aged 20.— Confined Three Months. Before Mr. Recorder. 329. GEORGE SMITH , obtaining, by false pretences, 1 tea kettle and 1 set of fire irons of William Martin Creed ; to which he pleaded GUILTY . Aged—39.— Confined Nine Months . 330. SAMUEL SMITH MICKLEBURGH . embezzling the sums of 2 l . 8 s .—2 l . 2 s ., and 1 l . 8 s .; the moneys of William Henry Fleming , his master. MESSRS. CLARRSON and BALLANTINE conducted the Prosecution. WILIIAM HENRY FLEMING . I am a brewer, of Camberwell-green. The prisoner was my clerk, and had been so several years—it was his duty to receive money paid at the counting-house from the draymen, who might collect it in the course of their rounds, and from customers who called to pay—it was his duty to keep a day-book, cash-book, and ledger—when goods went out it was hisduty to enter them in the day-book, and also to enter in the day-book and cash-book all moneys received—it was his duty to enter money in the day-book as soon as it was paid, and in the course of the day to enter all he had received in the cash-book—I used to look at both books, and it was from them that I received information of the receipts—I balanced the day-book every week, and ascertained whether the cash-book corresponded with it, and if I did I put my initials to them, as correct—it was his duty to keep the ledger—that was posted from the day-book—both goods and money would appear there—if carried from the day-book into the ledger, it would be carried to the different customers' accounts—sometimes I examined the ledger and the day-book, but at other times the prisoner and the boy in the office did—I did not examine the ledger so frequently as the day-book—if goods appeared in the ledger which were not paid, I should send to the customer at the usual time for the amount—I send in the bills every three months—they were made out on the accounts appearing due in the ledger—the prisoner left on 3rd Oct.—before that I bad balanced the cash-book with him—he did not mention any sums of money but those that appeared there—after he left I looked at all the books, and made extracts from the ledger—this is a list made from a longer list, which I made firs:—( produced )—one list has been destroyed, and two preserved—the one from which this was made is destroyed—I showed this one to the prisoner, and also the others—I sent for him on 27th Oct., after I had examined the books—I then showed him this list—the day-book, the ledger, and cash-book were before me—I called his attention to these sums of 2 l . 8 s . on 8th March, 2 l . 2 s . on 22nd March, and 28 s . on 1st June—none of those items appeared in the cash or day-book—they appear by the ledger to have been paid—I pointed those out to him, with other sums—he appeired confused, and said he could not make out how it was that the sums were posted in the ledger, not being in the day-book, there must be some mistake—I asked if the cash in the cash-book agreed with the day-book always—he said it did—he looked through the cash and day-books, and I told him he had robbed me of the money, and that it was a serious charge—my brother, who is an attorney, was present—he told the prisoner he did not wish him to commit himself there, that if he would appoint his solicitor to meet him with me next morning at half-past nine o'clock, we would open the books to his inspection—he left shortly after writing a note to his solicitor—he commenced writing it on the back of an old letter—I handed him some note-paper, envelopes, and sealing-wax—he then wrote a note, sealed it, and took it away with him—about four o'clock, before I left, I locked up the books—the whole of them had been examined in the prisoner's presence—they were in the iron safe, close to the counting-house door—I received information in the course of the night, went to my premises about one in the morning, and found them in flames—the brewery and dwelling-house are entirely destroyed, and the premises adjoining the counting-house where the books were kept—one story below was saved, and the stables—in searching the premises 1 found some books, partly burnt, and some not burnt at all—two ledgers and part of a day-book are here—this is the ledger of 1848—( produced )—it was perfect when I left it, on 27th—it is now partially destroyed by fire—the cash-book, in which these three accounts were, is totally destroyed—from March up to June inclusive are destroyed—I find no entry in the ledger of Bagsbaw's account, on 4th March—there is 2 l . 8 s . to Bagshaw's credit, on 8th March, as received, in the prisoner's writing—here is George Dollond's account, 22nd March, credit for 1 l . 2 s . in the prisoner's writing—there is no entry on 16th March—on 1st June credit is given to Baron's account for 1 l . So. in the prisoner's writing—I had pointed out to the prisoner that those three sums did not appear in the cash or day-book, and requested him to look in advance and back, and see if they were entered in any other date, but he could find no entry—on 1st June Mr. Baron's servant ought to have brought the book down—this is it—( produced )—it is receipted by the prisoner when the money was paid—here is, "By cash, S. Mickleburgh, 1 l . 8 s ."—here is George Dollond's bill, "By cash, S. Mickleburgh, 16th March, 1848, 2 l . 2 s ."—here is Mr. Bagshaw's bill, "Received for Fleming and Co., 4th March, 1848, 2 l . 2 s ."—all in the prisoner's writing. Cross-examined by MR. HUDDLESTON . Q. How long was the prisoner in your service? A. Upwards of eight years—I had given him notice to leave before Midsummer, but he remained until Oct.—he had not obtained another situation, and I consented to his remaining—I did not ask him to stay—a disagreement between us took place on 2nd Oct.—I had been to Croydon that day, and when I returned Lewis, an exciseman, Was on my premises—I am not aware that he said he came for an Act of Parliament—I thought he had no business there—I did not swear at the prisoner that I am aware of—I do not remember that I told him to keep his friends off my premises, or anything of that sort—he did not say, "I am here working for you from seven in the morning till nine at night, and if any person wants me, they must come here to see me," as an excuse for his friends calling on him—he said he was in the counting-house from seven o'clock in the morning till seven at night, and thought it was long enough for any clerk who received his salary—Mr. Lewis was in the passage leading to my counting-house—I had previously given the boy instructions, that if Lewis came to the counting-house so frequently, to order him away—he was in the habit of coming there frequently for beer—Lewis had heard this from the boy, and said, "I want to speak to you, sir"—I said, "What is it?"—he said, "I understand you told the boy 1 was not to come here for beer"—I said, "Certainly, I don't see what right you have here"—he said he thought he had a right to beer, for he had given instruc tions to Mr. Miekleburgh in gauging, and he was one of the best gaugers in the kingdom, and worth 700 l . a year—I then said, "You have been teaching Mickleburgh gauging in my time!" and Mickleburu'h answered, "It was not in your time, it was after your time, that is, from seven in the morning till seven at night, and that is enough for my salary"—I ordered Lewis off the premises, and I said to the prisoner, "If your services are worth 700 l . a year in gauging, you had better go and get it; I will not be bullied in my own counting-house"—I told him next morning he should come and make up his accounts, and settle his cash-book, and we would part—I did not ask for the key and the cash that night—I swear I did not say, "D----you, if I find one shilling wrong in your accounts I will transport you"—he did not collar me—he never attempted such a thing—I cannot swear whether Mr. Dance was there, Mr. Standon was—he is the son of a publican—no one came in and separated us—we never came together or quarrelled in that way—he never attempted to make any quarrel about the matter—I do not know that I used an oath, or any expression of the sort, I deny that he attempted to make any difficulty about the matter, I told him to make up his books, and he never appeared violent to me at all, nor I to him: I merely stated what I have said, and he received it as a servant should—I do not remember saying to him, "If you want your pals , wait till your time is over"—the prisoner called next day on me, made up his cash-book, and paid over the balance—I paid him his wages every month: 26 l .—there was a quarter owing—I did not give him a quarter in advance—he was hired at monthly wages—there was a regular agreement to that effect, but it was destroyed by the fire—we examined the day and cash-books together, and made them balance—he told me, before leaving, that if there was any incorrectness in the accounts he would come and explain them—it was on Tuesday, the 3rd Oct., that he made up the cash-book with me, and paid me over the balance—he helped Dance to pay the men on the following day—I met him on 25th Oct.—he did not ask me to be allowed to go through the accounts—he did not say anything about the accounts—he asked me to give him a character, to obtain a situation at Messrs. Combe, Delafield, and Co-'s—I had then discovered several of the accounts that he had embezzled, and I avoided a direct answer, and said I would consider of it—I had gone through the accounts with Mr. Dance, and I showed some of them to my father—I had not gone through the whole; we only took the ledger from the day the prisoner left me backwards to 1st Jan., 1848—we there discovered 86 l . odd deficient in the prisoner's writing—on 25th Oct. the pri soner offered to come to the premises and take out the book-debts—(after the bills are delivered to the customers, it was our habit to enter the whole amount of them in a book, to assist in the collection of them—that is what we call taking out the book-debts, taking out the amount due on the ledger into another book)—I thanked him, and said if I wanted him I would send for him. Q. On 26th Oct. did you go to his brewery? A. I went to Mr. Turney's brewery, in Addington-square, Camberwell, to see the prisoner—I did not know that the prisoner was brewing there—I was not aware that he was managing that brewery—I know Mr. Turney—I went to ask the prisoner to come to the counting-house on the next day—I had been to his house to inquire for him, and his wife said he was at Mr. Turney's—I think I sent a clerk to ask for him—the answer was not that he was at his own brewery, in Addington-square—I saw Mr. Turney at the brewery—I went in my chaise —I think I shook bands with the prisoner when I got out, I do not know that I did, I will not swear it—I really do not know whether I did or not—Mr. Turncy took me over the brewery, and the prisoner accompanied us—I asked him to come to the counting-house at two o'clock next day, to take out the book-debts, not to go through the accounts—I wanted him for the pur pose of tolling him of those accounts which were irregular—I did not tell him so—I took a glass of ale with Mr. Turney before I left—the prisoner asked me to taste some ale—I did so—I think it was of his brewing—Mr. Tur ney and he were together—I tasted several casks of beer—I think the pri soner said they were his brewing—I said I thought they were very good—I did not tell him one word about the embezzlement I had found out—I should have thought he would not have come, if I had—he came according to appoint ment—my solicitor was there—I had not told the prisoner the day before, that I would have my solicitor there—my brother suggested that the prisoner should come on a future occasion, provided with his own solicitor—one of the dray men's books of 1848 was produced on that occasion—there are two draymen's books relating to this day-book, and two relating to the other—one of those books was produced at this interview—the other the drayman had out—I do not know whether those of the second ledger were out, but they did not refer to this—there has been no indictment preferred against the prisoner for the first item on this paper, "Gale, 7 l . 1 s ., 29 May"—I swear there was no entry of that 7 l . 1 s . in the day-book or in the cash-book—I entered into con versation with the prisoner about it—from that item we went to Crowder's, which was next—I swear I have no entry in any of my books of the 7 l . 1 s ., as paid to myself—I did not direct the prisoner to make an entry of it in the ledger in his own writing—I swear I never directed him to do anything of the sort—there were cross accounts between me and Gale—he is a cork-cutter, and sup plied me—I do not recollect my brother "saying, "What do you propose to do about the errors?" when the prisoner said on referring to his book that there were errors somewhere—I did not see the prisoner endeavouring to extricate the horses at the fire—I saw him there—I do not know that he was wet, or that he was endeavouring to extinguish it, for I gave him in charge as soon as I saw him; I was hunting him out—he did not come up to me with Dance and say, "This is a dreadful affair, Sir, "or anything of the sort—he was taken before the Magistrate next morning—I believe he was not remanded on the charge of arson, but discharged; as there was not sufficient evidence; but as he was leaving the Court, the charge of embezzlement was made, and a remand was granted—part of Mr. Branch, his father-in-law's, premises abut on mine—he did not live there—part of his furniture was on my premises in a little back room of the dwelling-house, at the back of the counting-house, which was burnt down—I was insured—I had four ledgers; two are here relating to the private trade, and two relating to the public-house trade are destroyed—I am able to show from this book what my debts are—I did not apply for a remand on the arson case in order to have an investigation before the Coroner: I think my brother, who managed the case, mentioned it, and the Magistrate thought it would be a very good plan—I know Mr. De Pledge very well; I never told him the brewery was a d----d expensive concern, and I wished it was burnt down—I had four ledgers, three day-books, and a cash-book—I had a private cash-book, ledger, and journal; there were dray man's books besides, and load-books, which the beer was booked into—some times, when the goods were entered in the day-book, the drayman would receive the money and enter it in his book, the name of the drayman would appear in the cash-book—there are four draymen; one is named Moore— when the prisoner comes home, he enters the gross amount received from the draymen in the cash-book., in the draymans name—the dravrmn would bring his book and call out the names, and the prisoner booked it into the day-book; the draymen's books were made out by districts—it might happen that a drayman in one district would receive a sum for another; that would go down in the day book on the day in which he received it—the voucher given by the drayman to the customer is the receipted bill signed by himsell—it may have occurred that a receipt has been signed by the drayman before he went out, but not to my knowledge—when I received money, I never told the prisoner to give a receipt for it—if he gave the receipt, he took the money—I may have taken it from a customer's hand and given it him if he receipted the bill—I never told him to give a receipt, and put the money into my) pocket—I had a customer at Lambeth Workhouse—I have frequently received 172 l ., there, it was always by cheque—I cross the cheque, and generally take a receipt and write it there—I have not asked the prisoner to give a receipt, to my knowledge; I will not swear I have not—I have a lease of "The Fleece" public-house; a friend of the prisoner's, had it, who died: the prisoner had lent him 50 l ., and the widow did not wish to continue the house, I bought it of her—I allowed the prisoner to let the 50 l . remain; I owed it him—I paid him by a cheque on 17th Jan.—he had not an interest in the house—he has made no further claim against me—I do not know that a message was sent to Hunt, to ask whether she had paid the 2 l . 2 s . or not, she is the person who pays for Mr. Dollond—the prisoner did not mention that to me when the lists were produced—I receive from 12, 000 l . to 13000 l . in the year, a large portion of which would pass through the prisoner's hands. MR. BALLANTINE . Q. What amounts have you received from the Lam beth workhouse? A. From 75 l . to 300 l .—they were entered by me in the day-book, and by the prisoner in the cash-book—I handed the cheque over to him on all occasions, having first crossed it—I have paid no money over to him since January, 1848: our plan changed then, and he has only made up his cash-books of the sums he received—they appear in the cash-book, but are not carried out into the margin—he writes on the top, "Mr. Fleming's collection," and I should not charge his account with it—the sums the dray men received were entered in the day-book to the separate customers who paid them—I was insured in the "Kent Fire-office" for 1400 l ., and in the "Phœnix" for 3600 l .—my claim on one, for the part that was burnt, was 2700 l ., and on the other 1300 l .—I have been paid both, but not the whole of the 2700 l .; they charged me for the salvage. COURT . Q. Were appointments made, after the first examination before the Magistrate, with the prisoner to go through the accounts? A. The ac counts were destroyed—there was a meeting with his solicitor at my brothers house, I think—I then had these books—the Magistrate requested that an op portunity might be given to the prisoner to go through the books as far as we could procure them, and we did so—he has not given me any explanation since. CATHERINE HUNT . I am in the service of Mr. George Dollond, of North-terrace, Cimberwell, who deals with Mr. Fleming for beer—on 16th March I paid the prisoner 2 l . 2 s . for beer—he gave me this receipt ( read —"Received or G. Dollond, Esq., for ale, 2 l . 2 s ." Signed—"by cash, S. Mickleburgh, 16th March, 1848." Cross-examined Q. Were you sent for to know whether it was paid or not? A. No—I never was at Mr. Fleming's—there was a mistake me one bill, but Mr. Dolland did ill it rectified, and we had a fresh bill—there was no alteration made Mr. Fleming's books—it was about lour months ago. JANE BAGSHAW . My late husband, John Bagshaw, who died in Oct., used to deal with Mr. Fleming—he sometimes paid the bills himself—I found this—receipt among his papers ( read —" Mr. Bagsliaw to W. H. Fleming and Co., for ale, 2 l . 8 s . Received for Fleming and Co. S. Micklebnrgb. 4th March, 1848.") LEOPOLD DELAHAY . I was formerly in the service of Mr. Baron, a cus tomer of Mr. Fleming's—on 1st June I paid Mr. Mickleburgh 1 l . 8 s . for two and a half casks of table ale, at the counting-house—he gave me this receipt ( read —"By cash, 1 l . 8 s . S. Mickleburgh.) THOMAS BRAND FLEMING . I am the prosecutor's brother—I attended as his professional adviser at the commencement of this business, and it was subsequently handed over to another attorney. Cross-examined. Q. Do you remember the interview which took place between your brother and the prisoner, at which you were present? A. Yes—I suggested that the prisoner should be provided with a solicitor—I do not re collect the prisoner saying, after his attention had been called to some of these items which he could not explain, "there must be an error somewhere, what do you propose to do with the errors?"—it might have been said—after the first examination before the Magistrate, an appointment was made by Mr. Tucker, the prisoner's solicitor, to go into the accounts—that was at my father's house, at Champion-hill—the books were taken there—I went there—it was postponed, at my suggestion, to a subsequent day—it did take place a day or two afterwards. SAMPSON DARKIN CAMPBELL ( police-inspector ). I took the prisoner into custody, at Mr. Fleming's desire, for setting his house on fire—on the way to the station, he said he thought the proceedings of Mr. Fleming savoured rather of vindictiveness; he supposed it arose from a suspicion he entertained of some alleged deficiencies in his accounts. Cross-examined. Q. And he said, I think, that two or three errors had been pointed out to him by Mr. Fleming, but he believed he should satisfy him there were no errors, he had no doubt? A. Yes—I was at the fire—I did not see the prisoner there till he was given into custody—he was then wet—the charge of arson was not gone into at all before the Magistrate—Ann Cooper, and a person who was on the top of an omnibus, were examined, and then the case was dismissed—the prisoner accounted for where he was on the 27th—he was taken in custody in front of the premises. JOHN WILLIAM ROOD , a fellow clerk with the prisoner; Mr. Catchpole, to bacconist; William Spratt, beer-seller; Manning Gathercole, corn-dealer; Mr. Goodwin, a clerk; and James Brown, licensed-victualler, gave the pri soner a good character. GUILTY . Aged 33. Strongly recommended to mercy by the Jury, on account of his previous good character.— Transported for Seven Years . (There were other indictments against the prisoner.) 331. ANN MILLER was indicted for uttering counterfeit coin, after a previous conviction. MESSRS. SCRIVEN and CLERK conducted the Prosecution. CALEB EDWARD POWELL . I am assistant-solicitor to the Mint—I pro duce a copy of the record of the conviction of Ann Miller, in Feb. 1846—I have compared it with the original, in Mr. Clark's office—it is a true copy ( read ). JOHN BAYLLEY WELLS ( policeman, M 54). I was present, in this Court, at the prisoner's trial, in 1846, for uttering counterfeit coin—she is the same person. JANE SELBY . My father keeps the "Farmer's Arms," in the Old Kent-road—on 9th Dec. the prisoner came for half a pint of beer—I served her—she gave me 6 d .; I put it in the till, and gave her 5 d .—there was other money there—the prisoner went away—West came in, in a very few minutes, and spoke to me—I examined the till, found a bad sixpence on the top of the silver, and laid it on the shelf—I had not taken a sixpence after that one—I gave the same to Whitlamb. SOPHIA TIPSON . I am a milliner and haberdasher, of Bermondsey New-road—on the 9th Dec., between nine and ten o'clock in the evening, the pri soner came for a penny piece of tape, and gave me sixpence—I bent it in a detector, and said, "This is a bad sixpence"—she made no answer—I said, "Do you know where you have taken it?"—she said, "No, but I will fetch my husband"—I gave it her, and she was about leaving, when Mr. Rowland came in and took it from her hand—he made a mark on it, and told me to keep her while he went for a constable—he went out, and the prisoner imme diately left. JOHN JAMES ROWLAND . I am a stationer, and live next door to Mrs. Tipson—I went there on 9th Dec.—the prisoner was there with a child in her arms—Mrs. Tipson was in the act of handing something to her—I went up to her, took a sixpence from her hand, and said, "Why, this is a bad sixpence, you have been round this neighbourhood some time"—she said, "No, I have not"—I marked the sixpence with a penknife, kept it in my hand, and requested Mrs. Tipson to detain her, I went away—when I came back she was gone—I ultimately gave the sixpence to West. JOHN JAMES ALLEBRAND . I am barman at the King's Head, Bermondsey-street. On 9th Dec. the prisoner came there between nine and ten, for half-a-pint of beer—she put a sixpence on the counter in payment, and I immediately saw it was bad—I accused her of it, and told her it was the second time, and this game would not do—she began to talk about her children—West came in and took her into custody—I gave him the sixpence. JOHN WHITLAMS ( policeman, M 89). I produce a sixpence I received from Miss Selby. THOMAS WEST ( policeman, M 249). On 9th Dec. I saw the prisoner in company with two men in the Old Kent-road—I watched, and saw her go into Miss Selby's shop and come out again—I went into Miss Selby's shop and spoke to her—she did not give me anything—I then followed the pri soner to where I first saw her, and she joined the two men on the opposite side of the way—I afterwards saw her go into Mrs. Tipson's shop—I saw her come out—I saw Rowland at his own door adjoining the shop—I spoke to him—he went in, and afterwards gave me this sixpence ( produced )—I followed the prisoner and saw her go into Allibrand's—he gave me this six pence ( produced )—the prisoner was searched at the station-house—one penny was stated to have been found on her—she did not deny it. MR. POWELL re-examined. The three sixpences are all counterfeit, and all cast in the same mould. GUILTY . Aged 23.— Confined Twelve Months . 332. THOMAS REEVES , was indicted for a like offence. CALEB EDWARD POWELL . I produce a record of the conviction of Thomas Reeves at this Court in April, 1817—I have examined it with the original—it is a true copy—( read ). WILLIAM TERRY ( policeman, K 395). I was present at the prisoner's trial for uttering counterfeit coin, in April, 1847, at this Court—he is the person. ISAAC HOLMEWOOD . I sell bread at Peckham for the League Bread Com pany. On 25th Nov. between eight and nine o'clock in the evening, the prisoner came for a quartern loaf, and gave me what I supposed to be a half-crown—I put it in the till, where there was no other half-crown, and gave him Is. 11 1/2 d . change—I saw he had a hurt on his finger, and he said he had burnt it—I took the half-crown out of the till again, having some suspicion, and found it was bad—I was going out, and at the door met West, the policeman, and gave it to him. Prisoner. Is there no other way in which you can identify me but by my hand? Witness . Yes, I should know you again from five hundred, inde pendent of that, by your features. THOMAS WEST ( policeman, M 349). On Saturday, 25th Nov. I saw the prisoner in the Old Kent-road, about eight in the evening; and followed him to Holmewood's shop—he went in, and I saw him come out again with a loaf under his arm—I went into the shop and Mr. Holmewood gave me this coun terfeit half-crown ( produced ). Prisoner. Q. Did you see me afterwards? A. Not till I took you, at about twelve on Friday, you were then walking along—I told you you were charged with passing a counterfeit shilling on the previous Saturday night, to an Italian boy in Union-street; you said you were not there, and had not bought any image; I asked you where you lived, you told me over the water. ANTHONY PRETTIGES . I am an image-maker, at 3, Church-street, Shore ditch. On Saturday night, 25th Nov., between nine and ten, I sold the prisoner three images in a street overthe water—he gave me 1 s . and went away—on looking at the shilling and putting it into my mouth, I found it was bad—I gave it to Whitlamb. JOHN WHITLAMB ( policeman, M 89). On Saturday, 25th Nov. I was in company with West, and saw the prisoner in the Old Kent-road—saw him go to Mr. Holmewood's—after he came out, I followed him to Southwark Bridge-road; lost sight of him for a few minutes, and met him again in Union-street—I there saw him go up to Prettigee and purchase three images—I saw him leave him, and Prettigc-e gave me the shilling—the prisoner then passed into a dark turning, where I lost sight of him—on 1st Dec. I was with West, and saw the prisoner cross the Blackfriars-road into Webber-street—I told him I wanted him for uttering a bad shilling to an Italian, on Saturday, 25th Nov., in Union-street—he said he saw no Italian, neither had he been in Union-street—his fore-finger had a green sore on it. Prisoner. Q. Did you see me go into Holmewood's shop? A. Yes—and saw you come out with a loaf—I did not then know that you had passed the half-crown—I had not met West then—when I met you again it was in the Kent-road—I found this little brush on you, which has apparently been used for some chemical stuff. MR. POWELL . The half-crown and shilling are counterfeit. GUILTY . Aged 33.— Transported for Seven Years . Before Edward Bullock, Esq. 333. WILLIAM HILL , stealing 14lbs. of lead, value 2 s .; the goods of Jonathan Mayson ; and 20lbs. of lead, value 3 s .; the goods of Samuel James Hall . SAMUEL JAMES HALL . I live at Bermondsey. On 4th Nov. I received information, and missed some lend, which I had seen safe on the Thursday before in my garden—I saw it again the same day—this is it. JONATHAN MAVSON . I found some lead in my garden, which I had seen safe the latter end of Nov.—I missed it on the Saturday when the policeman came to me—it had been removed and some glasses smashed to pieces. THOMAS DAVIS . I saw the prisoner bringing this lead over the fence about one o'clock in the day, on a Saturday in Nov.—he took up the glasses from the garden, brought them over the fence, broke them up, put them under his coat, and took them away—I was going on an errand—when I came back I saw him sitting on the railway—I told the policeman. THOMAS BUCHANAN ( policeman, M 39). About two o'clock on 4th of ov . my attention was called—I saw the prisoner at the railroad—he ran away immediately he saw me—I caught him, and found this lead in a garden by the side of the railroad—Davis pointed out a garden to me, and he told me in the prisoner's presence that the prisoner was breaking up some glasses he had taken from that garden—the lead was still in the garden; I showed it to Mr. Mason. Prisoner's Defence. I saw two boys over the wall breaking up the glass; the officer ran past them and took me. NOT GUILTY . 334. JOSEPH LARGE , embezzling 8 s . 4 1/2 d ., 10 s . 2 d ., 13 s . 6 d ., and 5 s . 9 d .; the moneys of Henry Newell Price , his master; to which he pleaded GUILTY . Aged 26.— Confined Six Months . 335. JAMES M'CARTHY and WILLIAM WHITTINGTON , stealing 13lbs. of tea, value 7 l .; and 1 chest, value 6 d .; the property of Thomas Johnson Burden . THOMAS JOHNSON BURDEN . I am a tea-dealer, of Parker's-row, Bermond-sey. This tea-chest is mine—I saw it safe on my premises, about four yards from the door, about ten o'clock in the morning of 13th Dec, and missed it about six or seven in the evening. WILLIAM NOAKES ( policeman, M 104). About seven in the evening of 13th Dec. I was on duty near Parker's-row, and saw M'Carthy wheeling a barrow about seventy yards from Mr. Burden's—this tea-chest was in, it under a board—he passed me—I went after him—a person called, "Look out, Rattey!"—M'Carthy turned, saw me, upset the barrow, threw the chest out, and ran off—I caught him—he said some man gave him a shilling to wheel the barrow—I kept hold of him—Whittington came up and said the barrow belonged to him, and he had lent it—I asked him to go back with me to it, and asked another person to take the tea—I took M'Carthy to the station, and told Whittington to come there, which he did—he said the prisoner and two other young men came up to him and asked him to lend them his barrow to take something to Tooley-street, and as he had taken but a few halfpence in selling sprats, he let them have it; and when he got to the light and saw who it was he attempted to call them back. McCarthy's Defence. Two or three men came up to me and said, would I earn a shilling; I said, "Yes;" they put the box in the barrow, and said, "Wheel it, and we will come after you;" I had no knowledge of it" GUILTY . M'CARTHY *— GUITY .—Aged 19.— Confined Nine Months . WHITTINGTON — NOT GUILTY . 336. STEPHEN KNAPP and GEORGE ASKEW , stealing 2 sacks and 6 bushels of corn, value 30 s .; the goods of Richard Thornton Brown : to which they pleaded GUILTY .— Recommended to mercy.— Confined Six Months . Before Mr. Common Serjeant. 337. CHARLES ROWLAND , was indicted for a rape. NOT GUILTY . 338. WILLIAM DEACON, embezzling 1 l .; the moneys of Thomas Chester , his master: to which he pleaded GUILTY . Aged 21.— Confined Two Months . 339. PETER CAIRD was indicted for embezzlement. HUGH JOSEPH BROWN . I am a baker. The prisoner was in my service—if he received money he ought to pay itmewhen he booked his bread of an evening—he had only twelve customers—if he received this 3 s . and 4 s . 4 1/2 d . and 1 s . 7 d . he has not paid them to me—he ought to have paid them on the days I booked his bread. Prisoner. Q , Have you not booked my bread on Saturday night? A. Not for the last month—I began to book it every night or two nights. CHARLES ALFRED TUESLEY . I deal with Mr. Brown—I paid the prisoner on the 24th Nov. 1 s . 7 d . for his master. JAMES JOHNSON . I paid the prisoner on 11th Nov. 3 s ., and on 13th Nov. 4 s . 4 1/2 d . for his master. Prisoner's Defence. He has been in the habit of booking my bread only on Saturday; if he had booked it every night I should not have had the money; I had spent 4 s . of it, and had not got the means of settling it; he kept all ray wages, or it would have been paid. MR. BROWN . I do not owe him any wages; he had not asked me for any. GUILTY . Aged 26.— Confined Three Months . (There was another indictment against the prisoner.) 340. GEORGE STREAK and CHARLES BILLETT , stealing 1 pair of boots, value 7 s . 6 d .; the goods of William Brewington ; to which STREAK pleaded GUILTY . JAMES CHAMBERS KEEN . I am foreman to Mr. William Brewington. On 27th Nov. we lost some boots—on 4th Dec. the policeman called, and I went to Mr. Folkard's, and saw this pair of my master's boots, which we had lost. JOHN GOODRIDGE . I am in the employ of Mr. Folkard, a pawnbroker. I took in these boots on 27th Nov., of a youth about Streak's size—this is the duplicate I gave. ALFRED SPICE ( police-sergeant, V 47). I produce this duplicate, which I got from Thornton, under Stan bridge's direction. SAMUEL STANBRIDGE . I bought this duplicate of Streak, in a beer-shop, on 28th Nov.—Billett was with him, but did not say anything. RICHARD LYNN . I live at Clapham. I know Billett—I was going up an alley, and saw Streak standing there—he said, "I am going to steal a pair of boots," and just as he said so Billett came up—they both went by Brown's shop—Billett went across the road, and said, "I am going to watch the shop while Streak takes the boots"—he asked me to watch with him; I would not. Billett. I did not say so. BILLETT — GUILTY . Aged 17.— Confined Three Months . 341. GEORGE STREAK was again indicted for stealing 1 whip, value 14 s .; the goods of William Taverner Palmer ;-having been before convicted; to which he pleaded GUILTY .— Confined One Year . 342. THOMAS M'DONALD , unlawfully uttering counterfeit coin; to which he pleaded GUILTY . Aged 37.— Confined Four Month . 343. JOHN COE , WILLIAM HAMILTON , and JOHN JONES, stealing 12 bushels of wheat, value 3 l . 15 s .; the goods of John Addis , the master of Hamilton, in a barge on the Thames. MESSRS. BALLANTINE and PARNELL conducted the Prosecution. JOHN NEWTON . I was employed in the Commercial Docks on Thursday, 23rd Nov., loading some red wheat into Mr. Addis's barge, the John —I measured 180 quarters into it. Cross-examined by MR. PRENDERGAST . Q. Are you a City corn-meter? A. Yes—I measured by the London measure—I do not know whether there is any difference between the City measure and the Irish gang-measure—there is a drum-bushel, which is different in shape—I never measured by it. CHARLES SMITH . On Friday morning, 24th Nov., I finished the delivery of wheat into the barge John —I delivered 55 quarters; that made 235 altogether. Cross-examined by MR. PRENDERGAST . Q. What are you? A. A deputy sworn-meter—I do not use the Irish gang-measure; I never heard of it, or of the drum-measure—I did not measure the bulk of corn left in the barge—there is but one legal measure in England—I have heard of the drum-bushel—I do not know that it differs about two pints from the other—the Imperial bushel is gauged bv the City twice a month, to see that it is correct—they use the drum on the river, to discharge cargoes out of the craft into the warehouses. JOHN POPE . On 28th Nov. I saw some red wheat delivered and mea sured from the barge John , at Rigby and Young's, opposite the London Docks—we use the Irish drum-measure—there were 231 quarters and four bushels—I cannot say in what respect the drum differs from the other measure; there is a difference—there ought to have been 235 quarters—there were three quarters and a half wanting. ROBERT DAVIDSON . I am clerk to John Addis, a lighterman, of Horsley-down. The barge John belongs to him—I have compared the sample of red wheat produced by the officer with the sample I took out of the barge on the Saturday morning—they are here—they are of a similar description—it is red Koningsberg wheat—I saw the bulk in the barge at the wharf—it appeared as if some might have been taken out; I cannot say that there had—I do not swear that those samples are the same; they probably may be—a great deal of red Koningsberg wheat comes up the river. GEORGE HOLCROFT . I am foreman to Mr. John Addis—Coe and Hamilton were in his service. On 24th Nov., I gave them orders to bring the John up—I saw Coe about six o'clock that evening—he said he had saved tide to Hayes-road, which is about halfway from the Commercial Dock—I told him to take her on from Hayes-road, about nine or ten that night, when the tide flowed—I am not aware that Hamilton had any business on the barge that evening—Coo had no business at Shadwell that night, for Mr. Addis, that I am aware of. Cross-examined by MR. PUENDERGAST . Q. You know the custom of lightermen to lend a hand to tne another? A. They do occasionally. Cross-examined by MR. PARRY . Q. Have you a barge called the Timothy ? A. Yes; Hamilton had charge of it—he had to go to see that she was clear of water. JOHN STRONG . I am a waterman at Rotherhithe. At a quarter or twenty minutes past eight o'clock on Friday evening, 24th Nov., Coe and Hamilton came to me at Church-stairs, just off Hayes-road—I took Hamilton to Mr. Addis' barge, and Coe to Wapping—dock-stairs—the Charlotte barge and the John were lying alongside each other astern, off Hayes-road—after putting Hamilton on board the barge, I said to Coe, "Are you going down to the West?"—I meant the West India Docks—he said no, he was going to Shadwell—if Coe landed at Wapping Dock-stairs, he would turn to the right to go—if the tide was flowing, it would not be possible to take a barge to the West India Docks from there without a steamer. WILLIAM THOMAS BRIDGES . I am an inspector of the Thames-police. On Friday evenin?, 24th Nov., between nine and ten o'clock, I was rowing down the Thames in a police-galley, and saw a barge off Sun Wharf—I saw Coe, who was in it, walk from the outside barge to the inside barge—I have known him some years—he went to the Pelican-stairs—Jones was there and a large bundle of empty sacks, with the name of Husband and Son upou them, and there was a small quantity of wheat—I went out of the galley and asked Jones what he was doing there; he said he came down for a boat—I asked if he knew anything of the sacks; he said he did not—his boots were covered with wet shore mud—I asked how they came in that state; he said "Coming down the shore"—the shore from the stairs to where he was standing was all clean gravel—I went to the back of the warehouse at the Sun Wharf, and saw some footsteps leading from near to where I saw him standing, in an oblique direction, to the back of the was Fehouse—there was mud there, such as was on his boots—I took off one of his boots and compared it with the foot-marks, and it exactly corresponded—there was some rope tackle hanging from the warehouse, partially wet, as if it had been recently used—I went in the warehouse the front way, and found six sacks, containing red and white wheat—three of them contained twelve bushels and a half of red wheat—it was from that wheat I took the sample which I gave to Mr. Davidson—I took Jones and Coe away in the galley—I asked Coe what he was doing there; he said he was waiting for a sculler, that he had been to the West India Docks, to lend Jack James a hand down with the barge, as he was short of tide, and he had been to the London Docks to look after one of their own barges—I went to Hayes-road—I found the barge Charlotte ; the John was lyiug above that at Church-hole-tier, about a barge-length astern—I went down in the cabin and found Hamilton, he said, "Is that you, Jack ?"—I said "No, I am an inspector of police, Jack is in the police-galley alongside (it was then about half-past ten)—I asked him how long it was since he had seen Coe—he said, "About three-quarters of an hour"—I said, "I suspect your barge to have been plundered"—he said, "I know nothing about it"—I looked at the fore hatch, I saw she was loaded with red wheat, and there was a hollow, as though a great quantity of wheat had been taken away; in my opinion about two or three sacks had been taken—I searched Coe and Jones at the station—I found several grains of both red and white wheat in nearly all their pockets, and there was one grain entangled in Jones' hair—I asked him if he had any notes of any wheat he had received; he said he had not—there was a boat brought up, and Jones said, "That is a boat I brought from your place to-day or yesterday"—there was white wheat scattered on her thwarts, and on her bottom. Cross-examined by MR. PREKDERGAST . Q. Hamilton went away, and you found him the next day at his own house? A. Yes—he said, "I am coming, Sir"—I said, "Then you expected I was coming for you?"—he said, "No, I don't know exactly." WILLIAM BROWN . I keep the Sun Wharf, near Pelican-stairs; Jones was in my employ, as wharfman—I believe I was there on Wednesday night, 22nd Nov.; there was no wheat there then, nor on the Friday morning—I did not expect any—I came to the warehouse about half-past two on the Saturday—I had seen two empty sacks marked "Palmer" on the wharf—I found them with wheat in them. Jones. By your order I was to receive any grain that came there. Wit ness . He was to receive any grain with proper notea—he had no authority to receive any without invoices or notes. JOHN WEBB . I am lighterman to Messrs. Husband and Son—these sacks are their property—I gave no authority to any one to take them off their premises. NOT GUILTY . 344. JOHN COE , WILLIAM HAMILTON , and JOHN JONES were again indicted for stealing 10 bushels of wheat, value 3 l . 10 s .; the goods of John Dudin Brown and another, in a barge on the Thames.—2nd COUNT , feloniously receiving the same. MR. PARNELL conducted the Prosecution. GEORGE VINCENT . I am a lighterman, in the service of John Dudin Brown and another. I was present on Friday, 24th Feb., when the Charlotte was loaded with white Dantzic wheat, at the London Docks—I had charge of the barge—180 quarters were put in on the Thursday, and on Friday morn ing the next meter did 70 quarters, which made 250 quarters—I put the hatches on, on the Friday morning—I observed the state of the load under the hatches; the barge was full ait and forwards, but not in the middle—I took the barge to Hayes-road—I got there about two o'clock on Friday after noon, and moored it—there were several other barges—Coe came with the John out of the Commercial Docks, and moored astern of me; you could get from his barge to mine—about eleven o'clock on Friday evening I went to my barge, to take her to Yardley's, and I saw loose wheat about—a police boat came alongside—I saw them take off the aft hatch, and there was a hole which would contain about a bushel of wheat, and there was a bit of a hole forward, but scarcely different to what I had left it—I found a bushel bag on the cabin, which was not there when I left ; I don't know whose it was. Cross-examined by MR. PARRY . Q. You left your barge from two o'clock till the tide served, about eleven at night. A. Yes, during that time it was moored; I had other employment on shore—I have known Coe for several years as a lighterman. WILLIAM THOMAS BRIDGES .—On the Friday evening, between nine and ten o'clock, I saw Coe and Jones at the Pelican stairs—I found the ware-house open, and foot-marks—I found, beside the red wheat in the warehouse, three sacks containing white wheat; one was marked "Husband," one "Langdale," and the other, "Palmer"—I have here a sample taken from each sack; they were all one quality—I took Coe and Jones in my boat to Hayes-road—I said to Coe, "There is a barge there;" lie said, "That is not ours, that is Brown and Young's barge"—I said, "Well, I will have a look at her"—I went , and saw a quantity of wheat scattered abaft the hatch way—I removed the after hatch first, and there was a great hollow, I should say from two to three sacks Had been taken out—I removed the fore hatch, and there appeared about a sack gone from there—there was no one on the barge—Coe said his barge was gone up; I went after it, and found Hamilton there—I found in the pockets of Coe and Jones, grains of red and white wheat—there was a boat moored against the barge, in which I first saw Coe standing—I found grains of wheat scattered over the state-room of the boat, and likewise over the thwarts—it was white wheat, as far as Ljcould judge; it appeared only to have been a short time there. JOHN STRONG . I am a waterman, and ply at Rotherhithe—I took Coe and Hamilton on board my boat—I put Hamilton on board Mr. Addis' barge, and took Coe to Wapping Dock-stairs; he said he was going to Shadwell—I came back and took another fare—I then saw some one on the Charlotte taking some wheat and putting it into a bag or sack—it was a tall man; I could not see who it was—it is a common thing to take a sample out of a barge—I have known Hamilton for years; I know him to be a respectable man—Mr. Addis's barge was dropped up at that time; I could not see her. JOHN ADAMS . I was at Church-stairs—I saw Coe and Hamilton go off in the boat, I went off about twenty minutes afterwards—I saw the Charlotte and the John together—I saw a man on Messrs. Brown and Young's barge—he asked me to put him on shore—he was in a stooping position—I could not see what he was doing—he had nothing in his hand—I saw a bag lying close by him—it appeared to be full—I can't say whether it was Hamilton or not. ROBERT FITZGERALD . I am warehouseman to Mr. John Dudin Brown, and Mr. Young—I was present when the wheat was landed from the Char lotte on Saturday, the 25th Nov.—I kept tally of it—there were two hundred and forty-seven quarters and a half. Cross-examined by MR. PRENDERGAST . Q. Did you see it all measured? A. No—while the men were under the decks measuring I could not see it—I am not one of the Irish gang-measurers—I used the drum-bushel in this case. MICHAEL LANE . I measured the wheat from the Charlotte with the drum measure—I did not keep the tally. SAMUEL BARNARD . I am clerk to Messrs. Brown and Young—I recollect the barge Charlotte being unloaded on the Saturday—I produce a sample of the white Dantzic wheat from it—I have compared it with that produced by the inspector, and from thirty years' experience I say they are similar—I do not personally know the measure by which it Was taken. Cross-examined by MR. PRENDERGAST . Q. What are your measures? A. The Imperial measure—some of the measures are made in the shape of a drum—there is not the slightest difference in them—when the meters come to measure, they bring their measures—when it is delivered, it is delivered by the drum—Lane used our drum—we use the strike in measuring—there is no difference whatever between the City meter and the drum; one is larger round than the other, but the other is deeper; the contents are the same—two men measuring out of the same measure will make a difference of half-a-pint in each measure—two measurements by the same man is different—this is a sample of the wheat from the barge—this is a sample from each sack, I believe them to be the same—Dantzic wheat is brought over in large quan tities—there are a number of shiploads of the same sort. LEONARD BARGINALL . I fetched a boat from a barge near the Pelican-stairs on the Friday night—I had seen that boat at the office—I don't know who took it away. HAMMOND JOHN GRIFFIN . I had seen the boat at the office, and on the 24th Nov. it was given up to Joins, about two o'clock in the afternoon—it was then dry—it was in water at the time we took it up. COE — GUILTY . of stealing Aged 33. JONES — GUILTY . or receiving Aged 54. Confined Nine Months . HAMILTON — NOT GUILTY . 345. JAMES WARREN , stealing 1lb. weight of beef, value 6 d .; the goods of Joseph Woodward , having been before convicted: to which he pleaded GUILTY . Aged, 53.— Confined Nine Months 346. PATRICK FEE , stealing 3/4 of a pound of bacon, value 6 d .; the goods of Joseph Hardcastle : to which he pleaded GUILTY .— Confined Three Months . 347. GEORGE WARWICK , stealing 2 brushes, value 1 s . 4 d .; the goods of Robert Warwick : to which he pleaded GUILTY . Aged 10.— Confined Four Days and Whipped. 348. EDWARD COOPER , stealing 4lbs. weight of glue, value 2 s .; the goods of John Humphery , Esq., from a wharf adjacent to the Thames , having been before convicted: to which he pleaded GUILTY .— Confined Nine Months . 349. JAMES MOODY , alias Henry Wilkinson , stealing 6 locks and other articles, value 20 s .; the goods of Henry M'Kellar : also 5 locks and other articles, value 15 s . 6 d .; the goods of Joseph Hickraott , fixed to a building; having been before convicted: to which he pleaded GUILTY . Aged 54.— Transported for Ten Years . 350. MARTHA POTTER , stealing 1 pair of boots, value 6 s .; the goods, of Joseph Hudson , having been before convicted: to which she pleaded GUILTY . Aged 17.— Confined Nine Months . 351. ISAAC PENDRY , stealing two bushels of oats and chaff, mixed, value 2 s .; the goods of William John Lobjoit , his master; and JOHN CAIN feloniously receiving the same, knowing them to be stolen. MR. PARRY conducted the Prosecution. HENRY UNDEKHILL ( police-sergeant, V 37). In consequence of informa tion from Mr. Lobjoit's on 1st Dec., I watched his premises with another officer, about a quarter-past one o'clock in the morning, I saw Pendry come from Mr. Lobjoit's with the wagon loaded with greens—I saw him take from the shafts a sack containing something—he took it round to the back of Cain's premises, about 100 yards from Mr. Lobjoit's—he returned in about two minutes without the sack, and went on with the wagon—I followed, took him into custody, and charged him with stealing corn—he said I must be mistaken—Hodder, who had been watching the back of Cain's piemises, came and told me something, and I went to the back of Cain's premises—I waited till about a quarter-past six—I then saw a light come to the wash-house, and saw Cam's wile there—I wait in and asked Cain who was there, if he knew anything of that sack on hib premises—he said the sack was his, but he knew nothing about the chaff—Hodder, who was with me, took possession of some corn there—Cain is a fishmonger—he keeps a horse and cart—I found a portion of this mixture in a tub, and some in a manger, and a portion of it was on the floor in the washhouse. Cross-examined by MR. METCALFE . Q. How near were you to the wagon when this man took something from it? A. About six yards—I was on the right side, not on the side of the house. Cross-examined by MR. BALLANTINE . Q. Did not Cain turn round and say to his wife, "How came you to take it in?" A. No; his son was not there—he does not live there—Cain hawks fish about in his cart—I have seen him several times go out about five o'clock—I have seen his wife drive and him drive. LIONEL HODDER ( policeman, V 52). I was watching at the back of Cain's premises—I saw Pendry come round from the front with a sack, apparently full of something—he put it into a hole leading into Cain's wash-house—he returned—I went to the hole, turned my light on, and saw the sack lying on its side, I marked it with a pin—I retired, watching, and about two o'clock I saw a light in the stable—I heard the washhouse door unbolt—I looked through the hole, and saw Cain with a light—he said, "Come up, I have got your corn-bag now"—I thought he spoke to the horse—he had nothing on but his shirt—I heard him shut the door, and I immediately com municated with my sergeant—at a quarter-past six I went in and found some corn in the wash-house, close by the sack—there was corn in the manger—this is the sack and corn—here are three bits of paper, which were taken from the tub, six from the manger, and ten from the sack. WILLIAM JOHN LOBJOIT . I am a market-gardener, of Putney. Pendry was my carter—I know Cain—I have lost corn, and employed the officers to watch—I had mixed pieces of brown paper with my oats and chaff—it was Pendry's duty to leave my premises that morning with his wagon—he had authority to take a little corn for his horses, but not to take any to Cain's premises. PENDRY — GUILTY . Aged 40. CAIN — GUILTY . Aged 60. Recommended to mercy hy the Prosecutor. Confined Six Months . Before Mr. Recorder. 352. SARAH PRENTICE , stealing 4 table-cloths, and other goods, vaue 1 l . 16 s .; the goods of George Hayter , her master; to which she pleaded GUILTY . Aged 21.— Confined One Month . 353. CHARLOTTE MALLOW , stealing 1 pair of trowsers, value 4 s .; the goods of James Homer Young . JAMES HORNER YOUNG . I work at a coal-shed. I was sleeping in the prisoner's house, in Sun-street, and lost a pair of trowsers from the cupboard—I had seen them safe on the Monday night, 11th Dec, at half-past twelve o'clock—these are them. Prisoner. The door is open from half-past five o'clock in the morning till eleven or twelve at night? Witness . Yes, it is much exposed. WILLIAM MAY . I am a pawnbroker. I took in these trowsers of a woman on 12th Dec, in the name of Ann Davis—I do not know who it was. WILLIAM HUMPHREYS ( policeman, M 127). I took the prisoner—I told her the charge; she wished to settle it—I said I had no power to do any thing of the kind. NOT GUILTY . 354. WILLIAM RTCHARDS and JOHN ARKWRIGHT , unlawfully conspiring to obtain 20 l .; the moneys of Louis Vandall. NOT GUILTY . 355. CHARLES MORGAN and GEORGE FOSTER , breaking and entering the dwelling-Louse of James Watts , and stealing 1 cape and other articles, value 4 l . 12 s . 6 d .; his property; to which FOSTER pleaded GUILTY . Aged 38.— Confined One Year . MR. METCALFE conducted the Prosecution. THOMAS TOWRESY ( policeman, M 237). I was on duty in the Kent-road last Monday evening, and saw the prisoners, at about a quarter past six o'clock, go to Mr. Watts's front door—I watched them for half an hour—they then disappeared for a short time, and then returned—I called my sergeant's attention, be went to the rear of the house—I went to the front door, and saw the prisoners get over a fence leading to the back door—I looked through the key-hole of the front door, and saw the two prisoners coming along the passage with a lighted candle in their band—they went into the front room—there was a light in there for about half a minute; then they returned, and I lost sight of the light for some time—I heard the sergeant break some glass at the back, and instantly the two prisoners opened the front sash of the upper room, and looked out—they then disappeared—the sergeant opened the front door—I went in, and took Morgan in the passage—I took them to the station, found 5 s . 8 1/2 d . on them, returned to the bouse, and found this bag with a quantity of wearing-apparel in it between the bedstead and drawers in the back bed-room. Cross-examined by MR. PARRY . Q. How many persons were about the house? A. I saw no one—the sergeant was not there at first—the prose cutor and his brother and father were there at the last, and five or six more persons—I am sure Morgan did not go in with me—no one went in but me—these articles were on the same floor, not in an upper room. GEORGE RUDFORD ( police-sergeant, M 19). I was on duty, my atten tion was called to this house—I went to the back, and saw a light in the lower room; I looked through, and saw the prisoners, one in a stooping position, and the other had a bag in his hand, in the back parlour, where I afterwards found these articles—it is used as a bed-room—this bag was between the bedstead and the drawers—the prosecutor came, and I tried to burst in the back door; I found I could not—I smashed a pane of glass, got in at the window, and saw the things about the room—I went up stairs, and saw Foster covered with soot halfway down his body—Morgan was behind the room-door—I caught Foster, and told the man who went in with me to take Morgan—we brought them down stairs—Foster said if the chimney had been big enough we should not have got them—on the way to the station they said it was through distress—these things were half in the bag, and half out—I found some skeleton-keys, and a piece of was candle on the chimney up stairs—I broke an upper square of the lower sash in the back window—on going back to the house I found a bottom square of the upper sash broken. Cross-examined. Q. Why did you break the upper square if one square was broken? A. The blind was drawn down, and I did not notice it—both the prisoners said it was distress, on the way to the station. JAMES WATTS . I live at 8, Charlotte-street, Old Kent-road, in Camber well parish. I left mv house all safe at four o'clock that day—there was not a broken square of glass in the house—I know this property, it is mine, and is worth 4 l . 17 s . CHARLOTTE WATTS . I am the mother of the last witness—these things are his—I found a chisel, and a bag containing five keys, behind the flap of the register of the chimney which Foster was trying to get up. MORGAN GUILTY . Aged 20.— Confined One Year . 356. GEORGE JAMES and SAMUEL BRECKNELL , stealing two shirts, and other articles, value 15 s .; the goods of Patrick Edward Donnelly ; to which BRECKNELL pleaded GUILTY . Aged 15.— Confined One Month , and whipped. PATRICK EDWARD DONNELLY . I did live at 12, Weston-terrace, Ber mondsey—on 5th Dec. I saw Brecknell in custody of Budd, a policeman, in my house, and saw some articles in the policeman's possession which had been banging to dry that day in my back premises—one article was a sofa cover-in order to get to my premises, it was necessary to climb over a wall seven or eight feet high. James. I was not with him; I saw nothing of James. ROBERT KIMBERLY . I live at 26, Weston-place, Bermondsey—on the evening of 5th Dec, I saw Brecknell in a yard, at the back of No. 12—I saw two shirts on his back under his coat—I jumped over, took him to a place where I supposed he got over, and said, "Did you get over here?"—he said, "Yes"—I said, "You must have had some help;" and then two boys who-were in the street ran away—I suppose James was one. SARAH BRECKNELL . I know James well—he came to my house on 5th Dec, and he and my son went out together—in an hour, or an hour and a half, he returned, and told me my son was taken up—my husband asked what he had been doing—he said, "Nothing at all, but they were walking down Long-lane, and the officer came and said, 'Yoy are one.' " JAMES — NOT GUILTY . 357. DAVID BEARD , stealing three shillings; the moneys of Georgiana Bowers . MR. PAYNE conducted the Prosecution GEORGIANA BOWERS . I live in Swan-row, Blackman-street, Borough—I am single, and am unfortunate—last Monday night, about half-past eleven o'clock, I met the prisoner in Blackman-streer, near St. George's Church—we went to a public-house, and he paid 5 d . for a quartern of rum; be then accompanied me home—he had * * he gave me three different shillings, which I put between the counterpane and the blanket—after some time, he demanded the money back, or he would strangle me—I refused to give it to him—he caught hold of me by the dress, laid me on the floor, put his knees across my body, and held me by the throat with his right-hand—he hurt me—I was not able to get from him for some time—I told him I would give up the money if he would let go his grasp—he let me go, but he tried my pockets first—I told him that the money laid between the counterpane and the blanket—he went and took it, and put it in his trowsers pocket—I made an offer to go down stairs, and he got hold of the fender in his right-hand, and took hold of me by my dress, and threw me down—I said, "Let me go, I will call the policeman"—he said, "You may bring as many as you like, I will knock their brains out if they enter this room—I got out of the room—he got me back, and kneeled on me again, the same as before—I struggled, and got away at last, and got down to the street-door—I stood there two or three minutes, while he was making use of the most awful and threatening lan guage— he said if I called anybody to my assistance, he would serve them as he did me—a gentleman was passing by, and he came in—he sent a police-man, and I gave him in charge. Cross-examined by MR. PARRY . Q. I believe the prisoner was very drunk? A. He was the worse for liquor—no one lives in the house but myself; I have lived there a fortnight to-day—I had been in the house two different times before—I have known Mr. Hart, the gentleman who was passing, three or four years—he does not live with me—he had been fre quently at my house before I moved—we did not live together for sixteen months—he has called at my house—he is clerk to his brother—I do not know how he came to be outside the door at a quarter past one o'clock that morning—it was perfectly accidental—he had walked up and down several times hearing a noise—I did not promise to go with the prisoner for 3 s ., and when I had got it refuse what he wanted—he would insist on having his money back—I put it between the blanket and the counterpane, "because I have been robbed by men on two different occasions—I have not said that I wanted more money of the prisoner, that he would not give it me, and that, to save myself, I gave him in charge—I swear that—I have been unfortunate six years—I have been kept by one gentleman four years, and by another five months—I was never before a Magistrate before. CHARLES HART . I live in Brighton-place, New Kent-road. I am a clerk in the wine and provision trade—last Tuesday morning, about a quarter past one o'clock, I was in the neighbourhood of Blackman-street—I passed the house where Bowers lives—I heard a cry as of distress, and Bowers opened the door—I had only walked past the house once—I did not walk up and down—she said, "Is that you?"—or words to that effect, and she said there was some one in the house, and she wanted assistance—I went inside, and saw the stair-case door open—I heard some one speak, and looking up the stairs I merely saw the trowsers of some one—he said he would dash the brains out of any one that came up, or words to that effect—I went for the policeman—he took him into custody—I heard the prosecutris charge him with having robbed her of three shillings. Cross-examined. Q. Where did you fetch the policeman from? A. From Blackman-street—it was the first policeman 1 met—I never lived with Bowers—I have visited her frequently—she is under my protection—I am clerk to J. W. Hart and Co.—my salary is 70 l . a year—before that, I was copier of the Minutes of the House of Lords—I mean the evidence given in Commit tee—I did that for about four years—I copied them more particularly for a Mr. Davis—I was not in his employ particularly—I am in employ now, cer tainly—I am not the Company—I am thirty-eight years old—before I copied in the House of Lords I lived at Gravesend, and kept a boarding-house for three years; that is to say, I let out my house in lodgings—I have been mar ried about ten years, and have one child—my wife is living—I have had the prosecutrix under my protection one year—I knew her before, under the. protection of another gentleman—my wife eloped a year and a half ago—I did not know Miss Bowers at that time, except that she was the friend of a gen tleman—I did not visit her. JAMES GUITER ( policeman, M 161). At a quarter past one o'clock last Tuesday morning, I was in Blackman-street, and Mr. Hart came to me—I wont with him to the prosecutrix's house—I found the prisoner on the stairs—he had a fender in one hand and a candlestick in the other—I asked him what was the matter—he said if 1 were a policeman I might come up—he was drunk—I went up—the prosecutrix was below—Mr. Hart was below a little while—when I went up stairs he left-when he applied to me he said he while-when though there would be murder committed if I did not go down—the prisoner seemed to be agitated, as if standing in his own defence—he could see my dress—I was in uniform—I went into the room up stairs—the bed was turned over, all the clothes were rumpled about, as if somebody had been turning it over, as if it had been searched—the prisoner did not account for why he was standing there; he was too drunk to gave an account of himself. NOT GUILTY . ADJOURNED TO MONDAY, THE 1 ST OF JANUARY.

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TAKEN IN SHORT-HAND BY MANOAH SIBLY, PROFESSOR OF SHORT-HAND, No. 35, Goswe-Street, And Published by Authority. NUMBER III. PART I. LONDON: Printed and published by HENRY FENWICK , No. 63, Snow Hill. PRICE ONE SHILLING and FOUR-PENCE. THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c. BEFORE the Right Honourable PAUL LE MESURIER , Esq. LORD MAYOR of the City of London: The Honourable SIR FRANCIS BULLER , one of the Justices of His Majesty's Court of King's Bench: The Honourable ALEXANDER THOMPSON one of the Barons of His Majesty's Court of Exchequer: SIR JOHN WILLIAM ROSE , Serjeant at Law, Recorder of the said City: JOHN SILVESTER, Esq. Common Serjeant at Law of the said CITY; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX. 1st London Jury. Joseph Stafford George Wilmot Wm. Hopkins Js. A. Dixwell John Robinson James Chabot Thos. Nelson John Capron John Thomas Joseph Harris Chr. Foresyth John Rous 2d London Jury. George Rider Thomas Manley Joseph Stafford James Chabot Wm. Hopkins Js. A. Dixwell John Back John Capron John Thomas G. Higginbottom John Farmer Joseph Harris 3d London Jury. Wm. Prater Rd. Williamson Samuel Yates Richard Grove Chr. Foresyth John Rous Wm. Crannage John Beard John Steward Joseph Roberts John Holt John Berisford 1st Middlesex Jury. Rd. Holbrooke John Hall George Young Jas Hagarth Thos. Holmes Paul Barbut Rd. Mortimer George Malpas Joseph Bowman Thomas Findall Nathl. Thorley Wm. Thissleton 2d. Middlesex Jury, Thos. Harrison George Myers Matthias Hunt Daniel C llyer Tho. Scardifield George Wright Wm. Hinckley William Roper Clement Mead John Paul Gilbert Boyle James Nicholls 150. FREDERIC FEHRENKEMP was indicted for stealing, on the 11th of December , a gold watch, value 101. and two cornelian seals set in gold, value 1l. the goods of John Moffatt , Esq . in his dwelling house . (The case opened by Mr. Knowlys.) SARAH MOFFATT sworn. I am the wife of John Moffatt. I know the watch very well, which is the subject of this indictment; I have wore it myself, at times, for two years and a half. The prisoner at the bar was a servant in the family; he was a footman , he had left our service about fifteen months before the watch was lost. Q. How long was he in your service? - Between ten and eleven months. Q. How lately before the watch was lost had you seen it? - I saw it the evening before, but Mr. Moffatt put it in the drawer himself, at ten o'clock that evening. Q. How late that evening did you see the watch yourself? - I did not see it after dark myself. Q.Where did you see it in the course of the day before it was lost? - Hanging up by the side of the fire, in a small parlour, where Mr. Moffatt generally dresses, on the ground floor, close to the hall, it opens into the hall, it always hung there, in the course of the day time. Q. Was that the practice, to hang the watch in that place at the time the prisoner lived in your service? - Very frequently, but sometimes Mr. Moffatt carried it. Q. Where was it usually deposited in the evening after Mr. Moffatt went to bed? - In a little table-drawer in the same room. Q. What time of the evening was it generally removed from the fire-place to the little table-drawer? - Sometimes eleven o'clock; now and then at half past ten; Mr. Moffatt used to wind it up just as he was going to bed. Q. Was it the practice at the time the prisoner was in your service, to deposit this watch of a night in this table-drawer? - Yes, always when we were in town. Q.How did this table-drawer open? - The top listed up. Q. Was it locked or not? - It was not locked. Q. How long was it you missed it after you had seen it? - Nine o'clock is the usual time that Mr. Moffatt comes down stairs, and then he always lifts up his drawer, and that morning the watch was missed; I was not present. Q. You said it was usually hung up by the fire-side; at what time of the day did you see it hung up at the fireside? - I cannot say what time I saw it in the course of that day. JOHN EATON sworn. I am a servant in Mr. Moffatt's service, and was so at the time the watch was missed. I am a footman. I know the prisoner at the bar, I saw him the day the watch was missed, in the house; I opened the door to him; he said pray is Master Norris here he is a young man belonging to the family; I said no, he is not; he asked me if my master was up? I told him no, he was not up; he asked what time he would be up? I told him he would not be down much before nine; he asked what it was o'clock, I looked at the clock? and said it wanted twenty minutes to eight. Q. Did you know him before? - I did. Q. You did not know at that time he had lived a servant in the family? - No, I did not; he said he came from some gentleman at Westminster, I have forgot the name; and he said my master had written to him to be there at eight o'clock; then I asked him if he would call again? and he took his hat and went out to the door, and I shut the door after him, and held the door; he never went out of my fight at that time, while he was in the house. SARAH WRIGHT sworn. I was cook in this family of Mr. Moffatt's. I know the prisoner perfectly well. Q. Do you recollect the day when the watch was missed? - On Wednesday morning, I think it was the 18th, it was a fortnight before Christmas; I was in the hall when the last witness gave him the answer the first time, cleaning it; and the young man sent him away, and I was at the bottom of the stairs, and he came in again in about twenty minutes afterwards, or not so much, the door was a jarr and he came in. Q. Was any body in the hall besides yourself? - No, I was on the bottom of the stairs, I knew that to be the same man that came after my master before, and so I shut the hall door, and shut him in. Q.What did he say? - He had told the young man what he came for, and I had heard it all, and knew him to be the same man again; while I was cleaning the hall, he asked several things about the family, he made a deal of wet about the door, and I left him, to go down into the kitchen to fetch a cloth to clean where his feet had wetted the hall. Q. Was there any of the family left with him in the hall, or was he alone? - He was alone in the hail. Q. Had he been in the hall all the time before you went down? - Yes, he had not been out of the hall at all. Q. When you returned from the kitchen, where did you see the prisoner? - I see him coming out of my master's little room, that opens into the hall; I was rather surprised at seeing him come out of that room, but he asked me for Mr. Moffatt's, or my master's bulfinch, I told him it was dead; he says dead! how sorry I am, that bird cost five guineas. I told him my master was very sorry for it; he stopped some time in the hall after that, and then said I have heard that Mr Moffatt is better natured after breakfast, and I will call again. Q. Did he call again? - He did not, I asked him if he had ever lived in the family? he said he had not. Q. Have you ever seen your master's watch hang up? - Yes, I believe I have, I never saw it in any other place; he told me he had been at Mr. Moffatt's country house, with his master, who was a single gentleman, a month or two at a time; I let him out, and never see him till he was taken up. Jury How do you know the prisoner at the bar? - I knew him by sight very well because I see him before. Q. How long was he in the hall after what past about the bird? - About five or six minutes, not longer. Court to Mrs. Moffatt. Do you know the particular day it was lost? - It was the 11th of December. PETER PRESCOTT sworn. I am a watch-maker; I live in little Newport-street, Leicester-fields; I know the prisoner at the bar, I recollect him perfectly well, he came into my shop to know the opinion of a watch, which he said he found; it was on Wednesday, the 18th of December last, I looked at it, and told him it was a very good watch, likewise told him that he was very lucky to find so good a watch, that I frequently looked for to find something, but never was so lucky as he had been; so then says he, I cannot say that I admire this watch, it is not modern, and it was a high watch, and he fixed on one that was then in the shew glass, a silver watch. Q. How came he to fix on a watch in your shew glass? - He fixed on a silver watch, and intimated that if I would make an exchange for the silver one, he would let me have the gold one; I answered him that I would do no such thing, that the watch that he had found was preferable to the watch that he meant to exchange for; he then pointed out on the gold watch the defect of the maker's name being crased, I told him that I could rectify that; I had seen that, but I did not say any thing to him about it. Q. In what way did he express it? - He said it was rather an eye sore, or a hurt to the watch; I told him that I could put a name plate on the watch, and that the cap could be cut again as there was sufficient thickness there; he asked me how much it would come to? I told him half a guinea, which, he found rather too much, he then seemed rather to with to dispose of the watch, and for me to buy it, he intimated as much as that, I told him if he had the defects rectified he could better dispose of the watch, and perhaps get more than I could allow him for it; he asked me then, do you think that you could dispose of the watch for me? I said, I dare to say I can, he said, he would call the next day, or next morning, which was Thursday, I said, very well, but if you leave it only till to-morrow, I cannot be able to get it done, nor perhaps the next week, because it is holiday week; but at last I promised it should be done for him by the Saturday; he left the watch with me, I asked him what name I was to put on the watch? he told me, Frederic Hatfield, London. I asked about the number? he said it was immaterial; O, then says I, I will put one of my following numbers on it; he said, just so; and he left the watch; I took it in pieces the very moment he left it, in order to trace out whether this watch was not stole, I had my suspicions, and I found a mark in the inside, Mudge, No. 576, I recollected that an hand-bill had been left at our shop which mentioned something about a watch of that description, I made enquiry and at last traced it to be the property of Mr. Moffatt's. The prisoner called again on Saturday and then I apprehended him, I have had the watch ever since. Q. Are you sure that he is the man of whom you took that watch? - I am. MATTHEW DUTTON sworn. I am in partnership with Mr. Mudge. This watch was made at our house, it was made for a Mr. Quick. Q.Do you know whether it was ever the property of Mr. Moffatt or not? - I do. I knew it afterwards by coming often to our house to be repaired, while it was in the hands of Mr. Moffatt. Mrs. Moffatt. I know this is Mr. Moffatt's watch, there was a little bit of gold just by the number six on the dial plate. JOHN MOFFATT sworn. This watch is mine and has been twenty years; it was deposited the night before it was missed, in a little drawer in my little parlour, the parlour which the witness has described, I am sure I put it there that night, and I missed it in the morning, it was the practice during the time that man lived with me to do it, and he knew it. Prisoner. The servant must be mistaken by me for I never was at the house since I left Mr. Moffatt; I was in prison very ill, I could not send for some gentlemen in the country. Court to Moffatt. You and this man parted friends? - I turned him away but not for any dishonesty. Q. What do you value this watch at? - Ten pounds. Q. Would it sell for that? - I think it would. GUILTY, Of stealing to the value of 39s .(Aged 33.) Transported for seven years . Tried by the first Middlesex Jury before Mr. RECORDER. 151. GEORGE MUSLIN was indicted for burglariously breaking and entering the dwelling house of Mary Blackmore , about the hour of six in the night, of the 25th of November , and stealing therein, a wainscot box, value 5s. a pair of silver candlesticks, value 81. a silver waiter, value 31. a silver tankard, value 81. a silver pint mug, value 41. four silver table spoons, value 1l. a silver punch ladle, value 10s. a pair of silver salt holders, value 18s. two silver salt spoons, value 3s. nine silver tea spoons, value 18s. a pair of silver tea tongs, value 3s. a silver tobacco box with a pearl lid, value 1l. two gold mourning rings, value 14s. a stone ring set in gold, value 7s. a pair of stone shoe buckles set in silver, 21. 10s. a pair of stone sleeve buttons, value 1s. 6d. a watch with a gold case and a shagreen case, value 10l. a metal watch, value 2l. a metal trinket, value 1d. a silver milk pot, value 10s. a black silk cloak, value 2l. a pair of stays, value 1l. 1s. a cotton gown, value 1l. a silk petticoat, value, 10s. a stuff petticoat, value 10s. three lawn handkerchiefs, value 6s. four muslin handkerchiefs, value 11s. five muslin aprons, value 2l. 5s. a lawn apron, value 2s. a muslin tucker, value 6d. a muslin shawl, value 9s. four yards and a half of silk ribbon, value 6d. a cotton shawl, value 3s. two muslin half handkerchiefs, value 6s. two linen half handkerchiefs, value 6s. four silk handkerchiefs, value 5s. a yard and a half of thread lace, value 3s. three linen shifts, value 5s. three guineas, three bank notes of the value of twenty pounds each, two bank notes of the value of ten pounds each, the property of the said Mary Blackmore . Indicted in a second COUNT for stealing the same things in the dwelling omitting the burglary. MARY BLACKMORE sworn. I am a widow , I live in Tabernacle-row, No. 13, in the parish of St. Luke , I have got a house there, my house was broke open the 25th of November, 1792, by a pick lock key or by some means or other, and I was robbed of a great deal of property, it was between six and seven, about six as near as I can tell, in the evening when I was over the way at worship, called the tabemacle; I went home again to my house about ten minutes after seven, I went away about five, or ten minutes after five, my maid had light candles in my own house before I went out. Q. How did you leave your house? - My maid left it very safe, I left her in the house, my bed room door was locked, the chief part of the things were lost from the bed room; I had the key in my pocket, I am very sure it was locked. Q. Had you the other keys of the house in your pocket? - No. When I came back I saw my servant come home before me and she told me I was robbed. Q. Tell me what you observed? - I did not observe any thing till she told me, and I went to examine my house and I found that my room door was forced open and the locks of my drawers broke all to pieces, and I missed my watch. Q. Was the room door locked or unlocked? - It was unlocked, it stood wide open. Was any part of the door open? - No. Q. Was the lock drawn out or not? - That I cannot tell; I stopped down by the side of the bed, and there I missed my wainscot box, where my plate and things were in, and I missed my gold watch that hanged at the beds head, I turned about to look at my drawers, and I found my drawers all open, and the locks all broke; then I went and examined for my bank notes, and I missed them, they were kept in a drawer in my chest of drawers. Q. How many were there? - Five. I think three twenty's, and two ten's. Q. Have you recovered any of your things since? - At the time that my things were cried I found my metal watch and a pair of metal buckles, and two or three other things; and at the trial of the other prisoners, I had one twenty pound note returned me. This metal watch always hung in the kitchen, it was the gold watch that hung at the beds head, this metal watch was taken at the same time. I have recovered in all a metal watch, a white shawl, a pair of buckles, a pair of buttons, a lawn white apron, and three half handkerchiefs; they were all in the house when I went out to the tabernacle. Q. When you was in the tabernacle did you see your maid there? - Yes, I saw her come in about half an hour after me, into the tabernacle. Q.Did she stay there till the end? - She did. I went home immediately from the tabernacle as soon as it was done. Mr. Knapp. Mrs. Blackmore, this affair happened in November last was a twelve month? - Yes. Q. You prosecuted two men and they were convicted? - Yes. Q. They have been executed, have not they? - Yes. Q. My lord asked you just now, whether you had light candles before you went out from the house? - Yes. Q. How long before? - Ten minutes. Q. You light your candles before it is quite dark? - No. Q. At the time you light your candles will you take on yourself to swear that if an hand had been held up you could not have seen it? - I will not take on myself to say neither one way or the other. Q. How lately had you seen the things before? - The same day. Q. Had you been out in the course of the day before? - I dined out. Q.Who did you leave at home then? - My servant, she is here. Q. How long has this man been taken up? - On my word I cannot say. ELIZABETH ABBOT sworn. I lived with Mrs. Blackmore, I went to the tabernacle the 25th of November 1792. Q. How soon did you go out after your Mistress? - About a quarter of an hour or twenty minutes after. Q. In what condition did you leave the house? - I left the house as I always left it, I double locked the door. Q. Was any body left in the house when you went out? - No. Q. When you returned in what condition did you find the house? - I found the door on a single lock. Q. Did you open it? - Yes, and when I went in I found the place all in confusion, the things were moved out of their places. Q. Was any thing taken away? - Yes, my mistress came in just after me and she found the things gone, the box was taken away from under the bed, the things were taken out of the drawer; I found the candle on the carpet in the parlour, it had been light, but it was put out. Mr. Knapp. The door was locked when you returned again? - Yes. Q. You put out the candle when you went out? - Yes. Court. Was that the candle in the parlour that you put out? - No. I put that I put out at the bottom of the stairs. JOHN ARMSTRONG sworn. I am a police officer; when Muslin was brought to our office, the 25th of January last, I found this phosphorus in his pocket, which he said he kept about him for to light his pipe, as he was obliged to smoke. I found nothing more on him than buckles, hardware, and things that he dealt in. Court. What was this man bound over for? - I was bound over on the former bill. JOHN RAY sworn. I know nothing more than apprehending the other, I know no more of what he stands indicted for here. I know nothing about his having any part of the property. GEORGE DEARING sworn. I know nothing more of this man than he was pointed out to me. Q.Have you ever found any property? - I did in Goodall's house. Q. Did the prisoner live with Goodall? - I don't know, I believe not. Q. Do you know that he ever had any part of the property? - Not to my knowledge. RICHARD FERRIS sworn. I was at the apprehending of the two men that suffered, and I apprehended the prisoner. Q. Did you find any of Mrs. Blackmore's property on him? - No. Q. Do you know whether he ever had any? - No, I do not. ELIZABETH BULL sworn. Q. Do you know the prisoner? - Yes, I think I have seen him. Q.What is his name? - His name is George Muslin. Q. Where have you ever seen him before? - I think I see such a person at Mrs. Goodall's. Q. When? - At the time I lived there, I lived with Goodall. Q. What time was that? - Fourteen months ago. Mr. Goodall went as a watch maker. Q. What connections was there between the prisoner and Goodall? - He used to be there now and then, but he used to be there very seldom. Q. What did he come about? - I never knowed what he came about. Q. Did he ever bring goods there? - No, I never saw him. Q. Did you ever see any goods that afterwards appeared to be Mrs. Blackmore's at Goodall's? - Yes. Q.When was that? - The day the robbery was committed. Q. Who brought them there? - Mr. Goodall and Mr. Mayo. Q. Was the prisoner with them? - No, I did not see him. Q.Was he there that evening? - No. Q. Do you know whether the prisoner had any part of the goods afterwards? - I don't know. JOHN AUSTIN sworn. I know nothing at all of this business. MARY BULL sworn. Q. Do you know the prisoner, George Muslin? - No. Court to Prosecutrix. How did you get these things that you recovered afterwards? - I got them by the means of the officer going and searching the house of Goodall, by the evidence of the girl. Not GUILTY . Tried by the first Middlesex Jury before Mr. Justice BULLER. 153. MARGARET HARTLAND was indicted for stealing, on the 26th of December , two linen shifts, value 4s. a green harrateen curtain, value 2s. a flat iron, value 1s. a copper tea kettle, value 2s. and twenty pounds weight of feathers, value 2s. the goods of John Cockburn , in a lodging room . MARY COCKBURN sworn. I am a married woman; my husband's name is John; I live in Swallow-street ; I let lodgings; I know the prisoner at the bar, she lodged at my house, I cannot say particularly the time that she came, she was taken up the Friday after Christmas day; I look upon it she had lodged with me about seven weeks. Q. Did she take the lodgings from you herself? - She did. Q.Did you know her at the time you let her the lodgings? - No, I did not. Q. After she lodged with you these seven weeks, what happened? - There were the curtains, one was taken away, and the other was tore in two, and I missed my feathers out of my bed. Q.When did she quit your room? - She quitted my room on Thursday, and she was taken up on Friday. Q. Did she say anything to you before she went away, that she was going? - She did not; she went away in the afternoon; the man that cohabited with her was in the room. After that she did not return never any more. I went momentarily into the room as soon as she was gone; I missed the sheets off the bed, the one was torn in two and part left behind, and the other was quite gone; I missed a flat iron, and a tea kettle; the curtain she had tore, was not taken away; I put it in the indictment to let you know what she had done. Q. How many feathers did she take away from the bed? - There is not so many now as I can carry in a pocket handkerchief, it was a well stuffed bed before. Q. How do you know the feathers were taken out? - Because the feathers were not there. Q. Did you see it ripped? - Yes, it was. Q.These things were all let with the lodgings to her? - They were. Q. What was she to pay you? - Two shillings and six-pence a week. After she took the lodgings she had a man come there with her; the man sometimes paid me and sometimes she; he had a wife and three children, but she said, where she was there he should be. Q. How soon did the man come there after she took the lodgings? - I cannot say, very shortly, after a night or two; he was not there when she took the lodging; she took it as a widow. I know nothing of the man of my own knowledge. Q.You sometimes received the rent of the man? - I did. Q.Was you paid pretty regular? - Tolerably, only the last week. Q. Did you ever find any of your things again? - I found some tickets in the room, in a drawer of a bureau, when the place came to be cleared, two days after she was gone. I found the ticket of a tea kettle, and the ticket of a flat iron. Q. You mean a pawnbroker's ticket? - Yes. I went to each of the pawnbrokers and brought them out, and paid for them. I found the tea kettle in St. Giles's, the flat iron in Carnaby-street, and the curtain I found in St. Giles's, the one that was taken away, the other was tore; the sheet I found at another pawnbroker's. Q. Do you know how these things came there? - I don't, only they were in her name. Q. When was the prisoner taken up? - On Friday after Christmas, the day after she left me. Q. Did you see her that day? - I see her at the justice's. Q. The man you say, lodged with her? - But she cleared the man when she was before the justice. Not GUILTY . Tried by the first Middlesex Jury before Mr. Baron THOMPSON . 153. THOMAS BRYANT , JAMES GRIST , otherwise BUTLER GRIST , and WILLIAM PARSONS were indicted for feloniously making an assault on the King's highway, on Thomas Hudson , on the 18th of January , and putting him in fear, and feloniously taking from his person, and against his will, a steel watch chain, value 6d. a stone seal, set in silver, value 1s. two base metal watch keys, value 2d. a canvas bag, value 2d. four guineas, and a bank note No. 6,481, dated, London, 5th December 1793, value 20l. the property of the said Thomas Hudson . THOMAS HUDSON sworn. I live at Sunbury . When this happened I was going to my lodgings, at Sunbury; I was coming from the George in the same place; it was between eight and nine o'clock the 18th of January. Q.Was you alone? - Yes, and I was robbed. Q. Did you see any persons coming up to you? - Yes; the prisoner Thomas Bryant came behind me, I saw him as he was going away with the property, he took the money out of this left hand pocket, and snatched the chain away. Q. Did he say any thing to you? - Nothing. Q. In what manner was your money, loose, or in a purse? - In a purse. Q. Did the chain break of your watch? - Yes. Q. What money was in the purse? - The two notes and four guineas. Q. What notes were they? - A twenty pound note, and a ten pound note. Q. Do you know the number of them? - I do not. Q. Have you seen the notes again? - Yes. Q. Did you know them to be your's? - Yes. Q. How do you know that these notes were in your purse at that time? - I had received them about twelve o'clock that same day, just after twelve. Q.What was it that you perceived the prisoner Bryant doing, when you first observed him? - I observed him go ing away with it, that was the first I observed of him. Q.Was any body with him at that time? - Nobody. Q. Did he take the money before he broke the chain, or after? - Both done at the instant. Q. What then did you pursue him? - I did not; I went home to my lodgings. Q. How far was this from your lodgings? - About two hundred yards, as nigh as I can guess. Q. Did you do any thing that same night? - I did not. Q. When did you see any thing of him again? - Not till he was taken; he was taken on Sunday morning, I believe. Q. What day of the week was this? - The 18th of January, Saturday night, I saw him the next day, he was in the cart going to the justice of peace. Q. Then you had not seen any other person that night? - No. Q. Then you know nothing of the two other prisoners at the bar? - Nothing. Q. What fort of a night was this? - It was a moon light night. Q. Had you ever seen Bryant before? - Yes, I knew him before. Q. Are you sure that you had opportunity enough of discerning him? - Yes, I had. Q. So as to be sure that he is the man? - Yes. Q. Did you know where he lived? - I believed he lived at the gentleman's hot house where he did work, he was a gardener. Q. How long had you known him by fight? - A twelve month. Q. How was he dressed at that time? - I think he had got a coat on, I will not be sure about it, he had no hat on. Q. You did not speak to him at that time? - I did not, nor he to me. Q.How came you not to take him up that night? - I gave the alarm at the place where I lodged. Q. Did any body go from your lodgings after him? - Yes, the constable did. Q. You did not go yourself after him? - No, never went at all. Q. Did you mention his name when you gave the alarm? - Yes. Q. When was it that you either saw your notes again, or your purse? - I saw the purse, I think six days after I lost it, it was found in Mr. Richardson's garden, he lives at Sunday. The gardener is here that brought the purse, his name is Solomon Rose . Mr. Knapp. Pray what are you? - I am a gentleman independent, live on my fortune. Q.Perhaps you have heard that if these men are convicted, there is forty pounds reward? - No, I never heard any thing about it, on my oath. Q. Mr. Hudson, will you be good enough to tell the Court and Jury where you had been this night? - At the George. Q. What time did you go there? How long had you been there? - I think I had been there two hours; I went there between seven and eight o'clock; this matter happened between eight and nine; I had not been in quite two hours. Q.Perhaps being in a public house all that time, of course you drank a little? - I had a pint or two of beer, I had no more than two pint or three pints of beer. Q. Upon your oath had you no more than three pints of beer? Now try and recollect yourself again, and see whether you can recollect yourself drinking seven pints of beer? - No, I cannot recollect any thing about it, I had no more than three pints of beer, and paid for no more. Q. Had not you seven pints of beer? - No. Q. Then if any body was to come and swear that you had seven pints of beer it would be a falsity? - It would. Q. Perhaps you might have had some other liquor? - I had not. Q. No gin? - No, no gin at all. Q. Then if any witness was to swear that you had gin, there he would swear false? - Yes. Q. I take it for granted that you will take on yourself to swear that you was not drunk? - I was drunkish, a little fresh and that was all. Q.Had you been drinking any thing before you came to this public house? - I had been drinking rum and water at Hampton. I drank two three pennyworths of rum and water Q. No gin that night? - No, no gin at all. Q. Was not you mortally drunk when you went out of this public house? - No, I was not Q.Then you had a perfect recollection of what past? - Yes. Q. Now you told the gentlemen of the jury that you was drunkish. Will you state that you have as perfect a recollection of what passes drunk as sober? - I have got as good a memory drunk as sober. I have a very good memory. Q. And it is helped by liquor; when you get half seas over it is brushed up? - Yes; I recollect this transaction very well. Q. Do you mean to let these gentlemen understand that being in liquor, your memory was better than at any other time? - I recollect it very well. Q. Do you mean that you recollect it better because you had liquor? - No, that is not what I mean. Q.Bryant, you say, you knew before? - Yes. Q.Had he been drinking with you? - No, he had not. Q. I believe Bryant was taken up at his own lodgings, was not he? Court. He was not present at his apprehension. Mr. Knapp. Have not you heard that he was found at his own lodgings? - Yes, I have heard so. Q. So that he went home after having committed this robbery? - Yes. Q. And there he was found? - Yes. Q. Will you state to the Court and Jury how you can speak to the person of Bryant? Was he behind you or before you? - He was behind me; I saw him as he committed the robbery perfectly well, as he was turning away from me. Q. It was not till after he committed the robbery that you saw him? - He did not meet me, he was behind me. Q. You stated to my lord just now that you knew Solomon Rose ? - Yes, I believe he is in Court. Q. Don't you know that he is subpocnaed on the part of the prisoner? - Yes, I know he is. Q. Where was he at this time? - I don't know. Q. Do you know Mr. Hansel? - Yes, I know him. Q. If Mr. Hansel was to come here and say that you was so very drunk that you had no recollection about what passed he would say false? - Yes, certainly. Q. I take it for granted you always fixed on Bryant? - Yes, I am certain of that. Q. Do you know a person of the name of Henry Hopton? - Do I know him? yes. Q. Being so certain of Bryant you never fixed on Hopton as committing the robbery? - No, I never fixed on Hopton at all, I fixed on Bryant. Q. He is here? - Yes, I believe he is here. Q.Then if all these witnesses come and tell the Court and Jury that you was in a state of intoxication, so much, so that it was impossible that you should recollect the person of any body, every one of them must speak false? - Yes, they must speak false. Q. You say you live on your property? - I do. Q. You never heard since you was robbed that there was forty pounds reward, on the conviction of a highway robbery? - No, not at all; never in my life. Q.Have not you been in company with thief takers, or constables, since you have been here? Darts and Hawkins have been with you? - Yes. Q. Have you ever learned of them that there was any reward on this conviction? - No. Q. Was you ever in a criminal court before? - No, never in my life. CHARLES HAWKINS sworn. I am a baker, at Sunbury. I received information concerning this matter on the 18th of January, from one Doctor Hansel, at Sunbury; in consequence I went and searched several public houses, this was on Saturday night between eight and nine o'clock. Q. Did you apprehend any body that night? - I apprehend Grist first at his father's house at Sunbury; then I apprehended Bryant in bed, in Mr. Richardson's, back of his place at his hot house, he was a gardener at Sunbury; I took them all the same night. Q. Did you find any thing on either of the prisoners? - No, I did not find any thing on them; I took Grist to the cage; when I came back his father wanted to know where he was; I went with him to the cage, I heard Grist tell his father that he did not do the robbery, it was Bryant did the robbery. I took him before the magistrate in the morning, I found nothing on any of them, but Bryant told me where the property was. Mr. Knapp. What did you say to Bryant before he talked about where the property was? - I said nothing, only insisted on searching him. Q. Did not you tell him it would be better for him? - I did not, it was repeated to him, but I did not say it. Q. Did not you hear some body tell him that it would be better for him? - No, I do not recollect I did. Q. On your oath, don't you know that somebody said, in your hearing, that he had better tell the truth, or something of that sort? - There may may be such words pass, but I do not recollect any thing of the kind. Q. But you recollect the other part of the story, why don't you recollect that? upon your oath did it or did it not pass? - I do not recollect. Q. Will you swear that some person, in your hearing, did not say so? - I don't know about the particulars of it. Q. You may as well, on this case, speak the truth, will you swear that such conversation did not pass; that there was expressed a promise of favour if he would confess? - I cannot tell particularly. Court. Was there any talked of shewing him favour, because he was a young man? - Yes, there was somebody told him that if Mr. Hudson got his property they dare say he would forgive him. Q. Did you get any part of the property that was claimed? - Yes, I found it. Q. Where did you find it? - In the third, the further shed, on the second beam at the back of Mr. Richardson's hot house, I found there the two bank notes, one twenty pound and ten pound, and the purse has been found since. Q. How came you to look for them there? - Bryant told me to search there for them. In the first place he told me he had thrown them over the hedge; I told him I was sure he had not thrown the property away, and I insisted on searching of him; then he told me if I would go and look where I afterwards did, that I should find the two notes there. Q. Did he tell you the second beam in this shed? - He did, under a board in the hot house. Q. What did you do with the bank notes? - I took them before the magistrate; I have got them now. Prosecutor. I know these notes by this paper that they were wrapped in, being my own figuring, and my brother's; they were wrapped up in that paper when I put them in my purse. Hawkins. That is the paper they were in. Court to Prosecutor. You had taken these notes that day? - Yes. Mr. Knapp to Hawkins. What are you besides a baker? - A constable. Q. Did you see the prosecutor that night? - Yes. Q. What time did you see him? - About nine o'clock. Q. He was quite sober, was not he? - No, I do not say he was. Q.Was not he very drunk? - He was not so drunk as what a man may be, he was capable of walking home. Q. And a very good way too; perhaps you have heard of a forty pounds reward? - Yes, but I don't want it. Q. There are three forties if these men are convicted? - I did it for the good of the parish where I live in. Q. Do you know Mr. Hansell? - Yes, he was the man that gave me the charge. Q. Did not he tell you that Hudson was very drunk? - No. Q. Do you know Mr. Hopton? - Yes. Q. You did not hear him charge Hopton with being the person that robbed him? - No, I did not. Q. Now my lord has asked you about this shed; he worked for Mr. Richardson, did not he? - He did. Q. There are other workmen employed in the same place? - There are most an and in gentlemens gardens. Q.Don't you know there are other servants? - If I was to take my oath, to be sure I should say there was. Q. Bryant was found at home? - Yes. Q. You apprehended him in his own bed? - Yes. Q. He had not run away after committing the robbery? - He had not. Q. Any body else might have put the notes there for what you know? - Yes. - DARK sworn. I know no more only picking up the watch chain; I found it on Sunday morning, near the place where Mr. Hudson was robbed, between the George and Mr. Hudson's lodgings, in the high road; I picked it up about seven o'clock. Q. Have you got it here? - I gave it to the constable. Hawkins. I have kept it ever since. Prosecutor. I am sure that is the chain, I know the seal, the chain was broke off by the swivel. Mr. Knapp. Did you see the prosecutor that night? - Yes. Q.Was he drunk or sober? - I think he was rather in liquor. Q. Not so drunk that he could not recollect any thing that he was about? - I am not used to the person, I cannot swear either one way or the other. SOLOMON ROSE sworn. I live with squire Richardson. Q.Did you find any purse, and where? - I had the purse given to me, our carter found it. Mr. Knapp. Do you know the prisoner Bryant? - Yes, I know them all Q. They were all taken in the parish of Sunbury? - Yes. Q. You see the prosecutor this night of this supposed robbery? - Yes. Q. What did you observe with respect to the sobriety of the prosecutor, was he sober? - He was very much in liquor indeed. Q. Do you think from the appearance of him, he was sober enough as to be able to swear to the identity of a person, the consequence of which was to take away his life? - No, I should think not. Q. What character has Bryant maintained in the neighbourhood where this offence happened? - A very good character for honesty. Prisoner Bryant. I have got no more to say than I am very innocent of the matter. HENRY HOPTON sworn. I am a gardener, I live at Sunbury, where all the prisoners live. Q. Do you know Hudson, the prosecutor? - Yes, he lives on his means. Q. Do you remember seeing him on Saturday night, the night this affair happened? - Yes, he was very much in liquor when I saw him, when he said he was first robbed I went to him, to his own lodgings, and I asked him whether he knowed who it was? he said it was either me or Butler Grist; I told him I could give a good account of myself, and asked him whether he thought it was me? then he said no, it was Butler Grist, I asked him if he was sure it was him? he said yes, he knew him perfectly well, he knowed his person, then he said, go and get somebody to take him up, he said he would swear to him the next morning before any justice in the world; and this Butler Grist was taken up, and put into the round-house. DOCTOR HANSON sworn. I am a gardener, and nursery man; I know the three prisoners, I know Bryant, I have known him many years, I never knew a miss thing of him, I have known Hudson about two years, he lives on his means in our neighbourhood. Q. Did you see him on the Saturday that he talks of? - Yes, I went to smoke my pipe at the widow Thomas's, at the George, at Sunbury; it was about six o'clock, when I went in Hudson was there, and was very drunk indeed, and very abusive, with every person, I believe he came in very drunk, and the time he was there he drank three glasses of gin, and called for seven pots of beer, when he first came in he was very drunk, very drunk indeed. Q. Then all this quantity of liquor did not help to make him sober? did you see him go out of the house? - I did not take particular notice, he went out several times in the course of the time, and came in again; the longer he continued the quarrelsomer he was with different people. I said to him as this, you are very troublesome in company, because he swore so very bad and often; I and another took down sixty nine oaths that he swore that evening. Q. Did you ever hear Hawkins say any thing about the three persons, Bryant and the other persons, when he had them in custody? - Mr. Hawkins could not find any thing on them, and he said he would acquit them; if that the prosecutor would acquit them; I said as you have taken them on suspicion, you have a right to keep them in hold, and you are very much to blame to acquit them, and we had words on that, about acquitting of them; the next morning I went to the justice's, to get him to stay at home, before he went to church, to give them an hearing, I went before the prisoners some considerable time, when I came before the justice, Hawkins accused me at the justice's of making Hudson drunk, and I never was in his company ten minutes; after that as I was coming from the justice's Mr. Hudson was having a glass of brandy, and after that I was accused of making him drunk. Q. Did you hear Hawkins talking about any reward? - Yes, when we came out of the justice's he said after a few words, he said you are only angry with me because I have cut you out of the blood money. Q. Are you sure that Hudson had the three glasses of gin that you stated to the jury? - I am sure of it, I set in the room and see him call for it, and called for seven pints of beer, and he was very drunk when he came into the house. The prisoner Bryant called three witnesses who gave him a good character. Thomas Bryant, GUILTY , (Aged 22.) Of stealing but not of the highway robbery. Transported for seven years . James Grist, Not GUILTY . William Parsons , Not GUILTY . Tried by the first Middlesex Jury before Mr. Baron THOMPSON . 154. HANNAH BINNS was indicted for making an assault on Juliet Boyd , in the dwelling house of William Count , on the 31st of December , putting her in fear, and feloniously taking from her person and against her will, an iron box, value 1d. the goods of the said Juliet Boyd, and two bank notes, value 25l each, also her property . JULIET BOYD sworn. I live in Gray's Inn, I live with Mr. Sparkes. Q. Where was you on the 31st of December last? - I went to a place called Parker's-lane , I went to the prisoner's lodgings, and there I was robbed; the house belonged to William Count , he lets lodgings. Q. Do you know how long he lived in the house? - I do not know how long he has lived there, I went there, and was with the prisoner some time, the prisoner lodged there, I went to enquire after a person that she told me was sure to be at her house, a person of the name of Marsh, a young man. Q. What time did you go there? - About twenty minutes before five, on Tuesday, the 31st of December, I stayed there till between twelve and one in the morning. Q. Did the person come that you expected? - No. Q. How came you to stay so late? - I could not go by myself away, being blind, and she went away and left me as soon as she robbed me. Q. What time did she go and leave you? - I cannot exactly say, it might be nine or ten, I heard no clock, and I cannot tell the time; there were two twenty-five pounds bank notes taken from me. Q. Who took them? - Hannah Binns, the prisoner, took them. Q. Any thing else? - A box that they were in. Q. Where was that box? - In my bosom. Q. Did she take it out of your bosom? - Yes, I was set down on her bed, and she asked me to give her something to drink; I had then been there some time, and I had no money, I told her I had no money, but I had two twenty-five pounds bank notes in my bosom; I asked her if she would go down and see if they could be changed, she went out and came back, and said that the man had no change, I then gave her the ring to go down and pledge, and get fifteen shillings on it; she went and kept the money, and brought some brandy, and gave me some, and drank some herself, afterwards I sat on the bed, and leaned on my bed, and she thought I was asleep, she put her hand into my bosom, and took the notes our; I said to her if you take them I must never go home no more; I wanted to take hold of her; but she got from me. Q.Were the notes your own? - Yes, but I said so because I knowed if I lost them it would cause such uneasiness in the family, and I was afraid I should always here of it, losing them in going into such a place. Q. Have you ever got your notes again? - No, neither of them, she sent a woman up stairs to take me down when she went away, and I charged the watch with that woman; when I came to the watch-house they detained me till I told who I was. Q. When did you hear any thing of the prisoner? - I believe it was about three weeks or a month after, when she was taken. Q. Did you ever have any part of your property? - No. Mr. Knapp. Miss Boyd, no property that you lost has ever been found? - No. Q. No charge was made against the prisoner till three weeks afterwards? - Yes, there was. Q.When you went to Parker's-lane, did not you go to the Golden Hart, a public house? - I did. Q. Who might you enquire for there? - For a Mrs. Birch, that she gave me the name of. Q.How long did you stay in the public house? - I did not stay long in the public house the day that I was robbed. Q. Did you take any refreshment there? - Yes. Q. What did you drink? - I drank a glass of brandy. Q.Perhaps you drank more than one glass? - No, I did not. Q. Who is this Mr. Marsh that you had a view of seeing is he not a person of very bad character? - It was unknown to me at first. Q. This Mr. Marsh you have heard has been transported from this very place? - I have. Q.How came you to go after him? - The way I got acquainted with Mr Marsh was, the prisoner lived in a house in Cary-street, I went to visit there, I was taken into the parlour, this Mr. Marsh was there, he passed as an excise man, and through that means I kept company with him for two or three months. Q. How long had you had these bank notes in your possession? - They were given me by my brother-in-law, the 29th. Q. How many had you? - Two. Q. Do you always make a point of carrying them about your person? - I carried them there because the person that I left in the chamber was an entire stranger to me. Q. Did you ever hear there was such a place as Parker's-lane before? - I never heard before, Monday. Q. Did not you find it was a common house, for the reception of women? - I understood that she was a married woman, and a bricklayer's wife. Q. You don't understand it so now? - I do not to my sorrow. Q.This property has never been found? - No, no further than she had it, and bought herself things with it. Q.You are blind, and never could see the prisoner at all? - No. - SPARKES sworn. I know nothing about this business, I only know that I took two bank notes out of the iron box, and gave them to the prosecutrix. Mr. Knapp. Did the prosecutrix use to go to Parker's-lane? - Not that I know of, she lived in chambers with me. EDWARD TREADWAY sworn. I took the prisoner into custody the 29th of January, and searched her, and found nothing on her Prisoner. I know nothing at all about this here woman. GUILTY, Of stealing, but not of the assault .(Aged 21.) Transported for seven years . Tried by the first Middlesex Jury before Mr. Justice BULLER. 355. JOHN CARDIN was indicted for making an assault on the King's highway, on Francis Lowndes , Esq . on the 17th of January , and putting him in fear and feloniously taking from his person and against his will, one guinea, one half guinea and nine shillings, in monies numbered, the monies of the said Francis Lowndes . FRANCIS LOWNDES sworn. I was robbed in the back lane, of St. Giles's in the East , nearly about ten o'clock in the evening, on the 17th of January; there were two attacked the coach, I was in a coach, returning from Blackwall, in the lower part of the back lane, where the roap-walks are; the coach came as coaches do in general, not very fast; I saw a man on horse back from the bench pass me, and not making an attack at the time, I thought no danger, about ten minutes after, the coach suddenly stopped, and something hard was put on the glass, I looked, and the prisoner at the bar was at the window, with the muzzle of a pistol against the glass; I put the glass down, and he put the pistol in, and demanded my money; I told him to put the pistol down and he should have the money; and during the time I was putting my hand into my pocket, he said quick, quick; and I gave him the money, and he turned his horse, and said come along; I then looked out and saw another man. Q. Did he put the pistol up when you told him? - He did not. Q.What money had he? - A guinea and a half, and nine shillings, as near a I can tell. Q. What sort of a light was there? - It was moon light. Q.Did you see enough of the prisoner to be sure of his person again? - His person I had surveyed before, and the horse, it was a horse rather remarkable marked, and his face, during the time of the robbery, he covered with his handkerchief, I did not see his face at that time Q.Had you seen enough of his face before? - No, I cannot say I had. Q. Are there any other circumstances by which you think you should know him? - By the general appearance of the horse and man, his coat and dress. Q.What became of the horse? - The stable keeper is here, who hired him the horse; I have seen the horse, and I am sure it is the same. Q.Have you any doubt about the prisoner being the man? - Yes, I should not like to swear to him, because his face was covered. Prisoner's Counsel. On your examination before the magistrate you entertained great doubts, and did not speak so positive as you have now done? - I said the general appearance of the man left no doubt in my mind, but on account of his face being covered I would not take on me to swear to the man. Q. He was remanded to a second examination? He was. Q. And you still had the same doubts? - I had. Q. I believe he was remanded again on account of this circumstance? - It was not, it was on account of the other man. Q. What figure was the other man? - Not at all like this, a short man. THOMAS MUMFORD sworn. The prisoner hired the horse of my wife, I was not present, I was told so when I came home, he hired it on Thursday the 15th. Q.Did you ever see the horse in the prisoner's custody? - Yes, on the 16th, the next day he came and I was then at home, and spoke to him, he came in the morning between eight and nine o'clock, he said he wanted to go to South Mimms, I said Cardin I shall not let you have the horse to go to South Mimms except you keep the horse all night, he made answer then he should, he said he had got an aunt dead, and he was going to receive some money; I told my postillion to receive the money for the horses before they took the horses out; the prisoner came in to me, and he said I have not got above two guineas, and I borrowed that of David Jones in Whitechapel, in order to carry me down; well, well then says I, you shall have the horse without the money, I let him have it, he came back with it, I think on the 12th, the Sunday following, I saw it about half past twelve at night, it was a red rone and a bay swiss tail mare; he and his companion had two horses. Q. Do you know which the prisoner rode? - The red rone. Q. Has Mr. Lowndes ever seen that horse since? - Yes. Q. Is the horse that was shewed to Mr. Lowndes the horse that was brought in by the prisoner that night? - Yes, it is, I had information sent me where they put up their horses that night, that my horse was in very great danger, they came in the Sunday morning two o'clock, quite melted down, I sent my man to the stable, but I did not see it till it was brought back again to my house. Prisoner's Counsel. If you recollect at the time that application was made for this horse, the prisoner said it was not for himself, it was for an acquaintance? - He said it was for himself, his aunt was dead. THOMAS MUMFORD , junior, sworn. I am twelve years old, I live with my father; John Cardin was the man that hired the horse, and he brought it back again. Q. Did you see which he rode? - Yes, the red rone. ROBERT DAWSON sworn. I know no more than Mr. Mumford had the prisoner stopped, and delivered to me, I found nothing on him at all. Prisoner. I leave my defence to my counsel. The prisoner called two witnesses who gave him a good character. GUILTY . Death . (Aged 26.) Tried by the first Middlesex Jury before Mr. Justice BULLER. 156. WILLIAM CRANNEY was indicted for stealing, on the 1st of Febru ary , a gelding, value 20l. the goods of William Adams . WILLIAM ADAMS sworn. I live in Rood-lane, Fenchurch-street. Q. What have you to say about the loss of this gelding? - The gelding was mine, I turned him down to grass, at Bagley's and Hope's, at Upper Chapton , on the 6th of December; I saw him three times from the 6th of December to the time he was lost, I saw it about a fortnight before this happened. Q. When did this happen? - The first of this month; I knew nothing of the horse till I see him dead. Q.Had he the skin on so as you should know him? - Yes. Q. What day was it you saw him? - I saw him on Tuesday the 2d of February, the constable fetched me to prove that it was my horse, it was at Mr. Blinkworth's yard, the constable had got leave to put it there, until he found out who it belonged to; Mr. Blinkworth's yard is in Holywell-lane. Q. How long had you had this gelding? - About four years. Q. Were there any marks by which you could know him? - Yes, I could know him almost from any horse in the world, Mr. Bevan had taken off a large wen, which growed just under the brisket of the fore leg, it weighed fifteen ounces, and there had been several warns taken off his face; the wen was cut off about a year and three quarters ago, and there was a wen grown in his groin. Q. Who took off that wen? - Mr. Bevan and Jackson, farriers; they had cut off one of his ears to disguise him, and the tail and mane, and made him all over dirt, as possible a horse could be. THOMAS HAWKES sworn. Q. Have you any thing to do with the grounds of Messrs. Bagley and Hope? - Yes, I am a servant to them for that purpose, all the horses that are taken into this marsh, I have the care of them. Q. Do you remember this gelding of Mr. Adams's coming there? - Yes, but as to the day of the month I cannot say. Q. When was it you saw the horse fate there the last time? - About eleven o'clock on Saturday, the first of this month I saw it, I missed it on Sunday morning the second; I found him dead in Holywell-lane on Tuesday morning, in Blinkworth's yard. Q. Do you know any thing of your own knowledge how the horse went away? - No, I do not. Q.You are sure the horse that you saw there was the same horse that had been turned into your Marshes? - Yes Q. He had a remarkable wen cut off, we understand? - Yes, he had; I took particular notice of all his marks, for fear he should be lost. ELIZABETH SEABROKE sworn. I live in Holywell-lane, in Baker's-court. For about these twenty years I have bought horses for horse flesh, dead and alive; the young man that I bought this horse of told me he was glandered. Q. Who was the young man? - The young man that came to me, William Cranny , the prisoner. Q. When did he come to you? - On Saturday night the 1st of February, between seven and eight, as near as I can guess. Q. Did he bring a horse with him? - Yes, he said he had brought a horse to sell, that the gentleman said it was glandered, he said somebody had sent him, but I don't know who; I have had many horses of gentlemen that he has lived servant with, dead ones, out of their yards; he said he was to ask me a guinea, but I could not give a guinea for any horse to kill this time of the year; he said I must tell him what I could give him; I told him eighteen or nineteen shillings was the most I could give; he said, he was ordered to take the most he could get, and he was to have a crown for his trouble. Q. Did you agree? - Yes, I gave him eighteen shillings and six pence; he left the horse with me, and he had the money. I brings all my horses to Mr. Boswell's, in Cow Cross, ever since my husband has been dead, but I could not bring it down that night. Q.Had you said any thing to the prisoner about taking the horse any where for you? - He said be could leave it down in King John-court; I said it would be lost for I had no stable. This King John-court is a place where rubbish lays; I told him if he left it there, it would be lost, and I had nobody to kill it, I could not lead it down myself where I usually kill them; he said, then if I had nobody, he said, he would kill it, that is all. Q. Did he kill it? - I never saw the horse, only going by the window when it was alive. Q. What became of the horse? - The gentleman gave it to the officer. Q. You paid him the money? - I did. Q. Where did you bargain for it? - In the public house, I paid him the money in the public house. Q. What became of the horse after you bought it? - I don't know. Q. You saw the horse when you bargained for it, did not you - Yes, I saw it go by the window, and I saw it tied to a past. Q. Did you see no more of the horse? - No more at all indeed. I continued in the public house; I had been very bad all the week. Q. Then what became of the horse after it was tied to the post you don't know? - I do not. Q.Did you ever see the horse after you bought it dead or alive? - I never did upon my word. Q. What sort of a horse was it? - It was a dark coloured horse. Q. Did you desire any body to take care of the horse for you? - No, it was killed in King John-court. Q.Was that your agreement, that he was to kill it in King John-court? - Yes, that was the agreement. Q. You had said before that he said he would leave it in King John-court? - No, I understood it that he killed it in King John-court, I told him I had nobody to kill it; he said he would kill it for me; I understood that he would take it into King John-court, and kill it for me. Mr. Knowlys. You have been in this horse business for these twenty years? - Yes. Q. What colour the horse was of you don't know? - It was dark, I had a candle, and the wind blew it out. Q. Then you never saw the colour of the horse? - I did not upon my word. Q. This horse was brought between seven and eight o'clock, you did not permit it to be killed. You know there are a number of regulations concerning this horse business? - My horses were always looked over at Mr. Boswell's. Q. Then they took you up on this affair? - They took me up on Sunday night. Q. You was to answer for that, being a horse buyer, you know you must not kill a horse after six o'clock in the evening? - I don't know that really. Q. Don't you know that you must give notice before you kill a horse? - I know there is an inspector, I always take them down alive, if I am able. Q. You know if this horse was found killed you have to answer for a very serious case. You know that, don't you? Q. You was taken up on Sunday night? - Yes. Q. You told them that you had it of this man? - I knew this young man for three or four years, and I never knew him do any thing amiss before in my life. ROBERT COOKE sworn. I live in George-yard, Shoreditch; I know nothing about the horse, nor about the man; the constable brought me here. JAMES MESSENGER sworn. On Sunday morning the 2d of this month, I got up in the morning, and I saw this said gelding very near my door, I saw it about nine o'clock; I live in Foster's buildings, where I live comes into King John-court. Q. On finding that horse lay dead, how did it appear? did it appear to to have been killed, or how? - It had been stabbed. Seeing the horse in such a place, thoughts arose in my mind, I asked who it belonged to? I heard it belonged to Mrs. Seabroke; there was a gentleman there who suspected it to be his property, but it did not prove to be his property. From the information I received of the daughter of Mrs. Seabroke, I went and apprehended the prisoner, I found him in Pevitt's-court, Holywell-lane, in the same house where Mrs. Seabroke lives; I then took him to the watch-house; I asked him how he came by it in the watch-house? I made the best haste I could with him there, I locked him into the cage, and locked myself in. Q. Did you make him any promise or threats? - No; I asked him how he came by the said gelding? Q.Did you tell him that he was apprehended on account of a horse? - I did; he told me that he had it of a man at the Horse and Groom, at Stamford-hill; I asked him what sort of a man, did you know him? he said no, he is a tall man, but he said he should know him if he was to see him again. I then left the watch-house and locked him up; I goes down to the watch-house in the afternoon to take him down to New Prison; to secure him, I pulled out a pair of hand cuffs; for God's sake, says he, don't iron me, for I am not guilty of it; says I, I think I shall be able to tell you that I have found out an owner for the horse, in order to try if I could discover any thing of him; he seemed very much affected; I don't recollect any answer. Q. What was done with the horse? - Before I took him to the New Prison I went and got the horse, and drawed him from this place into the premises of Mr. Blinkworth's; after I had taken the horse I then attended the examination in the morning. Q. Was you present when Mr. Adams saw that horse? - Yes. Q. Was it the same as you saw lying in the morning? - I am very certain of that; I had taken its marks before. Q. Was you there present when Mr. Bagley's man saw the horse? - I was. Q. Is this place where you found the horse a great thoroughfare? - No; but there is a vast quantity of horses come down of Mr. Blinkworth's and another person's that lives there, but a strange horse I do not recollect ever seeing. Mr. Knowlys. You don't know what house you saw this man in, was it a public house? - No, a private house, in the lower apartment of the house where Mrs. Seabroke lives. Q. Who is Cooke? - He now follows the lumping business, he was a dustman. Court to Cooke. You are bound over as a witness. What do you know about this horse? - I know nothing at all about this horses the prisoner spoke to me about a horse before he brought the horse, on Saturday about seven o'clock at night. Q. Had he any thing with him then? - No, not that I saw; he asked me what price dog horses fetched? I said, there was all prices, according to what flesh they had on their bones they gave for them, I saw no horse. Prisoner. I leave it all to my counsel, and you gentleman. THOMAS BROWN sworn. I live in Kingstand-road, opposite the King's Head; I am a cabinet-maker; I was in business in Brewer-street, Golden-square; now I do business in the brokery line; I know the prisoner at the bar, and his father and mother; I have known them for some years. Q. Do you know any thing respecting this horse which he is charged with stealing? - I will tell you the truth as near as possible in a few words. I had been to Tottenham about some business of my own, (it was Saturday the first of this month) coming home I met with the prisoner, and he told me that he was going to London, to buy some shoes and stockings. Q.Whereabouts was it you first light of him? - Near Stamford-hill, on the London side of the turnpike, but I am not very particular; the prisoner came up to a man who was leading a horse, and they seemed to know each other, he called the prisoner by his name, and he said, I have got this glandered horse to sell, and he asked him if he would go and sell it for him? and he would give him five shillings for his trouble. Q. About where was it he sell in with this man? - Near about the brow of the hill. He told him he was to ask twenty-five shillings for the horse, and he was not to sell him for less than eighteen shillings, and when he had sold him he was to carry the money to him some where about the Horse and Groom. Q. Is there such a sign as the Horse and Groom at Stamsord-hill? - I believe there is, I did not know that ever I was in it. Q. What followed? - I left the prisoner; I went away about my business, and I saw no more of him, Cranny took the horse from the other, and I left them together. Q. How came you to be applied to on this business? - Knowing the father and mother for some time, and being informed the prisoner was brought into confinement, I recollected seeing him, and he told his father and mother about it, and they came to me, and I related to them as I have to you. Q. Do you know any thing of this man yourself that applied to him to take this horse? - No. Q. How long have you lived at Kingsland-road? - About five years. Q. How long have you lived in your present house? - About a year and a half, it is opposite the King's Head, Kingsland road. Q. What character has this lad, Cranny, borne? - A very good character as ever I heard. Q. How does he support himself? - By working at different butcheries, sometimes he is a gardener and works at husbandry; he has been in the butchering line, a pork butcher. Q. Was he ever brought up to a certain business? - No, I believe he was not. The father has had a large family of fourteen children; there is ten living now, one step above another, and he is the eldest. Court. Did you go with the father and mother before the magistrate, when he was charged with the offence? - I did not know of it till after the time; he was in confinement here before they applied to me, I believe; I believe he was intoxicated in liquor at the time they took him up. Q. So that you imagine he did not recollect that you was with him at first? - Yes. Q. Which way was he going when you first saw him? - He was coming towards London, and I was going the same way, I overtook him. Q. How long had you been with him before you met with this man and horse? - About a quarter of an hour, or ten minutes. Q. Which way was the man coming with the horse? - He was coming towards London. Q. Did he give any reason why he did not go himself to London with the horse? - He said he was busy, and if he would go with it, he would give him five shillings for his trouble. Q. Then you and the prisoner did not come to London after this? - No, I left the prisoner there. Q. Now what size man was this? - He seemed to be a middle size man, a shortish man, not a very short man, I did not take any very particular notice of him. Q. He seemed to be an acquaintance of his, they seemed to know one another? - I cannot tell whether they did, I did not ask them any questions. Q. Did you take notice enough of this horse to know whether it is glandered or not? - I don't know a glaudered horse if I was to see him. The prisoner called three other witnesses who gave him a good character. Court to Messenger. Where did the prisoner tell you that he had the horse? - He said he met a man at Stamfordhill, that he was at the Horse and Groom door when the man came up to him; it was a man that he did not know, but he should know him was he to see him again. Jury. He told you that he was a tall man? - He did; that he positively spoke of two or three times during the time we walked to New Prison. Court to Prosecutor. Had your horse any thing of the glanders belonging to it? - No, nothing at all in the least, you may depend upon it. Court to Hawes. Was it any thing of a glandered horse that you saw? - The horse was as clean as could be from any thing of that kind. Messenger. I was desired, by the magistrate to get it examined by a farrier, and it was not glandered, nor never had it. Court to Prosecutor. What was this horse worth? - I should have been sorry to have taken twenty guineas for him, he was such a good horse to ride. Court to Siabroke. When you was taken up you said you had the horse of this man; did you know his name? - I did, I knew him before very well. Jury. Had he ever sold any horses to you before? - Never. GUILTY . Death . (Aged 20.) Tried by the first Middlesex Jury before Mr. Baron THOMPSON . 157. WILLIAM STACEY was indicted for feloniously stealing, on the 16th of January , a cotton counterpane, value 5s. a pair of linen sheets, value 10s. a looking glass, in a walnut tree frame, value 1s. 6d. a base metal candlestick, value 18d. a pair of linen pillow cases, value 1s. 6d. two paintings on canvas, value 5s. the goods of Thomas Pragg , in a lodging room . MORIAH PRAGG sworn. I am the wife of Thomas Pragg; I let the lodgings myself to the prisoner, my husband is in Bedlam. Q.What was he to pay for the lodgings? - Two shillings a week. Q. Were they ready furnished lodgings? - Yes. Q. When did you let them? - The 16th of January last, nine o'clock in the morning, on a Thursday. Q. Did he go into the lodging after he had taken them? - Not till that night. The prisoner came to the lodgings at half after ten; there was no person in the house besides myself and children. Q. When did you miss any of the things? - The next morning at nine o'clock; I sent my daughter up into the room, and she came down crying, and told me, and I went up stairs immediately myself, and I found all the articles missing mentioned in the indictment, every thing that is there. Q. When did you see the prisoner again? - Not till the latter end of the next week, I cannot recollect the day; I made application to the constable. Q. Do you know what time the prisoner went out in the morning? - I cannot say I do, but there is a young man present does. Q. Are you sure that the prisoner is the man that took the lodgings? - Yes, I am. Q. Did he say any thing at the time that you saw him? - He said nothing at the public house, but only denied me before the alderman that he never see me. Q. Have you ever seen any thing of your things since? - No more of them. Prisoner. Ask her is she has any other lodgers in her house? - Yes, there is one of them here, there is a woman, and a man, and a young man. Q. Be so good as to ask her if any of these lodgers can go out in the morning without being discovered by the family? - Yes. Q. Whether she has not an inscription in her window with lodgings wrote on it for single men, and whether when I came to her house she asked where I live, and whether she went to enquire after my character? - Yes, I did; he told me that he served his time at Mr. Goldings, in Aldersgate-street, and he came with the shavings hanging about his apron. Q. Did you see me take any property out of the house? - No. JANE PRAGG sworn. I am going of thirteen. Q. Did you ever take an oath before? - No. Q. Have you not been before the Grand Jury? - Yes. Q.Was you before the alderman, at Guildhall? - Yes. Q. If you tell stories or swear false, what will become of you? - Go to Hell. Q. What do you know about this affair? - I know the prisoner came to take the lodging in the morning. Q. Was you present? - Yes. Q.What was he to pay for the lodging? - Two shillings a week. Q. Now look at that man, and see if that is the man? - Yes, that is the man. Q. Did he come to the lodgings that day? - Yes, he came at ten o'clock at night; he sat down about a quarter of an hour by the fire before he went to bed. Q. Did you see him go away the next morning? - The young man saw him go away at six o'clock. Q. Did you see him afterwards? - No. Q.Was the articles mentioned in this indictment missing? - Yes. Q. Did you see the articles in the room? - Yes. Q.Was he to have them for the two shillings? - Yes. Q. How soon did you see him again? - I did not see him any more. Prisoner. What day was it I took the lodgings? - Thursday morning, and he robbed my mother the Friday morning. Court to Mrs. Pragg. Has there been a statute of lunacy taken out against your husband? - No. Q. Do you see him at all? - Yes, I see him this morning before I came here; he is a great deal better than he was. Q. Is he sensible at times? - Yes. Q. Did you ever say any thing to him about these lodgings? - I was fearful to do it, for fear of making him worse. Q. How long has your husband been in confinement? - Ever since the 5th of October last. WILLIAM REDERICK sworn. I am a lodger in this house. Q. Do you know what time the man was in that took the lodgings? - About ten o'clock at night. Q. Did you see him in the house? - I see the back part of a man, something of him, pulling off his shoes or boots, stooping in that apartment that he took. Q. What time was that? - At night, about ten o'clock. In the next morning I heard some man get up about six, and he went down about ten minutes or a quarter after six. Q. Then you don't know the prisoner so as to swear to him? - No. JOHN KING sworn. I am a constable. The prosecutor applied to me, and said she had been robbed, about the 20th, and asked me if I knew the prisoner at the bar? I told her I believed I did, and that I thought I could find the person, (it was Monday morning) I looked about for the prisoner for a few days, I heard of him, and went and broke into his room, and took him. Q. Where did you find him? - In his lodging room in Grub-street, he said he knew nothing at all about it; I took him to a public house and there were a ten or a dozen people, the woman and child come, and both said that was the man. Prisoner. This woman owns that her house was a common lodging house, I think it is a very unlikely story that that man saw me in the room and yet he can give no description of me. As the lodgers can get out of themselves at what time of the morning they please, they may take the things themselves. I am really innocent. Not GUILTY . Tried by the London Jury before Mr. RECORDER. 158. JOHN EVANS was indicted for that he on the 17th of November, in the 14th year of his present Majesty's reign, in the parish of St.Botolph, without Bishopsgate, did take to wife one Mary Willis ; and then afterwards, on the second of June, in the 33d year of his present Majesty's Reign , at the parish of Saint Botolph, without Aldersgate, did take to wife one Mary Lavender , and was then and there married to her, the aforesaid Mary Willis , his former wife, being then and there alive . The case opened by Mr. Gardiner. THOMAS HARSOP sworn. I produce the register book of the marriages in Bishopsgate parish without(reads) " John Evans , of this parish, widower, and Mary Willis , of this parish, widow, were married in this church by Banns, this 17th of November 1773, by me, John Waring . This marriage was folemnized by us John Evans and Mary Willis , in the presence of Joseph Clarke and Elizabeth clarke." I know Joseph Clarke was Sexton at the parish of Botolph, Bishopsgate. I know he is dead. Q. Do you know the hand writing of Clarke? - No, the other subscribing witness is Elizabeth Clarke , and from this circumstance only I am able to judge that that Clarke is the sexton of the parish, and I will explain it to you if your worship will give me leave. It very frequently happens that persons come to church to be married without bringing friends with them, in which case the officers of the parish are under the necessity of signing their names as witnesses; if the marshal was here he could tell, for it was his father and mother. MARY LAVENDER sworn. Q. Do you know the prisoner at the bar? - Yes. Q. Was you ever married to him? - Yes, in Aldersgate church. Q. At what time? - I do not recollect the time. Court. Don't you recollect the time when? - The second of June. Q. In what year? - I don't know, it is nine months the second of last month. Q.Was you a single woman or a widow? - I was a single woman, and I did not know but that man was a single man. Q. How long have you lived with him? - I have not lived with him at all, I was in service when I was married to him. Q. You consummated the marriage, did not you? - Yes. Q. You were bedded together, were not you? - Yes. Q. Did you continue in your service? - Yes. Q. You cohabited with him from time to time? - No. Q. How soon did you part? - We parted after that I heard he had another wife. Q. When did you first hear that? - It was a month ago. Q. Did you ever since that time see him in company with that other wife? - No, I never did. Q.When you heard that he had got another wife did you refuse seeing him? - Yes, I did. Q. Did he call on you? - Yes, and I refused seeing him. Q. But till you found this out he used to visit you occasionally? - Certainly, but I was in service. Q. And you lived on good terms as man and wife till this? - Certainly. Q.Have you any body that was present at the marriage? - Yes, I have a witness that was present. Q. You say it was nine months the second of last month, and then you say it was the 2d of June, which was it? - It was the 2d of June when we were married. Q. Do you mean to insist upon it it was the 2d of June? - It was. Q. Then how do you know it was nine months? - I am sure it was the 2d of June last. Mr. Gardiner. When did you see the last wife? - I see her on Saturday last; she says she is his other wife, she was at our house. Q.What was her name? - Her name was Mary Willis , before she married Evans. Q. Do you know what her christian name was? - Yes, Mary. Q. Was the prisoner present at the time? - No, he was not. Q. Then you did not know any thing of him till lately? - No, I did not. SARAH HEWLETT sworn. I know the prisoner at the bar. Q. Do you know his first wife? - I do not. Q. Did you ever see him and his first wife together? - Not his first wife, I have not seen her; I was present at the second marriage, on the 2d of June, he was married to Mary Lavender, it was at Aldersgate church, she was a single woman, the woman that is in court. Q. How came you to be there? - I was an acquaintance of Mary Lavender's, that is all. Q. Have you seen the husband at any time besides the day of marriage? - Yes. EDWARD JENKS sworn. I am a ticket-porter and constable, I was sent for by Mary Lavender's master, last Thursday night, to serve the prisoner with a warrant, I went to him with the warrant, and took him. Q.What did you say to him at that time? - I told him I had got a warrant against him, and he must go with me. Q. Did he say any thing to you particularly at that time? - Not at that time, I took him from Serjeant's Inn, and from there to Newgate; he said if he should be cast he should petition the judge to go to sea; the clerk said there was no occasion of his saying any thing about his going to sea, till he knew he should be cast; as he was going to prison he said he thought the old woman ought not to have the goods, and if I saw Mary Lavender , to tell Mary Lavender that he would sooner be hanged at the Old Bailey, than live with the old woman, for she had sent him to sea. Not GUILTY . Tried by the London Jury before Mr. RECORDER. 159. THOMAS WILSON was indicted for stealing, on the 18th of January , an iron eight inch dead lock, value 5s. 9d. an iron padlock, value 3s. 6d. three brass hinges, value 12s. the goods of Henry Downer , privately in his shop . HENRY DOWNER sworn. I am an ironmonger , No. 153, Fleet-street , I was robbed on Saturday the 18th day of January. Q. What time of the day? - I don't know, I was at home the principal part of the day but I cannot say what time of the day the goods were missed; Pullen, the broker, who stopped the prisoner, went down to several ironmongers, and among the rest to me, having seen such in my shop; we had missed the articles. Q.Do you know that of your own knowledge? - No, but from my servants who are here; we went some days after this with Pullen, to the Borough, and saw the goods in Union Hall. Q. Did you know those goods that you saw there? - Yes, I did. JOHN PULLEN sworn. I am a cabinet-maker. Q. Are you a constable? - No. The prisoner came to my shop on Monday, the 20th of January last, and brought me these things, and offered them to sale. Q. What was it the prisoner brought for sale? - He brought two locks, and three hinges, an iron eight inch dead lock, and a padlock; I live in Princess-street, Lambeth, he came into my shop, and he pulled out this padlock, and said will you buy this padlock? I said what do you ask for it, he said eighteen pence, and I knew very well that that padlock must be worth five shillings; then he pulled out this eight inch dead lock, and the fcutcheons, and screws, and two brass hinges; and I said to him my friend, where did you get them? poh, poh, says he, hold your bother, give me five shillings, and let me go about my business, I found him in Chancery-lane, says I, where is the other hinge? he said he would go and fetch it, when he went away for the other hinge he returned and brought me a bed winch, and a common lock, and then I said, my friend, you must go along with me to Union Hall; says he with all my heart, but what for? says I, I don't think you have come honestly by these things; I took him before a magistrate at Union Hall, and the things were advertized by the magistrate, and I went round to different ironmongers, where I used to deal, to enquire whether they had lost such things? and I got to Mr. Downer's on the Thursday following, I went into Mr. Downer's, and I asked if they had got any hinges of this kind? they said they had, and they brought down one to match it; I then asked if they had lost some? they said they had, and Mr. Downer and servant went with me to Union Hall, and they saw all the things, and they owned to them. Q. Now the things that you took from the prisoner, have you kept them from that time to this? - I left them with the magistrate at Union Hall. Q. I hope they were not confounded with the things that were brought from the shop? - No, they were not. Q. How soon did you recover them? - One of the men of the hall brought them to me again. Q.Was any mark put on them at the hall? - No. Q. How do you know them to be the same that were left in the hall? - I can swear they were the things that I had in my possession, I left them with the magistrate on the table, the magistrate took charge of them. RICHARD OUSY sworn. I am a shopman to Mr. Downer. Q. What is Mr. Downer's christian name? - Henry. Q. Has he any partner? - No. I know these three hinges, they are the property of Mr. Downer, by the private mark that is on them, I missed the three hinges, and the eight inch dead lock; on Saturday, the 18th of January, I opened the paper of those hinges, to few a customer with them; the prisoner at the bar was in the shop, and I left him in the shop; it was about five o'clock in the afternoon, on Saturday, I saw him twice before that day, in the same shop, he came with small locks, to fit little keys with them, afterwards I left him in the shop. Q. Was any body in the shop when you left him there? - Yes, six or seven people, some of them strangers, and some of them servants, when I returned I missed the locks, and three hinges. Q. How long was you gone? - About three quarters of an hour. Q. Had you sold any of these hinges to the prisoner? - Not any of them, they lay on the counter for about three hours, before he came in. Q. Were they on the counter at the time that he came in? - Yes. Q. Was he near that counter? - Yes, he was, he had been in the shop about half an hour before I went out, and I left him in the shop. Q. When you came back did you find him there still? - No, he was gone, I never saw him any more, till I saw him at Union Hall. Q.How came you to go to Union Hall? - By the broker's calling at our house; he called on the Thursday following. Q. Where did you first see any of your goods? - At Union Hall. Q.Was that exactly the quantity missing? - Yes, exactly. Q. What do you identify, the whole, or only part of them? - The padlock I know to be on the counter that very day, here is our private mark, I had received it of a customer returned; the inch dead lock I had had in my hand before that day, I had four of them on the counter, and I missed this one, which the prisoner took away; I know it by a private mark that is on the bolt, the name (Tarratt) these three hinges were opened in a paper to shew to a customer that evening, and he did not take them; I know the hinges perfectly again, by a certain scratch that was on one of them. Q. Now the things that you saw who put them into your hands? - Pullen. Q. Do you think they were the same articles? - I am certain of them, I examined them particularly at Union Hall and they prove to be the same now as then. Court to Pullen. Did you put into the hands of this man the same as you took from the prisoner? - Yes. Court to Downer. When was it you was at Union Hall? - I do not recollect the day I was there, I think it was two days after the broker called on me, and informed me that such things were there. Q. Can you identify them more than your servant has done? - No, I cannot. Q. What is the value of them? - Upwards of twenty shillings, they cost me more. Q. How many more have you in this shop? - Three shopmen, and an apprentice. Q. Are they here? - They are not. Q.Is it your own mark, or your servants? - I believe it to be the writing of my shopman, not the mark of any man present because this shopman has not lived with me above two months. Q. To Ousy. Do you know of your own knowledge that your dealer has not sent to any shop besides your's any dead docks of the name of Tarratt on it? - We wrote to him particularly about this, and he sent word back that he had never made any for any man in England besides Mr. Downer, not locks of that size, with the name. Q. Had you sold any with the name of Tarratt on them? - We had not. Q. Had not you sold some hinges of this sort? - Yes, some, we had sold three pair, but I had a perfect knowledge of these hinges, I had rubbed one of the joints of them. Q. As to the padlock you had sold some of them with the private marks on them? - I never have, others in the shop might have done it. Prisoner. On the 18th of January, I was accused by Mr. Downer and servants in the shop of being in the shop that afternoon which I was at work that morning from seven till six in the evening, in Little St. Martin's-lane, along with Mr. Shaw, the master that I worked with, and I was paid for my time. Q. Do you know the day of the week? - Saturday. Jury. Is Mr. Shaw here to prove that you was at work on that day? - No, he is not. GUILTY, Of stealing but not privately .(Aged 35.) Transported for seven years . Tried by the London Jury before Mr. RECORDER. 160. THOMAS FORRESTER was indicted for feloniously making an assault on the King's highway, on Thomas Sharp , on the 19th of January , putting him in fear and feloniously taking from his person and against his will a man's hat, value 5s. a cloth coat, value 3s. a silk handkerchief, value 2s. a pair of men's leather shoes, value 2s two guineas and eight shillings in monies numbered, the goods and monies of the said Thomas Sharp . THOMAS SHARP sworn. I am a paper-hanger . I live at No. 8, Meadow's-court, Andrew's-street. On Saturday the 18th of January, I was very much in liquor, and did not go home till between ten and eleven o'clock, I was in Berwick-street, and I went down Charing-Cross, after that I went into a house, I don't know the sign of it, and there I staid, and had some liquor, and became quite insensible; I really cannot tell the sign, it is the right hand side going down, near the Admiralty; I got quite drunk, I don't know what became of me; at five o'clock in the morning I found myself in the watch house. Court. That was right enough, you ought to be taken to the watch-house to be sure. - I found I had lost my property, after that I asked them if they had any charge against me? they told me no, they told me where they picked me up, drunk in the street, at the top of Bow-street. When I came to myself I found myself in the watch-house, with no coat, hat, shoes, nor neek handkerchief on; they discharged me, they had no charge against me, at ten o'clock I returned to know if they knew any thing about my things; they told me where they picked me up, accordingly on Sunday morning I went to the Sun in Long-acre, and there was a watchman, and two of the justice's men, and the watchman said that he saw this man take my things. Q. Have you ever got your property again? - No. Q. What money had you? - I had two guineas and some silver, eight or nine shillings. Q. When was the last time you was sensible you had got that money about you? - Between six and seven o'clock in the evening. Prisoner. I wish to know whether you was not at Charing-Cross, a treating of some girls of the town? - There were two women in the house at the time that I was there, and I drank with them, but they went out before I did. - MAC MILLAN sworn. I was done calling the hour of one o'clock on the night of the 18th of January, coming out of Phoenix-alley, and I saw this Thomas Forrester carrying this young man out of my beat, and he took him into Bow-street, and I saw him take the money out of his breeches pockets, I saw him and knew him, I asked him what he did it for? he said to take care of him, he was his nephew, he told me to get a coach to get him safe home, when I came he went away, and the young man was left without his coat, handkerchief, or shoes, and I sprung my rattle, and they came from St. Martin's-lane, and I took him into the watch-house. Q. Did you know the prisoner before? - More than two years by eye fight, he lives very nigh where I do myself, I watch where he works, and where he lives. Q. Do you know Sharp? had Sharp got the hat and coat on when you went for the coach? - Yes. Prisoner. You knowed me before did you? - Yes. Q. Where do you know me? - In Vine-street. Q. Where did you know me before you knew me in Vine-street? I never worked in Vine-street; how came you to ask my name before you could find me out? I have lived above three years in the parish, and have been a housekeeper; why did not you take me on Monday morning? there was you and five more in the public house, you went down to the watch-house keeper, and there you did not know who was the man to look for, till the watch-house keeper called me up to give me a glass of gin, you made your brags that you should not have sworn against me if it had not been for the beadle. Court. How long had you known him before he lived in Vine street? - About eight years. SAMUEL CONNER sworn. On the 19th, Sunday morning, I was going some part of my round, I am one of the beadles of St. Martin's in the fields; coming up Long-acre I heard a watchman's rattle go, I judged it was on the beat that I was serving on, I immediately made up to it, and I found that Mac Millan had got a young man prodigiously intoxicated with liquor, in seeing of me, he said; what am I to do with this young fellow? he is in a sad situation; I see that he was; says he, I will endeavour to help to carry him in myself, we took him to the watch-house, and there he was kept till five o'clock in the morning, I saw that he was without his coat, hat, and handkerchief or shoes; I really thought he had been a corpse. On Monday morning this Mac Millin came to me, along with one of the patroles of Bow-street, and says to me, Mr. Conner, I must go and take up this man, says he, I know where to find him. Q. Did you go with him? - I did not. Court to Prosecutor. Did you know Featefter, the prisoner, before? - No. Q. You was not his nephew then? - No. SAMUEL SKEATE sworn. I am one of the apprehenders of the man, we took him on the 20th of January about twelve o'clock in the day, we found no property belonging to the prosecutor; I was sent to search his lodgings there was nothing there but his box, and a parcel of duplicates; I did not see any thing of any consequence, only the man's property I found these pick lock keys. JOHN RIVETT sworn. I am a Bow-street officer, Mr. Samuel, Skeate came down to the office and said there was an information against Thomas Forrester ; we went to take him, we found him at work in Vine-street, and we took him there, we found no part of Sharp's property. Prisoner. I have witnesses to call that will prove I was in bed at the time. Court to Conner. Have you any duplicate besides those that Skeate produces? - Yes, I have got eighteen, but I do not see that any lead to any of these articles. ELIZABETH OWEN sworn. I live in Vine-street, No. 2, my husband is a smith, I know the prisoner, and have known him almost thirty years, I never knowed any thing amiss never, he has taken money for my husband many many times. Q. Does he lodge in your house? - No. Q. You don't know where he lodges of nights? - With his wife there is no doubt. Q.How do you suppose so? - Because, he is so good an husband to his wife. Q. What has been his character? - For whatever I knew, I never knowed him to wrong us of a pin. The remainder of this Trial in the next Part, which will be published in a few days. SARAH GREEN sworn. I lodge next door but two to the prisoner, in No. 4, Angel-court, Charing-Cross. Q. Did any body lodge in the room with him? - Nobody but his wife, I hear him come home and go out, I heard him come home at nine o'clock that Saturday night, that he was taken up on Monday. Q. How do you know that he came home at nine o'clock? - My door was open, and I heard every thing that was said in the room, he said he had but three shillings, she said that would not pay the rent, and give the landlord some money. I went out, and I came home a little before twelve, and knocked at his his door for a light, I had no fire; and he said come in and take a light. His wife is very hard of hearing. Q. Where had you been? - I had been to Clarke's-court, in the Strand. Q. How do you know what the hour was? - It was just on the stroke of twelve, I asked the watchman, he has a box at the corner of the court, I am sure it was not twelve. Q. How long ago was this? - Last Saturday was a month. Court to Mac Millen . When you saw the prisoner, did you speak to him at all? - I did. Q. Did you call him by his name? - I did and asked him what he took the man's money for? he said it was his nephew, and he had a right to take care of him. Q. When you called him by his name did he call you by your name? - He did not. The prisoner called five other witnesses. who gave him an excellent character. Not GUILTY . Tried by the first Middlesex Jury before Mr. Justice BULLER. 161. ANN LOCKHART and ANN LLOYD was indicted for making an assault on the King's highway, on William Grose , on the 14th of February , putting him in fear, and feloniously taking from his person and against his will, three guineas and ten half guineas, the monies of the said William Grose . (The case opened by Mr. Knowlys.) WILLIAM GROSE sworn. I keep a public house in Wapping, High-street (the Royal Oak) I was robbed last Friday, I went out on Friday morning, with an intention to go to the court of Requests, and took a check with me, to Sir James Eldaile 's, and changed it in Old Gravel-lane; then I had ten half guineas, and six guineas whole at that time, I went then about other business. Q. What time was that? - About one o'clock in the day, or some little tritle of it; the robbery was committed about ten minutes after eight o'clock at night; I had been at different places, about my business, from that time, but never took my money out of my right hand breeches pocket, no other than three guineas, which I changed at Mr. Oliver's at night; that was before this happened, then that left me ten half guineas, and three whole guineas, I left Mr. Oliver nearly about eight o'clock. Q.What part of the town is Mr. Oliver's? - At the top of Nightingale-lane, in East Smithfield, within a little way from where I was robbed; I come my way home, and came to Parrott-alley , as I understand since, I did not know the name of it then, it was rather a round about way to my own house, but I was going to another place to collect some more money, which I had left in the course of the day, because I was going through a croud of people at the court of Requests. I came by this alley, and I see a man rather standing within the alley, and I thought I knew the man, I asked the man if his name was Appleby? he replied it was not; I asked him if he knew a man of that name, that resorted that neighbourhood? he asked me what profession he was? I told him; he readily told me that he knew a man of that name, that lived in that alley, and I was very glad of the opportunity, because the man owed me a little money; he told me if I would go down that alley with him he would shew me where the man lodged; I went down the alley, it may be within a foot or two the length of this table, when the man laid hold of me by both my arms. Q. In what manner did he lay hold of you? - I had my hand in my breeches pocket, he laid hold of me, and pinioned me up, and the expression he made use of was, d-n you, not a word, he laid hold of both my arms. Q. At the time he laid hold of both your arms, did your hand continue in your breeches pocket, or not? - It did not. Q. Your hand came out of your pocket immediately? - It did, he took both my hands behind me, and pinioned me up to the building, and then four or more women came, three I could swear to. Q.Where did they come from? - They came from the end of the alley, they were standing at the end of the alley when I spoke to the man. Q. Do you mean that they came into the alley after you? - They were in the street when I first talked to the man, and they came up the alley after me, the one as the man held me put her hand into my pocket, and stole all this gold out of my pocket. Q. Are you sure it was the woman's hand in your pocket, and not the man's? - I am perfectly sure. Q.Which pocket was it? - The right hand breeches pocket. Q. When she had done that what became of the others? - As soon as the man saw that the woman had robbed me of my property, he fetched me a blow as hard as he could on the head, but my hat having an high crown to it, it did not hurt me, only knocked my hat off; after that they all ran away as fast as they could, and the man ran to East Smithfield, the way that I came in, and the women they ran down the alley the other way, the alley is a thoroughfare; I saw one woman run into a house, and I pursued her immediately, there was an inside door to it, but I ran against the door, and the door burst open; the house was in the same alley. Q. Did she get out of your sight at all? - No, I never let her. Q. Do you mean she was not out of your sight from the time of her running away, from the time you found her in the house? - No other than when she was going into the door; I impeached her immediately with the robbery, and she denied it. Q. How was the door, locked or how? - I believe it was only latched, I shoved against it and it flew open; she denied the robbery for a long time; I told her if she would tell me the parties, so that I might get my property, I should be very happy. Q. Who was the person that you seized? - Lloyd, I never afterwards let her out of my sight, I kept her in my custody in that house, till the watch was set, and then I had her secured, and I called him in, his name is Frederic Wibbing. Q. You say that one of the women put her hand into your pocket; was that Lloyd or the others? - One of the others. Q. Had you ever seen Lloyd before? - Yes, I had, by passing and repassing, and by living in the parish so many years. There was a light shone bright on her. Q. What light was that? - The light of a lamp. Q. How long was it before the other prisoner was taken? - The next morning, between three and four o'clock. Q.Was you present? - No, I was not, I see her at the watch-house before the hour of ten in the morning, they came to let me know she was taken, as soon as I saw her I knew her face. Q. What part did she take in the robbery? - She took my money out of my pocket, I knew her person very well, I had seen her many a time before. Q. For what length of time do you think you had known her person? - I think for three years, I frequent that neighbourhood two or three times a week at times, I have lived in the parish nine years, I have seen them both about the neighbourhood. Q. Do you know how Lockhart came to be taken? - I do. Q. Did you give any description of her person? - I did, the best that ever I could I gave to Moses Fonseca. Q. Did you find any of your property about her? - No. Q. On neither one nor the other of them? - No. Mr. Knapp. I am counsel for Lockhart only. Q.You know these persons at the bar are trying for a capital offence; you are well acquainted with that? - Yes. Q. Consequently if your evidence is believed it will doom them to suffer the law? I would have you be cautious before you swear positively what you have said to my learned friend. I take it for granted in Nightingale-lane there are a great number of loose women? - There are. Q. This was between eight and nine o'clock at night? - It was. Q. And this was done at a time that they are not less frequest than they are in day light? - I don't doubt it in the least. Q. Perhaps you know the persons of all the women in that neighbourhood of that character? - For to say that I know every one by name I do not, I know them no otherwise than I know you, supposing I was to meet you in the street; I suppose there is five hundred, if the truth was known, in that lane. Q. The prisoner Lloyd you had as good an opportunity of seeing as the prisoner Lockhart? - I had not a better opportunity, for I saw Lockhart's face well, and I had a good opportunity of knowing her. Q. You told my learned friend and my lord just now, that you followed her into a house? - I did. Q. She was taken on the spot? - She was. Q. The other women got away at that time? - They did. Q. How many women think you there might be with this man that you first addressed? - There were four, and there might be more, I cannot tell; but there were not exceeding five, I could almost venture for to say. Q. Could you take on yourself to swear to the others as well as to these women? - I could not; there were others apprehended, but for the exchange of dress I could not swear to them, for which I am sorry. Q. How many lamps were there in the alley? - There was none in the alley, but there was at the bottom of the alley; whether there is any lamp in the alley or not I don't know. Court. Then the lamp by which you made your observation, is the lamp in the street, at the end of the alley? - It is, it shone right on them. Mr. Knapp. How far had you proceeded up the alley when the man laid hold of you? - It did not exceed the length of this table the long way, a very little way into the alley. Q.Then after you had got that distance this matter happened that you have stated? - Yes. Q. Is it an inclosed alley? - No, it is an open alley, a thoroughfare, I know nothing to the contrary; I was never down the alley in my life time; it was thoroughfare enough for them to run away from me. Q. Where was Lockhart taken? - She was taken in the same court I heard. Q. You are sure to the best of your recollection, there was no other lamp, save the lamp at the end of the alley? - I cannot say there was or was not. Q. Do you know what length the alley is? - No, I do not. Q. Did the woman that went away from you proceed up the alley, or come back again into the street? - There was none proceeded into the street but the man. Q. Now there was no property found on Ann Lockhart? - I was not at the searching of her. Q. Was you at the searching of the prisoner Lloyd? - I believe she was searched in my presence. Q. Was any thing found or not? - No, I recollect she was searched. Prisoner Lloyd. Pray, sir, did I ever wrong you of any thing? - I have said to the learned counsel what I had to say. She was one of the women, she was helping to hustle me up against the wall. Court. What particulars did they do besides the one woman that took the money? - They all assisted as well as they could. Q. What did they do? let us hear if they did any thing? - There were no other expressions than d-n you not a word. Q. Did any of the women take any other active part than the woman that took your money? Lloyd you pursued into a house, how far was that house from the spot where your money was taken out of your pocket? - A very small distance, it did not exceed thirty yards; I see her all the way into the door, it was a moon light night, I see her go in doors, and I followed her in. Q. Was there any other woman in the room at that time with her? - I saw no other, and I don't know there was any other woman in the house. Q. And you never lost sight of her from her entrance into the house, till you found her in the room? - No. Q. Was you able to swear to her, as being one of the four? - Yes. Q. Was there any candle light in the room? - Yes, there was a candle had been a light, it was just blowed out, the snuff was alight, and I put it to the fire, it light directly. Q. Should you have known Lloyd again if you had not seen her so soon? - Yes, I should. Q. You was asked by the counsel how you happened to know the persons of these women more than a great many others that are there of the same sort of women? - I never was molested by any other parties; I know them no other than by passing and repassing; there is a great number resort to that neighbourhood, but there were no other about at that time just there. Q. Supposing nothing had happened to you, how should you have known these women from other women of the same description? - I should not have taken notice. Q. But you had noticed them before? - I had not noticed them no more than other women. Q. But you have given this as a reason? - There is many a one that I should know perfectly well, as well as them by sight. Q. Then you still persist that you knew these women by sight before? - Yes, I know them by passing and repassing many a time. Q. How long was it before you broke this door open? - I dare say the space of time was not half a minute after I had my money taken out of my pocket, and received a blow on my head. FREDERIC WIBBING sworn. I am a watchman. Q. Is Parrot-alley within your beat? - It is. Q. Do you know the house Mr Grose was in? - I do. I was going round the hour of a quarter before nine, the first time going round in the evening, coming down Parrot alley Mr. Grose being in the house where Ann Lockhart and Elizabeth Lloyd lived, detaining Elizabeth Lloyd . Q. How came you to know that Mr: Grose was in that house? - Mr. Grose called to me out of that house. Q. Did you know that that house was the house where these two girls live? - Yes, I knew that before. Q. On his calling did you go there? - I went immediately to the house; says he, watchman, I have been robbed by a party, and this woman was in company with the party that robbed me; he wished me to take charge of her. Q. Did you take charge of her then? - Yes, immediately, and took her to the watch-house; she was searched there, and nothing found, and she was taken to the magistrate and committed; afterwards when I was going the hour of quarter past three in the morning I heard a noise, and I made towards it, when I came up there was silence for about a minute or two, at last I heard Ann Lockhart's voice. Q. Did you know her voice before? - O, yes. I made up to her, and she was standing, and a man with her, before the Crown and Anchor, in Black horse yard, so I heard somebody coming down stairs of the Crown and Anchor to open the door, and there was a watchman that brought her there; where he came from I cannot tell. Q. Who was this watchman? - I cannot tell indeed. Q. When you saw her first was she in custody of any watchman? - No, this watchman knows nothing about this affair. Court. I am sure you don't know much about it? - Seeing this man stand at the door with Ann Lockhart I was rather dubious to take charge of her by myself, therefore I went to the watch-house to get assistance. Mr. Knapp. Had you any information from Grose that led you to suspect Lockhard? - Yes, I had. Q.Grose had given you this description before Lockhart was apprehended? - Yes, it was when Lloyd was taken to the watch-house he gave it. Court. Who did you take with you? - The houseman from the watch-house, Johnson. Q. Did you take her? - Yes, at the Crown and Anchor. Q. About what time in the morning did you take her? - About half past three. Q. Then she had got into the house afterwards at where you first saw her? - Yes, I gave the people a light in the house before I went to the watch-house; I took her to the watch house. Q. When you got her into the watch-house did you search her? - Yes, and nothing was found on her. Mr. Knapp. How long have you been a watchman in this part? - Seven years last Michaelmas. Q. It is pretty well crowded with these sort of women? - Very much so sometimes. Q. I believe at the time, between eight and nine, they are pretty plenty? - They are. Q. How far is this Crown and Anchor from the place where the gentleman described himself to be robbed? - About four score yards. Q. Is there any light in this alley? - There is one lamp. Q. Are you sure of that? - Yes, at the bottom of the alley, that lights to the corner of Ann Lockhart's house. Q. Do you think that lamp would give a light as far as the prosecutor has said? - I was not there on the spot at the time. Q. If there is a lamp at the end of the alley, in the street, it could not give so great deal of light to an alley so long as it has been described? - That I cannot say any thing about. Q. You searched both the prisoners? - Yes, they were both searched in the watch-house. Q.Lloyd was taken directly, and nothing was found on her. How many did you see that night do you think after eleven or twelve o'clock, or thereabouts? - I cannot say. Q. Did you see the prosecutor that night? - Yes. Q. Did he appear to have been drinking at all? - He was perfectly sober. Court to Grose. As I collect from you, they put their hands in one pocket, then there was no further search made? - There was not. I had nine pounds in silver in my coat side pocket, but that was not taken. Q. Can you say why they deserted you without attempting to make further search? - I cannot say. Prisoner Lockhart. Before I was taken to the watch-house I lived in this house; when I first saw this gentleman it was at this house where this woman was taken, he stopped me first, and when I saw him in the house he said this woman had robbed him, and then he light the candle, and shewed me the bed, and said it was on that bed he was robbed, and then afterwards that he had said so he first locked the door and locked me in, but afterwards he opened the door and let me out, and said I was not the woman, and then I was taken in the morning as I was going to Gravesend, but I wanted to get something first to drink. Prisoner Lloyd. I came from my day's work; I am but a poor woman; I have a garret in this house, and I saw this gentleman sitting in a chair in this house; I had a coat to mend for a person; I asked him whether he came for a coat I had to mend for a young man? he told me no; he said to me he had been robbed of six guineas and a half, and he said if so be I could not find him the people that robbed him, I should suffer for all; where of I never saw the people, nor know nothing at all about it; so immediately he pulled me into the lower room, and kept me there till the watchman came to cry the hour, and then he gave charge of me; here is a young man, Charles Grey , that heard all the conversation. Court to Prosecutor. Did you see this Ann Lockhart in the room? - I did not. Q. Nor you had no conversation with her? - No, I had not. CHARLES GREY sworn: I live at Woolwich; I am a rope-maker belonging to his Majesty's yard. Last Friday when I was coming through Black Horse-yard, about half past eight, I went into Ann Grey's house- Ann Lloyd I mean - I made a mistake, and enquired for my coat that she had to mend. Q. When had you given her that coat? - About four or five days before, it was tore underneath the arms. Q. Did she usually work for you? - Yes, for these twelve years. As soon as I entered the room I saw this gentleman there, the prosecutor, in the lower room, and the woman was sitting down in the chair, and the man was standing up, they were talking concerning a robbery; I asked what was the matter? the gentleman replied he had lost six guineas, immediately there was a watchman sent for, and she was immediately taken away to the watch-house. I see her searched, and I knew no further. Mr. Knowlys. Are you working in his Majesty's yard still, down to the present time? - Yes. Q. In what department are you working, under whom? - Mr. Suckling. Q. What time did you go into this house? - About half past eight as high as I can judge. Q. Was Ann Lloyd at home then? - She was, and I told her if it was so it was a very bad thing. Q. Did you expostulate with the watchman about his charge? - All I heard was that the watchman took charge of her. Q. Then the watchman must have seen you? - I was there at the time. Q. I am not talking of the juncture of time, but the juncture of place? - I was in the room. Q.Was you in the room before the watchman was called in? - Yes. Q. Pray how was the watchman sent for? - First of all there was a boy very nigh the door, and this gentleman said, I will give you a shilling if you will fetch a watchman; the boy was just by the door. Q. How came you to find the boy was just by the door? - I saw him myself, and the gentleman saw him too; the room that we were standing in looked into the alley; this boy was standing just at the door. Q. How did you find out the boy? - Because this gentleman he went to the door, to give an alarm to the watchman, and he saw the boy. Court. Then the boy went out for the watchman? - He did; but the watchman came before the boy came back. Q. Who was the watchman that came in? - I cannot see any man that is here, that is like him; he was a short elderly man. I went to the watch-house with them. Q. Do you sleep in this house sometimes? - No, I do not. Q. Then you attended the woman, and the prosecutor, and watchman, to the watch-house, and see her searched. Q. Was any thing taken from her? - No. Q. She had been your acquaintance for ten years? - Yes. I have been in the house many times when I have had money in my pocket, and laid on the bed when I have been in liquor, and sometimes have treated her with a quartern. Mr. Knowlys. How came you to mention the name of Groves? - It was a mistake of mine to be sure. Q. Can you account for it? - I cannot. Court to Prosecutor. Did you see any thing of that last witness that night? - He came in about two or three minutes before I gave charge to the watchman. Q. Where did you first see him? - He came into the house; she asked this man if he would give her something to drink? he said, no, he would not, for she was a very bad woman, and he would not give her any thing. Q. Did you mention about losing six guineas before him? - I was not certain to the sum till I got to the watch house, and counted all the other money. Q. Did not you know that you put all the gold into that pocket? - I knew very well I did, but I was in a flustration that I did not know hardly what I had got about me; I believe I did make use of the words that I have lost six guineas, and when I came to recollect I had ten half guineas in that pocket and three guineas. Q. The man you have never said hold of? - No, I have not, but if I was to see the man I should know him. Ann Lloyd, GUILTY . Death . (Aged 33.) Ann Lockhart, GUILTY . Death . (Aged 22.) Tried by the first Middlesex Jury before Mr. Baron THOMPSON. 162. JAMES LEWIS and JOHN WEBB were indicted for burglariously breaking and entering the dwelling house of Joseph Colwell , about the hour of five in the night on the 17th of January , and burglariously stealing therein, forty pair of leather shoes, value 3l. the goods of the said Joseph Colwell . JOSEPH COLWELL sworn. I am a shoe-maker ; I keep a house in Bezier's-court, Tottenham-court-road . Q. When was your house broke open? - On the 17th of January, on Friday; it was supposed to be broke open about half after five in the morning; I did not sleep in the house on account of its being lately finished, it was damp with the plaister, I was afraid of catching cold; there was no person in the house except a dog in the parlour. Q. Had you been in it that day? - Yes, I was there on Thursday night, about ten minutes before ten; I was the last person in the house, I locked the street door, and sastened every thing in the house the last thing when I left the house, and fastened all the places. Q. When did you make your discovery that it had been broke open? - The next morning, I was the first person that went to it myself, I went a few minutes after eight o'clock. The first thing I discovered was all my pegs empty; I found the street door fast as I had left it, but I observed a pane of glass taken out of the parlour window the first thing. Q. Now this pane of glass, did you discover it when you was inside of the house, or when you went to the door? - I discovered it when I was inside of the house. Q. What other parts of the house was broke besides the pane of glass, were there any shutters to the window? - Not any at all. I apprehend they broke in at the back door, but I could not get to the back door without going into the parlour, the pane of glass was taken out of the door of the parlour. Q. Where is this parlour door, is it a communication between the shop and parlour? - It is between the shop and parlour. Q. How did you conceive this was broke, for any purpose, or was it a mere accident? - They could not get into the shop without taking this pane of glass out; but before they came to this they got in at the back door, with an iron crow or something; the back door is exposed to the street, I found that door broke all to pieces almost; they had forced the things that the bolts go in, and broke the door all to pieces almost; so then by breaking this pane of glass in the parlour door, they could put their hand in through and get up the latch. Q. When you came away, ten minutes before ten, it was quite dark then, I suppose? - O, yes, quite dark. Q. Now I want to know how it was when you went to this house in the morning, was it dark or was it not? - It was not as you say dark. Q. Was there light enough to distinguish a man's face? - Yes, plenty of light to do that. Q. Did you go into the shop finding your back door broke this way? - I did, I missed forty or fifty pair of shoes, I cannot tell justly how many mens shoes, and some boys, and half boots, all leather shoes. Q. What part of the shop did you miss them from? - I missed them from the pegs, some racks that I had made to hang them on. Q. Are you sure they were there the over night? - I am confident of it. Q. Was there any thing else missing? - Not that I can recollect, except a pair of half boots. Q. Did you ever recover any of these shoes? - Yes, two pair offered for sale, and one pair I took off the prisoner, Webb's feet, at the office; one pair offered for sale I saw in the hands of Mr. Ford, this was on Monday, they had wore them, because I should not know them. The other pair were offered for sale to Mr. Richardson, in Monmouth-street, that was on Tuesday; the third pair I took off his feet at the office, this was on Tuesday. He came in the over night, the Thursday night before the house was broke open; to get something done to his shoe. I have kept ever since, that pair I took off Webb's feet, the other persons who stopped the other two pair have kept theirs; Webb was in the shop the night before the robbery, to get his shoe mended, and he said when he was there it must be cold to sit here; and I said yes, it is very cold, and I saw him as he went out look through the parlour windows, I took notice of him particularly, and had some suspicion of him. ABRAHAM RICHARDSON sworn. I am a shoe-maker, in Monmouth-street. Q. How far do you live from the house of Mr. Colwell, the last witness? - About a quarter of a mile. Q. Had you a pair of shoes brought to you by any body? - Yes, by Webb; they were leather shoes; I asked him where he got them? as soon as I took the shoes into my hand I saw the private mark, and I thought they were Colwell's, he said he got them of a man at Kennington Common; I told him I knew the person that owned them. Q. Did he say any thing more about them? - No, going along we met Mr. Colwell, as soon as he met him, he said you are the young man that I want to see, and he collared him, and took him to the magistrate. Q. What was done with the shoes that the lad brought to you? - I had them of him, and have kept them ever since, till I came to this place, I marked them myself in the office with an R. Q. Now look on them altogether, and tell me whether these are the shoes that you took from the prisoner Webb? - I can swear to the shoes; I have no doubt at all. BOLTON FORD sworn. I am a shoe-maker, No. 31, Swallow-street. Q. How far is that from the house of Mr. Colwell's? - About half a mile. The prisoner Lewis offered these shoes to fell to me the Monday following after they were lost; I have kept them ever since, till to day they were all put in an handkerchief, and given to the prosecutor. Q. How do you know they were the shoes you gave to the prosecutor? - I wrote my name, Joseph Lewis , on them, at the Justice's; I am confident they are the shoes I took from Lewis, he offered them to me for sale, he asked me two shillings and six-pence for them, and I looked inside and see the marks correspond to a bill that I had left in my shop, I took him instantly to the office. Court to Colwell. What may be the value of the shoes that you took from Webb yourself? - One shilling; they were all old shoes only new foled and heeled, I know them by a cut with the knife in the inner foles. Q. Have not you sold some with that cut? - Yes, many a pair. Q. Whether you can say with certainty that they were a pair taken out of your house that night you missed some, or a pair that had got into the world by sale? - It was a pair that I missed that night, because I had left them in the shop, I had been in the shop but five days, I could swear to them if there was no mark on them at all. Q. There was a pair produced by Mr. Richardson, have you got that pair here? - Yes. Q. How do you know them? - They are marked according to what they cost, this is cut with a knife. Q. How long before had they been mended? - I cannot justly say, because I may have mended them before I was in business for myself, because I have mended many a pair before I was in business. Q. Can you swear that you had not sold these shoes? - Yes, I can. Q.Now there is another pair taken from Lewis, by Mr. Ford? - Those I had seven pair of one gentleman's wear, and I had not sold any pair of them, they are my own work, soled and heeled, and they are cut with a knife too. Q. How long before had you mended them? - I cannot say, it might be a fortnight, I cannot justly say, I missed the whole seven pair of one gentleman's wear. Q. Now you see there a pair only found, and these boys lives depend on your evidence; have you on your conscience any doubt about them; supposing these shoes had been put into your hands at York, should you have known them at York; should you have ventured to have said, supposing you had seen them at a shop in York. these are my shoes? - Yes, I should, I should have known them. Q. What is the value of the whole three pair? - About four shillings. Q. What may be the value of the whole forty you lost? - Between three and four pounds. Q. Would they sell for three pounds do you think? - Yes, they would. Jury. One shoe of this pair is marked and the other is not, have you any reason for that? - No, it is by accident; I keep them in pairs as I buy them. Q. When you came in the morning, how did you find your dog? - I found it cut loose, it was out of the house, I met the dog by St. Giles's Church. Q.Was he hurt at all? - He was not, he was tied up in the house, and he was cut loose with the rope about his neck. Prisoner Webb. I works for a plaisterer, and I was going to work between six and seven in the morning; I was going across by St. Giles's pound, and I saw one of these shoes lay in one place and three or more lay straggling all in the road, and I picked them up, and one pair fitted me, and the others I went to sell them, and this man stopped me with the shoes. Prisoner Lewis. On Monday morning I went to sell my things, and I met a man in the street, and he asked me to buy them shoes, and I told him I had but six-pence and half a dozen of mats about me; and he said he knew what to do with the mats as well as me, and I gave him the six-pence and half dozen of mats for them, and I went to sell them in Swallow-street. Court to Ford. Did he give you any account how he came by them? - He said he gave six-pence and some mats for them. Court to Prosecutor. How soon was you to return to this house? - In the course of five or six days, or not so much, as soon as the plaisterers were out of it. John Lewis, GUILTY . (Aged 17.) John Webb, GUILTY . (Aged 14.) Of stealing to the value of 2s. but not of the burglary. Imprisoned six months in the House of Correction , and Publickly Whipped . Tried by the first Middlesex Jury before Mr. RECORDER. 163. JACOB VANDOME and EDWARD BROWN were indicted for burglariously breaking and entering the dwelling house of John Dorset , about the hour of seven in the night, on the 25th of December , and burglariously stealing therein, a looking glass in a gilt frame, value 1l. a pair of leather boots, value 2s. a linen table cloth, value 1s. two silk cloaks, value 4s. two pair of cotton stockings, value 1s. a linen shift, value 1s. two linen caps, value 1s. the goods of the said John Dorset . JOHN DORSET sworn. Q. Are you a house keeper? - I am not; I am a lodger; I lodge in Oakley-road, Bethnall-green . Q. How many other lodgers are there in the house? - Two more lodgers. Q. What are your apartments? - The lower rooms, the parlour, I have the whole ground floor. Q. Who is is your landlord? - One Mr. Brown. Q. Has he any residence in the house at all? - No. Q. How could any body get into the house? - By the outer door at the street. Q. Is that door at the street the common door to all the lodgers? - Yes. Q. In what manner was your apartment broke open? - By the back window. Q. Was you at home? - No. Q. Was any body in the apartment at the time? - No. Q.What day was the apartment broke open? - The 25th of December. Q. What day of the week was it? - It was a Christmas Day. Q. What time did you leave your apartment? - About four o'clock in the afternoon. Q. How did you shut your door before you went? - I left my sister in the care of the place. Q. Is she here? - Yes, I believe she is. Q. What time did you return? - Between twelve and one the next morning. Q. What business are you? - I drive an hackney coach . Q. Was your sister at home when you came back? - No. Q.In what manner was your house broke open? - When I came home I found the window was broke at the back of the court there. Q. Did you find your house at all altered except the window being opened, any other violence done to your house? - No violence at all done at the house. When I came to look about I found the looking glass gone, and several other things; all the articles in the indictment were missing. Q. In what room were all these articles? - In the kitchen. Q. How many rooms have you on that floor? - Only one. About three weeks afterwards I was going along Long-alley, and I saw the looking glass hanging up at a broker's shop, at one Mrs. Ferris's. Q. Did you know it to be your's? - Yes. Q. Have you ever found any thing else of your's? - No. Q. Why do you impute it to either of the prisoners? - I took a constable with me, and went and owned the glass, and the gentlewoman that belonged to the shop she took the prisoners up. Mr. Knowlys. I suppose you are not exact to the time you left your house? - It might be a little before four o'clock. Q. Perhaps it might he as early as three? - I am not very particular. Q. You had been a merry making as it was Christmas Day? - Yes. Q. Your sister and all? - Yes. Q. And therefore the window might, very possibly, be left open by mistake? - It might be. Q. It might be when you went out for ought you know; you was too intent on your good cheer, to take notice I dare say. Did any suspicion ever fall on a person of the name of Garrett? Was not he questioned about it? - Yes, he was. Q. Now that Garrett is an acquaintance in your house, and has frequent access to your apartment? - He is. Q.These two persons were not acquaintances of your's? - They were not at all. Q. Garrett used frequently to come to the house, and knew the ways of the house? - He did. MAGDELEN FERRIS sworn. I keep a house in Long-alley, Moorfields; I bought the looking glass. Q. Was that looking glass in a gilt frame? - Yes; I bought it the day after Christmas Day, between five and six o'clock in the evening, I bought it of Vandome and Brown, Vandome brought it. Q. Was the other prisoner with him? - Yes; one Mr. Wright, a neighbour of mine, came with them, to recommend them to sell the looking glass; they asked me sixteen shillings for it; I asked him whether it was his own? they all three came together. Q. With whom was the conversation? - I asked Vandome whether it was his own? he said, he had rather been a drinking, and he would sell the looking glass unknown to his wife, and asked me whether I would buy it? he said that he had had words with his wife, that he was drinking, and would sell the looking glass; I told him I could not give that money, for I must make money of it again; I gave him eleven shillings and six-pence for it; the bird was broke off it, and I said I could not give him any more for it; he said it cost him a golden guinea. They went out all together, and that was all that passed. I am perfectly sure of the two men; I never saw them but that once; Mr. Wright was with them, that was the reason I bought it, or else I never buy any thing at the door without I know the people. Q. What did Brown say? - He never said a word. Q. To whom was the money paid to? - To Vandome. I did not know it was stole, I hung it out at the door for almost three weeks. Mr. Knowlys. I am for Brown. Your husband, Mr. Ferris, is a person employed in the police office? - He is. Q. Therefore one would think that would be the last shop that a thief would take goods to, to the very thief taker's shop. When Wright came with the two people you knew him? - I did. Q.Vandome brought the glass? - He did, and Brown only came with him, but said nothing. Mr. Raine. I understand you to say that Vandome said that he had some liquor, and that he must part with the glass? - Yes. ROBERT COOMBES sworn. I am an officer belonging to the police office, Whitechapel. On Thursday the 16th of January I received an information from John Dorset, that his house was broke open on Christmas Day, at night, and robbed of a large looking glass, afterwards I went with John Dorset to a broker's shop in Long-alley, where he said he saw his glass hanging at the door, he said he had been the day before to cheapen it, to get inspection of it; I went and asked Mrs. Ferris for the glass, she told me it was in the house, I went into a house and saw it, and she gave me this glass, which Dorset said was his property. I have kept the glass ever since; I brought Wright and the glass to the office, and Mrs. Ferris. Q. How came you to take up Wright? - Because he ascertained that these two men came honestly by this glass, to Mrs. Ferris. Q. How came you to get at Wright? - Mrs. Ferris informed me; when I took Wright he told me that they brought the glass to him. JOHN GRIFFITHS sworn. I am an officer of Whitechapel office, on the 16th of January I received information of a house being entered, and robbed, I went and searched after Vandome and Brown the same day, I took them in Dyson-street, Brick-lane. Q. In the same house? - No, I took Vandome in his own house, and Brown at his father's, I was told so, I brought them both to the office; his father is a weaver; and Mrs. Ferris and Wright swore to them to be the men. JOSEPH WRIGHT sworn. I am a weaver, them two gentleman came to me, to ask me if I would buy a looking glass. Q.Who do you mean by the two gentleman? - The two prisoners. Q. When did they come to you? - Boxing day at night, the day after Christmas Day. Q. What time of the day did they come to you? - I cannot say, I believe it might be about six o'clock at night; they asked me to go and sell the glass for them, as I told them I did not want to buy it, I took them to Mrs. Ferris's, I went along with them. Q. Did you know Mrs. Ferris before that? - Yes, I live within two doors of her. Q. What was her husband? - I don't know what he is, she sells coals, and keeps this broker's shop. Q. Do you know whether he is an officer of the police? - Yes, I believe he is, I have heard so. Q. Had you long known these people? - I had known one of them sometime; I had been drinking with them at a public house. Q. Which of them did you know? - Vandome. Q. When was you taken up? - The same day as they were, I was taken up before them. Q. When was you taken up? - I believe it was a fortnight after the glass was sold. Q. Who was you taken up by? - By an officer, I believe in court. Coombes. I took him up. Q. To Wright. What account did you give to Coombes of it? - I knew nothing at all about it, no more than I went with him to sell it. Q. To coombes. Did he give you that account? - He did. Mr. Knowlys. You say that Brown and Vandome came to you. Now Vandome was the man that had the glass; he was the man whom you told Mrs. Ferris was the owner of the glass; Brown never attempted to own the glass, excepting being in company with Vandomer? - No. Mr. Raine. Did not you understand that Vandome was commissioned by one Garrett to sell this glass? - I heard something, but what I cannot say, I believe it was so, I will not positively say what his name was, I heard him say it was not his, afterwards. Q. That he had it of Garrett? - I believe it was so. BENJAMIN SOLOMONS sworn. I am a dealer, I attend sales, and buy of pawnbrokers, I sold Dorset the glass, it may be a fortnight or three weeks before it was lost, I cannot justly say. Q. Is that the glass that you sold him? - I believe it is. Prosecutor. It is very much like the one I lost. Q. Can you swear to it? - I cannot, when I bought it the bird was on it. Both Not GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 164. JAMES GRIFFIN was indicted for stealing, on the 11th of February , a man's hat, value 10s. the goods of Daniel Cully . DANIEL CULLY sworn. I am a coachman , I lost a hat the 11th of this month, at the Hope, facing the King's Mews ; I was sitting eating my dinner, this man came and had a pint of beer, as soon as I had done my dinner. I missed my hat, I had put it at the corner of the door in the parlour; I enquired to know who had been there? the landlady she knew this person, and where he lived, I went to his master, in St. James's market, and he gave me information where he lodged, I went there, and he was not at home, when I went home I acquainted the constable, and the man where he lived came and told me he was come home; I went there with the constable, and the constable made him open the door, and when we came in we see the hat concealed in the closet; this is the hat. WILLIAM HYDE sworn. I am a constable. On the 11th of February I was sent for by Mr. Cully, to go and take the prisoner, I understood that he was at No. 3, laze-buildings, I went to No. 3, there, he was locked up, I desired him to open the door, and he opened the door, and there I found the hat in a closet. Prisoner. I went with a friend to a public house in Charing-Cross, and was very much in liquor, and I went to sleep, and when it was time to go home he awaked me, and put this hat on my head, and bid me come along, and I went with him, not knowing but it was my own hat. I should have employed counsel if I had had more time, and I should have had witnesses here in the evening. GUILTY . (Aged 23.) Publickly Whipped . Tried by the second Middlesex Jury before Mr. Justice BULLER. 165. NATHANIEL HARDIMAN was indicted for stealing, on the 30th of January , a cloth waistcoat, value 4s. a kerseymere waistcoat, value 4s. a kerseymere pair of breeches, value 6s. a pair of linen towels, value 1s. the goods of Charles Bignell . CHARLES BIGNELL sworn. I live in North-row, Hanover-square . I am a coachman . - BIGNELL sworn. On the 3d of January (I am a washerwoman) I was hanging these things on the line in a passage, opposite the front kitchen door. Q. Had they all been washed? - Yes. Q.What time had you seen them there? - Four o'clock in the afternoon, I had not been gone up ten minutes, before the person who lodges in my front parlour, heard somebody stumble up stairs, and I had an alarm from Elizabeth Watson , and she went to see who it was. Q. Did you do any thing? - She called to me, and asked me if I had taken my things off the line? I said no. She was at the door. Q. When did you see your things again? - In about an hour afterwards. I heard the prisoner come into my house before Mrs. Watson called to me. Q. Was the outer door left open? - It was that, but I took no notice. Q. You saw nobody go out of the house, or the things? - No. Q. When was it you saw the things again? - It was not half an hour before I saw the things. Q. In whose possession were they? - They were in my own house; the person who took the prisoner is here, his name is Richard Purton . Q. Did he bring the prisoner back with the things? - Yes, in about half an hour. Q. All the things were taken off the line? - Yes. Q. They were the things brought back that you missed? - They were, they are here. ELIZABETH WATSON sworn. I heard a stumbling on the stairs, and immediately I run out of my own apartment, and saw a stranger on the stairs, and followed him to the kitchen door. Q.Had he any thing with him? - Not that I observed, he had an apron on, folded up, a blue apron, I went up immediately to the door after him, I followed him up the stairs, I was below stairs, he went about twenty yards very gently, and then he took to running; I called to the coachman that lived quite opposite,( Richard Purton ) I called to him, and asked him if he knew the fellow that went out? he said no; I went back and asked the gentlewoman if she had taken the things off the line? she said no, and I called to the coachman to pursue him. Q. Did you go with him? - I did not. Q. Did you see him apprehend the prisoner? - I did not see him take him, but I him bring him back to the house. Q.Was that person that was brought back, the same person that you saw on the stairs? - I did not see his face when he went out, but when he came back the clothes were brought back with the man. RICHARD PURTON sworn. The last witness gave me an alarm, I see the prisoner come out of the house, I pursued him, he walked about ten or twenty yards, and then he set off a running, I laid hold of him, but before I laid hold of him, I went over to the house from my stable, and hearing the things were gone, I set off after him, up into Park-lane, and there I saw him in Park-lane, just as I first saw him he looked about, whether he saw me I cannot say, but he set off again running, and turned up Brook-street; there were a quantity of people that he had just passed, when I first saw him I did not halloo to any of these men, because I knew there was no turning that he could turn into, that I could miss him, because I thought he should not throw the property away, that I might catch him with it, then I catched him in Brook-street, and brought him back to the house. Mrs. Bignell. They are Ralph Woodford's, I wash for him, the others are a gentleman's servant, I am sure they are the same things I lost. Prisoner. I was going down to Pimlico after some grains for my master, as I was going down Park-lane I saw a man throw these things down, and he told me to take them up, and I jumped up and took him, and called that man to take them, and ran after him to take him, and that gentleman there ran after me, and took me. GUILTY . (Aged 14.) Judgment respited. Tried by the second Middlesex Jury before Mr. Baron THOMPSON . 166. BENJAMIN JACKSON was indicted for stealing, on the 22d of January , three linen shirts, value 13s. a pair of cotton stockings, value 1s. the goods of Thomas Withers . Mrs. WITHERS sworn. I am a married woman, my husband's name is Thomas. I did not lose my property, I have got it again, it was taken the 22d of January. Q. What was taken? - Three linen shirts, and a pair of stockings, they were taken off the line, the line was cut. Q. Did you see them taken? - I did not. Q. How soon did you discover they were taken away? - In a quarter of an hour, they had not been out more than that, it was between one and two o'clock when they were taken. Q. How soon after they were taken away did you get them back again? - They were not carried off the premises, with the alarm they were dropped in the garden; I never see him till he was brought back again, I am certain they were my property. BENJAMIN MASKALL sworn. I saw the lad go into the garden, and I saw him cut the line in three places, and he was going to take the property away, and he saw me coming across the field, and he dropped them in the garden to make his escape, he had removed them better then further from you to me, I took the boy, and that is the boy. Q. Did you know any thing of him before? - No. Prisoner. I was going along, and there were three young men met me, and they told me to go and cut the line for them, and they would give me six-pence when I came back, accordingly I went as they asked me. GUILTY . (Aged 13.) Judgment Respited. Tried by the second Middlesex Jury before Mr. Justice BULLER. 167. HENRIETTA MORDEE was indicted for stealing, on the 21st of January , nine shillings , the monies of William Overdon . WILLIAM OVERDON sworn. I live in Butcher-row, Temple-bar. I am an engraver , this here woman picked my pocket of nine shillings, I met with her on returning home the 21st of January, from the Westminster coffee house, I met her at the top of Buckingham-court , she caught hold of my arm, and begged of me very hard to give her a penny, on which I unbuttoned my great coat, and I said I don't know whether I have any halfpence, and I went to feel, I was not certain; on which by putting my hand into my waistcoat pocket, she claps her hand on my breeches pocket, in which was three guineas; on which I found two farthings and a halfpenny, and was going to give them her, and she put her hand into my pocket and turned it out. Q. When was it you found her attempting your pocket, before you gave her the halfpence, or after? - Before, I told her to keep her hands off, when I felt her hands on my pocket. Q. When you gave her this copper what then? - She tusled her hand under my waistcoat pocket in a minute, and turned out nine shillings, at the same time as I was giving her the copper; this was in the public street, and not in the court, on the top of the court; the lining of my pocket was turned up. Q. What did the money tumble down, or how? - Upon my word I cannot be certain, but the money was gone. Q. Then you did not see it in her hand? - No, I did not. Q. Nor see it fall? - I did not, but her hand was put to my pocket, and I heard the silver rattle, but I see nothing of it. Q. Then for any thing you know the silver might have fallen on the ground? - It might very possibly. Q. On missing the silver what did you say or do? - I charged her with picking my pocket of nine shillings. Q. How do you know there was nine shillings in your pocket at that time? - I had changed at the coffee house, half a guinea, and had nine shillings in change, and put it into my pocket. Q. On your charging her with picking your pocket of nine shillings, what did she say, or do? - There was no further conversation passed then but what I have mentioned; then I laid hold of her, and gave charge of her into the watchman, or patrole's hands, she tried to rescue herself from me, but I never quitted her till I gave charge. Q. Where was she taken to? - To St. Martin's watch-house, she was searched there, and three half crowas were found on her, and two shillings and six-pence in silver. Q. What pieces of money was your nine shillings composed of? - Two half crowns and four shillings, I am sure of that. Q. Then there was one half crown piece more than you lost? - Yes, there was. Q. She had no six-pence of your's? - No, not to the best of my recollection. Q. What did you mean to give her? - Only the copper, no more. Q. What was done on finding this? - She went to push some money in the watchman's hands, I did not see this, but the watchman says she did. Q. Was she ever carefully searched? - I don't know that, the person is here who searched her. Prisoner. I was up in this court, and he came up to me, and said, will you have a glass my girl? and he went to haul me about, and I would not be hauled about by him. Prosecutor. There was no sort of familiarity passed, I proposed nothing to her. THOMAS BAMFORD sworn I am a watchman, belonging to the parish of St. Martin's in the Fields, and my watch beat is down Spring-gardens, this happened the 21st of January, just about half past eleven o'clock at night. Court to Prosecutor. Was you quite sober? - Yes, I am sure I was. Bamford. I had just called the half past eleven, and I had got into the watchbox, and the patrole came by and challenged me, and I gave him the answer, as soon as I gave him the answer, I heard a talking in Buckingham-court, between some parties. Q. How far is your box from this court? - Quite at the corner. It was in the court, to the best of my remembrance, when I heard it, as soon as I heard that, I was endeavouring to stir out to see what was the matter, and in almost momentarily they came up to the box, and the prisoner at the bar, called out patrole; she was coming out of the court, and she told me that there was a gentleman threatened to knock her brains out. Q. Did you see any body near her at the time? - Not till they both came up to the patrole and me. Q. How soon after this did you see the prosecutor? - They were both together in the court, or coming out of it, I did not see them till they came up to the box. Q. Who was the first of them? - The woman was the first, and coming as from the court, it goes from Spring-garden Mows into Parliament-street, just by the Admiralty, they were coming from Parliament-street way, through the court into the Mews, my box is on the Mews side; it was all peaceable and quiet five minutes before. Q.On her saying this what past? - The man said that she had robbed him of nine shillings; while he was telling the patrole that, the woman came to me, and offered me half a crown in the box. Q.Did she say what she offered you the half crown for? - Not at all; I told her I dare not do any such thing, nor I would not; then the man came and told me that she had robbed him; says I, you must charge her with it, and he did, and I and the patrole took her to the watch-house. Q. Was you present when she was searched there? - Yes, she pulled the money out of her pocket herself. Q. What did she pull out? - I cannot charge my memory, I believe about ten shillings, it was what she herself produced. THOMAS HUMPHRIES sworn. I am one of the beadles of St. Martin's in the Field; I was on duty that night, between eleven and twelve o'clock on the 21st of January last, the prosecutor and the watchman brought the prisoner at the bar into the watch-house, the prosecutor said he was robbed of nine shillings; I said, my good woman, you must be searched, I was approaching to search her, and she said I will pull out all I have got, and she throwed out three half crowns, two shillings and six-pence, and four-pence in copper, three-pence halfpenny and two farthings, I searched the outside of her pocket, and there was nothing else in her pocket. Q. Did she undergo any further search? - No. Q.Did any thing more pass? - The charge was taken, and she was committed to person the next day. Prisoner. I told them I had eleven shillings all but two pence, in my pocket. This gentleman as I was coming across Buckingham-court met me; and as he met me I heard a noise of some woman, in this said court; with that I went down, and this man, the prosecutor, catched hold of me, and in catching hold of me, I said, what do you want? says he, will you have a glass of any thing? and I said, yes, if you please, then with that he gave me a penny, after he gave me this penny he wanted to be very bad with me indeed, and I would not consent to it, and after that he asked me how far I was going? I told him I was going into the Strand, to pay some money away; as I came out he said he would give me an unlucky blow, that he would make me call the watchman to him, I called the watchman and the patrole, and the watchman came out of his box directly; says I, I will give you something if you will not let this man meddle with me, and after that then the watchman he came out, and behaved very civil indeed, and after that this man charged me for a robbery, I knowed myself very innocent; the watchman said you must go up to the watch-house; I said I will go up with you. I had been working for a person that keeps a chandler's shop in Westminster, one Mr. Burrows, and his wife paid me five shillings for washing, that very day. Not GUILTY , Tried by the second Middlesex Jury before Mr. Earon THOMPSON. 168. JOHN BARBER was indicted for stealing, on the 4th of February , eight yards and three quarters of irish linen cloth, value 14s. the goods of William Prater . WILLIAM PRATER sworn. I live at Charing Cross , I am a linen draper , I keep a shop there. On Tuesday, the 4th of February, I was at breakfast in the counting house, at the back of the shop, two lads came up to the door, Bather was one of them, they were both dressed in blue, very near of a size, one of them stepped into the shop, catched up two remnants of cloth, one he dropped going out of the shop; I ran out, catched up that he dropped, and ran after him, and catched him at the Mews, with the other piece under his arm; a boy in the street said the first man has got it, and therefore I ran after him in particular, he having the goods under his coat; they both ran away together. I have got the cloth here, and my private mark is on it. WILLIAM HYDE sworn. Mr. Prater sent to me to take this prisoner to the watch-house, after he was taken, and desired me to take care of this cloth, and I have kept it ever since. Prisoner. I was going down Charing-Cross to my sister's, I was walking along, and there was a man ran past me, and dropped this, and I picked it up, and had it in my hand, and that gentleman came and took me, and said, that property is mine, and I delivered it to the gentleman directly. GUILTY . (Aged 18.) Judgment Respited. Tried by the second Middlesex Jury before Mr. Justice BULLER. 169. FRANCIS FORD was indicted for stealing, on the 5th of February , a damask table cloth, value 2s. a child's linen frock, value 1s. the goods of Thomas Anderson . THOMAS ANDERSON sworn. I live at Chelsea . On Wednesday night, the 5th of this month I lost a table cloth and a child's frock; I was informed by Mrs. Jones that two jack-ass boy s were got on the wall, and taking some linen off the lines, I immediately pursued, and went down as far as the Union coffee house, where I was enquiring of an old man if he saw such men running along; Mr. Hornsby told me that these two men I was enquiring for had just gone over the bridge, and we went after them, and came up to the prisoner, and Mr. Hornsby said this is one that came out of the Ranelagh-walk, we secured the prisoner, and after that we got a candle and lanthorn and looked for the linen, and there we see a table cloth, behind a tree that he had ran behind; I did not see him in my premises at all; nor did I know what was gone till I came back again, when I came back again I saw what was gone. EDWARD HORNSBY sworn. About half past five on Wednesday evening, I saw two men coming along by the Royal George, at the back of Mr. Anderson's garden, the prisoner at the bar went down to the corner of the wall, and looked down after some clothes, but there being a girl in the garden he came back again, and he went up towards Sloan-square, and towards Knights-bridge; about three quarters of an hour after I was going to water a horse, and a man in a white jacket was running down the town, and my brother that was along with me said, that man in a white jacket is one that was going into the garden we pursued him, and went down the Ranelagh-walk before him, and we saw he had nothing, and the other he came past with nothing, whistling; after we had past the one, Mr. Anderson came by, and asked if we saw any body go by that way? I told him what I saw, and went with him, and overtook the prisoner, and took him into custody, and took him across the bridge, which they call Genevin's-bridge. Q. Did you see any thing in his hands, or in the other man's hands? - No, in neither of their hands; he told me he had been to Kingston upon Thames, with a load of goods for his master, and to receive some money; I said to him have you got the money with you? he said he had, it was sixpence halfpenny; I said that I thought it very odd, that his master should send him up for six-pence halfpenny; I then told him that he was very wrong, for I had followed him from half past five. Q. Which of them was it that you saw first go into the garden when they came back again? - Ford. Prisoner. I had been at Kingston along with my master. ELIZABETH - sworn. I saw the prisoner come from the wall, with the table cloth in his hand. Q. Did he get over the wall? - No, he did not, he stood on a water butt stand, that stands by the wall, this was between the hours of six and seven; coming from the wall he dropped it, and picked it up again, and walked away, I went out to the gate after him, and told my master of it, and he went and acquainted Mr. Anderson of it (Mr. Jones is my master) THOMAS BRADLEY Q. How old are you? - I am going of ten, I shall be ten next June, I was born in the country, at Manchester. Q. How came you up to Chelsea? - My mother was sent for up. Q. What do you do at home? - Nothing. Q. Do you go to school? - No. Q. Can you read? - Yes. Q. Do you go to church? - Yes. Q.Suppose you take an oath, do you know what that is for? - Yes, if I tell a lie I shall go to the Devil. Sworn. I went into the public house, to order a pot of beer, and I saw two men standing up against the butt, and I went and told Mr. Jones that there were two jack ass drivers in the yard, and Mr. Jones went out to the front door, and said it may be they are gardeners, then I and that young woman came out of the back door, and directly as we came out the prisoner at the bar had took a table cloth, and jumped off the wall, and dropped it, and picked it up again, and went away. Q. Was the prisoner one of the men that you saw standing on the butts before? - Yes, he was standing against the water butt, making sham to make water, and he was not. Q. Did he run away or walk away? - He run away across the road. Prisoner. I had been to Kingston along with my master, and I left Kingston about two o'clock, and coming to Wandsworth we stopped to have a pint of beer, and my master went home with the cart and horse without me, and I was running through Battersea and Chelsea, to make the best of my way home, for fear I should be scolded for staying, and these men overtook me on the bridge, and they were talking one to another; I did not see him says one; at last they said to me you must go along with me; I said where? they said O, not far; says I what am I to go along with you for? they said come along with me, and I will tell you what it is for; says they you may as well go along with me; says I, I will, for I am not afraid of any thing; and they wanted to find a knife, and they could not, and they wanted me to go for a soldier; and I said I have got a good master, if I went for a soldier I should loose a a good place, and I did not like to leave it; and they said one to another are you sure it is him? one said I think it is him by his coat. Then the constable came, and the woman gave charge of me, and he took me to the watch-house, and the next morning they came to me, and got some beer, and asked me to go for a soldier again, and I told them the same, and then they gave me some bread and cheese, after that they said you must go to the justice's, and I said if I have done any thing to go to a justice's I will go; I did not like to sent to my friends, because of losing my character. GUILTY . (Aged 19.) Transported for seven years . Tried by the second Middlesex Jury before Mr. Baron THOMPSON. 170. CATHARINE TUSKER was indicted for stealing, on the 20th of January , a woollen blanket, value 2s. 6d. the goods of Samuel Hillier . SAMUEL HILLIER sworn. I am a day labouring man , I have a little house just below Highgate , where my goods were stole, I lost a blanket the 20th of January last; I took in this poor girl out of the street, for pity, and let her lay with my children. Q. How long had she been in your house? - About two months before this happened. I stayed out rather latish one night about ten o'clock, and my wife was along with me, and she took it off the bed, when I went home my little child cried, and said Kit had taken the blanket away from the bed, and gone. Q. Had you left her in the house? - My wife did, I had been out all day. Q. What time did you return? - Ten o'clock at night, as near as I can guess. Q. Do you know of your own knowledge whether any blanket was missing on the bed? - Yes, there was. Q. Had you more than one blanket on it? - No, only one. Q. When did you next see the prisoner? - I sent out after her directly, and I heard by the watchman that she was gone down the road with the bundle under her arm; I set out after her between ten and eleven, I did not overtake her at all, I heard at Islington that they had taken her on suspicion, and had got her into the cage, and there I found her, the constable of the night had got the blanket, I saw it there at the watch-house. THOMAS THOMPSON sworn. I am a watchman of St. Mary Islington, it was rather better than a quarter after eleven, the 20th of January, at night, the prisoner came by with this bundle under her arm at the front of Islington church, I watch there, I stopped her and asked her what she had got under her arm? she said an old blanket her father had given to her, I never see her before, I stopped her merely on having a bundle at that time of the night, I stopped her on suspicion as we always do, I asked her who her father was? she said Samuel Hillier of Holloway, don't you know him? I told her I did not know the man, that she must go to the watch-house. I took her there and blanket and all; I have got the blanket here, it was tied up in this black handkerchief just as it is. Hillier. I know it is my blanket, I have no marks on it, I can swear to it, it is a very good one. Q. Is the prisoner any relation of your's? - No, she made an abode there because she was out of work, and I let her lodge with my children out of pity; she continued with me a short time about two months. Prisoner. I was very much distressed, and one and another snapped on me and I was going away, but I own it is the gentleman's blanket. GUILTY . (Aged 21.) Imprisoned six months in the House of Correction and fined 1s . Tried by the second Middlesex Jury before Mr. Baron THOMPSON . 171. JOHN JELLISON and THOMAS BELLAMY were indicted for stealing, on the 8th of February , 17000 needles, value 3l. 30000 pins, value 2l. four pounds weight of pound pins, value 8s. the goods of Richard Coucher and John Finch in their dwelling house . (The case opened by Mr. Knapp.) ROBERT KIRBY sworn. I am a shopman to Richard Coucher and John Finch at No. 46, Cannon-street Q. Do you remember packing up any pins on the 7th of February? - On the 7th of February in the morning there came two foreigners to our house to buy some pins and needles by way of a sample, and I looked out seventeen thousand needles, and a quantity of pins, two half dozen of full whites, two packets of flat heads, a dozen of three and a half middlings, one dozen of best middlings; I see the goods packed, I was by all the time they were packed about nine o'clock on Friday morning, that was the same morning the foreigners had bought them. Q. Is the person here that put them in? - No, I see them packed in a parcel, they were in different parcels each separate and then packed together in one paper parcel, then they were deposited in a place in the shop, I saw them, they ordered them to go on Saturday morning at half past eight o'clock to Angel-inn, Angel-street, room 25. Mr. Dupont, the foreigner, ordered them, this was the next day. I saw them put bye, in a window behind the door of the shop. Q. How late had you seen them on the 7th of February? - I did not see them after they were put there, about ten o'clock on Friday morning. On Saturday morning at half past eight o'clock, I ordered the porter to take them. Q. Is your masters a wholesale or a retail shop? - Both. Q. Did you go to see whether they were missing? - I did and I found them missing, then I acquainted Mr. Finch of it, and he looked for them and could not find them. Q. Have you seen these Needles and pins since? - Yes. Q.In whose possession are they now? - In Nowland's, the officer's possession. Q. Was you able to know them to be your property? - Yes. Q. Did you see any thing of them before they were in Nowland's possession? - No, I did not. Q. When you saw them in Nowland's possession, was you able to identify them as your masters property? - I was Q. You was not present at the apprehension of either of the prisoners? - No, I was not. Q. Did you know either of the prisoners before? - No; when I came before the justice, I went along with the police officer to Whitechapel, there I saw the two prisoners, and Jellison said that he had bought them at our house a month ago. Q. Did the magistrate take it down in writing? - Not that I know of, I took it down. Mr. Knowlys. I am counsel for Jellison. Q. Is there any other shopman of your shop here to day? - No. Q. You did not see the parcel after ten that day? - No, I did not. Q. You did not see it in the evening of that day? - I did not look for it. Q. This parcel was put on a window behind the shop door? - It was. Q. That is within the view of all the persons who are serving in the shop? - No, it is not, because the door stands against it, the door stands open and that blocks the window up, there is a brass grating which secures the window from any person without. Q. So that any person could not have taken it from the street? - No, they could not, there was no glass broke. Q. Even if they had broke in the glass they could not get it through the wire? - They could not. Q. How near is this to the counter where you served? - The space of a yard and a half I suppose. Q. Had you any workmen employed about your house that day? - O! yes, several. Q. That was what I wanted to know, I believe suspicion fell on some of the workmen of the house? - No, I did not entertain an idea of it. Q. Was there no suspicion mentioned in the house that it was probably done by some of the workmen in the house? was not it talked of? - It was talked of. Q. That was what I wanted to know; How soon do you shut up shop? - At eight o'clock in the evening. Q. How many workmen were there in the house? - I cannot say, seven or eight, or ten, perhaps more than that, they are not in the house, they come in and out of the shop. Q. This man you never saw in the shop? - No. Mr. Knapp. Then whoever committed this robbery must have come into the house? - Certainly. Q. Pray is there no private door to your house? - None. Q. What are your masters Names? - Richard Coucher and John Finch . Q. Which of them lives in the house? - John Finch only. JOHN FINCH sworn. I am in partnership with Mr. Coucher. Q. Was you so on the 7th of February? - I was. Q.Who lives in this house? - I do. Q. Who pays the rent of the house? - We jointly pay for it together. Q. Then the rent and the taxes are both paid out of the partnership account? - It is. JOHN NOWLAND sworn. I am an officer belonging to the police of Whitechapel. In consequence of information on the 8th of February, I went to Jellison's house, when I first went there it was about six o'clock in the morning. Q. Where did Jellison live? - In Winfield-court, Winfield-street, Spitalfields. Q. How do you know it to be Jellison's house? - I knew him to have lived there sometime. Q. When you went there what did you observe? - I watched there till about seven o'clock. Q. Was Jellison at home when you went? - He was not at home when I went into the house; at seven o'clock I went home to my own house, and returned again a little before nine when I found him at home, I went to his house in company with John Griffiths another officer, Jellison, as soon as I went in asked me how I was? he knew me before and I knew him; I told him I was very well, and that I had some information of some property being in his house; he told me he believed he knew what I wanted in his house; he asked me if I had an information of some stolen butter being in his house? I told him I had, I searched about and did not find any thing for some time, I searched at last in the cupboard in the first floor, and found a quantity of needles and pins, (I had been up stairs before,) they were in a brown paper, I took them and have had them in my custody ever since; I found also a quantity of pins wrapped up in a blue apron laying on a table; I asked Jellison what was in these paper parcels? he told me pins. Q. Where these quantity of pins wrapped up in the blue apron in paper parcels? - Yes, they were in separate papers not loose, I asked him what they were? he told me pins, I asked him how he came by them? he told me he bought part at the foot of London-bridge, and part in Cannon-street; I asked him what quantity there were? he said twelve thousand, speaking of both the pins and needles. I asked him how long since he had bought them? he told me three or four weeks; I searched his pockets and found some papers of pins and needles. Bellamy was there, I asked him who Bellamy was? he was there when I first went in. Q. Did Bellamy go up stairs with you? - No. Q. Was it after you found the things or before that you asked him who Bellamy was? - After I had found the things. Q. What answer did he give you to that? - He told me he was a watchman in the City; I searched Bellamy's pocket, I found nothing in his pocket, Jellison begged I would not meddle with Bellamy, he told me he would take all on himself if there was any thing wrong in his house. I told him I thought it proper to take Bellamy and him before the magistrate; in consequence of which I did take them both before the magistrate and they were committed. Q. Did you find any more pins in that house? - There were some more found in the afternoon, but I was not there. Mr. Knowlys. You was examined before the magistrate, was not you? - Yes. Q. There you related all that you have told us? - Yes. Q. You related this conversation that passed between Jellison and you; "how long he had bought them, and where he had bought them," it was read over to you? - It was. Q. It is a little unfortunate here that there is nothing of this, that you have said Jellison said to you, in it? - I told the clerk what he told me. Q. When the clerk read it over to you, you said, why here you have made a great mistake? - The clerk puts down what is material. Q. Did not you tell the clerk, it is very strange that you have just omitted this account that I have just sworn to? Did you swear before the magistrate that Jellison gave this account of the things? - Yes, according to the examination I did. Q. Did you before the magistrate swear that Jellison told you that he bought part at London-bridge, and part in Cannon-street? - I did, but the clerk does not put down all the things that are mentioned. Mr. Raine. I am for Bellamy. You told us that you searched Bellamy's pockets and found nothing on him, then you told us that the other prisoner in terms acquitted him of all blame. Did not you see some pigs heads in Jellison's house? - Yes. Q. Do you happen to know that Bellamy came into the house to bargain for a pig's head? - He told the magistrate so. Q. You don't know that of your own knowledge? - I do not. Court. What is Jellison's business, a butter shop or something of that kind? - It is a house for receiving stolen goods. Prisoner Jellison. Ask him whether he did not turn the bed and bedstead up, when he went up stairs with me? - I did part of it. Q. Did not you ask me in the office where they came from? now if I had told you in the house where they came from what business had you to ask me in the office? - I did not ask you in the office. JOHN GRIFFITHS sworn. I am a police officer, I went to Jellison's house with Nowland, and was informed that some stolen goods had been carried in there; in a closet I see a quantity of needles, I believe it is a closet, it was at the right hand going at the door, I stood inside of the door while he searched the house. Q. Did you go up with Nowland? - I did not. Part of the pins were in a blue apron laying on the table on the left hand door, I see them in the apron; after that Bellamy being in the house with him we took Bellamy into custody, and brought them both to the magistrate. Q. Did you see Bellamy searched? - Yes, did. Q. Was any thing found upon him? - Not in that house to my knowledge. Q. Did you afterwards go any where to Bellamy's house? - I did, I was informed where he lived, I went with Hanson there, I did not know it was his house of my own knowledge; it is in Blue Anchor-court, or yard, Rosemary-lane. Q. What did you find there? - I see Hanson with a paper of Needles I believe. Q. Did you find any thing else there? - Nothing more. Q. What did you do with these needles? - We brought them along to the magistrate. Q. Bellamy was not with you at this time? - He was not. When we went into the court the neighbours told us which was Bellamy's house. When the needles were brought to the magistrate they were owned by Mr. Finch, he was there. Q. Did you hear Bellamy say any thing about his house? - No, never. Q. Is there any other witness that knows it to be Bellamy's house? - Not as I know of his own knowledge. WILLIAM HANSON sworn. I am an officer belonging to the police, Whitechapel. Q. Did you go with Griffiths to an house in Blue Anchor-court, or yard? - Yes. Q. Did you know whose house it was? - Bellamy's house, he told me himself, he told me in the first place that he lived at No. 19, Rosemary-lane, at a public house, I went and that was not the house, I came back and asked him how he came to tell me wrong? and he told me it was No. 19, Blue Anchor-yard, then I went to No. 19, Blue Anchor yard, it comes into Rosemary-lane. I searched his apart ment there, he has only a lower room in that house, his name was wrote on the door of the room that I searched, Bellamy. Q. You went into that room where Bellamy was wrote on the door? - Yes, I did. Q. What did you find there? - I found these needles in a box in the room. Jury. Did you find any more than that parcel? - No. When I shewed them to the prosecutor he said he had lost a large quantity of the same kind as those; it is a very small quantity not above two or three. Q. Did you find any thing else? - No. thing else. Q. You went back and took these to the magistrate? - I did, and they were committed. Q. The prosecutor can speak to these needles? - He said he had lost a large quantity of needles of the same mark as on that paper. Mr. Raine. The direction Bellamy gave you was No. 19, Rosemary-lane? - It was. Q. And you afterwards found his house was No. 19, Blue Anchor-yard, Rosemary-lane? - It was. Q. Do you know his wife was a quilter? - I don't know, there was some such thing in the house as patch work. Q. There was the appearance of needle work going forward? - There was. Court to Hanson. Where were these needles laying? - In a box there was other clothes and some of this patch stuff in the box, it was a large clothes chest. Court to Nowland. How came you to go to this house of Jellison's so early as six in the morning? - I received a general information against Jellison's house that some stolen goods had gone in there. Mr. Knowlys. You looked on Jellison as a since, as a receiver of stolen goods? - I did. Fincb. I can identify one of the parcels as being one sold to the foreigners that morning, it is one of the pockets of flat head pins. I happened to be standing by while the foreigners were choosing there articles, and I saw one of them mark this parcel. Here is a box of Needles which I had out of the country, I know it by the word Milliner being wrote on this side, it is to mention that they are for the milliners use; they came up so marked in this way; that box had not been opened till these foreigners came on that morning, so that I could have sold none of that parcel, I am sure that these needles are the only parcels that have been sold out of that box, I have the remainder now. Q. What is your belief of all the rest? - I believe they are all the same parcel as sold to the foreigners, the flat heads and these needles, I am perfectly confident of; in consequence of having lost this parcel, I went into my counting house to look over the remainder of my stock of needles, which I very well recollected, that parcel which I missed was marked to the best of my recollection as near to this as could be, but that was no part of the things sold to the foreigners. Prisoner Jellison. I have one thing to ask; who produced that paper of pins, which he swears so positively to the mark? they were not brought in till the second hearing. Nowland. They all came out of Jellison's house. Hanson. I found this small parcel in Jellison's house, in the evening, at the second search, between the bed and the sacking. Q. When was it you went a second time to this house? - About six o'clock on Saturday evening. Q. Had you found any needles and pins there before? - I had not been in Jellison's house. Court to Nowland. You have stated that you went up stairs, and Jellison with you, that you searched up stairs, and found nothing, and then came down again. Was that in the morning or evening? - Morning. Q. You never mentioned a word of your having gone a second time? - I did not go, Hanson went. Court to Hanson. You said nothing in your exnmination about being to Jellison's? - I thought the counsel was instructed, and he would ask me the question. I went to Jellison's about six o'clock, and I found this parcel of flat head pins, and another parcel; I rolled the bed up, and between the sacking I found these quantity of pins; I took them to the office. Prisoner Jellison. The witness before has sworn that he looked at my premises, and saw nothing, and there was no such thing present; from that moment I was taken into custody he never let me go; these were never brought against me for three days afterwards. The prisoner Jellison called Sarah Monday who deposed she knew him. John Jellison , GUILTY . Of stealing but not in the dwelling house.(Aged 33.) Transported for seven years . Thomas Bellamy , Not GUILTY . Tried by the second Middlesex Jury before Mr. Baron THOMPSON. 172. WILLIAM MAC DANIEL was indicted for stealing, on the 13th of September , twenty-four printed bound books, value 1l. 16s. the goods of John Cadwallader Parker , and nine pair of men's leather shoes, value 9s. the goods of Thomas Parker . THOMAS PARKER sworn. This robbery has been committed two years ago, in the year 1791 . Q. Where did you live then? - In Chancery-lane ; I am an attorney . In September 1790, I took this young man as a writing clerk , during my absence in the country, while I was there I received a letter that he was gone, and I came to town, when I came to town I found all the drawers had been unlocked, and the things gone; I went to the public office in Bow-street, and told them my loss; I lost a vast number of wearing apparel, in consequence of the same, and in going about, some pawnbrokers sent me word of some books and shoes, and I discovered they were mins; they were my brother's books, James Cadwallader Barker; the shoes were a sample going to the Mediterranean, and they are gone to the Mediterranean since. I am enabled to identify the books, because there was some writing in them, they are here. WILLIAM - sworn. Between the 11th of September 1790, to the 1st of September 1791, all the books were pledged by the prisoner at the bar; the first was the 11th of September 1790, a small book, pledged for one shilling, the next was one on December the 17th, for one shilling and seven-pence, the next the 18th of January 1791, the next the 25th of January. Q. Were any pledged about September 1791? - The last book was pledged the 5th of August, there was nothing pledged on that day, but the shoes. Prisoner. I have since lived as a clerk and book-keeper to the King's Arms, and I lived there for ten months. and I had a deal of property entrusted to my care, and I gave a satisfactory account. GUILTY . (Aged 24.) Transported for seven years . Tried by the second Middlesex Jury before Mr. Justice BULLER. 173. THOMAS PRUDEN was indicted for stealing, on the 15th of February , a loaf of wheaten bread, value 1s. 2d 1/2, and another loaf of wheaten bread, value 7d. 1/4 , the goods of Peter Renvoize . PETER RENVOIZE sworn. I am a baker ; I live in Church-street, St. Matthew's, Bethnal Green; the prisoner was brought to my house on Saturday last, by Mangs, who detected him in stealing the bread out of his basket, in Brown's-lane, Spitalfields , my servant was carrying of it. JAMES MANGS sworn. I am a baker; I am a servant to Mr. Stebbing's, Dorset-street; I was serving my master's customers in Brown's-lane, Spitalfields, Saturday last, and I saw a basket turned down, a baker's basket, in Brown's-lane, with the face against the wall, I see a man standing by it, he did not appear like a baker, I had some suspicion; in the space of a minute or two I see him pull the basket on one side, and take out of the basket one half peck, and a quartern, two loaves, he had a sack at his back at the same time, that had bread in it; he took them under his arm, and walked away, he walked a hundred yards, and I stopped him with it; I followed him, I asked him where he was going with that bread? he said what was that to me; I told him I did not think that he had any right to take it; he said yes, he had; says I if you have it is all very well, but I don't think you have, therefore I shall detain you on suspicion; and he came back with me to the basket, and he went to put it into the basket; no, fays I, we will stop here till the man comes who belongs to the basket; he said he should not stop, I insisted on stopping him, I detained him myself, and while I was detaining of him the owner came up, his name is Flashman. First of all I asked the prisoner if he knew the basket; he said he did. Q. Was the prisoner the man that you have been speaking of all this time? - Yes, Then I asked him do you know the man belonging to the basket? he said he did; says I, tell me who he is, perhaps I may know him; he said he should not tell without he liked; says I, what is the objection, if you are right you may as well tell me as not; says he it is George, at Mr. Lawson's, Bishopsgate-street; very well says I, if it is Mr. Lawson's, Bishopsgate-street, it is all very well. I kept him there till this man came to the basket, when he came up to the basket I asked him if he was Mr. Lawson's man? he said no; says I do you know this man; says he I don't know him; he owned the basket, and the bread, and the prisoner was secured; I asked him where he lived? he said in Church-street, Bethnal Green. Prisoner. Ask him wheather I had any bread in the bag or not, and whether I had forsook the basket or not when he detained me? - He had. - FLASHMAN sworn. I am a servant to Mr. Renvoize. Q. Was you out with the bread this day? - Yes. Q. On Saturday last where had you left your basket? - In Brown's lane. Q. Why did you leave it there? - I went down to Duke-street with bread out of it. Q. When you left your basket was it standing up, or turned down? - It was turned down to the wall. Q. Is that your usual way of leaving it? - Yes. Q. How long was you absent before you heard any thing? - About a quarter of an hour, I took bread out for four customers, and one customer detained me out long. Q. When you came back what did you see? - This young man asked me if the basket was mine? I says, yes. Q. Did Mangs shew you any bread? - He shewed me a quartern, and a half peck. Q. Did you know that bread? - Yes. Q. Was there any marks on it? - Yes. Q. Was it part of the bread that you had in your basket? - Yes. Q.Was it your master's bread? - Yes. Q. How many more loaves had you in this basket? - Seventeen. Prisoner. Ask him whether he owned the bread when he first come to the basket? - Yes. I did. Prisoner. I had been to by some bread, being Saturday, I went to buy what would serve me nearly the week, I paid a shilling and a halfpenny for five three-penny stale loaves, coming along this place I made rather a stumble, and stumbled against this basket, these two loaves were on the top of the basket, and they fell down, and this man came by, and wanted me to pick up the bread, and I picked up the bread, and laid it on the basket, and he said now I will stop you till the man comes, who owns the basket; and the officer that took me I took him to Smith's, of whom I bought the bread, and he owned that I bought the five loaves of him, before the officer; the man was here yesterday, but God knows whether he is now here or no. GUILTY . (Aged 46.) Publickly Whipped . Tried by the Second Middlesex Jury before Mr. Baron THOMPSON . 174. THOMAS WHITE and JOHN CURRIE were indicted for stealing, on the 6th of February , a piece of black lace, containing twenty-four yards, value 3l. 15s. the goods of William Morratt . WILLIAM MORRATT sworn. I am in the law, my wife keeps a milliner's shop, she lost some goods the 5th of February, a piece of black lace, I know a piece was lost, but how I cannot tell, I have seen it since, but I don't know it. ABIGAL MORRATT sworn. I am the wife of the last witness, I lost some black lace, the 5th of February, about a quarter after four in the afternoon, the piece contained twenty-four yards and three quarters. Q. Where was it taken from? - The window. Q. Did you see any body take it? - No, I was in my shop about four o'clock, shutting the door after my husband, about ten minutes after there was a person in my shop, I went out and there was only one card in the window, in ten minutes before there were two; I immediately sent for my husband from the office that he was at, informing him of it; he sent and gave information to Bow-street, and then the lace was stop ped by the pawnbroker; I saw it the next day at the pawnbroker's. Q. In whose custody was it you saw it? - At the pawnbroker's, John Hughes 's. Q. Do you know that lace? - I do, but I cannot so well swear to it as the gentleman Mr. Charlesworth, that is now present, that I bought it of that very morning. - CHARLESWORTH sworn. This was my lace, that morning I sold it to the lady. JOHN HUGHES sworn. The prisoners at the bar came to Mr. Wooding's shop, as near as can be at five o'clock in the afternoon, and this lace was offered by them to pledge, I thought it was not theirs, in consequence of which I sent to Bow-street for an offacer, to take them into custody, and they were taken immediately; that is the lace which they brought. Mr. Knowlys. Was not Currie the person that had possession of the lace? - I cannot positively swear. Q. On your oath was not Currie the man who asked you what you would give for it? - I believe it was, but they both came together. Q. Was it not Currie who all along treated with you as the owner of the lace? - I believe it was. Q. You often have persons come into your shop together, one as the owner of the goods, and the other as a companion? - Surely so. Prisoner White I was going home about five o'clock, and I met the prisoner Currie, and I accompanied him innocently into the shop; I know nothing of the lace, nor had nothing to do with it. Prisoner Currie. I went on some business to Bedfordbury, on my returning to the borough I picked up this lace at the corner of New-street, Covent-garden, wrapped up in a piece of paper. The prisoner White called five witnesses who gave him a very good charaster. Thomas White , Not GUILTY . John Currie , GUILTY . (Aged 26.) Transported for seven years . Tried by the second Middlesex Jury before Mr. Justice BULLER. 175. MARY WHEATLY was indicted for stealing, on the 15th of February , a she ass, value 3l. and one foal ass, value 5s. the goods of the Right Honourable the Earl of Tankervill . MARTIN MUNDAY sworn. I am a servant to my Lord Tankerville, my Lord lost an ass and foal last Wednesday or Thursday morning, they were taken away from very nigh the house, in Walton upon Thames, in Surry ; they were taken out of a field, I saw them Saturday the 10th, when my Lord and family left the place, I never see it after the 10th; on Saturday following, the 15th, my Lord sent for me, he has a large garden the other side of Paddington, about two hundred yards, the servant was waiting there, and saw two women coming with the ass and soal, my Lord sent to me to look at the ass, to know whether I knowed it or not, and I am very certain it is my Lord's ass. Q. Who had got the custody of the ass when you saw him? - This woman, the prisoner at the bar, was leading of it, and the other was leading of it with a bridle; when I came there I met them, the top of Seymour-street, my Lord stopped the ass himself, I was not there, my Lord sent for me to meet him. Q. So it was some time before you saw it afterwards? - It was stopped about a quarter of an hour or twenty minutes; and the ass was my Lord's. Q. Have you any reason to suppose that this woman took it? - Only by its being found on her. We lost three asses that same time last year. Prisoner. I was coming down below Harrow on the Hill ; I met this gipsy, I had a little lame horse, and they asked me whether I would chop this little lame horse for this ass? and I did; as I was coming along the high road the next day, there was a gentleman met me, and asked me whether I would fell this property? and he left me a card where to bring it. I never was in London before, they took me up at such a nonplus, and my husband being in the militia, that I don't know where to send to him. I have six small babies. Not GUILTY . Tried by the Second Middlesex Jury before Mr. Justice BULLER. 176. WILLIAM SULLIVAN was indicted for stealing, on the 8th of February , a pair of leather breeches, value 10s. a pair of men's leather gloves, value 1s. one guinea and three half guineas , the goods and monies of John Dailey . JOHN DAILEY sworn. I am a private dragoon , of the ninth regiment of dragoons, laying in Dublin, in Ireland; I was robbed of these things between Friday the 7th, eleven o'clock, and Saturday morning; it was in Fleet-lane ; it had not been my lodgings, it was where I took up my lodgings for that night. Q. Did you go with any company there? - I paid two shillings for the lodgings for the night, it was a private house. Q.Whereabouts is this lodging house? - I cannot say to the number of the house, it is in Fleet-lane, Q. In what room did you lodge? - cannot say how many pair of stairs of the house. Q. Was you sober? - I had bee sober, I went to bed, and I doubled th breeches under my head, and laid in regimental coat on the bed, and this grea coat on the bed, and my hat on them the gloves lay in my regimental coat pocket. Q. This guinea and three half guineas, where were they? - In the right hand sob of my leather breeches. Q. You are sure that these breeches, with this money, was under your head? - Yes; when I awoke in the morning, it was between seven and eight in the morning, and I saw my regimentals tossed about the room, my hat in one place, one regimental coat in another place, and this great coat in another place; I just turned down the bed to see whether I had my breeches under my head, and I missed my breeches from under my head, directly I made a rout about my breeches; there was a woman sleeping in the same bed, it was her lodgings. Q. Where did you get acquainted with this woman? - At the very next door, she carried me to this house, I knew nothing of the house myself. Q. When you went to bed did the woman go to bed too? - Yes. Q. Did she remain in bed as long as you remained awake? - She did. Q. When you awoke was the woman in bed or was she gone? - She was in bed. Q. Was there any body else in this room? - Yes, there was another woman in the room and in the same bed. Q. Were they both there when you sell asleep? - Not before I fell asleep. Q. When you awoke were both the women there? - They were. Q. Were there any other people in the room besides you three? - No, none when I went to bed. Q. When you found you missed your breeches what did you say? - I told them no strangers could come into the room to take the breeches; they said stop, here for an hour and we will find the man that has took the breeches, I went to the next door without my small clothes, and the person there said, he would find a man that would find him directly, and the two women brought the prisoner at the bar and said that he took the breeches, they brought him before eleven o'clock, as we came down stairs out of the room after we had been and searched it with the constable; we met him and them just at the foot of the stairs coming up into the room, but I see none of my property taken from him. Q. Did you ever see him in the room at all, or any where in that house where you slept? - I had not. Q. Have you ever seen your breeches since, or your gloves? - I have seen the breeches, I got them the same day at Guildhall from the hands of the constable that took them, Dawson. Q. That was the day after you was robbed? - I believe it was the very morning. Q. How did you know that the breeches that you see at the magistrate's to be your's? - Yes, I knew them because I bought them in Ireland, and wore them in Ireland and brought them here. Q. Have you tried them on since? - I have and they fit me the same. Q.Besides that, is there any thing remarkable about them that you know them by? - There is a string cut off on the right knee, and a button broke on the left, and where I tore them on ship board. Q. As for this money, when had you last seen this money? - About ten minutes before I went to bed, I put it into my pocket, I paid two shillings for the night's lodging out of it. Q. Did you look at this gold at the time that you paid the two shillings for your lodgings? - Yes, about ten or fifteen minutes before. Q. How came you to look at your money? - I got change for half a guinea then I put the silver into my sob; I saw it after I had been in company with these girls but not after I had been in the room. Q. I want to know exactly when it was you saw this money before you went up into the room? - It was in the lobby, outside of their room door. Q. Are you positive that you put it then into your fob? - I am. Q. Did the girls see you put it into your fob? - No, they did not, for I denied that I had any gold with them, and left my furlow till the morning. Q. Have you ever seen your gloves since? - Yes, at the same time that the breeches were seized, the gloves were seized, I see them at Guildhall. Q. You had never seen this man before? - No. SUSANNA COX sworn. Q. Do you live in Fleet-lane? - No. I know John Dailey the irishman. Q. Where did you meet with him? - I never met with him at all; I was with this young woman two or three nights and I went to bed, and this young man and woman came to bed; I was not in bed when the gentleman came into the room, but I went to bed and I went to sleep before they came to bed, I never waked till morning. Q.What happened when you awoke in the morning? - We were altogether, I don't know who awoke first. Q.Was there any thing said about this man's breeches? - The gentleman asked for his breeches, and the young woman went to give him them, as I thought, and she said she could not find them. Q. Did he tax you or the woman with having them? - No, he did not me, he accused the other young woman, Rebecca Taylor, with having them; this Rebecca Taylor said that she had a suspicion of this Sullivan taking them, and she asked me to go to this Sullivan's; I did not know that he had the breeches. Q.What time did you go with her to Sullivan's? - About nine o'clock in the morning. Q. Where did you two find the prisoner? - In White's-yard, Saffron-hill. Q. What became of the prisoner, and you two? - He followed us as far as Fleet-lane, and came to Fleet-lane, and then Mr. Jostling took us. Q. Was Dailey with the constable when the constable took you? - Yes. Q. You went to bed first, did you see any breeches put under the bolster? - I was very heavy to sleep, and went to sleep directly. Q. When the man came into the room he was dressed, was not he? - Yes, he was. Q. Did he bring any other clothes with him, than what he came with? - No, no bundle at all. Q. Who paid for the room? - There was nobody paid for the room at all, he gave two shillings for something to drink, but nothing for the room. Q. Did you see the gloves there at all? - I never saw them till I saw them with the constable at Guildhall. REBECCA TAYLOR sworn. Q. Do you know this John Dailey , the Irishman? - I saw him at the Elephant and Castle, a public house in Fleet-lane. Q. Was he drunk or sober? - I cannot say, for I did not know him before, he appeared sober. Q.Did you take him to your lodging? - Yes. Q. Had he any bundle with him, or only his dress that he had on? - Only what he had on. Q. When he went to bed what did he do with his breeches? - He said he put them under his head, I did not see him, I went down stairs to speak to a young woman in the two pair of stairs. Q. Did he bring any gloves with him? Did you see any gloves? - I did not, that young woman was in bed, and he was getting into bed when I came up, and I went and undressed myself and went to bed; in the morning, the things were missing; I had a suspicion of that young man having them. Q. Who did Dailey accuse of having them? - He did not accuse any body, I am sure of that. Q. When he lost his breeches did not he say that you had taken them away? - He said nobody else could have them, but them that were in the room; I told him I would try to get them him in an hour, and he went away with a great coat wrapped about him; I knew nobody else but the prisoner could come into the room, because nobody else knew the way. Q. Was the door fastened? - The prisoner had been in the room, because he slept there on the Wednesday night with me, and he knew that the lock was broke, and how I faitened the door. Q. Had any body been in the room besides you three, this night that this man lost the things? - No. Q. Then having this suspicion of the man did you go to the prisoner's lodgings, you and Cox? - Yes, about eight o'clock in the morning, and he came down with us to our landlord, with me and Cox, and we were taken into custody. Q.Had you told him what he was to come there for? - Yes, I told him we had missed the breeches; he d-d us, he said he would come and tell my landlady that I had robbed the man of his breeches, and wanted to alledge it on him. Q. Do you know whether these breeches have ever been found? - I went along with the two constables, and they found them in a back room, in a house in White's-yard, Saffron-hill. Q. Did you ever see him in that room? - That was the room the young woman brought him from; I was afraid to go down, for fear he should ill use me. Q. Was the other woman present when the breeches were found? - NO, she was in the Compter. Prisoner. I want to ask her which room the breeches were found in, because I live in the front room, and there is a back room besides. THOMAS BATEMAN sworn. I am a servant to Mr. Newman, of the New Compter; I found the things, Saturday week last, the day of the robbery in the night, about ten o'clock in the morning, I found them in White Hart-yard, in a room up two pair of stairs, in Saffron-hill; it was said that they were the lodgings belonging to the woman that cohabited with the prisoner; I was only informed so, it was not either of these women, these women live in Fleet-lane. Q. Did Cox go with you to the room? - I believe she was in the front room. Q. Was it on Cox's information that you went there for the breeches? - Yes, to shew us the house where he lodged at. Q. Did she only shew you the house, or the room? - The room up two pair of stairs; there was a woman, Elizabeth Hughes there, in a back room, and I found the breeches in a room that she came out of. Q. Were there any body else in that room but Hughes? - Yes, there were three altogether at breakfast. Q. Did you see the prisoner in that room? - No, the prisoner was in the Compter at the time. Q. Have you kept these breeches ever since? - No, the man begged of me, before the magistrate, to have the breeches, that he had no other breeches to wear. Jostling made a mark on them. Q. You delivered them to Jostling did you? - Yes. Prisoner. Which room was it that you found the breeches in? - In the two pair of stairs back room, where Hughes came out of, and where the women were at breakfast. Court to Cox. Do you know by his description where the things were found? - I never was in the rooms myself, it was not me that went with the constable, it was Rebecca Taylor . Court to Taylor. Do you know the room which these breeches were found in? - In the back room, up two pair of stairs; I was in the front room; I went with the constable two pair of stairs, into the front room. Q. Did you know who that two pair of stairs back room belonged to? - It belonged to one Mrs. Hart, the prisoner lived forwards, Elizabeth Hughes was in the back room at breakfast, but she lives along with the prisoner, in the front room, I never went there in my life before. Court to Bateman. Hughes was in the room where you found the breeches? - She came out of that room. Q. Where were the other women at breakfast? - In the back room, the breeches were taken from the same room. -JOSTLING sworn. Q. Do you know any thing about where the breeches were taken from? - I do not, the prisoner acknowledged to taking the breeches, but he denied the money, as he was coming to Newgate. Q. Did he know you was an officer? - Yes, because I put him in the Compter; I was talking to him about the three half guineas, and guinea, that he had better bring that forward; I told him that I was sure if he had the breeches, he must have the money, he said he had the breeches, but he had not the money. Q. You had told him that he had better bring that forward? - I had. Not GUILTY . Tried by the London Jury before Mr. RECORDER. 177. JOHN CONNER was indicted for stealing, on he 15th of February , a quart pewter pot, value 10d. the goods of Henry Hart , a pint pewter pot, value 6d. the goods of William Towers , and a pint pewter pot, value 10d. the goods of Thomas Longworthy . HENRY HART sworn. I am a publican, I keep the Bricklayers Arms, Blackfriar's , I lost a pewter quart pot. Q. Who did the other pots belong to? - To Mr. Towers and Longworthy. Q.Were they under your care? - They were not, they were all found at once on the man. Q. Did you see your's taken or how did you miss it? - Mr. Towers called upon me Saturday last in the evening, and told me that he had detected one that had stole pots, and told me he would be glad if I would attend at Guildhall, on Monday morning which I did, and there I saw my pot, on Monday last, the 17th of February. Q. Was it a quart pot? - It was. Q. What time of the day did you attend there? - At twelve o'clock, no Alderman sat that day, we went again on Thursday. Q. When had you missed the pot before this? - I had not missed it at all. Q. Can you say there was a pot missing? - Yes, I had a pot missing on Saturday afternoon, that is the Saturday before. Q.Your name was on this pot? - Yes, and the arms of the public house. Q. Have you ever sold any pots with your name and arms on them as old pots? - Yes, about five years ago. Q. Were these the same name and arms as was on this pot? - Yes. WILLIAM TOWERS sworn. I keep the White Bear in Bride-lane , I was returning home on Saturday afternoon about four o'clock, the prisoner was coming out of my door, the waiter was following him, the waiter told me that he thought the prisoner at the bar had got some pots, I brought him back and sent for a constable. Q. What did you find on him? - The constable is here that searched him, I see him searched, I saw two quart pots, a pint pot, and a flat iron, taken from him, the constable has got them, his name is Underhill. THOMAS UNDERHILL sworn. I am one of the servants of Bridewell Hospital, I am a constable, I took these pots from the prisoner myself, I was sent for, Mr. Towers had got the man by the collar when I came. Q.How many pots were there? - Two quart pots and a pint, I have kept them ever since in my own possession. Hart. Here is one quart pot amongst them mine, there is a particular letter marked on the front of three pots, I had two of them lost, and I missed one in the afternoon. Q. How far was this man taken from your house? - I cannot say rightly, about a quarter of a mile, he was taken in Bridge-street, and I live in Earl-street. GUILTY, Of stealing, one quart pot, value 10d . (Aged 63.) Imprisoned six months in the House of Correction , and Publickly Whipped . Tried by the London Jury before Mr. RECORDER. 178. SARAH MARTIN was in-indicted for stealing, on 29th of January , a pewter quart pot, value 1s. a pewter pint pot, value 6d. the goods of John Tooke . JOHN TOOKE sworn. I keep the Grotto in Southampton-buildings , I lost a pewter quart pot, and pint pot the 28th of January. Q. Did you see them taken? - I did not see them taken. Q.Did you miss them on that day? - I did, from a gentleman's house that I sent them to, a house that I sent them to in Southampton-buildings, I don't recollect the day of the week it was, I am sure it was the 28th of January. Q. How soon did you recover them again? - On the morning of the 29th, about nine o'clock, or rather before, two officers that are here, came and called at my house before I was up in the morning, my wife came down first, they brought one pot with them, the officers names were Robert Willey and William Conway . Q. Was it a pint pot or a quart pot they brought? - It was a pint pot. Q. Where did you find your quart pot? - They had it at Guildhall when I went down to meet him there, it was between ten and eleven. Q. Did you know these two pots? - Yes, by the marks. Q. Is there any other mark besides your name and the sign of the house? - No others, than the letters on the handle. Q. Do you mean to say that you are certain that those pots that you saw at Guildhall, were pots that you lost from that gentleman's house? - I missed no more that day. Q. When had you missed any before? - About three days before, I had missed six or seven, and I missed seven about a week before. Q. Had you ever sold any pots that are described in the manner that you have described there? - I never sold any pots of that kind, or ever parted with any. RICHARD WILLEY sworn. I am a patrole belonging to St. Sepulchre's, in the City. There was a person in Smithfield that had lost a two gallon tea kettle, and we had information it was at the prisoner's in a place called Black Bov-alley, going to search her place, and her son's place; she says to them don't open the door; she lives in the two pair of stairs, and he lives in the one pair of stairs; we went and searched after the copper tea kettle, I saw the son in the one pair of stairs room, and the mother in the two pair of stairs; but if your lordship will permit me, I will explain it further. The house belongs to one Clark, they are lodgers in the house; as I knocked at the son's door, she calls out over head, don't open the door, you know what is the matter; with that I attempted to break it open, directly her son says I will open the door; he was naked, it was about four o'clock in the morning, as soon as he opened the door, she says to the child up stairs, about two years old, where is the two pots? there was nobody else in the room, but a little baby, the son opened the door, he was in the room below, and the mother was in the room above, I was standing at the one pair of stairs door, the child was up above with the mother, my fellow servant was at the street door below; I said to him, Bill, mind, there is something coming out, we goes up stairs and breaks her place open, and we found other things that we have got now in possession; she chucked the pots out. Prisoner. I was fast asleep in my bed when the gentlemen came up, I never got out of my bed, I am as innocent as a child unborn. Court to Willy. How far is this woman's room from where the prosecutor lives? - About half a mile, or somewhere there abouts. WILLIAM CONWAY sworn. I am an officer, I went with the other man, I heard her say there is the pots, I happened to be in the yard at the time. Q.Was she in the room above stairs then? - Yes, in the two pair of stairs, I thought some other pots were coming out, that she was going to throw it over my head, then I was prepared, and I saw a woman take and throw these two pots out of the two pair of stairs window, I was on the threshold of the door, and I put my head out, for fear I should have something on my head. Q. Can you say by whom the pots were thrown out? - I could not, because they dropped them out, they did not put their heads out, they dropped on a dunghill. I picked it up directly. Q. Who did she address this conversation to, "there are the pots" - To the little boy that was in the room up stairs with her. Here is a piece of metal, pewter, and these two things fit for melting in. Q. Were these pots any part melted? - No, not these. Court. Where did this happen? - The 29th of January, in the morning. Q. Do you know what day of the week? - I did not. WILLIAM JONES sworn. I was the watchman, I was there at four o'clock in the morning, at this time. Q. Did you see the pots fall out of the window? - No. Q. Did you see the woman in the room? - Yes. Q. Did you see things taken out of the room that the other witness has produced? - Yes. Q. Was the woman brought away at that time? - Yes. Q. Did you take the son into custody? - Yes, on other business. Q. Did the woman say any thing at all to you about these pots? - No further than she said that she never had the pots at all in her room. Q. As you are the watchman you know this house perhaps? - Yes. Q. Do you know whether the son and mother live separate in this house? - The son lives in the one pair, and the mother lives in the two pair, I know it by going there that morning, the son told me that he lived there four months. Q. Was she present then? - No, she was not. Tooke. They are my pots, I have no doubt about them at all. GUILTY . (Aged 53.) Imprisoned six months in the House of Correction and fined 1s . Tried by the London Jury before Mr. RECORDER. 179. WILLIAM WILLIAMS was indicted for stealing, on the 20th of January , a linen shift, value 6d. a cloth jacket, value 2s. a cloth cloak, value 2d. a hempen hammock, value 4d. a velverett waistcoat, value 4d. a flannel ironing cloth, value 1d. a linen table towel, value 1d. the goods of Richard Herbert . MARY HERBERT sworn. Q. What is your husband's name? - Richard Herbert , I live in Virginia-street , I work at my needle. Q. What do you know about losing any of these things that are put in the indictment? - They were taken out of my room, I saw them there on Monday the 20th; I lodge with Mary Campbell . Q. Where were these things of your's put? - I left them at the end of a hair trunk, on Monday the 20th, all the things in the indictment, I went out about half past four. Q. Did you lock your room? - I did. Q. Did you leave any body in the room? - No one. Q. Did you take the key with you? - Yes, I returned a few minutes after six, I cannot be particular to a few minutes, I had light a candle at the public house, next door, I missed the hammock as soon as I went into the room, my room was below stairs. Q. Where had you got your candle? - I bought it before I got to my apartment, I put the key in to open the door, and I found the door flew open, without my unlocking, I went and light my fire, and went to look for my hammock, I used to put it under my feet, being ill with a fever for some time, and I missed it; I had left the hammock at the end of the trunk, on that I went up to the woman that keeps the house, and asked her whether she had seen any body? my husband came in immediately, and missed his jacket, which was laying among the things there. Q. On your going home did you find your husband in the room or not? - He came home about twenty minutes afterwards, to the best of my knowledge; in the morning I see all the things I had lost, in possession of Mr. Bare, who is an officer of the Trinity House; in a public house in Virginia-street; he produced them to me, I knew them to be mine. JOSEPH BARE sworn. I am a Trinity officer. On Monday night, the 20th of January, about six o'clock in the evening, I saw the prisoner at the bar, with this bundle of goods in his possession, at a place called North East-passage, Wellclose-square; I took hold of him, and asked him what he had there? there was a wine-vaults close by there, and I took him in there, I asked what he had there in the bundle? he said they were a few things brought from aboard of ship; I took then and opened the bundle, and saw a child's frock in it, and told him that I did not think that these things could come from on board a ship, or else this child's cloak would not be among them; with that I immediately secured him, and took him to the magistrate's; I went the next day about the neighbourhood, to give them notice, in the afternoon this good woman came up, and asked me if I would be so obliging as to shew her the bundle; it was at the Virginia Planter, the public house right opposite the office, and I went and got it down, and shewed it her, which she said was her husband's property, that she could swear to, excepting this outside coarse apron. Prisoner. Ask him whether I did not tell him every thing that was in the bundle, when he first stopped me? - I do not recollect any such argument being between us at all. Mrs. Herbert. This jacket I put a gore in the steeve, I know the child's cloak, it belonged to a child that used to be along with me, that I kept; this hammock I used to put under my feet, it is a dirty thing, this velverett waistcoat is my husband's; here is an ironing cloth that I know, and a linen towel. Prisoner. On Monday night I was going to go down Wapping, to get a man to get me a ship, to go on board a West India man, I was to go to the Jolly Sailors, I did not see him there, I was coming up from there, I see these articles all lay one by one, the first thing was the hammock, then a bit of an old towel, then a bit of a shift, and a bit of an old waistcoat, with the flannel side outward; I picked them up, and was going to sell them for old rags, and when this man took hold of me, and took me into the public house, I told him every thing what it was. My father has been dead about a fortnight before I was taken up, and was going to get a ship to go to sea; had I known the consequence of picking up these things, I should never have touched them; any body else would have been as liable as me, I thought they were nothing but rags. GUILTY . (Aged 35.) Judgment respited. Tried by the second Middlesex Jury before Mr. Baron THOMPSON. 180. ANN WILLIAMS was indicted for stealing, on the 1st of February , a canvas purse, value 1/2, fourteen guineas and one half guinea, the goods and monies of John Harris , in the dwelling house of James Wade . JOHN HARRIS sworn. I live in York-street, in the parish of St. Margaret's , in James Wade 's house; I have lived there about two years, or there away, it is a private house; I lost fourteen guineas and a half, in a purse, the 1st of February, Saturday, it was taken from my wife, out of her chest of drawers; the money was in a little box, in the bag, in the chest of drawers. Q.What time of the day was it taken? - I went out on duty about five o'clock in the evening; I am a patrole belonging to Bow street, I left this woman with my wife about a quarter of an hour before I went on duty, I never saw her before that day in my life. Q. How came she there? - It appears she had seen my wife the day before, the 2d of February, being Sunday, about eleven o'clock, I cleaned myself, and was going to church, my wife asked me as I was going down stairs, where I was going? I told her I was going to church, and I had gone about half way, and she ran after me, and said John, have you got that little bag in your pocket? I said what bag? says she the little bag with the money; I went back with her, and it could not be found; says I to her, who has been here? says she, nobody but that Welch girl, the last night; I found the purse was gone, I went to my partner, Mr. Creedland, and we pursued the prisoner, and we found her in Queen's-court, Pimlico, in the house of one Mr. Davis; on Sunday about four o'clock, when I came to her, I asked her how she came to make my property away, and rob my wife of it? I said to Mr. Creed land I wish you would search her; so Joseph Creedland began to search her pockets, and was proceeding to search her about the breast, and she refused, and said she would not be searched about her bosom, or bubbies, by him, or any man, she would be searched by a woman, accordingly Mrs. Davis, the person who was in the room went to search her bosom, and there she found a little pocket-book in her bosom, she spoke something to Mrs. Davis in welch; says Mrs. Davis I shall not conceal your roguery at all; she throwed the pocket-book on the ground, and there was the purse in it; I said joseph, that is mine, and he looked into the purse, and there were ten guineas and a half in it, of the money, and three shillings, and two six-pences, that is all the matter, as far as I found the property; I asked her what she had done with the rest of the money? she would give me no satisfaction. MARY HARRIS sworn. I am the wife of the last witness, I was going through the park, and met the prisoner, and understanding she was a welch girl, I asked her what part she came from, and she came from a part that I happened to know; I wished to talk a little with her, about that part, and I asked her to call on me, and she called on me the next day, Saturday, just at the same time that my husband was going out on his duty, and I gave her some bread and cheese, and when I went out for a pint of beer to treat her with, she went and took that purse, with fourteen guineas, and a half in it. Q. How do you know it was taken during the time that you went for the beer? - Because I never left her there but at that time; then the next morning I went to look for a cap in the drawer, and I saw the little box open, and my husband was just gone out to church, and I went out after him, and asked him if he had taken the purse with the money. Q.How long did she stay with you? - She stayed with me till between eight and nine o'clock, as near as I can guess. Q. This was a chest of drawers, was it? - It was. Q. Were the drawers locked? - No, they was open. Q.Have you seen the purse since? - The gentleman that took it from her shewed it to me. Creedland. I have got the purse. Mrs. Harris. This is my bag, I made it myself. John Harris . This is my purse my wife made it for me. JOSEPH CREEDLAND sworn. I am an officer of Bow-street, on the 2d of February, John Harris came to me and told me that he was robbed of fourteen guineas and a half in a purse, so we went to seek after the prisoner, and we found her in Queen's-court, Pimlico, and I asked, her what she had done with the money that she took from Mr. Harris the last night? she said she had not seen his money, nor ever had any of his money. I then told her I must search her pockets, she readily pulled her pocket outside of her petticoats, and I found three-pence halfpenny and two keys, then I told her I must search her bosom, she said she would not let me search her bosom nor no other man; I asked if she would let this good woman search her bosom, Mrs. Davis, and she readily consented and she brought out this little pocket book and she threw it down, and I picked it up and have kept it ever since. Mrs. DAVIS sworn. The prisoner frequented my place now and then, I being her own country woman. I had not seen her for two months before, till last Saturday night she knocked at the door, when she said she was married to a lawyer in the Tem ple, she said she was going to Wales, and asked if I had any message to go to Wales? I said no, I said to her as you have got two bundles about you it will be dangerous that you will be robbed, you had better have a coach; I went out to see for a coach, and I could not get any, and I told the watchman that there was a young woman that was going to Wales at my house, so then he came down to my house, and he says to her it is better you stop here till the morning four o'clock, and I will go with you through the Park to see you safe, but now I can not; in the morning the watchman came at four o'clock, and we went to the White Horse cellar, and I asked if the Bristol coach was gone? it was half past four when we got there, they said it was gone ever since four o'clock; O! says she what shall I do? says I, is there no other coach will do? and we found that that there was another coach going again at half after five in the afternoon, and she took the coach for seventeen shillings and had change for a guinea, and had four shillings; I then said you had better go home with me now, and go to sleep,or else perhaps you will tumble over the coach, so she came back with me and had a bit of breakfast, and a bit of dinner; so at four o'clock she saw the Corporal Evans come up the court, he was with the constable, and she went and hid herself up stairs in a lodger's bed, but they went up and took her, and I searched her, and when I found the pocket book in her bosom, she said, for God's take save me if you can, she spoke it in welsh. Prisoner. I never took the money, she took the money out of a drawer and put it in my hand to carry to some of her friends in the country. Court to Mrs. Harris. You are a welsh woman? - I am. Q. Did you want to send any money into the country? - No, I have no friend in the world but that good man, my husband, it was some money that I had laid by to help me when I was old, or should be sick. GUILTY . Death . (Aged 22.) Tried by the second Middlesex Jury before Mr. Justice BULLER. 181. MARY BOUCHIER was indicted for stealing, on the 7th of February , a silver tea pot, value 3l. two silver gravy spoons, value 1l. three silver table spoons, value 1l. a desert silver spoon, value 5s. a four prong fork, value 1l. four glass salts with silver tops and bottoms, value 2l. three silver salt spoons, value 3s. two pair of linen sheets, value 1l. a linen table cloth, value 5s. a cotton counterpane, value 1l. the goods of Peter Boileau in his dwelling house . ISABELLA BOILEAU sworn. I live in Bruton-street , Peter Boileau is my husband, I was married to him twenty years ago at St Martin's Church. I hired the prisoner for a woman cook about ten days before she came to my house, she came the 6th of February at night, she went away the next morning on the 7th before I was dressed, very early without my knowledge at all. Q. Did she leave your house by your content? - Certainly not. Q. Did you at any time after she left the house miss any property? - My other servant found it out, and came and told me, my house maid, I did not know her name. I got up and went down stairs and enquired what was lost? and they told me there was a great many things gone, which frightened me very much indeed. Q.What did you miss? - Every thing that is explained in the bill, a silver tea pot, two gravy spoons, a little spoon belonging to my daughter, four salts, two pair of sheets, and three salt spoons, a table cloth and a counterpane; every thing that is in the indictment. Q. What did you do on finding this loss? - I went to Bow-street. Q.Have you seen any of your property since that? - Every thing, I saw it at Bow-street when the constable brought it two or three days after. Prisoner. Ask her whether I by any means was engaged or hired by her as a servant? - Certainly she was engaged as a cook servant. Court. Was she hired to come for any certain time? - For a twelve-month. ANN GOOSTRY sworn. I lived with Madam Boileau in Bruton-street, Bartlett-square. Q. How long have you lived with her? - A fortnight to day. I was in the house about half an hour before the prisoner for the first time I entered the service; I came the very day that the prisoner did for the first time. Q.Pray had you any conversation with the prisoner at any time and when? - About half after one in the morning it might be, when we servants were going to bed, there was a silver tea pot on a tea board, on a dresser in the kitchen, I thought it had been block tin at first, and I looked at it again and saw the stamp at the bottom of the pot, and I shewed her the stamp and told her it was silver, and some china that she remarked, some cups and saucers that she remarked were very old fashioned china, and I told her that they were not; there was a pair of clean sheets that we had to put on our bed were airing at the fire, which kept us up longer to air them, she said it was necessary to air them; while they were airing at the fire, before we did go to bed, as we might have gone to bed, she took the opportunity of hunting all over the kitchen, and looking into places that I thought she had no occasion to do; in looking about the copper, and under the coal hole, I thought her curiosity uncommon, but I said nothing to her; I began then to prepare to go to bed, I took the dirty sheets off the bed, folded them up, and put them on the table at our bed side; and before we went into bed she threw the remains of a scuttle of coals on the fire, and said, she wished the fire to keep in all night. We got up the next morning together a little after seven; while we were getting up she said she must wash the street door, but she must put on her bonnet, she said she should catch cold in case she did not. After I was dressed I went up stairs to open the window, or draw up the curtains in the second floor, and came down again for some wood for to light the fire up stairs, in the second floor; she light a candle to look for wood, and we went into the back kitchen together, and the first thing she opened was a large square box in the back kitchen; and there was plate in it, and there were four salts in it; she took them up and said, were they silver? I shewed her the stamp and told her they were; she took up an ink stand, which I believe is not silver, from the same box, and she asked me if it was silver? I told her I did not know; but in the stand there were two or three cruet tops, which were silver, she did not ask me about them; she took up a spoon for a middle dish on a table, which was plated, and other things in the box, which were plated, which she put down in the box. After this, as near as my recollection will afford, I think we went up both together into the parlour, to call the lad that lives with Madam Boileau, he sleeps a little behind the back parlour; in going through the parlour to call this lad, the cloth was left on the table the night before, the same as her ladyship had left it from supper, I made a remark of the cloth being left on, to the cook, which she made no answer to at all, but cleared the cloth away; she moved the plates away, and knives and forks, and four large glass salts, in this glass there were three spoons. Q.Pray can you tell if these salts were the salts that were missing? - They are not; I only made a trifling remark on the carelessness of servants, and I left her and went up to the second floor. Q. Where did she put these things that she took off this table? - She took them down into the kitchen, the plates, knives, forks, spoons, and table cloth. But before I went up stairs I went into the front parlour, we both went in together, she had taken the plates down, leaving the other things on the table with the cloth; we went into the front parlour, and she opened one shutter, and by the light that she had in her hand, she was looking at the parlour clock that was on the mantle piece, and looking at other things round the room, and she came to a sopha, she moved the pillow of the sopha and shewed me a counterpane; says she, here is a counterpane. Q. You had not seen that before? - No. I took a bit of the counterpane up in my hand, and took and looked at it, and said, yes, it is a counterpane. I then went up stairs to the second floor, left her in the parlour, I came down stairs again for a scuttle of coals, some little time after, and I met her with a table cloth coming down the kitchen stairs, coming out of the parlour, I was coming up after I had been down; I had been down for these coals, down the kitchen stairs, she was coming down with the table cloth as I was coming up; I went up stairs, being a stranger to the house, without knowing particularly what I should want; I thought I should come down again presently, and I came down for a broom, or a duster, or something that I had occasion for, and then I met her again with the counterpane, on the kitchen stairs; I had been down then, and was returning; I did not say any thing to her, because I thought it was work that belonged to her, if she thought proper to move it; I went up stairs and had every thing that I wanted for my work, and was not down again, I suppose, for three quarters of an hour. Q. Did she tell you what she was going to do with that counterpane? - She did not. After this, when I came down, the boy asked me if I had seen the cook? I think this must be rather after eight o'clock. Q. The prisoner was not by when the boy asked you this question? - No. Q. In point of fact the prisoner was not below stairs? - She was not. In the course of the morning she had told me that she must go to Burlington-street, to fetch her box that night or the next morning, where she had lived two years and a quarter. Q. Did she return? - She did not. Q. Then from her mentioning this I suppose you was not so much surprised at her absence at that time? - I concluded, when the lad asked me if I had seen her, that she had gone where she said she was to go. Q. At what time did the suspicion arise in your mind? - A little after eight. Q. Did she ever return? - Never. Q.When did you see her again? - On Monday. Q. What day of the week was this that she went away? - Friday morning. Q. Where did you see her on Monday? - At Mr. Bates's, an office for hiring servants, near James's-street, Oxford-road; she came there to apply for a place, as I heard, a lad came to fetch me and the lady, to see whether she was the person that they had the description of in the hand-bill that was given out; I went and saw her in consequence of that information; I was asked whether that was the person? and I went to her, and said, yes, it was; she at first said, she had robbed nobody, what was she detained there for? I asked her why she abseonded her place so clandestinely? she said, that she found it a place that would not suit her, and so she chose to go away. I looked at her petticoat that she had got on, and I said to her, Nanny, sure you did not take my gown away; there was nothing further passed concerning Madam Boileau; she was secured at this office. Q.Now you yourself, I suppose, don't know where the other articles mentioned in this indictment, were that night? - Yes, I know where every thing was; I was the only person that knew where they were. Q. Were all the articles in that square box? - No. Q.Where was the tea pot? - On the tea board; the other plate was in the square box, all but the five table spoons, three lay on the dresser and two in the soup plates that were brought out of Madam Boileau's room. Q.Had you any conversation about them five spoons? - No, none at all. WILLIAM GWYN sworn. I am an apprentice to a pawnbroker, Mr. Read, Fetter-lane. Q. Do you know the prisoner at the bar? - Yes. On Friday the 7th of February, she came to pledge a silver tea pot at dusk; this is the tea not; she wanted three guineas on it; I weighed it, and lent her two guineas and a half on it; it weighed fourteen ounces and nine penny weights, then she went away. I am sure it was the prisoner at the bar came to the shop; I gave her a duplicate in the name of Beddington; she said it was her own, it was safe enough, I need not be under any apprehensions. The tea pot has been in my possession ever since, except it was at the public office, at Bow-street, from Wednesday to Saturday; I took it to the office on Wednesday, on Saturday I had it again. Q.Then it remained at your shop from Friday to the Wednesday? - Yes. Q. Who did you deliver it to at the office? - To Justice Ford, and it was Justice Ford delivered it me back again; I made a mark on it when I left it, with a pen knife, the magistrate desired me. Mrs. Boileau. It is my pot; but I wish her not to be hanged. JAMES GRIFFITHS sworn. I am an apprentice to Thomas Jones , a pawnbroker, in Fleet-street; I rather think it was the prisoner that brought these spoons, but I cannot be positive; I think I know her, because she had pledged some spoons at our house. Q. Do you mean to say positively that the woman at the bar pledged these spoons at your house? - No, I cannot say positive. Q. Then a woman pledged them there? - Yes, on Friday the 7th of February, nine o'clock in the morning, there was a four pronged fork pledged at the same time. Q. What did you lend on these articles? - One pound fifteen shillings. Q. What was the weight of them? - I cannot recollect; there was a gravy spoon, a table spoon, a desert spoon, and a four pronged fork. Q.Did you give a duplicate? - I did. Q. Have you seen that duplicate since? - No, I have not. I delivered the things up at the office, at Bow-street, to the magistrate. Q. What account did she give of herself? did you ask her any questions? - No. Q. What name did she give? - The name Beddington. Q. You asked no questions as usual? - No. Q. How came they to be found out that you got them? - The constable came and enquired, and found them in our possession. Court. Look at that young woman again. What do you say about her? - I cannot be positive. Q. How long after she had pawned the things, did you see the person that was taken up on suspicion? - I saw her the next day. Q. And then you did not know whether it was the woman or not? - No. JOHN PADDINGTON sworn. I am constable and beadle of St. George's. I was sent for up to Madam Boileau, Bruton-street, and I went, and I was obliged to be at Westminster that day; I told her that the readiest way was to go to Bow-street, and have some hand-bills printed, (that was Friday morning,) and she desired me to break open this box; and I refused to do it till such times as it came to Bow-street, it is a box as was left, as I understand, by the prisoner at the bar. Q. Pray did you go in search of the prisoner, in consequence of information you received? - I did, on Monday following, at Oxford-street, I found her at the house of Mr. Bates, the intelligence office. Q. Did you take her into custody then? - I did; and took her to Mount-street watch-house till six o'clock, and she was examined at Bow street the same evening. Q. Did you, at any time, search the lodgings of the prisoner? - Yes, on the re-examination, the Wednesday following. Q. Where were her lodgings? - In Cursitor-street. Q. How do you know they were her lodgings in Cursitor-street? - Because the pawnbroker had found it out; she told the magistrate, that a key that was found on her, was the key that opened the door; it was taken from her person along with the silver spoons that are here now. I was ordered to go and search the lodgings; I did so,and that key let me in; I found these two pair of salts, mounted top and bottom with silver, one foot was broke off from one of them; three salt spoons; these keys, and an abundance of duplicates were found in a trunk that stood at the left hand of the door as I went in, at the bottom of the trunk. Q. What did you do after you found these things? - I took them to Bow-street, and kept them till the re-examination day again, that was Saturday, and I produced them on the re-examination. Mrs. Boileau. The gravy spoon has my husband's cypher on it, P.B. the other spoons are all marked the same; the tea pot is mine; the salts are mine, I have no doubt, they are cut glass mounted with silver; the salt spoons are not marked, but I know they are mine, and I lost such. Prisoner. I did not engage myself as an hired servant with that lady; she gave me two shillings, and told me to keep myself disengaged till Thursday week,(this was on the Thursday she engaged me before,) I have always gone out to dress dinners or ball suppers for going on of three years. I went to this lady's house about three o'clock in the afternoon, one of the young ladies told me I was not wanted then, I was to come and call again at night. When I called in the evening they were very busy, there were two servants going away, and they were searching their boxes for property that they had lost in the kitchen; that servant that was witness against me, she was in the house about half an hour before, one of the ladies asked me if I would go up and make Mrs. Boileau's bed? I went up and helped to make the bed; I came down stairs, and I was told to cut some cold beef for supper and send it up; I then asked the boy if they were going to have company in the morning? he said, I said what does Madam Boileau want with me, if she was not going to have company? I said I was not going to light the fire, nor clean the door, it was what I had not been used to, nor what I would not do (she gave me the two shillings when she engaged me the week before) I said that was what I never had to do in any family whatever I was in, and I should not do it; in the course of the evening the other servant asked me where I had a lodging, that she might come and lodge with me, because she said she could not think of stopping in such a family (it was this servant that is now witness against me) I told her then I should not stop, and she might come if she liked. She said she should come in a day or two, as the house was so abominable dirty she would not be in it, she then asked me to take part of her property with me, and she would bring the remainder at night; I took that bundle that she gave me into my hand with me, which was a gown, petticoat, and black cloak, I then unbundled it, and took the gown off the outside, and there were two pair of sheets, a table cloth, a counterpane, and two pair of glass salts in the bundle; I then took them into my own room with me, and laid them down on my own trunk in the room, I then went out and left them, I came home in the afternoon, about night; I never went out any more till the Monday morning following, when I went to Mr. Bates's office, Oxford-road. I had been accustomed to advertise at different times, in different papers, I have constantly done it for these two years. When I went to Mr. Bates's office, then the clerk at Mr. Bates's told me I must stop,then he told me that there was a robbery committed, that by my features and person, it was me that had done it; he detained me, and sent for the constable, and I was taken up; there were several duplicates in that bundle, that I had of that witness, but not of my pledging by any means, I never pledged any of the things at all. Court to Mrs. Boileau. Where did you hire this prisoner? - She came to my house, to say that she heard that I wanted a cook; I asked her where she came from? she said from Mr. Bares's in Oxford-street; I told her I never took a servant from an office; she then told me that she had a very good character, that she lived with Mrs. Middleton for two years and a quarter, if I would write to her; one of my people wrote to her, but we got no answer; she called in a day or two after, when she came to know if we had any answer; I told her no,and told her that she might come; she brought in a box full of dirt,and said it was her clothes. GUILTY . Death . (Aged 30.) Recommended to mercy by the prosecutrix. Tried by the second Middlesex Jury before Mr. Baron THOMPSON . 182. WILLIAM otherwise ROBERT KEMP was indicted for stealing, on the 20th of January , a pair of linen sheets, value 10s. a silver tea spoon, value 2s. the goods of Thomas Holden , in a lodging room . MARY HOLDEN sworn. I am the wife of Thomas Holden , I let the lodgings to the prisoner, at three shillings a week, I let them in January, the lodgings were furnished. Q. Does your husband live at home with you? - No, he is at Garrison, abroad, just by France, I am only a lodger. Q. But you have the care of the lodgings in his absence? - Yes, my husband is an invalid. Q.Did you lose any of your property after you let the lodgings to him? - Yes, one pair of linen sheets, and a tea spoon. Q. Were these linen sheets and tea spoons let as part of the furniture? - Yes. Q. When you let him these lodgings, was it part of the bargain, that you was to find him in tea spoons? - I was to find him in every thing for his use, that was wanting, and necessary; he was only one week in the lodgings, before he went away, I suspected he had taken some things out of the room, and I employed a constable to come and take him up; and I looked and found the things were missing, and he was taken before a magistrate, and committed, the spoon was at one pawnbroker's, and the sheets at another, they are both here. RICHARD MUNDAY sworn. I am a constable of the parish of St. Margaret's, Westminster, the prosecutor lives in Westminster, in Great Peter-street, in the parish of St. John's, the Evangelist. On the 20th of January last I was sent for to take up this man, for robbing his lodgings, and I took up the man. Q. Was that the day the robbery was committed? - I believe not, it appears by the duplicate found on him, to be the 16th of January, I found four duplicates on him, and two led to the discovery of the sheets and tea spoon, I have the four duplicates, I found also a letter directed to a woman, nothing material to this business. DAVID ROSS sworn. I am a pawnbroker, I produce a tea spoon, a person pledged it in the name of William Hill, I think it was the prisoner, to the best of my recollection. I never saw him before; I lent one shilling on it, it was pawned the 15th of January. Q. To Munday. Shew him one of those duplicates? - This is mine. JOHN BRIDGET sworn. I am a servant to Mr. Watson, Parliament-street; I produce a pair of sheets, pawned on the 16th of January, on a Thursday, pawned by a woman, in the name of Elizabeth Gardiner, she had seven shillings on it. Q. To Munday. Shew him the duplicate? - This is my duplicate. Q. To Munday. To whom was the letter directed? - To one Trimmer. Prosecutrix. The things are mine, there is my own name, and my husband's on them. Q. Have you any other marks besides your name on it? - No, that is the same spoon that I missed, there is no mark on the sheets, but I have another pair at home like them, they are my own work. Prisoner. I never denied pledging the articles, but far from a felonious intent; I had a chest of tools coming out of the country, and I should have redeemed them as soon as my circumstances would admit, and while I remained in the place I did not know that there was any harm in so doing, I had no intent of felony, far from it, because if I had, I had an opportunity of taking away other things in the place; I pledged them for as little as I could help, because I meant to redeem them again as soon as my circumstances would permit. GUILTY . (Aged 19.) Imprisoned six months in the House of Correction and Publickly Whipped . Tried by the first Middlesex Jury before Mr. RECORDER. 163. JOHN INNIS was indicted for that he on the 22d of June , did feloniously and falsly make, forge, and counterfeit, and did willingly act and assist in falsly making, forging, and counterfeiting a certain will and testament, with the name of Andrew Bowman thereunto subscribed, purporting to be the last will and testament of the said Andrew Bowman , bearing date the 28th of February 1792, and to be signed, sealed, and published, and declared as for the last will and testament of the said Andrew Bowman , with intent to defraud Sir Charles Morgan , Bart . and Thomas Wright , Esq . Indicted in a second COUNT with feloniously uttering as true a like will with intention to defraud the same persons. Indicted in the Third and Fourth COUNTS with feloniously forging and uttering as true a like will, with intention to defraud certain persons, whose names to the jurors are unknown, against the form of the statute and against the King's peace. (The indictment opened by Mr. Raine and the case by Mr. Fielding.) JOHN ADAMS sworn. I am a clerk to Messrs. Broom and Kinicher, the defendant was a client of theirs, I attended him to the Commons about June last. Q.For what purpose did you attend this gentleman to the Commons? - I went to Mr. Beard to prove the will, under which he claimed. Q. Did you prove the will? - I believe he did, I do not recollect going to the office proving it myself, but I saw the will at the office, we had the probate sent to us afterwards. Q. When was it? - In June last, I don't exactly recollect the day. ROBERT HARRISON sworn. I am a clerk to the Perogative office, of the Archbishop of Canterbury; I produce the will in question. Q. Was you present when it was produced? - I was not. Mr. Wood. You do not know who brought that will to the office? - The proctor brought it into the public office, I don't know who brought it to me. JOHN BEARD sworn. I am a proctor in the Commons, I know John Adams , as clerk to Messrs. Broom and Kinicher, he brought the will as clients of mine to be proved. Q. Do you know the person that he brought with him? - I do not. Q. Did you write the jurat on that will? - The jurat is written by myself, and signed by myself, it was regularly proved as a matter of common course. Court. When you write that jurat, do you do it in the presence of the person who brings it? - Sometimes we do, and sometimes we do not, but in this instance I did, because I remember Mr. Adams coming into the office. WILLIAM ADAMS sworn. Q. Do you remember of whom you received that paper? - Of Mr. Beard, in order to get the parties sworn. Q. Do you know the person that applied to be sworn as executor? - I do not positively know the man, he presented himself to me as John Innis. Q. Was you present at the probate? - I went with the party to be sworn, to Doctor Swaby ; he was sworn. Q.Should you know him if you saw him? - I have given a testimony that I had a saint recollection of him at the time I saw him at Bow-street, but I cannot say he is positively the man. Q.What is your belief? - My belief is, I think I have enough to satisfy my conscience that I had a saint recollection of him at the time, and I do believe the prisoner is the man; but I had not seen him before nor since, till I see him before the magistrate. WILLIAM MORGAN sworn. Q. I believe you are actuary at the insurance office for lives, at Black Friar's-bridge? - Yes. Q. Do you know the prisoner at the bar? - No, never saw him till I saw him in court; all I know is, he had two assurances made on the lives of his two daughters, Jane and Elizabeth Innis , the daughters of the prisoner. Q. How do you know that? - By the policy and minute of receiving of the money, I have a policy here on the life of Jane Innis, dated the 28th of April 1791. Q. Who is the person insuring? - John Innis , of the town of Bedford, innkeeper. Q. Was the money paid on that policy? - Yes. Q. Who paid the premium? - Either Mr. Innis or his agent. In consequence of application on the 5th of October we paid nine hundred and sixty-one pounds ten shillings and six-pence, we paid it to John Innis , deducting thirty-eight pounds eight shillings and six-pence for interest. Mr. Shepherd. Do you know who that money was paid to personally? - No. Mr. Knowlys. Did you pay the money with your own hands? - No, I gave it to Mr. Cooper, the assistant actuary. EDWARD PARSONAGE sworn. Q.Did you pay the money on this insurance, that Mr. Morgan has been speaking of? - No, I did not. Q. Do you know the person of the prisoner? - No, I cannot swear to him, I have seen him before at the office, making two assurances, of a thousand pounds each, on the lives of two of his daughters; that is the man to the best of my knowledge. Q. When abouts was this? - On the 23d of April 1791. Q. Then the assurance was compleated about the two girls? - Yes. Q. Do you remember any application being made by him or any body else for a forfeited assurance? - I know money was paid from the books to one of them, but I don't know to whom. Q. To Morgan. Did not you see the man that came forward? - I never saw the man come into the court room. Q. Who are the gentlemen concerned in this assurance office? - I cannot particularly mention the names of the gentlemen that year, from the nature of the institution the policy was signed by Sir Charles Morgan as president of the office, and a trustee; and by Alderman Wright, who is also a president and trustee; and all the money is invested in their names, and the other presidents. Mr. Shepherd. Who are the others? - I think Deputy Smith, Mr. Alderman Sainsbury, and Mr. Saxbury. Mr. Fielding. Whose signatures are to the policy to June? - John Smith, Thomas Wright, and Charles Morgan , but Mr. Smith is dead. -PINNIGTON sworn. Mr. Knowlys. We want to know the signatures of that policy on Jane Innis . Mr. Fielding. That was deposited in your hands as an attorney? - It was. Q. And on no other account? - No. Mr. Shepherd to Mr. Morgan. Who were the trustees in June last? - Sir Charles Morgan , Alderman Wright, Doctor Osborn, Mr. Hanway, and Mr. Saron. Mr. Fielding. How many gentlemen generally sign a policy? - At the time that policy was issued three gentlemen signed it. Q.Is that usual for three or more to sign it? - Two or three, that policy was signed by Sir. Charles Morgan , Alderman Wright, and John Smith . - BRAY sworn. I am solicitor for Sir Charles Morgan and Mr. Alderman Wright. Q.Have you a copy of a record of the cause wherein the prisoner was plaintiss and Sir Charles Morgan and Alderman Wright the defendants? - I have the record itself in this transaction of a Nisi Prius, in the cause which was brought by John Innis , against Sir Charles Morgan and Thomas Wright , to recover the sum of One Thousand pounds on a policy of insurance, made on the life of his daughter Elizabeth Innis . Q. Is the prisoner at the bar the person who was the plaintiss of that transaction? - He was the person that appeared in court, that I understood as the plaintiff of this suit. Q.In what manner did he appear to be the plaintiff in court? - I never saw him till he came into court, but I saw a man there that I understood to be that man there; I saw him in court, and I understood from the counsel and conversation, that he was the plaintiff. Mr. Plaintiff. Did you understand that from himself? - I had no conversation with him. Q. Did any thing arise from himself that you had knowledge that he was the plaintiff? - I saw him speak to several people in court, but what he said I do not know, I think I see him speak to some of his own witnesses, but I am not sure. Q. Can you say that you saw him speak to the counsel? - I cannot say I did. Q. To Pinnington. Was the prisoner at the bar the plaintiff in that transaction? - He was. I was in court when Lord Kenyon committed him. He appeared in court as the plaintiff. Mr. Fielding to Bray. You was in court the time of the first trial in June? - I was. Q. Do you remember a man being called up to answer to the signature o Gardiner? - I do. Q.That man was examined? - It was. Q. The trial was put off at that time? - It was. Q.Then you was on the trial on the ninth of December when it came on again? - I was. Q. Was Gardiner examined then? - He was. Q. Was the original will then called for? - It was. Q. Was it produced? - A paper, which I supposed to be the original will, was produced by an officer of Doctor's Commons. Q.Look at that will? - I believe this to be the will in court. Court to Harrison. Was that the will that was produced the ninth of December in the court of King's Bench? - This is the very will. The will read by the clerk of the court purporting as follows: "In the name of God, Amen. I Andrew Bowman , of Glasgow, Gentleman, being of found mind, memory, and understanding, do publish and make this my last will and testament, in manner and form following: First, I direct the payment of all my just debts, etc. I will and bequeath the sum of Twelve Hundred pounds of lawful money of Great Britain, to John Innis , during the life time of his daughter, Elizabeth Innis , and in case of her death in the life time of John Innis ; I give the said sum of Twelve Hundred pounds to James Borthwick of Chesterfield, and his heirs for ever; but in case of the death of John Innis , the asoresaid Elizabeth Innis is to enjoy the said sum of Twelve Hundred pounds during her life time, but at the death of the said Elizabeth Innis, the above mentioned sum to devolve to James Borthwick, his child or children, which if more than one shall have share and share alike, but if only one, then to his heir or administrator. And as to all the rest of my personal estates, I give and bequeath the same to my said friend John Innis , his executors and adminsstrators; and I hereby appoint and constitute she said John Innis , to be my whole and sole executor. Lastly, I do hereby revoke and make void all other wills, and declare this alone to be my last will and restament. In witness, I Andrew Bowman have set my hand and seat, this 28th day of February, in the year of our Lord One Thousand Seven Hundred and Eighty-two. Signed, sealed, published and delivered, as and for his last will and testament, in the presence of us, who have set and subscribed our several respective names as witness there to. Andrew Bowman. Signed John Wood of Briggate, and Thomas Gardiner. Mr. Fielding to Bray. Do you remember that man being called upon to spell his name? - I do. Q. The prisoner was then in court? - I will not be sure whether Innis was in court at that time. Q.To Pinnington. Do you know whether Mr. Innis was in court at that time? - I believe he was not. Q. To Bray. Do you remember Mr. Bray, any person being called to answer to the name of the subscribing witness, Wood? - Yes. Q. Who came forward under that name? - The first time that John Wood was called for he did not appear, then some other witness was called by the plaintiff; then John Wood was called again, and then a man came into court. Q. Should you know that man was you to see him? - Yes, I have seen him several times since. Q.What name does he go by now? - John Borthwick . Q. You, I suppose, have made all possible enquires about the persons whose names are used in this will? - I did write to Glasgow to enquire after Bowman. JOHN BORTHWICK sworn. Q. Is your name John Borthwick? - No, my name is John Wood. Mr. Fielding to Bray. Have you seen the man that you know went by the name of John Borthwick? - That is the man that being called by the name of John Wood, came into court by the name of John Borthwick . Q. To Borthwick. You have been before a Grand Jury? - Yes. Q.By what name? - By the name of Borthwick. Q. Did you appear at Westminster on the ninth of December? - Yes. Q. By what name did you appear there? - Borthwick. Q.What age is Thomas Borthwick ? - Twenty-one. Q. Have you seen him? did he come here with you? - Yes. Q. Do you know a man of the name of Thomas Garrett , a schoolmaster? - I do not know any such man. Q.Now Mr. Borthwick, who was the Andrew Bowman that is spoken of in this will? - He was a captain of a vessel. Q.Where did he fail from? - I don't know. Q. Do you know what was the place of his birth, or where he resided? - I did not know much of him, the gentleman that I was with knew him very well, Doctor Dignum, of Manchester. Q. What business are you of? - I sell medicines; I sold medicines for Doctor Dignum. Q. How old are you? - Thirty-one. Q. Where do you reside now at this time? - I have no constant residence at all. Q. Where did you reside last year? - I was only travelling then. Q. For these eight years past where have you resided? - I was travelling. Q. What led you to Glasgow twelve years ago? - Doctor Dignum went there and I went with him. Q. You did not know much of this Bowman yourself? - No, I did not. Q. How came it that you was called upon to testify the will, or any such thing? - Because Mr. Innis's name was called in question. Q. Did you know anything of Innis? - I did know him. Q. Was he resrding at Glasgow? - No. Q. Did you know him at that time? - I knew him. Q. Where did he reside at that time? - He was a travelling man, and dealt in medicines. Q. Then you don't know where his abode was, was it fixed? - No. Q. Did you know any part of his family? are not you some relation of his? - He is only an uncle by law of mine. Q. Do you happen to know any thing of his family? - Nothing at all. Q. Then this, Mr. Bowman, you knew very little of? - I knew very little of Bowman, Doctor Dignum knew him very well. Q. Where is Doctor Dignum now? - At Manchester. Q. You say that that paper was signed by you twelve years ago, at the Briggate, in Glasgow? - It was. Q.How came you to use the name of John Wood then? - Because my name is Wood, and not Borthwick. Q. Your name is Wood, is that the name that you have passed by from your youth? - Yes. Q. How long have you changed your name from Wood to Borthwick? - Ever since May. Q.What christian name? - John Borthwick. The reason that I said that my name was John Borthwick was, the prisoner's wife said she would give me some money if I said my name was John Borthwick , which for the lucre of the money I did. Q. Mr. Borthwick, you remember what you said in the court of King's Bench? - Yes. Q. Was any will put into your hands in the court of King's Bench? - Yes. Q.Look at that will? - This is the will, I signed it at Glasgow twelve years ago. Q. Was that what you said in the court of King's Bench? - No. Q. You now look at that will, what do you say to the name of John Wood ? - My original name is John Wood , and that is my signature, and I signed it twelve years ago in the Briggate Glasgow. Q. You are a married man, are not you? - I was. Q. Is your wife alive now? - No. Q. How long has she been dead? - Four years. Q. Do you know any thing of Mr. Innis the prisoner? - Yes. Q. Where did he live? - At Bedford. Q. Where did he live about November or December 1792? - I don't know, he came backwards and forwards to No. 2, Maze Pond, in the Borough. Q. You have seen him at that house? - I have. Q. Did you see him, or do you know in what manner that he was there about November or December? - I see him in May. Q. I ask you whether you saw him in the month of November or December 1792? - No, I did not then. Q. In the October or September before that? - No, sir. Q. Or after that? - No, I have not seen him since May or not before; that was the first time I saw him, in the year 1792. Q. At that time he lived in that place in the Borough? - I don't know he lived there, but I see him there. Q. Now look at the other signature of that will, the name of Thomas Gardiner? do you know any thing of that name being signed, and at what time it was signed? - There was an elderly man wrote the name of Thomas Gardiner, after I wrote mine in the briggate, Glasgow, twelve years ago. Q. You have a relation of the name of Borthwick, have not you? - Yes, a brother-in-law. Q. Where does he live? - He did live along with me and my sister in Drury-lane. Q. Did he ever live with the prisoner at the bar? - Yes. Q. Was that in the Borough? - Yes, I believe he did, live there, either at No. 2, Maze-pond, or at a public house, I am not certain which. Q. Do you know whether he lived with the prisoner at the bar? - He lived with him some years. Q. Then your name is Wood, what relation is Thomas Borthwick to you? - Thomas Borthwick is my brother-in-law, I married his sister. Mr. Fielding here moved the Court that the defendant could not call witnesses to prove what this man had said at another time, which the Court granted. THOMAS GARRET sworn. I live in Maze-pond, Southwark, I have lived there for some years (I am a schoolmaster,) in the course of that business I have a great many petitions, and things of that kind brought to write; this will is my hand writing, I can have no doubt; I think, as near as I can recollect, I wrote it in the latter end of the year 1791. Q. Can you take on yourself to swear that it has not been wrote four years back? - I cannot take on myself to say to a month or two, but to the best of my recollection this is a transcript of a paper which was brought to me to copy, about that time, some time in the latter end of the year 1792, I had a paper to write this from, a person brought a paper for me to copy, and he was to have it in such a time. Q. What was you paid for the copying of it? - About two shillings; no more than for my honest labour. Q. Do you know the person that brought it? - I believe I should know him if I was to see him. Q. Can you take on yourself to say that will is your hand writing? - I think it is my hand writing, but I think also that I could not copy two sides of a paper without likewise knowing something of its purport. Q.Let the witness see Thomas Borthwick? - This is the very person that brought the officers to me, when I was taken to Bow-street, and this is the very person that brought the paper to copy, I have not a doubt of it in my own mind, the least in the world. This will is from a paper that I absolutely copied, and it is my hand writing. Q. The paper that was brought to you, you copied correctly? - I did, as correctly as any man could, I believe. Q. That young man, Thomas Borthwick, was the young man that brought the officers from Bow-street, in order to carry you before the magistrate? - He was, and I believe he was the man that brought the will to copy. Q.What was the officers brought to you from Bow-street for? - He came to setch me by an order of Lord Kenyon; I believe it was when this thing came out at the King's Bench; I was taken up to Bow-street as the copier of the will; when the officer came to me I knew nothing of the parties, I was excessive ill, the officer asked me if I remembered such and such a time, having wrote such a writing? I said, yes, perfectly well, and he said then that the whole had turned out a very bad piece of business; I said the parties are utter strangers to me; I was paid for my honest labour, and no more than I ought to have been. Q. What is the officer's name that came for you? - Townsend. THOMAS BORTHWICK sworn. Mr. Price, the solicitor of the court, said that I should be paid for my time, and I have been all this time in Prison, and he gave me only fifteen shillings, and he has given my brother-in-law a guinea a week. Q. Where do you live now? - I just came from Tothill-fields. Q. Where did you live before you was sent there? - No. 62, Drury-lane. Q. The prisoner at the bar is a relation of your's? - He is, he is an uncle. Q. You lived with him in the Borough? - I did, about November, or December 1792. Q. What relation is John Borthwick to you? - A brother-in-law, he lives in Drury-lane. Q. Did you see him at different times at your master's house? - Yes, I have seen him at different times. Q. Do you know Mr. Garrett, the last witness? - No, I do not. Q. You don't know him? - I do not. Q. Did you go to his house with any officer? - The officer took me, I told them at Bow-street, that I did not know the house where I took the paper to. In the year 1792, I lived along with Mr. Innis, as his servant; one day Mr. Innis came to me and said, that I must write a copy of a will for him, accordingly I did, he was not satisfied with my doing it, he said I must take it to a schoolmaster, as he wished to have a good copy of it; I took it to a school-master in the Maze, and agreed to give him two shillings for the copying of it, and afterwards I had it again from the schoolmaster, and gave it to Mr. Innis. I wrote it first from an original one. Q. Did you ever see Mr. Innis do any thing with it afterwards? - No, I see that on the will that I brought home, I see a little boy write the name of Thomas Gardiner. Q. To that will that you brought and delivered to Mr. Innis, you see the little boy write something; what was it? - It was Gardiner, I think, Thomas. Q. Do you know that boy's writing? - I cannot pretend to swear to it. Q. Have you seen him write often? - I have seen him write sometimes. Q. Shew him that will? - I do not believe that name, Thomas Gardiner , to be the boy's hand writing, this is not the paper that I brought from the schoolmaster's. Q. Did you ever carry more than one? - No more than one. Q. At the time you saw the little boy writing something, did you know the name of Andrew Bowman? was the name Andrew Bowman to the paper? - I cannot particularly say, whether it was, or was not. Court. Who was present at the time the boy wrote the name of Gardiner? - I cannot say who were present, there was some person present. Q. Recollect? - I cannot charge my memory. Mr. Fielding. When was it? - About November 1792. Q. Do you recollect who was there at the time that this little boy signed Thomas Gardiner? was your brother there? - I cannot tell whether he was or not, I cannot charge my memory with it, I think he was not, I cannot be positive. Q. Can you swear that he was not there to your knowledge? - I cannot say he was or was not. Q. Was his wife there? Was there any woman with him besides Susannah? - I do not recollect any of them were there. Q. Was Innis there? - I know he was there at the time, I gave him the will, but I cannot say he was there at the time the boy wrote the name. Q. Was John Borthwick's wife there? - No, I do not recollect her. Q. Was not his wife there? - He has never a wife as I know of, he has a woman that lives with him, but he has no wife. Q.Was the woman that passed as his wife there at that time? - I cannot charge my memory, I do not make a minute of things. Q. From the best of your knowledge now I ask you, will you swear that she was not there at the time when the boy wrote Thomas Gardiner ? - I will not. Q. What do you believe about it, either one way or the other? - I cannot say which way to believe. Q. Will you swear that you believe she was not there? - I cannot pretend to charge my memory so far as that there. Q. This woman lives your brother about that time, and passed as his wife? - Yes. Q. To Mr. Morgan. Have you the book of the assurance office? - I have that wherein is set down the entry of these policies. Q.Look to the entry of that policy of Elizabeth? - John Innis of the town of Bedford, for the assurance of his daughter, Elizabeth Innis , of a thousand pounds, at the annual premium of ten pounds a year, if she should live seven years, dated the 23d of April 1791. The demand on Elizabeth was made in February 1792, I believe the demand on Jane was in September 1791. Q. The certificate of the death, on which that demand was made for the payment of the money, when was it given to you? - The certificate, to the best of my recollection, was given to Mr. Bray. Q. To Bray. What is become of the certificate? - I believe it is lost; the certificate purported that Elizabeth died the 25th of April 1791, some time in the month of April, to the best of my recollection, it was the 25th. Mr. Wood to Mr. Morgan. I believe they cannot demand the money if they die within the first year? - Yes, for six months. Q. That is at the option of the proprietors? - They do it on discount. Mr. COOPER sworn. Q. Do you know any thing of the prisoner Innis? - I have some recollection. Q. To Thomas Borthwick . Did you know Elizabeth Innis , the daughter of your master? - Yes, she went to school at Wolverhampton, in Staffordshire, when I knew her. Q. Where did she live in 1791? - I don't know I am sure. Q. Did you live with your master 1791? - I came to him just the beginning 1792. Q. Where did Elizabeth Innis die? - She died in Bedford, I believe so. Q. Do you know when? - No, I do not, I am sure. Prisoner. Ask him if that is the real will that he caused to be wrote. Court. He says he thinks not. Prisoner. This Elizabeth was my daughter, she was insured at the insurance office, and she died very suddenly after; after that my other daughter died, and I had the money, and I did not know that I was entitled to the first money, till I was told of it; so as I thought I was entitled to it, I would have it, so as I pursued after the money, and this witness of mine, he had a little bit of ill will; I am sure that it was done out of spite, and they think that I have a great deal of money, and they wish to knock me off, to have it. DAVID PATERSON sworn. I live in Billiter-lane, I am a carpenter by trade, I have lived five years in this town. Q. Did you ever live at Edinburgh? - About five years, I knew the prisoner, Innis at Edinburgh, he lived at Cannongate, at Edinburgh, I was intimate with him. Q. Did you know one Mr. Andrew Bowman , at Edinburgh and Leekes? - Yes. Q. Where did Mr. Bowman live? - He lodged at the house of a Mr. Boyd, at Leekes, when I knew him, he was a captain of a vessel. Q. Where did he trade to? - I cannot possibly say. Q. You don't know where he traded to? - I do not. Q. Was you in South Carolina in the year 1778 or 1779? - Yes, I was at Charles Town, I was there till the year 1783, the latter end when I came away. Q. Did you see the captain, Andrew Bowman there? - Yes, I did. Q. Did you see him at Charles Town ? - Yes, I did. Q. What time? - I see him first in the latter end of the year 1782 at Charles Town . Q. Where did you see him? - I see him at a public house in Bread-street. Q. Are you sure that it was Captain Bowman? - I am positive. Q. Do you know when he died? - I don't know indeed, I believe he died in Charles Town , in the same public house where I was first acquainted with him. Q. Had he been at Charles Town all the time, between the latter end of eighty-two and his death? - No, he left Charles Town with some. Troops, some transports at the evacuation. Q. Did he return again with some trading vessel in the year eighty-three? - Yes. Q. Now then do you know whether he died in that year or not? - He did, I am sure. Q. What reason have you to know that he died there? - I called at the public house and asked for him, and the landlord gave me information that he was dead. Court. Was you very intimate with him? - Yes. Q. Have you seen him write often? - No, I don't know that ever I did. I have seen him often. Q. Did you ever see him write? - No, I never did see him write to the best of my recollection. Mr. Fielding. Was you particularly acquainted with Innis's family? - I was acquainted with Innis himself in Edinburgh. Q. Did you come immediately from Edinburgh when you came to town? - Yes. Q. About what time did you know Innis in Edinburgh? - In the year seventy-six and seventy-five, I knew Innis there. Q. What way of life was Mr. Innis in? - He was in the chemical line, I have been told. Q. Did not he travel about the country? I believe he did. Q. Had he any fixed residence at the time you knew him? - Yes, he had then. Q. How long ago is that? - About seven years ago. Q.Was he in Scotland seven years ago? - Yes. he was. Q. Will you take on yourself to swear that he stayed in Scotland for a twelve month, seven years ago? - He had a room, I cannot say he had a house, but he had a place of abode that he frequented. Q.Was his family with him? - I think his family were with him, but I am not certain. Q.Seven years ago, had he his daughter living with him in Edinburgh at that time? - I cannot say that. Q. You knew him intimately? - Yes. Q.And yet not know his family? - I have seen a wife there and children about, and I have seen children in the house. Q.Seven years ago, children of what age? - I see a girl about twenty or twenty-two, whether she was a servant girl or his daughter, I never enquired of him. Q. What do you mean to say that you don't know whether this girl of twenty-two was his servant or not? - Mr. Innis being in a public line of business, I was a patient of his sometime; I made but a very short stay at his house; I had no occasion to enquire after his family, or any thing of that kind. Q.Then you know nothing more of him then what merely arose from his occupation? - No. Q. Then in truth you don't know whether he had any family living with him in Edinburgh or not? - I have seen several people about his house, but whether it was his family or not? - I cannot sell. Q.How long was you his patient? - About six weeks. Q.Had you any other connection on north with him than being his patient for six weeks? - No, I had not, I knew very little about him or his family. Q. Did you know any thing of him when he lived at Bedford? - Nothing at all. Q. Do you know any thing of his daughter or sons that he might have living or not? - Not at all. Q. Do you know any thing about his daughter dying? - I heard of one dying at Bedford. Q. Who have you heard it of? - I have heard it of different people, of Mr. Innis's acquaintance. Q. Who are they? - I have heard it from himself and from different people. Q. From himself first, when was that? - Upwards of half a year ago. Q.Where was it you heard him say any thing about this? - In his own lodging, then in Leadenhall-street. Q. What did he say about his daughter at that time? - He told me of his misfortune of the death of his girl and what not; I did not enquire into the situation of his family. Q.Of what girl was this that he spoke? - Of that girl that died, that he lost at Bedford, a daughter of Mr. Innis's. Q.How came he to tell you any thing about it? - My being an acquaintance of him at Edinburgh. Q. How came he to know any thing of your being in town? - I see him in town, promiscuously walking in town, and asked him where he lodged, and he told me, and I went and called on him. Q. You never knew any thing about his daughter of whom he chose to tell you something unfortunate yourself? - No. Q. Did you know any thing of this man when he lived in Southwark? - Yes, when he lived in the Southward. Q. In Southwark, in the Borough? - No. I did not. Q. Do you know any thing of Borthwick? - No, I do not indeed at all. Q.Was you ever in Glasgow, in you life? - Yes, I have been in Glasgow. Q.Stayed there any time? - A very short time, about two weeks. Q. So then you knew a man of the name of Bowman, living in Edinburgh. What acquaintance had you with him? - I saw him at the house of Mr. Boyd, about seven years ago, I first knew him there. Q. Did you know much of him there? - I was not particularly acquainted with him, it did not lay in my line of business to be acquainted with such a gentleman as Mr. Bowman was. Q. You never saw him write? - I never saw him write. Q. Do you know Mr. Pulley, a proctor? - I do not indeed, I know nothing of him, I never see him to my knowledge in my life. Q. Then you never told him that you had no knowledge of the Death of Bowman? - I never told him any thing of it in my life, nor ever spoke to the gentleman to my knowledge. Mr. Wood. Did I understand you right that you first became acquainted with Mr. Innis in the year one thousand seven hundred and seventy-six? - Yes. Q. Do you know whether Mr. Innis and Bowman were acquainted together? - I believe they were related; I think I see Mr. Bowman once in the house with Mr. Innis. JOHN CARMICHAEL sworn. Q. Did you ever belong to the eighth regiment of foot? - Yes. Q. Where was the regiment in the year 1782? - In Charles Town . Q. Did you work in Charles Town for any body? - Yes, for Mr. Chambers, a tin man. Q. Do you remember being acquainted with a person of the name of Bowman? - Yes. Q. What was Bowman? - A captain of a vessel. Q. Did you do any work on board that vessel for him? - No. Q. Did you do any work for Bowman at Mr. Chambers's? - Yes, I had a copper belonging to the ship to tin there. Q. Did you see captain Bowman coming there? - Yes. Q.When was this? - In the year eighty-two. Q. Do you recollect captain Bowman's dying in Charles Town ? - Yes. Q. In what year was that? - In the year eighty-three. Q. Do you know whether captain Bowman went away and left Charles Town after you mended the copper? - I was informed, by the master, that he went a voyage. Q. Did he return? - Yes; and died there in the year eighty-three. DAVID TAYLOR sworn. I belong to the New-river Company. Q. Was you in Leeke, in Scotland, in the year seventy-one? - Yes. Q. During that time did you know a person of the name of captain Bowman? - Yes, he belonged to a vessel. Q. Where did he lodge? - At Mr. Innis's, the sign of the Red Lion, at Leeke. Mr. Knowlys. Innis was an inn-keeper? - Yes, he kept a public house. Q. He had no other way of living then? - No other that I know of. MARY DOUGLAS sworn. live in Little Tower-street. Q. Do you know John Wood that has been called as a witness? - I know him. Q. What is his real name? - Wood. Q. Do you know his father and mother? - Yes, his father was a soldier, and his mother lived in Cannongate, Edinburgh, and sold things. Q. Do you know the birth of this boy? - Yes, I think I can come pretty near about it, his father and his mother's name was Wood, and he went by the name of John Wood. Mr. Fielding. Do you know him by the name of Borthwick? - He has called himself so since he came from the country to the prison. Q.What he never went by that name before? - I cannot tell. Q. Don't you know whether he passed by the name of Borthwick before he went to prison? - Never that I knew him. Q. Do you know his brother-in-law, Thomas? - Yes, I know him very well. Q.Doth he take the name of Wood or Borthwick? - Borthwick. Q. How came John to take the name of Borthwick? - I cannot tell your lordship that. Q. Your name is Douglas, now are you any way related to the prisoner at the bar? - No. Q. What was you maiden name? - Innis, only a name sake, and by blood and clan, we are all brothers and sisters from Adam. ANN TAYLOR sworn. I live in Green Arbour-court, in the Old-bailey. Q. Do you know John Wood ? - I would know him if I was to see him; yes, that is John Wood . Q.Did you know his mother in Edinburgh? - I did. Q. How many years do you remember him in Edinburgh? - Till he was about nine years of age. Q. What name did he go by? - John Wood ; his father was a soldier; that is the same person that went by the name of John Wood. Court to Bray. What aged man was the person that appeared as Gardiner? - An elderly person; by his appearance I should think him sixty years of age. Prisoner. I had not a son about ten years of age at that time; I have no son but what is twenty-two. The attorney can shew a letter that I received the twelve hundred pounds, and they have spite and malice against me, and in ten minutes time I could send over for a person that would prove that they said, they would spite me, one way or the other. GUILTY . Death . (Aged 60.) Tried by the London Jury before Mr. Justice BULLER. 184. THOMAS GREDNER otherwise GARDINER was indicted for that he, on the 9th of December , feloniously did utter and publish, as true, a certain false, forged, and counterfeited will and testament, with the name Andrew Bowman , thereto subscribed, and to bear date the 25th of January 1782, and to be signed, sealed, published, and declared by him as and for his last will and testament, with intention to defraud Sir Charles Morgan and Thomas Wright , Esq . NOT GUILTY . Tried by the first Middlesex Jury before Mr. Baron THOMPSON . 185. JAMES SHAW was indicted for stealing, on the 12th of February , two pair of mens leather shoes, value 3s. four pair of cotton stockings, value 5s. the goods of Charles Watmore . CHARLES WATMORE sworn. I live at No. 101, Great Tothill-street ; I keep a clothes shop . On the 12th of February I lost two pair of shoes, and four pair of white stockings, I missed them from the window, I was not at home at the present time, not till after. MARY WATMORE sworn. I am the wife of the last witness. James Shaw and another man came into my shop about five o'clock in the afternoon, on the 12th of February, I was in the shop at the time; the other man offered me a pair of stockings to sell, speckled worsted stockings; in the mean while I was examining the stockings, this James Shaw got behind the other man towards the window, I saw him do that, I did not see him take the four pair of stockings, but the four pair of stockings were missed out of the window, and two pair of shoes, I heard a rattling with the shoes in the window. Q. Did you miss any thing before they went out of the shop? - Immediately I thought he was stealing something, and I looked at the shoes, and I saw two pair of shoes in his pocket. Q. Two pair in one pocket? - Yes, and I took hold of him, and took the two pair of shoes from him. Q. Was the other man in the shop then? - Yes. I fetched him a slap of the face, and he pushed me against the door, and ran away; the man went away at the same time; I did not miss the stockings till after he was gone; I missed the stockings directly as he was gone out; I did not know where he was gone to. About two hours after there came another young man in, and I told him of it; about ten minutes after, this young man came in again and said, I believe the man is in the other clothes-shop; I went into Mr. Wright's, the other clothes shop down the street, I found him there; my husband and I went down to see, my husband was come home then; my husband asked me whether that was the man? I said, yes, I am sure it was the same man; we brought him up to our shop, and he said he never was in it; but he pulled out a pair of speckled stockings out of his pocket, which was the other stockings that the other man offered to sell, and a pair that was our own, a cotton pair, one that was missed from the window; the other three pair I don't know what became of them, he had not them about him. The things are here. Prisoner. I never was in that shop all that evening. Charles Vatmore . I was present when the prisoner was taken in the other shop; as soon as he came into our shop he pulled out the two pair of stockings; I took hold of him in the other shop, and brought him back to my shop; he said at first that he had got no stockings, only a pair of worsted ones; when I brought him back he takes and pulls out a pair of worsted ones, and a pair of white cotton stockings that were mine. These are the stockings. Mrs. Watmore. The stockings are marked with two E's on the leg. Q. Are you sure that they were your stockings that were in the window? - I am. These are the shoes that I took out of his pocket, they are mine. Prisoner. I never was in that shop all that evening before her husband came to take me in, which I had the worsted and cotton stockings in my pocket, there are many stockings that have the same marks as them. I am come above two hundred miles from my country; I belong to the third guards . GUILTY . (Aged 27.) Transported for seven years . Tried by the first Middlesex Jury before Mr. Baron THOMPSON. 185. CHARLES BOYLE was indicted for stealing, on the 28th of January , fifty-six yards of printed cotton, value 2l. 16s. the goods of John Fieldsend . RICHARD STERNE sworn. I live with John Fieldsend. On Tues day the 28th of January, I observed a man with some printed cottons on his shoulder, (I was in Oxford-street , near Mr. Fieldsend's house,) which I supposed to be Mr. Fieldsend's, when I went in I asked Mr. Fieldsend if he had lent his goods to a neighbour? Q. You did not see the man come out of the shop? - No. Mr. Fieldsend answered me in the negative; from that I pursued the prisoner into Dean-street; I see him go down Dean-street, when he looked back, and, I suppose, seeing me pursuing him he let the goods fall and ran away; when I called stop thief, several people pursued him, amongst the rest a soldier of the name of Nicholls, who will appear; he was taken in Soho-square; I stopped with the goods till a person of the name of Foster, who lives with Mr. Fieldsend, came and took him. The prisoner had turned the corner of Carlisle-street. Q. Can you say that the prisoner was the man that had the things on his back? - I cannot positively say that; I followed him when Mr. Foster had the care of the gods, and came up with him in Soho-square; when I came up with him he was taken to Bow-street. Q. Why did you take him up if he was not the man that had the goods? - It was not me that stopped him, he was stopped by other people. - FOSTER sworn. There was an alarm in the shop of a man taking away some printed cotton; they were not laying in the shop, they were out at the door; I am in the shop of Mr. Fieldsend. I went to the door, and the people told me that the man was gone down Dean-street, and I pursued, and I saw the printed cottons thrown down on the ground, and our man standing by them, the other man had gone first. I know nothing, only that these are the very goods. Not GUILTY . Tried by the first Middlesex Jury before Mr. Baron THOMPSON . 187. ROBERT PATCH was indicted for stealing, on the 14th of February , a silver watch, value 3l. a canvas purse, value 1d. three guineas, half a guinea, and thirteen shillings in money; the goods and monies of Richard Tubb , in the dwelling house of John Plant . RICHARD TUBB sworn. I am a labouring man; I live at Hampstead at present. On the 14th day of this month, I was up in Oxford-road, and this prisoner came to me, and asked me what countryman I was? (it was in the street) I told him I came from Reading; and he told me he had just come out of that country; in walking along we meets another man, and after we had passed by him the prisoner picks up a small parcel. Q. Did the other man join you before the parcel was picked up? - No, the other man was going on, he did not speak to the prisoner nor me, and he says to me, I have picked up a prize, and as we are both countrymen together, we will go share alike in it, he said, we will go to some public house, and we will open it; he had me into one public house, and he says, this house will not do; this was on the one side of Red Lion-square; then we went a little further and went into another a little beyond Red Lion-square. Q. Do you know what house that is? - No. And he says, this will not do. Q. Did he give any reason why these two houses would not do? - No. And he goes a little further, and has me to another, and he says, this is the right house; this was in Gloucester-street, and he had me into a little parlour, then we went in there, and there came in another, and this prisoner says to the other, sir, we have found a prize. Q. Was that the man that passed you in the street? - I don't know. He says, we have found a prize, and I cannot read it, I wish you would be so good as to read it to let us know the consequence; and the other man took hold of a bit of paper, and he said, a noble prize indeed! The bit of paper was opened, it contained a bill and receipt for two hundred and twenty pounds. Q. Could you read? - No. Q. What was there with this paper? - There was something in a little pocket book, there was some sort of a cross, a diamond cross, and the other says, I suppose, as you are two countrymen together, you go share alike in it, and the other says, how would you part it if the other has not got cash enough to give the other his part? then the prisoner says, I have got an acquaintance that lives near here, where I can borrow seventy guineas, and give this man, and the rest will be my own; he sets out, and was gone pretty nigh half an hour. Q. Did the other man stay with you at that time? - Yes, he did; and when he came back he said, the gentleman was gone out that he wanted to see, and his lady had but two guineas in her pocket, and says the other man when he came back, I keep a public house in Oxford-road, and he says, you may as well come up to my house and part it; but, says he to me, you must let me have your money and your watch, to bind you that you shall both come to my house; and says he, pull your money out, and says he, let us see what you have got; and I pulled my money out; in looking as it he catches hold of it, and says let us have the purse and all; now, says he, give me your watch too; he took the watch out of my hand as soon as I took it out of my fob; as soon as he got it he shot out of the door, out of the public house, the other way; as soon as I came out I said to the prisoner, where is the other man? I see him go out; he said he did not know; I stared him in the face, and I said, then I am done, and I says to him, come you shall go up along with me, and see where the Green Man is; he had said that he kept the sign of the Green Man, in Oxford-road, and we went up and found the Green Man, and when we came there, there was no such man lived there. Q.Whereabouts did you find the Green Man? - In Oxford-road, he said his name was White, and there was no such name kept it as he had mentioned. Q. Did the prisoner take you there to the house of the Green Man? - Yes, he did. I knew there was such a house, I found it out myself some time ago there. I stared up in the prisoner's face and I said, this is a dead take in between you two, and he says, if you will go along with me to such a street, I could find an acquaintance that will let me have two hundred pounds, and I can pay your money; he then mentioned the name of the street. He had me down a street, I don't know what street, I am a stranger to town, and there was a couple of young lads stood in the street, and said to me, farmer, don't go along with that old villain any farther, for he is going to take you to a place where you will have your brains knocked out; I then took him by the collar and told him he should go along with me back, and as I was leading him along there was a gentleman came up to me behind, and he calls to me, farmer, says he, what are you done out of your money? I says, yes, sir; says he, bring him back here, here is the office up here. I brought him back to that person, and he went and shewed me where the office was, I led him to the magistrate and they put him in hold. Q. What became of the fine property, the diamonds? - The other man went off with that. On the 18th of that month we were ordered to meet in court to be reexamined again, and when I went there there was one of this prisoner's acquaintance came there and offered to make it up, he would bring me my watch and money again. Q. Was the prisoner by? - No, not at first, but he was afterwards; he said he was a friend of his when he was abroad, and he thought he would come to see what he could do for him. Q. Did you get your watch and money again? - Never. Q. How much was there in the purse? - Three guineas and half in gold, and thirteen shillings in silver. Prisoner. I never had the man's money at all. he gave it to another person. Prisoner to Prosecutor. Had I your money? - You was at the doing of it. Prisoner. I know nothing at all of the matter, he said he would take forty pounds for his part? - He said he would go and fetch me seventy guineas. Prisoner. I have got nobody here, I was abroad with Lord Cornwallis in America seven years, and with Sir John Erskine. GUILTY, Of stealing but not in the dwelling house ,(Aged 65>.) Transported for seven years . Tried by the Middlesex Jury before Mr. Baron THOMPSON . 188. THOMAS CONNER was indicted for stealing on the 21st of January thirty six feet of inch deal boards, value three shillings , the goods of John Thomas . JOHN THOMAS sworn. On the 21st of January I lost the deal boards, I came from Dean street, Maryle-bone, I was informed by one of my men that somebody had broke in and took some of my boards. I know nothing myself of the robbery, no more than I was told by the witness. JAMES BALDWIN sworn. On the 21st of January last I was in Thomas's Buildings, I saw the prisoner at the bar come out of a house with three deal boards under his arm, I said to him where are you going with these? he said nothing to me then; I said again to him where are you going with this? says he, I am going to the saw pit, this was between eleven and twelve at night. I said who set you to work at this time of night? I said, Conner, this is a very bad subject, he dropped down on his knees and begged of me to say nothing, and he put down the boards into the saw pit, the one part of the boards were down the saw pit, and the other out. In the morning when I got up to go to work for Mr. Thomas, I work near within a hundred yards. I was rather astonished to think they were gone, after I accused him with them, I goes to the door and found the door was shut, in the course of an hour I saw one of Mr. Thomas's men and told him of it, and he told his master. Q. Did you know they were Mr. Thomas's boards? - It was not probable any other boards would be in Mr. Thomas's house. I knew but little of him; where he lived, and where I live, and where he did the robbery is all within about one hundred yards; I know him merely by working on the same ground. Q. To Mr. Thomas. Have you seen these boards since? - I don't know that I have, there were three of the same sort in the house. Q. When you went in the morning did you find three missing? - I did not, because I have so great number in the house. Prisoner. May it please your worship I am a poor labouring man , and unable to see a counsel, as your lordship is my judge, I humbly hope you will also become my advocate. Your lordship finds I am charged with stealing some boards, I work for Mr. Dover, in Edward-street, May-fair, there was a carpenter there putting a flooring in the house; after leaving off work, the carpenter asked me to take some boards to another building, which I accordingly did; after that we drank together, in going home I found a board near the spot, which I took up, and thinking it belonged to the rest, and I put it down a saw pit, thinking it belonged to the carpenter who sent me before with the other, but the other carpenter came up and took me into custody, charging me with the intention to steal. Your lordship will find there was no property lost, nor no intention of committing felony. GUILTY . (Aged 25.) Judgment respited. Tried by the first London Jury before Mr. Justice BULLER. 189. JOHN DAVIS was indicted for stealing on the 13th of February , eight yards of rope, with an iron hook fastened thereto, value 8s. the goods of John Stephenson, the elder , John Stephenson , the younger , and John Blackmore . JOSEPH MAITLAND sworn. I was laying some beer down at the Windmill, at Westminster, from Messrs. Stephenson the elder, John Stephenson , the younger, and John Blackmore . I fastened the ropes in Peter-street, Westminster , at the corner of the Windmill, while I went in and when I came out they were gone, and I said to my fellow servant, I have lost my ropes; and the gentleman said, if you will go along with me I will shew you the ropes and man; and I went and took the prisoner with the ropes on his back. John Davis was the man that had the ropes at his back. It was the same rope I had lost, it was my master's. WILLIAM KNIGHT sworn. I am a patrole of St. Margeret's, I was going to the watch house about a quarter before nine, I saw the man with the rope at his back, I went up to him and asked him how he came by it? he said he found it about two hours before with a load of dust; says I, you must come along with me to the watch-house, and he had not been in the watch-house half an hour before he owned he took it from the dray. Prisoner. I had left my master about half an hour, and I was coming out of the Windmill where they were laying this beer down, and I saw this rope in the middle of the road, and I picked it up and put it across my shoulder, and I was taking it to my mother's house, and my mother was not at home, and I was going down to my master's house, and I was taken. Court to Maitland. In what manner had you left this rope? - I lapped it up round and round as we always do, and left it on the dray with the pin, and when I came out the rope was missing, and the pin was in the street. GUILTY . (Aged 14.) Publickly Whipped . Tried by the first Middlesex Jury before Mr. Justice BULLER. 190. STEPHEN COLLETT was indicted for stealing two quartern loaves, value 8s. 2d. the goods of Charles Day . CHARLES DAY sworn. I lost two quartern loaves of wheaten bread, Saturday, the 25th of January last, I was serving in Basinghall-street , I left my basket, and went home for a few raspings for a customer; I returned in about ten minutes, and when I was coming back to my basket, a person told me that he believed the prisoner was watching my basket, I immediately went up to my basket, and I saw the prisoner take the bread out, I went after him and came up to him, and took them from him, he had got them in an apron before him. Q. Did he walk off with them? - Yes, he was gone from the basket about ten or a dozen yards, I took him, and there was a constable just by, and I gave charge to the constable. Q. But they are laid to be your property? - Because I am obliged to pay for all I take out, that is the rule at our house. JOSHUA PAGE sworn. I am a patrole of Whitecross-street, St. Luke's parish. I saw the man take the bread, the basket was standing right opposite Church-alley, in Basinghall-street, he took one loaf, and then he returned again and took another. Q. Did you take the loaves from them? - No, the constable did. ISAAC BADROW sworn. I was sent for to take the loaves out of the prisoner's apron. These are the loaves, they have been in my custody ever since, I did not see him take them. Day. There is no particular mark on them. Prisoner. I was in great distress at this time, I had been out of work thirteen weeks, and had been bad with a fever, and had a little child bad with the small pox, and my landlord when I got a little better, he was going to seize all my goods; I attended the market in the morning, to do what I could, I was almost starved at the time, we had but a two penny loaf between my wife and child for two days. GUILTY . (Aged 38.) Imprisoned one week , and fined 1s . Tried by the London Jury before Mr. RECORDER. 191. JANE ALLEN was indicted for stealing on the 1st of February , a flag flail, value 1d. twenty-five pounds weight of Malaga plumbs, value 8s. the goods of Richard Lomas . RICHARD LOMAS sworn. Q. Did you lose a flag flail and twenty-five pounds weight of Malaga plumbs? - Yes. On the first of February, Saturday night, I lost them from my shop, No. 9, Snow-hill , the prisoner and another woman came into the shop together, we were very busy in the shop at the time serving customers, many people in the shop; this woman took the plumbs and gave them to the other woman that was in company with her, that was on the other side of the door. Q. Was there three, two in the shop and one at the door? - No. Afterwards the other woman that was in company with her went out to the door, I was serving behind the counter, and I see her from the counter, and I seized her by the arm immediately across the counter, and as soon as I could get over the counter, the other woman was off with the plumbs. I only secured this woman, and sent for a constable; the plumbs were in the flag flail, what the Malaga plumbs comes in. Q. Were all the plumbs in the shop belonging to you? - Yes. Prisoner. I never saw the man, and there was no woman with me, my husband then laid a dying, and he has been dead since I was in goal; there was no woman with me. Prosecutor. I laid hold of her arm while she was handing them out to the other woman. Jury. Where were the plumbs? - On the further side of the shop, near the door, about two yards from it. The prisoner called one witness to her character. GUILTY . (Aged 36.) Imprisoned six months in the house of Correction and fined 1s . Tried by the London Jury before Mr. RECORDER. 192. JOHN DAVIS was indicted for stealing, on the 21st of January , a flannel jacket, value 3s. 6d. the goods of William Hayward . WILLIAM HAYWARD sworn. I am a taylor , I lost a flannel jacket on the 21st of January, Tuesday; I keep a shop for ready made clothes , in Beech-street, near Cripplegate Church , I observed the prisoner near the premises, I suspected him and I passed my door and crossed over to a neighbour, Mr. Perry's, a broker; Mr. Perry and me see one take the jacket; I saw this prisoner take the jacket from the man that took it, it was a flannel jacket, the other man took it from over the door, or between the door, which was wide enough for to admit him taking it out, it was rather dark, about half after five or not so late, I went and laid hold of him and he had the property on him, he said he had not stole any thing in bringing him into the shop; Mr. Perry sent his porter to my assistance, he dropped the jacket from him within a few yards of the door. Q. You had no property but what belonged to you in that shop? - No. Q. Have you kept the jacket from that time to this? - The constable has. Q. What may be the value of it? - It is stated at three shillings and six-pence, that is under the value of it. EDWARD WILLIAMS sworn. I am porter to Mr. Perry; Mr. Hayward came over to Mr. Perry's on purpose to see what they would do, and Mr. Perry asked him to come in, he suspected something, and my master said, there! there is somebody taking something away; he told Mr. Hayward to run, accordingly he did run, and overtook the prisoner at the bar at the corner; I see him run after the prisoner and see him stop him. Q. Did you see what the prisoner had on him? - They were wrestling together when I ran after him and the party he was darted from him almost, and I said stop my friend, you are not gone yet. By bringing him along towards the shop he dropped the flannel waistcoat from under his coat, a brown coat which he had on, I see him drop it, rather a loosish coat, he dropped the waistcoat and I picked it up and brought it into the shop, I left it there upon the counter. JOHN NEGUS sworn. I am a letter founder by business, and I am a constable and patrole in the ward of Cripplegate, the prisoner was taken before I went, Mr. Hayward gave me this waistcoat; I have kept it ever since. Q. You took the prisoner into custody I suppose? - I did. Prosecutor. This is my waistcoat. Prisoner. Please you, my lord, I was going down Beech-street, between five and six in the evening, going to Barbican, a man ran past me and delivered the waistcoat into my arms, and before I could recover myself to see what it was, this gentleman came and took me. The prisoner called two witnesses who gave him a good character. GUILTY , (Aged 23.) Judgment respited. Tried by the London Jury before Mr. RECORDER. 193. THOMAS PLANT was indicted for stealing, on the 27th of January , a wooden box, value 1s. one hundred and ninety pounds weight of soap, value 4l. the goods of Samuel Ager . SAMUEL AGER sworn. I keep the Tap at the Old Catherine Wheel Inn, in Bishopsgate-street , I lost some soap, I act as Book-keeper for some carts and waggons that come there. Q. Are you bound to make good any thing that is booked? - Yes. Q. Was this box of soap booked? - Yes. Q. By you? - Yes; it came on Friday the 24th of January, about eleven o'clock in the day, I put it under a shed in the yard, I missed it between eight and nine, Monday night the 27th. Q. Did you see the prisoner take it? - No. Q. Did any body else see the prisoner take it? - No, not that I know of. Q. What did you do when you missed it? - I applied to the constable and he brought me intelligence the next day and I saw it at the office house the day after I lost it, on Tuesday morning, the officer had taken it, Joseph Green, he lives in Goodman's fields. Q. How do you know that to be your box that you saw with the soap? - I can swear to it by the directions on it, Mr. Sexton, Ware, Hartford. - SHORTLAND sworn. I am a carman to Samuel Cleves, soap boiler. Q. Did you ever deliver a box of soap to the Catherine-wheel-inn? - Yes; on the 24th of January, I paid two-pence for booking of it, and saw the book keeper book it. Q. What day of the week was it, do you remember? - Friday. Q. Should you know it again if you was to see it? - Yes. Q. Where was it to go? - To Ware, in Hertford, it was to go on Saturday, but they had more goods than they could take that day, and so it was left till the next week. Ager. It was so. JOSEPH GREEN sworn. I am a constable of the City. On the 27th of January last, in the evening about twenty minutes before nine, going down Houndsditch I saw a coach stop at the corner of Gravel-lane, I was then on the same side of the way, when I saw the coach stop there I got the other side of the way, and I saw this man here packing this chest out of the coach. Q. he was not coachman, was he? - No, I don't know that he was, the coach drove off without him, he then rested it on the posts at the corner, being so heavy, and the weather at that time was very slippery; he took it part of the way down Gravel-lane, and two more with him, I followed them, it being so heavy he let it fall once from his back, he then took it up again, I went up to him, and insisted on knowing what he had got, and how he came by it? he told me that a man gave him a shilling to bring it out of Bishopsgate-street; I asked him where he was going to take it? he told me he was going to take it to Winfield-street; I told him he could not afford to have a coach out of a shilling for carrying of it; in consequence of that I stopped him; the soap was ordered by the Lord Mayor to go, but here is the box it was in, I can swear to. Q. How came the man of the inn to know any thing about it? - Mr. Sapwell and I enquired at every inn there, and I found that they had lost it; I gave notice to Mr. Ager, and they came to my house and owned it; that was on Tuesday. Prisoner. As I was coming down Bishopsgate-street, there was a gentleman came to me and asked if I would earn a shilling. Court to Ager. Is that the box that you lost? - It is, the name is wrote on it in full length. Prisoner. He said it was to carry this box to the second turning, the upper end of Houndsditch, and if he was not there to carry it to Winfield-street, and as it was slippery to put it in a coach to carry it to Houndsditch; when I came to Houndsditch, as he was not there I was going to carry it to Winfield-street; they took me into custody at that second turning; there was nobody with me to have any witness. Court to Ager. What may be the value of it? - Four guineas. GUILTY . (Aged 27.) Transported for seven years . Tried by the second London Jury before Mr. RECORDER. 194. FRANCIS JONES was indicted for stealing, on the 18th of February , a canvas bag, value 1s. fourteen pounds weight of carrot seed, value 10s. 6d. two pounds weight of savoy seed, value 1s. four ounces of cabbage lettice feed, value 1s. the goods of Charles Mynheer , William Mynheer , and Robert Fare . CHARLES MYNHEER sworn. I live in the Strand, I have four partners, William Mynheer , and Robert Fare . Q. You are a seeds man ? - Yes. Q. What do you know respecting the loss of these articles? - The articles were put into the cart, as is the usual way, when the cart was coming into the City and were lost, they were put into the cart last Tuesday afternoon, I directed the parcel myself in the morning, it was packed by myself, or by order, however I was present, the articles were fourteen pounds of carrot seeds, two pounds of savoy seeds, and four ounces of lettice seed. JOHN BELTON sworn. I am a carman; I put several articles in the cart. Q.Do you know what these bags contained? - All kinds of seed. Q. Did you know that that bag was put into the cart? - Yes. Q. Did you know the contents of it before it was put in? - No. Q. Who did you receive it of, and where was it to go to? - It was to go to Peterborough; I took it to my masters house, No. 63, in the Strand. Q. Where was you directed to take that cart and bag to? - To the Horse Shoe, in Goswell-street. Q.Was it to go by any waggon from thence? - By the Peterborough waggon; it was directed to Thomas Fletcher, of Peterborough. Q. You had other articles in your cart, which you was to leave somewhere else? - Yes. Q. What time of the day did you put it in your cart? - Between four and five o'clock. Q. Did you set out with your cart? - Yes. Q. Did you miss any thing out of your cart before you went out? - No. Q.What was the day of the month? - The 18th of this month. Q. What do you know about losing any thing? - I was sitting in the cart with the reins, a man comes up to me and said, there is some person taking something out of your cart. I missed it the top of Long-lane, it leads out of Smithfield into Aldersgate-street . Q. Is that man here? - No. He said if I ran down Aldersgate-street I should meet the person; I left my cart and went after him. Q. Did you leave any body in charge of your cart? - No. Q. Why you might have lost all the other things out of it? - I might, my lord. Q. Then at that time you had not missed the bag yourself from the cart? - I had not. Q. And was you so imprudent as to leave your goods and the cart? What did you do? - I found this man, the prisoner, with this bag under his arm; I saw him coming out of a court that leads into Aldersgate-street; one of his acquaintance hallooed out to him, he directly jumps down in the street and lets the bag fall, there were two more with him, one of them hallooed out to him a word, boy. I picked up the bag and hallooed out stop thief! a man on the other side of the way catched hold of him by the breast, and held him till I came to him and seized him. Q. Had you seen him at all about your cart, or following it? - No, I did not take any notice. Q. How far was it from the place that the bag was dropped, that the man was collared? - Not fifteen yards. Q. Is the man here who collared him? - No, he is not. The man held him till I came up to him, and I took him into a public house till a constable came, and I gave charge of him, and kept the bag in my hand. Q. Then you swear you never lost sight of the prisoner from the time that you saw him with his companions, and from the time that he dropped the bag, till he was collared? - Never. Q. And you are very sure that the man that you took from the public house, was the man that dropped the bag? - Yes. Q. What became of his companion? - I never see any thing of him after. Q. Did you see the bag opened afterwards? - It has never been opened from that time to this; the bag was delivered to the officer. Q. Who has had the possession of that bag? - James Newman, the officer. Prisoner. Did I make any resistance? - He cried, and said he was ill used. Court. How was the head of the cart secured? - With the tail board. Q. Had you stopped any where? - No. The tail board continued up after the bag was taken out. JAMES NEWMAN sworn. I am the constable; I was coming up Long lane between five and six Thursday evening, the 18th of this month, one of Mr. Cannon's men told me that the cart had been robbed, and that there was a man wanted a constable at the Coach and Horses; I immediately went there, I found the prisoner at the bar there, Mr. Mynheer's man had him in hold there, the last witness, Mr. Belton, he gave me the bag directly, and gave me charge of the man; that bag has been in my possession ever since, and has not been opened. Court to Prosecutor. Are there any marks on the bag? - I can swear to the directions being my own hand writing, the four ounces are laid long ways, and packed on the two pounds. Prisoner. I was going down Aldersgate-street, I heard the cry of stop thief! and some hackney coachman held me by the collar, and laid, here is one of them, and they stopped me; I was in custody five minutes before the man came and took hold of me; I said I was very willing to go any where, where they pleased to take me. I never knew any thing about it. Court to Belton. You are very sure you saw the prisoner drop the bag? - I did. The prisoner called one witness to his character. GUILTY . (Aged 28.) Judgment respited. Tried by the London Jury before Mr. Baron THOMPSON . 195. ADAM HANNAWAY was indicted for stealing, on the 15th of January , a cloth coat, 10s. a cloth waistcoat, value 3s. a pair of leather boots, value 1s. the goods of Christopher Postern . CHRISTOPHER POSTERN sworn. I live at Turnham-green , with Dr. Myersbach The prisoner came to the doctor's house to enquire for work; I told him that Thomas Ashley , our gardener, was not at work, but if he stayed till he came home he would give him work if he wanted him; he came home in the evening, he did not come home while it was light. Q. What time of the day was this that the prisoner called? - In the evening, between one and two o'clock; he waited there till the dusk of the evening; I told him our gardener was not at home, to come the next morning. Q. What time was it you told the prisoner to come the next morning? - About four o'clock in the evening, he went away when I told him. Q. Did you see any thing more of him afterwards? - Not that evening. The next morning about seven o'clock, I was present, and Mr. Ashley set him to work, that was on the 8th of January, he worked that week all out; the Monday morning he came to work as usual, he worked till Saturday morning breakfast time; Saturday he asked his master gardener to give him leave to go away that evening on some business that he had got for himself to do; the gardener gave him leave to go; and he promised to come again, on Monday morning. I heard that, on Sunday I missed my clothes, I wanted to put them on. Q.Where were they before you missed them? - Over the stable, I sleep over the stable, I had them on the Sunday before, they were my Sunday's clothes. Q. Were they in any box, or any thing? - No, only hung on pegs. Q. Did not you miss your things on Saturday night? - No, I did not suspect any thing of that kind. I missed a coat and waistcoat, and a pair of boots; on Monday morning he did not come to work. Q. You did not make any enquiries after him on Sunday? - None at all; on Monday when he did not come to work I suspected him. Q. Is there any communication to this room, except through the stable? - No, none at all. I went to Brentford, where I thought I should find them in some of the shops, and then this Thomas Ashley and I, we went to his lodgings at Brentford, (Hasting Sharp's,) there I found my boots, that was all; I went and examined all through Brentford, and I could not find any thing more, and they told me he was gone to another place to work, and that he was gone to market, and that I should meet him on the road; accordingly I went, and I met him by the Pack Horse, on Turnham green; I asked him how he came to take my boots away? he said he had not; I told him then that I found them at his lodgings? he said that he had put them on to get some turnips on Sunday; then I asked him what he had done with my clothes, he denied them; I told him if he would tell me where they were I should be much obliged to him, and will not hurt you? at last he told me where he took and sold them; says he, the person is here who bought them of me; he shewed us himself where he sold them to, to a gentleman at Brentford, a man that deals in clothes, his name is Phillip Mattingly; we took him to the justice's the next day, and he brought the clothes there. Q.Did you see them at Mattingly's first? - I did not, till he brought them to the justice's. Q. Were the things that were produced before the justices, the coat and waistcoat that you had lost? - Yes. They are here. THOMAS ASHLY sworn. I went with the man to Mattingly's house on Tuesday night, succeeding the Saturday that he went away from me in the morning; I asked this Mattingly whether he had bought such a thing of that kind, as a coat and waistcoat? then Mattingly denied having bought such things, he did at that time; I then returned to Turnham-green, thinking it had been fictious what the prisoner had told me, I met the prisoner on the way, and one Naybour with him; when I met the prisoner I desired he would go back with me to Mr. Mattingly's, he went back with me, and when he came back there, Mr. Mattingly then acknowledged that he bought the things. Q. What description had you given of the clothes? - I told him it was a light coloured drab coat and waistcoat. Q. Had you described the sort of man that you supposed had sold them to him? - I mentioned that he must have bought them a very short time before this. Q. Did Mattingly produce them that night? - No, the next morning they were brought to the justice's, Bland's, at Brentford, that was the first time I saw them, from the time they were stole; in consequence of his being taken up, from the evidence that was given before justice Bland, he was committed to Newgate; the clothes were put into the hands of the constable of Brentford, he is not here. Q. Who has the clothes? - Naybour. PHILLIP MATTINGLY sworn. I buy clothes, new and old, I live at Brentford, near the seven mile stone. Q. Do you remember the last witness coming to your shop, to know whether you had bought such an article as this coat and waistcoat? - Yes, he described it as a light coloured drab coat, and it is a dark colour, I do not recollect that he mentioned the person, nor a word about it. Q. The fact is, you bought a coat and waistcoat? - I bought them of a man much like the prisoner, but I don't know the man. Q. When did you buy them? - I don't know when I bought them. Q. How long was it before application was made to you? - Four or five days. Q. When the prisoner came to your shop, and said, that he sold you the clothes, was it true or not? - I thought it was true, from what the prisoner said, I don't know no more of him. Q. You had no recollection how long you had been possessed of these clothes? - No, no further than what he said he had sold them me. Q.Was that or was it not true? - I did not know the man again, if he had not said that he sold me the clothes. Q. Do you recollect what past between you, and the man you bought the clothes of, whoever that man was at the time? - Nothing more than he asked me if I would buy the clothes? I asked him what they were? he said a coat and waistcoat, he said he was out of work, and he would sell them; I offered him first half a guinea, he said I must give him twelve shillings, I gave him twelve shillings for the coat and waistcoat. Q. Do you say that you forgot the person that you bought the things of, when it was in less than a week that you saw him again after you had bought them? - I did not know till I saw the prisoner, and he told me that he was the man that sold them me. Q.What enquiry did you make, of the man that sold you these articles? - I did not make any enquiry. no otherwise than that he told me he was out of work. Q. Were these livery clothes? - Yes, it had been a livery coat, but it had been turned. Q.Look at the prisoner? - To the best of my knowledge it is the same man, but I never saw the man before. Q. How much did you give him? - I gave him twelve shillings, what he asked. Q. To the best of your recollection the prisoner is the man? - Yes, he is. Q. Then whoever the person was, the man that they brought, said he was the man that sold you the clothes? where are the clothes now? - Naybour has got it. - NAYBOUR sworn. I am a man that works in gardens along with the prisoner. Q. Do you know any thing of the loss of these clothes? - No. Q. How did you get this bundle? - I received them of the constable, he is not here. Q. Can any body say these are the clothes that were found at Mattingly's? Askley. I see them delivered into the hands of the constable's son (Pollycut.) Mattingly. I believe these are the clothes I bought. Postern. I know them fast enough, they are my own clothes, I was at the justice's when they were brought there, and these are the clothes, they were my clothes once, but they have not been in my care since they were stole till now. Court to Naybour. The clothes were delivered to the constable by Mattingly? - Yes, and Porter swore they were his clothes. Q. And these are the same as produced by the constable before the justice? - They are. Postern. These are my boots, there is my name within them on the inside; they were hanging up in the room. Prisoner. I met a traveling man on the road, and he had these clothes, and he asked me what I would give him for them boots? and I told him I would give him eighteen-pence for them; and so he said no, that would not do, if I would give him a pint of beer I should have them; so with that I went down with him as far as the King's Head, and drank part of a pint of beer, and he delivered the boots to me, and said they were his; he said he had got these here other things, and he was going to sell them as soon as he could; and I went up to Brentford with him; he said they were his own, and he went into this shop, just by the seven mile stone, and he sold them, and I stood at the door, and I thought being a travelling man that they might be his own. So he said he had made pretty well of them, as he was out of work He took me over to the Black Boy, and treated me with part of a pint of beer. The prisoner called four witnesses who gave him a good character. GUILTY . (Aged 16.) Judgment Respited. Tried by the first Middlesex Jury before Mr. Baron THOMPSON . 196. GEORGE HIGGISON was indicted for stealing on the 8th of January , two geldings, price 4l. the goods of Thomas Wilson . THOMAS SMITH sworn. I live with Thomas Wilson , I am head hostler there, it is the Swan and Two Necks, Lad-lane . Q.Were any geldings missing at any time? - Not before them two; that was the 8th of January, I don't know the day of the week, this here man came into our yard, and he wanted an employment; it was about eleven o'clock, between ten and eleven. Q. Do you mean in Lad-lane? - Yes, he said he lived with Mr. Bolton as horse keeper, at Charing Cross; I desired him to ride the horses round Moorfields, Finsbury-square; they were some that had bad colds on them; and I asked him if he knew where our farrier lived? he said he did, some wanted something done to their shoulders, I told him to ride them to him; instead of riding into Moorfields, he rode up Silver-street, across Smithfield into Holborn, and here he sold them. I told him I would satisfy him for riding them out a bit, as he had nothing else to do. He was not in any employ otherwise, when the time was up, I found he did not come back, I began to be rather uneasy about four or five o'clock; he went out with them between eleven and twelve; then I went out to Charing-cross to Mr. Bolton's head hostler, to know if ever he knew such a man, and whether he lived there? he said he did not, but I might hear of him at the Ship, at Charing-cross. I went down there and the master gave me a very bad character. I did not find him, I heard of him; he was taken in the Broad way, Westminster. I never saw him till he was taken, it was in the same month, about eight or nine days afterward, I saw him then at the office, Westminster. Q. Have you ever seen your horses again? - No. Q. He did not ask you to ride them out? - No, I asked him to ride them out for an hour or two, and would satisfy him. Q. What were they? - Geldings. Q. How many had he? - Two. Q. What might the value of them be? - I don't know, the horses were in bad condition, worth about four pounds in that condition, but we do not sell them, we keep them when they are worked down to get them about again if possible. I am sure that is the man. JOHN WHITE sworn. I am a horse dealer, the prisoner at the bar brought me two horses on the 8th of January last, nearly about twelve o'clock, Tuesday, I think the day was. Q. Where did he bring them to? - Oxford-street, where I live; he asked me if I would buy them? I asked him what was the matter with them? he told me they were glandered. I asked him where he brought them from? he told me from Lad-lane; I asked him why he brought them so far? he gave me for answer, that he was going into Piccadilly to fetch a letter bag back, that was left by one of the mail coaches, and that he might as well bring them to me as any body else; he said he was going to the White Horse Cellar. I asked him what he wanted for the horses? he asked me two guineas and a half for them; I told him it was more than I gave any body at that time of the yeat, I would give him but two guineas; he said when he lived with Mr. Parminster I always used to give him a shilling when he brought a horse for himself; I told him I would not go from that rule, I would give him a shilling for each horse, besides the two guineas, which I did; he had lived with Mr. Parminster, Duke-street, Manchester-square. Prisoner. That there gentleman told me that the horses were glandered, and told me to try to sell them some where. White. It was some days after this that Mr. Smith and another gentleman that is here, asked me if I did buy two horses? I told them I did; they were both glandered, to the best of my knowledge, it is impossible for any hostler, or any doctor, to swear positively to that kind. I took them to be slaughtered the same day myself, and Mr. Smith called on me after he had apprehended the prisoner. Mr. Smith called at my house, and I told him they were down in the inspector's book; one was a chesnut, very much rubbed, and the other, I think, was a dark bay, or a brown, I am not clear to that. Court to Smith. What was the description of these horses that you lost? - One was a chesnut horse, cut a little with the barness; the other was a brown bay. Q. You never see them after they went out of your yard? - Never. Prisoner. I was in the public house, the corner of the gateway, and the hostler asked me if I would have a ride? why, yes, says I, I don't care if I do; he went up and asked me if I would ride them geldings? when he got them out into the street, he said they were glandered, and says he, go try and sell them, and I knew this gentleman in Oxford-street, that he bought horses, and I went to him and sold them; and I had to go to Piccadilly and I never returned again. Court to Smith. Are you positive that you never held any language to this man that he could understand that you wished him to sell them? - Nothing at all, upon my oath. Q. Were the horses glandered? - I cannot say they were, or were not; the chesnut horse had some little appearance of it, but the brown horse had no appearance at all. Q. Did you give him directions to go to the White Horse Cellar? - No, none at all. JOHN BENNETT sworn. I took the prisoner on Friday the 7th of January. GUILTY . Death . (Aged 20.) Tried by the first Middlesex Jury before Mr. RECORDER. 197. ABY TORY was indicted for stealing on the 9th of February , a linen patched wash cover lid, value 4s. a woollen rug, value 1s. a woollen blanket, value 1s. two woollen ironing cloths, value 1s. the goods of Edward Reynolds . EDWARD REYNOLDS sworn. I keep a shoemaker's shop in Broad-street, St. Giles's No. 40 . Q. Did you lose the things in the indictment at any time? - Yes. On the 9th of this month, Sunday, I lost them from a back parlour, they were took from the children as they lay in bed. Q. Did you see them taken? - No, it was in the night about nine o'clock, the watchman stopped the prisoner with the things under his arm in the street. Q. When did you first know the things were missing? - The watchman alarmed us, we were in bed, it was a quarter past ten, I got up and my wife, and we went down, and missed the things directly. Q. Did you know these things to be your's? - Yes. Mr. Knowlys. You know the prisoner? - Yes. Q. He has been frequently at your house backward and forward? - Yes, several times. Q. You are very well acquainted with him? - He used to sell sugar candy in a basket, and he used to call at the door, and used to buy sugar candy for the children. I have got five children. Q. You have got a servant maid; the knew the prisoner at the bar as well as you? - She did not do it. Q.He used to come with the basket with sugar candy? - Sometimes he might not call for three or four months. Q. Was she up or in bed? - She was in bed when I went down. JOHN PENDERGRASS sworn. I am a watchman, I know the prisoner. Between nine and ten o'clock, on Sunday night, the ninth of this month, as I was coming on my duty,I met the prisoner, and he kept the middle of the street, and I had suspicion of him, and I went to him and asked him where he lived? he said in Whitechapel, and I fetched him down, and he offered me a bribe, and I laid faster hold of him. Q. What bribe did he offer? - He pulled out some money. I told him I should not have it. When the constable of the night examined him in the watch-house, he gave several excuses. Q. What did you find on him in the street? - The things in the indictment. Q. How did he carry these things? - He carried them quite loose, they were only huddled up, he had them in his arm, the constable of the night took them from him, and the constable of the night gave them back to me, and I have kept them ever since. Q. How far might he be from the house of Mr. Reynold's when you saw him? - Not a quarter of a mile. Q. Was he going in a direction to or from the house? - Coming from it. Q. How long have you been a watchman? - A year and a half. Q. Did you know the prisoner at the bar before? - I think I had seen him the Saturday night before. Q. I believe it was not above a hundred yards from the house where you stopt him? - It was above five hundred yards. Q. He said he had got nothing but his own property? - He did. Q. He was very sober I take it for granted? - I cannot say whether he was sober or not. Q. Try your memory a little, did you go with him to the watch-house? - I had him to the watch-house certainly. Q. How long did you stay with him? - Till I see him put backwards; but I cannot say on my oath that he was was either drunk or sober. Q. Did he appear to be drunk? - No, that he did not. Q.Just now you told me that you did not know whether he was drunk or sober? I believe the prosecutor was very sorry that this man was taken up, was not he? - I hear you, but I will not answer for any body but myself. Q.Don't you know that the prosecutor was very sorry? - Not that I could find. Q. Did not you hear him say so? - I never heard him say so. Q. Then you did not answer when the prosecutor said so, that he did not with to hurt him, then I will discharge him, but I will have three guineas of him? - No, no such thing passed. Q. Nor any thing like it? - No,I said no such thing. Q.Perhaps two guineas then? - Nor two guineas; they have been teizing the prosecutor and I both, ever since he has been put in prison. Q. What was said about money in the watch-house? - Upon my oath not a farthing. Q. Did not you say that you would take it? - No. Q. Not two or three guineas? - I never spoke of any such thing. Q. Nor any sum whatever? - Nor no other sum. Q. Did that pass in the watch-house? - They asked me at the watch-house, I told them I was paid by the parish, and would do parish duty. Q. Did not you say that you would take three guineas, or two guineas, and discharge him? - I told them always when they offered me that I would take no money. Q. What do you say at your offering to take it? - I never have offered to take it, upon my oath. ELEN MITCHELL sworn. I am a servant to Mr. Reynolds. Q. How long have you been his servant? - Two months. Q. Was you at home when the house was robbed? - Yes. Q. Were all the family out? - The prisoner came to the door, and asked if he should leave the basket there? between six and seven on Sunday evening. I said no, and he went about a dozen yards, and he turned back again, and he said shall I leave the basket? I said no, to him; says he to the little boy, don't you know me? the little boy said yes, one of the children of the family. The things were missing about a quarter after ten, he was there between six and seven. Q.Where were the the things missing from? - The back parlour. Q. Is not that where the children are? - Yes. Q. Was any body else at home at that time but you? - Nobody but me and the children. Q. How many children are there? - Five. Q. Did he come into the house at that time at all? - He followed me into the back parlour, and put his basket down on the floor,and I lifted it up into the chair; and he said by and by I will call for it again, and that was all that passed. Q. Did he leave it there then? - Yes. The remainder of this Trial in the next part, which will be published in a few days. Q. But I understood you before that you would not let him leave the basket? - He went about a dozen yards, and then he returned again; and he said that he knew my master and mistress for a great many years, with that I let him leave his basket the second time. Q. Did he ever come back for his basket at all? - I never see him any more, till I see him at the justice's. Q.What sort of a basket is it? - An old large basket, with a piece out of the bottom of it. Q. What was missing from the house? - A linen patch worked coverlid, &c.(as in the indictment.) Q. Where were they laying? - On the children, the children were in bed at the same time, I was up stairs waiting on supper, and I forgot to lock the door. I never knew they were gone till the watchman came and rattled at the door. Q. Can you say at all at the time that he left the basket, that they were lost then? - I am sure that they were not lost then. When he came with the basket, the children were in bed,some of them. Q. Did you observe that these clothes were on the children after he left the house? - They were,I am sure of it. Q. Then he did not take them at that time? - He did not. Q. When he went away did you shut the door after him? - It was shut,for I padlocked the door, and master and mistress came home between eight and nine. Q. Where did they sup? - Up stairs. Q. Did you let your master and mistress into the house? - Yes. Q. Did you shut the door after them? - Yes. Q. Did you bolt the door after them? - No. Q. Then between nine and ten you heard the alarm? - The watchman knocked at the door. The parlour is in the back room on the ground floor. Q. Do you know what the value of them may be altogether? - I do not. Mr.Knapp. You have told the whole truth? - I have. Q. Every part is truth? - It is. Q. Then at the time this man left his basket, you was waiting on supper, with your master and mistress? - I am sure they were at home. Q.You said, if I am not wrong,you said they were not at home? between six and seven the jew came there? You have a number of sweethearts? - No sweetheart of mine. Q. If the watchman has said that he caught the prisoner two or three hundred yards running away, he has told a lie? - No, he has not told a story. Q. You are sure that the watchman came knocking at the door, and asked whether you lost any things? - Yes. Q. Did he bring them with him between nine and ten? - He did not, they were at the watch-house. Q. Were all the children in bed? - They were all in bed. Q. The little boy and all? - Yes, all. Q. You are sure of that? - I am sure of that. Q. The little boy did not happen to say that he knew him? - That was between six and seven. Q. Did you know the prisoner at the bar before? - No. Q. Never knew him before? - I never saw him, only at the house, and at the justice's. Q. What time did you master and mistress go to bed that night? - About a quarter after ten. Q. How soon were they disturbed? - I don't know, about ten o'clock. Q. How came you to stay up so late? - I was in bed. Q. What time did your master and mistress sup? - About a quarter before ten. Q. You told the gentlemen of the Jury that you waited on your master and mistress at a quarter after ten, and at ten o'clock you went to bed? Was it a quarter after ten that you and your master went to bed, or was it a quarter after ten that you went to supper? - It wanted a quarter to ten when my master and mistress went to supper. Q. I think you say you never saw this man before? - Never. Q. How came you to leave him below stairs in your master's house, if you never saw him before? - No, I did not leave him below stairs, he was not four minutes with me, and he gave me an orange, and he gave the little boy an apple. Q. Perhaps he might give you something else? - He did not. Q. You did not drink any thing with him? - No, there was no liquor sent for at all. Q. Was the basket left in the parlour? - Yes. Q. You had no struggling with the prisoner, he wanting to get away and have his basket? - No, there was no reason for it. Q. Did he endeavour to get away and you prevented him? - No. Q. Did you know what was in the basket? - He had sweet stuff. Q.What time did your master and mistress go out in the afternoon? - It was about eight o'clock; they came home between six and seven, and went to chapel. Q. Then between six and seven this man had been with the basket, and they were having their tea after that? - They had not their tea till a quarter to eight, and they went out again at eight to chapel, they went to hear a part of it, and they came home about a quarter after nine. Q. You told your master and mistress when they came home what had happened, I take it for granted? - I told him that the jew left the basket, and that the jew said that he knew him a great many years. Q. Why, did you tell them before they went to chapel? - No, after they came home. Q.What time did they come home from chapel? - It is done at eight o'clock. Q. Why you said just now that they went at eight to hear a part of the service after they drank tea? now what time did they come home again? - It wanted about a quarter to nine, and they had not their supper till a quarter to ten. Q. Was your master and mistress in bed when the watchman came? - Yes, and I was in bed. Q. What time did you go to bed, ten o'clock? - No. Q. Why you told the gentlemen of the jury just now, that it was at a quarter after ten that the watchman came. Prisoner. That young woman, as I passed by the place, she asked me in, and kept me from half past six, till half past nine; and she asked me to take them things with me; she gave them me herself, and I left my basket there; the girl made me leave the basket, she would not let me take it away; I was to come on the morrow and meet her, and give her what the things fetched. Court to Elen Mitchel. Did this man stay all this time in this place with you? - No. Q. Upon your oath did you give him any of these things? - I did not. The prisoner called four witnesses to his character. Court to Pendergrass. Did he or did he not, at the watch-house, say any thing about the house, from whence these things came from? - My Lord, he said first that he brought them from the corner of Monmouth-street; their house is three or four doors from Middle-row; in the street; he said they were his own property, he told us that he brought them from the corner of Monmouth-street, and it being Sunday night, the constable of the night convinced him of that; then he said he brought them from the corner house. I am certain he said the corner house. Q. What business did he say he had there? - He did not tell what business he had there, he said he left his basket where he brought the things from; the constable of the night examined him again, and desired him to tell where he fetched them from, and he would not detain him any longer; then when he was backward I asked him to tell me the number of the house, and I would go there and get him acquitted, with that he told the number of the house, a shoemaker's house, No. 40, St. Giles's; then I went up and rapped at the door, and asked the man if he had lost any bed-clothes. Mr. Knowlys. He told you the right number of the house? - He did. Q. Did you see the basket there? - I did not. Q. What time was it? - As soon I cried ten o'clock, it was a few minutes after ten when I alarmed the house. Q.When you got back to that house(No. 40,) what time was it? - It was about ten minutes after ten, between ten minutes and a quarter of an hour. Q.Did the girl appear to be in bed? - She did, one of the lodgers let me in. Q. Did not the girl say at the time that she had let you in? - She said that she let her mistress in to the apartment where she lay. Q. Then the mistress was up? - She got up on my alarm. Court to Reynolds. When you came home did you hear of this basket? - My little girl told me that the jew had been there, and gave the girl an orange, and her brother an apple; she spoke of it after the child told me. Q. When was it you first saw the basket? - I did not see the basket at all till the day after, which was on Monday. The basket is there now. Q. Did the servant maid at any time say any thing to you about the basket, afterwards? - When she came up to wait at surper, I asked her if the jew and she had been fellow servants? she said no, she never knew him in her life. A little after ten the watchman came and made an alarm, and the lodger let him in, and they came up to my door, and we got up. Q. Did the servant maid first tell you about this basket, or did you speak to her first about it? - To the best of my recollection she told me, that the jew had been there, and he had left his basket, and that she refused to take it. Jury. Did your servant lay on this same bed where the clothes were taken off? - Not on the same bed, but in the same room. Court. How long had this servant been with you? - About two months, but I don't recollect that ever she saw him before. Jury to Mitchell. What time did the little boy go to bed? - About a quarter to nine, and the quilt was on the bed then. Reynolds. These are my things. GUILTY . (Aged 25.) Transported for seven years . Tried by the first Middlesex Jury before Mr. RECORDER. 198. JOHN JACKSON was indicted for stealing, on the 16th of January , a linen gown, value 2s. three linen clouts, value 1s. the goods of Robert Charnock . ROBERT CHARNOCK sworn. I live at No. 6, Horse Ferry-road, Westminster . I missed the things on the 16th of January, from the yard behind my house, I saw them there at half past ten at night, I went then back to the necessary, where I saw them hanging before I went to bed, I am perfectly sure they were there then; I know they were lost on the morning following, the patrole called at the door, and asked if we had lost any thing? I immediately answered I had not; he said have not you lost some clouts and a gown; my wife went into the yard, and saw they were gone. The patrole called between ten and eleven. Q. Did the patrole shew them to you? - He did at the Rotation office. WILLIAM KNIGHT sworn. I am a patrole of St. Margaret's. On the 16th, about eleven o'clock at night, I was crossing of old Peter-street, there was a stranger stood by my side, he said, there is a bundle gone into Lane-court, and he went and I followed him to the door, and I knocked at the door, after knocking some time, Jackson opened the door, where of I asked him what became of that bundle he brought in? he said he brought no bundle in at all, with that I looked about the place, and moved the bed about, and at the foot of the bed, in an old deal box, I found the bundle. Q. How did you know this was his room? - He said he came in that afternoon. I asked him where he got the bundle? - I found in this bundle a pair of sheets, a gown, and three clouts; he said, he picked them up in Peter-street, coming from his mother's; I carried them to the office. Charnock. I know the gown, here is a piece of the same; I can swear to the clouts, one has a mark on it. Q. To Knight. How far is this man's house from the prosecutor's? - About one hundred yards, or not so much. Prisoner. I left my work at six o'clock and went home to my lodgings, and had my supper; after that I went to my mother's for a clean pair of stockings, and stayed at my mother's within ten minutes of eleven o'clock; coming from there to my lodgings, there was a man came along with a bundle in his hand, as soon as he saw me he dropped the bundle and ran away; I said to him you have dropped your bundle; and he said nothing, but kept running; I stood by it for five minutes, and then I took it up and went home, and went to go to bed. I was undressing myself when the gentleman knocked at the door and I opened the door immediately. GUILTY . (Aged 19.) Judgment respited. Tried by the first Middlesex Jury before Mr. RECORDER. 199. WILLIAM KELLY and GEORGE HORTON were indicted for stealing on the 20th of January , two pair of leather slippers, value 5s. the goods of Thomas Langdon . THOMAS LANGDON sworn. At seven o'clock on the 20th of January I missed two pair of shoes out of the window I live in Union-street, Westminster . On the morning following, two men, that are here, came to my house and asked me if I had lost these shoes? the men were Percival and Moore. Q. Was your window broke at all? - No, they opened the door and took them out, the door was on the latch. When I came out of my parlour into the shop I observed the door open, it was that that made me look about my shop, and I missed my shoes. MOORE sworn. I am a constable. On Tuesday the 21st of January, I was going into Strutton Ground, and as I was coming back again I saw the two prisoners at the bar, going down Duck-lane, Horton seemed to have something in his pockets, with that I was in a hurry going back I did not watch them then, I went home and came back again to the place, and they were coming up again, and Kelly had a bundle in a blue apron tied up under his left arm; I made a stop, they repassed me by for some considerable distance, I believe it may be an hundred yards, or better, I perceived them look back, I did not turn back, I goes round to Percival into Tothill-street, to desire him to go with me, I left them again after I had watched them for a considerable time, Percival he went with me, we went into the Broad Sanctuary, there we found the prisoners, they were coming into the Broad Sanctuary, they went to pass us and we stopped them, Percival took hold of Horton, and I took hold of Kelly, and took the bun dle from him and searched him, the bundle was in the apron. I asked him what he had got there? he said an old pair of breeches which he was going to carry to Lambeth to his mother to mend; I opened the bundle, I saw there two pair of slippers in the bundle; Percival was holding both the prisoners while I was searching him, I took them away and locked them up. Percival has had the slippers ever since in his possession. Knowing the marks, I goes to Mr. Langdon to ask him whether they were his? he said, they were. Q. At the different times you met these men were they together? - Both together. Q. Did Horton say any thing about this business at all? - Not to me. Q. How far was Horton behind Kelly? - He was as close to him as he could walk. Q. What o'clock was this that you saw them? - Between the hours of ten and eleven in the morning. - PERCIVAL sworn. Q. Was you present when the man was examined? - Yes, I held both prisoners while Moore took the slippers, they were wrapped up in a blue apron with an old pair of breeches; I have kept them ever since. Horton told the magistrate that he and the other were going up Charing Cross, and he picked the slippers up, they were lapped up in two papers, and they picked them up and throwed them into the hamper that was on their jack ass. Q. Was any thing said to Horton before this to induce him to say this? - No. Q. Was the examination taken in writing? - Not Horton's. Q. Was the other's? - I cannot say. Langdon. These slippers are my property, here is the mark on the bottom, they are womens slippers, E. L. is stamped with iron on the heels. Prisoner Kely. Last Tuesday morning was a month, as I was going up King-street, about half after six, to the best of my recollection, I saw something wrapped up in a piece of paper, and I went to look at it, and I found they were these two pair of shoes, and I chucked them into Horton's hamper; then when I came back I had a pair of breeches and a pair of stockings that I was going to take to my mother to be washed and mended, and I tied them up in the bundle, going along by Westminster Abbey, one of them gentlemen stopped me and took my bundle from me, and searched me and found these two pair of shoes, and took me before the justice. I have been the chief support of my mother and two children ever since my father's death. I never saw the prisoner but once before in my life, nor ever had any acquaintance with him. Prisoner Horton. As I was going along the church yard; Westminster, going to my work, I saw a mob, and I stopped to see what was the matter, these two men stopped me as I was walking along, and said, I was concerned with this prisoner at the bar, as I was going to my work. William Kelly. GUILTY . (Aged 18.) Judgment respited. George Horton , Not GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 200. GEORGE BRACE was indicted for stealing on the 12th of February a she ass, value 1l. 1s. the goods of Daniel Gossett . DANIEL GOSSETT sworn. I am an auctioneer , I lost a she ass on the 12th of this month, either the night of the 12th, or the morning of the 13th it was on Wednesday. On Monday I received notice from two men that were in the country, who sent me word that the ass was lost out of my orchard, adjoining to my house, in Bury-street, Edmonton ; I cannot swear to the ass myself. Q. Did you ever see this ass that you conceived belonged to you at any time? - Yes, I saw it on Saturday morning at the Rotation in Worship-street. I had offered a reward for finding of it, and some hand-bills were distributed about the country. THOMAS WRIGHT sworn. I am Mr. Gossett's servant, I lost the ass on the Wednesday the 12th. I missed it on Thursday morning the 13th, I saw her on Wednesday night, about six o'clock, I saw her again on the Monday following, at the office in Hog-lane. Q. Are you sure that the ass belonged to your master? - Yes, I knew her by having a string halt behind. Q. Was it the same size and colour? - Yes, every where. Q. How long had you known this ass? - I cannot rightly tell, I have known her almost half a year. Q. Can you say that this ass that you saw in Bishopsgate-street, belonged to your master? - Yes, I can swear that. Q. Who brought her there, do you know? - The people belonging to the office. Gossett. The ass was made a present to me by my father last summer, it is a she ass, for the benefit of the milk for my family. WILLIAM GOSCUT sworn. I know this ass; it is a she ass, I brought it from Bethnal green-road, from Mr. Gossett's father's, facing the charity school, about July last. Q. Did you ever see the ass since? - Yes, once since. Q. Was you acquainted with her when she was at Mr. Gossett's father's? - No, I only bought her and took her away that same day. Here is the man that sold her to Mr. Gossett's father. Q. Did you make observation enough on her to know that this ass, that was stole, was the same ass? - Yes, I can safely swear that I saw her at the Rotation office, it was of a lightish colour. Q. Had she a string halt? - Yes, in her near leg behind. Jury. Do you know it by any other mark? - No otherwise than there is a mark on her back where there is the hair off by a wound. I am sure it is the same. JOSEPH WESTERN sworn. I am the man that sold the ass to Mr. Gossett; I had the ass four years; I saw the ass at the Rotation office, I am certain it is the same. I described every mark about her before I saw her, some red spots on each side, and she has a tooth that comes out against her lip, that she shed at one of the lower tusks; I am certain it is the same ass. WILLIAM STONE sworn. I keep a great number of asses for the sake of the milk, the ass was brought to me on Thursday, about twelve o'clock, or a little before twelve, I believe, and sold. I live at Hackney, the man brought her to me, and said it was his own property. Thomas Bull brought it to me, the prisoner came with him very near my house, and then they separated; I asked him if she was his own property! he told me yes; he asked me if I would buy her? I told him I did not wish to buy her, I did not want her; he said he would be very much obliged to me if I would buy her, for she was so very heavy with sold that he did not know what to do with her, if he put a load on her she would lay down. I gave him at last twelve shillings for her; I knew the man before, I have sold him some asses before, and he has bought corn at my shop, I sell corn. I had no doubt about the ass being stole, and from his saying that she lay down in the road, I conceived that he had had her some time. Q.When first did you know of its being stole? - The officers Harper and Armstrong, had secured Bull and the prisoner in Shoreditch watch, and they came down to me. Q.Was this ass taken from you by any body? - The officers took them both together, I sent one of my boys with them. Q. Are you sure that they had the ass that you bought? - Yes. THOMAS BULL sworn. Q. Where did you get this ass you sold to this gentleman, Mr. Stone? - The prisoner came to me on Thursday morning, and knocked at the door, I live in Hare Walk, Hoxton; he came about seven o'clock, he brought the ass to me, and asked me if I would let him put it in my stable, for the value of a couple of hours; then he went away, and I went to market about my business; about two hours after that he came again and said, that he was very much distressed for money, and asked me if I could help him to a customer for it; I told him I believed I could. I took it to Mr. Stone's and asked a guinea for it; Mr. Stone said it was not worth above half a guinea, but twelve shillings was the most he would give for it; he gave me the twelve shillings, I took the money to the prisoner and he gave me eighteen pence. Q. Did you ask him how he came by it? - I did not ask him, he said it was his own property, he bought it on the road. I was coming by on Friday night at the officer's door, and I saw the officer Armstrong, and he told me he had been looking about for a whitish ass very heavy with sold, and string halt behind; and says he, if you can give me any intelligence of it I will give you a guinea; so with that I told him if I should happen to hear of any thing I should let you know. This was about ten o'clock, at his own door in Kingsland-road; I afterwards came back to him and resigned myself to him, and I went with the officer directly and took the prisoner. I went home to my wife first to know whether it was the same ass by the description, that Mr. Armstrong told me. Q. When did you return to Mr. Armstrong? - In about ten minutes, or hardly so much. I told him I had sold it, and was employed by the prisoner to sell it for twelve shillings, and he gave me eighteen pence, and he took me into custody. Q. Did you give evidence before the magistrate? - Yes. Jury. Did you ever know the prisoner before this transaction? - Yes, I have seen him before about the country, but I did not know but it was his own property; I never had any dealings with him, I am sure of it. SARAH BULL sworn. I am the wife of the last witness, this ass was brought to my house about seven o'clock, Thursday morning, by the prisoner at the bar. Q. What is his business? - Bottoming of chairs, we have frequently seen him about the country bottoming the chairs, he brought the ass about seven o'clock in the morning, and asked my husband to let him put it in his stable. Q. Was it put into the stable? - Yes, I saw him led into the stable myself; we went to market and when I came back I found his wife and him standing at my door, he said he was very much distressed, and asked my husband if he could help him to a customer for it, he would satisfy him; my husband said, he did not know any body without it was Mr. Stone, they left my place together, and his wife stayed till they came back together, and when they came back, he paid me five pence that I lent his wife to get some breakfast with, and he sent for half a pint of gin, and a pot of beer. JOHN ARMSTRONG sworn; There was a written description left at the office of this ass, and I read it, and I and Harper and three more officers, went to Smithfield on Friday, and we saw nothing that appeared to us like the ass. On Friday night I saw Bull going by my door, I had some conversation with him. Q. What sort of a character does Bull bear? - A hard working man; I recovered a gentleman his horse that he saw in a public house, that made me apply to him. I told him then I knew a gentleman that had lost a whitish ass, very big with soal, and a spring halt; but I did not know what that spring halt was; I told him if he could recover it me I would give him a guinea; he left me and I went to bed, there was somebody knocked at the door, my maid went to the door, it was Bull, Mr. Armstrong he says, I am come to surrender myself up, I have sold the ass to George Brace , afterwards I and Mr. Harper and Bull, went to where the prisoner was in bed. I went were I was informed by Bull, Bull being present, and Mr. Harper. I then says, George, you must get up, I said, I am come to take you, for that ass that you employed Bull to sell. I found him at a lodging house in Kingsland-road, in bed with his wife; he said, he employed him to sell it, and he said, he bought it of a man about nine miles from London. I asked him how long he had had it? he said, he had bought it the Saturday before. I asked him if he should know that man? he said, he did not know but he might; he said, he brought it of that man for eight shillings and six-pence, he bought it on Edmonton-road, about nine miles from London. I asked him if he bought it the Saturday before where he kept it; hearing by the hand bill it was only lost on Thursday; he said, he turned it out on the Common. Mr. Harper took both the prisoners and put them in our watch-house, and we went to Mr. Stone's house, I told him I had a little business with him concerning an ass he bought; he told the boy to drive it out, and it was delivered to us, and it was identified by the witnesses at our office. Prisoner. I bottom chairs about the country, and I buy horse hair, and rags, and a few odds and ends, to get my bread by; and I met a man with this ass, and he asked me if I wanted one? and I told him I could not spare the money; he asked me twelve shillings for it, and I bought it for eight shillings and six-pence in the road. I have known this man, Mr. Bull, above these twenty years, and I went to him and told him I wanted to sell it, and he said he would go and sell it, and take the ass on his own hands, and nobody should know it was mine, and he had three shillings for felling of it. Q. How came Bull by it? - I carried it to Bull and asked him to put it in his stable, and he told me he could help me to a customer; and he told Mr. Stone it was his own property, and that nobody had any thing to do with it. I have not a friend in the world. GUILTY . (Aged 76.) Publickly whipped . Tried by the second Middlesex Jury before Mr. RECORDER. 201. JAMES EVANS was indicted for stealing on the 19th of January , a cloth-coat, value 8s. a callico waistcoat, value 1s. a leather apron, value 6d. the goods of William Lester . WILLIAM LESTER sworn. I live with Mr. Braithwaite, New Cavendish-street, Portland-street . I lost my clothes the 19th of January; I lost a coat, waistcoat and leather apron, they were taken from the laundry of Mr. Braithwaite. Q. What time of the day was this? - Half past ten in the morning, the prisoner was there at the time, it was just at the time we were going to church, on Sunday, he came into the area gate, and down the steps, and opened the door, he was quite a stranger. Q. Did you see him come down? - No. Q. How do you know he was there at all - I was called to assist in securing of him, while he was in the house. Q. Did you find him in the laundry? - Yes. Q. What was become of your clothes when you went down to the laundry? - The laundry is below stairs, they were then laying on the floor. Q. Where were they before? - On the pegs, where they usually hang; I have got the clothes here, they are mine. THOMAS HAMMOND sworn. The prisoner came down the stairs, I did not see him, I heard him open the door and go into the laundry, I came out of my own room when I heard the area door open, coming along seeing the area door open, I looked into the laundry and there I saw the prisoner with the clothes on him, he had them first under his great coat, and when he saw me he slung them on the floor. These are the clothes. Prisoner. I had been to Hammersmith that morning, as I was there, I got rather intoxicated with liquor, and coming home I met with a gentleman's servant, and he asked me if I would call in this street and enquire for one Mr. Edward's, a Butler, and I suppose I made a mistake of the place, and accordingly that gentleman came down and took me, and sent for a constable and searched me, and they found nothing at all about me; accordingly after that they took me to the watch-house, and they asked them whether they had lost any thing, and they said no; accordingly the constable of the watch-house said, they had better go home and see, but before that they said, they had lost some things at a time back, and that they would make me pay for the whole, and they went back and brought this bundle. GUILTY . (Aged 18.) Judgment respited. Tried by the Second Middlesex Jury before Mr. Justice BULLER. 202. CHARLES WILBRAHAM was indicted for stealing, on the 8th of February , two wooden window shutters, value 2s. a window containing ten panes of glass with lead and iron, value 6d. two wooden doors, value 5s. an iron casement, value 6d. belonging to Thomas Chambers , Isaac Jenkinson and Samuel Raynes , affixed to a building of theirs . THOMAS CHAMBERS sworn. I live in St. George's-place, in the East, my partners are Samuel Raynes and Isaac Jenkinson, they are not of the same trade, we are partners in an estate, the building belongs to us three. Last Sunday morning was a week, George Davis, our carpenter, came to my house, and told me that there were two of our houses were broke open by the window shutters, the windows were fastened to the building; there was a casement taken away, but that we did not find, it was a casement fixed to the building, of lead and iron. Not GUILTY . Tried by the Second Middlesex Jury before Mr. Baron THOMPSON . 203. DENNIS MAHONY was indicted for stealing, on the 6th of February , a cotton gown unmade, value 15s. a cotton gown, value 15s. two yards of linen cloth, value 2s. two muslin handkerchiefs, value 3s. a linen apron, value 1s. 6d. a muslin apron, value 2s. a cotton half handkerchief, value 6d. the goods of Elizabeth Beecroft , widow , and a damask table cloth, value 15s. the goods of John Wright , in the dwelling house of the said John Wright , and CATHARINE HARRINGTON was indicted for feloniously receiving the goods, knowing them to have been stolen . ELIZABETH BEECROFT sworn. I am a widow, I live at Mr. John Wright 's, in Stanhope-street, Clare-market , I am a servant there. Q. When was it you lost these things? - I missed them on the 6th of February, at seven o'clock in the evening, two gowns were unmade, and one finished, I was making of them; two aprons, one cloth one, and one check muslin; two check muslin handkerchiefs, one blue and white cotton handkerchief, two yards of irish cloth. Q. Where were these things missing from? - Out of my master's drawers, in the kitchen. Q. What day did you miss them? - Thursday, the 6th of February. Q. When had you seen them in these drawers before? - On Tuesday evening, I was at work on my gown on Tuesday morning. Q. Where did you put your gown last? - I put my gown in the drawer on Tuesday evening, the gown that I was at work upon, not were the other things were, I had seen them safe before, in the morning; I did not look at the drawers afterwards; it was Thursday evening I missed them about seven o'clock. Q. Do you know any thing how they went away? - No, I cannot say. Q. Did you know any thing of the prisoner; Dennis Mahony? - He was a bricklayer's labourer at work in the kitchen, at the same time, he came there for the first time, on Tuesday morning; there was no lock on the drawers. Q. On your missing your things what did you do on Thursday? - I suspected the prisoner. Q. Do you know any thing of a table cloth belonging to your master? - That table cloth was in one of the drawers, but not in the drawer where my things were, it was a damask table cloth. As soon as my master came in, I told him, and he went in search of the prisoner; the prisoner was at work both on Tuesday, Wednesday, and Thursday about the house. Q. Was he apprehended at the house? - He was not apprehended that night, till Friday morning. Q. How soon did you see him again on Friday morning? - Not till be was apprehended, after he was apprehended I saw the things at Bow-stret, from the pawnbroker that carried them there, he is here. Q. How they came there you don't know of yourself? - I do not. Mr. Knowlys. The prisoner continued working all the Wednesday and Thursday? - Yes. Q. I believe he was taken up on Friday at your master's house? - Yes. Q. He was coming again to work? - He was. Q. Therefore he never left your master's house, except the usual time of leaving work? - No. Q. I believe he told you very readily where he lodged? - Yes. Q. How many persons were there employed about this house, except himself? - There were two bricklayers that came to take the range down in the kitchen, where the things were, they took it down and left him to clear the rubbish. Q. They were in the same part of the house that the prisoner worked in? - They were so certainly, I was in the kitchen at the time that the bricklayers were there. Q. What day were they there? - Tuesday, not after. Court. What employment was there for the prisoner there on Wednesday, Thursday and Friday? - Clearing the rubbish away out of the front kitchen, and back kitchen; the clearing away took Wednesday and Thursday, but what the bricklayers did, was done on Tuesday, and on Tuesday evening at twelve o'clock, I was at work on my gown. Jury. There was no other labourer assisted in taking the rubbish away? - No, only him. CHARLOTTE WRIGHT sworn. I am the wife of Mr. John Wright ; there was a damask table cloth taken away, my property, from the drawer, I see it there on Tuesday morning after breakfast, the 7th of February I left it in the drawer in the kitchen, I did not see it afterwards. ROBERT BERRISFORD sworn. I am a constable. On Thursday the 6th of February, Mr. Wright came to me, and told me that his girl had some clothes stole, and that they suspected the prisoner, I went up that night into Coal yard, Drury-lane. but did not find him that night, I got up the next morning, and went again after him, in Silver-street, Golden-square, and did not find him, I went down after that to Mr. Wright's house, and I found him down in the kitchen, mixing up mortar with the shovel; and I took the shovel out of his hand, and secured him, and took him up into Bow-street, then I left him in the care of a man, and I and Mr. Miller went up to No. 6, Barley-court, Coal-yard, to the house, that the woman that he lives with, has the ground floor. Q. Was that where you went the night before? - No, I went to the George before, the corner of the court. When we came there the woman was not at home, we stopped, and the woman came home; it was Catharine Harrington , the prisoner; Miller laid hold of the woman and searched the prisoner, while I searched the room, I see him search the woman, and I see him bring a half shawl out of her pocket, and a parcel of duplicates; I took her also to Bow-street, and then examined the man, and in his right hand breeches pocket, there was fourteen shillings and ten pence halfpenny, and a skain of thread that was in the place where the girl's gowns were, the woman told the magistrate that she bought the shawl of a woman in the street, it was taken down in writing. Mr. Knowlys. You had been enquiring in his neighbourhood after him? - Yes. Q. The night before? - Yes, but I did not tell any body what I wanted him for. Court. You asked at the public house? - It was so. Mr. Knowlys. And of other neighbours where Mahoney lived? - I did. Q.And he came to work the next morning the same as usual? - Not at six, not till half past nine. I have one remark to make, he was not at work at the same house, but another house of Mr. Wright's, a new house in Silver-street, Golden-square. Q.Then though he did not come to this house of Mr. Wright's, he was were Mr. Wright could find him? - Yes. JOHN MILLER sworn. On Friday morning, the 7th of February, I and Berrisford went in search of the prisoner Mahoney, we did not find him. I went home, about half an hour after I got home, Berrisford sent for me that he had got the man, the prisoner at the bar, in custody. I went up to Silver-street, Golden-square, where he was to go to work that morning at six o'clock, I found he had got the prisoner at the Brown Bear , Covent Garden, I went there and asked the prisoner where he lived? he said, No. 6, Barley Court, Coal-yard, Drury lane, at the one pair of stairs; I went there, there was no such person lodged in the one pair, the woman that belonged to the house said, there was a widow woman lived in the parlour, but no man that she knowed of, while I was talking with this woman of the house, the woman, the prisoner at the bar, was coming up the court, she said, she lived in the parlour, I desired her to open the door, and after I got into the parlour, I searched her, and on her I found this half handkerchief and some pieces of a gown, the pieces of the gown are here, and four duplicates of articles that were pawned, and two shillings, that was all I took from her. Q. Did you go any where in consequence of these duplicates? - Yes, I did, and the pawnbrokers, Elisha Ray and Thomas Lamb produced, before the magistrate, the things that they had taken in pledge, answerable to these duplicates. ELISHA RAY sworn. I am a pawnbroker, I live in New-street, Covent Garden, I produce two gowns, a table Cloth, two yards of irish linen, and two handkerchiefs. I got them from the prisoner Harrington on the 5th and 6th Days of February, she came with the table cloth, the apron, and the two handkerchiefs first to pledge them, I knew the woman, she had pledged things with me before. I lent her half a guinea on them, she came the next day and pawned the two gowns and two yards of irish linen, one gown is unmade; I lent on those one pound four shillings. I did not ask her any questions knowing her, she pledged them in the name of Mary Harrington . Mr. Miller came afterwards with the duplicates. THOMAS LAMB sworn. I am servant to Mr. Lane, a pawnbroker in Holborn. I produce an apron, I took it in of the prisoner Harrington, on Friday the seventh of February, I knew her about a month before she dealt with us, she came to pawn it in the morning between eight and nine o'clock, there is an handkerchief chat she pledged at the same time she pledged them both together for three shillings; but the prosecutor cannot swear to the handkerchief. Q. Did you ask her any questions? - No, I did not, as the woman was a well dressed woman. Mr. Knowlys. What name were they pledged in? - Catharine Harrington. Elizabeth Beecrost . This is my cloth apron, this is the one that I lost, I know it by the darnings, I darned them at the corners, I know them both. This is a gown that I was making, this is a piece that was with it, near a yard; this is the made gown, I washed it out in the rough for the purpose of using it. I know the table cloth, there is no mark but several stains about it, that I know it by. I know the apron (produced by Lamb) by the small joining that is at the top, and a little bit set in very near the bottom; I know the handkerchief also by the scratch in the part that pins behind. Mrs. Wright. This is my table cloth, I know it by the pattern. Mr. Knowlys. What is the christian name of your husband? - John. Court to Mrs. Beecrost. Do you know any thing of that half shawl produced by Muslin? - Yes, I do, when taken it was clean. Court to Berrisford. You said that you found on the prisoner, Mahony, when you searched him, a skain of thread; have you got that skain of thread here? - Yes. Mrs. Beecrost. There was thread with the gown like this that I was making. Q. Was there more than one skain? - No, there was no more, and it was this colour. Q. Is it cut? - Yes, the thread was lapped up altogether in the gown. There are the pieces that I cut off the gown that were lapped up with the gown. Prisoner Mahony. I don't know any thing of the matter. Prisoner Harrington. Honoured gentlemen, I have lived a widow in credit and honour these seven years in one street, which can be testified by all the neighbours who can appear for my character; and I had my husband sick some time before he died. This man, on whose account I was taken up, has been on terms of marriage some time past; he told me that he had been married before, and that the clothes he brought me were his first wife's. I pawned these things in my own name, and gave him the money, not thinking of the trouble that was to follow. If I had thought they were got by any way dishonest I would not have pawned them with the pawnbrokers, whom I have dealt with for these number of years. Neither would I have allowed them to be brought into my place, as it is well known I work for my living in hard and honest labour. Therefore I hope you will take my case into consideration, as it would be hard for me and my children to suffer innocently. I never was in prison before, and trust, if ever I get out again, I never shall be in again. Prisoner Mabony. I can produce witnesses that I was never married before, I never was married in my life. The prisoner Harrington called four witnesses, who gave her a very good character. Dennis Mahony . GUILTY, Of stealing to the value of 39s . (Aged 21.) Judgment respited. Catharine Harrington. Not GUILTY . Tried by the Second Middlesex Jury before Mr. Earon THOMPSON. 204. WILLIAM BRATT , otherwise BRETT , was indicted for forging on the 10th of January , a certain paper writing, partly printed and partly written, with the name of Henry Mear thereto subscribed, purporting to be a promissory note for five guineas, with intention to defraud Taylor , Lloyd , Bowman and Co . Indicted in a second COUNT with uttering the above note as true, knowing it to be forged. In a third and fourth COUNTS, with forging and uttering the same, with intention to defraud Michael Hayman and Elizabeth Rickson . MICHAEL HAYMAN sworn. I keep a Hosiers and Haberdashers shop , No. 40. Goudge-street, Tottenham-court-road . On Friday the 10th of January, the prisoner at the bar, came to our shop, and he asked to look at a muff, at about a guinea or twenty-five shillings, he pitched on one, and then he asked for a tippet, and he agreed for both for forty shillings; while I was making out the bill, he threw me down this bill that I have in my hand, the moment I looked at it I considered it as a bill on Messrs. Taylor and Lloyd, that was money every hour of the day to give to me, a stranger, I had suspicion, I said, I did not know that I had so much cash in the house, I told him I would go out and try to get change; he thought I went out to get change, but in fact I went to bring in some neighbours, and I consulted Mr. Phillips, and asked him what his opinion was on this bill. I returned and I asked him how he came by the bill? he gave no answer. I then asked him who he was? he then told me that if I would go along with him he would shew me, but that I did not think it quite safe to do, and so I had him taken up on suspicion, and I have since been at the gentleman's No. 60, in Lombard-street, and made an enquiry, and they said, it was a false note. Q. Did you demand the money on it? - Yes. Q. Was you paid? - I was not. JOHN WRENCHLY sworn. I am a clerk to Taylor and Co. Court to Hayman. Have you any partner? - Yes, Elizabeth Rickson , she is a single woman. Wrenchly. I am clerk to John Taylor , Samuel Lloyd, William Bowman , Osgood Andrews, John Hanbury and William Bowman the younger, Bankers, in Lombard-street, I know nothing more about it than that we have no such connection as the assignment of that bill, nor ever had, we don't know the name. Q. With what part of the kingdom do you principally correspond? Many parts, but not at Plymouth, where that bill is asssigned from. Court to Hayman. Have you made any enquiry at Plymouth? - I had not parted with the goods, and I enquired at the Bankers, and they did not know such people. Not GUILTY . Tried by the Second Middlesex Jury before Mr. Justice BULLER. 205. HENRY BRATT otherwise BRETT , was indicted for forging, on the 27th of December a paper writing with Henry Mear there to subscribed, purporting to be a promissory note for five guineas, with intention to defraud Messrs . Taylor and Co . Indicted in a second COUNT, with uttering the same as true, knowing it to be forged. In a third and fourth COUNTS, for forging and uttering the same with intention to defraud Floriman Goddard . FLORIMAN GODDARD sworn. The prisoner at the bar came to my shop to buy some silver spoons, the 27th of December, Friday, he agreed for the spoons, and looked at two more silver articles, he then begged a bill, the three articles came to two pounds three shillings, but he desired the abatement of the one shilling, which we did; then he presented this bill for payment. At the first moment I took it for a Bank note, but on looking at it I saw it was a bill payable at Taylor and Lloyd's. I asked him to endorse it; when I gave him the pen I discovered something of a sluttering in the man, he attempted to write and he could not; he turned about the note and began at the other corner, he could not write there; and then I addressed him, I said I would give him a book to write upon, he then in an awkward manner writ his name on the note; I gave him the change in three guineas, and the spoons; I thought there was something suspicious, I slipped on my hat very artful, and I followed him and kept him in my eye till he came to Soho-square, there he joined a very suspicious young man, I then came up to him and touched him by the shoulder, and told him he must come back with me, that he had given me a forged note; he seemed very much surprised, and asked me how I knew it, and where I had been to know it? he came back very quiet, I begged him to give me my money and spoons, and I give him the note again; but when he had got the note he said, I knew very little about notes, for it was a good note; we exchanged two or three words and I said, will you let me look at it again, he did, and then I said, he should go along with me, there was a carriage then came up to the door, and while I put my head into the door he slipped away, and he was taken about a fortnight after. Hayman. I know that there are two Banks at Plymouth, but I know there is no Bank there of the name of Henry Mear; I was there in the year eighty-eight, but I have not been there since. Q. Have you been to Plymouth in the course of the last year? - No. Not GUILTY . Tried by the second Middlesex Jury before Mr. Justice BULLER. 206. MARTHA BUTLER was indicted for stealing, on the 20th of January , a cotton cloak, value 10s. a cotton shawl, value 2s. a muslin apron, value 1s. a dimity petticoat, value 1s. a linen sheet, value 1s. a muslin handkerchief, value 6d. two linen caps, value 6d. a pair of cotton stockings, value 1s. a child's cotton skirt, value 6d. a linen towel, value 3d. a linen bed gown, value 2s. three pieces of silk lining, value 3d. a pocket handkerchief, value 1d. a child's linen before cloth, value 4d. and a night cap, value 1d. the goods of Henry Parsons . JANE PARSONS sworn. I am the wife of Henry Parsons ; I am in Gray's Inn-lane, at the work-house. I am a soldier 's wife, I came from the Cove of Cork. When I lost my wearing apparel, I was at Mr. Fisher's, at the Wolf, in Gray's Inn-lane , it was three weeks ago last Wednesday; my husband is gone abroad, I had two bundles with me, and I was going home to my friends in Deerham, in Norfolk, I was going by a waggon, the gentlemen got me the waggon. Q. How long had you been at the Wolf? - I went at eleven o'clock and I came away before one, there were two women with me, and I went out along with them to seek a lodging, about half after twelve o'clock. Q. What became of your bundle? - I left them, I asked the landlady whether I might leave them there till I came back again. Q. Where did you put them before you went away? - I left them in the taproom; in a little corner where they keep their pots to dry, I laid them there, and she told me they would be safe till I came back again, then I was gone about an hour and a half, while I was out one of my companions said, she would go to her mother-in-law, and the other said, she would go to her father's, and left me; a gentleman saw me in the street very distressed and he gave me six-pence, and I gave it to somebody in the street to shew me the way back again, this was just before dark. Q. What was you doing from this time, from half past twelve? - I could not find my way back, they went to see for lodgings with me. Q. Did you get any lodgings? - No, we did not. Q. Was you shewn back at last to this house? - Yes. Q. What time did you get back again? - Just as it was going to be dark. Q.What then? - I then asked for my bundle and they told me that the women that was with me, one of them had taken them away. Q. Where did you meet with these companions of your's? - In Cork, at the General's, he paid their passage to come over; it was the prisoner said she would go to her mother-in-law. Q. Did you know where her mother-in-law lived? - No. Q. Did you enquire? - No. Q. Did you ever see your bundles again? - No. Q. Did you ever see any thing that was contained in your bundles? - I believe it is a fortnight ago to day since I found the things, and a fortnight ago yesterday since I saw the woman, she came to the committee, in Gray's Inn-lane, for relief. Q. Was you present when she came there? - No. Q. Did you see her at the committee afterwards? - I saw her at the time, I came down and asked the committee leave to let me stop another day, because my child was dying, and I saw her there, she was going in, and the mistress came out, and I took hold of the mistress's apron, and I said, Madam, that is the woman that had my clothes. Q. Did the prisoner hear you say so? - No. Before I got in to the committee she was out at the back door and ran away. Q. Did you see her run away? - No, I did not; Mr. Norris went after her. Q. When did you see her again? - On the Saturday, we went to the Justice's, and I saw some of my clothes; I saw a shawl and apron on her the same day that she was taken; the shawl was cut in two, it was whole when she had it, but I have got only half. Q. Did you see any more of your things? - Yes, at the pawnbroker's. Q. Did you go to the pawnbroker's? - Yes, on the same Saturday that she was before the justics, I found these, I found three gowns and a white petticoat, part of what I had lost; I found them at her lodgings on Saffron-hill, I think it was No. 10, the woman of the house shew us up into the lodgings where her child lay, I knew it was her child that she brought with her, I found a sheet there with my husband's name on it. Q. Did you find all the things you lost? - No, I found a bed gown and handkerchief in the same place, and three pieces of my black silk cloak, it was whole when it was lost, I found three caps and a shirt of my child's, and a pair of cotton stockings, they were all brought by the pawnbroker, he is here. Q. Is there any body here of the house? - Yes, the little boy who delivered the bundle. WILLIAM FISHER sworn. I live at the Wolf, in Gray's Inn-lane. Q. Do you remember Jane Parsons , the prosecutor, and any other women coming to your house? - Yes, there was Jane Parsons and two more, I think it was about the 7th of this month, I know Martha Butler was one of them. Q. Do you remember their going out and leaving any thing behind? - There were two bundles of clothes left, they were put in a sink in the taproom. Q. Did you see any of these women again? - Yes, there was one of them came and asked for the things, she came between three and four o'clock. Q. What did she say? - I am come for them things if you please; and says I, they are there as you left them, and she took them away. Jury. Was there only two bundles left in the house? - No. Court to Parsons. Had the other women left any bundle? - No, they had no bundles, they brought none at all with them. WILLIAM WAKEFIELD sworn. I am a pawnbroker, in London-wall, No. 70. On the 29th of January, I took in a gown and petticoat, I believe of the prisoner at the bar, but I cannot positively swear to her, because I never saw her before, the gown for ten shillings and the petticoat for three shillings and sixpence, pledged in the name of Martha Taylor . Court to Jane Parsons . How came you to know her by the name of Martha Butler ? - The gentleman put her down Martha Butler. Q.What name did she go by on the journey? - Davis. ROBERT NORRIS sworn. I am a beadle of St. Andrew's parish. On the 7th of this present month, the prisoner Martha Buder , came to St Andrew's workhouse for her pension, which the parish allows her for the maintenance of her child, she had been absent some time, but she was a pensioner on the parish some time past; the prosecutor, Jane Parsons , seeing of the prisoner, says, that is the woman that has got my things; I had took in this Jane Parsons into the workhouse through this. I was ordered to pursue the woman, she walked at first very quiet, but when she got through the garden she ran as fast as ever she could. Q. Had she seen Jane Parsons before she went out? - She had. Q. What did you do? - I pursued her as fast as I could, I overtook her at the corner of Gray's Inn-lane, I brought her back to the workhouse, and I was ordered to search her pockets, which I did, and in her pocket I found a box of duplicates, which I have got now in my possession, the next morning I was ordered to go to this gentleman's in London-wall, and to a pawnbroker's on Snowhill; (I had found Wakefield's duplicates on her; there I found a gown and a dimity petticoat, the other things that were produced were produced on Snowhill, the woman has got them now in her possession, we heard of things at three different pawnbrokers, there were some trifling things at Whitecross-street, that pawnbroker is not here. Q.Did not you go to the lodgings of the prisoner? - Yes; I went to the pawnbrokers with the prisoner, coming home I went to her lodgings, No. 10, Saffron-street, the prisoner had a child there at that time, I knew it was the prisoner's child, I says to Mrs. Parsons, you will follow me up stairs as close as you can, we went up stairs, when we got in the prosecutor looked about and she found every thing that is contained in this bill; as specified in the indictment. Mrs. Parsons. This green petticoat is mine, here is a sheet found at her lodgings with my husband's name on it, here is a bed gown, a child's skirt, an handkerchief, a piece of my cloak, my caps, all my own. Prisoner. When we three women came into London, this woman said that she wanted to be passed home, and she wanted to know where she might go to my Lord Mayor to be passed home, I told her I was a pensioner in such a parish, I had eighteen-pence a week allowed me for a child, and it was a casualty parish, that they did pass people to their own parishes, and we went into this public house, because the committee did not sit that day, and the other woman and me prepared to get a lodging, and I asked this woman to stay there till we came back? but she would not; the left her bundles and went with us; the other woman when we were out, said, she would go to her father's, and I said, I would go to my sister-in-law's, No. 5, Lilly-street, Saffron-hill, when we could not get lodgings I persuaded her to go with me, whether I went to my sister's or whatever lodgings I got, and this here woman parted with us, and the other went with me to my sister-in-law's and she staid there a little while, and she went to the Borough and she took me to the Borough with her, and she told me she was going to her father's, but this was not her father's, and she left me, and afterwards came to me and told me that these things were her own, and she said she would come and live along me, but she would go first to see whether her father would take her in or not, and she left these things in my lodgings. Court to Fisher. Are you sure that is the woman that came for the bundle? - I did not see the other woman, only this one. Court to Norris. Shew Mrs. Parsons the apron and shawl that she had on her. Mrs. Parsons. These are mine, and part of the property I lost. GUILTY . (Aged 22.) Imprisoned twelve months in the House of Correction and fined 1s . Tried by the first Middlesex Jury before Mr. Baron THOMSON . 207. EDWARD JOHNSON was indicted for stealing, on the 19th of January , a cloth coat, value 1l. and a pair of corderoy breeches, value 8s. the goods of William Bellingham . WILLIAM BELLINGHAM sworn. On the 19th of January I lost a pair of corderoy breeches and a coat, the coat was taken out of the counting house of Mr. Cooling's, in Moorfields , I lay there, it was taken away between the hours of five and six, to the best of my knowledge, I saw it at four o'clock in the afternoon. I hung it up, in about an hour and a half after I was going to put it on, and it was gone; it was found in the evening at a public house, I saw it before it was taken away from the house, the Black Horse, in the Curtain road, I saw it there on the Tuesday morning, the 21st of January, the servant maid shewed it to me, Elizabeth Beale , how it came there I do not know, it was my coat, John Ray , the police officer, has got it here now. JOHN RAY sworn. I found this coat at Mr. Tomlinson's the Wednesday following, the Black Horse, in Curtain-road, and I have had it ever since. Q. Do you know any thing of the prisoner? No, I do not. Bellingham. This is my coat. - COOLING sworn. I saw the prisoner near my father's stable, he went through the ground to the Tenter Ground, behind the stable, he had a bundle under his arm, which I saw the slap of a coat hanging out, which when I heard that William Bellingham had lost a coat, I thought that he was the man that had taken it. Then I informed Bellingham of what I had seen. Q. Did you know the man? - Yes, the prisoner is the man. JAMES BUTTERWORTH sworn. I make my board at the Black Horse, in Curtain-road. On Sunday evening the prisoner came with this coat, and he asked me to take care of it for him; I told him I had no conveniency, he had better leave it in care of the house, but he delivered it into my hands, the same time I delivered it to the servant maid of the house, and she put it somewhere; this passed on, on Monday evening I heard that there was a coat lost, and it struck me that this was the coat, and I went and told the hostler. ELIZABETH BEALE sworn. I know no further than I took the coat of James Butterworth , this is the same coat, but I never took any notice of it till Mr. Cooling's man came for it on Tuesday morning; I put it into a small room adjoining to the kitchen, and it remained there till Tuesday morning. Prisoner. I did not know any thing about the coat when they accused me of it. On Monday morning I was very much intoxicated with liquor, I had worn the hostler's coats before many times, they found the coat after I was in prison. I came out of Cambridgeshire to go to work. Court to Cooling. What do you know of this man? - He was only with us about three months. I know nothing farther of the man, he came to attend the bait horses, and get them ready to go out at the call. I know nothing of the man, I knew nothing against him. GUILTY . (Aged 35.) Imprisoned three months in Newgate , Publickly Whipped . Tried by the Second Middlesex Jury before Mr. Justice BULLER. 208. EDWARD PARRY was indicted for stealing on the 13th of January , one hundred and forty-six wine glasses, value 1l. twenty-four pint goblets, value 1l. 4s. twenty-four glass gill tumblers, value 3s. the goods of Edward Slater . Indicted in the second COUNT of stealing the things, laying them to be the property of Edward Slater and Moffat Horne . (The witness examined separate.) EDWARD SLATER sworn. Q. What is your business? - Glass manufacturer . Q. Have you any partner? - Moffatt Horne . I received information in the latter end of last December, that I had been robbed. On the seventh of January last, John Horne , one of the witness, came and informed me that he supposed Hampton and Parry were going to work, he was my warehouseman . I desired him to watch and see who took any goods away that evening, they were taken that day, the next day I went into the warehouse as soon as it was open, it was then scarcely seven in the morning, almost dark, I there discerned Parry putting something into a basket, I asked him if he had seen Mossatt Horne that morning, as I particularly wanted him to give me the key of the writing room; he said, he had not seen him, he believed he was not stirring, I then took a turn across the yard and returned, when I desired him to call Mossatt Horne and ring his bell; while he was gone, I stepped into the back part of the warehouse, so that I could get my eye between the window and him, that I might discern what he was doing. Parry went out and in less than a minute returned again, I then could plainly see that he was packing the wine glasses into a basket, Parry did not long remain packing, he went to the opposite end of the warehouse towards the counting house; I then whipped out of doors unperceived, satisfied of what he was doing. I took no further notice of this transaction until it was fairly day-light, when I communicated it to my partner, and the evidence John Horne , that I had seen Parry packing in a basket like Hampton's basket, and desired him to examine the contents of that basket with some difficulty he found the basket secreted in the warehouse, and he called me to see it. I took no farther notice of it then, I desired John Horne to watch to see who took away that basket. Prisoner's Counsel. How many years had this man been your warehouse man? - Fifteen years. He had been my wife's warehouseman twenty-five, years. Q. I believe at that time he was employed to fell in the warehouse? - He was employed as a packer in the warehouse, I had such confidence in him that I admitted him to do any thing. Q. You have mentioned the name of Hampton, I ask you whether Hampton had not been a considerable dealer in the house with you? - He had been a dealer; the goods in this basket were entered on the state that very day to Hampton. Court. Were they entered on the state previous to the time you saw them packed? - They were not, but they were in the course of the day, because in the afternoon I went to see if the glass had been taken from the warehouse, and to see whether there was any entry to Hampton and there was. Q. I want to know whether you have any reason for supposing the entry was made on the slate before or after the packing? - I should suppose it was after, because it was so dark he could not have wrote so plain. This packing was in the morning early, it was before it was quite light. This slate is merely a memorandum book of the warehouseman's, and afterwards the order is taken into the order book, and when this man packs the goods he keeps down each separate goods on this slate, and when he has so done, he takes it to the clerk, and he puts them in the day book, and he there has a bill of parcels made. Q. It is then the regular custom of the house, that they should be put down on the slate till they are packed up? - It is. These goods remained on the slate towards the evening, but were never on the day book or order book, and no bill of parcels was given. Q. When was the hamper carried away? - I cannot speak to that; it was taken away somewhere about noon day. I took every care in the world that there should be no suspicion that I had any suspicion. MOFFATT HORNE sworn. I am the partner with the other witness. On the 7th of January about seven in the evening, I and Mr. Slater went into the warehouse after it was locked, about eight in the evening, it was after the warehouse was shut; we shut up at seven; and there I perceived Hampton's basket, with one of ours by the side of it filled, they were left there till the morning, in the morning we perceived Hampton's glasses filled with those glasses. I saw it filled just before seven, it was hid behind the prickles in a corner of the warehouse; our intention was to see who took this basket away, afterwards I was sent for over to the glass-house, where I saw Hampton, and I mentioned to my brother to be particular to see who took that basket away, but he was obliged to go up stairs to look out some glasses with a gentleman, in the interim the basket went away, it was Hampton's basket that I saw filled, I saw wine glasses at the top. JOHN HORNE sworn. On the 7th instant, by desire of Mr. Slater I watched Mr. Hampton and Mr. Parry; I saw a basket like that described in the letter, in the hands of Mr. Parry, about six o'clock in the evening, as near as I can recollect, I saw it through the window, laying on the counter. On my going into the house, while I was going in it disapeared, it was thrown aside, Parry was in the warehouse. Q. Did you see it any where else? - No, I did not, I went and acquainted Mr. Slater of it, and Hampton went away, Hampton was in the house, I saw him there; on the following day, in the morning, I saw him go into the glass house again, and on my going into the warehouse, I saw a basket like that described in the letter, stand behind some prickles, it was apparently packed with goods, I did not look into it, I was called up to attend a gentleman in one of the upper warehouses; on my coming down again the basket was gone, and Mr. Hampton was gone from the glass house, I then looked on the slate, and I saw some goods entered to Hampton, six dozen wine glasses, twenty-four goblets, and twenty-four tumolers. Q.Whose entering did it appear to be? - Mr. Parry's. Q. Has the basket ever been seen since? - Not to my knowledge. Not GUILTY . Tried by the second Middlesex Jury before Mr. Baron THOMPSON . 209. THOMAS CRISP was indicted for feloniously breaking and entering the dwelling house of Josiah Simcoe , himself and others of his family being therein, about the hour of nine in the forenoon, on the 9th of February , and feloniously stealing therein, an iron horse pistol, value 5s. the goods of the said Josiah Simcoe . JOSIAH SIMCOE sworn. I live at No. 11, Osborne-street, near Ratcliff-highway, St. George's in the East , I have a house there, it was broke open on the 9th of February, about nine o'clock in the morning, there was some knocking at my door, and I went to see what was the matter, and Mr. Robins, a near neighbour, had a pistol in one hand, and asked me if I had lost it? he had the prisoner in the other. Q. Who was in the house at that time? - My wife, myself, and four or five children. Mr. Robins asked me if I had lost any thing? I told him I did not know that I had; he then asked me if that was my pistol? I turned into my front parlour and looked, and saw but one, and about ten minutes before there were two laying there, one was gone, and that was the pistol that Mr. Robins brought. We were then going to take the prisoner to the watch-house, and we met with an headborough, who took charge of him, and he was immediately conducted to the watch-house. Q. In what condition did you find your house? - He must have lifted up the fash. Q. Why do you think so? - I am sure it must be so, it lay within a foot of the fash window a few minutes before, the fash was put down again. Q.Was it shut or open ten minutes before? - Shut. Q. Was it fastened at all? - There was a brass screwed at the side of the window, so as to let in a little air, so that nobody could get in, it could be lifted up about four inches, and admit a person's hand, but nobody could get in. Q. In what situation was your outer door before that time? - It was shut. Q. How was it when you looked into your parlour ten minutes before? - It was shut then, I think they could not come in at the front door. JOSEPH ROBINS sworn. On Sunday morning I was going along Portland-street, and I saw a lad who crossed the street to me, and he said Mr. Robins, them two are after no good, says he, they have been trying to get in at that window several times, with that I looked myself, and saw them try two or three times; the prisoner was one of the two; with this I was going to Harrington-street, towards where this lad lived; I said, if you see any thing call to me, in a minute the boy called out to me, Mr. Robins, that man has taken something, and got it under his coat; I went up to him very leisurely; says I, my lad, you shall come along with me back to that house; what house? says he; says I, to carry what you have taken out of that window; the other walked off, as unconcerned as any thing in the world, I had no suspicion, only making the man take it back; I did not think to have the trouble I have had with it. Then he puts down from his hand a pistol; and I said don't put it down there, give it to me; I knocked at the door, and the gentleman came; I said, is this your's? says he, there were two of them, he looked into the parlour, and said, there was but one; when the prisoner got into the parlour, he downed on his knees, and was going to say something, but he stopped and did not, and we were going to take him down to the watch-house, but we met the beadle, and gave him into the beadle's hands. WILLIAM ANNIS sworn. On Sunday morning about nine o'clock, I was going to Captain Curling's for my pots, and I saw two men go two or three times to the window, I told Mr. Robins, he told me to stand by, and if they did any thing to call him, just as he turned, they took something out of the window, and I told him, and he went and catched hold of this man. Q. Did you see either of them open the window? - I saw this here one open the window, they were both together, I saw him take something, I could not tell what at that time. JOHN DUNBAR sworn. On the 9th of this month I was going along Ratcliff-highway, and I met these people with the prisoner, and I took him into custody, and the pistol, I have got it now. Prosecutor. This is my pistol, it is worth five shillings. Prisoner. On Sunday morning about nine o'clock, as I was coming from Wapping church, coming down Osborne-street, I saw this man go along with a pistol, and directly as I came to the top of the street, that gentleman, Mr. Robins came up to me, and took me back, and when I came back, near to this gentleman's house, Mr. Robins picked up this pistol, and said, I had no occasion to lay it down. GUILTY , Of breaking and entering, and of stealing, but under the value 1s. Transported for seven years . Tried by the second Middlesex Jury before Mr. Justice BULLER. 210. MARY MEADS otherwise WHITE was indicted for stealing, on the 3d of February , a metal watch, value 2l. 10s. the goods of Thomas Scarlet . THOMAS SCARLET sworn. I am a dealer in hams and tongues ; I lost a watch on the 10th or 14th of May last, it was seen on the 10th at night, I saw it myself, but as I did not wear it, I did not always wind it up, I did not miss it till Tuesday night, the 13th or 14th, I don't know which, we had some chimney sweepers coming the next morning after, the 13th or 14th in the morning, on the night before, I said, I will go and take my watch away from the counting house, I would take it up stairs, for fear the chimney sweepers coming in the morning, they should take it away from me; I went into the counting house, to take the watch in the dark, and I found it was gone, I made all the enquiry about the house, whether any body had taken it away from there, I could find no account of it at all, I heard of it on the 3d of February last, from Mrs. Holliday, some woman that knowed Mary Mead , or Mary White, the prisoner, and I found that the watch was pawned at Mrs. Nicholls's, at Shadwell. Q. When did you see your watch again? - I went to the office, and took a man along with me, and went to Mrs. Nicholl's, and desired to see the watch, the 3d of February. Nicholls is a pawnbroker, I described the watch, and a young man that is here, went and fetched it down; I had no ticket to enquire for it, it has been in Nicholls's hands ever since. JOSIAH LATIMER sworn. I received this watch the 14th of May last; I live with Mrs. Nicholls, I received it of a person that called herself Mary Mead . Q. Do you know her again? - No, I do not. After the watch had been in pawn sometime, a person of the name of Holliday came and wanted to have some more on the watch, and I refused to lend any more on it, that was not the time it was first pawned. ELIZABETH HOLLIDAY sworn. I know nothing about the watch, more than on Monday the 13th or 14th of May last, Mrs. Mead came into my house, and she drank a cup or two of tea, and she pulled the watch out of her bosom, and she said that she had it of a young man that owed her three pounds ten shillings, that he had put this watch into her hands, and that he was gone to sea, and that he was to redeem it when he came back, and that he left it her to pay herself with; and she went out, and when she came back, she said, that she had pawned it for twenty-five shillings, at Mrs. Nicholls, in Broad-Street, Lime-house; in the course of a week or a fortnight she gave me a ticket, and asked me to try to get five shillings more on it, which Mr. Latimer refused me, and I gave her the ticket again. HENRY HITCHCOCK sworn. I live at Mr. Scarlet's, my master and mistress were out on Sunday the 12th of May, and I let the prisoner in about five o'clock, between four and five, she has been there several times, she came there to see her sister, who was servant there, the counting house, where the watch was in, was inclosed up, it adjoins to the parlour, there is no occasion of being in that on a Sunday, but the bunch of keys that unlocked the cellar door, had the key of the counting house with it, and I left the keys in the cellar door. JOSEPH WEST sworn. I am a constable, I apprehended the girl. Prisoner. This here gentleman owes me a bit of spite, and I know nothing about it, I am a distressed young woman; I lived servant with Mr. Wood, an intimate friend of Mr. Scarlet's, and he would not pay me my wages, and I commenced an action against him, by my so doing, the said Mr. Wood hath prevailed on Mr. Scarlet to bring this prosecution against me, I am quite innocent of the crime laid to my charge; Mr. Scarlet and Mrs. Holliday, both said at the Justice's, that they did not believe that I stole the watch; Mrs. Holliday is also quite under the influence of Mr. Scarlet, and hath been ruled by him; I am totally distressed, I hope you will not see me lost, without inspecting into my cafe. Court to Scarlet. Did you ever say before the magistrate, or any other time, that you believed she did not steal the watch? - I did not. GUILTY . (Aged 22.) Imprisoned twelve months in the House of Correction and fined 1s . Tried by the second Middlesex Jury before Mr. Justice BULLER. 211. MARY PROSSER was indicted for stealing, on the 29th of January , a yard of-printed cotton, value 1s. 6d. and four yards of muslinet, value 2s. the goods of Josiah Craig . GEORGE BROWN sworn. I am a linen draper, and shopman to Mr. Craig, he is a linen draper . On the Wednesday the 19th of January, the prisoner came with two other women, between two and three in the afternoon, I see her lay her cloak on this musliner, and when she took her cloak up, she took up this muslinet with it, and put it in her pocket. Q. Where is your house? - 316, High Holborn . She was going away with it, I stopped her, and desired to look into her pockets; and she told me she had no pockets on; I desired her to put her cloak back, and I found she had pockets. Q. Where did you find it at last? - In her pockets; I found the muslinet in one pocket, and this piece of printed cotton in the other; her pockets were put back behind her shoulders, she had two long great pockets; I know the cotton by the pattern, and I know the muslinet by the shop mark; it is Mr. Craig's property. Prisoner. My sister and I went to this place, to buy a couple of muslin gowns, to the first thing that she bargained for, was a bit of muslin, and a bit of callico to make a petticoat, and she told me when she got change that she would buy them, and pay for them; on that account when I see her paying for the gowns, I took them up and put them into my pocket. Court to Brown. Did the sister pay for what she had? - Yes, and carried away what she paid for; I believe this to be a very old offender. The prisoner called five witnesses who gave her a character. GUILTY . Transported for seven years . Tried by the second Middlesex Jury before Mr. RECORDER. 212. THOMAS PARNELL was indicted for that he, on the 31st of January , feloniously, and without any lawful cause, was at large in the Kingdom of Great Britain, for which he was sentenced to be transported in February session, 1790 . JOHN OWEN sworn. I know the prisoner at the bar, I saw him at the bar in February session 1790; he received sentence to be transported; I am positive it is the same man. Afterwards he received a pardon, on condition of transporting himself; he was discharged the 27th of January 1791, having a month's liberty to go abroad. JOHN TOWNSEND sworn. I received information on Friday, the 31st of January last, that the prisoner was not abroad, but that he was in a public house drinking, and Jealous and I went and apprehended him. I found him at a public house facing the King's Mews, last January, this present year. Q. Where is this public house? - Facing the King's Mews, the Black Horse alehouse. Q. Did you take him into custody? - Jealous and I took him into custody; I looked in his face when I first saw him, and asked him his name; he gave a false name at first; he said his name was James, I knew enough of him to know his name was not James. Q. You took him in this place, that is Middlesex? - It is. Q.Was you present when he was tried? - No, I was not. (The record of his conviction read.) CHARLES JEALOUS sworn. I was with Townsend; he was apprehended in this public house; at the back parlour. Prisoner. My Lord and gentlemen of the jury; on or about the 23d or 24th of January last, I was at Dunkirk, and on account of the troublesome times there, me and two more Englishmen got into an open boat, and got off from Dunkirk, to see if we could get on board a ship going to America, or any other part; we got clear of the Roads, and with our night glasses we saw a vessel, and she appeared to be a smuggling vessel, going to Dover, she came up to us, and they took us up, and brought us to Dover; I made application there for any ship going to the Indies, but I could not procure any thing at Dover, I came up the next day, I applied at Lloyd's coffee house, and I could not find any thing there. At this time there is no such thing as an Englishman's living in Dunkirk, unless he will take up arms against the English nation; knowing the circumstances I laid under, in having received the humane mercy, I had received of my Sovereign, I never could dare to take up arms against my nation and my Sovereign; but they said that the English had forced the French in their towns that they took to take up arms against the French nation, therefore the English that lived in their towns against Flanders, should also take up arms to do the same; and if I had taken up arms, I should have deemed myself a rebel. As soon as Valenciennes was taken, there were three Englishmen were taken in the midst of the French, and were executed directly; there is another person who obtained a pardon with me, and at this time he takes a part in Dunkirk against the English. I have no witness, because I did not like to make my cafe known to the tradesmen that came over with me. I have further to say, that particularly after the attempt at Dunkirk they have been more sharp on the English than they were before. GUILTY . Death . (Aged 25.) Tried by the London Jury before Mr. RECORDER. 213. JAMES WAREHAM was indicted for stealing, on the 17th of February , a piece of linen cloth called irish, containing in length twenty-six yards, value 1l. the goods of George Seddon , the elder , Thomas Seddon , George Seddon , the younger , and Thomas Shackleton . THOMAS SHAKLETON sworn. My partners are George Seddon , senior, Thomas Seddon , and George Seddon, junior; we are cabinet-makers and upholsterers , in Aldersgate-street; I know nothing of the robbery. Mr. Knowlys. I wish to ask you whether you had a man that bore a better character in your house? - I never knew him bear a bad character before this. Q. Mr. Seddons gave him the same character before the Alderman? - I believe he did. GEORGE SMART sworn. I am one of Messrs. Seddons foremen, these articles are not in my department; I was going into a warehouse where these kind of goods are kept, on Monday evening last, on endeavouring to open the door, I felt the door press against me, I pushed the door with more force, and opened it, at the time the door opened, I heard something, I looked behind the door, and saw the prisoner at the bar stooping down behind the door; asked him what he did there? and what he had got there? he made me no answer, be thed stood up. Q. Was there light enough to see this? - I had a light; he then took up the piece of cloth, and carried it towards the opposite end of the room; there is a counter at the opposite end of the room, which is for the use of the room, in cutting out different kind of articles in the upholstery business. I followed him, thinking he would put the cloth on that counter, he passed the counter, and went up the other side of the room, towards the end where I first see him, he then came round, to nigh the same way that he went first. Q. What time might this be? - Between the hours of seven and eight; then he went down to the counter, and placed it on the counter, I followed him, took the piece of cloth up as he had put down; he then made a return towards the door that I came in at; I followed him part of the way, and seeing him go that way towards the door, I put it down on the counter again, where I had took it up from, he then came back, seemed very much agitated, and confessed he was very sorry for what he had done, he was very sorry for what I had catched him at; I saw him out of the room, double locked the door, and communicated the circumstance to Mr. Shackleton. Q. What was his business in the house? - A porter . Q. Had he any thing to do in that room? - Not at that time of night as I know of. After this Mr. Shackleton and Mr. Seddon's sons came up to the prisoner, Mr. Seddon's sons asked him if he had any accomplice? this was the first question Mr. Seddon asked him. Mr. Knowlys. Had Mr. Seddon told him it would be better for him to tell all the truth about it? - That I cannot recollect. Q. Will you swear that he did not? - It is not clear to me that he said it, but I will not take my oath that he did not. Q. Was that all that passed? - No, it was not. Q. How did the conversation begin - I nat was the first that I heard Mr. Seddon speak to him. Q. Did not he afterwards add that it would be better for him, if he would tell all that passed? - Not that I know of. Court. He asked if he had any accomplices, what did he say then? - He said he had not; he then asked him if he had taken any thing before, and pawned it? and begged that he would give the pawnbroker's name up; he declared he had not taken any thing, nor never pawned any thing, I believe them are the very words, Mr. Seddon desired me to go and fetch a constable, to go and search his apartment, and then I left him. Q. What was this piece? - It is a piece called irish. Q. Do you know it from that description? - I do not of my own knowledge. Mr. Knowlys. You say this room is not in your department? - The upholstry branch is not in my department. Q. You found him, you say, behind the door? - The door opened on him. Q. Now at that time where was this linen? - It was on the floor, close to his legs. Q. Now you cannot tell where that linen was before? - No, I cannot. Q. You have not the afforting of the linen, nor the disposing of it, the thing may get out of its place, or be mislaid, and you not know any thing about it? - It may. Q. Therefore where that piece was before, you cannot say? - Not of my own knowledge. ROBERT BENNET sworn. I am an upholsterer, I know nothing more than that the private mark of the outside cover is my hand writing. Court to Smart. What was done with that piece that you took from that room? - I put it into the constable's possession. THOMAS RUGGLES sworn. I am a constable, I produce a piece of linen, I received it out of the room by the hands of Mr. Smart and Mr. Shackleton. Sbackleton. I know it is our property. The prisoner called five witnesses who gave him a good character. Prisoner. I had a key to go in and out of every room in the house, between the hours of six in the morning and eight at night. Not GUILTY . Tried by the London Jury before Mr. RECORDER. 214. JAMES WEEDON and PETER MACGINNES were indicted for stealing on the 7th of February , three bushels of coals, value 3s. the goods of Thomas Wood , William Wood , James Richard Wood , Thomas Horne and Leonard Phillips . JAMES RICHARD WOOD sworn. My Partners are William Wood , Thomas Wood , Thomas Horne , and Leonard Phillips, we are lightermen . My foreman is here as a witness, I know nothing of the coals myself. JAMES HAMMELL sworn. I am foreman to Mr. Wood, and his Partners, they are lightermen. On the 7th of this month, I was in at the Waterman's Arms public house, at Shadwell Dock , a man came in and told me there were two men stealing of coals; I went out, when I went out I saw the prisoners at the bar, on board of the barge, the property of Messrs. Wood and Co. it was laying inside of the Shadwell Dock, inside of the Tier; the prisoners were on board of the lighter, the barge was there, it was laying along side of the Adamant, Captain Jackson, they were from the Adamant. Q. Had you been lately on board that barge? - I had quitted that barge about two hours, she was put along that ship which came from Newcastle, she was from the Port of Whitby, with coals. Q. Had any part been taken out of the Adamant into the barge? - Yes, they had. Q. When, that morning? - No, before; they had been to work a couple of days before, if not three, but I think only two days. Q. On this alarm being given you went out, how near was this Waterman's Arms to where the barge lay? - The Waterman's Arms is about twenty yards from the Adamant. When I came there I saw two men in the barge, and I observed him doing something, as I thought, it was filling the bags, it was between the hours of three and seven, it was the dusk of the evening; I waited on the stairs till the lad got another boat along side of the barge, there was a boat coming up the river, with a little boy in her of about thirteen or fourteen years of age, she went on long side of the barge, and I saw the prisoners at the bar. Q. Did you see whether they waited that boat, or called it? - I do not know, the two men when she came along side of the barge, they put three bags of sacks of coals in, I am sure they were half full, each of the bags. Q. Was there any thing on board the barge but coals? - No, only the Oars that we navigate with. Q. Were these bags put all at once, or one after another? - One after another. Then the waterman's, boy or whoever he was, took and shoved away from the barge, and was going up the river, the tide was going up; they shoved away about the distance of a hundred yards, as near as I can guess; these two men had got into the boat with the boy, the two men that I saw do this were the prisoners at the bar, then I and some more assistance took a boat from Shadwell Dock Stairs, where I was on shore, pursued them and secured their boat to ours, and lowed them down against the stream to Shadwell Dock Stairs, they had got down about one hundred yards from the barge when I stopped them. Q. What past when you came up to them? - I told them they had been robbing of the barge, of course I should take them before a magistrate; there was one of the men that was in the boat along with me took a crencher and knocked one of them over the arm, and I said, don't use the men like dogs, there is plenty of us to take them. When I came to Shadwell Dock Stairs, the people that I had with me took the bags to the public office at Shadwell, and secured the men, and took them there the same night. The bags were opened and examined at the public office, they contained coals; I don't suppose that the bags belonged to Mr. Wood at all. Q. You have not got them here? - No, it is not at all material because the identity could not be made out. Court. Do you know when you first saw the two men employed on board the barge in the way you have spoken of. It was impossible for you to know them at that distance? - I never lost sight of them, therefore I cannot be wrong. The boat contained no other persons, except the two prisoners and the boy, with the three bags of coals; the two prisoners are the men. Mr. Knowlys. This barge was laying close along this coal ship you say? - Yes. Q. These men are men who work in unloading this ship? - I don't know that they were particularly on board that ship, but they were employed in that way. I have been told that they were. Q. Did you happen to see the mate of the ship in company with them that evening? - The mate of the ship was on shore as the captain was on shore. Q. Did you see the mate of the ship in company with the two men on that day? - No, I did not. Q. Till the coals are delivered into the lighter they are not your master's property? - Not till they are turned over by the meter. Court. Is it your master's barge the coals were taken from? - It was. Mr. Knowlys. Is it not customary for people to give a small quantity of coals to people that load and unload these ships for their families? - I don't know that; some time back they might when men worked on different terms to what they do now. Q. You don't know how these men was working on board of that ship? - I did not know they were working on board that ship at all. Q. You could not get these bags out of the ship but by lowering them into the barge first? - In case that they were the men that had been employed in that ship they must have been gone two hours. That barge that was along side of that ship was detained to load that afternoon, in order to come into our wharf, but the rain prevented us from doing it, on that account we were obliged to leave many a barge half loaded; we cannot go on, because we durst not bring up any thing but what is full pay, if it wants a vat of coals we must not bring them up. Prisoner Weden. I leave it all to my counsel. Prisoner Macgennis. I leave it all to my counsel. The prisoner called two witnesses to his character. James Weedon , GUILTY . (Aged 37.) Peter Macgennis, GUILTY . (Aged 40.) Transported for seven years . Tried by the second Middlesex Jury before Mr. Baron THOMPSON. 215. JOSEPH CARELESS was indicted for stealing a cloth coat, value 6s. the goods of Joseph Smith . JOSEPH SMITH sworn. I am a carpenter ; I live at No.4, Edmond's court, St. Ann's. I lost the coat at the corner of Princes-street, Bedfordrow , yesterday, about eleven o'clock, by all account between ten and eleven; I was repairing the house there, I went to grind some tools, me and another man, and a man was left behind, and when I came back I was informed that a man had been in the house and took my coat away, his name is Joseph Smith too that informed me. Q. Did he bring your coat with him? - No, he was there in the building, and he came down to me, and the plaisterer that belonged to the job, said they saw the man go out with the coat. Q. When you went back to the house what did you do there? - I found him, they kept him there, they had got my coat in possession. JOSEPH SMITH sworn. My name is Joseph Smith too; I am a workman in the same building; my two partners they went to grind their tools, and they left me in the two pair of stairs room to put in the fash frames, their coats were left, and the remainder of the tools that they left, were left in the one pair of stairs; with that there came in a couple of men, whom I did not see come in, but I observed the prisoner at the bar going out; with that the plaisterers that is erecting a seassold in the front of the house, they called to me, carpenter, what is that man got? he has got something under his coat; I said, does not he belong to you? they said they had seen one go out of the building with something, and there was another inside; with that I ran down stairs, and the other man got away, but the prisoner at the bar we saw turning into King-street, in King's-road, down towards Gray's-inn-lane, and I said, if the one was gone we had better go and see what that man had got in his coat; we followed him, and at the corner of King's-road we saw him, about half way down, as far as John-street, and he was coming back, and we met him, and I said, what have you got under your coat? with that we stopped him, and I took the coat which my partner has got now, tied up; we brought him back to the building again, and he was in possession of the two plaisterers, and the coat, till I went and informed my shopmates where they were grinding their tools, and from that he was carried to the justice's. This was the coat; I know it is the other Joseph Smith 's property. Prosecutor. This is my property, I will take my oath. Prisoner. Saturday morning between ten and eleven o'clock, I was coming towards Fullwood's-rents, and I saw a man that had worked in some buildings where I had been (he was a painter) says I, painter, are you out of work? says I, I am; then he said, I suppose you cannot give me any thing to drink; I said I could no, because my wife was ill be sides; then says he, come along with me and we will have something to drink; I went with him up to Bedford-row, straight to this door, and he went up and brought me down this coat, and said to me, you go across King's-road with this, and we will have half a gallon of beer; I took the coat of him and looks about and did not see him coming, and immediately I returned with the coat, thinking then absolutely that he was playing a trick with me. Joseph Smith When we did lay hold of him he did say that he was brought into that error; he did not run from us. Not GUILTY . Tried by the second Middlesex Jury before Mr. Justice BULLER. 216. THOMAS WILLIAMS was indicted for stealing, on the 20th of February , two linen cloths, called meat cloths, value 3s. two baskets, called butter flats, value 2s. the goods of William Phillips . THOMAS HOLT sworn. I am a book-keeper at Mr. Phillips's, the carrier , he lives at Bicester, in Oxfordshire, he is a carrier; I have only the hand of putting them in the waggon, I put two flats into the waggon myself; the waggon puts up at the George inn, Snow-hill, and the waggon was returning, I put the flats into the waggon Thursday evening about six o'clock, as near as I can recollect, they had brought up butter and was returning into the country empty; the cloths were what brought up meat, meat cloths; I had no knowledge of the waggon being robbed till Friday morning, I ordered it out about ten, but it went out a little earlier than usual being heavy loaded; I did not see the waggon go out on Friday morning, I was down at the inn, and Mr. Cole, which was the officer of the night in St. Giles's office, came down to me to know if Mr. Phillips's waggon had been robbed; I told him I did not know that it had been robbed; he then produced to me the meat cloths. Q. How these were taken away or what, you cannot tell yourself? - I cannot. One of the cloths has Mr. Phillips's mark on it; they were put in empty hampers. DANIEL HOGAN sworn. I am a watchman in Dyott-street, St. Giles's. Yesterday morning, after I called the hour of five, I was called by William Bowman , he keeps a house in Carrier-street, St. Giles's, he told me that there was a man came to lodge with him a week before that, and that he came in this morning in his house, and he suspected he brought in some stolen goods with him; accordingly I went with him to his house directly; the prisoner at the bar was in the room, and the two flats, and the two cloths in them; I brought the cloth then and him away to the watch-house; the cloths I left in the constable's custody (David Cole) the flats they are in the same room still, they are very cumbersome, they have got the mark of W. Phillips on them. WILLIAM BOWEN sworn. I live in Carrier-street, St Giles's; I keep a lodging house; I never saw him in my life before yesterday morning; his wife came and took a room at my house yesterday was a week; I never saw him till yesterday, his wife took the lodgings, and he came into the house to lay there when he thought proper; his wife was sent to Bridewell, and his wife being put into Bridewell, I had a strong suspicion about the man. I got up yesterday morning early to go to work, about five o'clock, and my wife says to me, I heard a strange bustle in the night, between one and two o'clock, William, do you light a candle and go up stairs, and see what it was with that strange man; I went and got a light of the watchman, and went up stairs, and went to the door, and knocked sometime at the door before I got an answer, he lodged in the two pair of stairs, at length this man opened the door. Q. Was he there alone? - No. Q. Who was with him? - A girl of the town that he brought in from the street. My wife she came up and came into the room, and asked for her rent, the week being expired, which he refused paying; my wife asked him how came he to bring that girl into the room, and into her bed? he replied it was his sister; I said it was very uncommon for a man to have his sister in bed with him. My wife turned about and see this lumber of baskets in the room; I said to him, this is what you have been robbing all night; I told my wife to keep the door secure till I called the watchman; accordingly Hogan, the watchman came, and the watchman took him and linen to the watch-house. The constable of the night viewing of the linen and the letters on them, said he thought he could find out where they belonged to, and he came up to my house, and he looked at the baskets, which he said were part of the property, and they were taken to the bench of justices, at Marlborough-street, and there they bound me over to come and tell the court, which is a very heavy loss, because I am a very poor working man. DAVID COLE sworn. I am a constable of the night. Yesterday morning, about half after five, the watchman brought the prisoner to the watch-house and the cloths, I asked the prisoner whether the cloths were his property? he told me he had found them; I examined the cloths and I found they were marked W.Phillips on them; I took the charge, and I locked him up; after I had taken care of the prisoner I left him there, and went and searched his lodgings, I went to his lodgings and I found two flats in the room with the same name there is on the cloths, we left them in custody of Mr. Bowen, the man that keeps the house; after that we went to the watch-house again and stopped my time. In the morning I went up to the Green Man and Still, to see if I could find out the owner; they told me Mr. Phillips's waggon put up there, I should find the book-keeper there; I went there and I asked him if he knew of Mr. Phillips's waggon being robbed? he said no; I asked whether it put up there? he said, yes, then I shewed him the cloths, and marks, and asked him if they were Mr. Phillips's? he said, yes. We went together then to Marlborough-street; he was examined then before the magistrate, and committed to prison. Holt. One of these cloths is marked with the name at full length; the other is not marked at all; they generally have one in each hamper, in order to know who the meat comes from; he finds hampers for the whole of the butchers, but not cloths, therefore we know by the name who they belong to; these baskets were butter flats but these cloths were put into the hamper where the meat had come from; these cloths were in the meat hampers returning home, not in the flats. The flats were at the tail of the waggon, and tied in such a manner that it was impossible to get them out without cutting the rope; the waggoner is not here; I made enquiry at the Green Man and Still, and they told me his ropes were entirely cut to pieces; I saw the ropes of the waggon fast; the cloths was in an hamper with some other goods, a large mat of leather, and two half firkins of oysters, very heavy goods, I dare say the whole would weigh two hundred weight if not three hundred, and the cloths lay at the top of the goods in the hamper; the ropes of the waggon when I saw it was fast. Q.Can you at all say whether these were the cloths that you set out with Thursday night? - I know it very well by the mark, and I know there was no others of his in town at that time. These cloths are never left, we always return them the day they come up. Q. When did you see the flats? - Yesterday morning. One thing Mr. Bowen omitted in his evidence. Court to Bowen. Have you any thing more to say? - He first said yesterday morning, that he was a butcher by trade, and the girl told him before his face that as soon as he pulled out the linen, he pulled out some skewers, which he threw down under the grate, and the constable picked them up and put them in his pocket. Prisoner. I was coming home Thursday night, between nine and ten o'clock, and I saw these two baskets and these cloths lay down in the broadway of St. Giles's, laying down in the middle of the road, I took them up and carried them into my room. Between five and six Mr. Bowen and his wife came up into my room, and asked for the rent; I said it was not due; he then snatched up these two cloths and said he would keep them, and his wife took and slapped me in the face twice; then Mr. Bowen ran and fetched a watchman from the watch-house, and came back with the cloths. Q. To Holt. You did not see the waggon set off? - I did not. Q. Then whether they were taken from the yard or past, you don't know? - I know they were not taken from the yard; all that I know of it, is, that he left word at the Green Man that his waggon was cut open in St. Giles's. GUILTY . (Aged 22.) Transported for seven years . Tried by the second Middlesex Jury before Mr. Baron THOMPSON. 217. BENJAMIN HAMPTON was indicted for receiving forty-six wine glasses, value 1l. &c. the goods of Edward Slater and Moffatt Horne . Not GUILTY . Tried by the second Middlesex Jury before Mr. Baron THOMPSON. 218. THOMAS DAY was indicted for stealing, on the 1st of February , five pounds weight of raw sugar, value 2s. 6d. the goods of Thomas Bolt . CHARLES WOOD sworn. I am a watchman of Dice and Smart's Key . On Saturday the 1st of this month a little before five, I saw the prisoner at the bar plundering an hogshead of raw sugar, I did not know who it belonged to at first, but it had passed the King's beam; it was on Mr. Bolt's wharf; they are in his charge as soon as they come on the wharf. Q. Are you sure that Mr. Bolt is paid for wharsage? - The sugar had passed the King's beam, he will be paid or ought to be. The head was partly broke in, the prisoner had got his hat full, and he was putting more in his apron, and I took him in that situation; what he had got in his apron was not worth bringing here because he let it fall down into the mud; I gave the other to the constable, his name is Hunter. I asked him where he came from? he said he worked at the lower station, at Brewer's Key, or it was thereabouts, I understood he meant. THOMAS HUNTER sworn. I am a constable; I produce some sugar, I received it of Wood; I have kept it in my possession ever since. Prisoner. I worked at Chester and Brewer's key, and have always been trusted in the buildings; I had been in the buildings most part of the day, I was admitted a scraper or any thing, when there was nothing to do; this morning there was little to do, we weighed ten hogsheads for shipping; my master told me he had very little to do that day, so he told me, Thomas, you may as well go along with the cooper, and hold the hoops for him, very likely he will give you a bit of sugar when you have done; I went with the cooper, and was with him about four hours; he desired me to get another cask to pitch, and turn them; I did so. When we had done he asked me whether I had an handkerchief to carry a bit of sugar? so I told him no; he said, then take your hat off and he filled my hat; coming along this place there were several people there, I stopped and I took a bit of sugar from there and I eat it; I had my hat on my head with the sugar, and he took me up and sent me to the compter. The sugar was given me by the cooper for assisting to hold the hoops before I came to this place. Q. To Wood. Are you sure that you saw him put it in his hat, and put it on his head? - I am. Q. What may be the value of it altogether? - About half a crown; here is five or six pounds of it. GUILTY . (Aged 27.) Publickly Whipped one hundred yards in Thames-street, near Smart's and Dice Key . Tried by the London Jury before Mr. RECORDER. 219. JOSHUA GREEN was indicted for stealing, on the 18th of February , three pounds weight of indigo, value 11s. the goods of Edward Hanson , John Pearson , Thomas Stiles , and William Pearson . JOHN WAINWRIGHT sworn. I am a constable and patrole of Dowgate Ward. About six o'clock last Monday night I was going my round, I saw the prisoner at the bar just going by me, I was just going across the lane where he was going up, I was going by Bush-lane, he had this bundle under his arm; I stepped up to him, I said, my friend, what have you got? he said he had got nothing but an empty bag; I asked him if there were any thing in it? he said, no. I felt the bag, and I thought there was something in; he said no; I felt the bag and I thought there was something in it, and I found in it the indigo which it contains, I have kept it till now; I asked him how he came by it? he said he found it. I took him down to where he worked, he worked with Edward Hanson, and Co. Prisoner. I said I had got something in my bag, and he says, I said nothing. EDWARD HANSON sworn. My partners names are John Pearson, Thomas Stiles , and William Pearson. The prisoner was a servant of ours; he only worked by the day. On Monday last he was at work on a prize ship, an East India man; we are warehouse keepers . On Tuesday morning, when I came to the counting house, I was shewed these two parcels by the constable, and I examined them, I think it was about nine o'clock. Q. What did you see in these parcels? - Indigo. I examined the samples and went down to the chest where they were taken from, and I am positive they are the same sort; one parcel was taken out of the chest where there is but a small parcel of indigo, not common; they were taken out of two different parcels and two different sorts. Q. How many sorts were there in the bag? - Two sorts. Q. Were they blended together or separate? - They were in separate papers, they are in separate papers now. Q. Is there the same quantity found as you missed? - That we cannot tell, because the chests are repacked, whether there was more or less lost I cannot tell. Q. Do you know whether that corresponded with what came out of the chest? - I am sure this came out of the chest. Prisoner. I worked with Messrs. Hanson, Pearson, Stiles, and Pearson; I worked with them sometime, and on Monday I went first to Chequer-yard, there I continued till half past two o'clock, first piling some wool, then I went down to pile some silks, then I went from there and went to my dinner, and a man came in and said, Green, you must go with me; I immediately went with him, it was then a quarter after three; I went with him to the Steel-yard, and worked with him twenty minutes or a quarter of an hour; I came up again, and Mr. Green ordered me to go with this man up to the warehouse, in Mud-lane, which I did; when we had done I asked this man to lock up while I went down into the necessary, says I, I shall be off nearly as soon as you. I went down to the necessary, and afterwards, in running along Thames-street, I picked up this sack, I saw it laving as I ran by, I ran by it and saw it, and went back and took it up; afterwards I met this man, Wainwright, and he said, Green, what have you got there? but before this' I went and threw it into Mr. Barker's, the public house were we are paid; I goes to Mr. Pearson's and there I gets my note for my day's work, two shillings, I goes and gets my two shillings, and has a pint of beer and drinks it; a man says to me there, what will you have for this sack? I said, you shall have it for a shilling, not noticing then there was any thing in it; after I got out and was a little up Bush-lane I thought I felt somewhat, and then I met Wainwright, he said, what have you got there? says I, I don't know, and with that he took me to the counting house. I have no witnesses: if Mr. Wainwright had got that man for me that he promised to do, he would be a witness; and Mr. Hanson knows, and Mr. Pearson and them, that I have never been in the indigo warehouse since I have been in the Steel-yard. Mr. Hanson weighed the chests, and the chests weighed the gross weight as when they came. Hanson. I went down and desired the merchants clerk to weigh it, and one was weighed by those that, no doubt, had a hand in taking it. Tried by the London Jury before Mr. RECORDER. 220. DANIEL ISAAC EATON was indicted for that he, on the 18th of November , unlawfully, maliciously, and seditiously did publish a certain scandalous, wicked, and seditious libel . (The indictment read by the clerk of the court.) The King against Daniel Isaac Eaton. London to wit. The jurors for our Lord the King, upon their oath present, that Daniel Isaac Eaton, late of London, bookseller , being a malicious, seditious and evil disposed person, and greatly disaffected to our said Lord the King, and to his administration of government of this kingdom, and unlawfully, maliciously, and seditiously contriving, devising, and intending to scandalize, traduce, and vilisy, our said Lord the King and the regal power and office established by law within this realm; and to represent our said Lord the King as sanguinary, tyrannical, oppressive, cruel, and despotic; and thereby to stir up and excite discontents and seditions amongst the subjects of our said Lord the King, and to alienate and withdraw the sidelity, affection, and allegiance of his said Majestly's subjects from his said Majesty's person and Government, on the eighteenth day of November, in the Year of our Lord One Thousand Seven Hundred and Ninety-three, at London aforesaid, in the Parish of St. Mary-le-bow, in the ward of Cheap, unlawfully, maliciously, and seditiously did publish, and cause to be published a certain pamphlet, intitled,"Politics for the People; or Hog's Wash," containing therein among other things, certain scandalous, malicious, inflammatory, and seditious matters, of and concerning our said Lord the King: that is to say, "You must known then, (meaning know) that I used, together with a variety of youthful attachments, to be very fond of birds and poultry; and among other things of this kind, I had a very fine majestic kind of animal, a game cock."(meaning thereby to denote and represent our said Lord the King)"a haughty, sanguinary tyrant, nursed in blood and slaughter from his infancy, fond of foreign wars and domestic rebellions, into which he would sometimes drive his subjects, by his oppressive obstinacy, in hopes that he might increase his power and glory by their suppression. Now this haughty old tyrant." (again meaning our said Lord the King)" would never let my farm yard be quiet, for not content with devouring by far, the greater part of the grain that was scattered for the morning and evening repast, and snatching at every little treasure, that the toil of more industrious birds, might happen to scratch out of the bowels of the earth, the restless despot."(meaning our said Lord the King)"must be always picking and cussing at the poor doves and pullets, and little desenceless chickens, so that they could never eat the scanty remnant which his inordinate taxation left them, in peace and quietness: now though there were some aristocratic prejudices hanging about me from my education, so that I could not help looking with some considerable reverence upon the majestic decorations of the person of King Chaunticlere."(meaning our said Lord the King)"such as his ermine spotted breast, the fine gold trappings about his neck and shoulders, the flowing robe of Plumage tucked up at his rump, and above all, that fine ornamented thing upon his head there,-his crown or coxcomb, I believe you call it, (however, the distinction is not very important) yet I had, even at that time, some lurking principles of aversion to bare faced despotism, struggling at my heart, which would sometimes whisper to me, that the best thing that one could do, either for cocks or hens or men and women, was, to rid the world of tyrants."(meaning our said Lord the King, among others,) "whose shrill martial clarions (the provocatives to same and murder,) disturbed the repose, and destroyed the happiness of their respective communities; so I believe if guillotines had been in fashion, I should certainly have guillotined him, being merciful even in the stroke of death: and knowing, the instant the brain is separated from the heart (which, with this instrument is done in a moment,) pain and consciousness is at an end, while the lingering torture of the rope may procrastinate the pang for half an hour. However I managed the business very well, for I caught Mr. Tyrant by the head, and dragging him immediately to the block, with a heavy knife in my hand, separated his neck at a blow; and what will surprise you very much, when his fine trappings were stripped off, I found he was no better than a common scratchdunghill pullet; no nor half so good, for he was tough, and oily, and rank with the pollutions of his luxurious vices." In contempt of our said Lord the King, and his Laws, to the evil and pernicious example of all others in the like case offending, and against the peace of our said Lord the King, his Crown, and Dignity. And the Jurors aforesaid, upon their oath aforesaid, do further present, that the said Daniel Isaac Eaton, so being such person as aforesaid, and so devising, contriving, and intending as aforesaid, afterwards to wit, on the said eighteenth day of November, in the said year of our Lord One Thousand Seven Hundred and Ninety-three, at London aforesaid, in the parish and ward aforesaid, unlawfully, maliciously, and seditiously, did publish, and cause and procure to be published, a certain other printed pamphlet, containing therein, amongst other things, certain scandalous, malicious, inflamatory, and seditious matters, of and concerning our said Lord the King, according to the tenor and effect following; that is to say. "I had a very fine majestic kind of animal a game cock," (meaning thereby to denote and represent our said Lord the King) "a haughty, sanguinary, tyrant, nursed in blood and slaughter, from his infancy; fond of foreign wars and domestic rebellions, into which he"(meaning our said Lord the King,)"would sometimes drive his subjects by his oppressive obstinacy, in hopes that he might increase his power and glory by their suppression." In contempt of our said Lord the King, and his laws, to the evil and pernicious example of all others, in the like case offending, and against the peace of our said Lord the King, his Crown and Dignity. And the Jurors aforesaid, upon their oath aforesaid, do further present, that the said Daniel Isaac Eaton, so being such a person as aforesaid, and so devising, contriving, and intending, as aforesaid, afterwards to wit, on the same eighteenth day of November, in the said year of our Lord One Thousand Seven Hundred and Ninety-three, at London aforesaid, in the parish and ward aforesaid, unlawfully, maliciously, and seditiously, did publish, and cause to be published, a certain other printed pamphlet, containing therein, among other things, certain scandalous, malicious, and inflamatory matters, of and concerning our Lord the King, among others, according to the tenor and effect following: that is to say. "The Reflexions of a True Briton."-"Kings" (meaning among others our sovereign Lord the King)" are wolf shepherds; Homer stiles them devourers of the people; and they do not appear to have lost their original taste." In contempt of our said Lord the King, and his laws, to the evil pernicious example of all others in the like case offending, and against the peace of our said Lord the King, his Crown and Dignity. (The indictment opened by Mr. Raine, and the case by Mr. Fielding.) JOHN BOLT sworn. Q. Look at that book and tell me whether you bought it any where? - I bought it at No. 81, Bishopsgate-street. Q. At the time you bought it or soon after did you make any mark on it? - I did in half an hour after. Q.Who kept that shop? - Daniel Isaac Eaton. Q. When did you buy it? - The 18th of November last, this and two other numbers of the same titles, six seven and eight I bought for a gentleman. Q. Was it a separate thing at the time you bought it? - It was, and I bought two others at the same time. Court. The pamphlet under prosecution for is No. 8? - It is. Mr. Woodhouse. What are you? - I am a news carrier. Q. What did you go to buy them for? - I went to buy them for a gentleman, one Mr. Bibbins. Q. Is he a news carrier too? - No. Q. You get your livelihood solely by carrying news? - Yes. Q. That is the only trade you follow? - Yes. Q. You never get any thing by informing? - Never. Court What day was this you say you bought this book? - The 18th. Mr. Knowlys. My learned friend asked you how you came to go to that shop, was it not because it was to be bought there? - It was. Mr. Gurney addressed the court on the part of the defendant. Not GUILTY . Tried by the London Jury before Mr. RECORDER. 221. JOSEHH KIRKHAM and JOHN WHALLEY were indicted for stealing on the 7th of February twelve yards of muslin for handkerchiefs, value 4l. ten yards of printed muslin, value 15s. twenty-three yards of other muslin, value 1l. ten yards of other muslin, value 2l. twelve yards of printed cotton for handkerchiefs, value 2l. the goods of Alexander Sangster , in his dwelling house . (The case opened by Mr. Knapp.) ALEXANDER SANGSTER sworn. I am a warehouse keeper in Milk-street, Cheapside . On the 7th of February I was told I had lost some property, on Monday, or prior to that day, I received an anonimous letter, and I suspected I was robbed, and I employed a watchman, William Boreman . Q. Was Kirkham your porter ? - Yes. Q. Do you know any thing of the other prisoner? - No, I do not. WILLIAM BOREMAN sworn. I was employed by Mr. Sangster, on Monday, about the 2d or 3d of February, I waited several mornings in Milk-street, to watch. On Monday morning the 7th of February, at seven o'clock in the morning, I perceived a man come down the street, pass Mr. Sangster's door, and up a little court, which they call Godfry's-court, that goes out of Milk-street, he returned again very shortly, in the mean time, before he got back to Mr. Sangster's, Kirkhan came and opened the door, he came out of the door, took down one shutter, and the other man, who is the prisoner Whalley, went into the door, that was the same man that I had seen come down the street. Q. Are you sure that the man that went past the door and returned back again, was the prisoner Whalley? - I am. Kirkham took down one shutter and car ried it in; at that time the prisoner Whalley was in the house, Kirkham came out and fetched in another shutter, he carried that in and returned out again, and carried in two more; when he had carried them in I perceived the prisoner Whalley come out of the door, followed by Kirkham to the door, the prisoner Whalley came out of the shop with a bag under his arm, it was not full, but a considerable quantity of goods was in it, and it was a large bag. I immediately went and took hold of him, together with the bag, with the assistance of another gentleman, we took him to the Axe Inn. Aldermanbury, where we sent for a constable and examined the bag, where we found several pieces of muslin and some handkerchiefs; the bag was put into the hands of a constable, I delivered it there to the constable into his care. Q. Did you take Kirkham into custody? - No, another gentleman took him into custody. Q. Had the man any bag when he went into the shop? - No bag nor bundle, that I perceived. Mr. Knowlys. I am for Whalley. This bag came out of the shop? - It did not belong to Whalley at all. Q. You did not see him carry it in? - I did not. Q. Kirkham was in the shop at home when Whalley went first in? - Kirkham followed him in. Q. Did you hear the conversation that passed between them? - I was at the corner of Mountford's-court, not able to hear the conversation that passed between them in the house. Q. And when he went away with the bag, Kirkham followed him to the door? - He did. Q. You had watched for four days before you saw Whalley? - Two or three mornings I had. Q. I believe you attended the examination before the Lord Mayor? - Yes. Q. Whalley was there committed for receiving, I believe, the goods knowing them to have been stolen? - I cannot tell what he was there committed for. ISAAC HILL sworn. I live with Mr. Sangster, I am a warehouseman. On Friday morning I was with Mr. Boreman, and about seven o'clock Mr. Boreman said there he comes, the person he alluded to was the prisoner Whalley; I saw Whalley come and go up the court, and when I saw that, I fell back for fear of being discovered, a little after that Boreman said, now he is in, and a little after that he said he came out of the house, we went and took him with the goods on him, when we took him to a house, the Axe, in Aldermanbury, when I helped to secure him, he had a bag under his arm, that bag was taken to the Axe, and delivered to the constable. Q.Did you see the bag opened? - I did. Q. Did it, from its appearance, belong to Mr. Sangster? - It did, I have got a list of what was in the bag. Q. You took that list of the goods at the time? - I did. Q. Read it - There are three pieces of book muslin handkerchiefs, a piece of juganot, two pieces of book muslin, and two pieces of cotton for handkerchiefs. Q. You then went back again from him, and sent for a constable and secured Kirkham? - I did. Q. Had these goods your mark on them? - One piece had Mr. Sangster's private mark. Q. Do you know whether Kirkham was searched? - I don't know that he was. JOHN FENNER sworn. Q. Was you the constable that was brought to the Axe, in Aldermanbury? - I was, I was first of all at Mr. Sang ster's house, and apprehended Kirkham there, I took him to the Poultry Compter. Q. Did you search him? - I did a little afterwards. Q. Did you find any thing on him? - Nothing but the sixteenth of a lottery ticket. I went along with somebody to the Axe, and there I found Whalley, and took him into custody. Q. Did you see any thing of any bag there? - Yes; the bag is in the box here. Sangster. One piece, I think, is my property, it is a piece of book muslin handkerchiefs, it has my private mark on it, it cost me upwards of forty shillings. Q. How long have you had it? - That I cannot be positive; the other pieces I cannot say that they are mine, only from the circumstance that they came out of my shop that morning, and I had the same in my shop, because the marks are not on them. Mr. Knowlys. You say that the piece that you can identify, cost a little more than forty shillings? - It did. Q. But perhaps now the original manufacturer would have sold it for something less than forty shillings at this time? - I believe they would. Court. Had you such goods as the other in your shop? - Yes, I had such on consignment in my shop. Q. Look at this confession of Kirkham's, the signatures of it. - It is my hand writing, the prisoner's hand writing, and the Lord Mayor's. The confession read. The voluntary confession of Joseph Kirkham, charged with felony, taken before the Lord Mayor; who voluntarily faith,"that he gave the goods, now produced, to John Whalley , who came about seven o'clock, on the 7th of February last, to his master's house in Milk-street, Cheapside, and that he, the examinant, put the goods into the bag himself. And he faith, that about three weeks or a month ago, he met with Richard Whalley , and went with him to a public house in the Bird in Hand-court, Cheapside, when Richard Whalley said that he wanted a dozen of handkerchiefs, and put half a guinea into the examinant's hand, and the examinant, two or three days afterwards, took twelve handkerchiefs from his master's warehouse, and delivered them to Whalley, and that he has received from him about five guineas. On Wednesday morning last, he gave James Simpson a dozen or a piece of purple shawls, and six other shawls; all which he had taken from his said master's warehouse; and that he had taken from his master's warehouse about one hundred pounds in all; all which he disposed to James Simpson , John Whalley, and Richard Whalley . Mr. Knowlys addressed the court that on this confession Whalley could not be looked upon as a principal, but a receiver; but which objection the court would not allow. The prisoner Whalley called three witnesses who gave him a very good character. Prisoner Kirkham. I leave it to the mercy of the Judge and jury; I have no witnesses here, I only lived with one master in Town. Prisoner Whalley. Mr. Simpson I have known above this month; he came to my house about three weeks ago, and wished to lodge with me; since that time I understood that he had bought several parcels of goods, which he sold to me again. He came into my house to dinner, on the 5th of this month, and enquired whether I could lend him ten or twelve guineas or not; I told him I could not, but I could give him a draft to answer the same purpose, and he went and received it I suppose. He came home in the evening and informed me that he had bought goods at Mr. Sangster's to the amount of ten or twelve pounds; he then informed me he was very lame in his ancle, and could not go for them, and he desired me to go for them in the morning; I had to go to several trades people that morning, and I went to Mr. Sangster's first. My fellow prisoner, I never had seen my fellow prisoner before that morning; when I went in I enquired of him if there were not some goods left there by Mr. Simpson? he said there were, and he gave me these goods, and the draft that Mr. Simpson received of me I believe can be produced now in Court; and as for the goods I understood they belonged to Mr. Simpson, and by the papers, and the bills of parcels that were found on me, when taken, it can be proved I turned above one hundred pounds a week. I would wish to know whether Mr. Workman is in Court or not. Joseph Kirkham , GUILTY . Death .(Aged 29.) John Whalley , GUILTY . Death .(Aged 21.) Tried by the London Jury before Mr. COMMON SERJEANT. 222. JOHN CASTLE was indicted for stealing, on the 7th of February , a piece of woollen stuff, called tabby containing, in length, twenty eight yards, value 1l. two other pieces called callimanco, containing sixty-four yards, value 3l. the goods of John Mason , in his dwelling house ; and JOHN WHALLEY was indicted for receiving, on the same day, the goods, knowing them to have been stolen . JOHN GREEN sworn. I am a clerk to Mr. John Mason , he is a warehouseman , in Lawrence-lane . Q. Had you occasion to count your goods by the desire of Mr. Mason? - I counted them the 5th of February. Q. How soon after you had counted them did you miss any of your goods? - On Friday the 7th in the morning, about half after ten, I missed three pieces of callimanco, and one piece of Tabby. Q. Do you know how many yards the callimanco contained? - We call one forty yards, and the other thirty. Q. Had these goods your master's mark on them? - They had, they had a seal with I.M. on one side; the value of the three together is about four pounds. Mr. Trebeck. Has your master any partner? - No. Q. How many servants might there he kept in that house? - Only myself and porter, the prisoner at the bar, John Castle . Q. Are there any maid servants? - Yes, there are. ROBERT DAWSON sworn. I went in consequence of Whalley being taken into custody, to his house in Silver-street, No. 14, the street leading from Wood-street to Faulkner's-square, to a house, I understood to be the house of the prisoner Whalley. I have got a variety of articles in custody. Q. How do you know it was Whalley's house? - I enquired several days before he was taken into custody, and I saw him go in there and come out; and I found in possession of these articles James Simpson; I took Simpson and searched him, and found in his left hand waistcoat pocket forty-nine guineas; Simpson told me he knew nothing of Whalley. Mr. Knowlys. Though you found them in a house that you was informed was Whalley's, yet you found the goods in possession of Simpson? - It was so; Simpson lodged there; Simpson came down naked and let me in himself. Court. How did you know it was Whalley's house? - The landlord is here. WILLIAM WEBSTER sworn. I am the landlord of No. 14, Silver-street; I let Whalley the house a little before Christmas; I live just by it; I have got premises adjoining to it. Q. Did Whalley live at No. 14? - Yes. JOHN FENNER sworn. I have got the goods, I have had them ever since they were at the Mansion House; they were found at Mr. Whalley's house along with some others. JAMES SIMPSON sworn. When I was taken the constable asked me what I was? I told him I was a lodger in Mr. Whalley's house, and I gave him up the key of my box, and he searched me, and in my left hand waistcoat pocket he took out forty guineas; I told him what I had got, I bought them, and I would find where I had bought them. I lodged with Whalley, I lived with him for five weeks to this day. Mr. Knapp to Green. Look at these goods produced by Fenner? - There is no marks on them, but there were three pieces of that colour came in the day before; the seal is cut off. Mr. Trebeck. Might not your fellow servant sell them? - He never sells. Q. Suppose you are out of the shop? - I never am out unless Mr. Mason is at home. Q. Other warehousemen and manufacturers have some of the same kind? - Yes. Q. How would you distinguish it from that taken from any other warehouse? - I know it by the colour, that was the same, I cannot swear to the callimanco, I lost two pieces, but I cannot swear that these are the two pieces, but we missed such. Simpson. The night before that I was taken up these things were brought in to Mr. Whalley, by Mr. Mason's man, Mr. Mason's man complained that Whalley would not give up the full money, but always let money be behind, and I offered to let Mr. Whalley have some money to pay Mr. Mason's man. These are the same goods; but Whalley used always to cut the marks off the callimanco; he has brought in different pieces before, but I do not think any thing of this kind. I was taken the Friday morning the 7th. Court. These two pieces were brought in on Thursday? - They were. Q. Did you hear Castle say where he came from? - I knew perfectly well where Castle lived, I knew him to be Mr. Mason's man. Both not GUILTY . Tried by the third London Jury before Mr. COMMON SERJEANT. 223. JOHN MITCHELL was indicted for stealing, on the 13th of January , privately from the person of Margaret Jones , widow , a leather pocket book, value 1s. a bank note, value 200l. another bank note, value 50l. another bank note, value 40l. another bank note, value 20l. two bank notes, value 10l. each, and a bank note, value 5l. her property . (The case opened by Mr. Schoen. MARGARET JONES sworn. I am a widow, I live at Newington. On the 13th of January I had been to the Bank to receive my dividends; I took two notes from the Bank, one was a forty pounds, and the other was a twenty pounds; I put them in my pocket book with some other notes, one of two hundred pounds, one of fifty pounds, one of twenty and two of ten pounds, and a five pound, two hundred and ninety five pounds I took out with me, and the sixty pounds I received, made three hundred and fifty-five pounds, I had a little girl along with me. Q. Did you observe any body at the Bank? - I did not take notice of any person particularly, I desired my little girl to take notice that I put them in my pocket, and that I put them in safe, and I felt my pocket book outside of my gown, after I had put my hand in, and then I was going home, to Newington, to where I live. Before I met with any kind of interruption. I got as far as Gracechurch-street , there there was some people made a stoppage, two women and a man, and asked something about the Greenwich coach; I was going right straight along, on the right hand from the Bank, not by the Church, the other side. Q. Did you observe who that man was? - Not particularly, I seemed to want to get on, and one of the women looks over my shoulder, and makes a bit of a laugh at the Greenwich coach, they asked the man what he would have for them four to go to Greenwich? that took my attention off, other people were behind, I cannot say how many, when they moved off one man went with the women, and this man went by himself. Q. Did you observe who that man was that joined the other women? - I knew he was a broadish man by his back, I only see his back, he was the man that had been behind, that made up the four people; he had a light coloured furtout coat on at that time. Q. How was his hair? - I really did not notice it, for I was really very much frightened, that very moment the croud moved from me, I missed some weight from my pocket, and I put my hand down and could not feel my pocket book, the croud were then leaving me, and then these four walked off. Q. How did they get at your pocket? - They took my gown up. I felt the weight from me, that I had lost the weight, and that was the reason that I thought I had lost my pocket book. Q. Did they walk off pretty fast? - They did. Q. You had no more croud? - The street was clear in less than a minute, or two minutes, and I went first one way and then another, and I said O! dear, what shall I do, and I went to the coachman, and said, did you see any body rob me? and a captain out of the coach said, I saw that man hustle you, the man who was behind you. Q. You never saw his face? - I did not, but he was a man of the same size as the prisoner, a stout man, and he walked off immediately. Mr. Knowlys. Pray had you any money in your pocket besides? - I had received twenty-four pounds, and they gave me a twenty pounds note, and the remainder was made up of cash, gold and silver. Q. Pray what else had you there besides; ladies pockets are generally pretty full, they say there is no bottom to them? - I think there was two guineas and a half, besides the money I received. Q. What else had you in your pocket? - What keys I had, I kept in my pocket. Q. What else had you in your pocket? - I don't know that I had any thing else, I am very careful that I do not lumber my pockets with a parcel of litter. Q. Had you any thing else in your pocket? - Nothing, except my gloves, or such things. Q. Pray in what kind of a pocket book was it you put these Bank notes in? - Extremely small thing. Q. Put nothing in it but bank notes? - There might be another paper in it, because I have missed a promissory note. Q.So much for the weight in your pocket. Are you sure that you had that pocket book in your pocket at the Bank? - I had. Q. Was you always sure that you had that pocket book at the Bank? - I am sure I put it into my pocket, and I felt it outside of my pocket, and I found it was in, and I never had any interruption till I got to Gracechurch-street. Q. You never asked any body whether you left it on the counter in the Bank? - Upon my oath I absolutely put it in my pocket, and I desired my child to see that I put it in safe. Q. On your oath did you never ask any body whether you left it on the counter in the Bank? - No, I had no occasion to do that. Q. Do you mean positively to swear that? - I never asked. What I should ask them for? Q. Did you never ask of any broker? - I never did, upon my oath. Q. This was pretty early in the receipt of dividends, a good many people there to receive dividends? - There were. I took dividends that were owing me a twelve-month before. Q. It would have been very easy for any person that was there to have listed up this gown? - But I am sure they did not, because I went out of the place with my pocket book in my pocket; besides there was not many persons in the court, and particularly no croud. Q.How many people might you meet there? - There was no interruption; there might be one or so. Q. But there were a number of people there? - There were some, but I met with no interruption. Q. You never see the prisoner at the bar, till you charged him with this offence? - Not till I knew he was the person. Q. Was not you in his company three days afterwards, and drinking with him? - I am far from a drinking woman. Q. Was not you in his company three days afterwards, and drinking with him? - I will tell you how I came to the public house. Q. Was not you in his company three days afterwards, and drinking with him? - I was in his company for half an hour, but I did not know that he was the person; it was at the Bunch of Grapes, in Bow-street, I did not know that he was the man, or else I would not have drank a glass of wine with him; I dare say he only sent for me on purpose. Q. Did not you tell him of your loss? - I did, he knew of my loss. Q. Was this at the public house in Bow-street, where Clarke and Carpmeal were talking of the robbery? - I don't know any of them, I never was in the house before in my life. Q.Was not Carpmeal one of the officers there? - When I went to Bow-street I asked if I was in time. I had been sent for, they said there were some suspicious people that had been there, and I was to come and see them. They told me to stop a bit, and he would answer me presently, accordingly when the clerk had time, he did, and I had a person along with me, at this time at Bow-street; the clerk says you have not been sent for here; when that was the case I was going home, and I went towards Covent-garden way, and there comes up a man to my relation that was with me, and says, what have you heard any thing more of this affair? and he said yes, he heard something, for he had got partly information who the person was, then this here prisoner came up, and he said I am very sorry for your loss madam, or something to that purpose; the prisoner's acquaintance said to my nephew, come, says he, we will go back and have some thing to drink together? says I you know I will not go and drink, but we did go; he said you will be very safe, and we went to Carpmeal's house. Q. How long did you stay drinking with the prisoner? - I did not stop above half an hour, I did not drink above one glass of wine. Q. And you did not charge him at all with the robbery? - I did not know him, I gave no charge against him, but I believe two days after the people took him. Q. On your oath did not you see him in the office in the course of the very day that you made the affadavit? - I did not see him till the very day after, when they supcenaed me to come. Court. As to the man that robbed you, you had not an opportunity of seeing his face at all? - I had not. Q. Then you was taken to Bow-street by some idle tale of a letter? - It was so. Q. At that time you had no suspicion of the man being a thief? - No. GEORGE WREN sworn. I live at Mr. Price's, No. 18, Grace-church-street; I have the care of the silversmith's shop. On Monday, the 13th of January last, I saw a concourse of people before my master's window, and I saw the prisoner looking in at my master's goods, but by the manner of his looking, I thought he was after no good, then I kept looking at the window, at the prisoner, and I saw him put one foot on the step of the door, which he made a kind of a false slip on one side, as if Mrs. Jones pushed him, when I saw that, I thought my master's windows were in danger, I went to open the door, to desire them to disperse, but as I was opening of the door, I saw them all sheer off; as they were going off, I saw the prisoner standing tip-toe, hanging his head almost over the lady's shoulder. Q. What became of them? - I don't know, it was not two minutes after, that Mrs. Jones returned crying, and said, that she had missed her property. Q. How many did he go off with? - There were two women and a man went first. Q.Had you observed in what situation this man and two women had placed themselves before? - They walked three together, before Mrs. Jones and a little girl, the three were all in company together, and I observed the prisoner was taller than the other two, which were of each side of him. Mr. Knowlys. You was examined before Mr. justice Staples? do you mean to say that you sware positively to the man? - Certainly. Q.Now I caution that there are three persons attending here, who were present there? on your oath when an information was read to you, in which it was put down by the clerk, that you was positive to the man, did not you correct that clerk, and say no, I cannot say that? - I certainly was positive he was the man, I never had the least doubt but he was the man. Q. On your oath did not that pass? - No; to my recollection it did not. Q. When a man is swearing before a magistrate, he can recollect, and say whether he corrected a person, and said no, I did not swear that so positive. You must recollect either one way or the other? - I might say so the first time. Q. Now I ask you whether it was not put to you again, and you desired the clerk to correct it? - I remember so far as this, not before justice Staples, but the other justice, Mr. Wills, there was an attorney, Mr. Fletcher there; he says, please your worship, will Mr. Wren positively swear to the man, or does he not? says the justice to me, I would have you examine this paper, and read it over attentively, and think well of it, before you decide; and I did, and I told his worship, I accorded to every thing that was put down. Q. When a man has said you swear so, and you say no, I did not, that is wrong, you must recollect whether you ever said so or not. Did not you twice say so to the clerk, and twice correct the clerk? - Not to my knowledge. Q. It is a very important fact? - Certainly it is, I cannot recollect that I did. Q.Will you swear positively that you did not twice contradict him? - I don't think that I did. Q. Will you swear that you did not, and I will produce two witnesses to you that will swear you did? - No, I do not like to swear I did not, nor I cannot recollect that I did. Q. Pray in whose company have you been since? - In the company of Macdonner, this lady's nephew. Q. Did not he tell you that his aunt was up to any rigg? - I never heard any such expression. Q. On your oath at the several times that you met him, what did you talk about? - Only to attend to the duty of the business; we never met privately about it. Q. How many times did you meet? - Not above four times, set aside these days that I have attended here. Q. Pray what might your conversation be about when you met? - About nothing particular. Q. What else could you converse about but this business of the robbery? - He never said much about it. Q. Pray who might be in your company at that time; what do you say to Peter Mayne , was not he in your company? - Yes. Q. He is one of the thief takers, is not he? - I believe he is. Q.Besides this precious gentleman, Mr. Peter Mayne; there was some gentleman that is in prison here for a conspiracy, Mr. Lucas? - Yes. Q. You was not acquainted with Lucas, nor Mayne? - No. Q. Not Macdonner before you went to the justice? - No. Q. Then I should be glad to know what you met about, if it was not to talk about this business. Q. Can you tell me any one reason, if it was not to regulate your evidence? - Peter Mayne nor the other did not always meet with us. Q. Now how long did Peter Mayne and Mr. Lucas meet with you, how many times were you all four together? - We met altogether at justice Staples, we were obliged to be there; how many times we were altogether I cannot say, we had no meetings on purpose. Q. Did you ever come and meet with these people, except about this business? - No, it was the case of our meeting, or else I should not have met them. Mr. Schoen. This information was read over to you? - It was. Q. Have you any doubt that that is the man? - Not in the least. Court. When you was examined before the magistrate, had you the least doubt as to his identity? - Not in the least. GEORGE NASH sworn. I drive the Greenwich coach, on the day mentioned in the indictment, I was in Gracechurch-street, it was Monday the 13th of January about a quarter after one, there were two women and three or four men who came up and asked for the Camberwell coach first, I said you had better take a ride to Greenwich; they asked what my fare was? I told them fourteen-pence; I think that is the man that stood by the silversmith's shop, I think he is the man but I cannot really swear to him. Q.You say there were three or four men and two women? - There were, they asked me what time I went off? I told them in about ten minutes or a quarter of an hour, one of the women said that would not do; in less than two minutes Mrs. Jones cried out she had her pocket picked, this lady was in the midst of the cluster; I think when they dispersed, which was in less than two minutes, they went down Lombard-street Q. Did they go by the coach? - They did not. - USUAL sworn. Q. Do you recollect on the day mentioned in the indictment your being in the coach at Gracechurch-street? - I do. Q. Did you see the prosecutor there? - I did, I was in the coach about a quarter before one, or somewhere there about that time, and I saw a man come and stood opposite the coach door, I did not hear the question that was asked; just after that I saw Mrs. Jones pass the coach, there was a kind of a mob about the breast of the horses of eight or ten people and a kind of hustle, and the woman was pressed over in that kind of manner with the man's face towards the house, he then clapped his foot on the step on the door and walked off. I asked Mrs. Jones what she had lost, she said she had lost, notes to the value of three hundred and fifty-five pounds. I believe the prisoner to be the man, he appears like the man in the face but I thought the body larger, he had a great coat on, a drab colour. Mr. Knowlys. Did you see the witness Wren before the magistrate? - Yes. Q. Did he not at that time say that the person had taken his information wrong for he was not certain of the man? - They asked him if he was positive to him? the answer was, that he thought he was the man, and when they asked him again he said he was positive. - MACDONNER sworn. I am nephew to the prosecutrix Mrs. Jones. Q. I believe in consequence of some intimation she got to go to Bow-street, you went with her? - I did, and I found that intimation was false, I saw Mitchell when we went to Carpmeal's, I don't know that Mitchell said any thing at that time. PETER MAYNE sworn. I apprehended the prisoner Mitchell, I searched him, but found no notes, nor none in his house; he was described to me as wearing a light coloured great coat, which coat I did not find. Prisoner. I have nothing to say, only that I know nothing at all about this business. JOHN HILL sworn. Q. Was you at the magistrate's office when Wren was examined about this business? - Yes, both times Q. Will you be so good as to tell us what he said relative to this information? - The first time he positively denied swearing to the man, and Mr. Staples thought so lightly of the evidence that he would have taken any body's word for the prisoner's appearance again. Q.Then you say Wren denied that he would swear to him? - He did, and so he did afterwards. Q. The second time he was there did he or did he not make an objection to the information? - I don't know that he did till he was asked the question by Mr. Fletcher, when he said, he would not positively swear, but I think he is the man. Mr. Scboen. What are you? - I am an officer to the Sheriff of Middlesex for fifteen years. Q. Where do you live? - I live in North East-passage, Wellclose-square. Q. How long have you known Mr. Mitchell? - I knew him nine or ten years, I know him by levying an execution on him, that is all I know of him. Q. You did not chuse to be bound for him? - Why should I involve myself. Q. Though you happened to hear this, Mr. Usual he heard nothing about this, he has contradicted it, he has said no such thing passed? - I believe he will tell you that he could not swear to the man, but I believe this is the man. Q. What day of the week was this? - I cannot tell. Q. How long ago might it be? - Three weeks ago. Q. You cannot tell the day of the week? - I cannot. Q. How came you at the office that day? - I had a warrant to execute upon an officer that belonged to that office, and one day the magistrate put the prisoner into my custody instead of sending him to gaol, and so I went with him again the next day. Q. How came you here to day? - I came to hear the trial and to be ready if I was called upon. Court. Did he describe. what he had seen of the man? - He said he had seen him by his master's own door. Court. And that he suspected him and that he had a full view of him by the prisoner looking in at the window at the goods? - Just so. Q. Then you must be surprised that the man should have a doubt because he had a very fair opportunity of observing him? - I was a little surprised. Q. Then you attended the second time? - I did so. Q.Neither of which days you remember? - I do not. Q. Did you tell the magistrate then the second day this man would not be positive yesterday, but he is positive now? - I never said a word, I was not asked. Q. But it must strike you very odd that the man should swear so positively to him the next day? - The first day he did not swear to him at all. Q. How long have you been acquainted with Mitchell? - Nine or ten years. I was formerly employed by his attorney not by him, but I saw him several times, before the business was disposed of, and I have seen him repeatedly since and drank with him. Q. First of all you scarcely knew him, and now you say you have seen him repeatedly since and drank with him, this is something more then serving a writ on him? - It is very true, it is. JOHM FLETCHER sworn. Q. Was you at Mr. Staples's at the time that Wren was examined? - I was, I was clerk to Mr. Staples's office five years formerly. Q. Did this man swear positively to this Mitchell or not? - The first time he did not swear any thing like it, and the Evidence was so slight that Mr. Staples would have taken any body's word for his appearance. This was the first time, it was said by the lady's Nephew that Captain Usual could swear positively to him. Q. Did you see him at that time? - I did, Wren said it was much like the man; I mentioned it to Mr. Willis, the justice, and remarked these inconsistencies, Mr. Willis asked him several times, he said he was much like the man; at last Mr. Willis rather tired with the examination, bid him read what was wrote deliberately, he did and the justice asked him if the contents was true? he said yes, and then it passed as it was taken down. Court. Are you clerk there now? - I am not, I am a Notary public. Q. What was you before, you was a justice's clerk? - I was formerly a clerk. Q. Then you know it is the custom of the office to return the examinations as they are taken? - It is as far as I know. Q. Then this examination being read to Wren was altered? - It was not. Q. Then it stood as originally taken with this doubt upon it? - I believe it stands as originally taken that day, the first examination was not taken. Q.Therefore with this alteration he would not swear positively to it? - There was no alteration. Q. Then when it was read over in the presence of the witnesses and they having put down by accident, that he had sworn positively, he objected to that, and would not swear to that extent? - The witness never made this objection, it was me that made the objection. Q. You know the magistrate read it over to him diffinctly? - The magistrate asked him the question, and he was a long time giving an answer. Q. Are you in partnership with any body? - No. Q. You do not practice in the law at all? - No, I am a notary public. Q. Upon your oath that you have taken, do you understand any other language but English? - No, I do not. GUILTY, Of stealing but not privately from the person . (Aged 40.) Transported for seven years . Tried by the third London Jury before Mr. COMMON SERJEANT. 224. CATHARINE MARTIN was indicted for that she on the 24th of April, in the 30th year of his preseut Majesty's reign , being then married, and then the wife of Lewis Martin , did take to husband Samuel Lark . Second COUNT, for that she on the 30th of April, in the 22d year of his present Majesty's reign was married to Lewis Martin, by the name of Catharine Connolly, spinster, and that on the 24th of April, in the 30th year of his present Majesty's reign. then and there being the wife of Lewis Martin , did take to husband the said Samuel Lark , the said Lewis Martin being then alive, and that after the felony was done and committed, namely. on the 18th of January, she was apprehended and taken for the felony aforesaid. (The case was opened by Mr. Knapp.) GEORGE LINNING sworn. I am the clerk of the parish of Shoreditch. I produce the register book of the marriages of that parish, by which it appear that Lewis Martin and Catharine Connolly were married in this church, by banns, the 30th day of April 1782, it was before I was clerk. JOSEPH BUTLER sworn. I know the prisoner at the bar, I was present at the marriage of Lewis Martin , and the prisoner at the bar, I think it was in April 1782. Q. Do you know Lewis Martin? - Yes, very well. Q. You have seen him often? - I have not often lately, I have seen him lately; I have seen him within these two months. Q. What church were they married at? - Shoreditch church. Q.Look at that register, the name Joseph Butler? - It is my hand writing. Mr. Knowlys. Do you know Mr. Lark? - I have known him only since this matter has come forward. Q. Did you ever hear him say that he knew very well, before he married this this lady, that she was a married lady? - Yes. Q. Are you sure that Lewis Martin was alive two months ago? - Yes, I have seen him not two months ago. RICHARD HARRISON sworn. I am clerk of the parish of St. George's, Bloomsbury; I have got the register book of the marriages with me. Samuel Lark , of the parish of St. Dunstan's, in the East, batchelor, and Catharine Connolly, widow, were married at this Church, by licence, the 24th of April 1790, in the presence of John Boyle and John Brimsdale. JOHN BRIMSDALE sworn. I cannot recollect the parties; there have been a great many weddings since then. SAMUEL LARK sworn. Q. Was you married to the prisoner at the bar? - Yes, in the year 1790, at St. George's, Bloomsbury. Mr. Knowlys. I ask you, on your oath you have taken, whether you was not married by licence, and the licence was procured by yourself, was it not? - It was. Q. There you swear that there was no legal impediment to the marriage? - Not that I knew of. Q. Did not you, when you took out the licence, swear that there was no legal impediment to the marriage? - I did. Q. On your oath, did not you know that she was a married woman? - I did not. Q. You knew her first husband, Martin? - I knew Martin. Q. Have not you heard her call him her husband? - Yes, that was after I was married to her. Q.Then you never knew before you married her, that she was a married woman? - No. Q. Don't you know Mr. Norris? - Yes. Q. Did not you say to him, that you knew she had been convicted of a felony, and that was a bar to the first marriage, and therefore you married her? - No, I never said any such a thing. Q. When did you see Martin? - I never saw him till this business was in hand. Q. Did you never know nor hear that she was a married woman? - Not till after I was married. Q. Do you know a person of the name of Charles Cooper? - No. - CLARKE sworn. I apprehended the prisoner at the bar in the Old Bailey. Prisoner to Lark. When you asked me for marriage, I had lived with you eight months before, and did we not live together then in lodgings at Hoxton? - I think, to the best of my recollection, it was about three months after we had lived together at Hoxton. Prisoner. We had a coach to go to the Commons to take out the licence, and he gave me a ten pound note, and he had said before to me, that when he had some money come to him, without you will be my wife I will never live with you. Another day he bought me a pair of silver sugar tongs, a silver punch ladel, seven china bowls, two large ones, which we had one for our marriage bowl. When he urged me to marriage, I told him I was married; then he said that was nothing, for if I was cast for death, I was dead in law and to all; and when I asked him what name I must be married in? he said, I must be married in my maiden name. I never lived with my first husband but eight months; there he is, he knows what I say is truth. WILLIAM NORRIS sworn. I keep the Blue Boar, in Holborn; I have known Lark these nine or ten years, I have frequently been in company with Martin and Lark, and I have heard conversation about the prisoner having been married to Martin. CHARLES COOPER sworn. I know Lark; I have known him personally these ten years. Q. Did he ever give you any reason why he would marry that woman? - At the latter end of March, or beginning of April, in the year 1790, I was going up Drury-lane, and I went into a house and had a glass of brandy, while I was in Lark and two or three more came in, and one said to him, I hear you are going to be married to Kit Connolly; he said he was; they said they wondered how he would do that, when he knew she was a married woman; he said, damn me if I care about that, for that is all done away, and I shall marry her. GUILTY . (Aged 30.) Imprisoned two months in Newgate . Tried by the second London Jury before Mr. COMMON SERJEANT 225. HANNAH BENSON was indicted for stealing, on the 19th of February , a linen table cloth, value 3s. and two linen sheets, value 6s. the goods of William Silvester ; and MARY JEROME was indicted for receiving two linen sheets, value 6s. part of the aforesaid goods. WILLIAM SILVESTER sworn. I live in Half Moon-alley, Bishopsgate-street ; I keep a public house . On Thursday last I missed a table cloth, and I challenged Hannah Benson with it (she is my servant .) On Thursday, when my wife went up to look at the beds, she missed one sheet off Hannah Benson 's bed; and one off one of the lodger's bed the prisoner confessed that she had pawned them, and had given the tickets to Mary Jerome . Q. Was that confession taken in writing? - It was, I believe, at Guild hall. Officer. No, it was not. Q. To Silvester. Was any thing said to her to induce her to confess? - Yes, I said, Hannah, if you do not tell me what you have done, I have an officer in the house, and I will have you to prison. THOMAS APPLE sworn. I can prove nothing, only taking the prisoner into custody. - sworn. I am a servant to Mr. John Davis , a pawnbroker, in Bishopsgate-street. On the 19th of January a boy, about seven years of age, came with this sheet and asked four shillings on it; he said it was his mother's, and she lived in Half Moon-alley, Bishopsgate-street; I told him if his mother came with it, I would take it in; accordingly his mother came with it. - sworn. I produce a table cloth that I received of a woman, but neither of the prisoners. MICHAEL CONOLLY sworn. I have got a petticoat, but I did not take it in, the person that took it in is ill. Both Not GUILTY . Tried by the second London Jury before Mr. COMMON SERJEANT. 226. WILLIAM SULLIVAN was indicted for stealing, on the 21st of February , one live sow, value 2l. the goods of William Goodall . WILLIAM GOODALL sworn. I live at the Ram Inn, West Smithfield . On Friday evening last, about seven o'clock, I was in the house, and I heard the noise of people, I goes to the door, and I saw a man driving the pig along; I said, my friend, what are you going to do with that pig? he told me he found it in Pie Corner, and was taking it to the Green-yard; I told him that was not the way to the Green-yard, and I shall not let you drive it any further. It was my pig, it had this string about its neck; I can swear that it is my pig, there is a mark on it that I know it to be mine, a slit in the ear, I bred her, she is in pig now again, and is in the yard now. Q. Where did you use to keep her? - In the yard. Q. You know that pigs are not to be kept in London? - Upon my word mine is a very large yard. Q. Has she the liberty of the whole yard? - She has. Q. Then she may take a walk into Smithfield if she pleases? - She may. Q. This was seven o'clock in the evening? - It was. Q. Was she locked up? - No. Q.Not was your yard locked? - No. He was driving it down Chick lane, and not to the Green-yard. - sworn. About seven o'clock I went out and heard the pig cry, and I went out thinking it was some of ours; my master keeps some; I ran up to Smithfield, and that man then had the string to the leg of the pig, and Mr. Goodall took it into his hand and took it home; he was going the wrong way to the Green-yard; then Mr. Goodall directly lays hold of him, and sends for an officer and charged him. LAZARUS JACOBS sworn. I know no more than taking the charge Friday night seven o'clock, he said he found it running along the street, and he was going to take it to the Green-yard. NOT GUILTY . Tried by the second London Jury before Mr. COMMON SERJEANT. 227. EDD MURRAY was indicted for uttering, on the 24th of January , a counterfeit six-pence , to Mary Mackerell , spinster . Indicted in a Second COUNT for having about him, on the same day, another counterfeit six-pence. MARY MACKERELL sworn. I am a servant to Mr. Ratten. On Monday evening, about eight o'clock, the man came into our shop, the man Edward Murray did, it was on the 24th of January, and he asked for a penny candle; I asked him which he pleased to have, a long one or a middling one? he said a middling one; I cut him a middling candle, and he throwed down a six-pence, I looked at it, and told him I thought it was not a good one, (we sell candles, cheese, butter, and every thing in chandlery,) I sent out for six-penny worth of halfpence, I sent it out; he put it down, I gave it to Hannah Tabley, and she took it over to Mr. Brisen's, the baker, she came back, and I asked her for the change; she said Mr. Brison was coming in with it, and Mr. Brison followed in immediately, and Mr. Brison came in with the six-pence, and said it was not a good one, and searched him, and found two more on him, and he asked him if he had not more about him? he said he had one more shilling about him; Mr. Brison asked him if he would let him look at it? and Mr. Brison looked at it, and that was a very good one, Mr. Brison asked him if he had got any more? and he said no. Q. Did you observe where he took that thilling from? - No, I did not. Mr. Brison asked him if he had got any more to pull out? if not he would search him, for he had authority. Q. Did Mr. Brison search him? - Yes, he was going to search him, and the prisoner pulled out two six-pences out of his pocket, and was going to drop them, and Mr. Brison took them out of his hand. Q. In what way did the prisoner take them out? - I did not see, but I saw the six-pence when Mr. Brison took it out of his hand, and I saw him take them out of his hand. Q. What was done with all that money? - I don't know. HANNAH TABLEY sworn. Q. My girl, do you know what will become of you if you swear false? - Yes, go to the naughty man. Q. Did you serve in the shop of Mr. Ratten's? - No. Q. Do you remember being there on the 24th of January last? - Yes. Q. Did you see the prisoner there? - Yes. The servant Mackerell gave me a six-pence to go and get change at Mr. Brison's, I went to Mr. Brison's, and he looked at it, and said it was a very bad one. Q. Did you deliver it to Mr. Brison? - Yes, and he brought it back with me to the shop. - BRISON sworn. The last witness applied to me for sixpenny worth of halfpence, in change for six-pence; I looked at the six-pence and I saw it was a bad one; says I, did the servant give you this six-pence? I took the six-pence back, there I saw the prisoner, I asked him if he had got any more money? he said, yes, he had one shilling, which he produced, one from his right side breeches pocket, that was a good shilling; I said, have you got any more? he said no, he had not got any money about him; says I, if you have any more produce it, and if you do not produce it yourself, I will search you, he then took out a second shilling, which was also good, from the same side; says I, have you got any more money? says he, no; says I, I am determined to search you; I had hold of him to search him, and he pulls out one bad six-pence out of his pocket in this manner, behind him, from the same side; I am certain of it, I then took him by the hand, says I, what have you got here? only sixpence, says he; I then took and searched his pockets, and I found another bad sixpence. Q. Did you take any thing from him when he said only six-pence? - I catched his hand and opened his hand, and took the six-pence. Q. Was that taken from the same pocket from whence he took the shillings? - It was from the same side, he had on two pair of breeches. Q. Where did you take the last sixpence from? - From the same side out of the pocket of an under pair of breeches. Q. Could you distinguish whether they all came from one pocket? - I could not, having two pair of breeches on. Q. Have you kept all the three sixpences? - Yes. Q. You carried him to the Computer, I believe, immediately? - I did. Q. Did you search him again? - An officer that was there searched in my presence, and fourteen-pence halfpenny farthing was found on him in copper, it appeared to be taken from the under pair of breeches. Q. Have you the three six-pences in your possession? - I have. Q. Can you distinguish which was the one that was brought to you? - Yes, I marked them. PHILIP JOSLING sworn. I searched the prisoner, and in his second breeches right hand pocket, I found this fourteen-pence halfpenny farthing in copper, which I have kept in that state ever since. Q. Did he deny having it there? - I did not ask him. Q. Where they breeches or trowsers over the breeches, or two pair of breeches? - They were a pair of trowsers, and a pair of breeches underneath. WILLIAM PARKER sworn. I am a silversmith; I attend to examine the money for the Mint prosecutions. These three six-pences are every one counterfeits, and nearly alike, as nearly as possible. Prisoner. The humble defence of Edward Murray, sheweth, That he was committed to prison, for offering a piece of counterfeit money, resembling a six-pence. Not knowing it to be a counterfeit, deign, my Lord and Gentlemen, to permit an unhappy captive to let his defence be read, not having fluency of speech to speak. About the latter end of January, having occasion to buy a candle, I went into a shop for that purpose, and paying, as I thought, a good six-pence, the shop-keeper, not having change, she sent her servant to get it, who returned and brought a constable with her, who insisted on searching me, and found two bad six-pences on me, which I took as good, but they shewed they were bad, by wearing them in my pocket, and of course did you offer to pass them; I had likewise fourteen-pence in halfpence in my pocket, the property of another labourer, who worked with me, but having a hole in his pocket, he desired me to put it in mine; all of which money was taken from me by the constable. I humbly beg leave to implore you that I am innocent of offering the money, knowing it to be bad, as I had not long before taken it before for good for my labour; I have bad, for two days past, people to prove it, and having nothing but my labour to depend upon, humbly beg that this honourable Court will consider my case, and mitigate it according to your wisdom and judgment. GUILTY, on both Counts . (Aged 35.) Imprisoned one year in Newgate , and to find security for two years . Tried by the second London Jury before Mr. RECORDER. 228. THOMAS HODSON was indicted for uttering, on the 25th of January , a counterfeit half guinea , to Mary Lee , widow . (The case opened by Mr. Cullen.) MARY LEE sworn. I keep an old clothes shop in Field-lane, West Smithfield ; I am a widow. The prisoner at the bar came to my shop, on the 25th of January, and agreed for a second hand shirt, and I agreed to sell him one for three shillings and sixpence, and he asked me if I could give him change for a half guinea? and I told him I could; he gave me a piece of money resembling half a guinea; I put it into the scales, and I found it exceeding light; I says to my little girl that is here, Sarah Lee , go to Mr. Bell and ask him if this is a good half guinea; Mr. Bell came with the half guinea, and a person who is in Court now, and gave charge of him as a very bad half guinea. Q. Did you not tell him the money was bad? - He knew it, we told him it was bad; he said he did not know that it was bad. Q. Was the prisoner searched in your presence? - He was. Q. Who searched him? - An officer, there was found on him some scales, and weights, and likewise some stuff to rub the money, to make it look brilliant and fine. Q. What became of the half guinea? - It was put into the officer's hands by Mr. Beil, I saw him, his name is Bladen. Q. Was there any thing else found on him? - A pocket book, it contained a few bills, no other money at all. SARAH LEE sworn. Q. How old are you? - I am going of fourteen, I know if I say any thing that is bad I shall go to a naughty place. I am the daughter of the last witness; the prisoner was buying of a shirt for three shillings and six-pence, and he wanted change for half a guinea, and he gave my mother the half guinea, and my mother put it into the scale and found it very light, and she said, Sally, go over to Mr. Bell with this nere; and I did directly, and I and Mr. Bell came back with it directly. Jury. Did you ask Mr. Bell to change the half guinea? - No, I asked him to look if it was a good one? and he said no. I gave it to Mr. Bell. Q. When Mr. Bell and you returned to the shop, what was done with the half guinea? - Mr. Bell gave it to Mr. Bladen, I see him do it. SAMUEL BLADEN sworn. I am a patrole; I went into the shop at this time, Mr. Bell called me in along with him, and this is what I found, I searched him there, and I found a pair of scales and weights, and this here stuff in his pocket, but no money at all. Q. What is that stuff? - I don't know. WILLIAM PARKER sworn. This stuff is a composition of metal, which they generally make use of when they make this kind of money, it is generally a composition of copper and pipe silver; we always find something of this sort of the most reputed utterers of gold, they cannot make a composition without it. Court. Would that composition go to the making of half guineas or guineas? - I have known it to be the case several times. Q. To Bladen When you came to the shop what past then? - Mr. Bell told me this man has got a bad half guinea, take him into custody and search him, and I found this composition, and he took it back again and put it in his pocket; I said this, you must not take that, I must take that along with me; he said that he had received this half guinea of his master, for two days work; I told him that it was very odd that he should receive half a guinea for two days work, and being a smith, he had said that his master was a smith, and he was in the farriering line himself, he said his master lived in some street the top of a market; me and my fellow officer went and found the master, and he said he had not worked for him these two years. Q. Do you know what became of this half guinea? - My fellow servant has got the half guinea, (Willey) I gave it him myself, Mr. Bell gave it me, and here it is. - BELL sworn. I keep the Crown. The witness Sarah Lee, came from her mother to let me see a half guinea, whether it was good or not; I took it in my hand and told her I thought it was a bad one; I went directly over the way with it to Mrs. Lee's house, I asked him where he had it? he said he had it of his master; I told him it was a very bad one; he said his master gave it him; I kept the half guinea in my hand, and I thought I had some knowledge of him before, so I called the patrole, who is an extra patrole, and had him searched, but no more money was found on him. RICHARD WILLEY sworn. I am a patrole belonging to St. Sepulchre's. The prisoner was brought up to the watch-house about ten o'clock at night, we stopped a few minutes, and then we examined him; he said he had the money of his master for two days work; says I, whereabouts do you live? he said, he did not know; says I, are you a stranger in Town? he said no; but he would not give any more account for the best part of an hour. I have the half guinea, I had it from Bladen. Mr. Parker. It is a counterfeit, it appears to be quite new. Prisoner. I was doing some work for a person in the farriering line, and it came to half a guinea, and I received the half guinea for it; I had had three guineas in my pocket, when I came home I got a guinea changed, so that I did not know whether it was the half guinea that I had taken of that gentleman in the morning, or the half guinea that I got in change. This day I called, as I came along up Field-lane, where this gentlewoman lives, and I asked her if she would sell me a shirt? she said she would, I agreed for a shirt, and was to give her three shillings and six-pence for it, and I said I have not any silver at all without you give me change for half a guinea, I laid it down, and she weighed it and said it was light, she was afraid it was a bad one; I said I cannot tell where I took it, except I took it of my master; she said, I will send it over the way to a gentleman. If I had known it had been a bad one I had time enough to go away; as soon as the gentleman came I resigned myself up to be examined in every respect. As to that stuff, if it was touched with a hammer it would break all to pieces, it is what I had used in my business. NOT GUILTY . Tried by the second London Jury before Mr. RECORDER. 279. ELEANOR BOWLING and ANN KELLEY was indicted for uttering, on the 25th of January , a counterfeit half guinea , to Sophia, the wife of John Taylor . Indicted in a Second COUNT for uttering another counterfeit, on the same day, to John Willis . Indicted in a Third COUNT for having another counterfeit six-pence about them. SOPHIA TAYLOR sworn. Q. Do you remember being at Mr. Willis's, at the Bell, in Fleet-street , on the 25th of January last? - Yes, I do; I remember the little woman coming then, I am a relation of Mr. Willis's, and assist in the business; she asked for a glass of gin at the bar, and I gave it her; she gave me a six-pence to change to pay for it; I thought it was not a good one, Mr. Willis was in the bar at the same time, I turned about to him, and I asked Mr. Willis whether it was a good one? he said it was, and he put it in the till. Q. Was there any other money in the till? - Two shillings, but no six-pences. Q. When had you looked at the till before? - Not above three minutes before I took a six-pence out; after the woman was gone I looked at it, before I had taken the six-pence out of the till the other prisoner came in. Q. What did you do with the six-pence when you took it out? - Mr. Willis took it from my hand and put it in a bit of paper. Q. When the other came in, was the first woman gone? - She was; I was present when she came in, but I did not take any notice. JOHN WILLIS sworn. I keep the Bell, in Fleet-street . I remember the woman with the child coming into the house, Eleanor Bowling , I did not see the other till afterwards. Q. On what occasion did she come to your house? - She came to get a glass of liquor, sometime about the 25th of January last, the same day as Mrs. Taylor speaks of. Q. Did she come before or after the other? - After the other; I was in the bar when the other came, but I did not see her, Bowling came in and asked for a glass of liquor, which when served, she tendered me down a six-pence, which I supposed was a bad one; this might be five minutes after the other, it was not more, I gave her the gin, and she tendered me in payment the six-pence, I thought it had been a good one at first, but on inspecting it more particularly, I found it to be a bad one. Q. What did you do with that sixpence? - I have got it in my pocket now. Q. Did any thing pass between you and Mrs. Taylor on that occasion? - There was nothing passed between me and Mrs. Taylor about that six-pence, but about the former one; I was sitting in the corner of the bar at tea, and Mrs. Taylor got up to serve the little one, Cooley, and she gave me a six-pence, which she shewed to me before she gave change; I returned it to Mrs. Taylor again, and I thought it was a good one, Mrs. Taylor put it in the till. Q. Did you see her put it in the till? - Yes. One of the officers came in and asked whether there had not been a little woman come in to ask for some drink, and what she gave? Mrs. Taylor said, she gave six-pence, and he desired to look at it, and she took it out of the till, and gave it to the officer; I got up, and while we were talking about the sixpence, the other woman came in. I have got the six-pence taken from Cooley, and the six-pence taken from Bowling. While the officer and me were talking about that six-pence, the big woman came in (Bowling.) Q. After Bowling came in, and tendered the six-pence to you that you have got, what happened then? - While I was talking of it to the officer, the other woman came in, and asked for a glass of gin, and she offered a bad sixpence, which I have kept, and Jostling the officer, he went to a place at our bar, at a distance, and when I pronounced it a bad one, he went and laid hold of Bowling, and took her into the room, and searched her; the other two officers brought the other woman in, and they were searched both together, I was there present; the officers brought in the other while we had got hold of the great one. Q. Did all the three officers and women go both together in the other room? - Yes, there were some halfpence, and some good half crown pieces found, I cannot particularly say to the number, the litil cone dropped a bag on the ground, I heard it crop. PHILIP JOSTLING sworn. On the 25th of January, I and the two next witnesses, brother officers, were on duty, going up Fleet-street we saw the two women at the bar standing at a seed shop, just opposite water-lane; the next witness, Newman, says, I think there are two smashes; we then crossed over the way and I watched them directly, as they came out I went and asked the gentleman whether that woman had pursued any thing; we saw them in company for ten minutes together, we then followed them to Salisbury-court, and the tall woman, she went into a baker's shop, I observed then the little woman, she went into a cheesemonger's, almost opposite; we then followed them till they came to this Bell, public house, and the little woman went in, and directly as the came out I went in, and I saw this lady at the bar, Mrs. Taylor; I asked her whether the woman that was in just now, had had any thing to drink? she said, she had had a glass of gin; I asked her to let me look at the silver she brought, she shewed me the sixpence, I said it was a bad one, Kelly was not there then, it was not two minutes in the whole, while I was looking at the six-pence, the tall woman, with the child came in, directly as she came in I stipped into the tap-room, and she called for a glass of liquor, and tendered a six-pence, directly as she tendered that, I ran out and looked at it, and laid hold of her, and when I laid hold of her and challenged her with being an utterer of bad money, she dropped this half crown, and this bad six-pence; I then sent the waiter to tell the brother officers to bring the other woman in, the officers came in with the little woman, and when they brought her in she dropped her pocket, my brother officer has got it here; Newman picked it up, it had twenty-two six-pences, and a quantity of halfpence; Newman has kept the bag ever since; I searched the tall woman, but I found no more money about her. Prisoner Bowling. I was at work all the day long. JAMES NEWMAN sworn. I am an officer, I was with the last witness in Fleet-street, I saw Mrs. Cooley go into a feed shop, before that I saw the two prisoners both standing together, talking together, but what we could not hear, then we followed them into Salisbury court, there the tall one goes into a baker's, and buys a loaf, and I saw the little woman walking backwards and forwards, waiting for her; and then they went into a cheesemonger's shop, Cooley comes out then, and goes to the end of Salisbury court, and they both went together down Fleet-street, till they came to the Bell, Mrs. Cooley went into the Bell, and we watched Mrs. Bowling standing at the corner of Brides-lane, about four or five yards within view of the house; when Mrs. Cooley came out, J stling, the officer, went over the way to the Bell, I was watching them the mean while, and then Mrs. Bowling she went into the Bell, and Mrs. Cooley walks backwards and forwards, Mr. Jostling sends out for us to bring Cooley in; I went to Mrs. Cooley and takes hold of her, and leads her into the public house, as soon as we got into the tap-room, she drops the bag from one hand, and from her other I takes out a good half crown, and a bad six-pence. Q. Had you seen that bag before? - I had seen Mrs. Bowling give Mrs. Cooley something, but what I could not see, it was something like a bag, when Mrs. Cooley came out of the public house; after that I looks over the bag, and I found nineteen had six-pences in one lot, and one bad shilling and two bad sixpences in a bit of blue paper; I found two shillings and four-pence halfpenny in the bag, in another bag, here are three bags all in one bag. Q. Was there any thing in the third bag? - No. JAMES DEAN sworn. I am one of the officers that was at Mr. Mason's on this occasion; I searched Bowling, I found a shilling and sixpence, good silver, and four-pence in halfpence, all good money Q. Did you find any thing about her that was bad? - None at all. WILLIAM PARKER sworn. These two six-pences produced by Mr. Willis, are counterfeit; this six-pence produced by Jostling is counterfeit; this six-pence taken from Cooley's hand, is the same; these two in a bit of blue paper, they are both the same, the nineteen are all counterfeit, every one, and the shilling. Q. To Willis. Were the prisoners searched before or after you had taken that six-pence of Bowling? - After; there was some monies found in Cooley's hand after that, and Bowling was not searched till the two officers had come in with Cooley, when they were both searched together; the prisoner Bowling, dropped the six-pence first, before the other was brought in, the bag was dropped from Cooley after that. Prisoner Bowling. This is all spite of the officers against me; the last lottery I had won eleven pounds of a lottery office, and I employed Mr. Jostling and Mr. Newman to get it, and promised them a guinea a piece if they would get me my money. As for this woman I don't know her, I never had but four-pence and four shillings, and I was going to my children, and at Water-lane I went in to get a two-penny loaf, and I went into this gentleman's house, and I called for a glass of peppermint, and he refused the six-pence, sir, says I, if you don't like it, I have got another, and Mr. Jostling laid hold of me; as for this woman I know nothing about, I have got people here that will give me a good character, of being as hard a working poor slave as ever lived. Prisoner Cooley. I was going to Fleet-market, and I met this woman, and she told me that she found that money, that silver, she said if it was good, she would make me a present out of it, and desired me to go into a seed shop, to get half a pint of split pease, and he objected to the sixpence; and she sent me to get half a pound of eight-penny butter, and I missed her when I came out, presently I see her come out of a baker's shop with a loaf, she asked me then to have something to drink, and to go into that shop? I told her no, I would not go without she went with me, but she insisted that I should go, and I gave that lady the six-pence, she shewed it to a gentleman, and he said it was a very good one, and I came out, and she gave me the bag, and the two runners came and took me, and when I went in she denied me at first, but afterwards she owned me. Prisoner Bowling. I never knew any thing of her, and Jostling gave her a shilling at the Poultry Compter, to say what she did. The two prisoners called three witnesses each, who gave them good characters. Court to Willis. Did you take the sixpence that Bowling offered? - Yes, I took it, and gave her change. Eleanor Bowling , GUILTY . (Aged 26.) Ann Cooley , GUILTY . (Aged 26.) Imprisoned one year in Newgate and to find security for two years more . Tried by the second London Jury before Mr. RECORDER. THE OPINION OF THE JUDGES, ON THE CASE OF JEREMIAH READING , AS DELIVERED BY Mr. JUSTICE BULLER. JEREMIAH READING , you was indicted and tried at the last September Sessions for forgery. The indictment stated that you having, in your custody, and possession, a certain Bill of Exchange, with the name of John White subscribed thereto, purporting to be signed by John White , and to be directed to one John King , by the name of John Ring, Esq. for the payment of the sum of eighty pounds, payable to you the said Jeremiah Reading or order, forty days after the date thereof; and that you on the 29th of February did forge and counterfeit, and did willingly act and assist in the forging and counterfeiting on the back of the said Bill of Exchange, an acceptance, in writing, to the tenor following, John King, A. with intention to defraud William Dalby and Richard Brown . It was proved that you negociated the Bill of Exchange, in the words and form as stated in the indictment. That at the time you negociated it you told Mr. Dalby, the prosecutor, to whom you tendered it on account of himself and his partner, that Mr. King lived in Bartlett-street, Portman-square, and that he was a man of opulence; it was also proved in evidence, that there was no such person of the name of King, living in Bartlet-street, Portman-square. You, indeed, attempted to prove, by witnesses, that a man of that name lived there, and that he accepted the Bill, the jury did not believe your witness, on this evidence they found you guilty. There was no doubt, either on the minds of the court or jury, on the evidence that was adduced against you, but that the fact of forgery was fully established; and it also seems to have been accompanied with some aggravating circumstances on your part, inasmuch as you called witnesses to prove a palpable perjury; for it is stated, by the report, that those witnesses that were called by you were disbelieved in the evidence that they gave. After that the fact was established against you, the learned judge, before whom you was tried, with his usual caution, examined the indictment itself; it does not appear that any objection was made, either by yourself, or any body on your behalf. But the learned judge having conceived a doubt, in his own mind, he reserved your case for the consideration of all the judges in England. The doubt arose on that part of the indictment which states, the Bill to purport to be directed to one John King, by the name and description of John Ring . The court entertained a doubt, whether this mode of proving it could be good in point of law; now it is clear that where an instrument is set forth of that description, as purporting a particular fact, it necessarily means, that what is so stated, being of the purport, should appear on the face of the Bill itself; and whoever drew this indictment seems to have been drawn into a great blunder, by not considering what was the original state of the Bill, and what was the appearance of it, after the acceptance was put on it; and it does not seem that the person knew under what terms, or by whom the Bill might or might not be accepted. On the face of the Bill, which is the only thing to be considerd, when we examine this averment, nothing more appears than that the Bill is a Bill of Exchange, drawn by John White , on John Ring ; therefore, when the indictment says, drawn on John King, purporting to be John Ring , it is absurd and repugnant to itself, for the name or description of any one thing cannot be purporting for another. Though the Bill was drawn on John Ring, it might have been accepted by John King , for a Bill might be accepted by other persons than to whom it is directed, when it is accepted for the honour of the drawer, or any of the endorsers. But this blunder, which makes the indictment absurd and repugnant in itself, is sufficient reason, as considered by all the Judges in England, to arrest the judgment against you; but though the judgment, on this indictment, shall be arrested, yet you are not to be immediately discharged out of custody; for this is a case in which the opinion has been founded, not on any proof of innocence on your behalf, but merely on a blunder in the form of the indictment. The prosecutor is at liberty to indict you again on this offence, and for that purpose you are to remain in custody to the end of the sessions.

OBP

17940219

17750913

In the Fifteenth Year of His MAJESTY's Reign. Being the Seventh SESSION in the MAYORALTY of The Right Honourable John Wilkes , LORD-MAYOR of the CITY of LONDON. Taken in SHORT-HAND by JOSEPH GURNEY . NUMBER VII. PART I LONDON: Sold by T. BELL, at (No. 26.) the Top of Bell-Yard, near Temple-Bar [Price SIX-PENCE.] THE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer and Gaol-Delivery, held for the City of LONDON, &c. BEFORE the Right Honourable JOHN WILKES , Lord Mayor of the City of London; the Honourable Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas*. Sir HENRY ASHHURST , Knt. one of the Justices of his Majesty's Court of King's Bench+. The Honourable Sir BEAUMONT HOTHAM , Knt. one of the Barons of His Majesty's Court of Exchequer||; Mr. Serjeant GLYNN, Recorder ++; Common Serjeant~; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex. The *, +, ||, ++, and ~, refer to the Judges by whom the prisoners were tried. (L) London Jury, (M) First Middlesex Jury, (2d M) Second Middlesex Jury. London Jury. Richard Heatley George Resdale James Marriot Samuel Hanson Thomas Bennett William Smalman Stephen Adams William Palmer Alexander Sutton Thomas Hopkins Charles Leadbetter John Egerton First Middlesex Jury. Sampson Rainforth Ralph Williams William Gyblett Thomas Dawson James Wilkinson Robert Williams George Coupland Thomas Darne John Watts Charles Kershaw Dodd Cooke William Orton Second Middlesex Jury. George Musson William Holmes Thomas Stevens James Nelson George Soward Thomas Dobson James Bramble John Jack John Stears John Sarflen James Ward William Frisby . James Stregent served part of the time in the stead of James Ward . 578. (M) WILLIAM GOSLING was indicted for stealing a blue cloth great coat, value eighteen shillings; the property of Charles Grave Hudson , Esq ; and a red and white linen handkerchief, value six-pence; the property of Robert Holmden , August 24 ||. Robert Holmden . I am coachman to Mr. Hudson. I lost a box coat and a coat and waistcoat out of my master's stable at Mortlock in Surry . On the 23 l of August I saw them about half after eight at night, and missed them about five o'clock next morning; I found them at the house of one Mr. Madan, a salesman, in Rag-Fair, on the 25th; I told him they were stole from my master, and asked him how he came by them; he said, he bought them, and went out and brought to me a man, he said, he bought them of: he is here; I know nothing of the prisoner of my own knowledge; I have the coat and waistcoat in the handkerchief that was in the pocket: I asked Madan, if he bought a handkerchief; he said, yes, and produced that too. (The box coat was produced in court, and deposed to by Holmden.) Lawrence Mc.Carty . I am an old cloaths man, I bought the great coat and a coat and waistcoat of the prisoner and another man, at a public house, the coach and horses, Ratcliff-Highway. I never saw the prisoner before, but have seen him several times since, and I am sure he is the man. I bought them the day before Holmden came and found them, I gave fourteen shillings for the box coat; I bought the coat and waistcoat for sixteen shillings and a pot of beer, I sold them to Mr. Madan a salesman in Rag Fair the same day, the box coat for eighteen shillings and six-pence, and the coat and waistcoat for twenty shillings. Matthias Chambers . I am servant to Mr. Madan, I bought the box coat of Mc.Carty for my master. Prisoner's Defence. I know nothing at all of the things. Guilty . [Transportation. See summary.] 579. (M.) THOMAS YOUNG was indicted for stealing a chesnut-coloured gelding, value ten pounds , the property of Thoman Hillson , July 24 +. Thomas Hillson . On the 24th of July, I lost a horse out of a field near the two mile stone, on the Bow road ; I missed it the next morning. On Friday the 4th of August, one Mr. Brooks, a Brewer at Stratford, who had lost a horse some time before, informed me he had received a letter from a gentleman at Rye, giving him information of the horse he had lost, and describing another horse which he believed to be mine, and that his son and one Stevens were going to Rye to take the man in whose possession it was found, and if the other horse was mine, they would send me a line. I was sent for soon after to Sir John Fielding 's, there I saw the prisoner and my horse; I am sure the horse, I saw at Sir John Fielding 's was mine. William Stevens . On the 4th of August between eight and nine in the morning, I took the prisoner on Mr. Hillson's horse in Fair-Street, Horslydown; I put him in a coach and I rode the horse to Sir John Fielding 's; I left the horse at the White Hart near Bow-street, with orders not to deliver it to any body till I came for it; when I returned, I saw Mr. Hillson at Sir John Fielding 's, I went with him to the stable, and shewed him the horse I found the prisoner upon. Q. to Hillson. Was the horse you saw in the stable at the White Hart, your horse? Hillson. Yes. John Brooks . I was with Stevens when he took the prisoner upon the horse; we had a description of the man, being on my father's horse at Rye. The prisoner said nothing in his defence. Guilty Death . 580. (M.) MARY DYMOND was indicted for stealing a garnet necklace, value twenty shillings, a French bead necklace, value one shilling; a gold locket, value ten shillings; a linen napkin, value sixpence; one hundred French beads, value one shilling and sixpence; a two foot rule, value one shilling; two womens linen waistcoats, value one shilling and sixpence; and three stone hairpins, value one shilling , the property of James Spilsbury , September 4th . * James Spilsbury : I am a warehouse-man in Tavistock-street, Covent-garden . I sell all sorts of womens apparel. The prisoner lived servant with me about eight months. Having had several losses, I suspected her. On the last Sunday se'night, a handkerchief was found, by a servant of mine, concealed in a hamper, in my coal cellar, containing forty or fifty different articles. This alarmed me exceedingly. I went the next morning to Sir John Fielding 's and got a warrant, and charged a constable with the prisoner. I examined her boxes. She shewed them very readily. She gave the keys of such as were locked. In the boxes, I found the things mentioned in the indictment. There were three boxes. They were in the upper room of the house, where the prisoner lay; but there was another woman servant lay in the same room. George Turton . I am a constable. I was present when the boxes were searched. Two of them were locked, and one was unlocked. The prosecutor and I demanded to see what were in her boxes. She delivered the key of one of the boxes, and in that box, I found the two womens waistcoats; and there was a necklace in the box. I found all the things mentioned in the indictment in the boxes (producing them.) I have had them in my custody ever since. Spilsbury. I am sure part of the things were in the box that was locked. The rule and the French beads are mine. I made the necklace myself. I can swear to this small necklace. I bought it for a nobleman for one of the masquerade dresses. The gold locket was a present from the Dutchess of Ancaster to my daughter. The linen waistcoats are my wife's. I can't swear to them. "The linen waistcoats, gold locket, and the "linen napkin, were likewise deposed to by "Mrs. Spilsbury." Prisoner's Defence. The linen waistcoats, with other old linen, were given to me by Mrs. Spilsbury's sister. found the locket at the shop door. The beads I swept up from different parts of the floor: Mrs. Spilsbury. They are part of my child-bed linen. My sister did not know where they were kept. Guilty . [Transportation. See summary.] 581. (M.) JOHN WILLIAMS was indicted for stealing two silver table spoons, value ten shillings; three silver tea spoons, value five shillings; a linen shirt, value five shillings; six yards of corded dimity, value twelve shillings; a piece of muslin, value fifty-five shillings; a pair of silver spurs, value twenty shillings; a silk handkerchief, value six shillings: a size jacket, value twenty shillings; and three pair of silk stockings, value fifteen shillings, the property of Rowley Lascelles , in his dwelling-house , August 26th . || Acquitted . 582, 583, 584, 585. (M.) DANIEL EAST , GEORGE CUTHBERT , THOMAS COOK , and JOHN FAGAN , were indicted for stealing a leather trunk, value five shillings; a cloth coat, embroidered with gold lace, value three pounds; a pair of cloth breeches, embroidered with gold lace, value forty shillings; a silk coat, embroidered with silver, value three pounds; another cloth coat, value three pounds; a pair of silk breeches, value twenty shillings; a blue silk waistcoat, trimmed with gold lace, value fifteen shillings; a green silk waistcoat, trimed with silver lace, value ten shillings; two gingham waistcoats, value twenty shillings; three pair of white linen drawers, value ten shillings; sixteen linen shirts, value forty shillings; ten pair of silk stockings, value five pounds; twelve cambrick stocks, value thirty shillings; twelve cambrick handkerchiefs, value twelve shillings; and four pair of lace ruffles, value forty shillings, the property of Charles Talbot , Esq ; four linen shirts, value twelve shillings; five muslin neckcloths, value ten shillings; three pair of worsted stockings, value six shillings; four pair of thread stockings, value eight shillings; a pair of nankeen breeches, value five shillings, the property of William Mares , August 25 . + William Eyres : I am servant to Captain Talbot , the prosecutor. On the 23d of August, I packed up my master's trunk. It contained the several things mentioned in the indictment (repeating them.) I was present when the trunk, containing the several things, was put upon the chaise at Portsmouth. My master set out from Portsmouth, and got to town that evening, and then set-out for Ellington; about one without any servant. James Ray . I was at Ellington when Mr. Talbot came there. The trunk was not behind the chaise then. It was found about the fourth mile stone, in Acton bottom, in a ditch. It was lost upon Friday, and found the Monday following. The trunk was cut, and the lock broke. There were many things left in the trunk; but there were likewise a great many taken out. Charles Barnes . I assisted in putting the trunk upon the chaise, and strapped it across with two straps about the middle, and each end was fastened with a halter, so fast, that it could not possibly fall off. Richard Ellerton . I helped to tie the trunk upon the chaise. I drove Mr. Talbot to Ellington. I saw four men between Shepherd's, Bush and the King's Arms. I am sure the prisoner East is one of them. The reason why I spoke to East, is, I observed him in the road, and thought he intended to get up to ride behind the chaise; therefore I kept my eye upon him till we came to the turn of a hedge, then I looked no farther. William Bernard . On the 25th of August, Captain Talbot 's servant came to Sir John Fielding 's, and gave us information, that his master had lost his trunk from behind his chaise, between London and Ellington. Mr. Bond immediately sent some men to Hyde Park, some to Pimblico, and some to Tyburn turnpikes, and desired them to stay all night if the men did not come. I was stationed at Hyde-Park-Gate. About eleven o'clock, I saw the four prisoners coming, all loaded. I laid hold of Fagan. He had a double bundle with him; and the other three immediately set off towards the Lock Hospital. I called out to two other men that were with me to pursue them. I took two bundles from Fagan, containing several things. I only kept this pair of silk stockings, and a pair of nankeen breeches (producing them). The rest were given back to Mr. Talbot. Eyres. The silk stockings are my master's property, the breeches are my own. I was present when the rest of the things contained in the bundle were delivered to my master, all of which were my master's property. John Barnard . I took up the trunk not far from the place where it was cut off. A man had found a strap thereabouts; so myself and two others went in search of it, and found it in a ditch with a cord upon it. Robert Hall. I found the strap the same day the trunk was stollen, about two in the afternoon, about three or four hundred yards from the four mile stone. (" The straps were inspected by the court "and the jury, and clearly appeared to have "been cut.") John Jennings . I went to the turnpike after Barnard, and was present when the men came there. Barnard called to me to run down towards the Lock. I ran; I saw East with his back against the rails facing the Queen's garden; he had a bundle; I secured him; there were several things in it; amongst the rest, this shirt and handkerchief, ( producing them.) (" Eyres deposed, that they and the other "things which were contained in that bundle, "and were delivered up, were the prosecutor's "property, and were in the trunk when it was "lost.") Charles Jealous . I was present with Barnard at the turnpike. Barnard laid hold of Fagan. I pursued the rest of them. There was a watchman in the road. I called out, and we stopped Cuthbert and Cook. I tied their hands together. Upon Cook I found a pair of ruffles. (They were produced in court, and Eyre deposed that they were his master's property.) Jennings. Upon East I found a pocket handkerchief; Cook said, if you look into the road you will find a blue bundle; I found it accordingly; in it were a shirt and a pair of stockings. (They were produced in court, and Eyre deposed that they were his master's property.) James Fox . I am a watchman. Upon hearing an outcry I stopped Cuthbert and Cook, Cuthbert had a handkerchief full of things; amongst other things a pair of silk stockings and a handkerchief, (they were produced in court, and Eyre deposed that the stockings were his master's, and the handkerchief his own property.) Cuthbert's Defence. I was going to Brentford along with a waterman to see a cricket-match at Kew Green; coming back just by Walham Green, I had occasion to ease myself, going near some logs I saw this bundle lay; I desired this young man to help me to take the bundle up: East asked me where I got it; I told them, when they lifted it upon my back I could not carry it. Cook said we had better put it in different handkerchiefs, and carry it towards home. I live in Westminster; Fagan was going to the turnpike, I said they had better go on the right hand by the dead wall, that was the nearest way home, and we would keep the things till they were advertised. Jealous came up, the watchman laid hold of me first, and asked me, what I had got; I said a bundle I had found. Another of the prisoners, Jealous said, this man called out to him and Jennings to run after me. Does it stand to reason that this watchman, who could hardly run, could have stop'd me, if I had chose to make my escape. All four Guilty . [Transportation. See summary.] 586. 587. 588. 589. 590. (M) THOMAS WILLIS , THOMAS DAVIS , WILLIAM TOMKINS , ARCHIBALD BERRIDGE , and CHRISTOPHER, otherwise EDWARD ORNSBY , were indicted, for that they on the king's highway in and upon Richard Evans did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a man's hat, value six-pence; three shillings in money, and ten copper half-pence, the property of the said Richard , August 26 *. All five Acquitted . 591. (L) JOHN DENNISON was indicted for stealing four ounces silver, value fifteen shillings , the property of Thomas Cox and William Watson , September 1st . ++ Acquitted . 592. (L) JOHN BLAY was indicted for stealing a linen handkerchief, value ten-pence the property of Edward Owen , August 26th . ++ Edward Owen . On the 25th of August, about half after twelve o'clock in the morning, I stop'd to make water in Ivy-Lane , the prisoner and another man came up to me and seized me, they rummaged my coat pockets and they turned my breeches pockets out and took my handkerchief; I had wiped my face with it not long before, they made off; I cry'd stop thief; the prisoner was stopped and taken to the watch-house: I saw my handkerchief there taken upon him. (The handkerchief was produced in court, and sworn to by the prosecutor.) Thomas Adams . I am a watchman. I was calling the hour at half past twelve; I heard the prosecutor call out, stop thief; I stopped the prisoner, and took him to the watch-house: Owen came up, he had his pocket turned inside out; the handkerchief was found upon the prisoner in the watch-house. - Brooks I examined the prisoner in the watch-house, and found the handkerchief in his pocket; the prosecutor owned it as soon as he saw it. Prisoner's Defence. I kicked the handkerchief before me in the street, and picked it up. Guilty . [Transportation. See summary.] 593. 594. (L) THOMAS BRYANT and WRIGHT STAGG were indicted, the first for stealing five ounces of silver, value twenty shillings , the property of James Richards , and the other for receiving the said silver, well knowing it to be stolen , September the 2d . ++ James Richards . I am a watch-case-maker . The prisoner was my servant ; I had lost some silver out of my desk, which induced me to mark several pieces. On the 2d of September I missed the silver, mentioned in the indictment; I accused the prisoner with taking it; he denied it; I went for a constable; when I returned, he had confessed the fact (as I was informed) and where the silver was. John Taylor . I am journeyman to Mr. Richards. The prisoner was an errand-boy there; Mr. Richards having missed some silver, marked eleven pieces, and put them in the desk; he desired me to look at them now and then: my master went into the country, and when he returned, he missed one of the pieces: I had not missed it before he charged the prisoner with it, he denied it; my master went for a constable; while he was gone, we asked the prisoner about it, and after crying a long time, he confessed he took it, and that Wright Stagg , who lived at a green-stall in Aldersgate-Street, was concerned with him. We went and took up Stagg. and found the silver in his pocket. - Parker. I am a constable. Bryant gave me a direction to Stagg, in Aldersgate-Street; I went there and found him sitting by the fire; I searched him, and in his left-hand breeches pocket I found these two pieces of silver. (They were produced in court, and deposed to by the prosecutor.) Bryant's Defence. I picked it up by the shop door: I did not know what it was. Stagg's Defence. Bryant brought it to me, and asked me to lend him two-pence upon it; I lent it him, he said he would fetch it next morning. Bryant called two witnesses who gave him a good character. Stagg called several witnesses; among whom was his master he worked for; they all gave him a good character. Bryant Guilty . Stagg Acquitted . [Transportation. See summary.] 595. (M.) SARAH WILLIAMS was indicted, for that she in a certain field and open place near the king's highway, in and upon James Abraham did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch, the inside case made of metal, and the outside case covered with shagreen, value forty-shillings, the property of Jane Reynolds , from the person of the said Jane , August 13th . + Acquitted . 596. 597. 598. (M.) JAMES JOHNSON THOMAS BATH and HENRY GRAY were indicted, for that they in the king's highway; in and upon William Germain did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, eight yards of Russia linen cloth, value fourteen shillings, and six shillings in money, numbered, the property of the said William Germain , September the 2d . || (The witnesses were examined apart at the request of the prisoners.) William Germain . I am servant to Mr. John Knot , at No. 33, New Broad street buildings. On the 2d of September, between nine and ten o'clock at night, going out of Oxford-Road to Phenix-Yard ; when I came opposite the hon. Mr. Cavendish's stables, it being very dark, Johnson and Bath came up; Bath tripped me up on the left side and Johnson on the right, and I fell on my hip; I had a piece of Russia cloth under my arm; when I recovered myself, I said, what do you want? d - n your eyes, said they, your money. That expression struck me rather in a flurry. I thought it hard to be robbed in that situation, having friends not above fifty yards from me: he held something to the right side of my head which I believe to be a pistol, but it was so dark, I could not see whether it was or no and said, they would blow my brains out: they had both hold of me, and one of them put his hand into my right-hand pocket, when he put his hand into my pocket, he shook like a man that had the palsy or an ague: he took out some shillings and some half-pence, I believe, I cannot say, and the key of my box: they then said, not a word of noise! no, said I, then they ran out of the gate-way, and crossed over to the right-hand side of Oxford Road towards Swallow-Street. As soon as I got out of the gate-way, I cried out three times, "Stop robber, on the right-hand side of the way." Q. Had you your cloth all this time? Germain. No, Gray had it; I cannot say which took it up when I was down, but Gray carried it off: they all three ran off together; Gray was behind, Path and Johnson were about six yards before him: on my making the outcry, Gray dropped the cloth by a butcher's shop, the corner of Swallow-street; I took Gray at a little distance from the cloth; the cloth was picked up at the time I caught Gray by the breast; Bath and Johnson made their escape. Q. You say this was a very dark night? Germain. It was so. Q. Had you ever seen any of the prisoners before? Germain. I knew Johnson by fight. Q. Did you know the other two? Germain. No, I did not. Q. Can you positively say that Bath is the other man? Germain. To the best of my opinion he is. Q. Do you now take upon you to swear Bath is one of the persons? Germain. He is really one of the persons. Q. From Bath. Whether as it was a very dark night, and you was in liquor, you had sufficient light to swear to us? Germain. I was not in liquor, I had been doing business in the Adelphi for my master. Q. You was in such a state that you can undertake to swear positively that Bath was one of the persons? Germain. I do. Q. From Gray. Whether you did not lay hold of me by the throat and almost throttle me, and then said, you was so drunk you did not know what you was about. Germain. When I caught Gray I certainly griped him unmercifully as I would any thief; it was not above three minutes from the time I was robbed, till I took Gray and got the cloth again. I am sure it was the same cloth. John Cooke . I live at the Green Man and Still, in Oxford Road. At about five minutes before ten at night, on the 2d of September, as near as I can guess, I was within a yard and a half of Phenix Yard, three fellows came running out of the yard, the least of whom had a bundle under his arm. I am sure the prisoners are the men; I can swear to their persons. Q. It was very dark, was it not? Williams. Not so dark but I could distinguish their persons. I am positive to them. As they were running across the road. I stood still to look at them. I could not think why three men should come out of the yard at that time of the night; in about a minute Germain came out of the yard, hollowing, "A robbery! a "robbery! a robbery! on the right hand-side "of the way." I turned round, and pursued them. I came up with the little one, (Gray) and laid hold of him. He had not the bundle then; but he had it under his arm when he passed by me. A tall thin man made a catch at the two big ones, who were about four paces before the little one. He missed them, and they got by him. I came up to the little one, just as the prosecutor got hold of him. I know nothing of the taking of the other. I heard one of the big ones say to Gray, as they ran across the road, "D - n your eyes, make "haste, or else they will be after us." Q. From Bath. Do you know any thing of me? Williams. Yes; I know you by your having a very sharp cocked hat on, and being the first that passed by me. Q. From Johnson. Can you swear to me? Germain. Yes, by your dress. You had such a coat on as you have now; it was a loose bodied coat. I cannot swear to the colour. I can swear positively they are the men that passed by me. Samuel Elliot . I am a constable. When Gray was in Marybone watch-house, he informed me, that Johnson and Bath were the two persons that were concerned with him in this robbery on Saturday night; that they were all three in company together; he told me, I might find them in Dyot-street, St. Giles's. I went to Dyot-street, and there I found Johnson; He told me; his name was Johnson, otherwise Dusty. I put him in a coach, and took him to the watch-house: then I went to Duck-lane, Westminster; there I took Bath, and brought him in a coach to the watch house. Gray, when before the justice, said, he hoped to be admitted an evidence, as the other men were taken by his information. Mr. Barnfather desired me to mention it in his favour. Q. Was there any promise made to him, if he discovered the other men? Elliot. No. The justices, on the contrary, said, as he was a party concerned, they could not admit him; but desired me to mention him to your Lordship. Q. When he was first taken by you, did you promise him any thing? Elliot. When he was first taken, and brought to the watch-house, he denied every thing; and on the Monday following, he denied knowing any thing of the matter, till the prosecutor came, and said, he could swear positively to him; then he told me, if I would go with him into a room, he would tell me all he knew of the matter; it was upon that I said I, would use my utmost endeavours to get him cleared. "The prisoners said nothing in their defence." Johnson guilty , Death . Bath guilty , Death . Gray Acquitted . 596. (L) JAMES MACKINTOSH was indicted for stealing eighty-one pounds weight of gunpowder, value five pounds; a hempen bag, value one shilling; three pounds weight of salt prunella, value two shillings; two pounds weight of salt petre, value one shilling; one pound weight of black lead, value sixpence; and two pounds of ivory black, value sixpence , the property of William Plomer , Esq ; Gabriel Heath , and Phillip Allen , July 15th . ++ Gabriel Heath . I am in partnership with Mr. Alderman Plomet and Mr. Allen. The prisoner was our servant . We observed our gunpowder decreasing. On the 15th of July, I was sent for by the justices, at the Rotation Office, at Whitechapel. I saw the prisoner in custody there, and the things mentioned in the indictment in a bag, which I particularly knew to be our property, by the marks upon it. I cannot swear to the other things. Thomas Elliot . I am apprentice to Mr. Alderman Plomer. I can swear positively to the bag. Joseph Barber . On Friday the 14th of July, the prisoner's wife came to me, and asked if I would buy a quantity of gunpowder. The prisoner and another man came at night, and informed me where he lived. After that, I went to the justices, and gave information, and had the prisoner secured. He was searched, and a pound of gunpowder was found in his pocket. George Forrester . I went with Barber to the prisoner's, I found there the bag, and the other things mentioned in the indictment, in the prisoner's closet. There were about fifty pounds weight of powder, in a box, two or three pounds of salt prunella, salt petre, black lead, and ivory black. I took him to a public-house. The landlord asked, if we had searched him. I then searched his waistcoat pocket, and found a pound of gunpowder. I asked him where he got it. He would give no account of it for sometime. At last, he said, he bought it for a shilling; but he would not tell of whom. Prisoner's Defence. A cousin of mine, whose name is Mackintosh, who is steward of a ship, sent me these things. I don't know where he is now. Guilty . 597 (M) SILAS SHEERS was indicted, for that he, in a certain field and open place, near the king's highway, in and upon John Foster , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a seal set in silver, value sixpence; another seal set in brass, value twopence; a steel watch-key, value one penny; and a guinea in money, numbered the property of the said John , August 13th . + John Foster . On the 14th of August, at about one o'clock in the morning, I was robbed by a man in the Five Fields , as I was going to Chelsea, of a guinea, and in silver, about seven or eight shillings, two seals, and a watch-key. He pulled at the watch, the chain broke, and left the watch behind. I never saw the person that stopped me in my life before. Q. Was you drunk or sober? Foster. A little in liquor. Q. Did you see enough of the man to know him now? Foster. No. Q. What reason have you to charge the prisoner? Foster. I will not swear to any man; but the man who robbed me was a soldier. I saw a soldier in the public-house which I had just left. Q. Are you sure the soldier you left in the public-house was the prisoner? Foster. It was a soldier. I am not sure it was the prisoner. John Noaks . I was going across the Ambury, Westminster, on Monday morning, the day after the robbery. The prisoner, and one Williamson, were in the watch-house. A man met me, and informed me there was a soldier had some seals of a watch, that a man had been robbed of in the Five Fields the night before. I asked him who the soldier was, and he shewed me the prisoner. I searched his pockets, and the lining of his coat, but could not find the seals. Then the man told me, he believed he had put them in his breeches. I searched his breeches, and found them. (" They were produced in court, and deposed "to by the prosecutor.") Edward Horn . I saw the constable take the seals out of this prisoner's breeches. John Hudson . I am a watchman in St. James's-street, Westminster. About a quarter after four in the morning, the prosecutor, and one Williamson. came down the street together. The pursuer said, he had been robbed of a guinea; and he gave charge of Williamson as being in company with a soldier who had robbed him. His neckcloth and face were very bloody. I locked them both up in St. Margaret's watch-house. Ann Loams . I keep the King's Head, the corner of the Five Fields, Chelsea. The prosecutor came to my house, and asked for a pint of beer. He seemed very sober, and well dressed. He said, he would not detain me; and, before the beer was drawn, he had a glass of peppermint. In the mean time, the prisoner and Williamson came in, and asked for a pint of beer. They pushed into the bar, and sat down. There the prosecutor took out a guinea, and some silver. He paid me for the pint of beer and glass of peppermint, and then put the money again into his pocket. This was before the robbery. I then advised him to go home, and told him, one Mrs. Becket and my maid should see him home; for, in my own mind, I did not like the looks of these two men, though I said nothing. He said, no, he would not have any women go home with him, and he went out. The prisoner went out after him, and the other man followed. Robert Williamson . I met with the prisoner at the King's Head. I knew nothing of him before. I wanted a lodging. He said, he would get me one. We went into the King's Head, and had a pint of beer. The prosecutor was there. Foster and the prisoner talked of going further to have some more beer. The prosecutor went out first, and the prisoner followed him. They went towards Chelsea. I said, I would go no further, for there were no more houses open. I went out just after, and saw them down on the ground before me. Q. How far were they from you? Williamson. Above twenty yards. Q. Don't you know how they came down? Williamson. No. I came up, and said, don't use the man badly, and then the prisoner ran off. Q. To the prosecutor. Was you robbed by one man, or two? Williamson. One man. Q. The last witness was not present? Williamson. While I was down, I heard somebody speak. Q. How came you down? Williamson. I was down. Q. Was you knocked down or did you fall down. Williamson. I received a little blow on my nose that made it bleed. Prisoner's Defence. I was going to work about eight o'clock in the morning; I picked up these seals, I went to see who was in the watch-house, and they charged me with the robbery. Guilty Death . 598. (M.) GEORGE CHILDES was indicted, for that he in the king's highway, in and upon Thomas Holmes did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a guinea and a half guinea in money, numbered, the property of the said Thomas , August the 6th || Thomas Holmes . I am a coach-maker , in Long Acre. On the 6th of August, between nine and ten at night, I was coming to London in company with Mr. Edward Lloyd ; in the third field from Tottenham-Court turnpike , the prisoner Childes, and another man who is not taken, attacked me; they had both pistols in their hands; the person that attacked me, had a horse pistol; he demanded my money; I told him, if he would have patience I would give him some money: I put my hand in my pocket and gave him a guinea and a half; I heard the prisoner say to Mr. Lloyd, be quick, he said nothing to me; the other man, after I had given him a guinea and a half attacked me a second time, and demanded more money; upon that I seized him and struck him, but he broke my shin with his pistol and got from me. At that instant, I saw the prisoner run away from Mr. Lloyd. Q. Did you know whether he had robbed Mr. Lloyd? Holmes. No. Q. Was it dark or light? Holmes. Moon light. Q. Did you know the prisoner before? Holmes. I never saw him before. Q. Will you undertake to swear now that he is the man? Holmes. Yes, he is. Q. You positively undertake that? Holmes. Yes. Mr. Lloyd cried out, stop thief, and I with Mr. Lloyd instantly pursued him, and took him in less than a minute; we delivered him to a constable who searched him, and found something upon him, but I cannot say what; when we had secured him, he said, he went there to ease himself: the pistol was found in the field next morning. "On his cross examination, he said, he did "not take much notice of the man that was "with him, but did of the man that was with "Mr. Lloyd; that he pursued him immediately; "that he was never out of his sight, but "that he did not see his face till after he was "taken: that it was a moon-light night; that "the prisoner ran about one hundred yards "before he was taken; that he saw nobody "else in the field till the prisoner was taken, "and that they found no weapons upon him." Edward Lloyd . I was with Mr. Holmes on the 6th of August. Coming towards London, at about half after nine at night, in the third field from Tottenham-Court turnpike, the prisoner came up to me and stopped me first; he struck me over the breast with a pistol, and said, your money, your money. I said to him, take your pistol away and I will give you my money: he kept the pistol at my breast; in the mean time Holmes had a scuffle with the other man, and the prisoner immediately ran away: I pursued him, and he was taken in a minute; he was not ten yards from me; it was a moon-light night. Q. You did not take the other man? Lloyd. No. Q. Did the prisoner say any thing when you took him? Lloyd. He said, he wanted to ease himself; I took him to the Red Lyon, in Tottenham-Court-Road, where I knew a constable lived; I charged the constable with him, and desired him to search him; there was nothing found upon him but eight-pence; the constable found the pistol in the field the next morning; (the pistol was produced in court by Saw.) - Saw. The prisoner was brought to me about a quarter before ten o'clock at night. Mr. Lloyd, whom I knew, informed me he had been stopped by a footpad, and charged me with the prisoner; I handcuffed him, and then he said, d - n your eyes now you have done your worst, you can but tuck me up. I searched him and found eight-pence upon him; he asked me to give him a pint of beer; I did, and he drank it: I then asked Mr. Lloyd where he was stopped; he said, in the third field from the turnpike: I took two men with me at three o'clock in the morning to the third field, and there I found the pistol in a water-gutter cut for the draining of water, eighty or a hundred yards out of the foot-path, towards Primrose Hill. As I was coming out of the field, I met Mr. Lloyd and three of four more with him, coming into the field; he asked me if I was come to look for the pistol; I said, yes; he said he should know it from a thousand. I then shewed it to him, and he said, that is the pistol that was at my breast. "On his cross examination, he said, that "Holmes was attacked and robbed by another "man; that he was not above a yard from "him; that he himself was not robbed at "all; that it was not above two minutes from "the time they were stopped till the time the "prisoner was taken; that there was no one "going by at the time; that he could swear "positively that the pistol produced in court, "was the pistol the prisoner held to his breast; "that he knew it by the size, and some rust "there was upon it; that he never saw another "pistol like it; that the water-track "where it was found was quite dry." John Evans . I am a constable. Saw sent to my house for a pair of handcuffs; I went down to his house and handcuffed the prisoner; I told him, if he would discover the person that used Mr. Holmes ill, the gentlemen would be as favourable as they could to him in the course of his trial. Court. You must not mention any thing he said in consequence of that. The prisoner said nothing in his defence. Guilty Death . 599. (2d M) JEAN DANIEL SOLAR was indicted for stealing a black mare, value three pounds , the property of Thomas Beauchamp , July 26th . + Acquitted . 600. (2d M) HENRY FREEMAN was indicted for stealing a silver table spoon, value five shillings , the property of Nicholas Best , July 25th . || Acquitted . 601. (2d. M.) MARY RUSSELL was indicted for stealing two mahogany tea-chests, value two shillings, and six tin cannisters, value one shilling , the property of Robert Watman and William Burnet , September 8th || Robert Watman . I am a cabinet-maker , in Drury-lane , in partnership with William Burnet . On the 8th instant, ar I was at dinner, I was called down and saw the chests and the prisoner in the custody of one Lyon, the prisoner begged to be released, and said, she never did such a thing before: one was a second-hand tea-chest, and the other a new one. Charles Lyon . I keep a shop in Drury-lane, close to the prosecutor. As I was at dinner, my servant called out, there was a thief: I pursued the prisoner into Middlesex Court; she had the chests under her cloak; I saw her throw them down: I did not know when I ran after her, whether they were my goods or the prosecutors. ( They were produced in court, and deposed to by the prosecutor.) Mary Smithers . I am servant to Mr. Lyon, I saw the prisoner take the tea-chest off a table that stood on the outside of Mr. Watman's shop; there was no one in the shop at the time, I informed my master of it. Prisoner's Defence. I don't know where the gentleman lives: I have five small children, and a husband quite blind; I work very hard; I was going to get some chips, it rained and I stood up; there came a great many people, they laid hold of me, and charged me with stealing the tea-chest. Guilty of stealing the goods to the value of ten-pence . W . 602. (2d M.) ISAAC SHEERS was indicted for stealing a cloth coat, value five shillings; a pair of leather breeches, value two shillings, and a pair of worsted-stockings, value two shillings , the property of Francis Eyres , Esq ; July 29th . * Francis Eyres , Esq; The prisoner was my servant . On the 29th of July I had been out, when I was returning home in the middle of the day, I met him with a large bundle coming out at the back part of my house, which comes into Strand-lane, the fore-part is in Surry-street . I asked him where he was going with that bundle: he said, he was going to his washerwoman's with a few things to wash. I could not think that was true; because a few weeks before he was very poor in shirts, and borrowed some money of me to redeem some he had in pawn. I took hold of the bundle, and bid him come home with me: he struggled with me; but I made him go into my office, there I made him open the bundle; the first thing I took out, was a pair of thin stockings that were made a present to me at the Isle of Jersey; I never wore them above once; they are very curious; I have been told they were worth a guinea and a half: he said they were his, and asked me if I would presume to swear to them: I looked at them, and said I would. The next thing I took out was the coat I now have upon my back; I asked him if he was going to have my coat washed too. Q. You are sure it is your own coat? Eyres. I am. Prisoner's Defence. My master has behaved very well to me, and been very good to me. Q. To the Prosecutor. Was you about to discharge him at this time? Eyres. No. Q. Were these things worth more than his wages? Eyres. I had paid him his wages before he had borrowed a guinea and a half of me, and just before this another half guinea, which exceeded his wages. For the Prisoner. Agnes Atkinson . I was fellow-servant with the prisoner at the time he told me he was going out to pawn the things, till his washing came home on Monday; he did not tell me what things. Q. Did you see him go out with the bundle? Atkinson. I saw him go out; I did not take notice of the bundle. Q. Then you did not see him go out of the door? Atkinson. Yes, I did, he went out at the back door. Q. What time was it? Atkinson. I cannot swear to the hour, I believe it was between five and six in the evening. Q. Do you live with Mr. Eyres now? Atkinson. No, I was discharged yesterday morning. Guilty . 603. (2d. M.) HYDER CAMPION was indicted for stealing four yards of white flannel, value four shillings; two women's silk hats, value two shillings; a woman's silk bonnet, value six-pence; seven yards of black shalloon, value three shillings; two checque linen aprons, value one shilling; two white linen aprons, value two shillings: a silk handkerchief, value one shilling, and a linen handkerchief, value six-pence ; the property of William Gledhill , August the 5th . + William Gledhill . I live in Swan Yard, White Chapel . On the 5th of August my house was robbed of the things mentioned in the indictment; (repeating them) I was informed next morning there were some people in the watch-house who had been stopped with them; I went and found the things; I have just mentioned, in the hand of a watchman. || Edward Davy . I am a watchman. On Saturday morning about four o'clock, I saw the prisoner and four other men together; they had all bundles under their arms: I said. lads, where did you get these bundles? one of them said, d - n you, what is that to you; I said, they might have made me a better answer, and I did not believe they came honestly by them; I pursued them; there were two gentlemen coming, I called out that they were thieves, and desired them to stop them, but they did not stop them: as soon as they had passed the gentlemen they began, running; I ran after, them; they ran up Lambeth-street; I saw some men coming, and cried, stop thief; upon that the prisoner made a stop, and I took hold of him; the other two; ran up a little alley that goes into Rupert-Square, and got off. I took the prisoner to the watchhouse, and found these things upon him; (producing them.) Prosecutor. I cannot swear to the things, my maid can. Mary Hunter . I am servant to Mr. Gledhill; these things are my master's (pointing out those laid to be his in the indictment) the things were all in the summer-house; the shalloon I know by the quantity; I had cut it off the piece the morning before, it has no mark upon it. I know this hat to be my mistresses's, the rest of the things have no particular mark upon them; to the best of my knowledge they are my master's. Prisoner's Defence. Going to work early in the morning, I found this bundle of things; some boys met with me and wanted to take them from me; while we were wrangling about it, the watchman came up and followed us, and took me. Guilty . [Transportation. See summary.] 604. (2d M.) CATHERINE HUNT was indicted for stealing a silver watch, value twenty shillings; a black silk ribband, value one penny; a base metal watch-key and a silver seal, value one shilling , the property of Robert French , July 20 . || Acquitted . 605. (2d. M) MARGARET the wife of HENRY SPENCER , was indicted for stealing a pair of linen sheets, value six shillings; a silver tea-spoon, value two shillings, and a linen table-cloth, value one shilling; the property of Joseph Adshead, being in a lodging-room let by contract by the said Joseph to the said Henry, to be used by him and the said Margaret . Against the statute, July 30 . * Joseph Adshead . I live in Wardour-street . I let the prisoner a lodging in February last; she took it as for a widow: I would not suffer her to continue any longer, as that widow did not behave well, that was the beginning of last March; then she took it for herself; then her husband came; he lodged there divers times with her; she continued there till the latter end of July. A person advised me to examine my furniture, to see if there was any missing. I got a woman to examine the furniture, but she would not admit her to look at the things. I found the door half locked; I got in, and missed a pair of sheets, one of the sheets was near new: I missed a silver tea-spoon and a table-cloth, the sheets and table-cloth were let in the lodging; upon the Friday following I took the prisoner. Christopher Brotherton . The prisoner pawned a pair of sheets with me on the 10th of May, I advanced her five shillings and three-pence upon them. John Priestman . The prisoner pawned a table-cloth with me. (They were produced in court, and deposed to by the prosecutor.) Prisoner's Defence. My husband is a custom-house officer. I did it to raise a little money with intention to return it again. For the Prisoner. William King . I was accidently in court: I was surprised to see her in this situation; four years ago I knew her and her husband; they kept an inn in Cambridgeshire, near lord Montford's; I had business often with his lordship and used to put up at that inn. I have seen nothing of her since that time. Guilty of stealing the goods to the value of ten-pence . W . 606. (2d M.) PHILLIP ROWLAND was indicted for stealing a pair of men's leather shoes, value five shillings , the property of John Atkinson and Adam Dunford , August 10 . + John Atkinson . I am a shoe-maker in Newport-Street , in partnership with Adam Dunford. About the 4th of August last I lost two pair of shoes; the prisoner worked for me; I often missed shoes when he came to the shop to take his money. Upon the 10th or 11th of August I missed a pair of shoes that were made for a gentleman, out of that part of the shop where the prisoner rested. I went to the pawnbrokers, and at Mr. Lane's, in Drury-Lane, I found two pair, but they are not the shoes mentioned in this indictment. John Duperry . I am servant to Mr. Jarvis, a pawn-broker, in Fetter-Lane. Upon the 11th of August the prisoner brought this pair of men's shoes to my master's shop to pawn; (producing them) he pawned them in the name of Thomas Gardner . Atkinson. They are the property of my partner and me; they are marked D. A. besides I could swear from the make of them that they are our property. The prisoner called five witnesses who gave him a very good character. Guilty Ten-pence . [Transportation. See summary.] 607. (2d M.) WILLIAM LEWIS was indicted for stealing a diamond ring, value forty shillings , the property of John Howell , June the 2d . || Acquitted . 608. (L) ANDREW HYSON was indicted for cutting, stealing, and carrying away six leaden sash weights, value three shillings; the said weights being affixed to a building belonging to the masters and wardens of the company of merchant-taylors, of the fraternity of St John Baptist , July 29th . ++ Walter Prosser . On the 8th of August, I was sent for to take charge of the prisoner, and the accomplice, Wood; when I had taken them to the Compter, I examined them separately; they confessed that they entered the house on the 7th, and took two leaden weights and some brass, and that the prisoner and Wood went afterwards, and sold it to one Hughes, for seven-pence halfpenny. Q. Did you use any arts to obtain the confession from them? Prosser. None at all. It was taken from an uninhabited house belonging to the merchant taylors; they confessed, that on Saturday they entered the house again, and took four other leaden weights, which were sound upon Wood. William Parkinson . I saw John Wood and the prisoner standing against the house in Sun-street; it was the Sun ale-house; we had missed some weights and brass before; I informed my master of it, and my master and I took them both: I found four sash weights upon Wood; I found nothing upon Hyson; they were in company together. Richard Woodier . I live within three doors of the Sun ale house; the last witness, who is my apprentice, told me, there were two men had been in the Sun ale-house; we took them both; we found four weights upon Wood. I went, and examined the windows, and the weights appeared to have been just cut off. (The weights were produced in Court.) Robert Nicholas . I am clerk of the merchant-taylors' company; I am only to prove the stile and title of the company, that it is as set forth in the indictment. George Patterson . I belong to the merchant-taylors' company; I was not at home at the time of the robbery; but when I came home, I was informed some weights were gone from this house; I examined the premisses, and found the weights had been cut off. Richard Wood . The prisoner and I were coming through Sun-street; I said here is an empty house that has been a public-house, I daresay there has been some money dropped, let us go in and see; we went in, and found one of the boards of the windows broke down, and one of the leads gone; I said, I daresay here are some more; we broke down the boards, and cut down three, and found another lying upon the hearth. Prisoner's Defence. I never took the leads. Guilty of stealing to the value of ten-pence . W . 609. (L) JAMES MACDANIEL was indicted for stealing a linen handkerchief, value ten-pence , the property of John Edward Kenrick , Aug. 3d . ++ John Edward Kenrick . Going up Holborn-hill on the 3d of August, between eight and nine in the evening, I missed my handkerchief; I turned round, and saw it in the prisoner's hand; he dropped it immediately as he saw me turn round; I pursued him, and knocked him down in the kennel, and then I charged a constable with him. The handkerchief was produced in court, and deposed to by the prosecutor. Jonathan Wilkins . The prosecutor gave me charge of the prisoner; I have had the handkerchief ever since. Prisoner's Defence. When the prosecutor knocked me down, there were two fellows, that said, I dropped the handkerchief; he called to them to be witness; they ran away; they were more ragged than me. Guilty . [Transportation. See summary.] 610. (L) JOSEPH PARKER was indicted for stealing a pewter quart pot, value two shillings , the property of William Francis , August 12th . ++ William Francis . I keep the King's-head, in Fore-street ; the prisoner came into my house on Saturday the 12th of August, and called for a penny-worth of beer; I suspected he had stolen a pot, when I came up; I let him go out of the house, and then went after him, and found a pot in the lining of his coat. I took him before my Lord-Mayor, who committed him. The pot was produced in court, and deposed to by the prosecutor. Prisoner's Defence. I own, I took it, and the gentleman took it from me; I never did any such thing before; I did it for want; I am sixty-three years of age. Guilty of stealing to the value of 10 d. W . 611. (L) JOHN GWILLAM was indicted for stealing a woollen cloth coat, value ten shillings; a velveret waistcoat, value two shillings: and a pair of leather boots, value five shillings ; the property of Henry Else , April 1st . ++ Henry Else . The prisoner was my servant ; he left me, and went to live with a neighbour; he was taken up for another offence, and by a search-warrant these things were found. I missed them before he left my service, but I did not suspect him; I discharged him for being addicted to drinking. Francis Phipps . I am a constable; Mr. Else and Mr. James gave me charge of the prisoner; I took him before the Alderman, and he confessed he stole these things, and sold them at an old choaths shop, at the top of Chick-lane; we went, and found them there. They were produced in court, and deposed to by the prosecutor. Thomas James . I went with the last witness and found the things. Prisoner's Defence. They promised to forgive me if I would confess. Else. I told him, if he would discover any accomplices, I would endeavour to get him made an evidence. [Transportation. See summary.] 612. (L) DOVE ASH was indicted for stealing a Bill of Exchange, value ten pounds, date, Bridgenorth, July the 24th, 1775, in the name of Benjamin Hastlewood , directed to Messrs. Alderson and Sandland, Cateaton-street, London for the payment of ten pounds, seven days after date, to Cobbe Pittman , or order , the property of Richard Plestow , Esq . Aug. 3d . General Plestow. I was at Vauxhall upon the 3d of August, I missed my pocket book, with some notes; it was in my waistcoat pocket; I am convinced it must have been picked out of my pocket, either in Vauxhall gardens , or going from the garden to the coach the next morning. I sent notes to the several places where the notes were payable, as a caveat against the payment of the notes, particularly to Anderson and Sandland. Stephen Chambers . I am clerk to Mr. Anderson; a notice came for us to stop a note of the description of that in the indictment; the prisoner afterwards came with a note; being ask about it, he at first said, he was employed by a gentleman; he was asked, what gentleman? he said, he did not ask the gentleman's-name that employed him upon an errand. The constable was charged with him; then he said, he found the note. Daniel Lancoln . I had the prisoner in custody; he said, he had the note of a gentleman to change, and he did not know his name. Prisoner's Defence. I found the note in the road. The prisoner called a witness, who deposed, that the prisoner shewed him the note over night, and said, he had found it, and wanted to know whether it was worth any thing. Guilty . [Transportation. See summary.] 613. (2d M.) ELIZABETH the wife of WILLIAM SLAND was indicted for stealing a man's shoe, value one shilling, and a silver shoe-buckle, value four shillings , the property of James Mattocks , September 1st || Acquitted . 614. (2d. M) MATTHEW COOLING was indicted, for that he on the king's highway in and upon John Brown did make an assault, putting him in corporal fear and danger of his life, and stealing from his person fifteen shillings and three-pence in money, numbered, the property of the said John , August 19th + Acquitted . 615. (L) WILLIAM BOWMAN was indicted for stealing a gold ring with an onyx stone set therein, value eighteen-shillings; another gold ring, value five shillings and a gold breast buckle with garnets set therein, value twelve shillings , the property of John Wood , August 18th + John Wood . On the 18th of August I lost two gold rings and a gold shirt buckle with garnets, out of my shop in the minories the prisoner came to my shop, and asked to see a shirt buckle; I shewed him one, I asked half a guinea for it, he gave me eight shillings, he said he wanted several other things, stone knee buckles, &c. and asked me if I took thirty-six shilling pieces; I said, I did not take them in payment, I took them by weight; he said he had some by him, and he would fetch them. This was about twelve o'clock: as soon as he was gone, I missed a stone gold ring: the prisoner returned between four and five: I watched him then, and saw him take a gold ring and a gold shirt-buckle set with garnets: after he had done this, he was going, as he pretended, to fetch the thirty-six shilling pieces; I immediately stopped him, and then he put his hand in his waistcoat pocket and dropped the ring and shirt buckle; I saw him drop them; the other gold ring I took out of his waistcoat pocket; when he was searched he had but one shilling and six-pence and a few half-pence in his pocket. (The things were produced in court, and deposed to by the prosecutor.) Prisoner's Defence. I met with a man who asked me to drink with him, he pulled out a thirty-six shilling piece, and asked me if I knew where he might change it; I told him at a silversmith's he might get it weighed; when we had drank a pint of beer together, he said, he had been in the gentleman's shop before, and asked the gentleman to buy the piece of him; he would not give any more than twenty-nine shillings for it; I went into the shop; I had a pair of silver sleeve-buttons, I asked the gentleman to mend them; I went out, and returned in the afternoon to the gentleman's shop for my sleeve-buttons; he said, they were not done; he said, I stole a ring; he put his hand in my pocket and kept it there some time; he told the people in the shop he took the ring out of my pocket; I did not know that it was in my pocket. Guilty . [Transportation. See summary.] 616, 617. ( 2d. M) ELIZABETH IVES and ELEANOR BROWN were indicted for stealing fifty-one guineas and seven half guineas in money, numbered, the property of Alexander Hanna , privately from the person of the said Alexander , July the 5th || The witnesses were examined apart at the request of the prisoners. Alexander Hanna . In the month of June, I arrived here from North America, and after I had made a sale of the little effects I brought over with me and had received the money. I was curious to see the city, having never been in England before: I happened on the 5th of July to pass through a place called Salt-petre Bank between four and five in the afternoon; the prisoner Ives stood at a door; she beckoned to me, and said, there was one in the house wanted to speak to me; I went in, but there was no person there; she bid me sit down; I sat down upon the side of a bed. Q. Was this room above stairs or below stairs? Hanna. Below stairs, After I had sat down she begged I would send out for something to drink, and she would tell me what she had to say to me: I gave her a shilling; she carried it, to the door and returned immediately with the prisoner Brown; Brown returned me the shilling and said it was a bad one, and asked me if I had any more money; I told her, I had not any more money, as I was not willing to let her know I had any gold about me; but at the same time I put my hand upon my pocket, which I believe they observed, Eleanor Brown came and sat down beside me, and began to use some freedoms; she laid one hand on my back and unbuttoned part of my breeches with the other; during this time, Ives sat down close on the other side; she turned the inside of my pocket out, and took from thence a shammy pocket of an old pair of breeches that I had cut out and put my money in; there were fifty-one guineas and seven half guineas: on my discovering that my pocket was turned inside out, they immediately fled out of the house. Q. I suppose you said something. Hanna. I had no time to say any thing; I buttoned my breeches as soon as I could and followed them to the door; there were some people at the door; I said, I had been robbed by two women that ran out at the door; a girl came up directly, and said, I lied, that I had no money to lose; and two men came up, they d - n'd me, and said, I lied, for I had no money, and they struck me. Q. Did this girl and these men come out of the house? Hanna. I don't know; they met me at the door, they did not belong to the house, as I saw; during the hurry, a number of people came round, and a woman came and shut the door of the house I was robbed in; I did not see her, till I saw her lock the door, I laid hold of her, and said, I had been robbed in that house, and would take care of her; I had hold of her, and wrested the key out of her hand, but was soon obliged to let her go, and was glad to get away with my life. I was then advised to inform justice Sherwood's runners of it, which I did, but I believe it was of no service, for one of them, whose name is Farrell, was the pretended husband of the prisoner Brown; they took several people but not the right: I believe they had no intention to take them. On the 7th, I was informed they had sled to the house of one Mrs. M' Carty at Deptford; I hired one of justice Sherwood's runners to go with me Deptford after them; when we came to the house, that man did not choose to go in to take them. Q. When were they taken? Hanna. The same night by one Weston, a constable, to whom I complained, and desired him to watch an opportunity to take them; there were thirty-two guineas and a half guinea found upon Brown: I was not at the finding of it. "On his cross examination he said, it was "between four and seven o'clock when he "went to Salt-petre Bank; that he would not "be particular to an hour; that he believed "it was about five o'clock, but that it might "be six; that he was perfectly sober; that he "did not know whether justice Sherwood, "when he went to him, granted a warrant to "take them or not; but that four or five women "were taken upon suspicion and committed "to Bridewell; that he threatened them "very hard, because he thought they were acquainted "with the persons who had robbed "him; that he did say to one woman in "Bridewell, that he believed that she was "concerned in the robbery, and threatened "her, but did not say he would swear it; that " she did not say she was the person who robbed "him, but that he believed she was concerned, "and he would take care of her; that "that woman was not one of the prisoners; "that when he was robbed he did not feel the "money go out of his pocket; that the first "thing he observed was his pocket turned inside "side out, and that he could swear positively "do the prisoners." George Waston . On Friday the 7th of July, the prosecutor complained, to me, that he had been robbed by two women; one he said went by the name of Elizabeth Walker , the other by the name of Eleanor Brown ; that the one was tall, and marked with the small-pox, and the other a short one, who wore a gold necklace. I told him, I would look out for them; after he left me, I went to the house of one Mrs. M'Carty and received some information that they were locked up in an empty house by the lower Water-gate, near Mrs. M'Carty's. I watched the empty house, and between twelve and one in the night, I took them both coming out of this house with Mrs. M'Carty. I searched Brown, and found thirty-two guineas and a half in gold, and fourteen shillings in silver upon her; I asked her how she came by it; she said, it was Jack Farrell 's money; that she had taken forty guineas from Farrell a little before: I asked her how Farrell came by so much money; she said, he had just received some blood-money; she said to Farrell, this is your money; he said, don't bring my name in question, I had not so much money to lose. This was at my house on the tenth; the money was in a nutmeg-grater. I likewise took from her a small box with a gold necklace and locket in it. Margaret Naria . I was servant to Mrs. Palmer, who goes by the name of Mrs. Mc. Carty, at Deptford. The prisoners came to our house on Thursday the 6th of July, between twelve and one o'clock in the morning; when they got up, they had a great many guineas; they weighed them; they said, they had robbed a man of so much money and were obliged to come away for fear they should be taken, and that there were some people taken and put in prison in London; there was one guinea lighter than the rest; they gave it to me to go for a quartern of peppermint; I brought the guinea back, it was too light, and then Brown wanted me to go and sell all the light ones, but Mrs. Palmer said, she would go and sell them herself: she went out and bought some cloth for bed-gowns and shirts. Upon an alarm given, my mistress took them to an empty house near her's, and locked them up in it. I informed the constable of it. Ives said nothing in her defence. Brown's Defence. I and Ives went out with Mrs. M'Carty to buy some things; the constable met with us, and took us to this empty house; he said, you b - s you are just come out of this empty house; he took my money from me, and then blew the candle out, and said, let the b - s go about their business. Mrs. Palmer called the watch; some watchmen came about and took us to the watch-house: I can make it appear the money is my own property. For the Prisoner. John Dixon . I am servant to the keeper of Clerkenwell Bridewell. I have here three commitments of people who were committed by the prosecutor for this offence. He said, at justice Sherwood's of a woman that was there, that she was one of the people that actually did rob him; the woman is at the door. Q. Did he say what part she took in the robbery? Dixon. He did not mention any particulars; O yes! I believe he said, she was one that sat on the bed. Court. You say you believe, are you positive, he said, she was on the bed. Dixon. No, I am not, It is so long ago, I cannot positively say. Thomas Evans . I am turnkey of Tottlefields Bridewell; the prosecutor came to our gaol to look at the women, he said, he had been robbed by several people: I had in custody about sixty-eight women: before I let him go in, I had them all put out into the yard together; one Martha Robertson , who had a gold neckl ace on, said, she would pull it off, because he had said, the woman that robbed him had a gold necklace; she did, and dropped it into her bosom; he picked out her and Jane Lawson , he said to Robertson, you you jade have all my money, and I will swear positively to you: she clapped her hands together and said, O sir, I hope you will not do so. I then shut the gate and took him from the women's yard, to a yard of our own, and asked him, if he was sure she was the person; he laid, I am sure that pockfretten woman is the person that has got all my money: I said to him, my friend be sure, for you will be called to an account when you come to another court; he said positively Robertson was the person that robbed him, and Lawson was the person that was with her. Court. Were the prisoners in your custody at that time. Evans. No, they never were in my custody. George Wynn . I keep the Black Horse, a public house, in New Gravel-lane, Shadwell. In the beginning of July two women were brought to our house by the prosecutor; he charged them with a robbery; he pulled one of the womens hats off, and said, you are the woman, I will swear to you. Q. Who was that said to? Wynn. Martha Robertson . I bid him take her before a justice; they went out of my house, and I saw no more of them. Q. Was that woman either of the prisoners? Wynn. No. Court to the Prosecutor. Look once more at the women, and tell the jury whether you will now upon your oath say, they are the two women. Hanna. I am upon my oath: I am positive these are the two women. Both Guilty Death . Recommended to his Majesty's mercy by both the Prosecutor and the Jury . 618. (M.) JAMES DIGNAM was indicted for that he in the king's highway in and upon Thomas Harebottle did make an assault putting him in corporal fear and danger of his life, and stealing from his person two shillings in money, numbered, the property of the said Thomas , August 12th . || Acquitted . 619. (M) JESSE BAITES was indicted for breaking and entering the dwelling-house of John Marshall and Samuel Bell , on the 28th of August about the hour of two in the night, and stealing thirty pounds in money, numbered, the property of the said John and Samuel , * Acquitted . 620. (M.) MARY BURNS was indicted for stealing a black beaver woman's hat, value ten shillings: a white cloth cloak bound with worstead ferret, value eighteen shillings; a check linen apron, value four shillings; a linen shift, value seven shillings; a silk handkerchief, value one shilling; twenty shillings in money, numbered, and one hundred and twenty half-pence, the property of Richard Kitchen , in his dwelling-house , August 31st . + Mary Kitchen . The prisoner was my apprentice . Last Thursday was fortnight, I lost out of my house the things mentioned in the indictment (repeating them) there was no one in the house but the prisoner; there were none of the things taken upon her, but before the justice she confessed that she took twenty shillings and a handkerchief. John Pennock . As I was going to work, about six in the morning of the 31st of August, I me: the prisoner coming out of her Mistress's court. She had on a black beaver hat, and a woman's white market cloak, which came very low upon the ground. When the neighbours told me Mrs. Kitchen was robbed, I acquainted her with it. James Dee . On Monday afternoon I took the prisoner in Covent-garden, and delivered her to her mistress before justice Welch. She confessed she took the money, and spent it: The justice asked her about the hat and cloak, but she owned to nothing else. Prisoner's Defence. I only took five shillings in money. My mistress had no more in the house. Guilty of stealing to the value of thirty-nine shillings . [Transportation. See summary.] (M) 621. HENRY JORDAN was indicted, for that he, in the king's highway, in and upon Henry Hoare , Esq; did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch, the inside case made of gold, and the outside case made of metal, value four pounds, and thirty shillings in money, numbered the property of the said Henry , January 22d . || Henry Hoare , Esq ; On the 22d of January last, about five in the evening, as I was coming alone in a post-chaise from Barnet, I was stopped in Pancrass parish , near the work-house, by two foot pads. One of them came to the chaise-door, and opened it, and demanded my purse, which I gave him. There were about thirty shillings in it, and a watch, the inside of which was gold, the outside metal. As soon as I had given it him, one of them shut the door, and bid the driver go on. I cannot swear to the person of either of the men. The person that opened the door put a pistol into the chaise, and the other stood on the other side of the chaise. (The watch was produced in court by Richard Pharez .) I believe the work and dial to be mine. The case is altered. The cypher that was upon the case is now erased. Richard Pharez . I am a pownbroker. Upon the 10th of February one Richmond offered me a watch. I saw there was a false plate put over the name, by which I suspected that something was wrong. I took off the false plate, and then detained the man, while I referred to my book, by which I found this watch had been advertised. I immediately went to Sir John Fielding 's. He said at first, before the clerks, that he received it from one Gray, whose name was upon the false plate. Afterwards, when he was before the justices, he confessed he had it from Little and Jordan. Matthew Richmond . I am a watchmaker, I live at Holborn Bridge. About the latter end of February, I was sent for by the prisoner to the Wheelers Arms, in Cloth-Fair. I found Little with him. I have known them both about two years. When I came there, Jordan said, he had a watch to dispose of, and asked me to look at it. He told me, it was a gold watch; but, upon examining it, I found the outer case was only metal gilt. He asked what I would give for it? At first, I said, I did not case to have any concern with it. At last, it was agreed he should have what money the gold box would fetch. After having it examined at the silver smiths, I allowed him one pound eighteen shillings for it. When I came back, I brought back the metal case, they let me keep that; they said, it would be of no use to them; then I got the metal box made for a movement, intending it for my own use, and put another name over it, by way of precaution; for I acknowledge, I suspected it was stolen. I went and offered to pledge it with Mr. Pharez. Mr. Pharez took off this false piece, and began to question me about it. I said at first, I had it from Gray. But when I was before Sir John Fielding , I confessed I had it from Little and Jordan. Little was taken up upon my information that night. I told Sir John Fielding , that Jordan was the man I had it from, and Little was in company. John Little . Jordan and I went out from a house in Long-lane; we went between Kentish-town and Pancrass; we met this post-chaise. Jordan ran up directly with a pistol in his hand. The post chaise boy stopped. Jordan went round, and opened the chaise-door, and demanded the gentleman's money and watch. I went to the other door. As we were coming across the fields afterwards, he told me he had lost the money out of his pocket, and gave me the watch. Q. Was you by when this watchmaker was sent for? Little. I believe I was. Jordan and I were at the Wheelers Arm's together. Prisoner's Defence. I am innocent of what I am charged with. I know nothing about that man. I was taken at Tyburn Turnpike. I had been to Hammersmith to my two sisters. I had two bundles. two men stopt me. It was in the dusk. They asked me where I got those bundles? I said, from my sisters at Hammersmith. They took me to Sir John Fieldings '. I was had up twice. They asked me my name. I told them Jordan immediately. These men said, they had been in goal twenty-two weeks, and they should go and take them up again, about some robberies that had been committed. I was put back. They brought up these men, and I was swore into the robbery. Sometime after these men had first been an evidence, there was another Harry Jordan taken, just when I was first apprehended. These men cleared them, after they came back both of them to New Prison. Little declared to a man now in Newgate, that this Harry Jordan was the man; but he behaved always like a man to them; and therefore they cleared him for it. Some time after, this other Harry Jordan was taken again for house-breaking, with the property upon him, and these two men declared, that Harry Jordan was confederate with Little, and Little and he committed the robbery together; only Little cleared him for it, because he always behaved well to him. At that time, I was in the country. I did not know when the robbery was done, till I heard the indictment read over this morning. At Sir John Fielding 's they asked the prosecutor when the robbery was committed. He said, he did not know. Had I known when the robbery was committed, I could have brought sufficient witnesses out of the country, that I was there at the time. There is a man I believe in court, that knows when I went out of London, and returned to London. I went into the country the 26th of October; I came back to London again about March. Court to Little. How long have you known Jordan? Little. Near three years. Court to prosecutor. Do you recollect the person of Little? Prosecutor. No. The door was not open that he was at. Court. You don't recollect any thing of their persons? Prosecutor. No. Prisoner. George Butcher , William Brannon , and Daniel Lees , who are in Newgate, will prove, that after they came from Sir John Fielding's, and this Harry Jordan had been taken, Jack Little brought some shoes and stockings Jordan had given him. One of the Keepers of New Prison. This Harry Jordan was in New Prison at the time this lad was taken up; that Jordan was taken for another robbery, Little was in at the same time; Little was taken up first; there is a great deal of difference in the size of these two Harry Jordans . Court. Did you hear either of these persons say any thing of that Harry Jordan ? Keeper. No. For the prisoner. William Brannon . Q. Do you know John Little ? Brannon. Yes; he was in New Prison along with me last April. I heard him say, that he went up one rotation day to Sir John Fielding 's, there was one Harry Jordan taken up for a robbery; he was hanged two or three sessions back. Q. What robbery was it? Brannon. A footpad robbery. Q. Do you know when it was committed? Brannon. I was in goal. Little and I used to eat and drink together when I was in New Prison. He said this Harry Jordan has been a good friend to me. If I can do any thing to save him, I will. As for the other Harry Jordan , (meaning the prisoner) he is in the country. Guilty , Death . 622. (M) THOMAS CHADBOURNE was indicted for stealing two yards of brown silk damask, value twenty shillings; a silk petticoat, value thirty shillings; two yards of lawn, value six shillings; six linen napkins, value six shillings; a muslin apron, value eight shillings; a pair of stays, value ten shillings; a silk handkerchief, value two shillings; a linen shift, value three shillings; three linen table-cloths, value fifteen shillings; a silver hast of a knife, value fifteen shillings; a silver breeches buckle, value three shillings; and a pair of gold wires, value one shilling and six-pence, the property of Solomon Jacobs ; and one cheque linen apron, value one shilling, the property of Judith Eleazer , in the dwelling-house of the said Solomon Jacobs , Aug. 18th . + Acquitted . 623. (M) JAMES PERCIVAL was indicted for stealing three quarts of wine, value five shillings; three pints of brandy, value four shillings; and six glass quart bottles, value one shilling , the property of William Aldridge , July 14th . * 624, 625. (2d. M.) MATTHEW BEVAN and JOHN JENNINGS were indicted, for that they in a certain field and open place hear the king's highway, in and upon Thomas Hillier did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, and a guinea and half a guinea in money, numbered, the property of the said Thomas , July 3d . * Thomas Hillier . Coming alone from what they call the half-way house from Hampstead to London, about a quarter after nine at night, the third of July, I was robbed. I was met in the footpath in the field by the two prisoners at the bar. I saw they had two short bludgeons in their hands; I did not much like the looks of them. I passed them; I met them near some hay-stacks; I said something low that I wished them a good evening, or something of that sort; they said something low in reply, I cannot say what; I walked pretty fast across that field; I had a great mind to run, but was afraid; I looked behind me several times going across the field, and I saw them turn up towards the hay-stacks: I came forward and walked pretty fast across that field; just as I came out into the next field there was a gateway but no gate; I saw one of them come through a gap in the hedge; he ran across the road and ran up to me, and took hold of my collar with both hands; knowing him to be one of the persons I was a good deal afraid, thinking the other man was near; I did not see the other directly; he said, "have you "got any money in your pocket?" I rather smiled and said, what do you mean by asking whether I have any money in my pocket? then he said, "d - n your blood, I will have it "before you go any further:" I told him I had got but a little in my pocket; I took my purse out of my left-hand pocket, there was a guinea and a half guinea in it; I held it out to him, and he took it; he said, "d - n your "blood, you have got a watch:" I said, yes, I had; while these words were passing, I looked over my shoulder, and saw the other man that I had seen before come out of the same gap; he came up with his stick in his hand and directly struck me over the left leg, and said, "d - n your blood;" the other then took the watch out of my pocket: the second man kept beating me over the leg; just as the first had got my watch out of my pocket, I was turning my head round, and the other that had been beating me before, hit me a blow upon the temples that brought me to the ground. I lay a little upon the ground, my senses were gone for a considerable time; I got up; after I recovered myself I found them both standing by me; they swore I had more money in my pocket; they searched my waistcoat and breeches pockets; the fellow swore all the while, and kept beating me; after that the second man that beat me, said, "d - n your "blood, why don't you go along?" the other had hold of my collar at the same time. I said, I could not go while he held me by the collar; then he let me go, and the other said, "d - n "your blood why don't you go along," and then they went away. Q. When was the next time you saw them? Hillier. About a month afterwards at Sir John Fielding 's. Q. Was it light at the time you was robbed? Hillier. Pretty near as light as it is now. Q. Did you take notice of the faces of the persons so as to know them? Hillier. I took particular notice of both their faces; I always said, I should know them, if ever I should see them again. Q. In what room did you see them at Sir John Fielding 's? Hillier. I saw one of them in a back room over at the publick house; I knew him immediately; I afterwards saw him before the justice. Q. Which was that? Hillier. Bevans. I immediately charged him in the office with being one of the men that robbed me. Q. What sort of a watch was it? Hillier. A double case silver watch; it had my own name engraved in the inside of the case, and the date of the year 1756, it had a steel chain, a seal, and a brass key. Cross Examination. Q. Was you going from Hampstead to London, or from London to Hampstead? Hillier. I was coming from Hampstead to London? Q. You say you met two men, they were going then from London to Hampstead. Hillier. Yes. Q. You passed them instantly, so could have no great view of them then? Hillier. What made me take more notice of them was, I saw they had two short bludgeons. Q. At that time of night the light was not good? Hillier. It was not day-light nor dark. Q. Might it not be half after nine o'clock? Hillier. I will not swear to a few minutes. Q. How far were the hay-stacks off? Hillier. Only a small distance. Q. You walked pretty fast? Hillier. Yes. Q. What distance might this gateway be from the place you first met them at? Hillier. About four hundred or perhaps five hundred yards. Q. The men you met were behind you then as they were going a different way. Hillier. Yes. Q. When did you first see any thing of them? Hillier. When I got across the field. Q. You said one came out of the gap? Hillier. Yes. Q. Do you know which that was? Hillier. Bevan. Q. At what distance of time did you see the other? Hillier. In a minute, or minute and an half after. Q. Could you see where that other man came from. Hillier. As near as I could see, it was the same place; I saw Bevan's coming before Jenning's some time before he came to me. Q. Was he walking or running? Hillier. A running. I did not see him till the moment he came out of the gap of the hedge. Q. How far was you from that gap then? Hillier. Between twenty and thirty yards, I believe. Q. I believe it was the second of August you saw them at Sir John Fielding 's? Hillier. I believe so. Q. Who desired you to look at them? Hillier. I had given information at the office, and had attended many times to see if I knew the persons; there was one man taken up, I acquitted him, for I knew him not to be the man. Q. Do you know whether Bevan and Jenning's were in setters? Hillier. I am not sure as to Bevan, I know Jenning's had none on. Q. Was Jennings shewn to you in the office? Hillier. No, he came to vindicate his young master's character respecting the robbery he was taken up for; I said, as soon as I saw him, that is the other man that robbed me; he was called upon as a witness; I knew him the moment he came in at the door. William Halliburton . There had been a robbery committed the night before Bevan and Jennings were taken; they were taken the beginning of August; a man had been taken before that, who answered the description that Mr. Hilliard had given of Jennings: when Mr. Hilliard saw him, he said he was not the man; he was therefore discharged. I was at the office after the prisoners were taken; Bevan only was put to the bar. Bevan called for Jenning's; when he came, the prosecutor said he was the other man who was concerned in the robbery, and particularly, he said he was the man who beat him. Bevan's Defence. At the time of this robbery I was out with my lord Pomfret; I went out with his chaise between four and five o'clock in the afternoon; I went to the Rose and Crown, at Hounslow; I came back between nine and ten. Jenning's Defence. I know nothing of the affair the gentleman accuses me with; I was at home at Mrs. Jennings's all that day. For Bevan. Jeremiah Gascoigne . I am servant to my Lord Pomfret. Q. Do you know Bevan? Gascoin. Yes, he did live at the Nagg's head, in Swallow-street. Q. I believe his mother keeps a livery-stable? Gascoin. Yes. Q. Pray did my Lord Pomfret frequently have chaise of his mother? Gascoin. Yes. Q. Do you know whether Lord Pomfret had a chaise of her on Monday July the 3d? Gascoin. Yes. Q. What time of day? Gascoin. After four, he had his own carriage, a pair of horses, and a saddle horse. Q. Where was his lordship taken up? Gascoin. At his own house in Madocks-street; the prisoner drove him, I rode the saddle horse. Q. What time did you set out? Gascoin. I cannot exactly say; it was after four; Bevan went with us to the Rose and Crown, at Hounslow. Q. What time did you get to Hounslow? Gascoin. I cannot say that; I believe in about an hour and a quarter; that is the time we generally go in. Q. Did you go the usual pace? Gascoin. Yes. Q. Do you know whether the horses were taken off at Hounslow? Gascoin. Yes, we had fresh horses there. Q. What became of the horses Bevan drove? Gascoin. He went into the yard to strip them; I gave him two shillings by my lord's order; I saw no more of him. On the Thursday following, the prisoner Bevan, drove my lord to Dartford, he had then four horses. Q. How long have you known Bevan? Gascoin. As long as my lord has had horses of Mrs. Bevan; I believe it is two years, during that time he has drove for his mother. George Hughes . I am hostler to Mrs. Bevan. Q. Do you remember Lord Pomfret having any horses of Mrs. Bevan, on the 3d of July? Hughes. Yes, it was on Monday, the horses went out of the yard a little after four; they went off about half after four, and I returned into the yard. Q. What time did Bevan return with his horses that night? Hughes. Between nine and ten; above half past nine. Q. I suppose when the horses go with a gentleman to Hounslow, they generally stay some time to bait? Hughes. Yes, they generally go into the stable and bait, and wash their shoulders, and come gently back. Q. Did they seem to have come gently back? Hughes. They came in cool. The prisoner took off the horses after they came back; watering and cleaning, and every thing, takes up about three quarters of an hour. Q. You did not see him, I suppose, after that? Hughes. No. Court. How came you to be so certain that it was the 3d of July? Hughes. Because we book every bey that goes out; I have the book here. Q. Who books it? Hughes. My mistress books it, it is put upon the slate, I carry up the slate, and she books it. Q. What was on the slate? Hughes. I believe, two horses and a saddle horse to my Lord Pomfret. Court. (inspecting the book) Is this your mistress's hand-writing? Hughes. I do not know whether it is my mistress's or Mr. Brown's. Q. You know nothing about keeping this book yourself? Hughes. No. Q. to Gascoin. Are you clear that it was on the 3d of July? Gascoin. I am very clear of it. My Lord Pomfret came to town on the Sunday before, which was the second. Q. from the jury to Hughes. Can you write? Hughes. Yes. Q. Why are you so particular to the 3d of July, more than any other day? Hughes. Because I set it down on the slate, and it is carried up at night, and put in the book, and rubbed out of the slate. Court. At half after four they set out. Hughes. Yes. Q. Then they are an hour and quarter going to Hounslow, that brings them there about a quarter before six. When you send to Hounslow, how long do you allow the boy to stay there with the horses? Hughes. An hour, or an hour and a quarter. Q. Then from half after four, should you not reasonably expect this young man home before nine o'clock? Hughes. No, we always allow the boys four hours and a half to go to Hounslow; that is the usual time. Counsel. They do not usually come home very fast? Hughes. No. Q. Who has the carriage back? Hughes. Ourselves. Q. Then perhaps the boys may stay some time to get something back? Hughes. As they like. Ann Harvey . Q. You make the prisoner Bevan's bed, I believe? Harvey. Yes. Q. Do you know whether your young master lay at home that night? Harvey. I cannot say, he might go out without my knowing; the bed had been lain in, I made it in the morning. - Dyer. I am a baker in Swallow-street; I have known Matthew Bevan fifteen years; he lived with his mother; I never heard any thing to the contrary, but that he was very honest; I used to see him in his business every day. John Hall. I am a victualler in Carnaby-market; I have known Bevan from a child; he appeared to be an industrious lad in his business; a sober, quiet lad, not addicted to swearing; I never heard any thing bad of him. For Jennings. Elijah Bissell . I am a publican; I keep the Queen's-head, in Duke-street, St. James's; I have known Jennings about ten years; he is now a coachman by trade, he was a postilion, and lived with 'Squire Hasley, in Pall-mall; he left him about seven years ago; afterwards he drove Lord Howe; after that, he rode post for Mr. Bowling. I have known him down to the present time, I never heard any thing amiss of him. Wm. Bowling . I am a stable-keeper in the Hay-market; I have known Jennings between three and four years; he lived three years servant with me; he left me about four months ago; he always behaved very sober and honest. Stephen Burnett . I am a coach-maker, in Windmill-street; I have known Jennings about four years; I know nothing of him, only serving his master; I have never heard any harm of him. Q. to Hilliard. What did you mean by saying Jennings was with his young master? Hilliard. Bevans was called his young master. Hughes. He has drove for Bevan when he was ill. Both guilty , Death . 624. (M) BENJAMIN NASH was indicted for stealing a gold locket, value twenty shillings, and two rows of gold beads, value twenty shillings , the property of Richard Green , Sept. 8th . || Acquitted . 625. (M) ELEANOR, the wife of WILLIAM BLACK , was indicted for stealing a feather bed, value sixteen shillings; a bolster, value four shillings; two pillows, value two shillings; four blankets, value twelve shillings; a rug, value two shillings; a copper tea-kettle, value two shillings; a pewter dish, value one shilling; two pewter plates, value one shilling; two copper saucepans, value two shillings; a silver tea-spoon, value one shilling; a brass candlestick, value six-pence; a pair of iron fire-tongs, value eighteen-pence; three damask napkins, value two shillings; two black silk cloaks, value four shillings; a camblet cloak, value two shillings; a linen night-gown, value five shillings; two cotton night-gowns, value ten shillings; a cotton petticoat, value three shillings; a thread sattin bed-gown, value one shillings; three linen shifts, value nine shillings; a white cotton petticoat, value six shillings, a black worsted quilted petticoat, value six shillings; three muslin aprons, value five shillings; a linen night-cap, value six-pence; a pair of womens stays, value four shillings; two linen pillowbiers, value one shilling; and one bound printed book, entitled the Holy Bible, value one shilling , the property of Joseph Neal , July 26th . + Isabella Neal. I am the wife of the prosecutor; the prisoner lived servant with me when the things mentioned in the indictment were stole; she had lived with me nine months and a fortnight; I turned her away the day after the things were lost; while I had gone backwards and forwards to my husband, who was in the King's Bench; I left her in the house; she confessed voluntarily before the justice, that she had taken the things, and went with me to the pawnbrokers, where she had pawned them. Edward Wright . I am a pawnbroker; the prisoner has brought things to pawn, and redeemed some of them again eight or nine times over, (produces the tea-spoon) the other things are so bulky, it was impossible to bring them all here. The tea-spoon was deposed to by the prosecutrix. Prisoner's Defence. I did it out of necessity, my mistress not having allowed me more than three shillings, for six weeks. Prosecutrix. She had bread and butter, and small-beer, during all that time; I cannot recollect what money I gave her. Guilty . [Transportation. See summary.] 626. (M) JOHN WILD was indicted for being found at large without any lawful cause, before the expiration of the term of seven years, for which he had been ordered to be transported , June 7th . + The record of his conviction was read in court. Samuel Sidebotham . I am steward to Sir Watkins William Wynne. Q. Did you attend the court at the trial of the prisoner for robbing Sir Watkin? Sidebotham. Yes; he had pleaded guilty just as I came in. I am sure he is the same person; he lived with Sir Watkin two years; I both hired and discharged him. On the 4th of September, just as I had finished my dinner, I was informed there was somebody upon the hay, in the hay-barn, which is a very large place, containing fifty or sixty tons of hay, it was filled but the Saturday before; we searched the barn, and in about an hour found the prisoner concealed in the hay: this was in the parish of Rhuabon, in the county of Denbigh. He said, he landed at Liverpool, and was on his journey to his father's; that he concealed himself there till night, because he was afraid to travel by day. We had him committed; and afterwards removed him to town. He was examined at Bow-street, and there he confessed that he landed at Blackwall. John Harris . I was concerned in the prosecution of the prisoner for robbing Sir Watkins William Wynne . I know he is the same person; he was Sir Watkins' servant. Prisoner's Defence. I have nothing to say. Guilty Death . (M) 627. PHILIP HEATH , was indicted for stealing eight pieces of silk lace, containing one hundred and sixteen yards, value seven pounds; four pieces of thread lace, containing thirty-four yards, value five pounds; two silk handkerchiefs, painted, value twenty, shillings; three pair of worked muslin ruffles, value three pounds; a worked muslin apron value twenty shillings; three gauze handkerchiefs, value three shillings; a gauze handkerchief, pointed, value one shilling; seven pair of womens leather gloves, value seven shillings; two pair of womens silk gloves, value two shillings; seven pieces of silk ribbon, value fifteen shillings; a silk cloak, value twenty shillings; a pound weight of brass-pins, value two shillings; and a sattin petticoat, value thirty shillings , the property of Elizabeth, the wife of Joseph Vaux . Second Count. Laying them to be the property of Joseph Vaux , July the 8th . ++ Joseph Vaux . My wife is a separate trader in the haberdashery way. The prisoner was my journeyman . Mr. Knot, who lives in Covent-Garden, informed me, that four pieces of lace were tendered to him by a woman: that finding my mark upon them, he stopped the lace; and the woman, having given an account where she lived, he sent for me; we went to her lodgings; there we found the prisoner Heath; the lace was produced, and the woman said, she had it from Heath, which he did not deny; but said he took them from Mrs. Vaux. They are not such things as I can swear to. Q. Were there any promises made to him to induce him to confess? Vaux. No; the woman who he cohabited with, was desired to produce every thing he had made her a present of. She went up stairs, and brought down all the rest of the things at twice. We charged the prisoner with taking them from Mrs. Vaux; and he confessed he did take them from her. They were all put in the trunk, and locked up, and delivered to the constable. Thomas Shirley . I am a constable. I had a search warrant to take the prisoner, and search their house, which was at Kennington Common. It was the house of one Giles. I found the things in the trunk. The prisoner and Mrs. Giles were there together. The things had been produced, and put into the trunk before I came. I have had them ever since. "The things mentioned in the indictment "were produced in court by the constable." Prosecutor. Here is a piece of lace edging I can swear to; here is a worked muslin apron with my own mark upon it, a pair of worked strips muslin ruffles, with my mark upon them, and a pair of double worked muslin ruffles my own marking; I can swear to them. If he had never confessed, I could have swore these were my wife's property. "Thomas Overton, who went to the house "with the constable, confirmed Mr. Vaux's "evidence of the prisoner's confession." Thomas Knot . On Saturday last, a woman offered to sell me four pieces of lace. I stopped them. My apprentice observed marks upon them, which he thought were Heath's marking, who was servant to Mr. Vaux. She told me she lived at Kennington Common. I sent to Mr. Vaux, and we all went to the house, of the woman. We found the prisoner there; and, upon the producing of the things, the prisoner confessed he took them from Mrs. Vaux's shop (produces the lace he stopped on the woman). The prisoner confessed he took this lace out of Mrs. Vaux's shop. William Bridges . I live with Mr. Knot in Covent-Garden. I formerly lived with the prosecutor at his uncle's. When the woman brought the cards of lace to our shop, I told my master, I thought the mark on them was the prosecutor's hand writing. "The prisoner said nothing in his defence; "but called four witnesses to his character, "who deposed, that they had known him for "many years, and had never heard any thing "to his prejudice before." Guilty T . He was recommended to his Majesty's mercy by the jury. (L) 629. WILLIAM MITCHEL was indicted for stealing a silk handkerchief, value four shillings , the property of Timothy Brown , July 19th . ++ Timothy Brown . On the 19th of July, coming from the Borough, when I was under the piazzas in Love-lane , a gentleman told me, the prisoner had got my handkerchief. I pursued the prisoner down Botolph-lane, and took him; but he had not the handkerchief then. Walter Kennon . Walking up Love-lane, I saw the prisoner take the handkerchief out of the prosecutor's pocket, and put it into his bosom. I told the gentleman of it. We pursued him down Botolph-lane; and crying stop thief, he threw away the handkerchief. It was picked up, and brought to the gentleman. Prisoner's Defence. I never saw the gentleman's handkerchief in my life. Guilty . [Transportation. See summary.] (L) 628. MARY SMITH was indicted for stealing a linen shirt, value five shillings; and a silk and worsted gown, value six shillings , the property of Sarah Hall , widow, July 17th . ++ Sarah Hall . I live in George-yard, Snow-hill . I follow the business of quilting. I have employed the prisoner at times for seven years. She begged of me to employ her. I took her in to iron some things I had washed. Being very ill, I went and lay down about twenty minutes. When I went to lay down, the shirt was in a basket, with other things that were to be ironed; and the gown hung on a pin by the door. A gentleman knocked at the door. Not hearing her go to the door, I got up, and opened it. I then missed her and the shirt out of the room. I went to her sister's to enquire after her; and when I returned I missed the gown. A little girl, who lives opposite, told me, she saw her go out with her apron full of things. I gave a description of her at the justices; and the next day I was informed she was stopped with a shirt upon her. I went and saw the shirt was mine. Mary Mexley . On the 17th July, the prisoner brought this shirt to me to pawn, in the name of Mary Blackman , and I stopped it. "The shirt was produced in court, and deposed "to by the prosecutor." Richard Wall. I took in pawn a worsted gown from a woman. I cannot say the prisoner is the woman. She pawned it in the name of Mary Blackman . "The gown was produced in court, and "deposed to by the prosecutor." Prisoner's Defence. I asked Mrs. Hall to let me have some money. I wanted to buy a pair of shoes. She said she had missed taking a bill, and could not help me to any money; but said, I might take any thing and pledge that I thought would not be wanted. There was a gown and a shirt of one Parkinson's, who lay down with her that afternoon; she said they would be least wanted. I took them to pledge, and the pawnbroker stopped the things. One of them sent me to the watch-house, and I was taken the next day before the justices. There this poor lady was very ill, and she was near fainting; but the justice forced her to be bound over against me. Q. To the prosecutor. Did you give her leave to pawn things for you? Prosecutor. I never did. Guilty . [Transportation. See summary.] (L) 630. ANN WALKER was indicted for stealing a silver table spoon, value ten shillings , the property of John Sadler . April 18th . + Acquitted . 631. (2d. M.) JAMES GORDON was indicted for stealing a copper kettle, value twenty-five shillings, and a wooden handspike, value six-pence , the property of Charles Limeburner , July 21st . + William Wharton . On the 21st of July, I lost a wooden handspike and copper kettle out of a ship at the Hermitage, they were the property of Mr. Limeburner who lives at Hull in Yorkshire. I don't know who took them; they were found at Union-stairs, and I was sent for. James Flowers . On the 21st of July, between two and three in the morning, I had occasion to be at Union-Stairs with another man; we heard a snoaring, and thought it was somebody in the mud; we followed the sound, and found the prisoner asleep and the kettle by him; we asked him where he had it from; he said, out of a ship at Bishop's-chain , and said, he would take us to the ship; we went with him, but the ship was not there, and giving no account of himself, we delivered him over to the constable: The prisoner said nothing in his defence. Guilty . [Transportation. See summary.] 632. (M.) WILLIAM GIBBS was indicted, for that he in the king's highway, in and upon Thomas Atkinson did make an assault, putting him in corporal fear and danger of his life, and stealing from his person three shillings and three-pence in money, numbered, the property of the said Thomas , August 19th || Thomas Atkinson . I am a joiner , and live at Pimlico. Upon the 19th of August last, at half past eleven at night, as I was walking home alone in the five-fields between Pimlico and Chelsea , two men came up to me and attempted to throw me down; while they were struggling the prisoner came up and knocked me down, and took my money out of my right-hand pocket. I had three shillings and three-pence about me, some in my breeches and some in my coat pocket; I don't exactly know how much in one, and how much in the other, but all was taken from me; they asked me where I was going; I said, home; one asked me if I had a watch; I said, no, I had not. The prisoner laid his left-hand upon my breast, as I was not very willing to lie still, and said, if I did not lie still, he would murder me. When they had got what I had in my pocket they let me go; I immediately got up, and a watchman and I pursued him; at the King's-road-Bar, the watchman seized the prisoner; that was not more than five or six minutes after I was robbed. I was just behind, and came up upon the watchman's seizing him. I told the watchman he was the man; they took him to the watch-house; I had never seen him before; it was a star-light night; I saw enough of him before he knocked me down to observe him; I took more notice of him than I did of the other man, because he held me down. Valentine Fitzgerald. I am a watchman. Atkinson came to me that night about half past eleven; when I was about the Wheatsheaf going my rounds; he told me he had been robbed by two or three men; I pursued them, and by the turnpike I seized the prisoner. I saw at the same time, two other men going along by Bloody Bridge, but I cannot say the prisoner was in their company. Atkinson was at this time a little behind; when I came up to him, I told him, unless he could give a good account of himself, I would carry him to the round-house. Atkinson at this time came up, and said, watchman, that is one of the men who robbed me; I asked him if he was sure of it; he said, I am certain; upon which I took him to the watch-house. Q. From the Jury. Did Atkinson appear to be sober? Fitzgerald. He seemed to be as sober as he is now. Prisoner's Defence. I was going home about half after ten; I went into the sign of the Coat at Pimlico, I had a pint of beer there; I staid some time, I don't justly know how long, being somewhat in liquor. Q. To the Watchman. Did he appear to be in liquor when you took him? Fitzgerald. He might have drank something, but he could talk and walk as well as I could. For the Prisoner. Thomas Watson . I keep the Goat at Pimlico. The prisoner came to my house at about half an hour past ten, on Saturday night the nineteenth of August; he had a pint of beer, and wanted another; I refused it, seeing him much in liquor; he staid there with me, till it was rather more than a quarter past twelve o'Clock; he never stirr'd out of the house: I heard he was taken up directly, as he went out, and I gave this evidence immediately at Sir John Fielding 's. Henry Watson . At half past ten I found the prisoner in Thomas Watson 's house, at the Goat at Pimlico; I staid there till one in the morning; the prisoner staid there till half past twelve; he was very drunk; I am positive he did not go out of the room. George Tomlinson . I have known the prisoner upwards of a twelvemonth. I am gardener to Dr. Waller; the prisoner worked under me all last winter; I have trusted him; I never found but that he was an honest just man William Giddins . I was at Mr. Watson's house; I came in about nine; the prisoner came in about half after ten; I was with him in the same house till a quarter after twelve. Guilty , Death . 633, 634. (M.) JOSEPH JONES and EDWARD JONES were indicted for stealing a cornelian seal set in gold, value five shillings; a stone crystal seal set in gold, value five shillings; a tooth-pick case, value one shilling; a paper machie snuff box, value one shilling; a pearl hair pin, value two shillings; two stone hair pins set in silver, value two shillings; a pair of black cloth breeches, value one shillings; a fowling-piece mounted with silver, value three pounds; another fowling-piece mounted with steel, value forty shillings, and a silk waistcoat trimmed with gold-lace, value five shillings , the property of Thomas Huddleston , August 30th + Thomas Huddleston . I live in Hatton-Street , I returned to town upon the fifth of this month; I had been absent from the beginning of August; I was informed my house had been broke open: Mary Kimber had the care of my house. Some suspicion had fallen upon the two prisoners as they had been employed to mend and clean my windows. I got a warrant at Sir John Fielding 's against the prisoners; I went with a constable to the house of the mother of the two prisoners; they were not there; I was told they had not been there the whole day: at night I was told one of them was with his mother; I went there, I found Joseph and another brother in the kitchen, but not Edward: I asked him how he came to serve me so; he said at first he knew nothing of it; afterwards he said, if you will shew me mercy I will tell you all about it: I made no promise, then Joseph told me where the things were; the constable came in soon after; I asked him if that brother was with him; he said no, but he would send for the other brother who was with him: the boy returned who was sent and said, he was not to be found; this Joseph said he would go and fetch him; the constable would not trust him to go by himself; we went with him to a house he cohabited with a woman in; we could not find him; we were going away, but afterwards we searched the cellar and there we found the prisoner Edward; we took them to the watch-house, and they were carried to two different prisons; in consequence of directions given by the justice, I went and found several things at different pawn-brokers. Mary Kimber . I am servant to the prosecutor. I kept the house in his absence. The prisoners were backward and forward cleaning the windows several times. On Wednesday fortnight I missed the waistcoat and gown; and saw the bureau broke open. I mentioned this to the painters. I told them I suspected the glazier s. They had come to the house at times when other people were not there, and had neglected to come afterwards, according to appointment. I acquainted my master's brother-in-law of what had happened. Joseph Clarke . Upon the 30th of August, Joseph Jones sold me a gold seal about three in the afternoon. He said he had won it at a raffle. (the seal produced.) Prosecutor. It is my property. It has my arms and crest. Richard Clarke . I am a jeweller in Holborn. Upon the 30th of August, Edward Jones offered a seal to sale at my shop. I was not at home. My wife bid him come in the afternoon. He came next day, and said he found it in Hatton-Garden. I bought it of him. Henry Harris . The prisoner Edward lodged at my house. The woman who called herself his wife brought several things to my house. Thomas Jones . I am a pawnbroker. I took in a pair of breeches of the prisoner Joseph, (producing them.) Prosecutor. I believe they are my property; but there is not such particular marks upon them as the seals; I cannot be so positive to them. Joseph Smith . I am a gunsmith in the Fleet-market. I bought two guns of the prisoners, and I sold them the next day. Both Guilty . [Transportation. See summary.] (M) 635. WILLIAM BRIGGS was indicted, for that he, in the king's highway, in and upon Sarah, the wife of Henry Southouse , putting her in corporal fear and danger of her life, and stealing from her person five shillings in money, numbered the property of the said Henry , July 5th . Acquitted . (2d. M) 636. JOHN JENKINS was indicted for stealing a scarlet cloth cloak, value five shillings; a linen bed gown, value three shillings; a black silk apron, value one shilling; a silver hair pin, value three shillings; a silk handkerchief, value sixpence; two yards of linen, value two shillings; two yards of cotton, value two shillings; and fifteen shillings in money , numbered the property of John Eyre , August 17th . ++ Elizabeth Eyre . I am the wife of John Eyre . My husband is a sea-faring man . I keep house in his absence. He was abroad before the time of loosing these things. I was out all night. I went out about eight or nine. About two hours before I went out, I saw all the things safe in a box just adjoining to my bed, in my own bed-chamber. I returned next morning about eleven o'clock. I missed the things; and I found the prisoner in the street, going to take water. He had a bundle upon him, containing the things mentioned in the indictment. They are my property. They were taken out of my box. The prisoner gave me half a guinea, as part of the money he had taken from me. Thomas Lawley . I was present at the taking of the prisoner. The prisoner said nothing in his defence. Guilty . [Transportation. See summary.] (L) 637. EDWARD LYNCH was indicted for stealing a linen handkerchief, value ten-pence , the property of Michael Warren , August 6th . ++ Michael Warren . Upon the 6th of August, coming up St. Dunstan's Hill , I felt a twitch at my pocket. I turned round, and seized the prisoner. He got from me. I pursued him. I saw him drop the handkerchief. A gentleman took it up, and delivered it to me. "The handkerchief was produced in court, "and deposed to by the prosecutor." Prisoner's Defence. I never saw the handkerchief. Guilty . [Transportation. See summary.] 638 (L.) EDWARD TURNER was indicted for stealing a woollen cloth coat, value ten shillings; a woollen cloath waistcoat, value five shillings; two linen handkerchiefs, value one shilling; an iron tobacco box, value two pence; a horn comb, value two pence, and two iron keys, value two pence ; the property of Hugh Jones , August 21st . ++ Hugh Jones . I am a porter at a tavern. I staid out late on the 20th of April. When I returned, I found I was locked out. I went to a public house, where I met with a woman who decoyed me to her lodging, I staid there all night. When I came into the lodging, I found the prisoner and a woman in bed; I had part of the bed cloaths and lay on the floor. In the morning I awaked and found the woman in bed with me, but the prisoner was gone. I missed all my cloaths; I went afterwards in search of him and at his lodgings at Edmonton I found my tobacco box, my handkerchief and keys in a bag, but I did not find my cloaths. The tobacco box, handkerchief and keys were produced in court and deposed to by the prosecutor. Frances Wild . I was in a bed with the prosecutor. I was in liquor, so I can remember but little of the matter. I remember a man going to bed with me, and I remember when he awaked, his cloaths were gone. - Twelves. I was in bed with the prisoner. I saw the prosecutor come in. I don't know whether he came in with his cloaths, or without them. Johannes Parker . I am a constable. I went in search of the prisoner, and found the place where he lodged, which was at the house of one Brown. He was in his lodgings, he jumped out of the window, but was taken immediately. The things which are produced, were found in a bag under the bed. John Hopwood . I was present at the finding of the things, they were in a bag under the bed. I know the bag to belong to the prisoner. William Pound. I was also present when the prisoner jumped out of the window, he was taken directly. Prisoner's Defence. I know nothing about the things. They were in my pocket, I don't know how they came there. The Prisoner called three witnesses, who had known him several Years and gave him a good character. Guilty . 639. (L.) ROBERT ANGUS was indicted for that he in the king's highway in and upon James Willis , did make an assault putting him in corporal fear and danger of his life and stealing from his person a metal watch, value forty shillings the property of the said James , August 28th . ++ James Willis . I was attacked in Fleet-street , near two in the morning, on the 28th of August, by the prisoner and another man; I am positive the prisoner is one of them. It was a light morning. The first salutation I received was a blow on the knee, I believe it was the other man who struck me; I fell down in the kennel, and as I was getting up they both made at me and snatched my watch from me; it was the other man got my watch. I said you have got my watch, but you shall not have it, and made at him, but missed him I laid hold of the prisoner, but the other got off with my watch. Q. Was you sober at that time? James Willis . I was in my senses. I had been spending the evening at the King's-Head, in the Old Change. William Lee . I am a watchman: I was at my stand, the corner of Salisbury Court; the prisoner called watch; I asked him what was the matter; calling watch, when nobody was with him; for I did not see Willis at that time, who was down. Willis had hold of him. When the prisoner got loose, he ran past me like an arrow out of a bow, without his hat, he was taken by another watchman. when I went to Willis, to help him up, his hat was lying besides him, and another hat, whether it was the prisoner's I cannot say, but he ran away without one. James Roberts . I am a watchman in Salisbury Court. I heard watch called in Fleet-street, I met the prisoner and stopped him, he said, he had been knocked down and ill used, Willis came up and charged him with stealing his watch. I then took him to the watch house. Joseph Angus . I was constable of the night. The prisoner was brought to me by Willis and the two watchmen. Willis said, he had been knocked down by two men and he was sure the prisoner was one of them, and that they had stole his watch, but he did not know which had it. I searched the prisoner, but I found nothing upon him but a knife, a few halfpence and seven shillings. Prisoner's Defence. My lord, I am innocent, my witnesses are not here. Prosecutor. When I laid hold of this man the other struck me on the shoulder. I received blows from the prisoner as well as the other man. Guilty , Death . 640. (L.) WILLIAM WILTSHIRE was indicted for stealing eight pounds of moist sugar, value two shillings and six-pence, the property of persons unknown , July 27th . ++ Acquitted . 641. (L.) WILLIAM BARKER was indicted for stealing a silver half pint cup, value twenty-shillings , the property of Edward Tulet , August 23d . ++ Edward Tulet . I live in Fenchurch-street . I was not at home when the cup was stole. John Gilerist . I am a pawn-broker, the prisoner pawned a silver cup with me in the name of William Morris . (The cup was produced in court by Gilerist, and deposed to by the prosecutor.) Joseph Ram . I am a servant to Mr. Tulet, who is a clock-maker. The prisoner used to call and enquire for my master, who during the summer season lay out of town. On the morning before the cup was missing he brought a clock to clean; he went into the kitchen, the cup was kept near the kitchen door; it was about seven in the morning I believe; it was the 22d of August; the cup was missed afterwards. Prisoner's Defence. I was not there that day. Guilty . [Transportation. See summary.] 642. (2d M.) THOMAS WRIGHT was indicted for breaking and entering the dwelling-house of Elizabeth Blake , widow, on the seventh of August , about the hour of one in the afternoon (no person being in the said dwelling-house) and stealing a pair of leather pumps, value three shillings; a silver shirt buckle set with stones, value eighteen pence; and five guineas and thirteen shillings in money, numbered, the property of William Blake , in the dwelling-house of the said Elizabeth . + Acquitted . 643. (2d M.) JOHN COCKBURN was indicted for stealing six guineas, a half guinea and eighteen shillings and six-pence in money, numbered, the property of William Green , in his dwelling-house , August 16th . + Acquitted . 644. (2d. M.) SARAH RICHMOND was indicted for stealing a linen sheet, value ten-pence, and a flat iron, value six-pence, the property of Miles M'Hone , the said goods being in a lodging-room, let by the said Miles by contract to the said Sarah . Against the statute, July 5th . + Margaret M'Hone . The prisoner and her husband rented a ready furnished lodging of me; my husband was very ill in the country when I let the lodging; she continued in the lodging about six weeks at three shillings and six-pence a week; I wanted the sheets to wash; I asked for them several times; she said, she would give me them such a day, and such a day; at last finding the door open I went into the room; I pulled down the bed and missed a sheet out of it; I asked where the sheet was; she said, she would let me know, that if she paid her rent, I had no business in the room: I told her, I did not want to trouble her if she would tell me where the sheet was pawn'd, I would take it out at my own expence: she would not tell me where it was. On the Sunday following I missed a flat iron, and then I took her up. Henry Redshaw . I am a pawn-broker. On the 15th of July I took in a sheet of the prisoner. (The sheet was produced in court and deposed to by the prosecutrix.) Prisoner's Defence. I asked the prosecutrix to lend me half a crown; she said she could not, but as I was an old lodger she gave me leave to pawn the sheet. Guilty of stealing to the value of 10 d. W . 645. (2d M.) SARAH CLARKE was indicted for stealing a child's-linen frock, value six-pence; two check linen aprons, value sixpence; two coarse linen aprons, value sixpence; a pair of women's stays, value eight-pence; two child's flannel petticoats, value four-pence; a child's stuff skirt, value one penny; two linen pockets value six-pence; and fifteen shillings and two-pence half-penny in money , numbered, to property of Benjamin Marshall , June the 3d . ++ Mary Marshall . I am the wife of Benjamin Marshall ; we live in Goswell-street ; I employed the prisoner to nurse my child; when I went to bed on the third of June, I put my pockets between my husband's and my head, the prisoner lay in the same room; I wak'd about three in the morning, and the prisoner and the things mentioned in the indictment were gone, and the doors left wide open: when I had her taken up, she owned that she took the things. Lydia Porter . I went with the prosecutrix to the prisoner in new prison; she confessed there to me the taking of the things from the prosecutrix; she told me, she had pawned them in the name of Mary Palmer , and she said she took the pockets from under the prosecutrix's head, and that there were fifteen shillings and two-pence halfpenny in them; there were no promises made her in order to induce her to confess. Prisoner's Defence. I don't know what to say. The prisoner called two witnesses who gave her a good character. Guilty . [Transportation. See summary.] 646 (2d M.) MARY BONNEY was indicted for stealing a mahogany tea-chest, value four shillings; two tin cannisters, value four-pence; a quarter of a pound of green tea, value eighteen pence; a scarlet cloth cloak, value four shillings; a linen pocket-apron, value four pence; an iron ring, value one penny, four iron keys value four-pence, and seventeen shillings in money , numbered, the property of Henry Gadara , August 29th . ++ Acquitted . 647. (M) WILLIAM PICKNEY was indicted for stealing a pair of silver shoe buckles, value eight shillings; a silk handkerchief, value six pence; a pair of worstead stockings, value one shilling; a pair of leather shoes, value two shillings; and a hat, value six-pence; the property of John Erwin , privately from his person , August 24th . The prosecutor was called, but not appearing his recognizance was ordered to be estreated. Acquitted . 648. (M.) EDMUND M'DONNAUGH was indicted for stealing a cloth waistcoat, value one shilling and ten-pence , the property of William Bamford , August 12th || Acquitted . 649. JANE HENDERSON was indicted for stealing ten shillings and ten-pence farthing in money , numbered, the property of Luke Bannister , August 21st . + Luke Bannister . On last Saturday was five weeks, as I was coming from the pay-table, I met a young man who had worked with me; we went into a publick house for a pint of beer; the prisoner came in and sat herself down by me; when the beer came I took out eleven shillings, I changed a shilling of it to pay for the beer; I put both the silver and half-pence into my right hand pocket; she had not sat long before she put her hand into my pocket; I bid her keep her hand out of my pocket; it was then between eleven and twelve at night, and the landlord was turning the people out of the house; in their going out they knocked down the candles. I went to the door, and putting my hand into my pocket, I missed all my money. The prisoner was gone; I went to the bar to enquire after her; they told me, her name was Jane Henderson . The next morning I went to this house with my landlord, and found the prisoner there drinking with some other women; we brought her out of the house; she said, she had not the money, and she knew how to fling such a one as me; she wished there had been as much more in my pocket, and she would have had it all: and she further said, if I came the Saturday following, she would be sure to serve me so again. John Atkins . The prosecutor lodged at my house; he told me on Sunday morning that his pocket had been picked of his money the night before, at the Turk's Head: we went there and took the prisoner; while we were taking her out of the house, she told him to come on the Saturday night following, and if he had ever so much she would serve him so again. The Turk's Head in Dyot-Street is a very bad house; if I had not been an officer and a neighbour, it would have been impossible to have got her out. Prisoner's Defence. They took me to St. Giles's round-house, and searched me from top to bottom, and did not find a farthing on me. The prosecutor said, as he was going to the round-house, he could not say whether I was the woman or not. I never saw the man till the Sunday he took me. I am as innocent as the baby unborn. Guilty . [Transportation. See summary.] (M) 652. JOHN YARDLEY was indicted for feloniously and traiterously making, and assisting in making a mould of sand, in and upon which was made and impressed the figure, and resemblance, and similitude, of the head side of a shilling, he not being employed in the Mint, or having a lawful authority for that purpose, against the duty of his allegiance , and against the statute, &c. Second Count. For making, and assisting in the making, a pair of moulds, made of sand, each of which said moulds would make and impress the figure, &c. of one of the sides of a shilling, he not being employed, &c. or having any authority, against the duty of his allegiance, and against the statute, &c. Third Count. For having in his custody and possession a mould, made of sand, in and upon which was made and impressed the figure, &c. of the head side of a shilling, without any lawful authority, or sufficient excuse for that purpose, he not being employed, &c. or having a lawful authority, against the duty of his allegiance, &c. and against the statute, &c. June 30th . * The witnesses were examined apart, at the request of the prisoner. Rosemus Gregory . I live in Court-street, Whitechapel-road . I have known the prisoner about two years. What business he follows, I don't know. Upon the 30th of June, about nine in the morning, I went to the Cock alehouse for a pint of beer; a person informed me, that he knew of some coiners; and if I would call upon him at two or three in the afternoon, he would shew me the house they were at work at. I went accordingly about half after two; Files and Symmonds went with me; we went to this house; the street-door was open; we went up two pair of stairs; I peeped in at a little crack under the door, and saw a soldier sitting on the bed, with a jacket on; and then with an iron crow we burst the door open. The prisoner immediately jumped out of the window, and the soldier after him. I immediately jumped out after them, on to a lead at the one pair of stairs, and from thence into the street. The prisoner ran away, but I pursued him, and called stop thief. After he had ran about a quarter of a mile, he was stopped, and brought to me. The soldier was taken in a smith's shop he had broke into through the tiles. I searched Yardley, and found in his pocket eleven good shillings (producing them); I have had them ever since; they are what they call the paterns. William Symmonds . I have known the prisoner two or three years. I went with Gregory and Files, upon the 30th of June, between three and four in the afternoon, to this house. We called to them to open the door; but they refused; so we broke it open. I saw the prisoner and Taylor jump out of the window, and Gregory go after them. I staid in the room: I saw a crucible on the fire with some metal in it. I took it off with the tongs, and cooled it in water. I cannot say whether it was metal or drugs; but it was in a liquid state. I found some bad shillings on a table in the right-hand-side of the room; and we found a quantity of instruments and boxes in the room, (producing them). Before we broke the door open, I looked under, and saw the prisoner come from behind a rugg which hung before the fire; the prisoner was in his waistcoat, with his shirt sleeves tucked up; and Taylor was upon the bed, without his coat. Q. Who were apprehended upon this occasion? Symmonds. John Yardley , the father, and Taylor, were taken immediately after they jumped out of the window. The place they jumped out at, was a little window; it did not open; they took out the whole light, and threw it on the tiles, and I jumped out. Q. From the prisoner. If you took me without my coat, why did not you take me to the justices without my coat, as you did the soldier? Symmonds. He was taken to a public house, and there he desired to have his coat on before he was hand-cuffed. John Files . I went with the two last witnesses to this house, upon the 30th of June. The first sight I had of the prisoner, was when he and the evidence had jumped out of the window, and Gregory after them. I did not see him in the room. Q. How was he dressed? Files. I cannot be certain whether he had his coat off or on. I was in the room, and saw all the things there which are produced. The box that is produced, was on a table under the window they jumped out at. John Clarke . I saw the prisoner and the evidence before Justice Sherwood, I believe the morning after they were taken. The things found in the house were produced before the justice. I think I can swear this Dutch stove and drawer were produced there. I cannot swear to the rest of the things, because I have not had them in my possession. Q. Do you know who produced them? Clarke. Files, Symmonds, and Gregory. Q. Look at the instruments, and tell my lord and the jury for what use they are designed? Clarke. Here are what they call in the trade flasks. They fill them with sand; and whatever is meant to be cast, they make the impression of it with the patterns in the sand; and the metal is poured through the pipes at the end. Q. Explain how the impression is made upon the sand, and how retained? Clarke. The sand is made damp, and becomes hard, and of a solid body; then they put what they call facing over it, which is a kind of finer sand, which closes the pores of the sand, and prevents it leaving any marks upon the metal. Q. How do they make the impression of the shilling in the sand after it is faced? Clarke. They put a shilling in, and force it down; when they take it away, it leaves the impression; it is pressed down with screws; the moulds are put together, and the metal is poured in at the iron pipes. Q. Do they make more than one at a time? Clarke. Yes; a hundred, if the moulds are big enough. This mould, if full, would make thirty-six. Q. From the prisoner. Whether these things are not fit for any founders business, or any thing of that kind? Clarke. No; they are not fit for a founder's business; they may be used to cast small gold and silver things, as buttons, stay-hooks, earrings, and such things. Q. To Symmonds. Where did you find the counterfeit shillings? Symmonds. On the table in the prisoner's room. There were two tables in the room. They were on the table on the right-hand-side. Charles Taylor . I have known the prisoner half a year and better; he lived in Castle-street, Whitechapel, I was apprehended on the 30th of June, I was in the prisoner's room up two pair of stairs; the prisoner took the room by the week. Q. Do you know what the prisoner did in that room? Taylor. He cast this counterfeit money, (that is produced in court) in that room with these tools. Q. Did you do any thing on the 30th of June? Taylor. We did nothing that day; the counterfeit shillings were on the table; the prisoner cast them with these moulds. Q. Were the shillings left on the table when you jumped out of the window? Taylor. They were. Q. Tell the court and jury, the whole process, how the shillings are made? Taylor. The sand which is in the box, was put in the inside of the mould, and the impressions of the shillings were made in the sand. Q. Who put the sand in the moulds? Taylor. John Yardley put the sand in the flasks; the sand was wet, and the good shillings produced were put upon the sand and pressed, and then they were taken out. Q. Did you see this done? Taylor. Yes; by the prisoner: we had been in that place about five days; we made about five or six pounds worth there. Q. Who took them out of the moulds? Taylor. John Yardley : then the edges were filed and they were rubbed with scowering paper to make them smooth. Q. Were these shillings that were put on the table filed and rubbed in this manner? Taylor. Yes. Q. What was to have been done with them next, in case you had not been interrupted? Taylor. To be brought to their colour, by putting them into a liquid, either vitriol or aqua fortis, (producing some of each) which fluxes the silver, to that the silver is forced on the outside. Q. Do you know what metal they are made of? Taylor. Silver and copper. Q. Will the putting them in this liquid make them white, fit to put off? Taylor. Yes. Q. What proportion of silver and copper? Taylor. Half silver and half copper. Q. How long is this liquid producing that effect? Taylor. Half a minute or not so much. Q. to Clarke. Have you ever seen that experiment tried? Clarke. Yes, I have tried it, by taking one of these counterfeit shillings, or any metal that is part silver, put it in the fire and make it a dark red, and then put it in aqua fortis and water it forces the silver it on the outside; one might do 500 in an hour, put a quantity on a red hot iron and when they begin to be red, put them into the vitriol and water, or aqua fortis, and in less then half a minute it has that effect. I suppose if there is an ounce of copper and but three quarters of an ounce of silver it will do it, but it will not wear so long before it becomes brassy, as when there is half and half. Q. What did you do with this money? Taylor. I cannot tell, John Yardley had it; it was his property after it was finished. Q. How did he use to dispose of it? Taylor. I saw him once sell seven shillings and sixpence for five shillings and three pence good to on Richard Sell , a baker. Q. Do you know how the sand came in the condition it is now? Taylor. It has got dry since it was in use; it was all knocked out of the flasks into the drawer before the men came; the moulds had not been used that day. Q. After casting, will the sand do again? Taylor. No, it must be fresh wetted and the impression made again. Q. Pray what was your business? Taylor. I did the filing part, the finishing: the prisoner paid me a crown a day. I worked with him about three days before he went to that lodging: I was brought up a buckle maker. Q. What trade is the prisoner? Taylor. I cannot tell. Wm Pearson. I let a room in June to the prisoner and another man with him, I believe the other man's name was James Whitehouse ; he came on Monday, they were taken on Friday following: Taylor and Richard Yardley were backwards and forwards that week. Q. What room was it he rented? Pearson. The two pair of stairs room, the things were afterwards found in. Q. from the Prisoner. Did you ever receive any thing for this room? Pearson. No; he was not there a week: he was to pay five shillings a week; the room was furnished. Prisoner's Defence. I was going along Whitechapel road, I heard a noise; I went down a passage, I saw the gentleman; he cried out, stop thief, I ran away from him, because I had given a note for four pounds, and was afraid of being arrested. I have not brought any witnesses; I did not think I should have any need of them. Guilty , Death . 653. (M.) JUDITH HAY was indicted for stealing three wooden boxes, value three shillings; a paper box, value one shilling; a sattin cloak, value twenty shillings: a pair of silver shoe buckles value eight shillings; a silk handkerchief, value two shillings; a linen handkerchief, value one shilling; a pair of gold wires, value two shillings; a flowered lawn apron, value eight shillings, and three linen shifts, value six shillings , the property of Elizabeth Crutch , spinster, March 29th +. Acquitted . 654. (M) SOLOMON BELLENDINE was indicted for stealing fifty wooden bobbins, value one shilling, and eight pound weight of raw silk, value five pounds , the property of Peter Merzeau , July 26th || Acquitted . 655, 656, 657. (M) JOHN COX , JOSEPH PRIESTLY and ELEANOR OGLE were indicted, the two first for stealing a leather trunk, value forty shillings; two cloth coats embroidered with gold, value ten-pounds; a cloth coat, value twenty-shillings; a scarlet cloth waistcoat laced with gold, value twenty-shillings; a pair of silk breeches, value ten-shillings; a silk waistcoat, value ten-shillings: eighteen linen shirts, value nine-pounds; a pair of silver buckles inlaid with gold, value three pounds; two pair of mens laced ruffles value six-pounds; and a red morocco pocket book with two silver locks, value twenty-one-shillings ; the property of George Forbes , Esq ; and the other for receiving a red morocco pocket book with two silver locks, and a linen shirt, being a parcel of the above goods, well knowing them to have been stolen . August 13th ++. George Forbes , Esq; Upon Sunday the 13th of August, I came from Dover; when I came to town, I stopped in Parliament-street, to set down a gentleman, then the trunk was behind the chaise; I got down and looked at it; the driver not knowing the way to Wellbeck-street, Cavendish-square, I ordered my servant to drive on before; when we came to my house, we found the trunk gone, the straps were cut. I lost all the things mentioned in the indictment (repeating them) I saw all these things put in the trunk at Dover. I sent to Sir John Fielding 's that very night, and the next day, or the day after, I was desired to attend there, where I was shewn the remains of my pocket book, and some remains of the writing half burnt, and several pieces of my trunk; they were produced by George Strutton . Q. Could you know the pieces of the trunk? Forbes. Yes, there was a particular paper on the inside I know it by, there was a piece of a breast buckle produced by Noaks. George Strutton . Upon the 14th of August the Monday after Mr. Forbes lost his trunk, one Barrington came to Sir John Fielding 's, with some burnt papers; the prisoner Cox lodged in his house and he had a suspicion they were burning some papers, they had not come honestly by; Dinmore and I went and searched Cox's lodging, we found nothing there; but, at a weaver's a few doors off the trunk was found, and Cox was there: I did not know Cox, when the landlord came down, the landlord said that was Cox, when I went back again, Cox was got up into the cock loft, I pulled off my cloaths, and went up there, and found the trunk and Cox together; I took the trunk to Sir John Fielding's, I have had the care of it ever since, it was broke all to pieces, and tied up in an old petticoat. Q. from Cox. Who told you I was in the cock loft when you took me. Strutton. Barrington went with Dinmore who is not here, Barrington saw him taken out, I took the trunk out afterwards, I did not see him taken out, I saw him in the house. Joseph Barrington . Last Sunday was a month, my chimney was a fire, at half after eleven o'clock, Mary Putnam came down in the morning, and told me they were burning a parcel of paper. Q. Who was in your house? Barrington. John Cox , Eleanor Ogle and Mary Putnam , they lodged in my house, there was in outcry of fire at half past eleven; I got up and went on the stair-case, and heard a man say, that lives in the house, that there was no danger, then I went to bed again; in the morning about seven o'clock I saw these papers and books in some water; I took them up and carried them to Sir John Fielding 's, because I thought they were not honestly come by; I saw both Cox and the trunk taken out of the cock loft. Cox. When he was examined in Bow-street, he said, I was not at home; now he says I was at home. Barrington. At the time of the fire, I am certain Eleanor Ogle , who passes for Cox's wife, was at home and a man who lodges in the house, for I heard them: I am not certain to Cox's being at home; the fire was in Cox's room. Strutton. Barrington delivered the books and papers to me (they were produced in court.) Mr. Forbes. Here is half of my pocket book, it has my own hand writing on it, and part of a day-book that I can swear to, I cannot be so positive to the trunk, there may be another like it. James Honey . I am a servant to Mr. Forbes, I know that to be my master's writing; I saw it at Sir John Fielding 's: here is part of a French grammar that belongs to me; I was with my master when he came from Dover; that French grammar was in the trunk. I am certain this is the same trunk, I know it by the handles; I had the key of it, it fitted the lock when I tried it at Sir John Fielding 's; but would not go in, because the lock was broke: I have not the key now. Q. Could you swear to the trunk by the handles? Honey. I can swear to it by the lock. Q. from Cox. Did you swear to the trunk at Sir John Fielding 's? Honey. Yes. I did. Mary Puttnam . Between the hours of eleven and twelve, on last Sunday was a month, the prisoner Ogle, called me up into her room; she lodges in the two pair of stairs, and I in the one pair of stairs, in Barrington's-house; I went in and saw a great smother; there was a large fire, I took some of the papers off and threw them into some water; a person in the next house saw it, and went and told my landlord. I did not know they were any thing of consequence; when I went up again, Eleanor Ogle opened the closet and shewed me a large trunk with linen and cloaths. Cox was not then at home. Q. What became of the papers you threw out? Puttnam. They were some of them picked up by Barrington; these produced were some of them; I saw a vast quantity of shirts, how many I cannot say; I saw a pair of stone and a pair of silver buttons: Cox and Priestly came into the room between two and three o'clock and one Pat Nowland and they expected a Jew woman to come in the morning to buy some of the things; I heard them say so; she came about seven in the morning; I was not in the room when she bought the things; I met her coming down stairs with a great bundle, I am sure she carried none up. Q. Was Priestly there as well as Cox and Ogle, in the morning? Puttnam. Yes. John Noaks . I am a constable; the landlord came up to Sir John Fielding's, and said this Puttnam could give a particular account of these people. I went to his house and she gave me this bosom of a shirt (producing it) Puttnam. I picked that piece of a shirt up upon the stairs. Mr. Forbes. It is mine. Noakes. She said she would tell the truth, that is all I know of it. Q. from the Jury to Barrington. Did Priestly lodge at your house? Barrington. No. I never saw him before. Cox's Defence. I know nothing about it; I was at my mother's from eight at night to three in the morning. Priestly's Defence. I know nothing of it. Ogle's Defence. I was at my mother's. Cox Guilty . Priestly acquitted . Ogle guilty, Transportation 14 . [Transportation. See summary.] 658, 659. (M) CLEMENT COURT and JOHN FORD were indicted for stealing a cloth hammer coth, value sixteen shillings, and a coach window glass value sixteen shillings , the property of Dame Laetitia Beauchamp Proctor , widow, Aug. 10th ++. Wm Watts . I am coachman to Lady Beauchamp Proctor, the glass and hammer cloth were taken out of the coach house. I left the stable locked at half after eight at night, they were there then. James Moore informed me at about half after ten that the coach house door was broke open; I went and found the string of the glass cut, and the glass and hammer cloth, were on one side of the coach-house. James Moore . I was in the stable at the time the prisoners broke open the coach-house door, they picked the lock I suppose for, I found the lock picked in the morning, I took the prisoners in the fact; I heard somebody in the coach-house, I went to the door and found it open, I called out twice who is there, having no answer, I shut the door and fastened it on the outside, and then got a light and came and took Court; he bid me not ill-use him, for hang or not hang it was the same to him; after some little search, I found Ford, the glass and hammer cloth were taken from the coach and set down by the side. Edward Saward . I am a watchman; I was called and charged with the prisoners; as I was taking them to the watch house, they attempted to make their escape, Court pulled out a knife, I observed it and took it from him and put it in my pocket, I thought it would be safer there; when we came to the watch house Ford pulled out a knife and cut me across the chin, and then made a stroke at my arm, and cut through two coats and my shirt; but as Providence would have it, did not cut the flesh; he made another stroke at my wrist and cut through my coat. Court's Defence. Going to Berkley-square, I met a woman who asked me to give her something to drink; we went and had a pint of beer, then she asked me to go to this place, and this gentleman came and laid hold of me. Ford's Defence. A man took hold of me, and said we shall have the reward, we shall have the reward. Both Guilty . [Transportation. See summary.] 660. (2d M.) THOMAS BROWN was indicted for stealing three linen shirts, value twenty shillings; a nankeen coat, value eight shillings; a nankeen waistcoat, value five shillings; a pair of nankeen breeches, value five shillings; a barcelona silk handkerchief value one shilling; a half guinea and nine shillings in money numbered the property of John Curren ; and a man's hat value five shillings the property of Abraham Anderson , in a certain ship called the Fortune , lying upon a certain navigable river called, the Thames, Sept. 4th. || Acquitted . 661, (2d M.) THOMAS WHITEFOOT JONES was indicted for stealing twenty six shillings and sixpence in money numbered , the property of Ann Wharton , widow, May 26th . The prosecutrix was called, but not appearing her recognizance was ordered to be estreated. Acquitted . 662. (2d M.) ELIZABETH BERRY , was indicted for stealing a black silk cloak, value four-shillings; and a cheque apron, value four-pence ; the property of Elizabeth Pearson , widow, July 15th ||. Acquitted . 663. (2nd M.) WILLIAM VANDEPUT was indicted for breaking and entering the dwelling house of Thomas Constable on the 10th of July , about the hour of three in the afternoon, no person being therein, and stealing a silk-gown, value twenty-shillings; and a cotton gown, value twenty-shillings; the property of Ann Willcooks , Spinster. Eleven silver tea-spoons, value twenty-shillings; a silver milk pot, value fourteen-shillings; two pair of silver sugar-tongs, value six-shillings: eight linen gowns, value three pounds; a cutlass mounted with brass, value two shillings, and six pounds in money numbered, the property of the said Thomas, in his dwelling-house +. Acquitted . 664. (L). MARY HARRAD was indicted for stealing a silver watch, value three pounds and three shillings and sixpence numbered , the property of Charles Mallizue , July 16th ++ (The prosecutor being a Foreigner and not speaking English, an interpreter was sworn) Charles Maltizue . Upon the 16th of July at half after ten at night, as I was going home to my lodgings, I passed by several girls, the prisoner took hold of my cloaths and insisted upon my giving her something to drink; I thought I would give her some beer; I went into a house in a street near Bishopsgate ; I don't know the name of the street; I laid my watch on the window board; we were in a room below stairs; there were two beds in the room; the prisoner went in first and I followed her, she turned the key upon me, as soon as I got in, there was no one else in the room, I felt her take the money out of my pocket; there was some bad money; she threw that on the bed and I thought it was the good money; I missed both at the same time. Q. Was you sober at this time. Maltizue. Yes, as sober as I am at present; after she had locked the door, a person came and knocked, I believe it was a woman, and I think the prisoner said, make haste, and then I saw a woman come and put her hand through the window, and take the watch; I attempted to pursue her, but the prisoner held me first, by my cloaths, and then by my legs, till she made her escape; when I had got loose, I went out of the window into the garden after her, and the prisoner threw my hat after me, I never heard of my watch again; I got an officer directly, but could not find the prisoner; the officer took her on Tuesday morning. Thomas Withers . I took the prisoner in Gravel lane. Prisoner's Defence. I never saw the prosecutor in my life, till he came with the constable and took me. Prosecutor. I am certain she is the woman. Guilty . [Transportation. See summary.] 665. (L.) FRANCIS BACON LEE was indicted for stealing three printed books, bound in leather, entitled, Essays and Observations Physical, &c. value twenty shillings , the property of Sir John Hill , August 3rd . + Acquitted . 666. (L.) WILLIAM ANGUS , was indicted for stealing a gold watch, value ten pounds , the property of Thomas Theed , Sept. 14th . ++ Thomas Theed . As I was coming out of Edminton fair , I was hussled by several men under the Bell gateway, and I had my pocket picked of a gold watch; I missed it in less than two minutes after; I am certain I had it just before; I don't know the man that hussled me. Cross Examination. Q. When was it? Theed. On the 14th of September, 1774. John Squire. I am a constable. I found the watch ( producing it) in the prisoner's pocket; on the 20th of August, in a court in Harp Alley, I don't know the name of the court; I went on an information to search the house for other things; the prisoner endeavoured to keep me out by force; I got assistance; we went up into the garret and found a number of things and the prisoner with the watch in his pocket. "On his cross examination; he said, the "house that belonged to William Angus the "father of the prisoner; that the prisoner was "taken directly before my Lord Mayor, but "that they had not a hearing at that time; "that he was down in the country at the time "of the second examination, but had left the "watch with Doncastle, that he was at the 3rd "examination, before the Lord mayor, and "him, he found the watch, in the prisoner's "right hand waistcoat pocket; that the things "found in the house were advertized, but no "owner appeared for any thing but the watch." The watch was produced in court, and deposed to by the prosecutor.) Edward Tulet . I am a watch-maker; this watch bears my name, and I believe, belongs to Mr. Theed; the number is 872; I made such a watch for him in 1772: it appears to have been laid by and not used much. - Doncastle. I was present at the taking of the prisoner. He was so resolute he would not be examined; we were obliged to tie his hands and legs, we laid him down and I lay upon him: I searched his right hand pockets and Squires his left, Squires shewed me the watch. Prisoner's Defence. I have two unhappy brothers, one abroad and the other at home. They left the watch in the possession of my father. The watch was in the box, it never was in my possession at all. Guilty . [Transportation. See summary.] 667. (L.) CHARLES WOODHEAD was indicted for stealing a wooden cloth coat, value four shillings , the property of Thomas Merwick , August 10th . ++ Thomas Merwick . I am a hackney coachman . I was standing on the pavement and saw the prisoner take my coat off the coach box, while it was on the stand; I pursued him and took him with my coat upon him. Robert Crawford . I was coming out of Peter's Alley, and the prisoner threw the coat in my face, just as the prosecutor seized him. Prisoner's Defence. Coming along I found the coat on the ground. I took it up and was going towards; the coaches, and this gentleman knocked it out of my hand. I know no more of it than the child unborn. The prisoner called two witnesses who gave him a very good character. Guilty . [Transportation. See summary.] 668 (L.) WILLIAM COKER was indicted for stealing a silk handkerchief, value ten pence , the property of Edward Watkins , Sept. 5th . || William Payne . On the 5th of this month, I attended as a constable at Bartholomew Fair . Just by the Blue Coat hospital gate, I saw the prisoner take the handkerchief but of Mr. Watkins's pocket. I seized him immediately, he pulled the handkerchief out of his bosom and threw it on the ground. I held him with one hand and took the handkerchief up with the other. Watkins swore to the handkerchief before the Aldermen and was bound over to prosecute. The prosecutor was called and not appearing his recognizance was ordered to be estreated. The prisoner said nothing in his Defence, but called three witnesses who gave him a good character. Guilty W . 669 (M.) MOSES PIKE was indicted for stealing on the 9th of September , about eleven in the night, certain shrubs and plants ( to wit) forty cucumbers, value one shilling; fifteen pound weight of grapes, value seven shillings, ten apples, value two pence, and ten pears, value two pence; the property of William Cheeke , growing, standing, and being in the garden ground of the said William , against the statute. Acquitted . 670 (M.) MARY DAVIS was indicted for stealing a black callimanco petticoat, value seven shillings; a black silk lace cloak, value ten shillings, and a black silk hat, value twelve shillings , the property of Sophia Gray , spinster, July 28th . || Acquitted . 671 (M.) JOHN CHILDS was indicted for maliciously and feloniously shooting at Percival Philips , with a certain pistol, he being in the king's highway ; against the statute, August 14th . ++ Acquitted . 672 (M.) JOHN CHILDS otherwise GILES , was a second time indicted for maliciously and feloniously shooting at Charles Jealous , with a certain pistol, he being in the king's highway , against the statute, August 14th . No evidence was given. Acquitted . 673 (M.) SARAH JONES and ELIZA BETH STURGESS were indicted for stealing three guineas and four shilling in money , numbered the property of John Horner , August 29th . ++ Both Acquitted . 674 (2d M.) TIMOTHY DONAGHOE was indicted for stealing a mans hat, value three shillings , the property of Christopher Kennedy , August 1st . The prosecutor was called but not appearing his recognizance was ordered to be estreated. Acquitted . 675 (M) CHARLES BUSTARD was indicted for feloniously receiving four china coffee, cups, value two shillings, being part of the goods whereof Robert Smith at the last assizes held for the county of Kent, was convicted of stealing; the property of Mathew Butler , well knowing them to have been stolen against the statute, June 14th . Acquitted . 676 (L.) PETER HARRIS was indicted for stealing two cotton counterpanes, value five shillings, two linen sheets, value four shillings, two linen aprons, value three shillings, four linen shirts, value sixteen shillings, two linen shirts, value four shillings, one linen frock, value twelve-shillings, two linen waistcoats, value thirty shillings, a cambrick handkerchief; value eight shillings and a linen gown value eight shillings ; the property of Penelope Owen , August 29th . ++ Penelope Owen . I live in Thames-street , I went out to a day's work. I had before washed a great many things, and bundled them up. When I came home at night, I saw the counterpane which I had washed in the week, on the ground, then I saw the prisoner come down stairs, he flew past me like an arrow out of a bow; my daughter pursued him. I went up stairs and found all the things mentioned in the indictment bundled up in a sheet, on a frame of the window, half in and half out. I has steped home about an hour before, they were safe then. I am sure the prisoner is the man, he was taken in about half a quarter of an hour; I knew him again directly. Thomas Cooke . The prosecutor came into my house and said she had been robbed, I live next door to her. I went up stairs and found her door broke open and this chissel [producing it] in the room close to the door, with which it appeared to have been done. The prisoner was taken and brought to my house in about five minutes after. The prosecutrix knew him immediately. John Hoy . I pursued the prisoner and took him; he begged of me to let him go and said if I did not, he should be either hanged or transported. Alice Masters . The prosecutrix is my mother, I heard her cry out that she was robbed. I ran down stairs and say the prisoner turn the corner; I pursued him, I never lost sight of him. My mother knew him again as soon as he was brought back. "The prisoner laid nothing in his defence, "but called five witnesses, who gave him "good character." Guilty . [Transportation. See summary.] 677, 678, 679 (L.) MARY CLARK , WILLIAM BROWN , and SAMUEL BRYANT were indicted for breaking and entering the dwelling house of John Jones , on the 24th of August , about the hour of two in the morning; and stealing six linen shirts, value twelve shillings; three linen shifts, value three shillings, twelve linen handkerchiefs, value four shillings, two muslin caps, value five shillings, ten yards of thread lace, value five shillings, a lawn apron, value two shillings, a muslin handkerchief, value five shillings, two pair of silver shoe-buckles, value ten shillings, a silver tea spoon, value one shilling, forty-eight half-pence and two hundred and eighty-eight farthings; the property of the said John in his dwelling house . ++ All three Acquitted . 680, 681. (M.) ANN GUY , spinster, and ANN GREEN , spinster, were indicted for that they in the king's highway, in and upon John Riley , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a silver-watch, value three pounds, and nine shillings in money numbered the property of the said John , July 20th , || John Riley . I am a shoe-maker . I live in Church-Lane, in the Strand . Upon the 19th of July, I had been in the city, when I came to my lodgings, upon the 20th at one in the morning, I found it locked up. I had been drinking a little, but I was sober enough to know any thing that passed. I had not a mind to disturb the family, therefore I went out to look for a lodging elsewhere. I went into the Coach and horses, a public house, in Marrigold-Court. I called for a pint of beer and enquired for a lodging, I could not get one there. I am positive that at that time I had nine shillings and six-pence in my pocket. The two prisoners were then sitting in the next box to me. As I could not get a bed in that house, they said they would shew me an honest house, where I might get a bed for a shilling. I paid for my beer, and went out with them. I had not got a dozen yards in the street, before they both got hold of my arm, one on each side. Ann Green put her hand in my waistcoat pocket, where I had a key and nine shillings. She took out of it the key and the nine shillings. While she was so doing, and I was struggling with her, the other picked my pocket of my watch. Then they both ran away. I was afraid to call out, supposing there might be some bullys by them; therefore I went back to the house. I heard from the master of the house where I was likely to find Ann Guy . I did find her accordingly at the King's-Arms, in Bond stables. She came in while I was there. I got up and challenged her directly and took her before Sir John Fielding . I never have had my money or watch again. There was no one with me after I quitted that house but these two women. George Mills , the waiter of the house asked me to look at my watch to see whether the dial in the tap room went right. I pulled out my watch accordingly. Q. from the Prisoners. Whether he did not say in that house he had been robbed by two other women. Riley. I never had been robbed, or said I had by any body else. George Mills . I saw Riley and the prisoners at our house that night; to be sure he was not sober, he had been drinking; but he was sober enough to know what passed: the prisoners were both sober; I asked Riley to see what a clock it was; he pulled out a silver watch to tell me; he was not there, I believe a quarter of an hour. I saw him go out with these two women; he took out some silver when he came to pay, and after he had paid his reckoning, I saw him put the remainder of the silver into his left-hand waistcoat pocket. Q. From the prisoners. Whether he did not say he had been robbed by two other women? Mills. I never heard him say that he had been robbed by any body else. William Robinson . I was in the publick-house; I saw the prosecutor take out his money, and saw him put it into his pocket again; I saw him go out with the two prisoners. George Shaw . I am a patrole. Coming down the Strand, between Exeter-Change and Marygold-Court, I saw the two prisoners and Riley in the Strand. This was about one o'clock in the morning. They had him one in each arm. They passed me very peaceably and quietly, and so I took no notice of them. In five minutes he came back again, and said, he had been robbed. I saw nobody at that time in the street, except the prisoners and the prosecutor. Both guilty, Death . Recommended by the jury to his Majesty's mercy . (M) 682. SARAH, the wife of JOHN BARGO , and SUSANAH CLARKE , were indicted for stealing a silk gown, value ten shillings, and a white counterpane, value fifteen shillings , the property of John Devis , December 22 . John Devis . I am an upholder . I lodge in Chandlers-street, Grosvenor's-square . In December last, I lost a narrow striped silk gown, and a counterpane, out of this lodging. I had some goods in another house, in Somerset-street, which I was desired to take care of. I left my own lodging in Chandlers-street, with these things in it. I kept the two prisoners for some in Somerset-street, at their desire, and the request of my wife, who had known them. They were in great distress. One of them I put into work. I was about to return to my own house in Chandlers-street. I sent them to clean the lodgings, and get them ready. They went about the 20th of December. Upon the 22d, they desired to take their dinner in Chandlers-street. They took a dinner with them. They promised to be at home about four o'clock. When I came home between six and seven, I found they were not returned. This alarmed me. I enquired about it, and discovered that I had been robbed. I could not hear of them, till the 17th of July last, when Susanah Clarke surrendered herself up, and told where the other prisoner was, and where these things were to be found, in consequence of her information I did find them. Ann Marter . I am a pawnbroker. I took in a counterpane. I cannot say who I took it of. Thomas Jones . I am servant to Mr. Careless, a pawnbroker. I took in a silk gown of Sarah Humphreys . "They were both produced in court, and "deposed to by the prosecutor." Sarah Humphreys . I received the gown from Sarah Bargo . Both the prisoners lodged together in a garret. When I went to them in the morning, they were both in bed. They desired me to pawn this gown, and let them have one of mine out of pawn, which was cheaper. They declared it was their own gown. I pawned it for them at Careless's for nine shillings, and brought them the duplicate and the money. Susanah Devis. I missed these things just before Christmas, about three days before I saw the two prisoners; for the last time I saw these things, there was no one else in the house, but these two girls. Within these six weeks, Susanah Clarke came, and surrendered herself, begged for money, and said, she would tell me where to find all my things, and where the other prisoner was. She did discover the other prisoner, who was taken up accordingly, and these things were found. When she was taken up she behaved saucy. I have known them two or three years. I had taken them out of the Magdalen house. Sarah Clarke said, she could not bear it upon her mind, and must disclose it. The other would not confess any thing. I did not make them any promise of favour. The prisoners said nothing in their defence. Bargo, Guilty . Clarke, Acquitted . [Transportation. See summary.] (L) 683 SARAH STEVENS was indicted for stealing a linen sheet, value two shillings; a copper sauce-pan, value three shillings; a copper pot, value ten shillings; and two flat irons, value two shillings, the property of John Holland , being in a lodging room, let by contract by the said John to the said Sarah , against the statute, July 1st . ++ Acquitted . (2d. M) 684. ELIZABETH BOSTICK was indicted for stealing a black stuff quilted petticoat, value one shilling; a black sattin bonnet, value sixpence; a linen shift, value sixpence; a pair of cotton stockings; value twopence; and a linen cap, value two-pence , the property of Thomas Knight , September 2 . * Jane Knight . I am the wife of Thomas Knight . I hired the prisoner as a servant . She was with me but eight days. On Saturday the 2d of September I missed all the things mentioned in the indictment. She went to market to buy some steaks for dinner, and never returned. I saw her the same evening in Clerkenwell work-house. She was in bed, and the things were lying some by the bed, and some upon it. I asked her, how she came to use me so? She said, she believed the devil was in her; that was all the answer she made to me. "The things were produced, in court and "deposed to by the prosecutor." John Cross . I was sent for by the master of the work-house to take charge of the prisoner. She was then getting up, and had the shift and petticoat on. Prisoner's Defence. Being in distress, my mistress lent me the things to put on. She gave me a shilling to go to market. I met with an acquaintance who detained me; so I thought to stay all night, and go home in the morning; and she brought a constable and took me. Prosecutor. I never lent her any thing. Guilty of stealing to the value of tenpence . W (2d. M) 685. JUDITH WILSON was indicted for stealing five silk handkerchiefs, value four shillings , the property of Alexander M'Donald , August 23d . || Mary Howard . I am apprentice to Alexander M'Donald , who is a linen-draper in Russel-court . We lost five silk handkerchiefs out of our shop windows. It is an open shop, and the window has no sashes to it. I laid them on the window in the morning. We did not miss them till they were brought by the constable about six o'clock in the evening. I believe it is a month ago to-morrow. The constable was not bound over. "The handkerchiefs were produced in court "and Mary Howard deposed that they were "the prosecutor's property.) Ann Collishow . Going through Russel-court about five in the evening, I saw the prisoner take the handkerchiefs off Mr. M'Donald's window; she was very much in liquor; I am sure she is the person; she was taken just after. Prisoner's Defence. I don't know any thing about it, I am a poor old woman; I am threescore and eight. Guilty of stealing to the value of 10 d. W . 686. (M.) THOMAS WRIGHT was indicted for ravishing and carnally knowing Margaret Child , an infant, about eleven years old , June 29th . The prosecutor was called but did not appear. Acquitted . 687. (L.) SAMUEL PEARCE was indicted by the name of SAMUEL BIGGS , for stealing a woollen cloth coat, value ten shillings, and a woollen cloth waistcoat, value five shillings , the property of James M'Dugal , September 3rd . ++ James M'Dugal. I keep a fruit-shop and am a watchman . I went to the watch-house about a quarter before ten at night; I left my coat and waistcoat on the bed in the shop; I missed them in the morning; I found my cloaths afterwards at Mr. Bunn's, a pawn broker. The prisoner owned before my Lord Mayor, that he sold the cloaths to one David Wolfe for half a guinea. Elizabeth Bereau . I pawned the coat and waistcoat for David Wolfe . Prosecutor. Wolfe was bound over but is not here. He was called but did not appear, his recognizance was ordered to be estreated. Prisoner's Defence. I know nothing at all about it. Guilty . [Transportation. See summary.] 688. (L.) ROBERT ANGUS was indicted for being found at large in the city of London, without any lawful cause, before the expiration of the term of seven years, for which he had been ordered to be transported by the justice's at Hicks's Hall , August 28 . ++ John Squires . This is a copy of the record of the prisoner's conviction. (producing it). I had it from Hicks's Hall; I compared it with the original, it is a true copy. (it is read). James Brown . I am a turn-key of Woodstreet compter; I know the prisoner; I was present at the trial at Hicks's Hall, and heard him receive sentence; it was in May sessions, 1774. William Leigh . I know the prisoner. He was concerned with another in robbing a gentleman of his watch, at the corner of Salisbury-court; I called, stop-thief, and my partner watchman stopped him, and brought him to me. James Roberts . I know the prisoner; I met him in Salisbury-court, he was running towards me; I heard a cry of stop thief, I stopped him, and took him into Fleet-street; a gentleman accused him of robbing him of his watch; I took him to the watch-house; he was not in custody till I stopped him; it was on the twenty-ninth of last month; I am sure the prisoner is the man. Prisoner's Defence. I am not guilty of what is laid to my charge. Guilty Death . 689. 690. (M.) CHARLES M'GINNIS and ANN his wife , were indicted for stealing a linen stock, value sixpence; a linen shift, value eight-pence; a pair of thread stockings, value eight-pence, and a piece of burdet, value one penny, the property of John Parker ; a cotton gown, value four shillings, a cotton petticoat, value two shillings; a flannel petticoat, value eight-pence; three linen-shirts, value six shillings; four linen aprons, value eight shillings; a muslin apron, value four shillings; a pair of muslin-ruffles, value four shillings; five check apron value two shillings; three linen aprons, value two shillings; a linen sheet, value one shilling; four child's linen caps, value two shillings; two pieces of cotton, value six shillings; three muslin caps, value one shilling; two cotton handkerchiefs, value two shillings; a mahogany, tea-chest, value two shillings; three tin cannisters, value one shilling; a pair of stays, value two shillings; a linen shift, value one shilling; three pair of linen sheets, value three shillings; three linen napkins, value three shillings; ten pieces of linen cloth, value one shilling, two linen night cups, value three pence; a pair of thread stockings, value three pence; a piece of black silk lining, value two pence; a piece of black silk, value six-pence; a leather glove value one penny; seven pieces of green stuff, value one penny; a piece of blue stuff of no value, and a piece of red stuff, a piece of black silk trimming of no value, three pair of men's linen ruffles, value one shilling, and a man's linen frill, value two-pence, the property of Mary Howes , spinster, in the dwelling-house of Jeremiah Martin , September 2d . * Mary Martin . I am wife of Jeremiah Martin ; I know both the prisoners. John Parker lodged at my house; upon Thursday was fortnight, Mr. Parker went to look into his box, and I went with him; I desired him to lock the box and take care of the key, because I did not like some of my lodgers. This day fortnight I saw the box was moved out of its place; I shoved it with my foot and found it empty; I then looked about and missed a little box and a tea-chest; the prisoners had lodged in my house not quite a week; they were the only persons in the house at the time: I conceived a suspicion of them and had them taken up. One day the prisoner, Charles M'Ginnis called me into his room, and I saw in a drawer a great number of locks and keys. On Saturday night the prisoner, Ann M' Ginnis came to drink tea with me; she sent out the two children, one of them is about fifteen and the other about ten years old, and then the two prisoners went backwards and forwards several times that night; I saw the husband go out with a large bundle, which I suspected to be my sheets, and I insisted upon seeing whether they were so, but the candle went out, and I heard a bustle on the stairs. "On her cross examination she said, her "husband was a watch finisher: that there "were no other lodgers in the house; that "the street door was not always kept locked "but generally open. That she was hardly "ever out of fight of the door, but when her "husband was at home. That when they were "taken, there were a vast number of pawnbrokers "duplicates left at the justices. That "the magistrate discharged them that night and "they lay at her house again. That she locked "the door of the house that they should not "escape." Elizabeth Martin . Upon the Saturday before these people were taken up, the man came home about seven o'clock, and sent me out with orders to wait for my aunt Ann M'Ginnes, at a public house. I waited for a quarter of an hour, and the prisoner Charles, came to me with two bundles, one was a large one and the other a small one. I saw a coloured apron drop out of one of them. This place was about four doors from the place where they lodge. He then took me to another public house, and the prisoner Ann M'Ginnes came thither and they went in and out of the public house two or three times. At last, she bid me go to the top of Whitecross-street, with the bundles and wait for them. I went and waited there, she came, but the prisoner Charles did not come. She took me up Golden-Lane, and up Old-street Road, and then she took the bundles from me and bid me not let any body see the box under the bed. I found a box under the bed. I lay over the way, I went the next morning to my aunt's lodging, I saw the box burning in the garret, both the prisoners were there. I knew it to be the same box by the pieces. I never saw it afterwards, both the prisoners dined at home that day. Q. from the Jury. How did the prisoners live? Elizabeth Martin . By pawning cloaths, they had a great many cloaths. On her cross examinations, she said, before that morning, they did not use to light the fire till she came, that she used to light it. Wm Bird. On Monday the 4th of Sept. I was sent for by Mr. Martin to take charge of the prisoners; I found the prisoner Charles in bed, his wife was out, she came in between four and five in the afternoon; I took them both before justice Wilmot; at this time, Mr. Parker was not at home, they could not swear to the things; there were 115 duplicates; we left them with the justice, he ordered the girl to be taken up, which she accordingly was; I took the prisoners before the justice again next day and they I believe were committed. Mr. Parker came to town on the Friday, the Sunday after I broke open the room and found some of the things; the prisoner lay at Mr. Martin's on Tuesday night; I took them before the justice on Wednesday, they went very willingly. John Parker . I came to town last Friday early in the morning, when I went out of town, I left a little box of my own, and a large on of Mrs. Hawes's in a room up stairs in the care of Mrs. Martin. There was a piece of Burdet in one of them (the piece of burdet was produced by Bird and deposed to by Parker) Elize Martin again. The prisoners locked the door when they went to prison, and a girl came and opened the door and locked it again and took the key away. Mary Hawes . I had two boxes full of linen when Mr. Parker went out of town, he left the boxes in the care of Mrs. Martin. (Looks at a piece of black silk, a lining of a cloak, some pieces of green stuff, and a pair of lace ruffles, which were produced by Bird) they were all in my box, with a great many other things, the box was corded but not locked, I lost the things mentioned in the indictment as my property (repeats them) they are all very much under-valued in the indictment. Bird. All the things Mrs. Hawes has spoke to were found in the room on Sunday lying about, they were not atall secreted or concealed. Charles M'Ginnis's Defence . On the morning of the day I was carried before the justice, Mr. Martin and the constable searched the room all over, even the bed and found nothing. Bird. I searched his room on the Monday and found the silk lining, and on Tuesday I searched it again and found the other things. Court. Gentlemen of the Jury, I shall not call upon the woman to make her defence, because what she did was under the direction of her husband. For the Prisoner. Ann Brooks called. Q. How old are you? Brooks. Nine years old. Q. Do you know what you are called for? Brooks. No. Q. You are called here to take an oath; did you ever hear of an oath? Brooks. No. Q. You have heard it is a wicked thing to tell a a lie? Brooks. Yes. Q. Did you ever hear of heaven? Brooks. Yes. Q. Did you ever hear of hell? Brooks. Yes. Q. Which of those places are liars to go to? Brooks. To hell. Court. Swear her. Q. What do you know? Did you go from the prisoners to Mrs. Martin's Brooks. Yes. Q. When? Brooks. On a week day, I cannot tell what day it was. Q. What did you go for? Brooks. A two penny loaf and a dolls jamb. Q. This was after Ann Mc Ginnis was in prison? Brooks. Yes, after she was in Clerkenwell. Q. Who sent you? Brooks. My mummy. Q. Who is your mother? Brooks. The prisoner at the bar. Q. When you came there did you see any thing? Brooks. Yes, Mr. and Mrs. Martin made me stay in their room, till they had done dinner, then they went and fetched Mr. Davis and a woman that lives next door to Mr. Martin, then I went up stairs for the loaf and jamb? Q. What room did you go to? Brooks. The one pair of stairs. Q. Who lived in the one pair of stairs room? Brooks. My mammy. Q. Did Mrs. Martin go up with you? Brooks. Yes, they all went up with me, they said, I must give them the key of the door; I said my mammy would beat me if I did. Q. Did they do any thing in the room? Brooks. Betty put something under the head of the bed, and Mrs. Martin dropped something in a drawer. Q. What Betty was that? Brooks. The girl here. Q. Did she go up with Mr. Martin? Brooks. Yes. Q. Do you know what it was she dropped in one of the drawers. Brooks. No, I do'nt know, she dropped it so quick; besides, Mrs. Martin licked me because I would not give her the key of the door. Q. Did you lock the door and carry the key away? Brooks. Yes, Prisoner. Please to ask the child if they did not bundle up every thing in the room, and want her to take it with her. Brooks. Yes, the girl bundled all the things up; and wanted me to carry them to my mammy; I would not, for I said my mother had no place to put them in. Q. To Mary Martin . Look at the little girl. Martin. I know her very well. Q. That girl swears, that you, and Betty, and Mrs. Davis, and another person went into the room with her when she opened the door? Martin. Yes, my lord, we did. Q. She swears she saw you drop something into the drawers? Martin. That is false, I did not drop any thing in the drawer, as I hope to see heaven. Q. To Elizabeth Martin . Was you in the room when that girl went it? Elizabeth Martin . Yes. Q. She says you put something under the head of the bed? Elizabeth Martin . It is false; I never put any thing under the bed, nor never put any thing in the room. Charles M'Ginnis guilty of stealing to the value of 39 shillings . Ann M'Ginnis, Acquitted . [Transportation. See summary.] (L) 691. BARNWELL MALES was indicted for obtaining by false pretences, from James Hammond and Henry Hammond , glovers and importers of crape, and partners, three packets of crape, value twenty six pounds , April the 5th . ++ Henry Hammond . I am a glover and importer of Italian crape for hat-bands , in partnership with James Hammond my father. Upon the 5th of April the prisoner came and asked for three packets of crape for Mr. Skinner, who is an undertaker in Aldersgate street, and has dealt with us many years. He had three packets of crape, to the amount of twenty-six pounds. I would not have advanced it upon his own credit. Stevens. I live with Mr. Hammond. I delivered the crapes to the prisoner; he said he wanted three packets for Mr. Skinner; I delivered a bill of parcels with them, made out in Mr. Skinner's name. Thomas Skinner . The prisoner is an undertaker; he was a servant of mine about eleven months ago; he was not in my service on the fifth of April last; I never gave him any authority to go for the crapes, nor did I receive any of him. Prisoner's Defence. When I went for the crape, I never mentioned Mr. Skinner's name; I took it up in my own name and meant to pay for it; I made use of no name at all; they asked me no questions. Guilty . [Imprisonment. See summary.] 692 (L.) ANN BAKER was indicted for uttering to John Elsmore , a piece of false and counterfeit money, resembling a guinea, as and for a good guinea, knowing the same to be false and counterfeit , December 31st . Second Count. For uttering another piece of false and counterfeit money, resembling a guinea, as and for a good guinea, knowing the same to be false and counterfeit, December 31st. ++ John Elsmore . I keep a public house in Windmill-street, near Smithfield . The prisoner came to my house on the 31st, of December and two women with her. They sat down by the fire and had some gin and two threepenny worths of rum and water. She was above an hour in the house. I am sure she is the same woman. I was busy at the bar, she asked me to give her change for a guinea and take the reckoning. I took the guinea and weighed it, it was a very good one, she then said, she believed she had silver enough to pay without changing. I gave her the guinea again and she put it in her mouth. As I was busy I turned my head, and then she said she should want change before she got home and desired I would give her change. She gave me a guinea, I thought it was the same and gave her change, and she went away directly; when she was gone, I thought it felt light and I weighed it and found it was a bad one. I went after her but could not find her and I never met with her till last July, then I took her up. The counterfeit weighs about twelve shillings. William Biddle . I was at Mr. Elsmore's on the 31st of December. I saw the prisoner there between six and seven in the evening. She asked me to drink with her. I did. She changed a guinea with Mr. Elsmore, and after she was gone, he said, he believed he was taken in, the guinea was light, she was gone in an instant; he went to see after her but could not find her. The prisoner said nothing in her defence. Guilty upon the first Count. [Imprisonment. See summary.] [Provide sureties for good behaviour. See summary.] 693 (L.) ADAM DAUGHTON was indicted for obtaining by false pretences of John Davis , servant to John Isherwood , John Armsbotham and Richard Armsbotham ; two gallons of rasbery brandy and a wooden cask , August 16th . ++ John Davis . I am servant to Messrs. Isherwood and Armsbotham. The prisoner had come to our house several times with casks from Mr. Kirby. On the 16th of August he came, and said he wanted two gallons of rasbery brandy for Mr. Kirby, I filled him two gallons and gave him a bill with it in the name of Abram Kirby . I would not have let him have had it upon his own credit. " Robert Dorlington servant to Messrs. "Isherwood and Armsbotham, who were in the " shop at the time of the transaction confirmed "the evidence of the last witness. Abraham Kirby . I am a victualler. The prisoner was a servant of mine; I never sent him to Mr. Isherwood's in my life for liquor; he has carried some empty kegs from my house, but never with any order for liquor. Prisoner's Defence. I have been sent by Mr. Kirby's housekeeper many times, both with kegs and for liquor. Kirby. I never knew her send any body for liquor but my daughter. - Davis. I never knew him come for liquor before; I believe he came once with Mr. Kirby's daughter. Guilty . [Imprisonment. See summary.] Proceedings at the Old Bailey relative to Mrs. RUDD . On Saturday morning the 16th, about nine o'clock the judges Gould, Ashurst, and Hotham having taken their places, the prisoner was ordered to the bar. After the court had been opened in the usual form, Mr. Davenport, as leading counsel for the prisoner, begged leave to be heard in her favour, why she ought not legally to be put on her trial, after having been admitted before the justices, king's evidence. - He spoke a considerable time, and was well attended to by the court at In taking a general view of the question however, he was requested by Mr. Bearcroft (one of the opposite counsel) to narrow his arguments, to the statement of particular facts, when he said, it would appear the prisoner had not acted conformably to her character as king's evidence, in not diselosing the whole of what she knew. Mr. Davenport adopted this scheme, and observed, she was aware this would be urged, but said in her defence, that she thought herself sufficiently justified in answering the particular questions put to her, that the prosecutors were present the whole time of her examination, who, if they were not satisfied with her answers, were at liberty to propose five the matter to her, which they did not, and that, in fact, she was treated through every stage of the business to all intents and purposes, as a king's evidence. Mr. Cooper, on the same side, began, by observing that he would not dispute the authority of the King's Bench in refusing the prisoner at the bar to bail, yet he thought the disclosure she made before the magistrates of all questions put to her, admitted her, in full, to that protection which the law holds out to all accomplices making such a confession, that it was impossible to say what evidence she gave before the Grand Jury, who might have examined her to any particulars that they thought proper; that when admitted to bail she did not attempt to forfeit it, that she was in waiting at the trial of the Perreaus, and who could say on that trial she would have denied any part of the questions relative to the whole of such forgeries, as she knew of? He concluded therefore, that the admitting her a king's evidence in this case, was no more than a legal and liberal construction of the doctrine of approvers and, consequently it concerned the delivery and honour of the criminal courts of justice, as well from the fact as from repeated precedents, to defend her from a prosecution. In this last case, he appealed to his own feelings, in saying he did not plead alone for her sake, but for the sake of public justice. The prisoner's two informations, on oath, of the 15th and 17th of March, which she made before the justices in Bow-street, at the time of her being bailed, were then read - the first describing the manner of R. Perreau's solicitation for her signing a bond on Mr. Adair for 7500 l. - The second D. Perreau's violent threats, with a penknife held to her throat to force her to it. Mr. Bearcroft as counsel for the prosecution, then rose, and began with observing that he was not at all aware of any argument being used on the legality of the prisoner's trial; but since that ground was taken, he would speak to it; he very humanely observed, that at the same time he could wish to be thought no otherwise concerned in this business than to clear the fact, as well as he was able, in point of law; in his opinion, and he was certain he spoke correctly - that excepting the prisoner, from a trial, in consequence of the kind of evidence she gave before the Magistrates in Bow-street, was neither justified by the statutes or common law. He then slightly entered into the doctrine of approvers, as well as the statutes founded on them, which he said, did not at all describe the prisoner as entitled to their protection. To strengthen this he instanced a case which fell under his own knowledge, of an accomplice being admitted a king's evidence, yet, it appearing upon his testimony in court, that he prevaricated, he was taken into custody, ordered to be indicted, was afterwards tried, and convicted; that in the present case, the prisoner only gave evidence of one bond with an intent to defraud the Mess. Drummonds of 7500 l. whereas they meant to try her on two other bonds which she had not confessed, and which consequently deprived her of the benefit of king's evidence. He illustrated the propriety of this argument by a supposed case of two highwaymen, one of whom turned king's evidence, but afterwards committed another robbery. Surely, says he, in this instance, though the first confession exculpates him from the first offence, it does not from the second. He finally observed, that the prisoner had been repeatedly asked whether she knew of any other bond, to which she answered in the negative; which evidently proved she was not in earnest in her evidence, and consequently was not entitled to the benefit of a full confession. He was followed by Mr. Lucas, who said, he would not detain the court after the matter had been so fully gone into by Mr. Bearcroft; he would only add one observation, which was, that it appeared before the King's Bench. that the affidavits of the justices expressed it was on the condition, and under the supposition of the prisoners declaring the whole truth, they admitted her to bail. Mr. Howarth on the same side observed, amongst other matters, that the prisoner's evidence on the bond of 7500 l. instead of being relied on, fully exculpated her, because under the threats of being put to death, (as was stated in her information): her signing it could be no crime. Considering her case at large, he could see no legal objection to her pleading to the indictment; as to any allusions to mercy, he could not think they were proper in that court, as the power of dispensing it were lodged elsewhere. Mr. Davenport replied, by observing, that all the prisoner knew was by way of question, which she particularly answered; that the design of her turning king's evidence was already fully answered by a conviction of the parties; and though she was not brought in an evidence against them, it was not her fault - she was in earnest, and willing (though, says he, I will not say in this case desirous) of doing public justice. Has she not been at liberty to make her escape? Were not the prosecutors all present, whose business it was to fist this matter to the bottom, and do they now charge her with a single prevarication? He likewise observed, whatever stress might be laid on the other bonds, for which her prosecutors meant to try herd that they were all connected in the same business, and public justice had already been satisfied, in the conviction of the unfortunate parties: "I will not say these bonds are on the same sheet of paper, but surely they are of the same parties; and shall she, who, on the fullest examination before the magistrates was thought to be the least guilty, be now place in the greatest danger." Mr. Justice GOULD's Argument. As to what passed in the Court of King's-Bench on this subject, it bears little, if any relation to what is now properly and peculiarly under the cognizance of this court. The circumstances then attending the prisoner's confinement, were very different to what is now the subject of consideration. To the point of resting or deciding the propriety and legality of putting the prisoner on her trial, it is out of the question. The near approach of he sessions, or any other circumstance of a similar nature, might have induced that court to refuse admitting the prisoner to bail; but it is not my business to enquire into the motives for remanding her. It is enough for me to lay down the law, with all possible impartiality. and to the best of my skill. The power this court is about to exercise, is most clearly founded in discretion, and not directly authorized by any provision strictly, at least literally, legal: but that, however, does not take off from the competency of it; for it is only the justices of jail delivery that can properly have cognizance, whether this woman is, or is not, to be tried. This matter can not be taken out of this court: it is here only, therefore, that the point can be judicially determined. I must first observe, that the legislature have established a very close correspondence between the justices or magistrates, and the justices of jail delivery; and I think with exceeding good reason; for if justices of the peace were not invested with several important powers, the execution of criminal justice must soon totally fail; but white I would willingly intrust them with every power that might promise to promote the furtherance of justice, I should be sorry to indulge them with a privilege which, from the very nature of it; would be so liable to abuse, that of substituting verbal testimony, instead of written, which would most undoubtedly happen, if we permitted any notice of what had passed in Bow-street, different or contradictory to the written evidence now before the court. It is only the latter that carries about it the stamp of authority; and it is only that we are now obliged to take the least notice of, I shall only add, on this head, that the statutes made since the revolution, for vesting the justices with the power of promising pardon to persons convicting their accomplices, takes notice in the preamble, that the law was passed in affirmance of an usage then existing, and was meant to correct an abuse, which had gradually prevailed, that of its being in the power of one justice to admit accomplices, and at other times getting a second justice to lend his name, and sign it, though he was not present at the transaction he thus took upon him to approve of. Those statutes I have alluded to, were first enacted with a view likewise of strengthening the hands of the inferior magistracy, and arming them with powers suited and necessary to the effectual discharge of their office. The first act passed, was that of the fourth and fifth of William and Mary, relative to robbers: this enables the justices to admit accomplices, and to promise to pardon them, on the condition of convicting two. By the tenth and eleventh of William, this is extended to house-breaking and horse-stealing; and still farther extended, the fifth of Anne, to burglary, or the felonious breaking open a house in the day-time. The first of those was found deficient, as it was confined to a certain species of crimes; so was the second, as it held out no encouragement; and even the last is manifestly wanting, though it extends to persons as well in as out of prison, as it annexes a most extraordinary condition, that of convicting two or more, like the two preceding. Yet none of those acts answered the purposes they were intended to effectuate: It has been therefore, the practice of almost a century to permit justices of the peace to admit persons, guilty of capital offences, to convict their accomplices, under a promise of pardon, which has always been faithfully and punctually fulfilled. Such a discretionary power is indispensibly necessary to the true administration of criminal justice. It is analogous to the power created by the statutes, but more compleat; it is suited to the spirit and genius of our laws, and it is finally built on the ancient principles of the common law relative to approvers. The matter, I take it, is not a fit or proper subject for subtle or fine-spun arguments, and abstract deductions; but is the law of approvers has been so much the subject of enquiry, let us turn our attention a little that way. An approver could not be admitted without the consent of the court, his admission was clearly a matter of grace; but if he once convicted the person he approved, his pardon was not a matter of favour, but of right; that he must be indicted, and that he must make a full and entire confession of every thing he knew, as well relative to the indictment as every other crime of which he was guilty; yet it is laid down in Rastall's Entries, and in books of the first authority, that an approver was not obliged to give evidence of any other crime but that for which he stood indicted; nay, that if he did, the person approved was not obliged to answer; or if absent, was not liable to any of the consequences. Coke is of the same opinion; and has laid down the same doctrine more than twice or three times. The trial by battle, which made part of the law of approvers, was most absurd, where the issue of right was tried by the strength of the arm. It proceeded on the extraordinary idea, that providence always interposed and uniformly decided in favour of the person who had the most righteous cause This barbarous institution fell with the superstition which gave it birth, and the law of approvers gradually fell into disuse. It was found necessary, however, to substitute something in its place. We accordingly find, so early as the year 1660, the 12th of Charles the second, that this point was beginning to be settled Lord Hale refers to a case where a man had informed against his accomplices, and was admitted under the spirit and sanction of the law of approvers (He has laid it down page 303 and 305, and observes, that Keeling, chief justice, and Wilde recorder, both well versed in the usages relative to criminal prosecutions carried on at the Old Bailey, were of the same opinion. Were it otherwise, if people were compelled to give evidence, or invited to give it, and afterwards be liable to be convicted and suffer, on the ground of their own confession, it would be terrible indeed! it would be treachery in the extreme, and worse than the suspended sword of Damocles. The person is invited, he shall do so and so, upon such and such conditions; he shall be pardoned when he does it, yet when he has done every thing he promised, or offered to do, he is forsooth told, that such a promise was not strictly legal, or warranted by law. Lord Hale is however of a different opinion, so is Hawkins. But what is urged to day by some of the council? we wave, say they, the criminal charge in which she was admitted, but as she did not disclose all she knew, we will put her to answer on her trial for another offence. Now how is it possible for this court to judicially take cognizance of any circumstance, which can impeach the prisoner's veracity? there lies the difficulty; because, if we admit the charge, we in fact, take the premises for granted, and forejudge the culprit, before it is possible we can judicially know any thing of her guilt. I need not repeat what is so well known. It is the practice of every day, and has been established for more than a century. It has been much insisted, that the pardon, by any construction, cannot be made to extend further than the bond tendered the Drummonds. Does this court, I repeat, know any thing of any other? If indeed she had been examined, or had said a single word; if she had prevaricated or contradicted what she had sworn before the justices, when she came to be examined on the trial of the accomplices, there might be some pretence. If a person indeed gives a false account, the case may be totally altered; but here no such charge has, or can be made. For these reasons, founded in the spirit and genius of the common law, and the prosessed intention of the statutes enacted for convicting offenders, it is plain a great latitude has been allowed, controulable only by the nature of the terms and conditions. Those should be punctually performed and strictly fulfilled on both sides. The distinction about different felonies is, in my opinion, a very false one. The idea is taken up on the act of the 4th and 5th of William and Mary; but in that of Anne the encouragement is indiscriminately extended to every other species of robbery and burglary, which plainly points out that the pardon was meant to be as general as the description. This usage is founded in good policy, and experience has taught us the wisdom of it. It has been the uniform practice of a century, and I hope will continue to be so for many more. A question may arise, and the contrary idea was suggested by one of the counsel (Mr. Howarth) whether we have a right or discretionary power to discharge the prisoner, should my two learned brothers agree with me in opinion? All I can answer to this is, that her pardon must follow a refusal to put her on her trial, of course. It will be said, perhaps, that the power is but a negative one. So, I suppose, are several we exercise under the authority of an act of parliament; but that does not make them the less valid. If, for instance, an accomplice under the statute was put on his trial, I know of no plea, strictly, he could put in to stop proceedings, without having a pardon to produce. It must, in that case be the discretion of the court, as it is in the present, the latter not strictly authorising either. It has been warmly urged in argument, that supposing the prisoner to have told the truth on her examination before the justices, yet as her depositions related only to the bond for 7,500 l. she is still liable to be tried for any other offence for which she might be indicted; but I believe that principle will never be admitted as law, considering the constant notorious usage to the contrary. I perceive the gentlemen have laboured this point with all possible ingenuity; and I perceive too, they have failed to produce a single precedent in support of it. One of them (Mr. Bearcroft) has, it is true, quoted a case, but it does not reach the present; and if it did, would be the strongest arguments to prove the soundness of the doctrines insisted on by the gentlemen on the other side. I remember the case alluded to extremely well, as it was I who tried the criminal, and it was shortly this: A person who was admitted under the statute, was brought to convict his accomplices; what was the consequence? - he contradicted or reversed on the trial every syllable he had sworn when he was admitted an evidence before the magistrates. He thought as he had saved himself, he would now save his accomplices. The whole court, struck with the apparent profligacy and audacity of the fellow, cried out for justice. He was accordingly put on his trial, and convicted. Even on that occasion, however flagrant the conduct of the culprit might be, he was put to answer no offence which brought after it a more severe punishment than what he was liable to suffer on the evidence arising on his own testimony in open court; for his contradicting himself was gross perjury, for which he was liable to be indicted and transported, and the offence which was actually tried, authorized no higher punishment. The same gentleman who alluded to the above matter as a precedent in point, seemed to insist with a considerable deal of force, that supposing the magistrates to have the power contended for, by a kind of discretion supported by analogy to the legal powers created by the statutes; yet those discretionary powers should be exercised in some what a similar manner. I grant the rule to be a very just one; but I suspect he will find, that the argument will admit of a deduction, expressly contrary to that he has drawn from it. He will find, that the very powers created by the statutes are exercised in a manner very different from their strict legal import. For instance, he will find that the three statutes of William and of Anne all require the conviction of two accomplices. He will find, that they are confined to certain particular species of felony. What found then would it have in a court of justice, this time of day, to tell a person, after that he had done all that was required of him, "You shall be now hanged, you have only convicted one accomplice, or you have been found guilty of stealing at night, of robbing, or of stealing in the day time, according to the circumstances of the case?" This then will bring us to the clear found principle, whether the justices have not a discretionary power to admit, not founded on the statutes but analogous to them, and that even when they do act under the form of the statutes, they do not almost always find themselves obliged to resort to that discretionary power, in order to carry the statutes themselves into effectual execution, which without this power would be little more than waste paper. On the whole then, I must repeat again, the justices of jail delivery have always found it necessary to recognize this discretion, as exercised by the magistrates. It now forms a part of the criminal justice of the nation; wisdom and experience has taught its great utility; I cannot, therefore, for my part, depart from it on the present occasion; and should my brethren agree with me in opinion, I shall consequently refuse to put the prisoner on her trial. Mr. Justice ASHURST. Mrs. Rudd is now before this court, in order to answer to an indictment on a charge of forgery, and, in my opinion, is very properly and legally called upon to make her defence. I am very sorry to differ in opinion from my learned brother, whose learning and abilities no man esteems more; but I cannot help retaining the same sentiments I did, when I joined with the rest of my brethren in the unanimous opinion of the Court of King's Bench, that she was entitled to no benefit beyond the extent of her own discoveries. I know of no strict legal right she had at all to be admitted, much less to be admitted in a manner and on conditions unknown to the parties before whom she appeared. She, at the time of her examination, was conjured to relate all the facts that came within her knowledge. She has not done this. In my opinion, therefore, if she has failed in the conditions annexed to the implied pardon; she has of course, by that act, forfeited any claim or title to it. But supposing that the facts were otherwise, I cannot see how this discretionary power, exercised by the Justices, can be set up as a strict legal defence, nor how it can be pleaded in bar of an indictment on an offence created by an express act of parliament. On the contrary, if justice be the thing to be fought, if the laws are meant to be fairly enforced, and equitably executed, for the general benefit of the public, and the particular protection of the prisoner, I think the only best method to obtain these ends, will be to put the prisoner on her trial. She said, she knew nothing relative to any other forgery. It has since come out that she did. - If she did not, she runs no risque in being put on her trial; if she did, and concealed it, I can by no means think her intitled to the benefits she would have a right certainly to claim, on the ground of a full and fair disclosure of every thing she knew. If my other learned brother should unite in opinion with me, the trial will of course come on; but I do not mean to hurry it. It is a matter of weighty and important consideration; as such, therefore, I should gladly, for my part, have the point of law referred to the opinion of the twelve judges, and Mrs. Rudd remanded back to prison. Mr. Baron HOTHAM . However affected my feelings may be, in a situation which necessarily obliges me to determine, whether the prisoner shall, or shall not, be put on her trial for her life; or whatever impression the arguments of my learned brother, who spoke first, and to whose opinion I am willing to pay all possible deference, might have made on me, I am perfectly satisfied in conscience, that Mrs. Rudd ought to be put on her trial. The point, of law, in my opinion, neither rests on the law of approvers, nor on the statutes. And farther, I cannot conceive, that an examination before the justices is a full and perfect admission; on the contrary, as it is entirely on the consideration of a full and fair disclosure, which is only to be gathered at the trial of the accomplices, I shall ever think that it is in the power of this court ultimately to refuse, if in the mean time any discovery should be made, in proof, that the discoverer against his or her accomplices had not made a fair disclosure of all they knew. They are bound in honour on both sides, or on neither: the engagement, whether discretionary or by statute, is reciprocal. I am therefore clearly of opinion, that the prisoner cannot, with justice, be now tried on the first indictment; but I have no conception, that a prisoner going before a justice of the peace to discover his accomplices, and sinking one material fact, does not thereby preclude himself from all benefit or favour he might be otherwise entitled to. On the whole, however, for the same reason assigned by my learned brother who spoke last, I join in opinion, that the prisoner be remanded in order that the rest of the judges may be consulted. The Sessions being ended, the Court proceeded to give judgment as follows. Received sentence of death, 15. Robert Angus , John Wild , Thomas Young , James Johnston , Thomas Bath , Silas Sheers , George Childs , Matthew Bevan , John Jennings , Eleanor Brown , Henry Jordan , William Gibbs , Ann Grey , Ann Green, and John Yardley . Received sentence of transportation for fourteen years, one, Eleanor Ogle . Transportation for seven years, 37. John Blay , Thomas Bryant , James Mac-Daniel , John Gwillam , Dove Ash , William Bowman , Philip Heath , William Mitchel , Peter Harris , Mary Smith , Edward Lynch , William Barber , Mary Harreld , William Angus , Charles Woodhead , Samuel Biggs , Mary Dymond , William Gosling , Daniel East , George Cuthbert , Thomas Cooke , John Fagan , Hyder Campion , Philip Rowland , Mary Binns , Eleanor Black , Joseph Jones , Edward Jones , John Cox , Clement Court, John Ford , James Gordon , John Jenkins , Sarah Clarke , Jane Henderson , Sarah Bargo , and Charles M'Ginnes . Imprisoned one year, one. Barnwell Moles , Imprisoned three months, Adam Daughton , and Carolina Harris . Ann Baler to be imprisoned six months, and find security for her good behaviour for six months more. BOOKS published by T. BELL, in BELL YARD; TEMPLE-BAR. Lately published, (Price 3 s. Bound.) THE ADVENTURES OF A CORK-SCREW. On Saturday was Published (Price 6 d.) 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NUMBER XLV. of the LIFE of LORD CLIVE, BARON PLASSEY: Where may be had, The three first Volumes of the above Work. On Monday, July 31st, was published, ( Price 2 s. 6 d.) MISCELLANIES in PROSE and VERSE. Containing Candid and Impartial OBSERVATIONS on the PRINCIPAL PERFORMERS Belonging to the TWO THEATRES ROYAL. Trials at Law, Pleadings, Debates, &c. Accurately taken down in SHORT HAND, Also the Art of Short Writing completely taught in By JOSEPH GURNEY , SOUTHAMTON-BUILDINGS, near STAPLES-INN. Of whom may be had, The Eighth EDITION of BRACHYGRAPHY, or SHORT-WRITING. Made Easy to the meanest Capacity, Price Bound, 8 s. The Book is also sold by his Sister, MARTHA GURNEY Bookseller, No. 34, Bell-Yard, Temple-Bar On Saturday was Published (Price 6 d.) Number XIX: OF THE NATURAL HISTORY. OF ANIMALS, VEGETABLES, and MINERALS; WITH The THEORY of the Earth in General. Translated from the FRENCH. Of COUNT DE BUFFON. Intendant of the Royal Gardens in France; Member of the French Academy, of the Academy of Sciences, of the Royal Societies of London, Berlin, &c. By W. KENRICK, L. L. D. Printed for T. BELL, No. 26, BELL-YARD, Temple-Bar. The Proprietors of the present Work, are happy, to have an opportunity of expressing their acknowledgments for the very favourable reception which their arduous undertaking has met with. At the same time, they beg leave to add, that as no trouble, no expence, have been spared in order to render BUFFON'S NATURAL HISTORY as agreeable, and as valuable, in its present, as it has always been allowed to be in its original form, as they have not a doubt but that they shall enjoy a continuance of that support, which they have already so amply experienced. On Saturday will be published. NUMBER XLV. of the LIFE of LORD CLIVE, BARON PLASSEY. Where may be had, The three first Volumes of the above Work. On Monday, July 31st, was published, (Price 2 s. 6 d.) MISCELLANIES in PROSE and VERSE. Containing Candid and Impartial OBSERVATIONS on the PRINCIPAL PERFORMERS Belonging to the TWO THEATRES ROYAL. Trials at Law, Pleadings, Debates, &c. Accurately taken down in SHORT HAND, Also the Art of Short Writing completely taught in By JOSEPH GURNEY , SOUTHAMTON BUILDINGS near STAPLES-INN. Of whom may be had, The Eighth EDITION of BRACHYGRAPHY, or SHORT-WRITING. Made Easy to the meanest Capacity, Price Bound, 8 s. The Book is also sold by his Sister, MARTHA GURNEY Bookseller, No. 34, Bell-Yard, Temple-Bar.

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CENTRAL CRIMINAL COURT. Sessions Paper. STAPLES, MAYOR. FOURTH SESSION, HELD FEBRUARY 8TH, 1886. MINUTES OF EVIDENCE, TAKEN IN SHORT-HAND, BY JAMES DROVER BARNETT AND ALEXANDER BUCKLER , Short-hand Writers to the Court, ROLLS CHAMBERS, No. 89, CHANCERY LANE. THE POINTS OF LAW AND PRACTICE REVISED AND EDITED BY EDWARD T. E. BESLEY, ESQ., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. LONDON: STEVENS AND SONS, 119, CHANCERY LANE, Law Booksellers and Publishers. THE WHOLE PROCEEDINGS On the Queen's Commission of OYER AND TERMINER AND GAOL DELIVERY FOR The City of London, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION OF THE CENTRAL CRIMINAL COURT, Held on Monday, February 8th, 1886, and following days. BEFORE the RIGHT HON . JOHN STAPLES , LORD MAYOR of the City of London; the Hon. GEORGE DENMAN , one of the Justices of Her Majesty's High Court of Justice; Sir ROBERT WALTER CARDEN , Knt., and Sir ANDREW LUSK , Bart.; HENRY AARON ISAACS , Esq., and STUART KNILL , Esq., Aldermen of the said City; sir WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L, Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court. DAVID EVANS , Esq., Alderman, THOMAS CLARKE , Esq., Sheriffs. GEORGE ROSE INNES , Junior, Esq., WYNNE EDWIN BAXTER , Esq., Under-Sheriffs. CENTRAL CRIMINAL COURT . STAPLES, MAYOR. FOURTH SESSION . A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age. LONDON AND MIDDLESEX CASES . 246. CHARLES STUART COCHRANE (30) PLEADED GUILTY to two indictments for forging and uttering a transfer of shares, with intent to defraud; also to personating the owner of the said shares, with the like intent. — Eighteen Months' hard Labour. 247. GEORGE CLARK (30) and ELLEN CLARK (28) , Unlawfully uttering a counterfeit half-crown to George Redding . GEORGE CLARK PLEADED GUILTY . MESSRS. CRAUFURD and LLOYD Prosecuted. JOHN REDDING . I am a tobacconist, of Caledonian Road, Islington—on Sunday night, 17th January, about 10 minutes to 11 o'clock, the two prisoners came in—the male prisoner asked for a cigar and the female prisoner asked for a quarter of an ounce of snuff—the man said "Give her half an ounce of snuff"—I did so; the cigar and snuff came to 5 1/2 d .; the male prisoner put down a half-crown—I took it up, tested it, and discovered it to be bad; it bent easily—I called my wife, handed her the half-crown to look at—I walked round the corner, bolted the door, and sent the servant for a policeman—the male prisoner said "I am a respectable man; I will give you my name and address"—I said "I don't know; I will have a policeman and see who and what you are, and whether you are respectable or not"—the constable came and searched him in the shop—the female prisoner was standing up when the man was being searched; she then sat down in chair about two and a half yards from the man; the constable stood close by—no bad money was found on the man—I then heard a fall of money on the floor—the woman exclaimed "I have dropped a penny—the policeman stooped down and I picked, it up at her feet; he handed it to me and he asked what it was—I said a bad half-crown; this is it ( produced )—this is the coin that was tendered. JAMES SMITH ( Policeman Y 480). On the evening of 17th January, about 10 minutes to 11, I was called to Mr. Bedding's shop, and found the two prisoners there—Mr. Bedding gave the male prisoner in custody for endeavouring to pass a bad half-crown, which he handed to me—I marked it and produce it—the prisoner said he would give me his address; "I am a respectable man; I live at 14, Clayton Street, Cale donian Road," and he had worked at Whiteley's for five year—I told him he would have to go to the station—he said he had got the half-crown in change for a half-sovereign—I found on him 6 s . in silver and 6 1/2 d . in bronze, good money—at this time the female prisoner was standing in the shop—after I had searched him she sat down in the chair—I heard a chink on the floor like money falling—I said "What's that?"—she said "I have dropped a penny"—I looked on the floor at her feet and picked up this half-crown—I handed it to the last witness, and said "What is this?"—he said "A bad half-crown"—the male prisoner said she did not drop it—there was no penny on the floor; this piece of paper was found, which has a mark as if a half-crown had been enclosed in it—I was standing quite close to the woman when I heard the chink; the male prisoner was about two yards from her—I did not see her drop the coin; she is not the man's wife. Ellen Smith. I am not his wife; I had only known him about three weeks. Witness. She was searched at the station; nothing was found on her. WILLIAM JOHN WEBSTER . I am Inspector of Coin to the Mint—these two half-crowns are bad, from different moulds—I do not see any distinct mark on this piece of paper—counterfeit coin is in the habit of being wrapped up in paper; tissue paper was generally used, but any paper is now used. Witness for the Defence. GEORGE CLARK ( The Prisoner ). I am a porter and was living with the female prisoner at 14, Clayton Street, Caledonian Road—I dropped the half-crown—when I took the female into the shop she had not the least idea that I had any counterfeit coins in my possession, nor that I was going to tender one—when the door was bolted I dropped this, and it rolled under her feet; she is perfectly innocent; I am very sorry for her. Cross-examined. I heard her say that she had dropped a penny; I said nothing then—she had dropped a penny in the street before we went into the shop when she pulled out her handkerchief; we looked for it but could not find it. Ellen Clark. It fell in my dress, and it dropped out in the shop. GUILTY . GEORGE CLARK then PLEADED GUILTY to a previous con viction on 2 nd March , in the name of Charles Ross , and also on 30 th July , 1883.— Eighteen Months' Hard Labour. ELLEN CLARK — Six Months' Hard Labour. 248. JOHN SULLIVAN (17) , Unlawfully having in his possession 10 counterfeit half-crown, with intent to utter the same. MR. CRAUFURD Prosecuted. WALTER PITMAN . I am a grocer, at 9, South Molten Street—on 13th January, soon after 6 o'clock, a little boy named Jeremiah Sullivan came in for a pound of sugar, which came to three pence—he gave me a bad half-crown in payment—I had some conversation with him and took him outside—I saw the prisoner about 20 yards from the shop; I saw a constable at the top of the street—the prisoner said to the boy" What's the matter, Tommy?" and he said to me "What are you doing with that boy?"—I said "What is that to you; I am going to take him up to the top of the street"—he came alongside of me, and snatched the boy out of my hand, took a belt off his waist, and struck me on the head with it—the prisoner and the boy ran away—I attempted to run after him, when the prisoner struck me with the belt on the ear—the—boy ran down a court; the prisoner stood at the entrance of the court and defied me to go after him—he said "Come on," and he swung the belt round his head, and threatened to strike me if I came any farther—I then lost sight of them—about half or three-quarters of an hour afterwards a constable came and fetched me to a coffee-shop in Thomas Street—I there saw the prisoner and the little boy and another one that I had not seen before ( Matthews ); they were all sitting together—I said "That is the one that struck me, and that is the boy"—I had left the half-crown on home; I went home and fetched it; this is it—I handed it to the constable. DENIS CARMODY ( Policeman C 394). About 6 o'clock or a little after on 13th June I met the last witness, who handed me this half-crown, and gave me some information and a description, in consequence of which I went in search of the lad Jeremiah Sullivan—I saw him about 20 minutes afterwards with the prisoner and Matthews in Gilbert Street; I kept observation on them, and saw Matthews hand something to Jeremiah, who went into an oil shop in Robert Street—he put a coin on the counter—I was on the opposite side of the road—I could see it done; there was a lamp—the other two were on the opposite side of the road, the same side as I was—I was in uniform—Jeremiah did not get anything—there was a large number of customers in the shop—he picked the coin up again, and came out and joined the other two—they went into Thomas Street, and entered a coffee shop all three together and had tea—I then sent for Pitman—he pointed to the prisoner, and said "That is the man that struck me with the belt," and pointing to Jeremiah, he said "That is the boy that brought the half-crown to my shop"—I told them I should take them in custody for uttering a counterfeit half-crown—I took them out with the assistance of another constable, and took them to the station—on Matthews I found two florins, a shilling, and fivepence in bronze, all good money—on the prisoner I found three florins, 1 s . 6 d . in silver, and 11 1/2 d . in bronze—nothing was found on Jeremiah—I also found on Matthews ten counterfeit half-crowns, which I produce; they were wrapped up in paper—the prisoner gave his address 178, Red Cross Street, Borough—Matthews refused his address; he said he had no Home. WILLIAM JOHN WEBSTER . The half-crown that was uttered is bad—the other ten are all bad, and some of them are from the same mould as the one uttered. He-examined. I don't know anything about hitting the man with the belt. GUILTY . he then PLEADED GUILTY to a previous conviction of uttering counterfeit coin in March , 1885, ( See next case. ) 249. JOHN SULLIVAN was again indicted with JOHN MATTHEWS (17) for unlawfully having in their possession ten counterfeit half-crowns, with intent to utter the same. The evidence in the last case was read over by the shorthand writer, to which the witnesses assented. GUILTY . JOHN MATTHEWS *.— Fifteen Months' Hard Labour. SULLIVAN .— Eighteen Months' Hard Labour. 250. SILAS FRANCIS (17) PLEADED GUILTY to two indictments for stealing a post-letter containing three orders for the payment of money and 24 stamps, the property of Her Majesty's Postmaster-General . He received a good character.—Six Months Hard Labour. 251. JOHN TARRY (15) to attempting to have carnal knowledge of Margaret Higgins , a girl under 13 years of age.— Seven Days' Imprisonment , eight strokes with a birch rod , and two years in a reformatory school. [Pleaded guilty: See original trial image.] 252. ALFRED PERRY (17) to robbery with violence with another person on Frederick Emmerton , and stealing 12 s . — Ten Months Hard Labour. And [Pleaded guilty: See original trial image.] 253. THOMAS ABSOLOM CAREW JACKSON (26) to feloniously marrying Mary Ann Elizabeth White , his wife being alive.— One Month without Hard Labour. [Pleaded guilty: See original trial image.] 254. JAMES MIDDLETON (34) , Unlawfully having carnal knowledge of Elizabeth Thwaites , a girl between 13 and 16. MR. GILL Prosecuted. GUILTY .— Nine Months' Hard Labour. 255. JAMES DONELLY (50) PLEADED GUILTY to unlawfully uttering counterfeit coin.— Twelve Months' Hard Labour. 256. MARY ANN JONES (30) , Feloniously uttering counterfeit coin. MESSRS. LLOYD and WILKINSON Prosecuted. ELIZA HONEKER . My husband is a pork butcher, of 5, Vere Street, Clare Market—on January 1st he served the prisoner with some saveloys—I recognised her as she came in, and asked her what she had given to my husband—he then bent the coin she had given him, and gave it back to her; she paid me with twopence, and left the shop—I followed her about ten minutes, and gave her in custody—I had seen her in the shop about three weeks before, when she bought some articles and paid my husband with a half-crown—he cut it in two and threw it into the street. JOSEPH HONEKER . On 1st January I served the prisoner with some saveloys; she gave me a florin, I clipped it in two, and gave it back to her—in consequence of something my wife said I followed the prisoner, and she was given in custody—I had seen my wife take a half-crown from her about three weeks before—I chopped it in two, and threw it into the street—there was no other half-crown in the till. WILLIAM DAINES ( Policeman E 418). On 1st January, about 9 p.m., Mr. Henniker gave the prisoner in my custody outside his shop, and charged her with uttering a florin that evening and a half-crown before—she said nothing. NOT GUILTY . 257. JOSEPH COOK (35) , Unlawfully uttering counterfeit coin. MESSRS. LLOYD and WILKINSON Prosecuted. FRANCIS HOPKINS . I keep a beer house in Hackney Road—on 4th January, about 8 p.m., I served the prisoner with half a pint of beer—he tendered a shilling; I gave him the change, and he left—I put the shilling in the till; there was no other shilling there—I afterwards sent it to a grocer's next door for change, and it was brought back to me—the prisoner came again next day, and tendered a shilling—I saw that it was bad before I took it up; I placed my hand on it, and gave him no change for that dulling—I charged him with passing a bad shilling the previous night—he said that he had not, he had tendered a sixpence the night before, but I am sure it was a shilling. The Prisoner. I went in the night before and put down a sixpence, and when I put this shilling down he said it was bad; I told him I got it in change for a florin in Old Street. ADA ELLEN FRANKLIN . I occasionally assist in the bar at this public-house—the last witness is my grandfather—he gave me a shilling on 4th January to go out and get change—I took it to Mr. Cooper, the grocer next door but one, who gave me the change—I am sure I gave him the same shilling which my grandfather gave me. WILLIAM COOPER . I am manager to Edward Short, a grocer, of 258, Hackney Road—on 4th January, about 7 or 8 p.m., the last witness brought me a shilling—I gave her the change for it, and kept it in my hand till she was gone—I then found it was bad, and sent it back immediately by Morgan. ROBERT SPENCER MORGAN . On 4th January Mr. Cooper gave me a shilling; I gave it to Mr. Hopkins. THOMAS WHITE ( Policeman H 95). On 5th January the prisoner was given in my custody—I said, "I shall search you; have you got any more?"—he handed me a good shilling and a penny—Mr. Hopkins said that the prisoner was at his shop the night before and tendered a bad shilling—the prisoner said that he was in the shop, but he tendered a sixpence—I received these two shillings from Mr. Hopkins. WILLIAM JOHN WEBSTER . These shillings are bad, and from the same mould. Prisoner's Defence. I changed a sixpence the night before, and I had just changed a florin. I had two shillings in my pocket; I put one shilling down, and he said it was bad; I said I did not think it was. NOT GUILTY . 258. EDWARD LIDDLE (17) , Unlawfully uttering counterfeit coin. MESSRS. LLOYD and WILKINSON Prosecuted. PHILIP ANGUS . I am money-taker at the Alhambra Theatre—on 9th January, about 7.40, the prisoner purchased two gallery tickets with a bad shillings—I told him it was bad—he said, "I did not know it"—I bent it in the tester, and gave it to him, and called the checktaker—the police were called, and he was searched—two bad shillings and a good sixpence and a penny were found on him. By the COURT . He did not run away—I did not ask him for any money. WILLIAM LAURIE ( Policeman ). I took the prisoner, searched him, and found a bent shilling, two other bad shillings, a sixpence, and a penny—he said at first that he got them from his employer, Mr. Reynolds, of the Strand, and afterwards that he got them in gambling in Drury Lane. WILLIAM JOHN WEBSTER . These three shillings are bad, and from the same mould. A certificate of the prisoner's good character was handed in. NOT GUILTY . 259. WILLIAM STEPHENS (16) , Unlawfully having counterfeit coin in his possession with intent to utter it. The two children through whose agency the prisoner attempted to past the coins being too young to understand the nature of an oath, the COURT directed a verdict of NOT GUILTY . 260. JOHN MORTON (23) , Unlawfully uttering counterfeit coin. MESSRS. CRAUFURD and LLOYD Prosecuted. JENNIE NEWTON . I am barmaid at the Union public-house, Haymarket—on 25th January I served the prisoner with some ale and tobacco, price 2 d .—he gave me a florin—I felt it, and then weighed it—it would not go through the tester, and I told him it was bad; he said that he did not know it; I gave it back to him, and he left—he came again next morning for some drink and tobacco, which came to 2 d ., and gave me a half-crown—I said, "You came yesterday and got nothing, and now come again; you don't have this back, and you will have no change; where did you get this?"—he said, "In the market"—he drank the beer and paid with a penny, and I took the tobacco back—I told him if I had had some one there I would have had him locked up, and told him to tell the potman, who was outside, to come in, but he ran out—the potman brought him back—I gave the half-crown to the policeman. Cross-examined by the Prisoner. I did not give you in charge the day before because I was alone in the bar—I recognised you immediately you came in the second time, and before I took your money—I swear to you. ARTHUR JESSE GIBBS . I am potman at 26, Poultney Street—I was outside the Union public-house and saw the prisoner run out; I ran after him and caught him, and he said "I am not guilty"—I said "You will have to come back"—he went back, and Miss Newton gave him in charge—nothing was found on him—I went to the station, and as I came back along Jermyn Street I picked up this florin in the road, on the spot which the prisoner had gone over. Cross-examined. I did not say "You have passed a bad half-crown in the Haymarket" before you said "I am not guilty"—I did not take you back and take a bad florin out and say somebody has passed this, and you will have to suffer for it. JENNIE NEWTON ( Re-examined ). When the prisoner came back nothing was said in my presence about a bad florin, but I said "This is the half-crown he has passed." JAMES BURTON ( Policeman C 150). I was called and took the prisoner—I found nothing on him—I received this half-crown from Miss Newton and this florin from Gibbs—the prisoner said he got the half-crown from Covent Garden, where he worked as a porter—she said that he was there a month previously and passed a bad coin—he said that he was never in the house before. By the COURT . I do not remember the potman saying anything about a florin while I was in the house; it was not till after I took the prisoner to the station. WILLIAM JOHN WEBSTER . These coins are both bad. The prisoner in his defence stated that he got the half-crown in Covent Garden Market, and that he could point out the man who gave it him, and that the potman stated that somebody had passed a bad florin and he would have to suffer for it. NOT GUILTY . 261. GEORGE SMITH (20) , Unlawfully uttering: counterfeit coin. MESSRS. LLOYD and WILKINSON Prosecuted. WILLIAM GEORGE FLECK . I am a baker of 53, Amwell Street, Clerk enwell—on 20th January, about 5 o'clock, I served the prisoner with a half-quartern loaf, price 2 3/4 d .; he gave me a florin—I gave him the change and put it in the till—there was no other florin there—I after wards found it was bad—this is it—I saw the prisoner at the station the next week with five or six others and recognised him. JOHN BRADMAN . I am a butcher of 20, Amwell Street, Clerkenwell—on 20th January I served the prisoner with some meat, price 5 d .—he gave me a half-crown—I told him it was bad—he said "I have just taken it in change for a half-sovereign in White Lion Street, in a public-house"—I said "I don't believe you," and asked if he had got any more money—he produced 13 s . or 14 s . which I believe were good—I gave him in custody—he said that he got the coin in change in the Caledonian Road. JOHN BUTLER ( Policeman G 29). The prisoner was given into my custody—he said he changed a half-sovereign in Caledonian Road—I asked him the name of the public-house—he said he did not know—I asked where he lived—he said he should not tell me because he did not want to get his employer into trouble—Mr. Bradman gave me this half-crown—when I was going to search the prisoner at the station he threw this piece of tissue paper behind a seat, it had the print of a coin on it, which is here now—I afterwards placed him with seven or eight others, and Mr. Fleck picked him out and gave me this florin. WILLIAM JOHN WEBSTER . These coins are both bad. The prisoner in his defence stated that he was a carrot hawker, and received the coins in change. NOT GUILTY . 262. FREDERICK HEITMAN (18) , Unlawfully uttering counterfeit coin. MESSRS. LLOYD and WILKINSON Prosecuted. ANNIE COLGATE . My father is a hosier, at Church Street, Chiswick—on January 8th, about 4 p.m., I served the prisoner with some socks, price 2 3/4 d .; he gave me a half-crown; I gave it to my mother in the kitchen, went back to the shop, and the prisoner had gone—he came again on the 16th, my mother called me into the shop, gave me a half-crown and said "Go and take it to the Lamb and see if it is a good one"—the prisoner heard that, and when I came back to the shop he had run away—he had got the change. ANNIE COLGATE, SEN . My husband is a hosier—on 8th January my daughter showed me a half-crown—I threw it on the fire and it melted quickly—on January 15th I served the prisoner with some black cotton; he tendered a half-crown, which I gave to my daughter with instructions —lie saw her go out, and I think he heard what I said, he seemed very uneasy—I went to the door to see if she was coming, and he ran away—I asked her in his presence if he was the man who tendered her a half-crown—she said "Yes, mother, I am sure it is him." THOMAS THOMPSON ( Detective Sergeant ). On 15th January Mrs. Colgate gave me this half-crown. SARAH JANE FOXALL . I am manageress to Mr. Smyth, of the Cadogan Arms—on January 16th about 5 o'clock the prisoner came in for half-a-quartern of rum, and tendered half-a-crown to the barmaid, who handed it to me—I found it was bad and asked the prisoner where he got it—he said "A man gave it to me standing at the corner of Portland Square"—I called Mr. Smyth, and the prisoner was given in custody—this is the coin. KEEBLE EDWARD SMYTHE . On January 16th Miss Foxall brought me a half-crown, and I asked the prisoner, who was at the bar, where he got it—he said a man at the corner of Portland Square sent him in to get the rum, and gave him 1 d . for his trouble—he brought a bottle—I said "You walk on in front of me and if you can, catch hold of the man"—I followed him, he hesitated, and I said "You must come to the station with me and give a description"—on the way he ran away, but a friend of mine caught him. GEORGE JEFFERY ( Policeman T ). I took the prisoner and received this half-crown from Mr. Smythe—he said when he was charged that he met a man at the corner of Portland Square who said "Boy, do you want to earn a penny?"—he said "I don't mind; and he gave me a half-crown and a penny, and told me to go and get half a quartern of the best rum, and when I went back he had gone"—I found on him a penny and a bottle of rum. WILLIAM JOHN WEBSTER . These coins are both bad. The prisoner in his statement before the Magistrate said that a man had sent him into both shops to pass the coins. GUILTY .*†— Judgment respited. 263. JAMES WOODHOUSE (23) and MATILDA JONES (36) , Unlawfully having counterfeit coin in their possession with intent to utter it. MESSRS. CRAUFURD and LLOYD Prosecuted. WILLIAM COOK . I am errand boy at Woodbridge Street, Clerkenwell—about a fortnight before Christmas I met the male prisoner at the corner of Old Street; he gave me a half-crown and asked me to get a quartern of whisky in a bottle at the corner of the road, and he would give me 2 d . for myself—I went to the Hat and Feathers, got the whisky and change, went to the place where I had left the prisoner, but he had gone—the governor of the public-house was following me. Cross-examined by Woodhouse. I next saw you at Bagnigge Wells Station and said "I think that is the man"—you then looked up, and I said "Yes, that is the man." Re-examined. I picked him out from a row of men. FREDERICK WILLIAM BARBER . I am barman at the Hat and Feathers, Goswell Road—on 14th December about 8.30 I served Cook with a quartern of whisky in a bottle—he gave me a bad half-crown—I gave him his full change and the whisky, and he went out—I marked the coin on the ear; this is it. JOHN CLARK . I am manager of the Hat and Feathers—on 4th December between 8 and 9 Cook came in and asked the barman for a quartern of whisky—the barman handed me a half-crown—I instructed the boy and followed him—he crossed the road and appeared to be looking for some one, and then looked the other way—I asked him what he was doing, and he said something to me—another boy had brought me a half-crown a few minutes before—the inspector came up while Cook was there—he went back with me to the house—I gave him the half-crown, and it was marked—I examined the till within a few minutes and found two more, making four. Cross-examined by Woodhouse. I could see that the boy was confused, and crossed the road to him. HARRY DIDDAMS ( Police Sergeant G ). On the morning of 9th January I went with Field and other officers to 46, Corporation Bow, Clerkenwell, with a search warrant, and found six people in one bed and three in another, two men and a woman between them—we asked for Jones and Woodhouse—the two prisoners sat up in bed and said "Here we are"—I searched the drawers and found this tissue paper, which is used by coiners—Sergeant Nash came into the room and said "I have found some counterfeit coin"—Jones said "God blind me, this is young joe's plant ; I never was a policeman, but if this is going to be given against me I will be a policeman now; what I have done myself I will stand to; I believe in being a b—good thief, but I never put down bad shillings"—when they were charged at the station Jones said to the inspector "You go and get Bendigo"—Woodhouse said that a man named Moody had been charged with uttering a bad half-sovereign at Luton and got off—I found on the wall this photograph ( produced ) of a man named Mansell, who was sentenced here last session to 18 months' for coining—he is in the uniform of a soldier. WILLIAM NASH ( Police Sergeant G ). I went with Sergeant Diddams and Inspector Peel and saw the prisoners—I examined the yard and found in the framework of the closet a packet containing five bad half-crowns and five bad shillings wrapped separately in tissue paper, similar to that found—I went to the station and heard Woodhouse say "Young Moody put the money there; he has got off to Luton for 12 months; if you get Bendigo and Flannigan you will get the right people"—Flannigan is in custody. ( See p. 360). WILLIAM PEEL ( Police Inspector G ). I went into the water-closet with Nash and saw him find the coin under the seat—on 14th December I was passing the Hat and Feathers, Mr. Clark called me in and showed me this bad half-crown—I marked it—these are the other three coins. WILLIAM JOHN WEBSTER . These coins are all bad—the four pieces, uttered are from two different moulds, and some of those found are from the same mould as those uttered. Woodhouse's Defence. Who is the most likely person for these coins to belong to: to the persons who have been convicted and who have been getting their living that way all their lives, or to a chap like me? The street door is open all day and all night. I have never been charged before for the same thing, but one man was discharged from this Court and from Luton. Jones's Defence. I know no more about it than a child unborn, but there is a woman in the kitchen who gets her living by counterfeit coin. I own to being a thief, but as to putting bad money down I never did. WOODHOUSE — GUILTY . **— Twelve Months' Hard Labour. JONES — NOT GUILTY . 264. RICHARD DOOLEY (31) PLEADED GUILTY to unlawfully publishing a libel of and concerning Edward Henry Biggin . — To enter into his own recognisance to appear for judgment if called upon. And 265. WALTER MARX (15) to two indictments for forging and uttering orders for the payment of 10 l . and 15 l . with intent to defraud.— To enter into recognizance's to appear for judgment. [Pleaded guilty: See original trial image.] 266. WILLIAM BREW (46) , Unlawfully failing to discover to his trustee in bankruptcy the disposition of the sum of 200 l ., also for obtaining on credit witnin four months of his bankruptcy three securities for 236 l . MESSRS GRAIN and WOODFALL Prosecuted ; MESSRS. MEAD and PARKER Defended. One of the jurors having been taken ill during the progress of the trial, and not being able again to attend, the Jury were discharged without giving any verdict, and the case was postponed to the next Session. 267. THOMAS FLANNIGAN (24) , Unlawfully uttering counterfeit coin. Second Count having counterfeit coin in his possession with intent to utter it. MR. LLOYD Prosecuted. FREDERICK HORRELL . I live at Tottenham Green with my father and mother—about 6.30 p.m. on 12th December I was going to Mr. Taylor's, the linendraper's, and met the prisoner—he asked me if I could run on an errand for him—I said yes—he took a bottle out of his pocket and told me to get a quartern of gin, because his wife was ill—he gave me a half-sovereign wrapped in paper and said it was a half-sovereign; I was not to lose it—I got the whisky at the Crown and Anchor—the barmaid took the coin out of the paper and gave me 9 s . 6 d . change—I returned to the prisoner and gave him the whisky and the change—he gave me 6 d .—I then went on to the linendraper's, about five minutes' walk off, and on coming back the prisoner came from across the road and asked me if I was not the boy who went before—I said yes—he gave me a half-sovereign wrapped in paper and told me he had left the bottle upstairs, and asked me to pay for one—the same barmaid served me and again took the money out of the paper and gave me the change—I was a long time in the public-house, and when I got out I had to wait two or three minutes—he came from the other side of the road as before, and took the change and the gin from me—he asked me to return him the sixpence he had given me before, and he would give me a shilling—he did so—I saw no more of him till 3rd February, when I picked him out from about half a dozen others at Clerkenwell Police-station—I have no doubt he is the man. Cross-examined by the Prisoner. I went to Dalston Police-station on the 4th—I was twice told to look and see if I could identify you—I did not see you then—a long time afterwards I was taken to Clerken-well, where I saw you with a number of others, and recognised you the first time. ADA CLARK . I am barmaid at the Grown and Anchor, Chiswick—on 12th December Hoyle came in between six and seven for a quartern of gin in a bottle—Iserved him; he gave me a half-sovereign in paper—I undid it, gave him 9 s . 6 d . change, and put the coin on the cheffonier—the same boy came in again—I did not notice him at the time, and served him with half a quartern of rum, and he again gave me a coin wrapped in paper, which I put on the cheffonier beside the other, and gave him change—the two coins were left there till another child came in—Mr. Rogers is the landlord—we sometimes get sovereigns or half-sovereigns wrapped in paper when children come in. GEORGE ROGERS . I gave three half-sovereigns to the constable—one I got from a boy who brought it for change, and the other two I took from the cheffonier. GEORGE HORRELL ( Policeman T 171). On 12th December about eight I went to the Grown and Anchor, where Mr. Rogers gave me three counterfeit half-sovereigns, which I gave to Thompson. THOMAS THOMPSON . I received three half-sovereigns from the last witness—I produce them. HENRY DIDDAMS ( Police Sergeant G ). On 30th January I was with Nash in Little Nelson Street, and saw the prisoner come down the street—I let him go past, and then went up and said "Your name is Bendigo," which name I knew him under—he said "No"—I said "I am going to take you in custody on suspicion of uttering counterfeit coin"—I got on one side of him and Nash on the other—he became very violent and threw himself down, and we had to obtain assistance of other constables till we got him to the station—there were four or five of us—at the station he was still more violent, three held him and I searched him—in his coat pocket we found five counterfeit half-crowns wrapped separately in paper—he said "You b—s—, you have put them there"—I had not done so. Cross-examined by the Prisoner. I saw you coming up Nelson Street at 1.30; I was behind a hoarding—you went past your house and came down to the bottom of the street again—it is a blind turning, and I waited for you about 50 yards off—you could have got rid of anything you wanted to—when I told you the charge you said "You have made a mistake"—you asked me what I had in my hand, and I held up my glove and my stick—your violence was in throwing yourself down—you did not attempt to strike me—you did not cry out to a man to come and feel in your pockets. WILLIAM NASH ( Detective Sergeant G ). I was with Diddams when the prisoner was taken—he struggled—we got the assistance of some uniform constables and went to the station—we were in plain clothes—I saw Didums take five half-crowns from his left-hand coat pocket—I did not see him put them into the pocket—they were wrapped in paper—the prisoner said to Didums "What have you got in your hand?"—he said "I have nothing except my glove and stick," and he held up his left hand. Cross-examined. You did not cry out on the way to the station for a man to feel in your pocket—a man came to the station—you did not ask him to do so—just before we got to the station we had to get the assistance of the uniform constables. WILLIAM JOHN WEBSTER . I am Examiner of Coins to Her Majesty's Mint—these two half-sovereigns and five half-crowns are all bad. RICHARD DYSON . The prisoner was taken to Dalston Station, and boys were brought there to see if he was the man. GUILTY on Second Count — Eight Months' Hard Lab ur. 268. SAMUEL FRANKLIN (19) , Unlawfully uttering counterfeit coin. MESRS. LLOYD and WILKINSON Prosecuted. RICHARD WALKDEN . I am seven years old—I live at 90, Francis Road, Dalston—on 19th November about 4 o'clock I was in Myddelton Road with George Mansfield, and the prisoner came up and asked me to go and get him half a quartern of gin, and gave me something like money wrapped in paper—I went to a public-house, asked for the gin, and gave the money to the lady and got the change, which I gave to the prisoner, who was standing where I had left him—he offered me a penny, but I would not take it—about 10 minutes afterwards I saw the prisoner again, and he asked me to get him a half-quartern of brandy, and gave me something like money in paper—I went to the same public-house, got the brandy from the same lady, who said that the half-sovereign was bad—I went out with the potman, but could not see the prisoner—I afterwards saw him at the station with a lot of men and picked him out. GEORGE MANSFIELD . I am a printer, of 121, Queen's Road, Dalston—I was with Walkden and saw the prisoner offer him a penny, but he would not take it—he sent him for a half-quartern of gin and gave him something wrapped in paper—the prisoner came back in about 20 minutes and asked Walkden to get half a quartern of pale brandy—I went to the public-house with him, and when we came out the prisoner had gone—I saw him with a lot more the first Monday in January at Dalston Station and picked him out—I am sure he is the man. ELIZABETH CUTMER . I am employed at the Myddelton Arms, Dalston—on 19th November Walkden came in for half a quartern of gin in a bottle, and gave me, as I supposed, a half-sovereign in paper, and I gave him the change, and put the coin on a shelf—about ten minutes after wards Walkden brought the same bottle which I had given him before, and asked for half a quartern of brandy, and gave me a half-sovereign wrapped in paper as before—I paid "This is a dark looking one, like the one you brought before"—I compared them, found them both bad, and gave them to the constable. FREDERICK MARTIN . I am 14 years old, and work at a baker's—on 26th November, about 7.15, I saw the prisoner outside St. Bartholomew's Hospital—he said "Go and get a quartern of rum in a bottle"—he gave me what I thought was a half-sovereign in paper, and told me to go to the Crown Tavern—I went there, and gave it to the landlord—he said something, and I went out in front of him, but could not see the prisoner —I picked him out at Dalston Station on January 1st from a dozen others. FREDERICK YORK . I am landlord of the Crown Tavern, West Smith-field—Martin brought me a bad half-sovereign in paper; I tried it with aqua fortis , and found it bad—I sent the boy out, and followed him—this is the coin; I gave it to the police. ERNEST LINDLE . I am six years old—I was playing one evening out side the Trafalgar public-house, and the prisoner came up and said "Go and get me some gin"—he gave me a half-sovereign in paper—I went to the Trafalgar, and offered it to Mr. Arnold, who gave me something in a bottle and the change, and I gave them to the prisoner. THOMAS ARNOLD . I keep the Trafalgar public-house, Peckham—on 2nd September Tindal came in for a quartern of gin in a bottle, and gave me a supposed half-sovereign—I put it on a shelf, and gave him the change; I afterwards found it was bad, and gave it to the police—this is it. CHARLES VINING ( Policeman P ). On 2nd December Arnold gave me this half-sovereign—I took Tindal to Dalston Station, where he picked out the prisoner from seven or eight others. RICHARD NURSEY ( Detective Officer N ). On 19th November I received these two bad half-sovereigns from Cutmer—they were marked in my presence—I took a description of the prisoner, and on January 4th I arrested him, and told him the charge—he said "All right"—I took him to the station, placed him with a dozen others, and he was picked out by different witnesses. WILLIAM JOHN WEBSTER . These four half-sovereigns are bad, and those passed to York and Arnold are from the same mould. GUILTY . He then PLEADED GUILTY to a conviction of a like offence at this Court in July , 1884.— Eight Months' Hard Labour. 269. JAMES SMYTHE (27) , Unlawfully uttering counterfeit coin. MESSRS. LLOYD and WILKINSON Prosecuted. ALICE ESSLAND . I am barmaid at the Cock and Bottle, Cannon Street—on 29th January, about 7 p.m., the prisoner came in for some drink, which came to three halfpence, and gave me a bad florin; it bent easily—I gave it back to him; he gave me a good half-crown, and I gave him the change. ANDREW HARRY ADAMS . I am manager to Tubb and Louis, of the Portland Arms, West Smithfield—on 29th January, about 8.30 p.m., the prisoner came in for a pennyworth of gin and gave me a bad shilling—I broke a piece out of it—he said that he must have got it in change for a sovereign at the East End—I gave him in custody. Cross-examined by the Prisoner. I passed it round to several persons in the bar, and kept you talking till a policeman came—you waited about five minutes, and had a pennyworth of tobacco afterwards, and gave me a good florin. JOHN SULLIVAN ( City Policeman 245). I was called, and took the prisoner—I asked him how he accounted for the coin—he said that he got it in change for a sovereign in Whitechapel Road—I searched him at the station, and found two half-crowns, a shilling, a sixpence, and 4 1/2 d ., all good—I received this shilling from Mr. Adams. WILLIAM JOHN WEBSTER This shilling is bad. The prisoner in his defence stated that the coin was given to him in change when he toot drunk. GUILTY .— Eight Months' Hard Labour. 270. GEORGE THOMPSON (61) , Unlawfully attempting to burglari ously break and enter the dwelling-house of Robert Farmer , with intent to steal. MR. GEOGHEGAN Prosecuted. ROBERT FARMER . I am a fruiterer—on 12th January, about 1 a.m., I heard the wooden shutter creak, and saw the prisoner there with a man, who ran away—I asked the prisoner what he was doing with the shutter—he said "Nothing"—I found it was pulled out from the slab three-quarters of an inch—I had seen it safe at 9.30 p.m. JAMES HAMMOND ( Policeman G 462). On 14th January, about 1 a.m., I was on duty in Old Street—Mr. Farmer called me across, and charged the prisoner with attempted burglary—he said that he had done nothing—I found the shutters moved about three-quarters of an inch—I found nothing on him. The prisoner in his defence stated that the prosecutor was standing at his shop door as he passed, and telling him that he was destitute, promised to give him 6 d . if he would wait, and that he waited till a policeman came, and was given in charge. NOT GUILTY . 271. ERNEST ANDERSON (18) , and HENRY GRITTY (18) , Rob bery with violence on George Knight , and stealing 19 s . 4 d . from his person. MR. GEOGHEGAN Prosecuted ; MR. BURNIE Defended. GEORGE KNIGHT . I am a labourer, and live at Enfield—on 9th Jan uary, about 9 o'clock, I was in Hampstead Road in a public-house—the two prisoners pulled me about and would not let me go out—I got out and went down Silver Street and they got hold of me and would not leave me alone—I had a half-sovereign and 9 s ., and going down Fighting Cock Lane they pulled me about again and one hit me on one side and one on the other side and on my nose, mouth and ear, and I fell, and one of them put his hand in my pocket and took my money out—I met a policeman and told him—I saw the prisoners next day with eight men and picked them out. Cross-examined. I had had a little drop of drink but was quite sober—I walked home. JOHN BUNTING . I am acting police sergeant at Enfield—on January 9th I was on duty in Fighting Cock Lane and saw the prisoners close to me—Anderson said to Gritty, "If the b—is there I will b—y well settle him"—I knew them by sight—I went about 100 yards farther towards the Wheat Sheaf and met Knight, who made a statement to me, and I went in search of the prisoners but could not find them that night—I went to the Ridgway Tavern on Sunday evening about a quarter to 8 and saw Anderson—Sergeant Kean took him in custody, and brought Gritty to the station the same Sunday evening, and Knight picked them out—Fighting Cock Lane is a lonely neighbourhood, there are fields on both sides. MICHAEL KEAN ( Detective Sergeant ). On Sunday, January 10th, I took Gritty outside the Holly Bush and told him the charge—he said, "I will go with you, I am innocent"—going to the station he said, "Me and Anderson saw a man drunk in the road and before that we saw him at the Nag's Head"—about 8 the same evening I went to the Ridgway Tavern and took Anderson—I told him the charge; he said, "I have nothing to say, I know nothing about Gritty"—I wrote this paper ( produced )—it was read over to the prisoners and they marked it. The Prisoners' Statements before the Magistrate. Gritty says: "On Saturday night, the 9th instant, me and Anderson were going up Silver Street, and saw the prosecutor lying on the road drunk; we picked him up and took him up the street as far as the Wheatsheaf, Silver Street, and saw no more of him." Anderson says: "That is right." JOHN BUNTING ( Re-examined ). When I met Knight he was not sober but he was quite sensible—he could walk. GUILTY .— Twelve Months' Hard Labour each . 272. ELIZABETH BRAY (18) , Feloniously wounding Annie Styles with intent to do her grievous bodily harm. MR. GEOGHEGAN Prosecuted ; MR. BURNIE Defended. ANNIE STYLES . I did live at 53, Pembroke Street, Islington, but not now—I know the defendant by sight—I saw her about 12 or 12.30 on January 8th at Station Road, Highbury, quarrelling with a woman—I said, "Don't interfere with that little woman"—she turned round with a bottle of beer in her hand—I warded off the blow and the bottle fell on the pavement and smashed in pieces, and she took a piece of it and put it in her mouth and carried it as far as Park Street, which I had to pass going home, and took the piece of glass out of her mouth and said, "I am an Irish girl"—as I was speaking to a gentleman she hit me with the glass over my eye and cut my cheek—I struggled with her against the shutters, but that is all I remember—I had had no quarrel with her before. JAMES WARRENNER . I am a cabman—on January 8th, about 12.45 a.m., I was outside the Cock at Highbury and saw the prosecutrix and prisoner smacking each other's faces—the prisoner had a quart ale bottle which got broken in the struggle, and the prisoner picked the bottom part up and walked as far as Park Street with it in her hand—the prosecutrix walked that way as well, and all of a sudden the prisoner rushed at her and cut her over the eye with the glass, and she fell—the prisoner ran up Park Street, and I caught her. Cross-examined. I do not know what they were quarrelling about, it may have been about me—I never saw them before, but I stood drink to the prisoner. ADA NEWTON . On 8th January, about 12.30 a.m., I was in Park Street, and saw the prisoner strike the prosecutrix with a piece of a bottle somewhere about the eye—she poured with blood, but did not fall—a policeman separated them—I actually saw the glass in her hand, and called out to the prosecutrix that she was going to hit her with something in her hand. Cross-examined. I heard the prisoner say that the prosecutrix had knocked a bottle out of her hand and smashed it. FRANCIS JOHN BUCKLE , B.M. I live at 32, Canonbury Square—on 8th January the prosecutrix was brought to my surgery, suffering from a long, lacerated wound in the inner corner of her right eye—it was not very deep—the bottom of a bottle would produce it. Cross-examined. I examined the wound yesterday, it has healed—I cannot say whether it is necessary for her to wear that black bandage, as she has not been under my care lately. THOMAS CHANDLER ( Policeman N 425). On 8th January I was on duty in Upper Street, heard cries, and saw the prosecutrix bleeding from her right cheek—the prisoner's face was covered with blood too—they were both under the influence of drink. Cross-examined. The prisoner said that the prosecutrix had struck her and knocked her bottle out of her hand, but denied striking the prose cutrix with it—I cannot swear that there was not a cut over the prisoner's eye. Re-examined. The prisoner did not ask for a doctor at the station, and none was called. JAMES VENNING ( Police Inspector N ). I was on duty at the station when the prisoner was brought in; she was bleeding from a cut over her left eye—I asked her how it was occasioned—she said that the prose cutrix had struck her first—she did not say what with, but I understood that it was done with her fist—the prosecutrix was suffering from a wound under her eye, and charged the prisoner with assaulting her—the prisoner said "She struck me first, and I struck her in self-defence"—they were both under the influence of drink. Cross-examined. She said she did not strike the prosecutrix inten tionally with the glass. Re-examined. It was not exactly that—she said "I did not mean to strike her in the face." NOT GUILTY . 273. WILLIAM GIBSON (32) , Burglary in the dwelling-house of William Green , and stealing five bottles of brandy, cigars, and other articles, his property, and a bag, a coat, and hat, the property of Charles Franklin . MR. GEOGHEGAN Prosecuted. CHARLES FRANKLIN . I am manager to William Green, of the Builders' Arms, Hammersmith—on January 5th, about 12.30 a.m., I locked up the premises—I came down at 7 next morning, and found the bagatelle window open, and a pair of steps placed against the wall under the window—I missed from the bar five bottles of brandy, two of whisky, 11 boxes of cigars, some tobacco, and other property, which I found in a black bag, placed close to the outer door, ready for removal—I went into the bar, and found the prisoner asleep with a half-pint tumbler of neat gin in front of him—I asked him what he was doing—he said "There are two others here"—I said "You will stay there," and fetched a constable—the police showed me the prisoner's under-coat at the station, it belonged to me—I saw some tobacco and cigars found in his pocket; I sell similar tobacco and cigars. ALFRED COULSON ( Policeman ). I took the prisoner, he said "Look after my two mates, do not let me suffer for the lot"—he said at the station "It was half-past one when I broke into the house." Prisoner's Defence. I did not break into the house, I went in at the front door; I was there all day playing at bagatelle, and some chaps said "Come along, I know where to get some gin;" I went with them and had some, and slept till the next morning. GUILTY . He than PLEADED GUILTY to a conviction at Hammersmith on June 29 th , 1885.— Twelve Months' Hard Labour. 274. JOHN MURPHY (30) , Burglary in the dwelling-house of William George White , and stealing one necklet, one locket, one scarf pin, and 1 l . 11 s . in money, his property. MR. WELLS Prosecuted ; MR. GEOGHEGAN Defended. WILLIAM GEORGE WHITE . I am porter to Mr. Fisher, of 108, Strand—on Sunday, January 7th, I left my house about 10.45, and looked it up, leaving everything safe, and no one there—I returned at 11.45, got in with a latch-key, and found the parlour door broken open, and a desk taken off the drawers, and forced open, and I missed 1 l . 11 l . out of it, and some picture cord, and a gold ring with a stone out—I have not seen them since. ALICE FOWLER . I live at 30, Union Street, Pimlico—on the night of 17th January I was at my father's door about 10 o'clock, right opposite where this robbery took place, and saw two men come out of Mr. White's front door—I can't say whether they were carrying anything, as it was so dark. RICHARD FIELDER . I am assistant to Mr. Chester, a pawnbroker, of 48, Stanhope Street—I produce a coat pledged for 6 s . 6 d . on January 22nd. WILLIAM PUGSLEY ( Police Sergeant ). On 21st January I took the prisoner, he was wearing this chain, attached to a watch ease—I searched his house and found some portions of a broken silver bangle—he was charged with burglary, and made no reply. ALBERT WITHERS ( Policeman ). I found this jemmy at the prisoner's house; I compared it with marks at the prosecutor's house on two parlour doors, and in the first floor bedroom, and it corresponded exactly. Cross-examined. The police have never been able to discover a jimmy manufactory; I do not know that they are made by hundreds in Birming ham. W. G. WHITE ( Re-examined ). This chain it mine, and so is this bangle. Cross-examined. The total value of what I lost is 7 l .—this chain is brass; I bought it of a friend—you can buy them by hundreds in Petticoat Lane—the bangle is silver—I identify it because it has been mended with solder in the middle—I used to wear a pencil on this chain; it dropped off, and the ring remains. A. WITHERS ( Re-examined by MR. GEOGHEGAN ). There were a great many other people living in the house—the prisoner is married and has three children; they occupy only one room, the back kitchen—the jimmy was found in a corner near the fireplace—some remark was made to Sergeant Pugsley about the things being given to the children—I have made inquiries about the prisoner; he has not been convicted to my knowledge. NOT GUILTY . 275. JOHN MURPHY was again indicted for breaking and entering the dwelling-house of Charles Arnell , and stealing a clock, two pairs of nutcrackers, a mustard pot, and other articles, his property. MR. WELLS Prosecuted ; MR. GEOGHEGAN Defended. ELIZA MARTIN . I am the wife of William Martin, of 80, High Street, Marylebone, and work at 16, Beaumont street, for Mr. Arnell—on Tuesday, 19th January, at 10 a.m. I locked up the house, and returned about 9.15 p.m.—I let myself in with the key—the door opened easily, and I noticed a candle on the carpet—I found the dining-room all in confusion; a writing-case was on the floor, and everything strewed about—I missed a clock from the mantelpiece and these salt cellars and mustard pot ( produced )—they are Mr. Arnell's property—I also missed some silver spoons which are not here. Cross-examined. I also missed a tablecloth and a nightdress—I have seen the nightdress since—all the property has been recovered. WILLIAM PUGSLEY ( Police Sergeant ). On 21st January I went with Withers to 10 Nassau Street, saw the prisoner, and said I wanted an explanation of what he was doing, in loitering about Beaumont Street on the night of the 19th—he said "I was not there; I know nothing about it"—Sergeant Withers found this clock on the table, and I said that he would be charged with breaking into the house and stealing it—he said "It was left here by two men"—I asked him who they were—he said he did not know them, but he thought they were dealers from Debenham's. Cross-examined. The salt cellars and clock are not new—Debenham's is a place where second-hand things are sold. ALBERT WITHERS . I went with Pugsley to this house and found the articles produced and this jemmy—I compared it with the marks at 26, Beamont Street, and found it had been inserted between the door and the lintel—there was a mark which fitted the broad end of it exactly. GUILTY .†— Eighteen Months' Hard Labour. 276. FREDERICK SAUNDERS (23) PLEADED GUILTY to obtaining an album by false pretences from Frederick Thomas White with intent to defraud, and from Graham Harrison Hollingsworth a leather bag and jewel case, and to attempting to obtain from Thomas Hugger a workbox with a like intent.— Twelve Months' Hard Labour. 277. RICHARD CARTER POOLE (38) to feloniously marrying Frederica Stenier , his wife being alive.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.] 278. SARAH SADLER (30) to unlawfully endeavouring to conceal the birth of her child.— Judgment respited. [Pleaded guilty: See original trial image.] 279. ERNEST EASTERBROOK (21) and CHARLES DENNY (18) to burglary in the dwelling house of Frank Layard Howard Collins , and stealing two books and other articles value 5 l ., Easterbrook having been convicted at Clerkenwell in 1882.— EASTER BROOK — Eighteen Months,' Hard Labour. DENNY — Twelve Months' Hard Labour. And [Pleaded guilty: See original trial image.] 280. JOHN CHARLES WICKS (20) to robbery with violence on Letty Webb and stealing a bag and other articles, also to robbery with violence on Alice Arnold and stealing a bag and 5 s ., also to a robbery on Casey Henshall and stealing a handbag and other articles his property, and to a previous conviction at Clerkenwell in 1884.— Two Years' Hard Labour. [Pleaded guilty: See original trial image.] 281. DANIEL SMITH (52) was indicted for the wilful murder of Jessie Smith . MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted ; MR. GEOGHEGAN Defended. ESTHER PLAISTOW . I live at 5, Cadiz Street, Stepney—the prisoner is the landlord of that house—he had a wife named Jessie, she lived there with him—on Saturday, 9th January, between 8 and half-past, I was upstairs with my mother and heard Mrs. Smith come in—shortly after that I heard Mr. Smith say, "I want that big lamp"—she said, "You shan't have it"—he said he would have it—we then heard a noise like struggling, and after that they went downstairs into the basement, and soon after that I heard screaming against the kitchen door—I went down, and when I got down there I saw Mrs. Smith standing in flames between the kitchen door and the yard door—the prisoner was standing inside the kitchen door about five or six feet from her—I saw the large lamp broken on the floor, the wick was burning—the prisoner had a small lamp in his hand, and as I got down he threw it at her and said, "Take that"—I screamed up to my mother that the house was on fire—she came down and I ran into the street and screamed "Fire"—I did not go back again—the prisoner went into the kitchen and did not in any way try to put out the flames or help his wife. Cross-examined. I had not seen the prisoner before that day—he was very drunk then—the pieces of the large lamp and the burning wick were lying at Mrs. Smith's feet, and part of the floor was burning close to her—the small lamp was a common penny paraffin lamp. CAROLINE PLAISTOW . I am a widow, and live at prisoner's house, 5, Cadiz Street, Stepney—it is a three roomed house, the basement, ground floor, and my room upstairs—on Saturday night, 9th January, I was sitting in my room with my daughter and Mrs. Smith called up for a light from the ground floor—I sent my little boy down with a piece of lighted candle, and he remained down there—after that I heard Mr. Smith come up from the kitchen and say he would have the large lamp; she said he should not have it—I heard her say again that he should not have it, that he had two small lamps down in the Kitchen, and that was light enough for him—I then heard Mr. Smith go down the kitchen stairs, Mrs. Smith followed him; he said, "You shan't have it, I will have it"—about five minutes after that I heard Mrs. Smith screaming and sent my daughter down; she screamed "Mother, come down"—I went into the basement and saw Mrs. Smith in flames standing between the kitchen door and the yard door, she was screaming; the prisoner was standing close to her looking at her—as I stood there he had the small lamp in his hand, and he threw it at her and said, "Take that"—I couldn't say where it struck her or whether it struck her at all; she was then in flames, and I saw the remains of the large lamp at her feet—I then went away, and Mr. Calvert, a friend of mine, came down; I handed him a pail of water from my room, I couldn't find rugs; another pailful was handed in from the street door and the flames were put out—the prisoner did nothing to put the flames out, he was much the worse for drink—I had seen him earlier in the day, between 2 and 3 o'clock, he was very drunk then; he came home about a quarter past 2 in the afternoon, as far as I know he didn't go out again. Cross-examined. He remained indoors drinking rum the whole time—I can't say whether he took the large lamp out of her hand and went down-stairs and she followed him, I didn't see him do it—I visited the deceased at the hospital twice on Saturday evening and twice on Sunday evening; I did not speak to her about this matter, she was too ill—I gave my evi dence at the Coroner's inquest. JOHN PLAISTOW . I am seven years old, and live with my mother—on this Saturday night I was in the parlour on the ground floor, my mother had given me a piece of candle—I opened the door for Mrs. Smith, and she ht the big lamp from the candle—the prisoner then came up from the kitchen into the parlour and said he should have the lamp, and Mrs. Smith said he should not—he went back into the kitchen and came back with two little lamps and threw them at her and said "Take that"—when Mrs. Smith said "You shan't have it" he took it away from her and threw it at her—they went downstairs to the kitchen floor, I don't know which went first, he had got the lamp in his hand and he threw it at her, he was then between the kitchen door and the yard door; I saw it, I am quite sure about it—after that he went into the kitchen and got the two little lamps—I screamed up to my mother and my sister came down; Mrs. Smith was in flames. Cross-examined. My sister saw one of the lamps thrown and my mother one—he had the lamp at the bottom of the stairs, and she said "I will have the lamp," and snatched at it, and they each tried to get hold of it; he said "Take that" when he threw the little lamp at her—he got as far as the kitchen door, and then threw it at her with one hand. RICHARD CALVERT . I am a traveller, and live at 1, Liddiard Street, Stepney—on 9th January I called to see Mrs. plaistow at 5, Cadiz Street—I was there about five o'clock—her daughter was there—I saw the little bay leave the room and go downstairs with a light to give Mrs. Smith—I heard the street-door open, and soon after that I heard a jangling between Mr. and Mrs. Smith about a lamp—Mrs. Smith said "My daughter made me a present of this; you have two lamps in the kitchen, they are enough for you—I then heard them go downstairs—about a quarter of an hour or 20 minutes after that I heard a kind of a shriek—the daughter went down, and she screamed up "Mother, mother, come down, the house is on fire"—the mother then went down—the boy had not come back, he remained down there—I then went down into the basement and saw the deceased in flames—a pail of water was obtained, and I threw it on her and put the fire out—I then went into the kitchen, and saw the prisoner sitting in a chair in front of the fire; he did not speak to me, he appeared to be intoxicated—the deceased had then been carried upstairs by Mr. Steele. WILLIAM STEELE . I am a labourer, and live at 10, Cadiz Street—on 9th January, about half-past eight, I was in my room, and heard cries of "Help" and "Fire"—I went to No. 5, that is a little to the right of my house, and saw Mrs. Smith lying in the passage with her shawl on and her clothes smouldering—I carried her on to the ground floor, and sent for a cab—I saw the prisoner standing at the kitchen door with a little lamp in his hand—I said "You ought to be ashamed of yourself, Mr. Smith"—he made use of some expressions, and said "Serve her right"—he was drunk. Cross-examined. The prisoner was very much the worse for liquor—I know him very well. ALFRED GUOLD ( Detective ). On Saturday, the 9th, about 12 at night, I went to 5, Cadiz Street with Detective Payne—I saw the prisoner lying on a bed in the basement, fully dressed—I shook him up, and told him we were police officers, and we should take him into custody for causing bodily harm to his wife by throwing an ignited lamp at her—he made no answer—I then cautioned him in the usual way—I told him that if he made any statement in answer to the charge it might be used as evidence against him on his trial—he said nothing to that—on the way to the station he said "How is she?"—I said "I don't know"—he said "A b—good job if she dies"—he was recovering from the effects of drink—on Monday morning between 9 and 10 he was charged with causing her death (at that time she had died)—he made no answer. HENRY PAYNE ( Detective ). I went to 5, Cadiz Street after this occurrence—I found there a Paisley shawl, a black body, skirt, and other articles of female apparel, more or less burnt, saturated with water and paraffin—in the room I found the top of a small lamp, and in the passage of the basement I found a piece of cotton wick—between the yard door and the kitchen door I saw pieces of broken glass on the passage floor—on the dustheap, I found two pieces of the large-lamp, the stand, and a piece of the globe—upstairs in Mrs. Plaistow's room I found a small lamp, the top of the big lamp, and the wick. Cross-examined. Such lamps are very much used at the East End—this would hold between a quarter and half a pint of paraffin oil—the small lamp was not broken; not the glass part—I examined the premises with Gould; there was no trace of paraffin on the walls of the passage. By the COURT . The whole of the dress was saturated with paraffin, but more on the shawl and body. HENRY WILLIAM GODFREY , M.H.O.S. I was house surgeon at the London Hospital on Saturday night, 9th January—the deceased was brought there about 8.30; she was suffering from external burns in the face, neck, both arms, and mouth—the clothing was burnt and also damp, and smelling of paraffin—everything was gone for her that could be done, but she expired on Sunday evening at 6.20—a post-mortem examination was made—the cause of death was the result of shock from the burns. LIZZIE SMITH . I am the prisoner's daughter, and am 24 years of age; ours was a three-roomed house—I went to the hospital on the Saturday night, just after 11 o'clock, and stayed till 4.30 on the Sunday afternoon—in the morning my father was brought there, and a Magistrate came—I did not hear her make any statement then—I was taken away from the bedside—I came back afterwards—I know the three lamps; I gave the large one to my mother—these ( produced ) are bits of it. Cross-examined. I saw my mother at the hospital immediately after she was admitted, and I asked her twice how it was done—I was examined before the Coroner; I told them what she had said—she did not say any thing to me indicating that she was expecting to die. HENRY WILLIAM GODFREY ( Re-examined ). The deceased said nothing to indicate that she thought she should not get over it—I think she was in too bad a condition to know her own state—on the Saturday evening I was able to address questions to her with regard to her state, and she answered me, but I don't think she had any idea of the danger she was in at that time. GUILTY of manslaughter. — Ten Years' Penal Servitude. 282. SIDNEY HERBERT CRONMIRE alias HERBERT HARRI SON (20) , Being entrusted with a certain security, converting it to his own use. Second Count , converting the proceeds to his own use. MR. MEAD Prosecuted ; MESSRS. KEMP , Q.C., and CHARLES MATHEWS Defended. ROBERT HENRY WARD . I live at 111, Cromwell Road, South Ken sington, and at Knowle Hall, Bridgewater—I am a private gentleman—I saw this advertisement ( produced ) in the Standard , answered it, and received this book, which I read, and after having some other transactions with the defendant I wrote this letter to him on November 2nd enclosing this cheque for 21 l . 5 s .—it is my firm conviction that I wrote these figures "91"—I never had a doubt of it till the Magistrate raised it, and nothing had transpired in my mind to make me believe that there was any other figure than "91," the "91" has been altered to "90"—I have the counterfoil of the cheque here—the amount was made up thus: 1 l . for every 100 l . for cover, and one-sixteenth for commission, namely 1 l . 5 s .—I drew the cheque at the time I wrote the letter; I filled up the counterfoil first—refreshing my memory by the counterfoil, I am under the impression that I put "91" in the letter, but I cannot say farther than that—I received this receipt for the cheque—the stock was 90 3/4 to 91 on the 2nd when I wrote the letter, and I saw printed on the 6th the business in the house of the 5th marked "Done 90 3/4 to 91"—on November 3rd when he defendant received the letter the stock was at 91 1/4, and on November 5th 90 3/4 to 91, the same as it was on the 2nd—I did not receive any memorandum or sold note, and on 11th November I sent this telegram: "Have you bought British at 91?"—I received a telegram in reply: "Opened British at 92 1/2"—I had not given instructions for that—next day I received a sold note for 16,000 British at 92 1/2, upon which I came up to London, went to the office, saw Mr. Scott, the defendant's manager, and repudiated that contract—it was ultimately withdrawn—I never received a contract note with regard to that stock, nor have I bad infor mation from the defendant that such a contract has been entered into—I have received the cheque for 21 l . 5 s . back through my bankers, but have received no consideration for it—I was at the police-court on each hearing—I saw all my letters in Court—I remember a letter being called for at the final hearing, and notice to produce being admitted—the letter was not then produced, and I gave my recollection of it—I was cross-examined as to my recollection of it, and in answer to an observation of yours the Counsel on the other side then produced it. Cross-examined by MR. KEMP . If I had seen nothing but this letter without my counterfoil I should not have believed that I wrote this "90" because at the time I was challenged about it I had not examined the counterfoil l—supposing I had nothing to refresh my memory with, I should be very doubtful about the "0" of the "90" being in my writing because I knew it was impossible to buy the stock at "90"—if my "1" has been altered to "0" it is very well altered—I will not swear that the "0" is not written precisely with the same coloured ink, and apparently at the same time, the down stroke making a slight curve—I have great doubts in my mind about it—this was not a speculative matter, I intended to take up these 2,000 stock on the account day, but I sent cover because that was the man's rule—I put two lines across the cheque, but I did not put "and Co"—I frequently put the two lines, and my cheques are paid—that question has been raised before and has been decided, the two lines are simply a matter of form. ROBERT OUTRAM ( City Detective Sergeant ). On 30th November I served a summons on the defendant in the street in the City, he said it was simply a matter of account, a speculative matter, the charge was the same as it is now—he appeared on October 7th, and was remanded, and on the second occasion he failed to appear, and a warrant was issued—I traced him to Spain, another warrant was issued, and on the 28th I saw him in prison in Madrid, and read the warrant to him; he said "It is simply a matter of account, Outram, a speculative account; do all you can to get me out of here, and I will return to England; do all you can to save waiting for the extradition papers"—on January 5th I received an order from the civil governor of Spain, brought the prisoner to this country, and he was charged at the police-station. EDWARD BEALE . I am the solicitor for the prosecution, and also to the official receiver in the defendant's bankruptcy—I received the defendant's books from the official receiver—this is the counterfoil book ( produced )—on 11th November I found a counterfoil for 16,000 British at 92 1/2—I can't find any counterfoil relating to a transaction for 2,000 North British, or any trace of such a transaction—I have received no information from the defendant which enabled me to trace such a bargain, and I have searched all his books. FRANCIS WILLIAM APLIN . I was till very recently a clerk in the Threadneedle Street Branch of the City Bank—Sidney Herbert Cronmire Had an account there; here is a paying-in slip on 3rd November, and a cheque for 21 l . 5 s . on the London Provincial Bank, South Kensington, which was paid in to Mr. Cronmire's account; it is stamped by us—I do not know whether the account is closed yet, but there was a balance of 8 l . to his credit on 14th November. MR. KEM , Q.C., submitted that there was no case to go to the Jury. The defendant was not "entrusted with money with a direction in writing to apply and pay the same;" it was sent, not in part payment for the shares, but for "cover and commission," and therefore the defendant had a right to pay it in to his bank. It was true that the defendant ought to have bought the shares at 90 l . or 91 l . if he could, but if the figure was 90 l . he never could do so, and even if it was 91 l . he could not do it "on the morrow, Tuesday" as directed, and he had no direction to do it on the Wednesday. By not return ing the money he had committed a breach of contract, but that was not a criminal matter. The case of Reg. v. Christian, relied upon MR. MEAD , did not apply, as the prosecutor had not sent the cheque in part payment for the shares, but to hold as cover against the transaction of the morrow, and as commission if he purchased; and the direction was not for the benefit of the prosecutor, but of the defendant, as the cover was for his protection; the commission was to be earned by him. MR. MEAD contended that the case of Reg. v. Christian was on all fours with this case. A cheque was sent, and on the following day, supposing the stock was at 91, it would have been the defendant's duty to purchase it; but if he allowed the day to pass without doing so, and paid the cheque into his bank, and spent the proceeds, that would be a misappropriation, as it was his duty either to do the business or to return the cheque, and he had done neither. The COMMON SERJEANT , having consulted MR. JUSTICE DENMAN , considered that the case ought to go to the Jury. Witness for the Defence. ROBERT SCOTT . I am a stock and share dealer—I was formerly manager for the prisoner—I received this letter of November 2nd—I do not think Mr. Harrison ( The Prisoner ) was there when it came—he occasionally; did not arrive till after the letters came, and I had authority to open them—I opened it, and paid the cheque into the bank; I endorsed it; he never saw it—I have no doubt that the letter is in the same state now as when I received it—"91" has not been turned into "90"—I have seen a great many "0's" by Mr. Ward, and I say that it has not—the defendant never saw this letter in the office, but he may have seen it in Court—he probably came to the office next day, but I did not always show him the letters and documents which I received, and I did not on this occasion. Cross-examined. I did not make a memorandum in a book when I received the letter—we should acknowledge the cheque, and if we could not do the Stock we should tell him so; we should do it on the first, opportunity; I do not say that we did so in this case, but in all proba bility—I never made any entry in any book with regard to this transac tion—I entered into no bargain with regard to the 21 l . 5 s .—we had other orders from Mr. Ward; we had two other cheques for 85 l . each, and on 29th October we had instructions to buy 8,000 Brighton A's—I do not know what was done an to that; I did not do the business—when we enter into a transaction with a jobber I, not being broker, should not make the entry; a bargain book would be kept by the authorised broker or his clerk; I should only be called to make out the contract, note—I believe the defendant is a stockbroker; I have seen his certi ficate—I made no bargain in reference to the 8,000; it rested with him; it would be his duty—two or three books were kept; they were all the same colour—I should possibly be able to find this transaction—Mr. Cronmire would enter it in a book—I made a contract for 16,000 l . accord ing to his directions, but I did not purchase it; he did that with the two sums he received, 170 l .—Mr. Ward has had 100 l . of that on account of what is owing—on 11th November I represented to Mr. Ward that I had sold 16,000 Brighton Shares at 973/8; that would give him a profit of 200 l ., but I did not do that bargain at all; it rested with Mr. Cronmire; I only made the contract for it—I remember this letter coming on November 3rd—Mr. Cronmire was in the office that day in all pro bability—it was his duty to make the purchases; he would want to know what cheques came to hand before making purchases—he drew cheques on the City Bank. Re-examined. I did not draw cheques in his name, but I endorsed cheques by his authority—I should not like to swear that I communi cated to him what cheques I had paid in, but in all probability I did tell him that a cheque had arrived—the letter would go in a box with the others—he very seldom looked at letters when he came. By the JURY . There was no other clerk. GUILTY .— Judgment respited, the point of law being reserved. 283. HERBERT BUSK (28) , Unlawfully attempting to commit—with Thomas Alexander Woollan . Second Count , indecent assault. MR. GRAIN Prosecuted ; MR. E. CLARK , Q.C., and MR. BESLEY Defended. MR. E. CLARK stated that he could not resist a verdict of guilty of a common assault, but that the prisoner was so drunk as to be entirely unconscious of his actions. He received an excellent character. GUILTY of a common assault. — Four Months' Hard Labour. 284. WILLIAM JOHN FIRLING (29) , Forging and uttering a banker's cheque for 8 l . 8 s . with intent to defraud. MR. GRAIN Prosecuted ; MR. BESLEY Defended. REV. THOMAS REGAN . I am Administrator and Parish Priest of St. C—Church, Fitzroy Square—by virtue of my office I caused some repairs to be done to the schools, and became indebted to the builder in 96 l . 18 s .—a committee was formed about October last to collect the money and liquidate the debt—the prisoner had been attending the services of the church for about three months, and apparently took considerable interest in the schools—he was elected hon. Secretary and treasurer to the committee, and was appointed to receive subscrip tions and instructed to pay to the builder all that he received—I never authorised him to sign my name to any cheques or to endorse them—the endorsement "T." or "J. Regan" to this cheque, is not mine, nor an imitation of my signature—there is no writing of mine on it, and I did not know of it being received—not a farthing of the debt due to the builder has been paid by the prisoner—on December 24th Mr. Brandon made a communication to me, and on December 27th I received the letter from the prisoner—I had been in communication with him. ( This was written from Dorchester, acknowledging the witness's letter of the day before and expressing regret at having caused so much unpleasantness by his careless ness, stating that he should be in town on Friday, and requesting the witness not to take any extreme measures, and offering to send a 10 l . share in, a company at a security. ) I answered to that address, consulted with the committee, and a warrant was applied for at Dorchester—after the prisoner's arrest I received another letter. Cross-examined. I paid the builder 400 l .; I borrowed the money—the 90 l . was over and above the estimate—Captain Gordon was chairman of the committee—I received one cheque and endorsed it in the prisoner's presence and handed it to him—I have said "Perhaps I should not have complained of his writing my name on the back of a cheque if he had paid the money to the builder"—he told me that he was going to, Dorchester, and I have his address—I have said "If he had handed over the money to the builder and had endorsed my name without my authority, I cannot say whether I should have prosecuted him or not; I, am willing to receive the money the prisoner collected"—I was willing enough then certainly—there have been no negotiations with me with regard to any settlement of this matter, nor did I instigate any one to do it—this letter was the first intimation of Mr. Wontner having money from the prisoner's friends—if he had put the cheque before me I should have endorsed it. Re-examined. If he had endorsed the cheque and paid it to the builder I should not have complained—I have had no negotiations as to the payment of money by the prisoner. By MR. BESLEY . I had a conversation with the prisoner before Christmas—I expected the whole amount to be paid to the builder before Christmas day, and was disappointed that it was not, and spoke to him before he went to Dorchester, and he promised to pay before Christmas—the committee left it to his discretion how he was to collect the subscriptions. By MR. GRAIN . I asked him why the builder was not paid, as I had received a communication from the builder—he said that he had to see the builder that morning, and I waited some time and did not see him, and he would pay him on Saturday. RICHARD ALFRED BRANGAN . I am a member of Father Regan's congregation and of the committee—I sent this cheque to the prisoner, and a letter, stating that I sent it for liquidating the debt of 96 l . odd—that was paid by my bankers—it was a subscription from myself. WILLIAM HODGSON . I carry on business at 14, Sidney Street, City Road—I entered into a contract with Father Regan to make these alterations—a certain amount was paid, and 96 l . was left, of which I have not been paid a farthing—I saw the prisoner at the end of October or the beginning of November, and he told me that a committee was formed and he was the secretary, and he promised to send to me in a fortnight or three weeks—not hearing from him, I wrote to Father Regan, and then received a letter from the prisoner, but did not see him afterwards—he called on the Saturday before Christmas, but I did not see him. Cross-examined. I had 400 l . on account—neither Father Regan or the prisoner told me that he was treasurer as well as secretary—since he has been in custody Father Regan has paid me. WILLIAM CLITHER GORDON . I am manager of the Langham Hotel, Limited—in the beginning of October I was present at the meeting to collect funds to pay off the debt on these schools—the prisoner introduced himself to me there, and he was appointed hon secretary, and asked to collect the money, which he agreed to do, but we did not call him treasurer—the money was to be collected with the utmost dispatch to relieve Father Regan's difficulty—after he had collected a certain amount I told him the best thing he could do was to meet me at the Langham, and we would go up and see the builder—this cheque is dated October 29th—he came to me about that date to talk about the matter, and asked if I would cash a cheque for him, and I told my cashier to give him the money—I had not my glasses on—I saw that it was endorsed, but did not notice the name—it was as it is now—we went to the builder together a little before the date of this cheque, as I knew more of the business than the prisoner, but the builder was not at home; we waited an hour, and the prisoner said he would call and see him next day—I said "Very well, I shall not have time"—he told me that he had between 50 l . and 60 l . in hand—there was nothing to prevent his paying that to the builder—I saw him twice afterwards—he said that the builder had written to him and wanted the remainder of his account, and he had paid him 50 l ., and the builder had written to him asking for the balance, and he said that the contributions were coming in very slowly. Cross-examined. I met Mr. Toomey there—he was one of the committee—if he has sworn that the prisoner was appointed treasurer, that is not untrue, a man who has charge of money is a treasurer—the distinction between a collector of money and a treasurer is, that one man holds the money and the other collects it, and the prisoner was not to hold the money—I asked the prisoner to keep a record of the action of the committee—he said that he would take notes after the committee had broken up—they met three times or more—I collected money myself, and handed in a cheque for two guineas, upon which Father Regan's endorsement was also forged—that name is on the list, it is the last name there—I know that 50 l . has been paid in respect of this 47 l . 5 s .; that includes a two-guinea cheque—that is the only cheque I handed to the prisoner—a month or six weeks before I went on my holiday I pro posed to go and see the builder and get a big discount off—he did not say that if the subscriptions came in as promised there was enough to pay cash—I never had an account from him of the money he received—I have met the drawer of the eight-guinea cheque; he did not say that it was for this very money, but the impression left on my mind was that it was a subscription of that gentleman for extras on the building account—this "J. Regan" is very much like I make my T's, they are more like J's. Re-examined. I do not write well—I had no idea that any money had been paid to the builder till this matter cropped up—the prisoner was appointed to collect the money and dispose of it. RICHARD ALFRED BRANGAN ( Re-examined ). I drew the cheque—it is "Pay T. Regan, Esq."—I knew that his name was Thomas—I put "Esqre." though he is a priest. MICHAEL EUGENE TOOMEY . I am a dentist, of Rathbone Place, and a member of Father Regan's congregation and of this committee—the prisoner was appointed as secretary and to collect subscriptions—I called him treasurer at the police-court. Cross-examined. I should say that he was treasurer—he was appointed to collect subscriptions and see the builder—Captain Gordon asked him that question. CHARLES GATTIN ( Police Sergeant ). I went to Dorchester, and received the prisoner from the police there—I read the warrant to him; he made no reply. NOT GUILTY . 285. JOHN WILLIAM FIRLING was again indicted for forging and uttering the endorsement to a cheque drawn by Richard Alfred Brangan , with intent to defraud. MR. GRRAIN offered no evidence. NOT GUILTY . 286. JOHN WILLIAM FIRLING was again indicted for that he, being entrusted by Richard Alfred Brangan with an order for 8 l . 8 s ., with a direction in writing, did apply the same to his own use. MR. GRAIN offered no evidence. NOT GUILTY . 287. ALLEN FOISARD , alias JULES MALOCHE (46) , Unlawfully obtaining by false pretences from Edward De Greve 18 bales of flax, with intent to defraud, and attempting to obtain 150 bales with a like intent. MR. F. N. ABRAHAMS Prosecuted ; MR. DUKE Defended. JOSEPH HILL . I am a stationer and tobacconist at 43, Barbican—about the end of November the prisoner came and asked if I would receive a few letters for him for a few days till he got suitable offices ready in the neighbourhood—I arranged to do so, and he agreed to pay me 1 s . a week—he said there would not be many, about two or four a day—he paid me 1 s . in advance—he wrote this name, "Jules Maloche," on a piece of paper—after that he fetched letters, one or two, or at most four or five a day—they were all foreign, some from Paris, some from Belgium—in the last week of December one or two letters were returned from abroad, and they contained my address printed on the heading of the envelope—I asked the prisoner why he had had my address printed, as I had given him no consent—he treated it as a slight matter, and said it was only to save the Post-office authorities the trouble of opening them—he continued to call till Thursday, the last day of December—he ceased then, because I told him I would not receive any after the Saturday. Cross-examined. I cannot say if he told me at any time that his name was Maloche; I cannot remember that he ever did or that he did not—I have had no charge brought against me by the police in this matter—I know no interpreters—I did not see the prisoner open any of the foreign letters—the only one he opened was one I wrote, which I gave him with two others: there was no post-mark or stamp on it—he seemed as if he did not understand what it really was—previous to that I had told him I objected to having my address printed without my consent. Re-examined. He was never accompanied by a man when he came—he once came with a little girl—the letter he opened was addressed "J. Maloche." EDWARD DE GREVE . I am a flax merchant in business with my father at Eclos in Belgium—a person giving the name of Brocart came twice to me in July—I saw him again afterwards at Blankenberg—I did not do business with him—I received this letter signed "J. Maloche," 7th December, and these others on the dates mentioned—in pursuance of the order contained in this letter I sent 18 bales of flax to England to the address J. Maloche, Great Eastern Railway Company's station, Liverpool Street, and the delivery order I afterwards sent to 43, Barbican—I was never paid for these goods—I came to London with my father, and went direct to 43, Barbican, where we found no office—we went to the Great Eastern Railway Company, Liverpool Street; we found no warehouse there belonging to Maloche—I was asked to send 150 bales in all, but only sent the 18—I sent those because I believed it was a good firm, and I thought No. 43, Barbican was a great house, and that he had a ware-house at the Great Eastern Railway, Liverpool Street. Cross-examined. Brocart was not very tall, a little yellow in the face, with a black beard to the jaw, carried along the jaw with the moustache to the side of the face—I never knew the name of Maloche before these transactions—I obtained references as to Maloche after I had sent the goods—we generally only do business in Belgium—I should not think Maloche was a Belgian—in Belgium the railway companies receive goods for their customers in their warehouses—I have never sent goods to such a warehouse there—I wrote to Maloche asking for payment—the merchandise was sold to be paid cash—I do not know the handwriting of that letter of the 12th—I think I have had five in that writing—when I received the fifth I knew it was from Maloche—I think this is the same writing. ( This was a letter said to have been received by the prisoner in prison. ) Re-examined. After we sent the merchandise we wrote for references. HARRY GERALS ABRAHAMS . I am a solicitor, and a member of the firm of Michael Abrahams, Son, and Co.—I am thoroughly conversant with the French language, and I produce copies of translations which I have made of these letters. Cross-examined. I am a member of the firm who are prosecuting. THOMAS JOHN REED . I am foreman to Ezekiel Bull, van proprietor, Aldgate—on 30th December the prisoner called with another gentleman; they both spoke English—they said they wanted a van to bring 18 bales of flax from Liverpool Street to Euston—I asked them if they had a place of business—they said no, they were French, and had no place of business in London—the prisoner gave the name of Smith—the prisoner and the other man left, and I sent off a pair-horse van—I saw the prisoner again on 18th January alone; he asked me if he could see the carman, as one of the bates of flax was damaged—I said he was not there; I had only taken him on as an extra man, and he had been discharged—he did not say where they had been taken to. Cross-examined. I do not remember particularly what the other gentle man said to me—I remember nothing that he said to me—he spoke to me in English—he said they would want some more stuff carted—he was a short gentleman with whiskers and a clean shaven chin, about 35 or 40 years of age—a Frenchman, rather slim—he was the man that paid me. FREDERICK THEYNE . I am a delivery clerk at the Great Eastern Rail way Station, Bishopsgate Street—no person named Malche has any office there—I saw the prisoner alone on 30th December when he produced this delivery order for 18 bales of flax—I gave him this order on the fore man to obtain the 18 bales—he wrote the name of J. Maloche on the back of it—he subsequently signed the same name in my book, which I produce—he paid 2 l . 6 s . for the freight. Cross-examined. Maloche was the name in which the goods were con signed—without that name he would not have got them—I come in contact with interpreters sometimes; they frequently act for foreign merchants in the business they have to do. Re-examined. The prisoner did not say he was an interpreter. HENRY SMITH . I am a checker at the Great Eastern Station, Bishops-gate Street—on 30th December the prisoner handed this order to the foreman, and the foreman to me—he had no van at first; he went and fetched Bull's van, and I then helped him to load it, and put the things on—I then took him to the inquiry office to sign the book—only the carman was with him. GEORGE WOOD . I am a checker at the Great Northern Railway, King's Cross—on 30th December the prisoner came with a short, dark foreign-looking man, and asked me if we accepted goods for Hull—I said "Yes," and instructed him where to back the van, and he went and told the carman where to back it—I directed the prisoner to go to Mr. Graves for a consignment note—he afterwards brought it to me—I did not see him sign it; I found it signed in the name of A. Durand—the goods were then transferred to the truck, and went off by the next train that night to Hull—the other man said in fair English that he was going to Hull that night. Cross-examined. The other man was short and dark, with moustache and whiskers; not very stout, below the middle height—he said "I shall be going to Hull to-night; will the goods be there in the morning?"—I did not say he was a Frenchman, but a foreign-looking man. HENRY GRAVES . I am a clerk in the Great Northern Railway, King's Cross—on 30th December, 1885, the prisoner came to my office and asked me to book a consignment of flax in the name of A. Durand, 18, Fenchurch Street—he signed this in my presence—I knew the prisoner at Southampton as an interpreter, what is called a land shrimp ; one who meets persons coming off ships, and does their business for them—I have not seen him since till I did so at Guildhall—he did not mention then that he was acting as interpreter, I did not know he was one—I did not call him by name—I simply dealt with him in the ordinary course of business. Re-examined. It might be 12 or 13 years since he was acting as land shrimp. By MR. DUKE . I do not know if he was in the service of the Royal Mail Company or not. HENRY HANSON . I am a member of the firm of Corrie, Hanson, and Co., flax merchants and commission agents at Hull, which is a recognised market for flax—I first saw the prisoner on the 31st December last year accompanied by a Frenchman whom he introduced as Mr. Durand, flax merchant from Lille, who had 18 bales of flax that he had sold to some one in London, but hearing that the man in London was not so good as he anticipated he came to London, and had brought the flax to Hull to sell it or get some one to sell it for him—I was asked to sell it—the other man only spoke to the prisoner, who interpreted—it was about 3.30 or 3.15—I said I could do nothing that night until I had seen the flax itself—they came again next morning—I went across to the railway, Mr. Durand produced the railway receipt, and showed it to the railway com pany—I inspected the flax—the letter "M" was on the bales, I think—I asked the prisoner who had referred him to me—he said some one in the train had told him he had better come to us, as we were one of the principal agents there, if he wanted to sell the flax—ultimately we were commissioned to sell the flax, and we made an advance of 72 l . by cheque to Durand, who endorsed it, and they then went to cash it at the bank—Durand, the other man, spoke only through the interpreter; he promised to send further samples of flax when he got back to Lille—we subse quently sold the flax for about 115 l ., off which expenses had to be deducted—I was directed to write to Lille, but the address of the interpreter was given as 14, Wardour Street—I wrote there concerning the sale, because Durand wrote from London a few days afterwards, saying he was detained a few days in London and would I write to him at that address—I now hold the difference between my advance and the price realised. Cross-examined. This was an ordinary transaction—no objection has been raised to my part in it. ESTHER LANDAU . I am the wife of George Landau, a sealingwax maker, we live at 182, Goswell Road—I had two rooms to let, which the prisoner rented, saving he wanted them for storing purposes—he came with a Mr. Williams who introduced him as Mr. Maloche—Mr. Williams had rented the same rooms before, about ten months ago; he is a short dark man, I think with a moustache—he took the rooms, but never took possession of them, he merely said he would want them in two or three weeks' time, as he had no use for them at present—he called several times for letters, which I noticed were foreign, and addressed to Mr. Maloche—no goods arrived there except two small bags which Mr. Williams brought. Cross-examined. Sometimes there were two, sometimes three letters a day—Maloche called first, then Williams came several times, and took the letters—when Williams had the rooms before, letters came to him in the same way, with sometimes the same sort of postmark—on the more recent occasions I am sure the letters were the prisoners, because they were addressed Maloche—I gave them to Williams because he called for them in the prisoner's name the last few days—I had not known the prisoner before 4th January—I never saw him open letters at my place, he put them in his pocket and went away. Re-examined. Williams spoke English incorrectly, he could make him self understood—he came to fetch Maloche's letters about the middle of January. ALFRED SCRIVENER ( City Detective ) In pursuance of instructions, I watched a tobacconist's shop 14, Wardour Street, on 14th January—the prisoner came in with a young lady for a letter, and when he left, I and another officer arrested him—this was the letter that was handed to him over the counter—I said "Mr. Allen," he answered to that name—I told him we were police officers, and that I should charge him with obtaining 18 bales of flax from Mr. De Greve of Belgium—I took him to the City, where he was handed over to Lawley. Cross-examined. In answer to the charge he said he knew nothing about any flax, he never obtained any flax in his life—I had charged him with fraudulently obtaining flax—the letter was unopened in his breast pocket—I did not know him before as an interpreter, I don't know now of my own knowledge whether he is one. FREDERICK LAWLEY ( City Detective Sergeant ). On 21st January this year, I saw the prisoner in custody at the Old Jewry—I said "What is your name?"—he said "Allen Foisard"—I said "I hold a warrant for your arrest, you are known at 43, Barbican, as Jules Maloche"—he said "I was never at 43, Barbican in my life, I have passed through Barbican"—I said "Where is Brocart?"—he said "He is away at Lille in France"—he was then taken to Moor Lane Station and charged—he said he knew nothing about any flax—he was asked for his address, and he refused to give it—I searched, and found this card on him: "Charles Morvant, dealer and commision agent, 7, College Avenue, Homerton"—I also found a latch-key on him which opened the door at that address. Cross-examined. He lived there—I do not know Brocart, and never saw him—I did not know the prisoner before—I have made inquiries about him—of my own knowledge I do not know whether he was an interpreter or not. SARAH REEVE . I am the wife of Charles Reeve, and live at 82, Fen-church Street, a public-house; I serve at the bar—the prisoner was in our house about three weeks ago, to have something to drink—he has received letters there, but the last was about three or four months since—the letters were foreign, and came in the name of Brocart. Cross-examined. I think I remember a gentleman coming with him and saying he would bring me a hat when he came back from Paris again; he was dark, with a black moustache, I don't think he had a beard; he was not tall. Re-examined. I don't talk French, and therefore if he promised me a hat it must have been in English. AMELIA CASTRO . I live at 250, Mile End Road, and am servant to Mr. Young, a tobacconist, there—the prisoner came there to fetch letters, I knew him as Brocart—I did not notice what the letters were—large bales came there too; Reeves the greengrocer took them away in a wheelbar row—I heard the prisoner give no directions as to their being taken. Cross-examined. I don't think the prisoner ever spoke to me; he never gave me his name as Brocart—my master is ill, and Mrs. Young is look ing after the shop—I never gave letters to the prisoner; I am sure I have seen him, I saw the letters. ( A number of letters between the prisoner and prosecutor were here put in and read. ) Witnesses for the Defence. CHARLES EDWARD COLLYER . I live at 141, Fenchurch Street, and am a sworn broker—the prisoner called on me about September, and repre sented himself, either then or subsequently, to be acting as interpreter—he was accompanied by another man like the one that has been described; I should take him to be the same man—that man represented himself to be a native of Belgium, well acquainted with flax, and had come here to sell flax; the prisoner acted as interpreter to him, as he professed he could not speak English—he gave his name as Brocart; I may have seen him sign his name—I am under the belief this letter ( produced ) is in Brocart's handwriting. Cross-examined. This flax was represented to belong to Brocart; Tole appeared at a later period and made complaints, and alleged he had not been paid for it—I do not know of my own knowledge whether he had been paid for it. Re-examined. Tole complained about the former transaction. ---- WARREN . I am a clerk at the Great Eastern Railway office at Bishopgate Goods Station—on 29th December I saw the prisoner there, he was accompanied by a short man with a moustache, and I think he was rather dark—they came to our inquiry office and made inquiries for this flax, which was sent from Eclos, and not being found there it was the duty of the clerk to send them to the correspondence office—they came and asked me about the matter, and produced their proof of owner ship—I looked into the matter, and found it had arrived that morning; they required a sample, and I believe it was handed to the prisoner, who carried it from the station; I don't know who asked for it. GEORGE DAVIS . I am a foreman at the Bishopsgate Goods Station of the Great Eastern Railway—on 29th December the prisoner came to the station with another person, and Warren brought them to me to inquire for 18 bales—I looked for and found them, and gave them a sample, which one (I could not say who) asked Warren for in my presence—one of them did not speak English, I could not say which that was; I believe one was acting as interpreter for the other—I cannot remember who took the samples away. GEORGE FINCH ( Warder in Her Majesty's Prison of Newgate ). This letter ( produced ) has been sent on to this prison from Clerkenwell, and has been initialled by the chief warder—that is the course pursued with all letters arriving for and going from prisoners. GUILTY .— Five Years' Penal Servitude. 288. RICHARD GRIEVES (35) and ESTHER GRIEVES (33) , Breaking and entering the shop of John Keen Jorns , and stealing um brellas and walking sticks. Second Count , receiving the same. MR. MONTAGU WILLIAMS Prosecuted ; MR. PURCELL defended Richard Grieves, and MR. KEITH FRITH defended Esther Grieves. JOHN KEEN JORNS . I trade at 158, Strand as Harvey and Company, umbrella makers—on Wednesday, 16th December, at 8 o'clock, I left my shop, shutting the door behind me and seeing it was securely fastened—next morning I returned at a quarter to 9 and found my man, the char woman, and two constables there—the window had been cleared of umbrellas, walking sticks, and other articles to the value of about 300 l .—the door from the shop into the passage was burst open. Cross-examined by MR. PURCELL . I lost about 198 umbrellas and about 45 walking-sticks, seven portions of silk, and a few trifling things. SOLOMON PARKER . I live at 3, Bow Road, and am a fish salesman at Billingsgate Market—I know the prisoner as a fishmonger frequent ing the market—about 9 or 10 days before Christmas, between 6 and 7 a.m. I imagine, he said "Can you do with some umbrellas?"—I said "Yes; how much?"—he said "10 s . each"—I said "That is a lot of money"—he said he had to give a lot of money for them; they were very good—I said "I would not mind giving 6 s . cash for some"—I had not then seen them—he said he could not take it; they cost more, and he went away—a day or two after I saw him at the market, and he said "You can have some of those at 7 s . 6 d ."—I said "No; I will give you 7 s . each for some of them, if they are very good"—he said "Very good"—he asked for my address, and said he would send them by parcels delivery—I gave him my address—the same evening the female prisoner called on me, and brought a parcel wrapped in canvas, which she put in the corner of the room—she said she had brought some umbrellas from her husband, I think—she stayed there a few minutes—I and my wife were going out, and she left the umbrellas there, and I saw her into a 'bus ; I did cot undo them before I went out—when I came home I opened the parcel and found 16 umbrellas—I selected the four best of them, and took the others back in the canvas to the market in the cab which calls for me every morning—I put them in my employers' (Henry Barber and Son) shop, and the same day I sent them up to Grieves's van by a boy employed by a man that he buys fish of—when I saw Grieves I gave him 1 l . 8 s ., and told him I had taken four; this is one of the four—I sold it to Phillips, my brother-in-law, for a sovereign; the other three I gave to Mr. Nathan to try to sell—he showed me something in the newspaper, in consequence of which he brought them back, and would have nothing to do with them, and I destroyed them—the same day the police came to visit my premises, showed me the umbrella I had sold to Phillips, and searched my pre mises—on the following day I was taken to the police-station, detained, and charged; I was let out on bail—I surrendered on the remand; the charge was withdrawn against me, and I was put into the witness box as a witness. Cross-examined by MR. PURCELL . I have known Mr. Grieves buying fish in the market for 14 months; he dealt with my employers and other people—we gave him credit for salmon and lobsters—he was buying fish from us in very large quantities, as a fishmonger and dealer would buy—he came every day except Sunday; it is an everyday occurrence for men who buy and sell fish to bring other articles to buy or sell in the market—persons in the market are in the habit of selling everything—I knew Grieves's name; this conversation took place in the shop; there are other assistants under me; there are always plenty of people about our place—I have heard of Wilson, a hawker, I think, who deals in all kinds of things, which he sells much below the price they often fetch in the ordinary market, or otherwise we should not purchase them—I was alarmed when the policeman first came—I told Partridge I had bought some umbrellas about a fortnight before—I can't say how long it was before Christmas; it was more than a day or two—Partridge asked me if I knew the man from whom I bought them—I said I did not know; that was not true—he asked me if I bought any more at the time—I replied that that was the only one I had; that was not quite correct—he asked me if I was sure, and I said yes—he then went away; it was between 6 and 7 he called—I had burnt the umbrellas just before; I did not tell him I had—he came again next day, and said "I have reliable information that you had more umbrellas than the one I have got"—I said "No," and then I was taken to the station—the third time I was brought up the policeman asked the Magistrate to withdraw the charge against me. Cross-examined by MR. FRITH . I believed the female prisoner was Mrs. Grieve—I had just awoke from sleep when she came, and I did not properly hear what she said, but I think she said something to the effect that she had them from her husband; she said she had come from him—the parcel was wrapped up. Re-examined. I buy other things in the market besides fish—I have some jewellery on now that I bought there. MIRIAM PARKER . I am the wife of Solomon Parker—I remember Mrs. Grieves coming to our house about a week before Christmas; one of our little children opened the door—Mrs. Grieves asked for my hus band; I showed her into the room—she had a bundle which she put into the corner of the room; it was wrapped in canvas—my husband came in; I remained in the room; nothing took place—the bundle remained, there; I did not examine it till we came home—I then saw there were several umbrellas in it. WILLIAM GLINDON . I live at 227, Oxford Street, East Stepney, and am a porter at Billingsgate Market—I know Parker and Grieves by sight—about a month or five weeks ago Parker gave me a parcel wrapped in canvas, and told me to take it to Mr. Grieves's van—I did so; the van was in Eastcheap; I knew it by sight, and put the parcel in the van—I had seen Grieves at the market that morning. Cross-examined by MR. PURCELL . There were other carts there into which men were putting goods—I usually put things into Mr. Grieves's cart. By the JURY . I have taken many parcels to the van; what they have contained I don't know, but principally fish—this parcel was not fish. By MR. PURCELL . I often have parcels of all sorts and sizes other than fish to put into the van. JOSEPH NATHAN . I live at 47, British Street, Bow, and am a dealer in cigars—one evening I was at Parker's house, and he showed me about four umbrellas—I took three and left one behind—my son afterwards saw an advertisement in the newspaper about some umbrellas that had been stolen from Mr. Harvey's in the Strand, and showed it to me—I got them down—he opened one and read the name of the firm where the rob bery had been committed on the umbrella—in consequence of that I took the umbrella back to Mr. Parker, and had some conversation with him about it. By the COURT . It never occurred to me to take them to the police-station—I always knew Parker as a respectable man, and believed he knew nothing of anything but honourable transactions. FREDERICK NATHAN . I am the son of the last witness—I saw the advertisement in the newspaper about the umbrellas; I showed it to my father—I knew my father had umbrellas on the premises with the name of Harvey and Son in them. Cross-examined. I saw them in my father's possession a day or two before Christmas. THOMAS PARTRIDGE ( Police Constable ). In consequence of information received I went on 5th January, about 7 p.m., to 36, Great Church Street, City, and there received from Mr. Phillips this umbrella ( pro duced )—in consequence of what I then learned, I went to 3, Bow Road, where I saw Parker—I showed him the umbrella I had got from Phillips and had a conversation with him—after that I saw Nathan—on the morning of the 7th I went to 16, Moor Street, Seven Dials, a fish shop kept by the Grieves's—I saw both the prisoners in the back parlour, and told them I should have to take them into custody for stealing, or being concerned in stealing, a number of umbrellas and walking sticks on the 16th of last month from a shop in the Strand—they said they knew nothing about it—I said to Grieves "I shall have to see what you have got in your place"—he said "Yes"—I went upstairs with him, leaving the woman downstairs with Drew—I could find nothing there—I then said to Grieves" I shall have to go to your other place in Crown Street"—he said "Yes"—I went there with him—we went in by the side door, which was open, and through another door in the passage leading into the shop, also a fish shop—I asked him who a woman who was inside was—he said "My servant"—she said "Shall I take down the shutters?"—he said "No, never mind now"—she went out of the shop—we searched the shop, and under the counter we found a dressing bag, tied up in this sheet of paper—it was covered with a lot of paper and different stuff under the paper—Enright pulled it out from under the stuff—no one else was present—I asked Grieves how he accounted for the bag being there—he said "I don't know, I know nothing about it"—there were cut glass and other things there which have not been identified—I took him to the station and found his wife had already been taken there—I said to her "This bag has been found in your shop"—she said "Yes, a man left it there and said he would call for it, I don't know who he was"—the bag has since been identified as the property of a lady named Bolton, and was stolen from Charing Cross Railway Station. Cross-examined by MR. PURCELL . Parker said I could look over his place if I liked—I left them, saying I should have to make further inquiries—he said "That is the only one I ever had, I will assure you"—I said "Well, Mr. Nathan says he returned three to you yesterday"—there are sleeping rooms overhead in Crown Street—I don't think the Grieveses rent those rooms, only the shop—there are lodgers overhead—there is a small back parlour and a shop. Cross-examined by MR. FRITH . I never knew the female prisoner as Mrs. Grieves till she gave that name now—she passed by that name, but I knew her always as Mrs. Wilkinson—the bag was wrapped in paper, and covered with a lot of rubbish and paper; it was not under lock and key—anybody could find it by searching for it—there was a small cupboard in the room, but it would not hold that bag; it was not locked—I don't know if there was a lock and key to it—there were a couple of small tables at the back—it is about three or four minutes' walk from the Oxford Music-hall. Re-examined. You could not see the parcel containing the bag before you removed the rubbish—I have known Mrs. Grieves from 18 to 20 years, since she was quite a little girl, as Mrs. Wilkinson, and by no other name, always by that—she has been with Grieves a little over two years I think, before that I have seen her in the fish shop with a man named Bryan. CHARLES DREW ( Policeman ). About 9 o'clock a.m. on 7th January I went to 16, Moor Street, Soho, with Partridge and Enright—they went upstairs, and left me with the female prisoner and Parker—she said "I feel so queer, I want to go into the back yard"—she put her two hands in front of her on her stomach, and said "May I go?"—I said "Yes"—she went to the cupboard, and when she left, the door turned to the right and went towards the back yard—she was out two or three minutes, and when she returned into the parlour she said "I want to go into the shop to speak to the man to tell him about the orders, may I go?"—I said "Yes, you can go and speak to the man"—she went into the shop, I looked through the window, she walked towards the door of the shop, and then I noticed she had something projecting from underneath her apron—when she got to the street door she turned to the left, and I walked through the shop; as I got to the street door she was just about, to enter the door of the next house, and as I got about two yards from her she turned her head and saw me, and she took her hand from under her apron, and put her hand round the door—I caught hold of her—she backed from the door and said "Don't go in," and tried to force me back into the fish shop—I called out for Partridge, and he and Enright came down with the male prisoner—I told Enright to look behind the door of the next house, as the female prisoner had thrown something round, and he went and picked up this piece of stick ( produced )—the female prisoner said "I did not put it there"—going back into the shop parlour, the male prisoner said to her "You have done a nice thing; why didn't you keep yourself quiet?"—on the way to the station the female prisoner said "l am very sorry I did it." Cross-examined by MR. FRITH . I called her Mrs. Grieves—I don't know that she had been in the hospital several weeks before that. JAMES ENRIGHT . I went with Partridge to take these people into custody—I found this stick behind the door—I have heard Partridge's evidence; it is correct. FRANCES BOLTON . I live at 28, St. George's Square—on 23rd Novem ber I was travelling from Paris to Charing Cross by the tidal train—this dressing bag was part of my luggage—when I got to Charing Cross and was looking for my luggage it was gone, and I never saw it again till it was produced before the Magistrate; the value of the bag is 20 l . or 25 l .; it had silver fittings and contained a handsome flask; some of the things have been taken out—my initials were on the things, and there was a cover on the bag. CHARLES WILLIAM HIDE . I keep a coffee-shop at 20, Denmark Street, St. Giles's—I was in the habit of buying fish of Grieves—four or five days or a week before Christmas Grieves came and had dinner at my place, and asked me if I wanted to buy an umbrella—I said "Yes, if you have one reasonably cheap; where is it?"—he said "Down at the shop"—I said "I am coming down to the shop this evening; I will have a look at it"—I went to the shop in Moor Street; he showed me four silk umbrellas which stood at the back of the counter; they looked new—I asked him what he wanted for them—he said "10 s . a piece"—I offered him 36 s . for the four; he took it—he came to my place to dinner next day, and I gave him the 36 s .—I had brought the umbrellas from his shop the same night. Cross-examined by MR. PURCHELL . I have known Richard Grieves two years; he used to come to my house to dinner nearly every day. Cross-examined by MR. FRITH . I occasionally take a bag or parcel in for a customer who asks to be allowed to leave it. Re-examined. I don't put it under rubbish to conceal it, but where there is most room; I don't have rubbish in my kitchen. JOHN LANGRISH . I consequence of what transpired at the police-court I searched the register of marriages; I have looked for the name of Grieves. JOHN KEEN JORNS ( Re-examined ). I should sell this umbrella ( The one produced ) at 32 s .—I cannot identify this portion of a stick. NOT GUILTY . The Jury desired that the attention of the Commissioners should be drawn to the traffic going on in Billingsgate Market. 289. RICHARD GRIEVES and ESTHER GRIEVES were again indicted for stealing a bag and other articles of Frances Bolton . MR. MONTAGU WILLIAMS offered no evidence. NOT GUILTY . 290. WALDEMAR ALKHOIN (33) PLEADED GUILTY to obtaining by false pretences from Clara Scholzig 1 l . 5 s . 6 d . with intent to defraud, and other sums from other persons with a like intent, after a previous conviction of felony.— Eighteen Months' Hard Labour. 291. CHARLES MARTIN (18) to burglary in the dwelling house of John Bell and stealing four pairs of boots and other goods. — Eight Months' Hard Labour. And [Pleaded guilty: See original trial image.] 292. DONALD GRANT (20) and CHARLES GODFREY (26) to breaking and entering the shop of Horatio Sagin and stealing therein 80 watches and 219 rings his property.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.] 293. PHILIP PRIOR (38) , Unlawfully assaulting William Rolfe , and occasioning him actual bodily harm. MR. RIBTON Prosecuted. ALICE COLLINS . I live at 47, Gayford Road, Hammersmith, with my husband—the lodgings were lot to me by the deceased, William Rolfe; he was the landlord—the prisoner occupied the downstairs floor, we occupied the top—on Saturday, 9th January, about half-past 6, I was at home—I heard high words in the prisoners room; his wife was out—I did not exactly recognise the voices—about half-an-hour after I took the rent down to Mr. Rolfe; his eye was then bleeding. By the COURT . He was a very old man, and quite an invalid—he had not been out for nearly a month—he was very infirm—he was not angry or irritable; I never heard him in the house—I did not see much of him—I can't tell what the high words were about; they were men's voices—I did not see any cut on his face; he was bleeding down the cheek. SARAH ROLFE . The deceased was my husband—he was 59 last June—on Saturday, 9th January, I went out at 12, leaving my husband at home in his usual health—I returned at 9—he was then sitting in his chair by the side of the fire—he was all of a tremble and very white, and his lips were quivering—he seemed very much distressed, and cried—I observed a black mark on his left cheek, and the skin was cut—he made a complaint, and he went to the police-station—I did not go with him—he came back and spoke to the prisoner, who is my son-in-law, and went upstairs—I followed him—he sat there some minutes talking to me before he was taken with what I thought was a fit, but he was dying; he threw his hands straight down—he died at 10 o'clock—I sent for the doctor, but not before he died—I never knew him and the prisoner to have many words. By the COURT . My husband had been in a very bad state of health for a long time—he was irritable—I had been warned that any excitement was likely to kill him suddenly—he often complained of pain in his heart—the doctor warned me of that four yean ago—he had done no work for the last two years. HENRY SAXON ( Policeman T R 39). I took the prisoner into custody at the Travellers' Rest—I told him the charge—he said "All right, I will go to the station with you; I only gave him a smack on the head, but that was about three hours ago, and since then he has been up here drinking." ROBERT FAWCETT MAXWELL . I am a surgeon—I attended the deceased for some time; he was suffering from heart-disease and gout—I saw him on this night at 10 minutes past 10—he had two contused wounds on the face, one on the outer part of the left eye, and one on the left cheek-bone, a little below the other—they might have been done by one blow, a knuckle would have done it—I had warned him and his wife some time before about his not being unnecessarily excited—I should think he was a very irritable man, the disease would make him so. Prisoner's Defence. When I went home that night he was swearing in front of my children. I told him to leave off, and he started swearing at me. I went upstairs to fetch my children down, and he tried to push me back down the stairs, and I pushed him as he went to strike me. SARAH ROLFE ( Re-examined ). The prisoner has three children; they were in the room, the grandfather always minded them. NOT GUILTY . There was another indictment against the prisoner for the manslaughter of the same person, upon which no evidence was offered. NOT GUILTY . 294. ALBERT VIVIER (26) , was indicted for a rape on Lavinia Maria Kelly . MR. MONTAGU WILLIAMS Prosecuted ; MR. CLUER Defended. GUILTY .— Ten Yeans' Penal Servitude. 295. HENRY PULBROOK (32) , HENRY KING (38) , and HENRY PHILLIPS , Robbery with violence on Thomas Langley and stealing one knife and 2 1/2 d . his property. MR. LYNE Prosecuted ; MR. GEOGHEGAN defended Phillips. THOMAS LANGLEY . I am postman at the City Arms and live at 56, Brunswick Close, Clerkenwell—on 31st January about 1 a.m. I was going home through Moreland Street, St. Luke's, when somebody seized me round the throat, threw me down, and rifled my pockets; I could not see who it was—I had 2 1/2 d . and a knife in my pocket—they left me on the pavement—I fell backwards and recollect nothing after that, until a man and a woman came and picked me up fire or six minutes afterwards—the back of my head and my throat were injured, and I am suffering from that now and can hardly speak. Cross-examined by Pulbrook. I did not see a soul either behind or in front of me—I do not know the persons who picked me up; they also picked up the 2 d .—I was going along smoking my pipe. Cross-examined by MR. GEOGHEGAN . Moreland Street runs into the City Road—I was coming down Pickard Street—there are two turnings out of the City Road, Pickard Street and Moreland Street—I am sure it was a man and woman who helped to pick me up—I am still in much pain; I suffered much pain afterwards—I had to get up next morning to go to my work. GEORGE FINCH ( Policeman G 287). On Saturday morning, 31st Novem ber, I was in Moreland Street, City Road, against the schools—Langley passed me; I then heard a scuffling on the path—I looked through the iron railings of the school and saw the three prisoners, with Langley on his back; I did not know them before—I was standing at the corner of the school, 10 yards away—Pulbrook was on Langley's right, Phillips on his left, and King at his feet—I stooped down and saw Pulbrook's hand in Langley's right hand trousers pocket as he lay on his back—he was sober; he made a funny gurgling noise, and I walked towards him—King passed me about two yards from him—the school is at the corner, with rails running all round—I went about three yards farther, and Pulbrook and Phillips then left Langley, and I heard some money fall on the pavement—Langley called out "Police, they have robbed me"—I blew my whistle—I took Pulbrook about 40 yards away—the other two ran away—I saw a constable in front and told him to stop them—he stopped them in the same street—I never lost sight of either of them—I picked up this halfpenny where the robbery took place—I found this knife in the doorway where I took Pulbrook—they were taken to the station, where they said they were honest men going home. By the COURT . The rails go to a sort of apex, and I stood round the corner and saw through the double rails—the street is not above 200 yards long. Cross-examined by MR. GEOGHEGAN . Moreland Street runs into the City Road, the other end is Goswell Road; Pickard Street and Mason's Place run into Moreland Street, and persons could come either from the City or Goswell Roads from where I was standing—the schools are at the corner of Mason's Place, I was standing in Mason's Place—Langley was lying on the same side as the schools, opposite the railings, about ten yards from me, his feet were towards me—306 G and 86 G helped to take the prisoners to the station, 306 G is not here—I told the inspector in the hearing of 86 G that I was ten yards away—Pulbrook was arrested 40 yards from the spot; 86 G came from the City Road end—I found 6 s . 1 d . on Phillips; his master, Mr. Hinton, is here; he is a respectable man as far as I know—Phillips gave his wrong name and address at the station, he lives in Saffron Hill; 86 G took him to the station. Re-examined. He gave his name "Henry Gale, 66, Saffron Hill," that is where he lives now, but he lived then at 3, Saffron Hill—I have no doubt about Phillips, I saw him on Langley's left side on the ground. THOMAS BUTLER ( Policeman G 86). On the morning of 31st January I was at the corner of Macclesfield Street, about 70 yards from Moreland Street, and heard a policeman's whistle; I went in the direction of More land Street, and saw King and Phillips walking hurriedly towards me—constable shouted "Stop those two men" and I took them both—Finch then came up with Pulbrook in custody and said they had knocked an old man down and robbed him; King said, "I have done nothing," and Phillips said, "I have done nothing"—another constable came up and they were all three taken to the station. Cross-examined by MR. GEOGHEGAN . Police Constable 306 G came up two or three seconds after I had taken them in custody, I can't think of his name, he took Phillips to the station and I took King—Inspector Bonner was on duty at the station, I did not hear Finch tell him a story, I heard the charge booked; the inspector did not ask Finch any question particularly, he said, "I charge these three men with knocking an old man down and robbing him"—these three men were in the dock about ten minutes before they were taken down into the cells, during that time the inspector was writing down their names and addresses and the charge against them—Finch did not, I believe, say that he was ten yards away or that these men were taken 40 yards away; he said he was watching them; the other constable did not attend the police-court—Moreland Street is close upon half a mile from the station—I did not hear Phillips explain to 306 G how it was he came to be there: while going to the station, they were just in front of me; I can't say whether he gave his account to the constable—it is not usual always, when three constables take three prisoners to the station, to call all three to give evidence—we have heard since that at the time Phillips was taken, his mother was seriously ill; I don't know that he did not give a correct address for fear of frightening her—he has been admitted to bail—I have seen him several times before but have not taken particular notice of him, I have never seen him with the other two prisoners—Macclesfield Street is about 150 to 200 yards from the schools. THOMAS LANGLEY ( Re-examined ). This is my knife which I lost—my difficulty in walking is not due to this attack, I limped before. The Prisoners' Statements before the Magistrate. Pulbrook says: "The constable has taken a false oath, I am an innocent man coming from my work. "King says: "I have nothing to say. "Phillips says: "I am not guilty." Pulbrook and King in their defence asserted their innocence. PHILLIPS received a good character. — NOT GUILTY . PULBROOK and KING — GUILTY . They then both PLEADED GUILTY ** to previous convictions of felony at Middlesex Sessions, Pulbrook on 24 th March , 1879, in name of Henry Wood , and King on 13 th October , 1879.— Five Years' Penal Servitude and 25 strokes each with the cat. 296. WILLIAM GRAHAM (21) , Robbery with violence on Peter Ruth , and stealing a watch-chain and 2 l ., his property. MR. GRIFFITHS Prosecuted. PETER RUTH . I am a milkman, of 80, South Street, Camberwell—on 19th January, about 8 p.m., I was in King Henry Street, Whitechapel—I had a sovereign and a half sovereign, and I put 10 s . in my pocket before I went out, besides some odd shillings—I was wearing a silver watch and chain, value 6 l .—five persons came up to me, the prisoner was one—he shoved me down in the gutter, and with the other four came on top of me, and the prisoner snatched my watch and chain and ran off, while the other four held me down and took all the money I had—on February 4th I went to the police-station and saw 10 men standing together, and picked out the prisoner—I was much hurt, and was obliged to keep in bed three days—as I ran after the prisoners one of them threw me down and hurt my stomach and bruised my knees, and I was not able to walk for a fortnight or leave the house—that was not the prisoner, but he knocked me down first and hurt me much, and I was stunned. WILLIAM ROLFE ( Police Sergeant H ). On 19th January, about 4 p.m., I saw the prisoner in Whitechapel Road, near King Henry Street, with four other men well known to me—I received information of this robbery and a very good description of the prisoner on the same day, and was looking for him from then to February 4th when I took him, and told him I wanted him for being concerned with four others in knocking a man down in King Henry Street and robbing him, he said "I will go quietly"—he was placed with ten others at the station, and Mr. Ruth picked him out without any difficulty. Cross-examined by the Prisoner. I said I wanted you on suspicion of a robbery, and conveyed you to another constable and asked him to assist me in taking you to the station. The Prisoner called MICHAEL HENNESSEY . I am in the boot and shoe trade at 699; Commercial Road, and Salmon Lane, Limehouse—the prisoner came into my employment between 1881 and 1882, and was with me three years—during that time I found him strictly honest, and a hard-working and persevering lad—he left my employment 12 months since—I have met him since, when I have been going to get my leather, and he said he was in the boot trade. Cross-examined by MR. GRIFFITHS . He did not live in my house; he was employed by me from 9 a.m. till 10 p.m.; I know nothing of what he did after that—I do not know that his associates, Taffey, Driscoll, and others, are now awaiting their trial for robbery with violence—I do not know that he is a general associate of thieves. Witness in reply. WILLIAM ROLFE ( Re-examined ). I have known the prisoner for two years as an associate of the worst class of thieves in the Commercial Road—the men who were engaged in this robbery are now awaiting their trial at the Middlesex Sessions for stealing a watch from a person outside the Gaiety Theatre—they would have been here if the prosecutor could have identified them—I have not known of his doing any work for the last 18 months. The prisoner, in his defence, asserted his innocence. GUILTY . 297. WILLIAM GRAHAM was again indicted, with WILLIAM TAYLOR , for robbery with violence on John Symons , and stealing a watch and chain and 5 s . in money, his property. MR. GRIFFITHS Prosecuted. JOHN SYMONS . I am a dealer, and live at 11, George Street, Brick Lane—about 11.30 p.m. on 31st January I was in Mile End Road, wearing a gold watch and chain with a crown piece attached, value altogether 6 l .—a man came up and pretended to be drunk—he went just in front of me and struck me in the chest with his fist, and lifted me up off my legs and knocked me down, and then another man tumbled upon me, and another man who was amongst them, not the prisoner, stole my watch and chain—I saw the two prisoners there—the police came up and took the man who was upon me—at that same time I heard the five-shilling piece fall on the pavement, and the constable picked it up—the man is not here who fell on me—as soon as he was taken, a man said to another "Give him a goffer," and one of the prisoners came up and struck the constables on the head and knocked them both down, and the man they had in charge got away—on 4th February I was sent for to the station, and saw a number of men standing together, and picked the two prisoners out as two of the men who were with the men who assaulted me—I did not see them take any part in it—I was hurt in my back—I am not well yet. Cross-examined by Graham. I saw you with the man that stole my watch; you had different clothes on then to what you have now—the constable told me the meaning of goffer afterwards—I don't know whether you meant the goffer for the policeman or me—I picked you out from five others, one of whom was a detective—I saw the lot of you there, there were about 30 of you. BENNETT WOOLCOCK ( Policeman K 315) I was on duty in the Mile End Road on Sunday night, 31st January, and heard a man calling out—I saw Mr. Symons on the ground, rolling and struggling to get hold of a man—I caught the man, and he threw from his hand this 5 s . piece and piece of chain on to the pavement—the prosecutor identified it—I saw Graham about 5 yards on—Symons said "I shall charge this man"—as I was going with him towards the station, just as we got to a coffee stall, Graham called out "Hop him, give him a goffer" —a large crowd was round the coffee stall—I then received a blow on my left shoulder; I looked round and saw Graham running away—some one then on the other side said "Take his stick," meaning my truncheon—when we got close to the Foresters' Music Hall the other constable was struck on his back and knocked down, and some one struck him on the head—Graham and Taylor were there—I picked Taylor out at the station from eight others—as we crossed the road I was thrown down twice, and stones were thrown freely—I have a mark now—I was thrown down with a prisoner, and as I got up I was kicked, which doubled me up—the prisoner was taken from me. Cross-examined by Graham. I did not see you again before I took you—I looked in the Star and Garter public-house, but didn't see you—you had the same clothes on on this Sunday night as you have on now, but a different tie. EDMUND HALLINGS ( Policeman K 450). On Sunday, 31st January, I was on duty with Woolcock in Mile End Road, and heard cries of a man as in distress, saying "You have got my watch"—I went up and saw Mr. Symons on the ground; as we got near him the man got on him and came towards us, and threw this 5 s .-piece and piece of chain on to the pave ment—I picked it up and put it in my pocket, and took him in custody—we then walked on towards Cambridge Road; we were surrounded by a regular mob—I saw the prisoners there, and heard Graham say "Let us upset the s—"—one or two in the crowd then said "Let us pull his stick out" meaning my staff; so I pulled it out myself—when we got to the corner of Northampton Street we were set on by 20 or 30, and I was knocked down—I tried to get up, but Taylor and five or six others kept knocking me down, and Taylor giving me the boot behind—I received a severe out on my forehead, and am still on the sick list—I cannot say whether Graham struck me—I lost my prisoner—I am quite clear Taylor is the man who treated me in that way—I saw my prisoner running away between Taylor and another man; I tried to follow, but was too much exhausted. Cross-examined by Graham. I did not recognise you at first sight at the station, but you tapped me on my shoulder and said, "All right, old man, I am very glad you have not recognised me"—I did not walk down seven times without recognising you, only once. Re-examined. I am quite clear he is the man—I did not see either of the prisoners before this attack was made—I got up to Mr. Symons about 11.5. JOHN SYMONS ( Re-examined ). This crown, and piece of a chain, are mine, Taylor's Statement before the Magistrate. "I do not know this man, I was at home on Sunday night before 11 and in bed." Witnesses for Taylor. EMMA TAKEN . I live at 121, Ernest Street, Stepney—my husband works at the docks—the prisoner is my son, his proper name is Taken, not Taylor—he was in bed by 10.15 on Sunday night week. Cross-examined by MR. GRIFFITHS . My landlady was in the house as well, it is not far from Mile End Road, it would take me about ten minutes to walk there—I cannot account for his giving the name of Taylor—I went to bed at the same time as he did; we live downstairs and have got two rooms, he does not sleep in the same room as I do—he wished me good night, I saw him in bed because I went to see that the door was shut—he can go from his room into the street from the back door. By the COURT . I looked at the clock, it was between quarter and 20 minutes past 10 when he took off his boots in the front room and wished us good night; we have two rooms. MARY ANN FULLBERG . I am married, and live at 121, Ernest Street, White Horse Lane, and am a boot and shoe machinist—I know Taylor was in from 10 to 20 minutes past 10 on this night, he keeps good hours—my rooms are above theirs and I heard him wish his father and mother good night and shut his room door. Cross-examined. My husband was there and heard it too, I suppose—he and Taylor's father are not here, they were here the other day—this was 20 minutes past ten—Mrs. Taken said something to me just now as I came into Court, about a quarter past ten, but I don t know that I was to say that time—I know it was that time because she went round to my sister's at 20 minutes past eight, and before she came back he came to the door and spoke to my sister—I have got a clock but I didn't look at it—it would take me about a quarter of an hour to walk to Mile End Road—I have never seen Graham before—this was Sunday, I don't know what Taylor was doing on the Saturday, on the Friday he was sweeping the snow; I don't know where he was on Monday, Tuesday, or Wednes day, he was only my lodger; I am the landlady of the house—I went to bed on Sunday about 25 minutes to half-past ten, if anybody had gone out after that I should not have known it. By the COURT . I was sitting nursing my baby and having a bit of supper when I heard him close his door. Taylor's Defence. "Graham knows I had nothing to do with it, he don't know me." Graham in his defence stated that he was innocent, he was brought up on one charge and then they tried to get at many cases at they could against him, and that he did not know Taylor. GUILTY .— Eighteen Months' Hard Labour, and twenty strokes with the cat each. (The COURT commended the conduct of Woolcock and Hallings, and awarded them 3 l . each. ) There was another indictment against Graham for a like robbery. 298. ANNIE COHEN , Stealing 321 yards of silk and 49 yards of sateen, of Joseph Thornley Baxendale and others. Second Count , receiving the same. MR. METCALFE Prosecuted. RICHARD ELIJAH LUNT . I am clerk to Messrs. Akers and Company, of 2, Hounsditch—on 25th January I sent off a parcel of sateen, 370 yards, value 16 l . 4 s . 4 d ., by Messrs. Pickford, consigned to McPherson, Ross, and Company, of Liverpool—this consignment note is in my writing—this ( produced ) is a portion of the original parcel, it was not very large, silk lies very close together. GEORGE HOPKINS . I am carman to Pickford and Co., of Broad Street—on 25th January I collected a parcel of silk from Messrs. Akers and Co., Houndsditch—I then drove my van some little distance up Houndsditch, collecting goods, and missed it at about 10 minutes to 6—I at once gave information to the police. ARTHUR JONES . I am assistant to Joseph Jones, a pawnbroker, of 31, Church Street, Spitalfields—on Tuesday, 26th January, about 3.30, the prisoner came in and offered this 10 1/2 yards of silk in pledge—I said "To whom does this belong?"—she said he had bought it at Messingham's; that is a linendraper's—I said "It is no use telling me a falsehood, as it has been stolen"—I had had a description two hours before—I told her I should give her in custody, and she immediately ran out of the shop—I gave a description of her to the police. ROBERT LEAMON ( City Detective ). On 30th January at 2 o'clock I was at Bishopsgate Street Police-station, and the prisoner was brought in by Roper—I said "Is your name Annie Cohen?"—she said "Yes"—I said "On the 26th, last Tuesday, you took a piece of silk to Mr. Jones, a pawnbroker, of Church Street, Spitalfields, and offered it in pledge"—she said "Yes"—I said "On his questioning you respecting it you ran out of the shop"—she said "Well, I didn't want to get looked up"—I said "That piece of silk which you offered in pledge is a portion of a parcel stolen on the evening previous, how do you account for the possession of it? just be careful what you say, as you may be charged"—she said "I got it from a man"—I said "Who is that man?"—she said "I don't know"—I said "You surely don't pledge for any one or every one and know nothing about them; you had better tell me the truth, as I know better"—after some further conversation the was placed in the dock and charged. The Prisoner's Statement before the Magistrate. "It was a man gave it me to pawn, and I took it in to pawn; I know nothing about the robbery; he goes in the name of Barney; I don't know his other name." Prisoner's defence. A man asked me to go and pawn it for him—he gave it me outside a public-house, which is at one corner and the pawn-shop at the other. GUILTY on the Second Count She then PLEADED GUILTY ** to a conviction of felony at Middlesex Sessions on 25 th July , 1881, having then been previously convicted.— Five Years' Penal Servitude. 299. CHARLES WILLIAM DOWNES (22) and MARY AGNES COLLINS (24) , Robbery with violence on Frederick Phillips and stealing a watch, his property. MR. DE MICHELE Prosecuted. HENRY BOVINGTON ( Policeman 424 E ). On 26th January about 1.15 a.m. I was in Euston Road, at the corner of Bedbury Street, and saw the two prisoners about three yards away walking from the prosecutor, who was lying in the road on his back—I saw no one else—Downes passed within about a yard and then ran down Cambridge Street into St. Pancras Road, where I caught him—before that I heard the prosecutor trying to halloa, but I could not hear what it was, because they had got their hands over his mouth—Downes said "What are you going to do?"—I said "I shall take you back to where the prosecutor was knocked down"—he said "I know nothing about it"—the prosecutor had been drinking, but was sensible enough to know what he was doing; he said he could recognise the woman but not the man, because they knocked, him down so quick—I did not see either of the prisoners do anything to the prosecutor. JAMES PRINCE ( Policeman E 489). I was in the Euston Road and saw the two prisoners running, followed by the last witness—I took Collins—she was running with the man. FREDERICK PHILLIPS . I live at 100, St. Paul's Road, St. John's Road, Hoxton, and am a clerk—on this morning, 26th January, I was in Euston Road right opposite the St. Pancras Station of the Midland Railway—I was perfectly sensible—I had perhaps been in one public-house house—I had been to a friend's house; I cannot tell how much I had there—I never thought it would be brought before me again, and I didn't take notice—I was not strictly sober—Collins accosted me, but I do not know what she said—I was immediately surrounded by two, three, or four men, and was knocked amongst them on to the ground, and my silver watch worth 3 l . taken—I had money on me, but they had not time to take that—I do not recognise Downes—I complained to Bovington, who was in plain clothes. Cross-examined by Downes. I was not struck, I was simply pulled to the ground. Cross-examined by Collins. I lost my spectacles; I did not charge you with stealing them—I did not say that I had been with you three-quarters of an hour and at another time one minute. The Prisoners' Statements before the Magistrate. Downes says: "I know nothing of the prosecutor. I had a few words with the woman, and struck her; that caused me to run away." Collins says: "I was with him three-quarters of an hour. I know nothing about Downes. I spoke to him, and he hit me. I was going home." Downes's Defence. I don't believe the prosecutor lost such a thing as a watch. I know nothing about the watch, and I never saw him before I saw him at the station. Collins's Defence. I was going home. I live in Somers Town. I know nothing about this. HENRY BOVINGTON ( Re-examined ). I noticed no other person near the prosecutor. GUILTY . Collins was recommended to mercy by the Jury. Downes then PLEADED GUILTY to a conviction at this Court in May , 1884. DOWNES — Eighteen Months' Hard Labour. COLLINS — Three Months' Hard Labour. 300. JOSEPH SHEPHERD (50) , Stealing a coat, the property of Walter Joseph Byron . Second Count , receiving the same. MR. HUGGINS Prosecuted. WALTER JOSEPH BYRON . I am a tailor, of 13, London Street, City—on 8th January I had this coat hanging up in my doorway, and shortly afterwards I missed it and reported it to the constable on the beat—it is worth about a guinea—next morning the constable came and told me something, and I went to the police-station and identified my coat—I did not see the prisoner at all. Cross-examined by the Prisoner. I lost it about 6 o'clock as far as I can remember; I presume it was 6 o'clock because I was having a cup of tea then. Re-examined. My shop is about five or six minutes' walk from Petti coat Lane. HENRY BURGE ( City Policeman 899). On 8th January, about 8.15 p.m., I was in London Street, and saw the prisoner—I had seen him before that night at about 6.30 at the top of Petticoat Lane, and I had seen him before that—from his suspicious movements I watched him—he stood at the corner of a tailor's shop, 39, Aldgate High Street, and was looking about to see if anybody was watching him—he saw me, and hurried away—I was within 6 yards of him—I watched him from 8.15 till 9 o'clock, and from what I saw him do I took him in custody, and took him to the station on three other charges—I searched him, and found this overcoat under his other coat—I said, "How do you account for the possession of this overcoat?"—he said, "That is all right, I bought it"—I said, "Where did you buy it from?"—he said, "Find out"—he was then charged with the unlawful possession of the coat—he refused to give any name—at the police-court next day he gave his name Joseph Shepherd—on the way to the police-court next morning I said to him, "I found an owner for that coat, it was stolen from outside a shop in London Street last night between 6 and 7"—he said, "That is a mistake, I bought it in Petticoat Lane last Sunday morning, I gave 12 s . 6 d . for it." Cross-examined. They would not take the charge at Bishopsgate Street Police-station because it was out of the district, and I had orders to take you to Seething Lane—I do not know whether the address you gave was right or wrong. By the COURT . I first saw him about 6.30, when I had occasion to speak to him through his pushing against a boy deliberately, and I said, "You will push against some one soon who will give you a little back with interest." The Prisoner's Statement before the Magistrate , "I deny the charge of stealing the coat. I bought it on the 12th of this month in Petticoat Lane for 12 s . 6 d ." He repeated the same statement in his defence. GUILTY on the second count. He then PLEADED GUILTY **† to a conviction at this Court in June , 1874, in the name of Joseph Tuttle , having then been previously convicted.— Two Years' Hard Labour. 301. CHARLES BORLASE CAMPBELL (44) , Stealing 20 l ., the money of Arthur De Belin and Adelaide Geraldine De Belin , his wife. Other Counts for stealing 18 l . and 38 l ., and for converting a security and misappropriating the money. MR. STATHAM Prosecuted ; MESSRS. MOYSES and PARKES Defended. WILLIAM CHARLES GALE . I am managing clerk to a firm of engineers, and live at 26, West Croft Square, Hammersmith—in February, 1885, I told the prisoner that the prosecutor and his wife required 50 l ., and he said he knew a good channel through which to get it, and that if I would bring him a promissory note made payable to him or order, and drawn by the prosecutor and his wife, he would see about it—Mr. and Mrs. De Belin are great friends of mine; I have know them for years—I told him if he could not get the promissory note discounted he was to return it to me within a week or 10 days—he undertook to do so—I gave him the note, which was, in this form: "We promise to pay Charles Borlase Campbell 50 l ."—no actual sum was fixed for commission, but the prosecutor was to have 25 l . for a specific purpose—I do not know how the balance was to be divided; it was discussed, but nothing was arranged—I gave the note to the prisoner on the 25th February—about three days after he said he had not been able to see the man who was going to discount it—I saw him again about three days after, when he made further excuses, and said he had not been able to see the man—on the following day I met him, and he told me he had a hole in the lining of his great-coat, and had lost his pocket-book in which the bill was; that a policeman had told him a man in Ironmonger Lane had picked it up, and had given his address at Dalston, and that he wished to go there but had no money to give the man as a reward—I gave him 4 s . or 5 s . for that purpose—next day I met him; he said he had recovered his pocket-book and got the bill back but had left it at home—I asked him to return it to me—I wrote him a peremptory letter—he answered that he had hunted everywhere but could not put his hand on it, and that of course he would pay on settling day, and that he was thunderstruck at the striking out of the Lambkin—the Lambkin was a horse running in the City and Suburban—I have not got a copy of my letters to him—he has made no payment to me on account of the bill—I wrote to him saying we should take criminal proceedings if he did not pay—he has not returned the bill. Cross-examined. I have known the prisoner about five years—he has never lent me money; I have lent him some—I have know Mr. and Mrs. De Belin 17 or 19 years, and have lodged with them for the last 15 years—the prisoner has known them about 18 months; I believe he has only seen them once—I negotiated the note with the prisoner and prose cutor—the prisoner was not present when it was made; it was made payable to him at his request—I am sure it was not at my suggestion—I dare say I commenced by saying my friends wanted an advance—I did not want money myself at the time—I told the prisoner I had bought furniture from Norman and Stacey, and had a deposit of 1 l . to pay—I did not say I should like some money to pay it; the prisoner said he should like some money himself—I knew his circumstances were not very flourishing—I knew Mr. and Mrs. De Belin were pressed for a certain amount, not that they were in poor circumstances—I was security for a bill of sale on their furniture; the prisoner suggested the note—I think I said at the Mansion House that I told the prisoner I must have the note back in a week or 10 days if he could not get it discounted—I believe Mr. Sarle is a friend of the prisoner's—he gave me a sovereign and said he came from the prisoner's wife—he owed it to me; it had nothing to do with this matter, I am certain—the prisoner did not appear to the summons—I may have discussed with him the getting of a loan; if he could have done it I would—I may have employed him to get a loan for me two or three years ago; I have not spoken to him since then—I never kept copies of my letters to the prisoner—I did not say in one of them that both I and the De Belins were hard up—I have had two or three trans actions with the prisoner during three or four years—I cashed a cheque for him at Hammersmith; it was dishonoured—I borrowed 10 l . about two years ago and lent him 5 l .; it was from a friend of his, but he did not help me to borrow it—my first transaction with him was a bill about four years ago for 25 l .; I think we got 8 l . out of it; that is the only other transaction I can remember—there was a bill drawn for 15 l . for the prisoner to get discounted—he returned it, suggesting a larger amount should be put on, and then it was arranged if we could get it for 50 l . I was to have the 15 l . one back; the 15 l . matter ended in nothing—that was dated about a week before the 50 l . note—the 15 l . note was returned in a week or 10 days, and the second note was given on the same terms—the prisoner repeated the terms to me, I swear that—he did not return the 15 l . note till alter he had had the 50 l . note for some days—he said he wanted money, and that we had better make the note for a larger amount—he told me he had heard a good thing for the City and Suburban, and would I put a sovereign on for him—I only bet in sweepstakes and put a little on now and then—I was once in trouble for travelling without a ticket; I went to sleep and had given my ticket up, and it was so late I could not get bail—the prisoner was my witness; he knew I had taken my ticket—I merely had to pay the fare; no costs were attached to it. Re-examined. I was to receive nothing for the bill; I was to get no commission, and was disinterested in it—there was no reason why I should keep a copy of the letters—I have lent 4 l . or 5 l . to the prisoner—I gave him express instructions as to the 50 l . bill—I went to sleep in a train and went beyond my station, and they wanted to charge me excess fare, which I refused to pay—I merely had to pay the fare when taken before the Magistrate. ADELAIDE GERALDINE DE BELEN . I am the wife of Arthur De Belen—in February last we were anxious to raise money for a private purpose—I was entitled to a reversion on my father's estate, which would shortly have accrued due; my husband has a pension—I know Mr. Gale—in consequence of what was said to me I signed a promissory note for 50 l . at three months jointly with my husband—we were to receive not less than 25 l ., but no particular sum was mentioned—we gave the note to Mr. Gale, we have never got any money; we have had an execution in the Mayor's Court—I have not seen the prisoner at all in the transaction—we asked Mr. Gale to apply for the money, but could not get a penny—the prisoner wrote two letters, one to Mr. De Belin and one to Mr. Gale, to the effect that he would call on a certain morning and explain, and if we wanted an advance he would procure it—that advance referred to a sub sequent sum, I understood. Cross-examined. I expected to be able to meet the bill at the time I made it, from a reversion which was to fall in from my father—at that time my father was alive, but was not expected to live from day to day—I had an allowance of 150 l . a year coming from my father's estate—the note was made payable with Messrs. Halyett and Company; they had some money of my husband, they drew his pension every month—the reversion yielded nothing to me, I expected to get 300 l . and got nothing—I trusted entirely to the representations made me by Gale—Mr. Cliff called on me with reference to the note five days or a week afterwards, very soon after we gave the note I told Mr. Cliff the note would be met at maturity—I told him I had been introduced to the prisoner and his wife; I heard of him from mutual Mends, but did not know him very well personally—I told him the prisoner was to get it discounted, and we were to let him have something out of the proceeds—I swore as informa tion at the Mansion House that I expected we should have the proceeds handed to us and we were to hand some to the prisoner—I heard the Lord Mayor and Mr. Gresham call attention to the grave discrepancy between my husband's information and evidence; the information was sworn by us both—there was no censure, my husband's memory is bad from paralysis—he said at the Mansion House that the prisoner was to have half, I said we were to have half—all I knew was that the prisoner was to have some of it, no sum was fixed; we wanted 25 l .—we did not know what the prisoner's letter meant. Re-examined. We had great faith in Mr. Gale, he has lived with us for 17 years. ERNEST RICHARD CLIFF . I am a money lender and bill discounter of 43, Cheapside—I have known the prisoner some time—on March 7th he brought me a bill of exchange for 50 l . dated 24th February, payable by Mrs. and Mr. De Belen on 27th May—previously to that he had asked me to lend him some money; I said I could not do so on his own security, but if he could get anybody as security for him I would, and I understood this bill was security for a loan to him—he said nothing about handing the proceeds to Mr. and Mrs. De Belen—on 7th March I gave him 12 l ., deducting 2 l . 2 s . 6 d . for interest, 9 l . 17 s . 6 d .—on 14th March I gave him 9 l . 17 s . 6 d . again, on 27th April 9 l . 17 s . 6 d .; altogether I gave him 38 l . 10 s . on the whole bill in three instalments—I took no receipts—my cheques are receipts. Cross-examined. I gave him 2 l . in cash in March, that hardly belonged to this particular amount—I lent him 2 l . as he was going away into the country; I don't think it would come into this amount—he might not have had so much as 38 l . on this bill; the payments were spread over from 7th March to 27th April, and he never had a larger sum than 10 l . 10 s . at a time; he had it in driblets—I went to see the prosecutors with reference to the note before I advanced the money; I saw Mrs. De Belen, who said her husband had known the prisoner in India, I think, and that Halyett would meet the bill—she said they had made the note for the prisoner to get it discounted and he was to let them have some thing out of the proceeds, that she trusted Mr. Campbell as her husband had Known him, and that he had promised to lend them something out of it. Re-examined. She did not tell me that the prisoner was going to give them the proceeds and that they were going to let him have something out of it, or I should not have let him have it—I cannot remember the exact words, but she said he was going to let them have some of it. By MR. MOYSES . I realised nothing from the plaintiffs—I believe the prisoner has been a captain in the army. CHARLES BRYAN ( City Detective ). On 23rd January I saw the prisoner in the Waterloo Road—I said to him "Excuse me, sir, are you Mr. Camp bell?"—he said "No"—I said "What if your name, please?"—he said "My name is Sinclair"—I said "Where do you live?"—he said "Round the corner"—I said "I believe you are Mr. Campbell, and I shall arrest you on a warrant for stealing 20 l .; unless you can show me that you are not, you will have to come with me to the station"—he said "I will be honest with you, "I am Mr. Campbell"—he said on the way "It was merely a money transaction, they wanted 100 l ." Cross-examined. Directly I told him I was a detective, he told me he was Mr. Campbell. FREDERICK DOWNES ( City Detective ). On the 23rd I read the warrant to the prisoner—he said he was very foolish not to have appeared to the summons, but they had been trying to settle the matter—he heard there was a warrant, and he intended to appear when he had sufficient means, but he did not see how Mr. De Belen could prosecute him for felony as he was a bankrupt. GUILTY . Strongly recommended to mercy by the Jury and Prosecutors. — Six Weeks' without Hard Labour. 302. CHARLES COOPER (28) , Forging and uttering an order for 2 l . 10 s . with intent to defraud. MR. GEOGHEGAN Prosecuted. WILLIAM SHERWOOD . I am a beer retailer of 43, William Street, Hampstead—early in November the prisoner gave me this advance note (this part was not torn off it then), on the strength of which I lent him 5 s .—he told me he had cashed if for his brother, a sailor—it represents 3 l . 10 s .—he said his brother would repay me three days after the vessel sailed—the vessel is the Glen Nector—he had not repaid the 5 s . ( Note read: "3 l . 10 s . three days after the ship Glen Nector leaves the downs, pay to W. Cooper provided he sails in the ship, and is doing his duty. E. white, master.") Cross-examined by the Prisoner. Yes said you would pay me in a few days; you did not pay me half a crown of it—you came in afterwards, and borrowed a half-crown—I asked you on several occasions to pay me—I understood you to say it was your brother. JAMES BISHOP . I am a greengrocer, of 76, Osnaburgh Street—on 21st November the prisoner called and gave me this seamen's allotment note for 3 l . 10 s . on the Glen Nector—he said it was payable to his wife, and this was half of a month's pay note and represented his wife's brother's pay—I lent him 15 s . on it—he said it was payable on the 16th—I afterwards met him in a public-house, accused him, and got 5 s . out of him. Cross-examined. You did not bring the money to my shop; I got it form you outside the public-house. ALBERT ROBERT THOMPSON . I am a clerk in the Seamen and Shipping General Register and Record Office, 62, Basinghall Street—I have searched the Records and can discover no such vessel as the Glen Nector for the last 10 years—the official number on this note does not apply to the Glen Nector, but to a totally different ship. WALTER REEVES ( Detective s ). I was present when this charge was taken against the prisoner—when I read the warrant to him he said "I did not intend to commit a fraud." Cross-examined. I have some certificates of character of yours. The prisoner in his defence stated that the notes were brought to him, and he said he would cash them and lent money on them, and that as he was rather short he asked for a loan on them; that he had no intention to defraud and thought that the notes were perfectly right. NOT GUILTY . 303. HENRY FLEMING (39) , Unlawfully obtaining by false pre tences from Macluff Belisle 40 l . and from Henry George Harris 242 l . 10 s . with intent to defraud, and attempting to obtain from George Melhuish large sums of money with a like intent. MESSRS. FULTON and GOODRICH Prosecuted ; MR. PURCELL Defended. MACLUFF BELISLE . I live at 26, Grosvenor Street, Camberwell, and am an illuminating draughtsman and designer—in December 1885 I answered an advertisement in one of the daily papers, and on or about 18th December the prisoner called on me, produced his card, and said, he was a manufacturing jeweller and wanted some money to execute some orders, and asked if I would advance 40 l . on the security of jewellery and a promissory note for 46 l .—he left the jewellery and the note for 47 l . with me, and I gave him 40 l . in gold, which he was to repay in a week or a fortnight I think—I think the bill was already written—he accepted it in my presence—I believe this letter of 3rd January, which I received by post, is in the same writing as the acceptance on the bill. ( The letter stated that having been disappointed in some money which he thought was coming in, he could not take the bill up for a few days; that he hoped the prosecutor was not particular for a few days, and that the matter would be right by the end of the week. Signed "H. Griffiths" ) The card he gave me had on it H. Griffiths, 12, Jubilee Terrace, Forest Gate—I went there about a week after the receipt of the letter, but did not find the prisoner there—I subsequently received the letter of 8th January. ( Regretting that owing to some severe losses he was unable to take up the bill. ) I went three times to Jubilee Terrace to try to see him—hearing no more of him, and the bill not having been taken up, I disposed of the jewellery and got 18 l . for it—he also left these two, and I think another, pawn contract with me when he originally got the money—I paid 1 l . 5 s . and 1 l . 10 s . to look at some of the things—I took one thing out of pledge, and afterwards pawned it again at the same place, losing 1 l . over the transaction. ( The COURT considered that this evidence could not be taken at proof of false pretences. ) HARRY GEORGE BENVENUTO HARRIS . I am a medical man, of 24, Westbourne Park—in June last I saw an advertisement in the Daily Telegraph , "20 l . loan wanted for one month, liberal interest, and valuable security deposited"—I replied to that, and on 30th June the prisoner called with reference to my letter—he said his name was Griffiths, of Jubilee Terrace, Ridley Road, Forest Gate; that he was a manufacturing jeweller; that he had a large order to complete, and wanted this money to help him to complete it, and he asked me for the loan of 20 l . for three weeks or a month—he said he should make a large profit out of the transaction, and if I would oblige him he would give me 7 l .—I agreed to lend the money conditionally on seeing where he lived—I went to 12, Jubilee Terrace, Forest Gate, and found he was living in a small house—he had sundry jewellery about—he said that he lived there, and showed me two receipts for his rent for the Christmas and March quarters; he said the June quarter would be paid in due time—I saw no manufacturing of jewellery going on—I asked if the furniture was his; he said "Yes," he said he had no bill of sale on it—I agreed to, advance the 20 l .—he gave me as security some jewellery, pawn-tickets, and a promissory note for 27 l .—I lent him the money, believing the statements he made me that he had contracts at Birmingham and was carrying on the business of a manufacturing jeweller—afterwards he came to me and said he had another order from Birmingham, and wanted to buy precious stones and other things to manufacture the same, and would I lend him 50 l .—I did so, and he gave me as security more jewellery, pawn-tickets and a promissory note for 60 l . 10 s . at 14 days—he then said, "I forgot to show you my workshops"—I said, "I forgot to ask for them"—he said, "I will show them on another occasion"—afterwards he came to me again—in all I advanced him 242 l . 10 s .—in July he gave me a promissory note for 300 l ., amalgamating all the sums together—I made an appointment to meet him on 21st July at the Haymarket Stores for the purpose of receiving the 310 l .—he did not meet me there—I sold the jewellery, it fetched 33 l .—the pawn-tickets were worthless. Cross-examined. I have lent money in several instances; it is a trust fond, and I hare lent it for the benefit of the beneficiaries. By the COURT . I lent the money on the promissory note and jewellery and pawn-tickets, believing what he said was tone—if I had known that the prisoner was only a lodger in the house I should not hare advanced the money. THOMAS ELLIS . I live at 12, Jubilee Terrace, Forest Gate, and am the householder, paying the rates—I have been there since June, 1882—the prisoner rented the rooms from me in the latter part of April, 1885, but never occupied them—he came there in the daytime—he had no work-shop at my place—he is my brother—I saw no receipts for rent—the furniture in the house belongs to me—he had no receipt from me. GEORGE MELHUISH . I live at 5, Bennett Street, Fitzroy Square—about eight weeks ago I saw this advertisement in the Daily Telegraph. (Stating that a trader doing a larger business than his capital allotted wished for a loan, and would give ample security to ewer, and 20 per cent, interest. ) I answered it—the prisoner called on me in December last, and asked if I was pre pared to advance him any money—I said if the security was good I would—he said he would come again on Monday morning and bring the security—he came on Monday and said he was going to the Strand to fetch the security—in the meantime the police were communicated with—he came back in the afternoon and produced precious stones and rings, representing their value to be 80 l .—the police took him in custody. ALFRED ROWAN ( Police Sergeant E ). In consequence of a communi cation from the last witness I went at 10 a.m. on 14th December to 5, Bennett Street, where I saw the prisoner—when he left the house I followed him—he returned at 4 o'clock, and I arrested him in Mr. Melhuish's room—I told him I was a police officer, and should detain him till the goods had been valued. GUILTY .— Eighteen Months' Hard Labour. 304. ROBERT BELL SALISBUBY (31) , Unlawfully carnally knowing and abusing Miriam Mero Cordery , a girl under the age of 13. MR. MONTAGU WILLIAMS Prosecuted ; MR. GEOGHEGAN Defended. GUILTY .— Fourteen Months' Hard Labour. 305. ROBERT PARK WELSH (22) , Rape on Emma Jane Walters . MR. MANTAGU WILLIAMS Prosecuted ; MR. KEITH FRITH Defended. GUILTY .— Seven Years' Penal Servitude. 306. HENRY BREWER (26) PLEADED GUILTY to a burglary in the dwelling-house of Henry Hanenberger , and stealing a watch and chain and other articles.— Ten Years' Penal Servitude. There was another indictment against the prisoner for arson. 307. ULRICH ADOLF WEGENER (28) , Embezzling and stealing the sums of 50 l . 300 l ., and 75 l ., received on account of Arthur Ellis Franklyn , his master. MR. GRAIN and MR. TICKELL Prosecuted ; MR. WILLIS , Q.C., and MR. FULTON Defended. EDWARD HANCOCK ( City Detective ). I met the prisoner at Gravesend, and he was handed over to me by the police authorities on board ship—he said that he had seen the warrants before in Hamburg, and knew their contents. JOHN HENRY HERARD . I am one of the firm of Burnand and Co., stock brokers, Lombard Street—on 13th April I sent a cheque for 51 l . 12 s . 8 d . to Messrs. Keyser and Co.—there was no letter; it was handed to them, or given to their clerk, in exchange for some bonds—they have, I suppose, credited me with the amount. Cross-examined. This ( produced ) is the cheque—it was brought from Martin and Co. and paid to Messrs. Keyser's account, and bears their stamp across it; that shows that it has been through Martin and Co.'s bank—we number our cheques consecutively—this is No. 950—we put the number in the customer's part, not in the body. FRANCIS WOLKMAR . I am one of the firm of Marcus and Volkmar, bankers, Berlin—I wrote this letter, and this bill was enclosed—it was acknowledged on the 30th. Cross-examined. We have been credited in our account with Keyser and Co. with this 300 l . ALFRED BINDER . I am manager of the Discontor Co. of Berlin—I wrote this letter dated 11th June, 1885, and among other remittances I enclosed this cheque for 75 l . to Messrs. Keyser—it must have been enclosed—I did not enclose it myself—I recognise it—I got this acknow ledgment by this letter, with this slip attached initialled by the prisoner: "75 l . cheque, London; when this bill or cheque is paid, kindly return these notes to us, U. A. W." Cross-examined. We have been credited in our account with Keyser and Co. with the 75 l . under date of the letter of 13th June. ARTHUR ELLIS FRANKLIN . I am one of the firm of A. Keyser, bankers and money-changers, &c., 21, Cornhill—we are not members of the Clearing House—we act among our numerous friends and correspon dents, as bankers, we open accounts with them—the prisoner came into our service on 11th August, 1879; that is the date of his guarantee—there was a guarantee of 1,000 l . up to the time of his father's death, since that it is valueless—he was corresponding clerk—he is a good linguist—he opened an account with us in his own name—a gentleman in our business having left, the defendant inquired if we had any objection to his making commissions, and increasing his income by obtaining com missions from friends for executing orders in investments in Stocks—we did not object; that was in his hours—I understood that he was investing money for friends abroad—all the members of our firm are invariably away for worship on Saturday; there are three of us—Mr. Perugini is the confidential and chief clerk—he would open letters on Saturdays, and so would the defendant, but on other days of the week the usual course is that some member of the firm opens the letters—when the prisoner opened them he would initial them when he had finished them, to show that he had handled them—we keep debtor and creditor accounts with all our customers—this ( produced ) is called "No. 8 Black Book," that is the first book in which any entry is made of remittances received by the firm—it would be the prisoner's duty, in the first instance, if a letter came with a remittance, to enter in this book the name of the customer from whom the remittance comes, and the amount remitted; he would then make out a yellow credit slip and hand it to another gentleman who keeps the ledger account, and who enters from the yellow slip the amount shown on it to the credit of the person indicated as the remitter, first in the journal and then in the ledger—the black book and the yellow slip are the foundation of all the entries of remittances in the journal and ledger—at page 147 of this book I find an entry, "U. A. W. 50 l ., April 13th," in the prisoner's writing—any credit to Messrs. Burnand and Co. of 51 l . 12 s . 8 d . would be recorded in this book as having been paid in on that day, but I find no such entry—this cheque for 51 l . 12 s . 8 d . which has been put in has not been received by the firm—it ought to have been entered on that day to Messrs. Burnand's credit—this item of 50 l ., and this 1 l . 12 s . 8 d . just underneath, are in the prisoner's writing—I find here "U. A. wegener dis" (which means "Disconter Company") 50 l .—at page 166 I find 300 l . on May 1st, and an entry "Credit U. A. W. 300 l .," against which is written "Notes, Brown"—I do not know what "Brown" means—I find no entry on that day to the credit of Messrs. Marcus and Volknar for 300 l .—we know now that Mr. Volknar did remit that bill on the Credit Lyonaise for 300 l . and it ought to have been credited by the prisoner—this credit slip for 300 l . "U. A. Wegener" is in the prisoner's handwriting, and at page 206 I find an entry to his credit of 75 l . "L.&W."—that indicates a cheque on the London and Westminster Bank—the meaning of that would be that Wegener had paid in 75 l . by means of a cheque on the London and Westminster Bank to go to his credit—I find no credit for 70 l . that day to the Disconter Company—they ought to have been credited with that amount that day—the Company paid that 75 l . in July, after we had rendered our account to the end of June—an application came from them about the omission—we had to pay them that after the prisoner had left—this discount slip "U. A. W. 75 l ." is in the prisoners writing—I find in the ledger on 15th April that Wegener is credited with 50 l . in due course, and on May 1st his account is credited by remittances 300 l .—on 17th June his account is credited with 75 l ., but it is entered on the 18th—there would be a delay in the post—on 16th April here is an entry "28,283" for 100 l . drawn out—on 30th April I see that two cheques were paid in—the account was overdrawn—the paying-in slip is dated May 1st, and this account is April 30th—the account was overdrawn at that time, but the cheque might have been paid. ( A number of drafts by the prisoner were read, from 15 th to 25 th June, amounting to 89 l .) That last entry entirely closed the account; it is exactly even. ( MR. WILLIS objected to any entries made since the prisoner left the service. ) I did not keep the account myself—he drew out everything—there is no balance to his credit—the amount he drew out represents the sums paid in on the other side—this letter and envelope ( produced ) are both in the prisoner's writing—here it a paragraph in which he says "There are 4,560 l . according to my books, but in the first books they amount to over 5,000 l ."—we hare inspected our books and find that it is the figure he puts it at and more—we discovered 4,700 l . and something—we use Martin's for the purpose of passing cheques through the Clearing House, and for changing dirty notes into clean notes—bankers always deal in clean notes—we do not reissue any cheques which we receive—we use Martin's for the drawing account as well—we have an ordinary banking account with them—it would be the prisoner's duty to pay in the different accounts to them which he received, but not giving any names—these three slips were made out by him—the first is April 15th; and among other items appear 51 l . 12 s . 8 d . paid in under the heading of "Drafts payable in London"—that is Burnand's cheque—this "50 l ." would refer to the yellow slip, and "1 l . 12 s . 8 d ." to the Disconter—Martin's paying in slip does not correspond with the yellow credit slip as to Burnand's cheque—one is 50 l . and the other 51 l . 12 s . 8 d . Cross-examined. This 51 l . 12 s . 8 d . from Messrs. Burnand's passed into our account with Martin and Co., and we have had credit for it in their accounts—the prisoner had not authority to sign our name per procura tion —he had authority to endorse cheques on certain occasions, jointly with another clerk, Belgina, or in his absence with Mr. Evingham, and I know that the 300 l . in notes which came from Glynn's in respect to the Credit Lyonaise bill, passed into our account at Martin's to the credit of Keyser and Co.—we have been credited with it in our account with Martin's, and in the same way with respect to the 75 l . obtained from the Alliance Bank—I have an account with Martin as an individual, an ordinary banking account—the 51 l . cheque passed from our account, and has been paid to the credit of my account, and also the 300 l . and the 75 l .—the prisoner is debited in my account with moneys which he received from the firm—the cash 2 l . and 3 l . he would get from the cashier, but it would be charged against him in the cash-book and posted to his ledger account—the items marked "cash," are those which he would get from the cashier—he asked for the money, and it would be paid him without the presentation of a cheque, but he would sign for it—he would ask the cashier for it, and a slip would be prepared con taining the amount, which he would initial; that would constitute the evidence of his receiving the money, and be the basis of debiting him in the cash-book, and finally posting in the ledger—all the cash entries which have been read this morning were paid to him in that way—he sometimes drew cheques upon us when he wanted money; we have our forms; this ( produced ) is one of them—he would draw this "A Keyser and Co., pay myself or order 20 l . 16 s . 8 d ."—I should think when he drew cheques it would be to pay away to somebody else, and not to be cashed by our cashiers, but it would pass through some bankers and come back to us to be cashed—he drew cheques on us which he paid away, and which circulated like any banker's cheques—sometimes he would fill up a cheque himself on Martin's, and bring; it to us, and if we approved of it we should sign it, and he would pay it away—he has had a large running account with us to the extent of thousands a month, and it was sometimes overdrawn—we were not aware of that, but I am aware of it now—it was overdrawn 500 l . odd on 30th April, 1885, if the book says to—on page 336 he hit debited with 1,872 l . and credited with 81,934 l .—the largest item in May is 1,051 l . 5 s . 10 d .; that is on the 14th May; that amount was paid by his order to our stockbroker for Stocks—the entry is in the stock journal which is in use to-day. ( The book was sent for. ) I have Messell's account in the ledger; he is our stockbroker—I can't tell whether this simply charges his account and credits Messell with the amount in our books, as it is made under hit instructions by the clerk who keeps the accounts—I do not suppose there was any cheque drawn in Wegener's favour or by him for this 1,000 l .—I am sure he did not overdraw on us for 1,051 l . 5 s . 10 d .—when I say he was indebted to us, that is by striking out from our account with him these items with which he has been improperly credited—we hare here "Loan and interest 100 l . 4 s . 2 d .," at the end of April—I dare say one of my partners found out the defendant's account was overdrawn, and instructed that entry to be made—we allow all our clerks interest on their savings, but this is interest charged to him, his account being overdrawn 500 l .; that would make 600 l . which he had, over and above any credit—you have pointed out to me what I had not noticed before—this is in Mr. Logan's writing, the bookkeeper; he would not know that the prisoner was having this cash and drafts; the cashier would know it—at the end of May the defendant had 70 l . to his credit—the instructions were to allow him interest—we have looked to see how his account stood, and he was once told that it was over drawn, and I hear now that it was frequently overdrawn—transactions to a very large amount were taking place, and have done so for years past—I have been a partner since 1878—this book for 1883 shows the total amount of business transactions done with him, debit and credit 51,800 l ., and there is a balance to his credit of 1,096 l .; that is the clerk at a salary of 250 l . a year—in the first three months of 1884 it amounts to 50,306 l . 4 s . 7 d .; that is his own private account—I believe my firm have had transactions in Stocks with him; our transactions with him are all recorded—I believed at the time that they were investments; I do not believe it now—the transactions were very large. Re-examined. I was informed that the prisoner had occasionally received commissions for the purchase and sale of stocks for friends abroad—he gave some addresses but no names—I occasionally required Denver Bonds—I ascertained that he held some of them—we had in structions to buy some, and knowing that he had some we allowed him to have the benefit of it, and now and then we have asked him to buy something for us, but we have made absolutely nothing oat of it—here are a number of the defendant's cheques for 20 l . 16 s . 8 d .; that was the amount of his monthly salary—he represented when he came that he had money of his own—I know that his parents are fairly well con nected and well off—he did not tell us at the time that he intended to deal in Stocks for his friends, but he did afterwards, and it was generally understood between us—when these amounts have been drawn out, the sums into which we have been inquiring have been drawn out by the prisoner as well as many other sums which I have mentioned, and we are deficient 4,700 l . in consequence of these entries. CHAS. EDWARD PERNGINI . I am confidential clerk to the prosecutor—I remember the prisoner leaving under notice about the end of June—I received this letter from him about 29th July, it is dated July 14th; I handed it over to the principals, it has the London post-mark. Cross-examined. I believe the prisoner had transactions with Messell and Co. on the Stock Exchange, conducted in the name of Keyser and Co., No. 2 account; I do not know the amount pro fortnight. ARTHUR ELLIS FRANKLIN ( Re-examined ). The contract is marked No. 2, it is concerning the orders given for the purchase and sale of securities given by the prisoner for his own accounts, to a certain extent with our consent—we found that he would persist in dealing on the Stock Ex change without our knowledge, and in order to keep control over him and to do as we thought our duty, we told Messrs. Messell that any order we grave in our office they might do, sending the contract marked No. 2 so that it might not be mixed up—they are our stockbrokers—we had remonstrated with the prisoner prior to that for speculating on the Stock Exchange, and he begged to be allowed to wind up pending affairs, and either at that time or shortly afterwards promised, that he would not make use of it for his own account—I said, in order to wind up the out standing matters you shall deal with our stockbrokers, and we will open a separate account, so that we shall have supervision over you—that is the whole history of No. 2 Messell's account; No. 1 Messells account is our own transactions with them—when it came to our knowledge that the prisoner was speculating we remonstrated with him, we have never speculated with him or gained any profits of any kind whatever. Cross-examined. We did not know that he was speculating on the Stock Exchange before we allowed him to use our name: and then because he had been speculating on his own account, we insisted on his doing the trans actions in the name of Keyser and Co.; he gave the orders both for buying and selling, they should have been in our presence but they were not always so—Messells sent to us all the accounts in relation to the in structions we told them to carry out; we asked for the details, they sent in our account by itself and his by itself—here is 8,000 l . on each side of the account, that seems to be carrying over, not business done for a friend—he continued these speculations on the Stock Exchange after he had liberty to use our name and deal with Messell's, because he managed to intercept the contracts, and my partners never managed to see them—our clerk paid Messell's the amounts—the items on No. 2 account are debited to No. 1 account and paid by us, they were paid out of the account. Re-examined. We had remonstrated with the prisoner about the specu lations before No. 2 account was opened, if he really had the money to buy we should not have objected to his speculating—it is not the fact that we have sanctioned any speculations by him on the Stock Exchange, if a man buys a thing and has the money to pay for it that is not specu lating, but if he has not the money it is—before No. 2 account was opened we understood that all the transactions were either that he had the money to pay for them or to wind up the whole affair—we did not discover that he had speculated without means of his own, contrary to our knowledge—we have received a number of letters from him in which he promises not to do it again. EDWARD CONSTANTINE . The Credit Lyonaise bank with Mills and Co.—this cheque was presented to me at the counter on 30th April, 1885, and I gave the person presenting it these two Bank of England notes for 200 l . and 100 l . GEORGE ERNEST TIMPSON . I am clerk to Martin and Co., bankers, of Lombard Street—on May 1st these two notes for 200 l . and 100 l . were paid in among other slims, and on June 17th three notes, for 50 l ., 20 l ., and 5 l ., were paid in to the account of Keyser and Co—this cheque for 57 l . 12 s . 8 d . was paid in, to the account of Keyser and Co. on April 15th under the heading of London drafts. CHARLES JOHN WILLIAMS . I am a clerk in the Bank of England—these notes for 200 l ., 100 l ., 50 l ., 20 l ., and 5 l . were paid into the bank by Messrs. Martin. FRANCIS JOHN FINN . I am housekeper and messenger at the prose cutor's office—I recollect the prisoner leaving in June, 1885—shortly prior to that, he said on one or two occasions, that if I could find his cancelled cheques he should like to have them before he left—I looked up the whole of them to the date of his leaving, and gave them to him. MR. WILLIS submitted that there was no evidence of the prisoner having committed either larceny or embezzlement of the three sums mentioned in the Indictment. The prosecution must show not only that there was a general deficiency, but that he had stolen or embezzled those precise sums of money, whereat he had not appropriated a single shilling of it, as he paid the three sums in due course to Messrs. Keyser's account at Martin and Co.'s, who had credited them to Messrs. Keyser. He had certainly put a name in the books at that of the persons paying the money, who had not done so, and to got credit for sums which he had not paid, and which went to reduce hit account, and to had falsified the books, but that was not larceny. MR. GRAIN contended that the prisoner had stolen not the cheques, but the three amounts in question; he received the cheques, and entered the amount to himself, instead of to the drawers of the cheques, and to obtained credit for money which he had never paid to hit own account, and although he had paid it in to hit master's account, he drew it out afterwards, which was the same as putting his hand into the till and taking the money. (See Rex v. Hammon, Russell and Ryan's Crown Cases, page 221.) The COMMON SERJEANT left it to the Jury to say first, whether the prisoner's intention was permanently to deprive the owner of hit property. Second, whether, there being no actual taking, but a constructive taking only by the prisoner putting his initials against the amount, he was guilty of embezzlement or larceny. NOT GUILTY . ( See page 410.) 308. WILLIAM ROBINSON (25) , Burglary in the dwelling house of Arthur Webb , and stealing a macintosh coat and other articles, the goods of William James Hiley , and a coat the goods of Webb. MR. WILSON Prosecuted. WILLIAM JAMES HILEY . I live at 6, Mile End Bow—on 2nd February, at 11.30 p.m., I was sitting in my kitchen when the landlord made a communication to me, and I saw the prisoner walking out at the door—I followed him—he dropped these things, I did not stop to pick them up, but chased him up the street, they are mine—the house was shut up. JOHN GOODBAN ( Policeman K 48). The prisoner was given into my custody on February 2—he said the prosecutor had made a mistake, that he was walking down the street when he was collared—I made him take off his boots, and found in the prosecutor's garden footprints corresponding exactly with them, they had round nails and Black's patent protectors. GUILTY . He then PLEADED GUILTY to a conviction of felony in July , 1885.— Twelve Months' Hard Labour. 309. JULIA BARRY (18) , Unlawfully wounding William Richards , with intent to do him grievous bodily harm. MR. WILSON Prosecuted ; MR. KEITH FRITH Defended. ELIZABETH KENNEDY . I am a hawker, and live at 45, New Peter Street—about 11 p.m. on 4th February I was in the Admiral Nelson, where a "friendly had" was going on—I heard screams, and looked and saw a man named Lennard bleeding from his eye—the prisoner was standing near him with her sleeves tucked to her elbows, a knife in her left hand, and an iron similar to this in her right—I saw her strike Richards 10 or 12 times, he cried out; I saw no one else strike him. Cross-examined. The prisoner once aimed two pint pots at me and hit my little girl—I never quarrelled with her; I did not say I would make it hot for her—I got a summons against her and forgave her—I saw no fighting in the street between the men, I saw Mrs. Dale there—there was a crowd of about 30 people, I did not see the men come out of the public house, I did not say that I did before the Magistrate. WILLIAM RICHARDS . I am a stoker of 23, Isabella Street—on the evening of 4th February I had been to a "friendly lead" at the Admiral Nelson—I came down about 10.30 by myself and went into the street—I was knocked down and stabbed ten times by the prisoner and Murray, who used to cohabit with her—I saw a knife in her hand and a glass, I think, as well—I became senseless—I had not spoken to the prisoner before this night; I had not struck Murray that evening—I was taken to the hospital, and I remained there five weeks—I had seen the prisoner eight or nine days previous to this, I think. Cross-examined. I swear I never passed by the name of Dale, I go by the name of Dakin—I was once convicted of assaulting the police—I am a stoker in the South Metropolitan Gasworks; it is six or seven months since I worked there—I was never a fighting man; the scar on my face I got by falling down—I have known Lennard a few years, I do not know him by the name of Furchuff; he is not a fighting man—I am positive Capps did not bring in Lennard to fight on this night—we were all three at the Admiral Nelson together. WILLIAM AXFORD . I am surgeon at Westminster Hospital—on the evening of 4th February the prosecutor was brought there bleeding freely from several wounds about his head and neck of various depths and from 2 1/2 to three inches long—one wound divided his lower lip; there were lacerated wounds on different parts of his head—the wounds had been caused by a sharp instrument—there was also a contusion on his knee. Cross-examined. I don't think this piece of iron could have done it—the superficial wounds might have been caused by a fall, and the others possibly by broken glass—I believe the prisoner was admitted to bail in 5 l . by the Magistrate. WILLIAM CUSSENS ( Policeman ). On 6th February I charged the prisoner with stabbing William Richards; she said "I know nothing about it—when I came up the fight was all over"—the iron was handed to me by Mrs. Warren, who keeps a shop two doors from the public-house, she picked it up in an area close to where this took place. Witnesses for the Defence. DALE . I am the wife of George Walter Dale, a labourer, and live at 51, Strutton's Ground—on this evening I went with my husband to the Admiral Nelson—as we came out, just outside, we met Murray and the prisoner—Murray said something, and we went to have a drink in the public-house—Richards, who I know only as Dakin, and Lennard were there—they came round to the bar we were at, and Murray said to Richards "Oh, Bill , have you come to fight me?" he said "Yes"—Murray said "Is it to be fair or foul?"—Richards said "Foul"—while talking Lennard struck him across his head with a piece of iron, and Murray then struck Dakin with a glass—that was on the threshold of the door—the men then got out, and Richards and Murray began to fight—Capps came behind to strike Murray, the prisoner saw it and ran after Capps, and when she came back the fight was all over—she screamed out "Oh, Dan!"—I am sure she had no knife and no piece of iron—the prosecutor was injured by the glass. The Jury here stated that they did not want to hear my more evidence. NOT GUILTY . 310. JOSEPH HUME (20), SARAH HEARN (18), and ELIZABETH PARIS (16) , Robbery with violence on William Arthur Small , and stealing from him 2 s . 9 d ., his money. MR. WILKINSON Prosecuted ; MR. CLUER appeared for Hume , MR. GEOGHEGAN for Paris, and MR. BLACK for Hearn. WILLIAM ARTHUR SMALL . I a am tinplate worker, of Casey's Yard, Gray's Inn Road—on 17th January, about 12.30 a.m., I was on my way home through Gray's Inn Road from Holborn, and about 100 yards up the road I met the three prisoners—Paris came on my right side, put her hand on my shoulder, and said something to me; Hearn came on the other side and put her hand in my face, scratching it, and then put her hand in my left trousers pocket, where I had 2 s . 9 d . in a little tin box—I knew it was there, because it rattled as I came round the corner—while her hand was in my pocket Hume came up and struck me with his fist; the blow stunned me, and I staggered back and fell down—when I came to I found the police there—I put my hand in my pocket, and my box was gone—I had also had a kick on my wrist—I had a good view of the prisoners, as they came towards me on the same side of the way, Hume was in the centre of the two females—they were taken into custody—I went to the police-station, where I saw the inspector on duty and the divisional surgeon—I was sober; I did nothing to either of the prisoners. Cross-examined by MR. CLUER . I did not see Hume till he struck me—I did not notice if he had a parcel, he had one at the police-station—I did not notice an umbrella—I did not see Roberts there, he followed down on my right side to the station—I had only one glass to drink that night, and that was before I left my friends. Cross-examined by MR. BLACK . I did not notice any one but the prisoners at the time, there was a great crowd when I was picked up—I do not know what Paris said to me—Hume said "That is him," or "At him," or something like that—I don't know what that was in answer to—I had never seen the prisoners before—it is a wide footpath—none of them complained about my rolling or pushing against them—at Bow Street they made some complaint about that—I did not say a word to them; I shouted "Police"—I did not push rudely past them—it lasted for about a minute—I struggled to get away, and rushed back towards Holborn to cry for police; I suppose I got back about a dozen yards and I was knocked down again, a crowd was there then—the blow came from behind—the first blow stunned me, but did not knock me down—I said at the police-court "The blow stunned me, and I knew no more," that was true—Hume struck me in the face and knocked me down—I got the blow from behind when I was rushing towards Holborn—I did not offer to resist, I ran towards Holborn—when Hearn had her hand in my pocket she did not ask me to restore her earring—I did not knock the earring out of her ear that I know of, I might have done it in pushing her away—I had no money in other pockets—I know I felt the hand inside, not outside my pocket. Cross-examined by MR. GEOGHEGAN . I was upset when I got to the station, but beyond that I remembered what had taken place—Hearn had a black eye then, and one of her earrings was gone—Paris said something about my having swung her across the pavement—I am not working at my trade of tinfoil worker now; I am with my uncle, a horse dealer, and am left in charge of the premises at Casey's Yard during his absence—I have been out of employment less than a year—my uncle gives me wages—I had not received them on this night—I had spent no money that evening—I noticed Hume behind the females; I did not think he was in their custody—a friend of mine pointed out Fulwood's Bents to me and said "That is where those people live"—I first saw Paris in custody in Holborn 300 or 400 yards from where I was assaulted—I had not seen her before to my knowledge; she only spoke to me—I did not insult her as she was waiting home—I did not call her a b—wh—, nor try to push her off the pavement—she said I pulled her about—I do not know that she said I called her a wh—; I did not insult the two female prisoners in any way. Re-examined. Hume was 10 or 15 yards away when Paris spoke to me. JOHN CARTER ( Detective E R 25). About 1.30 a.m. on 17th January I was in Gray's Inn Road, near the Holborn end, and saw Small going towards King's Cross and the three prisoners coming from King's Cross towards Holborn, about 100 yards from the corner of Gray's Inn Road, about opposite Fox Court—Dampier was with me; we were in plain clothes—Paris something to Small, and then Hume struck him a violent blow, and then Hearn put her hand in Small's trousers pocket; he was stunned but did not fall—he went off towards Holborn about 20 yards, but was caught by the two females and knocked to the ground, and they kicked him with their heels—we were kept back by a crowd of roughs who came from Fox Court—with the assistance of a police officer we took the two girls in custody—I did not see Hume again till we got to the station, where the prosecutor and I identified him as the one that struck the blow—he had followed the women to the station with a crowd of roughs, and had Paris's mantle in his hand—the prisoners said nothing in answer to the charge at the station—on the way there they used very obscene language, and were very violent. Cross-examined by MR. CLUER . I was the width of Gray's Inn Road from them when this took place; the road is 20 yards wide; I was on the opposite side—we rushed across after the blow was struck—at the police-court I said "The prosecutor was knocked down by Hume's blow; I went across and was surrounded by a lot of roughs; the prosecutor got up and ran about 20 yards"—I corrected that; I did not see him fall—he had a severe blow in the face, and ran about 20 yards up the road—my correction was not taken down—he was knocked down after that; not by Hume, the two girls knocked him down afterwards—I have made inquiries, and find Hume is a respectable young man, and has been an apprentice at Bradley's, Fetter Lane, for three years—he had a parcel and an umbrella and the girl's jacket—he came to the station of his own accord—I did not see him from the time the blow was struck till he came to the station. NOT GUILTY . 311. JOHN KENDAL (34) and ARTHUR RUSHWORTH SIMS (52) , Unlawfully conspiring to obtain by false pretences from David Paterson and another an order for the payment of 24 l . 13 s . 9 d ., 18 barrels of oil, and 41 l . 7 s ., with intent to defraud. Other Counts charging Kendal with obtaining the oil and the money. MR. STEPHEN LYNCH Prosecuted ; MR. ROBSON defended Kendal and MR. METCALFE defended Sims. DAVID PATERSON . I am an oil broker in partnership with Mr. Baures, at 38, Bishopsgate Street—last year on the Oil Exchange I made Kendal's acquaintance; he gave me one or two small orders for petroleum— prompt on that market is 14 days—I had 18 barrels of cylinder oil, three tone—Kendal remarked he had a market for that particular oil; that he could not take the parcel at that time, because of the prompt —he could not pay for it at that time—he could in three weeks—believing he had a market for it I agreed to let him have it on the three weeks prompt —I made inquiries, and while they were pending Kendal came to my office and produced a letter from Sims to Kendal, threatening that if not sent at once he would charge him with the difference—I read it, and believing they had a market for the goods and were in a hurry for them I sent the 18 barrels—instructions were given to deliver them to Mr. Smith, a carman in Poplar—they are not there now; they are at Mr. Clark's yard, to the order of Kendal—Kendal then gave me other orders for petroleum—subsequently I asked him if it had been taken away and used up—he said it had—Mr. Middleton was present when the conver sation took place—I went to the yard to see whether it had been used up, and saw the 18 barrels there to the order of Kendal—on 12th Decem ber the prompt had expired, and Kendal gave me this bill of exchange, drawn on and accepted by Sims, for 67 l . 10 s . 6 d .—the price of the oil was 13 l . odd a ton—41 l . odd was the invoice price—he said the bill was for Mr. Sims and the difference between it and price of my invoice was for the profit made by Mr. Sims, and he asked me to give him a cheque for the difference—not knowing Sims I asked him if he was a man of substance; he said he had known him some years and had taken hundreds of pounds from him—I found Sims's name in a Directory of some years back as an estate agent—I then gave him this cheque for 24 l . 13 s . 9 d .—I went with Middleton to Sims in the Mile End Road—he was presumably an auctioneer and estate agent—at that date the oil had not been delivered; it had not been touched—I knew where it was—I was introduced to Sims—I said I understood he was the buyer of the oil—he said he was—I asked him if it had been taken away and was satisfactory—he said "Oh yes"—I said "We knew it was all false, that we had had our suspicions of the transaction, and found the oil was not taken away, but was still lying for delivery—endal replied "Oh, indeed, you can't prove it"—the bill was presented and not paid. Cross-examined by MR. ROBSON . It was delivered to Smith's yard by Kendal's order—I can't tell you at this moment whether it was sent to deliver to my order or their order, the receiving note would tell you; if I said at the Mansion House that it was sent to my order it is correct—as far as I know I have never yet given an order to deliver it to Kendal, it was in Kendal's order—he told me that the difference between the 41 l . and the 67 l . bill was profit he had made from Sims—at that time I was asking for payment; he said he could not pay much at a time, and I con sented to discount the bill under pressure at 2 1/2 per cent. per month—he offered those terms—I gave him 24 l .; he paid me then for previous transactions and Sims's cheque—he carried 24 l . away with him, he carried my open cheque—I sold him 24 barrels of oil subsequently, for which he afterwards paid me 12 l . odd—after he had given me the bill he paid me again on January 12th—all the oil is in his name, I have not got it, it is not lying to my order—it was carted into Smith's yard to my order, but it never went into Smith's yard; Kendal stopped it and took it away—I can't fix the date when I had the conversation with Kendal, it was some where between the 12th and 19th December, I think that week—I made certain inquiries about him after the interview before I made the contract to sell the oil, but did not get answers—he called again before our inquiries were answered; we thought it worth while trusting him with oil, and we thought it was a genuine affair by having had one or two dealings with him before—before I started these proceedings I made a request to Kendal for payment; I asked him to provide for the bill and expenses which we had incurred, cab fares and telegrams and running about, which we had incurred in finding out if the transaction was a bond fide one. By the COURT . If he had paid that money you would have heard nothing of this prosecution. Cross-examined by MR. METCALFE . I laid embargo on the oil before the bill became due—I never expected they would pay the bill; I should expect them to pay even if I had laid embargo on the goods—I had had cheques of Sims before; I don't know that Kendal's cheques went through Sims's bank—I don't know that Sims has an account in a bank in which 800 l . has passed in the course of last year. Re-examined. The oil is not in the yard to which I sent it, but in the yard to which it was taken by Kendal himself; I could not stop delivery of it because Smith never had them—I sold him six barrels of petroleum also; I could identify that parcel, they were labelled Southwark, and num bered 121 to 126; the invoice price of them was 6 l . 17 s . 2 d .—after I said it was a long firm swindle he paid me for ten barrels out of an order he had for 24 l .—I stopped the other 14 at the wharf, and then he paid for ten after I had called it a long firm swindle. JAMES ROBINSON . I am a carman—I took 18 barrels of cylinder oil to Clark's yard; I was directed first to Mr. Smith's, and he transferred me to Mr. Kendal, and he transferred me to Mr. Clark—Kendal was not at home when I went to his shop, but he came before I could turn my horse to pull him round—he said he had expected me, and was very glad I had come as he was anxious about it, and he would take me to Mr. Clark, who would show me where to stow it away—he left me and came back with Clark's son, and showed me where to stow it away. EDWIN CROFT MIDDLETON . I am an oil merchant at 38, Bishopsgate Street, in the same office as the prosecutors—I was present at an inter view at their office when Kendal came—he was asked by Messrs. Patterson and Bates whether the cylinder oil had been taken out and used; he said yes, and partly used by that time, or some such remark as that—I had been with Mr. Paterson to Clark's yard to see if the oil was there, on that same day before the interview—I accompanied Mr. Paterson to Sims's premises in Mile End Road—Kendal was there—Patterson was introduced by him to Sims, and he said, "I understand you were the purchaser of the cylinder oil we sold to Kendal, we know you are because we hold your acceptance for it; how did you like it?"—"Oh, very well"—"Will you be wanting some more shortly?"—"Yes, very likely," and some such conversation as that took place—the conversation was general, we said we had found out it was all false, their statements, and we looked on it as a long firm swindle—they said "You will have to prove it," and afterwards they said they would be up in the morning to see them about it. Cross-examined by MR. ROBSON . I am quite sure the word "used" was said—the question was asked Kendal alone at Patterson and Bates's office; Clark was not present then—he was afterwards at Sims's office. Cross-examined by MR. METCALFE . Sims said it had all been taken away and used—there was rather a Ions; conversation—Sims certainly said the oil was nearly all used—Sims did not appear to know where the oil was lying—I do not know that for the last year or year and a half Sims has had a banking account through which 800 l . has run—I have known Mr. Patterson for years—I was only interested in their not being swindled. Re-examined. I am quite sure Sims said the oil had been used, and Kendal said it at the interview. CHARLES WELTEKE . I am an oilman—I bought six barrels of petroleum of Kendal branded "Southwark 121" to 126. ( The COURT considered that evidence of dealing with other oil was not admissible. ) Witnesses for the Defence. ---- BEARDSHAW . I am in the oil trade, and occupy an office on the first floor of Beaufort House—I have a small branch at 337, Rotherhithe, managed by Kendal—I had negotiations through Kendal to sell that business to Sims—I have known Kendal 12 or 14 months—Kendal managed for me as well as being on his own account—I pur chased two sample barrels of this oil from Sims at 2 s . a gallon, about 24 s . a ton—from what I hear to-day that would give a moderate profit on the price he gave for it. Cross-examined by MR. METCALFE . I have known Sims about three months—I was going to sell him the business—he gave me several references, all of whom Were thoroughly satisfactory—I was going to trust him on bills, 40 l . at two months, 40 l . at three months, and 10 l . cash—I would go no further when I heard of this. Cross-examined by MR. LYNCH . It did not strike me as strange a house agent wanting an oil business—I put the matter in my agent's hands through Kendal to sell—I was a witness to character for Graham at this Court last Session—I had given a reference for him—he lived in a, house of mine five years ago for three years at 180 l . a year, and had always paid his rent to the day—he was convicted of obtaining goods or some thing—I am not Kendal's partner—I think I bought the first oil in January—I wrote immediately I saw it in the newspaper—I carry on business at Beaufort House as a general merchant—I have steel works in Sheffield. EDWARD ELLIOT . I am clerk to Sims—his office is at 40, Mile End Road—I have been with him about 18 months—during that time he had had regular business at his place—I remember having a gallon of oil to sample—I took a sample to Davis, Rope Workers' Walk, near Coburn Road, and some more I took to Baker—Sims gave some to Mr. Lilly-white—Sims offered it at 24 l . a ton. Cross-examined by MR. LYNCH . It was more than a month ago that I took the samples, I should say eight weeks ago. FRANK CLARK . I live at 337, Rotherhithe Road, and am manager to Mr. Beardshaw—Kendal was employed there for some time as traveller, I think—last November Mr. Sims desired me to sample some cylinder oil, and I took two samples, one of half a gallon out of a cask, and another of a gallon—one of those was for the Rice Mills Company—they were satisfied with it, and said they would have a ton, but in the interim it was stopped, and that broke off the sale. Cross-examined by MR. LYNCH . I sampled it near the end of November—it was then in Clark's yard, High Street, Poplar. FRANK PEARCE . I am solicitor to the prisoners—on the day the summons was heard Kendal and Sims came to me, and brought 23 l . in gold—I sent for Mr. Wrightson, the prosecutor's solicitor; he came to my office, and I asked him if he would take it and withdraw the prosecution—he said "I cannot do so now, it has got too late"—I had written to the prosecutors before, threatening proceedings for stopping the oil—nothing was then said about 6 l . expenses. Cross-examined by MR. LYNCH . The first letter I wrote was before the summons was taken out, and before I received a letter threatening proceedings. FRANK CLARK ( Examined by MR. LYNCH ). 18 tons of cylinder oil were brought to my yard by Kendal and a carman to Kendal's order. Cross-examined by MR. ROBSON . I had a message from Patterson and Bates, that I was not to let the oil go. NOT GUILTY . 312. WILLIAM IMBER (22) and PATRICK KENEALEY (22) , Robbery with violence on Peter Webber , and stealing an umbrella, his property. MR. WILSON Prosecuted ; MR. FRITH defended Kenealey, and MR. WOODGATE Imber. PETER WEBBER . I live at 8, Rathbone Place—on 22nd January I was in Sharpies Hall Street; I had an umbrella in my hand; I had had too much to drink—some one came up to me, struck me on my chest, put his hand in my pocket, and robbed me of my umbrella—this is it. WILLIAM RECORD ( Police Sergeant D ). About 1 o'clock on the morning of the 22nd of January I was in Edgware Road with two other officers; we were dressed as labouring men; we followed the prisoners; as they got to Earl Street they turned sharply on the prosecutor; I followed; we were several yards behind them; when they got to Bell Street they pushed Webber against a grocer's shop; we were standing against the doorway; Kenealey got hold of his left hand and palled his coat open, and the man not in custody got hold of his right hand and did the same; Imber put his hand in Webber's pocket, and they rolled out into the road, and Imber hit him with his umbrella in the face, and knocked him into the road—I went to his assistance, he was seriously hurt—Imber ran towards Earl Street pursued by the other officers with me—Kenealey ran the other way—Kenealey was taken on the morning of the 28th—we kept observa tion that night on 33, Orchard Street, and saw men enter it—I went in and saw the prisoner upstairs alone—I said to him "I want you"—he said "For that umbrella in the Edgware Road?"—I said "Yes"—he said "I was at home at the time; Jerry Wise, who was in that highway robbery job in Highbury Crescent, was there, but not me." Cross-examined by MR. WOODGATE . There it not a cab-stand nearer than half a mile from where this took place—Bell Street and Earl Street run into Edgware Road—this was right opposite the Metropolitan Music Hall; that is past Oxford and Cambridge Terrace in Morley Road, past the Harrow Road—I don't know of a cab-stand where the Harrow Road branches off from the Edgware Road; there is one at Maida Vale, 200 yards from this place—the prosecutor was not on the ground when I came up; he was all right till they interfered with him—he was a little the worse for liquor; we noticed that—he never touched the ground till he was knocked down—the street is, well lighted—it was a very bad night—I heard no one calling out "Fetch the old man a cab"—I saw the other officer arrest Imber—we followed three men who were follow ing the prosecutor—I saw Imber then. Cross-examined by MR. FRITH . I was called and recalled three times at the police-court—I gave it in my evidence there about Kenealey saying about Jerry Wise—it was raining that night and very dark—Kenealey was arrested four days after the alleged robbery at his own house where he had been living for some time—he has complained of me to the Com missioners. ALBERT WRIGHT . About 1 a.m. on the 24th January I was in Edgware Road in plain clothes, off duty, with Record—I saw the two prisoners and another man not in custody go up to the prosecutor—Kenealey caught hold of his left arm with his right hand and unbuttoned his coat with the left, and Imber put his hand into his pockets, and then struck him and snatched the umbrella away from him, and ran away—I went after him and brought him back; he had the umbrella in his hand—I asked him what he was doing with it—he said I could have it if I liked. Cross-examined by MR. WOODGATE . I was about three yards from him when he went up and did it—I had seen his face before. Cross-examined by MR. FRITH . It was a rather dark night. CHARLES GROVES ( Policeman D 79). I was with Record in Edgware Road in plain clothes on this night—I saw Imber snatch the umbrella from Webber's right hand and run away—Kenealey was there and another man—I pursued Imber; he was arrested by Wright, and I assisted to take him the station—I did not hear either of the prisoners say "Go and fetch the old man a cab"—I should have heard it if it had been said. ALFRED NICHOLAS ( Policeman D 100). About 12.30 on 24th January I was in plain clothes in Edgware Road, and saw the two prisoners out side a public-house—I saw nothing more of them that night—I went with Record to arrest Kenealey—he said to him "I want you"—Kenealey said "For that umbrella in Edgware Road?"—Record said "Yes"—he said "I was at home at the time; Jerry Wise, who was in that highway robbery job in Highbury Crescent, was there, but not me"—I have not the slightest doubt Kenealey is the man; I have known him for a considerable time. Witnesses for Kenealey. MORRIS KENEALEY . I am a coach painter's labourer, and live in Lisson Grove—on 24th January about 8 p.m. a man named Kenealey called on me and my brother to go to a boxing club in the Edgware Road—we stayed there till 11, till it was all over, and then went into the Key public-house in Bell Street opposite and had a drink, and then went straight home, and was indoors by a quarter to 12—we did not go out again; we sleep together. Cross-examined. I worked for Mr. Walls, but have done no work for three weeks—I was convicted of felony three years ago. Re-examined. I cleared snow for the Marylebone Vestry—I have not been convicted of felony since three years ago. JAMES WELDON . I live at 14, North Street, Lisson Grove, and am a labourer—on 14th January, about 8 p.m., I called for Kenealey and his brother, and went to an athletic and boxing club in Bell Street—at 11.15 we went across to the public-house and had a drink—I went home with him, and left him at his door at 11.45—when he was taken in custody I went up to the police-court to give evidence with his brother, and was bound over as a witness. Cross-examined. I last saw him at a quarter to 12, when I left him at his door—if Nicholas says he saw him at 12.30 he is mistaken—three years ago last October I was convicted of stealing a pair of boots, and got six weeks; it was not on 13th July, 1885. ELIZABETH KENEALEY . I live at 33, Orchard Street, Marylebone, and am single—Kenealey is my brother—on Saturday night, 23rd January, I was indoors when my two brothers went out—they came home at a quarter to 12, and went to bed at a quarter to 1—my brother did not go out again; they were in bed some time before I went to bed. Cross-examined. When he came in I looked at the clock in the front room—I noticed it because my mother asked me to go out to get some beer for their supper, and I looked at the clock to see the time, and after he had had his supper he went to bed—where this robbery took place is about five minutes' walk from our house. Re-examined. They said "Good night," and went into their bedroom, and I went in there to fetch the lamp and found them in bed. MARY TOOMEY . I live at 32, Orchard Street, Marylebone, and am wife of Thomas Toomey—I have been since 29th December waiting on Mrs. Kenealey, who is very ill—on Saturday, 23rd January, the prisoner was indoors before 12 o'clock; I could not say what time he went to bed; he was undressed before 12; he had his coat off when I came out, and it had not then gone 12. Cross-examined. After I got home I went and bought a dozen of matches, and they were then putting out the lights in the public-house—I am not a great friend of Mrs. Kenealey; I have only lived there 12 months. EDWARD KENEALEY . I live at 33, Orchard Street, Marylebone—I returned home on Saturday, 23rd January, about 5 minutes to 12—my two brothers were then sitting in the front room at the fire—they did not go out again that night till 2 o'clock. Cross-examined. I brought some beer home from the public-house at the corner when I came in—Kenealey is my brother. WILLIAM RECORD ( Re-examined ). Imber holds an omnibus conductor's licence. GUILTY . KENEALEY then PLEADED GUILTY ** to a conviction at Middlesex Sessions on 17 th December , 1883.— Twelve Months' Hard Labour. IMBER .— Six Months' Hard Labour. 313. ULRICH ADOLF WEGENER was again indicted ( See p. 404) for stealing a cheque for 100 l ., and within six months a cheque for 400 l ., and within six months a cheque for 277 l ., of Arthur Ellis Frankiln , his master. MR. GRAIN Prosecuted ; MR. WILLIS , Q.C., and MR. FULTON Defended. FRANCIS VOLKMAR . I am one of the firm of Marcus and Volkmar, bankers, of Berlin—we correspond with Messrs. Keyser and Co., and send them remittances for collecting—on or about 30th Jan. I sent these letters and this cheque for 100 l . for collecting. ( The cheque was crossed Martin and Co. ) Rasch and Rudenstein drew the cheque on the London Joint Stock Bank, we being the payees—we got a letter acknowledging the receipt of that and other cheques. 'Cross-examined. We were also credited with the amount in our account with Keyser and Co.—the letter of 2nd February acknowledged the total amount of remittances at 957 l . 4 s . 3 d .—we have had the benefit of that amount in Keyser and Co.'s books, and there is their signature—the 957 l . 4 s . 3 d . included this 100 l . cheque. ALFRED BINDER . I am correspondent in the Disconter Company in Berlin—on or about 12th March I sent this letter to Keyser and Co., enclosing this bill of exchange among others. ( This bill, which was in duplicate, was dated 20 th December , 1884, at three months, for 400 l .) I received this acknow ledgment on 14th March. ( Stating that the firm of Keyser and Co. had been debited with that amount at Berlin. ) Cross-examined. Foreign bills are drawn in sets of three, and these are two of such a set, but the two are practically one bill for 400 l .—Keyser and Co. have been debited with the amount in marks. By MR. GRAIN . I sent this letter on 28th May with these two remittances amongst others. ( One of these was a cheque drawn by Mr. Youngman, dated 21 st May, on Barclay, Bevan, and Co., at 14 days for 127 l ., payable to Mr. Hettenmark, and the other was a bill of exchange for 3,128 marks. 153 l . 6 s . 8 d ., drawn on 1 st March at three months by Mr. Hilst on Messrs. Holfmark and Co., of London. ) Messrs. Keyser and Co. have credited us with those amounts—they have accounted to us for those remittances. ( The first of the bills was endorsed Keyser and Co. ) JONATHAN DANIEL ALDRIDGE . I am messenger in the prosecutor's employment—I received this draft on 4th June from the prisoner, who told me to collect it and get cash for it—I did so, and handed 153 l . 6 s . 8 d . to the prisoner when I came back on 4th June—150 l . was in bank notes and 3 l . 6 s . 8 d . in coin. Cross-examined. I went to the prosecutor's about five years ago, in November, 1880—I have frequently been to collect money, bills, and cheques—two other messengers are employed to get bills and cheques—the firm are constantly sending out bills and cheques to various banks to get the money on them and pay them in to their account—I go out constantly to collect money at the prisoner's request, and there are other persons employed in the same way. By the COURT . I took my orders exclusively from the prisoner when he was there—I was supposed to do what he told me—the firm do not send out now, they collect through the bankers, which they ought to have done then. Re-examined. Since the prisoner left they have altered the system, and now bills and cheques are paid in the ordinary way, through Martin and Co.'s, for them to collect—the cashier asked me to receipt it, and I did so. By MR. WILLIAM . The National Provincial Bank can tell the numbers of the notes I got. By MR. GRAIN I can recognise the notes, because I put the date on—this "N. P. B." on those notes is my writing—I gave those two notes and the change to the prisoner. EDWARD CHARLES PERNGINI . I am chief clerk to the prosecutor—it was substantially the duty of the prisoner to conduct the correspondence—on ordinary days of the week the morning correspondence would be opened by the partners—on the Saturday they were away, and then, if I was not there, it was customary for the prisoner to open the letters and take out the different remittances—it was his duty to make an entry of each in No. 8 book—he would put into one column a number to show to whose account it would go, and in another column the amount—then he would make out a yellow credit slip, putting on that the names of all the persons who had made remittances, with the amounts—those slips were handed to an entering clerk, a bookkeeper, who sits alongside of him in the office, or were generally put into a drawer, and as quickly as the entering clerk conveniently can he enters from those slips the accounts to the credit of the different persons who's names appear on the slips—they would be first posted into the journal, and then into the ledger account of the customer, and then it would be the prisoner's duty to take the different remittances and make out a credit slip on Martin's Bank, an ordinary paying-in slip—our firm banks with Martin and Co., but we open accounts with all our correspondents, and in that sense we are bankers as well—the prisoner came into our service about 6th August, 1879—he used to have a salary of 250 l . per annum—he opened a ledger account with the firm—on 3rd February I find an entry in the black book of 102 l . 10 s ., with "U. A. W." ( The prisoner's initials ) against it—the whole of the entry is in his writing—that purports to show that U. A. W. had paid in to his account with the firm 102 l . 10 s .—this credit slip, "U. A. W., 102 l . 10 s .," would have the effect of posting 102 l . 10 s . to the credit of Wegener—the paying-in slip for that day is, "Drafts payable in London, 100 l ., 1 l ., 1 l ., 10 s ., total 102 l . 10 s ." ( This draft for 100 l . was that sent by Marcus and Volkmar. ) I find no entry on that day of 100 l . to the credit of Marcus and Volkmar, and there is no credit on the yellow slip to them—the result of the entry, the yellow slip, and the payment into Keyser and Co.'s account at Martin's of 100 l . is that Wegener's account stood credited with 100 l .—on the yellow slip of 23rd March is "U. A. Wegener 212 l . 2 s . 6 d .," and "Ditto 190 l . 2 s . 6 d .," and on Martin's paying-in slip of the same date is "Drafts payable in London 400 l ." and other small items; making up 406 l .—there is no entry on 23rd March on the yellow slip to Marcus and Volkmar of that amount—on 4th June there are five entries' to the credit of the Discount Company of Berlin, but no entry of 127 l . nor of 153 l . 6 s . 8 d . as remitted by them—it would be the duty of the prisoner to enter the bill of exchange accepted by Holmark and Co. to the credit of the Discount Company, and pay it into Martin's on that day, 4th June—he had no right to retain such a sum, which he had caused to be collected on behalf of his masters, from 4th June till the 8th—on 8th June I find a credit to U. A. W., "U. A. W., Beckett 2 l ., ditto notes 280 l ."—on the paying-in slip of 8th June appears U. A. Wegener paid in 282 l ., and on the paying-in slip of Martin's on the same day, and in the prisoner's hand-writing, appears "Bank-notes 155 l ., drafts payable in London 127 l ."—this letter which I received on or about 27th July is in the prisoner's handwriting; I read it and considered it my duty to hand it at once to my principals. Cross-examined. I have been nearly six years in Keyser and Co.'s service—I am, on the whole, fairly well acquainted with the business of the house—I am chief clerk—we are bankers, and at the same time have a banking account at Martin's; we have had that as long as I have been there—all money is paid in, except what we want for the working expenses, for cash—Martin and Co. are the people to whom notes and cash would be paid in the ordinary course, and it is therefore quite proper to pay in notes, bills, and cash to them to Keyser and Co.'s credit—Keyser and Co. have control by the cheques they draw; of whatever sums are paid into their credit at Martin and Co.'s, and Keyser only—therefore it would be quite proper to pay the cheque sent by Marcus and Volknar into Keyser's account at Martin's—I see on this cheque for 100 l . "Martin and Co." twice—I have no doubt it was paid into Keyser and Co.'s account at Martin's, and that Keyser and Co. have had the benefit of it in their account with Martin—Martin and Co. have credited us with it, and have been debiting us ever since with the cheques we have drawn against that account—so far as that money is concerned it went in the accustomed channel—this bill on the Imperial Ottoman Bank of London would come within the description of drafts payable in London—this cheque is endorsed A. Keyser and Co. by Mr. Franklin, one of the firm, and then it found its way as I have described—I find on one of these two notes of the set of three constituting the bill for 400 l .; Mr. Keyser's endorsement, he is another partner; therefore, subse quently to their coming to London he has put his name on them—I see Martin and Co.'s name on the back of that bill, but it is a paying-in stamp not a receipt—the bill is payable on 23rd March—on the paying-in slip for that date is "400 l ."—I cannot say that that was paid into Martin's, if the bill went to Martin's we should have credit for it in our account with them—I cannot say that slip containing the entry of 400 l . refers to that bill—I have no doubt the draft has been paid into Martin's, but I cannot say it applies to that slip—Mr. Youngman's cheque of 21st May, 1885, for 127 l . has Keyser and Co.'s endorsement on it, so that it must have arrived and been put before one of the partners for his endorsement; it is Mr. Slazenger's endorsement—on it is "Received, Martin and Co.," I have no doubt it has gone through their bank, paid into our account—the prisoner had made an entry in the books as if he had paid the money to Keyser and Co., when he had not—he has had an account with the firm in their books almost ever since he has been there, and he has got and paid us moneys—the result of the entries is that he has been credited with the account at Keyser and Co., which he has never paid, and there fore, if he had overdrawn his account, it reduces the claim against him by those credit entries—large amounts have passed through his account, many entries, on one side and on the other, in a month; and apart from these credit entries we complain of, he has paid moneys that have been put to his credit, and he has drawn out different items at different times—the cashier makes payments at Keyser and Co.'s—there is only one recognised cashier, and the money to make the payments is placed in his control during the day, but there are three or four clerks in the establish ment who pay money—there are two tills, to which they go as they have to pay money—we use cheques, by which money can be drawn from Keyser and Co.; those cheques are honoured by the clerks when they come in—the prisoner, when he wanted money, drew cheques on Keyser and Co., and those would be honoured by the cashier, and debited to his account in the ordinary way—the prisoner sometimes got money as well from the clerks that paid the cheques, applying to them for it and signing a paper containing the amount given to him, and his account would be debited with the money so received—he would get cash payments generally for small amounts, and draw cheques for larger ones—that would be the course of business—he would sometimes draw a cheque on me, which he would pass away, and then it would be brought in like other cheques—if he wanted large amounts, the firm would sometimes draw on Martin and Co. in his favour—for small amounts paid over the counter there would be an entry in the cash book first of all, and then ultimately they would be posted to his ledger account—his own cheques, if paid over the counter, would also go into the cash book of the day, and ultimately be debited to him—if the payment was a large one, and by cheque circulated before payment, it would be paid for by a cheque drawn on Martin's, and then would be charged in No. 8 book and debited to his account—I have no doubt the books have been properly posted, and that all the items received in this way have been charged to his account, and therefore all the entries to his credit are posted to the account, where all the entries to his debit have been made, in parallel columns—the result of writing his own name as having paid money when he had not is to diminish the account against himself—he sometimes overdrew his account—payments are essentially the work of the one recognised cashier, but it is done by the three or four clerks under him; they assist him when cheques are presented; they make payments—if any question arises as to whether a cheque shall be paid, the cashier consults the principals. GEORGE ERNEST TIMPSON . I am a clerk at Messrs. Martin's bank—these two notes for 100 l . and 50 l . were paid in by this paying-in slip as a portion of 155 l . on 8th June, and a cheque for 127 l . on the same slip—this bill of exchange for 400 l . was paid in on March 23rd—a cheque for 100 l . was paid in on February 3rd. Cross-examined. All those sums have been credited to Keyser and Co. in their account with Martin and Co.—on 8th June, besides the 100 l . and the 50 l . notes, a 5 l . Bank of England note was paid in, number 93265, November 28th, 1884. WILLIAM BARNARD CORNISH . I am cashier at the head office of the National Provincial Bank of England—on 4th June this draft for 153 l . 6 s . 8 d ., was presented at the bank and cashed. Cross-examined. It was cashed over the counter. ARTHUR ELLIS FRANKLIN . This witness repeated his former evidence and added: —On 30th June, 1885, there was nothing to the prisoner's credit; the account was closed, and there was 4,700 l . to his debit—we have found false entries to the amount of 4,560 l .; he has exhausted that by drawing the money out, and we are the losers—I make the amount more than he mentions in his letter, I make it 4,700 l .—we have had to pay the persons whose money has been credited to the prisoner, as he has had the benefit of it; they have been charged to his account on the assumption that the amounts were genuine credits and not false ones. Cross-examined. He has got money from our firm, as I have signed cheques in his favour on Martin's bank which he has brought to me, and these amounts have been charged and debited to his account—I know ingly signed them and gave them to him—he also had the privilege of drawing cheques on us, "Messrs. Keyser and Co. pay myself so much" or "pay somebody else so much"—those cheques would be paid by our cashiers in the course of business—when the prisoner's cheques came in we honoured them as a matter of course—if any question arose he would he consulted, but I or my partners would be the persons to decide—part of his account was made up of cheques which he had drawn upon us which have been paid in the ordinary way, and the other part of his debit account would be cash which he got—if it was a large amount the prisoner drew a cheque, if small he would apply to the cashier for what money he wanted and sign a paper showing the amount—I have seen him take it himself, that was with my sanction, and he would sign a paper and be charged with the amount—the debits making up that large amount consist of cheques which he has drawn on us and moneys which he has got from the cashier, but there are payments on his behalf which he requested us to make, and which were made—I have one here, "Pay Meesell and Co."—it is by adding up the total amounts of these pay ments which we have made to or for him and deducting the proper credits that would work out the total indebtedness of 4,700 l .—credit has been given to him for sums which he has never paid, and in striking out those sums he is a debtor to the amount of 4,700 l .—some other sums which we paid for him have been large, such as 1,000 l . and 1,400 l . at a time; those were Stock Exchange transactions with Messell and Co. in our name, inasmuch as the contracts were addressed to us—they were sent in in our name, and we debited him with the money; if there was a sum to his credit we credited him with it—I certainly am not aware even after investigation that the transactions carried on by this clerk at 250 l . a year in our name amounted in three months to 90,324 l .—we found out that he was gambling on the Stock Exchange, and we censured him for it—I have not been able since yesterday to find out when No. 2 account commenced, but I believe it was early in 1884—we asked him to have his transactions on the Stock Exchange with Messell and Co. in our name —No. 2 account is not between Keyser and Co. and Messell and Co.; it does not read "Keyser and Co. in account with Messell and Co."—that account does not appear in our ledger; we have papers sent, "Keyser and Co. in account with Messell and Co.; "that formed the basis of the account—these were our servant's transactions both as to buying and selling, but they took place in our name—we had transactions with Messell and Co. ourselves, for which we gave instructions; that is not No. 1 account; there is no No. 1 account—the accounts showing moneys to be paid on No. 2 account and paid by Messell and Co., are debited and credited to our ser vant's account, but not with the knowledge of any members of the firm—after No. 2 account was opened I am sorry to say I never looked to see the nature of the engagements which were being entered into in our name, but my partner did, and when he found anything that he did not like he complained—he is not here, he was here yesterday—in February, 1885, we paid Messell and Co. on the prisoner's account 403 l . 5 s . 9 d ., all that was debited to him with Messell and Co. in our name, and our firm actually paid it—nearly all the sums we debited him with in January 1885, are drafts on us, except 72 l . and 44 l .; 28 of them are marked cash and 17 of them are drafts on us—on February 2nd here is "Cash 5 l ." that would be got by giving the ticket and getting 5 l . from the cashier—the ticket for it would be in the till; whether he put it there and took the money out, or whether the cashier did it for him the ticket would be deposited to debit his account with the money, but generally the cashier would pay him the money—in May, 1885, we received 1,826 l . on his account as money due from Messell's on these transactions—his account was not frequently overdrawn to the knowledge of any member of the firm—I have been looking through the books—the April account is balanced; it was overdrawn in April, it may be 600 l ., and he borrowed 100 l . Re-examined. When we remonstrated with him for speculating on the Stock Exchange he did not wish to be forced to close all his things or undo his things, and he hoped we would not prevent him doing commission—he had friends in Glasgow; he had commission for legitimate transac tion—we permitted him to close his outstanding transactions, and arranged with Messell and Co. that they were to put it in our name, because no respectable stockbroker would deal with a clerk direct—we have very large transactions in Stocks on behalf of our customers, buying and selling for investment, and it is a rule of the Stock Exchange that they are not entitled to deal with a clerk without the permission of the firm where he is employed—we asked him to carry on his transactions with our bankers; we have a very large account with Messell and Co.—we asked them to open a new account, No. 2, with the prisoner, exclu sively for his own transactions—we never made one penny profit out of the prisoner—we stipulated with him that all transactions were to be done in our name, but he broke his promise, and a lot of these transac tions were done without our knowledge or consent—it was partially in consequence of that breach of promise that we dismissed him—it has never been suggested by any one but Mr. Willis that we derived a penny profit from the prisoner—we said the next transaction that came in from Messell and Co. he should go, and a contract came in for San Francisco shares, and we dismissed him—we afterwards received this letter from him, and took extradition proceedings against him. ( In this letter the prisoner admitted defalcation to the amount of 4,560 l .) We allowed him interest on any money he might have with us—we do not allow our clerks to overdraw. MR. WILLIS submitted that there was no case to go to the Jury, repeating his argument of yesterday. The prisoner had properly paid in the amounts to the prosecutors' credit at Martin's, who had credited them to the prose cutors, and the prisoner had not diverted them from their proper course, nor had he drawn out any specific items answering to the sums in the Indictment. What he had done was to draw cheques which might not have been honoured if the prosecutors had known all the facts, but that was not larceny or embezzlement, and he therefore ought to be acquitted, and not put to the expense of having a question argued in the Court of Criminal Appeal which had been already decided there. (See Beg. v. Prince , 1 Law Reports, p. 150.) MR. GRAIN contended that there was no analogy between this case and that of Prince; it was not necessary to prove that the prisoner had stolen the whole of the money; a man could be indicted for stealing 150 l . and convicted of stealing 1 l . The prisoner putting his name on the yellow credit slips was equivalent to putting his hand into the till, and he therefore committed larceny by a trick, and the actual taking was when he made the false entries. MR. WILLIS . having been heard in reply, the COMMON SERJEANT considered that there was no case to go to the Jury. NOT GUILTY Another indictment against the prisoner was postponed to next Session. 314. MICHAEL SULLIVAN (30) was indicted for a rape on Florence Lee . MR. DOUGLAS Prosecuted ; MR. KEITH FRITH Defended. GUILTY .**— Twelve Years' Penal Servitude 315. MATTHEW SAMPSON , Feloniously setting fire to the dwelling house of James Young , persons being therein. MR. POLAND and MR. MONTAGU WILLLIAMS Prosecuted ; MR. HOPKINS Defended. EMILY BELLINGER . I am Mr. Young's stepdaughter and am barmaid at the Lord Napier public-house, Victoria Dock Road—on Sunday night 17th January, about five minutes to 11, I went upstairs to go to bed—the prisoner was barman—he was standing leaning over the banisters of the stairs on the top landing—I said "John, how you frightened me; you might have called out"—he said "Good night, Miss," and went into the lumber room, and I went into my bedroom—the prisoner's bedroom and Mr. and Miss Young's bedrooms and the potman's are all on the same landing—the lumber room leads into the potman Province's bed-room—about three minutes past 11 I heard Miss Young call out "Fire," and I ran downstairs—I saw the prisoner against the wall on the top land ing, a little way from where he was before—I can't say whether the lumber room door was open or shut—it is always kept open—we shut up at 10 on this night—the prisoner had supper with Miss Young and I—all strangers and customers would have been shut out of the house. Cross-examined. I have lived at the Lord Napier seven or eight years, I had only come back on the Saturday night; I had been away for a month at the other house, the Shakespeare—that is five or ten minutes' walk from this house—there was no ill feeling between the prisoner and my stepfather that I know of—when I went there on Saturday I noticed nothing of that sort—I called the prisoner John; everybody called him John—I noticed no ill-feeling between the prisoner and Miss Young—I saw the potman at supper on the Saturday night—he didn't seem to have been drinking; he looked all right—I heard no words pass between him and Mr. Young—there is no gas on the top of the landing—it is light there when the gas of the bedrooms are alight—there is no gas either in the lumber room or the potman's room—you cannot get at the potman's bed-room without passing through the lumber room—I think he lighted himself to bed with a candle, I have never seen him do so—I am sure of the time, five minutes to 11, when I went up to bed—I heard Miss Young come up about five minutes after me—I heard no conversation pass between her and the prisoner—the servant's room door was shut—I know it was Miss Young that came up; I know her footsteps—the barmaid, Miss Elson, came up with her—she told me so—about three minutes after that I heard Miss Young cry "Fire"—no one else cried out—I then opened my room door and rushed down stairs—I found the prisoner on top of the stairs, outside his room door, I passed him—I didn't notice him particularly—I saw him in the passage after we were all downstairs—we were in a state of great fright—there was nobody else on the landing besides the prisoner, I am quite positive—I can't say whether Miss Young and Miss Elson ran down before me or afterwards—Miss Elson was in my bedroom when the cry was raised—I can't say whether we both rushed out together—I had begun to undress—we were standing at the dressing table—I can't say who left the bedroom first. Re-examined. When I first went up I saw no one on that floor but the prisoner—he and Miss Young and I had supper together in the parlour on the first floor, and the bedrooms are on the second floor—the servant Macdonald and the potman have their meals in the kitchen—I saw nothing of them after my supper—Macdonald attended to us about once during supper. KATE YOUNG . My father keeps the Lord Napier—on Sunday, the 17th of January, the house was closed at 10 o'clock; my father was out then; he went out after 9 o'clock—the barmaid Elson was out as well—myself, the prisoner, the potman, the servant, the last witness, and Mrs. Young were left in the house—after the house closed Miss Bellinger and myself and the prisoner had supper together—the things were left there; the prisoner assisted in washing up the glasses before supper—about five minutes after Miss Bellinger had gone upstairs, I went up, she was at her bedroom door; I spoke to her—Miss Elson came up behind me—Mrs. Young was downstairs in the bar—I saw the prisoner come from the way of the lumber room, and go into his bedroom; I was standing at my bedroom door—he came out and went again towards the lumber room, and came back from that direction, he was away about two minutes—I could not see the door of the lumber room from where I was standing—he came back from that direction, and went into his bedroom, and I then went into my own room—the gas was full on in the prisoner's room—two or three minutes after that I heard a crackling noise, my door was shut—I went on to the landing, and saw flames coming from the lumber room; I screamed "Fire"—the prisoner's room door was wide open, and I saw him washing his hands at his washing stand—he came on to the landing and said "What are you making a fuss over? what are you screaming for?"—I didn't say anything, but ran downstairs screaming—the prisoner was dressed the same as he was in the bar, with his apron on—he came downstairs behind the barmaid and me into the bar, Mrs. Young was down there—the potman and servant came down last—I didn't see them on the landing when I came down—I knew the potman was upstairs—Mr. Young was still out—there is no gas in the lumber room—about five minutes after 10, after the house was closed, before I went upstairs, I was in the bar, and the prisoner asked me what time father would be home; I said I didn't know—he then asked me why I didn't go to bed; I made him some abrupt answer and walked away—he asked me twice why I didn't go to bed. Cross-examined. The potman gets to his room through the lumber-room, he cannot get any other way—he uses a candle in a common candlestick; I have not seen him use it, but I know it is used; I cannot say whether he lights it downstairs—I cannot say how long the potman had been there, I had only been there from the Friday, from the Shakespeare, I know he had not been there long—I did not know he was under notice to leave or that he had given notice—I had only seen the prisoner once before—I called him John, and he called me Kate—I was all right with him—he seemed rather in a temper with my father on the Sunday night; I could not say whether my father was in a temper—there had been some words about the potman making signs to the prisoner in the bar while the place was open; before that there was no ill-feeling between the prisoner and my father as far as I know—it was about 11 o'clock when I went up to bed; I did not say before the Magistrate it was between 10 minutes and a quarter past 11; I know it was after 11, but I could not say positively—I went upstairs about five minutes after Miss Bellinger, and I had some conversation with her at her door—Miss Elson came up after me—I spoke to Miss Bellinger at my bedroom door; we were all three standing together at first; Miss Bellinger went to her room, and Miss Elson and I stood talking together—my gas was alight, I think, turned down low—the servants' room door was open; I think their gas was alight—I saw the prisoner come from the way of the lumber-room; if he had been to the potman's room that would be the way he would come—I did not say a word to him—there was no gas on the landing, but the prisoner's gas was full on, and that lit the landing opposite his door; we could see very well—he said nothing to me nor I to him—I shut my door after me when I went into my room, and it might have been two or three minutes after that I heard the crackling noise—I then came out and cried "Fire!"—I cannot say whether the servants' room door was open then—I stood on the landing screaming till I saw the others come out of their rooms—the prisoner was standing against the wall, he could see the flames then—I went downstairs first; I do not know whether the prisoner came next or not the servant and potman were last—I saw them all downstairs immediately after, there was hardly a second or two between us—I cannot say how long it was before the potman and servant came down, it was not long, I was too excited to notice—I did not say anything to the prisoner after I cried out "Fire!"—I saw him washing his hands—I do not know that he uses glycerine. JESSIE ELSON . I am barmaid at the Lord Napier—on Sunday night, 17th January, after I had had my supper, I went upstairs to go to bed; I followed Miss Young up—when I was standing by her on the landing I saw the prisoner come out of the lumber-room; I did not see where he went to—his room door was wide open, and the gas inside was full on—he was dressed in the same way as he had been at supper, with a white apron on—I came in after the others that night, and had my supper by myself—Mrs. Young let me in—on the landing I wished Miss Young good-night, went into my bedroom, and shut the door—my room was next to Miss Young's, the same as Miss Bellinger's—after I had been in my room about five minutes I heard the crackling of fire—I came out and saw the lumber-room was in a mass of flames—there was paraffin kept on the premises, on a shelf outside the bar; one lot was kept in a glass pickle bottle; I think there were two or three other bottles—I do not know who closed the house that night, I was out—the barman usually dosed it. Cross-examined I have been at the Lord Napier three years next June—the prisoner had been there about five weeks—he was barman—I do not know that he was first potman—I did not know him before—Province the potman had been there about a week—he left on the Monday, the day after the fire—I went into my bedroom after I had spoken to Miss Young at her door—the first thing I heard was the crackling of fire—I heard Miss Young cry out "Fire!" first, and then I heard the crackling of fire and smelt it—we all rushed downstairs together; I was so confused I could not say which went first—I did not see the prisoner after hearing the crackling; I did not speak to him or hear Miss Young do so—I believe there were three or four bottles of different oils in the house. ARTHUR FRANK PROVINCE . On Sunday, 17th January, I was potman at the Lord Napier—I had been there five days: I closed the house—I had supper in the kitchen by myself—I had just finished when the servant, Macdonald, came in; that was about half-past 10 or a quarter to 11—I left then to go to bed, leaving her in the kitchen clearing away the supper things—I took up a candle and candlestick with me—I passed through the lumber-room and went to my own room—I saw no one on the second floor when I went up; everything in the lumber-room seemed all right—I undressed, put out the light, and went to bed, and went to sleep—about a quarter-past 11 I was aroused by Mary Macdonald—when I awoke I saw the lumber-room in flames; my room was all right—the flames were just coming through the walls over the bed—when I went to bed I left my door about half open—I got out of bed in my shirt and followed Macdonald through the lumber-room; she was fully dressed—the lumber-room was in a full blaze, and the flames were going out of the window—I did not notice the flooring as I passed out—I had to jump through the flames to get through—I then went down to the bar-room, and got a pair of trousers and put on—I saw the prisoner and all of them downstairs—I was quite sober when I went to bed—I had been on duty attending to my work that night—I was sent round to the Shakespeare—Mr. Young had returned when I got downstairs; he was at the gate—there was some paraffin in a brandy bottle on the shelf in the passage, and about half a pint of colza oil in a pint champagne bottle—I had seen those bottles on the Saturday night, the night before—the day after the fire I left the house—I could not say whether the bottles had been interfered with at all—on the Saturday night before Mr. Young went out there had been a few words; I was making a motion to the prisoner across the bar—Mr. Young asked me what it was—I said it was respecting a fire in a private box at the other side of the bar—he thought it was to obtain drink, and he went and spoke to the prisoner—I did not hear what he said. Cross-examined. He asked me what I was signalling about; the pri soner being rather deaf I motioned to him whether I should make up the fire, that was all—there were no words between me and Mr. Young, on the Saturday; nothing was said about my leaving—I never went back after the fire; I had been up all night and was excited, and next day I had a glass too much, and Mr. Young sent me home—the prisoner seemed perfectly sober that night—he generally helped me close the house; I believe he did so that night—when I went upstairs I took a light from the kitchen, which I put on a chest of drawers—everything was all right then. MARY MACDONALD . I am servant at the Lord Napier—on this Sunday night I was the last to go upstairs to bed—Mrs. Young was down in the bar; she was always down late-at night—all the rest had gone up—when I got up I saw the prisoner standing at the back of Miss Young—I did not hear anything said—I went into the lumber-room and saw flames rushing out of the door as I entered—Miss Young was screaming out "Fire," and the prisoner was standing at the back of her on the landing, and Miss Elson said to him" Oh, you wretch, what have you done?"—knowing that the potman had gone up to bed, I called out "Oh, Frank, wake up, you will be burnt to death directly"—hearing no reply, I put my hat before my eyes and rushed into the potman's room, and pulled him by the shoulder, and said "You will be burnt if you don't get up"—he was asleep—I then came running back to his door to get out; by this time the flames came into the room, and seeing, he was not out of bed I went and pulled him out of bed and rushed out again—he had nothing on but his shirt, just as he had got into bed—I came out through the lumber-room as quick as I could, and he followed, and I ran downstairs into the bar—I saw the prisoner in the bar, and Mr. Young said to him "Open the door and let the women out"—the pri soner said "That is the potman's place, not mine"—Mr. Young shoved him back, and called him a cowardly wretch, or some such words, and he opened the door himself, and we all got out and went round to the Shakespeare. Cross-examined. When I got up to the top I first saw Miss Young on the landing screaming "Fire," and the prisoner stood at her back and Miss Elson—I did not see Miss Bellinger to my knowledge—I think they were all downstairs by the time I got down, but I could not tell; I was excited—there was a good deal of flame when I got up to the top—it was a bluish flame coming out of the door, and a good deal of crackling and a good deal of noise—I went into the potman's room, because I knew he was only fresh in bed—I thought at first that perhaps the fire might be extinguished, but when I got no reply I rushed in, thinking he must be asleep—I had gone out that evening at a little after seven, and came in at half-past 10—I saw the potman at that time—he had just done his supper, and was going up to bed as I came in—he was quite sober, I could not see anything wrong—I had been to my mother's—I had not had anything to drink—the potman was asleep when I went into his room—I shook him and screamed—it took a good deal of shaking to wake him—there was no light in his room. SARAH YOUNG . I am the wife of James Young, the landlord of this house—after the house was closed, about half-past 10, the prisoner went up to supper with the rest of them—I remained down in the bar by myself—about a quarter or 20 minutes to 11, while I was in the bar, the prisoner came down—he did not see me, because a cask was there, until he came into the bar—he had finished his work and had no occasion to come down again—he said nothing when he saw me—he walked round the other side of the bar and took up a small lemon and stood there—I said "John, why don't you go up to bed, I expect the master home every minute, he will wonder what you are doing here?"—he then bid me good-night and walked upstairs—about a quarter of an hour afterwards I heard screams at the top of the house, "Come up, the house is on fire, they have set the bedroom on fire"—I was running upstairs when my husband rang the bell, and I went and opened the door, and they all came downstairs. JAMES YOUNG . I am landlord of the Lord Napier—on this Sunday night I went out about 7.30—I returned about 8.30, and as I came in I saw some semaphoric signs pass between the prisoner and the potman—I thought it was the potman asking for drink—the prisoner is not very deaf, it is a little put on—I asked him what was the meaning of these signs—he said the potman was asking him about the fire—I went round the bar and looked at the fire, and found it had been recently made up, and consequently did not require any attention—I then went to the potman—the prisoner followed me—I asked the potman what he meant by passing signs to the barman—he said he was only asking for half an ounce of tobacco which he saw my daughter take the money for—the prisoner followed me round—I asked him why he was following to listen to what I was asking the potman—he said he had a right to hear what I was asking him—I ordered him to go to his duties at the bar—he would not go till I ordered him a second time; then he went behind the bar—I remained in the bar till 20 minutes to 10, when I went out, and did not return till a quarter past 11—a police sergeant came with me—the people were all downstairs then—the fireman came, and the fire was put out—the lumber room was a storeroom, properly speaking, for furniture, dirty linen, chairs, tables, Venetian blinds, and things out of use—it had been used in that way for the last nine years—I did not go into the prisoner's room that night—the following morning I did—I saw there a washing bowl with black water in it—I saw the prisoner on the Sunday night after I returned, after the fire—I said to him "What is the meaning of all this?"—he said "I don't know"—I said "Open the door and take the women and children with you, and go to the Shakespeare"—he said "It is not my place to open the door, it is the potman's place"—I pushed him up against the counter—he said "Don't push me '—I said "I will jump through you, you cowardly our," and I jumped over the counter and opened the door myself, and they all went away—after the fire had been subdued one of the barmaids made a communication to me, and the prisoner was taken into custody that night—I had in the house half a pint of colza oil mixed with a little paraffin, for the purpose of lighting a private lantern to go round the house with—it was kept in a bottle of Perrier Jouet's on a shelf at the back of the bar—I saw it there on the Friday evening previous—I searched for it on the Monday after the fire and could not find it—this ( produced ) is the bottle—I saw it last Saturday afternoon—the fireman Chinery discovered it and showed it to me—half a pint of colza oil had been bought on the Friday night—some was taken out, and a little over a quartern and a-half remained in it. Cross-examined. The label was on it when the fireman picked it up and showed it to me—it was among the rubbish in the lumber room, just behind the door—the fireman pointed out to me where he picked it up, there was no cork in it—there had been a cork in it when I used it—the label was on it, when it got dry it fell off—this cork has been put in it since—I had a character with the prisoner; his conduct had been fairly satisfactory up to the Sunday evening—at first he was potman and barman both, then I brought another potman and put him as barman only, and raised his wages from 12 s . to 14 s . a week, besides everything found—he was with a Mr. Brown before for a short time, that was where I received his character from—it was the prisoner's place to see that the potman closed the house securely—I did not give the potman any instructions after seeing the signals—he said, "You and I don't seem to hit it, I will, leave this day week"—I said, "Possibly you will leave before;" as a matter of fact I discharged him next day for being drunk—he was not drunk that night, but he had been drinking, both of them had—I saw signs of drink in the potman by his conduct, I have great experience of drunken people—I don't recollect that I had any reason to complain of the potman as to his insobriety, if I did it must have been something trifling—I returned with the sergeant at a quarter past 11; I had not then been told there was a fire, I was merely walking with the sergeant in ordinary conversation till we came to the corner—it was after the prisoner had been given into custody that I went into his room; I did not charge him, the police took him on the evidence of the barmaids—I did not send the prisoner to the Shakespeare, but I found him there—I refused to allow him to remain there; that was before I had any intention of charging him—I told the policeman to put him out—he returned to the Lord Napier later on in the morning, and I heard the inspector tell the constable to detain him till he examined the statements of the barmaids—that led to his arrest—it was the next morning that I saw the dirty water in his basin—I had not heard that he was seen washing his hands, the first time I heard it was at the police-court—I did not keep any of the water, I thought as the roof was off the black ness might be accounted for by the black from the timbers falling in, but I put my hands in and found it was soapy water—I don't know how it was that I did not mention it at the police-court, possibly I might have forgotten it. Re-examined. It was on the Sunday night that I could see the prisoner had been drinking, and the potman equally so, that was why I was annoyed, I thought the signs were for more drink; they were not drunk, they were both able to do their work, and they did it. By the COURT . There had been a little dishonesty among the establish ment while the prisoner was with me—I had not complained to him seriously; I might have complained, I can't recollect—his character was not extraordinarily good—I had no dispute of anything serious; I might perhaps have found occasion as to his work, but I can't recollect. WILIAM CHINERY . I was formerly a fireman under Mr. Braidwood—I was afterwards employed in the Salvage Corps—I went to the Lord Napier last Saturday to assist in going over the ruins—I went into the lumber room, where the principal fire was—in one corner I saw a board standing up in a nook, and on removing that I found this bottle; it had this label on it—I did not read it at the time, I showed it to my fellow-servant, Howell, who had charge of the fire—there was a cork in the bottle when I found it, just stuck in; there was nothing in the bottle—I afterwards showed it to Mr. Young; I did not smell it, I have not smelt it since. Cross-examined. I can't say that the cork now in it is the same—the bottle was shown to Mr. Young last Monday in my presence. EDWARD SMITH . I am chief superintendent of the West Ham Fire Brigade—on Sunday night, 17th January, about 11.30, I was called to the Lord Napier—I went up to the second floor—I found some rooms there on fire, the lumber room and the inner room, the potman's—both rooms were completely burnt out and the roof off—I noticed that the flooring on the landing had been burnt, and had the appearance as if some liquid had been used there—the fire was put out—I did not smell anything. Cross-examined. When oil is set on fire it smells very strongly—I searched the room after the fire; I did not see any bottle there—I was not made aware till next morning that the prisoner had been charged with setting the place on fire—I made the search as soon as the fire was over—I searched the potman's room—the whole of the furniture and the candlestick was burnt; I saw no trace of a candlestick. Re-examined. I should not expect to find a smell of oil after a good fire, the water would wash away the oil and anything—we had to use a steamer and stand pipe—it took about an hour to subdue the fire; we were there about two hours altogether; after that the Salvage men were left in charge—I don't say that I made such an exhaustive search as that there could have been no bottle there, I only went to see the damage that was done. By MR. HOPKINS . Both rooms were gutted, the heat must have been intense—it is quite possible that a bottle like this might survive the heat if it was in a corner—I think the label would show something, and the cork would show the heat—I should not be surprised if such a bottle was completely melted, and I should not be surprised the other way. By the COURT . There was debris left in the room—the whole of the flooring was gone, the rafters across were partially burnt, the iron bed stead had fallen through the floor, and on each side close to the wall there were pieces of flooring left—some debris might fall down and pro tect the corners from the heat. WILLIAM WEBBER ( Policeman K 38). On this Sunday night, about 11.30, I saw the prisoner in the Lord Napier—from instructions I received I told him I should detain him on suspicion of setting fire to the house—he said, "I know nothing whatever about it, we were all sitting at supper when the alarm of fire was raised"—I asked him who he meant by all—he said, "Kate, myself, and the rest of the barmaids"—I handed him him over to Sergeant Leeman, who took him into custody. Cross-examined. I recollect exactly what passed, I made a note of it at the time, which I have here—I made it about half-past 3, having de tained him there till the fire was over—I had nothing to drink, three-pennyworth was allowed after the fire was over at half-past 2 to the firemen and police engaged—I should say the prisoner had been drinking, but he was not drunk. SERJEANT LEEMAN ( Police Sergeant K R 2). On the night of the fire I was on duty near the Lord Napier—about a quarter past 11 I heard screams and rang the bell—Mr. Young was with me, he had walked about 100 yards with me—I went for the fire engine as quickly as I could—after the fire was extinguished I took the prisoner into custody; that was about half-past 3—I told him I should take him into custody for setting fire to the house; he made no answer at the time—at the station, when the charge was read over to him, he said, "I did not do it, neither do I know how it got on fire." THOMAS MORGAN . I was potman at the Rose of Denmark; I am now potman at the Lord Napier—on this Sunday I went to the Lord Napier at 10 minutes past 9 and saw the prisoner there; I knew him by going in there as a customer—I asked him how he was getting on—he said, "I am all right up till now, how are you getting on?"—I said, "I am all right up till now"—he said; "It will soon be all over by-and-by"—that was all that passed—I did not ask him what he meant. Cross-examined. I did not say "Has there been a bit of affair between you and the master?"—I do not know Province. WILLIAM WELLS ( Police Inspector ). On 23rd January I went to the Lord Napier and made this plan of the rooms, it is correct. Cross-examined. I went over the two rooms; they were burnt out, the roof was off—I stepped on the rafters, portions of the boards were left, no shelves—there were portions of a bed left and other things that had been burnt, it was almost difficult to know what they were—I should judge there had been intense heat—about a foot in width of the floor remained, not enough to walk round the sides of the room—in some places there might have been a little patch unburnt at the side, not more than a foot or so—I am speaking of the lumber room—the rafters were about 15 inches apart, they were only partially burnt—the things lay crossways on them—there was rubbish remaining piled up in different parts of the room, if it had all been scraped up there might have been a cubic yard, what I should call a cartload—I did not notice enough to see whether there was any place where a bottle might have lain hid; it is possible it might be behind some rubbish without me seeing it—if the label had been on the bottle at the time of the fire I should hardly have expected it to have survived—I went there for the purpose of taking the dimensions of the room and making this plan, not for any other purpose. GUILTY .— Twelve Years' Penal Servitude. The Jury expressed great praise of the conduct of the witness Mary Macdonald, in which the Court entirely concurred, and regretted that it had no power to order her a reward. The Sheriffs, however, presented her with 5 l ., and subse quently, Mr. Justice Denman having called the attention of the Society for the Protection of Life from Fire, to the case, they presented her with a silver medal and a donation of 5 l . Before Robert Malcolm Kerr, Esq. 316. EDWARD HALL (23) PLEADED GUILTY to stealing a watch and chain, the goods of George Hall , after a previous conviction of felony. — Eighteen Months' Hard Labour. And 317. GEORGE BREWER (62) and JOHN HARDY (29) to stealing two woollen shirts and three handkerchiefs, the goods of Henry Phillips . BREWER PLEADED GUILTY to a conviction of felony at Chelmsford in January , 1884, and HARDY to one at Chelmsford in November , 1882.— Eighteen Months' Hard Labour each. 318. JOHN COOK (52) , WILLIAM YOUNG (18) , and WILLIAM WEBB (17) , Stealing 2 1/2 cwt. of copper hoops, the property of the Queen . YOUNG PLEADED GUILTY . MESSERS. FULTON and GOODRICH Prosecuted ; MR. FORMAN defended Cook. ROBERT GOSLING WEBSTER . I live at 7, Thames Street, Plumstead, and am a labourer, and 17 years old—on Wednesday, 29th December, I was in the Rose and Crown, Plumstead, with the three prisoners—Cook said he would send a borrow in the morning to Griffin Row, Plumstead; I heard nothing more said; I had some drink, which Cook paid for, and went away. Cross-examined by MR. FORMAN. COOK said it to the two prisoners and me—I know I told a different story at the police-court, but what I have said is true—I said at the police-court that he said he was going to put it there in the morning—I have known Young and Webb about 18 months, and Cook about six—I said at the police-court "I have known them all about six months"—that was not true—I carried a box to the Red Lion; Cook was with me, and he called me into the Rope and Crown—I had been walking past his shop, and he asked me to carry the box for him—I had only spoken to Cook once before, when I said "Good morning"—I said at Woolwich that was the first time I had spoken to him that day—we all four went into the public-house together; I went out by myself—I do not know that Ada Smith said at the police-court that I went out with Webb, and Young and Cook remained behind. JAMES HALE . I am a blacksmith, and live at 17, Cage Lane, Plum stead—I am Cook's brother-in-law—on 31st December, about half-past 5, I left my barrow in Cage Lane for a considerable time; I was waiting for a van with potatoes to come; it did not come—I went home and had a cup of tea, and when I came back the barrow was gone—I made inquiries, and the next thing I saw of it was at the police-station. Cross-examined by MR. FRMAN. COOK did not ask me to take it there; I took it for my own business—Cook has always borne a very good character so far as I know—he has been a marine-store dealer for three or four years, and before that was a market gardener for 30 years; I should say ever since I knew him. WILLIAM CORSALL ( Policeman R 50). I live at Griffin Cottages, near the Arsenal—on 31st December, at a quarter to 7 a.m., I was in my garden—I saw Young and Webb in the Griffin Road, Manor Way—Webb came down the Manor Way first; then he ran back, and in a minute or two returned with Young, and they entered the ditch, which was then dry, outside the Arsenal boundary wall—Webb mounted on Young's back and climbed over the Arsenal wall—copper hoops were then thrown over to Young, who remained outside; that lasted about a quarter of an hour—Young started away with a load of copper hoops in a sack, and Webb followed with another sack full of copper hoops—after that I went to Griffin Road—I saw a coster's barrow, and the two prisoners with the two bags which I had seen them carrying off—I took them into custody with assistance, and took them to the station—when at the barrow I said "What do you say to this?"—they answered "I know nothing about it." Cross-examined by MR. FOREMAN . Cook was not there—the stolen pro perty was taken to the police-station, and did not go into Cook's pos session. WILLIAM LOCOCK ( Policeman RR 202). I assisted the last witness on 31st December to take the prisoners into custody—I searched the ditch under the Arsenal wall, and found about 20 hoops there—the barrow was taken to the station. Cross-examined by MR. FORMAN . I assisted in taking Webb and Young into custody—Cook was not there. WILLIAM PAGE . I am foreman at the Arsenal—I have seen a quantity of old copper hoops similar to the one produced by the constable, which I have identified as the property, of the Government by the broad arrow marked on them—their value is two guineas per hundredweight—there are 6 1/2 cwt. of the value of about 4 l . 15 s .—they were stored inside the Arsenal—some had been there only since last month—they were lying on the ground covered by a tarpaulin, and were about 8 yards from the Arsenal wall—I examined the heap the day after, 1st January, and found some hoops had been taken away from the outer side of the stack; the tarpaulin had been disturbed—I have never sold any copper hoops to Cook. Cross-examined by MR. FOREMAN . The hoops were put there at different times—we took stock after the prisoners were found there, and we missed 9 cwt.; we took stock after the hearing before the Magistrate—they were used before May last—hoops like these are used only at Woolwich Arsenal; they were on obsolete powder barrels—we missed 9 cwt., and the police account for 4 1/2 cwt.—we found 19 tons on the spot when we took stock. CHARLES GALLON ( Policeman R 31). I am a gaoler at Woolwich Police-court—I took the prisoners Webb and Young to Clerkenwell—on the way Young commenced a conversation; I told him I did not wish to hear anything about it, but Young said the constable made a mistake in saying he pushed Webb over the wall, it was some one else pushed him over—a great deal more was said, it mostly referred to Cook. ( MR. FORMAN objected to the conversation as to Cook being given. ) Cross-examined by MR. FORMAN . I have lived in the same neighbour hood as Cook for some years; I have known him 13 years, and know nothing against his character—I have done duty at Woolwich Police-court, and should know if he had been there for felony—there is nothing against his honesty, only something for assault. MR. FULTON stating that he considered there was no evidence against Cook on this indictment , COOK — NOT GUILTY . WEBB — GUILTY YOUNG **†— Twelve Months' Hard Labour. WEBB **— Eight Months' Hard Labour. 319. JOHN COOK was again indicted for stealing 4 cwt. of copper hoops, the property of the Queen . Second Count, receiving the same. MESSERS. FULTON and GOODRICH Prosecuted ; MR. FORMAN Defended. WILLIAM PAGE . I am foreman at Woolwich Arsenal—on 4th January I went to Jacobs and Co., Newington Causeway, where I was shown 4 cwt. of copper hoops, which I identified as the property of the Govern ment by the broad arrow—there are similar hoops in the Arsenal close to the wall—none of them have been sold by public auction. Cross-examined. Some were sold by private tender about last Sep tember. WILLIAM YOUNG ( In custody ). I have pleaded guilty to being con cerned with Webb in stealing these hoops and other property from the Arsenal on 31st December—I have known Cook four or five years—on 30th December I had a conversation with him in the Rose and Crown; I had no conversation with him before that date—I know neither Brendshall nor Robinson—I see Cook every day, I live close to him—I had no conversation with him about hoops before 30th December. CHARLES EDWARD JAMES ROBINSON I live at 32, Creek Place, East Greenwich, and work for my father, who is a dealer in old metal and has a warehouse in Old Woolwich Road—we have had dealings with Cook in the ordinary way of business—on 28th December he came to our warehouse and said he had some old copper hoops to sell—we bought them, and entered the purchase in our books in the prisoner's presence—we afterwards disposed of it to Jacobs and Co., Newington Causeway—Levy is in their employment—Cook came to us the following day, and we bought more copper—he came to us again on the 30th—we bought the copper at the rate of 35 s . per hundredweight, and sold it at 37 s . 4 d .—I noticed nothing about it beyond that it was old copper. Cross-examined. I did not notice the broad arrow, there was nothing to show it was stolen property, without making a close examination—I did not know it was stolen—the broad arrow was on it—old Government stores are often sold privately or by contract, and we sometimes buy it—on the 28th December I bought 1 cwt. 2 qrs.; on the 29th 2 cwt. 1 qr. 41b., and on the 30th December 1 qr. 41b.—the same price was paid for all of it—I bought nothing after 30th December. EDWARD LEVY . I am in the employment of Jacobs and Co., 68, Newing ton Causeway, metal merchants—on 31st December I received four bags of copper hoops from Robinson of East Greenwich—my governor afterwards showed them to Page—these ( produced ) are similar hoops—I know nothing about the price we gave—I did not see the broad arrow when I took them in. Cross-examined. When the detective came round I opened the bag, and then I saw the broad arrow. GEORGE BRENCHLEY ( Police Sergeant R ). About 5 o'clock on January 2nd I saw Cook in his house Plumstead Road, and said "lam going to apprehend you for stealing and receiving copper hooping and other metals, the property of Her Majesty's Government; we have found a quantity was sold by you, and you made consignments to Robinson of East Greenwich on 28th, 29th, and 30th December"—he said "I will go quietly, I shall not give you any trouble; I admit it all; this is what drink has brought me to"—I conveyed him to the station, and after the charge was read to him he said "That was a mistake, I did not steal it, I admit receiving it; I did not look in the bags very much to see what they con tained"—he is a marine store dealer—I searched his premises in company with Lovejoy—I found no books such as a marine store dealer should keep. Cross-examined. I did not say "I charge you with receiving copper hoops, well knowing them to have been stolen;" he did not say at the police-station "I admit receiving it with guilty knowledge that it was stolen," nor any words to that effect. NOT GUILTY 320. CHARLES ATKINS (18) PLEADED GUILTY to feloniously breaking and entering the shop of George Bushell , and stealing one set of stock and dies, and two pairs of pincers, after a previous conviction of felony.— Eighteen Months' Hard Labour. 321. FREDERICK SMITH (28) , Unlawfully uttering counterfeit coin. MR. WARBURTON . Prosecuted ; MR. PURCELL Defended. MARY WILLIAMS . I am a widow, and keep a baker's shop and dairy at 48, Cornwall Road, Lambeth—on 17th June the prisoner came in for a two penny loaf and two ounces of butter, which came to 7 d ., and tendered a shilling—I put it in a copper bowl, as he had been there once before and tendered money which I did not like the look of, and then paid me with good money—after he left Thomas came across from the baker's shop and spoke to me, and I examined the money and gave it to a detective. Cross-examined. The former occasion was four months ago, but he was a regular customer after that. WILLIAMS SMITH THOMAS . I am manager to Mr. Smith, a butcher, of 71, Cornwall Road, opposite Miss Williams's—on 14th January, between 7.30 and 8, I served the prisoner with half a pound of steak, price 7 d .; he gave me a shilling—a communication had been made to me, and I knew by the sight of it that it was bad, and put it on one side, and after he left I broke it, sent some one after him, and communicated with the police—he was brought to the shop on January 23rd, and I gave him in charge, with the shilling. Cross-examined. The prisoner had been to the shop a great many times, but he did not come for three weeks afterwards—it was not given to me, but to my man, who is here. FREDERICH GRAY ( Detective L ) I took the prisoner on 23rd January at 52, Commercial Road, and told him the charge—he said, "I have never been to Mr. Smith's, my wife went in"—I said "You will have to come to the station"—he said, "No, I will go round and see Mr. Smith"—we went there and saw the manager who said, "That is the man who tendered the shilling to me"—I took him to the station and told him he would be charged with uttering a shilling to Mrs. Williams on the 17th—he said, "I have never been to Mrs. Williams's, let me go and see her"—I said, "She will come and see you," which she did, and identified him. Cross-examined. I told him the date, the 14th, and he said, "I have never been to the butcher's, my wife has been there"—he used the word never," but at the butcher's shop he said, "I did go in there the other day and got half a pound of steak." WILLIAM JOHN WEBSTER . These two shillings are bad, and from different moulds. GUILTY He then PLEADED GUILTY to a conviction at this Court in July , 1882, in the name of Edward Brown , of having counterfeit coin in his possession.— Eighteen Months' Hard Labour. 322. JOHN SMITH (23) , Unlawfully having counterfeit coin in his possession, with intent to utter it. MR. WARBURTON Prosecuted. FREDERICK GRAY ( Detective L ). On 19th January, about 6 p.m., I saw the prisoner in Kennington Road—he stooped down at some rail ings in a front garden, and we rushed across and caught hold of him, as he answered a description which we had—I said "What is your name?"—he said "Smith"—I said "You answer the description of a man I want for passing counterfeit coin in Kennington Road a few weeks back "—he said "Not me"—we took him to the station, and found 10 counter feit shillings wrapped up singly, and in his breast pocket two packets, one containing three and the other two counterfeit florins, separately wrapped, and a bad shilling—Sergeant Boswell handed me two packets, each containing two shillings, separately wrapped—I said to the pri soner "Where did you get these from?"—he said "I got them from a mate of mine three days ago"—afterwards he said "I got them from a coster selling oranges; he gave them me to mind." FRANCIS BOSWELL ( Police Sergeant ). I corroborate Gray's evidence—I found on the prisoner two packets, each containing two shillings, sepa rately wrapped up. WILLIAM JOHN WEBSTER . These coins are all bad. Prisoner's Defence. I am a costermonger—I did not find out what they were, till a week after they were given me. GUILTY .— Four Months' Imprisonment 323. HENRY THORNBURGH (27) PLEADED GUILTY to marrying Alice Chalk , his wife being then alive.— Four Days' Imprisonment. ADJOURNED TO MONDAY, MARCH 8 TH , 1886.

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CENTRAL CRIMINAL COURT Sessions Paper. GABRIEL, MAYOR. SEVENTH SESSION, HELD MAY 6TH, 1867. MINUTES OF EVIDENCE, TAKEN IN SHORT-HAND BY JAMES DROVER BARNETT AND ALEXANDER BUCKLER , Short-hand Writers to the Court, ROLLS CHAMBERS, No. 89, CHANCERY LANE. VOL LXVI Sess. VII - XII LONDON: BUTTERWORTHS, 7, FLEET STREET, Law Publishers to the Queen's Most Excellent Majesty. THE WHOLE PROCEEDINGS On the Queen's Commission of OYER AND TERMINER AND GAOL DELIVERY FOR The City of London, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION OF THE CENTRAL CRIMINAL COURT, Held on Monday, May 6th, 1867, and following days, BEFORE THE RIGHT HON . THOMAS GABRIEL , LORD MAYOR of the City of London; The Hon. Sir COLIN BLACKBURN , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; THOMAS QUESTED FINNIS , Esq., Sir ROBERT WALTER CARDEN , Knt., and WARREN STORMES HALE , Esq., Aldermen of the said City; the Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; JAMES CLARKE LAWRENCE , Esq., ROBERT BESLEY , Esq., and DAVID HENRY STONE , Esq., Aldermen of the said City; and THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer, and General Gaol delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court. SYDNEY HEDLEY WATERLOW , Esq., Alderman FRANCIS LYCETT , Esq. Sheriffs. ALEXANDER CROSLEY , Esq. HENRY DE JERSEY , Esq. Under-Sheriffs. CENTRAL CRIMINAL COURT . GABRIEL, MAYOR. FOURTH SESSION . A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age. LONDON AND MIDDLESEX CASES . 453. GOSALO PERIERA CALIDAS was indicted for wilful and corrupt perjury. Upon the opening of MR. SLEIGH for the Prosecution, the Court considered there was scarcely a case upon which a Jury could convict; no evidence was therefore offered by Mr. Sleigh, and the defendant was acquitted . 454. CHARLES LLOYD (21) PLEADED GUILTY to four indictments for feloniously uttering forged orders for the delivery of goods.— Confined Eighteen Months . 455. JOHN HALL (20) , to stealing sums of 4 s . and 5 s . of Cramer and Co ., his masters; also to feloniously forging and uttering a request for the payment of money.— Confined Eighteen Months. [Pleaded guilty: See original trial image.] 456. HENRY BARRETT (19) , to stealing llb. of iodide of potassium, 1lb. of scammony, and 3/4lb. of essence of bergamot, of Elizabeth Langton , his mistress.— Confined Twelve Months. [Pleaded guilty: See original trial image.] 457. SARAH CHEESEMAN (47) , to stealing fifty bundles of drop trimmings, value 100 l ., of William Henry Savage and others, her masters.— Judgment respited. 458. WILLIAM KIRBY (20) , to four indictments to stealing 148 gross of stay tapes and other goods of Henry Edmund Knight and others, his masters.— Confined Eighteen Months. [Pleaded guilty: See original trial image.] 459. THOMAS PEARCE JOHNSON (24) , to stealing an umbrella of Adolph Meyding. — Confined One Month. [Pleaded guilty: See original trial image.] 460. WILLIAM WHITE (44) , to feloniously setting fire to a stack of hay, value 70 l ., of Thomas Cordery .— Confined Twelve Months. [Pleaded guilty: See original trial image.] 461. WILLIAM DAVIS (25) , to stealing a basket and sixty dead mackerel of Thomas Staines , having been before convicted .— Seven Years' Penal Servitude: and [Pleaded guilty: See original trial image.] 462. FREDERICK LAING . (35) , to unlawfully obtaining money by false pre tences.— Confined Nine Months. 463. JOHN BARRETT (36) , MICHAEL SULLIVAN (30) , and HONORA BAYLEY (34) , Unlawfully assaulting John Peed and other constables in the execution of their duty. MR. POLAND conducted the Prosecution. JOHN PEED ( Policeman 404 K ). On Saturday evening, 6th April, about nine o'clock, I was sent for to the King's Head public-house, in Perrywinkle Street, Brook Street, Ratcliff; the landlord of the King's Head sent for me, and a man was given into my custody for breaking a square of glass—I told the landlord he had better summon him, and with that the man struck me in the chest—I then took him into custody for assaulting me—that was outside the house—I saw the three prisoners there—I was thrown down and dragged about twenty-five yards by my legs—I was kicked and bumped all the way—I still had hold of the man whom I first took in custody—when I was thrown down he was rescued from me—I went to the assistance of Sergeant Butt, who had Barrett in custody—Barrett had dragged me away from the man I had in custody—he knocked me down and knelt on my chest—he was punching me in the ribs—270 K came up and pulled him off me, and I then went again to Butt's assistance—we got as far as Stepney Causeway, and the mob began to throw flint stones and bricks at us—Barrett and Sullivan were there at the time—I did not see Sullivan do anything—I took a woman named Murphy in custody, who has since been discharged, and while I had her in custody Bayley picked up mud from the gutter and threw it in my face all the way to the station—I was smothered in mud from head to foot—several constables came up, and the three prisoners were taken into custody. Bayley. Q. Did you not take me outside the station? A. Yes—I could not take you at the time because I had the woman Murphy in custody. HERBERT BUTT ( Policeman K 62). On Saturday evening, 6th April, I was present when this disturbance took place—I was in uniform, and Peed also—I received information of a row in Brook Street, and went there—I saw a crowd—I made my way through it—I saw Peed on the ground and several on the top of him—I asked the crowd to disperse and let the constable get up—some one said they were determined he should not get up—I told them I should draw my staff—some one said, "If you do we will kill you"—I was then struck a severe blow on the back of the head—I got Peed up and took the man into custody, and forced my way through the crowd with him as far as Harris's Court, when I was knocked down and kicked several times by persons in the crowd; I got up, still keeping hold of my prisoner—I saw Sullivan throwing stones, one of them struck Sergeant Freestone at the back of the head—I called out to Sullivan, "You blackguard, leave off throwing stones"—he took another stone from behind him, threw it, and hit me in the forehead and knocked me down insensible; it cut me, here is the mark now—Barrett was there and took part in the disturbance—I received another blow with a stone at the corner of the right eye—I then lost the prisoner that I had in custody; Barrett got hold of him, trying to rescue him from our custody, and he was leaning over Peed when I first went up—I saw Bayley in the crowd, but I did not see her do anything—I was taken to a shop by some gentlemen, and attended by Mr. Ross, the surgeon—I have been off duty ever since—the cut laid bare the bone; it was about two inches in length. WILLIAM FREESTONE ( Police Sergeant K 58). On this Saturday night I went to Brook Street—I got half a brick on the chin, and another on the neck, and I was seized by three men—I said, "If you don't let me go I will draw my staff"—I did so, and made my way through them—I got into the middle of the mob—I found Peed and Butt on the ground, and about eight or nine upon them—I shouted out, "Stand off," two or three times—they would not, and I was ultimately obliged to beat them off—Peed and Butt then got up, and Sullivan threw half a brick at me, but I stooped—I said, "That will do for you, Mike "—as soon as I turned round I got another one, which cut my head, and laid bare the bone two or three inches—I bled a great deal—I turned round to look for Sullivan and he was moving off—I could not tell whether he threw it or not—in about half a minute afterwards I saw him at the left-hand side of the mob—he threw another brick, and hit Butt on the forehead and knocked him over—I am quite sure Sullivan threw it—I fought in the best way I could to keep the mob off as long as I could stand, I afterwards found myself in the doctor's shop—I was attended by a surgeon for three weeks—I did not gee Barrett do anything. ISAAC BRANSLEY ( Policeman K 111). I was present at the latter part of the disturbance—I saw Sullivan with half a brick in his hand, he threw it at Sergeant Butt, hit him in the forehead, and knocked him insensible—I took him into custody. Sullivan. Q. Was I not ten or twelve yards off when you took me? A. No—you were about four yards from me when you threw the brick, and I took you on the spot at the moment—you did not see me at the time—I did not strike you—we were forced to use our staves. CHARLES STROUND ( Policeman K 270). I saw a large crowd in Brook Street—I went up and found Peed down on his back in the gutter, and Butt on his back in the middle of the road, about three yards from him—Barrett was kneeling atop of Peed, and several of the mob were kicking him—I was in uniform—I pulled Barrett off Peed, and assisted Peed up; I told him to go to the assistance of Butt, and I would take Barrett into custody—Barrett said, "I will see you b—before I will go with you"—several others gathered round and said I should not take him—I then drew my truncheon and said, "The first man that interferes with me in the execution of my duty, I shall strike him"—some one in the mob, said, "You had better go with him quietly"—I then fought my way through the mob with Barrett in custody—he did not resist after I got him out of the crowd—I took him to the station. Barrett. Q. Was I not standing on the kerb with my hands down by my side when you took me into custody? A. No—you did not pay you would take my number—I did not see Sullivan or Bayley. BARRETT and SULLIVAN — GUILTY .— Confined Twelve Months BAYLEY — NOT GUILTY . 464. WILLIAM JOHNSON (32) , Robbery with violence upon man unknown, and stealing an umbrella, his property. HERBERT STMONDS . I am a tin-plate worker, at 69, New Compton Street—about eleven o'clock on the night of 21st April, as I was coming round the corner of Great Russell Street into Bloomsbury Street, I saw the prisoner searching an old gentleman, quite grey-headed—he had him by the waist, and was scrimmaging about him—I hastened up and was within a yard of them when he wrested the umbrella from out of the old gentle man's hands, and threw him down on the pavement—I gave chase to the prisoner through several streets—I could not run as quickly as he did—the constable took him, and I met him and the policeman coming back again—I told the constable what he had done, and he was taken to the station—we went to look for the old gentleman, but could not find him—we found the umbrella in the railings of a false area, in the direction the prisoner ran—he threw it away while I was chasing him—the prisoner said at the station that he had had a quarrel with two chaps, that they wanted to do something to him, and he was running away from them. Prisoner. Q. Did you lose sight of the man you were running after? A. Just as you went round the corner I lost sight of you, but before you were at the end of the street I caught you again—I am sure you are the same man, by the billycock hat and the coat done up in that style, and everything—I was within a yard of you when you threw the old gentle man down—he was a helpless old man, and you threw him down by sheer strength—I kept sight of you all the way except at the corners of the streets. WILLIAM FARLEY ( Policeman G 169). On 21st April I was on duty in the neighbourhood of Bloomsbury—I saw the prisoner run by me, he crossed the street—I heard some one call out, "Stop him"—I gave chase to the prisoner, and stopped him in Southampton Street—I said, "What are you running for?"—he said, "I had a quarrel with two men, let me go"—I told him I did not believe him—I was taking him back in the way he ran, and met the last witness, who told me he had thrown an old man down—the prisoner said he did not, he had had a quarrel with two men—I took him back to the place where the witness said the old gentleman was thrown down; he was gone—I took the prisoner to the station, then went and searched the streets in the way he had run, and found this umbrella over some railings in Market Street—next morning the prisoner said, "What a fool I must be to run after that man in front last night!"—there was no man running but the prisoner, the witness was some distance behind. Prisoner. Q. Did I make any resistance? A. No, you were too much out of breath—I have not been able to find the old gentleman. Prisoner's Defence. I was walking up one of the streets; I had had a drop to drink; I heard a man sing out, "Stop him!" I was running. As for seeing the old gentleman, I did not, nor take any umbrella. I know nothing of it. GUILTY .— Confined Four Months . 465. JOHN SHEPHERD (24) and DENNIS BRYAN (21) , Steal ing a handkerchief, a thimble, and 6 s . in money of Walter Fox , from the person of Catherine Fox . SHEPHERD PLEADED GUILTY .— Confined Six Months . CATHERINE FOX . I am the wife of Walter Fox, bootmaker, of 33, Church Street, Shoreditch—on 22nd April, between seven and eight in the evening, I was standing at my door when a band was passing—Shepherd stood convenient to me at my door while the band was passing—he put his hand into my pocket and took out what was in it, a pocket handkerchief, a silver thimble, and between 5 s . and 6 s . and some coppers—I laid hold of him by the collar of his coat, when the money dropped—he said, "What have I done?"—I said, "You have robbed me of my money"—he said, "No, I have not, let me go"—I said, "No, not while I have life; I will give you to the police"—I held him until assistance came belonging to the society where my husbaud was passing—my husband came up, and we gave him to the police—I did not see the other prisoner. WALTER FOX . On 22nd April, in consequence of some information, I ran towards the door of my house—I saw Shepherd in the grasp of my wife—I asked her what he had done—she said he had robbed her—I laid hold of him—shortly afterwards Bryan tried to rescue him—I did not hear what he said, only "Let go" as he was trying to rescue Shep herd; he put his hand to my breast, I tried to push him away from my grasp—one of the society came up, and he was given into custody. WILLIAM BYRNE . I am a labourer at Green's Yard, Upper East Smith field—I was in the procession passing by Fox's house, and saw Mrs. Fox having hold of Shepherd—I saw Bryan run up and try to rescue Shep herd—I went and took hold of him. JOHN ISAACS . I live at 3, John Street, Cannon Street East—I saw Mrs. Fox having hold of Shepherd—I helped to hold him—Bryan came up and said, "Here is a pogue on him"—I saw him snatch the medal from Fox—he tried to rescue Shepherd—I helped the constable to secure him, and he kicked me a good deal. JOHN REEVE ( Policeman H 105). On 22nd April I was on duty in a back street in Shoreditch—I saw a band pass—directly after I saw a mob rushing the other way—I ran down, and when I got to the corner I heard a cry of "Rouse"—that means rescue the prisoners, or something of that sort—there was a gang of thieves there—I saw the two prisoners struggling with the prosecutor and Isaacs—I took both in custody, one by each hand, and kept them in custody till I got the assistance of another constable. Bryan's Defence. I'was coming through the street, and saw a mob of persons, and a lot of people saying, "Let him go." I shoved up against this gentleman and said, "Let the man go; what has he done?" I never kicked the man; the policeman and the other man were kicking me. BRYAN — GUILTY . He was further charged with having been convicted in August, 1865; to this he PLEADED GUILTY .— Seven Years' Penal Ser vitude. 466. EDWARD SMITH (28) , Feloniously wounding James Ellis , with intent to do grievous bodily harm. MR. STARLING conducted the Prosecution, and MR. MONTAGU WILLIAMS the Defence. MARY ANN HOWARD . I reside at 13, Hayward Street, Shoreditch—on Saturday night, 6th April, I was at the Red Lion public-house—the prisoner came in while I was there; he was not quite sober—we had a few trifling words—I called to James Ellis, and he interfered—I believe they went outside—I afterwards saw Ellis in the chemist's shop, with his head bleeding—I don't know whether he had any wound before he went outside; I did not see any. Cross-examined. Q. You did not see when he fell down by the door? A. No. THOMAS TOLLIDAY . I am a bricklayer, of 1, Elm Cottages, Kings land Road—on 6th April I was in the Red Lion public-house—Ellis and the prisoner were there—an altercation took place between them—I saw them come out and scuffle; they went down, the prisoner atop of Ellis—as they got up I saw the prisoner draw a knife and strike him on the top of the head with a hacking knife; the blood began to flow—a man named Brown came and caught Ellis—the prisoner made his escape and took refuge in the dining-rooms opposite, and was apprehended by 131. Cross-examined. Q. Did you see Ellis fall against the door? A. No—he was two feet from the door; I did not see a man named Ware there—Ellis did not strike the first blow—I have not said so. ( The wit ness's depositions, being read, stated: —"I did see Jem Ellis strike the first blow.") I did not say so—I have never told anybody that I did not see any knife. JOHN BROWN . I am a looking-glass maker in the Hackney Road—on 6th April I was at the Red Lion public-house, and saw Ellis and the pri soner on the ground—when Ellis rose from the ground he staggered back wards and said, "I am stuck in the head"—I asked him who did it—he said, "That man"—I saw no knife and no blow struck. Cross-examined. Q. Did you see Tolliday there? A. Yes—he was on the other side of the bar—I saw an iron bolt in the door with a piece of broken iron in it, projecting—I have seen it three or four times since this occurred—I can't say whether Ellis fell against that—I did not see him till he was on the ground. James Ellis. I am a painter, and reside at 14, Ely Street—on 6th April I was at the Red Lion; I was sober—the prisoner was there—Mary Ann Howard called to me for assistance—I went to her assistance, and tried to prevent the prisoner striking her—he was in the act of striking her, and I received the blow on my face—we struggled and fell between the counter and the door—I was picked up by some one, I can't remember who—we got outside, and then saw the prisoner rush into the eating-house opposite—I was bleeding, and was taken to a chemist's to have my head dressed—I first found that I was bleeding as I was getting up from the struggle; that was after he had struck me—I felt the blow as I fell down—I could not say whether I struck my head against the door as I fell. Cross-examined. Q. I believe you said at the police-court that you did not wish to press the charge? A. I did. EDWARD PITTS ( Policeman N 131). On 6th April I saw a crowd in front of the public-house, and saw Ellis bleeding from the head—I went to the cook shop opposite and took the prisoner into custody—I told him a person was stabbed, and I should have to take him to the station—he said he sought refuge in the cook shop from the crowd. Henry Sedgwick. I am a surgeon, of 79, New North Road—on 6th April I was called to Ellis—he had a wound across the top of the head, extending from the inner front part of the ear directly across—it was about three-quarters of an inch long—it was a long incised wound, but in the middle slightly lacerated; the two ends only were incised—it must have been done with a blunt instrument of some kind—I should not think a broken bolt of a door would do it; the head of a screw might, or a blunt knife. Cross-examined. Q. If he had fallen sideways against a jagged piece of iron, would not that have done it? A. I can't say; a very sharp pointed piece of iron would have done it if it was parallel to the head—I have since looked at the bolt and found a screw projecting about three-quarters of an inch—the head of the screw projects about half an inch—that was the most likely thing to cause it. Witness for the Defence. DANIEL ATKINS . I keep the Red Lion, at Hoxton—I saw the prisoner and prosecutor struggling at my bar and locked in each other's arms—I saw no knife in the prisoner's hand; if he had had one I must have seen it—I saw them fall, and the prosecutor's head went against the bolt of the door; it made me shudder at the time—it was a violent fall—there were about fifty persons in the house. NOT GUILTY . 467. ALFRED RAYNER (33) PLEADED GUILTY to unlawfully utter ing counterfeit coin.— Confined Eighteen Month . 468. JOHN MATTHEWS (33) was indicted for a like offence. MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution. EMMA TAYLOR . I am barmaid at the King's Head and Eight Bells, Cheyne Walk, Chelsea—on 27th March the prisoner came for threepenny worth of brandy and a twopenny cigar—he gave me a crown—I gave him change, four shillings, a sixpence, and a penny—I laid the crown on the sideboard with other silver, but there was no other crown—lie went away directly—I went to dust the sideboard, and found that the crown was bad—I laid it on one side, and showed it to Potter next day, and gave it to him on the Sunday following—I marked it with my initials—I had no other crown during that time. Prisoner. Q. Did not you say that you put it with other silyer, and the master took the other silver away? A. No—I did not say that I put 4 s . 6 d . of my own to the master's silver, so that he should not know it. SARAH RUTH LEWIS . I am the wife of Edward Lewis, who keeps an outfitting shop in Park Walk, Chelsea—on March, about half-past nine in the evening, the prisoner came in with a woman and another man—the gas was alight—the other man bought a powder puff for 6 1/2 d .—he gave me a crown—I put it away and gave him the change—I had no other crown, there—the man and woman went out, taking the puff with them; the prisoner then asked for a puff of the same description—I put one in paper, and he gave me a half-crown—I asked him if he had a halfpenny, and, having a suspicion, I put the coin in the detector and broke it in two—I held it up and asked him if he knew what he had given me—he said that he never had given it to me—he took it and kept it, but I kept a piece of it, which fell behind the counter, and gave him in charge—I afterwards found that the crown was bad—the prisoner said that he had never seen the other mau before, but if I liked he would run after him. Prisoner. Q. Was the man in the shop when I came in? A. Yes and the woman; you followed them in immediately. JOHN POTTER ( Policeman 146 T ). The prisoner was given into my cus tody by Mrs. Lewis with a small piece of a bad half-crown—I found on him a florin, nine shillings, and two sixpences, good money. JOHN POTTER ( Policeman 162 T ). I received this crown ( produced ) from Mrs. Lewis. WILLIAM WEBSTER . I am inspector of coin to her Majesty's Mint—this is a fragment of a bad half-crown—these two crowns are bad and from the same mould. Prisoner's Defence. I know nothing about the charge of 30th March. I never was in Chelsea on Saturday night. I put down a florin to pay for a scarf, and the man said that it was a bad half-crown. I said that it could not be, for I had not a half-crown in my possession. GUILTY .— Confined Fifteen Months . 469. ANNE WARD (28) was indicted for a like offence on 25th Fe bruary . Second Count , for another uttering on 13th April . MESSRS. COLERIDGE and STRAIGHT conducted the prosecution. WILLIAM DAVIS . I am assistant to Mr. Howell, of Rochester Row, West minster, stationer—on 23rd February I serred the prisoner with some note paper and envelopes, which came to 4 d .—she gave me a bad half-crown—I told her it was bad, and asked her where she got it—she said she was an unfortunate, and a gentleman gave her 5 s . that afternoon—I said, "Well, look; perhaps the other one is bad"—she said, "Oh! I have been home to tea"—a policeman came in and I gave her into custody with the half-crown. WILLIAM TAYLOR ( Policeman 231 B ). I received the prisoner and this half-crown—she said that a gentleman gave it to her—she was taken to the police-court, remanded, and ultimately discharged—she gave her name Mary Morton. THOMAS COLLINS . I am a butterman, of 84, Hill Street, Lisson Grove—on 9th March a female came in, wearing a veil which concealed her face—she asked for a quarter of a pound of fresh butter, which came to 4 d ., and gave me a bad florin—I asked her where she got it—she said she did not know—I called in 211 D and gave him the florin—he broke it and threw it away—I let the prisoner go—on 13th April she came again between nine and ten in the evening—she came again for half a pound of beef sausages which came to 3 d ., and gave me a florin—I tried it and found it vry soft—the prisoner saw me bending it and said, "Do not bend it, I can pass it at the butcher's"—I gave her in custody with the florin, but before that she opened her purse and 1 saw several florins in it. Prisoner. I did not ask you to give it to me back, that I might pass it again; I said, "I know where I got it, and can get it changed." Witness. I am sure you said, "At the butcher's." CHARLES PASSMORE . On 9th March I was at Mr. Lewis's shop and saw the prisoner there—she lifted her veil and I recognised her—Mr. Collins gave me a bad florin—I bent it between my teeth—it was very soft, and I broke it in several pieces and threw it down on the dust—I have not the least doubt the prisoner is the person—she lifted her veil as she went out. Prisoner. I deny being in the shop before—it is a great falsehood. Witness. I identified you at the station before I saw the prosecutor. THOMAS DORKINS ( Policeman 218 B ). On 13th April I received the prisoner in charge, with this florin—as we went out at the door she turned round and passed her right hand over my right shoulder; she had something in her hand—there were 400 or 500 people there, and she threw something in the direction of the crowd—I afterwards searched, but found nothing—at the station she gave up a good florin, a purse, and a farthing—she gave her name Annie Ward, but would not give any address. WILLIAM WEBSTER . These coins are both bad. The prisoner produced a written defence, stating that she did not ask Col lins to give the coin back, which, was given to her by a gentleman, and denying being in the house before. GUILTY .*— Confined Twelve Months on the First Count, and Twelve Months on the Second, the second sentence to commence at the expiration of the first . 470. JOSEPH ROGERS (19) , JOHN GREEN (16) , and ROBERT SOAMES (16) PLEADED GUILTY to burglariously breaking and entering the dwelling house of Richard Matthews , and stealing therein twelve shil lings in silver and copper, his property . ROGERS **— Seven Years' Penal Servitude. GREEN .— Confined Fifteen Months. SOAMES .— Con fined Twelve Months. 471. JOHN BEARD (18) was indicted for stealing an order for the payment of 585 l . 18 s . 10 d ., and two pieces of paper, the property of William Martin . Upon MR. POLAND'S opening of this case the Court was of opinion that it was too slight to go to the Jury. NOT GUILTY . 472. JOHN BEARD was again indicted for stealing a deed and a power of attorney of Henry Horatio Wetenhall . MR. POLAND conducted the Prosecution, and MESSRS. SLEIGH and STRAIGHT the Defence. TIMOTHY CARROLL ( City Police Constable ). On the night of 12th April I was on duty in Wood Street, Cheapside, in plain clothes—I saw the prisoner there; he was coming out of one of the doorways in Wood Street—I saw him go into another one, and, having suspicion of him, I watched him—I saw him go into several doorways; I got into a doorway myself—I saw him put his hand into a letter-box—I further watched him into Cheapside—I then saw him put his hand into the letter-box of Mr. Fos ter, wine merchant, at the corner of Bread Street, Cheapside—I watched him from there down Cheapside to Bow Lane—in Bow Lane I saw him go into two doorways—I could not see what he did there, because it was dark—I followed him down Bow Lane to the corner of Watling Street—I went up to him and told him that I was a police officer, and I should take him into custody on the charge of attempting to steal letters from letter-boxes—he said nothing—I took him to the station, searched him, and found on him a rough draft of a will, a power of attorney, and a letter directed to Mr. Muter, 17, Pinner's Hall, Old Broad Street—he was asked how he come there—he said he was waiting for a young man named Walker, who worked at Sturt and Sharp's, Wood Street—I found on him some circulars of Beard and Son, 17, Pinner's Hall; he said they were his father's—he was asked by the inspector to give an account of the power of attorney—he gave no account of it. Cross-examined. Q. Did he tell you that he had an appointment with Walker? A. Yes—he did not say that while he was waiting for him a man came up and asked him if he could direct him to a tobacconist's shop, and told him that he was very hard up for money, and asked him to lend him half a crown till Monday—he said at the Mansion House that he bought it for half a crown, as it bore a five-shilling stamp—he did not say that on the night he was taken into custody—there was no one else present but my self when I took him into custody—he said what I have stated—he did not say at the station-house that he had got this from a man in the street—the inspector was present there, the acting sergeant, and the re serve man; they are not here—I found a person named Walker at Sturt and Sharp's; I have subpœnaed him and he is here—I did not see the prisoner near their door at all—I saw him at 115, Wood Street—Sturt and Sharp's is No. 89. MR. POLAND . Q. Who was it said that he had bought the five-shilling stamp for half a crown? A. The prisoner said that. JURY . Q. You say the prisoner put his hand into the letter-box; was it a letter-box that a person could put his hand in and take anything out? A. Yes—I examined the letter-boxes afterwards; one of them was five inches and a quarter long and half an inch wide, so that I could have put my hand in—I do not know the depth of the box—I saw his hand in two boxes. HOLMES GORE . I am assistant clerk to the Lord Mayor—I took the depositions when the prisoner was examined on this charge on the first day—after the examination had been taken, Alderman Carter was about to remand the prisoner; it was suggested to the Alderman that he might perhaps give some explanation, and I think the Alderman said, "Should you like to say anything? I am about to remand you"—I took down what he said—I am trusting to my memory, and I believe I have a good one to trust to—he said, "What I stated to the officer is quite correct; there have been four letters wrongly addressed, delivered at our place lately; that post-letter is one of them"—a remark was then made by the Alderman about the papers, and the prisoner said, "I purchased the deed of a man in the street for half a crown, observing that it bore a five-shilling stamp, and thinking it was of greater value." Cross-examined. Q. Is not this what he said, that he lent a man half a crown on the security of the deed? A. No—I am positive that he used the word "purchased" or "bought"—he said nothing before the Alderman except what I have stated—I heard him make no other statement. ANN SELINA HARTREY . Early in April last I was staying at Albert Villas, Gloucester, on a visit—I live at 2, Park Villas, Plumstead Common—I received this power of attorney by post, about the 4th or 5th April, filled up ready for execution—I executed it in the presence of Miss Howell and Mr. William Henry Howell—it was then put into an envelope, sealed, and directed to Mr. Wetenhall, 13, Copthall Court, London, and was given to Miss Howell's servant to post—I was told on my arrival in London that it had not been received. MARY THOMAS . I am servant to Miss Howell, of Albert Villas, Glou cester—on the 5th April a letter was given to me by Mrs. Hartrey—I do not remember to whom it was addressed—I posted it—it was rather a long letter, with two stamps on it. GEORGE ARTHUR MASON . I am clerk to Mr. Wetenhall, stock broker, 13, Copthall Court, London—this power of attorney was sent out from our office to Mrs. Hartrey—we never received it back, and heard nothing of it till the prisoner was in custody—it contains the address of H. H. Weten hall, Stock Exchange, and Mrs. Hartrey's address at Plumstead—we had a letter-box in the street door at our place, into which letters were put— the housekeeper opened it every morning, and separated the letters—we have since had that letter-box removed and a new one pat—this is the letter box ( produced )—it was a general letter-box for all the offices. TIMOTHY CARROLL ( re-examined ). The pavement in front of Mr. Foster's premises in Cheapside is about seven feet wide, and there is a lamp almost opposite the door; where I saw him put his hand distinctly into the letterbox was at 123, Wood Street, where there is a lamp directly over the door—I followed him for the purpose of substantiating my charge, to see him take a letter out of the box—I did not see him do so, on account of some of the doorways being dark. The prisoner received an excellent character. NOT GUILTY . 473. JOHN BEARD was again indicted for stealing eight pieces of paper of Joel Emanuel . MR. HOLMES GORE repeated his former evidence. JOEL EMANUEL . I am an attorney at 5, Austinfriars—about 9th April I sent a rough draft of a will to a client at Southampton—I never saw it again till it was brought to me by the detective—this is it—here is also a letter attached to it, dated 10th April, in my client's writing—posted the letter myself. TIMOTHY CARROLL . ( The evidence given by this witness in the last case was read over and assented to by him. ) The prisoner gave no account of these papers—he was asked about them—these letters were not attached to the draft will when I found it—they were loose in his pocket among other papers—I pinned them together—they were found on him, and this draft will also; I have examined the letter-box at Mr. Emanuel's, and measured it—it is 5 1/4 inches long and half an inch wide—I could put my hand in it. Cross-examined. Q. Do you mean that you could put your hand right into the letter-box? A. Not into it, but quite inside the hole. In the absence of any evidence as to the receipt of, or transmission of the letter from Southampton, the Court was of opinion that there was no case to go to the Jury. NOT GUILTY . 474. JOHN BRYAN (20) and RICHARD BRYAN (20) , Feloniously wounding William Izzard , with intent to do grievous bodily harm. Second Count, with intent to prevent the lawful apprehension of John Bryan. MESSRS. POLAND and BESLEY conducted the Prosecution. THOMAS SAMUEL ELVIN . I am a general dealer, and live at 50, Went-worth Street, Spitalfields—about half-past four in the afternoon of 4th April I was going down George Yard, Whitechapel, with my barrow—I had some Dutch plaice on it for sale—four men came up to me, the two prisoners were two of them, and there was Thomas Gough and another not in custody—before they came to me they said, "Let us throw his fish oft his board, and if he says a word to us we will punch his head"—Richard Bryan and Gough said that—Richard Bryan came up to the plaice, took it off, and threw it into the road, and Gough as well, and the other two; the four of them—there was some in a basket in mj barrow—they threw that off, and threw some right in my face—I was nearly opposite a lodging-house, between that and Mr. Adey's, the wheelwright—I shoved them away and said, "Be so kind as to let my things alone; if you don't I shall have to cut your fingers with my knife"—with that I took my knife up in my baud, and Gough came behind me and pulled the knife right between, my thumb and forefinger, and pulled it out of my hand—this is it ( pro duced )—Richard Bryan pulled out a knife at me and swore he would have my life—it was a pocket-knife which he pulled out of his pocket, and he, Gough, and the one not in custody, ran up George Yard after me, while I was running for an officer—I saw the knife in his hand then—I ran into Mr. Adey's for protection, and a brick was thrown in after me—I had to go as far as Commercial Street before I could find a constable; that was I 26—I gave Gough and John Bryan into custody—Richard Bryan got away—I saw Izzard there—I did not see him stabbed—I went for more officers. John Bryan. Q. Did you see me chuck your fish off the barrow? A. Yes, and in my face; I swear that—I did not call you all scamps—I said, "Go away from my barrow;" that was after you threw the fish from my board—I took up my knife for my own protection: I did not use it to any of you. Richard Bryan. Q. How could you see me with a knife when you were running for the policemen? A. Because I turned my head round. WILLIAM IZZARD ( Policeman 133 H ). On the afternoon of 4th April I was called to George Yard, Whitechapel, and Gough and John Bryan were given into my custody by Elvin—I took hold of them—126 H was close by at the time—John Bryan resisted; he threw himself down, and said he would not go for six like me—I had given Gough up to 126—Richard Bryan tried to get John away; he tried to pull him away first, and then he slipped behind me with a knife in his hand and stabbed me in the back—John Bryan had struck me in the face just about the same time, and bit me on the back of my hand—I saw the knife in Richard's hand, and felt it too—I saw him pass me with a knife in his hand before—there was no one else close to me at the time; I am quite sure Richard is the man in whose hand I saw the knife—he got away after that—I looked round when I felt the stab, and saw the knife in his hand, and he passed me directly, and I saw no more of him—John got away from me—I was holding him at the time I got the stab—it was in the back, on the right side of the spine—I had on a great coat, a tunic, and the cut went through those and through the leather portion of my braces, a cotton shirt, and three folds of a flannel shirt—when John Bryan got away from me I ran after him down George Yard, I got before him, and he ran back again, and was stopped by 126—I got hold of him again, and he was taken to the station—I pulled my truncheon out, and before I had hardly got hold of it John Bryan pulled it out of my hand and threw it away—it fell close to 126, and it was picked up and given to me—my wound was dressed by Mr. Phillips, the divi sional surgeon. Richard Bryan. Q. Did you see me stab you? A. I saw you close to me at the moment—I did not actually see you give the blow; there was nobody else near enough to do it—there were a great many people there, but no one but you near enough to inflict the wound—the nearest person to me was three yards off, I should say; I turned instantly on receiving the blow, and saw you with the knife in your hand—this is not the knife ( looking at one produced ). THOMAS HALE ( Policeman H 126). I saw a great number of people, I went through the mob and assisted my brother constable—he was stabbed while I was there, but I did not see it—I saw John Bryan strike him with his fist about the body—I did not see where Richard was at that time; a great number of persons were round Izzard at that time—I took Gough into custody and took him to the station—the mob tried to rescue John Bryan from the officer—I did not see Richard do anything—I did not see the knife. John Bryan. He says I struck the officer in the body, and the other says I struck him in the face—I struck him only once, and that was in the face. Witness. I did not see him strike him in the face. FRANCIS ROBINS ( Policeman H 119). I took Richard Bryan into custody between eight and nine in the evening of 4th April, at a beer shop—I charged him with stabbing police-constable Izzard—he said he never stabbed the constable, but he was there when Boss's hand was cut (Elvin goes by that nickname)—I searched him—I found no knife on him. Richard Bryan. Q. Did you not ask me whether I had a knife upon me at the time, and did not I tell you a straightforward story? A. You never said anything about a knife—this knife was given to me afterwards by Clitheroe; you told me he had it—you said, "The knife I had, Clitheroe has got; I lent it to him to eat his supper with"—that was next day, after we had been to the police-court. EDWARD CLITHEROE . I live 1, George Street, Spitalfields, and am night watchman at a lodging-house there—I know Richard Bryan—I was coming up the street with my tea-things in my arms when this disturbance took place—Richard Bryan was standing at the corner of George Yard just as I saw the police taking two of them to the station—I went up to him and said, "You had better come home, and I will give you some tea"—George Pollard followed him—I had got hold of Richard Bryan to take him away—Pollard said, "Will you let him go?"—I said, "No"—he said, "If you don't I will serve you the same as I have served the policeman," and he made a cut at my coat and cut me here, instead of going through my arm—I got Bryan in doors—I had got no knife to use for myself, and I asked him to lend me his, and he gave it me and went out, and I did not return it to him again—this is the knife, the little blade is broken—I afterwards gave it to Robins—I understand that Pollard has got three months in the. House of Correction, Holloway—I knew him before—he has often threatened, if I did not leave Bryan alone, he would do me an injury—he tried to put a knife into me that night; he was drunk—I was called a fool for not hitting him—I said I would wait till I saw him sober, but I never saw him from that day to this. GEORGE BAXTER PHILLIPS . I am divisional surgeon to the police—about five o'clock on 4th April I was called to examine Izzard at the station—he had an incised wouud, between two or three inches in length, on the right side of the spine, in the lower dorsal region—it was an inch in depth in the centre—it had passed through his over-coat, his tunic, the leather portion of his braces, three or four folds of his flannel shirt, and also a coarse grey shirt—it must have been a severe stab—it was a dangerous wound of itself, and would have been much more dangerous had it not been impeded by so much clothiug—it could scarcely have been produced by such a knife as this; it is possible it might be, but it would have required very great force—this is a blunt instrument, and the wound was a very sharp-cut one—it was a wound which a pocket-knife would produce. WILLIAM IZZARD ( re-examined ). I merely saw the blade of the knife—it was a longer blade than this—I did not see the handle. John Bryan's Defence. I am not guilty of injuring the policeman. I struck him to save myself from getting beaten. I held my hand up, and it hit him in the face, but not to hurt him. Richard Bryan's Defence. The first policeman states there was no crowd round him, and the other one says there was a great crowd trying to rescue John Bryan; they were so packed together that he could not move his prisoner away. He says he did not see me stab him. I gave a straight-forward account about the knife, and told the policeman where to find it. A knife was taken from George Pollard by a young man who would not appear, because he knew him. I saw him take it from him, and I believe it has since been done away with. If any witnesses are here I should like them to be called. FREDERICK GAERINGER . I am a publican—I came out of my house when the disturbance was three parts over—I saw the two constables having one prisoner in each hand, John Bryan and another one—one of them got away and ran down George Yard—they got the assistance of some other police and caught him again, and took him off—I saw Richard Bryan standing among the mob like the rest, and lie walked up the street quite cool, as if it did not concern him at all—I did not see the policeman stabbed. Cross-examined. Q. Did you see him stagger back? A. Yes, afterwards—Richard Bryan was not close to him at that time—I could not say who was, there were so many round—I did not see the constable bleeding—I saw the one who is not here struggling with the constable. JAMES JOHNSON . I am a costermonger—I saw nothing of the disturb ance—about an hour after it I saw George Pollard with a knife—I took it out of his hand—I have it in my pocket ( producing it )—I took it from him in case he should do further injury, and kept it ever since. Cross-examined. Q. Where was it you saw Pollard? A. In Flower and Dean Street—I don't know the time exactly; it was some time in the evening—I know, it was after the row, because he said he had done it, and that was the knife he had done it with—he was drunk—I had a tussle with him to take the knife from him—he had it open in his hand—there were two or three stone sawyers present—I saw him next day, and he asked me for the knife, but I would not give it to him—I saw him three or four times afterwards—he only asked me for it once—I don't what has become of him—I know him by seeing him—I know Richard Bryan. COURT to WILLIAM IZZARD . Q. Is this more the length of the knife that you saw? A. No, that is not the knife either; it was a longer knife than that, and it looked as if it was used more than that. NOT GUILTY . 475. JOHN BRYAN and RICHARD BRYAN were again indicted for assaulting William Izzard in the execution of his duty. WILLIAM IZZARD'S evidence as given in the last case was read over to him and stated to be correct. GUILTY of an assault. JOHN BRYAN **— Confined Fifteen Months. RICHARD BRYAN — Confined Four Months. 476. JOHN BRYAN and RICHARD BRYAN were again indicted, together with THOMAS GOUGH , for feloniously wounding Thomas Samuel Elvin , with intent to do grievous bodily harm. THOMAS SAMUEL ELVIN repeated his former evidence. GEORGE BAXTER PHILLIPS ( Surgeon ). I examined Elvin's hand; he had an incised wound between the thumb and forefinger, it had severed the web to a considerable extent, it had not reached the muscle, it was such a wound as would be caused by drawing the knife through his hand. GOUGH *— GUILTY of unlawfully wounding .— Confined Twelve Months . JOHN BRYAN and RICH ARD BRYAN — NOT GUILTY . 477. HENRY CHUTER (32) , Burglary in the dwellinghouse of Robert Banyard , and stealing a saddle, bridle, and other goods, his property. MR. BESLEY conducted the Prosecution. ROBERT BANYARD . I am a baker at Brentford End, Ealing—on 12th April I went to bed about a quarter-past ten, having seen all the doors and windows secure, and some harness that I had purchased the week before hanging in the kitchen—I was called up by Field in the morning, and found the harness gone—this produced is it—a nail had been pushed out of the window, but the window was shut down again. JOHN EDWARDS ( Policeman T 82). About half-past two in the morning of 13th April I was on duty in New North Road, Ealing—about twenty yards from the prosecutor's house my attention was attracted by a noise as if a window was lifted up—I stood about ten minutes, and then saw the prisoner coming in a direction from where I heard the noise, with a sack—I spoke to him—he said he had got a bit of cloth that he had just picked up—I told him I was not satisfied, and he must go with me to the station—when we got into the main street he put it down, and said, "Let us see what it has got in it," and I saw this saddle, bridle, and reins. JOSEPH FILED . I am a carpenter—I have been working at Mr. Ban-yard's—when I left on the evening of 12th April I left the harness hanging up, and I put a nail in the window to fasten it temporarily—I came at seven next morning and found the nail out and the harness gone. Prisoner's Defence. I picked it up. GUILTY . The Prisoner PLEADED GUILTY to a previous conviction, in Februaryy 1853.— Confined Twelve Months . 478. FRANCIS ADAMS (36) , Stealing, whilst employed in the Post Office, two post-letters containing stamps, the property of her Majesty's Postmaster-General. MR. METCALFE conducted the Prosecution, and MR. WARNER SLEIGH the Defence. THOMAS JEFFREYS . I am a travelling inspector attached to the missing letter department of the General Post Office—the prisoner was a letter-carrier employed in the south-west district at Pimlico, and his walk was the Wilton Place walk—on the afternoon of 29th April I went to the district office, and shortly after six the prisoner was brought into the postmaster's room—he was about to go out on the six o'clock delivery—I asked him to let me see all his letters—he produced from his pouch two bundles tied up, arranged for delivery—I looked over them, and said, "I believe you were on duty here between twelve and one o'clock to-day, and you went out on your delivery to Wilton Place walk at that time?"—he said, "Yes"—I said, "Did you see anything of a letter directed to Mr. E. J. Lance, hatter, &c, 12, Middle Row North, Knightsbridge, London?"—he said, "Yes; I delivered the letter at Mr. Lance's shopn—I said, "I am aware you delivered one letter there, but that is not the one I am speaking to you about"—he said, "I had but one letter for Mr. Lance"—I said, "There was another letter for Mr. Lance sorted to you, and you did not deliver it, and it was owing to so many complaints of letters being lost, containing stamps, notes, and other things, in your delivery that it was purposely sent to find out by whom they are taken"—he said, "I had but one letter for Mr. Lance, and that I delivered"—I then directed Rumbold the officer to search him, and raw him take from the inside of his coat pocket these two letters, one directed to Upper Charles Street, S.W., and another to Hunter Street, neither of them in his delivery; one con tains postage stamps worth 1 l . 9 s . 6 d ., and the other stamps worth 11 s .—I said, "How do you account for having these in your possession?"—he said, "I don't know anything about them"—I said, "It is very singular that they should have got into the inside of your coat pocket like that without your knowledge"—he repeated, "I don't know anything about them"—they bear the post-mark of the 29th—one was posted in London, and the other at Cheltenham. Cross-examined. Q. Were they taken out of his pocket like this? A. They were not open then, they were opened before the Magistrate—I don't recollect seeing any paper taken from his pocket—there is only one postman on his round after the first delivery in the morning; there are three in the morning—the letter in question has never been found—there was no hesitation about his answering as to these letters. HENRY RUMBOLD . I am an officer attached to the Post Office—I searched the prisoner by Mr. Jeffreys's direction—I took from his side pocket these two letters—I also found some photographs and a paper for a fraffle and a bill. Cross-examined. Q. Were these letters quite by themselves in the pocket? A. They were—the raffle paper was in another pocket—I have the coat here. ALFRED NEWMAN . I am an inspector of letter-carriers at the south west district—the prisoner was employed there—on the afternoon of 29th April he was on duty there from about five minutes past four until about five minutes past six—it was his duty when the East Central bag arrived to cut it open, take the bundles out, open them, and place them before the stampers, and after they were stamped to clear them and pass them over to the sorters to be sorted—these two letters would have come in the East Central bag; it is not his duty to assist in the sorting, I can't say whether he did or not—after they are sorted they are cleared by a person appointed to clear them, and delivered to the letter-carriers to take out—these letters were not in the prisoner's walk, if they were missorted to him his duty would be to place them back to be resorted to their proper walks, he had no business to carry them out—he went out on his delivery about five minutes past six—I then communicated with Mr. Jeffreys. Cross-examined. Q. Do you know how many letters were sorted to his delivery that did not belong to it? A. No; as far as I know, these might have been the only two—the prisoner has been in the service about twelve years—he came with a good character—when first I knew him I always considered him a man of very excellent character—I have been told he is married—I have heard he has been taking care of a house of Lord Alfred Paget's, in Grosvenor Place, for the last five years. ALEXANDER FORBES . I am a letter-carrier in the south-west office—I was on duty when the mail-bag arrived on 29th April, at 5.20—I stamped these two letters—the prisoner generally opened the bag, it was his duty to do so. SAMUEL COURTNAY . I am a letter-carrier—Upper Charles Street is in my district—one of these letters ought to have been delivered to me—I did not give itto the prisoner. GEORGE BENNETT . I am clerk to Mr. Broughton, solicitor, of Finsbury Square—one of these letters, addressed to Mr. Ritches, is my handwriting—I saw it made up and 1 l . 9 s . 6 d . worth of stamps put into it—Mr. Brough ton sealed it—I directed it and gave it to Vaughau to post. HERBERT VAUGHAN . I posted the letter for Mr. Ritches on 29th April at Finsbury Pavement at 3.45. RICHARD OKEY . This letter is my writing—I enclosed in it 132 postage stamps, and posted it on the 29th, about a quarter to six in the morning, in a pillar-box at Cheltenham, as I went to work; that would be in time for the day mail to London. The prisoner received an excellent character. — NOT GUILTY . 479. GEORGE GAYFORD (41) was indicted for embezzlement. MR. WARNER SLEIGH , for the Prosecution, offered no evidence. NOT GUILTY . 480. JOHN CRANE (29) PLEADED GUILTY to unlawfully wounding Donald Cameron .— Confined Four Months . 481. JAMES JOHNSON (18) , to four indictments for uttering forged requests for the delivery of goods, having been before convicted.— Confined Eighteen Months. [Pleaded guilty: See original trial image.] 482. JOHN WILLIAMS (49) and EDMUND COOPER (51) , to stealing a pair of boots of Edward Nobbs , Williams having been before convicted. WIL LIAMS Confined Eighteen Months. COOPER Confined Twelve Months. [Pleaded guilty: See original trial image.] 483. WILLIAM OSBORN (37) , to uttering a forged request for the de livery of a rug.— Confined Three months. [Pleaded guilty: See original trial image.] 484. JOSEPH WILLIAMS (17) , WILLIAM BROWN (17) , and THOMAS WILKINSON (16) , to a bur glary in the dwellinghouse of Thomas Barber , and stealing two pairs of boots and other articles, his property. WILLIAMS Confined Twelve Months. BROWN * Confined Fourteen Months. WILKINSON ** Confined Eighteen Months. [Pleaded guilty: See original trial image.] 485. FREDERICK HART * (18) , to stealing a watch and chain of William Milward Whiley from his person.— Confined Eighteen Months. [Pleaded guilty: See original trial image.] 486. WILLIAM JONES (20) , to stealing a coat and other goods of William Checkley , having been before convicted.— Confined Eighteen Months. [Pleaded guilty: See original trial image.] 487. JOHN BATTS (21) was indicted for stealing one watch and chain from the person of Charles Cadge . When called upon to plead, he remained mute, and a Jury was sworn to try whether he was mute of malice or by the visitation of God, and upon the evidence of John Rowland Gibson , surgeon of Newgate Gaol, and William Rogers , a sub-warder, the Jury found the prisoner mute from malice, and the Court ordered a plea of NOT GUILTY to be entered for him. MR. STRAIGHT conducted the Prosecution. CHARLES CADGE . I am an auctioneer, of 2, Colebrook Terrace, Mile End—on 2nd May, at eleven at night, I was in Fenchurch Street with my wife, and saw the prisoner coming towards us—he made a dash at my watch, grabbed it, and ran down a court with it—I followed, singing "Stop thief!"—this is my watch ( produced )—here are my initials, C. C, on it—it is worth 2 l . 10 s ., and the chain 15 s .—the constable showed it to me at the station—I am sure the prisoner is the person. RICHARD WILLIAM WHITE ( City Police Inspector ). On 2nd May, about eleven o'clock, I heard a cry of "Stop thief!" and saw the prisoner run ning—I stopped him with the assistance of another constable, and said, "Where are you going?"—he said, "All right, governor, I am just going home; we are having a lark"—he ran round the urinal, took a watch out of his trousers pocket, and threw it against the urinal—I picked it up, and Cadge came up and identified it—on the road to the station he said, "It is only a lark; I did not take the watch, it was only a game; I did not throw it there"—he said nothing at the station except joking. The prisoner, being called upon for his defence, made no reply. GUILTY . He was further charged with having been before convicted. RICHARD KEMBLE ( Policeman 16 H ). I produce a certificate. ( Read:—"Clerkenwell Sessions, April, 1864. William Battson convicted of stealing a watch and guard from the person. Sentence.—Three Years' Penal Ser vitude ") I was present; the prisoner is the person—he was in my cus tody—other convictions were proved against him. GUILTY .**— Seven Years' Penal Servitude. 488. WILLIAM EVANS (21) and GEORGE WILKINS (20) , Rob bery on Samuel Walter Powell , and stealing from his person part of a chain, his property. MR. DALY conducted the Prosecution, and MR. STRAIGHT defended Wilkins. SAMUEL POWELL . I am an ironmonger's assistant, of 49, Arthur Road, Holloway—on 18th April, about ten o'clock, I was in Camden Road, Hol-loway, and met the prisoners—Wilkins asked me if I did not live in the Hornsey Road—I said, "No, I live in the Arthur Road"—he said that he thought he saw me passing along the Hornsey Road several times—I was under the impression that I know Wilkins, but afterwards found I was mistaken—he asked me to go into a public-house—they paid for one glass of ale and I paid for another—that was the first glass of liquor I had that day—we came out, and as I bade them good night I received a sudden blow—I cannot say which of them struck me—I was knocked down, and while I was on the ground I felt a tug at my watch-chain—I culled for assistance—my chain was broken, and the greatest portion of it taken away—I called for assistance—a gentleman came and they made off—I ran after them, but lost sight of them—a constable came up, and at his request we went round the neighbourhood and saw Wilkins in the Seven Sisters' Road putting his hand to his eyes—I went across to see if I could recognise him, and he ran away—I ran after him, gave him in cus tody, and said, "You are one of the party who stole my watch and chain"—lie said, "No, I was running after a fire"—I saw Evans walking with a constable—he said that he had been to a fire, and denied all knowledge of the robbery—I found my watch in my pocket—I was not quite sober, but I well understood what I was about—my head was slightly affected, as I cannot take much—I had never seen the prisoners before. Cross-examined. Q. Are you a Londoner? A. Yes—I had two glasses of ale; Wilkins paid for one glass and I for the other—he called for a pot of six ale and paid for it, and I returned it—there was not more than one person in the public-house the whole time—no one came to me when I was knocked down, except one gentleman—I received a blow on the left side of my head and fell sideways—Wilkins was on my left and Evans on my right—the robbery was committed about eleven o'clock—I left my master's, in the Hampstead Road, about 9.30—I was in the prisoners' company about a quarter of an hour before I found out that I did not know them. MR. DALY . Q. Did you feel the tug at your chain while you were on the ground or while you were falling? A. While I was in the act of falling; Wilkins was the nearest to me at that time—my chain did not catch anything, because I was near the kerb. ANTONY RYAN ( Policeman 296 Y ). About seven o'clock on the night of 18th April I heard a cry of "Police!" in Hornsey Road—I saw the prosecutor, and we went up the Seven Sisters' Road together—I saw Wilkins on the other side of the road, and told Powell to go in front of me, for if he saw us both together he would run away—he crossed to Wilkins, who ran away directly, but was stopped and given in custody, and charged with knocking Powell down and stealing his watch—Wil kins said, "You make quite a mistake; you never saw me before; I was going to a fire"—when he was taken to the station he said, "Yes, we were drinking with him at the public-house"—they said that another party attacked Powell—I found this piece of chain ( produced )—it has been broken near the centre—Powell gave me this portion, which was attached to his watch—the centre portion is gone. Cross-examined. Q. Have you the other portion of the chain? A. No—I had the prisoner in custody ten minutes afterwards—I went the way Wilkins came back—I had my uniform on, and directly he saw it he ran away from us—Powell was making a great deal of noise, hallooing "Stop thief!"—he found his watch in his pocket. Evans. Q. After you had accused me did I say that I did not know you? A. You said you had been to a fire about an hoar, and denied all knowledge of seeing me that evening—I did not see three pots of beer drawn, only two—you asked me to meet you there again on Monday night, and I consented. WILLIAM VAUGHAN ( Policeman 264 Y ). About two o'clock on 18th April I was on duty in Seven Sisters' Road—Evans, came up and asked me the way to Cottenham Road, and while I was directing him Powell came up and gave him in charge for stealing his watch and chain—he said that he had just come from a fire at the Holloway Hats and had not seen him before. Evans. Q. Did I say I was going to a fire, or that I had been to one? A. That you had been to one; you did not say that it was at Cottenham Rood. JOHN. GRIFFITHS . I am an auctioneer's clerk, I was at home in Hornsey Road, and heard a cry of "Stop her"—I saw a number of people round the prosecutor, but did not see Wilkins then—I spoke to the prosecutor, and some time afterwards saw Wilkins coming from Seven Sisters' Road into Hornsey Road towards me—he tried to escape the prosecutor's observation and mine, by putting his hand to bis eyes and his cheek as he walked away. Cross-examined. Q. Were there about twenty people round the pro secutor? A. Yes—he was about twenty yards from the public-house. MARGARET BISHOP . I am a widow, and keep the Tollington Arms, Hornsey Road—the prosecutor was in my shop, and the prisoners were with him—they had six ale to drink, but I cannot remember how much—I cannot say how many people were in the bar, because I was rather busy that evening—one of the prisoners was brought to my house afterwards, and I identified him as having been there with the prosecutor. Evans. Q. Did not you serve us with two pots? A. Yes—I cannot whether my daughter also served you with one pot. EDWARD BARBER . ( Police Inspector Y ). I was in the station when the charge was being taken—Evans said, "I know we were in the public-house with him, we spent a shilling"—Wilkins said, "I know I spent a shilling"—when the prosecutor was narrating the circumstances Evans said, "Instead of our assaulting him, some of his friends who he had lying in wait assaulted us; I was struck"—Wilkins then said, "I was kicked in the back." NOT GUILTY . 489. GEORGE COOMBS (19) and GEORGE FITZPATRICK (20) , Stealing thirty pairs of boots, the property of Frederick Cutten . MR. NICHOLSON conducted the Prosecution. DAVID GIBSON . I am in the employ of Mr. Jones, of 18, Basinghall Street—on 3rd May, between three and four in the afternoon, I saw the prisoners in the yard; Coombs had hold of the handle of a truck, and Fitz patrick was endeavouring to put a box on it—I said to Coombs, "What are you doing with the truck?" and he put it down and looked at the handle, where the name was, and said, "It is a mistake"—they both went away—I followed Coombs, and Bruce, who was with me, followed Fitz patrick into Church Passage, and gave him in custody. JAMES BRUCE . I am a warehouseman in the employ of Mr. Johnson, of Basinghall Street—on the afternoon of 3rd May I saw the prisoners in the yard; Coombs had the truck in his hand, and Fitzpatrick was putting a box on it—they were spoken to, and ran away—I followed Fitzpatrick and gave him in custody. HENRY STONE . I am clerk to Frederick Cutten, of Basinghall Street—on 3rd May this box of boots ( produced ) was brought to our premises in a cab, it is worth 6 l . 15 s ., and was put outside the office door till it could be taken away, but inside the outer door—I afterwards saw it still in the passage, but moved about a yard—I saw Coombs in charge of a policeman, but did not see Fitzpatrick till I was at Guildhall. ROBERT DELAMORE ( City Policeman 117). On 3rd May Coombs was given into my custody—he gave a false address. WILLIAM NEWCOMBE ( City Policeman 104). I took Fitzpatrick in Basinghall Street on 3rd May. COURT to DAVID GIBSON . Q. Was the truck off the pavement? A. Yes, and the box was by the side of the door; Fitzpatrick was trying to put it on the truck, but before he ran away he put it inside the door again. Coombs's Defence. I was passing down Basinghall Street, and a gentle man asked me to take a case into Bishopsgate Street. He told me where it was; I went up to get it, and just as I was going to turn it over, the two witnesses came up and said that it was their truck. I said that it was a mistake, and went down to see the gentleman, but was given in custody. Fitzpatrick's Defence. I was looking for work, and this young man asked me to hold the handle of the truck, and I did so. COOMBS — GUILTY .**— Confined Eighteen Months . FITZPATRICK — GUILTY .— Confined Nine Months . 490. JOSEPH LORETO (29) , Feloniously cutting and wounding Edward Clarke , with intent to do him some grievous bodily harm. MR. COOPER conducted the Prosecution, and MR. LANGFORD the Defence. EDWARD CLARKE . I am a labourer, of 3, Kimburton Street, Rother hithe—on 17th April, about one o'clock in the night, I came out of the Kettle and Drum public-house, and saw the prisoner; he put his hand behind him and drew a knife—I tried to prevent him drawing it, and in the struggle I felt I was stabbed in my left side—I only came out of the hospital on Saturday, and am not able to work yet. Cross-examined. Q. Had you seen him in the Kettle and Drum? A. Yes, in front of the bar—I supposed he was going to draw the knife when I came out, and tried to prevent him doing any mischief—he had not been drinking with me. COURT . Q. Did you fall on the knife, or did he strike you? A. He held his hand up, and struck me. MICHAEL WENDLE ( Policeman 115 H ). On 17th April, at 1.30 a.m., I saw the prisoner running, followed by two men—I took him in custody. WILLIAM AMBRIDGE ( Policeman 192 H ), I found the prisoner in custody, and took this knife ( produced ) out of his right hand. JOSEPH JUDGE . I am a labourer, of Rotherhithe—on 17th April, between one and two a.m., I was at the Kettle and Drum—I went outside, and heard Clarke say, "I am a dead man, I am stabbed"—I saw the prisoner on top of Clarke, and went to assist him—the prisoner had this knife in his hand—I caught hold of him, and he struck it through my trousers into my hip—he said nothing—a policeman came and took me to the hospital, and the prisoner was secured—I saw no quarrelling or fight ing in the public-house. JAMES ADAMS . I am house surgeon to the London Hospital—on 17th April I examined Clarke, and found a punctured wound of the loin, about an inch and a half long—it was not safe to examine its depth—he is not in danger now, but it is just possible that the wound might have been deep enough to wound some important part—such a knife as this would inflict the wound. Cross-examined. Q. But it had not wounded an important artery? A. No—in my judgment it could not have been accidental. GUILTY .— Confined Eighteen Months . 491. STEPHEN FREEMAN (22) PLEADED GUILTY to stealing a post-letter, the property of her Majesty's Postmaster-General.— Five Years' Penal Servitude. 492. JAMES BURKE (17) , Robbery on William Thompson , and steal ing one purse and 5 s ., his property. MR. COOPER conducted the Prosecution. WILLIAM THOMPSON . I am an engine fitter, and live at the Sailors' Home, Whitechapel—on 13th April, about three in the morning, I was at the back of Dock Street, and saw the prisoner—he asked me where I lived—I said, "That is nothing to you"—then he asked me for some tobacco—I put my hand in my pocket for a stick of tobacco, and felt in my other pocket for a knife to cut it, on which he knocked me down, put his knee on my chest, and put his hand in my trousers pocket—he wanted to pull my purse out, but I held it tight—he got it from me and ran off—there was five or six shillings in it, a half-crown, and some small silver—the police ran after him—this is my purse ( produced )—I had never seen him before, but there was a lamp, and I saw his features well. JOHN BARON ( Policeman 48 H ). I heard a cry of "Police!" and saw the prisoner and prosecutor struggling—both fell together, and when I got within fifteen yards the prisoner got up aud ran away—I gave him chase—I saw him stopped by another constable—I am sure he is the man—I never lost sight of him, only just going round the corner—I found on him a crown, a half-crown, and 4 d .—I found this purse within a few yards from where I saw the struggle—the prisoner had passed close by that spot—I told him I took him for robbing a man of his purse—he said, "I did not rob him of anything, we had a tussle together." Prisoner's Defence. I stole nothing from him. GUILTY .— Confined Twelve Months . 493. JOSEPH LOWE SMITHE (35) PLEADED GUILTY to feloniously forging a writ of the Court of Queen's Bench, with intent to defraud.— Confined Eighteen Months . 494. JOHN DUGGAN (35) , Feloniously cutting and wounding Eliza beth Westbury , with intent to do her some grievous bodily harm. MR. DALY conducted the Prosecution. ELIZABETH WESTBURY . I live at Albert Street, Bromley, and am the wife of William Westbury, a shoe maker—on 24th April, about half-past five, I was passing a public-house in Arthur Street, and saw the prisoner with my son's finger in his mouth—I went up to him to take it out, and he drawed my finger into his mouth, and cracked the bone between his teeth—the blood gushed down his whiskers, and I fainted away. Prisoner. Q. Was I not fighting with your son? A. I did not see you—I did not notice whether you were drunk, because I was so frightened—I have not been able to do anything since, and am in that state that I cannot bo left night or day. WILLIAM WESTBURY . I saw the prisoner bite my mother's finger—she fell to the ground and fainted away—my mother had tried to get my finger out of the prisoner's mouth, and he pulled hers in. Prisoner. Q. When I went into the beer shop did not you want me to come in for some-beer? A. No, I never spoke to you—I called for a glass of ale, and you struck me two or three times and bit me—I afterwards struck you and made your nose and mouth bleed—my brother did not come up and ill-use you. COURT . Q. Had you provoked him? A. No: I had never seen him before—he was about half drunk—he could walk straight—he bit my finger to the bone, and also bit my shoulder through two shirts. NATHAN BROWNFIELD . I examined the prosecutrix at the station—she had a compound fracture of the index finger of the right hand—there was a lacerated wound, which appeared caused by a bite—it is doing tolerably well now, but it will be some considerable time before it is quite well, and it will never be the same as before; the flesh is torn away from the bones. JAMES BIRD ( Policeman 238 K ). I took the prisoner and told him the charge—he said, "Take me, policeman; do what you like with me; I have done nothing"—he walked very well without me holding him up, but he was the worse for drink—he asked me to let him walk by himself. Prisoner. Q. Was I not blooding from the mouth? A. Blood was run ning down your whiskers, and there was a slight scratch on your check, as if from a finger nail. Prisoner's Defence. I was very tipsy, or I should not have got info the company I have. I am a seafaring man. I produce my discharge from the service. GUILTY of unlawfully wounding .— Confined Twelve Months . 495. HENRY INSLEY (35) , Feloniously cutting and wounding Joseph Stevens , with intent to do him some grievous bodily harm. MR. NICHOLSON conducted the Prosecution, and MR. DALY the Defence. JOSEPH STEVENS . I am a brick maker, of Elizabeth Cottages, High Hill Terrace, Bow—last Friday week I was at work in a brick field at Bow—the prisoner came into the field and said, " Joe , you shall not give me a shift one night, would you?" and struck me—I tried to keep him off as well as I could—ho struck me several times, and I went down by the side of the kiln—he got hold of me by my throat and said, "Shall I give you a kick or a dicky ?"—I do not know what that meant—I pushed his hands away, and he got up and kicked me on the hip—I was nearly strangled, but I got up and took the shovel in my right hand—he said, "What are you going to do with that?"—I said, "I do not know"—he then took up a peck, laid hold of me by the left shoulder, and said, "Shall I kill the b—?"—I suppose he knocked me down with it, for when I came to myself I was on my hands and knees and saw him going away—he was not sober, but I was—I had been at work all night and all day. Cross-examined. Q. Had you been in the Lady Franklin public-house with him? A. Yes—I only had one glass of ale there, but had not been drinking with the prisoner—I do not know Philip Parham—I did not quarrel with the prisoner—ho asked me to stand half a gallon of beer, and I said that I should not—he gave me a back-handed blow—we did not then have a fight—I never put my hands up—he did not knock me down there, but in the brick field, 200 yards off perhaps—I went there by myself to do my work, und he came after me—I went into the brick field by the gate, which was open, but some one locked it afterwards—I tried to keep tho prisoner off all I could, but it was all open-handed. MR. NICHOLSON . Q. Were you using the shovel in your avocations; was it the thing you were working with? A. Yes, I use the pick occa sionally. JOHN MEARS . I am a labourer, of 31, Lefcvre Road, Bow—I was in the brick field, and saw the prisoner get over the gate, at about half-paat six in tho evening, and go up to Stevens—I did not take a deal of notice of him nt fust, but I heard him wrangling about some beer, and he knocked Stevens down—Stevens got up again, and the prisoner knocked him down again, and put his knee on his belly and his hauds on his throat, and said, "Shall I put dicky on the b—?" which means, strangle him—he then got up and took the pick in his hand, held him with one hand, shoved him against the kiln with the other, struck him with the pick, and he fell—Stevens tried to keep all the blows off that he could, but he had no chance"—he had his shovel in his hand at one time, which he gets his living by—he was sober, but the prisoner was not—tho prisoner had been discharged from the field ou Friday, at dinner time; I do not know what for, but nothing to do with the prosecutor. Cross-examined. Q. Are you a friend of Stevens? A. I have known him a week or a fortnight, since he has been there—I did not work with him but I have worked in the same field five weeks—Stevens picked up the shovel from the ground, and it stood up against the kiln—I do not know what made him take it up, and I did not see him take it up—I did not see Stevens seize him by the handkerchief. ROBERT MEARS . I am a labourer—on 27th April I was in the brick field at Bow, and saw the prisoner pulling Stevens about in rather too rough a manner for play—he knocked Stevens down, who got up, and the prisoner knocked him down again, put his foot on him, and said, "Shall I kill the b—?"—he repeated that twice, and when he got up he struck him with the pick and left him for dead. Cross-examined. Q. Did you see Stevens using the shovel? A. Ho was using it to put coke on the fire for the bricks—when he got the shovel he wanted to go about his work, but the prisoner would not let him. TIMOTHY ENWRIGHT ( Policeman 315 K ). I was on duty by this brick field, and the prisoner was given into my custody—I saw Stevens; he was wounded on the left temple by this coal-pick, as I was told ( produced ); he was taken to the hospital—the prisoner said that he was very sorry. CORNELIUS EDWIN GARMAN . I am a surgeon, of Fairfield Road, Bow—on 26th April I was called to the Bow Police-station, and found Stevens with a contused wound over his left temple, which could be done with a blunt instrument like this pick—it was not severe in depth or in extent, but it was very much swollen, and it was a stellated wound—it was not dangerous—he was quite sensible—he was sent to the hospital and is still weak—there was a great loss of blood, but the bone was not fractured—he appeared sober. Witnesses for the Defence. WILLIAM PARHAM . I live at 1, Lefevre Road, and work in this brick field—I went to the Lady Franklin at twenty-five minutes past five to get a glass of ale, and saw Stevens come out with his nose bleeding—I stopped a few minutes and saw the prosecutor hit the prisoner with his left hand on the mouth—I went in and got my ale, and then went and locked the gates, as the watchman, to keep the prisoner out—I then went and sat by the corner of the kiln where Stevens was standing, he took up the pick in his right hand—I said, "Put it down; take your shovel, as if you were going to stoke your kiln"—I then said to him, "He is coming, Joe"—he held his shovel up, and the prisoner got over the gate and fell down—he got up again and went to Stevens—there was a little struggle, and I flew to fetch a policeman to take the prisoner up for trespass, and did not see the blow with the pick—in the first of the struggle Stevens held his shovel in his right hand, and had hold of the prisoner's neck like this—his shovel was not up in the air—the prisoner picked up the pick with his left hand—Stevens had hold of him by the neck when he picked it up. GUILTY .— Confined Eighteen Months . 496. RICHARD CHESHIRE (25) ( a soldier ), Stealing 3 s ., the moneys of John Hayhoe . CHARLES RAINES . I live at 5, Trinity Buildings, Great Tower Street—on the night of 16th April I was on Tower Hill and heard cries of "Police!" and "Murder!" from a beer shop—I went in and saw three soldiers in the bar behind the counter, and the landlord was down on the floor; two soldiers had knocked him down—I stood alongside the counter and saw the prisoner pushing and pulling the people about—he then opened the till and put some copper money into his right-hand pocket, leaving a threepenny or fourpenny piece and a halfpenny, on the edge of the till—he did not put the till back again—I followed him and gave him in custody ten minutes or a quarter of an hour afteerwards. SUSANNAH HAYHOE . My husband keeps the Tower beer house, 8, Postern Row—on the night of 16th of April there was a bit of a bother with a strange civilian who had never been in the house before—the prisoner and another one teller than him made a bother about taking the civilian's um rella, and he and another knocked my husband and another man down ind sent me up against the counter—the prisoner took the money out of the till, and I jumped over the bar and called, "Police!"—there was not much in the till, as I had taken all the large money out before. Prisoner. I went in with my comrade, and the potman caught me by the throat and pushed me out of the house. Witness. The big one struck my husband, and I went to protect him, and the prisoner struck me on the mouth. WILLIAM GILBERT ( City Policeman 748). The prisoner was given into my custody by Raines at half-past ten o'clock, at the Prince Albert public-house, in Cooper's Row—I searched him, and found a shilling in copper, two threepenny pieces, and a fourpenny piece. Prisoner Defence. I was in the house, but was never near the till. I was pushed into the road; you can see by my coat that I was pushed down. This man seized me by the throat and sent me out into the dirt. I went in again. Three or four soldiers and a civilian were fighting. There were ten or twelve soldiers in the house, and a number of loose women. They were fighting all over the house. The prisoner's sergeant gave him a good character. GUILTY . Recommended to mercy by the Jury on account of his character.— Confined Four Months . 497. JOSEPH WILLIAMS (26) , Burglariously breaking and entering the dwelling house of John Stockwell , with intent to steal. HENRY CUMMINS ( Policeman 347 K ). On 13th April I was on duty in Barking Road about three o'clock, and saw the prisoner in the prosecutor's back garden, with two more men—I watched them ten minutes and saw them come towards the house—I concealed myself under a tree, and saw the prisoner open the washhouse window and enter—I followed him in, found him in the passage, and asked him what he was doing there—he said that he had come there for a sleep—the other two escaped. JOHN STOCKWELL . I live in Barking Road—my washhouse communi cates with the house—on the night of 13th April I saw the window closed, but I will not say whether the shutters were fastened—my attention was called, and I found that one or two things had been moved, but I missed nothing. GUILTY .— Confined Nine Months . 498. FREDERICK READ (27) , Burglariously breaking and entering the dwelling house of Edmund Appleyard , and stealing therein one clock, one table-cover, and other articles, his property. MR. LILLEY conducted the Prosecution, and MR. WRIGHT the Defence. EDMUND APPLEYARD . I am a publisher, of 10, Lansdowne Terrace, Bethnal Green—on the night of 12th April I retired about twelve o'clock, having seen the basement windows secured and fastened—I came down at a quarter to seven, and found that an entry had been made at the basement window—I missed a chronometer, table-cover, some spoons, forks, and other articles, which were afterwards shown me by a policeman. EDWARD PITTS ( Policeman 131 N ). I was on duty on 12th April in Victoria Park Road, in plain clothes, at a few minutes before six o'clock; that is a mile from Lansdowne Terrace—I met the prisoner carrying this bundle ( produced )—asked him what he had got in it—he said some property belonging to his wife and himself—I examined it and found this clock, a woman's dress, a tablo-cover, some child's clothes, spoons, forks, and three penknives—he was wearing this coat, which the prosecutor identifies—he gave several addresses—I asked him where he came from—he said from his lodging, 22, Clnrkson Street, Plaistow Marsh—I asked him where he was going—he said to 5, Charles Street, Ratcliff Highway, and that he worked at Mr. Mears's, at Milwall. Cross-examined. Q. He did not hesitate to let you open the bundle? A. No—I know nothing against him. JOHN BATTEN ( Policeman 334 N ). I examined the prosecutor's pre mises, and found that the inner part of the sash had been cut, which enabled the prisoner to get the window open—it projected over the area—it has no sash-lines, and the edge appeared worked out by a blunt knife—this knife ( produced ), which I saw taken from the prisoner's pocket, corresponds with the marks. GUILTY .— Confined Twelve Months . 499. TIMOTHY RILEY (18) , HENRY MCCARTHY (17) , and CHARLES CARRICK (13) , Robbery on William Webb , and stealing from his person, one scarf and other articles, his property. MR. WRIGHT conducted the Prosecution; MR. PATER defended Riley and McCarthy. WILLIAM WEBB . I am a clock-maker at Clerkenwell Close—on Sun day morning, 7th April, between twelve and one o'clock, I was passing down Field Lane, and as I passed George Alley, Riley rushed on me, struck me on my breast, and knocked me down—the other two prisoners knelt on me, and with the assistance of others, who are not here, rifled my pockets—McCarthy and Carrick both knelt on me, and Carrick took my purse out of my waistcoat pocket—I was sensible all the time—I sung out, "Police!" lustily, which brought assistance—this is my purse. Cross-examined. Q. Was any one in your compauy? A. No; I lodge in Field Lane, being slack of work and short of money—13, Clerkenwell Close, is my sister's house—I was perfectly sober—it was Saturday night or Sunday morning—I had come from Sckforde Street, Clerkenwell, where I had been spending half an hour at a public-house with three or four respectable mechanics—I left by myself—I left work at nine o'clock—I went into the beer shop at half-past ten, and remained till twelve—I had two pints of beer, but no spirits—they do not sell spirits—I did not say when the prisoners were remanded, that I believed that Riley was innocent, and that I would willingly compromise the matter—there were six or seven persons assembled—I did not count them—I have seen that man ( Thomas Moore )—I lost some drills, screw-cutters, a scarf, and a purse, but no money. GEORGE HAYNES ( City Policeman 285). On Sunday morning, 7th April, about a quarter to one o'clock, I was on duty and heard cries of "Murder!" and "Police!" in the direction of Field Lane—I hastened to the spot, and saw the three prisoners and two others run down Field Lane, towards Holborn, away from Webb, who was lying on his back just at the entrance of George Alley—I caught McCarthy, and a private indi vidual caught Carrick and Riley within 100 or 120 yards of the spot—I never lost sight of the prisoners, and I knew them before—I returned to the spot about five in the morning, and found this empty purse ( produced ). Cross-examined. Q. Do you know of any row that took place about that time, a fight between a man and a woman? A. There was no disturbance it all as far up as I could see—I must have heard it if there had been one ind I did not hear it—there was not another soul in the court. COURT . Q. When you first saw them running away, how near to the irisoners were you? A. As near as I am to your Lordship—I came across the waste, and sprung over a hoarding almost into the midst of them—Webb had had a glass, but was quite sober, he kept up with us to Bag nigge Wells Road. WALTER NEWTON . I live at 80, Snow Hill, and am assistant to a boot maker—on Sunday morning, 7th April, between twelve and one o'clock, was going home, aud heard a cry of "Police!" and "Murder!" in Field Lane—I ran across the waste in Field Lane, and saw the three prisoners rise from the prosecutor, and run up the lane—I gave chase, and caught tiley and Carrick—I saw Carrick throw something away—I took him to the policeman. Cross-examined. Q. Had the prosecutor been drinking? A. Yes, but he was not so drunk that he did not know what he was about—he walked perfectly well—I saw two others running—they turned up the same court. The prisoners' statements before the Magistrate were to the effect that the robbery was committed by a man called "Skinny. " MR. PATER called JOHN DRISCOLL . I am a newspaper vendor, of 23, Field Lane—on 7th I April I was in Riley's company—I went out from my lodging-house about four or five minutes to twelve, and saw a row at the corner of Field Lane—Riley was then standing up against Gorman's, and this happened against I Green's, three or four yards off—he took no part in what was going on—after the row was up I saw the prosecutor, aided by a tall chap , not in! custody, who is called Skinny —his real name is Charley Scrimmage—he I first asked Webb for a bit of tobacco—Webb said he had none, on which Scrimmage caught hold of him and slashed him up against Green's shutters, aud then twenty or thirty boys rushed up from the ruins, but what they did I do not know—I saw Webb brought to the ground—Riley was then standing at a little distance with me, and I saw McCarthy standing at a little distance from us—he took no part in it—I heard a cry of "Police!"—Riley bid mo good night, to go to his mother's—he ran down Field Lane, and as he got to the top of the steps he was taken in custody—the cause of the first disturbance was a fight between two men—it was hardly two minutes after that, that Webb was attacked by Scrimmage—it was done in a moment. Cross-examined. Q. What morning are you talking about? A. The 7th April; it was Saturday night, about four minutes to twelve—I had never seen Webb before—I took notice of him, because they were leading him—he seemed a little intoxicated, but I cannot say whether he was or not—Scrimmage is no£ a friend of mine—it had gone twelve when Riley left me—he was with me about five minutes only, just during the time of the occurrence, and I went down to my lodging-house directly—there were perhaps thirty or forty people at the first row, and when they dispersed Webb and Skinny came down—at the time of the second row there were only six persons until the twenty boys flew from the ruins—I saw the policeman and Newton give chase across the ruins—I did not go to the station with Riley—I knew that he was to be brought up at the police-court on Monday morning, but I had to go to my sitter's, who was very ill—I did not go to the station and tell the police that he was taken up innocently—he was brought up twice at the police-court, and I was there on the second Monday after his remand, but I did not volunteer my evidence—I was not called, but we paid Mr. Lewis, the solicitor. COURT . Q. You say " we " paid? A. Riley's mother paid it; I did not pay anything. MR. PATER . Q. Were you there, ready to be called, if necessary? A. Yes; I was present when the money was paid, and I told Mr. Lewis that I would be there if necessary—Riley lives at the top of Union Court, Holborn. THOMAS MOORE . I live at a lodging-house, 23, Field Lane, and get my living by a little assistance from the parish, and by calling the lodgers up—I have lost my sight for seven years, I knew the prisoners before that—I heard that they were taken in custody, and after their remand I went to where the prosecutor lodged, 19, Field Lane, to inform him of the unguilty persons at the bar, and that there was a tall man who struck him and knocked him down, who was not in custody—he said that he believed it to be true, and believed the person represented to him was the party who knocked him down, and that Riley was the unguilty party—he also said that if he got the price of his tools he would not prosecute. Cross-examined. Q. Have you ever been in custody? A. Yes, seven or eight times for assaults—it was always for assaults, when I was intoxi cated, before I lost my sight. COURT . Q. How came you to go there? A. By other parties speaking about it, and saying that the three lads were innocent—I know that it was Webb I went to, because he answered me, and there were fifteen or sixteen lodgers in the room—it was between the 2nd and 14th April, during the remand. COURT to GEORGE HAYNES . Q. Whereabouts is Union Court? A. George Alley, Field Lane, runs into it—you can go from George Alley into Union Court—Riley was running from George Alley towards Hol born; that would not be his way home—his way would be up George Alley—the Holborn end of Union Court is pulled down, and he could not get in that way—he must go in the other way. GUILTY . RILEY **†and McCARTHY *— Confined Eighteen Months each. CARRICK **— Three Years in Feltham Reformatory. 500. HENRY TAYLOR (18) , Unlawfully obtaining, by false pretences, six shirts; and JAMES RANDALL (18) , Unlawfully receiving the same; to which TAYLOR PLEADED GUILTY . MESSRS. BESLEY and STRAIGHT conducted the Prosecution. HENRY TAYLOR ( the Prisoner ). I have pleaded guilty to this indictment—I have known Randall ten years—he has been a porter at different places—on 18th February I was in the employ of Messrs. Yeatman and Co., hosiers, Regent Street—I left there, and Randall knew I had left and that I was out of work—I saw him frequently—I saw him three or four weeks after I left, it might be more—I told him I was going to the city to get some goods, and asked him to go with me, and we went—he went with me on more than one occasion—we went to Tucker's, in Wood Street, and got some Car digan jackets—Randall stopped outside—we pawned the things we got—sometimes I would pawn them and sometimes Randall would, at different places—I remember going to Messrs. Morley's and getting six merino shirts—Randall was not with me then, he was in work—I saw Randall about a fortnight before I was taken—Randall went with me to the city I should say about half a dozen times, perhaps more—I have seen these pawn tickets before ( produced )—very likely I pawned more than half of them—I kept the tickets in my possession, and Randall used to give me his, but I afterwards gave them all back to him—we spent the money got from the pawnbrokers between us—we lodged together at a coffee-house—we had our meals together—sometimes I paid and sometimes he did—I know these tickets ( produced )—they refer to merino shirts and Cardigan jackets—I cannot say where I got the shirts from—I signed in Messrs. Morley's books, sometimes in the name of Henderson, and sometimes Wil liams—on 4th April, when I got the Cardigan jackets from Messrs. Morley, Randall waited for me at the Post Office—I pawned those jackets the same day, one at Mr. Dobree's, one at Smith and Dymond's, in Newgate Street, and another at Mr. Lawley's, 78, Farringdon Street—Randall went with me to all those places, but he did not go into either of them—I do not recollect Leonard Wilson's, 253, Goswell Road—I only went to those places once. COURT . Q. Did you tell him you were going to get the goods in the name of your former employers? A. No—I told him I was going to get them from the city, from the places where I used to get them from when I was in work—I did not say what was to be done with them until after I got them, and then we said we would pawn them—I proposed pawning them—I said, "We had better pawn these"—I do not recollect what his answer was, but we went and pawned them—I handed over the tickets to him, because my pockets had got holes in them—we went and pawned the subsequent goods as a matter of course. THOMAS REEVE . I am assistant to Messrs. Smith and Dymond, pawn brokers, 80, Newgate Street—this ticket, dated 4th April, corresponds with one which I have—it refers to this jacket, upon which I advanced 4 s .—I do not know who pawned it, but the name given was, John Wilson, of John Street. WILLIAM HENRY BUSS . I am assistant to Mr. Lawley, of 78, Farring don Street, pawnbroker—I produce a Cardigan jacket, pledged with us for 4 s . on 4th April—this is the ticket I gave, and it corresponds with one I have—I could not recognise the person who pawned it, but Taylor bears the most resemblance to him. CHARLES BUNNING . I am assistant to Mr. Dobree, of 264, Strand, pawnbroker—I produce a Cardigan jacket, pledged for 4 s . on 4th April—this is the ticket I gave, and it corresponds with the one I hare—I cannot swear to the person who pledged it. THOMAS ASHLEY . I am a pawnbroker, of 27, Myddelton Street, Clerken well—I produce a shirt, pledged on 27th March for 2 s . 6 d ., in the name of Henderson—this ticket corresponds with one I have—I could not speak with any certainty to the person who pledged it. THOMAS JONES . I am assistant to Jones and Cox, 27, Prince's Street, Leicester Square, pawnbrokers—I produce a shirt, pledged on 30th March for 2 s . 6 d ., in the name of John Church—this ticket corresponds with one I have. AUGUSTUS WILIAM HESSE HILDEBRAND . I am in the employ of Messrs. J. and R. Morley, of Wood Street—these goods ( produced ) belong to them—I was present when they were obtained—I could not swear to the person who got them, but Taylor looks very much like him—he asked for three Cardigan jackets of about 100 s ., all black—I asked for whom they were, and he said for Yeatman and Blaydes, Regent Street—I sent the goods to the entering room. STEPHEN HENRY CARDWELL . I am entering clerk to Messrs. J. and R. Morley—I enter goods that are sold in this book ( produced ), and by the side of the entry is the signature—on 29th March I find an entry, "Yeat man and Blaydes, Regent Street, one parcel of hosiery," signed by H. Wil liams—Taylor signed that—on 4th April I find three Cardigan jackets entered to Yeatman and Blaydes, and signed, "H. Henderson"—Taylor signed that. WILLIAM BLAYDES . I am in partnership with Mr. Yeatman, 91, Regent Street—Taylor was formerly our porter—he left us on 18th February—I did not authorise him on 29th March or 4th April to obtain goods for us from Messrs. Morley, and I never received any goods from them on those days—before he left our service he used to go for goods. WILLIAM WALLER ( Policeman 121). About half-past twelve on the night of 23rd April I went to a lodging-house in George Street, Blooms bury—I saw Randall there—I told him I was a police officer, and should take him in custody for being concerned with another man, who was com mitted for trial, for obtaining goods under false preteuces—I asked him what he had got to say in reference to the charge—he said, "Yes, it is all right; I have nothing to do with it, but I have the whole of the tickets, and you will find those tickets at 27, Davies Street, Grosvenor Market"—I took him to the station, charged him, searched him, and found these three duplicates ( produced )—I found seventy-one duplicates at the address he gave. Randall's Defence. I deny receiving the goods from Taylor. NOT GUILTY . 501. HENRY TAYLOR was again indicted for unlawfully obtaining six shirts by false pretences, and JAMES RANDALL for receiving the same; to which TAYLOR PLEADED GUILTY . HENRY TAYLOR . The evidence given by this witness in the previous case was read to him, to which he assented, and added: —On 30th March I went to the Nottingham Manufacturing Company, Wood Street, and saw Mr. Gardner—I obtained six merino shirts from him—I told him they were for Yeatman and Blaydes, Regent Street—I signed the book, I cannot say in what name, but very likely it was Williams or Henderson—the prisoner was not with me—I cannot fix the date, but now I think he must have been with me. THOMAS WARNER . I am in the employ of Miss Fleming, of Lower John Street, Golden Square—I produce a shirt pledged on 30th March by the prisoner Randall—this ticket corresponds with the one I have. COURT . Q. Are you sure he is the person? A. I said at the Mansion House that I was not sure, and the prisoner admitted that he was. ( The depositions, being put in, stated , "The prisoner here voluntarily remarked, 'I own I pawned that shirt.'") He said that in my hearing—I cannot recollect the words. WILLIAM WALLER ( Policeman 121). I was present at the examina tion before the Magistrate—I heard Mr. Warner examined—after his evidence had been taken I heard the prisoner say, "Yes, I own I did pawn that." HENRY GARDNER . I come from the Nottingham Manufacturing Com pany—on 30th March Taylor came to me and asked for the shirts—I served him—I said, "From Yeatman and Blaydes, I suppose?" and I understood him to say, "Yes"—the goods were sent to the entering room to bo entered—he had six shirts—this is one of them ( produced ). WILLIAM HENRY LAMB . I am entering clerk to the Nottingham Manufacturing Company—on 30th March I find entered in this book ( produced ), "Yeatman and Blaydes, one article," signed, "H. Williams"—I do not know who signed. RANDALL — GUILTY .— Confined Nine Months. TAYLOR — Confined Eighteen Months . 502. THOMAS CREIGHTON (31) , Unlawfully wounding Louisa Creighton and occasioning her actual bodily harm. MR. SLEIGH conducted the Prosecution. LOUISA CREIGHTON . I am the prisoner's wife—he is a shoe maker—we live at 3, Bath Street, Bethnal Green Road—we have three children—on Easter Monday we went out together, and during the evening we separated, and he went home first—I went home about half-past two in the morning—he saw me at the door talking to a man—he had been looking for me—he asked me the reason why I was not in doors with my family, and struck me under my mouth—I did not see any knife, but directly afterwards I found my mouth bleeding—it was under the chin—I began crying, and a constable came and took him—we had both been drinking, and I was partly drunk. ELDRED KEENE ( Policeman 215 K ). I was in Bath Street, heard a woman screaming, and I went to see what was the matter—I found the last witness bleeding under the chin—she said that her husband had stabbed her with something, but she did not know what it was—that was in his presence, and he said he would stab any one that would deceive him as she had done—one of the bystanders said that he had a knife in his hand—I took him to the station, and there fonnd a knife on him—there was a slight stain on it, but I cannot say that it was blood—the wound looked as if it had been done by a sharp instrument. COURT . Q. Was the prisoner drunk or sober? A. He was under the influence of liquor, but not drunk—his wife was the same. JAMES ROLFE . I am a surgeon, of '237, Bethnal Green Road—I examined Louisa Creighton, and found an incised wound three-quarters of an inch long, dividing the integuments under the chin—it could not have been done by a blow, but by some sharp instrument, such as this knife—there was fluid blood on it at the station. Prisoner's Defence. About one o'clock on Tuesday morning I missed my wife. I went home and lit a candle to see if she was in bed; but, not finding her there, I went to look for her, and found her committing her self with a man in the open streets. I struck the man, and he ran away, and then I struck my wife with my left hand. She has had no provocation for ever deceiving me. I have always been a good husband, and a good father to my children. GUILTY . Strongly recommended to mercy on account of the prococation. COURT to LOUISA CREIGHTON . Q. Had your husband assaulted you before? A. No—we have been married six years and a half—it is true what he says about my committing adultery—I do not want him to be punished. To enter into his own recognisances in 20 l . to keep the peace for Twelve Months. 503. DAVID MACK (34) , Robbery on John Selwyn , and stealing 3 1/2 d ., his money. MR. LILLEY conducted the Prosecution. JOHN SELVYN . I live at No. 7, Mount Pleasant, Gray's Inn Road, and am a fishmonger—about half-past one a.m. on 24th April I was re turning home—I was sober—going down the Gray's Inn Road three men rushed out of a court and seized me—the prisoner caught hold of me under the chin—I secured him and called out, "Police!"—the other men ran away—3 1/2 d . and a key was taken out of my trousers pocket—they were safe before I was attacked—a police sergeant came up and took the prisoner—he found a penny on the ground. Prisoner. Q. Were you not in Holborn with two or three females, and did not one of them demand payment of you? A. No—a female did not take hold of me by the shoulder—I do not know where Brook Street is. JOHN LINEBORN ( Police Sergeant G 1). I was on duty in Gray's Inn Road about a quarter to two a.m. on 24th April—I heard loud cries of "Police!" and proceeded in that direction, and saw the prosecutor and prisoner lying in the road struggling—I seized the prisoner—the prosecutor got up and charged the prisoner with seizing him round the neck and taking 3 1/2 d . from his trousers pocket—he said there were two other men; he was quite sober—another constable came up—the prosecutor said he had heard something fall; I searched and found a penny. Prisoner. Q. When you came up did I not say, "I think he has dropped something out of his pocket?" A. I do not recollect it; I do not recollect your asking me to look on the ground. Prisoner's Defence. I was engaged by a man to see him to the Great Western Railway. I had been there and was returning home. I saw the prosecutor with a female in Holborn. I never put my hand near the man's pockets. I am innocent. GUILTY . He had been fifty-four times previously convicted.— Ten Years' Penal Servitude. 504. JOHN BENTLEY (30) , Unlawfully, during his examination in Bankruptcy, omitting to discover to whom and upon what terms he had disposed of part of his personal estate, with intent to defraud. MESSRS. METCALFE and NATHAN conducted the Prosecution, and MR. BESLEY the Defence. JOHN CLARKE AUSTIN . I am an usher of the Court of Bankruptcy—I produce the proceedings in the bankruptcy of John Bentley—I know that the prisoner is John Bentley, the bankrupt—I have seen him there twenty times—the petition was filed on 25th October, 1866, by the bankrupt him self, and was adjudicated on the same day—this is the schedule ( produced ) —it was filed on 2nd January, 1867—according to the statement of accounts, the creditors unsecured are 272 l . 2 s . 7 d .; creditors to be paid in full, 1 l . 4 s .—there are no secured creditors—the assets are "Good debts, I 5 l . 3 s ." "Baddebts, 110 l . 17 s .;" "Property given up to the assignees, 22 l . 3 s ."—in the property sheet he says, "Sold by the assignees for 22 l . 3 s ." ( The hankmpt's examination was put in and read. ) Cross-examined. Q. How many creditors proved? A. Five: Mr. Rolf for 44 l . 19 s .; Benjamin Cluff, 22 l . 6 s . 4 d .; Mr. Wrangham, 77 l . 4 s . 1 d .; Mr. Libers, as agent to Mr. Rolf, 44 l . 8 s . 3 d .,; and Joshua Batty, 44 l . 19 s . JOHN KIBBLE . I am senior clerk in the office of the Chief Registrar in Bankruptcy—it is my duty to receive petitions for adjudication—I produce the prisoner's petition, which I received on 25th October, 1866. ---- PLATT . I am clerk to Mr. Davis, anctioneer—on, I believe, October 27th I went, by direction of the messenger, to the bank rupt's premises, and took this inventory ( produced )—the whole value of the goods I found on the premises was 21 l . 3 l .—I find this memorandum at the foot, "The property comprised in the foregoing inventory includes the whole of my estate and four weeks' rent, John Bentley"—I left a few articles equivalent to the value of those four weeks rent, which is 30 s .—I do not think the furniture will realise that, but we left the furniture of a certain room. Cross-examined. Q. What are the articles you valued at 21 l . 3 s .? A. About sixty pairs of women's and twenty-five pairs of children's boots, a few cuttings and uppers, four butts of sole leather, a leather-rolling machine, and a few sundries appertaining to the business—we left the furniture for the rent—it would have realised from 1 l . to 30 s .—it was a four-roomed cottage, at 19, North Street, Bethnal Green, with, a built-out washhouse, used as a workshop—the weekly rental was about 8 s .; I have got that in my book. JOHN LIBERS . I am manager for Mr. Rolf, a leather merchant—I am the prisoner's assignee—I last sold him goods on 11th October to the value of 44 l . 8 s . 3 d ., which were sent the same day—I have not been paid. Cross-examined. Q. Had he been dealing with you before? A. About six months—he may have paid me about 100 l .—this is the ledger account in my writing—in the sale book the first transaction he had with, me is 24th February, 3 l . 18 s .—there were eight transactions altogether—this book goes back for three years—if ready-money transactions had token place I should have entries of them—I am positive that February, 1866, is the first transaction. MR. METCALFE . Q. Did he pay all but the last two? A. Yes, the one of 11th October and the one immediately preceding—I prove one transaction, and a bill is drawn for the previous one—I am not positive whether I included it in my proof, but my impression is that I proved for the whole—the bill was dishonoured the same day: he received the fresh goods before I knew of its dishonour. Prisoner. I paid him the bill on 10th October, the day before, and he sent it back to me. Witness. On bills being due we send out printed notices, and he was requested to attend to this bill, and bring the money in good time for us to take it up—he brought it at four o'clock—I said, "It is late, and I am afraid the notary is on his way to your place; you had better go back, or your credit will suffer;" and in the meantime the porter was sent down for fresh goods. MR. BESLEY . Q. Did you hear from him that on the notary coming for the bill he refused to take the money? A. I did not hear it from him, but as soon as I learned that the bill came back, I sent down one of my men, and he was told that we had better apply to a solicitor. JOHN WARNGHAM . I am a leather merchant and shoe mercer, of 132, London Wall—the prisoner dealt with me for three or four months before his bankruptcy—the last transactions were for 29 l . 16 s . 3 d . on 6th October for Australian hides, and 23 l . 0 s . 6 d . on 12th October for kid and elastic—all those goods remain unpaid for—I went to his premises on the Monday or Tuesday before his bankruptcy, which wag on Thurs day—I went into the shop, and saw a very small quantity of goods indeed—I think it was Tuesday, but it might have been Wednesday morning—the goods mentioned in the inventory would pretty well represent what I saw—I did not ask the prisoner anything about the goods—I asked him if he had any of our goods left which had been sent on 12th October—he said that he had nothing but a piece of lining, which he showed me, having made the rest up and sold them. Cross-examined. Q. About how many transactions had you in the three or four months? A. Five—he paid me for two parcels three months before the last two, and for the last he paid partly money and partly by bill, which was returned—he may have paid me, without the bill, 40 l .—he did not pay me some more about 11th October—the payments were all made to me—I sent the last lot of goods by a porter, who I think brought back some money—I have only been in the front shop, not in the workshop—he makes up boots for the trade—he might do a retail trade, but I understood him to buy the materials to make them up as fast as possible by machinery, and take them to the wholesale houses—he excused himself for having none of my materials by saying that he had made them up and sold them. MR. METCALFE . Q. Had there been time to make them up? A. I should hardly think so. BENJAMIN CLUFF . I am an elastic web manufacturer, and am one of the prisoner's creditors—I last supplied him with goods about 3rd October—he owes me 22 l . 6 s ., for which I proved under the bankruptcy—I was at his house on 20th October, the Saturday before the bankruptcy—I went for my money—I saw a quantity of goods and leather, and some machines there, value over 100 l .—the prisoner had told me some time in the week before that he had other goods made up up stairs. Cross-examined. Q. Is the elastic webbing for making the side-springs of boots? A. Yes; I went there on the Wednesday, the same week that he was bankrupt; I said that I had come for 2 l . 3 s ., and he told me that he had no money: I said that I could do with boots to the amount, he said that he could not do that; I said that he might give me some of the boots which were hanging up, he said that he could not give me any, but gave no reason, except that he had not got money: I said that I heard there was something amiss, and would go and tell the other creditors—I believe that was after he had told me I could not have the goods—I left my son there to see that nothing was removed—a boy went with me in the first instance, and then I sent for my son—I also sent to Mr. Wrangham—Matthews came there—I went at seven in the morning, and Matthews's cart was standing at the door—I did not see Matthews at all—the cart went away, but I did not see it go—I was in the shop when it left—I did not see who drove it away; it was gone when I came out—I did not see whether anything was in it—nothing was taken out of the room while I was there—I did not hear Matthews say that he would give him till two o'clock, and if he did not pay him then he would take away the machinery—I never saw him—the machines were there on the Saturday, but I did not see them on this occasion—I should think the machinery was worth 40 l ., and all the other things in the place 60 l . or 70 l .—I swore that the last time I was there was Saturday, but that was a mistake. MR. METCALFE . Q. Did you see the goods upstairs? A. No; it must have been Wednesday morning when I saw Matthews's cart—I just went into the front shop—I do not know what Matthews's cart was doing there so early—the boots and shoes were hung on pegs on the walls—the walls were covered on the Saturday, but there were not so many on the Wednes day—the boots and shoes in the front warehouse on Saturday must have been worth more than 40 l ., but on the Wednesday I should think there were not a quarter as many—I will reduce it from 40 l . to 10 l .—the leather and the boots there on Saturday were worth about 30 l .—I did not see much leather on the Wednesday—I saw no one with the cart when I went in, and no one went from the shop while I was there, but they might have gone through the passage. JOHN FERDINANDO . I live at 29, Peter Street, Hackney Road, and deal in elastic webbing—I have known the prisoner about eighteen months—I am not a creditor of his now—I have often been on his premises before ho was bankrupt—he owed me a trifle of money, which was the reason of my going backwards and forwards a week previous to the bankruptcy—I ultimately got it by continuous going—the last time I went was on Wednesday, between eight and nine in the morning, and he was bankrupt next day—I had been there on the previous Saturday, and saw hard upon four gross of boots and shoes, made and partially made, the value of which would be 112 l .—there were butts of leather and various other kinds of leather—I should think the uppers and different things lying about would be 20 l . or 30 l ., about 140 l . or 150 l . altogether, and then there was the machinery—when I went on the Wednesday the place had a poverty-stricken appear-ance, it did not look like the same place to me—I did not see any butts of leather—there were a few remnants lying about, to the value of 12 l . or 14 l .—I did not go up stairs on the Saturday—I know that the prisoner kept stock up stairs, because that was where he said the robbery was effected—he told me that—on the Wednesday previous he said that he was going to apply to the Bankruptcy Court—I said, "You will not be able to do that unless you can give an account of all the property you have had"—he said that he should say there had been a robbery—he also said that he had lost 40 l . by a man named Jones—I do not think I stated that fact before—that was a bad debt—he said that he lived somewhere about Islington—I said that he would have to give the particulars of that, and show that there was such a person—when I went on Saturday for a portion of the money, he said that he had been robbed—I said, "Indeed I"—he seemed to have for-gotten what he had told me on Friday—I said, "What is the amount of the robbery?"—he said, about 30 l ., and that he had sent for the police and they did not seem to believe him, but looked sternly at him and said, "Where do you get your credit from? go and tell the tale to your creditors"—on the Monday or Tuesday before he became bankrupt he said, that on account of his keeping back the 23 l . for Rolfs bill, they had served him with a copy of a writ, and that he had been to Mr. Matthews's lawyer, named Bryant, who said that it was no use trying to enter an ap-pearance about it, but he would take him through the Bankruptcy Court for a consideration of 9 l ., and in the interim he must clear out and take care of himself—when I went there on Wednesday, 26th, at ten a.m., I saw Bentley's horse and cart at the door—he went out with it to take some goods home, which he brought from up stairs—it was a small basket of boots—he put it in the cart and drove off with a man named Frank-lyn, a traveller for one of the firms. Cross-examined. Q. How many transactions have you had with him? A. Several—I dare say I have done trade with him to about 50 l . from October of the previous year, up to about six weeks before his bankruptcy—he owes me 2 l . 17 s .—that is the debt that I went about so often—I know Cliff—he deals in the same articles as I do—I was in the front shop on the Saturday—it is about the size of that place ( the Counsel's table )—there is a glass door there about two feet six—the passage is not through the centre of the shop, but at the side—there is a doorway through to the back room—on either side of the doorway there is from four to five feet—there are three rows of nails on each side, and about ten nails in a row—it is a sort of rack which a portion of the boots are hung upon, but the boots in that trade are not put upon nails—they are put into baskets or made into little mountains—I took very little notice of the boots on the nails, because that was not the point at issue at all—it is usual to hang two or three pairs on one nail, but I took very little notice of the nails, because the stock was not on the nails—there was a lot here and a lot there, and about half a gross in the basket—it is not like a shop in the City—it is a different trade to that—there were five ar six lots lying about, and there was a hamper, and a great quantity in the window, and they were strewed all over the place—taking the window and the front round it, there were two or three dozen there—the hamper was open—it is known in the trade that a certain hamper carries a certain quantity—I do not make boots—that hamper would hold half a gross of full-sized boots, and it was full, all but the top row—three or four dozen were on the counter, and I saw another lot of three or four dozen lying by the desk unfinished—there were two dozen on the nails, as well as I can remember—that makes eighteen dozen out of the forty-eight, the other thirty dozen were lying about all over the place—no one was present on 18th October when he talked about the Bankruptcy Court—we wont over to a public-house, and the conversation took place there—that was the night he spoke about the robbery, and he also spoke to the landlord about the robbery—I said to the prisoner, "You will not be able to go through the Bankruptcy Court unless you give an account of the property," and then he said, "I shall say that a robbery has been committed"—I made that remark on the 18th, while the landlord was drawing two glasses of beer—the prisoner first talked about bankruptcy on the Monday or Tuesday, after he had been served with a copy of a writ—he said that Matthews had taken him to his lawyer, Mr. Bryant—that was in the street—no one was present—he had said nothing to me about a robbery before 18th October—he told me first, and told the landlord after-wards, and he spoke to me again about the robbery on Saturday—he is married—I do not know that his wife is given to take too much to drink—I know that it has been said so, but I do not believe it; I think it is very unfair—I never saw any indications of it—I do not live in the house. WILLIAM FANE . I am a clicker, of 63, Murdock Street, Bethnal Green—I have been employed by the prisoner occasionally—I was at work there on the Monday night previous to his bankruptcy, and on Wednesday night, and I was there all day on Saturday, and was at work there on Monday morning—I was not at work on Wednesday—on Saturday I saw between two and throe gross of boots and shoes, the same ns usual, and several butts—the value of the boots and materials I saw was about 200 l . without the machinery—I have not lately had an opportunity of seeing what there was up stairs—the last time I was up stairs was eight months ago, but I have seen him go up stairs and fetch goods down lately—I heard he had had a robbery—I cannot say who told me so, but I believe he did—I saw some of the articles I have spoken of after that—the place was in the same con-dition on Monday as on Saturday, but on Wednesday it was empty—there might perhaps have been six dozen of boots knocking about, but nothing worth speaking of—I last saw the horse and cart on the Wednesday night—it was standing outside the door at a quarter or twenty minutes past eight—when I went away I left it there. Cross-examined. Q. Did you ever sell a single pair of boots in your life? A. Many—they vary in value; some womens' boots are sold as low as 1 s . a pair, 7 l . a gross—the prisoner never got up any children's work, or very little—it was principally women's boots, varying in price—my duty was cutting them out—I also worked for Mr. London, of the Commercial Road—I work for the prisoner from six to eight in the morning and at night—I have seen boots brought from up stairs many times, to make up a quantity for customers—he dealt with wholesale people, and had to sell at the smallest possible profit—there were full three gross there on Saturday—they were about the place in different parts, some in the window, some on nails, and some in the back place, which the men were doing—there was only one person at work in the back place, I think, on Saturday morning, but there ought to be another one at night—I make the stock without the machinery come to 200 l ., because: the boots were principally kid—I think the prisoner used to sell them at 5 s . a pair—I never had anything to do with selling them—that is not a very high price for women's boots, whole-sale, I am paying 5 s . 3 d . to Mr. London now by the dozen—I do not say that all these are worth 5 s . a dozen—there might have been some enamel ones, and a few cashmeres, but the majority were the best—I have not reckoned them up, and I am not a good scholar—I arrive at the 200 l . because I think that a business like that could not possibly be carried on under that amount, for stock and floating capital—there were not goods out which were not paid for—they were boots in preparation of making—I do not think there was a shoe there—I believe the cutting press was a twenty-five inch one, that at 1 l . an inch would be 25 l .—I should think that the machinery was worth more than 100 l ., including the lasts—I mean to say that there was 200 l . worth of stock, besides the machinery. MR. METCALFE . Q. What were your hours on Monday? A. I do not think I was there in the morning—I went about half-past eight at night for a short time—I was there in the previous week on Friday morning, and Saturday—I used to be there entirely on Saturdays, as I work for a Jew. ALEXANDER PERRY . I am sixteen years old, and am the prisoner's apprentice—I was at work with him all the week before his bankruptcy up to the Saturday—I did not go to the premises after Saturday—I slept up stairs in the back room on Saturday—I did not see any stock kept in that room that week, but boots and shoes were kept there sometimes—there were none in any room up stairs—I heard the prisoner say that he had lost some skins by a robbery from a shelf up stairs in the back room where I slept—I believe that was one Wednesday night, the Wednesday before the Saturday I spoke of—I was sleeping there on the Wednesday night—I did not hear anybody come in—to get to the shelf he spoke of, a person would have to stand on my bed or on a chair—I did not miss any skins—ho said there were six dozen; that would form a large bundle—I saw no such bundle there, but a week or a fortnight before the bankruptcy I saw him take away some goods in hampers with a horse and cart—there were about nine hampers altogether, and he took away three at a time—I could see through the canes that there were boots in them—the prisoner and I put them in, and the prisoner drove—It was towards the afternoon part—I did not go with him—the cart came back with the empty hampers, and he filled them again and took them away again the next day—I did not see him fill them—I assisted him to put them into the cart—I have seen him remove furniture in Mr. Matthew junior's van, not that week but before that—the prisoner and Matthews put the goods in the van—I only saw that done once—I did not see who went off with them, as I was called—I removed a hamper to 3, Viaduct Street—it was not a small one—Mr. Allen lives there, who assisted me himself—I do not know what it contained—it was very heavy—that was a few days before the bankruptcy—Mrs. Bent ley directed me to do it—I did not hear the prisoner say anything about a writ. Cross-examined. Q. I believe Mr. Bentley was out at the time. A. Yes, I first went to live with the prisoner about two years ago—the making of boots has been carried on all that time—tho hampers are cane baskets, for the purpose of sending out goods—they hold three dozen full-sized women's boots, I think—they were not always in constant use during the first two years; one was in use, and I believe he borrowed two others—I have delivered goods myself in one of them—I have received money in payment for goods—I do not know how much a dozen for the best quality boots—I never took the money for a dozen—I have taken a dozen home, but cannot remember what I have been paid—the skins were supposed to be kept in the room were I slept, and were fetched down as they were wanted—a policeman came to the place on a Saturday, not the last day I was there, but a week before. Q. It has been suggested that you did not wake up on the night of the robbery: did you wake up on the night of the policeman going there; did you hear that he had been into your room and that you did not wake up? A. No, I did not hear it—I found the window of the back room where I sleep, open in the morning; I had fastened it the night before—I had to go down stairs tho same night on account of the horse being loose, and at the same time I found tho window open—it was three o'clock in the morning—I had gone to bed at ten o'clock, and between ten and three the window had been opened by some one. COURT . Q. When did you find the window open? A. When I went to bed I shut it, and at three o'clock, when I went down to the horse, I found it open again, before I went down—I sleep soundly; two policemen came. MR. BESLEY . Q. Have you heard words between the prisoner and his wife while you have been living there? A. Yes; whether true or not, the prisoner has said more than once that his wife drank too much—I know John Ferdinando—I do not remember his coming on Wednesday—I was not occupied in the room where the boots were, but in the back room adjoining—I used to go through the back room into the passage—I had nothing to do with the front shop—I used not to mind it whilst they were at their meals—some riveters worked there, besides Payne and me—I cannot say whether there were ever more than two gross of boots on the premises at ono time—I cannot guess at all how many there were—they were not sent away as soon as finished—I did not take them out—I only delivered quantities as small as a dozen—when Mrs. Bentley sent me to 3, Viaduct Street, Mr. Bentley was out of the house. MR. METCALFE . Q. About the open window, which day of the week was that? A. The Wednesday week before I left; I left on the Saturday before the bankruptcy—the prisoner called me up, he was in my room before I saw the window open—he told me that the horse was loose, and I went down and fastened him up—I shut the window after I came back. SAMUEL CRONER . I am a creditor of the prisoner—I did not prove the account under the bankruptcy—my debt is between 18 l . and 19 l .—I went to him two days after the last goods were delivered—this ( produced ) is the invoice—aflter he had filed his petition I went there and asked him what for he had filed his petition; he would have done better to compromise with his creditors and make an agreement—he said he was afraid his creditors would not take his offer, and he had been robbed of a great number of his goods, which was the reason he could not pay—I said, "Bentley, what you say about being robbed is all bosh , but you had better come up to the soli citor and make an agreement with the creditors"—he tried to do so, but he had some bad advisers, I think—there was not much stock in the place then, that was after he hod filed his petition—I had been there before—there was never a very extensive stock. Cross-examined. Q. There never could have been a great deal, judging from the bankruptcy? A. No; the property he had of mine was materials, value 5 l . 1 s ., early in October—I called there two or three days afterwards and saw several dozens of boots hanging about, and a few kid skins—50 l . would cover the lot, leaving out the machinery—the highest price he could get from the wholesale houses for the best articles he manufactured was 50 s . a dozen, and 36 s . or 42 s . for the worst—he tried to make an arrangement after bankruptcy, and I think if he hod had any one else to advise him he would have done so—he tried to take it out of bankruptcy and privately arrange it—he has dealt with me two years—I trusted him never more than from 13 l . to 15 l .—I took from him during the two years 10 l . or 15 l . a week—ho paid me nearly every week—he paid all except the last lot—I was there mostly every week, sometimes every fortnight—I went there every week in October up to the bankruptcy—I saw no difference when I was there—he would make a very small profit on manufacturing, as he sold to the wholesale houses, five or six per cent.; the utmost would be ten per cent., and he might make bad debts, especially if ho took goods on credit. MR. METCALFE . Q. Where were the goods you saw? A. A portion of them were in the shop—I did not go into the back shop—I did not see what was up stairs. MR. BESLEY to A. PERRY . Q. How many chairs did you see taken away? A. I believe about half a dozen, but only one table—they were cane-bottomed chairs—a chest of drawers was also taken away—I do not know what became of it—those were all the goods I saw removed—I do not know when they were removed—it was before the bankruptcy—I do not know whether it was before the nine hampers were taken—I did not miss any thing else, because I did not usually go into the front room up stairs—there were some beds. NOT GUILTY . 505. THOMAS WILSON (19) and THOMAS JONES (35) PLEADED GUILTY to stealing a coat, the property of Edwin Baxter , both having been before convicted. — Confined Eighteen Months each . 506. THOMAS BROWN (19) was indicted for a libel. MR. STRAIGHT conducted the Prosecution, and MR. MOODY the Defence. RICHARD MANN . I live at 17, Henry Street, Portland Town, and am timekeeper to Mr. Norman, the builder—the prisoner was in Mr. Norman's employ on 16th, 17th, and 18th October, and I discharged him on the morning of the 20th, after which he abused Mr. Norman—on 12th January he called and said that I had made a mistake with his father-in-law's money, who was in our employ; I had not got him paid enough—ho also said, "I will serve you out yet before I have done with you"—I know the prisoner's writing, I have seen him write—this letter ( produced ) is in his writing, envelope and all—there is no truth whatever that I was living in adultery with a married woman, the mother of a family, or that I knocked my mother down stairs and broke her leg—I did assault my mother, and received punishment for it, but there was no limb broken, nor yet a scratch—it was under considerable provocation; I was taking the part of one of my own children, who is now dead—these two letters ( produced ) are in the prisoner's writing—I did not see him write this, but I know it to be his. Cross-examined. Q. When have you seen him write? A. In June and July last, in my house—he has been a regular visitor there to the young men connected with my family—he is on friendly terms with a nephew of mine, and they got forming letters to see who could write the best—that was in June or July last year—that was the only time I have seen him write—there might be two or three occasions, but I can only say one—I received the first letter on 24th February—there was Charles Richardson, who is at sea, and a young man named Henry Mann, my nephew, who is on the Great Northern line at Camden Town—I am not a very good penman—I have never before had to give evidence of handwriting—this was seven months before, but the same writing kept coming to me day by day afterwards—another witness will prove that it came from the prisoner. VERE WOODMAN . I am a labourer, of Kingsbury—I received this letter from Mrs. Jones, my sister—it is addressed to her, "Laundress, Hendon, Middlesex"—I took it to Mr. Mann—I was at that time engaged to be married to his daughter, and have been married to her. SARAH JONES . I am the wife of Arthur Jones, of Hendon—I received this letter through the post on 8th March—I do not know who it came from—I read it through several times, and then sent it to my brother. HENRY BURTON . I am not a witness for the prosecution, but for the defence—I have seen the prisoner write—I am in the employ of Mr. Norman, the builder—the prisoner was also in his, employ two or three days—these papers produced are what I call time-sheets—I cannot say that they are in the prisoner's writing, as they have been out of my hands; I have not seen them these two months. COURT . Q. Are the labourers in the habit of signing their names when they receive money, or writing down the day? A. No, the amount is put down, and then they come away—the prosecutor puts it down; the labourer is not there when the time-sheets are made out—I cannot swear whether this is my writing, as it has been so long out of my hands. HENRY BALDWIN ( Policeman 159 D ). The prisoner came to me on 6th April, and asked me if there was a warrant out against a man named Burton—I said, "Yes, arc you the man? I will read it to you—I read it to him, and he said, "I know nothing about it, but I am the man it is meaut for"—I took him into custody. Cross-examined. Q. When had that warrant been placed in your hands? A. It is dated 25th March—there had been a summons in the name of Burton left at the prisoner's house. The letter containing the libel was directed to Mrs. Jones, Laundress, Hendon, Middlesex, stating that Richard Mann was living in adultery with a married woman, and that he had knocked his mother down stairs and broken her leg. Witnesses for the Defence. ---- HEINRICH . I have seen the prisoner write once—this letter is not his writing. Cross-examined. Q. How long ago did you see him write? A. A little more than a week—he did not ask me to look at his writing, I did it on my own account; he was showing me how he wrote—that was within a week—it was at Mr. Johnson's, the solicitor for the defence—the writing of this letter is somewhat larger than usual; there is not a single letter in it which corresponds with the prisoner's writing. ANN BURTON . I am the prisoner's mother—he is my child by a pre vious husband—I live at 17, Victoria Terrace, Portland Town—I have frequently seen the prisoner write—I could distinctly swear without any hesitation that these letters are not his writing. Cross-examined. Q. How lately have you seen him write? A. This morning in my house, where he lives with me—he made up my rent-book and my baker's book—he was not showing me how he writes; there was no need for that—Mr. Burton is my present husband, Mr. Heinrich is my baker, and my son's bail. MR. MOODY to RICHARD MANN . Q. Had you previously received a letter? A. Yes, on the 8th a note was written among our family to keep this case to ourselves. MR. STRAIGHT . Q. Have not you received many other letters of the same kind? A. Yes, here they are ( produced )—here is one I have received since he has been bound to bail. NOT GUILTY . 507. STEPHEN SAMUEL WALES (46) was indicted for feloniously setting fire to his dwellinghouse, with intent to injure and defraud. MR. SERJEANT BALLANTINE , with MR. F. H. LEWIS , conducted the Pro secution; and MESSRS. RIBTON and MONTAGU WILLIAMS the Defence. JOHN FORD ( Policeman S 306). I was on duty in Prince of Wales Crescent, Haverstock Hill, on the night of 21st January last—I saw the prisoner standing at the door of his shop, No. 27—I wished him good night, and went round my beat—It was about ten minutes to eleven, as near as I can tell—it takes me about half an hour to go round my beat—I had been round several times before the fire occurred, about three times I think—I then saw smoke coming from the top of the shop, from the two corners of the facia—that Was about half-past twelve o'clock—I rang the bell, knocked at the door, and sprang my rattle—I stayed there till the firemen came—I saw the prisoner about a quarter of an hour after I had rung the bell—I saw him and his wife come from the passage at the back of the house—they appeared to bo perfectly dressed, the wife had a shawl on her head—the fire was extinguished in about from half to three-quarters of an hour from the time I first rang the bell—after it was extinguished I went up stairs into the first floor back room—I observed some dark sticky stuff on the floor—it smelt very much like tar—I went over the rest of the house, I found the same appearance all over the house—I went into the bedroom in which the prisoner and his wife slept—it was the top front room—I looked at the bed; it did not appear as if it had been slept in—the blanket and counterpane was merely thrown back; it did not appear as if any one had lain on it; there were no sheets on the bed—there was the same black appearance on the bed, the blankets, and counterpane—I cut a piece of paper from the wall and a piece of the cover from the sofa, and gave them to Dr. Redwood's assistant, together with two pieces of I wood, which I cut, one from the little back room on the first floor, and the other from the second floor back—that was some few days after the fire. Cross-examined. Q. You saw the prisoner at eleven o'clock, you say? A. About ten minutes before eleven, I can't tell to a minute or two—he was standing at the door smoking—I stated at the police court that he was smoking his pipe; that is correct—I have sworn it, and am sure of it—about half-past twelve I saw a smoke coming out of the top of the shop—the shop is built out from the house—I gave an alarm, and Reney, the fireman, was on the spot almost directly; the fire-engine station is not above 100 yards off—I saw the prisoner and his wife coming from the passage which leads to the back of the house, coming out of the passage into the main street—I was in front of the house when I saw them—there is one more shop besides the prisoner's, and then the passage; I don't mean the back passage of the house, the passage that leads from the back of the house—whether they came out of their own house or not I could not tell—there is another row of houses where this passage leads to—they were very near together—I went into the first floor front room—the walls of the other rooms were all blackened; that was not, only just where the smoke was—the windows of that room open on to the roof of the shop—I have no doubt the door of that room was shut—the flames had passed through the crevice of the door and scorched; the paint of the door out side was blistered—the room over that was the room in which the pri soner slept; there was another bed, but that had not any clothes on it sufficient for any one to sleep in—I did not conclude that no one had slept in the bed because there were no sheets on it; some persons are in the habit of sleeping without sheets in cold weather. MR. LEWIS . Q. Did you observe the floor of the front room? A. Yes, that was black where it had passed under the crevice of the door—there was no carpet. EDMUND RENEY . I am foreman of the Western Fire Brigade, stationed at Ferdinand Street, Haverstock Hill—I was called to a fire at 27, Prince of Wales Crescent, on 21st January about half-past twelve or a quarter to one—it was a very cold frosty night, the night before the rain froze—I saw smoke come from the shop front, through the shutters; one stream of smoke was coming all along the shutters, but it seemed to come out in two particular streams, one just over the fanlight, and the other at the further end of the shutters—I was accompanied by two more firemen, Coutts and Keller—I saw the constable Ford when I arrived there with the engine—I went round to the back, in the court, with my hand-pump, and got over the wall into the yard of the house—the other two firemen were with me, wo cut a hole through the window and shutter of the parlour on the ground floor—I then looked through and saw fire burning under the counter, very slightly, that is, I saw flames coming from under the counter—the door that divides the parlour and shop is half glass, and I saw through the glass—I had the hand-pump and a pail of water with me—I tried to open the shutters, but found I could not, from a bar being across them, and two of us burst open the yard door—we went into the kitchen, and from the kitchen up the passage into the back parlour, and I commenced to work on the fire—I should say this took up about a minuto or a minute and a half—we burst the door open very quickly—when I got into the back parlour the flames were still coming from under the counter—they had increased very trifling—Coutts went into the back parlour with me, he worked the hand-pump with a pail of water, and I crawled on my hands and knees towards the counter and played upon it—we had opened the parlour door to get into the parlour from the passage, and we opened the door between the shop and parlour; it was not locked, merely shut—we had nearly exhausted the pail of water when we were driven back by a sudden flame which seemed to come all over the shop—I can't tell what kind of flame it was—I had to cover my eyes, the sulphur from it was so great, and run momently, I could not have stood it—it smelt very much like tar, and the stench was very sickly when it was in my throat. Q. Was there any sound of an explosion, or merely a blaze? A. A sort of a blow, a sort of sudden light as if it was blown, but no loud report, only a sudden blaze up—we got out into the yard, I got out safe, one of the men dropped behind me—we closed all the doors after us—when I was in the yard I again looked through the hole in the shutter which I had previously made—the flames were then coming into the back parlour—the smoke was very black indeed, and very voluminous, it came out in volumes out of all the windows—we then went round to the front—we had taken our engine with us when we went there, the engine belonging to the Western Fire Brigade—we then ran onr hose oat and got our engine to work, another fireman took the branch—we cooled the fire down in about ten minutes—we then went into the premises and thoroughly extinguished it—I came out to have a blow, and saw the prisoner standing near my engine—the smoke and steam was then coming out of the shop front—I believe there was a little fire then, because the firemen were working it—the prisoner was thoroughly dressed—I said, "Mr. Wales?"—he said, "Yes"—I said, "Are you insured?"—he said, "Yes"—I said, "In what office?"—he said, "The Western"—I asked if he could show me the policy or give me the number and the particulars—he did so—he went into a neighbour's parlour in the next house, and he produced the policy from a tin box or case; either he or his wife had it at the time I spoke to him, I won't be sure which, but I saw him with it afterwards; he either brought it from under his right arm, or his wife gave it to him; it con tained a policy for the plate glass and a policy of Insurance—I asked if he could account for the fire—he said, no, he could not—I said, "I shall leave a man behind; I suppose you have no objection to it?"—he said, "No"—I afterwards went over the house—I went into a back room on the first floor laudiug—when first I broke the door open the smell was very great indeed, and the smoke so suffocating that I could not enter—when I did go iii the smell had very much gone off—the smoke had gone—the smell was very much like tar—there was no furniture whatever in the room—I observed the flooring, it was then very wet with a black substance—I should say about half a gallon, as near as I could estimate, of a black liquid which was very sticky when you touched it, and smelt very much like tar—it was all over the floor—I then went to the second floor front; there was a carpet on the floor of that room, and as I walked across to open the window to let out the smoke, I found it stick to my feet—I put my hand down on the carpet, and when I brought it up it was all over black stuff, the same as I had experienced before, and it smelt very much like tar—it had the appearance of tar—I can compare it to nothing else—there was a bed in that room, and blankets and a counterpane on it, but no sheets—I looked to see whether the bed had been laid in; my opinion was that nobody had slept in it, because the clothes were laid level across, made for any person to get in—the blankets were very black indeed, almost a jet black, where they had been exposed to the smoke—I next went into the back room, second floor—I observed a hearthrug there, that was the same as the front room carpet, of the two I think it was more saturated—the floor of that room was the same as the back room below, but the liquor swimming on it appeared to be about a gill, about as big as a large-sized glassful, it was lying close to the crevice of the door—I touched it and smelt it; it was sticky, and smelt the same as I had smelt in the room below—the paper on the whole of the walls was very black indeed; there was some smoke which you could not nib off, such as I had never experienced before at any fires, and I have been at a great many—I examined the banisters and woodwork; I found them covered with a black substance, and it was all blistered up in black blisters, and in one portion it was as if it was running down, but the heat had dried it up; that was on what is called the cheek of the staircase, the wood-work that runs up the side—that had the same smell, but not so much as the floor—I left the house about three o'clock—I was taken ill—I returned next morning about eleven with Mr. Becker, the manager of the Western Insurance Office—I examined the shop more minutely as soon as we could clear the rubbish away; that was about the next day, the second day after the fire—I examined the remains of the counter, it is here—this ( produced ) is a portion of it—there is some more in a van outside; this is the top of the counter, and here is the underneath part of it, the part that was burnt—the upper portion is not burnt—there is a bit of the cloth on it now—it is printed calico—the remains of the counter which is outside is like this, burnt inside, but not out—I saw some boxes which were found by my firemen in the shop—this ( produced ) is one of them; that is burnt inside, and not out—there were two other boxes larger than this they are here,—they are more burnt—I saw them on the premises the next day after the fire, but not to take any particular notice of them till the fireman called my attention to them, about the second day after—I smelt the boxes at that time, I could not perceive any smell in them, only of burnt wood—this is the remains of the other box—they got broken in turning over the ruins—this is the third box—there are two big ones and a small one—these are the whole of the three boxes—I examined the state of the shop floor the day after the fire, but not so minutely as I did the day after, and since that—I examined the part where I first observed the fire when looking through the hole in the shutter—I found a hole burnt in the floor where, as near as I can remember, I first saw the fire; it was burnt completely through, and I saw another hole from two to three feet nearer towards where I was kneeling when I first went in, nearer the parlour door—I found several smaller holes, some about five inches in diameter—the holes under the counter were, I should say, about eighteen inches by fourteen, I never measured them—one was a little larger than the other—the one nearer the parlour door was the largest—there was one hole under the show board of the window; that was about nine inches across—on clearing away the rubbish of the shop I found the floor was burnt all over, as if something had run all over the floor alight; we saw that when we came to sweep the floor up—we did not discern that while the rubbish was lying about. Cross-examined. Q. There is no doubt the fire was all over the shop? A. By the appearance something had burnt it here and there, all over the shop, as if something had run all over it slightly—some parts were left not burnt; it was as if you upset a pail of water, the lower parts would be wet and the higher parts would not—I give it as my idea that something had run alight all over it, and as it ran on the lower parts it burnt it, but there were some portions, a foot or eighteen inches square, not burnt—I have been a fireman a great many years—the flames had not rushed up through the house, or else they would have fired the staircase, and that was not burnt—the walls were blackened by the smoke, in my opinion—there were blisters on the doors outside, where the heat had got to them—the outside of the first floor front door was very much blistered; heat would blister that, not flame, the flame was not up so high as that, that is my opinion—I saw the appearance of smoke having come through the top of the door of the first floor front room, not flame; flame would have fired it—the door was blistered outside, and smoke had got inside through the cre vices, but only smoke—the walls of the staircase were blackened; that was from smoke—if I was asked to give my opinion as a practical man, I would swear it was not flame—the banisters were not charred; they were blistered into a lot of little black blisters—I have not said that they were charred; there was something on them which the heat had caused to blister—I saw the flooring of the first floor back room all black; that was from something in the smoke; in my opinion it was not smoke that blistered it, but something that was conveyed up in the smoke—it got on the floor by condensing itself in the smoke, and so falling on the floor—the walls on the second floor were all blackened—the walls in the first floor back room, which I have been speaking of, were not blackened; they might have been a little discoloured by smoke, but they were not blackened as the others were—I am speaking of the little room on the landing over the kitchen—the walls of that room were not blackened in the same way as the walls of the staircase, nothing at all like it—the door was shut—the door of the second floor back room was open when I went up—I believe I mentioned at the police-court about finding half a gallon of something like tar—I can't call it to memory—it is nearly four months ago since I was at the police-court—I have stated more about tar this time than I have stated before—I did speak about tar at the first hearing—I have not heard the scientific witnesses give their evidence—I have read some of it in the newspaper—I have never been allowed to be with them—there was a bed and bedding in the front room second floor, but no sheets—there was also a bed in the back room first floor, but, as far as my memory goes, no sheots or blankets—in the top back room there was a bed, and that had a counterpane and a blanket—I found no sheets on any of the beds—the only parts of the house in which I saw flames were the shop and back parlour—I did not go away at any time—the flames could not have rushed up through the whole of the house without my seeing them—I never did see them—it is my opinion they never did, and I swear to it. ROBERT COUTTS . I am one of the Western Fire Brigade—on the morn ing of 22nd January I went with the last witness to the prisoner's house—I took the hand-pump and looked through the hole in the shutter, and saw a little fire coming out underneath the counter—I have often been to fires before—this was a very little fire—we got in at the back door, and I used the pump—Reney went on his hands and knees into the shop, and the fire took alight and seemed to come all over the shop like at once—it came from the counter into the parlour, along the floor—it was quite sudden—there was a black smoke, and it smelt like tar—I had not noticed any smell of that kind before it burst out in that way—the vapour took away my senses for a moment. Cross-examined by MR. WILLIAMS . Q. Were you with Reney when he cut the hole in the shutter? A. No; he got over the wall first—he did not leave me—when he went into the house I did not see him look through the shutter—I joined Reney after he had made the hole in the shutter—I did not fall against him that I know of—I did not hear any noise like a puff of wind—I went into the house after the fire was put out—I went up the stairs, but I did not notice the staircase; it was not burnt—the walls were black, but not burnt—I went into the first floor front room next morning, but not that night—the fire did not appear to have extended to the first floor front—there was no fire there at all—the door was shut—I did not see the door opened—I went into the room—I did not notice whether there were any marks of fire having gone through the crevice at the top of the door—I went into the second floor front; that was all black—the door was open when I went up next morning—in my opinion the fire had not extended further than the shop par lour, the little back room on the ground floor—it extended all over the shop and parlour. ARTHUR CARROD . I am one of the Western Fire Brigade—I went with Reney and Coutts to this fire—I observed smoke come out of the shutter of the shop—we all of us got into the back yard—Reney made a hole in ihe parlour shutter—I did not look through it first; I did after wards, before I went in—the place was then thoroughly alight—that was about ten minutes after Reney had looked through—it was after he had gone in and come out again—I heard him call out—I had a tub of water in my hand at the time; I was going to take it to work the pump—I got back as quick as I could—I saw the flames shoot into the back room, and I smelt a stifling smoke, it was something like tar and wood burning together—I remained in charge of the premises—I went into the bedroom upstairs, there was a large bed there—the blankets were turned down—it did not appear to have been slept in; there were no sheets on it—the top blanket was turned over—there was no ap pearance of any person having been in the bed that night—I found no under clothing—I found an old pair of boots under the bed, and some dresses hanging up at the bock of the door—I believe they are there still—the room was not burnt; no flames had reached that room—I found no stockings about, nor garters, nor anything of that kind—I found a coil of rope behind the stack of chimneys—this ( produced ) is it—it was on the lead work—you get at that out of a little window in the staircase—it was coiled round in seaman fashion, so as to be handy to chuck down—there are some blankets here, some watches, and some boxes—I found the boxes in the front shop next morning—they were as near the middle of the shop as I could judge—they are much in the same state as when I found them—they have got a little broken about from being moved from place to place—it is impossible to tell how they were placed in reference to the counter, because in going to put the fire out they got knocked about and disturbed—I found some watches, and parts of watches and brooches, partially burnt—I gave them to Dr. Redwood—I also found some table-covers, which I produce—they were lying in the middle of the shop, but not tied up like this—I did not find any oilcloth. Cross-examined. Q. Have you produced all the oilcloth and table-covers that you found? A. No—not all; the chemists had some pieces of them away—all the rest that were not consumed are here—we tied them up in this way in order to bring them here—that rope was coiled up seaman fashion—I know nothing about the prisoner having been in the merchant service—it was lying down on the brickwork outside the win dow—I have had a good deal of experience in fires—I examined the house next morning—I do not think the flames hare been up through the house—if they had the wood would have been more burnt; it was only scorched and blistered, and the paint rubbed off—I am of opinion that that was done by smoke and heat, and not by flame. MR. SERJEANT BALLANTINE . Q. Were these table-covers amongst the articles found? A. Yes—this came off the table of the first floor front room—here is the mark where the lamp stood—I took the lamp off and put it on the sideboard—these marks are where the feet of the lamp stood—the cloth was on the table in the middle of the room—the smoke must have got all over the rooms, but the walls were not much blackened, very trifling. THOMAS ROWLAND ( Policeman S 40). These premises are in the parish of St. Pancras. Cross-examined. Q. I believe you did not arrive there till two o'clock? A. Nearly two—the whole of the shop and everything in it was then burnt up and destroyed—there was a table standing there—the upper part of the house was seriously damaged by fire, smoke, and heat—I do not mean to say that there was fire in the upper rooms; it was damaged by fire. LEWIS MATTHEW BECKER . I am fire superintendent of the Western Insurance Company—ou 22nd January I went to these premises, which had been burnt—I noticed a very strong smell of some compound—it smelt to me like a mineral oil, paraffin, or something of that description—I did not examine the floor of the shop at first—the walls were extremely blackened—the paint was much blackened and blistered—I examined the flooring of the shop—I found it covered with a deposit—I produce a part of the flooring which I took out from the front room—the whole of the ilooring was of the same appearance—I found a watch in the basement or cellar of the house, underneath the shop—I delivered it to Dr. Redwood about twelve o'clock that day—I was told that a person of the name of Wales desired to see me—I went down to the shop and saw the prisoner—I asked if his name was Wales—ho said, "Yes"—I said, "This is a very bad job"—he said, "Yes, it is"—I asked him how it occurred—he said he did not know—I said, "Did you ever keep any inflammable spirits on the premises"—he said, "Never"—I asked if he had his py—he said, "Yes, I took it out of the house in a tin box"—there is a glass fanlight, over the shop door—I found a long piece of wood nailed up inside that—I looked at the stoves throughout the house—in the back room, second floor, I observed a deposit of some material which appeared to me like tar—that was inside the register flap, and also on an iron clip which I took out from behind—that is a portion of iron work, with three or four notches in it to keep up the register flap, so as to regulate the draught—there wag a very thick deposit of tar on the outside of that. Cross-examined. Q. Are you of opinion that the flames got to the upper part of the house? A. I should think not to the whole of the upper part of the house—I dare say the hot air, with a portion of heated smoke, which is a portion of flame, might have got up stairs—I cannot say that flame got up stairs—it seemed to be a sudden rush through the house, of flame, hot air, and smoke combined—I could not say for certain smoke appeared to have been deposited first? Q. With smoke coming up in vapour, which would afterwards be de posited, would not that require flame? A. That would depend on the draught of flame below: if there was an immense quantity of flame below, it would drive the hot air up; but I am not capable of giving any opinion on that point. JOSEPH DURER ( examined by MR. RIBTON ). There was no flame in the upper part of the house—a great deal of heat went up, I should say, but not flame. WILLIAM LEWIN . I carry on business at 8, Finch Lane, and am sur-veyor to the Western Insurance Company—ou the 20th November last I examined these premises for the purpose of insurance—I examined the furniture, stock, and fixtures—the furniture was very good indeed—it was ordinary furniture—the stock consisted principally of clothes, chimney ornaments, bronze statuettes, a few watches, and a little mosaic jewellery—I made a report to the office—I did not see the prisoner with reference to the insurance—I saw his wife, and an insurance was latterly effected for 600 l . on stock and utensils in trade, 50 l . on fixtures, 300 l . on household goods, furniture, &c.—in company with Mr. Becker, I went to the same premises the morning after the fire, about a quarter-past twelve, and roughly examined the salvage—I did not go minutely into it, because we had an assessor to look at it. Cross-examined. Q. Did you, on a rough examination, form any esti mate of the value of the salvage? A. On a rough examination, I should put the salvage at between 80 l . and 100 l . altogether, the salvage of the stock and utensils in trade; the things that were saved were worth that, about 90 l . I should think—the man does not, as a matter of course, receive the whole of the amount he is insured for: he must prove the amount of his loss—the 600 l . would cover the maximum amount—sometimes persons insure for more than the stock and furniture is worth; not always—the prisoner insured originally for 600 l . stock—I am not aware that he wrote a letter to the office to diminish the amount. MR. SERJEANT BALLANTINE . Q. Taking the character of the goods and the salvage to be from 80 l . to 90 l ., what quantity would that represent on the premises before the fire? A. From a rough estimate, I should think that it would be very small indeed—I should not think there would be any thing over 200 l .—such things as gold chains and watches will never burn without very great heat—there are glass and musical instruments amongst the usual articles of an unredeemed pledge dealer—we should some débris, which would enable us to estimate the quantity on the premises—I estimated the 250 l ., including furniture and everything. CHARLES WHITE . I live in Park Place, Kennington Cross—I am assessor of losses by fire for several insurance companies—I went over these premises three or four days after the fire. ( Referring to a memorandum )—I see I went on the 25th—I made these notes at the time, and from these notes I made a report to the Western Insurance Company—I ex amined the salvage, and made a summary of it—the attic I valued at 15 s ., the second floor front at 35 l . 6 s . 6 d ., the landing and staircase 19 s . 6 d ., the second floor back at 7 l . 2 s ., the first floor front 23 l . 5 s . 6 d ., the first floor back 4 l . 17 s . 3 d ., the wash-house 7 s . 6 d ., the kitchen 3 l . 2 s . 6 d ., and the stock (the remains of which I saw) 126 l . 15 s .—that was the value of it when uninjured—I estimated the fixtures, as described by Mr. Lewin, at 28 l . 8 s . 2 d .—they are severely injured by fire—the parlour or room adjoining the shop was severely injured by fire—I could not see the remains, but I allow him for that the same as the first floor front, almost the most expensive room in the house—the total amount of that which I could not see previous to the fire I have put at about 210 l .—the value of the debris in the shop was about 10 l . or 15 l .—I have put down the value of the articles, if not unaffected by fire, at 125 l . 15 s .—all the rooms were not injured—the value of the rooms I have described is 75 l .—the only injury by fire was in the shop and back parlour. Cross-examined. Q. I suppose stock may have been burnt and con sumed, of which there was no remains? A. The fire was very slight, I think there may have been some light goods—all the articles of jewellery that were there at the fire are there now—I do not think, in a fire of that magnitude, any articles of jewellery would be destroyed—a diamond ring might be injured—the diamond would pulverise, but you would find the gold of the ring—in a fire of that magnitude I do not think jewellery would be destroyed at all—I do not think it was severe enough to consume a diamond ring—the diamond would be injured by the action of the water; possibly that would cause it to dissolve, but I do not think that the same heat would destroy the gold—the fixtures of the shop were destroyed—I put them at 28 l . 8 s . 2 d . as the value before the fire—I had the opinion of a gentleman in the trade as well—I am an auctioneer and assessor of fires, and have settled 1200 fires—the furniture in the various rooms was damaged by heat and smoke—I have given the value of that as it was before the fire, all the furniture that any person could see, and the remains of the salvage—we represented 202 l . 10 s . 9 d . as the value of it before the fire, furniture and all. DR. WILLIAM ODLING . I am a fellow of the College of Physicians and lecturer on chemistry at St. Bartholomew's Hospital—I was requested to go over the premises in the Prince of Wales Crescent, and have done so on two occasions, on 1st April and 1st May—I examined the state of the walls—I have also been shown some articles that have been brought from the premises—I have not been in Court during the case—in my judg ment, the deposit on the walls was a substance of the nature of tar—I have examined it—it is a substance of the character of tar, and in some places, on the windows, of pitch, which is dried tar; that is the only difference—iu setting fire to tar a portion of the tar burns and gives rise to a sooty smoke, and another portion of the tar volatilises, unburnt, and gives rise to this tarry deposit—it would be conveyed in a state of vapour, which would condense in the form of a liquid at first on the cold surface, and then dry up: it would condense most on the coldest surface—there were symp toms of this deposit on the whole of tho surfaces of the house—the whole of the interior was substantially saturated with it—the walls of the rooms on the first floor were not much affected, but the floor was, and, with the exception of the walls on the first floor, I think the whole of the interior of the house was characteristically covered with this deposit—there is a composition called oil of tar—the combustion of oil of tar would account for all the appearances—the substance on the walls was either tar or pitch but the substance that produced it need not necessarily have been tar or pitch; it may have been of some allied nature, such as oil of tar or lesin—naphtha would account for the blackness and soot—naphtha is coal tar, but it is a name applied to many different substances. Q. Supposing there was a sudden turst of flame, a thick black smoke with a tarry smell, taking that in connection with the observations you made and the appearances you have described, what in your opinion was it caused by? A. The appearances, taken by themselves, show that a very large amount of combustible vapour was generated quickly, because it had forced its way in a most remarkable manner, which nothing but a sudden evolution could have done; the whole of the windows were more or less covered with a sticky deposit, but in some of the windows this was sufficiently thick to be scraped off in the form of pitch, and in the kitchen the thickness of this pitch was considerable, and also on the window of the top front room; the pitch had condensed on the inside of the upper sashes and had gone out through the crevice, and then been deposited on the upper part of the outside of the lower sashes; the inference would be that while in a state of vapour it had condensed on the sash and got inside—this is a piece of the glass of that window, taken out by Mr. Redwood; here is a portion which I took out myself from the kitchen that was covered on the inside—I do not at this moment call to mind noticing the kitchen floor particularly—the floor of the back room on the landing was entirely black, ana covered with this tarry or pitchy deposit, more par ticularly a piece of stone in front of the fireplace, which was probably cold—I have looked at this table—cover—the top—was no doubt originally the same colour as the sides, but this black effect was no doubt caused by the deposit of the vapour—that is proved by the fact that where any object sheltered the cloth from the direct falling of the vapour upon it, there You have no vapour deposited, and consequently the mark of the object—here you have the marks of the three feet of the lamp—I saw the cloth upon the table—the part that hangs down is not at all affected, showing that it was not something spilt, but something condensed upon it—here is a mark of a comb, which was evidently lying on the table; of course the vapour in condensing fell on the comb and not on the cloth, and there is the mark of the comb so fine that you can see the teeth—marks, almost as if it was photographed—the paper on the walls was entirely black—that was not from soot, or not entirely from soot, because it would not rub off—it did not soil the fingers—it was varnished on by this deposit—from the streaky character of tho paper where it had been blackened, I was inclined to think at first that the paper had been a watered pattern; but I afterwards found some of it—this is a piece of the staircase paper, and this is a piece just from the very bottom of the staircase—I consider it quite clear from the appearances that there must have been a very sudden exhibition of this vapour, and it must have been from something in a comparatively liquid state, something that would very readily volatilise—I think if shavings had been saturated with some imflammable liquid, the probability is the liquid would have been burnt and not set free, in this case the greater portion had been volatilised—I have examined the boxes produced, and the result of my observation is that in that box, and more particularly in another, a smaller box, burning had taken place substantially from the inside—this ( produced ) is the one—I think the character is even more marked in the larger one than in this—there is no appearance in these boxes of the deposit that appeared on the walls—if the liquid had been in these boxes I think I should have expected to find some of the deposit in them; of course the tar, or whatever it was, might have been in some vessel inside the boxes; if the tar had been placed bodily in the boxes I should have expected some residuum, but if it was in a vessel it might or might not be so, it would depend upon the condensation downwards—I mean to say, supposing the tar was in a vessel, and that vessel put in the box, I should not expect to find any marks in the box to indicate that—I had some jewellery shown me—I also saw some of the shop flooring, over which some liquid was said to have been poured—the appearance of the burnt shop floor was as if some burning liquid had flown over it, there were irregular marks—the flooring was simply burnt—I have here the remains of a silver watch—there is no doubt the state of this watch could only have been produced by a very severe fire, and not from a fire in which a large quantity of matter was volatilising, because there you have necessarily a low temperature, the distillation keeps down the temperature; the silver, the glass, and a portion of the handle have been melted—it could not have been exposed to a high temperature, metallurgically speaking—the greatest marks of fire were on the floor under the counter, and the counter itself was not burnt through, so that the articles on the counter could not have been subjected to any great heat—that was shown, more-over, by the remains of the oilcloth covering remaining on the counter not being burnt; in my opinion it is quite impossible that that effect could have been produced by that fire. Cross-examined. Q. Are you able to say positively that the deposit you found was from oil of tar? A. No; it was of the nature of tar, and there are only certain substances which could have produced it—there is no oil of tar in floorcloth, not in the oilcloth of which I have a specimen here, taken from the place—ordinary oilcloth does not contain oil of tar—floorcloth is made with linseed oil chiefly, in the form of paint, paraffin is not used; there may be sometimes a little of the spirit of paraffin used to volatilise it. Q. Are you of opinion that the burning of oilcloth or floorcloth would account for the appearances in the upper room? A. It is not only a matter of opinion, but I have no hesitation whatever in saying it would not, in no quantity—if you get some unusual kind of oilcloth, I do not know what may happen, but I know very well the properties of ordinary oilcloth, and that wo found in the remains on the premises, and I have made experiments with it—if it did contain something in the nature of oil of tar, it would depend upon the quantity and the time during which it was consumed, whether it would account for the appearances in the upper part of the house; if a considerable quantity of india-rubber or gutta-percha were heated, it would boil and volatilise, and produce something that might be called in the nature of oil of tar—I have made experiments upon this oil cloth in several ways—I have burnt it—when I burnt it in a particular way I was able to extract a resinous matter from it—if you take a piece of it in a thin slip, and set fire to it, it burns with very considerable activity, and under those circumstances it produces very little soot, and practically no vapour—at the same time, if you heat it in a mass or roll, by putting it on a fire or heating it with charcoal, it burns very little and it dis tils a great deal, but very slowly, and moreover in that case, where it only distils and does not burn, you have all the form of the oilcloth left, and more than half its weight remaining—if you operate in a particular manner it is possible to get from this a something in the nature of oil of tar, but still a very different kind of substance from the deposit found upon these different articles; in the first place, it is not so siccative, it does not dry up into a pitch-like mass, and the smell is entirely different—you can make it pretty well any colour you like; if you pistil it in such a manner that it shall be all distilled no soot is formed, and the substance is of a comparatively light colour; if you partially distil and burn it you have a good deal of soot mixed up with it. Q. Supposing a great quantity of oilcloth, subjected to a mass of flame, no matter now it originated, burning with great intensity from the midst of the oilcloth, would not something be produced in the nature of oil of tar? A. Put in that general way, yes; and it would, of course, go up in vapour—it would not be deposited in the same way that I found it here, because it is a slow process to produce it from this oilcloth, and the vapour produced in the house had evidently been produced suddenly—it might have been produced from the oilcloth, if there was time enough, but then the appearance would have been different—I was not of opinion that gas had been generated in the upper part of the house—there must have been smoke or soot in the upper part of the house, but whether there was flame or not I can't say, I don't think there was any evidence of it—there was scorching—the paint was scorched, the woodwork was not charred—I think it doubtful if much flame went up the staircase. MR. SERJEANT BALLANTINE . Q. Would india-rubber or any kind of oilcloth you have ever seen, suddenly burst into a flame, with a thick black smoke? A. No—india-rubber in a mass burns very slowly, and this ex tremely slowly; we put a mass of half a pound of this on a fresh fire, and it was more than half an hour before we could get the whole of it con sumed; it is very difficult to burn—if a substance volatilises slowly the vapour disperses, it makes for the readiest channel—neither the theory of burning india-rubber or oilcloth will account for the appearances I noticed. DR. WILLIAM ALLEN MILLER . I am professor of chemistry at King's Col lege—I have been on these premises and seen the darkened substance on the walls and on the table-cloth, and the deposit on the windows—the only way in which those appearances can be accounted for, in my judgment, is by the sudden combustion of some substance of a resinous or turpentine character, hydro-carbon—tar oil would be of that kind—tar oil has a very characteristic smell; every one knows the smell of wood tar, it is some thing of that nature—I smelt it distinctly when I went on the premises, in one of the rooms particularly there was a very strong smell of wood tar—the slow combustion of oilcloth or india-rubber would not account for the appearances—I took some things from the premises, here is a white china dish cover that was in the kitchen, it is so completely covered that I don't know whether there is any patterns on it; this has been done by the volatilisation I speak of; it was resting against the wall, and it is covered both before and behind with this volatilised matter—here is a piece of the paper stripped from the wall in the passage; it shows the kind of way in which this has come down—this is from the lowest part near the floor, and from there to the top of the house it was completely stained in this manner—this is not charring, but something deposited upon the paper and soaked and which I have afterwards been able to dissolve out and identify in as a tarry oily liquid—this is a portion taken from the front bedroom at the top of the house; it is completely blackened in the same way, not charred, but blackened by this deposit—I have also, some pieces of glass—this is a piece which was taken from the kitchen window, and on it there is a quantity of a black pitch-like deposit, which burns when it is scraped off; it shows very much like pitch, it melts, and burns with a bright smoky flame—the quantity of oil from which this vapour came must hare been considerable—I don't know to what extent, it would be rather a guess to say, but about two gallons, or something like that; I cannot tell—front one to two gallons probably—the appearances which the house presented were those of a sudden burst of flame, accompanied by a large quantity of some black tarry matter and vapour—a great sweep of name had evidently gone up the staircase, the bulk of heat was most manifest at the bottom; the marks of scorching and burning of the paint diminished as you went up; the quantity of this black deposit was very considerable, and it was distri buted through the house in the most remarkable manner—in general the doors had been shut at the time, but the great expansion of the air produced by this burst had carried the smoke into the rooms and deposited it on the surface of the furniture, hangings, and upon almost everything; it had been even forced into some of the drawers and stained some of the linen—it had actually found its way into a cupboard and stained what was hang ing there. Cross-examined. Q. You speak of a sweep of flame: are you of opinion that the flame did go up the house? A. I have no doubt it did go a considerable distance up the staircase, to the first floor—it scorched the paint on the back of the first floor door—that would be caused by a hot blast of air—I can't say whether it was actual flame. DR. THEOPHILUS REDWOOD . I am professor of chemistry to the Pharma ceutical Society—I handed some articles of jewellery to Dr. Odling—they are in Court—this is the watch—I have looked at that watch and some articles of jewellery, and have examined the premises—I did so about three days after the fire—from the appearance of the rooms and the description given by the firemen, I think I was able to judge of the character of the fire there had been—I do not think it possible that this watch could have been broaght to that state by that fire—there are some faces of watches here where there is evidence of very intense heat having been applied; the enamel of the watch has been fused—I do not think with such a flame as constituted the principal part of the fire in that shop, that effect could have been produced in the time the fire lasted—I saw the state of the walls and flooring, and am of the same opinion with Dr. Odling as to the cause of it. Cross-examined. Q. I believe you are of opinion that gas was generated in the upper part of the house? A. No, in the lower part, and that it ascended partly in flame and partly in vapour—flame or hot air must have ascended to the upper part of the house to cause the blistering of the paint. MR. SERJEANT BALLANTINE . Q. Had gas anything to do with the fire? A. Not at all, not ordinary gas. The following Witnesses were called for the Defence: — EDWARD ROBERTS . I live at 31, Prince of Wales Crescent, the next door but one to the prisoner, and am a jobbing bricklayer—early in the morning of 22nd January I was awoke by a noise from the front—I had been in bed since nine o'clock—I listened and thought I heard a woman scream—I opened the window, and saw a woman standing on the flat, the roof of the house, in her night dress, screaming—she was at the height of eighteen or twenty feet from the yard—I heard somebody say, "Can't you jump?"—I said, "For God's sake don't jump, for I have got ladders"—no sooner had I said the words than two men were over the wall taking my ladder—they were getting it over the wall into the court as I rushed down stairs and helped to raise it against the wall, as they were not used to ladders—I held the back of it to save it from slipping, as it was a very slippery night, while somebody fetched the prisoner's wife down; she was in her night dress and had got her stockings on—she was taken into No. 2, Charles Place, Mrs. Thredder's, opposite the back entrance—there is a passage at the back—about three years prior to the fire I was employed by Mr. Taylor, the landlord, to help paint this house—at that time turps was very dear, about 12 s . a gallon—they got a kind of naphtha stuff to put in the paint—when I was at the fire I smelt just the same smell as when I painted the house—I was taken ill with the nasty-smelling stuff—it won't flare, it makes a smut—I have tried it since—the board over the fanlight had been there before the prisoner came to the house. Cross-examined. Q. You say you saw the prisoner's wife on the leads; did you see the prisoner? A. No, I ran across to my employer to tell him that one of the houses was on fire—I saw the prisoner up at the top, but I did not see him come down—I just saw his head from his waist over the parapet. JURY . Q. Did you paint the inside of the house? A. Yes, I gave it two coats, and they had a painter to give it the last two coats, as I am only a jobbing bricklayer. WILLIAM KING . I live at 3, Little Charles Place, Prince of Wales Road—I occupy a room looking towards the prisoner's house—about one o'clock in the morning of 22nd January I was at home—I had not been to bed—I had neuralgia in my face and was very poorly, and was sitting up for my son—I heard a noise in the passage, a woman screaming—I went down and saw a ladder being put up towards the wall behind Wales's house—I saw Mrs. Wales getting on the ladder, and Mr. Wales got on it after wards—I saw Mrs. Wales come down the ladder in her night dress—I assisted her off—she could hardly get down, because the ladder was not put as it is generally in front of a house, very nearly perpendicular, but almost flat, and she had to leave in this way and walk down—I believe she had no shoes on. Cross-examined. Q. Did you see the prisoner? A. Yes, he was at the top of the ladder—he was coming down, and he turned back again and threw some clothes from the top over into the passage or court—I spoke to him afterwards, not then—he had no hat or coat on when he was on the ladder; and I believe no shoes. SUSAN THREDDER . I am the wife of Joseph Thredder, of 2, Charles Place—the front of our house faces the back of the prisoner's—on the night of the fire I heard my son's voice—I came down stairs and saw Mrs. Wales in her night dress—she said something to me—I saw her black silk skirt on my mat—she asked for a pin to pin it on—I gave her one—she had a shawl over her shoulders—her stays and boots were on the mat—I asked her to come in and sit down, she would not, and I went up the court with her. JOSEPH THREDDER , Junior. I am the son of last witness—on the morn ing of the fire I heard a great scream and cries of "Help me! help me!"—after some little time I went out and went towards the prisoner's house, and I saw Mrs. Wales coming down the ladder—she was in her shift, her night shirt—she walked into my mother's house with a great lot of things in her arms, and asked me for pins to pin them on—she dressed herself in my place—I asked her to come into the back room; she said no. Cross-examined. Q. There she dressed herself, in the front room? A. No, in the passage—she asked me for pins, and I took them to her in my shirt—she appeared to be very much distressed, she was weeping and cry ing all the while and pinning on her skirt—I won't say whether it was silk, satin, or what. EDWARD EDWARDS . I am a labourer, and live 7, Southampton Terrace, Gospel Oak, Kentish Town—about ten minutes before one on the morning of the fire I was in the street, and saw a man knocking at the prisoner's door—I went and knocked for fully a quarter of an hour, the other man went for the engine—I did not hear any noise in the house till after I had knocked fully a quarter of an hour, then I heard screams of "Fire!" on the leads—I stopped till two gentlemen came by—I then went round to the back with my wife and two gentlemen, and saw Mr. and Mrs. Wales on the leads in their night dresses—I heard Roberts cry out that there was a ladder—I got on the wall, unloosed the ladder, and helped place it against the house, and Mrs. Wales came down in her night dress—I saw Mr. Wales on the roof—I did not see him do any anything when his wife same down-some clothes were thrown off from the top of the roof. Cross-examined. Q. Were Wales and his wife both in their night dresses? A. Yes, I am quite certain of that—I was up on the top of the wall, there can be no mistake about it—neither lie nor his wife had more than one garment on—I did not see Mr. Wales come down—I did not wait for that—the ladder was put up against the leads—I can't say whether it was kept in a place where it could be seen from the back of the prisoner's house—it was close by, it used always to stand there—I did not know the Wales's. MARIA EDWARDS . I am the wife of the last witness—on the morning of the fire we were passing, and saw smoke coming out of the shop—my husband knocked at the door for some time, and after hearing cries of alarm we went to the back of the house, and saw a lady crying for help—my husband raised the ladder from next door but one, and assisted her down—she first threw her clothes down to me; she was in her night dress—I assisted her into Mrs. Thredder's house, and carried her clothes on my arms—they were her under-garments to her stays—I was not present when she dressed. Cross-examined. Q. You are quite certain she threw them down her self? A. I am quite certain—she had not got them in her hand when shes descended, she had thrown them down—I suppose they were on the roof—I saw her stoop and pick up something and throw them down—they turned out to be her clothes, all her under-clothing, and a black stuff dress—it was not a silk skirt—there were two pairs of shoes came down, one pair of gentlemen's and one of ladies—she did not throw down any thing else, more than wearing apparel—I did not count the pieces—there were two or three black garments, but I think only one dress—my husband had knocked at the door for fully a quarter of an hour, and as loud as he could—we saw that there was a fire in the shop—nobody answered from the front window. MR. RINTON . Q. Did you see any of Mr. Wales's garments thrown down? A. A pair of shoes—I believe all the things that Mrs. Wales threw down were articles of female wearing apparel—I did not notice a pair of breeches among them—I saw Mr. Wales descend from the ladder—he had a coat thrown over his shoulder—he had no trousers on. JOSEPH THREDDER . I reside at 2, Charles Place—I know the prisoner, and have frequently been in the habit of making purchases at his shop—he had a very good stock—I went there three or four days before the fire—he had a very good stock then: there was clothing—I was looking round, seeing what was in the house, and I bought a waistcoat, which I have here—I saw rolls of oilcloth in the shop, and jewellery and several watches—I saw no difference in the stock on the last occasion. Cross-examined. Q. Were you often in the shop? A. Yes, I have been there to buy things—I don't know whether there were any bronze things there—there were several clocks and watches, I can't say how many, and a great number of ornaments, metal things, some in the window and some in cases on the counter—it was very full of things: it could not be fuller—they appeared to be valuable articles, what I could see of them—I did not know the prisoner before he took that shop—I have not been there since the fire—the oilcloth was on the other side of the counter as you went in at the door—they were tightly rolled up. MR. RIBTON . Q. Do you know whether the prisoner is deaf? A. I believe he is rather hard of hearing—I am not sure. MR. SERJEANT BALLANTINE . Q. Is his wife deaf too? A. Not that I am aware of. ELIZABETH BRAY . I am the wife of William Bray, of 14, Grosvenor Street, Commercial Road East—I know the prisoner and his wife—on the day of the fire I went to see the prisoner's wife between two and three in the afternoon—I was there till nine o'clock—about five o'clock I went up Into the bedroom with her, and saw her make the bed—there were blankets and a counterpane on the bed, no sheets—there were pillows and a bolster—I had been in the habit of going to the prisoner's shop from time to to time—I went into the shop twice when I was there last—I did not see any difference in the stock to what I had seen on former occasions. Cross-examined. Q. Did you know the prisoner when he lived at 7, Addington Terrace, Kirby Street, Poplar? A. Yes—I knew him, but I was not living in London then—I was never there—sailors mostly sleep in blankets, I do myself in winter—I saw some watches in the case at the prisoner's—I saw none that appeared to have been burnt. JANE ROBERTS . I am the wife of Edward Roberts, a bricklayer, and live next door but one to the prisoner—I have been in the habit of going to his shop from time to time—I went into the shop about three days before the fire—I was there between three and four in the afternoon of the day before the fire—I did not see the slightest difference in the stock—I thought it was a very good stock. WILLIAM HAWKER . I reside next door to the prisoner—I have occa sionally gone into his shop—it seemed pretty full of things—I could not tell exactly what the stock consisted of—I was at the shop door on the night of the fire—I did not see any difference in the stock. JAMES EVANS . I am a shoe maker, and live at 3, Winchester Street, Maldon Road—my brother is also a shoe maker—he lived at the house where the fire was, before the prisoner—his regular workshop used to be the little room at the top of the house—that was where his bench would be, and where he would use his wax, and different things in his trade—he has worked in three rooms in the house: he worked there about four months altogether—I can't say that I have seen the wax stick on the floor; but there is hardly one shoe maker's shop in a hundred but the wax will be on the floor. J. T. SMITH . I am a pawnbroker and silversmith at Plymouth—the prisoner has been in the habit of dealing with me for some time as a customer—I sold him some goods last year—these ( produced ) are the invoices I gave him—there was one parcel for 68 l . 16 s . 10 d . on 18th September; another on 23rd September for 98 l . 12 s . 6 d .; another on 25th September, 45 l . 7 s . 3 d .; on 29th September, 63 l . 6 s . 6 d .; and on 7th December, 38 l . 18 s . 6 d .; altogether, 315 l . 1 s . 7 d .—he has paid for all those goods, with the exception of the last parcel—he paid me 70 l . on 18th September; about 30th October I received 130 l ., and the balance I received about the first week in January—the goods were sent by luggage train. Cross-examined. Q. How long have you known him? A. About six teen years—I knew him when he lived in Addington Terrace, Kirby Street Poplar—I think I sold him about two parcels of goods there—I believe it was in September last year, that he opened this business—I believe he had had a fire at Poplar, and his stock there was destroyed. MR. RIBTON . Q. From whom did you hear that there was a fire there? A. I heard it from Mr. Wales himself some time after—I heard that they settled with him satisfactorily—I don't know what amount was paid him. WILLIAM HARDING . I am a floor cloth manufacturer at Bristol—in October and December last I sold some articles to the prisoner—these are the invoices—there were six parcels altogether: one on 24th September for 2 l . 16 s . and another for 3 l . 12 s .; one for 23 l ., on 25th September, for twenty pieces of oil baize, nine pieces of American cloth, and ten pieces of table cover; on 7th December, 192 yards of stair cloth, 6 l . 8 s .; six pieces of marble table covering; 19th December, forty-eight yards of floor cloth and six pieces of oil baize, 29 l . 14 s .—I have no other invoices—I sold him other goods—on 1st October some floor cloth and stair cloth for 11 l . 8 s ., and on 19th November 12 l .—there was another parcel of about 7 l . deli vered to him from Messrs. Toplin, of Gresham Street; that was something I had not in stock—I am a maker of the floor cloth—it is made of canvas, and stair cloth of calico—we either glue it with size made from glue, or a portion of bullock's blood—then we paint it—we use boiled oil, raw linseed oil, and paint of different colours—that is the only oil we use—it is very inflammable—there is a good deal of oil in the oil covers—I believe it is boiled oil—I am not a manufacturer of that. Cross-examined. Q. What do you mean by their being very inflammable? A. They burn very readily—if they once catch fire they will blaze quickly; if it is a very strong fire they will not leave much remains; I had about thirty tons burnt at one time, and there was not much left of it—I never supplied the prisoner with any before this; I understood he was just commencing business at this place—he paid me 621, in cash—19 l . 4 s . is owing. GEORGE JOSEPHS . I live at 8, Wilderness Bow, Clerkenwell, and am a manufacturing goldsmith and jeweller—this is an invoice of goods sold by me to a person named Wales, on 7th November, 1866: thirty gold-mounted Alberts, at 12 s . each; fourteen best gilt Alberts, 6 s . each.; twenty-eight ditto guards, 10 s . each; sixteen best plated brooches, 8 s . each and thirty-six pair of earrings; total, 51 l . 12 s . Cross-examined. Q. Is this the original invoice delivered to the pur chaser, or a copy? A. The original; it comes out of the prisoner's possession. WILLIAM BRAY . I have known the prisoner ten or twelve years—about three months before the fire I gave him a piece of ratlin —I am a seafaring man—this is the rope I gave Captain Wales—I should say it was something like two or three months before the fire—I could not pretend to say exactly—I have been sixteen years a shipowner and captain, and have stores of all descriptions; and I gave that to Captain Wales—he was formerly captain of a vessel—as long as I have known him he was a thoroughly respectable man and well respected by all who knew him—I have known him intimately—I never saw him smoke, I have cracked many bottles of champagne with him—I never sailed with him. Cross-examined. Q. Where were you when you gave him this piece of rope? A. I think it was in Queen Street; it might be outside the door or it might be inside, I would not say; but I placed the rope somewhere in the vicinity of Queen Street or Stepney—he asked me for a piece to fasten some crates on to a truck or waggon when he moved from Queen Street—I did not know him in Addington Terrace, Poplar—I know he had a place in Poplar, but I was not in London at the time—I know no thing of any fire there—I don't know where Addington Terrace is—he had a fire in Poplar, I know—I know it now; I heard of it; but not in Addington Terrace—I can't tell whether it took place in the May pre ceding this fire—I never heard of his having a fire at Dover—I never knew him going by the name of Bryant—I believe he was put into a place, at Stepney; I believe by a person named Bryant—there was a fire in that place, I believe, but I know nothing about it—I was not in London then—I heard of it since I have been London this last time. MR. RIBTON . Q. Did he move from Queen Street to Prince of Wales Crescent? A. Yes; it was there I gave him the rope to lash his trunks on—I have known him ten or twelve years—he lived in a place of mine when I had a public-house in London. FREDERICK JOHN TURK . I am a wheelwright at 7, St. George's Place—I have known the prisoner about twenty years, and always found him a well-conducted man; he bears that character—he never smoked a pipe of tobacco in his life—I have sailed with him several voyages, and I know it; I am satisfied if he drew three or four times out of a pipe he would be sick—I was in his shop a short time before the fire—I thought he had a very good stock—there was gas in the shop; there were burners from the ceiling; the meter was under the window—I don't know that there was anything wrong with the meter, but I know there was some thing wrong with the pipes—I stopped them up myself with tallow that was within a day or two of the fire; it was one of the pipes under the window—it was half off, I think—I stopped it sufficient to make it safe for the time—I have had to stop them in a similar way in my place—I smelt the gas at his place when I entered the premises on more than one occasion. Cross-examined. Q. Did you know him when the fire happened in Stepney? A. Yes, he was living in the house at the time—I believe the place was insured—I knew him when he lived at Poplar, when the house was burnt down—I never heard of an accident of the same kind at Dover—I never heard of any other fire—I have been unlucky in that way my self—I had a fire, and I put it out myself—I was insured, and I made no claim. MR. RIBTON . Q. Did you put it out before any damage was done? A. No; a great deal of damage was done—I don't know how it happened—I don't think it very likely that I set fire to it myself—the fire at Stepney was at Mrs. Bryant's house—the prisoner was lodging there with his wife—I heard he lost all the little things he had and did not get any thing for it—he had some of my nautical instruments there. GEORGE JOSEPH ( re-examined ). I knew Mr. Wheeler, a dealer in Jewellery, of 164, Esmond Road, Victoria Park—I was at his burying—I know his writing—these receipts ( produced ) are his writing. ( These were receipts for goods supplied to the prisoner, as follows: —74 l . 7 s . 6 d . on Septmber 22 nd , 1866; 62 l . 15 s . on September 21 th , 1866; and 15 l . on December 18 th , 1866.) The deposition of Reney was put in and read. JAMES BRADLEY . I have had thirty years' experience as a fireman, and have been twenty years member of the Fire Brigade—I am still retained in the fire offices, doing business for them occasionally—on 11th February I went to this house in Prince of Wales Crescent, to examine the pre mises—I found the first and second floor walls blackened—I did not find the slightest trace of tar or spirit of any kind—I examined tho floors, and, making allowance for the interval since 21st, I could find not the slightest trace of what may be called tar—there was not the slightest thing in the appearance of the house unusual where a fire has taken place. Cross-examined. Q. The ordinary appearances of an ordinary fire, is that what I am to understand you to convey? A. The appearances were I no different to an ordinary fire—there were not the slightest deposits on the walls—the deposit was pretty nearly gone when I got there—the deposit on the walls was very slight—I did not say that there was none at all—the slight deposit was a sort of vapour that would occur from an ordinary fire, such as the steam from any material that might be in the house or shop: water, for instance, would assist in doing it—it might not have come from a tea-kettle—the black on the walls would be from the smoke from the fire—I think it was ordinary smoke—this is ordinary smoke on this table cloth—supposing it to be lying on the table, this effect might have been produced by ordinary smoke—I have seen thousands of leases of the same sort. MR. RIBTON . Q. In what state did you find the walls? A. The paper was peeling off the walls from the heat of the fire and smoke of an ordinary character—the walls were all discoloured—they were block, which was decidedly the result of smoke—judging from my experience, and from these appearances, there must not have been a considerable body of flame in the upper part of the house—there would be quite sufficient smoke from the lower part to have done all the black, and to have smoked every thing in the house. RICHARD HENRY MOORE . I am a chemist, of 3, St. George's Place, Back Road East—I have been a chemist all my life—I was brought up from nine years of age in that occupation—I went over this house about 6th or 7th February, observed the appearance of the walls and floors, and took away portions of the paper, and of some of the boards from the upper part of the house—I subjected the deposit on them to analysis, from which I am able to say that the deposit in the flooring consisted of heelball or shoemakers' wax—there was nothing on the flooring to my knowledge—I took the flooring from the back room first floor, which was inhabited while Mr. Wales had it—the deposit on the paper and walls was carbon—it was the deposit arising from the consumption of the floor cloth and table covering—supposing a fire to have broken out in the shop, among the contents of which were floor cloth and table covering, which were burnt, the ascent of the smoke or smoky flame charged with that matter would be quite sufficient to account for the appearances in the upper part of the house—I express that opinion with certainty, as far as a matter of opinion can be certainty—I say it on my belief—I took portions of the table cover ing and stair covering from the débris in the shop, which we have in Court—there was a large mass of débris in the back room, but I did not find any burnt matter; it consisted of part of the plate glass front, and the electro-plated tea and coffee service, melted—it was collected together in the back room—there was a large heap; perhaps over a cart load—I can hardly judge of the quantity—it presented the appearance of a black burnt mass in minute fragments—it was from that that I took this piece, of oilcloth ( produced )—this is a piece of the plate glass shop front—you may see that some of it has fused, but this is not the fused part—this is only from the severe contraction, the cold going on it from the fire-engine playing—this piece of glass is not fused—from the appearance presented by the plate glass, there must have been a very great amount of heat indeed—this piece is not a sample of that which showed the most heat—this piece ( produced ) shows me that there must have been a very large amount of heat in the internal part, and the body of water playing on the front caused the contraction you see—there is nothing in this piece which can be called fused—I picked these pieces of floor cloth out of the débris of the shop—the house was in charge of the fireman, and I signed a receipt for them—I made experiments on the portions of the floor cloth I took away, and judge that they were made of paraffin oil or patent turpentine, boiled oil and dryers, sugar of lead, in the principal part of it, and that caused the amount of carbon to be deposited—I came to the conclusion that there was either paraffin oil or patent turpentine in it, on account of the smell and the flame it evolved, and the appearance when it was burnt—I examined the table covers—their composition was similar—the burn ing of a quantity of floor cloth and table covers, the matter being carried upwards in the smoky flame would, in my judgment, be sufficient to account for the appearances presented in the upper parts of the house; it was all of the same character—I examined the bottles and glasses, on which there was a deposit arising from burning wood—a large quantity of wood had been burnt in the shop—something in the nature of tar can be extracted from burnt wood—that would also ascend in burning—it is my opinion that the deposit was in the nature of tarry matter. Cross-examined. Q. What is your business really? A. A chemist, as analytical chemist—I do not keep a shop now—I did, in Watling Street, Commercial Road East—I never saw the prisoner before February—I was always a chemist and druggist—I was brought up as a surgeon—I am now getting my living in the best manner I possibly can—I am prescribing and mixing medicines, and doing medicine chests—I prescribe in my own place as a chemist and druggist—I am gaining my livelihood by pre scribing for persons in my own place—if I had a shop I could prescribe—my place is No. 3, St. George's Place, Back Road East—I have not a shop there—I have a private house—there is nothing on the door but the knocker and the handle—people know me so well in that part I don't put my name on the door—I prescribe for any one who is ill who comes to me—I am not acting as a qualified doctor—I could do so—I can hardly tell you how I came to be in this case—Mr. Wales's brother-in-law is an old friend of mine, and he said he wanted me to give evidence—it was through him my services have been obtained—his name is Thomas Turk—I really don't know what he is—I believe he sells horses, or something of that kind, or is a wheelwright—I really don't know—I knew him when he kept a public-house—he is not an old friend—he is a person I have been acquainted with for some time—I say that the deposit on the floor was cobblers' wex—it did not cover the floor—I only took a piece of it away—there is no tar in cobblers' wax—I scraped some of the matter off the walls and analysed it, first by trying whether it would dissolve in water—it would not—then I dried it—I found that it was carbon—I threw it away after I dried it—I found it was carbon because it was insoluble—I put dilute sulphuric acid to it, and I could not dissolve it—I wanted to see whether it would dissolve or whether it would float—it floated in the acid—I subjected it to my chemical tests, and I was quite satisfied it was car bon, because it would not consume, only at a very extreme heat—it would only just fuse—I did not expect it to consume in sulphuric acid—it passed off in vapour like soot—that was not when I put it into sulphuric acid—I tried it first in water and it was insoluble, and I tried it afterwards with liquor potassi , liquor of potass—I tried a piece of the paper from the wall, about half a sheet of note size—I expected that would dissolve in water, but I found it did not—then I tried liquor of potass—I expected by that means to find an oily material that would amalgamate with the potass, and make a kind of black soap—I do not mean that I found an oily preparation in the potass, but on the paper—the soapy matter was not sufficiently unctuous to wash your hands in, but it answered my purpose—it showed me I was correct in my theory, that the oily matter had ascended from the burning floor cloth, and deposited itself on the walls—it was not only carbon, there are other things with it—there is the oily matter—I tried the liquor potassi, and also the acid—they were both going on at the same time—they did not bring me to the same result—the result of the sulphuric acid was nothing at all, no benefit—I never analysed oilcloth before—I did so on this occasion, I swear that; I ascertained its com ponent parts—in my opinion I found paraffin oil in the floor cloth—it was only in the form of vapour—the walls did not smell of tar, they smelt smoky—I did not see any trace of tar, only on the pictures and the jug—there were traces of tar there—there is only a smoky smell on this table cover—I can't account for the appearance of it—I can only account for it just in the same style as the carpets; the carpets were in the same manner—it looks like some deposit of soot upon it—( Looking at a hearth-rug ) I do not smell any tar here, it is only a sooty smell. ( The rug was handed to the Jury, who said it smelt strongly of tar or turpentine ). MR. RIBTON . Q. In your judgment, what does it smell of? A. Smoke—there must have been a considerable volume of smoke—the smell of smoke was great—I have not passed any medical examination, because I have not had sufficient money to do so—if any one will give me the money I will undergo it—I am not a member of the College of Surgeons or a licentiate of the Apothecaries' Company—if the smoke ascending from below got through the crevices at the top of the door, that would be sufficient to account for the deposit of smoke on this table cover—the heat in the shop must have been very great indeed, and in my judgment it would produce these appearances ou this watch—I should think it was recent. WILLIAM CROOKES , Esq. I am a fellow of the Royal Society, and am editor of the Chemical News—I examined the premises, 27, Prince of Wales Crescent, the day before yesterday—I examined the paper on the walls in several rooms and different parts, I think all over the house—the paper appeared covered with uniform black deposit—it appeared most likely to be caused by a thick black smoke having settled upon it—I examined the boards in different parts of the house, they were coated in a similar way to the paper, and in addition there seemed to be a thick oily matter in some parts—I could not tell what that was caused by—it might have been pro duced by many different things—I believe I know the component parts of oil-covering and oilcloth, such as I observed among the débris —in my opinion the consumption by fire in the lower parts of the house, of such oil-cloth and oil-covering, would produce the effects I saw on the wall, and the deposit on the floor up stairs—oil-covering is a fabric covered over with oily matter; dried boiled linseed oil is the principal component, I believe, but I am not very well acquainted with the process of manufacture—I have made some experiments by burning some of this oil-covering—when I went over the house I saw certain appearances on the walls, on the floor, on the picture frames, and on the glass, and I thought it very probable that the combustion of oilcloth in the lower part of the house would produce the same appearances—I tried the experiment with some of the identical oil-cloth that I took from the premises, and I succeeded in imitating that most perfectly—I set fire to the oilcloth, and when the air had free access to it it burnt with a very smoky flame—upon placing a piece of glass or paper, over that flame the glass and paper were covered with a thick smoke—a black deposit of smoke and soot—that effect was produced when the air had tolerably free access to it, but when it was burnt in a very confined space of air a destructive distillation went on, and an oily matter was evolved that went up in vapour, and condensed upon any cold surface which I placed above it—I placed some of the blackest paper and blackened glass, blackened with the smoke of it; the vapour condensed on this, and pro duced a similar appearance of the streaks running down that I saw on the glass in the house—by regulating the supply of air during the com bustion I could produce both those effects simultaneously—the dense black smoke rose on to the paper and glass and porcelain that I had placed above it, and was, so to say, cemented on to the surface by the oily matter producing a black shiny deposit, exactly similar to that seen on the jugs and other things that were in the house—I believe I have given all the results of the experiments I made—I believe they would account for the deposit on the floor, as well as that on the walls—I think the appearances upon this table cover, might be produced by condensed smoke ascending from the lower part of the house where oilcloth was burning, and forcing its way through the closed door; the room would be filled with smoke, and the smoke would gradually settle down upon anything that was in its way; it would naturally not settle upon the part that was hanging—tar is pro duced by the dry distillation of wood—the circumstance of a fire in a house would be very favourable to the production of tar. Q. Taking the results of the experiments you made, supposing a great quantity of this oilcloth, oil-covering, or oil print in the lower part of the house, would there be a considerable quantity of the same kind of liquid that you produced by your experiments escape to the upper part of the house in vapour, so as to become such a substance as you perceived in your experiments? A. It is all a question of the amount of oilcloth that was in the lower part—if there was sufficient I believe it would produce the I effect. Cross-examined. Q. I presume the experiments you tried with the oil cloth you tried with small pieces and folded? A. I tried it principally rolled up; not such a roll as was in the house, but a few square inches rolled up in my fingers to imitate as nearly as possible the condition under which it was burnt in the house—oilcloth will not burn quickly if tightly rolled up—I tried several experiments; in some cases it was more tightly rolled up than in others, the more tightly it was rolled up the more slowly it would burn—I did not analyse the oilcloth at all, so as to ascertain what the elements were, but I think a chemist knows sufficient to speak on such a point—it was sufficient for my purpose to know that it was oily matter—possibly the oilcloth is not all composed alike—I do not know whether it is or not, but I should say not—I only used the oilcloth I took from the house—the term "tar" is such a very vague term, it simply means a resinous thick oily matter, very dark coloured; when oilcloth is burnt it would produce exactly that appearance—there is no tar is oilcloth—tar is a product of destructive distillation—there is nothing of the nature of tar in oilcloth any more than there is in wood—by distilling oilcloth you can get something in the nature of tar—it would not take me many minutes to do it if I had the materials—I examined the deposit on the walls, not chemically; I did not analyse it—it is impossible to say from the appear ance of this table cover whether it could have been produced by the burn ing of oilcloth, but I should certainly say that the room in which this was lying hod been full of smoke, which hod gradually settled on it—it is im possible to say whether there is any tar on it—I know what oil of tar is—if a gallon and a half or two gallons of it in a vessel was reached by flame it would rapidly volatilise and burn with a smoky flame; there would be a great mass of black smoke and vapour, which would penetrate through every crevice, and it would produce this appearance—I believe all the effects I sec on that table cloth could be produced in that way—the piece of glass produced by Dr. Odling has a tarry smell—this appearance would certainly be produced by a sudden rush of vapour arising from the com bustion of tar-oil—I should expect to see the inside of the glass present a similar appearance to the outside—I believe that such a combustion could arise from the burning of oilcloth—it is simply a question of quantity. Q. Take any quantity of oilcloth you like, and place it in any way you desire, would a fire suddenly reaching that oilcloth produce a sudden burst of black smoke, almost suffocating the persons who were near, and a quantity of vapour, passing all over the house? A. I do not think it would. MR. RIBTON . Q. Where a quantity of oilcloth is exposed to the action of fire must not combustion be going on for some time before it breaks out into smoke and flame. A. If the oilcloth had been previously exposed to the action of the heat a process of dry distillation would go on; that dry distillation would produce a quantity of oily matter, and the heat coming suddenly on that oily matter afterwards might produce the effect, but I was given to understand that the oilcloth was supposed not to have been exposed to the heat previously—I cannot say that I know the con tents of the shop; it was entirely in ruins—the destructive distillation of wood and floor cloth together, with a volume of smoke ascending, would certainly be sufficient to account for the evolution of something in the nature of tar; it cannot possibly be otherwise—it would not only produce sometliing in the nature of tar, but it would produce tar itself—I believe that that something in the nature of tar found oti the floor in the upper part of the house would be accounted for by the burning of the oilcloth and other matters in the shop below, but the expression, "something in the nature of tar," is excessively vague—I was enabled by actual experi ments with the burning oilcloth, to produce precisely the same appearance—I will not say that that must have been produced by it, but that may have been, and probably was—of course if two gallons were in the shop that might account for the appearances, but the appearances may also be accounted for by the burning of the materials shown to me as having been in the shop—I believe the one would produce them just as readily as the other—portions of the oilcloth rolled up were shown to me; in some of the experiments I made I rolled up the oilcloth in a similar way. COURT . Q. I understood you to say that all the experiments were tried with small pieces of oilcloth a few inches square? A. Yes—I did not try any experiment of how it would burn when rolled up as it was in the shop—tar or pitch is formed from destructive distillation—I should scarcely think it could be produced by the destructive distillation of dried linseed oil, but I am really speaking without much knowledge on the subject. JURY . Q. We wish to have your opinion as to that rug? A. This seems similar to the table cloth—judging from the smell, it has been ex posed to the burning wood, wood smoke, which would be the same as tar, or almost the same. CHARLES WILLIAM HEATON . I am professor of chemistry to Charing Cross Hospital Medical College, and have been so for four or five years—I visited the premises 27, Prince of Wales Crescent, on Monday, 1st April—I examined the carpet—I do not think I have a piece of it with me, but I have the extract which I took from it—I observed a deposit on the carpet—it seemed a black smoky sort of deposit, smelling somewhat tarry—I took it to the hospital, and in the course of the following day or two I examined it as well as I could—I took a square piece, where the deposit appeared thickest—I boiled a small piece of the carpet with ether—I then poured off the ether and evaporated the solution, and so obtained dryness—I have the basin in which I performed the operation; it has the re sidue in it—there is a small yellow deposit on the evaporation, a some-what tarry or oily-looking substance—I found that this was acid to test paper—supposing a quantity of oil-cover and oilcloth had been burnt in the lower part of the house, to the best of my belief that would account for the deposit I found on the carpet—I tore a piece of paper off the walls and took it home with me, but did not subject it to any special chemical examination—I also found the deposit on the paper; it was, however, of a different character and appearance at any rate; it more resembled soot; it was a very carbonaceous deposit—I examined the glass of the pictures—I removed one of the pictures, and have it here—I observed what appeared to be a yellow oily substance on the glass—I ex perimented on that by scraping off a portion of the deposit and boiling it with ether, and another portion with water—the etheral solution or eva poration gave me a yellow oily substance very similar to the one obtained from the carpet—the aqueous solution was acid—I may state that both these yellow deposits appeared to resemble as closely as possible the yellow oily substance which is obtained during imperfect burning, the distillation, I ought perhaps rather to say, of wood and such like sub stances and fabrics; paper for instance, linen, dresses, and so on—I also examined a white jug, which is hero; it is completely coated over with a kind of black shining deposit—the deposit on the paper was dull, the deposit on this jug is something intermediate between the two other ap pearances—on the paper I noticed a black opaque deposit, more like soot—on the glass of the picture I noticed a yellow oily substance not in the I least like soot—this seems to have the blackness of the one and some thing of the oily character of the other—by burning oilcloth and oil-cover, I taken from the premises, I have produced results essentially identical with these three appearances—a day or two ago I had submitted to me a small portion of the glass from the shop—I have it here; there is a black opaque tarry-looking deposit on it—I made a small experiment with that within the last few days—I boiled it with ether, and I found that it separated into two portions, a black powder apparently very like soot, and a liquid, which on evaporation gave me a yellow oil identical in appear ance with that I obtained by the other processes—that experiment con firms me in the idea of the black shining deposit being somewhat inter mediate between the other two—I have here the results of the ex periments I made, and, if permitted, can show by burning a small piece of oilcloth the mode in which the deposit is produced—in the first place, I burnt a piece of floor cloth, simply taking two or three thicknesses of it I together—here is a portion of the oil-cover which I myself removed from the premises—I only took three or four thicknesses—I burnt it, and noticed that it burnt with a bright light, and with a very thick, smoky flame—at a short distance above that flame I held this piece of white porce lain, and obtained immediately this deposit on it—there is no particular smell from it, nothing at all in the nature of tar, I believe the burning was too complete for that—I also made another experiment, in which I placed a piece of the substance folded up into a small crucible, such as I have here, in order to take the extreme of the opposite side—in the first experiment I burnt the substance completely with a good supply of air—in this case I did not burn it at all—I simply subjected it to a distillation—I heated it without contact with the air, and in that case I got on the upper portion of the crucible this yellow oily deposit, which is acid to test paper, and resembles closely in all respects the yellow deposit found on the glass of the picture—I should be unable to distinguish between the two—I made a third experiment, not, if I remember right, from the oilcloth, but from the floor cloth; but in one case I made an experiment from the floor cloth which from an oversight I did not make from the oilcloth—I first got a black soot deposited; I then exposed it to the oily vapour attainable by the destructive distillation, trying to obtain the appearance I had got on the jug—this is it—of course I produced the effects rather roughly and imperfectly, but that is a shining black appearance, something like that I found on the jug—I believe that was all the experiments I tried—I cer tainly believe that the appearances I observed on the premises might all have been occasioned by the burning in the shop of a quantity of oilcloth and oil-covering, with a limited draught of air passing through—sup posing this table cover to be on the table of a room where the door was shut, and the smoky vapour getting through the crevices and settling on it, I should expect it would present this appearance—I should be sorry 3to swear absolutely that it would, but I should expect it—the tar-like smell on the rug seems to me to resemble very much the burning of wood and other fabrics—I do not say it is identical—a smell is a vague thing to swear to. Cross-examined. Q. Have you learnt how long this fire lasted? A. No, I have not—I heard it in a general way—I did not understand that it would affect the question much—I was asked what would be the effect of the burning of wood, not what actually took place—it appears to me that a fire lasting an hour, with oilcloth and wood in the place, might account for every wall and window, and almost every article of furniture, being covered with this black deposit—I admit frankly that it is a very difficult case to speak absolutely upon; but the impression I formed on the matter was that it might—if the floorcloth burnt it appears to me it might produce the effect, if it was not burnt, I should not think so—I cannot pretend to say how long it would take to burn oilcloth folded up in sufficient quan tities to produce such an effect all over the house; it would entirely depend upon the temperature; I cannot give the slightest idea—I think it would depend upon the heat, the draught, and so on, of course it would burn much more slowly in rolls—it is impossible to form an idea how much oilcloth it would take to produce these effects, I believe if a quantity was burnt in a building it would produce them; if you force me to make a guess, I should say perhaps one hundredweight or so: it is a mere guess—I can't say how long it would take to burn a hundredweight; it would depend on the draught, I never made the experiment. Q. Supposing a moderate flame, confined to an area of three or four feet, and suddenly a burst of flame, a quantity of black soot, a suf focating smell of vapour, so that persons were obliged to rush out in consequence, should you be of opinion that that arose from the burning of oilcloth? A. All produced suddenly! it seems very unlikely; I can't pretend to say it is impossible, I should be very sorry to say so, I should be very sorry to say it was likely, it is not the phenomenon I should expect to see; but I see a good many phenomena that I don't expect—it is precisely consistent with the possibility of a flame reaching a vessel full of tar oil; it is exactly the result that would follow assuming that it was an exceedingly cold night, I should think the appearance! presented all over the house would be entirely consistent with it. MR. RIBTON . Q. Did you see the débris? A. I did—I saw the remain! of a quantity of oilcloth that was actually burnt—I have some small piece with me that have been more or less burnt—I saw some in rolls that had been partially burnt, one end of it or something of the sort; the portion burnt off had been consumed; I found it in the débris; the great bulk of it appeared to me to have been consumed: I found some remains—it appeared to me that the portion that was not there had been completely consumed; I could not say that whole rolls had not been consumed—I heard some statement of the time the fire lasted, but I did not pay much attention to it, because it was not the point submitted to me—I think they told me that it had lasted some hour or two, but I did not pay much attention—I am sure that it did not last ten or twelve hours; looking at the place was enough to show that—a combustion might have been going on for some considerable time before the effects were visible in smoke issuing from the room; one would fancy that the shop would first of all fill with dense vapour, which would afterward ascend—I cannot say how long the fire would smoulder before smoke would come out—I cannot say that oilcloth burning, and air suddenly admitted, would account for the sudden rush of flame and black smoke; it might; it is a question I feel some uncertainty about, not having any special knowledge to guide me—the smell in the nature of tar might be accounted for by the burning of the oilcloth and floor cloth, provided they did burn—it appears to me that might have caused all the appearances I saw—I have no doubt that some quantity was burnt, because I saw it. COURT . Q. Is that black which you produce what is called in popular language "lampblack?" A. Yes; the burning of almost anything will produce that, and the more oily it is the more easy it is to produce it—the yellow matter is a substance which may be seen in burning a piece of twisted paper—it contains citric acid, which was the cause of the acidity I noticed; it is contained in a great variety of other substances—I believe pitch of commerce is a residue after distillation of oils from coal tar—I do not believe that a destructive distillation of linseed oil would produce any appreciable quantity of coal pitch—that confirms me in my idea about these experiments—I found no pitch—if there was pitch, or anything in the nature of it, and any fire about the house, I should imagine it could not be due to the linseed oil and the oilcloth; it is a very delicate question to answer, I am only answering it to the best of my knowledge; it is all rather obscure. MR. RIBTON . Q. Look at this watch: from the effects of the fire, which you yourself saw, do you think that a fire which left such traces behind it would have been intense enough to have consumed watches, and to have left them in that condition? A. I should think so—I have examined this watch with some care—it appears to me rather as if some white metal had fallen on it—I should certainly think the fire would have oeen sufficient to reduce watches to this condition—I have no reasonable doubt of it—it seems to me, not that the watch is melted, but that some white metal has fallen on it—if that was found amongst the débris I should certainly have no hesitation in saying that it was caused by the fire. MR. SERJEANT BALLANTINE . Q. Do you mean that that could have occurred without a very high temperature of fire? A. As far as I can judge from these specimens, I should think that a very high temperature was not required, because I cannot perceive that even the brass work has been melted—I cannot tell whether this is silver—I cannot tell the precise temperature at which silver melts—I do not think that a high temperature is antagonistic to destructive distillation—you might have destructive dis tillation carried on at a high temperature; possibly not in the same spot, but the two processes might go on at the same time. Q. Supposing that watch to be on the counter, and the counter not burnt, what would you think then? A. My answer must a little depend upon whether this is silver or not; taking it to be silver, it does not seem to me likely it would be the case; certainly it is possible, supposing there was an iron plate on the counter, for instance, and it was raised some dis tance from the counter, the heat might then be sufficient on the counter, yet the counter would not be burnt—supposing a fire under the counter, the counter not burnt through, and the watch upon it, it seems very unlikely that it would be melted on the woodwork; supposing this is silver, it would of course be impossible: some metals melt at a very low tem perature indeed—of course it could not be melted through the counter. MR. RIBTON . Q. Supposing it was not on the counter, but came within the action of the flames where they were infensest, would that be suffi cient to reduce it to the state in which it is now? A. It seems to me very possible; I can melt common copper wire in a candle flame—fire varies very much in its intensity in different places—it is extremely difficult to measure its exact intensity. WILLIAM CROOKES , Esq. ( re-examined ). I saw the debris —as far as I can judge, this watch does not show any signs of fusion; it appears as if some fused metal had fallen upon it—the glass is melted—in my judgment the fire that caused the effects I saw in the house would be sufficient to reduce watches to this state, if brought within the action of the flame—I have no doubt of it, a common kitchen fire would produce this effect, and more. MR. SERJEANT BALLANTINE re-called in reply DR. ODLINE . I have heard the account given by the last gentleman, of the experiments he made and the results; they are not at all inconsistent with my observations: we made substantially the same experiments, except that we used half-pound materials, but bringing out substantially the same results. I scraped some portions from the wall and from other portions of the premises, and placed them through a rough analysis—the results from the oilcloth do not alter the opinion I have expressed—taking oilcloth and working it in different ways, you can get different results, but the product obtained by the different modes of treating oilcloth differs from the deposit in the house in several particulars—the product obtained by the destructive distillation of the oilcloth is oil, and not tar; it is a substance that is not siccative and does not dry up into a black pitch; the substance produced by the distillation of oilcloth smells essen tially of the oil; it is the smell of burning oil, quite distinct from the smell of burning tar—another point is that the distillation is an extremely slow process, whereas the distillation of tar takes place almost instantaneously—it took us three hours to distil one half-pound of the material as we found it; we took the roll rather thicker than my arm and cut a section out of it, and tried it with the piece of oilcloth as we found it in the premises, and it took us three hours to distil it, and half an hour to burn it on a strong fire, and it left half its weight in ash—I do not mean that it took three hours before a product was obtained that would fasten on the walls and furniture; the product began to be formed very soon after the heating, but it took that time to effect a complete distillation—there is another point of less character, that the substance produced by the distillation of oil cloth has a very strongly acid reaction, whereas in the case of this deposit on the walls it was only just acid. Q. Are you able to account for the appearances presented in the house by the combustion of any quantity of oilcloth whatever, in connection with any quantity of wood? A. If you take any particular part of the house, a portion of the wall or anything else, leaving out the consideration of smell, that appearance might no doubt be produced by the oilcloth; but if you take the evidence of the sudden evolution of vapour, that could not be produced by oilcloth, because oilcloth will not produce vapour suddenly—we extracted tar from the paper, and from some of the crockery, and from the glass of the windows, what every one would call tar. MR. RIBTON . Q. What was it that you did distil in three hours from half a pound of oilcloth? A. We distilled what chemists call empyro matic tar; that is truly in the nature of tar—it is quite distinct from the substance that we ordinarily call tar; if you burn wood long enough, and with an insufficient access of fir, you will get tar from wood—the ordinary manufacture of tar from wood is a process lasting some weeks—burning wood for the same time it takes to burn oilcloth, will produce tar; if I had performed the same experiment on wood as I did on oilcloth I should have got a tarry substance. MR. SERJEANT BALLANTINE . Q. In how long a time? A. I did not actually perform the experiment, but, from my knowledge of wood, it would certainly take a very much longer time. GUILTY .— Ten Years' Penal Servitude. 508. DAVID BROOKS (37) , Robbery on Sarah Ann Shelton , and stealing from her person one purse, and 4 s . 5 1/2 d . and other articles, her property. MR. WRIGHT conducted the Prosecution, and MR. STRAIGHT the Defence. SARAH ANN SHELTON . I am single, and live when I am out of a situa tion at 12, St. George's Road, Shepherd's Bush—on 24th April, about half-past eleven, I was in Mitre Lane, on my way to St. George's Road—that is in the direction of Wormwood Scrubs—two men came out from behind some pales—the prisoner is one of them—the other man said, "I want your money"—I said, "I have none"—the prisoner snatched a veil from my face, and said that he knew I had money; he also said, "You must take the purse from your pocket and give me what you have"—the other man took a knife from his pocket, and said if I did not give him my urse he would stab me—in consequence of that I gave him my purse—it contained 4 s . 5 1/2 d . three postage stamps, four keys, and a steel ring—the prisoner said he knew I had some in my pocket, as he heard it jink —I turned out my pocket, and then they said they were perfectly satisfied and walked down Mitre Lane—I was afraid to follow them, and waited two or three minutes until they were out of sight, and then I went on I in the same direction—they ran down Mitre Lane, and turned to the left towards Harlesden Green—I met a policeman and told him—he went round by the public-house, and told me to go on to Willesden Green—he went in the direction the men had gone—I next saw the prisoner at about twenty minutes to ten in custody, and at once identified him—he said he was as innocent as a young child—on Friday I found part of my purse in the Harrow Road, near Harlesden Green—that would be about a mile and a quarter from where I was stopped—I am positive the prisoner is one of the men. Cross-examined. Q. Where you out of place at this time? A. Yes—I was not then living at St. George's Road, but was going over there that evening—I had been staying at St. Mary's Terrace—there are a great many navigators about that neighbourhood—there are railway works ran on—the navvies dress very much alike—they wear red neck-handkerchiefs, heavy boots, corduroy trousers, and smocks—there were only four penny pieces found on the prisoner—he said he had been to a person named White, and had some supper and beer—I did not hear him say he had had I tea. MR. WRIGHT . Q. When you saw this man at the police-station had He the same dress on as he had when he accosted you? A. Yes, a black cap with a little braid round the peak, a very dirty white slop moleskin trousers, and a red handkerchief round his neck. JAMES PRIMER ( Policeman 94 X ). About 10.30 p.m. on 24th April I met the prisoner in the Harrow Road, and in consequence of something I had heard I took him in custody—he had on a dirty white slop, fustian trousers, a black cap, and a red handkerchief round his neck—when charged he said he was as innocent as a child. Cross-examined. Q. Did he not say something about having been to Mr. White's to tea? A. No—he said he had been to a man named Bun bury, and had some tea in the hut—Harlesden Green is about a mile from where I took him—the Orange Tree public-house is close by—he came Dp to me and asked where he could get a night's lodging—he was rather startled when I took him in custody—I fetched the prosecutrix and told her there was a man at the station for her to come and look at. MR. WRIGHT . Q. What is the distance from where the robbery took place to this hut? A. About a mile. GEORGE ISARD ( Police Sergeant 14 X ). On 24th April I was at the station when the prosecutrix came to see the prisoner—she immediately recognised him—he said she must be mistaken, as he was not the man—he said he had been in the hut in the afternoon, and he was there again from six to half-past nine, and between those times he had been at the Spotted Dog public-house. Witnesses for the Defence. WILLIAM WHITE . I have sometimes gone by the name of Bunbury—I that is my father's name—Mrs. Bunbury is my sister-in law—I am engaged on the Midland Railway works—I live with my wife in a hut close by—I recollect seeing the prisoner on 24th April on the works just after dinner—I worked with him last summer—I told him to meet me at home—when I went home, about half-past six, he was at home—I went home about twenty-five minutes past six—my tea was ready, and I had just sat down I to it when the prisoner came in—he came in about five minutes after me—he took tea—my sister-in-law, my sister, and my brother were there—my wife returned home about eight o'clock—a man named Boffin, who lives next door, also came in about eight o'clock—the prisoner asked him whether he could oblige him with a bed, he said he could not—just as I was going to bed I asked the prisoner where he was going to stop, and he said he not know, for he had no money, and my wife directly gave him fourpence—we had two pints of beer in the course of the evening. Cross-examined. Q. What day of the week was this? A. Wednesday—I left my work about twenty minutes past six, and it takes me about five minutes to walk home—we leave work at any time when we have done—the horsekeeper tells us tho time when we go home—Mr. Boffin has a clock—I cannot say whether I met any friends on my way home—I never stopped anywhere, but walked straight home—I have not a clock in my house—it is a conjecture of mine that the prisoner came in five minute after me—the prisoner was in his working dress—I have known him between two and three years. MR. STRAIGHT . Q. Have you known him as an honest man? A. I never heard anything against him—the horsekeeper took out his watch, and said, "It is about twenty minutes past six, you are forward to-night, chaps. " SARAH BUNBURY . I am White's sister-in-law—I was staying there on 24th April—the prisoner came there at exactly half-past six that evening—I can fix that time, because I went and looked at Mr. Boffin's clock, and it was then twenty minutes past six—my brother-in-law came in first, and began taking his tea, and then the prisoner came in—my brother-in-law got up from his seat, and told the prisoner to sit down, and ordered me to give him something to eat—the prisoner remained there till a quarter or twenty minutes past nine—they had a pot of beer—Mr. Boffin came in about eight o'clock, and the prisoner asked him if he could give him a night's lodging—he said he could not, and Mrs. White gave him fourpence to get a bed. Cross-examined. Q. Had you laid out the tea things when you went to look at Boffin's clock? A. Yes—we were waiting for tea—I do not think it was more than ten minutes between that time and when the prisoner came—I did not notice anything in the least strange about the prisoner when he came in—I heard that he was in trouble about ten the next morning—Mrs. White gave him four penny pieces—I know the prisoner left about twenty minutes past nine, because I saw Boffin's clock directly after he left. JOSEPH BOFFIN . I have been engaged on the railway works at Wil lesden—I live next door to White, and have a clock—I know the prisoner—I saw him pass my hut on Wednesday, 24th April, at half-past six—as soon as he got to White's door he said to me, " Joe , have you been here ever since we left the hut?"—I said, "Yes, David, I have"—he was on the same works as I was last summer—about eight o'clock I went into White's—White's brother, wife, sister-in-law, and sister were there, and also the prisoner, who asked me whether I could accommodate him with a bed that night, and I told him I could not—I have always knowed him as upright and downstraight. Cross-examined. Q. Do you know whether your clock was fast or slow? A. About the right time—I know that from going backwards and forwards to my work—there is a bell at Kilburn which rings at six in the morning, that we generally go by. MR. WRIGHT to WILLIAM WHITE . Q. Have you ever heard of the prisoner being in any trouble before? A. No. MR. STRAIGHT . Q. Who keeps your time at the works? A. A ganger—if we are over our time we lose a quarter of an hour, and so on. COURT to SARAH ANN SHELTON . Q. Had you known the prisoner before this night? A. No, I never saw him before—I did not know his name. NOT GUILTY . 509. JOHN GREEN (43) and ALEXANDER JOHN SINKINS (26) , Stealing seven watches, the property of George Skelton , in his dwellinghouse. MR. W. SLEIGH conducted the Prosecution, and MR. PATER the Defence. GEORGE SKELTON . I live at 43, St. Martin's Lane, in the parish of St. Martin in the Fields, and am a watch and clock manufacturer—about a quarter to four on 9th March I left my shop in Mrs. Fox's care—about five o'clock I returned and found seven watches had been stolen from a case near the window—I supplied the numbers and the makers' names to Sergeant Ackrill—they were worth about 60 l . CATHERINE FOX . I am Mr. Skelton's housekeeper—I remember his going out about a quarter to four on 9th March—I was left in charge—shortly afterwards a cab drove up to the door, and the cabman asked me to send some oue out to speak to the person in the cab—being alone, I had to go myself; when I got to the cab door, a man asked me to send some one to No. 4, New Street, Spring Gardens, to see about a clock—I then turned round and saw two men, one in the doorway and the other coming up the shop—the one at the door said, "How long will Mr. Skelton be before he is in?" and he gave a sort of grin—I seized hold of him and said, "You have got something"—he threw me to the back of the shop and ran away—I just had time to get up to see him turn down Hop Gar dens—I saw his face distinctly—Sinkins is the man—about a quarter to leven a.m. on 2nd April I was fetched to the police-station—there were twelve or thirteen men, and from amongst them I picked out Sinkins—that was entirely by my own judgment, and without any assistance or aid from the police—I have no doubt whatever that Sinkins is the man I saw in the shop, and I believe Green to be the other—between eight and nine p.m. on 27th March I was taken to the police-station for the purpose of identifying some one—it was Green, but I could not identify him because he had disfigured himself—he squinted his eyes and bowed his legs—I saw him a week after at Bow Street, and then I believed he was the man that was in the shop. Cross-examined. Q. The whole thing, I suppose, happened in a moment? A. Yes; I was alarmed—the glance I had of Sinkins was a short one, but it was quite sufficient to see it was him—I remember saying at Bow Street, "I had a short glance of the man in the doorway"—I believe he had a hat on, but I am not certain—I am not able to say whether he had a moustache or not, but he appeared to be clean-shaved—he had a sort of scarf round his neck—I did not see any moustache—I speak with certainty—I said at the police-court that I did not think he had any moustache, and that he was clean-shaved—I think the prisoner called some time before this robbery, and asked if something was gold, and whether I would buy it—I told him we did not buy such things—he was dressed almost like a navigator then—I did not say at the police-court that I could not identify Green, I said I could not be certain—I am more certain now that he is the man, because I have seen him often, and know his face a little better—I said at the police-court I could not be positive Green was the man, but I had not much doubt—I think I first identified Green the day after Sinkins was examined at Bow Street—it was on the first examination before the Magis trate, when Green was standing in the dock, that I recognised him—previous to seeing him in the dock I had had an opportunity of recognising him in the yard—I think I said at the police-court that Sinkins was the man that threw me down, and I believed Green to be the man that was with him—I cannot say I clearly swore it before the Magistrate—I know Mr. Robson well—he is a neighbour—I remember seeing him at the police-station, and saying to him that I could not recognise Green, but that they all looked a guilty lot of people—I have not been in communication with the police since he has been committed for trial—I have spoken to a con stable since—I dare say I have seen Constable Gordon five or six times since the robbery, but he has said very little to me about it—Mr. Robson was the first to come to my assistance, and he ran after the prisoners—I was taken to the jailor's room on one occasion to identify Green, and I said then I could not exactly identify him. MR. W. SLEIGH . Q. Was that on 27th March, in the evening, when he bowed his legs and squinted his eyes? A. Yes. COURT . Q. Was there any other occasion on which you went into the jailor's room? A. No—I cannot say which is the jailor's room, I was taken into the yard that night. JOHN WILLEY . I am salesman to Mr. Baker, of 100, St. Martin's Lane, china and glass manufacturer—about twenty minutes to four on 9th March I saw three men opposite Mr. Skelton's shop, on the same side of the way—between that time and half-past four I saw two of them con tinually in the neighbourhood of his shop—about half-past four I saw the same two running from the prosecutor's door—there was then a cab at the door—the prisoners are the men—I am perfectly sure of it—they went up St. Martin's Lane and turned up Hop Gardens—I did not run after them, as I did not know what had occurred—the cab at the door obstructed my view of what was passing—I believe I had seen the prisoners there a week previously, but I cannot speak with certainty to that—I gave a description of the prisoners to constable Gordon—about three weeks after the robbery I went to Bow Street—I cannot say whether it was 2nd April, but it was on a Tuesday or Wednesday. Cross-examined. Q. Can you tell me how the men you saw between the hours you aspeak of, were dressed? A. I cannot, only one, and that is the man that is not here—when I saw them running away I was in my mas ter's shop—one of the prisoners had a hat on—I think that was Green, but I cannot swear positively—I could not swear whether they were wear ing light clothes or dark—it is not an uncommon thing for persons to walk up and down St. Martin's Lane, but they do not loiter the same as the prisoners did—through a communication I received from my employer, I went to the Bow Street Station—I saw the inspector and several policemen, but not the prisoners—I cannot give you the date when that was, but it was on a Tuesday or Wednesday—that was the day I identified Green—there were eight or ten men in the yard—I told Mr. Skelton when I got back that I had recognised Green—I was asked at the station whether I saw any of the men that I had seen loitering in St. Martin's Lane—I said, "Yes," and pointed Green out—I was not asked any other question—I remember saying at the police-court, "I still believe I came to this Court on the Tuesday or Wednesday, as I stated in my evidence on the last occasion," and I swear again to-day that I believe that was the day—I did not see Mr. Robson run after the prisoners—Hop Gardens is about thirty-five or forty feet from our shop—I had seen them previously, and as they ran I recognised their faces—I do not recollect seeing Mr. Robson the same afternoon or evening—I did not go to his house and ask him what had taken place over the way—I know him well—he is supposed to be an organ manufacturer—I do not know whether he is or not—I have seen his name up, and have known him four years—I did not inquire of him a few hours after what had happened, but he came into my shop and asked me whether I had seen any men loitering about, and then he told me what had hap pened, and that he had run after the men. COURT to CATHERINE FOX . Q. Had the man that threw you down, a light coat on? A. Yes. WILLIAM GORDON ( Policeman 33 C ). On the 27th March I appre hended Green in St. Martin's Lane—I was in plain clothes—I told him I should take him in custody for being concerned with others in stealing seven watches from 43, St. Martin's Lane—he said, "All right, do not show me up; come to a public-house; a sovereign is better for you than locking me up"—I said, "I shall do nothing of the kind," and I took him to Bow Street Station—he was placed amongst other people, and Mrs. Fox saw him, but she was so frightened she could not identify him—he was then put in the dock, and while there Mr. Brennan called out to me, "Look out, Gordon," and I saw him put this diamond ring ( produced ) in his mouth—I took it out of his mouth—I then searched him, and found 5 l . 8 s . 2 d ., a bunch of keys, two diamond rings, a gold watch and chain, and a duplicate of a watch pledged for 7 l .—about eleven p.m. on 2nd April I took Simkins in St. Martin's Lane on another charge—when he saw me he rushed into a public-house, and then came out and put his hand rouud a lamp-post—I told him I should take him in custody—he said, "You are not going to take me into custody for them watches with Green, are you?"—I said, "I do not know"—I took him to the station—he was placed amongst fourteen or fifteen other men, and was picked out by Fox and Willey—on 9th March I was in St. Martin's Lane from eleven a.m. to 4 p.m.; I saw the prisoners there, with three others, between two and four—there can be no doubt of that, as I knew them well. Cross-examined. Q. When you apprehended Sinkins was he not the worse for liquor? A. He appeared to be so immediately he saw me—he might have been drinking, but he was not drunk—Green did not deny being concerned in the robbery at Skelton's—he did not say he was not in London at that time—he did not say anything about being at Wands worth—after I had taken him to the station I did not see a man named Har rington—I know a tailor named Daniel Harrington very well indeed—on the morning following, about one o'clock, he followed me and another con stable into a public-house in Cranbourne Street—he did not ask me what I had locked Green up for, but he pulled out some money and said I had better square it—I told him if he made use of such words I would break his neck—he had his two daughters with him—I did not tell him I had locked Green up on suspicion of being concerned in a burglary—Har rington did not say Green was innocent—I never said that Green had plenty of money, and I would make him spend some quids —Harrington was not with us more than five or six minutes—Kane ( Policeman 35 C ) was with me, in plain clothes—I may have known Harrington more than four years—I have never visited him at his house, nor has he been to my house—I have never had tea with him in my life—Willey gave me a description of the men. Q. Do not you know that the things found upon Green were intrusted to him for sale? A. No, but I know that the man who claims them is not respectable—he goes about race-courses, selling cards. Witnesses for the Defence. JAMES BRENNAN ( Police Inspector F ). I produce a charge-sheet re lating to the prisoner Green—it contains an entry made at the time he was brought to the station on 27th March—I was present when it was entered ( Read: —"Bow Street Police-station. John Green, loitering in street. Persons charging—William Gordon, policeman 33 C. Taken into cus tody by William Gordon, policeman 33 C. Property found on person—Two diamond rings; duplicate for gold watch; a gold watch and chain; 5 l . in gold, 9 s . 3 d . in silver, and 8 1/2 d . in copper; twelve keys and a steel ring; two keys and a gold ring found on prisoner at the station.") Cross-examined. Q. Did you take this charge? A. I did not, but I was present when it was taken—Inspector Parker took it—I was attending to other business—I heard all that took place—Gordon said, "I believe there will be a charge against this man for being concerned with two others in stealing those watches from St. Martin's Lane." THOMAS FREDERICK ROBSON . I live at 101, St. Martin's Lane, and am an organ manufacturer—I was born there, and my father before me, that is next door to Mr. Baker's—I remember a robbery at Mr. Skelton's, but I can hardly tell you the date—it was on a Saturday afternoon, between half-past three and five—I was walking up and down a passage by the side of ray house about a quarter-past four, and saw two men standing on the opposite side—they looked like Americans—there was something peculiar in their manner and dress, something of the American circus class of men—I watched them half an hour—they saw me watching them, and then they moved some distance down—they were looking up at a house—I went in and had my tea, and then returned—I saw a cab drive away from Mr. Skelton's door, and a big man standing on the step—I went across the road, and the tall man ran away—a little man came out of the shop, and ran almost against me—he ran off—I went into the shop, and found tne old lady gathering herself together—she told me what had occurred, and I went after the men—they had fifty yards' start of me—the little man beat the big one—they ran up Hop Gardens—I went up there, but could not see any one to help me—I do not think either of the prisoners are the men—they are not the class of men—I should say they were certainly not the men—I returned to the shop to see if the woman had recovered, and found her in a very nervous state—I was afterwards taken to the police-station by Sergeant Ackrill to identify some one—there was a row of men, and the old lady was there—she made an extraordinary remark, and said they were all guilty—I stated then that Green was not one of the men—I can hardly tell you how soon it was after the robbery that I saw the witness Wiiley—I think it was on the Saturday night or Monday morning—I was standing at my door, and he came to me and said, "How about the robbery over the way?"—I did not call at his employer's shop and enter into a conver sation with him—he spoke to me—he said, "What is the matter over the way?" and then I told him exactly what I am telling you—it is true I told him what had happened, but I did not tell him that at his shop. COURT . Q. Do you mean to say that you did not ask Willey if he had seen the men loitering about? A. No; the conversation all emanated from himself—he asked me questions, and I answered them. MR. PATER . Q. Was it in consequence of the police calling at your house that you have given the information you have to-day? A. Cer tainly—at the police-station I examined the whole of the men, and I said that neither of them was the man. Cross-examined. Q. Do you mean to tell the Jury you don't know the day of the month this occurred? A. I really do not—I know it was on a Saturday—I cannot tell you exactly what time in the evening it was that I went to identify Green—the old lady was there, and she was very timid and nervous—the men were all standing in a row, but I do not remember any one hanging his head down, or assuming any particular position—Hop Gardens is about thirty or forty yards from Mr. Skelton's door—I followed the little man into Bedfordbury, and he ran into another court. COURT . Q. Can you say that you would know the men? A. No, I could not say that. THOMAS CLARINGBOW . I am a retired butcher, and live at Dew's Row, Wandsworth—I remember Green coming to me on a Saturday in March last—I had not seen him before—I think he came about three o'clock in the afternoon—he came with two other men, and he remained with me till between five and six—it was 9th March—I have no doubt about that at all. Cross-examined. Q. Are you quite sure it was the 9th March: I believe you said at the police-court that your son went away on that day? A. Yes, I am quite sure about that—a gentleman named Turk came with the prisoner in a cart—I hare known Turk three or four years—I was going to buy the horse, we tried it, and then we enjoyed ourselves at a public-house—I suppose we were an hour looking at the horse—we tried it in the York Road, Wandsworth—we then went into the Princess's Hotel—that was about four o'clock—we went into the coffee-room—I had some brandy and water, and soda and brandy—Turk had the same—I think Green had some porter or cooper —I think it was a Yorkshire club, that is, we all paid alike—no one stood treat—I should have given about 20 l . for the horse, but I did not like the look of it, it was rather lame—Green drove it up and down—there was a young man there as well—I merely passed the time of day with Green, and asked him his opinion about the horse, and whether he thought it would suit me, and he would not make any answer—I am not aware that I know a police-constable named Ranger—I do not know a police-sergeant named Ackrill—I do not know that man ( Sergeant Ackrill )—I will not swear I never saw him before—I do not remember two people coming to see me at Wandsworth after Green was admitted to bail, nor holding out my hand to one of them, thinking it was Green, and saying, "Halloa, old fellow, I am glad you are out; you know you will have to pay me 5 s . for coming up for you; we are bound to pull you through it, but I shall see your brother, and he will pay me the 5 s ."—I never saw him, and never used words to that effect: that I swear—I saw Green after he was out on bail—I did not bail him—I saw him after I had given my evidence at the police-court—Mr. Turk is a dealer in cabs and horses, and a carriage builder—I do not know a man named Douglas—I have left business for the last twenty years—I have not been living exactly upon my wealth—I never do anything in horse-dealing, only for my own use—I use my horses to go to different markets—sometimes I buy a little cattle—I am not a cattle-jobber, but I buy a thing if I see a profit hanging to it, perhaps once in two years; I mean once in a month, or once in two months—they came down to me and asked me to give evidence, two or three days previous to the examination at Bow Street—I think it was Green's brother who came, I am not quite sure. MR. PATER . Q. Was your son to have left on the Friday? A. Yes; he was to have gone on the 8th, but all sailors say Friday is an unlucky day, and I said to him, "You shan't go, you shall stop till to-morrow"—I am certain of the day. COURT . Q. Was the prisoner a stranger to you? A. I never saw him before—they called him Green—I was asked to remember the man that was with us on 9th March. GEORGE GATON . I live at Wandsworth, and am a laundrymau—I have been about thirty years in the neighbourhood—I recollect seeing Green with two others on Saturday, 9th March, at Wandsworth—two others were with him—I was with Mr. Claringbow—the prisoner was there from three to past five. Cross-examined. Q. Do you know the two other persons that were with Green? A. No, I never saw them before that day—I was in their com pany upwards of two hours, we were in the Princess's drinking—a young man named White was there. FRANCIS WHITE . lam a licensed cab-driver, and live at 15, Plummer's Road, Commercial Road East—I went in a cart with Green to Wands worth on Saturday afternoon, 9th March—we left about one o'clock, and he was in my company till a little after six—we went to sell a horse, and I believe Mr. Claringbow is the gentleman to whom we went to sell it. Cross-examined. Q. Had you ever seen Green before? A. I have seen him once or twice along with Mr. Turk—I joined Mr. Turk in the Back Road, St. George's-in-the-East; Green was in the cart then—that was just outside Mr. Turk's door—we went over London Bridge, down the Borough, and across Battersea Fields—we were about five or tea minutes trying the horse, and then we all went into a public-house—two or three treats were stood—I do not know who paid for them; I did not pay for mine—I suppose we were there about an hour and a half—we got down to Wandsworth about three—they did not toss as to who should pay, but they seemed to take it in turns—we left about five—I know the Alhambra Palace—I was not there on Mr. Strange's benefit night—I do not know policeman Gordon, I never saw him before yesterday—I have been a cabman about two years. MR. PATER . Q. Are you able to say when Mr. Strange's benefit did take place? A. No—I never heard of his name. THOMAS TURK . I live at 7, St. George's Place East—I am a wheel wright, and keep a farrier's shop—I have known Green three or four years—I remember his calling upon me on a Saturday early in March in the middle of the day, and he went with me to Wandsworth—I had a horse to sell, and I went to Mr. Claringbow—I should think we got to Wandsworth between one and two—I could not swear to the date—we returned to London between five and six—he was in my company all that time. Cross-examined. Q. How long have you been a wheelwright? A. About eighteen months—I was a publican before that—I do a little horse-dealing—I am a horse-jobber—I never do any betting—I do not know Charles Batt, alias Angel—I know two brothers named Douglas—they were tried at Manchester, and I went to give evidence upon an alibi. ( MR. SLEIGH read a newspaper report of the trial. ) That is correct—they, were sentenced to penal servitude in my hearing—I do hot know that Douglas afterwards admitted the robbery—I neither heard nor read of it—I cannot say how long we were trying the horse—we went into a public* house, and I drank some ale—Mr. Claringbow took sixpennyworth of brandy and water two or three times over—I cannot tell the way we went to Wandsworth—I know we went over London Bridge, but I do not know the names of the streets—I have only been ashore about four years. THEOPHILUS REDSTALL . I am jailor at Bow Street Police-court—I had not Green in custody on remand on 2nd or 3rd April, it was the 4th—I cannot say whether it was the 10th or 17th that Willey gave his evidence—Green was first brought before Sir Thomas Henry on 28th March; he was then remanded to 4th April, then to the 10th, when he was brought up in custody with Sinking; they were both remanded to the 17th, and then committed for trial, Green being admitted to bail—Green was in the House of Detention on 2nd and 3rd April. Cross-examined. Q. Might a man be taken to the police-station before he came into your custody? A. Yes, he might be identified without my knowing it. MR. PATER . Q. Was it whilst he was in your custody that Willey came to see if he could identify him? A. He did come there—I cannot say whether it was the first or second examination. GEORGE BENTLEY . I live at 77, Wardour Street, Soho—I am barman to my father, who keeps the Intrepid Fox—I met Sinkins about one o'clock on Saturday, 9th of March, at the corner of Bird Street—I knew him by seeing him at my father's—I was with a friend—we all went down the Bayswater Road to Shepherd's Bush, and after that to Ham mersmith—we remained there till seven o'clock—from the time we left London till the time we returned Sinkins was never once out of my sight. Cross-examined. Q. Have you always lived with your father? A. Yes, always—I have been away sometimes, I have been barman elsewhere—I went of my own accord—I was not in Green's company when he was taken—I was not standing by—I swear that—I know Gordon, but I never saw him take a man into custody—I do not know a person named Cooke, of Seven Dials—I might by sight, but not by name—I do a little betting sometimes—I was barman to my father on 9th March—I can have a holiday when I like—my meeting Sinkins was accidental—we went into three or four public-houses—James Black was with us—he is not here—he left word with me last night to say he could not stay—I know this was 9th March, because I backed a horse for the Liverpool Steeple chases that week—that was run on the 5th. GREEN — GUILTY .† SINKINS — GUILTY .** Ten Year's each in Penal Servitude. 510. JOHN COYLE (19) , JOHN ARCHIBALD (22) , and THOMAS CASEY (22) , Robbery on George Morris , and stealing from his person one handkerchief and 4 s . 6 d ., his property. MR. COOPER conducted the Prosecution, and MESSRS. BESLEY and STRAIGHT the Defence. GEORGE MORRIS . I am a labourer, of 4, Romney Street, Westminster and work for Jackson and Son, contractors and builders—on Sunday, 14th April, a little after eleven p.m., I was crossing Victoria Street, and saw the three prisoners and a smaller man not in custody, at the corner of the Palace Hotel and Tothill Street—I had seen them all before at various times—I passed them, and heard mumbling voices between them, but did not discern any particular words—whilst passing on to go to Great Smith Street the man not in custody walked past me (the others walked quickly behind)—when he got about four or five yards in front of me he gave some signal—I was then just across the street into Great Smith Street, they said either "Clock" or "Click," I took it to be "Clock," and the instant after wards the taller man ( Archibald ) throttled me from behind, put his hands over my mouth, and his knees in my back, which drew my head back and rendered me powerless, whilst Casey rifled my pockets—Archibald throttled mo so tightly that I could not breathe—Coyle fixed me by the hands and left side, whilst Casey rifled my pockets—he took a florin and a half-crown and a two-bladed pocket-knife from my right-hand trousers pocket, and a handkerchief from my jacket pocket—I had sixpenny worth of halfpence in my left waistcoat pocket, but they did not find that—there was the light of the gas at the side of the road—I am positive of the three prisoners—I saw all their faces—I saw Archibald's face as soon as he let go of me—I turned instantly round and looked him full in the face, to see who the fourth was—I had seen the others—I am confident of them all—I called "Police!" at the time, having hold of Coyle—I held him till Casey and Archibald came back to his help; no police came—the other two ran away, but they returned and got Coyle from me, tripped me up, hit me on the eye, and kicked me on the side, so that I was bound to release my hold—they tripped me up on my back, and all got away—the fourth man took no further part than giving the signal, he departed there and then, and never came back—I could not take much notice of him, because I only saw him as he passed, and would not be certain of him—I went back into Victoria Street, found a policeman on duty, and described the men who had attacked me—Coyle was dressed similar to what he is now, but he had no white slop on at that time—Casey was dressed as he is now, and Archibald had a black shabby coat on, and a different cap to what he was wearing to-day in the Court—I told the policeman that Archibald had a dark suit on, instead of the jacket he is now wearing—on the next Wednesday morning Cook fetched me to he police-station, Westminster—nine persons were taken out into the yard, and I picked out Coyle directly—I passed by once—I was cautioned by the inspector to be sure to pick out the right man, not to give the wrong man into custody, and keep him there—I am quite sure Coyle is the man—I saw Casey the same afternoon in the same station-yard, and eleven more with him—I picked him out at once—I saw Archibald on the following Monday, the 22nd, in the same station-yard—there were eight more with him—I picked him out as fast as the others—I am quite sure these are the men. Cross-examined. Q. Had you ever spoken to either of the prisoners before this night? A. Not to my recollection—I have no doubt I had seen them before—I can't fix upon any particular day—the fourth man passed me, and he was four or five yards in front of me when he gave the signal word—this took place in Great Smith Street, on the right-hand side, close to Westminster Chambers—there was a lamp immediately opposite where I was throttled—it was the darkest place in the street where they tussled with me, it was before you get to the hoarding—it all happened in a very short time, three minutes was the outside—I had been into one public-house, and had some ale; I was quite sober—it might be three or four minutes before I saw a policeman—I went back into Victoria Street—I was not above eight or nine yards from the end of Victoria Street—I saw him in Victoria Street—the only word I heard distinctly uttered was by the fourth man—when I picked out the prisoners, the constable who had the casejin hand was there, but he was kept back in the station, and I went into the yard with the inspector. FREDERICK HOCK ( Policeman 312 B ). This case was placed in my hands on the Tuesday night following the Sunday—I was not the first policeman that the prosecutor spoke to—I apprehended Coyle on the Wed nesday morning at twelve o'clock—I told him the nature of the charge—he said, "So help me Christ, master, I am innocent, I do not know nothing about it"—I said, "No more don't I, but you will have a fair chance; you will have to come with me to the station now"—he was dressed as he is now—I was present when the prosecutor saw him at the station—there were eight others with him—the prosecutor went straight up to him, tapped him on the shoulder, and said, "This is the man"—I apprehended Casey the same day in Strutton Ground—I told him the charge, and like wise told him he would have a fair chance—he was placed with several other working men taken from the street as they passed the station—the prosecutor went straight up to him and picked him out, and said, "This is the man"—I took Archibald on the 22nd at Clerkenwell, in the vicinity of the House of Detention—I placed him between twelve other men—the prosecutor picked him out and said, "This is the man"—I have known the prisoners before, and have seen them together more than once—I saw them together on the Tuesday, the same day I received instructions to apprehend them—I cannot say that I saw them together on the Sunday night. Cross-examined by MR. STRAIGHT . Q. There is a public-house called the Abbey Arms, is there not, at the corner of Tothill Street? A. Yes. FRANCIS FISHLEY ( Policeman 112 B ). On Sunday night, the 14th of April, about eleven o'clock, I saw the three prisoners and another man not in custody in Tothill Street, going towards the Broadway, as I was going toward the Abbey—after they had passed me they commenced to run as fast as they could—I had known them before—they are the men—I met the prosecutor about twenty minutes or half an hour afterwards, and he made a communication to me; he said he had been robbed, and described the persons who had robbed him. Cross-examined by MR. BESLEY . Q. What time did you go on duty that night? A. At ten—it takes me about a quarter of an hour to go round my beat—I did not see the prisoners more than once that night, that was in Tothill Street—I cannot tell you how many times I went round my beat that night—I had no watch with me—the three prisoners were walking side by side—Casey was next to Coyle—I could not tell at first whether that was so, but I recollected myself a little—I knew the prisoners so well that I did not take any notice at first—I have known two of them for years—they are like a good many others who lounge about the corner of Peter Street. GEORGE PARKER ( Policeman 114 B ). On Sunday night, the 14th of April, about twelve o'clock or five minutes past, I was in Great Peter Street, and saw the three prisoners and another man not in custody, standing near the Rifle public-house, at the top of Great Peter Street—I knew them before, and have seen them together several times—I afterwards saw Coyle at the end of Catherine Court and Great Peter Street—that was about an hour later—I afterwards saw him again—Archibald was wearing a cloth cap that night, a dark jacket, and corduroy trousers—the jacket was similar to the one now worn by Casey. Cross-examined by MR. BESLEY . Q. I believe you have spoken of seeing Coyle in company with a woman at the end of Catherine Court? A. Yes, I saw him with a woman at four in the morning, at the end of Bull's Head Court—I did not say it was the same woman—this is my signature to this deposition—it was read over to me before I signed it. ( The witness's deposition, being read, stated, "I saw Coyle an hour later with a woman at the end of Catherine Court, Great Peter Street, and again at four o'clock, at Bull's Head Court, with the same woman. ") I have not sworn to day that it was not the same woman—I am not able to recognise the woman as the same, I am not able to say whether it was or was not—I do not remember that I said before the Magistrate that it was the same woman—I am not able to explain how it appears there. The following Witnesses were called for the Defence: — JOHN ARCHIBALD . I live at 50, Gardner Street, Westminster, and am a labourer—the prisoner Archibald is my, son—on Sunday night, the 14th April, he came home just at ten o'clock—I was lying awake in bed, and I heard the clock belonging to the Parliament House striking ten—I saw my son when he came up to his room—he had all his clothes ou and his candle lighted, and he blew out his candle, took off his clothes, and went to bed—he had a brown coat, corduroy trousers, and a cap—before he came up stairs he went into the parlour, and from there into the kitchen, where something was left for his supper—I did not see him then, but I heard him open the door and go in, and go into the back yard—he came back again, and came up stairs—he came into my room—I heard him speak, to his mother—his bed was in the same room as mine—I saw him get into bed—he did not go out again that night—I called him in the morning at half-past five. Cross-examined. Q. How long after he came in was it before you went to sleep? A. I lay a good while on my bed before I fell asleep, about an hour—I work in the gas-yard—it was pretty late on the Saturday night when my son came home, I should think between twelve and one—I think he was in early on the Monday night—I was asleep when he came in—I wake pretty often in the course of the night—I do not work on Sundays—I generally go to bed soon after nine—I went to bed about nine that Sunday night. MARY ARCHIBALD . I am the wife of the last witness, and mother of the prisoner—on Sunday night, the 14th, my son came in a few minutes before ten—I was in bed up stairs—he bolted the door when he came in, went into the parlour, through the parlour into the kitchen to get some supper, which I had left there for him—he was not out two hours the whole day, for he read the paper the whole day till between seven and eight o'clock—after he had his supper he came up stairs—I said to him, "John, what time is it?"—he said, "After ten o'clock"—and I said, "All well"—he undressed himself there and then, and went to bed, and when he was in bed a while, the Parliament clock struck the quarter-past ten—there was a bother in the street with two neighbours, but I never left the bed, nor did he; but his father got up and raised the window—my son sleeps very heavy and snores—I heard him snoring that night very heavily indeed—I am a bad sleeper—he never got up again till I called him at half-past five in the morning, and I had to shake him. Cross-examined. Q. What did you hear the clock strike? A. A quarter-past ten—I am right down sure of that, from the time I went to bed—I asked my son the time, and he said, "A little after ten"—the father snores as well as the son—my son was asleep before eleven. MR. STRAIGHT . Q. Do you take your time by the Westminster clock? A. Yes, we can hear it quite plain—I have lived there going on for two years—I heard the chiming a quarter-past and-half past—then there was the bother in the street, and I did not mind the clock any more—I only heard it that twice—I did not hear it strike before my son came home, but I know, by the time I went to bed, it only wanted a few minutes to ten when he came in—I went to bed before nine—I knew that by the clock in the parlour. COURT . Q. How could you tell, when the clock chimed a quarter, whether it was a quarter-past ten or a quarter past-eleven? A. I knew by my own clock—I am right down sure it was a quarter-past ten. BRIDGHT MURRAY . I am single, and live at 1, Catherine Court, Peter Street—I work as a laundress—I have known Archibald about four months—on Sunday, the 14th April, I was with him and Coyle from half-past eight till half-past nine—Coyle left me and Archibald, at the top of Strutton Ground, and bid us good night—he said, "I am going home and going to bed"—I walked with Archibald to Gardner Street, Pimlico, where he lires, and he went into his own house as the public-house clock wanted ten minutes to ten—I looked at the clock at the Hand in Hand, at the corner of Chatworth Street and Lower Gardner Street—I saw Casey that night, he was with a young woman in the Adam and Eve public-house, at the corner of Bowling Street—I was in bed that night at half, past ten. Cross-examined. Q. How long have you kept the company of Archibald? A. Four months—he is not my lover—I do not exactly keep his company, sometimes I am with him—Casey and his young woman did not join us it all that night; Coyle is not a lover of mine—we were all three together at the top of the court talking. ANN KEATING . I am the wife of Edward Keating, a stoker to the Equitable Gasworks—I live in the front parlour of Archibald's house—on Sunday, the 14th instant, he came home about ten minutes to ten, bolted the door, and came through the parlour—I was in the parlour, it is a sitting-room and bedroom—I was in bed; he asked me if his mother had left him any supper—he went into the back kitchen, took his supper, and went up stairs without much delay—I heard him latch the door of the back yard—I went to sleep about half-past twelve that night—I had a very had face-ache, which kept me awake, and there was also a bother amongst the neighbours next door—no one went out from the time Archibald went up stairs till I went to sleep—I called him on the Monday morning. Cross-examined. Q. How long did he sit at his supper? A. Not long, I dare say between seven and eight minutes. JURY . Q. Is the house door always left open till he comes in? A. It is latched, it is not bolted, he could let himself in by pushing the door—no one but those who know the house could do so—he bolted the front door when he came in. ELIZA DUCKLOW . I live at 33, St. Ann's Street, and look after a lodging-house there—on Sunday night, the 14th April, I was in the Adam and Eve public-house with Casey, from seven in the evening till eleven at night, when the house closed—I did not see Bridget Murray—I left Casey about half-past twelve, or from that to one o'clock—I was with him all the eveuing—I saw him home, he was not in the company of any other men that evening—there were men in front of the bar, but not with him. Cross-examined. Q. Have you kept his company long? A. Yes, about four years—he is my lover, we often go out together of an evening—I heard he was charged with a robbery, and I knew he was with me, so I came to speak the truth, no one asked me to come. COURT . Q. When were you with him from eleven till one, were you going home? A. It took us two hours, we walked very slowly, it is about a quarter of an hour's walk from the Adam and Eve to his house—I go with him every Sunday evening. MATILDA LAWRENCE . I live at Snow's Rents, North Street, West-minster—I help my mother at needlework—I know Coyle—I was with him on Sunday night, the 14th April—I first saw him at the top of Strutton Ground between nine and eleven o'clock, and remained talking to him about five minutes, no one was with him—I saw him knock a bundle of wood off his sister's head in Strutton Ground, as he was going home—I saw him go down the court where his house is—I did not see him go in doors—I did not see him again that night—I was at the Adam and Eve that night, and saw Ducklow there, and Casey—he gave me a glass of stout, that was about a quarter to nine—it was after that I saw Coyle. Cross-examined. Q. Were you and Coyle and his girl all together that evening? A. No, I did not see Archibald that night—I know all these men quite well; they have always been friends, not great friends—they are sociable together—I have generally seen them together. MARGARET DOWNEY . I am the wife of Patrick Downey, a coal whipper, of Artillery Square, Westminster—I know Coyle—he has lived next door to me for ten years—on Sunday, 14th April, between nine and eleven o'clock, I saw him going into his house with his little sister—she had a bundle of wood on her head, and he took it and chucked it at my doorss. JOHN COYLE . I am the father of the prisoner—I am a mason's labourer, and live at 4, Artillery Square—on Sunday, 14th April, between nine and ten o'clock, my son came home and had his supper—he went to bed about a quarter-past ten—I went to bed about twenty minutes afterwards—my little girl came in before her brother, with a bundle of wood on her head, and another under her arm, and for a joke he put his finger to the bundle and tipped it off her head—she turned round and said, "What did you do that for?" and he smiled and went in doors. BRIDGET COYLE . I am eleven years old—on Sunday, 14th April, between nine and ten o'clock, I was going home with two bundles of wood, one under my arm and one on my head—I saw my brother go to bed that night—he got up at ten on Monday morning. CATHERINE COYLE . I am the prisoner's mother—on Sunday, 14th April, he came in between nine and fen o'clock at night, sat down to his supper, and was in bed by half-past ten. COYLE — GUILTY .*— Confined Eighteen Months. CASEY and ARCHIBALD — GUILTY .— Confined Twelve Months each . 511. HENRY WOLD (21) , Stealing a purse and 18 s . of Catherine Butler , from her person. MR. DALY conducted the Prosecution. CATHERINE BUTLER . I live with my parents, at 3, Eagle Court, Strand—on 23rd April, Easter Monday, I was riding on a donkey on Blackheath Common—Sarah Lee, a young girl, was with me on another donkey—I had a paper wreath on my head, which blew off—the prisoner picked it up and brought it back to me—he was not driving the donkey, but he was on the other side of it—he came close to my side, but I did not see or feel him do anything—I felt in my pocket and missed my purse, with 18 s . and a railway ticket in it; it was my money and another girl's put together—I jumped off the donkey and ran after the prisoner, calling "Stop thief!"—I did not lose sight of him—a gentleman stopped him—I am sure he is the man—I have not seen my purse since. SARAH LEE . I am fourteen years old, and live with my parents—I was with the last witness on Easter Monday, and saw her drop a wreath off her head—the prisoner picked it up, put it on her head withhis left hand, and took her purse out of her pocket with his right—I called out,"Stop that man, Kate, he has got your purse"—he began to run—I got off my donkey—he was stopped and given in custody. JAMES WILLIAM BUTTS . I live at 1, Manor Grove, Old Kent Road, and am a watchmaker—I was on Blackheath, and saw the prisoner running, and a little girl running after him, calling "Stop him, he lias got my purse"—my friend and I followed him considerably over a mile—I only lost sight of him for an instant in turning a corner in the lane; and he was still running when I turned the corner—there was nobody else in the lane—I caught him and gave him in charge—he asked me what I wanted him for—I said, "Wait a moment, till the girls come; they say you have got their purse"—he threatened to punch my head, and said he never sav hem before. HENRY HARRIS ( Policeman 81 R ). The prisoner was given into custody—I asked him if he had seen the girls; he said, "No"—I searched him at the station and found 2 s . 2 1/2 d . on him, but no purse. Prisoner's Defence. A lady and gentleman said that somebody wu coming after me, and I ran. I afterwards stopped, and the witnesses came and said I had taken the girl's purse. I said, "I have not; you may search me; all I have got is 2 s . 2 1/2 d ." GUILTY .*— Confined Nine Months . 512. FREDERICK CARDIGAN (23) ( a soldier ), Stealing 322 candle and 42lbs. soap, the property our Lady the Queen , his mistress. MESSRS. POLAND and BESLEY conducted the Prosecution, and MR. RIBTON the Defence. JOHN RANDELL ( Dockyard Constable ). I am on duty at Woolwid Arsenal—I know Fair, a labourer in the Arsenal, working in the store department, where the candles and soap are dealt with—he has recently been working at the place where the candles are packed—on labourers leaving the Arsenal, a policeman stands at the gate to touch them, and they are seached in the lobby as they leave work—the prisoner belongs to the working corps attached to the Arsenal—it was his duty to mark the cases sent out from the place where the candles were—that was the same place where Farr was working—the prisoner was provided with a military cloak—he would not be liable to be searched, nor would persons going in and out at that particular part—I know Farr personally—on Sunday morning, 7th April, I was at the Woolwich Arsenal Railway station about ten o'clock, and saw Sarah Cathway carrying a parcel to the down train for Gravesend—I examined her parcel, it contained sixteen paraffin candles—I went to her brother-in-law, Farr, at 32, Waterman's Fields, Woolwich—I knew that he lived there—I saw him and his wife there—I searched their premises and found 205 stearine candles, 25 1/2 lbs. of soap, and other articles—Farr is not a prisoner now—he went with me to 2, Walpole Place, Wool wich, which is about twenty yards from Waterman's Fields—the prisoner occupied the second floor there; he came in while I was there—the land lord lives there, but not in that room—he is married, I saw his wife on the first floor—the second floor front is occupied by the prisoner and his wife—I found two boxes, one over the other, placed as a table, with a covering over them—I removed the top box and found a box underneath containing caudles and soap very neatly packed away, under which were two large parcels of brown paper containing 133 stearine candles, 103 moulds, 88 paraffin, and 42lb. soap ( produced ); the stearine and mould candles and soap found at Farr's were the same quality as those found at the prisoner's—the pri soner came into the room, and I said,"I have found these candles and soap in your room, I have also found a great quantity at Farr's house; he states that you brought them out of the Arsenal and gave them to him; how do you account for those which were found in your room?" (Farr was present)—the prisoner said, "Oh! I can account for this"—I said, "I think there has been a System of robbery carried on for a long time in stealing these from the Arsenal; I am a police officer, you must consider yourself in my custody, you will go with me to the Arsenal"—he said, "Very well," but in the confusion of moving the boxes of stores a great number of people assembled and the prisoner ran away—I kept Farr in custody, took him before a Magistrate, and he pleaded guilty—I tried to find the prisoner from Sunday up to Tuesday morning—I went back to the place where he lived with his wife, but could not see him; I also sent other people there—he was not in the Arsenal, and was returned as a deserter from his regiment—on the Tuesday I traced him to 93, Upper John Street, Clerken-well, where I found him in bed about eight a.m.; I said, "I have got you at last; why did you make your escape? you had better have stopped and, defended your case in the best way you could"—he said, "You came so quick upon me, I wanted time to consider; in fact, I should hare been out at the window now, if I had had half a chance, before you got me; I decline answering any further questions, because I know you will use it in evidence against me"—I took him in custody and brought him to Wool wich—he said, at his house, when Farr was there, that he had had these candles and soap some two or three years ago. Cross-examined. Q. Is there any mark on the soap? A. Only the contractor's mark—that would be on all the soap he makes—there is no original mark that I am aware of. COURT . Q. When you say contractors, do you mean "makers?" A. Yes—I am given to understand that the contractors are the makers. THOMAS POPE . I have charge of the stores in the Royal Arsenal, Woolwich, where Farr and the prisoner worked—candles and soap of precisely the same description as these were in the stores—soap is missing, but I cannot exactly say the quantity—the candles were being packed for abroad—53,0001b. of stearine and mould candles have been sent in since September—stearine candles are not a modern manufacture, they have been I in some years; paraffin candles are rather more modern, but they have been in some few years—this soap is marked "Hearns's Soap Works"—Mr. Hearns is our contractor, and I believe he is the manufacturer also—I took stock at the commencement of October, knowing that I had a large quantity coming in, and once or twice since—since this occurrence I have taken stock again and find no deficiency, because I reckoned that the full amount of candles have gone abroad—that does not apply to the soap—there is a deficiency of seventy or eighty pounds in the soap—Farr and the prisoner worked in other stores besides mine—the prisoner was a marker in the same store. Cross-examined. Q. Have you really missed any? A. I have said that I missed no candles; I cannot say whether any have been taken, as the time has not arrived to receive reports from foreign stations—I cannot state the quantity of soap missing, because it will loose weight—this piece ( produced ) would weigh about one pound—it is half a bar; and this is a bar which weighed about three pounds originally—I dare say it is six ounces deficient now—this piece was originally the same size. MR. BESLET . Q. How many pounds of candles do you suppose you sent abroad? A. 53,990lb. JOHN FARR . I live at 32, Waterman's Fields, Woolwich, and was a labourer in Woolwich Arsenal—I was convicted on 23rd April and im prisoned—I have undergone my sentence—I was engaged in packing candles in the store which is under Pope's superintendance—I know the prisoner—he brought me the candles which were found at my house—he wore the same dress that he has on at present ( The regimental dress ), and sometimes he had his military cloak, and sometimes a cape—he has brought the soap and candles tied up in a brown paper pareel—it was impossible for me to take soap and candles out of the Arsenal, because I was very closely searched—he said, when we had been packing them some time, that he should like to have some of those candles—I said, "You had better not have anything to do with them"—he said that he could get them out quite safe, there would be nothing to fear about it—he did not say anything more at that time, but he commenced bringing them out, and he brought some to my house—I have seen him take the candles which were in the store two or three different times from the cases which we were packing from for foreign service, not the cases which we were packing up—I never saw him take any soap, but he brought soap to my place—he has been to my place a dozen times—he commenced about November, when we commenced candle-packing—I did not give him any money for the things he brought to my place—he had nothing to do with screwing up the cases—when he brought the candles somebody was generally present, so nothing passed—towards the last I wished him not to bring any more, for I felt sure we should get into trouble—the packages were screwed down by a carpenter with a brace, which was left in the store after the carpenter was gone—the cases were left there till they were shipped. Cross-examined. Q. Did the soap remain at your place without being diminished in quantity? A. I had nothing to do with it; it was put away in a box in the room—people were generally present when the prisoner came—West and Curran used to be there—I have known the prisoner five or six months—he did not screw up the boxes, the carpenter did that with eight screws—I saw him do it—the lids of the boxes were loose before he screwed them up—four of us would be present while he was screwing—the room was lighted by gas at night—they were screwed at night as well. MR. BESLEY . Q. What was the prisoner's duty? A. To mark them after they were screwed—you can draw out screws with the carpenter's brace. SARAH FARR . I am the wife of the last witness—the prisoner has been at our house several times when my husband has been out of an evening, and brought candles and soap, which were found at our house—he sometimes wore his military cloak and sometimes his cape—he took the parcels from under his cloak when he delivered them to me—I once said that I did not want them; he said, "Take them; they will be a good help to you; I can bring them out quite safe; I am not searched"—Curran and West both lodge with me, and the prisoner generally came just after six, when they were getting their tea, and he would say, "Here is something to show your husband," or "Here is a parcel for your husband." Cross-examined. Q. Was your husband imprisoned for this? A. Yes, for a fortnight—his imprisonment expired a fortnight to-day—he paid the fine. MR. KIBTON to J. FARR . Q. Were you sentenced to be imprisoned for a fortnight? A. Yes—I was examined before a Magistrate on 23rd April—I consented to give evidence against the prisoner this day fortnight in the Court—the inspector proposed it—he said that he wished me to do so—that was after I was sentenced and after I was liberated—I did not plead guilty before the Magistrate—I was charged with unlawful possession, not with stealing—I got a fortnight—I was remanded—before I got the fort night I was not asked to give evidence against Cardigan—I suffered in prison for a fortnight, and was fined in addition—the sentence of imprison ment was changed to a fine, and I did not serve the fortnight's imprison ment—the sentence was not changed to a fine as soon as I was asked to give evidence against Cardigan—I was sentenced to a fortnight's imprison ment, but at the first onset I never had any hearing—I was remanded till they could apprehend Cardigan—I was not sentenced to a fortnight's im prisonment—I was only remanded, and when I came up again I paid the fine, which was 40 s .—it was not before I was fined that I told the inspector I would state what I knew about Cardigan—I was not compelled to do it—the inspector did not propopose to me to give evidence, but I understood that I was compelled to do it—the inspector told me I was to come tip as a ft witness against Cardigan; that was after I was fined and liberated—I had paid the fine the game afternoon—my wife got the money from a friend. MR. BESLEY . Q. Was any inducement held out to you to give evidence? A. Not at all—I was taken on 7th April—I saw Carnelly, the inspector, that day, and had a conversation with him, in which I mentioned Cardi gan's name—he knew it on 7th April. THOMAS JENNING CARNELLY . I am inspector of Woolwich Arsenal Police—on 7th April, when Farr was in custody, I brought him from the Arsenal to the police-station, and he made a statement to me—I held out no inducement or threats to him, neither did I caution him—he mentioned Cardigan's name—he was remanded until Cardigan was in custody. JOHN CURRAN . I am a fishmonger's assistant—from September till some time in January I lodged at Farr's house—It is eight weeks since I left—I have seen the prisoner come there once or twice with a parcel when I have been at tea—he sometimes said that he had something for the rabbits, and sometimes that he had something for Mr. Farr to look at—the cover of the parcel was brown paper—I only saw it once—I do not know whether he wore anything over his dress—I used to sit with my back to the fire—he did not stay above a minute or two—he always went through into the back place. CHARLES WEST . I am employed in Woolwich Arsenal, and have lived in Farr's house this year—I have seen the prisoner there several times—he has brought brown paper parcels, which he gave to Farr—I have not heard him say anything about them—I was absent from the house ten hours a day—I used to knock off work at six o'clock, and used to sit there from six till ten, unless I went out, which I very seldom did, being so tired. THOMAS TAYLOR . I am the head man under Mr. Pope, and had charge of the store where Farr and Cardigan worked. Cross-examined. Q. Used the carpenter to screw down the cases and leave his brace there? A. Yes, any of the men had an opportunity of taking soap out without my seeing them—the carpenter is not here—the men who remained could not take soap out when there were a lot of them together. MR. BESLEY . Q. After the screws had been drawn, could they be put in again? A. Yes, with the same tool—there were stacks of wood about in the stores, so that the men could not see one another sometimes. GUILTY .— Confined Twelve Months . 513. SARAH ANN FORD (41) , Stealing two yards of silk, of Henry Sharp and another. MR. LANGFORD conducted the Prosecution, and MR. DALY the Defence. HENRY REED . I am salesman to Messrs. Henry and Alfred Sharp, of High Street, Deptford, clothiers—about 7.30 on 15th April the prisoner came in and asked if I had got a pieco of silk for sale—I placed two lengths on the counter, one eleven yards, and the other two and a quarter yards long—she looked at them, and said they were not the sort she had sen a pattern of, which a friend of hers had obtained from our shop—I showed her another piece, a longer length—she looked at that four or five minutes, and then asked me to give her a small piece of it as a pattern to take away, which I did—I put that roll back in the drawer, and then I missed the piece containing two and a quarter yards—I looked about for it, but could not find it—I had attended to another customer who wanted a coat for her husband, but when I left to do that the silk was lying on the counter—I looked among the coats the woman had been looking at, but could not see the silk—I said to the prisoner, "Did you observe two pieces of silk when I first showed you them?"—she said, "Oh!'dear, no, I only saw one"—I said, "I am certain there were two pieces, one was a small piece"—she then said she wished to buy a pair of boots—I called the boy to get her three or four pairs, and she choosed a pair—she had on a large long cloak, and she kept her left arm close down—I asked her to try on the boots, but she would not—I said, "It would be more satisfactory if you were to see them on"—she said she was certain they would do, but if not, would I change them for another pair? and I said I would—I had an object in asking her to try them on—she paid for the boots, and was about to take them off the counter—I said, "I do not feel satisfied about this silk"—she said, "Per haps it may be among the coats"—I said, "I will take them up one by one," which I did, and shook them—she took up one coat with her right hand—I asked the boy to look on the floor where the prisoner was standing, but he could not see the silk—she was about going, and I said, "Would you have any objection to step into the parlour? Mr. Sharp is there"—she did not hesitate at all, but said, "Oh! yes," and walked down towards the parlour—when near the parlour door I saw her left arm rise, I looked, and there was the piece of silk I had shown her in the first instance on a box—the box was about eight yards from where the prisoner had looked at the silk—I took the silk up and said, "I am rather surprised; I did not think you would do such a thing, you being dressed respectably, and from your manner"—she said, "It must have caught by a pin, and then dropped"—she implored of me to let her go for the sake of her family, and offered to go on her knees—I spoke to Mr. Sharp, and sent for a constable—this is the piece of silk ( produced ). Cross-examined. Q. Was she not dreadfully frightened and agitated? A. No—I do not think she was—perhaps she was not quite so cool as I am now—she said it was the first time, and hoped and prayed to God I would not take any notice of it, but let her go—my deposition before the Magistrate was read over to me, and I signed it—I did not notice any omission in it— I was on her right side when I saw her left arm move—I could not see the silk drop, because her cloak reached nearly to the ground—the box was close to her—I should say the cloak was lower than the top of the box—the box was about a foot and a half high, and then there was a parcel on that containing a good many things. MR. LANGFORD . Q. It did not occupy more than an instant? A. No—I had no idea what she was going to do. JOHN HARDSLEY ( Policeman 251 R ). I was called into Mr. Sharp's shop on the evening of 15th April—the last witness told me she had stolen a piece of silk, and Mr. Sharp gave her into custody—she begged and prayed of him not to do so, but he said he could not look over it—I took her to the station—she told me it might have caught by a pin, and that was the only way she could account for it—she opened her cloak, but I could not see a pin about her. HENRY REED ( re-examined ). The boy is not here—I did not leave the counter until I went to serve the other woman—the boy could not have moved the silk. The prisoner received a good character. NOT GUILTY . Before Mr. Recorder. 514. HENRY STEDMAN (19) , Stealing one handkerchief from the person of a man unknown. MR. HORRY conducted the Prosecution. AMBROSE SUTTON ( Policeman 422 A ). On Easter Monday evening, about 7.45, I was on duty at Greenwich Railway Station and saw the pri soner there in the crowd which was pushing towards the platform—I was close to his side, and saw him draw a handkerchief from a gentleman's right-hand pocket—I was behind him and tried to take him, but the doors opened and the crush forced me away from him—I made towards him, and as I got near him John Phillips had hold of him—I did not see the gentleman afterwards—I searched the prisoner in the telegraph office, and found four cotton pocket-handkerchiefs—two were in his left-hand trousers pocket, one under his left arm, and one in his right trousers pocket; also a pocket-book, a tobacco pouch with 2 s . 0 3/4 d . in it, and a small brush—I told him I should take him in charge for stealing the handkerchiefs—he said, "Oh! they are not mine." Prisoner. Q. On which side of the man was I? A. On his left, and your left side was to him—you used your right hand. JOHN PHILLIPS . I am a leather dresser, of 4, Little George Street, Bermondsey—on Easter Monday, about half-past eight, I was at the Greenwich Railway Station—there was a great crowd, and, from something which occurred, I took hold of the prisoner and gave him to the officer for attempting to steal my watch. The Prisoner's Statement before the Magistrate: —"I picked a bundle up in Greenwich Park. It contained silk handkerchiefs and three cotton hand kerchiefs, one of which wrapped up the bundle. The pocket-book was also in the bundle." Prisoner's Defence. I picked the bundle up in the park, and the dirtiest of those handkerchiefs was round it. Some girls kicked it along. When I was at the station Mr. Phillips said I struck him, and gave me in charge for attempting to steal his watch. GUILTY .**— Confined Eighteen Months . 515. HENRY ILSLEY (21) , Stealing an ass, the property of William French . MR. F. H. LEWIS conducted the Prosecution. JAMES HOCKING ( Policeman A 495). I was on duty about twelve o'clock on 25th April in New Cross Road, Deptford, and saw the prisoner with a donkey, going towards London from Greenwich—I stopped him and asked where he had got the donkey from—he said he had bought it of a farmer named Johnson, at Footscray—I said I should take him to the station, as I was not satisfied with his account—on the way he said he had bought it of a man, he did not know who, for 16 s . and a pot of beer—as I was going to take him into custody he ran away towards London, the donkey ran towards Blackheath—I afterwards took the donkey into cus tody, and found the owner, who recognised it. WILLIAM FRENCH . I am a postmaster at Greenwich—I left my donkey to graze at Blackheath, I saw it there at seven o'clock on the evening of the 25th March—I do not know the prisoner, I did not give him any per mission to take away my donkey—it was worth 2 l .—I next saw it on the Saturday at the greenyard in the possession of the police, and recog nised it as mine. Prisoner's Defence. I was coming from Bexley Heath, and saw the don key by the side of the road, and thought I could lead him to Blackheath. GUILTY . He also pleaded guilty to a previous conviction, in March, 1866.— Confined Eighteen Months . 516. FREDERICK HEINZ (37) PLEADED GUILTY to embezzling 7 s . 6 d . and 1 s . 10 1/2 d ., of George Salter , his master.— Confined Twelve Months . 517. GEORGE MEAKING (35) was indicted for unlawfully and indecently assaulting Mary Ann Lane . MR. R. N. PHILLIPS conducted the Prosecution, and MR. COOPER the Defence. The Jury in this case were unable to agree and were discharged without giving a verdict. The defendant was subsequentlg tried before another Jury and acquitted. 518. WILLIAM RICHARD PEDLEY (42) PLEADED GUILTY to bigamy.— Confined Eighteen Months . 519. MICHAEL COLLINS (30) , Robbery on Louis de St. Jean , and stealing 12 s ., his property. MR. WOOD conducted the Prosecution. LOUIS DE ST. JEAN . I am a drawing master, of Great Union Street, Borough—one night last month, at twelve o'clock, I was in some street in the Borough—the prisoner and another man came up to me and asked me for some money, as they were poor and had a large family; I took out my purse and gave them 1 s . 6 d .; they asked me to come on that side, and then knocked me down and robbed me of all my money, about 12 s ., and the key of my door—I cried, "Police!" and they tried to escape, but I went to the station with the prisoner—I was quite near enough to him to know him well. Prisoner. Q. You were fighting with two men under the railway arch? A. No—I was alone—you did not take my part—you did not pick me up, nor did I turn round and hit you on the mouth. HENRY POLE ( Policeman 59 M ). I heard cries of "Police!" and went down King Street, Borough, where I saw the prisoner with his left hand holding the prosecutor's neck, and his right by his side either in his pocket or outside—he was decidedly not helping the prosecutor, but he said he was assisting him up from the ground; the prosecutor said that he had robbed him—one man ran away, but I did not see him begin to run—the prosecutor was quite sober—I searched the place where the scuffle was, and found sixpence on the ground—the prisoner tried to get away from me. Prisoner. I did not, I never moved from the spot. The prisoner's statement before the Magistrate was that he saw the pro secutor knocked down, went to his assistance, and was given in charge. Prisoner's Defence. He was half tipsy and did not know what he was doing. The policeman has put him up to say here what he did not say to the Magistrate. I have worked twelve or fourteen years at the water-side, and no one can charge me with a ha'porth of thievery. GUILTY . He was further charged with having been before convicted. RICHARD KEMP . I am warder of the House of Correction, Wandsworth—I produce a certificate. ( Read:—Wandsworth Police-court—Michael Col lins, convicted on his own confession, December, 1863, of stealing a watch.— Confined Three Months. ) I had him in custody—the prisoner is the man. GUILTY .**— Confined Eighteen Months . Before Mr. Common Serjeant. 520. DANIEL HUGHES (25) PLEADED GUILTY to unlawfully utter ing counterfeit coin.— Confined Fifteen Months . 521. WILLIAM PONSFORD (24) , to unlawfully having in his possession 181 counterfeit coins, with intent to utter them.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.] 522. HENRY SMITH (34) , Unlawfully uttering counterfeit coin. MR. O'CONNELL conducted the Prosecution. ANN BURKES . I am barmaid at the New Bridge Hotel, Westminster Bridge Road—on 12th March, between eight and nine in the evening, the prisoner came for a glass of ale, which came to 1 1/2 d .—he gave me a bad shilling—I gave it to my master—the prisoner then gave me a good shilling, and I gave him the change. CHARLES SPENCER CROWDER . I am landlord of the New Bridge Hotel—I received a bad shilling from the last witness—I asked the pri soner where he got it, and whether he had any more—he made no answer, and I gave him in charge with the shilling. Prisoner. Q. Did I make any attempt to go? A. You had no oppor tunity, because I got over the counter so quick. GEORGE BOWEN ( Policeman 3 L ). Mr. Crowder gave the prisoner into my custody with this shilling ( produced )—I found 10 1/2 d . on him—he gave his name Eugene Clifford—he was taken before the Magistrate the following day and discharged. JOSEPH KING . I am assistant to Mr. Gillespie, grocer, of Blackman Street, Borough—on 2nd April, about nine in the evening, the prisoner gave me a bad florin for two ounces of ten, which came to 6 d .—I looked him in the face, and he offered me a good one before I said any thing—he was given in custody with the coin. Prisoner. Q. How did you know it was bad? A. By biting it, and by the sound—I did not bend it. SAMUEL GILLESPIE . I am a grocer, of Blackman Street—on 2nd April King showed me a florin in the prisoner's presence—he went outside the door when Xing sent for a constable, but came back and was given in custody—I showed him the bad florin before he gave the good one. Prisoner. When I saw you were determined to lock me up, I said I would go and fetch a constable. Witness. You did not; you did go out side—I believe you could have escaped if you wished. MR. POLAND . Q. When he went out for a minute or so, who was in the shop? A. My two assistants, the porter, and myself—Mitchell had gone for a constable then. JOHN OXFORD ( Policeman 173 M ). The prisoner was given in my cus tody at Mr. Gillespie's—I took this bad florin from the counter in his pre sence—I searched him, but only found a tobacco pouch—he gave his name Henry Smith. Prisoner. Q. Did you find a good florin on me? A. No, but I re ceived it from somebody—you applied to the Magistrate for it and received it—I went to the house where you lived the same night, after you were in custody—I did not go on any other occasion—I did not hear whether you had been in America lately. WILLIAM WEBSTER . This shilling and florin are both bad. The prisoner called Martha Smith, who did not appear. Prisoner's Defence. In June, 1857, I went to America. Since then I have only been in England for three weeks. I was there five years, During that time I never handled a pound's worth of English silver or gold, and am a very poor judge of money. I got half a crown from my sister at Notting Hill, and received a florin from an omnibus conductor in change. I did not think I was getting bad money. I called for a glass of ale, and unfortunately gave a bad shilling. I then laid a good shilling down. The gentleman tries to make out that I had the tenpence-halfpenny at the time I gave the bad shilling, but the evidence shows that it was not so. With regard to the second case, I received 5 s . 6 d . for work, two florins, a shilling, and a sixpence, one of which florins turns out to be bad. I told the Magistrate that I required the attendance of witnesses. COURT to GEORGE BOWEN . Q. Did the prisoner request some wit nesses to be sent for? A. Yes, and the Magistrate said he did not think it was equired. NOT GUILTY . 523. ELIZABETH HAYNES (27) was indicted for a like offence. MESSRS. POLAND and O'CONNELL conducted the Prosecution. ELLEN HURLEY . I was thirteen years old yesterday, and live with my parents in William Street, Blackfriars Road—on 17th April I was in Charles Street, near my home, and the prisoner asked me if I would fetch her half a quartern of gin across the road—she gave me a shilling and a small bottle—I went over to the Coachmakers' Arms and went into the house—I then looked at the shilling, and thought it was bad—I asked for the gin and gave the shilling—I am sure I gave the same shilling the prisoner gave me—I had two more shillings in my left hand, but the shil ling I got from the prisoner was in my right hand—the landlady looked at the shilling and gave it back to me, and the change and the gin—a person named Brazier was in the shop—I went out and met the prisoner near the public-house—I said, "Here is your gin and your change"—I put the change on her shawl, which was over her hand, but she did not take the gin, as Mr. Brazier came and touched her, and then she said, "My dear, it is not me; you have made a mistake"—I said, "No, ma'am, I have not"—she had a large bottle in her other band—I had noticed that when she gave me the shilling and the little bottle—she was taken back to Mr. French's. Prisoner. Q. Did not I say, "You have made a mistake, my girl, it is not me," and did not you say, "There is no other woman standing in the street, therefore it must be you?" A. Yes; when I saw the large bottle I was certain it was you—I am sure you are the woman. EDWARD BRAZIER . I am a carpenter, of 21, St. John Street, Smith-field Bars—on 17th April I was in the Coachmakers Anns, and saw the little girl served with some gin—I said something, and went out into the street before her, and walked slowly on the pavement, and saw her come out and go up to the prisoner, who was very close to the public-house door—she said, "There is your change"—I tapped her on the shoulder, and then she said to the child, "You have made a mistake"—the girl said, "No, I have not"—she was tpken to the public-house—Mrs. French took, the money from her, and I fetched a policeman. MARY ANN FRENCH . I am the wife of Philip French, who keeps the Coachmakers' Arms—on 17th April the little girl asked me for half a quartern of gin, and produced a bottle and a shilling, which I found was bad, but gave her the change and the gin—I spoke to Brazier, who went out—I followed the girl out, and saw the prisoner, who had then come across the road and got to the next door—I went up to her and took the change from her, which was on her shawl, on her hand—she came back voluntarily—I gave the shilling to the constable. ROBERT CHANTRY . I was a policeman—on 17th April Mrs. French gave the prisoner into my custody with this shilling and a bottle of gin and 9 d . WILLIAM WEBSTER . This is a bad shilling. Prisoner's Defence. I was coming home from the hospital, where I had left my little boy. This girl came up to me and said, "Your change; you gave me a shilling to go for a quartern of gin." I said, "You have made a mistake." She said, "There is no other woman in the street but you, and it must be you." Mrs. French gave me in custody. I had never seen the child till she approached me with the change. COURT to EDWARD BRAZIER . Q. Did you see the prisoner before the child came out? A. Yes, she crossed towards the public-house; the child came out, went straight up to her, and gave her the change—she looked across the road first, but turned round and saw her close to her—she went to meet the child as she came out of the public-house. GUILTY .*— Confined Nine Months . 524. DAVID NUNN (54) , Feloniously uttering counterfeit coin. MESSRS. POLAND and O'CONNELL conducted the Prosecution, and MR. DALY the Defence. ELIZABETH BAKER . I am twelve years old, and live with my mother at the Three Horseshoes beer-house, Prince's Street, Lambeth—on Monday, 1st April, between one and two o'clock, the prisoner came in for a half-screw of tobacco, which came to a halfpenny—he gave me a half-crown—I put it in a cupboard where there were only sixpences and shillings, and locked the cupboard—I gave him his change and he left—on the same day I saw my mother take out that half-crown—I was in the bar from the time I put it in the cupboard till she took it out—I saw other money put into the cupboard, but no other half-crowns—my mother sent me with it to the John Bull to get some spirits between four and five o'clock—the barmaid there put it in her mouth and said that it was bad—I took it back and gave it to my mother—on the following Saturday the prisoner came again, and I told my grandmother. Cross-examined. Q. How many persons were there? A. One—I had just served a man with a glass of ale, for which he had paid me with a penny—the prisoner did not drink anything—he did not remain many minutes—I knew him again by his voice when he came on the 6th—he was taken then—ray grandmother told him that the shilling was bad, and he said he was innocent—he offered a good shilling—he did not have a gallon of ale with some friends after he was told that the shilling was bad—he was in the house a good while—he did not know that I had gone for a policeman. MR. POLAND . Q. Did you take more than one half-crown on the Monday? A. No. JANE BAKER . I keep the Three Horseshoes beer-house, Prince's Street, Lambeth—on 1st April, between four and five o'clock, I went to a cupboard in the bar—I found a half-crown, some sixpences, and shillings—I gave that half-crown to my little girl to get some spirits—she shortly afterwards brought it back, and I noticed that it was bad—I wrapped it up in paper, and on Thursday gave it to my sister, Ann Underwood—I afterwards received it from Charles Underwood, and gave it to my mother-in-law, Maria Baker—there is a slight mark on it by which I know it—I did not see the prisoner, but I heard him ask the girl for the tobacco, and I said, "We do not make half-screws." Cross-examined. Q. What occurred about the shilling? A. My mother went in to the prisoner to serve him with a glass of porter—I said, "Mother, that is the man who brought the half-crown; it was a rank bad one, I dare say"—she went into the bar, and I said, "That is the man; he has been here before"—he said that he had never been there—he offered another half-crown for the one he had given my little girl on Monday—that was because I threatened to lock him up—there were seven or eight persons in the tap-room, but they all came out as soon as they heard the noise—the girl said, "That is the man with the black coat"—he stopped there nearly an hour—they had a gallon of ale, and he helped to drink it. ANN UNDERWOOD . I am the wife of Charles Underwood, and the sister of the last witness—on Thursday, 4th April, I received a coin from her wrapped up in paper—I put it in my pocket, and afterwards gave it to my husband. CHARLES UNDERWOOD . I am the husband of the last witness—I received half a crown from her, which I gave to Mrs. Baker. MARIA BAKER . I live at Thurston Cottages, Clapham—on 1st April I was staying at the Three Horseshoes—I saw the prisoner there, I am sure of him, I saw the little girl serve him—he came to the bar again on 6th April, about seven in the evening—I served him with a glass of porter, which came to a penny, and hegave me a shilling—I took it into the kitchen to the little girl, and said, "Here is the man who brought the bad half-crown"—she went out for a policeman—I gave the shilling to Mr. Brown— on 9th April I gave the half-crown to Mrs. Baker, and a day or two afterwards I gave the shilling to the constable. Cross-examined. Q. Was the child serving alone? A. Yes; I was in the kitchen, and came out to see what it was; the child said, "That is the man, grandmother"—she knew him by his voice and his looks—I was positive it was him before I saw the child—I had never seen him before to notice him—he remained a minute on the Monday. WILLIAM BROWN . I am a painter, of 90, Stephen Street, Wandsworth Road—I was in this house on the Saturday night; the last witness showed me a shilling—I put it to my teeth and found that it was bad, the prisoner was there—I said, "Well, old fellow, you are just the fellow I am looking for; you came last Monday, and passed a bad half-crown on the child, and now you come again to-night and bring another bad shilling; you vagabond!"—I showed him the shilling, he said that he did not know that it was bad—he threw down another to pay for the porter, and held out his hand for the bad shilling—I said, "Oh! no, my dear fellow, you don't have that any more"—the landlady gave him the change for the good one, he afterwards threw half a crown on the counter, and said that he would sooner give half a crown—the half-crown was picked up by one of the bystanders, who agreed that it should be spent, and some ale was called for and partaken of by all in front of the bar—the prisoner remained there all the time—the prisoner said, "I wish you a very good night; I suppose it is all right now"—I said, "No, my good fellow, you do not go like that; there will be some friend of yours here presently, who perhaps you may like to see," and he went with some of the others into the tap-room—I went to the bar-door, thinking he was going out that way, and stood in front of the doorway—he said, "I am a respectable man; it will bring a great deal of disgrace on me; I will give half a crown for it, as you say I passed it, and stand some more beer"—I said, "I don't know anything about what you will do, or about paying any of your money"—Mrs. Baker insisted that he should be locked up—I gave the shilling to Mrs. Baker, who gave it to the policeman, who gave it to me, and I marked it. JAMES DETHERIDGE . I am a labourer, of Wickham Street, Lambeth—on 1st April, between one and two, I was at the Three Horseshoes, and saw the little girl serve the prisoner with a glass of porter and a screw of to bacco—I am certain he is the man—he gave her a half-crown—I saw the prisoner again on Saturday—I was shown a bad shilling—I stood at the door and recognised the man who passed the half-crown on the Monday—I went and stood behind him—he gave a shilling—they detected it, and he said he was a respectable shoemaker, and had been taking his work to the shop, and never was in the habit of passing bad money—he turned round to go out—I said, "No, you do not go till the mistress likes to let you go," and she locked him up—I am confident he is the same man. Cross-examined. Q. Did you drink any of the prisoner's beer? A. Not on the Monday—I drank a couple or three glasses of it on the Saturday—I did not want him to stand some more—I had no ale—I saw him come in on the Saturday, but she said nothing till the question was put—some one remarked that he was the man who had given a bad half-crown—I made no remark till she recognised him—I work in a bone-yard, and have been twenty-five years with one master, Mr. Dunn. JOHN ENGLAND ( Policeman 141 L ). I was called to the Three Horse-shoes on this Saturday evening, and the prisoner was given into my charge for passing a bad half-crown on the Monday and a bad shilling that even ing —I produce them—he said that he did not know that it was a bad shilling, and he was not there on the Monday previous—I found on him 3 s . in silver, 5 d . in copper (good), and a knife and purse. Cross-examined. Q. Were the depositions taken in open Court, in the presence of the accused? A. Yes. WILLIAM WEBSTER . These coins are both bad. Witnesses for the Defence. JAMES CRESSWELL . I live at 2, John Street, Walworth—the prisoner has been my tenant going on for four years—he is a ladies' shoemaker—he was in my house the whole day on 1st April, soleing and heeling a pair of boots or shoes which came in on Saturday, and he was obliged to do it on Monday—he could not have gone out without my knowing it—he was not out—he came out into the garden between twelve and one, and I saw him feed his rabbits—he occupies the lower part, and I should have known if he had gone out—he worked up to six o'clock or later, when he finished his job, and I believe he sent it home by his wife. Cross-examined by MR. POLAND Q. What number in John Street do you live? A. No. 2, two doors from Hill Street—I heard of this matter last Thursday—I knew the prisoner was out of the way before that, but did not know the cause of it—I did not know till Thursday that he was in custody—I never inquired where he was, or anything about him; I had quite enough to do to mind my own business—his sister told me about it last Thursday—he never sent for me to go to the police-court—that is where I am surprised—he occupies the front parlour and I the back—I am a linen-presser—I cannot tell you what the prisoner was doing on the Monday before this, or the Thursday or Wednesday before, but I can tell about the Monday, because it was April Fool day—there was nothing special in his feeding the rabbits on April Fool day—he feeds them three or four times a day sometimes. MR. DALY . Q. How came you to give evidence to-day? A. His sister told me about it—nobody made an April fool of me, but I said to the prisoner, "There are all your rabbits running about," and he jumped up and ran into the garden to see after them—I then said, "What a fool you are!" COURT to JOHN ENGLAND . Q. On what day was the prisoner com mitted? A. On 17th April—the Three Horseshoes is a mile distant from Mr. Cresswell's house. GUILTY . He was further charged with having been before convicted of uttering, in July, 1858, to which he PLEADED GUILTY .— Seven Years' Penal Servitude. 525. OWEN SULLIVAN (18) , Robbery with violence, with two others, upon William Pearce , and stealing from his person one watch and one chain, 2 l . 7 s ., his property. MR. E.P. WOOD conducted the Prosecution, and MR. COOPER the Defences. WILLIAM PEARCE . I reside at 12, Windsor Terrace—at a quarter to nine on the evening of 13th April I was in the Great Dover Road—I was going to catch a nine o'clock train—as I was passing Leicester Houses a man seized me at the back of my head—he put one hand over my mouth—I looked him full in the face—there was sufficient light for me to see him—two others pinned my arms behind me and took my watch, and rifled my pockets—I had a sovereign and 27 s . in silver—I fell down and they ran away—the prisoner is the man that seized me—I could swear to him among thousands—I got up and cried) "Stop thief!"—I ran to the corner of Kent Street, and a woman said they had gone up George Street—I next saw the prisoner at the Southwark Police-station, on the following Tuesday—he was with five others, and I picked him out at once—he said he was not there, it was Bandy and some other; I forget the other name—I am certain he is the man. Cross-examined. Q. You have always been positive about that? A. Quite sure—I was rather frightened—I had never seen the prisoner before in my life—I gave a description of the others—I did not see their faces. WILLIAM ELDRED ( Policeman 130 M ). I took the prisoner on the morning of the 16th, in the Red Lion, Suffolk Street, on another charge—that was for knocking down Dr. Wood—Dr. Wood could not identify him—I then detained him on this charge—I communicated with the prose cutor—I saw him identify the prisoner—there was no hesitation whatever. Cross-examined. Q. Did you tell Mr. Pearce that you had a man in custody whom you thought was the right one? A. No, I told him I had a man in custody—I took Mr. Pearce to see him. Witnesses for the Defence. THOMAS TYSON . I have been a soldier, and am now under-deputy at a lodging-house, No. 20, Mint Street, Borough—on Saturday, 13th, the prisoner came home between eight and nine—I am positive he did not go out again—I do not receive the money, but stop up at night to let people in and to call them in the morning. JURY . Q. What time do you commence your duties? A. Six in the evening—the street door is open till perhaps two in the morning—he could not have gone out without my seeing him. MR. COOPER . Q. How far is Dover Road from Mint Street? A. Fifty or sixty yards—he came in about half-past eight—he went and stood by the fire—he was ordered away, and then he went and laid on the form until about a quarter to ten, and then he went to bed—I am quite certain about that. Cross-examined. Q. Does the prisoner reside at this lodging-house? A. Yes, as long as I knowed him, very near two years—there is a deputy over me that takes the money—I show strangers their beds—the house holds 101—they all go into the kitchen before going to bed—I sit on the end of a table—I sat there from six in the evening till the next morning—I go to bed in the daytime. COURT . Q. How do you know it was half-past eight when the prisoner came in? A. Because he is such a man for larking and so on—there is a clock in the room—I noticed the clock—another man came in with the prisoner, and I went to see the time—when I said I knew it was half-past eight because he is such a man for larking, I misunderstood the ques tion, I knew it because I was looking at the time. MR. WOOD . Q. Was there very much larking going on that night? A. Yes—I kept as much order as I could—the deputy was there—he is not here—there was another witness at the police-court, named George Gee—I am not aware that he is here to-day—I have not seen him. MR. COOPER . Q. Does the prisoner make the kitchen merry when he comes in? A. He does—another man came in directly after him—when he went to bed he bid me good night. COURT . Q. Which room were you in? A. I was in the kitchen, another man came in, and I went aud looked what time it was, and it was half-past eight—I do not know why I went—I do not look at the clock when every man comes in—the prisoner has lodged there, on and off, ever since I have known him, about two years—that would be from about May 1865—he has continued to lodge there from that time to this, on and off—some nights he has not been home at all, perhaps three nights at the most—he has only been absent about three nights at the most—I posi tively swear that—he could not have been away a year without my knowing it. RICHARD KEMP . I am warder at Wandsworth—I know the prisoner—he was in Wandsworth Prison during the whole of the time between March, 1865, to March, 1866. GUILTY . He was further charged with having been before convicted, to which he PLEADED GUILTY .— Seven Years' Penal Servitude. The COURT ordered the witness Thomas Tyson to be taken into custody on a charge of perjury. 526. ROBERT STOCKER (34) , Feloniously cutting and wounding John Henry Mourgue , with intent to do him some grievous bodily harm. MR. LANGFORD conducted the Prosecution, and MR. WRIGHT the Defence. JOHN HENRY MOURGUE . I live at No. 2, Alma Road, Blue Anchor Road, and am a stationer—between twelve and one on the morning of 9th April I was passing No. 8, Alma Road, in company with a man named Johnson—the prisoner and his wife live there—he is my brother-in-law—I heard quarrelling between him and my sister—they occupy the first floor—I knocked at the door, and the landlady let me in—I went up to the front room, and Johnson followed—I pushed the door to open it, and the prisoner was pushing from the inside—I heard my sister say, "William, there is John outside; lock the door"—I continued pushing—the door yielded, and while on the threshold the prisoner struck me with a knife—I felt the blood trickle down my left hand—I pushed him against the window—I put my right hand up to save my throat, and he then struck me with a knife in the right hand—it was a pocket clasp-knife—I went down stairs—a policeman was outside—he took me under a lamp and looked at my hands, and said, "Go to the doctor's"—I went to a doctor's, and then to the hospital—I told the constable to take the prisoner in charge. Cross-examined. Q. I suppose you were excited? A. I heard quar relling, and of course I had a feeling for my sister—I had just come from a friend's—I had had some refreshment—there was a candle burning in the room—there was no light on the staircase—I do not know whether the door was locked; it was closed—I do not know whether I broke open the door—I asked him what right he had to insult my sister, and then a struggle took place—I did not hear the prisoner say, "You have no right here, you had better go away"—I do not remember saying, "I will break your b—head open"—I won't swear I did not say it—I was so weak when at the police-court that I do not know what I did say. MR. LANGFORD . Q. Is that the knife ( produced )? A. That is the knife; I can identify it—I saw it in the prisoner's hands—I had never seen it before. COURT . Q. How long has your sister been married to him? A. Be tween nine and ten years—I was on intimate terms with them—we have quarrelled now and then, about domestic affairs principally—I am not married—I live six doors off. STEPHEN BUSHELL . On 9th April I was house surgeon at Guy's Hospital—a little after two a.m. Mr. Mourgue was brought to me with three several wounds on the hands; one on the left hand, an inch and a half long, at the back, over the knuckles, and little finger—the tendons were cut—on the right hand there was one three inches in length, ex tending from the centre of the palm, to the centre of the little finger—a piece was cut off the thumb—it was half an inch deep—those wounds were inflicted by some sharp instrument—the knife produced would have pro duced such wounds—his little finger will be permanently stiff—the right hand has healed—he lost a great deal of blood. Cross-examined. Q. Are those wounds that might haye been produced in an ordinary struggle? A. Yes. COURT . Q. Have you heard the prosecutor's evidence? A. Yes—the wounds might have been received in the way described by him. JAMES JOHNSON . I live at 81, Fort Road, Bermondsey—I was with Mr. Mourgue on the morning in question—as we were passing No. 2, Alma Road, we heard a noise coming from the rooms up stairs—he said, "Let's go up stairs, and see what is the matter"—I said, "Very well, I will go with you"—he said, "Yes, do come"—we went up stairs—I saw the door give way—the prisoner rushed at him with a knife—I did not see him actually stab the prosecutor, but I saw the knife in his hand—I do not recollect hearing the prosecutor make use of any bad language. COURT . Q. Did you go inside the room? A. Yes—I do not think the wife was in bed, I think she was undressed—I do not believe the prisoner intended to stab him, although he rushed at him. GEORGE BIRT ( Policeman 164 M ). A little before one on the morning of 9th April Mourgue and Johnson came to me—Mourgue was bleeding—he told me what had occurred—I went up to the room and took the prisoner into custody—he said, "I did it, I did it in self-defence, as he forced his way into my bedroom"—to the best of my judgment they were both sober—I searched the room and found the knife, produced—it was in a drawer—there were appearances of blood upon it. Cross-examined. Q. Do you know that the prisoner has been six years in one employment? A. I have been told so. COURT . Q. Did you go into the room? A. After the prisoner was charged at the station—I do not know whether the wife was undressed or in bed—the prisoner had his trousers and waistcoat on, but no coat. NOT GUILTY . ADJOURNED TO MONDAY, JUNE 10 TH , 1867.

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CENTRAL CRIMINAL COURT. SESSIONS PAPER. WINCHESTER, MAYOR. TENTH SESSION, HELD AUGUST 17, 1835. MINUTES OF EVIDENCE, Taken in Short-hand, BY HENRY BUCKLER . LONDON: GEORGE HEBERT , CHEAPSIDE. W. TYLER, PRINTER, BOLT COURT, FLEET STREET. 1835. THE WHOLE PROCEEDINGS On the King's Commission of the Peace, OYER AND TERMINER, AND GAOL DELIVERY, FOR The City of London, AND GAOL DELIVERY FOR THE COUNTY OF MIDDIESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION OF THE CENTRAL CRIMINAL COURT. Before the Right Honourable HENRY WINCHESTER , LORD MAYOR of the City of London; Sir John Bernard Bosanquet, Knt., one of the Justices of His Majesty's Court of Common Pleas; and Sir Edward Alderson , Knt., one of the Barons of His Majesty's Court of Exchequer; Sir Herbert Jenner, Knt.; William Thompson , Esq.; William Venables , Esq.; John Key , Esq.; and Charles Farebrother , Esq.; Aldermen of the said City of London; the Honourable Charles Ewan Law, Re corder of the said City; Samuel Wilson , Esq.; Sir Chapman Mar shall, Knt.; James Harmer, Esq.; Thomas Johnson , Esq.; and Thomas Wood , Esq.; Aldermen of the said City of London; John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; His Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal-Court. LIST OF JURORS . First Jury. Christopher Graves Robert Graham Joseph Cowland William Kilmington James Farren John Goodrick Gosling William Challis Robert Butcher George Evans William Ker William Falk Charles Churrier Second Jury. James Gale Charles Brensley Robert Goddard Jones Joseph Gray Richard Hoson Henry Lenty William Inwards Joseph Nicholas Garrat Thomas Head Henry Carne Samuel Fisher Joseph Braithwaite Third Jury. Thomas Hunter John King Thomas Dylies William Adamson William Lane John Henry Downes Thomas Cooper Jamas Hammond Thomas Close Richard Barrow James Large William Jackson Fourth Jury. Henry Hutton John Collins Edward Horner George Harris William Fisher George Jenner William Ingarfield William Barnes Overton John Holmes James Johnson William Lewis Clark William Jones : Fifth Jury. John Clause Archihald Mitchell Samuel Martin Gibbs Benjamin Johnson Mathias Lawledge Joseph Lucken John Bray William Burt James Curtain Charles Kingston Richard Gorley James Dover Cross Sixth Jury. John Brady Frederick Cutbush John Wade Hennry Smith Webb William Williams Francis Schofield William Wilson Jesse Hale George King Robert Hutchinson John Lamb Samuel Lambert CENTRAL CRIMINAL COURT . WINCHESTER, MAYOR .— TENTH SESSION . A star (*) denotes that the prisoner has previously in custody—An obelisk (†), that the prisoner is known to be the associate of bad characters. CAPITAL CONVICTIONS . Thirs Jury, before Mr. Baron Alderson. 1689. DANIEL BRYANT was indicted for feloniously and burgls riously breaking and entering the dwelling-house of James Coollins , about twelve o'clock in the night of the 3rd of July , at St. Leonard, Brom ley, Middlesex , with intent to steal, and stealing, therein, 1 hat, value 2 s .; 1 handkerchief, value 1 s .; 1 gown, value 2 s .; 1 petticoat, value 1 s .; 3 shirts, value 1 s .; 6 d .; 1 shawl, value 9 d .; and 1 bed-gown, value 6 d ., his property. JANE COLLINS . I am the wife of James Collins, and live in the parish of St. Leonard, Bromley, in Middlesex. I left our house on the 3rd of July, at ten o'clock at night—I left nobody in the house—I locked the door—the sitting-room window was safe, and fastened inside—all the doors were safely locked—I returned between twelve and one o'clock that night, and found a pane of glass broken in the bed-room window, on the ground floor, and the window was a little way open—it had been unhasped—any body could get into the house—I found the door locked, as I had left it—I missed my husband's hat—I called in a policeman, and then found my drawers open, and missed a gown, three shirts, a petticoat, a bed-gown, a waistcoat, and two child's frocks, which had been in two drawers in the room adjoining the bed-room—there is no door between those two rooms—on the Friday following (the 10th) I saw all the property at Hawes's the pawn broker's but a child's frock—I know the prisoner—his mother lives nearly opposite us—he does not live with her—he referred me to No. 16, Stepney-causeway—he lodged there—this was on the night of Fairlop fair—I saw him on the saturdy, the day after the robbery, close to my house. MARY AMOS . I am nearly twelve years old. I remember the night of Fairlop fair—I saw the prisoner that night, just by Mrs. Collins's gate, at a quarter to twelve o'clock—I had been to the Moor's Arms to see what it was o'clock, and it was just a quarter to twelve, and as I came back I saw him—it was just over the way—I saw him immediately I had looked at the colck—we had just come back form seeing the boats that night—the prisoner was standing by Mrs. Collins's gate—he was just by the bed-room window, as near as he is to me now—he had nothing with him at that time. Prisoner. Q. Was not I in the road? A. No; he was close by the fence—he asked me what it was o'clock—I told him it was a quarter to twelve o'clock—he was on the footpath—I knew him before. GEORGE TURNER . I am a policeman. I apprehended the prisoner on the 9th of July—I told him I wanted him on suspicion of a robbery at Mr. Collins's, at Bromley—he said, as I took him to the station-house, that he did not do the robbery himself, but he knew the parties who had done it—that the two men who had done the robbery had gone to Ports mouth, and he knew where part of the property was left—that it was at Kirkham's, No. 16, James's-place, Stepney-causeway—he was remanded—I went to Kirkham's and found two duplicates, among several others, referring to Hawes—I went next moring to Hawes's, with Mrs. Collins, and found part of the property. JOHN KERSEY , I am a policeman. I was present when the prisoner was searched—I did not see any thing taken form him—I took a shirt off his person, at the New Prison, which I produce—this was on Friday, the 10th of July. ANN ENNOLDS . I know the prisoner. On Saturday, the day after Fairlop fair, I saw him in the moring, before twelve o'clock—he came to my house, No. 16, James's-place, and washed himself—I saw the hat on his head, and a bundle under his arm—he asked me to pawn the bundle—I pawned a gown, petticoat, bed-gown. and waistcoat for 3 s ., at Hawes's—I do not know what became of the hat—I think it was a silk hat—I gave him the money and the duplicate—Kirkham was in bed, and asleep that night—I know that, because he was in the same house as I was—he does not lodge there, but he was there that night—I went to bed that night, between ten and eleven o'clock, and Kirkham went to bed at the same time—the prisoner dose not lodge there—I do not know where he lodges—I only know him by seeing him at the top of James's-place, but Kirkham knew him. JOHN DANIEL HAWES . I am a pawnbroker at Ratcliff, Ennolds pawned a gown, shirt, a petticoat, and other things, on the 4th of July, between ten and eleven o'clock in the morning—I live about a quarter of a mile form James's-place—the hat was pawned with me by a man who I believe to be the prisoner, about a quarter of an hour before—he had a hat on his head, and brought this one in a box—I am sure it was not Kirkham—both the parties gave their directions, No. 16, James's-place. JANE COLLINS re-examined. I know these articles—the bed-gown and petticoat are marked—the waistcoat and hat I know—I can swear to the waistcoat—I cannot swear to the hat—here is a gown, I know—the hat-box does not belong to me. JAMES COLLINS . This is my hat—I know it by a mark in the lining. JAMES DANIEL HAWES re-exmained. The man who pawned the hat had no bundle with him, to my recollection. GUILTY — DEATH . Aged 18. Before Mr. Baron Alderson. 1690. THOMAS WRIGHT was indicted for feloniously and burgls riously breaking and entering the dwelling-house of William Moore , about the hour of one in the night on the 19th of July , at St. Marylebone , with intent the goods therein feloniously and burglariously to steal. THOMAS WYLIE . I am a policeman. On the 20th of July, I was going my rounds, about one o'clock in the morning—I had heard it striks twelve, but it had not struck one o'clock—I was a little distance form Mr. Moore's, a cheesemonger's shop, in Great Portland-street, in the parish of St. Marylebone, and observed a person's legs sticking throught the fan-light over the shop door—I went up, and as I got up somebody fell inside the shop—it was the person whose lege I had seen through the fan-light—I knocked at the shop door, and was answered by a person inside, saying it was all right, but if I did not think so, they would open the front door—I still knocked at the private door, and Mr. Moore answered me form the bed-room window—I alarmed him, and then went to the corner of the house, where I could see the back part of the house, and in about two or three minutes, I heard a noise in the parlour—I went to the parlour shutter—the shutters were thrown open, the bottom sash thrown up, and the prisoner was endeavouring to make his escape out of the window—I pushed him back, and asked what he wanted there—I took him into custody—he was never out of my custody—there was a gas-light in front of the shop, on the same side of the way—I observed it was not about an hour before—the other lamps were all lighted—I cannot tell how this one was put out—the glass was whole, and it was a calm night—I found a spike in the grating of the sewer, about ten yards form the door—I found it fitted to the iron bars of the fan-light—a person could not get without removing the spikes—three were removed, and one I found—I never could find the others—I could not see any more in the grating. WILLIAM MOORE . I am a cheesemonger, and live in Great Portland-street, in the parish of Saint Marylebone. I went to bed on the night of the 19th of July, about ten o'clock—the house was quite safe then—the fan-light is always kept open, to air the shop, and the iron bars prevent people coming in—they were quite safe that night—next morning I observed three spikes broken off the iorn bars, and the other bent down—that would enable the prisoner to get in sideways—the fan-light is above the shop door about six feet high—I do not see how he could get up without help—the prisoner had been in my service—he came on the 10th of January, and I diacharged him in February—I have a wife, a niece, a man servent, one female lodger, and a nephew—there was no acquaintance between the prisoner and my niece, nor the lodger, I am quite confident—I keep a till in my shop, but leave nothing in it at night but a few halfpence—I should think he would know that—the shop goods are in the shop at night—when he was taken he said nothing to me as to why he came to the house. GUILTY . DEATH .—Aged 16. Before Mr. Justice Bosanquet. 1691. JOHN WILLIAMS alias WEATHERSTONE and ROBERT HIGGS , were indicted for burglariously breaking and entering the dwell ing-house of James Went , about the hour of one in the night of the 9th of August , at Saint Matthew, Bethnal-green, Middlesex , with intent to steal and feloniously and burgalariously stealing therein, 3 half-crowns; 1 shilling; 1 sixpence; and 131 farthings; 2 boots, value 2 s .; 4 shoes, value 6 s .; 1 umbrella, value 3 s .; 1 necklace, value 5 s .; 1 spoon, value 2 s . 6 d .; 1 knife, value 6 d .; and 1/4lb. tobacco, value 1 s .; of the said James Went . JAMES WENT . I keep the Fountain public-house in James-street, in the parish of St. Bethnal-green. On Sunday night, the 9th of August, I went to bed about one o'clock—my wife and myself were the last persons up the house—I fastened the doors and windows myself when I went to bed—next morn ing my servent was the first person down stairs—I went down next—my wife called to me and gave information—I found a till lying at the bottom of the yard—I saw that from the staircase window—I went down stairs, and found the drawers of the counter pulled half out, and one of the gin cocks running, and different things strewed about the bar—the kitchen window had one sash wrenched out, and the other forced back—it was a samll win dow—one square of glass was broken—the window was fast, and the glass whole when I went to bed—the door, which goes into the kitchen, had a square of tin cut out, large enough to admit a hand to open the fastning in side—I missed about three shillings-worth of farthings form the till—on the night previous I had seen them in the till—we use a good many in our business—there were two farthings very remarkable, one been burnt in the fire, and had a crack on it, and the other had been hammered quite flat on both sides—I had had them about a mouth or more—I missed an umbrella, one pair of boots, two pair of shoes, and some penny tobacco screws—we lost about quarter of a pound of them. Cross-examined by MR. PHILLIPS . Q. When were you alarmed? A. About half-past six o'clock—it was quite day-light then—I had heard no noise in the night—I cannot tell at what time the house was broken into—my wife and myself were the last persons up—it is my dwelling-house. SARAH WENT . I am the prosecutor's wife. I got up about half-past six o'clock in the morning, and observed the till at the bottom of the yard—I missed two pair of shocs, my child's necklace, and a small penknife, which I had had between seven and eight years—I had seen a good many farthings in the drawer the night before—I know the child's necklace. WILLIAM HAGGERTY . I am a policeman. On Monday morning, the 10th of August, I was on duty about 10 minutes before 3 o'clock—I saw both the prisoners in Watney Street, Commercial-road, with the property pro duced—I asked them where going to, they said, "to Ratcliff-cross"—they were about a mile form the prosecutor's—I asked Williams what he had inside his jacket; he said, he had a pair of shoes, and gave them to me—I asked him what he had in his pockets—he said, "Some tobacco, a tobacco-box, a duplicate, and a knife"—he produced them—I asked Higgs what he had in his pocket, he said, "Some farthings"—I asked him to show them to me; which he did—I asked how he came by so many farthings, he said, he sold fruit in the street—he had 131 farthings, and a duplicate. JOSHUA BOUCHARD . I am a tobacconist. These screws of tobacco are the same sort as I serve Went with—I cannot swear they are what he had, but they are the same sort of paper, and the same sort of tobacco as I serve my customers with—other people, sell the same sort. JAMES HARPER . I live in James-street, Bethnal-green, On the morn ing of the 10th August I saw four young men—I was standing at my own door, and they went down the opening by Mr. Ward's corner—two went over into the fields, and the other two staid outside—I went in-doors, and went to bed—they were coming in a direction form Mr. went's house—it was about 1o'clock, as near as I can guess—I dont know their persons the prisoner's. Cross-examined. Q. How near were you to them? A. Nine or ten yards; I won't swear to the prisoner—they went under a lamp. JAMES WEST re-examined. These are the sort of screws of tobacco which I lost—I lost more than are here—I know these two farthings among the 131; they amount to 2 s .9 d .—the shoes are not mine—the umbrella is not here. Jury. Q. Did you ever see Higgs before? A. Not to my knowledge—I never saw cither of them at my house—I don't know whether my put-boy is acquainted with them—I have no reason to suppose that he is. MRS. WENT re-examined. I kown this knife, I have had it seven or eight years—I know it to he mine—it was lost that night. WILLIAMS— GUILTY — DEATH . Aged 17. HIGGS— GUILTY — DEATH . Aged 17. Before Mr. Baron Bosanquet. 1692. RICHARD LAHEY was indicted for that he, on the 9th of August , at St. Michael upon Cornhill, London , in and upon Joseph William Watson , unlawfully, maliciously, and feloniously, did make an assault, and unlawfully, maliciously, and feloniously, did cut and wound him, in and upon his right leg, with intent feloniously, wilfully, and of his malice aforethought, to kill and murder him, against the statuts,—2nd COUNT , stating his intent to be to disable him.—3rd COUNT , stating his intent to be to do him some grievous bodily harm. JOSEPH WILLIAM WATSON . I am a coductor to an omnibus. on sunday, the 9th of August, about ten o'clock at night, I was near the Royal Exchange with my omnibus, against the Sun Fire Office in Cornhill, I was standing behind the omnibus—the prisoner came up—he said nothing—a man came up with him, and asked if I was going to Blackwall—I said, "Yes"—he said, "Stop half& minute, there will be four or five of us going down"—while he was speaking, up came the prisoner, and another man, and two woman; the man who frist came up, said to the prisoner, and the others, "Have you got any money to pay your way dawn?"—they re plied, "No"—the man who frist came up said, "I have only got sixpence; I shall ride down, for I shan't walk all that way"—he gave me the six pence, and got up the steps; went in the omnibus, and sat down—one of the woman walked up the top step—I said, "My good woman, you can't sit there"—she said, where her husband was she would ride—I said, "If your husband is inside, you must get in to him, or he must come out; for I cannot have this row round my bus "—during that time, a gentleman came up, and wanted to get in—I asked the good woman to move—she would not—I said, if she did not move, I must put her down—the gentleman said, "Conductor, take and put that woman down"—the prisoner was standing alongside on the pavement—I got down"—the to take the woman down, and she fell down—I took hold of her, to put her down, and she fell down in my arms—I then went to get onthe steps; when the prisoner, and the two woman, and the man that was there, all fell into me, and tried to scartch me, and to tear the things off my back—the woman had hold of the iron underneath the steaps—she loosened her hands, and came backwards into my arms—I immediately jumped up on the steaps and hallooed out "All right," to the coachman—he drove off, and the woman ran after the bus again, and caught hold of the iron, and began to halloo "Murder"—I halloed out to the conchman to stop the bus, and the prisoner came up to me, he caught hold of the my coat, and tried to pull me down—I caught hold of my coat, that he should not tear the skirt off, and pulled it out of his hand—I then told the coachman to go on again—the woman ran after the bus again; caught hold of the iron, threw herself down, and began to hllno "Murder" again—I called to the coachman to stop again; which he did; and the prisoner came up to me again—I stooped down, and pulled up my coat, that he should not take it, and shoved him away—I told the man who was in the bus, to get out to his wife, as she called herself, and he got out—I gave him his sixpence again on the sten; and while he was getting his wife away form the iron, I kept my eye on the prisoner—I was afraid he would pull me down—I saw him go round form the back of the bus to the off-side, round the horses; come round on the near side, and as I was standing with my back—I turned round; watching him, and I had my back fixed aganist the bus—as he came round on the near side, he brought a knife or something in his hand—I could not see what it was—he took and cut me right across the leg—I no sooner felt the knife at my flesh, but I jumped down, and seizcd him by the collar, and called for assistance—the officer was close at hand, and came to my assistance directly, and took hold of him—I saw he was going to make away with what he had in his hand, or to put it into his jacket-pocket—I tried to catch hold of his hand, but only caught hold of his thumb, and held it till the officers got him form the mob—a pocket-knife was found on the spot where I gave him in charge—the cut was about an inch and a half, or two inches long, not so deep as the surgeon expected it to be—I had a boot on; if it had not been for that, it must have been deeper—it cut throught my trowsers, boot, and stocking—a sur geon attended me; he only dressed it myself after wards—he found it was of no great consequence. Cross-examined. Q. Did you attend your bus next day? A. No; I had to go to the Mansion-house; I attended the bus on Wednesday—my master's name is Thomas Fardell; the name of the omnibus is the "City"—the people did not cry out "shame," or tell me to stop—the bus did not go on at when the woman was on it—we went on while she caught hold of it, and dragged herself on, we coulf not help going on a few yards, we could not pull up dircetly—we were going on, when she caught hold of the iron, while the coachman was driving—she ran after it, and caught hold of it; the omnibus dragged her along, she holding by the iron—she did not drag by it above three yards, when I called to the coachman to stop—he stopped, we got rid of her and when he went on she caught hold of it again, and called "Murder"—I do not know the man's name who was in the omnibus—there was a crowd round it, and every body was saying, "Give him in charge, give him in charge; don't leave him"—I have the two officer here; one of them was among the mob all the time; not at the time the woman caught hold of the bus, or I should have given her in charge. Q. Did not the prisoner come up to rescue the woman form the om nibus, and had you not driven on with her handing to the step? A. No—it is false; I have seen the woman here to-day, and the step, and was in the omnibus—we did not drive on while she was on the step, and the people did not cry to us to stop—I have not been had up with my bus —I have been cad ever since the omnibus started, which is about two years—I never had a blemish on my character—I never struck the prisoner nor kicked him—I shoved him on the shoulder with my hand, while I stood on my monkey-board. Q. On you oath, did you not kick him on the breast violently, while he was standing there, complaining of your brutal usage of the woman? A. No; I never touched him—I do not know how many people were round the omnibus at the time I received the cut—there was a crowd of people round at the back of it—I never heard any body call "Stop," while we were driving on—I stopped directly I could—the officer has had the care of the trowsers and boots ever since I was at the mansion-house—I took them home with me that night, and carried the boot in my hand—I do not know the surgeon who derssed my wound—he strapped it up—it is not well yet—I can use my leg—I have been driving the omnibus most of the time since, to ease my leg. COURT . Q. You never struck him before this occurred? A. No; I never struck him then. JAMES STREET . I am a watchman of Cornhill-ward. I was coming out form the watch-house in St. Michael's-alley, as it was striking ten o'clock, and heard the cry of "Murder"—I immedistely ran to the spot, and saw a woman hanging to the back of the omnibus, and number of persons collected behind—she said her husband was inside, and she would go in too—the prisoner came up, and demanded her as his wife—he had hardly said a word, before the prosecutor jumpped form the borad, seized him by the collar, and said, "I give him in charge; he has cut me through the leg"—I was taking him to the watch-house, when the female, who was hanging to the omnibus, clung round the priwsoner's neck, and another man who gave his name Carty, (the female gave her name M' Carthy,) endea voured to rescue the prisoner form me; but we got him in, and afterwards took the other two—the femele and Carty have been held to bail for the assault—I immediately went back to the spot, and picked this knife up, which laid open on the stones, about five yards form the Royal Exchange pump, within a yard of where the prisoner was given in charge to me—Wastson went with me to the watch-house. Cross-examined Q. Where was it you first heard the cry of "Murder?" A. At the corner of St. Michael's-alley—it was the cry of a female—the watch-house is about one hundred and fifty yards form there—I took the prisoner to the watch-house in St. Michael's-alley; then came back and took the other two—I retuned, and found the khife about five yards east of the Royal Exchange. JOHN PARKER . I am superintedent of the watch of Cornhill. I had just turned out the watch—I got out a few mintes later than Street—when I got up, he had got possession of the prisoner, and was trying to get him to the watch-house—we had great difficulty in getting him in—there was a great mob, and the woman was rather violent, and clung to him—they had been drinking—the woman said in the watch-house that she had been married that day—that was in the prisoner's pre sence—it was not taken in writing—she claimed frist one as her husband, and then another—the watchman brought the knife into the watch-house afterwards—I did not know the nature of the wound, and sent for a surgeon—if I had known the nature of it, I should not have sent, as there did not turn out any occasion for one. Prisoner's Defence. I have withnesses outside, who will decide it, I be lieve. CATHERINE M'CARTHY . My husband's name is Dennis M'Carthy; he has not been here to-day, On sunday night, the 9th of August, I was near the Royal Exchange—she the prosecutor there—my husband was with me—wehad been to Saffron-hill and Holborn—the prisoner had been with us—we had something to drink—I was not drunk—my husband go into the omnibus—I strove to get in after him, but I was not let in—I had money to pay—I had a shilling and some halfpence in my pocket—the prosecutor said the man inside knew nothing of me, and he would not let me in—I said I would go where my husband went, and that I had money in my pocket to pay for myself—he said the man inside knew no thing of me, and he would not let me in, and he pushed me down off the steps—I sat down on the steps—he had not pushed me down before I sat on the steps—the omnibus had not sett off then—the man got on his stand, and cried, "All is right, "while I was sitting on the steps, and the coach went on—it had not gone many yards before the man gave me two or three kicks—I had got hold of the rail of the step, and was sit ting down on the step, not on the ground—he kicked me several times—at last I was obliged to scream out, and the people passing by screamed for the coach to stop—that was while it was going on—it was loud enough for people to hear—they screamed—they said "Stop, stop," or something—the omnibus stopped—the prosecutor asked the coachman to stop, when I screamed out—I was still on the step at that time—he kicked me on the head and in the back of my neck, as I sat on the step—when they stopped, he came down off the stand, and used some bad language to me—I was in too great trouble to tell what it was; but he cursed me, and said, if I did not get off the step he would serve me out, but I was faint, and could walk no further—I was tired and wanted to get in—I did not get off, and the coach went on a second time—it had not gone many yards before he kicked me again, and I fell off the step and caught hold of the railing, and the coach dragged me—I was afraid to let go—I had hardly any senses, I got so hurt with the coach dragging and the kicking—I was dragged about twenty yards after I fell off the steps—it may be more or less than twenty yards—I screamed as loud as I could, worse than the first time, and the coach stopped then—with, the prisoner and two other men, who are not here, came to my assistance, and a woman—the prisoner said to the prosecutor, "A'nt you ashamed of yourself, to serve any woman in that manner?"—with that the other man came up—the cad said some vile word to the prisoner—I cannot call it to my recollection—with that, two more men came up—one was Michael M'Carthy—he is no relation to me—the other was John Footman—I saw the prisoner get a kick in the breast—that was when he came to save me—he only spoke two words, and the prosecutor kicked him and knocked him down—I am sure he kicked him in the breast, and kicked him on the ground—he was standing up on his stand—the prisoner fell from the blow—he did not strike the prosecutor before—I cannot say what happened afterwards—I never saw him do anything to the prosecutor till he kicked him and knocked him down—the other men were there then, and they made their escape—the prisoner was secured by the prosecutor—it might be five minutes or more before the prosecutor compalined that any thing had been done to him. COURT . Q. Is Michael M'Carthy here? A. No, nor Footman—I have not seen Footman since that night, nor yet my husband—the prisoner did not endeavour to get up on the steps—he came to assist me—he picked me up off the ground—the prisoner only said two or three words to the prosecutor—he had done nothing to him—he was standing close to the steps of the coach—the prosecutor was on his stand, and the prisoner was on the ground—he kicked him in the breast—I have been married six years—I never said that I had been married that day—I have known the prisoner eight or nine years—he is my brother-in-law—he married my husband's sister—the prisoner is a perfectly well-conduted character, and as honest a man as ever lived. (John M'Carthy, Daniel Sullivan, of Green-fields, Popular; Joannah Sullivan, and Julia Donovan, of North-street, Popular; and Ann Harringten, of Rich-street, Limehouse, gave the prisoner a good character.) MARY FOOTMAN . My husband is a labouring man—he is not here—I have known the prisoner nine years—he is a harmless inoffensive man. COURT . Q. What is your husband's Christian name? A. William. He left home in company with Mrs. M'Carthy and the others, between nine and ten o'clock on the morning in question. GUILTY — DEATH . Aged 29.—on the third Count. Recommended to mercy by the Prosecutor, having a wife and family . Second Jury, before Mr. Baron Alderson . 1693. THOMAS HOBBS was indicted for feloniously assaulting Robet Castle , on the 11th of July , at St. Matthew, Bethnal-green, Mid dlesex , putting him in fear, and taking from his person and against his will, 1 hat, value 2 s .; 7 shillings, 5 sixpences, and 2 1/2 d . in copper monies, the goods and monies of the said Robert Castle . ROBERT CASTLE . I am a eigar-maker. On Saturday night, the 11th of July, I was coming home—I had been my intended , and went as far as Pelham-street, to the George public-house, to have something to drink—I do not know whether I drank any thing there, as I went to see a friend there, who I did not find—I then went to the Ben Jonson in Pelham-street also, and had a small drop of gin—I then went to Mr. Gower's in Sclater-street, and saw four or five persons there, who I knew, and we had six-pennyworth of gin amongst us—I knew perfectly well what I was about, but might be a little fresh —I then went to the corner of Bacon-street, and waited there for amoment—I saw Harriett Gardner and anoher young girl, standing at the corner, and went to speak to them, I saw four men in the street; one was lying down, and the other three appeared to be going to beat him—I went up to them, and said, "Don't hurt the man; let him get up"—I do not know any of the men—they knocked me down, and kicked me—I lost my senses with the first kick, and on recoving, found myself in my father's bed—that was on the Sunday morning—before I went up to the men I had 9 s . 6 d . in silver in my pocket, and a hat on my head—I missed the silver and hat when I recovered—I could not find them—I was ill in bed from the blows for a week—I could not move. Cross-examined by MR. PHILLIPS . Q. At what time did you go out to walk? A. At twelve o'clock—I had gone out at seven o'clock, when I left work—I went to three public-houses—no more to my knowledge—I drank in two of them, to my knowledge—I had about half a quartern in the two houses—I might have been a little fresh —I cannot be certain how much I took—I paid sixpence at Gower's, and I believe I had a drop of gin at the other house, and paid three-halfpence for it—I do not know to a certainly how much I drank—I was not fresh then—I was fresh , I sup pose, at the finish of it. HARRIETT GARDNER . I am the daughter of John Gardner, who is a cooper. I saw the prosecutor at the corner of Bacon-street, at two o'clock on Sunday morning—he was fresh in liquor—I saw three men in the street besides him; one of them was lying down, and two were up—the prosecutor went to them—I was about six or seven yards from them—Louisa Moore was with me—Mr. Castle said to the men, "Don't hurt the young fellow;" and then he came back to me again, and they all three came closer; and then two of them fell down; and then they all got up, and made a rush at the prosecutor, and ran him back, till they got him as far as Gould's, the grocer's—one of them had hold of the back of his neck, and the others had hold of his collar, holding him down; and when they were running him back, they said, "Come on, Hobbs"—they said to to the prisoner, and then he ran to them—it was the prisoner—I know him—he kicked the prosecutor in his face—the prosecutor was then nearly on the ground at the first kick; and he lost his senses at the first kick; and then they all ran away to the corner of Bacon-street—they picked up a hat and a cap at the corner of Bacon-street, and Hobbs said, " Hook it, you b—s"—they then all ran away up Brick-lane, towards the Flower Pot—I cannot say who took up the hat, but it was not the prisoner—I stood right facing the prosecutor at the time it happened, and did not like to go over to him till somebody came—I stood over the way till the policeman came—I had left Moore at the corner, and when the policeman came, I went over to the prosecutor—nobody went up to him from the time the man left him till the policeman came—I have seen Hobbs before, selling things in the street, often—I do not know where he lives. Cross-examined. Q. Had you been drinking yourself that night? A. No; I had been into no public-house that night—I had been to the Pavilion theatre—this happened at about two o'clock—that was just after the Pavilion closed—I had only just come home—I met the prosecutor as I turned the corner—the Pavilion is in Whitechapal—it was open as late as that on that night—I was not frightened—I stood and saw it all—Moore was not there all the time—the prisoner had on a white flannel jacket—I did not see the prosecutor's hat drop off while they were scuffling, and cannot say whose the cap was; I only saw them pick it up—I did not see the prosecutor all the while—I lost sight of him when one of them were before him, rushing him back—he had not a hat on then, but he had his hat on when I was talking to him, and I saw him without a hat when they were ill-using him—Hobbs had a cap on, and it was not his cap which was on the ground; for he had his on when he ran away—when the prisoner ran he seeemed sober enough—Moore was not with me when the prosecutor came up—she stood over at the corner, at the cook-shop—she was not present all the time. LOUISA MOORE . I had been to the Pavilion, and was coming home with Gardner—I was standing at the corner of Bacon-street, and saw three young fellows larking in the road—I saw one of them fall down—I saw the prosecutor standing at the opposite corner—he went to the one who was lying down, and said, "Don't hurt the young fellow"—he jumped up, and two more stood at the side of him—one of them laid hold of the prosecutor by the collar, and another laid hold of the back of his neck—all three shoved him backwards—I ran to my own door, for I was so frightened, and stopped two or three minutes—I was going back again, and saw all four running down towards the Flower Pot—a hat and cap laid in the road—I saw one of them pick it up—I cannot say which—they all ran towards the Flower Pot—I saw the prisoner running with them—he had a white flannel jacket on—he was one of the three who were larking in the road; but he was one of the four—that was all I saw. Cross-examined Q. If I understand you right, when you saw the young man down there were only three altogether? A. No; two men, and the one who was down—the prisoner was not one of those three—there was scuffling amongest them—what happened in that I could not tell—I saw the whole four running two or three minutes afterwards—I did not see the prosecutor receive any ill-usage from the prisoner. DAVID STACEY . I am a policeman. I came up when the prosecutor was on his hands and knees, about a quarter after two o'clock in the morning—I saw Gardner at the corner—she came up with me to the prosecutor, who I found on his hands and knees, trying to get up—I observed his right-hand trowsers pocket truned inside out—he had no hat then—I took him to his father's—I asked him going along where he lived; he told me in Charles-street—I apprehended the prisoner about half-past eight o'clock the same morning, by the information the girl gave me—he was locked in his room—I got the key, and entered—he had just got out of bed, and asked what I wanted him for—I said, "On suspicion of robbing and ill-treating a man in Brick-lane—he then said, "I know what you mean"—my brother-officer then cautioned him to say nothing, unless he liked—he persisted in saying it was not him, but Bill Kemp; and if I would go with him, he would show me where he lived, and where the hat was—I took him to the station-house, and locked him up—the prosecutor appeared cut all to pieces—the blood was all over his face. Cross-examined. Q. Had you seen the prisoner that night, and spoke to him? A. Yes, in that neighbourhood—I drank with him—I do not know at whose expence it was—he stood on my beat—it was not at my own expence—I do not know whether my fellow-constable drank with him; he was there—it was at the Swan, at the top of Dunn's-court—I did not go into the public-house—he handed the pot to me at the door—he and three or four more were standing at the door as I went by—he said, "Policeman, will you have a drop of beer?"—I said, "I don't care"—I told him to go home. COURT . Q. How far was the place where you drank with him from the place where you found the prosecutor? A. I saw the prsoner standing at the opposite corner, with three other, and when I came back he was gone, and the others also and the prosecutor on the pavement—it was half-an-hour before that I drank with him—when I saw him there, they were all four together. SAMUEL GREEN . I am a policeman. I was present when the prisoner was apprehended—Stacey's evidence is correct. Cross-examined. Q. Did you drink with the prisoner? A. No; I was a long distance off. ROBERT NEAVE ( police-sergeant .) I was at the stationhouse when the prisoner was brought there. His fathern came to him in the morning—he heard his father talking to me, and he sung out. "Father is that you?"—I said, "Yes; but cannot allow you to speak to your father, but I can say any thing to him"—he said, "Father, go with the officer to Kingsland-road, and there you will find the hat." (Thomas Hales, a salesman, of Smithfield-market; Abraham Thornton, weaver, of Spitalfields; and Richard Fox, dyer, of Crown court, Little paul-street, gave the prisoner a good character.) GUILTY — DEATH . Aged 19.— Recommended to mercy by the Prosecutor . Third Jury, before Mr. Baron Alderson. 1694. THOMAS DOMINICK FEELEY was indicted , for that he, on the 20th of June , at St. Bennet Paul's Wharf , feloniously did forge a will and testament, purporting to be the will and testament of John Collins , with intent to defraud David Bevan and others.—2nd COUNT , for felo niously uttering, disposing of, and putting off a like forged will and testament, well knowing it to be forged, with a like intent.—Two other counts, like the two former, only stating it with intent to defraud David Bevan , Samuel Bosanquet , John Deacon , William Haldimand , William Alers Hankey , sir John William Lubhock , Bart., John Martin , Daniel Mildred , Charles Mills , William Willoughby Prescott , Sir Charles Price , Bart., and Abraham Wilday Robarts .—Two other counts, stating his intent to be to defraud the next of kin of Patrick Collins, otherwise called John Collins , deceased.—Two other counts, stating his intent to be to defraud our Lord the King.—Two other counts, stating his intent to be to defraud a certain person or persons, whose name or names is and are unknown. MESSRS. ADOLPHUS AND CRESSWELL conducted the Prosecution . FREDERICK GEORGE COX , I am an articled clerk to William David Jennings, a proetor of Doctor's Commons. On the 19th of june, the pri soner came to our office, to inquire if any parties had been from the Saving's Bank, inquiring if letters of administration had been taken out to the effects of John Collions, deccased—we said nobody had been there—he said he had been to the Saving's Basnk, and he understood that another party, a woman, calling herself the widow, would apply for letters of administration to John Collins—he said if she did so, it was of no use, as he had a will—we then told him we could not do any thing without seeing that will—he then left to bring it, and, in the afternoon of the same day, the woman called about the letters of adminstration—the prisoner came again on Saturday, the 20th, with a paper—we told him we could not do any thing with it at present, and he must call again on the Tuesday: he left it with us—he called again on the Tuesday, and had a person with him, calling himself the nephew of the deceased, Owen Collins—on the Monday, one of the clerks had to the Savings' Bank on other business, and brought away a pettion, which we examined with the will—this is the will which he gave me, ( looking at it )—we afterwards objected to obtain any probate to the will, in consequence of receiving information from Mr. Clarkson, the proctor—I communicated my suspicions about the will to Mr. Richard Jennings. MARY EAKLEY . I have gone by the name of Mrs. Collins, for twenty-five years last Christmas-day—I had lived all that time with the deceased Patrick Collins—he was generally called John Collins—his real name was Patrick, as far as I heard; but the distinction was made because two per sons of the same name worked at the same place—he was taken ill on the Tuesday as he dicd on the Thursday following, the 11th of June—he was taken ill on the 9th, from a fright which he got on the Saturday night before, which so affected his brain or mind, that he died in two days—while he was alive he had deposited some money in the Savings' Bank—I was with him, and paid the money with my own hands, and received this book, ( looking at one )—the money remained in the Bank to the time of his death—he had very little property—he died at No. 9, Lamb-court, Clerkenwell—soon after he was dead, the prisoner came to his lodging, just as he was washed and laid out—it was the morning he died—he brought a policeman with him, as I was crying over the decreased—I turned my head round, and asked the policeman what brought him there—he said, his business—the policeman and the prisoner looked at the body—the prisoner opened Collin's mouth and eyes, to ascertain that he was dead—I did not know the prisoner before he came that day—I had seen him seventeen years ago, but at that time I did not recollect it—that was all he did, looking at the deceased and examing him—he gave no orders for the funeral—he said nothing about his having a will or being executor—I never heard a word about it—I know Owen Collins, by his coming to our place—he gave in his name as Owen Collins, but I know no more about him—the deceased was not on friendly terms with him, but quite the contrary—he did not wish him in his bed-room—he ordered him down stairs—he called me to turn him down stairs, and said he could not bear him in his sight—he said that on the Sunday, as he broke open his door on the Saturday night and frightened him, and he said so till the day of his death, that he could not bear the sight of him, and they were his last dying words—he had broken into his door on the Saturday night, and forced himself into the room—he broke the staple of the lock—I do not know a person named Kelly—I never saw him in my life—I have seen Griffiths here—I never saw her before I went before the Alderman—I know nothing of her. Cross-examined by MR. CLARKSON . Q. What was the disorder the deceased was attacked with? A. The doctor who attended him told me it was a fright he had got, which had turned his whole mass of blood—he had had a fright, through Owen Colllins braking into his door at twelve o'clock at night, when he was in bed—I have known Owen Collins for three years before—I was not married to the deceased—I never said I was, fur ther than he always said so himself—I have said I was married to him—I have not offered to swear it—I know Mr. Jennings is here—I have said where I was married to him, and offered to produce the marriage-certificate—I said it was at Kidderminster we were married—that was all false; but I said it because I did not like to make my character known what it was—I told Mr. Jennings that the reason I said so was, that I might get this money—Owen Collins and the deceased had been on very indifferent terms for about a fortnight before he died—Owen Collins had staid there a week before he broke open the door—that was when the deceased was lying ill, on Saturday night—that caused his illness—I saw the prisoner, for the first time, on the day the deceased died—the prisoner did not ask me where the deceased was—I did not say he was gone out on the morning he died—I did not see the prisoner till he came up into the room—I will take my oath I never saw him till my good man lay dead—I did not tell him he was gone out, and refuse to let him see him—he walked into the room—I did not know he was there, till I turned round and saw him as I was over the corpse crying, and he came into the room. Q. Did not the prisoner desire to have an opportunity of seeing whether the man was dead, and how he had died; and did not he tell you he would fetch a policeman if you did not let him? A. No; the policeman and him came into the room together—I had possession of the Savings' Bank-book after his death—I did not go and try to get the money as soon as he was dead; it was the week after—I said at the Savings Bank that I was his wife; I asked permission to adminster as his wife, and said my name was Collins—I produced the book, and said I wanted to get that money—I made that representation to Mr. Ryland, at the Bank, and to Mr. Jennings—I offered to produce the certificate from Kidderminster. MR. ADOLPHUS . Q. Was all the money that was put into the Bank the money of the deceased, or was part of it yours? A. Yes; it was my money, which I saved when I worked at Kidderminster—it was all mine, it was 30 l .; I had worked at Kidderminster together with him—it was my own money; I saved it myself—the expenses of the funeral amounted to 2 l . 17 s .; and I paid 16 s . 6 d . for the church-yard fees—I never saw Owen Collins after he left, till he broke into the room—I saw him the night befor last, going through the street; he did not speak to me; he has spoken to me since this. MR. CLARKSON . Q. Have you sold any of the furniture which the deceased left? A. Yes; I have made away with all I had nearly. JAMES WELDOM . I am a feather-dresser, and live at Kidderminster. I knew the deceased, John Collins; he worked in my service for above eight years—I often saw him write—( looking at the will ) to the best of my judgment and belief, this signature is not his writing; it is not his writing; it is a different style and character from his altogether—Eakley did not work with him all the time, but for about seven years—she came to him in about a year after he came to me—the deceased's name was John Collins; he always called himself so to me. Cross-examined. Q. When was it the deceased worked for you? A. He left no doubt; I think it is mor than eight years—I have often seen him write; he was my foreman, and used to enter all the goods in a memo randum-book—here is a book; all this is his writing—I did not see him write all of it; I have seen him write some of it. Q. Do you judge that the signature to the will is not his writing, by comparing it with the book? A. No, not at all; but because it is a dif ferent character of writing quite—like this piece of paper—that is his writing; this is quite different fromk the writing on the will—I judge that the writing to the will is not his, by its being so unlike that paper—this is his hand-writing. COURT . Q. How do you know that to be his hand-writing? A. I saw him write that. MR. ADOLPHUS . Q. Suppose you had not that paper to refer to, but trusted to your memory alone, could you venture to say you believed the will not his hand-writing? A. Yes; I could in my judgment and belief say it is not his writing, without referring to that paper; but it was said, if I had his writing I had better bring it. JAMES RYLAND . I am cashier to the London Provident Institution Savings' Bank, Bloomfield-street, Moorfields; Sir Thomas Baring is pre sident, David Bevan, Esq. is one of the trustess. I know the prisoner, by his having applied to our Institution—his first aplication was, I believe, on Wednesday, the 17th of June; he came to make inquiry relativ to the account of John Collins—I cannot say whether any body was with him on the first application—he was told, any inquiry he had to make must be in writing, as he had not the deposit-book to produce—he afterwards came and presented this petition—this is the book of deposits of John Collins:— ( Petition read )—"Honoured Gentlemen, your humble applicant, Owen Collins, whose uncle, John Collins, deposited 30 l . in your honourable Insti tution about four or five weeks ago, and is since deceased—a woma, whom the said uncle has cohabited with, being in possession of the bank-book will not deliver it up—your applicant therefore most sincerely prays your kind advice and assistance for the recovery of the said funded property; and your humble applicant, as in duty bound, will ever pray. Owen Collins, No. 3, Marmaduke-street, Cannon-street-road, St. George's East. To the Gentlemen of the Committee of the London Provident Institution." Cross-examined. Q. Are you the acting person at this Institution? A. On most occasions I am—I have no recollection of the person of the deceased, as he was never there but once, and then he merely paid me the cash—I am not able to say that it was not a woman who paid me the cash—the payment was all made at once, on the 28th of April—the prisoner came to our Bank on the 17th of June—I am not sure whether he was accompanied by another person; but when he made the tion, he was accompanied by the man who purported to be the nephew, Owen Collins. Q. Was not his application, on the 17th, to stop the payment of the money to Eakley if she applied; he tell you the deceased had made a will? A. I should say out; because we entered into no conversation with him—I cannot undertake to say whether he represented that another per son had got the book, and if she applied to take out the money I was to stop it, as there was a will—I should say, he did not mention a will at all; because our time is so valuable, we enter into no conversation with parties who do no produce a book—I was the person who saw him—I told him a person had applied, who purported to be the wife, and most likely told him she had produced the book—I told him I had referred her Mr. Jennings, the proctor—I referred him to Mr. Jennings also—the woman had repre sented herself to me as the wife. Q. Would it not be necessary, in the course of proceedings, for an affida vit of that fact, or a certificate of the marriage, or for administration to be taken out before you paid the money? A. No; under 50 l . it is at the option of the trustees to pay the money without administration; and we very sel dom require a certificate of marriage—all we require is the production of the book and a certificate of the burial—on many occasions we take affida vits or certificates of marriage—sometimes persons of respectbility come forward to vouch the fact, and then we do not require affidavits; we re quire the production of the undertaker's account, and reference to re spectable people—we take an undertaker's account in part of the evidence to prove the person is the person described—I am not aware of any further explantation with the prisoner on Wednesday or Friday—the moment the will was produced, we referred him to the proctor—I believe I gave him a card with Mr. Jennings' direction upon it—on the 16th of June, I stated if he had any application to make he must make it in writing, and on the Friday the explantion I have mentioned took place, and we referred him to Mr. Jennings. MR. CRESWELL . Q. When any cases of doubt or difficulty come before you, do not you invariably send them to Mr. Jennings? A. Yes. COURT . Q. If a person produces the deposit-book, and the neigh bours say that is the wife of the man, you pay it? A. Yes; wherever there is no cause to doubt it. RICHARD WILLIAM JENNINGS . I am a proctor of Doctor's Commons. Cox is an articled clerk of my father's—I saw the prisoner—I cannot state the date exactly—it was respecting a wil from the Savings' Bank—Cox had, before that, made a communication to me—the prisoner produced this will to me—as well as I can recollect, Cox brought the will in to me—the prisoner was in the clerk's office—I believe I had him into my room—the wil was then produced, and I made inquiry of him respecting the execution of the will—(I have some difficulty in calling the order of the circumstances to my mind)—I suggested to him, that the attesting witnesses should attend at our office, to explain the circumstances—an ap pointment was made for their attendance on the following day, I think—they did attend—I am not able to say the day—it was immediately after, and I think the next day, or the day but one after—a person, of the name of Kelly, and a female, named Griffiths, attended—they were the names they gave—the prisoner was them, I believe—I am not quite certain; I really cannot speak positively, for I saw the witnesses in my own room, each person by himself—if the prisoner was there, he was not in the room with them—in consequence of what they stated, I desired the prisoner to be sent to me, if he was there; or when he did come he was to be sent to me; and I saw him in company with Owen Collins—it was a continuation of the transaction—I made some inquiry of the prisoner—he said, he had attended the deceased, and, at the deceased's request, he prepared the will for him; and that the deceased had executed the will in the presence of the persons whose names appeared as attesting witnesses—he said the will was executed in a public-house in Clerkenwell, in the neighbourhood of the deceased's residence—I believe Mutton-hill is near Clerkenwell—Owen Collins was going to make some observation, and I stopped him—in consequence of the interview, I explained to the prisoner the oath it was necessary for him to take, as the executor—he declared that he was per fectly able to take that oath conscientiously—I then directed the clerks, I think Cox, to prepare the necessary process for his being sworn as executor, and to use extreme caution—I do not think that was in the prisoner's presence—I should say, that a discussion took place with the prisoner as to the property—I found descrepanies in his statement, which induced me to be more particular—I only recollect that that was the result of the conversation—at first he stated, that the property exceeded the value of 50 l ., but susequently he said it did not—I do not remember any other descrepancy; but in consequence of that, I was particular in the instructions I gave to my clerks—there is a difference in the stamp-duty, and savings' bank property is exonerated from stamps, where the property is under 50 l .—when the person's whole property does not exceed 50 l .—if he deposited 30 l ., and has 30 l . more beside, that renders him liable to the stamp; but if he has altogether less than 50 l ., the stamp-duty is lower; his being a depositor gives him that privilege—I put a jurat to the will—I was not present, and do not know whether the oath was administered to the prisoner—this is the stamp-office affidavit; it has been sworn, I apprehend, as I believe this to be the signature of the surrogate—I was absent from the office when the prisoner and Owen Collins were given into custody—I was called on to give evidence about a week after—Mrs. Collins had not made any application to me in the mean time—she had previously. Cross-examined. Q. You did not direct the parties to be taken into custody? A. No: as far as I was individually concerned, the matter was going on as if the prisoner was the executor—this is not my prosecution—I saw the woman before I saw the prisoner—I saw her the day before I first saw the prisoner—I cannot tell when it was—she represented her self as the widow of the party deceased—I instructed her to obtain a certificate of her marriage, and asked her where the was married—she told me (I think) at Kidderminster—she said she could obtain a certifi cate, and promised to produce one, mentioning the expense to be an object, which I promised to assist her in—I told the prisoner when he came, that the woman had been, and represented herself as the widow; that she had been married at Kidderminster, and had promised to produce the certifi cate; and he told me that the will he produced was the genuine willl—that Owen Collins was the nephew of the decesed, and that the woman was not his wife—I afterwards taxed the woman with having deceived me—whether she said she had stated what she did to get the money or not, I cannot say; but I think she did not—she said she was entitled to the money—I believe the will was in our possession when I first saw the prisoner. FREDERICK GEORGE COX re-examined . The prisoner came on the Friday, and told me there was a will, and said he would bring it—that was before Mr. Jennings saw him. MR. JENNINGS' Cross-examination continued . I examined the parties separately—I told the prisoner, on the second occasion, that the woman had appointed to come—whether it was the sane day, I do not know—I do not recollect telling him to wait to see her—when the woman attended I gave her sufficient time for the post to pass to get the certificate—I do not recollect having told the prisoner that the woman was coming there that day—I cannot say whether I did or not—I cannot tell whether he waited a considerable time to see her—I believe she attended, according to the ap pointment I made—whether it was on Saturday I cannot tell—I made an appointment for the witnesses to the will to attend, but on what pay I cannot say—they attended in consequence of an appointment. Q. Did not you state at that attendance that you believed the woman was a bad one, and you would give her a day or two to produce her marriage certificate, if she had one? A. I believe I might—I do not think I used the word had one—I said I disbelieved her statement—I cannot tell what day I appointed them to come again—I did not tell them if they came on Wednesday, the 17th, that lettrs of administration would be got out, the will annexed, and forwarded to the Bank on Friday; for the circumtances created a suspicion, and as such we should take longer time than usual to prepare the documents, to get further informa tion—I will undertake to swear I did not say, that on the Friday the letters of administration, with the will annexed, would be sent to the Savings' Bank, for there would not be such a thing wanted at the Bank—I have no recollection of saying that the necessary papers should be at the Bank on Friday—I do not recollect his attending with the woman at our office—I was not there when he was taken into custody. MARY EAKLEY re-examined . The deceased had not any money in a cash-box—he had no cash-box—he had a chest; but the money he had in the box he put in the Savings' Bank—he had 5 l . besides in the box, and that I buried him with. COURT . Q. Was that all the money he had? A. That was every farthing, I am quite certain—I kept the Savings' Bank-book in that box as well as the money—that was every farthing of property that there was in it. MR. CLARKSON to MR. JENNINGS . Q. Would it not be necessary in order to administer in the character she represented herself, for her to make affidavit of the fact? A. Yes. JAMES RYLAND re-examined Q. Were you in the Savings' Bank-office on Friday, when the woman was there as well as the man? A. I do not recollect their being there together—none of the clerks recommended the prisoner to give the woman a sovereign, and get rid of her—this pro secution is at the instance of the Savings' Bank. MARY ANN RIDGWAY . I am married, and live in No. 9, Red-lion-Yard, Red-lion-street, Clerkenwell. On the 12th of June I lived at the Two, Brewers in Vine-street, Hatton-well; it used to be called Mutton-hill—I know the prisoner by sight—I recollect his being at the Two Brewers, on the 12th June—a young man, named Owen Collins, and a woman, naed Mrs. Griffiths, were with him—I had never seen them there before—I know it was the 12th June, because it was the Friday before my master went to Ascot races—they had a pot of half-and-half—they called for a pen ink; and when I took in the pen and ink, they asked for a sheet of writing-paper—I saw the prisoner write something on the sheet of paper which I brought in—I got it from Mr. Wood's, a stationer in Leather-lane—it was about this size—I gave 1 d . for it—it was a similar shape—it was long paper, like that ( foolscap )—I gave 1 d . for it, and the prisoner gave me 1 d . for it—they were there from the to three hours—they had more paper on the table besides that—the prisoner was along time writing—I had seen the parties there before. Cross-examined Q. Are people frequently in the habit of coming in and writing at your house? A. No. THOMAS DORY . I am landlord of the Two Brewers, at Mutton-hill Ridgway was in my service—I went to Ascot races on Tuesday, the 16th of June—on the Friday before that I was at home part of the day—I was abesnt from home five or six hours—I do not recollect the prisoner—I never saw him at my house, to my knowledge. JAMES LEA . I am police-officer of Lambeth-street. I took the pri seoner in custody, I think, on the 19th June, at Mr. Jenninges's Docotors' Commons—I think it was on a Saturday—it may be the Saturday week—I asked him where he lived—he said, "No.30, Glmeester-street, Com mercial-road"—I made inquiry for him there—I found that he had lived there, but bed left three months. Cross-examined. Q. Did you take Owen Collins also? A. Yes—the Magistrate discharged him. MARY COLLINS . I am the wife to Thomas Collins. He was a relation of John or Patrick Collins, deceased, who did on the 11th of June, at a quarter or ten minutes to eleven o'clock in the day—I was with him—he died in my arms—I had been with him ever since half-past six o'clock in the morning—I asked him, in the course of that time, if he was thirsty—he said, "Yes," and I gave him some drink—he said he was very glad I had Saturday to help Mary to keep Owen Collins down staris; for that on the Saturday night he came in, and brokes his door in. Cross-examined Q. Were you beofre the Magistrate? A. No. JAMES LEA re-examined There were four examinations before the Magistrate—this person was there every time, but was not called. THOMAS GLOVER . I live at No. 7, West-street, Smithfield. I get my living by writing fot the Six Clerk's office, Chaneery-lane—I have seen the prisoner write ( looking at the will )—to the best of my knowledge and belief this is the prisoner's hand-writing—according to the best of my knowledge and belief, the sigature, "John Collins," is his writing—it is all one hand-writing—I believe this petition to be in the same hand writing—the signature to this affidavit is his hand-writing to a certainty, and so are the others. Cross-examined Q. Two of these doucments were put into your hand together; did you compare them before you spoke to them? A. I did not compare them, I swear. I am a law-writer—I do a great deal in the Six Clerks'Office, but I get a good living otherwise as well—I attend the ses sions at Clerkenwell, and if a stranger wants instrucations I draw a precipie for them, with instructions for a bill—I am not a hanger-on at Clerkenwell—I am a law-writer, and get my living by writing—I have prepared briefs, and deliverd them to counsel—I am nothing else—I was originally a che mist and apothecary, and lived at No.4, Fore-street, Cripplegate—I was never any thing else—my eldest brother is a lawyer in the country—I gave up chemistry through misfortune—I did not fail, but like a good many young men, when I first started I was very fond of lending my name as an acceptor to my brother-in-law, and had better than 7000 l . to take up in the course of three days, and I paid them 7566 l ., for whcih I had no value—it was my late wife's brother-in-law—I have not accepted any bills since that, I swear—I know Chancery-lane and Sergeant's-inn—I have been there some hundreds of times, when I was clerk to George Eaves, an at torney, in Wych-street, Strand—I was with about two years, and I was with Francis Thomas Champnell, of Middle Temple-buildings—I have left him eight or nine years—I may have through Sergeans's-inn two or three times since—I never went to one of the Judg's Chambers there on any business whatever—I have seen a parcel of men standing at the gate with papers in their hands—I never looked into a glass at those chambers—I deny having stood there myself—I never sttod there with a paper in my life—I have been bail—I have been what is called common bail, perhaps twenty times in my life, but not within these ten years—not since I lost the 7000 l ., to my knowledge—I was a chemist before I was an attorney's clerk—it was not as a chemist I became bail, but when I was a law-writer—I have always gone by the name of Thomas Glover—I never went by any other name as bail—I dare say I might have been bail twenty times—it is impossible to say the date exactly when I was bail last; nut, as near as possible, it may be eight years ago—I swear it is more than five—I have seen the prisoner write frequently at the Spencer's Arms, Clerkenwell—I was at Guildhall—I did not sign any deposition in this case—I did not go two or three times before the Magistrate and make a statement—I made no statement inwriting before the Alderman—I was sworn as a witness—Lea, the officer, found me out on Sunday—I first saw Lea on the matter, about the 17th or 18th of june, and I went before the Magistrate on or about the 20th or 21st—it be after that, certainly—I was sworn when I first went beofre the Magistrate—I stated what I had got to say—I have very seldom been before a Magistrate—to my knowledge it is not usual to take down the statement, and come another day to sign the depositions—I did not get any money when I went before the Magistre—I did not ask for any—I did not attend to sign my deposition—I did not get out of the way because I could get no money—at any hour Lea though proper to find me I was to be found—he knew where I lodged—I never heard that he had been there after me—I did not know it was required that I should attend to sign my deposition—theye never came to me to sign the deposi tion—Lea first found me out at the Spencer's Arms—I knew it was neces sary to sign my deposition, but I did not think there would be any more of it—I did not know any body had been for me to come and sign it—I was subpœnaed here—Mr. Humphrey's clerk served it on Wednesday last—it was on Tuesday, I think, to attend on Wednesday—here it is—nobody required me to go before the Grand Jury—I was in attendence there, and saw Lea—I was not taken in—I did not inquire at the Magis trate's office to know if the case was going on—I was not engaged at Clerkenwell Sessions at the time—there is not a doubt but I was at the public-house—it is a place where people know where to find me—I am not there all day—I did not attend more than once before the Alderman—I had no reason to think that there was going to be an end of the prose cition—I cannot give any reason why I did not go before the Magistrate again, but that I was not applied to—I have seen Mr. Payne, the Magis trate's clerk—I knew his father, and I recollect his face again—I did not receive directions to attend again at the office to sign my depositions, not to my knowledge—I will swear positively I did not. MR. ADOLPHUS . Q. If you had been required at any time to attend and sign your depositions, would you have done so? A. I certainly should have gone—if Lea had told me to go and sign it, I should—I have not been bail for seven or eight years, and at the time there used to be a con siderable crowed at the Judge's door to put in bail—I do not know that it was then common to bring bail, without intending to justify—I have that ir fied bail when I was a housekeeper, worth the money—I have not done it at time when I was not so. MR. WILLIAM PAYNE . I am a clerk to the Justices, at Guildhall. I take the examinations in a minute-book, on the several days on whcih a case is heard, and when it is decided, whether the party is committed or discharged; if committed, the depositions are copied out from of depositions till it is de sign them—we do not reduce them into the form of depositions till it is de cided that the party should be committed—there were four examinations in this case—on the 6th, 8th, 11th, and 18th of July—Glover was examined on the 8th of July—I never saw him at the office afterwards that I am sware of—I gave nothing farther than the usual notice on the 8th of July, that all partice were attend at the next hearing—the prisoner was called on for his defcne on the 8th of July, and I took down a statement he made ( reads )—he said, "The will was written and signed at the Two Brewers, on Mutton-hill, in the parlour—the deceased and Collins were there from twelve till near three o'clock—we had three pots of half-and-half, and the landlord at tende on us—Mr. Griffiths and Kelly were there when the will was finished—I believe Kelly works at the London Dock—Mr. Pattison, of the Bank, got him in—this was read over to the prisoner, and he was asked to sign it—he said it was true, but he should decline signing it, that he did not know whether he should do right. Cross-examined. Q. When persons are remanded, is it not invariably the custom to give all the parice notice to attend at the next examination? A. Yes; I have no doubt was done on the present occasion—after the second examination, a day was fixed for the next, in the presence of the witnesses—I cannot undertake positively to say that the witnesses were told to be there; but it is the usual custom to do so—the day for the next examination was mentioned in the hearing of the witnesses—I expected Glover would attend, to sign his deposition—a depostion was prepared for him to sign—the Alderman expressed his disapprobation at his not being presen to sign it. ( Will read ). "In the name of God amen. I, John Collins, of No. 7, Lamb's-court, Clerkenwell, in the country of Middlesex, flock and feather-dresser, being in sound disposing mind and memory, but being in a low desponding state of health, and considerding the uncertainty of this life, and the perilous situation whcih I am in, and, in case of sudden and unpro vided death, for to aviod contrversies after my deease, I make this as my last will and testament, in manner following: viz, first and prinicpally, I re commaend my soul to God that gave it, and my body I commit to the earth to be deacently intered ; and to all such wordly estate or effects as I am now possessed of, I will and bequeath the same as thus :—I give to my best be loved nephew, Owen Collins, 30 l ., now deposited in the Savings' Bank Moorefields, with all my wearing apparel, and the remainder of my property—namely, my household furnirure, an excellent feather-bed and bedding: I dispose of them, together with 35 l . in cash. now in my chest as follows; that it is my wish and will, if Mary Eakely, with whom I cohabited, conducts herself with affection towards my said nephew, she is to have one-half the last-mentioned property and no more. And I give to an old and esteemed friend, Thomas Dominick Feeley, the sum of 5 l ., and nominate and appoint my said friend, Thomas Dominick Feely, to he my whole executor nad trus tee to this my last will and testment. In witness whereeof I set my hand and seal, this 6th of June 1835.— JOHN COLLINS . "Witness, Edmund Kellys, Sarah Grifflth". Prisoner's Defence. Two or three of the witnesses are perjured—Eak ley and Glover are perjured—as to that publican, he was not there when the will was made—it was his brother, I believe. THOMAS DORY re-examined My brother sometimes attended the house—I was out along with him at that time, and he could not be at my house—I cannot say whether he was at my house on the Friday before Ascot races—he was there in the morning—I have a brother-in-law—he some times attends on the guests at my house—my brother was down there in the morning part of Friday, When I saw was there—he went away about eleven o'clock—I did not leave him there—he did not come back, that day, because I was along with him—I went away directly after him. OWEN COLLINS . I know the prisoner—on Saturday, the 6th of June, he was living in Commercial-road, in Saint George's in the West —I had as uncle, named Collins, living in Lamb-court, Clerkwell—he was living with Eakley—in the week my uncle died I liced in one room of five days befiore in Turk's-head-court now—I lived with mu uncle four of five days before he died, and then went away from him, because Eakley knew I was out—my uncle had sent me out for some things, and she sent me away, and I kicked up a row —she me all the names she could, and I went from ther to live in Turk's-head-court—I went there on the Saturday before he died, whcih was on Thursday—I had come there on Saturday night, and was a little tipsy—my uncle told me, it I was a good friend with those people, pull him out of the court; for he did not like living with those people, that was the truth—on the Friday night before my uncle died, I and Michael Feeley, the prisoner's brother went down to Saint George's in the West, to the prisoner's house—I never had seen him before—my uncle told me whever I could find Dominick Feeley to go after him, and he gave me 1 s ., to treat him with two pints of beer, if I could see him, and he said, "Bring Dominick Feeley to me here, to see me right; for I do not like to stop with this woman here; I will go away from her"—my uncle did not tell me waht he wanted him for; but he said be wanted to get away from this woman altogether; that he did like her—that was before I left his house—he lived on Safron-bill before that—it was on the after the night before house"—he lived on Saftron-bill before that—it was on the Friday prisoner and his brother—I found him, but I did not know what concern my uncle sent about—I told him my uncle sent me for him, and would like to see to-morrow, and he came just at twelve o'clock in the day, on Saturday—my uncle was at home—Eakley was at home and I had dinner with her—my uncle was with Feelay at the Two Brewers, on Saffron-hill—he was not at my uncle's house at all—he met him outside the court, on the way. Q. What became of the prisoner and your uncle? A. They went to the Two Brewers, on Mutton-hill and had three pots of half-and-half—I was there part of the time—I had my hand in a sling my uncle told me not to let this woman know where I was and I said I was going to put some water on my hand at the pump—Feeley and my uncle went into the Two Brewers and had some half-and-half together and then I went in and had a drink out of the half-and-half, and then went out to put some watr on my hand at the pump, and then went home to this woman, and had may dinner—she asked me where my uncle was—I did not tell her because my uncle told me to be in and out, watching his prperty because he wanted to go away from this woman and for fear I should tell any thing he would not let me drink much out of the half-and-half—my uncle told me, if she asked me, not to tell her where he was—I did not tell, and for that reason she told me to be off on the Saturday night: and said I should not sleep there any longer and I went to Turks Head-court, after I had my dinner—I never stopped till I went to the public-house and had a drink of half-and-half, where my uncle and the prisoner was—I cannot exactly tell the time I went into the parlour, had some half-and-hal, and then went and got a pump of water on my hand, in Hatton-garden, which is very near where she was living—I cannot tell how many times I went to the Two Brewers—I saw my uncle and the prisoner writing but I did not see what they were writing—they did not let me know what they were writing but my uncle always said, "Be a good boy and do what is right, and I will take care of you always"—I saw the prisoner writing on the table—I did not see my uncle write—there was nobody in the room but my uncle and the prisoner and he said, "Go and look after that woman she will run away with my things"—I did not see Grifiths or Edward Kelly there; but they could go there—on the Thursday after that, my uncle was dying and I was going up stairs, Eakley said, "You villain, I will not let you up you shall not see him;" and I would not go up—I saw my uncle after he was dead and slept there two nights after he was dead and saw him buried—the prisoner did not go with to the house at any time—I met him outside the first day, the day my uncle went with him—I did mot see him there after my uncle died—after my uncle died'I went with the prisoner to the Savings' Bank and we stopped the money at the Bank, because this woman wanted to do me out of my uncle's things—she has pawned my uncle's clothes and things—she would not give me any thing but his coat and waistcoat which I have on now—she has pawned the rest and spent the money in drink—I cannot write—I did not see any will signed—I am quite sure my uncle waas at the Two Brewers that day. MR. ADOLPHUS . Q. You saw the prisoner write? A. Yes—I did not know him before the Friday, but I knew his name and I know his people at home—I had gone to my uncle's about the Monday morning and was turned ont on the Saturday night—I do not know when he came to town from Kidderninster—he had been in town about six weeks before he died I think—I saw him the very day he came from Kidderminster—I do not know who wrote my name to this petition—I suppose if any body wrote it, it must be the prisoner—most likely he wrote the petition for me—before he went to the Savings' Bank he had a paper in his hand, and was writing when I went in, but he did not tell me what it was—I know very well my uncle would not let me want sixpence—I never applied to him for sixpence and was refused—he would give me a sovereign as soon as sixpence, and he usd to send me plenty of money when out of work—I know John Eakley—I did not ask him to apply to my uncle died—I saw Mrs. Eakley when I was a prisoner going through the street that is all—I have seen her within this two or three days, and almost every day in the week—I pass by her to go to work—I did not tell her I would have my money, in spite of her—I never said a word to her; but I cannot go into a public-house, and have half a pint of beer, but she and another woman come in after me clapping their pockets and saying, "There is plenty of money here"—I never said I would have her money in spite of her—I say the real truth, that it is not her money—I never said anything about the money to her—I told her, when my uncle died, that it was not her money, because the prisoner told me what was done when he died—I did not know it till he died. COURT . Q. You did not know the will was in your favour until your uncle was dead, did you neither from your uncle or the prisoner? A. But once I heard of the will —I always said it was not her money—I did not know there was such a will till after my uncle was dead—there was no will made after my uncle was dead. MR. ADOLPHUS . Q. You think no will was made after your uncle was dead? A. No, I think not—this girl says I was at the public-house with the prisoner, after my uncle died—I heard her say it—I was before the Magistrate—I knew nothing about my uncle having made a will in my favour until he died then the prisoner came up to me and told me the will was mad and he had put it in the Commons as soon as they could—he told me so after my uncle's death—I was not with him when he opened my uncle's mouth and eyes—he did not tell me of it the day my uncle died—I did not see him next day—I saw him the day after and he told me the will was all right and my uncle had left me the money—I took him to the public-house on the Saturday, at twelve o'clock, with my uncle but I did not know what my uncle had sent me to him about—I went out from time to time to water my hand as my finger was broken—I was in and out there, but did not stop three minutes at a time—he would not let me stop within—he told me to be in and out that the woman should not go off with the things—I used to stop two minutes at the public-house and be off again—I went right through the parlour drank the half-and-half, and went out again—I was in and out from twelve to three o'clock—the landlord is quite a stranger to me—I do not know whether it was him or his brother-in-law that I saw thjere—I saw his brother-in-law or him; but I am sure one of them brought three pints of half-and-half. SARAH GRIFFITHS . In June last, I lived in Marmaduke-street, St. George, East. I have known the prisoner seventeen years, and have lived with him as his wife—I was married to him once—it was said that he had another wife living—I now live in Edward-street, Blackfriars-road—he was tried for bigamy for marrying me—I have not lived with him since that—I have seen him sometimes, but never to live with him—I saw a woman they said was his wife, produced in this court but it was not regu larly produced, I think—I did not speak to him for five years afterwards he was only confined three months on account of his character—on the 6th of June, I went to the Two Brewers—it was the Saturday before Whitsunday—it was from between the hours of twelve, or one and three o'clock—from the hours of one till near upon three o'clock—until past two o'clock—it might be past one o'clock—I am not exactly paticular to a few minutes—it was between one and two o'clock—I never saw the deceased before that day, or since—I know Edmund Kelly—he was at the Two Brewers—it was soner was there—I saw a paper signed at the Two Brewers. Q. Who signed it first? A. John Collins; they said that was his name, and Edmund Kelly next—he had known him some years, and I singed last—this "Sarah Griffiths" ( looking at the will ) is my writing, and that is Kelly's and that is the man's calling himself John Collins—I saw nhim put his name to the paper—he stooped to do it—he leaned on the table, and did not sit down—the prisoner did not sign it—he read the Will—he never touched it after he read it—John Collins signed it first—Kelly and I next—I remember Friday, the 12th of June; I was not at the Two Brewers then; I was at home, at Marmaduker-street, till nearly two o'clock and from there went to Mr. Smith's, in the Borough—no paper ws sent for while I was at the Two Brewers—it was nearly written when I got there—I heard John Collins say that Owen Collins was his hephew—he said he wished him to be protected, for afriad of being made away with. COURT . Q. Who was afraid of being made away with? A. John Collins said he was afrid of being made away with; for he had fallen into very bad hands, and wished to get away from some woman who he was with—he said he was afriad of being burked ? that was the word he used. Q. How came you at the Two Brewers? A. On the 5th, the evening previous to the Saturday, Owen Collins called with a person named Feeley, at my house, to know if Dominick Feeley (the prisoner) was there—he was there—it was as late as ten o'clock and he asked him if be would go and interfere on behalf of Owen Collins, on the morrow; to go and inter fere, to take his property from the hand of this woman. Q. Then Owen Collins asked Feeley if he go the following morning to interfere about his property being in the hand of this wo man? A. Yes; there was another person with Owen Collins, of the name of Michacl Feeley—he was to interfere about John Collins's pro perty, who was afraid of being made away with—he appointed to meet John Collins next day, at twelve o'clock—he went at twelve o'clock and met him; and asked me to be so good to come to him at the Two Brewers—I did not know what it was for, until I went. MR. ADOLPHUS . Q. How long did you live with the prisoner as his wife? A. A very little while—I do not think it was six months—it is seven years ago since I lived with him as his wife—I have seen him frequently since that time, but not to live with him—sometimes not for a months together, somntimes six weeks, and sometimes two three times a week. Q. In all that time did you know of his having an old friend called John or Patrick Collins? A. I was not acquainted with his acquaintances—I never heard the name, to my knowledge—I do not live in Marmaduke-street now—I have property of my own, and have lived on that since I have parted from the prisoner—I believe the prisoner lodged in Ray-street and sometimes in his own house, in Gloucester-street, Commercial-road—he was at my house when Owenn Collins and Michael Feeley came to ask for him—Michael Feeley is the prisoner's brother, and he married my sister, Q. Then you were to talk from Commercial-road to Mutton-hill without knowing what for? A. I had other husiness to do—I was going to see a friend at the west-enjd of the town, in Carburton-street—they did not come to fetch me to go to Mutton-hill—the prisoner asked me to call, as he was going there—he did not tell me for what—he had not been staying with me, he had been there above half-an-hour, I suppose—he was not going to stop there. Q. When was the appointment made for you to come? A. He called on me next morning, at ten o'clock, and asked me—Kelly went with me to Mutton-hill—I went to Kelly's house to see his wife she was an invalid—I got there at half-past twelve: I think it is in Currier's-court, London-wall; it was all in my road—I believe it was half-past one whe I got to the public-house on Mutton-hill—I think it was between one and two—I did not stop twently-mintes there—the will was nearly done when I got there—I knew the prisoner's writning at the time I lived with him—this will is hand-writing ( looking at it )—this "John Collins," at the bottom, is not like his hand-writing—this ius John Collins' writing; it is not at all like the prisoner's writing he never wrote it; in my judgement, it is no like his writing—I believe this petition to be the prisoner's hand-writing; it looks like it—this name of "Owen Collins," at the bottom, looks like his writing; but I cannot say: if I was struck to death, I believe it to be his—I came with Kelly to the house—whether Kelly went out when I did, I cannot say—he came to the door—I did not go away with him—he came out at the door, but did not go my way—whether he went in again, I cannot say—I did not see the landlord of the house—I did not see Owen Collins there—there was the prisoner and John Collins, as they said, and Kelly, and myself—I did not see any body else—no paper was sent for while I was there—there was a man back wards and forwards at the door, but he never came in—I sopke to a female outside, but not it the room—I went and asked for her, and she conducted meto a place a tlittle way out of the premises. Q. That was the day the will was executed? A. As I hope to see my Maker, it was—I was never there on any other occasion inmy life—oh! I called there on the Saturday following, the 20th COURT . Q. What kind of man John Collins? A. A littleish man; a little dark complexion, rather sallow. MR. ADOLPHUS . Q. What did you call there for on the Saturday following? A. Feeley called on me, and said ther was a great demur, and I called on Mr. Jennings and he was perfectly satisfied at the time—Kelly said he was going into the country, and if I would go to the Two Brewers, he had something he would sell me; and I went—there was an observation about picture, and things in the room—that was the only time I was ther, excep when the will was executed—it was after I saw Mr. Jennings that I went to the Two Brewers—the prisoner went with me, also Kelly, and Owen Collins. Q. Ppray, are you at all acquainted with the Court of the Old Bailey? A. Not particularly—I was tried here—I do not know how long ago—I cannot exactly tell—a person had put something into my basket—I really do not know how long it is ago—it was since I was married to the prisoner, and since I parted from him—I was confined for three years; it was for steal ing two small glasses, the value of 1 s . 6 d —they were put into my basket—my senteance was not seven years transportation, mitigated to three years'—I was never in the prison—it is very hard to ask me that—I am ex tremely sorry you should ask me that—I am not come to tell a story? Q. Was you not sentenced to Seven Years' transportation? A. You may say as long as you please; I will not contradiet you—I dare say, I could have the best of characters—the first people in the kingdom come to these misfotunes—I was no theif—fthey sent me to the Penitentiary for four years. COURT . Q. Describe Collins' person? A. He was a little man, and sallow—I did not look at him much—he looked very sallow, and was not a young man—he leaned on the table to sign the doucement, and then sat down, and begged and prayed of the prisoner to see to his property—he said he had 25 l . in his box, and money in the Bank, and wished it to be taken care of—he wanted to make it to Dominick Feeley; but he said no, he would have nothing to do withit; it would be expensive to have an attor ney, and the only thing he wished him to do was to make a will—he sat facing the table—I only observed one window to the room. ---- BARTON ( Police-sergeant, 1 G. ) On the 11th of June, the pri soner came to me at the station-house, and made a representation to me about one Collins, of Lamb-court, and I acompained him to Lamb-court, and after that to the doctor, who was said to have attended him. JAMES WELDOM re-examined John Collins was in my service eight years—he was not much different from the prisoner in size and person—he had a fiush in his cheek, but was rather sallow and bald his head. GUILTY .— Death Aged 53 . 1695. PETER EASTMEAD MILLETT was indicted for embezzle ment. MR. CLARSON conducted the Prosecution. WILLIAM WILLIS . I am an attorney and solicitor, and live in Sloane-street Chelsea. The prisoner was my clerk from 1823 to 1833—he was considerably in my confidence, and was authorised to recieve and pay money on my account—when he recived money, he was to pay it imme diatley to me—he was not in parthership with me—he had 70 l . when he first came to me, and I increased it to 100 l —Charles and William Salmom were clients of mine—I had done some husiness for them respecting an assignment in trust in 1833—they were indebted to me the sum of 24 l —I had a case in my office, "Budd against Armisted," in 1833—there was 22 l . due to mein that cause, I belive; but being in possession of the papers, I cannot exactly say—a client, of the name of Wood, owed me 10 l —the prisoner never accounted to me for any of these sums—at the time he left me I was not aware that these sums had been received—he left me in November, 1833—he was attending a cause, unknown to me, in my name, and he absented himself—I found a de falcation in his accounts early in the following years, and caused him to be apprehended in May, 1834—he was examined before Mr. White, at Queen-square, twice—Mr. White dismissed the charge I afterwards went before a Grand Jury and preferred this charge—I gave the prisoner notice of my intention of doing so at Queen-square—he was not forthcom ing after that—I believe he left Chelsea immediatly I obtained a Bench-warrant—I recived notices of bail, but no bail was put in—I have exa mined my books since the prisoner left—the account of Salmon is in the prisoner's handwriting—it sets out an account of 24 l . due to me—here are several items entereed, amking 24 l . it isan account of bussiness done and money expended—the next item is, "Cash 15 l .; and in a cir cumflex is "Accounted for in Mr. Dudley's account"—and then there is "Taken off bill, deed not registered, 2 l ., "—that leaves 7 .; and he has written, Received, September 7th 1833, 7 l "—that debits himself with 15 l . and 7 l .—in consequence of this mode of accounting for the 24 l ., I made inquiry of Dudley, my clerk, and also Salmon—the prisoner do not not account for the 22 l . in "Budd against Armistead," or the 10 l . received of Wood. Cross-examined by MR. ADLOPHUS . Q. How long have you an attorney? A. Since 1818—the prisoner was my manging clerk not quite ten years—he manged my business in-doors and out—I did part of it—I lived with him on terms of great intimacy and friendship—I have asked him to stop and dine with me, when I was busy, and when I was not—he recived all the paid private bills—he never apid my tradesman when I bad not maoney to pay myself—he never paid his own money for me—I entered into a building speculation, and was short of money—Mr. Chitty, my special pleader, brought an action against me, and I belive he recorded judgment against me; also Mr. Harwood, my con veyancer, and Mr. Tebbs—Mr. Frazier, my clerk in Court, brought actions against me—Mills and wife were clients, and they broguth an action against me. Q. Did not the prisoner settle every one of those actions with his own money? A. He came to me with hardly a coat on his back—he could not have money—I owed Harmen, a wine-merchant, money—I was guarantee for 150 l . to one Seager, through the prisoner, and he broguht an action against me for it—I was sued by Alger, a butcher, throguh the prisoner; it was a just debt—Mrs. Knight had an action against me—the prisoner settled those actions with my money—I settled some of them, myself with my won hand—I settled Knight's—I do not know hpow much it was—it might be 20 l Q. Was ther a transaction between you and him, by virtue of which you held yourself in a promise to pay him 258 l ? A. There was—I did not promise to pay him 258 l —he had a sum of monay left him; at least a will was made, and it was afterwards made in favour of another person, who was my uncle's servant—I had originally 400 l .; for hands, out of whcih I paid as much as reduced it to less than 258 l .; for she owed me a bill—I promised the prisoner if he conducted himself with propriety while he was in my office, he should no the a loser by the other will being made—that may be two or three years ago—it might be twelve months before he left—I gave him a great deal of that money—I have not had receipts for it—tghe money was bequesathed to my uncle's servant—I do not know that the bequest was not valid—it has been claimed by the executor. COURT . Q. Who put the money into your hands? A. A woman named White—the prisoner recived the money, as my clerk, and I allowed Mrs. White five per cent. interest on it, and she bequesthed it to the prisoner—I believe I have seen the will—I am not quite certain—my clerk was one of the attesting witnesses—my debt reduced the 400 l . to under 200 l —I do not know when the will was made, which left it to the prisoner—it was made by him—I do not know who made the other will—I told the pri soner, if he conducted himself well, I would make it up to him; he should not be a loser. MR. ADOLPHUS . Q. Did you not say to Mr. Riley, the prisoner's attorney, that you knew you had engaged to pay that money, but the law would not compel you to perform that engagement? A. I have no recollection of it—I cannot swear I did not say so—he had robbed me of more than that—I have paid him and things for him 106 l . out of it. Q. Did he draw his salary regularly? A. He had his salary when he wanted it—an account was kept of it in the general disbursements—I have not the book here—he kept the book up to the 1st of Jaunary, 1833—here is Mr. Dudley's disbursement-book—here is the prisoner's disbursement-book—it is not made up—here it is( reads )—"8 l . 13 s . 9 d ., including balance of salary to this day, 8th of October, 1833"—Mr. Dudley paid him his salary up to August last—it was 2 l . a week—I think he had 70 l . for the first two or three years—then it was increased to 100 l ., besides giving him a present at Christmas—I have paid money for the prisoner—he never paid money for me, except with my ownmoney—I have paid tailor's bills for him—if he received money from a client, it was his duty to hand it over to me on receiving it, and not pay it away in his disbursements—he left my service in November, 1833, and went to Mr. Riley's; at least I have seen him there—I never sent to desire him to come back to my service; only to make up his accounts—I believed I sent that message by Dudley—I am not certain—I sent it about the 12th or 13th of November, I think; it was immediately after the trail of the came I named, but he did not come—I went to Queen-square about this in May, 1834, a very few days after I made the discovery—I declined having any communication with him, when I found he was deficient in his accounts—I believe he had brought an action against me for defamation of cha racter, before I went to Queen-square—I attended twice at Queen-square in ome week—I believe he was there three times—a day was appointed for me to be there, and I attended—I took him by a warrant the first time—the Magistrate discharged him, on his promise to appear again; and he did appear—he said the 15 l . might have been entered by a mistake—I have letter which I received from the prisoner—I did not understand he was discharged on account of that letter and not having an opportunity of explaining hinself—he did not recommend a good many clients—I did bu siness for Mr. Budd through him—I promised him remuneration for what business he brought—I did not promise to allow him an agency—I never said I had made him such a promise—Mr. Budd is dead—I have done business for the window since. MR. CLARKSON . Q. You sent to the prisoner about the 12th or 13th of November to come and make up his accounts? A. Yes; I was not sure that he was about to leave—he left without notice—he did not come—that induced me to examine my accounts, and after that I went before the Magistrate—the will or money has nothing to do with either of the sums in the indictment. Prisoner. Q. Did I ever make an entry in the books, of actions settled by me for you, or the cash I paid for that purpose? A. In my memo rendum-book which I have left at home, there is—I have the receipts—he never paid any money of his own for me. WILLIAM SALMON . I am a market gardener at Chelsea. I was in partnership with my brother Charles, who is since deceased—in August. 1833, I was indebted to Willis 24 l .—on the 13th or 16th of August, the prisoner applied to me for 24 l . 5 s . 10 d .—I paid him 9 l . 5 s .10 d ., and my brother paid him 15 l ., in my presence—I cannot exactly say whether it was on the same day—it was on account of Mr. Hughes—these are the receipts, written by the prisoner in my presence—he wrote on the bill "Cash on account 15 l ., "when I paid it, and drew a balance of 9 l . 5 s . 10 d . ( receipts read, dated 16 th and 31 st of August ). Cross-examined by MR. BODKIN . Q. How long had Willis been your attorney? A. Not before—the introduction, I believe, was through the prisoner; my brother was the cause of it. JAMES RICHARDSON DUDLEY . I was formerly clerk to Mr. Willis. I left him in August 1833—here is an entry, "Cash accounted for in Mr. Dudley's account, 15 l .;" there was no such aum accounted for in my account—I never received that from the prisoner—he never desired to place it to my account, nor mentioned it to me. Cross-examined. Q. Were you in Mr. Willia's service on the 16th of August? A. I cannot exactly say the day; it was within a day or two before or after that, that I left—I have some accounts here which ware delivered to me by the prisoner—he used to give me tha account of his disbursements—I have not his hand-writing for them—he gave me there on a slip of paper, and I copied them into my book—he gave me them on account, about the 4th or 5th of August—I have that account here—this 15 l . is not in it—I left through ill health, suddenly—I did not intend to return—I had announced that to Mr. Willis, and I had talked with the pri soner about my not returning—I was going to take a school—I never heard of this sum of 15 l —I never asked him for the particulars of the disburse ments applying to that 15 l ., to my recollection—there is no charge in his accounts for stamps or engrossing a deed, and other things, in the case of Salmon. COURT . Q. Here is "Instruction to counsel", and various payments charged in the bill; before your master would have a claim against Salmon for 24 l . all these disbursements must have been made? A. Certainly; I never heard a complaint that those expenses were not paid. MR. ADOLPHUS . Q. Was there any complsint that the stamps were not paid for? A. No; the law-station did not come for the engrossing-money while I was there—I never saw a book in which the prisoner takes credit to himself for stamps in these disbursements—he never told me any thing about it. MR. CLARKSON Q. Do you know that he ever paid a farthing for counsel-fees, stamps, or any thing? A. I never knew it—my disburse ments are made up to the 4th or 5th of August, 1833—his disbursenments are made up to 1832, I balieve—there is no account of any disbursments made by him since 1832—the accounts were rendered to me after that—he never accounted to me for the 15 l . Prisoner. Q. Where is the last account of disbursements made by me? A. He gave me an account of his disbursements up to the time I left Mr. Willis—they are in this book—no account was rendered to me of any disbursements made in Salmon's case. Prisoner. Q. Where is the last item of disbursements I made up in Mr. Willis's office; and are they not not made up for two years, and still remain open? A. This book is my writingm, but it goes up to 1831. from your statement—that is the last account I have of his disbursments. COURT . Q. Was he in the habit of making disbursements after that? A. Yes: they are accounted for in his diary, hich contains an account of money received by him, and paid—there is no entry in reference to Salmon's business. WILLIAMS DEAN . I am a solicitor. I was concerned in the case of Budd against Armisread, and I have seen the prisoner repeatedly during the progress of this business—he gave me one receipt, signed, "W. Willis"—I paid him 10 l . on the 20th of April, 1833—I did not take his receipt—on the 29th of the same month, I paid him 12 l . Cross-examined. Q. On whose account did you pay it? A. On behalf of the defendant—the case was then in progress—we had agreed to give a cognovit—the 10 l . was paid on account of it, and the 12 l . a week after wards—it was agreed to be 22 l . in all—the cognovit was executed at the same moment as I paid him the 10 l . JOHN WOOD . I Keep the Bag of Nails public-house, Pimlico. In August, 1833, I owed Mr. Willis some money for costs—the prisoner called, and I paid him 10 l .—have his receipt. Cross-examined by MR. BODKIN . Q. I believe you have been a good deal acquainted with the prisoner? A. Yes; I was intriduced to Mr. Willis's office by him—he left Mr. Willis about three years ago, to the best of my recollection—I went with Willis to prevail on the prisoner to return—Mr. Willis said that Mr. Millet should not be the loser of the money he was holding of Mrs. White's—it was in consequence of that he returned. COURT to J. R. DUDLEY . Q. was the prisoner in the habit of marking dis bursements between 1831 and 1833? A. He was—they must have con siderably exceeded 30 l . or 40 l .; I should say it was some hundreds—he was intrusted to pay such things as might be requited out of any funds in his possession; fees, or any thing of that kind. (The prisoner, in a long address to the Court, stated, that he had the exclusive management of the prosecutor's business for eleven years, during which he received and paid various sums; the account of his disbursements were on slips of paper, which were in the prosecutor's office, and be could not get access to them; that he was engaged as "managing agent," and was to have half the profits of the business he procured; and that the prosecutor had promised him 264 l ., arising from the will of Mrs. White, none of which he had received; and that his brother had discounted various acceptances of the prosecutor's; some of which were dishonoured). WILLIAM WILLIS re-examined. Q. How came you to allow the dis bursements to remain open? A. He would not make them up—I have not here the means of showing that he did not expend a larger sum than he recevied. The letter referred to was here read, as follows. "To W. Willis, Esq.—Sir, I harewith inclose two accounts; the first, in relation to Mrs. White's money, due to me, beyond all doubt, from your acknowledgment to poor Budd, who is gone; and my sister, and Mr. John Wood: the other, in relation to the arrears of salary, due to me, resulting from Mr. Budd's business: if there is any matter of elucidation about them, or about any other current or past business, I will attend at any time you may mention. As I shall trust this parcel to be delivered by the servant, I have not deemed it safe to put into it Mr. Steward's lease and other papers. I need not say such papers, &c. shall be forthwith forwarded. You might have had the key of my desk at any hour, without breaking it open; as to receiving money, God help me! I wish to heaven I could see 10 s . in the pound for the amount due to me.— P.E. MILLETT ". NOT GUILTY . 1696. EDWARD TONKIN was indicted for stealing, on the 16th of July , 16 lbs. of copper, value 12 s .; and 9lbs. of lead, value 1 s . 6 d .; the goods of Frederick Bowman and another, his masters. MR. PHILLIPS conducted the Prosecution . SAMUEL KUSEL . I am in the employ of Frederick Bowman and Son. I am superintendent of the mechanies—my masters are sugar-reginers—the prisoner was in their employ as plumber—in consequence of something my master said, I unrolled some lead, on the 15th of July, and rolled it up again, and marked it with the point of a pricker—the prisoner, and we missed the lead. THOMAS WILLIAMS . I am plumber in the employ of Messrs. Bowman, and Son, the prisoner was in 15th and 16th July, working at some copper—I saw him with a piece of copper on the board. THOMAS SHELSWELL . I am an officer. On Thursday mornings, the 16th of July, I was watching the prosecutor's premises, and saw the prisoner come out—I followed him to a passage in Back-church-lane, belonging to Mr. West, the iron-founder—I asked him if his name was Tonkin—he said, "Yes"—I said, "I have been looking for you; I should like to see what you have about you"—he threw looking for you; I should like to see—that did not satisfy me—I found attached to his slings this copper and lead—I said, "I should like to know where you got this frond"—he said, "You know as well as I do"—I took him and the property to the office. GEORGE BUSH . I am watchman to the prosecutor. I was with the officer when he stopped the prisoner—what he has stated is correct. (Edward Benton, a carver, gave the prisoner a good character). GUILTY . Aged 23. Recommended to mercy by the Jury. — Confined Three Months . 1697. JOHN DOLPHIN was indicted for stealing, on the 9th of July , 1 handkerchief, value 3 s ., the goods of William James Cockerill , from his person. WILLIAM JAMES COCKERILL . I live in the Pultry. On the evening of the 9th of July, I was in King William-street, in compnay with Mr. Van De Wall—I felt some one at my pocket; I turned, and seized the prisoner, who was very near me—he said, "It is not me"—the handkerchief was then on the ground—a gentleman came and gave it to me. PHILIP VAN DE WALL . I live in Chapel-street. Finshury-square. I was walking with the prosecutor—he suddenly withdrew his arm from me—I heard the word "Stop him "—I turned and saw the prisoner—I seized him by one of his handsm, and in the other hand I saw the handkerchief—it was a white handkerchief, with black marks—I believe it was the same that was picked up afterwards. Prisoner I asked what he had got hold of me for—he said, "For taking a gentleman's handkerchief"—I said it was false—they stood there with me, and this gentleman came and brought the handkerchief. JOSIAH BORMAN . I was walking a distance behind—I saw the hand kerchief go from Mr. Cockerill's pocket, and immediately I saw it thrown on the ground—I picked it up—the prisone was near enough to him to take it—I did not see who took it. Prisoner . That gentleman said he could not swear who took the pocket handkerchief. GUILTY . Aged 21.— Transported for Seven Years . 1698. JOHN PETERS was indicted for stealing, on the 27th of July , 3 sovereigns, 3 half-crowns, 5 shillings, and 2 sixpences; the monies of Richard Wildomiss . The prosecutor's name being Wilderness, the prisoner was ACQUITTED . 1699. MARK STROUD was indicted for stealing, on the 8th of July , 24 song books, value 1 s .; 1 1/4 lbs. weight of sewing cotton, value 3 s . 8 d .; 12 stay laces, value 1 s .; and 1 yard of canvas, value 4 d .; the goods of Partick Neal . PATRICK NEAL . I live at Barnet. On Wednesday, the 8th of Jury, I went there in a London coach, and stopped at Howards beer-shop—the prisoner followed me in, and begged for a draft of cold water; being in a seaman's dress, I ordered him a pint of beer, and gave him 1 1/2 d . to get shaved, and gave him his breakfast—I came away him to the Hop pole—he carried my bag to the house—I had three pints of beer there, and went to sleep—when I awoke I missed the prisoner—I opened my bag, and a parcel was taken out, containing cotton and song books, which I sell about. ANN PEACH . My father keeps the Hop-pole, at Barnet. The prose cutor and prisoner came to the house—the prosecutor fell asleep, and I saw the prisoner take a parcel out of the bag, and go away—my mother awoke the prosecutor. NELSON SMITH . I am a constable. I apprehended the prisoner at the White Hotse, at Potter's Bar, three miles from Barnet, with this bundle. ( Property produced and swora to .) Prisoner's Defence I asked him to give me the remainder of kisvictuals—he said I might have it, and I took this by mistake for it. GUILTY . Aged 29.— Confined Three Months . 1700. HENRY HARRIS was indicted for stealing, on the 26th of July , 1 handkerchief, value 3 s ., the goods of Henry Thomas , from his person. HENRY THOMAS . On the 26th of July, about eleven o'clock in the morning, I was in Bishopsgate-street, near the Catherine Wheel—I felt a tug at my pocket, and missed my handkerchief—the prisone was crossing the road, about six feet from me—I took him just on the other side—I crossed over, with my friend, and collared him—I asked him for my hand kerchief—he said he had not got it—I said I was sure he had—a lady came by, and said a policeman was at the corner of Union-street—my friend went to look for him, and the prisoner drew back, as if to strike me—he wrenched himself from my grap, and ran off to the corner of a court—I followed him down several courts, till I came up with him in Board-street Building—a policeman came and took him—the handker chief was found under his arm at the station-house—this is it. THOMAS MARRIOTT . I was with the prosecutor—his statement is quite correct—I saw the handkerchief found on the prisoner. Prisoner I picked it up, and asked the gentleman if there was a mark on it—he said not, and then said there was. HENRY THOMAS re-examined . He denied having it, and never asked me any question about it—he said, at the station-house, that it was his Sunday handkerchief. THOMAS SMITH ( Police-constable ) I took him into custody, and found the handkerchief under his arm, under his coat and shirt, at the station-house. Prisoner. Q. Did not I give it you out of my breast? A. No; I took it myself. GUILTY .† Aged 17.— Confined Six Months and Whipped. 1701. JOHN CARTHY was indicted for stealing, on the 17th of July . 5 3/4 lbs. weight of coffee, value 5 s ., the goods of the West India Dock Company . THOMAS PLUM . I am a principal servant, employed at Nos. 1 and 2 ware-house in the West India Docks. On the 15th of July, I missed a quantity of coffee, from a bag on the ground-floor of No. 1 warehouse—I reported it to Foy, and on the 17th, I missed about 5 3/4 lbs. weight—the prisoner was not employed in that department, but about the Docks. Cross-examined by MR. PHILLIPS . Q. Had be been any lenght of there in the employ of the Company? A. Not constantly—I have known him employed there three or four years. JOHN FOY . I am a principle officer of the police employed at the West India Docks. The prisoner was not employed there on the 17th of July—I employed William Thomas to watch the coffee—I afterwards received from Fairbairn, 5 3/4 lbs. weight of raw coffee—I asked the prisoner how he became possessed of it—he said it had been given to him by a wagoner, that morning, in the Commercial-road—this conversation was within the premised of the Dock—I asked him if the wagoner was going to Londonor coming from it—he said he was going to town; that he was a perfect stranger, but he thought he should know him if he saw him. Cross-examined. Q. How long have you known the prisoner? A. Four or five years; probably longer. WILLIAM THOMAS . I am a watchman in the Docks. On the 17th of July I was placed in No. 1 warehouse, to watch the coffee, and in the morning saw the prisoner enter the warehouse, about half-past ten o'clock, and go to where the coffee was concealed, and take it from behind the bag; he pulled up his stocking and tied the coffce in it—he heard me coming out from where I was, and tried to escape, but I seized him, and fould it on him. GUILTY . Aged 49.— Confined Six Months . 1702. CHRISTOPHER STEPNEY ; was indicted for stealing, on the 9th of July , 104 crowns, the monies of Charles Fell . CHARLES FELL . I live at Hatton, in East Bedford, and am a coal-dealer. On the 4th of July, I put an old stocking, with a quantity of silver, between the rafters of my ceiling, over a nine-inch wall, in the tiling of my dwelling-house—the prisoner was employed in cutting grass—on the 8th of July, when I was in bed and asleep, he came and hallooed out, "Master Fell, we have cut your grass"—I had paid a man at nine o'clock that night, for cutting it—I went to sleep again—next morning, a man named Coombs gave me information at Hounslow, and I went to the Cricketer's public-house and saw the prisoner there—he had my stocking in his hand, and part of the money in it—I gave it to Parnham till I fetched a constable, who took the bage from Parhnam—there was 26 l . in it when I put them in—eighteen crown-pieces were found loose, on the prisoner, and seventy-nine in the stocking. Cross-examined by MR. PHILLIPS . Q. Was it not the tiles of your stable that you put the bag? A. No: I shoved it under the wall into the loft—a person could get to the loft by going into the stable, but cound not see it without going to search for it—it was not hanging down when I put it in—when he came and said he had done mowing, I called out to him that I had settled for it with the man I employed—he was very much in liquor. ROBERT PARNHAM . I live at Hounslow. As I was passing the Crick eter's on the 9th of July, I saw the prisoner at the door, he had one hand full of loose crown-pieces, and in the other hand a stocking, containing a quantity of crown-pieces—he was lying fast asleep on the foot-path, in a state of intoxication—I sent for a constable—the prosecutor came up and gave him in charge—there were 102 crown-pieces in all found, and half-a-crown, and some loose silver; some in his pockets, and some in his hand. Cross-examined. Q. It was impossible for any body to go by without seening the stocking in his hand? A. Quite—he was so intoxicated, he did not know where he was, nor what he was saying. WILLIAM LYNE STACEY . I am a constable. I found the prisoner at the Cricketer's in the privy—I got the stocking from Parnham—I found in his pocket eighteen crown-pieces and 1 s ., and in a bag, which the prose cutor had taken from him, seventy-nine crown-piece, and one counterfeit half-crown. CHARLES FELL re-examined This bag does not belong to me—this is part of my stocking—I know it by the colour—it is pepper and salt—here is the string I tied it with—it is rather darker than it was—the crown-pieces were tied up in it—I had put it there on the 4th of July, and on the 5th looked at it and counted it—I did not see it afterwards till I found it in the prisoner's hand. (Thomas Ballard, carpenter, pf Park-place, Walworth, gave the prisoner a good character.) GUILTY . Aged 37. Recommended to mercy. — Confined Three Months . 1703. JOSEPH HENRY . was indicted for stealing, on the 8th of Au gust , 1 jacket, value 3 s ., the goods of George Powles . GEORGE POWELES . I am a seamen on board the bring Eleanor, which laid in the London Docks. On the 8th of August, the prisoner came to me on the quay, and asked if we wanted a cook—I said, "No"—he came on board—I missed him, and, in consequence of information, went to look for my jacket—I missed it gave him in charge. Prisoner He gave it to met to and sell. Witness . I did not—when I stopped him he said it was not mine—he afterwards took it off, gave it to me, and said he was sorrv for it. GEORGE DIX , I am a constable of the Thomas police—the prosecutor hrought the prisoner to me at the station-house with the jacket—he ex pressed his sorrow for it, and said distress had driven him to it. Prisoner . I said I was very sorry the boy had given me the jacket to sell. Witness . He did not say so. ( Property produced and sworn to ) GUILTY . Aged 25.— Judgment Respited. 1704. EDWARD GARDINER was indicted for stealing, pn the 8th of July , 9 ivory balls, value 1 l ., the goods of Edward Michael Sheppard ; and 1 hat, value 5 s ., the goods of Benjamin Willomatt . EDWARD MICHAEL SHEPPARD . I keep the Mulberry Tree public-house, at Stepney. On the afternoon of the 8th of July, the prisoner was in my parlour—I saw him come out, and missed nine ivory bagatelle balls—I pursued him up gordon-street, across Stepney fields—he was running—a policeman stopped him, and I saw him throw the balls, over a railing—the policeman got them. JOSEPH WATMOARE ( policeman ). I pursued the prisoner, who was running—when I got a short distance off him, I saw him throw the balls over the paling—a boy on the other side handed them to me. BENJAMEN WILLOMATT . I live in the Whitechapel-road. I was at Sheppard'd house—I lost my hat from the parlour, and found and old one in its place—this is my hat, which was found on the prisoner—I had left an inventory in it, and found that in the hat which was left behind—my hat was nearly new. The prionser pleaded intoxication. EDWARD MICHAEL SHEPPARD re-examined . I know the balls to be mine—I understant the prisoner is a young man of very respectable family—I did not perceive that he was tipsy. GUILTY .—Aged 26.— Confined Three Months . 1705. RICHARD HOLDITCH and JOHN SMITH were indicted for stealing. on the 26th of May , 344 lbs. weight of horse-hair, value 12 l ., 10 s ., the goods of Frederick Augustus Jones , their master. FREDERICH AUGUSTUS JONES . I live in London-wall, and am a curled hair manufacture and feather merchant—the prisoners were in my employ—Smith as warehouseman, and Holditch as manufacturer of hair—I left town on the 24th of may, and remained absent until Thursday, the 28th—neither of them, on my return, said they had sold any hair on my account. JOHN HENRY WOODHATCH . I am in the employ of Mr. Ferris, of Great Portland-street, St. James. The prisoner, Holditch, came there on the 26th or 27th of May, and brought a sample of hair, and I agreed, on behalf of Mr. Feris, to purchase 344 lbs. weight—he sold it for him self at 9 d . per pound, which was the marker price—I had dealt with him for eight years on his own account—I knew he worked at Jones's but he was still doing business for himself, as I understood—he had been liv ing with Jones about four years, and I was still dealing with him—he did business for himself as well—the hourse-hair came to Mr. Ferris on the 29th and I paid 12 l .18 s . for it; 2 l . 18 s . at the time, and 10 l . on the following Saturday. Cross-examined by MR. DOANE . Q. You knew he worked as a piece man with the prosecutor? A. Yes; and on his own account—I have sent him hair to manufacture for me—there was no secret about this—at the time he was apprehended he had a bag of my employer's hair to manufacture. MICHAEL WILLIAM CONEY . I was employed by Richard Holditch to ma nufacture horse hair on Mr. Jones's premises, while Jones was out of town—he directed me to take this hair to Woodhatch while I did—he told me to take it to Mr. Ferris—I saw nobody but jim at that time, but Smith came down afterwards out of the warehouse—the hair was brought out of the warehouse and delivered to me—it was lowered down by the crane into the street—I did not see who by, but just as it was put on the truck, both the prisoners came down stairs—Smith said nothing particular—he might have spoken about typing stairs—Stairs said nothing particular—he might the ropes—I am sure of that—t was packed up in bags, as usual. Cross-examined. Q. Did Smith do any more than he would with goods going out in the ordinary way? A. No; he assisted me to tie it up—I did not know that Holditch dealt with Mr. Ferris—I had been em ployed on the premises, and taken out goods before it was about two o'clock in the afternoon—I had nothing but a direction to the place where I was to take it. GEORGE CORDEROY . I live in Old-street-road. The prisoner Smith came to me on a Sunday in July, about ten days before I was examined, which was on the 4th of August, and said his father wanted to see me down at Brewer's-quay-his father is Holditch—he is his father-in-law; and when I went down, Holditch was drinking a pot of porter—he asked me to make out a bill and to date it on the 28th of May, which I did—( looking at a bill ) this is my writing. Cross-examined. Q. You made it out under Holditch's directions? A. Yes—Smith merely said that Holditch wanted to see me. COURT . Q. Was Smith there when you made the bill out? A. Yes; and heard what Holditch said. J. W. WOODHATCH re-examined. This bill of parcels was never brought to me, but Holditch produced it before the Magistrate from his pocket—I discovered this on the Friday previous to their apprehension which was on Monday the 4th of August—I had returned to town on Thursday, the 28th of May, and the prisoners never mentioned any thing to me about it—I have the book but there is no entry of the transaction in my book. Cross-examined by MR. PHILLIPS . Q. If the prisoner had the least notion of stealing it, was there any thing to prevent one of them taking it without calling in the boy, who could give information? A. No; I would have trusted Holditch with untold gold—the hair has not been found—I have not the means of knowing what quantity of hair was taken—I should not have missed this—a bag of hair had been sent by Mr. Ferris to Hol ditch to manufacture—he unquestionably had hair to manufacture on his own account—I occasionally sold him hair—the last he hjad was in Octo ber last—I gave him credit for it. (The prisoner Smith reeived a good character.) HOLDITCH— GUILTY . Aged 30. SMITH— GUILTY . Aged 18. Recommended to mercy. — Confined Three Months . 1706. LEWIS PHILLIPS was indicted for stealing on the 11th of April , 2 sovereigns and 1 five-pound bank-note; the property of Thomas Brown , from his person. MR. CLARKSON conducted the Prosecution. THOMAS BROWN . I live in Augusta Cottages, Hampstead-road. On the 11th of April, I was at the Union Coffee-house in Bow-street—I got there between eleven and twelve o'clock at night—I went up stairs into the coffee-room, or supper-room or wine-room—I had a pint of wine—I might stop an hour and a half—while I was drinking my first pint of wine, two young women came in—one I had never seen before; the other I had a kind of passing acquaintance with—she asked me for a glass of wine, which I gave her—she then said, "Will you give my companion or friend a glass?"—I said there was not enough left and I called for another pint—I laid doen a sovereign to a man who I supposed to be master of the ceemonies in the house, from his large pockets—I gave him the sovereign—he was called Ralph Phillips—I waited nearly an hour and a half in the room and he did not bring the change—at last he came back, and said there was no change in the house—I said, "You have brought no change back to me"—I never got the change—I went down to the bar and the two young women accompanied me—I remonstrated with the landlord of the two young as I supposed—I cannot be positive whether the prisoner was present. Q. Did you take any thing to drink at the bar in consequence of what the landlord said to you? A. Yes; I took some of his nasty drug—I went down there much soberer than I am now—I had taken nothing but the sovereign from my pocket, before I went to the bar—I afterwards pro duced a £5 note and two sovereigns—they would not let me out because I would not pay for the former pint of wine as the vagabond waiter had run away with the sovereign—I told the landlord what had passed about the soverign and produced from my job a £5 note and two sovereigns—I then drank a glass of negus and in that was laudanum or some kind of drug—I know the corner the vagabond produced it from—I wanted to pay and all that and he could drive me to Richmond—he said, "Mr. Brown, I will not deceive you I am not going to sacrifice the honour of my house," and all that, and he gave me a glass of negus, and that completely stupi fied me—I had a five-pound note when I went into the house; I have my memorandum-book to show it—it was, "No.13078, dated the 23rd of February"—I do not know how I got home—the glass of negus the fellow mixed up, made me stupid I was in a state of stupor all the next day and had a medical man to attend me—I went to the Bank of England, and stopped the note on the Monday—I went to the Union again about a forthnight afterwards, and did not remark the prisoner there—I had no thing to do with him—the note, through inattention or some bungling business of the Bank clerks, was not paid in for two or three months. Cross-examined by Mr. ADOLPHUS . Q. Did you ever call yourself Browning? A. No; I never did, nor ever signed my name so—I lived at Augusta cottages at the time of this transaction—I did not call them Victoria cottages—I called them Victoria cottages before the Justice, and my parcels and letters are directed there—I went to this house between eleven and twelve o'clock—I staid about an hour and a half or more before I went down to the bar—after drinking the glass of negus with the fellow, I call nothing but the vagabond, I got put into a cab in Bow-street, and there I slept soundly; but before I took the negus I was soberer than I am now—Ralph Phillips put me into the cab—the monent I took the negus I fell into a stupor—it was before I drank the negus that I pulled out the 5 l . note and two sovereigns—I am sure I have always said that—I have charged other people with robbing me, two or three not more—I changed a person not long ao with robbing me of a 5 l . note—I did not give up the charge—I have got the number of the notes—I got home about eight o'clock on Sunday morning—I was wrangling with that man down in his bar till four o'clock in the morning—after I drank the negus I know nothing what occurred. Q. Do you know the Round-table, in Duke's-court, Bow-street? A. No; I was never there—I do not know the house—I do not know which way to go to Duke's-court—I do not know a publican of the name of Smith in that neighbourhood—Stanley and Gardner are the names of the young women I gave the wine to that night—I never charged either of them with robbing me—I once missed a cheque out of my fob, and said I suspected, but I found it again—I did not charge either of them with robbing me of that cheque; because I do not like to charge any body with any kind of criminal offence unless I have proof positive—the name of Brown was not on the note when I had it. MR. CLARKSON . Q. Have you got the note back from the Bank since that time? A. No; I never wrote the name of Brown on the note. SARAH GRADNER . I have been an undortunate girl, but am not so now—on Saturday, the 11th of April, I went to the Union coffee-house, Bow-strect—I knew nothing of the prosecutor—that was the first time I saw him—I was in company with Martha Stanley—I partook of some wine with the prosecutor—it was about one o'clock in the morning—the first pint of wine was paid for in silver—he called for a second, and gave a sovereign for it—I should know the person to whom he gave it; it was a person who acted as waiter there—he did not get his change in my presence; he called for it, and the waiter came, but he did not get his change; there was wrangling and quarrelling about it—I went down to the bar with Mr. Brown and my companion—I saw two or three persons there—the prisoner was one of them, but he is not the person who had the sovereign—he was in the bar below when we went down—I should not have thought that Brown had been drinking any thing when he went down to the bar—he ap peared sober—he complained of the loss of his change—it was said that they could not give him change, and the sovereign had been returned to him, but I am sure it had not—he said he was determined not to go till he had got it—the person I was with and myself went to have some refresh ment in the adjoining room—before I went there Brown produced some thing, which I believe to be a bank-note and two sovereigns—he produced it on account of the dispute, as they thought he had had the sovereign—the landlord disputed that the waiter had not returned the sovereign, or that Mr. Brown had given the sovereign—he said he had settled a bill, and changed a 10 l . note, and had three sovereigns, and a £5 note when he came in, and produced his money, to show what he had then—I did not see him take any drink at the bar up to that time—he was afterwards coming out, and he was refused to be allowed to go out—I cannot say by whom—the pri soner was there at the time, and the waiter to whom he had given the so vereign—I heard him called Ralph—after the prosecutor produced the note and sovereigns, he put them back into some private pocket—I should say it was his fob—he had no drink at the bar at that time, to my knowledge—they would not let him go without paying for the pint of wine for which he had given the sovereign; they detained him—I do not know how, for I did not look—I went out—they were wrangling in the bar for not less than two or three hours I should think—it was during the time we were taking the refreshment—I left the house at day-break—Brown was there then—he was stopped at the door. Cross-examined by MR. PHILLIPS . Q. Who stopped him? A. I can not say—I saw the waiter there to whom he gave the sovereign—the pri soner was present—I cannot tell whether he stopped him—I saw Ralph pass him—I cannot tell who stopped him—Ralph stopped him for the money, and there was another porter—I do not know whetehr the prisoner laid hands on him or not—he stood close by when Ralph stopped him—I could not see his hands on him—we had two pints of sherry with Brown—I had two glasses—I left the house about four or half-past four o'clcok—I left Brown behind—I did not see him at all intoxicated—I have seen him to-day, and said, "Goor morning"—I know nothing about him—I have not been sufficiently long in his company to form an opinion whether he is drunk now—I do not see any great difference in his manner to-day, from what is was that night—I should say he is sober to day—I cannot say whe ther he is drunk, as he is a stranger—I was standing at the bar nearly three hours that night—I have known Stanley three years—I cannot say whe ther she is a woman of the town. COURT . Q. Did she get her living in that way? A. At the time I first knew her, she was living with her mother—at the time she went to the Union, probably she might be an unfortunate girl—I had been to the theatre that night, and went to the public-house afterwards. MR. CLARKSON . Q. They did not object to your being there? A. No: the prisoner said it was quite likely that we had the money, and they refused a policeman to come in and search us—that was while we stood at the bar. MARTHA STANLEY . On Saturday night, the 11th of April, I was at the Union coffee-house. I was in the habit of seeing gentlemen at that time—I found the prosecutor there—I went there with Gardner—we par took of some wine with the prosecutor—I was there when he had the first portion of wine, and saw him pay for it with silver—he called for more—I was not present when he paid for that—I had left the table for a few mi nutes—I partook of some of it, and then he asked for his change—the waiter said he would bring it directly—he did not bring it—he did not re turn any sovereign—Brown went down stairs, and asked for it—Gardner I went with him—I have know Brown three months, and more, per haps, before this transaction—when we got to the bar, I saw a female in side, and a gentleman and the prisoner—I do not know whether he was acting as waiter, but he was in the habit of waiting—Brown did not get his change—they disputed about his having the sovereign—Ralph was there—and the prisoner was out and in, backwards and forwards, from the passage to the bar—Brown wanted his change, and we thought proper not to leave him till his change was returned—the landlord said, "You had better feel in your pockets, Mr. Brown, and see if it is not in your pocket"—the prisoner was within hearing at that time—he pulled out of his pocket a brass farthing, and the landlord said, "Probably that is what you have taken to be a sovereign"—Brown said, "No, I have change a note to-day, and will show you where I put the sovereign"—he pulled out a bank-note, and there were two sovereigns in it—he showed it to the land lord, and the persons in the bar—the prisoner was out and in during that time—I suppose this wrangling continued about an hour—we were going away—they detained Mr. Brown, to pay for the wine—I did not see what he did with the note and sovereigns after pulling them out—I do not know whether he put them back or not—they detained him for the money for the wine—they stopped him—he was going out—they spoke to him, and asked him for the money for the wine—he returned back and said he would not pay a second time, and then we left him there. JURY . Q. Did they close the door on him? A. They shut the door till such time as he paid for the wine—I saw them shut the door—I went out—I was not in Brown's company, but in another gentleman's company, at the time—we were inside the door—when they detained Mr. Brown, I came away—nothing was done to the door when I went out, that I know of—I cannot say whether the prisoner was present when they de manded the money for the wine, as Brown was going out. Cross-examined by MR. BODKIN . I suppose, at that time of night, the door is always kept shut? A. Yes; they generally open the doors for parties to go out—they would not open it for him—they opened it for me, and my companion—I had not been to the theatre with Miss Gardner that night—I saw her first that night in portland-place, Regent's-park—I went to the Union, as I am in the habit of going there—Gardner never went there before with me—I never saw her there before—she knew the way I got my living—she was walking in the street when I met ber—it was about one o'clock, I suppose—it might be about one o'clock when I got to the Union—I cannot call to mind exactly—we walked from port land-place to the Union—it might be earlier than one that I met her—I should say, we left the house about four—shortly after I joined the prosecuter, I left the table for a few minutes—I did not leave the room, till I went down with him—I went to another part of the room—Gardnor, I and the prosecutor, went down together—I did not lose sight of Brown, from the time he was in the room, till he was disputing with the people in the bar about the sovereign—the waiter did not, at first, deny having received the sovereign, but afterwards said he had returned it to him—Brown charged me with having robbed him about two months before—I had been in his company at my lodging—he visited another female in the house—he was in the habit of calling there—while I was there, he charged me with steal ing two 5 l . cheques from him—I believe they were afterwards found—I did not learn from him that he afterwards found them—my landlord went and asked him an explanation of the charge—he went to his own house—no charge was pursued against me about the cheques—I think he was rather tipsy at the time—I have not frequently seen him in that tipsy state—but now and then—I have sopken to him to-day, and he to me—I consider him sober—he was as sober that night as he is now—he might have had a glass or two to drink—he might be a little more tipsy at the Union than he is now—I do not think he is tipsy now. MR. CLARKSON . Q. Have you any doubt he is sober now? A. I think he is—the two 5 l . cheques were not found on me—I never had them—he found them afterwards, I believe—he never made any charge against me before a Magistrate—he apologised afterwards for saying so. THOMAS BROWN re-examined by MR. PHILLIPS . Q. You remember telling Mr. Adolphus you were soberer that night than you are now? A. Yes, that is true—I am perfectly sober now—I can take a pint or two pints of wine; but if I take a small quantity of brandy-and-water, or spirits, it intoxicates me directly—I have had one glass of brandy-and-water before I came into Court, and nothing else—wto pints of wine would not affect me so much as brandy-and-water—I drank the brandy-and-water to-day at my own house, about nine o'clock, and have attended the Court ever since—I have not been into any public-house—I am sober now—I have charged persons with robbing me—I did not accuse that young woman of robbing me—I never charged her with stealing two 5 l . cheques—I found them next day—I did not charge her, I suspected her—I do not remember her send ing her landlord for an explanation. Q. Will you persist in swearing you never went by the name of Brown ing? A. Yes; a man may---- Q. A man may what? give us the explanation. A. I will not give you the explanation—you have got half over the milestone, but you will not get quite over it—I am as sober as ever I was in my life—I never went by the name of Browning—I never signed my name "Browning"—( looking at a book ) I see this name—it is not my handwriting—I swear that—I never lived in St. John's-wood—I lived at Victoris Cottages—I do not know a man named Vickery—I was taken to the station-house once on a charge of being drunk—I did not sign my name "Thomas Browninng" on that occasion. Q. On the 21st of December, 1834, at the station-house, in Covent-gar den, did you sign that book? A. I have not the least recollection of it—I do not know my own handwritng—I know Howard and webb, who bailed me at some station-house about Covent garden—I did not sign my name "Thomas Browning"—I tell you flatly, I did not write that—I never passed by that name—I once charged my servant with robbing me—I charged a man at the Mansion House with robbing me of a watch—I never charged any particular man—I did not charge a constable named Fadge with robbing me—I was not continually in a state of drunkenness—when I charged the man with stealing my watch, I was taken to the Mansion House for being drunk and disorderly in the street—( looking at Fadge ) I know that man—I do not know his name to be Fadge—I did not accuse him of stealing my watch—I did not say at the Mansion House that he had stolen it—I suspected him, and suspect him still—I have got him hard and fast. Q. What, that constable? A. Yes, as far as suspicion goes, but not for stealing my watch, but I have somebody—I did not say I had him hard and fast, but I suppose I have somebody for stealing the watch—I cannot say who it is—I suspect this one-eyed fellow here ( Fadge )—I was kept at the Mansion House all night, and was bailed out, and I paid 5 s . Q. Did you ever say to any body that you might have changed this £5 note, but you thought it safest to say it was stolen? A. No; I never did—I did not say so to my housekeeper—if you had come to me I would have comprimised it—Miese vagabonds have been beating me about; Noel, the artorney, and others. WILLIAM BALLARD . I am a police-officer of Bow-street. I produce a 5 l . bank-note—I have known the Union about six months—I believe a Mr. Lewis keeps it, but there is a person named Harris there—the number of the note is 13, 078, dated 23rd of February—I got it from a clerk in our office—I took the prisoner into custody on Tuesday evening, 21st of July, at the door of our office—I saw him standing rather in the door of the Union—I was not certain whether he was Lewis—I sent a person to call him over to the office door, and there took him into custody—I put some questions to him—I neither threatened nor made him any promise—at the door of the office, I said I wanted to speak to him respecting a 5 l . note, said to be stolen over the way at the Union—he said he knew nothing of it—I said the person's name was Brown—he said he knew nothing of it—I said, "It is said that you do, and that you paid the note into the Savings' Bank"—he said no be knew nothing about it—I said, "Well, come into the office"—and then I said, "Now, am I to understand that you have paid no money at all into the Savings' Bank?"—he said, not on his own account, butthathehad paid some in on his brother Samuel's account, as a trustee for him—I said, "I do not mean on your brother's account, I mean on your own"—he said, "Not for the last tweleve months"—I said, "Are you quite sure of that?"—he considered for a mo ment, and then said he was quite sure it was nine months since he had paid any money in—I asked where he lodged—he said, "Over at the Union" I said, "What part of the house?"—he said, "The second floor"—I said, "Where is the key of your box?"—he put his hand into his picket, and gave me a key—I went over to the Union, into the back room, second floor, and unlocked a box with the key, and found a depositor's book, in the name of Lewis Philips, and an entry of April 13th, 8 l . 6 s . paid in—ther are two other Savings' Bank books, and one belonging to his brother Samuel, besides his own—there are three of his own, and one of Samuel's—he was afterwards locked up. Cross-examined by MR. BODKIN . Q. You found he had more than one account of his own in the Savings Bank? A. He had; he did not tell me I should find the depositor's books in the box when he gave me the key—I did not make a memorandum of what conversation passed—he knew, of course, what I should find. HENRY SHOOBERT . On the 11th of April I was driver of a cab, I was called to the Union coffee-house on Sunday morning—the prosecutor got into my cab himself—two young men came to him, and just touched his arm, and helped him into the cab—I cannot recollect whether the prisoner was one—I took him to Victoria Cottages, regent's-park—the party who called me, told me to take him there—I took him up at the corner of a court—I received payment from the housekeeper at his place—I was called from Russell-street, to take him up in Bow-street—I took no money from him. Cross-examined by MR. BODKIN . Q. In what part of Bow-street did you take him up? A. At the corner of a court, nearly opposite Covernt-garden theatre; considerably higher than the police-office; at a distance from the Union—when I got to Victoria Cottages I got down; I just lant my arm, and he got down, and pulled out a bunch of keys; he opened the garden door and went in, and opened an inner door—he walked along by himself—he did not appear in a state of stupefaction—he was very sleepy in the cab—when he got home he ordered me down into the kitchen—he had no money; and the housekeeper paid me—I told her to take my number, and she would know if it was wrong—I took him up about half-past eight or twenty minutes to nine o'clock in the morning; I am certain of that—I was just coming from the yard—I generally leave the yard at about eight or nine o'clock—this was my first fare—the prosecutor after wards called on my master, who sent me down to him at St. Katherine's Docks—I said to him, "I beg your pardon, I am the driver of 874; I understand you have been robbed, and wish to see me"—he said he was; and told me to wait—then he wished me to call again—he did not say how he was robbed of the note—he said nothing on the subject of the £5 note. MR. CLARKSON . Q. Do you know the prisoner's attorney (that gentleman;) have you seen him? A. Yes; he came to the shop where I work, last Saturday morning, with the prisoner's father—I have seen him twice before, as far as I can guess—I first saw him about a fortnight before he last came—he told me he wished me to state the truth, and asked where I took the party up—I told him a very few words, and left him—I do not know that I should know either of the persons who helped him into the cab; one of them wore a long rough coat, with pockets at the side. RICHARD JONES . I am one of the managers of St. Clement Danes Saving's Bank. This is one of the depositor's books; these other three are also books of our Savings' Banks—I made an entry in the fist book—I took first the entry of the person who was about to make the deposit; the book was then passed to another, who was to receive the money—Mr. Bolton received the money—I acknowledge in this book to having received £8 6 s . on the 13th of April—it was paid between seven and nine o'clock in the evening. THOMAS BOULTON . I am one of the managers of the Savings' Bank; I live in the Strand. On the 13th of April I was in attendance—I received 8 l . 6 s ., on the 15th of April, from Lewis Phillips—the note, No. 13, 078, produced, formed part of the amount paid—I have written on the note the number of the depositor's book, No. 2553—I cannot tell whether the pri soner was the person who paid it. WILLIAM MASON . I live with my father in Serle's-place. I know the prisoner—I have seen him at the St. Clement Danes Savings' Bank, to bring deposits—I cannot say any particular time. WILIAM MASON, SEN . I am Actuary of the St. Clement Danes Savings' Bank. Cross-examined by MR. BODKIN . Q. How long have you known the prisoner? A. Many years, by sight—he is a boot-marker by trade—he has been known some time as a depositor at the bank—I pay the notes which I receive to the treasurer, and he pays them into the Bank of England. THOMAS BROWN re-examined. ( Looking at the note ) I see "Mr. Brown" here in pale ink—that was not on the note when I lot it. Cross-examined by MR. PHILLIPS . Q. Have you ever been trepanned in the hear? A. No—I have not had a silver plate put into my head—I never said so to any body—I suspected Mrs. Hurst or robbing me—I have got a whole list of things—she was a big thief—I say so—I will not mince the matter—I have lost the things since she has been in the house—she had been my housekeeper three months—she gave me warning to leave, and she did leave—I turned her out—she gave me warning, but I turned her out for all that. (The prisoner put in a long written defence, the particulars of which will appear by the following evidence.) ELIZABETH HURST . My husband is in the 2nd Life-guards. I lived in the prosecutor's service for fifteen weeks—I gave him notice to quit on the 28th of June, and stopped a few days over, to oblige him—it is a fortnight to-day since I left—it was on a Tuesday—I have known him ac cuse people of robbing him often—while I was in his employ he made an accusation against myself—he did not pursue any charge against me—he trated me with wine and spirits afterwards—he told me that a silver plate had been put into his skull, and the least drink affected him—he told me that he did not know what he did with the note in question, but he might have changed it, and spent the change; but thought is best to stop it as stolen—his habits were quite the contrary to a sober man's—I was not living with him when the cabman brought him home—I went into his ser vice afterwards—he told me he had charged two females with robbing him of 60 l —he said he had been a loser of 60 l . and those two 5 l . notes—he did not say whether he lost them, or was robbed of them—from what I saw of him, I should not consider it nsafe to rely on any representatins he would make, if I speak as my conscience would allow me. COURT . Q. Do you mean, because he gats drunk you would not be lieve him on his oath? A. Yes; he is a gentleman who speaks his mind in a manner not to be believed—in the morning he will say what it not right, and at night he says he is sorry for it. MR. CLARKSON . Q. Pray, do you know the prisoner's father? A. I do not—I know Ballard, the officer, by seeing him at the house—I never pointed the prisoner's fatehr out to Ballard at the office—I told Ballard a gen tleman had come, to me but not the prisoner's father—my master's character was not mentioned—it was said money was no object, if I had no objec tion to come on the trial—I passed that gentleman at the magistrate's office, but not to speak to him—I did not point him out to Ballard—I did not say he had said money was no object, and I should have 3 l . if I could say any thing against my master. COURT . Q. Did you mention 3 l ? A. Not at the office, not any where—I never, to my knowledge, mentioned 3 l . being offered to me not to give evidence—the gentleman did not say I should have 3 l .—I never said he had. MR. CLARKSON . Q. Did you not tell Ballard that you had been called on by a gentleman, who said money was no object? A. I told Mr. Ballard I was called upon, and that the gentleman said I should be paid for my time—I never named that money was no object, nor any sum of money—I have seen two gentlemen who re in Court. MR. PHILLIPS . Q. You gave the defendant's attorney evidence what you could swear? A. Yes; Mr. Brown accused me of being a thief seven weeks before I left his service—I stated it to my husband, and he went and gave him notice—I stopped seven weeks, as he had no servant—he asked me repeatedly after that to drink wine and brandy with him, at his own kitchen table—he frequently drank with me. JOHN SOLOMON HARRIS . I was concerned in the management of the Union, in Bow-street, on the 11th of April—I remember a question arising that day about a sovereign having been given to the waiter—Mr. Brown was there—I am the leaseholder of the house, and let out the tavern part—I know the prisoner—he was very unwell on the 11th of April—he com monly does business in the house—he did not appear in the house that night—he was very unwell and in bed, I believe—he was not at the bar at any time that night—Mr. Brown came to complain about the sovereign just after the house was close, a little after one o'clock in the morning—he made a com plaint about a waiter having received a sovereign from him and detained it—he and one of Mr. Carler's waiters came down, and they were talking about the sovereign—he addressed himself to me, and said, "Sir, I gave your waiter a sovereign, and he has not given me change"—I turned to the waiter and said, "What is this, Ralph? have you not given the gentleman his changed?"—he said, "I have not received any sovereign from the gen tleman—the gentleman has had two pints of wine and has only paid for one, and there are several gentlemen up-stairs, sitting at the same table, who can tell you the same"—I then turned to Mr. Brown, and said, "I never heard any gentleman accuse the waiter of detaining a sovereign before, Sir, and will not believe it"—I said "Ralph, do you know any of tne gen tlemen up-stairs?"—he said, "Yes; I do"—I said, "Ask one of them to come down—Mr. Beacon came down—I believe he is a law statiner—he came down—I asked him, in Brown's hearing, if he saw Mr. Brown give the waiter a sovereign—he said no, certainly not, that Brown gave him 3 s ., not a sovereign—Beacon then had some conversation with Brown, telling him he was positive, on his word and honour as a gentleman, he did not give him a sovereign, and it was a pity he should say so when he knew he did not—Mr. Brown then seemed satisfied—after talking some time, tow females came down from up-stairs—Beacon and Brown were then standing talking together—the two females then came down and said, "Come, Brown, are you going home?"—one of them caught hold of his arm, pulling him—he said, "No, I am not going just yet"—an one girl said, "Come, let us go; I will tell Miss Mason of you"—Brown said, "No, I shall not go yet; I shall stop and have some more wine"—and he had some more after they went—the girls had left him—one pulled him one way and the other the other—I said, "Do not pull the gentleman about; if he wishes to stop let him stop, if he wishes to go let him go"—he said, "No, I shall not go; I wish to have more wine"—they then went—the prosecutor then asked my name—"My name," said I, "is Harris"—he said, "Will you take a glass of wine?"—I said, "I have no objection"—he then said, "Let us have a pint"—the other gentleman, Mr. Beacon, who was standing by, said, "And I will have a pint;" and he had it—the barman then said, "You had better walk into the bar, and take a seat, gentleman"—they did go in and take a seat—the barman's name is william. but unfortunately be is gone abroad to Spain—they came into the bar, sat down, and each of them had two pints of wine—each had a pint of wine outside the bar, and another in—they sat talking some time, and Beacon asked what he had to pay—that was all that he had drank—no one had any negus—there was none in the bar—they were talking and smoking cigars, some time—Beacon smoked—I cannot say whether Brown smoked or not—then Beacon asked what he had to pay—the barman told him, and he paid it—the barman said, "Mr. Brown, you have so much to pay"—Brown said, "I have no money"—Beacon then said, "Oh! nonsense; surely you will pay for what you have called for"—Brown put his hand into his pocket, pulled out a paper, all rolled up together, opened it, and in it was a 5 l . Bank of England note—nothing else was produced—no sovereigns—not any money whatever—not from Mr. Brown—I had not seen him produce any note, or any thing before, in the course of the eveing—he then asked the barman for change for a 5 l . note—the waiter turned to me, and said, "Can you change it, Sir, as I am Short of money?"—I pulled out my purse, and found I had five sovereigns, and put them down—he still had the note in his hand, and he looked at the sovereigns, put four of them into his pocket, and gave me the note—I asked him his name, which was the first time I knew his name was Brown—I first, (I beg pardon,) asked him to write his name on the note; and I think he made use of an expressin, "You be d----d, write it yourself;" and I did write it—he told me his name was Mr. Brown, or Captain Brown; and I wrote it on the note—I did not take his direction—( looking at a note ) it is partly torn out; but I can positively swear this B is my writing—I never heard his name before that night—he appeared rather tipsy when I asked him to write it, and told me to write it myself—Beacon saw me write his name—he was present the whole time—after I gave him the change, he gave the barman a sovereign; and Mr. Beacon and Brown went away togeteher—from the beginning to the end, I suppose, this lasted about two hours—he went away about four o'clock, as near as I can say—the barman took his money, and gave him some silver out—I did not see him again for some weeks afterwards—none of the waiters went with him to get him a cab—Beacon went with him along, an the porter let them out—I put the note in my purse, and thought no more about it—I parted with it on Monday afternoon, about six or seven o'clock, or half-past, to a person I had to pay some money to—oh! I gave it to Lewis—he changed it for me—he gave me 3 l . in silver, and two sovereigns—I had to pay money to Goodenough, the corn-chandler—Goodenough gave me a receipt at the time—this is the bill and receipt I paid him—it is 3 l . 19 s . 6 d .—Mr. Woolf, a tailor, who brought the prisoner a coat home, was present at the time I paid Goodenough. COURT . Q. How was Ralph dressed that night? A. In a brown coat, and light waistcoat, and light trowsers—it was a smooth coat, not rough—there were no pockets to be seen—William had no coat on at all—there was no man with a rough coat, and large pockets. MR. CLARKSON . Q. What is William's other name? A. I never heard his other name—he is no servant of mine, but Mr. Carter's—I am a dealer in jewellery, at 36, Bow-street—that is the Union Coffee-house—I follow no other occupation—I was officiating in the bar for Mr. Carler, as I had done before, to oblige him, several times, he being out of town, and being my tenant—I do not keep any shop—I sometimes carry a good stock in my pocket—my stock is to be seen at home—Carter is a lodger of mine—he occupies the ground floor, the first floor, and two rooms on the second floor—I occupy one room on the second floor—it is a front room—a very large room—the house is opposite the Bow-street office—there is a court within two or three doors of the Garrick's Head—I should say my house is 200 yards from that court—above eight or ten doors—much longer than the frontage of the theatre—the theatre is about thirty-five yards from the office—I am not a free Vintner, Mr. Carter is—Carter had been out of town six or seven days, on the 11th of April—he did not pay me any thing for attending to the business—I did not attend to it in the daytime—there is not much business in the daytime—the prisoner generally at tends when Carter is absent, but he being unwell, I attended—he has attended to it three or four years—he is employed by Carter as waiter, regularly, and lives in the house—he occupies the second-floor back room, and he has one of the attics, which he works in when he has orders for the shoe business, but his orders are not very extensive—I have always know him carry on the business of a shoemaker when he could get any thing to do—he carried it on up to the 11th of April—I see men running back wards and forwards to him, and see him give out boots to close—he fol lows that occupation, and is a waiter at the house—Ralph's surname is Phillips—he is the prisoner's brother—his fatehr lives in the house, and carries on the cabinet-making, I believe—he has got workshops next door, at No. 35—there is no communication between the two house—he lives in the two attics of No. 36—Phillips is my brother-in-law—I married his sister—I have not been attending to the business of the Union ever since the 11th of April—I left off a day or two after, when I went down to Margate—I did not go no again when I returned—I have never attended to the house since—I was there last night, but not serving in the bar—not any part of last night, nor the night before—I was in the bar last week, but not serving—I walked into the bar, and out again—I have seen my father-in-law in the bar sometimes—I never saw him serving any body in my life—Ralph came down with the prosecutor, when he came to remonstrate—nobody else—I will swear two women did not come with him—all sorts of people come to this house—it is desirable to be cautious how to deal with them—I generally ask persons to write their name on a note—I think it best for a person to write his own name, that we may know where to find them. Q. Why not ask him for his address? A. Because he would not give it to me—he said I might be d—e, and write it myself—I asked him what his name was, I thought that sufficient, when he said I might be d—d—I did ask his address, I think—I asked his name—he said Brown—whether I said, "Where do you live?" I will not swear—I thought him a gentleman, and did not think it was a forged note—I remember Ballard coming over to search the prisoner's premises—he told me what the prisoner was charged with—I never said that I knew nothing about it, or any thing of the sort—I do not know that I said any thing to him—I asked him what it was about—that I said any thing to him—I him—I did not say the man was innocent, and that I received the note, and wrote the man's name on it, and gave the change—I do not remember having any conversation with him further than He told me Lewis was charged with stealing a £5 note—I said I knew nothing about it, and asked him when it was, and he proceeded to search his boxes—I did not know it was Brown's £5 note he charged him with robbing—I was very much surprised—he said, "I do not want to search your house, Mr. Harris, I want to search Phillips's boxes"—he said, "I have got his key"—he went up-stairs with me—I know Mr. Noes, the attorney—he has not been concerned in this case, to my knowledge—I have not seen him upon it. Q. Before Mr. Brown had the first of the two pints of wine, after the women left him, was he drunk or sober? A. I should say neither drunk not sober—he knew what he was about, because he knew he called for the second pint of wine, and paid for it—those two pints were after the two pints he had up stairs—it made four pints—I received nothing from him—I did not give any change—he took up four sovereigns, and pushed one sovereign over to the barman—the barman did not take for more than the two pints—he must have paid the waiter fr what he had up-stairs—I have not seen Ralph here to-day—Beacon was the only person that left the house with the prosecutor—it was about four o'clock. MR. ADOLPHUS . Q. Have you any means of stating from your own knowledge what he did from the time he left your house till he arrived at home? A. No; I do not know where he went—the waiter up-stairs accounts to the house for the wine he has, and receives the money from the customers, and the barman accounts for what is delivered at the bar—I drank some of the wine the prosecuter had below, and the porter and barman had some. COURT . Q. When did the prisoner recover from his indisposition which he laboured under that night? A. He has been very unwell for some time, I believe, and is not quite well now—he went out the next day (Monday)—I saw him out on Monday—I do not recollect whetehr he was out on Satur day—he did not come in and out that evening to the bar—I do not know what time he retired to rest that night—I saw him last about nine o'clock—I saw no more of him after that—there was no woman in the bar in the course of that evening, not in the room the bar is in—no woman did any business that evening in the house—Mrs. Carter is sometimes there, but she was not that evening—I recollect that evening, because I was asked to attend that evening, and a few nights—I said I would attend on that evening, but could not on the Monday following—I attended on the Satur day, Friday, and Thursay—I think Lewis was attending on Wednesday night—Carter came back on Monday, and attended himself on that night. Q. Did you not see the prosecutor some time after the transaction, and tell him, if he would give you the date and number of the note, you would give him the full value of it? A. Never such a thing; certainly not—I never had such a conversation—( looking at Stanley and Gardener ) neither of them were present at the bar when Brown came to complain—neither of them were present till after the waiter had gone up-stairs, not for some time afterwards—neither of them were present at the time he complained that he could not get the change—I swear no woman was present at the bar when Ralph and Brown came down about the sovereign—there was no woman present when Brown complained that the waiter had not given him the sovereign—Brown was not prevented from going out of the house—no one demanded payment of the second pint of wine, which he had up-stairs—he did not go out when the young women went—he did not attempt to go out—he said he would not go out—he pulled himself away from them—that young woman took him by the arm, and said, "Come, Mr. Brown, let us go; I will tell Miss Mason of you." Q. Did not one of the persons in your place detain him, to pay for the pint of wine, at the time these young women went out? A. No; I am positive it did not pass, or I must have heard it—the prisoner was not there at all—he was absent—he did not come backwards and forwards at the time the young woman was there—on my oath he was not there. MR. CLARKSON . Q. On the oath you have taken were either of the young women present when the prosecutor produced the paper from his pocket, which proved to be a £5 note? A. There was no woman present whatever—on my oath there were no sovereigns, nor any cash produced but the £5 note—I never said, "You had better look into your pocket and see if the sovereign is ther, "nor did any body in my hearing—Brown did not take out a £5 note and two sovereigns, upon that being suggested—I do not know where Ralpis—I have not seen him—he lives in the house—I was not at home this morning, having come to town from Margate—I have been there nearly three weeks—I came to town last night—I did not see Ralph this morning nor last night—I arrived between eight and nine o'clock last night—he serves as waiter at the house, but I did not see him—I do not know that he was there—I did not sleep in the house that night—I slept at my brother's, in Charlotte-street, Blackfriars—I came to town with him—I do not know why I did not go home—my brother's name is James Haris—I came to town with him last night, and he is gone to Brighton this morning—it was rather late last night, as I supposed with him, and staid there—I met Mrs. Harris at my brother's, and stopped there. GEORGE DAWKINS LANE . I am a surgeon and apothecary, and live at No. 59, Dury-lane. I know the prisoner—I attended him, in April last, for an illness—he had a scrofula enlargement of the glands of the right groin—I desired him to keep as quiet as possible, to lay by and keep off his legs as much as possible—I consider he has the complaint now. MR. CLARKSON . Q. When was it you gave him this advice? A. I first saw him on the 2nd of April—I saw him every second or third day, up to about the 14th or 15th of the month—I do not think he was fit to go about his business up to the 14th or 15th—he used to call on me at my house, in the middle of the day, for medicines—he called on the 14th or 15th. GEORGE BEACON . I am a schoolmaster, and live at Nol 69, Commercial-road, Lambeth. I was at the Union, in Bow-street, about two o'clock on Sunday morning, the 12th of April, and saw Captain Brown there—he came in about one o'clock—I saw him at the first table at the righe-hand side of the room—I saw below at the bar—I remember some money being asked for, and he produced a piece of paper, rumpled up, which turned out to be a £5 note—he produced the £5 note, and presented it to Harris—it passed from him to the barman, for him to take his money out of it—he could not give change—he gave it to Harris, and Harris gave him five sovereigns—Brown pushed one of the sovereigns along the bar, and told the barman to take his money—Harris asked Mr. Brown for his name—he said it was Brown—Harris asked him to write it—he said, "No, you be d----d, write it yourself"—I have been outside the court while Harris was examined—Harris wrote his name on the note, as I presume, and put it in his pocket—the prisoner was not there at all—Mr. Brown walked out of the house, and I followed him—I went with him to between the Union and the Ly ceum Theatre—he there met a female, and said, "I shall bid you good morn ing; I know this female, I shall go with her," and then we parted—that was from four to half-past four o'clock. MR. CLARKSON . Q. Have you many scholars? A. Thirty-three or thirty-four—I have lived there a year and a-half—I do not follow any other occupation than a schoolmaster and I have not for some years—I did not know Harris, before the night in question—I have seen him several times since—I might see him before, but not to know that it was Mr. Harris—I will swear I had not been into the Union twenty times before—I have not been there more than twice before—I cannot state the time—it might be a month or six weeks before—I went, after the Theatre was over, to have a chop—I have not followed any other occupation than a schoolmaster for five years—before that I was with my father, as a leather-cutter and carrier—I have never been a law-stationer—I never told Harris I was a law-stationer—I sell stationery—I did not tell Harris that; I sell pens, ink, and paper—I do not know how Harris supposed I was a law-stationer—I have a board over my house that I keep a school—I saw several women at the Union that night—one of these young women; I can say, I saw there, up-stairs sitting at the same table as I was—I was there before they were—I saw Brown come in—I staid till he went down stairs—I do not know who went down with him—several went down with him—I cannot say how many—some were gentlemen and some females—I did not count them—these two women did not go down with him—they sat at the same table when he went down—other women went out at the door at the time—they went down afterwards—I believe I have been to the Union once or twice since this transaction—I did not go down with him—I have seen Harris since—there was wrang ling between the waiter and Mr. Brown, on the subject of a sovereign—that was up-stairs, at first—he went down, complaining that the waiter had got a sovereign from him, and never gave him the change for a sovereign—she did not ask one of the girls ask the waiter for change for a sovereign—she did not aks the waiter to give him change of a sovereign while I was in the room—I saw no person ask the waiter for the sovereign while I was in the room but Mr. Brown, and he said, "Sir, I have had no sovereign from you"—he did not say he would fetch it directly, in my presence—I have not seen Ralph since—I have not been to the house for three weeks—he was not there then—I do not know where he is—I do not know the waiter who is gone to Spain—these two girls were not present when Mr. Brown produced the £5 note—they came in along with Mr. Brown—they came into the room with him; that I recollect—they did not come in after he had been drinking the first pint of wine—they came in with him—I did not hear one of them ask for a glass of wine, nor ask him to give her friend a glass—I heard Brown call for another pint—he had not almost finished the first pint before they came in—I heard that the prisoner was in custody, about three weeks or a month ago—Harris told me of it; he did not come to me—I went to the house—I cannot say whether that was before he had been examined before the Magistrate—I did not ask that—I was below while Brown was wrangling about the sovereign—I was called down by the waiter—I saw the two girls go away—they went away while Brown was wrangling at the bar, respecting his sovereign—the inner-door was partly shut at the time—I could not see the outer-door—several gentleman went out about the same time—Brown did not attempt to go out with them—he said he would not; he paid for the second pint of wine—he paid 6 s . or 8 s . when he pushed the sovereign along—that was for two pints of wine—he was not prevented from going; he did not want to go—the barman and Mr. Harris were in the bar when the women went away, and Mr. Brown and myself outside, and the waiter and the doorman—nobody else—the prisoner was not going in and out—he was not there at all—I did not see him—there was no woman in the bar, while I was there—I do not know Mrs. Carter—I mean to swear no woman was there. MR. PHILLIPS . Q. While you were there, no woman was there? A. No. COURT . Q. How long did Brown remain after the women went away? A. I should think about an hour, or an hour and half—the women went away between two and half-past two o'clock, as near as I can recollect—it was not day-light when they went—it was about an hour and half after the bustle up stairs, before I came down—they were wrangling for a quarter of an hour, or half an hour at the bar before I came down—whether the pro secutor, had produced a £5 note and two sovereigns before I came down, I cannot tell—the women were up stairs at the time drinking the remain der of the sherry that was left—they sat a good bit, expecting Brown up; I suppose for half an hour—they remained there talking to themselves, and then they went down—the wrangle did not last long when I got down—they were down before me—when I came down there was still wrangling at the bar—it lasted five or ten minutes—the women went away while I was standing at the bar—the prosecutor was merry when they went away—the Commercial-road id not more than five minutes' walk from the Union—it is at the foot of Waterloo-bridge—I got home about a quarter past four o'clock—it was Sunday morning—it was about the 11th or 12th of April—I recollect the day, because it was Palm Sunday—I had been to the Theatre the evening before—I have been to the Union once or twice since—the last time was a fortnight or three weeks ago—I first heard that the prisoner was in trouble three weeks or a month ago. MR. PHILLIPS . Q. Was the note marked with Brown's name after the two females had gone away? A. Yes, a long time after they were gone. MORDECAI JACOBS . I am a waiter at the "Round Table," in Duke's-court. I remember being there on Saturday night, the 11th of April—I was there on Sunday morning—I believe it was Palm Sunday—I know the prosecu tor, Mr. Brown; he came in that morning along with two females—I had not seen them before—I had no watch; but to my recollection they came in about half-past five or six o'clock—I should know the females if I saw them—I do not know their names—he staid at the Round Table till about eight o'clock—at first he called for some coffee, three eggs, three muttons chops, and toast, for two ladies and himself—they had some wine afterwards—Mr. Brown paid—the females partook of it, and some personsn who came in during the time, and he paid for the whole of it—the people all knew him; for they called him Captain Brown—at eight o'clock the whole of the people went away; five females, and two gentlemen, besides himself—they all went out together—he looked rather the worse for liquor—when he came he was able to walk about, and knock about the forms, and thump and knock my head about. MR. CLARKSON . Q. Is this a public-house? A. No, a coffee-house, called the Round Table—it is in a room up-stairs on the first floor—Mr. George Phillips is the landlord—he is the prisoner's uncle—I am his servant. COURT . Q. What day was this? A. Sunday morning, the 12th of April—it was the day after the Passover, and we got ready for it, by scour ing and cleaning—there were seven people with him—he first threw down a sovereign—the reckoning came to 15 s .—I gave him 5 s ., and asked him to remembaer the waiter—he gave me 1 s .—he afterwards had two bottles of wine, one after the other, which came to 10 s ., and he changed half-a-so vereign—I gave him 5 s . out the second time. CHARLES GOODENOUGH . I am in the corn trade. In April last I had an account with Mr. Haris—I remember calling on him for payment—the date of the receipt will tell when—this is the receipt—to the best of my recollection it was on Monday I called—this is my writing—somebody announced to Harris that I was there—I was ordered to walk in—he said, "I cannot pay you, unless you give me change for a £5 note," which he produced—I said, "I will go and get change"—a person in company said, "Oh, I can give you change if you will take three pounds in silver"—I believe the prisoner is that person—I am convinced he is—Harris asked me if I would take the silver—I said Ihad no objection, and the prisoner pulled out a purse or bag, and produced the money—Harris paid me, and I went away—I think the silver was nearly all half-crowns—the prisoner took the £5 note, and he said, to the best of my reecollection, "I am going to the Savings' Bank; a £5 note is just the same to me." COURT . Q. Does Harris keep a horse? A. Yes; at the back of the premises—I live in Kenton-street, Brunswick-square. GEORGE WOOLF . I am a tailor, and live at No. 21, Rathbone-place, Oxford-street. I remember on Monday evening, the 13th of April, taking a coat home to the Union, in Bow-street—I saw Goodenough there at the time; he called on Mr. Harris for the payment of a small account—I believe between 3 l . and 4 l .—Mr. Harris asked him if he had change for a £5 note—he said, "No"—the prisoner said he had got change, that he was going to pay money into the Savings' Bank; if he did not mind taking silver he would give him change—he gave him change, and received the note—Good-enough gave a receipt for the money. MR. CLARKSON . Q. Are you any relation to the prisoner? A. None whatever. NOT GUILTY . 1706. CATHERINE FREEMAN was indicted for embezzlement: to which she pleaded GUILTY . Aged 21.— Recommended to mercy. .— Confined Fourteen Days . 1707. CAROLINE NEUTH , and ELLEN COLLINS , were indicted for stealing, on the 12th of August , 2 sovereigns, the monies of Ali Bukus . ALI BUKUS ( through an interpreter .) On the 1st of August, I had two sovereigns and three shillings—I was in a public-house, and the prisoners took me home with the—I went into the house—Collins shoved me out, and Neuth put her hand into my pocket—Collins said nothing to me, but shoved me out. Cross-examined by MR. CLARKSON . Q. How many other women had you been with the night before? A. No other women—I met Neuth at the public-house—I went there as soon as I came from the ship—I had a pot of beer there—I asked Neuth to take me to her lodging—she took me home with her—I was not very drunk—Collins turned me out, and I went to a policeman—I had not been drinking and treating other women that night—I did not give a woman, named Carr, 3 s . take care of for me. COURT . Q. What money had you in your pocket when Neuth put her hand in? A. Two sovereigns, and three shillings—I had the money in my pocket a quarter of an hour before; I am sure it was safe when I went into the house—it was gone when I came out—I had a jacket on—I was in the house half-an-hour—I gave them 1 s . 6 d . for drink—I had 4 s . 6 d . at first—there was another man in the place, when I got there—Collins went with that man—Neuth was secured in the presence of the officers—I do not know whether any money was found on her. MR. CLARKSON . Q. Had you not been to the Swan public-house, with a parcel of women? A. No; I looked at my money before I went with Neuth—I am sure she took them out of my pocket—I did not lose any silver; that was in another pocket—Neuth put her hand into the pocket the gold was in. WILLIAM BUTLER ( policeman k 48.) I went with the prosecutor to a court, where Neuth was—he pointed her out to me, and said, the girl bad robbed him of two sovereigns—I got an interpreter, to interpret what he said, and took Neuth into custody—she said, he had but 3 s . while he was in her company—I told the interpreter of it, and he said, his serang gave him two sovereigns the day before—he was sober—Neuth was lying-down on the bed, and appeared to have been drinking, but was sober—I did not search her for some hours after the robbery. ABDALLAH PATY . I had paid the prosecutor two sovereigns, but no silver for them—Neuth took the sovereigns out of my pocket—I never missed the moncy before I went to the house—they were in my pocket when I went into the house—I put my hand into my pocket, when I went into the house, and felt it there—I had been to the Angel Gardens—I could not lose the mercy there. NEUTH . I know nothing about it. (Isaac Ball, basket-maker, of Shadwell; and Jacobs, glass dealer, Tyndal-street, Commercial-road East; gave the prisoner Neuth a good character.) NEUTH— GUILTY . Aged 15.— Confined Three Months . COLLINS— NOT GUILTY . 1708. CATHERINE LEDGER was indicted for stealing, on the 28th of July , 1 watch, value 20 s .; 2 gowns, value 4 s .; 2 petticoats, value 1 s .; 1 waistcoat, value 1 s .; and 1 nightgown, value 1 s .; the goods of James Holt , to which, he pleaded, GUILTY . Aged 30.— Confined Six Months . 1709. HENRY MANNING was indicted for stealing, 1 sovereign, of Joseph Atkinson , his master, to which he pleaded GUILTY . Aged 11.— Confined Three Days , and Whipped. 1710. MARY DAVIS was indicted for stealing, on the 23rd of July , 25 knives, value 2 l .; 25 forks, value 2 l .; 2 blanklets, value 15 s .; 1 bed-cover, value 8 s . and 1 spoon, value 3 s .; the goods of Jacob Dixon , her master. JACOB DIXON . I am a cheesemonger, and live in South-street, Man chester-square. The prisoner was in my service on the 23rd of July, and said she had taken several things and pawned them—she said she had taken the best knives and forks—I looked, and missed them—they were worth more than 2 l .—she named the tea-spoon, the blankets, and bed-furniture—she directed me where to go—I went there, and saw them, at High-street—I do not know the name of the pawnbroker; but we found the things—we went to another pawnbroker, and found the knives and furks—the pawnbrokers are here with the property. Prisoner . I acknowledge myself guilty of pledging the articles, with the firm intention of getting them out again. GUILTY . Aged 31.— Recommended to mercy .— Confined One Month . 1711. JOHN KELLY was indicted for stealing, on the 11th of July , 1 pewter-pot, value 1 s . 6 d ., the property of John Ray and another. The Prosecutor did not appear. NOT GUILTY . 1712. CATHERINE NEAL was indicted for stealing, on the 10th of July , 1/4lb. of ginger, value 10 d ., the goods of Nicholas Yarrow . JOSEPH STONE . I am servant to Nicholas Yarrow, a grocer, on Snow-hill. About nine o'clock, on the 10th of July, the prisoner came and threw an apron on the counter—she took a small parcel off the counter, con taining a quarter of a pound of ginger—I asked her to give me what she had taken—she said she had taken nothing—my fellow-servant took it from her pocket. Prisoner's Defence . I went into the shop to buy some tea and sugar. I turned to speak to this young man, and took this parcel by mistake. Witness . I know her—she has been several times into the shop before—she had not asked for anything. THOMAS WATKINSON . I took the ginger from the prisoner. GUILTY . Aged 36.— Confined Six Months . 1713. JOHN SMITH was indicted for stealing, on the 7th of August , 1 hat, value 7 s ., the goods of Samuel Adams . WILLIAM MATTHEWS . I live in Sun-street, Bishopgate-street, and am shopman to Mr. Samuel Adams. About twenty minutes before ten o'clock, on the 7th of August, I was in the shop, and saw the prisoner enter, I called to him distinctly three times—he did not attend, but took a hat off the stand within the door—he escaped with it—I ran out, and overtook him, and collared him—he used great violence to me with the hat, and broke it all to pieces—he threw me down three or four times, and cut my lip—I still held him till the officer took him—my neighbour took up the remains of the hat. DANIEL PAMPLET . I received the prisoner in charge at the watch-house, and have the hat. JOSEPH MORRIS . I was returning to my master's, and saw several young men about. I watched, and saw the prisoner take the hat from the shop—I took the hat up—this is it. Prisoner's Defence . I was very much in liquor. DANIEL PAMPLET . No, he was not. GUILTY . Aged 23.— Transported for Seven Years . 1714. FRANCIS CHARLES PEARCE MARSH was indicted for embezzlement. JOHN ELDER DUFFIELD . I live in Long-lane, Aldersgate-street, and am a harness-maker. The prisoner was in my employ—it was his duty to receive money for me occasionally—I deal with Mr. Miles, of Bridge-houe, Newington—on the evening of the 23d of June I sent him there for some money, which I have not received—he did not return that day. Cross-examined by MR. PHILLIPS . Q. But I believe he came at last? A. Yes, on the 16th of July, with his mother. There was no bargain about wages—he was to receive his board and lodging, and other neces saries—I certainly did not hire him as my servant—I took his as he was in bad circumstances; I believe he once took 47 l . 10 s . to Messrs. Glynn—I never found any thing incorrect in him—I wrote to his mother, saying that I had heard he had gone to America—after that he came with his mother, or I should never have inquired after him—I knew him from his birth. EDWIN MILES . I deal with Mr. Duffield. I paid the prisoner 5 l . 10 s .—he gave me this receipt. (The Prisoner, in his defence, stated that he had met a female, who had formerly lodged with his mother, and who induced him to accompany her to her lodgings, where he became intoxicated, and lost the money.) J.E. DUFFIELD . He wrote to me, and assigned the same reason for not returning that he now assigns. GUILTY . Aged 24.— Recommended to mercy by the Jury and Pro secutor. — Confined Ten Days . Sixth Jury, before Mr. Common Sergeant 1715. WILLIAM CRASK was indicted for stealing, on the 22nd of July , 1 watch, value 3 l .; 1 watch-chain, value 2 d .; 1 watch-key, value 1 s .; and 1 seal, value 6 d .; the goods of Mark Buggins . MARK BUGGINS . I am an apprentice to William Westley of Beech-street, Barbican, I had a watch in my drawer—the prisoner was work ing there—I went up stairs on the 22nd of July, and came down in ten minutes, and the watch and the prisoner were gone—it was worth 3 l . 3 s . Prisoner . Somebody else might have come in; there is a private door where they can come in. WILLIAM WESTLEY . The last witness is my apprentice, and the prisoner also—I believe there was no one there but the prisoner's wife's brother—I believe he was there that day. GEORGE HARRINGTON ( City police-constable, No. 48.) I took the prisoner on the 26th, but found nothing on him. WILLIAM BUGGINS . It was between one and two o'clock—the prisoner generally worked till the evening—he did not return that day, not till the following Sunday—his brother had been there, but was not there when I left the watch, which I am sure was there when I went up stairs. NOT GUILTY . 1716. WILLIAM LOCK was indicted for stealing, on the 31st of May , 1 pair of sheets, value 3 s .; and 1 towel, value 6 d .; the goods of Elizabeth Martin . ELIZABETH MARTIN . I am a widow, and live in Charlotte-street, Whitechapel. On the 31st of May the prisoner came and took a lodging, at 2 s . a week—there was a pair of sheets on the bed, and a towel in the room—the next morning they were gone—he did not return. ELIZABETH MURRELL . I live with Mrs. Martin—I know one of these sheets to be her's, by a tear in it. Prisoner . She said she did not know the sheet. Witness . No; I said I should know it by the tear. MATTHEW PEAK ( police-constable G 198.) I produce a duplicate, which I found at No. 2, Rose-lane, where the prisoner said he lodged. JOHN SEAFFER . I am in the service of a pawnbroker—this sheet and towel were pledged by a female—this is the duplicate I gave her. Prisoner . I am not the person. GUILTY . Aged 20.— Transported for Seven Years . 1717. ANN SMITH was indicted for stealing, on the 29th of July , 1 sheet, value 7 s ., the goods of Susannah smith . MARY THAKE . I am servant to Susannah Smith of Brentford. On the 29th of July, the prisoner came to our house for relief—I told her we had not any thing for her—I saw her leave the house in a few minutes, in a great hurry—I suspected her—I looked and missed a sheet—I ran after her, and a constable came and took her; this sheet was produced, it is my mistress's. JOSEPH DIXON . I took the prisoner, and saw her throw this sheet away. GUILTY . Aged 20.— Recommended to mercy by the Jury. — Confined Fourteen Days . 1718. THOMAS REX was indicted for stealing, on the 11th of July , 1 handkerchief, value 3 s ., the goods of Robert Ely , from his person. ROBERT ELY . I am in the service of Messrs. Eale, and Co., of Bouverie-street. On the 11th of July, at night, I was in Cheapside, going home—I felt something at my pocket; I turned and saw the prisoner—my hand kerchief was on the ground, and I took it up—the watchman took the pri soner—there was no one but the prisoner behind me. EDWARD WINTER . I am a watchman. I saw the prisoner holding the tail. of the prosecutor's coat—he followed him three or four yards, and took out the handkerchief—the gentlemand turned, ad he dropped it. Prisoner's Defence. I was on the sule of the way when he came and took me. ROBERT ELY . I am sure he was close behind me. EDWARD WINTER . I was at the corner of the Old 'Change when he went past me, lbuthe did not see me—I knew him before. GUILTY . Aged 17— Transported for Seven Years . 1719. WILLIAM PARSONS was indicted for sgtealing, on the 20th of July , 1 handkerchief, 1 s ., the goods of Daniel Donoven , from his person. DANIEL DONOVAN . I live at Jubilee-place, Commercial-road. I was coming down High-street, Whitechapel, on the 20th of July, about eleven o'clock at night; the officer tapped me on the shoulder, and told me some thing—I felt, and my handkerchief was gone—I had had it safe about two minutes before; it was produced to me; this is it, I know it by some holes in it. WILLIAM SAVAGE , ( police constble, H 50.) I was on duty, in plain clothes; I saw the prisoner about eleven o'clock in the evening—I watched him and another—I saw the smaller one go to the prosecutor, and draw the handkerchief—the prisoner was close to lhim—I went to the prose cutor, and asked him if hehad lost his handkerchief—he said, "Yes"—we then went into the City, and saw the prisoner and the other one looking at it, with a girl—I took the prisoner; the other dropped the handkerchief on the ground. Prisoner. I was never in the county of Middlesex—I was in Aldgate at the time—I never saw the other lad before. GUILTY . Aged 20.*— Transported for Seven Years . 1720. MARY ANN FICKEN , and ANN JONES , were indicted for stealing, on the 15th of June , 1 pair of half boots, valur 4 s ., the goods of Peter Attrell . ANN ATTEELL . I am wife to Perer Attrell, of London street, Ratcliffe. On the 31st f May, Ficken hired a room of me—Jones came with her, but I did not know she was coming to live with gher; it was Ficken and her husband came to hire the room, as I understood—On the 14th of June I missed my daughter's half boots; she is fourteen years old—my husband doubt, but I do not know them; there is no mark on them, and my daughter is not here. NOT GUILTY . 1721. MARY ANN FICKEN , and ANN JONES , were again in dicted for stealing, on the 4th of July , 1 shirt, value 1 s ., 1 petticoat, value 4 d .; 1 apron, value 2 d ., and 1 necklace, value 2 s ., 6 d ., the goods of Peter Attrell . ANN ATTRELL . These are my articles—I missed them on the 22 d . of June—I had occasion to go out; when I came home, Mrs. Ficken said my child had lost her necklace off her neck—she had been out with other children at play—it was about nine o'clock a night—I offered 1 s . reward—I could not find them—on the next day I lost these shirts; that was on the 23d—I didnot miss them till the Wednesday, when I was washing—I found the necklace, the fiannel shirt, the apron and the petti coat at the pawnbroker's. JOSEPH JEROME . I am a pawnbroker. This necklace was taken in pledge on the 30th of June, of a female, in the name of Ann Carter, No.12, Back-road—I have no recollection of the party. MARMADUKE JACKSON . I took in this flannel shire tand petticoat of Ficken, onthe 4th of July. ( Property produced and sworn to. ) Ficken's Defence. I found the necklace in the fields—it was through distress that I did it—I did not know exactly, at the time I picked it up, who the necklace belonged to—I went down to wash two shirts for my husband and took this shirt by mistake. FICKEN—GUILTY . Aged 19— Recommnended to mercy by the Prose cutor. — Confined Ten Days . JONES— NOT GUILTY . 1722. MARY TAYLOR was indicted for feloniously receiving, on the 18th of July , 1 dead fowl, value 5 s ., and 1 dead chicken, value 2 s . 6 d ., the goods of william Robinson , Esq., well knowing them to have been stolen, &c., against the Statute. MR. ROBINSON conducted the Prosecution. GRACE RODD . I am servant to William Robinson, Esq., he lives at Tot tenham, On the 18th of July, I went to the farm-yard, at half-past five o'clock in the evening; the hen-house was locked up—next morning I went to the farm-yard again, and found the hen house had been broken open, and part of the poultry gone—I unlocked the hen-house door—I saw the head of a chicken there, and one dead outside—the head of the chicken was black—five chickens were stolen and one killed and left behind. THOMAS MORRIS . I am a gardener in the employ of the prosecutor. On Sunday morning, the 19th, I found part of the hen-house stripped of nine tiles and the feathers of the fowls lying about the yard—the gates, which lead out of the orchard, were open. JOSEPH FOSTER . I am constable of Tottenham. I went to the pro secutor's house on Sunday, the 19th of July—I examined the hen-house, and in consequence of suspicion, I searched the prisoner's lodging in Archer-street, Edmonton, between ten and eleven o'clock—I went up-stairs, and found the prisoner there occupying the room—I searched the cupboard, and found the chicken and fowl—the feather were off—the chicken was not drawn—the head of the chicken that was picked up in the hen-house was fitted to the chicken, and found to correspond exactly. JOHN FOWLER . I am constable of Tottenham. On the 19th of July,. I went to the prosecutor's premises—I found the head of a chicken, which corresponded exactly with the chicken found by the last witness. JOHN CAMP . I am a constable. On the 20th of July I searched the paths leading from Mr. Robinson's to Edmonton—I found some feathers in the path, which correspond with the fowls found. JOSEPH FOSTER . When I searched the prisoner's apartments, she said that when they were brought in she was asleep, and knew nothing of it—she lodges with William Townsend, who has absconded from Edmonton ever since. NOT GUILTY . 1723. WILLIAM ALLEN was indicted for stealing, on the 14thof July, 1 half crown the money of William Peter Holland , his master; and that he had been before convicted of felony. WILLIAM PETER HOLLAND . I live in Brick-lane, Bethnal-green, and am a grocer. I employed the prisoner occasionally—on Tuesday, the 14th of July, I marked some half-crowns, having missed money from the till—I placed three of them in the till—I then went out, leaving the prisoner behing—I returned in an hour and a half and found him in the shop—I looked into the till, and found the three half-crowns safe while I was out, I sent Mrs. Hargrave for some goods, with two more marked half-crowns—I found one of them was not in the till—I charged the prisoner with one being missing—he denied it for some time—I sent for an officer—he fell on his knees, and said if I would forgive him, he would tell me all about it—he then pulled half-a-crown out of his pocket; he said his mother was a very poor woman, and he had taken it—the four half crown I found all marked as I had makde them—this is the one the prisoner gave me—I gave it to the officer—this is marked as one of those I gave Mr. Hargrave. Cross-examined by MR. DOANE . Q. You charge him with stealing one half-crown? A. Yes: I put three half-crowns into the till—it is not for stealing one half-crown of Mrs. Hargrave—he produced one half-crown, marked similar to those I had put in the till. COURT . Q. You gave two half-crowns to Mrs. Hargrave? A. Yes: to take to my shop—Mrs. Hargrave is not here—she lives at Church-street, Bathnal-green—both the half crowns that I gave her were mine—I never parted with them—they remained my property—Mrs. Hargrave was not before the Magistrate—I told the prisoner he was placed behind the counter, and was responsible—he then took the half-crown out of his pocket; and he said he took it, because his mother was very poor. ROBERT TRESON ( police constable M 125.) I produce a certificate of the prisoner's conviction, which I got from the Clerk of the Peace's office—the prisoner is the man ( read. ) CHARLES BYRON ( police-constable H 157.) I was present when the prisoner went down on his knees—he acknowledged having the money, by handing it from his person—he went down on his knees, and begged forgiveness, saying it was the first time. JURY to WILLIAM PETER HOLLAND . Q. Were the four half-crowns all marked alike? A. No; this one was marked in a particular way—I can point out the mark. GUILTY . Aged 19— Transported for Seven Years . 1724. FRANCIS CURRIE was indicted for stealing, on the 20th of July , 20lbs. weight of lead, valu 3 s ., the goods William Ireson , fixed to a building. WILLIAM IRESON . I am owner of a house at the corner of Dunk-street, Mile-end New Town. We missed a good deal of lead—we marked this gutter, and watched it for about a week—my man went up on Monday morn ing, and siad it was gone—I asked where the prisoner was—he said he was gone out with something under his arm—he was going along—I followed him to two iron shops—he saw me, and ran to Montague-street—I took him there with the lead under his arm—I swear this is my lead—the prisoner did not work with me at that time, but he had. HAMMOND PAYNE . I was watching with Ireson—what he has stated is true—I was present when the lead was found on the prisoner—it is my master's. The prisoner pleaded poverty. GUILTY . Aged 57.— Confined Six Months . 1725. GEORGE SAUNDERS was indicted for stealing, on the 25th of July , 1 knife, value 1 s .; 2 half-crowns 6 shillings and 3 d . in copper; the goods and monies of William Nicholls , from his person. WILLIAM NICHOLLS . The prisoner and I were at a beer-shop in the Isleworth-raod, drinking together—we then went to the Horse and Groom, at Twickenham—I sell bonnet-boxes—I got rather intoxicated—I was taken up, and put against the window—I had two half-crowns, six shillings, and three penny-pieces in my pocket before I fell dozing—I saw them about eight o'clock in the evening—about ten o'clock the ostler awoke me, and my money was gone, and my knife and cotton handkerchief—this sis my knife, I had boutght it of the prisoner that day—I gave him 3 d . and one pint of beer for it. Cross-examined by MR. PHILLIPS . Q. Did you not get exceedingly drunk, so that you were picked up off the floor, and placed on the settle? A. I might be—I cannot say whether my knife had dropped out or not—I had onlyu seen the man once before—there were about three with us, I believe—William Smith was there, and another man sitting opposite, a countryman, I believe—Smith was taken into custody, and then he made an accusation against the prisoner. JAMES BROMAGE ( police-constable B 77.) I went afer the prisoner, and found him at his lodging on Twickenham-common—I found this clasp knife lying on the table, and 1 s . 6 d . on his person, and 6 d . in halfpence—he said nothing about the knife. GEORGE SMITH . I was not accused of stealing this property—I was at the Horse and Groom that day—Saunders asked me to go in and have some beer—I went and had some—he called me out, and told me he had drawn the cove of 3 s .—he told me to come away—he went and called for a quartern of rum at the Black Dog, and then we went to the Fox, and called for a pint of ale—he paid 6 d . for the rum—I had no money—he paid 6 d . trowsers for half-a-crown—he went and got some steaks—we went to the beer-shop ans had them cooked—when we were coming home we went to the Eight Bells, and the prosecutor was there—he put his hand on the prisoner's shoulder, and said he had robbed him—he denied it, and held his fist to him. Cross-examined Q. . What is the meaning of the word cove ? A. It means a man, I believe— draw does not mean that he has got the money back that he owed him—I thought he had robbed him, but I staid and drank with him—I was taken up—I said nothing about this till I was accused—I saw Saunders pick him up, and put him on the settle—I did not know he had robbed him till he told me. Prisoner's Defence. I know nothing about robbing him—I found the knife the day before—I never sold it him: I lent it him to eat a bit of bread and bacon—William Nicholls sold it me in the Tom land Jerry shop, there was the landlord and a fiddler there. NOT GUILTY . 1726. JOHN EUSON was indicted for stealing, on the 18th of July ,2 half-crowns, 26 shillings, and 1 sixpence, the monies of Willaim Stayner , his master. MARY ANN STAYNER . I am the wife of William Stayner, of Upper White cross-street. The prisoner was occasionally in our employ—we bought some meat on the 18th of July, of Mr. Bonsor, in Newgate-market, and gave the prisoner 1 l . 6 d . to go and pay for it, and bring it home—he did not return with the money or the meat. FREDERIC WALL . I am in the employ of Mr. Bonsor. The prisoner did not come for the meat; it was sold again. Prisoner. I had had a drop more than I ought, and must have got rob bed of the money—the next morning I had not a halfpenny left—I gave myself up to the policeman, becaused I knew I had done wrong. RICHARD NEED ( police-sergeant S 3.) He gave himself up to me—he said he had been robbed of the money. NOT GUILTY . 1727. SARAH MARTIN , MARY MILLS , and ELIZABETH JONES were indicted for stealing, on the 5th of August 10 combs, vallue 5 s .; 1 pair of ear-rings, value 6 d .; 1 snuff-box value 1 s .; 2 spoons, value 3 d .; and 1 pencil-case, value 2 d .; the goods of John White and others: and that Jones had been before convicted of felony. MARCUS HARRIS . I keep a general shop Barbican, John White and Edward Somers are my partners—on the 5th of August, the three prisoners came to my shop, and asked me for different articles; one stood by the win dow, one at the further end of the shop, another in the middle—Mills asked me for a pencil—while I was serving them, two policemen came in, and asked if I had lost any thing—Martin directly put her hand into her bosom, and pulled a snuff-box out, which was mine—I had not sold it her—directly the policemen came in, all three of them got together, and the combs and spoons fell—I believe these combs are mine—Martin was nearest to where they fell; they were all three together—I had missed such combs, they are the same manufacture—I had not sold any such as these to them—I had such spoons as these to sell—I had not missed any—I found them on the ground. Cross-examined by MR. JONES . Q. Did you say you were in partner ship with Mr. White? A. Yes—I am sixteen years old—Mr. White is a grown man—I had not known Mills before—I had seen the others—I had no job to do for known Mills before—I had seen the others asked for, an she paid for it—when the combs dropped, they all stood quite close together—Martin stood at one end—I found the combs right under her. WILLIAM DARBY . ( City police-sergeant No. 9.) I went into the shop, and laid hold of Martin—these combs dropped from under her shawl—I did not see the prisoners go into the shop. EDWARD M'DONALD ( City police-sergeant No. 28.) I went into the shop and heard the things drop—Martin pulied this snuff-box out of her bosom, and threw it in the window—the other things were taken up near to Mills—we took her to the watch-house, and found these ear-rings on her. PETER FLANAGAN ( police-constable No. 183.) I produce a certificate of the conviction of Jones, by the name of Mackinlay—I know her to be the same person ( read. ) Martin's Defence. I went and bought some articles—I asked the price of the ear-rings—he said eightpence, but as they were bent I might have them for sixpence—Mills asked the price of combs—he said he had not any, but his brother was out, and perhaps he might bring some in—while we were waiting, the policemen came in—I was looking at this snuff-box, and he swore I took it out of my bosom. Mills Defence. I went in to buy a pencil-case. Jones's Defence I know nothing about it. M. HARRIS re-examined. Q. Had you sold any ear-rings to that girl? No: I do not know whether she looked at any, and priced them—I had seen her before—eight pence was the price of the rings—this one bulges out a little—I did not sell it for sixpence. MARTIN— GUILTY . Aged 18. MILLS— GUILTY . Aged 17. JONES— GUILTY . Aged 18. Transported for Seven Years . 1728. JOHN ARCHER was indicted for stealing, on the 16th of July , 1 handkerchief, value 6 d .; 1 purse, value 2 d .; 4 shillings, and 1 six pence; the goods and monies of Joseph Iner , from his person. JOSEPH INER . On the 16th of July I was in a beer-shop, at South Mimms. I had something to drink—the prisoner was there—I fell asleep—I had a handkerchief, and purse with four shillings and ninepence—I slept for about half-an-hour—I awoke, missed my money and hankerchief—I accuse the prisoner of it—he said he had not got it, but just afterwards he gave me the purse and threepence; my silver was gone—he said, "Here is your money, you old b----r"—he kept one of my handkerchiefs, and put the other into my hand again. Prisoner. He gave me the mony to take care of. Witness. No such thing. SUSAN TITMUS . I was at Potter's bar. I saw the prisoner and the prosecutor asleep—I saw the prisoner take the purse out of the prosecu tor's pocket, and take, the silver out. Prisoner. I am sure she did not see me, nor the man. Witness I will take my oath I did. Prisoner's Defence. I went to this house to get a pint of beer—this man sat by the side of me—said he would drink with me—he paid 1 d .—I paid 1 d .—we had another pint—there were a great many more in the house—we then all drank together, and got intoxicated and gambling—he got very tipsy, and went out to lay in the skittle ground—when I went out, he said he would pay half a gallon of beer to fetch his handkerchief—the man gave me one, and kept one, and said there were both of them—he gave me it to take care of and 3 s . GUILTY . Aged 19.— Confined Nine Months . 1729. JOSEPH BURTON and CHARLES WHITTON were in dicted for stealing, on the 11th of July , 1 dead goose, value 5 s ., the goods of John Vincett . WILLIAM URQUHART . I live in Lamb's Conduit-street, near the prose cutor. I saw the prisoners together near the prosectuor's—I saw Burton take a goose from outside the shop window—Whitton was with him and held his coat out—Burton put the goose in, and he walked on—they then parted and one went down White Lion-street. Cross-examined by MR. DOANE . Q. You saw him take the goose? A. Yes; it was about a quarter past one o'clock—they went down Theobald's-road, going towards the New-road—I was about eight yards behind—I followed him about twenty yards—I told the prosecutor. JOHN VINCETT . I am a cheesemonger. I missed one dead goose—Urquhart gave me information. ROBERT PEAKE . I was an officer, but have resigned. I caught the prisoners, and charged them with having taken a goose—Whitton resisted, and side he was not guilty—I have tried to find the goose, but could not. Cross-examined. Q. Did you not find. every thing in their favour? A. I found nothing against them—I took them in Lamb's-Conduit-pas sage, returning to their work. JOSEPH STORER . I am a plane-maker, and live in the New-road. The two prisoners had been in my employ about five years—I never knew any thing against them—they were in my employ, on and off—I followed them across Lamb's-Conduit-street that day—they did not go past the prose cutor's shop, unless they returned. ANN JUDSON . I live with my mother, who goes out charing. I have known the prisoners fifteen months—they had good characters—I saw them, at twenty minutes past one o'clock, going down Back-lane towards Clerk enwell—they had nothing with them. COURT to W. URQUHART . Q. Have you the slightest doubt of them? A. No; he turned round to put the goose under his coat; I saw his face quite plainly. Cross-examined. Q. Could not he see you? A. Yes, if he had looked at me; but he was looking at the goose. JURY . Q. How long was it before they were taken? A. About forty minutes. NOT GUILTY . 1730. CHARLES HENRY FORFER was indicted for stealing, on the 14th of August , 1 quilt, value 2 s .; 4 sheets, value 14 s .; and 2 yards of canvass, value 6 d .; the goods of Thomas Brown ; to which he pleaded GUILTY . Aged 23.— Confined One Week . 1731. ARCHIBALD GRIEF was indicted for stealing, on the 3rd of August 1/2lb. of calomel, value 2 s .; 1oz. of oil of wormwood, value 2 s . 4 d .; 1oz. of oil of cajeput, value 10 d .; loz. of oil of nutmegs, value 1 s . 7 d .; 1oz. of pennyroyal, value 1 s . 10 d .; 1oz. oil of almonds essential, value 2 s .; loz. of balsam of Peru, value 6 d .; 1oz. of phosphorus, value 2 s . 4 d .; 1oz. of lunar caustic, value 3 s . 10 d .; 20z. of hydrodate of potash, value 2 s . 4 d .; 2oz. of extract of bark, value 1 s . 4 d .; 2oz. of extract of rhu barb, value 1 s . 4 d . of extract of jalap, value 1 s . 10 d .; 1oz. of oil of cinnamon, value 9 s . 10 d .; 10 glass bottles, value 1 s . 8 d .; and 3 gallipots, value 6 d .; the goods of James Drew and another, his masters. Also for stealing, on the 4th of August , 12 prepared cow-teats, value 7 s . 4 d .; 1/2oz. of spongs, value 8 d .; 1 weight, value 2 d .; and 1 glass bottle. value 2 d .; the goods of the said James Drew and another, his masters; to which he pleaded GUILTY . Aged 32.— Confined Six Months . Fifth Jury, before Mr. Common Serjeant. 1732. WILLIAM LANGLEY was indicted for stealing, on the 8thof July , 1 sovereign, the money of Nathaniel Lawrence Scott ; and that he had been before convicted of felony, ELIZABETH BOULTON . The prisoner was in out service; we kept a fruiterer's shop in Albany-street. On the 8th of July, a gentleman came for change for a sovereign—I gave it the prisoner to get change—he did not return. NATHANIEL LAWRENCE SCOTT . I asked this witness for change—she gave the sovereign to the prisoner—he went out, and did not return. THOMAS LINDERGREEN . I produce a certificate of the prisoner's former conviction, which I got at this place—I know him to be the same man. ( read. ) Prisoner's Defence. I took it to buy some clothes. GUILTY . Aged 18.— Confined One Year . 1733. JOHN WILLIAMS was indicted for stealing, on the 9th of July , 1 handkerchief, value 1 s ., the goods of Thomas Single . THOMAS SINGLE . I live at White Horse-lane, Mile-end. About five o'clock on the 9th of July, I was in Fenchurch-street—I felt something—1 turned, and found my handkerchief in the prisoner's hand, and took it from him—this is it—he ran from me, and two men stopped him when he had ran a hurdred yards. Prisoner. There was a mob round him—I was not the person he took it from. Witness. There was only him and another—I cannot be mis taken—I stopped a moment, as there was a cart coming up a gateway—I then felt what I have described, and saw the handkerchief in the prisoner's hand. GUILTY . Aged 25.— Confined Six Months . 1734. GEORGE GREEN was indicted for stealing, on the 4th of August , 1 waistcoat, value 5 s .; 7 lasts, value 2 s .; 4 shells, value 2 s .; 3 knives, value 1 s .; 6 pairs of boot-fronts, value 1 s .; 1 pair of nippers, value 1 s .; 11 tips, value 6 d .; 1 stick, value 8 d .; 2 shoulder-sticks, value 6 d .; 2 files, value 4 d .; 1 jigger, value 4 d .; 3 awls, value 4 d .; 1 pair of pincers, value 6 d .; 1 brush, value 6 d .; 1oz. of jet value 6 d .; 3 shoe-irons, value 6 d .; 1 fork, value 2 d ., and 1 pair of slipprs, value 2 d .; the goods of Archibald Day , his master. ARCHIBALD DAY . I live at the Green Dragon-court, Southwark. The pri soner was my apprentice for four years—last Tuesday morning, about seven o'clock, he was gone, and I missed these articles—I went to his lodging in two hourse and a half, and found him and all these things—he said he did not know how they came there—he had broken open a box and taken his indentures away. Cross-examined by MR. JONES . Q. You swear that he said he did not know how they came there? A. Yes; he did not say that I had given him some of them—he said before the Magistrate that I had given him the waistcoat—I boutht the duplicate of it, at least I had it for some money—it was not mine orginally—I found it too small—it was part of my duty to find him in clothes—I found there—it was mine—it had been mine perhaps fifteen months—I never sold him any of the articles mentioned in the indictment—I never sold him any thing—he never mended his shoes at my shop—I never gave him leave—I gave him shoes when he wanted them—he repaired his shoes with the leather I gave him, for which he asked me—I never sold him a glass for fourpence—I bought it for my self, but it was of no use to me, and he said, "I should like to have this glass, how much will you take for it?"—I said the sum I gave for it—he said, "Harper would like to have it"—he had it for fourpence—I sold him a toasting-fork for the same person, and four pictures, for 1 s . 3 d .—he paid me for them—there was a watch of his that he took away—I pawned that three different times to raise money on it for myself, by his permission—I pawned it for an execution that was lived on me—I did not sell him the jigger, or coat, not any article in the bundle—I never charged him with stealing the watch—he never complained of my ill-treating him, but his frineds did—I was not taken before a Magistrate on that account—I never told him to go away because I had nothing for him to do—I got him a situation in a steam-boat—he was there four or five months—I received no part of his wages for those months—I said I would claim them but I never did in any way—I received 15 l . premium with him—he was bound by the trustees of some charith at Windsor—I did not know where he was gone to—I went to Mrs. Harper, his sister, first—I have been married two years and a half—I was married before that—I believe my wife is dead—she did not leave me from ill-treatment—I do not know whether she died at my house. JAMES SIMMONDS ( police-constable G 159.) I took the prisoner. These are his indentures which I found in his box, in his room. NOT GUILTY . 1735. HARRIET SCOTT was indicted for stealing, on the 6th of July , 1 bed-curtain, value 4 s ., the goods of Hyam Abrahams . her master. ANN ABRAHAMS . I am the wife of Hyam Abrahams, The prisoner was in our employ, at No, 11, Crawford's-passage—she took a large bed-curtain on the 6th of July—she confessed on Wednesday that she had taken it—on Thursday she ran away, and on Saturday she was taken. Prisoner. I took it to buy a pair of shoes; she does not give me any money. Witness. She had had ten pair of shoes in three months—she had a pair almost every week—they were not new. GUILTY . Aged 16.—Recommended to mercy by the Jury. Confined Seven Days . 1736. ROBERT SWALLOW was indicted for stealing, on the 28th of July , 144 screws, value 2 s .; and 4000 nails, value 4 s .; the goods of Richard Gadsden , his master. RICHARD GADSDEN . I live in Union-street, Old Artillery-ground. The prisoner was in my service for fourteen years—I had a very good opinion of him—I have been missing metal for three months—the officer went to his house, and he produceed 144 screws and 4000 nails, which I know to be mine by the mark on the papers. Cross-examined by MR. PHILLIPS . Q. Suppose I bought a paper of these nails would you not give me paper and all? A. Yes; but these have not been sold—I have every reason to believe they were stolen, but I cannot say whether the screws have not been sold. COURT . Q. Have you missed property of that description? A. Yes; and have missed goods every day since the prisoner has been in con finement—I have never sold him that sort of property—he was my confi dential shopman. THOMAS BUNCE ( police-constable H 138.) I was desired to follow the prisoner—on the 28th of July, he came out and went to a gin-shop—I waited till he came out—I took him to the station, and found this brass on him—I went to No. 1 1/2, South Conduit-street, where he told me he used to lodge—I found there screws and nails in a young woman's box who lives there, JANE ALLEN . My mother keeps this house; the prisoner lodged there, but not in the same room where the property was found. JAMES LAY . I live at Wilmott-square, and am a coal-merchant. I was one evening at No. 1 1/2 South Conduit-street—I heard the prisoner tell Jane Allen to take care of the paper of nails he had brought there from his father—they were for a pair of sofas, and were tied up in a paper. Cross-examined. Q. Did you take any notice of them? A. I think this paper looks something like it. JANE ALLEN re-examined. Q. What did you do with what the prisoner gave you? A. Thy laid on the shelf three days, and then I put them into the box. GUILTY . Aged 23.— Confined One Year . 1737. MARY ROACH was indicted for embezzlemont. CHARLES BENZONI . I live in Duke-street, St. James, and am a milk man The prisoner was in my service to carry out milk and receive money—Mr. Hill, of the Salopian Coffee-house, Charing-cross, was indebted to me. HARRIETT SMITH . I live at the Salopian Coffee-house. I paid the pri soner 11 s . 2 d . on the lst of June, for his master; on the 14th of June, 7 s .; and on the 20th of June, 7 s . more. CHARLES BENZONI . I did not get either of these sums. Cross-examined by MR. JONES . Q. You employed her by the week? A. Yes; I gave her 6 s . per week, and what she could get from customers—she had breakfast and tea with us—she has been about twelve or fifteen months with us—she was not at liberty to deduct her wages from the sums she received—her husband was out of employ for seven months—she has children, I belive. GUILTY . Aged 29.—Recommended to mercyby the Jury. — Confined Ten Days . 1738. JAMES STOW was indicted for stealing, on the 13th of July , 2 pieces of handkerchief, containing 4 handkerchiefs, value 2 l . 4 s ., the goods of the London Dock Company . 2nd COUNT describing the property as fourteen yards of silk. MR. CRESSWELL conducted the Prosecution. HENRY HAYLOCK GRAVELEY . I am foreman of the piece-goods-depart ment, No 3, in the London Docks, On the 13th of July, the prisoner and two other persons were introducted by cook to inspect the rooms—I opened the presses and exhibited the silk goods to view—the prisoner did not leave till after his friends had gone—I noticed that, and I went to the press when he left, and counted the bundles—I missed two pieces—I went in pursuit of the prisoner, overtook him, and gave him in charge to the gate-keeper—I saw him searched, and two pices of badana were found on him—one in his trowsers, the other in his hat—he said, "Give them to me; they are mine—he after wards said, "It must be through the effects of wine"—these are the pieces of handkerchief which came from the bundle that I opened. Cross-examined by MR. JONES . Q. Did you know whether Moyle was there? A. I never heard the name—he did not say till he was before the Magistrate, that he had bought them of a sailor in the Dock—I do not know that sailors are in the habit of selling such things about the docks—there was not time enough for any body to have taken these things, and sold them to him before he was taken—he could not have bought them—two pieces twenty-five pieces in each bundle—I searched them, and found two pieces missing—the presses were locked—we are in the habit of locking them up directly—I was coming to lock up the presses, and then saw the prisoner com ing from the lower press—I went immediately to it. and missed the two pieces, JOHN COOK . I am in the service of London Dock Company. On the 13th of July, I saw the prisoner in the piece-goods-department in the back room—I have heard what the last witness has said—I have nothing to add to it. JOHN HARRIS . I am a constable. The prisoner was given to my charge at the Western Entrance-gate—I found one piece of these handkerchief in his trowsers; and the other in his hat—he said they beloged to himself—when the clerks were gone to the warehouse, he told me he had not taken them for want, and pulled some soveeigns out of his pocket; but he said he had been drinking—he was either drunk or shammed it—he might have been drinking a little. Prisoner. It was half-an-hour after I left the silk-goods-warehouse be fore he came after me out of the gates—I bought them of a seafaring man. (Samuel Thompson, of Little pulteny-street, gave the prisoner a good character.) GUILTY . Aged 27.— Confined Two Years . 1739. JAMES SHERIFF was indicted for stealing, on the 31st of July , 1 handkerchief, value 2 s ., the goods of George Linder , from his person. The prosecutor did not appear. NOT GUILTY . 1740. JOHN PETERSON and MARY PETERSON were indicted for feloniously receiving, on the 14th of April , 1 flute, value 3 s . 6 d ., the goods of William Savage , and another. JAMES BROMLEY . I am the son of james Bromley, of Chichester-mews In December last, a little bou induced me to go to windsor with him, and then we went to Billingsgate; a girl then entied me away—she was Ann Peterson, the prisoners daughter—she is now under sentence of transporta tion—I was lodging at the prisoners' house about April—they sent me out thieving—I went into whitechapel-road with Ann Peterson, and she stole a flute from Mr. Savage, and gave it to me—she told me to take it house and deliver it to the male prisoner—the man and woman both took it in their hands—they both asked me where I got it—I said, "Out of Wite chapel-road"—they said, "Oh, never mind where it came from, so long as you have got it"—I told them I stole it—I did not say I stole it from Mr. Savage, as I did not know the name—they told me to go out, and see if I could not get more—I lodged with them about three months, and they gave me victuals—they knew that I had run away from my mother—I always told them where I got the things from—this is the flute which I gave them—the man took it. John Peterson. No; I turned you and the girl out together, when you said how you had get it. COURT . Q. Did he turn you out of the house, when you brought the flute? A. No; I was there three months, in April, May, and June. John Peterson. He came out of the House of Correction on the 29th of June. Witness. Yes; I then went to you again. John Peterson. Q. Did you not tell me you had neither father nor mo ther, and you wished to learn the trade; of shoemaking? A. No, I did not—I do not know any of trade; but my father is a shoemaker—I make not—I do not know any of the trade; but my father is a shoemaker—I make him a few threads—I said not a word that I had neither father nor mother. John Peterson. Q. Did you not have three months at the House of Correction last January, and then you went to live with a young man named Field; then you went to the City, and stole a pair of trowsers in Tower-street, and was taken before the Lord Mayor, and said you had neither fa ther nor mother? A. No. WILLIAM SAVAGE . I live in Whitechapel-road. I lost this flute two months ago—it has my mark on it. WILLIAM ACKLAND ( police-constable S 180.) I found this flute at Mr. Pige's—I found the duplicate in the prisoner's house, with a great many more. JOHN CHAPMAN . I came from Mr. Pige's a pawnbroker. I did not take in the flure, but this duplicate was given for it. The prisoners put in a written defence, stating that Bromley had com mitted several felonies, and had cohabited with their daughter, but upon their discovering his character they had turned him out of doors. NOT GUILTY . 1741. HENRY SERGEANT was indicted for stealing, on the 11th of February , at St. Bartholomew-the-Great , 1 bag, value 1 d .; 100 sovereigna, 25 half-sovereigns, 1 £40 Bank-note, and 1 order for the payment of 14 l . 19 s ., the goods and monies of James Houghton , his master, in his dwelling-house; to which he pleaded GUILTY . Aged 21.— Transported Life . 1742. SARAH DAVIS was indicted for stealing, on the 14th of July , at St. Faith-under-St.-Paul , 77 1/2 yards of lace, value 9 l . 7 s . the goods of John Henry Jones , in his dwelling-house. MATILDA CLARK . I am in the service of John Henry Jones, millinery and lace warehouse, in St. Paul'd Church-yard. On the 14th of July the priosner came to the shop alone, and asked to look at some lace—I showed her box of lace—she loocked at it, and was in the shop for about twenty minutes—I suspected her from her, manner of looking at it and asking questions—I had occasinon to leave the counter for a few moments, and on my return I found her concealing something under her shawl—I made it known to Mr. Jones; and, finding I knew it, she asked to speak to me alone—I took her up stairs, and she gave me the lace, and begged pardon, and said she was very sorry for what she had done—she was quite a stranger—it is wourth about 10 l . JOHN HENRY JONES . I am master of the shop—it is in the parish of St. Faith under St. Paul. Clark told me that the prisoner had secreted some lace under her shawl—I saw her confused, and the prisoner asked her to go into a private room with her, which she did—I waited outside on the stairs and Clark gave me the lace—here are seventy-seven yards and half—it is worth 9 l . 7 s . 6 d . Cros-examined by MR. PHILLIPS . Q. Did you not promise not to give her into custody if she gave it up? A. I did not—she was searched—she said she had three children dependant of her—she had no child with her at there time, but at the examination she had one. THOMAS ISITT . I am an officer. I took her into custody, and produce the lace. GUILTY . Aged 21. 1743. SARAH DAVIS was again indicted for stealing, on the 14th of July , 56 yards of lace, value 3 l ., the goods of Joseph Clow . THOMAS ISITT . I apprehended the prisoner on the last charge—I asked Miss Clark to search her, and the prisoner herself then pulled from under her shawl this fifty-six yards of lace, and chucked them under the table—I made inquiry, and found they belonged to Mr. Clow. MATILDA CLARK . I searched the prisoner—she gave this lace up to the office—I cannot recollect that she threw it on the table—I am sure it came from her—I told her I was sure she had more, and she gave it up. THOMAS SHARP . I am in the emply of Joseph Clow, of Ludgate-street. The Prisoner came to the shop on the 14th of July, for tbread-edging or lace—I showed her some, and she went away without purchasing—I did not miss any till the officer brought this—I then missed it—I had shown her lace of this description—this belongs to Mr. Clow—she came about one o'clock, and the officer brought it next morning about ten o'clock. Cross-examined. Q. How do you know it? A. By the private mark—I swear it has not been sold—we had obly one card of one pattern in the house—here are three cards with our private mark on them. JOSEPH CLOW . I have no partner—this property is mine, and has our private mark on it. Cross-examined. Q. How many cards of lace might be in the box? A. About twenty, I should think—I had counted them a week before, but not that morning. Prisoner . I beg for mercy for my three children. GUILTY . Aged 21. Transported for Life . Before Mr. Justice Bosanquet . 1744. MARTIN BAILEY was indicted , for that he, on the 3rd of July , at hayes, in and upon Joseph Harris , unlawfully, maliciously, and feloniously, did make an assault; and unlawfully did cut and wound him, in and upon his left arm, with intent, feloniously, wilfully, and of his malice aforethought, to kill and murder him.—2nd COUNT , stating his intent to be to disable him. 3rd COUNT , stating his intent to be to do him some grievous bodily harm. JOSEPH HARRIS . I am a labourer, and live at Uxbridge. I was at Hayes, on Wednesday evening, the 3rd of July—I had been mowing for Mr. Norton—we came up to cut some grass for him at Hayes—we could get no lodging at the public-house, and went to lie down in Mr. Batt's barn—I went to sleep; and after that, the prisoner came and awoke me—he fell upon me—he was thumping me, when I awoke—there were of my partners in the barn when I went to sleep—I had seen nothing of the prisoner before this happened—when I awoke he was astride of me—I laid on my back—he stood across me, and swore he would kill the first b----r he could get at—after I got up, I cast him down, turing him underneath—I got him down on his side, and he called out for help to his partner; and his wife and partner came—I never saw any of them before—they all three fell upon me—two of my partners got out of the barn as soon as they could; the other could not get out so soon as he wished, and he received a cut across his hand—he swore he would cut my b----head off; and he cought upu the scythe, and struck at me; and I fell towards him—the scythe caught at the side of the barn, and it borke right in two—it was John Newman's scythe—it was lying at one end of the barn—there were four together, lying down at the end of the barn—they were what we had been working with—the prisoner had no scythe of his own, that I know of—he picked up the piece of the scythe, which broke off, and cut me in the arm—he broke both the blade and handle—he struck at me with the handle, after he broke the blade, and hit it about the side of the barn, and broke it in two—I cannot say what was the cause of all this; whether it was because we laid down in the place where they were, or what, I do not know; but we never interruupted them, nor saw them—he was not in the barn when we first went in—I do not know what complaint he made; but when he awoke me, he was knocking me about, and straddled over me—he did not attempt to take any thing from me, but he meant murder—he swore he would take my life—I was sober—I do not know whether he wa—he cut me just by the elbow—it was not a very big cut—it was the point of the scythe drove in—it bled uncom monly—it nearly bled me to death—I got out of the place as soon as I could—he said nothing more to me—we had a scuffle—I scuffled to get away—we had a scuffle before he struck me with the scythe—when he first came to me, and I got him on his side; he got me on my back; I was throwing him over on his side—he ealled for help, and then his wife and the other man, all three of them, came upon me—that was all before he got the scythe—I tried to get away, as well as I could—I did not strike him; but when I was down, I tried to knock him off me—there was no reason given for all this—I never saw him or the woman before—I dare say I struck him, in endeavouring to get him—I cannot say how it was—I dare say I gave him a pop , somewhere or other—my partners did not come to help me till he got the fork, and swore he would kill the first b—he could get at—he found Batchelor, and then he hit at him with the scythe; and then Batchelor knocked him down—that was after I was cut—he swore he would run the first b----through—I cannot say what was the cause of his saying so—he broke one scythe to pieces then. Cross-examined by MR. CHAMBERS . Q. Who gave you and your companions leave to go into the barn? A. No one; because the gentle man was gone to bed—it was late, and we did not know where to go—and I had laid in the place before—I could get no lodging, and told my part ners we would go and lie down in Batt's barn—we went without his per mission—it was between ten and eleven, I thing—how long I had been asleep, I cannot say—I and my companions placed the scythes in the barn—I and three more were there—it is not easy to awake me when I am asleep—I heard no noise before I was awoke by the prisoner being over me—I heard some screams after I was awoke—I cannot tellk whether it was the woman or man, not when there was that bother there—they were all screaming together, woman, and child, and men too—there was a child with this man and his wife, and an old man—I cannot tell which was screaming—they were all screaming and bawling together—the woman was screaming afterwards a little—two of my companions were in the barn at that time, and the other two wiyhout—when I awoke my com panions were almost close to me—the woman was not scuffling with the three men—my three partners were lying down; but the woman at the first start was in another place in the barn, but in another bay—I did not hear her scream when I awoke—I cannot say where the screams came from—there was no screaming with the woman till a quarter of an hour after—the woman, the old man, and the prisoner all three attacked me at once—my companions ran away while I was being attacked—the woman screamed after two had gone away—after the fork and sey the had been used—one of my companions took a part in the scuffle, and received the cut acroos his arm—both the old man and the woman got knocked down in the scuffle—Batchelor knocked the woman down in trying to get out of the way—he was trying to get out of the barn, and the man met him, and he knocked the old gentleman down, and the woman too, and he got his seythe up, and went out of the barn with it directly in his hand—he did not take hold of it till after he knocked them down—he caugh it up at the door, and did not come back—he was glad to get away—the prisoner broke to seythes all to pieces—Batchelor got the cut before he caugh he up his own seythe—he received the cut just before he knocked the woman and man down—he took up his seyth after he got the cut—he was not cut with his own seythe—it was one of our own four scythes—he was coming by his seythe when he got the cut—he caught it up as he went out—they were all lying down close to their scythes—if he had stretched out his hand he could have reached his seythe; every one of us might: but awaking in the fright, I did not think about mine—they knocked him down—he ran against the woman, and knocked the old gentleman down—caught up the seythe as it lay there, and bolted out of the barn into the yard—two men had got away then—they did not knock anybody down—they did not take their seythes away—both their seythes were broken to pieces: but mine and Batchelor's were not broken—he took the fork up, and said nobody should come into the barn—and he threw the fork after us, and swore—I cannot tell what became of the child in the scuffle—it was quite an infant in the woman's arms; it was knocked down with the woman—they both screamed and cried—but I had got out of the barn then—Batchelor rushed to the door after I received my cut—While I received my cut, Batchelor and the other two men were lying quitly down—two of them got out of the barn—Batchelor was lying down quietly—it might be ten minutes before he tried to get out of the barn—he did not go back to get his scythe, after he knocked the old man and woman down—as he came out of the barn he caught it up—he did not go back for it—he came for wards—the man and woman were about four yards from the seythe—it laid where he was coming out—he did not go back and fetch it—he had been having a skirmish with the man and woman—he never went back at all—he had not his seythe in his hands when he passed the old man and woman—it lay against the barn door—he was lying down close to his scythe at first—and the man and woman fell on him—he pushed the woman down, and hit the man down—then turned and took his seythe up, and got out of the barn—the skirmish was in the middle of the barn—I know Mr. Batt, whom the barn belongs to—the prisoner was working for him—we did not know that the barn was their sleeping-place—I do know it now—I did not go there next morning—I was not able—I was nearly bled to death—the old man has got two months inprisonment—he gave a very different account to mine, but it was proved wrong. WILLIAM BATCHELOR . I am a day-labourer. On the 3rd of July I went to the barn, about eleven o'clock—we four went in together—we had been working together all summer—we did not find any body in the barn at all when we want in—we went into the thrashing-floor—the door was open, and we set our seythes down—we did not go in above three or four yards before we laid down on the thrashing-floor—there are three or four bays in the barn—we did not look into them to see if there was any body in them—there might be people in the bays, we could not tell—we set our seythes all of a row against the farmer's screen, all together—they, were standing up, leaning against the screen—we all laid down and went to sleep; and about an hour after I laid down, I was awoke by their coming with our seythes to cut us—when I awoke, the first thing I per ceived was the prisoner had got the seythes coming to cut us to pieces—there was another man with and a woman—it was a very dark night—I cannot say how many there were—his wife had a child—I believe it was in arms—they came all together to us—he said, "I shall cut your men all to pieces with the seythe"—he fell on Harris, and cut him—I kept back, and stopped till they had all got out of the barn—I stopped behind till they had all got out—till my other three mates got into the rick-yard—one had a fork and the other a seythe; and he came and cut me across the arm, and said, "You are the worat amongst them all, we will quite kill you," and he was going to cut me again, he had got the seythe up: but there was a brier on it, or I should have been cut—I got in among them, and had a scuf fle, and we were all down together—after my arm was cut, I picked up my scythe, dragged kyself out from among them, and wentout into the rick-yard to my companions—I got clear away from them—I did not see what hap apened between them and Harris—it was very dark—not quite dark, I could not see what they were cutting Harris to pieces with—I think it was as near twelve o'clock as can be. Cross-examined. Q. Perhaps you could not see who it was, then, that attacked Harris? A. I know the prisoner—I know the man so very well by his clothes—I was sure of him—I can give a good gness—I can tell by his clothes and his speech—I know him by his words—I never saw him before, nor ever heard him before—I do not not know what it was that they were striking with, but the seythes were broken all to pieces—it was a large seythe he was cutting with, when he said he would cut me all to pieces—I know it was a seythe which cut me—it was a whole seythe—he took it up by the handle before it broke—I do not know who had the fork—one had a fork, and the other a seythe—I do not know which had the fork when they cut me—I do not know which it was who said he would run any man through with the fork—what I have said is the truth, and I know no more—I heard Harris scream—I know it was his voice—I do not remember that I heard a child or woman scream at all—I heard no body scream when I knocked them down—I did knock somebody down—they were after me, and I went and took my seythe out from among, them, and went off into the rick-yard, and there left it—I do not remem ber whether any one screamed at that time—I heard Harris cry out once. COURT . Q. Did you leave the door of the barn open when you came in? A. Yes; the doors were all open—I do not know whether other people might be asleep in the barn, for I went to sleep immediately I laid down—when I awoke, the people came from inside the barn—I cannot say whether they were there before us—we did not know any body was there. NOT GUILTY . Before Mr. Baron Alderson. 1745. JOHN SMITH was indicated for feloniously assaulting GeorgeThomas , on the 31st of July , at St. Giles Without, Cripplegate ; putting him in fear, and taking from his person and against his will, I half-crown, and 1 shilling, the monies of the said George Thomas. GEORGE THOMAS . I am an undertaker, and live in Craven-buildings, City-road. On the 31st of July, about ten minutes before four o'clock in the morning, I was coming up Barbican, going home—I was quite sober—I had three sovereings, a five-shilling-piece, a half-crown, and a shilling in my pocket—it was broad day-light—I saw the prisoner with another man coming after me—as I went along, the other man said, "Good morning, sir; you are out late as well as us, "—I said, "No, I am out early"—he said, "We have been to Westminster, and been in company, and did not know what time it was"—This conversation lasted about two minutes—they came walking on, one on each side of me—I saw both their face, and am quite certain of the prisoner—he then pinioned me—the pri soner put his arm round me, put his hand in my pocket, took out my money, and ran off directy—it was done in an instant—the prisoner did it all—the other man did nothing at all—both ran down Whitecross-street—the other turned up Beech-lane, and the prisoner down a court which has no thoroughfare, and was caught under a bed in house he ran into—I had called out" Whtch" and "Police"—I only lost a half-crown and a shilling—I thought at first I had lost all my money. Cross-examined by MR. PAYNE . Q. Was it quite light? A. Yes—the prisoner ran away—I did not lose sight of him till he ran into the count; and I said I would not leave the court till I found him—I saw him taken right under the bedstead, dressed as he was at the time. JAMES LEWIS . I am watchman. I heard a cry of "Stop thief," and saw the prisoner running—I followed—he turned up St. Helen's-place, Lower Whitecross-street, which has no thoroughfac—I saw him go up there—I did not take him. JAMES MILLER . I am a watchman. I took the prisoner at No. 4, St. Helen's-place, under the bed derssed as he is now—he gave no account of himself—I found nothing on him. THOMAS PINK . I searched the prisoner, and found 1 s . 6 d .: but the women of the house he went into, locked him in the room, and went out—no half-crown was found. JAMES MILLER re-examined. There was a man and woman in the bed when I went in to look after the prisoner—they were undressed—it was not two minutes after he turned up the place that I took him. GUILTY of stealing from the person only. Aged 19. Transported for Life . Before Mr. Justice Bosanquet. 1746. MARY ROXBOROUGH was indicted for burglariously break ing and entering the dwelling-house of Thomas Morgan , about the hour of twelve in the night of the 7th of July , with intent to steal; and stealing 1 jacket, value 8 s .; and 1 pair of trowsers, value 8 s .; the goods of Thomas Morgan . ANN MORGAN . I am the wife of Thomas Mongan, a bricklayer's labourer. On the 7th of July, we lived in Black Swan-court, Golden-lane, and occupied the lower room—on the 6th of July, I put my hus band's clothes into the box, at the foot of the bed, between eight and nine o'clock in the morning—it has no lock to it—left about eleveno'clock at night—nobody but my two children were in the room, and they were fast asleep—my eldest child is five years old—I locked the door, and put the key in my bosom—the shutters were fastened, and the room was quite safe—I returned at about oneo'clock, with my husband and a party who had been with me, and who lived on the first-floor—I opened the door with the key, as usual—we went to bed, and between eight and nine next morning I took the lid off the box, and seeing the bundle was not as large as it was when I left it, I looked and missed a jacket and trowsers from the buttom of the box—they had been under the bundle—my husband had gone out, and came home to breakfast, when I missed them—on Wednes day morning, about ten o'clock, Mrs. Kelly, who lives in the nighbour hood, brought these clothes home, and inquired for Mrs. Roxborough, to give tnem to her—she showed them to Mr. Clements—Mrs. Murphy was called down—Kelly gave the things into her hands—she is not here, she lived in the court—Murphy gave them to me—they were out of my sight from the time Kelly brought them till Murphy delivered them to me—I came into my own room; and whether I gave the things into Murphy's hands, or took them into my room, I cannot say, but I went in serch of a policeman—I gave the things to the policeman that morning—the prisoner lodged next door to me—I have know her some time—I was out of my room on Monday morning, but I was not absent long—I gave the things to the policeman before the prisoner was apprehended. Cross-examined by MR. PHILLIPS . Q. Why is not Murphy here? A. She told me she would not come unless she was obliged. I understand there was a quarrel between Kelly and the prisoner. HANNAH KELLY . I am the wife of Daniel Kelly, and live in Hartshorn-court. The prisoner is my husband's first cousin—on a Monday, in the beginning of July, about eleven o'clock at night, the prisoner came to my door, but did not come in—I expected her to come, and went to open to my door—she did not lodge with me, but she was aware that I and my hus band had had a few words, and in consequence of those words, I told her I would not go to bed that night, but sit in the chair—she said I was not going tobed directly, she would, perhaps, call again—I said I would not go to bed—she came again at ten minutes to one—she said, "D----n the men! they are all alike; I have been obliged to run away from mine with his trowsers and Ned's jacket; he wants to take them away to pledge them to-morrow for liquo; I want to leave them in your care till I call for them"—she did not say when she thought of going away, she said, "Mrs. Kelly, I shall not take these things to-night, but will call for them in the morning"—I said, "Very well, ma'am"—before she went away, she said to me, "Has he (meaning my husband) asked you for these things?"—I said, "No; he put no questions about them"—on the following morning I had to go from home at ten o'clock, and expected to be from home nearly all day, and was afraid she would want the things while I was absent—I took them in my apron, and went in search of her residence—I inquired of a translator of shoes, at the corner of the court where she lived, and told him my business—Mrs. Murphy came to where I stood, and in a few minutes I went up to the prisoner's door—I had given Mrs. Murphy the clothes—she know me—I saw her again in about ten minutes, while I stood at the prisoner's door—she had not got the clothes then—I stood at the door till the prisoner came out with a policeman—I went to Worship-street with them I saw Mrs. Morgan come down to the bottom of the court—Mrs. Murphy had gone up the court to her, I suppose, for Mrs. Morgan came down directly—Mrs. Murphy took the clothes from me—where she took them to I do not know—I gave them to her at the corner of the court—they were produced when Mrs. Morgan came—they were in my sight, as near as I can remember, when Mrs.Morgan, Murphy, and myself were together—I know nothing of them after I gave them to Mrs.Murphy—I never saw the handkerechief open which contained them—they were open when the prisoner brought them to me—I have not seen them since, except wrapt up in a handkerchief—I never saw them open, at I delivered them. Cross-examined. Q. Who wrapped them in the handkerchief? A. The Pliceman, I suppose, My hushand was in bed at eleven o'clock the night the prisoner came—I saw nobody in the house but the prisoner—we have a gas-light close to the window—I did not take any notice of the clothes till Wednesday morning, when her cousin asked what she had left in my care—I then noticed them—it was at six o'clock in the morning I gave them to Mrs. Murphy, and when she came back she had nothing with her—the prisoner and I were not always good friends—I kept her at a distance—I was not her bitter enemy—we were on the most intimate terms till the Whitsunday previous—she never said my husband left a former wife to live with me—she has been the cause of a qurrel between us, but not on that subject—I have not had quarrels with her about my husband—I heard her speak ill of three years ago to him, and I kept her at a dis tance on account of his repeated warnings that she was no good—I live about a hundred yards from Morgan's house—I have repeatedly prayed for the prisoner—at the same time she is an enemy of mine. NOT GUILTY . First Jury, before Mr. Recorder. 1747. GEORGE SAMUEL INWOOD was indieted for feloniously sending a threatening letter to William Inwood , demanding money of him; to which he pleaded GUILTY . Aged 26,— Transported for Seven Years . 1748. SUSANNA FRASER was indieted for stealing, on the 21st of July , 1 watch, value 20 s .; 1 sheet, value 2 s .; and 2 pillow-cases, value 1 s .; the goods of Amelia Evans , her mistress; to which she pleaded GUILTY . Aged 54.— Confined Three Months . 1749. WILLIAM TUCKER was indieted for steading, on the 6th of June , 1 watch, value 5 l .; 1 watch—chain, value 2 l .; and 1 seal, value 1 l .; the goods of Churles Wright , in his dwelling-house. MR. PHILLIPS conducted the prosecution. CHARLES WRIGHT . I am an attorney, and live in Ely—place. The pri soner called on me the 17th of May—I have known him all his life—he said he had just arrived from Portugal, because the Government of that country had no further need of his services—he said he was in great dis tress, and wished me to relieve him—I said I had a large family, but any trifle for his present wants, I would give him; but he had rich friends, and must apply to them—he said he had a claim on Mr. Bullock, an auctioneer in Holborn, from 90 l ., for goods sold for him, from his chambers in Gray's-inn, before he went abroad—the last time I had seen him he was an attorney in practice—I undertook to see what the claims on Bullock was, and he was in the habit of coming to my office frequently about it—on the 6th of June, between ten and eleven o'clock, he came to the house—the arrangement was proceeding with Mr. Bullock's snilicitor—during the conversation, Mr. M'Laren came in, and I sent the prisoner into the back-office, and when Mr. M'Laren left the prisoner returnde into the front office, and said he wished to write a letter at the desk on my left side—I gave him some paper—this was about twelv or one o'clock—there was nobody but me and the prisoner in the office—at that time, my watch, chain, and seals laid immediately on my right—I left the office, leaving him there writing, and went up—stairs—I retunred in upwards of an hour, and did not find him there—my watch, and chain, and reals were gone—I did not see him again till he was at Marlborough-street—that was about a fornight afterwards—Mr. Pearce was in my back office—the front office leads into the passage, and then into the street—the outer door was shut—nobody could have gone into the front office from the street unless the door had been left open—there is a communication between the back and front office—nobody could come into the front office without being let in by somebody inside—I had a female servant down stairs—there was nothing to prevent her going into the front office. Prisoner. Q. you stated you consented to bring an action against Mr. Bullock, for me? A. I did—Mr. Turner, of Bloomsbury—square, had partly consented to pay thirty guineas, and ten guineas coate—I told you, on the 6th of June, I expected the matter would he completed, but I had agreed with Mr. Turner that you should proceed to America, and they were to pay you on that condition—I told—you of that arrangement on the 6th of June. Q. Did not you, about that time, have a correspondente of yours in town, from Suffolk? A. About that time I did—I did not go out with him that day—I went with him one evening, from seven to eleven o'clock—I did not tell you, on the 6th of June, that I had been out with him till three o'clock—I was not with him in Covent-garden that night—I missed the watch about two o'clock—I saw it while he was there—it lay immediately on my right hand—I should have been aurprised at the prisoner's going, if I had not missed my watch; for I had promisde to give him some silver that afetrnoon, which he said he wanted very badly—he asked me for it that morning, and I think ha said he said he had not a penny in the world—I had no silver about me at the time—between the 6th of June and his being in custody, I wnated to have conferred with him in the cause—Mr. Turner took out a summons before the Judge, to show cause why I should not give his address, and I did not know it—he was to have come to receive his money on the following Tuesday, which I informed him I had expected, and he had come almost every day, to know when it was to be settled. MR. PHILLIPS . Q. The payment of the 30 l . was contingent on his going to America, and you communicated that to him? A. Yes—I first saw him at Marlborough-street office, after the 6th of June—he was not here on my charge. JOHN AUBYN PEARCE . I am clerk to Mr. Wright. I was in the back office on the 6th of June—I remember seeing the prisoner there—Mr. M'Laren had gone into the front office to master—I remember his going away—the prisoner then went into the front office—he afterwards came into the back office to me, and was looking over some writings—he asked me what time the two-penny post went out—I said, "At two o'clock, I be lieve"—he appeared rather confused at the time—I after wards saw him at Marlborough-street—I remember my master returning down stairs to his office—there was no one but the prisoner in master's office from the time Mr. M'Laren left till my master came down—the prisoner generally wrote his letters by my side, in the back office—there was nothing to prevent his writing in the back office as usual. Prisoner. Q. Was there no person in the back office besides yourself and me? A. Nobody in the front—William, the boy, was in the back—the boy had no business in the front office—I will not swear he did not go there—I do not recollect any other person coming in while you were there—I do not recollect a person coming with some meat from the market. COURT . Q. Is William ill? A. Yes; and unable to attend—he is younger then me—if the front office door was shut, nobody could go into it without my knowledge—if the front door was open, a person might go in without my knowledge—there was nothing to prevent William going in without my knowledge—William was constantly with me from the time the prisoner came till he left, I recollect that—he was sitting on a stool by me for half an hour—the prisoner went away about two o'clck—he had come about ten o'clock in the morning—I found him there—he must have gone at two o'clock, because Mr. Wright, generally dines at that hour. JOHN ALEXANDER M'LAREN . I remember going to Mr. Wright's office, on the 6th of June, on business—I left between twelve and one o'clock—when I left, the watch was lying on the desk on the right-hand side—I did not take it—nobody came in while I was there—the prisoner was there—Mr. Wright asked him to retire when I came in—I left the office before Mr. Wright. ANN BARRATT . I am the prosecutor's servant. On the 6th of June, the prisoner was there—I know nothing about the loss of the watch—I did not take it—nobody called between twelve and two o'clock—there is an office bell, which the young men answer. JURY . Q. Did a butcher call from the market? A. Yes; between twelve and one o'clock—I answered the door, and am sure I shut it—there was no other servant not any body in the house—the butcher never came into the house. Prisoner. Q. Is there not a lodger at the house? A. No; nor any other servant—there was no lodger at that time, nor any body in the house. JOHN AUBYN PEARCE re-examined . I did not let any body into the front office during that time—I did not hear the office bell ring—I am certain William did not answer the bell at all—I do not know who let Mr. M'Laren in—I heard of the loss of the watch about half-past two o'clock, as my master came down from lunch. Prisoner's Defence . I called on Mr. Wright about the 17th of May, and employed him to do for me what I do not think I could have got any other person in the profession of the law to have done—it was to recover a sum of money to which I had no earthly right—he consented to do it, and, has told you, matters went on, proceedings were taken, and it being a family matter, he says they agreed to pay 30 l . and ten guineas his costs, if I went to America—he says the following Tuesday was to be the day for paying the 30 l .—I put it to any gentleman of common sense, whether, with the remotest possibility of receiving 30 l . on the Tuesday, I should commit such an act—the reason I did not go to him afterwards was this, the time for pleading had expired, and I understood the party intended to defend the action, and being in difficulties, I knew I should be watched into his office and arrested—another reason was, if the parties had made up their minds to defend the action, I must have dropped it; because they would have beat me by producing a most respectable friend, who would acknowledge he had received the money on my account, and paid it away, which would place him in a very awkward position—I had incurred a bill with Mr. Wright, and that was the reason I did not go to his house—the boy was in the house at the time; he is not produced—I still say he had a lodger, and that lodger a servant—why are they not called?—why not have the best proof in a case of suspicion? NOT GUILTY . 1750. JOHN WADE and EUSTACE JONES were indicted for felo niously breaking and entering the dwelling-house of Jane Green , at the parish of St. Luke, Middlesex , on the 31st of July , and stealing therein I tea-urn, value 4 l . her property. RICHARD PUGH . I am a servant to Miss Jane Green, at Whiteland House, King's-road, Chelsea. On the 31st of July, between six and seven o'clock in the evening, I was in the garden, and saw Wade handing an urn out of the window to Jones—Wade was in the house, on the store-room window on the ground floor—Jones was standing outside—I had seen that window shut about an hour before, close, but do not know whether it was fastened—I had been in the store-room, and am certain it was shut down—it is part of the dwelling-house—there was third man standing in the road, who appeared to belong to them—Wade got out of the window, and Jones gave him back the run—they went out of the front garden into the road—the third man whistled and said, "All is right"—that was before Wade got out of the garden—they went down Turk's-row, by the Asylum wall, and up Sloane-street—Wade walked by himself, and Jones and the other man behind—Wade went up Sloane-street into the New-road—I went and asked a boy for a policeman, and I followed Wade and seized him—the policeman was close to me at the time—Wade said the two whom I saw with him gave it him to carry to Knightsbridge, and were to pay him for it. Cross-examined by MR. PHILLIPS . Q. Had you known Wade before? A. No—it was about half-past six o'clock in the evening—I am certain wade was one of them—I should know the other two also—I saw them for about ten minutes; I was close to them—I do not think they saw me—the third man saw me—there was nothing to prevent their seeing me—I dare say they all saw me; but they did it before they saw me—Wade had the urn under his arm when he was taken. JANE GREEN . I am single. This is my urn—I keep the house at Whitelands. Cross-examined. Q. Is the parish St. Luke, Chelsea? A. Yes—the urn is plated—it is my own—I pay the rates—it is the parish of St. Luke, Chelsea . DAVID M'CANN . I am a policeman. The parish is called St. Luke in Chelsea —I saw the prisoner, about fifteen minutes before the robbery, come down King's-road from a public-house—I assisted in taking Wade with the urn under his arm. Cross-examined. Q. You say you have heard the parish called St. Luke, Chelsea ? A. Yes; I have always heard it called so, but I cannot be certain that is the name. (Jones put in written defence, stating that he could prove he was elsewhere at the time of the robbery, for which purpose he called the following wit nesses.) JAMES TYLER . I have been a clerk in a merchant's office. I am out of a situation now—I was a clerk in Hamburgh last, in the house of Mr. Fisher—I left there last April—I was born at Hull—I live on an allowance from my father—I have known Jones about two months—he came to lodge in the same house as I did, and on Friday, the 31st of July, the day the rob bery is said to be committed—I was with him from about half-past ten till a quarter past seven o'clock in the evening, when he left the lodging-house together with another young man to go to the rendezvous of the East India Company—he left the lodging-house No. 3, Church-lane, Saint Giles, with M'Gee, (who has since left the house—he knew last Friday that the prisoner was taken up—I cannot say why he does not attend)—he was no longer out of my sight than during the time he was in the office of the East India recruiting depôt—I took him there myself to enlist—he entered into the office, and came out again—the circumstance of his not appearing next day, makes me recollect this was the 31st of July—we remarked it—we ex pected to see him there as he owed something to the landlord—he was taken to the doctor of the East Inida Company next morning down at Chelsea—I do not know what has become of the man who has gone away—the pri soner had a dark blue frock coat on on the 31st of July, very much torn—as to the rest of his dress, I cannot say—he was not dressed in a drab coat—the man who was with him had a black-body coat and black trowsers—he left with him at a quarter past seven o'clock—we had been strolling about the street from ten o'clock that morning till a quarter past seven, and in a public-house, and from about five o'clock I was in the lodging-house with him—I was not at Chelsea, and did not go with hims there next day. MORRIS MITCHELL . I rent two houses. The prisoner Jones lodged with me for a year and a half by the name of Jones—on the 31st of July, he was at my premises—he came in between five and six o'clock—the other man was with him—I cannot recollect his name—my house is No. 3, Church-lane, Saint Giles—the last witness lodged with me, his name is Tuney—the man in the black body-coat lodged with me—he left two or three days after, as he could not pay his lodging—he slept in the house the same night as Jones was committed—he knew he was charged with the r obbery—he was with him when he went to the office in Soho-square, on the 31st of July—I did not go with them, but they left my place at a quarter past seven o'clock to go there—I have a clock in my premises, and I noticed the time—I generally take notice of everything that comes in and goes out—he eat and drank be fore he went out—he had bread and butter, and tea or coffee—I do not recol lect which—there was a fire in the room—he made tea himself—I saw him make tea and sit down—I was not out of the house while he was there—there are not many lodgers in the house at the present time, but there was one of them who is here—I cannot tell what time the prisoner took tea on the 30th of July; there are so many coming in and out—I recollect the 31st Well; as he told me as soon as he came in that he had enlisted in the East Inida Company—he said. "I am not to stop here to-night; but I will pay you accordingly, and I will have a cup of tea;" and with that he had a cup of tea, and stopped till a quarter after seven o'clock, till he went to Soho-square. JOSEPH TAYLOR . I live at No. 28, Soho-square, and am a sergeant in the East India recruiting staff. The prisoner Jones came to the depot in Soho-square at half-past eleven o'clock on the 31st of July, and enlisted into the servent, and after that left the premises—I saw no more of him till ten minutes past eight o'clock in the evening—I do not know Church-lane, Saint Giles—you may go to Saint Giles in three minutes from Soho-square, or to any part of it in ten minutes—a person at Chelsea at half-past six o'clock could get to Soho-square about eight o'clock, and have half an hour to spare—he slept at Soho-square that night, to go down in the morn ing to pass the doctor at Chelsea—he entered in the name of James Wil liam Jones. RICHARD PUGH re-examined . I had no acquaintance with the prisoner before that evening—Jones's back was to me when the urn was handed out of the window—I saw his face when he was coming out of the gate—I did not see him all the time; mu attention was more directed to the man carrying the urn—they separated—I am not mistaken in Jones's person—I am sure he is the man—he did not speak at all—the third man was dressed in a dirty light jacket and blue trowsers—Jones had a dirty blue coat and a pair of dirty white trowsers. DAVID M'CANN re-examined . I have not the slightest doubt of Jones—I had seen him the day the King dined at Lord Mansfield's—I saw him with the other prisoner and the third man, at Hampstead—I am sure he is the man I saw with Wade, about fifteen minutes before the robbery—he was dressed in a dark blue frock-coat, and whitish trowsers; dirty—I apprehended him in the Phœnix public-house, Chelsea. JOSEPH TAYLOR . The doctor lives at the bottom of Smith-street, Chelsea. DAVID M'CANN . That is not many yards from the public-house; I apprehended Jones, having seen him with Wade, and suspecting his—I had seen him go into the public-house—he was in company with a sergeant of the East Inida Company when I took him—I have not the slightest doubt of him. (William Sellis, green-grocer, of College-street, Chelsea; John Georgel, Brompton-crescent; and Robert Everard, Oxford-street, gave the prisoner wade a good charactor.) WADE— GUILTY .† Aged 21. JONES— GUILTY .† Aged 23. of stealing only. Transported for Seven Years . 1751. MARY ANN WHITE and BRIDGET HILL were indicted for stealing, on the 28th of July , 1 watch, value 6 l . 10 s .; 1 sovereign; 4 half-crowns; 1 sixpence; and 2 1/2 d . in copper money; the goods and monies of George Fowler . GEORGE FOWLER . I am a servant out of place, and live at Hescott, near York, when I am at home. Between twelve and one o'clock on the night of the 28th of July, I met the prisoners in Thames-street, and went to a house with them near London-bridge—we did not go over the bridge—I went to bed with them both, and stopped till between five and six o'clock next morning; and when I awoke, my watch and money were gone, and the prisoners as well—it was a silver watch, worth 6 l . 10 s ., a sovereign, two or three half-crowns, and some odd silver—I had put my watch on the table over-night, and my money into my trowsers pocket—I have since seen the watch—I never saw the prisoners before—I am cer tain of them—I was in their company for an hour before I went to bed. White . I never saw him till he was a Bow-street. COURT . Q. Were you sober? A. I was not tipsy—I had been drinking, but not much. JOHN LAURANCE . I am a Policeman. On Tuesday, the 28th of July, about half-past seven o'clock in the morning, I was on duty in Drury-lane, and saw white walking near King-street—I saw something shining in her hand—she concealed it under her shawl on seeing me—I went up, and asked what it was—was—she said it was nothing to me—I took it from her, and found it was the watch—she said it was her mother's who lived in the New Cut, and who would give me every satisfaction how she came by it—I went to the maker, and found out the prosecutor—I wrote to Doncaster after him, on the Wednesday following he appeared against the prisoners—White had two shawls and a bonnet on—another constable—White was not in liquor, in my judgement. THOMAS WILLIAM CARTER . I am a Policeman. On Tuesday morning, the 28th of July, I apprehended Hill in castle-street, Long-acre, very much intoxicated and disorderly—I searched her, and found on her a sovereign, four half-crowns, a sixpence, and five halfpence, in the sleeve of her gown. GEORGE FOWLER re-examined. This is my watch—I bought it of Watts, in North Audley-street—I lost a sovereign, two or three half-crowns, a shilling, and two sixpences—I do not recollect having four half-crowns—I am certain the prisoners are the woman—I am more positive of Hill than the other, but I swear to them both—I was in the room about half an hour before I fell asleep. JURY . Q. Where had you been? A. I was going down by the steam-packet, which was to sail next morning; but I was going on board at night, as it started at half-past six o'clock in the morning—I was not tipsy, but I found the gate of the Custom-House locked, and could not go on board—I met the prisoners in Thames-street, and went with them, meaning to return at six o'clock in the morning, I did, and went off by the packet. White's Defence . I was not near London-bridge that night—I was with some females, and was in liquor—I awoke in the station-house, and the policeman charged me with having the watch: but how I came by ot, I do not know—I never saw the gentleman before he was at Bow-street. Hill's Defence . I never saw the man before—I had the money from a gentleman who saw me very much in distress the night before. WHITE— GUILTY . Aged 19. HILL— GUILTY . Aged 17. Transported for seven years . 1752. JOHN GRIFFITHS was indicated for stealing, on the 28th of July , 1 coat, value 20 s .; 1 waistcoat, value 6 s .; and 1 pair of trowsers, value 14 s .; the goods of James Huntley . JAMES HUNTLEY . I am a labourer, and live with my father, at No. 3, Garden-terrace, Thames-bank, Chelsea. The prisoner lodged there four or five months—on the 28th of July, he left the house about half-past seven o'clock, and in about half an hour I missed these things from the room he slept in. JAMES WALKER . I am a gardener, and live in johnson's-place, Thames-bank. I heard of the robbery, and took a Policeman to a puplic-house at Paddington—I found the prisoner, and gare him incharge—he said he knew nothing about it—at the station-house he said he was no thief, nor any rogue; that he went to bed the night before with the intention of doing it, and got up next morning and did it, as he wanted to go. THOMAS TRINGHAM . I am a Policeman. I went with walker to the Bank of England public-house, and found the prisoner; he said he knew nothing about it—I took him to the station-house, searched him, and found on him the prosecutor's trowsers, and two duplicates for the cost and waistcoat; one pawnbroker gave the waistcoat up—he had three pairs of trowsers on—the prosecutor's were next his skin—he said at the station-house, what walker has stated—I found 5 s . 9 d . on him, which he said was part what he had pawned the property for. ROBERT CAMFIELD . I live with George Radnor, a pawnbroker in Tot hill-street, Westminster. I have a coat pawned by the prisoner for 13 s ., in the name of John Pearce. ( Property produced and sworn to .) GUILTY . Aged 32.— Recommended to mercy.— Confined Two Months . 1753. ELIZA SMITH was indicated for stealing, on the 9th of July , 2 pair of half-boots, value 11 s .; and 1 pair of shoes, value 3 s .; the goods of Robert Bryant . JAMES BRYANT . I am in the service of my brother, Robert Bryant, No. 123, Tottenham-court-road. He keeps a shoe-shop—the prisoner visited a lodger in the house, and she sometimes slept there with the lodger—I concealed myself in the shop, on the 9th of July, and watched—I saw her come down stairs, and take one pair of boots and one pair of shoes—she returned up stairs—I went and informed my father, and in a quarter-of-an-hour after she came down and went out—I followed her, and gave her in charge, and the shoes were found on her. HENRY BOLTER ( police-constable E 72.) I took the prisoner into cus tody, and found a pair of shoes and a pair of half-boots on her, and a duplicate—I believed she was in distress—I found a quantity of duplicates for wearing apparal on her. ( Property produced and sworn to. ) (The prisoner pleaded poverty.) GUILTY . Aged 25.— Recommended to mercy. — Confined Two Months . 1754. FREDERICK HADRILL was indicated for stealing, on the 6th of July , 2 1/4 yards of Denmark satin, value 10 s .; 3 pairs of upper leathers, value 2 s .; and 1 1/2 yards of silk, value 1 s .; the goods of Joseph Borsley , his master. JOSEPH BORSLEY . The prisoner was employed as a journeyman clicker, in my service, for about three weeks previous to the 6th of July —after his leaving me, I had occasion to examine a piece of Denmark satin strip, and I saw that a piece of it was gone, because it had been cut straight—in consequence of this, we went after the prisoner—we found the trowsers which were cut of this piece on him—we had reason to believe that they were part of that piece—I can swear to it, because I never saw a piece of stuff like it before nor since—we cannot tell how much we missed; but, judging by the trowsers, it was about two yards—he, and no one else, had an oppertunity of taking it. Cross-examined by MR. CLARKSON . Q. I believe he appeared a poor half-witted, stupid fellow? A. Yes; he seemed to be incapable of con ducting the business—he had a good chracter—he acknowledged before the Magistrate that the upper-leathers were mine. (The prisoner received a good character, and his brother promised to provide for him.) GUILTY . Aged 24.— Recommended to mercy .— Confined One Month . 1755. HENRY RICHARDSON was indicted for stealing, on the 23rd of July , 6 handkerchiefs, value 30 s ., the goods of Isaac Simpson . WILLIAM HOLLIDAY . I am shopman to Isaac Simpson, of Ludgate-hill. At half-past eight o'clock, on the 23d of July, the prisoner came and asked for some cravats—he took a chair, and sat by the counter, while I was attending to a customer—I observed him take off his hat, and put some handkerchiefs into it—I then served the prisoner—he gave me half-a-crown—I said I had not got change—I went next door, called a lad, and sent for an officer—a scuffle ensued—he attempted to take off his hat, and throw the handkerchiefs among some others, but I prevented it, and saw them fall from his hat—these are them. Cross-examined by MR. CLARKSON . Q. These are the handkerchiefs? A. Yes. I did not say before the Magistrate that I could not speak to them, because they had fallen among others—there was a person, who I suppose to be an associate—this is the piece he threw down—it has not been selected since—three or four fell with it, but this peice did not fall among them. GODFREY CROFT . I was called in—I know the prisoner by sight—I saw the handkerchiefs in his hat as he knocked it off his head, and saw this piece fall to the ground. Prisoner. He selected this piece from others; if the officer was here he could prove it. GUILTY . Aged 22.— Transported for Seven Years . 1756. SAMUEL ANDERSON was indicted for stealing, on the 10th of July , 2 quarts of beans, value 6 d ., the goods of Archibald Paris , his master. MARGARET DICKINSION . My husband is bailiff to Archibald Paris. The prisoner was employed in threshing—on the 10th July, about three o'clock, I went into the barn when he was absent, and saw some beans in his dinner-bag; I put my hand in and felt, and there were three pints or two quarts of beans—I then went to look for my husband, and met the prisoner about six o'clock, with some potatoes and beans—I took them from him. Cross-examined by MR. PHILLIPS . Q. Did he not give them up? A. Yes; the prisoner had been ten years in Mr. Paris's employ—he had a large bag on his back, with some potatoes in it—this bag with the beans in it, was round his neck, under his smock-frock—I did not see him the next morning, but I heard that he came to his work as usual—he has a wife and some children. WILLIAM DICKINSON . I am bailiff to Mr. Archibald Paris. The pri soner earned about 15 s . a week. or rather more—I believe these beans are my master's—I have brought some to compare with them. Cross-examined. Q. There are multitudes of beans of the same kind? A. No doubt; but I should think not within three miles—Mr. Paris does not trade in these things, he is a Russian merchant—the prisoner came the next morning to beg pardon, and asked me to let him go to his work—Mr. Paris did not allow his servants to take little things away. THOMAS AUSTIN . I took the prisoner—he said he took them to feed a turkey, which was ill. GUILTY . Aged 46.— Recommended to mercy. — Confined Seven Days . 1757. REUBEN BARNARD BULLOCK was indicted for embeg zelement. MR. BODKIN conducted the Prosecution. JOHN HOLDEN . I am in the employ of Mr. Bradley. He buys cheese of Mr. Dawes, of Chichester—they come to town by Moles' waggon—on the 5th of August, 1834, the prisoner called, and I paid him 1 l . 15 s . for the carriage of some cheese, which had been delivered before—this is the receipt he gave me—he wrote it in my presence. Cross-examined by MR. PHILLIPS . Q. Do you mean to swear that you paid the prisoner yourself? A. Yes; I believe it was on a Tuesday—I paid him in the counting-house—I do not think any one else was there—I brought this book because I have entered the money in it. GEORGE PERRY . I am clerk to Messrs. Moles, of Newgate-street. They deal with Mr. Burch, of Chichester—on the 13th of December I paid the prisoner 5 l . 12 s . 6 d . for the carriage of some cheese—he gave me these two receipts—out of the 309 loaf-cheese which were received, eleven were broken, and we deducted 10 s . for them. Cross-examined. Q. For whom did you pay it? A. For the agent in London, Mr. Pritchett, to be transferred to Mr. Burch—it was for the car riage of the cheese—we paid it, that it might eventually get to Mr. Burch—it was paid on his account. EDWARD PRICHETT . I and another person are proprietors of the Bell inn, Warwick-lane. It is a wagon office—Mr. Dases sends cheese there—when it arrives, it is delivered according to the note which the carman takes out—I am answerable for the money to Mr. Dawes—the prisoner was in our employ, and was to receive any money he was sent for, and account to Mr. Wrangle for it, and enter it as received in the cash-book, which I hold in my hand—here is no entry of 1 l . 15 s . on the 5th of August, and he never ac counted to me for it—on the 13th of December, here is credit given to Messrs. Moles for 2 l . 5 s . 6 d .—he did not account to me for any more of that—these receipts are the prisoner's writing. Cross-examined. Q. Were you examined at the office? A. Yes—if the prisoner was desired by Mr. Wrangle to receive money, it was his duty to do so—he was authorized to receive money by me and my partner—I said in the first instance that he was not, but I was prevented from explain ing—the Magistrate called up Holden before I had time to explain. Q. Do you mean to say that you tendered him the slightest explanation, and he refused to hear it? A. No, I did not—I cannot be positive whether I swore that the prisoner was not authorized to receive money on our account—I said he was not allowed to receive money, meaning this par ticular money—he never was sent out by me to collect these monies—it was his duty to sit at the desk and receive any money—I have only one partner. JURY . Q. Did you ever send him to collect money? A. I do not know that I did—it was left to Mr. Wrangle, if he desired him to collect money he would do it. JOSEPH WRANGLE . I was clerk to the prosecutor in August and December last year. The prisoner was my fellow-clerk—it was his duty to copy bills, to enter them in the book, and to do any thing that I desired him—he received money among other things, and it was his duty to pay it to me, or enter it in the receiving-book—I do not recollect that he ac counted to me for 1 l . 15 s ., received on the 5th of August, and it is not en tered in the book, which it would have been if he had paid it—on the 13th December, here is entered 2 l . 5 s . 6 d ., and no more—we transmitted to Mr. Dawes once a month the money we received for him—here is an account of the delivary of eight-three cheeses to Mr. Bradely, on the 7th of July—the carriage is 1 l .15 s .—this receipt of the 1 l . 15 s . is for the carriage of those cheeses—the prisoner here charges his employers with the receipt of it on account of Mr. Dawes, but has not accounted for it—on the 13th of De cember, here is an entry of 2 l . 5 s . 5 d ., in the prisoner's writing—in this book, here is an entry of a consignment of cheeses to Mr. Bredley—the charge for carriageis 1 l . 15 s .,—there is in the column beyond, "T. Burch," which is the name of the person the chees came from—it is in the prisoner's writing, and written on an erasure—when this account was transmitted to Mr. Burch, the sum of 1 l .15 s . must have stood there. Cross-examined. Q. Did you make out the statement? A. No; the prisoner did—I do not recollect whether I was there when he made it—I might have been—I can swear those figures were there when he made it—I cannot be positive that I saw them, but the bill was copied by the pri soner into this book—the figures have been here, but I cannot swear that I saw them—I do not know that I cast up this column. (George Thompson, a baker, of Falcon-square; George Serjeant, a newspaper vender, of Butcher-hall-lane; and George Shepherd, an en graver, of Red Cross-square, gave the prisoner a good character.) GUILTY . Aged 19.— Transported for seven years . 1758. JOHN MURKIN CORTHORN was indicated for embezzle ment. MR. BODKIN conducted the Prosecution. HARDY JOHNSON . I am a grazier, and live at March, in Cambridge shire. The prisoner was a drover, in my employ for many years—he took beasts to London, and sometimes received the money, which he brought to me, or paid to the agents of the Wisbeach Bank—on the 13th of April, I sent him to London with some beasts—he returned on the Tuesday or Wednes day following, and left this market-bill at my house—here is written upon it "99 l . 19 s .," stated to he the balance; and against that is written "Wis beach Bank"—I believe it is the prisoner's writing—it is written over the word "Ditto," which had been written there before—from the words "Wis beach Bank," I expected it had been paid to the agents of the Wisbeach Bank, in London. Cross-examined by MR. PHILLIPS . Q. Was not the prisoner a beast-salesman? A. No, he is a bullock drover and a sheep salesman, but not a bullock salesman—they were bullocks which he brought on this occasion—I had not given him any specific direction with respect to these particular bullocks—he has received money and brought it to me; and at other times he has paid it into the bank—it was his duty to pay it to myself or into that bank; but in this instance I did not give him any direction at all—I have given him authority to receive money from Mr. John Green, I gave him no order for this—I do not look to Mr. Green for the money—I look to the person who got it—I look to the prisoner, who I expect got it—I never threatened any proceedings against Green, nor directed any—the prisoner was my drover and servant, and I expected him to bring me my accounts properly—if he or somebody else had not written "Wisbeach Bank" over this, I should have said, "where is my money?"—I believe some conversation took place between Mr. Cole and me on this sub ject. Q. Will you did not say to him, "I have nothing to say to Corthorn: I shall look to Green for the money?" A. No; I will swear I did not—I never said to Cole what I intended to do—I never said I look ed to Green for the money—I never said to Hill that I had nothing to say to Corthorn in it—my attorney is Mr. Barley, of March, my son-in-law—I do not know whether I gave him any direction to write Green on the subject of this money—I will not swear that I did not—I am not aware that I did—I discovered that this money had not been paid into the Wis beach Bank on the 19th of May, when I received a letter from the Pri soner's attorney, I think of the name of Fisher—I do not recollect whe ther I directed my son-in-law to write to Green—if I did, it has escaped my memory—we certainly had some talk about it—Hill and son, of west Smithfield, are Green's bankers—I desired my son-in-law to write to them, as an attorney, as being Green's bankers—I do not recollect what I di rected him to write to them for—it was to inquire for the money, I expect, from Hill. Q. Did you not direct him to demand the money from Hill as Green's bankers? A. No, I never did—I did not tell him to write to say that Corthorn had no authority to receive money—I told him to write, to make some inquiry about the money—I did not know that I mentioned Hill—I desired him to write somebody—I expect he did write to Hill—I believe I desired him to write. Q. Was it not after you found that the money had not been paid into the Wisbeach Bank, that you desired your son to write to Hill? A. Yes, as the banker of Green, after I found Corthorn was insolvent. Q. Was it not for the purpose of getting your money from Hill or Green that you desired your attorney to write to him? A. No; I expected the money was somewhere—I had nothing to do with Hill or Green—as soon as I found I was minus , I gave my attorney instructions to write to London, to endeavour to find where the money; was and what had become of it—it was not to make a claim of the money; it was to know what had become of it—I did not know who had it—I judged the pirsoner had had it, from "Wisbeach Bank" being written over the word "Ditto." MR. BODKIN . Q. Had the prisoner, in consequence of these verbal orders of yours, received money from the said parties? A. Yes, and I had acknowledged that a great many times—I never had countermanded that, and directed him not to receive the money. COURT . Q. Had he authority to receive these monies from several per sons, or from one person? A. Always from Hill's bank. JOHN. GREEN . I am beast salesman. On the 13th of April, I sold six beasts for Johnson, which were brought by the prisoner—the money was paid to Hill's bank, as is the invariable practice—three of these beasts were sold to Serivener, and three to Allen. Cross-examined by MR. CLARKSON . Q. Is it the couse of dealing that the butchers who purchase the animals pay the money to Hill and Sons at their convenience? A. Sometimes we compel them to pay before we untie them, but they generally pay it to Mr. llill; and in this instance the beasts were delivered directly, but I did not send to see if they were paid for—I knew the men were good men, and I let them go—I had a letter, which I took to Mr. Hill, and desired his son to answer it—it did not make any demand of money—I van recollect it pretty Well—it said that they had suspicion that Corthan had altered the bill for the beasts sold on such a date, and begged me to let them know if it was so. HENRY WILLIAM BRAND I am clerk to Hill and Co.; they are bankers to Mr. Green. I paid 3 l . for the driving of the beasts, and 99 l . 19 s . for Mr. Johnson—this was on the 13th of April—I paid it to the prisoner—I had known him from his coming to us occasionally—he said he was to take the money—he had received money for Mr. Johnson before, and it was in consequence of that I paid him—this paper is not in the state it was when I gave it him—it has been altered—there has been "Wisbeach Bank" written over the word "ditto," which signified that the money was paid to the prisoner. Cross-examined by MR. CLARKSON . Q. How long have you been at Hills's? A. Four years. I knew the prisoner's person. RICHARD JEFFERYS . I am clerk to Jones and Co., Smithfield. They are bankers, and have an account with the Wisbeach Bank—this is their book—here is no sum of 99 l . 19 s . paid to the credit of Mr. Johnson. JOSIAH RUMBLE I am clerk to Gurney and Co. of Wisbeach, bankers—this 99 l . 19 s . has not been paid in April, or since then, to the credit of Mr. Johnson. The prisoner received a good character. GUILTY . Aged 32.— Recommended to mercy by the Prosecutor. Confined Three Months . 1759. JAMES BROWN was indicted for stealing, on the 4th of August , 2 gowns, value 8 s .; 2 aprons, value 1 s .; and 1 flannel petticoat; the goods of Elizabeth Davis ; and that he had been before convicted of felony. GEORGE CATHERL . I am a stable-man, and live in Carlton-mews. On the 4th of August I saw the prisoner in the saddle-room of Sir Matthew White Ridley—he took two gowns, two aprons, and a ftannel petticoat out—I followed him, and gave him in charge to the police—he dropped the things and I took them to the office. ELIZABETH DAVIS I am single. These are my property HEBER GLOBER ( police-constable A 101.) I produce a certificate of the prisoner's former conviction—( read. ) I know he is the man. GUILTY . Aged 19.— Transported for Seven Years . 1760. RICHARD CARR was indicted for stealing, on the 7th of Au gust , 1 handkerchief, value 2 s ., the goods of William Charles Thomas , from his person. HARRIET OLIVER .—I am not the wife of Thomas Oliver, but I have lived with him three years. On the 7th of August I saw a young man take this handkerchief from the prosecutor's pocket, and give it to the prisoner Cross-examined by MR. JONES Q. Where was the prisoner when the handkerchief was taken? A. They were walking up King-street, talking together I did not see them more than a moment—it was a little after three o'clock. WILLIAM CARLES THOMAS . I was informed my handkerchief was gone. I went to the public-house, and found it there—I had used it that day, and put it back into my pocket. WILLIAM GRIMSDALE . I am landlord of the Black Bull. The prisoner came in there, followed by the prosecutor—this handkerchief was found by my vat—the prisoner could have thrown it there. Cross-examined. Q. Was there any other boy there? A. I do not recollect—I seized the prisoner, and detained him—he did not order any beer, to my knowledge. Prisoner. I know nothing about it. The house was full of people—I had a ship to go to on the next Saturday. GUILTY . Aged 17.— Confined Six Months . 1761. RICHARD LOVELL was indicted for stealing, on the 18th of July , 1 watch, value 2 l . 5 s .; 1 seal, value 7 s .; 1 watch key, value 2 d .; and 1 watch chain, value 1 s .; the goods of William Owen Biggs . WILLIAM OWEN BIGGS . I live at poplar, and am a lighterman. On the 18th of July I went to Billingagate and I took rather more than I should—I did not know what I was doing—I had a watch—I saw the prisoner come to me with a cab SAMUEL LYONS . I drive a cab, No.1084. on the 18th of July, at eleven o'clock at night, the prisoner hired me in Ratcliffe-highway—he said there was a man drunk, who wanted to get home—I took the witness up, and we went on to park-street, poplar—Mrs. Biggs opened the door—she let us in—she took Mr. Biggs's watch and laid it on the sideboard, near where the prisoner stood—we were engaged in talking the handkerchief off Mr. Biggs's neck—he was very ill—he had been drinking, but he knew what he was doing—Mrs. Biggs was in the act of going up-stairs for a pillow, and she said, "I may as well take the watch up"—she turned, and it was gone, and the prisoner was gone at the same instant—I did not take it. Cross-examined by MR. DOANE Q. Was not the prosecutor so had that he could not get into the cab? A. He was walking towards his own home; the prisoner told him he had got a cab, and he was to get in—he could not take the watch while he was in the cab, as the prosecutor sat completely double, he was so poorly—Mrs. Biggs asked me to take off his handker chief—I did not see the prisoner go—I had a coach of my own, but I lost it by bad fortune five months ago—I live at No.9, Back Church-lane—I stopped an hour and a-half at Mr. Biggs's—I would not go till the police man came ELIZABETH BIGGS I am the prosecutor's wife what the witness has stated is true; the prisoner took the watch from my husband's fob—I did not take it out; it was put on the sideboard—I was going up stairs after ward, and the prisoner was gone, and the watch. Cross-examined. Q. Did you go up stairs afterwards? A. No; I did not leave the room for some time—I went for the policeman—the cabman remained about an hour and a half. JOHN COOX I heard the cabman inquire for park-street—I went and showed the door—I stood by the horse, and saw the prisoner come out and go across the road. Prisoner's Defence. I got the cab for the prosecutor—we got him home, and Mrs. Biggs asked me to assist in getting his watch out, which I did—I then said, it was of no use my staying, and I went home—the next morning. the officer came, and asked if I knew any thing about the watch—I said I did not—I was then taken. NOT GUILTY . 1762. HENRY WALLIS was indicted for stealing, on the 11th of July , 1 sheet, value 2 s . 6 d ., the goods of Thomas George Ricketts ; and that he had before been convicted of felony. THOMAS GEORGE RICKETTS . I live in Devonshire-street, Lission-grove, and sell fruit. I employed the prisoner on the 11th of July; I gave him sixpence and his tea—I had a box with two sheets in it, and I missed one of them on the Sunday following—I saw him that evening and I asked him about it—he said he had not had it nor seen it—I said the lodgers had seen him go through the passage to the yard three times—he then said he had pawned it at Till's, in the name of Henry Smith—I believe this is it, but there is no mark on it. GEORGE HALLIDAY . I am Mr. Till, a pawnbroker. I took in this sheet, in the name of Hentry Smith, for 1 s .6 d . I have some re collection of its being a young man, I cannot say who. DAVID LYNCH ( police-constable D 64.) I took the prisoner—the pro secutor charged him with stealing the sheet—he said it was pawned at Till's in the name of Hentry Smith, and he had torn the duplicate—I went and got the sheet the next morning. THOMAS HARRISON ( police-constable D 18.) I produce a certificate of the prisoner's former conviction—I know he is the man. Prisoner's Defence . The prosecutor took me out with him at one o'clock, and kept me till six; he gave me some tea and 3 d .—he told me to come at ten o'clock, and he would give me some supper—I went, and his wife could not get supper—the prosecutor afterwards asked me when the sheet was—I said I had seen none. GUILTY . Aged 17.— Transported for Seven years . 1763. WILLIAM WOOD was indicted for stealing, on the 12th of July , 2 handkerchiefs, value 1 s ., the goods of Robert Blatchely , from his person. ROBERT BLATCHLEY . I was in Covent Garden market on the 12th of July, looking at some birds exposed for sale—I felt something at my pocket—I turned and saw the prisoner in the act of concealing these two hand kerchiefs, which had been in my pocket—I followed him to a public-house—he went in at one door and out at another—I told the policeman, who took him, and found them in his bat. Prisoner . Have you any mark on them? Witness. Not to the best of my knowledge; but I had two, resembling these, in my pocket. WILLIAM DANIELS ( police-constable N 96.) I was on duty in Great Russel-street, and took the prisoner, and found these handkerchiefs in his hat. (The prisoner put in a written defense, stating that he had found the handkerchiefs in the market.) GUILTY . Aged 21.— Confined Six Months . 1764. MARY ANN SLY was indicted for stcalin, on the 21st of July , 2 shifts, value 6 s ., the goods of Mary Jones , her mistress. MARY JONES . The prisoner was my servant. I lost two shifts—I have only found this one—it has my mark on it. Prisoner, My mistress said she would forgive me. Witness. I said I would, if she told me before the policeman came; but she would not till she was taken; she then confessed. HENRY LIVERMORE . I am a pawnbroker. This shift was pawned with me by a female, in the name of Elizabeth Smith. GUILTY . Aged 16.— Confined Six Months . 1765. JHON GREDUS and JHON MADDOX were indicted for stealing, on the 22nd of July, 6 pairs of shoes, value 8 s ., the goods of William Palfrey . WILLIAM BETTS . I am shopman to William Palfrey, of the Commer cial-road. On the 22nd of July, I watched the two prisoners, who wers together, and seemed to be acquainted—I saw Gredna ent these shoes down form my master's door, and walk off them—I did not see Maddox at that time—I had lost him—I ran after Gredus, and took him with the shoes in his possession—these are them—there are six pedra of them. Gredus . I saw them lying down, and took them up. Witness . No; he cut them down, and the knife was found in his possession. GREDUS— GUILTY . Aged 14.— Confined One Month , and Whipped twice . MADDOX— NOT GUILTY . 1766. WILLIAM RALPH and JAMES HUMPHRIES were in dicted for breaking and entering a building within the curtilage of the dwell ing-house of Solomon Cohen , and stealing therein 1 shawl, value 10 s . shirts, value 5 s .; and 1 handkerchief, value 2 s .; his property. HENRY ALLEN ( police-constable N 250.) On the night of the 17th of June I was on duty, and saw the two prisoners together near the wall of the prosecutor's house, about ten o'clock. Cross-examined by MR. PHILLIPS . Q. Was it raining at the time? A. Yes; they apopeared to be avaiding the rain—I did not speak to them. CHARLES DEWINO TAYLER ( Police-sergeant N 10.) I went, in conse quence of information, and took the prisoners—I found this shirt on Ralph. SARAH JACKSON . I am laundry-woman to Mr. Solomon Cohen—he lives in Canonbury-place, in the parish of St. Mary Islington—he has a laundry there—I left it safe between seven and eight o'clock on the 17th of June—I went in on the following morning, between seven and eight o'clock, and missed the shawl, the handkerchief, and shirts—the door was open—the lock had been pushed back. ( property produced and sworn to. ) Ralph's Defence. I bought this shirt in Petticoat-lane—I was not in London for three weeks after these things were stolen—I travel with goods. RALPH— GUILTY . Aged 18.— Transported for Seven Years . HUMPHRIES— NOT GUILTY . 1767. WILLIAM BAKER and GEORGE WHITEMAN were in dicted for stealing, on the 18th of July , I Jacket, value 5 s .; and 1 apron, value 6 d .; the goods of William Wright JAMES DAVIS . I am apprentice to Mr. William Wright; he lives in Cobourg-road. I was holding his horse and gig in Mile-end-road, on the 18th of July, when the priosoners came up, and Whiteman asked me to take 1 d . for my job—they then began to pull the horse about, and Baker ran behind the cart—I then missed the jackedt and apron from the cart—I said "I had been robbed"—Whiteman said, "If you say I robbed you, I will jump your b—y guts our" I had seen this jacket and apron in the gig—there were five or six others with the prisoners. HENRY THOMAS DALLEY ( police-sergeant, K. , 23) I was passing Mile-end-road, and saw a crowd—I took the prisoners, and found the jacket and apron under Baker's arm. Whiteman's Defence . I did not take the things—I was talking to some boys, and they said they had got something—one of them threw the jacket at me. Bakers's Defence . I did not have the things, and should have had none of the money. ---- CASTLE . I have known Baker three years—he always bore a good character. COURT . Q. Do you think you must have known if any thing had happened to him? A. Yes; I live about half a mile from him—I have seen him constantly three or four times a week—I have seen him once a week every week; and he has always borne a good character, and never was away for any time—I do not know that he was in the House of Correction. Q. Have you not heard that he was there for a little offence. A. He was. (This witness was committed.) BAKER— GUILTY . Aged 14. WHITEMAN— GUILTY . Aged 13. Transported for Seven Years . 1768. RICHARD MITCHELL was indicted for stealing, on the 12th of June , 6 sovereigns, 4 shillings, 1 sixpence, and 4 pence in copper, the monies of Charles Wright , his master. CHRISTOPHER FIDGE . I am in the service of Mr. Charles Wright—the prisoner was in his service—on the 12th of June I gave him 6 l . 4 s . 10 d . to pay to Edward Scott, the carrier, for goods received from Mr. John Dee. EDWARD SCOTT . The prisoner came to me on the 12th of June—he gave me a bill, and 5 s . 8 d . for the carriage—he said the money was to be paid into the Cambridge bank, for meat that came from Mr. John Gee, of Sherborn. Prisoner . I did not give you the bill—a lad came, I offered him the bill, and he said Mr. Gee would be in town, and I must pay him—I paid the lad 5 l . 10 s .—you were not in town that day. Witness. Yes, I was, and you paid it to me, and gave me the bill—you came to me the week after, and said the money had been paid into the wrong bank—he said they paid it into the Bury bank—and then he said they had paid it into the Sudbury bank. Prisoner . It is not worth while my standing here to tell what is not true, I acknowledge myself guilty—I had been led into expences, and my salary being too small to support my wife and family, I was induced to apply the sum mentioned to my own use, and had I been at liberty, I should have repaid it—but it was not this witness that I saw. GUILTY . Aged 35. Transported for Seven Years . The prisoner pleaded guilty to a second charge of embezzlement. 1769. JAMES FOLES was indicted for feloniously receiving on the 11th of July , 2 knives, value 1 s .; 4 forks, value 1 s . 6 d .; 1 wine-glass. value 1 s .; 1 tureen, value 2 s .; and 1 scallop-shell, value 2 s .; the goods of William Woods , well knowing them to have been stolen. MR. DOANE conducted the Prosecution . HENRY CARPENTER . I am in the employ of Mr. Garnham, an iron founder in Brick-lane. On the 11th of July I was digging for some sand, and found the articles named in the indictment—I called a man to look at them—I then asked the prisoner if there was any thing in the corner which belonged to him, he said, "Yes," I said I had broked the sugar jar—he said, "B----you, and the sugar-jar too"—he said, "Connolly had brought them there, and that a woman was going to call for them on the morning—I afterwards saw the prisoner go the hold and take something away—he went up stairs with his wife to where they live. Cross-examined by MR. PHILLIPS . Q. He told you Connolly brought them there? A. Yes; I am sure he mentioned that name. JAMES HANLEY . I am an officer. On the 13th of July I went to the prisoner's room, and found these articles I—told him I understood they had been found buried in the sand, and I suspected they had been stolen—he said some man had brought them to him—I took him to the office and he said the man's name was Connolly—I asked if he could account for their being buried in the sand he made no answer—I had not then discovered who the property belonged to. WILLIAM WOODS . I am proprietor of the Castle and Falcon, in Alders gate-street. I had a person named Smith in my service—I know the prisoner's wife as coming to my house—on the 14th of July I went with Hanley to the prisoner's room—the officer had these things then in his possession—I had missed a wine-glass of this description—and these other things I believe to be mine. Q. You could not swear to these things? A. No; I have no mark on them. JOHN GARNHAM . My premises are in Brick-lane. The prisoner was employed in my foundry—I went into the room occupied by the prisoner and his wife on my premises—he has been a faithful servant to me for eight or nine years. JOHN CONNOLLY . I am a painter and glazier, and live at Dalston. I went to the prisoners after the things had been found—he told me some things had been found in the sand, and he had said that the child's father brought them there (I had a child there for three weeks)—I flew into a passion, and said, "Why do you encourage Mary Smith here?"—if I had had a pistol I should have shot him—he said his wife was out and he had not the key of the room—I believe Mary Smith and his wife ought to stand where he stands. NOT GUILTY . 1770. MARIA MARTIN was indicted for stealing on the 13th of July , 2 sheets, value 4 s .; 2 pillow-cases, value 1 s .; 1 basket, value 1 s .; 2 keys, value 2 d .; the property of James Gardiner ; and that she had been before convicted of felony. HANNAH GARDINER . I am the wife of James Gardiner, and live in Pettys-court, St. Pancras. The prisoner occupied a room there till the 13th of July, when she quitted, and next morning I missed these articles—these are my sheets. JOSEPH PECKOVER . I am assistant to Mr. Harrison, a pawnbroker, in Wardour-street. I produce these sheets, but I did not take them in, they Were pawned on the 13th of July, by a woman, I suppose. THOMAS WYLE ( police-constuble E 134.) I produce a certificate of the prisoner's former conviction—( read )—I know she is the person. GUILTY . Aged 30.— Transported for Seven Years . 1771. JANE STEWART was indicted for stealing, on the 6th of July , 1 gravy-spoon, value 1 s . 6 d .; and 1 pair of sugar-tongs, value 5 s .; the goods of Robert M'Ewen Robinson , (since deceased) her master. WILLIAM FREDERICK BLYTH . I lived at Alderman-terrace, St. Pan cras, with Mrs. West; she lodged at Mr. Robinson's—the prisoner waited there as servant—she had the chare of our plate. ---- ROBINSON . I was the wife of Robert M'Ewen Robinson—he is dead—the prisoner was our servant—she left on the 6th of July—we missed this spoon soon after she left—it is like our spoon, and I believe it to be ours—these sugar-tongs I am sure were ours, they are an old-fashioned pair, but I can sear to them. Prisoner. she was not living with him—she was in the country. Wit ness. He tole me on his death-bed that it was his property. NOT GUILTY . 1772. JANE STEWART was again indicted for stealing, on the 13th of July , 11 forks, value 3 l . 7 s .; and 2 ladles, value 10 s .; the goods of Elizabeth dorothy West . WILLIAM FREDERICK BLIYTH . I am nephew to Mrs. Elizabeth Do rothy West. I missed these forks and ladles—I know them to be hers. CHARLES JAMES MERCER . I live with Mr. Burgess, a pawnbroker. I produce the forks and ladles, pawned by the prisoner at different times. WILLIAM FREDERICK BLYTH re-examined. Q. How do you know that Mrs. West did not send them? A. It is not likely—she is not here. NOT GUILTY . 1773. JAMES WESTERN was indicted for stealing, on the 14th of July , 1 looking-glass and frame, value 1 s .; 1 dish, value 6 d .; 1 mug, value 2 d .; and 1 pair of scissors, value 4 d .; the goods of John Clark Jones . SUSANNAH JONES . I am the wife of John Clark Jones, of Bowling. green-lane. the prisoner lodged with us a considerable time—these ar ticles were let to him with the room—on the 14th of July, he had been out several times—I went, up and found a padlock was on his door—he then came down with an easel in his hand—I went to stop him—he re sisted, and struck me—I said I would give him in charge—he went up stairs, and said, "Now stop me with my basket of coals"—I gave him in charge, and we found these things in the basket—they are my husband's, and are worth about 1 s . Prisoner. I do not deny that they are hers, but when I took the room I found every thing of that kind myself—we lived there two years, and during thet time we might have borrowed a few things of her—when I was moving I put these into the basket by mistake. NOT GUILTY . Fifth Jury, before Mr. sergeant Arabin. 1774. OWEN SULKLIVAN was indicted for stealing, on the 17th of July ,1 trunk, value 2 s .; 5 gowns, value 3 l .; 7 petticoats, value 12 s .; 6 collars, value 6 s .; 12 pair of gloves, value 12 s .; 1 pair of boots, value 1 s .; 1 pair of shoes, value 2 s .; 1 yard of silk, value 3 s .; 2 shawls, value 15 s .; 7 handkerchiefs. value 1 l .; 11 pair of stockings, value 11 s .; 2 yards of calico, value 8 d .; 2 aprons, value 3 d .; 12 yards of lace, value 1 l . 1 s .; 1 band, value 1 s . 1 candlestick, value 2 s .; 1 neck-chain, value 5 s .; 1 snuff-box, value, 1 s .; I eye-glass, value 1 s .; and 1 knife, value 6 d .; the goods of Thomas Larkin . 2nd Cound, stating them to belong to Mary Russell THOMAS LARKIN . I am a carrier from Battersea to London. On the 17th of July, I was employed by Mary Russell to fetch two trunks from Bulstrode-street I got them in my cart; I then went with them to Kings land-road, to get a sack of flour; it was them about five o'clock; I left my cart for about two minutes in Union-walk, Kingsland-road; it was a common carrier's cart, boarded behind; when I returned, I missed one of the trunks; I inquired of a woman, who told me some men had got it, and gone round the corner, and the policeman after them—I saw the turnk at the police-station in about ten minutes, and knew it to be the one I lost, because I corded it myself, and tied these elogs on it—the direction was in my pocket. WILLIAM HOLLAND ( police-constable N 146.) On the 17th of July, I was in Union-street, and in consequence of some information I ran into Hackney-road, towards Shoreditch, and saw the prisoner carry this trunk on his shoulder; he turned and saw me; threw it on the ground, and ran away—I came up to where the trunk was, and gave Backhouse charge of it, while I pursued the prisoner—he went on to Bateman's-row, and as he turned there I lost sight of him for half-a-minute but when I turned, I saw him running, and a gentleman stopped him—I came up and took him, he said, what did I want him for?—I said, "For having that trunk"—he said, he had had no trunk—I said, he had—he said, if there were no better officers than me, he would kill me—I am certain he is the man that had the trunk. ROBERT BACKHOUSE ( police-constable H 92.) I saw the prisoner pass ing with the trunk—Holland came running up—the prisoner threw down the trunk, and ran away—I took charge of the trunk. Prisoner. I had seen no box. GUILTY . Aged 23.— Transported for Seven Years . 1775. LAMPITT SAUNDERS was indicted for stealing, on the 2nd of August , 1 basket, value 1 s . 6 d ., the goods of James Rous ; and that he had been before convicted of felony. JAMES ROUS . I drive Mr. Kent's waggon to Abingdon. On the 2nd of August I was in Brentford. I had three baskets tied behind my waggon; I passed on through Ealing, and saw the prisoner in custody of the police man—I followed him, and found this basket—it was one which had been tied to my waggon—I had brought fruit to town in it, but it was empty then. THOMAS POYNTER ( police-constable T 156.) I was at Old Brentford, and saw the prisoner run from the footway, and take this basket from be hind the waggon—he dragged it from the string and broke the handle—I ran and took him. JOHN PASCOE ( police-sergant T 19.) I was at Old Brentford about one o'clock in the morning, on the 2nd of August—I saw the prisoner run be hind the waggon, take hold of the basket, and tear it away from behind—I took him—he asked me to forgive him, and asked if the waggoner would—he said, he did not mean to steal it. Prisoner's Defence . I had been having a drop of beer with a party, who told me they had seen my wife, who had run away from me for ten weeks—I then said I would ride home—I took told of he baskets, and this one came down—I did not mean to steal it. JAMES WARNER . I produce a certificate of the prisoner's former con viction ( read )—I know he is the man. GUILTY . Aged 25.— Transported for Seven Years . 1776. EDWARD DEAN was indicted for stealing, on the 3rd of August , 1 shawl, value 7 s . 6 d ., the goods of Maria Hendry and another. LOUISA HENDRY . I am sister of Maria Hendry—She has one sister in partnership with her—they live in Portland-street—on the 3rd August, I was standing in their shop about three o'clock in the afternoon—the pri soner ran to the door, took this shawl from the window, put it under his coat, and ran away with it—he was brought back by a gentleman with it. JOSEPH NIFTON ( police-constable D 118.) I was passing through wo burn-place, about four o'clock—I saw some persons—I went up, and a gentleman had the prisoner by the collar, and this shawl—I took him to the prosecutrix's shop—I then took him to the station—he asked me what I thought the Magistrate would do with him—I said, I did not know—he said he had found the shawl—I said that could not be the case for a gen tleman on horseback had pursued him—he then said, it was his first of fence, and he hoped he should not be sent to Newgate. Prisoner's Defence . I was going along; three boys rushed out of the shop, and dropped the shawl; I took it up. GUILTY . Aged 19.— Confined for Six Months . 1777. HENRY DAVIES was indicted for stealing, on the 17th of July , 1 pair of trowsers, value 16 s ., the goods of Jacob Russell . ELIZABETH ABEL . I know the shop of Mr. Jacob Russell; he is a pawnbroker, in Fore-street, Cripplegate—I saw the prisoner go to these trowsers, which hung on a string—he rolled them up to the top, then snap ped the string, and took them away—I gave information. Prisoner. Q. Did you go into the shop to give information? A. No; I just stood at the door—I did not lose sight of you—I saw you drop them. RICHARD CALVERT . I am in the employ of Mr. Jacob russell—these are his trowsers—they were at our door. Prisoner's Defence . I was in London-wall, and was taken by some men—the woman then came, and said she saw some man take the trowsers, and she went and told the shopman, but she told the Magistrate she never lost sight of me. GUILTY . Aged 22.— Confined Three Months . 1778. FRANCES MARY DEAN was indicted for stealing, on the 29th of July , I spoon, value 10 s .; the goods of Mark Cohen , her master. ABIGAIL COHEN . I am the wife of Mark Cohen, and live in Great Prescot-street—the prisoner was our temporary servant for five days. On the morningh of the 29th of July I washed this spoon, and put it into the parlour cupboard; and at five o'clock in the afternoon the pri soner asked me to let her go home for a cap—she went, and came back and said her mother was not at home—at seven o'clock I paid her her wages and dismissed her—the next morning I missed the spoon—this is it. ROBERT DAWSON . I am a pawnbroker. This spoon was pawned by the prisoner for 5 s .—she said it was not for her mother, but for Elisabeth Massinger who was a highly respectable woman—I had known her for five years—it is worth about 10 s . or 12 s . (The prisoner put in a written defence, declaring her innocence, and re ceived a good character.) GUILTY . Aged 16.— Recommended to mercy. .— Confined Three Months . 1779. JOHN SMITH was indicted for feloniously breaking and enter ing the warehouse of James Innes Dickeson , on the 2nd of July , and stealing therein 2 medals, value 5 l .; 3 Pairs of trowsers, value 30 s .; 2 rings, value 12 s .; 1 powder-flask, value 7 s .; 2 tassels, value 4 s .; 1 handkerchief, value 2 s .; 1 pair of stockings, value 2 s .; 2 shillings, 1 six pence, and 22 farthings, his goods and monies. JAMES SMITH ( police-sergeant H 2.) On the moning of the 3rd of July, at three o'clock, I stopped the prisoner in High-street, Whitechapel, about one mile from Eastcheap, and saw he had something bulky in his bosom—I asked what he had got—he said a pair of trowsers which he was going to take to his brother, who was a performer at Fairlop—I opened his bo som, and found these trowsers—I took him to the watch-house, and found on him these two medals—this handkerchief was round his neck, and these other articles were about him—he burst into tears, and said he had found them. WILLIAM TAYLOR ( police-constable H 146.) I was with Smith and I took one pair of these trowsers out of the prisoner's cap. JAMES INNES DICKESON . I have a warehouse at No. 48 Eastcheap—no one sleeps three—I left it all secure on the evening of the 2nd of July—I went there next morning, and found it perfectly safe on the outside—one of my young men went in, and found the desk broken open, and the papers strewed about—I then missed these articles, which the policeman after wards borught—they had been locked in my desk the night before—they are pulling down the next house to the warehouse—I consider the person must have got in there, and in at my attic window, which had been boarded up; but one of the boards had been forced down, which would make an aper ture large enough for a man to get in—the warehouse is in the parish of St. Andrew Husbard. Prisoner's Defence . I had been out with one of Mr. Dale's carmen—I laid down in Smithfield, and saw three stout men come and one put his bun dle down, and I took it up. GUILTY .* Aged 16.— Transported for Fourteen Years . 1780. MARGARET KINSELLAR was indicted for stealing on the 27th of July , 1 shift, value, 9 d .; 2 shirts, value 2 s . 9 d .; 1 apron, value 6 d .; 3/4 of yard of silk, value 6 d .; 1 frock, value 3 d .; and 1 pinafore, value 3 d .; the goods of John Hall , her master. FRANCES HALL . I am the wife of John Hall, and am a laundress. The prisoner was in my service for four days—I missed a shift, belonging to a lady, and spoke to her about it—she at first said she did not know about it, and then she said she had pledged it, and if I would give her 1 s . 6 d ., she would bring it to me—I gave her 1 s .; I had no more silver—I asked my husband for a sixpence, and he would know what it was for—I told him, and he called in a policeman—I then searched her trunck, and found another shift of my own, and these two shirts, this apron, and other things—the prisoner's trunk was at Mrs. Moore's. ANN MOORE . I have known the prisoner some years—she bronght the box to my house on the Thursday night—I was not at home when these things, were found in it. WILLIAM SHEPHERD . I am a police-constable. I was on duty—I was called by the prosecutor, and found these things in the prisoner's box—I took her to the watch-house. GUILTY . Aged 19.— Confined Three Months . 1781. EDWARD ROBINSON was indicted for embezzlement. HENRY WAPSHOTT . I keep a livery-stable. The prisoner was my head ostler—he was not authorized to receive money for me. NOT GUILTY . 1782. JOHN WILSON was indieted for stealing, on the 10th of August , 1 hat, value 3 s .; 4 handkerchiefs, value 1 s .; 2 oz. of veal, value 1 d .; 20 s . of pudding, value 1 d .; the goods of John King : 1 canvass bag, value 2 d .; 4oz. of tongue, value 3 d .; and 2oz. of bread, value 1 d .; the goods of John Collins . HENRY RUSH . I am a labourer in the St. Katharine Docks. On the 10th of August, I saw the prisoner on a bale of hides—he had no right there—he put on his hat, came off the bale, and walked down the quay—I stopped him, and asked what he had got—he said, "Nothing"—I took him to the watchman, who found these things on him. MATTHEW MILCHARD . I am watchman at the St. Katharine Dock. Rush brought the prisoner to me, and I found on him a canvas bag with these articles. JOHN COLLINS . I work in the Docks. The bag is mine—it had some tonque and some bread in it for my dinner. JOHN KING . This is my hat and handkerchief—it had some veal in it—I left it on hte top of a pile of hides, where I was employed. Prisoner's Defence. That hat belongs to me—I have no other hat—they would not allow me to go in without a hat—the man might have seen me put the hat on, but I might have taken it off to scratch my head. GUILTY . Aged 22.— Transported for Seven Years . 1783. JOHN EGGBEER was indieted for feloniously forging, on the 29th of june , a request for the delivery of goods, with intent to defrand George Downes , and another. 2nd COUNT , for uttering, with a like in tent; to which he pleaded GUILTY . Aged 19— Transported for Seven Years . 1784. NICHOLAS BRADSHAW was indieted for stealing, on the 18th of July , 1 pair of shoes, value 1 s . 6 d ., the goods of Richard Henry Ashford . THOMAS MAYNARD . I live with Mr. Richard Henry Ashford, in Beth nal-green-road. On the 18th of July, between one and two o'clock, I saw the prisoner go and steal a pair of shoes from a clothes-horse, which stood outside against the stall, while I went up the ladder, to get an article which a person asked me for—I went afetr the prisoner, and found these shoes under his jacket. GEORGE TEAKLE . I am a police-constable. I took the prisoner—he said he picked up the shoes in the road. Prisoner's Defene. I was by the prosecutor's house—I saw a boy come running along he dropped the shoes and I picked them up. GUILTY .† Aged 9.— Transported for Seven Years . 1785. WILLIAM WEAVER was indicted for embezzlement. BARTHOLOMEW FRANCIS FOWLER . I am a ladies' shoemaker, and live in Lloyd's-row, Bethnal-green. The prisoner was in my service—he oc casionally received money for me, and it was his duty to give me an account of it. SARAH DIPPLE . I paid the prisoner 1 s . in July—I do not know the date—it was for a pair of boots. BARTHOLOMEW FRANCIS FOWLER . Dipple had a pair of boots of me, and I had received 3 s . in part of payment—I cannot say when this was received; but I asked the prisoner about it; he denied it at first, and first, and then said he had received it, and appropriated it to his own use. Prisoner . He never accused me of this till afetr I left him. Witness. I beileve I had not of this shilling; it was another; but afetr he was in custody he acknowledged he had received this. GUILTY . Aged 16.— Recommended to mercy. — Confined Three Months . 1786. ROBERT GEORGE was indicted for stealing, on the 18th of July , at St. Bridget alias St. Bride , I pendulum-rod, value 6 l .; and I esx tant, value 3 l .; the goods of William Simms and others, in the dwelling-house of the said William Simms . THOMAS FARRANT . I work for Mr. Kneller Smart, of Princes-street, Leicester-square. On the 18th of July, the prisoner came to the shop—he is a stranger—he broughta piece of silver rod, and wanted to know if we bought old silver—Mr. Smart told him he did—he placed the the rod on the counter—Mr. Smart then asked him where he got it—he said he had been to work at an empty house in the Strand, and he and a bricklayer found it in the privy, and they divided it between them—we asked him where the bricklayer was with the other piece, and togo and fetch it—he said he could not purchase it, but should detain it, and asked him his name and address—he wrote on a paper, "John Williams, No.6 Tower-street, St. Giles's"—I asked him who was the master of the job—he said, a master-builder, named Armstrong, who lived at Pimlico—I afterwards made inquiry, and found his name and address were false—I afterwards went to Lsle-street, Lincoln's-inn-fields with the officer, and saw the prisoner's wife—he told me it was his lodging—I there found a sextant. WILLIAM SIMMS . I am a mathematical-instrument maker, and live in Fleet-street. This property is mine, in trust—it is the property of my late partner, and was in my custody, as one of his executors—it never was part of our stock-in-trade, but articles for his own private amusement, which he retained—they continued in my house after his death, until they could be dis posed of—it is my dwelling-house, and is in the parish of St. Bridget alias Bride—I missed these articles on Monday, the 20th of July—I went out of town on the 21st. Cross-examined by MR. CLARKSON . Q. were you in partnership with Mr. Troughton? A. I had been so, but had ceased to be so for more than two years beforehe died—when he died, the dwelling-house was entirely mine—the deed of dissolution conveyed the dwelling-house to me alone—he died on the 12th of june—this has never been partnership properly—he made a will, which I proved, before this transaction—two other persons were executors—he bequeated his property for sale by auction, or by private contract—one sale has taken place, but this property has never been sold—I have known the prisoner some time—he bore a very respectable character up to this time—I am very sorry to stand in this position. JAMES DUPERE . I am a policeman. I went to the prisoner's lodging and found the sextant and other articles there. WILLIAM SIMMS re-examined. This sextant is not complete—it wants an index glass; but it is a sextant, on account of its form—the name in derived from the form—this is part of the pendulum-rod, and is worth about 6 l . together—the sextant is worth 3 l . Cross-examined. Q. Are you quite sure the two articles are worth more than 5 l .? A. Silver has an intrinsic value—I value it at 4 s . an ounce, which is under the value—the prisoner was working on my pre mises as a journeyman-carpenter—he had oppurtunities of talking much more valuable articles. (Jonathan Tibbs, of Little Wild-street; John Barrow, builder, of Salisbury-court, Fleet-street; Thomas Good, chinaman, of Mill-street, Conduit-street; and—Wrench, publican, of Long-acre; gave the prisoner a good character.) GUILTY . Aged 36.—Recommended to mercy by the Prosecutor. — Transported for Life . 1787. JOHN WILSON was indicted for stealing, on the 21st of July , at St. Marylebone , 1 tea-pot, value 10 l .; 17 spoons, value 10 l .; ladles, value 3 l . 10 s .; 6 forks, value 2 l . 10 s .; 4 knief-rests, value 5 s .; 1 pair of sugar-tongs, value 10 s .; 1 fish. slice, value 30 s .; and 1 candlestick, value 15 s .; the goods of John Anthony Fructuozo , in his dwelling-house. WILLIAM COOK . I am footman to Mr. John Anthony Fructuozo, who lives in Portland-place, in the parish of St. Marylebone. On the 21st of July, at two o'clock in the day, I was going into the pantry, and saw the prisoner come out with a black bag—he was quite a stranger—he ran out of the pantry and shut me in—I opened the door and followed him up the area steps—he dropped the bag on the steps—I caught him as he was opening the gate—he got from me and ran across the way—I pursued and never lost sight of him—he was stopped—I took him back, sent for a ploiceman, and gave him in charge—I found five tea-spoons and two table spoons in his pocket, and the rest of the articles in the indictment were in the bag. Cross-examined by MR. CLARKSON . Q. You cannot be mistaken in his person? A. No—I tore off the skirt of his coat—it is my master's dwell ing-house. PRISCILLA ANSTEAD . I am a servant on of place—I was passing the prosecutor's house, and saw the prisoner run up the area steps—he drop ped the bag, and the tea-pot fell out—he ran away—Cook secured him—I am sure he is the man. JACOB MILLER . I am a policeman. I searched him, and found the spoons in his pocket, and a life-protecter. WILLIAM COOK re-examined. I have examined this plate—it is my master's, and is worth about 8 l . GUILTY . Aged 25.— Transported for life . Before Mr. Justice Bosanquet. 1788. WILLIAM HOYLE was indicted , for that he, on the 20th of April , at St. Peter's, Westcheap, London , feloniously did forge a bill of exchange, which is as follows, that is to say, "No. 104, 109 l . 16 s . 10 d ., London, April 1st, 1835, Three months after date, pay to our order 109 l . 16 s . 10 d ., value received. Thomas M'Mahon and Co. to Mr. G. Ormerod, Rochdale, payable at Messrs. Cunliff, Brooks, and Co. George Or merod;" with intent to defraud Charles Ginnever Kewney and others—2nd COUNT , for feloniously offering, uttering, disposing of, and putting off a like forged bill of exchange, well knowing it to be forged, with like intent—3rd COUNT , for feloniously forging an acceptance of a like bill of exchange, which is as fellows: "Payable at Messrs. Cunliffe, Brooks, and Co. George Ormerod;" with a like intent—4th COUNT , for feloniously offering, &c. the same, well knowing it to be forged, with like intent.—Four other Counts, like four former, only not setting out the forged bill of exchange. MESSRS CLARKSON AND BODKIN condueted the prosecution. CHARLES GINNEVER KEWNEY . I am a hosier, and live at Nottingham. I have two partners—we had transaction with a firm named M'Mahon and Co., of London—the prisoner was represented as one of that firm, and was so, I belive—they owed us between 13, 000 l . and 14, 000 l .—in April last we made application for part of that amount, I afterwards came to London—their place of buisness was in Wood-street, Cheapside—I went there on Monday morning, the 20th of April—I saw the prisoner first at our own warchouse, in Maiden-lane before I went there, I called his attention to the account—he said he had paid part of it at our town warehouse—that was not true—in the afternoon of that day he made me a pay ment of between 500 l . and 600 l ., in bill and cash—there was not 50 l . of it in case—the rest was in bills—the bill in question, of 109 l . 16 s . 10 d ., was among them—( produced )—it was accepted as it now is—he made no observation about it—it was presented for payment, and dishonoured—no such person was to be found. JOHN TEMPEST . I am a manufacturer of flannel, and have lived at Rochdale all my life. I am very well acquainted with the inhabitants—I know there is no such person to be found there as George Ormerod, ex cept a school-boy, about fourteen years old—I have frequently seen that boy—I have not seen him write. Cross-examined by MR. CHAMBERS . Q. Are you well acquainted with the boy? A. I have seen him frequently—his father has been dead these four years—his friends are curries—he lives with his brothers—there are no other George Ormerods there—I have made inquiry JOHN BROWN I am clerk to Cunliff, Brooks, and Co., bankers—we have no customer of the name of Ormerod, to my knowledge. Cross-examined by MR. PHILLIPS . Q. You say, not to your know ledge? A. Yes; it is a country account—my knowledge on the subject is not derived from our books—I do not know the whole of our country customers—my knowledge of the town accounts would be derived from the books—we have a balance-sheet sent up from Manchester—I have looked at that at home—I have not got it here—my knowledge of the country ac counts is derived, in some instances, from that balance-sheet—we might have such a customer without his name being in the balance-sheet—I looked at it for the purpose of seeing whether there was such an account in it—they would be irregular customers that are not included in the balance sheet—they are all chance customers—a person would pay the commission on a bill at Manchester, made payable at our house, and our house at Man cheater advises us of the money and the commission being paid, and we pay it at the town-hous—that description of customers may amount to 100 in a year—I connot retain their names in my memory. MR. BODKIN . Q. Regular customers in the country would appear in the balance-sheet? A. Yes. I have searched that balance-sheet with a view to this transaction—I did not find any such name as George Orme rod—there has been no remittance made on account of this bill—it was not paid on being presented at our house, there being no advice of the money being paid. MR. PHILLIPS . Q. To whom would that bill be presented at your house? A. To myself or Mr. Grey—I connot, of my own knowledge, swear it was not presented to Mr. Gray—he is not here. MR. BODKIN . Q. Whoever presented it, you say it was not paid? A. it was not. COURT . Q. How do you know it was not paid? A. Because we have no advice of it. JOHN HARDMAN . I am an attorney, and live at Rochdale. I have lived there ten years, and was born there—I have made very diligent in quiry to find out George Ormerod—I found one of that name, a publican, living at Catley-lane-bead, three or four miles from Rochdale—that is the only one I could find, expect the school-boy at Rochdale, and there is a son of George Ormerod, of Catley-head-lane. Cross-examined by MR. PHILLIPS . Q. You found a school-boy of that name? A. Yes; at Rochdale—his father is dead—I knew him—the po pulation of Rochdale is about 24, 000—it is not a place that people visit—I have no knowledge of any lodging-hous there—manufacturers are con stantly coming and going—I would not swear that there might not be a George Ormerod living there for a fortnight or a month—I speak merely of the habitual residents of the place. MR. CLARKSON . Q. Do you speak from the inquiry you have made, on purpose to discover the acceptor of the bill? A. I do. GEORGE ORMEROD . I am a publican, and live at Catley-lane-head, near Rochdale—the acceptance of this bill is not my handwriting—I know nothing of it—I have a son George—I know no other George Ormerod near us—it is not my son's handwriting—he is twenty-six years old, and drives my team. Cross-examined. Q. What did you say when asked if there was any other person of that name near the place? A. "Not within miles"—there are many Ormerod's in Lancashire—I go to Rochdale sometimes—there may be lodging-houses there. GEORGE ORMEROD . I live at Coop, about seven miles from Rochdale—I cannot write, and did not write this acceptance, nor authorise any body to write my name to any bill. Cross-examined. Q. Do you know any other George Ormerod about the place? A. No; I only know the last witness—I never saw his son George. GEORGE ORMEROD , of Catley-lane-head, re-examined. I know George Ormerod, at Fearon-hill, seven or eight miles from me, and about eight miles from Rochdale. WILLIAM WAUGH LEE . I am the son of the Post-mistress, of Roch dale—I have delivered letters there upwards of twenty years—I do not know any George Ormerod there, except the currier's son, the school-boy—there is one lives at Catley-lane-head, and one at Coop, and one at Fearon-hill—he is of the firm of George Ormerod and Son's of Watler-barns—it is near Rochdale, seven or eight miles off—I do not know a George Ormerod living there—Walter-barns are the works belonging to the firm at Fearon-hill. JOHN FINNEY . I am an accountant, and live in Watling-street. I know the prisoner, and frequently saw him write—the acceptance to this bill is his handwriting, I never no doubt. Cross-examined. Q. Will you swear it positively? A. My answer was, "That is the handwriting of the prisoner, I have no doubt"—I connot say when I saw him write last—it was from the middle of April, and during the wbole of May, this year—I saw him write at his own place, No. 6, Wood-street—I connot say that I have seen this before—( looking at two papers )—it is possible—I connot say whose handwriting this is—I have seen the prisoner attempt to write various hands—I have seen him writing on paper, and it possibly might be this very piece of paper—I have wit nessed the different kinds of handwriting he could write—he has attempted to do so—the acceptance of this bill is his natural handwriting—I have compared it with his books, letter by letter—the moment I cast my eye on the bill, I said, "That is Mr. Hoyle's handwriting," without any refer ence—I compared it, letter by letter, on account of the seriousness of the affair—I have seen his writing in the day-book of M'Mahon and Hoyle—it was writing which he has stated to me to be his—not when I have seen him write, but I have seen his write very frequently, and have seen him write in the books—the books were not kept by one Tillidge—I have seen Tillidge write—the body of this bill, I should say, is Mr. Tillidge's haad writing. WILLIAM SPERING . I was in the employ of M'Mahon and Co., of Wood-street, as warehouseman and traveller, the prisoner was one of the firm—I have frequently seen him write—I belive this acceptance to be his hand writing. Cross-examined. Q. When did you him write last? A. About the 9th of May—it is his ordinary handwriting—I have seen the bill since it has been returned—it was shown to me to examine—the body of the bill is written by Tillidge, and it is singed by Thomas M'Mahon himself—it is his genuine signature. ELIAS TILLIDGE . I was formely clerk to Messrs. M'Mahon and Co.—the prisoner was one of the firm—I have seen this bill before—the body of it is any handwriting—I wrote it by the prisoner's direction—I have fre quently seen the prisoner write, and have not the least doubt of the acceptance being his handwriting. Cross-examined. Q. Do you know batchelor? A. No: I know a man named B atchelor came in and bought some goods—Hoyle used to know him—I never said that the words, "Payable at" and "George Ormerod," were not the prisoner's handwriting. MR. CLARKSON . Q. Do you know Batchelor, except from what the prisoner told you? A. Not at all—I did not know his name. WILLIAM HENMAN . I am a City policeman. I took the prisoner into custody, on the charge of forging a bill of 109 l ., on Mr. Kewney, of Not tingham—he asked me to treat him with kindness, and he would be quiet—I told him, I certainly would treat him with kindness, if he would be quiet—(I took him at his house at Hoxton-New-town)—he immediately made his escape, and ran out of the house—I pursed him, and secured him in the next street—I took him to the station-house, in Stoke-New ington-road; and on fetching him from there, while he was in the cab, going to the Compter, he seemed anxious to say something—I cautioned him, and said it was a serious charge, and what he said to me might, per haps, be evidence against him, and he had better say nothing—he said it could not affect his case; the charge of forgery they could not prove; but that I was very lucky; if I had not taken him that night, I should not have taken him at all, for he would have been off next morning, where nobody would have found him. JOHN FINNEY re-examined . It was my duty to inquire into the validity of the sundry bills—I asked the prisoner about this bill—he said the acceptor was a respectable draper, living at Rochdale ( Bill read .) Prisoner's Defence . I claim your attention; I trust you have not made up your minds to send me over the water without hearing me speak; I did not run away for fear of being taken for forgery; when I said, if I had not been taken that night, I should have gone where I could not be found; I meant to say, my family would have been removed, where he would not have found me that day; for I had been apprised that my old assigees were going to lay hold of my furniture, and meant to move to morrow, to save it. You have had one or two witnesses to swear to my handwriting; in answer to their evidence, I shall produce a clerk in my employ, whom will mpositively swear the bills are not in my handwriting; that witness has seen more of my handwriting than any person in court; no part of the acceptance is my writing. In March last I became ac quainted with John Batchelor, and asked him to recommend us customers; about the 28th of March, he called at our warehouse, and said a friend of his, Mr. Mitchell, of Rochdale, had come to town, and he would bring him; on Monday I received a note, requesting me to meet him at the Three Bucks, in Eaton-street; he said he had a commission from some persons in Rochdale to purchase hosiery, and named a house which Mit chell assured me was highly respectable; and what he (Mitchell) lived in Drake-street, Rochdale. I took down the orders, which being large, I thought it better to get bills accepted, than give them three months credit. I afterwards stated this to Mitchell; who stated, that if I would draw the bills, he would send them down to Rochdale for acceptance. On the 1st of April, I told Tillidge to draw the bills; four were drawn; I gave them to Mitchell, who promised to get them accepted; on the 12th of April, Batchelor called at my private residence, and gave me the bills, accepted by Ormerod and Co., and said he had received them in a parcel from Mitchell, who had returned to Rochdale; the prosecutor afterwards called on me for the payment of his account, 213 l ., which was due in cash; my partner paid him cash and bills, accounting to, I believe, 239 l .; he said he would get the bills discounted, and return the balance; observing I had I had other bills, he offered to get them discounted too, and I gave him the one in question, and three others; about the 23rd of April, I sent for the proceeds, but he refused to give it up till he saw what turn our affairs took; and being fearful, as our stock was destroyed by fire, that we might become embarrassed, we would not press him for it. (The prisoner entered into other particulars respecting his commercial transactions, but not reffering to the charge.) FIELD ASHWORTH . I live in Silver-street, Cheapside—I have known the prisoner for the last ten years—I have seen him write a good deal—I am well acquainted with his handwriting—this acceptance is not like his regular handwriting. COURT . Q. Do you believe it to be his handwriting? A. I believe not. MR. CLARKSON . Q. Are you the person the prisoner calls his clerk? A. I do not know—I have been his clerk, not his porter—I do not know whose handwriting this indorsement "Thomas M'Mahon" is—it looks more like the prisoner's handwriting than the other—I do not mean to say that the ac ceptance is not his handwriting, I merely tell you what I think—I did not see it written—he did not write different hands when I have seen him write—he generally wrote a plain hand, like a school-hand—this indorsement is nearly like his general hand—there is not exactly a likeness between the two, not so as to show it is the same hand—I know Mr. White, the prose cutor's agent in London—when the charge was first made against the pri soner, I called at White's—I met a person I knew at Rochdale, named Stir ling, and he said White wanted to speak to me—he asked me to go over, and I did—we talked about this charge. Q. Did you tell White you had no doubt the prisoner forged the accept ance of both the bills; for you knew he had paid 20 l . to take up a forged acceptance the day before? A. I do not recollect that—I will swear I never did say so—I did not see the 20 l . bill, and never knew what it was; but I knew there was something wrong about it—it was not proved under the bankruptcy, and this sane bill had been paid—I believe I had been informed so six weeks ago in the country—I was informed that bill was taken up by Hoyle's friends—I might make use of the word "forged" on that occasion—I never meant to say it was forged, I might have said it was a bad bill—I never said that I knew the prisoner had forged that bill, to my knowledge—I did not use the word "forged," to the best of my knowledge—I do not recollect saying I knew the bill had been forged—I never said the prisoner had forged Ormerod's name, or the name of David Lord—I had never seen the bills—I came from the neighbourhood of Rochdale, and so did the prisoner—I do not know George Ormerod, a draper there—I have not been down there since the prisoner was committed—I do not know a man of the name of George Ormerod there—I know a good deal of Rochdale—I was in town when the prisoner was examined the second time at the Mansion House—I was at the examination—I did not state any thing—I heard some of the witnesses say it was his handwriting, but I never saw the bill—I have been to France twice—I gave over busi ness there—I did not abscond—I was not forced to go—I went on a jour ney of pleasure—I was never a great deal indebted—I did not go to France, to avoid my creditors the first time—nor the second; I went for pleasure both times. Q. Were you able, then, to pay your debts? A. I do not think proper to answer that question. COURT Q. When did you first see this bill? A. To-day—I came at the prisoner's request to see the bill, to speak to his handwriting—it was never shown to me. SAMUEL WHITE . I am agent in London for the prosecutors—I recollect Ashworth coming to my warehouse before the prisoner's committal—he told me he had no doubt the prisoner had forged the acceptance in question, and gave as his reason that he had had to take up an acceptance for 20 l .; forged for him about a month before the conversation—we were speaking of the acceptances of George Ormerod and David Lord—he came into our warehouse, and said I had sent for him; but I had not—Thomas M'Mahon was in the warehouse at the time—he said he had not the least doubt that the acceptance was forged; for he knew that the prisoner had taken up a 20 l . forged bill lying in other parties' hands in the country; and that was about a month before. MR. KEWNEY re-examined . I received the bill in their warehouse in the City. GUILTY . Aged 29.— Transported for Life . Before Mr. Sergeant Bosanquet. 1789. RICHARD NEWCOMB , CHARLES STOCKEY , EDWARD HOOKER , and GEORGE GOODWIN were indicated for stealing, on the 4th of July , at St. Marylebone , 2 pelisses, value 1 l . 5 s .; 4 frocks, value 1 l .; 1 shawl, value 1 l . 15 s . 8 yards of silk, value 1 l . 10 s .; 1 apron, value 3 s .; 2 handkerchiefs, value 5 s . 3/4 of a yard of crape, value 18 d . 1 yard of bombazin, value 3 s .; and 1 pair of shoes, value 2 s .; the goods of George Roberts , in his dwelling-house. GEORGE ROBERTS . I keep the Portland arms, in Wilson-street, Dorset-square. On saturday, the 4th of July, between Five and six o'clock in the evening, the four prisoners came to my house, with another young man not present; they went into the back parlour—two young men, (Cope and Hurd,) had been in that room that day, besides my own family; they were in the room when the prisoners entered—nobody else had been in the room that day—they had a pot of half-and-half, and, I believe, a pint of half-and-half—Hurd and Cope came put of the room soon after the prisoners went in—Newcomb afterwards came out, and went away—after that Stokey, and the man who is not here, came out and went away; and after that Hooker and Goodwin came out, and drank a pint of half-and-half at the bar; but before they came out, they rang the bell, and I answered it—I went into the room, and they ordered a pint of half-and-half—I did not immediately leave the room to get it; and they said "A pint of half-and-half" two or three times, in a hurried manner—I left the room to get it, and they followed me to the bar, and drank it—I observed nothing particular when I went into the room—they went away immediately—I went into the parlour the mo ment they left, having suspiction, and observed a small piece of bombezin and a piece of crape on the floor, and a piece of silk hanging out of the drawer—I could not have seen the drawer from the part of the room I was in when I answered the bell; and I cannot say whether these things were there, as the drawers were on the other side of the bagetello-board—I could not see any thing if it had been on the floor, where I was—I went to the bar to Mr. Roberts, and informed her; and then we went together to the parlour—I found all the drawers locked except one, and the key was not there—I believed it had been left in the drawer that morning—I sent for a locksmith; he opened one drawer, and Mrs. Roberts missed several things from that drawer—I then went to find Hurd and cope—I knew where they lived—I made inquiry of them, and went with them to the Waterloo Arms, High-street, Marylebone—that was about eight o'clock—I saw all the prisoners there, with the other man, who is not here—while we were taking the prisoners, he managed to escape—I had an officer who took them into custody—Hooker was stopped at the door, and the other three in the skittle-ground—the officer told Hooker at the door what he was taken for, and I believe he said he knew nothing about it—I did not here the others wake any remark—they did not ask, in my hearing, what they were taken for—they said "Very well, we can go," or something. Cross-examined by MR. PHILLIPS . Q. Is not your house very much frequently? A. No; very badly—I dare say the bagatelle-table is an in ducement for people to come—I have not kept one since the robbery—the prisoners came between Five and Six o'clock in the evening—Newcomb, went out first alone—I should think he was not in the room above twenty to twenty-five minutes—he left about half-past five, or a quarter to six o'clock; I did not notice the time—Stokey went out in about ten minutes or a quarter of an hour—I saw them both go out—I went into the room to answer the bell immediately after they went out, and observer nothing at all—the other two prisoners followed me immediately to the bar, and drank the half-and-half—I thought Newcomb went out in a very odd manner—he had his hat in his hand, and scratched his head as he went by the bar; his manner aroused my suspicions—he went out alone—I know bagatelle-tables are forbidden—there was no one playing—I only let people in there who use it; people of whom I have a good opinion—but the prisoners went in without my knowledge—I saw them going in, but I well knew Cope and Hurd, and asked them if they knew them. Cross-examined by MR. JONES . Q. I believed some of the men have been at your house before? A. I have some recollection of seeing Hooker at the skittle-ground—I had been at home the whole day, attending to the business—I was never summoned about the bagatelle-table—Mr. Rawlin son reprimanded me when he committed the prisoners. COURT . Q. Are you sure of the order in which the prisoners went out? A. Quite certain; I made a memorandum of it, shortly after they were gone, as soon as I knew their names—Newcomp came out first alone, Stockey afterwards, with the other man—I told the Magistrate that the man des cribed to me as Newcomb came out first—I did not know any of their names. Q. Did not you say that "about a quarter-of-an-hour after Cope and Hurd came out, the prisoner Stokey came out, scratching his head, and ten minutes after, Newcomb and the other man, not here, came out." did you state that to the Magistrate? A. Perhaps I might—I did not know their names; I can point them out—the last man but one came out first, and scratched his head, (Stokey) the further one (Newcomb) in the one that went out with the fifth man. ANN PEARCE . I am the prosecutor's servant. On the Saturday, I re member Hurd and Cope coming to the parlour, and afterwards the four prisoners and another one came—I did not knew the prisoners before—I took them in a pot of beer, and a lighted candle—I went into the room, and took a child's bonnet out of a cupboard in the room—after that Hurd and Cope came away—I did not see any thing lying on the floor when I went in for the bonnet—I could see the top part of the drawers, but not the rest, as I did not go round that side—it is a good sized room—the drawers stood at one end of the bagatelle-board, and the cupboard is in the corner, I saw nothing lying on the floor—after Cope and Hurd left I took the child out of doors, and when I came home, I went into the room, and examined the drawers; it was between eight and nine o'clock, before the prisoners were taken; I believe master was gone after them—I examined the drawers and missed the property belonging to my master—I had seen the frock in the drawer between nine and ten o'clock in the morning—I did not notice the other things; they were kept in another drawer—I do not know whether I left the key in the drawer or not, that morning—it is usually kept in the bar parlour—I found the key, on Sunday morning underneath the drawers—two frocks were taken out of the middle drawer. Cross-examined by MR. PHILLIPS . Q. Had you been at home all day? A. Yes; there is a pot-boy, about fourteen years old, his name is Charles Moore; he is not here—there is no waiter—the bagatelle-table was on an ordinary dining table, there was nothing to conceal about it—people go to play there often—customers are allowed to play at it when they like; every one that chooses; the door is never locked; anybody goes in—it is locked at night, but not in the daytime—we generally put up the shutters at eleven o'clock—I cannot say when the house is closed—I went out about seven o'clock; the prisoners had been there about half-an-hour—Hurd and Cope had been playing at bagatelle when they were there—there might have been people playing, and I not know it. Q. From the time you open the house till you shut it at night, was it not a room of usual resort for the customers who chose to go in? A. Yes; I have not seen any body turned out of it—master sometimes prevented people going into it—the prisoners went into the room without molestation—I suppose the bagatelle-table has been there about eight months. JURY . Q. Do not the union club meet there? A. The carpenters' union do. WILLIAM HURD . I was servant to Mr. Collins, an oilman, at the time in question. I was at Roberts's with Cope, and had a pint of half-and-half, and played at bagatelle—the four prisoners and another came in, in about a quarter of an hour—we had done playing when they came in—Hooker and Newcomb played—I left them all five there in about a quarter of an hour—while I was there there was nothing lying on the floor, not any thing hanging out of the drawers, or I must have seen it—I went to the Waterloo Arms with Mr. Roberts the same evening—I saw the prisoners there—I have seen Hooker before, but not the others. Cross-examined by Mr. Jones. Q. Were you playing with Hooker that evening? A. I was not—Cope asked him where he should see him in the evening and he said at the Waterloo Arms, High-street—that is where he was taken. JOHN COPE . I was at the Portman Arms with Hurd. The prisoners came in, and we went away in about a quarter of an hour or twenty minutes—I saw nothing on the floor while we were there—if there had been two yards of bombazin I must have seen it—I saw nothing hanging out of the drawers—I saw the drawers—I knew Hooker, and have seen three of the prisoners before, and the one who is not here, but know nothing of them—I never saw Newcomb before. Cross-examined by MR. PHILLIPS . Q. Were you often playing at that house? A. Yes, often; perhaps twice or three times a week within three months—it is a public table—I have seen a great number of persons playing there of all descriptions—there are a great many there at times—people go there at all hours in the day—I have been there as late as eleveb o'clock, and other persons also, playing—it was past five when I went there that day—nobody was there when I went—it is a small room—I think a person going to the cupboard mjust have seen bombazin on the floor—the drawers are about two yards on the other side of the begatelle-board which hides the drawers—I could see the top of them. Cross-examined by MR. JONES . Q. You have known something of Hooker before? A. Yes; I know nothing against his character—when I was coming away I asked Hooker where he would be that evening—he said, at the waterloo Arms, High-street, and I found him there. GEORGE BAILEY . I was a policeman at the time. I was on duty in High-street, and went to the Waterloo Arms, by Roberts's desire—I waited at the door till two more constables came—we went into the skittle-ground at the back of the house—Cope pointed out three of the prisoners, and there was one at the door, which was Hooker—the other three I took in the skittle-ground—they did not ask what I took them for—I had the care of Stokey; and going along High-street I asked him if he was aware of the nature of the charge against him—he said, no he was not—I said it was for stealing some things out of a public-house—he said he knew nothing at all about them—they were all searched at the station-house, but nothing was found relating to the robbery—they had a few shillings. Cross-examined by MR. JONES . Q. Why did you leave the police? A. It has no connexion with this—I was dismissed for drinking while I was on duty—I was reported for being drunk before the commissioners. CATHERINE ROBERTS . I am the prosecutor's wife. On this Saturday my husband gave me information of this, and showed me a yard and a half of bombazin—I went into the little parlour, and saw about half a yard of crape on the floor, and about three-quarters of a yard of silk hanging out of the drawer—a person in the room must have seen it—I examined one drawer, which was left unlocked, and missed from it two child's pelisses, two frocks, and a pair of shoes—one pelisse was white, and one silk—we had one drawer broken open, and I missed form that two remanants of silk and a shawl—one peice of silk was about three yards, and the other four—I missed two frocks and two pocket-handkerchiefs from another drawer, a silk apron, and a pice of twilled muslin—I had seen all these things about nine o'clock in the morning—the key is usually kept in the bar-parlour, but is often left in the drawers—the drawers were not broken open. Cross-examined by MR. PAYNE . Q. Were not the artiles of dress most of them children's things? A. Yes; I missed them at about seven o'clock in the evening—I had not seen any body in the room—I was not much in the bar. JURY . Q. Did the key fit all the drawers? A. Yes; I have not a doubt the things taken were worth more than £5. NOT GUILTY . Before Mr. Baron Alderson. 1790. MARY FOSTER , alias GOODRIDGE , was indicted for fe loniously and burglariously breaking entering the dwelling-house of Joseph Foster , on the 19th of July , at St. Pancras , and stealing therein 2 gowns, value 12 s .; 1 shawl, value 3 s .; the goods of Louisa Eaton : 1 coat, value 1 l ., 15 s .; 7 pair of trowsers, value 1 l ., 8 s .; 5 waistcoats, value 30 s .; 9 shirts, value 1 l . 16 s .; 7 handkerchiefs, value 9 s .; 3 night-gowns, value 7 s .; 2 shifts, value 7 s .; 2 shawls, value 10 s .; 1 veil, value 2 s .; 3aprons, value 2 s .; 1 parasol, value 2 s ., 5 pair of stockings, value 10 s .; 3 collars, value 18 d .; 3 table-cloths, value 7 s .; 4 towels, value 4 s . 5 yards of flannel, value 5 s .; 1 pillow-case, value 6 d .; 4 caps, value 3 s .; 1 muff value 3 s .; 1 tippet, value 3 s .; 8 frocks. value 10 s .; 4 petticonts, value 8 s .; 2 pair of stays, value 7 s .; 1 sovereign; 1 half-sovereign; 3 crowns; 8 half-crowns; 20 shillings; 15 sixpenees; and 8 shillings in copper monies; the goods and monies of the said Joseph Foster. JOSEPH FOSTER . I live at No. 51, Seymour-street, St. Paneras. The house is let out in different apartments—it is Mr. Mitchell's house—I have the shop and parlours, all on one floor—there is a mews at the back of the house—there is a private door in front, lending to every part of the house—my part of the house is separated by an inner door—Mit chell does not live in the house—I went to bad on Saturday night, July the 19th, about a quarter past one o'clock—I was the last person up—my wife went to bad with me—I saw every thing fast before I went to bed—I got up next morning, unlocked the side door, and found my till standing on the back table, and a ladder stood against the window, which was open—it had been shut the night before—the ladder was stand ing against the window in the back yard—a person must get over a wall nine feet high to get into the yard—I lost a sovereign, a half-sovereign, three crown-pieces, some half-crowns, about twenty shillings, and nearly five pounds in money and other property, and a considerable quantity of wearing apparel—nothing was broken open but the till—the drawers in the back parlour were all open—the prisoner is my niece—she did not live in the house with me—I went about half—past eight o'clock that morning to the prisoner's lodging, with a policemen, and found part of the property. Cross-examined by MR. PAYNE . Q. Did not you know where she lived at the time? A. I did not—I have known her a considerable time as a relation—the ladder had been lying down in the back yard for a long time—I keep a ham and beef shop—I fastened the shop door, and then went and saw the back door which goes into the mews—the person got in at the back window, which was down I went to bed, but not fastened—there was a fastening to—it has been fresh panited and will not fasten—I saw the window when I went to bed—it was shut down—it is a sash—the ladder was necesary to get into it. AMBROSE COVENEY ( police-constable G 188.) I was on duty in St. Pancras on Sunday morning, about half-past four o'clock, and saw the prisoner standing at the prosecutor's shop door, half of which was wide open—it is a folding door—she had a parcel in ber hand—she said, "It is a fine morn ing, Sir"—I said, "Yes, it is"—she said, "Do you kown where I can get a cab?"—I said, "No, except it is in Tottenham-court-road"—she said, "I want to go to the Angel at Islington; I have been waiting a long time for my uncle to get up, but he goes to bed so late, he gets up late"—she offered me a pint of beer, which I refused—she pressed me to take it, and gave me 2 1/2 d .—I said I would send a man for a cab for her, and within a few minutes of five o'clock I saw a cab come to the door—I saw her bring a bundle out of the shop and put it into the cab, she then brought out another and a parcel, and gave the cabman—then she slam med the door too, got into the cab, and drove it away—hearing of this robbery in the morning, about half-past eight, I went to the bottom of Windsor-street, Islingtom, and found her sitting at breakiast, and the parcel in the room; I crossed the room, took it up, and said, "Whose parcel is this?"—she said, "It is mine"—I said, "Where are the bun dles you put into the cab, in Seymour-street?"—"In the other room" said she—she wanted to go out—I said, "No, you are my prisoner"—she asked me to let her go into the next room—I went with her—she took off the gown she had on and put on a green gown, which she sent her sweet heart for—I said, "Dees thin gown belong to the bundle?"—she said, "Yes it does"—I sent for the prosecutor and he elsimed the property, which I have here—when I opened the bubdle, and was tying it up she turned to the bureau, got a razor out, and tried to cut her throat—she made it bleed—I caught hold of her, and she went into hysterics—I put her into a coach, and took her to the station—house. Cross-examined. Q. How long have you been a policeman? A. Five years and a half—I was on that best twelve months—I never saw the prisoner, to my knowledge, till that morning—I swear that I never saw or spoke to her before—I swear I did not see her the week after Whitsunday last—her sweetheart went and showed me where she lived—she did not talk to me about her uncle before this—I never said he was a d—d shuffling humbug—it was my duty to be in the street frem one o'clock to half-past four o'clock on Sunday morning, near Mr. Foster's—a person might get in without my seeing it, the distance I had to go—when I saw her standing at the door I had no suspicion—I saw she was a big of Fosters' and conceived her to be one of the famity—she favours him in likeness—I swear I never saw her before—there was no other policeman on that spot; there was one just by—I had gone near Foster's house that night—I always go down the mews every other time I come round my beat, and sometimes every time—she slammed the door leud enough for people to hear thirty yards off—Forster slept in the kitchen underneath the shop—I know of no robbery being committted befour on my beat. Q. On your oath you not party to this concern? A. No; I was not—I did not advise it—I will swear I was not a party to it—I saw her sweetheart at his father's at Islington—they told me he was her sweet heart when I inquired for that name—Foster said her friends lived at lslington—I asked him where she lived, he said he did not kown, but he thought it was somewhere at lslington—I was told the name of her sweet heart by a shoemaker just by—Mr. Foster told me his name, and I in quired for him—he showed me where to find her, and went with me—a man and woman lived in the house—there were only three rooms on the ground-floor—I found the things in one of the end rooms—she was sitting in the middle room. Q. Do you persist in saying it was possible for the robbery to be com mitted without your being a party to it? A. Yes. COURT . Q. Does your best lay at the back or front of the house? A. Both; when a person is over the back wall they are out of my sight—I was before the magistrate—I saw him sing the prisoner's examination—I do not know his writing. SAHAH FOSTER . I know this property to be my husband's—they were safe on Saturday evening, when we went to bed, and they were gone next morning. Cross-examined. Q. How long have you been married? A. Five years. I have known the prisoner tweive years—I knew her when she was about thirteen—I know of nothing particular happening then, more than what happens with young men and yound girls—my husband's shirts are marked—they were all in the house that Saturday night, in drawere and boxes—two boxes had been opened—we sleep in the back kitchen under the shop—the things were in the back room, and in the middle room—I did not hear any noise—I awoke about three minuttes before five o'clock—I do not know what awoke me, but I looked at the clock—my husband got up at about six o'clock—the window was shut down, but not fastened, before I went to bed—a mignionette-box stood at the window, and that was taken down—I saw the prisoner on the Sunday before, we went to see her father and mother, at Elder-walk, Islington—she came to our house when she pleased—she behaved well in our presence—I know the policeman by his being on the beat—I think the prisoner was at our house in the Whitsun-week—I remember her going to fetch some cyder for her sweetheart, who was at our house—he gave her the money—it was about half-past ten o'clock at night—the policeman was not on duty that night—he was on day-duty—there was another policeman on duty that night—I know he was not on duty that night, because he was on day-duty at that time—I remember the night very well—the po liceman passed backwards and forwards—I know it was not the witness—the prisoner has been to our house since—she seldom came without her sweetheart—not once since Whitsuntide. AMBROSE COVENEY re-examined by MR. PAYNE . Q. did not you, on the Saturday week, after Whitsuntide last, see this young woman in Drum mond-street, about nine or ten o'clock? A. No. I did not ask her to give me some drink—I did not send her down a mews to wait till I came to her—I did not assist her over the wall, that I swear—I did not tell her to conceal herself behind a stone where I had often slept; if I had slept behind a stone, where must my Sergeant have been?—I did not place the ladder against the window—I did not take the mignionette box off the win dow-ledge—I did not know there was one there—I did not go into the shop—I did not take a chisel or beef-knife, and cut the till away from the coun ter, nor give the prisoner half-a-crown, and put the rest of the money into my pocket—I did not make the prisoner promise to say nothing about it, nor threaten to murder her if she said any thing about what had taken place—I did not tell her to ask for a cab for fear another officer should be about—I did not shut to the shop door—it appears the noise awoke Mrs. Foster—when she went from the door, it wanted three or four minutes to five o'clock—I did not promise to meet her the same evening in Drum mond-street, and settle every thing with her cousin; nor bid her good morning, and tell her to take care of herself—I did not tell her not to let the cabman to drive to the door of her lodging—I got to her lodging about half past eight o'clock on Sunday morning. Q. Did not you say she was not to say a word about your having any thing to do with it, and if she asked her uncle, you were sure he would forgive her? A. I did not—she did not say her uncle would not forgive her, as she could not tell him where the money was, I having got it—I saw the premises about seven o'clock in the morning—I do not know whether the till had been fastened to the counter—I did not see any man about the wall, or getting over the wall, that night—I can come close to the wall on my beat—my beat is half a mile up, and the same down—I should pass this place about once an hour—I deny all these things. Prisoner's Defence. I met the policeman on Whitsun-week, one evening about ten o'clock; I have met him several times since that, when I have been sent out for beer and cyder from my aunt's several times. On the 7th of July I met him, and he told me to meet him on the Saturday-week following, which I did, and he began clling my uncle a d----d shuffling humbug—I said my uncle had used me very ill from a child, and he committed a rape on me when I was thirteen years of age—Williams was with me on the 7th of July, and the policeman asked me who was with me—I said "Mr. Williams"—he said that night would not do, I must come by myself to him, and I went on this Saturday night into a mews—it was very dark; I was afraid to stop there—I met him—he told me to conceal myself in a water-closet there; which I did till eleven o'clock, when he came and assisted me over the wall, and told me to conceal myself behind a stone, which I did, and about twelve o'clock my uncle came down stairs and went to the water-closet—I had a great mind to speak to him, but my strength failed me, and my uncle went to bed—at half-past one o'clock, when the police man saw the light gone out, he came and took the mignionette-box away and assisted me to the window and told me to go in, which I did, and he cut the till from the counter and took out the money himself—I asked him what loose money there was; he said, "Not much"—he gave me half-a-crown, took the till and set it on the table, unlocked the door, and told me to listen for his footsteps when he came round in front, and told me if I said any thing to any body he would murder me—he carne to the front door, and sent a policeman down to a man who keeps a cab, but he was not to be found—a man came down who sells coffee; I had asked him if he met a cab to send me one—he sent one in about half or three quarters of an hour—I have a witness here who saw me speak to the policeman several times. FRANCIS WILLIAMS . I am the prisoner's sweetheart. I have seen the policeman Ambrose Coveney before, at Mr. Foster's door—the prisoner has been with me when I have seen him—I have seen her speak to him—I saw her speak to him on the Wednesday evening after Whitsunday. COURT . Q. What was it he said to her? A. I did not hear—he was talking in company with her for a quarter of an hour or three quarters of an hour—I am a shoemaker. GUILTY . Aged 21.—Recommended to mercy by the Prosecutor. — Transported for Life . Before Mr. Justice Bosanquet. 1791. JOHN SMITH was indicted for feloniously breaking and enter ing the dwelling-house of James Hagger , on the 28th of July , at Edmonton , and stealing therein 1 cost, value 20 s .; 2 pair of trowsers, value 25 s .; 1 waistcoat, value 4 s .; 2 pair of shoes, value 8 s .; value 3 s .; 1 shawl, value 12 s .; 2 necklaces, value 1 s .; and 1 gown, value 5 s .; his property. JAMES HAGGER . I am a labourer, and live in the parish of Edmonton. I rent a cottage there—on the 28th of July it was broken open—I left at about seven o'clock in the morning—I left nobody in it—I fastened it; I locked the doof, and took the key with me—the windows were both fast—I returned at about seven o'clock at night, and found a square of glass taken out of the window, which was half open, and the door burst open inside—the neighbours had alarmed me before I got to the house—I missed the property stated in the indictment—I had seen them safe that morning, before I went out—I gave information to the policeman—I saw the prisoner pass me on the 8th of August, as I was at work, with one of my handkerchiefs round his neck, at four o'clock in the afternoon, in the Green-lanes, and gave information—George went after him and took him. JAMES GEORGE . I am a Bow-street patrol. I received information from the prosecutor, on the 8th of August, and went in search of the pri soner—I met him in the Green-lanes inthe afternoon, and apprehended him—I told him he was accused of robbing a coottage—I saw a handker chief on his neck which answered the description of one the prosecutor lost; and the prosecutor came up and identified it. ELIZA LAWRANCE . I am nearly fourteen years old, and am the daughter of Mrs. Lawrance, who lives on Bowl Green, Edmonton. On Tuesday, the 28th of July, about three o'clock in the afternoon, the prisoner came to my mother's house and asked for some water to drink—I gave him some; he drank it and went away—he had nothing with him then—I saw him again about half-past three o'clock, with a bundle; not a very large one—it was wrapped in a cross-barred light handkerchief—my mother's house is about 150 yards from the prosecutor's—when he left our house he went towards Hagger's house, and when he had the bundle he was coming from there—I did not know him before—I am sure he is the person—I am quite certain of him. ELIZABETH PIERCE . I am the wife of Thomas Pierce. On Tuesday, the 28th of July, about one o'clock, I saw the prisoner lying on the river bank, about forty yards from Hagger's—I am sure it was the prisoner—I saw his features as I passed—I said before the Magistrate that it was a man of the same dress. JAMES HAGGER re-examined . I know this handkerchief by the holes in the middle—I had had it about three years—I am certain it is one of the things stolen that day. Prisoner's Defence. When the officer took me I was in the main road—he said, "Halloo, let me look at the shoes you have on your feet"—I asked what he wanted with them—he said he wnated to look at them—I took them off, and that man came over and said, "Let me look at that handkerchief"—he looked at it, and said, "It is mine," and the officer pur it into his month to say right down that it was his; and on the Monday morning, when we had a hearing before the Magistrate, the girl and woman said I was like the man, and the clothes were like mine—the officer pur in into their mouths that they must say that it was me—I was never in the place in my life, and do not know where it is. GUILTY . Aged 35.— Transported for Life . Before Mr. Baron Alderson. 1792. EDWIN MOOR was indicted for stealing, on the 27th of June , at St. Sepulchre , 1 handkerchief, value 1 s .; 5 sovereigns, and 20 shillings; the goods and monies of Seth Moor : and 1 watch, value 1 l ., the goods of Susan Morris ; in the dwelling-house of the said Seth Moor . ANN MOOR . I am the wife of Seth Moor, and am the prisoner's aunt. He lived with me—I live at No. 30, Fleet-lane—the prisoner was at my house on Saturday, the 27th of June—we rent the lower part of the house of Mr. Lawrence, who does not live there—I went out about three o'clock in the afternoon; I left the prisoner and my son, between eight and nine years old in my premises—I saw this property safe in a chest ten minutes before I went out—it was five sovereigns and above 20 s . in silver—the watch hung over the mantel-shelf—that belonged to his aunt, susan Morris—I returned about six o'clock, and the prisoner was gone; my little boy was at home—I missed my property directly, and a silk handkerchief—I have not seen any of it since—the prisoner, when he left, had old colthes on—he left an lod shirt behind him, and a pair of trowsers, and a jacket which we had bought for him—he had no clothes beside what he had on—I saw him in custody on the Sunday-week after, with all new clothes on—he had lived with me nearly three weeks—we had had no quarrel with him, and knew no reason for his going away—his aunt Susan and him had had a few words the day before—his friends are in the country and he was out of a situation. Prisoner. Q. Did not I fall out with my aunt that morning? A. No; it was on the Friday—she did not say she wished he was out of the way—she said he would never leave off his bad company. HENRY MORRIS . I am a plasterer, and am the prisoner's uncle. His mother is my sister—I saw the prisoner after he was apprehended, at the station-house—I asked how he could be so cruel as to rob his aunts—he said he had not robbed them, and had not taken the watch. THOMAS KESTELL . I am a policeman. I was on my beat on Sunday, the 5th of July, and saw the prisoner in Well-street, Oxford-street; and from information I received, I walked after him—he saw me, and ran away as fast as he possibly could—I cried, "Stop him"—he was stopped in Oxford-market, and I took him—he said, "What do you want of me?"—I said, "You know very well, or you would not have run"—I took him to the station-house, and sent for his uncle, who charged him with this—I found 8 s . 4 d . on him. Prisoner. He said I had robbed my uncle of 32 l . Witness. I did not. Proisoner I was at work at the time over Waterloo-road—the child who was left at home with me, had robbed her three weeks before. ANN MOOR re-examined. It is not true; my boy has not robbed me—I never was robbed out of my parlour at all before—I have been robbed of halfpence by my boys, whom I have had in my service. Prisoner She told me her own boy had robbed her of upwards of 4 l . Witness. I did not—I said the boys had spent money while I was out; they sold coals and spent the money—that was the boys I employed to carry out coals—I discharged them—they had been spending the money with my little boy before. NOT GUILTY . First Jury, before Mr. Recorder. 1793. RICHARD HITCHINGS was indicted for feloniously breaking and entering the dwelling-house of Edward Reed , on the 28th July , at St. Matthew, Bethnal-green , and stealing therein 3 tame pigeons, value 1 s . 6 d ., the goods of John Reed . JOHN REED . I am a corn-chandler, and live in Church-street, Bethnal-green. On the morningg between the 28th and 29th of July, I lost some tame pigeons out of the loft of my father's house—the tiles seemed to have been shifted, and put on again—I was three of the pigeons the following day in the prisoner's loft, next door but one—I found the prisoner in the house at work, with another young man—I told him I had come after the pigeons—he said they were up in his loft; the officer was with me—he said they had fallen down the chimney-pots—we went up to the loft, and they were there—he said I ought to pay him 6 d . each for "trappage"—the pigeons I lost are worth 1 s . 6 d .—I had fed them that night and they could not get out unless somebody had let them out—I saw marks in the gutter, as if somebody had been there—there was a little mud. Cross-examined by MR. PAYNE . Q. Is there not a custom of paying "trappage" when pigeons come to another man's place? A. If any body catches a pigeon, they will make you pay for it before they give it you—I have caught people's pigeons myself, but never made them pay for them—other persons' pigeons have come to me; but unless you have pigeons your self, they will not come—they do at times go down a chimney—they are always locked up at night—I do not keep traps and snares at the top of my house—there are traps to draw the doors up to let my pigeons out and in—when they come in they cannot get out again—it is to stop my own pigeons from going out—strange pigeons often come in—all the prisoner's chimnies are wired but one, but my two pigeons could not get out unless somebody let them out—these pigeons had eggs, and were on the eggs—I saw them all there on the 28th of July—I did not count them, but I can miss one without counting—nobody goes up to the roof but myself and brother—I do not walk on the tiles—it is a left at the top of the house—I do not mean to say the prisoner got in, but somebody must have got in—he said directly that they were in his left, and took us up there at once—they have since brought another pigeon, and said it flew down the chimney, but it was not mine. NOT GUILTY . 1794. ELIZABETH BROWN was indicted for feloniously breaking and entering the dwelling-house of Thomas Jackson , on the 31st of July , at St. Paul, Covent-garden , and stealing therein one dead fowl, value 3 s .; his property. JOSEPH BELASEO . I am going on for fifteen years of age—I live in White Hart-yard. On the 31st of July, I was near the shop of Mr. Jack son, in Bow-street—I saw the prisoner fold a handkerchief round her right hand, and thrust both her hands through the window, and take a dead fowl out of the window—she was laid hold of with it—she was intoxicated. WILLIAM PASSFIELD . I am the shopman to Thomas Jackson, who is a tavern-keeper, and lives at No.33, Bow-street, in the parish of St. Paul, Covent-garden. I was in the shop—I heard the glass smash, and ran out—laid hold of the prisoner, who had a fowl, which I had placed in the window about half an hour previous—she seemed drunk—she was very abusive indeed. GEORGE GOODHALL . I am a policeman. I saw Passfield holding the prisoner, who had the fowl in her hand—she was rather intoxicated. Prisoner's Defence?. I knew nothing of it, I was so drunk. GUILTY . Aged 40.— Recommended to mercy. .— Confined One Year . 1795. LAZARUS LEVY was indicted for feloniously breaking and entering the dwelling-house of Edmund Fleming , on the 27th of July , at Christchurch, London , and stealing therein 13 rings, value 15 l ., his goods. WILLIAM JOHN SMALLSHAW . I am foreman to Edmund Fleming, a pawnbroker, at No. 90, Newgate-street. On the morning of the 27th of July, about a quarter to eight o'clock, I heard a crack at the window—I was at the farther end of the shop—an alarm was given of "Stop theif," and the prisoner was brought back—seven mourning rings were produced, which the officer has got—there had been thirteen rings on the card—they were worth 14 l . or 15 l .—the selling price is more. Cross-examined by MR. PHILLIPS . Q. The officer brought the rings into your shop? A. Yes; they were those I had lost—I am certain they had been drawn out of the window. JAMES MITCHELL . I am a patrol of Farringdon Within. I was in Newgate-street on the morning of the 27th of July, and heard the cry of "Stop thief"—I ran down Ivy-lane, and caught hold of the prisoner—I took him to the Compter—I saw him put his hand into his pocket, and as we went by a grating, he threw down a card of rings, which I now produce—I took them off the grating. Cross-examined. Q. Were you always positive that he threw down the card? A. I have known him a long time—I am satisified he threw them away—I always said so. WILLIAM JOHN SMALLSHAW re-examined. These six rings are my mas ter's, I am quite certain—they could not be taken, except by breaking the window—I saw them safe about half an hour before—the house is in the parish of Christchurch, Newgate-street. Cross-examined. Q. State the name of the parish? A. Christchruch, Newgate-street—all the parish receipts have that on them—that is the name I have seen. COURT . Q. Do you mean the parish is Christchurch, but situated in Newgate-street? A. The receipts for the rates statd "Christchurch, New gate-street." (Several witnesses deposed to the prisoner's good character.) GUILTY of stealing only. Aged 22.— Transported for Seven Years . 1796. DANIEL SMITH , alias Donovan , was indicted for feloniously breaking and entering the dwelling-house of Francis Butcher , on the 5th of July , at St. Dunstan Stebonheath alias Stepney , and stealing therein 7 so vereigns, 1 half-crown, 10 shillings, and 1 sixpence, his monies. FRANCIS BUTCHER . I live at No. 19, Holme-street, Green-street, in the parish of Stepney, or St. Dunstan Stebonheath. On the 5th of July, I went with my family to Fairlop fair—I went between nine and ten o'clock in the morning I locked the house up—the side door was locked, and the doors and windows all fast—nobody was left in the house—the inside door was left ajar—I have two lodgers, they both went with me—I returned about ten o'clock at night, and found my brother-in-law, who lodges with me, there—I found in my bed-room two boxes broken open, and the drawers open—I missed seven sovereigns, ten shillings, one half-crown, and sixpence, from a box which I left locked, and had the key—my brother is not here—he was not at the office—he was the first that got home. Cross-examined by MR. PHILLIPS . Q. Did your lodgers contniue at the fair with you? A. They did all—day my brother went home some time before me—he might have been at home an hour before me—he had no key of the door to get in with—he must have waited till I got home to get in. WILLIAM HENRY NOON . I am a retailer of beer. On Sunday after noon, I was called buy Dempsey, a cooper, to Mr. Butcher's bouse, about half-past three o'clock—I went to the door in Green-street, and Dempsey to the other door—we knocked for four or five minutes, and heard a noise at the stable door—Dempsey ran to the stable door, and secured the prisoner by the collar—I secured him also—he lifted his arm to strike me, and I laid hold of his wrist—he called out for Jack to come to his assistance—I took him to the back parlour of my house, and then went back to Mr. Butcher's house throught the stable—I found the back door open—I saw a box in the bed-room with the lid broken open—next day I found a picklock key under the chair where the prisoner had sat in my house—I first went to the prosecutor's house, the stable door, and all the other doors were fast—I went there in consequence of Dempsey alarming me—the prisoner was within the stable door. SAMUEL RICHARD CUTBILL . I am an officer. I was sent for to take the prisoner into custody, in Noon's parlour—as I entered the room he threw three keys and a handkerchief on the ground—I found two knives on him, thirteen skeleton keys, two shillings, and three-halfpence—I found the money in his waistcoat pocket, with a chisel and pencil-case. JAMES DEMPSEY . I live opposite the prosecutor's premises. On Sunday afternoon, I saw a man knocking repeatedly at the side-door, and then put something into the keyhole, which did not open it—he then put something else in, and that turned round—he then walked into Green-street, and then the policeman came down a short distance—he then returned, walked in, and closed the door after him—I put on my coat, and went down to Noon's and told him—he came to the shop door, and I to the private door—I knocked repeatedly, but they did not open it—I said, as loud as I could, "We will call again; Mr. Buteher is gone to the fair"—I said that to throw the prisoner off his guard—we knocked repeatedly, and I heard a rustling at the gate—I ran to the gate, and took the prisoner inside the gate leading to the stable that is built in the yard—he must have come from the house—he could not get to the stable without going into the house—the gate was closed, and he came out—it was fastened when I first went—I took hold of him—he said he was a friend of Mr. Butcher, and had come to hire a vehicle—we took him into Noon's bacck parlour—I heard something drop from him there—I saw the keys found on him at the station-house, with a chisel and a knife. Cross-examined. Q. Is there not a door to the stable? A. No, not from the street. COURT . Q. Did you find the stable door open or shut? A. Open—there is a door opens into the street—the gate leads into the stable from the street. GUILTY . Aged 30.— Transported for Life . 1797. JOHN SLAITH was indicted for feloniously breaking and en tering the dwelling-house of William Coventry , on the 6th of June , at St. Luke, Middlesex , and stealing therein 45 bandkerchiefs, value 4 l . 10 s .; 21 yards of silk, value 3 l .; 36 yards of ribbon, value 14 s .; and 3 shawls, value 12 s .; his goods. ANN COVENTRY . I am the wife of William Coventry, a linen-draper, and live in Old-street. on the 6th of June, in consequence of in formation from a little girl, I observed parrt of a pane of glass taken out of the shop window, and missed a bundle of silk handkerchiefs, a shawl, and some ribbon—I had put the things into the window half an hour before—I lost a bundle of black handkerchiefs, and twnty—one yards of silk, and other things, worth from 5 l . to 6 l ., together—I am sure it was above 5 l .—the window was all safe at half-past eleven o'clock. THOMAS TOOLE . I live in Old-street, nearly opposite the prosecutor. On the 6th June, about twelve o'clock in the morning, I saw the prisoner and another one, who has been convicted the sessions before last, and another—all three of them together attempted the window three of four times—I went on the other side of the way, as one them knew me—I saw them cross over, and sat down at my own door—I at last saw them go and break the window—the priosner's brother took a wire out of his hat, and drew the black handkerchiefs out, and gave the wire to the prisoner, who them drew something more out with the wire, and then the others did the same—all three ran away toger—I ran after them, but could not see a police man—they got into some mews—I lost them altogether—they were taken afterwards—I am positive the priosner was one of them. Prisoner. He said he saw my brother take a brad—awl out of his pocket and break a windows. Witness. I never said a word of the kind—I saw them both break the window—I said nothing about a brad-awl—I was called to identify the prisoner at the office, and pointed him out, among severral others, in the lock-up place—I have often been a witness here—I have mostly got my expenses—I have gone without them once or twice, I believe—I have had my recognizances estreated—that is settled, I believe—I have been in the habit of assisting the officers—people are very much prejudiced aginst me through Mr. Murphy, the sell-mob lawyer—I was a witness before the Common Sergeant—I believe he allowed me my ex penses—I never was refused when I asked for them—I do not remember their being refused—I do not think your lordship has refused me my ex penses in the other Court—I do not recollect it—I am a shoemaker—I lived several years with Mr. Wilson, in Goswell-street—I am quite positive I saw all I have stated—I should not think I have been a witness twenty times but I cannot say exactly, I am sure—I dare say I have a dozen times—I generally save the property—I have been recommended by the inha bitants, and had petitions signed for me to the different offices by the inha bitants—I never recollect the Judge telling me never to show my face here again—Murphy, the swell-mob lawyer, thought proper to bring certain accusations against me, and I have an action against him now—they knocked me down while I was endeavouring to take two of the swell-mob. MARIA HARDY . I am the wife of Samuel Hardy, and live in Old-street. on saturday, the 6th of June, I saw the prisoner, who had a blue frock coat on, coming to his brother, close at Mrs. Covdentry's window—I did not see him do any thing whatever—he came right across from the other de of the street—his brother was closer to the window than he was—he was two or three feet from the window—his brother stood close to it—I did not see a little boy there—it was between twelve and one o'clock—his brother spoke to me, for I accidentally ran against him as I went by—he said, "D—n you! can't you see where you are running to?"—I did not know that it was his brother—I never knew him before—I was sent for to Worship-street, and knew the prisoner again—I am quite certain of him—I know Toole lives opposite us—I never spoke to him before this oc currence. WILLIAM ATTFIELD . I am an officer of Worship-street. I apprehended the prisoner on another charge—I know Toole—I never had any thing to do with him—I have hearrd he was a witness, and would identify the persons—I hearr he has been here—I do not knnow how many times—I had to personal knowledge of him—I might have seen him once or twice—the prisoner resisted being taken, considerably. ASN COVENTRY re-examined. I never described to Toole how I lost my property. The policeman told me it was Toole had followed the pri soner, as he understood, and then I sent for Toole—I know of no means by which he could know how the property was taken unless he had seen it—Toole did not come to me till I sent for him, on the Monday after the policeman had told me of it, but he had been to me two or three nights before, and cautioned me that my window would be cut—it had been at tempted once or twice before. THOMAS TOOLE re-examined. Bishop's son saw me follow them—I pre vented them cutting the window two or three nights before—I was very unwell at the time—I had been so insulted here I did not intend to have any thing to do with it NOT GUILTY . 1798. WILLIAM WAKEMAN , WILLIAM CAPEN , and JOHN MORRIS were indicted for stealing, on the 1st of August , at St. James, Westminster , 1 cash-box, value 30 s .; 11 sovereigns, 2 half-sovereigns, 3 half-crowns, and 8 s .: the goods and monies of Edward Rea , the master of wakeman, in his dwelling-house EDWARD REA . I am a chemist and druggist, and live in Wardour-street, Soho, in the parish of St. James, Westminister. the prisoner Wakeman was in my employ nearly a month as errand-boy—he left on the 1st of August, without notice—I had given him notice to quit that night, but he went without my knowledge—I had desired him to leave my ser vice, but did not mean him to leave that night—he might have come on Sunday morning if he chose—I went for my cash-box next day, which I kept in a cupboard, and missed it—I had left it safe on the Friday, the day before he left—it was locked, and contained eleven sovereigns, two half-sovereigns, three half-crowns, and about 10 s .—Wakeman was afterwards apprehended—I asked him what had become of my box—he said it was sunk in the Thames, filled full of sand. Cross-examined by MR. PAYNE . Q. At what time did he leave you? A. About a quarter before eight on Saturday night—I have a nephew in my employ, but he was out of the house at the time—I asked him about the box at Marlborough-street the day he was taken—Avis, the officer, and the prisoner's father were present at the time—the cupboard the box was in was not locked—it was usual to leave it open, having different books in it—I did not generally keep my cash in the box, but the box was always in the cupboard—I took money out of it the day before, about noon—the money was then in it—I have never said there were fourteen sovereigns—there was a bill for 25 l . which I had to keep for a friend—I said there was the amount of 14 l . in the box—I will not swear to the exact silver—the prisoner said that the money was spent, and Capen and Morris had part of it—it was a dark brown rosewood dressing-case. JAMES HILL . I am in the employ of Mr. Ellis, of Wardour-street. On the evening of the 1st of August, I was Standing outside of the shop, and saw Morris standing at the corner of Orange-street, and Capen walking backwards and forwards in front of Mr. Rea's shop, which is two doors from the corner of Orange-street—it is opposite my master's—I saw Wakeman come out of the private door, with the box under his arm, and give it to Capen, who gave it to Morris—they went down Orange-street all three together—it was a dark brown box—I had never seen it before. Cross-examined. Q. Had you seen any of the boys before? A. Yes: I had seen them all at work, when I was going on master's errands—they took my attention, because they went out with Wakeman on errands, when he went out during that week—this was about twenty minutes to eight o'clock. Copen. He came and called me out of Dean-street—I was notn near Wardour-street after twelve o'clock in the day. Wakeman. I never saw him that night—he was at King-street, but had nothing to do with the box. GEORGE AVIS . I am a constable of Marlborough-street. In consequence of information, I went to Rochester, on Tuesday, the 3rd of August, in search of Wakeman—Mr. Gilbert there gave me some silk handkerchiefs, a piece of calico, and two caps—I afterwards saw Wakeman in custody at the police-office, and questioned him—I neither threatened him or made him any promise—I asked him how he came to rob his master—he said he was induced to do so by the other boys—I asked what had become of the box?—he said, they had filled it full of sand, and sunk it in the Thames, by Waterloo-bridge—I asked him what quantity of money there was—he said Capen told him there was only 7 l ., and that Capen opened it—I went to King-street, Golden-square, and found Capen there—his father fetched him out of bed—I took him on the steps of the door—he said he wished to give himself up, for he knew he should be taken—I took him to my own house—I took the cap off his head, and produced another cap—I asked him if it was his—he said it was—I had brought that cap from Rochester—he said the money was spent—I showed him the articles I had, and asked him if they were the articles he purchased at Rochester—he said they were. Cross-examined. Q. Is it your practice to ask questions of prisoners of that age? A. Yes: I always caution them first not to say any thing unless they choose, that I should not seduce them to do it—if they have any thing to say, they may say it—I asked him the questions, but I cautioned him previously—I have been an officer sixteen years. Morris's Defence. He said in Marlborough-street that he saw Wakeman bring it out in a sack. JAMES HILL re-examined. I did not say so—he brought it out under his arm—I am quite sure Morris and Capen were there—it was Saturday evening. Capen's Defence. I had nothing at all to do with it—I only went with him to his aunt Rochester—I was at home all day on Sunday, and Saturday night too. CAROLINE EDWARDS . I know Morris—he was a complete stranger to me—I removed into his house about a month ago—on the Saturday this was done, I met him coming up the stairs, between eight and miss o'clock, and he was at home till Monday morning, at the house, No. 93, Berwick-street—I know Wardour-street; it is close to Berwick-street—I saw him first between eight and nine o'clock—I should not think it was above half-past eight o'clock when I met him coming up stairs ELIZA SHADE I live in Tower-street, Soho—I know Morris was at home on Sunday—his mother tells me people say he was in the country, but I saw him at home all day—I know nothing else about it JAMES CAPEN . I am the prisoner's father—I was not at home on Saturday the 1st of August—I came home about half-past nine, to the best of my recollection—I was out on buisness—I do not know where my son was next day—he was not at home—the officer applied to me after he had been to Rochester—I delivered him up to the officer the first oppurtunity I could—I locked him up, and sent for Avis—he has worked at several respectable places—I never knew him dishonest before. (Elizabeth Prest, of Dean-street, Soho; John Housely, Ely-court, Hel born deposed to the prisoner Wakeman's good character: and Daniel Besley, Queen-street Diana Giles, Chapel-street, soho, to that of Morris; and Elizabeth Sangster, of Well-street, to that of Capen. WAKEMAN— GUILTY . Aged 11. CAPEN— GUILTY . Aged 14. MORRIS— GUILTY . Aged 14. Tranported for Life . Wakeman recommanded to mercy by the Jury, believing him to have been seduced by the other prisoners. 1799. EDWARD STILL , was indicated for stealing in the 3rd of august , 9 handkerchiefs, value 12 s .; 4 cravats, value 3 s . 4 pair of stock ings, value 4 s .; 1 night-cap, value 2 d .; 1 pair of gloves, value 6 d .; and 2 shirts, value 5 s .; the goods of William Hine , to which he pleaded GUILTY .— Recommanded to mercy. — Confined One year . 1800. CHARLES ALFRED PRICE , and THOMAS ETTERIDGE , were indicated for stealing, on the 17th of July , 100 lbs . of lead, value 20 s .; the goods of Edward Low , and fixed to a building. EDWARD LOW . I lived in Old-street, and am a cow-keeper. On the 17th of July I received information, and went to my sheds in White's-yard, and missed some lead—I cannot swear to this lead, but one part fits the turn of the gutter—I have lost about twenty feet—there was nothing particular about the nail-holes—I believe it to be the lead I have missed. Cross-examined by MR. PHILLIPS . Q. Is it not of such a construction that it would fit fifty places as well as that? A. I deny that; I think it would fit no other gutter. JAMES HAYWARD ( Policeman G 173.) On Friday, the 17th, I was on duty in Golden-lane about two o'clock in the morning, and saw the prisoner Price come running across, leaving Etteridge behind him, with something which he put down and ran away; I went to the place, and found it was this lead; I took it to Davies, and went after the boy, but could not see him. till Davies told me he saw him—I took price—I fitted the lead and be lieve is belongs to that place—on leaving Etteridge, as soon as price got sight of me, he whistled to etteridge, who put down the lead. Cross-examined. Q. Is the piece that you fitted? A. Yes there are no nail-holes in it, but it fitted the place it was taken from—here ia a piece that fits the piece that Etteridge put down—some of the other lead was found under a cart—the three pieces fit the gitter exactly—these two pieces were nailed on those, one over the other—Etteridge has a brother very much like him, but stouter—I know them both. ROBERT DAVIES . I live in Golden-lane, and am a hair-dresser. On Friday morning, a little before two o'clock, I was standing at my shop-door—I received this lead from the last witness while he went after the pri soners—I saw the prisoners together that morning, above Five minutes after the lead was given to me, standing at the corner of the court—they had an oppertunity of seeing the lead and me, Cross-examined. Q. What are you? A. A hair-dresser—I have Known the policeman two months—I saw the policeman ten minutes after I saw these two boys—I went up the lane, but did not see Price with the lead—I never said that I did, and that I saw Price put down the lead—O only saw price—I saw them both together afterwards—I was not asked this at first—I saw Price two or three minutes before two o'clock—the policeman was aside of him then—he was not custody—the policeman gave me the lead in two or three minutes—he then crossed the road, and went down Baskett-alley—I could not see what they were doing—it was fifty yards off—the policeman called me, and asked me to take this piece of lead—I saw Etteridge then—I saw the price and the policeman together—I saw Etteridge five or six minutes after, at the corner of Benbow's rents—that was after the lead was given to me. Price Defence I saw nothing of the lead—the policeman spoke to me, and then I crossed the lane, came down again, and was taken. Etteridge's Defence I do not know anything of it—I was in bed. JOHN BURLEY ( Police-constable G 50.) I apprehended Etteridge. Cross-examined. Q. Do you know that he had been taken before, and let goto appear when he was wanted? A. Not to my knowledge—he was at the station-house before I apprehended him on Sunday—the theft was alledged to have been committed on friday morning—he was at the station-house on friday, between ten and eleven o'clock at night—he was allowed to go at large with his father. after the charge of stealing had been made against price—because the boy Etteridge was taken to the station-house—the charge against price had been made before eleven o'clock on friday evening—I went to his father's house to look at the lead—there was none of the lead there that was charged by Mr. Low to be stolen—one piece I found at his father's corresponds with the other lead. Q. Did you not swear it was not Mr. Low's? A. I did not know what you were speaking of—Mr. Low does not believe it to be his. THOMAS ETTERIDGE . The prisoner Etteridge is my son. On friday, about two o'clock in the afternoon, I went to the police, in consequence of some lead that hed been left at my house—I went with my boy to the sta tion-house, and was there an hour or an hour and a half—my boy was dis missed, on my promise that he should be forthcoming when wanted, by Mr. Berry—my boy was at home all the Saturday, and was taken on Sunday, the 19th—there were no less than five examinations—he slept at home the night the robbery was alledged to ace been committed—he was in bed with his brother. NOT GUILTY . 1801. HUGH MACKIE was indicated for stealing, on the 7th of Au gust , 1 pair of trowsers, value 8 s . 1 waiscoat, value 8 s .; and 1 pair of half-boots, value 4 s . 1 frock, value 1 s . and 1 handkerchief, value 6 d .; the goods of william Bilby Viney . The witness did not appear. NOT GUILTY . 1802. SARAH MASTERMAN and MARY BAKER were indicated for stealing on the 27th of July , 1 pair of shoes, value 1 s .; 4 d .; the goods of Edward Hargrave . EDWARD HARGRAVE . I live in Church-street, Bethnal-green, On Monday evening the 27th of July—I received information which induced me to examine, and I missed one pair of shoes from my stall; they have not been found since. HENRY QUINTON . I am the son of John Quinton, of Old Nicholl-street, on the afternoon of the 27th of July, I was at the corner of Club-row, and saw the two prisoners together—I saw the Masterman take the shoes from the prosecutor's stall, and Baker took them from her—I knew Bsker before. Masterman's Defence . I did not take them; I did not see any. Baker's Defence I was at work, and was not there. MASTERMAN— GUILTY . Aged 14.— Confined one Month . BAKER †— GUILTY . Aged 15.— Transported for seven years . 1803. JOHN THOMAS was indicted for stealing, on the 15th of July , 1 handkerchief, value 4 s ., the goods of William Dale Farley , from his person. WILLIAM DALE FARLEY . I live in Lancaster-place, Strand. On the 15th of July, I was in Blackfriars; I felt something at my heels—I turned and saw the prisoner with a handkerchief, which I believe was mine, and pursued him to the bridge—he threw it through the balustrades into the river—I believe it was mine. Prisoner. Q. Did you see the handkerchief? A. I saw the corner of it, and the border—I had had it at the corner of Farringdon-street—he struck me, and tore my shirt, and I lost my mourning-pin—I held him for ten mi nutes, and took him to the corner of the bridge, before I could get assist ance—there were several persons who saw me struck by the prisoner. Prisoner's Defence. I got a little too drunk, but I did not see the hand kerchief. GUILTY . Aged 21.— Confined Six Months . 1804. DAVID GOODMAN was indicted for stealing, on the 14th of July , 30lbs. of leather, value 30 s ., the goods of Harriet Thwaites . HARRIET THWAITES . I live in Plumber-street, City-road, and am a window. The prisoner was employed by me at his own house—I had given him this leather at different times to make shoes—I did not ask him for the shoes or the leather—I used to give him two dozen, and then he would bring in perhaps half of them, and he has cabbaged the leather—this is my leather, and ought to have been made into shoes—I was nearly losing my work from my master. Cross-examined by MR. CHAMBERS . Q. You said you gave out large quantities of leather? A. Yes: perhaps two dozen pair—it was cut out in the pieces—this is sole-leather—there is no overplus, if the men do me justice—the corners are of no use to any one—five soles are to be made out of one piece—I never heard of perquisites of whole soles, only of the cabbage —I do not know that these men insist upon these per quisites as their right—the prisoner's general work was a dozen a day, sometimes sixteen—these are cut for soles—some of them might have been worked up and returned to me, but not those which he offered for sale—I should. not have been satisfied if he had returned the number given him, if the work was made inferior—he of course returned the same number that I delivered to him, but in a very improper state—if he wets the leather, and beats it out till it is as thin as a sixpence, that must spoil the work—I believe he had worked for Mr. Thompson in Cheapside—these were giren to the prisoner to make at his own house. COURT . Q. Is that your leather? A. Yes: he had no right to pawn or sell it. WILLIAM SIMS . I live in Glovers'-hall-court, and am a shoemaker. These leathers were offered for sale to me by the prisoner—they are worth 2 l .—some of them he offered at 2 d . a pound, some 3 d .; which would bring it to 8 s .—I went for and officer, and had him taken—he said he worked for Mr. King, St. John-street. (Solomon Jefferus, a master shoemaker, of No. 4, Craven-buildings, City-road; W. West, shoemaker: John Matthews, umbrella-maker, of Mac clesfiedld-street; and John Anderson. journeyman shoemaker, gave the jprisoner a good character.) GUILTY . Aged 22.— Transported for Seven Years . 1805. SARALL PARTRIDGE was indicted for stealing, on the 1st of Novemeber , 1 1/2 yard of muslin, value 3 s ., the goods of Francis Squibb , (since deceased,) her master; and 1 hair-chain, value 1 l ., the goods of Mary Ann Rippon . MESSRS. BODKIN and PERRY conducted the Prosecution. JAMES COVINGTON ( police-sergeant C 9.) I was sent for by Measrs. Rushworth and Jarvis, on the 22nd of July, to Saville-row, for the purpose of taking the prisoner's fellow-servant into custody—I went back after wards, and searched the top room of the house; the room used for the servants to sleep in—the first day I searched for money, and found a sovereign—I went afterwards, and found this hair-chain, in a small red box that was locked—the prisoner gave me the key of it on the Monday I saw it, but did not remove it—on the Wednesday I went again—it was locked—I sent for a man to open it—I found the muslin in a box that was locked—a man broke it open—Mrs. Squibb was there. Cross-examined by MR. PHILLIPS . Q. When was it you first searched the prisoner's box? A. On Monday, the 22nd of July—she was at the station-house—when she was brought up for examination, I produced the sovereign from her box—I do not remember whether I told her that I had searched her box—after I searched her box, I think I spoke to her in the office—I am sure of it—I gave her back the keys—I gave them to the Inspector, who, I believe, gave them to the prisoner—the boxes were opened by a smith the second time—she was confined, and I did not know where to find her—I did not search the box the first time for the chain, but for money—I did not tell any one about the chain—I do not remem ber seeing the muslin the first day—the chain, I think, is lighter in colour than the prisoner's hair. Re-examined. I was sent to search for money on Monday, and nothing else—the prisoner was then in custody, and was remanded till Friday—I do not remember that she made any statememnt about that hair-chain. HELEN SQUIBB . I am widow of the late Francis Squibb—the prisoner resided with me for five or six years—I missed a piece of India muslin, dur ing the life of my husband—I made search for it throught the house—it was about the beginning of the year 1833—I was assisted by the prisoner—I could not find it—this is the piece that was searched for. Cross-examined by MR. CHAMBERS . Q. How did you obtain this piece of muslin? A. It was in a chest that was sold by my husband, belonging to Lady Jones—my husband died in December, 1833—there was not a great deal of this kind of muslin—it was divided between three Ladies—none of it had been sold by Mr. Squibb in the sale-room; this had never been in the sale-room—I have frequently made the prisoner presents—my husband did not make her presents, to my knowledge—he left her 2 l ., and a brooch. Q. Now do you see this other piece of muslin made into a collar ( pro ducing it ); compare it with the other; is it of the same quality? A. Yes; but one has been washed, and the other has not—I never saw the prisoner wearing this openly about the house—I might have seen it—I do not notice servants' dresses—I have no recollection of this collar being found in the box with the muslin—in 1834 I went to Ireland, and left her in care of the house; so that she had two years to dispose of the muslin—I did not leave her money to pay bills—I left her a sovereign, to pay contin gent expences—I never authorised her to receive money from tenants—I may have told her if any weekly tenants called, to take the rent. Re-examined. Q. You had great confidence in her? A. Yes; snd when application was made to have her boxes searched, I hesitated—I have no doubt this muslin is mine. MARY ANN RIPPON . I am niece to Mrs. Squibb—I believe this to be my hair-chain—I lost one during my residence at Mr. Squibb's—it is my mamma's hair. Cross-examined by MR. PHILLIPS . Q. There is no particular mark on it? A. No private mark; and it is of no particular pattern. (The prisoner put in a written defennce, declaring her innocence.) NOT GUILTY . 1806. SARAH PARTRIDGE was again indicted for stealing, on the 29th of July , 1 handkerchief, value 1 s .; 2 wine-glasses, value 2 s .; 4 glass-cloths, value 1 s .; 1 table-cloth, value 3 s .; 2 Pillow-cases, value 2 s .; 5 towels, value 4 s .; 1 brush, value 6 d .; 1 plate, vallue 6 d .; 1 sheet, value 23 s .; and 1/4 of a yard of grass-cloth, value 2 s .; the goods of Geourge James Squibb , and others.—2nd Count/, stating them to Helen Squibb . JAMES COVINGTON ( police-scrgeant C 9.) On the 27th July, I went to the premises of Mrs. Squibb—I scarched the top room—I went the second time, and found these things in a large box—I found this plate, these glasses, and brush—that was all I found—it was the prisoner's box—she told me so—it was locked, and she gave me the key. Cross-examined. Q. Had you the key when you asked if it was her box? A. No; I had delivered it up—she told me it was her's when she was brought up for examination, I described it to her—she knew I had had the key—she never made the least concealment of it—the house is good-sized, and well furnished. HELEN SQUIBB . These articles are mine—I never gave them to the prisoner—I missed one cambric handkerchief—I have no other like it—I searched for it, and mentioned it to the prisoner—I never gave her any of these articles of linen. Cross-examined. Q. Do you know how many handkerchiefs she had of her own? A. No; she did not employ the same washer woman as myself; her linen is washed at home—this plate is the bottom of a bread and butter plate, the cover was broken in Mr. Squibb's life-time—the prisoner had returned one for the broken one—there is another; she might have got another, and put it among mine. ELIZA CARRIT was called, but did not appear. Prisoner's Defence. The things were left me by my grandmother at her death—how the handkerchief got into my box I do not know. MRS. SQUIBB . I swear to this handkerchief—it is marked—this towel has the mark of the "F" being picked out, and the "S" remaining—and the same with respect to the other—I can swear to one of these pillow-cases, which has the remains of an "F" picked out, and the "S" remaining—from examin ing these marks, I swear that they are mine, and were once my husband's. MR. CHAMBERS . Q. Is not the prisoner's Christian name Sarah? A. Yes; her surname is Partridge—her aunt's name is Fagan—I do not know that she had many articles given her by her grandmother—she never told me so—I heard that she was going to be married—I never saw her making pillow-cass and things of that sort—I did not look over the things as they came in, before they were put into te store-room—among these articles there was a sheet and a table-cloth—I do not mark my linen; it is marked "F. H. S" at present. ROBERT PAYNE . The prisoner's grandmother's name was Hannah Stanton; her grandfather's name is Isaac Stanton. NOT GUILTY . 1807. PATRICK CLARK was indicsted for stealing, on the 11th of August , 1 handkerchief, value 5 s ., the property of John Edward Righby ; and that he had been before convicted of felony. JOHN EDWARD RIGBY . I live in Shoreditch, and am an ironmonger. At a quarter before nine o'clock, on the 11th of August, I was passing through Norton-falgate; a woman spoke to me, and I saw the prisoner running; I pursued, and caught him—I found a handkerchief on him—it is the same pattern as the one I had just lost—but has no mark on it—I believe it is mine—I had seen it half-an-hour before—I charged the prisoner with stealing it, before it was found—he said he knew nothing about it—it was between his legs, inside his trowsers. Prisoner. I picked up the handkerchief, and put it into my pocket. FREDERICK EAGER ( police-constable H 52.) I was called, and took the prisoner—I asked him if he had taken the handkerchief; he said, "No;" and showed me an old one, and said he had none other—I searched, and found this one between his legs, under his trowsers—I produce the ocr tificate of the prisoner's former conviction, by the name of W. Clark—he is the same man.( read ) GUILTY . Aged 16.— Transported for Seven Years . 1808. WILLIAM RING was indicted for stealing, on the 24th of July , 16 yards of canvass, value 4 s .; and 380lbs. weight of wool, value 35 l . the goods of William Seaward . MESSRS. BODKIN and PERRY conducted the Prosecosctiobn. WILLIAM SEAWARD . I am town-carman, and reside on Dowgate-hill—I send carts to fetch goods from the Docks. On the 24th of July, a person in my employ went to St. Katharine's Docks, to fetch thirteen bales of wool—I afterwards found the cart, with two bales short, in Hooper-square—the wool has never been found. WILLIAM HAMMOND . I am foreman of the wool-warehouse, at St. Katha rine's Docks. On the 24th of July, I delivered thirteen bales of wool to Hubbard, Seaward's carman; which he took out of the Docks. WILLIAM HUBBARD . I am carman to Mr. Seaward. I went to St. Katharin's Docks on the 24th of July, for thirteen bales of wool—I left my cart at a public-house door in the Minories; when I returned, in ten minutes, the cart and wool was gone—it was after four o'clock when I left it—I did not see the cart again till very near nine o'clock; when it was in Hooper-square—there were two bales gone—I had counted them when I had left them at the Camel public-house. Cross-examined by MR. CLARKSON . Q. Do you think you would have lost it if you had not gone away? A. No; but one of my mates, whom they call Tom the Butcher , had got three bags off his cart—he came out of the Dock, outside the wall, with me—I did not go into the public-house—I left my horse drinking at a pail at the public-house door, and went to help my mate—a man who drives for Mr. richardson told me he had three bags of wool off, and when I came back my cart was gone. ELIZABETH WEEDON . My husband is a carman—we live at Hooper-square. About five o'clock, on the 29th of July, I saw a town-cart near my house, just round the corner; it was loaded with bales, which appeared to be wool—about five o'clock, I saw the prisoner pass with bis cart loaded with coals, and an hour after he came by with it empty—he went as far as Le man-street, then turned to go back the same way—he had a little pony, led by a little boy—he went up Leman-street—I then heard a confusion—I went out, but the town-cart prevented me seeing the pony—I stooped down—the prisoner's cart was then by the side of the town-cart—I saw the tail-board fall down, and one bale fall into the prisoner's cart—I saw the prisoner, about three minutes afterward, go with his card up Rupert-street, and another man leading his pony behind—I could not see whether the bale was in the cart or not—the cart would conceal it where I stood. Cross-examined. Q. Where did you see the town-cart? A. In Hooper-square—I had known the prisoner by passing, but never spoke to him—I always considered him to deal in coals—it was a boy that led the pony the first time that I saw him, but it was a man afterwards—it was the pony prancing about drew my attention. JOHN SHAW . I know Hooper-square; it is half a mile from the Mino ries—I was playing there—I saw Mr. Ring with his cart there, and he drove away—I saw a town-cart, and the prisoner's cart standing along side of it—I saw nothing done by the prisoner—I saw him drive away with one package in it; no more—I have known the prisoner about three years—he is a coal-hawker—he has a biggish cart, like a town-cart, and has his name on it—I heard the prisoner say to the man, "Take the pony back; do not follow me; take it down Lambeth-street." Cross-examined. Q. Had you known the prisoner long? A. Yes; I was five or ten yards from him—several other persons were there—a bale of wool is such a thing as a cart would not very well hide—there were ten or a dozen persons when he drove away—it was about six o'clock, and broad day-light. JAMES DARTNELL . I was in Hooper-square. I saw a cart stnding there with a black pony in it, and a town-cart, both stnding clone toge ther—I did not see any thing put from one cart to the other—one drove up Rupert-street; the other stood still—I saw the corner of a bag sticking up in the cart with a black pony—I have not seen bags of wool—I have seen bags of cotton. Cross-examined. Q. How many persons were about there? A. Very few; not above eight or ten—I saw the cart move off. MARTIN WRIEDEN . I am a carman. On the 24th of July, I saw the prisoner about six o'clock—he was coming with two bags in his cart, going towards the Commerical-road, walking by the side of his horse—it was a spring cart, not a town-cart—I never saw bales of wool carried in it—it does not stand about for hire, that I know of; but I have known him do business for other persons. COURT . Q. If any body came up to his cart he woul be likely to let it? A. Yes. MARTIN REYNOLDS . I live in Upper North-street, Whitechapel-road. I am a potato-salesman, and deal in coals. On Friday, the 24th of July, the prisoner came to my house, about eight or half-past eight o'clock—he brought two bales of goods in his cart—I should suppose they were bales of wool—he asked me, (as a matter of favour, as he was going to the Docks, and was too late,) to let him leave them there that night, and when he brought my goods the next morning he would take them away—he said he had been to Stepney, and was too late to take them Docks—the bales had marks on them—they remained till the next morning and his carman fetched them away about ten o'clock. Cross-examined. Q. How long have you known him? A. Two years—I never heard any thing against him—I have often seen him carrying bales of ham, and other things. DUGALD STEWART ( police-constable H 91.) I apprehended the prisoner—he said nothing, but went as quiet as possible—the following morning, he said he was empolyed by two strangers, to take the wool, and had 5 s . for it—he said he went down the Commercial-road, as far as the Half-way-House, and then he thought it was not all rights, and he turned back, and left the wool at man's of the name of Reynolds; two officers were dis patched there, with the prosecutor. NOT GUILTY . 1809. HENTRY ST. GEORGE was indicted for stealing, on the 15th of July , 10lbs. weight of ham, value 6 s ., the goods of John Ashton . JOHN ASHTON . I live in Aylesbury-street, Clerkenwell. On the 15th of July, I lost 10lbs. of ham—I received information, and followed the pri soner, and he dropped this ham, which is mine—it had been in my win dow, outside—I had seen it safe ten minutes before. GUILTY . Aged 14.— Recommended to mercy. — Confined Eight Days , and Whipped. 1810. EDWARD ATKINSON was indicted for stealing, on the 3d of August , 1 handkerchief, value 1 s ., the goods of William Daniel Turner , from his person. WILLIAM DANIEL TURNER . I live in Devonshire-court, Temple. About eight o'clock on the evening of the 3d of August, I was looking into a book seller's shop; I felt a slight touch; I turned, and my handkerchief was gone—I saw the prisoner near me—I took him, and he dropped it from his bosom—it is mine. Prisoner . I picked it up. Witness . No; he could not have done it. GUILTY . Aged 14.— Transported for Seven Years . 1811. HENRY HOFFNER was indicted for stealing, on the 14th of August , 1 handkerchief, value 1 s . 6 d ., the goods of John Godfrey Grove , from his person. JOHN GODFREY GROVE . I was in the Minories, about nine o'clock, on the 14th of August, and received information which included me to search my pocket—I missed my handkerchief, which was produced to me again—this is it. DANIEL SHEPHARD . I am watchman of portsoken-ward. I heard a cry of, "Stop thief!"—I ran, and saw the prisoner running—he dropped this handkerchief, which I produce. THOMAS DUDMAN . I am patrol. I saw the prosecutor go along, and two lads follow him—the prisoner had his hand in the prosecutor's pocket—they both ran; I raised an alarm, and the prisoner was taken. GUILTY . Aged 20.— Confined Three Months . 1812. CHARLES WIGHT was indicted for embezzlement. MR. PHILLIPS conducted the Prosecution . JOHN SCHOOLING . I keep the Lamb and Flag, in Crutched-friars. I went into Mr. Cane's shop, in Fleet-street, on the 14th of last month, and pur chased a gallon of oil, a bread-grater, and 200 nails—they came to 9 s . I paid the prisoner—I went there by desire of the prosecutor. Cross-emamined by MR. CLARKSON . Q. Was the money Mr. Cane's? A. No; his brother's. ELISHA RUSBY . I live at Crutched-friars, and am a stable-keeper. On the 14th of last month, I went to Mr. Cane's shop, and bought a pair of snuffers, a tray, and padlock—the snuffers cost 8 s . 6 d ., the tray 4 s . 6 d ., and the padlock 3 s . 6 d . THOMAS MEDCALF . I live in Kingsland-road, and am a harness-maker, On the 15th, I bought 200 nails, two gimlets, and some other things—I paid 8 s . 6 d . for them to the prisoner. EDWARD CANE, JUN . I am in my father's employment. The prisoner was in his employment between fourteen and fifteen years—it was his business to serve the customers, and, to receive the money, and immedi ately to write it down on a paper that was in the till for that purpose—at the close of the day I examine the paper—I did so on the 14th of July—this is the book in which those papers were entered—there is no thing about the oil, nails, and gimlet—there is "Snuffers and stand 12 s . 6 d ., padlock 3 s . 6 d . "—there is nothing on the 15th. Cross-examined. Q. Here are "Nails 2 d ., and nails 6 d .?" A. Yes; but that is not sufficient. Re-examined. Q. Suppose the account was perfectly correct, world there be any difference on the 15th? A. Yes; 8 s . 6 d .; there is no part of that accounted for. GUILTY . Aged 34.— Recommedned to mercy. — Confined Six Months . 1813. SARAH HOPKINS was indicted for stealing, on the 4th of August , 1 ring, value 9 s ., the goods of Isaac Samuel . REBECCA SAMUEL . I keep a stall in Petticoat-lane, and sell gold rings On the 4th of August, the prisoner came up while I was busy with two other girls—when I turned, I saw the prisoner had got a ring on—she asked the price—I said, 3 d .—she went away; I followed her, as I missd a gold ring—she said she had not got it—I called an officer—she was taken—this is the ring I lost—it is worth 9 s . THOMAS GRANT ( police-constable H 76.) I took the prisoner—she was searched at the station, but nothing found on her—the gold ring was af terwards brought to me. HANNAH WOLF . I produce the ring, which Mrs. Isaacs gave me. RACHEL ISAACS . The prisoner was brought into my shop—the police man was sent for, and took her to the station-house—she was gone five or ten minutes, and this ring was found in the room where she had been—I gave it to Mrs. Wolf, to take to the station. MARGARET SWEENEY . My mistress told me to go and look for the ring—I found it, and gave it to Mrs. Isaacs, my mistress. Prosoner. They brought the ring up after I got to the station, and said they found it in the room—there were two women in the room. NOT GUILTY . 1814. JAMES PHILPOTT and ALEXANDER TURNER were in dicted for stealing, on the 7th of August , 24lbs. weight of port, value 10 s . 6 d ., the goods of Henry Taylor , the master of James Philpott. HENRY TAYLOR . I deal in pork. The prisoner Philpott lived four years in my service—on the 7th of August I was in the shop, watching, when Turner carried the wash through the shop—he had one pail—I sup plied Simmonds with a stick to search it—there was nothing in it—Turner brought a second pail, which was scarched, and the pork was found in it—it was Philopott's duty to deliver it to Turner on the stairs—a fore-loin of pork was found—I called the policeman; the pail was further searched, and two legs and one hand were taken out—Philpott was in the shop when the first loin of pork was found—he said he hoped I would have mercy on him, as it was the first time. Cross-examined by MR. PHILLIPS . Q. When had you seen the two legs? A. I had put them in salt the night before—I am sure they were sweet—the wash was taken from the cellar—Turner used to pay 6 d . a time for the wash—he did not go down stairs to carry it away; he was always called when Philpott had got it ready, and then Turner went on the stairs. EDWARD SIMMONDS . I searched the second pail, and found the port—Philpott asked forgiveness, and said it was the first time—I was there when Turner was taken. HENRY TAYLOR re-examined. Q. Did you give orders to Turner to take stinking pork out? A. It is a long time ago since I ordered that. Cross-examined. Q. But do you sell it? A. Yes; to a boiler, to boil down, and the lean is thrown away—when I sent had pork out with the wash, I was not aware that I could sell it to boil—I do not know that I ever retracted my permission to send it out in the wash. RICHARD COOPER ( police-constable H 36.) I was called in, and took the prisoner—I saw the pork taken out of the pail. Philpott's Defence. The good and bad pork were kept in two tubs; if I did wrong, I made a mistake. HENRY TAYLOR . I do not think he could have made a mistake. PHILPOTT— GUILTY . Aged 30.— Confined One Year . TURNER— NOT GUILTY . 1815. WILLIAM BRIDGES was indicted for stealing, on the 25th of July , one pair of half-boots, value 3 s .; and one pinafore, value 1 s .; the goods of Samuel Sprague , from the person of Frederick George Sprague . MARY ANN SPRAGUE . I am the wife of Samuel Sprague. I have a little boy six years and a half old—I sent him out with his boots and pinafore on—I went out and found him crying, without his boots and pinafore—we sent and found the prisoner—the little boy pointed him out—these are the boots. WILLIAM SAMUEL CALVER . I am a pawnbroker. I took in these boots of the prisoner—I asked him where be brought them from—he said from his mother's. GUILTY . Aged 13.— Transported for Seven Years . 1816. LOUISA GREGORY was indicted for stealing, on the 6th of August , 14 yards of ribbon, value 3 s . 3 d ., the goods of John Brown . MARY BROWN . I live in Bunhill-row, St. Luke. The prosoner came on the 6th of August, and asked for some ribbon; we had some conversa tion—I then missed a buff ribbon—I asked the prosoner to look down and see if it had dropped—she said no, she had not seen it—I then asked if I had not shown it her—she said no, she did not remember it—she then went out I followed with the policeman, and found it in her bosom. GEORGE PHILPS ( police-constable G 182.) I apprehended the prosoner—she said she had got no ribbon about her—I saw the corner of it in her bosom, and took it out. Cross-examined by MR. CLARKSON . Q. Did she not say that she in tended to have returned it? A. Yes; in the morning she said she was so agitated when she found she had got it, she did not know what to do—she is a person of respectability. NOT GUILTY . 1817. MATTHEW LOWTHER was indicted for stealing, on the 16th of August , 1 pair of shoes, value 5 s ., the goods of Richared Ireland . RICHARD IRELAND . I live at Brunswick-place. I had a pair of shoes placed in my passage on the night of the 15th of August—they were missed the next morning. WILLIAM SMITH ( police-constable N 261.) I took the prisoner on ano ther charge—I took these shoes out of his trowsers pocket—he said he had purchased them for 1 s . 6 d . of some man he had no knowledge of—it was between nine and ten o'clock on the Sunday morning, the 16th. Prisoner's Defence . I live a quarter of a mile from the place I was taken—a person overtook me and offered these for sale—he said he most part with them—I gave him one shilling and sixpence for them—I had not got a dozen yards before I was taken. NOT GUILTY . 1818. MATTHEW LOWTHER was again indicted for stealing, on the 16th of August , 1 hat, value 2 s .; and 1 pair of gloves, value 4 d .; the goods of Joseph Johnstone . JOSEPH JOHNSTONE . I live at Green-cottage, Hackney. On the morning of the 16th of August, at five o'clock, I put the window open—I had put my hat and gloves there the night before—I missed them before nine o'clock—I found the prisoner at a distance with my hat on and the gloves in it—this old hat was left at my house. Prisoner's Defence . It was the some individual that I purchased them of—he said he was out of employment. GUILTY . Aged 43.— Confined Six Months . 1819. WILLIAM HOLLAND was indicted for stealing, on the 23rd of July , 1 pewter pot, value 10 d .; the goods of James Coulson . ELIZABETH COULSON . On the 25th of July, the prisoner came to my house, and staid there drinking—the next morning this pot was brought—it belongs to my cousin, James Coulson. THOMAS SPENCER ( police-constable N 121.) On Sunday morning, the 26th of July, I was in the New North-road. I saw the prisoner and another man—they had a basket—I searched it, and found the pot, which I took to Coulson. Prisoner's Defence . On Saturday, myself and Arnold went to htis public-house—we drunk some beer, and at shutting-up time we had not half drunk the beer, when the landlady came in and said we must go out—we staid a minute—she came and took the light away—I poured all the beer into one pot, and took it outside, and drank the beer—we went to the door, but could not get in—we then went to the Bricklayers' Arms, and the policeman saw us, and took the pot—I should have taken it back again the next day. NOT GUILTY . 1820. ELIZABETH FORTENAM was indicted for stealing, on the 13th of August , 11 yards of ribbon, value 4 s ., the goods of Charles Longland and another. CHARLES LONGLAND . I live in Old-street, St. Luke, and am a linen-draper. The prisoner has been in the habit of coming to my shop—the ribbon-drawers are very near to the window where the prisoner used to sit—this ribbon is mine—it has my private mark on it. AMELIA WHITTALL . I am the wife of J. Whittall, of Tabernacle-square. The prisoner was my serrvant—I sent her to Old-street—I received information, and searched her box—I found this ribbon there. Prisoner's Defence . I had not been to Old-street for more than a week before this was found—I went into a shop in the City-road with a girl to match some ribbon she gave me this. NOT GUILTY . Third Jury, before Mr. Sergeant Arabin. 1821. MARGARET TINGAY was indicted for stealing, on the 6th of August , 12 shillings, and 2 sixpences, the monies of John Simpson , from his person. JOHN SIMPSON . I am a sailor. I came on shore the 6th of August, at Shadwell, and there found the prisoner—I had a sovereign when I came ashore—I changed it, and walked up the street with two or three acquaint ances—I came down, and fell in with some more acquaintances—the pri soner was not one of them—she was not at the Coach and Horses, in my company—I was tipsy—I cannot tell where I lost my money. ELIZABETH HARDING . I am a sailor's wife. I was at the Coach and Horses, and saw the prosecutor, but did not see the prisoner there; but at the Crooked Billet I saw the prisoner put her hand into his right-hand trowsers pocket—I said, "This man is robbed"—I fetched an officer—she was afterwards taken into custody. ELIZA JACOBS . I was at the Coach and Horses, and then we went to the Crooked Billet. The prisoner came in, and the prosecutor made rather familiar with her, being in liquor—she put her arms round him, but I did not see her take any thing. HARRIET RINGROSE . I went there for half a pint of beer for my mother. The prisoner was there with another female, and the prosecutor came in, and would go to speak to the other female—he then came back, and went to the prisonerr again—she put her hand on his shoulder, and turned his pocket out, and took our something, what I cannot say—the witness said, "That man is robbed"—she put her hand into her bosom, but what she put in I cannot say—the witness went out for a policeman—I came out, and the prisoner came out and ran home—I went and showed the policeman where she lived. GEORGE COOPER . I am bar-man at the Coach and Horses. The pri soner came to our house—she had something to drink, but I cannot swear what she gave me to change. JOHN NICHOLAS ( police-constable K K 38.) At a quarter before eleven o'clock on the evening of the 6th of August, I apprehended the prisoner—she said she had changed a sovereign at the Coach and Horses, but did not say whose it was. NOT GUILTY . 1822. JOHN MARR was indicted for stealing, on the 12th of August , 1 gelding pony, price 12 l ., the property of Edward Biggs . MR. CLARKSON conducted the Prosecution. SAMUEL OBORN SUMMERS . I am a butcher, and live in Skinner-street, Somers'-town. On Wednesday, the 12th of August, I was going to Rom ford—I met the prisoner about Stratford—he had the pony in question with him—I did not like the appearance of it—I agreed to give him 5 l .—I purchased it—he said it was his own property; that he bought it of a dealer at Barnet—I questioned him very closely, and paid him for it—it was afterwards claimed by Mr. Biggs. Cross-examined by MR. PHILLIPS . Q. Are you sure lie is the man you bought it of? A. Yes—the pony was found in my possession the same afternoon—I do not think it is worth 5 l ., but I had bid the money, and did not like to go back—I solemnly swear he is the man—Charles Clerk was in the cart. CHARLES CLARKE . I am a butcher, and live is Perry-street, Somer'-town. I was present when Summers bought the pony, and paid 5 l . for it. Cross-examined. Q. Whose employ are you in? A. Mr. Cooper's—the affair lasted about a quqrter of an hour—the prisoner had on a cap—I saw his features—he had a white flannel jecket on—he was taken in the same dress he has on now. MATTHEW GUERRIER . I am a butcher, and reside at Stratford, and was at my brother's at Ilford. I saw Summers there—the prisoner sold him the pony, and he paid 5 l . for it. Cross-examined. Q. Did you hear all that passed? A. Yes; Mr. Sum mers asked him if he had got it honestly—he said, "Certainly"—he said he had another, and a donkey, that he was in that way of dealing, and he bought the horse at Barnet—Summers then asked me for pen, ink, and paper, and wrote down the address, whiech proved false—he was paid 5 l .—I never saw the prisoner before—I am a judge of horses—I considered the pony worth ten guineas, but not at that time, he was in a dirty state—I should not have bought him, in such a dirty state, for more than was given for him—after I had smoothed and washed, and given him a feed of oats, he ap peared worth ten guineas—I have no doubt the prisoner is the man. MICHAEL MILLER . I am servant to Mr. Biggs. I turned his pony into the close at Holloway, on the Tuesday night—I fastened it with the catch inside, and missed him the next morning—I afterwards saw it in Maiden-lane—it was Mr. Biggs's. Cross-examined. Q. Was this gate locked? A. No; it could be opened by a person. EDWARD BIGGS . I am the owner of the pony, and live in Grove-lane—I lost it, and saw it again the Tursday morning afterwards—I valued it at 12 l . Cross-examined. Q. You never sold it? A. No; I could have sold it for 25 l . last year. Prisoner's Defence. I never saw the man or the horse. GUILTY . Aged 19.— Transported for Life . 1823. THOMAS HENLEY was indicted for stealing, on the 16th of July , 1 watch, value 1 l . 10 s .; 1 watch-riband, value 2 d .; and 1 seal, value 1 s .; the goods of Joseph Newton ; and that he had been before convicted of felony. JOSEPH NEWTON . I am a watch-maker. On the 16th of July, I was in Redcross-street, at half-past nine o'clock in the evening—the prisoner and two others, arm in arm, came and met me—they shoved as if they were in toxicated—the prisoner was in front of me, one of his companions on my side and one behind—I went to raise my stick to clear my way, and the prisoner laid hold of my seal and riband, ans drew a silver watch from my pocket—I went to lay hold of him, and thought I had got hold of him, but it was a blue bag that he had—he let go of that, and ran away—I pursued, and he was stopped—I am confident he is the person who took it—I never lost sight of him but a second or two—when he came to the watch-house, he acknowledged the bag was his. Cross-examined by MR. PHILLIPS . Q. Was it day-light? A. It was neither dark nor light—it was light enough to discern a person—I had never seen him before—I was not frightened—they did not ill-use me—I lifted up my stick to make way, as I thought there was something the matter—I connot say that I was alarmed—I seized the bag which was under his arm—I plunged at him—I have been afflicted with a liver complaint, and am forced to use a stick; but that day I was better than usual; but towards evening I felt weak, and that made me take my stick—the other men got away. ELIZABETH CHARLES . I heard alarm of "Stop thief," and saw a man running—I did not see him throw any think away, but I saw a man pick up somthinng. JOHN HILL . I am a contable. I heard a cry of "Stop thief," and saw the prisoner running—he knocked me down, and my brother officer came up, and took him—he struck me a violent blow in the chest, and threw away something—I do not know what it was. Cross-examined. Q. Was it dark? A. No; it was dusk, but it was a very light street where he threw it away—I know the prisoner—it was a light spot where he was taken—there is a light from a butcher's and a wine-vaults—it was at the corner of Whitecross-street, coming from Red-cross-street into Fore-street. JAMES MURRELL . I am an officer. I heard the cry of "Stop thief"—I ran, and struck the prisoner on the head, which caused him to surrender—I searched him, but found nothing on him—there was a desperte resist ance. SAMUEL GREEN . I am a policeman. I produce a certificate of the prisoner's former conviction, which I got from Mr. Clerke's office—I was a witness and know the prisoner is the man ( read. ) Prisoner's Defence. Hill states that I knocked him down—he was quite intoxicated—the people were forced to lift him up—after he got to the watch-house, he got up, and asked me what spite I had against him, and he hit me on the head. JOHN HILL . I was sober, and I have two or there witnesses to prove it. GUILTY . Aged 21.— Transported for Fourteen Years . 1824. SUSAN COLLIER was indicted for stealing, on the 30th of July , 2 pairs of stockings, value 1 s . 6 d ., the goods of William Johnson ; and 1 handkerchief, value 1 s . 6 d ., the goods of Edward Jones . EDWARD JONES . I am a police-constable. I tied some thinks in a handkerchief, and sent them to the prisoner to wash—I received the other things, but not the handkerchief back again—I asked my brother officer where it was; he said it was mislaid—we afterwards mistrusted the prisoner—I went, and found my handkerchief in her possession. WILLIAM JOHNSON . I am a police-contable. My wife laid in, and the prisoner offered to nurse her—on the ninth day left us, to go to get some dinner, and did not return fror two hours, when she came home dreadfully intoxicated—I then went to bed, as I had to go on duty that night; and when I awoke, the prisoner was gone—I went to No. 170, Drury-lane, where she lodged—I there found this pair of stock ings, which are mine; they were new when she took them, but she had worn them from the time she came till she was taken. Prisoner's Defence. I did not wear them above two days—I did not mean to steal them—I meant to wash them, and take them to her mother. GUILTY . Aged 45.— Confined One Month . 1825. ROBERT EDMONDS was indicted for stealing, on the 24th of July , 1 handkerchief, value 3 s . the goods of John Ress , from his person. EDWARD WINTER . I am a watchman. On the 24th of July, I was on duty in St. Paul's Church-yard—I saw Mr. John Ress, who was a stranger to me, and the prisoner picked his pocket of his handkerchief—he threw it down—I went up and took it, and took the prisoner—I told the gentleman, he went to the watch-house, and gave his name as John Ress—I am informed he is gone to America—he said it was his handkerchief—the robbery took place just through the piazza of St. Paul's school—I was standing by the church rails—I did not state that I was on the coach-rank. (The prisoner put in a written defence, stating that he saw the hand kerchief lying on the ground, and was in the act of taking it up, when he was apprehended by the witness, who declared he had seen him take it; which was false. GUILTY . Aged 21.— Confined Six Months . 1826. RICHARD TOVEE was indicted for stealing, on the 24th of January , 1 plank of mahogany, value 16 s ., the goods of Mark Marks . JOSEPH STROSBE . I work for Mr. Mark Marks, a cabinet-maker in Old-street. The prisoner had worked in that yard occasionally, but did not on the 24th of January—on that day, I saw him leaving the gate about half-past seven o'clock in the morning, with a plank of mabugany on his shoulder—I followed him to East-passage, Cloth-fair, wherre he pitched the plank—I went past him, and when a I turned, he was gone—I depasited the plank in a shop, and went after him—but I never saw him again till the 31st of July. MARK MARKS . This is my plank—it is worth 18 s .—the prisoner did not work for me on the 24th of January. JOHN KERSHAW . I am a police-constable. I took the prisoner—he denied knowing any thing about it. NOT GUILTY . 1827. JAMES HANCOCK was indicted for stealing, on the 21st of July , 2 fenders, value 5 s . 6 d ., the goods of Dominick Gobby . ALEXANDER GOBBY . I am the son of Dominick Gobby; he lives in Leather-lane. On the 21st of July, I was going down Leather-lane towards my father's house, and saw the prisoner with these two fenders on his shoulder—I asked where he got them—he said, "From the shop"—I took them from him, and took him back, and met my father. DOMINICK GOBBY . These are my fenders—I had seen the prisoner walking backwarrds and forwards—he then came in, and inquired for Smith, a carpenter—I said I did not know him—he took up these two fenders and went out—I ran, and my son had got him. GUILTY . Aged 32.—Recommended to mercy. — Confined Three Months . 1828. THOMAS SMITH alias Chambers was indicted for felo niously having in his possession, 5 counterfeit shillings; he having been before convicted of a like offence—he was also indicted for a misde meanour; to both of which he pleaded GUILTY . Aged 27.— Transported for Seven Years . 1829. GEORGE WILSON was indicted for stealing, on the 11th of August , at St. Pancras , 1 wine-strainer, value 1 l .; 3 soup-ladles value 2 l .; and 20 spoons, value 6 l .; the goods of Burton Brown , in his dwell ing house. MARY RELET . I am cook to Mr. Burton Brown, of Brunswick-square, St. Pancras. On the 11th of August, about half-past one o'clock in the day, I was in the kitchen, and heared a noise—I went into the passage, and saw the prisoner in the pantry—his back was towards me—I called the man-servant, who came to me, and in a moment the priosner ran out of the pantry into the area, and shut me in the passage—I opened the door, and he had fallen down the area steps—he got up, and ran into the square—I called, "Stop thief," and he was brougth back—I am quite certain he is the person—six spoons were found in his hand. WILLIAM QUICK . I live with my father in the Strand. I was passing the prosecutor's house and heard a cry of "Stop thief"—I saw the prisoner come into the area, with spoons in his hand—he fell down on the area steps—I tried to shuit the gate against him, but he got out, and I caught him in the street. CHRISTOPHER LAWSON . I am clerk to Messrs. Taylor and Co. I was in Brunswick-square, and observed the prisoner running towards me—I stopped him, and took six silver spoons out of his hand—I took him back, and he gave up to me these eighteen pieces of plate. CHARLES COOPER . I am a policeman. I was sent for, and took the prisoner into custody. ( Property produced and sworn to. ) WILLIAM HENRY MEAGLE . I am a pawnbroker. These spoons are worth about 6 l ., as near as I can guess—I can tell that by weighing them in my hand. (James Shaw, blind-maker, of Fetter-lane; and----Field, painter, Charlotte-street, Blackfriars-road; gave the prisoner a good character.) GUILTY . Aged 20.— Transported for Life . Beofore Mr. Justice Bosanquel and a Jury composed of half Foreigners. 1830. JOSEPH SAN MARTIN was indicted for stealing, on the 2nd of June , at St. Martin-in-the-fields , 9 promissory notes, for the payment and value of 5 l . each, the property of William Vince , in the dwelling-house of William Hinks . WILLIAM VINCE . I live within two miles of Southampton. I came in town on Monday, the 1st of June, and brought thirteen £5 notes with me, which I obtained at the Southampton Bank—I placed them in my portmanteau—I came to the New Slaughter's Hotel, St. Martin's-lane, kept by Hinks—I slept there that night, and left the room about nine o'clock on Tuesday moning—I took out of my portmanteau four £5 notes before I left my room—I then went down-stairs—I went up-stairs again, after breakfast, into my room, and did not take any notice of my port manteau—it stood on a chair in the centre of the room—I left the room again almost immediately, and left the house—I returned at about half-past eleven o'clock, and went into my room again—I went to my port manteau to take out some more money, and found that the lock had been picked, and nine notes, which I had left, taken away—it was shut down, but not locked—the notes were part of those I had brought from Southampton—I had received them about the 18th of May—I am certain they are part of what I received on that occasion. Prisoner. Q. Do you know the number of the notes? A. Yes. JANE COLLIS . I am chambermaid to William Hinks, of the Slaughter Coffee-house. He occupies the whole house—it is in the parish of St. Martin-in-the-fields—I remember the prisoner coming ther on Monday—he slept in the room No. 10—Mr. Vince slept in No. 8—the prisoner's room is a floor higher than Mr. Vince—by looking over the bannisters, the door of one room can be seen from the other—on the Tuesday morning I saw the prisoner about nine o'clock—I took his breakfast to him, and I saw him again about twenty minutes afterwards, at the bottom of the stairs—he spoke to me—he rang his bell at about ten o'clock—I answered it, and saw him in his room—he desired me to send up the porter—his things were all packed up then, which I was surprised to see—I sent the porter to him—he gave me 1 s .—he went down-stairs, and paid his bill at the bar—he had not desired any bill; he only asked what he had to pay—it came to 5 s .—he paid it with half-a-sovereign, and received the change—he was in great haste—he left the house in a cab, and took his things with him—he had a hat-box, a cloak, a carpet-bag, and a cane—I did not see him again till he was in custody. Prisoner. Q. Was there not a Frenchaman in the house? A. No—the prisoner had a friend come to see him, a foreigner—I do not know what he was. COURT . Q. At what time of day did the gentleman come to see him? A. He came on Sunday afternoon, the first time, and he took him into his bed-room—they rang the bell for a light to smoke a cigar; and on Tuesday morning the friend came again, a short time before the prisoner left the house—he went away before the prisoner. THOMAS GIBBS . I am porter at the coffee-house. I went to the pri soner on Tuesday morning, about nine o'clock, with his boots—I went again about half-past nine o'clock, in consequence of being called to take his luggage down, and I found his things ready packed up—he seemed rather confused—he told me to take his luggage down-stairs, and call a cab, which I did—he came down, and paid his bill—I put his things into the cab, and he drove away—in consequence of information, I went to look for him at the Piazza, Covent-garden, on the 29th of June, and found him in a bed-room, at the Piazza Coffee-house—I took a constable with me, and appre hended him. MARK MILNER . I am a cutler, and live in Cheapside. On the 2nd of June, about one o'clock, the prisoner came to my shop, and-asked for a pair of razors, and pair of nail-scissors—he selected some which came to 25 s ., which he paid for by a £5 Southampton note—I gave him change for it—I did not mark it at the time—I had no other Southampton note in my pos session—I sent my shopman, Joseph Schofield, the same day to Hoare and Barnett, bankers, in Lombard-street, with it—the note was payable at Hoare's—I have seen the scissors which I sold to the prisoner at Bow-street. WILLIAM HENRY MEAGLE . I am shopman to Mr. Masters, a pawn broker, in Jermyn-street. On the afternoon of the 29th of June, the pri soner came to the shop—I think it was him, but I am not certain—he brought two handkerchiefs, a pair of scissors, and a pen-knife, and pawned them—I gave him a duplicate, which I have since seen at Bow-street. RICHARD HEARTWELL . I am a hosier, and live at No. 283, Holborn. On the 2nd of June, about three o'clock, the prisoner came to my shop, and pointed to some silk neck-handkerchiefs in the window, which he wished to see—I showed them to him—he selected three—they came to a guinea—he did not speak to me at all—he could not understand me when I asked him any questions—he paid me a £5 Southampton note—I asked him his address and name, to put on it, but he could not understand me—I gave him change, and he left the shop—I wrote my own initials in one corner of the note—I afterwards paid it away to Ellaby, of Gutter-lane. THOMAS POCOCK . I am a policeman. I apprehended the prisoner at the Piazza Coffee-house—I found a carpet-bag, a hat-box, umbrella, cane, and cloak in his room—he made signs for me to take them, when I was taking him away—I searched him, and found three skeleton keys, and two duplicates in his left-hand breast pocket—I found 1 s . 1 1/4 d . in his pocket—two duplicates in his waistcoat pocket—I searched the bag, but found nothing in it connected with this business—I found one silk handkerchief in it—I afterwards went back to the room, and saw eleven keys, found on the top of his bedstead, by Mr. Cutriss, the coffee-house keeper—I then went to Houghton's coffee-house, and the girl showed me a portmanteau—I tried one of the three keys, and it opened it. Prisoner. Q. I have got a portmanteau in pawn; have you ever tried the key to that? A. No. JANE COLLIS re-examined. It was Mr. Vince's portmanteau that I showed to Pocock—I saw him try it—the prisoner had no portmanteau with him at our coffee-house. GEORGE THOMPSON . I am clerk to Messrs. Mathison and Co., bankers, Southampton. On the 18th of May, I paid Mr. Vince 100 l ., in fourteen £5 Southampton notes—Nos. A. 367, and A. 371, both dated the 18th of May, 1835, were among them—I have those notes here—I received them both from Barnett and Hoare's—all our notes are payable there. RICHARD HEARTWELL re-examined. This note, A. 367, has my initials on it—I received it from the prisoner. MARK MILNER re-examined. This note, A. 371, has my handwriting on the back of it, which I put on it the day I received it, but not at the time I received it from him—when I sent my shopman with it, the pay ment was stopped, and he brought it back—I took it next morning to the bankers, and they paid me the money, on my writing my name and ad dress on it—the scissors produced by the pawnbroker are what I sold the prisoner. WILLIAM HENRY MEACLE re-examined . This is the duplicate I gave to the person pawning the articles. (The prisoner, being a foreigner, had the evidence communicated to him by an interpreter; through whom he stated that he had arrived from Spain on the 11th of May, and met a Frenchman, whom he had known a year before—that he (the prisoner) was in great distress, and on informing his friend of it, he advised him to go to the respectable hotels, and that the gentle men who came theree would relieve him—the Frenchman occasionally visited him at these hotels, and on one occasion, when he called, he asked him to direct him to the water-closet—upon his return he stated he had received 30 l . from Liverpool, and the prisoner begged him to lend him 3 l ., which he pro mised to do, and gave him the two 5 l . notes to get changed—that he changed them at the shops in question, and gave the Franchman 7 l . as the change.) Three witnesses gave the prisoner a good character. GUILTY . Aged 30.— Transported for Life . 1831. THOMAS HARRIS was indicted for stealing, on the 17th of August , 3 printed books, value 2 s . 6 d ., the goods of Edward Rinford ; to which he pleaded GUILTY .— Transported for Seven Years . 1832. WILLIAM SHILL was indicted for embezzlement, to which he pleaded GUILTY .— Confined One Year . 1833. GEORGE WEBB was indicted for stealing, on the 3rd of August , 2 shillings, the monies of Charles Knapp , his master; to which he pleaded GUILTY .— Confined One Month and Whipped. 1834. FRANCIS BYRNE was indicted for stealing, on the 14th of August , 7 patches of cloth, value 5 s ., the goods of Charles Carr , his master; to which he pleaded GUILTY .— Confined Three Months . 1835. ROBERT GOLDSMITH was indicted for stealing, on the 22nd of June , 2 spoons, value 5 s ., the goods of Ann Carden ; and for stealing, on the 29th of June , 1 spoon, value 12 s ., the goods of the Right Honour able Edward Ellice ; to which he pleaded GUILTY .— Confined One Year . 1836. JOSEPH NOBLE was indicted for stealing, on the 16th of August , 1 handkerchief, value 3 s ., the goods of John Boards , his master; to which he pleaded GUILTY .— Confined Three Months and Twice Whipped . 1837. GEORGE HOLLAND was indicted for a misdemeanour. The HON. MR. SCARLERTT conducted the Prosecution. JAMES MAIR . I am victualler, living in Ellen-street, St. George's, Middlesex. On the 2nd of July the prisoner came for a quartern and a half of gin—he gave me a shilling, which I discovered to be base—I charged him with it—he wanted to pay me with something else, but I delivered it to Watson, the constable, after I had marked it. Cross-examined by MR. CLARKSON . Q. How many customers had you there? A. I think three or four—they were being served, and money being taken from them—I served the prisoner myself—I saw immediately that the shilling was bad—I did not lose sight of it. WILLIAM WATSON ( police-constable H 86.) I took the prisoner, and searched him, and found on him three sixpences and threepence-halfpenny—I received this counterfeit shilling from Mr. Mair—the prisoner was examined next day and discharged. ELIZA BERRY . I am wife to Mr. Berry, of Great Cambridge-street, Hack ney-road. On the 10th of July the prisoner came there for a quarter of an ounce of tobacco—he then asked for a rasher of bacon—they came to two-pence together—he gave me a shilling, which I thought was bad, and sent it to the workshop to my husband, by Elizabeth Arle. ELIZABETH ARLE . I received this shilling. and gave it to the Mr. Berry—he brought it back himself. JOHN FOWLER BERRY . I received this shilling. I took it into the shop, and saw the prisoner—I charged him with uttering a counterfeit shilling—he said he would give me another—I said, "No, I won't have that"—he ran out—I pursued him nearly half a mile—he was stoppped, and I came up—I gave the shilling to Mames King, after I had marked it—the prisoner had run out of my sight, but I am sure he is the man. JAMES KING ( police-constable N 231.) I took the prisoner. I found on him one good shilling—I received this counterfeit one from Mr. Berry. JOHN FIELD . I am inspector of counterfeit coin to the Mint. These shillings are boith counterfeit, but not of the same mould. GUILTY . Aged 23.— Confined One Year . 1838. WILLIAM MALING was indicted for a misdemeanour. JOHN CLARAGE ( police-segeant B 19.) On the 8th of August I saw the prisoner in Palace-street, about twelve o'clock. I stopped him, and took him by the neckcloth and the hand—he threw these six sixpences from his mouth—he was smoking a pipe at the time. WILLIAM CLIFTON ( police-constable B 50.) I was with Clarage. I took hold of the prisoner's neck, and saw him throw the six sixpence from his mouth—he said, "I suppose, Clifton, itis all up with me this time." JOHN FIELD . These are all counterfeit, and from the same mould. GUILTY .— Confined Two Years . 1839. CHARLES LEWIS was indicted for a misdemeanour. HENRY LEE ( police-constable T 72.) I saw the prisoner on the 5th of August with two persons, whom I did not know, in the Broadway, Ham mersmith. I saw the prisoner give something into another man's hand, and he went into a baker's shop—my brother officer, Moore, came up, and we secured the prisoner and another, who was discharged—the third man escaped—we were taking them to the station, and as we were going along the prisoner put his hand into his right-hand pocket, took something out in a paper, and threw it over a house, in Brook-green-lane—I went back to the house to make inquiries, and on the flower-bed I found two bad shillings—that was a situation to which he might have thrown them from where he was—I found on him a sixpence, and fivepence in copper. Prisoner. I never threw any thing away at all, nor had them in my possesion. Witness. Yes, he did; and he must have thrown near the spot where they were found—they were not in paper. HENRY MOORE ( police-constable T 146.) I assisted to apprehend the prisoner—I saw him put his hand into his pocket, take out something in paper, and throw it over the house; and one, which seemed to be a shil ling, escaped from the paper, as it was going over the house—I afterwards went to that house, and saw Mrs. Willis, and received from her two bad shillings—I found this bit of paper just where my brother officer found the money. CHARLOTTE SPENCER . I am servant to Mrs. Willis. About five o'clock on that day, I was in the garden, and something came on my head, which I found to be two shillings—I gave them to my mistress—I went to the garden with the officer—I saw Lee find two shillings on the flower-bed. Prisoner. Q. Did not you say you took the two shillings to your mistress, and she supposed they fell from your master's coat, which she was brushing out of window? A. No. ELIZABETH WILLIS . On the 5th of August, Spencer brought me two shillings—I could not account for them—I held them in my hand some time, and then put them into my pocket—I had one shilling and one half penny in that pocket—the policeman came in a few minutes, and I gave the two bad shillings to the officer—I afterwards gave the shilling and the halfpenny to Mr. Powell. **** COURT . Q. Do you know whether your husband had any silver in his coat? A. No: it was an old coat. JOHN FIELD These are all four counterfeit, and from the same mould. Prisoner's Defence. One of the persons who was with me was a stranger; he was asking his way to the suspension-bridge, and I tld him; I never threw any thing over the house; they were more likely to come from the coat pocket. GUILTY . Aged 21.— Confined One Year . 1840. HENRY GERRARD was indicted for stealing, on the 14th of August , 1 watch, value 2 l ., the goods of Elizabeth Haines . ELIZABETH HAINES . I am a widow. I keep a corn-chandler's shop in Clifton-street—I have known the prisoner some time—on the 14th of August, he came about eight o'clock at night, and asked for some hay—he walked across the shop, went to the parlour, took the watch out of the stand, and ran away—I stood at the door, and called, "Stop thief." Cross-examined by MR. PHILIPS . Q. Had you known him long? A. Yes: I am sure he is the person. JOHN BANKS I heard the cry of "Stop thief," and saw several per sons run—I picked up this watch. ( Property produced and sworn to. ) Prisoner's Defence. I was coming across the new market, and heard a cry of "stop thief"—I ran the same as the rest, and the officer stopped me—I was not in her house that night, but I have been there for hours together. JOHN OTHEN . I am a police-constable. I took the prisoner—he said it was only a lark. GUILTY . Aged 29— confined One Year 1841. HANNAH WILLIAMS was indicted for stealing, on the 12th of August , 3 towels, value 1 s . 6 d ., the goods of Williams Cook . MARY COOK . I am the wife of James Cook—my father-in-law is William Cook—his wife is a laundress. I put some towels out to dry on the 12th of August—I saw the prisoner among the linen, as I went to take them in—she took these towels—I followed her, and told her to give them to me—she threw them at me, but said nothing—she was going away with them—they were out on the bushes at Hampstead. Prisoner's Defence. I took them up from the ground—I did not intend to keep them—I gave them to her when she asked me. GUILTY — Confined One Month . 1842. BENJAMIN KING and CHARLES BROWN were indicted for stealing, on the 11th of August , 16 handkerchiefs, value 24 s ., the goods of James Banfield . The prosecutor did not appear NOT GUILTY 1843. ANN TRUSS was indicted for stealing, on the 27th of July , 6 sheets, value 14 s .; 1 spoon, value 2 s .; 2 table-covers, value 5 s .; 4 table-cloths, value 7 s .; 2 decanters, value 7 s .; 1 pillow-case, value 1 s .; 2 pairs of candlesticks, value 6 s .; 1 pillow, value 2 s .; 1 quilt, value 3 s .; and 3 blankets, value 12 s .; the goods of Edward Mayes , her master. MR. JONES conducted the Prosecution. ELIZABETH MAYES I am wife to Edward Mayes, and live in Hadlow-street. We rent No. 9—the prisoner had the care of that house—I left in that house one spoon, five sheets, and various other articles—I missed ar ticles for some time—I missed these on the 27th of July—the prisoner made some excuse about them—these are them—they are marked with our name in full length. Cross-examined by MR. PERRY . Q. You occupy two houses? Yes. I reside in No. 42—No. 9 was very badly conducted while the prisoner was there—they are termed common brothels—my husband lived at No. 9 previous to the prisoner—that house has been indicted—we were to allow the prisoner 1 s . a week for her servitude, and she was to have all the profits of the house, amounting to 2 l . a week—she paid nothing for the use of the house, and kept no rent-book. JAMES GILL . I am a pawnbroker. I produce a sheet, a table-cover, and some other things, which were pawned by the prisoner. Cross-examined. Q. Has the prisoner pawned anything before? A. Yes; and redeemed them. Mr. Perry called MR. MURRELL . My father is collector of the poor-rates. I know Mr. Mayes as collecting from him—the house No. 9 is rated in the name of Kezia Truss, and the prisoner has paid rates in her own name—I saw her pay it to my brother. MR. JONES . Q. Do not you know she paid it as servent of Mrs. Mayes? A. No; in her own name. FREDERICK WOODHUTCH . I am a ladies' shoe-maker. I know Edward Mayes—he told me he had let the house, No. 9, Hadlow-street, to Mrs. Truss, and he had no more to do with it. MR. JONES . Q. How long ago was this? A. About a fortnight—I will not swear that I have not staid with Mrs. Truss all night—( looking at a paper ) I have had a letter from her, but I cannot tell whether this "A. K. Truss," is her handwritting—it is different to what I have received—after the prisoner was in custody, I went to Mr. Mayes, with another gentleman, but I did not offer to settle this for two weeks' wages—I was not authorized by the prisoner to say any thing—she only told me to ask for some things, to change herself. HENRY NICHOLSON . I live at 33, Hadlow-street, and am a silversmith; I keep a lodging—house there. I know Mr. Mayes—he told me the houses Nos. 9 and 42, were indicted, but he had let No. 9 to Ann Truss, and the furiture would be paid for when she received her money, which would be in about eight months—that was on July 17th. MR. JONES . Q. Have you ever been any thing else but a silversmith? A. No—I have gone by another name—I was never a patrol—I was once charged with stealing a pair of ear—rings—I was in custody from eleven o'clock at night till eight o'clock in the morning—I have never been en gaged in laying an information under the Goldsmiths' Act—I never went to a police—officer to see if there was an information against me. ---- NICHOLSON . I reside in Hadlow-street. I met Mrs. Mayce in Skinner-street—she said she had done with the indictment of No. 9, for she had let it to Mrs. Truss, who was coming to some money in three months, and then she was to pay her for the furniture—I do not know what time this was. MR. JONES . Q. Then she said she was to pay out of the money she was to come to? A. Yes; not out of the produce of the house. ---- STANNARD . I reside at Hadlow-street, my husband is a car penter and sawyer. I know Mrs. Mayes—she said she had let the house to Mrs. Truss—she was landlady, and she paid the rates. MR. JONES . Q. Have you had any quarrel with Mrs. Mayes? A. No; not with her, with another person; and Mrs. Mayes persuaded the woman to take her oath I struck her, but it was not attended to—I keep No. 8, which is a lodging—house. MR. JONES to MRS. MAYES . Q. Has the prisoner paid you any rent on account of Mrs. White? A. Yes; this is the account of the lodgers, from Apil to the 9th of July, and this memorandum—book I saw the pri soner sign—I gave her a pen and ink. Cross-examined. Q. Did you not make this representation, that the prisoner had taken the house? A. No; that was altogether false. DAVID WILLIAMS ( police-constable E 143.) I took the prisoner into custody—I asked her to give up what she had in her pocket—she gave me the duplicates; which enabled me to the pawnbroker's—I have thirty-five duplicates; ninteen belonging to this case—she said she sent the goods to be pawned—I do not recollect that she said any thing about re deeming them. Prisoner's Defence. I considered the property was my own—I did not do it with any intention of stealing. GUILTY . Confined for Three Months . 1844. HENRY NEALE was indicted for stealing, on the 8th of July , 12oz. of silk, value 25 s ., the goods of Henry Farbridge ; and WILLIAM SMITH and ELIZA OATES , for feloniously receiving the same, well knowing them to have been stolen, against the Statute.—2nd COUNT , for receiving of a certain evil—disposed person. MR. CLARKSON conducted the Prosecution. ELIZA FARBRIDGE . I am daughter to Henry Farbridge, of Maper-street, Bethnal—green. He is a silk braid manufacturer—Neale was in his employ sixteen months, to tag laces—John Butcher had beeen in his em ploy about ten months—we missed silk on the 8th of July—we had been winding some about twelve o'clock on that day—I took 41 bs . up to the top of the house to wind—no one was there then—I went to dinner just after—I returned just before two o'clock, and found the silk in a different state to what I left it—I took it down and weighed it; was twelve ounces short—there were five bundles—I had counted three that contained six knots each; on my return I found only five—the value was about 25 s .—there was gold—colour, maize, and lavender, and two others which I can not recollect. JOHN BUTCHER . I am nephew of Henry Hoare, of Deal-street, Pelham-street, Mile End New Town, he is a sugar—baker—I have been three times in the service of Mr. Farbridge; about twelve months in all—I know Neale, and remember the morning when some silk was missing—I saw Neale at half—past twelve o'clock—I went home to dinner; Neale did not go with me—I met him on my return, in Church-street, Bethnal-green, about half—past one o'clock—Neale said before we parted to go to dinner, "Is there any silk going up?"—I said, "Yes;" I had seen Miss Farbridge come down with an empty basket—when I got back, we both went up atairs to the top shop—I took three knots, and he took two knots off the bundles—we put them into our pockets—I did not say any thing—he knew where I was going—we went to Smith's house—I do not know the name of the place; it was down one of the turnings in Rosemary-lane—up a street, and then down an archway—I left him outside—he gave his two knots of silk to me—I took them up to Smith, in the front room, first floor—I saw Oates there—I gave the silk to her and asked her if Bill was at home—she chucked it on the bed, and called, " Bill " out of the back window— Bill was the prisoner Smith—he came up, took the silk off the bed, and asked me how much I wanted—I said, "I cannot tell"—he said, "I cannot be buyer and seller too"—he said, "I will give you 2 s —I said, "If that is all the silk was worth, give it me"—he said, "Keep your own counsel"—as I went down stairs he gave me 2 s —he said no more—I went down stairs and saw Neale; I gave him 6 d —I told him that Smith had given me 1 s . for it—I returned at a quarter past two—my master afterwards come up stairs, and searched our jackets, and said he did not think we were such rogues—I said, "No, Sir"—there was another young man, (Charles Mitchell)—I saw coat taken out—the following day my master called me and Neale down, and asked if we had any thing to do with it—we told him no; and Neale said he took me up stairs to see Greenwich—hill—he believed it was us as much as he did Mitchell—we had agreed to say so—I went to work next morning—Neale was called down, and then I was called; and told my master—my master said he would give a guinea to any one who would tell him, and let him go—he sent for a policeman—I went and showed where Smith lived—I went up first, but the policemen missed the door—I went and stood between Smith and Eliza Oates; they said, "Have you left your place?"—I said, "Yes"—they said, "You fool, what made you leave your place? they could not prove any thing against you"—a man then came runing up stairs, and said to Smith, "Here are two crushers "—Smith then put me into a room above—I looked out of the window, and saw both the policemen below—Smith opened the door, and said, "Have you come it?" I said, "Come what?"—he said, "Have you told? Sweat you have not"—I said, "Let me go by"—I went down and got away through a coal—shed; a woman let me go by—I went to Red Lion-street, and then to my master's—I was then taken in custody to the office—the prisoners were brought in, and smith said to me in the passage, "You say you cannot swear to me, and we shall ali get off"—I said, "I do not know"—he said, "Be sure"—he said he would give me two half-sovereigns if I would say I could not swear to him; and he would give me a suit of clothes, and keep me like a gentleman, and get me a counsellor, if I was taken—he patted me on the cheek—he said he had said it would be the best way for me to say I could not swear to him—I saw him speak to a policeman. Cross-examined by MR. PHILLIPS . Q. Are you not here entirely against your will? A. Yes; I quite forget whether I told the Magistrate that I saw Miss Farbridge take upsome bilk—I did not say, "We will go to Smith's"—I intended to give the other boy 6 d .—I do not know whether that was the reason I said I had got 1 s .—when Charles Mitchell was in custody, that was more the reason that I told than anything else, to save the young man's character; besides my master had used me well, and had taken me in when I was in distress—I told my master, because I was sorry I had robbed him—I do not remember whether I told the Magis trate. I said went up to see Greenwich-hill—it was not for the sake of the sovereign that I told my master—I do not want it—I would have it if it was offered me—I never did anything wrong when I first went into master's employment; before that a boy took a hat gave it to me, and I was caught and fully committed at Hick's Hall.—I was put into the House of correction a day and a half, after I came out of Hick's Hall—I stayed there three months—I had slept out all night in Bishop Bonner's-fields—that was before I went to the house of correction at all—I know I stole four odd pattens—I have been in a pawnbroker's shop with my mother's things, but not without her knowledge; I did not remember that I have—a boy stole the pattens in Charles-street, Bethnal-green, and gave them to me to take to Brick-lane, and they caught me—I cannot recollect how much I was get—I believe I was promised something. CHARLES MITCHELL . I was in the service of Mr. Farbridge, On the 8th of July, I saw the prisoner Neale and the last witness; they came up at half-past one o'clock—I heard them go down five minutes afterwards—I did not see them go out; I was taken into custody on suspection. WILLIAM WHITE . I lived in Mapes-street, Bethnal-green. On Satur day, the 11th of July, I came to the office in Worship-street—I was in the passage, I saw smith and Oates, and the two boys there.—I asked smith if he could tell me what was the matter—he said, the little b----rs had robbed their master of silk, about three-quarters of a pound—I asked if he had it—he said "No, I took care of that, and now I want the little b----rs to swear I am not the person"—I saw the Policeman Cordell the next morning, I told him what I have stated now. Cross-examined. Q. Did you never say that he said he would give them any thing? Yes, he did; if they would swear he was not the person—no body was present. BENJAMIN CORDELL ( police-constable R 78.) On Saturday, the 11th of July, I went with my brother offider to a court in Rosemary-lane—Butcher went up a passage, but I did not see the door he went in—after sometime, I went up; I saw the female prisoner Oates in the passage—I took her into custody—afterwards I saw Smith in pigeon-trap—I had Oates, and my partner had Smith—they asked what we took them for; I told them; they made no answer—the next morning I saw Mr. White—I met him in Mapes-street, and he told me what he has said here—I know Mr. Broughton's handwriting, this is his writing to this desposition—he signed it in my presence—Neale was asked if he had anything to say—nothing was signed before it was read over to all parties. Cross-examined. Q. Was it all read over; the whole thing together? A. No; seperately, one at a time, to the witnesses—we all went up one at a time. Neal's Defence . What Butcher has stated is false. (Thomas Gower, Druggist, Cornelius Miller Hawke, and George Mears, gave smith a good character.) SMITH— GUILTY . Aged 23.— Transported for Fourteen Years . NEALE— NOT GUILTY . OATES— NOT GUILTY . 1845. WILLIAM BIGGS was indicted for stealing, on the 25th of July , 2 tablets, value 7 s . 64 pocket-books, value 11 l .; 8 card-cases, value 24 s .; and 4 skins of morocco, value 26 s .; the goods of Thomas De la Rue , and others, his masters. THOMAS DE LA RUE . I have other partners—we live in Bunhill-row, and are stationers; we missed property, I sent for sergeant Brown, and charged the prisoner with stealing 12 pocket-books, and other things—he did not say anything about them to me—these are the pocket-books, they are ours—I cannot swear they have not been sold. FRANCIS BROWN ( Police-sergeant G 10.) I was sent for on the 10th, and took the prisoner; he said he knew nothing of it—he afterwards told me he had pawned some at Mr. Reeves', in Redcross-street, and sold sixteen to Mr. Mead, in Aldgate; but previous to that I had traced some property at Mr. Boyce's, the pawnbroker; he afterwards said that if it would do any good to Mr. De la Rue, he would tell him whrer the property was, and said he had pawned thirty-one books at Mr. Reeves'. NATHANIEL MEAD . I lived at No. 93, High-street, Whitechapel—I pro duce two pocket-books—I bought them of the prisoner at the bar, about six or eight months ago. Cross-examined by MR. CLARKSON . Q. Are you sure he is the same person? A. I am not positive, but to the best or my knowledge he is. MR. DE LA RUE . I believe this to be my property. (John George, of Skinner-street, leather-dresser, gave the prisoner a good character.) GUILTY . Aged 19.— Confined for One Year . 1846. JOHN WATSON was indicted for stealing 17 pairs of shoes, value 25 s .; and one handkerchief, value 9 d . the goods of Richard Lamb , his master, and that he had been before convicted of felony. RICHARD LAMB . I lived at No. 9, Prince's-street, Turk-street, Bethnal-green, and am a shoemaker—the prisoner was in my service Five or Six weeks—he left me on the 25th of July; about six o'clock that day I missed the shoes and handkerchief, I went and took him into custody—the shoes have not been found—this handkerchief is mine. THOMAS SPENCER ( policeman N 121.) I heard a cry of "Stop thief!" that night, and took the prisoner, who had this handkerchief round his neck, and in his pocket was 2 s . 1 1/4 d . PHILIP CHETWOOD ( police-constable G 160.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—the prisoner is the person. ( read ) Prisoner. The persons where lodge urged me to do it—they live in Hackney-road—their name is Macklin. GUILTY . Aged 17.— Transported for Seven Years . 1847. ANN BENSON was indicted for stealing, on the 24th of July , 1 watch, value 6 l .; 2 seals, value 2 s .; 1 watch-ribbon, value 1 d .; one handkerchief, value 2 s .; and 12 shillings; the goods and monies of John Whenman . JOHN WHENMAN . I live at Bedford-street, Long-acre, and am a cab-driver—on the 24th of July I picked up some woman, went home with her and stopped with her, and next morning she and my watch were gone—I cannot swear to the woman. THOMAS SIMMONS . I am shopman to a pawnbroker in Totternham-court-road. I produce a watch—the prisoner is the person who pawned it, to the best of my knowledge, but I would not swear to her. NOT GUILTY . 1848. JOHN SMITH was indicted for stealing, on the 29th of July , 1 pair of boots, value 5 s ., the goods of Henry Laumann ; and 1 pair of boots, value 5 s ., the goods of Richard Trevor Roper . JAMES COOMBS . I live in Alfred-place, Bedford-square. On the 29th of July, at six o'clock in the morning, I saw the prisoner getting over the rails of the prosecutors's, area, with something in his apron—I went and collared him I—charged him with being a thief—he had these two pair of boots in his apron—he threw them into the area. HENRY LAUMANN . I was disturbed that morning by Coombs—my servant brought these boots up to me—they had been left in the area the night before, and the gate was locked—the prisoner begged my pardon—this pair is mine; these others are Mr. Richard Trevor Roper's. GUILTY .* Aged 25.— Transported for Seven Years . 1849. ROSE HUGHES was indicted for stealing on the 8th of August , 1 gown, value 5 s ., 1 shift, value 6 d ., 1 shawl, value 10 s .; 1 cape, value 1 s .; 2 handkerchiefs, value 1 s . 6 d .; 2 aprons, value 1 s .; 1 pair of stockings, value 3 d .; and 1 petticoat, value 1 s .; the goods of Michael Kelly , her master. MARY ANN KELLY . I am the wife of Michael Kelly. I went to market on the 8th of August, and left the prisoner in my house, with my sister-in-law and a young man—when I returned the prisoner was gone, and I missed these articles. EDWIN BELL ( police-constable H 184.) I received information, and found the prisoner at the Cock and Lion-stairs, Wapping—I found a trunk, which she stated was her's; and in it I found this property—she was going off by the steam-packet. MICHAEL KELLY . I traced the prisoner to that place—she was going on board to go to Ireland—her father left her and several more, when very young. GUILTY . Aged 15.— Recommended to mercy .— Confined One Month . 1850. CHARLES ROND was indicted for stealing, on the 10th of August , 1 watch, value 2 l .; 1 watch-ribbon, value 6 d .; 1 seal, value 5 s .; and 1 watch-key, value 2 d .; the goods of Thomas Edwards . THOMAS EDWARDS . On the 10th of August I had been drinking pretty freely with the prisoner, and I lent him my watch to take care of—he went with me to several public-houses after that, and then he wanted 5 s . of me to return my watch—I would not give it him, and he went away with it—the officer and I found the duplicate of it in his lodging—this is it. Prisoner. I called in at the Cat public-house; the prosecutor was there, and he would force his discourse upon me; he then went to the Golden Boot, in Milton-street, where he took out his watch, and was going to dash it down; I stopped it, and kept it some time; I then offered it to him, and he told me to keep it for a month; I went home with it, but I had written him two directions where I lived. NOT GUILTY . 1851. ELLEN SMITH and JOHANNAH LENNARD were indicted for stealing, on the 16th of August , 1 half-sovereign, 1 half-crown, 1 shil ling, 2 sixpences, and 2 farthings, the monies of Thomas Quigley . THOMAS QUIGLEY . I am a clerk in a counting-house, and live in Bridgewater-gardens. On the 16th of August, at half-past four o'clock in the morning, I met Smith in St. Giles's—I went with her to a house and went to bed with her, leaving my clothes on a chair—when I awoke, I missed this money from my pockets—there had been another young girl in bed in the room, (who was not Lennard,) and she went away—in about half an hour, while I was arguing with Smith, Lennard came into the room, and said Smith was not the person at all—I went out, got an officer, and we found the money on Lennard—Smith had got up before I did. JOHN PIPER ( police-sergeant E 14.) The prisoners were placed in my custody—while Lennard was standing by my side, she took something from her stocking, and tried to pass it to another woman—I took her hand, and found in it this money, 14 s . 6 1/2 d ., in all. Lennard. He gave me this money, which he said was all he had; he went with me, not with Smith. THOMAS QUIGLEY . I did not see Lennard till the next morning, after I had been contending with Smith—it was Smith I was with—I had been locked out of my lodging—I got drunk, and did not know what I was doing. Smith's Defence. I went to the room at five o'clock that morning, to call this other young woman, who was then asleep—the prosecutor then got up, and said I had robbed him. NOT GUILTY . 1852. JAMES FITZGERALD was indicted for stealing, on the 16th of August , 1 ring, value 21 s .; and 1 knife, value 1 s .; the goods of Samuel Powell Beeton , his master. SAMUEL POWELL BEETON . I keep the Dolphin, in Milk-street. The prisoner was my pot-boy—I missed a quantity of jewellery—I had him searched, and found on him this mourning ring and pen-knife, which are my property—they had been missing some time—I lost property to the amount of 40 l . ELIZA BEETON . I am the prosector's wife. These are our property—they were in a box in my bed-room, and in a drawer—the prisoner had to pass my door to go to his own room. Prisoner's Defence. I found them in the passage—I saw no name on them, or I should have delivered them up. GUILTY . Aged 18.— Transported for Seven Years . 1853. JOHN DAVISON was indicted for stealing, on the 3rd ofAugust , 1 watch, value 20 s .; 1 seal, value 4 s .; 1 watch-key, value 2 d .; and 1 ribbon, value 2 d .; the goods of John Moore . The prosecutor did not appear. NOT GUILTY . 1854. REBECCA HALL was indicted for stealing, on the 30th of July , 3 sheets, value 5 s .; 3 falt-irons, value 6 d .; 1 quilt, value 1 s .; 7 caps, value 5 s .; 1 frock, value 2 s . 6 d .; and 1 blanket, value 2 s .; the goods of John Wallace ; and that she had been before con victed of felony. MARGARET WALLACE . I am the wife of John Wallace, and live in Brook-court, Brook-street, Holhorn. The prisoner lodged there—she left me on the 30th of July—I then missed all these articles. HENRY HAMTSTEAD . I am a pawnbroker. I have a blanket, three irons, a candlestick, and two shirts—I can swear the prisoner pawned some of them on the 29th of July. ( Property produced and sworn to. ) JAMES BRANNAN . I produce a certificate of the prisoner's former con viction, which I got at Mr. Clark's office—I know she is the person ( read. ) GUILTY . Aged 45.— Transported for Seven Years . 1855. WILLIAM HENRY MITTON was indicted for stealing, on the 18th of August , 1 shilling, the monies of George Drew , his master. GEORGE DREW . The prisoner was my shopman. On the evening of the 18th of August, I marked four shillings and two sixpences, and out them into my till—I went to Crown-street, and, on my return, I found an increase of four shillings in my till, but one of the marked shillings, and one of the marked sixpences was gone, and there was no larger piece of money in the till, for which he could have given change—I sent Miss Brown down that eve ning for change, and the prisonerr gave her the marked shilling, which I missed from the till. Cross-examined by MR. DOANE . Q. Had you made an arrangement with Miss Brown before this? A. Yes; I have detected no fewer than fourteen shopmen, who have robbed me in business—I have not prosecuted any of them—I was unfortunate in business about seven years ago—I did not tell the prisoner's mother that if she had been present at the office the matter might have been dropped—I told her I was bound over to attend—I told her a young man once took 40 l ., which was returned to me, and I did not prosecute him. MARTHA BROWN . On the 18th of August I went down to get change. Mr. Drew's daughter looked into the till, to see if there was change, and there was not—I then said to the prisoner, who was in the shop, "You must be my banker till the morning, and then I will return it"—he gave me this shilling, which I gave to the officer. Cross-examined. Q. Was this part of a scheme arranged before? A. It was—this shilling is marked under the neck of the head—I had seen the money marked by Mr. Drew, and this one corresponds with the other—it is a scratch. WILLIAM PHILLIPS ( police-constable E 40.) I took the prisoner, and received this shilling from Miss Brown. Prisoner's Defence. I had one shilling in my pocket—some customers came in, and one wanted a shilling for a sixpence and some coppers—I took that shilling out of the till—the shilling I had in my pocket was my own, which I had taken in change of a sovereign. NOT GUILTY . 1856. THOMAS STEVENS was indicted for stealing, on the 6th of June , 1 shawl, value 5 s ., the goods of Laurentia Dizi . LAURENTIA DIZI . I am a teacher of French. The prisoner came to my house on the 6th of June—he said he came to have his little girl taught French—when he was gone I missed a shawl, which had been on a sofa in the room—no one else had been there but Jane Vignette. JANE VIONETTE . I live with the prosecutrix. When the prisoner came there was a shawl in the room, on the end of the sofa—it was missed directly he was gone—it must have been taken by him—I met him last Thursday night, at half-past eigth o'clock—he saw me, and ran away—I pursued him, and gave him into custody. GEORGE KEMP ( police-constable N 82.) I stopped the prisoner. Prisoner. I never saw the shawl—I took my daughter there to be finished in French. GUILTY . Aged 36.— Confined Six Months . 1857. THOMAS LATHEY was indicted for stealing, on the 14th of August , 2 pair of shoes, value 2 s . 6 d ., the goods of Sarah Selby . WILLIAM HOLLAND ( police-constable N 126.) I met the prisoner on the 14th of August, opposite a pawnbroker's shop. I stopped him, and found these two pair of shoes on him—he said he bought them in Petticoat-lane. SARAH SELHY . These arre my shoes. I missed them on the 14th of August. Cross-examined by MR. PHILIPS . Q. Do you know them to be yours? A. Yes; I have a mark on them—I have made inquiries about the pri soner—he has respectable friends, and was destitute. GUILTY . Aged 21.— Recommended to mercy. — Confined One Month . Fifth Jury, before Mr. Sergeant Arabin. 1858. HENRY WALKDEN was indicted for embezzlement. JEFFERY JOHN EDWADS . I am an attorney, and live in Lincoln's-inn Fields—I have one partner—the prisoner was our clerk—it was his duty to receive money on our account—I had occasion to write to Mr. Hemming for the sum of 68 l . 15 s . 6 d .—it being inconvenient for him to pay, he gave a warrant of attorney; the costs came to 6 l .; I desired the prisoner to get it executed, and receive the costs—he never accounted to me for that 6 l .—I spoke to him about it, and he made some excuses about it. Cross-examined by Mr. DUNBAR . Q. Was there any one who had the office of cashier, or the handling of money in your office more than another? A. No one, except Mr. Wright—the prisoner might have accounted to Mr. Wright for this, but it was not his duty to do it—if I had been out of town, my partner should have received it. JOHN SPEDDING FROUDE . I am in partnership with Mr. Edwards—the prisoner never accounted to me for the 6 l ., which he should have done if my partner had been away. GEORGE FRY . I am an attorney; Mr. Edwards applied to Mr. Hem ming, my client, for the payment of a sum of money—the prisoner brought me a warrant of attorney—I paid him 6 l . by a cheque, on the 16th of April—this is the receipt he gave me for it. Cross-examined. Q. Is it on a stamp? A. No; I gave the prisoner the cheque, which I had received from Mr. Hemming, on the Bank of England. AUGUSTUS FREDERICK HEMMING . I drew this cheque, which has been returned to me from the Bank as paid. GEORGE FRY . This is the cheque I paid the prisoner—it appears to have been crossed out as paid; here is some writting on the back of it which I believe is the prisoner's—I have seen him write. Cross-examined. Q. If the prisoner had lost it, having put his name on it, or if another person had found it and feigned his name, might they not have procured the cash for it? A. Yes; I believe they might. Prisoner. I am innocent. GUILTY . Aged 21. 1859. HENRY WALKDEN was again indicted for embezzlement. JEFFFERY JOHN EDWARDS . On the 3d of July, Mr. Hemming's clerk called to pay 10 l . on the warrant of attorney; he asked me for a receipt, which I said I would not give, but I would acknowledge it by letter; and I told him to tell Mr. Hemming to come and settle the accounts on the warrant of attorney; he said he had paid some—I said "No; "I looked at the prisoner and said, "Has he?" the prisoner said "No, Sir," I then went into my room, and heard no more conversation—on the 11th of August I saw Mr. Fry and Mr. Hemming—I asked why he had not paid the warrant of attorney—he said he had paid three payments—the prisoner then admitted that he had received the last 10 l . and spent it. Cross-examined by MR. DUNBAR . Q. What salary did you give the prisoner? A. 12 s . 6 d . a week—it was formerly 10 s .—he had authority to get the warrant of attorney executed, but not to receive this money—he had a general authoriity to receive money—I did not know that this war rant was executed—he came to me in 1833—I joined partnership with Mr. Froude in November last, but the prisoner had a general authority to receive money—Mr. Wright was not the only person entrusted to receive money—he is not here. AUGUSTUS FREDERICK HEMMING . I paid the prisoner, on the 30th of April, 10 l ., and on the 30th of May, 10 l —the first was a Somersetshire-note, and the second a Bank of England-note—these are the receipts the prisoner gave me. JOHN SPEDDING FROUDE . The prisoner never accounted to me for these sums. (Mr. Frazer, a barrister; Mr. Spring, of Great Portland-street; and Robert Jackman, gave the prisoner a good character.) GUILTY . Aged 21.— Recommended to mercy by the Jury. — Transported for Seven Years . 1860. HENRY HANCE was indicted for embezzlement. JOHN DINNISON . I am a newsvender. The prisooner was in my employ for about nine months—he was to receive money on my account, and ought to account for it immediately. JOHN CHARLES COURT . My master is a customer of the prosecutor's—I paid the prisoner, on the 14th of May, 1 l . 12 s ., and he gave me this receipt. ALFRED JOHN FICKLING . My master dealt with the prosecutor—on the 27th of February, I paid the prisoner the sum of 3 l . 16 s .—he gave me this receipt. JOHN DONNISON . The prisoner accounted to me for 2 l . 6 s . of the money, received on the 27th of February—he said the gentleman was out of town, and he would settle it afterwards—he did not pay me the other sum. (The prisoner received a good character.) GUILTY . Aged 25.— Confined Nine Months . 1861. GEORGE TAYLOR was indicted for stealing, on the 1st of August , 2 saws, value 7 s . 6 d ., the goods of James Wellings . JAMES WELLINGS . I am a carpenter, and live in Brewer-street I lost two saws, on the 1st of August, from an empty house, No. 17, Brewer-street, where my bench and tools were—I received information, and went after the prisoner—I found him in Spencer-street, with the saws under his coat—these are mine. JESSE BUTLER . I saw the prisoner go into the house, and come out with the saws under his coat, about six o'clock—I gave information. CHARLES PALMER ( police-sergeant G 17.) I took the prisoner with the saws. GUILTY . Aged 30.— Confined Three Months . 1862. MARY SULLIVAN was indicted for stealing, on the 13th of August , 2 handkerchiefs, value 4 s .; 1 shawl, value 5 s .; the goods of Tho mas Nicholls ; and MICHAEL HAYS was indicted for feloniously re ceiving the same, well-knowing them to have been stolen, against the Statute. HENRY LONG . I am in the service of Mr. Thomas Nicholls, a pawn broker, of Gray's-inn-lane. On the 13th of August, these handkerchiefs and shawl were taken from our counter—I received information, and fol lowed Sullivan, and took the handkerchiefs from her—she turned into Bald win's gardens—I followed her—I then saw Hays, and he followed us—we went on, and when we got to Holborn, I heard some person call out, "He has got it; he has got ir"—I then saw part of this shawl under Hays's arm. Sullivan. Q. Did you see me in the shop? A. Yes. THOMAS MASON . I am a police-constable. I was on duty, and heard that the prosecutor had lost some shawls—I went to Holborn, and saw Hays run from a crowd—I followed him two hundred yards, and took him with this shawl buttoned under his coat. Hays. Q. Did I not stop the instant you called me? A. No; you ran two hundred yards. WILLIAM VERTUE . I am a police-constable. I heard the alarm, and took Sullivan—I found on her a bunch of keys, two rungs, and a box. Sullivan's Defence. I was very bad, and I had not been out for a fort night—I went out that day, at eleven o'clock, to go to the doctor; a woman came up to me, and put these things into my hand, and told me to hold them—she said her husnand was running after her, and she was going to pawn them—I saw the ticket on them, but did not know they were stolen. Hays's Defence. I picked the shawl up. SULLIVAN— GUILTY . Aged 23. HAYS— GUILTY . Aged 19. Transported for Seven Years . 1863. MARTHA BISGROVE was indicted for stealing, on the 1st of August , at St. Paneras , 5 sovereigns, 1 half-sovereign, 2 half-crowns,21 s . and 1 sixpence, the monies of Edward Wheatcroft , in the dwelling-house of Matthew Hamilton . EDWARD WHEATCROFT . I am a marble-polisher, and lodge in the house of Matthew Hamilton, in Charlton-street, Somers-town. On the 1st of August, between ten and eleven o'clock at night, I went out to fetch something for supper—I was perfectly sobre—I had a glass or two, but had my senses about me—I met the prisoner with a woman—I did not know them before—we fell into conversation, and I asked them to have something to drink—the prisoner said they were hungry, and would be glad if I could give them something to eat—I took them into my room, which is the back parlour, and gave them some supper—while I was there a man and woman came in who owed me some money—the woman paid me a sovereign and 4 s . 6 d .; I had 21 s . in my pocket before that; I put the money into my pocket; the woman who paid it to me said, "Mind you don't pay the sovereign away for silver"—I then put it into a looking-glass drawer, which I locked up, and put the key into the tea-caddy, close by; all this happened in the prisoner's pre sence—soon afterwards the man and woman went away—I fetched a drop of gin while they were all four there, and after I had put the money away—they were all there when I went out—I returned and found them all four there—the man and woman were strangers to the prisoner—the man worked for me—they went away—the prisoner and the other woman remained, and cat my supper—the other woman then went away, leav ing the prisoner with me, and said she would come again—that was at near 11o'clock—I fell asleep shortly after, and awoke at a little after two o'clock in the morning—the prisoner was then gone—she had given me no notice of her going, and left the door ajar—I jumped up, and the key of the looking-glass-drawer was taken out, and laid on the table, and all the money gone—I went and gave information—the prisoner was taken on the Wednesday morning following—it happened on the Saturday night—I lost five sovereigns and a half, two half-crowns, and twenty-one shill ings, and a sixpence. Cross-examined by MR. PAYNE . Q. You had been drinking a glass or two? A. Yes; I had had two glasses of gin—that was all I had after twelve o'clock—I was at work until six o'clock at night—I had the gin about eight o'clock in the evening—I thought I could have eat at first, but there was not enough supper for us all—I had no appetite, and did not wish any—I did not sit many minutes after the other woman left, before I fell asleep—I drank half-a-glass of beer while they were there—it was not at my request that the prisoner remained with me—I fell asleep in my chair—I only know Hamilton's name, or the parish the house is in, by what he told me—I saw the money last when I put the sovereign into the drawer—I counted it at dinner-time—I was sobre, and knew what I was about. CAROLINE BISGRONE . I am the wife of Charles Bisgrove, a shoemaker; he is brother to the prisoner's husband. On the Saturday night in question, the prisoner's husband had left her, and she came to my place to find him—I went out with her to meet my husband, and at the corner of Chapel-street the prosecutor came up—he seemed tipsy—he asked us to have some thing to drink—we refused at first, but went and had some gin at last—he asked her to go home to supper—she went home with him, and I stopped for a minute or two—I was then going towards home, and met them at the cook-shop door—then both of us went home him—somebody came and paid lim some money, as he has stated—I did not see where he put the money—he was sitting near the drawer, and got up, but where he put it I do not know—the man and woman went away—I could not stop any longer—he asked her to stop—I said, "I must go, "and left the prisoner there—it was ten minutes after ten o'clock—when I got home, her husband was at my place, and I went back to tell her in about half an hour, it might be, after eleven o'clock—I could not get into the prosecutor's room—a boy opened the door, and told me to go into the room, but I found it was locked—I knocked at the door, and then the prosecutor answered, and said, "Halloo, we are in bed"—I went away—the prisoner came to me, about half an hour after that, and said, "He asked me to go to bed with him, and I have got some money—he said he would give me all he had got if I went to bed with him"—she said he had given it to her, and she got up, and then she took the money—when she knocked at my door, her hus band went out, and said he would not see her—she came up stairs, pulled out the money, and said, "I have got some of the money, he said he would give me, all he had—I have left my cap there—he went to asleep directly—I took the money, and came away"—she told me not to say any thing to my husband, or he would tell her husband, and I should have a gown ont of the money she had better keep it—she had been away from her husband for a week—she counted the money, but I did not hear what she said, nor see what she had got—I think there were sovereigns and some silver—she did not tell me who took the money out of the drawer—I swear that—I told the magistrate she said she took the money—I did not say" Out of the drawer"—I did not kknow it was in a drawer ( looking at her deposition )—this is my mark. Q. Did you not state, "I then went home again, and soon after that the prisoner came, and said, I have taken some of his money out of his drawer; she pulled some money out of her pocket, and counted it?" A. Yes; I said she took some of his money—I do not recollect whether she said, "Out of the drawer, "or not—I was before the magistrate on Weds uesday—I was fetched in a hurry, and was very much frightened—some thing was read to me, and I put my mark—I might have said about the drawer—I do not know that I did—I do not remember about the drawer—I told her, I did not know she was going to do that, or I would have gone away, and left her—I meant I did not know she was going to bed, nor yet going to take the money—she said I might have a gown out of it—I do not recollect telling the Magistrate, "She did not tell me that wheatcroft, the prosecutor, had given her the money; "but I will not swear it—I was so frightened when I put my mark to the deposition. Q. Do you mean to swear she told you he had given her the money? A. I do not think I said that—she told me so when she first came in—I do not remember telling the Magistrate she did not tell me he had given her the money—I did not say it. Cross-examined by MR. PAYNE . Q. who spoke first when you met the man in the street? A. Wheatcroft—he seemed to me as if he had been drinking—he pressed us several times to go and drink with him—we had a glass of gin a-piece at the corner of Chapel-street—the prisoner told me at first that he had said he would give her all he had if she would sleep with him, and after that 5 she said that she got up and took it, after he was asleep—she did not say why she left him, omly I wanted her, as her husband was at my house—I am quite sure that when I knocked he said he was in bed—it was a little after eleven o'clock, I think. EDWARD CAGENEY . I am a policeman. On the 5th of August, I ap prehended the prisoner—I asked if she knew the charge—sile "No"—I said it was for a robbery comitted on Saturday night, in Charlton-street—she said, "Oh dear me! there is another woman implicated in it as well as me." Cross-examined. Q. Where was this? A. After I apperhended her, in a public-house. Prisoner's Defence. I went to my sister's, to get something from my husband—I staid there till rather later than nine o'clock—we were at the corner of Chapel-street—the man came and asked us several times to have drink—we went, and he had a basin in his hand—he asked me to go home with him and sleep—I refused—he asked again, and I said I did not mind, if he let my sister-in-law with me—he went to the cook-shop, and got supper—my sister-in-law went out to see her husband—while we were sitting at supper a man and his wife came in with the money—he went out for half-a pint of gin—he took the sovereign out of his pocket, and put it into the drawer—the person there told him to put it in—he said, "Never mind, I have got plenty"—when the people left, my sister-in-law and me had supper—the man said he could not eat as he had been drinking all day—my sister-in-law left, and he asked me to stop all night—I said I could not, as I was a married woman—he said he would give me all he possessed if I would stop; and begin in distress, I consented—he gave me 6 l . 10 s ., and some silver; but his conduct was so disgusting I was obliged to leave him. GUILTY of stealing only. Aged 26.— Transported for Seven Years . (The witness, Caroline Bisgrove, was committed for prevarication.) First Jury, before Mr. Sergeant Arabin . 1864. EDMOND KING was indicted for feloniously forgoing, on the 23rd of June , an order for the payment of 10 l ., with intent to defrand John Gilpin .—2nd COUNT; for uttering, disposing of, and putting off the same, well knowing it to be forged, with a like intent.—Two other Counts, stating his intent to be to defrand William Masterman and others. JOHN GILPIN . I keep the the Mitre and Dove, in King-street, Westminster. I have known the prisoner some years as a customer coming to my house—I do not know what he is—he came to my house on the 13th of June, and asked me to accommodate him with a bed for a night or two—having seen him often before, I said I would—he stopped until the 23rd of June, and that morning he brought me a cheque on Masterman's for 10 l .—he told me it was given to him by Mr. Smith, the night before, but it was too late to get it cashed—he said Smith lived at No.14, Lincoln's-inn-fields—he wished me to let him have a few pounds on the cheque, as he had to meet some friends at the Zoological Garends, and had not time to go to receive it, and I could keep the rest against his bill—he gave me the cheque—I let him have 5 l . on it—he owed me 1 l . 18 s . 2 d .—he went away, and a I saw nothing more of him till the last day of the month, when I took him into custody at Knightsbridge—I delivered the cheque to Hart, to get it cashed—he returned the same cheque to me—when I took the prisoner, I asked him how he could act so wrong as to give me the paper which was good for nothing—he said he would go with me to No.14, Lin coln's-inn-fields, and clear up his point at once—I went with him, and no such person ever lived there—he was in custody—the officer was with us—this is cheque he gave me. THOMAS BRAND . I am casiler to Masterman and Co. This cheque was presented about the 23rd or 24th of June—I returned it, writing on it "No account"—we have an account with Thomas Smith, of Bermondsey-grange—it is not his writing—I do not know the prisoner at all. THOMAS SMITH . I am a tanner, and live at Bermondsey. I bank at Masterman's—this is not my handwriting—I know nothing of the prisoner. DANIEL DAWKINS . I am a policeconstable. I accompained Gilpin to the Guardsman public-house, and took the prisoner into custody—he said Mr. Smith, of No.14, Lincoln's-inn-fields, gave him the cheque—we went there, but could find no such person—he then said Smith gave it to him, near Temple-bar, as part of some money he had got on some estates of his; he being his attorney—I searched him at the station-house, and found on him part of a sheet of a paper corresponding with the paper the cheque was written on, in every particular—the water-mark agrees in the creases. Prisoner. The prosecutor says I had 5 l .; it was only 4 l J. GILPIN re-exmined. I had given him 1 l . the Saturday before—I gave him 4 l ., and said, "This is 5 l ." Prisoner's Defence. About the 28th of June, I went to the Inner temple, to see Mr. Hill, an attorney, and while inquiring for him, I saw a person named Smith, who said he had removed from there, and he did not know where—that he himself was an attorney, living at No.14, Lincoln's-inn-fields, and would be happy to do any thing for me—I agreed to meet him on the following Monday, when I met him at four o'clock in the afternoon—I told him I was entited to some money in the funds, belong ing to my sister and me, and wished his advise as to selling the stock out—he said if it was in the funds it was easily done—he left me, and in a quarter of an hour returned with what he said was a power or attorney, which I signed, and gave it to him to take to Mr. Brooks, a stock-broker, who had done business for my family many years, with instructions to sell the stock out—when he got the power of attorney, he asked how long I had been in town—I told him—he asked how I was off for money—I said I was very short, and was about writing home for some—he said he would supply me, and asked if 10 l . or 20 l . would do, and said he would give me a cheque on his banker—he left me a few minutes, and returened with the cheque, written on a half sheet of paper—I parted the paper, and put the cheque into my pocket—on the following morning I bad to go to the Zoolo gical Gardens, and asked the prosecutor to give me cash for the cheque—after going to the Zoological Gardens, I went to Knightsbridge-barracks—I was formerly in a regiment—I stopped at the barracks all night, and next morning I went to Mr. Brooks to know when the stock would be sold—he said a person, answering Smith's description, had been with the power of attorney, but he declined to act on it, not liking Smith's appear ance—I said he had given me a cheque for 10 l .—he said it might be all night, but he did not like the appearence of the man—a few days after, the prosecutor came with an officer, and said the cheque was bad—I ex plained how I got it, and proposed to go to Lincoln's-inn-fields, to see it Smith resided there, but could hear nothing of him—had I been guilty, I should not have had the half sheet of paper about me—I could have no possible motive for committing the forgery; for the prosecutor would have lent me the 5 l . without the cheque—Mr. Brook's can prove Smith's call ing on him. DANIEL DAWKINS re-examined. I found the paper in his pocket-book—I have compared the cheque with the water-mark—I believe they were one and the same sheet of paper. Prisoner. I admit it—I tore it from the paper myself. JOHN GILPIN re-examined. I should not have lent him the 5 l . without the cheque—he showed me documents of property which he said belonged to his father—I thought it all right. GUILTY of uttering. Aged 33.— Transported for Life . 1865. JOHN WELSH was indicted for feloniously breaking and en tering the dwelling-house of Tbeophilus Sunman , on the 12th of August , at St. Mary Stratford-le-bow , and stealing therein 6 tea-spons, value 2 s ., his property: and 1 pair of trowsers, value 14 s .; 3 handkerchiefs, value 12 s .; 3 half-crowns, and three shillings; the goods and monies of Richard Sunman . RICHARD SUNMAN . I am a labour, and live with my father, Theo philus Sunman, in Wick-lane, Old Ford, in the parish of St. Mary Stratford-le-bow. On the 12th of August, I went out, and padlocked the house—my mother had the key—she gave me the key about oneo'clock in the day time, and I went to the house—it is a lone house—I found the padlock had been opened, and hanging on the chain—I went in, and heard somebody coming down stairs—I said nothing, but the moment he opened the door, I caught him by the collar—he was a stranger—he struggled with me, and gave me a blow which knocked me down—I had a long scuffle with him, and at last he got away, leaving his coat and hat behind—he ran across the fields—I pursued, and lost sight of him for a short time; but he was soon taken—it was the prisoner—I know he is the same person he was taken without a coat or hat—on going into the room, I foud three silk hand kerchiefs, and a pair of trowsers of mine removed, and ten shillings and sixpence taken out of the pockets of the trowsers—they were not carried out of the house—the three silk handkerchiefs were brought down stairs, out of my box—the money was found in the prisoner's coat pocket—I am quite sure he is the person. Cross-examined by MR. PAYNE . Q. How long did you lose sight of him? A. For about ten minutes—I said it was half an hour from the time he got away till he was apprehended, but not that he was out of my sight—he was in my sight almost all the way he ran—I had seen the things up stairs on Monday morning—this was Wednesday. MARY SUNMAN . I am the wife of Theophilus Sunman. I was at home at half-past eleven, and made every thing secure—I locked the padlock, and gave the key to my son afterwards. Cross-examined. Q. When had you seen your son's handkerchiefs? A. On Sunday, when he had them in use—there is no other way into the house besides the front door. RICHARD DAVIE . I work for Mr. Hamilton, and am his son-in-low—my little boy told me of this robbery—I directly went down, and saw the prisoner crossing the field—I ran round in a contrary direction, and as soon as he saw me, he turned buck, and went on the bank of the canal—I at last found him concealed under the side of the bank, without a hat or coat. Cross-examined. Q. What do you mean by being concealed under a bank? A. A kind of shelving bank with rushes—he was lying down, pre tending to be asleep—from the time I had seen him it was impossible he could be asleep—I am sure he is the man I saw running—I was about one hundred yards from him in the field, and his back was towards me—I did not see his face—the man I saw running had no coat nor hat on—I found three half-crowns and thirty shillings in his coat pocket. JOHN DRUDGE . I am a policeman. I took the prisoner into custody with out coat or hat—the prosecutor gave me his coat and hat, and said it be longed to him—the prisoner said he knew nothing of it—the prosecutor gave me ten, shillings and sixpence, three half-crowns, and some other sil ver, and this small jemmy. Cross-examined. Q. Did you search the prisoner? A. No; The prisoner said he saw a man put the money into the coat pocket—I asked if he knew who that man was—he said not—he did not say he saw the prosecutor put the money in—there were a great many people standing round. RICHARD SUNMAN re-examined. He left his coat behind him—these sil ver spoons were found up-stairs, not in their place. Prisoner's Defence. I had just come out of the water from bathing. GUILTY .— Transported for Fourteen Years . 1866. AUGUSTA BENNETT alias JANE JONES was indicted for stealing, on the 2nd of July , at Saint George, Hanover-square , 1 tea-pot, value 10 l ., and 5 spoons, value 1 l .10 s .; the goods of William Measres , her master, in his dwelling-house; and WILLIAM JONES was indicted for feloniously receiving 4 spoons, value 12 s ., part of the said goods, well knowing them to have been stolen, as aforesaid. WILLIAM MEARES . I live in Davis-street, Berkeley-square, in the parish of Saint George, Hanover-square. The female prisoner was in my service for about three weeks—on the 2nd of July, she asked leave to go out, and never returned—we examined and missed a tea-por value 10 l ., and all the property stated in the indictment, and other silver besides—I gave informa tion at the police-office next morning, and on the afternoon of that day the constable broght me four spoons—I know nothing of Jones—Bennett had been out two or three nights before. RICHARD PASSEY . I am a constable. About the 31st of June, I re ceived information from Mr. Kyezer, a silversmith, who I lodge with, and I waited at home to apprehend a person if he came on the following morn ing, but he did not—next morning I was called down—I came into the shop, and saw the prisoner Jones with four spoons in his hand—on my walking towards him he picked them off the counter, and put them behind him—her an out—I called, "Stop thief!" and a gentleman stopped him in Tot tenham-court-road—I took him to the station-house, and after making in quiry, a policeman gave information of this robbery—I went to Mr. Meares, who described Bennett, and in the evening in High-street, Saint Giles, I saw her with another female coming out of the Rockery—I went up and spoke to her—he said her name was Jane Jones—I said "I think it is Augusta Bennett"—she said, "Yes"—I asked her where she came from? she said, "Brompton"—I said, "Don't you know Davis-street, Berkeley-square"—she said, "Yes"—I said, "Don't you know Mr. Meares"—she said she did—I told her the charge, and she mentioned all these articles singly; as having taken them—nothing has been found bat the four spoons. LOUIS KYEZER . I keep a silversmith's shop in Tottenham-court-road. The prisoner Jones came to me between nine and ten o'clock at night with a silver fork, and asked if I bought silver, and if it it was all right—I looked at it and said, "Why so?"—he said, "If you do I shall have a good swag to-morrow"—I said, "I do not like buying any thing on the cross, but let me see it, will you?"—he said, "Well. to-morrow morning I will bring it; I suppose it will be all right?"—I said "Yes," and bought a fork, worth 10 s . for 7 s . 9 d ., which we call a cross -price—as soon as he was gone I gave information to Passey—(I have apprehended nearly thirty person in that way)—Passey waited all the next day, but he did not come—next morning he brought four spoons—I called my man aside, to send Passey, who came down and went out of the side door; and as soon as he came into the shop the prisoner took the spoons up, and tried to conceal them—he ran out and would have got away, if a gentleman had not stopped him. ( Property produced and sworn to. ) Bennett's Defence. When I was at the house I drank a quanitity pf spirits, unforturnately, and did not know what I was about—in St. Giles's I met this man—he went with me to nearr the church, and said, "Do you want a lodging?"—I said, "Yes; "—he said, "Take a little run-and-water"—we went into the public—house, and when I tasted it I gave it to the publican's wife—he said he would take me to better lodgings. BENNETT— GUILTY . Aged 32.— Transported for Life . JONES— GUILTY . Aged 25.— Transported for Fourteen Years . 1867. JOHN ORCHARD was indicted for feloniously forging, on the 4th of August , a Bill of Exchange for payment of 16 l . 14 s . 6 d ., with intent to defraud Alexander Semple —2nd COUNT , for offering and uttering the same, well knowing it to be forged, with a like iutent—3rd and 4th COUNT for forging and uttering an accedptance therof, that is to say, " Accepted, W. Laurence, " with a like intent. ALEXANDER SEMPLE . I am a timber-merchant, and live in Newman-street, Oxford-Street—I have known the prisoner about three months—I have had money transactions with him—he represented himself as a fruit-salesman—about the 4th of August, he brougth me a bill for 16 l . 14 s . 6 d ., drawn on Mr. Laurence—(I had discounted one before for him)—I asked him who Mr. Laurence was—he said he was a pastry-cook, in Oxford-street, and he sold fruit to him; and afterrwards brought a second bill from the same person, I said he was carrying on a strong trade with Mr. Laurence to have another bill on him so soon, and I must make inquiry about it, if he would call to-morrow morning—he left the bill with me I did not discount it—I took it to Mr. Laurence and showed it to him, and sent for Webster, the officer, to be ready when he was to come for the money—he said he had done a deal of business for Laurence, and he owed him a good deal of money—when he came next morning I had Webster there, and when I introduced him to him, I told Webster, in his presence, he had brought me that bill, which was a forgery; and I showed him the other bill, which ws for 18 l .—Webster told him he was in his custody. PHILIP WEBSTER . I am an officer. I was sent for, and went into Mr. Semple's counting-house—he brought the prisoner in—then opened his pocket-book, and produced the two bills—he said, "Are these bills Mr. Laurence's own writing"—he said, "Yes, they are, both of them"—Semple said, "I have seen Mr. Laurence, and he denies any knowledge of the bills, or their being his hand writing; that being the case, they must be forged; will you go with me, and see Mr. Laurence?"—he said, "I will"—I then said, "I am an officer, and you will consider youself in custody"—he said he was aware I was an officer—I took him to Laurence, who was not at home and I took him to the office. ALEXANDER SEMPLE cross-examined by MR. DOANE . Q. Are you a bill-broker? A. I discount a good many bills—I do not call myself a bll-broker—I do not discount to a large amount. Q. What discount did you get from this young man? A. I do not know that it has any thing to do with the proof of the forgery—as near as I can recollect, I think I took a couple of pounds of him—the bill was for 18 l . 5 s ., at three months after date ( bill read. ) WILLIAM CRAIG LAURENCE . I am a confectioner, and live at No. 158, Oxford-street. I have known the prisoner from a child—he has received 5 l ., 10 l ., and 20 l . in money from me, as the agent of his father—the ac ceptance to this bill is not my writing—I know nothing about it—it is not drawn nor accepted by my order, nor consent. Cross-examined. Q. The bill is not in the name of William of Craig? A. No; I cannot say how many Mr. Laurences there are in Oxford-street—I know no other confectioner of that name, there may be—there are about five-hundred houses in Oxford-street—I have known the prisoner all his life as a respectable man. ALEXANDER SEMPLE re-examined. He said it was accepted by Mr. Laurence, a confectioner in Oxford-street—I know no other confectiones of that name. (Charles Nevitt, gardener, of Turnbam-green; John George, cheese monger, Chandos-strret; Ann Lizard, Ivy-lane; and William Pullen, salesman, Covent-garden, gave the prisoner a good character.) GUILTY . Aged 23.— Transported for life .— Recommended to mercy by the Jury on account of his character, and the Prosecutor's taking so large a discount. 1868. JAMES SHORT was indicted for stealing, on the 28th of July , 68 check-springs, value 3 l . 2 s .; 4 bell-carriages, value 2 s .; 1 handkerchief, value 1 l .; 2 files, value 1 s . 2 d .; 1 pair of plyters, value 2 s .; 1 tea-caddy, value 9 d .; and 2 images, value 1 s .; the goods of John Linton . JAMES HAYWOOD ( police-constable G 173.) On the 28th July, at two o'clock in the morning, I was in Golden-lane—I saw the prisoner there; he fell down, and his hat fell off—he got up again, and walked off—I followed him, and found a tea-caddy under his arm, and these springs in his bat—I found one file on him, and my brother officer found another—we took him to the station-house, and the inspector let him go—soon afterwards the prosecutor came, and made a complaint—we went after the prisoner, but could not find him—I went back to the place wher he fell down, and found this one check-spring. Prisoner. Part of the things I had were my own, and part the New River Company's who I work for. Witness. When I took him, he said he had had these things twelve months—after I took him the second time, he said he had them for a debt that day, from Wellington-street, where he was removing goods. GEORGE TINDALL ( police-constable G 43.) I produce a number of springs, given to me by the prosecutor—I was with Haywood that morning, and saw the prisoner fall down—I found this small spring just over the threshold of the door, where his hat fell in Golden-lane—that is about one hundred yards from the prosecutors's house. JOHN LINTON . I live in Golden-court, Golden-lane. I lost, on the 28th of July, two files, five dozen and eight check-springs, one pair of plyers, and some other things—I have only found this bell-carriage, which was in the privy—I had left all this property tied up in a handkerchief, and my tools were on the bench; and when I came home there were a great many missing, and the rest scattered about—I was kicking up a disturb ance with the people in the court, when these two policmen came, and asked what was the matter—I told them I had been robbed—they said thay had taken the man to the station-house, and let him go—I made these check-springs myself—it was about half-past two o'clock at night, when I discovered my loss—the door was wide open, the candle was alight, and the cupboard door was open—I missed two images, a tea-caddy, and all the articles stated. SARAH LINTON . I am the prosecutor's wife. I went with him to a raffle, and we returned at half-past two o'clock—the tools had been in the rack, and the images on the mantel-piece—I left the door ajar, and the candle burning—when we returned, the property stated was missing. Prisoner's Defence. The peoperty I had in my handkerchief belonged to the New River Company—they were wires which we put into pipes—the two articles produced by the officers I never had in my possession. GUILTY . Aged 32.— Transported for Seven Years . 1869. SARAH HAYNES was indicted for stealing, on the 12th of Au gust , 1 candlestick, value 1 s . 6 d ., the goods of James Bailey . JAMES BAILEY . I live in Lucas-street, Bethnal-green, and am a silk-weaver. The prisoner was in the habit of charing for us for five years—I saw her in the back-room, on the 12th of August—I went out, and on my return, in consequence of what my wife said, I went after the prisoner—I found her at the Flower Pot, at the corner of Church-street—I saw her shuffling about—I then found my candlestick in the lap of another woman, who sat there—the woman said the prisoner gave it to her to hold—the prisoner said my wife had lent it to her. ZACHARIAH BAKER ( police-constable H 95.) I took the prisoner, and this candlestick. ANN BAILEY . I am the prosecutos's wife. I did not lend this to the prisoner, nor anthorize her to take it. Prisoner's Defence. I was in great distress; my husband was then dying in the workhouse, and he is now dead. GUILTY . Aged 44.— Recommended to mercy . — Confined Six Days . 1870. JOSEPH ANDERSON , JAMES PEPLOE , and WILLIAM NELLIS were indicted for stealing, on the 30th of July , 40lbs. weight of Bullock's offal, value 3 s ., the goods of Henry Thomas Woods . MR. CHAMBERS conducted the prosecution . HENRY THOMAS WOODS . I am a tripe-dresser. The slaughter-house which this offal was in, is in Newport-market; it is Mr. Dineley's; his agent is Mr. English—I have agreed with him for a great many years, for all the middle gut of the beasts which are killed there—the butchers pay so much for killing there, and he sells the offal—the prisoner Anderson was in my service—he goes to the slaughter-house, and they deliver the offal to him as my servant—he was not regularly employed by me, but on certain oc casions, when it was not convenient to send my man—I had set persons to watch on the 30th of July, and went there myself soon after the prisoners were taken—I saw the gut in Nellis's cart, with the tub turned down upon it. Cross-examined by MR. MAGUIRE . Q. Does any body else deposit things there? A. Mr. Dinely's men kill there for the butchers, and I con tract for the middle gut of all the beasts that are killed there, and have for twelve years—the men have the running gut—there is a tub for mine, and a tub for the others. Re-examined. Q. You found some middle gut in the cart? A. Yes; and the tub was turned down upon it—their gut was in the cart. THOMAS SOPER ( police-constable F 52.) On the 30th of July, I was watching near the slaughter-house. I saw the prisoners there—Peploe came first with a donkey-cart, with the name "W. Nellis" on it—he drew it up to the New Market—the donkety's head was facing the common slaughter-house, and it was near some sheep slaughter-houses—after he had done that, Nellis took a tub out of the cart; it was then empty—they took it into the commone slaughter-house where the beast are killed—they came out with running gut in it—they shot that into the donkey-cart—Nellis walked away round the corner, after he had stood looking about—Peploe stood near the donkey-cart—just after Nellis went away, Anderson drove up with Mr. Wood's cart—I saw Anderson, and a boy in company with him, go into the slaughter-house, and bring out tub of middle gut and when they came out, they beckoned to peploe, who crossed over to Anderson, and took the tub of middle gut, and threw it into the donkey-cart, and left the tub over it in the front of the cart so as to cover them closely—I cannot say where Nellis was while this was doing; but when I went up to the cart, he came out of a slaughter-house, where they slaughter the sheep—I do not know whether Anderson and the other boy took the tub into the slaughter-house, but I saw them bring out the same tub—I went up to Nellis's cart—in a minute after I had seen this Nellis came out of the sheep slaughter-house, opposite where the cart was—I took them both into custody, and the boy that assisted Anderson—Nellis said he did not authorise his boy to take any thing of the kind—he could have seen what was done; but I cannot say whether he did—I have been a butcher—I am quite sure that which was brought out was middle gut. Cross-examined. Q. Did you know what Nellis was? A. I have heard he keeps a boiling-house—the tub was so full he could have seen what it was—I could tell at ten, or twenty, or fifty yards off—I was standing in the public-house, looking through the window; not ten yards off—there was no thing else in, because I examined it all carefully—there was nothing but mid dle and running gut—the running gut was thrown in first, and the middle gut last, and the tub on it—the offal consists of the middle and running gut—in some slaughter-houses they are all thrown down together. Re-examined. Q. At the time the running gut was placed in, Anderson had not arrived? A. No; the running gut is slimy, and the other is thicker and fatter. JAMES WILSON MITCHELL . I was with the policeman on the 30th of July—I have heard his account, but there is one thing which I think he did not see: upon putting the first quantity of gut into the cart (which was shot into the back of the cart,) they put the tub on the stones; then when Wood's cart came up, peploe heckoned to Anderson, and pointed to the tub; he then went in and brought out two quantities, and put it into Mr. Wood's cart; the third tub he brought out, he put on the stones, and beckoned to Peploe, who came and put it into the cart, and turned the tub over it—that was after Nellis was gone—if he was looking he could have seen them—we went and took the direction on the cart, "W. Nellis, Vine-street." COURT . Q. Had Andetson a tub of his own? A. I cannot say; but on the day brfore Anderson came, and took a tin and put it into Wood cart—there was a much greater quantity in the third tub than in the other two—because I could not see it from the top of the tup, but the other I could. GEORGE FRASER . On the 30th of July, I was at the slaughter-house in Newport-market—Anderson came and asked me, in Guildford-street, if I would come in and have a ride—I went with him till we came to Newport-market, and Nellis' cart was there; he called out to Peploe, and asked him to lend him his tub; he said, "I shall not land it to you, you broke my tub before when I lent it you"—he afterwards brought it over to him—I was sitting on the cart, and Anderson asked me to come and help him out with them, and he brought out two half—tubs full, and than he fetched out the third tub, and that bad a great deal more in, than the other two; then he said to me, "Oh, I have got more then I ought to have, half belongs to this other man," and than he beckoned to Peploe, who came over and took the guts off the curb-stone, and chucked them into Mr. Nellis' cart—Anderson had no tub. JOHN ENGLISH . I am Mr. Dinely's superintendent at the slaughter-house—Mr. Dinely is entitled to the middle gut of all the beasts killed there—I never gave authority to any one to take away any gut—I never in terfere with that. Cross-examined. Q. There are other guts in these places besides this middle gut? A. Yes; they belong to the butchers. COURT to H. T. WOOD . Q. What was the value of this middle gut? A. The least value was 3 s .—I use it prin cipally for dog's—ment; beside which a good deal of fat comes from it; I supply them with a tub to carry it out with—I do not know whether he took he took it that day. Anderson's Defence. He never allowed me any tub to go out with the cart. Peploe. How could that tub be full when it was broken? Nellis. These guts are warm, and will not stay in this tub, being broken—Anderson broke my tub, and he gave my man these two or thme guts for having broken it—I did not want these guts, as I was destroying and burying guts every day. NOT GUILTY . 1871. JOHN DONOVAN was indicted for stealing, on the 12th of August , 1 leaden cistern, value 15 s ., the property of James Furnivall . JOHN CAWTHERY LONDGE —I live in Boar's-head-yard, Whitechapel—on the 12th of August, between ten and eleven o'clock, I saw the prisoner come up the yard—Mr. Furnival's shed ✗ at the end of it—I did not see him go into the shed nor come out—I saw him with a cistern, because a man told me to look and see how he carried it—it was cracked down the front of it. HENRY FROST . I am a tobacco-pipe maker—I was in the yard—I saw the prisoner with a leaden cistern on his shoulders when he came out of the shed—I belive the prisoner to be the man—he has the appearance of it—I never saw him before, but I observed as he passed me that his trowsers were turned up. JAMES FURNIVALL . I am a broker. I have a shed in Boar's-head-yard—I had scistern there—I saw it safe in the morning, and missed it in the afternoon—the prisoner worked for me several times—one Conolly was charged with this, but acquitted—it was said he was seen by some of the neighbours to go and unlock the door, and take this man and employ him to carry it—Conolly had worked for me a week before. THOMAS GRANT ( police-constable H 76.) I apprehended the prisoner—he said he knew nothing about the charge—when he was in the passage at Worship-street, he called his master, and said, "Do not say any more about it, I will come and work it out." JAMES FURNIVALL . He did say sooner than there should be any bother about it, he would come and work it out; but he said he knew nothing about it. JOHN CAWTHERY LODGE re-examined. I am quite satisfied he was the man—I spoke to him, and I saw it upon his shoulder—I had not seen the cistern in the shed—when Mr. Furnivall spoke to me about it, I said, "Do not make a noise; it was your own men; it was Jack Donovan, and old Tom, and Conolly." JURY . Q. When you said "Halloo, Jack," did he make any answer? A. No; when he carried the cistorn, I did not see his face. HANRY FROST re-examined. Q. Have you any doubt that the pri soner is the man who had the cistern? A. I believe he is; I could not swear to it—I did not observe his face. NOT GUILTY . 1872. GEORGE TAYLOR was indicted for stealing, on the 31st of July , 1 handkerchief, value 1 s ., the goods of William Wood , from his per son. WILLIAM WOOD . I live in Dean-street, Soho, and am an attorney. On the 31st of July, I was walking in Bow-street, Covent-garden—Mr. Har rison came to me—I put my hand to my pocket, and missed my handker chief—I had just before that observed the constable stop the prisoner—two handkerchiefs were taken from him and one was mine. JAMES HARRISON . I live in Long-acre. I spoke to Mr. Wood, in Bow-street—I was at my Printing-office in the neighbourhood—I could see what passed—I saw the prisoner near the prosecutor's person—I saw him deliberately draw his handkerchief from him—the impression on my mind was, that it was not done felonioulsy, but from a trick—the handkerchief was drawn out half a yard before he rolled it up—I went out to lay my hand on him—he bobbed down, and jumped up, and run down the whole length of Bow-street—I never saw any one run so fast in my life. Prisoner. Q. Was your window up or down? A. I saw through the glass of the window, but it was partly up—I knew you by the glance I had of you, in the first instance—there were other persons passing. HENRY LAKE ( police-constable T 103.) I assisted in stopping the prisoner—he fell dowm on his hand—he got up and run again so fast, that I could not catch him till some persons stopped him—I said, "You are accused of stealing a handkerchief"—he said, "I have one which is mine"—he gave me his own, from his pocket, but I saw this in his trowsers pocket, and took it. Prisoner. Q. was not you more likely to see me than that man up stairs, when you was passing the end of the street, not half a dozen yards from me? A. I cannot say what distance I was—I ran when this gentleman told me of it. Prisoner. There is no mark on it—the prosecutor could not swear to it—it was marked at the office. WILLIAM WOOD . I thought there was a mark on it, but there was not—I am sure it is mine—it is dirty with wiping the dust from my shoes. Prisoner's Defence. I did not run till I heard the cry of, "Stop thief!" and saw several others running—I jpicked up the handkerchief. GUILTY *. Aged 19.— Transported for Seven Years . 1873. WILLIAM GRIFFIN and GEORGE WATSON were in dicted for stealing, on the 8th of July , 7 1/2 yards of stair-carpet, value 8 s ., the goods of Simeon Brown . EDMUND DAVIES ( police-constable E 74.) On the 8th of July, about twelve o'clock at night, I saw the prisoners in Broad-street, St. Giles's, with two women—one of the women was carrying this carpet, wrapped up in an apron—Griffin took it of her, and then he handed it to Watson—I stopped Watson and one of the women—Griffin walked away—I asked Watson what he had got there—he said he did not know, but a man gave it him, to carry to the Saracen's-head, Aldgate—I asked him if Griffin was the man—he made no answer. Cross-examined by MR. MAGUIRE . Q. He walked leisurely; he did not resist? A. He walked; he did not run. ROBERT CURTIS . I was shopman to Mr. Simeon Brown; he lives in Holborn. I am certain this stair-carpet is his property—it was lost between nine and ten o'clock that evening—a man who is not present gave us the informataion. Cross-examined. Q. Is there any mark on it? A. No; but I can recog nize it by its being discoloured by being shown to persons. COURT . Q. What was the quantity you lost? A. About the same as this—it had gone through my hands every morning for a month previ ous to its being stolen—there was a ticket on it; but that is gone. Watson's Defence. I went into a public-house, and had some porter—I staid there till eleven o'clock—a gentleman asked me to carry that bundle to Whitechapel, and he gave me sixpence—as I came down to Museum-street, I met Griffin with the two females—we went back, and had two half-pints of rum—I was then going on, when the officer took me. Griffin's Defence. I only came to England in January, and have been living on my pay—I met Watson in Holb orn. at the corner of Plumtree-street, and went back to have something to drink. (William Dorkin, of the Green Man and Still, and—Jefferys, clerk at the Bull and Mouth inn, gave Griffin a good character.) GRIFFIN— GUILTY . Aged 24. WATSON— GUILTY . Aged 24. Transported for Seven Years . 1874. JOHN NICHOLAS SPENCER was indicted for stealing, on the 14th of July , 4 shirts, value 7 s . 6 d .; 4 stockings, value 2 s .; 1 apron, value 6 d .; 1 night-cap value 6 d .; and 1 pillow-case, value 6 d .; the goods of John Johnson . JANE JOHNSON . I am the wife of John Johnson, and live in King David-lane. I missed these things from my wash-house on the 14th of July—I had left them there the night before. HANNAH BATTS . I am eleven years old. I live in King David-street—one morning, about a month ago, my father sent me to see what time it was, and I saw the prisoner near Mr. Johnson's gate, and another person was in side—the prisoner was near the wash-house—he said, if did not go in. he would kick my guts out, and he made a wicked name at me—I told Mrs. Johnson what I saw. Prisoner. I never saw her, the prosecutor's sister ran over to her, to tell her to say I was one of the lads. Witness. No, she did not. SARAH OWEN . I am the prosecutor's sister. On the morning of the 17th of August, I was in the back-room, adjoining the shop—the prisoner and ano ther boy came by—the other boy, who was taller than the prisoner, came in—I went to speak to him, and asked if he had told the butcher about the things being stolen—the prisoner came up and I saw that he had got my bro ther-in-law's shirt on—he said, he bad had it six months—and then he said, he had bad it seven months—I know the shirt by the marks on it—it is one my brother-in-law had an accident with, when 6 cwt. fell on his back. Prisoner. It got that mark on it when I was carrying some iron, and there is a slit down it, which I sewed up with black thread. Witness. This is the tear which it got when my brother had it, but the black thread was not there then; I had washed it after my brother met with the accident. WILLIAM BOBBES ( police-constable K 253.) I found the prisoner last Monday with Owen—I gook him, and took this shirt from his back. Prisoner's Defence. The shirt was given to me by Ellis Ladd, whose father is captain of a ship. GUILTY . Aged 15.— Conbfined Three Monthe . Sixth Jury, before Mr. Common Sergeant. 1875. AMELIA CHAPMAN and GEORGE CHAPMAN LINK were indicted for stealing, on the 7th of April , 2 decanters, value 3 s .; 2 looking-glasses, value 20 s .; 1 miniature, value 1 s .; 3 pillows, value 12 s .; 1 tea-caddy, value 10 s .; 4 blankets, value 1 l .; 1 bolster, value 5 s .; 3 sheets, value 8 s .; 4 napkins, value 1 s . 6 d .; 1 table-cloth, value 4 s .; 1 set of fire-irons, value 5 s .; 3 quilts, value 10 s .; 1 coal-scuttle, value 6 s .; and I tea-kettle, value 2 s .; the goods of James Shew . JAMES SHEW . I live in Clarendon-street, Somers'-town. I let a lodging to the female prisoner—the man came afterwards—they repre sented themselves as husband and wife; and staid from the 24th of December till the 8th or 9th of April, when the man went away—I missed the articles, but not all at once—the woman expressed great surprise—she said, "It is not me; it is those thieves that are gone out;" meaning the man and her servant—twenty-five duplicates were found in the room, and they came into my hands. Cross-examined by MR. PHILLIPS . Q. How long did the female prisoner lodge with you after she said part of the property was pledged? A. I believe a day or two—she laid it on her husband and the servant—I can not be positive whether she said that they had been pledged through distress—she gave me up the duplicates, or I took them—I should not have known where they were if she had not told me—I went to Hatton Garden-office, and to High-street about this, but I had not the man in custody then—they were taken coming out of the House of Correction. Q. Did you take nothing but the duplicates from this woman? A. I have no knowledge of taking any think else—I do not know what I could take after the man went away—she inducel me to go four times to Pic cadilly—I made her go with me the fourth time, and a gentleman gave her 2 l ., which she handed to me when I got home—I went home in a cab with her—she paid 2 s . for the cab . Q. Did you return her 6 s . with the knowledge that these things were pledged? A. I forget whether it was 6 s . or 8 s .; it was less than 10 s .; I keep a lodging-house—I do not know that I let lodgings by the night—I will not swear I have not. NOT GUILTY . 1876. JOHN HAVERS was indicted for stealing, on the 15th of August , 1 crown, and 1 half-crown, the monies of Edward Jackson Hastler and another, his masters. 2nd COUNT , for embezzlong seven shillings and sixpence, the monies of his said masters. EDWARD JACKSON HASTLER . I live in St. Paul's Church-yard, and an a liven-draper, and have one partner. On the 15th of August, we market one crown, one half-crown, four shillings, and two sixpences; and about a quarter of an hour afterwards, I asked the prisoner, who was in our employ, what he had sold—he said he had sold a cape for seven shillings—I went to the cashier, whose duty it is to receive money, and found he had paid him se ven shilling—I then went to my friend, who I had solicted to go to the shop, and found he had purchased two collars for fourteen shillings and sixpence—I then went to the prisoner, and told him to produce what money he had—he first produced some halfpence, and then reluctantly produced a crown-piece and a half-crown, which I had marked, and given to a gentleman to purchase goods at my shop—these are the monies I had marked. Cross-examined by MR. PHILLIPS . Q. Was he allowed to take change for a sovereign of his own? A. He had no business to do so, except in the absence of the cashier—he was not authorised to have access to the till—I had at that time the prisoner and the cashier in my service, but others might have access to the shop. COURT . Q. How long time had elapsed between your marking the money and your asking the prisoner about it? A. About an hour—it was about a quarter of an hour after the gentleman purchased the articles that I spoke to the prisoner. WILLIAM JOSEPH SEARS . I received the money from the prosecutor, and paid it to the prisoner for two collars—I paid eight shillings and six pence for one, and six shilling for the other—I paid him this crown, and this half-crown. RICHARD JOSLAND . I am cashier to the prosecutor—I remember the prisoner coming and giving me seven shillings for one collar—I had quitted the desk after that, and gone into the other shop. Cross-examined. Q. Had you searched the till that morning. A. No: I had looked at the book, but I connot say what amount was in it—I searched the till in the evening—there was copper, silver and gold in it—I connot say what coins. NOT GUILTY . 1877. SAMUEL PECK was indicted for stealing, on the 12th of Au gust , 1 watch, value 5 l .; 1 watch-chain, value 4 l .; 1 split ring, value 5 s .; and 1 watch-key, value 2 d .; the goods of Edward Russell Greaves ; and WILLIAM WHITE RICE was indicted for feloniously receiving the same, well knowing it to have been stolen, against the statute. EDWARD RUSSELL GREAVES . I live in Goswell-street-road. On the 12th of August, I went to the Metropolitan baths at seven o'clock in the morning—I saw the prisoner Rice there—I paid him, and then I un dressed and bathed—when I went away, I missed my watch—I went back, and saw Peck—I told him I had lost my watch—he advised me to look round the baths for it—which we did, but could not find it—we then went into the next room, where Rice was—he came and looked, but could not find it—Peck then asked my address, and the number of my watch, which I gave him—he said a number of valueable things were left there, and they kept a book to enter them in—I said if they delivered me my watch, I would give 2 l .,—I went home, and returned in about an hour—I asked Rice if he had found it—he said he did not know, he would en quire—he opened a door, and called Peck—who said they had not found it—I repeated the reward, and left—a friend advised me to take a police man, which I did at five in the evening—I then saw Rice—I told him I was the person who had lost the watch in the morning—he said he knew I was—the policeman then asked if Mr. Peck was in—he said he was not, he was gone to the City—the policeman then saig he should take him into custody—he said he need not do that, for he had watch, and produced it from a drawer. Cross-examined by MR. CLARKSON . Q. Did you not make this entry of your name and address, and the number of your watch at Mr. Rice's instance? A. Yes; I helive I learned that it was customary to place in a drawer in that room, such goods as were found—I belive he said on the evening, "You need be under no alarm about you watch, it has been produced to me, and here it is." Cross-examined by MR. CLARKSON . Q. Did he not say, "Here is your watch, it has been brought by Peck?" A. I belive he did—there is a notice put up, that goods left there shall be taken care of. NOT GUILTY . 1878. ROBERT BRUCE was indicted for stealing, on the 5th of August , 1 coat, value 3 l ., the property of William Dodds . WILLIAM DODDS . I live at West-ham. On the 5th of August I went in my chaise to Highbury-park and I left my choise, with my coat in it, in care of a boy—I received information, and came out—I missed my coat—I afterwards saw it—here it is. THOMAS BOARD . I live in Pocock's-fields. I saw the prisoner pass me with this coat—I heard a cry of "Stop thief!"—he threw the coat down, and I took it up. WILLIAM PEACOCK . I heard the cry of "Stop thief!" and saw the prisoner running with this coat on his arm, about there o'clock. Prisoner. It was thrown on my shoulder by a boy—I heard a cry of "Stop thief!" and threw it down. (Thomas Bright, of Leonard-street, gave the prisoner a good character.) GUILTY . Aged 16.— Recommended to mercy. — Confined Six Months . 1879. JOHN FIELD was indicted for stealing, on the 26th of June , 1 plane, value 4 s .; and 3 gouges, value 3 s .; the goods of James Dangar and another, his masters. JAMES DANGAR . I am a carpenter, and live in Great Portland-street. I have one partner—the prisoner worked for us; he came in April last—this is my property. JAMES ALDOUS . I am a pawnbroker. I took in this plane of the prisoner. Prisoner. I did it through distress; I had been fourteen months out of employ—I have a wife and three children. JAMES DANGAR . I paid him 5 s . a day, and he took a great many things from me; twenty-seven duplicates were found on him. GUILTY . Aged 29— Confined Six Months . 1880. THOMAS SMITH was indicted for stealing, on the 19th of August , 1 pair of trowsers, value 10 s ., the goods of George Everingham . ROBERT JOHNSON . I am shopman to Mr. George Everingham. He is a hosier—he had a pair of trowsers hanging inside his door, on the 19th of August—I heard a sucffle; I went out and saw the prisoner—Fryer was pushing him into the shop—these trowsers fell from him. Cross-examined by MR. MAGUIRE . Q. Were there many other things there? A. Yes; these could not have fallen down, as three waistcoals were unpinned. WILLIAM FRYER . I was passing by accidentally—I saw the prisoner conceal a pair of trowsers under his coat, which I knew to be improper—I took him into the shop, and these trowsers fell down. Prisoner's Defence. I happened to look at some shirts—there was ano ther young man looking there—these trowsers were close by, and the wit ness said I had stolem them—he pushed me into the shop. GUILTY . Aged 26.— Confined Three Months . 1881. HENRY BRADSHAW was indicted for stealing, on the 20th of August , 1 bag, value 2 d .; 1 half sovereign; 3 half crowns; 1 shilling, and 1 sixpence; the goods and monies of Joseph Weare . JOSEPH WEARE . I am a gentleman's coachman. I lodged at the Cock and Lion, in Wigmore-street—I was in town with my mistress, on the 20th of August—I had in my jacket pocket, a canvass bag, containing this money—I pulled off my jacket and hung it on the screen in the kitchen—I saw the prisoner go into the kitchen in a few minutes, and he went away directly—I then went to the jacket, and my purse and money were gone—I went after the prisoner, charged him with it, and took the bag and money out of his right hand. Cross-examined by MR. PAYNE . Q. What part of the kitchen were you in? A. I was in the yrd, cleaning my shoes—I had seen my money safe just before I hung the jacket up—the prisoner said he picked the bag up—I could not say that he did not—it might have dropped out—he did not make any resistance—he had alittle child with him—he went into the kitchen to light his pipe—I believe he was at work in a stable. Prisoner's Defence. I picked it up on the floor—before I got across the bar he came and took it from me. NOT GUILTY . 1882. JEMIMA FRANCIS was indicted for a misdemeanor. NOT GUILTY . 1883. JOHN NORTON was indicted for feloniously killing and slay ing Hannah Norton . JAMES DUNCAN . I am house-surgeon of the London Hospital. The deceased was brought to our hospital between six and seven o'clock on the evening of the 2d of August, quite intoxicated—she had two triffing bruises, one on each leg, one on the chest, and a slight wound of the scalp on the left side; another on the lip, and a fracture of the lower jaw, on both sides—I paid attention to her, and she went on very well till the evening of the 6th, when she became very restless, and during the course of the night, delirious; and died on the 7th, at noon—she was con scious that she was in extreme danger for two or three days before she died—I did not hear her say that she should die—after she was dead I examined the body—as far as I could judge, her constitution was broken from drinking—I am not enabled to say what was the cause of her death—from the appearances on dissection, I believe it was from the constitu tional disturbance. occasioned by these blows, and the shettered state of her constitution—that is the only way we can account for her death; but I cannot say positively that the blows did cause her death—the anger and irritation of the moment, added to her bodily state, might have caused her death—she might possibly have recovered if she had been in a good state of health—there was no mortification of the wounds. ANN M'CARTHY . I am a widow. I knew the decessed, Hannab Nor ton for about five years—she got her living in the streets, by selling fruit—I knew the prisoner about the same time—he got his living by por tering—I lived next door but one to them, in George-Yard—between three and four o'clock on Sunday afternoon, the 2d of August, I was in my own house, I heard a noise for a good bit, but I thought I would not come out, as they were frequently quarrelling—I could ascertain by the voice that it was Norton and his wife—she has a daughter by her first husband—when I came to the door I heard Mrs. Norton cry out—I should have gone to their door, but they are rather desperate—I listened at my door—the daughter came down with a jug in her hand, and stood at the door—she shut the shutter too—I stood there, and heard her say, " Mike, come down and open the door, I cannot get in"—that is a man she cohabits with—they live down stairs, the father and mother live up-staire—I heard Norton's voice—I saw them at eleven o'clock—they were not drunk then—I saw no more of her after that—I did not see her when I heard the noise—I believe she was very much given to liquor—I often heard her husband scold her for being drunk—he sometimes beat her when she was not drunk. Cross-examined by MR. PAYNE . Q. Have you not often seen her drunk? A. Yes; and heard her husband scold her, and when she was not drunk. MARIA CUBBAGE . I Live nearly opposite—I saw Mrs. Norton at a quar ter past eleven o'clock—she said she had put Mike, her husband, and all the rest, to bed, very drunk—she said she had afew halfpence—she would go and get something to drink—I went with her. ANN WILSON . I am married, and live four doors from the deceased. I saw her that Sunday at one o'clock—she came into my room—I believe she was sober—she had a mug in her hand, and was going out—I never saw her afterwards—I heard the screams during the quarrel—I heard no one's voice but her own. MARY ANN FROMER . I live within five houses of the prisoner. I saw the deceased on Sunday morning, between nine and ten o'clock—she was taking a little rum—she was then in good health—I never saw her again—I cannot say that she was tipsy at the time—I did not speak to her—I heard the screaming from her own room. I heard her husband's voice, but did not understand what he said—as I do not understand the Irish tongue. BRIDGET WELCH . I live at Islington. This house is in George-yard, Islington—the deceased was my mother—I live with a young man—the pri soner was my mother's second husband—I heard nothing till my brother Thomas brought my mother in—she was all over blood—her mouth was hanging down, and she said her jaw, she believed, was broken—she laid on my bed, and asked me for something to drink—she said she would take half-a-pint of warm beer; which we gave her—I did not feel her jaw—she was about half-and-half—she had had a good drop—I went for the doctor, and she was taken to the hospital—she walked up to the coach to the end of the court—I lived in the same house—I went in about half-past eleven o'clock that day, and did not come out any more—I did not hear any noise, except a few words that passed in the morning. Jury. Q. Was you up or in bed? A. I was in bed—I had drank a little that morning—the deceased was very much given to drink—sometimes two or three times a week—her husband scolded her about it. MR. PAYNE . Q. Had you seen them fight? A. Oh, yes; she always used to return it. THOMAS NORTON . I am the prisoner's son. On the Sunday in ques tion, I left them having their dinner—they were not peaceable; say father and mother were both tipsy—I went to Hornsey to bathe, and returned at a quarter-past four o'clock in the afternoon—I found them both in bed and asleep—I went out, and returned in a quarter of an hour—my mother was sitting up, with her hand to her jaw—I asked her what was the matter, she told me to come and feel—I felt, and said, "Your jaw must be broken"—she said, yes it was—I took her into my sister's room—I then took her into my room—my father was asleep all this while—he as sisted her down stairs, when I awoke him—she said they had had some words, and he struck her—she was drunk—he appeared very sorry, and as sisted her. Cross-examined. Q. When you returned, the second time, you found your mother sitting up with her hand to her jaw? A. Yes; my father had not been awake in that time—so that what was done must have been done before then—she was very much given to drink, and very aggravating—I do not know but that she might have fallen. EMMA PARISH . I am a nurse at the hospital. The deceased came in on the Sunday—she had a broken jaw—she had every attention paid her—she expressed herself as believing she was in danger—on Thursday she said she thought she should not live—she said her husband had broken he jaw—I saw her when she came' she had been drinking. Cross-examined. Q. Did she not say it was as much her fault as her husband's? A. No; she did not say they were both intoxicated—a clergy man saw her—I was backwards and forwards. MR. PAYNE to THOMAS NORTON . Q. When you awoke your father, what did you say to him? A. I said, "I want some money for a coach to take my mother to the hospital; do not you know that she and you have had some words"—he said he did not know any thing about it—but he expressed great sorrow. BRIDGET HACKET . I live next door to the prisoner. On the Sunday, about ten o'clock, I saw the prisoner push the deceased in doors—they both appeared to be in liquor—I never saw him strike her—I went out, and returned at ten o'clock, and I heard her cry; but we did not notice that, because when in liquor, she very often made these noises—I be lieve she was exceedingly intoxicated—about three o'clock, I heard a groaning, not so loud as she usually used to cry—they did not quarrel often. Cross-examined. Q. When she was drunk, she was not very peace able? A. No; she did not make use of her hands, but her tongue in general. ( police-constable E 102.) I apprehended the pri soner on the 7th—I said, "It is for ill-using your wife"—after going out he said, " I done it, but I done it fighting. " Prisoner's Defence. I have no recollection of it. GUILTY . Aged 50.— Confined One Year . Third Jury, before Mr. Recorder. 1884. JACOB MYER LEVISON was indicted for that he, on the 31st of July , feloniously did forge a receipt for money; to wit, for 89 l . 13 s . 8 d ., with intent to defraud William Henry Stephens .—2nd COUNT , for feloniously uttering, disposing of, and putting off, a like forged receipt, well knowing it to be forged, with a like intent—Two other COUNTS , stating his intent to be to defraud Charles Bosanquet , Esq., then being president of a certain society or partenership, Called the London Life Asso ciation. MR. CLARKSON conducted the Prosecution. (The prisoner representing that he could not understand the English language, the evidence had interpreted to him.) MARY CUSHEN . I was in the service of the prisoner—I kept the house for Mr. Clare, No. 5, Broad-street-buildings—the prisoner took and office there—he commenced on the 30th of April—I talked English to him quite sufficeint for him to understand me and I to understand him. Cross-examined by MR. PAYNE . Q. What kind of conversatioin did you have? A. Little things about the house, about the children, and the times—his wife understands English, and I have conversed with her—he has come down into the kitchen, and asked me the time in broken English—I have told him; he has said "Thank you, Madam"—he has said different things about the children—I have conversed with him for an hour or two, when he has had nothing to do in the yard—he has said several things about domestic affairs; sometimes he has had a difficulty in understanding—he has read the inscriptions on my pictures. WILLIAM HENRY STEPHENS . I am clerk in the house of Mortlock and Co.; they are china-men. Being in want of money, I put an advertise ment in the newspaper—I recieved this note early in July. (No.1.) MARY CUSHEN re-examined. I took care of the house, No. 5, Broad-street-buildings, for the landlord—the prisoner commensed lodging there on the 30th of April—I spoke to him and received answers in English—he, in a great measure, understands what is said in Court, not to ealowlate a word together when you speak fast—if you speak to him in a slow tone, and explain it, he would understand every work. Q. Had he a brother with him, a gentleman of the name of David Levy? A. Benjamin Levison was there—the prisoner told me that he was his cousin—the prisoner was master of the business; Benjamin acted as clerk, and told me the prisoner was a dealer. Q. Who was your master's tenant? A. The prisoner occupied the parlour—"J. M. Levison, "was upon the door; he had it put there, and paid for it—I never saw any business, but there was a round table, covered over with some papers on it, and some gentleman called but I never knew what business he carried on—he left the house, as near as possible, on the 30th of July—his rent was due on Tuesday—he came and took away a glass, table, and a sofa—he left the place on Tuesday night, 2nd of August. Cross-examined. Q. this other Levison acted as clerk, and the pri soner the master? A. Yes; gentleman came and asked for Mr. Le vison—I said there was Mr. Levison, and they said it was his clerk they wanted, and then Benjamin came out of the parlour to them—he slept there for a month—he was as much there as the prisoner for the last month—I have heard Benjamin called his clerk in his presence—he acted as his clerk and interpreter—I have heard him tell gentleman so, when he pretended he could not speak English—I have heard B. Levison communicate to the prisoner what persons have said—I never heard any person address the prisoner in English, and he answer them. WILLIAM HENRY STEPHENS re-examined. In Consequence of the letter, I applied to my brother-in-law, Mr. Chubb, to go to Broad-street, and gave him the letter—I afterward saw Benjamin Levison at Bernard's-inn—my brother-in-law, Benjamin Levison, and two other persons were there—this was the first interview I had about the money—I had heard from my brother-in-law what I was to do before I went there; and in consequence of that, I wrote aceptances to these four bills in blank ( looking at them ) and delivered them to Benjamin Levison, without any drawer's name on them—he delivered me this paper, without the writing across, "Received 20 l . on account, 31st July, 1835. T. C."—these words were not on it when I received it from him—the paper was brought ready written—I never authorized him or the prisoner to give any receipt for the sale of my policy—I never agreed to sell my policy or to cancel it—I only con sidered I was giving it as a security for the money I was to borrow—I never authorised any body to fill this paper up as it is—I put my name to the receipt, to enable chubb to receive the 150 l . THOMAS CHUBB . I am the prosecutor's brother-in-law—in consequence of what passed between us in July last I went to No. 5, Broad-street Buildings with this note, about mid-day—I do not recollect the day of the month—I saw the prisoner there and produced this note to him—I am positive I showed it to him as my introduction—he was sitting at a table, with some papers before him, writting—I spoke to him in English and be as swered me in English—I told him I had called in consequence of this note, which was directed to W.H., and then he called for Benjamin Levison—I had the letter in my hand when I told him so, and showed it to him—I said, in the presence of them both, that I had come from Mr.Stephens, who was the party that wrote under those initials, and asked the terms on which they would advance 150 l .—Benjamin answered me in the presence of the prisoner—he told me that for three, six and nine months they would advance the money at a bonus of 7 l .; and for three, six, nine, and twelve months, 10 l .—the prisoner appeared to be attending to what Benjamin said—he sat at the same table—Benjamin said that the prisoner was optician to the King of the Netherlands, and had a large sum of money to lend—that was all that passed on that occasion—I went again the following week, about the middle of July, and saw the prisoner alone—he called Benjamin in before I said any thing, and Benjamin, in his presence, asked if Mr. Stephens would give any further security; whether either of the refrees would be come a party to the bill—I had given them refrences before—it was agreed at this interview to give four bills—Benjamin Levison drew the form in the prisoner's presence for four bills at three, six, nine, and twelve months, for 40 l . each, the signature to be left blank—the prisoner saw the paper delivered to me—I cannot find it—I have looked for it, and believe it to be destroyed—the bills were drawn exactly from that form—when I was asked to give security I told him Mr. Stephens objected to give the refer ences as parties to the bill, but he had a life-policy which he would give as collateral security for the payment of the bills. Q. Did you say deposit or give? A. I said he would let them have, or give, or deposit—I said he would let them have it as a collateral security—I am sure I said as a collateral security for the payment of the money to be advanced—nothing further passed at that interview—the bills were to be drawn—on the 24th of July, I went again and saw both Benjamin and Jacob—at the two first interviews the prisoner asked me, in English, to sit down, and said, "Good morning, "and so on but he generally had Benja min, as his clerk, to transact the buisness for him—he attended to what was going on—he gave his whole attention to what was going on—Ben jamin spoke to him, while the conservation was going on, several times—he applied to him several times—on the 24th of July I took the four bills, previously accepted by Stephens, to No.5, Broad-street-buildings—the draw er's name was not then or them—I also took this policy of insurance—Ben jamin and the prisoner were both together on that occasion—I observed the prisoner write, from time to time, when I was there—I expected to receive the money on that occasion, and applied for it in the prisoner's presence for the 150 l .—Benjamin said the money was not ready—that he wished to know from his attorney whether the policy, without a deed of assign ment, was a collateral security—he said his attorney was Mr. Croft—he said, "We wish to ascertion from Mr. Croft, our attorney"—I believe he said he lived somewhere in the Strand—I am sure he said, "collateral"—on this occasion the prisoner did not communicate with Benjamin—he was sitting, and had a book in his hand, pretending to read—he did not appear to me to be reading—he seemed to look up as if he was watching what was going forward—I left the policy—I laid it down on their table—the prisoner was sitting at a little distance from the table at that time—Benjamin Levison opened the policy and read it—the prisoner did not come near to look at it or the bills—an appointment was made by Benjamin, in his presence, to meet that evening, at Barnard's-inn Coffee-house—I went there at the time appointed, and saw Benjamin there—Mr. Wormald and Mr. Stephens were with me—the bills were produced at this meeting—I had them myself—the drawer's name was not on them then—Benjamin did not bring the money with him—we stated that we did not wish to part with the bills till the money was forthcoming—he brought the policy with him, and he had a memorandum that he held that—this is the paper he gave me (No.2)—the name of Minter Hert was men tioned—I rather think it was by Wormald—he said, "I know there have been circumstances of persons losing their bills and securities too," and mentioned Minter Hart—Benjamin Levison said this was different, as Mr. Stephens had paid for the stamps himself—if he misappropriated them it would be felony—I delivered the bills to him, after he gave me this me morandum, without the writing across it—it was signed as it is now—"J. M. Levison"—I required Benjamin to put his name as a winess to the signature—he did so, and represented it as the signature of "J. M. Levison"—I have been to the prisoner's place, I suppose, a dozen times, altogether—I saw him write at his own place—at the Computer, and before the Magistrate—I have seen him write, perhaps five or six times, and be lieve the signature "J. M. Levison," to be his writing—I know Benjamin's writing—I saw him write his name to it—I believe this letter (No. 4.) to be the writing of the prisoner—This, "Received 20 l . on account," is Benjamin Levison's writing, and this note (No. 1.) is his writing—after this memorandum was given, we separated—Benjamin said they got the bills discounted at a lower rate of premium—that was the first I heard of their being discounted at all—on Monday the 27th of July, I went again to Broad-street-buildings, and saw both the praties there—Benjamin said he had not seen the attorney, but if I would walk with him, he would go with me, as it would be part of my way towards the West—I have no doubt the prisoner heard that—he was close to Benjamin—I was to walk with him to St. Clement's-church-yard—I do not recollect that the prisoner made any observation—the policy was then lying on the table, with the bills—the prisoner was sitting at the table with the policy and bills on it, and Benjamin said he would take the policy with him. Prisoner. I was on the sofa, and never troubled myself about the business at all. Witness. He sat on a chair at the table, and was attend ing to the business—Benjamin took up the policy, and went with me as far as St. Clement's-church-yard—when we got there, Benjamin requested me to wait at a coffee-house, while he went to the attorney—I did so—he returned, and said it would be necessary to have an assignment; and he would get the attorney to do it, and settle the business the following day—we parted—I went again the following day, and saw both the parties to gether at Broad-street—buildings—the prisoner was sitting at the table in the room, and the bills were in a large bill—case on the table—Benjamin took them out of the case, to show me that they were all right; and the policy was there too—he said the attorney had gone to Margate; and the assignment was delayed in consequence; and it was not made out—I had consented for a draft of it to be drawn, to be submitted to Mr. Stephens, or his attorney—it was to be assigned as a collateral security for the payment of the money—it was never mentioned that the policy was to be sold or parted with—I went again on Thursday, the 30th of July—the prisoner and Benjamin were both there then—Benjamin said that the money was quite ready; but it was necessary before I could receive it, to get a receipt signed in blank, by Mr. Stephens—as I was not the party, they would not pay it to me—he said, "We cannot pay, &c."—I offered, if the money was ready, to sign the receipt for Mr. Stephens; but he said it must be a blank receipt, with his signature, as Mr. Lewis, a stock-broker, who was to advance the money, was a particular man, and would have the receipt filled up in his own manner—no suggestion was made that the receipt should be used to make a sale of the policy and release the office from it—all this was said in the prisoner's presence—he was at the table, and the policy and bills before him, in view—I got this half-crown receipt-stamp signed in blank by Mr. Stephens—I took it in that state to Broad-street—I only saw Benjamin there when I went back—it was the same day—I delivered the receipt to Benjamin; and went with him to Lloyd's Coffee-house, to receive the money of Mr. Lewis, who Benjamin said was there—when we got there, Benjamin parted from me a few minutes; and when he returned, he said Lewis was gone, and would meet me next day—I asked him for the receipt-stamp, and he gave it me back—I went next day (Friday, the 31st) to the office in Broad-street, and saw both of them—I delivered the receipt-stamp to Benjamin, in the prisoner's presence—he saw me deliver it to him—I asked Benjamin for a memorandum, and he gave me this—( reads ) "Mr. Chubb has given me a receipt, which I will give him back, or the money; B. L."—he requested me to wait in the office until he came back, when he would give me the 150 l —the prisoner was there all the time—Benjamin was gone more than an hour or an hour and a half—I and the prisoner were talking while he was gone about what a fine city London was, he mentioned other fine cities on the Continent—he talked to me all in English, about the beauty of the English beef, over the beef on the Con tinent; and he mentioned some words which were similar in the English language to the French—such as table—I complained that Benjamin was gone a long time, and I hoped I should get the business settled to-day, and he said he hoped I should. Q. Was Benjamin gone long enough to go to the London Life Assurance, in Cannon-street, and back? A. Yes; considerably more—on his return he said he had been gone a long time, and aplogized for keeping me—but said Mr. Lewis was busily engaged with Mr. Ricardo, on the West India-loan, and he could not get to him to speak to him before—he said if I would wait about half—an—hour longer he would get the business completed—he then spoke to the prisoner in some Foreign language, and they went out of the room together—they were absent about five minutes or more—Benjamin was gone the second time a little more than half-an-hour, and brought me 20 l . on his return—I expected 150 l .—he produced the 20 l . in the prisoner's presence—I was surprised he had only brought 20 l .—he said in the pri soner's presence, as Lewis was so very busy he had got a cheque of 20 l . from him, and on the following day he would get me the rest—I said I hoped it would be finally settled then, as he had given me so much trouble—I asked for the receipt—stamp for the 150 l .—Benjamin said he had been ob liged to give that receipt to Mr. Lewis for the 20 l .—but it would do again by having Mr. Stephens's signature, when the balance was paid to-morrow on the back of the same receipt—I gave him a memorandum for the 20 l .—Benjamin wrote this memorandum, and I worte my initials "T. C." on it—I gave a memorandum of having received 20 l . from them, and I brought away that memorandum—(Mr. Cross produced, at the examination at Guildhall; the memorandum I had given them—he attended as the prisoner's attorney)—I went away that day ( looking at the receipt, No. 5. )—I have seen Benjamin write five or six times—I cannot say whose hand writ ing the body of this is—but the interlineation, "I hereby authorize, &c I have no doubt is the writing of Benjamin. Q. On the other side is written "J. M. Levison," at the bottom of ano ther memorandum? A. Yes; I believe that to be the prisoner's writing and the body of it is Benjamin's—on Saturday, the 1st of August, I went and saw the prisoner alone—I told him I had called for the balance, 130 l . for Mr. Stephens—he said, he would write to Mr. Stephens, and appoint a day—he said, it could not be settled that day—he seemed perfectly to understand what I said to him, and answered me in English—I expressed my dissatisfaction at it being delayed—he said he could not help it—my brother in-law handed me this letter (No. 4.) it had been explained to the prisoner at one of the meetings where Stepheus usually dined—they were told he dined in Jermyn-street—on the Wednesday, at two o'clock, I went to the house in Jermyn-street, with Stephens, but did not see any of the parties—I waited until half-past four o'clock, but they never came—(I believe the di rection of the letters also to be the prisoner's writing)—I then went down to Broad-street, and found the name of Levison taken off the door, and that he was gone, and all his goods—I could hear no tidings of him at all—I got on board the Attwood Steam-boat, at the Custom-house, and found the prisoner at Gravesend, attempting to come on board the vessel—I had an officer with me, and took him into custody—I believe the signature to the four bills of exchange to be the hand writing of the prisoner—I never in any manner authorised either of the Levisons to dispose of the policy I had re ceived from Stephens. Cross-examined. Q. What are you? A. A commercial traveller—I have not any engagement at present—I had to the end of June—I was in the house of Sewell and Sons about four months—we did not agree, and I left—it was too laborious; the quantity of patterns and goods I had to convey through the country—it was the hardware and toy trade—I had been with Harwood and Co. before that, for about six months, and they altered their manner of business, and wanted it done on commission. WILLIAM STEPHENS re-examined. Q. Did you at any time see either of the persons charged on the subject of the assignment or transfer of this policy? A. I did, on the 29th of July—Benjamin Levison brought this paper (No. 3.) to me, at Regent-street, where I am employed and he said, in order to make out the assignment, it was necessary I should sign a declaration that I had never made any former assignment, and he pointed to the latter part of this blank form—I was very busy and only read it over in haste, and was going to strike my pen across the upper part, which says, "I hereby propose to surrender, &c.," and he stopped me, and said, "Do not do so; leave that to the attorney"—the assignment was to be for a colls teral security only—nothing passed on the subjects of the assignment, ex cept as to it being a collateral security—I was busy, and signed it—it was blank then it has since been filled up by the number of the policy—I was not at all aware that by signing that, I was either surrendering my policy, or giving authority to any body to dispose of it—I never agreed to do so, and never thought I was doing so—I was engaged with my em ployer at the time, and was anxious to get rid of him—I was pressed very much for money. MR. PAYNE to THOMAS CHUBB . Q. Was it not in consequence of receiving the letter, in Benjamin Levison's handwriting, that you went to No. 5, Broad-street-buildings? A. Yes—when I got there, I saw the prisoner; I told him I came in consequence of that letter—I put the letter before him—he called Benjamin to come to me—I do not know why—the prisoner did not communicate with me at all on the business before Benjamin came—he only asked me to sit down—the prisoner was in the room during the conversation—he did not say any thing—he was writ ing the first time—I am not aware that Benjamin Levison said any thing to him about the business at the first interview—when I called once, he was reading a book, but his attention was evidently directed to the conversation the whole time—it was not occasionally looking off his book—I was sitting by the side of the gentleman who went with me, who was talking to Mr. Levison—I do not think the prisoner was reading his book—I will swear it; because his attention was directed towards our conversation—he did not make any remarks, but he was looking towards us—I do not believe he is deaf—when I was left alone with him, I said I hoped he would get the busi ness settled—that I hoped it would be settled—I had been conversing with Benjamin in his presence before that on the business. Q. Did you ever see Benjamin do any act as his clerk? A. Yes; once writing out an order for samples of wine in the London Docks, signed, "J. M. Levison," that was in the prisoner's presence—when I had my inter views with Benjamin out of the house, it was with him alone, but he made use of the prisoner's name—the prisoner never told me that Benjamin was his agent—the prisoner was generally present—he was not present at Bar nard's-inn, and once when I called in Broad-street, he was absent—when I was left with the prisoner, he mentioned Antwerp, and said it was a fine city, and he mentioned some others, and compared the beef of England with that of the Continent—he spoke distinctly; quite sufficient for me to understand. COURT . Q. Did he speak with hesitation, or clearly? A. He spoke a little broken, but as I could understand. MR. PAYNE . Q. Was the conversation more than half-a-dozen words on each city? A. During the hour and a half I was ther, he was talk ing on various subjects, not incessantly—he talked full twenty minutes altogether—I said very little—he said more than I did—he told me how they stabbed each other in some parts of the Continent. JURY . Q. Was his conversation of that nature, and to that extent, as you would expect from a native, except that the language was broken? A. Yes; and when he was taken at Gravesend, he asked me the officer's name, and said he should write to his Consul when he got to London—I never heard him say any thing about the King of the Netherlands. MR. PAYNE . Q. When you saw him alone, you told him you had called for the 130 l . for Mr. Stephens? A. Yes; I had seen Benjamin the day previous—he did not say Benjamin was not there, and he know nothing about it; he said he would write to Mr. Stephens and ap point a day—on the first occasion when I went, he said, "I am J. M. Levison, whom the note is signed by." MR. CLARKSON . Q. About what time was it that Benjamin went out, when he staid the hour and a half? A. I should suppose, as I was there at twelve o'clock, it might be five or ten minutes past. SAMUEL GILES . I am one of the clerks in the London Life Association I produce this policy, cancelled—it is dated the 31st of December, 1824, for 500 l . on the life of Mr. Stephens, it was cancelled on the 31st of July this year—it was not the prisoner brought it—it was a shorter man, full faced—he had a Jewish face—I should not have noticed it, but after I was told of this I recollected the circumstance—the person came twice, the first time about two o'clock—he then brought this receipt, but there was no order to pay the money to any one on—he returned the second time with this indorsement on it—"I hereby authorize," &c. COURT . Q. There was nothing on the face of the instrument, as first presented, that refers to the prisoner, or a person of his name? A. No; I gave 89 l . 13 s . 8 d . for it. Cross-examined. Q. Will you swear that you looked on the back of it at all when it first came? A. No; I will not sear the indorsement was not on it, I think I must have seen it if it had been—I do not know that I looked at the back; but finding that the letter S in Stephens was net ex actly the same as when he made the declaration, I took it to the secretary, and it was handed about, to ascertain if it was genuine; I have no reason to think the secretary looked at the back of it. WILLIAM HENRY STEPHENS re-examined. Q. Do you remember the person of Benjamin Levison? A. Yes; he is shorter and fuller-faced than the prisoner—I signed this paper, and gave it to Benjamin to be filled up as the attorney directed—I do not know who put in these figures. Cross-examined. Q. Upon your oath, were you not very much in want of money? A. I was not then—I was so when I advertized—I did not give authority for the policy to be vested in Benjamin, in order that he might have the money, supposing the bills were not paid—the use of this paper was to declare that I had not made any former assignment of it. COURT . Q. What was to be done with the policy in case the bills had not been paid? A. He was to hold it till my death—I was to see a draft of an assignment to that effect, which I never saw—it was not to be avail able at the office—I once called on the prisoner, and he made me under stand that he had paid my brother the money—that was the day the £20 was paid to Mr. Chubb—he spoke very little English—he made me under stand mostly by signs—his wife undertook to be the interpreter. THOMAS HERDSFIELD . I am an officer of the Mansion House. I went to Gravesend by the Altwood steam-boat, with Mr. chubb—when we got there, we found the prisoner, in a small boat, coming on board—I took him—I found on him a number of cards, "J. M. Levison, No. 5, Broad-street-buildings, City of London;" and memorandums for the purpose of getting goods—he asked me what I was—I told him an officer—he then asked me, was it on Mr. Stephens's business?—I told him, "Yes"—that was before I had mentioned Mr. Stephens—he said, "Very well"—we had very little further conversation till we got on shore—he then said that some gentleman had persuaded him to leave his house, or he should not have done it—I had not the least difficulty in understanding him—he de sired I would send Mr. Stephens to him, and he would speak to him. Cross-examined. Q. Did you find any papers on him, showing what he was in his own country? A. No. The following papers were here read:—No. (1.) "If W. H. will call at J. M. Levison, No.5, Broad-street-buildings, City, to-morrow, before eleven o'clock, or give satisfactory reference, the money can be advanced to him as above.—P.S. If not convenient, the day after, at two o'clock. No. (2.) "I have this day received of Mr. Stephens, four Bills of Ex change, for 40 l . cach, bearing date this day; and a Policy of Life Insur rance, for 500 l ., to advance 160 l . thereon; which policy I am to hold as security for payment of the four bills, and which bills and policy I will return to Mr. Stephens by Tuesday next, or the money as agreed— July 24, 1835.—Witness. B. LEVISON . J. M. LEVISON . No. (3.) "To the Court of Directors of the London Life Association. I hereby propose to surrender Policy No. 3345 to the Society, at the office valuation; and I declare that the same, my absolute property, and that the interest there on has not been passed from me by assignment, mortgage, bankruptcy, or in any other manner. No. 12, Thavies-inn, July 30, 1835. (Signed) W. H. STEPHENS No. (4.) "Sir,—My parties will not be in town for an appointment, be fore Wednesday, two o'clock, (being post-day). I myself am going out of town till Tuesday; you will be so kmind as to be at the house in Jermyn-street, at the above time. Remaining your obedient Servant, No. 5, Broad-street-buildings. J. M. LEVISON . August 1, 1835.—Mr. Stephens, 12, Thavies-inn, Holborn. No.(5.) "(Stamp 2 s . 6 d .) London, July 31, 1835. Received this 31st day of July, 1835, of the London Life Association, the sum of Eighty-nine pounds thirteen shillings and eightpence, granted by the said London Life Association, upon the life of myself, bearing date the 31st day of December, 1824, and which policy, in consideration thereof, I now deliver up to be cancelled. (I hereby authorize Mr. J. M. Levison to receive the same.) £89 13 s . 8 d . (Signed) W. H. STEPHENS . (Endorsed.) "Received, £89 13 s . 8 d . for Mr. William Henry Stephens, of the London Life Assurance. (Signed) J. M. LEVISON ." W. H. STEPHENS . I received these bills back by the twopenny post, the day the prisoner was apprehended. Prisoner's Defence. I had nothing to do with this concern at all; I know nothing about it, and had nothing to do with it. ISABELLA ABERNETHY . I was laundress to the prisoner. I could never make him understand English—I had an interpreter—most of the time he lived in Bevis Marks, then at the Little Minories, and then in Broad-street Buildings, and was hard of hearing. RICHARD ST. AMOR . I am an Englishman, but understand Dutch. I was employed to interpret some foreign documents for the prisoner, in January last—I translated the, and wroe answers—I should think he did not understand a word of English—he might copy an English letter if it were laid before him—I believe he was an optician. JOSHUA ABRAHAMS . I have known the prisoner ten or eleven weeks—it is the custom of our people, when any body dies, to assemble and read. prayers; and then one gives a lecute on how people ought to behave, which Jane did—the prisoner came very close to me, and said, "You must excuse my coming so close, I am rather hard of hearing"—I spoke in Hebrew, and explained it in English—when I had done, the prisoner said, "I am now as wise as before, because I do not understand English"—from my intercourse with him, it is my opinion he cannot understand English. MR. CLARKSON . Q. What was the language in which he said he was never the wiser? A. In English—in German. COURT . Q. How came you to say, he said it in English? A. I beg you a thousand pardone, I meant German. JOSEPH VANDERLYN . I am a tailor, and came from Amsterdam. I have known the prisoner ever since he has been here—I was solicited to come forward and state that he is deaf; and from what I have heard of him, he does not know any english. (Edmund Dusseldorf and Joseph Moses also gave the prisoner a good character, and stated it to be their belief that he did not understand English.) GUILTY of uttering. Aged 38.— Transported for Life . 1885. DANIEL FLYNN was indicted for stealing, on the 26th of July , 59lbs. weight of lead, value 10 s ., the goods of Thomas Curtis and another, his masters. MR. DOWLING conducted the Prosecution. JAMES CATTELL . My father is foreman to Mr. Thomas Curtis and his father—the prisoner was in their employ—on Saturday, the 26th of July, I was at the prosecutor's at Stratford; the prisoner came up to me at the gate a quarter past eight o'clock, and asked me if he could go into the yard—I asked what was his business—he said I should see when he came back—I said the gate was locked—presently my mother was came with the keys to open the yard—he pitched his stick at me, went in, and came out again, took his stick and went away—he said, "Good night; good luck to you, old boy." Cross-examined by MR. DOANE . Q. Did you see any thing with him? A. No; all sorts of building materials were on the premises—there are four more carters in the concern; this man wanted to go up the yard, and left the stick with me—he did not tell me that he had a pressing occa sion to go up—my mother opened the gate. JOHN WOOLMORE . I am gardener to Mr. Maton. On the 26th of July, I was about Five minutes' walk from the back part of the prosecutor's pre mises—I was standing at my back-door, at the bottom of Mr. Maton's alley—I heard a noise—I saw the prisoner throw the lead over, and stoop and pick it up—I said, "Halloo! mate, what have you got?"—he said, "Nothing at all"—I said, "Nothing at all! I call this a good piece of lead"—ne said, "Take it, and say nothing about it"—he then said two per sons gave it him—I said, "Where?"—he said in the field—I went and returned in a quarter of an hour, and said, "I cannot find any body else, will you come to my master's?"—I went with him to my master—the prisoner laid down in the yard—he then got up and ran away—I followed him, brought him back, and then the constable came and took him. Cross-examined. Q. He told you there were two other men that he had seen with this lead? A. Yes; and they gave it to him—I wanted him to go to my master's to beg parden for trespassing on his field; and he did go, and waited there some time—I did not tell him I would take him for stealing any thing. JOSEPH WILLIAM GEORGE . I have the care of Mr. Curtis's plumbers' shop—Thomas Curtis and his father are the proprietors—there are two other sons in the business, but not in the partnership—I saw this lead outside the shop on the 25th—I missed it on Monday morning—this is the lead; it belongs to Mr. Curtis. Cross-examined. Q. You say there are two other Curtis's, who are not partners, but are in the business? A. Yes; I never heard that only two are in partnership; all four of them take an active part in the business—I will not swear that the other two or not in partnership—I know this in the same piece, because it is all smothered over with spots of paint, by being near some door-frames—I have another piece of lead that laid by the side of this, which is smothered too—I swear this is the identical piece that I saw—I had my hand on it that morning. JAMES SMART . I am a constable. I took the prisoner, and asked him how he came possessed of the lead—he said he knew nothing about it—he afterwards said it was given him by two men—as I was taking him to the watch-house, he said he hoped I should not hurt him, but make it as easy as I could, as it was hard he should suffer and not the other two—he said he was afraid I wanted to transport him out of the country. (James Blake and Elizabeth Ann Wood gave the prisoner a good character.) GUILTY . Aged 30.— Confined Six Months . Sixth Jury, before Mr. Sergeant Arabin. 1886. JAMES BURTON , JOHN BIRD , WILLIAM HARRIS ,and GEORGE PRINCE were indicated for stealing, on the 6th of July , 1 goose, value 5 s .; the goods of Adam Charlton . ADAM CHARLTON . I live at Walthamstow, and am a farmer. On the 5th of July I turned out twenty-one geese—we turn them out to go where they will, into the lane—I lost one—the policeman, I believe, had it—I saw it dead. WILLIAM WORMAN . I live a servant to the prosecutor. On the 6th of July, at three o'clock in the afternoon, I saw these four men in the town—they drove the geese, caught one, and took into a wheat-field—I went home, got two men and a boy, and took two of the prisoners—we went after the others, and took them—we found the goose in the wheat—I saw one of them carry it into the field, I cannot tell which of them—I found it in the wheat—Bird and butten were about a road from it—I cannot say whether it had the head cut off, or whether it was stuck—it was dead and was flayed. Cross-examined by MR. PHILLIPS . Q. How can you tell that the goose you saw was the one you had seen with the feathers on? A. Because I saw them take it into the field—I was nearly fifty yards off. NOT GUILTY . Sixth Jury, before Mr. Common Serygeant. 1887. RICHARD STILES , WILLIAM HASELL , and THOMAS GOODDARD were indicated for misdemeanor. DANIEL DANCE . I am at Ilford, in the parish of Barking, in Es sex. On the night of the 21st of July, I was disturbed between two and three o'clock—I heard a noise, and went to the window—I looked out, and saw the three prisoners proceeding to force the flap of Mr. Wright's cellar open—they were all three forcing the flap up—I stood and looked at them till they got into the cellar—I then put on my clothes, and got a young man, who lodged with me, to go down, and we appre hended them in the cellar—it was just getting a little day-light then—I could not see their faces when I first looked from my window, but if I had been in front of them I think I could—when I got over to the cellar, they were just making their escape up, and I did not perceive that they had got any thing—two of them were very saucy—I did not say any thing to them, only that I had got them, and they should not get away. Cross-examined by MR. MAGUIRE . Q. Was it not later than three o'clock when you saw them? A. No; it was between two and three o'clock—the house is in the parish of Barking—Mr. Wright lives in it. JOHN WRIGHT . I am the landlord of the house; it is the sign of the Britannia. I was alarmed, and proceeded to the cellar—I had first looked out of the window, and called a lodger of mine—I told him to go out at the door, and I would take a gun and follow him—I did so, and found him at the cellar-flap; and Dance had hold of one of the prisoners—I said, "Let him go, and I will shoot him if he run away"—Dance said, "Don't shoot him; there are two more in the cellar"—I went to get a light to see for them; and when I came back, the other two prisoners had got out, and had been taken—I went into the cellar, but there were no more there—I found a cock turned, and some beer let out, but I cannot say that they did it—I told them it was a good job I did not come first, for I should have shot them—they said, "If we had been here half an hour we should have done something for you"—I went into the cellar afterwards, and found a phosphorus-box, some matches, and a chisel. Cross-examined. Q. Is there any communication with the cellar from your house? A. Yes: by a door which goes from the har to the cellar—there had been no attempt to break that door—the cellar is under the bar and tap-room—there was no attempt to break into any other part of the house—they told the Magistrate they went there to sleep. (Samuel Saunders, of Richard-street, Commercial-road, gave Goddard a good character, and promised to provide for him.) STILES— GUILTY . Aged 21. HASELL— GUILTY . Aged 18. Confined One Year . GODDARD— GUILTY . Aged 16.— Confined Six Days . 1888. MARY ANN WELCH was indicated for feloniously killing and slaying Mary Watson . ALICE HUTCHINSON . On the 10th of August, I was in Church-street, Deptford, going for some gin, and heard a contest, and violent expressions—it was the prisoner and Flint argufying —I heard the prisoner say, "Do you call my child a b----y b----d?"—Flint said, "My child looks no more like a b----d than yours"—the prisoner then struck Flint, who fell down, with her baby—the prisoner fell also, and before she could recover herself, Flint got up, took the baby in her arms, and said she would fetch the father of the child—the prisoner turned round, and said, "Where is that* * * * Flint?"—the deceased stood there with her arms folded, and the prisoner went up to her, using very bad expressions, and struck her under the chin; but before that the deceased said, "Do not strike me; I have given you no insult"—she fell when the prisoner struck her, and the prisoner fell on her; and the deceased never got up again alive—she had said nothing to the prisoner. Cross-examined by MR. DOANE . Q. This was outside the public-house door? A. Yes; there were only six persons there; two young men, the prisoner, and deceased, I and M'Can—I was perfectly sober, and did not go into the public-house—this was all done in five minutes—Watson never said a word, except begging for mercy—my husband is a labourer; we live at Deptford, and have four children—I have no lodgers, and do not let my room for a short time to strangers. SUSAN FLINT . I live at Deptford. The deceased, I, and my boy's father, were drinking at the Oxford Arms, and when we came out, the de ceased and I were talking very seriously together—the prisoner came be hind us, but what for, I do not know—the deceased said, "Do not come to insult us, for we will not insult you; go away, good woman"—the pri soner immediately called her a b----y cow and mare, and used the worst language—the deceased said, "Do you call yourself a woman?" and as soon as the prisoner got from us, she called out, "I have got no b----y b----d"—I said, "Very likely mine is no more a b----d than yours, for many have them as well as me"—she said, "What did your say?"—I told her, and she knocked me down with my child in my arms—I got over to a house for protection, and said no more. Cross-examined. Q. You had been to the public-house? A. Yes, but not in the prisoner's company—nothing had passed in the public-house—nothing was said that could give the prisoner offence—I am not married, and she is—what I said outside the house irritated her—Watson was one of our party. COURT . Q. Had she said any thing to the prisoner? A. No; only, "Do not insult us, and we will not insult you." SUSAN NAMEY . I live in Church-street, Deptford. Flint ran into my house, and gave an alarm—I saw nothing of the deceased till she was brought into my house, dead. THOMAS RAINSBURY . I live at Deptford. I had been at the Oxford Arms, but not in the witness's company—as I came out, I heard the pri soner and deceased quarrelling—I could not make out what was said, but I looked round, and saw the prisoner fall to the ground—she immediately arose, and went to the woman, in an attitude to strike her, but I did not see her strike—she fell into her arms, and both fell down—the prisoner fell on her—I went home, but my father's cart was there—I turned, and saw a mob round Namey's house, and heard the deceased was dead. Cross-examined. Q. You were merely on the other side of the way? A. Yes—I heard the voices of the deceased and the prisoner—angry words passed between them both. ANN WHITE . I live in Church-street. I heard a noise, opened my window, and saw the prisoner strike the deceased—she then said, "Take that, you b----y old cat"—she said nothing till she had struck her—I saw Flint run round to Namey's—the prisoner ran round after her, clapping her hands, and saying, "I will serve you the same, if I can get at you." Cross-examined. Q. They had been quarrelling? A. I heard no words pass—there was a squalling—it seemed to be persons in anger—I did not see the deceased strike at all—the prisoner seemed in great anger. EDWARD DOWNING . I am a surgeon. I examined the person of the deceased, at Namey's house, about seven o'clock in the morning—she had been dead some hours—there were no external marks of violence—there was a little discoloration about the neck—on removing the scalp, it ap peared perfectly healthy, also the dura mater —the anterior lobe of the brain was very much extravasated, and there was a quantity of coagu lated blood at the base of the brain, and a portion of fluid, quite sufficient to cause death. Q. I your judgment was the injury to the head what might arise from intoxication, or would it require considerable force? Q. It would require external force, either a blow or fall would do it—I never saw a case of apo plexy to that extent—a fall would very much increase the mischief of a blow, and if the party was intoxicated, it would be more likely to be fatal. Cross-examined. Q. Have you made many post-mortem examinations? A. I have operated on a great many—her death certainly could not arise from apoplexy—I have been nearly six years in practice. ALLEN FORD PRICE . I am a surgeon, and live at Deptford. I was present at the post-mortem examination—in my judgment, the appearances in the head could not arise from natural causes—I never saw extravasation of blood produces such appearance—I should say the party died a subject of apoplexy, but the death could not have arisen from that. Q. If a person alive, and in health, was knowcked down, and died imme diately, should you attribute death to the blow, or to apoplexy, arising from natural causes? A. I should attribute it to the blow in part—it could not be caused solely from apoplexy—the posterior part of the brain pre sented a healthy appearance—I am persuaded that mere natural causes did not produce the death. Cross-examined. Q. Were there sufficient external appearances to account for the disorganization you found? A. There was not—I imagine, from the quantity of extravasated blood, that death was almost immediate—there was a discoloration of the skin, which might be a blow or the result of natural causes—the party dying immediately, there was not time for ex ternal marks from a blow—the fall itself might produce a concussion of the brain—it is possible a person stumbling on her when down might pro duce it. ROBERT HATFULL . I am a surgeon. I was present at the exami nation—in my judgment, the death was caused by extravasation of blood, produced by force—it might have been by a blow or fall. Q. Do you believe that mere apoplexy, from natural causes, drunken ness, or a tendency to fulness, or inactivity of the vessels, would account for the symptoms you saw? A. No; I think there must have been the application of external force—the posterior part of the brain was perfectly healthy, which would not be the case, if it was from natural causes. MICHAEL DRURY . I am a surgeon. I made a post-mortem examination of the deceased—there were no external marks of violence; and if 500, 000 surgeons had seen the body, they would come to the conclusion, in the absence of external injury, that the deceased died from natural causes—I believe the death to be caused by a quantity of water collected in the left ventricle, which I pointed out, and which the other surgeons have forgotten to mention—that shows a natural tendency to apoplexy; and she was disposed to dropsy—the well of water in her head disposes me to consider death arose from natural causes—I am not confined to that symptom alone. Q. A woman, apparently in health and standing on her legs, is knocked down and dies upon a person falling on her, would you attribute that to natural causes, or the blows? A. I deny that she was in good health, on account of the well of water in her head—the blood-vessels, to a certain extent, over the ear were full of bood—this shows she was disposed to die of apoplexy. Q. Would not a blow and fall accelerate that? A. Not such a blow as she received, viz. a slap of the face from a woman—many receive a blow, and are not killed by it—in my humble opinion, the blow had nothing to do with her death, it left no mark—I mean to say, a blow which did not leave a mark is not suficient to cause death—a blow would assist in causing death in a person of apoplectic habit, but I am not dis posed to think it caused death; in the absence of external injury. Q. Am I to understand you think she fell down in a fit of apoplexy? A. I do; excitement produced by drink and passion, and that she was dead before she fell to the ground—that is my idea—there were other symptoms of apoplexy from natural causes—I do not admit that the blow had any thing to do with her death, for she was dead to the world before she reached the gound—I was, house-surgeon at Colchester hos pital, when a boy was brought in with a fractured scull; a portion of the scull was knocked in, and he did not die instantly, though it was a tre mendous blow from the sails of a wind-mill—my opinion is, that in all human probability this woman would have died on the spot if nobody had struck her. Prisoner's Defence. This woman came and said I was like a common creature in the street—I asked what she meant—she repeated the words over and over again—the deceased then began on me, and it the scuffle we fell together—I got up and went away—as I went by their house, all the lodgers shouted at me—I got further, and they came and took me. (Charles Willatt, waiter at the Oxford Arms, gave the prisoner a good chareter.) GUILTY . Aged 27.— Confined Three Months . 1889. JOHN RAY BAYLEY was indicted for feloniously breaking and entering the dwelling-house of Robert Cummins , on the 27th of July , at Woolwich, Kent , and stealing therein, I pistol, value 5 l ., his pro perty. ROBERT CUMMINS . I am a gun-smith, and live at Artillety-plece, in the parish of Woolwich. The prisoner is a soldier, and was in the habit of coming to see people who lived in my kitchen—I lost this pistol from my shop. SARAH NEWBERY . I live at Mr. Cummins'. I asked the prisoner to assist me in shultting up the shop, and while I was guard-room, he put the shutters up himself—this was on the 27th of July—I left him in my room below stairs—Cummins' shop was not shut them, but when I came back it was shut up—I found the prisoner there—the doors were all locked uup safe—I know nothing of the pistol. WILLIAM CHITTENDEN . I am a policeman. About half-past eleven o'clock in the morning, on the 28th of July, I was called to take the prisoner into custody—I went to the prosecutor's house, and found the prisoner in Newbery's apartment, intoxicated and lying on a chest—I told him he was my prisoner, for stealing a pistol—he said he know nothing about it—I found the pistol at Greenwich. JOHN THOMAS LATHAM . I keep the Wheatsheaf public-house at Green wich. I bought this pistol of the prisoner, about ten o'clock on Monday night, for five shillings—he said it was his own, that his brother gave it to him. ROBERT CUMMINS . This is my pistol; it was stolen out of my shop—it is worth five pounds at least. GUILTY of Stealing, but not of breaking and entering. Aged— Transported for Seven Years . Fifth Jury, before Mr. Scrgent Arabnia. 1890. WILLIAM HEARNDON was indicted for stealing, on the 11th of August , 15 knives, value 12 s ., 15 forks, value 9 s ., and 2 table-cloths, value 9 s .; the goods of Thomas Quarterman and another, his masters. THOMAS QUARTERMAN . I keep the Crown and Sceptre at Greenwich, and have one partner. The prisoner had been waiter there for three seasons. WILLIAM STEBBING . I am shopman to a pawnbroker in York-street, Westminster. I produce two dozen and a half of kuives and forks, and two table-cloths, pawned by the prisoner's wife and son. WILLIAM THOMAS . I am a police-inspector. I received information of this last Wednesday evening, and went to the Crown and Sceptre—I asked the prisoner about this—he said, "I am sorry I did it," and he asked his master to forgive him—in going to the station, he said, "I have-done it, I cannot tell how I came to do it"—I went to search his lodgings at Westminster, and found a great many duplicates. ( Property produced and sworn to .) (The prisoner put in a written defence, expressing his contition for hav ing pledged the articles, but that it was his intention to redeem them, as the prosecutor owed him 3 l . 12 s .) GUILTY . Aged 42.— Recommended to mercy. — Confined Six Months . Fifth Jury, before Mr. Common Sergeant . 1891. JAMES JUDGE was indicted for stealing, on the 16th of July , 1 milk-can, value 3 s ., the goods of Charles Jenner . PHILADELPHIA JENNER . I am the son of Charles Jenner, of Plumstead. He is a farmer, and sells milk—on the 16th of July, I went out with milk—I left my can at the Arsenal-gate at Woolwich—I returned in three-quarters of an hour—my can and milk were then gone—this is the can SARAH BURBAGE . I live in Edward-street, Woolwich. On the 16th of July, the prisoner came to my house, and asked me to buy a milk-can—I considered it was a lark , and said I could not buy it—he said it was his own, and he wanted to exchange it for a saucepan—I called the officer who took him. Cross-examined by MR. PHILLIPS . Q. Did he not say afterwards that he had picked it up? A. Yes—there was a little drain of milk in it. Prisoner's Defence. I had been through Woolwich with a friend, and in coming back I saw the can in the street—there was no name on it, or I should have taken it back—I asked several persons whose it was, and they could not tell me—I then took it to this place, and offered it in exchange for a saucepan. (John Robinson, a baker, of Clayton-place, Walworth, gave the prisoner a good character.) GUILTY . Aged 40.— Recommended to mercy by the Jury. — Confined Eight Days . Sixth Jury, before Mr. Sergeant Arabin . 1892. JOHN STONE was indicted for stealing, on the 24th of July , 1 handkerchief, value 2 s . 6 d ., the goods of Charles Boast , from his person. TRAFFORD HOLMES . Mr. Charles Boast is a friend of mine—this hap pened on the 24th of July, at Eltham, but I was not there with him—he is prevented from attending by ill health—I went before the Magistrate at Greenwich with him, and he was examined there. Cross-examined by MR. PHILLIPS . Q. Where is he? A. Out of town—he lived in the New Kent-road. THOMAS LARKING . I was behind Mr. Boast, and saw the prisoner at the Lee races—I saw him take the handkerchief out of Mr. Boast's pocket—I took him by the collar, and took it out of his breeches, and asked Mr. Boast if he had lost his handkerchief—I took the prisoner, and gave him the handkerchief—he attended before the Magistrate, and gave his name as Charles Boast. (Ann Harris; William Wilkin, cowkeeper; and John Williams, coal-dealer; gave the prisoner a good character.) GUILTY . Aged 19.— Recommended to mercy by the Jury. — Confined Three Months . Third Jury, before Mr. Common Sergeant . 1893. JOHN CHRISTIE was indicted for stealing, on the 17th of July , 1 knife, value 9 d .; 1 bag, value 1 d .; and 5 half-crowns; the goods and monies of James Bayley , from his person. JOHN BAYLEY . I am a painter and glazier, and live in the Broadway at Deptford. On the 17th of July, I went to the Wheat Sheaf, at Green wich—I met the prisoner there, and we drank together—I put into my right-hand waistcoat pocket, a knife, a bag, and five half-crowns—the pri soner saw me do it—I then fell asleep for three hours—when I awoke he was gone, and I missed all my property—I afterwards gave him in charge—this is my property. Prisoner. Q. Did you not give me these things? A. No; I was sober enough to know that I did not—I left them in my pocket when I fell asleep. JOHN JULIAN ( police-constable R 17.) I attempted to take the prisoner—he ran away—I took him again—I found this knife, this bag, this thread, and this duplicate, and two crown-pieces on him. ( Property produced and sworn to .) (The prisoner received a good character.) GUILTY . Aged 27.— Confined Three Months . 1894. SARAH SKINNER was indicted for stealing, on the 18th of July , 1 gown, value 5 s . 6 d ., the goods of Susannah Champtaloup . SUSANNAH CHAMPTALOUP . I keep a shop at Greenwich. On the 18th of July, I had a gown at my parlour door, in Bridge-street—the prisoner came and asked the price of it—she came in the evening again—she agreed to have it for 5 s . 6 d .—she said she would send her sister for it, but she did not pay for it—I missed it the next morning, and the next after noon I saw it on Alice Skinner, who was in the road, inviting persons to come to tea—I said, "I am come for the money for this gown"—she said, "I have paid for it"—I said, "Not to me"—she said, "I sent my little sister"—she said she would find her sister, but she could not—this is the gown—she has not paid me. Prisoner. I paid her for the gown. NOT GUILTY . Witnes . No—she could not—I took a walk that evening, about twenty minutes past ten o'clock—I do not recollect that I had a soul in my house after I came back—somebody might have been in—I do not know who came into the house. ALICE SKINNER . I am the prisoner's sister. I sent my sister to pay for the gown—I had it on when she came to me—I had been to Mrs. Champtaloup to make the purchase, but I did not take it—I sent the prisoner for it. Prisoner's Defence. I went to the shop about eleven o'clock at night, and paid the prosecutrix for it—she had a bit of bread in her hand at the time—she said I was just in time—she was going to bed—she gave me the gown. 1895. JAMES COLLINGS and JOHN COLLINGS were indicted for stealing on the 1st of August , 1 hand kerchief, value 2 s . 6 d ., the goods of Edward Nash , from his person. EDWARD NASH . I am a clerk in the custom-house and live at No. 4, Exmouth-street. I was at the hospital at Greenwich on the day stated, while the King was there—I felt a twitch at my pocket, and my handker chief was gone—the officer brought it to me—I saw James Collings close to me—when I turned round the officer had him—and John was close by my side. JAMES WILD ( police-constable R 142.) I was there in plain clothes, and saw the prisoners sound seveal pockets—I then saw them go behind the prosecutor, and James took this handkerchief from him—he was trying to put it into his trowsers—I seized them both, and was going to take the handkerchief, when the prosecutor snatched it from James—the other prisoner had his hand on another man's shoulder, to cover what James was doing—I took the prisoners to the sttation-house, and found on John this other handkerchief—I asked him if there was any mark on it—he said "No," but there are two letters on it. John Collings' Defence. We went to sell some things with Owen Franks, and he left me his handkerchief. (The prisoners received a good character.) JAMES COLLINGS— GUILTY . Aged 19. JOHN COLLINGS— GUILTY . Aged 17. Confined One Year . Sixth Jury, before Mr. Common Sergeant. 1896. ELLEN MURPHY was indictef for stealing, on the 24th of July , 2 shirts, value 5 s ., the goods of John King . CATHERINE KING . I am the wife of John King, we live at Deptford. The prisoner lodged at our house—I had two shirts in a clothes-basket—the prisoner went away on a Friday, and I missed them on the Saturday. WILLIAM KNOWLES . I lodged at King's in Mill-lane, I saw a basket of clothes fall down—the shirts were among the things—the prisoner was there—she said these shirts were her husband's and she took them away, and said to me, "Come to Willett's and I will give you a pair of white trowsers for the black ones you have on." THOMAS PERCY BIRD . I am a pawnbroker, and live at Deptford. I took in these shirts of the prisoner—I can swear to her, but she had her bonnet on when she was before the Magistrate, and I did not know her then. Prisoner's Defence. I went to bed that night, and this woman and her husband had a rose—I was not the person who took them. GUILTY . Aged 30.— Confined Three Months . Fifth Jury, before Mr. Sergeant Arabin. 1897. THOMAS WARD was indictef for stealing, on the 23rd of July , 1 handkerchief, value 3 s ., the goods of Thomas Farcey , from his person. THOMAS FARCEY . I lost my handkerchief at Lee races on the 23rd of July—the prisoner was brought to me afterwards, but I do not know who took my handkerchief—the other witness is not here. NOT GUILTY . 1898. THOMAS WEST and JAMES STEEL were indicted for steal ing, on the 23rd of July , 1 handkerchief, value 2 s . 6 d ., the goods of Richard Tell , from his person. JAMES WILD ( police-constable R 141.) I was on duty at Eltam in plain clothes on the 23rd of July—I saw the two prisoners sound seveal gentle men's pockets—they at last went behind the prosecutor, and West took this handkerchief from his pocket, and passed it to the other—I took Steel, and found this handkerchief and another silk handkerchief on him. RICHARD TELL . I was at Eltham. I was told my handkerchief was gone—I turned and saw Steel, who was putting it under his cost—this is it. West. Q. You said you could not swear to that handkerchief? A. I had one exactly like it—I missed it, and saw Steel putting it into his cost. WILLIAM TOOKEY ( police-constable L 148.) I was on duty—I saw West run away, and I took him—I did not se the handkerchief found on Steel. (The prisoner Steel put in a written defence, stating that the handkerchief found on him was his own, and that the other prisoner was a stranger to him.) WEST— GUILTY . Aged 41. STEEL— GUILTY . Aged 19. Transported for Seven Years . 1899. HENRY SETON and WILLIAM PATON were indicted for stealing, on the 25th of July , 1 handkerchief, value 2 s . 6 d ., the goods of William Thomas Thirkel . WILLIAM THOMAS THIRKEL . I am a milkman. I was at Lee races on the 24th of July, between five and six o'clock—I was near the stand—I did not feel any thing, but Langtley told me something—I then missed my handkerchief—I had seen the prisoners about half an hour before—I saw Vickers take my handkerchief from Paton, and Seton was by his side—this is it—I had not pulled it off my neck above an hour. Cross-examined by MR. CLARKSON . Q. Have you any mark on it? A. No—this took place at Eltham, but they arre called Lee races—the hand kerchief was in my outside pocket—I had put it into my pocket in another field. Paton. Q. Where did you see us half an hour before? A. I saw you by yourself in another field, walking about near the grand stand. EDWARD LANGLEY ( police-constable L 148.) I was on duty, and saw the prisoners in company about ten minutes or quarter of an hour before—I saw them go behind the prosecutor, and by the motion of his arm, I thought Seton took something from him—I went to the prosecutor, who said he had lost his handkerchief—I followed them, and took Seton, and my fellow constable took Paton, and said he had got the handkerchief. Cross-examined. Q. Did you find any thing on Seton? A. No; I thought I saw him take something, but I could not see what it was. COURT . Q. Might he have taken a handkerchief, and you not see it? A. Yes. GEORGE VICKERS . I saw the prisoners in company together—I noticed them—they went close behind the prosecutor—Seton was nearest to him—when they moved away we followed them—I took Paton, and in his left hand pocket I found this handkerchief—I took it out, and the prosecutor said it was his, and there were some dismond sports on it. Paton's Defence. I was having some beer with my brother—he went home to Chiselhurst, about the time the prosecutor says he saw me—I was coming home, and by chance I saw this handkerchief by the prose cutor's feet—I took it, and walked away with it—my fellow prisoner asked what I had got—I said a handkerchief, and the officer came, and took us. PATON— GUILTY . Aged 22.— Transported for Seven Years . SETON— NOT GUILTY . 1900. JAMES BRANCH and THOMAS STEVENSON were indictedfor stealing, on the 24th of July , 1 purse, value 1 d .; and 2 shilling; goods and minies of James Scudder , from the person of Kitty Scudder . KITTY SCUDDER . I was at Lee races on the 24th of July, at five o'clock I felt in my pocket, and my purse was safe—soon afterwards I put my hand in my pooket again, and missed it—it contained two shilling and some bills—I saw it again in the officer's hands—he had taken the prisoner—my husband's name is James—he is a labourer. RICHARD TOZER ( police-constable R 140.) I was on duty, in plair clothes. I saw the two prisoners with three others, and watched them—they were for two hours putting their hands to pockets—mostly to females—about five o'clock I saw Branch put his hand into the prosecutrix's pocket, and take the purse out—I took hold of him—he made great re sistance—I called to the prosecutor—the next morning Stevens came to see Branch—I knew him directly, and took him. Branch. Q. . Did you see me take the purse? A. Yes; I was close behind you—I found three sovereigns on you. Steven's Defence . I never was there—I heard that a man was taken from the races—I went to see him, and this officer took me, and said I was one of them. Branch's Defence . I saw this purse on the ground—I saw two boys chuck it down—I took it up, and was going to give it it the lady, when the officer took me. BRANCH— GUILTY . Aged 18.— Transported for Seven Years . STEVENSON— NOT GUILTY . 1901. ANN RICHARDSON was indicted for stealing, on the 10th of August , 1 watch, value 3 l .; 1 seal, value 6 d .; and 1 watch-key, value 6 l .; the goods of William Donald Thomas , from his person. WILLIAM DONALD THOMAS . (This witness being deaf and dumb, his evidence was communicated by an interpreter.) I am a shoemaker. This happened at Greenwhich, on the 9th of August, at half-past eleven o'clock at night—I first saw the prisoner in a cook-shop—I treated he with a basin of soup—we came out and walked together—I had a watch and each in my fob—the prisoner took it from me, and gave it to another female, who ran away with it—I took hold of the prisoner, and never let her go till the policeman took her in charge—I have not seen the watch since. Cross-examined by MR. PHILLIPS . Q. Did not the prisoner call for the police herself? A. No; I made a shouting noise which drew the police man—I was in one public-house with the prisoner—I was not fighting in the public-house—the candle was not blown out, and the landlady did not bring in a fresh one—I was having my supper in the cook-shop, when I met with the prisoner—we went to a public-house, and had two small glasses of rum—I was only in one public-house with her, and in the cook-shop—she took supper with me in the cook shop—we then went to the public-house—I paid 1 s . 6 d . for what we had to drink, which was two glasses of rum, and three pints of porter—I do not recollect that I offered the prisoner any money—I did not take her by the throat—I took her by the two shoulders—the taller female got the watch, and ran off with it. MR. PHILLIPS to the INTERPRETER . Q. Did you say to any body when you were asked about the watch, "I will take b----y good care of that; that is safe enough?" A. I did not—I have no recollection of it—I do not know that I ever saw this man ( Bradley )—I do not recol lect that I saw him in the William the Fourth public-house last Saturday—I was in the parlour of that house—I have no recollection of being asked about the watch—I played at skittles with the prosecutor—I did not see the prisoner searched. JAMES RICHMOND . I am police-sergeant. I was on duty at Green wich—I was called, by a noise from the prosecutor and took the prisoner—I found nothing on her—the prosecutor made signs that he had been robbed of his watch—he was fresh—he had been drinking—the prisoner called "Police," when I got near them—the prosecutor had hold of her—I had something to do to make him let go. Prisoner's Defence. I am perfectly innocent. GEORGE BRADLEY . I am a labourer. I was at the William at Fourth, and saw the prosecutor and the interpreter playing at skittles—I asked the interpreter if he had found the watch yet—he said, "No; I will take b----y good care of that; that is safe enough." COURT . Q. What watch was he talking about? A. That stolen from the deaf and dumb man—the prisoner's mother asked me to come here—I know her as a neighbour—I know the interpreter by seeing him in the skittle-ground at times—I am a carter to Mr. Wiltshire. NOT GUILTY . Fifth Jury, before Mr. Recorder 1902. MARY ROSS and ANN LEECH were indicted for stealing, on the 23rd July, 7 sovereings, the monies to Edward Benny , from his person. EDWARD BENNY . I am a seafaring man; I was paid off at Ports mouth, from the Melville , in July. I came to Woolwhich to see my mo ther—I found she was gone to Sheerness—I then came to thje Ship Taverm, in one of Burke's vans—when I got to the Ship, I saw the prisoner's stand ing outside—they asked me for something to drink—we wemt into the Ship-tap, and had half a pint of gin—I had a basket tied up in a beg—we left the public-house together—I wanted to get lodgings for the night—we could not get in at the Hamopshire Hog—we went into the Whiter Lion, and had two half-pints of rum and shrub; and Mr. Banister said to a marine, "You had better let this young man stop here to-night, and have a bed"—he said, "No; he is one of my shipmstes; he must go with me"—he went out with my bag, which the women had given him before—I followed him, and the prisoners followed me—my money was in my pocket—Leech took the money out of my pocket—she said the wanted some money for some supper—I did not know what she took—they ran up the back-streets, and I ran after them—they took seven sovereings, some silver, a bag of clothes, and a basket of shells—they said they would carry them a little way—they gave it to the marine, and then Leech took the bag again—we found the basket next day, at Ross's lodging, cut open, and the shells taken out—I found a shawl in my jacket—I do not know whose it was. Cross-examined by MR. DUNBAR . Q. How had you been passing the way? A. I had just come up by the coach from Portsmouth—it was rather late at night—the Hampshire Hog is in High-street, Woolwhich—I got there at half-past ten o'clock—I was sober—I stayed there about a quarter of an hour—on our way to the Hampehire Hog, I had two half-pints of rum and shrub—I did not drink on my way to Woolwich—all the way from Portsmouth I drank nothing—the women gave the marine my bag—I told him he might carry it, if he pleased—it was heavy—they af terwards took it from the marine—I was quite sober—I was close to them when they took the bag from the marine—I did not say any thing to them—they did not leave me asleep—I had my money while I was at Banister's—the marine stood still when he gave the bag up—they run away then—I do not recollect having any beer or sale. Leech . You know I gave you my direction, and you carried your bag to my lodging yourself. Witness . No. I did not. Leech . We were not in the Ship Tavern at all; we were in the White Lion, and had two half-pints of rum and shrub, and two pints of porter. PATRICK HURLEY . I am a watchman of Woolwich. On the morning of the 24th of July I went in search of the prisoners—I went to a lodging where I found Leech—I knocked at the door—she looked out of the win dow, and asked what I wanted—I asked her if she had been in company with another young woman and a sailor the night before—she said she had been out late, but not in company with a sailor—Benny was with me—he said she was the person who stole his things—she came down, opened the door, and called Benny in—I went to the door, to go in—she said to me, "You cannot come in;" but I pushed the door, and went in—I found Benny busy in picking up his things, which laid all about the room, and observed the cord had been cut with some sharp instrument—Benny said he had lost a basket of small shells—Leech said she did not have the shells, but she knew the one that had got them, which was Mary Ross—he accused her of stealing the money—she said she did not—I went to Mary Ross's—I found this basket, with some shells in it—I brought it to Benny—he said it was his, but there were some shells—I asked Ross where the other shells were, and she denied having, any; but she brought some down in apaper, which I took to Benny. Leech . You asked me had I a brother come from sea last night. Wit ness. Yes, I did—you did not say that Benny was the young man who left his bundle at your house—you denied all knowlwdge of him—I did not say there was a young man who wanted to find to find his sister, and she lived up there. Cross-examined. Q. There was an inquiry about some shells? A. Yes; I found Ross at a house, and she said there were some some shells which the man gave her—they were in this basket, in a corner, on a chair—she said the sailor left them there over-night—when I took them to Benny, he said there were part of them gone; and she produced some more in a paper, which she brought from up-stairs. EDWARD BENNY re-examined. Q. Have you any recollection of going to the house of Ross? A. No, Sir; I never did go, I can swear—this basket of shells was in the bag of clothes—no one could have got it without opening the bag; and the string was cut wwhen I saw it in the morning—I did not go to Leech's the night before—I did not go to either of their lodgings—I did not convey to either of their lodgings, the basket or the clothes; they ran away with them—I never allowed them to carry my things to their house. Leech's Defence . I met with Ross and Robert Prestwich, who asked me to take some porter in the Carpenter's Arms—they then asked me to go home; and in going along, we saw this sailor—he ran up against us, and asked us to have something to drink—we said no, there was no house open—he still urged us, and we went to the Hampshire Hog—it was not open, and we went to the White Lion—we had half apint of rum and shrub—he then broke a glass—we took three pints of porter home, and went with Ross to supper—we bade him good-night, but he would go with as—he wanted to stop and sleep at Ross's, but she said he could not—he then took a knife, cut his bag open, took out the shells, and gave her some and me some—I said I would leave mine there till the morning—I then went to go home—I met him again on my way; and in going through the church-yard, he asked me to let him leave his bag at my house—I said he might, and I gave him my direction—he brought it, and wanted to stop there, but I would not let him—when he came in the morning he missed the shells—I asked him if he knew where he had left them—he said no—I took him to Ross's, and he accused me of taking his money, which I know nothing about, nor yet of the clothes, only that he brought them to my house. Ross's defence . What she has stated is the truth—I never saw any sovereigns, nor any thing more than the shells—he gave me half-a-dozen of them, and told me, he would give a crape-shawl and a coral-necklace to stop with me—I said he could not—he went out, and Mrs. Leech went after him—the watchman came to my house, and saw the shells—he took them to the sailor; and then he came and said, "Where are the others?"—I said, "What is freer than a gift?"—I went up-stairs, and fetched the other shells down, which he had given me. PATRICK HURLEY re-examined. Q. Did Ross say that the shells which were missing had been given her the night before by the sailor? A. No: the prosecutor described Leech's person to me, and I knew where she lived—Ross lives about three-hundred yards from Leech—Benny did not point out Ross's house to me, but Leech did. Cross-examined. Q. How long from the time of your finding the shells on the chair, was it before the other shells were found up-stairs? A. Not a minute—she first denied it, and then she went up-stairs and brought them in a piece of cloth. COURT . Q. You said "paper" before? A. It was a white woollen cloth. PETER INCH . I am a watchman. I saw the prosecutor on the morn ing of the 24th of July, at a quarter after five o'clock—he gave me this shawl—he said he had lost seven sovereigns, a bag of clothes, and a basket of shells—I had seen Leech the night before, in Powis-street—she had a bundle with her, which looked like clothes—I did not say any thing to her, as I knew her—the bundle was something like this, and seemed very heavy—there was another young woman with her, but no man—she was going up the street, not towards her own house. Cross-examined. Q. Was Ross the other young woman who was with her? A. It was about her height—I cannot say it was her—I do not know the marine—he was in bed with Ross, when I went to the house. Ross . He was the man who carried the bag, as the prosecutor was so drunk he could not carry it—he was rolling about the street, with his coat and waistcoat all open, and he broke a glass, he was so drunk. EDWARD BENNY . It was about eleven o'clock when I lost my bundle—it might be a little later—the shops were shut—it was not in the church-yard I lost my bundle. but in the street. PATRICK HURLEY re-examined. I should know the marine if I were to see him again. I have not seen him since—he was in bed when I went to Ross—the prosecutor did not mention him, or I would have taken him. ROSE— NOT GUILTY . LEECH— GUILTY . 1903. MARY ROSS and ANN LEECH were again indicted for stealing, on the 23rd of July , 1 bag, value 1 s .; 9 pair of trowsers, valne 11 s .; 10 round frocks, value 11 s .; 1 pair of shocs, value 1 s .6 d .; 1 pair of stockings, value 6 d .; 1 jacket, value 1 s .; 1 waistcoat, value 1 s . 6 d .; 118 sbells, value 12 s .; 1 needle-case, value 6 d .; 1 smelling-bottle, value 6 d .; and 12 quaills, value 6 d .; the goods of Edward Benny . EDWARD BENNY . On the 23rd of July, I was just getting out of one of Mr. Barke's vans at Woolwich, and I saw the two prisoners standing at the Ship Tavern—they asked me to give therm somthing to drink, and we had some gin—we them went out together, and fell in with the marine—I had this bag with me, containing the articles stated—Ann Lcech car ried my bag first, and the marine took it of her—we went to the White Lion, and had two half-pints of run and shrub, and Mr. Banister said, "Let this young man stop here, or let him leave his bag"—the marine said, "No, he is a shipmate of mine, he shall go with me"—he went out with the bag, and I followed him, and the prisoners followed me—Ross went on one side—Leech stepped up to me and said she wanted some money for supper—she then put her hand into my pocket, took out my money and started away—she took the bag off the marine's shoulder and ran away with it—they all ran away—Ross was not above twenty yeads from Leech—Ross did not do any think towards taking the bag—I ran after them, up Mr. Comber's-alley—I staid in the church-yard till four o'clock in the morining—I found this shawl in my pocket, which Leech thrust into it—I went the next mprning to the house where Leech was—I there found the bag—it had been cut open with a sharp knife, or some thing—the clothes were out and the shells also—she said she knew the person who had the aheels, that it was Mary Ross—we went and found them there. Cross-examined by MR. DUNBAR . Q. Had you any supper that night? A. No; none at all—I did not see any beer—I was sober—when the marine said I was his shipmate I did not contradict it—I was not drunks—I did not say that I had engaged him to carry my bag to where I had agreed to stop that night—I should have given the prisoners into cus tody, if I could have caught them—Ross was walking along when Leech was talking to me—we met the marine just by the old chapel—I told Hurley of my loss in the morning, and I said there was a marine, but I could not swear to him—I saw a marine the next morning at Ross's—I could not say it was the same—I went before the Magistrate the same day—I had done duty with marines—I did not go to the depôt, or to the barraeks to have him given up—the marine was present when the shells were given up. COURT . Q. How came you not to state, that the marine carried your bag? A. I told Harley of it. I did not state that I had but 3 s . 6 d . in my pocket—I did not say at Banister's, "That man is no shipmate of mine;" or, tell him to leave my bag alone—I followed him, and the pri soner followed me. PATRICK HURLEY . I went to see Leech's house the following morn ing—I knocked at the door—she looked out of window, and asked what I wanted—I asked if she was in company with a sailor and another young woman over night—I asked, was she in company with her brother—she said she had no knowledge of a soilor, but was in company with another young woman; the soiler then stepped up—I said "Is that one of the party who robbed you of your money and property?"—he said, "That is the woman that robbed me"—she turned pale and said, "Sailor, I went a word with you"—she came down, and called the sailor in—I went; she said I was not wanted—I opened the door and went in—the sailor was busy gather ing up his cloths, and putting them into the bag—I discovered the rope was cut—I asked the sailor if all was there—he said no, a basket of shells was missing—I asked her if she knew any thing about the sailor's money and shells—she said she knew nothing about the moneys but knew the person who had got the shells, meaning Mary Ross—we went to Ross's house, knocked at the door, and went in—it was about ten o'clock in the morning—I found the basket of shells now produced, on a chair in one corner of the room—Beeny said there were some missing—I asked her if she knew any thing about the shells—she said knew nothing at all about them—she then made up her mind, and went up stairs, and called me up, and brought me a few shells in a piece of cloth, to the number of about a dozen—I brought them to the sailor, and they were all put into the basket—I discovered there was a marine in bed at the time—I never heard the sailor say any thing about any marine, till he went before the Magistrate, and he mentioned it there. Cross-examined. Q. Would you know this man again? A. If I should see him; we went to the Magistrate the same day—I was present when he stated that the marine was in company with him—she denied it at first—she desired that the constable might search the house. PETER INCH . On the night of the 23rd of July, I saw the prisoner Leech, with a bundle, in Powis-street—it was something similar to this one in size and apperance—it did not appear heavy—I have heard since I have been here, that the marine who was in Ross's house, has been drunk almost ever since she has been in prison—the marine was supposed to have the sovereigns. Cross-examined. Q. When did you get that inormation? A. Since I have been up here—I heard it on Thursday. Ross. All I saw the shells that he gave me in my own house. COURT to EDWARD BENNY . Q. Upon your solemn oath, did you go into her house at all? A. No—I did not give her my shells, nor allow her to take any. Ross. Q. Did you not say you would give me a crape shawl, and a coral necklace, and some shells? A. No; I did not. COURT . Q. Did you enter the loading of either of these women? A. No; I did not. Cross-examined. Q. Did you make an alarm? A. No; I ran after them—I did not see any one about till I saw Mr. Inch. COURT to Prisoner INCH . Q. At what time did he tell you? A. About a quarter after five o'clock—I went to Ross's house that instant by myself—it was all done before seven o'clock, and they were in the cage. COURT to Prisoner HURLEY , Q. What time was it when you went to Ross? A. About seven o'clock. COURT to EDWARD BENNY . Q. Did you meet any watchmen before five o'clock in the morning to tell your loss to? No; I did not see any body pass through the church-yard. jury Q. Did you go to sleep? No; I walked about—I saw the con stable, and went up to him. ROSS— GUILTY . Aged 30. LEECH— GUILTY . Aged 22. Transported for Seven Years . Sixth jury, before Mr. Common Sergeant. 1904. JAMES MOORE was indicted for stealing, on the 9th of July , 1 bird-cage, value 1 s .; and 1 bird confined in a certain cage, value 5 s .; the goods of John Wilkinson ; and that he had been before convicted of felony. JANE WILKINSON . I am wife to John Wilkinson, a sergeant in the Royal Artillery at Woolwich. I had a bird in a cage on the 9th of July—I missed it that afternoon about three o'clock—this is the bird and cage. JOHN ROWSELL . I am a dealer in birds. I sold this bird and cage to Stephen Phillips—I bought them of the prisoner—I gave him half-a-crown for the bird, and he sent a person up for the shilling for the cage—it was be tween two and five o'clock in the afternoon. STEPHEN PHILLIPS . I bought this bird and cage of the last witness. WILLIAM CHITTENDED . I produce the certificate of the prisoner's former conviction from Mr. Clark's office—the prisoner is the man ( read. ) Prisoner's Defence. That afternoon I was out of work, and was on the green where the men were parading—there was a young man with the bird-cage covered up in an handkerchief—he said he had a canary he would sell—I asked him what he wanted—he said, "Half-a-crown"—I thought I could sell it to this man, which I did—he was a perfect stranger to me. GUILTY . Aged 19.— Confined for One Year . 1905. JOHN MURPHY was indicted for an assault upon Catherine Follins , with intent to violate her. The prosecutrix did not appear. NOT GUILTY . 1906. WILLIAM MORGAN , WILLIAM HORTON , and THOMAS WILKINSON , were indicted for feloniously killing and slaying James Edwards ; upon which no evidence was produced. See Ninth Ses sion, page 490. NOT GUILTY 1907. JOHN CAIN and EDWARD JOHNSON were indicted for stealing, on the 9th of July , 1 iron chain, value 3 s ., the goods of John Alexander Burgess ; and that they had been before convicted of felony. JOHN ALEXANDER BURGESS . I lost an iron chain on the 9th of July. I live at No. 16, Cornwall road, Lambeth, Surry, near Waterloo-bridge—the policeman came to me about eight o'clock in the evening, and told me I must go to the station-house, where I found the chain. JOHN BOLTON . I am a servant, and live in Windmill-street. On the night of the 9th of July, I saw the two prisoners together, and saw Cain take the chain from Mr. Burgess's waggon, in Mr. Russell's field—he put it into Johnson's cap—when he saw me, he threw it under the waggon, and went away—Johnson was on the other side of the waggon—neither Cain nor Johnson had any cap on. ROBERT STARDLOW ( police-constable L 101.) I took the prisoners into custody in Russell's-fields. Neither of them said any thing about the chain—I found it in Johnson's cap—the last witness said it was in John son's cap. WILLIAM BOND ( police-constable L 134.) I have the certificate which I got from Mr. Clark's. I was present in May, when the prisoner, now in dicted by the name of Cain, was tried in the name of John Tucker—I was the officer who took him—( certificate read. ) Johnson's Defence. I never saw Cain till we were taken into custody. COURT to JOHN BOLTON . Q. What time was it? A. About eight o'clock in the evening. JURY to MR. BURGESS . Q. Is that a thoroughfare? A. No; but it is accessible to any one. CAIN— GUILTY .* Aged 16— Confined Three Months , and Twice Whipped. JOHNSON— NOT GUILTY . Before Mr. Justice Alderson. 1908. JOHN MILES was indicted for stealing, on the 6th of July , at St. Mary, Lambeth, Surrey , 41 forks, value 31 l .; 1 tea-pot, value, 5 l .; 1 waiter, value 2 l .; 1 fish-slice, value 2 l .; 53 spoons, value 25 l .; 6 ladles, value 4 l .; 1 skewer, value 20 s .; 1 cruet-stand, value 3 l .; 1 milk-pot, value 2 l .; 1 tea-pot-stand, value 2 l . 1 coffee-stand, value 15 l .; 3 coats, vlaue 5 l . 10 s .; 1 waistcoat, value 15 s .; and 1 bag, value 5 s .; the goods of Richard Baggallay , his master, in his dwelling-house. MR. CHAMBERS conducted the Prosecution . MARY JONES . I was in Mr. Baggallay's service—he lives at Camber well—the prisoner was in his employ—on the 4th of July, he had a dinner-party—the party was used that day for the party—on Monday, the 6th of July, I took the prisoner down one coffee-pot and a wine-cooler, which mistress had sent down to be cleaned—I laid them on the dresser, in his pantry, and told him what mistress had said—he said she might go and be d----d, he would not do it—at that time, I believe, I saw the whole of the plate on the pantry dresser—I saw both the tea-pots, and a number of forks and spoons lying on the dresser—I supposed the whole of the plate was there—there was a black coat and waistcoat of my master's, lying on the chair in the pantry—I went out of the pantry, and returned in about a quarter of an hour—the prisoner was not there—the plate, and coat, and waistcoat were also gone. ANN BAGGALLARY . I am the wife of Richard Baggallay. Our house is in the parish of St. Mary, Lambeth—the prisoner was our footman, and had the care of the plate—on the 4th of July, I gave him some additional plate—I gave him a coffee-por, a dozen large forks, and a dozen dessert-spoons, all silver—on the Monday morning afterwards, I was standing at my bed-room window, between eleven and twelve o'clock, and saw the prisoner going out of our premises—he had a carpet-bag on his back, and a drab coat under his arm—I believe it was his livery-coat—the bag appeared quite full—he went towards London—soon after that, I missed from the pantry the coffee-pot, about four dozen spoons, a tea-pot, and other articles, worth considerably more than 5 l . Cross-examined by MR. CLARKSON . Q. How long had he been in your service? A. Between three and four months—we had a good character with him. JOHN ROE . I am a police-officer. On the 21st of July, I went to Rateliffe-highway, and saw the prisoner there—I followed him to near Union-hall—I then went up to him, and said, "Miles, I am sorry for your situation"—his answer was, "It is a sad job, I have robbed a very good master"—I asked him how much he had disposed of the plate for—he said, "For 14 l .; "that he had disposed of it to a Jew, but who he was he did not know. Cross-examined. Q. Had you said that it would be better to tell the truth? A. No, I had not: he seemed to be very penitent, and went about with me three or four days to endeavour to find the person to whom he sold them. ROBERT DAWSON . On the 9th of July, I was in the service of Maunder and Co., pawnbrokers, Upper East Smithfield, when the prisoner pawned a great-coat, which I produce—it had new buttons on it, as it has now—he called again on the 17th of July, and pledged a black coat and waistcoat for 32 s ., with one of the young men in my presence—I produce it—I can swear to the prisoner. MR. RICHARD BAGGALLAY . I have no doubt the coat and waistcoat are mine. Cross-examined. Q. You had a very good character with him, I be lieve? A. Yes; from Mr. Praed, the banker, in Fleet-street, whose sis ter he lived with for two years and a half. (William Kite, of St. James's-place, Hampstead-road; and Daniel M'Intosh, wheelwright, Swan-street, Dover-road; gave the prisoner a good character.) GUILTY . Aged 31.— Transported for life— Recommended to mercy by the prosecutor and Jury, on account of his character and contrition. First Jury, before Mr. Recorder. 1909. JOHN SLAITH was indicted for feloniously breaking and enter ing the dwelling-house of Josiah Lawrence , on the 19th June , at St. Mary, Newington, Surrey , and stealing therein 3 watches, value 30 l ., his goods. JOSIAH LAWRENCE . I live at No. 12 1/2, Bolingbroke-row, Walworth, in the parish of St. Mary, Newington. About eight o'clock on the evening of the 19th of June, I was in my back parlour—I had occasion to go into my shop—I observed the prisoner and another at the window—one of them had his finger through a hole previously made in the square—it was not the prisoner, but they were standing together—I went to the door quietly, and they both walked away together—I took hold of them, but could not told both, and the prisoner got away from me—I was more anxious to secure the other—I missed a gold watch, worth 16 l ., (it cost 12 guineas,)and two silver watches, worth 14 l .—one of them was worth 5 l .—were safe in the window at eight o'clock in the evening, five or six inches from the pane of glass—the glass was safe then—I observed the fingers of the other man through the hole—that attracted my attention—I found a hole in the glass on my return—I am quite certain of the prisoner being the man who escaped from me—?I never expressed a doubt of him—I said I would rather not swear to him once, because I understood there were two charges against him, and I had so much trouble in prosecuting the other man that I did not wish to have the trouble against, but I was quite confident he was the man—they were standing close together, both looking in at the win dow, and the other had his hand through the glass. Prisoner. On the 22d of July, I stood at my father's door, selling fruit, aud Attfield took me—the gentleman swore at the first examination that he did not know me; then said he had a doubt; but he would bring somebody who could swear to me—he brought two men who swore to me by my coat and height. Witness. I never expressed the slightest doubt of him—I said I had rather not swear to him, not wishing to prosecute; but I never said I could not swear to him—I produced witnesses at the office after wards who knew him—that was not from any doubt I had; but because I knew they saw the transaction. JOHN BUNN I live in Park-street, Camberwell. I was returning home with my wife about eight o'clock—I was in Bolingbroke-row, and saw Lawrence struggling with two men—one of them escaped—I saw his figure and appearance—the prisoner resembles the man who escaped in figure and resemblance—my opinion is, he was about his height, age, and figure—I did not see his face; he was dressed like that man. WILLIAM STEPHEN BLANCHARD I am an officer for the Court of Re quests for Southwark, and I live at Camberwell. I was in Bolingbroke-row, and saw the prosecutor bolding two men—I went to his assistance—I saw the person of the man who escaped, but not his face—I fully believe the prisoner to be the man, from his dress and appearance at the office WILLIAM ATTFIELD . I apprehended the prisoner, after a good deal of resistance, and took him to the office—I told him the charge—he said he was innocent, that he did not know where Walworth was, and was never there in his life. GUILTY . Aged 24— Transported for life . (See page 616.) Fourth Jury, before Mr. Recorder. 1910. HENRY CHARLES MASON was indicted for feloniously killing and slaving John Turner . MR. CAMBERS conducted the Prosecution. CELIA TURNER . I am the widow of John Turner. On the 17th of July, I was walking with him near the Obelisk, about twenty minutes be fore eight o'clock in the evening—We were crossing the road, and crossed from the Blind School, opposite the Obelisk, to go the Borough-road—I heard a cab, I turned my head round, and saw a cab coming at a furious rate—it was eight or ten feet off when I first saw it—I heard no cry of "Get out of the way," or any thing—when I turned round, and saw it before I could turn back again, and say, "Here is a cab," the horse hit my husband's head at the back, and drew him under the off-wheel, threw him down, and the cab went over him—the shaft struok me on the side of the head, and drove me from him—it drove him one way, and me the other—it bruished me in a terrible state, and cut my arm, which is plaistered up at the present moment—I fell, and was severely bruished—I became insen sible—I was carried into Dr. Hooper's, and when I recovered my senses, my husband was there, being dressed—he lived until the Friday following, (the 24th,)and then died—he was sixty-nine years old—the cab was going at a very furious rate—I do not understand at how many miles an hour—the prisoner was driving—he had no fare, and was on his driving-box. EDWARD COOK . I am a policeman I saw the prisoner and the cab—I saw the deceased and the witness crossing, just at the time—the prisoner hallooed, and the moment he hallooed the deceased was down on the road—when I first observed him, he was two or three Yards from the deceased—he was driving at the rate of about ten miles an hour—he called out just at the time I noticed him—I could not see whether he was trying to stop his horse—he called out, and I saw the old man and woman on the ground, knocked down either by the cab or horse—the prisoner then drove on to the stand, which is ten or fifteen yards off—I took his number, and re turned to the old man, who was lying on the ground, and the woman also—I helped the woman up—the man was taken off by another party to the doctor's, and we carried the woman there, to Mr. Hooper, a surgeon, in the London-road—the prisoner asked if the accident was serious—I re quested him to follow me to the doctor's, and he would see—he followed me without any compulsion—I should say he was in liquox—there was nothing to impede his view when he drove against the persons—the road was clearer than usual, from ten to fifteen yards every way. Cross-examined by MR. PHILLIPS . Q. Did you see the accident? A. I did—I did not turn round to a bystander, and ask what was the matter—I did not observe a one-horse chaise nearly running over the people—I do not believe one was there—I will swear there was nothing near the spot—there were two cabs on the stand he drove to—I saw no one-horse chaise—this is a very great thoroughfare, but I observed nothing near the spot—it was about half-past seven or twenty minutes to eight o'clock—it was as light as it is now—there might have been something right and left, but there was nothing near—I heard the prisoner halloo out, but it was a very short warning—the horse did not appear to take fright at any shouting—I did not know the prisoner before. GEORGE MILES . I am a policeman. I was on duty at the Surrey Theatre on the 17th of July—I was coming from the Surrey Theatre up to the corner of the gate, and saw the prisoner crossing the road in a cab, going towards the stand—I saw the deceased and his wife crossing—ther prisoner was going at the rate of about ten miles an hour—I did not see them knocked down, but I saw them after they were down, and assisted them—he was about thirty yards from them when I first saw him—I afterwards turned round, and found them on the ground—I picked the old lady up there was nothing at all passing between the prisoner and deceased—the prisoner followed us to the doctor's, after the accident—he appeared to be in liquor. Cross-examined. Q. Did not he come to the doctor's to see if the per sons were hurt? A. He put the cab on the rank, and came to the doctor's directly—he did not run away—I did not hear any shout—I was fifteen or twenty yards off. THOMAS MOORE . I am a policeman. On the 17th of July, I was on duty near the Obelisk, and saw the prisoner driving very fast—I saw him knock down Mr. and Mrs. Turner—I did not hear him halloo out myself—I consider he was driving at the rate of ten or twelve miles an hour, but I do not pretend to be a judge—I saw him afterwards—he was drunk—he drove on to the stand. ROBERT LITTLE HOOPER . I am a surgeon. The deceased was brought into my house—I examined him—I was not at home when he was first brought in, but I came in while my assistant and another surgeon were dressing his wounds—he had a large lacerated wound under his throat, another in his mouth, which bled profusely, and an extensive bruise on one cheek—he complained a good deal of pain in the side—he was taken home—I then examined, and found he had four ribs broken—I attended him till he died, which was eight days afterwards, form the injuries he received on that occasion—it was impossible he could live after sustaining such injury. DIMOND . I live in Little Windmill-street, New Cut, Lambeth. I was examined before the Coroner—One Friday the 17th of July, about seven o'clock in the evening, I was standing by the coach-rank in the Borough-road, and saw two old people coming from the Blind-school to wards the Borough-road, arm in arm—when they got two or three yards from the Blind-school, a chaise, with two gentlemen in it, called out as loud as they could for them to get out of the way, and the old people pushed back—that drew my attention to the way they were crossing, and when they got near the obelisk, I saw a cab coming from Westminster-road towards the Borough-road—when the cabman came within ten yards of them, I heard him call out "Ahoy," as loud as he could—the horse he had got seemed to spring forwards—the old lady seemed frightened and turned the old gentleman in a different direction, more towards the coach-stand than to the cab, which caused his back to be more towards the cab than his face—the shaft of the cab then struck the man somewhere in the back or ribs, and knocked him down—the man shoved the woman further away—I do not think the woman was struck at all, except the force of the shaft striking the man, caused her to fall—I am sure she was not struck at all—she appeared frightened, and was picked up by somebody—I should think the cab was going at about eight miles an hour—I am no judge of these things—when he hallood out, the horse seemed to go faster than before. CELIA TURNER re-examined. My husband died in consequence of the injury. I was struck with the shaft—it is palpable lies—I was struck in my side, which is bad now—I have not a doubt the shaft struck my head, and tore the crown of my bonnet off—my head was not cut, but bruised, with a great lump—I am quite positive the horse's head took my husband's head, and the shaft took my head, and knocked me down. R. L. HOOPER re-examined. She was very much bruised, and in great pain—she was bruised down the thigh and hip—her head was swollen—I think it very probable she was struck with the shaft. JURY to DIMOND ? Q. was the prisoner in liquor or sober? A. He got off the cab to come into the doctor's—he might have been drinking—he was sober as far as that—he did not appear the least intoxicated—he appeared sober—if I said he was drunk, I should tell a falsehood—I will say he was a little in liquor. ( Witness for the defence. ) WILLIAM PERKINS . I am a waterman, and live in Coronation-place, Borough-road. I saw two persons coming from the Blind-school, in the direction of Maitland's depository, Borought-road—they were very nearly run over by a one-horse chaise, prior to the accident—when they came about a dozen yards off the prisoner's cab, he hallooed out, "Ahoy"—in stead of looking towards the cab, they looked towards the coach-stand—the old lady had the arm of the gentleman, and instead of pulling him one way, she pulled him in an opposite direction—they cleared one shaft, and the other shaft knocked him down—the cab was going seven or eight miles an hour. MR. CHAMBERS . Q. How far was the prisoner off when he called "Ahoy?" A. About ten yards—when he hallooed, the horse took a greater speed, and I think caused the accident—I cannot say whether he was sober or drunk, for I had a troublesome horse to mind—I saw him get out of his cab, and go to the doctor's—he did not appear to me intoxi cated, but he might be—he assisted the woman to the doctor's shop—the prisoner attempted to pull up with all his might, and the horse took greater speed—I saw him try to check it—if the woman had not taken the wrong direction, the cab would not have touched her. (Terence Smith, of the Borough-road; Thomas Foulkes, wine merchant, London-road; James Green, corn-chandler, Borough-road; George Thun ley, livery-stable keeper, New-street, Newington; William Fuller, New-street, Kennington; Sirenus Herming, coach-builder, Westminster-road; Joseph Kipling, tailor, New-street, New Kent-road; and Benjamin Cooper, smith, Clapham; gave the prisoner a good character for humanity and steadiness of conduct.) GUILTY . Aged 30.— Recommended to mercy. — Confined Two Months . Sixth Jury, before Mr. Common Sergeant . 1910. PATRICK COLLINS was indicated for embezzlement. THOMAS BAMFORD . The prisoner came to my master's shop at New ington, on the 30th of July, he had fourteen pounds of tallow, and a gallon and a half of oil—they came to 8 s . 10 1/2d—I gave change for a sovereign—I gave him two half-crowns, and 6 s . 1 1/2 d .—he then asked me for change for a shilling, which I gave him, and he left the shop. Prisoner. I did not ask for change, it was a man who was there asked you. Witness. No, you asked me for it. CHARLES SERVANT . The prisoner was my apprentice. I sent him for two gallons of oil; he brought me back obly 9 s . 10 1/2 d . Prisoner. I asked for two gallons of oil, and he gave me what he did—and gave me only 9 s . 10 1/2 d . change—I went with my master to the shop—I offered tp be searched—I had only 2 d . about me. Witness. Yes, but I did not go to the shop for an hour after he had been home—he had been into the loft. Prisoner's Defence. He said, "I think you are obstinate, and have got the money"—how could I give it him if I had not got it?—he searched me, and found I had not got it, and then he said I had hid it—he knocked me about with a strap, and I took up a tool, but I did not threaten to do any thing with it, for I knew he was dangerous—he cut my head open once—he made a mistake in serving me the oil, and he will stick to it—I asked for two gallons of oil—I do not know what he served me. GUILTY . Aged 19.— Recommende to mercy. — Confined Three Months . Fifth Jury, before Mr. Sergeant Arabin. . 1911. SAMUEL KENDALL was indicated for stealing, on the 4th of August , 7 pairs of upper-leathers for boots, value 14 s .; and 9lbs. weight of leather, value 14 s .; the goods of William Trundle . WILLIAM TRUNDLE . I am a shoemaker, and live in Free-school-street, Horsely-down. The prisoner worked for me two years—I gave him seven pairs of upper-leathers, on the 4th of August, to put the bottoms on them, to make them into shoes—I gave him the soles and upper-leathers—he was my servant—I was to pay him by the piece—he never brought them to me—I sent after him—he sent me word that he could not bring them back, for he had sold them—I got a warrant, and searched Stacey's house, and found part of them. HENRY STACEY . The prisoner brought the soles and upper-leathers to my house—I gave him 1 s . 3 d . a pair for the upper-leathers, and 9 d . for the soles—he said he was short of money—I asked him if they were his own—he assured me they were—these are them. ( Property produced and sworn to. ) Prisoner. I never wronged him of a farthing—I have done wrong, but did not know what I was doing. GUILTY . Aged 49.— Recommended to mercy by the Prosecutor and Jury. Confined Six Weeks . Fifth Jury, before Mr. Sergeant Arabin. 1912. ALEXANDER WILLIAM KITCHEN was indicated for steal ing on the 20th of July , 1 half-sovereign, the monies of Richard Wallis Dare , his master. MARY ANN DARE . I am the wife of Richard Wallis Dare, a hosier and haberdasher, and live in Walworth-road. The prisoner was one week in his employ as a shop-boy—he had access to the till to put money in—on the 20th of July, I took a half-sovereign, at ten o'clock in the morning—I put it into the till and I missed it at five o'clock in the afternoon—there was a cash-bood and a memorandum-bood kept in the till—the half-sovereign was not marked, but it was the only piece of gold I gave change for that day. Cross-examined by MR. PHILLIPS . Q. Was your husband at home? A. No, he was in the country—there were two female assistants behind the counter, and a servant and the prisoner in the house—he had access to the till to put money into, and if he wanted change: I was in the shop the whole day, except at meals. TEMPERANCE JEFFEAY . I am in the prosecutor's employ. On the 20th of July, I saw the prisoner at the till, between one and two o'clock—he was looking over one of the account books—he took the book out of the till—I did not see him take any money out, but he might do so. Cross-examined. Q. Was the other young woman in the shop? A. Yes—I can give no reason why she is not here. WILLIAM COTTON . I am a policeman. I took the prisoner on the charge of taking the half-sovereign—he denied it—I asked if he had any money about him—he said, "No"—I searched him and found a cornelian heart, which he said he gave 3 s . 6 d . for; a pair of union pins, which he said he gave 5 s . 6 d . for; and a watch-guard—I asked where he got the money—he said he found a half-sovereign between the Elephant and Castle and Mile-end. Cross-examined. Q. You found he had no money on him? A. He had 1 1/4 d .—I did not search his box. NOT GUILTY . 1913. HANNAH JENNINGS was indicted for stealing, on the 11th of July , 1 set of fire-irons, value 7 s .; 1 counterpane, value 4 s .; 3 bed-gowns, value 3 s .; 4 handkerchiefs, value 4 s .; 2 sheets, value 3 s . 2 frocks, value 2 s .; 1 towel, value 1 s .; 1 pinafore, value 6 d .; 1 pair of stockings, value 1 s .; 1 bolster, value 4 s .; 2 pillows, value 4 s .; 2 plates, value 2 s .; 1 handkerchief, value 1 s . 6 d .; 4 yards of lace, value 2 s .; 1 shawl, value 1 s .; 1 table-cloth, value 1 s .; 2 frocks, value 2 s .; 1 blanket, value 2 s .; 2 petticoats, value 3 d .; 1 tea-pot, value 3 s .; and 1 basin, value 1 s .; the goods of Hyam Hyams , her master. HYAM HYAMS . I live at Waterloo-place, Lambeth, and am a tailor. The prisoner was my servant from February till she was taken into cus ody—we missed some things, but had no suspicion of her—on the 11th of July, she passed through the shop, and I saw some feathers fall from he petticoats—I then charged her with having robbed me—she confessed she had, and produced eight or ten duplicates—I gave her into custody. HENTRY GARRAD . I am a pawnbroker, and live in the New-cut. I produce a blanket, a sugar-basin, and several other articles, pawned at dif ferent dates, from April to July—part of them were pawned by the prisoner I know. BENJAMIN COLE . I am a pawnbroker. I produce a set of fire-irons and some other things, pawned by the prisoner. CATHERINE HYAMS . I can swear to all this property as my husband's. Prisoner. I had been in the workhouse four years, and was very much distressed. (Thomas Moriarty, and Mary Walls, a laundress, gave the prisoner a good character.) GUILTY . Aged 49.— Recommended to mercy by the Jury and Prosecuter .— Confined Six Months . 1914. FREDERICK BARR was indicted for embezzlement. BENJAMIN BOWN . I live in Princes-row, Kennington-cross. The pri soner was there months in any empoly, as errand-boy—it was his duty to receive money on my account, which he ought to pay me diectly. LYDIA GOULD . I bought coals of the prosecutor—I paid the prisoner 3 s . on the 21st of July, in the afternoon—he did not give me any receipt, but I am positive I paid him. BENJAMIN BOWN . He never accounted to me for this—he left me on the 22nd; and on the Friday following I went to Mrs. Gould's, to take half-a-hundred weight of coals—she said, "I will leave this; this is the first I owe you"—I then went to the prisoner, told him of it, and said we would go to Mrs. Gould, and clear it up—he went with me, and stood her and the servant out that he had not received the money—he has denied it all along—he had notice to leave me. THOMAS RATHBOURN . I am a police-constable. I took the prisoner. Prisoner's Defence. I know nothing at all of it—I went to this lady—she persisted in it, and next week he gave me into custody. GUILTY . Aged 18.— Confined Three Months . Fifth Jury, before Mr. Common Sergeant . 1915. LUCY PETHER was indicted for stealing, on the 12th of June , 1 sheet, value 2 s . 6 d .; 1 counterpane, value 2 s . 6 d .; and 1 coat value 7 s .; the goods of James Barnard Taylor . JAMES BARNARD TAYLOR . I empolyed the prisoner to nurse my wife—on the 12th of June I missed a counterpane—I received a letter con taining the duplicates of these three articles—they are all mine. WILLIAM CLAMP . I was in the service of Mr. Cole, pawnbroker, Waterloo-road. I produce a counterpane, a coat, and a sheet—the prisoner pledged the counterpane—the coat was sent by her, according to the state ment of the duplicate. Prisoner. I went to nurse her for 4 s . a week—I nursed her till she died—he asked me to stop and wash up the things, which I did—he used to go out and leave me never more than 6 d .—I told him I could not do it—he told me I must pawn the things to raise money. Witness. I never did give her authority to make up any money, or to pawn the things. Prisoner. I received two payments of him of 2 s .—I sent him word that I would get the things if he would send me the money he owed me—I never meant to steal. Witness. Yes, she did. NOT GUILTY . 1916. ELLEN TANDY was indicted for stealing, on the 9th of August , 1 hat, value 5 s ., the goods of Benjamin Nash . BENJAMIN NASH . The prisoner occupied a loading in my house. On the 31st of July I missed a pair of trowers, a waistcoat, and hat—this is the hat I missed—it had no business in her room—her husband lodged with her ROBERT IRESON ( police-constable N 125.) I was sent to search the prisoner's room—I found this hat on a top cupboard. Prisoner. I found the duplicate, and took it out of pawn. ROBERT IRESON . The prisoner said to me, "I confess taking the hat, but nothing else." Prisoner. I took hat and pawned it, and redeemed it—I meant to put it back again. ( The prisoner received a good character .) GUILTY . Aged 20.— Recommended to mercy by the Jury. .— Confined Fourteen Days . Fifth Jury, before Mr. Common Sergeans . 1917. ANN HARRIS was indicted for stealing, on the 1st of July , 1 handkerchief, value 2 s .; and 1 pair of half-boots, value 1 s .6 d .; the goods of Richard Toomer . MATTILA TOOMER . I am the wife of Richard Toomer. He keeps a lodging-house, at No.8, Garrett-lane, Wandsworth—the prisoner had lodged in my house, and quitted it on the 1st of July—I had seen the an articles safe in my house on that day—I went to London, with my brother; and when I came back, the prisoner and the things were gone. JOHN SAUNDERS . I am a pawnbroker. I took in this waistcost, this handkerchief, and these other things of the prisoner, to the best of my belief. Prisoner. I hope she will have mercy in consideration of my child. GUILTY . Aged 35.— Recommended to mercy by the Prosecutrix and Jury. — Confined Eight Days . Fifth Jury, before Mr. Common Sergeant . 1918. JOHN GILLETT was indicted for stealing, on the 30th of July , 1 pair of trowers, value 1 l ., the goods of George Bencroft and that he had been before convicted of felony. GEORGE BENCROFT . I live at No. 21, Broad-wall, Lam both, and am a lighterman. The prisoner came on the 30th of July, and slept in my room—I left my clothes there—the officer afterwards came to me, and I went to a pawnbroker's and found these trowers, which I had left in the room. FRANCIS BROWN ( police-Sergeant G 10.) I went the prosecutor to the pawnbroker's, and found these trowers—the prisoner had come to me in Bunhill-row, and said, "Have you seen any one inquiring for me"—I said, "No"—he said "You soon will; I have done a thing now that will lag me, and I give myself up to you—I have taken a pair of trowsers over the water—I went and got them." GEORGE GLADWELL . I produce the certificate of the prisoner's former convitction—I know he is the man ( read ). Prisoner. I had been from three weeks, and had no where to go. GUILTY . Aged 20— Judgement Respited. Sixth Jury, before Mr. Common Sergeant 1919. THOMAS THOMAS was indicted for stealing, on the 12th of August , 1 jacket, value 15 s .; 1 waistcoat, value 2 s .; and 1 cap, value 6 d .; the goods of Richard Williams : and that he had been before convicted of felony. JOHN WATERS ( police-constable N 116.) On Wednesday night, the 12th of August, I heard a cry of, "Thieves at the top of Mr. Williams's house," in Mill-lane—I went up and found the prisoner stowed away in a hop-bin—he had this cap in the bin, which he claimed for his own, but it was claimed by Mr. Williams—these other things were found on the top of the house. MORRIS WILLIAMS . I found the jacket and waistcoat on the top of the leads—I did not see the prisoner. ANN PATERSON . I am a servant in the house. This property is Mr. Richard Williams's—I had removed these things out of one room, and put them in the lobby—some one took them to the roof of the house. THOMAS PROSSER ( police-constable M 128.) I produce a certificate of the prisoner's former conviction ( read )—he is the same man. GUILTY . Aged 55.— Transported for Seven Years . 1920. MARY LEADER was indicted for embezzlement; and that she had been convicted of felony. MARY ANNIRS . I am mistress of Southwark farm-house. The prisoner was there, and I sent her to Mr. Betts's on the 21st of July, to get change for a sovereign—she did not return. THOMAS BATT . The prisoner had been in the habit of coming to me for change; and, on the 21st of July, she came for change for a sovereign, which I gave her. MARY FRANCIS . I went after the prisoner—I asked if she had any money about her—she said no, she had lost it—I told her she had been and got the change—she then said she lost part of it. Prisoner. Did I not say I had got 10 s ., and I would return to the pro secutor, and give it to her? Witness. No such words were mentioned. JOHN HUGHES . I met the prisoner in Back-lane—she took me to the Jolly Sailor, and then to the penny play—we then went down a lane—I missed her, and found her in custody of the last witness. GEORGE LOCK ( City police-constable N 12.) I produce a certificate of the prisoner's former conviction—I know she is the person ( read .) Prisoner's Defence. The prosecutor gave me the sovereign—I got the change, and a man ran against me, and knocked the silver out of my hand—I lost some, and would not return home for fear she should say I had stolen it. GUILTY . Aged 18.— Transported for Seven Years . Sixth Jury, before Mr. Sergeant Arabian . 1921. SAMUEL HOOD was indicted , for that he, on the 10th of August , knowingly and feloniously did send to Sir Alexander Hood , bart., a letter demanding money from him, with menaces, and without any rea sonable and probable cause. MR. CLARKSON conducted the Prosecution . SIR ALEXANDER HOOD BART . On the 10th of August I received this letter, at Mr. Green's hotel. Prisoner. Q. Are you not aware of my relationship to you? A. No; I am not aware that you had any expectation from Lady Briport—you have received money from me—you wrote me a begging letter—I received a letter from my relations at Brighton, and in consequence I wrote this let ter to Mr. Green, from Wooton—I know nothing about your letter to my sisters and my mother—I know you applied to them for money, and was troublesome at the door. COURT . Q. You are doubtful whether he is any relation to you? A. It is impossible that I can say—I thought him a dissolute person—he has had money from me and my family, but was never acknowledged as a relation. JAMES GREEN . I am the proprietor of Green's Hotel, in Serie-street—I received this letter from Sir Alexander Hood—the prisoner came to my house on Monday week, he wished to have the letter read, and my eldest son began to read part of it, and the prisoner said, "Read the whole let ter, I will go down and horsewhip Sir Alexander well, and after I have done that, I will shoot him, I will blow out his brains"—I did not give him into custody then, but I was sorry that I did nosy—he came again on the Wednesday and I gave him in charge—I had five him money, by direction of Sir Alexander's family, and had he conducted himself properly he would have had more—I know his handwriting—this letter and the envelope are both his writing. Prisoner. Q. Have you given me money for Sir Alexander Hood? A. Yes; and I think more than once—and I have given you money from Lord Hood—you many times conducted yourself very improperly at my house; I thought at one time if you could have got a knife I should have felt it—I have seen your writing more than once, and I remarked to my family that you wrote a good hand. THOMAS READ . I am a clerk in the Twopenny Post-office—this letter is addressed to Sir Alexander Hood, Brunswick-terrace, Brighton—it was put into the twopenny post in Blackfriars-road, on the 10th of August, and taken to the Twopenny Post-office; it was then transferred to the General Post, to be forwarded to Brighton—it has the regular post-mark on it. WILLIAM BOKENHAM . I am a clerk in the General Post-office—this let ter was duly forwarded to Brighton by the post-office—it has the London post-mark on it—I have no doubt it went in its regular course. THOMAS JONES . I was in the service of Sir Alexander Hood on the 11th of August—I was with his family at Brunswick-terrace—I received this letter on the 11th, and paid 1 s . 5 d . for it—it was forwarded to Lady Hood, and she forwarded it to Sir Alexander. ( Letters read. ) "Sir Alexander Hood is sorry to trouble Mr. Green upon the subject of that worthless person, who has been such a nuisance to his family, Samuel Hood. He has been to Brighton and alarmed Sir Alexander's family in his absence, and fortunately no gentleman being then present to advise them, he was not placed in the hands of the police; but they were induced by threats to say in writing that something might be given him through Mr. Green. His apparent desire was to go to Spain; if, therefore, he should put himself under the command of an officer in that service, Sir Alexander requests Mr. Green will advance to such officer, or acknow ledged Spanish agent in London, to be paid only when he is in Spain, and then only for clothes and necessaries, five pounds; but on no account to himself; and sir Alexander will, immediately upon Mr. Green's having done so, send the amount. Sir Alexander thinks it advisable to have him watched by the police, and requests Mr. Green, if he is on the same opinion, to mention the name of some vigilant person of that description to whom he may write to take him up if he comes into the country again, obtaining money under false pretences and threats. The five pounds can only be paid through one of the established agents, so that there may be no cheat ing. The person is no relation of Sir Alexander's us he calls himself,—Wooton, Glastonbury, August 10." ( The prisoner's letter was then read .) "Green's Hotel, Monday, August 20, " SIR , I have just read your infamous epistle to Mr. Green. This is the second time you have endeavoured to swindle me out of what you pro misled in writing, which I can, and will produce to the world, Shame! Shame! can you, Sir, stoop to deceive and defrand a distressed relative! 'If you call on Mr. G. in London, you shall have some money.' When I get there, I find I am to go to Spain—and when I should have got there, I should find Sir Alexander's word as much respected as it was at London. You have deceived me once before this, when you sent me to Plymouth, there years ago. You shall not, I swear by the great God of Heaven, deceive me again with impunity—no, you have goaded me to des peration by insult, deception, and falsehood. Perish I must, for I have no means of existing; but you, Sir, who promise but to deceive, shall not live to exult over my misfortunes. Were I to go to Spain, I should go as an officer, and the promise made to me, for your mother of yourself, must be fulfilled without conditions; the promise was made to me; on that I left for London. None but those lost to every feeling and prin ciple of honour and honesty, would thus basely, for the sake of a few pounds, forfeit their written pledge. I write to you once again, Sir, from here; and I now state to you that the assistance promised me at Mr. Green's, must be given without any conditions; and then Sir, neither you nor any of your family, will hear from me again. I wait until Wednesday morning. If I have not any communication at Green's, I will call upon you at Brighton. My doing so, will at least give me an opportunity to prove that I did not take advantage of your absence; and it will most likely give me an opportunity of stating publicly, that you (in my opinion, and in the opinion of many hundred others), either cajoled old Lady Brid port into giving you all her property, or made the will yourself; the world will then have an opportunity of knowing Sir Alexander's chartacter as it really is, not as it may appear at this moment, superficially. If the 5 l . promised is handed over to me, punish me for a perjured liar if I ever make an application to you again. I will call on Mr. G. on Wednesday morning, if I have no reply from him, I shall leave London directly for Brighton; that at least I may die at your threshould, the victim of your veracity and honour; but I will not die alone, worthless as you have dared to call me, I will prove that my carcase will be as valuable as the proud Sir Alexander Hood's. You drive me to madness, Sir, by your brutal and unmanly conduct. Why did your mother promise, if you or she intended to deceive? I wish to go to Spain, but not in the way you pro pose; I would much sooner blow your and mine own brains out, than submit to your ungenerous conditions! Why not have said at once, when I was at Brighton, that nothing should be done for me; why dishonourable cheat me into a belief that I should have it on my arrival in London; why inhumanely trifle with one who is almost starving—is this an aristocratic feeling? No; no man of honour would forfeit his word, even a trades man would have more honour than to shufile in the paltry was you have twice done with me. But rest assured, Sir, that I am not to be played with like a child. You have, by your insulting letter, roused feelings that even I regret to say, possess my wind in an excruciating degree. I repeat, Sir Alexander, that if you will allow the 5 l . promised to me, to be given to me on Wednesday next, that I will immediately embark for Spain, and never trouble you or your family again, and will give Mr. Green an un detain to that effect, viz. to leave England in three days from thence. I am sure, after the promise made to me at Brighton, it will be impossible for you to refuse compliance with this request; and if I do not fulfill it, punish me as I should then merit; but which I do not, I thank God, yet deserve.— SAM. HOOD . "Sir, If you will permit Mr. G to hand me over the 5 l ., I will engage to leave England in three days from that time, and give an acknowlege meant that the money is advanced to me for that purpose, and that purpose alone, and; not to be applied to any other than forwarding my departure for Spain; this Sir, will be sufficient, and will enable you to punish me as I should disserve, if I appropriate the money to any other purpose. To accept the money under your conditions, would be to blast my hopes and prospects at once, and I might as well stop and perish here, us go abroad without a hope of rising in my profession. I am Sir, your obliged, but cruelly treated relative, SAM. HOOD ." (The prisoner, in a long address, stated that he had made frequent applica ions for pecuniary assistance—and that upon hearing the letter produced, read to him, to Mr. Green, he had written the one in questioin, under a state of great excitement, which he now regretted.) GUILTY . Aged 26.— Recommended to mercy by the Prosecutor and Jury. Transported for Seven Years . 1922. SARAH WILSON was indicted for a misdemeanour. MR. CHAMBERS conducted the Prosecution . SAMUEL WATKINS . On the 17th of July, I lived with my father, at the Golden Last, Compton-street, Borough—I saw the prisoner there that even ing—she asked me for a glass of ale, and offered a bad half-crown—I put it into my mouth, and broke it in half—one of the halves dropped out of my mouth, and I lose that, but I kept the other—this is it—I called an officer, and gave the prisoner in charge—I heard her say she was not such a bad hand as to carry more than one piece at a time—that was when I asked her if she had any more about her. Prisoner. Q. Did you not put the half-crown into the till? A. No. JOHN MILLER ( police-constable M 24.) I was called and took the pri soner—I received this part of a half-crown from the witness—as I was taking the prisoner to the station-house, she said Mr. Powell was a parti cular friend of hers, and he could not hurt her for one piece—when she got to the station-house she again said Mr. Powell was a particular friend of hers—she had known him a long time, and she knew he could not hurt her—she was searched by a female, and a farthing found on her. Prisoner. He has sworn falsely—I never said such a thing—I was not aware it was a bad half-crown. MR. JOHN FIELD . I am inspector of counterfeit coin to the Mint—this is part of a bad half-crown. GUILTY .— Confined One Year . 1923. JAMES WHATES was indicted for a misdemeanour. NOT GUILTY . 1924. JAMES BALDERSON was indicted for stealing, on the 6th of August , 1 leather strap, value 3 s ., the goods of William Padgett . THOMAS RUSSELL . I am ostler to Mr. Padgett, of Barnes. On the 6th of August, there was a fire, and the prisoner who was the policeman, was taking care of some goods—I saw him take this leather strap, and put it round his middle. Cross-examined by MR. CHAMBERS . Q. What time was this? A. About six o'clock—he still stood watching the property—this is not worth above 1 s . or 1 s . 6 d .—there was property worth ten times as much—there were other persons about—the prisoner went away with the strap. WILLIAM PADGETT . I am landlord of the Old Red Lion, at Barnes. This strap is mine. JOHN PAYNE ( police-serjeant V 11.) I know the prisoner; he has been about nine months in the police—he was in my section—on the evening after the fire, he came to the station-house to go on duty—he said nothing to me about a strap—his conduct was perfectly pro per—I took him into custody—he said he knew nothing about the strap—I searched his place—he took me to his place and gave me this strap, with several others, and said they were all he had. NOT GUILTY . Fifth Jury, before Mr. Recorder . 1925. JOHN BODGER was indicted for embezzlement. MR. CLARKSON conducted the Prosecution . GEORGE GURNEY . I live at the Feathers public-house, Lambeth. The prisoner came into my service in July, through an advertisement—he was authorized to receive monies from my customers—his duty was to put them into the till—he had no authority to appropriate them to his own use—he came I think, on the 4th of July—I had seen something that created my suspicion, and my till did not answer my expectations—it was 5 l . a week short—Mr. Bridge is a friend of mine—on the 27th of July, he took two shillings out of his pocket, and marked them, and I marked them after wards—we made arrangements that he was to take some proceedings with regard to those two shillings—I saw him again, and learned that he had taken these steps with the two shillings—I examined the till, and found four sixpencees the first time, and one shilling after—there were neither of the two shillings that were marked—I had cleared the till of shillings be fore he came—there was no shilling put into the till, till Mr. Bridge came because I sotto next to the prisoner—I asked the prisoner if he had re ceiced one shilling of Mr. Bridge—he said yes, and he had put it into the till—I took him by the sleeve, and told h him to come into the back parlour, and sent for a constable to search him—he put his h and into his pocket, and pulled out twelve shillings—there were both the shillings among them which Mr. Bridge had marked—he said the money was all his own—he wished he might never move if it was not—the two shil lings were marked "N.B.," on the head, and a small "N." round the rim—I crossed the other side of the shilling right across—I have no doubt that the two shillings were the same that Mr. Bridge marked—I received these two marked shillings by direction of the Magistrate, and have had them ever sine—they were marked with a pin, I believe. Cross-examined by MR. DUNBAR . Q. This is a house of considerable business? A. Yes: there are different doors, and persons passing through—three servants in general have access to the till—my wife the ser vant, and John Whitman might go to the till; but they did not, for I stood by all the while—if any person came and asked for change, he might give them change our of his own pocket; but we do not allow it—I never put my hand into his pocket—I laid hold of him the same instant that Mr. Bridge gave him the shilling, before he got out of the house—I did not see him put the first shilling into his pocket—the constable searched his trunk—I think there were seven sovereigns in it—there were ten found in all, but I think two were on his person—the Magistrate allowed him to go without bail—he said the 10 l . was what he had saved form his former places, and the 12 s . he had worked hard for. NATHAN BRIDGE . I am a butcher and live at Lambeth. On the 27th of July I was applied to by Mr. Gurney—I marked these two shillings—I went to Mr. Gurney's bar between ten and eleven o'clock—the first time I called was for three-pennyworth of brandy for myself, and three-halfpenny worth of gin—I tendered one of the shillings to the prisoner, and received sevenpence-halfpenny in change—he took that from the till, and put the shilling into his pocket—I afterwards went again—I was present when the money was produced—the prisoner said it was his own. Cross-examined. Q. Can you distinguish these shillings one from another? A. I marked them nearly alike—this is the one I gave him the first time; it is marked plainer—the second was not quite so distinct as the other. THOMAS DUNN . I am the parish-constable of Lambeth. I was sent for to go to Mr. Gurney's—I went there, and found the prisoner in the room; and Mr. Gurney said, "I suspect my man has been robbing me; I wish you to search him"—I said to him, "What have you got in your pocket?"—he said, "Nothing, but my own"—I said, "Turn out your pocket"—he turned it out on the table—I found two marked shillings—Mr. Bridge, came in within a minute; and they picked out the two shillings—the prisoner said the whole of the money was his—I kept the shillings till the following day—they were then directed to be handed to the policeman—these are the shillings. GEORGE WILSON ( police-constable L 162.) I received the two marked shillings from the last witness—the money remained in my possession till the 5th of August—I then was directed by Mr. Trail to hand them to Mr. Gurney. Prisoner's Defence. The six pence that they said I took, laid on the counter—he took it up himself—Mr. Bridge had two three-pennyworths of brandy—I gave him sixpence out, which laid on the counter—Mr. Gurney came, and asked if he had paid—I said he had, and the one shilling was in the till—there was then six sixpencees, that one shilling, and half-a-crown—before Mr. Gurney sent for the constable he put his hand into my pocket, and took out the two shillings—he went into the kitchen with Mr. Bridge, and Mr. Gurney came out, and showed them to his wife—the money was all my own, and must have been marked afterwards. MR. BRIDGE re-examined. Q. Did you, in conjunction with Mr. Gurney, mark this money after it was turned out by the prisoner? A. Oh dear, no, I was not in the kitchen at all. MR. GURNEY re-examined. Q. Upon the solemn oath you have taken, did you take any part of the money into the kitchen, and mark it? A. No; he acknowledged taking two shillings from Mr. Bridge, and putting them into his pocket. (Robert Cole, assistant at Horsemonger-goal; William Call, of Gibson-street, Waterloo-road, constable; Edward Tapp, Margaret-place, Gibson-street, fringe-weaver; and George Quadlin, milkman, gave the prisoner a good character.) GUILTY . Aged 22.— Confined Six Months . 1926. GEORGE WHITE and WILLIAM BURWOOD were indicted for piracy. NOT GUILTY . ADJOURNED TO THE TWENTY-FIRST OF SEPTEMBER .

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THURSDAY the 18th, FRIDAY the 19th, and SATURDAY the 20th of May. In the 11th Year of His MAJESTY'S Reign. BEING THE Fifth SESSIONS in the MAYORALTY OF THE Right Honourable Sir John Barnard, Knight, LORD-MAYOR of the CITY of LONDON. For the YEAR 1738. NUMBER V. LONDON: Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane. M.DCC.XXXVIII. (Price Three-Pence.) N.B. The Public may be assured, that (during the Mayoralty of the Right Honourable Sir JOHN BARNARD, Lord Mayor of this City) the Sessions-Book will be constantly sold for Three- Pence, and no. more; and shall contain the usual Quantity sold for Six-Pence for many Years past: And also that the whole Account of every Sessions shall be carefully compriz'd in One such Three-penny Book, without any farther Burthen on the Purchasers. THE PROCEEDINGS AT THE Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON, &c. BEFORE the Right Honourable Sir JOHN BARNARD , Knt. Lord-Mayor of the City of London; the Worshipful Mr. Justice PROBYN, Mr. Baron THOMPSON , Mr. Baron FORTESCUE , SIMON URLIN , Esq; Deputy-Recorder of the City of London, and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex. London Jury. Daniel Farmer , William Blackburn , Stephen Bainton , Joseph Pomfret , Charles Rivington , John Addy , William Parker , James Bonwick , Thomas Fawson , Thomas Bourne , John Wilford , Robert Viney . Middlesex Jury: Benjamin Timbrell , John Luttman , Robert Scott , William Barlow , William Antle , John Carter , Isaac Clark , Philip Speed , James Hasser , William Insley , William Campbel , Joshua Fletcher . 1. William Wall , of St. Paul Covent-Garden , was indicted for stealing 39 Guineas, the Money of Mr. Lane , in his Dwelling House , May 6 . Mr. Lane. On Saturday Se'nnight last I went out about some Business, from my House in Bow-street Covent Garden ; in the Evening I return'd Home, and missed 39 Guineas, which I had left in my Bureau. The next Day, (Sunday) the Prisoner who was then my Servant , went out, and not coming Home all Day, I began to suspect he had taken the Money. In the Evening the Man who keeps the Black-Horse Ale-house in the same Street, came and told me the Prisoner was at his House; that he came thither in a Hackney Coach, and had chang'd a Guinea to treat the Coachman and a Soldier who were drinking with him. When he came Home, I sent for Mr. Morris the Constable, who search'd him, and in my Presence took a Guinea out of his Shoe. He did not confess any Thing at this Time; but when he was before Colonel Deveil, he own'd he took the Money out of my Bureau; that he had bought a Gold Watch, which cost him 13 Guineas and a half; that he had spent some of the Money, and the rest was hid with the Gold Watch in a Vacuity between the Bricks, in the Necessary House at the Black-Horse; and according to his Confession, the Gold Watch and 13 Guineas were found there. Thomas Hancock , the Soldier. I live in St. Anns Westminster. On the 7th of this Month, about 7 o'Clock in the Evening, the Prisoner sent for me to drink with him; while I was in his Company he pull'd out a Gold Watch, I told him he had got a very fine Watch. Yes, says he, I thank God. I am in a good Way of living now. When the Reckoning came to be paid, he pull'd out a Guinea, and chang'd it; and the Landlord seeing he had a Charge of Money about him, perswaded him to go Home. All this Time there was a Hackney Coach waiting for him at the Door, and as he had this Charge about him, I went into the Coach with him, and we rode to Westminster-Abbey, where he treated the Coachman and I with another Pot of Beer. He told me, that neither the Money nor the Watch were his own; and I asked him how he could make bold with what was not his own? I hope, says I, all's well; yes, yes, says he, all's well, I know I must make it good again. From Westminster we rode to the Black-Horse in Bow Street, where he treated us again with Beer, and paid the Coachman half a Guinea for his Days Work. After the Coach was gone, he asked me to smoak a Pipe with him, and while I was filling one, Mr. Lane's Servant came in, and I went out of the Prisoner's Company. He had about 12 or 14 Guineas in his Pocket when he paid the Coachman. John Morris , Constable. On Sunday was Se'ennight in the Evening I took Charge of the Prisoner, and found a Guinea in one of his Shoes. Upon which he was carried before Mr. Deveil, and charg'd with this Robbery. At first he would confess nothing, so he was committed for farther Examination; but when he was brought before Mr. Deveil the second Time, he told us where he had hid part of the Money and the Watch, and according to his Direction, I found 13 Guineas, a Six-pence, and a Penny, and the Gold Watch, behind some Bricks under the Seat in the Necessary House, at the Black-Horse in Bow-Street He acknowledged at this Time it was his Master's Money, and that he had bought the Watch with part of it. He confessed the whole again on the Thursday following, and that he took the Money out of Mr. Lane's Scrutore. Luke Hollis . I carry'd the Prisoner that Day from Place to Place, and I observ'd he was full of Money, for as I was driving along, he call'd out, - stop, stop Coachman; I got down to see what he wanted, and found him picking up Gold from the Bottom of the Coach. Prisoner. I was in Liquor, and don't remember any Thing of it. Mr. Lane. He had been bottling some Ale that Saturday, if that Circumstance will be any Relief to him. The Jury found him Guilty , Death . 2. Robert Hunt , of St. George's Middlesex , was indicted for stealing a Brass Drudging-box, value 18 d. the Goods of John Bowers , Oct 1 . Mrs. Bowers. I keep a Publick House in Well-Close-Square , and wear a Gold Chain. He was drinking in the House in a Sailor's Habit, and while my Maid was gone to buy him some Tobacco, he got up, and came to me as I sat under my Clock, and swore he would have something or else he would blow my Brains out. Immediately he pull'd out a Pistol and shot me in the Arm; I kept my Bed 4 Months, and the Bullet is still in my Arm. My Maid was gone for Tobacco for him, and my Husband was then sick a Bed, so he got away, and took the Drudging Box with him. He was afterwards taken, and I was perswaded to let him make himself an Evidence, and he hang'd 2 Men at Guildford. I swear he took the Drudging box, and I have indicted him at Hicks-Hall for shooting me. Prisoner. Examine her Maid: This Woman took me up in the County of Surrey for this Fact. Eliz Cooper . I have liv'd with my Mistress Bowers 8 Years. She took the Prisoner to be a poor Man, so she let him lie 2 Nights in the House, and gave him Victuals. The 3d Night he came with the Man that was lately hang'd at Guildford; and the Prisoner said he would treat my Mistress with a Supper for her great Civility to him. After Supper he sent me out to buy him some Tobacco, and I was returning into the House, I heard the Pistol go off; I ran into the House, and saw the Box full of Smoak. Lord! says I, what's the Matter! Lord! says my Mistress, the Rogue has kill'd me. He threw his Arms about her Neck and would not let her come out of the Box, so I call'd him Rogue, and attempted to run up Stairs, but he then left my Mistress, and caught hold of me; he d - mn'd my Eyes, and said, if I spoke a Word he would kill me. However I got from him, and went out to call the Watch; the Flower-box was then standing upon the Table, but when I came back, the Prisoner was gone and that too. Prisoner. Did not I pull out half a Guinea to pay the Reckoning? Bowers. Yes. Prisoner. Yet the Maid swears the Mistress maintain'd me. Eliz. Symonds. The Prisoner took out half a Guinea at the white Table, and desir'd Mrs. Bowers to change it; immediately I heard the Pistol go off, and saw the Smother, and she cry'd out, he had kill'd her. Prisoner. Ask her whether she saw any Pistol, either upon me or my Comrade? Symonds. No, but I saw the Hole in her Gown Sleeve, and the Blood running about. Some Time after, - but not that Night, she said he had stole her Drudging box. Prisoner. They'll all swear a Cow's a House This Bowers keeps a Bawdy House. She took me up 3 or 4 Sessions ago; I made my self an Evidence before Sir John Lade , and hang'd my Comrade at Guildford. Jack Thrift the Hangman, - please to call him. - he knows I hang'd my Companion and another Man there, and now she thinks to hang me, - for her Drudging Box If I am to be hang'd for her Drudging-Box, what signify'd my making myself a King's Evidence. Daniel Malden who broke twice out of Newgate, was taken at this Woman's House. I own myself a Rogue before all the Honourable Court; but Jack Thrift knows I cast two Men at Guildford. I have paid many a Pound for frequenting this House, and if I was to die To-morrow, I never was guilt of so pittyful a Theft. She herself wanted to buy a Watch of me for her Husband. Tis a likely Story indeed - that I should shoot her, when I lodged in her House, and at this very Time there were People drinking there. Acquitted . 3. Honour Penery , was indicted for stealing a Brown Silk Gown, a Cotton Gown, two lac'd Caps, three Cambrick Handkerchiefs, a Holland Apron, a Cambrick Apron, and a check'd Apron, the Goods of Jane Ellard , in the Dwelling house of John Pullen , in the Parish of St. Bride's March 20 . Jane Ellard On the 19th of March I was going along one of the new Streets near Grosvenor-Square, and two Women came up to me from the other Side of the Way, and told me I had a mighty pretty Gown on; - pray, says one of them, what did it cost a Yard? I informed them what I gave for it; Oh! 'tis a sweet pretty Thing they said, - pray which Way are you walking? I told them I was going to look after a Place; they said I should have the Refusal of two or three very good Places, and if I would tell them where I liv'd, they certainly would come and give me Directions about them. I told them that I should be very much obliged to them, and that I lodged at Mr. Pullen's, in George-Alley , by the Ditch Side. The next Day as the Bells rung Eleven, they came up Stairs; I am very positive to the Prisoner; the other Woman that was with her pass'd for the Prisoner's Mistress. I asked them about the Place they were to help me to, but they told me they were Apprentices to Sir Isaac Newton , at Turnham-Green, and that they must first calculate my Nativity; so out they pull'd a great Book with Heads and Hands in it; they told me a vast deal out of the Book with the Heads and Hands in it, and said I must bundle up all the Things I had, - Rings, Money, and Cloaths. I have but little Money, says I, and I don't Care to bundle up my Cloaths, that can relate nothing to my Fortune, - that's quite silly, and if any body should hear this Business besides our selves, they would laugh at us. Well, they argued with me a great while, and said it must be done, and began to be angry because I would not do it. Why, - says one of them, suppose you were Sick, and a Physician comes and prescribes Physick for you, - if you won't take it, what Good can he do you? 'Tis all the same Thing, we can't pretend to do you any Good, unless you'il do as you are ordered. At last I bundled up all my Cloaths, and they went away, but they returned again, and asked me if I had done as they bad me? I said I had, and that I had put them in my Trunk. Then now, says the Prisoner's Mistress, - with the Blessing of God take them out of your Trunk; I did so: Now, says she, with the Blessing of God, get a Ha'p'orth of Brown Paper. I did not care to go for the Paper, so she went herself, and did up all my Cloaths, telling me they must be done up very close, and not a Breath of Air must come upon them. When this was done they bid me down upon my Knees and say the Lord's Prayer; I refused at first, but by fair Means and foul they made me at last say the Lord s Prayer. Then they bid me turn about and open the Windows, which we had shut, for fear any body should see what we were about. I opened the Windows, and in the mean Time they chang'd the Bundle, and left this in the Room of it, - 'tis full of nothing but Hay and Straw; my Bundle was made up exactly like this Bundle, and they carry'd it quite off. After they had put down this Bundle instead of mine, the Prisoner's Mistress said she must treat with me upon such a Spot of Ground, and bid me, - because it rain'd, - put on my Hat, least I should catch Cold. I went out with them as far as the Royal Bed, the Corner of Holborn, there they told me a young Man was to meet me, and would give me a Gold Ring, charging me not to look at my Bundle 'till Eight o'Clock at Night; at Eight o'Clock I found myself a great Sufferer by them, for all my Cloaths were gone, that I had worked for a great while. Some little Time after I got a Place at the Corner of Shoe Lane in Holborn, and about a Fortnight after I had been there, I saw the Prisoner go by the Door; I was so fluster'd, that I had no Power to get off my Chair, but by and by I saw her come past again; then I ran after her and begged a young Man to stop her, for she had robbed me. He call'd after her, Hark ye! Hark ye! - and stopped her. She was brought back to my Master's House, from thence she was carried to Guildhall, and so sent to Newgwate. Prisoner. It was not I that did this, my Landlady knows I never had any Companion belonging to me in my Life, nor did I ever in my Life see any Conjuring Book. Mary Lee . I can say nothing to this Fact, but the Prisoner robbed me of two large Silver Spoons, two small Spoons, two Gold Rings, and several other Things, exactly in the same Manner; I said the Lord's Prayer, and this was the Bundle she left me instead of my own. Prisoner. I am a Mantua-maker , and never kept Company with any other Woman in my Life. I am as innocent as the Child that is born, - and welcome is the Grace of God. Elizabeth Woods , Elizabeth Wheeler , and Elizabeth Whiting , never heard of the Prisoner's being a Conjurer, never heard Harm of her, nor ever saw any fine Book with Heads and Hands in it in her Custody. Guilty 39 s. [Transportation. See summary.] 4, 5. Mary Maunder and Mary Williams , were indicted for stealing nine Ounces of Scarlet in Grain Silk, value 17 s. and thirteen Ounces of Cloth Colour ditto, value 14 s. the Goods of John Ferrers and Eleanor Wagstaffe in their Shop , May 11 . Both Guilty 4 s. 10 d. [Transportation. See summary.] 6. Richard Scales , was indicted for stealing four Iron Bars, qr. 72 lb. value 14 s. the Goods of Crawley Hallet , April 13 . Guilty . [Transportation. See summary.] 7, 8. Thomas Wignal and William Shores , were indicted for stealing ten Pieces of Silk, val. 3 l. 10 s. and three Pieces of Linnen Cloth, val. 18 s. the Goods of Richard Stables , in his Shop , April 18 . Both Guilty 4 s 10 d. [Transportation. See summary.] 9. John Lewley , was indicted for stealing a Silver Watch, value 28 s. and a Pair of Silver Buckles, value 9 s. 6 d. the Goods of William Anderson , April 24 . Guilty, Single Felony . [Branding. See summary.] 10. Mary Mackensie , was indicted for stealing a Holland Shirt, value 20 s. the Goods of William Burgoine , May 1 . Guilty 10 d. [Transportation. See summary.] 11. Mary Seneca , was indicted for stealing a Silver Spoon, value 10 s. the Goods of Margaret Wilcox , April 15 . Guilty 10 d. [Transportation. See summary.] 12. Joseph Hodson , was indicted for privately stealing from the Person of John Pye , June 23 , a Promissory Note, No H. 229. and subscribed Daniel Race , on Behalf of the Governor and Company of the Bank of England, bearing Date June 2, value 500 l. by which Note the said Daniel Race, on Behalf of the said Governor and Company, did promise to pay to Nat. Bracey and Company, the Sum of 500 l the Property of John Pye, the said Sum of 500 l. being then unpay'd and unsatisfy'd unto the said John Pye. The Council for the King having open'd the Charge, the Witnesses were call'd. Mr. Pye. I receiv'd this Note, among others, on the 23d of June last, from Mr. Bracey 's, in Lombard Street; and being to pay some Bills that Day to Sir William Billers , and likewise to attend a Trial at Guildhall , I went first to Sir William's, but he unhappily was not at Home. From thence I went to Guildhall Coffee-House to meet my Attorney, who told me the Trial was put off, to the Week following; but Mr. Serjeant Hussey going by, Mr. Eustick, my Attorney presented me to the Serjeant, who told me, he hop'd it would be no Inconvenience to me, that the Trial was put off. Mr. Serjeant Hussey, desired Mr. Eustick to go into Court, and inform Mr. Serjeant Eyres that the Cause was put off. He went; and when he came back to us, he told us, the Cause was brought on, and the Jury were sworn. Upon this I went into Court; and before I went up to the Bar, I waited a while, in Expectation that my Servant would come, and I intended to have delivered him my Pocket-Book; but Mr. Eustick pressing me to come within the Bar before my Man came, I took it out of my Waistcoat Pocket, and thrust it down (square) into my Breeches Pocket, and button'd it in. Then I attempted to get thro' the Crowd, but I met with some Interruption. A lusty Man seem'd to jostle me, and something, - that lay upon the Ground, rubb'd against my Shins. I thought it had been a Dog, but I now believe it was a Man, upon his Hands and Knees. I got up to the Bar, and in five or six Minutes Time, the Trial was interrupted for want of Mr. Cantillon; I ran to call him; ('tis hardly a quarter of a Mile from the Hall to his House) and in coming back, I remember'd my Pocket-Book, and intended to have left it, at the Upper-End of Basinghall-Street; I felt for it, but there I found, that one of the Buttons of my Pocket was cut, or twisted off; the other unbutton'd, and the Pocket Book was gone. I immediately ran to the Bank to stop Payment; the Note (in Question at present) was for 500 l mark'd H. No 229. I had taken a Memorandum of the Notes, upon a bit of Paper, and this 500 l Note was payable to Nat. Bracey; who sign'd it, I cannot remember; but the Date was June 2d I walk pretty fast, and I am sure I miss'd it within a quarter of an Hour after I had button'd it up in my Pocket. I went no farther than from the Hall to Bartholomew-Lane End. Sampson Solomon. I have known the Prisoner about 7 Weeks, and no longer. About 7 Weeks ago, he gave me the Wink upon Change to follow him; I went after him into the Passage that goes out of Swithings-Alley into the other Alley. There he told me he had a Bank-Note of 500 l. to dispose off, and said I should speak to some of the Tip-top of our Nation, who had Dealings Abroad, and should tell him if any of them would buy that Note. I said, I don't doubt but I will help you to a Chap to dispose of it Abroad; when shall I see you again? Either To-morrow or next Days says he. He mentioned no Price this first Time of our Meeting. The next Day he met me according to Agreement, and we went to the Black-Swan Tavern in Bartholomew- Lane, where he asked me if I had got him a Chap? I told him, I had got him a Chap, (I believed) who would buy his 500 l. Bank Note, but (says I) they are People who are acquainted with the Nature of Advertisements, and they supposed there were more Notes lost with this at the same Time; I told him likewise, that the Gentleman who was to buy this Note, was desirous of knowing the Number of the Note. I had not spoke to any one about buying this Note, but I thought proper to tell him this, that I might get out of him the Mark and Number of it. Why, says he, I have not the Note about me now, but in a Day or two I will shew it you, and you may give your Friend an Account of it. At the Day appointed we met at the Black-Swan Tavern, and there he shewed me the real Note; I took Notice of the Number, No. 229. for 500 l. and asked him what he must have for it? The first Price he set was 300 l. Why, says I, this Note must go Abroad, and there must be prov'd - Value received; and all that meddle with it must get by it. Well, says he, I will take no less than 250 l. for it. And what must I have out of this, says I? You shall have 20 Guineas your self; so he was to have 229 l. for the 500 l. Note. I made no Words with him, because I never designed to get any Money this Way, else I believe I could have made him promise me 30 Pieces, but I did not design to deal with him all; I only intended to make what Discovery I could. When I had got the Number out of him, and had seen the Note, I was willing to take Time, so I told him, my Friend was gone to Bristol, and nothing could be done that Week; this was on the Monday, and I told him he would not be in Town till next Monday, because in that Time I thought I might find out who had advertised the Note; and I immediately told Aaron Polock of the Affair. (I forgot to tell the Court that I had asked the Prisoner how long the Note had been in his Possession, and he told me ever since June last,) I bid Polock find out the Person that had lost the Note, and let me know who it was. Mr. Polock found the Advertisement, and told me that Mr. Weston the Banker, and Mr. Fitzgerald in Basing-hall street wanted to speak with me. I went to Mr. Weston, and told him all that I have related here. This was on the Monday; Mr. Weston desired me to get the Note, and take the Man; so I went the next Day to Change, and the Prisoner being there, I shew'd Polock that was the Man who had the Note, and I order'd him to walk on the other Side the Change. Then I gave the Prisoner the Wink, and he follow'd me into the Passage that goes into Will's Coffee-House; I told him the Man was come to Town now; he said he was then going down to Gravesend, but he would meet me on Thursday. He did so, and we went again to the Black-Swan, he asked me if I could get him the Money that Afternoon? I told him it was not the Time appointed for the Payment of the Money, and the Gentleman was gone out to take a Ride; but however, his Time (I said) should be my Time. Upon this, he appointed the next Day, (Friday) for me to bring the Money, and he was to come with the Note upon Change about 10 o'Clock, because (he said) there would not be many People there, and he assur'd me he should have the Note in his Pocket. I had no sooner parted with him, but I went to Mr. Weston and told him I was to meet the Prisoner the next Day (Friday) to have the Note from him upon Change; and that Day he was taken. At this last Meeting, (Thursday) I began to be afraid he should suspect me, so I told him, if he car'd to go with me to the Union Coffee-House, he might (I believ'd) have the Money. No, says he, we'll refer it till To-morrow, there is so great a Reward upon it, that the Gentleman perhaps may Napp me. I ask'd him, why he did not go and take this Reward. Ask me no Questions, says he, if you can get me a Chap do; if it won't do for you, 'twill do for some Body else. Counc. Was you present when he was taken? Solomon. He was taken before I came upon Change. Mr. Polock, to whom I had shewn him, was there, and the Gentleman when they came, being assured by Polock of the Man, they seiz'd him. I was in the Room when he was search'd, and he deny'd that he had ever seen me before. Why, says I, we were together but Yesterday at the Black-Swan, I will not put it upon the Drawer to remember a Thing done many Days ago, but he can't have forgot that we had Half a Pint of Sherry, Yesterday. Upon this Mr. Fitzgerald and I went to the Black-Swan, and he asked the Drawer if he should know the Man that came with me Yesterday? Yes, he said, and when he was brought to the Prisoner, he knew him immediately I was at Guildhall when the Note was taken out of his Book, and the Alderman shewed it me, and I said, that was the Note the Prisoner shewed me before, as sure as there was a God in Heaven. 'Twas No. 229. for Five Hundred Pounds. Mr. Smart. This is the Pocket Book that was produced at Guildhall before Mr. Alderman Westley ; I have had it in my Custody ever since, I received it sealed up, but it was opened before Sir Robert Baylis to be shown to Mr. Pye. The Prisoner owned the Pocket Book, but denied the Note that was found in it. There was a good deal of Difficulty in finding it, but at last Mr. Robinson found it artfully enclosed in this Paper, in this Manner. I saw it taken out of the Pocket Book, and there were likewise some small Spring Saws taken out of his Comb-Case, which the Constable has now in Court. Solomon. This is the same Note which the Prisoner shewed me at the Black Swan. Mr. Pye. This is the very Note I lost the 23d of June. Counc. Prof. I think you said you ask'd the Prisoner how long the Note had been in his Possession. Solomon. Yes, and he said ever since June last. I told him it was not fairly got. No matter for that, says he. I said, you may open the Case to me, I won't betray you. Why then, says he, it was bit in Guildhall, without mentioning by whom. I declare nothing but the Truth, as God Almighty loves the Truth, and I am upon my Oath. Aaron Polock . On Friday before the Prisoner was taken Mr. Solomon informed me he was offered a Bank Note of 500 l. No. 299. I went to the Coffee House and searched the Papers, in one of which I found it advertis'd. I informed Mr. Weston of the Discovery the Prisoner had made to Mr. Solomon; and on the Tuesday following Solomon shew'd me the Prisoner upon 'Change. After this he informed me that he had promised to pay him the Money for the Note on Friday Morning. I acquainted Mr. Weston and Frizgerald of this Agreement, who ordered me proper Assistants upon 'Change, where I shewed them the Prisoner, and would have had them have staid for Mr. Solomon's coming before they took him, but when they saw him walking off, they would not stay for Solomon, (as I was positive to the Man) but followed him into the Passage that goes to Will's Coffee-House, where they took him, and carried him to the Crown-Tavern; then they sent for Mr. Weston and Fitzgerald, and the Prisoner was searched, but no Note was found; however, they carried him to Guildhall, where the Pocket-Book was produc'd, and the Note found in it, before Alderman Westley. John Giles . I am Drawer at the Black Swan Tavern, and remember, that on Thursday the 20th of April last, I saw the Prisoner and this Man (Solomon) there, and drew them Half a Pint of Wine. Richard Lawrence . I am Beadle of the Clothworker's Company, and was at the taking the Prisoner. We carried him to the Crown Tavern, and when Mr. Weston and Fitzgerald came, we searched him; he was very ready to pull out his Handkerchief, his Comb-Case and his Money; I searched his Coat Pockets, but found nothing; at last I found a private Side-Pocket on this Side of his Coat, and from thence I pulled out this Pocket Book, which I delivered un-opened to Mr. Weston and Fitzgerald; then I took up the Comb-Case, and observing a Sort of a Flaw towards the Bottom of it, I gave it a Knock, and out came a Steel Saw, upon this I asked Leave to break it open, they told me I might, and upon breaking it open I found three more, and they all seemed to me to be made of Watch Springs. Joseph Mowden . These are the Saws found in the Prisoners Comb-Case. Lawrence. This is the Comb-Case, and these are the Saws which I found in it. Mr. John Weston . I had Information from Mr Polock, that this Bank Note had been offered to Mr. Solomon for Sale; I told him it was the Property of a Friend of mine at Falmouth, and desired him to do all he could to get it; he brought Sampson Solomon to me, and I asked him why he did not. seize the Man, when he must needs have apprehended that he had stole it. Lord! says he, what could I do against so great a Man! He is as big as Goliah, and as strong as my Namesake. I asked him if he could procure the Note? No, says he, he is too crafty a Chap. I told him I would assist him, if he would let me have a Sight of the Man, and he promis'd I should; he has come two or three Times a Day to tell me what he had done, and the Day before the Prisoner was taken, he was with me twice, and told me he had appointed him to bring the Note the next Morning (the last of April) to him upon 'Change, in order to his paying him the Money for it. The next Morning (Friday) Polock came to me in a great Hurry, and told me (about nine o'Clock) I must come away that Minute, for the Man was then upon the Exchange. I desired him to stay till I put my Shoes on; then I went with him, and having planted some of my Servants, I asked Polock if he was sure the Prisoner was the Man? He said he was sure; upon whidh I was resolv'd to take him if he should attempt to go off, though Sampson was not yet come. We watched the Space of Half an Hour, and then the Prisoner went off the Exchange; we followed him, and in the Passage going to Will's Coffee-House, we took him; I squeez'd him hard by the Wrist, therefore he begged I would not use him roughly, and that he might be carried into a House. We carried him to the Crown Tavern, and gave Charge of him to two Constables; then I ordered my Servants, one on each Side to search the Prisoner's Hands. He behaved civilly, but we were determined to search him, and Mr. Fitzgerald went to enquire whether we could answer so doing. Upon his Return I bid Lawrence search him; he (the Prisoner) put one Hand into his Pocket, and threw out a Comb-Case, my Man took it up and looked at it; I asked him if he had not a Pocket Book? He told me he had; but my Man, eager in searching, pulled it out himself; I opened it, and the first Thing I cast my Eye upon was a Note of 45 l. this, says I, is not what I want; I saw a Piece of Brownish Paper fastened in, but I did not think the Note could have been concealed there, so I laid it down, and the Prisoner took it again and put it into his Pocket. My Man then took up the Comb-Case, and observing something to shine through a small Crack in it, he gave it a knock, and a small Saw came out, upon this we gave him Leave to break it, and found three more. This made us order the Prisoner to deliver his Pocket Book to the Constable, he took it and tied it up, and put it into his Pocket. Councel. Was you by when the Note was found? Mr. Weston. Yes. At Guildhall Mr. Fitzgerald took the Book from the Constable, and delivered to Mr. Robinson, who found this very Note concealed in the Brown Paper. Joseph Williamson , Constable. This Pocket-Book was delivered to me at the Crown Tavern by the Prisoner; I tied it up in the Presence of the Company, and delivered it un-opened to Mr. Fitzgerald at Guildhall, he delivered it to Mr. Robinson, who found the Note in it. Mr. Fitzgerald confirmed the former Witnesses, and proved the Note produced in Court, was the same which was found at Guildhall in the Pocket Book. Mr. Robinson. When the Prisoner was examined at Guildhall, Mr. Fitzgerald delivered the Pocket Book to me, and some Account being given of the artful Concealment of the Saws, I imagined it might be proper to search the Pocket Book more carefully; I therefore untied it, and the Prisoner said, if there was any Bank Note in it, it was not put there by him. I searched the Book carefully, and found this Note, folded up in this Manner. The NOTE. For the Governor and Company of the Bank of England. No. H. 229. I promise to pay to Nat. Bracey, Esq; and Company, or Bearer, on Demand, the Sum of Five Hundred Pounds. London, June 2, 1737. 500 l. Daniel Race. Enter'd E. Shenian. Mr. Ralph Morrison and Mr. Race, proved the Signing the Note. DEFENCE. Prisoner. The Night before I was taken I came from Gravesend, and got to a Friend's House about One o'Clock; about 7 in the Morning I got up, in order to find out a Man that owed me 45 l. I went upon 'Change between 9 and 10 to wait for him, and sat down upon a Bench; after I had sat some Time, I went out into the Passage to make Water, and they came and seiz'd me, they would not tell me what I was seiz'd for; I said, I hop'd it was not for Murder; no, said they, 'twas for something worse, for we have got a Jew to swear against you. As I use the Holland Trade, I might have put this Note off myself. 'Tis very odd that I should wink at a Jew, - a Stranger, - a Fellow that I never saw in my Life, to consult with upon this Affair. As to the Saws, the Man tool the Comb Case and turned himself to the Window, and then said he had taken them out of the Comb Case. Councel. To Mr. Pye. Was this Note ever satisfy'd? Mr. Pye. No, it has never been paid. Prisoner. 'Tis a little odd, that I should offer this Note to a Fellow all in Rags; for as I have Dealing over Sea, I had no need to undervalue it. Coin sent out of the Kingdom, I know is seizable, but a Bank Note I could easily have sent abroad. That Man (Lawrence) came to see me in Newgate, and brought me two Pieces of Beef, and a Piece of Bread, and told me he believ'd the Jew was the greatest Rogue of the two. Mr. Lawrence. I did carry him some Bread and roast Beef, and treated him with a Pot of Beer, because he was very poor; but so far from saying, the Jew was the greatest Rogue, I then told him, that I verily believed he was the Man that pick'd Mr. Pye's Pocket, and he cry'd about it most heartily. Humphry Ingram gave an Account that the Prisoner used to live at his House, in Bell Alley, Goswell-Street; that the 21st of April he came thither about one o'Clock in the Morning; that he had known him ten Years, and had an honest Character, as far as he knew. Elizabeth Price had known him about 12 or 13 Years; that his Business was selling Hollands, Lace, Muslin, &c. and that he bore an honest Character. Philip Collins depos'd to the same Effect. Thomas Loftos did not know him personally, but he had made Perukes for him, and he had been paid for them. Matthew Leman , William Blincoe , Francis Kelham , and Sarah Redhead , had known him, different Numbers of Years, and took him to be an honest Man. Samuel Thompson likewise declared, that he had known the Prisoner ever since he was 18 or 19 Years old, from his frequenting the Streets of London. That he went by the Name of Joseph Johnson , and that from a Lad he had been accounted a Pick-pocket. He farther said, that about the Time this Note was lost, he met the Prisoner and another Man coming out the back Way, as from Guildhall; that they went towards London-Wall, and that hearing in a publick House, the next Morning, that a Gentleman had lost such Notes in Guildhall, he then said publickly, he believ'd he knew who robb'd him; and that his general Character for 24 or 25 Years past, has been that of a Pick-pocket. The Jury found him Guilty . Death . 13. Joseph Hewet , of St. Leonard, Foster Lane , was indicted for stealing a white Persian quilted Coat, value 20 s. 9 Yards of blue Mantua Silk, value 36 s. 28 Yards of Burdet, value 46 s. 13 Yards of Cloth Camblet, value 10 s. and several other Things , the Goods of Charles Trapp , John Phipps , and John Henley , April 26 . Guilty 39 s. [Transportation. See summary.] 14. John Cann , was indicted for stealing 36 lb of Lead, value 5 s. fix'd to the Roof of the Chambers of John Jollisse , Esq ; May 10 Guilty . [Transportation. See summary.] 15. Mary West , was indicted for stealing a black Jack, tipp'd with Silver, value 5 s. the Goods of Terence Eavers , May 2 . Guilty . [Transportation. See summary.] 16. James Lashley Harrison , was indicted for stealing 18 lb. of Cheese, value 4 s. the Goods of Ezekiel Vanreyven , May 5 . Guilty . [Transportation. See summary.] 17. John Cugan , was indicted for stealing 2 Pieces of Rope, value 5 s. the Goods of the Master, Wardens and Assistants of the Guild or Brotherhood of the blessed and glorious undivided Trinity , William Martin , and George Read , in a Ballast Lighter, No. 53. upon the Thames , April 14 . Guilty . [Transportation. See summary.] 18. Thomas Cross , was indicted, for that he being a Person of a wicked and corrupt Mind, greedy of Lucre, &c. and unlawfully contriving and intending to cheat and defraud Benjamin Hoare , Henry Hoare , Richard Hoare , and Christopher Arnold , of a great Sum of Money, viz. 75 l. in Portugal Money, value 75 l. and to get and acquire to himself the said Sum of 75 l. the said Messieurs Hoare and Arnold, being then concern'd in Partnership, in the Banking Business, and keeping Cash, and also then keeping a publick Shop; on the 26th of Jan. in the Parish of St. Dunstan in the West, he the said Car, out of his wicked Mind, Intention, &c. made and forged, and caused to be made and forg'd, in the Name of William Payne, a certain Paper in writing, purporting a Note, Order, Power or Authority, in the Name of the said Payne, for Payment of Money, bearing Date, Jan. 12, 1737 . and directed to Messieurs Hoare and Company, in Fleetstreet, and authorizing them the said Benjamin Hoare, and Richard Hoare, and Christopher Arnold, under the Denomination of Messieurs Hoare and Company, to pay to Abram Irons , or Berer (meaning Bearer) the said Sum of 75 l. which said false and forged Order, is contain'd in the Words and Figures following. Jan. 12, 1737. Pray Pay to Mr. Abram Irons, or Berer, the Sum of Seventy five Pounds, and place the same to the Account of your Humble Servant, William Payne . P. S. 75 l. Portugal Money. Thereby meaning and intending, that they the said Benjamin, Henry, and Richard Hoare, and Christopher Arnold, should pay him the said Cross, the said Sum of 75 l. Whereas in Truth and Fact, the said Paper or Writing was never signed by the said William Payne, &c. against the Peace, &c. to the evil Example of others, &c. in Contempt of our Lord the King, and his Laws, and against the Form of the Stature, &c. 2. The Jurors farther present, that Tho Cross being a Person of a wicked and corrupt Disposition, and unjustly contriving, &c. to cheat and defraud Benjamin Richard, and Henry Hoare, and Christopher Arnold, of another great Sum of Money, viz. 75 l. in Portugal Money, and to get and acquire the same to himself, on the 26th of Jan &c. out of his wicked Mind, assisted in making, and forging in the Name of William Payne, a certain Note and Writing, purporting in it self an Order, &c. under the Hand of William Payne, bearing Date and directed, &c. (as above) &c. &c. 3. The Jurors farther present, that he the said Cross, being a Person of a wicked and corrupt Mind, &c. (as above) and wickedly intending to cheat and defraud Messrs. Hoare and Arnold, of another great Sum of Money, viz 75 l. in Portugal Money, and to get and acquire the same to himself, on the 26th of Jan. in the Parish and Ward aforesaid, did utter and publish a Paper in Writing, purporting in it self, an Order, &c. under the Hand of William Payne, &c. &c. Mr. Atkinson. On Tuesday the 10th of Jan. 1737. Mr. Payne paid into our Shop 340 l. I receiv'd the Money from the Prisoner at the Bar, in Mr. Payne's Presence. I am Clerk to Messrs. Benjamin, Henry, and Richard Hoare, and Christopher Arnold, who is in Partnership with Messrs Hoare. I gave Mr. Payne a Note for this Money that he might draw it out again. By vertue of this forged Note, 74l. was paid to Richard Car , who told me, when I paid him, that he liv'd in Covent-Garden, I know Mr. Payne's Hand, and am positive this is not his Writing; I have seen him often write, and when the Prisoner came with him and paid me this 340 l. I got Mr. Payne to write his Name in our Book, and the Prisoner stood over him while he did it. Prisoner. I desire Mr. Atkinson may be asked, whether Mr. Payne was not to fetch the whole Sum away again? And whether he was not told that he must not draw for it in small Sums? Mr. Atkinson. He was not forbid drawing for it in small Sums; I told him if he drew for it, he must draw for Portugal Money, he said, he should not have Occasion for it this Month or two, and that he should draw for it when he wanted it. Prisoner. I would ask whether he did not give Mr. Payne an actual Promissory Note for this 340 l. for Value receiv'd? Mr. Atkinson. 'Tis a common Thing in the Course of our Business to give Notes drawn on one's self, - I promise to pay to William Payne , &c. for Value receiv'd. Prisoner. Is Mr. Atkinson positive that I saw Mr. Payne write his Name in the Book? Mr. Atkinson. Yes, and the Prisoner look'd at the Book while I was making the Note for Mr. Payne. Prisoner. Did any one else hear Mr. Payne say he should draw for it as he wanted it. Mr. Atkinson. I don't know. We have two other Clerks in the Shop, - they might, - or they might not. John Crull . I know Mr. Payne's Hand; the Name at the Bottom of this Note (looking upon it) is a Counterfeit; and for a Counterfeit, 'tis the worst I ever saw in my Life. Mr. Parker. I know Mr. Payne's Writing; this is not like it. Robert Ramsay . I know the Prisoner very well. The first Time I ever saw this Note was on Thursday the 26th of Jan. last. On that Thursday Morning, Car (who was try'd last Night for this Fact) and I, met according to Appointment in Guildhall. As we were walking on one Side of the Hall, we met the Prisoner and one Sands. After we had talked together for some Time, the Prisoner drew this Note out of his Pocket, and said if you'll undertake to receive this Note, I can draw for Thousands upon others. I said it would be hazardous and dang'rous, and that I did not Care to undertake it. We consulted together about it, and at last it was agreed that Car and I should go to the Chevalier's Billiard Table in Moorfields, and we were to Play. While we were at Play the Prisoner was to come in as a Stranger, and was to challenge Car; they two were to play 'till the Prisoner had lost a certain Sum to Car; then he was to offer Car the Note, and to tell him he might go and receive that Note, and he would pay him what he had lost. The Reason of this Proceeding was, that if Car should be detected when he went with the Note, or should be call'd in Question about it, the Woman who keeps the Billiard Table should be a Witness for him. According to our Agreement, Car and I went that Day to the Billiard Table and play'd: In some little Time, the Prisoner and his Friend Sands follow'd us, and he, (the Prisoner) challenged Car to play; in about an Hour Car won 30 l. of the Prisoner, and then Car demanding the Money he had won of the Prisoner, he threw down this Note, telling him he had not Money enough about him to pay him, but he might take that Note upon Mr. Hoare, and he might go and receive it, and might pay himself. Car told the Prisoner it was Dinner Time; however, if he would go to the Three Tuns in New-Street, Fetter-Lane, and take a Dinner, he would go when he had din'd. Upon this, the Prisoner, I, Car, and Sands, went to the Three Tuns, and called for a Room, and (I think) we had Part of a Fillet of Veal for Dinner: Before we had half din'd, the Prisoner seemed uneasy, upon which Car said, - give me the Note, - I'll go, and Fortune be my Guide. The Prisoner gave him the Note, and he immediately went out with it; Sands followed him at a Distance, and if he should be stopped, he was to have come back and given us Intelligence that we might have made off. The Prisoner and I waited for Car's Return some little Time, then I began to be uneasy, so I went down to the Door where I met Car; he was come back, and told us the Business was done, the Note would be paid, only it wanted a little Thing, - called an Endorsement, and when that was done it would be paid. With Persuasion I wrote on the Back of the Note, - Abram Irons. Then Car took the Note and went with it again Sands, followed him at a Distance, I followed Sands and the Prisoner followed me; but before we got near Mr. Hoare's, Car was come out with the Money in his Handkerchief; upon this we went back to the Three Tuns, where Cross (the Prisoner) told Car he had made a Blunder, for he had brought but 74 l. instead of 75. Upon dividing the Money, a Dispute arose whether we should all be equal Sharers, and the Prisoner insisted upon it, that as we were all equally concerned, we should all be equal Sharers. Councel. When the Prisoner first produced this Note, did he do it as a real or a forged Note? Ramsey. He produced it as a forged Note, and told us he had paid Money in at Mr. Hoare's for Mr. Payne some Time before, but he did not mention the particular Time. Out of the Money received, we had each of us Five Three Pound Twelve Pieces, and some small Money, and the Prisoner had his Share. Prisoner. I desire he might be asked how long he has known me? Ramsey. I have been acquainted with him about ten Months; but the Time we all met at Guildhall, was in the Morning, Thursday the 26th of January last, as near as I can remember; I believe I may be very positive to that Day. Councel. Have you had any Conversation with the Prisoner since the Note was found to be forged? Ramsey. Yes; I met him at a Place called Eastham Boathouse, over against Liverpoole, and he told me he flew for fear any Accident should happen; he was afraid of Car (he said) more than of me. He did not know at that Time that he was described in the Advertisements, but I told him (at that Meeting) he was put in the Papers. Prisoner. Ask him why he left London with Car under Disguises. Ramsey. Because we were afraid of being taken for this Forgery. Prisoner. Ask him if he did not abscond on Account of another Note of 125 l. which they sent to Mr. Hoare's, and the Messenger was detected? Ramsey. I was concerned in the 125 l. Note, and Car who carried it was stopped, but I did not forge any of them, nor did I fly immediately; I did not abscond till Advertisements were put in the Papers concerning Mr. Hoare's being defrauded of 212 l. Mrs. Smith. I keep the Billiard Table (he mentions) I know both the Prisoner and the Evidence Ramsey; I saw them together at my House some Time in January, but I can't remember the particular Day. Mr. Car was there likewise at the same Time. Prisoner. Please to ask Mrs. Smith, whether Car's Sister did not come with her to see me in the Counter? And whether Car's Sister did not point to me and tell her, I was the Person that was to save her Brother? Smith. Car's Sister was with me there, and she said, - Mr. Cross, this is the Gentlewoman that is to save my Brother's Life; but I knew the Prisoner before she said this. Prisoner. What Cloaths had I on when I was at your Billiard Table? Smith. A Blue Grey Coat, and a dark short Whig, to the best of my Remembrance, but I can't remember the Day of the Week, nor the Day of the Month. Prisoner. Mr. Atkinson has sworn to Mr. Paine's Hand, and that he knows this was not his Writing. I desire he may be ask'd, how he came to be deceiv'd, and to pay this Note? Mr. Atkinson. I was in a Hurry, and had 8 or 10 People about me, and I don't remember that I compar'd the Hand with Mr. Payne's Name in our Book. I had given a Note for 340 l. to be drawn out, and I thought I might safely pay a Draught of 75 l. Edward Cotterel . I live at the Three Tuns in New Street; I have seen the Prisoner's Face, and I think I remember the Witness Ramsey and he were together at our House about four Months ago; there was four or five of them together, and I think they had Part of a Fillet of Veal. They came in about Eleven o'Clock in the Forenoon, and staid some Time, then they went out and came in again; they seem'd (all of them) to be in a Fluster, and I was afraid of losing the Silver Tankard and the Spoons which they had at the Table; I imagined they intended to steal the Plate, therefore I desired my Mistress to take Care of her Plate, for they went backwards and forwards and seem'd so fluster'd, that I did not like them. Two or three of them went out, and returned in a Quarter of an Hour. - I very much disliked their Behaviour, I remember. Mary Macey . I remember something of both their Faces, and that Cotterel told my Mistress he believed the Tankard and the Spoons were in Danger; he desired her to take Care of the Plate they were using; he attended them, and told her he did not like his Company, they seemed to be so uneasy. I remember this was in Jan. last. Robert Patterson . I know the Prisoner, and Ramsey, and Car. Ramsey and Cross the Prisoner I know are acquainted, but I can't say much to the Acquaintance between them and Car. I have been in Company with Ramsey and the Prisoner several Times about five or six Months ago, they were then young Acquaintances; I have not known any of them long, but at that Time I used to be often in their Company. Prisoner. Mr. Patterson is a Judge of the Game at Billiards, ask him if ever he saw me play at Billiards for any Money? Patterson. He was always unwilling to play for Money. [The Note was read.] Pray pay Mr. Abram Irons, or Berer (Bearer) the Sum of 75 l. (in Figures) and Place the same to Account of Your Humble Servant, William Payne. To Mess. Hoare and Comp. in Fleet-Street. To be paid in Portugal Money. Endors'd, Abram Irons. The Councel for the Prisoner observ'd, (on a Point of Law) that the Charge in the Indictment was laid for 75 l. Portugal Money, value 75 l. English. The Objection was, that the Note read in Evidence, was not agreeable to the Indictment. That it appear'd the Note under Consideration was payable in Portugal Money, which is not the current Money of this Kingdom. That the Indictment therefore was defective. And that it ought to have charg'd, - that the Defendant intended and design'd to have defrauded Messieurs Hoare and Company of so many Pieces of Portugal Money, value so much: But the Indictment charges the Defendant plainly, with defrauding Messieurs Hoare and Company of 75 l. which must be understood, 75 l. current Coin; whereas, the Sum of 75 l. could not be paid in Portugal Money; no Pieces of that Coin making exactly that Sum. The Councel for the Prosecution observ'd, that it was no Wonder a sinking Man caught hold of every Twig. That the Words of the Statute were, - if any Person should forge a Note, or Order, for Payment of MONEY, or Delivery of Goods, with Intent to defraud, &c. That Money is Money, tho' not the current Money of this Kingdom, and that the Word in the Act, was Money, generally. That it was plain, the Act made it a Crime to forge a Warrant, for the Payment of Money, (generally.) That Portugal Coin, was Money, (and the Value was right in the Indictment,) - therefore, the Indictment charged the Defendant, according to the Act, and the Evidence had sufficiently supported the Indictment. The Councel observ'd further, that it was impossible to have laid it, in any other Manner; for it must have been laid for either Money, or Goods; and that Portugal Money could not be consider'd as Goods, was evident; because no one could say, - Pray pay Goods. Therefore, it must be consider'd as Money. Mr. Atkinson. But I did not pay all the Sum in Portugal Money, there were 4 Shillings in Silver. It was farther observ'd, that a former Act calls it foreign Coin; that Coin is Money, not Bullion. That the Cheat was the same if in Portugal Money, or British Money, and that when these Pieces were exported, they were consider'd as Money, or Coin, not as Goods. That there was another Act, which restrain'd People from counterfeiting the foreign Coins, which pass in this Kingdom, in these Words, - viz. Be it enacted, &c. that if any Person shall forge or counterfeit any such Coins, as are not the proper Coins of this Kingdom, but permitted to be current, they shall be judged guilty of High-Treason; and They, their Abettors, Assistants, &c. being convict, shall forfeit, &c. as in Case of High-Treason. Prisoner. I shall call Witnesses to prove, that from the 20th of January, to February, I was out of Town. Richard Davis . But I can't be positive to the Day. I think it was about the latter End of January. I went into Wooburn, in Bedfordshire, in January, I think 'twas the latter End of the Month, and he was there very ill, and had a Doctor and a Nurse. I am his Taylor, and work for him. Councel. Has the Prisoner paid you any Money since January? Davis. Let me see, - yes, he paid me for making a Coat and Breeches, since that Time, - 'twas at Chester he paid me, - I can't remember the Time. Counc. What Coin did he pay you in? Davis. In Silver. Mr. Ford. The Prisoner calls me to shew, (I suppose) that on the 10th of January last, I had one Thousand Pounds paid to me, as a Trustee, for some particular Uses, by Mr. De la Hay in the City: and that I then had that Confidence in him, that I trusted him with a Bank Note of 500 l. to carry to Mr. Hoare, and exchange for a 400 l. Note, and a 100 l. Bank Bill. I did trust him, and 'twas this induced Mr. Payne to entrust him. The Prisoner liv'd with me about eleven Months, and during that Time I had no Reason to suspect him. He has left me now, and I will not impeach his Character. If I have Suspicions, they are out of the Case. Councel. Do you believe him to have been a faithful Servant to you? Mr. Ford. I have given him Money, while he was with me, to pay for Stamps; and since he left me, I have had a Bill brought in for them. He went away from me the 18th of January, on Account of the many Actions depending against him for Debt; he being disappointed of Money he expected to have received. I don't know where he has been since he left me. Henry Davis . About the Middle of January last, the Prisoner had the Misfortune to be arrested for 5.l was carry'd to a Spunging-House in Grocer's Alley. He sent for me thither, and I found Car and Ramsey with him. Among other Discourse, the Prisoner was mentioning what a large Sum he had been entrusted with the Day before, of Mr. Payne's, all in Portugal Money. Ramsey told him he was a Fool he did not run away with it. The Prisoner reply'd, he would not forfeit his Character for ten times that Sum. Patridge, Keeper of Chester Goal. About 6 Weeks ago the Prisoner was in my Custody, and behav'd well. Ramsey and Car I saw at Liverpool, they broke Gaol on Friday Night, and were taken again on Saturday Night. - Darnburgh. Ramsey, Peterson, Cross, and one Rosamond, with several of their Acquaintance, frequented my House in Arundel-Street. I never saw Car with them but once, and that was the Time the Advertisement came out, and he was in Fear I should take him. I never heard any Ill of them, 'till after Cross was gone out of Town. - Smallwood. I know nothing of this Affair concerning the Note; but I know Cross, he was some Time under my Care. I have had a liberal Education, and was brought up at the University, so I teach a School; and during the Time the Prisoner was with me, I look'd on him to be so honest, that I recommended him to Mr. Ford. Mr. Cecil. I knew the Prisoner when he liv'd with Mr. Pitt as a Footman, and the Family I believe always thought well of him, he liv'd with him about four Years ago. The Jury found the Prisoner Guilty of the Indictment. Death . 19. Richard Car , was indicted (in the same manner as above) for the same Fact, the Evidence against him was the same as in the foregoing Trial, and the Point of Law observ'd upon, was likewise the same. His Trial came on the Day before Cross's, and the Jury brought in their Verdict Special . The found the Facts as follows. That Richard Car on the 26th of Jan. last, utter'd and publish'd as true, the forged Note, set forth in the last Count in the Indictment, with Intent to deceive Messrs. Hoare and Arnold, of 75 l. That at that Time of uttering and publishing the same, he knew it to be false and counterfeit. That he, the said Car, by Vertue of that counterfeit Note, did receive of William Atkinson , then Servant to Mr. Hoar and Comp. the Sum of 75 l. being the Money of Messrs. Hoare and Arnold. That 73 l. 16 s. Part of the said Sum, was paid him in Portugal Coin, and the remaining 4 s. in current and lawful Money of Great-Britain, referring Points of Law to the Judgment of the Court. 20. John Brown , was indicted for stealing a Steel Hand-saw, value 4 s. and a Pannel Saw, value 4 s. the Goods of Isaac Bullock , April 17 Guilty . [Transportation. See summary.] 21. Samuel Walker , was indicted for stealing a Cloth Coat, value 1 s. a pair of Shoes, value 5 s. a silk Handkerchief, value 2 s. 4 Silk and Muslin ditto, value 3 s. and other Things , the Goods of Rowland Jones , and others, May 12 . Guilty . [Transportation. See summary.] 22. Richard Sanders , was indicted for stealing 11 Pewter Plates, value 6 s. and 3 Pewter Dishes, value 5 s. the Goods of John Malard , May 18 . Guilty . [Transportation. See summary.] 23. John Wisdell , and John Temple , were indicted for assaulting James Little in a certain Field and open Place call'd Constitution-Hill, putting him in Fear, &c. and taking from him a Silver Watch, value 40 s. a Guinea, and 24 s. in Money , Jan. 2 . * Wisdell was convicted for Transportation last Sessions, for stealing a great Parcel of Linnen from a Laundress at Kensington. James Little . A little after 9 at Night, May the 7th, I was going up Constitution Hill , and a Man turn'd short upon me, and said he wanted some Money. What then, says I, D - mn your Blood says he, I must have your Money, O! says I, I understand you now; and immediately another Man came up and cry'd, - D - mn him, drag him into the Grass, - stab him, or shoot him. They then dragg'd me into the Grass, and took from me a Silver Watch, a Guinea, and about 22 or 23 s. and some Half-pence. I gave them good Words, and desired they would not use me ill; then they demanded my Watch, and the String being broke, they compell'd me to take it out my self. They took my Money themselves, one of them rifled my Pockets on one Side, and the other those on the other Side. When they had done with me, they ran down the Hill towards St. James's-Park, bidding me Good-night, and I return'd their Complement. It was very dark, so I could not observe their Faces, so as to be able to swear to them, but I have great Reason to believe that Wisdell was the Man who was for stabbing or shooting me, because he confessed it in Newgate, and I remember they were both tall Men in Soldier's Cloaths. It being known that I had been robb'd by such Men, the Officers of the Guards sent for me next Morning, and when the Guard was reliev'd, they placed me where I might see the Men, and if I had known the Persons that robb'd me, they would have secur'd them; but I could not swear to any of their Faces. Some Time afterwards, I found the Watch in the Custody of one Burroughs, a Grenadier, and had it restored to me again. This is the Watch, and this is the Seal, but the Key has been mended while it has been out of my Possession. I went to Newgate just before the Beginning of last Sessions with Justice Blackerby's Clerk, and saw the Prisoner Wisdell; he confessed that he and one Wheatley robbed me of such and such Things, mentioning every particular Thing that I lost. I know nothing of the other Prisoner, (Temple) only he was the Man that sold my Watch to Burroughs. Wisdell has confessed the Fact to almost twenty People, and upon this Arraignment (as I am informed) he pleaded Guilty, but immediately retracting his Plea, he put himself upon his Trial. - Burroughs. The Prisoner Temple told me he had a Watch of a Countryman of his to dispose of, and it would be a cheap Bargain; and in about a Week after he came with Wisdell, and he (Temple) shewed me the Watch, and asked me 50 s. for it; I bid him two Guineas, and after some Consideration between him and Wisdell, Temple delivered me the Watch, and Wisdell took the Money; I paid 1 l. 13 s. in Part of the two Guineas; but some Time afterwards Temple came to me, and told me he would not have me pay any more Money upon it, for he believed it was not honestly come by. I desired they would return the Money and take the Watch again; they promised me they would, but they never did. Elisha Turner , Serjeant. Temple offered to sell me this Seal, I refused to buy it of him, but I afterwards bought it for Half a Crown of Corporal Raymond; Temple had 18 d. of the Money: Temple when he first offered it me, told me he had found it in St. James's-Court; I kept it three or four Days, then thinking it was not honestly come by, I went to Raymond and demanded my Money again, upon which Temple threw me my Half Crown and took the Seal again. Temple. I was at Home and a-bed when this Fact was committed. James Moreton . The 2d of January, - I remember the Day, because I came off the Windsor Party on the last Day of the Old Year, and the 3d of January was my Birth-Day. I know he came Home the 2d of January between Six and Seven. He was with me at Home all the Evening, and between Eight and Nine he went to Bed in the same Room with me. I cannot remember the Time of his coming Home any other Night, - only this, - because I was in the House at the same Time. I have known him two Years, and take him to be a civil well-behav'd young Fellow. Saul Ashby , Christopher Poole , and Jane Lucken , had known Temple some Time, and never heard any Harm of him before. Temple, Acquitted . Wisdell, Guilty Death . 25, 26. Anna Maria Osborn and William Stevens , alias Steventon , were indicted for stealing a Pint Pewter Pot, value 15 d. the Goods of William Powel , April 28 . Osborn, Guilty . Stevens, Acquitted . [Transportation. See summary.] 27. Mary Staples , was indicted for stealing three Linnen Mobs, value 1 s. two Linnen Caps, value 6 d. a Linnen Shirt, value 2 s. and other Things , the Property of Henry Mills , April 27 . Guilty . [Whipping. See summary.] 28. William Moses , was indicted for stealing eight Napkins, value 4 s. a Pair of Sheets, value 20 s. three Table-Cloths, value 3 s. a Dimity Petticoat, value 12 s. and several other Things , the Property of Ann and Francis Monk , May 15 . Guilty . [Transportation. See summary.] 29, 30. Mary Ellison , was indicted for stealing two Women's Damask Gowns, value 5 l. a Velvet Hood, value 10 s. a Linnen Shirt, value 3 s. a Pair of Stockings, value 2 s. and a scarlet Cloak, value 5 s. the Goods of Lancelot Dowbegan , in his Dwelling-House , April 30 . And Mary Isaacs , for receiving the same, knowing them to be stole . Ellison Guilty 10 d. Isaacs Guilty . [Ellison: Branding. See summary.] [Isaacs: Transportation. See summary.] 31. Thomas James , was indicted for privately stealing a silk Handkerchief, value 6 d. from the Person of John Chapman , April 17 . Guilty . [Transportation. See summary.] 32. Leonard Ayres , was indicted for privately stealing a Linnen Handkerchief, value 12 d. from the Person of William Hancock , April 17 . Guilty 10 d. [Transportation. See summary.] 33. Kingman Fivefoot , alias Fifoot , was indicted, for that he not having God before his Eyes, &c. on the 8th of May , in a certain Street, call'd Skinner-Street , on Ann Lloyd , an Infant , did make an Assault, and the farther Wheel of a Cart, value 20 s. loaden with Stuffs, or Baize, then drawn by two Horses, on the back Part of the Head of the said Lloyd, (being thrown down by the fore Horse) did force and drive, giving her on the back Part of the Head a mortal Bruise, of which she instantly died . Guilty, Manslaughter . [Branding. See summary.] 34. William Eady , of Pancras , was indicted for assaulting Samuel Lewis on the King's Highway, putting him in Fear, and taking from him an iron Key, value 1 d. a Nutmeg, value 1 d. a Copper Ticket for the King's private Road, value 1 d. three Copper Medals, value 2 d. two Pieces of Silver Coin, value 2 s. 10 d. five Guineas and a half, and 13 Shillings and 1 d. in Money , August 27. 1736 . Mr. Lewis. I don't know the Prisoner: I was robb'd the 27th of August, 1736, and Wager and Baker were hang'd for it. I was coming from Bedfordshire, and in the watery Lane, near Kentish Town , I met four Men on Horseback, they cry'd Hey! and I cry'd Hallo! I rode on a little Way, and one of them turn'd short on my Horse's Hips. I ask'd him, what he did that for? He immediately whipp'd by me, and demanded my Money. I told him he should have what I had got, but I desired him not to meddle with the Lady that was with me. He said he would not. Then I pull'd out about 13 s. three Copper Pieces, and the Copper Ticket, and gave them; but the Man that was behind said, I must be search'd; and he put his Hand into this Pocket, and took out five Guineas, and two half Guineas. This is the Ticket they took from me at that Time. One of them took hold of my Horse's Bridle, and told me, if I had a Bushel of Arms, they would signify nothing. 'Twas the Man that I gave the Money too, who search'd me, and pull'd out the Gold, a Key, and a Nutmeg. He felt about my Breeches for a Watch, but I assured him I had none, and began to swear at them; but a Man behind, bid me not swear so, for I should not be ill us'd, and he bid the rest of the Gang come away, if they had got what they could. D - mn it, says another of them, he never rides without a Watch; I assur'd them I had none, so they then rode away, to another Man, who belonged to my Company, and stood under a Tree, with some Venison behind him, his Mare would not stand. One of them cry'd, D - mn it, shoot him if he won't stand. I said don't shoot him, let my Horse's Nose come up to the Mare's, and she'll stand. That Gentleman's Name was Walker, but he has been dead about 5 or 6 Weeks. They took about 10 or 12 Shillings from him, and wish'd us a good Night; telling me, they hop'd when it was in my Power, I would use them, as well as they had used me. I can't say I know the Prisoner; 'twould be a vile Thing in me to swear the Man's Life away, when I know nothing of him. I remember the Evidence, for by the Light which came over the Bank, I saw his Face plainly. Stephen Horsenail . I cannot deny but the Prisoner was concerned with us in this Robbery. He was present when Mr. Lewis was robb'd, and assisted in the Robbery, but he took nothing from him. Baker, Wager, the Prisoner and I, set out from Ralph Guy 's, at the White-Lion at Hornsey, with Intent to rob any Body we should meet. About 8 o'Clock we met Mr. Lewis, and a Lady, and a Gentleman following them, in the Lane that goes to Kentish Town. We rid past him, and the rest of his Company, then Baker turn'd back, and said there was our Mark; I came up with Mr. Lewis, and my Horse's Head lay upon his Horse's Buttock I took from him what I could find, but Baker insisted on searching him farther, and had it not been for the unhappy Man at the Bar, and myself, he would have done him a Mischief. I search'd him, and took to the Value of 6 l. from him. The Prisoner was behind Mr. Lewis, and was to give us Notice of any Surprize. One Mr Walker was robb'd at the same Time: Baker and Wager insisted upon robbing the Lady, but Mr. Lewis persuaded us from it, because her Horse was startish. After we had committed this Fact, we went to Ralph Guy's in Hornsey-Lane, and shar'd the Money we had got that Night, which came to about 50 s. a Man; the Prisoner was present, and I believe had his Share; but he was tired of such a Way of Life, and soon went quite away from the Company, in about a Week's Time. I was apprehended about the Beginning of October, on Account of a Fact that I was not guilty of; I begun to be weary of such Courses, and therefore made a voluntary Confession. I have heard that the Prisoner has been in an Employment ever since he absconded. I saw him (just before he went down to Bristol) about 10 or 11 Weeks ago, in Wood's Close. We are both sorry for our past Follies, and I know he would be glad to receive Favour, as well as I. Our Conversation was on the Hardships, that the unfortunate Man at the Bar had sustain'd, by his being obliged to wander backward and forward, when he should be glad to settle to any Labour. How he came to be discover'd, I don't know; - I did not betray him. I have nothing more to say, and am sorry that I am able, and am obliged to say so much. (Weeping.) Joseph Barnes William Horsenail , the Evidence, was first taken, I was an Officer: He was taken up for a Fact that he was not guilty of; but he told me he was indeed engag'd in a bad Way of Life; that he was glad he was taken, for now he would make a voluntary Discovery. He confess'd this Fact before Justice Mitford, and put the Prisoner, and Wager, and Baker, into his Information. I got a Warrant to apprehend them all three; but the Prisoner fled. I kept the Warrant by me; and hearing of his being at Bristol, I went down with this Man ( Thomas Macklin ) and took him. We took him as he came from Work, and as far as I can hear, he had work'd very hard, and maintain'd himself honestly, all the while he had been there. We should have had another Witness here, - Ralph Guy, - he promised to be here; he was here on Wager and Baker's Trial, but he was an unwilling Witness then, and now he has sent a Boy here, who I suppose is to swear he is sick. I must say, the Prisoner has led an honest, careful Life, ever since he got rid of his Companions. The Jury found the Prisoner Guilty . Death . He was a second Time indicted for assaulting Thomas Bullmore on the King's Highway, putting him in Fear, and taking from him a silver Watch and Chain, value 50 s. a Steel Seal, value 6 d. and 16 s. in Money , Aug. 26, 1736 The Evidence was the same as appear'd on the Trials of Wager and Baker, 1736, the Prisoner chose rather to throw himself on the Mercy of the Court, than to give Trouble; and Mr. Barnes, who fetch'd him from Bristol, declared that he was sure he work'd for his Living there; for when he took him up, his Masters appear'd for him. Guilty . Death . 35. Nathan Cockran , of St. Luke's, Middlesex , was indicted for stealing 22 Dozen of Silk Loopes, value 50 s. eight Gross of white Thread ditto, value 7 l. one lb of Thread, value 5 s. 9 d. a Linnen Apron, value 4 d. and two Bandboxes, value 6 d. the Goods of Henry Turland , in his Dwelling-House , March 25 . Henry Turland I have nothing to say, but that the Goods were my Property, and were stole out of my House in Noble-street , on the 25th of March. There was about 22 Dozen of Silk Loopes, and 8 Gross of Thread Loopes, a Pound of Thread, a Check Apron, and two Bandboxes. I saw them all in the back Room below Stairs, on Saturday the 25th of March, and on Monday following, we miss'd them. Upon Enquiry, I found that this Witness (Elizabeth Haydon) knew something of the Affair, so I had her before Mr. Justice Polson, and she discover'd the Prisoner and his Wife. Thro' her Means we took him; and we found some of the Goods at Mr. Compton's ot the White-Hart in Pater-noster-row, 12 or 13 Dozen of them were sold there. When Cockran was taken up, he own'd he had had the Goods, but he told us, he had them from one Bolingbroke and his Wife. Two Gross he said were pawn'd, he could not tell where, and the rest he deliver'd to Eliz. Haydon to dispose of for him. Part of the Goods which were found in Pater noster-row, were carry'd before my Lord-Mayor, and were put into the Hands of Nettlefold the Constable. Elizabeth Haydon . The Prisoner sent for me on the Thursday before Good-Friday to his Lodging; I went up Stairs, and he shew'd me a great quantity of Silk and thread Loopes. There were 16 dozen of Silk Loopes, and 6 gross and better of thread Loopes. He told me if I would dispose of them for him, he would satisfy me for my Trouble. I saw no Banboxes, nor any check Apron. I ask'd him whose they were? He said they were his own, and he ty'd them up in a Handkerchief, and his Wife and I went to Mr. Crouch's Shop, (he is dead, and Mr. Compton keeps it now) Mr Compton would not have bought them if he had not known me. He knew me, and bought 12 or 13 Dozen of Silk and Thread Loopes together, and the Prisoner had the Money. 'Twas either 14 or 15 s. that we had for them, I can't tell which. I told him I never did sell such Goods for the Money, but having Cockran's Consent, I took the Money and gave it to him, at the Post-Boy in Black-Fryar's. After this, I sold 6 Dozen to one Mr. Plummer in the Borrough for 6 s. Tee Prisoner's Wife and he were both at the Door, the same Time. This Money I likewise deliver'd to the Prisoner, and he gave me 3 s. 6 d. for my Trouble. Prisoner. I desire she may be asked, whether one Mrs. Deal, did not deliver her the Goods at 1 s. per Dozen? Haydon. I don't know Mrs. Deal, nor did I ever see her in my Life, as I know of. Prisoner. Was not Mr. Deal and his Wife in the Room when she was there, and took the Loopes to dispose of? Haydon. No, there was none in the Room but the Prisoner. Eliz. Turland. I saw about 6 Dozen of the same Goods I had lost in Mr. Compton's Shop in Pater-noster row. We gave him Notice to be here Yesterday; but I have not seen him here to Day. Mr. Compton own'd before my Lord-Mayor, that he bought them of 2 Women, one of whom, he knew to be a Loop-maker upon Clerkenwell-Green, but he said he could not tell where to find her. I saw only Thread Loopes at his Shop, but he said he had bought 2 Dozen of Silk Coat Loopes among them, at 2 s per Dozen, when a Crown a Dozen is my Market Price. My Lord granted me his Warrant to bring Mr. Compton before him, and he order'd him to let the Constable have the Goods. I saw them, and they were part of the Goods I lost. Mr. Compton said he did not know the Value of them. My Lord-Mayor granted me a Warrant for Mr. Plummer in the Borough, but he refused to let me have my Goods, unless I would pay him 12 s. tho' I saw them at his Shop, and he gave but 6 s. for them. Mr. Turland. Mr. Justice Engier told me I must return Mr. Plummer 12 s. then I might take my Goods. Mr. Plummer and his Wife said, they bought them of 2 Women who had a great deal of Work, and that they might have bought much more; and Mrs. Plummer told her Husband she had a Notion that they were 2 loose Creatures, of whom he bought this Work, and she seem'd to be frighted. Mr. Plummer lives at the 3 Kings on the other Side of the Bridge. Prisoner. I had the Goods of one Deal and his Wife; and Haydon saw me deliver the Money she gave me to Deal and his Wife, at the Post Boy, and they gave her 6 s. Haydon. I never changed a Word with any one but the Prisoner upon this Affair; nor had I any Money but what he gave me. Cockran. Here's the Prisoner who heard Haydon say, she would swear my Life away for a full Pot of Beer. Tho James , a Prisoner. I am in Custody for taking a Handkerchief. I heard Haydon say, she had the Loopes to dispose of from Cockran's House. I heard nothing more Guilty, 39 s. [Transportation. See summary.] 34. James Sparkes , was indicted for stealing 2 silver Candlesticks, a pair of silver Snuffers and Stand, a Silver Saucepan, 4 Silver Spoons, 3 Silver Knife Handles, 3 Silver Fork Handles, a Silver Porrenger, a Silver Pepper-box, a Silver Buckle, set with Diamonds, and a great Quantity of other Plate and Jewels , the Goods of Theophila Moore , April 1 . The Prisoner had attempted to cut his own Throat in Prison; and when brought to the Bar pleaded Guilty . [Transportation. See summary.] 35, 36. Arthur O'Hara and William Tobin , of St. George's Hannover-Square , were indicted with Rose Plunkett (not taken) for assaulting Thomas Claridge on the King's Highway, putting him in Fear, and taking from him, a Silver Watch, two brass Seals, and a brass Key, value 5 l. a silk Handkerchief, value 6 d. and five Shillings in Money , April 28 . Mr. Claridge. I was going to my Master's Stables, on the 28th of April, about 10 at Night, and under the Duke of Devorshire's Wall, I was attack'd by two Men and a Woman One of the Men put a Knife to my Breast, and said, If I offer'd to disturb them, they would stab me. Then the Woman came up while they held me, and took my Watch, 5 s. and a Handkerchief. When she had robb'd me, one of the Men still held me, while his Companion and Woman got off, I scuffled with him, but he got away from me, and ran away. To the best of my Knowledge, the Prisoners are the Men, but I can't swear positively to them. I advertised the Watch, and it was brought me again by Mr. Seddon, the Man that made it. This is my Watch. Mr. Seddon One Harry Grubb brought this Watch to me, the 1st of May; it was advertised to be left with me. Grubb, Pawnbroker. On Saturday the 29th of April, the two Prisoners came to me with the Watch, and wanted to borrow 40 s. upon it; (I live in St. James's-Market) O Hara is a Chairman , and plies there; I asked him who was the Owner of the Watch? He told me it was Tobin's, who then appear'd like a Sailor. I asked Tobin where he bought it? He said, he bought it of a Mate of a Ship at Wapping. Then I asked him who it was made by? And O Hara immediately answer'd, - by Seddon, at St. James's, who was his particular Friend. Upon this I lent 40 s. upon it. This was on Saturday the 29th of April, and on Monday Morning, seeing the Watch advertised, I carry'd it to Mr. Seddon, and he said it was the same Watch which had been lost. He offer'd me the three Guineas that was was offer'd as the Reward in the Advertisement; but I took no more than what I had lent upon it, and told him, I could help him to one of the Men that brought it to me. It was pawn'd in Tobin's Name, and O Hara averr'd it was his (Tobin's) Watch. Samuel Goodwin , the Pawnbroker's Man, confirm'd his Master's Evidence. Judith Dalton . On Friday, the 28th of April, I went to Peter Street, to see Tobin and his Wife; O Hara and one Brooks was there, and we all din'd upon Mutton and Broth. Between 7 and 8 at Night, O Hara, and his Wife, Tobin, and his Wife, and I, went out to take a Walk. When we came near Piccadilly, Rose Tobin (the Wife) pick'd up a Gentleman and carry'd him into a House; O Hara and Tobin follow'd them in, but I staid at the Door till they came out; and Rose said, she had got half a Crown. Then we all went on, and met this Man (Claridge) in a velvet Cap; Tobin's Wife and I, and the two Prisoners went after him; and when we came up to him, O Hara took hold of him, and held him, while I took the Watch out of his Pocket. I saw no Money; I can't tell who took that. Claridge. I had a Cap on that Night I was robb'd. Dalton. When I had got the Watch, one of them held him, while Tobin's Wife and I ran away to Clancey's House; and we had no sooner got in, but the Prisoners came in likewise; we sat down, and I gave Tobin the Watch, and Clancey open'd it, that Tobin might look at it. I did not mind it much myself; so I can't be positive whether this is the Watch or not. Prisoners. Please to ask her where this Watch was taken? Dalton. Just by a big Door, within some Rails, in Piccadilly ; but I am a Stranger to the Place. Tobin's Wife stood at a little Distance, when I robb'd him. Claridge. I was surpriz'd, and so saw but one Woman. - Clancey. I keep the two Blue Posts in Compton Street, St. Ann's. On the 28th of April, at Night, Dalton (the Evidence) and the two Prisoners were at my House, with their Wives, pretty late. After they had drank about 1 s. or 14 d. in Liquor, O Hara and his Wife went away, but Tobin and Dalton. About half an Hour after the Prisoner (O Hara) and his Wife were gone, Dalton pull'd out the Watch, and I open'd it. I ask'd her whose it was, and she told me 'twas her Husband's. Dalton. I did not produce the Watch till they were gone, because O Hara was not willing his Wife should know what was taken that Night. Tobin felt the Watch in my Hand, immediately after I had taken it; and O Hara knew I had got it when we were all together at Clancey's. The next Morning, Tobin and O Hara went to pawn the Watch; when they return'd, they told me they had got but a Guinea and a half upon it. Please to ask Clancey if Tobin did not deliver him a Knife? Clancey. He deliver'd me this Knife, about a Week ago, last Tuesday. (A very long sharp pointed Clasp Knife) This is the Knife. Claridge. Twas was just such a Knife as this, one of them held to my Breast. Dalton. Some Time after this, we all quarrel'd, and I went before a Justice and made a Discovery. Mr. Blackerby. Judith Dalton came one Morning before me; and upon her Evidence, I issu'd Warrants against the Prisoners. She gave an Account of the Fact perfectly consistent with that she gives now. That very Morning Tobin came to me, to let me know that he receiv'd the Watch from her, and upon hearing the whole, I thought it my Duty to commit him, and his Companion. Tobin's Defence. Dalton gave me the Watch, and desired me to pawn it for her. O Hara. Tobin told me Dalton had got him to pawn a Watch for her, and I only went along with him to the Pawnbroker's. Lawrence Burn . I come for Tobin. He desired me to find out where Dalton lodged, for he said his Life depended upon it. I knew where she lodged, for I met her once in Peter Street, and she was enquiring her Way to her Lodgings in Holborn, I have no more to say, - only as I was going Home with her, I met Tobin and O Hara in the Street, and one Luttwych was with them. 'Tis not every one that is endowed with Sense; if I had, I should have left Dalton with O Hara and Tobin, and not have gone Home with her to her Lodgings. This I think was at Night, the 29th of April, when Dalton met with her Acquaintance, we all went together to an Alehouse, next Door to Justice Marget's, in Castle Street. - I can't tell the Sign, but I know by their own Expressions, that Tobin's Wife was there, and I left them all there, and went Home with Dalton to her Lodging. I am not so ignorant, but I know this was the 29th of April. Darby Mac Connor . On Friday the 28th of May, - April I mean, between 7 and 8 o'Clock, I was at Clancey's, and saw the two Prisoners come in between 8 and 9. They drank about 4 Quarts of Beer, and had a Penn'orth of Bread and Cheese, and a Ha'p'orth of Onions. I saw no Body with them. I came in with Mr. Dod, and ask'd them to drink with me. Clancey. I remember this Man came in that Night, but I can't tell whether the Prisoner came in about that Hour, - we have vast Business, - I can't tell whether they drank with Connor or not, but I am sure O Hara's Wife was with him Connor I kept Company with the two Prisoners 'till between 11 and 12 o'Clock and then the Witness Dalton and Tobin's Wife came in. Clancey. The Prisoners Wives were both in their Company. - Anticker. Connor was in Company with the two Prisoners and their Wives. They came in about 9 o'Clock, and staid till past 11. Richard Dodd . I was with Connor that Night at Clancey's; the Prisoners came in and eat and drank with us till the Watchman went Eleven, and then Dalton came in with O Hara's and Tobin's Wife. Dalton called for Liquor, and made the Prisoners come into their Company; they sat some Time, and then O Hara, and his Wife, and Tobin's Wife, went away, and Tobin himself was going along with us, but Dalton called him back and made him stay, so we went out and saw no more of them. - Sample, one who keeps a Publick House at Charing-Cross, and one Lewsly, never heard O Hara charged with Dishonesty before. Two others said the same of Tobin. Both Acquitted . 37, 38. Henry Fluellin and Patrick Cummins , were indicted for assaulting Thomas Johnson on the King's Highway, putting him in Fear, and taking from him a Linnen Handkerchief, val. 6 d. and Twenty Pence in Money, the Property of the said Johnson, and Six-pence in Money, the Property of the said Johnson and William Adkinson , April 8 . Both Acquitted . 39. Elizabeth Hodges , was indicted for stealing a Silver Watch, value 5 l. the Goods of Stephen Humphries , May 15 . The Prisoner owned she took the Watch out of the Prosecutor's Room, to pawn in her Necessity, and that she intended to fetch it again. Acquitted . 40. Jane Smith , was indicted for stealing a Linnen Shift, value 3 s. the Goods of William Batterson , May 15 . Acquitted . 41. James Taylor , was indicted for knowingly and unlawfully sending a certain Threatning Letter (without a Name or Date subscribed to the same) unto Arthur Ginn , containing Demands of 10 l - and Threats of burning the House of the said Ginn, to his great Damage, &c. March the 11th . Arthur Ginn. On the 17th of March, between 4 and 5 in the Evening, the Post Man brought me a Letter from the General Post-Office, with the Town Mark upon it, I paid Three pence for it, and then open'd it, and found the Contents of it were to demand 10 l. to be laid at such a Place, by Six o'Clock that same Evening. This was the Letter. To Mr. Ginn, in Noble Street , near Brick lane. This with Care. Mr. Ginn, "We are 10 in a Gang, and desire you'll lay 10 l. in the Corner of the Old House at Brick-Lane End, the 17 of this Month, by Six o'Clock in the Evening, or else we will set Fire to your House and burn you alive in your Beds. The Money you shall have again in a Month. I am your Humble Servant, B. R." Mr. Camm. On the 17th of March, Mr. Ginn shewed me this Letter about five o'Clock; at six, out of my own Curiosity, I walked to the Old House, and as I went thither, I met a Friend, who went with me; when I came to the Place, I found the Prisoner leaning against the Wall of the Old House, and reading in a Book; I came back and told Mr. Ginn that I believed the Man was waiting for the Money. Then we sent another Man to see if the Person was still waiting at the same Place; he returned and told he was yet waiting there. Upon this Mr. Ginn and I went to him, and asked him to go and drink with us; he consented, and we went to the Cock in Old-street, where we charged him with Writing the Letter, and he denied it. I have nothing further to say, but only that I found him kicking the Brickbats about, as if he look'd for something. I know the Prisoner, he liv'd a little Time ago (next Door to me) with Mr. Lawrence, a Tobacconist. Mr. Ginn. The Prisoner liv'd lately at Chelsea, and his Master and some Gentlemen from thence, were to come to speak in his Behalf. Acquitted . 42. John Powel , of Pancras , was indicted for assaulting John Davis , and for feloniously striking and beating the said Davis with a certain Whip, in and upon the Head, Back, and Ribs, by which striking, beating, &c. the said Davis was cast to the Ground, and for forcing the Fore Off-Wheel of the Chariot he was then driving with six Horses, on and over the Head of the said Davis, giving him in and upon the Right Part of the Head, a mortal Wound and Bruise, of which he instantly died March 25 . Acquitted . 43. Sarah Beard , was indicted for stealing a Silver Watch, value 40 s. a Glass Seal, set in Base Metal, value 1 d. from the Person of George Matson , April 25 . Guilty 10 d. [Transportation. See summary.] 44, 45. Ann Buck and William Fenley , of St. Mary, Whitechapel , were indicted for assaulting John Morriman , on the King's Highway, putting him in fear, and taking from him a Pair of Silver Studds, value 15 d. a Knife, value 1 d. a Handkerchief, value 6 d. and 15 s. in Money , May 1 . Both Acquitted . 44. William Thompson of Stepney , was indicted for stealing 2 Trusses of Hay, val. 2 s. the Goods of James Hugget and William Knightsbridge , April 5 . Acquitted . 45. Ann Foster , was indicted for stealing 2 Linnen Sheets, a Blanket, 2 Feather Pillows, a Bolster, and other Things, from her Lodging , March 13 . Acquitted . The Trials being ended, the Court proceeded to give Judgement as follows. Receiv'd Sentence of Death, 5. William Eadey , Wm Wall , John Wisdell , Joseph Hodson , and Thomas Cross . Burnt in the Hand, 3. Mary Ellison , Kingman Fivefoot , and John Lewley . Whipp'd, 1. Mary Staples . To be Transported, 24. Mary Maunder , Mary Williams , Richard Scales , Thomas Wignal , William Shores , Mary Mackensie , Nathan Cockran , Mary Seneca , Joseph Hewet , John Cann , Honour Penery , Mary West , James Lashley Harrison , John Cogan , Sarah Beard , John Brown , Samuel Walker , Richard Sanders , Anna Maria Osborn , William Moses , Mary Isaacs , Thomas James , Leonard Ayres , and James Sparkes . ADVERTISEMENT. To-morrow (and not before) will be Publish'd, Price SIX-PENCE, By JOHN APPLEBEE , PRINTER, in Bolt-Court, Fleet-Street, THE Genuine ACCOUNT of the Dying Behaviour of the Eight Malefactors who were Executed at Tyburn on Friday last, which will contain authentic Narrations of their several Lives, and in particular a full Relation of all the Facts committed by Blastock (the Player) and his Fellow-Sufferer, to the Time of their being taken; wrote by himself in his Cell, and given by him to a Friend at the Place of Execution. Likewise a particular Account of the Coiners, and several Genuine Papers, the Originals of which may be seen at Mr. Applebee's in Bolt-Court.

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CENTRAL CRIMINAL COURT Sessions Paper. SAMUEL, MAYOR. THIRD SESSION, HELD JANUARY 12TH, 1903. MINUTES OF EVIDENCE, TAKEN IN SHORT-HAND BY MESSRS. BARNETT AND BUCKLER. Short-hand Writers to the Court, ROLLS CHAMBERS, No. 89, CHANCERY LANE. LONDON: STEVENS AND SONS, LIMITED. 119, CHANCERY LANE. Law Booksellers and Publishers. THE WHOLE PROCEEDINGS On the King's Commission of OYER AND TERMINER AND GAOL DELIVERY FOR The City of London, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION OF THE CENTRAL CRIMINAL COURT, Held on Monday, January 12th, and following days. Before the Right Hon. SIR MARCUS SAMUEL , Knight, LORD MAYOR of the City of London; the Hon. Sir CHAS. JOHN DARLING , one of the Justices of His Majesty's High Court; Sir HENRY EDMUND KNIGHT , Knt.; Sir JOSEPH RENALS , Bart., and Sir ALFRED JAMES NEWTON , Bart., Aldermen of the said City; Sir FORREST FULTON , Knight, K.C., Recorder of the said City; WALTER VAUGHAN MORGAN , Esq., Sir JOHN KNILL , Bart., and HOWARD CARLILE MORRIS , Esq., other of the Aldermen of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; and JAMES ALEXANDER RENTOUL , Esq., K.C., M.P., LL.D., Deputy Judge of the City of London Court, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court. Sir GEORGE WYATT TRUSCOTT , Knt., Alderman. Sir THOMAS HENRY BROOKE-HITCHING , Knt., J.P. Sheriffs. ALFRED PERCY DOULTON , Esq. JOSEPH DAVID LANGTON , Esq. Under Sheriffs. CENTRAL CRIMINAL COURT SAMUEL, MAYOR. THIRD SESSION . A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age. LONDON AND MIDDLESEX CASES . 131. HARRIS PARK (45) , Committing wilful and corrupt perjury. A material witness having absconded , MR. MUIR , for the Prosecution, offered no evidence. NOT GUILTY . 132. CORNELIUS MARINUS VAN-DER-VOORDE , Being a director of the Union Preserving Company , fraudulently applying to his own use £16 1s. 3d. their money ( See page 167). MR. ELLIOTT , for the Prosecution, offered no evidence. NOT GUILTY . 133. CHARLES STEWART (18) , PLEADED GUILTY to breaking and entering the warehouse of Walter Crosbie and another and stealing an eye piece and other articles, their property, having been convicted of felony at the Middlesex Sessions on October 20th, 1900. † Fifteen months' hard labour — (134) THOMAS LAING (28) , to stealing thirteen dozen fountain pens. Also to, within six months, stealing eighteen dozen fountain pens, and within six months stealing ninety, dozen fountain pens. Also to stealing sixteen dozen fountain pens, 2 oz. of gold, and a quantity of platinum waste, platinum dust, alloy waste, alloy dust, and platinum scraps, the property of George Edward Shand his master Twenty months' hard labour. — [Pleaded guilty: See original trial image.] (135) WILLIAM ALLEN (27) , to stealing, whilst employed under the Post Office, two post letters containing a postal order for 4s. 6d. and a cheque for £1, and seven postal orders, the property of the Postmaster-General . Nine months' hard labour. — [Pleaded guilty: See original trial image.] (136) WALTER BENJAMIN HORN (33) , to stealing, whilst employed under the Post Office, a postal packet containing two florins, 1s., a wooden box, and other articles, the property of the Postmaster-General . Nine months' hard labour. — [Pleaded guilty: See original trial image.] (137) WILLIAM CHARLES CLARK (42) , to stealing, whilst employed under the Post Office, a post letter containing £30, the property of the Postmaster-General Nine months' hard labour. — [Pleaded guilty: See original trial image.] (138) CHARLES HENRY THWAITES (27) , ( A police constable ), to stealing, whilst employed under the Post Office, a post letter containing a hat-pin, the property of the Postmaster-General . Also , a post letter containing a silk handkerchief and a Christmas card. Also to stealing a letter containing a pocket Bible, the property of the Postmaster-General . Eighteen months' hard labour. — [Pleaded guilty: See original trial image.] (139) CHARLES GREEN (28) and ARTHUR JONES (35) , to assaulting William Weinrich and stealing 1s. from his person. Green having been convicted of felony at the North London Sessions on September 6th, 1898, as Charles Tanner, and Jones at this Court on October 24th, 1898. Three previous convictions were proved against Green † and five against Jones.* Four years' penal servitude each. — [Pleaded guilty: See original trial image.] (140) WILLIAM CALDER (33) , to obtaining £2 from Arthur Buirchett , £3 from William Edward Weller , a hat from Thomas Ibbotson , twelve shirts from Davis and Currzer , and six jackets and two pairs of trousers from Akers and Co. , he having been convicted of felony at Marylebone on September 26th, 1901. Twelve months' hard labour — [Pleaded guilty: See original trial image.] And (141) ALBERT WILLIAMS (18) , to stealing, and EMILY HYLAND (52) to receiving, knowing them to have been stolen, two pieces of veiling and two pieces of cretonne, the goods of Frederick Fitt . WILLIAMS also to stealing and HYLAND to receiving five cards of lace, the property of Henry Reissmann , and 96 1/2 yards of de-laine the property of Edwin Hitchin , and another. ( See next case. ) [Pleaded guilty: See original trial image.] 142. HARRY ANGEL (19) , Stealing two pieces of veiling and three pieces of cretonne, the goods of Frederick Fitt . MR. BURNIE Prosecuted. WILLIAM HUNT . I am errand-boy to Frederick Fitt, a lace agent, of 36, Bread Street—on December 29th, about 5 p.m., I was given a parcel by Mr. Fitt, Jun., to give to Saunderson, who carries parcels for Mr. Fitt—my practice is to wait in Angel Court, Friday Street, until I see Saunder son's truck—I saw the truck and put the parcel on it—Williams came up to me—I knew him as having been in Saunderson's employment—I did not know that he was not employed by Saunderson then—I gave him my book to sign in the usual way, which he did—as I turned to go away I saw the prisoner in Friday Street—I knew him as having been in Saunderson's employ—I said to him, "I gave a parcel to a chap up the court, does he work for your place?"—he said "Yes"—I went away then—this ( Produced ) is the parcel. FREDERICK HENRY FITT . I am manager to my father Frederick Fitt, of 36, Bread Street—I gave this parcel to Hunt to be delivered by Saunder son 's—the value is about £4. GEORGE QUANTRILL . I am a porter at Saunderson's, carriers of Silver Street—on December 29th I was in charge of a truck of parcels in Angel Court—I left it there unattended while I collected parcels—while I was away this parcel was put on the truck—I saw the prisoner there—he told me that Williams had gone up to Reachman's to see if they had got anything—neither Williams nor the prisoner was in our employ then, but they both had been—I saw the prisoner go away with Fitt's parcel—I was in charge of the truck—it is my duty to receive parcels and give receipts for them—I gave no receipt for this parcel because I was not there when the parcel was put on the truck—I had seen it on the truck—the prisoner told me it had been signed for by Williams—the receipt was in Fitt's book—I saw Williams in Whitecross Street—he gave me 4d—I suppose that was my share out of the parcel. ( MR. BURNIE submitted that he was entitled to show that the men had acted in concert before . The RECORDER ruled that there was no authority for that, as if there had been larcenies within six months it could have been charged in the indictment. ) ELIZABETH MOYES . I am the wife of Thomas Moyes of 246, City Road—Hyland kept a tobacconist's shop opposite my house—on January 1st she brought some parcels' to me—amongst them was this one—I put it into the safe to mind for her—she did not say where she got it from—the police afterwards came and took possession of it. ALFRED ANDERTON ( City Detective. ) On January 5th I went with Constable Wise to Medhurst Row, where I saw the prisoner—I told him I was a police officer, and said, "Your name in Harry Angel"—he said, "Yes"—I said, "I want you for being concerned with' a youth named Williams in stealing parcels from Messrs. Fitt on December 29th"—he said, "I was there, but I did not sign for them, Williams did it." WILLIAM CHAPMAN . I am foreman to Saunderson and Co., carriers, of Silver Street—Williams was in our service—he left on November 8th because he lost a parcel—the prisoner was with us—he left on December 20th because he was too slow—at one time he was on the same round as Quantrill. The prisoner's statement before the Magistrate, "I agree with what Williams has said." Williams says , "Quantrill was there and told us where to get the parcels. He shared everything with us." Prisoner's defence. "I never done no stealing and no forgery, I was concerned with Williams, but I did not steal" GUILTY .— Six months' hard labour. WILLIAMS — Six months' hard labour. HYLAND , who received a good character, Twelve months' hard labour. 143. ALFRED ROUSE (43) , and MARY ANN FROST (46) , Feloni ously having in their possession a mould for coining. MR. PARTRIDGE Prosecuted. MARIA HOOPER . I am the wife of Reginald Hooper, the landlord of 47, Maplin Street, Bow—on April 28th the prisoners came together and took rooms at 4s. a week, but Frost was not going to live there—I gave Rouse a key not the front room and another of the front door—I did not See Front for some time afterwards, but but she came to clean the room, and lately she came every day—she came to cook the breakfast, and left in the morning—she used to go in and out in the day time and come back in the evening—as far as I know she did not pass the day there. Cross-examined by Rouse. You left the place in the afternoon of the same day that the police came—you had not taken all your things away—nobody else came to take the rooms or put anything in. By the COURT . Frost had been there several times that day, but that was the first time she slept there. Re-examined. Rouse had given notice to leave, a fortnight before, but he still stayed on—Frost slept there without my knowledge. WILLIAM WILLIAMSON ( Detective-Sergeant. ) From information I re ceived I went with Sergeants Fowler and Eustace to 47, Maplin Street, Mile End—the first floor front room was locked—I knocked, and the prisoner Frost,. who was in her nightdress, opened it—I told her we were police officers,. and had heard that she was engaged in the manufacture of counterfeit coin—she said, "It is too late, my brother took them away this morning"—I said, "What do you mean?"—she said, "This is his room, but he took all the things away with him, and some furniture"—we searched the room, and in the fire-place found a ladle with some metal quite warm, and some copper and silver sand in a cupboard and various parts of the room—here is some copper wire and a clamp, a solution in a bottle, and a board—I found an iron bucket under the bed, with dirty water in it—I put my hand in and found this mould with the impression of a shilling on it—I submitted all those articles to Mr. Webster—Frost was taken to the station, and on the next day Eustace brought Rouse in, who said, "The things are not mine, but I will take the responsibility." HENRY FOWLER ( Police Sergeant. ) I was with the other officers—I found between the bed and the mattress where Frost had been lying, a counterfeit shilling dated 1884—another shilling was found outside the house. WILLIAM EUSTACE ( Police Sergeant K. ) On the night of December 19th I was in Maplin Street, and saw Rouse go to No. 47—he walked along the passage, and was just going upstairs—I said to him, "What is your name?"—he said, "Smith"—I said, "I am a policeman; do you live here?"—he said, "No"—I said, "I think your name is Rouse"—he said,. "No, it is Smith"—I said, "What do you want here"?—he said, "I am going downstairs to see Mr. Hooper"—I called Mr. Hooper, and said, "Do you know this man?"—he said, "Yes, that is Rouse; he lives upstairs"—Rouse said, "Yes, that is quite right"—I said, "Part of a mould and some implements for the manufacture of base coin were found last night"—he said, "All right"—I took him in custody—he asked me to let him go downstairs, and we had a struggle—on the way to the station he said, "Who gave the information?"—I said, "The sergeant"—they were charged at the station. WILLIAM JOHN WEBSTER . I am Inspector of Coin to H.M. Mint—this, mould is for the obverse and reverse sides of a shilling—this clasp is for holding the mould—this shilling is counterfeit—this file is used for filing the coin after the get has been taken off—all these things are part of the stock of a coiner—I cannot say for certain whether the shilling corresponds with the mould—I have examined another shilling, they are both from one mould. GUILTY . ROUSE , who was convicted of coining, twenty years ago, Three years' penal servitude. FROST , Nine months' hard labour. 144. VALENTINE ROTH (25) , PLEADED GUILTY to stealing three clocks, the property of the Universal Art Trading Company , also to obtain ing two clocks by false pretences, having been convicted at Clerkenwell on November 5th, 1901. Another conviction was proved against him. Fifteen months' hard labour. 145. GEORGE WILLIAMS (39) , and JOHN FRASER (28) , Robbery with violence on Thomas Gibbons , and stealing three pence, his money. MR. BLACKWELL Prosecuted. THOMAS GIBBONS . I am a hawker—I have no permanent abode—on January 5th I was in Thrall Street, Spitalfields, at 7.30 a.m.—I had slept at a Salvation Army shelter—four chaps stopped me—Fraser put his arm round my neck and Williams put his hand over my mouth—they carried me into a house by my neck, put their hands in my pockets and took 4s. 4d. out, in silver and copper from my waistcoat pocket—they were all four in the house, and went and got another one—they ransacked me—I could not make much noise but I made some, and a policeman burst the door in and seized the two prisoners—they did not damage me—they gave me a great fright, and I had to go to the infirmary. Cross-examined by Williams. When I got to the station I had 4s. 1d. and 3d. would make the 4s. 4d. Cross-examined by Fraser. I said at the station that I had had 4s. 4d. HENRY BARBER (96 H. ) On January 5th, about 8 o'clock, I was on duty in Wentworth Street, and heard a scuffle inside the door of a house—I burst the door open and saw Gibbons with Fraser's hand over his mouth, and Williams rifling his pockets—they ran away—I ran out after Fraser—he said, "I must get some money to buy bread with"—I searched him but found nothing—Wentworth Street is 100 yards from Thrall Street—I only saw two men—Williams ran down stairs—another constable came to my assistance—when Williams came up I detained him—he made, no reply, but he said in Court, "I admit that this man put his hand over his mouth." Cross-examined by Fraser. The door was jammed, but not fastened tight. HENRY STUDD (29 H. R. ) On January 5th, about 8 a.m., I went to Barber's assistance—he was detaining the two prisoners—I took Williams; another constable searched him, and found 5d. in copper—I charged him with robbery with violence—Gibbons took his money out at the station—I believe it was 3s. in silver and 4d. in bronze—this is only my belief—I saw, the silver, but did not see the bronze. Williams Defence. He had 3s. 4d. at the station, not 4s. 1d. GUILTY of assault with intent to rob. Twelve months' hard labour each . 146. ROBERT HENRY GLOVER (46) , Unlawfully attempting to carnally know Daisy Colegate , aged thirteen years and eleven months. MR. HUTTON Prosecuted. GUILTY , but the Jury thought he had great provocation from his wife. Three months' hard labour. 147. MAITLAND RYAN (25) , PLEADED GUILTY to stealing a shaving brush, six pistol arrows, and other articles, the property of the Civil Service Supply Association . Twelve months' hard labour. — (148) ALFRED GEORGE (26) , to stealing three mouth organs, and other articles, the property of the Civil Service Supply Association , also to forging an order for the delivery of six bottles of whiskey, and six bottles of port wine, with intent to defraud; also to forging an order for the delivery of a dressing-case, with intent to defraud; also to forging and uttering an order for the delivery of six plum puddings and a box of cigars, also to forging an order for the delivery of two turkeys and two hams, with intent to defraud. Three years' penal servitude. — [Pleaded guilty: See original trial image.] (149) CISSY PRICE (21) , to uttering an order for the payment of £14 11s., knowing it to be forged. A previous conviction was proved against her. Six months' hard labour. [Pleaded guilty: See original trial image.] And (150) WILLIAM GARDINER PITCHER , to com mitting an act of gross indecency with William Skelton . Twelve months' hard labour. [Pleaded guilty: See original trial image.] 151. JOHN JUDGE , alias ROBERT DOUGLAS HARVEY (30) , Forg ing and uttering an order for the payment of £6, with intent to defraud. MR. HURRELL Prosecuted. FREDERICK JOSEPH HAWES .—I am a grocer of 48, Pimlico Road, S.W.—on November 19th, about 7 p.m., the prisoner came to my shop—I did not know him before—he said, "I come from 21, Chelsea Gardens; could you oblige me with the change of a small cheque; we have not dealt with you above a month"—this ( Produced ) is the cheque—I changed it for him—it is for £6, purporting to be signed by Richard Topping—I had no such customer—I did not know the name of Smith, which is the endorsement—I paid it into my bank next morning—it was returned marked, "No account"—I next saw the prisoner at Westminster police-court on December 10th, and I picked him out from some others—I have no doubt about his identity—the cheque was endorsed "C. Smith," as it is now, when he brought it to me. WIGHTMAN CAUTHER COOPER . I am secretary to the London Trading Bank, 12, Coleman Street, E.C.—we have no customer named Topping on our books—I do not know the prisoner—this is one of our cheques—I cannot say what book it came from, because it is ten years old, and the records have been destroyed—the signature, "C Smith," and the writing on this piece of paper is very similar—I have had considerable experience in handwriting. ALBERT CHADD ( Police Inspector. ) About 7 o'clock on December 9th I arrested the prisoner at 51, Elizabeth Street—I searched him and found this letter in his pocket, a pocket-book, and several other articles—the letter only had "C. Smith "written across it several times—it was torn as it is now—he had previously inserted his hand into his pocket—there was also a letter addressed to Mr. C. Harvey, 15, Sutherland Place, Pimlico"—that is a lodging-house—the prisoner's real name is Robert Douglas Harvey—he gave the name of John Judge, of no fixed abode—he had been at Sutherland Place about three weeks—he was lodging there at the time of his arrest—he was known there as Harvey—next morning he was placed among six other men and identified by Hawes—I first charged him with attempting to obtain the £6—he said he had no cheque, so he could not have obtained the money—he also said, "Had I got the money I was going back to get the cheque"—I did not then know that he was the man who had obtained the money; I knew it had been obtained—when I said attempting to obtain £6 I referred to another charge—when charged with this offence he said it was a mistake, that he had never been to 48, Pimlico Road in his life, and did not know Mr. Hawes—I showed him the cheque—he said, "I have never seen that cheque before." The prisoners statement before the Magistrate. "I would like to say that that piece of paper, I found on the table of a free library in Great Smith Street, Westminster. It is not my writing, nor is it an attempt to disguise my writing. Practice writing in any way. When I found the paper on the table I placed it in my overcoat pocket, and subsequently transferred it to the pocket of my trousers, where it was found by the detective. It is purely circumstantial evidence, and if there is any similarity in the writing on the paper which was shown to me by the detective this morning and the writing on the cheque, that is also." The prisoner in his defence said that he was at Richmond Theatre at the time that he was supposed to have changed the cheque at Mr. Hawes, and that the piece of paper he found in a newspaper at a free library. GUILTY of uttering. He then PLEADED GUILTY to a conviction of obtaining theatre tickets by false pretences, at Marlborough Street Police Court on October 18 th , 1901. Nine months' hard labour. 152. WALTER PAYNE (27) , Robbery with violence on George William Preston , and stealing 10s. from his person. MR. RAVEN Prosecuted. GEORGE WILLIAM PRESTON . I am a sculleryman at Harrod's Stores, Brompton Road—I live at Chelsea—I was in Cheyne Walk on December 20th, about 1.30 a.m., with Agnes Bragg—the prisoner came across to us and tried to snatch Miss Bragg's purse from her hand—he then sprang behind my back and put his arm round my neck so that I could not move—he then placed his hand into my right-hand trousers pocket and took 10s. in silver out of it—he dropped some of it and I picked up 4s.—I was only bruised under my right arm—I saw him at Rochester Row next morning, and identified him in the dock. AGNES BRAGG . I am a servant at 7, Richmond Buildings, Dean Street; Soho Square—on December 20th I was walking out with the last witness about 1.30 a.m.—I was carrying my purse in my hand—the prisoner came up and used very bad language—I told him to go away—I did not know him—I saw his face—he clenched hold of my hand and tried to take my purse away—he found he could not get it, and he went down my young man—I ran away—I did not see him doing anything to my young man—I went to the station the same night—I saw the prisoner there, and recognised him as the man who had attempted to take my purse. GEORGE SWANSON . I am a dock labourer of 42, Avydale Road—I was in Cheyne Walk in the early morning of December 20th—the prisoner came up to me and said, "If you will give me two draws of that fag I will give you a sovereign"—he showed me this coin ( Produced ), which has two balloons on one side and a Queen's head on the other—I told him to go away—he would not, and I passed by on the other side—he came up to me again and said, "If I don't have your cigarette I will have someone else's"—I went to the other side of the road—the prisoner went along by the railings until he got to the prosecutor and the lady with him—he bounced on the gentle man's back and went down his pocket—I went across and tried to pull him off—a brewer's dray came along—I stopped it, and the prisoner ran away—he threw the money down—I ran after him and held him until the police came. CHARLES LUCAS (235 B). I was on duty in Cheyne Walk on the morning of December 20th—I saw the prisoner stopped by Swanson at the corner of Danvers Street. Swanson said, "This man has stolen some money from a man up the Embankment"—the prosecutor came up and said the prisoner had stolen 10s. from him—he picked up two two-shilling pieces and showed them to me—I took the prisoner into custody—on the way to the station he said he had made a bloomer and was not on that side of the road at all—I searched him and found a half-crown, a sixpence, a penny, and a coin on him—he was then charged. The prisoner's statement before the Magistrate. "I have never been up for a thing like this before. I was not the man. I will have it settled here." GUILTY . Eight months' hard labour. 153. JAMES PURCELL (44) , Attempting to break into a shop with intent to steal. 2 nd Count. Maliciously damaging a plate-glass window. MR. BOYD Prosecuted. HARRY HUMBERT (286 City. ) I was on duty in Fenchurch Street at 3 a.m. on January 7th—I saw the prisoner kicking the shutters in front of a shop window—the shutters fell, and he kicked the window four times—I arrested him—he said, "This window has dropped"—I said, "Yes, after you have kicked it"—on the way to the station he said he had done it for starvation. EDWIN PRITCHARD . I am manager of the Abyssinian Gold Co., at 41, Fenchurch Street—on January 6th the shutters were put up across the window about 7.15 p.m.—when I arrived there next morning I found a constable there—the window was cracked, and also the name facia—it is a thick plate-glass window—the shutters do not come down, we put them up—we are not insured—it will cost about £25 to replace the window. Cross-examined by the prisoner. I did not say at the Mansion House that we had the shutters barred. Prisoner's defence. "I was walking about that night; I was in the horrors of drink. I do not know it I done it or not done it. If I had done it I would say I had done it like a man, and be done with it." H. HUMBERT ( Re-examined. ) The prisoner was sober. GUILTY . Twelve previous convictions were proved against him. Eigh teen months' hard labour. 154. RAY HAMMOND (25) , PLEADED GUILTY to uttering a cheque for £14 18s., knowing it to be forged, having been convicted at Wells on June 7 1902, of stealing a bicycle. Three other convictions were proved against him. Three years' penal servitude — (155) WILLIAM HENRY FLOOD (22) , to forging and uttering a transfer of seventy five shares in the Boksburg Gold Mine, Limited , with intent to defraud. Recommended to mercy by the prosecutors, and MR. HUMPHREYS for the defence stated that the forged transfer was given to a money lender as collateral security for a debt which the prisoner expected to be able to pay off and get the transfer back. He received a good character, and his wife's father promised to take him into his business in the country and look after him. Discharged on recognisances. [Pleaded guilty: See original trial image.] 156. JOHN PRINCE (20) , Robbery with violence on Harry Turner and stealing 1s. his money. MR. LAWLESS Prosecuted. HARRY TURNER . I am a clerk, of 42, Wentworth Street—on the night of December 26th I came out of a public-house in Brick Lane, and while I was standing outside the prisoner came up to me, put his fingers into my waistcoat pocket, and took out a shilling—I tried to get hold of him, but he put his hand against me and I fell on my back—he went into a public-house at the corner of Brick Lane—I waited a few minutes and he came out with several others, but I recognised him by his red scarf—a policeman came and I gave him in charge—he offered me a-shilling, and said, "I will give you your shilling"—I charged him at the station—he had a red scarf at the station. Cross-examined by the prisoner. I did not say at the station that a tall, fair chap robbed me—I had not been to two or three public-houses—I went out in the morning with a florin and I had 1s. 5 1/2 d. left—I was not fuddled with drink—you went back to the same public-house, but went in by another door—I recognise you by your features as well as your red scarf—I am sure you are the man to the best of my ability. WILLIAM STONE (265 X) I was in Brick Lane at 7.30 on Boxing Day—Turner complained to me, pointed to the prisoner, and said that he had knocked him down and robbed him of a shilling—going to the station he said that he had been playing at draughts for two hours—the prisoner said, "I never had the shilling," but offered him one—I searched him at the station and found £1 12s. 6d.—there "was a sovereign and some silver. Cross-examined. You took me back into the public-house, and the landlord said that you had been playing at draughts for half an hour. The prisoner's statement before the Magistrate. "I borrowed £1, and the 8s. were my own money." Evidence for the Defence. JACOB SILVER . I am a boot laster—on Boxing night me and the prisoner went into the Black Bull public-house between 7.15 and 7.30—I said, "We will play a game of draughts," and we were there half an hour—just as we were coming out I said to the prisoner, "Come into the German house and lave a drink?"—that is only just across the road—there was a crowd, and just as we were going in the prosecutor identified him by his red scarf—when he was being charged the prosecutor said, "If you will give me a shilling I will not charge you"—I said, "Don't you give him any shilling you go to the station—someone called out, "Heigh, boy, you have got the wrong man; the right man is in the public-house"—you borrowed a sovereign because you were going selling violets—I think you had between 31s. and 32s. By the COURT . We were playing at draughts in the Black Bull half an hour, and he never went out till he was arrested. Cross-examined. I was selling violets with him—I am a boot laster, but my chest is very bad, and I had to give it up—when he was given in custody I followed to the station—I did not hear him say that he had been two hours in the Black Bull. By the COURT . The constable did not take him back into the public-house because there-was a crowd—I got a swollen face that night—Alfred Smith was with me and the prisoner at the German house for ten minutes or a quarter of an hour just before the arrest—we left Alfred Smith at the German house, and went to the other house—I say that at the time the robbery was committed the prisoner was not in the German house but in the Black Bull—we had one game of draughts and then went to German house again—I think it was between 7 and 7.30 that we left German house and went to the Black Bull. WILLIAM STONE ( Re-examined. ) The prisoner was sober. NOT GUILTY . 157. ALFRED WILLIAMS (19) , JOHN BROCK (17) , and CHARLES KING (19) , Robbery on Henry Douglas Gray , and stealing a bag, a cash-box, and other articles, his property. MR. ROACH Prosecuted. HENRY DOUGLAS GRAY . I am in the employ of Mr. Gamage, and live at 42, Cleveland Street, W.—on January 3rd, between 5 and 5.30 p.m., I was in Warner Street, Clerkenwell, carrying a dress-suit case—the lamps were alight—four young men pounced on me, hit me, knocked me about, and snatched the bag out of my hand—I ran after them to Bath Court, a turning out of Warner Street, where Williams threw the box at me while I was running after them—then King stood at the end of Bath Court and said, "If you come up we will murder you"—I followed them, but lost sight of them—they all went down the court—I do not know which of them was carrying the dress-suit case—I went to the station and picked out Williams and Brook—I saw King on the Thursday night, and picked him out from others—I have no doubt that they are three of the men who attacked me. Cross-examined by Williams. You threw the box at me. Cross-examined by Brook. I did not say at the station that you threw he box at me and took the bag out of my hand—I did not know your names then—I did not point to you and say, "That is the one who threw the box." Cross-examined by King. I am positive it was you who stood at the end of the court. By the COURT . There was a fourth man—I saw the faces of all four—when Williams threw the box at me he was about half-a-dozen yards from me—I had never seen them before—the fourth was a fair man. ALBERT WALTER GAMAGE . I am an outfitter, of 125, High Holborn—Gray is in my employ—on January 3rd he was carrying a dress bag con taining clothing in brown paper parcels and some boots, hair brushes, and this box ( Produced. ) JAMES GREGORY . I am 13 1/2 years old, and live at 2, Providence Place, Farringdon Street—on Saturday evening, January 3rd, about 5 or 5.30, I saw the prisoners walk away from Bath Court, carrying several parcels wrapped in brown paper—I knew Williams and Brook before—they went past a fish shop and ran down Warner Street—I spoke to another boy, Glasgow, and saw them go into Fuller's Yard and put the parcels" on a barrow—they each undid the parcels, and when they saw me they said, "Look out, there is a policeman" and left off and ran away—on January 5th I went to the police station and picked out Williams and Brook—I knew their names before—I saw King before they came away from Bath Court—he remained at Baker's Road, which is another turning out of Warner Street—I knew him before and knew his name—I picked him out at the station. By the COURT . King passed two or three minutes before the other boys came up, but after I saw them carrying the parcels—I saw Gray before the robbery, carrying the bag in Cold Bath Fields just crossing the street—there was a fourth man there, but I do not know him. THOMAS GLASGOW . I am thirteen years old, and live at 43, Warner Street—I go to school—on Saturday afternoon, January 3rd, I was in. Warner Street—Gregory called me, and I saw Williams and King—Williams had something under his coat, and said to me, "If you don't go back I will smack you in the eye"—I had seen Williams before—after that I saw King go up Baker's Row with a large brown parcel—I went to see where King had gone, but saw nothing of either of them—King was walking quick, I knew him before—I know Brook but I did not see him—I went to the station and picked out Williams and King—I heard Williams say something about a pin when they were in Rose Lane—there is a stable there. Cross-examined by King. You were alone in Baker's Row—I did not see you in down Four Rose Yard. WILLIAM HAYLING ( Detective E. ) On January 5th, about 11 a.m., I took Williams and Brook on a charge of robbery and assault on January 3rd, in Warner Street—they said, "All right"—I took them to the station, placed them with six others, and Gray picked them out. ALFRED LOVELOCK (471 E. ) On January 7th, about 8.15 p.m., I was in Exmouth Street in plain clothes and saw King—I said, "I am a police officer, is your name King?"—he said, "Yes"—I said, "I want you for robbing a man in Warner Street on Saturday last"—he said, "I have heard all about it, but I don't want to suffer for other people; where is the warrant?"—going to the station he said, "This means three years' bashing , and if I drop for nothing I shall be put away"—that was before he was charged. WILLIAM HAYLING ( Re-examined. ) I was at the station when King was charged—he wrote this statement himself and signed it, "Sir, I was arrested on Wednesday on the charge of being concerned with two other chaps in a robbery which took place on Saturday, and I am innocent, for which the other two know; and I was identified by two witnesses which knows me well, and they have always seen me with prisoners; and that is the reason they came down upon me for it. They were said to be four of them in the case which I do not want to suffer for other people's doing. The other two are Leonardi and Cherrabetti.—C. King." ALBERT WALTER GAMAGE ( Re-examined. ) The parcels were not very large—there were half a dozen phonographs in one, and two pairs of boots in another. King's statement before the Magistrate: "The two boys are prosecuting the other two prisoners, which they know nothing about. The two boys with me were Charles Traylen and Harry Lane. The boys saw me carrying a paper parcel, and they accused me of carrying a waistcoat and trousers in the parcel; if you will send to a public-house and ask for a chap who took the coat and trousers to mind; the prosecutor is only going by what they say about me carrying the parcel." King's defence. "The prosecutor only identified me because as I was put amongst others the policemen were looking at me, and the—detectives were witnesses. " GUILTY . Williams then PLEADED GUILTY to a conviction at Clerkenwell Police Court on December 12 th , 1902. Williams and Brook were stated to be associates of thieves. WILLIAMS — Twelve months' hard labour and fifteen strokes with the birch rod; BROCK — Thirteen months' hard labour; KING — Nine months' hard labour. Gregory and Glasgow were commended by the Court, and £1 each was awarded to them. 158. WILLIAM SYMONDS (44) PLEADED GUILTY to fraudulently obtaining from Esther Bird and two others, 1s. each by false pretences, having been convicted of a like offence at Westminster Police Court on November 29, 1901, in the name of William Symonds. Two years' hard labour. — (159) JOHN NUGENT (20) , to stealing a piece of cloth and 2s. from the person of Rudolph Thieloki ( See page 237).— [Pleaded guilty: See original trial image.] And (160) SADIE DUNK (26) , to feloniously marrying Carl Jorgensen during the life of her husband. To enter into recognisances. [Pleaded guilty: See original trial image.] 161. HENRY RICHARDS (42) , Robbery with violence on Edward Lewis , and stealing a watch and watch-guard, his property. MR. ORMSBY Prosecuted. EDWARD LEWIS . I am barman at the Sun public-house, Long Acre—on Saturday, December 13th, the prisoner came in, he appeared to be drunk and was not served—he went to a corner of a seat and went to sleep—I woke him up and I said, "You must not sleep here"—I thought he was going out and left him—about twenty minutes afterwards I went back again and saw him asleep—I said, "Come on, you had better go out"—he said, "All right, governor, I will got out"—he got up, walked to the door, put his foot against it, and snatched my watch and chain and gave me. a punch in the face—I caught hold of him and shouted to two customers in the next bar, whom I knew—they rushed to my assistance, a policeman was fetched and the prisoner was given in charge—I went to the station—my watch was worth 35s.—I gave 1s. for the chain; it was a brown leather strap—it snapped. Cross-examined by the Prisoner. We did not struggle till you had my watch—I asked you to go out—I never turned you out—I did not ask the customers to come and give evidence—there were three people in the bar—the barmaid refused to serve you because she said you were drunk—you gave a blow at my face, but missed it as I slipped aside. EDITH HARRIS . I live at the Sun public-house, Long Acre—on Satur day, December 13th, the prisoner came in the house and asked for a drink—I objected to serve him because he appeared drunk—Mr. Lewis came and said, "Do not go to sleep here, this is not a sleeping house"—the prisoner got up and went to the door, but instead of going out he hit Lewis on the stomach, but whether he hit him on the face I cannot say. WILLIAM STEPHENS . ( Detective E. ) On the evening of December 13th—I was called to the Sun public-house—I told the prisoner I was a police officer, and should arrest him for stealing a watch from a gentleman—he said, "I was not drunk"—when charged he said, "I did not assault him, I only took the watch out of his pocket"—he had been drinking, but was not drunk. CHARLES HANCOX ( Police Sergeant E. ) I was present when Stephens arrested the prisoner, but did not hear what was said, because of the cabs going by—I told him he would be charged with stealing a watch and assaulting the barman—he said, "I did not hit him or steal his watch." The prisoner put in a written defence, denying that he struck the prose cutor or that he had any intention to steal the watch, and stating that he was too drunk to remember much about it, and thought he was going to be charged with being drunk; but that he had a good character, and that he was employed at a gold and silversmith's, and the prosecutor ought to have sent for a constable to eject him if he was an undesirable customer. CHARLES HANCOX ( Re-examined. ) The prisoner has been convicted of larceny and forgery. GUILTY of assault with intent to rob. He then PLEADED GUILTY to a conviction of felony at Marlborough Street Police Court on October 17 th , 1900, in the name of Henry Oliver. Another conviction was proved against him. Six months' hard labour. 162. GEORGE PEARCE (22) , EDWARD LEWIS (17) , WILLIAM WELSH (17) , and EDWIN FOX (16) , Robbery with violence on Frederick Herve and stealing £2 19s. his money. MR. PETER GRAIN Prosecuted. FREDERICK HERVE . I am a cigar manufacturer of 309, Green Lanes, Finsbury Park—about one a.m. on December 14th, I was in Jerusalem Court, a narrow passage leading from St. John's Square to St. John Street—a man sprang from a doorway just behind me and punched me on my mouth, tripped me over, held my head down, and with two or three others rifled my pockets, in which I had about £3; £2 in gold and the rest in silver—they made off; I got up and heard a constable blowing a whistle—I saw 129 G, and told him what had happened—I next saw the four pri soners in the court with the constables. Cross-examined by Pearce. I stated a different amount at the police-court, but I remembered I had not counted my change—the total I had was about £3—I was sober. Cross-examined by Lewis. I do not remember seeing any woman till afterwards. Cross-examined by Fox. I knew there was a thoroughfare—I have several times gone that way home; it is a near cut through St. John Street. JESSE FAIRFAX (129 G. ) About 1.15 a.m. on December 14th, I was in Jerusalem Passage—I saw the four prisoners, with two more, and two young women, walking out of Jerusalem Court—I next saw the prosecutor coming out of the court—his hat was covered with mud—I asked him if anything was the matter—he made a complaint and pointed to the pri soners who were then running away in different directions—I blew my' whistle and followed Welsh and Fox, who were stopped by Ross—I ran after Pearce and Lewis, who ran in the direction of St. John's Lane—when they saw Ross and Wells coming in the opposite direction they com menced walking—I caught Pearce and told him I should arrest him for being concerned in robbing a man in Jerusalem Court; he said, "I was going home to my wife and family"—I took him into custody—another constable stopped Lewis—the prisoners were brought to the station—none of them made any answer to the charge—3s. in silver was found on Lewis and 4d. bronze; on Welsh, 18s. 6d. silver; on Fox, 1s. silver and 2d. bronze; and on Pearce, 6d. silver, and 5 1/2 d. bronze—they were all sober. BERTIE WELLS (173 G. ) About 1.15 a.m. on December 14th, I was in St. John's Lane—I heard a police whistle blown—I ran in the direction of Jerusalem Court, St. John's Square—I saw Pearce and Lewis running round the corner—when they saw me they went by me, walking—when Fairfax came round he pointed them out—Fairfax arrested Pearce and I pursued Lewis—I chased him about 200 yards and into an empty building—he said, "I did not have anything to do with it"—I brought Lewis out of the building and he was taken to the station with the others. Cross-examined by Lewis. You climbed on to the window of the second floor of the building. FRANK ROSS (319 C. ) About 1.15 on December 14th I was in St. John Street—I heard a whistle and went in the direction of Albermarle Street, near Jerusalem Court—I saw Fairfax following Fox and Welsh—where the road widens they started walking, and I grabbed them—Fox said, "You are not going to charge me, governor, are you? you know me"—then the prosecutor and the constable came up—they were all taken to the station and charged—they said nothing. Cross-examined by Welsh. You asked me what I wanted you for, and I said I did not know—that was before the constable came up—you did not say, "You have got the wrong two." Cross-examined by Lewis. I do not recollect your saying, "You have got my two innocent mates." Pearce, in his defence on oath, said that he was going home from work and stopped to have several drinks, when he met two strangers, and then the prosecutor, who said lie had lost £2 in gold, and then other sums till it got to £3: £2 10s. being in gold; but that he was innocent, and knew nothing about the charge. Lewis, in his defence on oath, said that he went to hear the waits with his two mates; that he pointed out the two men; and that he went into an empty building after the constable, who took him to the station; but that he did not know Pearce. Welsh, in his defence on oath, said that he went with Fox to hear the waits, when the constable caught hold of them. Fox made the same defence as Welsh, but not on oath. GUILTY . Judgment respited. 163. LOUISA BEAUMONT (24) , was indicted for and charged on the Coroner's inquisition with the wilful murder of her newly-born female child. MR. MATHEWS and MR. STEPHENSON Prosecuted; and MR. SYMMONS Defended. HENRY NICHOLLS ( Police Sergeant 11 T). Produced and proved a plan of Eton's Buildings and Running Horse Yard, Brentford. EMILY HESTOR ELLIOT . I am a widow living at 25, Eaton's Buildings, Brentford—the prisoner was living at my house in December last, and slept in the same bed with me—I never noticed anything about her—on December 2nd, about 10.30 p.m., we both went to bed together—at 4.30 a.m. she said she was in dreadful pain—I offered to get up and make her a cup of tea—she said she would not have any, but that she was going down to the w.c. which is in the yard—she put some petticoats and a blouse on, went down, and was away about ten or fifteen minutes—when she came back she laid outside the bed beside me—I asked her if she felt better—she said that she felt no better, and would have to go downstairs again, and she went down a second time, and took a candle with her—I went to sleep and cannot say how long she was away, but I remember her coming back as I woke up—I asked her if she felt better—she said she felt a little better—I said, "Where have you been all this long while, downstairs"—she said he had been lying outside the bed along with me—she said she felt a little better and got into bed—she was very cold when she got into bed—I did not notice anything about her manner—she was quite reasonable—I got up about seven o'clock, which was soon after she came back, and left her asleep—about 8 a.m. she came downstairs—I again asked her how she felt—she aid, "a little better '"—I then went out to work, leaving her in the house—I returned home from work at 9.30 p.m.—I did not see her again till then—I said to her. "I heard there is a little baby been picked up; what a dreadful thing '"—she said, "Yes, it is a dreadful thing"—she slept with me that night—in the morning she said she felt better—on December 4th came home from work in the evening—she slept with me—I had no conversation with her—on the 5th, in the morning, I got up, and she was getting ready for work—that was the last time I saw her until I saw he at the police court. Cross-examined. I have one child—I slept with the prisoner four nights altogether—I should not see her in the day time, I go to work in the morning and do not go home before night—we usually had supper together—I had noticed nothing whatever about her condition—when she said she was in pain, and went downstairs, and was away for some time I had no suspicion whatever that anything had happened—I did not know she was in the family way—when she went downstairs the second time I went to sleep and did not know how long she was away—I was not alarmed at her having been downstairs some time, because I did not think there was anything the matter with her. HARRIET BOWLES . I live at 25, Eaton's Buildings, Brentford, and am the wife of Frederick Bowles—the prisoner came to lodge there in September last—she worked at a laundry—I never saw her husband, and knew nothing about her having been married—Mrs. Elliot and the prisoner used to sleep together—I never noticed anything unusual about the prisoner's condition—on December 3rd Mrs. Elliot came to my bed-room at 7.15 a.m. and said something to me—I then went and saw the prisoner—she was asleep—I went out at 7.45 a.m. and heard something about a baby, and I went back home and said to the prisoner: "Louie! what do you think I hear"—she said, "I don't know"—I said, "A new born baby has been picked up in the Running Horse Yard"—she said, Where?"—I said, "Round the corner, on Mrs. Jones' step"—she said "Oh dear! I wonder who put it there"—I did not notice her appearance—she went to work at about 8.15 a.m. and returned home about 11 a.m.—she said to me that she had to come home, she could not stop longer, and that she had earned sixpence that morning—she stayed indoors all that day before the fire, and went to bed about 8.30 p.m.—on the 4th she walked downstairs just before 8 a.m., and came back about 9 p.m.—some detec tives came that day and made some enquiries—on the night of the 3rd I had seen a mess in her room, and she said she had been sick—I did not form any opinion about it—it looked like sick—on the 5th she went to work at 8.15 a.m.—I said to her, "Louie, are you going to work?"—she said, "Yes, I must go; I shall be done soon"—I said, "Louie, I should not go to-day if I were you; will you have a doctor?"—she said, "No, I don't want a doctor"—I said, "Will you come with me and my husband to the police station?"—she said, "No, I will go when I come home"—people were talking about her, and I said to her, "Will you come and clear yourself at the station, and stop people's talk?"—she said, "No, I will do that when I come home"—she then went out and I saw no more of her—she never came back—I never saw any preparations for the birth of the baby—she had no boxes of any sort. Cross-examined. She had no boxes for her clothes—besides the clothes she worked in she had only a couple of jackets—she had been at the house about four months, and was working at the laundry the whole of that time—I noticed nothing about her condition—when Mrs. Elliot spoke to me I noticed when the prisoner came down in the morning that she was looking rather pale—that was the same morning that I had heard about the child being found—I did not connect those two things in my—I did not suspect anything until the detectives came on the 4th, and on the 5th I suggested her going to the police station, as I did not like the idea of people talking about our house—I did not think even then that she had given birth to a child—I did not know she was in that condition. MARY ANN O'BRIEN . I am the wife of Michael O'Brien, of 32, Eaton's Buildings, Brentford—the prisoner is my sister—she is 24 years of age, and is married—she parted from her husband twelve months ago last October—she had had a child by him—it died when it was two and a half years old—I saw her late in November, and noticed that she was looking rather stout—I thought she was gaining flesh—I called her attention to it, but she tossed her head and laughed—on December 3rd, about 8 a.m., she came to my bedroom—I was in bed, with my back towards her—she said there had been a baby found—I said "Where?"—she said, "On Mrs. Jones'doorstep"—I said, "Oh, my (God"—she stood still a minute or two and then went out of the house. Cross-examined. She said nothing after I said, "Oh, my God"—I did not turn round to see her—I laid with my back toward her—it occurs to me now that had I turned round to her I might have got to know everything that had happened—I did not know anything serious had hap pened and I did not happen to turn round. JAMES CHELTON . I live at 16, Running Horse Yard, Brentford—on December 3rd, at G.45 a.m., I was woken up by my dog barking—I go up and dressed, and spoke to a neighbour, Mrs. Noakes, who got a light—opposite the front of the house there are a number of water-closets—I went towards them and saw a newly born female child on the paving stones—it was screaming—the after birth and cord were attached to it—there was no clothing on it—it was a bitterly cold morning—I went for a policeman—there was blood and other matter on the closet doorstep. Cross-examined. I come out of that yard every day to go to business, and go back at night—there are other houses in the yard, Nos. 13, 14, 15, 16, 17, and 18—the water-closets would be used by the other people living in the yard—the child was lying flat on its back. JAMES WILLIE (303 T. ) I went to Running Horse Yard with a rug and opposite No. 15 I found a newly born female child, crying—I held out the rug, and the last witness put the baby in it and I took it to the station—it was partly covered with blood and excrement, and there was blood on the pavement—I noticed a cut over its right ear, about two inches long, and bruises on the right side of the head and shoulder—it was a bit terly cold morning—it continued to cry, and I sent for the matron and doctor. Cross-examined. When I arrived, the child was lying flat on its back—to the best of my recollection the yard is paved with asphalt. MARY ANN COX . I am matron at the Brentford Police Station—on December 3rd. about 7 a.m., I was called to the station, and saw a female child in the office—it was crying—I took away the after birth, cut the cord which was still attached to it, and washed it—I afterwards took it to the Union. HENRY NICHOLLS ( Police Sergeant 11 T. ) No. 25, Eaton's Buildings lias a garden opposite, in which there is a water-closet—the distance from there to the Running Horse Yard is 108 yards—Running Horse Yard is a cul-de-sac , and would probably be used only by the people residing in it. Cross-examined. The garden of No. 25. Eaton's Buildings, is in the front—there is no back—the pavement in Running Horse Yard has brick work let into it where it has been broken—the water-closet has a step to it almost level with the yard. HENRY MULLINS ( Detective T. ) At 7.30 a.m. on December 3rd, I went to Running Horse Yard, and opposite No. 15, I saw a pool of blood and human excrement, about 2 feet 9 inches from the water-closet, and splashes of human excrement on the outside of the door—I went into the water closet—I found no trace of blood or excrement there—I also examined the water-closet at 25, Eaton's Buildings—I found no blood there. LOUISA DANTON . I am the wife of George Danton, of 117, Park Road, Acton—I work for Mrs. Perry, a laundress—the prisoner worked there with me for five or six weeks before December 3rd—I noticed her appear ance, and she told me she was seven months gone in the family-way—she said her husband was dead—on December 4th, when she came to work, I noticed a change in her appearance, she was much thinner—I asked her if she felt better, and she said "Yes"—on her way home from work she said she went to a doctor and paid him 1s. 6d. to have the baby turned. Cross-examined. She said that after I had asked her about her altered condition—I said at the police court, "I turned and said to her, your baby has dropped a lot this morning," and it was in answer to that, that she said she had been to a doctor—it was between a week and a fortnight before December 4th that she told me she was seven months gone. ALICE GEE . I am the wife of William Gee, of 18, Shaftesbury Road, Acton—we keep a lodging-house—on December 5th the prisoner called and asked for a bed—she said she had come from Stepney and that it was too far for her to go home that night—I let her have a bed for 4d. for the night, and she slept with a Miss Allen, and remained on in the house, and slept in the same bed with Miss Allen till December 10th. WALTER DEW ( Detective Inspector T. ) On December 10th, about 11 a.m., I went to 12 Palmerston Road, Acton, and saw the prisoner at a laundry there—I said to her, "lama police officer; your name, I believe, is Louisa Beaumont"—she said, "My name is not Beaumont"—I said, "I think it is, and that you come from Brentford"—she said, "You are wrong; I have not been to Brentford for twelve months"—I showed her a photo graph of herself and said, "You have a hat with H.M.S. Galatea on the band, and so had Louisa Beaumont"—she said, "My name is Beaumont"—I said, "I am making inquiries about a newly-born child found in Running Horse Yard, Brentford, last Wednesday morning, and as you disappeared and people said you looked as if you were in the family-way I wanted to see you, but you are not bound to tell me anything, but anything you say may be used for or against you"—she said, "I came away from Brentford because my husband should not know where I was, and people were talking about me"—lifting up her apron she said, "Do I look as if I am in the family-way"—I said, "That can be cleared up by your seeing a doctor," and I asked her to go to my office—there, I said to her, "Further inquiries will have to be made, have you any objection to seeing a doctor?"—she said, "It's no use having a doctor, I am not in the family-way now; I had a child on Wednesday morning, and that was it at Brentford; I did not know what to do in my agony, but I suppose I shall have to go through it"—on December 30th, at 1.10 p.m., I told her I should arrest her for the murder of her newly-born child at Brentford, on December 3rd—she said, "It's all lies what those women said about the instruments, and how could a woman say she saw me on Wednesday morning; I was fast asleep in bed at 7 o'clock"—on December 10th, knowing she must have been in a bad state, I sent her to the Infirmary—she made no reply when the charge was read over to her. Cross-examined. She was kept in the Infirmary till December 30th—she was suffering from fever when she got there—I actually showed her the photograph. CHRISTOPHER THACKARAY PARSONS , M.D. I am Superintendent of the Isleworth Infirmary—on December 10th, at 1.20 p.m., I examined the prisoner, and came to the conclusion that she had recently been delivered of a child—I could not form a definite date, but it would be within ten days—after her admission she developed symptoms of puerperal fever—that is a common occurrence within four or five days of confinement. Cross-examined. I did not see the child—at the time of confinement a woman is often incapable of forming a sound judgment—it also sometimes occurs that women make mistakes as to the time of their confinements, and the labour pains are mistaken sometimes for a mere desire to evacuate, and a woman may think that she needs to go to a water-closet, when as a matter of fact labour pains are actually upon her. THOMAS EVERARD WATTS SILVESTER , M.R.C.S., L.R.C.P. I am Assistant Medical Superintendent of the Isleworth Infirmary—on December 3rd a female child was brought to me by Mrs. Cox, the matron of the Infirmary—it had been washed and the umbilical cord had been cut—it was a full time child and still alive—I examined it and found a cut two inches long above the right ear, a swelling on the right side of the head and oozing—at the post mortem examination I found beneath the cut a zig zag fracture of the skull three inches acoss the side of the skull—beneath the fracture the brain was practically pulp—a portion of the skull was depressed and there was a certain amount of brain substance external to it at the base of the skull in front of the attachment of the spine—that was a second fracture—in my opinion those fractures could not 'have been caused by the child falling from the body of its mother in the act of delivery, because the first-named fracture was at the side of the head instead of on of where the skull would naturally have come in contact with the ground—there was extensive laceration of the brain beneath the fracture—I came to the conclusion that the injuries had been caused by a blow with some blunt edged instrument—the injury above the ear was the cause of death—beyond the injuries described there was a fracture of the upper ribs on the left side of the body close to their attachment to the spine—in my opinion that was caused by external violence, the child probably had been trodden upon as there was some bruising—when it was first brought in it was very cold from exposure—it got quite warm, but at 3.30 p.m. that day I was called urgently and found it dying, as the result of that first injury. Cross-examined. The child recovered from the exposure—the cause of death was the injury to the head, which might have been caused by a kick not accidentally, but deliberately—I could not say from looking at a fracture whether it was done by an accidental or a deliberate kick—a newly-born child's ribs are cartilage, and a slight pressure would cause them to bend out of shape, and the head would be very soft—I have seen the yard, but I do not think that if the child had fallen on the step of the water-closet it would have caused the injuries—it is possible they might have been caused by the child falling on the edge of the step and the mother, from weakness, falling upon it.—. WALTER PEMBERTON TOOKES , B.M., M.R.C.S., L.R.C.P. I am Medical Superintendent of Isleworth Infirmary—I have heard' the description given by Dr. Silvester of the child's injuries, and agree with him—the cause of death was pressure on the vital centre—the fractures must have been caused by direct violence—I saw the yard, but found nothing which was likely to cause the injuries by the child falling. Cross-examined. I do not agree with Dr. Silvester that the injuries could have been caused by a fall on the step, or upon any brickwork that I saw in the yard—there must have been a definite end to the instrument, whatever it was, in order to cause the fracture—I looked very carefully over the yard and found nothing to account for it—if the woman fell full force on to the child that would be sufficient to drive the bone right into the skull. GUILTY of manslaughter. Five years' penal servitude. 164. ELEANOR SUSANNAH GALE (36) PLEADED GUILTY to abandon ing and exposing John Gale Newland , Eric Watson , and an unnamed child under the age of two years, whereby their lives were endangered. Two years hard labour — (165) ARTHUR GOLDING CAREY (49) , to con spiring with GRAHAM BEERE (59) , by false pretences, to obtain large sums of money from such persons as should be induced to make advances on pawnbrokers' contract notes and tickets. Carey having been con victed at this Court on May 18th. 1896, of obtaining money by false pretences as Arthur Jameson. BEERE PLEADED GUILTY to conspiracy only. He received a good character. Eighteen months' hard labour. CAREY — Five years' penal servitude , [Carey pleaded guilty: See original trial image.] and (166) WILLIAM SAMUEL WOOTTEN (49) , to forging and uttering endorsements to two orders for the payment of £2 and £2 2s. Also to stealing £25, £ 12 10s., £25, £12 10s., £25 and £25, the moneys of Sir Charles Ryan and others, his masters. Also to making false entries in certain books with intent to defraud. Eighteen months' hard labour. [Pleaded guilty: See original trial image.] 167. GEORGE ROBINSON (23) , Forging and uttering an authority for the delivery of a piano, with intent to defraud. MR. B. SMITH and MR. SLADE BUTLER Prosecuted. HENRY JOHN ANDREWS . I am manager to Walter Saville, a piano dealer, of 24, High Street, Stoke Newington—on August loth, between 7 and 8 p.m., the prisoner came to the shop with a woman—they asked for the supply of a piano on the hire purchase system—they were shown several instruments, they selected a rosewood piano, price 24 guineas—I tried the pianos for them—this agreement form was placed before them and the prisoner filled it up in the name of Henry Holland, 85, Leighland Road, South Tottenham—he did not say that the woman was his wife—the form says that he is a householder, that the furniture is his personal property, and that the tenancy is a weekly one—the woman asked that the piano should be delivered the next day as they had some friends coming in—I asked them if their rent was paid up—they said "Yes," and pro duced the rent book—the piano was sent next day—the carman's book is signed by Henry Holland—on August 25th I went to 85, Leighland Road, and found that the piano and all the furniture was gone, except a table and two beds—the prisoner was not there—I saw a man named Henry Holland there—I communicated with the police and went again to the house with a detective—we saw Henry Holland and the rent book the prisoner had produced—on November 25th I went with Detective Chandler to 24, Rotherville Road—I saw the prisoner there—I said, "He is the man who obtained the piano"—he said, "Some one has given me away"—I gave him into custody. JAMES CHANDLER ( Detective N. ) I received some information and on November 15th went to 85, Leighland Road, with Andrews—there was a carpet and a bed there, the piano was not there—the house was nearly empty—a man named Holland was in charge of it—he is not the prisoner—I took possession of the rent book which I found there—Holland was the doorkeeper—the house is let out in tenancies—it was a brothel kept by a man named Home, who is now doing eighteen months hard labour—on November 25th I went with Andrews to 24, Rotherville Road—I saw the prisoner—Andrews recognised him as the man who had obtained the piano—I said "I am going to arrest you for forging a request whereby you obtained a piano"—I took him to the station and showed him the agreement and application forms—'he said "Yes, that is right, I signed them"—I placed him with six others, and a man named Miller identified him as the man who had sold him the piano. Cross-examined by the Prisoner. I did not hear Miller say anything when he picked you out—the inspector and I might have smiled because he seemed rather nervous. Re-examined. I got the receipt from Miller which bore the signature of Henry Holland—when the prisoner saw that he said "That is right." HENRY HOLLAND . In August I was lodging at 85, Leighland Road—there was nobody else there named Holland—I was the porter there—the prisoner lived there—I did not give him authority or permission to sign my name—I did not ask him to order a piano for me—I remember a piano coming—I did not sign the receipt book for it—I paid the rent of the house—I paid it for the other people living there—only the prisoner and the woman lived there—the woman gave me the money for the rent—she is 28 years old—I did not see the piano go away—it was in the house nearly a week—nobody told me why it was taken away so soon—I am a labourer. Cross-examined. I knew you were supposed to be the woman's husband—I did not know you were getting the piano in my name. By the COURT . The house was used for immoral purposes—since Miller gave evidence at the police court he has gone out of his mind—he attempted to commit suicide and is now in an asylum. The prisoner, in a written defence, said that he went to the shop to get the piano with every honest intention, with the exception of signing his name; that he afterwards had a quarrel with the woman and went to live at Manchester; that he heard that the woman had left her address; that he had never sold the piano, and did not know where it had gone. HENRY HOLLAND ( Re-examined by the Prisoner. ) You left the house soon after the piano came—you wrote to me and asked me to meet you at Broad Street Station—then you went to Southampton and Manchester—I did not write to you and say that the woman had given up the house and sold the furniture—I have not met her since you have been in prison. GUILTY . He then PLEADED GUILTY to a conviction of felony at Clerk enwell police Court on August 16 th , 1900, as George Ross. Six other con victions were proved against him. Three years penal servitude. 168. JOHN NUGENT was again indicted ( see page 263) for feloniously wounding Andrew Lunde with intent to resist his lawful apprehension. Second Count , with intent to disable him; Third Count , with intent to do him grievous bodily harm. MR. ROACH Prosecuted. ANDREW LUNDE . I am a builder, of 5, Ratcliff Street, St. George's—on October 17th, about 8 p.m., I was passing along Russel Court with a friend named Andrew Anderson, a sailor—he is now at sea—two men came up to cuddle us—my friend said "My watch has gone"—the prisoner was one of the men—I saw the chain hanging out of the other man's trousers, he ran away down Gravel Lane—I ran after him—the prisoner came along side of me—I got a blow on my nose—I took no notice and ran on—the other man ran into Lavender Court—I ran after him and got him out—the crowd was so horrible I could not stand it and I let him go—I went after him again—I caught him and put my hand into his pocket but the watch was not there—the crowd was knocking and kicking me—my nose was broken and I had sixteen marks on my body—I went to the police surgeon—I had two marks on my nose for a fortnight—the prisoner is one of the men who was hitting me and breaking my nose—he was arrested on December 17th—I picked him out from other men—I have known him since he was a boy. CHARLES GRAHAM GRANT ( Divisional Surgeon H. ) On October 17th I saw the prosecutor at the station about 8 p.m.—he had a broken nose, two blackened eyes, and complained of pains in his back and various other parts of his body, from kicks and blows—I did not see them, but no doubt the bruises came out afterwards—the broken nose was a recent injury. WILLIAM QUIDLAND ( Detective H. ) On October 17th I received infor mation, and on January 14th I saw the prisoner in custody on another charge—he made no reply to this charge—he was put among twelve others and Lundal came and pickedhim out. GUILTY on all the Counts. He then PLEADED GUILTY to a conviction of felony at the Thames Police Court on November 11 th , 1891. Two other convictions were proved against him Six years' penal servitude for the assault , and Twelve months' hard labour for the stealing, to run concur rently. 169. DANIEL LYONS (40) , Feloniously marrying Minnie East Naylor during the life of his wife. MR. S. JONES Prosecuted. THOMAS JAMES WHITTLE . I live at 53, Church Street, Warrington—I was present on June 9th, 1890, at the Parish Church, Warrington, when the prisoner was married to Alice Hutton—lie afterwards lived with his wife near the barracks and the station—he was a colour-sergeant in the King's Liverpool Regiment, and during the following August was put under arrest for a military offence and reduced to the rank of corporal—he came to London, leaving his wife at Warrington, I think during 1891—a boy was born in 1801 and died a few weeks after Lyons'arrival in London—his wife joined him in London, but returned to her mother at Warrington in 1891 or 1892, and he rejoined her there—he was employed as a barman by Peter Walker and Sons for some time, and lived with his wife and mother-in-law—after he left Walker's he was employed by the Castle; Rubber Company at Warrington, as time keeper, during 1892—he lived with his wife till about 1893—two children were born at Warrington—a week or so after he was discharged from the Rubber Company, he came to London, and that is the last we have seen of him—I produce the cer tificate of his marriage—he is described as a bachelor, of 28 years, and Alice Hutton as a spinster, 23 years of age. Cross-examined by the prisoner. She went back to Warrington first and you afterwards, because she packed the furniture—you were left to forward it, and when it arrived at Warrington, some valuable articles were missing—this is a doctor's certificate that she is now suffering from enteric fever. MINNIE EAST NAYLOR . I live at Bath Road, Hounslow—on January 26th, 1001, I went through the form of marriage with Daniel Lyons at the parish church of St. Paul's, Hounslow Heath—this is the certificate—I heard he was a widower—he had not told me so; he did not tell me anything—this child is by him. ROBERT JOHN SMITH . I am a sergeant in the 6th Battalion of the Mid dlesex Regiment—I was present on Januray 26th, 1901, at St. Paul's, Hounslow Heath, when the prisoner was married to Minnie East Naylor—I was one of the witnesses who signed the register—this is the certificate. THOMAS TAYLOR ( Detective Sergeant T. ) I produced these marriage certificates at the police court—I have compared them with the registers at the various churches—they are correct—I arrested the prisoner about 9 a.m. on December 19th at Manchester—when I told him the charge he said. "I thought my wife was dead, I heard she had died, and also one of the children "I never heard of his inquiring about her. The prisoner statement before the Magistrate: "I reserve my defence, but it is nearly eight years since I heard my wife. I was told by a friend she was dead. I wrote to her mother for contradiction or confirmation of the report, but received no answer." The Court directed the jury, as there was no evidence that the prisoner knew or heard anything of his wife's existence for seven years, there was no case. NOT GUILTY . 170. WILLIAM MITCHELL (50) and PATRICK LYONS (33) , Rob bery with violence, with two other persons unknown, on Celeste Celaschi , and stealing a watch and part of a chain, his property. MR. ARMSTRONG Prosecuted. CELESTE CELASCHI ( Interpreted. ) I live at 2, Eyre Place, Eyre Street Hill—I am an asphalte worker—on the night of Christmas Day, about 12.15 I was with a friend in Clerkenwell—four men came behind us—the pri soners were two of them—they held me—Lyons took my watch—they ran away. Cross-examined by Lyons. I cannot tell the street in Clerkenwell—I do not know Clerkenwell—I have not lived there—I was about ten metres from the police when I lost my watch and chain. Cross-examined by Mitchell. You were in front of me and Lyons on my left—you took my arm. THOMAS SYRATT (109 G. ) I was on duty in Clerkenwell Close on Christ mas night—I saw the prosecutor with four men round him—they ran away when they saw me—I went towards the prosecutor—he showed me a broken piece of a watch chain—I gave chase after the four men—Con stable 42 joined me a little lower down, and afterwards Shearman—Con stable 42 and I caught Mitchell, and 400 E. caught Lyons—I took Mitchell to the station after Lyons was arrested. Cross-examined by Lyons. I was ten to fifteen yards off when—I turned the corner and saw the prosecutor—you had had drink, but you were not drunk. Cross-examined by Mitchell. You were running when you were stopped—you had had something to drink, but you were not drunk—I did not Jose sight of you—I crossed the road within 200 yards of you, and chased you along the straight road. SIDNEY SHEARMAN (400 E. ) I was on duty on Christmas night at Back Hill, Clerkenwell, with Pearce—I heard a whistle blowing, and saw Lyons running closely followed by Syratt—I gave chase—Lyons ran through Crawford Passage, where I arrested him—on the way to the station he became very-violent—he put his leg between mine and threw me to the ground—before I could regain my feet he gave me a violent blow on my stomach and on my right shin—another constable came and blew his whistle for assistance—we had to put him down and send for the ambu lance, he was so violent—it required six constables to take him to the station on the ambulance. Cross-examined by Lyons. When the whistle was blown I was standing at the corner of Back Hill and Ray Street with 275 and 400 E. —you kicked me in the Farringdon Road on the way to the station—two had hold of you when you knocked me down. Lyons: defence: I was drunk and heard a whistle blown; I turned to see what was the matter and the policeman caught hold of me, as I thought, for being drunk; I had a black eye; nothing was found on me; I have served three years in South Africa. Mitchell's defence: I went on Christmas night from my home in Clap ham to see a friend at Clerkenwell, and was drinking; but I know nothing about the robbery, though I heard a whistle blown; I was too drunk to run. LYONS — GUILTY ( See next case ). MITCHELL — NOT GUILTY . 171. PATRICK LYONS was again indicted with GEORGE JARMAN (42) . for robbery with violence, with two others, on Robert Johnstone , and stealing 8s., his money. MR. ARMSTRONG Prosecuted. ROBERT JOHNSTONE . I live at 13, Emanuel Road, South Hackney—about 1.30 a.m. on December 23rd, I was in Pentonville Road, walking home—Jarman, with three men, hustled me against some shops—they were coming the opposite way—they pushed me against shops—Jarman put one hand over my mouth and the other hand down my right-hand trousers' pocket—he took out between 7s. and 8s., which he handed over to some of the other men—I heard a police whistle, and saw Jarman tussle with a policeman—the other three made off—I went to the police station with the policeman and Jarman—I do not recognise Lyons, but I was right in front of Jarman. Cross-examined by Jarman. I was not walking with a constable when I first saw you—when I saw the constable with you I said, "That is one of them"—I was going towards the Angel—you were taken close to me. CHARLES CAPES (331 G. ) I was on duty in Pentonville Road on the early morning of December 23rd—I watched the prisoners and two others from 1.15 to 1.30—they were together for about a quarter of an hour or twenty minutes they were loitering about—I saw them stop a woman—she escaped and ran down Pentonville Road—I next saw them strike the prosecutor—I saw money passed by Johnson—I still watched them about half—the width of the road off, only a few yards away—I was in a dark place and they were under a big lamp, an electric light—I saw them hustle the prosecutor against the door of the Belvedere public-house—Lyons held one arm, and a man not in custody held his other arm—Jarman placed his hand over the prosecutor's mouth and his other hand in his right hand trousers' pocket—I ran across the road and knocked Lyons over—then I apprehended Jarman and took him to the station—I identified Lyons on January 30th at Clerkenwell Police Court. Cross-examined by Jarman. I took you when you had just done the robbery, and were passing money to a very tall man not in custody—you did not run away because I held you. Cross-examined by Lyons. When I identified you I said, "This is the man, but he is dressed differently to what he was when I last saw him." Jarman's statement before the Magistrate: "I know nothing at all about this affair. Previous to my being arrested by the constable I was coming along Pentonville Road about one a.m. when I was hustled by three or four strangers, one knocked my hat off and threw it into the road. As I was stooping to pick it up, the men surrounded me and took all my halfpence, about 14s. or 15s., and tore the pocket out. I turned and struck one of them. I have a mark on my left hand. Soon after coming along I was passing by the Belvedere public-house, "when the prosecutor and the constable came up to me. The prosecutor said, 'Here is one of them.' I protested my innocence to the policeman. He took no notice of me But took me the station." He repeated in substance this defence on Oath Lyons' defence: I know nothing about it. GUILTY . Jarman then PLEADED GUILTY to a conviction of felony at Clerkenwell in April , 1897, in the name of O'Sullivan. Two other convictions were proved against him. Both prisoners were stated to be the associates of thieves. Four years' penal servitude each . 172. WILLIAM HAROLD JOHNSON (69) and ANNIE ELIZA BETH WEBSTER WILSON (42) , Conspiring and agreeing together to obtain by false pretences from D. H. Evans and Company, Limited , goods value £64 1s. 6d.; from Crisp and Company, Limited , goods value £36 13s. 5d.; and from Satterfield, Bye, and Company, Limited , goods value £9 8s. 2 1/2 d. with intent to defraud. MR. CHARLES MATHEWS MR. HUMPHREYS , and MR. BOYD conducted the Prosecution; MR. WILDEY WRIGHT appeared for Johnson, and MR. CRISP, K.C . and MR. SWANTON for Wilson. PERCY GREEN . I am secretary of Messrs. Satterfield, Bye and Company, silk mercers and drapers, of Manchester—we opened an account with Mrs. Wilson in April, 1901, after having received a satisfactory reference from a Mr. Wisbey, who Wilson said was her solicitor—between April 15th and 24th, goods were supplied to the amount of £9 8s. 2 1/2 d.—on the 25th we received a large order from Mrs. Wilson, and instructed our solicitors to make further inquiries, after which we did not execute the order—amongst the goods supplied were several articles of men's clothing—we applied for payment of the account, but did not succeed in getting it, and a writ was issued—we obtained judgment and execution was issued at the address of Mrs. Wilson, 78, Hamlet Gardens. Ravenscourt Park, W.—the goods were then claimed by Johnson, and on the advice of our solicitors we did not contest the claim—we have never received any part of our account or any of the costs incurred. Cross-examined by MR. WRIGHT . Mrs. Wilson's first letter to us has been lost—she returned goods to the value of 17s. 6d.—some goods were sent on approbation—we did not think of taking criminal proceedings until Messrs. Evans wrote to us about November last—I cannot prove that execution was put in for the debt. Cross-examined by MR. CRISP . "I cannot swear that the order we refused to execute was not merely an estimate for a tea gown and a poplin dress. Re-examined. I did not know that the two prisoners were living to gether at the same address. FRANK WILLIAM STOREY . I am clerk to Messrs. Chester, Broome, and Griffithes, of 36, Bedford Row, the London agents of Messrs. Crofton, Craven, and Worthington, of Manchester—on April 25th, 1901, we received a communication from them, in consequence of which I went to 456, Mansion House Chambers—I took Exhibit 21 with me—the name of Wisbey was on the door—I saw Johnson—I asked to see Mr. Wisbey, and was told that he was not in—I showed Exhibit 21 to Johnson, and asked him if Mr. Wisbey knew about it—he said he did, and that I need not trouble him; but that he had written it himself as managing clerk—I said I preferred to see Mr. Wisbey himself, and I made an appointment for the next day—Johnson wanted me to leave the reference with him, and said that he would get it countersigned by Mr. Wisbey, but I did not—I kept the appointment for the next day, but was not able to see Mr. Wisbey, a and made a further appointment for the following day, April 27th—I was then introduced to him—I spoke to him on the matter, but he seemed dazed and not to understand me—I asked him to sign the reference, but Johnson suggested that a copy should be made, and Mr. Wisbey wrote a copy—I took the two papers away with me—I telegraphed at once to the Manchester solicitors, and wrote the same night. Cross-examined by MR. WRIGHT . I can only give the effect of my inter view with Johnson, I do not pretend to remember the exact words. GEORGE WESTON . I am caretaker at Hamlet Gardens Mansions, Ravens-court Park—I remember Johnson taking No. 78 in July, 1900—I re member Mrs. Wilson coming to reside at the flat some time after Johnson took it—she remained there till February last—about that time Johnson got behind in his rent, and the bailiffs were put in—Mrs. Wilson then removed some of the furniture saying that it belonged to her—the distress was paid out. Cross-examined by MR. WRIGHT . I did not know that Johnson had given notice to quit the flat—I remember Mr. Johnson being very ill while at the flat. Cross-examined by MR. CRISP . I am about the flats every day—I should know of any furniture going in or out—I should think Johnson had £200 worth of furniture—I do not know if Mrs. Wilson took any furniture to the flat—she went there about six months after Johnson took possession. GEORGE FOWLER . I am secretary to Mansion House Chambers, Limited—13, Sise Lane and 11, Queen Victoria Street are both entrances to the building—in March, 1898, Johnson became tenant of offices 453 and 456—from September, 1889 he had been tenant of offices 412 and 413, and on the door were the names of W. H. Johnson, the Commercial Assets Purchase Trust. Limited, the London Press Bureau, the Ladies' Business Agency, and Chas. Bassett—on the door of 453 and 456 were the names of H. C. Wisbey and John Pater. Cross-examined by MR. WRIGHT . The rent of 412 and 413 was £70, and of 453 and 45G, £80 a year—I do not recollect the name of Wisbey being on the door of 412 and 413—we do not object to a tenant sub-letting unless we have any special reason—Nos. 453 and 456 do not communicate—there is a pigeon-hole communication, but no doorway—the windows of 456 look on to the corridor—I do not recollect seeing the name of the Commercial Assets Purchase Trust, Limited, on them—I do not recollect seeing "Private. W. H. Johnson "on the door of No. 453. Cross-examined by MR. CRISP . I have repeatedly had occasion to go into Johnson's offices—he seemed to me to be carrying on a perfectly respectable business. Re-examined. We were never applied to by Johnson for permission to sub-let. JOHN LAING HALES . I am a clerk in the accountant's department of Messrs. D. H. Evans and Company, Limited, drapers and silk mercers, of Oxford Street—in May, 1901, we received a letter from Mrs. Webster Wilson asking to open an account, and giving as a reference a Mr. Wisbey, a solicitor of Mansion House Chambers—the letter was handed to me for the purpose of taking up the reference—a day or so after I went to Mansion House Chambers to see Mr. Wisbey—I saw the name of Wisbey on the door—a youth showed me into an inner room where I saw Johnson—I asked him if he was Mr. Wisbey; he said yes; I told him I had called in reference to Mrs. Wilson's letter to know if she was good for £50 credit; he said that she had an income of £100 a year, besides a salary of £120 a year as manageress of the Ladies Business Agency, 61, Regent Street, and that she was safe for £50—I" reported the conversation to my em ployers, and an account was opened—I, personally, had no authority to give credit—in September, 1901, I called at the offices of the Ladies' Busi ness Agency to try and get some money—I saw Mrs. Wilson, but did. Not succeed in getting any—I have called three or four times since, but have never received any money—the account was afterwards put into the hands of Mr. Gery, the solicitor. Cross-examined by MR. WRIGHT . It is not my usual business to take up references—I took up this one because I happened to be going to the City at the time—I am positive I was shown into an inner room at Mansion House Chambers—I did not notice "Private. Mr. W. H. Johnson "on the door of the office—I am positive that I asked Johnson if he was Mr. Wisbey, and he said, "Yes"—if I had known he was not I should not have accepted his statements—I was present before Master Lawford on December 2nd, 1901, when Mrs. Wilson was examined as to her means—Johnson then acted for her—that was the first time I learned Johnson's right name—I saw the name of Wisbey on the door at Mansion House Chambers, but I cannot remember the initials—I believe the statements made to me by Johnson to be false. Cross-examined by MR. CRISP . In my interview with Johnson he did not say anything to me about Mrs. Wilson's divorce matters—I first learned that she received £100 a year alimony at the examination before Master. Lawford—I also heard then that she was bringing an action for libel against Mr. Wilson—she has paid £10 off her account—criminal proceedings were not commenced till last November; I do not know why. Re-examined. Mrs. Wilson I think afterwards abandoned her libel action—I have no power to institute a prosecution on behalf of Messrs. Evans. JOHN LLOYD . I am an accountant in the employ of Messrs. Evans and Company—in May, 1901, we received a letter from Mrs. Wilson asking for permission to open an account, and giving as a reference the name of Mr. Wisbey, a solicitor—the letter has been lost—I handed it to Mr. Hales to make enquiries—in consequence we wrote to Mrs. Wilson saying that a monthly account might be opened—goods to the value of £74 1s. 6d. were supplied between May 14th and September 30th—£10 has been paid off—several articles of gentleman's clothing were supplied. Cross-examined by MR. WRIGHT . I have power to authorise accounts to be opened—this account was opened on the strength of Mr. Hales' inquiries—I think his report was written, but I cannot be certain—the gentleman's things supplied to Mrs. Wilson amounted to about £5—an account was delivered the first week of every month—I do not think Messrs. Evans, Limited, agreed with Mrs. Wilson to take instalments of £10 a month. Cross-examined by MR. SWANTON . I was censured by the managing director for allowing the account to run to such a high figure—the directors are responsible for instituting criminal proceedings, not me—Mr. Gery has been solicitor to the firm for some years. GEORGE BERTIE BROOKS . I am a solicitor, and managing clerk to Mr. A.R. Gery at his West End office—he also has an office in the City—he was appointed solicitor to Messrs. Evans and Company when the com pany was formed in 1894—I had charge of the civil proceedings of Messrs. Evans against Mrs. Wilson—I produce the writ dated October 21st, 1901—we got judgment on November 26th—on December 2nd Mrs. Wilson was examined before Master Lawford as to her means, and we then came to the conclusion that we could get nothing out of her—Johnson attended on her behalf—I produce an office copy of her depositions—an attempt was made the same day to garnishee her salary, but we have never got anything. Cross-examined by MR. WRIGHT . Mrs. Wilson was not re-examined before the Master—it is not true that I objected to Johnson re-examining her on the ground that he was not a solicitor—I have searched the roll of solicitors as far back as 1876, but have been unable to find William Harold Johnson as a solicitor—I did not hear of Mrs. Wilson's libel action until the examination—she then told me that she had withdrawn the proceedings and that Messrs. Law and Worssam, the solicitors for Mr. Wilson, were going to pay her a considerable sum of money—I went to them to see if it was true. Cross-examined by MR. CRISP . I knew Mr. Wisbey was a solicitor on the record, and I knew that Johnson was representing him at the examina tion—I do not think Mrs. Wilson was ill when before the Master—there was an application for an adjournment, but that was on the ground that she was a witness in a divorce action, and not that she was ill. Re-examined. I had no reason for objecting to Johnson re-examining Mrs. Wilson if he had wished to. ARTHUR HENRY JOHN WALKER . I am a clerk in the employ of the Economic Bank, Limited, 18, Bishopsgate Street Within—on July 24th, 1900, Johnson opened an account with us in his own name—I produce the appli cation form—on September 7th of the same year he opened another account in the name of the Ladies' Business Agency, Limited, of 11, Queen Victoria Street—I also produce the application form for the opening of that account—nobody had authority to draw on that account except Johnson, till January 26th, 1901, when we received instructions to allow Mrs. Wilson to draw—the last cheque drawn upon the account was on February 4th, 1901—in January, 1901, Johnson opened a third account with us in the name of Wisbey and Company, of 456, Mansion House Chambers—only Johnson had power to draw upon that account—I never saw Mr. Wisbey—that account is now practically closed. Cross-examined by MR. WRIGHT . Johnson had no account with us before July, 1900—I think the fact of a man having three banking accounts at the same bank is a proof of bona fides. Cross-examined by MR. CRISP . The account in the name of the Ladies' Business Agency was opened with a payment of £132 2s. 9d. we have no means of knowing to whom that money belonged—it was paid in by a cheque drawn on the London and South Western Bank, by Wainwright and Whitehead, stockbrokers. EBENEZER CHAPMAN . I am a clerk in the office of the Registrar of Joint Stock Companies—I produce the file of the Ladies' Business Agency, Limited, showing that the company was registered in April, 1892—its address was 413 Mansion House Chambers—in the return for 1894 W. H. Johnson is described as the secretary, pro tem , and is so described in the next six returns—on March 29th, 1901, the registered office was changed to 61, Regent Street—the notice of change of address is signed "Annie Elizabeth Webster Wilson, manageress"—the total number of shares issued was 242, of which 120 were held by W. H. Johnson—I also produce the file of the Commercial Assets Purchase Trust, Limited—it was incorporated in 1889, the address being 60, Chancery Lane—in November, 1889, it was changed to 412, Mansion House Chambers—the notice of change of address is signed "W. H. Johnson, manager"—every return except for the year 1890 is signed "W. H. Johnson." Cross-examined by MR. CRISP . The returns of the Ladies' Business Agency have all been in proper form. EDWARD DREW ( Detective Inspector C. ) On November 29th I called at 27, Chancery Lane, and there-saw Johnson—I told him I was a police officer and held a warrant for his arrest—I read it to him, he replied "I never de frauded anyone"—I asked him where Mrs. Wilson was, and he denied all knowledge of her—he was then sent to Vine Street—in consequence of information I received, I went to 40, Canonbury Square, Islington, and there saw Wilson—she was being detained by another officer whom I had sent in advance—I told her I was a police officer and held a warrant for her arrest as well as Johnson 's, who, I told her, was in custody—I cau tioned her, and she said, "I did not conspire to defraud; I had an income of £100 a year from my husband; I only met Johnson about two years ago last January, through an advertisement, and thinking he was a solicitor gave him my affairs in connection with my divorce and libel matters to look after and arrange for me; at that time he was at Mansion House Chambers; I afterwards found that he was not a solicitor, but paid a Mr. Wisbey for the use of his name, and now he pays another solicitor for the use of his name, a Mr. Pater, but he told me the other day that he was going to dispense with Mr. Pater, and have a Mr. Ranger; I always under stood he was able to manage my affairs; the reason I got the goods from Evans was that I was going into the Ladies' Business Agency in Regent Street, and wanted suitable clothes to wear; just as I got some light things my sister died, and then I had to get some black; my little girl was also ordered out of London for the winter, and I had to get some suitable clothes for her; I gave Wisbey as my reference to Evans, as I looked upon him as my solicitor; I cannot remember who the other reference was"—I asked her what had become of the property, and she said that Johnson had had some of it, and that some of it was worn out—when I arrested the prisoners the only charge was that of defrauding Messrs. Evans—at 27, Chancery Lane, I found four receipts for rent at 61, Regent Street—the dates range from August 31st, 1901, to April 24th, 1902. Cross-examined by MR. WRIGHT . I arrested Johnson about 2 p.m., and Mrs. Wilson between 5 and 6 the same evening—Sergeant Burton was with her about two hours before I saw her. Cross-examined by MR. CRISP . I believe Mrs. Wilson thought she was speaking the truth when she made the statement to me. EBENEZER CHAPMAN ( Re-examined. ) The return of the Ladies' Business Agency for August 23rd, 1896, is signed "A. Elkin, Assistant Secretary." ELIZABETH WILSON TOMM . I live with my husband, James Tomm, at 16a, Grand Parade, Highgate—on February 28th, 1902, I let the upper part of my house to the two prisoners, after receiving satisfactory references—Wilson told me that her name was Gurney, and that she had a business In Regent street—they came in the afternoon, but the furniture did not Come till 3 o'clock next morning—when it came I asked Mr. Gurney where Mrs. Gurney was—he said, "My wife is very ill and cannot come down"—They remained in the flat till August 25th—during that time several letters Came addressed to Mr. Johnson—I asked Mr. Gurney if they were for him, and he said, "Yes," and took them—letters also came addressed to Mrs. Webster Wilson, and Mrs. Gurney told me that that was a friend of hers who had letters addressed there—later on she told me that that was the name she carried on business in at Regent Street—she also told me that Mr. Gurney was her second husband—they left the flat owing a month's rent, and Mrs. Gurney told me she would send it on to me, but she never has done so—prior to leaving, the furniture had been taken by the Sheriff. Cross-examined by MR. WRIGHT . I only had one conversation with Mr. Gurney—this is the first time I have said that Mrs. Gurney told me that Mrs. Webster Wilson was a friend of hers who had letters addressed at her place—I was not asked the question at the police court. Cross-examined by MR. CRISP . Mrs. Gurney once or twice spoke—to me about her divorce affairs—I know that the furniture was seized by the Sheriff in the action by Messrs. Crisp—I always addressed the male prisoner as Mr. Gurney—Mrs. Gurney's sister frequently called upon her and stayed from Saturday to Monday. JOHN LESLIE . I am a clerk in the employ of Messrs. Crisp and Co. Limited, general drapers and furnishers, of Seven Sisters Road, Holloway—they also have a provision market—on April 9th we received from Mrs. Wilson an application in the name of Gurney to open an account, and giving as a reference a Mr. Pater, solicitor, of 456, Mansion House Chambers—the reference was satisfactory, and an account was opened upon the 12th—the total amount of the account is £36 13s. 5d.—it was only running five weeks—most of the goods were ordered personally by Mrs. Gurney in the shop—I recognise the female prisoner as Mrs. Gurney—we applied several times for payment, but never got anything, and eventually put the matter into Mr. Gery's hands; he is solicitor to the firm. Cross-examined by MR. WRIGHT . I do not think any men's wearing apparel was supplied—they are chiefly household goods. JAMES ROBERT SMITH . I am a solicitor and managing clerk to Mr. A. R. Gery, of 37, Walbrook—Mr. Brooks is his managing clerk at his West End office—in the beginning of June, 1902, Messrs. Crisp and Co. put the matter of Mrs. Gurney's debt of £36 13s. 5d. into Mr. Gery's hands—I had the conduct of the proceedings—a writ was issued on June 6th and judgment obtained on July 9 th—the costs were taxed at £19 5s. 4d.—execution was issued on July 22nd at Mrs. Gurney's address, 16a, Grand Parade, Highgate—the goods were then claimed by Johnson—Messrs. Crisp contested the claim, and an interpleader issue was taken—it came on for trial on October 20th—Johnson then withdrew his claim to the goods, and Messrs. Crisp became entitled to them—they were sold by the Sheriff, and realised £48 19s. 6d., and after deducting the costs, £3 16s. 4d. was paid to Messrs. Crisp and Co.—the taxed costs of the inter pleader issue amounted to £52 17s. 5d. which Johnson ought to have paid, but which Messrs. Crisp have had to pay—I know Johnson's writing—Exhibits 8, 10, 12, 21, 23, 37, and the three applications to the Economic Bank for the opening of the three accounts are all in his writing—I do not know Mrs. Wilson's writing—I know Elkin's writing—I told him to be here, but I-have not seen him. Cross-examined by MR. WRIGHT . You appeared for Johnson at the trial of the interpleader issue—I think you stated then that you thought he had a perfectly good claim to the furniture, but that you had advised him to withdraw it to avoid bringing in third parties' names—I did not subpoena Elkin to be here. Cross-examined by MR. CRISP . If there had been no interpleader issue proceedings by Johnson, Messrs. Crisp would have received £12. ALBERT BURTON ( Detective-Sergeant. ) On September 8th, after the prisoners had been arrested, I went to Johnson's office, 27, Chancery Lane—I there found Exhibits 20, 37, 38, 39, 40, and 41. Cross-examined by MR. WRIGHT . I was at Chancery Lane when Johnson was arrested—I then went to Canonbury Square and detained Mrs. Wilson till Inspector Drew arrived—there was only one warrant for the two prisoners. Wilson, in her defence, on oath, said that she had been educated abroad; that when she was eighteen years of age she went through a form of marriage with a Mr. Gurney, but on learning that the licence for marriage had been obtained by a false declaration she separated from him at the church door, and had not lived with him; that she made the acquaintance of Mr. Wilson and married him, after being advised by Mr. Edwin James, Q.C., that her marriage with Mr. Gurney was null and void, and that she was free; that she lived with Wilson sixteen years; that she believed her father, who was a nautical expert in receipt of an income of £8,000 or £9,000 a year, was very wealthy, but on his death she found that he was insolvent; that Mr. Wilson knew of her marriage with Mr. Gurney; that he then instituted divorce proceedings and obtained a decree of nullity, and allowed her £50 a year, and £50 a year for the child of the marriage; that Mr. Gurney had then gone to India, and, believing himself free, had married again; that she was then thinking of instituting a nullity suit against him, and saw an article on divorce in a newspaper; that she sent in a statement of her case to the address given, and thereby came into contact with Johnson; that through him she was appointed manageress of the Ladies Business Agency; that she paid £130 into the business; that she was to get a salary of £120 per annum, but had not received a penny; and that when she obtained the goods in question she had her income, and prospects of heavy damages in a libel action she was bringing against Mr. Wilson. GUILTY . The Jury strongly recommended Wilson to mercy. One con viction was proved against Johnson. JOHNSON , two years imprison ment in the second division; WILSON , five days' imprisonment. 173. LESLIE TRAVERS (36) PLEADED GUILTY to obtaining credit from various persons by fraud. He was again indicted for obtaining by false pretences from various persons several sums of 10s. 6d., with intent to defraud. MR. A. GILL , for the prosecution, offered no evidence. NOT GUILTY . One year's hard labour on the first indictment . 174. ANNIE WALTERS (54) and AMELIA SACH (29) , were indicted and charged on the Coroner's inquisition with the wilful murder of an unnamed infant, lately born of the body of Ada Galley . MR. MATHEWS and MR. BODKIN Prosecuted , MR. GUY STEPHENSON appeared for Walters, and MR. LEYCESTER for Sach. HARRY MANN . I am an omnibus conductor, of 65, Roman Road, Ilford—in August. 1902 I lived at 20, Church Road, Upton Park—I knew Walters as Mrs. Laming—she lodged with me at Church Road—she came about the end of August and stayed till about the end of September—the general topic of conversation when she was talking to me was the nursing and adoption of children—she wrote two letters while with me—one was posted and one was not—the one which was posted was addressed to Mrs. Sach at Finchley. Cross-examined by MR. STEPHENSON . Shortly after she came to me I knew that she was married and living apart from her husband—I do not know that she took the name of Laming in order to avoid the molesta tions of her husband—I am still under the impression that her real name is Laming. ELIZABETH LOWE . I live at 7, Crossley Street, Islington—I used to let rooms sometimes—I know Walters as Mrs. Merith—she lodged with me from October 2nd to October 29th—she said she was a midwife and nurse—she said she had been stung in her foot by a mosquito, and that the doctor at Claymore House, Finchley, had ordered her to lay up for a month—she gave me a card ( Read ) "Mrs. J. Sach, certificated midwife and nurse, Claymore House, Hertford Road, East Finchley. Private nursing home"—after she had been with me a little time she said she expected a baby to be brought to her, and that she was going to take it to a lady to be adopted, and would I mind it being in the house one night, if it came at night time—she said Mrs. Sach was to bring the baby—she told me that ladies went to Claymore House to be confined, and that the babies were taken away to be adopted by ladies—I went as far as Highgate one day in a tram with her, at her request—I left her at Highgate—on her return home she said she had been to Claymore House, and had attended a very bad case while she was there—she asked me if I would put a card "Monthly nurse" in my window—she said she would not go back to Claymore House if she could get nursing cases outside—she seemed displeased with it—she said she had to do all the dirty work and the other one reaped all the benefit—she had an ulcerated throat while with me—she left me rather unexpec tedly on October 29th. Cross-examined by MR. STEPHENSON . She said she had to do all the hard work and Mrs. Sach reaped all the benefit—I did not see Walters' husband. Frederick Lowe. I am the son of the last witness—I remember Walters lodging at our house as Mrs. Merith—she left on October 29th and I went to Claymore House to make inquiries—I saw Sach there—I asked her if she knew Mrs. Merith or Meritt—she said she did not know such a person—I described Walters as best I could—she said she did not know her—I showed her a card—Walters had written some letters while she was with us—I posted one of them—I told Sach that I had posted a letter to Mrs. Sach at Claymore House—she said she had not received a letter from Crossley Street—I said someone must be telling a lie—when I showed her the card she said anyone could get hold of that as she sent them all over the world—there were two other women present, and Sach asked them if they knew anybody staying at Crossley Street in that name—they said "No." EVA BROOKSBY . I live at 9, Manor Park Road, East Finchley, and am manager to Mr. Robinson at the Scottish Laundry, Market Parade, Finchley—I knew Sach as a customer—at first her address was 4, Stanley Road, Finchley, and last summer she went to Claymore House, Hertford oad—an indicating number is given to each customer's washing—Sach's number was F236—I always mark the things myself—this child's night gown ( Produced ) is marked F236 in my handwriting. ADA CHARLOTTE GALLEY . I am a servant and live at Stanley Villa, Finchley—last year I became pregnant, and in August I saw an adver tisement in Dalton's Newspaper —it was like this one only that the address was Hertford Road—( Read ) "Accouchement, before and during. Skilled nursing. Home comforts. Baby can remain. Nurse 4, Stanley Road, East Finchley"—I wrote to the advertiser and got an answer—I went to Claymore House and saw Sach—I had some conversation with her—I asked what were the fees—the terms agreed upon were £1 1s. a week, and £3 3s. a week during confinement—I went to stay there on September 24th—there were some other women in the house, amongst them was a Miss Pardoe—after I had been there a short time Sach asked me if I would like the child I was to bear, adopted—I said I should, and asked her how much it would cost—she said £25 or £30—I said I did not think I could afford that—Sach said she would write to the lady who was going to take it, and see if she could get it done for less—she did not tell me the lady's name or address—she said she was a lady of good position—one morning Sach came in and said that the lady would take the child for £25—I said I would try and get it—I wrote to the child's father, and when I heard from him I told Sach I would pay the £25—whilst I was waiting for my con finement I made some baby clothes—none of them were marked with my initials—on Saturday, November 15th, my child was born, about 8 a.m.—it was a difficult labour and Dr. Wylie was called in—Sach attended me—I only saw the baby for a moment before it was washed—Sach said it was a boy—it was taken out of the room and in the afternoon I heard a child crying in the next room—the day before that I had given Sach a telegram addressed to the child's father, and about 7.30 p.m. he came to Claymore House—on Sunday morning Dr. Wylie came and saw me—Sach was present—the baby was not there—Dr. Wylie asked where it was—Sach said that my sister had it at Holloway—I did not say anything—after the doctor had gone I asked Sach if the child had gone—she said it had gone that morning I stayed in the house until the police came—I had no more conservation with Sach about the child—I do not recognise Walters—I do not think I saw her at the house—this bundle of baby's clothing and this square ( Produced ) are mine—the square is marked "A. G. G."—the other things I made for my baby—this ( Produced ) is my book in which the payments I made were entered. Cross-examined by MR. LEYCESTER . When I saw the advertisement. I was influenced by the words "Baby can remain"—I had already thought of getting the child adopted—I do not remember telling Sach that whatever happened I must get rid of the baby—I wanted to have it adopted—I did not say I must get a home for it even if it cost me £50 or £60—I was conscious during the afternoon of the day that I was confined—Sach was looking after me and was in and out the whole of the afternoon. Mr.----. I swear that my correct name and address are on this card ( Produced )—I have known Miss Galley for some time and in consequence of our intimacy last year she became pregnant—it was with my knowledge that she went to Claymore House to be confined—on November 15th I received a telegram, and in consequence went to Claymore House about 7.30 p.m.—in consequence of something I had heard from Miss Galley I took with me £25 in bank notes, Nos. 09978 to 09982, dated September 3rd, 1902—I saw Sach there and handed her the notes—I got this receipt—the body of it is in my writing—Sach signed it in my presence—she asked me if I would like to see the baby—I said "Yes," and went into the kitchen and saw it—I did not ask Sach when the baby would leave the house, but she told me it would be taken away the following morning—I saw Miss Galley and then left the house. ROSINA PARDOE . I am single, and a domestic servant, of Stanley Villa, Finchley—last year I found myself pregnant—I saw an advertisement in The People , and in consequence I wrote to Claymore House—I subsequently called there and saw Sach—the terms arranged were £1 1s. a week, and £3 3s. a week for a fortnight during the confinement—when I got to Claymore House, Sach asked me what I was going to do with the baby—I said I was going to have it put out to nurse—she said she knew ladies who would adopt it if I would agree—I had seen the words "Baby can remain "in the advertisement—I considered the matter of the adoption—subsequently Sach said she still had ladies who would adopt it if I would agree to it—I afterwards agreed—she said she knew a lady who would adopt it for £30—I asked who the ladies were—she said they did not like the mothers to know their names or where they lived in case at any time the mothers wanted to take them from the ladies who had adopted them, and that I should have to sign a paper giving up all claim to the child—she said they were well-to-do ladies who had no families and wanted children to adopt—I asked her what, the money was for; I thought if the ladies were wealthy ladies £30 would not be wanted and she said the ladies liked to buy presents for the babies—I agreed to pay £30 and asked Sach what clothes I should require—she said I should want a full set, and I made a full set—she said it was not the quantity which was wanted but that they must be very good—she said she kept sets in the house at £3 3s. a set—I said I preferred to make them, and I made them while I was at Claymore House—on Wednesday, November 12th, about 8.30 a.m. my baby was born—Sach attended to me—I had no doctor—the baby was a girl—Sach took it straight away—she just lifted it up for me to see and then took it downstairs to wash it—she brought it back and told me to kiss it good-bye—I did so—it was taken downstairs and I never saw it again—in the afternoon Sach came up and asked me for the paper which I had written out, to give to the lady when she came to take the baby away—I gave it to her and asked her to ask the lady for a receipt, but I never got one—I had written to the father of the child, and by the 14th I had the £30—there were two £10 notes and two £5 notes—I gave them to Sach—I told her that I hoped, the baby would be good and that they would be kind to it—she assured me that they would be very kind—I did not ask if the child was in the house then because Sach had told me about five o'clock on the Wednesday that the lady had been down to fetch the child—on Sunday, November 16th I was not so well and asked Sach if I might see a doctor—Dr. Wylie came and saw me—Sach came in with him—he asked what was the matter and examined me—he then turned to Sach and asked where the baby was—she said at once, "Oh, her mother has taken it"—I did not contradict her because I thought she did not let the doctor know all about it—I remember Miss Galley coining and the baby being born on Saturday, November 15th—I heard it crying—on the 16th I heard a knock at the door, and later on I saw Sach when she brought up my breakfast—I said, "You have had an early visitor," and she said, "Yes, the lady has been to take away Miss Galley's baby"—on the Saturday I had asked her if Miss Galley's baby had gone, and she said it was much too cold and damp for the baby to go out, and she said she had sent a telegram to tell the lady to come on the Sunday morning to fetch it—these clothes ( Produced ) are some of those I made—this shawl and this flannel gown are what I provided for the child—this is my rent book—I have seen Walters in Sach's kitchen. Cross-examined by MR. STEPHENSON . I have only seen Walters once. Cross-examined by MR. LEYCESTER . I gave the shawl to Sach to wrap the baby in—I did not mind whether it went away with the baby or not—when I went to Sach's I had already made up my mind that it would be necessary to find a home for the child—I could not keep it with me—the conversation about it began by my asking Sach what "Baby can be left meant, then she told me that she knew ladies who would adopt children—I was still in bed when Miss Galley's child was born—Sach was not in and out of my room during the afternoon of the day when Miss Galley's child was born—she brought up my tea, but I did not see her from dinner time till tea time—she came in about six o'clock, and between seven and eight—she told me that the father of Miss Galley's child had been—she stayed in my room while he was with Miss Galley. Mr.—. My name and address are on this piece of paper—I swear they are correct—I know Miss Pardoe—I knew of her going to Claymore House and her object in going there—I was in communication with her by letter while she was there, and on November 14th I sent her £30 in Bank of England notes—two £10 notes, numbers 49172 and 49173, dated May 12, 1902, and two £5 notes, 33192 and 33193, dated August 25th, 1902. By the COURT . I am married. ALEXANDER WYLIE . I am a medical practitioner of Fortice Green Road, Finchley—I know Sach—I attended Miss Galley on November 15th—it was a difficult delivery; I used forceps, the use of which almost always causes some bruising to the child's head—the child was a healthy boy—next day I saw Miss Galley again—Sach was present—I asked where the baby was—Sach replied, "Her sister has it at Holloway"—I saw Miss Pardoe in another room—Sach came with me—Miss Pardoe had recently had a baby—I asked where it was—Sach replied, "Her mother has got it"—about November 18th I was shown the dead body of a male child in the mortuary—it resembled the child I had delivered Miss Galley of—it had a bruise on its head which was likely to be caused by forceps. Cross-examined by MR. STEPHENSON . There was a bruise on each side of the child's head—sometimes considerable pressure has to be used when using forceps. Cross-examined by MR. LEYCESTER . I am not the nearest doctor to Claymore House—I do not know that I am the regular medical attendant at the house—I went there for difficult cases, and if they left their fee before I started—this case was a difficult one. Re-examined. I have been to Claymore House thirteen or fourteen times to deliver women, besides Miss Galley, within about eighteen months or perhaps less—I went to 4, Stanley Road, before I went to Claymore House—I believe the same business was carried on by Sach at Stanley Road as that at Claymore House—I think I have seen some of the children at Claymore House after I have delivered them—I cannot say how long they stayed in the house or at Stanley Road—some stayed a fortnight some a week, and some probably less. By the COURT . I am perfectly certain I did not injure the child's head the use of the forceps. THOMAS WILLIAM HOOD . I lived at 149, Queen's Road, Plaistow—I now live at 27, Upper Road, Plaistow—I used to call at 20, Glasgow Road—I saw Walters there—she went by the name of Laming—as far as I can remember she was there from May, 1901, to June, 1902. Cross-examined by MR. STEPHENSON . I saw her husband there—they lived there as Mr. and Mrs. Laming—they separated while living there. MINNIE SPENCER . I am wife of William Spencer, of 11, Danbury Street, Islington—that house is kept by Mr. and Mrs. Seal, a police-constable and his wife, who take in lodgers, of whom I am one—on October 29th Walters came to lodge there—she told me she had a pension of 15s. a week, and had been a nurse at St. Thomas's Hospital, and that she was going to have baby, which she was going to transfer to a lady—she said the baby was to come from her friend Maude, and she was going to transfer it to a lady at Piccadilly, who was going to give £100 for it, that she was to have 30s. for transferring it, and that the mother of the baby was to get the £100 less the 30s.—she told me that she herself was a widow—she stayed in the house till November 12th, and on that day, between 10 and 11 a.m., she showed me a telegram—this is the original ( Read ): "Walters, 11, Danbury Street, Islington, London. To-night, at five o'clock"—the place of dispatch is East Finchley, and on the back there is no name of sender, but 'Claymore House'—Walters said she was going to fetch the baby that she had spoken to me about—she did not say where she was going to get it from—I was at home about 6.30 p.m. the same day—when Walters came home she was carrying a baby ( Rosina Pardoe's child )—she said, "I have got my baby, you see"—I took it in my arms and asked what it was—she said, "It is a boy"—I asked where its bottle was—she said, "They don't give me bottles where that comes from"—she said it would become an heir—I asked how old it was—she said, "About a week"—I remarked to her how healthy it looked—I have a child of my own—its face looked very red, and it looked to me as if it had not been born very long—she asked me if I would fetch it a bottle, a small tin of Nestle's, and a baby's teat, which I did—she gave me £1 to pay for them—she then asked me to fetch her a bottle of chlorodyne and a pennyworth of carbolic fluid—I fetched them, and paid for them out of the money she gave me—I handed them to her—as far as I know, the baby slept that night in her bedroom—next day I went into her room—I see the baby on the bed covered over—I could not see the baby itself; I saw there was something there; I asked Walters for the baby—she said, "It is asleep"—I went into the room again later on—Walters was in the room—there was still something covered over with the clothes—I asked her if I could nurse the baby—she said, "It is asleep, and I want you to post a letter for me"—she gave me a letter to take to the post—I noticed it was addressed to Mrs. Sach, Claymore House, Hertford Road, East Finchley—I did not succeed in seeing the child on the Thursday—I asked her when she was going to take the baby away—she said, "I do not know; it may be Friday; but Friday being unlucky, I do not think I will take it on a Friday"—next day, Friday, I was in the kitchen with Mrs. Seal—whilst we were talking about Walters she came in—she had no boots on—she was carrying a few clothes which she had aired for Mrs. Seal—she may have heard what we were saying when she came in—about 10 a.m. Walters asked me to go and buy her some flan nelette, and gave me a florin to pay for it—I went out and got it, and returned about eleven—I did not find Walters there then, she had left the house—I went to her bedroom—I did not see the baby—the something which had been lying on the bed the day before had gone—I saw the flannel wrapping there which the baby had worn on the Wednesday, and a baby's hat—I did not see Walters again that day—I had not heard the baby crying or giving any sound of life after Wednesday—on Saturday, November 15th, another telegram came for Walters, and a short time afterwards I went to her bedroom—I gave her 9 1/2 d. change, and asked her if she had got the flannelette downtsairs—she said "Yes; you should see the little baby with its laces and muslin"—seeing the telegram on the table, I said, "Is that about it?"—she said, "No, it is something else"—I did not see that telegram—I did not see Walters again that night till about 9.30 p.m., when she returned to the house, and she called to me to come downstairs and see the new baby—I went down to her room—she had a different baby lying on her bed—she said it was a girl—she said the other one had suffered from diarrhoea—then she said, "This one is going to a coastguard's at South Kensington; the mother gets £10 for the child, and I get 10s. for taking it to the lady"—she said the cause of the diarrhoea in the other child was double rupture, in consequence of which she had flown to the doctor's with it—the clothes were turned back from the second baby when it was on the bed, so that I could see it—it seemed very healthy, and had not been born many hours—I left the room then, but returned the next day, when I saw something lying under the bed clothes, much in the same way as I had seen the first baby—I did not hear the second baby making any sound on the Sunday—I went to Walters' room about 10 a.m. on the Monday, and saw the same something under the clothes on the bed, and soon after I got into the room Walters asked me to fetch her some calico, and gave me the money to fetch it—I got it, and returned to her room with it about 11 a.m.—the little heap was still on the bed—while I was there I heard a kind of croaking like this coming from the direction of the heap on the bed—Walters said, "Do you hear it?"—I said, "Yes"—she said, "The mother must have been frightened by a dog, the way it coughs so"—I went towards the bed to take the clothes off to look at the child—Walters got up and threw up her hands and said, "it is all right, I can see to it"—she did not uncover the baby then, but made a motion for me to go out—I then left the room—I returned to the room several times during the day—the heap was still on the bed—I heard no sound coming from it—I did not see her on the Tuesday. Cross-examined by MR. STEPHENSON . Walters was very excited in her manner—if there was a knock at the door she became very excited—when I first saw the first baby Walters put it into my arms, and then put it on the bed and gave it some bottle—she lit a fire in the room—she did not say Eastbourne when speaking about the coast guard, she said Kensing ton—she said the next child she had was going to the Isle of Man—she might have used the word "Eastbourne." ALICE SEAL . I am the wife of Henry Seal, a police constable, of 11, Danbury Street, Islington—on October 29th Walters engaged my back parlour at 5s. a week, and paid 5s. in advance—she came into occupation—that day—she said she had been in St. Thomas's Hospital suffering from her throat, that her husband was dead, and that after his death she had worked for Mrs. Sach, of Finchley, and that she had learnt nursing there—she said she was expecting a telegram from Sach respecting a baby—that she was to fetch it and take it to a titled lady in Piccadilly to be adopted, that the lady was going to pay £100 for the baby, and that she herself was to have 30s. for her trouble from Sach, that the mother of the child was to have the £100; and that the child would become heir to the titled lady—she said she had left Sach because she was too hard worked, and because of her bad throat—she remained in my house till November 12th—she did not go out at all—on November 12th a telegram came for her—she showed it to me—it was with reference to an appointment she had to keep somewhere at five o'clock that night—about 3.15 she left the house, and returned in a cab about 6.30, bringing a baby with her—I opened the door to her and said, "You have got it, then"—she said, "es," and gave me the baby—I looked at it—I have children of my own—it appeared to be newly born—Mrs. Spencer was sent on some errands for Walters, one of them to purchase a bottle of chlorodyne, for which Walters paid—the child slept in Walters' room that night—Walters came down early next morning to see me—I had heard no sound coming from the baby in the night—I said to Walters that the baby was very quiet—she said her babies were always quiet—I told her she would not keep one of mine quiet like that—she said she would if she had them, and that she was going to give the baby one or two drops of chlorodyne in its bottle—I said, "Oh, be careful, you-cannot give a baby as young as that chloro dyne"—she said she could drink a whole bottleful 'and it would not hurt her—I did not see or hear the baby that day—on the Friday, whilst I was talking to Mrs. Spencer in the kitchen about 9 a.m., Walters came in sud denly—she gave me some sheets which she had been airing for me—when she was about to leave the kitchen I asked her to sit down, she said "No, not now"—she said she was going to finish dressing—she had not her bodice or boots on—she went out of the kitchen and I next saw her going out of the house carrying a bundle—I then went to her bedroom—there was no child there—Walters did not return till about 8 p.m.—I saw her directly after she came in—she was intoxicated—she came down from her room to the kitchen—my husband was there—Walters looked across the table, and threw some baby linen at me and said, "These are for you"—I said, "Poor little thing; you have taken it, then"—she said, "Yes, you ought to have seen it in its laces and muslin"—I said, "Poor little thing"—she said. "oor, indeed: if one of yours was as well off"—I asked her if they were pleased with the baby, and she said, "Yes, delighted with it"—I then said something about not having seen the baby before it left the house in the morning—she said she had overheard a conversation between Mrs. Spencer and I in the morning, and that she hated liars and deceit, and that Mrs. Spencer would have to pay for it if it cost her a few shillings—I never heard any cry or sound from the child from the Wednesday night up to Friday morning, and I did not see it except when it arrived—on Saturday morning Walters came down as usual for her newspaper—she took in Dalton's Newspaper , and about eleven o'clock that morning a telegram arrived which one of my sons took in and took up to Walters—she had old me when she had received the first baby that she expected another and that she would have a telegram about it—she said the second baby was to go to a coast guard at Kensington—on the Saturday, having re ceived the telegram, she left the house about 6 p.m., and returned shortly before 10 p.m., bringing another baby—when she showed it to me, I should think it was then a few hours old—she said it was a girl, and was going to the wife of a coast guard at Kensington, that £10 was to be given to Mrs. Sach for it, and that she was to receive 10s. for it from Mrs. Sach.—she then went out for about an hour, leaving the baby with me—I have a neighbour named Mrs. White—I sent for her and we examined the child—we found that it was a boy—when Walters returned I was warming the child in front of the fire—she appeared agitated and said, "You have not undone the baby, have you?"—I said, "No"—she took it from me and I saw it no more that night—on Saturday night or Sunday morning I heard a child's cry—on Sunday morning I passed Walters' door, and she asked me if I had heard the baby crying in the night, and if it had disturbed me—I said it had not—I did not see the child on the Sunday—the last time I heard it cry was at 4 a.m. on Monday—it cried loudly then—in the morning Walters asked me if I had heard it cry in the night, and I said I had heard it cry at 4 a.m.—she said the child had a cold, and she should not take it away that day—I did not see the child on the Monday, but about 9 a.m. on Tuesday I saw Walters leave the house carrying a bundle wrapped up in a shawl—I immediately afterwards went to her room with my husband, and saw that the baby had gone—I never saw it again. Cross-examined by MR. STEPHENSON . Walters told me that she had worked for Sach, and expected a telegram, without my asking her any questions—I was not examined at the police-court—when I said to her, "our baby is good," she said, "It has got to be"—I said. "You would not get one of mine to be good by fair means"—she said, "By fair means, what do you mean"—and I said, "Unless you give it gin, like a friend of mine does"—I think she said, "The idea of giving a baby gin"—Inspector Kyd took a statement from me—I do not know if I told him anything about Walters saying she would put two drops of chlorodyne in the baby's milk. Re-examined. I have been very ill, and it was for that reason that I did not give evidence at the police-court. ISABEL SEAL .—I am the daughter of the last witness, and live with her—I remember Walters coming, and I used to talk to her—she told me she was expecting a baby from Mrs. Sach, of East Finchley, to look after—I asked her what Sach had them for, and Walters said Sach had them from young girls who could not afford to keep them, and then got ladies to look after them, and that she herself transferred them—a baby was brought to our house on November 12th—I went into Walters' room on the 13th—the baby was on the bed—I went to look at it, and Walters said, "Don't touch it, it is asleep"—on the evening of the 12th I was in the kitchen with my mother—Walters was there—I took the baby when I came home from business—Walters said she was going to take it to a titled lady to adopt—she said she wanted some chlorodyne—my mother asked what for—Walters said, "To give to the baby, it is a cross baby"—my mother said, "I would not give a baby chlorodyne"—Walters said, "One drop won't hurt it, I could take. a bottleful"—on the Saturday another baby was brought—I—went into Walters' room on Sunday morning—the baby was on the bed—I picked it up—Walters said it was a girl—I saw it again on Monday, but Walters would not let me touch it—she said, "Where is your father?"—I said, "Downstairs"—she said, "Why does not he go out and take your mother out?"—I said, "She is not well." ALBERT SEAL . I am the son of constable Seal, and live with him—on Saturday, November 15th, I took a telegram-to Walters—she said there was no answer—I afterwards followed her up Duncan Street—she took a tram to Archway Tavern, Highgate—she got out and met a stylishly dressed young person—they went into the Archway Tavern—they then got into a cab and drove up the right-hand side of the Archway Tavern—went home then—about 9.30 Walters returned home with a baby—on Monday, the 17th, I went into her room—she gave me an errand—I did not see a baby then—I saw something on the bed—Walters said, "Don't touch the dear, it is asleep"—I saw her leave the house on the Monday, carrying a bundle. By the COURT . I had been told by my father to try and see the baby on the 17th when I went into Walters' room. ETHEL JONES . I live at 22, St. Philip's Road, Dalston, and am employed at Lockhart's coffee rooms, Whitechapel—I was there on Friday, November 14th—there is a coffee room with a lavatory for women upon the second floor—I was employed on the first floor—about 3 p.m. Walters came up to the first floor—she was carrying a bundle—she sat down at one of the tables, and had some refreshment—part of the outer wrapping of the bundle was a shawl, which fell off and I saw a child—out of curiosity I said to Walters, "hat is that you have there, a doll?"—she said, "No, it is a baby under chloroform," and that it would be out about 5.30—I said I should like to see it come to—she said it would come to screaming, that she was a nurse, and had brought it from a hospital where it had had an operation for double rupture—she said she was a widow, and her husband had been dead twenty years; that the child was a boy; and she was going to take it to an accouchement home at Finsbury—the child's face was pale, and it was not making any sound or movement—if I judged by its appearance and not by what was told me, I should say it was dead then, but it did not strike me so at the time—Walters remained in the house about an hour—I did not hear any sound from the child during that time—the shawl was put over its face again—Walters asked me if there was an old man on the second floor—on the ground floor there is a notice up that the lavatories are on the second floor—there was only a young lady customer on the second floor—Walters had been talking to her for some time. Cross-examined by MR. STEPHENSON . As far as I could make out, Walters wanted to find out if there was anybody upstairs—I am quite sure she did not say the baby was asleep—I was not quite close to her all the time. JESSIE BERTHA DAVIS . I am a wardress at Holloway prison—I had charge of Sach on November 24th—I gave her this piece of paper—she wrote upon it and it was given back to me. THOMAS HENRY GURRIN . I am an expert in handwriting, of 59, Holborn Viaduct—this letter which has just been proved and these two original telegrams are, to the best of my belief, written by the same person. GEORGE WRIGHT ( Detective G. ) On November 17th I got instructions from Inspector Kyd, and in consequence on the 18th I watched outside 11, Danbury Street—about 9 a.m. I saw Walters leave the house carrying a bundle—she went through Knowles Street, and looked round several times—she spoke to somebody at the corner of Duncan Terrace, and then went down Rosebery Avenue and took an omnibus—I got on the same one—she got off at South Kensington Station on the Metropolitan Railway, still carrying the bundle—I got off too—she walked up and down outside for a little while and then went inside—she went into the ladies' lavatory of the station—I communicated with the station master—Walters came out of the lavatory still with the bundle—she stopped outside for a little while, and then I went up to her and said, "I am a police officer; I want to see that baby"—she said, "Why?"—I said, "I have reason to believe it is not as it should be"—I took her to the ladies' lavatory—she sat down in a chair, and before unwrapping the bundle she said, "I suppose you will take me to the station"—I said, "I want to see the baby first"—she unwrapped the bundle—there was the dead body of a male child in it—its hands were tightly clenched—its lips were partly blue—the right side of the face was partly discoloured—I said, "It is dead"—she said, "Yes"—I said, "I shall now take you into custody on suspicion of murdering it"—she said, "I never murdered the dear"—I told her anything she might say might be used in evidence against her—she said, "I won't say any thing, then I cannot say wrong"—I took her to King's Cross Road police station, with the body of the child—about 11 a.m. that morning Dr. Gaunter saw the body—Walters was detained at the station during the day, and about 10 p.m., when Sach was at the station, they were both charged with the murder of the child—Walters said, "I never killed the baby, I only gave it two little drops in its bottle, the same as I take myself; I took the other baby back to her," pointing to Sach—Walters was then put back in the cells—she sent for me and said, "Mrs. Sach knows where the other baby is, I took it back to her on Friday; I never murdered this one; I was going to give it back to her"—the child was wearing this garment ( Produced ); it is marked F236. Cross-examined by MR. STEPHENSON . She at once denied murdering the child when I charged her, and has done so throughout—I live close to Danbury Street—it is a very respectable neighbourhood—several police-men live close by there. ANDREW KYD ( Inspector G. ) I gave instructions to Wright, and on November 18th I went to 11, Danbury Street—I searched Walters' room—I found a feeding bottle and a small bottle of chlorodyne there, and a bottle with some carbolic in it—the bottle of chlorodyne is about three parts full, and is the form known as Collis Browne's—I then went to Claymore House, where I saw Sach—Wright was with me—I said, "We are police officers; a woman giving the name of Walters is detained at King's Cross Road police station on suspicion of murdering an infant; I have reason to believe you have given her the baby"—she said, "I do not know Mrs. Walters of 11, Danbury Street, Islington, and I have never given her any babies; I take in ladies to be confined; there is one in my house at present; she was confined last Saturday morning of a baby, a girl, it is with its mother now; Dr. Wylie, of Fortice Green Road, attended her"—I said, "I should like to see the baby"—she said. "The mother is too ill"—I sent for a doctor, and when Dr. Russell arrived, I asked him to go and look at the mother—as he was leaving the room Sach said, "It is not there, it has been taken away"—while the doctor was away she said, "Do you mean to say this person has been doing away with babies?"—on the return of the doctor Sach said, "There was another lady confined on Wednesday, and both were taken away"—she did not say "both babies"—I said, "I shall take you into custody for being an accessory to the murder"—she said, "Murder, never, do you really mean to say that these babies are dead, and that she has murdered them?"—I then conveyed her to King's Cross Road police station, where she was charged with Walters with the murder of the child—when Sach saw Walters she said, "I know the woman, as she worked for me, but I have never given her any babies"—on November 24th I went to Claymore House, and made a search there—Miss Pardoe and Miss Galley pointed out Sach's bedroom—I found about 300 articles of baby clothing there, and amongst other things I found the bundles shown to Miss Galley and Miss Pardoe today, also this flannel gown, a number of papers and documents, including a Post Office bank book—on August 30th there was a credit in that book of £20—in a memorandum book I found, "Mrs. Merith, 7, Crossley Street, Liverpool Road, London; Mrs. Mann, 20, Church, Manor Park"—Manor Park and Upton Park are in the same neighbourhood—I also found in the book a paper with "20, Glasgow Road, North Street, Plaistow," on it, apparently the heading of a letter—I found a number of letters, including one from Miss Pardoe, some business cards like the one produced—I received from Mr. Cowdell, who acted as Sach's solicitor at the police court, a £5 note, No. 09979, dated September 3rd, 1902, and from Sach's husband I received two other £5 notes, Nos. 09980 and 09981, dated September 3rd, 1902; also a £10 note, No. 49172. Cross-examined by MR. STEPHENSON . I see no notice on this bottle that the contents should not be given to children. Cross-examined by MR. LEYCESTER . I produced at the police court a letter from a woman at Woking, dated November 22nd—I found it in the kitchen at Claymore House—it had not been opened—( This was from a woman at Woking Village, saying that if the ladies at Claymore House had a baby which she could adopt, she would be glad, as she was a young married woman, but—was not likely to have any children. )—At the time that letter was posted Sach was in custody—I have not made inquiries at Woking—as far as I know that letter is perfectly genuine—when I first spoke of Walters to Sach I did not know of the name of Laming. HENRY SEAL (23 G.R. ) I live at Danbury Street—Walters was a tenant of mine, and after her arrest I searched her room—I found the square there which has been recognised by Miss Galley. JANE KINSHOTT .—I am a female searcher at King's Cross Road Police Station—on November 18th I searched Walters—she said, "I did not poison the baby, I intended to drown myself to-night, all through a man;" she had about 5s. 6d. on her and two letters. JOSEPH NESPA (179 G. ) I was on duty at King's Cross Road Police Station on November 18th—I was in the corridor outside Walters' cell—she called me—I cautioned her that what she said might be used in evidence against her—she made a statement to me—I took notes of it—she said "Where I was, if they had Jet me come out I wouldn't be here now"—I was called away then—I went back again and wrote down what she said further—"The child, was so cross I put two drops in its milk, and when I woke up in the night I found the child dead; as for killing that baby, I never did, and if I had got away I would of drowned myself; a lady asked me to mind the child till she got someone else to mind it; Mrs. Seal saw me take the baby out this morning, and it barked like a dog; the man stopped me; I intended with what bit of money I had to wander about till it was dark, and end myself; wherever I go to-day or to-morrow I will shake till I drop; they have opened my letters by this time, and if I had got away, I intended to do away with myself; I never killed the baby, I only gave it two little drops of chlorodyne; I take a lot myself; I lived twenty-four years in Peabody's Buildings, Drury Lane, with my first husband; if they open my letter they will find I have made a confession"—at 10 o'clock she called me again, after she had been charged with Sach—she then made another statement to me which I took down—( Read ) "If you go to East Finchley Post Office, you will find telegrams addressed 'East Finchley, to Plaistow, Sach '—she has sent me telegrams to meet her at Finchley Station, where I took the baby from her, and on occasions other babies, and took them back after three days; I can see now I have been a foolish woman." Cross-examined by MR. STEPHENSON . She did not make a state ment to me with reference to her relations with her husband. CONRAD JASPER LAMBART . I am a clerk in the advertisement department of the People —in May, 1901, we received an advertise ment in reference to a house at Wood Green—it continued to appear in the paper till November 9th, 1902. THERESA EDWARDS . I live at the White Bear, Berwick Street, Oxford Street—I was at 4, Stanley Road, Finchley, for nearly a year—during that time I became well acquainted with Sach—this letter which has a newspaper cutting attached to it is in my writing—Sach asked me to write it—the cutting was on it when I wrote it—Sach told me what to say—the letter was posted—( Read ) "Claymore House, Hertford Road, East Finchley, 23rd June, 1902. "Gentlemen, I have just left 4, Stanley Road, and am living at the above address. Kindly continue my advertisement as usual five times, for which I have enclosed postal order for £1. Yours truly, Nurse Thorne"—the cutting is, "Doctor recommends comfortable home, skilled nursing, every care, terms moderate Nurse"—"4, Stanley Road "is crossed through, and line is put round "Claymore House." Cross-examined by MR. LEYCESTER . There was not a Miss Thorne staying in the house—Sach told me that that was her name when she was in the hospital—I have never heard that Nurse Thorne was her sister-in-law. C. J. LAMBART ( Re-examined ). This letter was received at the People office—the advertisement at the top of it had appeared in the paper previous to the date of the letter, and after that date the address was altered from 4, Stanley Road, to Claymore House, Hertford Road. Cross-examined by MR. LEYCESTER . I never had any idea that there was anything wrong with the place—it did not strike me that there was anything peculiar in the advertisement. MISS HARRIS . My real name and address are correctly written, upon this piece of paper—I am single—in July, 1902, I saw an ad vertisement in the People —at that time I was pregnant—in conse quence of the advertisement I went to Claymore House and saw Sach—I was accompanied by a gentleman, and I made an arrange ment with Sach that I should go and live at Claymore House—the terms arranged were one guinea a week, and three guineas a week for a fortnight at the time of my confinement—I went into residence there on July 30th and remained there until October 23rd.—( MR. LEYCESTER submitted that the prosecution was not entitled to offer evidence to show all the transactions carried on by the prisoners, as it was simply suggesting that there was something suspicious about the adoption of the children, when no definite evidence could be called and MR. STEPHENSON appealed to Mr. Mathews not to give the evidence, as it would be safer and fairer not to give it. MR. MATHEWS sub mitted that he was entitled to give the evidence, as intention was the very essence of the offence. MR. JUSTICE DARLING ruled that the evidence was admissible, and that Mr. Mathews could offer it if he wished. )—my child was born on August 28th, but after I had been at the house three or four days Sach asked me what I was going to do with the baby—I said I did not know—she said, "Why don't you get it adopted"—I said, "an you get them adopted?"—she said, "Yes, I often have ladies requiring children to bring up as their own"—she said she had one lady who lived in a flat at Kensington Gore waiting then, who would adopt a baby for £25—I told her I would talk to my friend about it—the night before my baby was born I said I would have it adopted—Sach said that the lady at Kensington Gore had got one, but she had another lady who would take it for £30—I agreed to that, and on August 30th my friend came to the house and the money was paid over and this receipt taken, "Claymore House, East Finchley, received of Mrs. Harris, August 29th, 1902, the sum of £30, Amelia Sach"—I thought the baby had gone the same night that it was born—Sach told me before I went to sleep that it had gone, but I have been told differently since—Sach told me it had gone to Sevenoaks in Kent, but gave no address—I asked her how it was getting on and she said it was getting on fine and growing a big boy, and that she often heard of him, but she did not say how—I made a portion of the clothing for it myself and the rest I bought—this ( Produced ) is some of mine—Sach took the clothing down when she took the baby,' and I never saw either the one or the other again—I saw Miss Galley and Miss Pardoe while I was there—they were there for some weeks—I never saw Walters there. Cross-examined by MR. LEYCESTER . A complete baby's outfit would be about 54 articles—I had not thought about finding a home for my child before I went to Sach's—I live at the place where I earn my living, so it would be impossible for me to have a baby with me—I had not arranged whether I should go home to my people and keep the baby with me—I considered it best for the child to have a good home—Sach told me it would have a good home, that the people were very rich, and that the child would have a nurse—I have not got the numbers of the bank notes I paid to Sach—I made a lot of clothes besides these. Re-examined. I paid the notes to Sach the day after my child was born. THERESA EDWARDS ( Re-examined ). I went to 4, Stanley Road to be confined, and Sach asked me to remain on there as I done the work for her—she did not pay me—I stayed there to have a-home for myself and my baby—I know Walters as Mrs. Laming—she used to come to Stanley Road—I have seen her there about six times—we moved to Claymore House in June, 1902—I was there when Miss Harris came there—I remember the birth of her child, and on August 29th Walters came and fetched the child—I see Sach give it to her—Walters brought a parcel with her and she said it was clothes to go on Mrs. Harris's baby to go away in—I did not see it being dressed but it was wrapped in a shawl which Walters had brought with her when she took it away—I went as far as the Bald Faced Stag with Walters because Sach asked me to—Walters went by the 'bus then—I see Sach pass Walters some money to pay her expenses in taking the baby—I do not know how much it was—when Walters got on the 'bus I returned home—I saw Sach, I told her I had seen Walters go by the 'bus, and she told me not to tell her other patients that I had been to convey Walters to the 'bus—I did not say anything about it to the other patients—I remember seeing Miss Pardoe there—I do not remember seeing Miss Galley there—I left on September 23rd—I remember going to 30, Glasgow Road about the last week in February, 1902—Walters was living there then—Sach sent me there—I did not see Walters at any other lodgings. Cross-examined by MR. STEPHENSON . I was known as Theresa McCarthy—I was called "Auntie "at Sach's, but that was not my name—they also called me Mrs. Gordon, but that is not my name—I call myself Theresa Edwards now, but my real name is Theresa McCarthy—I was at Sach's fifteen months—I left because I had a row with Sach—she told me to leave her house—afterwards she asked me to forgive her, and said she would kill herself if I did not—I said I would and thought no more of what she had said to me. AUGUSTUS JOSEPH PEPPER , F.R.C.S. I am a Master in Surgery—on November 21st I made a post-mortem examination on the body of a male child in the presence of Dr. Caunter, the acting divisional police surgeon—I came to the conclusion that the child was only a few days old; the body was well nourished and free from disease—there were no marks externally, except some swelling of the right cheek and temple, which was most likely due to the use of forceps at the time of delivery—the child was full time; its hands were tightly clenched; that suggested an asphyxial death; the larynx was considerably congested, and there was congestion of all the organs of the body; the membranes of the brain were congested—those indications suggest death from asphyxia—there were some small spots of hemorrhage on the surface of the lung, which was still more conclusive—the toes were turned down in a similar condition to the hands—there was no doubt the child died from asphyxia and suffocation—the possible cause of the asphyxia was the taking of any narcotic drug which had opium or morphia as a constituent—morphia is derived from opium—the primary effect of a narcotic drug on a child of very tender days of life would be to send it to sleep—that might be the only effect according to the dose; the further effect would be continued insensibility, from which the child could not be awakened—the next would be the action of the poison upon the nerve centre in the brain and also directly upon the circulation of blood to the heart and lungs, and it would cause the lungs to become choked and so impede the respiratory organs, when death would result—sometimes narcotics produce convulsions, and are very likely to do so in young children—con vulsions might kill the child at once by asphyxia, of which the narcotic would be the occasioning cause—I heard the noise made by Mrs. Spencer in Court; assuming that she correctly represented the sound, I should say that they were the child's dying gasps, and that is consistent with the administration of a narcotic—I am familiar with chlorodyne—one of its constituents is chloroform, and it smells strongly of it; morphia is also one of its constituents—I should say that two drops of chlorodyne would be fatal to a child of this age—it is a patent medicine—I am judging from the dose which is recommended to adults, the maximum dose being thirty drops—it states on the bottle ten to thirty drops—I have never prescribed it—people take it for diarrhoea—the proportion of the drugs in it is not stated—I should say it ought not to be given to a child of this age except under medical advice, and then in infinitesimal quantities—if the child was suffering intense pain it might be advisable to give it a dose of some form, but not that form of chloroform, because it is a patent medicine—if a child was crying, and, therefore, thought to be a nuisance, it might be given in a way as other sedatives are—I did not form any precise opinion as to how long the child had been dead, it was a question of a few days at the most—Dr. Caunter had previously made an examination, but the body was perfectly fresh for examination, there was nothing to prevent my making a reliable examination—there was no food in the stomach or small intestines—I should say the child had not been fed for many hours before its death—unless the child had taken food and vomited it, I don't think it had been fed within twelve hours, and there were no signs of its having vomited—there was a large bruise in and under, the back of the scalp—I think that might have been caused by the forceps in delivering the child—there are two blades to the forceps, and one would grasp it in front and the other behind—it may have been caused by some other pressure, or by a blow; but more likely by pressure on account of the width of the bruise—there had been no operation for hernia rupture—a surgeon would not operate on a baby a few days old for hernia unless it was strangulated—a patient who had been operated on for hernia would not be allowed to move after it, he would be confined to bed for a fortnight or three weeks—a very small quantity of chloroform would be required to make a child of this age insensible—it would probably go off in less than a minute—if a child had been put under chloroform for an operation it would not be allowed to be moved while still under the anaesthetic: it would be ex ceedingly unwise and even dangerous for the child—it would be dangerous to take it out while under the influence of an anaesthetic, whether it had had an operation or not—if a child as young as this one, was required for a long operation, and had to be kept under chloroform for some time, it would be allowed to come round a little and then go off again, and in that way it might be kept sufficiently insensible for an operation for one and a-half hours, or even longer—it is nonsensical to say that this child would awake at 5.30 if it had undergone an operation before three o'clock. Cross-examined by MR. STEPHENSON . The child might be sleepy or drowsy after an anaesthetic, but it would depend on how it was given—my opinion that two drops of chlorodyne would be fatal to a child of this age is not based on my experience, but upon what I read upon the bottle; but I know what the general effect of it is—if the two drops were dilute it would take longer to absorb; if it was put in a baby's bottle the effect might be less, as the child would probably not take the whole bottle, and so would not get the whole of the drug—in those circumstances it might not be fatal—chlorodyne is a very powerful sedative—I do not think the mark on the head had anything to do with the cause of death, because there was a considerable amount of blood extravasated under the scalp—there was none inside the skull, and that is why I thought the mark was due to pressure and not to a blow. By the COURT . If the two drops of chlorodyne had been given to the baby in a bottle of milk and had proved fatal, I should have expected to find milk or the remains of it in the stomach and the small intestines; but they were both quite empty—it is quite possible that death may have been caused by other means than a narcotic, such as the direct interference with the passage of air into the lungs. RICHARD LAWRENCE CAUNTER . On November 18th, I was acting divisional surgeon of police, and was called to the station to see the body of the de ceased—I agree with Mr. Pepper in all particulars except one, and that is that I think the injury to the back of the head was not due to forceps, unless they were put on and taken off again and then put on again; but was assured that was not the case—I agree with Mr. Pepper that that had nothing to do with the death—I think the injury to the head was due to severe pressure, if it had been done by a blow I think there would have been marks externally as well as between the scalp and the skull—I saw the body at 11 a.m. on the 18th—I should say it had then been dead from eight to twelve hours, and I should think it was nearer the twelve than the eight—the body was still warm—I think it could not have been dead much longer than twelve hours. The prisoners statements before the Magistrate. Sach says: "I am not guilty." Walters says: "I am not guilty. I wish the statement I made to go before the Judge." ANDREW KYD ( Re-examined. ) I was at the police court on December 17th, when Walters handed a statement to the Magistrate, and said she wished it to be used. ( Read ) "Your Worship,—I cannot give you other Telegram, Dated 12th November, as I gave it to Mrs. Sach the night I fetch the baby I received two telegrams from her to fetch the baby girl at five and the other Telegram was meet me at eight same place, that is on Satday night the first one I had to take to Aldgate Staishin to meet a lady at ten minets to four I was to soon so I went to Lockhart's to get some Refreshment I got that and left at four I ment the lady, she was in a Brougham she said you have come. I said yes I am could get in give me the baby I gave it to her she said untye the parcell I untied it then she in Dress the baby and gave me the closes and drest it in fine lase Robes and a boutful colke and Lace Vale she said it will be a lovly baby I said it is good little sole it never cry had it at hall she said I am going to Ireland or Scotland, I don't know wich but I am going to Pickidlley I will Drop you at St. James Street the baby was Dress and still asleep she said to me I have a bottle of Shampain in my bag poor me out a glass she Drank that and then she gave me one I said only a little I am not house to that she said it wont hurt you then I got out she gave me ten shilling I said let me know how you get home goodnight a title lady was going to adopt it I met the lady at Mrs. Sach when I went there one day Mrs. Sach said there is Mrs. Rogers a Lady Friend of mine that is all I know of this one the little baby as the Telegram said meet me at 8 was to be taken to Kensington Stashn I meet the same lady at Archway Tavern the road to Higagt Stathn she said to me the baby goy get to-night you bring it to Ken sington Statshn Monday or Tuesday be there by 10 I am going to take it to a cost Gards wife, Eastboworn I will give you ten shilling for you trouble I said, very well she had a hansom cab I walk from Higate Statithn to East Finchley I alwayes thought Mrs. Sach name was Maud she sind her name Maud alway to me an she told me she Reseve no money for the baby the mothers was hartless thing leving them in her hands I can't tell you anymoor as I don't know any think else I was greatly surprise to hear she Reseve no such money from the mothers and you know the rest the baby was only covered as farr as there waist it is a untrth what the 3 witnesses said I coved the woolen shall over the little Face and that had howles in it I did not say I did not want Mr. Seal to come in I said I did not want to disturye him as he was asleep in the next room the baby cried all night on Saturday night Miss Seal said in the morning you had a bad night, Mrs. Walters I said yes I gave the baby two drops of Chlordine, not intenthin to arm it only to mak it sleep I have taken a bottleful and it don't hurt me I gave it nothing but that Yours obediently Annie Walters " GUILTY . Recommended to mercy by the jury mainly, because they were women. DEATH . 175. ELIZA KNIGHT (30) PLEADED GUILTY to unlawfully wounding Jane Brown . Twelve months' hard labour. 176. WILLIAM BUTLER (19) and THOMAS BUTLER (22) , Stealing a watch from the person of Claud Harding . MR. ROACH Prosecuted; MR. HEDDON Defended. ALFRED ANDERSON ( City Detective. ) On January 7th, at 2.10 I p.m., was on duty in Cheapside with Detective Wise, and saw the prisoners at Mr Tomlin's window—they got alongside of a gentleman and took hold of his watch chain—they then went to the corner of Wood Street, where Thomas took hold of a gentleman's watch chain, but got nothing—they, then went to another shop—Thomas stood before William, who placed; himself by the side of a gentleman, and Thomas took this watch from Mr. Harding's left-hand pocket—I seized them both—Wise took hold of Thomas—they both struggled—I know them as brothers. Cross-examined. One stands in front and one behind, and the victim between more usually than not. FREDERICK WISE ( City Detective. ) I was with Anderson, and kept, observation on the prisoners—William went to a gentleman, and Thomas made an attempt on the gentleman's pocket—they got nothing, and went to Wood Street, where another attempt was made, and not getting any thing there they went on, and Thomas placed himself behind Mr. Harding and William took a watch from his pocket—Anderson took both prisoners round their necks, and William threw the watch into the road—they were taken to the station, and on William was found 6s. and a metal watch and chain and two or three other articles, and on Thomas 3s. 2d. and a metal watch and chain—they were charged, and made no reply—I knew them before. Cross-examined. Thomas stood behind Mr. Harding and William in front of him, pushing him. GEORGE HARDING . I am a clerk at 11, Copthall Court—on January 7th I was in Cheapside—the prisoner's pushed between me and my brother, my watch chain hit my leg, and I found that my watch was gone and the prisoners were in custody—this is it ( Produced )—when I felt the push I looked round and saw that it was William who was pushing me. Cross-examined. There was a crowd round me. GUILTY . They then >PLEADED GUILTY to previous convictions, Thomas at Aylesbury on October 4 th , 1900, and William at Nottingham on Decem ber 1 st , 1902, and several other convictions were proved against each. WILLIAM Three years' penal servitude; THOMAS Eighteen months' hard labour. 177. GEORGE PLANT (27) , Feloniously wounding Mary Ann Rowe with intent to do her grievous bodily harm. The prisoner stated in the hearing of the jury that he was guilty of un lawfully wounding, upon which they found that verdict. Nine months' hard labour. 178. FREDERICK PIPE (45) and GEORGE HICKS (24) , Robbery with violence on Nathaniel Hooper , and stealing a purse and £1 8s., his property. MR. SEYMOUR Prosecuted. NATHANIEL HOOPER . I am a news agent, of 67, Great Ormond—on December 6th I was in the Mechanic public-house, and Pipe came in and spoke to me—he was a stranger, but I treated him and several others—he went out, and came back and beckoned me to the door saying, "ome on, old boy"—when I got outside he said, "Come to my place; I live just here in Sidmouth Street"—he put his arm round my neck and attempted to pick my pocket—Hicks came up and knocked me down, and put his hand over my mouth while Pipe tore my trousers pocket and took my purse containing £1 8s.—Hicks made several kicks at me—I got his hand away from my mouth and shouted for help—he hit me and kicked me on my jaw and fractured it—I was a little deaf before the assault—I had not seen Hicks in the public-house—the police took me to the Royal Free Hospital—I picked the prisoners out at the station from several others, and am quite sure they are the men. Cross-examined, by Pipe. I was there about 1.30, when the barman turned us out, but I did not see you—I was not turned out the first time I met you in the Mechanics' Larder—I treated you there—I did not ask you whether there was a w.c. there, nor did you say, "Go over to my house and I will meet you." Cross-examined by Hicks. I was in the Princes Restaurant—I picked you out on the 12th, there were eight or nine men in a row—the officer did not point you out to me. By the COURT . I was about twenty minutes in Pipe's company—it is not true that I wanted to relieve myself, nor did he suggest that I could go to his house. ARTHUR BATSFORD (29 E.R). On December 6th, about 8.30 p.m., I saw Pipe in Gray's Inn Road, and told him I should take him in custody for knocking a man down in Bray Street and robbing him—he was drunk. NATHANIEL HOOPER ( Re-examined. ) I remained in the hospital from Saturday, the 6th, till Thursday afternoon as an in-patient for a fractured jaw, and for kicks, and attended four or five days afterwards as an out patient—I was in bed ten days—I work at a small shop. Hicks' statement before the Magistrate. "I did not strike the man." Pipe, in his defence upon oath, stated that he drank with Hooper, and pointed out his house to him, but was not there when he was assaulted, and that a policeman told him that if he would swear that Hicks did it he would get off light. He admitted that he had been three times convicted. Hicks, in his defence on oath, stated that he heard a scream, and saw a man on the ground and another on top of him, and saw the man taken to the hospital, and that he had known Pipe for a fortnight, but was not with him on this evening. GUILTY . Pipe then PLEADED GUILTY to a conviction at Clerkenwell on August 27, 1892, and several other convictions were proved against, both prisoners. PIKE — Two years hard labour; HICKS — Eighteen months' hard labour. 179. EDWIN PAYNE (48) and JOHN ABBOTT (43) Conspiring to obtain money and valuable securities from divers persons as should be induced by them to take shares in certain Companies which they were pro moting, by false pretences. Other counts , for obtaining £49 from James William Mustill . £80 from Lancelot Smith , and from other persons valuable securities, by false pretences. MR. MUIR, MR. BODKIN, MR. SYMMONS , and MR. MURPHY Prosecuted; MR. LEVER appeared for Payne, and MR. HUTTON and MR. JENKINS for Abbott. JAMES WILLIAM MUSTILL , I live at 96, Browning Road, East Ham, and am now a draper's assistant—in October, 1899,1 saw an advertisement in the Daily Telegraph for a man and wife to manage a milk business—I answered it and got a reply, and came up to London from Walthamstow—I went to the office of Messrs. Abbott and Co., 79, New Oxford Street, and saw both defendants there—I said I had come in reference to their letter, and asked what my duties would be—Payne said, "My milk business which I shall want you to manage is at 4, City Road, Birmingham"—he said there were six rounds, and he was doing a fair business there—he also said he had two other businesses in Birmingham—Abbott said he had known Payne for a number of years as an honourable man who had a large dairy farm at Dowles Farm, Budeley, and a lovely looking place overlooking the Severn—Abbott said he had been there for rabbit shooting—Payne asked me if I was prepared to invest £100 in shares in the Farmers' United, Limited—I said I was prepared to do so—I went down to Birmingham where Payne promised to meet me, but he did not turn up—I saw the premises at 4, City Road, Birmingham, but I did not see any books, and I came away—after I returned to London I wrote to Payne, and received this answer ( Read ): "October 27th, 1899, Dowles Farm, Budeley: Dear Sir, Messrs. Abbott and Co. will post your agreement to-night and you will receive it to-morrow morning. Kindly let me know by early post if it is satisfactory, and what time you will be prepared to meet me on Monday, and oblige.—Yours truly, E. M. Payne"—I went to Abbott and Co.'s office on the Monday and signed this agree-ment—( This was dated October 30 th , 1899, between the Farmers' United, Limited, and James William Mustill, whereby the said James William Mustill agreed to manage a branch of the Farmers' United, Limited, at a salary of 30s. per week with a house, gas, and 2 cwt. of coal free. )—on the fol lowing Wednesday I paid Abbott £50 by cheque, and he gave me a sovereign for current expenses, and the balance of £511 I paid the next day to Payne at Birmingham—Abbott would not give me a receipt, he said it was to do with Payne, who would give a receipt in full—I gave Payne six £10 notes, and he gave me £9 change and two certificates each for fifty £1 shares—I started business at Birmingham—some business was being done—the men stopped their own wages out of their takings—there were three men de livering milk—Payne told us to stop our wages out of the takings—Payne said there were six rounds—I found only three—everything was all right the first week—after that the supply of milk got less, and they sent me one or two lots of peculiar milk—I had to go round and allow the customers for it because it was bad—the stock of milk kept decreasing, and after three weeks the business was closed, through the supply of milk stopping—we were supplied by Mr. Payne, "junior—he was the manager of the other businesses in Birmingham—the milk came to me in churns from the station, but it went through their hands first, and they had the opportunity of taking the labels off—some of it came from the Chetwynd Mills and Creamery Co.—before I went to Birmingham Payne told me his son was managing the business there—I gave notice to leave before the supply of milk stopped, because I saw the thing was a complete fraud and was losing money from the first day I went there—there was nothing to pay the three men and myself with—we started selling about 35 gallons a day at 3d. a quart, and it dropped down to 17 or 18 gallons a day, and in December it stopped altogether—after the business stopped I met Payne at Birmingham railway station and told him I was wasting my time, and asked him if he was going to pay me my wages—he said, "I am going to see if I can open up the business again; you shall have your salary all right if you will only wait"—in January I went with my wife and saw Payne at the Colonade Hotel, Birmingham—my wife charged him with being a thief, swindler and fraud, and she said she would go to Budeley with him as she was not going to starve—he aid, "Will you have any money to be going on with?"—she said, "Yes." and he gave her a £10 note and gave us some acknowledgment that he still owed us £90, to be paid on March 8th—in the meantime I was to go on trying to work up the business in the City Road, and he gave me this docu ment, "olonade Hotel, New Street, Birmingham, January 23rd, 1899, I hereby agree to give Mr. Mustill 30s. per week wages, provided he does his best to improve the City Road business, and having this day given him £10, I agree to give him £90 on March 8th next, or at any previous time if the business is sold"—I then made another attempt at the City Road—he sent about 12 gallons of milk a day and some eggs and butter—that supply continued for a week or ten days and then ceased—in March the churns, trucks, &c., on the premises were all taken away and sold at public auction—they were taken by some men from the Main Street business—that was another shop of Payne's—no notice was served upon me—I knew the men and thought they were justified in taking the—thing's away—after that I consulted my solicitor—I got back another £10, making £20 altogether, out of which I had to pay my solicitor—I did not try to sell my shares—the company was afterwards wound up—I returned to London on April 1st and called on Abbott in New Oxford Street—I there saw a similar placard to that at Birmingham announcing the sale of utensils, &c, of the Farmers' United. Limited—I asked him if he knew what sort of man Payne was, and said he was nothing more than a swindler and a fraud—he said, "I have not found him altogether straight with me," and he opened a drawer and showed me a cheque with which he had tried to save Payne's furniture—I said, "If I had a £10 note or two I would go for you; you knew very well the position he was in, and the business at the time I took it was on the verge of bankruptcy"—he said it was an undesirable thing for him to touch upon, and I said, "You have even got the bill stuck up for the sale of the things; you know the thing is a complete swindle and fraud, and you bought the utensils within two or three days of my parting with my money"—ho then said he had an appointment to keep—that was the last I saw of him till this case came on—I called several times after that, but could not find him—I went back into the drapery business of Messrs. Hunt and Co., Hammersmith, and Payne came in one day as a customer—I called him a thief again and accused him of stealing my money—he asked me to be quiet and not shout so much—I said, "Such men as you ought to be shown up"—he bought what he wanted and departed, and has not been in since—when I left the business £24 was due to me for wages—I borrowed the money which I invested in Payne's business—at the time I parted with it I believed the business to be genuine—I did not know Payne was an undischarged bankrupt. Cross-examined by MR. LEVER . The last time I saw Payne was when, he came into the shop at Hammersmith in October, 1901—I have never met him at Shepherd's Bush, nor had a friendly drink with him there—with that exception I had not seen him from March, 1900, till the institution of this prosecution—I had not instituted proceedings of any kind, nor intended to do so—I had said good-bye to the whole affair—I was not in a position to prosecute—the detectives and the Treasury first ap proached me about this prosecution—unless they had done that I should have taken no steps whatever—I had had no experience in the retail milk business, but I am a farmer's son—I left the farm at the age of fifteen—I knew what price we got for milk—after I was fifteen I followed the occupa tion of a draper—when I first saw Payne I quite understood the business belonged to the Farmers' United, Limited, which was a company—my agreement was with the company, and signed "E. Marshall Payne," not under seal—there were two other businesses in Birmingham, one in Main Street and one in Ethel Street, the headquarters—they were substantial businesses—Payne said the City Road business required working up—he did not say it was not paying—at Payne's suggestion I went to Birming ham to see the business before parting with my money—I found the books were not up to date, and they had not a secretary—I took Payne's son's word that the business was financially sound—after that I paid the first £49—I went to Birmingham again on November 6th, and stayed there about a week before I took over the business—I did not go to the business during that time—I was told not to interfere, and I did nothing at all that week—I do not think it was a bogus business—we were selling the milk at the market price—I had to account to Mr. Payne, junr., for the takings, and sent in a daily report—I never refused to do so—I never kept the men waiting for their supplies—Mr. Payne never complained to me that I was—not running the business properly—he did live at Dowles Farm—this ( Produced ) is a catalogue of the sale of utensils and produce there on January 12th, 1900—Payne complained of my paying a woman 2s. 6d. a day to clean up, and of my allowing the customers for the bad milk—he did not complain that I was not sending in the takings; I sent in all the money I took, and explained that I had to make allowances for bad milk—when. I wanted to go the rounds with the men they threw down the churns and refused to go round or to give me the customers' names and addresses—they left, and I had fresh men and went round, but the rounds got lost to the business, and there was less demand for milk—I believed the business could have been worked up—when I agreed to it being sold it was in a. much worse condition than when I put my £100 into it—I do not consider myself a thief and swindler—the business was to be sold if I could have worked it up—before I parted with my money I made enquiries about Payne through Stubbs', and got a satisfactory reply—when I took over the business I found it owed hundreds of pounds, and that there were writs out against it. Payne had said that the business was sound. Cross-examined by MR. HUTTON . I have not been to Stubbs since I returned from Birmingham—they gave me the same information as Mr. Abbott did—I went to Stubbs' because I was not satisfied with Abbott's information—I do not think Abbott had anything to do with the businesses at Birmingham—I had four interviews with Abbott altogether—the first was when I made inquiries about Payne; the second when I signed the agreement, the third when I paid the money, and the fourth when I re turned to London—the offices in New Oxford Street consisted of one room and Abbott's private office—when I went there and asked for Payne he was in Abbott's room—when I went there on October 20th I did not expect to find anyone but Payne—all the conversation I had was with Payne except when Abbott told me he had been to Budeley to shoot rabbits—when I paid the £50 Abbott said he would forward it to Payne, who would give me a receipt in full, and refused to give me a receipt—in the agreement, Abbott's name is only there as a witness. Re-examined. It is quite possible if I had made more careful inquiries I might have found that the business was no good, but I thought I was dealing with a straightforward man—Mr. Payne, junr., told me that the books were not up to date, and that I could not see them—I did not buy the business—I deposited the £100, and got the shares in the company—if the company had been solvent I still think the business could have been worked up—I did not take proceedings against them because I had no money, and my friends would not part with any more—when I went to Birmingham I understood I was to go straight into the management but I found someone else there and had to wait a week before I went in—some of the milk came from the Chetwynd' Mills Company, Newport, and some from local farmers—they had a big stock of churns with the Newport name on. LANCELOT SMITH . I am an accountant, of 94, Bathurst Gardens, Kensal Rise—in February, 1902, I saw this advertisement in the Daily Telegraph: "Partner wanted to supervise five country receiving depots experience not necessary, but must be energetic and willing; to reside in the country; good salary and share of profits; premium £200; address, Produce, 2, Han way Street, W."—I replied to that and received this answer; "Welsh Creameries, Limited, Chief Office, 113, Uxbridge Road. W., March 3rd, 1902. Dear Sir,— Re your reply to Produce; I shall be at Abbott's offices, 79, New Oxford Street, on Tuesday, from 11 a.m to 12 p.m., it you would give me a call we could talk the matter over; yours truly, W. Payne"—that is in Payne's writing—on March 4th I called and saw Payne—I told him I had come in reference to his letter—he produced a handful of letters and said he had so many applications,—and asked me to pick mine out, which I did—he then said, "I have five creameries in South Wales and I want a partner to go down there to take the supervision of them"—he showed me a balance sheet and said that they worked out at a profit of 40 per cent.—I asked him if the business was a solid concern; he said, "It is a very good concern, seeing that I have sold out my farm in Oxfordshire and invested £1,000 in it"—he then said that the selected manager would be required to invest £200 in a com pany which he had formed to run the creameries which he owned previous to the company's formation, and that Mr. Gurrin was the chairman and had 100 shares in it—Gurrin or Abbott often passed in and out "during that conversation—it was possible for him to hear it—I was to have a salary of £3 a week, and the profit on the 200 shares I was to take up would make it about £5 or £6 a week—I saw Payne again on March 7th, and said I would take up the post and should want time to realise before putting my money in—on March 12th I paid Payne £80, and gave an I.O.U. for £20—in return he gave me these two share certificates ( Produced ) for £50 each; he went into Abbott's room during the transaction—I called again on March 14th and Payne handed me this agreement, which signed—he said that it was not possible to get Gurrin's signature as chair man then, as he might not see him—Abbott was passing in and out during that time—I then paid Payne £20 to release the I.O.U., and on March 18th I paid him another £50 by cheque, and gave him an I.O.U. for the remaining £50—he then gave me these two further share certificates ( Produced )—I have never received any dividend on them nor have they any market value—on March 20th I proceeded to Narberth, South Wales—I met Payne at Paddington Station—he said he had been unable to see the chairman to get him to sign the counterpart agreement, and would forward it to me in Wales, which he did, and I subsequently handed it back to him in exchange for a bill of exchange—Payne's son met me at Narberth, and I went to the St. Clears Creamery, the head-quarters, twelve miles off—I saw some books there, but I had no chance to examine them, they were immediately removed and sent to London—I did look at them, and they appeared to have been kept very badly—I stayed there five days—I found the business had been conducted in a reckless manner—the accounts were in arrear, and things were altogether wrong—I found they owed money for milk to the farmers—I returned to London on March 26th and wrote to Payne saving I wanted to see him urgently—he had removed to 109, Great Russell Street—I saw him there—he said "Good morning," and ushered me out into the street to talk—I said, "Things are not what you represented them to be in Wales"—he said, In what way?"—I said, "Your credit does not seem to be very good there"—he said, "You have been listening to idle stories"—I said, "You have stopped one of the creameries unknown to me and the farmers there have not been settled with, and you owe the rent of the premises"—he said he did not owe anything, and would return me my money in full, in a month—a fortnight after that I returned to St. Clears after having had an interview with him at Mr. Morse's office, the accountant—he then said he would appoint another manager, and asked me to sign an authority to him to sell my shares to the incoming manager—I declined to sign anything —when I returned to St. Clears I found business still declining—I then wrote this letter to him ( Dated May 16 th , 1902, and stating that he had been advised to file a petition for winding up the company, unless his money was returned forthwith. )—I received a letter from Mr. Morse in consequence of which I agreed to hand over my 200 share certificates for £10 cash, and this bill of exchange for £150 and the return of my I.O.U. for £50—I presented that bill but it was dishonoured, and I have never recovered anything beyond the £10. Cross-examined by MR. LEVER . My complaint is based upon the account he gave to me of the business at the first interview—when I put the matter into my solicitor's hands it was with a view of taking civil proceedings—if Payne had paid the bill he gave me I should not have taken criminal proceedings—Payne said he had sold his farm in Oxfordshire, and had invested £1,000 in the business—he did not say, "Both I and my son have put in all the money we could spare, and I and my family have 1,000 shares in the business"—he distinctly said £1,000—there were five creameries, Narberth, St. Clears, Langharne, Letterstone, and Llanbody, covering a radius of thirty miles, practically the whole of the milk producing district—I only saw two creameries—they were properly fitted up—when I saw the advertisement I thought it was a provision business, of which I had had experience—if I had thought it was a milk business I should have had nothing to do with it—that was not my reason for wanting to get out of it—the place was pleasant enough to live in if the business had been good—at the first interview he arranged that my salary could be £3 10s. a week, but he put £3 in the agreement—the St. Clears premises had the name up of St. Clears Butter Factory Company—there was no mention of the Welsh creameries—Payne did not own the premises; he told me he did, but he had them on an agreement, and the rent was in arrear—I heard it discussed by the proprietors—I understood him to say that the balance sheet showed a net profit of 40 per cent., not gross—after the bill matured he asked for a renewal, and said he was trying to reconstruct the company, and would give me a first charge on it—I got judgment on the bill, but agreed not to enforce it if he paid £5 a month. Cross-examined by Mr. HUTTON . I have had twenty years' experience in the provision trade—I had heard of Stubbs'—I did not make any in quiries there about Payne or Abbott—I had no transactions with Abbott—I did not know he was Gurrin and never had any conversation with him beyond saying good morning. Re-examined. I returned from Wales after five days, because I found the business was insolvent—I really never took possession of the management. ( On account of the illness of John Hugh Alborough his depositions and the exhibits referred to therein relating to the purchase of a half share of a creamery at Leighton Buzzard, which had previously been ordered by the local sanitary authority to be put in repair, were put in and read. ) ARTHUR EDWARD KENT . I now live at St. Clears, South Wales, and am a butter factor—previous to that I was in business at Knocklong, count Limerick—on April loth, 1902, I saw an advertisement in the Dairy newspaper and answered it—in reply I received a letter in Payne's writing—( Dated, May 19 th , 1902, and inquiring if he was still open for the appointment, and stating that the Creameries were situated in South Wales; salary 50s. weekly, and that he would be required to take up the late manager's shares, say £200, signed, W. Payne. )—then there were some further letters between us—( Another letter from Payne stated that the terms were much higher than they had been paying, but offering £3 per week, and 10s. in line of house, and that he would have no difficulty in getting apartments; that they hoped to pay 30 per cent, dividends on their shares, all of which were held by themselves and their managers, and that there was unlimited scope for the butler trade and splendid machinery. )—I received this letter addressed to me at Knocklong, Limerick: "May 30th, 1902, postal order duly to hand; will send formal receipt and write you fully to-morrow"—I had sent a Money Order for £25, being 2s. 6d. per share on 200 shares, to Payne, 109, Great Russell Street—I gave up my position at Knocklong and came to London on June 30th—I went to 109, Great Russell Street, and saw the name of Payne up on a plate, and the name of Abbott and Co., both on the second floor—as I turned into the office I met Payne, who asked me if I was Mr. Kent—I said yes, and he took me into his office, and said that they had a good connection in cream; that they had also a shop at 113. Uxbridge Road, which was the Company's registered office; that they had two cream vans on the road in London, which were the means of bringing in a considerable amount of business, and that his son was managing the business in South Wales—the result was that I parted with the balance of £175, by a cheque for £160, and the rest in notes, in exchange for which he gave me these four share certificates ( Produced ) for £50 each, made out in favour of Mr. Lancelot Smith—he said the secretary of the company was away on his holidays, but at the nest Board meeting the certificates would be made out in my name—we then went out to see a Mr. Harrison, a solicitor, and when we returned I saw Abbott; Payne introduced him to me as Gurrin, the Chairman of the Welsh Creameries, Limited—Gurrin read over to me this agreement, and they "both signed it ( This was dated June 30 th , 1902, between the Welsh Creameries, Limited, and A. E. Kent, for Kent's employment as manager of the five Creameries in South Wales, at a salary of £3 10s. per week )—I also got this receipt: "Received from A. E. Kent the sum of £175, being together with £25 paid previously, £200, for 200 £1 ordinary shares in the Welsh Creameries, Limited, Win. Payne, managing director. June 30th, 1902"—the next day I went to Narberth—Payne's son was living there—St. Clears was the head quarters—I found there were only four creameries working instead of five; one was closed because the farmers had not been paid for their milk, and refused to supply any more—on the second day of my arrival the Narberth Creamery was closed for the same reason—I wrote to Payne, and on July 20th he came down—I told him it was a rotten concern, and I should refuse to have anything to do with it—he said I should be quite satisfied when he had explained everything; that the secretary, Mr. Stevens, was going to put £200 more into the company, and that after he had paid a few debts, which did not amount to more than £100, everything would go on flourishing—Payne stayed there two or three days, and the Llanbody place was shut up—I grew to like it less, and told him that the business was not as he had represented—he said if I was not satisfied I could leave in a month, and he would return my £200 and get another manager, and he signed this agreement ( Produced ) to that effect—after he had signed that I kept the St. Clears place working for two weeks, when the farmers refused to supply any more milk, and at the end of July the whole five were shut up—I took my salary for two months out of the takings—that was at Payne's suggestion—on August 11th I wrote and told him I should hold him to his agreement, and he sent me £20 in September to buy milk with, but I kept the money—I eventually got another month's salary from the liquidators of the company—I lost alto gether £180—when I parted with my money I believed what he said, that the business was a good one. Cross-examined by MR. LEVER . I believed what he said in his letter to me of May 23rd, and in other letters, and what he told me at the first interview—I sent the £25 and signed the agreement before seeing him, because he said the agreement was not considered settled until I had paid that amount—I knew then that I had become liable under that agreement to take the 200 shares, and to fulfil the terms of it—I agree that if there had been a capital of £5,000 or £6,000 the business might have been a successful one—the debts were about £2,000 when the company was wound up—I do not know whether that amount included £500 due to Payne—there was a good market for the milk if there had been sufficient money to pay the farmers and inspire them with confidence—I do not know that they supplied the leading firms in London—I saw the name of the Cream Dairy Company in the books—I do not recollect about Horner's, Rothwell's, and Welford's—Payne did pay some accounts when he came down—he paid R. Davis £10 17s. 7d., and the rent of St. Clears £15 7s. 6d.—at Narberth he paid D. Morris £9 17s. to redeem a cheque which was dishonoured—he also gave me £5 for current expenses, and £2 10s. for railway fares, and sent £6 for four weeks' wages—I do not know that he paid out considerably over £100—I only saw him pay two accounts—I say his motive in paying those accounts was to inspire con fidence—I do not agree that if £200 more had been put in by Stevens it would have had any weight, because I had found out that £2,000 was owing—it was not difficult for Payne to know the exact state of affairs—I only saw one book there—I received a letter from him dated July 19th, asking me to send any important letters and cheques to him at 109, Great Russell Street, as Mr. Stevens, the Secretary of the Company, was so seldom at the office—there were several accounts outstanding and difficult to get in—I did not know that it was so much as £400—he wrote saying that there was three times the amount owing to the Company than what was due from the Company, but I found out that that was incorrect—I do not dispute that Horner's and Rothwell's had been paying as much as £70 a week, because I did not see the books—he mentioned about a reconstruct tion of the Company, but I did not discuss it at any length—I agree if the company had been reconstructed and all the back debts had been paid off there was a good chance of it succeeding—there was an arrangement that in the event of a reconstruction I should take 200 shares and become the managing director, provided he could get the other capital—he Sent me £20 to buy milk for the new business, but I kept that as I was not buying any milk, on account of the collapse—at Payne's suggestion I drew up a circular stating that a new company was going to be formed, entitled "he Western Creameries Company," with £1,000 capital, but that would not have been sufficient to pay the debts of the old company, which were about £2,000, and a further £3,000 would have been required to inspire confidence and pay expenses, which were very heavy—I am still carrying on business myself at St. Clears, as a butter factor, buying butter from Ireland, from people I am acquainted with there, and sending it out all over the country—I have done business with only one customer of the Creameries—there is no particular advantage in having my business premises in St. Clears—I must keep myself going, and I might as well start at St. Clears as anywhere else—I have bought nothing from persons who were supplying the Welsh Creameries—I went to Mr. Stokes, a solicitor there, to see what the price of the leases would be of Langharne, Letterstone, and St. Clears—I did that on behalf of a gentleman in London—I was not thinking of forming a company myself—it is my opinion that if I had had the capital I could have made it pay—I do not consider that Payne was making an energetic effort to establish confidence in the farmers and pull the business round. Cross-examined by MR. HUTTON . I did say at the police court that I had absolutely no negotiations with Abbott beyond the signing and reading over the agreement, and so far as I am concerned I never paid him a far thing of the money. Re-examined. The farmers did not apply to me for their accounts—they sent them to Uxbridge Road—they were debts incurred before I went there, fully £2,000—when Payne came down and paid the accounts I have mentioned, I had just parted with my £200—if I had had the capital I could have made the business a success, but the debts were contracted before I went there, and it was hopelessly insolvent—Payne said he was going to get some of the leading dairymen in London to take up shares in the new company, but they were never produced to me. ERNEST HENRY ORCHARD . "I am a dairyman of 113, Uxbridge Road—in September, 1902, I was living at Windsor, and on September 4th I saw an advertisement in the Daily Telegraph , for a partner in a dairy business—I replied to it and received a telegram, in consequence of which I went to 113, Uxbridge Road, where I saw Payne—I asked him about the business and what he wanted for a partnership, and the salary I was to receive—he said the business was doing about £30 a week; that the profits were the usual profits, and that I should have a salary of £2 a week with rooms, milk, and gas, free—( MR. LEVER here submitted that this evi dence was not relevant, because the indictment did not charge the prisoners with having obtained money from Orchard. MR. MURPHY contended that the evidence was relevant, because 113, Uxbridge Road was the registered office of the company. The COMMON SERGEANT admitted the evidence, as the Jury had to consider whether Payne's statements to the other witnesses with reference to 113, Uxbridge Road were made fraudently or by a mere mistake or miscalculation. )—I asked him how much he would require me to invest, and he said. "£100." and that the shop belonged to him, not to a. company—I called again later the same day, and said I had been thoroughly into the matter, and asked him if everything was straight—he said that everything was quite straight—I asked when he would have the partnership deed ready—he said, "In a day or two's time"—I asked if £10 would do as a deposit—he said, "You had better make it £20"—I gave him a cheque for £20 on the London and County Bank, Windsor branch, and got this receipt, "Narberth Dairy Company, Limited, Sep tember 6th, 1902, 113, Uxbridge Road. Received from Mr. E. H. Orchard the sum of £20 as deposit in part payment of half share of partnership in dairy business, situate at 113, Uxbridge Road, London. Half share to be £100; a further £20 to be paid into the bank to partnership account, balance to be paid on or before September 10th. Proper agreement to be drawn up and signed by both parties"—he said he should want me to invest £20 besides the £100, and that he would invest the same amount him self—on September 8th I commenced my duties there, signed this three years" partnership agreement ( Produced ), and gave him a cheque for £80—this is the receipt: 109, Great Russell Street, London, September 8th, 1902. Received from Mr. E. H. Orchard £80 by cheque, which together with cheque for £20 previously paid, equals £100 as per partnership agreement, in dairy situate at 113, Uxbridge Road. W. Payne"—the first week's business came to £12 or £15—I asked him how it was it was not as stated—he said that the business had been neglected—I paid the further £20 into my account at the London and South Western Bank, Shepherd's Bush Branch—Payne did not pay in his £20, as he said he was going to buy a pony and trap for the cream round—he did not buy them—a small profit was made—when I paid my money I thought the business belonged to Payne; I understood he had bought it from a company which I did not know the name of—in September I heard from some liquidators that Payne had no right to sell the business—they have not claimed it yet—on October 1st bailiffs were put in for rent—I saw Payne about it and he said he would try and settle it—I eventually paid £19 to the brokers—soon after Payne said he was willing to sell his share in the business for £50; I offered him £45 with a £10 rebate if paid within a month, and I eventually paid him. £34 10s.—he allowed me 10s. off for paying sooner than was stated. Cross-examined by MR. LEVER . I am perfectly satisfied with the business—I have not had an offer of £150 for it—I have no complaint against Payne so long as the business is mine, and there is no trouble over it with the liquidators of the company—they have not taken any steps yet—the lease is now made out in my name, and my father has put £100 into the business—I heard after I was taken into partnership, that Payne had lent £100 through a Mr. Brown, on the business to a company, that there was a mortgage on it, and Payne had taken possession, and that was how he took me into partnership—that was when I told him about the liquidator, and he said he had arranged with the liquidator to pay him anything he got for the business over £100. Cross-examined by MR. HUTTON . From first to last I never knew or saw Abbott in any way. Re-examined. I understood that Payne had advanced the money to a company through Brown, and that the company, had mortgaged the premises. THEODORE STEVENS . I live at 25, Upper Bedford Place, and am engaged at present as joint liquidator with Mr. Morse of the Welsh Creameries, Limited—on February 22nd, 1902, I saw this advertisement in the Daily Telegraph: "Partner.—Energetic and smart man wanted as director and secretary for established and thriving private company; experience not necessary; present profits 33 per cent and rapidly increasing; liberal salary to suitable man; must take £300 in shares, absolutely secured. Address for interview, A., 79, New Oxford Street"—I answered that, and in reply received this letter—( Dated February 22 nd , 1902, and stating that he had just formed five creameries in South Wales, his son and himself holding most of the shares; that he required a secretary and director to take the London end, at a salary of £150 a year; and that the present turn over showed over 40 per cent. profit, and he expected to do four times that amount without more expense.—Signed, W. Payne. )—I replied to that and communicated with my brother in London, and soon after I received this letter—( Dated March 3 rd , 1902, from Payne, stating that his advertise ment was for a partner to supervise five country depots, and take 200 shares, to which advertisement he thought the witness had referred. )—on March 8th I saw Payne at 79, New Oxford Street, and he repeated in effect the contents of his letter to me of February 22nd, and showed me two quarterly revenue accounts of three creameries, showing, gross and net profits of £201 11s. 0 1/2 d. and £85 10s. 4 1/2 d. respectively—he said he had the lease of Narberth Factory, that the other two were in course of preparation, and that the company was a private one in his own family, with the excep tion of Mr. Gurrin, the chairman—later in that day I went back to payne's office, and he introduced Abbott to me as Gurrin—Payne said that, my duties would be to keep the books, collect the London accounts, and take the general management of the business—I saw the books, consisting of sales day book, ledger of sales, bought ledger, and bought day book—the ledgers were almost six months in arrear, and very imperfectly kept—I said that I should not be able to work them up properly, and suggested my brother doing it, who is a chartered accountant, and Payne agreed—told him there was no cash book, and he said the cash receipts were put in the sales book—he said he paid cash for the milk received from the farmers and received cash weekly with the exception of a few accounts—I decided to take up the post, and called on him again on March 24th at 79, New Oxford Street, and told him I could not pay for the shares for some days—he said the sooner I paid the better, as we could then start more quickly; that he wanted to go to South Wales to hold meetings with the farmers in order to settle fresh contracts for milk, and that he hoped to increase the supply from 500 to 5,000 gallons daily—on April 2nd I met Payne at my brother's office, 34, St. Helen's, and paid him two cheques for £57 and £243—in return he gave me three certificates for 243 £1 shares in the Welsh Creameries, and a transfer was signed for fifty-seven shares of his own—the cheque for £243 was paid into Payne's private account—on April 8th an account was opened in the name of the company, and £143 was paid in—as soon as my cheque book was printed, I was instructed by Sidney Payne, the manager at St. Clears, to pay two accounts—the first week or two I had several small remittances from St. Clears, and the takings at Uxbridge Road were sent to me by Payne—I also paid some milk accounts which ran back a month and six weeks prior to the date of my agreement, and in July, 1902, the company's account was £75 over drawn—I spoke to Payne about it, and he said something must be done to improve the business, and suggested selling the business at Uxbridge Road—he said he would see the bank manager about getting an overdraft—he did see him, and the manager said the account must be put in credit before he could make a report for an overdraft, and I put it in credit myself with £80 which I got from my father—I had put the account in credit with £10 once before that—I was never repaid—I received no further remittances from Wales, and I paid out no more cheques, because there was no money in the bank—Payne said he had got about £112 on the busi ness at Uxbridge Road from a Mr. Brown, and he gave me an account of the way it had been spent at St. Clears—on August 22nd, at 109, Great Russell Street, there was a meeting to wind up the company—there were present Payne, his son, myself, and Mr. Morse—Payne said he thought £200 would cover the liabilities, but I found that the company was hope lessly insolvent—I succeeded in getting back about £50 or £60 of my money, chiefly from the takings at Uxbridge Road—I told Payne I was doing that—the rest I have never recovered. Cross-examined by MR. LEVER . My connection with the business lasted about five months—I saw a good deal of Payne during that time—he appeared to be making an honest effort to make the thing a success—I agree that the real difficulty in the way of making the business a financial success was the want of working capital—I do not suggest that any books were kept back, but Payne might have had a better idea of the state of the business than the books showed. By the COURT . If debts were existing which were not in the books it was no use looking in the books to find them. By Mr. LEVER . I got satisfactory references with regard to Payne's character from a Mr. Harrison, a solicitor, and from the London and South Western Bank—I do not know that the balance sheets he showed me were got out by Mr. Daniels, a chartered accountant—I do not suggest that they were false balance sheets—I do not know that besides the £143 paid into the company's account Payne paid £100 on account of the com pany's matters—this ( Produced ) is a cheque for £70 drawn by Payne in favour of his son S. E. Payne on the company's bank—"order "is struck out and it is made payable to "bearer"—I do not know that it was for working expenses in Wales—it did not go through any Wales bank—it appears to have been cashed over the counter at the company's bank in London—I do not suggest that the cheque for £70 was not paid for the purpose of keeping the business going—I got the £80 from my father because I thought it would assist us in pulling round the business—in spite of the overdraft I had full faith in the company—the discussion about reconstruction was perfectly bona fide as far as I could see on Payne's part—for my part I thought reconstruction was impossible—the company's debts were £679, and the debts due to them £397—during the five months I was there I never complained to Payne of having been defrauded of my money—he never complained of my not attending to the business—I did attend one race meeting and drew a company's cheque for £37 for a bet—that cheque was due to me at the time—a writ was issued upon it against the company—the document giving a charge on the Uxbridge Road business was signed by me and another director, and it was quite open to Payne or anybody else who got the assignment of that document to take possession if the money was not paid, but there was an arrangement that Mr. Brown should hand over all above £100 that he got for the sale of the Uxbridge Road business—as liquidators we have not yet disturbed Mr. Orchard, who purchased that business. Cross-examined by MR. HUTTON . The only occasion I saw Gurrin was at a meeting of directors, at whith Payne was present—he took no active part in the management of the business. Re-examined. Brown was an existing person—he was not Payne—I understood Brown was a friend of Abbott's—I knew that Gurrin the chair man was the same man as Abbott. WILLIAM HENRY TALBOTT . I am Registrar of the Kidderminster County Court—I produced the file in bankruptcy of Edwin Marshall Payne, dated March 30th, 1900—the debs admitted for proof were £992 14s.—the assets were nil. Cross-examined by MR. LEVER . He ascribes his bankruptcy to losses in companies—he put down his household expenses for self, wife, and children for one year at £200. By the COURT . He was not discharged—there was no dividend and he did not surrender to pass his public examination. FREDERICK LOVERIDGE . I live at Lidcott Grove, East Dulwich—from December, 1896, to December last I was a clerk in the service of Abbot and Co., at 77 and 79, New Oxford Street and Russell Street—Abbott was the sole representative of the firm—I knew him as John Martin Gurrin—I have known Payne four or five years—he first came to the office about five years ago—about three years ago he told me he had taken a desk in my office with the use of Abbott's office when Abbott was not there at £20 a year, to include my services—we went to Great Russell Street in April, 1902, and he came there with us—I have seen Payne hand cheques to Abbott and I copied the Mustill agreement ( Produced ) for Payne—this notice ( Produced ) is in Payne's writing, "To all concerned, Take notice that all the furniture and effects at Dowles Farm, Budeley, belong to Mr. John Abbott, and are let to Mr. Payne on hire. Any further informa tion can be obtained from us, Abbott and Co., Auctioneers, 77 and 79., New Oxford Street, W., February 20th, 1900"—I have also written three or four references of Payne by Abbott's direction during the last three years—Payne has given me advertisements with reference to milk businesses which I have inserted—I never knew he had been bankrupt. Cross-examined by MR. HUTTON . Gurrin took over the business of Abbott and Co., public house brokers—I inserted a great number of advertisements for him with reference to public houses—beyond a doubt the business was a genuine one—regular books were kept—I got some thing for the little extra work I did for Payne—he was merely a tenant in the office; he did not act for Abbott in any way—I never saw any money pass from Payne to Abbott in reference to these different companies—so far as I know, beyond being the ornamental chairman Abbott had nothing to do with the companies. Re-examined. It is not part of the business of a public house broker to become a director of a cream company. HENRY HICKOX . I manage the Wilts United Dairy, Ltd., 4, Market Street, Paddington—I have known the prisoners for nine or ten years—in 1893 I called on Abbott at 77, New Oxford Street, in reference to an advertisement for the sale of a dairy—I asked him where it was and who it belonged to—he said it belonged to a Mr. Johnson, and was at Style Hall Parade, Chiswick, price £300—I said, "I know that dairy, it isn't worth two pence"—about a month after I saw Payne and told him I had been to Abbott to see about a dairy belonging to a Mr. Johnson, and that I had been told that he, Payne, was Johnson—he said nothing to that—in April, 1902, I went to 113, Uxbridge Road, to inquire about some of our churns that were missing—I saw Payne there and asked him about them—he said he would go and look, but he did not find any—in November, 1902, I went to Abbott's office at 109, Great Russell Street, and I saw the name up of E. Payne beside the name of—I asked Abbott if he had seen anything of our our friend. Payne, other-wise Johnson, and who Payne was, on the door—he said, "He is my outdoor man, I have have him about two years; they are two different people, Johnson has been dead about two years; he was an old man of seventy"—Abbott said he had not seen Payne for some time—just then Payne walked into the room, and I said, "Here's the very man we are talking about"—before Payne came in I asked Abbott if he knew Payne was bankrupt in 1895—he said, "Yes"—I left the office and Payne came after me into the street—I said to him, "I had some conversation with Abbott about that business you had for sale at Style Hall Parade some years ago; you tried to sell it in the name of Johnson"—Payne said, "t did belong to Johnson, I assigned the lease." Cross-examined by MR. LEVER . The business at Style Hall Parade is still in existence. Cross-examined by MR. HUTTON . I did not ask Abbott if he knew that Payne was an undischarged bankrupt—it was knowledge to the trade that Payne had been bankrupt—Abbott said, "He is my outdoor man," not "He is the outdoor man; he does outdoor business"—I had met Payne before at Birmingham—I did not know Johnson. FREDERICK HENRY MORSE . I am an accountant of 32, Queen Victoria Street—in August, 1902, I became voluntary joint liquidator with Mr. Stevens, of the Welsh Creameries, Limited—I produce the share certificate book and the transfer register—1,500 shares was the total issue—1,000 were allotted to "W. Payne," the vendor, and his nominees, under agree ment for the purchase of the businesses by the Company, in January 1902—"W. Payne" is the defendant Edwin Payne—nothing was paid for those shares fifty-seven of them were transferred to Theodore stevens, at per—the 1,000 include fifty to John Abbott—there were also fifty to John M. Gurrin—Gurrin is the same as Abbott—nothing was paid for them—Lancelot Smith and Theodore Stevens were the registered holders of 200 and 300 shares respectively, which were paid for and represented the working capital—the property consisted of five creameries in South Wales and a shop at 113, Uxbridge Road—in August last I went to the shop and found a man named Brown in possession on an unregistered mortgage by the company to him for £100—I came to a settlement with Brown by entering into an agreement with him—soon after that I found a man named Orchard in possession, who told me he had purchased the business from Payne—I never received a penny out of that for the creditors of the company—the company had a banking account, but the majority of the cheques received from customers of the company were paid into the private accounts of William Payne and Sidney Payne—some has been paid to the company, but the balance Payne has not handed over, or produced any vouchers for—the books were not kept satisfactorily—I have tried to get in the various leases of the Creameries—the St. Clear's lease is held by the solicitor who drew it up, for costs, and the previous accountant of the company has the Narberth" lease—the company never had any legal title to the leases—they were made out in the name of William Payne, and by the agreement he undertook to assign, but he never did—I have sold the goodwill of one of the Creameries for £10—I drew up this balance-sheet ( Produced ) on August 22nd, 1902—there is a debit balance of £2,095 18s. 2d. Cress-examined by MR. LEVER . That amount includes the 1,500 shares—the debts due from the company are about £600. Cross-examined by MR. HUTTON . I have never seen or heard of any moneys which should have been paid to the company having been into Abbott's account. JOHN WILLIAM ROBERTS . I am an Examiner in Bankruptcy of the High Court of Justice—I produce the file of the bankruptcy of Edwin Payne, in 1887, and of S. E. Payne in 1895—that is the prisoner Payne—in 1895 the liabilities were £624 0s. 3d., assets £158 7s. 6d.—the assets realised £19 13s. 7d.—he is described as a dairyman—he has not applied for his discharge. Cross-examined by MR. LEVER . In the 1895 bankruptcy his estimated household expenditure for two years was £491 7s. 2d.—he attributed his bankruptcy to losses in trading and bad debts—there was no sign of any rash expenditure. RICHARD DANBY . I am bailiff of the Kidderminster County Court—on February 23rd, 1900, I received the notice produced, from Payne when I went to Dowles Farm to make a levy against him. GEORGE WILLIAM THOMPSON . I am in the employ of Messrs'. Morgan and Co., solicitors, Stafford—I produce the file of the winding-up of the Chetwynd Mills and Creamery, Limited, in April, 1900—the deficiency was £2,344 1s. 9d., including £1,725 represented by shares—the estate realised £24 14s. 9d. gross—I also produce the transcript of the examina tion of John Abbott, taken on June 6th, 1901, and of Edwin Marshall payne, on September 12th, 1901—both of them were summoned to attend on May 9th, 1901—neither of them attended, and warrants were issued for their attendance—the two prisoners are the persons named—I was present at their examinations—( The transcript was put in for reference, and passages read, showing both, prisoners' connection with the Chetwynd Mills Company. ) ALBERT EDWARD HOLE . I am a clerk in the office of the Registrar of Joint Stock Companies at Somerset House—I produce the file of the Welsh, Creameries, Limited, registered on December 14th, 1901—nominal capital £2,500 in 1,500 ordinary and 1,000 7 per cent, preference shares; Regis tered office, 113, Uxbridge Road, Shepherd's Bush. Directors: William Payne, farmer; John M. Gurrin, gentleman—Payne held 653 shares—John M. Gurrin, gentleman, 36, Dartmouth Park Road, fifty shares, and John Abbott, house agent, 109, Great Russell Street, W.C., fifty shares—there is nothing to indicate that Gurrin and Abbott are one and the—same person. Cross-examined by MR. LEVER . This file of papers was open for public inspection from the date of registration. SEYMOUR LESLIE MORSE . I am an accountant, of 32, Queen Victoria. Street—the witness Frederick Henry Morse is my brother—I have known Payne and Abbott four or five years—on Payne's instructions I registered the company called the Chetwynd Mills and Creamery, Limited, and the Farmers' United, Limited, which was a subsidiary company—on Decem ber 22nd, 1899, I was appointed liquidator of the Farmers' United, Limited—Payne estimated the liabilities at £496 3s. 8d., and assets at £20—the assets realised £5, and the disbursements were £6 1s. 9d.—I also registered the Welsh Creameries for Payne, but had nothing to do with it after that. Cross-examined by MR. LEVER . The agreement between Payne, as vendor, and the Farmers' United Company, had not been registered by the secretary, consequently Payne became personally liable as a contributory—I know Payne had a farm called Dowles Farm—he was not sold up through me—I took no action, because on the application of one of the shareholders, Mr. Justice Wright directed the Memorandum to be filed. Cross-examined by MR. JENKINS . I had no interviews with Abbott in respect of the companies—he took no part in them at all. ROBERT JOHN PLATTEN . I am clerk to the Linslade, Leighton Buzzard, Urban District Council—in 1902 there was a building there known as "The Creamery," occupied by William Payne—there had been a com plaint about the premises, and in November, 1902, Payne called and said he had received a notice from the Council's solicitors asking him to put the Creamery into a sanitary condition, and that he hoped the Council would not put him to more expense than necessary, as he was about to take a partner and that if anyone called to see me he hoped I would not give the Creamery a bad name—I told him I could have nothing to do with such a transaction. Cross-examined by MR. LEVER . I knew the sanitary condition of the place, and if anyone had inquired I should certainly have informed them. By the COURT . The building was kept in a bad state, and the notice was in consequence of a serious outbreak of typhoid fever—there was no prohibition of milk in the neighbourhood, but the inspector had instruct tions to tell the person responsible that unless something was done there would be a prohibition. JAMES CUNNINGHAM ( Police Sergeant. ) On November 20th, 1902, I went with Sergeant Carlin and Inspector Bower to 109, Great Russell Street, where I saw Abbott—Bower spoke to him, and I read this warrant to him—( This was for conspiracy by Payne and Abbott. )—Abbott said,. "I do not know anything about Creameries; Payne has had an office here; that is all I know"—on the way to the station he said, "I have known Payne for many years, but I have not in any way benefitted by his profits; he was bankrupt in 1895, and only recently I lent him £30"—at that time Payne was in custody, and the warrant was read to him again in the presence of Payne; he made no reply—he gave a false address—at Payne's house I found a diary containing an entry dated November 4th, 1899; "Received cheque from Abbott re Mustill who paid him £49; Abbott deducted £9 towards cheque for £10; the remainder should be for extra, costs I paid to Harrison re bill."—on November 6th: "John Abbott bought goods at Main Street and City Road of Sheriff for valuation, £53 17s., Sheriff's costs, £9 4s.; solicitor's reduced to £10, remainder paid over, £34 to C. M. and C.; rents ought to have been deducted out of this"—I also found some cheques drawn by Payne in favour of Abbott and Gurrin amounting to £139 odd. Cross-examined by MR. LEVER . I also found cheques drawn by Abbott in favour of Payne corresponding to about the same amount—on the counterfoils of some there were notes showing that the transactions were by way of an exchange of cheques. FRANCIS CARLIN ( Police Sergeant. ) I searched Abbott's office at 109, Great Russell Street, and found some letters from Payne to Abbott there relating to the Chetwynd Mills and Farmers' United Companies—amongst them was this letter: "October 31st, Dowles Farm, Budeley, Dear Abbott, Don't forget to wire me Ethel Street, Birmingham, if Mustill pays deposit, and post cheque on at once as I expect execution in at Main Street on. Thursday morning, and shall want £50 to pay them out; give him a receipt as part payment of shares in the Farmers' United; a further £50 to be paid on Monday next, after which salary will commence.—Yours truly, W. Payne." ELIAS BOWER ( Police Inspector. ) On November 20th, 1902, I saw Payne in Oxford Street—I said, Is your name Payne?"—he said, "Yes"—I said. "What is your Christian name?"—he said, "William"—I said, "I am a police officer and have a warrant for your arrest, you must go with me to Bow Street, and I will there read it to you"—he said, "H'm"—I read the warrant to him and he said, "My right name is Edwin Payne; I have adopted the name of 'William' for some years as it was my father's name; I should like to say Kent has had £20 of his money back about a month ago, and he has had several other small sums back amounting—altogether to about £40; he has also had his salary, about £3 10s. a week, and he has the business at St. Clears; he purchased 200 shares in the Welsh Creameries; in fact he had Lancelot Smith's shares, and on the impulse of the moment I gave him an undertaking to repurchase his shares if he would carry out certain conditions which he failed to do; Smith has had back £10, and my son Marshall has guaranteed him £5 a month; I have also given Smith a guarantee to pay it off quicker if I can; I never had a halfpenny of Mustill's money, it went into the Farmers' United, Limited, and, personally, I hadn't a penny of Smith's; that went into the Welsh Creameries, Limited; Kent's also went into the same company which company owes me now £639"—at 2 p.m. the same day I went to Abbott's office and said to him, "What is your name," he said, "Abbott"—I said, "I know you as John Martin Gurrin; Sergeant Cunningham will read the warrant to you"—he did so, and Abbott made some reply—at 5.30 p.m. at Bow Street I read the warrant to them—Abbott made no reply; Payne said, "Does this mean the Public Prosecutor"—I said, "es." Cross-examined by MR. LEVER . The documents which have been put in all bear on this case—there were other documents found, but they may not bear on the case at all. Cross-examined by MR. HUTTON . Abbott has been carrying on business for about twelve years—I have not been able to discover any cheques payable to him, given by the persons defrauded. Payne, in his defence on oath, stated that at each of the times when he obtained money from the different people he believed that there was a fortune in the businesses, and that he had no intention to defraud. Abbott, in his defence on oath, said he had never benefited in any way from the companies named. GUILTY . PAYNE — Nine months hard labour. ABBOTT — Six months' hard labour. 180. THOMAS WANT , For a libel on Charles Diamond , to which he pleaded not guilty and a justification. MR. LAWSON WALTON , K.C., and MR. POLLARD Prosecuted; MR. C. F . GILL, K.C ., and MR. CLEMENT EDWARDS Defended During the progress of the case , MR. GILL stated that the prisoner would withdraw the plea of justification; upon which MR. WALTON said that as the prosecutor's character was now vindicated, he would withdraw the prosecution. NOT GUILTY . 181. THERESA CHANDLEY (24) , Feloniously wounding Theresa Isabella Chandley with intent to murder her. MR. ELLIOTT and MR. BEAL Prosecuted; MR. HUTTON and WATSON Defended. ELLEN ELIZABETH PUGH : I am a chambermaid at the Covent Garden Hotel, Southampton Street, Strand—on December 4th, I think, about six p.m., the prisoner and her husband and child arrived there, but I did not see them then—Mr. Chandley rang for a drink about 8.30—they were occupying room 64, which has two beds in it—I went into the room, the child was on the bed and the prisoner was leaning over it, apparently trying to get it asleep—the baby was talking—as far as I could see the prisoner was treating it with kindness and attention—Mr. Chandley was standing by the window; he ordered some whisky, and asked his wife if she would have a drink—she refused—I went away to get the whisky and took it to him—the state of things in the room was the same then—I went away, and about 9 p.m. there was a ring from No. 64; I went at once towards the room; as I was going along the corridor I heard screams—I opened the door—Mr. Chandley had the child in his arms, he put it into my arms and said, "ook what she has done"—the prisoner was standing by the bed—the child's throat was cut—I do not think it was conscious—it was covered with blood, and Mr. Chandley, who was in his night shirt, had blood from the child on him—I did not notice any blood on the prisoner—Mr. Chandley had a razor with blood upon it in his hand—he gave it to me, and later on I took two more out of the room—they were on the dressing table—I gave the child back to Mr. Chandley and said I would go and get a doctor—I went and communicated with the hall porter, and then returned to the room—Dr. Betts arrived—I think he was visiting a friend in the hotel—when I returned to the room the prisoner was still by the bed, she was crying and seemed very much distressed—I spoke to her after wards, and asked her if her head was bad—she said she intended doing away with herself, or something to that effect—the child was afterwards removed to the hospital. Cross-examined. The child was at first put to bed in the bed where the husband was going to sleep—when I first went into the room the child was in bed, but not undressed—the prisoner was hushing it to sleep in an affectionate manner. EDWARD HETLEY BETTS , M.R.C.S., L.R.C.P I live and practice at 3, Forest Place, Great Ormond Street—on December 4th I happened to be at the Covent Garden Hotel—about 9 p.m. the hall porter made a communication to me in consequence of which I went up in the lift to room 64—I saw Miss Brown, the hotel proprietor's daughter, with a little girl in her arms—the prisoner was standing on the left side of the room with her hands over her face—I took the child from Miss Brown and examined her—I discovered an incision on the left side of the neck, below—the lobe of the ear, extending forward—her throat was cut and she was bleeding freely—a great deal of blood was on her clothes as well as upon Miss Brown's clothes and on the prisoner—the wound was dangerous—the child was very nearly dead—I ordered hot blankets and a hot water bottle, and treated the child—Dr. Hamerton afterwards arrived. Cross-examined. I cannot say whether the prisoner appreciated what was going on, my attention was taken up with the child—I said at the police court that the prisoner appeared dazed and did not appreciate what was going on—she appeared dazed when I went into the room—the child bled so much that anybody could see it—the prisoner appeared to take no notice. GEORGE ALBERT HAMERTON , F.R.C.S. I live at 51, Russell Square—on December 4th, about 9.45 p.m., I was summoned to the Covent Garden. Hotel—I went to a double bedded room, No. 64, on the second floor—before going into the room I met Dr. Betts, who told me the circumstances and the child's condition, which was very bad—when I went into the room I found the child in bed with its clothes on there had been con siderable bleeding—the prisoner was standing in the opposite corner of the room to where the child was—she seemed dazed and stupid—she did not seem to appreciate anything that was taking place—some information was given to me with regard to her—after a premature confinement puerperal insanity sometimes comes on—in nearly 80 per cent, of such cases the patient recovers—it occurs about six weeks after the confine ment—it is generally temporary, unless there is a tendency to insanity—in that state of mental aberration it is possible for a woman to commit an act of this kind, not being conscious of its character—the effect of puerperal insanity is specially directed to those nearest to them, especially their progeny—the prisoner's attack on her child she loved best was con sistent with this form of temporary mania—the mania, as a rule, comes on suddenly, but sometimes there is irritability or depression beforehand—it generally comes on without much warning—in those cases that come on early after a confinement they generally recover rapidly. Cross-examined. The mere effect of the premature delivery is sufficient to bring on puerperal mania—I cannot say whether a sudden shock from, a fall would produce it, but it would make it worse—depression is often an indication of it, accompanied by restlessness—I was not present, but I understood that the child's first cry in the hospital was for its mother—its age is about three. HARRY CALLAGHAN ( Detective E. ) In consequence of information received on Thursday, December 4th, at 10.30 p.m., I went to the Covent Garden Hotel with another detective sergeant—in room 64 I saw the prisoner sitting in a corner in a chair, fully dressed—she seemed dazed and lost—I told her we were police officers and should arrest her for attempted murder by cutting the child's throat—she made no reply—I told her she would have to dress and come with me to the station—I took her to the station—prior to that the chambermaid handed me two razors—one had blood on it—the prisoner was subsequently charged—she made no reply—she was quite sober. Cross-examined. She saw the razors handed to me—the blood on the razor was dry—during the whole proceedings, even at the police court, she did not seem to understand. WILLIAM SAVAGE ( Police Inspector E. ) On Thursday, December 4th having seen the child at the hospital I returned to Bow Street police station, where I found the prisoner detained—she seemed dazed and not able to realise her position—I charged her in the ordinary 'way—she made no reply—she did not seem to appreciate what the charge was—she was quite sober. Evidence for the Defence. SETH CHANDLEY . I live at 43, St. Paul's Road, Canonbury—I was married to the prisoner five years ago come April—I am a jockey—a child was born last year—the injured child will be 3 1/2 years old in April—part of last" year I was riding in Belgium—in August my wife joined me—she had been living with her child and relations in the north of England—we lived together in Belgium till we returned to Harwich on Sunday, November 30th—on October 30th my wife met with an accident in getting off a tram—she had a fall—she was then in the family-way—on November 8th she had a premature confinement—the child was born dead—that affected her health a great deal—when we returned to Harwich on November 30th she was very ill and very restless—she wanted to go home to her friends as quickly as she could—I suggested that she should rest at Harwich—we stayed at Dovercourt till the following Thursday for the benefit of her health—on the Thursday we came to London—we arrived about 6.40 p.m.—we had a double-bedded room—after being there a little while I suggested going out to get a cigar at the corner of the street—she asked me not to leave her alone—she said her head was aching a great deal—I did not leave her but ordered a cigar in the hotel—I sat smoking for a time and then went to bed—the child was in bed—the chamber maid brought me some whiskey just before I got into bed—I was awakened by a scream from the baby—I had gone to sleep—my wife sat up by the window—I asked what was the matter, and what the baby was crying for—she was still in the middle of the room—I. got up and went and looked at the baby—I saw there was blood—when I asked what the baby was crying for she said, "My God, what have I done?"—I rang the bell and shrieked out, and assistance came—I think my wife has been one of the best of mothers there is—she was very fond of the child, she never separated from it; she always had it with her—she was very affectionate to it that evening—she had put it to bed in an affectionate manner, she was perfectly sober—she refused the drink I offered her when the servant came in—she was in the family-way and looking forward to the child's birth—I was thrown out of a carriage in Belgium while she was in the family way, and she was very much upset about it—that was just before her miscarriage. Cross-examined. Her restlessness was quite fresh—she has never been the same since the birth of the first child; she has been depressed and nervous—there was nothing in her conversation which led me to suppose he was going to do anything to the child—there was no personal irri tation with me—I had not quarrelled with her—we were on good terms. ISABELLA MACAULAY . I live at 26, Princes Street, Carlisle, and am the prisoner's mother—prior to going to Belgium she and her husband had a house next door—I saw her every day—the child was with her or between her and me—she seemed too fond of it—the child was very fond of its mother—I have seen her with the child more or less all its life—she has always been an affectionate mother—there was great affection between them. GUILTY of the act, but not responsible for her actions at the time. To be detained during His Majesty's pleasure. 182. WILLIAM MORTIMER (23) and ERNEST BITERLICK (20) , Stealing £1 5s. the moneys of Alfred Harpin from his person. MR. METCALFE Prosecuted. ALFRED HARPIN . I am a plumber of 13, Scots Road, Leyton—on Decem ber 23rd, at 4.30 p.m., I was in the Hope beer-house, Maryland Point, Stratford—I saw the prisoners there—Mortimer asked me for a cigarette—I gave them two each—I changed a sovereign at the bar to get a drink—I had some other money but I wanted some change as I was going to make one or two purchases—the prisoners could see the change which was given to me—I left the house alone about ten minutes after I had received the change—I left the prisoners in the bar and went down Windmill Lane towards my home, which is about two minutes' walk from the beer-house—I went into a urinal—the prisoners came in after me and Mortimer struck me in the eye with his fist and cut my eye—he did not say anything—Biterlick struck me in the mouth and knocked me down—I called for help while I was on the ground—Biterlick held me down and Mortimer put his hands into my pocket and took part of my money—I struggled, and Mortimer then held me down and Biterlick took the rest—they then knocked my head against the wall and I became unconscious—they left me in the urinal—when I came to, nobody was there—I went to the officer on point duty and reported it to him—he referred me to the police station, where I made a report—about 6.30 p.m. I went again to the Hope beer-house and saw the prisoners there—I went out and found a policeman and returned with him to the beer-house, but only Mortimer was there—he was taken into custody—he did not say anything—I gave a description of Biterlick to the police, and next saw him on Christmas morning, about 12.30 at the police-station, when I picked him out from nine other men—I am sure he is the man. Cross-examined by Mortimer. I did not treat you in the bar—I did not go out of the public-house with you. Cross-examined by Biterlick. I did not ask you to go to the Coach and Horses with me—I did not follow you into the urinal. JOHN KILLICK (480 K. ) At 5 p.m. on December 23rd, I was on duty at Maryland Point Railway Station—the prosecutor came up and made a complaint—I went to look for the men of whom he complained—he gave me descriptions, but I did not find them—I took the prosecutor to the West Ham Police Station—when he complained to me he had blood on his face and mud on his clothing and hat, as if he had been thrown to the ground. GEORGE WATKINS (198 K. ) At 6.20 p.m. on December 23rd I was on duty at Maryland Point—the prosecutor came to me and in consequence of what he said I went to the Hope beer-house, where I saw Mortimer—in his presence I said to the prosecutor, "Which are the men you accuse of robbing and assaulting you?"—he said, "This one," pointing to Mortimer; "the other one is not here now; he was here a minute ago"—I said to Mortimer "his man charges you with robbing and assaulting him this afternoon, about 4.30, in a urinal"—he said, "We have been drinking together"—took him to the station—when charged he said, "It is the other man you want." Cross-examined by Mortimer. You did not say that the prosecutor went out with the other man. WILLIAM HUBBARD (174 E. ) At 10.55 p.m. on December 24th I was on duty in Leytonstone Road, and I saw Biterlick—I had had a description of him—I went up to him and said, "I want you to go to the police station with me"—he replied, "What for, governor?"—I said, "I have suspicions of your being concerned with another man named Mortimer in robbing and assaulting a man in the urinal of the Cart and Horses on the afternoon of the 23rd"—he said, "I do not know what you mean, governor; I was not with Mortimer that afternoon, but I will go to the station"—on the way he said, "I was with Mortimer yesterday morning for a little while doing a few jobs for a few different people. I went home at dinner time and did not come out again until the evening"—at the station he was put up with nine other men and at once identified by the prosecutor—on December 26th on the way from the police station to the police court he said, "Who put me away then, I expect it was Bockie"—I know Mortimer well, he goes by that name—Biterlick said, "I will give that bloke something, the dirty sod." Cross-examined by Biterlick. I did not receive your description from the prosecutor—the description I received—from the police was that you were dressed in a light pair of trousers and had light hair. Biterlick in his defence said that the prosecutor asked him to have a drink; that they went to the urinal, but that he had not had any money from the prosecutor. GUILTY . MORTIMER then PLEADED GUILTY to a conviction of felony at West Ham Police Court on November 28 th , 1899, and a conviction was also proved against BITERLICK. MORTIMER — Eighteen months' hard labour against BITERLICK — Fifteen months' hard labour. 183. MATTHEW SHARPLEY (18) and HENRY COOK (21) , PLEADED GUILTY to stealing two boxes of candied peel the property of George Harker and Co., Ltd. , Cook having been convicted of felony at West Ham Quarter Sessions on June 13th, 1902. Two other convictions were proved against him. Fifteen months' hard labour. SHARPLEY , Eight months' hard labour. Before Mr. Common Serjeant. 184. FREDERICK MORMON (36) , Stealing 109 boxes of braid and other articles the property of Henry Taylor . Second count , Receiving the same. MR. WARDE Prosecuted; MR. HEDDON Defended. WILLIAM THOMAS GRISTWOOD . I live at 26, Blythwood Road, Ilford—I am a clerk in the delivery department of Barr and Co., carriers, of 10, Jewin Street—on November 12th Henry Pearce, a carman to Henry Taylor, con tractor, of 184, Upper Thames Street, received from me two delivery orders with instructions to go to the Tilbury Dock depot, Commercial Road, and col lect a load of goods according to the delivery orders and deliver them—there were 23 packages for delivery, all from the depot—it was a consignment from Germany—Pearce returned about 6.30 p.m. and made a statement to me—I produce copies of the invoices. GEORGE HARTLEY . I live at 60, Charles Street, Stepney—I am a goods checker on the London, Tilbury and Southend Railway at the Commercial Road depot—my delivery slips show the carman to be Pearce—he received from me 23 bales and cases on November 12th and took them away on his trolley—I checked the load in my slip ( Produced )—the goods came from the Ostend department of the Tilbury Docks on November 11 th. HENRY PEARCE . I live at 101, Darwin Street, Old Kent Road—I am a carman employed by Mr. Henry Taylor, a carman contractor of 184, Upper Thames Street—on November 12th I received instructions from my firm to go to Barr and Co. for orders—I went there and received these two delivery orders which I took to the Commercial Road depot of the London, Tilbury and Southend Railway—I received and put on my trolley 23 package and bales—I delivered 19—about 6.30 p.m. I was in Fore Street Avenue, where I went up to the second floor of Barr and Co.'s offices, where I had received the delivery orders—since November 12th they have removed from Fore Street Avenue to Jewin Street—at that time I had on my trolley at the door two cases and two bales, one case for Ryland and Sons, marked R.S., and one for Olney and Hampden, marked K.D., and two bales for Vickers and Porson, marked M.S.—on returning after five minutes absence I found that the horse, trolley, and cases had disappeared—I went to Moor Lane police station and gave information—about midnight I was summoned and went to Lime Street police station when I found my horse and trolley, but not the two cases. JOHN FLETCHER WOOLLEY . I live at 2, Woodstock Terrace, Albert Road, Palace Gates—I am a warehouseman employed by Hampden and Co. in Falcon Square, Aldersgate Street—we had an order invoiced to us in November from Germany, consisting of military braid and lace edgings value £44 15s. 7d.—we have not received the goods, but we received in voices marked K.D. and one case numbered 2130,—on December 11th at West Ham Police Court I saw a quantity of edging and braid, which was like what ought to have come according to the invoice—I also identify them by the number, patterns and finish—they have our own call number that we give the manufacturer, which would not be given to another firm—about £10 of goods were missing, value about £33. WILLIAM HENRY SUTTON . I Jive at 13, Graf ton Square, Clapham—I am traveller to Eugene Broquet, 74 and 75, Watling Street,—who are agents for a firm in Germany—early in November we had canvas invoiced to Vickers and Porson from that firm value £31 1s. 1d.—we have never received any communication from Vickers and Porson that they had received the goods—on December 11th I went to the west Ham police court and saw some bales of canvas which I identified by the make, the way they were folded, and by the numbers, as the goods consigned to Vickers and Porson from, the German firm, to the value of about £24 out of the £31—seven pieces were missing—they average about £1 a piece of 25 yards and 44 inches wide. JOHN EZRA STRAKER . I live at 91, Hope Hill Road, Putney—I am a buyer for Vickers and Porson—I ordered goods from a firm in Germany, and received the invoice, but not the goods, which would come to me—I should know of their delivery if they arrived—early in December I saw some canvas goods at the police court which ought to have been delivered to our firm—this check pattern is a part of it. WILLIAM ROAKE (725 K. ) On November 12th, about 9.15 p.m. I was in Rope Makers' Fields, Limehouse—going down a badly lighted street I found a trolley and horse with no one in charge—the name on it was Henry Taylor, Upper Thames Street—after waiting some time I took it to the police station—several empty sacks were in it, but no goods. ALFRED NICHOLLS ( Inspector K. ) In consequence of seeing a stolen property police circular I made inquiries, and on December 8th, about 2 p.m., with two of my sergeants I went to 29, Wakelin Street, West Ham—a woman answered the door, and in consequence of a conversation with her I entered the house, and at the kitchen door I saw the prisoner Mormon—Detectives Brown and Walters were with me—I said, "We are police officers, what is your name?"—I made my note directly I got to West Ham Police Station—in the prisoner's presence the woman replied, "Say Garwood"—that is her name—the prisoner said, "My name is Mormon"—I said, "I have reason to believe that you have some stolen leather and other property in the house, I am going to search it"—he said, "I have got no stolen property here, what you want, look for"—I said, "am going to search the bed-rooms"—he accompanied me upstairs to the front bedrooms, where I found ninety-seven boxes of black braid, forty five boxes of white lace, twenty-six boxes of black lace, thirty-one boxes of mohair, and twenty-two boxes of white mohair—he said that was his bedroom—the boxes were not opened, and some had been done up in paper as well; and forty-seven boxes of lace edging marked on the outside, and there is a pattern, all of them had something on them showing the contents—I found fifteen rolls of what I took to be quilt material, but which has been identified as the canvas, and one empty sack—I asked the prisoner how he accounted for the possession of the property—he said, "I met a man at whippet racing at Bow Grounds about a fortnight ago on a Monday, and he asked me if I would mind some stuff for him; I said yes, and last Saturday night he brought it round to my place in a barrow: I was not at home at the time, the young woman who minds my children took it in, and I found it when I came home"—meaning in the bedroom—I said "Who is the man, and where does he live?"—he said, "I had never seen him before. I do not know his name, or where he lives"—I said that I was not satisfied with his statement, and should arrest him—I directed him to be conveyed to the station, where the woman Garwood was also arrested—when the charge was read over the prisoner said, "Clara, cheer up, we must make the best of it"—she said in his hearing, "They had no right to ask me if I was living with you"—just prior to the prisoner being put back into the cell he said to me, "Now you have got the stuff, you can do as you like." Cross-examined. The prisoner made no attempt to prevent a search—nothing was locked up—there was a considerable bulk of stuff, as much as we could place in a cab—I did not ask the description or appearance of the man the prisoner said he met at the races. ARTHUR WALTERS ( Detective K. ) On December 8th, I went with Inspector Nicholls to 29, Wakelin-Street, and went with Garwood into one of the bedrooms—I found ten cases, or small boxes, of white braiding, six cards of white lace, twenty cards of black lace, and two bundles of black braiding, in a chest of drawers—this was immediately beneath where the bulk was found—these goods were a portion of the goods produced at the police station. WILLIAM BROWN ( Detective K. ) On December 8th I went with Nicholls to 29, Wakelin Road—Mormon was given into my custody—I took him to the police station—on the way in the cab he said, "Keep it as quiet as you can. Do not show me up, it is my first time"—in the back room on the first floor I had found a roll of quilt material on the bed, unopened—that was in a third room. The prisoner, in his defence on oath, said that he merely stored the goods for sale for a man whom he met at his occupation as a whippet-slipper at dog racing. GUILTY on the Second Count. Six months hard labour. 185. FREDERICK JOHNS (60) , PLEADED GUILTY to breaking and entering the dwelling house of Charles Chilvers and stealing a hand bag. a ring, and a pair of earrings, having been before convicted at this court. Five other convictions were proved against him. Five years' penal servitude. Before J. A. Rentoul, Esq., K.C. 186. ERMOND WILLIAM WARD (32) PLEADED GUILTY to forging a certificate of character, with intent to defraud. Six months' hard labour. 187. ROBERT GOLDIE (56) , Indecently assaulting Miriam Spurling , a girl under thirteen. MR. METCALFE Prosecuted. GUILTY . To enter into recognisances. 188. CHARLES CLAXSON (26) and GEORGE LANE (26) , Stealing 7d. the money of the Mechanical Trading Company, Limited . MR. HUMPHREYS Prosecuted; MR. COHEN Defended Claxson. JAMES MITCHELL (342 K. ) I was with Pitchley, another officer, on duty in Grove Road, Stratford, on December 26th, in plain clothes— about 10.40 p.m. I saw the prisoners together loitering about—I kept them under observation till 11 p.m.—they went within about twelve yards of the automatic machine, standing outside 109, Grove Lane—Lane left Claxson and walked up to the machine, punched it three or four times with some instrument he had in his hand, then went back to Claxson, then back to the machine, striking a blow on the back of it—that broke the iron, which fell to the ground—as he went to the front of the machine I went towards him within three feet—he struck me across my face, and said, "Take that you f----g bastard"—that knocked me down—he ran away—I got up and ran after him for about 160 yards—in Grove Crescent I saw something in his right hand which he threw away towards the church—I caught him about thirty yards further along the Grove—he said, "I did not know it was you, Mr. Mitchell, or I would not have it you like that"—I took him into custody—in another five or six yards he struck me in my mouth—I procured assistance and took him to the station where he said, "I did not know it was Mr. Mitchell, or I would not have hit him like that"—when the charge was read to him he said, "ow can you make it stealing I think it is only attempting to steal"—Claxson made no reply to the charge. Cross-examined by MR. COHEN . I have not Claxson's discharges. Cross-examined by Lane. I was about fifteen yards of when you put your hand on the machine—an electric light is almost opposite. THOMAS PITCHLEY (199 K). I was with Mitchell about 10.40 p.m. on Boxing Day—I saw the prisoners loitering in a suspicious manner—we watched them till 11 o'clock—they went within twelve yards of an automatic machine—Lane left Claxson and went to the machine, worked his hand as if using an intrument, came back to Claxson, then went back to the machine and struck it a violent blow on the back—something fell to the ground—I afterwards found these pieces of iron—then I saw his hand at the back of the machine as if he was taking something out—Mitchell went towards him and he struck Mitchell a blow with something in his hand, felling him, but he got up and gave chase—I went to Claxson and told him I was a police officer, and should take him to the station where he would be charged—he replied, "I did not know he was going to smash it, or else I would have walked away"—we took the prisoners to the station—Claxson made no reply to the charge—I went back, and on the ground near the machine I found two pennies," and in Grove Crescent Road, through which Mitchell ran, I found these other five pennies—they are specially marked—I picked up these three pieces of iron by the machine—put together they form the back of the machine. Cross-examined by MR. COHEN . Claxson did not attempt to run away—he gave his right address. WILLIAM GLARE . I live at 109, The Grove, Stratford, and am an agent for the automatic machines which stand outside my shop—I exam ined them about 10 p.m. on Boxing night—they were in working order. Lane, in his defence on oath, said that he went to weigh himself, and when he got off the constable took him; but as he did not know who had caught him he struck him. Claxson, in his defence on oath, said that he was a ship's fireman, and strolling about met Lane, but did not know he intended to break the machine. GUILTY . ( See below. ) 189. GEORGE LANE was again indicted for maliciously wound ing James Mitchell and occasioning him bodily harm. MR. HUMPHREYS Prosecuted. JAMES MITCHELL (342 K. ) About 11 p.m. on Boxing night I saw Lane near the Grove, Stratford—seeing him go to an automatic machine I went towards him—he struck me a blow across my face with something about fifteen inches long, which he had in his hand—the blow knocked me down and caused a bruise on my forehead, a slight cut on my nose, and blackened both my eyes—my face bled very much and covered my coat with blood till I got to the station—I lost a great deal of blood—the same evening I saw the divisional surgeon—by his orders I was oft duty five days—I gave no provocation—when I caught him he said, "I did not know it was you, Mr. Mitchell, or I would not have hit you like that"—when I had got him five or six yards further he struck me a blow on my mouth and loosened a tooth—when the sergeant charged him he said, "I did not know it was Mr. Mitchell, or I would not have hit him like that." Cross-examined by the prisoner. I was on duty with a black eye five days after, but I was in plain clothes—I should not be allowed on duty in uniform with a black eye—on the remand I had no marks, only a slight cut down my nose—I had two black eyes. GUILTY of a common assault. CLAXSON then PLEADED GUILTY to a conviction of felony at Maidstone in October , 1894, in the name of Charles Gregory, and LANE to a conviction of felony at West Ham on January 25 th , 1899, in the name of Charles Langridge. Five other convictions were proved against Lane, and he was slated to be associated with a gang of theses-. CLAXSON received a good character. To enter into recognisances LANE Six months' imprisonment on the first indictment, and three months' hard labour for the assault on the police. Before Mr. Justice Darling. 190. EDWIN JONATHAN BECK , and JANE BECK , Having the custody of Edwin John Beck and Louisa Beck , children under the age of sixteen, did neglect them in a manner likely to cause unnecessary suffering and injury to their health. MR. BUTTON Prosecuted. WILLIAM MUNRO DASENT GALLIE . I am a surgeon of 12. Fore's Market, Canning Town—on December 9th the female prisoner brought a child to me—I found it so nearly dead that I did not like to make a complete examination it was probably suffering from some form of pneumonia—I gave her a letter to take to the District Nurses' Home—on December 11th, by the Coroner's direction. I made a post-mortem examination—bronchial pneumonia was the cause of death—the body was very emaciated, probably caused by bad food and the want of food—it weighed about 18 lbs.—the normal weight of a child one year and nine months old is about 27 lbs.—its head was exceptionally dirty, containing many hundreds of lice, as also about the neck and arm pits, which would cause suffering—ordinary attention, such as soap and water, would have kept it free from vermin—on the scalp I found two small swellings—they were apparently bruises that had suppurated—emacia tion had been going on slowly, and would be obvious to anybody—on the 10th I saw the other child, Louisa—she was apparently about five years old—she had bronchial pneumonia and was very dirty. Cross-examined by Edwin Beck. I did not say "Your child is dying: take it home"—I gave you some medicine and told you to take it to the Nurses Home. Cross-examined by Jane Beck. I gave you instructions not to feed the child from the breast as you were suffering from boils, which I attributed improper food you had had. EDWARD WEDDELL (56 K. ) On December 10th, at 12 p.m., I went to the prisoners' house, 89, Scott Street, Canning Town, and saw the deceased boy on the bed dead—the bedding was very dirty, also the house—I saw both the prisoners there, and the girl Louisa—I asked Jane Beck what sort of health the deceased child had been having—she said, "Very good since birth, but about two months ago it had chicken pox, and I took it to Dr. Boyle and got some medicine, and it went on pretty well; about a fortnight ago it had whooping cough and I took it to the Seamen's Hospital and got some medicine; it got worse, but I did not call in a doctor; on Tuesday, the 9th, I took it to Dr. Gallie; he told me it was dying, and gave me a letter for the Nurses' Home: I took it there, and the nurse at three o'clock poulticed it and gave it some milk; at 3.50 the child died"—Edwin Beck said that about two months ago he had" been to the relieving officer and got an order for the parish doctor; that he took the child to the parish doctor about 11 a.m., but he bluffed him and told him to come at 6 p.m.;—that he did not go, but his wife and children did—he told me that he drank a little, and that he would not go to the parish again on account of having been bluffed on that first order, and that he had done two days work in five weeks, one day at 17s. and the other at 18s.—Jane Beck was nursing Louisa, and I told her the child looked ill—she said, "Yes, it is; I have just come from Dr. Gallie with it, and have a letter to take to the Nurses' Home"—I said to Edwin, "You ought to get medical attendance for this child"—he said, "I am"—I said, "You are poor; you have not got anything; you ought to go to the relieving officer and get an order for the parish doctor"—he said, "No, that I wont "said, "If anything happens to this child, it appears to be dying, you will get into trouble and probably be charged"—he made no reply to that. Cross-examined by Edwin Beck. Your wife said she had been ill—she did not say she had been in bed three months. PLEASANCE ELIZA BECKERTON . I live at 89, Scott Street—I know Louisa Beck and the boy that died—Louisa had chicken-pox and whooping cough—so far as I know she had no medical attendance except when she took it to Dr. Gallie—the bed and rooms were dirty when the baby died—it had been ill about a month before it died. Cross-examined by Edwin Beck. I know your wife had been ill in bed—I cannot say your bed was clean when I know it was dirty. Cross-examined by Jane Beck. I never saw you ill-treat your children, but I cannot say your bed was clean when it was dirty. By the COURT . I have seen bread and butter in the children's hands—they were clean until the last month, when she was ill—I did not hear the children crying—I never saw any drink on the man—the woman was always sober and seemed to like her children—she slept in the same bed as they did. EDWARD TUCKER . I am the relieving officer—on December 12th, at 11.30 a.m., I called at the prisoner's house—I saw Louisa lying on a bed made up on a box, in the kitchen—the bedding and kitchen were very dirty—I told Mrs. Beck the place was very dirty—she said, "Yes it is; I have had my hands full in consequence of the sickness of the child"—the man had applied on that day for a medical order; that was the cause of my visit—no application had been made to me before that—we never refuse an application for medical relief on any account. HENRY WILLIAM JORDAN . I live at 9, Ethel Road, Custom House, and am foreman in the Atlantic Transport Line—the male prisoner has been employed as a casual labourer for the past twelve months—whenever there has been work he has been employed—from October 16th to December 8th he was employed twenty-one days, and he received altogether £9 3s. 10d.—there are other firms in the docks where he would probably get labour when I did not require him. JOHN RIBBONS . I live at 129, Stratford Road, and am insurance agent to the Royal London Friendly Society—Louisa Beck and Edwin Jonathan Beck were insured in the Society—on December 9th I received a letter, with a postal order for 3s., asking me to call the next day and enter the amount in the book—I called on the 10th—I entered the amount: 8d. the father, 2d. the mother, and 1d. each on three, children—there were arrears—Mr. Beck told me the baby was dead—they would be allowed £5 for Louisa, and 30s. for the baby. By the COURT . They had been insuring since August—I commenced calling on November 17th—after thirteen weeks, if the baby died, they would get 30s.—the last payment was made to my predecessor on October 6th—2s. was paid then—the object of insuring is to pay the funeral ex penses—the child has to die before they get the money—I do not know whether insuring shortens the average life of children in that neighbour hood. Witness for the defence. MR. BARRETT . I am house surgeon at the Seamen's Hospital—a week before the baby died it was suffering from whooping cough, Louisa also had whooping cough—I cannot say as to the children's bodily condition as I did not examine them—I ordered them milk from our dispensary, also some medicine. Edwin Beck's defence: My wife had been very ill and unable to keep place properly—I am not a lazy or a dirty man. NOT GUILTY . 191. EDWIN JONATHAN BECK and JANE BECK were again charged on the Coroner's inquisition with the manslaughter of Edwin John Beck . MR. HUTTON , for the prosecution, offered no evidence. NOT GUILTY . Before Mr. Recorder. 192. JAMES BRILL (23) , MARY ANN WILBOURNE (42) ,'and ANN MARGARET BRILL (23) , Feloniously wounding George Beale with intent to do him grievous bodily harm. MR. SLADE BUTLER Prosecuted; GEORGE BEALE . I am a coal porter of 77, High Street, Woolwich—on December 15th, between 7 and 8 p.m., I was getting workmen together for Winter's Wharf—I was foreman there—James Brill came up to me in High Street and asked me to give him a job—I told him I had all the men I wanted—I knew him, he had worked for me before—he at once put up his fist and knocked me on my shoulder, and then on my face—I pushed him away—the women came up and hit me on the head with the heels of their boots, which they had in their hands—I knew them before, the younger prisoner is Brill's wife, and the other is his mother-in-law—they struck me three or four times each—it was quite dark—somebody called out, "ook out, he has got a belt"—there was a crowd—I turned round and saw a belt in Brill's hand, which he swung round and caught me on my head and knocked me senseless; when I came to I found myself in the Infirmary where I remained till the following Tuesday. Cross-examined by James Brill. I did not say, "Why should I give work to a dirty, white-livered sod like you"—I did not strike you in the face—we did not have a fair fight and fall to the ground three or four times. Cross-examined by Wilbourne. I did not challenge to fight Brill in the bar of a public-house, and we did not fight in the road—I may have hit you after you struck me, but not before—I did not get my wounds by falling on the kerb—your daughter was there—I knew her before. GEORGE LONGFORD . I am a labourer, of 87, High Street, Woolwich—on December 15th at 7.30 p.m., I was in my house, and hearing a noise went out—I saw a crowd outside the Three Daws—I saw Brill strike the prosecutor, who I knew, several times about the face with his fist, then he kicked him several times in his privates—the two women rushed up—they each had a boot in their-hands—they struck the prosecutor across his head with some boots—I am sure the younger woman was there—I knew her before—I do not know where they got the boots from—they were women's boots—when he was struck the prosecutor was leaning against the wall—the male prisoner then returned with a belt in his and struck the prosecutor across the head and body several times with it—he reeled round and fell—it was not a belt like this one ( Produced ), it was much stronger than that—me and George Thorne caught the prose cutor before he reached the ground—we took him home—he could not walk properly—his head was cut open and bleeding very much—a doctor was sent for. Cross-examined by James Brill. You left the prosecutor and came back with a belt—you did not have a fair fight with him. Cross-examined by Wilbourne. I did not see the prosecutor strike you—you had a baby in your arms, but you gave it to someone else. Cross-examined by Ann Brill. You may have had a pair of carpet slippers on your feet. GEORGE THORNE . I am a labourer of 75, High Street, Woolwich—about 7.30 p.m. on December 15th, I was in High Street—I saw the prisoners there—I am sure Mrs. Brill was there—I knew her before—I see the prose cutor trying to defend himself against the prisoners, who were surrounding him—James was hitting him with his fists and the women were beating him on his head with some boots—James then picked up a stone and threw it at the prosecutor but missed him—he then took off his belt and struck him on the head, and the prosecutor fell—as he was falling I ran into the road and caught him—he was bleeding from the temple—I carried him indoors—he was unconscious. Cross-examined by James Brill. I did not see any fair fight—the prose cutor was shoving you away—he never offered to fight you. Cross-examined by Wilbourne. The prosecutor did not fall to the ground; if his head had got to the ground he would not be alive. By the COURT . I have known James since he was a little boy—he has been married three or four years—Wilbourne is the girl's mother—I have known the young woman since she was a girl, and Wilbourne on and off for eight or nine years. JAMES TEES . I am a surgeon of 170, Powis Street, Woolwich—on December 15th, about 8 p.m., I was called to a house in High Street to see the prosecutor—I found him in bed—there was a considerable amount of blood on his face and head—he had three or four bumps about as large as pigeon's eggs on his head, a lacerated wound about 2 1/2 inches long on his right temple, going down to the bone—I do not think that wound could have been caused by a blow from a fist—I saw him next day about 10.30 a.m., he had got worse in the night, he had then recovered consciousness, although he could not speak—I thought there was something wrong with the speech centre—he could walk and understand to a certain extent—I sent him to the infirmary. Cross-examined by James Brill I did not see a silver tube in his throat or anything of the kind. GEORGE BEALE ( Re-examined. ) I have got something the matter with my throat—I believe I have got a tube or something in it—I sometimes lose my voice. WILLIAM LAMB (6 R.R ) On the evening of December 15th I saw the prosecutor in a back room at-77 High Street, Woolwich—he was in a dazed condition and bleeding from a wound on his forehead—from what he said I arrested James Brill about 9.15 the same evening—I said to him, "I shall arrest you for assaulting George Beale by striking him on the head with a belt or some other instrument"—he replied, "I struck him with my fist, he struck me in the mouth first, I only defended myself"—at the station, before being charged, he said, "I brought home some sprats for tea, he kicked up a row with me then"—he pointed to this belt and said, "That is the only belt I had"—he was charged and made no reply. HENRY HOLFORD ( Police Sergeant R. ) On December 16th I arrested Wilbourne and Ann Brill in High Street, Woolwich—I charged them with causing grievous bodily harm to Beale, and being concerned with Brill—neither of them said anything, but when charged, Wilbourne said, "shall not say anything until I hear what Brill has to say"—Ann Brill said, "I shall not say anything until I am before the Magistrate." By the COURT . Wilbourne may have said. "I shall wait and see what Beale says." Ann Brill's statement before the Magistrate. "I am innocent of this, I was not there at all." James Brill's defence. "The belt was not used. All the lot was mixed up together." Wilbourne's defence: "If the man was beat about with boots and belts he ought to have had more wounds than he has got. His wounds were caused by his falling on the kerb, with fair fighting." Ann Brill's defence. "I do not know anything about it. I was not there when the quarrelling was on. I cannot answer for anything. I had a witness but the woman was afraid to come, because George Beale knocked two of her teeth out about two months' ago." JAMES BRILL GUILTY .— WILBOURNE and ANN BRILL GUILTY of unlawfully wounding. — JAMES BRILL then PLEADED GUILTY to a conviction of felony at this Court on May 16 th , 1898. Ten other convictions were proved against him Six years' penal servitude. WILBOURNE and ANN BRILL — Twelve months' hard labour each. Before Mr. Common Serjeant. 193. FREDERICK ELSWORTH (25) , Unlawfully attempting to have carnal knowledge of Ethel Elsworth , aged four years and five months. MR. HUTTON Prosecuted. GUILTY . Four months' hard labour. 194. EMIL HEYDEN (30) , Feloniously shooting at Joseph William Robbins with intent to do him grevious bodily harm. MR. HARVEY Prosecuted, and the evidence was interpreted to the prisoner. JOSEPH WILLIAM ROBBINS . I am a waterman of 11, St. Mary's Place, Rotherhithe—about 12.15 a.m. on Sunday, December 21st, the prisoner and two of his shipmates wanted to go off to their ship the Harmonia in my boat—they could talk enough English to make me understand—I took them on board a barge which was lying alongside their ship—I took them to the barge so that they could get on to their ship—before we started I said I would take them for 6d. each, and when we got to the barge the prisoner offered me 2d.—I said, "I want 6d."—he walked away—the other two men got on to the barge—I said to them, "Will you pay for your mate, he will repay you when you get on the ship"—one of them tendered me 2s.—I was going to give him the change when the prisoner fired a revolver at me—I saw the flash and heard the report—he missed me—he was about 12 or 16 yards away—I rowed away and saw the Thames Police—I saw the prisoner arrested—he was a stranger to me—he was perfectly sober; all the men seemed sober—I think the prisoner is a German. Cross-examined by the prisoner. The contract was made before we left the shore. By the JURY . One of the men spoke so that I could understand—I do not know if it was the prisoner. HENRY GEORGE WALKER . I am a labourer, of Rotherhithe—on this Sunday morning I was helping the prosecutor with his boat—the prisoner and his friends could all speak broken English—the prisoner tried to persuade the other men not to pay the prosecutor—I could understand a snack or two of the words but not all—when we got to the barge I remained in the boat—the prisoner jumped out first—the bargain was 6d. apiece—the prisoner gave the prosecutor 2d., which he refused—the other men got out and the prosecutor jumped out and said, "This won't do for me, I want my fare"—they were all trying to get away without paying—the prisoner fired a revolver in the direction of the prosecutor—I did not see it, I saw the flash. WILLIAM HUGHES ( Thames Police Inspector. ) On Sunday, December 21st I was on duty about midnight—I heard a report of fire arms—I saw the prosecutor and two other men in a boat—I spoke to them, and went with them on board the Harmonia where I arrested the prisoner—J had a con versation with him through the captain, who spoke German—the captain asked him whose trousers these were ( Produced )—he said "Mine"—I found this revolver in the pocket—it is six-chambered—it was loaded in four chambers; one had an empty cartridge in it, and the other was empty—the revolver appeared as if it had been recently discharged—I told the prisoner I should take him into custody for shooting at the prosecutor—he said, "Yes"—he was perfectly sober. The RECORDER considered that there was insufficient evidence to convict the prisoner of shooting with intent to do grievous bodily harm. NOT GUILTY . 195. EMIL HEYDEN was again indicted for a common assault on Joseph William Robbins . MR. HARVEY Prosecuted. The witnesses, Robbins, Walker, and Hughes were recalled, and the RECORDER read over his note to them. Prisoner's defence. "I never fired the pistol; it was in the trousers pocket, and the trousers belonged to me, but I did not fire it. My comrades are not here; they should be here." GUILTY . One month hard labour. 196. DAVID GEORGE MORAN and EMMA KING , Unlawfully com mitting an indecent act in a public highway in the sight of divers persons. MR. HUGHES Prosecuted. GUILTY . Nine months' hard labour each . Before Mr. Justice Darling. 197. CATHERINE BERKSHIRE (53) , PLEADED GUILTY to feloniously throwing sulphuric acid at Alfred Berkshire with intent to burn or dis figure him. Discharged on recognisances.

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TAKEN IN SHORT-HAND BY MANOAH SIBLY , PROFESSOR OF SHORT-HAND, No. 35, Goswell-Street, And Published by Authority. NUMBER IV. PART I. LONDON: Printed and published by HENRY FENWICK, No. 63, Snow Hill. Price TWO SHILLINGS. THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c. BEFORE the Right Honourable THOMAS SKINNER , Esq. LORD MAYOR of the City of LONDON: The Right Honourable LLOYD KENYON . Lord Chief Justice of His Majesty's Court of King's Bench: The Honourable Sir ALEXANDER THOMPSON , Knt. one of the Barons of His Majesty's Court of Exchequer: The Honourable Sir GILES ROOKE , Knt. one of the Justices of His Majesty's Court of Common Pleas; Sir JOHN WILLIAM ROSE , Knt. Serjeant at Law, Recorder of the said City; JOHN SYLVESTER , Esq. Common Serjeant of the said CITY of LONDON, and Justices of Goal Delivery of NEWGATE, holden for the said City and County of MIDDLESEX. London Jury. Henry Terry William Camage Joseph Champney Brownall Pearce Jonathan Stirtevant Thomas Wills John Sayce William Kenyon Henry Smith John Bryant Edward Gardner John Harris . First Middlesex Jury. John Marsh Joseph Nicholl John Patridge William Richardson Samuel Harrison Tuffin Hobbs Joseph Finch William Geeve Ralph Mitchinson John Nicholl Samuel Rutter Edward Nicholl . Second Middlesex Jury. Thomas Hill Joseph Crate William AugustinMitchell Richard Powell James Vaughan Joseph Welsh Matthew Long Edward Green John Dell Henry Young John Taylor William Matthews . WILLIAM GOLDSMITH was indicted for feloniously breaking and entering the dwelling house of Elizabeth Shubert , between the hours of two and five, on the 11th of January , in the parish of Sr. John, at Hackney, no person being therein, and feloniously stealing therein, six silver tea spoons, value 12s. and a silk handkerchief, value 1s. 6d. the property of the said Elizabeth Shubert . ELIZABETH SHUBERT sworn. Q. Where is your house? - In Homerton, in the parish of Hackney . Q. You are a widow , are you? - Yes. Q. Was any violence committed on your house at any time, and when? - None at all, no violence at all. Q. What did happen? - My house was entered, and three rooms were entirely rifled, on the 11th of January; nobody was in the house, I was not in the house all day. Q. Did you sleep there the night before? - No. Q. Was it the dwelling house in which you usually dwell? - Yes. Q. What day of the week was the 11th of January? - Sunday. Q. When did you first perceive what had happened? - Directly the man was taken and brought to me; he was taken coming out of the parlour. Q. What time did you come to the house? - Between four and five o'clock. Q. Had you received some information at that time? - Yes. Q. So you came home in consequence of information? - Yes. Q. You say you had not been in your house from the Saturday, which was the day before? - No. Q. In coming to you house what did you perceive? - I perceived the things all thrown about the house, and two tea chests broke open. Q. Had you left your house locked up? - Yes. Q. Was any thing taken out of the house? - Half a dozen spoons out of one tea chest, and a silk handkerchief of my son's. Q. What age is your son? - Turned of eighteen. Q. Was the handkerchief his property or your property, worn by him? - The handkerchief was his, but the spoons were mine. Q. Have you found the things at any time afterwards? - No. Q. Do you know any thing about the prisoner at the bar, William Goldsmith ? - He is the person that was brought down to me, at the house where I was. Q. You don't know of his having been in the house? - No. Mr. Gurney. You had left your house the night before this happened? - Yes. Q. Did you leave your house locked? - Yes. Q. You found it locked as you left it? - Yes. Q. You could discover no marks of violence on any of your doors or windows? - No. JOHN SHUBERT sworn. Q. Are you son of the last witness? - Yes. Q. Do you live with your mother? - Yes. Q. What do you know about this business? - I know about the business as far as this; I left the house locked up tween the hours of ten and eleven on Sunday morning. Q. When did you see it again? - Between three and four, some where there away, it may be a little over four, I cannot pretend to say. Q. In what state did you find it when you came again to it? - The back door was open, it was bolted with two bolts when I left it. Q. Were these bolts undrawn? - They were, and the fore door when I went out I left locked, and when I came back I found it locked accordingly, and bolted on the inside with one bolt. Q. Did you observe any act of force? - No. Q. What was gone out of the house, was any thing lost? - Half a dozen tea spoons and a silk handkerchief. Q. Of your own knowledge can you inform the gentlemen of the jury by whom the spoons were taken? Have you seen them since? - I have not seen either. JOHN WRIGHT sworn. I am a gardener by business; I went to see the young man that is now gone down, and I went and knocked at the door; it was about a quarter to four, as nigh as I can guess, in the afternoon; I went and knocked twice at the door, and then I heard the footsteps of two people in the passage, and I heard them as if going out of the back door, and I suspected it was somebody that should not be there, and I went round the house and caught them jumping over the pales of the yard, into a neighbour's yard. Q. Who did you see? - This here Goldsmith, and another person with him. Q. Do you know the other person? - No. Q. Was that fence between Mrs. Shubert's yard and the neighbour's yard? - Yes, from Mrs. Shubert's into a little yard that joined the road, and so went to the house. Q. Did you apprehend him? - Yes; I took hold of this person, William Goldsmith , and asked him his business? and he said he got over into the yard for his hat, his partner threw it over; and I told him I heard him in the house? he said it was no such thing; I told him that I should detain him till such time as further was seen into it; I detained him till such time as the constable come. Q. What is the constable's name? - Griffiths. Q. You delivered him to the constable? - Yes. Mr. Gurney. The first time you saw the prisoner he was getting over some pales into the road? - No, into a neighbour's yard. Q. Close by the road? - Yes. Q. You asked him what he did there, he said he was getting over for his hat that had been thrown into the garden? - He said his comrade threw it in. Q. Did he made any resistance? - He behaved civil, he rather pulled a little. Prisoner. I was going along, and I met with three or four follows, one of them said to me, Mr. Goldsmith, I owe you a good drubbing, and he began to punch me about; says I what is this for? says he, d-mn your eyes, I will tell you for what, and he kicks me down, and took my hat off; says one of them when I got up and asked for my hat, your hat is over there, and I got over for my hat, and as I was getting back again, that gentleman took me, and he asked me what I got over there for? I said I got over for my hat; he said you have been in the house, there is your companion running away; says I, I have no companion, I have done nothing, I shall not run. The prisoner called two witnesses who gave him a good character, said that he was in the callico business, but trade being dead lately, he had worked at coopering . Not GUILTY . Tried by the first Middlesex Jury before Lord KENYON. 160. JEREMIAH NICHOLSON was indicted for stealing, on the 22d of January , two sixpences; one hundred and twenty-one halfpence; fifty copper farthings and a wooden till, value 2d. the goods of John Leat . JOHN LEAT sworn. Q. Where do you live? - No. 286, Oxford-street . Q. What is your business? - My business that I follow is in the earthen ware line. Q. When was it you lost your till? - The night before the 22d of January, about a quarter before nine; I was not at home at the time it happened; there was my daughter at home, who is the next evidence. Q. When did you see your till? - I see it again the same evening, after the prisoner was at the watch-house. The watchman has it now. SARAH LEAT sworn. Q. You are the daughter of John Leat we understand? - Yes. Q. Were you at home on the evening of the 21st of January? - Yes; I was in the parlour. Q. Does the parlour join the shop? - Yes. Q. About what time of the night was it? - I believe it was near nine; when the watchman was going nine. Q. Did you see any body in the shop? - I see this person go from the end of the counter. Q. Did you see him come into the shop? - No. I see him go out, but I did not see him come in. Q. Were there candles lighted in the shop? - Yes, one candle. The door was open between the parlour and the shop. Q. Who was with you in the parlour? - Only a little sister. Q. Did you hear any thing that made you take notice of what was passing in the shop? - I see some body in the shop, and I went to see who it was. Q. How long before this time had you left the shop? - About five minutes, I think. Q. Had you left the shop door open of shut? - Between open and shut. Q. When you saw the prisoner going out of the door, did you observe what part of the shop he came from? - He was going from the end of the counter. Q. Did you see whether he had any thing with him at that time? - Yes, I see him with the till under his arm. Q. On seeing him, what did you do? - I cried stop thief! and the watchman catched him, I fancy in about three or four minutes, or thereabouts. Q. Did he bring him back to your shop? - Yes. He did not go out of my sight. Q. Did you see him till the watchman stopped him? - Yes; and the watchman see him come out. Q. Was there any money in the till when it was brought back? - No. Q. Can you say what money was in it when it was taken away? - No; nobody knows what there was in it. I was the last person that put money in it, about five minutes before, as nigh as I can guess. Q. Money which you had taken in the shop? - Yes. Q. How much money had you put in about five minutes before? - It was a shilling; but I took it out again, and put it into my pocket. Q. When you put the shilling in, and took it out again, was there any more money there? - There were some halfpence and farthings, and two sixpences. The watchmen picked them up. Q. Had you observed that there were two sixpences in the till? - Yes; I can swear that. Q. So that you would have known there were two sixpences there if the watchman had not said he picked up two? - Yes, I know there were two sixpences in. Q. Will you undertake to say what quantity of halfpence there were in it? - No; I don't know. Q. What happened when he was brought back? Was he searched? - Yes, when he went to the watch-house. Q. Was any money found on him? - Yes, half a crown; but that was not ours. Mr. Knapp. Have you always been as sure that the prisoner at the bar was the person that you have been describing? - Yes. Q. Now recollect. You was before the justice? - Yes. Q. Were you as sure before the justice as you are now? - Yes, I was. Q. Why you told the justice that you was a good deal frightened and alarmed at the time. Now was you alarmed? - No, I was not when I was at the justice's. Q. Were not you frightened at the time of the till going away? - I see the boy going out of the shop with the till; I was a little frightened, but I knew the boy. Q. Was the boy 's back towards you, or the face? - The back was towards me, but then I did not lose sight of him till he was taken. Q. But did you ever see his face? - No, I cannot say that I see his face. Q. Then all you mean to tell the court and jury is this, that from the appearance of the person's back, and his being taken recently after, you think it is the same? - No, I am sure, because I never lost sight of him. Q. I understand that when he was searched, there was half a crown found upon him that was not your's? - No. Q. No sixpences found on him? - No. Q. You was not present when he was stopped? - No; I see him stopped, and see him throw the money down, and the watchman picked it up. Court. Your till was not locked? - No. JOHN ELLIOT sworn. Q. You are a watchman, I understand? - Yes. Q. Did you receive any alarm on the 21st of January, in the evening? - Yes. Q. Where was you at the time? - Close at Mr. Leat's door. The daughter cried out stop thief! and I closely pursued him; I see him come out of the door. Q. Who did you see come out of the door? - That lad, the prisoner at the bar. I followed him. Q. How far had he got from the door before you laid hold of him? - He got about forty or fifty yards, or a little more. Q. Had you ever lost sight of him from the time of his coming out of the door, till you collared him? - No, never. The person that I laid hold of was the person that came out of the shop. Q. Had he any thing with him that you see? - I see him drop this till in the half way, about the middle of the street, before I laid told of him; he ran immediately across the street. Q. Did you pick up the till? - I did. Q. Did you find any money thereabouts? - I found the money under the till, and all about the till, when I brought the lad back again to the till. Here is the till and money, fifty-one farthings, one hundred and twenty-one halfpence, and two sixpences; the till was upside down, and the money scattered about. Mr. Knapp. This was at nine o'clock at night? - It was going the hour of nine; it was not dark, it was moonlight. Prisoner. I have nothing to say in my defence particularly; I never see nothing of the till. Prosecutor. I know the till by the cord and the lock, and the holes that I cut in it myself. The prisoner called two witnesses to his character. GUILTY. (Aged 15.) Judgment respited . Tried by the first Middlesex Jury before Mr. Baron THOMPSON. 161. MARY DRISCOLL was indicted for feloniously stealing, on the 18th of March , a woman's cotton gown, value 5s. a woman's stuff petticoat, value 4s. a woman's woollen cloth cardinal, value 6s. the goods of James Cox . BRIDGET COX sworn. Q. Do you know the prisoner Mary Driscoll ? - I do not know her. Q. Have you any thing to say against her? - The pawnbroker has. Q. Do you know any thing more than that the goods are your's? JOHN PEATE sworn. I am a pawnbroker. On the 18th of March, about three o'clock in the afternoon, the prisoner at the bar came with the goods that I have here, a white cardinal, a cotton gown, and stuff petticoat, to pledge them; she asked a guinea; I offered her fourteen shillings; she stood for fifteen, but at last took fourteen. The next day I was absent from home, and the prosecutrix, together with the prosecutor and the prisoner, came to the shop. Q. Are you sure it was the prisoner? - I verily believe it is the prisoner, but I have my doubts about it, for she was then dressed with a black silk handkerchief about her neck, and a cloth cloak on, with a man's hat; she pledged them in the name of Margaret Murphy , whom I knew as a customer; but Murphy coming in soon after, I found my mistake. Q. Did she say that Margaret Murphy employed her? - No, she passed herself as Margaret Murphy. Q. You knew Margaret Murphy ; then you knew this woman was not Margaret Murphy? - Margaret Murphy wore a cloak and hat of this description, only she is a little taller of the two. Q. You let her have the money? - I did. Prisoner. He wanted my poor old mother to give his wife some money. I am sure he never saw me in his life till the constable took me up to his shop, and two more women, and she swore to one of the other. Q. To Prosecutrix. Do you know the goods? - Yes, I know them. Q. Are you a married woman? - Yes. Q. What is your husband's name? - James Cox . Q. What do you know the petticoat by? - By two knots at the string, and the cloak by a stain. Q. When did you see these goods the last time before you lost them? - I missed them at four o'clock. Q. What day of the month? - Mr. Peate can tell that. Q. When had you seen them? - I went out about nine o'clock and locked the door after me, and see them then; when I came home the staple of my door was drew, and my clothes were gone from off the line. Q. What day was it? - The day after St. Patrick's Day. Q. Do you know what day of the month St. Patrick's Day is? - I cannot tell; I am no scholar. Prisoner. I have got a very old woman a mother, and this gentlewoman came to my mother on Monday, and asked for my mother to pay the fourteen shillings, and then she would not appear against me; and my poor mother could not get fourteen shillings, and the neighbours made up seven shillings, and took it to Mr. Peate. and he desired them to give the seven shillings to his wife, and said she would not appear against me. As to the pawnbroker he does not know me from Adam. Not GUILTY . Tried by the first Middlesex Jury before Mr. Justice ROCKE. Court to Peate. It becomes you to be a little more circumspect in future than you have been in this case; unless you are, you yourself will one day or other have to answer for an offence of a deeper die than this is. It is not to be conceived that a prudent man would not have taken more care than what you have done; you knew Margaret Murphy, and yet took these things of this woman under her name; it seems to me to be scandalous conduct; and you likewise hear what the prisoner has said, that you have now seven shillings in your pocket from that woman's mother. 162. THOMAS FOX was indicted for stealing, on the 31 of March , a pair of leather breeches, value 10s. the goods of Francis Davis . FRANCIS DAVIS sworn. I was a servant to Mr. Shepherd in Boswell-court, Cary-street . Q. Did you lose a pair of breeches at any time? - Yes; on Tuesday, the 3d of March. Q. Where was your box? - On the top of the house, in the front garrett. Q. Did the prisoner at the bar live in the house? - No. There was a sale, Mr. Shepherd is become a bankrupt, and this was the viewing day before the sale; the prisoner was in the house, looking at the goods that were to be sold, and I had left my things up altogether on one side in my bedroom, in a box, at the Foot of my bed, and I had not any occasion to take them away till the last day's sale; the box was locked, and he broke open the box. Q. How do you know he broke it open? - He went up stairs to view the things; I see him come out of that room, there was nobody else in the room; I was coming up stairs, at the top of the stairs, and I met the prisoner, and I see the strings of the breeches hanging out of his pocket, but I did not suspect they were mine not at that moment; he pushed by me at the top of the stairs to come down, and I locked into the room and see nobody else there, and see my box that it was moved, and I turned again and ran down stairs as hard as I could after him to the bottom; I pursued him so close that he turned into a room at the bottom of the stairs, at the right hand, and as I turned in at the door, he turned to a little closet door on the left hand, and pulls out my breeches from his pocket with his right hand; I see him pull them out, and I followed to the closet, and apprehended him at that closet. The breeches are here. Mr. Knowlys. When you found the breeches they were wrapped up in paper, were they not? - They were. Q. That was not the way in which you left them? - Yes, they were rolled up in paper having come home from being cleaned. Q. How many persons were there at that time? - That is rather too hard a question. Q. A good many? - Yes. Q. How long was it before this time that you had seen your box? - About a quarter of an hour. Q. Many persons had access to the room as well yourself? - Yes. Prisoner. I had occasion to buy some blankets; on the third of last March, I looked at the Daily Advertiser, and saw of this sale by auction; I went from home between twelve and one to the house of Mr. Shepherd, in Boswell court; I went into the ground floor, one pair, and two pair of stairs, and saw there was nothing would suit me, and I went into the upper story, and I think there were three rooms on a floor, and there were some blankets, which I examined, and marked those that would suit me in the catalogue, and was coming out of the room, coming on the lending place, I see Mr. Davis coming up the stairs, I had no idea who he was, I thought he came there for the purpose of viewing some furniture, I passed him and went down stairs, when I went down stairs and turned into a back parlour, and I went up to a window, and see a large closet in the room, and I was looking at some gentlemens tools in a chest that were in the closet, when the prosecutor came hastily into the room, looked wildly about him, rushed violently into the closet, when I observed him open a small cupboard in the closet, and take out a small parcel, and he says to me, how came this here? I asked him what he meant? he immediately answered God d-mn your blood, you have brought these down stairs, you have robbed me; I told him he should not impute such a charge to me, for I was entirely innocent, and willing to go before a magistrate. He sent for an officer, and I waited near half an hour before the officer came, when the officer came, he searched me, and found nothing about me but my own property; I had no kind of instrument whatever about me that I could force or pick a lock. When he brought the parcel to me, they were folded up in a piece of brown paper, there were no appearance of strings about them. It is impossible I could put such a pair of breeches in my pocket. Prosecutor. The strings hung out of the paper; as to the tool chest, there was no such thing in the closet. GUILTY . (Aged 37.) Court to the Prisoner. Pray what has been your employment in life? - I have an allowance from my father, and my wife has an annuity. Q. Where do you live? - In Holborn, I lodge there in my own lodgings, my own furniture. Transported for seven years . Tried by the first Middlesex Jury before Lord KENYON. 163. ELIZABETH NOBLE was indicted for feloniously stealing, on the 20th of February , a silver watch, value 18s. a steel watch chain, value 6d. a metal seal, value 2d. a metal watch key, value 1d. the goods of Robert Gibson . ROBERT GIBSON sworn. Q. Where do you live? - In Lambeth-street, Whitechapel , I am in lodgings there. Q. When was it you lost your watch? - The day after the general fast. Q. Did you miss it that day? - Yes; I did not miss it, but it was missed that day, and the girl was taken up that same day. Q. When had you last seen it before? - The night before. Q. The night of the general fast? - Yes; I put it out of my hands underneath the pillow of the bed. Q. Did you miss it the next morning? - It was missed the next morning, my wife can speak to it better than I can. Q. Was it laid in your breeches or open? - Open, under the pillow. Q. When did you see any thing of it again? - On the 27th, it was produced by the pawnbroker, his name is Pearson. Q. Who has the watch now? Pearson. I have. Mrs. GIBSON sworn. Q. You are the wife of the last witness? - Yes. Q. What do you know about the watch being missing? - The young woman at the bar came in in the morning, and asked me to lend her some tea and sugar for her breakfast; she lived up stairs in the same house with me. Q. What morning was this? - The day after the fast. Q. Had you before this time missed your husband's watch? Did you know it was gone? - No, it was in the house at the time, it was gone after that; I asked her to be so good as to shop in my place, and mind it while I went out of an errand, and when I came back I missed the watch. Q. Did you give her the tea and sugar as she desired? - I did. Q. Was this in your bed room? - It is all one room. Q. How long was you absent? - About a quarter of an hour. Q. When you returned was the prisoner in the room? - I met her at the door, the outer door of the house; when I came up to the door, she said, good by, Mrs. Gibson, I must go now, and I said, good by, Betsey; and when I went in I missed the watch. Q. Where was the watch when you went out of the room? - Hanging over the mantle piece. Q. Had you taken it from under the pillow after you had got up? - Yes, I had. Q. And hung it up there yourself? - Yes. Q. Did you see any thing more of the prisoner that day? - As soon as I missed the watch I pursued after her, and found her at her cousin's in Bishopsgate-street. Q. Did you see any thing of the watch at that time? - She had pawned the watch. Q. How long was it after she went away from the door, before you found her at her cousin's, in Bishopsgate-street? - About half an hour. Q. How soon did you see your watch after this? - I saw the watch the same day, at the pawnbroker's, who is here. Q. How came you to go to this pawnbroker's? - She went along with me to the pawnbroker's. Q. Then she told you where the watch was? - Yes. Q. Did she make any difficulty about telling you where it was to be had? - She made rather a difficulty. Q. But at length she went with you? - Yes. THOMAS PEARSON sworn. I am a pawnbroker, No. 33, Nortonfalgate. Q. Have you got any watch here? - Yes, I have. Q. Produce it. When did you receive that watch, and of whom? - On the 26th of February, between nine and ten in the morning; the prisoner at the bar brought it in, she asked eighteen shillings on it; I told her I would lend her fourteen shillings; she said, lend me another shillings; I told her no; she agreed to take fourteen shillings; I asked her then her name? she told me Mary Barlet , and she lived in Half Moon-alley, that is just by where I live. Q. How far is that where you live from Lambeth-street, Whitechapel? - I suppose it is half a mile or more; she said the watch belonged to her father or brother, but I think it was her brother. Q. Did she say who her father was? - No, she did not, but I had seen her before several times in the neighbourhood, and at the shop; in the course of about half an hour after, she came in with one of the runners. Q. Then you did lend her the fourteen shillings in the name of Mary Barlet? - I did. Q. Was Mrs. Gibson with the runner and her when she came to your house? - Yes, I believe she was; they came in with intent to buy the goods, the runner did, he said the girl wanted to sell it, so I shewed the watch, and he shewed it to the prosecutrix, and she said it was her watch, and the runner desired I would take care of it, as it was stole; and I told him I would; and desired me to attend the next day at the office in Whitechapel, which I did. Q. You have had the care of the watch ever since? - Yes, I have. Prosecutor. This is my watch, I know it both by the name and number, and likewise by a dent on the spring, I have had it about nine years. Q. Do you know the chain and key, and seal to it - Yes. Prosecutrix. This is the watch I left hanging up in the morning. Prisoner. She gave me this watch to make some money of unknown to her husband, and told me to give her the money unknown to him; and when I returned with the money I see him there, and I did not give it her; with that she came to seek after me, and took me up because I did not come at the time she expected me. Court to Prosecutrix. The prisoner's defence makes it necessary for me to ask you whether you delivered the watch to her to pawn? - I never delivered the watch to her, or ever had any thought of delivering the watch to her. Q. Did you ever tell her to make money of it? - I never did, or ever had a thought about it, she is a wicked girl to say any such thing. Q. How long had she lodged in the house? - About six weeks, she is a servant out of place. GUILTY . (Aged 22.) Imprisoned twelve months in the House of Correction , and fined 1s. Tried by the first Middlesex Jury before Mr. Baron THOMPSON. 164. ELIZABETH WATSON was indicted for stealing, on the 7th of April , a black silk cloak, value 8s. a fox muff, value 3s. a fox tippet, value 1s. the goods of Stephen Twycross ; a black silk cloak, value 4s. a muslin handkerchief, value 1s. the goods of Eliza Twycross ; and a black silk cloak, value 8s. the goods of Elizabeth Twycross . ELIZABETH TWYCROSS sworn. On the 7th of April I went to drink tea and spend the evening with Mrs. Hodgson, in Bell yard, Cary-street . Q. Where do you live? - Newcastle-street in the Strand; my daughters and me went to Mrs. Hodgson's, and the cloaks and muffs were taken up stairs. Q. What are your daughters names? - Elizabeth and Eliza. Q. Is your husband living? - Yes, he is here. Q. What is his name? - Stephen. Q. What cloaks, a muff, tippet, and muslin handkerchief; the cloak, muff and tippet belonged to me, and one cloak to each of my daughters, and the muslin handkerchief to my younger daughter, Eliza. Q. Do you know any thing of the prisoner? - Nothing at all; we were coming home about half after eleven o'clock, and they were not to be found any where. Q. Who looked after them? - Mrs. Hodgson herself, and servants. Q. Do you know any thing more of them? - We have seen them since; I see mine the next day, and the day after my daughters saw theirs, in the hands of the different pawnbrokers, they are here. WILLIAM LANE sworn. Q. Are you a pawnbroker? - Yes. Q. Do you know the prisoner, Elizabeth Watson ? - Yes. Q. What have you to say against her-She came on the 8th of April, and offered me this cloak to pledge, but I had suspicion she had stole it, and I stopped her. Q. You did very well, you do yourself some credit. Mrs. Twycross. That is my daughter's cloak, the elder, Elizabeth. ELIZABETH TWYCROSS sworn. Q. Look at that cloak, do you know it? - Yes, it is mine, I have darned it here, and here is a join in the lace, which came unsown, and I mended it that day, before I wore it. Q. To Lane. When you stopped her what did she say? - She said, she brought it from a Mrs. Wood in Flassell's-place, Broad-street, Bloomsbury. Q. Where do you live yourself? - In Holborn, No. 188. I offered for to send for Mrs. Wood, and then she said it was her own cloak; I received a bill about two hours before, and the cloak was described in the bill. Q. Did you know any thing of the prisoner? - No, I never see her before. Q. Did she bring any thing else with her but the cloak? - She had other things, but the officer would not search her in the shop, she offered nothing more. Q. Did you send for the officer? - Yes. -KEATING sworn. I am a pawnbroker, servant to Mr. Loe, Broad-street, St. Giles's. Q. Do you know the prisoner? - Yes. Q. What do you know of her? - I have known her this year and half, by using the same shop. On the 8th of this month she brought a cloak to pledge, she told me it was Mrs. Wood's, a woman whom she formerly used to come from. Q. Have you got the cloak here? - I have got it, here it is. Q. Did you advance any money on it? - I did, eight shillings; in the afternoon we had a bill delivered to us from the public office, Bow-street, and we gave notice immediately, and the person came and looked at it, and said it was her property. Mrs. Twycross. This is my own cloak, it has been torn behind in the seam, and I have run it in three or four times. EDWARD TREADWAY sworn. Q. What are you? - A constable of Bow-street. Q. Do you know the prisoner? - Yes. On Wednesday, the 8th of April, I was sent for to Mr. Lane's, the pawnbroker, to take her into custody; in searching her I found this muff and black silk cloak in her lap, and a duplicate of another silk cloak, pawned in Broad-street, with Mr. Lee. Miss Elizabeth Twycross. This cloak is mine, here is a particular join across the lining. Mrs. Twycross. I know the muff by the ribbon that is run into it. Court to Treadway. Do you know any thing of the prisoner, where she lived? - No, I do not. Q. To Mrs. Twycross. Do you know any thing of the prisoner? - No, nothing at all. Q. Did she tell you where she had them things from? - She said, they were given her by somebody, and afterwards she would not tell who it was, she would take it all on herself; and afterwards she said that the person was standing at the pawnbroker's window. Q. Was there any body standing at the window at the time? - I believe there was a woman looking through the window. Q. Did she afterwards tell you who it was? - No, she said before the magistrate that she did not know her. -HODGSON sworn. The prisoner once did live servant with me, about twelve months ago. Q. Did she use to come to your house after she quitted your service, to visit there? - No. Q. Have you known any thing of her for these last twelve months? - No. Prisoner. The person that sent me with the things she and I had lodged six months together, she and I went together with the things, she asked me, and I went in with them, in the mean time I was stopped, and she was waiting at the door for me, and she saw the constable come in, and she ran away. GUILTY . (Aged 18.) Imprisoned twelve months in the House of Correction , and fined 1s. Tried by the second Middlesex Jury before Mr. Justice ROOKE. 165. GEORGE WARE was indicted for feloniously stealing, on the 19th of February , twelve yards of woollen carpetting, called scotch carpetting, value 18s. the goods of George Wells . GEORGE WELLS sworn. I am an upholster , in Castle-street, Long-acre . On the 19th of February I lost a roll of scotch carpet, I have two shops, one on one side of the way and the other on the other. Q. Did you ever find it again? - In the course of five minutes after it was taken off my premises Q. Was it on a shew board, or how was it? - It stood on a large mahogany side board table, within the shop door. Q. Where did you find it again? - On the prisoner. Q. In his custody? - Yes. Q. Do you know any things of the prisoner? Was he employed by you? - No; I was in my shop on the opposite side of the way, and I see him go within the shop door, I got up, supposing him to be a customer, and see what passed. GUILTY . (Aged 50.) Imprisoned six months in the House of Correction , and fined 1s. Tried by the first Middlesex Jury before Lord KENYON. Court to Prisoner. Were do you live? - In Gray's-Inn-lane. Q. Have you been in any employment? - It has been a very hard winter, and I could not get full employment, I am a shoe-maker . 166. JAMES MURPHY and JOHN RUSSELL were indicted for stealing, on the 22d of March , one guinea, and one half guinea , the monies of Dennis Callaghan . DENNIS CALLAGHAN sworn. I am a labouring man . Q. Where do you live? - In Newtoner's-lane. Q. Do you lodge there? - Yes. Q. What sort of a labourer are you? - I work for the bricklayers. Q. What do you say to the loss of this guinea and half guinea? - I went into a public house after a pint of two penny, for one of my lodgers that was very sick. Q. What you keep a lodging house there? - Yes. Q. What public house did you go into? - The Bull's Head, in Newtoner's-lane . Q. What day was it? - The 22d of March, between ten and eleven o'clock at night. This James Murphy catched hold of me, and tore all my shirt. Q. How long had you been in the house? - Not two minutes. Q. What past when you went into the house? - This James Murphy and I had some words. Q. What were you quarrelling about? - I don't know, I only meant to have this pint of two penny. Q. How long had you known him? - This year and a half. Q. Then you say he caught hold of you, where? - By the breast, and tore my shirt first and foremost; then I told him I would forgive him that, only to get rid of him; then after I told him I would forgive him, then he and John Russell attacked me, and knocked me down in the passage. Q. Where was it he laid hold of you by the shirt? - Just by the tap room door. Q. Then Murphy and Russell laid hold of you? - Yes, and knocked me down in the passage. Q. Who laid hold of you? - Murphy did first, and the other assisted him, then one of them put his hand in my pocket, and took the guinea and half out, he was keeping me down the while, then after that I cried out for my money. Q. Did you see what money they took out? - No, it was in the dark, but I felt it going, and I cried out for the money, and the mistress of the house she brought a light in a minute, and these men both absented themselves, they run away, and she looked for the money, for fear they dropped the money when they ran away. Q. Was the money found? - There was a guinea and half found by another man, that went after them to the justice's. Q. Was no money found upon the floor? - No, not a farthing. Q. What became of the prisoners then? - They went off by themselves as fast as they could, when they had got the money. Q. Now describe. Did the prisoners go out directly after? - Yes, immediately, before the light came at all. Q. How soon after the money was taken from your pocket? - In half a minute, about a minute. Q. What did you do that night? - I did not do any thing till the next day. Q. You know both the prisoners? - Yes, I knew Russell about half a year, but I knew Murphy longer than that; they lived about four or five doors from me, in New Tower-lane. I did not do any thing that night, for I did not know but they would kill me if I went after them, for I had no assistance. Q. When did you go after them? - The next day I went after the constable, in the morning, but I could not find any till eleven o'clock, and then we found one of them as he was coming home to his dinner, after twelve o'clock. Q. Who was that? - John Russell . Q. Was he in the lane? - He was in Drury-lane, in the Strand. Q. What did you do then? - I staid along with him till I met the constable, and I shewed him to the constable, and the constable took him. Q. How came you to meet the constable? - I had the constable waiting before that. Q. Is the constable here? - No, I was after him last night and this morning, and I could not find him, I suppose they have see'd him. Q. Did you take Russell at that time? - Yes, and took him to Bow-street, to the office, and then went after the other. Q. When did you see Murphy? - It was past one o'clock, I found him at work near Lincoln's Inn-fields, at some stables that his master was building. Q. What did you do with Murphy then? - Took him to the office. Q. Had you any constable with you then? - Yes. Q. Were they committed then at the same day, the Monday you found them? - They were committed to have their second trial. Q. Was what you said taken down in writing? Was you sworn there? Was you examined there? - No, I was not the first, I was the second. Q. Was it put down in writing there? - Yes, I believe they did put it down. Q. Now tell me about this guinea; how did you know it was in your pocket at this time? - I knew it when they attacked me, I took it out of my pocket, for fear I should lose it when Murphy was at me first. Q. That is when Murphy was at you first? - Yes, and they saw me take it out. Q. Where did you take it from? - Out of my breeches pocket, and put it in again, and they were looking at me. Q. Then you had taken the money out of your pocket, and looked at it, and put it in your pocket again? - Yes. Then when they saw that I had the money, that was the time they knocked me down in the passage. Q. How soon after the time that they saw you put it in your pocket was it that they attacked you again? - It was half a minute. Q. How soon after? - In a minute. Q. How long had you had this money in your pocket? - I had the half guinea since Saturday night; I received it from Mr. Fuller, the master that I worked with, a bricklayer; and the guinea I had received on Sunday from one of my lodgers. Q. Did your lodger pay you so great a sum as a guinea altogether? - No, he paid me sixteen shillings, I gave him change for the guinea. Q. What is your lodger's name? - One Jack Hoyle . Q. How much silver did you give him out of the guinea? - Seven shillings, I believe. Q. How many shillings? - Five shillings. There are plenty of witnesses at the time I gave it him. Q. This sixteen shillings, what was it owing you for? - For diet and lodging, for about three weeks, he wanted to buy a pair of shoes the week before, and he took his wages once a fortnight from his his master. Q. How long was your half guinea for that you received from Mr. Fuller? - I earned it the same week that I got it. Q. Was that your usual wages? - No, my usual wages used to be twelve shillings, but I had not the eighteen-pence in my pocket, for I gave it in change, and the remainder I got from another of my lodgers, to make up the change for the guinea. Prisoner Murphy. If you put off my trial till to-morrow morning, I can bring witness to prove the contrary. Prisoner Russell. The Sunday evening before this happened, this man and me went into the public house to get a pint of beer, and we were drinking the pint of of beer, and this man came in, and one of the company drank to this man, and he drank to him, and he sat down, and the Sunday night before this old man Murphy, and he had some dispute; and they began to jaw one another about it, and this Callaghan took hold of Murphy by his breast, and pulled out the table and struck him, and they were parted first then after that, and he was going home along with one of the men, and his brother, Callaghan's brother, met him just at the door, and he told him how he was disputing, and said he had been robbed, and his brother made him turn back again and strike this old man; and when I see him going to strike the old man, I entreated him, and then he struck me, and knocked me down, and then we left him there, and we were carried home by the company that was backwards, he said he would stay all night in the public house; and the next day as I was coming home to my dinner from work, he had a constable in his house waiting for me, and he took me just facing his own door, in New Tower-lane, and he led me down to Bow-street, and then he went after Murphy, and then he brought Murphy to me, and then we went and had a hearing, and then we were ordered up for the Thursday following, for the second hearing; and between Thursday he took four guineas from Murphy's wife, in order to make it up, and he kept it till yesterday, when he went for two more, and she could not give it, and he went to day and had the bill found; he was with us yesterday and had some beer from us. There were two watchmen at the same time the now happened, and he never said a word about any money, and I am sure that was his time to cry out in the house. Q. To Prosecutor. Were there any watchmen in the house at the time? - No, they came in when they went away. Q. How soon after did the watchmen come in? - In about ten minutes. Q. How many watchmen came in after they were gone? - Only one watchman. Q. Why did not you make application to him? - I did but he would not go with me. Q. That watchman is not here? - No. Q. Was your brother there that evening? - He came in after they went away. Q. Are you sure he was not in before? - He came in before, but he was gone out at the time that they robbed me. Q. Had your brother and Murphy any blows passing between them? - No. Q. Was your brother there while the quarrel was? - Yes, he was there, not all the time, he was there part of the time. Q. Had he any words with Murphy while you was there? - I do not know that he had any words with Murphy. Q. Did he at all take your part? - Not while I was present he did not. Q. What money have you received from Murphy's wife, upon your oath? - Not a farthing; but I heard that she gave it to an acquaintance of her's and mine, and so I sent for that man to deliver the money to her again, and I would not accept to have it again after putting the gentlemen to trouble, I would not if I was offered to have a thousand pounds. Q. What other people were there in the house at the time, besides Murphy and Russell? - Yes, there were two or three other people in the house, the man who keeps the house, one Carol, but the man was not up, he was in bed, but the wife was there. Q. Was there any thing past besides, about any more money than the four guineas? - Not that I know of. Q. Did any body do it by your desire? - Never. Q. Did you direct any body to do it? - No. ALEXANDER BRISTOW sworn. I used to work at the saddle and cap making; I know the prosecutor, I live in the same neighbourhood, with my son-in-law, in New Tower-lane. Q. When was this? - Last night, at the Old Bull's Head, at my son-in-law's, in New Tower lane. Q. Was Callaghan there? - Yes; and he said he had sent to Mrs. Murphy for four guineas, and if she did not bring the money in an hour, he would go to day and swear and get them all hanged. Q. Who was in the room with you? - Mr. Collyer, in Drury-lane, a bellows maker. Q. Who else were there besides? - Two men besides, a butcher and milkman, strangers to me. Q. What is your business? - I have a little, enough to live upon, I have left off business these ten years near upon. Q. When did you mention this to any body? - I mentioned it last night after I came out, and this morning. Q. Who did you say was present besides yourself? - Mr. Collyer. Q. Who did you mention it to? - I mentioned it to my son-in-law, when I came out, he was in the bar; Callaghan and I came out together. Q. When was you sent for? How soon? - Not an hour ago. Q. The woman was not there at this public house? - No, not last night. Q. To Prosecutor. Was you at this public house last night? - Yes, I was. Q. And did you see that Bristow there? - I do not know the man. Q. Do you know who was in the room besides yourself? - I sent for my wife to pay for a pot of beer that I had. Q. Will you say that you did not see that Bristow there? - I do not know him, he might be there. Q. What was it you said about Mrs. Murphy not bringing the money in an hour's time? - I said nothing of any such thing; I said nothing about money, only sending a little girl to my wife to send me some money to pay for a pot of beer, I was very dry, I had been standing at Hicks's Hall all the day. Q. Might you not make a mistake about this wife? - No, I heard nothing about that, because they sent out Murphy daughter, and she could not find her, an then he sent out a woman to see if Murphy's wife was at home. Both not GUILTY . Tried by the first Middlesex Jury before Mr. Baron THOMPSON. 167. ROBERT SIMPSON and ROBERT ROBERTS were indicted for feloniously making an assault on the King's highway, on Harriott Villebois , on the 24th of March , and feloniously taking from her person and against her will, a watch with a gold case, value 4l. 4s. a leather purse, value 6d. and three guineas; the goods and monies of the said Harriott Villebois .(The case opened by Mr. Knowlys.) HARRIOTT VILLEBOIS sworn. Q. Was you with Mrs. Villebois and Mr. Stone the 24th of March last? - Yes. Q. Where do you live? - At Feltham, three miles from Hounslow. Q. Was it in a coach? - In an open carriage; we were going to Hanwell, to an uncle that lives there; between Feltham and Hanwell we met the prisoners. Q. What time of the day was this? - It was about a quarter of an hour after one. Q. You say you met the prisoners. Did you know the prisoners? - Yes; I am certain of the prisoners. They immediately demanded our watches and money, and presented pistols to our bosoms. Q. Had they both pistols, or only one? - They had each of them a pistol. I gave them my money and watch. Q. Who was the person that applied to you? - Simpson, the man in the light coloured clothes. Q. What money did you give him? - Three guineas. Q. Was it loose in your pocket? - No, in a small red and green leather purse. Q. Did you lose any thing besides this purse and money? - Yes, a watch I lost, a small gold watch and chain. Q. Was the chain gold? - No. Q. How long do you think the transaction of the robbing took up? - Three or four minutes. Q. Were there persons near to you? - Close. Q. Have you any doubt about the person of Simpson, of whom you first spoke? - Not in the least. Q. Was you much alarmed? - I was. Q. What became of them after they had taken your money from you? - They then robbed my mother, and after they had taken her money, they rode off towards Feltham. Q. That is where you reside? - Yes. After they had robbed us they pulled their silk handkerchiefs off their faces, and I had a perfect view of them. Q. Had you an opportunity of seeing the other person? Can you speak to him or not? Court. How long did they stay by you after they pulled their silk handkerchiefs off? - A moment. Q. How far was the silk handkerchiefs on their faces? - About half covered. Q. About as far as the nose? - Yes. Q. As you saw them both, do you speak to the same certainty of the other man as you do to Simpson? - Yes, I can. Q. You say they made off towards Feltham? - Yes. Q. Which way did the carriage go? - We immediately followed them, we ordered the coachman to turn about, and we had information of their going through Feltham. Q. When you got to Feltham was any body sent in pursuit of them? - My mother sent the coachman and footman, William Nicholl and Daniel Bond . Q. Have you seen your watch again, or any thing that you lost? - Yes, in Bow-street I was shewn the watch. Mr. Gurney. During the time the robbery was committed, the persons who robbed you had silk handkerchiefs over their faces; the robbery took up three or four minutes? - Four or five minutes. Q. Consequently while the robbery was carrying on, their faces being covered, you could not discern their countenances? - No, I could not. Q. Then the reason why you ascertain their faces was, because you saw them uncovered a moment afterwards? - Yes. Q. I think you state you was considerably alarmed? - I was. Q. Seeing them but a moment, and being much alarmed, then is it not possible you might have some doubt respecting their persons? - No, not a shadow of doubt. Court. How were they dressed? - Roberts had a blue coat on, Simpson had a light coloured coat. Mr. Knowlys. Had you an opportunity while the handkerchief was on to see any part of the face? - I could see the eyes and the nose, and the upper part of the face. FRANCES VILLEBOIS sworn. Q. Be so good as to tell us the particulars, as coming within your observation of this matter? - About a quarter after one, on the 24th of March last, I was stopped by these two prisoners; Roberts, the man in black, took my watch, they robbed us, and were extremely abusive; after they were done, both of them just passed the carriage, and took the handkerchiefs from both their faces, and declared they would shoot the coachman, if ever they saw him again, and was a great mind to do it then. Q. Had you an opportunity of observing the faces of both these persons that were present at this transaction? - No, I did not, only Roberts's, I could not speak to Simpson as to any certainly, I could not, I was too much agitated to attend to the person of the man who had not robbed me, but the person that robbed me I have not the least doubt of, he staid so long by me that I could not have the least doubt; I then desired my coachman to return home, and I had no other way of getting home. Mr. Alley. I believe the young lady who has been just examined, was the first who lost her watch? - That I cannot say, because I was busy, talking to Roberts, it was as near together as possible. Q. Consequently you cannot ascertain who it was that took that lady's property? ROBERT STONE sworn. Q. Was you with these two ladies when the robbery was committed? - I was. Q. Will you tell us what passed at the time? - We were going to take a little airing, Mrs. Villebois and her two daughters, and another young lady, and we were got but a little distance from Mrs. Villebois's house, and she observed how pleasant her house was, we had not passed but a minute, and Mrs. Villebois said, there is a couple of highwaymen; they came up, the prisoners at the bar came up with pistols, and demanded our watches and money; Simpson it was that robbed Mrs. Villebois. After that Simpson then demanded my watch and money; he says, now, sir, your purse and money, as to a watch I said I had none; sir, says he, you have, and I will send you to perdition if you do not deliver it; and I got up upon my legs, and told him I had no watch; sir, says he, turn your pocket out; I said, I should not; with that they ordered the coachman to drive on, and pulled their handkerchiefs off their faces, and said, they were a great mind to blow the coachman's brains out, and if they met him again at any other place they would; this was because the coachman looked at them while they were robbing, they had told the coachman to keep his head the other way. I told Mrs. Villebois that she might as well pursue her pleasure, where she was going. Q. Have you any doubt of either of them? - Not the least doubt. Mr. Gurney. It was the person supposed to be Simpson that attemped to rob you? - It was. Q. You had not the opportunity of observing the person of Roberts? - Yes, as good, because Roberts was at my left hand, robbing Mrs. Villebois. Q. As Simpson attempted to rob you, your attention was particularly directed to him? - I had observed Roberts before that, he was robbing Mrs. Villebois; while Simpson and Roberts were robbing the ladies, their handkerchiefs were over their faces, it was about half way over. Q. Then all the opportunity you had of observing their faces, was for the moment they took it off, and spoke to the post boy? - It was, but I am certain of them WILLIAM NICHOLL sworn. I am a coachman to Mrs. Villebois. Q. Did you drive her upon the day of the robbery? - Yes, the 24th of March last. Q. Tell us what you observed at the time? - Upon the 24th of March last my mistress ordered the carriage at half past twelve, and I got it ready as soon as I could, I believe it wanted about twenty minutes to one when I was at my mistress's door, she desired me to drive to Hanwell; and about a mile from my mistress's door, between there and Hansworth, I met Simpson and Roberts, Simpson had a handkerchief in his mouth, Roberts had nothing on his face, nor no part of his face. Q. Who desired you to stop? - I rather pulled up my horses, thinking it was a friend that wanted to speak to my mistress, and I turned my head and see a pistol in one of their hands; I immediately whipped up my horses, seeing some men about three hundred yards off, plowing a field, and Mr. Stone desired I would stop, and I did stop, and they presented pistols, and demanded their watches and money, and repeated it different times. Q. Now when Simpson came up to the coach, had he the handkerchief in his mouth? - He had it a little distance before he came up to the coach. Q. What do you say to Roberts? - Roberts had nothing on his face; I turned my head to look at him, and Roberts d-ed me, and said he would blow my brains out if I turned my head that way, I saw Roberts had nothing on has face. Q. Did you see the person supposed to be Roberts, while the robbery was going on? - I saw him, but I cannot say whether he had a pistol or not in his hand; immediately I looked, Simpson said be would blow my brains out; and I looked no more after that; they said they were robbed, they rode off; my mistress said she was robbed, I driving on, as I thought to go towards Hanwell, my mistress told me to turn round, and go the same way back again; I looked afterwards and saw the prisoners, on a trot, very fast; my mistress desired I would turn back, and go the same way home again, she would go no further. Q. Had you an opportunity of seeing their faces before they committed the robbery? - Perfectly. Q. Look round and see if you know these two persons? - That is Simpson, that one had the handkerchief in his, mouth; the other is Roberts, he was rather behind the other. Q. Are you sure hat is the man that you met? - I am clear of it. Q. Then you returned towards home? - I did, and made some inquiries after them, and we were informed they rode fast towards Belfound. Q. In consequence of your inquiries, did you pursue the way that you was informed they were gone? - I inquired myself by Feltham church. Q. Did you go in pursuit of the men? - After I got home Mr. Stone desired me and the footman to go after them; we went and put a saddle on each of the horses that I drove, and we went to Belfound. Q. Where did you go next? - We went from there to Harlington; we went from Harlington across the country roads to Harrow, we went to Harrow, and inquired of a man who was a rope-maker. Q. When you got to Harrow, did you meet with any persons like the persons that robbed you? Did you go to the King's Head, at Harrow? - I did. Q. Who did you find there? - Young Mr. Foster, who I thought at that time to be a waiter. Q. Did you go into the room, and who did you find there? - I went into the room with the two Mr. Fosters and Daniel Bond ; there we found the two prisoners in the room, we took them in the room; we had got a constable, who I spoke to before, and there we searched them. Q. Now tell us what past then. What did you find? - After the handcuffs were put on them, Simpson says, here is the watch. Q. Was there any conversation about a watch by any body? - I told them they were my prisoners; they said, they knew nothing of me; I said I was very sorry I knew any thing of them; then we got the handcuffs on them, and searched them, and Simpson said, here is the watch; he put his hand towards his right hand pocket; I told the constable and told the Fosters, how they had just stopped the carriage, and robbed my mistress, and I insisted on their being searched; one of the Fosters took the watch out of his pocket, and three pistols were found on them, I see them after they were taken from them, but I cannot say who had them, they were loaded. They were not examined then, but they were brought to Bow-street, and justice Bond examined them, and said they were loaded, all three. Q. What became of the watch? - One of the Fosters had it that night. Q. Do you know the watch yourself? - I may have seen it, but I cannot say I did know it. Q. Did you find any thing else on them? - There was money found on them, but I cannot justly say how much. Q. Was there a purse found? - There was a pocket book. Mr. Alley. You seem to have laid a deal of emphasis on one thing, that is this, that at the time you looked at the men that robbed the coach, one of them d-ned his eyes, and said he would blow your brains out? - He d-ned me at the time. Q. Had he not the opportunity of putting his threat into execution at the time, if he had been such a sanguinary man as you represent him to be? - He d-ned me, and told me he would, and I had no other reason to think but he would do it. DANIEL BOND sworn. Q. Are you a servant to Mrs. Villebois? - Yes. Q. Did you go with the other servant to pursue? - Yes. Q. Where did you go to? - To Harrow on the Hill, the King's Head. Q. Who did you find there? - I found these two men in the room; these are the two, they were in the back parlour. Q. Tell us what conversation past, and what you found there? - There was a watch found on Mr. Simpson. Q. Was any thing said before or after the watch was found? - He asked us when we went into the room, what is the matter! what is the matter! I said I was very sorry to see that they were the men; I did not know them myself, and the coachman came in. Q. What did they say when you said you was very sorry to see that they were the men? - They said they were not the men. Q. What past then? - The constable handcuffed them, and then we searched them. Q. What did you find when you searched them? - I found the watch on Simpson. Q. Was any thing said about the watch to him, or from him? - He said I have got the watch. Q. Had any body said any thing about the watch before? - No. Q. What else did you find besides the watch? - About four or five guineas. Q. Who was that found upon? - Mr. Foster took it, I did not rightly see from whom it was taken. Q. Was there any thing else taken from him besides the money and watch? - They said there was a pocket book, but I did not see it. Q. Any arms? - Yes, three pistols I believe, two on one, and one on the other. Q. Were they loaded or not? - I did not see, I came home to let my mistress know. Mr. Gurney. They did not offer to make use of these pistols when you apprehended them? - No, they did not make any resistance at all. Mr. Knowlys. Did you see the watch when it was found? Did you know it? - Yes, I knew the chain, It was Miss Harriott Villebois's. -FOSTER sworn. Q. I believe you live at the King's Head, at Harrow? - Yes; I remember the prisoners coming to my father's house, on the 24th of March, about three o'clock, as nigh as I can guess; we had dined, but about three they came up to the door, and they asked for two gills of wine, which I served them with; then they asked if the family had dined? I told them yes, we had dined, and they asked it we had any cold meat in the house? I told them if they would please to alight from their horses I would see, and I served them with what we had, and a bottle of ale; before they had done Mrs. Villebois's servant came to inquire for these two men; I told them there were two such men there, and told them to follow me into the room, and my brother and I went up to Simpson, I told him I understood that there was a robbery committed, and I suspected they had done it, and I told them I hoped they would make no resistance, and then my brother and the footman and coachman and headborough took them, and they were handcuffed and searched, and I found a pistol, and the coachman said his mistress had lost a watch, and Simpson said it was in his left hand waistcoat pocket. Q. What became of the watch after that? - I have got it, and have kept it ever since. Q. Was there any thing else found? - There is four guineas and a half in gold, some silver and halfpence. (The watch produced.) Miss Villebois. This is the watch and chain I lost on this occasion. Q. Can you recollect either the name or number upon it? - No, I cannot. Q. How long have you had it? - About three years. Mr. Gurney. Is there any particular mark by which you know it? - Yes, there is a bruise on the outside, I know it from the whole general appearance. Mr. Knowlys. And that you say you derive from three years use of it? - Yes, I am positive of the watch. Mrs. Villebois. I am certain it is her watch, it is the watch she was robbed of. Q. How long have you known the watch? - About seven or eight years, I gave it to Miss Villebois myself. JAMES MARTIN sworn. Q. I believe you are headborough of Harrow? - Yes. Q. Were you present when these prisoners were apprehended and searched? - Yes. Q. What did you find on them? - Two pistols, that is what I took from them, I took one from each. Q. Do you know whether they were loaded at that time? - They were both loaded. EDWARD TREADWAY sworn. Q. You are a constable of Bow-street? - Yes. Q. Did you search either of the prisoners? - Yes, I did. Q. Who did you search? - Both. On the prisoner simpson I found a guinea and two shillings, on the prisoner Roberts two pistol keys, this pistol bag, and three shillings in silver, and about ten-pence in halfpence. Mr. Knowlys to Miss Villebois. What is the value of the watch? - It cost seven guineas. Prisoner Simpson. I leave myself totally to the mercy of the court. Prisoner Roberts. I refer myself to my counsel. Roberts called three witnesses who said he was a hair dresser, and gave him a very good character. Simpson said he had three witnesses there that morning, but he had sent them out of the way, not expecting his trial to come on. Robert Simpson , GUILTY . (Aged 24.) Death . Robert Roberts , GUILTY. (Aged 26.) Death. Tried by the first Middlesex Jury before Mr. Justice ROOKE. 169. PATRICK MURPHY was indicted for feloniously stealing, on the 23d of January , a miniature picture set in gold, value 2l. a red morocco leather case, value 6d. nine pair of silk stockings, value 1l. 10s. a cambrick handkerchief, value 5s. the goods of Rebecca Aguilar , in the dwelling house of Judith Aguilar . ANN WILLIAMS sworn. Q. I see this property stolen is the property of Rebecca Aguilar , in the dwelling house of Judith Aguilar ? - Yes; I live in that house. Q. Are either of them here? - No; they do not think it necessary. I am housekeeper to Mrs. Aguilar. Q. Is Mrs. Aguilar a widow? - Yes, she is. Q. She is a jewess, I suppose? - Yes, she is. Q. How old may the daughter be? - Two and twenty. Q. Was Mrs. Agullar's house robbed at any time? - On the 23d of January, on a Friday. In going into the bed room up two pair of stairs, I see the prisoner standing up in the room. Q. Where is her house? - In Devonshire-square . I asked him what business he had there? he said the footman sent him up stairs; I told him to walk down stairs and he should see the footman. He walked down stairs, and the butler came forward. All the articles in the indictment were in a drawer, in that bed room; they belonged to Miss Aguilar. Q. Was any property removed, or taken away, or found on him? - There was a large quantity of linen and wearing apparel put under the bed. Q. I see in this indictment there are laid a miniature picture set in gold. &c. the property of Rebecca Aguilar , is she a single woman? - Yes. Q. Were they all in this bed room? - Yes. Q. When had you last seen them in that drawer? - These things were in my care, in my bed room. Q. When you came out of the room had you turned the key of the door? - I had not. Q. How soon after this did you see these things? - The nine pair of stockings and the picture I found on him; all these articles were found on him. Q. What were the sort of things that you found under the bed? - Two handkerchiefs and a cloak. Q. Did you see these articles taken from the prisoner? - No. Q. Then how do you happen to know that they were found on the prisoner? - By the officer. Q. Was the door shut of this room where you found the prisoner? - Yes. Q. Did you find him in the room? - Yes, rather confused; he stood up in the room. -CATER sworn. I live with Mrs. Aguilar, she is a widow lady. Q. Did you ever see that man in Mrs. Aguilar's house? - Yes, I did, on the 23d of January, at one o'clock at noon; the house maid came running down to me as I stood in the hall. Q. Who was the last witness? - Mrs. Williams, the housekeeper; I did not see her till afterwards; the house maid is not here; she asked me if I had let a strange man into the house? she said there was a strange man in the house; I then inquired where he was; she said he is coming down stairs; on his coming down stairs, I asked him who he wanted? Q. Did you see the prisoner come down stairs? - I did. Q. Was the last witness behind him, following him down? - Yes, she came following him down. Q. What past when he came down? - I asked him what he wanted? he told me he wanted the footman, or words to that effect; I told him we did not keep footmen up stairs; I asked him what he had got in his pockets? he told me a few silk stockings. I then laid hold of him and desired the footman to go for an officer; I then took him into the parlour and desired he would pull out every thing out of his pockets; he pulled out nine pair of silk stockings, a cambrick pocket handkerchief, and a hammer with a crow at the end of it; we then took him into another parlour, and by this time the officer came, and we had him examined, and the officer found the picture up his sleeve in the palm of his hand. Q. Were all these things delivered to the officer? - They were. THOMAS SAPWELL sworn. I am an officer of Bishopsgate; I produce nine pair of stockings, one handker chief, and a picture; I have kept them ever since. Q. Look at the prisoner. Did you see him at Mrs. Aguilar's house? - I did. Q. Did you take him into custody? - I did; and on searching him I found this picture, in his right hand pocket; his right hand was in his pocket, and I took his hand out, and this here was under his sleeve, in his hand. The other things were given me by Miss Aguilar. Q. Was that in the presence of the prisoner? - No, it was not; he was in one room and I was in another. I found this crow laying at the prisoner's feet, I did not find it on him. Q. To Williams. Was this room usually kent locked? - No, never locked. Q. To Catir. Did the young lady see the things taken out of his pocket? - Yes. Q. Did they remain in the same parlour, the things when the officer came? - No, they were taken into the back parlour, to the bell of my knowledge. Q. Was you present when the young lady delivered them to the prisoner? - I believe I was, I was present all the time. Q. Were the things left in her custody any time, out of your presence? - No, the officer took them. Q. Then you have no doubt but they are the stockings, and the same handkerchief? - I have no doubt at all. Q. As to the miniature picture is that the same? - It is. Q. To Mrs. Williams. Look at that miniature picture. Is it the picture of any one of the family? - It is Mrs. Aguilar's son-in-law, set in gold; I think it cost her about thirty pounds, when she had it first, but the value is very little now; the stockings have the initials, R. A. on them. Q. What may be the value of them? - I am sure I cannot say. Q. Are they new stockings, or have they been wore? - They have been wore. Q. What did they cost new? - About seven shillings, a pair. Q. Now that cambrick handkerchief; do you know that? - Yes; there is the same name as on the stockings. Q. What may be the value of the cambrick handkerchief? - About four shillings. Prisoner. I had been very ill for about four weeks before that, and I got up in the morning, and I was quite almost out my senses when I went into this house, and I found this picture on the stairs, just as I was going up stairs, and I went up and put them stockings in my pocket, and they came up and took me down stairs, and asked me what I had go in my pocket, and I told him; I have been ill these thirteen weeks with the bad distemper. Jury. Are all the stockings marked R. A.? - Most all; there is one marked J. A. they were a pair of stocking that were too small for Mrs. Aguilar, and she gave them to her daughter. Q. Were there any number on them? - There were, but I do not recollect the number. GUILTY, Of stealing to the value of 39s. Transported for seven years . Tried by the London Jury before Mr. RECORDER. 170. WALTER STAMFORD was indicted for feloniously stealing, on the 21st of February , a silk handkerchief, value 8d. the goods of John Paterson . JOHN PATERSON sworn. I am clerk in the Sun fire office . Q. Was your pocket picked at any time? - Yes, on the 21st of February, Saturday, at about a quarter after six, in Fetter-lane . Q. How did it happen? - By the prisoner rushing on me, and I immediately turned and collared him. Q. How did he come up to you? - He was behind me; I parted with a friend at the corner of Fetter-lane; going up Fetter-lane I heard somebody behind me, supposing it was the friend that I had parted with, and when I came near to Clifford's Inn, the prisoner rushed on me, and consequently I immediately turned about, and collared him with my left hand, at that moment he was putting the handkerchief behind him, and I put my arm round and took the handkerchief from him, he had it in his right hand. Q. Was it a linen or silk handkerchief? - Silk. Q. You knew it to be your's? - Yes. I gave him and it in charge to the constable. Q. Was it a coloured handkerchief? - It was. I had taken it off my neck not five minutes before. Q. It was in your pocket, was it? - Yes, in my right hand pocket. Q. Did any thing pass after this? - He tried to get away. Q. But he did not hurt you at all? - No. WILLIAM MARNE sworn. Q. Were you in Fetter-lane that day? - No; the prisoner was brought to my house in Fleet-street; I am ward beadle; the prosecutor brought him down. Q. Was any handkerchief brought there? - Yes; Mr. Paterson gave it to me.(Produced.) Q. Have you kept it till now? - Yes. Prosecutor. The handkerchief that I gave the officer was the handkerchief that I took off my neck. Q. Will you swear that the handkerchief that you found in the hands of the prisoner, was the handkerchief that you took off your neck and put into your pocket? - It is. Q. And that same you delivered to the officer? - Yes. Prisoner. I was going up Fetter-lane to buy a bit of pork for Sunday's dinner, and I picked up that handkerchief, and a woman was quarrelling with me who should have it; and immediately that gentleman came up and said, it is my handkerchief; and I said, if it is your's, take it; and he said, I will not be positive whether you have picked my pocket or no, for I found it three or four times partly out of my pocket; and some people thereabouts said I should do for a substitute soldier; I said I was not fit for to serve my king and country; and they took me to the hall. Court to Paterson. Did any of this conversation pass in the way that he puts it? - It did not. Q. Did you doubt at all whether it was taken out of your pocket? - I did not. GUILTY . (Aged 23.) Transported for seven years . Tried by the London Jury before Mr. RECORDER. 171. JAMES WEBB was indicted for feloniously stealing, on the 4th of April , eight pieces of cotton shawls, each piece containg ten cotton shawls, value 14l. the goods of William Nicholls , and John Thomas Stevens , in their dwelling house . A Second COUNT, for stealing the same goods, charging it to be in the dwelling house of John Thomas Stevens only. JOHN THOMAS STEVENS sworn. Q. Have you any partner ? - Yes. Q. What is his name? - Thomas Nicholls. Q. What business do you follow? - A Manchester and Scotch warehouse, No. 7, Milk-street . Q. Whose dwelling house is it? - My dwelling house. Q. Your partner does not reside there? - No, he lives over Blackfriars Bridge. Q. Does he contibute at all? - He does, to the warehouse expence; the whole rent is paid out of the joint trade, and a certain sum charged to me for the house part. Q. This place from whence the goods were taken, was that the part in which you pay in common? - It is in the part in which we pay in common out of the trade. Q. The servants are joint servants in the trade? - Yes, the servants are. Q. Did you lose any shawls at any time, and when? - On Saturday evening the 4th of April, I was up stairs at tea, at the time he was taken, and hearing the cry of stop thief, I got up and opened the dining room window, and looked out and saw a crowd coming towards the door, and I immediately went down stairs, and when I went to the door they were bringing the prisoner in to the door, these that had taken him. Q. What else was brought in besides the prisoner? - Nothing else at that time; the property was taken into the next door, where the prisoner was taken up; when the prisoner was brought into the warehouse, our porter gave charge to the constable that came in with him, and he was at that time taken to the Poultry compter; it being Saturday night the Lord Mayor did not sit till the Wednesday following, and then he was committed; I went into our neighbours next door but one, Neale, Wright and company, and there I saw these eight pieces of shawls, which were taken up by one of them young men, they had laid them on the counter. Q. Did you know these shawls to be your's? - Yes, I did, by my private mark being on them, they have been in my custody ever since, with the constable's seal on them, the constable himself I believe brought them to our house, from our neighbours, and tied them up, and put his seal on them, and then left them in our custody. Q. You have told us you have a partner, have you any other partner? - No, no other. Q. No other person having an interest in the trade? - No, no other. Q. Where were these goods placed? - On a box, just at the entrance of the warehouse. Q. The warehouse is at some distance from the house? - No, it is the lower apartment in the house, the ground floor, even with the street. JOHN GLADWIN sworn. I am porter to Mr. Stevens. Q. Look at the prisoner. Did you miss any property at any time? - On Saturday evening, the 4th of April, I was shutting up the warehouse, and a man came up and asked me several questions about the way to Aldersgate-street; and I told him immediately which was the way, and he asked me whether the White Horse inn was there, and if the Norwich waggon did not go from it? I told him I did not know, but there was a White Horse inn, in Cripplegate; immediately it run in my head that something was going forward more than usual, and I turned my head and see the prisoner coming out of the shop with a quantity of shawls in his arms, he had them before him openly I immediately cried stop thief! and ran after him, he carried them about ten or a dozen yards, and threw them down in the kennel, and ran away; I cried stop thief! and he runs up a narrow court that leads to Honey lane market, Robinhood-court, he was stopped there. Q. Did you see him stopped? - No, I did not. Q. How soon did you see him after he got away from you? - In less than a minute; the constable came up, and I laid hold of him, and he laid hold of him, and we two led him back to the warehouse. Q. What became of the shawls, how many pieces were there? - Eight pieces. Q. How soon did you see them again? - About ten minutes after, at our neighbours, Neale and Wright's. Q. Were they the same as the prisoner threw down? - They were. Q. Where did you see them? - On the counter; the person who took them there is here. Q. Do you know them to be your masters property? - Yes. Q. Should you know them again if you was to see them? - Yes. Mr. Knapp. This was between seven and eight o'clock at night? - Yes. Q. It was darkish? - Not very dark. Q. Not quite so light as it is now? - No. Q. So I should think. The person, had he a round hat on? - Yes, the shape of mine. Q. Now it was dark, and he had a round hat on, and you lost sight of him, and he was stopped not in your presence; do you mean to tell the gentlemen of the jury that you swear to the person of the man? - Yes, I can. Q. Had you ever seen him before? - Not before that night, I had a perfect sight of him. Q. Had you any lights in your warehouse? - Yes. Q. He ran out of your warehouse you say? - I see him come out of the door. Q. Had you any lamps near you? - There was not. Q. What distance was you from the prisoner when he came out of the door? - I was within a yard of the door. JAMES SCULTHORPE sworn. I live along with Messrs. Neale, Wright and Co. as warehouseman. On Saturday, between seven and eight o'clock, hearing the cry of stop thief! I went to the door after our porter, and the porter ran down Milk-street, and I did not run at all, I set my feet immediately almost on the goods, that lay in the kennel. Q. You did not see any body throw them down? - I did not. Q. How far were they from your door? - The width of the pavement, directly opposite the door. Q. What were the goods? - Purple shawls. Q. What did you do then? - The porter that pursued the man, desired the shawls might be picked up, and I picked them up, and took them into our front warehouse, and laid them on the counter. Q. Who were they delivered to after that? - To the constable that took the man. Q. Did you deliver them to the constable or Mr. Stevens? - The constable took them I think, but I believe they were both present. Q. Was it wet or dry in the street? - It was quite clean in the middle of the street, but some of them got into the kennel, and got very wet and dirty. DANIEL CARTWRIGHT sworn. Q. Was you sent for on this occasion? - No, I was coming down Milk-street between seven and eight o'clock, and hearing the cry of stop thief! I ran as fast as I could, and seeing a concourse of people running in the court, I immedi ately made round the other way, and catched the prisoner in the court, Robinhood-court. Q. Was he running? - He was hardly running, when I came up to him there was so many people that he was partly stopped; I brought the prisoner back to Mr. Stevens and Nicholson's, and they gave charge of him, and I took him to the Compter; after that I went to Messrs. Neale's and Wright's, with Mr. Nicholson, and brought the shawls into his house. Q. Were they dirty or clean? - Two parcels I believe were dirty, the others were not, they are here in court. Q. What has been done with these shawls? - After that I then sealed them up, and left them at Mr. Nicholson's house. Q. They were carried I suppose to the magistrate? - Yes. Q. Did you seal them again there? - Yes, I sealed them at the Mansion House, before the Lord Mayor. Mr. Knapp. You say the prisoner was running, and you stopped him? - Yes. Q. He was running towards you? - Yes. Q. You know Robinhood-court? - Yes. Q. One end of Robinhood-court leads into Honey-lane-market? - It does. Q. Then if he had been inclined to run away, he might have run away into the market? - He had not got through the court. Q. These shawls you received from Neale, and delivered them to Nicholson, that is all you know? - That is all.(The goods produced.) Prosecutor. They are the same shawls. Q. Have they your private mark on them? - They have. Q. When had you last seen them, before this transaction happened? - Half an hour before, they had been shewn that day, and just put by in another place, they were marked No. 214, with a cross. Mr. Knapp. That is no particular private mark of your's no more than another dealer? - No, no other than I know my own mark. Q. Persons in trade do mark their goods with private marks sometimes? - They do. Q. They are linen I believe? - They are cotton, all of them. Q. What is the value of all these things? - About fourteen pounds, that is the price that I am every day selling them for. Prisoner. I was coming through Honey-lane-market, and I was walking down this court, and two or three people run past, and I walked on, and a great many people came in a cluster together, and laid hold of me, and said I was the person; and I asked what it was for? and they said I had taken some shawls, and they took me back to this gentleman's house, I know nothing more. GUILTY . Death . (Aged 16.) Tried by the London Jury before Mr. RECORDER. 172. ROBERT BATTEN was indicted for feloniously stealing, on the 26th of January , a pair of silver shoe buckles, value 1l. the goods of William Yeatman . WILLIAM YEATMAN sworn. Q. Where do you live? - In Blackfriars. Q. Did you lose any silver Buckles at any time, and when? - The 20th of February. Q. Where did you lose them from? - Out of the bar, in a house in St. Andrew's parish , but I have since moved from there. Q. You keep a public house , do you not? - Yes. Q. Do you know by what means they were taken away, or by whom? - I cannot tell. Q. Did you ever find them afterward? - Yes, in the possession of one Chandler, a pawnbroker, the evening that I missed them, the 26th of February, in St. Giles's. Q. How they came there you don't know I suppose? - I cannot positively say. Q. Are the buckles here? - They are. WILLIAM LOCKE sworn. I live journeyman with Mr. Chandler, pawnbroker, in Holborn; the prisoner at the bar brought me the buckles on the 26th of February, I think it was about twelve o'clock; they were a pair of silver shoe buckles; he brought them to me and wanted a guinea? I told him I could not lend him a guinea, I would lend him fifteen shillings; he said it would do. Q. Had you known him before? - I had known him about a twelvemonth, he has pledged several articles at our house, of wearing apparel, coats and waistcoats that I have seen him wear, I am certain of the man. Prosecutor. The buckles are mine for a certainty, I knew him about three months before he committed this transaction, he is a waiter I understand. Prisoner. These buckles I bought of a person whom Mr. Yeatman knows as well as I; the person came up to me one day as I was walking, and said, young man, will you buy a pair of silver buckles? I said I had nor money to purchase a pair of silver buckles, they would be too much money for me; he said I should have them for a guinea; I asked him if they were his own? he said they were his own, and I went in and asked that gentleman if he would lend me a guinea on them? and he lent me fifteen shillings; the person that I bought them of, was a waiter at the Paul's Head tavern, in Cateaton-street. The prisoner called on one of the Bow-street officers to give him a character. Officer. He has called on me to give him a character; I know he was a soldier and deserter, and his associations are very bad. GUILTY, (Aged 52.) Judgment respited . Tried by the first Middlesex Jury before Lord KENYON. 173. MARK CURTIS was indicted for feloniously stealing, on the 26th of March , a cloth livery great coat, value 10s. the goods of James Webber . Joseph Palmer and John Tatum were called on their recognizances, and not appearing the prisoner was ACQUITTED . 174. SARAH HAMMET was indicted for feloniously stealing, on the 3d of March , five guineas and five half guineas, and fifty shillings, the monies of John Burton , in the dwelling house of Richard Powell . John Burton and Richard Powell were called on their recognizances, and not appearing the prisoner was ACQUITTED . 175. JOHN HAYNES was indicted for feloniously stealing, on the 14th of March , seventeen yards of black lace, value 14l. the goods of William Brand and, Michael Hayman , in their dwelling house . ELIZABETH BRAND sworn. Q. What is your husband's name? - William Brand . Q. Is your husband in partner ship with any other person? - With Mr. Hayman. Q. What is his christian name? - Michael. Q. Where is your trade carried on? - No. 4, Goudge-street, Tottenham-court road . Q. Who lives in that house? - Mr. Hayman and Mr. Brand. Q. Is the shop a part of the house? - Yes. Q. Is there an internal communication between them? - Yes. Q. Do you pay between you the rent and taxes of this house? - I have not been long married to Mr. Brand, only in January last, but I lived in the house before, I lived with Mr. Hayman almost since an infant; I came with Mr. Hayman to the house about two years ago when he came, I think it is. Q. Now having married Mr. Brand, who kept the house after the marriage? - It is kept in general between Mr. Hayman and Mr. Brand, there have been no separate expences shared, we live in general. Q. Who pays the taxes and rent of the house? - Every expence is paid jointly. Q. Now what have you to say against the prisoner at the bar? - The prisoner at the bar came into our shop, I was in the shop and no one else; it was Saturday four weeks ago, I believe the 14th of March, about four in the afternoon; he asked to look at some white cotton stockings, mens white ribbed cotton stockings, accordingly I opened some paper, as many as five, and there was a difficulty started by the prisoner on every one, but as he disapproved of one paper I put them under the counter, and opened another; he then seeing I was not very ready to open any more, he then asked me if I had not any brown cotton; I began by this time to be suspicious, shewing him so many; I clapped my hand immediately on the first I got hold of, and in turning round with this paper of stockings I see the man in a confusion, standing near the counter, where I was at, standing a little aside as it were, with a vast deal of quickness, putting something in a coat pocket, seeming very much confused, putting it in a pocket inside the coat. Q. Was he dressed as a soldier then? - Yes, as he is now, but I think the coat was not so good. And I shewed him the stockings, and he said the stockings were too small; he asked me if I had any larger? I answered I would see, but my intent was not to see whether I had any more stockings, but to go round the counter to see if I could see what I had lost; I went round the shop to the other side of the counter, and as I advanced to the door I see the card of lace on the counter, so that I was satisfied I had lost something from the window; I went round to the other counter, being convinced that he could not take any thing from the counter I was at; when I went to the opposite counter, as soon as I fixed my eye on the window, I perceived the man making to the door. Q. Did you miss any thing from the window? - I did not at that moment, I did afterwards; I told him he must stop, and threw myself across the counter, with a view of taking hold of his coat till I got assistance, but the man going back it was out of my power to reach him, but I called out very violently, Mr. Hayman was asleep in the parlour at the time I was calling; the man had got out of the shop, about to the next door, he ran out of the shop, at my screaming the man returned, and at the door, or about the step of the door, I observed him take the card of lace from his coat pocket that he had put it in, and threw it on the counter, till then I knew not what he had got, he stood in the street and threw it on. Q. You see him do this? - I did. Q. Was the counter near the door? - They are both near the door. By that time Mr. Hayman came down stairs, and came out to the door to my assistance, and the man returned to parley about this lace. Q. Was he brought in by any body in custody, or came he in of his own accord? - I cannot be positive; when he was in in the shop we sent for a constable. Q. Now what opportunity was there for the man who came into the shop to examine the stockings, to go from the counter and take the card of lace from the window? - Only while I was turning my back to take down some more stockings. Q. On his being brought back into the shop, what past? - Nothing more than he petitioned me to let him go; I cannot say exactly in what words, he pleaded that I would let him go. Q. This lace was put up in the shop window? - It was. Q. Who has got possession of it? - I have. Q. What was done with it when it was thrown on the counter? - I had it, and I have had it ever since. Q. What do you know it by? How many yards is it? - Seventeen yards and a quarter. I believe we only give it the term of black lace. Q. You never missed it till you see it on the counter? - I did not. Q. And that is the property of Mr. Brand and Hayman? - Yes. Prisoner. I had no pockets about me but breeches pockets. MICHAEL HAYMAN sworn. Q. We have already learnt that you have a partner, and that you jointly occupy the house? - Yes, the lease is in my name, because I took it before I knew Mr. Brand, as to every thing else we live together and pay every thing jointly. Q. What do you know about this business? - As Mrs. Brand observed, I happened after dinner to be asleep. Q. About what time was it you was waked? - Between three and four; I went into the shop, and found the door open, nobody in the shop but Mrs. Brand, the prisoner was not there, she gave me alarm, and pointed me to the door, and as I was going out at the door to my great surprise the man met me; I had hardly got over the threshold of the door, he met me with that card of lace in his hand, he then threw it into the shop on the counter. Q. Did you see him? - Yes. He said the lace had dropped and he picked it up; I knew very well that it was impossible; I was not satisfied with that, and I secured him. When the constable came he searched him, and he opened the coat and he had a pocket in the coat; there was nothing found on him at all, money or any thing, but he had a pocket in his coat, I am positive of that. Q. Had you any knowledge of the lace yourself? - Do you mean as to its being in the window? I cannot pretend to swear to that. Q. To Mrs. Brand. How do you know that to be your lace? - By the shop mark, S. N. the cost price, and the selling price. Q. You had not sold that? - No, when we sell we cut that off. Q. How long before this happened could you say that the lace was in the window? - I cannot say. Mr. Hayman. If your lordship will give me liberty, I believe I can satisfy your lordship in that point. It is Mr. Brand's province to put the window to rights every morning; and I dare say neither Mrs. Brand nor myself can take upon ourselves to say that lace was in the window that morning. Q. To Mrs. Brand. Does it contain the number of yards that card says it contains? - I cannot say; I have not measured. I had not cut any, I am quite sure of it. Q. When you sell lace, did you give the card on which it is? - When we sell the whole, and they request the card, we may do it, but I have never done it since I have been in the business, which is about seven years, I believe. Q. Had you more cards of that sort of lace? - Not of this very pattern or breadth. Prisoner. I went into the shop of this lady to buy a pair of cotton stockings; I asked her for a pair of very large ones, and the lady shewed several different papers, which were of quite a small size; I told her not to give herself any more trouble; going out of the shop, I heard the lady scream out, and I returned back again, and I see something lay on the ground, and I picked it up, and hurled it on the counter; I did not know what lace it was, and the gentlewoman said that I took away the lace out of the shop with me. Hayman. Will your lordship permit me to say something in his favour? I received a message from a captain Rice, and the captain sent me word that he would wish to have him delivered up to the regiment, and he would punish him by the military law; they spoke of nothing against his character. JOHN HASLAM sworn. I am a sergeant in the coldstream regiment of guards; I have known the prisoner eight years, he has been in the regiment as long; he has been abroad on the Continent; he bears a very good character as a soldier . Q. Was he in the company that you belong? - Yes. Q. How came he by his new cloathing? - They were sent to him by his wife, to change himself for decency. Q. Were they allotted to him as a soldier? - Yes. Q. How came he to return here? - Through sickness; he came home in a violent fever. He was in the light infantry abroad, at home he is in the battalion, because we have no infantry. GUILTY, Of stealing to the value of 39s. (Aged 25.) Transported for seven years . Tried by the first Middlesex Jury before Mr. Baron THOMPSON. 176. JAMES FREERS was indicted for feloniously stealing, on the 11th of April , an unmade cloth coat, value 30s. and a pair of unmade corderoy breeches, value 5s. the goods of William Peacock . WILLIAM PEACOCK sworn. Q. Where do you live? - No. 43, Portpool-lane ; I keep a tobacconist shop , and follow my own profession, a taylor. I was coming along the lane, Saturday, the 11th of this month, returning home, within a few yards of my own door I observed a young lad coming out of the shop with these clothes, and the prisoner stood to receive them in a basket, and I went up to the man, and told him they were mine; and he said, that lad has stole them, take him. Q. What sort of a lad was this in the house? - He appeared to be a stripling, between sixteen and eighteen years of age; as he stood within the door way, he put the clothes in the basket that this man held, and stood with his back in the door way, and held the basket within the door way. Q. What things were they? - A superfine coat, and a pair of corderoy breeches unmade up. When I saw this done I called to him, and asked him what they had been about? and he turned to me, put his hand into the basket, and I took them out of the basket myself, and I said to the young fellow that took them out of the house, I will secure you; and he ran up a place called Bradshaw's-rents, belonging to Mr. Meux's Brewhouse, and I got hold of him, and the prisoner came up after me and said he would see me damned first, and struck me on the face; I brought him out of Bradshaw's-rents again into Portpool-lane, and I desired some of Mr. Meux's servants to take care of him; one of them said he would, and I delivered him into their custody, and they let him go, while I went to see for a constable, when I came back I asked where they were both gone? they said, the young lad was gone, and the prisoner at the bar was sitting in the public house; I found the prisoner at the public house in Portpool-lane, and took him there myself, and told him he must come along with me; says he, come along with you, what am I to come along with you for? says I, come along with me and you shall know, and we went to Hatton-garden, and got an officer, and he took him into custody, and he was taken to the office in Hatton-garden, and from thence to New Prison. Prisoner. I want to know whether I was nigh his house, within fourteen or fifteen yards, when this matter happened? - Yes, he held the meat basket within the door, and received it from his accomplice. Prisoner. This gentleman, when he came to me, he said, you know something of this young man, and he kicked me on the shin; and when the young fellow was gone, the brewhouse servants said, why did not you go away? the young fellow has gone; no, says I, I shall not, I shall go in where I came out of; and I went into the public house where he took me. GEORGE LONGDALE sworn. I know nothing further than I was sent for as an officer, to take charge of the prisoner. I have got the things, they were delivered to me by the prosecutor. Prosecutor. They are my things. Prisoner. I went to Kinghtsbridge, to the Swan, after a place of eleven shillings a week, and it was gone; I stopped there and watched a coach for six-pence. I came down Holborn, the nearest way to go to Clerkenwell-green; I goes into this public house, and had two pints of ale, I came out, and there were several brewhouse servants, and several drays, and I was talking along with them, and there came by a strange person that left a basket at my feet, and I took the basket up, and this prosecutor said that a lad had stole something out of his shop, and I gave him the things, and I went into the public house where I had before sat down, and the gentleman came in and said, you must go along with me, and I went along with him directly; he asked me where an officer lived? I told him of one Mr. Bridgeman, who lived in Clerkenwellgreen, I told him I was willing to go any where; I told him I was innocent, and I did not want to make any resistance at all, or else I could have gone away with all the pleasure in life. I have got but few friends, and they live a great many miles off, at Liverpool, in Lancashire. GUILTY . (Aged 37.) Transported for seven years . Tried by the first Middlesex Jury before Mr. Justice ROOKE. 177. RICHARD WARREN was indicted for feloniously stealing, on the 20th of February , a wooden cask, value 2s. and five gallons of rasberry brandy, value 30s. the goods of Marmaduke Langdale and Thomas Langdale . HUGH MORRIS sworn. Q. You are servant to Messrs. Langdale? - Yes. Q. Do you knew their names? - Marmaduke Langdale . Q. Who is the other partner ? - No other that I know of. MARMADUKE LANGDALE sworn. Q. What is the firm of your house? - Marmaduke Langdale and Thomas Langdale , my brother. Q. To Morris. Were you sent out on the 20th of January, to deliver some goods? - Yes. Q. Do you know whether among these goods you had some rasberry brandy? - We had a five gallon cask. Q. How were the goods conveyed? - In a waggon. Q. What servant are you? - I go out with the cart; I do not drive the cart, two of us go together, I carry the orders and the bills of parcels. Q. Had you any rasberry brandy but that five gallon cask? - Not on that day. Q. Where was this five gallon cask to have been delivered? - In Wild-street, Lincoln's Inn-fields. Q. When did you first receive any notice of the loss? - Immediately after. Q. Where was you when you first received any intelligence of it? - At the house of Mr. Sharp, at the corner of Newtoners-lane, Drury-lane ; I had three pipes of gin to deliver there. Q. Do you know whether when you went into Mr. Sharp's, this gallon cask was in the waggon or not? - Yes, I am certain of it, and after I had been there; I observed it ten minutes after I had delivered the three pipes of gin out to Mr. Sharp's. Q. When did you receive intelligence of any thing being lost? - I am certain it was not ten minutes after we had done delivering these goods of Mr. Sharp's; he generally gives us something to eat and drink, and we had just sat down, I am sure not ten minutes, and Mr. Hubbard, the baker, came in, informing us that a man, the prisoner, was taking the cask from the waggon, and that he gave it to another. Q. Did you go there to the waggon and see what was missing? - Immediately I went to the waggon and found this cask missing. Q. Was it the cask containing the rasberry brandy? - Yes, five gallons of rasberry brandy. Q. When you received the information, what did you do? - We ran, but he was gone, we could not see any thing of him. Q. Whereabouts was the value of this five gallons? - About thirty-five shillings. JAMES HUBBARD sworn. Q. You are a baker? - I am, No. 176, Drury lane. Q. How far is that from Mr. Sharp's? - The adjoining house, the very next door. Q. Do you know the prisoner at the bar? - Perfectly well; I have known him seven years, as to his person, and character likewise. Q. Do you remember the circumstance of Mr. Langdale's cart or waggon, being at Mr. Sharp's house? - I do, very well. Q. Tell us what you observed then? - I observed nothing with respect to the prisoner till I see him on the front wheel of the waggon; I see him take out a cask of some kind of liquor, as I might suppose, by the manner in which he lifted it out, it appeared so to me. Q. What did he do with it when he had taken it out? - He gave it to a person that was standing by. Q. Did you know that person? - I did not. Q. In what position were you to see this? - I stood on the top of my counter placing the heard about my shop; I was much about level with the prisoner. Q. What became of him? - The prisoner went down Drury lane. Q. Did you see where the man went to whom he delivered the cask? - I did not. Immediately after I saw the man on the wheel, I had a mistrust whether it might be a thief, or the men might have employed those persons to take the cask out. Q. Had you any doubt that he was the man that took it? - Not the least in the world. I went to the door to see where it went to; I mentioned before I was not certain whether it was a thief; I, therefore, to satisfy my mind, went as far as the end of the lane, to see whether the man that had the liquor went past Mr. Sharp's back door, which he did; I was then perfectly satisfied that it was a thief; I then went and told Mr. Sharp's people at the bar, that the man belonging to Mr. Langdale's waggon had lost something out of the waggon. Q. What became of the prisoner? - They ran down Drury-lane, I did not pursue them. Q. Have you the least doubt that he is the man? - None in the least; I know the man perfectly for seven years past. Court to Morris. Was any thing else missing from your waggon besides the cask of brandy? - Not at that time, we missed another when we went a little further on. Q. At the time that you examined this waggon, and when you had an information that something was stole. Are you sure that two were not taken at that time? - I am not sure; I did not see this taken. Q. Was one missing, or more than one when you was at Sharp's door? - We only missed one then. Q. But then very likely the other was taken? - It may be so. There were two casks missed in all, both rasberry, both of the same size, within something under a gallon of the same contents. Q. What day of the week was this? - Friday, the 20th of February, about a quarter before twelve. WILLIAM IRONMONGER sworn. I am one of the directors of the patrol. In consequence of information, on Friday, the 20th of February, I and Manning we went to a very infamous house in Parker's-lane, kept by Mapleback, know by the sign of the Bleeding Hart. Q. Did you find the prisoner there? - We did; but there was a great deal of resistance among a set of thieves in the house; he jumped into a crowd of between twelve and fourteen, whom we knew to be thieves, and we were obliged to draw our hangers to secure him. Q. Did he take any part in this resistance? - No, only flying for shelter for the others to protect him. Q. What did he say? - He did not say any thing; but they all flew up directly, but I said, that the first that flew up I would cut his head off. Prisoner. When that man there came in, I was sitting by the box at the door, just as you go in, he pulled me right by the fire, and I stood there; and if you put that man there to his oath, he cannot deny that I made no resistance, and nobody got up to assist me. Witness. He attempted to make his escape. DENNIS MANNING sworn. Q. I believe you went with Ironmonger to this house of Mapleback's? - Yes, I was the first person that went in; he was in a little box, a man was between him and me, and I laid hold of him by the collar, and be endeavoured to get into a box, where there were twelve or fourteen, and we drew our cutlasses, he was very fractorious I assure you. Q. However at last you secared him? - Yes, and some of the people followed us into Parker's-lane afterwards. Court to Morris, Did you attend the cart the came that the rasberry brandy was put in it, till it got to Sharp's? - Yes, all the way. Prisoner. This man, he swore against me at Bow-street, that he saw me stand on the shafts of the waggon, little thought I was going to do any thing, it being in the day time, and he immediately sees me take this keg of liquor out of the cart, and give it to another person, and if he was to see the other person again, he should know him, and that he went out to his door, and saw this man gone away with the property, and he thought he went into some house with it, and he immediately see me run up Drury-lane another way, that he immediately went into the house of Mr. Sharp, to ask the people if they lost any thing. I hope, my lord, you don't think it feasible, if this man saw me take the property out of the cart in the day time, but he would have stopped me, or called out stop thief, as it being day time, he might have got assistance. GUILTY . (Aged 20.) Transported for seven years . Tried by the first Middlesex Jury before Mr. RECORDER. 178. THOMAS FORD was indicted for feloniously, stealing, on the 21st of February , twenty-nine pounds weight of raw silk, value 1l. the goods of John Henry Grellier and William Nicholls , privately in their shop . JOHN HENRY GRELLIER sworn. Q. Are you in partner with any body? - With William Nicholls . Q. What business do you carry on? - Fringe and trimming maker . Q. Were you robbed at any time, and when was it? - The 21st of January. Q. What day of the week? - I cannot exactly say to the day, about seven in the evening. Q. Where is your house? - No.18, Crown-street, Finsbury-square, Moorfields We had gone to tea about seven o'clock in the evening and there was nobody in the shop at the time, my partner and I were both at the back room; we had not been there above three minutes before my partner returned into the shop, and found the door on the swing, and see the property there and went out of doors, and some time considering what he should do, he again returned, and on seeing a person return immediately pursued him, and took the property on him. Q. Did you see the man brought into the shop? - I did; my partner brought him himself; I don't know any thing at all about it, my partner brought in the silk at the time he had it, I believe in his hands, I cannot exactly say. Q. Can you speak to that to be your silk? - Yes, I think I can. Q. It is raw silk? - Yes, it is; it was but a day or two before that that I bought the silk, and it happened to be very particular, it was damaged silk, and some of the skeins were cut; I suppose I had seen it not above an hour before. Q. What was done with the silk when brought back to your shop? - I don't know whether the man had the silk, or my partner had the silk, but we took him before the justice, but the silk has been kept at our house ever since, separate from any other property, my partner has it with him. WILLIAM NICHOLLS sworn. Q. What are you? - We are trimming makers. When I went out I observed the door just going on the jar, and I observed the back of somebody just going off the steps; on proceeding towards the door, I found two or three skeins of silk towards the steps, which I picked up and threw them into the shop, and then I walked up and down the door, and saw nobody at all for the space of ten minutes, in the course of that time I see the prisoner come and put his hand on the latch of the door, and coming in, and then I followed after him, and asked what business he had there? when he let go the door and returned into the street, then I followed him at some distance, and he turned down an alley, and went into a privy in the alley, a public privy where the property was hid; I found the property in his arms, coming out of the privy door, I took hold of part of the silk, and held his collar likewise, and a young woman opening a door facing, with a candle; he threw down the silk in the dirt, which I got the young woman to pick up, and go with me, which she did; I took the man to our shop. Q. Did you go with the young woman all the time? - Yes, it has been kept separate ever since, I have it with me. Q. What may be value of it? - I look on it about a guinea. Q. Would it sell for that? - It would. Q. It is a damaged silk? - It is, but there is a quantity of it, and silk is a dear article. Q. To whom does that silk belong? - It is our joint property; here is a mark on this paper, the public sale mark, which we observed at the time it was brought. Q. When had you last seen it? - I look upon it about an hour before the time it was stole. Q. You did not see the property at all till he was coming out of this place? - No, not till I see it in his arms. Prisoner. I picked it up in a necessary, at the back of a public house. Q. To Nicholls. Did you ever lose sight of him? - No, I did not, from the time that he left the door, till I took hold of him. GUILTY, Of stealing to the value of 4s.(Aged 20.) Judgment respited . Tried by the first Middlesex Jury before Mr. RECORDER. 179. LEWIS LAVENBURY was indicted for feloniously stealing, on the 18th of March , six pounds weight of lump sugar, value 5s. the goods of John, Joseph, and John Coope . An INTERPRETER sworn. JOHN COOPE sworn. Q. What may you be? - A sugar refiner . Q. What are your partners names? John, and Joseph Coope . Q. Where do you live? - Osborne-street, Whitechapel . Q. Did you lose any sugar at any time, and when? - I had frequently missed sugar from my sale room, which is behind the counting house. On the 18th of March I set one of my servants at four o'clock to watch who it was that stole the sugar. Q. What day of the week was the 18th of March? - On Wednesday; I set my servant to watch under the desk; he had not watched a quarter of an hour before he saw the prisoner; he let him go from the premises; there was an alarm of thieves made, and the jailor of the police office, Whitechapel, met the prisoner, and brought him back to our yard; his name is William Cross ; on his bringing him back we gave charge of him, and he was taken before the magistrate, and committed; the sugar was taken by William Cross to the magistrate, part of which sugar I swore to, as belonging to my partners and me. Q. When did you first see the sugar that he is supposed to have taken? - I see it first before the magistrate, in a bag. Q. Who has kept the sugar from that time to this? - William Cross . WILLIAM CROSS sworn. I am jailor of the police office, Whitechapel; as I was going down Whitechapel I heard from the opposite side, the cry of stop thief! I observed the person, the prisoner at the bar coming strait toward me, I came forward to him, and he came running to me, when he came nigh hand me, I held out my hand to take hold of him, but I missed him, and turned round and catched him by the tail; as soon as I stopped him I said, I was an officer; I told him to stop till Mr. Coope's servant came up, as soon as Mr. Coope's servant came up, he said he had been robbed; I said to Mr. Coope's servant, then you must go back with me to your master; he had the sugar in his hand; and I told him he must take the sugar back likewise; I took the prisoner back to Mr. Coope's, and asked Mr. Coope what he thought to do with him, and he asked me what I was? I told him, and told him if he chose to give me charge of him I would take it, and I told him what time to come to the police office; I have kept the same sugar ever since, sealed up by the magistrate. HENRY CALLCUTT sworn. I am one of Mr. Coope's servants, a sugar baker. I saw the prisoner come into Mr. Coope's counting house, on Wednesday, the 18th of March; he pulled the drawer out, and took the sugar out of the drawer. Q. Was the drawer locked? - No. Q. Where did he put it when he took it? - Into the bag. Q. What did you do with him? - I let him go out of the counting house, and then I told him to stop. Q. Did he go into the street? - No, into our yard, and then he ran into the street; then he dropped the bag or sack. Q. Who picked up the sack? - I picked up the sack. Q. Did you give it to Cross? - Yes. Q. Did you see the man stopped by Cross? - Yes. Q. Whose sugar was it? - My master's sugar. Prisoner. I drink nothing but tea. JOHN TAPLIN sworn. I am the constable belonging to Whitechapel; the prisoner was brought down to the office, and Mr. Cross not being a constable, he gave charge to me. Q. Mr. Cross has had the care of the sugar? - Yes, the one parcel; I searched him and found two samples on him, wrapped up in a bit of paper. Q. Where was he searched? - In a public house, near the office, that we use. Q. Have you got the sugar that you found on him? - Yes. Q. Where was it? - In his coat pocket. Callcult. I cannot speak to the sugar nor to the paper. Q. Was this man one of your work people, or a stranger? - He was a stranger. Q. He is a german, is not he? - Yes, he is a german, but I never see him before. Cospe. On these two papers the samples is my hand writing. Q. Where did you leave that paper? - In the counting house. Q. You knew nothing about this man before? - I never see him before the jailor brought him back into the yard. Q. Can you swear to the sugar? - I can swear to one of the samples, and to the hand writing on both of the papers, and that in the great bag, I had put in some of it that morning, I believe it to be mine, I had that sort of sugar in the counting house. Prisoner. I drinks tea, I don't eat much. GUILTY . (Aged 35.) Transported for seven years . Tried by the second Middlesex Jury before Mr. RECORDER. 180. RICHARD WEAL and BARWICK MARSHALL were indicted for feloniously stealing, in the dwelling house of Susanna Weal , on the 30th of January , a red morocco pocket book, value 1l. 1s. two leather bags, value two thousand eight hundred louis dors, value 2730l. three hundred and fifty double louis dors, value 682l. 10s. a black shagreen case, value 10s. 6d. a diamond cross, value 73l. 10s. a pair of diamond ear rings, hung with drops, value 157l. 10s. eighteen diamond rings, value 735l. a rose diamond ring, value 42l. a hempen bag, value 2d ten half guineas; a diamond ring, value 84l. a diamond cross, value 73l. 10s. twenty one carratts of diamond, value 105l. eighteen carratts of rose diamonds, value 73l. 10s. four oval diamonds, value 31l. 10s. four carratts of yellow diamonds, value 8l. 8s. a ruby, value 2l. a gold snuff box, value 12l. 12s. a cross set with diamonds, value 73l. 10s. a gold pen, with a pencil belonging there to, value 2l. 2s. a diamond ring, value 84l. a pair of silver mounted spectacles and case, value 3l. a wooden box containing two razors and a strap, value 5s. two miniature pictures, value 5l. 5s. twenty fancy rings, value 105l. a bank note, value 100l. and a ditto, value 40l. the property of Colia De Lorme .(The case opened by Mr. Knapp.) An INTERPRETER sworn. COLIN DE LORME sworn. Q. How long have you been in this country, and when did you come? - Three years ago, the 4th of May, for the first time, from Germany. Q. When you came over to this country, at what time did you take lodgings? - At the Saracen's Head, Ludgate-street. Q. But when did you take the lodgings in Castle-street? - The 26th of January last. Q. At whose house? - The next door to the house where I was robbed. Q. What number was it? - No. 71, Castle-street . Q. Did you take any property with you to the lodgings? - Every thing that I had. Q. In what was it conveyed? - In my chest, a trunk which I had made by Mr. Merrinan, which cost me five guineas. Q. Did you take them to the lodgings? - Yes. Q. What apartment had you in that house? - A bed room and a front room, up one pair of stairs, the first floor. Q. What did you do with the property when you got it up stairs? - I put it in my bed chamber. Q. How lately had you seen your property in the chest before you lost it? - At half after four, and at half after six it was gone. Q. On what day? - The 30th of January. Q. Has any property that you lost that day been found? - Nothing else but a razor case. Q. Have you seen that razor case since? - They shewed it me at Bow-street. Q. Was the razor case in the trunk? - It was in a drawer in a chest that was in the bed room. Q. What furniture was there in the bed room? - A looking glass, a chest, my trunk, and chairs. Q. What was particularly contained in your trunk when you went to the lodgings; describe them particularly? - Three bags, which contained three thousand louis dors, double and single, a red morocco pocket book, two girdles,&c. Q. Do you know of your own knowledge to whom this house belonged? - My landlady was Mrs. Weal. Q. Who did you take the lodgings of? - Mrs. Matill. MARY ANN MATILL sworn. Q. Do you know Mr. De Lorme, the prosecutor? - Yes, I do. Q. Did he come to you at any time? - I knew him these two years, coming to my house, he called on me a little after Christmas, he saw the bil in the window of Mrs. Weal's house. Q. In consequence of that did you take any lodgings for Mr. De Lorme? - I have kept the parlour these two years and the first floor, I let out the first floor to Mr. De Lorme. Q. Do you remember at the time that he came to take possession of these lodgings, his having any property with him? - Yes. Q. How do you mean that you let it? - The furniture was my own. Q. Where did Mrs. Weal live? - She lived in the same house, she occupied down stairs, the kitchen. Q. Do you know of any property that the prosecutor brought to his lodgings? - He brought a trunk at eight o'clock, on Monday, the 26th of January, and he came up stairs, and he put it into the dining room, and he opened a trunk, and he took out a great coat, and he took out a bag, and said, I have got plenty of property. Q. Did you ever see the property? - Never. Mr. Garrow. Did you know him when he came over to England before? - No. Q. Did he keep a good deal of company with his countrymen? - I never knew but one gentleman. Q. All that you know with respect to his property was, that he opened it to shew you that he had plenty of property? - He said, it is my property. Q. How many different persons might lodge in the house at that time? - There was an old lady lived in the two pair of stairs room, and there was a shoe-maker with his wife and three children; I have a parlour there, but I never occupied it, I only have funiture there. ISABELLA HAWLEY sworn. Q. Were you a servant to Mrs. Morgan in January last? - Yes. Q. Where does Mrs. Morgan live? - In Castle-street, Oxford-market. Q. Do you know the prisoners? - Yes. Q. Do you remember seeing them at any time in January last? - Yes, Friday evening between five and six o'clock, I do not recollect the day of the month. Q. Was it soon after Christmas? - No. Q. How long was it after or before the robbery was committed? - I heard of the robbery the same evening. Q. You say you saw the prisoners. Where did you see them? - At No. 6, Cumberland-court, Tottenham-street, Tottenham-court road. Q. Was there any body else with them? - There were two came in together, Marshall's brother was there before, and Nash's wife. Q. What is her name? - Elizabeth Hunter, it was Nash's house. Q. What did you see? - John Marshall sat and drank a cup of tea, and soon after Barwick Marshall and Weal, the two prisoners, came in about half after five; Henry Nash came in, he staid and drank a cup of tea, and after drinking the tea they went out into the bed room, and they all four went out together (only Nash went into the bed room, which is the adjoining room) in the mean while they went out, she asked me to fetch her a pail of water, and I went and met Barney Marshall in the court, and he said who is that? and I said, it is me, and he said, d-mn it, take care, here is the man with the property. Q. Do you mean Barney Marshall , either of the prisoners? - Yes. Q. Who was with Barney Marshall at this time? - He was running first. Q. Who was behind? - John Marshall and Nash, with the trunk. Q. Did you immediately see him? - Yes. Q. Now you see John Marshall and Nash, which of them had the trunk? - Both of them, each carrying it by the handles. Q. Was it light enough for you to observe the trunk? - Yes, it was a light evening. Q. Had you a sufficient opportunity of seeing that trunk by the light of the evening, so as to know that trunk again if you was to see it? - Yes. Q. What did they do with this trunk? - They went into No. 6, Barny Marshall went in first, and Nash and John Marshall with the trunk followed. Q. Did you go in directly into No. 6, after them? - I went down for the pail of water; when I returned I went down to the kitchen, and I heard a great noise over my head, as if they were breaking something; they went to the parlour even with the street door. Q. After you heard this knocking, what did you observe next? - In a few minutes the two Marshalls and Nash went out. Q. Did you observe any thing, particular after their going out? - Yes, Mrs. Hunter called me up stairs, and gave me two razors and a little box, and a strap, and told me to throw them down the necessary. Q. Into what room did you go? - Into the parlour. Q. Was that the same room that the two Marshalls and Nash had gone into? - Yes. Q. What sort of a box was it? - The little box that holds the razors. Q. Did you throw them down the necessary? - Yes. Q. Have you ever seen the razor case and the box, and razors since? - Yes. Q. Is that the same razor case and the box and the razors that you threw down? - Yes. Q. Did you see any other property? - I see a great number of papers burning, and a red morocco pocket book in her hand. Q. What became of the red morocco pocket book? - She took it out in her hand, and went out of doors with it. Q. Did you observe any thing more about the room? - She told me to look about the room to see if I could see any nails; I picked up some brass headed nails. Q. You told us just now that you should know the trunk again if you was to see it. Had that trunk brass headed nails to it? - Yes it had. Q. Is that all that you observed in that room? - Yes. Q. Did you go out soon afterwards? - Yes, after she went out with the pocket book; in the mean time Richard Weal came into the room, and he asked me if Harry was at home? and I said, no. Q. Who did you suppose he meant by Harry? - Harry Nash , and he told me to tell him, that he should see him as tomorrow morning; and after Hunter came in, and in a few minutes after Nash and Barney Marshall came in, and on their going out she asked me to go out with her to take a walk, which I did. Q. Did you go to Cattle-street? - We did. Q. While the two men were in the house after Mrs. Hunter had gone out, had these two men, Barney Marshall and Nash any conversation? - Yes, they went into the bedroom. Q. Did you hear what that conversation was? - No, I did not. Q. Then you went to Castle-street? - Yes, I crossed at Weal's door, and asked what was the matter? and I heard of the robbery. Q. How soon afterwards did you give any information of this robbery? - I told it to a young woman the next morning, Mary Baxer . Q. She is not here, I believe? - No. Q. How soon afterwards did you go before a justice? - Saturday week. Mr. Garrow On Saturday week you went to Bow-street? - I was took there. Q. O dear! that is quite another thing. Look across, let those gentlemen hear you. Then from the time till you was taken, except to Mrs. Baxter, you never spoke about it to nobody? - No. Q. You was taken into custody? - Yes. Q. How long were you in close confinement before you told this story? - On Sunday. Q. From Saturday till what time on Sunday? - Sunday evening. Q. Locked up by yourself? - No, I was at Mr. Levy's house. Q. What that gentleman that is the interpreter here to day? - Yes. Q. O dear! who was in company with you in Mr. Levy's house? - There was nobody but his family in the house. Q. A good deal of conversation between you and Mr. Levy in the course of the Sunday, before you told this story? - No, no conversation at all. Q. Who was you taken before at Bow-street, Mr. Addington? - No. Q. Who then, one of the magistrates? - I believe it was. Q. Then you was taken to Mr. Levy's house? - Yes. Q. Pray what reward was offered for the discovery of this property? - I was offered no reward at all. Q. That is your answer? - Yes. Q. Will you have the goodness to tell what reward was offered for any body who could gave information on the subject? - I don't know what reward was offered. Q. Just that we may be sure we understand one another; do you mean that you never heard that there was a reward offered? - Yes, I heard that there was a reward offered in bills. Q. Posted up in every corner of the town - I did not see them. Q. What reward was offered? - I don't know. Q. Do you mean to tell those gentlemen you don't know what reward was offered? - I do not. Q. Then you do not, to this time, know what reward was offered? - I do not know particularly. Q. Without knowing it particularly, perhaps you could help us to a guess of the amount of it? - No, I don't know. Q. You have not the least idea of what reward was offered, not now at this time? - I have not seen any reward, no further than I heard people say. Q. What was it you heard people say was the reward offered? - I never took any particular notice of it. Q. Was it a large reward or a small reward? - I don't know what particular reward it was. Q. What did the people tell you the reward offered was? - I have not been out of doors to hear. Q. Who was the person that did tell you the reward that was offered? - I don't know, I was not told in particular, I only heard it talked about. Q. Was it a thousand guineas? - I don't know. Q. Have you not heard that there was a thousand pounds offered for information on this subject, stuck up in every alley and court in this town? we all see it ourselves. Upon your oath had you not heard that there was a reward of a thousad pounds offered? - Yes. Q. You are the same Mrs. Hawley that has been giving me an account all this time. Pray, Mrs. Hawley, what way of life are you in? - Always been a servant. Q. Been regularly in place without any interruption, and in reputable families? - Yes, I have always been in places ever since I have been from home. Q. How long have you lived with Mrs. Hunter? - I did not live with Mrs. Hunter at all. Q. Who were you a servant to at the time this transaction took place? - I was out of place. Q. How long had you been out of place? - About a fortnight or three weeks. Q. You was a lodger of Mrs. Hunter's perhaps? - No, I called there to drink tea, I lodge in Adam's-street. Q. What at Mr. Abbott's? - No, there was such a person lodged there. Q. What business is Mr. Abbott? What was his christian name? - James Abbott . Q. You don't know where he is now? - No. Q. When were you last in gaol with him? - I never was in gaol with him, nor ever see a gaol till this time. Q. You never was in custody on no business with him? - No. Q. You remember the circumstance of the great fire at Knightsbridge? - No, I do not remember that. Q. Did you know Mr. Abbott about that? - No, I did not. Q. Who did you live with before you was out of place at that time? - With Mrs. Morgan, in Castle-street. Q. How long did you live with Mrs. Morgan? - I lived with her twice. Q. What business is she in? - In no business. Q. You observed you was invited by Mrs. Hunter to take a walk with her, Was it part of your business with Mrs. Morgan, to take a walk with her in an evening? - No. Q. What way of business was Mrs. Morgan in? - I don't know. Q. How long did you live with her? - The last time I lived with her was about three or four months. Q. How long before? - I cannot say exactly; it may be about the same time. Q. Was she a married woman? - Yes. Q. Then perhaps you can tell what her husband is? - No, I cannot. Q. Did her husband live with her? - No, he did not. Q. She is a decent regular woman, for any thing you know? - Yes. Q. And Mr. Abbott lodged in the same house? - No, he lodged in Cumberland-court, at Elizabeth Hunter 's. Q. It was more accident that you lodged in that house? - I never lodged in that house. Q. You have never gone by any other name than Elizabeth Hawley ? - Never in my life. ELIZABETH MARSHALL sworn. Q. You are sister to Richard Weal , I believe? - Yes. Q. What relation to Marshall? - Sister-in-law to both the Marshalls. Q. Where do you live? - 71, Castle-street. Q. That is the house where this robbery was committed - Yes. Q. Tell us what you know about this business? - I know nothing at all about it. Q. You have been examined at Bow-street? - Yes. Q. And your examination taken down in writing? - I don't know, I was not sensible at the time. Q. Then you are not sensible that you put your name to an examination? - No, I was not sensible. Q. Be kind enough to be a little attentive, You say you was at Bow-street, but you was insensible at the time you was examined there? - I was not sensible owing to the severity of my punishment during my confinement. Court. Can you read? - Yes. Q. Put the examination into her hands; Look at that. Did you sign that? - I believe I did; I never had the paper in my hand that I signed. Mr. Knapp. Do you mean to swear that you never had the paper in your hand that you signed? - Yes, I will. Q. Was it read over to you? - Yes; the gentleman read something over to me. Q. Did you sign that that was read over to you? - Yes, but I cannot say what it contained now. Q. Do you mean to swear that you signed that, that you did not know what it contained? Were you sworn? - Yes, I believe I was. Q. Don't you know that you was sworn? - Yes, I was sworn. Q. Now, you know Weal and Marshall, the two prisoners at the bar? - Yes. Q. Now, on the night that the robbery was committed. You heard what time the robbery was committed? - I heard the gentlemen say. Q. Did you see these prisoners together that night? - No, I did not see them together that night. Q. Upon your oath, you never saw them together that night? - I did not. Q. I ask you whether you saw the two prisoners together on the night of the robbery, to which you answered that you did not? - Not to my recollection I did not. Court. These persons are persons that you are well acquainted with. Does that bring it back to you recollection whether you see him on the night the robbery was committed? - I do not recollect that I did see him. Q. Do you remember seeing them together on Wednesday, the 28th of January? - Yes, I believe I did. Q. Do you remember at that time any conversation passing between the prisoners at the bar? - I do not remember any conversation passing. Q. There was no conversation passed respecting the gentleman above stairs? - Not with them that I heard. Q. Then you do not recollect any conversation respecting De Lorme taking place between the prisoners at the bar? - I do not. Q. That you mean positively to swear? - I do. Q. Do you remember being in company with them at any one time when any conversation respecting this business took place? - I never heard any conversation respecting this business. -MILLER sworn. Q. You are one of the officers of Bow-street? - Yes. Q. You produce a trunk here? - Yes, I brought it from Bow-street, where it has been for some time. Q. Do you know when it came to Bow-street first? - It was some time in February last. Q. Were you present when it was brought? - I was not. De Lorme. My name is on it; I am very sure it is my property. Mr. Garrow. What is on the trunk? - Collin. Q. When did you first use the name of De Lorme for the first time? - Always; it is my own name. Q. To Hawley. Look at that trunk; Is that the trunk that you observed John Marshall and Nash carrying? - Yes, it is. Mr. Garrow. Have you received any money of any body about this business? - Never. Q. You are quite certain? - Yes. Q. You never received half a guinea? - I had half a guinea of Mr. Levy, to pay for my washing while I was in prison. Q. Was Mr. De Lorme present at the times it was given to you? - Yes. Q. When was it? - The last Friday of all. Mr. Knapp to Miller. Did you go in consequence of any desire from the magistrate and find any thing? - In consequence of information that Hawley gave, we went to a house in Cumberland court, Tottenham-street, to Mrs. Hunter's house, and had the privy searched, and in the privy was this box of razors, this strap, and a pair of small curling irons were taken out. De Lorme. It is mime; I have had it three or four years. Q. To Hawley. That is the one that you received of Mrs. Hunter, and threw down the privy? - Yes, it is. WILLIAM DAVY sworn. Q. I believe you are one of the clerks at Bow-street? - Yes. Q. You were present at the examination of the prisoner? - I was. Q. Do you remember any letter being received by Mr. Addington, directed to him? - I have the letter in my hand. Q. Who did it pasport to be signed by? Do you know the hand writing? - I do not. Both Not GUILTY . Tried by the second Middlesex Jury before Lord KENYON. 181. ELIZABETH MOORHEAD was indicted for feloniously stealing, on the 17th of February , three pint pewter pots value 3s. the goods of George Anstey . GEORGE ANSTEY sworn. I keep the Duke of Cumberland's Arms, Cumberland-street . On the 17th of February last. about three o'clock in the afternoon, a servant that lived a few doors from my house came running in, and said- Q. What is the person's name? - Martha Davis . On the information that was given I ran out; the prisoner took the pots away a few doors from my house, they hung on the rails. MICHAEL CLARKE sworn. Q. How old are you? - Fourteen. Q. Where do you live? - I did live with Mr. Anstey. Q. What do you know about any pewter pint pot of his? - I know the maid that lived at No. 21. Q. What day was it? - The 17th of February; I called for the pots No. 21, Bryanston-street, I knocked two or three times, and the lady did not bring them out, and so I did not wait; I came home, and in a little while after I had been home, the lady came in, and said, there was a woman that had three of our pots. Q. Who was the woman? - Martha Davis . I ran out to see for the woman, and presently I see her, just coming round the corner of Cumberland street, it was just going round the corner of Seymour-street, and then I asked her if she had not three of our pint pots? she answered me no; and then I said she had got three of our pots, and I would have them; and then she set them down. Q. How many did she set down? - Three pint pots; she had them under her gown that came over her head, and then I picked up the pots, and took hold of her till my master came, and then I let go of her hand, and master took hold of her and the constable came, and she was taken to my master's house. Q. Where she took these pots from you don't know yourself? - Yes, she took them from No. 21, because the maid came in and said so. Q. What were done with the pots? - They were delivered to my master. MARTHA DAVIS sworn. Q. What do you know about taking these pots? - I heard the pots going off the rails. They were delivered out, I put them on the rails myself; I live at No. 21, Bryanston-street. Q. Had they been brought to your house from Mr. Anstey's? - Yes, one was brought the over night, the other two that day. Q. The boy has told us that he stood at the door for the pots, and could make nobody hear? - I was busy scouring the room, and I put them out afterwards, expecting the boy to come again and take them; I put them on the rails, on the outside of the house, about three o'clock. Q. Did you see any body take these pots? - I heard the pots go off the rails, and seeing this good woman pass, I looked through the window, and see her pass from the door over the way, I did not see her take the pots. Q. But the noise of the pewter made you look out? - Yes. I went over to the public house, and told them that the woman had got the pots. Q. How far is the public house off? - About five or six doors off. The boy and master pursued her directly, and she put the pots down in sight of me. Q. To Prosecutor. We understand that you followed your boy out in consequence of the information by Mrs. Davis? - Yes; when I came to the boy he had got the pots in his hand, and he had stopped the woman; I asked her what she was going to do with these pots, and she could not make any answer not directly but presently she begs that I would forgive her; she said she was a very poor woman, and I took the pots and marked them, and took the woman into my own house, and from there to the office, and she was committed. Q. Have you got the pots here? - Yes. Q. You have had them in your possession ever since? - Yes. Q. Look at them, do you know them to be your pots? - These are my pots, I put my mark on them immediately, my name is on one, and the other person's name that I succeeded is on the other two. Prisoner. I had been sick a long while, and had not a friend in the world, and I was going through the street, and it was a very cold day, and I missed my way, and a boy came running after me, and said, what are you going to do with these three pint pots? I said, go along boy, I have no pots; and he had three pint pots in his hand; and so they took me away into the house, I have not a friend in the world, I leave it to the good God above and the gentlemen of the court. I never was guilty of it in my life; I am a foreigner, my husband is dead, he served the King many years. GUILTY . (Aged 50.) Fined One Shilling . Tried by the second Middlesex Jury before Mr. Baron THOMPSON. 182. HANNAH RICHARDS was indicted for feloniously stealing, on the 6th of April , five pair of leather boot legs, value 8s. the goods of John Dutton . JOHN DUTTON sworn. Q. Where do you live? - In the Strand , a boot-maker . Q. What do you know against the prisoner, Hannah Richards ? - The currier, the man who I bought these legs of, came with another man, to give me to understand that the boot legs were offered to sell. Q. Are either of these men here in court? - I don't know that they are. Q. Had you lost any leather boot legs? - Yes, I lost some at different times, but a person in custody acknowledged that she took them on the 6th of this month. Q. You know the prisoner? - Yes. Q. When was it you charged her with taking them? - When they informed me that these legs were my property, I inquired how they came by them; in consequence of that I found they had been sold by one Whitacre, who is now in court, to one Mr. Knowlys. THOMAS WHITACRE sworn. Q. Do you know any things of Hannah Richards? - Yes. Q. Do you know any thing of her having any boot legs? - She had five pair the last Easter Tuesday, I think it was; she asked me to sell them for her; I carried three pair to Mr. Knowlys's shop, and he gave me thirteen shillings for them. Q. What are you? - A shoe-maker. Q. So the prisoner brought these to you, and asked you to sell them for her? - Yes, and I gave her the money. Q. Did you know any thing of the prisoner before? - Yes, seeing her about the neighbourhood. Q. Do you know how she came by them? - No, I never had the presence of mind to ask her that question; and I went the next day to Mr. Shipwell's with two pair more, and he stopped the property, thinking they were stole, and the next day I heard they were Mr. Dutton's, and I went to Mr. Dutton's and told them who I had them of. Q. How do you excuse yourself for taking these boot legs from this woman? - She asked me to do such a favour for her, and I did it without a thought. Q. To Dutton. What are these three pair of boot legs worth? - I gave five shillings and sixpence a pair, and paid ready money. Q. Is it possible for a shoe-maker to mistake the value, and go and sell them for thirteen shillings to another person? - He ought to know the value of them. Q. Do you know them to be your own? - I do; she acknowledged taking them; I had not missed the legs before she came in and made a low curtsey; and I said, what is the matter? what do you want? she said, I have taken the legs, and I sent for a constable immediately. Prisoner. I have nothing to say, I leave it to the mercy of the court. GUILTY . (Aged 49.) Imprisoned six month in the house of Correction , and fined 1s , Tried by the second Middlesex Jury before Mr. Justice ROOKE. 182. SUSANNA GARDINER was indicted for feloniously stealing, on the 21st of February , a cotton counterpane, value 1l. and a pair of silver shoe buckles, value 10s. the goods of Edward May , Esq . JAMES STURGES sworn. I live with Mr. May, No. 25, Baker-street, Portman-square . Q. Are you a domestic of his? - I am. Q. Did Mr. May at any time lose a cotton counterpane and a pair of silver shoe buckles? - Yes, he did, some time in February, out of the housekeeper's room; I see the shoe buckles in the room on the 19th of February, and 20th, or 21st. Q. Did you miss the counterpane at the same time? - No, I did not. Q. When did you miss them? - On the 23d of February. Q. That was two days after you see them? - Yes. Q. You are his valet? - No, I am his butler. Q. Do you know what became of them of your own knowledge? - They were missing, and inquiry was made for them in that room, and they were not to be found, then Susanna Gardiner was taken up on suspicion, she was housekeeper . Q. Was any search made after she was taken? - Yes, she was taken up to the watch-house that night, and to Marlborough-street the next day, to be examined, and there were several articles found about her. Q. In consequence of any information, was any tidings had of these buckles? - The officer went to look for them, and found them. Q. That was in consequence of finding the duplicates? - Yes. Q. Where was inquiry made? - The officer went to her lodgings. Q. Were you with him? - No. Q. Are the buckles here? - Yes. Q. How long had she been housekeeper? - One month. WILLIAM BAKER sworn. I am a journeyman to James Mulcaster , pawnbroker, in Chamber-street, Grosvenor-square. On the 13th of February the prisoner at the bar, Susanna Gardiner , pledged the counterpane with me for seven shilling and sixpence, and on the 21st of February she pledged the buckles with me for ten shillings and sixpence, she said she pledged them for one Mrs. Peckham. Q. Did you know her? - Yes. Q. Had she frequently dealt with you? - Yes, she had been two or three times since I have been with Mr. Mulcaster, but I knew her before, in Tottenham-court-road, when I was with Mr. Harrison. Q. Have you got the buckles? - Yes. Sturges. I am sure they are Mr. May's, he has had them this twelve month. RICHARD BULLOCK sworn. I am clerk to Mr. Gill, the upholsterer, in Oxford-road; in consequence of Mr. May being robbed, and having had a variety of upholstery goods from our house, I went to see the counterpane, to see if I should know it again, as far as I know, it agrees with the size and pattern. Prisoner. When I went to live with Mr. May I was very short of money, I had been ill for three months, and they never advanced me a farthing of money to pay my own weekly bills, nor the buttler's, and I pawned my own things to advance the money for to pay the bills that came in. Sturges. To the best of my knowledge she never paid a shilling for any bills, during the time she was in the house, she ran up bills at the public house in my master's name. GUILTY . (Aged 52.) Imprisoned twelve months in the House of Correction and fined 1s. Tried by the second Middlesex Jury before Lord KENYON. 184. GEORGE WILSON was indicted for feloniously stealing, on the 11th of September , a gelding, price 2l. 2s. the goods of John Cart . JOHN CART sworn. Q. Where do you live? - In Islington . Q. Did you lose a gelding at any time? - Yes. Q. When was it? - I cannot tell you justly but if you will give me leave, I will tell you the short of the story. The man that brought the horse. Q. Where was the horse? - I turned him into the field about five o'clock in the afternoon. Q. Of what day? - I cannot justly say, but I believe it was on a Thursday. Q. What month? - I cannot say. Q. How long ago? - I cannot say; I am no scholar. Q. Was it a month or two months ago? - Nigh half a year ago. Was it in the month of September? - I cannot say, for I did not take any notice. Q. Do you know when you missed it? - I missed it the next morning. Q. Was it in the last year? - Yes. Q. Was it before or after harvest? - I am not sure whether it was not after Michaelmas. It was in grass time, the time we turn them to grass. Q. What time is that? - It may be almost Christmas. The next morning I sent my man for him, and he was gone; I found him in about three days afterwards, in the Black Horse inn, in Blackfriars-road, I don't know the landlord's name; we have no witnesses here at all. Q. Who is Joseph Centre ? - He is run from his place, having done what he should not. Q. Is Joseph Chalk here? - No, he is cast for death, at Kennington. WILLIAM WALE sworn. I am an officer belonging to the police office in the Borough; I know nothing of the horse being stole; I apprehended the man. Not GUILTY . Tried by the second Middlesex Jury before Mr. Baron THOMPSON . 185. JOHN LEONARD and JOHN BURKE were indicted for feloniously stealing, on the 4th of March , a wooden boat, value 1l. the goods of Isaac Woodford . ISAAC WOODFORD sworn. I stowed my boat, on the 3d of March, and thought it was safe at the New Crane, in the parish of Shadwell . Q. When did you miss her? - The next morning, when I went to my labour. Q. What are you? - An ancient Trinity waterman . Q. When did you see her again? - The next morning, the 4th, I found her high and dry, at New Crane Stairs, along side with one James Rule 's boat; I cannot tell who took her away, I left her locked with a chain through the ring of the barge, and the skulls locked in her. Q. Now, when you see her laying high and dry, was there any alteration in the appearance? - Only the blades of the skulls broke off; how it came I don't know. JOHN JEFFRIES sworn. I catched the prisoners in the boat as near to twelve o'clock at night as I could tell, them two were in one boat, and three or four more, the best part of them were men, but the biggest here fell overboard, and in saving of him we lost therest. Q. Did you say any thing to them? - No, I did not say any thing particularly, I took them on shore directly to the watch-house. Court to Mr. Kirby. Ask them if they are willing to go to sea, before we go any further in this business - Yes, they are both willing. Not GUILTY . Tried by the second Middlesex Jury before Mr. Justice ROOKE. 186. JOHN PERCIVAL was indicted for stealing, on the 29th of March , a live tame cock, value 1s. 6d. the goods of William Gelding . WILLIAM GELDING sworn. I live in Rodney-street, Pentonville . On the 29th of March, Palm Sunday, I came down stairs, about seven o'clock in the morning, I missed five hens, a cock, and a black bird, and in about an hour after the watch came to inquire if any body had lost any poultry; he came to my house, and I told him I had, and I described to him what I had lost; in consequence of that information I went up to the watch-house, but I could not see my poultry; they told me they had a man and woman in custody; I see the hens at the justice's, and the cock; the hens were all killed. Q. What is the justic's name? - I think it is the mayor, but Alderman Clark was there besides. Q. Was the cock that you see there your's? - Yes, I am sure of it. JOHN SANDERS sworn. I am a watchman at Pentonville. It was Palm Sunday, I was crying half past four in the morning, this here good woman, Mrs. Percival, was coming down- Q. Did you see the prisoner at the bar? - yes, I see him along the road. Q. Had he any thing with him? - It was the woman that I see, I did not see the man at all. Q. Do you know any thing of the man? - No, I did not see him. Q. Was there any body with the woman? - No, nobody. Q. You did not see Percival himself? - No; the woman was alone when I see her, I am sure of it. DAVID POWERS sworn. I am a watchman of Pentonville. Q. Did you see any thing of the prisoner at the bar in the morning of Palm Sunday? - No, it was that gentleman's wife that I see. Q. Did you see him on that morning? - No, because he was taken by the other man. -MACARTHY sworn. Q. You are a watchman in Pentonville? - Yes. Q. Did you see the man at the bar, John Percival , there? - Yes, I see him there. Q. What morning was it? - Sunday morning, about four o'clock in the morning. Q. Where did you see him? - At Battlebridge. Q. Who was with him? - No one but himself. Q. His wife was not with him? - No. Q. Did you find any thing on him? - No, I was one of the two that had him taken. Q. Why did you take him? - On suspicion. -OBERN sworn. I am houseman belonging to Pentonville watch-house. Q. Do you know the prisoner at the bar? - Yes. Q. Did you see him on Palm Sunday morning? - Not till he came into the watch-house, after he was taken, after the the inhabitants got up, we made inquiry who lost the fowls. Q. How came you to make inquiry of the fowls? - The fowls were brought in the time he was taken, five hens all killed, his wife was brought in before him. Q. Did you make any search at his lodgings for any thing? - After inquiry Mr. Gelding said that he lost five hens, a cock, and blackbird; with that we went down to his lodgings, and when we came up to his bed room,this cock hung up at the foot of his bed, in a bag; I said, I believe here is the cock, and I touched it with my stick, and it moved, and I said, it is the cock; and I said, now we shall find the black bird. Prosecutor. It is my cock; I had this cock made me a present by a relation of mine, and it has a cross bill. Q. Is it a game gock? - It is. Mr. Gurney. How do you know these lodgings were the prisoner's? - I know he lived there before, I see him there about a week before. Q. What time of the day was it you went there? - Some time between ten or eleven, I cannot exactly say. Q. What time was it the prisoner was brought to the watch-house? - I believe about half past four. Q. Did you find the lodgings open? - Both the front door and the back door was open. Q. You had not seen the prisoner at home that night? - No, I had not. MARY MILLER sworn. I live in Peter-street, Turnmill-street; I have know the prisoner about six years, he drives a jack ass in the street with eatables ; I never knew a fault in his character in my life. Not GUILTY . Tried by the second Middlesex Jury before Lord KENYON. 187. JANE PERCIVAL was indicted for feloniously stealing, on the 29th of March , five tame live hens, value 5s. the goods of William Gelding . WILLIAM GELDING sworn. Q. You live at Islington ? - I do. Q. The night preceding Palm Sunday, did you lose any fowls? - I lost five hens; I see them the day following at Hatton-garden. JAMES SANDERS sworn. Q. You are a watchman? - Yes. Q. Did you, on Palm Sunday, see the prisoner at the bar? - Yes, at half past four; I spoke to her and said, it was a very dark morning, it was very foggy; and her cloak was wrapped over her apron, and I thought it was an unnecessary time to have any this time in the morning, and I went and got assistance of Powers and Macarthy, and others. Q. When you got their assistance, what did you do? Did you follow her? - No. Q. Did you pursue he? - No, they did. DAVID POWERS sworn. Q. You are a watchman are you? - Yes. Q. On the morning of Palm Sunday was you called upon by Sanders, to assist him? - Yes. Q. Who was with you? - Macarthy. I ran where Sanders told me the woman made off towards; he told me the woman by her name; I overtook the woman and brought her back to the watch-house. Q. And when you came to the watch-house, did you search her? - Yes. Q. What did you find about her? - Nothing but the sign of feathers in her apron, small feathers. Q. Did you make any other search? - No other search. Q. Had you any conversation with her? - No, none in the least. -MACARTHY sworn. Q. Did you pursue the prisoner in company with David Powers? - Yes. Q. When you had apprehended the woman, did you find any thing about her? - I picked up the fowls in the same place where she was taken, large dead fowls, and carried them to the watch-house. Q. Where did you pick them up? - In Collyer-street, where she was apprehended. Q. How near to her person? - I cannot rightly tell that; about twenty yards or thereabouts. Q. Had you called out stop thief? - No, but the woman was secured by these men when I came down, and I accidently came down and found the fowls in the place. Q. Were the fowls warm or cold? - Quite warm. Q. Did you make any observations on her apron? - Yes, when I went to the watch-house, she was there before me. Q. What appearance was there in her apron? - There were some feathers in her apron. Q. How were the fowls killed? were their heads pulled off? - No, they were not. only their necks broke. Q. Did you see any body in the street at the time you apprehended her? - No, I did not. Mr. Gurney. It was a dark foggy morning? - It was. Q. How long was it after the woman was taken up, that you found these fowls in the road? - About five or six minutes, I believe. Q. Whereabouts were they laying? - In the same street where she was taken; I had seen her taken. Q. Did you see her at the very time that she was taken? - No; I did not. Q. Did you see Power stop her? - Yes, I see Powers taking of her. -OBERN sworn. Q. Do you know nothing of the five fowls? - Nothing till they came into the watch-house. Q. Were they produced to Mr. Gelding in the watch-house? - No, not till before the magistrate. Mr. Gurney. Did you keep them in your custody all the time? - Yes, all the time, locked up. MARY MILLER sworn. I have known the prisoner eighteen months, I never knew a misdemeanor in her character before in my life. GUILTY . (Aged 35.) Transported for seven years . Tried by the second Middlesex jury before Lord KENYON. 188. ANN TILLER was indicted for feloniously stealing, on the 21st of March , seven pounds weight of base metal, value 4s. the goods of Joseph Nutting ; and ELIZABETH HORNE for feloniously receiving the same goods, knowing them to be stolen . JOSEPH NUTTING sworn. I live in King-street, Covent-garden ; I am a metal button-maker ; I am in the habit of using a great quantity of metal, and I perceived that I lost a quantity, and this put me on my guard to find out which way this metal could have gone; I instructed two persons whom I was in the habit of buying metal of; I told them to take notice and make observation from that time, what should happen in their way, and one of them brought me word- Q. Did you, after this, miss any metal from your shop? - Yes, I did, on the 20th of March, one of the persons brought me an ingot of metal. Q. Had you missed any before he brought it to you? - I had missed several ingots, I knew it because I made some private marks on some of them. Q. You missed several ingots, how long before? - Six or eight, or ten days previous. Q. Who was the person that brought it to you? - His name is Faulkner. Q. How many ingots did he produce? - Only one, at that time he only brought one. I beg your lordship's pardon, the first ingot was received of Wild; that ingot I knew to be mine. Q. What weight was that ingot? - About fourteen pounds. That was one of the ingots that I had marked with a small punch, the counter part of which I keep at Goldsmiths Hall. Q. Had the prisoner Tiller any thing to do about your shop? - I employed her as a workwoman about my shop. Q. Did her husband work there? - He had worked there, but not at that time; very shortly before he had. Q. What do you with that ingot being brought to you by Mr. Wild? - I kept that ingot, and endeavoured to come at some other proof. Q. You did not apprehend the prisoner on that day? - No, not on that day; and the next day they, by appointment, were to go to the prisoner Horne. Q. Who do you mean by they? - By the witnesses; they were to go to buy some metal that she said she would have ready for them. The next day they brought me a piece of metal. Q. Had you any other ingot brought to you besides that brought by Wild? - Yes, on the 21st. Q. Who brought it? - Wild again. Q. Did you know that ingot which he produced? - I had marked that the evening preceding; I then apprehended Tiller and took her before the magistrate, who granted me a warrant for the prisoner Horne. Now, they both being in the presence of the magistrate, the magistrate asked them- Q. I suppose their examination was taken in writing? - Yes, it was. I swore to the metal, in consequence of which they were committed. Prisoner Tiller. I was not in the way when the metal was missed. Court to Prosecutor. Did she live with you at the time? - Yes. JOSEPH WILD sworn. I keep a toy shop, in Brick-lane near Whitechapel. Q. What do you know about any ingot of metal? - I bought one piece of the old lady at the bar, Mrs. Horne, the 21st of March. Q. When was the first time you took any ingot of Mr. Nutting? - I had that of one Jonathan Faulkner, on the 20th of March. Q. Was that the same day as you delivered it to Mr. Nutting? - Yes. Q. How had you it of him? - I asked Faulkner if this old lady bought this kind of metal; and he told me yes. Q. How came you to go to Faulkner? - I had heard that he had some metal of the old woman, he went along with me to recommend me to an old lady to buy some metal. Q. Did he go to her? - Yes. Q. Where did she live? - In Newtoner's-lane. Q. Has she a house there? - She had; when we came there she said she had a good deal of metal, but them that bought it must melt it down immediately as they had it; she said it was a woman that brought it, and it was brought from Covent Garden; when I went on the 20th, she told me that the metal was gone to Mr. Faulkner's, because she could not pay for the metal but when she was paid for it. Q. Had you bought the ingot of Faulkner before you went to Hone's? - No, she told me it was gone to Faulkner's. Q. But you said that Faulkner went with you to Mrs. Horne's, to recommend you to buy the metal? - That was before the 20th of March. Q. How long before? - Not many days. Q. What was said about this ingot that you bought at Jonathan Faulkner's? - I went to her dwelling after I bought the metal there. Q. What have to say to prove that this Elizabeth Horne ever had possession of this piece of metal that Faulkner sold you? - I cannot positively say that piece, but I have a piece in my pocket that I bought of her. Q. This was before you bought it of Faulkner? - It was when I had bought it of Faulkner I went back to her, and told her I had bought it of Faulkner; she said that she was very sorry that he had it, because she could have got a far thing a pound more; I gave Faulkner seven-pence a round for it, and he gave her sixpence three farthings for it. Q. Am I to understand you that this buying was all with that view to assist Mr. Nutting in his discovery? - Yes, all with that view. Q. Had you told Faulkner then about your suspicions that this was Mr. Nutting's metal? - Yes, he employed me on that business, for that purpose, and I bought it. Q. What did you do with it after you bought it? - I took it to Mr. Nutting, and Mr. Nutting had happened to have marked it, and he knew it. After I had bought it of Faulkner I went to Mrs. Horne, and asked her when she should have any more metal; and she said she should have some more in the evening. Q. What became of that ingot that you received on the 20th? - Mr. Nutting had it in his possession. JONATHAN FAULKNER sworn. Q. Where do you live? - In Newtoner's-street, Holborn. Q. What is your business? - An iron shop. Q. On the 20th of March had you any transaction with Joseph Wild, respecting an ingot of metal? - He employed me to buy a piece of metal for him, I only bought one piece, and Mrs. Horne brought an ingot to my shop, and she said that a man had been to her house and offered her a price for the metal; and, says she, I want money, shall I leave it with you, and you pay me the money, till the gentleman calls; you pay me sixpence halfpenny a pound; I was to buy it for Mr. Wild; I paid her the money in part, I paid her sixpence halfpenny a pound, and I was to give her a farthing a pound more when the man came and fetched it away. Q. What did he pay you? - He paid me seven-pence a pound for it. Q. Do you know any thing respecting Tiller? - Nothing at all. Both not GUILTY . Tried by the second Middlesex Jury before Mr. Baron THOMPSON. 189. ELIZABETH WILMOT was indicted for feloniously stealing, on the 19th of February , two guineas , the monies of Thomas Butler . THOMAS BUTLER sworn. Q. What have you to say against the prisoner at the bar? - I have to say as far as this; one night, the 19th of February, going down the Hay-market , about ten o'clock; I happened to be going to a place in the course of day or two after, as a servant , and had been to see my friends, and I don't know but I might be a little in liquor; and I met with this woman at the bar, I had a little conversation with her, and she gave me encouragement of coming with her to her private lodgings, in James's-street, to which through persuasion I went; and there was a black girl with us, who is a witness; they took me into a private room, which I paid money for the room, which was one shilling, I paid the money, and the girl I gave her half a crown; I believe I had some connection with the prisoner at the bar, being a little in liquor, and I had a little purse in my waistcoat pocket, and when I went to give her the half crown out, I had two guineas in it, and I don't know whether I had any silver or not, that I will take my oath was in my pocket then; then I asked her if they would give me something to drink, and they took me to a public house adjoining; where the person was obliged to change the half crown to pay for the liquor; it was a particular piece of money, which my name was on it, and I wished to have the half crown again, and I offered to change the half crown, as my name was on it, and the prisoner at the bar said, that did not argusy, you shall not and I took out my purse from my waistcoat pocket, and I found one end of the purse open, and all the money gone out; and I was in no other company than this here woman, and that black girl. Q. How do you know that the money was in your purse before? - I know it by having it in my hand, and when I gave out the half crown. And I gave charge of them, and they were taken to the watch-house, and they were there all night. MARY HOLLWELL sworn. I believe it was Thursday night, this gentleman was going down the Hay-market, and the prisoner picked him up and took him into a house in James's street; and he went along with her, and gave her half a crown, he gave her the half crown to have connection, and she did not lay on the sopha, she sat across him some how, and the mean while she picked the purse out of this man's pocket, and took the two guineas out, and wanted to give them into my hand, and I would not take them, I thought it was a sin to take it from him, and he had made a bargain with her that he was to have some drink out of the half crown; and when he came to the public house, he wanted to change the half crown, and he put his hand into his pocket to take out his money to change it, and he missed his two guineas, and a man advised her to give the man back his two guineas, and she said, d-mn his eyes and limbs, she would swallow it before he should have his money again, and she put it in her mouth and swallowed it, I see her, and told them so in the watch-house. Prisoner. I would wish to ask her whether the gentleman did not give her the two guineas between the half crown piece and the shilling? - No, no such thing, I see her pick it out, and it was out of the man's right hand pocket that she took it, and she wanted me to have it, and I put it back, and gave her the money into her hand again; and she said, you black b-tch, say nothing, you shall not come to any harm; says I, you know you have got the money in your guts, give it the man; and she said he should not have the money any more. Q. To Prosecutor. Did you hear Mary Hollwell say that she saw the prisoner take the money out of your pocket? - Yes, I heard her say so at the watch-house. WILLIAM SILLER sworn. Q. You are a watchman. On the the 19th of February, at a quarter past eleven, I was coming along from my watch box, and I saw this man and two women together, and he accused them of robbing him of two guineas; says I, will you give charge of the two women, and have them taken to the watch-house, and have them searched? with that the man says that he would wish to go back to me house with them; they went back, and I waited at the door, and presently I was called to have the charge of them, to take them to the watch-house; in going to the watch-house, the black woman says to the prisoner, you had better give the man the two guineas; and in going to search her at the watch-house, she said that the woman has got the two guineas and has swallowed them. GUILTY . (Aged 25.) Transported for seven years . Tried by the second Middlesex Jury before Mr. justice ROOKE. 190. JOHN LEACH was indicted for feloniously stealing, on the 27th of February , a pewter pint pot, value 1s. the goods of Samuel Powell . SAMUEL POWELL sworn. I am a publican , I keep the Rose and Crown, Little Britan . On the 27th of February last, on a Friday, about five o'clock in the afternoon, the prisoner at the bar came into my house; he came to the bar and asked for a glass of gin, which was served him; on that he retired to the tap room; there happened to be but one person in the tap room beside himself, who was a working man having a pint of porter and some bread and cheese; the prisoner waited in the the tap room till the man was gone, and seeing me busy in the bar (the other man went out of the house, leaving the pint pot standing by the fire place, on the side of the fire, on the hob) he took my pot, concealed it and walked out of doors with it, the maid servant came out of the parlour at the instant, she seeing the man going out of the tap room, said, sir, have you taken the pint pot from the tap room? I said I have not; and she went to the door immediately, and caught the prisoner by the door, just as he was going off the step; the girl says to him, master, you have got a pint pot of my master's; he says, no such thing, how can you say so; I was directly close, and had hold of him; I said, my good man, it does not signify denying it, for I am positive you have it about you; and I took the man into the tap room, and sent for a constable to search him; I never quitted him; the constable came as soon as possible; in the mean while, before the constable came, the prisoner wanted to get from my hands, so as to get to a far box in the tap room; I would not quit him, and he twisted his hand, and drew the pot from under him, as though he drew it from his breeches, and put it down on the seat, before my face. Q. You are sure you see this? - I positively did; I had him by the collar all the while; after that he began to ask my pardon, and beg for mercy; and if I would let him go he would pay me for the pot any thing that I desired. Q. The constable has had the pot from that time to this? - I delivered it to the constable immediately. It has got my name and number on it. Q. There were no pots in the house but what belonged to you? - There was not a pot on the premises to my knowledge, but what belonged to me. MARY HAYNES sworn. Q. Are you a servant to the last witness? - Yes. Q. Did you see the pot by the fire side in the tap room? - Yes, I did. Q. Did you see the prisoner in the room? - Yes, I did; when he went out I stopped him, because he had got a pot of ours. Q. Did you see him examined afterwards? - Yes, I did. Q. You did not see him take it? - No, I was not in the place when he took it. Q. When he was brought back again did you see it taken from him? - Yes, he took the pot from his breeches. Q. What was done with it? - The constable took it, Mr. Phipps. FRANCIS PHIPPS sworn. I am a constable, Mr. Powell gave me this pot. Q. Did you see it taken from him? - I did not, he desired me to search him, to see if he had got any more, and I found this file; I have kept the pot in my possession ever since. Prisoner. I know nothing at all about it, I was very much in liquor when I went into the house. GUILTY . (Aged 65.) Imprisoned three months in Newgate and fined 1s. Tried by the London Jury before Mr. RECORDER. 191. SIMON WORTH and JOHN ANDREWS were indicted for feloniously breaking and entering the dwelling house of Robert Henderson , about the hour of nine in the afternoon, of the 7th of March , the said Robert Henderson , Hannah Henderson , spinster, and Thomas Jones being therein, and feloniously stealing from the said dwelling house, two woollen cloth coats, value 3l. two memorandum books in a leather cover, value 2d. a bill of exchange, value 45l. 4s. another bill of exchange, value 25l. and one other bill of exchange, value 14l. the property of the said Robert Henderson . ROBERT HENDERSON sworn. Q. Where do you keep house? - No. 10, Foster-lane, Cheapside . On the 7th of last March, Saturday, while I and my sister were at breakfast, some person or persons went up two pair of stairs, into my bed room, backward. Q. Did you see him in the bed room yourself? - I did not. Q. Where was you at breakfast? - In the front parlour, up one pair of stairs. Q. What is your sister's name? - Hannah. Q. Was there a person of the name of Thomas Jones in the house? - He was. They took the two coats and two waistcoats. Q. Had you any alarm given you? - None; I went up stairs after breakfast to shave myself, my hair dresser was not then come; I had not been there more than a minute before some coals came, and the man asked me for a few halfpence for some beer; I had none about me, and I went up stairs for some in my coat pocket, that I had pulled off the over night, and I missed- Q. What time of the day was this? - A little before nine o'clock in the morning. Q. What was missing? - Two coats and two waistcoats, from the two pair of stairs back room. In the inside pocket of the coat that I had pulled off the over night, was a little memorandum book, which contained three bills, to the amount of sixty-five pounds, some odd shillings. Q. What in one of the coats you missed? - Yes; I immediately went to stop payment of the bills. Q. Do you know who took these things? - I do not. Q. You have described all that you have lost? - Yes. Q. When had you last seen these things? - I had seen them all the night before; the memorandum book and my clothes that morning; I advertised the bills, and had hand bills distributed about, and offered a reward for their being returned, but I heard no tidings of them, till such time as the forty-five pounds four shillings became due, that was on the 29th of March; when Sir James Esdaile 's house, the bankers, sent me notice that they had got two men there in custody respecting the bill; I went, Sir Benjamin Hammet told me that the bills had been presented that morning for payment, by a Mr. Thomas Powell , a linnen draper, who had taken it of two men the day before; Sir Benjamin Hammet told me that he believed they had got one of the thieves, or his accomplice (Simon Worth was present) but it was necessary that I should go in pursuit of John Andrews , and he advised me to take an officer with me, and get the best direction I could from Simon Worth , were Andrews was; I took an officer with me, and after a pursuit of two or three hours we got Andrews; Sir Benjamin took a deposition of Worth's at the time, which he desired I would take a copy of it, which I did; it was left at the Mansion House with Mr. Newman, to produce in court. Q. Sir Benjamin Hammet did not act as a magistrate at that time? - I don't know, the examination was over before I got there. Q. Who was the committing magistrate, that committed this man? - The Lord Mayor. Q. Have you ever found any of the rest of your property? - No, no traces of the rest. Mr. Knowlys. You say the Lord Mayor was the last magistrate who committed him. What I want to know is, whether the first commitment for further examination, was not made out by Sir Benjamin Hammet? Were they not brought up before Sir Benjamin Hammet at Guildhall? - Worth was taken from Sir Benjamin Hammet 's to the compter. (The examination produced.) Q. Do you know Sir Benjamin Hammet 's hand writing? - I cannot say that I do. Q. Did you see him sign that? - I did not. Q. You say this took place while you was at breakfast? - Yes, between the hours of eight and nine in the morning. Q. Not later? - No. Q. On the 7th of March? - Yes. Q. You did not hear any thing of your bill till the 29th following? - I did not. Q. Except this one bill, no other thing has been found? - No, nothing at all, the prisoner Worth was not searched in my presence. THOMAS POWELL sworn. I am a linen draper. Mrs. Llewyn, whose husband keeps a nursery ground, who lives in the New-road, Blacksriars-road, she and Worth came to our house, about two o'clock on Friday, the 27th of March, and Mrs. Llewyn told me that Andrews had bought three or four pounds worth of trees and roots in their garden of her husband, to send into the country, and Andrews offered Llewyn a bill of forty-five pounds, and wanted change, but Llewyn could not give the change, and she told me that Andrews wanted some linen drapery goods, and she said she knew a person she could recommend him to, and she came down to ask me if I would take the bill, and give him the change for about ten or twelve pounds worth of goods, and give him the difference? I told her if the bill was good I would take it, then they went back again, and in about an hour or an hour and half after they came again. Q. Had they shewn you that bill? - No, they had not, Andrews had the bill; in about an hour after they all three came down, and Andrews shewed me the bill, of forty-five pounds four shillings, on Sir James Esdaile ; then I told Andrews that I would take the bill; but at the time that he was looking out the goods, I sent my young man to a banking house, to know if the bill was good; and the answer was, that the bill was a very good one; then I gave him the difference of the bill, thirty two pounds twelve shillings, he had twelve guineas worth of goods; then they went away. The next morning I went to the banking house, and took the bill for payment, and they told me that the bill had been stolen, and they would not pay it. Jury. You took the bill yourself? - I did; I was asked up to Sir Benjamin Hammet , and I informed him where I took the bill, and I was coming out of the banking house, and I saw Worth through the window, passing by the door, and I went out and collared him, and I told Worth, that the bill I took of him yesterday was not a good one, and it had been stolen, and he told me that he knew nothing at all about it; and he was taken up before Sir Benjamin-Hammet, and examined before him. Mr. Knowlys. Worth was examined before Sir Benjamin as a magistrate? - Sir Benjamin swore me, and him likewise. Q. When Mrs. Powell came, she represented the whole business, as laying with Andrews, and Worth as having no intent in it? - Yes. Q. And that she represented in the presence of Worth? - Yes. Q. Did Worth ever claim any property in the bill, or having any thing to do with it? - No. Q. After Mrs. Llewyn had made this representation to you, then Andrews came and produced the bill? - He did. Q. How long did Andrews stay with you while you was treating for these things? - Full three quarters of an hour; he staid all the while my young man went to the banking house and back again to inquire after the bill. Q. It had never happened to you to hear of its being a stolen bill till the day after? - To be sure; if I had I should not have taken it. (The bill produced.) This is the bill; Sir Benjamin Hammet would not pay the bill till yesterday, and I was obliged to trouble them for the money. My attorney has had the bill. Prosecutor. This is my bill. Q. Was this room where it was lost, the room you sleep in? - It was. Q. What time did you get up in the morning? - About eight, or rather after. Q. Was it light then? - It was. The coat and waistcoat that the memorandum book was in, I pulled off the night before, about eleven o'clock, when I went to bed. Q. Was this room locked? - It was not locked, but the door was shut; I recollect shutting the door after me very well. Q. Were you the last person that came out of the room? - I was. Q. You cannot say with certainty, that nobody went into this room but yourself, before you missed these things? - I cannot. Q. You were at breakfast some time, so it is possible that some of your own people might have been in the room? - It might have been so. Q. When you went up stairs, did you find the door open or shut? - I cannot recollect. Court. I shall not put Worth on his defence. Prisoner Andrews. On Saturday, the 7th of April, I accompanied my wife, by her desire, into St. Giles's, to the Red Lion, to see her daughter, she wanted to speak to her; within a few doors of St. Giles's my wife let go my arm, and she told me that she see a paper laying, which she thought to be a pawnbroker's duplicate, and she picked it up, and it proved to be a bill or a note wrapped up in this piece of red paper; that was about one o'clock in the day. Q. Where did it happen, do you say? - Going into Broad-street, about five doors going out of Holborn into St. Giles's, on the right hand side; then we went to the Red Lion, and I opened the paper and looked at it, and I did not know what the circumstances were, not the value of it; I called for a pint of beer and told my wife I would go to Mr. Palmer's, an acquaintance of mine, whom I supposed might tell me what it was; I went directly to the Joiners Arms, Westminster-row, and there I see Mr. Palmer, and delivered him the bill, and told how I came by it; he told me he did not think it a matter of any great consequence, for very few tradesmen did chuse to be troubled with them; and he had it in his custody till eleven o'clock that same night. I never see any advertisement or ever heard of any, and kept it almost three weeks, and shewed it to a number of people, I suppose a hundred had sight of it. I happened to shew it to a person one day, and they told me they thought the bill was worth all the money, and they blamed me for not changing it. JOSEPH PALMER sworn. I am a carpenter, a steward to a gentleman in St George's fields, Mr. Meymott, the surveyor under the building act. Q. What is the prisoner at the bar? - A carpenter; he has worked for Mr. Meymott ever since October; I employ him and pay him his wages. Q. Do you know any thing of this bill in question? - Yes; Andrews brought it to me, I think on the 7th of March, Saturday afternoon, he told me his wife had found it. Q. Why did he bring it to you? - I suppose because I was the only person that he knew; and I shewed it to several different people when he was by, and went into the parlour and shewed the company there. Q. Was there any question about its goodness or badness? - I told him that it was a bill that I would not take for my master, and I would not have any concern with bills of that sort, because I had orders to the contrary; I think I told him that the bill was not worth a shilling, I am very sure I did. Q. However, he shewed it publickly? - Yes, he did many times. Q. Did he leave it with you at all? - Yes, I think I got it for an hour in the house. Q. How long have you known him? - I have known him for these twenty years; he is a very good character. Q. Would you employ him again? - Certainly I would. He is a very steady workman, very industrious; he has four children. Q. How long had he been employed under Mr. Meymott? - Ever since the 27th of October last. Q. What till he was taken up? - No, I believe he was out of work because of the hard frost, we could not get timber up the river. Jury. Can he read and write? - I think he cannot. Q. Who used to set down his time? - He used to set down his time. PHILIP SERJEANT sworn. Q. Have you the care of the Joiners Arms? - I have the greatest part of it, but I am not in business for myself; I have seen Andrews there frequently, know him to be a very sober steady honest man. Q. Did you ever see him with a bill? - Yes; he said, Mr. Serjeant, I have found a bill; says I, what bill is it? says he, it is drawn on some banker or other in London, it is a country one, and he gave it me in the tap room; several saw it; and afterwards it was taken into the parlour and shewed publickly there. Q. Did he say who found it, either he or any other person? - I don't recollect; he said it was found. (The bill shewn him) This is the bill. Q. Did this happen more than once in the Joiners Arms? - I rather think it did twice; but the first time I see it was on Saturday afternoon, and I rather think it was on the 7th of March. WILLIAM DELL sworn. I am a glazier and painter, Westminster Road. Q. How long have you known Andrews? - Two or three months, and by knowing him I know most of Mr. Meymott's work, and most of Mr. Meymott's journeymen; he has worked for me. I generally every Saturday night go to get change at the Joiners Arms to pay my journeymen; I saw Andrews there at that time this bill was brought and shewed to five or six different tradesmen that were there drinking porter, and I read it, and returned it with this circumstance, I said, you had better go to Sir Benjamin Hammet's, and inform him that you have got the bill, or keep it till it is advertised. Q. Did you tell Andrews that? - I did not see Andrews; it was brought into the parlour, I was in the parlour waiting for some change. ELIZABETH ROGERS sworn. Q. Do you know Andrews? - Yes. Q. Do you know his wife? - Yes. Q. Where do you live? - Suffolk-street, near the King's Bench; I am a widow. Mrs. Andrews called on me with this bill. Q. What time? - I cannot say. Q. What day? - I cannot say, it was the morning part. Q. About how long ago? - I cannot say; I believe it is about three weeks ago. (The bill shewn her) That is the bill. Q. Are you a neighbour of Mrs. Andrews? - No, she lives some little distance from me; she shewed me that and asked me if I understood it? and I made answer and said, no. Q. How long have you known them? - About two years; during that time I always took Mr. Andrews and his wife to be sober honest people. The prisoner Andrews called three witnesses who gave him an excellent character. Jury to Prosecutor. Is it usual for you to indorse your bills before you pay them away? - I had indorsed that the over night, because I intended to discount it the next day, at my bankers. Both Not GUILTY . Tried by the London Jury before Mr. RECORDER. 192. FRANCIS GERALD was indicted for feloniously stealing, on the 14th of March , a man's black silk waistcoat, value 10s. three kerseymere waistcoats, value 15s. two cloth great coats, value 2l. three marseillis waistcoats, value 10s. two linen shirts, value 5s. five dressing waistcoats, value 10s. a man's flannel waistcoat, value 5s. two dimity waistcoats, value 10s. four pair of silk stockings, value 10s. four mens flannel waistcoats, value 5s. fifteen pair of silk stockings, value 3l. and an ivory two foot measure, value 1s. the goods of John Parker Church , Esq . in his dwelling house . JOHN PARKER CHURCH sworn. Q. I believe you live in Sackville-street, Piccadilly ? - Yes. The prisoner at the bar was my valet for about eighteen or nineteen months. Q. When did he leave your service? - About a month since; he did not leave my service; I was determined to discharge him, and I gave him notice to get another place, that I meant to discharge him; I ordered him to go with a letter to his Grace the Duke of Portland; I had been out and got wet, and went to change my coat, and I called for him, he had my keys, and I went to my wardrobe to get another coat to put on, and to my very great astonishment I found there was none there to change; at last I found a coat which I had made an excursion in last summer; very much surprised at this deficiency in my clothes, I had a closet opened, to see if there were any clothes there. The next day I ordered him to quit my service, and to give an account of all my clothes to my butler. Q. Did you afterwards examine into the state of your clothes? - No, I did not. I told him to give up the state of my linen and clothes to my butler, and when that is all right come to me and I will pay you your wages. When the account came to be looked into, I found a great deficiency of my linen and other articles; the man went away, and none of my servants could tell where he lodged. I sent my butler to the magistrates, at Marlborough-street, to apply for a search warrant, and the constable, who, I suppose, is here, went with the search warrant, and he came to me and brought one of my shirts with my mark on it; when he came to me, I went with him to this man's lodgings, and there I found a considerable quantity of my clothes, which, I suppose, are here to be produced, because the constable had charge of them. Mr. Knapp. These things, most probably, if they were taken at all they must be taken at different times? - It is impossible for me to say. Q. This man had lived with you eighteen or nineteen months, during that time he had been in the capacity of a valet. Had it, in the course of that time, been your custom to make presents to him of cast off clothes, or any thing of that sort? - It is impossible for me to recollect any thing of that sort. I have no doubt but I did make him some presents; I do not charge my memory with any. Q. Perhaps you have made him presents of some of the same sort of things that were in this indictment; black silk waistcoats for instance? - I propably might. Q. Kerseymere waistcoats? - I certainly did not. Q. Will you give me leave to ask you whether during the time the prisoner lived with you, he had not the opportunity of making away with a Pocket book, with some bank notes in it of your's? - I cannot positively say. Q. Did not he give you a pocket book, which had either by you been mislaid or dropped which contained bank notes? - During one time he lived with me I did leave my pocket book my in breeches pocket, but what sum of money was in it I cannot tell; when I got up in the morning I said, Francy, did you see my pocket book? Yes, says he, I did, there it is, and returned it; it certainly contained property. Mr. Knapp. If you mean to inquire from this, whether I had the least suspicion of his dishonesty, I would tell you, no; that I had great confidence in him. JAMES KENNEDY , sworn. Q. I believe you are one of the constables of Marlborough Street? - Yes, 135. Q. Did you go with a search warrant at any time to the prisoner at the bar? - Yes; I went to No. 132, Swallow-street. Q. Who lodged there? - The prisoner at the bar. Q. How do you know he lodged there? - Because I asked him to go to his apartments; and he went there with me. Q. Did you execute your search warrant there? - Yes. The first I found I desired him to open the box; and he opened it very freely; and I told him there was a chest of drawers I must open. He said he had not got the key; I said I must break it open. Q. Did you break it open? - No, he gave me the key after that. I found this shirt there marked as the butler had described the property to me. Q. To Prosecutor. Can you speak to the mark on your linen? - Yes: this is one out of twenty eight new shirts; which I had a short time before, eight of which are missing. Q. Are you perfectly sure that you never gave away any of these? - Perfectly sure I never did. Q. To Kennedy. What else did you find? - Fifteen pair of silk stockings. Mr. Knapp to Prosecutor. I am given to understand that the prisoner at the bar had given him a good many silk stockings either by you or Mrs Church. - I know he has taken them. Q. Be kind enough to answer my question? - I know it is no such thing. Mr. Knowlys to Kennedy. Have you any kerseymere waistcoats? - Three Kerseymere waistcoats. Prosecutor. They are certainly my property; and I certainly never gave them to that man. Mr. Knapp. You never had any quarrel with this man? - Never in the world. I found him a good natured man, but I thought him an unthinking man, because I could not keep him at home. Q. In short you did not think of parting with him for dishonesty? - I did not in the least. THOMAS JEFFS sworn. I am by prosession a dentist: I have known the prisoner six years; always bore a very good character. GUILTY, of stealing to the value of 10s. (Aged 29.) Transported for seven years . Tried by a Jury of half foreigners before Lord KENYON. 193. JOHN WHITMELL and JOSEPH HAWE, otherwise HOW were indicted for stealing, on the 21st of March , five live came turkey cock, value 20s. and a live came turkey cock, value 5s. the goods of John Wilmot , JOHN WILLMOT , sworn. Q. Where do you live? - At Tottenham High Cross . Q. What do you know of the loss of any poultry at your house? - I know the loss of five hens and a cock, on the 21st of March. Q. Do you happen to know of your own knowledge, whether they were safe the night before you missed them? - Certainly I saw them all the day till the afternoon between four and five o'clock, and they used to roost inside of a moot: I have a moot about my house, and we generally fetch them up inside there every night, and the next morning let them go where they like. I see them there that day: I was at work in the garden all the day. Between four and five they were walking along the road: at this time of year they will stray out a little from home. Q. Was that your whole number, or only a part of them? - Only a part of them; some of them were on the decline of sitting, and they staid at home more. Q. Did you ever see them again from the time that you missed them? - Not till they were dead. Q. When was it you saw them dead? - The same evening my daughter pulled them out of the ditch where these two men had broke their necks. Q. Did you see her take them out of the ditch? - I did not; but I see her draw them along the road. Q. Did you see the prisoners about there that day? - I did not to my knowledge. Q. How near was this ditch to where you lived? - Within near three hundred yards of my own house. Q. What became of the turkeys afterward? - I took two of them to the justice's where the men were convicted from, and the others we made use of ourselves. Q. Were there the same number missing as found? - The five hens we found that evening, or the 21st, on the 22d, my man found the head of the turkey cock within about one hundred yards of our house. Q. How near to your house do you say the ditch was? - Not above four hundred or five hundred yards; they drove them till they drove them out of sight of the windows of my house, and then they broke their necks; I am sorry to say that my daughter saw them drive them, and she is not here. Q. When did you see the prisoners first? - When they were taken, about an hour and half after in the same evening, or it may be not quite so much. Q. Where was it you saw them? - I see them at Mr. Mitchell's, in Tottenham Road. Q. Were they in custody when you saw them? - They were; they were taken into custody by the people who pursued them into the road; I don't know that I exchanged three words with them; then we took them to Tottenham to the justice's. Q. How long had you had these turkies? - We hatched them. Q. How old were they? - About nine or ten months old, I believe there might be one older among them; the cock turkey was two years old. Q. Could you swear to the head of the cock turkey alone? - I think I could with a great deal of truth and justice, by the circumstances. Q. How many turkies had you altogether? - We had eight. Q. Then you had only two remaining? - No. JOHN MARSHALL sworn. Q. Where do you live? - At Hornsey, with my father, I suppose about half a mile from Mr. Wilmot's; I had been as far as Enfield Chace: this was on Saturday the 21st, and I was coming home from Enfield Chace, and coming across the fields that come from Wood-green Comman in Tottenham parish, and I saw this William Lucas in pursuit of these two men, the prisoners at the bar, running after them; I heard his voice before I saw him. Q. You knew Lucas before? - O yes, he was crying out two thieves! and then the two men ran up an hedge, the other side of the hedge from me, the same side as Mr. Lucas was. Q. Could you see through the hedge? - Yes, I could; the end of the hedge reaches into the river, then immediately they got up on the top of the hedge, turned round, and ran all along by the river bank, and Mr. Lucas told me to run and tell the people of the house on Woodgreen Common, to stop them from going over the Common, and I went there, and there was nobody at home, and then immediately I run after them myself, when they were running along side of the river bank along side of the Common, to go over the river bridge, and I ran after them as fast as ever I could; and Mr. Lucas ran after them across that bridge, and I had got to go half a mile round to another bridge, to get on the top of Mr. Mitchell's hill, to go after them, and before I could get at the top of the hill, I lost sight of them, and then I heard Mr. Lucas halloo, stop thief; I see Mr. Lucas, but I did not see the men, I ran to Mr. Lucas directly as I see him, and I did not see the men any more not till they were catched, I cannot say who took them, I see them after they were taken just the other side of Tottenham Wood; they had got one of them in hold then, Mr. Whitmell. Q. How soon did you see the other prisoner? - I did not see him before he was caught, about ten or eleven minutes after I see Whitmell. Q. Who had got Whitmell at the time you see him? - Mr. Lucas here. Q. Who had got Hawe when you see him taken? - He was brought to Lucas where Whitmell was, by Mr. Mitchell's coachman, I believe. Q. Can you undertake to swear, that the two men that you saw, after they were taken, were the two men whom you had seen so running, and so pursued by Lucas? - Yes, I could. They are the same men, by their dress. Q. Did you know either of them by sight before? - I have seen Hawe at the Cross Keys, St. John-street, Smithfield. Q. Did you know it was Hawe before you saw him in custody? - No; I did not know him only by his dress. The other I never see before to my knowledge. Q. You see nothing of any turkies? - No, I did not. -LUCAS sworn. I went to work on Saturday afternoon, in the garden of Mr. Wilmot's; he sent me in pursuit of these men; he said there were some men driving the turkies about the road; it might be about four or five o'clock, as nigh as I can guess. I ran out of the garden into the road, and got over into a field; I ran down by the side of the hedge for a considerable distance, and then got over the hedge into the lane again. As soon as I got to the lane, I was within a dozen yards, as nigh as I can guess, of three men close by the ditch side; as soon as they see me, one man ran away. Q. Did you observe whether they were doing any thing by the ditch side? - Yes; one man had got a turkey in his hand by the neck, and was swinging it round; and the other had got a cloth, and was going to spread it on the ground. I have got a cloth in my pocket, which I suppose is the same, that was picked up in the New River, by the side where they ran. This man that had got the turkey in his hand, flung it down into the ditch, and ran away as soon as he stung it down; I never see him after he went away. The man that had got the cloth turned round and said, he would have a turkey for all me. Q. How near was you to him when he said that to you? - Within half a dozen yards, as nigh as I can guess. Q. Had you said any thing to either of them before they said this? - I asked them what they were doing there? then I turned round towards home and hallooed for assistance, and then they ran away, and I pursued them over the fields till they came to the river bank, and ran down the river bank afterward all the way till they came to Tottenham Wood. As soon as they came to Tottenham Wood, they ran into the wood, then I ran down to Mr. Mitchell's farm-yard, and called out for some assistance; and Mr. Mitchell's men went up some distance from the wood. There was a field between the wood and the farm yard; we went up this field into the wood, and I got over the hedge into the wood, and the first man that I see was Whitmell, laying down flat on his back. I went up to him, and told him to get up, he must go along with me. He got up, and one of Mr. Mitchell's men got hold of one hand, and I of the other, and we took him to the farm-yard. Hawe was catched by one of Mr. Mitchell's coachmen, I believe. Q. Then you did not see Hawe in the wood? - No, not after he went in first, I see him go in. Q. How soon was it that he was brought to where you was? - It might be about five or six minutes; I cannot justly say how long it was; it was within a short time. Q. Is Mr. Mitchell's coachman here? - No, I believe not. Q. Can you undertake to swear positively the two prisoners at the bar are two of those men that you see standing by this ditch that you described, and whom you afterwards pursued? - I can. Q. Were either of the prisoners the man that was swinging the turkey about? - The man in the blue jacket, Whitmell. Q. Who was the man that had the cloth? - Hawe. Q. Was he the man that said he would have a turkey for all of you? - He was, I have no doubt. Q. Did you know him before? - I never see him before, to my knowledge. Q. Had you an opportunity of observing them so as to say, through all the pursuit, they were the same men? - I had. Q. Now, after they were secured, were you present that night? - No, but the next day I went up to Tottenham to the justice's. Q. But were the turkies found before you went to the justice's? - Yes they were. I went to the very place the next day, where I see the men throw the turkies into the ditch, about three hundred yards from Mr. Wilmot's, as nigh as I can guess. Q. Did you find any thing there then? - There were a great many turkey feathers in the ditch, and a little distance from that I found the head of a turkey cock, nigher to Mr. Wilmot's house. Q. Was that in a ditch? - It was, but not where I see the men with the turkies. Q. Did you shew Mr. Wilmot the place where the men were employed? - I did not. Q. Is it possible for you to swear to the head of that turkey cock? - I can swear it was the head of a turkey cock, and the turkey cock was missed. Q. Did you see the hens that were found dead afterwards? - Yes. Q. Did you know them? - perfectly well. Q. How many were there? - Five. Q. Were they old ones or young ones? - I believe they were young ones. I am not much acquainted with ages, but I was well acquainted with them, by seeing them in the yard. Q. How long had you known them? - Ever since they were hatched. Q. Now, in what short space of time after Mr. Wilmot sent you out after the turkies was it you saw the two prisoners, and the third man? - In about five or six minutes. Q. Did you see any thing of that young lad, Marshall? - Yes, I see him in a field, and told him to go to a house and call for assistance, but I never looked behind me, to see whether he was following me or not. Q. You are confident to the persons of these two prisoners? - I am very confident of these two men. Q. To Prosecutor. You were saying that you saw the dead turkies drawn out from some place by your daughters? - I did; that was the place where the five turkies were killed. Q. Was that after you knew the prisoners were taken, or before? - Before. Q. Did you see your daughters pull them out of the ditch? - No; they had just dragged them out of the place, and brought them into a place about the length of this Court, into the middle of the road, and said, there they were, all killed. Q. Did you see the place which the last witness has described, where a quantity of the feathers were? - I did; I went immediately as I saw the turkies to the place. I see a few scattered feathers, that in their hurry had come from the turkies, and I could see the print where they had knocked down the reeds and bushes. Q. What distance might this he from your house? - About four or five hundred yards. Q. Was there any way that the turkies could have got into that road? - They could not have got through the hedge; they were in a ditch by the side of the common, what they call the outside sence of a field. Q. You saw nobody driving them? - I did not; I only took notice of the two waggons that were coming by at the same time that these men were coming by, these men being a kind of porters to the waggons, I immediately thought that they might be men belonging to the waggon. Q. Had you seen the two men before? - I see several people with the waggons, but I did not take notice of them, nor my man; we were at work in the garden. Q. Then how came you to send your man after these men? - Because my daughter were looking out of the window, and saw them driving the turkies. Prisoner Whitmell. I went with the waggoner to drive the waggon on forward for him, and got some way on the road, and I got rather in liquor; I don't know how far I went, and laid myself in this wood to sleep, and this man came to me into the wood, and said I had been killing turkies, and I never saw a turkey. Prisoner Hawe. I went out along with the waggon, to drive it while the man stopped to have a little refreshment, and then I turned off across the way to Highgate, and a gentleman's servant hallooed out to me, and said he wanted me; and I said, if he wanted me I would go with him, for I had done nothing that I was afraid of; and he said I had been killing the turkies. I never see these men before they were hallooing in the wood. I was walking along, making the best of my way to Highgate. Prosecutor. I have one observation to make, this little road is three miles from my house. The prisoner Hawe called two witnesses, who gave him a good character; said he drove a cart, and portered. John Whitmell GUILTY. (Aged 22.) Joseph Hawe GUILTY. (Aged 23.) Judgement respited . Tried by the second Middlesex Jury before Mr. Baron THOMPSON. 194. JEMIMA BULLOCK was indicted for feloniously stealing, on the 20th of March , a gold ring, value 5s. the goods of Elizabeth Mayland . ELIZABETH MAYLAND sworn. Q. Are you a single woman ? - Yes. Q. Where do you live? - No. 3. - street, Covent garden . Q. Do you live with your friends or relations? - I do not live with my relations, but I have a friend that supports me. I live in the house. Q. Have you apartments to yourself? - Yes. Q. Were you robbed of a gold ring at any time? - Yes; on the 20th of March,(Friday) between the hours of nine and ten in the evening, I went down stairs to wish my hands, and I took my ring off my finger, and left it on a table in the kitchen, then I went up stairs and forgot my ring; in about ten minutes I went down stairs again, and there the prisoner was, with a little child about three years of age, and I asked her if she had seen it? she said she had not seen it. I suspected her, and I went up to Bow-street, and brought one of the officers, and he went with me to a place that she used in White-house yard, Bridges-street, Covent-garden Q. Where did you find her? - At her own lodgings; she was at a house at an acquaintance's; I don't know whether she lodged there, but we found her there. Q. Did you ever find your ring again? - Yes, at a pawnbroker's in Bridges-street, the Monday after; he is here; he has it. It is a Bristol stone ring. Q. How came she to be in the kitchen at the time. you wasned your hands? - She lodged there. Q. In the same house you did? - Yes. Q. How long had you known the prisoner? - About three months. Q. Did you visit her on terms of friendship? - No, only lodge in the house. Prisoner. I am innocent of it; it is a thing I never did. I wish to ask you whether you and I were not intimate acquaintances, and you and I had some words, and my landlady told you to do it out of spite? - I asked her about the ring, if she had it, or if she had made away with it; if she would tell me, I would take it out and forgive her. Court to Prosecutrix. Had you any quarrel with her before you lost your ring? - Upon my oath I had not. Q. There was no dispute but about the ring? - There was not. Q. What is the value of this ring? - Five shillings. WILLIAM KIRKHAM sworn. Q. What are you? - A pawnbroker. Q. Do you know the prisoner? - Yes. Q. Are you perfectly sure as to her person? - Yes. Q. Had you seen her more than once at your house? - Yes, several times. Q. Did she ever pawn any thing at your house? - Yes, on Saturday evening, the 21st of March, I received this ring in pledge from her. Q. What did you lend her on it? - Three shillings and six-pence. Q. What do you think the value of it may? - I suppose it is worth half a guinea to the wearer. Q. What may the value of the gold he? - About four or five shillings. Q. In what name did she pawn it? - In the name of Ann Giffen . Q. Are you sure that she pawned it? - Yes, she has used the shop near a twelve month, backwards and forwards. Prisoner. It was not me that pawned it, but somebody that used my name. JOSHUA BAKER sworn. I attend the office at Bow-street; I apprehended the prisoner last Monday, a court in that leads out of White Horse-yard into Charles-street. Q. When you found her did the prosecutor charge her with taking this ring? - Yes; she told her she had got her ring, and the other denied it; before I took her to the office I went to the pawnbroker with the prosecutor and prisoner. Q. How did you get to the pawnbroker? - I received that information from the prosecutor; she had found out by some means that the ring was there, by what means I don't know. I asked the pawnbroker if that was the person that had pawned the ring in question? he said it was. Q. Did you see the ring there? - I did not till I came to the office. Q. To Prosecutrix. How came you to find out the pawnbroker's? - I was informed to go there, because she used the house. Q. Did you ever lend her this ring? - Never, I am perfectly sure of it. Prisoner. I am innocent of it. If I had stole the ring I should not have carried it to a pawnbroker that knew me; I did not think a young woman of my acquaintance would have done such thing to me; I was sorry to let my friends know that I was in such a predicament, and so I have nobody here. GUILTY . (Aged 20.) Imprisoned one month in Newgate and fined 1s. Tried by the second Middlesex Jury before Mr. RECORDER. 195. JOHN STUBBS was indicted for feloniously stealing, on the 14th of April , twenty-seven pair of silk stockings, value 1l. 7s. and a silk handkerchief, value 3s. the goods of Samuel Woods . SAMUEL WOODS sworn. Q. What are you? - I am by profession a waiter . Q. Did you at any time lose any silk stockings and handkerchief? - Yes; on the 13th of April, about half after seven in the evening, out of my bed room. Q. Did you miss them at that time? - Yes. Q. Where do you live? - At Hudson's Coffee house, New Bond-street . Q. Do you know any thing of the prisoner at all? - No, I do not. My room was above stairs; going into the passage I see the prisoner going out into the area with them, down the steps; I asked him what he had got there? I see the bundle under his arm; he said it was a bundle the porter gave him; I could not immediately recollect of my own knowledge that it was my handkerchief or no. Q. Did you let him go? - Yes, I did, and then I went up stairs to my room to satisfy myself. Q. When you went into the room did you miss all the articles in the indictment? - Yes, I did. Q. Did you pursue him? - Yes, I did. Q. Was he stopped? - Yes, in Conduit-street; I see him stop him, the man that stopped him, stopped him till I got up to him, and I took the property from him, twenty-seven pair of silk stockings and an odd one, and a silk handkerchief. Q. What may be the value of the stockings? - Twenty seven shillings. Q. What may the value of the handkerchief be? - Three shillings. Q. Did you know these stockings and handkerchief to be your's? - Yes, I did; I bought them of my master, a young man died, and my master was executor to the young man that died, and I bought the lot, about thirty four pair. Q. Have they any letters or marks on them by which you can prove them to be your's? - Yes; Sir John Webber 's name is on two of the pair. Q. Now, as to the handkerchief, was it a coloured silk handkerchief? - Yes. Q. Was it a figured one? - Yes; there is a small burn in one corner. Q. TELLY MACALLAUGH sworn. Q. Do you live in this coffee house? - I did. When Mr. Woods see the prisoner going out of the coffee house he called me, and desired me to follow him, I did, I overtook him in Conduit-street, and he had the goods under his arm, and I stopped him till Mr. Woods came up, and Mr. Woods took the goods from him. Q. Who has kept the goods ever since? - They lay in Mr. Hudson's Coffee house ever since; I brought them here. Q. Are you sure you brought the same as you took from the prisoner? - Yes, I am. Q. What were the goods? - Twenty-seven pair of silk stockings, an odd one, and a silk handkerchief. Prisoner. The porter that lives where that gentleman does, is a very intimate and old acquaintance of mine, I had not seen him for a great while, and he over took me a little before this in Piccadilly, and he asked me to go along with him, after I had took a share of a pot of beer with him, he bid me come down into the area, to take a little parcel for him to Conduit-street. Court to Prosecutor. Is the porter in the house now? - No, he has been absent ever since that happened, nor I don't know where he is. Q. To Macallaugh. At the time you took the prisoner, did he make any resistance? - No, he did not; he told me it was Joe, the porter, gave him the things. Not GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 196. MARY ROBERTS was indicted for feloniously stealing, on the 3d of March , a gallon pewter pot, value 5s. the goods of John Campbell . JANE CAMPBELL sworn. Q. What are you? - The wife of John Campbell , he keeps a public house , the sign of the Prince of Wales, in Holywell-lane . Q. Did you lose a gollon pewter pot at any time, and when? - Yes, the 3d of last March, Tuesday. Q. Did you see the prisoner take it? - I did not, my servant lost it, and he can give a better account of it than I can. JOSEPH BARRETT sworn. Q. Are you a servant to Mr. Campbell? - Yes. Q. Have you the care of the pots? - Yes, I got them all in. On the 3d of March, Tuesday, I was getting my pots in the morning, and I had this gallon pot on my rope, and I laid them down under the cook shop window in Holywell-lane; I reckon it to be between eleven and twelve o'clock. In laying them down I put the gallon pot at the head of the rope, and while I went up the passage at the corner of the cook shop for a pot, when I came down again, the gentlewoman of the cook shop came out to the door, and asked me if I missed any thing? I told her I missed a gallon pot; she pointed to Mary Roberts, and said that that woman in an old red clock stooped to pick up something, she did not know what; I ran after her, and just by the Crown, I found her up in a corner, between two trees, inside of the palisades, with the gallon pot by the side of her, on the ground close by her; I took up the gallon pot, and looked at it, and saw my master's name on it; and I asked her how she came to take it? and she said she did it for want; I see a young woman, and desired her to run home and inform my master; when she came to my master, my master was out, and my mistress came and took the gallon pot from the side of her, and asked her how she came to take it? and she told her the same as she told me before, that she did it for want. Q. Who has had the care of that pot ever since, you or your mistress? - My master and mistress together; they were ordered by the justice to put it up, and not to use it, and it has been laid by ever since. Q. To Mrs. Campbell. Did you see the woman in this situation, with the pot by her? - I took the pot up from the ground. Q. And you have kept it till now? - I have locked it up, my husband's name is on it. Prisoner. I was going for some water, and it being hard weather, I took the pot to drive it out, as I was going to the cistern for it; I had the pail in my hand, and took the pot, knowing Mr. Campbell I thought I might take the liberty of using it. Q. To Prosecutrix. What did she say to you about the pot? - She said she was in great distress, and took it for want. Prisoner. When Mrs. Campbell was sent for and came up to me, she took the pot from me, and bid me go about my business, and let me go about my business, and it was above an hour after, and I had brought my water home, before Mr. Campbell took me in my room, Q. To prosecutor. Is that true? - It is. The prisoner called two witnesses who gave her a very good character, said she got her livelihood under the protection of her father. GUILTY . (Aged 25) Imprisoned one month in Newgate , and fined 1s. Tried by the second Middlesex Jury before Mr. RECORDER. 197. ELIZABETH HARRISON was indicted for feloniously stealing, on the 21st of February , two pair of linen sheets, value 1l a linen pillow case, value 1s. a cloth riding habit, value 6s. a callico bed gown, value 18d: the goods of Mary Bailey . MARY BAILEY sworn. I live in St. Martin's-lane ; the prisoner lived with me about six weeks; I missed them articles from my own lodings. Q. How lately had you seen any of these things before you missed them? - I believe it was about a fortnight before I missed them; the habit was put into a deal box and unlocked, the sheets were in a large trunk, which I always keep looked, the bed gown was taken out of the closet, I cannot tell whether it was locked or no. Q. When did you see any of your things again? - I see them in about a fortnight after I missed them, at the pawnbroker's, he is here in court. The prisoner was a servant , I had discharged her about an hour before I found the things; they are not all found, only the riding habit, one sheet and bed gown. Q. Did you find the trunk locked that you used to keep the sheet in? - Yes. GEORGE WOOD sworn. I am a pawnbroker, No. 39, Green-street, Liecester-fields; I produce a sheet, a riding habit, and a bed gown. Q. Where did you get these things? - Of the prisoner at the bar. On the 11th of February, she brought the riding habit for six shillings, to pawn; she said she pledged it for one Mrs. Byot, in St. Martin's-street. Q. What name did she give herself? - Harrison. On the 19th of February, she brought a bed gown for eighteen-pence. Q. Did you know her before this? - Not to my knowledge. She brought that for Mrs. Byot. On the 21st she brought a sheet for five shillings, for Mrs. Byot; that was the day she was taken up; I see her when she was in custody. Prosecutrix. The riding habit I know to be mine, it is rather old fashioned; the sheet is marked, the bed gown is mine. Prisoner. I don't know of any thing but that one sheet and the bed gown. GUILTY . (Aged 36.) Transported for seven years . Tried by the first Middlesex Jury before Mr. Baron THOMPSON. 198. THOMAS WATKINS was indicted for feloniously stealing, on the 11th of March , a black bonnet, value 1s. the goods of Robert Moggeridge ; and SARAH WATKINS was indicted for feloniously receiving the same, knowing it to be stolen . AMELIA ADSLEY sworn. Thomas Watkins came into the shop where I live at Mr. and Mrs. Moggeridges;(they keep a milliner's shop in Glanwin-street ,) on the 11th of March, about eight o'clock in the evening, he said he wanted to see a bonnet; I took one out of the window to shew him. Q. Did you deliver it to him? - He wanted to take it out of my hand, and I refused letting him have it because I was afraid he would spoil it. He said he would not hurt it; then he pointed to another which was in the window, I took that out; he took it from my hand and ran away with it. Q. Did he say any thing before he ran away with it; ask you the price of it? - No. I made an alarum, the people ran after him and pursued him, and took him into custody immediately. Q. Where is the bonnet? - I have it here. Q. Where did you get it from? - One of the officers of Marlborough-street brought it to our shop the day after. Prisoner. She gave me the bonnet to look at: I did not take it out of her hand. It is the first fact I ever did in my life time, and poverty was the cause of doing it. Q. Is Sarah Watkins your wife? - No, we are not married. Thomas Watkins, GUILTY.(Aged 38) Judgement respited . Sarah Watkins , NOT GUILTY . Tried by the first Middlesex Jury before Mr. Justice ROOKE. 199. HARRIOT COOPER, otherwise SUSANNA CLARKE , was indicted for feloniously stealing in the dwelling house of Ann Capelen , spinster , on the 12th of March , a silver thimble, value 1s. 6s. a silk purse value 3s. forty-eight guineas, and two 10l. bank notes, the property of the said Ann Capelen . ANN CAPELEN sworn. Q. Where do you live? - No. 15, Steven-street, Rathbone-dlace . Q. You are a single woman? - Yes. Q. Did you at any time lose any property? - Yes. Q. You occupy the whole house? - Yes, we lost a tea-spoon and other things out of the house before this robbery; but we did not suspect this woman. Q. When was this committed? - On the 12th of March on the night I went to bed the money was in the beaufet, thirteen guineas in a caddy in a silk purse with gold tassels, and two bank notes of ten pounds each, and a silver thimble in a little box on the side board. I see her using it the night before though she did not ask me to use it, it was not my own, but a person lent it me, I was answerable for it. Q. Was the prisoner your servant? - Yes. Q. How long had she been your servant? - She had been my servant rather better then five months. Q. Do you know by whom this property was taken? - I am confident it was taken by her and nobody else. Q. Was any of it ever found afterwards? - No; we never got any of it. There was nobody up in the house when she quitted it. Q. Was the prisoner in the house the night before, when you went to bed? - Yes. Q. That was on the 11th? - Yes, and on the 18th she robbed me. Q. Had she taken her clothes with her? - No, she left some part of her clothes in the room where she slept, and some in the kitchen. Q. Had she taken any of her things away? - Yes, as near as I can guess, she had taken away a couple of gowns, and what she had on her back besides. Q. What time did you get up in the morning? - I did not get up very early, because I was very unwell. Q. When did you see her again? - Never till the constable took her; she robbed me on the 12th, and he took her on the Tuesday following. Q. The time of her service was not expired when she went? - No, I hired her weekly, and paid her weekly, and agreed with her for a week's warning; and the Monday before her week was up, I had not silver to pay her, and when I had not silver to pay her, I used to let it go for a fortnight, that time her week's wages was not paid. Q. Were you present when she was taken? - No. Q. Were you present when any search was made? - Not when the first search was made; afterwards I searched her. Q. Was any thing found on that search? - Nothing. Q. What does your family consist of? - There are two lodgers, one person in the first floor, who had her own servant to sleep with her, and the witness Sarah Willis in the second floor, but neither of them were up when she left the house. SARAH WILLIS sworn. Q. You lodge in Mrs. Capelen's house? - Yes. Q. How long had you lodged there before the 12th of March? - Four months; the prisoner came into my room early on the morning of the 12th, about half after seven. Q. Were you in bed? - Yes. She asked me the hour; I told her I did not know, she might come to my bed side and look at my watch; she then made answer to me, and said it was half after seven, I told her she had taken care to get up early enough. Q. What had been the usual time of getting up? - A little before eight, or eight. There was a woman coming to me in the morning, and she asked me if that woman was to come up to me? I told her, yes; and when that woman came, she came up with her, and went down stairs again. Q. Did the woman that she brought up stay all the time in your room? - Yes, she then told me that she was obliged to go Mrs. Hatter's for her mistress before nine o'clock to fetch the clothes home that she had given her, I told her then she must go immediately, for it was twenty minutes after eight then, she then asked me if I please to want any thing brought in? I told her no, and I never saw the prisoner again till she was taken. Q. Were you up that morning before Mrs. Capelen, or after? - Before. Q. Were you up before or after the other lodgers? - I was up first, the maid was up before me. Q. Did you go down stairs soon after you got up? - Yes. Q. In what condition did you find the doors? - I found them all shut. Q. Locked and bolted as usual? - No, I found the street door unbolted. Q. Do you know any thing more of this business? - No, only I lost my cloak. Q. You did not find it again? - No, I did not. Q. Were you present when the prisoner at the bar was taken? - No, not when she was first taken; I was there when we stripped her, and did not find any thing. Q. Who was it took her? - The runners, in Sussex. Q. To Prosecutrix. Had you ordered her that morning to go to Mrs. Hatter's? - No; it was two handkerchiefs that she gave Mrs. Hatter the night before to clear starch, and she could not have done them by that morning, and I had desired her never to go out, or leave the house when I was out or in bed, on no account. Mrs. HATTER sworn. Q. How far do you live from Mrs. Capelen? - Not far. Q. On the 12th of March, did the prisoner come to you in the morning? - No, sir, she did not; I see her at half past ten the night before, when I fetched the handkerchief that she said she was come to fetch; I know nothing more than that she lodged with me; and she said it would serve her mistress right to rob her; she had been with her once and went away, and went back, in the mean time she lodged with me. Q. What were the very words? - She said, that she wished some body would rob her, that she had a great deal of money. Q. Did not you remonstrate with her on this conduct? - I did not. Q. Did you tell Mrs. Capelen of this? - I did not. Q. Do you know where the woman came from? - I do not. Prisoner. I live with Mrs. Adsley, No. 15, Steven-street; she used to receive company, and used to go to the play every night; there were two other lodgers in the house, which used to see different company all hours in the night, she came from the play the night before. Court to Mrs. Willis. Had any strangers been in the house that evening? - There had not been a man in the house that evening, no stranger, I am certain of it. Not GUILTY . Tried by the first Middlesex Jury before Lord KENYON. 200. WILLIAM BIRD was indicted for burglariously breaking and entering the dwelling house of Robert Ellis , about the hour of ten in the night, on the 13th of January , and stealing two live sows, price 4l. and fifteen live pigs, price 4l. the goods of John Bastick . JOHN BASTICK sworn. Q. Where do you live? - In the East Lodge, Enfield Chace , with Captain Monro, I lodge on his premises, in the East Lodge; I am hired by the week at thirteen shillings a week; I look after his beasts ; I pay his gardener one shilling a week for my lodging; it is the gardener's bed; it is the captain's house, but the gardener has his lodging in it. I lost fifteen pigs and two sows the 13th of January, my own property. Q. Where were they lost from? - Out of this Mr. Ellis's premises; he is a man that lives just by, facing the captain's gate. I gave a boy four shillings a week to look after them in the wood, where I had a right to turn them, and so the boy came to take them home at night; they were taken into Robert Ellis 's stables, that is where they were stolen from. Q. How long was it you had seen them before they were taken? - Upon my word I cannot recollect. Q. When was it that you received any information about their being lost? - They were lost the 13th at night, and I went up the 14th in the morning, and they were missing. Q. Did you ever see them again after that time? - Not till I see them at Dagnam, in Essex. Q. Who had them there when you see them? - One Biggs, a baker. Q. Did you know them to be your's? - Yes. Q. How long had he had them? - Very nigh three months; I cannot say how long. Q. When did you see any thing of the prisoner? - I don't know that I see any thing of the prisoner till I see him since he has been taken. This man sold them to Biggs. Q. Were there the same number? - Yes, seven sow pigs and eight boar pigs, very remarkable; the boar pigs were not cut, and two old sows. JOHN BAKER sworn. Q. Where do you live? - In the parish of Westham, on the forest, at the forest gate; I deal in pigs; I buy them to sell again; I am a pig jobber; I bought one sow and fifteen pigs of Bird the prisoner, on the 14th of January, in the pens of Romford. Q. About what time of the day? - One o'clock, as near as possible. There were two sows, but I bought one sow of another man that Bird sold it to. Q. Then when you first see them there, were two sows and fifteen pigs together? - Yes. He said he had been at Walford market with them, and could not sell them, and came across the country to Romford. Q. Did he tell you what his name was? - No, I did not ask him his name. He said he brought them from Enfield Highway. There was another man along with him, and they both said the same. He asked me first for the pigs eight shillings a piece; I told him that I thought five shillings was nearer the mark. He said he had been bid six shillings, and I told him I could not afford to give any more; and I was going away, and then he asked me what I would give him for the sow, and I bargained for the sow at eighteen shillings; and as I was going away, he said I should have the pigs at my price, five shillings a piece. After that the other man that had bought the other sow of me said, as you have bought all the rest, you may as well buy the other sow. Q. Did you see him sell the other sow to the other man? - No. It was in the same pen along with the other. And he and I bargained for the other sow at seventeen shillings. Then we went into the King's Head, at Romford, altogether, for to pay for them. The other red haired man went with me that was with Bird, and my neighbour that is here now, and see me pay for them. When we got in there, I think we had three pots of purl and gin, and I could not pay him that I bought the sow of without changing a guinea; he said it did not make no odds, if I paid all the money altogether, and so the prisoner Bird took the money, five pounds ten shillings. Then afterwards, when we came out, I went to the pen, and sold the pig again to Mr. John Biggs, a master baker, at Tottenham. Q. What did you sell them for? - Eighteen pence a head profit of the pigs, and the two sows for fifty shillings. Q. That is a considerable profit, on them? - It is no more than I often get, or often lose. I went home to the baker's house to help him to drive them, and received the money for them at his house, and I came away home to my own house, I never heard any thing till that day fortnight, when I see two drovers who were going down the road, who had seen them in the market, and was going down to shew Bastick where the pigs were. He had offered two guineas reward for the recovery of the pigs. I went to Romford market, and this man that lost them came to me at Romford market, and told me that them pigs I sold were stolen. Q. When did you see the prisoner again, how soon after? - I never see nothing more of him till last Friday, when I see him at the office in Hog-lane; I described him as well as I could, and they took him, and that was the man. Q. You are very sure that you dealt with him for these pigs? - Yes. Q. You had never seen him before this time? - Not to my knowledge. Bastick went two or three times after the pigs be fore the man would deliver them, and then I returned the money to Biggs, what I told them to him for. Prisoner. I am innocent so far, as they swear to the wrong man. Court to Baker. How long were you with the prisoner bargaining about these pigs and paying him for them? - I suppose about an hour, or somewhere there abouts. SAMUEL ONLEY sworn. I live near Baker, in the parish of Westham, the forest gate, near the Eagle and Child. I went that day along with Baker from our own house to Romford that market day, and I went round the market and when I returned back again to him he was marking these pigs, he was talking with the prisoner at the bar, and another. Q. What past in your hearing between the prisoner and Baker at that time? - Nothing further till we got in doors, no further than he bought a single sow of the butcher back again. Q. At the public house what past? - Nothing no otherwise then I sat at the table and drank a little liquor, and I entered into conversation along with these two men. Q. What past? - Nothing passed than that Baker paid the money to these two men. Q. Was the prisoner either of these two men? - Yes; he received the money and sold the property. Q. Did he pay him the money for both sows and pigs or for only one sow? - For both sows together. Q. Did you hear any conversation pass between the prisoner and any other person respecting where the pigs came from and how he had them? - No further than he said they stood at a great deal of expence of keeping them in the winter and he could not get victuals for them to eat. Q. Did he represent he had the keeping of them in the winter? - Yes; and they lost a great deal of money by them; he said if he had not sold them there, he should have sent them to Smithfield before he went home; and I was going home with another person, in a cart; and between the Coach and Horses, at Hollford, and the Three Rabbits, there is a white gate, which leads up to squire Hulk's, there I see four of them together, the prisoner and three more. Q. Did you leave them in the public house? - No, I came out with them, and saw Baker sell the pigs to Biggs, the four men seemed as if they were parting their money. Q. Had you seen any of these men before that day? - I thought I had seen one of them before, and I asked him a great many questions about Ponder's-end. I kept on, and left them. Q. Had you any conversation, with the prisoner at that time? - No, I never spoke to him. The next day I told Baker I thought the pigs were stolen; and the fortnight after this, this man, Mr. Bastick, came after his property; he came and slept on Wednesday night in John Baker's house, then the next morning I went along with him to this captain Monro's. Q. Did you ever go to Biggs, the baker? - Yes, I have been at Dagnan many a time. Q. But did you ever go about these pigs? - Never. Q. Did you ever see any thing of the pigs after they were sold to Biggs, the baker? - No; I went to captain Monro's house, and I lay there that night, the next day I went to Enfield highway, where the prisoner said he came from, at Romford, by our giving such a good description of the people, they gave us the best advice they could, whereabouts to find them, and we went then to Baker- street, which is little way out of Enfield-road; we went to this other man's house, who was along with this man when he sold the property; we saw him at home at his own house; I would have taken him, but I had not a warrant. The prisoner was not there. Q. Where did you go after? - We went to Mr. Spurrell, at Barton, and Mr. Spurrell granted out a warrant against this man, the prisoner at the bar. They gave us four names; by the description we gave, and he bearing but an indifferent character. Q. Did you go to find him again? - I did not go after them again, but Mr. Spurrell sent the constable of Hilford, and Baker, and there they found him. Q. When did you see him? - Never before last Friday, and then he was in custody. Q. Do you mean that they gave you the names of four different persons which answered the description that you gave of the man, or four different names of one person? - Of four different persons. Q. You never see the prisoner till last Friday, when he was in custody? - No. Q. Then having not seen the prisoner the time it happened, till last Friday, will you undertake to swear that he is the man? - Yes, I can very safely; when he sold the pigs he had the smock frock on, and a silk handkerchief about his neck, and a high crowned hat on. Prisoner. False swearing, my Lord. GEORGE LAW sworn. I suspected this man from the description I had given of him, and I took him; I am out of office, I took him last Thursday, in Enfield highway, he lived at Winchmore-hill. Q. Where was he when you apprehended him? - Walking at the side of the road, at Enfield highway; I took him by the collar, and told him that I suspected that he was the person concerned in stealing the pigs; there had been different pigs stole. Q. What did you say? - I told him that I was surprised that he should be about the neighbourhood, when he was suspected of stealing the pigs; and he told me that he did not know that he was suspected; he told me I was very busy, and when I took him by the collar he told me he would not go with me, without I shewed him my authority; I told him he was my authority, and he said he would not go with me, and he began to pull away, but I held him fast; he swore he would knock me down; I told him it was out of his power to knock me down; he told me I should be done; I told him it was out of his power, and I called a man out of the house, just by, one Boswell, a taylor; and he went in again, and two soldiers coming by, which I knew one of them, I called to one of them by his name, one Ralph, and told him I had got a thief, and one of them assisted me; and we met the headborough; I had sent for him; then I sent for Mr. Bastick, and took him to the cage; the next morning I brought him to town, and persuaded him to turn evidence, for I was sure he was concerned, by the description I had heard of him. There was no prosecutor appeared that day, only the person that bought the sow and pigs, and they said they could swear to him; they thought to admit him an evidence then, but afterwards one Pepper was taken, and admitted an evidence; Bird owned to me of the robbery after he came away from the magistrate's. Prisoner. False swearing. I have nothing to say but false swearing; I have nobody here, I had not an opportunity of getting any friends. GUILTY, Of stealing the goods, but not of breaking and entering, or stealing in the dwelling house . (Aged 30.) Transported for seven years . Tried by the first Middlesex Jury before Mr. Baron THOMPSON. 201. LEWIS BONNEVENTO was indicted for that he, not having the fear of God before his eyes, being moved and instigated by the Devil, on the 2d of April , feloniously, wilfully, and of his malice aforethought, did make an assault on Jack Unscampraw ; and that with a certain large clasp knife, the said Jack, in and upon the right side of his back, feloniously, wilfully, and of his malice aforethought, did stick, thrust, stab, and penetrate, thereby giving to him a mortal wound, of the depth of four inches, and of the width of one inch; of which he languished, and languishingly didlive until the 3d of the same month of April, and then died ; and so the jurors, on their oath, say, that he the said Jack Unscampraw , did kill and murder. Indicted also for the same murder, on the Coroner's inquisition. An INTERPRETER sworn. THOMAS RAPOLO sworn. Q. I believe you live near Artichoke-lane, in the parish of St. George's ? - Yes. Q. Did the prisoner and the deceased lodge at your house at the time that this melancholy affair took place? - The deceased lodged seven months with me. Q. Has the prisoner lodged in the same house? - Yes, one month. Q. When did this business happen? - The 2d of this month, at supper time, about nine o'clock; the men were at supper altogether. Q. How many together? - I cannot tell, because he just came in, and began to abuse, began to quarrel and use bad language to all, sometimes to one, and sometimes to another; then I went into the room, and begged, for God's sake, that he would be quiet, several times; he began then to abuse me with bad language, and then he got up and went to strike me; he did not strike me; the other men there laid hold of him, and prevented him from striking me, and pushed me into my own room; they took me and the man that died, and put us into my own room. Q. Before these persons took you and the man that was killed, and put you into your own room, had any blows passed between Bonnevento and the man that is dead? - No; I sat there, and the man that is dead, and my wife, were trying to make peace, not to have a quarrel. Q. How long did you stay there? - About half an hour. I cannot recollect certain, it is impossible. The prisoner then came and opened my door. Q. Had he any thing at that time in his hand? - No, I never see nothing. Q. Did he say any thing? - He never spoke, but opened the door, and Scampraw flew to the door after him. Q. What happened then? - I never see any thing, only I heard a noise in the passage. Q. Did Scampraw fly to the prisoner in a passionate manner? - Yes, as if he was going to quarrel with him. Q. Was the noise which you heard in the passage, like the noise of people fighting together? - Yes. Q. Did you judge from the noise you heard, that they were fighting together? - I heard them knocking down one another. Q. What happened after that? - I sent for the watchman. Q. Did you see Bonnevento and Scampraw at any time during the time they were scuffling together? - No, I did not. Q. How came you to send for the watchman? - Because there was such a noise I thought they would make a mischief in the house. Q. When did you first learn that any mischief had been done? - I opened the door, and a man just came out of the other room, and cried, I am dead! I am dead! Q. Was that after you sent for the watchman? - Yes. Q. When you heard the struggling in the passage, what means did you take to send for the watchman? Did you go through the passage? - No, my wife threw up the window. I called several times. Q. Then you opened the door? - And somebody put Scampraw into my room again, and he said, I am dead. Q. Did you hear Scampraw lay that before the watchman came in, or after? - I went down to open the door for the watchman, and I heard him say so, and and then I went and see him lay down in my room. Q. You see him laying on the floor? - Yes. Q. Was he bloody? - Yes, he was stabbed; the blood came from the right arm, and the back, in great quantities. Q. When you first see this man, with the blood flowing from him, where was. Bonnevento at that time? - In the back room, and this was it the fore room. Q. Did you see Bonnevento afterwards? - Yes. Q. Had he got any weapon of any kind? - No, I never see any weapon, or any thing. Q. What became of the deceased after he had received the wounds? - He was sent to the hospital, they told me he died at six o'clock; I never see him dead. Prisoner. At the time we were quarrelling together, I stood in my own defence, and he cut me to pieces. MARY RAPOLO sworn. I am the wife of Thomas Rapolo. Q. These two men, Bonnevento and the deceased, lodged at your house? - Yes. Q. What was the first that you observed of any difference between the deceased and this man? - I never observed any thing till the evening; I believe to the best of my knowledge it was about half past eight when the deceased came in to sup. Q. Were there any other persons at supper with him? - Yes. Q. How many other persons were in the house? - The table was laid for the compliment of lodgers that are in the house, the cloth was laid for the whole ten that lodged in the house at that time. I heard a dispute after they were at supper; my husband and myself were settling the accounts of the nine men that were going away, and my husband went in to demand peace, several times; I followed my husband into the room; finding the noise grew higher, and seeing one man of one side of the table, and one on the other, I cleared the table of the knives and forks directly. Q. Who do you mean by one on one side and one on the other? - The prisoner and the deceased. Q. Was there any dispute? - Yes, there was, the people in the room endeavoured to separate them. Q. Had they then got together? - No, I never see them together. One of the evidences, John Doberwick , took the deceased in his arms, and carried him into my room, and I kept hold of him, I shut the door, and held the deceased by the hand, and said, dear Jem, don't go out again to have any more words; and he said, no madam, my passion is over; he was about five minutes with us, and then he said he would go out; and I said, pray do go; and he went on the outside of the door, and the words he expressed were, that he was going to meet his wife. I was going to shut the street door after him, and I see him return to the door again; and I took hold of his hand and said, pray, Jem, don't go back again to cause more words; and he said, I must speak to Mr. Thomas, (he called my husband Mr. Thomas,) for he must go off the next morning at half after six. He came into the house, and the words he expressed were, he had left his beer on the table; and I catched him by the jacket, and I said, Jem, you shall not go into that room. He was going into the same room where Bonnevento was, but I pushed him into ours. I told him there was beer in our room, and he might go and drink there. He was not in a passion at all then. Q. Did the deceased at that time appear to be in a passion? - Not the least. He went into my room very kindly. Q. How long was he there before any thing took place? - I shut the door, and the evidence that is here, and another man, had been out to buy provision, what they call their sea stock, and they were to settle with me, and all the time Bonnevento was very noisy, and he is very troublesome in liquor, but when sober quite the reverse. Q. How was the deceased with respect to liquor? - He did not perceive to be the least the worse for liquor. After we had settled the accounts of these two men, the evidence and another, and then the account of the deceased was just settled, when the prisoner came to the door. My husband ran to keep him from coming into the room, and the deceased followed him. Q. Did either the deceased or the prisoner appear at this time to be in a passion? - The prisoner appeared to be in a passion; the deceased was in serious discourse with us about going away when the door was opened. Q. But when the prisoner opened the door, did the deceased appear to be in a passion? - My flurry was too great to express that; but I endeavoured to catch the deceased by the collar, and he kicked me, but whether through haste of going away, or to prevent me holding him, I cannot say; after that, I found it was impossible to endeavour to separate them; they got into a hustle in the passage, and I threw up the sash, and opened the shutters, and jumped out of the window to call assistances. Q. Were you present when the wound was given? - No, I was not present, nor in the house for above an hour after. I see the deceased when he was laying in the room, and I said, O Jem! and he said, O Ma'am! that was all he said. Q. Do you know how long he lived after? - Not after half after six in the morning; that was the time that he exexpressed so often that he would go off. Q. Did you see any knife? - I see the prisoner have a knife in his hand about a fortnight before. Q. Did you see a knife afterwards? - I did, it was all blood by the appearance of it; I think it was the same knife I saw in the hand of the prisoner. I take my oath, and God forbid I should say false. Mr. Knapp. You say that during the time that he had lodged with you, you had observed him to be of a good disposition when he was sober? - A very quiet man. Q. What sort of a man was the man that he unfortunately killed? - A very peaceable man. JOHN DOBERWICK sworn. Q. Were you in the house at the time Bonnevento and Scampraw were together? - I was. Q. They had no words together at all? - I did not hear it. I see them sit on the chair and had a few words, and then the landlord came into the room, and persuaded him to be quiet, and the prisoner at the bar put his hand on the landlord, because he told him to be quiet. He was drunk, and the deceased took the part of the landlord. Then I took the landlord and brought him to the fore parlour, and then I took Jemmy, the deceased, and likewise brought him to the parlour; then Jemmy, after he was in the fore parlour, he would go to the next parlour, where we eat and drank likewise. Q. In the other parlour where Bonnevento was? - Yes; then the mistress told Jemmy, the deceased, not to go there, but she would bring the beer to the room; then they staid a little while, and the deceased got up and opened the parlour, and then the prisoner was at the door. Q. Did one parlour open into the other? - No, they both open in the same passage. Q. Was the prisoner in that passage? - He was, then the deceased came out of the room, and they began to fight again in the entry. Q. Do you know who struck first? - I did not see the first brow. They were fighting together, and some others endeavoured to part them from each other. They fought a very little time. Then Jemmy, the deceased, went into the other room; he had broke his buckle, and he put his foot on the chair; then the prisoner went to the room door, and he took a knife out of his pocket, and went into the room, and looked round, and began to strike him. He opened the knife at the door, it was a sailor's knife; he began to strike the deceased with his knife. Q. In what posture was the deceased when Bonnevento struck him? - He had his foot on the chair to mend his buckle, and when he felt the stroke, he left mending his buckle, and I took the prisoner by the hand, and I said, what are you about, I ewy? Q. Did you say that to Bonneveno before he struck him, or after? - After he struck him. Q. What were the effect of the blows? - The first was in his arm, the next was in his bosom, and the third was below the breast, but the fourth did not touch him. On his jacket were four holes, but in his body but three. Q. What became of the deceased after he received these wounds? - He went into the parlour where the master of the house was, and I pushed Bonnevento into a corner of the room. Q. At the time that the deceased received the blows, was he speaking to Bonnevento, or did he see him? - The deceased said to this prisoner, in Spanish, I will have your life to-night. Q. When did he say that? - While I was holding of him, before he received the blows. Q. Did you see him when he died? - I went to see him to the hospital. ABRAHAM MARTIN sworn. Q. I believe you are one of the pupils attending the London Hospital? - Yes. Q. Did you see the deceased? - Yes, about twelve o'clock at night, the day the accident took place. He had a wound on the lower and back part of the chest, which had penetrated the cavity, and wounded the lungs. There was a wound on the arm, which penetrated the substance of his arm. Q. Which was the mortal wound? - That on the chest. Q. And is it your opinion that that was mortal, and occasioned his death? - It certainly is my opinion so. GUILTY, Of manslaughter only . (Aged 46.) Imprisoned one year in his Majesty's gaol of Newgate , and fined 1s. Tried by a Jury of half Foreigners and half English, before Lord KENYON. 202. WILLIAM BIRD was indicted for burglariously breaking and entering the dwelling house of William Beckett and Francis Ostliff , on the 10th of February , and burglariously stealing therein eight, live hogs, price 40s. the goods of the said William Beckett and Francis Ostliff . WILLIAM BECKETT sworn. Q. Where do you live? - At Enfield , a brewer , I have one partner, Francis Ostliff. Q. Do you keep house jointly? - It belongs to us both; we live in separate houses; the premises belong to us both. Q. Who lives in the house where the pigs were taken away? - Mr. Ostliff alone. Q. What have you to say as to the loss of the pigs? - On the night of the 4th of February we lost eight of them. Q. Whose property were they? - Joint property of me and Mr. Ostliff. Q. Where did you lose them from? - The sty in the brewhouse yard, in the yard of the house where Ostliff lives. Q. Do you know who took them? - No. Q. When did you see them again? - On the Tuesday following. Q. What day was the 4th? - I think it was Wednesday. Q. Where did you see them then? - I received a letter from Mr. Cottrel, who is a contractor for Government. Q. Where did you see them? - At a house in Kent-street, in the Borough, at the house of Thomas Bell . Prisoner. I have nothing to say; I never saw the property. THOMAS BELL sworn. Them eight pigs I bought of William Bird , on the 5th of February, and another man that was along with him. Q. Are you sure that the prisoner is the man that you bought them of? - Yes, I am sure of it; he said he bought them at Guildford market on the Saturday before. Q. What day of the week was the 5th? - On Thursday. Q. What did you give him for them? - Seventeen pounds nineteen shillings. Q. Were they full grown? - Yes. Q. What is become of these pigs, where are they? - Mr. Beckett and Mr. Ostliff has them. Prisoner. I am not the man, it is very false. Court to Beckett. You say you lost these pigs on the night of the 4th of February, had you yourself seen them on the 4th of February? - I cannot call to memory, but I have a man here can. EDWARD RAPLEY sworn. Q. You are servant to Mr. Beckett? - Yes. Q. When had you seen the eight pigs that were lost on the 4th of February? - The night before they were lost, I see them that night between five and six o'clock, when the boy fed them they were fastened up with a chain and iron pin. Q. Have you seen the pigs since? - I found five pigs alive on Mr. Bell's premises. I am sure they are the same. Q. To Beckett. Do you know your own pigs again? - This man knew better than I did. Rapley. After I found the pigs, I went to the office and got a warrant, and went with two runners, and fetched the hogs, and locked them up till the next day. Prisoner. I am very innocent of the matter; I never was on the man's premises in my life. GUILTY, Of stealing, but not of the burglary .(Aged 30.)(See No. 200.) Tried by the first Middlesex Jury before Mr. Justice ROOKE. 203. ANN ARCHER was indicted for breaking and entering the dwelling house of Peter Exton , Lydia his wife, and Mary Perry , spinster, being therein, on the 21st of February , and feloniously stealing therein nine silk handkerchiefs, value 20s. the goods of the said Peter Exton . PETER EXTON sworn. Q. Where do you live? - In Brick-lane, Spitalfields . Q. Have you a house there? - Yes. Q. Have you a house all to yourself? - I have got two lodgers. I pay the rent of the house. Q. Do you know of any thing being lost? - Not one rush; I know nothing but the property. MARY PERRY sworn. Q. Where do you live? - No. 10, Brick-lane, Mr. Exton's is No. 7. I was at Mr. Exton's on the 21st of February, about five o'clock in the afternoon. Q. Who did you find at the house when you was there? - Mr. Exton's wife. I was in Mr. Exton's shop. Q. What shop does Mr. Exton keep? - A haberdasher 's. Q. Was Mrs. Exton there at the same time? - She was in the back parlour, joining the shop; the prisoner came to the window; she did not come in; she looked at it for some time; she struck at the window, but did not break the first time; she struck it with her fist. Q. How near were you to the window at the time? - Behind the counter, being near the window. Q. She could see you through? - She did see me. She then went away; I then went to the door and looked at her; she got about three door off as I got to the door; she looked at me very earnestly indeed. Q. You said nothing to her? - No. In about ten minutes afterwards I heard the break of the glass. Q. You returned to the shop again? - Yes. Q. Had you seen any body again before you heard the glass break? - No, I had not. Q. You heard the window break? - Yes, and I looked, and I missed a piece of silk handkerchiefs from it. Q. Did you see them taken out of the window? - No, I did not. Q. Whereabouts where these laying, how near to the window? - On a board that lay slanting at the window. Q. Were they within the reach of a person's arm from the window? - Yes. Q. Was the pane entirely broke, or only a small part of it? - Entirely broke. Q. Did you miss any thing? - No. I went to the door, and I see the woman running; I cried out, stop thief, and she was taken with the handkerchiefs on her. Q. Did you see her stopped? - Yes. Q. How far from the door? - I look upon it to be about one hundred yards. Q. You did not lose sight of her till she was stopped? - No. Q. Was she brought back to the shop? - Yes. The handkerchiefs were found on her; we had not dropped them. Q. You see them found? - Yes, they are here. Q. What did she say? - I did not hear her say any thing. Q. Now you are very sure that she is the woman that first struck the window? - Yes, she is. Q. Had you ever seen her before that you know of? - Not before that evening. Q. What was done with the handkerchiefs? - They were taken to the Police Office; from there they were delivered to Mr. Yorke the person who took her. THOMAS YORKE sworn. On the 21st of February last, about five o'clock in the evening, I was standing in my own shop, and I heard the cry of stop thief. Q. How near is your shop to Mr. Exton's-Mine is No. 11 and his is No. 7. I went to the door, and I saw the prisoner at the bar running about the space of ten yards past my house; I ran and I overtook her, and I found this piece of handkerchiefs. Q. Which way was she running? - From Mr. Exton's shop towards Spitalfields church. I suppose she might run about seventy or eighty yards before I took her. I asked her where she got these handkerchiefs from? Q. Were had she them when you stopped her? - Right open in her hand as I have got them now. I took them from her. She gave me no answer. I brought her back to the house; Mr. Exton was not within. I took her down to the office and she seemed to think very slight of it. She told me she knew who did it but she would never tell; but she told the magistrate afterwards that a woman persuaded her to break the glass. Q. I suppose her examination was taken in writing, in course before the magistrate? - Yes, it was. Q. What did you do with the handkerchiefs? - Kept them in my possession.(The handkerchiefs produced.) Prosecutor. They are mine, I know them by the shop mark on them, marked to sell for five shillings and sixpence a piece. Q. To Perry. Though you heard the window break you did not see any hand put in? - No, I did not. Prisoner. I had been to Windfield-street, to an acquaintance of mine, and as I was coming home crossing Brick-lane I see these handkerchiefs, lay and I picked them up, and I carried them along open in my hand, to see if any body would own them. GUILTY, Of stealing but not of breaking and entering the dwelling house . (Aged 30.) Transported for seven years . Tried by the first Middlesex Jury before Mr. Baron THOMPSON. 204. JAMES JAMISON was indicted, for that he, on the 7th of March , with an certain offensive weapon and instrument called a pistol, which he in his hand had and held, on William Williams , in the peace of our Lord the King, feloniously and maliciously did make an assault, with intent to rob him of his goods and monies . WILLIAM WILLIAMS sworn. I am a patrol belonging to Bow-street , a supernumerary man, ever since last October. On the 7th of March I was going off from Smithfield . It was about half past eleven at night. I came to the corner of the New Compter, and I saw this man, and another, and two women standing, and a coach coming by, as soon as soon as ever I came up, he turned about made a very bad expression, and said, who was I? and knocked me down directely, cut both my lips, and grazed both my cheek bones; it was not the prisoner at the bar, another man that was with him. Q. What did he knock you down with? - With his fist of his left hand, I called out to the watchman, and he sprung his rattle directly. The prisoner he did something to the watchman; he seemed to be some where near the watchman, what he did I don't know, he had a hat box in his hand and off he ran. We closely pursued him, and he had his pistol in his right hand, and he said d-n your eyes keep off, or else I will shoot you. Q. Did he present the pistol to you? - Yes he did. Jury. Why did he present it to you? - We were pursuing him, knowing him to be in company with the man that knocked me down, and seeing him with a pistol we pursued him. We followed him as far as the Grey-friars and there we got to him. Q. Did you lose sight of him? - Yes I did, but others see him and told me of him. Q. Were did you find him? - Behind the corner of a dust bin, lying on his face, the pistol was found about twenty yards from him, between some casks that had some dry goods in them, something like some old sugar casks. Q. What became of the other man and women? - I did not see. The prisoner he said nothing, only what he said when he presented the pistol to me. The man that knocked me down had an oil skin hat on. THOMAS PURFIELD sworn. Q. What are you? - A watchman at the corner of Newgate. The prisoner is the young man that the prosecutor gave me charge of, the other man got off. The prosecutor, Williams, was behind this young man and the other, and one of them turned about and knocked down the prosecutor. He immediately called out, watch. Q. Are you sure that the two men were in company? - Yes, and two women besides. Q. How long before Williams came up? - Yes. Q. Were they in company with the women? - I am not sure the women were at the side of them, but whether in company I cannot pretend to say. Q. What makes you say that the two men were in company with each other? - I did not see there were any but these two. Q. Did you hear them speak to each other? - No, I did not; the prisoner got up, and he that knocked him down got off; I see him turn about and go, the prosecutor immediately gave me charge of the prisoner, and before I took charge of him, he gave me a blow and knocked me down, and I recovered, and got after him into Grey-friars, where he got over the rails, and got into a dust hole in Greyfriars, Newgate-street: how he got over the rails I cannot say. Q. How soon was he taken? - In about two or three minutes. Q. Are you sure that the prisoner was the man that knocked you down? - Yes, he was the man that knocked me down; there was nobody there but myself and him at that time. Q. But you lost sight of him after that? - I did, so far as this, I was very close to him, and kept all the way up to him till he came up to Grey-friars. Q. Is there no thoroughfare there? - No. Jury. How did he get over the rails? - I cannot tell; there was a cart going down at the time, I could not pass the cart till the cart came down. Q. To Williams. What sort of rails are these? - Wooden rails. Q. Rather close or open? - Close, there is a door way at the railing, what let the patrol in. Jury. It is a palisade close to the door, and they must get over to get in. Q. What became of the women? - I cannot tell what became of them. Prisoner. I hope you are convinced that I did not molest the prosecutor. JOSEPH DAMPIER sworn. I am an Exchange-broker. On the 7th of March, as I was crossing Newgate-street, between the hours of eleven and twelve in the evening, I observed a man coming across towards me, and another man was coming up and presented a pistol to him, he presented a pistol to him, and he said some words. I don't know what; he made off up Newgate street some few minutes after, and I believe it to be the same man at the bar; the other man then came up, and at the same time he presented a pistol to Williams: he was coming up from behind the dirt. Q. The first man you see was Williams, was he followed by, or was he following any body? - Williams was going down the Old Bailey this side, and there was some dirt, and it was by the lamps that that man presented the pistol to him. Q. To Williams. Can you explain this? - I ran round the dirt, and I turned about from the other, and met him the other way, and when I came up to him pretty near, he did as I related before. I heard him utter some words, but what I cannot say. Prisoner. As I was coming along the same time, I was coming along with two women, there was no man at all with me; I never clapped my eyes on Williams till he cut me with a cutlass; I have the cut on my hat at this time, this watchman came to me, and I cannot say whether I did not knock him down or no. Q. What did you do with a pistol at that time? - I had no pistol on me at that time nor any other in my life. Williams. I was never nearer the man than seven yards: when we found him there was on his hat. Q. Had you cut him there? - No, I never was near him. Jury. You are sure it was a pistol? - I am, I have got it in my pocket at this time; it was as light as it is now; it was about the full of the moon; says he, keep off or I will shoot you. Q. Was it loaded? - Yes, It was, I let it off, there were two pistols, one found on him, and the other found between some casks near where the prisoner I did; a young man found that, and said, here it is. (Produces the pistol that was found on him.) Jury. You found one pistol on him that was charged, and you let it off? - Yes, it was, and I let it off. Q. Why not shew the other pistol? - The other witness has it. -WILLET sworn. Q. Where did you find the pistol that you have now? - Between the casks, about twenty yards from where the prisoner laid. Q. What are you? - I am a patrol; I heard a rattle, and saw a mob of people in Newgate-street, against the corner of Giltspur-street, they turned into Greyfriars; the prisoner had got over some pales with some sharp pikes to them, he got inside there; I tried to get over, and I could not get over; I said, throw me over. I was thrown over; I took him and searched him, he had a knife and nine halfpence in his pocket; I took him over to the Compter, he said, he would wish to speak to me in the morning, he said say that I was drunk and asleep. The pistol I have was not taken from him, it was taken an hour and a quarter after, near the place where he was; I took it myself behind a couple of oil casks within four yards from where we took him, the pistol I have; I took the powder out. (Produced.) Williams. They are screw barrelled both of them. HENRY RICE sworn. I am a patrol, belonging to St. Sepulchre's parish. On the 7th of March, between eleven and twelve o'clock on Saturday night. I and my partner, two of us were left in the watch-house, and we heard the rattle spring, and we ran out directly, and there was a cry of stop thief, and we see the watchmen run, and we ran after them, and when we came there, at the Grev-siyars, they said is the man here? there was no thoroughfare to go through; we see him by the watchman's lanthorn there, he was laying down, my partner and me when we got the gate open, we got him into custody and brought him to the watch-house, the pistols were fired off by the prosecutor; there were two pistols, one was brought into the watch house with him, and my fellow servant went out about an hour afterwards, and found another, and they seemed to be fellows. Prisoner to Mr. Willet. Did you see any thing of this kind in my possession? - I did not, you had three halfpence and a knife; you made no resistance; I said, come along with me, or I will out you down, if you was my own brother I would say the same. I have spoke the truth. HUGHES sworn. I am a printer; I was constable of the night, the only thing I know about it, is the man being brought to the watch-house, and soon after one of the patrols went out and found a pistol, which I have. Prisoner. I was in company with two women, there was no men in company with me, I never clapped my eyes on fire arms till he cut me, and he said that is the man, whether I struck or no I cannot tell. Court to Williams. You was speaking that the prisoner had a hat box; had he that hat box when he was taken? - No, he threw the hat box down, and made off immediately; whether it was empty or no I cannot tell. The watchman had some bustle with him, but what I cannot say, whether he touched him or no, or knocked him down I cannot say. I did not see the prisoner at the time; the other man knocked me down. Q. Do you know what became of the hat box? - I don't know, I was so bloody. Q. Had you any cutlass? - I had. Prisoner. Here is the cut on my hat now. Williams. That was there when he was taken Jury. Is there any body that knows what was in the hat box? Willet. I understand from a man that there was some stolen property in the hat box. Prisoner. I had no hat box. To his character the prisoner called Mrs. Miller, who said he was a printer, and lodged in Noble-street, Goswell-street. Not GUILTY . Tried by the London Jury before Mr. COMMON SERJEANT. 205. JOHN BITTANY was indicted for feloniously stealing, on 1st of April , half a guinea , the money of John Guy . A second COUNT laying it to be the property of Elizabeth Williams . JOHN GUY sworn. I am in the coal trade in Warwick-lane ; the prisoner was in my employment not above ten minutes before he committed the offence; he was hired as a porter ; he was sent by me with five shillings and sixpence, as change for half a guinea for Mr. Williams, he received the half guinea and ran off with it, it was in the fore part of the day. Q. Did she know you sent the five shillings and sixpence. - She ordered the man to get change, he came back from her house to getchange, I had sent coals there by him. Prisoner. As I was coming across the way, I dropped it out of my hand in Newgate-street. Jury. He had your concurrence to get the half guinea? - Certainly he had. MARY ALLEN sworn. I am a servant to Mrs. Williams; I do not recollect the day of the month, the man brought me five shillings and sixpence, and I gave him half a guinea. Q. Who did he bring that change to? - He brought it to my mistress. Q. And you received it of him? - Yes, and gave it to my mistress. Q. What did you give him the half guinea for? - For coals sent by Mr. Guy. Q. When did you take the coals in? - On Saturday the same day. Q. To Guy. What passed when He came back with the half guinea? - he never came back; I never see him till the constable took him, three or four days afterwards. SARAH COVENTRY sworn. I live servant in the house with Mrs. Williams, and I see the half guinea given to the prisoner as I was standing in the passage, and Mr. Guy sent over in about half an hour afterwards to know if the man had the money, and we said it was given him. Prisoner. I cannot hear what has been said. Court. They say you brought five shillings and sixpence, and they gave you half a guinea, which half guinea you never returned. Prisoner. Please you, my Lord, I dropped it out of my hand, as I was crossing the horse road in Newgate-street; and I was ashamed to go back again. Court to Guy. Did you know any thing of him? - Very little indeed; he had worked for me some time before. Q. Do you know any thing of his character? - I do not like to say any thing; report is not very favourable. GUILTY . (Aged 52.) One month in Newgate , and fined 1s. Tried by the London Jury before Mr. COMMON SERJEANT. 206. WILLIAM POPE was indicted for burglariously breaking and entering the dwelling house of Robert Croft , about the hour of seven in the night, of the 7th of March , and burglariously stealing therein, twenty yards of velveteen, value 3l. the goods of the said Robert Croft . WILLIAM WOODLAND sworn. I am servant to Mr. Croft; as I was shutting up the shop on Saturday night, the 7th of March, in Fleet-street, I heard the window break; I was gone for a shutter, I went out and saw a man, I asked him who broke the glass, he said it was a drunken man. Q. Did you see that drunken man? - No. Q. Did you hear a window break? - Yes. Q. One of your own windows? - Yes. Q. What is your master? - A taylor. I went out and asked who broke it; afterwards I stood at the hole till young Mr. Croft came and took all the things away from the hole; I then went back into a court where the shutters stand, and while I was gone for that shutter, he took the piece of goods. Q. Who took the piece of goods? - I did not see who took it. Q. How do you know the goods were missing? - I knew the goods were in the window before. Q. When had you seen them in the window before? - About five minutes before I shut up the shop. Q. What were the goods? - A piece of velveteen. Q. How many yards? - I don't know, it was not a whole piece. Q. What was it worth a yard? - I don't know; I shut up the shop as last as I could. Q. Did you see the prisoner William Pope any where near the place? - No. Mr. Knowlys. Was there light enough to distinguish the face of any man? - It was just getting dark, about ten minutes before seven on the 7th of March. Q. Then there was light enough to distinguish the face of any man? - There was. ROBERT CROFT sworn. I am a taylor ; I was informed my shop was robbed. Q. Is your son here? - No. Q. Do you know any thing about it? - No. Q. Do you know your property? - Yes, I have not seen it ever since. Mr. Knowlys. Is your son with you in partnership? - No, he is but a child. Q. Are you the only person that receives the profits? - Yes. -WILKINSON sworn. I live in Cock-court, Ludgate-hill, neighbour to Mr. Croft; coming down Fleet-street, near seven o'clock on the 7th of March, I saw the prisoner at Mr. Croft's shop; he put his arms through the window and took off the goods in a roll, it seemed to be about twenty yards; he put both his arms through the square. Q. Was it a broken pane before? - I am not certain, I see him take out a roll of goods, and put it under his arm; I then laid hold of him by the collar of his coat, and asked him what he was going to do with it? he struck me on my face a violent blow, he tried to extricate himself, he did extricate himself and ran away. I cried out stop thief, and he ran up the street; and I apprehended that he made his escape; I turned into Mr. Croft's shop, and told Mr. Croft's son what I had seen. Q. Did you see the man? - I saw the man, it is the prisoner at the bar; I am positive to his person. Q. Was it that time of night that you could see a person by the light of the lamps? - It was opposite the door where I took him. Q. Are you positive to the man? - I am very positive. I did not see him again till the Tuesday following. Q. What day was this 7th of March? - On Saturday. Q. Where did you see him on Tuesday? - I did not see him on Tuesday; Mr. Croft sent to me and told me he was in custody, and he would be examined the next day, and I went the next day to the office. Q. Did you recollect him again? - I did. Q. At what office did you see him? - At Bow-street: I am positively clear to him; I had him by his collar so long. Q. How long? - I will not say; a minute; it was so long a time that I am positive he is the man. Mr. Knowlys. The person you laid hold of on Saturday night you had never seen before that night? - I do not recollect I had. Q. You had not hold of him above a minute before he got away from you, and you never saw any man like him till the Wednesday following, and on Wednesday you wen in consequence of being informed that you should see the man that you laid hold of on Saturday; it was probable, therefore, that you would think that was the man that you laid hold of on Saturday? - I see him brought forward on Wednesday, the man that is there, and that is the man that I took hold of on Saturday. WILLIAM HUGHES sworn. I was going up Fleet-street, on Saturday the 7th of March (I am servant to Mr. Liddiard, goldsmith and jeweller, in Paul's Church-yard) I heard a cry of stop thief! the prisoner Pope was about six yards before me; I never see him come past me; I immediately ran after him, and he dropped something by his left hand, down on the pavement; I had a parcel in my hand, I could not go very fast; I kept pursuing him, crying out stop thief! I pursued him across the street, till I came to Fetter-lane; he crossed just at St. Dunstan's Church; he was running towards Temple Bar. Q. Where was you when you first saw him? - About the middle of Fleet-street, near Anderton's Coffee House. Q. Did you take him? - No, I did not. I am positive the prisoner is the same man; he had his stocking down on his left leg; I was close to him when he was taken. When he was first taken he was in Brick-court; the patrol took him; two or three more set on the patrol with sticks and beat him unmercifully indeed. I heard one cry out, d-mn my eyes, where is my knife? I believe it was the prisoner, I am not very certain; they beat the patrol very much indeed. Q. How many patrols were there? - Only one. after that he got away again; he ran into Arundell-street, in the Strand, and there he was laid hold of again; I went up to him again; he was taken into the public house; I said that was the man that ran up Fleet-street; he said, how could I be so hard as to say he was the man? Q. You say he dropped something out of his left hand; can you say what it was like? - Like something rolled up very close together. Q. Did you see what it was? - No, I did not; one part seemed to be rather longer than the other. Mr. Knowlys. It was as high as Anderton's Coffee house where you first see him? - Yes, at the brush makers. JOHN PITT sworn. A few minutes before seven o'clock, on the evening of the 7th of March, I was standing by the end of St. Dunstan's Church, I heard the cry of stop thief, and I saw the prisoner Pope, I immediately followed him down Temple lane into Brick-court; he ran up the steps of No. 5, in the court, and placed himself by a lamp; I laid hold of him, in bringing him down the steps I received a blow on the head, and after that, I suppose twenty more; they beat me while I was down, he with two or three more; they got two or three yards from me and called out, d-mn my eyes, where is my knife? I was quite exhausted and fatigued; I could not follow him any further; some gentleman came and told me that he was taken and in custody; I immediately goes there where he was, and we took him to Bow-street. JOHN SMITH sworn. I was in the chambers, I live just by, in Elm-court. I heard a terrible cry of stop thief! I see three men run away, and heard the cry of murder several times; I ran out and goes into Brick-court, and I see the patrol getting up, I asked him what was the matter? Q. Did you see the prisoner? - We overtook him just as we got in Arundell-street; when I came there I see the prisoner Pope; he looks round and made a horrible expression, and said, d-mn my eyes, Mill. Q. Do you know what is the meaning of d-mn my eyes, Mill? - I do not. Then we walked gradually on to secure him; there were two or three with me; we secured him at last, and then took him to Bow-street. Q. Did you go with him to Bow-street? - Yes. Q. You did not know what he was taken for? - The patrol told us what he was taken for. Q. Did he say any thing as he was going along? - No. Q. To Hughes. Do you know the man that picked up the goods? - It was a soldier that took it up, he said he knew who the property belonged to. Q. To Croft. Have you ever seen the property since? - I have heard of it. WILLIAM WOOLCUTT sworn. Q. Do you remember, about seven o'clock in the evening, on the 7th of March, picking up any goods? - I did not pick up the goods it was given me by a soldier; I was going after the news paper for my master, I heard the cry of stop thief, and a man running. Q. What man did you see? Should you know him again? - Yes, I think I should. Q. Look round. - I think that is the man, I will not swear to the man. Q. Was it like that man? - Yes, it was. I work with Mr. Long, at Christ Hospital. Q. What sort of stuff was it that was given you? - It was stuff that they make breeches of. (Produced) Q. To Croft. Is that the same? - Yes, it is like it, only a little lighter. Q. To Walker. You say the soldier picked it up. Did the soldier know to whom it belonged? - He said he did. Q. Did he tell you who it was? - No, he did not. Q. To Croft. What quantity was there that you lost? - About twenty yards. Q. What is it worth? - About three shillings and ten-pence a yard. Mr. Knowlys. Was this only a part of a piece? - What we call half a piece. Q. Had you seen it in the course of that day? - I think I see it several times in the day. Q. Had there been any cut off? - Yes. Q. Then, perhaps, you cannot tell of your own knowledge what quantity there was remaining? - I am very certain there was not more then two yards cut off from it. Q. You have a journeyman who might have cut some off from it? - No, it was my son. Q. Then you know only from what he has said, and he ought to have been here. Prisoner. Most noble lord, I leave it to my counsel; I have nobody here to my character of any sort. GUILTY . Death . (Aged 28.) Tried by the London Jury before Mr. Justice ROOKE. 207. WILLIAM LANGDON was indicted for feloniously stealing, on the 1st of April , twenty-one yards of fustian, value 3l. the goods of Samuel Swan ; and WILLIAM LEATHERBY for feloniously receiving the same, knowing it to be stolen . SAMUEL SWAN sworn. I live in Bread street, Cheapside . Q. Were you robbed at any time of twenty one yards of fustian? - Yes, I believe I was. The first intelligence was last Monday night, it was found in a box belonging to Leatherby; I see it in his box; he is a servant to Mr. Gouty. Q. Where was his box at that time? - I believe in Old Fish-street, at Mr. Gouty's, a dry salter. Q. How came you to go there? - In consequence of an information given me by Langdon. Q. Who had the property that you saw at Mr. Gouty's? - The constable. Q. Was Langdon a servant of your's? - Yes, he was, about six weeks. Q. What sort of a servant? - Not a very good one. Q. Did he sleep in the house? - Yes, and boarded in the house; he carried out parcels. Q. What is your business? - A Manchester warehouse . THOMAS GREY sworn. I am brother-in-law to Mr. Swan. By the promise given by the prosecutor to Langdon, that he would not hurt a hair of his head if he would confess his connections, which he cordially did. Q. Did he say any thing about himself? - He did not say any thing about himself; he only gave information about one Townsend. Q. To Swan. Are you brother-in-law to Mr. Grey? - Yes. Q. I understood that you made a proposition that you would not hurt a hair of his head, if he would make a confession? - If you will give me leave, we will produce a piece that was found on Langdon. Q. Are you talking about these twenty one yards of fustian? - The twenty one yards were not found on him. Both Not GUILTY . Tried by the London Jury before Mr. RECORDER. 208. FRANCES MOLTON CRANMER was indicted for burglariously breaking and entering the dwelling house of David Levy , about the hour of nine in the night, on the 7th of September , and burglariously stealing therein, a silk gown, value 20s. a white flowered muslin gown, value 10s. a plain muslin gown, value 10s. a red and white cotton gown, value 10s. a dark blue cotton gown, value 10s. a black silk petticoat, value 10s. a white Marseilles petticoat, value 5s. a pair of womens stays, value 15s. a white corded dimitty petticoat, value 2s. two flannel petticoats, value 3s. a brown flounced stuff skirt, value 5s. a worked muslin apron, value 6s. a striped muslin apron, value 2s. two book muslin handkerchiefs, value 5s. two double lace caps, value 15s. a dress lace cap, value 10s. two pair of womens cotton stockings, value 2s. a large cotton shawl, value 2s. a pair of womens Callimanco shoes, value 2s. a black silk mode cloak trimmed with black lace, value 15s. a white Bath beaver coat, value 5s. a black silk bonnet trimmed with black lace, value 5s. a black silk bonnet trimmed with black lace, value 2s. a silk sash, value 1s. two white linen frocks, value 4s. 2d. a damask table cloth, value 10s. two huckaback table cloths, value 4s. two damask linen breakfast cloths, value 2s. two pair of linen sheets, value 3s. two pair of linen pillow cases, value 3s. four linen shifts, value 6s. five mens linen shirts, value 15s. three pair of black worsted stockings, value 3s. four pair of mens black stockings, value 5s. two muslin handkerchiefs, value 3s. a check linen apron, value 1s. a piece of worked silk, value 5s. an alarm clock, silver dial plate, and silver chased sides, value 10l. two silver tea spoons, value 2s. and a gold ring set with garnets, value 3l. the goods of the said David Levy . A second COUNT, for that she on the same day, being in the same dwelling-house, about the hour of nine in the night, burglariously did break to get out of the same.(The Case opened by Mr. Knapp.) MARY LEVY sworn. Q. You are the wife of the Prosecutor? - Yes. I live in Green-street, in New Town, in the parish of Stepney . Q. Do you know the prisoner at the bar? - Yes. The prisoner was my servant only nine days. Q. On the day laid in the indictment, the 7th of September, on a Sunday, did you fasten the house? - I did, when the prisoner at the bar came home about half after seven. Q. Did you fasten particularly the window? - I fastened the kitchen door, but the kitchen window I did not. Q. Is there a passage that goes from your kitchen into the yard? - There is a door that parts off our passage. Q. How was the passage door fastened? - With a padlock and staple, and then a peg drove down into it. Q. How soon did you discover that this door and your kitchen door was open, and the property was gone that you missed? - About ten minutes after she was gone, about ten or twelve minutes after nine. Q. When did you discover the kitchen door open? - I went up stairs to put my little boy to bed, and when I went up stairs, the prisoner at the bar was sitting in the kitchen with the kitchen window open. Q. When did you discover your passage door open? - About ten minutes after nine, I had been up stairs putting my child to bed, our beer generally comes for supper about nine, and when the man brought the beer, the man says, do you know that your gate is open? I was coming down stairs and I heard it, and I went and saw it open, and I came back again and went into my kitchen and found the prisoner and the things were gone, all in the indictment Q. In what part of the house had these things been used to be kept? - They were in the two pair of stairs front room in the drawers, the drawers were all locked, they belonged to me. Q. You are the wife of the prosecutor? - I am. Q. What was the value of these things, ten or twenty pounds? - Twenty pounds will not replace them again what she took away. Q. Can you fairly and conscientiously say that twenty pounds would not replace them again? - I can, and more than that would not indeed. Prisoner. My mistress set me to washing on Sunday between ten and eleven o'clock. There are two things quite wrong. You have mentioned shirts and table cloths in the indictment, that you know I am clear of, as clear as a child unborn. THOMAS DOUHTY sworn. I am a clock and watch-maker at York, I lived formerly at Wisbeach, in Cambridgeshire. Q. Did you live at Wisbeach at the time of this business? - Yes. On the 10th of September last, or a few days before that a woman came to my shop with a square time-piece to sell, it is an alarm, she asked me if I would buy it, she told me she was recommended to me by a Mr. - , a hosier. Q. Should you know the woman if you was to see her? - I should not know the woman positively, seeing her only but ten minutes, and never seeing her since, I cannot positively say, I think she is the person; but from the difference of dress I cannot positively speak to her. Q. Did you purchase this clock of her? - I did. I offered her two guineas, she at first refused to take the money, but at last she took it, I have it in my pocket.(Produced.) SACKLING HOWE sworn. I am a watch-maker, at Downam, in Norsolk. Q. Do you know the prisoner at the bar? - Very well. Q. Did she come to you at any time, and when? - She did not come to me, I have got some goods. Q. Where did you get these goods from? - From the Queen's Head, at Downam, the prisoner had lodged one night at this house. Q. How near to this time? - About the 19th of October. Q. How long before she was apprehended? - The night before, I was informed so by the woman of the house. Q. Did you apprehend the prisoner? - I did not. Q. Who did? - I don't rightly know, but they passed the goods through two or three hands. I took them by the desire of the justice during her absence, and the night after she came to the same house again; and then they sent me word that the prisoner was returned, and I desired the constable that night to take care of the things. Q. Did she claim them as her property? - She did, on the 22d of October. Q. Did she say any thing else to you? - I told her there were some things in the bundle that I had got; I asked her whether they were her's? and she described a black handkerchief as her's. Q. Did she claim the whole of the goods to be her property? - Yes. The whole of the goods that I have now in Court; she described many things that were in the bundle, told me of two different gowns. Q. Who was present besides yourself? Was any body that is here? - No.(The things produced.) Q. Were they packed up in that box together? - They were packed up in a large black handkerchief. Mrs. Levy. That clock is my property; it is a present made to my husband, we have had it upwards of a twelvemonth in our possession. Q. To Howe. Do you know the value of a movement of that kind? - They are things that are not saleable in our part of the country; it is an antiquated piece of goods. Q. Is it worth two guineas? - Surely it is worth more to some people. Mrs. Levy. Here is a mode cloak, I know it is mine, it is worth a guinea, but I do not value it at that. This silk gown valued at twenty shillings, but it is worth upwards of forty shillings; a petticoat worth half a guinea; these four gowns are mine, these shoes are mine. Q. How lately before had you seen these things? - In the morning I was up stairs. Q. How soon after did you miss them? - Within two minutes after she was gone. I found all my drawers broke open. Prisoner. I lived servant with Mrs. Levy. She set me to washing on Sunday, and I asked her leave to go out; and mistress and I had words, on account of washing on Sunday, and I was very sorry in my mind, her setting me to washing on Sunday; and I asked her leave to go out about three or four in the afternoon, and I never returned no more home. I have never a friend in the world. GUILTY , Of stealing the goods in the dwelling house. (Aged 17.) Death . Tried by the first Middlesex Jury before Lord KENYON. 209. JAMES GOODMAN was indicted for feloniously stealing, on the 12th of February , two silk handkerchiefs, value 4s. the goods of John Harrington .(The case opened by Mr. Gurney.) JOHN HARRINGTON sworn. I live at 246, in the Strand . On the evening of the 12th I saw the prisoner at the bar, Thursday night. He came to my shop with a young lad about seventeen; he asked to look at some worsted gloves he asked for some blue washing gloves; there were some worsted gloves that lay in the window; the window from the door to the counter is enclosed with a little grating, and inside of this grate were laid some silk handkerchiefs, gloves, and several other articles. I saw the boy very busy at the grate and I suspected him to be a thief, and presently he cried out to the other, come on James, and went out. I knew he had taken something, but I did not see what he had in his hands. I immediately asked my wife what she had lost from the window.(The prisoner did not go along with the boy he staid talking with my wife,) she said the other handkerchiefs were lost. Q. Was that in the hearing of the prisoner? - Yes. Q. What did she mean by the other handkerchiefs? - I had part of the same piece stole on the Tuesday evening before. Q. Were they silk handkerchiefs? - Silk. At the moment the boy went out of the shop, I charged the prisoner with being a thief, and an accomplice of the lad that was gone out, and I shut the door to at the same moment. Q. What did the prisoner say? - He said he had no knowledge of him, he never knew him. Q. Did they come in together? - The prisoner come in first. Q. Did the boy follow him close? - As close as possibly he could be. Q. The prisoner had been in your shop the evening before, was any body in company with him then? - The very same lad. Q. What did they inquire for then? - The same articles. Q. Did they buy any thing either on Tuesday or Thursday? - No, on neither of the days. He attempted to go from me; I said he should not go from me, till he had got somebody to give him a good character. I then sent for a constable and he searched him, he had a brass shilling, a good shilling and a knife that I found on him. Q. When was it the prisoner tried to rush out of the shop, before you took the things from him? - Yes. Prisoner. Did you search my fob there? - I did not see him search his fob; I did not take notice. Mrs. HARRINGTON sworn. Q. On the evening of the 12th did you see the prisoner at the bar? - I did; he came in with a boy; he asked me for some gloves; I shewed him some; he said he did not like them; I told him to give them back again if they would not do; I went round the counter to take some worsted gloves, to shew him and I see a silk handkerchief laying by the side of the gloves. Q. How many handkerchiefs were there? - Two handkerchiefs were on the counter and the boy asked what was the price of them? I took the gloves and shewed them the prisoner, the boy had the handkerchiefs laying down by the side of him. The prisoner asked me the price of the worsted gloves; I told him fourteen-pence, that instant the boy went out at the door, and my husband came into the shop; he was not in the shop before, and asked me whether I missed any thing? Q. Did you miss any thing? - I did, two silk handkerchiefs from where I took the gloves; the boy in running out said, come along Jem, or come on Jem. Q. You searched the prisoner, when he was taken? - Yes. Q. To Prosecutor. What is the value of the handkerchiefs? - They cost four shillings and sixpence each. Prisoner. I am a smith by trade, and my hands being chopped it being cold weather, I went in to buy a pair of gloves to put on. I asked the woman if she had any blue gloves? She shewed me some. I see a boy coming into the shop, and while I was talking about the gloves, I see the prosecutor come from the other end of the shop and he said to the woman, did you see the boy that run out take any thing away? and she said, she did not. He said to me, did you see the boy take any thing away? I said, I did not. He then said, you are an accomplice; they immediately sent for a constable, and searched me. I had half a guinea and six pence in my fob, which they did not search. I have several people to my character. I never was taken up in my life before. The prisoner called three witnesses who gave him a good character. Not GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 210. ELIZABETH ATKINSON was indicted for feloniously stealing, on the 12th of March , a silver watch, value 40s. a steel watch chain, value 6d. and a base metal seal, watch key value 1d. and half a guinea, the goods and monies of John Craxford , privately from his person . JOHN CRAXFORD sworn. I am a livery servant ; I was robbed on Thursday the 12th of March last, in the morning, about two or three o'clock; I cannot swear to the hour I was robbed; I was in liquor, coming down Holborn; this woman accosted me in Holborn, and asked me to go to her lodging. We called at a public house, and had a glass of spirituous liquors. I changed a French half crown. I went home with her to No. 4, Matton lane, Clerkenwell . I pulled off my boots and coat, and slept in the room, and in the morning I found this woman had left me, and I missed my watch, and likewise half a guinea in gold. With that, finding myself in the room alone, I called the watch, and the watch called the constable. Q. Now, are you sure that you had your watch at the time you went into the room with her? - I am certain I had, because I looked to see what it was o'clock. Q. What time was it when you awoke and called the watch? - About half after four, or near five. Q. Did you find your watch? - I did not find my watch, I found some few halfpence. Q. Did you see your half guinea when you went into the room with her? - No, I did not. Q. Have you ever recovered any of your property? - None at all. I have seen my watch in the constable's hands about an hour after the same morning. Q. How soon did you take her up after this? - About an hour after, the constable and watchman went in pursuit of her, and took her in Hatton-wall, Leather-lane. Q. What distance is that? - Three or four hundred yards, I cannot justly say. Q. Was she searched? - We searched her when we went into the public house, she said, she would go back to the same room, and see if she could find it. She went back to the room. Q. Did she deny that she was the same person that had been with you the over night? - She did not deny that, but she denled that she had got the watch; the constable took it from her. I heard the chain rattle; I see it in the hands of the constable. The constable says, here is your watch. I went to the justice, and the justice made me prosecute her. I wish to have my property again. Q. Was it by your directions that this woman is indicted for a capital offence, or did you leave it to the officer? - I left it to the officer. SAMUEL BURR sworn. I am a headborough. Q. Have you ever seen the prisoner, Craxford? - Never before that time. Q. Were you called to this woman's lodgings? - I was called by the watchman. Q. How do you know it was the prisoner's lodgings? - I did not know till I went there, and found the man there. Q. What was it o'clock? - About five, or nearer six. Q. What happened when you went there? - I found the watchman and this man here there. I found the watch, I see the prisoner take it from her side, and give it the watchman. I had searched her pockets before; I ordered her to strip herself to see if she had any duplicates I found seven shillings but no half guinea. The prosecutor said he did not wish to prosecute her at all. ROBERT BEAR sworn. I am a watchman. Q. Were you called on this morning? - I was, on the morning about five o'clock. I went to this woman's room; the prosecutor was there; he said, he had lost his watch, and half a guinea. I sprung my rattle, and several watchmen came up from St. James's, Clerkenwell. I pulled the bed about, and found two pence halfpenny. I asked him if he knew the woman? He said he knew her very well; and on coming along Hatton-wall, I found her about seven o'clock. We went to her lodgings, and the constable searched the drawers, and bed likewise. We found the watch as she was going to prison. Q. In the street? - No, in her room. Q. Who was it produced by? - By the prisoner; she had it in her hands; the half guinea was never found at all. The constable has the watch. Q. To Burr. Have you kept the watch from that time to this? - I have. Prosecutor. It is my watch, No. 1396, Andrew Newton and William Kelly on the face of it. Prisoner. I was rather in liquor, and I went to this house, because I knew it to be open. I wanted something to drink. This gentleman left his watch in the room. I took it to take care of it; and as to taking his watch to keep it, I did not. He has sent twice since I have been in confinement, if I could raise money he would not prosecute me at all, but I could not; I have no friends at all. Not GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 211. JOHN DUNN was indicted, for that he, on the 4th of February , on Thomas Price , in the peace of God, and our Lord the King, then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and that he, with a certain gun called a carbine, loaded with gun-powder and leaden shot, which he in both his hands had and held to, at and upon the said Thomas Price , did shoot off and discharge; and that he the said Thomas Price, by such shooting off and discharging, in and upon the right breast of him the said Thomas Price, did strike, penetrate and wound, giving to him the said Thomas Price , in and upon the said right breast, a mortal wound, of the depth of eleven inches, and breadth of two inches, of which he instantly died ; and so the jurors on their oath say, that he the said John Dunn, him the said Thomas Price did kill and murder. Indicted for the like murder on the Coroner's inquisition.(The case opened by Mr. Const.) RICHARD FITZGERALD sworn.(The witnesses examined apart, by the prisoner's desire.) Q. What are you? - I am a patrol in Castlebaynard ward. Q. Do you recollect any thing particular taking place on the 3d of February? - Yes. There is another patrol besides me, and we were on our round between twelve and one. I was coming along Great Knight-rider-street. There was a coachman and coach there; it being frosty weather, the coach had got into a sort of bog. When I got to the end of Sermon-lane, I heard the cry of, Watch, and Murder! and I ran up to the upper end, where I heard the noise, and there was another watchman that was on that beat, that got into this house before me, (into this house where Mr. Dunn was) the corner of Sermon-lane . One Harvey, a bricklayer, inhabits it. Q. Does the prisoner live in that house? - That is more than I can tell you. He was in the house, but it was the wife that I saw below stairs. Q. Did you find the prisoner there? - Not at this time. Q. Did you get into the house? - I did. The woman, Mrs. Harvey, stood in the passage, wringing her hands, begging of the watchman for God's sake to give her a light. I desired the watchman to open his lanthorn, and if he had a bit of candle to give her. He had none. She said she had plenty up stairs, but she was afraid to go up for it. I asked her what for? She said that her husband was crazy, and in liquor, and she was afraid he would murder her. I then called to another watchman to give her a light. Just as soon as we got out of the door, the prisoner followed us out with a pair of pistols, one in each hand, and he followed us out, it may be forty or fifty yards down the street, swearing that he would blow our brains out; so I turned to him, and asked him, what would you blow out my brains for? I am a servant of the ward. Q. The woman said, my husband, who did you suppose she meant by that? - I don't know that. He wanted to know what brought us nigh his home; so after telling him I was the servant of the ward, he said, go along about your business, and the first watchman that I meet again coming nigh my house, I will blow his brains out. Q. Was this in or out of the house that he said this? - Out of the house. As soon as I got down to the lane's end, I met two more watchmen, and consulted with them to see what was best to be done; and out of the Black Swan passage, just facing the corner of Mrs. Harvey's house, Price, the deceased, came out there, and he sprung a rattle. Q. Had the prisoner then returned to Mrs. Harvey's house? - Yes, he was in the house then. He was at this time inside of the house, and the door shut on him. I went up to the man that sprung the rattle, and I clapped my left hand to his breast; says I, no more of that. Another of the watchmen followed me, coming up as far as the middle of Sermon-lane, springing his rattle after me. I checked him for that, and desired him to go along directly to his beat. Q. Did you see the prisoner after? - Yes. Q. Where did you see him? - I told Price, and a man of the name of Butler, that is here (I met them going into the Black Swan passage before me,) and I says to them, now, mind what I tell you, if you do not, I will report you, each man keep to his beat, and make no more object of that house than any other house, and by the time we may be got round again, it may be about a quarter of an hour, and this man may be got to sleep. I sent Butler Sermon-lane way, and I went round the church-yard, with Price, the deceased. I turned down Paul's Chain with him, and we came along little Carter-lane. Now, says I, let me go before you, for he can see you when he cannot me; I did get a few yards before him, and the prisoner was at the first pair of stairs window. Q. Was that when you were going to pass by Mrs. Harvey's house? - Yes; I was coming up towards it; when I came to Mrs. Harvey's, I see the prisoner at the one pair of stairs window, with the piece projected out of the window. Q. You mean the fire-arm? - Yes. Q. At that time was the deceased with you? - Yes. I turned back to the deceased again, and I told him, you must go the reverse round your beat again; for, says I, this man is like a fowler, with his piece levelled out at the window; and says I, leave me to watch his motion. In a few minutes after this, he came down stairs, the prisoner did, and he went along Carter-lane, for about the value of thirty or forty yards. Q. Had he at this time any thing in his hands? - He had a pistol, if not two, but I will not take on me to say whether he had two or no, but he had one pistol, which I can clearly swear to, and he called out Watch, Watch, twice, where are you now, you thieves? Q. How near were you at the time? - I kept as close to him as possible with propriety, perhaps about fifty yards. He came down along then, and faced Great Carter-lane, as if returning home, and passed his house, and faced off Carter-lane, and he called out, Watch, there in Great Carter-lane. There was a spare man that belonged to us there, and it was his second night of doing duty, and he came up to him, and said, he would blow his brains out. Q. Did you hear him say so? - I did. Q. Did you hear that watchman say any thing to him? - There were a good many words passed; he begged his life, and said he did not know him, and begged, for God's sake, he would not blow his brains out. The prisoner said he knew him, he was one of the thieves that was about his house. The prisoner left the watchman then, and faced towards home; and getting up Little Carter-lane, he fired a pistol wantonly, out of bravado, and then he got into his own house, if it be his house, or Mrs. Harvey's house. Then I gave the charge to all the watchmen, for every man to keep regularly round his beat, and not to crowd about the house; and then I came to the officer of the night, and told him what had happened, in the watch-house; and the other patrol, I desired him to make his off-set, and desired him to keep the watchmen separate, or else there would be mischief done; and then I went out no more that night. Mr. Knowlys. This watchman, the deceased, I believe his beat did not extend to the prisoner's house? - No. Q. When you first came to the prisoner's house, I believe you heard a considerable noise? - Yes. Q. When you first came up to the house, and see Mrs. Harvey, did she not tell you (recollect as well as you can) that she was afraid to go up stairs, for she thought the man was crazy? - She said, he was crazy, and in liquor. Q. Are you sure that she added, and in liquor? - I am sure she said he was in liquor. Q. Are you sure that the woman, besides saying that he was crazy, said that he was in liquor? - Yes, I am; and she said, he has got a pistol above stairs, well prepared. Indeed, mammy, said the little girl, he has got two and a gun. Q. Did you go into the house? - I did. Q. Did you observe any thing thrown about? - Yes, some tea-tackle. Q. A considerable quantity laying on the floor, perhaps? - There may be between three and four cups and saucers, and a tea-pot broke. Q. Did you observe any child's victuals scattered about? - I cannot say that I noticed that. Q. Had you the curiosity to go into the bed-room at that time, either before or after this melancholy accident took place? - The next day I was up in the bed-room. Q. Did you see the state in which the curtains of the bed were? - Upon my word, I cannot say. Q. Did you see, among other things, a jug of water broke? - I cannot say, indeed; if I did, I do not recollect. Q. You say this man, in Carter-lane, fired a pistol off wantonly, I want to know what you mean by wantonly; there was no person there to be fired at? - No, there was not. Q. You more than once repeated your desire to the watchmen, that they might not go to disturb him? - Not to notice the house more than any other. Q. That you thought necessary to repeat twice? - I did, if not more. Q. Did not you add at the time, that you thought the man was crazy, and might do mischief? you yourself thought he was mad at that time? - As for madness I will not take on myself to say, but I know he was in a mad humour. Q. You not only mentioned it to them and the constable of the night, but to several strangers; you mentioned it to the man that went out after you to give them the same charge? - I did. Q. The man was calling the watchmen thieves? - His language was, you bloody thieves, the first I catch coming nigh my house, I will blow your brains out. Q. He seemed to have no resentment against any person, but persons under the description of watchmen? - No, not that I conceived. Q. You found that with good words, so far as yourself was concerned, you pacified him very easily? - Yes; when he had parted with me he went into the house. Q. Did you find that fair words had effect on him? - Yes, that was what took effect on him, I could see nothing else take effect on him but that. Q. Did you hear a gun fired out of the window at the time you was a good way from the house? - No; but after I got into the watch-house I heard the report of two, whether they were pistols or guns I cannot say. Q. Did you not observe that the springing the rattles seemed to make the man wilder? - He was in the house when Price, the deceased sprung his rattle. Q. I thought you said that Price sprung his rattle twice? - No, it was another man up Sermen-lane that sprung the rattle. Q. Had you an opportunity of seeing what effect the noise of the rattle had upon his mind? - No, I did not see that. Q. Did he come out of the house a second time before the noise of the rattle? - No. Mr. Trebeck. If I understand you right, you heard three guns fired off, you saw one and heard two afterwards? - Yes. GEORGE PUTNER sworn. Q. You are also a watchman in Castle-baynard ward? - Yes. Q. Do you remember going with Fitzgerald on the night of the 3d of February, on hearing some noise? - Yes, I went to Sermon-lane, to Dunn's house, where the prisoner lived; I heard a noise of murder, before I got to the door; after that I heard a voce say, watch! when Fitzgerald came up, he asked me what was the matter? the woman, Mrs. Harvey, opened the door; she told me afterwards she was Dunn's wife; she said to me and the patrol, come in; I walked in first, the patrol followed me; when I came into the room the woman had no light; the woman says to me, watchman, give me a bit of candle; I answered I have none but what is burnt; the patrol made answer, if you have a bit give it her; I immediately opened my lanthorn, in my lanthorn was a save-all, on that save-all was a small bit of candle, I light the candle, and gave the candle and save-all into the woman's hand; the woman made answer, I have light enough up stairs, but I durst not go after it, for I am afraid I shall be murdered; she said he kept a pistol up stairs loaded. Q. What did you understand by that? - She said no further than that; a little girl made answer, yes, mammy, he has two and a gun; immediately I heard the footsteps of somebody coming up stairs in a hurry, I took myself out of the house into Sermon-lane, the patrol with me; and Dunn came after us down the lane, saying, you bloody watchmen, I will blow your brains out; we both went to the bottom of the lane, then we both turned round and faced Dunn, and Fitzgerald said to Dunn, what makes you to follow us, we have not affronted you, nor do we intend to affront you; he made answer again, you bloody watchmen, I will blow your brains out, he then at that time went back to his own house, and Fitzgerald and I we went round our Q. After that how soon did you see or heard any thing of him? - I see him at a distance about a quarter of an hour after, in Sermon-lane, with a brace of pistols in his hand, when I saw the pistols in his hand, I thought I would keep out of his sight till my two hours were out, and I came to be relieved; I went round between the hours of one and two; I was coming down Carter-lane, three quarters of an hour afterwards, Price, who was then on the other side of Carter-lane, on the Old Change beat, says to me, partner, what had we best do in this matter? he said, I think it will be proper to acquaint Mr. Strutton with it; within a few minutes after this he came up after me, saying, you bloody watchman, I will blow your brains out; I ran across Carter-lane, into King's Head passage, Dunn followed me into the passage; I thought it would be proper to put my light out, I had no time to stop to put it out. Q. Why did you put your light out? - To shun Dunn, thinking if he lost my light he might lose me; I shook my light out, and when the light was out Dunn did not come through the passage, but he stopped there; I went through the passage into St. Paul's Church-yard, to the opening of the Black Swan-passage, there a man came to me, one Mr. Simpson by name, saying to me, watchman- Q. What did you do? - I then heard some voice coming up St. Paul's Churchyard, supposing it was some just come from the watch-house, that Price was gone for; they came no further than Paul's Chain, went down Paul's Chain, came up Carter-lane, I went down Carter-lane, expecting to meet them in Carter-lane, which was facing Dunn's house. When I came to the end of the passage they were not come up, I went a little way up the passage again, I then see Dunn standing in Sermon-lane, a little way off. Q. Had he at that time any thing in his hand? - He had a gun. When the man came up Carter-lane to Sermon-lane, they entered the opening of the lane, and just at the entrance of the lane Dunn presented his piece immediately. Q. Who did he present his piece to? - I don't know exactly. Q. Who was in the company? - I see Mr. Crickett for one, and Mr. Shutt for another, and Price, and one Green, as they drew nigh towards Dunn, Dunn fired the piece. Q. Did you hear him say any thing at that time? - Not a word. Q. What was the effect of that piece being fired? - Price immediately dropped to the ground after the report of the piece, I instantly stooped to Price, saying Price, are you shot? Price answered me slowly, I am; I immediately saw Price's coat on fire, on the right breast, I clapped my hand on it, to put the fire out; I put the fire out of his coat, and the blood of his body gushed out. He was a dead man within five minutes. Q. Was Dunn secured on the spot? - He was, Mr. Crickett first took hold of him. Mr. Knapp. Mr. Putner, at the time that you first went to this house, you immediately saw Mrs. Harvey, the woman? - Within a minute or two. Q. I believe she seemed to be in a considerable slurry and alarmed? - She did, she wanted a light, but she was afraid to go up stairs. Q. Did she tell you why she was afraid to go up stairs? - She told me she was afraid to go up, for fear she should be murdered. Q. Did she say any thing of this sort, that he was out of his senses, or that he was mad? - Not a word of the kind. Q. Did she say any thing of this sort, that he was crazy? - Not a word of the kind. Q. Was you with Fitzgerald at this time? - I was with him. Q. You did not hear him say that he was crazy, and in liquor? - I heard her say that he had drank liquor, more than he ought to do. Q. When you see Dunn, from the whole appearance of him, did you believe him to be a person in his senses, through his whole conduct? - He seemed a man very resolute; I cannot think the man any way crazy. Q. Now, you said you would go to Strutton; what is he? - He is a hair dresser. Q. Has he any other occupation besides that? - I don't know whether he has or no. Q. Do you know that he is the keeper of a mad-house? - Not that I know of. Q. Did you go into the room after Dunn was apprehended? - I was fully employed with the man that was shot. Q. Did you go into Dunn's room, after the prisoner was apprehended? - Yes, I went there. Q. Did you observe any thing there with respect to the appearance of the room? - Yes, there was a deal of furniture broken up, earthen ware chiefly. Q. Did you go into his bed room? - No. Q. Did you observe any boxes in the room? - I cannot say that I did. Mr. Const. You was asked about Strutton. Perhaps you know Strutton? - Yes, I do know him. Q. Has he any thing to do with the watch? - He has. Q. It was for that purpose you meant to go to him? - It was. CHARLES HUNDERDRY sworn. Q. Were do you live? - In Carter-lane, No. 28, I keep the Black Swan. Q. Do you remember any thing that happened on the night of the 3d of February last? - I do; about one o'clock I heard a great noise, and hear the cry of murder, from Mrs. Harvey's daughter; I opened the door, and looked out, and did not see the door opened, and I shut my own again, and a little after that I heard a very great noise, and the watch was called, and there was a noise in the house, with the watchmen and the prisoner at the bar as it appeared to me. Q. Did you see the prisoner come from the house? - I see the watchmen come and the prisoner, he drove the watchman down Sermon-lane. I see him return and go in doors, after that the window was thrown up of the bed room and a pistol fired; I see the window thrown up, but I did not see the pistol put out of the window, I heard the report of it; I see the prisoner after that in my one pair of stairs room, and through one of the holes of the window shutters I see him load two pistols, when he had loaded them, I see him take hold of some other piece which I thought was a blunderbuss or a gun; while he was loading these pieces, he swore that he would shoot some bloody sons of bitches of watchmen or some damn'd fellow of a watchman. I cannot exactly repeat word for word; the girl cried murder, and begged her mother to stop him from going out. Q. What girl? - Mrs. Harvey's daughter. I see him come out of the house with two pistols in his hand, and he held the pistols out in his hands with his arm stretched out and said, who set the watch, bl-st the watch, bloody watch, d-n the watch; b-gg-r the watch; the first bloody b-gg-r of a watchman that comes to me I will shoot him; this was in Sermon-lane that these expressions were made use of. He turned to the right hand and went down Little Carter-lane, towards the Old Change, repeating the same expressions as before. Q. Did you see him do any thing there? - Nothing there, but going backward and forward, he returned back towards Great Carter-lane, still using the language about the watchmen as he did before; he got into Carter-lane, and there I heard some words with somebody, I supposed it was with some of the watchmen, he returned back again; he was about Mr. Simpson's door in Little Carter-lane when he fired one of the pistols off. He went down Sermon-lane, returned back again about the middle of Sermon-lane; he fired another pistol, the balls of which lodged in my doorpost; immediately after the second pistol was fired off the watchmen sprang their rattles; immediately after the watchmen had sprung their rattles, he came to the top of Sermon-lane and looked down Carter-lane, towards Paul's Chain he saw the watchmen and several people coming towards him, he looked at them, he went to the door of the house that he came out of where he lived, kicked with his foot and knocked with his elbow three or four times, he could gain no admittance. I see him put the two pistols down at the side of the house; I see him take the carbine from his side and put the piece to his shoulder, and called the people about him and swore he would shoot the first bloody b-gg-r that came nigh him; the people ran back towards Paul's Chain. I see a man come round the corner in a blue great coat, by the name of Bailey, a Plaisterer; the prisoner was standing just by his own door at the time that this person, by the name of Bailey, the Plaisterer, crossed over to him, the prisoner at the bar asked him what he wanted? he told him nothing; he asked him where he was going? he told him he was going home; he said bl-st you, go home immediately. After this I see Price, the watchman , cross over the way to him, he was then about two feet from the muzzle of the piece as nigh as I could guess; and he said to him, you bloody b-gg-r of a watchman I will send you to d-nation or hell, I cannot tell expressly which words he used. I see him fire the piece, the contents of which went close to the watchman's right breast, the watchman immediately fell, the wadding was a light on the outside of his coat; the watchman when he fell said, O Lord, three times, I am shot; I heard the prisoner say no more till I got into the street. I immediately went down stairs and went into the street, the watchman was laying on his back; I went up to the prisoner and said you d-mn'd rascal, how could you shoot this innocent man? he told me the man could not be killed, for there was nothing but powder and wadding in the piece. They wanted to remove the dead body to my house, and I said it should not go there, where the tree fell there it should lay; I see the murderer come out of that house, and there the dead body should go in; I called some time and they would not open the door, and I said, if they would not open the door I would go home for an axe and break every pannel of the door in; when Mrs. Harvey opened the door I told her it was her fault, because she would not open the door when Dunn knocked, she said she was afraid to open the door because he would have killed her. I told her it was better to kill her then to kill an innocent man. Mr. Knowlys. You see him fire off a pistol before this accident? - Yes. Q. Was there any person at hand then? - No; I looked upon it he fired them off wantonly without any object at all, I looked down Sermon-lane both ways, and could see nobody coming. Q. What time was this? - About a quarter before two, on the 4th of February as nigh as I can recollect. Q. It was the girl that cried murder not Mrs. Harvey? - I never heard Mrs. Harvey cry murder. Q. Was there any person within the reach of the man when the gun was fired off? - I see no person but Bailey, the plaisterer, and Price, the watchman, these were the only three persons in Sermon-lane. Q. How long was he in this way wandering about the street? - Better than three quarters of an hour. Q. At the time that the window was thrown up and the pistol fired out was the Lane empty then? - I presume there was no aim at any body then. Q. So that was the third pistol fired without any aim at all. Did you hear Fitzgerald give any directions about Dunn? - Yes; I heard Mr. Birkwood desire him to go to bed. This was not in the street, it was when he was up stairs in the room at the window. JOHN CRICKETT sworn. Q. I believe you was present at the unfortunate place? - I was. I see the gun fired. Q. I believe you secured the man at the spot? - I did. Q. Is that the gun that was taken on him? (A gun produced) - I cannot say. DAVIS sworn. I know the gun, I took it from him, and these are the pistols. JOSEPH HURLOCK sworn. Q. After what we have heard it is almost unnecessary to ask you whether the wound was the cause of that man's death? - I found the wound had penetrated the chest and past out through the ribs into the sleshy part of the back, where I found some wadding, and a considerable quantity of small shot. Prisoner. I leave my defence to my counsel. MARY ALMOND sworn. I live at No. 12, Sermon-lane. Q. Near where the prisoner lives? - Yes. I am married, my husband is a Cheesemonger. Q. Did you see the prisoner in the night that this melancholy affair took place? - It was in the morning. Q. How long before this melancholy thing happened? - As nigh as I can recollect three quarters of an hour. I see him come out of his own house, and he did not come into the Lane directly after, he went far away; but when he came into the Lane where I was, he fired one pistol before he came to my door, and then I lost sight of him till he met the watchman, and then he fired another pistol which I believe shot the man. Q. Had you seen him before, as you live in the neighbourhood? - I see Mr. Dunn the day before and conversed with him. Q. Knowing how he behaved before and seeing him that evening, what did you judge of the state of his mind that evening? - The day before, I believe, Mr. Dunn was in his senses the same as I am now, but on the night the accident happened I really don't think he was, that is my real opinion that the man was not in his senses, but what might be the cause of it I cannot tell. Court. Do you make that conclusion from his conduct during the whole course of the night that the accident happened? - I see him the first when he came out of his own house. Q. You had not seen any thing but that time? - No. Q. You judge from his extraordinary behaviour? - I do. EDWARD DUNN sworn. Q. What relation are you to the prisoner at the bar? - First cousin. Q. You have had frequent opportunities of course of making your observations on the state of mind of the prisoner at the bar? - Yes; I have worked with him better than a twelvemonth at Mr. Harris, the soap maker's. It is near now two years ago, sometimes he would take a fit and sit down, and would not work nor speak to me nor any body else; and sometimes he would work twice as much as at other times. Q. Did he appear to be a man in his senses at all times or deranged? - Sometimes he would take fits and speak foolish, and sometimes not speak at all; perhaps, some mornings I could hardly get him up to go to work, and then perhaps he would take that sit no more. I know that part of his behaviour did not shew that he was a man in his senses at all times. Mr. Const. Was it Mr. Richard Harris that you speak of that he lived with? - Yes. Q. He lived there three years? - Yes. Q. Was his behaviour such as his master knew it? - His master hardly ever see him, we both worked in a cellar together. Q. Was there any other person employed by Mr. Harris except yourself that had an opinion that he was deranged? - I did not let any body know; we worked in the cellar together, and had our own part of the work to do. JOHN DUNN sworn. I am a porter to Mr. Whitefield that keep the books of the chapel in the city road. I am brother to the prisoner; I have lived four years and a half with him; I suppose it is about a year and a half since I left him. Q. Tell us the deportment of the man, and what seemed to be his conduct during that particular period? - In general I have seen him in a state of lunacy which was the occasion of my leaving him, I could not stay any longer with him; I left him on that account about a year and a half ago. Q. Tell us in what way that lunacy shewed itself? - I slept with him in the same bed. I have gone to work with him to Mr. Harris's, and he has been there in the morning, and I have advised him several things and he would not take my advice; and he has taken and tore his clothes in pieces, and I could not see any reason he had for doing it, and I see him have a kind of froth come out of his mouth when he was in a mad state of lunacy. Mr. Trebeck. The time you speak of is the time that your cousin speaks of? - No, it was not, but it was in the same house, and the same employment below stairs in the cellar. Q. Do you know whether any body in the house besides you and your cousin took notice of this? - I don't know, I don't think that they did. Q. How many people were employed together with him in the service of Mr. Harris? - There never was employed in general but two in the cellar. Q. Did he go about and mix with other people at that time? - No, that was his situation in the house. Q. Did Mr. Harris see him occasionally? - Not very often. Q. Who paid him his wages? - Mr. Harris paid him Saturday night, in the ounting house. Q. You did not think it necessary to take any particular care of him, confine him, or any thing of that sort? - He was under the care of a doctor that lived at Dalmahoy's, at Ludgate-hill; he has gone to Dublin now, and in business for himself. Q. After he left Mr. Harris's service, where did he go? - He went to live with one Mr. Yeate, who lives at No. 157, in the Borough, Chymist and Druggist, to carry out loads occasionally. Q. How long was he employed by him? - I cannot justly say, as near as I can guess, half a year. Q. Is that gentleman here? - I suppose he is here. MARY HARVEY sworn: Q. You lived in, I believe, the same house with the prisoner, in Sermon-lane? - Yes. Q. You lived with him on an intimate footing? - Yes. Q. As man and wife? - Yes. Q. Do you remember his coming home the evening this melancholy affair took place? - Perfectly well. He went out about eight o'clock, and came home about twelve. Q. How, was he in liquor or not? - He had not the appearance of being in liquor at all when he came home; he asked me if I had had my supper; I told him I had, he said then he wanted his supper; he then went to the cupboard, and took the victuals out, and he then let the victuals up again, and went up into the bed room, as I thought to go to bed, I was preparing to take the infant up to bed with me, the insant's victuals, some ponada stood on the table; he was gone up a short space of time, and came down again. Q. What quantity of victuals were these? - There was a little better than half a pint; he came down and he reached to the cupboard, where a quantity of moist sugar was in a bason between half a pound and a pound, and he emptied it all into the child's victuals that stood on the table, then he threw it instantly against the grate, which surprized me, and I asked him if he was mad? he then reached to the mantle piece, and broke all the china, and all the things that stood on it as fast as he could throw them down; he then went round to the shelves, and as he went round the room he broke all the things in the same manner; he then went to the window and took down a wash hand bason and pitcher of water, and emptied the pitcher of water about the room. The whole space of time he walked in such a manner that his legs were higher than his head, and as he walked round the room, he lifted himself, and put himself in such a posture, and when he threw down the pitcher, it so alarmed me that I got up to try to pacify him; he made no answer, but the blood and slabber ran out of each side of his mouth; this alarmed me so much that I ran into the passage, and he took the candle and ran up stairs. The street door was not quite fastened, I pulled it further open, for I see a light through the crevice of the door; I then see a watchman and patrol close against the door, I asked them to give me a candle, as I had no light, they asked me if I had no candle in the house? I told them I had plenty up stairs, but I was afraid to go for it for fear of Dunn; they were then lighting the bit of candle and the report of a gun went off up stairs: I ran up stairs, and met him coming down, and I heard him say how came his street door open, what business have you to disturb me in my own house, are you come to rob me? he then returned up stairs, looked out of the window, and opened the window, and put some powder in the gun, and put it out of the window, I was in the room with him then; he in a short space of time fired it off after he had looked out, he then threw it on the floor. The rattles sprung at different times, during this he looked out of the window and he said, the thieves are about the house, I see I must make them go; he then ran down stairs with the fire arms in his hands and returned again in a saw minutes; he then reached an old sword and began to cut the curtains of the bed to pieces, he then cut great gashes in the chest of drawers, and broke the sword in the wainscotting of the room, and broke the door to pieces; I then strove to pacify him; he seemed to recollect himself a little, I begged him to go to bed, and I unbuttoned three buttons in his waistcoat, I asked him if he meant to kill me? I meant by the fright; he said no, I was dearer to him than his own soul, and he killed me; during this the noise, and the rattles in the street continued, and he catched up the fire arms and ran down stairs with them; I heard a great noise in the street, and I heard the report of two pistols, somebody knocked at the street door with great violence, our lock is a spring lock, and it was double locked; I went and strove to open it, but I could not because I could not directly find the key, I then heard the report of a gun, and people crying in the street, the man is dead! I thought it was Dunn that was dead, and I strove to find the key to get the door open, at lad I got the door open, and then they brought in the deceased. When the corps was brought in, there were two men, Putner and another, set up all the night with the dead man in my room below, I had some occasion to go down for my ring, I said, Putner, had you hold of this man before the piece went off? he said he had. Q. To Putner. Did you say to this woman that you had hold of the prisoner at the bar before the man was killed? - I never said so, nor no person had hold of him before the piece was tired. Mr. Const. The prisoner lived with you as you have described for some time? - Yes. Q. Do I conclude fairly that you mean that I should collect from your evidence that he was out of his senses at times? - I thought him so. Q. At different times? - Once before. I cannot say to the time, it may be six months before. Q. Yet having seen him in that situation you who were not married to him chose to live with him as his wife? - I did. Q. You have told us of the manner in which he broke the sword; I believe the watchmen were up the next day in the room? - They were. Q. Did you shew them the curtains and bureau? - I did not. I believe there were a great many saw that the sword was broke left in the wainscot. Q. You say you recollect to have asked Putner a question which was very natural, the next day you must be more collected; did you shew any body the curtains or any thing that you have mentioned now? - I did not. Q. Do you know where he spent his evening? - I do not, he told me different places; he never would satisfy me. BLADEN sworn. Q. This man lived with you, I understand, for how long? - I was at home at the time above a fortnight or three weeks. ABRAHAM VOICE sworn. Q. Did you live at any time in Mrs. Harvey's house? - Yes, twelve months. Q. Do you know the prisoner at the bar? - Perfectly well. Q. Up to the present time? - Yes. Q. Did you ever discover about him any marks of insanity? - Never, I sometimes spoke to him three or four times a week. Q. Did you ever hear of it? - Never, till on this present occasion. RICHARD HARRIS sworn. Q. I believe you are a soap boiler? - Yes. Q. The prisoner lived with you a length of time? - Yes. Q. Had you an opportunity of observing him in common with the other servants? - Yes. Q. Did you ever discover any thing that made you think that he was deranged in his mind? - No. Q. Did you ever hear any thing of that sort? - I cannot say I ever did. Mr. Knowlys. You see him but seldom? - yes, frequently; three or four times a day, sometimes more. Jury. Was he regular in coming on the Saturday night for his wages? - Very regular and a very good servant while he was with me. ROBERT WETHERALL sworn. Q. You are constable of Castlebaynard ward? - Yes, I am. Q. How long have you known the prisoner at the bar? - About two years, or thereabouts. Q. Do you know how long he has been in that neighbourhood? - I don't rightly know. Q. Ever since you have known him, have you ever discovered any appearance of insanity about him? - None in the least. Q. Have you ever heard such a thing? - Never. Q. Did you see him the night after this unfortunate accident took place? - I see him the next morning. Q. Did you take him to be examined? - I did. Q. Was there any thing passed when you took him to the Compter that made you think he was a man out of his senses? - There were several words took place between the prisoner and me, but nothing that led me to think he was insane. Q. Did you talk on this subject? - Yes, a little. Q. Did you see him after in the Compter? - No, only once, that was the day the Coroner's warrant went to him. Prisoner. It is impossible that I could have any spite or malice against a man that I never saw in my life; this man I never see in my life, either dead or alive. There were people about my house some in watchmens clothes and some not, and there are witnesses that can prove, that I was beat with a slick before I fired my piece. THOMAS HARCOURT sworn. I was spending the evening, Tuesday evening, the 3d of February in Trinity-lane, on my return home about one o'clock, I see the prisoner. I heard a noise first of all, and I saw the prisoner walking about the street with fire arms. I then after that see him go to his own door and desired to get in; by some means or other he could not get in, and some watchman or other got hold of him. There was a kind of scuffle ensued. There were two or three watchmen, I did not pay any particular attention, and in the scuffle the piece went off. Mr. Const. What are you? - I am a grocer in Dean-street, Holborn. Q. Did you see Mr Cricket at that instant you describe? - I did not pay any attention to any person scarcely; I only see a kind of scuffle, and the piece went off, and then I went away. Q. Did you see a man killed by this accident? - I was not very near. I see two or three men together and very odd kind of language was being made use of, and a kind of scuffle appeared to me as I stood at a distance, I did not choose to go near for fear something might happen to myself. Q. After the scuffle and the piece went off, did you observe a man fall? - I observed a man fall, and a man knocked at the door and the deceased was taken. Q. Do you remember how many persons were present? - There appeared to me to be four or five, or five or six. There were other persons walking about the streets; there were four or five different people at the time that accident happened with the prisoner. Q. Then they of course saw all that you have now stated? - They appeared to be a watchmen. Q. And then you went away seeing the man drop down? - A lusty gentleman knocked at the doors and desired the deceased might be taken in there, and I instantly went away. I asked no question whatever. Q. How happened you to give an account of this? - They found me; I was a few days after at a public house, the house I use in Charles-court, in the Strand, and I saw in the paper that he was committed. Q. Who? - The prisoner at the bar. Q. Did you know his name at that time? - I did not, but the circumstance struck me. I was saying what a shocking circumstance it was, and the master of the house or some person there asked me who I was, and where I lived, and whether I would choose to come here to relate that circumstance? Q. What house was this? - At the Bell. Q. Who was the person that asked you this? - It is a person I had some trifling knowledge of, but I don't know his name. Q. Who applied to you? - The brother to Dunn; he said his name was Dunn. Q. You did not inquire, perhaps, particularly? - No, I did not. Q. How soon after did he apply to you? - I suppose it might be in the course of two or three days after I see it in the paper. Q. Then it was in the course of a week after? - It was. He came to me, and asked me if I knew any thing of the circumstance that happened on the 4th of February, in the morning? I said, I was coming past at the time and I saw some little of the transaction; and he said, my brother's life is in danger; it is a very disagreeable situation, will you come forward, if you are subpoenaed, to say what you know about it? - I said in such consideration as that, I would. Q. Did he tell you how he found you out? - By being at this man's in Charles-court; in the Strand; I understood, that the man that keeps the public house knows Dunn's brother, Dunn's brother told me so. Q. Then the master of the public house knew you? - Certainly he had some knowledge of me because he used to serve me with beer; he knew where I lived. Q. Did you attend the Coroner's Inquest? - No; I did not take any further notice of it; I told him, when his trial came on, if I was subpoenaed, I would come forward. Q. Are you sure that you did not speak to any body at the time that this affair happened? - There was nobody there that I knew. I might say, what an affair this is, as any other person might say when any thing happens in the street. Court. Did you know the prisoner at the bar before that time? - Never see him in my life. Q. How long had you known his brother? - I don't know his brother. Q. There was no piece levelled at the man at all? - I was not near enough to see that. There was a scuffle and I cannot say whether he shot the man accidentally or whether it was levelled or no. SAMUEL MATTHEWS sworn. I live at No. 27, Cursiror-street, Chancery-lane. Q. Were you in the neighbourhood of Great Carter-lane on the evening of the 3d of February? - In the morning of the 4th I was, about one o'clock. I worked in Seething-lane, at an India warehouse, and I staid in that neighbourhood till half past twelve o'clock, at Thomas Sams's, in Seething-lane; I staid from four o'clock, at such time when I left the warehouse, till half past twelve in the morning. Q. And what did you observe? - I heard the report of some fire-arms go off; it was at the corner of Sermon-lane, and I see three or four watchmen; and as they were together, I heard the report of another fire-arm going off, but I cannot say who let it off. Prisoner. Mr. Putner swore, that the daughter of Mrs. Harvey cried murder in that house; Mrs. Harvey or daughter never cried murder in that house. Court to Fizgerald. You heard the cry of murder, can you inform us from what house that cry proceeded? - I was at one end of Sermon-lane, and I heard the cry at the other. GUILTY . Death . Tried by the London Jury before Lord KENYON. 211. THOMAS THOMAS was indicted for feloniously stealing, on the 7th of October , a bank note, value 50l. No. 3800, dated London, the 3d of June, 1794; another bank note, value 20l. marked 8030, dated London, August 1, 1794; another bank note, value 20l. No. 2170, dated 16th May, 1793; another bank note, value 10l. No. 8147, dated London, March 20, 1794; another bank note, value 10l. No. 6077, dated London, April 27, 1792; another bank note, No. 2445, London, 13th May, 1794; another bank note, value 10l. No. 8881, dated London, 11th August, 1794; the said bank notes being the property of James Ireland and Phillp Protherow . A second COUNT, for stealing the said bank notes, as the property of Richard Downes , Henry Thornton , John Free , and John Thornton , junior .(The indictment opened by Mr. Russell, and the case by Mr. Garrow.) THOMAS HEMSON sworn. Q. You are clerk I believe to Ireland and Protherow, in Bristol? - I am. Q. Had you occasion to send any letters to London by the post, from Bristol, on the 3d of October last? - We sent two. Q. To whom were they directed? - Henry Thornton, Esq . M. P. London. Q. Did you make an entry, at the time when the property was put into the letters, of the numbers and dates of the bills? - I did. Q. Tell my Lord what entry you made of these bills? - Ten bank, one hundred and ninety pounds. They were entered particularly by Mr. Fry; the copy of them in another book. Q. Did you see the letter put into the post? - I did not; I delivered them to Mr. Fry, to put into the post. THOMAS FRY sworn. Q. You are clerk to Ireland and Protherow? - Yes. Q. Do you remember, on the 3d of October, when some notes were enclosed in a letter to Mr. Thornton? - Yes? - 8881, August 41, 1794, ten pounds. 6677, April 27, 1792, ten pounds. 2445, May 13, 1794, ten pounds. 1417, February 25. 2170, May 16, 1793, ten pounds. 8147, March 29, 1794, ten pounds. 8039, August 1, 1794, twenty pounds. 3800, June 3, 1794, fifty pounds. Q. When you made the entry of these notes they were enclosed in the letter? - Yes. Q. Did you put that letter in the post yourself? - Yes. Q. At what time? - Between a quarter after three and half after, before the office shut. Q. On what day? - On the 3d of October; the bank notes were all in, one letter and cash notes. Q. To Hemson. What is the firm of Ireland and Protherow? - James Ireland , Philip Protherow , Henry Bengoe , Joseph Haythorne , and Matthew Wright . JAMES FRY sworn. Q. Were you employed at the Post office in Bristol on the 3d of October last? - Yes. Q. Did you make up the mail on the 3d of October? - I did. Q. How did you do it? - I put the bundle of letters in the bag, tied it with a packthread, and then sealed it. Q. Now, sir, when that bag is tied and sealed, is it put into another bag or sack? - It is put into a large leather sack. Q. Was that secured any other way, that outer one? - It was tied, but not sealed. Q. When you had made it up, to whom did you deliver it? - To Lewis Williams , the mail guard of Bristol, from Bristol to Marlborough. Mr. Knapp. All that you know is, that you delivered the bag with the letters to go by the mail that day, to Williams, the mail guard; whether this letter or any other identical letter was in the bag, you don't know? - It is impossible. Court. You put into the bag all the London letters that were put into the office? - Yes, I did. THOMAS SMART sworn. Q. What is your department in the Post office? - To take the bags out of the coaches that arrive from the country to London, in Lombard-street, and deliver them to the men who carry them to the inland office. Q. Did the Bristol mail of the 3d of October, arrive in due course on the 4th? - Yes, to the best of my knowledge There were three mails came in a cart that day to the office. The guard accompanied the Bristol mail in the cart, from the Gloucester Coffee house. CHARLES READ sworn. Q. You are employed in the Post office in London? - Yes. Q. Did you receive this Bristol mail, which arrived on the 4th, into the inland office? - I did. Q. In what condition was the Bristol bag when it was brought to you in the inland office? - It was untied. Q. Did it appear to have been tied and sealed? - No appearance at all; the sack, thread and seal was all entirely gone; I delivered it to the president of the office. Q. What in consequence of finding it in that condition? - Yes. LEWIS WILLIAMS sworn. Q. Did you act as guard to the Bristol mail coach, on the 2d of October? - I did. I went from London on the 2d, to Bristol, with the coach; I went from London the whole way on that occasion, that is unusual; it is my department only to come from Bristol to Marlborough. Q. You had been in London on the business of your own, and took that opportunity of returning? - Yes. Q. Did you return with the coach from Bristol on the 3d? - Yes, I did. Q. Did you receive the mail of Mr. Free, to bring to London? - I did. Q. Was it as far as you could observe in the usual state? - I see the Bristol bag sealed, and put into a large sack, and the sack tied, not sealed; I brought it to the Bush tavern door, and and there it was handed up to me, and I put it into the corner of the box, the box under the guard's seat. Q. How far did you come with the mail? - From Bristol to Marlborough. Q. And then another guard supplied your place? - Yes. Q. Look at the prisoner at the bar. - That is the person that went out of London on the 2d; he went outside as far as the top of Speen-hill. Q. Did he go the whole journey to Bristol? - Yes, but one part he went outside. Q. After he had arrived in Bristol, when did you see him next? - I did not see him till after I went into a room in the Bush tavern. Q. Did he return with the coach on the third? - He did. Q. What time did the coach, which went from London on the second arrive at Bristol? - It arrived at Bristol about twelve at noon, on the third; it set out in return at four in the afternoon. Q. In what way did the prisoner leave Bristol on the return of the coach? - On the coach box with the coachman. Q. Did he continue there the whole of your part of the journey to Marlborough? - No. Q. Where did he change? - A little of this side of Calne; he got first of all on the roof, and said he was very much tired, and I told him I did not care if herid three or four miles in my place; he got over into my place then, and I went on the box along with the coachman. Q. How far did the prisoner ride in your seat? - About four miles and three quarters, as near as I can guess; we got to a place called Backington, about six miles from Marlborough; I told him then I must have my own situation, he went over the roof on to the box again, and continued so to Marlborough. Q. You got into your seat then, and at Marlborough there you delivered up your charge to Thomas Hawkins ? - I quitted the coach there, and he took it. Q. How was the box at this time? - The box is not locked, it is fastened by an iron, that you shift upon it, a staple, that comes for a padlock to go through it, but it was not then locked. Mr. Knowlys. Was the box locked when you stopped at Calne? - No, it was not; it was locked while I was gone to the Post office, at Bath, no other place. Q. Then any persons about the coach might have got to the box at Calne? - No, I was not away two minutes, I am sure at the farthest; I jumps off when I comes to the office, and hands the bags out, and takes them to the post-master, and brings the rest and puts them in, and goes on again. Q. During that time you necessarily leave the place? - It cannot be two minutes, because I jumps off as the coach goes along. Q. The coach does not stop any where between Bath and Calne? - Yes, it does, at Chippenham, to change horses. Q. The box was unlocked at Chippenham? - It was. Q. Now the coach travels while it is on the road, eight and ten miles an hour? - About nine miles an hour. Q. Would it not be a dangerous thing for any person to attempt the getting out this bag while the coach is moving so rapidly? - Not at all dangerous to me, for I have done it many times. Court. While the coach is going on you mean? - Yes. Mr. Knowlys. To a person not accustomed to shift the bags, as you are, it must be a dangerous thing? - A thin person may do it better than a person that is bulky. Q. I ask you whether in your opinion, it would not be a dangerous thing to a person not accustomed to it? - Not so very pleasant to a person not used to it. Q. You offered this to him as an easier place to ride in, he being satigued, going all night, and coming back again? - Yes. Q. The consequence of his taking this place, was not from his asking you, but your offering to let him have the place? - it was; he said he was so tired, he did not know what he should do; he got on the roof of the coach, and it was not possible for any body to ride there, sleepy. THOMAS HAWKINS sworn. Q. Did you take the charge of this Williams? - I did, on the 3d of October last, at Marlborough. Q. Where did the prisoner ride when he set out at Marlborough? - On the box, with the coachman; he rode in that situation about half a mile; he then left the box, and got on the roof of the coach; and as we are not accustomed to let any one ride there, we exchanged stations, he got into my seat. Q. While the coachman was going on? - No, we always stop at the top of the hill, to give the horses a little wind, and then we changed places; we rode in that situation about twenty miles, till we came near to Thachum, there we exchanged situations again, he went on the box, and I took my seat. Q. How long did you continue so? - Till we got to Reading; I then told him he might ride a few miles in my situation again; he rode in my situation to Hare Hatch, about seven miles; I there told him he must go again on the coach box; about a hundred yards from Hare Hatch, the coachman and I exchanged situations, and continued so to Colnbrooke. Q. You drove? - Yes; Mr. Thomas was then on the box with me. At Colnbrooke I got into the guard's situation again, and rode to London; Mr. Thomas rode all that way on the coach box; he got down at Hyde Park Corner. Q. What became of him afterwards? - I don't know. Q. Your coach stops at the Gloucester Coffee house, I believe? - Yes, it does. Q. Did you convey the mail from Gloucester Coffee house to Lombard-street? - I did; I brought it in a cart provided for that purpose. Q. As far as depended on you; was it in the same state as when you received it at Marlborough? - It was. Q. Are you quite certain that Mr. Thomas, the prisoner at the bar, was the man that you saw there? - I have no doubt about it at all, I told him in the course of the Journey I had the pleasure of seeing his face often. Mr. Knapp. There can be no doubt that Mr. Thomas was the person. I believe the prisoner was considerably. I satigued, and for that reason you offered him your place, I believe in point of fact he had very near fell off the roof? - He appeared to be going to sleep and in danger of falling. Q. And therefore you offered him your seat not only once but twice? - Yes; once at Reading and once at Marlborough. Q. When you got to Hare Hatch, then the coachman took your place? - Yes. Q. And the prisoner came all the way from there to London on the box? - Yes. Q. And the coachman came fifteen miles in the guards situation? - Yes. Q. Is the coachman here? - I have not seen him in court, I believe he is not here. HENRY THORNTON sworn. Q. I believe you are of the house of Downes, Thornton, and Co. - Yes. Q. Be so good to state to us the names of the partners? - Richard Downes, Henry Thornton , John Free , and John Thornton, the son. Q. Were the Bank notes in question, or the letter enclosed ever received by your house from Messrs. Ireland's house in Bristol? - No; they were not. Mr. Knowlys. The letter that contains these Bank notes are generally given to the hands of one of your clerks before they come to your hands? - It is generally the case. Q. You mean to say this, that none of your servants or clerks delivered you any letter containing the Bank notes described? - No; but I received on the 8th some of the other notes. Mr. Garrow. But not from Ireland's house? - No, they came from an anonymous person. THOMAS BICKERSTAFF sworn. Q. You are clerk in the house of Messrs. Dorset's, and Co. bankers, in New Bond-street, London? - Yes. Q. Do you know the Prisoner at the bar? - Yes. Q. On what occasion did you see him? - At the Banking House in Bond-street, on the 7th of October, he came to open an account at the house. Q. That expression imports that he had no account there before? - Yes. Q. Did he open an account? - Yes; he did. -SCOTT sworn. Q. I want to receive from you the Bank notes that you have got. -ASHLEY sworn. Q. What are you? - I am clerk in the house of Dorset and Co. Q. Did the prisoner at the bar make any deposit at your house by way of opening an account? - He did, on the 7th of October. Q. Be so good as to give in the particulars of the Bank notes that he deposited? - The first a Bank note of fifty pounds, No. 3800, June 3, 1794. The next is a ten pound, No. 7636; a ten pound, No. 5633; a ten pound, No. 5176; a ten pound, No. 89; a ten pound, No. 6677, April 27, 1792; a ten pound, No. 2449, May 13, 1794; a ten pound, No. 1417; a ten pound, No. 2170, May 16, 1793; a ten pound, No. 8881, Aug. 11, 1794. Mr. Knapp. This deposit consisted of a great number of other bills and notes? - It did. HENRY BARNES sworn. Q. Had you any money transactions with the prisoner at the bar on the 7th of October? - Yes, I had. Q. Did you receive from him that day this ten pound bank note? (Note shewn him.) - I received a ten pound Bank note. Q. What did you do with it? - I paid it to Downes. Thornton and Free the same day. Q. You paid it in discharge of an acceptance of your's that was then due? - I did. WILLIAM TAYLOR sworn. Q. You are clerk in the house of Messrs. Downes and Co. - Yes. Q. Look at that note. (A note shewn him.) Did you receive that note of the last witness Barnes? - Yes. Q. On what day? - I cannot say that, I know I received it from him, by his own name; that I writ on it at the time, on the face, in black ink. Q. What is the Number of that note? - 8147. Q. Have you not brought your book here, by which you can ascertain the day of receiving it? - Yes; I think it was on Tuesday the 7th of October. Q. Can you tell what was the amount that was paid to you by Barnes on that day? - Yes, It was a hundred and fifty pounds ten shillings. Q. Have you any doubt that the bank note on which you wrote Barnes's name, constituted any part of the hundred and fifty pounds ten shillings? - I am certain it did. Mr. Knowlys. How long have you known the gentleman Mr. Thomas? - I suppose it may be four years. I never knew any thing but honesty of him. Q. Have you had any dealing with him? - Certainly. MATTHEW VERNON sworn. Q. You are one of the cashiers of the Bank of England? - Yes. Q. Authorized to sign Bank notes by the Governor and Co. of the Bank of England? - Yes. Q. Look at that Bank note, is it signed by you? - Yes; it is No. 8147. Q. This has Barnes on it, on the 7th of October; was that outstanding and due against the Bank? - It was. This is another of mine No. 6677, 27th of April 1792, ten pounds. This No. 2445, 13th of May 1794, ten pounds, is signed by Giles Collings. Q. He is cashier in the Bank of England? - He is. The next is 2170, 16th of May, James Greenaway , ten pounds. The next 8881, 11th of August 1794, Henry Treckle, ten pounds. Mr. Garrow. These are the notes that were paid into Dorset's Bank. Q. To Scott. Where did you get these Bank notes that you delivered in? - The principal part of them I received through the channel of the Bank; I believe all that have been produced at this time in consequence of their having been stopped on the 8th of October, they were brought to our house. Q. How soon were you apprized that such notes ought to have arrived? - In the course of business we ought to have received the letter on the 4th, on Saturday. Q. How soon did you learn that such letter had been sent that you did not acknowledge? - We suspected it on Monday, their letter written on Monday referred to one written on the third. Q. The Bank notes have they ever passed through your house? - One of them has, the one that Mr. Barnes paid to our house. -PARKIN sworn. Q. How soon was the prisoner apprehended? - On Thursday the 9th of October, in consequence of information being given to the Post office. I went to the prisoner's house, in Denmark-street, St. Giles's, on the 9th, and told him of the circumstance of a Bank note having been traced to his hands; and I asked him where he received it? he said, that a person, a stranger to him, who made use of the name of a Mr. Wayman, came in his name and asked for change for the note, which he gave him; that the same person came again in a few minutes, and asked change for another note, which he gave him; that he returned a third time with other notes and made the like request; that he came a fourth and fifth; and, I think, he said a sixth time, on the same evening with the same request, that he gave him cash to the amount of one hundred pounds or upwards he believed; I thought it my duty to order him to be taken to the Public Office in Bow-street, and he was there taken on Thursday the 9th; and he was there examined before Mr. Addington; and at Mr. Addington's request, I took down in writing what he said; this is the original minutes that I have in my hand. After it was taken it was read to the prisoner, either by myself in Mr. Addington's presence, or by Mr. Addington. Q. Did he make any objection to any of the facts stated as to the accuracy of them? - To no part of them at that time. Q. When did you appear again before the magistrate? - In the evening of that day. Mr. Addington then said that he should read it over to him, and desired if it needed any alteration or correction, that he would mention it as he read it. After Mr. Addington had read about six or seven lines of it, the prisoner stopped him, and said that that part of it was not true, for that he had not been at Croydon Fair as mentioned in the examination, but had been at Bristol, on which Mr. Addington said he should not further proceed in reading the examination. The examination read by the clerk of the Court. "Middlesex. The examination of Thomas Thomas , of Denmark street, in the parish of St. Giles's in the Fields, in the county of Middlesex, grocer ; taken before me William Addington , Esq. one of his Majesty's Justices of the Peace, for the said county, this 9th of October, 1794, who faith that he left his house about seven o'clock on Thursday evening last, and went ot Charing-cross, where the Croydon Coach goes from, and arrived at Croydon at twelve at night; was set down in the street; was booted, and went into the fair, and continued there till the morning, and did not go to bed; continued at Croydon till about eight o'clock on Friday night, and not being able to get a coach, he walked the whole way to town; stopped at a public house at Strutton about ten o'clock, and drank a pint of beer, and then came home, &c." Prisoner. I leave my defence to my Counsel. GUILTY . (Aged 24.) Transported for seven years . Tried by the second Middlesex Jury before Mr. Baron THOMPSON. 212. WILLIAM LANGDON was indicted for feloniously stealing, on the 2d of April , forty-two yards of fustian, value 6l. the goods of Samuel Swan , in his dwelling house . SAMUEL SWAN sworn. Q. Now with respect to these forty-two yards of fustian. This man was your servant ? - Yes. The second day of this month, on Thursday, a constable, Wainwright, brought him into my house, a little before eight o'clock; he had got the piece of goods wrapped up in a great coat; he opened the great coat, the constable did, and asked me whether that was my goods? I said it was. Q. How much fustian was this? - Forty two yards. He said he caught him in Little Bush-lane, Cannon street, about the door of one Jones; when Langdon went into the house, Wainwright, the constable, followed him into the house. Q. What is it worth? - About six pounds. Mr. Gurney. This man was your porter? - Yes, about six weeks. Q. Did he sell goods in the warehouse? - He did sell goods. Q. And he has carried out goods? - Yes, he has. Q. Has he carried out goods, and sold them by your desire? - No. Q. Has not he sold goods and carried them out by your approbation? - No, never; our customers come to the house. Court. Was he still a servant at your house when this happened? - Yes. -WAINWRIGHT sworn. I am a constable. The prisoner at the bar, about seven in the morning, on Thursday, was standing at Jones's door, in Little Bush-lane. Q. What is Mr. Jones? - I don't know; he is a man that deals in dry saltery and a druggist. He had this piece of fustian when at the warehouse door, under his arm; he went into the shop. I followed him in, and very soon the parcel was put down on the cask or table that is in the warehouse, and a great coat; he had a knife in his hand, pointing to the parcel, as though he was going to cut the string; I asked him what that was he brought in? he rather hesitated about the matter; I said, what are you going to do with it? he gave me no particular answer; I said, where have you brought it from? he said, he had brought it from Old Fish-street, from Mr. Gouty, or some such name. Q. Not from Mr. Swan? - No, I asked him what he was going to do with it? he said, he was going to carry it into the Borough; I asked him whether he had got a bill of parcels? he said, no; I asked Mr. Jones whether he knew any thing of this man, whether he knew he lived with Mr. Gouty? he said, he believed he did; I asked him if he knew any thing respecting the goods? he would not give any satisfactory answer, Mr. Jones would not. I then said, I would go back to Mr. Gouty, to Old Fish-street; he begged I would not take him back to his master, but that he would give me the piece of goods, and he would call the next day, or the day after, and make me every satisfaction I could wish; I then told him I was a constable, and all the satisfaction I wanted was, to carry it to his master where he lived; and then I carried him to Mr. Gouty, and asked them if he was their servant? they told me he was not, (I had hold of the prisoner all the time) they told me he had been a porter, and had left them, and lived with Mr. Swan, in Bread-street. I then took him to Mr. Swan, and knocked at the door, and the maid said, Mr. Swan was in bed; I desired he might be called up. Q. Did you see him? - I did, and shewed him the goods; and he said, they were his property, they had his private mark on them. Jury. How came you to follow him to Jones's? - I saw him at the door, with this under his arm; I knew the house. Q. How came you to know it? Court. Constables generally know where bad houses are. Mr. Gurney. I am desired to ask you this question; did you not tell him it he would give you the goods, you would let him go? - No, he offered the goods over and over again. Court to Swan. Look at the goods. Where were they kept? - In the warehouse. Q. When did you see it last? - I cannot tell when I see it last, having a quantity of these goods; if I had looked for it I should have missed it. Q. Is there your private mark on it? - Yes, there is, it is an R. and dash, my own hand writing. Mr. Gurney. It may happen you sell goods with these marks on? - I am very clear I had not, because of the number of the cloths. Jury. You take stock regularly, I suppose? - Yes, about once a year; we took this stock about three months ago, and whatever is sold we mark off. Q. Do you know this number was missing from your books? - Yes, there are more numbers missing besides this; here is a gentleman here that took stock with me. -GREY sworn. I took this account of the stock the second day before the prisoner was taken to the Compter, after he was apprehended, the second day after he was taken. The book is not here. Mr. Gurney to Swan. Is that private mark peculiar to yourself? - No; other people may have the same mark. Q. Do not you know other people make the same mark; does not Mr. Grey? - No, he does not. Mr. Grey. I do, but Mr. Swan don't know it. Mr. Gurney to Swan. The knowledge you acquired, whether you had not sold these goods, arose from your books from inspecting them? - No, more than that; we found that number missing. Prisoner. I leave it entirely to my counsel. The prisoner called Mr. Gouty, Mr. Grey, and two other witnesses to his character. Court to Swan. Is the warehouse at all connected with the building? - Entirely, but we live up stairs, entirely one building. GUILTY . Death . (Aged 20.) Tried by the London Jury before Mr. RECORDER. 210. CATHARINE FAIRCHILD was indicted for feloniously stealing, on the 16th of March , a patched work bed quilt, value 5s. a linen sheet, value 2s. and a flat iron, value 6d. the goods of Joseph Asbury , in a lodging room . JOSEPH ASBURY sworn. I keep lodging; I let the prisoner a lodgings, on the 12th of March, for three shillings and sixpence a week furnished. Q. Did you let her, with the lodgings, a patched work bed quilt, a linen sheet, and a flat iron? - Yes. Q. How long was she in your lodgings? - Only three days. I had a suspicion that things were out of the room, and one of the neighbours told me that she laid a bed the greatest part of the second day; she came on Thursday the 12th, on the Monday following I insisted on coming into the room, and when I came into the room I found the bed quilt, sheet, and flat iron out of the room; I told her I insisted on knowing where they were gone; she said one was ar Mr. Parker's, Wood-street, and another was in St. Martins Le Grand. I have got the duplicates. Q. Did she give you the duplicates? - She did. Q. You did not force them from her? - No, I did not. Prisoner. I only wish to ask her if she did not give me till twelve o'clock to get these things out, and I had not time to go to my friends to get the money. -WILLIAMS sworn. I am a pawnbroker's servant; I produce a sheet pledged for one shilling and sixpence, by the prisoner. Q. See whether that is your duplicate? - Yes. I never see the prisoner before, but I am positive it is the prisoner. Q. What day was it? - The 16th of March. MORGAN NICHOLL sworn. I am a pawnbroker; I produce a quilt pledged for two shillings, by a woman in the name of Taylor, just at the dusk of the evening, and I really cannot recollect the person; I gave her a duplicate of it. Q. To Prosecutor. Has the duplicate the name of Taylor? - Yes. Q. Look at the things. - The quilt is mine; I will swear positively to it; there is a piece of my wife's gown on it; as to the sheet I cannot positively swear to it, it is not marked, I believe it is mine. Q. What do you value it at? - Five shillings. Prisoner. I can only say I have had a long sit of illness, and was brought to great distress, and my friends promised to put me in a good situation, but they neglected me, and I expected to get a little money, but could not. GUILTY . Fined one shilling and discharged. Tried by the London Jury before Mr. RECORDER. 214. EVAN MORGAN was indicted for that he, on the 11th of February , being, a person employed in sorting letters in the General Post office, in London, a certain letter, then lately sent by one Samuel Read , by the post from Watford, in the county of Norfolk, directed to Mrs. Mary Harris , Birmingham, containing therein, a certain bill of exchange, dated Bradford, 6th February 1795, signed and subscribed by one Richard Leach , directed to one Thomas Leach , requesting the said Thomas Leach to pay to Mrs. Mary Harris or order, the sum of eighty pounds, value received; came to his hands and possession, as such person so employed as aforesaid; and that he did feloniously secret the said letter, then containing the said bill of exchange, the said bill of exchange being the property of Mary Harris . Indicted in a second COUNT for the same offence, only calling it a packet instead of a letter. And several other COUNTS, for the like offence, only varying the manner of charging them.(The case opened by Mr. Garrow.) SAMUEL READ sworn. Q. You are rider to Mrs. Mary Harris, of Birmingham? - I am. Q. Did you, on Monday, the 9th of February, inclose any thing in a letter to her? - I did, from Bradford, in the county of Norfolk. Q. How was it addressed? - Mrs. Mary Harris , Edginston-street, Birmingham. Q. What did you enclose to her? - A bill of exchange, value eighty pounds, like wise- Q. Look at these fragments, and tell me whether this contains part of the bill that was enclosed? - I verily believe it is. Q. Have you any account of the bill of exchange? - I have; here is the bill book; copy of the bill sent February 6, 1795; Leach on Leach, two months after date, eight pounds. I have nothing more. Q. Who was it payable to? - Mary Harris. Q. What was the name of the person that drew the bill at first? - Mr. Richard Leach , at Watford, to Mr. Leach, No. 29, some street, London. Q. Did you put any mark on it? - I did not. Q. Did you procure any money on it? - Yes, she paid me. Q. Now, besides this bill of exchange, did you enclose any bank of England bills? - I did; three of ten pounds, two of twenty pounds, and one of five pounds; the whole amounting to seventy-five pounds. Q. When you had made up your letter, what did you do with it? - I put into the office at Watford myself. Mr. Shephard. You have told us this bill was directed to Mr. Leach, in London; can you tell us where? - I cannot perfectly recollect where. Mr. Garrow. (looking at it) Have you any doubt that that is the bill? - I have not the least doubt about it. Mr. Shepherd. Did you know Mr. Leech before? - Yes, I did. Q. Mr. Leach of London? - No, I did not. JOHN SWINDEN sworn. Q. You are the Post master at Watford? - Yes. Q. Did you make up the bag on the 9th of February from Watford to London? - I did. Q. In what manner did you make it up? - The London letters and country letters by themselves; and the packers by themselves in three separate parcels. Q. Therefore all that were to come to London, you made up as London letters? - I did. Q. I don't know whether you happen to recollect the letter that was addressed to Mrs. Harris? - Perfectly I do. Q. What makes you recollect that? - My wife being a Birmingham woman, and just coming from Birmingham about ten days before, and a letter was directed, on that night to Mrs. Harris, Birmingham, which appeared to me to have an enclosure. Q. You sealed it up in the regular way? - Yes, I dispatched it at the usual hour to Hemel Hempstead. Q. The weather was very inclement at this time, your mails did not travel very well, I do not know whether you know that? - They do not to Hemel Hempstead. HARADINE sworn. Q. You are of the General Post office at London? - Yes. Q. How is the mail conveyed from Watford to London? - It is conveyed to Redbourn, and from thence in the Leeds mail coach to London. Q. Did the Leeds mail coach arrive on that day the tenth, or the next? - It did not arrive till the morning of the eleventh. LANGSTAFF sworn. Q. You are employed in the general Post office in Lombard-street? - Yes. Q. The mail that left Watford on the ninth, did it arrive at the General Post office on the eleventh in it's usual state? - It did. Q. Was it regularly made up and sealed? - It was in the usual way. Q. Of course delivered out to be sorted? - Yes. DANIEL STOWE sworn. Q. On the 11th of February, what was the employment of the prisoner at the bar in the General Post office? - To open bags, the several bags that were delivered to him, and to take an account of them, to deliver in that account to the proper officer, and to sort the letters passing through London into the country. Q. Are you in the General Post office? - Yes. Q. So that if a letter from Watford to Birmingham had sell into one of his bags, it was his duty to sort it, in order to send it to Birmingham? - It was part of his duty to sort that letter. Q. That would be sent of course, by the mail of that evening, to Birmingham? - It would so. Court. Was he the only sorter for this bag? - No. Q. Who was there besides? - I cannot exactly recollect. Q. Was it his business to attend to the bag from Watford to London? - It was not. His business was to open bags and deliver them out; it was his duty, with eight or nine more gentlemen, to sort letters that were to go into the country; I don't mean to say it exactly belonged to the prisoner at the bar to sort these letters that came from Watford, but a letter which arrived from the country post on the morning of the 11th, and which was to go into the country on the evening of the same day, went through his hands in common, with eight others. WILLIAM COULSTON sworn. Q. You are a sorter in the Inland office? - Yes. Q. Now, will you describe, to give a little more information to these gentlemen, in what manner the letters that come out of the country, and which are to pass through the London post, are separated, and what is done with them afterwards. What is the first thing that is done with them? - They are taken out of the bag and taken to be stamped, and then given to the sorters; then those that are to be delivered in London are separated from those that are not to be delivered in London. Q. What was the business of the prisoner, on the morning of the 12th? - To open the bags and sort the country letters for their destination in the evening. Q. How many do you think were employed in doing the same thing? - About nine or ten. Q. Did you see him employed in that way that morning? - Yes. Q. Did you observe any thing particular in his conduct? - I observed him take a letter and put it in his pocket, and from there he went out of the back door with it; and I immediately went and told Mr. Raymond of it. Jury. Did he take the letter out of the bag? - No; from where he was sorting. Mr. Raymond went out, in about five minutes after I went out myself; I went up stairs and found Mr. Raymond at the privy door; Mr. Raymond said, it will not be necessary for both of us to stop here; he went further on, and I stopped there, and I see the prisoner come out, he went down the first landing from the privy; there are holes from the privy; I see him read a piece of paper; at that time Mr. Raymond had come up from the further end of the gallery to me, Mr. Raymond pushed past, and went down and followed him into the yard; when the prisoner got about the middle of the yard, I see the prisoner tear the paper and throw it way; I picked up them papers, me and Mr. Raymond did, and took them to Mr. Stowe and Mr. Slater. Q. Did you make any observation on the paper you picked up? - The first piece I picked up had eighty pounds on it in figures. Q. What time of the day was this? - In the morning, about eight o'clock, soon after the mail arrived. Q. The stair case is a dark place, up three pair of stairs? - Yes, it is. I went out a second time and found some more in the yard, which corresponded. Q. And you see Mr. Raymond pick up papers? - I did. Q. Did you and Mr. Raymond deliver the papers you picked up, to Mr. Howe and Mr. Slater? - We did. Q. Did you pick up these papers which you delivered to Mr. How and Mr. Slater in the place where you had seen the prisoner throw away pieces of paper? - I did. Q. Did you pick up all that you found? - I did. Q. Was there any stamp on any part of what you picked up? - Not on any one I picked up. Q. I don't know whether you see them put together? - I did not. Q. Did you afterwards search the stair case? - Yes, we did; we took a candle out of the kitchen, Mr. Raymond and me, and in three or four of the bottom stairs we found two or three bits. Q. Did these two or three bits assist in making up what was previously found between you and Mr. Raymond? - It did. Mr. Shepherd. I understand you to say, this young man was employed to open bags? - Yes; and when there were no bags to open, to sort country letters. Q. I ask you, this morning what was he employed in; did he receive bags or what? - He received them and opened them. Q. And then delivered over these bags to other persons to sort them? - No; there is a messenger that takes them from him to the sorters. Q. I understand you then to say, that he received bags and opened them, and then they were delivered to a messenger who delivered them to other sorters to sort them? - Yes. Q. Who were the persons that were that morning the sorters of the letters? - I cannot mention all. Q. Do you mean to say, that morning he was a sorter of letters? - Yes, after he had opened bags. Q. Do you mean to say that the young man that morning after this happened, was employed in sorting of letters? - Not after this happened. Q. This young man you observed him tearing a piece of paper in the yard? - I did. Q. Had you any dispute with him before that? - We had a little dispute with him about a fortnight before, but there was not above six words passed. Q. You had been on good terms since that? - O yes, we did not speak together for about a day, but not longer. Q. Did you ever charge any body else with this offence? - Mr. Gage I did. Court. What with taking this very letter? - No. Mr. Shepherd. On your oath, did not you charge Mr. Gage, and was not Mr. Gage searched, and was it not in consequence of nothing being found on Mr. Gage that the charge was made against the prisoner at the bar? - It was a long while after that. Q. Did not you charge Mr. Gage with having taken a letter out of the very case, and was it not after Mr. Gage was searched, and no letter found, that you made your charge against the prisoner at the bar? - It was a fortnight after that I saw Mr. Gage take a letter. Court. Did you do it on that same morning on which you charged the prisoner Morgan? - No, it was a fortnight after. Mr. Shepherd. Did not you charge Mr. Gage with having taken this letter or bill? - I never charged Mr. Gage with this letter or bill. I charged Mr. Gage with having taken a letter out of the box of the eighth division; it was above a fortnight after this. Q. Whether it was this letter or no, you did charge him with taking a letter? - I said, to the best of my knowledge, I see him take a letter. Q. Did not you apologize before the superiors of that Office, and beg Mr. Gage's pardon, for having so charged him? - I wrote two apologies and sent them to Mr. Gage, and told him that he might make it as public as he thought proper. To the best of my recollection, I see Mr. Gage take a letter, and put it into his pocket, about half an hour after. I went and told the president what I had seen. The reason that I did not go before, I thought that perhaps he might suspect me, and hide it; and the president called him into their room, and examined Mr. Gage, and found no letter on him. Mr. Gage required an apology to be made, and I wrote to him an apology, and sent it to him, saying in it, that he might make it as public as he thought proper. Q. Do you mean to state, that except that one day, you had no coolness or quarrel with the prisoner? - I do; which was, that I said I would kick him when he went out of the office; and he went and told Mr. Blagrave of it. Q. The first bit of paper you picked up had eighty pounds on it; had it any thing else? - Not that I know. Q. Did you deliver that to your superiors? - I did, along with the rest. Mr. Garrow. This transaction, with respect to Mr. Gage, was a fortnight after this man was in custody? - It was. Q. Not at all connected with this subject? - None in the least. Q. Now, with respect to this man, had you communicated your suspicions to Mr. Raymond before you went out to watch him? - Yes. Q. I take it for granted you never made any apology to the prisoner, though you did to Mr. Gage? - No, I did not. Q. Now, at the time you stated Mr. Gage to have taken a letter, did you believe it or was it a false charge? - I did believe it; I was almost certain, but there was none found on him. -RAYMOND sworn. Q. Did Coulston communicate something to you with respect to the prisoner at the bar? - He did. I went out of the office supposing he was gone to the privy. I found the door shut. When I was standing there, Mr. Coulston came up. I then left my situation; and let Mr. Coulston stand there for some little while. When I returned back, I asked him who came out of the privy? he told me, that he saw the prisoner go down stairs, and on the second pair of stairs, take a paper out of his waistcoat pocket. Q. Did you come in sight of the prisoner at the bottom of the stairs? - Yes, going from the privy into the yard. Q. What did you see him do? - I see him tear some paper and throw it down. He walked along the yard towards the office door, tearing paper, and throwing it away which I immediately picked up. Q. Now, did you pick up that second paper in such a manner as to be sure it was what he had thrown away? - I did. Q. Did that constitute a part of what you afterwards delivered to Mr. Stowe and Mrs. Slater? - It did. Q. Did you pick up in this manner that which you are sure came out of his hands? - Yes. Q. Did you see Coulston pick up paper? - I did. Q. Did you pick up other paper on your other search? - I did. Q. Did you deliver it to Messrs. Slater and Stowe? - Mr. Coulston did, in my presence. Q. Did you deliver all that you picked up under these circumstances? - I did. Q. Did you deliver any thing but what was picked up? - No. Q. Did you see it pasted on paper? - I did. Q. Did any thing strike you before it was pasted on paper? - A one shilling stamp. Q. Are these the fragments that were picked up by you and Coulston? - They are. Q. Have you the least doubt that they were all thrown away by the prisoner after he came from the privy? - I have no doubt at all. Mr. Knowlys. Them papers were thrown away in different parts of the yard? - The yard had just been swept; there was no other paper in the yard. Q. They had been thrown in different parts of the yard? - They had. Q. A quantity of paper did there appear to be? - No. Q. How many pieces do you think there may be in all, two or three hundred pieces? - No; about a dozen, more or less. Q. You seem to describe as if he was throwing away for some distance from the privy to the office door? - The last he threw away I picked up as soon as they came out of his hand. Q. You did not pick up the first? - I did part of the first. MATTHEW SLATER sworn. Q. You are one whom they call a president in the office? - I am. Q. Did Couston and Raymond bring you some fragments of paper? - They did. Q. Be so good to look at that, and tell me whether that is what you put together? - It is. Q. Did you put down all the fragments they brought to you? - I did, and nothing more. LEACH sworn. Q. Look at that bill, does it appear to be a bill drawn by you? - It is my hand writing. Q. Did you do this in favour of Mrs. Harris, of Birmingham, on Mr. Leach, No. 29, Bread-street, London? - I did. Mrs. HARRIS sworn. Q. Did you receive any remittance of a bill of exchange of eighty pounds? - I did not. Mr. Shepherd to Leach. Be so good to look at your book, and see how you describe it? - Leach on Leach, two months, for eighty pounds, drawn February 6. This was the bill. (The bill read in its present state.) "801. Watford, February 6, 1795; Sir, tw - after date, pay Mrs. Mary Harris , or order, eight - value received, as advised by your's, Rd. Leach . Mr. Leach, No. 29, Bread-street, London."(Read as drawn.) "801. Watford, February 6, 1795. Sir, two months after date, pay Mrs. Mary Harris , or order, eighty pounds value received, as advised by your humble servant, Rd. Leach . Mr. Leach, No. 29, Bread-street, London." Prisoner. I leave it to my counsel. The prisoner's council offered to call witnesses to his character; but the Court was of opinion, that there was no occasion, as he must be considered to have a good character, or else the Post office would not have kept him in their employment. GUILTY. Death . (Aged 16.) Tried by the London Jury before Mr. Justice ROOKE. Recommended by the Jury, on account of his age; and also recommended by Mrs. Harris . 215. STEPHEN BARNETT and JOSEPH GEORGE were indicted for feloniously stealing, on the 3d of March , a blue cloth coat, value 10s. the goods of Arthur Ahmuty . THOMAS SMITH sworn. Q. Where do you live? - In Tibbett-row, Queen Ann-street, East. Q. Did you ever live with Mr. Ahmuty? - About a month ago. Q. Where did he live? - No. 3, Russell-place . Q. Do you know of his losing a cloth coat? - Yes; I had the brushing of it in the area on the 3d of March. Q. Was there a gate to the area? - Yes; It was at the front of the house, My master's bell rung, and while I was gone up to answer it, and when I came back, the coat was gone; it was in the morning, about nine o'clock; I heard an alarm; I went up to the door. Q. What alarm? - A pulling of the bell; I went out, and saw the coat in the custody of Mr. Croker. Q. Did you see any body else? - Yes, Mr. Abchurch; Mr. Croker had got Joseph George, and Mr. Abchurch had got Stephen Barnett. Mr. Wentworth. You had never seen Barnett before? - No. -CROKER sworn. I live in Tottenham-court-road; I am a constable of St. Pancras; I was informed of three suspicious persons in the neighbourhood. I was called out of my bed about half past six. In consequence of that alarm, I got up immediately, and I followed them, and I see Mr. Abchurch, and I shewed him the three persons, and told him my suspicions were of the two prisoners at the bar, two of these persons I believe, because I lost sight of them. Some time after I pursued, and ordered Abchurch to go before. I see them return back, and I see they were viewing the different areas. I went into a public house, and was not there above a minute before I heard that one had got into an area. I went out, and I observed George get out of the area of Mr. Ahmuty, with a coat. He saw me, and he dropped the coat immediately on the steps, and I ran to seize him directly. I was in the middle of the street, and he saw me drawing my cutlass from under my coat. Q. Was it drawn out of its scabbard? - It was; he got out of the area, and ran for about two or three yards, I had my cutlass drawn, and I seized him, and I ordered a person to take up that coat, and bring it to me. Q. Did you see Barnett in company? - No. Prisoner George. This prisoner was not along aside of me, I never see him before till he was tied to me. I had been along with my sister; Mr. Croker came up to me, and says, that is right enough, seize him, Mr. Croker had the coat under his arm. Stephen Barnett , Not GUILTY . Joseph George , GUILTY (Aged 17.) Judgment respited . Tried by the second Middlesex Jury before Lord KENYON. 216. SAMUEL GUNNER , was indicted for feloniously stealing, on the 19th of October , an iron Japan teaboard, value 1s. a pair of bellows, value 4d. a pair of iron snuffers, value 4d. and an iron Japan snuffer stand, value 2d. the goods of Elizabeth Wood . ELIZABETH WOOD sworn. I live in Bethnal-green, No. 2. Q. Were you robbed at any time of a tea-board, bellows, &c? - I was under an arrest for the debt of repairing a vessel which partly belonged to me, I was not at home, the prisoner imagined, he might detain these things for some washing I had of him, I would not wish to hurt a poor man, his family is all starving. Q. Did he keep them in his house? - Yes; he did. Q. Did you apply to him for these artioles? - Yes; I did. Q. What account did he give of them? - He said he would deliver them to me, when I paid him for the washing of the furniture of two beds. Q. Who delivered them to him? - I delivered them to him at the time of the arrest. Not GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 217. JOSEPH HARRISON was indicted for feloniously stealing, on the 16th of March , sixty pounds weight of lead, value 5s. the goods of Charlotte Jackson . CHARLOTTE JACKSON sworn. Q. Are you a married woman? - A widow . Q. Keep house any where? - Yes; in Sloane street . Q. Were you robbed of any lead at any time? - I was of a piece of pipe, it was out of the shop. Q. Do you follow any business? - A Plumber . I saw it in the shop on Wednesday, the 11th of March, in the evening. Q. Did you see the prisoner take it? - No. Q. When had you the first intimation of its being taken? - The 16th of March. Q. Who brought you the information? - The constable, Black. Q. When did you first see the prisoner after the information? - On the 16th, he was detained for the lead. JOHN WARREN sworn. I am a constable of Marlborough-street. I know the prosecutor, the repairs was done at my house. Q. I understood that lead was taken from Mrs. Jackson's shop? - It was a piece of pipe took from my house to her house, and taken from her house at last by the prisoner. Q. How much lead was taken from your house? - About fourteen pounds weight; I should know it again. Q. Do you remember what day? - I cannot positively say, it was near eleven o'clock. Prisoner. I hope the Court will not transport me. WILLIAM PARKINS sworn. I am a Plumber, Mrs. Jackson's foreman. Q. Did you take any lead from Mr. Warren's to her house? - Yes, on the 12th of March. Q. What sort of lead was it? - It was a pipe fifty pounds weight. Q. Did you leave it when you took it; to Mrs. Jackson's? - I took it into the shop immediately. Q. Did you see the prisoner take it? - No. Q. What time did you leave it in the shop? - At eleven o'clock in the day. Q. When did you first miss it? - I never missed it at all. It was thrown among the old lead. Q. When did you miss it? - I was ordered to Bow-street. Q. Did you see the lead at Bow-street? - Yes, in the constable's hands. Q. How did you know that lead? - By the particular marks that there was in the joint to put in the water cock. WILLIAM BLACK sworn. I am a constable belonging to Bow-street; on Monday, the 16th of March, I went up to an old iron shop to get some screws for my own use, and the prisoner came in. Q. Whose shop was it? - Mrs. Man's, at the top of York-street, Westminster. He asked the woman to buy some lead, he had sixty pounds to sell; he said he understood by the husband, that he had spoke to before, that he would give but five farthings a pound for it. They said for that quantity it would not be worth while to give that for it. She said she would not buy it of him, but there was a person behind, pointing to me, that would buy it of him; I said if he would bring it to me I would take it; he said he would come with it about five o'clock in the evening. The same day, between five and six o'clock in the evening he came, he said, he believed it was cabbage; I asked him how he came by it? he said it was cabbage, that a man authorized him to carry it down there, and he would give him a shilling for carrying it, and he should have some more next week if I would buy it. After looking at it, I told him I did not think he came by it honestly, and that I was an officer of Bow-streets I took him there and kept the lead. After we went to the office, he told the magistrate that if I would go to Sloane-street with him, he would shew me the person who he had it of; and I asked him if it was not a man that his mistress put a good deal of confidence in? he said, yes, it was; but when he got near the house, he said I had it not of a man; it was a woman gave it me. He wanted to go into the public house, I would not let him go into the public house. He told me before that the person lived at a private house. I took him into custody, and took him that night to Tothilfields; and going down I learned that his wife lived with Mrs. Jackson, was her servant, and that it was from his wife he got the lead. Q. Did he say his wife was a servant to Mrs. Jackson? - Yes. Q. To Prosecutrix. Has this man a wife in your service? - She was in my service at the time. Prisoner. I did not thieve it, a person gave it me. Warren. I can swear to this pipe, this went through a part of the wall, and the cask was cut away the other side. Perkins. I can swear to it by these two joints. Prisoner. I had it given me to sell. I have no witnesses at all. Q. To Prosecutrix. Did you know this servant had a husband? - Yes. Q. What was his business? - I don't know. Jury. How long was she your servant? - Five months. I always thought her husband and she were parted. Court. What may be the value of this lead? - Twenty-eight pounds; about five shillings. Not GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 218. MARY EVANS was indicted for feloniously stealing, on the 25th of March three guineas, and a half guinea , the monies of William Charles Empson .(The case opened by Mr. Alley.) WILLIAM CHARLES EMPSON sworn. I live in Portland-street, Cavendish-square, I am an attorney ; I was returning home; I believe it was on Wednesday, the 25th of March, about one in the morning, very sober; I was accosted by the prisoner; she asked me where I was going? I told her I was going home. She walked down to the corner of the street with me, and I got a few yards off, and she asked me if I would give her sixpence to get something to drink? I put my hand into my right hand waistcoat pocket, where I had four guineas and a half in gold, and three shillings and sixpence in silver. I put my hand into my pocket and felt for the sixpence, and when I had found it among the other money, I put it into her hand; I staid with her about a minute or two minutes and a half, in the street; and all of a sudden she began to abuse me, and told me I might have the sixpence again; I was induced to think from such an extraordinary circumstance, and from her having her hand round my waist, that she had been picking my pocket; on feeling in my pocket I found my suspicion was confirmed, for out of four guineas and a half, I had but one guinea and two shillings and sixpence left; she went off, I pursued her, and overtook her opposite the Pantheon. Q. At the time the prisoner came up to you, are you certain you had four guineas and a half in you pocket? - I am very sure; I had been playing at whist, and I had marked with them. Q. Were there any body else near you? - No. Q. Am I to understand that there was nobody near you from the time you felt your money, to the time you missed it? - Yes. Q. Have you ever found your money? - No. Q. How soon did you overtake her? - It might be about five minutes. Q. Did you take her? - I did; and desired the watchman to feel in her pockets, and he only found some halfpence, and a sixpence; I believe there was a shilling, but I did not take much notice. Q. Was she searched after, at the watch-house? - Yes, she was a great distance, near a mile off. Q. Was there any other girl with her when you overtook her? - Yes, and I think it was the same that was with her when I first met her, but I am not sure. Q. You had her committed? - Yes. Q. No property found at all? - No. Prisoner. I had been to Mary-le-bone, to speak to my sister, and that gentleman met me, and said I had robbed him, and charged the watchman with me. I never see him before in my life. Court to Prosecutor. Did I understand you to say there were two girls when she came up to you? - Yes; she left the other; the other stood three quarters of the width of the pavement off; the pavement was very wide. Q. I understood you to say there was no other person in the street but her, at first? - No, at the time I felt for my money and found it was gone. Not GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 219. WILLIAM HUNT was indicted for feloniously stealing, on the 30th of January , a silver watch, value 30s. the goods of William Mannington . WILLIAM MANNINGTON sworn. I am a footman (in place at present) at one Mr. Chinnery's, Esq. in Cavendish-square. I lost my watch as I was cleaning myself at a gentleman's house, in January 1794; I was out of place then, I was going to get a place. It was at the prisoner's lodgings, in David-street, Portman-square . Q. What was the prisoner? - He was a life-guardman , a lodger; I pulled my watch out of my pocket; I brought my box there that evening, I put it down on the table while I was cleaning myself, I went out and left it, I returned again in a week's time; the man and his wife both denied seeing it; I asked him several times, he always denied it, I urged him about three weeks back that he knew of the watch; then I went to Marlborough-street and got a warrant, and took the prisoner up, and the prisoner had the watch on him at the time I took him up, the runner took it from him. Q. Were you present? - Yes. Q. What is his name? - Hamilton. Q. Have you lived about town all this time? - I went to live at Kensington, at Richard Holboy 's. The number of the watch is 2620; it is silver, the name is Drughouse, Berkley-square. Q. Was there any paper in it? - I cannot answer for any paper. Q. Was there any key or seal? - No, I had lost the key; I took it out of my box to put it into my fob, for safety. Mr. Wentworth. How long have you known Mr. Hunt? - In particular the last twelvemonth. Q. Where did you first become acquainted with him? - In Bethlem Hospital. Q. Do you know a person of the name of Armstrong? - I do not. Q. Do you know the name of the person that washed for you at the time you was in Bethlem Hospital? did not Mrs. Armstrong? - It was Hunt's wife, she passed for his wife. Q. Where did you lodge then? - In Cousin's-street. Q. Did not you visit Mr. Hunt? - I did. Q. Did not you visit Mrs. Hunt? - I did not Q. You swear that positively? - I do. Q. Do you believe that she was then his wife? - Yes, she passed for Mrs. Hunt. Q. How came you to take your box to Hunt's lodgings? - Because it was near my place; Hunt told me that I might take my box there if I liked. Q. Hunt was at home? - Yes. Q. That you swear positively? - Yes. Q. You say you cleaned yourself there? - Yes. Q. Did you go out and leave your watch there? - Yes. Q. What part of the house was this? - The top part of the house, the back room. Q. Then you never gave this watch to Mrs. Hunt, for money that was due to Mrs. Hunt or Armstrong, for washing? - No. Q. That you swear positively? - Yes. SAMUEL HAMILTON sworn. I am an officer belonging to Marlborough-street. On the 1st of April I took this man into custody, and searched him, and found on him this watch. (Produced) I was informed by the prosecutor that it was seen about him; I had a warrant against him, I thought it my duty to take him to a magistrate, which I did. Q. Did any thing pass? - I do not recollect two words. Q. You have kept it till now? - Yes, I have. Prosecutor. That is my watch. Q. Have you any doubt? - No. Q. What may the value of it be? - It cost me five guineas. Prisoner. Ann Armstrong gave it to me, and told me to keep it, and wear it. Court to Prosecutor. You said that you asked this man for your watch, was that at several times? - Yes, at different times; I left it about a week before, I asked her for it, and he and his wife were both present, and they doth denied it. Q. Did you ever ask him and his wife after that week? - Yes, it may be three or four days in that week; I asked them both separately, and both together; I asked him in January and I asked him in February 1794, when he carried my box to the White Horse stables, Kensington. Mr. Wentworth. Still you continued going to him? - I did. Court. They washed for you after February 1704? - They washed for me after I lost my watch, about a fortnight. Q. How long did you continue acquainted with him? - About a month after, or six weeks after I was at Kensington. ANN ARMSTRONG , alias HUNT, sworn. Q. Are you the wife? - No. Q. What is your name? - Ann Armstrong . Q. Do you know the prosecutor, William Mannington ? - Yes. Q. For how long? - For fifteen months. Q. Did you know him at the time that you was in Bethlem Hospital? - I did. Q. You washed for him? - I did; he was frequent at Hunt's house. Q. Did he generally make his visits when Hunt was absent? - He did, to me. Q. Do you recollect his giving you a watch? - I do, on the 13th of January 1794. Q. How long did you keep the watch? - Ever since. Q. I ask you, on your oath, whether you told Hunt, on his inquiry about the watch, how you came by it? - I told him I had it before I knew him; I had it about thirteen months before I gave it him, I believe. Q. He never knew where you got the watch till he was in custody? - No, he did not. Q. How long did you wash for him after he gave you that watch? - About six weeks, never afterwards. Court. Don't you pass for the wife of Mr. Hunt? - I live with him. Q. Do they call you Mrs. Hunt? - Yes. Q. Did not the prosecutor know you to be the wife of Hunt? - Yes, he thought I was. Q. Did you ever receve any money for the washing? - Yes. Q. What did he give you the watch for? - For the use of my body. Q. Did he use to visit Hunt? - He came to visit me. Q. Will you swear that he never visited Hunt? - Never, till after he was out of Bethlem Hospital. Q. Did he ever ask you or the man for the watch? - He never saw me from the time he gave it me, till he took Hunt prisoner. Q. Will you swear that? - Yes. Q. Did he ever ask him for it? - No, he never knew he had it. Q. To Prosecutor. This woman swears that you gave her this watch? - It is wrong. Q. Did you ever give her the watch, or did you not? - No, I did not. Ann Armstrong . He did give me that watch. Prosecutor. I did not; I had money in my pocket; I had no occasion to give her the watch. Q. What do you mean by money in your pocket? Did you give her any money? - No, only for washing. Q. She says, you gave her money on purpose to be connected with her; is that true or is it false? - I never did. Q. Now, since you have lost your watch, did you ever apply to this woman for the watch? - I did; she said she neither had it, nor her husband. The prisoner called three quarter masters of the regiment he belonged to, and two-other witnesses who gave him a good character. GUILTY . (Aged 27.) Transported for seven years . Tried by the second Middlesex Jury before Mr. RECORDER. 220. ELIZABETH HOLMES was indicted for feloniously stealing, on the 6th of April , six yards of printed cotton, value 8s. the goods of Thomas Clarke . THOMAS BOYD sworn. I am shopman to Mr. Clarke, linen draper , No. 171, Hospital . On Monday the 6th of April, about four o'clock in the afternoon, the prisoner at the bar came into our shop and asked to look at some cambrick; it was shewn to her by a young woman in the shop; she is here. Q. Did you observe that yourself? - Yes. I then perceived her, directly after that, looking at some printed cottons; I took particular notice of her turning and shifting herself round, and working about her pockets, and thought she had some intention of stealing, if she had not stole some thing; we were exceeding busy at the time; after she had purchased some cotton, she asked me if I had got any work for her? I said, if she would walk up into the warehouse I would talk to her about the work. Instead of taking her into the warehouse I took her into the dining room, and there searched her. Q. What did you find on her? - Printed cotton. Q. What may be the value of it? - Eight shillings. Q. Did you take it out of her pocket? - No, I laid my hand on her, and charged her with it; and she turned herself round and threw herself, with some degree of violence into the chair, and the cotton fell from under her petticoats. Q. You see it fall from her petticoats? - Yes. Q. Was it in a paper as it is now? - No, only the cotton. Q. Do you know it to be your cotton? - Yes. Q. Is there any private shop mark upon it? - Yes, my own marking; it is Mr. Clarke's. Q. Was it one of the cottons that was shewn her, or only what lay on the counter? - The young lady will speak to that. GRACE BARTER sworn. Q Were you in the shop when that woman came in? - Yes. Q. Do you serve in the shop? - Yes. Q. Did you serve her at all? - Yes, I did. When she first came into the shop she asked to look at some cambrick, which I shewed her. Q. What did you shew her besides? - Printed callico; among the rest I shewed her this print; she bought a small quantity of cambrick; she gave me a shilling and said she would call for it the next morning; she also bought some cotton for the child; she was to call for the things the next morning. I know nothing more than Mr. Boyd took her up stairs. Q. You are sure that is the same that you shewed her? - Yes, I am confident it is the pattern, and has the private mark. Q. To Boyd. Did you keep that piece of goods from the time you took the prisoner till now? - Yes. EDWARD TREADWAY sworn. I searched her and found nothing on her but these duplicates. Prisoner. I had been several times to the shop to ask for work, and gave three different places to go for my character, in Holborn, and likewise in Westminster; and they told me they would send me work if in case any came in, and they told me to call every other day; I called then as I wanted a bit of cambrick to frill a single man's shirt, that lodged in the house; I asked the young lady if there was any work? she told me there was something, and told me to call the next day; and I told them I would take it in goods;, which would be as well as money; and that was the gown piece that I bought I was to have them things, and pay it at so much a week, and I was to work it out. Court to Barter. You gave me an account that she purchased some cambrick and cotton for a child's frock, are you sure that she did not purchase this piece? - She did not purchase this; it was a different pattern she bought; I told her we had no work. Q. Then that shilling was merely left with you that she might have the goods afterwards? - Just so. Prisoner. All my masters were here on Saturday to appear on my character. GUILTY . (Aged 27.) Imprisoned twelve months in the House of Correction and fined 1s. Tried by the first Middlesex Jury before Mr. RECORDER. 221. ROBERT CHARLES was indicted for feloniously stealing, on the 14th of March , two live cock fowls, value 5s. and eight live hen fowls, value 4s. an iron hand saw, value 6d. the goods of George Toomer . GEORGE TOOMER sworn. I live in the parish of Fulham, at the sign of the Three Kings ; I am a Victualler . Early on the morning of the 14th of March, I had three lockers broke open between the hours of two and three o'clock in the morning, I had three lockers broke open, and out of one of these lockers were eight hens and two cocks roosted, and they were took away from that place, it was over the stable. Q. Is the stable in an enclosed yard? - No, no further than there is a little gate sometimes open and sometimes shut; no proper bars to the gate. I see those ten fowls there on the 13th; in the evening they were all safe, they were at two o'clock; likewise a coal-shed locker broke open, and they took a hand saw. Q. Is your coal-shed close to the stable? - No; my coal-shed leads into the kitchen, they never attempted the door that goes into the kitchen; the other room that lets for two shillings a week, they broke open that, thinking the fowls were there, that was joining the stable. They were common locks, one was broke and split in two. Q. On the night preceding, were all the locks fast? - They were all three of them; they were all forced, the nails were drawn out. Q. Why do you lay this to the prisoner at the bar? - I only know by the witnesses. JOHN HUMPHRY sworn. I am watchman at Beaufet-road, Chelsea, at one o'clock in the morning, on the 14th of March, the prisoner came by me in a cart; I then perceived it was the same person that put me in bodily fear, about three weeks before; I knew him again, I then followed him up into Little Chelsea; I then perceived he went towards Fulham, I then returned back again; I then sent to my Lord Moon's watchman and another, and then we went and searched after the prisoner, near the Loyal Wards, at Walham Green, I perceived the prisoner driving the cart under the fence; I then said to my partner, you keep close to the fence, it is the same cart that came past me at one o'clock; I then perceived the prisoner, he made his escape up the foot path; I stopped him, and took him by the collar; I told Turner, the other that was with me, to jump into the cart to see what there was in it, and he found ten fowls, a hand saw, and a sack of fine polsard. Mr. Knapp. Did you look into the cart? - I did. Q. Did you see whose cart it was? was there any reading on the board? - There was; Robert Jellerd . Q. Was you in this foot path? - Yes. Q. Then he came direct into your hands? - He did not come into my hands without I had catched him. Q. He came into your hands, and you laid hold of him? - I did. Q. Was there any body with him? - There was not that morning, sometimes there were two of them, and sometimes three; they have frequented that road for two or three months. RICHARD TURNER sworn. I am a watchman, in the parish of Chelsea; I know of this business a good deal more than they wish for us to know to a certainty. On the 14th of March at one, the clock had struck, when the prisoner had passed in a cart towards the parish of Fulham. towards Milmans row, in a place called Little Chelsea. I spoke to my fellow servant, John Humphry , and I went to my Lord Moon's watchman; we agreed three of us to go and look out for this man, we went and saw the man. After crying the hour of three, and by hearing of us, he jumped off the shafts of the cart, and came round by the tail of the cart; I went and jumped into the cart and searched the cart; I found a sack with some poultry, ten fowls, a hand saw, a cutting knife, half a sack of fine pollard, and this sack was in the prisoner's hand. (Produced.) JOSEPH BROWN sworn. I am a watchman, I was at the taking of this man, on the 14th of March, at three o'clock in the morning. Prosecutor. The hand saw is my property, here is a place that I have cut with a nail. The fowls I have seen, I bred them, the watchmen shewed them me. Humphry. They were the same fowls I found, I shewed them him at the Magistrate's at Bow-street; two of the heads were cut off, they were all dead. Prosecutor. The sowls were absolutely mine. Prisoner. I have nothing to say, I was going to work when these men stopped me, they asked me if the cart belonged to me? I said no; they said I am certain it does belong to you, for I see you jump out. I was not with the cart at all. The prisoner called two witnesses to his character. GUILTY . (Aged 20.) Transported for seven years . Tried by the second Middlesex Jury before Mr. COMMON SERJEANT. 232. FREDERICK MYER, otherwise MARRIOT , was indicted for feloniously stealing, on the 22d of January , four oxen, value 100l. the goods of Joseph Allen . The case was opened by Mr. Gurney, and the prisoner was ACQUITTED . 223. LAWRENCE BURNE was indicted for stealing, on the 3d of April , a twelve feet two inches and a half deal, value 1s. 6d. the goods of Joseph Shepherd and Abraham Shepherd . FRANCIS WEBB sworn. I am a sawyer, a foreman to Mr. Joseph and Mr. Abraham Shepherd, timber merchant s, at No. 166, Wapping . The prisoner is a porter , a labouring man, works about the water side. I see him on Good Friday evening standing on the barge; I see him take the deal out of the barge, and afterwards take it on his shoulder, and walk on the green banks, which is near two hundred yards distant. I followed him, and never had him out of my sight; and as soon as he stopped, I laid hold of him. He asked me what he had done? when I took hold of him by the collar, I said, you know what you have done. He said, I only took it for a step ladder or else a toe board, that is a plank to walk on to the barges. It belonged to one Mr. Fletcher, of Coulchester; I put them on this barge, I am positive to the deal. Prisoner. I was going up Green-bank, and going home. I meant not to make my property of it. Why did not he apprehend me on the barge if he see me? Webb. I thought he was going to steal the deal; that was what I thought. -BOWERS sworn. I am a waterman. I see him take the deal out of the barge, and followed him till he pitched it. Prisoner. Why did not you apprehend me at the time I was going home? there was a carman in great distress, it is a nasty bad street, full of holes, and a man had his horses down, and I gave him all the assistance I could. The man begged me to go and beg a pulley, what they use at the brewers drays; I went, and could not get any; and I went on dock, and thought of one of our ladders; there was never a ladder there; there was a deal plank, and I took it; and when I got back to the green, the cart and the man were all gone; they lighted me up with the deal, the street was so bad. I did not think to steal it, or make any property of it. That is the truth and nothing else. I have no witnesses but God Almighty, and you the gentlemen of the jury. He never apprehended me till I was about three hundred yards from the place. He knows me well; he has known me these ten or twelve years. GUILTY . (Aged 40.) One month in Newgate , and publickly whipped . Tried by the second Middlesex Jury before Mr. COMMON SERJEANT. 224. JOHN HATFIELD , ANN SMITH , and SARAH EGERTON , were indicted for feloniously stealing, on the 24th of February , fifteen yards and a half of muslin, value 6l. 4s. eleven linen handkerchiefs, value 1l. 12s. the goods of Thomas Hand , privately in his shop . THOMAS HAND sworn. I live in St. James's street , a linen draper . On Tuesday the 24th of February, about three o'clock in the afternoon the three prisoners at the bar came into my shop, and asked for some muslin for neckcloths and cravats. I went into a middle shop, which we have on purpose for muslins, and took them there on purpose to shew them. They fixed on one, and bought it; they paid me for it, I think, eleven shillings. During my selling them that, I had great reason to suspect that they were had characters. After they had bought the muslin. they wanted some printed caliico that was in the front shop, and we went there. We had none of the pattern they wanted to match. Q. Did they produce any? - No, only described it. The man asked if we had some stockings? I told him we had; I went and fetched some stockings, and they were not the sort he wanted; he wanted mens, and we had none but them, and he went out of the shop. I mentioned it to our young man; and told him my suspicion that they were thieves. I sent him after them, after some little time, to make an excuse, that I had put up a wrong muslin for them, that I might change it, not knowing then that they had done any harm, only thought so. They were gone up a little street. I really was afraid of charging them with any thing. When they came to the door I told them the same story, that I had given them the wrong muslin, and wished them to come back. They came back pretty readily, and went in. As they stepped up the steps, and went into the shop (I being behind them,) just at the end of the shop, they dropped down eleven linen handkerchiefs, which I trod upon. I then was confirmed, and told them, that I brought them in, not for any mistake, but to examine them. I desired them to walk into the same shop where they bought the muslin, which they did. I then called one of the young women to search them. I see them searched; I stood on one side of the counter and they on the other, after she had felt in their pockets, she said, they had nothing. I said, I am certain they have something, and I came on the other side of the counter to them. As soon as I came near them, this piece of muslin was hanging on our feet. Q. Who was it upon? - I cannot say. I see the piece of muslin under my feet, and trod upon it. Q. Were they in company together? - They were. The neckcloths were for the man, and the woman were to look at them; both the women gave their opinion, but Egerton handed it to him, and gave her particular opinion. Q. When they were buying this muslin for the neckcloths, were they all together? - They were. Q. Where were the handkerchiefs lying? - On the counter; I had just been shewing them; they were in the front shop. Q. Is there any private mark on these things? - Yes. Q. I suppose you had not observed these things missing at first? - Not the least thought of it. Q. You cannot form any judgment which of the prisoners took the things? No; all three of them stopped, and I stepped on the handkerchiefs. Mr. Knowlys. Your shop is in St. James's-street, and you have so much custom, that you have many servants in the shop to serve? - Yes, five or six in the whole. Q. Mrs. Egerton bought some muslin of you? - Yes, she did. Q. What was the amount it came to? - Eleven shillings. Mr. Knapp. You have told us that there were some linen handkerchiefs dropped as you came into the shop, you don't know who dropped them? - No. (The things produced and deposed to.) -GRIMES sworn. On Tuesday, the 24th of February, about two or three o'clock in the afternoon, I had been up to a lady in Albemarle-street, and when I came back, I see the three prisoners in the shop with Mr. Hand; and another lady coming in, he desired me to shew the prisoner some prints, callico. She did not like the pattern. Q. Who was that? - Egerton. Prisoner Egerton. I only came with the lady that wanted to buy. She gave me half a guinea. Mr. Hand came up immediately, and I gave him the half guinea. They went out, and Mr. Hand came into the front shop, and told me he suspected them; and I followed them and brought them back; and see the prisoner Smith pull a piece of muslin out from her cloak or must, I cannot say which, and put it behind her back. Mr. Hand called his niece to search, and when she came up, she dropped the muslin; I see it drop; and when his niece searched her, she moved off, and the muslin was picked up by Mr. Hand, I believe. Mr. Knowlys. Where was Smith at the time you saw this? - In the middle shop. Q. Where was you? - In the front shop. Q. And you saw it at that distance? - I did. Q. Mr. Hand was on the other side of the counter? - Yes. Q. And they standing near the counter where the muslin was? - Yes. Q. She standing near the counter the muslin might have brushed from the counter? - I see it drop from her hands. Q. You would have seen it fall if it sell from the counter? - No, I think I should not, because they stood before me. Court. They stood with their faces to the counter? - No, they stood rather of the side. Prisoner Hatfield. On the 24th of February I was returning from Chelsea. I met with Mrs. Egerton and Mrs. Smith. She said she was going to buy some muslin, and handkerchiefs for her husband. I then told her I wanted one, and would be very glad if she would look at some for me. We went to this shop; they shewed us several pieces that we did not like, they were not fine enough. He shewed us some at last that would do; and then she asked to look at some cotton, and then she went into the other shop. I at the same time wanted a pair of stockings. I asked Mr. Hand for a pair of stockings; they brought two pair and shewed them; they were too narrow in the rib; I did not like them. We went out; I had not gone above twenty yards before we were followed, and told the woman had got the wrong muslin. I never was nigh the muslin, nor ever saw any thing of the kind. Prisoner Egerton. I had been at Pimlico, to pay a quarter's rent, and I went into this shop to buy my husband a neckcloth. The gentleman shewed me one; I did not approve of it; the second I did approve of, and I paid for it, and I came out; and Mr. Hand came and said, I had got the wrong muslin; and I went and unsolded it, and laid it over my arm; and he said, that is not what I mean; I believe that gentlewoman has got something of mine. I insisted on Mrs. Smith being searched; she was searched; he found nothing; he then bid us go about our business. Coming out of the shop he called Smith back again, and said, there was a piece of muslin fell from her. Prisoner Smith. The gentleman desired me to be searched, I said I had no objection, I laid my muss down, I then put up my petticoat and turned round; the young woman that searched me put her hand into my right hand pocket, and then into my left, and I had not a bit of muslin about me; Mr. Hand says, have you found any thing? she said, no, the woman has got nothing; Mr. Hand came from behind his counter then, and says, here is a piece of muslin; and I am sure I was then a yard and a half from the counter; the counter was full of muslin, and the woman said, she has nothing about her, she has no muslin indeed; I had not a bit, nor did I touch the muslin, as I did not want to purchase any. The prisoner Egerton called four witnesses to her character. John Hatfield , Not GUILTY . Ann Smith , GUILTY . (Aged 51.) Transported for seven Years . Sarah Egerton , Not GUILTY. Tried by the second Middlesex Jury before Mr. COMMON SERJEANT. 256. MARTHA SMITH was indicted for feloniously stealing, on the 13th of April , four yards of printed cotton, value 7s. the goods of Joseph Craigg . JOSEPH CRAIGG sworn. I live in Holborn , a linen draper . On Monday, the 13th of this month, about eleven or twelve o'clock in the day, a young woman came in and told me that a person took a piece of cotton from the door; I went and saw the prisoner had tore this printed cotton from the string, and had it in her apron. Q. Was the piece separated from the string? - It was; I see her, and I went and took hold of her hand, and took it out of her apron; she said she had not got it in her apron, she denied it; I never see her before that I can recollect. Q. Did she walk off? - No, she stood there; she was in the act of putting it in her apron, and the other half was on the ground; she appeared to be in liquor. Q. She did it openly and publickly? - Yes, several people see her do it, and told me. Prisoner. I never went nigh the door at all. GUILTY . (Aged 30.) Imprisoned one month in Newgate , and fined 1s. Tried by the second Middlesex Jury before Mr. COMMON SERJEANT. 226. WILLIAM BURGESS , was indicted for feloniously forging and counterfeiting, on the 16th of February , a certain paper writing purporting to be a promissory note, for the payment of five guineas, with the name of William Howard thereto subscribed, dated the 1st of January 1795, with intention to defraud Samuel Walpole . A second COUNT, for uttering the same with the like intention. And a third and fourth COUNTS, with forging and uttering the same with intention to defraud Robert Drummond , and Co. SUSANNA WALPOLE sworn. I live at the Red Lion, at the foot of Westminster-bridge, I come on account of a note that I gave change for on Friday the 6th of February; I gave change for a note to William Burgess , which has been refused by Mr. Drummond. I am sure it was the prisoner, I never see him before. He came in, and asked my sister change for a five guinea note, and she had not the change and I gave it; it was about seven o'clock in the evening, there was no name on the back, I sent it after him to put his name on the back, to the butchers, by a little boy, Thomas Matthison, he lived at the butchers in the neighbourhood, and knowing his master, I gave him change. I asked my sister if she knew the man, she said she knew the master. He took the note from the boy into a public house, and there it was signed by another person, and the boy returned it with a name on it. I kept it till the Thursday following, and then I paid it away to Mr. Parkinson, to the brewer's clerk, and he paid it, and then it was returned to me the next week again, not being good; I am sure that is the same note, there is on the back of it the name of John Tomlin , and a name that Mr. Parkinson put on it. Q. Did you put any mark on it? - No. THOMAS MATTHISON . I live along with my father-in-law, he keeps a public house, the sign of the Queen's Head; I am thirteen. Q. Do you know the nature of an oath? - No. Q. Do you know any thing about telling stories? - Yes; it is a bad thing. Q. What will become of bad people, if they tell stories? - They will be unhappy and be punished. Sworn. Q. What do you know of this transaction? - I took a note from Susanna Walpole , and carried it to the prisoner's master; the master said the note did not belong to him, he would be in in a minute, my master called him in, and he took the note to the sign of the Bag of Nails, at Pimlico, I went with him, and he called another man out to sign the note, the prisoner told the other man to put his name to the note, he put his name to the note, he put his name John Tomlin , that was all that past, I brought it back and delivered it to Susanna Walpole. Q. The note was not changed you are sure? - Yes; I am sure it was not changed. Mr. Alley. You gave the man the note at the butcher's, therefore whether he changed the note during the time he was going to the public house, you can, not tell; did you see it in the hand of the prisoner all the way? - I did not. Q. Will you take on you to swear that that is the same note then? - No, I will not. Court. Did the other man change it? - No. THOMAS PARKINSON sworn. I received this note the 12th of February last, from my clerk, it is a never failing rule with me to put the persons name on that I receive notes from, and the day of the month; it was paid into our banker's, and returned to the house; that is the same note. ROBERT MARSHALL sworn. I am clerk to Messrs. Drummonds; there is no such person as the drawer of this in our house. Q. You have no connection with any country bills? - No, none at all. Not GUILTY . Tried by the second Middlesex Jury before Mr. COMMON SERJEANT. 227. WILLIAM ARCHER was indicted for feloniously forging and counterfeiting, on the 16th of February , a certain paper writing, purporting to be an order for payment of money, and to besigned by one John Ireland , bearing date the said 16th of February, directed to Messrs. Devoyne and Co. for the payment of twenty pounds; with intention to defraud the said John Ireland . A second COUNT for uttering the same, knowing it to be forged, with the same intention. And a third and fourth COUNTS for forging and uttering the same, with intention to defraud Gerard Devoyne , Alexander Kidd , &c. JOHN IRELAND sworn. I keep an upholstery warehouse . On the 16th of February last, the prisoner filled up a check, and Mrs. Ireland signed it. Q. Who was it directed to? - To Devoyne and Co. banker s. When that was done he cut the blank check off, so that there was no margin left. Q. Do you know that he had your check paper at that time? - Mrs. Ireland gave them him; Mrs. Ireland said so, I was in the country at the time; when the book from the bankers came home I see that was not my check; that was in March; when the check came home I took the check from the book, and I says to my clerk, this is not my hand writing; I looked in the bill book, and I found I had no such thing to pay, there was no such bill in the margin; says I, it is very odd to me; in a little time I took my clerk with me, William Archer , says I, it is your filling up, it appears very had to me that you filled it up. Q. Did you know the hand writing of the clerk to be his filling up? - I did. I thought it was very extraordinary; he says certainly you must sign it; I said, I did not sign it; he said if it was not my signing it could not be his hand writing; says I, don't you know your own hand writing? how can you tell me so? After that he said, I don't know whether it is my hand writing or not, says he, I cannot swear to it; I takes my check out of my book, says I, this is the same hand writing which you have filled up in these; he said he did not know it was his hand writing. That passed from that time till the latter end of the week, and then he owned he had done it. Mr. Knowlys. I believe you said that it would be better for him to own it? - I cannot say that I did. Q. Don't you rather believe that you did? - I don't know that I did; all that I said to him when he was in prison was, if you can but get off for a soldier or sailor, I should be very happy. Q. Now did not you say that if he would confess, it would be better for him? - I don't know that I did, I am not positive, I rather think I did not; I desired he would tell me, and he denied it; I told him he had better confess it, because I supposed he was guilty, it would be more satisfactory to me. Q. This was before you had that conversation in the latter end of the week? - It was after that. Court. You told him he had better. confess, because you knew he was guilty; what he said was after that? - He did not tell me till the next day. Q. Did you go to the banker's about this check? - My wife went to the bankers. Mr. Knowlys. Was not he employed by you to fill up the body of the checks, and you and Mrs. Ireland used to sign them? - Yes. Q. All the checks were filled up by him? - No, the major part were, but not all. JOHN PRICE sworn. I am a broker. On the 30th of March, Monday morning, Mr. Ireland's son-in-law sent to my house, No. 4, Little Portman-street; it was Mr. Brown; he told me that Mr. Ireland wanted to speak to me, he could not tell what Mr. Ireland wanted with me; then I went to Mrs. Ireland's house, and Mr. Ireland was in the shop; and the prisoner was in the shop; Mr. Ireland told me that Mr. Archer had been forging on him, and desired that I would take care of him,(I am a constable) Mr. Ireland walked about the shop two or three times, and says he, I must go up to the banker's, and tell them of it, and, he said I had better stop there with him; I said, I had better take him with me to my own house, which I did; we stopped there for a couple of hours, and then Mrs. Ireland came in; she told me that the banker was out of town, and they expected him in town about three o'clock; Mrs. Ireland said, that she hoped that they would do every thing in their power to save the prisoner, but it was a very bad thing in him to do so, it hurt her more than any thing that ever hurt her in her life. The next thing, Mr. Ireland came, I believe at about five o'clock, the prisoner was with me at that time; Mr. Ireland said he had been up to the banker's, and asked, him if he had any friends that could raise any money for him? Mr. Archer told him that he had no friends, but he had some rent owing him, which was some pounds, and that he could not think of doing any thing of that sort; Mr. Ireland told him that it hurt him very much to think of hurting of him, and if he could raise ten pounds, and go for a soldier or sailor, he would forgive him; with that he agreed to go for a sailor on the morrow; Mr. Ireland still left this Archer in my care, with that I did not know how far it was right in that crime, I said to Mr. Ireland, if he would indemnify me for keeping him- Mr. Knowlys. You must not say any thing about that. - The next thing we did we took him to the watch-house that night, and put him down below stairs, and did not charge him, with that he stopped there about a quarter of an hour, and then the constable of the night came. and he insisted on his being charged for the crime which he had done, or he would let him go about is business; with that Mr. Ireland and another gentleman went back; says Mr. Ireland, I may as well give charge, the crime is very bad; says he, constable, take charge for the forgery, not mentioning the sum of money. That is all that passed that night; then he was brought up to Marlborough-street, before Mr. Scott. Mr. Knowlys. What passed there was taken in writing? - It was. Q. So you suffered Mr. Ireland to compound felony? - No, I would not suffer him to do it. Q. You kept the prisoner a couple of days? - No, I did not; only some hours. Q. You should have taken him to gaol, should you not? - The man said he could do no such thing as raise the ten pounds. Not GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 228. GEORGE HARDWICKE , JAMES HAYDON , JOHN HENLEY , JOHN DELANY , WILLIAM HANDLAND , SIMON JACOBS , JOHN SOLOMONS , WILLIAM TILLEY , and JOHN PHILLIPS , were indicted for that they, not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil, on the 4th of April , on Idswell Idswell, otherwise called Isdwell Isdwell , did make an assault; and that George Hardwicke , with a certain gun called a blunderbuss, charged with gunpowder, and divers pieces of lead, and pieces of iron, did feloniously, wilfully, and with malice aforethought, discharge to, at, against, and on the said Idswell, or Isdwell; and that he, the said George Hardwicke, out, of the said, gun, then and there, feloniously, wilfully, and with malice aforethought, did strike, penetrate and would the said Isdwell, or Idswell, in and upon the right side of his back, near his left hip, giving him one mortal wound, of the depth of three inches, and the breadth of one inch, of which he instantly died ; and that James Hayden , John Henley , John Delany , William Tilly , William Handland , Simon Jacobs , John Solomons , William Tilley , and John Phillips , at the time of committing the said felony and murder aforesaid, feloniously, wilfully, and with malice aforethought, were aiding, abetting, comforting, assisting and maintaining the said George Hardwicke to do and commit the said murder ; and so the jurors, on their oath, say that he, George Hardwicke , James Haydon , John Henley , John Delany , William Handland , Simon Jacobs , John Solomons , William Tilley , and John Phillips did commit the said murder. (The indictment opened by Mr. Trebeck, and the case by Mr. Garrow.) GEORGE BURROUGHS sworn. Q. You are a surgeon? - I am. Q. I believe you was called upon to examine a wound of a man of the name of Day? - I was. Q. On what part was that wound inflicted? - On the upper part of the head. Q. When was it you saw it, what day? - I really don't know the day. Q. How soon after this business happened? - The day after this had happened. Q. On the 4th of April? - Yes. Q. On what part of the head was it? - On the upper part, towards the side of the crown of the head, towards the ear. Q. Was it a continued grazed wound? - It was continued. Q. Could you form any judgment, whether that would was indicted by a gun shot? - I have an opinion on the subject. Q. Was your opinion that it was? - It was. Q. On your opinion, as a man of seience in the profession, it was indicted by a gun shot? - It was. Q. I don't know whether you washed the wound or see it washed in your presence? - I did not. I directed it to be done; it was not done in my presence. Q. You did not extract any thing from the wound? - I did not. Mr. Const. When you say it was your opinion, did you form that opinion from the appearance of the wound only, or from such information as you may have received? - Merely from the appearance of the wound. Q. You had, I suppose, heard at least, what passed? - Yes. Mr. Garrow. That did not assist your judgment? - It certainly had a very different appearance from what we call an incised wound or a contused wound. Mr. Const. You have seen many gun shot wounds? - No, I have not been in the habit of seeing many of them. Mr. Garrow. Thank God there are not many practical surgeons of that cast. Mr. Const. How long have you been in practice? - About ten years in practice; not all the time for myself. Court. Which side of the head was it upon? - Upon my word, I have almost forgot on which side it was; I think it was the left, but I am not positive of that. SAMUEL NEWPORT sworn. Q. You are the keeper of a prison? - Yes. Q. Of what prison? - New-prison, Clerkenwell. Q. Have you the warrant of commitment that was made by Mr. Flood? - Yes. Q. Be so good to hand it over; you know Mr. Flood's writing? - Yes.(The warrant of commitment of Isdwell Isdwell, otherwise of Idswell Idswell, dated the 14th of March, read.) Const. Was he brought on the date of that warrant - He was. Mr. Fielding. When did you last see him in your gaol? - It was on the Wednesday preceding the Friday; I was up at Bow-street with him at a re-examination. Q. What Wednesday was that? - It might be the first of April, Friday was the third. Q. Then you was with him at that time at a re-examination at Bow-street? - Yes, on Wednesday. Q. Did he come back again in your custody? - Not in my custody; he came back in the custody of a servant of mine, named Roberts. Q. When had you last seen him yourself? - I saw him the Wednesday at Bow-street; I left him at Bow-street in the care of my servant; I did not see him afterwards. Q. Where is Roberts? - He is at the door; he see him every day. Q. Day was a keeper of the prison? - Yes. Q. What was the particular appointment of him in the prison? - He was as an under servant, but he had not been above a year, or year and a half with me, and therefore he was not entrusted with the outer key, except at night, and then they took it in turns. Q. Who is your principal man under you in the prison? - I consider Roberts as my principal man; but my principal turnkey, his name is Norman. Q. Was Day an under servant to him? - He was. Q. Was Day entrusted with the key every night? - No, not every night. Q. Did it depend upon Norman, the principal turnkey, to entrust him, or did the trust come from your particular order? - It did not come from my order, but they settle it among themselves; three of them took it in turns. Q. When he is entrusted with the key at night, of course he has the care of the outer gate? - Yes. Mr. Knowlys. Mr. Newport, had Day acquainted you that he had at any time received any presents from Isdwell? - No, he had not. Q. Not of any sort, nor at any time whatever? - Not to my recollection. Q. Had you ever the smallest idea that he meant to give Isdwell, or any other prisoner, any indulgence out of the walls of the prison? - If I had any idea of it I should have prevented it, you may depend upon it. Q. Did you know of any person being admitted to him beyond the order of the magistrate? - I never knew it till after this happened. Q. Day never acquainted you with it? - No; that came out at Bow-street; I never knew it till then. Q. Therefore if ever Day did any thing of this kind, it was against his duty, and without your permission? - Certainly. Mr. Henderson. How long has Day lived with you? - He has lived a servant with me about a year and a quarter. Q. Did you ever know him before that time? - Yes, I have seen him sometimes, before I engaged him, and I went to inquire into his character. Q. Did you ever see him in prison? - Never. THOMAS ROBERTS sworn. Q. You live with Mr. Newport? - I do. Q. Did you attend Idswell to Bow-street on Wednesday? - I did on Wednesday the 14th of March. Q. When was the last day that he was examined at Bow-street, before he made his escape? - I was not there the last examination. Q. Mr. Newport has misled us then? - O yes, I was there the 14th of March. Q. When was the day of his escape? - The 3d of April. Q. What day in the week was it? - Friday. Q. Then, on the Wednesday before that, there was but one day intervening between that Friday and Wednesday, the Friday of his escape? - Yes. Q. The Wednesday before that Friday he was examined at Bow-street, was he not? - I was not there on that day. Mr. Newport. Now I recollect it was Tuesday. Q. To Roberts. Did you attend the last examination before his escape? - I was not there. Court to Newport. Who brought him back from Bow-street? - Upon my word if Roberts did not bring him back, I cannot tell who did. Q. To Roberts. Recollect yourself, if you was not there, it does not signify, did you see him in prison on the Wednesday after the examination? - I did. Q. On the Friday he made his escape? - He did. Mr. Garrow. Did you see him on any part of Friday before he made his escape? Court. Then I must correct Mr. Roberts's evidence. You see him on Wednesday, was it on Wednesday after the examination? - On Wednesday, if the examination was on Wednesday; but I am not sure whether it was Tuesday or Wednesday, but it was the day when the last watch was delivered up to him. Mr. Garrow. Roberts, was you there when the last watch was delivered up to him? - I was. Q. And was the prisoner taken back to gaol, and was he continued there till Friday, when you see him? - He was. Q. Then he was there on Friday the 3d of April? - He was. Q. Have you seen the deceased since he died? - Yes, I have. Q. Is that the man? - That is the man that I saw on the 4th, and that escaped from gaol. Q. Mr. Gurney. Did Day ever disclose to you that he meant to give Idswell any indulgence beyond the walls of the prison? - Never. Court. We must almost take that for granted. Mr. Garrow. I will admit it. Mr. Gurney. Mr. Tilley attended the prisoner Idswell in your custody? - He did. Q. He attended Idswell in the character of his solicitor? - He did. Q. There was an order for his admission from the magistrate that committed him? - The first time there was, and it continued. Mr. Alley. How long have you been concerned in this gaol? - I believe about fourteen years. Q. About three years before you came to the gaol, will you be kind enough to tell what you was then, or something about that period? - I do not recollect. JOHN DAY sworn. Q. Were you employed in the gaol when Idswell came there in custody? - Yes. Q. Were was he lodged in the gaol during the time he was in confinement? - In a room over the lodge. Q. Who attended on him while he was in custody? - I did chiefly, when I was in the way. Q. Was there any particular order given with respect to permitting persons to have access to Mr. Idswell? - I believe there was; I cannot say. Q. They were not given to you personally? - No. Q. Did he make any application to you for any extraordinary indulgence? - Yes. Q. What was the first application he made? - The first was that he pretended he had an uncle come out of the country. Q. When was it? - I believe Sunday, the 29th of March; that if Crosswell and me would permit him to see him- Q. Who was Crosswell? - A fellow servant. For the space of an hour, if we would permit him to see him, he would make us a present of a guinea each, Crosswell agreed that he should. Q. Was the uncle introduced to him? - Yes. Q. When, and with whom? - Mrs. Idswell. Q. Who was the uncle? - They called him uncle Johnny. Q. Mrs. Idswell passed as the wife of the prisoner? - Yes. Q. Was that the widow Jones? - I believe it was. They staid about half an hour. Q. At what time in the day or night was it they were introduced? - About twelve o'clock on Sunday night. Q. About midnight? - Yes. Q. They staid about an hour you say? - Yes; and then they went away. The next morning she came, and said her aunt was very ill in Artillery street. Q. Who did she address that information to? - To Mr. Idswell. Q. You was in the room then? - I was; she was always admitted to come to him. Q. What were you doing in the room? - I was getting his breakfast. She said her aunt was so ill, she could not expect she would continue long, then said that her aunt was always talking about seeing Mr. Idswell, and said that if how he could see her, it would be the cause of her giving him seven or eight hundred, or a thousand pounds; he said, the last time he saw her she made him a present of a hundred guineas, and if I would ask Crosswell to conduct him to see her, he would make us both a very handsome present. Q. Do you mean to ask Crosswell, for Crosswell to go? - Yes. Q. Who usually kept the key? - Cross. well. I told him I would have nothing to do with it, it was a very dangerous piece of business. Q. Had he paid you any compliment for letting in Johnny? - Yes; he paid us a guinea a piece. Q. Who gave you that guinea a piece? - Idswell. Q. When? - On the morning after the indulgence. Q. That was the same morning when this lady brought up about the aunt? - Yes. Q. You refused it first before you consulted Crosswell? - Yes; and he desired particularly that I would ask Crosswell; I asked Crosswell, and he refused it also. Q. Did you communicate that to Idswell? - I did. She came again, Mrs. Idswell did, and said she was going to sit up with this aunt all night. Q. Addressing herself to whom? - To me. Q. Did she add any thing more? - No; she did not say any thing more. The next morning she came, and said she was still so very bad, that she did not expect to see her alive when she went back. The next morning they both asked me to ask Crosswell again. Q. Which of them? - Both of them. Q. Now attend without inquiring of you all that Idswell said to you, or Mrs. Idswell from time to time. Did you at any time before you went out of gaol with Idswell, see any of the prisoners at the bar? - Yes; this little man, Simon Jacobs, and Tilley. Q. What did you see Jacobs do? - He used to come backwards and forwards with messages to Mr. Idswell. Q. Now with respect to Mr. Tilley. he was the attorney, and was admitted whenever he chose to come? - Yes. Q. Previous to the 3d of April, had you any conversation with Tilley on the subject of Mr. Idswell's going out of gaol? - No, I had not. Q. Do you remember hearing any observation with respect to Mr. Moses, who is in custody in another gaol? - Yes. Q. When was it that this conversation took place respecting Moses? - The Good Friday night, the 3d of April. Q. Where was it? - I went up to get Idswell tea in the afternoon, and Mr. Tilley came up, while I was in the room. Q. Was this before or after it had been agreed that Idswell should go out that night? - Before; Tilley came up in a great hurry, and said he had just been drinking along with Mr. Bryant. Q. Who is Mr. Bryant? - He is a deputy who belongs to the House of Correction, in Cold Bath Fields. Q. Deputy to another gaol, where Moses was in custody? - Yes; Tilley says, I find that Mr. Moses is going home along with Mr. Bryant to night, to keep his passover with his wife and family. I did not hear him say any thing more; yes, he said, if you go about ten o'clock to night you may see him go out, I told him it was of no service to me, I should not go about it. Q. Did you learn whether on this occasion, the keeping of the passover with his family, was the only instance in which Moses had been absent from prison? - I did not. Q. What was the next circumstance that happened? - Mr. Tilley came down stairs. I left him in the room, he says, Mr. Day, your master wants you. Q. Who did he mean by your master? - Idswell. I went up stairs directly, and Idswell asked me whether I had said any thing more to Crosswell? - I said, no, I should not say any thing more; he asked me to send for Crosswell up; there was nothing more past. I came down, and sent Crosswell up to speak to him. Q. What was the next fact that took place? - Then when Crosswell went up, he had a rough great coat on, which he had worn the whole day. I went up stairs again, and I fetched some things out of pawn, that Idswell had given Crosswell the duplicates of, on Thursday night. Q. In the result, was it agreed that Idswell should go out of prison that night? - Crosswell said so as soon as he came down. Q. What was done after that? - About nine o'clock after the people were all locked up, and Crosswell had left that great coat in the room were Idswell was. - Q. How do you know that? - When he came down stairs he had not got it on, and he went up with it on, A little while after, Mr. Roberts came in, and I believe Mr. Roberts staid till about eleven o'clock. Q. When in fact did you come from the prison? - He went out as soon as Mr. Roberts was gone, I went out and see every thing was still; Crosswell went out, and asked me to go and see if every body was gone to bed; when I came in again, Crosswell wanted me to go directly, he said it was very safe then. Just as we were going to go out, I refused three or four times over; says Crosswell, I will load a blunderbuss for your safety; he loaded one, and I refused to go then, and he said that would be security for me, I might go safe enough with that, and master's servant came down in the place, and he was going to ask him for a cutlass. Q. In point of fact, when did Idswell come down from his room, if he came down at all? - Near twelve o'clock. Q. In what condition did he come down in? - In a rough coat that Crosswell had wore all the day. Q. Had he his irons on? - He had his irons on. Q. Had any thing been done with respect to them, they usually make a noise; don't they? - He tied them up with his handkerchief. Q. Were was that done? - In prison. Q. Before he came down stairs? - Yes. Q. What then? - Idswell said, if you have any scruples of my coming back again, I will leave a hundred guineas, and all my property with you; at last, with great persuasions, I went out along with him, we walked as far as Smithfield, and then took a coach. Q. That is a great way; is it not? - Not half a mile. Q. Is that the first coach stand? - No, there was none on Clerkenwell-green. Q. That was the first stand on which you found any coaches? - Yes. And I believe he rode as far as Arillery-street. Q. How came you to go to Artillery-street? - This was where this aunt was. Q. Who told the coach to go to Artillery-street? - Idswell did. Q. The place to which you was to go to, being No. 13, Artillery-lane ? - Yes. When we got out of the coach, we asked the coachman where this No. 13 was. Q. You got out of the coach without driving to the door? - Yes. Just as we got to the door, about ten yards from the door, Mr. Tilley I see come from the door, or it may be fifteen yards, and his wife with him; I said to Idswell, there is Tilley; says he, is there? so as soon as we got to the door, the door was ready open; when I got to the door, I said to the man that was at the door, there is Tilley, call him. Q. Who was at the door? - A man of the name of Bowley; Bowley called him and Tilley came back, and shaked Idswell by the hands, and said, who should think of seeing you here, Mr. Idswell, at this time of night? he said something more to him, but what I could not tell; he then took me by the hand, and said good night, Day, don't be afraid of me; and Idswell goes into the house, and goes up stairs, I followed him up stairs. Q. How close? - I might be three or four yards behind; he goes into a room on the left hand, on the top of the stairs. Q. Was it a one pair of stairs? - A one pair of stairs. As soon as I got up on the stairs, I had not got quite into the room. Q. You followed up too? - Yes. Hardwicke, the man in the blue coat, came from behind some curtains. Q. In the room? - Yes. Q. Could you see into the room at the time? - The door was not quite open: but I see him come from behind the curtains. Q. Did he come singly, or others with him? - There were others with him. Q. Did he do any thing? - He laid hold of my arm and pulled half my sleeve off. Q. Had any thing, at this time, been said by any body that you heard? - As soon as Hardwicke laid hold of me, Idswell said, d-mn him, he has got a blunderbuss under his coat. Then that other tall man came up, I believe his name is James Haydon , they both got me down on the stairs. Q. You said something about your coat? - My coat sleeve came off. Q. Was that before Haydon came up, or after? - In the scuffle, in which both Hardwicke and Haydon were engaged. Q. Was that before they got you down? What did Haydon do when he came up? - He laid hold of me and kicked me on this left hip; two others at the same time came up. Q. Hardwicke came up to you and laid hold of you by your left hand? - Yes. Q. Haydon came up on the other side and laid hold of you by your coat? - Yes. Q. Two others, you said, at the time came up? - Yes; then there was the little man on the other side came up. Q. Give us every thing that happened to you, in the order in which it happened. If any thing was done by Hardwicke by himself, before the others joined, describe that first? - No, they were all up together with me, before they got the blunderbuss. Q. Point out those other two persons? - That is one on the right hand side, John Henly, and I believe that is the man behind Mr. Tilley, John Delany. Q. These four persons being engaged with you, what did they do? - They got me down. Q. You was describing something that somebody was doing to you with your hams? - It was Haydon, he kicked me down. Q. What did the two last persons do with you when they came up? - They were scuffing along with me to get the blunderbuss from me. Q. Hardwicke and Haydon being the two first persons with you, what did the two next persons do, after their coming up? - After they got me down, they came and held me down by the head. Q. John Hardwicke and Haydon were the two first that came up in the manner you describe. Now, Haydon kicked you on the Hams, and by that means these two got you down? - Yes, While I was down, Hardwicke came on this side and got the blunderbuss away from me. Q. Did he do this before or after the other persons, joined them? - After. Q. Then after the two fall kicked you down, there two other persons came and joined them to hold you down? - Yes, just so. Q. And then while you was so laying Hardwicke came and took the blunderbuss out of this right side coat pocket, the muzzle being in the pocket? - Yes. After they had got it away from me, Hardwicke said, d-mn him, I have got it from him; then they were going to throw me down stairs, and I catched by the banisters. Q. Who were going to throw you down stairs? - These four. Q. From whence do you infer that they were going to throw you down stairs? - They got me by the collar, and some were going to throw me down, and some were putting my feet forward's. Q. At this time, had you seen any more persons than these four, and the man who opened the door? - No, I had not. I catched myself by the banisters, and then the light was put out, then they fired the blunderbuss off. Q. At this time where was Idswell? - I expected he had been in the room. Q. Where was the light at the time that it was put out? - On the top of the stairs. Q. Without the room or within? - Without the room. Q. Do you know how it came there, or who had it? - I do not. Q. Was it in the hands of some person? - In the hands of some person. Q. Was it in the hands of any of the four persons engaged with you? - No, it was not. Q. Was it brought out of the room, or was it there when you first went up? - it was brought out. Q. After Idswell went in? - Yes, after Idswell went in. Q. As you did not see who brought it out, or who held it, perhaps you cannot tell how it was extinguished? - No, I cannot. Q. But the light instantly vanished? - It was gone. Q. How soon after Hardwicke exclaimed d-mn him, I have got it from him, was it the blunderbuss was fired? - Not a quarter of a minute. Court. Then the blunderbuss was fired? - Yes. Q. How soon? - Directly after. Mr. Garrow. This was not a quarter of a minute after Hardwicke said he had it? - It was immediately done. Q. This was immediately? - Yes. Q. You told me that you expected that Idswell was in the room; from the time that Idswell went in to the time that the blunderbuss had been fired, had you seen any thing of him? - I had not. Q. You supposed him to be in the room? - I did. Q. You see afterwards the place where Idswell was found laying? - Yes, I did. Q. Was that before you on the stairs? - It was before me. Q. Could he have got to that place but by passing you, while you was in the scuffle? - I don't know that he could. Q. Any other stair case there? - I don't know indeed. Q. To your own knowledge, was there any other? - There was not. Q. What position were you in at the time that the blunderbuss was discharged? - I was catching hold of the banisters of the stairs, I was with my heels up, tripped up, and laying hold of the banisters of the stairs to save myself; afterwards they broke my hold, and I went to the bottom of the stairs. Q. Now, the instant that the blunderbuss was discharged, what was your situation then? - My head was bleeding, and they broke my hold, knocking my hands off the banisters, and I fell to the bottom. Q. How far did you fall from the place in which you was standing in? - About two or three stairs; they knocked my hands a way, and my head fell within two or three stairs of the bottom, my heels laying above. Q. Was the blunderbuss discharged from a situation above you or below you? - Above me. Then afterwards they beat me across the loins with the blunderbuss. Q. Now, what was the first thing they said or did, after you so fell? - They beat me across the loins, with the blunderbuss. Q. Can you form a judgment whether there were more persons employed in doing you a mischief than four? - I believe there were, because when I got to the bottom, I strove to get myself up, and I catched hold of a man's apron. Q. While they were beating you do you mean? - Yes. Q. How did it appear that the person to whom the apron belonged, was standing with respect to you? - Somebody was kicking me in the face, and I caught hold of his apron. Q. If I understand you, while another, or others were beating you with the blunderbuss? - Afterwards they jumped upon me, and said, d-mn him, he is dead. Q. Were there more voices, or more persons employed in that act of violence than one? - I am sure there were more than one. Then some of them went up stairs, and got a light with a bit of brown paper, and they could see that I was not dead, and they raised me up by the hair of my head. Q. What was said or done? - As soon as I saw the light, somebody said, no, he is not dead. Q. Who called out that? - I don't know indeed. Q. Was it more than one? - No, I don't know that it was. Q. Can you distinguish who that person was? - No; they afterwards came down and raised me up by the hair of my head. Q. How many persons came down, do you think, and raised you by the hair of your head? - I think five or six. After they had raised me up, I began to fight as well as I could, and cried out murder, as loud as I could. They then got my handkerchief- Q. Was there then, at that time, any other light produced except the brown paper? - No, there was not. I said, for God's sake, don't murder me, for my family's sake; they then got me down and hanged me in my handkerchief. They got me down again, and I had a silk handkerchief on my neck, and they put their hands between my neck and handkerchief, and they held me so till I was almost dead. Q. This was after you begged them not to murder you? - Yes; there were people coming round about the house; I lay still on my face towards the ground. Q. You heard an alarm from without? - I did; and I see a woman come to the bottom of the passage with a candle in her hand. Q. Did that turn out to be the woman of the house? - Yes; and said, for God's sake open the door, and let them out. As soon as they perceived the light come, they all ran up stairs. Q. When the light first came, did you observe any man in the passage, whom you had not before seen, after you had gone into the house? - No, I did not. Q. On the light coming, what state of things presented themselves to you? could you observe how many persons ran away from you? - I could not. Q. More than one or two? - One or two. Q. Now, the time of the light appearing in the passage, and the people coming in from the street, was almost instantaneous? - Yes. I got up as soon as I saw the light, and walked towards the street door, with my head and face bleeding. The door was opened. Q. Who was the first person that drew your attention after you had light to make observation? - I believe it was a watchman that came to me first; then there were some more patrols. As soon as I got the door open, I stood against the door, and there was a woman came in her shift. Q. The appearance of light, and their running up stairs, and the opening the door, was all done in an instant? - It was. Q. Who opened the door? - I cannot tell. Q. Then the watchman came in first? - Yes, the watchman; and patrols went up stairs with him. I see a woman come to the door in her shift. Q. Do you mean, came in from the street? - Yes, in at the outer door, and said, there were two men on the top of their houses. I went with the woman, about eight or nine doors off, and found it to be Haydon, and John Henley. Q. Was it on the same side of the way? - Yes; they went out of a window on other persons houses. Q. Did you find them in the hands of a person of the name of Spencer? - Yes, Spencer was there present. Q. What, were they on the top of the house? - On the top of Spencer's house. Q. Did you go up to the top? - Yes, I went up to the top, and brought one down, and Spencer the other. Q. Who did you bring down? - I brought Haydon. Q. And Spencer brought down? - Henley. Q. What did you do next? - We took them to the watch-house, and then the patrols brought all the rest in, except Mr. Tilley. Q. Did you return at all to No. 13? - Yes, from the watch-house; I see a patrol, and he asked me what I wanted? I said, I wanted the prisoner. He said, he is dead; and then a patrol gave charge of me to go to the watch-house; I believe his name is Service. Q. Did you see any thing of Idswell afterwards? - I did not till I came back from the watch-house. I see him sit down with his head down between his legs, just within the passage. Q. He was alive at that time? - I believe he was; somebody oil say he spoke two or three times after that. Q. Now, with respect to the persons that you have named, how did you get back from the watch-house the second time, after you had been sent to the watch-house? - The patrol gave charge, but they did not take any notice of me, and I went back again. Q. Now, with respect to Hardwicke, Haydon, Henley, and Delany, are you quite sure that these are the persons? - Court to Hardwicke. Stand forward. Q. To Day. Are you sure that is the man that took the blunderbuss from you? - I am sure that is Hardwicke. Q. Have you the least doubt at all about his person? - I am sure that is the person. Court. Let James Haydon stand forward. Day. That is the same. Q. Are you sure that is the man? - He had a red waistcoat on at the time. Q. Are you sure to his person? - I am certain to his person. Court. Let John Delany and John Henley stand forward. Q. To Day. Those are the two that joined and held you down before the blunderbuss was fired? - They are the two. Q. Are you sure of it? - I am sure. Q. Is there any other person there that you remember seeing in the house besides them and Tilley? - Yes, there is Jacobs; I see him in the passage. Q. Did you mention Jacobs before? - Yes. Q. You mentioned Jacobs as having come backwards and forwards to Idswell in the prison? - Yes. Q. Do you say you see him in the passage? - Yes, I see him in the passage. Q. In what part of the transaction did you first see Simon Jacobs? - In the passage, after it was over, after the light appeared in the passage. Q. Before or after the door was opened for strangers to come in? - Why, it was before. Q. In what part of the passage did you see him? - On the stairs. Q. Near the bottom, or top? - Near the bottom of the stairs. Q. How near to the place where you was lying? - Not a yard. THOMAS SANDERS sworn. Q. I believe you are a public officer? - I am overseer of the Old Artillery Ground. Q. What time did you go to this house in Artillery-lane first? - As the watchman was going one o'clock. Q. I will trouble you to produce the fragments of a blunderbuss; did you see them found in the house? - Part of them; I produce them as delivered to me. Q. There are some sticks you have got there, where did you get them? - Two I found myself in the house. Q. Where did you find them? - In the one pair of stairs, on the left hand, one in the bed-room, and the other in the front room, the parlour or dining-room. This stick was delivered to me by a man of the house at No. 13. In what particular part it was found I did not see. (Produces the pieces of the blunderbuss.) Q. It has been in your custody ever since? - Yes, it has. Q. When was it first put into your custody? - Between five and six o'clock on Saturday morning. This stock I took down to the watch-house myself, and these pieces Mr. Mitcheli got together, and gave them to me. Day. They are the same. Q. You have seen them before the magistrate? - Yes. Q. And you have looked at them again now? - Yes, I have. Q. That is the blunderbuss with which you was beat in the manner you have described? - Yes. Mr. Const. I am for Hardwicke, Henley and Delany. Mr. Day, you have told us that you was the turnkey of this prison? - I was. Q. You have likewise told us, that Crosswell was the other? - Yes, he was my fellow servant. Q. Therefore all the applications that were made to you, Crosswell was privy to it? - Yes. Q. You are aware, that if you are not believed in what you have told to the jury, of course the consequences of this man's escape, and his subsequent murder, you will have to answer for? - I have told nothing but what is true. Court. He is certainly not liable to the consequences of this man's murder, if his evidence is true. Mr. Const. Did I understand you that you were not certain that orders were given to prevent any body from seeing Mr. Idswell? - His wife used to come to him, and Mr. Tilley. Q. Did you know that there were orders for nobody else to see him? - I am not sure. Mr. Brown see him that night the murder was committed, and uncle Johnny; I know there were many persons refused to see him. Q. Did you know there was such an order given? - I have heard Mr. Roberts say, that there was nobody else to see him but Mr. Tilly and his wife; but he never gave me a strict charge, because I had not the key. Q. I believe you said that his uncle, to gain admission, gave you a guinea a piece? - No, not his uncle, Mr. Idswell did. Q. In the night that you went with this man, you say you walked part of the way? - Yes. Q. What distance is the prison from the place where this unfortunate affair happened? - I cannot say exactly, because I am not used to that part of the town; the coach was a shilling fare. Q. Cannot you guess at the distance that you went? - It was from Smithfield to Bishopsgate-street. Q. When you went into the room, or followed Idswell into the room, you say that Hardwicke took hold of you by the arm? - He took hold of me by the arm, and tried to pull me into the room. Q. Did you resist going into the room? - I hung back, and my coat sleeve came off. Q. What did you do immediately, on your coat sleeve giving way? - I hung back, and Haydon laid hold of my right side. Q. Did he come out of the room? - Yes, he did. Q. Where was the light at this time? - In the room, so as I could see the others come from behind the curtains. Court. So situated as to give live light to the stairs? - Yes. Mr. Const. Then without moving the light in the room, there was light enough on the stairs to see what passed? Did any body else after that bring out the light? - Yes, while we were struggling on the stairs. Q. These two persons who took hold of you on the stairs, whoever they were, besides Haydon, had done it before the candle was brought out? - The candle was in the room, but it was so as I could see them. Q. Afterwards the candle was brought out; did you see who brought the light out? - I did not. Q. Then Hardwicke did not attempt to take the blunderbuss when Idswell said, d-mn him, he has got a blunderbuss; but it was after when you was on the stairs? - Yes; they took it from me in the struggling, at the time during the struggling; there were then four on me, them that I perfectly know, if there were any more I cannot say. Q. Was the candle put out at the time that he took the blunderbuss from under your coat? - At the time the blunderbuss went away, he said, d-mn it I have got it, and immediately the candle was put out. Q. Then there could not be half a minute pass from the time you first attempted to go into the room, from the time that the blunderbuss was fired? - It might be half a minute, or it might be rather more, I cannot say exactly to a moment, it was almost instantly. Q. You perfectly saw and observed, and was able to observe every thing so distinctly? - I see them four persons. Q. Now, in that half minute, was it possible for Idswell to have passed you, and get down without your knowledge? - I cannot say that. I cannot conceive how he did get down, I thought he had been in the room all the time. Q. Then you knew not what happened to Idswell till you retuned? - I did not. Q. You describe yourself as your heels being higher than your head, and your hands hold of the banisters, and your face towards the banisters? - Yes. Q. Now did I hear you right, when I thought I heard you say, that they two persons were holding down your head? - I am sure them four were there, how many more I cannot say. Q. When you talked of being beat with the blunderbuss, you did not tell who it was? - I cannot say. Q. Do you mean to say that the blunderbuss was broke on you? - That is the blunderbuss that I took with me. Q. Do you mean to say by the display of its being brought here, that this was broke about you? - I can say no more than this, the first time they struck me the blunderbuss broke. Q. You knew that at the time? - Yes, I did. Q. Then you do swear that this was broke on you, and in the way that you have described? - I will swear it was broke about me. Q. Was it broke in the way that you have produced it? - I never see it till I see it at the watch-house. Q. When you returned to the house did you see any of the pieces? - I did not; I never saw them till they were brought to the watch-house. Q. How long was it afterwards? - I cannot say. Q. Was it the same night, or the next morning? - I believe it was five or six o'clock the next morning, but I did not see it all then. Q. Did you know either of the four persons before? - I don't know that I ever see them to my knowledge. Mr. Manley. Where do you come from? - I came from Cornwell and Liecester. Q. From what part of Liecestershire? - From Swandom. Q. Are you acquainted with Mr. Freeman of that country? - I have seen him. Q. Have you been in his company often? - Never. Q. Did you go to school to him? - I did not. Q. How long have you left that country? - About two years. Q. What were you before you came out of that country? - I followed my father's business, a harness maker and collar maker; I came up and followed my own trade for some weeks, and it began to grow very dead. Q. Then had you any knowledge of this business before? - No, I never was in it but once. Q. How came you to get the place? - I was recommended by one Mr. Ridgeway. Q. Where do you come from now? who brought you hither? - I come from New Prison. Q. What are you in your office still? - No. Q. You come as a prisoner? - I do. Q. Then you was committed for this felony? Have you been in confinement? - I have been in confinement. Q. You come here now in custody? - I do. Q. You received a guinea to admit this man's uncle to see him, and Mr. Crosswell another? - We did. Q. Did you receive any other largeesses? - We received one guinea one night, and one guinea another. Q. How many good things did you receive; not money, but monies worth? - When he first came to prison he wanted to send down a note to his house, in St. Mary-axe, Mr. Roberts see the note; I sent my wife with it, and the next morn ing he asked me what I expected? - I said, nothing, he asked me how many children I had? - I told him I had got two; and Mrs. Idswell brought two yards of common cotton for my two children. Q. Then Mr. Day, you received a guinea a piece besides these things that you have mentioned? - We received two guineas each. Q. How many duplicates might you have received? - I did not receive any, Crosswell had some duplicates given him, that the times were almost out, a watch, ring, hat and coat. On the Thursday night, just before I went out, Idswell said to his wife, my dear, will you go and fetch these things out of pawn; and he gave me three guineas to get them out of pawn with, the hat, coat and watch, was in for two guineas. Q. What did you bring? - A hat, a ring, a coat, and watch; I believe the interest and every thing came to two pounds seventeen, or two pounds sixteen and ten-pence, I don't know which, and Idswell said to me, do you take the hat and coat to your house, and bring me the watch and ring the next morning. Q. Now, Mr. Day, had you not orders to permit no person to see this man, but his wife and attorney? - I will not say positively that I had, because I had not the key to let in any body. Q. Don't you know that several persons were turned away? - Two persons were turned away. Q. Do you mean to deny or admit that you had full knowledge that nobody but this man's wife and attorney, were to be admitted? - I don't know, I will not say positively that I had that order. Q. He offered a large sum to be left? - He said, Mr. Crosswell, I will leave you all my money, watch and security, to the amount of a hundred pounds, if you are afraid I shall not return. Q. So then you went out to see that every thing was quiet? - I did, by my fellow servant's desire. Q. O, your fellow servant to be sure was all wrong; by his desire you went to see that all was hush and quiet, and then at twelve o'clock at night, you chose that hour to take this man out? - I did not choose it, it was not my will, I went against my will all the way, but through great persuasions. Q. Then when you came to the house, what sort of a candle was in it? - I did not make that observation of the candle, but I see it was a candle. Q. You had never seen any one of these four prisoners at the bar? - I do not recollect ever seeing them, I may have seen them, but not know them. Q. When you came up to the landing place, where you say Hardwicke seized you, a pretty considerable scuffle ensued? - No, there was him, and then Haydon came in, and then the other man came out. Q. And it lasted half a minute? - It might. Q. The blunderbuss was in your side pocket? - It was in my side pocket. Q. How long was it in your side pocket? - Not half a minute. Q. May not the cock have gone off in pulling it out? - It was not off till it was out, not till the candle was out. Q. Do you mean to say now, and mind what you are about; do you mean to say this, that that did not go off by accident, while it was pulling out of your pocket? - I say it did not. Q. You swear that? - I do; because after he got it out - Q. Now immediately after the person used that expression, d-mn him I have got it, what past then, was there not an immediate scuffle then? - It was all in a scuffle then, and the candle was put out. Q. Was it not quite dark then? - It was dark when the blunderbuss was fired. Q. And all in a scuffle? - It was all in a scuffle, and my heels were up, and head down. Q. You cannot tell who fired? - God knows, I cannot say who it was that fired; I don't know, I did not see any body fire. Q. But there was a great scuffle at that moment of the firing? - There was a scuffle. Q. How were the persons serving you at that firing? - Two above and two below. Q. Were you on the steps of the stairs? - I was. Q. Two of them below you, and two above you? - There were. Q. How far were they from you at the time? - Some of them had hold of me, and I had hold of the banisters at the same time. Q. Then you will not swear now, to these gentlemen of the jury, that any man fired that instrument? - I cannot; because as soon as he said, d-mn him I have got it, the light was put out instantly. Q. It had before been told by Idswell, that you had a loaded blunderbuss, and then it was answered d-mn him, I have got the blunderbuss away? - Yes; it was. Q. Now, you say of Idswell, the deceased, when you returned, you was taken to the watch-house, and afterwards you found him sitting at the bottom of the stairs with his head down? - Yes. Q. You tell us that you thought he had been in the room all the time, you never see him pass you? - I did not. Q. Did you see any person pass except these persons that you have mentioned? - I did not. Q. If he had been at the bottom of the stairs, when you was first taken to the watch-house, you might have seen? - I might see him. Q. Why the man was dying, how could you avoid seeing him? - I tell you I did see him, I see him when the watchman came and laid hold of me; the patrol gave charge of me first, and the watchman did not take any notice of me. Q. Then you mean you see him now before you went to the watch-house? - I see him when they brought the light. Q. Then you mean to state, that as soon as the light was produced, and before you went to the watch-house, you see Idswell on the stairs? - I did not see him when the first light was produced, but when the people were coming in. Q. Your answer to me first this moment, was, that you did not see him when the light was first produced? - I did not see him. Q. How far was that from the place where you see Idswell? - It may be two or three yards; I lay with my head facing the woman that brought the light, and he lay against the door, and she said, for God's sake let him out. Q. How long time might there be between the light coming, before the light came? - I cannot say, I was fighting with them till the light came. Q. How long was it after the light came, before you see Idswell there? - When I was fighting, I was calling out murder all the time, till they got me by the handkerchief. Q. How long was it after the bringing of the light that you saw Idswell there? - Almost directly. Q. Did you hear any groans at that time, when the blunderbuss went off at any part? - I did not. Q. Then you did not hear any thing like a groan of a person that was injured at the time the blunderbuss was fired off? Did you hear any groans before the candle was produced? - I did not. Q. The man, we are told, died within twenty minutes after? - I don't know when he died. Q. You did not hear any groans, and yet the man was not five yards off from you? - Not three yards. Q. There was no appearance of any person being wounded there? - None at all. Q. Between your going into the bed-room, and the person coming with the candle, how long might it be? - Two minutes is a long time in the situation I was in. Q. Will you say how long it was? - I cannot say. Q. Will you say it was four minutes? - I cannot. Q. Before that time you had never seen Haydon or Hardwicke, Henly or Delany? - I had not. Q. Why you was a good deal confused and flurried when your coat sleeve went away? - To be sure, I was, but I was not so much alarmed, but I could tell the persons; I know them four. Q. In the moment you were seized by your coat sleeve, you were in a considerable alarm and confusion? - I was. Mr. Knowlys. I am for Tilley. The present that you received for admitting the uncle of Idswell, did you acquaint Mr. Roberts or your master? - I did not. Q. Did you acquaint Mr. Newport that Idswell's uncle had ever been admitted into the prison? - Never, I did not indeed. Q. Now you say you were requested several times to admit Idswell, to go to see this dying aunt of his? - I was. Q. Did you ever acquaint Mr. Roberts or your master, or Mr. Newport, that any such request or desire, had been made to you or any body? - I did not. Q. Did you know that it was not a thing for you to permit, or for him to desire of you. It was a wrong thing either of one side or the other? - I know it was a wrong thing for me to be guilty of. Q. Or Idswell to ask of you? - It was. Q. And you did not acquaint Mr. Roberts or Mr. Newport your master, that any such solicitation had been made to you? - I never consented to it till the very night it took place. Q. And there was a handsome present to be made in case this was done, by Mr. Idswell? - Yes. Q. What did you expect on this occasion? - There was no sum mentioned; he said he would make us a very handsome present. Q. You expected, however, that it was something that they would come down handsomely? - We expected something. Q. Why will not you answer my question; did you expect something handsome, yes or no? - We expected something. We expected him to be as good as his word. Q. When you arrived at this house, on your oath, yes or no, did you ring at the bell, or was the door opened? - I did not ring at the bell. Q. That you will swear most positively? - I see Mr. Tilley coming from the door, and I said to Mr. Idswell, there is Mr. Tilley, and when I got up at the door, the man had got the door against his shoulder. Q. Do you mean positively to persist in it, that the door was not opened, but that you found it open? - We never rung nor knocked. Whether Mr. Tilley rung at the bell, and then came away when he see us come I cannot tell. Q. Therefore, you cannot say that Mr. Tilley touched any thing at all there? - I cannot tell, I see him come along the door. Q. If it was Tilley you saw, he had his wife hanging on his arm, was not she? - I did not see his wife hanging on his arm, they were both together. Q. Did you observe whether the wife was pregnant or no at that time? - I did not; indeed. Q. Upon your oath, did the person you say was Tilley, speak to you at all? - Not as he passed, but when I got up to the door, I said to the man that opened the door, there is Tilley, call him back, Tilley comes back, and said who should think of seeing you Mr. Idswell. Q. Upon your oath did you ever speak to him? - When he got me by the hand, he said good night Day, don't be afraid of me; I said good night. Q. Upon your oath, did you call him back to speak to you or not? - I told Bowley to call him back, and he did. Q. What did you tell him to call him back for? - I had no inclination to call him. Q. Then you told him to call him back without any inclination? - I knew him to come backwards and forwards to Idswell in the prison. Q. Upon your oath, did not you say to somebody there, for God's sake don't you say that you see me here? - I did not. Q. Then that was not your reason for calling any body back? - I had no other reason than seeing him come backwards and forwards to him in prison. Tilley shook me by the hand, I never said such a word. Tilley shook me by the hand, and said good night Day, don't be afraid of me. Q. I take it for granted you would not liked to have been seen there conveying a prisoner out of goal? - I should not indeed. Q. You know you would have been liable to punishment if you had been observed? - Yes; but I was not so well acquainted with it as I am now. Q. You are sure that you did not desire any body not to tell that you was seen there? - I did not. Q. I ask you, then Tilley and his wife if it was he, went away? - They did. Q. They were going in the contrary direction at the time you desired him to be called back? - They were going in a direction from us. Q. Now, have you been in the same room with Bowley, confined in the room since this happened? - No, I have not, I slept in one room, and he in another. Q. Were you permitted to see one another? - Yes. Q. On you oath, have you ever conversed with him from that time to this? - I have never conversed with no one, no other than speaking open to them all. Q. Have you, or have you no, conversed with him? - I have discoursed with him as well as other people. Q. Upon you oath, have you never conversed in private? - Never; because he slept in another room to what I did, and there were four more in my room, and four or five in his room. Q. In the day time you may have conversed together? - Yes, but there were ten or eleven of us more together. Mr. Garrow. With respect to Mr. Tilley, being called back, how many times had Mr. Tilley been at the goal in that particular day? - Four or five, I will swear to four myself; because Mrs. Tilley came with him twice. Q. The same person that you see in Artillery-lane? - The same person. Q. Was it at the last of these visits that he communicated to you, that Mr. Moses was going to keep the passover at home that very night? - It was. Q. Having disposed of that, I have but one more question to ask. You was asked, whether this blunderbuss did not go off by accident, as it was coming out of your pocket? it wounded you on the back part of your head, and killed Idswell; I need hardly ask it, it is so ridiculous- Court. You was laying down at the time that the blunderbuss went off? - Yes my heels were up the stairs and I catched hold of the banisters. Q. Was the coat pocket shot through? - No, they had got it quite out before they shot. Q. It was perfectly clear of the pocket before it went off? - Hardwicke had said, d-n him, I have got it, before it went off; I lay on the side on which the blunderbuss was. Q. No part of your clothes were burnt at all? - Not at all. Q. Were your pocket turned out in the business? - No, it was not. THOMAS MITCHELL sworn. Q. Do you live in Artillery street? - Yes. Q. Near the house No. 12, the next door to it where this accident happened? - Yes. Q. Do you recollect hearing any particular noise that took place on the 4th of April last? - Yes, I was alarmed by the cry of murder, and fire, as high as I can partly tell, about half after twelve, or a quarter before one. Q. What did you do? - I ran to the door to hear what it was, in my shirt; I went back and put on my clothes. Q. And you dressed yourself? - I put on a few things, not entirely all. I went back to the house, and a watchman was getting in at the window. When he got in, I desired the watchman to open the door, which he could not. I tried to force it open, the first time I could not; the second time I tried, it flew open. The first thing I saw was the man that was shot. Q. In what posture was he in? - He lay on the ground with his back towards the door, about a yard from it. I observed that his clothes were on fire, which by some means I put out. Q. Did you observe any other person in the passage? - I see a man, who they call Day, about a yard from me. Q. Was there any light brought into the house? - The woman of the house brought me a candle as soon as I got in. Q. What is the name of the person you met next? - I laid hold of Day, he said, for God's sake help me, or I shall be murdered. Q. Did any person come to your assistance? - Just after that Mr. Jarvis, the night officer, came in. Q. Did he give you and Day any assistance? - He ordered me to aid and assist, which I readily said I would. Q. Did you find any body in the house? - Yes. Q. Who were there? - We went up the one pair of stairs, and at the bottom of the second pair of stairs we saw two men and two women coming down stairs. I asked them what they did there? Q. Who were they? - That man in the blue coat. Phillips The other is the man that is turned evidence, Bowley. Q. Did you say any thing to them? - Yes, I asked them what they did there? The reply that that man made was, that they were lodgers, and came down to know what was the matter. Q. Did you then take them in custody? - Yes. Q. After you had taken them in custody, where did you go? - I went into the one pair of stairs bed room; I searched the room and the bed, and in the bed I see a pillow tied up at one end. Q. Was any thing remarkable about the pillow? - It had a woman's cap on. I then was called down stairs, I believe by Jarvis. We went into the out yard. Q. Did you find any thing in the house? - Yes; afterwards we went into the out yard, and we went round to the privy; there we found a man, I believe his name to be John Solomons . That is the man I mean. Q. What had he to say for himself? - He said, that he had heard a noise, and was frightened, and had occasion to go there; Mr. Jarvis said, we should have occasion to bring him forward; as such, we took him into custody, and took him to the watch house. Q. Did you then return into the house? - Yes, we searched the house, and upon the house, and found no more. Q. Did you find any thing in the house? - Yes; I found the blunderbuss in different parts. Q. Do you mean in different parts of the house, or the blunderbuss in different pieces? - In different parts of the house. The but I picked up in the passage, and sent to the watch-house, the lock I picked up in the ashes of the one pair of stairs room, in the fire place, the front room; throwed quick behind, the lock was close to the sender. Q. Was that the room where the pillow was? - No. Q. Was the Room on that floor? - Yes. That other bit of the stock was with the handle, and this other piece, I believe, was in the window of the front room. Q. Did you find any of these sticks?(some sticks shewn him) - Yes. This stick I picked up on the one pair of stairs landing place, on the floor, the landing place between the bed room and the front room door; the other was found in the house by Mr. Sanders, and other people, in my presence, and delivered altogether to Mr. Sanders; to the best of my knowledge, that crooked stick was in the garnet, picked up by Mr. Sanders. This one, that man that had the care of the house with me during the night picked it up in the bed room, I am certain of it. Q. Do you know where the other was found? - I do not particularly. Mr. Manley. Then this large stick was found in the bed room? - It was. Q. In what part of it? - I think up at the bed's head, by the fire place. Q. In the natural place where it would be expected to be? - It may be so. Mr. Knapp. I am for Phillips and Solomons. When Phillips had told you we are lodgers, had he any stick about him? - Not to my knowledge. Q. Was he searched? - Not in my presence. Q. Had he a stick in his hand? - He had not. Q. With respect to John Solomons he had got into the privy? - He had. Q. He hearing the noise? - I don't know what made him go there. Mr. Trebeck. Was not the door shut when you came to the house? - It was, and double locked. Q. Did you observe the state of the curtains in this room? - They were all drawn about the bed. Q. Did you find any thing else in the room? - We found three hats, Mr. Sanders and I, and two or three more gentlemen. This is one. Q. Did you attend before the magistrate at Bow-street? - Twice. Q. Was there any body at the examination at Bow-street that claimed that hat? - Yes. Q. Do you know who it was? - That little man behind owned the little cocked up hat, John Henley. Q. Did any body own that hat, or another hat? - We asked round and that hat belonged to the keeper which was found on the prisoner that stands there behind. Q. What is his name? - I don't know what his name is. ( William Handland ) Court. Where was that hat found? - The hat that he has now got was found in the house, and this hat he had got under his arm at the examination at Bow-street, which I was ordered, by Mr. Flood, to take. Q. To Day. Had you left a hat of your's in Artillery-lane? - I went home without a hat. Q. To Michall. This hat was taken from Handland at Bow-street, and a hat gave to Day, which was found in Artillery lane? - It was so. Q. Was any thing said about that hat? - Handland said, he had bought Day's hat and gave nine shillings for it. Q. Therefore he did not own either of the hats found in Artillery-lane? - No. Q. To Day. Did you lose your hat in the scuffle in Artillery-lane? - Yes. Q. You went home without it? - Yes. Q. Is the hat found at Artillery lane your property? - I believe it is, it is not in the state in which I lost it now, because there was a stamp went across and a maker's name went across. Q. You believe it is your's? - Yes, and I have no doubt about it. Q. And you give this reason for it, there had been a flat stamp descriptive of the duty paid? - Yes, and a round mark descriptive of the abode of the hatter and a leather that went before. Q. Does it appear to you that these are the marks of these things having been in that hat that are not in it now? - I believe that they have been in it, and there was a large twist band on it. PETER JARVIS sworn. Q. You are headborough of the Artillery Ground? - I am. Q. What time was it you was alarmed and went to this house? - About a quarter before one o'clock. Q. Did you go to the house by yourself, or in company with any body else? - By myself. Q. Now, speak slow, and tell my Lord distinctly what you observed in order; was there any body at the outside of the door when you came up to the house? - There were several of the watchmen. Q. Had any body obtained an entrance into the house at that time, or was the door shut? - The door was opened when I came up. but still some people standing on the outside. Q. Did you go into the house? - The first person that I noticed standing at the threshold of the door was John Day . Q. Was there a light there at that time? - There was a light in the passage. Q. On the threshold of the door Day stood? - Day stood at the threshold of the door; he was standing with his hand up to his head and I see the blood running down by the side of his face. Q. What did you next observe? - I immediately says to the watchman- Q. Tell us the next person you saw? - The next person I particularly noticed was the deceased; he was sitting on the floor of the passage, with his head leaning forward towards his knees. Q. How far from the door? - Just within the door, so as the door could open without touching him. Q. Tell my lord what light it was that you was able to discern these people? - I cannot tell justly by what light, but the watchmen had candles on the step of the door. Q. And some of them had got into the house before you went in? - Yes, they had. Q. What was the third thing that took your notice? - After I had ordered the watchman to take care of Day, I passed over the deceased, after I had observed the situation he was in; there was a great quantity of blood on the floor; I passed over him towards the stairs. Q. Did you stay there any time? - I made my way towards the stairs. I had a cutlass in my hand, which I then drew out of the scabbard. Q. Did any thing particular take your attention? - Nothing, till I got up about half a dozen stairs; then I met Phillips, the first person I met on the stairs as I was going up; I had got up about half a dozen of the stairs. Q. Did you say any thing to him, or he to you? - I don't recollect saying any thing. I immediately secured him. I held the drawn cutlass before me, and secured him by the collar. Q. Where was Mitchell at this time? - Just behind me. Q. You did not hear him say any thing? - I do not recollect. Q. Did you give him into custody, or Mitchell? - I delivered him to Mitchell, and, I believe, Mitchell to the watch. Q. Did you go up stairs farther? - Close behind Phillips, on the next stair above him, was Barney Solomon , Bowley they call him; I then laid hold of him the same way as I had done Phillips, and gave him over to Mitchell, as I had done the other. Behind Barnard Solomon , on the stairs, were two women. Q. How far above Bowley were they? - The next stair or two. Q. What did you do with the women? - Secured them. Q. One of the women had got a candle? - I cannot tell which. Q. Had you an opportunity of going up any farther? - I did not go farther up at that time. There was a cry then when I had secured the two women, in the passage; I cannot tell from whom. Q. Did you yourself observe any body else in the house? - I did not. Q. What did you do with the women? - I handed them down to Mitchell, the same as I had done the men. Q. Did you go farther up? - I did not. I returned down stairs, in consequence of what I heard in the passage. Q. Was the deceased still in the passage? - He was. Q. What became of Day? - I don't know. Q. Was there any other that you see there? - There was one that I took out of the yard, John Solomons . When I returned down the stairs, I heard the cry in the passage, that there were some got into the yard. I went into the yard with Mitchell; there was a light, and came to the privy door, and it was fast. I then laid hold of it by a hole that was in the door to admit the light, and it came open, whether by my shaking it or not, I cannot tell; and that man was then sitting on the seat of the privy. I asked him what he did there? - he said that he had heard a gun go off; I think those were the exact words, and that he was obliged to come in there, into the privy. Q. Did you take him into custody? - I did. Q. Did you take any other into custody? - No; I did not. I saw no other prisoners till I came into the watch-house, where they all where. Mr. Knapp. You was first before Mr. Mitchell? - I was. Q. You did not hear Phillips say any thing at all? - I do not recollect. Q. You was nearest to him? - I was. Q. Phillips had no stick in his hand? - No kind of offensive weapons at all. Q. With respect to Solomons, whether he opened the door, or whether you opened it, you cannot tell. Q. There he was sitting on the seat, and said he had heard a gun fired? - Yes. BARNARD SOLOMON sworn. Q. Are you the person they call Bowley? - Yes. Q. Be so good to recollect the only atonement you can make to public justice, is to let us know the whole truth here to day. Do you know the several persons now at the bar? - I do. Q. Do you know them all? - Not all. Q. Are you acquainted with George Hardwicke ? - Yes; I do. Q. James Haydon ? - I cannot say I do. There is one man in the blue coat, I don't know his name. Q. Were you acquainted with the late Mr. Idswell? - I was. Q. You had been acquainted with him, perhaps, for some time? - I had been, but not intimately acquainted, till within a twelve month. Q. Had you occasion to go to him while he was confined on a charge of having forged stamps? - The second day after he was in trouble. Q. Mind the question; had you occasion to go to him while he was confined on a charge of having forged stamps? - I had not to my knowledge; it was a Mrs. Idswell's house I went to, the house where the late Mr. Idswell dwelt, in St. Mary-axe. Q. Do you know a place they call New Prison, Clerkenwell? - I do. Q. Had you occasion to go to New Prison, Clerkenwell? - After he was committed to the prison, I had. Q. Be so good to attend to my question, because it will be material, you should. How often had you occasion to go there before he died? - I might once a day, sometimes twice, sometimes oftener, according as I was sent from Mrs. Idswell. Q. Was Mrs. Idswell the widow of Mr. Lawrence Jones, who had been the uncle of Mr. Idswell? - She was. Q. And therefore intimately acquainted? - She was. Q. I don't know whether you was admitted to his presence at the prison, or only carried him necessaries that were wanted? - I could not see him. Q. You remember probably the night on which Mr. Idswell was killed? - I do; Good Friday. Q. Where did you first meet Mrs. Idswell. and any other persons, some of which perhaps are now here, on the evening of Good Friday? - On the evening of Good Friday, I went to my own house. Q. Be so good to attend to my question, I don't ask you where you went home, but where you met Mrs. Jones, or any other persons that evening of Good Friday? - I met Mrs. Jones and some other persons at Jonathan Jones 's, and Benjamin Jones 's, in Fashion-street, the two brothers lived together. Q. About what time of the evening might it be? - About half an hour after ten. Q. Who did you find there, when you first went in? - There was Simon Jones, the prisoner at the bar. Q. The man that goes by the name of Simon Jacobs ? - I mean that man. Mr. Tilley and his wife, Mr. Phillips, John Solomons , Thomas Hardwicks , the porter, as they call him. I used to call him the porter, because he removed the goods from St. Mary-axe, to No. 13, Artillery-street. Q. St. Mary-axe , who lived there? - Idswell. Q. Who was he porter to? - Jonathan Jones employed him. Q. Was he the gentleman they call Johnny, the uncle? - Yes. There is that man behind in the blue coat, I don't know his name, (Haydon) he was there. Q. What did you see on going in to any of these persons? - I see them all sit round, and I sat myself down next to Mr. Tilley and his wife; I then said to Jonathan Jones 's wife in our own language, bgad? as much as to say, how goes it? - she then answered me, you need not speak in Hebrew, you may speak in English, you need not be afraid of Mr. Tilley. I then said to Mr. Tilley, what do you think of this business that is going forward to night? Mr. Tilley then answered me as this, if they let him out at all there will be no manner of danger. Q. Was that said by Mr. Tilley, in the presence and hearing of all the rest? - I spoke to Tilley slowly by himself. Q. Did he answer to you in a tone; that you alone could hear? - No, they could not hear, I asked him slowly and he answered slowly. Q. What induce I you to ask that question of Mr. Tilley-Because I was surprised at seeing Mr. Tilley there, and Mrs. Idswell told me that day that Mr. Idswell would come out. Q. Without more explanation from you to Mr. Tilley, than what do you think of this business that is going forward to night he gave you that answer? - He did. Q. After that what happened? - I went down into the kitchen, and staid there for some time; then I came up again, and when I came up again they were all gone except Mr. Tilley and his wife, and the women that were there, some little time after I came up again, and Mrs. Idswell came in along with her uncle Lyon Jones; which Lyon had a bundle under his arm, from that he says to me, come, Bowley, go along with me; on that Simon Jacobs's wife, and Mrs. Idswell said, come along with me, and Mr. Tilley had a stick in his hand, and I said to Mr. Tilley whether he would lend it me to take along with me, I did take it, he gave it me, and I took it into my hand along with me, and he said take care of it, and I went along with Mrs. Idswell and Simon's wife. Q. Where did you go to? - We went to No. 13, Artillery-street. Q. Did you take the stick with you? - I did. Q. Which is it? (a bundle of sticks shewn) - I believe this to be the stick, it was a stick much like it. Q. Had you had any talk while Mr. Tilley was present with Mrs. Idswell, or any of the other ladies about the absence of the other persons? - None at all. Q. Then you and the other ladies went to Artillery-street. Had you been there before? - Yes, several times. I was employed there; I had half a guinea a week ever since the second day that Mr. Idswell was in trouble, first of all in St. Mary-axe, and then at this place in Artillery-lane. Q. Who hired the place in Artillery-lane? - Jonathan Jones, I believe it to be so. Q. Whose goods were carried there? - I fetched the broker for Jonathan Jones, at the time that he did live at Mr. Whitlings, in Leadenhall-street. Q. By whose order were they carried? - By Jonathan Jones 's from Mrs. Idswell's house, in St. Mary-axe, at No. 13, St. Mary-axe. Q. Do you know at that time? - I cannot be particular, I believe five or six days before this accident happened. Q. What apartment first of all was taken in Artillery-lane? - When I was there they had the dining room and the back room, and the use of the kitchen and front garrets. Q. Nothing to do either with the ground floor or the second floor. Q. What was the nature of your employment, in Artillery-lane, after the apartment was taken? - I used to go on errands, she told me I was to be there till such time as Mr. Idswell was acquitted, or discharged; at the time I was in the house in the first place, I used to take care of the house. Q. Now, after Good Friday evening, when you had taken leave of the parties, in Fashion street, and went with the ladies to Artillery-lane, what was the state of things when you got there? - On the road I heard Mrs. Idswell say. - Q. Unless any of the prisoners now at the bar were present, you must not tell us what she said. You went to Artillery-street? - I went to Artillery-street. I rung the bell. Q. You and the two women went together - Yes. Q. Who opened the door? - The ser vant maid opened the door, and I went up stairs into the bed chamber, when I first entered into the place, Simon Jacobs was standing by the fire; a little while after Hardwicke came in. Q. When you went into the room, who was in the room? - Simon Jacobs , and the mother of the servant, the mother of Mrs. Idswell's servant, a little while after Hardwicke came in, then John Phillips came in; when they were in doors together, I said out of joke, who will be the sick aunt to night? Q. Who was in the room then, when you said that joke? - There was only Simon Jacobs there, and the mother of the maid servant, then a little while longer I carried on that joke till Hardwicke came in. I said I did not care if I am the sick aunt, and one of them said I might as well be the sick aunt. Q. Phillips was not there till you began to play the farce of the sick aunt. Was that in Hardwicke's hearing? - I want to know whether you went to bed to play the farce of the sick aunt before Hardwicke came into the room? - After Hardwicke came into the room I said, now I will be the sick aunt; and I put myself to bed, and somebody put me a night cap on. Q. How long might you continue in bed? - Not above five or six-minutes; I got up immediately, and then I heard the bell ring. Q. Did Phillips come in while you was in bed? - I believe he did. Q. Can you be sure of that? - I cannot be sure of that; there were several came in. Q. Can you ascertain who came in while you was in bed? - I could not, because it was a small room. Q. Was there any preparations made for concealing persons in the room? - Before I got up? Q. What did you mean by the question who should play the sick aunt that night? - Because the Wednesday night before this happened- Q. Unless some person who is now at the bar was present on Wednesday night, you must not tell us what past? - Simon Jacobs was there. Q. Who else? - Nobody else of that number. Q. Tell us what had past on the Wednesday before that? - On the Wednesday before that, Mrs. Idswell came home to No. 13, Artillery-lane, and brought some apothecaries stuff home along with her, three vials of stuff, which she mixed in more vials, with a box of pills, and a plaister; some time after that she brought home a plate of silver, and she says to me- Q. Was that in the hearing of Simon Jacobs ? - I cannot lay it was. Q. Then there is no occasion to mention it. Q. I understand you that Simon Jacobs was there on the Wednesday evening; you may tell us any thing that passed that evening? - There was nothing more passed that evening. Q. In what condition was the room that evening? - I put up the curtains, and I put the bed to rights, and she brought in the stuff; and the Thursday morning following, Simon Jacobs and his mother both came, and his mother laid herself to bed, as if she was the sick aunt. Then Mrs. Idswell said she expected some of the gaolers to come along with a direction to that place, to see the sick aunt. Q. What was to be done in case this gaoler was to come? - She told me then, that she proposed to give them fifty guineas to let Mr. Idswell come to see this sick aunt. Q. Was Simon the man with her at the time when his mother laid down to represent the sick aunt? - He was there half an hour and went away again afterwards. Q. Did he see her lay there as the sick aunt? - I cannot say whether he was in the bed chamber or the front chamber. Q. Did any of the gaolers come to satisfy themselves to see whether there was a sick aunt there or no? - They did not come that day. Q. Did any thing more happen with respect to any of the prisoners at the bar, on Thursday? - Not that I know of. Q. Then we will come back again in to your arrival at Artillery-lane, on Friday. You said, that when you came there you went up stairs, and Hardwicke and Jacobs came in after you came in, while Simon Jacobs and Hardwicke came in you went to bed, several other persons came in, and one among whom was Phillips? - Yes. Q. Now go on, and name the other persons that came in? - This tall man, this man in the blue coat, Haydon. Q. Who else? - As to any of the other prisoners I cannot punctually swear to, because I never see them before this man, I see him at John Jones 's house, that makes me know him. Q. It is one thing to swear positively to them. We understand as to those you have now named, Hardwicke, Haydon, Jacobs, and Phillips, you swear positively to? - I do. There was another man came in along with them, but who it was I cannot say; but if I am right and not mistaken, it is him in the whitish coat; I am not sure of it, (Handland) I said at that time, this man in the blue coat came in, Haydon; I am sure he came in. Q. Are you sure that some man came in with Haydon? - I am sure of it. Q. And that person you believe to be Handland, but you are not sure of it. What happened next? - Some time after I hear the bell ring. Q. At the time you heard the bell ring, were all you in the bed room? - We were. I went down then and opened the door; when I opened the door, came on Mr. Idswell and Day, just at the threshold of the door; then Day says to me, Bowley. Q. What do you mean by being just at the threshold of the door? - They were not on the step, but close at the door. Q. Whether they were the persons that rung the bell, you cannot tell? - I can not tell, but they were very near to the door. Q. What past on your first opening of the door? - Day says to me, Bowley; there is Tilley going, go and call him; I then went out about ten yards, and as I went Tilley came right up to me like; I then said to Tilley, there is Day wants to speak with you; he then came up to the door, Tilley did. Q. Where did Day and Idswell stay at this time? - They were standing at the door while I called Tilley; Tilley came to the door, and shok hands along with Day and Idswell. Q. Was any body with Tilley? - Not when I see him; he came up as I was going forward. Q. You don't know whether his wife was with him or not? - No, I cannot swear that his wife was with him. He came up and shook hands both with Day and Isdwell. I cannot say that I heard what he said; he did speak, but what he said, I cannot be certain; but he shook hands with them both. Then afterwards Idswell went in first, Day followed him. I then stopped at the door for about a minute and a half; and I said to Mr. Tilley, why don't you come in? - and I said so to him twice or three times. Q. What did he say or do? - He said, he would rather not. He did not go he went about his business, went away. I after then shut the door; before I could rightly come up the first pair of stairs, I heard a wrangle. Q. What do you mean? - The first pair of stairs where the bed chamber is. Q. What did that wrangle seem to proceed from? - That I cannot say. I heard a wrangle, and I went to the second stairs. Q. What you passed the bed chamber? - I did. Q. When you went down stairs to open the door, where did you leave all the company? - In the bed chamber. Q. They were not in the front room all that evening? - That I cannot say; they never assembled there; the rooms join each other; I cannot positively say; the landing place is as well to the dining room as it is to the bed chamber. Q. The landing place! I do not understand you? - When you get up one pair of stairs, the first room that you come into is the bed chamber, and the room that goes right front is the dining room. Q. Is that the same stairs lands you for the one, lands you for the other? - It does. Q. In which of these two rooms were all the parties assembled? - In the bed room, where the sick aunt was. Q. Was there any truth in that story at all, or was mere artifice? - There was no such aunt, no further than the pillow and night cap. Q. Then you heard the wrangle, and what became of you? - I went up stairs towards the second stairs; I had not been but a few stairs before I heard the prisoner, whom I supposed it to be Idswell by the irons, running down stairs, as it appeared to me. Q. Was there any light at this time, by which you could see the state of things? - I could not, for I removed further up stairs towards the garret; then I heard the noise of a gun, as I thought (that is now called a blunderbuss) discharged. Q. How soon might that piece of fire arms be discharged, in your judgment, after you had heard the found of Idswell's irons? - I suppose it might be three minutes or so; I cannot rightly say. I went into the garret, when I went into the garret there was the servant and another woman, her mother, sitting on the sofa; but they are not here; but a little while after in came Phillips, and the man called John Solomons. Q. Was that the same Solomons whom you had seen in Fashion-street that evening? - It was. A little while afterwards John Solomons was gone down, and I don't know where he went. Q. Did any body attempt to get out of the window? - Solomons attempted to get out of window, but he could not; we heard the rattles and the officers all about the house. Q. Before Solomons went down? - Yes. John Phillips and the two women remained up stairs some time after; I said to Mr. Phillips, it is no use our staying here, we may as well go down; and as we were going down we were taken by the patrols. Mr. Gurney. I am with Mr. Knowlys for Tilley. You told us you was taken by the patrol? - I was by an officer. Q. You was in custody on a charge for murder, some days before you was yourself admitted an evidence for the crown? - I was. Q. In this conversation, which you say passed between you and Mr. Tilley, you spoke in a whisper to him? - I did. Q. And you say that he answered you in a whisper likewise; therefore, whatever number of persons might before have been there, no one can contradict you? - They cannot. Q. You say for shortness, they call you Bowley; do they ever call you any thing else? - No other name but Bowley, or Barnard Solomon, but Bowley in short. Q. Did any person ever call you Bowley Gunnuss? - Not that ever I heard, because I work hard for my bread. Q. Pray, what is the meaning of Gunnuss? - It is a thief, but I never stood before any bar, nor ever was tried. Q. Pray, were you ever suspected of any thing? - Upon my oath I never was. Q. Were you never tried in your life? - I never was. Q. Was you ever apprehended? - I never was. Q. Was you ever taken up for any crime in your life? - I was taken up, which all the court may know, some years back, I was quite innocent; about twenty years ago there was a riot, about a hundred were taken up, and I was honourably discharged immediately. Q. You never was taken up at any other time? - Not that I recollect. Q. Did you ever happen to know a man of the name of Barnard Marks? Q. You never was charged with robbing Barnard Marks of some silver? - Me! never was charged with robbing of any man of a shilling worth, never was. Q. You never knew a person of the name of Barnard Marks ? - Never. Q. How came you to leave the country all at once? - Never, unless I went to Holland or back again. Q. What was the reason of going to Holland all of a sudden? - I traffick in all kinds of goods, I bought hard ware there, and I sold it here. Q. You are a dealer in hard ware? - I have dealt in it. Q. What have you dealt in lately? - I went out when I had nothing else to do; I got my bread in an honest livelihood, as well as I could, worked hard for my bread. Mr. Manley. You say when Day went up stairs, Idswell went up stairs, and Day followed him? - He did. Q. You were then at the door, standing at the door, and let them in? - I did. Q. How soon was it after that that you went up stairs? - About a minute, or a minute and a half, I cannot say positively. Q. Then you past the bed room close by it? - I did. Q. And went up the two pair of stairs? - I did. Q. Then when you past the bed room door, there was nothing happened at that time. Did you see any body laying hold of a man by the arm? - I see nothing of that. Q. There was no sluster at that time? - Not at that time. Q. Then the bed room was shut when you past it? - Half and half; I did not see them when I past; I cannot say that I did see either of them, Day or Idswell. Q. If Day had been on that landing place must you not have seen him? - I dare say I must, but I did not see him. I am quite sure I did not see him. Q. Are you not quite sure if he had been on the landing place, you must have seen him, must not you have brushed close past him if he had been there? - I must. Q. Was Idswell there? - I saw neither of them. I saw neither of them after I went into the house. Q. Then the whole stair case was clear when you went up? - It was. Q. Are you quite sure that Idswell and Day went up before you? - I am quite sure. Q. You followed them in a short space of time, and you are quite sure they were not there? - I am quite sure. Q. Then you see no person pulling Day by the arm? - No. I saw nothing that happened of that kind. Q. Pray, you say Haydon came there, had Haydon any things with him? - Not that I see, I saw none of the men have any thing with them that came. Q. I will ask you now whether Haydon had any instrument of death, or any thing of that sort? - I see nothing at all by him, or any thing of the sort. Q. You had no stick yourself? - I had that stick which I got from Mr. Tilley, I asked Mr. Tilley for it. Mr. Knapp. You heard a gun go off? - Yes. Q. You and the other two, Phillips and Solomons, went up into the garret? - I don't say that we went all up into the garret together. Q. But you were all there? - We were, positively. Q. Then the irons you heard rustling along down stairs, and there were other persons following, they all went away? - I cannot tell, I heard some following; I cannot tell further, because I was in the dark. Q. You went up stairs, and afterwards John Solomons and Phillips? - No; together there was no difference in their coming up. Q. Had they any stick in their hands, had they any weapon? - I see nothing by none of them. Mr. Alley. You told us that at this night you heard the bell ring; at what time was this? - About twelve o'clock. Q. Are you certain you heard the bell ring? - I am positive I heard it ring. Q. Then if any body else has said that the bell did not ring, they must have said false; if Mr. Day, for instance, said the bell did not ring, he must have said false. Court. Day said he did not ring the bell, whether Tilley might have rung it, he did not know. Mr. Alley. You say when you went down stairs, and till the time you heard the bell ring, you left a certain number of persons in the room, and among the rest you left Jacobs? - I did. Q. You went into the street after the bell rung about ten yards? - I did. Q. You then stopped to speak to Mr. Tilley? - I called him. Q. Then a considerable space of time must have been occupied from the time you left this room first, tell you came up stairs? - Yes. Q. Then you cannot take on yourself to say that Jacobs was in that room? - I cannot be on my oath, who was in the room at that time. Q. When the gentleman who stands near me asked you some question about yourself, you seemed quite at a loss; have you ever been at Amsterdam? - Several times. Q. What occupation did you carry on there? - I told you that I went backwards and forwards as a dealer and chapman. Q. Have you ever been imprisoned at Amsterdam for uttering bad coin? - Never, as long as I live; I never was in prison in a foreign country in my life, I was in prison for debt here. Q. Now then, my good friend, I will ask you one question more; what is the reason that you have been called in general Bowley? - Because my name in Hebrew is Boruch, which they call Bowley. Q. You have said that Jacobs has been several times at this house? - He has. Q. Is not be a very near relation to Mrs. Idswell? - Yes. Mr. Henderson. Soon after you got up some part of the second flight of stairs, you say you heard somebody run out of the bed room? - Yes; after I got up two or three of the second flight of stairs. Q. Having passed the door which you say was almost shut, and there being no light on the stair case you heard a wrangle as you passed by; as you was on the stairs, you than heard somebody rush out of the room and ran down, and you conjecture from the noise of the house that it was Idswell. Are you sure that others went with him? - I heard others following, but I cannot be sure who it was, because I was on the second stairs, and see nothing of it. Q. How long is it you apprehend it was from leting them in, until they rushed out of doors? - It must be a very short time. It may be about a minute or two after my coming in doors. I stood at the door and spoke to Mr. Tilley, and asked him to come in, and I went afterwards up stairs, and past the door. Q. A minute more had elapsed before the persons had rushed out of doors? - I suppose it was. Q. Now, how soon was it after you heard them rush down stairs, was it you heard the report of a gun? - Very soon; I dare say, not a minute after, before I could reach to the garret, I heard the blunderbuss while I was going. Q. Did you hear before the explosion of the gun or after, any person crying out murder? - I did not; I heard a sad noise and a racket. Q. But if any one had been breaking a blunderbuss about the head of Mr. Day could you have heard it? - I was frightened in such a manner after I heard the report of the gun that I cannot say, I did not hear. Q. Had you lost your senses so much as from the situation in which you was in on the stairs that you could not have heard? - After the explosion of fire arms, I was thunderstruck. Q. Can you form any judgment from what part of the house the explosion came? - I cannot. Q. Do you think it was on the stairs, or in the room, or where? - I cannot say. Q. You cannot form any judgment whatever? - No, it is out of my power, I have not an idea of it. Q. You say that none of these men at the time you see them, had any offensive weapons? - I never saw any. WILLIAM SPENCER sworn. Q. How near is your house to this No. 13, Artillery-street? - The house that I live in is ten or eleven doors off. Q. What was the first alarm you received on this Good Friday? - I was alarmed by the noise of fire. Q. Had you retired to rest? - I was in bed. Q. About what time was it you was first alarmed? - About one o'clock in the morning, or nigh one. Q. What did you do? - On that I got out of bed and got on the leads, which we have backwards to dry our clothes. Q. What did you see when you came there? - When I got outside of the house I asked what was the matter, where the fire was? - the neighbours told me there was no fire, there had been an alarm, but there was none, there had been a murder committed, there were some thieves about. Q. What did you see after that report? - I see a couple of men climbing over the tiles, near to my house. Q. In what direction did they seem to be coming to your house? - From where the murder was done, No. 13, Artillery-street. Q. What did you do on seeing this? - When I saw the men, I asked them what business they had there? - they told me they had been in pursuit of a jew, concerned in some stamps, they said they had been defeated, and they were running away for fear of being murdered. Q. I believe you had not got any of your things on? - No. Q. What did you say to the persons on the house? - The neighbours hallooed, there has been murder done, don't mind what they say, they are two thieves, take them into custody; accordingly I swore that if they moved any further I would shoot them; they begged me not to she, they would come and tell me all about it. Q. Did you secure them? - I did. Q. Did any body assist you in conveying to the watch house? - When they were on the top of the leads I called out for assistance, and Mrs. Spencer wented own stairs to get me assistance, and Day came up, and a watchman, and another person. Q. Did you observe what condition Day was in at the time he came up? - He was without a hat, and his hand on his head, and the blood running from him on every stair he came up, he looked a monstrous ghastly figure, indeed. Q. Who did these persons turn out to be? - I know their persons, I don't know their names; that man in the light coloured hair, and blue coat (Haydon) and the other is the black bearded man(Henley.) Mr. Henderson. Did Day say, when he appeared in that manner, he had been shot, or beat? - He said he had been cruelly used, by being stamped upon. As soon as ever he came on the top of the leads he knew the tallest man of the two, he said he had been cruelly used, and there had been murder done. Court. Who was that? - Haydon. Mr. Henderson. He did not say he had been shot at? - He might have said o. Q. Do you believe he said so? - Yes, I believe he did. Mr. Garrow. Why do you believe it, that he said he had been shot at? - He said he was a keeper of the New Prison, he told me that on the leads, and that he had come out with a prisoner, and the prisoner had been shot, and says he, I was very near being shot myself. Q. You was asked something which led you to answer, that he immediately recognized Haydon who was on the leads, what did he say to him? - He said this is one that was in the house, and he clawed holded him directly. ELIZABETH CUMMINGS sworn. Q. Do you keep the house, No. 13, Artillery-street? - Yes, I do. Q. When were you first applied to let the apartment in question? - The 24th of March. Q. Who applied to you? - Mr. Jones and his niece. Q. Mr. Jones of Fashion-street? - He told me he lived in Red Lion-street. Q. Is that the man that is called Jonathan? - That is the man called Johnny, I never heard him called by any thing else. Q. You said he came with his niece, what niece do you mean? - Mrs. Idswell. Q. What apartment in your house did they take of you? - The first floor, up one pair of stairs, the dining room, bed room, and top garret, and the use of the kitchen. Q. How soon did they take possession of the apartment, by bringing in goods or other things? - On the 25th, Lady Day. Q. They brought in their goods, did they? - Yes, and Mr. Jones see them delivered. Q. Who was the porter that brought the goods? - One of those men, that middle one, with the blue coat on(Hardwicke.) Q. After the goods had been brought in on the 25th, what was the next thing done by your lodger? - On the 25th Mrs. Idswell slept there, Mr. Jones staid till after nine o'clock. Q. Between the time that Mrs. Idswell first slept there on the 25th, and the night on which this murder was committed, did you see any of the other prisoners at the bar, at the house? - Some of these prisoners came there some times, some of them came there frequently; one of them men was there every day, that has been, admitted an evidence (Bowley) Q. Now give us the names of some of the others that were there occasionally? - I don't know their names, the porter was there (Hardwicke.) Q. How often did you see Hardwicke there? - Wednesday and Thursday, I don't remember that I see him afterwards. Q. You don't remember seeing him on Friday? - I don't. Q. Did you ever let them in when they came? - Never myself. Q. So that many persons might resort to the house without your seeing them? - Very frequently; there are two more jews that used to resort to the house. Q. Who were they? - The middle person there, he was commonly there( Simon Jacobs ) he was there most days. Q. Who was the other? - John Solomons, I never see any other. Q. What were the state of Solomons visits, frequent or not? - Sometimes, I cannot say he was there many times. Q. What was acting in their apartment I suppose you knew nothing of? - I was a stranger to the whole, they were very private. Q. At what time did you go to bed on Friday evening? - About half after eleven o'clock. Q. About what time were you disturbed, and in what manner? - At half after twelve. Q. What was it alarmed you? - A very great bustle coming down the stairs. Q. You occupied the ground floor apartment? - Yes, facing the street. Q. Do you mean from Mrs. Idswell's apartment to the ground floor? - Yes, the first pair of stairs. Q. Do you apprehend that that waked you out of your sleep? - Yes, with the cry of murder. Q. Was that cry repeated? - The first cry of murder disturbed me, and I got out of bed, and it alarmed me, but before I could make the alarm, I heard the blunderbuss go off. Q. Was that close on the bustle that you heard coming down stairs; immediately (as I understand you) together? - Yes, it was; and I immediately made an alarm in the street, I opened the window of my chamber immediately. Q. Was that the first thing that you attempted to do after getting out of bed, and then before you could open your window you heard the explosion go off? - I did. Q. As soon as you opened your window, what more happened then? - A gentleman came to my assistance immediately, who was passing the street, and insisted on the watchman's coming in, I and the gentleman likewise, they made as much haste as possible, and they came in at my bed room window. Q. Do you know the gentleman's name? - Mr. Shelton; they gave me a light. Q. As soon as you had got it what did you do? - I went and looked in the passage. Q. Does your chamber door open into a passage? - Into a parlour, and the parlour into the passage, I was carrying the light with me. Q. When you came to the passage was there any other than that which you carried? - I do not recollect there were. Q. What did you see on looking into the passage? - On looking into the passage I see Day laying on the floor. Q. Will you describe a little more particularly the manner in which he was laying on the floor, he was laying apparently to me at his full length, with his head towards the stairs foot, over his neck. I cannot say who it was, but I believe it was a tall man behind (Handland) I believe that was the man that had his foot on Day's neck, and with his hand beating him at his head, as though he had a club or something beating of him with. Q. Did you observe any body else near him at that moment? - No one at all. He made his escape to go up stairs, the man that was beating him did that. Q. That is left him, and went up stairs. What became of the instrument, whatever it was, that he appeared to be beating him with? - I don't know; I did not see. Day rose immediately with violent cries. Q. What were the nature of the cries he made? - As though he had been very much wounded. I returned in the same moment for further assistance, and saw no more. Q. How near to the street door was Day at the time you see him laying in this deplorable condition? - He was not near the street, but near the middle passage door; there is a door that divides the passage into two parts, and he was near that door. Q. Did you see nothing further that morning? - No, I did not. Q. You did not see Idswell before he was taken out of your house? - Yes, I did. Q. You had returned into your own apartment; when did you return again into the passage? - It might be a quarter of an hour. I went and dressed myself; I past through the passage, and I saw Idswell laying, or rather sitting in the passage. Q. In what part of the passage was he at that time? - Very near the front door. Q. Much nearer, if I understand you, than the situation in which you had before seen Day under the hands of this man? - Much nearer. Q. Did he appear to be wounded? - Very much so indeed, as I thought. Q. I believe he was soon afterwards conveyed away? - He was so. Q. You did not take particular notice of his situation? - I believe I did not. Q. You made no more observation that day? - I did not; but on the Sunday following I found a file and a punch. Q. Where were they found? - At the back of the sofa in the garret. Q. Will you describe to us what you mean by the back of the sofa? - Were they open to common observation, or concealed? - No, they were concealed between the back and the seat, pushed under a bit of the seat. Q. Was that sofa part of your furniture, or something brought in? - It was Jones's. Q. Who has got these instruments now? - I delivered them to one of the officers. Q. Those which you found were the same that you delivered to the officer? - They were. Q. You know a person at the bar who calls himself Phillips. Do you know that man? - I have seen him at my house twice. Q. When might that be? - I think it was the Thursday before that accident happened. Q. The day before? - Yes. Q. Was he in company with any other person that you have made any observation upon? - I did not see him in company with any; he walked through the house and stood in the kitchen very silent to himself, and I see no more of him. Q. Did he come as a visitor to you, or the lodgers? - To the lodgers; I had no such acquaintance. Q. Was he a lodger of your's? - He was not. Q. He was not a lodger in your house? - Not at all, never. I have no men lodgers in my house. Manley. You say you was disturbed in the night. Q. How long did that disturbance continue, that very great bustle? - But a very few minutes. Q. Did it continue a few minutes? - And then the pistol went of. Q. Did the bustle continue while the pistol went off? - I think it did. Q. When you came out of your parlour, you say you see Day laying down on the floor, could you see to the street door then? - No, I did not see so far; I could, but I did not; I was standing at my parlour door, and I did not look to the street door. Q. Are you sure that you did not look towards the street door? - I am sure I did not. Q. Have you now sufficient recollection, so as to speak with certainty, that you did not look at the street door? - I did not look at the street door, I was at the parlour door. Q. How far might the parlour door be from the street door? - There is another door that parts in the middle of the passage, that projects out. Q. That door was open? - It was open. Q. How far is that from the street door? - The parlour door is very near the back door, and it is a very long passage. Q. The middle door being open might you not have seen if you had looked? - I might if I had looked. Q. Did you hear any groans there at all? - I cannot say that I did hear Idswell groan, because Day's were so very loud. Q. Then, in point of fact, you heard no other than those of Day? - I did not. Q. Nothing, in short, that induced you to look to the house door; you was close by Day? - I was. Day's cries were so very violent, and the surprise was so great I did not hear any more from any other part. Mr. Garrow. And you had not a foolish curiosity to go to look further, when you see a murder being committed. Attend to me a moment, will you? When you looked out, the object that prasented itself, was Day laying at his length with his head towards the foot of the stairs, and laying on his breast? - Yes; his head against the foot of the stairs, and his feet pointing towards the street door. Q. Was he laying in the passage, clear of the stairs in the passage? - Yes, he was. Q. You see afterwards the situation in which Idswell was sitting, after you came out the second time? - Yes. Q. What were the relative situations of the places in which you see Day, with a man standing over him and beating him, and the place where you afterwards see Idswell? - He was sitting very near the front door, very near on the mat. Q. How were they in respect to each other? - Idswell's head towards Day's feet. Q. Supposing him to have been sitting or standing on the very spot where you afterwards see him sitting, would he have been in a strait line a head of Day? - Yes, very strait indeed. Q. Supposing one had an object of discharging something through two points at the same time, could one have accomplished it by passing these two points at once? - Yes. Q. Supposing I intended to do it from the bed chamber door, could I have done it? - From the turning of the stairs you could have done it. Q. Could I from any place in which it was likely to have shot Idswell, have hit Day? - No, not where he was. Q. They appeared to you to lay directly one in a line a-head of the other? - Yes, as they fell. Q. From the top of the stairs, supposing a man to be breaking in at your door, could you have shot at him? - I don't think they could. Mr. Manley. Could they have been shot from the landing place? - No, not as they lay; Idswell could not have been shot. Q. Could Day have been shot in that place? - No, no such thing. Mr. Const. If I understand you, the stair case you talk of goes from a passage up a few steps, and then winds about to go up to the other pair of stairs room? - It does. Q. Then the greater number of stairs are between this landing place and this one pair of stairs? - Yes, only three or four below it. Q. Then if any body by discharging a blunderbuss near the door of the bed room, or any part of these stairs that go to the bed room, from the winding place, they could not have shot Idswell? - They could not, unless they had gone down two or three stairs, have shot him where he lay. There are two or three winding stairs where they might have stood on; there are three or four strait stairs and a winding stair or two. Q. And they must have gone down all them before they could have directed the gun strait to the door? - They certainly must. Q. How many stairs are there? - Three or four. They must have gone down all the winding stairs except two or three, before they could have shot him. Q. How many stairs are there altogether? - Fifteen or sixteen altogether. Q. I don't know whether you had the curiosity to examine whether there were any tracks of blood on any of the stairs? - Yes, there was quite up to the end of the passage of the dining room. Q. Was the quantity of blood pretty equal? - The greatest part was in the passage itself. Q. After you got clear of the passage, did the rest appear to be the tracks of people dragling up and down? - Yes. Court to Day. Where was you, what part of the house, when the blunderbuss was fired? - I was within three or four stairs of the bottom. Q. If I understand you right, after the blunderbuss was fired, they knocked you lower down still? - Yes. Q. Then when you was found afterward, you was lower than when the blunderbuss was fired? - Yes. THOMAS SKELTON sworn. Q. You was alarmed at this night? - I was; I was passing on that night at the house, No. 13. Artiilery-street, there were three watchmen at the door, and Mrs. Cummings in her house, in her room on the ground floor, with the window open. I went in at the window; she was intreating for God's sake for some body to come in, for there was murder crying in the house; so then I addressed myself to the watchmen, and told them, I insisted on their going in to give assistance. Q. Did you, in fact, go in at the window? - I did. Q. And when you went in at the window, in what part of the house did you find yourself? - I found myself in the room on the right hand of the passage, on the ground floor. Q. It was the parlour window you got in at? - It was. Mrs. Cummings at that time had a light. Q. What took your observations immediately after you got in? - At the passage door the noise of murder proceeded, from, I see the deceased laying on the ground. Q. Describe the situation in which he lay, according to the street door; how near to the street door was his situation? - I suppose it might be near two yard; he was then sitting, apparently in great agony, at this time alive. Q. How far from the stairs? - I cannot exactly say. Q. Did you see Day? - I see Day at this time standing with his hands to his head. Q. Whereabouts was Day standing? - Nearer the door. Q. Did you see then any of the prisoners at the bar? - There was nobody in the passage then. The door was forced open just at this instant. I then, when I see there was assistance, I directed my thoughts in search of the persons. I went up stairs with two watchmen; and in the first pair of stairs, in the room opposite, where two men sitting; I can swear but to one of them, (Hardwicke.) Q. He was sitting in the front room? - Yes, he was. I then gave charge of them immediately; while the watchmen were conveying them, two men came down stairs; the patrol came up with more assistance. Q. I will simply ask you, whether you saw any other of the prisoners, that you recollect, in the house at that time? - There were four more coming down stairs, two men and two women. Q. Are you able to point out who those two men were? - Him of the name of Phillips. Q. He was one of the two men with the two women? - He was. Q. Have you looked at the other? have you learned what the name of the other was that was coming down with Phillips? - I have seen him; that, I was told, was the other, but I cannot swear to him. When I found there was so much assistance, I desisted from exerting myself so much. After these people were secured, I went down stairs with the patrol; and in the privy there was a man, whole name was Solomons, a tall young man. JOHN RAY sworn. Q. According to your best knowledge, what time of the night was it you came to this house? - I was first called to the watch-house; it was a little after one in the morning. Q. What did you see at the watch-house? - The first person I see was Day; he was then standing at the watch-house door. Q. In the custody of any body, or by himself? - There was a gaoler with him belonging to Lambeth-street, Whitechapel. Q. Besides Day, did you see any of the prisoners that are now at the bar there? - I see all of them at the watch-house, all but Mr. Tilley, to the best of my knowledge. Q. What did you do afterwards? - Day shook hands with me, and said, Ray, I am glad to see you. Q. Did you afterwards go to the house, No. 13? - No, not till I returned from taking the prisoners to New Prison. Q. When was it you helped to take Idswell? - I had been at the watch-house about five minutes, and a coach came up to the watch-house, and the coachman said, the man is dead. Q. That was before you went to the New Prison? - It was. Q. What did you do with the body? - We got the key of the engine-house, and I helped to get the body out of the coach, and laid it in the engine-house. Q. Did you make any search on the person of Idswell; did you take any thing from his pocket? - I did, I took three and fifty guineas from his pockets, and I took a pair of silver buckles, I took a gold ring, and eight watches. They are all here. Q. Did you take any thing else from him but the watches, the guineas, the ring, and the buckles? - No, I did not; I took all that is in that bag. Q. I see there are some papers in the bag? - I found them papers in his right hand breeches pocket.(Read by the clerk of the court.) "This fellow, who goes with me, has a blunderbuss tied under his coat; so if you think it will frighten any of the family, put it off till another day. Your's, sincerely, I. I." No address. Q. When you had taken these things from him, I suppose you deposited the body in the engine-house? - Yes. Q. Did you go to the house of Mrs. Cummings, No. 13, Artillery-street? - No, not till after taking the prisoners to New Prison. Q. After you had disposed of the prisoners, then you went there? - I did. Q. Now, in looking over the house, did you find any thing there? - No, I did not find any thing in the house. Q. Where was it there was a punch found? - That I did not have till Sunday morning. Q. Where did you get it from? - I received it from Mrs. Cummings. Q. To Mrs. Cummings. You gave a punch and file to Ray? - Yes. Ray. That is the file; Mrs. Cummings made a mark on it before I took it out of her hand, and the punch. Mrs. Cummings. It was found on the Sunday after, in the sofa. Q. To Ray. Describe to the gentlemen of the jury what use is made of that punch and file? - Such a kind of thing as that is used to take the bolt out of the basil, to take the iron off, it drives out the rivet that goes into the ring on the small part of the leg. Mr. Manley. There must be something else besides this to get the ring off the leg? - Yes, a hammer. Q. And I dare say that may be used as well to any thing else as a basil? - It is such a thing as that that is used for that purpose. I have got an apron and stocking that I took off one of the prisoners, William Handland . Q. When was it you took them from him? - I took these from the prisoner after taking them to New Prison; the watch-house being so full. there was not an opportunity of searching them before. Q. How long do you think that was from the time that they were brought from No. 13? - I suppose, in about a couple of hours. Q. Now, describe in what situation that apron and stocking was at that time? - Here are two or three spots of blood which is on this apron, which at that time was very fresh. The stocking, I was taking down the candle, and looking over his clothes, and I found his stockings very bloody indeed, and the shoes were all over soaked with blood; at that time I shewed it to two or three that see me take it off, and it was very fresh, and very damp. Court. I want to know where Handland was taken. Q. To Skelton. Mr. Skelton, you said, that you went up, with two watchmen, in the first pair of stairs room, where two men were sitting, Hardwicke was one of them, you did not speak to the other man? - I cannot speak to the other. Q. You gave the watchman charge of these two men? - Yes. Q. To Mrs. Cummings. You spoke of somebody whose foot was on Day's neck? - I cannot be positive who it was, but I think it was the man in the lightish coat. Q. Did you see him on any of the subsequent transactions of that night? - I did not. ANDREW JAMES CUMMINGS . Q. What age are you? - Eight years old. Q. Whose son are you? - Mrs. Cummings's. Q. Do you go to school? - Yes. Q. Do you go to church? - Yes. Q. Do you say your catechism? - Yes. Q. Read the bible? - Yes. Q. Do you know what it is you are doing when you come to take an oath here to be sworn? - No. Q. Do you know what it is to tell lies? - Yes. Q. What will become of you, if you are sworn, and call God to witness the truth of what you say, it you should tell a lie, what will become of you? - I shall be a very bad boy. Q. And what will become of you if you are so very bad as that? - I shall go to hell. Q. Remember that, and, I dare say, you will remember it. Sworn. Q. Do you remember Mrs. Idswell having lodged at your mother's house? - Yes. Q. Do you remember any persons that used to come to the house, backwards and forwards? - Yes, I do; that little short man, the shortest of all. Q. Who is that? - I don't know none of their names, Phillips.) He used to come very often, backwards and forwards Q. Many times in a day? - It may be three or four. Q. Did you see him any time in the course of the day that this accident happened? - No. Q. The day before? - Yes, the day before. Q. More then once? - I may see him twice the day before. Q. And the day before that? - Yes, I see him three times I believe. Q. Look about and see if you know any body else that used to come to the house? - Yes, that tall man of all( John Solomons ) used to come to the house every day. Q. Did you see him the day this accident happened? - Yes, once. Q. And the day before that? - Yes, he used to come every day. Q. And more than once? - Yes. Q. Did you see any other person? - Yes, the middle man, (Simon Jacobs) Q. When did you see Jacobs? - I believe I see him the day before this happened Q. Used he to come often? - No, I did not see him above four or five times in the whole. Q. Do you know any body else? - Yes, here is this man down here, Bowley, he used to come every day. THOMAS LOCKWOOD sworn. Q. You was one of the watchmen that went to Mrs. Cummings's house on the alarm? - Yes. Q. Were you one of those who got in at the window? - Yes. Q. I believe you assisted in securing some of the persons that were found in the house? - Not in the house, out of the house, in the yard. Q. How many persons did you secure? - Only one in the yard. Q. Who was that? - Handland. Q. Where did you take him? - In Mr. Steven's yard, in Gun-street. Q. How near is that Steven's yard to the house where this death happened? - Almost opposite to the back part of Artillery-lane. Q. What was he doing at the time that you first see him? - Getting out of the window of the one pair of stairs landing place. Q. Of what house? - Of Mrs. Cummings's house, where the thing happened. Q. Where was you while Handland was getting out of window? - I was making up stairs after them in the house. Q. You had got into Mrs. Cummings's house? - Yes. Q. You was making up stairs after him, and found him getting out of window? - Yes Q. Did you stop him before he got completely out? - No, he got out before I could overtake him. Q. What did he light upon when he got out of window? - I could not overtake him quick enough, I made up stairs after some more of them, then I went round to the watch, with two others, and came back to Mr. Stevens's house, and there he was standing against Mr. Stevens's back door. Q. Did you know him again to be the man that you saw go out through the window? - Yes, he is the man, I got hold of his coat. Q. What said you to him? - I did not say any thing to him. Q. Did you say any thing to him when you took him? - No, we did not say any thing to him, but I took him to the watch-house directly. Q. I don't know whether you took notice of his dress, whether he had an apron on? - He had an apron on at the time we secured him. Q. I believe you went afterwards, after you had secured this man, with Idswell, to the watch-house, or to the hospital, with the deceased, did you not? - Yes. Q. Where did you go from? - From Mrs. Cummings's house. Q. He was in a coach with you and another watchman? - Yes. Q. You went in order to convey him to the London Hospital? - Yes. Q. When you put him into the coach, was he alive? - Yes, he was; he drew his legs up, to make room for the coach door to shut. Q. Did you observe him expire while you were going towards the Hospital? - We found him going as fast as possible; we rung at the bell; we would not be satisfied without examination at the hospital; and the nurse, as I understood it was, gave an answear to us, said, take him back again, he is dead. WILLIAM BLISS sworn. Q. You are a surgeon? - Yes. Q. Were you called upon to attend the body of Idswell after this accident, or to open the body? - I was called upon near about four o'clock on Saturday morning. He was dead then. There was the mark of some Instrument either bails or others entering the body. Q. Did you open him? - Yes. Q. Did he die of a gun-shot wound? - Yes, he did; I have got the bullets, there were eleven slugs. Q. Whereabouts was he wounded? - At the bottom of the back on the side near the hip. Mr. Garrow. This is all the evidence that we shall think of troubling the court with. Prisoner Hardwicke. In regard to the evidence which Mr. Day has given, I assure you, it is totally false; I was in the front room, I was not in the back room at that time. I did not so much as lay a hand on him, or on his coat. As to the evidence of Bowley in what he has said, I never heard him say any thing about the sick aunt. I was only employed as a porter to move the goods on the 25th; there was another porter along with me, there are two people in court, and I should with to call upon them. Prisoner Haydon. With respect to what is said against me, I am quite innocent of the matter. Prisoner Henley I am quite innocent of the matter; I had no part in it; I had nothing at all to do with it; I was at work the same day. Prisoner Delany. I am quite innocent of the matter. I never see the two men in the world till I see them after I was taken. I never was in the house at all I was drove into the watch-house; I went up to the watch-house while they were taking some of the men in, and I spoke to one of them, and they drove me in and all with them. I leave it to the officers to say, whether they took me in the house, or about the house, any of them. Prisoner Handland. I am quite innocent of the affair intirely. I have nothing more to say. Prisoner Jacobs. I am the brother-in-law of the deceased; and the time he came into prison he sent me word, that as he was obliged now to leave all his effects to strangers, for me to come there often, to look about his effects, and that was the reason that I was there so often. As for my going down into the passage, the reason was, as Day tells you, after the light was there, hearing my brother was shot. He was then alive, and he told me Day has killed me; these are his dying words. He listed up his hand again, and pointed with his hand to Day, and said, this man has killed me. I have no more to say, I leave my cause to God and you. Prisoner Solomons. My lord, and gentlemen of the jury, some little time after the two Idswells were apprehended up at Bow-street concerning the stamps, Mr. Phillips, who is an intimate acquaintance of mine, came to me a little time after. He then told me, the solicitor of the Stamp office has sent for me, and he said, if I could put him in possession of the dies belonging to these stamps, he should have two hundred pounds. He then came to my house again, it was a few days after, and we went to Mrs. Idswell's house, in No. 13, Artillery-street. I see her at home, one morning it was; I told her, Mrs. Idswell, Mr. Phillips has been up to the solicitor of the Stamp office, and if you can put him in possession of the dies, it may be the means of liberating Mr. Idswell. She then told me, I should call again in a few days, and she would let me know more about it; which, accordingly, I called there on Wednesday morning, which, I think, was the 2d or 1st day of April, I will not be certain. I called there, and she told me to call again on Thursday. I called there on Thursday morning, with Mr. Phillips, and I told her, Mrs. Idswell, will you put me in possession of the dies? She says, I cannot do that, but, I believe, I can tell you where the die-maker lives, he lives in Islington-road, on the left hand side, near the turnpike. I have been with my husband once, and she said he never would take her into the house; he let her stand near the door. Accordingly, she told me then, if you call to-morrow evening, I believe it will be in my power to put you in possession of the dies; I cannot give them you now, but I can tell you where you may get them. I then went away with Mr. Phillips; and Friday night, about a little after ten, about a quarter past, I was sitting at home; I just put two of my children to bed; Mr. Phillips comes in, and said, now we will go to Mrs. Idswell, you know she appointed to meet us to-night, to put us in possession of these dies. We went to the house, No. 13, Artillery-street. We rung the bell, the servant came down; he asked if Mrs. Idswell was at home? Says she, she is not at home, but I expect her home very soon. From thence Mr. Phillips says to me, I dare say we may find her at her uncle's, in Fashion-street, at Mr. John Jones's. Accordingly I and Phillips went, past eleven o'clock, to Mr. John Jones 's house. I believe Benjamin Jones 's wife opened the door. We then inquired if Mrs. Idswell was there? She says, no, she is not here, but we expect her here very shortly. Accordingly, I and Phillips went in doors; we sat down till nigh on half past eleven o'clock. Then I says to Phillips, Mrs. Idswell don't come here, we will go along home. Returning down Fashion-street back again, which is my way home, and Mr. Phillips went off home, then says Mr. Phillips, we will go in and see if Mrs. Idswell is at home now. We rang the bell, and the servant opened the door. Says we, is Mrs. Idswell at home? No, she said, she is not within, but she will not be many minutes, if you will walk up. Accordingly I and Phillips went into the dining-room. I see in the room the mother of the servant; says I, do you expect Mrs. Idswell home? Yes, says she, I dare say it will not be many minutes first; accordingly we sat on the chair. I sat down by the fire; the clock was very near twelve. I said to Mr. Phillips, Mrs. Idswell does not come, we will return home. He says, we will stop till the clock strikes twelve, and we will call again in the morning. Accordingly I says to Mr. Phillips, I will go down into the yard, I am very ill, and if she is not come when I come up, we will go home. I had not been in the yard scarce five minutes, when I heard a bell ring at the door, which I then thought Mrs. Idswell was come home. A very little time after that, I was going to get off the seat of the privy, and I heard the alarm of murder called, I could not tell where it came from; and I just got out into the yard when I heard the report of a gun go off, which I thought was in the house. I ran back into the privy again; I see the neighbours out of the windows from all parts of the yard, and they said, there has been a murder committed; there are some thieves. I thought there were thieves in the house, and I sat in the privy, and buttoned the door up till such times as I was apprehended by the two men. The two men pulled at the door, and I thought they would have pulled it open if I had not unbuttoned it; one of them held a naked cutlass across my breast, and I said, I will go along with you, don't use me ill. I have got a wife and four children, and I am as innocent as a child. I did not know such a thing was going on, or I would not have been in the house for five thousand pounds. I am innocent at this time, in this case, as an infant that never was born or its mother, and that I can prove by Mr. Phillips, for he will tell you the same. I never knew any of the family till Mr. Phillips brought me into the house. Court. I think there is not enough to go to the jury on the part of Tilley. Prisoner Phillips. My lord and gentlemen, when the two Idswells were taken into custody, the officers of Bow-street came after me; on which, when I came home, I heard that they had been after me; my wife was at home. I said, I knew nothing of the business, but I will go up to-morrow to Bow-street. On which I called at Mr. Solomons's, to know what was the matter, and what they wanted with me? which Mr. Solomons went up to Bow-street, and he went to know what was against me? They said, they cannot tell him; if I would come voluntarily to Mr. Lee, and if I will tell what I know of the business, I shall not be kept in custody. On which I went to Mr. Lee, from Mr. Solomons; and they told me, if I came up to-morrow to Bow-street, before the justice, and tell what I knew of the business, I should go back again without being taken into custody; which I did, and I was examined before Mr. Flood and Mr. Escot, the solicitor of the Stamp office; which I told him I knew nothing of the business. They told me, if I would make it my business to go among the family, to find out the business among the family, they would make it worth my while. On which I did go among the family, to find out what I could. I called on Mr. Escot, I went to him in his chambers, and I told him, if he will give me leave to go among their family, I thought it was in my power to bring something to light. On which Mr. Townsend went with me in a coach, to Old Bedlam, No. 9, where Mrs Idswell was. Mr. Townsend says, if Mr. Phillips comes here as often as he likes, let him speak with Mrs. Idswell; and I went from there to her sister's, Mrs. Oswald, in Oxford-road. I could not find any thing there. Says I, if you will give me leave to go to the other Mrs. Idswell, perhaps I can find something. Accordingly I went to her, and asked her about the dies, to see what I could do for the Stamp office I called several times; I went there on Thursday morning. Says she, if you call in the evening, perhaps I can let you know something farther of the business. I did not see her. I went there on Friday morning; she was not at home. I called in the afternoon, and they told me that she was gone to her uncle's, in Fashian-street. I went there, and she called me out, and says, Phillips, if you will call to-night, I believe I can put you in possession of the dies. I called on Mr. Solomons to go along with me. We went about ten o'clock to the house, No. 13, Artillery-lane. She was not at home. From thence we went to Fashion-street, her uncle's house, and we staid there till very nigh twelve o'clock, and they told me they expected her that night. Says I, I think it is so late I want to get home. On which we came away, went to Artillery-street, and rang the bell, and asked the servant, if Mrs. Idswell was at home? She said, she expected her home every minute. - When I went up stairs, there was Mr. Bowley there, and several in the place. I was not in the house long before there came a ring at the door. Solomons says to me, he must go down to the yard. He went down to the yard, and Bowley went down and opened the door, and I went up stairs immediately; and I declare to Almighty God, as I stand here a sinner, that I knew nothing if Idswell's coming out, nor I never see any thing of the transaction. nothing at all, declare to God Almighty. I went up stairs; for I asked where the mistress was? There is Mr. Escot, he cannot deny that I called on him several times; he is in court now, he knows I have called, if he has a mind to speak. The prisoner Hardwicke called ten witnesses, the prisoner Haydon called six witnesses, the prisoner Solomons called six witnesses, the prisoner Phillips called seven witnesses, the prisoner Henley called four witnesses, the prisoner Handland called five witnesses, and the prisoner Delany called three witnesses, who gave them all good characters. All Not GUILTY . Tried by the first Middlesex Jury before Mr. Baron THOMPSON. 231. TIMOTHY LARA was indicted for that he, on the 27th of March , with a certain pistol loaded with gunpowder and paper wadding, which he in his right hand, then and there had and held, to and against John Caffery , wilfully, maliciously, unlawfully, and feloniously did shoot off and discharge in a certain dwelling house .(The case opened by Mr. Jackson.) JOHN CAFFERY sworn. I am a taylor ; I live in John-street, Golden-square, I work at Mr. Dignum's, Mary-le-bone-street . On the 27th of March, Friday morning, about eight o'clock, this prisoner at the bar came in, I was on the board, he called me by my name, he did not give me time to answer, but fired at me with a blunderbuss. I had seen him before, but no acquaintance with him. Q. Had any quarrel taken place? - No, no quarrel. Q. Had you on this, or any other occasion given him any provocation? - Not that I know of. After he fired on me, he pulled me off the board, and then the neighbours came in, he said I was a deserter. Q. Have you ever been in his Majesty's service? - No, never. Q. What injury did you sustain? - He blinded me in both eyes, I have not been able to see since. I have not got the fight of one eye yet. There were two balls in the pistol, and they were found on the board where I work, after I was shot. Q. Do you mean to swear whether they were in the pistol or not? - I cannot. Q. What distance were you from him? - About the distance of three yards. Q. What was it that hit you? - Powder. Q. Did the wadding of the pistol hurt you? - Yes. Q. He did not come in and ask your name, he knew your name? - Yes, he knew my name. Q. What was he? - A hair dresser. Q. Where did he live? - I don't know. Q. You knew he got his bread by hair dressing? - Yes. Q. You have been in company with him? - Never sat with him but once or so. Q. You used to talk together when you met? - Yes. Q. Where did you meet him? - Sometimes at the public house. Q. Did you use the same public house as he did? - I have been in the same public house. Prisoner. Did not you agree to desert, did not you receive money from major Brown and captain Dunn, and then made your escape by night; my lord I propose witnesses to prove that he has been a deserter. Court to Prosecutor. You never enlisted at all? - No, never. WILLIAM BOLTON sworn. I am an apprentice to Mr. Dignum; on the 27th of March, the prisoner came into Mr. Dignum's, and said, Mr. Caffery, I want to speak to you; and then he pulled out a pistol and shot him, Mr. Caffery fell, and he goes round the counter, and dragged Mr. Caffery after him, Mr. Caffery cried out, oh his eyes, and Mr. Hughes he came in Q. Did Caffery make the prisoner answer when he said he wanted to speak to him? - No, he had not time to do it. Q. Did Caffery in your presence give him any provocation? - No, he fell from the board directly. Q. Did the prisoner say any thing? - He said he was a deserter, he did from some regiment, but I forgot. Court. This was done in a moment, he pulled out his pistol, and shot him immediately? - Yes. Q. How near was he? - About the distance I am to this gentleman. (Pointing to a person before him.) Q. Nothing more said? - No, not then. Q. Do you know what the pistol was loaded with? - Yes; there were two balls, we found them where I was at work; I goes up and tells my master I found two balls; I have one. Q. How near were you to Caffery, when the firing was? - Very near. Q. Did you find the mark of any ball any where? - No, I looked, my master bid me, and I could not find any. Q. Did it appear to you that the firing of the pistol in that man's face, was by accident or design? - He did it on purpose. Q. Do you know whether the pistol was cocked or no? - No. Q. Did you see him pull the trigger? - He pulled it out of his coat, and then it went off. Prisoner. Did not you see Caffery take up a pair of scissars? - No, he had not time. Court. Where were the balls found? - On the floor. Q. Were there any scissars taken up? -Mr. Caffery had not time to lift up his head to take the scissars, I could see the prisoner come in, but Mr. Caffery could not. JESSE HUME sworn. I am a potatoe merchant. On the 27th of March last, about eight o'clock in the morning, I see the prisoner at the bar, go into the house of Mr. Dignum. I stood at my own door, which is opposite, he had not been in above two or three minutes, before I heard the report of a piece, a pistol or gun. I see the flash, I immediately ran over, as soon as I got over, the prisoner had got hold of Caffery, dragging him by the collar, and the hair of his head, I said, what have you been about? he directly charged me to aid and assist, I said I think you want no assistance; what have you been doing? Mr. Caffery's eyes were as if so much foot had been thrown in, he was rubbing his eyes. The prisoner was dragging Caffery towards the door, he was then off the board. Q. Did the prisoner assign to you any or what reason for his conduct? - No further, than he said he was a deserter, and charged me to aid and assist. Prisoner. I have nothing to say more, than I charged him in his Majesty's name to aid and assist, as I could not get the prisoner to the door. -HANKEY sworn. I keep a stick shop in Mary-le-bone-street. Q. Were you at Dignum's house on the 27th of March last? - Yes. I was up stairs at breakfast about eight o'clock in the morning, and my little boy called me down, and said there was something the matter at Mr. Dignum's. I went in and the prisoner at the bar had got hold of Caffery, and I said, what are you making a disturbance at this time of the morning? and he said this man is a deserter, and I will blow the brains out of any man that comes in my way, and he put the pistol up close to my face, it was so very nigh my nose I did not like it, and with that I laid hold of the muzzle of it, and drawed it out of his hand, with that he attempted to draw his sword. This is the pistol. Q. Was there any ramrod in at the time you took it from him? - No, there was none. I wrenched the pistol out of his hand, and he attempted to draw his sword; he dragged it about a quarter of an inch out of the scabbard. Q. You see him dragging Caffery? - Yes; and Caffery cried out, as soon as he heard my voice, says he, Mr. Rankin, I am shot; when the prisoner attempted to draw his sword, I said, if you draw that, I will blow your brains out, and I sent the boy out for a constable, and the watch-house beadle was coming by at the time, and I gave charge of him to the constable. While I was gone out, Mr. Dignum sent for the surgeon, and when I came back he was dressing his eyes. Q. Did you happen to see the bullets found that came out of this pistol? - No, I did not, I was gone down to the watch-house. TIMOTHY DIGNUM sworn. On the 27th of March, I was just getting up at that time it happened, I heard a noise, and went down stairs, and I see the prisoner at the bar in my shop, and I desired to know his reason for coming in there in that uncommon manner, and some of my neighbours as I was undressed, desired me to go up stairs and dress me, and I went up stairs and by that time I came down some neighbours gave charge of him. Q. To Bolton. Had you cleared down the board that morning? - I had cleared it down the night before. Q. You are sure there were no bullets on the board then? - Yes, I am. Q. What men had you on the board that morning? - None but Caffery and me, my master was not up. Q. What clothes had been on the board? - A black coat we were making. Q. Any old clothes mending? - Not one; nothing at all but the black coat making, my master very seldom mends. JONATHAN BRAND sworn. I am beadle of St. James's, Westminster. On the 27th of March, in the morning, about eight o'clock, I was going into Golden square, seeing a mob at Mr. Dignum's door, I asked the hosier, next door, what was the matter? I went into the house, and was told that a soldier had shot a man; when I went into the house, I see the soldier behind the counter, and Caffery by him with his head down, Mr. Dignum and Mr. Rankin were then in the shop, behind the counter; Mr. Rankin had a pistol in his hands, and he told me that he wrenched it out of the soldier's hand, he told me to take care of the prisoner; says the prisoner, are you an officer? says I, I am; says he, then I will surrender myself to you, if you will take care of my deserter; I told him that I would take care of him, and I took him to the watch-house, and Mr. Rankin and Mr. Dignum came and charged him with attempting to shoot the pistol at him. Q. Did not you ask him why he shot the man? - I did not till we were going to the watch-house, he said he would shoot any that attempted to desert from him or to rescue, he told me that the prosecutor resisted and took the shears. Q. Did you hear captain Dunn say any thing in the presence of the prisoner? - No, captain Dunn never saw the prisoner as I know of. Court to Rankin. Did not you ask the man how he came to shoot? - I did not. I asked him what he made a disturbance there for? but I did not know that he had shot just at that time. Q. To Hume. Did you ask him how he came to do this? - When I went into the shop, I asked him what he had been about? and he made me answer in the King's name to aid and assist him. Q. Did you ask him how he came to shoot the man? - I did not. Prisoner. I wish to call two witnesses to prove the information that I received of this man being a deserter. When I told John Caffery that he was my prisoner, I seized him across the shop board he catched up the shears, and it is true I pulled out the pistol the pistol went off in the course of the struggle and flurry, nor had I any malicious intention in so doing, I did no more than I think is the soldier's duty to do, whenever he hears of a deserter. WILLIAM BIGGS sworn. I was at captain Dunn's when serjeant Lara asked captain Dunn, if Caffery was a deserter, captain Dunn said he was, and he fully described the man. Mr. Jackson. What are you? - A volunteer in the Louth Volunteers. Q. The prisoner is an enlisted soldier in the Louth Volunteers? - To the best of my knowledge he is. Q. Have you seen his inrolment? - I did not see him enlisted. Q. Do you know that he is enlisted? - I have heard he is, I cannot prove it, because I did not see him enlisted, he has acted as a soldier. Q. Is he of your recruiting party? - Yes, he is. Q. Do you know whether he has been enlisted in your recruiting party or no? - I cannot tell. Q. Where is your house of rendezvous? - At the Cooper's Arms, in the Borough. Q. How long have you been enlisted? - About two months. Prisoner. Did not you inform me that John Caffery strove to induce you to enlist with captain Dunn and another man, and likewise on receiving the bounty, to desert all three of them? Mr. Jackson. How long have you been in the recruiting service? - About two months. Q. Did you never enlist a man before these two months? - No. Q. Did you ever have any thing to do with this house of rendezvous, till within these two months or not? - No, upon my oath. JOHN RING sworn. All I know of this business is, that this Caffery has asked me some time back, I dare say it was December last, to go and enlist with him with captain Dunn, and that we might receive the bounty, and then desert with it. Q. Do you know any thing about this particular business? - No. JOHN RING sworn. I am a surgeon, in King-street, Hanover-square, I was called in to the assistance of Caffery, on the 27th of March, I found him with his eyes much inflamed in very great pain, in the lower part of the forehead there was some inflammation had already taken place, and it appeared to me to be a little singed, I extracted what powder I could, washed and syrenged the eyes, and left him in a much easier state than I found him. Q. Did you see any of the wadding? - Nothing. Q. Did the prosecutor's eye get better, or has he been blind? - It got better, and afterwards grew worse again. Q. Is the fight hurted at all? - I think very little, I hope he will perfectly recover it. Q. Has he been deprived of fight since the accident? - For a while he has not been able to open his eyes on account of the inflammation, there appeared danger of his losing his fight from the inflammation. Q. There was no wound of any sort? - Not any, but it seemed as if the skin had been blistered. I should not have known that the pistol was loaded with ball. Q. How near would you suppose it to be? - I should suppose about half a yard, I should certainly think that the distance was not great, because there was a considerable swelling, and a very great degree of inflammation on the lower part of the forehead, and it appeared in some degree to be circumscribed, there appeared not space for the powder to expand. The prisoner called two witnesses to his character. GUILTY . Death . (Aged 24.) Tried by the second Middlesex Jury before Mr. COMMON SERJEANT. 232. WILLIAM MILLARD , and RICHARD GREENLOW , were indicted for burglariously breaking and entering the dwelling house of Henry Catmer , about the hour of ten at night, on the 14th of March , and burglariously stealing therein, two metal candlesticks, value 2s.6d. and a brass candlestick, value 6d. the goods of the said Henry Catmer . SARAH SMITH sworn. Q. Whose servant are you? - Henry Catmer's, he lives at No. 13, Little Moonfilds , a fan-maker ; I went of an errand, and I had occasion to go down for my bonnet and gown. It was on a Saturday, about a quarter before ten. Q. You went down, where? - Into the kitchen for my bonnet and cloak. Q. A kitchen underground? - Yes; I came up and locked the kitchen door. Q. Did you leave the street door open? - No, I shut the street door to. It was a chandler shop, and to be left open; I left it on the latch, and when I came back again I found the kitchen door open; that I left locked. Q. How soon did you return? - In about a quarter of an hour. Q. How did you find the street door? - The street door was wide open. It very much alarmed me seeing the kitchen door open, and I ran and locked it, and I came up to my master, and told him, I was very sure there was somebody in the the place, for I heard their hands feeling about, and I heard the things rattle; and he came down, and they both stared him in the face. HENRY CATMER sworn. Q. You live in NO. 13, Little Moorfields. It is your house? - It is. I let the shop to my mother-in-law, who keeps the shop. When the girl went of the errand, I sent her off; she came up with fears; I asked her what was the matter? she said, she was sure there was somebody in the kitchen; she heard the things all rattling, and had felt somebody's hand feeling about the wainscot. On that I asked her where the key was? she gave it me, and I took a candle, went down and unlocked the door, and unlocking it, the two prisoners at the bar were fixed with all attention to look me in the face, which they did. On that, as soon as I see them, I said, you are two fine lads. I had scarce got the words out of my mouth, when Greelow momentarily knocked the candle and candlestick out of my hand. The candlestick was found at the stairs foot, and the candle trod upon. Instantly he tried to get by me in the dark. I drew back to the narrow part of the passage to hinder them coming by me, and called for a light. When the light came, I see them both standing before me; I took them both by the collar, one in one hand, and the other in the other. I asked them what they did there? they told me they thought it had been Mr. Warren's, the green-grocer's, which is in Fore-street; at that time the alarm was given, and the watchman came, and I was going to represent the circumstance to the watchman; says he, will you give any charge of them? I said, yes; and he took one in one arm, and me the other, and went to the watch-house with them. Then after that the constable asked me if I had lost any thing? I said, I could not tell. I went and took the watchman with me, and searched the room. When we came there, we found the things off the mantle-piece, all laying about the floor, and the cupboard doors all wide open, and these candlesticks by the door close under the chair which was on the mantle-piece, and a tinder-box and other things removed, here are three candlesticks which were removed from the mantle-piece, to the corner of the door. The watchman took Millard, and I followed with Greenlow He begged me not to take him to the watch-house. The constable searched them; there was a silk handkerchief found on each; one had a pair of hooks, which went by the name of Barrington's hooks, and nine shillings were found on them. WILLIAM BURGESS sworn. I am a watchman, I just got to my stand, was going to unlock my stand, when I heard a voice call out thieves! I apprehended one of them. Q. Did you search either of them? - No, I did not. WILLIAM MORGAN sworn. I am a patrol for the ward of Cripplegate; I searched Millard, I found on him three half-crown pieces, one shilling and sixpence, and, I think, five halfpence, and a bent wire, with two hooks to it, commonly known by the name of a drag. THOMAS WILKES sworn. I searched Greenlow; I found three shillings and some halfpence in his pocket, and this handkerchief about his neck, and this other handkerchief I took off the prisoner Millard's neck. Q. Why did you take the handkerchiefs off the prisoners necks? - Because I took them to search them and Alderman Langston told me keep to them. Prisoner Greenlow. I was going down to my father's house, and my father sent me to Mr. Madden's, in little Moorfields. Going along, I met with this young lad and he asked me what was the clock? and I told him, I did not rightly know; and he asked me to go into this house, to get some bread and cheese. Directly we went in, somebody locked the door, and we were very frightened, and by stamping with our feet, Mr. Catmer came down, and he said we knocked the candle out of his hand; it was no such thing. Prisoner Millard. I was going along, I left my master, who is an hackney coachman on the stand; going home, I met this boy, and he asked me to go and buy some bread and cheese. I went us, and felt along for the door and somebody shoved me into the place. GEORGE GREENLOW sworn. I am a horse hair weaver by trade, I live in Whitecross-street, I am the father of the boy Greenlow's he is just turned of twelve years old. Q. How long have these boys been acquainted? - I don't know; I sent him out of an errand, how he got into the acquaintance of this boy, I cannot tell. SARAH MADDEN sworn. I keep a house in the Borough; Greenlow is my brother; he has always behaved well, to my knowledge. I never knew nothing but this affair. William Millard , GUILTY.(Aged 14.) Richard Greenlow , GUILTY.(Aged 12.) Of stealing but not of the burglary. Judgment respited . Tried by the London Jury before Mr. COMMON SERJEANT. 231. WILLIAM BARNES was indicted for burglariously breaking and entering the dwelling house of Gabriel Grover , about the house of ten in the night on the 2d of April , and burglariously stealing therein, a cornelian seal set in gold, value 1l. the goods of the said Gabriel Grover . WILLIAM ROSS sworn. I am servant to Mr. Gabriel Grover, of Holborn , a silversmith . I saw a seal about the 31st of March or the 1st of April. Q. What did you see the prisoner do? - I know of his cutting the glass; he came to the window; I was at the further end of the counter. Q. What day was it? - On the 7th of April. Q. You was standing in the shop? - Yes. I see him come to the window, and I had a suspicion that I see him one night before, when they attempted to take some silver buckles. Q. What time of the day was this last time? - About ten o'clock in the morning, I watched him, and I thought I see the point of something go into the putty, by the side of the frame of the window. Q. What was it like? - I only see the point of it; I did not see what it was like; I thought he would make a hole by the side of the glass, by the frame, and then he walked away to a little distance, and came back again, Then he came back again and made another hole, and walked back again; and then came back, and put his instrument, or whatever he had in his hand, and wrenched it, and the glass cracked a little way; then he wetted his thumb, and rubbed up the glass, and the glass cracked as far as his thumb went; and he walked back again, and I jumped over the counter, and called out. Q. Now, after he had rubbed his thumb along the glass, what did he do next, did he take the piece out? - No, be only cracked it up, he walked on, and he went to the next door and I did not let him go out of my sight, but I knocked to let my master hear, and the prisoner came back and went up a passage, and I went to him, and caught hold of the skirts of his coat and called out. A gentleman from over the way came to my assistance and brought him into the shop, and they began searching of him. Q. Were you there? - I was there. Q. Was any thing found on him? - He dropped a seal of mine, and it was dark in the shop, and I went to get a candle, and the constable see something and he kicked his foot on something, and kicked a seal behind him. I see him kick his foot, and I see the seal. Q. Where was the seal before it was taken out of the window? - In a card in the window. Q. How could he take it out if the glass was not broke? - The window was cut before, and the seal taken out then, on the second. Q. When had your master lost a seal? - On the 2d of April. Q. Are you sure that the seal dropped from him that was stole from your shop the 2d of April - Yes, I am sure, I sealed a letter with it on the 31st of March, or the 1st of April. Q. Had you seen the prisoner there that day? - I could not say I did, but I thought I did. Q. Then you have only a belief that you see him there the 2d of April? - No, I only believe it. Q. But you are sure that the seal was lost the 2d of April? - Yes, it was lost at night. Mr. Gurney. The last time you see this seal was on the 31st of March or the 1st of April? - Yes. Q. You say you believe you saw the prisoner on the 2d of April? - I cannot swear that I did, I only thought I did. Q. When you see this seal on the ground how far was it from the prisoner? - Just by him, it dropped from the prisoner. Q. Did you see it drop? - No, but the constable see it drop, and I see the prisoner kick it behind him. Q. He was moving about the shop? - No, he was standing still to be searched, and he kicked his foot, and hit it against the seal. Q. What became of that instrument, did you find it? - A gentleman of the other shop brought it in, and said, a person threw it into his house like the prisoner. -SINGLETON sworn. I am a constable. On the 2d of April, at ten o'clock in the morning, or it might be turned of ten, as being a constable, I was sent for to this gentleman's shop, at Holborn-hill, and he gave me charge of the prisoner at the bar. I searched him. While searching him, he was very busy at work with his two hands; presently I heard something drop. I said to him, you have dropped something. No, says he, I have not dropped nothing. He gave his foot a kick, and kicked the seal behind him; I stood and picked it up, and it was this seal, and I shewed it to the gentleman, and he looked at it, and the boy likewise said, this was the seal taken out on the 3d of April, when the pane of glass was broke. Q. Was the prisoner by when he said that? - After that I had searched him, I examined his watch, this seal was added to it, and you may see where the other seal was broke off. Here is a duplicate of a key pawned for a shilling; I did not go to inquire about that; nor this other seal the gentleman of the shop did not own. This tool was brought in by a gentleman from the next door, who is a linen draper, it is a kind of a brad awl; and in searching him here is a key, to which I can say nothing, it was found in his breeches, it may be the key of his lodgings. Mr. Gurney. I think you said you heard something drop while you was searching the prisoner? - Yes, it dropped close from him, down at my toes. Q. He dis vowed all knowledge of that seal? - He did. Q. Where was it you searched the prisoner? - At the end of the counter in the shop, between the parlour and counter, in rather a dark place, and the seal dropped from him, and I said, my friend, you have dropped something. Q. It was a dark place near the counter? - Yes; but not so dark but I could see. Q. Did you search all the dark parts of the shop? - I did not. GABRIEL GRANGER sworn. On the 2d of April I had my window broke, and a gold seal taken out. Q. Do you know by whom? - I do not; I see some man looking about the window about a quarter of an hour before. Q. What time of the day was it? - Ten o'clock at night. Q. Was the shew glass without side of the house? - It was not the shew glass; it is the front upright glass of the the window. Q. How near was the seal to the window? - It was a finger's breadth from the glass, I received it in about five minutes after it was done; I was selling a pair of buckles, and then after the glass was broke and the seal was gone; there was a small piece of the glass gone from the corner, a hole big enough to admit a small seal being taken out. Q. Then there must have been a wire or something put in to take it out? - I conceive the hand could not be put in, but two fingers might. Q. Then you heard no more of your seal from that time to the seventh? - No, not at all, till I heard it was found on the prisoner. Q. What past at his examination when he was first brought into the shop? - I see him sumbling at something as if he was striving to conceal the instrument, with which he broke the glass; but afterwards I understood by the constable, that he found a glass seal. Q. Did you see the constable produce the seal to you? - Yes. Q. Did you hear any thing drop? - Yes, I did; I heard the watchman tell him he dropped something. Q. What did he say to that? - I do not recollect. Q. Is that your seal? - Yes; that is the seal I lost out of my window, on the 2d of April; I am confident of it. Mr. Gurney. You did not see any drop? - I did not. Q. What is there so very remarkable in that seal as for you to know it to be your property? - The impression. Q. Was it cut for any body particularly? - No, it was not; I had a seal of that very impression. Q. You bought it in the course of trade? - The seal was made at Birmingham. Court to Ross. Do you know that seal? - I knew it directly the constable picked it up; I know it by the impression, and by the bars, and by the make of it. Q. Had you ever had it in your hand before? - Yes, I sealed a letter with it either on the first of April or the 31st of March. Mr. Gurney. You sealed a letter with a seal of this impression and make? - It was this seal. Q. Supposing the same workman had made one exactly like it, you could not have known the difference? - There is some little difference. Q. Is there any one particular mark on it? - Only the impression. Q. This was the 7th of April, and you had not seen it from the 2d? - No, I had not. There was one bar in it had been loosened and was obliged to be taken to a town workman to be fastened. Prisoner. I am entirely innocent of what I stand here charged with. The prisoner called three witnesses to his character. Jury to Ross. The window that was broke on the 2d of April, was that the same as the prisoner was breaking on the 7th? - No, the next pane. GUILTY, (Aged 20) Of stealing but not of the burglary . Transported for seven years . Tried by the London Jury before Mr. COMMON SERJEANT. 232. EDWARD BARNES was indicted for feloniously stealing. on the 9th of February , an horizontel watch, both cases made of gold, value 30l goods of John Jordan , privately in his dwelling house . JOHN JORDAN sworn. Q. Where do you live? - No. 7. Throgmorton-street, by the Royal Exchange . On the 5th of February, the prisoner came to my house about three o'clock in the afternoon- Q. What are you? - I am a watchmaker . I was confined to my room very ill at the time. My shopman came up to me and said there was a man below who wanted to give an other for a couple of gold watches, and he was recommended to me by one Mr. Goudge, I told him I was so ill I could not speak to him, and told him to take the order. He went down and came up again, and said I must come down and take the order, I was so ill I could not, I then desired him to come up to me. Q. Did the prisoner come up? - He did, and I desired him to take a chair and to sit down, and he gave me instructions for a couple of gold watches, for forty guineas a piece, and that they must be ready in three weeks a time, that the ship was ready to sad that he was to go in; I took the order after shewing him watches of different forms; I had a number hanging up in my room before he came up. After I had fully agreed with him of the form and size of the watches, I proposed to take down his direction; while I was standing, half standing and half sitting, he made a snatch at one of the gold watches, and he made away with it down stairs. Q. Did he take any when he made a snatch? - Yes, one of them; (I value it at thirty guineas. And immediately ran down stairs, my shopman came up at this time, and told me mere was a man down stairs that wanted me, to speak to me; I told him that the man that had come up stairs had taken a gold watch, and ran down stairs. He had given me his name as Thompson, and the watches were to be sent to Dice's Key. Q. Are you sure he is the man? - Perfectly sure Q. Did you ever see him before that? - Never before that time; I am perfectly sure he is the man; he snatched the watch, I looked immediately and the watch was gone; I was so ill at the time I could not follow him. Q. How long was it after this that you heard of this man being in custody? - I cannot say how long, I fancy it must be about three weeks, I think it is thereabouts, but the person who took him is a person belonging to Bow-street. Q. How often did you attend against him? - Once at Bow street, and once at Guildhall. Q. How many examinations did he go through there? - Only them two I think. Q. Did you swear to him each time? - Yes. Q. Are you sure of that? - Perfectly sure. Q. What distance of time were the examinations from each other? - I cannot recollect that; it was the first time in Bow-street, and the second time in Guildhall; it was just at the time of the sessions breaking up, the sessions before this. The alderman wanted me to attend the grand jury, but I was told that the session was broke up that time. Q. Have you ever seen your watch? - No, never. Q. Had you any bell near you? - I had, but I did not ring for fear of the servant not coming immediately, not knowing what I wanted. Q. Did you cry out? - I cried out stop, and he said I will call to-morrow. Q. Were you so ill that you could not attend to the features of the person? - Not so ill as that, I attended to his features every part. Q. Who is in the business with you? - None, nobody but myself. Q. How far were these watches from you at the time that the snatch was made at one of them? - It was three yards from me. Q. Were you in bed at that time? - No. The watch was three yards from me, and he was standing at a right angle from me. Q. Were you nearer the door than he? - No, pretty near the same. Q. Did you see the watch taken? - I did not see the watch in his hand, I missed it and looked, and see the watch was gone. Q. Do you make your own watches? Yes. Q. Were these watches in the shop? - I was in the room up one pair of stairs, I have a shop below. Mr. Knowlys. This is a base metal watch? - A gold watch, there was a stamp on it, both the cases were gold. JOHN PITMAN sworn. I work for Mr. Jordan. I know the prisoner, he came into the shop in the afternoon, on Thursday, the fifth of February, between two and three o'clock. Q. Are you sure that is the man? - I am, he said he wanted two gold watches. I told him I did not think that we had any at present that were quite complete: he told me that he wanted some gold stop watches to take with him to India, and that he had been recommended to Mr. Jordan to make some for him I went up stairs to inform Mr. Jordan that there was a person wanted some watches; I came down and told the prisoner that we had none at present ready, and that we had some that would be ready in a short time, had desired him to give me his address. He wrote his address "Mr. Thompson, at Dice Key, Thames-street," on a state which we had in the shop; he then desired me to go up again, and ask how long it would be before they were ready, as he should set fail in March; which I did, and came down, and desired him to walk up stairs; he went up stairs, and was with Mr. Jordan about the space of ten minutes, he then came down stairs, and went out in a hurry, as soon as he was gone, Mr. Jordan told me he stole a watch, he asked me to go and look after him, I did so, and came back and told him I could not find him, he sent me down to Mr. Bolt, the Wharfinger of Dice Key. Q. When did you see the prisoner again? - I see him on the Thursday after. Q. Are you sure then that is the same man that you see in your house? - I am certain. Mr. Knowlys. Pray did not you go into Newgate to see if you could ascertain the man? - No, I did not; I went to Tothilfields. Q. Was it to see this person? - No, it was not. Kennedy. I am an officer belonging to Bow-street. I stopped the prisoner at the bar in consequence of this band bill, on the twentieth of January. Mr. Knowlys. You found nothing on him at all? - No, nothing. Prisoner. I leave it to my counsel. GUILTY . Death . (Aged 25.) Tried by the London Jury before Mr. COMMON SERJEANT. 234. JOHN JENKINS was indicted for feloniously stealing, on the 4th of March , nine pieces of wood, called putlogs, value 2s. two vicker baskets, value 6d. the goods of Philip Norris . (The case opened by Mr. Knowlys.) ANN RAY sworn. Q. You are a servant of Mr. Robert Parker , Red Cross-street. Q. Is that near Jewin-street ? - About facing it. Q. Do you know the prisoner? - Yes. Q. Was he a customer of your house? - He used to use the house. Q. What is he? - A Bricklayer . Q. Do you know Mr. Norris's Buildings? - Yes. Q. Was he employed there? - No. Q. Did you observe the prisoner on the 4th of March, on Wednesday? - I cannot say that I did. Q. When did you see him then? - I don't know the day. Q. Do you know the month? - I do not. Q. Did you tell your master the same day? - Yes. Q. What time of the day was it? - Between eight and nine in the evening to the best of my knowledge. Q. Now, tell us where you see him, and what he was doing? - I see him bring something out of the building on his shoulder, but what it was I cannot tell. Q. Was it stone or wood, or what sort of thing? - I cannot say, I see it only on his shoulder. Q. Which way did he go? - He went down Red Cross-street. Q. As you see him coming from this building, did you tell any body of it? - I went in, and told my master. Q. Are you sure you see him come from this building of Mr. Norris's? - Yes, I am very sure I did. Q. Which of the houses was it that it was taken from? - I cannot tell, they are not built up yet. To the best of my knowledge it was the corner house, I am sure it was Mr. Norris's. ROBERT PARKER sworn. I keep the Fountain, in Red Cross-street. Q. When was it that you had any information from your servant? - Between eight and nine o'clock. Q. What day? - I cannot tell, my servant had been out with the persons beer I believe. Q. In consequence of what she told you what did you do? - I went on the opposite side of the way after the prisoner. Q. How far from your house were you before you saw him first? - About twenty or thirty yards when I first clapped my eyes on him, he was at Mrs. Fisher's, a green, stall in the same street, I see something on his back, but what I cannot tell. Q. Did you at the same time come up to him? - I did not, I was not the same side of the way. I am a Bricklayer myself, and I know Mr. Norris very well, and I went to his foreman and acquainted him with it; I acquainted some man that did work for Mr. Norris. Q. Had you the curiosity to go into Mrs. Fisher's? - I sent one Bolton into Mrs. Fisher's. Q. Did you go in after him? - Yes, after one Bolton, and Jenkins went down to the buildings, the corner of Jewir-street, Bolton said Jenkins picked them up in the street. Q. How long after Jenkins had been in? - About a quarter of an hour. I went into Mrs. Fisher's, after Jenkins had been in about half a quarter of an hour or ten minutes, and I found nine putlogs, and two vicker baskets. Q. How long after this was it that Jenkins was taken up? - I don't know whether it was one day or two days. I desired Mrs. Fisher to put them down in the cellar. Q. Are you sure that the things he had about him he went into Mrs. Fisher's shop with? - No, I cannot swear to that. Q. Was he carrying the same sort of thing? - It was like that piece of wood. JANE FISHER sworn. I keep a green grocers in Red Cross-street, I know the man at the bar. Q. Do you recollect the evening when Mr. Parker came to your house? - It was on Wednesday night. Q. Did Jenkins come to your house that evening? - He came to my house between six and seven o'clock, and asked me if I would buy wood. To the best of my opinion it was the fourth of March. Q. Had he any wood with him at that time? - No, he said he would fetch it, Between eight and nine he came again, he brought three pieces of wood. Q. I don't know whether you know what a putlog is? - No. They were put in my passage up against the wainscot; then he went again and brought three pieces more, for which I gave him seven-pence. Q. Were they the same kind of wood as the other three? - Something larger, but the same sort. He asked me if I would buy any baskets, and I understood it was chips that he had in these baskets. Q. Did he bring any baskets? - Yes, two baskets, and three pieces of wood more. Q. Were these of the same kind of the six? - Yes, the same kind and sort. Q. After he had left these with you, how long did he stay with you? - Not long; I asked him what I should do with the baskets, they were of no manner of use to me, he said they would do for firing, I told him they were of no manner of use to me, and they would answer for his own use. Q. Who came with him? - Two young men, they came in, and he went out. Q. Did these two men stay? - No, he went out to them, and he went away when he had spoke to them. Q. How long was it before you see Mr. Parker after they were gone? - About five or six minutes after Jenkins were gone, then Parker came. Q. Did you after that see any body from Mr. Norris's premises? - Yes; then when they came in they see Mr. Norris's name on it, they had a light, and went and see them. Q. Did you see Mr. Norris's name on these pieces of wood? - Yes. Q. Then Mr. Parker desired you to keep them? - He desired me to put them into my cellar again. Q. Do you know Mr. Evans? - I do now, I did not then. Q. Did he see these pieces of wood? - The next day he did. Q. What time? - I dare say it was in the forenoon. JOSEPH EVANS sworn. I am foreman to Mr. Philip Norris. Q. Had he any buildings going on in March last, in Jewin-street? - Yes. Q. Do you know the prisoner at the bar? - Yes, perfectly well. Q. Was he ever employed in the building in Jewin-street? - No. Q. You must have known that if he had? - I must, I am the foreman. Q. Did you go to Mrs. Fisher's house? - I did on account of the information of Mr. Parker, about ten o'clock in the morning, I found the nine putlogs and two baskets. Q. Were they vicker baskets? - Yes, they were. Q. Were there any marks on any part of the property? - Yes, they were branded P. N. on every one of the putlogs. Putlogs are pieces of wood that goes from the ladder into the wall on which boards are laid, that which forms the flooring of the scaffolding. Q. Are you sure whose property they are by these marks? - Certainly they are Mr. Norris's. Q. Do you know what part of the premiles they were missed from? - It being so large a building, and not being all in one spot, I could not possibly miss them; I could not possibly say they were missing but by the information. Q. Were there putlogs of that size employed on the premises in Jewin-street? - I could almost have sworn to them, if they had not been marked, I had used them two years on these premises. Q. Are they worth a couple of shillings in that state? - Yes, they cost sixpence a piece when new. Q. Do you know any thing of the vicker baskets? - I know the miss of them, by having three the day before. Q. Do you believe them to be Mr. Norris's? - Yes; they were all over clay; we were carrying clay in them the day before. JAMES WOOD sworn. I am a labourer in Mr. Norris's buildings; I took the prisoner in the Strand, on the 5th of March, in the afternoon, As soon as we took him, he said he thought what we were upon. Q. Was any body with you? - There was a gentleman; we told the gentleman. Q. Had that gentleman told the prisoner? - No, I believe not. He was taken before a magistrate, and committed. Prisoner. This gentleman took me in the Strand. I told him, I know what you are come for; you are come for some pieces of wood that I took from the building in Jewin-street. Evans. I know the pieces of wood; they are marked. Prisoner. I was looking for a job; I have not had any work for ten weeks. I went up Jewin-street, and see this wood lay there, and I went up to this woman, and asked her if she would buy it? I sold it to her for old wood. Court. What is your business? - A bricklayer. Q. To Evans. What is the value of the basket? - Sixpence. GUILTY . (Aged 29) To go for a soldier . Tried by the London Jury before Mr. RECORDER. 234. JAMES REYNOLDS was indicted for feloniously stealing, on the 8th of April , twenty pieces of leather, value 10s. the goods of John Dutton . JOHN DUTTON sworn. I am a boot-maker , in the Strand . I cannot say how I was robbed; I missed pieces of leather at several times, in consequence of which my suspicion fell upon this man. Q. Was he a servant ? - Yes; I went and searched his apartment, and there I found some leather. He lives out of doors, but he is my foreman. Q. Where was his apartments? - In Hewitt's court. Q. How far was that from your house? - Not above two hundred yards. Q. Did you find twenty pieces there? - More than twenty; I have not reckoned them; the beadle has had them in his possession ever since. Q. How do you know that to be your leather? - Upon my word, it is not an easy matter to swear to it. I have my doubts whether I can swear to the whole, I can swear to some. Q. Is there any thing that you can be certain to? - There is a doubt on my mind. There are some pieces of leather here, but then they were not found in his apartment. Q. Now, (the second parcel produced) where did that come from? - The next morning, which was a Thursday, a woman came to me, and said, a person brought some leather to her. Q. You know nothing but from the information of that woman? - No. I have not a doubt but that the greatest part of this leather is mine, but then it was not found in his apartment, and the woman is not here. Not GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 235. STEVEN STEVENSON was indicted for feloniously stealing, on the 8th of April , a steel watch chain, value 6d. a metal watch key, value 3d. and a metal seal, value 1s. the goods of Joseph Withers . JOSEPH WITHERS sworn. I am a servant to the Duke of Bedford, a butler . I was going along Pallmall on Wednesday the 8th of April, about nine o'clock at night, and I felt my watch going out of my pocket. Q. Where was your watch, in your pocket, or your fob? - In my pocket; and upon my stopping the watch in my hand, the chain broke. I put my right hand out and catched the prisoner, and catched part of the chain in his hand. Q. In which hand had he it? - I am not certain. Q. Was he facing you? - No, he was on my right-hand side, nearly opposite me. Q. Were there any other people about you? - Yes, a good many. Q. Did you stop him? - Yes; and directly called for the watch. Q. Was the key and seal remaining on the chain? - Yes; the Bow-street officers took it from him; Croker took the chain. They were delivered to me next morning at Bow-street. Q. Did you ever lose sight of him after you had taken him? - No, I did not loose his hand till the officers came up. Q. What may be the value of these things? - Not worth more than one shilling and nine-pence. Q. When had you last seen your watch? - I had occasion to take the watch out about a quarter of an hour before, and from that time I had the chain in the slap of my breeches. Q. You say there was a great crowd about you, was this a public day? - Yes, it was the night of the marriage of the Prince of Wales. CROKER sworn. I am an officer of Bow-street; I was present at the time the last witness was robbed; I heard that there was a person had picked a gentleman's pocket; I took him into custody, and took him to the public house. I see nothing of the robbery, only the prosecutor charged this man with robbing him. He said, that he had attempted to rob him, and produced a part of a chain, which, he said, he felt him draw from his pocket. Q. What public house did you take the prisoner into? - I believe it is the Star and Garter, Pall-Mall. Q. Did the prosecutor give you the chain? - Yes, he told me that was part of the chain he had lost. Q. Did he say that in the presence of the prisoner? - Yes, we were together. Q. What did he give you? - The key and seal, and part of the chain of his watch. Q. What did the prisoner say to that? - I asked him for his address, and he refused to give it. Q. Don't tell me about his address, tell me what he said? - I do not recollect. Q. Did you take the address? - He would not give me his address till we took him before the magistrate, I then took him into custody, and part of the chain, with the key and seal. Q. Where was he examined? - At Bow-street. Q. Did you deliver the chain to him again? - I did at Bow-street; he said that was his property. -BAKER sworn. Q. Do you know any thing more about this than Croker? - No. Q. Did you see it taken out? - No. Q. Did you see the chain in the prisoner's hand? - No. (The prosecutor produces the property.) Q. To Prosecutor. What is on the seal? - A snipe. Prisoner. I have lived upwards of thirty years in this kingdom, and never did any thing that was bad before; the night of the robbery for which I am in custody, I came down Pall-mall; there was a great crowd; I endeavoured to get the other side; I could not, there were so many people. I attempted to go towards Westminster, pressing through the crowd. I fell at the curbstone of the pavement; a coach came by while I was down; I endeavoured to raise myself up, and I catched hold of any thing to save myself; whether I laid hold of that gentleman's chain I know not. I am confident that the prosecutor speaks the best he can, and I am also confident, that I never intended to rob him; and there were several hundred people near when this gentleman took hold of me, and called for the constable, and took me to the watch-house. I am in circumstances very unfortunate; I was committed for re-examination as yesterday, and yesterday morning the turnkey of Tothill fields, where I was, asked me if I knew there was an indictment found against me? he said there was, the bill was found against me last Friday. I had made my wife believe, and my friends, that I should not be tried till next session, of consequence I am unprepared. I was only brought here yesterday; none of my friends know where I am, except, only at two o'clock, I sent to my wife. I have a respectable merchant in the city who can come to speak for me to-morrow. This is all I can say; I leave my cause in your hands, my lord, and the honest jury. Court to Mr. Kirby. When was he brought here? - Yesterday; the turnkey told me that the man was committed for further examination. Q. When was he brought in? - About eleven o'clock yesterday. Q. To Prisoner. What countryman are you? - No way. Q. To Prosecutor. Did you perceive this man was falling; was it an accident? - No, he appeared perfectly upright, and in no danger of falling. I was pressed with the crowd in close with him. Q. Breaking your chain in this way, did he say any thing to you? - He never opened his lips at all; he did not deny any thing of the case. Q. Did he say any thing of this kind that he was falling? - No. Q. He says now he was falling? - And so he said at Bow-street. Prisoner. I was not fell. I was perfectly upright, but I was afraid of falling. I was pushed off from the curb-stone; I was fearful of the coach going over me, and I endeavoured to save myself. Court to Prosecutor. Were there any coach near him? - No, there was a rank of coaches standing perfectly still. Not GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 236. JANE WHEELER was indicted for feloniously stealing, on the 19th of February , a diaper table cloth, value 3s. the goods William King . WILLIAM KING sworn. I am a porter . Q. Did the prisoner ever steal a diaper table cloth belonging to you? - Yes. It was left in my box; I work for my master in Oxford-road , and sleep in his house. Q. Was this woman a servant in the house? - Yes, she was. Q. Where was the box? - In the front garret, and I slept in the back garret. Q. How do you know that the prisoner took it? - My master heard that she took it. Q. What sort of a servant was she? - She was very well till that time. Q. What servant was she? - A servant of all work. My master had a suspicion of her, and watched her out, and lee her pawn my table cloth. Q. Did you see this diaper table cloth afterwards? - Yes, my master told me of it afterwards, and I went down to the pawnbroker afterwards and see it; it was marked with my name, W, M and K. Q. What day was it missing? - The 19th of February. Mr. Knowlys. You have been a married man, I believe, and had lost your wife? - Yes. Q. Now, you being a man without a wife, and she a single woman, over the fire, in cold winter evenings, you were very good friends? - I had a great deal of trouble when I had my wife. Q. You were minded to try again; it is no great deal of value this table cloth? - Every body should know their own. Q. Every body should know their own, but you have been very good friends, and may be very good friends again. -SMITH sworn. I am a soap boiler and tallow-chandler. The prisoner and prosecutor lived with me. I had some suspicion of her dishonesty, and I followed her out. Q. Are you his master? - I was not at that time, but my father is since dead, and I have the business. I followed her round to the pawnbroker's; there is a glass door through which I see what she pawned. I could not positively say at that time what it was, it appeared to me to be a sheet or table cloth. I went the next morning to the pawnbroker and see the table cloth there. Q. Should you know it again if you was to see it? - Yes. Mr. Knowlys. You say you could not see whether it was a sheet or a table cloth, and whether it was the thing that she carried there that you saw afterwards; you don't know, but by what the pawnbroker told you? - No, I do not. JOHN BAKER sworn. I am a pawnbroker. I produce a table cloth, a diaper one, which I took in of the prisoner at the bar in the name of Jane Wheeler, on the 18th of February, at eight in the evening. Mr. King saw it the next day. Q. Mr. Smith has seen it also? - Yes, he came the next morning. Q. You have kept it till now? - Yes. Q. Look at the prisoner at the bar. - I have known her for some years. Mr. Knowlys. She came in her own name? - Yes; she had pawned some things before that, and redeemed them when she could. Q. Now what character doos she bear? - She is a widow woman. She pawned things with me and she always redeemed them. I know nothing against her. Prosecutor. It is my table cloth. Mr. Knowlys. I believe, if the prisoner would have carried the conversation a little further, you would not have done this. She has got two children you know? - And I have two myself. Q. Then there would have been two and two together. The prisoner called three witnesses who gave her a good character. Not GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 237. SAMUEL SILK was indicted for feloniously stealing, on the 2d of April , a glass wooden sash, value 4s. the goods of John May Evans . JOHN MAY EVANS sworn. I have a house in Finsbury-square, Moorfields ; it is nearly finished; the house is worth nearly two thousand pounds. On the 4th of April, information was received from Worship-street of a person stealing a sash. I could not attend then; but I attended the Saturday following, and I see the sash there. Q. Did you know it to be your sash? - Yes, from the number, and the form a it was marked No.7. Q. Who had it in Worship-street? - The watchman who took it, William Riddle. The frame was marked No. 7, and we took it, and it matched the sash and the sash lines. Prisoner. I would wish you to ask him, whether he did not hold a bond of four thousand pounds in possession from my brother, and he has done this on account of keeping me in custody, that I may not be able to prove that it is my brother's. Court to Prosecutor. Is that your house, or his brother's? - It is my house. I was unfortunate enough to lend his brother two thousand pounds on it, I have the bond. Q. Is it your house? - It is. Q. Then you take it upon you to say, that you have the bond? - I have. Q. Is it a complete house? - Yes, it is; I have it for sale; I have been bid one thousand eight hundred pounds on it. I have no action against his brother. Q. You have never let it? - No. WILLIAM RIDDLE sworn. I am a patrol of Finsbury-square; I am a labouring man by day. About half after eight in the evening, on the 4th of April, Mr. Bedford's servant came and called patrol! I immediately went and found the door open, the area gate, and likewife the kitchen window. I immediately went down to the kitchen, and on going down the kitchen stairs, I met the prisoner half way, with the sash under his left arm. I took hold of him; he begged for God's sake to let him go. I would not let him go; I told him, if he offered to stir, I would knock him down. Q. Is it a glazed wooden sash? - Yes; I have had it from that time to this. Q. Did you ever see what part of the house it belonged to? - I went along with the carpenter, and see it matched. Q. Where did it match to? - To No. 7, the second pair of stairs. Q. In whose house was it? - Mr. Evans's. (Produced.) Prosecutor. I know it by the No. 7; we always mark the sash before we send it to the glaziers, and here is the mark of No. 7 on it. Prisoner. Please your lordship, and gentlemen of the jury, I was at work just by Moorfields-square; it was then between seven and eight o'clock. I was at the corner of Sun-street, and went to get some cheese there. It is an open house, and I went there with a woman, and I stumbled against this sash; here is a letter which will satisfy your lordship about my brother's bond. Court. You had better not have it read, it will do you no good. Q. To Evans. When did you see this sash last in this place? - I did not particularly look at it, it might be a month ago. Q. Where were the sashes put in the house? - They were not only put into the house, they were hung. GUILTY . (Aged 40.) Fined one shilling . Tried by the second Middlesex Jury before Mr. RECORDER. 238. WILLIAM CHARLES and GEORGE WEBB were indicted for burglariously breaking and entering the dwelling house of Samuel Goodwin , about the hour of eight in the night, on the 16th of April , and burglariously stealing therein, a cotton gown, value 1s. two linen shirts, value 7s. two muslin handkerchiefs, value 1s. a stuff skirt, value 6d. a cotton and worsted counterpane, value 1s. a muslin apron, value 3d. a muslin cap, value 6d. a cotton apron, value 6d. and a pair of cotton stockings, value 6d. the goods of Samuel Staples . Mrs. STAPLES sworn. I am the wife of Samuel Staples ; I keep the lower part of a house in Oxford-road . Q. Who is the owner of the house? - Mr. Samuel Goodwin, who lives himself in the first floor. Last Thursday evening, about eight o'clock, this little boy was sent, by his mother, down stairs, to fetch some water from the area. While he was near the kitchen stairs, he saw a man go down into the dust-hole, which was a little cellar that we made a dusthole; he returned up stairs, and told his mother there was a man in the dust-hole. She did not believe it, and took a candle herself, and went down; but when she got nearly down, she see the glimpse of a man; on which she returned up, and gave the alarm to me, who was standing in the parlour, saying, Mrs. Staples, there is a man in the kitchen. I ran across the shop to the street door. Q. What shop is it? - Mr. Staples's, a surgeon and apothecary. I turned round, and met Webb in the passage, the biggest of the prisoners at the bar. I asked him where he had been? He said, below stairs, to a convenience. I told him, that would not satisfy me; I would go and see if I had lost any thing. On which there was a gentleman passing by the door; I asked him if he would be so good to come in a bit? He did; and I took a candle and went down the kitchen stairs; and when I got near the bottom, I see the other in the area, buttoning up his clothes. I returned back and said, here is another; on which he followed me up stairs, and made the like excuse, the same as the other. I then took the candle and went down stairs, and unlocked the kitchen door. The lock was the same as I left it, a little bit of wood had slipped off on the inside, but the pannels beneath had been very much shattered, so much so, that I could have pushed the lower pannels in with my hand; they were not broke so about five o'clock in the afternoon. Q. Were they broke out? - No, they were tried to be pushed in; they were not pushed intirely in, but so loosened, that I could have pushed them intirely in. Going into the kitchen, I went to the bed, and I missed the coverlid and cotton gown, and stuff skirt off the bed. Q. There is a cotton and worsted counterpane described in this indictment, is that what you mean? - Yes, it is. Then I turned round to the dresser, as you come in to the right hand, and there I missed the other things; they laid underneath the dresser altogether. Q. These were all your's and your husband's property? - Yes. I then went out of the kitchen, looked into the dusthole, and found nothing. I then went up to the window, and there I found a pane of glass taken out; it was cracked before. Q. About his crack in the pane of glass, do you think that that would enable them to get in? - I conceive that the least of these boys might get in; they could not reach the things else, either from the dresser or the bed. Q. Do you conceive that they got into your house by means of this pane of glass being broke? - I am sure they got in no other way. The window I fastened down with a nail. Q. When had you last seen this pane of glass? - About five o'clock the same afternoon. Q. Do you think they could both pass through that window? - I have my doubts whether the biggest could or not. Q. Does this window communicate with the area of the street? - With the area. I found a boy's working apron in the kitchen, which did not belong to me. The water tub was likewise emptied of its water, which an hour before was full, the water having just come in; and hanging about the tub and pipe, and in the tub I found all the things I missed. Q. How came the water emptied? - I don't know; there was no one belonging to me emptied it. Q. Whereabouts was this water tub? - Close by the window in the area. I then returned up stairs, and sent a young man that was in the shop for a constable. In the mean while Webb kneeled down, and begged for mercy; that I would forgive him; but having been robbed before, it rather made my heart hard, and I sent for a constable; on which the young man went to Marlborough-street office, and brought Mr. Brown, the constable; till he came I kept the street door shut, and then when he came I gave charge of them. Q. Is the water tub in the area? - Yes. Q. When you saw Webb in the passage, which way was Webb going? - Going out of the street door. We always keep the street door open, on account of the shop. Q. How do you conceive they got out of the area into the passage? - They came into the street door, and there is a passage that goes strait along to the kitchen stairs; the kitchen stairs are at the end of the passage, turning to the left, and when you go down stairs, there is a door on the left that goes into the kitchen, and the door facing goes into the area. The area door was open. Webb I found in the passage, going out of the house up stairs. Q. You say the things that were removed were all removed from the kitchen? - Yes; into the area. Q. Do you apprehend that the people put the things by the water tub out of the kitchen through that pane of glass, and then have gone back again to the area? - Yes, I do. Q. If I understand you right, from the situation of your kitchen, there was no other means by which they could have got into this kitchen? - None at all. Q. And by your account you don't think it possible for any person to have got into this kitchen but by this pane of glass? - I am sure they could not; I tried the window and that was fast down. Q. What might the time be when you found these lads? - A little after eight. Q. You had light candles, I suppose? - Yes, I was at tea in the parlour at the time. Q. Was it so dark you could not see a person's face? - Yes, it was. Q. What day do you state it to be? - Last Thursday. Q. You are perfectly sure that you had lighted candles, and you could not distinguish the features of a face? - I am perfectly sure of it. Q. When had you last seen these things there? - About five o'clock. Q. Do you know Mr. Goodwin's name is Samuel? - Yes; his wife told me so, and I had a receipt in his name for my rent. SAMUEL STAPLES sworn. Q. Are you the husband? - Yes. Q. Do you know whether Mr. Goodwin's name is Samuel Goodwin ? - Yes; I am satisfied that his name is Samuel Goodwin . I have a receipt in his name, and I have heard his wife and little boy say so. Q. To Mrs. Staples. Were these boys examined in the house? - No, they were not examined till they were taken to the watch-house. WILLIAM BROWN sworn. I am a constable of Mary-le-bone. Q. Were you sent for to take these boys into custody? - I was. Q. Did you examine them at the watch-house, how soon after? - The instant I got them in. Q. How soon might that be, a quarter of an hour? - Less than that. Q. Did you find any thing? - Nothing only a duplicate, a handkerchief, and key. Q. Nothing that relates to this lady? - Nothing at all. I examined the house, and found in what manner it was broke; when I knocked at the door, the door was shut, and these boys were both standing at the passage, and the lady asked me if I knew them? and I said, this is an old thief known every where; and I went down into the kitchen, and found about two inches and a half out on each side of the knob of the door, and each side of the pannel cut, but not forced quite through, so as a person could pass; the bottom pane of the window was entirely taken out, and there was not a bit so big as half a sixpence left in it. Q. Do you think the pane was big enough to let in either of these boys? - Yes, it was. I went into the kitchen along with this lady, and I asked her what she had missed? and she said they all lay here as they were taken out of the water tub; there was an apron spread, and she shewed me them things; I took them; I have got the things here. (Produced.) Q. To Prosecutrix, All these articles that are here produced, were removed from the place where you left them? - Yes, they were. Here is an apron made out of a gown of mine, that I know very well. Prisoner Webb. I was going of a message for my father, and I was taken ill, and seeing this an open house I went in, thinking there was a privy there, and did not see any privy there, and coming out of the passage this woman met me, and told me to stop. Prisoner Charles. I am a lad that works along with the plaisterers , and I was inquring for work, and I met with a man that gave me directions to this house for to get work, and I went down stairs and knocked at the kitchen door, and could get no answer, and was returning up again, and that gentlewoman met me, and she hallooed out. William Charles , GUILTY . Death .(Aged 16.) George Webb , GUILTY. Death.(Aged 17.) Tried by the second Middlesex Jury before Mr. RECORDER. 239. ROBERT CARR was indicted for feloniously stealing, on the 8th of April , a woollen cloth great coat, called a box coat, value 1s. the goods of William Green . WILLIAM GREEN sworn. I drive a hackney coach . Q. Did you lose a box great coat? - Yes, on Wednesday, the 3d of April, between two and three o'clock, I left my coach on the stand, in Cornhill ; I went to dinner, I returned again and found my coat was gone; I inquired of the waterman about my coat; he said he did not know who had it; I went a little further up Cornhill, and I see a man going up Cornhill with the coat on his arm, and he said he was going to see if any body owned the coat; he was coming towards the coach; I spoke to him, and he said, is there anybody that owns this coat? and I said it was mine. Q. Then he said that before you spoke to him? - Yes, he did. He said, he had seen a man go up St. Michael's-alley, and he followed him up into Gracechurch-street, and there he stopped him, and took him to the Poultry Compter. Q. Do you produce the coat? - Yes. Q. Have you kept the coat ever since? - Yes. Prisoner. That men never see me; he cannt say I took the coat. LYON BANKROW sworn. I am a hatter. On the 8th of April, I was with my brother; I see the prisoner in Cornhill with a coat on his arm, Parrott was rather before me; I called to Parrott and said, I thought this man has got a coat that is not his own. Accordingly I followed him to St. Michael's-alley; I told Mr. Parrott that he had not got that coat honestly, he looked round so often; I and Parrott followed him into Gracechurch-street, and he went as far as the Spread Eagle Inn; he turned round and see me after him, and he dropped the coat, and ran away, and I picked it up. Q. Who did you give the coat to after? - I kept it in my arm, and gave it at my Lord Mayor's Court. Q. I thought you carried it to Green? - Yes, to Cornhill, I carried it to Green. Q. You gave it to Green? - I did not give it to Green, I shewed it to him. Q. To Green. Will you swear that you have kept that coat from that time to this? - From the day after. Q. I understand you to say that the man delivered you the coat in the street? - No, he did not deliver it to me in the street; it was delivered to me at the Mansion House, before the Lord Mayor. Q. To Bankrow. Should you know the coat again? - I put my mark to it; there is my mark to it; I know it to be the coat. Q. What became of the man? - I never lost sight of him till he dropped the coat, and then I lost sight of him. Q. How long was it before you see him again? - About a minute and a half. Q. Where did you see him? - Mr. Parrott, and I brought him to the Sprcad Eagle Inn. Q. Was he in custody when you see him again? - Yes, he was. Mr. Parrott and others had him in custody when I see him. Prisoner. I never saw the coat no further than picking it up. ISAAC BANKROW sworn. Q. Did you see this man in Cornhill? - Yes; I, and Mr. Parrott, and my brother pursued him to Gracechurch-street. Q. Did you see him throw down the coat? - Yes. Q. Did you pursue him? - Yes. Q. Did you lose sight of him? - No, I did not. Q. Where did you stop him? - In Leadenhall-market; he ran through the Spread Eagle Inn. THOMAS PARROTT sworn. Q. Were you with the other two witnesses? - Yes. Q. Did you see the prisoner throw the coat down? - I cannot say I did. Q. Did you pursue him? - I did. Q. Were he all the time in your sight? - I cannot say he was for half a minute. I pursued him, and I called out stop thief! and the butchers stopped him; I was present when he was stopped. Before I gave the coachman his coat, I asked him if there were any marks that he knew his coat by? he told me there was a hole in the pocket, and so there was. Prisoner. As I was going through Cornhill, there were some gentlemen said, there lays a coachman's coat. Q. Where was it laying? - At the corner of the court, near St. Michael's-alley. I took it on my shoulder, and I see somebody running, and I run, and they ran after me, and I thought they would think I had stole the coat, and I threw it down, and they ran after me, and hallooed out stop thief! GUILTY . (Aged 35.) Transported for seven years . Tried by the London Jury before Mr. RECORDER. 240. VALENTINE WOOD was indicted for feloniously stealing, on the 15th of March , two pewter pint pots, value 1s. 6d. the goods of Samuel Phipps . SAMUEL PHIPPS sworn. I keep the Coach and Horses public house, in Westminster . Q. Were you robbed of any pots at any time? - Yes, two pint pots; the prisoner came to my house on Sunday morning, in company with one Campbell, he had two pint pots of beer, and I missed the two pint pots after them; I got a police officer, and went to the prisoner's house. Q. What day did you go? - I went the same evening. Q. Where is his house? - King's Head-court, Norton Falgate. Q. What time of the day was it? - Near half an hour after seven o'clock, on Sunday evening. Q. What passed when you came there? - I knocked three times, the officer was with me; I asked the woman if her husband was not a glover? she said, yes; I told her I had a job for him to do. I went up stairs; I see the woman push the pan under the bed, I told the officer of it, and he cropt under the bed, there were two pint pots in it, there were nothing left to know them by, but my initials; the one was quite melted, the other is in three parts, there was nothing left but the handle with the initials of my name. Q. Did you find any more about the house? - No. Q. Had you missed any pots at this time? - I missed some almost every week. Q. Have you ever sold any pots with your name on them? - I have not for these three or five years, I believe. Q. Who took the pewter? - The officer, he has had the pewter in his possession ever since. Q. The prisoner frequented your house before? - No, I never see him before that time. RICHARD FERRIS sworn. I am an officer; I know nothing of the business till I went to the house; I found a frying pan just taken off the fire, and put under the bed, and this here metal was in it, that is all I know. Q. How many pots were there in the frying pan? - I look upon it to be two, I believe they were pint pots by the handle. (Produced.) I asked him if he had any thing belonging to Mr. Phipps? he said he had not, I might go up stairs and see. Jury. Did you weigh the pewter? - I did, it is almost two pounds. Q. To Prosecutor. Is it a pint pot, that with the name? - Yes, it is, there are three letters on the handle, S.S.P. for Samuel and Susanna Phipps. Prisoner. On Sunday morning I went with Mr. Campbell, to the house of Mr. Phipps, we had two pints of beer, I was very much in liquor, and I had two pint pots put into my pocket, I went home, it was unknown to me that they were in my pocket, and I kept them in my pocket till that hour, which was about nine o'clock; not knowing I had the pots in my pocket, and I took them out, and because my wife should not know any thing of the bu siness, as she was sick, I melted them down, not with an intent to hurt the prosecutor, it is not my inclination; I never did so before. GUILTY . (Aged 27.) Transported for seven years . Tried by the London Jury before Mr. RECORDER. 241. BRIDGET JOYCE was indicted for that she, ten pieces of false and counterfeit milled money, made to the likeness of a good shilling, and twenty-four pieces made to the likeness of a good sixpence, the same not being cut into pieces, unlawfully and feloniously did put off to Stephen Gillman , at a lower rate and value than they purported to be counterfeited for, that is to say, for half a guinea .(The case opened by Mr. Cullen.) STEPHEN GILLMAN sworn. Q. You are a labourer , I believe? - Yes. Q. In consequence of an information did you go, and with whom, to the house of the prisoner at the bar? - I did, the last day of December last. Q. Did any body go with you? - Yes, Mr. Cave and John Butts , I went to Cock-court, Snow-hill, No.1 ; and there I had a token to tell her that I came from one John Hurley . Q. What past when you came in? - I asked her if she had any? she told me only that she had plenty, and she asked me how many I would have? and I told her I did not care, I would have half and half. Q. What do you mean by half and half? - That is half sixpences and half shillings, she gave me ten shillings of shillings, and twenty two sixpences, and I gave her half a guinea, and she put the half guinea into her right hand pocket. Q. Was it in gold? - It was; then she and I came out, and we went to the next public house, and we had a glass, she told me to take care of the money. Q. Who did you deliver that money to? - I did not deliver the money to any body, I have it here. Q. Did you tell her the money was for any body? - Yes, I told her the money was for one Daniel Hutley , he had had half a guinea's worth of her before, she said, yes, it is all right, and you take care of it. (The money produced.) Jury. Have you had the money ever since? - I have. Mr. Cullen. Are all these counterfeit? - I believe so, I don't know. Q. You got all these for half a guinea? - I did. Q. Did you look at the half guinea before you gave it her? - I did. Q. Was there any mark on it? - There was. Q. Should you know the half guinea again? - I should if I was to see it. Q. Was she searched? - Yes, she was; I told Tom Cave to search her. Q. What was found on her? - Six guineas, in a box. (The half guinea shewn him.) Q. Now is that the same half guinea you gave her? - It is the same. Mr. Knapp. How long has this poor woman been in custody? - I don't understand that. Q. How long has she been in gaol? - Ever since the new year. Q. By way of a new year's gift, you treated her with a gaol. You have found two indictments, one for a felony, and one for a misdemeanor. What are you? - A labourer. Q. This is a pretty good job for you? - I cannot say that it is. Q. Do not you expect to be paid, on your oath, for giving this evidence? - Upon my oath I cannot say. I expect to be paid for my time. Q. You knew this woman before? - Never till this day. Q. How came you to go with this false story, that it was for Mr. Daniel Hurley? - I went on purpose to have her taken up. I was told by him to say so. Q. Why he was taken up? - He was; he is not here. Q. No, he is behind the curtain. This is the prosecution of the Mint, is it not? - I don't know. Q. Upon your oath did she offer you any money till you told her you came from Daniel Hurley ? - She did not to be sure. Q. Why she would not have done it if it had not been for you? - If she had not by me she would by another. Q. Who told you first of all to give her this half guinea, and to cheat this woman to commit a felony? - Hurley sent me. Q. Had not you some conversation with these officers that you went with? - I was taken by the officers. Q. Why were you taken by the officers? - Perhaps I was, I am not obliged to tell you. Q. Were not you at Union Hall upon trial? - Upon my oath I was not but once, and the man never had a warrant against me. Q. Was not that for a little smashing? Upon your oath what was the charge? - Why for nothing. Q. They had the goodness to take you before the magistrate for nothing? - I was not taken there. Q. Then after you had been cheating her, you gave her a glass? - I did not cheat her, she cheated me. Q. Then she cheated you with your own consent. JOHN BUTTS sworn. I am an officer at Union Hall, I went to Gillman, and got him to go to the prisoner's house, and get the money. Q. Did you take Gillman with you for the very purpose? - Yes, I did. We went to Cock-court, Snow-hill, and we waited in a coach at a little distance, while Gillman went and purchased the money, that was the first time when he came out, he told us that this Bridget Joyce was not at home; then we went in the evening. Mr. Knapp. That is not evidence. - We went in the evening and took Mrs. Joyce, that is all I know about it, and taking the box out of her pocket. Mr. Cullen. Were you present? - I was. Q. You went for the very purpose? - I did certainly. Q. You know this was a felony to put off this money? - I do. Q. Is that the money you took? - I think it is. Mr. Knapp. People are to be tried by oaths, and not by thinking. This was a notable scheme of your's, to set Mr. Gillman on to commit a felony? - We had information about a fortnight before that. Q. You went, for the purpose of catching this woman, in a coach like a gentleman? - Yes, we cannot take them away without a coach. Q. Did you ever see Mr. Gillman at Union Hall? - No, I did not. Gillman gave the information. Q. Do you know of any connection between Mr. Gillman and Mr. Hurley? - I have heard something of it. Q. Did you ever know any connection? - No. Mr. Cullen. What you did was done by the direction of the magistrate? - It was. Q. Look at that money, is it good or bad? - It is bad. Mr. Knapp. Have you been in the Mint, or are you a silversmith? - No. The money is bad, any body can see it as well as myself. Court. Do you know any thing of this Hurley at all? - I know he was brought to our office. Q. Then there is such a man? - Yes. THOMAS CAVE sworn. I am an officer of Union Hall. Q. Did you go on the 31st of December last, to the prisoner's house, in Cock-court, Snow-hill? - I did. Q. I understand you went twice, speak only of the last time? - On the evening I went with Gillman I see him go into the house, and they both came out of the house together, the prisoner and Gillman and shaked hands, and bid one another good night. Q. What house? - The public house. Gillman told me then he had bought the money. I immediately followed Joyce; when she got into the house, I searched her, and took the money, Gillman said the half guinea was in the box. Q. Do you know the half guinea? - I do, by a mark. Q. Who made that mark? - I did. Q. Did you find any bad money about her? - No, I did not. Q. Did you search the house? - Yes, we found no bad silver in the house. Mr. Knapp. So Joyce and Gillman shaked hands this evening? - Yes, when they came out of the public house. Q. The witness Gillman told us that he did not know the woman; did he appear to know her? - I see him shake hands, and wish her a good night. Q. You had information at Union Hall, of some things against the prisoner at the bar; did you mark the half guinea at Union Hall? - No, we marked it in a public house. Q. You marked it on purpose to draw the woman in? - We might. Q. Was there any bad money in the house? - No; we found some good silver, about eight or nine shillings, and some gold on her. Q. If you had not have gone there, this transaction would not have taken place. Prisoner. My husband went on board a ship, a man of war, three years ago, I work very hard for my living, nobody can give me a bad character of any such thing, I have been four months in custody for that wicked man. Not GUILTY . Tried by the London Jury before Mr. RECORDER.

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TAKEN IN SHORT-HAND BY MARSOM & RAMSEY. AND Published by Authority. LONDON: Printed and published by W. WILSON, No.15, St. Peter's-Hill, Little Knight-Rider-Street, Doctors' Commons. 1796 THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY OF LONDON, &C. BEFORE WILLIAM CURTIS , Esq. LORD MAYOR of the CITY of LONDON; the Right Honourable Sir HENRY ASHURST , Knight, one of the Justices of His Majesty's Court of King's Bench; Sir GILES ROOKE , Knight, one of the Justices of His Majesty's Court of Common Pleas; and Sir SOULDEN LAWRENCE, Knight, one of the Justices of His Majesty's Court of King's Bench; Sir JOHN WILLIAM ROSE , Serjeant at Law, Recorder of the said City; JOHN SILVESTER, Esq. Common-Serjeant at Law of the said City; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX. First Middlesex Jury. Thomas Price Joseph Dale William Duncomb Joseph Naylor William Thomas Edward Grace John Goodfellow William Hopwood Francis Denyer Charles Pinsent Thomas White John Humphries Second Middlesex Jury. John Harper Henry Harris James Potts Thomas Keys Percy Sadler John Pinsent Edward Langley John Maire John Anderson Thomas Alsop James Butters Thomas Broadhead First London Jury. William Holmes Richard Martin Bird Henry Ginger Thomas Williams George Gibson Henry Rugg William Russell James Paine John Kneller Charles Richard Prickett William Simons * William Hales *Mr. Hales being challenged, John Simpson and Samuel Underill served part of the time. Second London Jury. Richard May Alexander Hatt Richard Speare Benjamin Slowcock John Lambert John Lyon Thomas Barnard Cotton John Simpson John Bawtree Adam Blackwell William Lodeman William Abdy 156. ROBERT PAMBY was indicted for feloniously stealing on the 19th of January , a hempen bag, value 1s. and a hundred weight of bread called biscuits, value 30s. the property of Thomas Davidson , THOMAS DAVIDSON sworn. On the 19th of January, I was sitting in the counting-house, and heard a great noise; I went out to see what it was, and it was my people pursuing this man with a bag of bread, my foreman saw him take it; his name is George Milbourne. GEORGE MILBOURNE sworn. I am foreman to Mr. Davidson; I live at Lower Shadwell; I saw the prisoner take a bag of bread from Mr. Davidson's warehouse, there was one hundred weight of it, it is worth 30s. I went after him, and stopped him with it; one John Brydges went with me; the prisoner had it on his shoulder; we delivered him up to Mr. Forrester, the constable. Jury. Q. What time was this? - A. About eleven O'clock in the morning, as high as could be. FORRESTER sworn. I was sent for to take the prisoner into custody; I have had the property ever since. (produces it). Davidson. This is mine, it is marked with my initials. Prisoner's defence. I was going by Mr. Davidson's in the morning, and they called me, and asked me if I wanted work, I said, yes; when I went in, they had plenty of men, and did not want me; I stood a little while, and there came in a waterman, and asked for a bag of biscuits; I asked him if he wanted any body to carry them for him; he said, yes, he would give me threepence; and just as I had got them up, they came after me, and took me. Court. Q. Who was it that delivered the bag to the waterman? Prisoner. That man, Milbourne. Milbourne. There was nobody at all came in for a bag of biscuits. JOHN BRYDGES sworn. Q. Did you see the prisoner in your master's shop, on the 19th of January? - A. Yes; I saw him take the biscuits, and I ran out after him. Q. Did any body come in for any biscuits that you saw? - A. No. Q. Are there any other servants in your house? - A. No. GUILTY . (Aged 23.) Fined 1s. and discharged . Tried by the first Middlesex Jury, before Mr. Justice ROOKE. Mr. Davidson. My Lord. I have reason to suppose the prisoner took this bread through necessity, he has a wife and family in extreme distress. Court. Q. You have behaved very humanely, Sir. - Do you know what line of life he has been in? - A. No.(The prisoner said he had been in the army). 157. THOMAS THOMPSON was indicted for feloniously stealing, on the 16th of February , an eight-day table clock, value 61. the property of George Downing , Esq . in his dwelling-house .(The case was opened by Mr. Raine). SARAH BARNES sworn. I live servant with Mr. Downing, in Hatton-Garden : On Monday last, the prisoner came to our house; Mr. Downing was at his chambers, and Mrs. Downing was out too, it was between twelve and one o'clock. Look round, and see if you should know the man. - A. Yes; that is him, (printing to the prisoner); he knocked at the door, and I asked him from the area what he wanted; he said he wanted out clock; I said, our clock? he said, yes, your clock; I then spoke to my fellow-servant:, and desired him to go to him, and ask him what was to be done to it, for the clock went very well. Q. You did not go to the door? - A. No. GEORGE SMITH sworn. I am footman to Mr. Downing: On Monday last I went to the door, at the desire of the last witness; the prisoner was at the door. Q. At what time was it? - A. About ten minutes past twelve o'clock; I asked him what the clock, was to be done to, he said, it was to be cleaned. Jury. Q. He did not ask you for the clock? - A. No; he then asked for the winder of the clock; and when I had got half way down stairs, he said, it did not signify; I told him I would fetch it; he took the clock off the Stand, put it down in the hall, and asked for a cloth to dust it; I looked into the parlour and could not find one, he said it did not signify; there was a ring at the door at the same time; as I went to answer the door, he went out with the clock; a person was coming by and asked where the Public-office was, he said, higher up towards Holborn, when it was only next door but one, and I called the person back and directed him. JOHN EDWARDS sworn. I am a pawnbroker, in Portpool-lane: On Monday last, between twelve and one O'clock, the prisoner at the bar came to my shop, with a clock, and asked me to lend him five guineas upon it; it was an eight-day table clock; he then laid down the duplicate of a coat, which I had in pledge for 8s. 6d. and desired to redeem that; I interrogated him whose clock it was; he said, it was his own; that that was his name on the dial plate, Mr. Johnson; I knew Mr. Johnson's house very well, and knew that he was a very respectable man; I asked him where he lived; he said, No. 22, Great Warner-street; I asked him if he kept a house; he said, no, he was in lodgings; I asked him if he was a single man; he said, he was a married man, but had no family; I told him I knew Mr. Johnson very well, and supposed he could have no objection to my sending for Mr. Johnson, and asking him if he had sold the clock at any time. The coat was pledged in the name of Johnson, he said it was his own; I asked him what he gave for it, he made me rather an evasive answer, and said, The clock was worth 201. I called my lad on one side, and desired him to go to the Police-office in Hatton-garden, and bring an officer. I asked him some more questions; he said, he had the clock to clean of Mr. Macklin, No. 22, Berkley-street; he said, he had sold it to Mr. Macklin, and bought it again of him second-hand, this was during the boys absence; however, I judged that the prisoner conjectured where I had sent the lad, and he immediately went out of my shop; I had the clock; I then opened a private door, pursued him and took him; I brought him back to the shop where he remained, till the officer came, who conveyed him to the office; when he was at the Magistrates, he confessed that he had it from Mr. Downing's servant, and endeavoured to prejudice Mr. Downing's servant, by saying, he had been drinking with him, and that he had given him orders to come for it.(The clerk produced in Court). GEORGE DOWNING ESQ . sworn. This clock is my property; I did not miss it till I saw it at the public-office; I saw it on the Monday morning when I came down stairs to breakfast. Q. Had you given any one directions to take it away, for the purpose of cleaning? - A. No. Q.Did you ever see him before? - A. I think he was a person that had been at work in my house, but I am not certain; I asked him the question, and he denied it. Q.What was the value of the clock? - A. I gave nine guineas for it; I thought I had seen him before; I sent to the principal workman that I had, and they told me it was not. Court. Q. Did you ever give the prisoner any directions to take it down to clean it? - A. Certainly not. Q. What particular species of clock is it? - A. An eight-day table-clock. (To Edwards). Look at that clock. - A. It has never been out of my possession since he brought it to my house. Q.(To Smith). Is that the clock you delivered to the prisoner? - A. That is the clock. Prisoner's defence. I was taking a pint of porter in Hatton-garden, there was a servant-man there; I told him I was not capital at new work, I used in the country to clean old work; I thought it was Mr. Downing's servant; and he told me of a place where a clock was to be cleaned; I went to the house, and I did not see the man; I thought Mr. Downing had two servants, and I asked for the clock to clean, the young man gave it to me immediately; I meant to have brought the clock back, but I was distressed at the time.(The Prosecutor recommended him to his Majesty's mercy). GUILTY . Death . (Aged 19.) Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE. 158. JAMES RIGGS was indicted for feloniously stealing, on the 9th of February , a china box, value 6d. a half-guinea, and 1s. the goods and monies of John Dummert , privily, from the person of Maria his wife . MARIA DUMMERT sworn. I am the wife of John Daniel Dummert . Q. Is your husband known by the name of John Dummert , or John Daniel Dummert? - A. He is commonly known by the name of Daniel. Q. In common conversation, would a friend call him John or Daniel? - A. Daniel. Then the prisoner must be acquitted; and you must go, with your witnesses, to the Grand Jury again. NOT GUILTY . Tried by the first Middlesex Jury, before Mr. Justice ASHHURST. 159. SAMUEL HANNAT was indicted for feloniously stealing, on the 29th of January , two pair of women's leather shoes, value 7s. the property of John Sluter . JOHN SLUTER sworn. I am a shoe-maker : On the 26th of January, I had my shop-window broke open, at No. 163, Whitecross street , between five and six in the evening; they got the shoes out of the window, and got clear off; but, on the 29th, I was out, and saw two men pass the window, it struck me they were bad chaps; it was between seven and eight o'clock; I watched them; they went, I suppose, half a dozen doors up the street, and some more joined them; they came backwards and forwards two or three times; I went and got a stick, and stood facing my own shop-window; I had not been there a quarter of a minute before they came to the window, the same window that had been cut out before; the prisoner was the foremost of them; two stood round him, and another stood under a gateway watching, but he did not see me; there was a piece of leather before the hole in the window, they pushed that away, and pulled out two pair of shoes, I saw him take them out; he immediately ran away; I struck at him, and he threw them down between my legs, and they all ran away. A young man, of the name of Lumley, pursued him, and took him, he was brought back directly; he was the least among them. I did not see his face till he was brought back; I watched him more particular than the rest, because he had a black coat on; I saw him before I went into the house for a stick; he stood right facing a doctor's shop, that I could very well perceive him, where there were three lights in the shop-window. WILLIAM LUMLEY sworn. On the 29th of January, between seven and eight, I was coming up Whitecross-street, I saw a scuffle with three or four people; I live about two hundred yards from the prosecutor; I saw a man making a blow at somebody with a stick; I could not see who it was that struck at him, but I saw the prisoner, he was dressed in black, he ran against me, and had like to have shoved me off the pavement; the prosecutor cried out, "stop thief;" he was not more than ten or twelve yards from the window when I took him. Q. Did he say any thing when he was taken? - A. Not a word, neither prainor con. Prisoner's defence. I was coming down Whitecross-street, and a gentleman caught hold of me; I am not guilty of the fault that is laid to me. GUILTY . (Aged 17.) Transported for seven years . Tried by the first Middlesex Jury, before Mr. Justice ROOKE. Court. Q. What are you? - A. I work with my father: he is a jeweller , in Maidenhead-court, Aldersgate-street. 160. MARY HARDING , otherwise CONWAY , was indicted for feloniously stealing, on the 15th of January , a cotton gown, value 10s. a duffield cloak, value 15s. and a cotton shawl, value 4s. the property of James Caffray . MARY CAFFRAY sworn. I am the wife of James Caffray; my husband has been abroad three months, on board the Fly, for the Coast of Guinea: On the 15th of last month, I lost the things mentioned in the indictment; the prisoner lived in the room under me, and the knew where the tickets were; that is all I know of it. THOMAS WHITEBY sworn. I am a pawnbroker; I had the duplicates from the prisoner: On the 15th of January, she brought this duplicate, (producing it), to redeem the dnffield cloak, a gown, and a shawl; the took away the gown, and left the cloak and shawl behind, for 8s. 4d.; in half an hour the came and setched them out; that is all I know. JAMES SMITH sworn. (Produces a cloak, cotton gown, and shawl). I had these things from the prisoner; the came, on the 15th of January, in the evening, and pledged them for 18s. Mrs. Caffray. This is my gown; there is a hole in the back part of it, I tore it with a nail; I had tore the hood of the cloak, and mended it with a bit of thread; before I pawned it, the cloak cost me 16s. and I only wore it two or three times. Prisoner's defence. On the 15th of January, this woman lived in the room over me; the came down in the morning, and asked me to hold the child while the went to receive her monthly money from her husband; when the came back, she was very much intoxicated, there were several people along with her. I work at washing for my living; I found the duplicates; I took them out on the Wednesday morning; the dined with me that day. I pawned them again for the same value. Court. Q. How came you to pawn the things that did not belong to you? - A. I picked them up accidentally. GUILTY . (Aged 19). Fined 1s. and imprisoned for six months . Tried by the first Middlesex Jury, before Mr. Justice ASHHURST. 161. JOHN WILLIAMS and CHARLES HOPPE were indicted for burglariously breaking and entering the dwelling-house of John James , on the 28th of January , about the hour of nine in the night, and stealing, two black coats, value 4l. two cotton waistcoats, value 12s. a pair of corderoy breeches, value 20s. a pair of buckskin breaches, value 21s. a pair of shag breeches, value 5s. two pair of velveret breeches, value 24s. three shirts, value 10s. six cotton gowns, value 4l. three mersella petticoats, value 12s. one silk petticoat, value 9s. a flannel petticoat, value 3s. two table-cloths, value 8s. two shawls, value 8s. a pair of dimity pockets, value 2s. a cotton window curtain, value 5s. four silk hat-bands, value 5s. a time-piece, value 30s. a silk cloak, value 50s. and three linen sheets, value 9s. the property of the said John James , in his dwelling-house .(The witnesses were examined apart at the request of the prisoners). JOHN JAMES sworn. I keep the Barley-mow in New Gravel-lane, St. Paul's, Shadwell : On the 28th of January, the same day the pirates were hanged at Execution Dock, between nine and ten o'clock in the evening; we were all up; my wife had been ill a long time; we could not sleep in our own room; we had a bed in the parlour; my wife was sitting there with another woman; I was in the tap-room about my business; my wife came out, and said, three is somebody up in my room; I said, you foolish woman, how can that be, when the door is double locked; my wife and Mr. Seally went up stairs, and I followed them to the door at the foot of the stairs, and cried out murder; and I shut up my house, and bolted every door, that nobody should go in or out; I put my back against the door; my wife and Mr. Seally came tumbling down stairs, and the two prisoners at the bar; I had my back against the door; one man jumped out at the window and escaped; my wife's legs were under her upon the stairs; I kept my back against the door, till I opened it; Hoppe was the first I met with; I took him by the hair of his head, and smacked him down in the passage, and, cried out, "help;" a neighbour of mine, Mr. Leonard, was in the tap-room eating his supper off a herring; I put Hoppe in a box in the tap-room, along with Mr. Leonard, while I went after the other; he went into a long back room, but it was all fast; he could not get out, Mr. Davis went into the room after him, and he called to me; I went to him, and I caught hold of William, by his hair, the same as I did the other; that was in my long room; he told me, if I did not let him go, he would blow my brains out; a pistol dropped from him, under Mr. Sealy's feet; Mr. Sealy picket it up; it was loaded with ball; then I searched his pocket; he was resolute; then I put my knee on his breast, to keep him down; and I took a little japanned box, with a bottle of phosehorus and matches, out of his pocket, and a small chssed, and a knife with a look to it, such as they pick horses feet with; before the officer came, I secured him with a card; the cord was brought; down stairs to me, to tie his legs with; and I tied his hands with a handkerchief that was about his neck; as to Hoppe he behaved exceeding well. Cross-examined by Mr. Knowlys. Q. Hoppe behaved exceeding well? - A. Yes; civilly, and no fire arms. Q. How many persons were in the tap-room when you first heard the alarm? - A. There were only two women and two lodgers in the tap-room. Q. Do you mean to say that Williams was not in the tap-room when you first heard the alarm? - A. I will swear that neither of them were. Q. Did you not say so before the Magistrate - A. No. Q. You are sure of that? - A. Yes; I never saw Williams in my life till I took him and tied him, to the best of my knowledge; I know Hoppe's father very well; he is a good honest man. Court. Q. Neither of them were in your taproom? - A. Neither of them, upon my oath, to the best of my knowledge, since I have kept the house. SARAH JAMES sworn. I am the wife of the last witness: I was fitting in the parlour, in the evening, between nine and ten o'clock; I heard a noise over my head; I took a candle and came out into the tap-room; I asked Mr. Seally to go up stairs with me; I heard a noise in my room; and he went up with me; when I got up, I saw the door open and a light in the room; I had been in the room that day before; I left it double locked, and took the key away with me in my pocket; I saw young Hoppe, in the middle of the room, packing up my things; Williams was at the drawers; and then Mr. Seally pushed before me; young Hoppe pushed Williams from the drawers; and Williams snapped a pistol at Mr. Seally and me; we were both together; they put out their light and the light that I had, and trumbled us down stairs. Q. Who knocked the light out? - A. One of the men, but I cannot say which. Q. Did they push Seally down stairs? - A. Yes. Q. Were there any more men in the room besides the two prisoners? - A. Yes; one more, who made his escape out at the window. Q. Did you see three in the room? - A. I did; I screamed out for assistance; Mr. James ordered the doors to be shut, that nobody should go in or out, till the prisoners were secured; Mr. James and Mr. Seally secured Hoppe first, and then the other; I went up stairs directly after, before they were taken away, and I found all my things packed up in a petticoat, the same as they are now, (producing them); they had been left in the drawers and boxes; the time-piece was upon the mantle piece. Jury. Q. Were the drawers locked? - A. No. Court. Q. Were these things your own and your husband's? - A. Yes. Court. Q. Do you know how these people had got in? - A. They had come in at the passage door, and went up stairs. Q. Did you examine the door of your room? - A. Yes; it had been unlocked by picklock keys. Q. At what time in the evening had you been in the room? - A. In the afternoon, before it was dark; it was in the course of the afternoon; I cannot say at what time; it might be between four and five o'clock. Cross-examined by Mr. Knowlys. Q. It might be an hour or two before you light candles, that you were up stairs? - A. It might. Q. The window was not fastened when you went up stairs? - A. Yes, it was; it had not been open all day. Q. Then it must be dark in the room? - A. No; there is a hole in the shutter. Q. It would take some time, you know, to pack up these things; how long these persons had been there, it was impossible for you to tell? - A. I cannot say. Q. Did you always say that Williams was up stairs? - A. Yes. Q. Did not you say, before the Magistrate, that you could not tell whether he was or not? - A. No; I never did. Q. A great many of these are old things? - A. Very few; they are most of them new. Q. Hoppe behaved remarkably well? - A. He did not behave with violence. Q. He is a lad of respectable parents? - A. I don't know. Court. Q. How long was it dark before you heard these people? - A. It was between nine and ten o'clock. Q. Upon the 28th of January? - A. Yes. Q. Had it been dark two hours? - A. Yes. Q. Can you put any value upon these things? - A. Yes; they are worth 20l. Q.But putting a moderate value upon them? - A. I think that is under-valuing them, they were almost all new. JOHN SEALLY sworn. (Produces a pistol, a bottle of phosphorus, with matches, a chiffel, and a knife). I went up stairs with Mrs. James, and found three people in the room; they were emptying the drawers; one was handing the things to the other, to put into a petticoat, upon the floor; I attempted to pull the door to, to keep them in, and Hoppe immediately pushed the door from me, and made a rush at me; Williams put a pistol over Hoppe's shoulder and strapped it at me, it stashed in the pan; he held it about as near to me as my finger is to my forehead, (about half a yard), it blazed up as a pistol or a gun does when it goes off; they rushed down stairs, thinking to push me down the stairs; I could not see much of the one that made his escape; but these two scuffled with me, and we fell down stairs, the woman and all together, eleven or twelve stairs, without touching them with our feet; Hoppe was under me, and Williams upon me; I called out for the door to be opened, and got hold of Hoppe's coat, and delivered him to Mr. James, and with his assistance we took him to another man in the taproom, and gave him charge of him; Mr. Davis called out, in the long-room, and said, here is another; I went to his assistance; and Mr. James and Mr. Davis had got him down upon his back, on the floor; Mr. Davis then said, Mr. Seally take care, he has a pistol somewhere; I turned round, and picked up this pistol from the side of his pocket. Q. Have you had it ever since? - A. No; I delivered it to Mr. Cook, the officer; he is not here; I went to him yesterday to setch it; I had marked it, so that I know it is the same; this phosphorus bottle was found in Williams's pocket, with matches in it, and a chissel, and this is Williams's knife, that was taken from his pocket; these two keys were found, the next morning, under a pot that they keep the liquor in to scower the pots with; I tied Williams, and confined him. Mr. Knapp. Q. All these things were found upon Williams? - A. Yes. Q. None upon Hoppe? - A. No, not a single thing. GEORGE LEONARD sworn. I was at Mr. James's on the 28th of January, at night, I was getting my supper, and had a put of beer with the lodgers; Mrs. James said, she heard a noise over head, and asked Mr. Seally to go up stairs with her; they went up, I sat and eat my supper, till I saw Hoppe at the stair-foot door upon the ground; I took him, and held him till the officer came; I picked up a black silk cloak under the place where he was sitting, (it is produced). Mrs. James. I know this is the cloak, because I sewed it with a piece of threat at the back part. Q.(To Mrs. James.) Is that your cloak? - A. Yes; It was in the drawers. EDWARD ROGERS sworn. On the 28th of last month, there came two women to the door, where we resort, opposite to the office, at Shadwell, and cried out, that there were some men had entered the house of the Barley-mow, and desired we would go with them; accordingly, Mr. Cooke, and Mr. Hayees, and I went there; we rapped at the door, and it was opened; the tallest man of these two, I believe his name is Williams, was lying on his back in the passage, the other man was in the tap-room; there were a great many people in the tap-room, men and women; seeing this man secured, I made towards the man in the tap-room; I took him into custody, my brother officer brought this man out of the passage, where he had been lying, and we tied them together, and brought them to the office. WILLIAM DAVIS sworn. On the 28th of January, I went down to order some beer at the Barley-mow; I was talking with the landlord and Mr. Seally; the landlady came out of the back parlour, and said to Mr. Scally, I wish you would go up stairs with me, for I think I hear somebody in my room, they went up stairs, and I went to the back door; before we got there, we heard the cry of murder, thieves, stop them, we then went back to the stairs-foot door; Mr. James cried out, shut the door, the door was shut; as soon as the door was shut, Hoppe, the little short one, was let out from the stairs; there was such a noise, we thought there were a great many more than there were; while we were securing him, Williams slipped down stairs, and got into the back room, which is a long room; I said to Mr. James, when conducting the other into the tap-room, there is one gone into the backroom, and he was standing against a back door that leads into a bye street, and he said there is nobody here; Mr. James caught hold of him by the hair, and he said, if he did not let him go, he would fire; and in the scuffle, at the further end of the passage, a pistol dropped from his pocket; I told him to see, for there was a pistol, it was snapped then in the passage, and I saw the fire; I cannot say who it was did it, but Mr. Seally has told me since, it was he that snapped it himself; we searched his pocket, and found a phosphorus-box, and chiffel, knife, with a hook to it, and then we tied his hands and his legs; that is all I know. Williams's defence. My Lord, I refer my defence to my Connsel. Hoppe's defence. It is the first offence, and I hope for mercy; as for the prisoner Williams, he knows nothing of the robbery, and I never saw him before in my life. For Hoppe. JAMES MARSY, sworn. I am a taylor in Houndsditch, I have known Hoppe ever since he came from the Bluccoat-school; from that time he has borne a very sober, honest, industrious character; his parents are very hard working, Industrious people; within these few months I have not known any thing of him. JOHN HERRING sworn. I live in Houndsditch, I am in the coal-trade; I have known Hoppe, to the best of my knowledge, twenty five years. Q. That is almost all his life; is it not? - A. Yes, before he went into the Bluecoat-school; I never heard any thing to his detriment in my life, till the present charge. Q. Did he bear a general good character or not? - A. When he used to work at home along with his father, I never saw any thing amiss of the man; he is a tinman, and lives two doors from me. JOHN ROBINSON sworn. I live in Hounsditch, about thirty yards from the prisoner's father; I have knewn him four years, or better; he has borne a very good character for any thing I ever heard; he worked with his father as a tinman, he was apprenticed to him; he was always a good lad. JOHN COOKE sworn. I am a baker; I live next door to the prisoner's father; I have known him about twelve or fourteen years; his general character is very good; I never heard any things amiss of him before this time. Hoppe. My Lord, the man that jumped out at the window, was the man that fired; this prisoner is an innocent man; I never saw him before in my life. Williams, GUILTY . Death . (Aged 28.) Hoppe, GUILTY . Death . (Aged 22.) Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE. 162. ROBERT DAGLEY was indicted for feloniously stealing, on the 26th of January , eight cotton shawls, value 16s. the property of Edward Coates . EDWARD COATES sworn. I am a linen-draper , No. 35, Oxford-street ; On the 26th of January, I lost eight cotton shawls from within the shop-door, they were hung upon a cord; I did not see them taken, but they were brought back to my shop with the prisoner. FRANCIS HAYNES sworn. On the 26th of January, I was behind the counter of Mr. Coates; about six o'clock in the evening, I discovered the shawls dragging from the line on which I had placed them the same morning; I immediately got over the counter, and ran after the man; when I came to Newman-street, about thirty yards from the door, I met the watchman; I asked him if he saw any man running that way? he said he had, and he perceived him with something under his arm; he told me to cross immediately; I then got fight of him, and cried out "stop thief," and he was stopped; in bringing him back to the shop, a pilot, who took him, shewed me the place where the shawls had been thrown; these are the shawls, I put them in a drawer, they have been in the drawer ever since. The pilot said he saw him throw them away, and directed me to the spot; the pilot is not here; he said he was a Dover pilot, and could not attend. The prisoner seemed very much confused, and said he had no shawls. Prisoner. Q. Whether I was ever out of your sight after you cried stop theif? - A. No; he was not, till we came to the shop. Court. Q. Did you see him throw any property away? - A. No. WILLIAM HAYNES sworn. On the 26th of January, going up Newman-street, with Samuel Harding , I heard the cry of"stop thief;" I turned about, and the prisoner came against me. Q. Had he any thing upon his arm? - A. No. thing; I took hold of him, he gave me a push, and got from me again, he seemed very much agitated; I got him again, before he got a couple of yards; I then detained him till Samuel Harding and the other witnesses came up; a gentleman, who called himself a pilot, said, he saw the prisoner heave the shawls over the iron pallisadoes. Q. The prisoner came behind you? - A. Yes. Q.Which way did the pilot come? - A. The same way. Prisoner. Q. In what way did I get away from you; did I use any violence? - A. No. Q.(To Haynes.) Are those the shawls the pilot said the prisoner threw away? - A. Yes; they are Mr. Coates's property. Contes. These are my property; they have my private mark. Q. What is the value of them? - A. Sixteen shillings. - GILLET sworn. I am an assistant of Mr. Coates; I know the handkerchiefs are the property of Mr. Edward Coates, in Oxford-street; the pilot directed me to the spot were they were, and I found them. SAMUEL HARDING sworn. On the 26th of January, about six in the evening, walking up Newman-street, I heard the cry of "stop thief;" I immediately turned round, and the prisoner was running, and Mr. Gillet got hold of his arm; and he got away; we followed him, and got hold of him directly, he had nothing upon him; Mr. Coates's shopman came up; and a Dover pilot said, he saw him throw the shawls away. - HAYNES sworn. I was standing in the shop behind the counter, and saw the handkerchiefs drawing off the line; they were within the door, and the door was open. Prisoner's defence. There was nobody saw me have them, or throw them over the rails. NOT GUILTY . Tried by the first Middlesex Jury, before Mr. Justice ASHHURST. 163. ELIZABETH JOHNSON was indicted for stealing a silver watch, value 3l. a silver watch-chain, value 6s. a silver key, value 12d. and two sixpences , the property of William Birch , December the 15th . WILLIAM BIRCH sworn. I am a soldier in the Royal Lancashire Militia ; I got a permit of my officer to come to London for a day; I went to the White Horse in Drury-lane, to an acquaintance of mine; I came out of the door to make water; I met the prisoner and another person; they said, soldier, will you give us any thing to drink? I said, I did not care, if they would come in; we went in, and I paid for a pot of beer for them; the prisoner asked me where I had to lie? I said I was a stranger, and did not know; she said, she could get me a good bed for a shilling; I gave her a shilling, and she took me to a room; when we came into the room, she said, soldier, are we not to have something to drink? I said, I did not care; what would she have? she said, a drop of gin; and I gave her sixpence to fetch it; when the went for the first, she asked if we should have any more? I then gave her a shilling, and she gave it to the other woman; she then came by me, and snatched hold of the chain and pulled the watch out of my pocket; I made a catch at it, and got hold of the seal thinking to recover the watch, and this (producing the seal.) broke off; there were two sixpences hanging to the chain. Q. What became of the watch? - A. She ran down stairs with it as fast as she could; I ran after her, and, at the top of the stairs, I catched at the watch, and broke the seal from it; I came back into the room to get the candle to go after her, and fell down stairs, and cut my nose. Q. What time was this? - A. Between seven and eight o'clock; I never saw her again till Mr. Treadway, the constable, sent down to me to come up. Q.What did you do when you had lost the watch? - A. I went immediately to Treadway the constable. Q. How soon after was the woman taken up? - A. The last Sunday but one, this was the 15th of December; Treadway took me to several houses in Drury-lane, to see several sets of them; at one house I saw the prisoner, I knew her immediately; he took me to two or three houses in Parker's-lane before we found her. Q. Upon your sixing on her, she was taken into custody? - A. Yes. Q.Look at the prisoner? - A. That is her; she said it was a pity a red bugger should ever wear a watch, the sailors ought to have them. EDWARD TREADWAY sworn. I am a constable, I took the prisoner; the watch was not found upon her. The prosecutor came to me, on Tuesday morning, the 16th of December, to Bow-street, to go and take a woman who had robbed him; he took me to No.7, Parker's-lane, and the woman had left the lodging and gone away; I asked him where he was to be found if I found the girl? and he gave me a direction. On Sunday week last I found her, and sent for him; I first took him to a house in King-street, Drury-lane, she was not there; I then went with him to a house in Cross-lane, she lived in the first-floor. Q. Were you aware this was the woman before you carried him there? - A. Yes; the second house we went into we found her; there were three of them sitting at breakfast; the soldier went in and pointed her out as the person; I searched her, there was no duplicate, or any thing, found upon her; she said, how do you think I could rob you? I might as well have taken your guinea and half as the watch. Q. She said he had a guinea and half in his pocket? - A. Yes; she said, it was some other girl that robbed him, it was not her; she said he was drunk. Q.(To Birch.) What money had you in your pocket when you were with this woman? - A. A guinea and a half, and five shillings in silver, and five pennyworth of halfpence. Q. Did the know you had the money? - A. No. Q. Were you in liquor, or sober? - A. I was sober enough; I had only had two pots of beer with them. Q. You had some gin? - A. Yes; the sixpenny-worth she went for. Jury. Q. Why did not you lay hold of the woman when she robbed you? - A. I got hold of the watch, she got off; I went back to the table for the candle, not knowing the room, and fell down stairs. - MUMFORD sworn. I am a constable: I was with Treadway when he took the prisoner; she said, she might as well have taken the guinea and a half as the watch; that he had no business with a watch. Prisoner's defence. As I was going down Drury-lane, with another young woman, this man stood at the White Horse; he asked us to go in and drink; we had several pots of beer, and rum and gin; I told the young woman, I must go; she said, she could get him a lodging, and I went away, I was afterwards coming back, and saw the prisoner lying in the street, and a crowd about him; he said, he had lost his watch; there was a soldier with him; they took a guinea and a half out of his pocket, and took him to the watch-house; I know nothing of his watch; he he came to me several times, and said, he would give me a guinea and a half if I would find his watch. Q.(To the prosecutor.) Were you lying in the street? - A. Yes; it was with falling down stairs; I did not lay above a minute; the watchman took me to the watch-house. Q. Why were you carried to the watch-house? - A. To take care of me; the watchman said, I might as well go there, and pay a shilling for my bed, as lay any where else; I went and lay there, and paid a shilling for a bed. NOT GUILTY . Tried by the first Middlesex Jury, before Mr. Justice ROOKE. 164. GEORGE WAKEMAN and ALEXANDER DEW were indicted for that they, on the King's highway, on the 23d of December , in and upon Charles Adam Beckman , did make an assault, putting him in fear and danger of his life, and stealing from his person, a leather pocket-book, value 2s. the property of Charles Adam Beckman , one bank note value 300l. one other bank note, value 100l. one other bank note, value 30l. and three other bank notes, each of the value of 20l. the property of Ann Salt , widow , and Charles Adam Beckman .(The witnesses were examined apart, at the request of the prisoner).(The case was opened by Mr. Fielding.) AUGUSTUS DELAWHISKEY sworn. Examined by Mr. Const. Q. Were you, on the 23d of December, at Wills's coffee-house? - A. I was; I come every day, at twelve o'clock, generally, and stay till Change is over; I go on the Change, but don't leave there till past four; I was there on that day, about half past two o'clock, and heard several gentlemen talking, especially Mr. Young, a sail-maker; I observed, round the corner, four or five people standing, when I was speaking to Mr. Young. Don't tell us what you said to Mr. Young - A. I went out of the coffee-house, with that gentleman, directly. Q. Did you know any thing of these persons? - A. I did. Q. Did you see the prisoners there? - A. Yes; the prisoner Wakeman particularly; I cannot say particularly as to the other; I am almost sure of Wakeman; I used to come to Bow-street, constantly, and sit with the Magistrate, when I had nothing to do, and have seen him there, and in the street, frequently. Q. As to Wakeman you know him? - A. I saw his face that day. Q. Are you sure as to his person? - A. Yes, I am; as to the other I cannot be positive, because they stood with their backs turned, at the corner, and I could not be positive. Q. Have you any belief on the subject? - A. I do believe he was one, but I will not be positive. Q. As to Wakeman, you have seen him at Bow-street? - A. Yes. Q. Where have you seen the other? - A. In the street; I have seen him frequently in the street, but cannot say particularly as to him. Q. You do not know any thing till you returned, and then you heard it from other persons? - A. I know nothing else about it. Q. You saw them after they were taken up? - A. Yes; the next day, I believe, I am not positive; I saw them at Bow-street. Q. And there you gave the same account you have given here? - A. Yes; I observed them at Wills's coffee-house, for a quarter of an hour, or twenty minutes. Cross-examined by Mr. Knowlys. Q. As to Dew, you never saw his face upon that occasion, only his back? - A. No; and I am not positive it was his back. Q. That is the only thing you can form a belief upon? - A. Yes. Q. The room was very full at Bow-street? - A. Yes. Q. And a lane was made for you to come and see them? - A. Yes. Q. So that they were the only two objects you had to look at? - A. Yes. Q. Before that, were you not told by some of the officers, that these were the people who were charged with the robbery? - A. They did. Q. You saw them under the report that they were the persons who had done this? - A. Yes. Q. You take upon yourself now to be positive to Wakeman? - A. I had seen his face; I am positive to him. Q. Pray, what is your name? - A. Augustus David Whiskey. Q. Have you always gone by that name? - A. Yes, always; I have been sixteen years in this country, and was never known by any other name. Q. Have you ever been in prison in Poland? - A. I have been prisoner in Russia. Q. I mean a prisoner in Poland? - A. No; no such a thing. Q.That you are sure of? - A. Yes; I was with the confederates; and I can bring proofs from the King of Prussia, and Duke of Brunswick, that I was a gentleman bred and born. Q.Were you never in prison, under a charge of a conspiracy to assassinate the King of Poland? - A. No. Court. That is certainly very improper; we always pity counsel when they have such instructions. Jury. It is certainly very foreign to the subject. Q. Do you go by the name of Count Whiskey? - A. I believe I am entitled, as well as any one; but I always go by the name of Mr. Whiskey; I never go by any such title, though I may have that title by people that know me. Q. What day was this; was it short of five days before you saw these people? - A. I do not know indeed. Q. You must know whether you went to Bow-street the next day after this matter happened? - A. I cannot say. Q. It was five days after they were taken up before you saw them? - A. I do not know whether it was or not. GEORGE LEWIS COLNE sworn. Examined by Mr. Fielding. I was at Wills's coffee-house on the 23d of December; I took Mr. Beckman 490l. in bank notes, and some cash, I think a guinea and a half, and some silver; I paid it to him, and he put it in his pocket-book; we were sitting at one of the tables on the right hand side, a side window, opposite Clarke's, the stationer. Q. Did you observe any thing yourself of any people in the house or out of the house? - A. There were several people in the house, but I did not observe who they were; I went with Mr. Beckman as far as Bank-buildings; he went towards Tom's, and I went towards Batson's, coffee-house, through into Lombard-street. CHARLES ADAM BECKMAN sworn. Examined by Mr. Fielding. I am a merchant , of Birmingham, in partnership with a widow lady, of the name of Ann Sah ; I was, on the 23d of December, with Mr. Colne; I received from Mr. Colne 490l. in bank notes, that I fetched from a bank in Basinghall-street; I have the numbers of them in my pocket-book, (produces a paper). Q. You had other property about you? - A. Yes; making, in the whole, near 300l.; I put it into a red morocco pocket-book, and went across Lombard-street to pay the money. Q. When you were so engaged in this transac tion, did you take out your pocket book publickly? - A. Yes; I saw several people looking on; but I did not suspect any body; I put it in my left coat pocket; when I came out of the coffee-house, I crossed the street over from the Royal Exchange, to the opposite side of Cornhill, over the way, till I came to between Tom's and the Rainbow coffee-houses; there I was hustled by a number of people, four or five, or more; it was a little before three o'clock. Q. Do you mean to say there were at least five? - A. Yes. Q. Describe, as well as you can, the manner in which you were hustled? - A. I went along in a regular way, as all other people walk in the street, till I had passed the door of Tom's coffee-house, then I was hustled at once, in the midst of a great crowd of people. Q. Were there any crowd before to interrupt your passage? - A. No, not all the way; then one of them gave me a very hard push, at the right hand side, and said, let us pass by, make a little room, if you can, to pass by; I looked round, to see what the matter could be; I thought it might be a horse or a cart; and I supposed it must be a pick pocket business, as several such things I had read in the news-papers; I clapped my hand upon my pocket, and immediately missed my book. Q. At the time the people were about you, had you an opportunity of seeing the countenances of the people about you? - A. Yes; I turned myself round immediately, to see who they were, and this man that gave me a push was, I suppose, a couple of yards from me out of sight; the other people ran in order to stop him; but he was instantly out of sight; whether he went into a shop, or down Birchin-lane, I cannot tell; I turned round to see if I could lay hold of any, and they were all gone. Q. During all that time had you seen the faces of the people, so as to enable you to speak to them again, as to make you believe you should be able to speak to them? - A. He that struck me on the arm, I could almost draw his picture, I was so certain of him; I went instantly and crossed over, facing the Exchange, to a correspondent, to whom I related the story; and soon after, I met with another, while I was talking to one Mr. Stevens, a brother to the banker, and told him I had been robbed, because I saw him at Wills's coffee-house, likewise a quarter of an hour before, who gave me a bill in the very same pocket-book, with his name in the acceptance. Q. You communicated your misfortune to Mr. Stevens? - A. Yes; while I was doing so, a Jew boy came up and asked if I was robbed. Q. In consequence of the boy's communication, you thought proper to take him to Bow-Street? - A. Yes, which I did; and I stopped the notes at the Bank. Q. Have you ever heard of any of the notes since? - A. No; only one note that has been in circulation; one 30l. note. Q. This boy gave information to the Magistrates? - A. Yes. Q. Some officers were dispatched to particular places? - A. Yes. Q. When was it, in consequence of any search, that the prisoners were apprehended? - A. I cannot tell how soon they were apprehended; but they were apprehended the very same evening, I believe. Q. Did you see any body at Bow-street that evening, in consequence of their being apprehended? - A. No; it was a couple of days afterwards; as soon as the Magistrate sat, the Monday following, to the best of my recollection, I was robbed on the Wednesday. Q. Look carefully at the prisoners, and tell the Jury upon your oath, whether you are warranted that they are the men? - A. I firmly believe, that both of them were the men, not that I can say that they took my pocket-book, but that they were two of the people that surrounded me when I was robbed. Court. Q. Are you sure these were two of the men that surrounded you, at the time you lost your pocket-book? - A. Yes; I knew them immediately after I saw them at Bow-street. Court. Q. Have you any doubt about it? - A. No; I don't think I can have the least doubt. Mr. Fielding. Q. Where is this Jew boy? - A. He has been taken away for the purpose of not appearing as an evidence. Cross-examined by Mr. Knowlys. Q. You say, at the time you were going by, there was a crowd of people, and some two persons brushed by you, and hit you on the arm? - A. Four or five; it was only one person gave me a push on the arm. Q. As any porter going along might do? - A. No; they seemed to be all in a crowd, and pushed close to me, so as to have an opportunity to take my pocket-book, and he spoke to me to take my attention. Q. You were pushed as you would be in a crowd? - A. Yes, and asked to make room. Q. There was no hurt at all done to you? - A. No; only that I could feel it. Q. That was the only effect it had upon you to draw off your attention? - A. Yes. Q. The person who said to you, "make way," got out of your sight entirely? - A. Yes. Q. You say it was the Monday following you saw these two persons at Bow-street, that is four or five days after? - A. Four days. Q.You had never seen the persons you suppose to have robbed you, from the time the robbery was committed, till the time you saw these two people in Bow-street? - A. No; not from the hour of the robbery. Q. I believe, before you went up stairs, you were told by the officers, that the persons were coming who had committed the robbery? - A. They told me that two such persons had been taken of the names and descriptions I had given of them. Q. The room was very full of people when they were brought up? - A. Yes. Q. And they were desired to make a line, that you might see the two people that stood at the bar? - A. Yes; the Justice desired them to do so. Q. So that you saw these two persons not mixed with any others for you to pick them out? - A. No. Q. Did you not say, or did you say, at Bow-Street, any thing further than that you believed them to be the men? - A. No. Q. You have never seen the pocket-book, or recovered any thing lost upon that occasion? - A. No. Court. Q. When you were before the Magistrate, had you any doubt about the persons of the men? - A. No; I had not. JOHN TOWNSEND sworn. Examined by Mr. Const. On Wednesday the 23d of December, information was given at Bow-street, by a Jew boy, who, I understand, has since absconded; in consequence of that, I and some more other officers went that evening in search of the parties; we took up, I believe, that night, several suspected persons. Q. Did the person, who gave you that information, describe any particular persons? - A. Yes; he gave me the names of all the five whom I knew of course, and we apprehended the prisoners among the rest; they were searched, but nothing found upon them; we apprehended them at a public-house in Clare-street, Clare-market, kept by a man of the name of Liffet, and found them together; I had been in the house before, but they were not there then, and I thought it right to go again, which I did, a little before eight o'clock, I believe it was, and apprehended them. Court. Q. Did you see them come in? - A. No, I did not. Court. Q. Were they in company together, or how? - A. They were not sitting close together, they were near one another. Q. In the same box? - A. No; I believe one sat at the fire-place, and the other in the box; I believe the house was clear, and only these two people in the house. Q. From the information you received, you were in pursuit of others whom you did not find? - A. Yes. Cross-examined by Mr. Knapp. Q. This robbery was committed about three o'clock in the afternoon; the place you went to, in order to apprehend these persons, was at a Mr. Lisset's in Clare-market? - A. I went to a number of bad houses. Q. But you went to Lisset's? - A. Yes. Q. You apprehended the prisoners at the bar? - A. Yes. Q. You searched them and found nothing upon them? - A. Nothing relative to the robbery. Q. I believe, at the time you apprehended them, they went very quietly with you? - A. Certainly; there is no question about that. Q. Is Macmanus with you? - A. No. Q. Did this boy come of his own accord? - A. He came with the prisoner, I believe. Court. Q. Was he bound over? - A. Yes, he was. Court. (To Beckman). Q. Did this boy go with you to the Magistrate? - A. Yes, he did. Q. Of his own accord? - A. Yes; he did not go immediately; because he had some fruit, and would not leave his basket, he has been bound over to prosecute, but is no where to be found. Court. I shall certainly estreat the boy's recognizance; and I do it that there may be some further enquiry; the blame must lie somewhere. Wakeman made no defence. Dew left his defence to his Counsel. Wakeman. GUILTY Of stealing the property , (Aged 36.) Dew. GUILTY Of stealing the property , (Aged 30.) Both transported for seven years . Tried by the London Jury, before Mr. COMMON SERGEANT. 165. JOHN MILLS , THOMAS NORTH , and JOHN FRY , were indicted for breaking and entering the dwelling-house of William Simpson , about the hour of one in the night of the 16th of January , and burglariously stealing a boiling copper, value 10s. a copper pot with iron handle, value 2s. two copper saucepans, value 4s. a copper stewpan, value 5s. a brass skillet, value 1s. 6d. eight live hens, value 8s. and a live cock, value 1s. the property of William Simpson . WILLIAM SIMPSON sworn. I live at the White-house, near the Shepherd and Shepherdess, in the parish of Shoreditch ; I left the house on the 10th of July last; I went to bed between eleven and twelve, I believe I was the last up that night; I saw to the fastenings of the doors and windows myself, they were all fast; I went to bed between eleven and twelve, and in the course of an hour, I heard a disturbance of a dog making a great noise; I had no suspicion of any body being in the house, but from the noise of the dog; I looked upon it, the tenter ground adjoining, being full of cloaths, I thought it was some strange men in the ground that were taking care of it; I got up between seven and eight in the morning, I was the first up in the house; I went out of the back door with intent to go round by the garden, and then I perceived that the window-shutter and the casement of the wash-house was wide open. Q. Whereabouts is that wash-house; is it under the same roof with the house, or is it detached from it? - A. It is under the same roof, and it is part of the house. Q. How late in the evening had you been in that wash-house? - A. The night before; I went between eleven and twelve to look at the fastenings before I went to bed, the windows were then fast; the next morning I looked in at the windows, and perceived that the brick-work of the copper was disturbed; I went back again in at the back door, and came through the kitchen into the wash-house, and I examined the place and found the articles in the indictment to be missing. Q. When had you seen them there before? - A. The day before, Saturday the 16th; I missed a large copper out of the brick-work, a large copper pot and stew-pan, two copper saucepans, a brassskillet, and a brass ladle, nine live fowls, eight hens, and a cock. Q. Were they in the wash-house? - A. Yes. Q. Did you ever see them again? - A. I have seen part of them at the Justices in Worship-street. Mr. Knowlys. Q. It had been light sometime before you got up? - A. Yes. JANE SIMPSON sworn. I can only speak to the property being lost; I had seen them in the wash-house on Saturday night about ten o'clock; the dogs made a great noise between eleven and twelve o'clock at night, or about twelve; my husband was up before me in the morning. JOHN BARKER GOOCH sworn. On the 19th of January, about a quarter past eight in the morning, that furthest prisoner (Mills) came to me and asked me if I bought copper; I told him, yes; he then put his finger up to his note, and the other two men came up, with each of them I sack full; they directly went into my further shop, and emptied one of the sacks; I told them it would not suit me to buy it; it was a large copper cut in pieces, and a boiler that looked well tinned; I directly put it back again, and they went from my shop to Mr. Mason's. Q. Did you see what was in the other shop? - A. No, I did not then; I went and informed Mr. Harper, the officer of it; we went to Mr. Mason's, and there we met with them; there were only two of them in there with the copper, North and Mills; the other man was gone round the corner of the Hackney-road; Harper asked me if there was another of them; I said, yes, there was another with another sack; and he went round the corner, and took him; Mr. Mason asked him how he came by it, and Harper and Mr. Mason put the hand-custs on them directly; I did not hear them say where they got it. Q. Did you see the contents of the other sack then? - A. There was the remainder of the large copper in that, and a stew-pan. Cross-examined by Mr. Knowlys. Q. This was the 19th? - A. I believe it was; I am not certain; it was on Tuesday morning. PETER MASON sworn. On Tuesday the 19th of January, the prisoner North brought this copper, to sell, to me. Q. Did he come alone? - A. Yes; it was about half past eight o'clock in the morning; he asked, if I bought old copper; I told him, yes; he asked me, what I would give for it; I said, I could not tell till I saw it; then here it comes, says he; and took a piece out of his bag; it was part of the bottom, and part of the side of a copper, and a stew-pan that was broken; I asked him, what he wanted a pound for it; he said, eight-pence; says I, now, my friend, where did you get it; says he, at home; says I, that answer will not do for me; he said, a second time, he got it at home; I told him, that would not do for me; then, he said, he would not tell me; he turned upon his heel and went out of the shop; Mr. Harper was coming, and he stopped him; Mr. Harper desired me to take care of him; and he went out; he said, there were more of them; he went out and brought in Mills; he bid me take care of them, while he looked out for a third; he handcuffed them together, and he went and looked for the third, and then I went out, and saw him have hold of that third, with the bag upon him; as I was going towards the watch-house, with Mills and North, I saw Harper had got hold of Fry, with the bag of copper; and they were all taken to the watch-house; Fry said, it was his own, and he could bring the person he brought it of; he put the two that were handcuffed together in one cage, and Fry in another; Fry desired they would not tell where any of us lived, and he would be damned if they could find it out without it was advertised; and they to him, desiring each other not to tell where they lived, nor where they got it. Cross-examined by Knowlys. Q. Where were they when you heard them say this? - A. I was in the watch-house, they were in the cage. Q. It was close by, they could see from one into the other? - A. Where I was they could not see, the door being open. Q. You know this is a charge of burglary for breaking open a house? - A. Yes; so the people say. Q. Was any body by, when you heard them say this, but yourself? - A. No. Q. Do not you know there is a large reward if they are convicted? - A. I have heard there is a reward, but I don't know what for. Q. Upon your oath have you never heard that there is a reward for house-breaking? - A. I have heard that it is 40l. Q. Three times forty makes one hundred and twenty, you know? - A. Yes. Q. And there was nobody by to hear this conversation but yourself? - A. No. SAMUEL HARPER sworn. I am a constable of the Public-office, Worship-street: On Tuesday, the 19th of January, between eight and nine o'clock in the morning, my neighbour, Mr. Gooch, came to my house, to tell me, that there had been three men at his house offering some copper to sell that he suspected was stole; I enquired which way they went; and I went directly towards Shoreditch church; and in Mr. Mason's house, who keeps an iron shop, I saw some copper in the scale; Mr. Mason would know where they got it, before he paid for it; the man, then, was running out of doors; I was coming in at the very instant, and caught him in my arms; that was the prisoner North, the middle man; I did not stand to talk with him, but gave him in custody to the man that keeps the Ship, who is an officer, and I went round the corner of Kingsland-road, and saw the stout man, Mills, skulking round the corner; I laid hold of him, and said to him, I have got your partner, I believe, you must go with me; I took him directly to the iron shop, where North was, and sent for the man who gave me the information, to know whether that was one of the parties concerned, before I confined him; he said, he was; then I handcussed them together; and went out, to look for the other man, just by Shoreditch church gates; I saw the other man, Fry, with a black bag upon his shoulder; I asked him, what he had there; he said, why my own property; says I, I don't know that; but, says he, I can prove it to be my property, and I can prove where I bought it; then, says I, you must go with me, and prove that before the Magistrate; and I took him, and put him in the watch-house; they were all put in the watch-house, and locked up, till the Magistrate sat; I have had the things in my possession; in the bag was part of a copper, and a copper pot without a handle. Q. What became of the copper that was at Mr. Mason's shop? - A. I had that in another bag; he and I put it into the bag, in his own shop, out of the scale; that was a part of a copper, and a stewpan. Q. Has it been in your custody ever since? - A. Yes. (producing them). Simpson. This is my pot, here is a piece rivetted on the side; the stew-pan is knocked to pieces in such a manner, that there is no mark I can speak to; but I believe it to be my property. Mrs. Simpson. This is my pot; I cannot say any thing to the stew pan, it is knocked to pieces so, and there is no mark upon it. Mr. Knowlys. (To Mrs. Simpson). What is the mark upon that pot? - A. A part of the side rivetted on. Q. It is a pot that has been mended? - A. Yes. Q. There is no mark of your's upon it? - A. No; it is a pot I have had in use a great many years, that makes me know it. Q.Any person that has a pot that has seen many years service, would have it mended? - A. Yes. Court. Q. Is it a pot of the same size with that you lost? - A. It is; I have no doubt but it is mine. Q. Was this pot loose in the brick work? - A. No; it was a fixture. JOHN ARMSTRONG sworn. I assisted Mason and Harper, after they were taken into custody; that is all I know about it. WILLIAM PEACH sworn. I went to the apartment, on Saturday, the 23d of January, of Mills, in company with Ray, another officer, belonging to the same office, between five and six in the evening, situated at No. 2, in the Causeway, Limehouse; we enquired below stairs for the name, and I found a dark lanthorn there. Mr. Knowlys. Q. How do you know it was his apartment? - A. By the directions that Mills gave to the Magistrate; as soon as I got in the room, I found a dark lanthorn, and a bayonet was found, by Ray, and delivered to me. - FERRIS sworn. On Tuesday, the 19th, I searched the apartments of Fry and North; and in North's lodgings I found this dark lanthorn with a bit of candle in it; that is all I know. Miils' defence. On Tuesday morning I was going to Barnet; I overtook Fry and North upon the road; they had just picked up those two bundles, and told me they were going to sell it; and they asked me, if I would go and have some beer with them; that is all I know of it. North's defence. On Tuesday morning I got up and called Fry up to go to work along with me; going along the road, we saw two bundles lay in the field, by the road, and we took them up and turned them out of the bags, and we saw it was copper, and went to the first place we came to, to sell it: the man would not buy it, and we went to the next shop and the man stopped us. Fry's defence. We found it, going along the road to work, at Limehouse.(North called two witnesses, who gave him a good character). Mills. GUILTY Of stealing to the value of 39s . (Aged 47.) North. GUILTY Of stealing to the value of 39s . (Aged 19.) Fry. GUILTY Of stealing to the value of 39s . (Aged 44.) All three transported for seven years . Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE. 166. WILLIAM ASHLEY and HENRY ABBOT were indicted, the first for feloniously stealing, on the 29th of January , a two wheeled cart, value 40s. the property of Joseph Green , and the other for receiving the same, knowing it to have been stolen . JOSEPH GREEN sworn. I am a baker , at Layton : I don't know any thing about the prisoners at the bar; I lost a cart with two wheels on the 11th of December, in the night, or the 12th, early in the morning; it stood nearly opposite my house, in a yard; I have seen the cart again, at the inn, by the office of the gentleman that gave me instructions; last Thursday was a week I advertised it. Q. Who are those officers? - A. Griffith, and I don't know the other officer's name. Mr. Knapp. Q. You lost your cart on the 11th of December, and did not see it again till Thursday was a week in this month? - A. Yes. JOHN GRIFFITHS sworn. I am an officer, belonging to Lambeth-street, Whitechapel: on Wednesday, the 27th of January, I apprehended William Ashley, in Petticoat-lane, through an information I had received; I had been after him from the 22d, for different things; and on the 29th I apprehended Henry Abbot , under a warrant, and on the same evening I found the cart at the sign of the Dolphin and Crown, Stepney; which I brought to the office, and the prosecutor came forward and proved it to be his property; I don't know any thing of the prisoners having to do with it. WILLIAM PRIOR sworn. I keep the Crown and Anchor at Stepney; Ashley, and Smith the accomplice, brought the cart to me, both of them together; it stood five or six weeks at my house. Q. How long ago was it that they brought it? - A. I dare say it might be seven weeks ago, I think, I know it is somewhere thereabouts. Q. Do you know any thing of Abbot? - A. They made use of Abbot's name to me; I have known him twenty or thirty years; and I should not have taken the cart in, but their having made use of his name; we take a number of carriages into our yard, many that come to Mr. Brewer's meeting of a Sunday; our gates are generally open from morning to night. Cross-examined by Mr. Ally, Counsel for Asbley. Q. You tell us, that when they came to your house, they made use of the name of Abbot? - A. Yes. Q. You don't mean that Ashley made use of this name? - A. It was the short man, Smith, that made use of his name. Q. Do you mean to say Ashley was present? - A. I cannot say; I believe he might be gone out to buy some bread and cheese at that time; I don't recollect that he was by at that time; Smith brought the cart to the yard. Q. Your yard is very much exposed? - A. Yes; I suppose there is an hundred carriages come sometimes of a Sunday. Q. This cart was not concealed in your yard? - A. It was close to the gates; just within the gate. WILLIAM SMITH (the Accomplice), sworn. On the 11th, or 12th, of last December, Ashley and I went to Low-Layton; and we broke into an out-house belonging to a person, near the Red-lion; and we stole a parcel of fowls from there, and a coachman's box-coat, and a green baize covering of a chaise, or a chariot; we could not bring them home conveniently; we had a horse, harnessed, with us; we had looked at the cart in the day-time, and took a collar with us to put upon the horse, to put him into the cart. Q. So you went with that intent, did you? - A. Yes; we took the cart from a carpenter's yard at Low-Layton, near the three Black-birds, below where we committed the robbery; we brought the cart and property to town; and we out the cart into one Zorble Phillips's yard, in Petticoat-lane; he turned the cart out of his yard, and put it into Tripe's yard; he would not let it stand in his place; he said it was a stolen cart; it staid there about two days. Then Mr. Abbot, the publican, asked me if I had a mind to sell it, he would give me sixteen shillings for it; I told him I did not want it; I used to use his house; he keeps the Duke of Argyle, in Petticoat-lane. Q.Who did he ask, you or Ashley? - A. Ashley and me were together; and he asked me in particular. Q. Who did he offer the sixteen shillings to? - A. He told us to take it to one Prior, and give his compliments to him, at Stepney, and leave it there till he went for it. Q. Who did he offer it to? - A. To both of us. Q. Did Ashley say he had a share in the cart? - A. Yes; Abbot knew that Ashley and I had stolen the cart, and brought it there; he knew it was a stolen cart; we had taken the number-board off, and we told him it was a stolen cart. Q. Had you known Abbot long before? - A. I had used his house for some months; we put it in Mr. Abbot's yard till he called for it; we both rode in it there; when we came back Abbot paid for it. Cross-examined by Mr. Knapp. Q. This is the first time you have made your appearance in a Court of this sort, I take it for granted? - A. I don't understand you. Q. This is the first time you have been examined as a witness, or been at the bar of any Court? - A. No; it is not. Q. You have been at the bar of this Court, perhaps? - A. Yes. Q. How came you to be at the bar of this Court? A. I did not come of my own accord, I assure you. Q. What was you brought here for? - A. For what I was cleared of. Q. What was it for? - A. A felony; I was cleared of it. Q. Was it for stealing any thing? - A. I was charged by a gentleman at Hammersmith, for break ing his house, not stealing any thing. Q. Was that the only time you have been here? - A. No. Q. What else were you here for? - A. I don't know. Q. You have been here often, perhaps? - A. The more is my misfortune. Q. What have you been convicted for? - A. I have not been convicted of any thing. Q. Never? - A. I was confined six months for buying some pigeons. Q. Perhaps you may have been on the other side of the water; you were never tried in Surry, were you? - A. Yes. Q. What were you tried in Surry for? - A. A thing I was not guilty of. Q.What was the charge against you? - A. For burglary, I believe. Q. How may times have you been charged in Surry? - A. Only that once. Q. Are there any other things you can remember; how many times have you been in custody in your life? - A. Not above half a-dozen. Q. How many times have you had the good fortune to escape? - A. I don't know. Q. How many times have you been convicted? - A. Only once. Mr. Ally. Q. Is not there a woman, of the name of Smith, lives with you? - A. No woman in particular lives with me now. Q. How long is it since there has? - A. Within these three or four weeks. Q. She was not your wife, I take it for granted. Do you know the prisoner? - A. Yes. Q. He was unfortunate enough to take lodgings at your house? - A. Yes. Q. This good lady does not live with you now? - A. She could not live with me in prison. Q. Now and then this woman had an opportunity of going about the house, and the lodgers of coming into the place where she was? - A. I cannot answer for that; nobody had any business in my place. Q. They had no opportunity of coming there? - A. No. Q. You would not be jealous of any man coming to visit this lady? - A. If I had catched them there I should have paid them for their trouble. Q. Would not you be angry, and jealous, if another man came to visit this lady? - Court. That is certainly not a regular mode of examination. Q. Whether or not this man, Ashley, visited this lady? - A. Not to my knowledge, he did not. Q.Upon your oath, have you not threatened him for visiting this lady? - A. No. Q. Have you not said, if you got him into your claws you would be up with him? - A. No; he has loaded a brace of pistols to shoot me; I have heard or it, I did not know it. For Ashley. WINIFRED DIXON sworn. My Lord, you will pardon me if I am doing wrong to speak the truth for the prisoner; against the man I have lived with as my husband; I lived seven years with this man as his wife, and did the duties of a wife; I went by his name; Ashley was a lodger of mine between four and five months. Q. In what manner have you known Smith behave towards the prisoner at the bar? - A. I don't know any ill conduct, but when Smith and I have had any words; he has said, damn me, (pardon me, my Lord, for repeating the oath), he would do for him if he got him in his power. The prisoner Ashley has often saved my life, by taking my part against Smith. Court. You have lived with Smith as your husband? - A. He drawed me away before I was sixteen; when Ashley first lodged with us, I believe he worked in Falcon-square; he has cut his hand, and been unable to work for these six weeks. Q. Was there any intimacy between Ashley and Smith? - A. Ashley never was in the house from morning to night. Q. Were they out together of a night? - A. He was never out of a night, in general; I never knew him out but two nights, and then I knew where he was. Q. You never knew them out together? - A. Never; unless I was out with them, taking a walk. Both NOT GUILTY . Tried by the first Middlesex Jury, before Mr. Justice ROOKE. 167. WILLIAM ASHLEY was indicted for breaking and entering the dwelling house of Thomas Penn , about the hour of one in the night of the 26th of January , and burglariously stealing a silver flat candlestick, value 7s. a silver goblet, value 14s. six silver tea-spoons, value 9s. two silver table-spoons, value 20s. two silver salt-spoons, value 3s. three silver castor-ladles, value 6s. a pair of silver sugar-tongs, value 2s. a punch-ladle, value 10s. a silver marrow-spoon, value 10s. a box containing sixty pieces of silver coin, value 40s. and eleven yards of blue striped silk, value 55s. a kerseymere coat, value 10s. a white calico gown, value 6s. a man's hat, value 2s. and a wooden tea-caddie, value 4s. the property of the said Thomas, in his dwelling-house . THOMAS PENN sworn. I live at Stoke-Newington . Q. Do you keep a house there? - A. Yes: On the 27th of January, we discovered that the house was broke into through the cellar-window, by wrenching out an iron bar; there was a lattice before the window; I was not in the cellar the night before, but I saw the lattice safe the night before. Q. They could not undo the iron bar without taking away the lattice? - A. No, it could not; I am certain the lattice was safe over night; my servant maid found the house broke open, about seven in the morning, and came and called me, and I got up directly I missed the things mentioned in the indictment, and many more. Q. When had you seen them before this? - A. I saw the candlestick after ten o'clock on the night of the 26th; the tumbler, I believe, I had at dinner, I don't know that I had it at supper; the candlestick and goblet were shewn to me by an officer belonging to the office in Lambeth-street, Whitechapel, in the office. Q. What day was that? - A. The Friday after, the 26th was on the Tuesday. Q. Do you know the candlestick and goblet to be your's? - A. I am certain of it. Cross-examined by Mr. Ally. Q. You don't fasten your own windows? - A. That window never was fastened more than it was that night. Q. You found the house broke open on the 27th? - A. Yes. Q. Did you see the house fastened over night? - A. No. Q. Are you in business? - A. Yes. Q. Have you any partner? - A. Yes, one; but he does not live in the house with me. Q. Has he any share in the property of your house? - A. Certainly not. MARY ENGLAND sworn. I am servant to Mr. Penn, at Stoke Newington. Q. What time did you go to bed on the 26th of January? - A. About eleven o'clock in the evening. Q. How was the cellar window fast? - A. There is no fastening to it; there was an iron bar and an iron wire over the top. Q. Was there any lattice besides? - A. No; no lattice at all. Q.(To Mr. Penn). When you spoke of the lattice, did you mean the iron wire? - A. Yes. Q.(To England). Was that safe on the 26th? - A. Yes; it was all safe; the doors fast, and the bells put up. Q. Was the cellar fast over night? - A. it was all very safe when I went to bed at eleven oclock at night. Q. Was there any glass to the window? - A. Yes; a casement; the iron wire was to protect the glass. Q. What time did you get up in the morning? - A. About a quarter before seven o'clock; when I came down stairs, about a quarter before seven, I found the wind blew very much; both the doors were open, and the window taken down. Q. What doors? - A. The door that went out of the kitchen and went up stairs; the iron bar of the window was taken down, and the window taken away; the wire was not taken down, but turned up; I thought there was somebody in the house, and went and called my master, and we came down together. Jury. Q. Were there any tracks of a man's foot? - A. Yes, coming in and going out; there were a great many tracks. Q. Was the bottom of the area paved? - A. No. Q. Did there appear to have been more than one foot? - A. There appeared to be two persons feet in the area. Q.Was there any difference in the size of the feet? - A. One was smaller than the other. Q.(To Mr. Penn). Did you, when you were called up, observe any track? - A. The border of the garden was trampled a great deal. Q. Was there the track of more than one person? - A. Certainly. JOHN GRIFFITH sworn. I am an officer belonging to Lambeth-street: On Wednesday, the 27th of January, I had an information against Ashley; I was informed he was at a public-house in Petticoat-lane; I went, in company with Foredum, in search of him; going up Petticoat-lane, I met Ashley; we took him into custody, and brought him down to the office; there I searched him; in his pocket I found this silver candlestick, and this silver half pint tumbler in his coat pocket; upon a little further enquiry, we found the gentleman that had lost them, Mr. Penn; he came forward, and proved them to be his property. Cross-examined by Mr. Ally. Q. I believe the things were wrapped up in a handkerchief? - A. Yes; the same handkerchief is about them now. Q. Did you find a snuff-box upon him, Yes; he said the snuff-box was his. Q. Did he tell you what he was going to do with it? - A. No. (To Mr. Penn). Look at those things. - A. These are both my property; the snuff-box is not mine; they have my marks upon them; there is my crest upon the candlestick; and the initials of my name at the bottom of the tumbler. Q.(To Grissith). What time did you take him? - A. At half past twelve o'clock in the day of the 27th. Court. Gentlemen, I understand you have already determined that the accomplice is unworthy of credit. Jury. We have. Court. I shall not call him. Prisoner's defence. I lodged at Smith's: On Wednesday morning, he asked me if I would stop to breakfast, which I did; he said he wanted a box made the same as I had got; he said, my father has left me some silver; it was in a handkerchief; he wanted me to sell it for him, I refused to take it; I said, he might take it himself; he forced the handkerchief into my pocket; I did not know what it was; I was going with the box; I have a witness to prove I had it of him. For the Prisoner. WINIFRED DIXON sworn. Q. You know the prisoner at the bar, and that Smith, who has been already in court? - A. Yes. Q. You know that man has accused the prisoner of this offence? - A. I do. Q. Do you recollect seeing any thing, and when given to the prisoner at the bar? - A. To the best of my recollection it was this day three weeks; it was on the Wednesday in the morning, between the hours of nine and ten, Smith asked Ashley if he would go to London with him; we lived at Bethnalgreen; Ashley answered him, yes. Q. Did you live with Smith? - A. Yes. Q. What time did you go to bed that night? - A. About ten o'clock; I never saw Smith from three o'clock on Tuesday afternoon till the next morning. Q. What occurred in the morning? - A. He asked Ashley if he would go to London with him; he said yes. Q. Was Ashley at home that night? - A. He came home about eleven o'clock on Tuesday night as he was taken into custody on the Wednesday; Smith asked me to give him a clean pocket handkerchief; if this is it, it has had three letters picked out of the corner, (looks at it); this is the handkerchief, here are the letters partly picked out. Jury. What were the letters? - A. I cannot recollect what the letters were, though I had the picking of them out; I think one of them was a D. Jury. (Look at the handkerchief.)There are no letters picked out of it. Q.(To Mr. Penn). Do you know the handkerchief? - A. I think I do. Dixon. That is the corner; I do think that is the handkerchief; I should not chuse to swear it. Jury. There does not appear to have been any letters picked out; she has a fine eye if she can discover it. Dixon. It was the pattern of that handkerchief, there were three letters picked out of the corner; Mr. Smith gave me the handkerchief about a fortnight before he was taken into custody. Q. The handkerchief came originally from Smith? - A. Yes; Smith gave me a handkerchief, and desired me to pick the letters out. Q. Tell us what it was you saw given by Smith to the prisoner? - A. When I gave him the handkerchief, he put a little quantity of something into it; I cannot say it was this, it was about this bulk; he asked Ashley to put it in his pocket, he said no, he would carry it in his hand, and Smith turned him round, and I saw him put it into his pocket; what it was I don't know, for I did not see it. Court. What are you? - A. I have lived with this man, Smith; turned of seven years. Q. He is a notorious thief? - A. I am sorry to say he gets his bread in an unaccountable manner; I never knew what he did; I said he should never bring things into the house not come honestly by. Q. Ashley and he agreed very well? - A. Ashley lodged in the house five months. Q. You continue in that line of life now? - A. The way I maintain myself since he has been in prison, is by parting with things to keep him and me; I never mean to enter a home with him any more; if I do, I believe I shall come to an untimely death. Prosecutor. I believe this is my handkerchief; I have some of the same pattern. JAMES BLACK sworn. I live at No.17, Christopher's alley, Moor-fields; I am a hot-presser; I am one of the beadles of Shoreditch parish; I have known the prisoner sixteen or eighteen years; he is a hot-presser; I worked with him when he was an apprentice; I never knew any thing bad of him in my life. Jury. We wish to hear what Smith has to say. WILLIAM SMITH (the accomplice) sworn. Ashley and I went to Newington, and broke a house open in Newington town. Q. Was there any body else with you? - A. Nobody but our two selves. Q. What time did you break it open? - A. Between twelve and one; the watchman went one when we were in the house; we took a quantity of plate and some wearing-apparel, and brought it home to our house. Q. What did you do with it? - A. Ashley took and sold it, I believe; I have never seen any of it, but what was found on Ashley. Q. What time did you return home in the morning? - A. Between three and four o'clock. Q.Where was Mrs. Smith? - A. In bed, when we brought it home into the bed-room. Q. Did she see it? - A. Yes. Jury. Q. Did you both go into the house? - A. I went into the house, Ashley could not get quite in. Q. How did you break in? - A. At the back window; we took up a lattice, and pulled up an iron bar. Cross-examined by Mr. Ally. Q. You and the prisoner broke open this house? - A. Yes. Q. You have broke open a good many houses before this? - A. Yes. Q. You are not ignorant of the consequence of breaking open a house, if you can prosecute a person for it? - A. I stood the same chance as him. Q. Do not you know there is an emolument for prosecuting a house-breaker? - A. I don't understand you. Q. Upon your oath, have you not heard that there is a reward for prosecuting a burglary? Court. There is no reward for accomplices. Q. You never heard there was a reward for prosecuting a burglary? - A. I have heard the officers have a reward. Q. You did not remember that before? - A. I did not understand you. Q. Have there not been several men hanged upon your evidence? - A. There have been three hanged. Q. Did you know Edward White ? - A. I was apprenticed to him. Q. Poor Billy Jenkins , did you know him? - A. Yes. Q. Did you know poor Billy Read? - A. Yes. Q.What became of those three persons, your friends? - A. They suffered the law. Q. You mean they were hanged, upon your information? - A. Yes. Q. You were taken up? - A. We were all taken up. Q. You, to save yourself, swore they committed the robbery? - A. I committed it as well as them. Q. Poor Clinch was convicted upon your evidence? - A. Yes. Court. Q. Did you lay an information against this man? - A. No; I did not know of it till he was taken. GUILTY . Death . (Aged 35.) Tried by the first Middlesex Jury, before Mr. COMMON SERGEANT. 168. ANN BROWN was indicted for feloniously stealing, on the 5th of February , a black silk cloak, value 4s. the property of Ann Smith . ANN SMITH sworn. I live in Crown-court, Short's Gardens, Tottencourt-road ; I am a servant out of place; the prisoner lodged in the same house: Last Friday was a week, she went out about seven o'clock in the morning, and took my cloak with her; she pledged it for 4s. Q. Had you desired her to pledge it? - A. No. Q. Were you in habits of friendship with her? - A. No; she slept in the same room with me; I missed it the same day; she left her lodging that morning, and a few days after I met with her again; I asked her, what she had done with my cloak; she told me, she had pledged it, and took me to the pawnbroker's, and there I found my cloak; she gave me no reason why she pawned it. Q. Did you make her any promises? - A. No. - LAMB sworn. I am a pawnbroker: I took this cloak in of the prisoner, (producing it), in the name of Ann Brown , on the 5th of February; I lent 4s. upon it; I did not know her before. The prisoner made no defence. GUILTY . (Aged 26.) Privately whipped and imprisoned a fortnight . Tried by the second Middlesex Jury, before Mr. COMMON SERGEANT. 168. THOMAS TABOR and JOHN TAIT were indicted for feloniously breaking and entering the dwelling-house of James Are , about the hour of seven in the night, of the 7th of February , with intent to steal the goods in the dwelling house at that time then and there being . (The witnesses were examined apart at the request of the prisoners). JAMES ARE sworn. I live at No. 6, Lower-street, Islington ; I keep the house: On Sunday, the 7th of February, a little before seven o'clock, somebody came and knocked at the door very hard, and I never answered it; and then somebody came up and put a picklock key into the door, and opened it; the two prisoners came into the house. Q. Was the door fast? - A. Yes; it was opened by a pick-lock or false key; I heard them come in and shut the door after them; I was sitting in my shop, and one of the officers with me; they might be some space of time in the passage; and then one of them says to the other, where are the matches and tinder. Q. Did you hear them say that? - A. Yes; and then they began to strike a light; I heard the flint strike against the steel; Mr. Hudson, the officer, that I had to guard me, gave me a shove, and I shoved the bolt, so that no man could come out of the house, and none could come in; it was a bolt I had fixed on purpose. Q. Did that secure the door at which they had come in? - A. Yes; as soon as I had done it, Hudson knocked one of them down, or both, before the other officer came out of the other room. Q. Did he go into the passage? - A. Yes; and I went with him. Q.Who was the other officer? - A. One Austin. Q. When you had got into the passage, who did these two men turn out to be? - A. Those two gentlemen, (pointing to the prisoners); the other officer was concealed in a back room; and he came out with a lighted candle in one hand, and a pistol in the other, which was not discharged; and they were secured and handcuffed in the passage. Q.Was it dark? - A. The quarters had gone half past six some time before they came into the house; it was not seven, I believe. Q. How light was it? - A. It was very dark out of doors. Q. Was it too dark to see their faces out of doors? - A. Yes; unless they stood against a lamp or a candle. Q. But you could not distinguish them by the light of the heavens? - A. No. Cross-examined by Mr. Knapp. Q. What shop do you keep? - A. A chandler's shop. Q. Do you mean to swear you could not see a man's face, if you were as near him as I am? - A. Not to know any man. Q. But could you see any man's face? - A. I could not, to see what face he had, or any thing about him. Q. You had two officers in your house, you know; you knew, perhaps, that upon the conviction of these persons, there would be two forty pounds reward? - A. I knew nothing at all of that; if you please, I will tell you why I had the officers. Q. I do not want to know that; did you not know that there was a 40l. reward for the conviction of persons who break into houses? - A. I did not know any such thing. Q. Did you never hear it? - A. I never had such a thing happen to me before; I have heard that there have been such things; but I don't know any thing about it. Q. Perhaps you know there is a reward given by the parish of Islington, for the convictions of those men? - A. Yes. Q. How much is that? - A. I don't know. Q. Is it 30l.? - A. I don't know. Q. You have heard of a parliamentary reward of 40l. each, and the parish reward of 30l.; and you, you know, will be entitled to a share of it; now, upon your oath, will you take upon yourself to swear, that it was so dark you could not distinguish the person of a man? - A. It was so dark that I could not distinguish the feature; it was very cloudy. Q. You told my Lord just now, that you had fastened the door? - A. Yes. Q. How long before this had you fastened the door? - A. All the evening I kept it fast. Q. How was it fastened? - A. With a lock. Q. How many persons live in your house? - A. Only my wife and myself; my wife was gone out to chapel; she did not come home till after this happened. Q.After you had fastened the door, did you go out to chapel? - A. I let her out, and fastened the door after her. Q. Did nobody else go out after that? - A. No; nor come in. Q. How did you fasten it? - A. With a lock. Q. After that did nobody else go out? - A. Not till after these gentlemen came in. Q.Was there any woman, or any body else lived in your house? - A. No. Q. Did nobody go to chapel with your wife? - A. Yes; there was a man went with her, he drank tea with us, and went out at the same time. Q. Is that the only security to the door all the night; do you fasten it any other way than pushing it to; was it bolted? - A. No; it was upon the lock. Q. You did not fasten it more than at any other time? - A. No. Q.Then how do you know that it caught at that particular time, more than at any other time? - A. I am sure it was fast. Q.Have you never found, upon the shutting the door, that it has missed the catch? - A. Never; I always try it. Q. This door was never opened at all after you had so fastened it? - A. No; not till they broke in. Q. Did you never open this door any time at all? - A. No. Q. Not for above ten minutes now? - A. No. Q. Upon your oath it never was? - A. No; it never was. Q. Have not you said so before,at the Justice's, that after you had fastened it, it was open for above ten minutes before the prisoners were in your house? - A. Never; because it was never open from the time I fastened it after my wife, till the time the prisoners broke it open. Court. Q. You heard them put the key into the door, did not you? - A. Yes. ROBERT HUDSON sworn. I am a constable: I was at Mr. Are's on the 7th of February; as soon as ever Mrs. Are went out to chapel, the door was fastened; I tried it myself, and it was fast; she had got but a very little way from the house before somebody came and knocked at the door, very hard, and kicked with their feet, several times; then I heard somebody say, at the door, damn them, I suppose they don't serve of a Sunday; then a woman came by, I could hear her walk in pattens; the door is quite close to the edge of the pavement; in the course of a few minutes, somebody came and put pick-lock keys into the lock of the door; the door opened, and somebody came in; then they shut it; I heard one of the people that came in, ask the other for some tinder; I heard some paper rustle, and then they began to strike with the flint against the steel; the sparks began to fly very near my face; I was close to the door, close to the prisoners; there is no passage to the house, it is only a slight partition, put up of a Sunday, to separate the passage into the house from the shop; I made a motion to Mr. Are to shove a bolt that he, had contrived to keep the door from opening above five or six inches; he did not shove it the first time, and then I moved him again, he shoved it; and then I immediately began laying on with this staff upon the prisoners; one of them, in the scuffle, struck me with something, I believe a crow, that was found upon the ground afterwards; and then I struck against something very hard, like iron; and here is a dent in the truncheon that was not in it before. Austin, the other officer, was in the parlour, he came out with the light, and then we secured the prisoners; I secured Tait; I handcuffed him; and in searching him, I found this knife, it is a very dangerous knife, (produces it). Court. There is no particularity in the knife, excepting that it has a very strong spring. Cross-examined by Mr. Knapp. Q. What time in the evening was it? - A. Between half past six and seven. Q. Have you been here before? - A. Not as an officer; I have been here, but not as an officer till now. Q. You know, of course, there is a 40l. reward? - A. I don't know any thing of it; this is the first year I have been an officer; I have heard it, but I don't know that this has any thing to do with it. Q. But you have heard of it? - A. Yes; I have heard that there is a 40l. reward for people breaking open houses. Q.But they did not break into this house, did they? - A. Yes, they did; but we did not find any property upon them. Q.Perhaps you may have heard there is a reward given by the parish, as well as 40l. upon each of these men's heads? - A. I have heard of it. Q. What is it? - A. Twenty or thirty pounds, I don't know which. Q. What sort of a night was this? - A. A wetnight; it had been raining all the afternoon. Q. Day-light of course was gone? - A. It was very dark. Q. As dark as at twelve o'clock at night? - A. It could not be much darker; it was a very wet night, and a very dull night. Q. You are sure it was quite dark? - A. Yes. FRANCIS AUSTIN sworn. I was at Mr. Are's; on the 7th of February, between six and seven o'clock, somebody came and knocked at the door ready to split the door almost, it seemed to be with their feet; and then somebody came and put a pick-lock key in the door; I heard it twice; I was in a back room in the house; directly afterwards I heard somebody in the passage striking a light; then a scuffle ensued with somebody; I judged it to be Mr. Hudson; and then I came out, and saw the two prisoners on the ground; I brought out a light with me. Jury. Q. Are you a constable? - A. Yes; I immediately secured Tabor, put the handcuffs on him, and searched him; I found in his pocket a dark lanthorn, and some tinder in a paper, and some tinder upon the ground; some matches, and a flint; and an iron crow lay between the two prisoners; these pick-lock keys, and a knife, I found in Tabor's pocket. Q. What time was this? - A. Before they began to pick the lock, the half after six was gone; but they knocked at the door rather before that time. Q. Was it dark? - A. It had been dark an hour; the candles were lighted at half past five; the watch was hanging just by me. Tabor's defence. We were taking a walk round Islington fields, and went into a public-house to smoke a pipe together, and we went into this shop for some tobacco; we had no sooner touched the door than it opened; and then we were knocked down and secured; they found nothing upon me but my pocket knife, till they came to the watch-house, and there they found upon me these pick-lock keys, which I have no doubt they put into my pocket; for they make their brags, in public-houses about that neighbourhood, that they should get two forty and two thirty pounds reward, if we were convicted. Tait's defence; We went to take a walk in Islington fields, and we went into this chandler's-shop to buy some tobacco, the door came open immediately, and there was a man knocked us both down, and said we came with intent to rob the house; he found nothing upon me but two bad shillings. Q.(To Austin.) Where did you take these things from him? - A. I took the lanthorn from him in the passage; I rubbed him down the things; and when I came to the watch-house, I saw the pocket was made to hang quite behind, where the picklock keys were. For the prisoners. JAMES JONES sworn. I am a watch-maker in Banner-street, St. Loke's; I have known the two prisoners five years, they worked for me as watch-finishers; they are very honest, industrious, sober men, as any I know; I always treated them as respectable characters, and held them in the highest esteem. WILLIAM GLAYS sworn. I am a watch-gilder in Old-street-road; I have worked for Tait ever since 1791; I have worked for Tabor ever since about two years ago, as a watch-gilder; I never heard any thing amiss of them in my life. JOHN CARLIER sworn. I am a fallow-chandler, in Church-street, Bethnalgreen; I have known Tait upwards of twenty years; I served my time to his father; I never heard a word against his honesty; I always supposed him an honest, industrious young fellow. HENRY ESHINGTON sworn. I am in the watch business; I live at No. 5, Tabernacle-square; I have known Tait about five years, he lodged with me upwards of two years, he was always very honest and industrious. ANN BEDDUL sworn. I keep a house in Charter-house-lane; I have known Tabor ever since he was seven years old; I never knew a stain upon his character in my life. ELIZABETH ESHINGTON sworn. I am the wife of Henry Eshington; the prisoner Tait lodged at our house; he is a very sober industrious man. Tabor, GUILTY . Death . (Aged 32.) Tait, GUILTY . Death . (Aged 26.) Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE. 169. WILLIAM SMITH was indicted for feloniously stealing, on the 29th of January , a piece of calico, containing twenty-one yards, value 30s. the property of Edward Longdon Macmurdo , Francis Hickes , and Thomas Theobald . (The witnesses were examined apart, at the request of the prisoner). (The case was opened by Mr. Gurney). ROBERT JOHNSON sworn. I am a day labouring man, I work in the roads about Old-ford : On Saturday the 30th of January last, I found this piece about nine o'clock in the morning, wrapped up in a smock-frock, in a gravel-pit, adjoining to the back of Mr. Macmurde's premisses; I took them to Mr. Theobald. Q. In consequence of any directions he gave you, what did you do? - A. I brought it back, and put it in the place I found it in; I watched from half after nine, or ten o'clock, till six the next morning; between twelve and one o'clock in the night, there came somebody and jumped into the pit, but it was so dark I could not see any body; I went over the bank, and felt about, but found nobody there; about six o'clock in the morning, Wil liam Smith came over the bank; he said he was going to get a few turnips; he came from towards Old-Ford, about eight or ten yards from the pit. Q.Whereabouts was he when he first saw you? - A. At the top of the bank; I was standing under the bank; he said, he was going to get a few turnips, there was no harm in that, that they did not belong to his master; he went and got the turnips and carried them home, I took the calico up again, and carried it to the counting-house; (produces it in a smock frock). Q.Is that the frock you found it in at first? - A. Yes. Q. Did you know the prisoner before this? - A. I have known him six or seven and twenty years. Q. Did you know that frock at all? - A. No. JOHN MILLS sworn. I have lived with Mr. Macmurdo about nine years; the prisoner has lived there about three months, jobbing about that ground. Q.During any part of that time, did he work with you? - A. Yes; in general. Q. For the last two or three days, in what part did he work? - A. Close to the drying-house. Q. Do you recollect any piece of cotton like that hanging up in the drying-house? - A. I don't. Q. What was the prisoner? - A. A labourer ; I was labourer with him. Q. Did you observe any frock upon the prisoner, in the course of his work? - A. Yes. Q.Look at that frock, and see if you know it? - A. Yes; I know it very well, it is William Smith 's frock: I know it by a great hole that commonly came on the left side, and by a different kind of stuff patched upon the shoulder; they call it fine Hessian. Q. Are you quite sure that was his frock? - A. Yes. Prisoner. Here is the frock I used to work in, to do dirty work. Witness. This is not the frock, my Lord. Jury. Q. How came you to take particular notice? - A. We mostly worked together; I have often taken notice of it. Jury. Q. Did you ever see him wear this frock? - A. No; never in my life. Court. Q. What makes you so positive to that frock? - A. I am certain that is the frock that he wore. Court. Q. Will you undertake to tell the Jury, that from to day he always wore that frock? - A. This is the frock he generally wore. Court. Q. You undertake to say, every day, that he wore that frock for three months? - A. Most days; I was sometimes called off to another job; I always took particular notice of this hole and the patch; we were mostly at work together. JOHN JARVIS sworn. I am loftsman to Mr. Macmurdo. Look at that calico. - A. It is Mr. Macmurdo's pattern; there had been none of it sold; whenever there is a new pattern, I put them in a pile, all separate. Q. Upon this being brought to your master's house, did you examine the cotton in the drying-house? - A. Yes; I found one piece missing. Q. Are you sure that is your master's property? - A. Yes; the pattern was just began coming in. Q. Did you at any time work with the prisoner? - A. No; I am quite out of the field. WILLIAM MERRY sworn. I worked with the prisoner at the bar, about three months, as nigh as I can tell; he usually wore a smock frock to work in. Q. Should you know it if you were to see it? - A. Yes; (looks at both of them); this is the one,(the frock produced by the first witness); I know it by a hole in it, and a patch upon the belly part. Q. From your working with the prisoner, have you taken any particular notice of the frock he wore? - A. I have noticed that there was a patch, and noticed the hole. Q. You worked with him constantly? - A. I was his foreman; I have sent him about his work, and he used to go immediately. Jury. Q. How came you to take such particular notice of that patch? - A. I have seen him wear it. Q. Look at that other frock, is that the one he used to wear? - A. I never noticed him with this frock at all; I don't know that it is his; this frock I know to be his, by what I told you. Q. Look at the other, and see if there are any holes? - A. Here is a hole like it. Prisoner. Q. Did you ever see me take any thing off the ground? - A. Never. Jury. (To Johnson.) Q. How was that wrapped up when you found it in the gravel pit? - A. It was put in the inside of the frock, rolled up very close. EDWARD LONGDON MACMURDO sworn. I am in partnership with Francis Hickes , and Thomas Theobald. Q. Look at that piece of cotton, and see if you know it? - A. Yes; I know it by the pattern; it is a design that has been selected by myself, and of which none had ever been sold; this is the only piece, of this print, that has ever been out of our possession. Q. Are there any marks upon it at present? - A. No; the name, and Excise stamp, are actually torn off; but I have no difficulty in swearing to it, because it is a design of my own. Q. How long had the prisoner been in your service? - A. Between two and three months. Q. In what employment was the prisoner? - A. A labouring man, or gruffer; he worked the week in which this was lost, in the drying-house; a place where this and other pieces are put, for the purposes of being finished. Jury. Q. Did you ever observe his frock? - A. No, never. Prisoner. Q. Did you ever see me take any thing off your premisses? - A. No, never. Prisoner's defence. My Lord, I am not guilty of it; I never did any thing about it; I never took any thing from any body, except it was a few turnips from a field. The prisoner called Charles Venter, who had known him ten years, and gave him a good character. NOT GUILTY . Tried by the second Middlesex Jury, before Mr. Justice Rooke. 170. JAMES MOSTYN , MARY WINGROVE , JOHN KELLY , the elder , and JOHN KELLY , the younger , were indicted, for that they on the 16th of February , a piece of false and counterfeit copper money, made to the likeness of a good halfpenny, feloniously did coin and counterfeit . (The witnesses were examined apart, at the request of the prisoners). JOHN ARMSTRONG sworn. I am an officer belonging to the Public office, Worship-street: On Saturday, the 6th of February, I went with a warrant to the house of Mostyn; the prisoner, Mostyn, was sitting down at a table, I was in the kitchin part; I told him I had a warrant to search his house; I went up stairs, and on the landing-place, up one pair of stairs, I found some papers containing some counterfeit halfpence, some with the impression, and some without,(producing them) I came down immediately with them, and searched the drawers, where Mostyn and Wingrove were; in the drawers I found these two other papers, containing some blank halfpence; and another paper with some farthings that have got the impression on; the prisoners, Mostyn and Wingrove, were then secured; we then went from that house to a house where Kelly and his son were found, at No. 1, Bellalley; I had been round, and looked at the back of the house, and returned, and knocked with my feet hard; Kelly came and opened the door, he was without a hat, and a handkerchief tied round him as if he had been unwell; the lad was without a hat and coat. I told Kelly I had a warrant to search the house, and would he come and see what we did? he said, give me your names, and do what you like; I wrote the names of the five officers that were present, on a piece of paper; I told him Mostyn was in custody; and asked him had Mostyn any thing to do with that house, or came there; he said, no; there was a closet in that room where Kelly, his son, and family, were just going to dinner; it was a lower room; there was the appearance of a trapdoor in the room, in the bottom of the closet, that was pulled up, and Ray was let down into the cellar; after he had been in the cellar a few minutes, with a lighted candle, he holloaed out, "secure the people; here is the press, with a halfpenny in it." I went down afterwards, and saw a stamping-press standing, with a pair of plain dies fixed in it; not with the impression of Britannia on them, they only produce blanks; there was a box that contained some saw-dust, which is used to blacken the money: there is a person that stands by the press to feed, two pulls, and one feeds; there were four candles hanging up on a nail against the wall; there were three arched vanlts together, such as might be used for beer, or any thing else; there was a door to it with a lock and key in it, and a bolt, that any body, being inside, might bolt it; the upper part of that cellar, which was under another house, of one Bailey, a broker, was a boarded floor. Q. The door that led to the premisses of Bailey was blocked up? - A. That door was fixed to the part of the cellar where the arch was. Q. There was a cellar, not an arched vault, which entered into the third? - A. Yes. Q. And within the door of that there was a bolt, by which any body might keep themselves in? - A. Any body might be in the cellar and not perceive them. Q.Where was the press and those other things found, in the cellar or the vault? - A. In the vault there was a bench which I saw, where they might paper them up; it is in Ray's possession; there was some brown paper by it; after we had found these, I looked at the front cellar, and went up a pair of stairs and found the stair-case that leads into Mr. Bailey's shop, a broker, who is here; but against that door there were a couple of wooden spars fixed against the wall, that nobody, at Bailey's, could open that door, as it appeared to me. Q. Did that door appear to you to be opened lately? - A. Not at all; quite to the contrary; the two spars were fixed against the wall; and the cobwebs and dust all about it; on the examination of the prisoners, when they were committed, the money was looked at; and the halfpence I found in Mostyn's house, appear to have a ridge on one side; and comparing them with the dies found in that press, there is a flaw in that die; they correspond exactly; I have them here. Cross-examined by Mr. Knapp. Q. You talked about the blank halfpence; they were nothing but blank pieces of copper, were not they? - A. Yes; such as I have seen in circulation, and do every day; but there were some struck with the dies. Q. You saw Mostyn? - A. Yes. Q. He had been reading till you went in? - A. Yes. Q. How was he dressed? - A. As workmen in general are. Q. There was nothing particular about him? - A. No; nor the woman neither. Q.When you went into Kelly's house, you asked Kelly, whether Mostyn used to come to that house; and he denied it? - A. Yes. Q.Where is Mostyn's house? - A. No. 1, Ar thur-street; and the other, No. 1, Bell-Alley; they are the next ally to one another; there is no communication between the two houses. Mr. Ally. Q. You tell us, that when you went to Kelly's house, that they opened the door, and told you, that if you would give your names, you should be admitted to see what you pleased? - A. Yes. Q. Pray what kind of cellar is this; what may be the depth from the floor of the room to the ground of the cellar, into which you afterwards went? - A. I dare say, between eight and nine foot; I take it more nine than short of it. Q. Then a person being in that cellar could not, without assistance, get up into Kelly's room? - A. I got up with a chair. Q. There were three doors; the trap-door, through which you got into the cellar, another from the street, and another from Bailey's? - A. No; whatever communication from the street, must come through Bailey's shop, by taking up some part of the window in his shop. Q. There was no other communication than that you saw, through Kelly's, and through the shop? - A. I searched attentively and could find none. Q.These vaults run under other houses? - A. Yes. Q. What size was this machine with which the dies were struck? - A. It is here. Q. What was the width of the trap-door? - A. Two foot. Q. How did you get the machine up, could it have been introduced in at the trap-door? - A. Yes. Q. You did not bring it through that way? - A. No; because we had a coach brought to the door, and came through the broker's shop; the house was up an alley. Court. Q. Were there any stairs from this trapdoor to the cellar? - A. None. Q. But there were stairs to the broker's shop? - A. After I had got possession of the tools, with my candle, I went to the further end of the cellar, and found it boarded, not arched; I then went round through the street into Bailey's shop, and asked, who had the key of that door, (the door that was sparred); and they said, one Myers; I came to the further end of the cellar, with a sledge hammer, and he came and removed his goods. Q.It must have been some trouble to open the door going into that shop? - A. Yes; with a hammer. Q. There was no trouble the other way, and you chose that troublesome way? - A. The stock of the press is a very heavy piece of iron, and we chose that for the most convenient way. Q.Those bits of copper, that you found in Kelly's, were not stamped? - A. Ray has them here. Q. They were not stamped? - A. There were some stamped. Q. I understand you to say, that only those found in Mostyn's house were stamped? - A. I said, there were some found but I did not compare them. Q. Was there any boarding over this trap-door, which went into the cellar? - A. Yes; three boards nailed up. Q. It was so covered that you did not discover it at first? - A. We knew it was. RICHARD FERRIS sworn. I went, on the 6th of February last, to Mostyn's house; in the cellar, we found an edging tool, (producing it); it was nailed to a block; I found a little emery, and a saw, that was all. Q. Was that block fixed? - A. Yes. Mr. Knapp. Q. You know the prisoner Mostyn is a hatter, don't you? - A. Yes. Q. Did you ever know that that was used in the hatting business? - A. Not that I know of. Q. This block was not fixed? - A. This was fixed to the block. SAMUEL HARPER sworn. I am an officer: I went, on the 6th of February, to Mostyn's house, with my brother officers; Mostyn was sitting at the table; he had been reading; I secured the prisoner, and searched his pockets, and found these two papers; I stood over him all the time they were searching that house, and part of the time they were searching the other, (produces them). Q. Did you find any thing else? - A. No; then I went to Kelly's house. Cross-examined by Mr. Ally. Q. Were you in the closet in Kelly's house? - A. I saw the place where Ray and the other officers went down; but I did not go down myself. Q. Was this closet very dark? - A. No; not when the door was open. Q. But in such a way, that persons coming to take lodgings, might not have discovered it? - A. No; if the door was fast. Court. Q. Where was this closet? - A. At the further end of the room, as we went in at the door, by a back window. Court. Q. It was a closet that opened into the room? - A. Yes. Court. Q. Was it locked? - A. No. Q. Was the door of the closet obvious to people's view? - A. Yes; young Kelly's hands were pretty dirty, as if he had been at work; the other officers were there before me. JOHN RAY sworn. I went to Kelly's house, with Armstrong, Harper and Blackiter; I went to the back part of the house and heard a knocking; I said to Armstrong, they were knocking something to pieces, the curtain was not drawn quite close; I heard the knocking cease, and saw Kelly, the father, come out of a place on the outside of the house that looked like a closet; that closet was level with the back window; we could not get in at the back door, we knocked there. Q. Had Kelly any thing in his hand? - A. Not that I observed; I went round to the front door, and there we got in; we went to the closet in the lower room, out of which I saw Kelly come; I went to this closet with Armstrong, we looked, and there was a hole about two foot square; the boards were cut, and a door pulled up; at one corner of it there was a new nail stuck in it, drove within a quarter of an inch of the head; I pulled it up and let myself drop into the cellar; Armstrong gave me a candle; the moment I dropped through this hole, there was a door open, and there were three large arches covered with brick; I looked in the first and saw nothing; I went into the middle one, and at the further end of it I saw a press fixed; I returned to the hole where I got down, and informed Armstrong that every thing was right, there was a press and every thing for coining in the cellar; Blackiter and Armstrong came down to me; these are the dies that were fixed in the press, there is a very particular mark in one of the dies. Court. Let the Jury look at it, and compare it with the mark in the halfpence. Ray. This halfpenny I found between the dies; all the things that I found in the cellar are here; I found a great many halfpence there, (producing them); I found a pair of trowsers, a jacket, and a bed-gown, and some bags with saw-dust, and sieves, they are all here; a paper of brimstone; I went the same evening again, and examined the situation of the premisses; the cellar is a very long one, it formerly belonged to a public-house, there is a flap in the street where the beer was let down, and another door that goes down a dozen stairs, but that is so barracaded with wood, that it is impossible for any body that lives in the front house to go down; Mr. Bailey, a broker, lives in the front house; then you go down fifteen or sixteen yards, and then a door opens that lets you into these three vaults; they are about twelve or fourteen yards in length, each of them; in one them there was a deep hole dug, where there was a great deal of water; there is no communication at all that I could see, but through this cellar, no way in the world. Q. Did you look at the prisoner Kelly's hands? - A. No. Cross-examined by Mr. Knapp. Q. All that you have been relating is with respect to Kelly's house? - A. Yes. Q.Mostyn was not by? - A. No. Mr. Ally. Q. I understand you that this trapdoor was nailed down? - A. A new nail stuck in it, but not drove quite down. Q. And a cellar communicates? - A. Yes. Q. Do you know how long Kelly had lived in this house? - A. No. Court. Q. The door was open? - A. Yes. WILLIAM BLACKITER sworn. I went with the other officer to the prisoner Kelly's house, young Kelly was standing with his coat off; I looked at his hands, they were all black and greasy; I did not observe the elder Kelly. Cross-examined by Mr. Ally. Q. He told you, I believe, that he had been cleaning shoes? - A. Yes; but I am sure it was not that; I did not see any shoes. Q.(To Armstrong.) Look at all these implements produced by the other witnesses, and see what is the use of them; I believe you have had a great deal of experience in the coining business? - A. This is an edging engine, this is to round the edges; I have been at the apprehending of many coiners; I have always seen such as these. Mr. Knapp. That was found in Mostyn's house; that would not coin of itself without something else? - A. No; this is a stamping-press; here is a sieve; that when the halfpence, or money is coined, they fist it to get the saw-dust from it, and this is handier than a wire one; the saw-dust is mixed with oil to make them greasy, for they are boiled in brimstone; it puts a greasy black upon them, to make them better for circulation, it takes off the newness; this cross bar is a fly, a couple of weights are fixed at each end for farthings, it is lighter than the other; this is the fly, one seeds it, sitting in a chair, and two pull it round, and it receives the impression, either plain or whatever the dye is engraved with; this is fixed in a large piece of wood in a cellar, and then nothing can be heard but a jarring found, the earth keeps any person from hearing it; it flies downward, and here the dye is placed. Q. Are you able to say, from your experience, that these implements, found in Kelly's house, were complete for coining halfpence? - A. They will make plain halfpence, or with a stamp. Q. Look at the halfpence, those found at Mostyn's, and those found at Kelly's? - A. They are all counterfeit. Mr. Knapp. Q. All those things found in Kelly's house, are compleat for coining? - A. Yes. Q. What you found in Mostyn's house, could not be? - A. No. Mr. Ally. Q. Button-cutters make use of the same kind of presses? - A. I have seen them worked by the hand by women, it is too heavy a press for making buttons; besides, they generally work for buttons in garrets, not cellars. Court. Q. What quantity of halfpence were found at Mostyn's? - A. Six papers; some stamped and some unstamped; some that are stamped appear of the date 1775; there are six papers, each containing 1l. 10s. Court. Q. Do any of those found at Mostyn's appear to have the flaw of the die found at Kelly's? - A. Yes. Q. How many? - A. A great quantity; but I cannot ascertain, without it was counted. Mr. Knapp. Q. There were some that had not that flaw? - A. Yes. Q. They were all tied up in separate papers? - A. Yes. Court. Q. Can you say, by looking at a piece of copper, whether it has been passed under the edging tool or not? - A. Yes. Look at those found at Mostyn's. - A. Yes; they have all passed under the edging tool. Court. Q. Look at some of those found at Kelly's, and see whether they have been under the edging tool? - A. Here are four of them that appear not to have been under the edging tool; the greater part of them have. Q. They are always passed under the edging tool before they are fit to circulate? - A. Generally, because they don't go so well; they are not reckoned finished, some call it rounding, and some edging; here are some that were found down with the press, and these have never been edged. Mostyn's defence. When the officers came into our house, I was reading over a book, and they asked me my name; I told them; they asked what I was; I said, a hatter; they went up stairs, and on the landing-place, I believe, they found these things; and then they went down stairs, and said, there was nothing there, only that block and that machine; and they took them away, and took me into custody; there is no communication between my house and Mr. Kelly's; that is all I know; the things were there, and they were left there by somebody. Kelly, the elder's, defence. Our premisses are seventy or eighty feet long; the front comes into Goswell-street, and the cellar runs under four houses; the next evidence, though he is against me, will prove, one of his children had like to have broke his neck down there; there are a great many communications; I am told it was a bad house before I came to it; these gentlemen, you know very well, swear for gain; they must get something by it; and when it is so; if they can swear a man's life away, and foul to, it is done; the man that is to come in next has been much urged against us; the Justice exposed him to us, or we did not know it; my son is apprenticed to me; I am a cabinet-maker; he is as innocent as the child unborn; I am a freeman of the city of London; he is only fifteen years old. Kelly, the younger's, defence. I know nothing about it; I know the hole was there before we came there. Court. (To Mostyn). Q. Whether you mean to give any account of these things found in your house? - A. The engine has been left there by a person that desired me to take care of it; and the block to these halfpence was behind the door; they were left there; I did not know they were there.(The prisoner Kelly called two witnesses, who gave him a good character.)(The prisoner Mostyn called three witnesses, who gave him a good character). Mostyn, GUILTY . (Aged 36.) Fined 1s. and imprisoned in Newgate one year . Wingrove, NOT GUILTY . Kelly, the elder, GUILTY . (Aged 47.) Fined 1s. and imprisoned in Newgate one year . Kelly, the younger, NOT GUILTY . Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE. 171. JOHN BARNETT and ISAAC MOLLOY were indicted for breaking and entering the dwelling-house of William Ward , about the hour of ten in the night of the 29th of January , with intent to steal the goods in the dwelling-house at that time then and there being . (The witnesses were examined apart). WILLIAM WARD sworn. I live in East Smithfield ; On the 29th of January, about half past nine o'clock, I was at the watch-house, upon duty; when the prisoners were brought to me, at the watch-house, charged with breaking my shop windows; that is all I know about it. JOHN HARROP sworn. On the 29th of January, I saw the prisoners cut or break the glass of Mr. Ward's window, with some instrument or other; I went into the shop to see what they were doing, and I saw the glass that was broke, and some halfpence and farthings lying under it; they had not got the piece out then. Q. In what part of the house was it that this glass was so broke? - A. The shop is in the front of the street; after I had been in and seen what they were doing, I came out, and passed them; I walked up the street about twenty yards; I crossed the street, and came down the other side; just as I got against them, I saw them take the piece of glass out; and one put his hand into the hole; but I could not see which; I saw his fingers in; but I did not see him take any thing out; I saw it afterwards; and put my hand into it. Q. Was there any thing within reach of the persons, if they tried? - A. There was about five or six shillings-worth of halfpence lay just under the hole, that any body might reach it with their hand. Q.How came they to leave off the attempt? - A. I believe I took them before they had the opportunity; they began to cut the place larger; I thought myself not capable of taking them, and I went to Mr.Hill's, the next door but one, to get a man to assist me; he stood about ten yards from me, while I took them both by the collar, and then he came and laid hold of one them; one of their hands was part of the way in at the window, at the time I laid hold of them; but they stood so close together, I could not tell which of them it was; the other witness can tell; we took them to the watch-house that night, and the next morning they were taken before the Magistrate in Lambeth-street. Cross-examined by Mr. Knapp. Q. I believe, when you were at the Justices, the two men were offered to go as soldiers? - A. I believe there was something mentioned. Q. The Justices thought they were proper objects to serve his Majesty? - A. I did not hear the Magistrates offer it; I believe it was one of the clerks. Q. This was between nine and ten at night? - A. Yes. Q. How far were you from this house? - A. I live next door to it. Q. There were some halfpence near? - A. Yes. Q. So near that they might have laid hold of those halfpence, if they had thought fit? - A. Yes. Q. That they did not do? - A. I cannot say whether they did or not. Q. Were you present when they were searched? - A. Yes; five pennyworth of halfpence were found upon one, and a knife; and, I think, to the best of my recollection, 3s. 6d. Q. There were no implements of house-breaking found upon them? - A. No; only a knife. Q. But no crow, or any thing of that sort? - A. No. Q. You have a knife yourself; I dare say every body has? - A. Yes; I have one now. Court. Q. How was it broke? - A. It was broke, by some instrument drove in between the putty and the glass. Mr. Knapp. Q. There was no diamond found upon them? - A. No. Q. You know that there is a reward in this case? - A. I don't do such things for reward. Q.You have heard of such a thing as a reward for each of them? - A. I have; but I did not do it for that. WILLIAM TAYLOR sworn. When I came out of my master's house, I saw one of them with his hand in the hole of the window; the last witness got hold of one, and I got hold of the other; and we took them to the watch-house; Molloy offered to pay for the window, if we would not keep him in the watch-house. Q. Did you observe the hole of the glass, where it was broke? - A. About half of the glass was broke. Q.Was it big enough for a man's hand to go in? - A. I cannot say. Cross-examined by Mr. Knapp. Q. You don't know, whether the pane broke was large enough to admit a man's hand? - A. No. - AINSLEY sworn. On the 29th of January, I was in the watch-house; I am the keeper of the watch-house; the two prisoners were brought to me, and given charge of; I asked what the charge was; they told me, they had been cutting windows at Mr. Ward's. Q. Who told you that? - A. Taylor and Harrop; with that, I searched the prisoners immediately, and found five pennyworth of halfpence upon one and a knife; and I searched the other, Molloy, and found 3s. 6d. in his pocket, and a knife; so that there were two knives between the two; Molloy said immediately, I will pay for the window, if you won't detain me. Q.This was about nine o'clock? - A. It was a little before ten when they were brought to me. Q. Had you any curiosity to go and see the win dow? - A. Not directly; I went that way home, and saw it. Q. How was it broke? - A. There was a piece out big enough to put one's hand in. Jury. Q. Was the putty removed from the window? - A. Yes; and there was the mark of it on the knife. Cross-examined by Mr. Knapp. Q. You saw the window afterwards? - A. Yes. Q. Did it appear as if it had been broke before and mended with putty, or was it a whole pane? - A. No; it had been broke before, and puttied across, but it was cut nearer the frame. Q. You had an intention to discharge them? - A. No; I said, it could not be. Q. This window had been broke and puttied? - A. It had been broke across, but the piece did not appear to have been out, but the putty was put to keep it whole. Barnett's defence. I was going along, and a man bid another man lay hold of me, and said he would bring another; he says he took the money out of both of our pockets; it was all taken out of mine; the prosecutor said, before the Justice, that the window was broke before. Molloy's defence. I was coming by the place, a man laid hold of me, and took me into the shop, and asked if the man had lost any thing; he said no; but the window was broke.(The prisoner, Molloy, called four witnesses, who gave him a good character).(The prisoner, Barnett, called three witnesses, who gave him a good character). Both Not GUILTY . Tried by the second Middlesex Jury, before Mr. Justice ASHHURST. 172. WILLIAM BELDHAM was indicted for feloniously stealing, on the 22d of January , a leather portmanteau, value 1l. two cotton night-caps, value 6d. two neckcloths, value 5s. four stocks, value 8s. five pair of silk hose, value 3l. five shifts, value 3l. 15s. a cloth night-cap, value 2s. a muslin night-cap, value 3s. three muslin caps, value 15s. two silk handkerchiefs, value 5s. six muslin handkerchiefs, value 12s. two cloth aprons, value 5s. four pair of cotton stockings, value 12s. a gold pin set with stones, value 20l. a gold ring set with diamonds, value 20l. a pair of silver shoe-buckles, value 20s. and a pair of silver knee-buckles, value 10s. the property of James Baril . JAMES BARIL sworn. I am a merchant in Winchester-street; I had been to Southampton; I returned on Friday the 27th of January. Q. When had you seen your portmanteau last? - A. I saw it tied on the chaise near Kingston. Q. Was there more than one portmanteau? - A. Two portmanteaus. Q.What time of day did you leave Kingston? - A. About five o'clock. Q.Where were they tied, to what part of the chaise? - A. The fore part. Q. Did you see it after that? - A. I believe it was safe till we came to London-bridge; at least, I think I saw it there; when I came to Winchester-street, the first thing I heard was, that one of the portmanteaus was cut off; I think I saw it on London-bridge; I apprehend it was cut off between the bridge and Gracechurch-street ; we had a stop of about two minutes by the Monument, there I apprehend it was cut off. Q. Who was in the chaise with you? - A. My sister, and sister's maid. I sent up immediately to Bow-street, to get an advertisement in the paper immediately, and to give a reward of ten guineas; I had information that a portmanteau was to be seen at the Justice's office, Guildhall; on the Monday I went to Guildhall, and saw the portmanteau. Q. Was that your portmanteau? - A. Yes. ANN HIGHETT sworn. I am servant to Mr. Baril's sister: I saw both the portmanteaus strapped on safe at Kingston, about five o'clock, as near as I can guess. Q. Where were they strapped on? - A. In front. Q. Did you see it after that? - A. I cannot say I saw it after that, till it was missed in Winchester-street; it was strapped on with four straps, three of them were cut, the fourth strap kept the other portmanteau on. JOHN LEWIS sworn. I am a porter. Q.Where were you on the 29th of January? - A. On a Friday evening, the day of the month I do not know, it was after six o'clock; I went from our warehouse, Old Swan-stairs, with a gentleman and lady, and three parcels, to Gracechurch-street, to get them a coach; I put the three parcels into the coach, and the lady and gentleman, and they gave the direction to go to Balsover-street, Oxford-road; I turned back towards London-bridge; I believe it was just by the Nag's-head, Hare-court, I saw a post-chaise coming up full trot; and I saw a man run to the door of the post-chaise, which I thought was open, till I saw him pull the portmanteau from before the chaise; he came on the pavement where I was, within three or four yards at furthest; when he came on the pavement, he dropped it down in the inside of his coat, and made a little running of it; I run after him, and another man came and gave me a blow on the back of my head against the shutters, I was not down; the per son that gave me the blow, ran to the man with the portmanteau, I suppose he was not six yards from me, and he catched hold of the portmanteau, and took it away; I was in a confusion, and ran after them both; I came as far as the corner of Great Eastcheap, to turn up towards Cannon-street, it struck in my head somebody else would give me a blow, and I looked round to see if any body was coming after me, and cried out "stop thief." three or four times, very loud; and, afterwards, the men went out of my fight; I was so slurried, I followed one of the men, he went down St. Michael's-lane, I went after him; when I came there, there was a crowd, and the patroles got hold of him, and that was the person that took the portmanteau from the chaise, but it had been taken away from him by the other, in Gracechurch-street. Q. You saw a man go up to the door of the chaise, and draw the portmanteau from under the chaise? - A. Yes; and pull it out; it was before between the wheels. Q. Did you observe any man under the perch? - A. No; I don't know there was any body else till I received the blow. Cross-examined by Mr. Knapp. Q. The person that was apprehended by the patroles, had not the portmanteau with him? - A. I was not there when he was apprehended. Q. You say the persons, whoever they were, that went from the chaise, you followed them? - A. Yes. Q. You had not, while you followed them, an opportunity of seeing their faces? - A. I saw his body, it was very light; he had lank hair behind. Q. You did not see his face? - A. Yes; I saw his face when he came from the chaise. Q. Had not you lost fight of the persons before the prisoner was taken? - A. I had not lost fight of them till I called out. Q. Were there not a great many personsin Grace-church-street? - A. Upon my word I never counted how many there were; I was in a slurry myself; I was looking after this piece of business. Jury. Q. How do you know that was the man that was taken? - A. I know by his cloaths he had on then; I went with him to the Compter. Court. Q. How do you know the man that was stopped was the same man you saw at the chaise? - A. By seeing him before; I saw the gleam of his face. CHARLES HOWES sworn. I am a wine and brandy-merchant; I had just left my own counting-house; about the hour of seven, coming out of Crooked-lane, into Great-Eastcheap, I heard the cry of stop-thief; I was rather confused, but I almost run against a man with this said portmanteau upon his back, which is in court; I said, my friend, what have you got? the man made answer, damp your eyes, what is that to you; he then threw it down and ran away; I at the same time saw the prisoner at the bar near to him, he comes up directly to the portmanteau, and made use of the same expressions that were made use of by the man that ran away; he took the portmanteau, by force as it were, between him and me; he turned down Crooked-lane with it; I prusued him a very little way in Crooked-lane, he threw it down; but seeing the portmanteau in sate custody of a man I knew, I still pursued; I cried,"stop thief," for the man was gaining ground; at the corner of Crooked-lane, he turned round with a knife, I believe it was, and swore he would cut my bloody liver and lights out, and any body that came near; in that predicament I found myself embarrassed, and struck at him with a whip I had in my hand; he then ran down Miles's-lane, which is in a direct line with Crooked-lane; I still pursued, and cried, stop thief, he was met by two patroles, the corner of Three-tun-court, and was knocked down, and with difficulty we took him into custody. Q. You are sure this is the man? - A. I am very clear this is the man that rescued the trunk. Cross-examined by Mr. Knapp. Q. It was dark? - A. You can judge of that as well as me, it was near seven o'clock. Q. Had you ever seen him before? - A. I cannot take upon me to say, I believe I have. Q. Will you take upon you to swear this was the man you saw with the trunk? - A. I do take upon me to swear pointedly that he is. HENRY KENT sworn. On Friday the 22d of January, as I was sitting in my master's shop, in the evening, about seven, I heard a cry of stop thief, I ran to the door and saw the prisoner and another man; the other man had a portmanteau on his shoulder, I tried to stop him, he threw it down in the kennel, and the prisoner came and took it up; I pursued him and laid hold of his coat; I took hold of it, and cried, stop thief; he was soon surrounded, he drew a knife out of his pocket, and said, blast you, I will cut you, or any other man, what do you want with me; when I had got the portmanteau on my shoulder, Lewis came-up and said, where do you live, that is the man that took it from the chaise, the knife was picked up; I saw him draw a knife, I did not pick it up, I cannot swear that is the knife. - sworn. I saw the prisoner stopped, I came up to assist, and I picked up this knife, (producing it). Mrs. Highett. That is the portmanteau I packed up at Southampton; I have the keys; there is a smaller trunk in the inside, I have the keys of both.(The things were produced and deposed to.) Prisoner's defence. I was coming up the street, and heard the cry of stop thief; there was a gentle man stopping a man, he dropped a portmanteau in the kennel, I picked it up, a man came up, and said what business have you with this; I said, if it was stole, I had a right to take it up, and the man struck me, and then I offered to strike again; I then went to run away, and the patrole stopped me. GUILTY . (Aged 20.) Transported for seven years . Tried by the London Jury, before Mr. COMMON SERGEANT. 173. SARAH DOVE was indicted for feloniously stealing two pint pewter pots, value 1s. the property of Edward Lane , January the 21st . JAMES MITCHEL sworn. I served my time to a hair-dresser: On the 21st of January, I saw the prisoner go into the house of Mitchel and Towless, in Pancras-lane, Queen-street, Cheapside , and take a pot out of the passage; it stood on the left side upon the hatch; I saw her come out, and I stopped her, and took the pot from her; I gave the pot to Mr. Lane, in Bucklersbury. Q. What time was it? - A. A little before nine. Q. Was any body in the passage? - A. I believe nobody but the woman. EDWARD LANE sworn. I am a publican ; I keep the Green-man, in Bucklersbury : On the 21st of January, between eight and nine, James Mitchel ran to me and said, Mr. Lane, a woman has stole a pot of your's out of Mitchel's and Towless's; I ran out, and he gave the pot to me, he had let the woman go; he called out and said to Mr. Trueman, that woman has been robbing Mr. Lane of pots; he stopped her, and I took another pot from under her cloak.(Join Penny produced the pots, and they were deposed to by the prosecutor). Prisoner's defence. I was in very great distress. Prosecutor, She had an apron full of broken bottles, when I took the pot from her. GUILTY . (Aged 70.) (She was recommended to mercy by the jury.) Imprisoned one week . Tried by the London Jury, before Mr. COMMON SERGEANT. 174. JAMES PARKS was indicted for feloniously stealing, on the 4th of February , a silver watch, value 30s. a steel chain, value 6d. two cornelian stone seals, set in gold, value 5s. a brass watch-key, value 1d. the property of Henry Watkins . HENRY WATKINS sworn. I live in Greville-street, Hatton-garden, I am an auctioneer : On this day fortnight, the 4th of this month, I was coming down Fleet-street , and as I was passing the Globe-tavern, at half past seven in the evening, there was a scaffolding up, and a heap of rubbish round it, they were repairing and ornamenting the front; just as I had passed the end of it, there was a glare of light, I walked pretty briskly to get past, and at the end of it, tow rds the Fleet-market, I had my watch taken from my pocket, by a sudden jirk, by a well-dressed man; he went on directly; I clapped my hand to my pocket, and missed my watch, I sprang after him, and just touched his shoulder, he turned the corner, and I, endeavouring to do the same, had a violent fall, and just my ancle; I had an opportunity of seeing his face; as he took the watch, he turned as if he was going to speak to me, but it was very momentary; the prisoner at the bar appears to me to be the man, but having only that glance of him by the glare of light, and following his back, he appears to be the same, though he was very different in his dress to what he is now; he had a brown great coat; I saw obliquely his face, the corner of Salisbury-court, he ran towards Fleet-market; on the opposite side of the way; I had like to have been run over by a coach, as I believe he had; he then turned back and ran towards Salisbury-court; I will not be positive to his face; my watch was afterwards found; I went before the Magistrate the next day; a gentleman brought an advertisement of a watch found in Shoe-lane, where the prisoner was taken, to apply at No. 2, Shoe-lane; I was sitting with the Alderman, he shewed me the hand-bill, and said, Watkins, here is your watch, and he sent for the party. Cross-examined by Mr. Knapp. Q. You very candidly say, you cannot swear to the man? - A. The prisoner at the bar is very like the man that passed by me, and took the watch, and that I pursued; I lost sight of him in Salisbury-court, till he was taken in Shoe-lane. Court. Q. How came he to be taken? - A. I followed him to the corner of Salisbury-court, where I was exceedingly same, and could not pursue him. Q. Did you cry stop thief? - A. I did not, after I fell down; at first I halloa'd out stop thief, and he ran towards Shoe-lane. Q. When he was taken, did you come up to him? - A. I did, in a few minutes. Q. When you came up to him, what coat had he on? - A. A brown coat; and appeared to be the man I pursued. Q. Did you charge him, at that time, with having robbed you? - A. I did; some people said they would take care of him; I said, there should be a constable sent for to take him to the watch-house; they took him, as I thought, to St. Bride's watch-house; as I went by I found it shut; and somebody said, he was taken to the Compter; I went to the Compter, and found him there. Q. Did any thing pass between you there? - A. Nothing; only I said, you are a clever person, I give you credit for your abilities. Mr. Knapp. Q. It was half past seven in the evening? - A. Yes. Q. A great number of people were passing? - A. There were. Q. You got into a crowd, and endeavoured to extricate yourself from it? - A. Yes. Q. You were not by when the prisoner was taken? - A. No. MORE PRICE sworn. I am servant to Mr. Rowen, at the Globe tavern, Fleet-street: This day fortnight I had been out on business for my master; and I returned between seven and eight in the afternoon; I went through our coffee-room into the kitchen; I turned into the yard, and heard some people mustering in the street; I ran out at a back door, and heard the cry of "stop thief;" I saw Mr. Watkins, just at the end of Salisbury-court, try to catch at the prisoner with a small stick; upon which, he cried, "stop thief;" the prisoner passed me, from Mr. Watkins, up into Shoe-lane; he ran up Shoe-lane, and I ran after him; just at the bottom of Shoe-lane I clapped my hand upon his shoulder, and told him he must stop; there came up two men and said, they would take care of him, and rushed between him and me; I said, I would not lose him; one gave me a blow on the back part of my head; I turned round, and looked at the prisoner; he took the watch out of his pocket, and chucked it under his left arm. Q. You did not see what sort of a watch it was? - A. No; it was a watch and chain; Mr. Watkins came up, and said, hold him, he has robbed me; they made another attempt to take him from me; I would not let them; and the constable, Bird, came up to assist me; the constable went with me down Fleet-street; and he dropped a bag, with something in it, which was picked up; we took him to the Compter; that is all I know; he had a brown great coat up, with straps backwards and forwards; he had a close coat under it; but I did not take particular notice of it. Cross-examined by Mr. Ally. Q. You heard the cry of stop thief? - A. Yes; and I saw Mr. Watkins trying to catch him; when he cried stop thief, he passed me; he was running. Q. And other persons were running also? - A. only a few boys. Q. After some time you stopped the prisoner? - A. Yes. Q. Two men came up and interfered? - A. Yes. Q. That took up some time? - A. A very little time; I never lost my hold of him; they tried to get between me and him. Q. How far might the prisoner have gone, or what might be the distance between where Mr. Watkins first pursued him, and where you took him? - A. It might be one hundred yards; it was not two hundred yards before he came to the first turning, I think Harp-alley. Q. Did these two men go with you afterwards? - A. I did not perceive them afterwards. Q. There was a good deal of opportunity for this man, if he had the watch in his possession, to have thrown it away; he did not pretend to drop it in the pursuit? - A. Not till he was taken; I saw him pull it out of his right hand pocket, and chuck it out of his hand. Q. You were not there at the time Mr. Watkins lost his watch? - A. No. Q. Therefore it was some time after he lost his watch that the prisoner was apprehended? - A. Yes. Q. You swear positively he threw the watch from him? - A. I am positive. Jury. Are you sure it was a watch? - A. Yes; because I saw the chain. Jury. And you did not take it up? - A. No; there was a crowd. Q. Mr Watkins came up? - A. Yes; and desired me to hold him. Q. Why did not you desire Mr. Watkins to look after the watch? - A. I told somebody to pick it up, but the mob came in so upon me, that I could not; Mr. Watkins cried out that he was hurt. WILLIAM BIRD sworn. I am a milkman: On the 4th of February, between seven and eight in the evening, I was in company with Mr. Stapleton; going down Fleet-street, I saw the prisoner coming, with three other men, as I supposed, to pick his pocket; I followed him up and down the street several times, in pursuit of several people, attempting to pick pockets; I ass in a minute lost him; and Stapleton and me ran down Fleet-street; I observed the prisoner at the bar in particular; when I came down Shoe lane I saw the prisoner in hold; there was a mob at the end of Shoe-lane; Stapleton and me went into the mob to see what was the matter, and I saw the prisoner, knowing him immediately, in the custody of Mr. Watkins, and Price, the last witness; I enquired what was the matter; and I heard that a gentleman had had his pocket picked of his watch; and that that was the man that did it; there were a number of people about, as I thought, endeavouring to rescue him away; and I said, give me hold of him, I will take care of him; and desired Stapleton to assist me; I took him by the collar, and told him he must go to the Compter; says he, I will go with you; going down Fleet-street, I had him by the collar; he was shuffling about a good deal, and he pulled a large black bag out of his pocket; I saw him drop it; Mr. Stapleton took it up; I intended to take him to St. Bride's watch-house, but it was shut up, and we went to take him to the Compter; he made several attempts to get from me; and if it had not been for the assistance I had with me, I have no doubt but he would have got away. Q. You did not lose sight of him more than two minutes? - A. It is as much as it possibly could be; the last time I saw him was at Smith and Hartley's door, opposite Serjeant's-inn. Court. Q. Did you see him near the Globe tavern, Fleet-street? - A. No; that was the time I lost sight of him; I was running down Fleet-street, very near the time the robbery must have been committed. Court. Q. When you saw the prisoner with the other three men, was he running? - A. Yes; I had been watching them some time up and down Fleet-street. JOHN STAPLETON sworn. I was with the last witness, Bird, in Fleet-street, in the same manner that he has related; and after the prisoner was taken in Shoe-lane, I went with him to the Compter. Q. Did you lose sight of the prisoner? - A. Yes, I did; and Bird and I lost sight of each other; I had lost sight of the prisoner about two minutes; we had been watching them up and down Fleet-street several times. Q. At the time you lost sight of them were they walking or running? - A. Walking; I saw him throw something away, which I supposed was the watch; instead of that it was this bag, (Producing it); there was nothing in it. Cross-examined by Mr. Ally. Q. And will you swear that he is the same man you saw in Fleet-street? - A. Yes. JOHN RAKIN sworn. I am a taylor, I was out upon my father's business; coming down Shoe-lane, on the right hand side of the way, between the Globe tavern passage and the corner of Shoe-lane, I picked up this watch, (Producing it); the glass was broke; one of the doors of the Globe tavern is in Shoe-lane; when I came to the corner of Shoe-lane, I heard a gentleman had been robbed, and they had taken the man to the Compter. Mr. Watkins. This is my watch, my Lord; there was another seal to it, but that is gone; and the case is gone; I cannot swear either to the maker's name, or the number; with respect to the seal, there is my own initial upon it; it is a remarkable small watch; I have not any doubt about its being mine. Mr. Ally. Q. I understand the outside case is not to that watch? - A. No. Q. There was an outside case to that watch when you lost it? - A. Yes. Q. You have not seen it since? - A. No. Q. You don't know the maker's name, nor number of the watch? - A. No. Q. As to the seal there is the letter W upon it? - A. Yes. Q. There are a great many persons, the initial of whose name begins with W? - A. It is very true, certainly; I have no doubt about it; the seal I will swear to. Jury. Q. Have you had this watch lately? - A. No; it is a watch that belonged to a person in Clare-market; it was not cleared at a sale, and I have wore it ever since. Prisoner's defence. I have been about four weeks and eight days in London, since I came from Porssmouth; I was second-mate on board a ship there, and I lest her in consequence of some words with the officer; I came up to London to go on board an Indiaman; I expected a parcel to come for me, at the White-horse, Fetter-lane, and I took this bag to get the parcel; hearing a cry of stop thief, in Fleet-street, I saw a few people cross the way, from one side of the way to the other, I joined the pursuit, with an intent to apprehend the people that were running and going up Fetter-lane, or whatever the lane is; I am not positive to the turning, but I believe it is Shoe-lane; I went up there, and in consequence of running up there, a person took hold of me, and said, he supposed me to be the person that had robbed the gentleman that was behind; I told him, I dare say he was mistaken, but if he thought I was the person, I would stay till the gentleman came up, and when he came up, he said, he supposed me to be the person, and six or seven people came up and took me to the Compter; I never saw the watch; the gentleman in the blue coat said, I had it and threw it from under my arm, but I never had the watch; I told him I was willing to stop till the gentleman came up; when the gentleman, in blue, came before the Lord-Mayor, he said first of all he saw me put my hand in his right hand pocket, and take out something, and let it drop down, and another man picked it up; if this man would swear that, I suppose he would swear that a ship's mast was a long-beat, and a thousand men in it it he saw them at night; I know no more of it than the blessed baby unborn; I have plenty of friends-at Portsmouth and Plymouth, but I have none in London; I have served his Majesty seventeen years duly and truly, and never had a blemish upon my character in my life; I have been under four different admirals. GUILTY . (Aged 27.) Transported for seven years . Tried by the London Jury, before Mr. Justice ROOKE 157. JOHN MARTIN was indicted for feloniously stealing on the 3d of February , two linen table-cloths, value. 1s. and eighteen yards of linen cloth, value 40s. the property of Elizabeth Yeoman , spinster . (The case was opened by Mr. Knapp.) SUSANNAH GREEN sworn. I am servant to Mrs. Elizabeth Yeoman , No. 82, Queen Ann-street East : On the 23d of February, Mr. John Martin , the prisoner at the bar, came to our house in the evening, and enquired for the lady of the parlour; I told him she was not at home, but if he wanted her I would setch her; it was last Wednesday fortnight, I cannot speak to the day of the month. Court. The 23d of February is not arrived. Mr Knapp. It was the 3d of February, my brief says it was the 23d; I led her into the mistake. Green. I called my fellow-servant up, and went for my mistress; I left him at the door. Cross-examined by Mr. Ally. Q. You say it was the 23d of February? - A. I don't know what day it was. Q. You have a good deal of company at your house? - A. Not that I know. Q. You are a new-comer are you, how many ladies have you in your house? - A. Only one lady. Q. Is she a single lady or married? - A. I cannot say. Q. Who lived in the family; what is the lady's name that lived there? - A. Mrs. Yeoman. Q. You are her servant? - A. Yes. Q. The other servant belonged to the other person up stairs, I suppose? - A. No, she belonged to Mrs. Yeoman. Q. Had the lady above stairs a servant? - A. Yes. Q. When the prisoner came to the house, did he rap at the door? - A. No; I was standing at the door. Q. I take it that is a thing tolerably usual at your house? - A. No. Q. Your mistress is a married lady, I take it for granted? - A. I believe she is to the best of my knowledge, I don't know. Q. Does she pass for a married lady? - A. I don't know. Q. Did you ever see her husband? - A. No. Q. Does the lady above stairs frequently receive visitors? - A. Not to my knowledge. Q. What kind of a house is it, in fact, you keep? - A. A very decent house, for what I know. Q. In point of fact, don't the ladies in your house receive gentlemen? - A. No they don't. Q. This gentleman came and asked for the lady in the parlour? - A. yes. Q. Did he mention her name? - A. No. Q. Did you ever know an instance before of a gentleman coming and asking for the lady in the parlour? - A. Never. Q. You went for your mistress? - A. Yes; she came with me. Q. Do you mean to tell me this is a correct and a regular house? - A. Yes. Mr. Knapp. Q. I believe, when you came back, you found the prisoner in custody? - A. Yes. JANE CHAPMAN sworn. I am servant to Mrs. Yeoman; I was called up by the last witness; I went into the parlour, I lighted a candle; I went towards the street door, and there was a gentleman, who is the prisoner at the bar; I said, my mistress is not at home; if you will please to walk in, she will be at home in a minute; he went into the parlour, and stood in the parlour near the door; I lighted the others candle, and desired him to sit down; I went and stirred the fire; there was a new sheet behind the parlour curtain. Q. Was the sheet made up? - A. It was begun, but not finished; my mistress had been to work in the afternoon about it; I gave it a twist and slung it into the back parlour; the prisoner was in the front parlour, sitting on the sofa; I shut the parlour-door, and went into the kitchen again; there was a double knock at the door, I came up stairs and opened it to a gentleman that belonged to the gentlewoman up stairs; and I saw the prisoner sitting sideways, with his face towards the parlourdoor, on the chair; I let the gentleman in, and he went up stairs; I then turned my face towards the prisoner; he said, I am frightened, I am frightened; I am all of a tremble; frightened, said I, what are you frightened at? it is a gentleman belongs up stairs; upon that, he got up, and said he must go; no, says I, stop a few minutes, my mistress will be home in a minute; upon that, he said no, he would go, and call again; then, says he, I will stop; he sat himself down in the same posture as he was before, sideways in the chair; I happened to cast my eyes down between his knees, and through the chair I saw the new linen, it was deposited between the end of the sofa and the side of the chair; upon that, I was much flurried, seeing my mistresses property, that I knew was deposited in another room. Q. The same linen you had put in the back-parlour? - A: Yes; he rose, and said he must go; I said no, sir, you shall not; he went to the passage, and I pushed him back; he said he would go; says I, you are a thief, and a villain; and you have robbed my mistress of her property; he got round the corner to the door; he had a great coat on; we had a good deal of tustle, and he got the door open with one of his hands; I pushed it to keep it close; his coat gave way owing to my clasping of him, as he got out; I cried out, "stop thief, for God's sake, stop thief," he has robbed my mistress; I stept pretty close to him, as well as I could; and I never left him till he was taken and brought back. Q. When he was brought back, did you see him? - A. Yes; he was the same man that had been in the parlour; I saw the property again in the parlour after he was taken and brought back; I did not see the table-cloths till he was brought back. Cross-examined by Mr. Ally. Q. How long have you lived with your mitress? - A. Twenty months; I was nurse to her. Q. You can tell whether she is a married lady or not? - A. A single lady; she has lost the use of her limbs almost a year and an half; I was nurse to her. Q. How long had this man been in the house from the time he first came in? - A. It is impossible for me to tell; for I was much alarmed with the sound of a foot walking in the parlour. Q. How far were you from the parlour when he first came in? - A. I was making one sheet belonging to the new cloth below stairs. Q. You were below stairs then all the time? - A. Yes. Q.And the prisoner had been about half an hour by himself; a pretty good time, if he had meant to have committed a robbery, to have gone away in you absence? - A. I don't know; I paid very good attention. ROBERT GARDENER sworn. On the 3d of February, near eight o'clock, I heard the cry of "stop thief;" I live in Charlotte-street, Mary-le-bonne; I was taking my window bar in, which I always do at eight o'clock; I ran immediately, and caught the prisoner at the bar; he swung me about three yards, as near as I can guess, and a man of the name of Gibson came up to my assistance, and we took him to Mrs. Yeoman's house; No. 82, Queen Ann-street East; when we got him into the house, he sat down in a chair near a sofa, and laid his elbow on the sofa; at this time he had his right hand in his pocket; he said he was very saint, and I saw something drop from him, which turned out to be two tablecloths, or napkins, or breakfast cloths; Gibson took them up; I should know them again if I was to see them; when I caught hold of him, he begged I would let him go; I told him I would when I brought him to the place where he came from. Q. Who took charge of the table-cloths? - A. The constable of the night, at the watch-house. Q. But who took charge of him before that? - A. One Captain Devereux; he belongs to the military; I saw them afterwards at the watch-house, and am sure they were the same. Cross-examined by Mr. Ally. Q. Whether you mean to say, that the property dropped from him or the chair? - A. When he sat down there was nothing in the chair. Q. Had you an opportunity of observing that? - A. Yes. EDWARD GIBSON sworn. On the third of February, I pursued the prisoner, with the last witness; I did not come up with him till Gardener had him by the collar. Q. Was it the prisoner at the bar? - A. It was; I took hold of him on the right side with my left hand, and as we were bringing him through High-street, Mary-le-bone, the people said, he was dropping things out of his pocket; I said he should drop no more, and I seized his hand, and kept hold of it till he came back to the house; he sat down in a chair near a sofa; he drew his hand out of his right hand pocket, and there were two small tablecloths in his hand; he dropped them; that is all I know about it; I took them up, and they were immediately given into the hands of a gentleman, who was in the parlour. Q. Should you know these table-cloths again if you were to see them? - A. I believe I should. Q. Did you put any mark upon them? - A. Not that night, but the next day, at the office. Q. Were those you put your mark upon the same that dropped from the prisoner? - A. Yes. RICHARD MOWEY sworn. I was the constable of the night, and watch-house keeper; the prisoner at the bar was brought to me by several people; I cannot say who; they told me it was for robbing a house; a gentleman, who is not here, produced these two small tablecloths (producing them); I have had them ever since. Gibson. These are the table-cloths that dropped from the prisoner, and that I saw at the Justice's; there is my mark upon them. (The table-cloths, being produced, were deposed to by Chapman and Green.) Prisoner's defence. My Lord, I was coming by and met with the woman at the door; I was very much in liquor; and I asked her if it was to her I spoke a few minutes before; that she said no; I used to come to the house to see ladies: Mrs. Yeoman lodges ladies of the town; and coming to see a lady there, I asked if the lady in the parlour was at home, who had usually lodged there; she insisted upon my walking in, and she would serch her mistress; I said no, I would come again; do, sir, pray walk in; I told her, no; now do, sir, pray walk in; she called to her fellow-servant for a pair of would candles for a gentleman; pray do walk in, sir; I am much obliged to you, I had rather not; I will call some other opportunity; by these persuadings both the women got me into the parlour, and I sat down upon the sofa; as to meddling with any of their property, I know nothing at all about it; that gentleman asked at the Justice's how he was to come by the 10l.(The prisoner called two witnesses, who gave him a good character.) GUILTY . (Aged 45.) Publicly whipped in Queen Ann-street East for 150 yards , and imprisoned a fortnight . Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE. 176. JAMES DAVIDSON was indicted for feloniously stealing, on the 23d of January , a cotton gown, value 5s. and a muslin apron, value 2s. the property of Robert Middleton . ELEANOR MIDDLETON sworn. I live in Porter-street, Newport Market : On the 23d of January, I lost a cotton gown and a muslin apron; my husband is an upholsterer , and I work at his business; they were taken from a horse in my room; I am a lodger in the house; I never saw the prisoner till that evening between three and four o'clock; I wa going down stairs to fill my kettle, and met the prisoner at the foot of the stairs; there was a child upon the stairs, and he said, jump up, jump up, twice; I took him to be an acquaintance of the child's mother, and I took no heed him, but went down for the water; as I returned, I met the prisoner coming down with a bundle in his apron; when I went a few steps further, I found my muslin apron on the stairs, that gave me suspicion; I immediately ran to my door, and found the horse had been stripped of the down; a pursuit was made by several persons; and he was taken in Monmouth-street; the person that took him is in Court. ROBERT NORMAN sworn. I am a dealer and salesman, in Monmouth-street; On the 23d of last month, between three and four, as I was standing at my own door, I saw the prisoner run from Monmouth-court, across Monmouth-street, with something hanging under his arm; I heard the cry of "stop thief," and immediately pursued the prisoner; as I came pretty near to him he dropped what he had from under his arm, which proved to be a gown; I ran a little further, and took hold of him, and took him into custody,(produces the gown). Prisoner. Q. Where did you take me? - A. In Compton-street. Q. Did you not say, you took me as you stood at your own door? - A. No. Prisoner. When I was taken, I was as drunk as I could be. Court. That is no excuse, it is only an aggravation of your offence.(The gown was deposed to by the prosecutrix.) Prisoner's defence. I was running along Monmouth-street, there was a cry of stop thief, and I ran into that gentleman's arms; I never was guilty of any thing of the kind before; I was very much in liquor; I kept a public-house , in Tottenham-court-road; my witnesses were all here yesterday evening; they are now gone home. GUILTY . (Aged 37.) Publickly whipped and imprisoned in Newgate three months . Tried by the second Middlesex Jury, before Mr. COMMON SERGEANT. 177. JAMES RIGGS was indicted for feloniously making an assault upon Maria the wife of John Daniel Dummert , on the 9th of February , and putting her in fear, and taking from her person a box, value 6d. a half guinea, and 1s. the goods and monies of the said John Daniel Dummert . (The case was opened by Mr. Ally). MARIA DUMMERT sworn. I am the wife of John Daniel Dummert : On Tuesday, the 9th of February, at seven o'clock in the evening, I met the prisoner; I was going from my father's house, in Little Prescot street, to my own house in Gower's-walk, near Whitechapel; I was going along Red Lion-street, into White chapel; the prisoner walked along with me; I went into a cheesemonger's shop; I took out my box to pay for what I bought; I had a bundle under my arm, containing a counterpane and two curtains; when I came out he was standing at the window; he said, you are heavy loaded, shall I carry it for you; I said, no, I could carry it myself; I went into Gower's-walk , and he laid hold of my arm; it is a nasty place, says he, take care how you go; and he put his hand in my pocket, and I heard the box rattle, and it rather alarmed me; he walked a few yards off, and I called out stop thief, stop thief, he has robbed me, he has robbed me. Jury. Q. Did you miss your box? - A. Yes. Jury. He did not take your bundle? - A. No; he was stopped at the corner of Union-street; the box was not found upon him. Q. What kind of a box was it? - A. A small box; there was half-a-guinea and a shilling in it. Q. When had you seen it? - A. I took the box out of my pocket at the cheesemonger's. Court. Q. Did you feel him put his hand into your pocket? - A: No; I heard the box rattle, and then I was alarmed; I put my hand in my pocket and missed it. Court. Q. You are sure it was the box that rattled in his hand? - A. Yes. Court. Q. Did he say he would see you safe home? - A. No. Court. Q. You are sure you put your box in your pocket, at the cheesemonger's? - A. Yes. Q. Was there any hole in your pocket? - A. No. Q. Did you pull your handkerchief out of your pocket? - A. No. Q. He never attempted to take your bundle? - A. No. Q. Did you know him before? - A. Not before that night. Q. What is your husband? - A. A farrier. Q. A journeyman? - A. Yes; he works with my father, in Little Prescot-street; he is a German. Cross-examined by Mr. Knowlys. Q. You went to the Grand Jury some time ago, you know; this man was called up, and there was a mistake in the indictment, and you were desired to indict him again? - A. Yes. Q. You told the same story, before the Grand Jury then that you did before? - A. Yes. Mr. Knowlys. Q. He was before indicted for privately stealing from the person, and now for a highway robbery; the name of the husband was stated wrong. Court. There is no more pretence for a highway robbery than for-high treason. Mr. Knowlys. Your Lordship knows there is a reward for highway robbery, and none for privately stealing.(The former indictment read). Mr. Knowlys. Q. Where did you first meet the prisoner? - A. In Red Lion-street. Q. Either you touched him, or he touched you, and some conversation took place between you? - A. No. Q. You are sure of that? - A. Yes. Q. You are sure no conversation at all took place between you, before you got to the cheesemonger's shop? - A. He said that I was heavily loaded; and I said I was not. Q. What did you talk of afterwards, did not he say, it was a fine night, and you said, it was? - A. No; he walked on. Q. Some conversation, of course, passed about the weather, or something? - A. No. Q. What did you talk about before you got to the cheesemonger's? - A. Only he asked me if he should carry my bundle for me. Q. Then you went on very familiarly together; he talking to you, and you to him; how was that? - A. We did not talk much. Q. But you went on talking a little together? - A. Yes. Q. Do you recollect what passed between you before you came to Red Lion-street, in Leman-street now? - A. It was in Red Lion-street that I first saw him. Q. Did not you tell him, when you went into the shop, that you should not stay long? - A. No; I did not know but he was gone. Q. Did not you say, I shall not be long? - A. No. Q. Did not he say, he would wait for you? - A. No. Q. You told him where you lived, did not you, No. 1l, Gower's-walk? - A. No. Q.Recollect Yourself now? - A. I told him I lived in Gower's-walk. Q. Where was it you told him that? - A. In Gower's-walk. Q. It is some way from Red Lion-street to Gower's-walk; a quarter of a mile or more? - A. Yes. Q. You conversed together from the cheesemonger's shop; what did you say to him when you came out of the cheesemonger's shop; did not you ask him why he staid so long for you, or something of that sort? - A. I did not say any thing to him; I did not know but what he lived somewhere thereabouts. Q. Therefore you were not at all surprised at his staying for you? - A. I thought it was as free for him as me; I did not think of seeing him. Q. You did not tell him to go about his business; that would have been rude, you know; you were not angry with him? - A. No. Q.Therefore you went along sociably together? - A. Yes. Q. You did not quarrel with him? - A. No. Q. What did you talk about all that time; I don't know whether he said, my dear, or no; but did he not say, it was a dull place, and he would walk down with you? - A. Yes. Q. And you were agreeable to his going with you? - A. Yes. Q. There was a motto upon the box, was not there? - A. Yes. Q. What were the words upon it, can you tell? - A. I can tell you. Q. What were tyey? - A."I love too well to kiss and tell." Q. You say, he put his arms round your neck? - A. No; he took hold of my arm. Q. How near were you to your own house when this happened; just at the door? - A. No; three or four doors off. Q. Do you recollect saying, "here is my husband;" and then the man run away? - A. When he had got the box, he ran away. Q. But you did not see him take it? - A. No; I heard it rattle. Q. Do you recollect using the word husband? - A. No; I did not mention his name. Q. Your husband's name, you know, is Dummert; I know You did not mention his name; but did not you say, here is my husband, accidentally, I suppose; what did you say about your husband; did you think he was opening the door? - A. No. Q. Where was he at that time? - A. At my father's. Q. What did you say about your husband? - A. I told him, he could see I was a married woman. Court. Q. He did not touch your person, not your bundle, till you heard something rattle? - A. No, he did not. Court. Q. Who advised you to after the indictment? - A. One of the gentlemen that was here. RICHARD SWINNERTON sworn. I live with Elwin and Flower, wholesale silk merchants, in St. Paul's Church-yard: On Tuesday, the 9th of February, a little after seven, I was going to Gower's-walk; turning out of Church-lane into Gower's-walk, the prisoner passed by me, walking; the prosecutrix desired me to stop that man, for he had robbed her; the prisoner ran about an hundred yards; he was not out of my sight; I pursued him to the Prince of Wales, the corner of Union-street; and he was taken round the corner, by a person, before I came up to him; his name, I believe, is Robertson; I never saw the prisoner before; I did not see him talking to her, not she to him; when I first saw him, he was walking, and she was walking after the prisoner; and she said, first of all, "stop that man, stop him, for he has robbed me." Cross-examined by Mr. Knowlys. Q. Did you go with this woman to Clerkenwell, upon the former occasion, as well as the last? - A. Yes; I was twice to find the indictment. Q. Do you know how the second indictment came to be for robbery? - A. As far as I can find, the officer belonging to the office came out, and said, the indictment was wrong found, because the prosecutrix had not given her husband's two Christian names. WILLIAM ROBERTSON sworn. I am out of business now; I left the pawnbroking line last summer; I was coming, last Tuesday was a week, from Ratcliff-highway; and, just as I had got to the upper part of Church-lane, I heard the cry of stop thief, stop thief; I had got in the mid-way; it was a very dark night, and likewise very dirty; just as I was getting across, I saw the man coming towards the corner of Union-street; I was within about two or three yards; and being swifter of foot than him, I said hold of him by the breast, and held him till, the prosecutrix and this man came up; he was carried down to a public-house, near the Police-office, and searched, but the property was not found; the woman said, she had a half-guinea and a shilling, there was a crooked shilling found upon him; she denied that being her shilling; she said, her's was a strait shilling. FRANCIS FORDHAM sworn. I am a publican, and a headborough, in Whitechapel; I don't belong to the office; I was in the office on the 9th of February, when this lady came in, and the prisoner at the bar; she said, she had been robbed; the man was apprehended the corner of Union-street; I took a candle and lanthorn and found this box, with a half-guinea and a shilling in it, (producing it); I have had it in my custody ever since. Mrs. Dummert. That is my box; here is half-a-guinea and a shilling in it. Mr. Knowlys. Q. Are you sure you are right in the words; "Kiss me well, and I won't tell, is not it? - A. Oh, no; "I love too well to kiss and tell." Court. Q. Did you go up to him when he was stopped at the corner of Union-street? - A. Yes, I did. Mr. Knowlys. (To Fordum). Q. Whether you advised this indictment to he changed from privately stealing, to a highway robbery? - A. I did not. Q. Are you sure of that? - A. Yes; Mr. Johnson, at Hickes's-hall, said, it was not made out right; and it was very well it came back. Q. That is right, but do you know how it came to be altered? - A. He advised the clerk to make it out the other way; he said it could not be privately stealing at all. Court. How far is Union-street corner from Gower's-walk? - A. Eighty or ninety yards, or thereabouts from the corner, but she was some way down Gower's walk. Prisoner's defence. My Lord, on Tuesday afternoon, I left the India warehouses, in Billiter-lane; I went upon duty in Seething-lane; I am a warder, I left my duty about seven o'clock; I stepped down to Butcher-row, to buy a steak, to carry home to my wife and three children; this woman came by and touched me, I said, my dear, I would have made room for you, if you had spoke; she said, there is room for me, we sell into discourse; she said, she was going into the cheesemonger's shop; I said, I would stop for her; when she got her cheese, she came out, and we walked along, and she said hold of my arm; we went as far as Church-lane, Whitechapel; I told her I was going up Brick-lane; she asked me which was the best way for her to go, up that lane, or up Union-street; I told her Church-lane was the best, because it was paved; she told me she lived in Gower's-walk, and I would, if she liked, walk with her; I was just going to leave her, and she took hold of my arm again; she said, she would not like to see her husband, her husband was a jealous man; she gave me liberties not proper to speak before women, and I took liberties with her; I kissed her afterwards; I found she was a woman with child; I kissed her, and shook hands with her; she said, there was her husband at the corner, and I went away in a hurry, and she called out, stop thief; this young fellow was at the corner all the while, he did not come after me till I got over the way; the man, at the public-house, said, oh, we want you; I pulled out my money, I had 1s. 4d1/4 I had had a pint of beer at a house in Seething-lane; the woman said it was not her shilling; he took my knife from me, and I was locked up; after it was put down what the good woman said, there were two Jews said, "damn him, we will do for him;" they went out, and in about ten minutes the two Jews and this man came back, and pretended they had picked up this box in the middle of the road; I have watched thirteen years in Crosby-square, besides doing business; my character is well known, I have done duty at the India-house. For the Prisoner. RICHARD CLEEVE sworn. I am one of the elders of the private trade, belonging to the warehouses of the India Company; I have known the prisoner twenty years; he has been employed in the India warehouses , under my inspection for the last ten years, and was so at the time he was taken up; he is certainly a very honest man.(The prisoner called six other witnesses, who all gave him a good character.) NOT GUILTY . Tried by the second Middlesex Jury, before Mr. COMMON SERGEANT. 178. JAMES FREERS was indicted for that he having been tried and convicted of grand larceny, at the gaol delivery at Justice-hall in the Old-Bailey, on Wednesday, April 15, 1795, and adjudged to be transported beyond the seas, for the term of seven years, was feloniously found at large, without any lawful cause, before the expiration of that term . (The case was opened by Mr. Knowlys). JOHN OWEN sworn. I am servant to Mr. Kirby, the keeper of Newgate; I know the prisoner, he was tried in April session, 1795, (produces the certificate of conviction); I received it from Mr. Shelton, the officer of this court, (it is read.) Q. Have you any doubt that he is the man? - A. Not the least. JOSEPH TAYLOR sworn. I am one of the officers belonging to Bow-street, I know the prisoner at the bar; I apprehended him on Monday the 18th of January, at the Rumpuncheon, a public-house, in Cross-lane, St. Giles's; he was standing in the tap-room. Prisoner's defence. I went away from this place to go to serve his Majesty, as I thought, as a soldier; I was pardoned to serve his Majesty, and was very willing to embrace the opportunity of what was granted me; after receiving sentence of transportation, we embarked at Southampton, and went out, there was a hurricane of wind, and we came back to Spithead, we were forty-nine hours without any think to eat or drink, and every body thinking they were going to the bottom; and when I saw every body making theif escape, I thought I had as much right as any body else. Court. Q. What regiment were you in? - A. The 65th regiment of foot. GUILTY . Death . (Aged 26.) Tried by the first Middlesex Jury, before Mr. COMMON SERGEANT. 179. JOHN JOHNSON was indicted for fe loniously stealing, on the 26th January , a pair of half-boots, value 3s. the property of William Jenkins . WILLIAM JENKINS sworn. I am a shoe-maker , in Denmark-street , I lost a pair of half-boots on the 26th of January, I can only speak to the property. SAMUEL SUMMERING sworn. I am a shoe-maker; I work with my father-in-law, William Jenkins ; about dusk, on Tuesday the 26th of January, I was leaning over the hatch, I saw the prisoner take a pair of half-boots off the nail at the shop-door, and put them under his coat; I immediately went after him, and he dropped them in the middle of the street, in St. Giles's; I immediately caught him. Q. You never lost sight of him? - A. No. Q. Are you sure he took the boots off the nail? Yes; (the half boots produced in court.) Jenkins. These are my boots, they have my mark upon them, I always number them, and enter them in a book. Prisoner's defence. I was on the opposite side of the way when the prosecutor was running after somebody; he came and laid hold of me; I never saw the boots; he came up to me in Holborn, and asked if I had a pair of half-boots; several people were running along at the same time; I told him I had none; a man asked how he could charge me with having the boots, when they were lying on the other side of the way. Court. (To Summering). Q. Did he drop the boots before you caught him? - A. Yes; he dropped them as soon as I got hold of him. GUILTY . (Aged 40 .) Fined 1s. and imprisoned for six months . Tried by the first Middlesex Jury, before Mr. COMMON SERGEANT. 180. MARY ANN BAILEY was indicted for feloniously stealing, on the 3d of February , a silk hair ribbon, value 1d. and 5s. in money , the property of Paul Holland Sierson . PAUL HOLLAND SIERSON sworn. I am a soldier in the 3d regiment of guards ; the prisoner generally bears the character of a woman of the town: On the 3d of this month, about three o'clock in the morning, I was drinking some purl at the King's-head; on seeing me put 5s. in my pocket, wrapped up in a piece of ribbon, she came and asked me if I would go home with her; she asked me to give her a pint of purl, which I did; from her repeated intreaties, I was persuaded to go home with her; she took me to King's-head, court, opposite Drury-lane theatre ; about four or five doors up the court she wrapped at the door, and demanded entrance, and kept feeling round my body; I felt her hand several times about my pocket, but did not entertain the smallest suspicion of her robbing me; at last, some persons within doors, told her she must go about her business, she could not get in; she said, my dear, we must go back again; I put my hand in my pocket, and found the ribbon and money both gone; says I, you have taken my ribbon, she fell a laughing; I told her I should charge the watch with her; the constable searched her pocket, and found 4s. a 6d. and some halfpence; when her pockets were searched, all her money fell upon the floor together, and I suppose the other shilling fell upon the floor. Prisoner. He treated me very ill, I called the watchman to him. Sierson. I took her by the neck, and told her I would charge the watch with her; I suppose that is what she means by ill-treatment. WILLIAM CLULEY sworn. I am beadle of St. Martin's; I was at the watch-house on the morning of the 3d of February, when the prisoner was brought in with the prosecutor; he charged her with taking from his person 5s. she begged to sit down in a chair by the side of me, and when she got up again, she left this ribbon in the chair, (producing it); I took it into my hand, and asked if he would know the ribbon, he described it exactly, and when I shewed it him, he said it was his. Prisoner. I had that 4s. from Marybone work-house, where I had been some time; I was locked out that night, and he made me go into that public-house to have some purl. NOT GUILTY . Tried by the first Middlesex Jury, before Mr. COMMON SERJEANT. 181. RICHARD ENGLAND was indicted for that he, on the 18th of June, in the twenty-fourth year of his Majesty's reign , with force and arms, in and upon William Peter Lee Rowlls , feloniously, wilfully, and of his malice aforethought, did make an assault; and that he, a certain pistol, value 5s. charged with gunpowder, and one leaden bullet, which he, in his right-hand, then and there held, feloniously, wilfully, and of his malice aforethought, did shoot off, at, against, and upon, the said William Peter Lee Rowlls ; and that he, with the leaden bullet aforesaid, out of the said pistol, by the force of the gunpowder aforesaid, by him discharged and shot as aforesaid, thereupon feloniously, wilfully, and of his malice aforethought, did strike, penetrate, and wound him the said William Peter Lee Rowlls , in and upon the right side of his belly, near his right hip, thereby giving to the said William Peter Lee Rowlls a mortal wound, of the depth of four inches, and of the breadth of half an inch, of which he instantly died; and so the Jurors for our Lord the King, upon their oaths, say, the said William Peter Lee Rowlls , the said Richard England feloniously, wilfully, and of his malice aforethought, did kill and murder, in manner and form aforesaid . He also stood charged with the like murder upon the Coroner's Inquisition. Counsel for the Prosecution. Mr. Serjeant Adair, Mr. Mingay, Mr. Fielding, Mr. Lawes. Counsel for the Prisoner. The Hon. T. Erskine, Mr. Garrow. (The indictment was stated by Mr. Lawes). Mr. Serjeant Adair. Gentlemen of the Jury, it becomes my duty to address you, and to call your particular attention to a case of the importance of that which is now brought before you. The crime that is imputed to the unfortunate gentleman at the bar, by this indictment, you well know, is one of the greatest magnitude that can be committed upon society, that of wilfully and maliciously depriving a fellow-creature of his life; and, I flatter myself, you are sufficiently acquainted with the principles and the administration of criminal justice, to be perfectly satisfied in your own minds, without its being suggested by me or any other person, that in proportion to the magnitude of the crime charged, the guide to your judgment ought to be the clearness and precision of the evidence, whereby that charge is supported. Gentlemen, you are called upon to perform, I am afraid, a painful duty; but it is an honourable duty also to those who faithfully perform it; and you will find yourselves called upon, to pay a diligent attention to the facts that will be laid before you in evidence; and the directions that you will receive from the Bench, with respect to the law that is applicable to those facts; because it is by these alone that the judgments that you are to form ought to be directed. You are to pay no regard to any facts or rumours that may have reached your ears; except those that shall be substantiated upon oath, by evidence in open Court; and, in forming your judgments upon the legal operation of those facts, for or against the prisoner, I am sure you will be inclined to be guided by the direction of the learned Judge who presides, from whom you will receive the most satisfactory information. Gentlemen, whatever it will be my duty to state to you in these observations, is merely pointed to direct your attention to the material circumstances of the case; but whatever you may hear from me respecting either the one or the other, either the fact or the law of this case, you will wholly suspend your minds, as to any impression which they may make one way or the other, in the recollection that my statement of facts ought to have no weight, except so far as they are supported by evidence; nor any idea that I may suggest upon the law of the case, except so far as it is confirmed by the learned Judges upon the Bench. Gentlemen, to you is entrusted a very important duty; on the one hand, is committed to you, the protection of the life of the prisoner at the bar, against light suspicions, or unfounded accusations; on the other, the administration of justice, and the support of those laws of your country which are calculated for the protection of the innocent, as well as the punishment of the guilty, is entrusted in your hands; you are to administer justice in mercy; when I say justice in mercy, although mercy is a principle which ought never to be lost sight of in the administration of criminal affairs, yet that mercy is always mistaken which is not directed by the principles of wisdom and of justice; for though it is your duty, in the consideration of every fact laid before you, where any matter of doubt shall occur to your minds, to avail yourselves of that presumption in favour of innocence, which is the principle of the law of England; till it is encountered with satisfactory proof; yet, on the other hand, you well know that it is not your duty to shut your eyes against clear and satisfactory evidence; or to decline, upon any principles of false tenderness, the discharge of a painful duty, if that painful duty should fall to your lot: but you will pronounce a conscientious verdict upon the evidence that will be laid before you; and if the effect of that evidence should be such, as when applied to the known laws of the kingdom, shall satisfy you that the prisoner has been guilty of a breach of those laws, in the point alledged by this indictment, however painful the talk may be, it will be your duty to perform that talk, and to find the prisoner guilty. God forbid you should be led to that verdict by any thing but the clearest and most satisfactory evidence; at the same time that I discharge my duty in laying before you these circumstances, which, on the part of the profecution, we are led to believe will, to-day, be established by evidence; after having discharged that duty, no man will feel more satisfaction than myself, if, upon the result of the whole of the evidence, you shall find yourselves fairly justified before God and your Country in delivering the prisoner from the heavy charge with which he stands accused. Gentlemen, it will be necessary for me now to state to you, the nature of that fact upon which the charge against the prisoner is founded; it is not that sort of dark insiduous murder committed in secret; difficult of proof, dependent upon circumstantial evidence, which is frequently the subject of your enquiry in a court of justice, that will be the subject of your enquiry to-day, it is a killing, in the face of day, publickly and openly, in the face of many witnesses; so that the fact of the death of the unfortunate gentleman who has for many years been no more, the fact that that death was occasioned by the prisoner at the bar, will, I am afraid, not be a matter of much doubt, or much enquiry. Gentlemen, the only question that can exit in this case will be, whether, under the circumstances, that that death was unfortunately occasioned by, the guilt of murder is or not, properly imputable to the prisoner; and, if I am right in the law upon that subject, I am afraid, that upon the application of that law to the facts in evidence, there will be as little doubt upon that question; for whatever may be the no tion of honour, that has been prevalent in this and other countries; whatever impression those notions may have made on the private minds and feelings of mankind, I am afraid they neither can nor ought to find entrance into the Courts of justice; and that the law of this country is, what I believe the law of God also to be-that whoever shall wilfully and deliberately, by pre-concerted appointment, armed with instruments of death, meet another, for the purpose of deciding their differences by the fall of the one or the other; which ever party shall fall, or by whomsoever the original provocation was given, the survivor is guilty of murder, by the laws of God and men. That the degrees of malignity and guilt, annexed to that unfortunate circumstance, may widely differ, is a circumstance that no man feels more than myself; but, whatever may be the degree of malignity and guilt, if once the fact, which constitutes the crime of murder, is clearly and unquestionably established. I conceive of these circumstances are more proper for the consideration of those who are entrusted with the prerogative of mercy, than those who are in the first instance entrusted with the administration of the law. The province of a jury is to investigate the facts, and according to the directions they shall receive from the learned Judge, of the application of those facts to the law, they are, according to their oaths and consciences, to decide whether the party is guilty of that offence which is imputed to him, by the indictment; whether the circumstances of that guilt are such as loudly call for the punishment of the law, or solicit the tender interpositions of mercy, under favourable circumstances afterwards, is not the object of consideration. Gentlemen, I have thought it my duty, in the outset, to state what occurs to me upon that subject, for it is extremely right, that all the circumstances of this unhappy transaction should be laid before you; that public justice may be satisfied, by a full disclosure of every circumstance that may make for or against the unhappy gentleman who now stands upon trial for his life; and if it shall turn out that sort of favourable case, according to the notions and feelings which are implanted in the breast of every man, whatever may be the strict law upon the subject; having, I hope, fairly, and, I am sure, as far as my own opinion goes, faithfully stated to you, what I conceive to be the law, and your duty, acting upon oath, under such circumstances, I shall feel no inclination to press that matter upon your attention. It will, therefore, be my duty, according to the instructions I have received, which I have every reason at present to believe are according to the best information of those from whom I have received them; but which information is liable to mistake, it will be my duty, however, according to that best information, to give you a short and distinct statement of the circumstances attending this transaction, as far as they are material either to the malignity or the degree of guilt imputed to the prisoner; and then it will be your duty upon the whole result of the evidence, to pronounce your verdict, whether the prisoner has, by pre-concerted, deliberate intention, been the death of the unfortunate gentleman who is the subject of this indictment. Gentlemen, it will be necessary, therefore, to understand the circumstances of this case; that you should not only be acquainted with the fact of the duel itself, but he circumstances immediately connected with it; for I should not think myself at liberty to go into the allegations made on the one side or on the other, that are not immediately connected, or not directly leading to the unfortunate catastrophe that happened. I shall think it my duty neither to attempt to prove or state, as it will be unquestionably your duty to retain your minds perfectly unprejudiced and unbiassed, till you hear the evidence, free from any impressions made by the supposed character of the parties, or by rumours, or loose conversations which have but too much prevailed, upon the subject of this indictment; and feeling that unbiassed mind, and giving that steady attention, which it is your duty to do, to the evidence, you will be guided by that, and that alone, in the opinion that you shall form. Gentlemen, the quarrel which gave rise to this unfortunate duel, originated in a debt of honour, due from Mr. Rowlls to the prisoner at the bar, which will be proved beyond all doubt, I believe, under the circumstances of this case. It will be necessary, therefore, for me, so far, and so far only, as directly leads to this unfortunate transaction, to state to you what has publicly passed on that occation, and what has passed under a degree of examination, that will not be so liable to misrepresentation. Mr. Rowlls, at the time of his decease, was a very young gentleman, a gentleman of fortune, and, as I am informed, of character unimpeached, except by those levities of youth which gave rise to the unfortunate transaction; he was a little too found of attending races, plays, and those fashionable amusements, to which young men of fortune are too apt to devote their time, and from that levity of youth arose the circumstance which terminated in his death. I think it was in the year 1780, that he met the prisoner at the bar, who was then a stranger to him, at Ascot races; it appears, from subsequent transactions, that Mr. Rowlls had lost a considerable sum of money to the prisoner at the bar; that circumstance, therefore, gave rise to considerable altereation upon the subject, and security was at length given for a sum of money, not to the prisoner at the bar, but to another. gentleman of the name of Etherington, which afterwards became the subject of dispute; what the nature of that security really was, I shall not presume to state, because that was the subject matter of a dispute, which, to this hour, has never been decided, and therefore on which side the truth lies, I am not entitled to state, not is it material for you to enquire; that security, however, in fact, became the subject of dispute - it being alledged by Mr. Rowlls, that Mr. Etherington was merely a stakeholder, and trustee for Mr. England, for whom this debt was contracted; it being alledged on the other hand, that it was a security for a sum of money, bond-side, advanced and lent Mr. Rowlls, by Mr. Etherington; the security being given by a warrant of attorney to confess the judgment, it became the subject of enquiry in the court in which that judgment was entered; affidavits were made on one side and on the other, each maintaining the truth of their respective allegations, and the court entertained so much doubt upon that subject, as to direct an issue to be tried to determine for what conside ration the bond, which was the subject of that judgment, could have been given; it being alledged on the one hand, that this was given to Mr. Etherington, as trustee to Mr. England, to cover a gaming debt, which, by law, he could not recover; and on the other hand, that it was money actually lent and advanced. When that cause came on to be tried, it was thought adviseable by the counsel on each side, to compromise the matter, and it was agreed that Mr. Rowlls should pay one half of the sum demanded, with interest; one would have hoped, that, with that compromise, all memory of the transaction had been buried; but a deep resentment lay buried in the mind of the prisoner at the bar, and I believe it will be in proof to you (and if it is not clearly and satisfactorily proved, I beg of you to forget that I have so stated it;) that upon departing from Westminster-half, subsequent to the compromise that I have stated, Mr. England was heard to declare, that the matter should not rest there, but that he would have satisfaction from Mr. Rowlls elsewhere; in what degree that declaration ought to weigh, will be a subject for your consideration, under the direction of the court. Gentlemen, this was, I believe, on the 20th of February, 1784; unfortunately within a few months after this transaction, the parties met together at the same place, where this unfortunate circumstance originated at Ascot races, and there that altercation arose, which was the immediate cause of the duel that followed. Gentlemen, I am happy to be assured that you will have such an account of that altercation, as will probably leave no room for doubt upon that subject; for I see in Court a noble Lord, of high rank and character, who happened, unpleasantly to himself, and, I am sorry that it has given him the trouble of a painful attendance here, happened to be present at that altercation; and, if his Lordship's memory should serve him, distinctly to relate what the conduct of each of the parties was upon that occasion, you will probably think it unnecessary to trouble you with any further evidence upon that subject. I shall state to you, very generally, what I am instructed, passed upon that occasion; and I am happy to state it in the hearing of witnesses present, who will immediately correct me if I am wrong. I understand, that Mr. Rowlls proposing some betts in the booth upon the race-ground, Mr. England interposed with a considerable degree of animosity; and, on the race-ground, before all the gentlemen of the country there assembled, declared, loudly, that the gentlemen ought not to accept of betts from a person who did not pay his debts of honour. I forbear to state the particular words and expressions, because you will hear them so much more satisfactorily from the witness; but that the substance of them was with reference to the transaction, which I have already stated to you, for the purpose of shewing what gave rise to this unfortunate quarrel, namely, the declaraion of Mr. England, that he, not being, a man of honour, had not discharged those debts which he considered he ought to have discharged; that you will conceive necessarily, to a gentleman in Mr. Rowlls's situation, was a charge that must provoke immediate resentment, wounding his honour, upon a very public occasion, in a sensible point. Mr. Rowlls had seen the transaction in a very different light; he was perfectly persuaded that the conduct on his part, had been honourable; and that, therefore, this was manifestly intended to provoke a resentment that should give rise to the unfortunate circumstances that followed. Mr. Rowlls immediately, with that warmth of passion that might be expected from a young man upon such an occasion, came up to him in a threatening posture; Mr. England, in a threatening manner also, desired him to refrain from personal violence, informing him, that if he had any thing to say to him, he knew where to find him; the meaning of that language is to every man perfectly understood; a meeting took place between Mr. England and a gentleman in the army, who interfered, and the unfortunate business was at that time settled between them, in what manner we can only know from that gentleman; and, therefore, as he will appear here as a witness, I will not state it to you; but an appointment was made on the morning following, to meet, with pistols, at Cranford-bridge, to determine the animosity that subsisted between the parties. In consequence of this, they met at the appointed time and place, with every circumstance of deliberation on both sides, each bringing his second, and pistols; with every preparation for the contest that was to ensure, and one or more surgeons were directed to attend, in case of consequences that were likely to take place. I am afraid, therefore, that if these facts (which were too public to admit of much doubt) are satisfactorily proved, you can admit of no doubt, in your minds, that, whatever were the true merits of the quarrel, their meeting was deliberate and pre-concerted; that, in consequence of a deliberate purpose entertained the day before, and after sleeping a night upon it, with all those circumstances of deliberation and forethought, which exclude that indulgence, I am afraid, which the law gives to the sudden passion of a man. These parties met, with instruments of death, for the purpose of deciding the differences and animosity subsisting between them at that meeting, having been so deliberately planned, the circumstances that passed will be capable of proof, by witnesses of undoubted credit; with respect to that, it is only necessary for me to state, that that unfortunate duel was carried on with an unusual degree of animosity and perseverance. The parties (for I will speak of them at present jointly) did not appear to be satisfied with that sort of vindication of their honour, which has prevailed in this unfortunate, fashionable mode of deciding differences; they did not satisfy themselves with exchanging each a shot, shewing that they met like men of honour, and had kept their appointment; but shot after shot was fired to the amount of four or five discharges on each side, before the deceased fell, that is a circumstance unquestionably material, to which party that obstinacy is imputable, the evidence will best enable you to judge. I am of course instructed, on the part of the prosecution, to state, that it was imputable to the prisoner at the bar; that he refused to be satisfied with those usual modes of satisfaction, which the laws of honour, essentially differing from the laws of the country, have introduced; and that, by the declarations made by him, at that time, you will find, that the object of the duel, I am afraid, was not so much the satisfaction of his honour, as either the fulfilling of his revenge for the injury he had sustained, in not being paid the full amount of the debt he had demanded, or enforcing that payment by a means, which I will venture to say, if that is the case, neither the laws of honour, nor of the country, can justify; for the subject of duelling, when it it is applied not to the restoration of injured honour, but to enforce the payment of debts, is equally repugnant to the principles of honour as of law. It will, therefore, with respect to the degree of guilt, in this case, be undoubtedly material, that these circumstances should be laid before you; and if it should turn out to he as it is stated to me, I am afraid they will afford a very strong suspicion of the conduct of the unfortunate gentleman at the bar. It will appear, that, in the interval-between the different sirings, certain conversations took place between these gentlemen and their seconds, and propositions were made, which must necessarily relate to the transactions I before referred to, and could relate to nothing else; for that sums of money were offered, by the second of Mr. Rowlls, to Mr. England, and rejected by him; which sums of money put, as I am instructed, the principles of honour entirely out of the question. Having stated this, which it is my duty to state, from the instructions I have received, which, if they are not proved, I cannot too often repeat to you, that it will be your duty to forget, and lay out of the question. Gentlemen, a circumstance is stated to me, that after several shots had been fired, Mr. Rowlls's pistol went off; and, either by design or accident, was fired into the ground, at so small a distance from himself, that it appeared not to have been directed to the prisoner; and, at the same time, I am instructed, that the prisoner fired his pistol into the air; that circumstance will have, undoubtedly, all the weight that it ought to have in your consideration, and happy would it have been if that had terminated the dispute; whose fault it was that it did not, you will best hear from the witnesses; unhappily it did not; negotiations took place, the parties still remained unsatisfied, and, with a degree of perseverance, I had almost said serocity, unusual upon those occasions, the pistols were again loaded; Mr. England received the fire of Mr. Rowlls, who, I believe, fired first, upon that occasion also: and then, reserving his fire, with some deliberation, he discharged that pistol at the deceased, which killed him on the spot; it wounded him in the groin to such a degree, that he immediately fell, and was carried dead fromthe field, that therefore his death was occasioned, in fact, by the prisoner, in consequence of a premeditated plan for meeting to decide their differences with the weapons and instruments of death; I am afraid there will not be a possibility of doubt; I am afraid that will impose upon you a duty, which undoubtedly will be more or less painful to you, according as the other circumstances of the case shall turn out for or against the prisoner. Gentlemen, I have thus stated to you (not with very minute particularity which I have avoided for the reasons I have told you) the general substance of the evidence that is to be laid before you, upon the part of the prosecution, It remains, however, to account for a circumstance that cannot but have struck your minds in the attention you have paid to the opening of this case, and that is the dates which you must have noticed, and the distance of time that has elapsed between the death of this gentleman and the prosecution for that death; and it becomes necessary that this matter may stand fairly, and to vindicate the conduct of the prosecution itself, it becomes indispensibly necessary to state to you, that that has been wholly occasioned by the prisoner; I do not wish to draw any stronger inferences of guilt from that circumstance, than your own unbiassed opinions and consciences may lead you to think it warrants; but in point of fact, immediately upon the decease of this unfortunate gentleman, Mr. England sted from the spot, and sted from his country, and remained abroad for a number of years; the prosecution was instituted, proceedings were had against Mr. England, he having sted; the only proceedings which can be had against an absent man were entered, and Mr. England was, by the prosecutrix, outlawed; under that outlawry he remained till lately, when he returned again to England, but, it was not till after, I think, four of the witnesses, who were examined before the coronor, who held an inquisition on the body of the unfortunate gentleman deceased, were dead. Whether by that circumstance public justice will be deprived of the evidence of those witnesses, will depend upon the opinion of the Court, whether they are or not admissible in evidence, if they have been properly authenticated in the manner which the law directs, I conceive them to be admissible in evidence; when Mr. England returned to this country, and appeared at large, he was apprehended upon the outlawry; that outlawry has been reversed, and he now stands upon his trial upon the original indictment. You may, perhaps, think, that after the lapse of so many years, there is a degree of animosity in persisting in coming forward with the prosecution against this unfortunate gentleman for his life; upon that subject, I can only say, that it would be a principle dangerous to the administration of justice, if persons, who withdraw themselves from the reach of the laws of their country, were afterwards to avail themselves of that circumstance, either as a circumstance in their own favour, or as the smallest degree of imputation upon those, who are called upon by a duty, perhaps little less painful than your own, to bring that prosecution into a court of justice. But the feelings and duty of a mother (for it is a mother who is the prosecutrix in this instance) the mother of the unfortunate gentleman, who fell by the hands of the prisoner, the feeling, and the duty of a mother would not permit her to suffer that person whom she conceived to be the murderer of her son, to walk at large in this country, after the commission of such an act, till there had been a full investigation of his conduct, by a court and jury of his country; that investigation I will do her the justice to believe and to assure you, on her behalf, that whatever may be her feelings as a mother, she wishes they may be directed by the principles of public justice only. And, gentlemen, if you should find yourselves warranted by the evidence under the direction in point of law, of the learned Judge to release the prisoner at the bar, I trust the animosities will be buried in the grave of her son, and that she will be perfectly satisfied with your verdict; but I have no doubt that you will pay that attention which the importance of this case deserves, that you will deliberate, with every indulgence that the case of the prisoner requires, consistent with law and justice; and if you find yourselves upon the evidence warranted to doubt that the death was occasioned by the prisoner, in consequence of a pre-concerted purpose, you will judge whether the case more or less interests your feelings to render the discharge of your duty more or less painful; it will be your duty to deliver him into the hands of public justice, accompanied with mercy, under the direction of those by whom the laws are now to be administered. The Right Hon. the Earl of DERBY sworn. Examined by Mr. Mingay. Q. Does your Lordship recollect any thing which took place at Ascot races, in June, 1784? - A. I cannot particularly swear to the year; I have been there several years; but, I believe, I can save the Court a great deal of trouble by saying, that I was present at a dispute which took place between the prisoner at the bar and Mr. Rowlls. Q. Will your Lordship have the goodness to relate how it commenced, and how it proceeded? - A. I must preface what I have to say on this subject, by stating, that at such a distance of time, it is very difficult for any body to state, with that sort of accuracy that a man would wish upon oath, particular words in a case of this sort; but as accurately as I can, I will endeavour to relate the circumstances that took place; I must also add another circumstance, that I was perhaps at as great a distance from the transaction, as the nature of the place we were in would admit, the transaction taking place at one end of the booth, I being at the other end; but the first thing that struck my attention was, an appeal from the prisoner at the bar to the company, by way of caution, and the purport of it was, not to bet with Mr. Rowlls, as he was a person who neither paid the money he betted, nor the money which he lost; to the words I do not prosess to be accurate, but that was the purport of them; Mr. England was then sitting upon a bench or stand, which might be as wide as this (pointing to the table), and his face turned to the people in the stand; Mr. Rowlls came up to him in a very boisterous and violent manner, and appeared to me to offer to strike him, adding words to this effect, "what do you mean by that you rascal, you scoundrel," or some such words; Mr. England behaved with as much coolness and temper as ever I witnessed upon any occasion in my life; the prisoner said, "stand off, for if you strike me, I shall be obliged to knock you down, (he had a stick in his hand); our altercation has already disturbed the company a great deal too much; if you have any thing further to say to me, you or your friend," or words to that purpose,"know where I am to be found;" some further altercation took place between the parties at that time, as I have reason to believe, both from the circumstance of their remaining in that sort of situation for some time, (though from the distance at which I stood, and the noise in the stand, I could not distinctly hear) and also from having heard so from credible witnesses since; sometime after this the parties withdrew, and from that time to this I believe I have never seen one or the other. Q. Does your Lordship remember a Captain Donnisthorpe intersering upon that occasion? - A. I do not recollect that circumstance. Capt. GEORGE DONNISTHORPE called in. My Lord, as there has been a report gone abroad, that I was second to one of the gentlemen, I should wish to put myself under your Lordship's protection; if your Lordship can give any better advice, I shall be happy to take it. Mr. Justice Rooke. If Mr. Donnisthorpe objects to be examined, we are all of opinion that it ought not to be pressed. Mr. Sergeant Adair. I certainly shall not press it. Capt. Donnisthorpe. I have no objection to throw any light upon the subject, as a gentleman, and a man of honour, provided I do not criminate myself. Mr. Erskine. The very form of the oath renders it unnecessary for us to object, because he must relate the whole. Mr. Sergeant Adair. Will your Lordship permit, that he having been reported to be in the situation of an accessary to this fact, be examined as an accessary. Mr. Justice Rooke. I cannot make up my mind upon that subject. Can you suggest to the Court, in what way we can admit him; giving him an assurance that he shall never be indicted as an accessary.(The witness ordered to withdraw). Mr. Sergeant Adair. My Lord, in the first place, it appears highly probable, that the evidence of Capt. Donnisthorpe will be material to the ends of public justice on the one side or the other; because if Capt. Donnisthorpe was present, and accompanied the party in the field, circumstances must be within his knowledge, very materially affecting the merits of this question, which every way his evidence might turn out, whether favourable or unfavourable to the prisoner, I am not now at liberty even to presume; I would rather leave the question, therefore, in the hands of the Court; seeing, as I think your Lordships must do, that this is evidence material for the information of the Court, and material to public justice, and that your Lordship's admitting him now as an evidence for the Crown, will be a protection to him; your Lordship's sitting in a Commission of Oyer and Terminer, stand in the same situation as your Lordships do as Justices of Assize; if it is necessary for public justice, to admit this gentleman as an evidence, he will be admitted in the same way that other witnesses are. Mr. Justice Rooke. And the Attorney-General would grant a noli proseqnt. Mr. Sergeant Adair. And even if he is indicted afterwards, no Court would proceed against him, having given evidence before your Lordships. Mr. Justice Rooke. I will tell you what at present we incline to do, and to hear Mr. Erskine's objection to it; we cannot absolutely protect this witness, but we can tell him, that if he chuses to tell the truth and the whole truth, that though he has no right to the King's pardon, yet, upon the recommendation of this Court, there is no doubt but he will have it; and leave it to himself whether he will be examined or not. Mr. Erskine. I have very little to say to your Lordships, upon this question, there is but one idea occurs to my mind upon that. I think if there be any one thing which distinguishes the character of English justice above all other, it is the great caution with which precedents are made, when there is a particular instance on which some other person might be convicted. I am very little accustomed, as your Lordships know, to stand in the situation which I do; it has not happened a great many times, in the course of my professional duty; and though I do not affect to be much acquainted with the forms, though I am with the general principles of criminal justice, I never heard of an instance of a witness being addressed in the manner in which this witness is proposed to be addressed; many witnesses have stood in the predicament that this witness does, and I submit to your Lordships, it would be making a promise which the Court cannot legally do; and, my Lord, after the excellent opening of my honourable and learned friend, the evidence of Captain Donnisthorpe cannot be necessary to prove what he proposes to prove. Mr. Garrow. My Lord: your Lordships will forgive me, if I take the liberty of adding a few words, in a case of such importance; and, my Lord, I really feel myself in a much more embarrassed situation than before, because I am perfectly aware, that if Capt. Donnistorpe should not be examined, very important facts, in favour of the unfortunate gentleman at the bar, must be excluded from the consideration of the Jury. My Lord, we are not now debating whether this gentlemen is to be examined, aye or no, but whether he is to be put into a situation of indemnity; I must, for one, take the liberty of interposing my objections to his being placed in that situation. My Lord, I have not heard from the learned gentleman, who opened this case, any precedent for such indemnity; I will state several precedents, from whence, the impossibility of a witness being placed in that situation, is, I think, clearly to be inferred; I shall state them from memory, and, I believe, that memory will be found to be correct. I had the good fortune to pass many of my younger years under the learned gentleman who has opened this cause, and, if I know any thing of the principles of criminal law, it was from the advocate for this prosecution that I have learned them. My Lord, I remember several instances, while I practised in this Court; the first is, the case of Dr. Dodd, who was tried for the forgery of a bond upon a noble Lord; upon that occasion, it was not conceived, that the attesting witness to that bond, who certainly had no moral guilt in that transaction; it did not occur to any body, that he could be entitled to any hope of indemnity; but that course was taken which is the constant practice, that an accomplice in guilt may entitle himself to a pardon, by making, antecedently to the time of trial, a full confession of his guilt, and so obtaining his pardon; thereby giving him such a claim upon the clemency of the Crown, as could not resisted, In that case, Mr. Robertson was the witness, and he was taken sub silentia before the Grand Jury; at which one of your Lordships, who I believe formed a part of that Court, was sorry, saying, that a counsel for the prosecution shall not be permitted to apply privately for a witness be carried to the Grand Jury; but the Court were to be asked leave to take the witness. It is a thing I have seen an hundred times since I have attended in this place. My Lord, I now come to the case of Mr. Puresoy; a case where I had the honour of conducting the prosecution, and my learned friend, Mr. Erskine, had that gentleman's life entrusted to his care. General Stanwich was the second; he was called, and so anxious were they, that persons absolutely attended as counsel for the witness, and yet there was no idea of indemnity in that case. My Lord, the next is, the case of Mr. Allen and Mr. Morris, who were tried at this bat; I was not present; my learned friend, who was then Recorder, might be present; Mr. Allen was a principal in the duel; Mr. Morris was Mr. Allen's second; and the gentleman who fell, was Mr. Delaney; Mr. Delaney, I believe, was his second; in that case, the second for the person who fell was examined as a witness; and he was not permitted to ask for the indemnity now asked by Capt. Donnisthorpe; and, I trust, that as it never has been done, your Lordship will not now make the precedent. My Lord, there is another case; the case of Colonel Gordon; and there was no question but the death of Col. Thomas was occasioned by his hand; the death was proved beyond a possibility of doubt; I had the honour of being one of the Colonel's counsel; Lord Chief Justice, then Lord Chief Baron, Eyre, presided; Capt. Hill, if I do not mistake, was the second to Colonel Gordon; he had all the feelings of a man of honour about him; he did not wish to be examined; and the Lord Chief Baron immediately, of his own motion. stated to Capt. Hill this: - Capt. Hill, it has appeared in this cause, that you have had a share in this matter, which may involve you in a degree of criminality; you may chuse whether you will be examined or not. Capt. Hill felt as every man of honour felt; he wished not to be examined; but, considering that his evidence might be of use to the Colonel, he submitted to be examined; bat not upon an offer of indemnity; and, therefore, I contend, that Capt. Donnisthorpe cannot be examined upon such promise of indemnity. Mr. Sergeant Adair. My Lord, I shall not press this matter one jot further than your Lordship shall be perfectly satisfied, that what you are about to do, is regular and conducive to the ends of justice; I reply rather on account of the argument used against it, than from any anxiety that I feel upon the point, for I have other witnesses to the fact. Mr. Justice Rooke. Then Brother Adair, let Captain Donnisthorpe be called in, and I will tell him the situation in which he stands; if he chuses to take the risk, there will be an end of it. (Captain Donnisthorpe called in again.) Court. Mr. Donnisthorpe; you have been called here as a witness, and you hesitate to take the oath, doubting how far what you say may affect you hereafter; now, in answer to that doubt, the Court tell you this; they cannot compel you to be examined, but if you chuse to be examined, you must fulfil the terms of your oath, which is, to tell every thing you know, the truth, the whole truth, and nothing but the truth; you will have that honorary claim to the mercy of the Crown, which all accomplices, in criminal cases, have always had; and it is the established practice of the Courts of Justice of this country, where a witness does acquit himself honourably and fairly between the Crown and the party, that the Court should use its influence to protect that witness against future charges; if, under these circumstances, you chuse to be examined, the Court will hear you; if you think yourself not sufficiently secure, the Court cannot compel you; if you are examined, you will be liable to the whole cross-examination of the Counsel for the prisoner; and you must tell every thing you know respecting this business; I cannot explain your duty in shorter words than those of the oath; it must be the truth, the whole truth, and nothing but the truth. Captain Donnisthorpe. I will be guided by your Lordship's advice. Court. It would ill become me to give you advice, you must use your own discretion. Captain Donnisthorpe . I am conscious I have done nothing that I am either ashamed or afraid to speak; but, at the same time, as self-preservation is the first law of nature, no man, I think, would willingly run himself into danger. Court. The question is, whether you think you are in danger if you act honourably and fairly between the public and the prisoner; do you think, after what the Court have said, you will be in danger? Captain Donnisthorpe . As there has been a report gone out that I was a second, I fear I might be affected by telling every thing I know; I am at some little loss to know whether it might affect me or not. Mr. Justice Rooke. The Court cannot invite your examination, it must be for yourself to judge. Captain Donnisthorpe . My Lord, As it happened so long ago, I cannot give so good an account as I would with. Mr. Justice Lawrence. The only question is, whether you think sir, after what has been said, to be examined. Captain Donnisthorpe . My Lord, I had rather be excused. Mr. Serjeant Adair. My Lord, we now come to the witnesses who were examined before the Coroner, four of whom are dead, in the order of evidence; therefore we shall first submit to your Lordships the depositions of such of the witnesses as we can prove to be dead; I have required into the circumstances under which those depositions come; and, I understand, there will be some difficulty in proving the hand-writing of the Coroner for that purpose; therefore, I will just take up your Lordship's time in calling one witness to prove that fact; the Coroner has been long dead. Mr. COUSINS sworn. Examined by Mr. Sergeant Adair. Q. Were you present at the examination before the Coroner, upon the death of Mr. Rowlls? - A. Yes. Q. Do you recollect whether the depositions were or not taken down in writing? - A. They were; I signed my own deposition. Q. Do you recollect whether the Coroner did or did not sign those depositions, after they were taken? Mr. Garrow. Of course as they are examined apart, be so good as to ask him if he knows any thing more than respecting his own? Witness. I saw several signed. Mr. Sergeant Adair. Can you speak to whether the Coroner signed them or not? - A. I cannot. Mr. Sergeant Adair. Then, my Lord, we cannot prove his hand-writing. JOHN SANDEFORD sworn. Examined by Mr. Fielding. Q. In what line of life are you? - A. I live at the George, at Chifwick; I am a coachmaster: In 1784, I was servant to an uncle of mine, who then kept the house. Q. Did you in the month of June, 1784, go to Cranford-bridge with any body in a carriage? - A. I took up at Turnham-green a lady, to go to Cranford-bridge, with a Dr. Morrell; I used to stop at Mr. Goddard's, at Cranford-bridge, as I went backwards and forwards. Q.What passed at Cranford-bridge that took your particular attention? - A. I stopped there to freshen my horses, and for the lady to get out, which she generally used to do; when I stopped, there was a lad waiting with a post-chaise; he was the first boy; what he said to me induced me to go through the house; as soon as I had got the lady out of the carriage, I went to the back of Mr. Goddard's garden, and there were some gentlemen fighting a duel in the common field about 50 or 60 yards from the garden. Q.Describe to my Lord, and the Gentlemen of the Jury, what you observed? - A. I saw no more than four; one of them, as soon as I came to the hedge side, I knew was Mr. Rowlls; two of them stood to the east and two to the west; it might be about 18 yards from each other; Mr. Rowlls was dressed in a light coloured waistcoat, with stripes round the pocket-holes, and narrow lace up the border, I cannot say positively, but to the best of my recollection he had no coat on; I heard some lady cry out, "Gentlemen, is not three times enough to try your courage, or do you want to murder one another;" a Lady D'Arterie they called her; soon after the same lady, to the best of my knowledge by the voice, said, Lord D'Arterie wanted to speak to them, and then they all four came very near where I heard the voice come from, to the best of my recollection, but I did not hear any conversation pass; they then went back to their ground again that they came from, and presented their pistols at each other; Mr. Rowlls's pistol went off, and the other gentleman's did not go off; I did not know his name; they said it was a Mr. England; then he presented the pistol again, and it went off, and shot Mr. Rowlls in the groin, as near as I can recollect; he took a bit of a feel, and fell on his left side. Q.What then became of the person who had shot him? - A. He went through the field, I believe, with the rest of the people; I should have interfered for Mr. Rowlls, as I knew him so well, to have prevented it, but there was a cry of keep off, that our lives were in danger, and to leave the business alone; but I cannot say whether it came from Mr. Rowlls's party or the other. Q. Did he go up towards Mr. Rowlls as he lay on the ground? - A. I cannot speak to that. Q.Had you an opportunity to speak to Mr. Rowlls? - A. No; when I went through the hedge into the field, I could not see any life in him; I took up the pistol that was in his right hand, and went and said, Mr. Rowlls was no more; and then I saw the two gentlemen who stood to the west come round into the bowling-green house, and put their pistols into a box, which they put into a port-chaise, and made the best of their way towards London; one of them came out of the chaise again to get a sword, or pistol, or something he had left behind and got in again. Q.From the opportunity you had of observing the person who shot Mr. Rowlls, are you able to guess whether you should know the person again? - A. I don't know that I should; I don't think I should; I did not know any of them but Mr. Rowll. Q.Where did you know him; who was he? - A. He was a brewer , at Kingston upon Thames; his mother goes by the name of Lee now, but her name was Rowlls then; he used to go frequently to a public dinner at Brentford where I have been, and I have had him sing a song. Cross-examined by Mr. Garrow. Q. He was rather a wild, dissipated young man? - A. I don't know; he was a joculer, merry young man. Q.The two gentlemen that went away, went away in a chaise and pair? - A. Yes. Q. Did you see a chaise and pair waiting for Mr. Rowlls and his friend? - A. No; I saw but one chaise. Q. If you don't know it, it is easy to say so; do you happen to know whether there was a chaise and four in readiness for Mr. Rowlls? - A. No, I do not. - PALMER sworn. Examined by Mr. Mingay. I am a collar-maker at Hounslow; I happened to be at work at the Inn, at Cranford-bridge , at the time this unfortunate business happened; I was mending the harness when I heard the roport of two pistols, almost together; I immediately left my work, and went down into the meadow; I laid down in the field; and, while I was there, a shot came very near me; I went from there up into the cart-house. Q. How far distant were you from the combatants then? - A. I suppose, not above a dozen, or fourteen yards, as nigh as I can recollect; it was a cart-house upon the same land. I saw Mr. Rowlls with his coat off; I did not know Mr. England; Mr. Rowlls, and Mr. Donnisthorpe, his second, walked up to the other gentleman, and his second, and I think I heard one say he would give 100l. and the other said, he would have 200l.; and then Mr. Rowlls turned short upon his left, went to his ground, and fired at Mr. England. Q. Can you say who it was that said he would give 100l.; and who it was that said he would have 200l.? - A. I cannot recollect; I have had two sits of a fever since, so that my memory has failed me very much; one just before last Christmas, and the other just after this affair happened; I cannot recollect many things that I should do in my business now. Court. (To Sandeford.) Q. You say you saw a pistol presented just before Mr. Rowlls fell; was it fired as soon as it was presented? - A. It was a considerable time, so that a person had time to take a particular aim. Jury. Q. You said the pistol snapped; was it primed afterwards? - A. No; he held it in his right hand. Q. That was Mr. Rowlls's pistol? - A. Yes. Q.But the other pistol that did not go off, did you see it primed in order to discharge it afterwards? - A. I did not particularly notice; there was not any flash in the pan, so that the priming might remain in; but it went off afterwards, because I saw him fall. Q. What time do you think it was from the pistol snapping first, till you saw it fired? - A. I cannot speak to the time; It might be the space of a second or two. WILLIAM SCRAGG sworn. Examined by Mr. Lawes. Q. Did you live at Cranford-bridge in 1784? - A. Yes; I worked, as gardener, at Mr. Goddard's; I was there when two gentlemen came into the room where I worked; I was nailing a tree against the wall; I did not know them; I saw them open a box with pistols in it; and they got out at the window, instead of out of the door. Q. Look round, and tell us if you see either of the persons here? - A. I cannot be sure, because I never saw the gentleman before nor since; I saw but two fires; I cannot say which fired first or last; but I saw Mr. Rowlls fall, and the other gentleman got into a chaise and went away. Q. Do you know how many pistols were fired? - A. I heard as many as five, but I cannot say any further. The Right Hon. LORD CREMORNE sworn. Examined by Mr. Sergeant Adair. Q. Did your Lordship stop at Cranford-bridge, at the time that the affair happened, which is the subject of this enqury? - A. I did. Q. Will your Lordship have the goodness to tell us what you saw and heard at the time; you were at that time Lord d'Arterie? - A. Yes; I went up stairs to write a note, to send back by the postision; while I was writing, I heard a shot; I was told there was a duel fighting; I immediately went down to a field where there were ten or twelve people; there was the Rev. Mr. Burrows, and Lady d' Arterie, met at the bottom of the stairs; Mr. Burrows and I agreed to go down and endeavour to stop further disagreement; to see if it could not be adjusted; we went down to the hedge, and Mr. Burrows addressed himself to the combatants; the second of Mr. Rowlls told us, we had no business there; it was not an affair of ours; and desired we would go away; upon this, there was no answer made; Mr. England advanced some steps towards us, took off his hat, and said these words, "Gentlemen, (says he) I have been cruelly treated, highly injured in my honour and character, let there be a reparation made to that, and I am ready to have done this moment." Immediately upon Mr. England's retiring to his ground again, the second of Mr. Rowlls addressed us a second time; and told us, it was no affair of ours at all, that if we did not go away, he should be obliged, however unwillingly, to make use of the word impertinent; Lady d'Arterie was there, while we were speaking, and fearing some words might pass disagreeably, she ran down alarmed along side of the hedge, where we were; and told the second, upon his making use of that word, "Sir, (says the) neither Mr. Burrows nor Lord'd Arterie, mean the least impertinence, be assured they do not; only give them leave to try if they cannot interfere so as to prevent the consequences."Mr. Rowlls's second said, "Gentlemen, I beg you will go away; madam, I beg you will go away." Upon that, we retired; the Rev. Mr. Antrobus went up, with Lady Cremerne, and I don't know whether Mr. Burrows went up with her, to prevent her seeing any consequences that might shock her; I staid in the bower till I saw Mr. Rowlls fall. Q. Had your Lordship an opportunity of seeing by whom the shot was fired, upon which Mr. Rowlls fell? - A. I did; that person was Mr. England. Q.Should you know the man again? - A. I never saw him but that once in my life, that I am not clear, about it; before Mr. England fired his pistol, Mr. Rowlls came up and spoke, but so low, that I did not hear what passed; Mr. England stood at his arm and drew back the pistol; I don't know what it was owing to, and Mr. Rowlls came up. Cross-examined by Mr. Erskine. Q. Your Lordship has given evidence so very distinctly, that the Court and Jury have an opportunity of knowing it, and I shall only ask you one question; you have stated the language in which Mr. England addressed your Lordship, which is too plain to require a comment from me; did your Lordship see any thing which took off the impression made upon your mind by what he said to you of his disposition to peace? - A. The impression upon my mind was, that he was desirous of being done with it, if there was that reparation made to his honour. Q.On the other hand you observed great violence on the part of Mr. Rowlls's second? - A. I certainly did. Q. I take it for granted Mr. Rowlls was near enough to be witness to that violence of his second? - A. He was close behind him. Q. Mr. Burrows, I believe, is a very respectable clergyman, and a friend of your Lordship's? - A. Nobody more so; he is since dead. Court. Q. Will your Lordship have the goodness to step down towards the bar, and see if your Lordship knows any person there?(The Court ordered that several persons should stand with Mr. England, at the bar). Lord Cremorne. A. I am not quite clear, my Lord; it is so long ago, that I cannot upon my oath say. WILLIAM WOOLHOUSE sworn. Examined by Mr. Mingay. I am a grocer, at Chertsey: I did live at Eaton. Q. Do you know the prisoner at the bar, Mr. England? - A. It is so long ago that I cannot say I recollect him; I knew him very well then; I had known him four or five years. Court. Q. Can you say whether that is Mr. England or not? - A. I believe it is. Mr. Mingay. Q. Have you any doubt upon your mind? - A. No; I was present at the time this unfortunate affair happened; I went to Cranford-bridge, at the request of Mr. Rowlls, the deceased, as a friend of his; we were at Windfor the night before the duel; and he asked me to go over with him; I heard two pistols fired; I saw nothing of the duel; but I met the prisoner after it was over, going into a chaise; a girl said, "Good God! Mr. Rowlls is shot!" Mr England came up at the same time, with two pistols in his hand; he threw up one of them in the air, and said, "yes; and I would not have shot him now, if he had behaved like a gentleman. Cross-examined by Mr. Garrow. Q. Were you present when Mr. Rowlls was cutting a stick the evening before? - A. No. Q. Did you sup with him? - A. No. Q. You were not present at any toasts that he drank upon his knees? - A. No. Q. You are sure of that? - A. Yes. Q. How late was it when you left him? - A. Between ten and eleven o'clock; I lived at Eton at that time, and I went home. Q. Were you with him when he drank some spirits in the morning? - A. No; I did not see him in the morning. Q. You did not hear the expressions he made use of when he threw them down? - A. No. - FROGLEY sworn. Examined by Mr. Lawes. I am a surgeon: I was present at the time the ball was extracted from Mr. Rowlls. Q. Have you any doubt, as a surgeon, of the cause of his death? - A. None in the world. Q. To what do you ascribe it? - A. To the ball; to the best of my knowledge, that was the cause of his death. Mr. Garrow. Q. You were not the surgeon who attended Mr. Rowlls to Cranford-bridge? - A. No; I did not see him till an hour after his death. JOHN BARBER sworn. I am an attorney. Mr. Sergeant Adair. Q. Do you remember, about the month of February, 1784, any proceedings, in Westminster-hall, between you and Mr. England? Mr. Erskine. You must not preface your question by appealing to that which you cannot prove in Court; alluding to certain proceedings, which are, not proved, neither can be proved; and in the next place, this being charged in June, you have not shewn any connexion. Mr. Justice Rooke. Q. Do you mean to give any intermediate evidence? Mr. Sergeant Adair. A. No, my Lord. Mr. Justice Rooke. Then we are all of opinion you should not offer it. Court. (To Lord Derby). Q. You have given us an account of the conversation that passed at Ascot, can your Lordship tell how long that was before the duel was fought? - A. I know nothing of the duel, of my own knowledge; but, I believe the duel took place next morning. (Mr. England put in a written defence, which was read by the clerk, as follows): Gentlemen of the Jury, I will lay the condition of my mind before you, as it existed throughout the transactions, which, indeed, were the causes of the unfortunate event, which brings me. a long exiled and suffering prisoner, before you; and I address you most solemnly, and in the presence of God, to whom alone I can appeal for the truth of my declaration. Mr. Rowlls had soread reports injurious to my character; and to remove this unfounded and ruinous imputation, I solemnly declare, all my conduct was directed; and it is surely incredible that I should be desirous to expose my life to the most imminent peril, in pursuit of an insignificant sum of money; but yielding to the feelings of honour, I was anxious to redeem myself from shame, urged by a principle that has always been considered by juries with tenderness and indulgence. The situation in which, most unfortunately I was placed, by his conduct, led to the altercation in the stand, as proved by Lord Derby, was resented by the deceased, by a public challenge, accompanied with insults and reproaches, and threats of blows, which left no alternative between my consent to meet him, and the relinquishment of the title of a gentleman, and of every comfort that renders human life any other than an intolerable burden. Gentlemen, still speaking in the presence of God, who knows the heart of man, I received my adversary's challenge, and met him in the field with no other sensation than regard to my wounded character, which I laboured to repair without danger to Mr. Rowlls, and struggled to avert from him all dangers, in a manner almost without parallel in any one case where affairs of honour have ever unfortunately been brought to such a crisis; after I had exposed myself three times to death, because the declaration which was to restore my character, was refused; I fired my pistol in the air, the signal of peace and reconciliation; I did so to give Mr. Rowlls an opportunity to do me justice, without a possible restection upon his own character; I did that at the risk even of my own honour to satisfy his, and to avoid the horror I felt at being the cause of death, by the possible accidents of that unfortunate situation. The honourable and learned advocate for the Crown indulgently directed your attention to this circumstance in my favour; after the interference of the gentlemen who attended us, all justice was refused, and I was left to the dreadful alternative of retiring disgraced and dishonoured, or submitting to the progress of the duel, which he was resohed to pursue; again, I received Mr. Rowlls's fire, without the least disposition to return it, exposing my life to further peril, keeping danger from him, seeking nothing but the privilege of living not disgraced, which, in my mind, is worse than not living at all. For the proof of these transactions, I need not now appeal to the testi mony of witnesses, because a most disinterested and honourable nobleman providentially present, by mere accident, upon the spot, has proved it; but it has appeared in evidence, that the unfortunate gentleman came to the field with sentiments and feelings widely and fatally different from mine, as appears by Lord Cremorne's evidence; but unfortunately Mr. Rowlls came resolved, that nothing should terminate the quarrel but his death or mine; and with the resolution also, to make no reparation to my honour, though his could not have suffered; because I offered to go publickly to the stand, and satisfy him. My own conscrence acquits me of malice; and I leave myself in your hands, upon the liberal principles avowed by the learned and honourable advocate for the prosecution, who does not wish to shut out of your view those circumstances which, in this day, may bring before you for judgment, the most humane and best of mankind. For the prisoner. The Right Hon. the MARQUIS of HERTFORD sworn. Examined by Mr. Garrow. Q. I believe your Lordship has had some opportunity of acquaintance with Mr. England? - A. None, previous to the unhappy affair which occasions his appearing at this bar; but I have observed his humane conduct abroad for fifteen years past, particularly at the Spa; he was always distinguished by the civility and respect which he shewed towards every person with whom he had intercourse; he always behaved generously and handsomely to his countrymen when in distress; and, instead of promoting quarrels and diffention, would endeavour to avoid them; I have observed instances in which he has shewn a very pacific disposition, so far as was consistent with the character of a gentleman. Q. From your Lordship's observation of the character and conduct of Mr. England, and from facts communicated to you, by others, do you take him to be a troublesome man, promoting quarrels, or a peaceable man? - A. I am persuaded, from all I have seen of him, he is totally devoid of the murderous disposition imputed to him out of doors, and which, I hope, is wiped away by the handsome manner in which Lord Derby has spoke of him. Court. We cannot hear that, my Lord. A. Mr. Garrow put it to me very generally; I beg your Lordship's pardon. SAMUEL WHITEBREAD , Esq. sworn. Examined by Mr. Erskine. Q. I believe you have been acquainted some time with the unfortunate gentleman at the bar? - A. My first knowledge of Mr. England was in or about the year 1783; I frequently met him at places of public resort; afterwards at Spa, in 1787; his behaviour, as far as ever it came under my observation, was decent and gentleman-like; his deportment, instead of that of a man seeking quarrels, was that of a man strenuous to avoid them. Q. Did he appear to you, from his general deportment, to be a man of a quarrelsome disposition? - A. Quite the contrary: and, I must beg leave to add, that my opinion of his disposition, in that respect, was formed previous to the unhappy accident which took place, and has been continued down to this time. Colonel BISHOP sworn. Examined by Mr. Const. Q. You have been many years acquainted with Mr. England? - A. A great many. Q. What character, from your observation of his conduct, has he bore? - A. I never saw the least inclination in Mr. England to provoke any man; I have always considered him as a well behaved man, and a well-bred man; I never saw the least tendency to quarrel or provoke any man. Q. On the contrary, was he peaceable in his disposition? - A. Upon my oath, I think remarkably so. Colonel WOLLASTON sworn. Examined by Mr. Erskine. Q. I believe you have had an opportunity of observing the deportment, on very trying occasions, of the unfortunate gentleman at the bar? - A. I have. Q. You commanded his Majesty's troops, I believe, at Nieuport? - A. I did. Q. Tell his Lordship, and the Jury, the impression made upon your mind, from your general observation of his deportment? - A. Mr. England had to pass through Nieuport, while I commanded there; his wish seemed to be to give me all the information he could, relating to the enemy. Q. Did his conduct appear to be good and zealous for the interests of his country? - A. Certainly very zealous indeed, at the risque of his life. CALEB PRIDDEN sworn. Examined by Mr. Garrow. Q. How long have you been acquainted with Mr. England? - A. Twenty years. Q. Be so good as tell these gentlemen what is his character, whether he is of a humane, kind disposition, or the contrary? - A. In every situation, public and private, he would put up with an injury, upon the slightest apology, sooner than resent it; he was never quarrelsome. The Right Hon. the EARL of DERBY called again. Examined by Mr. Garrow. Q. I believe you had a knowledge of the character and conduct of Mr. England? - A. I have known him fifteen or sixteen years. Q. Will your Lordship have the goodness to state your general opinion of his character? - A. His character is that of a well-behaved, polite gentleman; he appeared upon all occasions more studious to avoid quarrels than to promote them; and, I will add, that in the instance I have already been examined to, Mr. England bore it with a great deal more temper than I should have done myself.(Summing up.) Court. Gentlemen of the Jury: the prisoner, Richard England, stands indicted for the murder of Peter Lee Rowlls, on the 18th of June, 1784, at Cranford-bridge, by shooting him with a pistol. It appears, in the course of this evidence, that the death of Mr. Rowlls ensued in consequence of a duel, and therefore, before I sum up any evidence to you, it will be very proper that I should open your minds upon the law of this land, on the subject of duelling, and I believe I shall have the concurrence of my two brothers on the bench with me, when I tell you that there is no doubt, that in point of law, when two parties meet together deliberately, and not in the then heat of blood for the purpose of seeking each others lives, that whoever gave the challenge, if either falls, it is murder in the other, by whose hand he falls. I state this, not on the authority of the Judges of this day alone, but I will state to you a series of authorities of the ablest and best men that the courts of judicature of this country have ever known, from Lord Coke down to the present time. Lord Coke, in a case, very similar to the present, the case of one Taverner, who had fought a duel, who had fled his country, who was outlawed, who returned after that outlawry, and got his outlawry reversed, was afterwards tried at the bar of the King's-bench, and in that case, Lord Coke, assisted by Croke, Dodderidge, and Haughton, laid this down for law: "This," says he," I say, for law, that if one only do give the cause of provocation, and send the challenge, and the other accepts of it, and upon this they enter combat, and he who sends the challenge is killed, this is clearly murder in the other." My Lord Hale, as humane a Judge as ever sat in a court, adopts this case, and cites it in his treatise for law. My Lord Chief Justice Holt, who had as tender a regard for the liberties and lives of his fellow-subjects as any man ever had, in the case of the Queen and Moggeridge, supposes this case, that in a set duel there are mutual passes made between the combatants, yet, if there be original malice between the parties, it is not the interchange of blows will make any alteration in the original intention. If a time was appointed to fight, as suppose the next day, and accordingly do fight, it is murder in him that kills the other; but if they go into the field immediately and fight, then but manslaughter. My Lord Raymond, who was a great ornament to the judicature of this country, in giving the opinion of the judges in the case of Major Hoadley , who had killed a Mr. Gore in a duel, cites with approbation these two cases from an author of authority, of the name of Crompton; he says, "Two quarrelled, one says, if you go into the field, I will break your head, and there one kills the other, murder. Two fell out on a sudden in the town. and they, by agreement, go into the field presently, and one kills the other, murder." And he follows this case up with this doctrine,"though the law of England is so peculiarly favourable as to permit the excuse of anger and passion (which a man ought to keep under and to govern), in some instances, to extenuate crimes even so heinous as that of taking away man's life; yet in these cases it must be such a passion, as for the time deprives him of his reasoning faculties; for if it appears that reason has assumed its office, if it appears that he reslects, deliberates, and considers, before he gives the fatal stroke, (which be cannot as long as the sury of passion continues,) the law will no longer exempt him from the punishment, which, from the greatness of the injury, and the heinousness of the crime he justly deserves, so as to lessen it from murder to manslaughter." This doctrine is again adopted by Sergeant Hawkins , in his pleas of the Crown, and is also adopted by Mr. Justice Foster, whom the public revered for his humanity; and it is followed up by Mr. Justice Blackstone, in very particular words: he says, "Express malice is when one with a sedate, deliberate mind, and formed design, doth kill another, which formed design is evidenced by external circumstances, discovering that inward intention, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm. This takes in the case of deliberate duelling where both parties meet avowedly with an intent to murder, thinking it their duty as gentlemen, and claiming it as their right to wanton with their own lives, and those of their fellow-creatures, without any warrant or authority from any person, either divine or human; but in direct contradiction to the laws, both of God and man, and therefore the law has justly fixed the crime and punishment of murder on them and on their second, also; yet it requires such a degree of passive valour to combat even the dread of undeserved contempt, arising from the false notions of honour, too generally received in Europe, that the strongest prohibitions and penalties of the law will never be entirely effectual to eradicate this unhappy custom, till a method he found out of compelling the original aggressor to make some other satisfaction to the affronted party, which the world shall esteem equally reputable, as that which is now given at the hazard of the life and fortune, as well of the person insulted, as of him who hath given the insult." Upon this ground, I have no doubt in stating to you, that where parties meet deliberately together, seeking the life of each other, and have not the excuse of sudden provocation, and such passion as overpowers their reason; there is no doubt that the law considers, that if one falls, the death of that person is procured by murder, and that the other is guilty of that crime. The law here you see is strict and positive; there is a false notion, and a fashion in the world, on the other side, it will be for you to say, after I have stated the circumstances of this case to you, whether you think there are grounds to suppose here that there was any sudden passion or provocation; whether the parties were in such heat of blood as not to know what they did at the time they were fighting the duel; if you are of opinion there was no such heat of blood at that time, then I must tell you, that if you pronounce the prisoner guilty of manslaughter and not of murder, you will give way to the fashion of the times, at the expence of the law of the land.(Here the learned judge summed up the evidence to the Jury, after which he proceeded as follows:) Gentlemen, upon these facts the prisoner's case is to be lost you, and I believe I have the concurrence of my having on the bench, when I tell you that a deliberate due upon whatever provocation in the eye of law, is plater; for the law does lean to repress those false notions of honour, which men unhappily have taken up among themselves; it will keep the peace, and will keep it diligently and carefully whenever there are any opportunities of intersering, but will not suffer a person, through a false notion of honour, to meet deliberately in a field, with a design to take away the life of another. at the same time the law says, if they meet under circumstances of sudden provocation, the man who takes away the life of the other is guilty of manslaughter only. Gentlemen, you have heard the circumstances of this case; there is a quarrel at Ascot-heath races, and a very gross insult is given on both sides as appears to me; for on the one side there is a public proclamation, that the deceased would not pay what he borrowed, and then there is an attempt to strike Mr. England, accompanied with these words, "what do you mean by that, you rascal, you scoundrel." or some such words; the next day they meet at Cransord-bridge, coming in different parties; it does not appear that they had met in the room before they got to the field; you find that there is great heat on the part of Mr. Rowlls's second; it rests on the prisoner to shew that he had received, immediately before the duel, some ground of provocation; there is nothing of that kind shewn on the part of the prisoner. It appears from Lord Cremorne's evidence, that at the time that his Lordship and others intersered, Mr. England took off his bat and said, "Gentlemen, I have been cruelly treated, highly injured in my honour and character, let there be a reparation done to that, and I am ready to have done this moment." Upon these words, gentlemen, I had better make no comment at all; I shall leave you to consider whether these were the words of an angry injured man who had received that morning any particular insult; or of a man who did it in consequence of what passed the day before, deliberately at Ascot races. - If you think they are the words of a deliberate man, they make against him; if you believe they are the words of an angry man, as relating to something that passed immediately before the duel, they are in his favour; on the other hand, you have this declaration which makes against the prisoner, that after he had shot Mr. Rowlls, instead of going up to assist Mr. Rowlls, he makes off for his chaise; and, in consequence of the exclamation of the servant girl, he says, "I would not have shot him now, if he had behaved like a gentleman:" you will consider that expression, whether that shews that he was in possession of his senses at the time, and whether it shews matter of deliberation and coolness, and such as the law will not consider as varranting you in declaring this to be a manslaughter; namely, it you find Mr. England to have been cool, and in the possession of himself before the duel, during the tuel, and after the duel, the law is strict; if on the other and you think he had met with any provocation that morning (none appearing before us,) so as to carry him to the field in great heat of blood, then the law does so far indulge, and allow for the insirmities of human nature; as to authorize you to say, upon your oath, that he is guilty of munslaughter only. - Under these direction it will be for you, gentlemen, to decide.(The Jury having withdrawn about twenty-five minutes, brought in a verdict NOT GUILTY of the MURDER, but GUILTY of MANSLAUGHTER ). Mr. Justice Rooke immediately passed sentence as follows: Richard England - You have been convicted, through the mercy of the Jury, of the crime of Manslaughter only, having been indicted of the crime of Murder. The grounds on which the Jury have gone, it is not for the Court to enquire after; I have no doubt that they have satisfied their own consciences in acquitting you of the murder; but you stand before the Court under such circumstances as do not lead this Court to incline to shew any particular lenity to you; you have fled the justice of your country for twelve years; you have, in the course of that time, had benefit from the death of several witnesses who were examined before the Coroner; and, by not chusing to meet the justice of your country immediately after the crime was committed, you have prevented the Court from knowing fully all the circumstances of this case; such circumstances as have come before them, lead the Court to think that your case, though of Manslaughter, is by no means a favourable case of Manslaughter; for you have met your fellow-subject deliberately in the field, and, for aught that I can see in the course of this evidence, you have perfectly preserved your recollection and deliberation during the whole of the transaction. It is very much to be lamented, that the laws of honour, which prevail among, I am afraid, almost all the ranks of society at this time, should be so directly in opposition to the public law of the land; but it is so, and it often serves, and in this instance it has served, to prevent you from executing the dreadful, the grand, and the ultimate vengeance of the law. Having been convicted of Manslaughter, the Court think it proper to set you forth as an example in future, to let the world know, that they cannot commit even the crime of Manslaughter in a duel, without subjecting themselves to very considerable punishment; such punishment as the Court are warranted in inflicting, they do inflict upon you. The sentence of the Court upon you, therefore, is, that you be fined One Shilling , and imprisoned twelve months . 182. WILLIAM POOREY was indicted for feloniously stealing, on the 29th of January , two pieces of bar iron, of fifteen pounds weight, value 2s. 6d. the property of Thomas Myers . THOMAS MYERS sworn. I live at No. 110, Brook-street, Ratcliff-highway ; I am a blacksmith ; this iron, (producing it,) was found upon the prisoner; it is my property; it was marked down, and cut, to make some bridges for Mr. Shakespear. Court. Q. What do you mean by marking it down? - A. Out of the bar, into these lengths, to be cut down; the prisoner was my servant, and worked in the shop upwards of twenty years as my foreman . Mr. Ally. Q. It is the same as any other iron of the same dimensions? - A. I cannot say. Court. Q. Is there any thing you can swear to it by, but the length, and its being cut down? - A. No. ANN MYERS sworn. On the 29th of January last, between six and seven in the evening. I was informed somebody was taking some iron away; I went to the door, and the prisoner was coming past with the iron; I said, Bill, your master wants you; he said he would come presently; I said, I want to have a word with you now; and he put the iron behind him; I told him he was a thief, and I had detected him. Cross-examined by Mr. Ally. Q. Where did you first discover the prisoner and the iron? - A. At the front door; he had taken it off the wall. Q. There is a wall to the street, and the iron was upon it? - A. Yes. Q. And he was coming round to the shop-door? - A. He was come clear from it. Q. Did not he tell you he had taken the iron from a man who had taken it from the wall? - A. No, he did not. ANN MYERS , junior, sworn. I saw the prisoner take the iron off the wall adjoining to my father's shop, between six and seven in the evening, after he had left off work, and go round the side of the house with it, near the ruins of a fire; and I went and informed my mother. Cross-examined by Mr. Ally. Q. It was pretty dark at that time? - A. Not so dark but I could see it. Q. How far was it from the ruins? - A. About as far as I am from you. Prisoner. I leave my defence to my counsel.(The prisoner called seven witnesses, who gave him a good character). GUILTY . (Aged 33.) Fined 1s. and imprisoned twelve months in the House of Correction . Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE. 183. HENRY MARKS was indicted for p utting off, on the 14th of February , to one Levi Cowen , five pieces of false and counterfeit milled money, made to the likeness of a half crown, three pieces of false money to the likeness of a shilling, and nine pieces to the likeness of a sixpence, the same not being cut in pieces . LEVI COWEN sworn. I know the prisoner. Last Sunday morning I met him, and he asked me if I wanted to buy any goods; I told him I did; with that he took me home with him to his house in Petticoat-lane, and shewed me nine sixpences, five half crowns, and three shillings; he asked me six shillings for them. I put my hand in my pocket and pulled out half a crown; I told him I had not money to purchase them; he told me to leave the half-crown, and bring the three shillings and sixpence before twelve o'clock, and I should have the goods; with that I went and acquainted Tipper, Mayne and Purnell, who are officers, of it. I returned and went up into his room about twelve o'clock, and the officers staid below. Q. What passed between you and the officers before you went to the house? - A Mayne marked three shillings and a sixpence, and gave them to me to make up the money, and they searched me; I had nothing upon me but that three shillings and sixpence. When I came to the house, the officers staid below, and I went up into the room, and saw the prisoner with a child on his lap, and a woman paring potatoes; he asked me for three shillings and sixpence, and took out of his pocket a paper of the money, five half-crowns, nine sixpences, and three shillings; I gave him the three shillings and sixpence, and he gave it to the woman. When I entered the room there was a frying-pan on the fire, and some base metal in it; the officers then came in, and searched me, and found the five half-crowns, the nine sixpences, and three shillings; they searched the prisoner, and found three sixpences upon him; the woman was putting the three shillings and sixpence in her pocket as the officers came into the room, and they took it from her. Cross-examined by Mr. Ally. Q. This is all truth you have been telling us? - A. Yes. Q. Was any body by when the prisoner said this to you? - A. No. Q. It all depends on your credit? - A. Yes. Q. You went again and found him above stairs, and he gave you the money? - A. Yes. Q. Why were the officers not to go up with you? - A. Because, if they had come up, he would not have given me the money. Q. You went up stairs, and the officers came up to you? - A. Yes. Q. The officers had so good an opinion of you, they searched you before you went up? - A. Yes. Q. How did they search you? - A. They searched all my pockets and waistcoat. Q. Was it not possible for you to conceal this money that the officers might not find it? - A. No; I don't know where I was to put it but in my pocket. Q. Could you not have put it in your bosom, or somewhere where the officers would not find it? - A. I am not such a lad as to do that. Q.What are you? - A. A Jew, and sell lemons and oranges. Q. Did you always give the same account of this transaction? - A. Yes. Q. Did you give the same account to the Magistrate? - A. Yes. Q. Did not you tell the Magistrate you got only seven shillings and sixpence. - A. Yes; I told the Lord Mayor seven shillings and sixpence; that was a mistake which I immediately corrected, as soon as the words were out of my mouth. Q. Did you correct it till the officer told you? - A. As soon as I said seven, the officer said nine. Q. The officer said nine, and then you said nine? - A. Yes. Q. What was your reason for doing this? - A. For the public good. PETER MAYNE sworn. I am an officer. On Sunday last, between ten and eleven o'clock, the last witness called at my house, and, in consequence of an information from him, I sent for more assistance. I went to Houndsditch and joined Tipper. I took three shillings and sixpence out of my pocket, and marked them, and gave them to the last with 1s. I stroked him down, to see that he had no more money. I did not put my hand in his pockets; he said he had no more, only two in halfpence; I did not feel the halfpence; then we went to a ginger-bread baker's in Petticoat-lane; we let the last witness go up first in order to complete his bargain; in the course of a minute we proceeded up two pair of stairs. As soon as we entered the room, we saw the last witness, the prisoner, and the woman; there was a frying-pan close by the fire, and a piece of metal in it of some sort; I then perceived something in the hand of the last witness; he put his left hand into his left coat pocket, I immediately caught hold of it, and out of his hand I took a paper containing five half-crowns, three shillings, and nine sixpences; I asked him where he got this money; he immediately said he had it from the prisoner; the prisoner did not say any thing; I put the money in my pocket; I am clear it is all counterfeit; I have been in the habit of apprehending persons with bad money; I then proceeded to search the prisoner, and in his left hand breeches pocket I found three base counterfeit sixpences; they are not finished, they want rubbing and putting in a liquid; they are not in a state for circulation. (The money was all produced, and handed to the Jury). Q. Did you search the woman? - A. I did not, I was engaged with the prisoner and the last witness. Cross-examined by Mr. Ally. Q. These sixpences are not such as could be passed off? - A. Yes. Q. You rubbed down the witness Cowen before you went to the house? - A. I did not put my hand in his pocket; I asked him particularly if he had any more money Q. If he has sworn that you put your hand in his pocket, he has sworn that that is not true? - A. Certainly; for I did not put my hand in his pocket. - PURNELL sworn. I went with the last witness and Tipper, on Sunday morning, to the prisoner's lodging; we went up stairs, and Mayne searched the first evidence, and found some bad money in his pocket; I saw the woman putting something in her pocket; I went and took the three shillings and sixpence out of her hand; it was the same that Mayne had marked. Mayne. There is one particular shilling I can swear to, it has a dent in it; I marked them all. Q. How did you mark them? - A. With a sort of a scratch with a knife. Q. You believe that three shillings and sixpence to be the same you gave to Cowen? - A. I do. Court. What do you mean by saying these sixpences are not finished; they appear to have been in circulation? - A. They have been in circulation; they are not in the state they have been at first. Mr. Ally. I understand that you are paid by the Mint for your trouble of attending here? - A. I don't know that I am; I have never been in the business before. Q.(To Mayne). There is good pay, I believe, for attending here? - A. No, not sufficient for taking a man out of his business. Prisoner's defence. I am now, in this present situation, an innocent man; I never saw the evidence before in my life till he came up stairs. Q.(To Mayne). These things were in a paper? - A. They were in a brown paper, in the hand of the first witness. Q. In what way were they put up; were they solded up? - A. No; they were all loose together. For the Prisoner. MOSES COWEN sworn. Q. Do you know Levi Cowen ? - A. To my sorrow, he is my unfortunate son. Q. What is his general character? - A If I must speak the truth, I must speak against my son. Q. Is your son fit to be believed upon his oath? - A. I would not take his oath for three halfpence; he has taken so many false oaths.(The prisoner called four other witnesses, who gave him a good character.) Jury. (To Mayne). Q. Was it in the hearing of the prisoner that Cowen said he had the money of him? - A. Yes, certainly it was in the hearing of the prisoner. NOT GUILTY . Tried by the London Jury, before Mr. Justice LAWRENCE. 184. ANN CRAWLEY was indicted for feloniously stealing, on the 31st of January , one thousand seven hundred and twenty-eight iron screws; value 15s. eighteen thousand nails, value 1l. and three thousand other nails, value 35s. the property of William Knight and Richard Knight , in their dwelling-house . RICHARD KNIGHT sworn. I live in Foster-lane ; I am in partnership with William Knight, my father ; the prisoner was a servant in the family; I had missed a variety of articles, and seeing the prisoner frequently go out in an evening with her apron gathered up, as if she had something in it, my suspicions fell upon her. On Saturday evening, the 30th of January, seeing her go out in the manner I have described, I desired my brother to follow her, which he did, and, on his return, related what he had seen; I desired him to mark a variety of articles she was likely to take, to mark them on the back, which he did. The next day, being Sunday, in the morning before the family went to church, the parcels remained the same as they were in the evening, in the different holes of the shop; after returning from church, about one o'clock, there were several of them missing; the prisoner was the only person left at home that morning; in the evening, about six o'clock, it is the custom of my mother to send the servants to church, and thinking that the might take that opportunity of taking the goods, I went down in the shop in the dark, and disposed myself so as to have a full view of the prisoner, without being discovered myself; after waiting some time, the prisoner came down stairs, apparently with a heavy bundle in her hand, and went out, I immediately followed her, and before she had got ten or a dozen yards from the door, I overlook her, and taking hold of her arm, I desired to know what she had got; she made answer, what was that to me; I desired her to come back and let me see what it was, she refused; my brother coming up, took hold of her other arm; she then came back with us; taking the parcel from her, we discovered it to be very heavy; we then sent for Woodman, the constable; we examined the parcel, and it consisted of a variety of screws and nails that had been marked the preceding evening,(producing them): the constable examined her box and bed-chamber, in her presence, and found a quantity of nails concealed on a shall behind her bed, that had been marked the evening before; they were delivered to the constable, who has had them in his possession ever since. Q.Does any body else sleep in this bed-room besides herself? - A. No; those found upon her were tied up in parcels; thousands, two thousands, and so on, as they were marked in the shop Cross-examined by Mr. Knowlys. Q. There are a variety of articles in the indictment more than were found upon her? - A. There were some in the bed-room, and some found upon her. Q. The parcels found in the bed-room, and those taken upon her, were nearly the same quantity? - A. Yes. Q. She had an opportunity of taking them at different times? - A. I don't know; those in the bed-room that were marked, must have been taken between the time of marking them, and the time they were found. Court. Do you know what number of parcels were marked? - A. No; I don't know what parcels in particular; my brother marked them. GRORGE KNIGHT sworn. I am brother to the last witness; I marked several parcels of nails on the Saturday; these are three of the parcels I marked; they were found in her apron; they are tacks, or nails; 3000 at the rate of 1s. a thousand, 7000 of larger nails, and about 3000 screws; there are about 15,000 of the larger nails, at the rate of 20d. a thousand; 12 gross of screws, worth 2s. a gross; the rest were found in her bed-room; I did not mark any of the screws. Cross-examined by Mr. Ally. Q. All these might have been taken at different times? - A. The screws might; the tacks were all taken at once. - WOODMAN sworn. These things have been in my possession ever since; they were taken from the prisoner. Prisoner. I leave my defence to my Counsel.(The prisoner called three witnesses, who gave her a good character.) GUILTY, Of stealing the goods to the value of 39s .(Aged 37.) Transported for seven years . Tried by the London Jury, before Mr. Justice LAWRENCE. 185. JAMES BUSHELL was indicted for feloniously stealing 19 Venetian window blinds, value 9s. and three canvas window blinds on rollers, value 3s. the property of George Welch , Jan. 22 . (The case was opened by Mr. Knowlys). JOHN FLETCHER sworn. Q. Do you know Mr. George Welch ? - A. Yes: On the 23d of April last, I purchased the lease of a house for Mr. Welch, of the trustees of Mr. Topham, No. 73, Cornhill ; there were a vast number of fixtures to be taken at a fair valuation by Mr. Welch; I valued the fixtures; the blinds we missed were part of them; they were valued and appraised to Mr. Welch, and the property actually transferred to him. Q. Do you know any thing yourself with respect to the blinds? - A. Sometime in July last, or beginning of August, we missed a number of fixtures from the house, and I informed Mr. Welch of it; among which were the Venetian and canvas blinds, mentioned in the indictment; three of the canvas blinds and four of the Venetian blinds were fixed, and the rest were lying loose in a back office; I was present when they were afterwards found, on the 25th of January, in the lodgings of the prisoner, in the house of a man of the name of Levi Hayes, in three different rooms, two of them up two pair of stairs, and one up three pair. Q. Do you know from any thing the prisoner has told you, that he had any connexion with those rooms? - A. No: All the things mentioned in the indictment were found in that house. Q. You have valued them at 30s. is that about the value? - A. Yes. Cross-examined by Mr. Knapp. Q. When did you agree for this house for Mr. Welch? - A. The 23d of April. Q. Did you see the deeds executed? - A. I did. Q. You missed the things as long ago as July? - A. July or August. Q. That is upwards of six months; had you other people working in this house? - A. There were other people. Q. They were found the 25th of July, at this house? - A. Yes. Q. Any other person as well as the prisoner might have taken them to this house? - A. I don't know. Q. From July to the time you found them, they might have been through many hands? - A. They might. Q. They were not concealed? - A. They were rather concealed; the one was under the bed, the others behind a box. STEPHEN PONDER sworn. I am a carpenter; I know the prisoner perfectly well; he was employed by my father as a journeyman carpenter , and set to work at the house of Mr. Welch, the 21st of July, and continued to work there till the latter end of November; I heard that the blinds were missing some time in the beginning of August; I heard the prisoner was taken up, and went with the constable Sapwell, and Mr. Fletcher, to the prisoner's lodging in St. Helen's; the constable told me it was his lodging; the landlord's name is Hayes; on first entering the second floor, we found some blinds against the window; we went into the bed-room, and there were concealed, under the bed, some canvas blinds on rollers; we then went into the three pair of stairs room, and behind a quantity of lumber, we found some more blinds; the prisoner was not with us, he was in custody. Cross-examined by Mr. Knapp. Q. You would not have employed this man if you had not had a good opinion of his honesty? - A. Certainly I had no bad opinion of him. Q. They were lost in August, and not found till January? - A. Yes. Q. In that time they might have gone through various hands? - A. Probably they might. Q. On entering the first room, you saw some blinds immediately? - A. Yes. Q. The others were in a work-shop? - A. Yes. Q. When blinds want mending, is it not common to take them home to mend? - A. It is improper. Q. It is not common? - A. I do not know. JOSEPH PALMER sworn. I am foreman to Mr. Ponder: I was employed about the house of Mr. Welch. Q. Was the prisoner at work there likewise? - A. He was; there were some blinds loose in the back room, and in the one pair of stairs the blinds were fixed; they were missed while the prisoner was at work there; I had the blinds from Mr. Sapwell's, and went with Mr. Fletcher to see whether they would fit the places in the one pair of stairs; I sitted the blinds to the places where they were suspected to be taken from in Mr. Welch's house, and they sitted exactly; I observed they had not been unscrewed, but torn off with a narrow chissel, or a screw-driver; the hinges of the blinds were bent, and there was the impression of the instrument in the bead of the sash frames they hung to; I believe the blinds I had at Sapwell's, and fitted to the places, were the blinds that were taken away. Cross-examined by Mr. Knapp. Q. You are a journeyman carpenter? - A. Yes. Q. And so is the prisoner? - A. Yes. Q. You would not, as a carpenter, take the blinds down in this way? - A. I should probably have unscrewed them. Q. The prisoner staid in the service of Mr. Ponder, and worked in Mr. Welch's house till November? - A. I cannot say exactly. THOMAS SAPWELL sworn. I am a constable: I went to Levi Hayes' house with Mr. Fletcher and Mr. Ponder; I found the things in their presence; I did not know the prisoner before I had him in custody. Q. Did you deliver the things to Palmer? - A. No; my man did; they are the same things that I took out of Hayes' house. LEVI HAYES sworn. I live in Little St. Helen's; the prisoner lodged in my house; he had the second floor, and one room on the third floor, for occasional use; I was not at home when the house was searched. Cross-examined by Mr. Knapp. Q. He had the occasional use of this third floor? - A. Yes. Q. Other persons lodged in the house? - A. Yes, several. Q. Did any body else use this third floor? - A. A poor old woman we gave it to almost out of charity, and another person. Q. Did he lodge with you up to the time he was taken up? - A. Yes. Q. What is his character? - A. Always just, sober, and upright. Mr. Knowlys. Q. Where there any other persons in your house who were in the service of Mr. Ponder? - A. No. Mr.Knapp. Q. Do you know all Mr. Ponder's servants who are employed by him? - A. No. Q.Did any of Mr. Ponder's servants come backwards and forwards? - A. Not that I know of; I have heard so. Mr. Knowlys. (To Palmer). Look at those things. - A. These are the same things that I resitted to the window. Q.From the observation you had had of them, and from the marks you saw upon the sitting, do you believe then to be the blinds that sitted the window? - A. I verily believe they are; they are bent hinges; these are the same blinds, no doubt of it. Mr. Knapp. Q. They are common Venetian blinds, others might fit the windows? - A. A thousand to one if they did. Court. Q. Have you any marks upon them that you can point out? - A. I can say no otherwise than they fitted the place; the hinges are torn off. Court. Q. There is no mark but the violence that identifies them? - A. It has not marked the blinds but the beads. Court. Q. Do the blinds suit the beads? - A. Exactly.(The prisoner called five witnesses, who all gave him a good character.) NOT GUILTY . Tried by the London Jury, before Mr. Justice ASHHURST. 186. THOMAS ATWELL was indicted, for that he, having been tried and convicted of grand larceny, at the assizes at Croydon, and adjudged to be transported beyond the seas for the term of seven years, was feloniously found at large, without any lawful cause, before the expiration of that term . (The case was opened by Mr. Knowlys). HENRY ALPORT sworn. I am keeper of the New Gaol, in Southwark; I was at the Croydon Assizes in July last; the prisoner was tried there; I have the certificate of his conviction, (producing it). Q. Was he tried by the same name that he is now tried by? - A. Yes; Thomas Atwell Q. Where did you get that certificate? - A. From Mr. Knapp, clerk of the assize; I saw Mr. Knapp sign it. Mr. Ally. Q. This is a copy of it, I take it? - A. No; it is the original, (it is read). Court. Q. Had you this man in custody before? - A. Yes. Q. Do you know that this is the same Thomas Atwell that was tried for stealing that trunk? - A. Yes; I have known him some years. Q. You are sure it is the same man? - A. Yes. Q. You had him in custody before his trial? - A. No; I took him in custody the 8th of August; I was present when he was tried at Croydon, and I am certain he is the same man. Mr. Knowlys. Q. Do you know what became of him afterwards? - A. I took him on the 29th of December; I went down to Reading, in Berkshire, in consequence of an information I received; I found him at the barracks at Knightsbridge. Q.Not in any custody? - A. No. Cross-examined by Mr. Ally. Q. You found him at the barracks? - A. Yes; I found him there as a soldier. Q. He had enlisted, had not he? - A. Yes. Q. He had a conditional pardon? - A. He had, I took it back to the Duke of Portland's office; I never broke the seal. Court. Q. You understood he had enlisted? - A. In the Duke of York's regiment of foot guards; he was to go to join Colonel Maitland's regiment, to go to the West Indies. - HILTON sworn. I am servant to the keeper of the county gaol of Surrey: On the 9th of December, I was ordered, by the gate keeper, and the keeper that is at present, to conduct the prisoner at the bar to Portsmouth, with a letter received from the War office directed to Lieutenant-Colonel Maitland, &c. &c. Portsmouth; that letter I delivered to the keeper, when I came back. Court. (To Alport). Q. Have you that letter? - A. No; I carried it to the office as I was ordered. Halton. I went with him to the Spread-Eagle, Gracechurch-street, and conducted him to Portsmouth; when I came there. I enquired for Colonel Maitland; I could get no intelligence of him; I applied to the Governor, and was informed, that the fleet had sailed, and he was gone with the fleet to the West-Indies. I was then directed to the Transport office, I found I could get no conveyance to deliver him; I then took a place for myself and him, to bring him back to London. I walked about with the prisoner, I had no place to lodge him in, he had no irons on, till about five o'clock; when he made an excuse that he wanted to go to the privy; the privy was in a small yard along-side the dwelling where we were, and I followed him at a little distance; and the door that let out into the yard was a door that opened towards me, in a narrow passage, he turned the door before me, and I walked gently after him, and when I turned the door I missed him; I thought he was gone to the privy, I looked there and found he had made his escape. I then proceeded round Portsmouth to discover him, but I could not hear any thing at all of him. Cross-examined by Mr. Ally. Q. I believe the first tidings you heard of him was, that he was in the barracks at Knightsbridge? - A. No. Q.Through what channel was it that you received information of him? - A. I had received information that he had enlisted as a soldier. Q.Do you know of any letter he had written to the Duke of Portland, specifying that he had enlisted in the Duke of York's regiment? - A. I did not see the letter, I heard that there was one. Court. In strictness of law I cannot ask the Jury to trisle with their oaths; this man is guilty of being at large; but when I find that that man immediately after enlisted, I shall direct the Jury to find him guilty; and offer my recommendation to his Majesty, that he may be sent to the West-Indies now; the fleet had failed, and he could not join it. GUILTY . Death . (Aged 23.) Tried by the first Middlesex Jury, before Mr. Justice ROOKE. 187. SAMUEL, otherwise WILLIAM TRAMP , was indicted, for that he having been tried and convicted of grand larceny, and adjudged to be transported beyond the seas, for the term of seven years, was feloniously found at large without any lawful cause before the expiration of that term . (The case was opened by Mr. Knowlys). JOHN OWEN sworn. I am servant to Mr. Kirby, the keeper of Newgate; I was present at the trial of Samuel Tramp , he was tried here in April 1794. Q. Is that the same man? - A. That is the same man. Q.Have you the certificate of his conviction from Mr. Shelton, the officer of this Court? - A. Yes; that is his hand writing; I saw him sign it,(it is read). Q. How long did he remain in Newgate after that? - A. I delivered him on board the hulks at Woolwich, on the 21st of October, 1794; he was brought back by an order from the Secretary of State, to Newgate, to be sent to serve his Majesty in the 60th regiment, that was going to the West Indies; I delivered him at Southampton, the 30th of October, 1795; I have the receipt of his delivery, (producing it). Q.Did you ever see him again after that till he was brought in custody upon, this charge? - A. Never. Court. Q. Who did you deliver him over to? - A. To Col. Robert Malcolm. JOHN SAYER sworn. I am one of the officers belonging to Bow-street; I apprehended the prisoner at the bar, in Marygold court, in the Strand, on the 10th of February. Q.Did you apprehend him by accident, or in consequence of an information? - A. In consequence of an information. Prisoner's defence. I was conducted to Southampton, from Newgate, by Mr. Owen; he knows we might have made our escape several times, but I was glad to embrace the opportunity of serving his Majesty; and we went with the wrong convoy, and came back again, and went on board the right convoy; there was a galley went, and we were all put down below for forty-nine hours, without any thing to eat or drink; I was very ill sed by the captain and we put back, and they had leave to come on shore, and I did the same as any body would have been glad to have done, after they had been used in that manner. Owen. I had a party of light-horse to escort him and forty-three others, to Southampton; I always took particular care of him, that he could not have escaped. Court. Q. In what regiment were you on board? Prisoner. In the 60th regiment; I was going to the West-Indies. Court. Gentlemen of the Jury; if you find him guilty, I shall recommend him to his Majesty's mercy. GUILTY . Death . Tried by the first Middlesex Jury, before Mr. Justice ASHHURST. 188. WILLIAM CLARE was indicted for feloniously stealing, on the 5th of February , seven wether sheep, value 10l. the property of William Spain . WILLIAM SPAIN sworn. On Tuesday the 9th of February, I sent to the field for my sheep, and was told they were taken away on Friday the 5th. Q. Where had you seen them before the 5th? - A. I had not seen them myself for a month; the keeper of the field is here who saw them on the 5th. GEORGE LANGLEY sworn. I look after the fields for Mr. Richard Garratt, and mind hay, or any thing that he has for me to do, in the parish of Willsden ; I saw the sheep on Friday the 5th of this month, and on the 6th in the morning they were gone. Q.How came you to observe the sheep? - A. Because I used to look after them every day, and I think there were twenty in the first lot, before any was drafted off, that were marked, and nine in the other lot; those twenty were reddled almost all over more so than those nine were; Mr. Spair. and I, and his little boy, drawed ten of them away sometime before; I cannot say how long, it is sometime back; and then Mr. Spain sent for the remainder of that lot, and never let me know; and then there were two of these nine taken away; I sent Mr. Spain word, and he came and looked after them, but could not find them; and then, the 5th of this month, the seven were fetched away; I saw them in the afternoon. Q. How many were there then? - A. Seven out of the nine. Q. And how many out of the score? - A. They were all fetched away before. Q. Then there were only seven sheep in the whole? - A. Only seven in the whole; I saw them in the afternoon, and on the 6th in the morning they were gone; I never saw them afterwards. Q.Should you know them again? - A. Yes. Q.Have you seen their skins? - A. I have seen one. Q.Where did you see that skin? - A. On Monday, in Marlborough-street, and I have seen it since. Q.Was it one of the seven skins? - A. Yes. JAMES SMITH sworn. My father is a sheep salesman, in Smithfield-market; as I was going to market on Friday night, the 5th, about a quarter after six, I met a man with seven sheep of the Southdown kind, on Paddington-hill, just on this side the Red-lion, Westbourngreen, in the Harrow-road; he was a tall thin man, with a light coloured coat, very much of the appearance of the prisoner. Q. How were the sheep marked? - A. I don't know the mark, there was a reddle along the back. Q. Did you see any mark at all? - A. No; he was driving them up the hill very fast. Q. Look at the prisoner? - A. I think he has very much the appearance of the man. Examined by Mr. Knowlys. Q. It was so dark you could not see the marks of the sheep, nor the countenance of the man? - A. No. - FLEMING sworn. I am a labouring man, the prisoner came to my dwelling-house on the 5th, in the evening, in North-Cumberland-mews, Mary-le-bonne parish. Q. What time did he come to you? - A. I was in bed, it was about seven or eight o'clock, as near as I can tell; he asked my wife if I could go to market the next morning with some sheep; my wife said I was not satisfied with what I went with before. Q. When did you see the prisoner? - A. At six in the morning. Q. Do you know of your own knowledge that he came the over-night? - A. Yes; I heard him. Q.Did you hear what he came about? - A. No; I cannot say I heard what he said; he left word he would come the next morning at four o'clock. Q. Did he call the next morning at four o'clock? - A. No; at six. Q. What passed? - A. I opened the window and looked out, and he asked me if I could go to market for him; he said my wife seemed to signify I thought it was too little money to go for; he said, he would give me 6d. more; I came down and harnessed the horse, and put it to the cart, and went along with him; I went to St. George's-row, and there we put seven skins in first, some straw over them, and put in six carcases; we came to Newgate-market; the prisoner carried the sheep into the market, and I stood with the cart; the seven skins I took to the skin-market, the top of St. John's-street; some the prisoner pulled out, and some I threw out; he drew the skins into the yard by the legs, four one time, and three the other. Q. Into whose yard? - A. Mr. Harwood's yard. Q. Was Harwood there? - A. I did not see him, for I never got out of the cart at all, and then we both went away. THOMAS HARWOOD sworn. I live in St. John's-street, No.212; I am a sheep-skin salesman: On the 6th of February, I received seven skins in the name of Clare. Q. What o'clock was it? - A. About half after seven or eight o'clock. Q. Did you know Clare before? - A. Yes; I have paid him money before. Q. How often have you dealt with him? - A. Four or five, or six times, I cannot positively say; I have sold skins by commission for a man of that name; they were delivered in the name of Clare, and as such, I sold them to a man of the name of Newsom, his man Ewings was with me. Q. Look at the prisoner? - A. I believe I paid that man for the seven skins. Q. Have you any doubt about it? - A. No; I think it was 3s. 3d a-piece. Q. They were the same skins you sold? - A. Yes. the same I received. Jury. Q. Were they booked? - A. Yes. Q. What did you book them at? - A. Three shillings and three-pence. Cross-examined by Mr. Knowlys Q. You have dealt with this man before? - A. Yes. Q. He is a beast-jobber, is not he? - A. I don't know. Q. You sold these skins mixed with others? - A. Yes; we classed them, I believe there were seven or eight score in that lot. Court. Q. Are you sure the skins you had of the prisoner were in that lot? - A. I believe they were in that lot. Q. Don't you know they were in that lot? - A. They were in that lot. WILLIAM EWINGS sworn. I am servant to Mr. Newsom. Q. Did you purchase any sheep skins on the 6th of February of Mr. Harwood? - A. Yes. Q. How many? - A. In that lot the prosecutor found his in; I bought 184. Q. Among the lot the prosecutor saw, were the skins you bought of Harwood? - A. They were in that lot. Q. Did you show the lot to Mr. Spain? - A. No; Mr. Spain came on the Wednesday following that we bought them on Saturday the 6th, and saw two of them hanging to dry in Mr. Newsom's yard, after we had washed them, and he picked these out from the others. Q. Where does Mr. Newsom live? - A. In Bermondsey-street, Southwark. Q. What is Mr. Newsom? - A. A sellmonger. Q. Were these two skins part of the lot you bought of Harwood? - A. Yes. JAMES MUTHERING sworn. I am a butcher; I live with Mr. Dagg, in Upper Seymour-street, Portman-square: On the 5th of February, in the evening, I went to the public-house in St. George's-row, and in about five or ten minutes, the prisoner at the bar came in; he asked me if I would come into his place, and take a sheep skin off for him; I went in, and he had almost finished one; he gave me the knife, and I finished it; after that I dressed another; I told the prisoner at the bar I could not stay any longer, I must go; he had got one more dead, and two or three alive. Q. Do you know exactly how many he had alive? - A. I cannot exactly say; he asked me if I would have any thing to drink for my trouble, which I refused; I came away, and left him in the place where he was at work. Q.What is the prisoner? - A. I don't know; I don't think he is a butcher by trade; I don't think he knows the business. Q. He has no shop as a butcher? - A. No, none at all; the place was a bit of a stable; there were no conveniencies; we were obliged to lift up every thing by strength. Q. When did you inform; Mr. Spain of this? - A. I told one of the witnesses of it; the people at the public-house knew I did it; there were two or three in company knew I did it at the time. Cross-examined by Mr. Knowlys. Q. This was not all a secret transaction? - A. No; he came and drank at the public-house afterwards. Q. He made no secret of it? - A. No. Court. Were the sheep he had dressed done in a butcher-like manner? - A. No, not at all. Jury. What breed were the sheep of? - A. Southdown, and an oker mark along the back. Q.(To Spain.) Did you go to Mr. Newsom's yard? - A. Yes, on the Wednesday, at Bermondsey-street, in the Borough; I found two of the skins hanging on a rail; the first thing that they said was, they had bought them of Harwood. Q. Were they your property? - A. Yes; they had my mark on them. Q. Are you sure that these two skins were the skins of two of your sheep? - A. Yes; I am sure of it. Q. Have you the least doubt upon the subject? - A. I have no doubt at all. Q. Are you sure these were the sheep you lost between the 5th and the 6th? - A. Yes, I am sure they are two of the skins; I went down on the Thursday; they said they could not be removed; they desired me to come on Saturday; I could not go on Saturday; I went on Sunday; they removed the skins, and found three more on the rails. Q. Did you find any more? - A. No; I did not go any more; the justice said, two were sufficient. Q.Are you sure these three were your property? - A. Yes. Cross-examined by Mr. Knowlys. Q. You found these among a great number of others? - A. There were a great many on the rails. Prisoner's defence. I know myself innocent of the crime I am accused of, and therefore I leave it to my counsel. Mr. Knowlys. (To Harwood). The skins you sold to Mr. Newsom were in a lot of 184? - Yes; that was the fact. Q. Did you see these two skins picked out by the prosecutor? - A. I saw one. Q. Can you say that skin was one of the seven you bought of the prisoner? - A. I cannot swear that. Q.(To Ewings.) Do you know whether those skins picked out of the parcel were part of the skins sold to Harwood? - A. No. GUILTY . Death . (Aged 29.) Tried by the first Middlesex Jury, before Mr. COMMON SERGEANT. 189. MARIA TERESA PHIPOE was indicted, for that she, on the 14th of April , in a certain dwelling-house, near the King's highway, in and upon John Courtoy did make an assault, putting him in fear and danger of his life, with intent the monies of the said John feloniously to steal .(No evidence was offered on the part of the prosecution.) NOT GUILTY . 190. JOHN AVERSHAW was indicted for feloniously stealing, on the 17th of February , a man's cloth coat, value 2s. a kerseymere waistcoat, value 2s. a pair of leather breeches, value 3s. seven shillings and sixpence in monies numbered, and two pocket-pieces, value 1d. the goods and monies of Edward Hickin . EDWARD HICKIN sworn. I am a musician , I play the violin; I live in the Borough, I am servant to Charles Welwin, an apothecary, in St. George's-Fields: On the 17th of February, between five and six o'clock, I was at the Coach-and-Horses, Newington-Green , in the parish of I slington; I shifted my cloathes in a private room; I left the cloaths I pulled off in the room; a coat, a waistcoat, and a pair of leather breeches; and seven shillings and sixpence, and two pocket-pieces, in the breeches pocket; there was a merry-making there, and I pulled them off to put on a jacket to dance; during my absence they were stolen; on my return, at six o'clock, the prisoner was in custody of the officers of the parish; they asked me if I could describe my cloaths, which I did; the cloaths were then produced to my view, and I found they were mine that I left there. Q. Did you know any thing of the prisoner? - A. No. RICHARD LUMLEY sworn. I am a hair-dresser, I live at Islington: On Tuesday, between five and six o'clock, I went to Newington-Green; I was going into the Coach-and-Horses, and saw the prisoner come from the door with a bundle, and heard one or two people say,"brush now," which made me take notice of him; I saw him run down a lane adjoining to the place; I said to a person or two that were by, I believed he had stolen things, if they would pursue him with me, I would take him; I pursued him, and took him in the field; he was in a ditch, raking some dirt over the things; I took him about two yards from the place; as I got over the style, he rose up, and went from them; I pursued him and took him; I found a coat, waistcoat, and breeches; seven shillings in one of the breeches pockets, and sixpence, and two pocket-pieces, in the other; I took him and the cloaths to the Coach-and-Horses, and shewed them to Hicken; he said they were his property. Prisoner. That man is known very well, he bears a bad character; and would swear any man's life away for five shillings. Q. Do you know any thing of the prisoner? - A. No, I do not; I never saw him before to my knowledge. SAMUEL HILL sworn. I am a hair-dresser at Newington-Green; hearing that there was some dancing and tumbling going on at the Coach-and-Horses, I went to see it; I stood till I got cold, and then went into the yard to have a game at Dutch-pins, to warm me; while I was in the ground, Lumley said, there is a man gone out that has boned something. Q. Did you understand the meaning of boning something? - A. Yes, thieving; upon that, he said, if some of you will pursue him we shall take him; I was the second after him; just as Lumley got over the style, he cried, "here he is," when I got to him, he had laid hold of him, which was about four yards from the ditch; me and another young man held him by the collar, while Lumley went to the ditch and took the property out; we then brought him back to the Coach-and-Horses, and delivered him into the hands of the constable; there was a coat, waistcoat, and breeches; as the young man and I held the man by the collar, the breeches gingled; and Lumley said, there is something in the pocket, let us take it out, left it should fail out; and he took out seven shillings and sixpence, and two pocket-pieces. (The things were produced in Court, by the constable, and deposed to by the prosicutor). Constable. I searched the prisoner, I think he had two halfpence, and a sarthing, and a very good watch; I returned the watch, the Magistrate bid me take it from him, and leave it to be advertised; it is now at Hatton-Garden. Prisoner's defence. I heard there was a thing going on as a mountebank, jumping and dancing, and tumbling and jumping in sacks, I went to see it; and as I was going home, over the field, these men came and stopped me, and said, I was the man; I never was nigh the ditch, and they found nothing upon me.)(The prisoner called one witness, who gave him a good character. GUILTY . (Aged 20.) Fined 1s. and imprisoned six months in the House of Correction . Tried by the second Middlesex Jury, before Mr. COMMON SERGEANT. 191. THOMAS DAVENPORT was indicted for that he, on the 25th of January , in and upon Ann Thacker , did make an assault, and her the said Ann, did ravish and carnally know against her will . (The case was opened by Mr. Peat.) (The witnesses were examined apart at the request of the prisoner). ANN THACKER called in. Mr. Justice Lawrence. Q. How old are you? - A. I was eleven last New year's day. Q. Do you know what will be the consequence of your not telling that which is true upon your oath? - A. I should go to a bad place. Q. What do you mean by going to a bad place?(The question was repeated several times, and the child hesitated a long while, during which time Mr. Justice Rooke came into the Court). Mr. Justice Rooke. Q. Did you ever hear of God Almighty? - A. Yes. Q.Do you think he would be pleased or angry with you, if you tell that which is false? - A. He will be angry with me. Q. And what if you tell truth? - A. He will be pleased. Q. Do you fear him? - A. Yes. Q. How old are you? - A. Eleven last New-year's day.(She was sworn). Q. You are turned of eleven? - A. Yes. Q.What part of the house is the room you sleep in? - A. In the garret. Q.Where does your father live? - A. In Bedford-bury ; he is a publican. Q. Who sleeps in the next room to you? - A. Nobody. Q. Does any body sleep on the same floor? - A. No; only the maid; the sleeps in the same room. Q.Did the maid sleep in the same bed? - A. Yes. Q. What night did this happen? - A. On the Monday morning. Q. Do you know the day of the month? - A. I don't know. Q.Was the maid in bed with you when this happened? - A. No; she had got up and left me. Q.Do you know what time she left you? - A. No; I was asleep. Q. What time did you awake? - A. Between eight and nine o'clock. Q.Did you hear any noise in the room before the matter you are going to speak of? - A. No. Court. Q. How many mornings is it ago? - A. I believe about four Mondays; this soldier came up between eight and nine o'clock. Q. Do you know the prisoner? - A. Yes. Q. Did you ever see him before? - A. Yes. Q. Had he been long in the house? - A. No. Q.Did he live there? - A. He was quartered in the house. Q.How long had he been quartered there? - A. I cannot tell rightly. Q. On this Monday morning what have you to say against him? - A. He came up stairs. Q.What did he do? - A. He hurt me very much. Q. You were asleep and found him hurting you very much? - A. Yes. Q. Are you sure it was that man? - A. Yes. Q. How did he hurt you; you must tell the truth; don't be ashamed; where did he hurt you? - A. Here, (pointing her hand to her private parts). Q. How did he hurt you there; what with, his hand, or what; don't be ashamed? - (Hesitates). Q. Don't be ashamed; tell me what he hurt you with? - A. With his cock. Q. What did he do with it? - A. He put it in me. Q. Did he put it into your body? - A. Yes. Q. Are you sure of that? - A. Yes. Q. How long did he stay there? - A. Not long. Q. How came he to take it out again? - A. Because I cried very much. Q. Did you feel any thing come from him? - A. Yes. Q. What sort of thing was that, wet or dry? - A. Wet. Q. Was it warm or cold? - A. Warm. Q. This is the account you give of the man? - A. Yes. Q. You cried very much? - A. Yes. Q. What did the soldier do then? - A. He went down stairs. Q. Did he run down? - A. No; walked down. Q. Did any body come up to you? - A. No. Q. How soon did you get up after this? - A. I got up directly. Q.When did you tell this to any body? - A. Two days after. Q.Why did you not tell it directly? - A. Because I had a bad mother-in-law. Q.How do you mean a bad mother-in-law? - A. She used to use me very ill. Q. How did she use you very ill? - A. She used to beat me. Q.Did you suppose she would beat you if you told this? - A. I don't know. Q. Who did you first tell it to? - A. To a woman in the house; her name is Mrs. Duncan. Q. How came you to tell it to her? - A. Because she asked me. Q. Where is she now? - A. She is not here. Q. Why is not she here? - A. Because we could not find her; she told it to my father, and he questioned me about it as soon as he heard of it, the same day. Q. Did you feel any pain from what had happened? - A. Yes, directly. Q. And did that pain continue? - A. Yes. Q. When did you feel yourself ill; or did you feel yourself ill at all? - A. A little while afterwards. Q. Did your father send any body to you; did any surgeon examine you? - A. Yes. Q. Who was the surgeon? - A. James Gale . Q. When did he examine you? - A. I don't know rightly what day. Q. The same day your father heard of it? - A. No, the day afterwards. Q. Remember, upon your oath, you are bound to tell the truth; did ever any other man besides the prisoner use you in this way? - A. No; no other man. Q. You are positive it was the prisoner who used you so? - A. Yes. Q. You found him in your body? - A. Yes. Q. Was he in your body at the time something warm came from him? - A. Yes. Prisoner. Q. You say I came up to bed to you that Monday morning? - A. Yes. Q.You was asleep when I came up? - A. Yes. Q. And you saw me come up the stairs? - A. Yes. Q. Your Lordship hears what she says; what did I do to you then? - A. You used me very ill. Q. Did I say any thing to you? - A. No. Q. What did I do to you? - A. He did the same as I have told you. Court. Q. Did you see him come up stairs? - A. No. Prisoner. I would be very glad if you would examine her to that; she says, she saw me come up stairs, and she says I waked her. Court. Q. Did you see him come up stairs? - A. I did not; I knew nothing of him till I found him upon the bed with me. JAMES GALE sworn. Examined by Mr. Peatt. I am a surgeon: I was sent for by Robert Thacker, on the 27th of last month, to meet him at Bow-street. Be so kind as to state distinctly what you know of this? - A. By the request of Mr. Justice Addington, I went into a private room to examine the child; that is the child; she is under my hands now. Q. What was the result of her examination? - A. I examined her, and found the exterior parts very much inflamed. Court. Q. What was that inflammation owing to? - A. There was a very great discharge; I should suppose owing to perforation; on the further examination, I found the neck of the virgina very much lacerated, and a very great discharge; as to the complexion of the discharge, I was not positive whether it was venereal or not, at that time; to confirm my opinion, I went over to the Brown Bear , where the prisoner was confined, to examine him also; I found a strong ghonorrhoea from the urethra; I have had the child under my care ever since. Q. Has she any symptoms of this venereal now? - A. She is under a mercurial course now, and a strong discharge upon her; she has the gonorrhcea upon her at this time. Q. You examined this child; were the appearances you saw, the effect of violence from some person or other? - A. No doubt but some puncture was the occasion of that inflammation; I have not the least doubt of it. Q. Was the hymen destroyed? - A. At the first examination I could not be positive, being dark at night. Q.Are you quite certain from your professional knowledge, and that knowledge applied to the observation of that child, are you quite clear that that child had been penetrated by some person? - A. Not the least doubt of it, because, passing the finger up the passage, I found it extremely inflamed; the second time I examined her at my own house, I passed my finger half an inch or an inch, and found it very much inflamed; the hymen was destroyed in some measure, but whether from the puncture, or the acrimony of the discharge, I cannot say. Court. Q. Have you been long a surgeon? - A. About sixteen years. Q. Have you had much experience in this way? - A. I mostly practise surgery. Q. Then I will ask you a question for the sake of the public, and enlightening the public mind upon this subject; is it possible for a man, having a venereal taint of this sort, to receive any benefit from connexion with a child? - A. It is an extremely false idea. Court. This idea cannot be too well understood, because many poor miserable wretches have that notion? - A. I should suppose quite the reverse, because any thing that irritates the penis must inflame it and encrease the discharge. Court. That has been the uniform answer of every surgeon that I ever heard. Mr. Peatt. My Lord, I understand that the father, at the instance of the mother-in-law, was arrested, a day or two before, and he is now retired, from fear of being arrested; he was here this morning. Court. If any person offers violence attending here, the Court will instantly take notice of them; the man is perfectly safe here if you can find him, and every man is in a Court of Justice. Mr. Peatt. The woman that she told it to is kept out of the way also. Court. (To the child). Q. How many days after he had used you ill was he taken up? - A. The Wednesday after. WILLIAM THACKER sworn. Examined by Mr. Peatt. Q. Did the child say any thing to you? - A. I heard what she said before the Magistrate, that is all I know. Q. Do you know where Robert Thacker , the father, is now? - A. He was here this morning. Court. Why is he gone away? - A. I cannot say. Prisoner. (To Gale). Whether you are positive sure that I had the foul disease? - A. You recollect I came to you at the Brown Bear , and asked you if you had been in the habit of being with bad women, and you said, yes; my Lord, I took his penis in my hand, and pressed it, upon which there was a considerable discharge. Prisoner. There was some little discharge. - MAPHAM sworn. On the 27th of last January, I had some business called me to the other end of the town, by St. Martin's work-house; some people were crying out stop him, stop him; I saw the prisoner running, and a number of people after him; he said, for God's sake don't stop me; I took him to Bow-street, and he was committed for trial. Prisoner's defence. The very morning she swears to, I was upon guard; I got up as soon as day-break, and called my comrade out of bed to tie my hair; I got up between seven and eight; I got my accoutrements; I stopped at the Horse-Guards till nine, and then I went to fall into the ranks in full uniform to guard. For the Prisoner. THOMAS DIXON sworn. I am a soldier in the first regiment of Foot Guards, the prisoner belongs to the same regiment; I tied his hair between seven and eight in the morning; I was quartered in the same house with him. Court. (To the child). Was it day-light when you saw him? - A. Yes. Court. (To Dixon). It was between seven and eight when you tied his hair? - A. Yes; I tied his hair, and he went out to go upon guard, and then I went to bed; I was not upon guard that day. Q. You don't know whether he went out of the house or not? - A. I don't know, only that he went out of the room in order to go upon his duty. Prisoner. Q. Did you hear the girl cry out that morning. - A. I did not. Court. Q. What room did you tie his hair in, up stairs or down stairs? - A. Up two pair of stairs. Court. Q. You went to bed again; did you go to sleep? - A. I cannot say whether I did or not. Court. Q. There is a garret over the two pair of stairs? - A. Yes. Cross-examined by Mr. Peatt. Q. You sleep in the same room as the prisoner-A. Yes. Q. In the same bed? - A. Yes. Q. What o'clock did you tie his hair up? - A. Between seven and eight, to the best of my knowledge. Q. Do you know the other soldier that is here as a witness? - A. I have seen him as a soldier, that is all I know of him. JOHN BUSBY sworn. I am a soldier in the first regiment of Foot Guards; I was quartered at the Red-lion, in St. Martin's-court. On Monday, the 25th of January, I was drinking at the Horse Guards with the prisoner a few minutes before nine in the morning, and he appeared to me to be perfectly sober; he came from towards St. Martin's-lane, I met him at Charing-cross, and went down with him to the Horse Guards. Cross-examined by Mr. Peatt. Q. How far is Bedfordbury from Charing-cross? - A. I don't know. Court. The Gentlemen of the Jury know very well how far it is; it cannot be five minutes walk. JAMES MARSDEN sworn. I am a soldier in the first regiment; I was drinking with the prisoner on Monday, the 25th of January, between eight and nine, we had two pots of beer, and two slices of bread and cheese; the clock struck nine as we came out. I suppose we could not have been in more than half an hour. Court. What leads you to remember that? - A. I was going down for a bed to Westminster; we were both for guard that morning. Q. Who drank with you? - A. Busby and the prisoner. Q. You had two pots of beer? - A. I think it was two; I don't think we had any more. Q. Where did you meet the prisoner? - A. Coming up to the armory-room in the Tilt-yard; Busby was with him. Q. When did you hear of the prisoner being taken up? - A. On the Wednesday I went up to Bow-street, to know what was the matter, as I had known him a great while, and knew him to be a man of a very good character. Q. Did you here the story there? - A. No. Q. Do you know what time the child swears he was with her? - A. No; I never heard. BENJAMIN CROFT sworn. I am serjeant of the first regiment; I have known the prisoner ever since he has been in the regiment, two years and nine months, he has behaved himself extremely well ever-since; he was upon the Continent one part of the time, and behaved himself extremely well. Q. Do you know any thing in particular of him on Monday the 25th? - A. He mounted guard upon the parade, at St. James's Park, at half past nine that morning. Officer. My Lord, the father of the child is come now. ROBERT THACKER sworn. Q. Where have you been this morning? - A. I have been in Court, but was informed, being a little embarrassed in my affairs, that an officer was ready to arrest me as soon as I had given evidence here. Mr. Justice Rooke. You are perfectly safe in coming here; and you shall be protected in going home. Thacker. I am the father of the child; she was eleven year old last New-year's-day; the prisoner has been quartered upon me three or four months, I cannot justly say to the time, as I have not the billet about me; with respect to his behaviour while with me, I had not much reason to find saul, I thought him a quiet kind of man; and I employed him to do little matters for me, and gave him victuals, at different times. Q. Do you know any thing of what passed between him and your daughter on Monday the 25th of January? - A. I was out of town; and when I returned, on Wednesday evening, I was told my child wanted to see me; she told me she was hurt, by the prisoner, upon the bed; that she was ordered by her mother-in-law to go to bed that night with the maid, she used to sleep alone; that she fell asleep after the maid got up, and this man came up stairs, and came to bed to her; that she cried out, and nobody heard her. Q. When was this? - A. On Wednesday in the evening; I went that evening to Bow-street. Q. She had not been to Bow-street before that? - A. No. Q. You had another soldier in the house? - A. Yes. Q. What is his name? - A. Dixon. Q. Have you any reason to think any other man has used your child in this way? - A. Not at all. Q. Where is the maid servant? - A. I cannot find her; I have been endeavouring to find her this two or three days, but could not find her; she has been gone away this month, I believe; she went away immediately after this affair. Q. Did you turn her away, or did she go away? - A. She was turned away by my wife. Prisoner. I wish your Lordship to ask Dixon what the girl was turned away for? Witness. For being in liquor, my Lord. (Dixon called in again.) Court. Q. Why was that maid servant turned away from Thacker's house? - A. I don't know. Q.(To Robert Thacker.) Your child complains she is harshly treated by her mother-in-law, I hope you will take care of her; it is known in Bow-street, and it is known here; and it will be very necessary for her safety that she should treat the child better in future. - A. I have applied to an Attorney to draw up articles of separation between us, upon this very subject. GUILTY . Death . (Aged 26.) Tried by the second Middlesex Jury, before Mr. Justice ROOKE. 192. WILLIAM LEE was indicted (with SARAH CHANDLER , not yet in custody) for breaking and entering the dwelling-house of John Dingwall and Gerard Baillieu , about the hour of nine in the night of the 3d of December , and burglariously stealing a brilliant diamond star pin, value 92l. a pair of round brilliant diamond bracelets, strung with pearl, value 1015. 14s. a pair of brilliant diamond ear-rings, value 173l. anothe brilliant diamond star pin, value 159l. an octagon ring, studded with diamonds, value 8l. an octagon ring, set with rose diamonds, value 3l. a pearl buckle ring, value 18s. a pearl ring, value 28s. another pearl ring, value 36s. a watch, with a gold case, value 8l. two gold watch chains, value 4l. a pair of gold ear-rings, value 48s. two gold seals, value 25s. a brilliant diamond necklace, value 200l. two pair of brilliant diamond ear-rings, value 250l. three brilliant diamond flowers, value 390l. a diamond fausse montre, value 40l. a brilliant diamond hoopring, value 4l. 13s. an oblong brilliant ring, value 8l. 10s. another oblong brilliant diamond ring, value 9l. a round brilliant ring, with single brilliant in the middle, value 10l. 5s. a round brilliant ring with hair in the middle, value 7l. 4s. a brilliant urn ring, value 4l. 10s. a pair of long brilliant bracelets, value 33l. 15s. a garter ring, value 40s. an octagon ring, with a rose diamond urn, value 3l. two pair of enamelled bracelets, studded with diamonds, value 6l. 10s. a rose diamond and enamelled ring, value 3l. 13s. 6d. a diamond star, value 16l. a pair of pearl bracelet lockets, value 3l. 13s. 6d. a pearl cross, value 3l. 4s. a pearl trinket, value 2l. 12s. 6d. a pearl locket, value 3l. a round pearl ring, with hair in the middle, value 40s. a pearl buckle ring, value 18s. a pearl ring, with a motto, value 28s. a pearl enamelled ring, value 36s. a pearl puzzle ring, value 10s. 6d. an oval ring value 30s. 6d. two gold watch chains, value 8l. 18s. 6d. two enamelled watch chains, value 10l. 5s. three gold watch chains, value 6l. 5s. a gold neck chain, value 34s. a gold cornelian chain, value 50s. three other gold chains, value 4l. 15s. a gold gorget, value 30s. a gold anchor, value 28s. a gold locket, with hair in the middle, value 20s. another gold locket, with a blue composition, value 30s. three pair of gold ear-rings, value 5l. 6s. six pair of gold earrings, value 9l. another pair of gold ear-rings, value 20s. three gold seals, value 3l. two pair of gold bracelets, value 22s. three brilliant diamond urn rings, value 39l. a brilliant and ruby ring, value 16l. 16s. a brilliant and ruby diamond shirt pin, value 4l. a pair of diamond and enamelled bracelets, value 3l. a gold fillagree chain, value 40s. a fillagree chain coloured, value 32s. and an ivory snuff-box, set with diamonds, value 50l. the property of the said John Dingwall, David Pratt Vernon and Gerard Baillieu , in the said dwelling-house . (The case was opened by Mr. Knowlys). (The witnesses were examined apart at the request of the prisoner). GERARD BAILLIEU sworn. Examined by Mr. Knowlys. I am a jeweller , in partnership with John Dingwall, and David Pratt Vernon , No. 9. St. James's-street . Q. Had you any person in your service of the name of Sarah Chandler? - A. Yes. Q. When did she come into your service; how long before this robbery? - A. It might be somewhere about six weeks, as near as I can recollect. Q. When was this robbery effected? - A. The third of December. Q. What time on that day did you leave the house? - A. A little after seven o'clock in the evening. Q. Was it dark at that time? - A. Yes. Q. Who are the partners that live in this house? - A. John Dingwall , and myself. Q. Does Mr. Vernon live in the house? - A. He does not. Q. You and Mr. Dingwall sleep there? - A. Yes. Q. What part of the house were these diamond articles kept in? - A. In a back room on the ground floor, in an iron closet; the ready-made diamond work was always kept there. Q. How lately before you left the house had you seen them? - A. About half an hour before I left the house; when I left the house, they were in the show-glass. Q. Where is the show-glass? - A. In our front shop; it was always customary to lock them in the iron closet at eight in the evening. Q. Was Mr. Dingwall at home when you went out? - A. Yes; Mrs. Baillieu went out before me. Q. Was there any other servant in the house besides Sarah Chandler ? - A. No. Q. At what time did you return? - A. A little after two in the morning. Q. The robbery had been discovered before you returned? - A. Yes; by Mr. Dingwall. Q. Do you know yourself who recommended this Sarah Chandler to your service? - A. It was a person of the name of Gosser that gave me that character; we have not been able to find her since. Q. When you returned, was Sarah Chandler at home? - A. No; nor I have never seen her since. Cross-examined by Mr. Knapp. Q. This house is the property of you and your partners? - A. No; we hire it from Mr. Dingwall. Q. Who pays the rent to Mr. Dingwall? -We three. Q. And it is out of the firm in your partnership business that you pay the rent? - A. Yes. Q. Mr. Vernon contributes his proportion to pay the rent? - A. Yes he does. Q. Mr. Vernon lives in general out of the house? - A. He does. Q.Perhaps sometimes he sleeps in this house? - Not since he has been married. Q. The rent is paid, out of the funds of the partnership? - A. Yes. Q.This woman had lived with you about five weeks? - A. Thereabouts. Q. She has absconded, and never been heard of since? - A. No. Q. You did not know the prisoner before? - A. No. Q. How long has Mr. Pratt Vernon been married? - A. About a year, and he and his wife live in James's-street, Covent-garden. Court. Q. Have you any other partners in the trade besides you three? - A. No other partners. Court. Q. Not sleeping partners who have an interest in the trade? - A. None. Court. Q. When was the robbery committed? - A. In 1795, the 3d of last December. Mr. Knapp. It is stated in the record 1793. Court. That is not at all material, you know. JOHN DINGWALL sworn. Examined by Mr. Knowlys. Q. Have you any partners besides Mr. Baillieu and Mr. Pratt Vernon? - A. None. Q. How late were you in the house the day you sustained this loss? - A. At eight o'clock in the evening, on Thursday the 3d of December; at a quarter past eight, I left the house, after having locked up these articles in the iron closet. Court. Q. The diamond articles that had been in the show-glass? - A. Yes. Q. Did you leave any other articles in the show-glass? - A. Not in that show-glass. Q. How is this closet secured? - A. With a strong iron door, perfectly secure; the key of which we hang up in an inner room, which we call our jewel room; I hung up that key and double locked the door of that room; I then told the maid-servant, Sarah Chandler, that I was going out. Q. Had you or not given her information as a fact, what time you should return? - A. I did, about nine o'clock. Q. Were there any other servants left in the house? - A. None, besides Sarah Chandler . Q. What was the time you intended to stay out? - A. No longer than an hour. Q. Did you leave any other person in the house besides this Sarah Chandler? - A. No other. Q. How long was it before you returned? - A. An hour. Q. When you returned, what happened? - A. I knocked several times at the door, and could not get admittance, nor could not learn any thing of the servant; finding I could not get in, I went away, and returned again about eleven o'clock; there was nobody in the house; I then got two men to help me to open the door. Q. Have you ever seen that servant from that time to this? - A. Never. Q. When you got in, in what state did you find your property? - A. The rooms I found in the same state I left them, except when I went into the front room, one of the covers of the show glass had been turned, and the front glass broke; I missed some gold ear-rings and other articles which we did not lock up in our iron closet. Q. Were all the articles, or only a part of them, contained in the show-glass? - A. In that tray of the show-glass were all the articles. Q. Was any thing left behind in any of the other show-glasses? - A. Yes. Q. Did you afterwards go to the jewel-room? - A. Yes; I went to the jewel-room, unlocked it, and found the key hanging there. Q. Are there more keys than one to this jewel-room? - A. There are two doors to that room, and both were locked when I went in, and both were locked when I returned. Q. Has your partner, Baillien, any key of those places? - A. He has a key belonging to the other door, but not the door that I entered at: I then took down the key and went to the iron closet, and found the diamond articles all gone out of that tray. Q. Have you seen the list, contained in this indictment, of the articles? - A. I have. Q. I will read them to you; was there a brilliant diamond necklace? - A. Yes. Q. That is laid at the value of 200l, odd? - A. Yes. Court. Q. Is that the value of it? - A. That is our prime cost to us. (Mr. Knowlys here went through those articles in the indictment, which were afterwards produced). Q. Did you see Mr. Baillieu's escrntore when you came back? - A. No. Q.Did you see what had become of that, or what had been done to it any time after that? - A. Not till three or four days after the robbery happened. Cross-examined by Mr. Ally. Q. Your other partners had gone out about seven in the evening? - A. Yes. Q. You staid at home to take care of the house? - A. I staid till eight. Q. You went out upon business? - A. Yes. Q. There was a vast deal of property in your house? - A. Yes. Q.Therefore it is usual for one or other of the partners to endeavour to be always at home? - A. We have frequently gone out and left only a servant, when the things are so properly secured as they were. Q. Is it not your custom to leave one of the partners in the house? - A. Yes. Q. The information you gave to the maid-servant was the only information you gave? - A. Yes. AMBROSE MOORE sworn. Examined by Mr. Knowlys. I am a jeweller and silversmith, in Dame-street, Dublin. Q. Did you see the prisoner at the bar at any time, and when? - A. I saw him either the 16th or 17th of December last, he called at my house with two men, one of the name of Willet, a jeweller, who lives in my neighbourhood, and an auctioneer's clerk, whom I also know. Q. What is his name? - A. I don't know, I never heard his name. Q. What was his business? - A. They introduced this man to me, telling me he had a number of diamonds to dispose of; that I was a fit man to purchase them; the appearance of the man made me suspect he had not come by these diamonds property; I desired him to leave the diamond pin, which he had with him, and I would consult some person better acquainted with the value of it, which, upon consulting with those men, he consented to do. Q. At this time did any conversation pass between you and him? - A. Nothing more than the price that he asked for the pin, which was 150l. Q. When did you see him again? - A. The party went away then, and I went to consult a friend of mine, Mr. Osborne; the prisoner returned in half an hour, to have my valuation; I begged him to walk into the parlour; and I told him, I hoped he would excuse my suspecting that he did not come by these things property; and that if it turned out otherwise, I should apologize to him, or something to that effect; I told him, it was my duty to investigate the business, and that he should explain in what manner he came by the article; at this, he seemed a good deal hurt; and said, if I did not chuse to purchase the pin, to give it back to him; which I refused to do; he then said, his wife had lived servant to the Princess Mary, Elizabeth and Sophia; I am not positive as to the three names; but I am to Mary and Elizabeth; he said, they were given to her for her services, that diamond pin, and others, which, he said, he had; I thought the story an extraordinary one; and, he said, there could be no doubt of it; and that he had a quantity of diamonds coming over from the other side; by which, I understood, he meant England; which he had recovered by an action of trover, since his wife's death; I told him, this story would not satisfy me, and requested him to point out some one in this country to give him a character, otherwise I could not part with it; upon which, he mentioned the name of a Mr. Lee, that keeps a music shop in Dame-street; I went to Mr. Lee, to enquire his character, and he said, after some time recollecting himself, that he had known a man of that name, that had lived a waiter at Deally's club-house. Court. Q. What did the prisoner say his name was? - A. Lee; I mentioned the circumstance of bringing the pin to me. Q. Had you any further conversation? - A. I told him, that the man he had reserved me to, had given me rather an indifferent opinion of him; that it was my duty to send for an Alderman, which I did; and gave him in custody to Alderman Twiddey. Q. Should you know that pin again if you were to see it? - A. Yes; the Alderman desired I should lodge examinations against him, which I did; he lives within a few doors of where I live. Q.Was the prisoner committed in consequence of those examinations? - A. Yes; he was taken to prison, under the custody of Richard Warren. (The pin was produced). This is the pin I received of the prisoner; I am positive of it; I put my mark upon it, and it has it upon it now. Mr. Dingwall. It is a tripple star brilliant pin, estimated in the indictment at 192l. which it cost us. Q.(To Mr. Moore). Where was this lodged? - A. I deposited it with Alderman Twiddey. Q. Is he here? - A. No; Alderman Twiddey sealed up the diamond, in my presence, and lodged it in the national bank. Court. Q. You received it from the Alderman again, and are sure it is the same you received from the prisoner? - A. Yes. Cross-examined by Mr. Knapp. Q. You told my Lord, and the Gentlemen of the Jury, that you are a jeweller in Dublin? - A. Yes; and a silversmith. Q. I believe Dame-street is as public a street as any in Dublin? - A. I have a great many customers. Q. It is an open shop? - A. Yes; sitted up exactly as they are here in London; I am not so much in the diamond way, as the silver line. Q. The prisoner produced the pin to you; he did not come by himself? - A. No. Q. He came with two persons whom you knew? - A. Yes. Q. One was Mr. Willet? - A. Yes; he is a jeweller; his wife keeps a milliner's shop. Q. Is he a man of respectability? - A. No. Q. The other person is, what? - A. An auctioneer's clerk. Q. Your suspicions were awakened, and therefore you desired to have reference to some person that he knew, in your country? - A. Yes. Q.Was that person that he referred you to, the only person he referred you to? - A. Yes. Q. Did he refer you to a person of the name of Swarn? - A. He did not. Q. Who did he refer you to? - A. A Mr. Lee, who keeps a music-shop in Dame-street. Q. You know Mr. Lee very well? - A. Yes, intimately, and could have relied upon any thing he said. Q. You left the prisoner in your house? - A. Yes; under the care of my young man. Q. And when you came back again, you found him there? - A. Yes. Q. Is your young man here? - A. He is not. Q. The person did give you some account that he knew him some time ago, as a waiter at a club-house? - A. Yes; four years ago. Q. And the man gave you a true information that he did know him? - A. Yes; Mr. Lee described the man, and it was certainly the same. Q. So that it was not a false account that he gave of himself? - A. It was not. Court. Q. He told you he had other diamonds? - A. Yes. Q. That was not after the time that your suspicions had been awoke? - A. No, it was before; for my reason was, to endeavour to get the whole of the diamonds. RICHARD WARREN sworn. Examined by Mr. Knowlys. I am the keeper of the Bridewell at Dublin. Q. Was the prisoner at the bar committed to your custody? - A. He was. Q. How long was he in your custody? - A. About a week. Q. Did any thing particular pass between you and the prisoner at the bar, while he was in your custody? - A. There was. Q. How long had he been in your custody before this happened? - A. Four or five days, on or about the 20th or 21st of December, as I was locking up the prisoner's door, the prisoner met me on the stairs, and he told me he was very much frightened about Alderman Twiddey not taking bail about the robbery; I told him I was very sorry for it; do you recollect, says he, you were talking last night of getting the keys of your prison altered; I told him I did very well; then he asked me if I knew how Hamilton Rowan made his escape; I told him I did; don't you know, Mr. Warren, says he, I have a woman's face? you have, sir, says I; he asked me what was my place worth a year? I told him 40l. a year; says he, Mr. Warren, I will make you a present of 6 or 700l. worth of value in diamonds, if you will let me escape; he pulled a prayer-book out of his pocket, and he kissed the book; he swore he would tell no one on the face of the earth how he made his escape; and as I was a newly-appointed jailer, no notice would be taken of me; the next day he called me over to the window. Q. Did you appear to refuse this or yield to it? - A. I seemed to agree to him in every thing; says he, do you recollect, Mr. Warren, what I was talking to you about last night? I do, sir, says I, he called for pen and ink and paper, and wrote down the value of different articles; he made mention of different articles upon a piece of paper, which he gave to his father. Mr. Ally. Did you see him give it to him? - A. Not at that time; he sent for his father. Court. Did you see his father? - A. Yes. Q. Did you see him give it to his father? - A. I did; and at the bottom of the note, with speed; the father and mother brought the property that evening. Court. What did they bring? - A. A diamond star pin, a pair of diamond ear-rings, a watch, with a gold chain, and some pearl rings, and a gold watch broke. Q. Where did you deliver the articles that the father gave you? - A. I gave them to Alderman Twiddey; I put my mark upon them. Q.Should you know them again if you were to see them? - A. I should; (they are produced). Court. Who gave them to you after the father and mother had brought them? - A. The prisoner at the bar, between ten and eleven that night; when the father and mother gave him the property, he told me, I had them for you, says he; he called me into a room, and put them out of his pockets; says he, here is a diamond star pin worth 300 guineas, a pair of brilliant ear-rings worth 200 guineas, two diamond rings worth 20 guineas, a pair of gold earrings, I really forgot what the value he set upon that was, a gold watch broke, he said I could get it very easily repaired, worth ten guineas; I gave some directions to Thompson, his bed-fellow, and Lee hid himself in the kitchen; I sent Thompson in to look for him; he told Thompson he would not go to bed that night. Q. Did you hear him say that to Thompson? - A. I did; he said something to Thompson to aggravate him, and Thompson was going to fight with him; called him a rogue; I told him, Mr. Lee, I will let you go in the morning, never mind Mr. Thompson, says I, you have vexed him; I forced him into his bed-room; and when I was forcing him into his room, Mr. Warren, says he, have you deceived me? no, says I; says he, for God's sake run me through the body; the next morning, about nine o'clock, I went home; says I, Mr. Lee, what sort of a watch was that you gave me last night, that you said I could so easily get repaired? he put his hand in his pocket, and gave me another gold watch, and two guineas more. Q. Was that broke too? - A. No; he owned that himself; he told me it was worth 40 guineas; that he would send me 40 guineas on Saturday, and some plate; I told him I was very sorry for him; that it was my duty to fetch him and the property before the Magistrate. Q. Did you do so? - A. I told him it was my duty not to betray the gentleman that appointed me; and Alderman Twiddey committed him to Newgate, in Dublin Q. What did you do with the watches and seals? - A. I left them with Alderman Twiddey. Q. Did you put any mark upon them? - A. Yes; they were all marked by Mr. Moore, in my presence, and Alderman Twiddey's presence. Q. Should you know them again if you were to see them? - A. Yes. Court. Q. Was the prisoner carried before Alderman Twiddey at that time? - A. He was. (The gold watch produced). Upon my oath this is the watch that I had from the prisoner; my name is wrote upon it, (the broken watch produced). Q. How do you know that is the watch you delivered to Alderman Twiddey? - A. I marked it. Mr. Knowlys. That watch, my Lord, is not in the indictment. Witness. Here is a diamond star pin, which has my mark upon it; a pair of gold ear-rings are marked with my name, in my own hand-writing; a gold chain and seal, with my name upon it, he made me a present of that, and I wore it; a pair of brilliant ear-rings, with my name upon it; four rings, with my name upon a piece of paper attached to them; a gold ring studded with diamonds, there is the private mark of the shop, and my name upon; and I also know it by a dent in it. Q.Had you all this property, now produced, from the prisoner at the bar? - A. Yes. Cross-examined by Mr. Ally. Q. This man was committed by Mr. Twiddey to your house? - A. He was. Q. He was committed there only on suspicion, I believe? - A. Just so. Q. He had been a week in your house? - A. Yes. Q. And then, being afraid he should not get bail, he offered this property to get his liberty. Now, you tell us, that it was after your agreement with him, that he sent to his friends for these things, after you had promised he should go, when a sufficient recompence was made to you? - A. Yes. Q.These things were brought by other persons to him? - A. Yes, by his father and mother. Q. I understand he gave you a watch one night? - A. Yes. Q. The next morning, you asked him what kind of a watch it was? - A. Yes. Q. Did he make any reply to it? - A. No; he did not. Q. It was entirely in the expectation of getting his liberty that he gave you these things? - A. He thought I would let him go. Q. Was this watch-chain, and seal, that you wore, brought by his father and mother? - A. It was. Q.And the watch that he took out of his pocket? - A. No; that he constantly wore. ELIZABETH FITZPATRICK sworn. Examined by Mr. Knowlys. Q. Do you know the prisoner? - A. Only by having seen him in the streets. Q. How long have you known him? - A. I had seen him in the neighbourhood of St. James's, about two or three years; he lived, as I understood, in Angel-court; I live in Bury-street. Q. Did you know a woman of the name of Sarah Chandler ? - A. I have seen her. Q.Was the prisoner acquainted with her? - A. I don't know. Q. Upon your oath, don't you know? - A. No further than seeing her and him in company, as I should see any other man or woman; they passed as man and wife; I cannot say that they were married. Q. Had they any children? - A. This man came to my house, in the character of a labouring man, some time last summer, but the exact time I cannot say; he asked me if I knew any woman that gave suck? I told him I knew a Mrs. Brown, in St. James's-street, without a husband, that I thought would be very glad to get a shilling; and he begged of me to go to Angel-court, to Mrs. White's, where the child was, and I went with him. Q. Whose child was it? - A. I cannot tell the father of it; by his taking care of it, I supposed it was his. Q. But did you understand, from your conversation with him, that it was his child? - A. Yes; he and I brought it down from this Mrs. White's, she had the care of the child at that time; I gave the child to this Mrs. Brown, I carried it to her; and that is all that I can tell about it. Q. Who did he say was the mother? - A. This woman that went by the name of his wife. Q. Did you see the woman after she was at Mr. Dingwall's? - A. I never saw her in Mr. Ding wall's house; I heard her name was Sarah Chandler; I don't know. Court. Q. Did the woman go by the name of Sarah Chandler? - A. I never heard her name till I heard it since this passed. Q.Where did you see her afterwards? - A. At Mr. Dingwall's door once, but I did not know who lived there. Q. When did you see her at Mr. Dingwall's? - A. I cannot say when it was; I was going to the palace. Q. Tell us what time of the year was it? - A. I cannot say. Q. Winter or summer? - A. The latter end of the fine weather; she was washing Mr. Dingwall's door upon her knees, wiping and washing the door; but I never had any acquaintance with the woman in my life. Q.As if she was a servant of the house? - A. Yes. Court. Q. You did not know that she was called Sarah Chandler till lately? - A. No. Q. Did you know the prisoner's name? - A. I always heard him called Lee. Q. Did you ever hear him speak of her as his wife? - A. I never heard that he was married to her; but she used to go in the street by the name. Q. But he told you that was his child, and this woman the mother of it? - A. I suppose, by their having the child between them, that it must be so; he never told me any particular thing about it. Q. Did they appear to be persons living together as man and wife? - A. I believe all the neighbours thought so as well as me; I cannot say whether they were or not. Cross-examined by Mr. Knapp. Q. You supposed this man had a child by this woman? - A. I don't know, because I know neither of them. MARY HANNATS sworn. I know the prisoner; I have know him three years. Q. Do you know a person of the name of Sarah Chandler ? - A. Yes. Q. How long have you known her? - A. Not above six months. Q. Do you know where she lived servant? - A. Yes; with Mr. Dingwall. Q. Did you know her before that? - A. Yes; she lived with the prisoner. Q. In what way did they live together? - A. As man and wife. The day before the robbery was committed, Sarah Chandler came to the house of William Lee , and left a message, and she then went back to her place again. Q. Did you tell the prisoner what Mrs. Chandler had said? - A. No; his brother did. Q. Did his brother tell it in your hearing? - A. No; the same evening, he and Gregory Lee went out together. Q. What evening? - A. The evening the robbery was committed; William Lee returned, about nine o'clock, with the jewels in his pocket. Q. Did you see them? - A. Yes; and his brother, and Sarah Chandler , came into the room directly after; the brother brought a large bundle of linen cloaths, they were packed in a large trunk. Q. What was put in the trunk? - A. The cloaths directed and sent to Dublin; but by what waggon I don't know. Q. What became of the jewels? - A. Lee had them in his possession; then William Lee, and Sarah Chandler , went away together, she was dressed in man's cloaths, and went for Dublin; Gregory Lee, this man's brother, and his wife, went the same evening for Bristol, with the coach; and I had the care of William Lee 's child. Q.Were you his servant? - A. No, I was not; I was going to Dublin with them; I had the care of the child. Q. Did you, after William Lee and Sarah Chandler set off for Dublin, see them again? - A. No, I did not. Q.(To Mr. Bailieu). Are those two brilliant diamonds, (shewing them to the witness), your property? - A. Yes; both of them. Q.What is the value of them? - A. 295l. (Looks at the pearl bracelets.) These are mine; they were lost upon this occasion; these that have a paper on them, were delivered by the prisoner to the jailer. Q. This watch, which was taken to pieces, is not in the indictment, but was taken at the same time? - A. Yes; it is my own making; it is a particular kind of a watch; no other watchmaker could make it. Q. Where was this watch at the time you left the house? - A. Put in the escrutore drawer. Q.How did you find the drawers? - A. There was a key in the drawers that belonged to the other room. Q. Were the diamond rings in the house? - A. Yes. Q. Look at that watch? - A. It was in the iron closet. On the gold ring, studded with diamonds, there is my own mark; it is a parchment label, with a mark to denote the price. Court. Q. Is that worth 8l.? - A. Yes. Q.(To Mr. Dingwall.) When you returned home, was there any violence on the house? - A. A show-glass was broke; the door was fast. Q. There did not appear to have been any violence? - A. No. Prisoner's defence. Between nine and ten o'clock, I was up at Warwick-court, Holborn, a message was sent for me to come down; there was John Garrett and Joseph Delaware and his sister, had a red morocco case with these diamonds in it; John Garret told me he had found the things, and asked me if I would make a purchase of them; I said I was not a judge, but if they would trust me with them, I would enquire in two hours, and purchase them; they left them with me; I asked a man the value of them; I told him all the rest afterwards; the man lives in Petticoat-lane; I sent for him, he would not come; those things that are valued at 230l. he and his son valued at 30l. I offered them for sale very openly, which I would not have done, if I had known they had been stolen. Mr. Moore knows I did; he said he wished to have some more conversation with me before he bought them; a person came in and said he had known me 12 years, and knew nothing but honour and honesty of me; there are men in Court know I was four months at Lord Malden's; I appeal to your Lordship to make an enquiry into my character. Before I would be out of employ, I would go into the lowest capacity in life. I was stopped, on the 17th of December, by Mr. Moore, he took pains to enquire my character; I recommended him to Mr. Swaine; he came in to Mr. Moore's parlour, and declared he knew me; Mr. Moore went to Mr. Lee, and, when he came back, he said I had been only a waiter, and could not come honestly by the things. I was sent to Mr. Warren's, on the 17th of December, in the afternoon, and was there till that day eight days; when I had been there five days, I sent to employ Counsellor Manley; he said it was a bailable offence; he came again in the morning, and produced three newspapers, which he said were just arrived from England, and that the things had been stolen, and it was a dangerous thing; Mr. Warren said, if I would give him the things he would liberate me; I sent for a pocket handkerchief with the things, and gave them to him. This woman is perjured; she says my brother came in; he is a chairman to a lady, No. 66, Dorset-street, Dublin. I don't know a woman of the name of Chandler. GUILTY . Death . (Aged 27.) Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE. 193. WILLIAM MILLAN was indicted, for that he, on the 14th of February , in the King's highway, upon Joseph Harrison , did make an assault, putting him in corporeal fear and danger of his life, and stealing from his person a half guinea, a half crown, and sixpence in monies, numbered, his property . JOSEPH HARRISON sworn. I am a collar-maker , I work for Mr. Mayo, On last Sunday, the 14th of this month, about eight o'clock at night, I was going to my lodgings, the bottom of the Old Change; I turned out of Cheapside, down Bread-street ; as I was going down Bread-street, there were three men standing; I walked down twenty about or thirty yards, and the second man came up to me; I was going to say what do you want with me, but before I could speak, I received a violent blow on the temple, which brought me to the ground; I then perceived three men round me, they rifled my pockets, turned my right-hand pocket inside out, and took from me half a guinea, a half crown, and a sixpence, and immediately made off; I took my hat in my hand, and pursued them, and called watch, watch; I never lost sight of them till I came to the corner of Watling-street; there they made a stop; I was come near them; then they took contrary ways; two took to the right, the prisoner took to the left, and I followed him; in the course of one hundred or one hundred and fifty yards, I came very near him; I still called watch, the prisoner turned short round on his heel, and said here is the watch, if you want the watch; I took him by the collar, and said I want you as much as the watch; I said you have robbed me, and held him by the collar till a gentleman came to my assistance; in about half a minute after, the patrole or watchman came up and we delivered him to him, and he took him to the watch-house. Cross-examined by Mr. Ally. Q. This was about eight at night? - A. Within five minutes up or down. Q. It was a dark night, very misty? - A. It was misty. This violent blow must have stunned you a little? - A. It did, undoubtedly. Q. Where were you coming from at that time? - A. Finsbury-square. Q. Had you been in company? - A. Yes, with one person at a gentleman's house. Q. You had been drinking? - A. I cannot say, it might be a pint; it don't signify cross-questioning me, I have said the truth, and can say no more. Mr. Ally. It is my duty to cross-question you a little. Q. You cannot recollect what you drank? - A. No; I cannot. Q. Had you any view of the person previous to the time you were knocked down? - A. I passed them; I did not know who they were, they jostled me, and then knocked me down. Q. Will you undertake to swear, when the prisoner turned down, and you were one hundred and fifty yards from him, and being stunned with the fall, that you can swear to the face of the man? - A. I never said I was one hundred and fifty yards from him. Q.Then you had run one hundred and fifty yards before you came near him? - A. I was about eight yards from them, and ran one hundred and fifty yards, then I came near them. Q. When you went to the watch-house, was the prisoner searched? - A. I believe he was searched; I saw him searched. Q. Was there any thing found upon him? - A. I believe nothing but a knife. Q. He had never been out of your sight? - A. No. Were you examined before the Lord Mayor? - A. Before Alderman Newnham, I believe. Q. Did you give the same account there as you have here? - A. The very same. Q. Did not you fix upon another man? - A. No; I said, I believed a person who was there, was one of the party, but I was not certain; I believe so now. Q. Why did not the Alderman commit him? - A. He did, for another hearing. Q. When had you seen your money before this time. - A. About half an hour before I was knocked down; a few minutes before I left the house. Q. You fixed upon another person before the Alderman, and he had so much doubt, that he dismissed him; did you never hear any thing of a reward? - A. Never; I never was in a Court before. Court. About eight o'clock you were going by these men, and they followed you, and before you could say a word, you were knocked down? - A. Yes. Court. Did you see the person that struck you? - A. I did not. Court. You said your pockets were rifled of a half guinea, a half crown, and a sixpence; had you recovered so far as to take any observations of the persons? - A. As I lay on my left side, there was a lamp on the right side, and I had a perfect view of the prisoner's face. Court. Q. How soon did you get up? - A. I got up immediately; I picked up my hat in my left hand, and ran with it in my hand. Court. Q. You never lost sight of the men till they stopped? - A. I never lost sight of any of them, till they ran different ways; I never lost sight of the prisoner till I put my hand upon him. Jury. Q. What business are you? - A. A collar-maker; I work with Thomas Mayo, No. 231, Upper Thames-street. Court. Q. How long have you worked with him? - A. Ever since I have been in town; three years last October. JAMES WHEELER sworn. I am clerk to Mr. Winkworth, a flour factor, in Queen Hithe: I was going down Bread-street, from Cheapside, last Sunday evening, about eight o'clock; just by the corner of Watling-street several people were running towards us, and one crying watch; I heard several people at a little distance before me, they turned round the corner, and ran down Watling-street. Q. How many? - A. Two. Q. How many did you see at first? - A. There seemed to be three or four; I ran down after them; the man that cried watch ran down the middle of the street, still crying watch; the person he seemed to have in his eye, the prisoner, ran down the left side, on the pavement; he came to the corner of Bow-lane, he made to cross the way, and the man that cried watch laid hold of him by the collar; I I was up close to him; that is the man he caught by the collar; he charged him with knocking him down and picking his pocket of half-a-crown, half-a-guinea, and sixpence. Q. Is Harrison the man that was pursuing the other? - A. Yes; the prisoner was the man that he had in his eye. Q. How many were there together when you first saw them? - A. I cannot say; there were more than two when they met us; I don't know which way they took. Mr. Ally. Q. You were not there at the commencement of the pursuit, not till watch was cried? - A. No. ARNOLD GOODWIN sworn. I am a clerk to the East-India Company: On Sunday evening last, going down Bread-street, from Cheapside, I heard the cry of watch repeatedly; I saw the prisoner, with two others, running, and as they advanced within a few yards of me, they halted, and became from a run to a walk, a sharp walk, scarcely to be called a walk; I heard the prisoner say to the other two, "don't run, or they will be after us," which caused me to suspect the prisoner and the others had been doing what they ought not to have done; but, on the man not calling stop thieves, I did not intercept them, or stop them; and they passed me and turned round the corner to Watling-street; the prosecutor. Joshua Harrison, by the time they got to the corner, was within three or four yards at the farthest; when the prisoner turned the corner, I took no further notice; but by missing my friend, James Wheeler, who was running, with the prosecutor, after the prisoner, I ran about thirty or forty yards; I came up with them just at the time they had taken the prisoner; and, by Joshua Harrison repeatedly crying "watch, watch," a watchman followed; the prisoner stopped, and said, here is the watchman if you want the watch; Harrison said, I likewise want you, as well as the watch, "for," says he,"you have robbed me;" and he denied it; and said, he was not the person; he knew nothing of it; they gave charge for charge, and they went to the watch-house; when I came up to the prosecutor, and saw him in a dirty condition, I knew him, and went with them to the watch-house; I have done business for his master two years, and knew him perfectly well; I went to the watch-house, and can repeat what passed. Q. Was the prisoner by at the time? - A. Yes; he was in charge, in the watch-house at the time. Court. Q. What was it? - A. The constable questioned the prisoner, respecting the charge against him; what he was by prosession; and where he lived; he said, he was a horse-dealer, and that he was just come from Snow-hill; and that he lived in Barbican; the constable asked, what business he had in Bread-street, to go from Snow-hill to Barbican; he said, he had business there; he was searched; he had no money; he said, he had none; his having no money about him, caused a suspicion; and he asked him, if he had any friends to bail him from going to prison; he said, he had friends, but would not trouble them that night. Cross-examined by Mr. Ally. Q. You said, you had a suspicion, because he had no money in his pocket? - A. The people had a suspicion of a man of his appearance having no money. Q. When you saw these men they were turning into Watling-street? - A. The prisoner did; I cannot say which way the others turned. Q. After they turned the corner, the prosecutor was four or five yards from the corner? - A. He did not turn the corner immediately, but crossed the way; had he turned short round the corner, the prosecutor would have lost sight of him. Prisoner's defence. I had been to my sister's, in Red Lion-street; I was going into the Borough to Mr. Hurst, about a horse; in Watling-street I heard a man cry out "watch, watch;" he was very much in liquor; I turned round, and said, here is the watch, and he laid hold of me, and said, I had robbed him. Q.(To Goodwin). Was the prosecutor in liquor? - A. He was a little in liquor, rather merry; he could run as well as if he was not in liquor; he gave a clear account at the watch-house; he said, they thought me drunk, but I was not so drunk as they thought for. Court. (To Harrison). Q. Did you swear to any other man before the Magistrate? - A. No; being examined before the Magistrate, there was a person there, they had some discourse together; the Magistrate said, do you know that man; I said, I did not know him, I believed he was one that was in the company; the Alderman bid them shut the door, that none might escape; and he slipped out of the hall; the Alderman asked me, if I could swear to him; I said, I could not; I believed he was one of the men. For the Prisoner. JOHN WILSON sworn. I am a hair-dresser, No. 134, Saffron-hill; I have known the prisoner four or five years; he always behaved quiet and civil in my house. Q. What is the prisoner? - A. I always thought he was a horse-dealer; he frequently came by my house, on a Friday, with horses. ROBERT NOKES sworn. I am a taylor; I have known him a year and a half. Q. Is he a horse-dealer? - A. As far as I know; he was always just and honest to me. THOMAS DAVIS sworn. I live at Covent Garden; I am a fruiterer; I live with Mr. Bailey, a relation of mine; he keeps a shop there, and has several houses in the county of Middlesex, both leasehold and freehold. Q. Do you recollect being before Alderman Newnham? - A. Perfectly well; on Monday last, I had some little business in the city, for my master, a person asked me to go, through curiosity, to Guildhall, this man was standing at the door; I had a thought of a warrant being granted against me, for an assault, and thought it best to make my escape, and I went out; this gentleman gave the alarm of stop-thief; I did not stop, but when the alarm of stop-thief was given, I immediately stopped and surrendered myself to this man; the prosecutor, before I came in, said, that is the man, and I will swear to him; the gentleman desired me to step over the bar, and when I came within a yard or two of him, and unbuttoned my coat, he said, he could not swear to me; I said, if you could swear to me at fourteen yards distance, why cannot you swear to me now; the Alderman said, he must commit me till the next morning; I brought several persons to my character the next day, and the Alderman discharged me; I believe he would swear to any man. Court. Q. You are servant to Mr. Bailey, a relation of your's? - A. Yes; a fruiturer in Covent-garden; Mr. John Bailey, for there are two in the market of that name. Q. You happened, by accident, to go to Guildhall? - A. Yes. Q. A thought occurred to you, there might be a warrant against you, for an assault? - A. Yes; I was convinced there was. Q. On what person? - A. A John Smith , a hackney-coachman, in Holborn, the lower part, towards St. Andrew's-church. Q.Towards the watering-house? - A. It was, as far as I know, I cannot pretend to say under what denomination the house goes. Q. A house near to Hatton-garden? - A. Yes. Q. A house that coachmen use? - A. Yes. Q. What day was it? - A. It might be a week, or a fortnight back, I cannot say. Q. You don't every week or fortnight assault men, you know? - A. No; it might be so far as eight or nine days back. Q. From this time, or the time you went before the Magistrate? - A. From this time. Q. When did you go before the Magistrate? - A. Last Monday and Tuesday. Q. And you cannot recollect the day of this assault? - A. I don't recollect. Q. You don't recollect the house? - A. No; I only went in to drink. Q.Frequently, perhaps? - A. No; I never call frequently at any house to drink. Q. How many days were it before you were before Alderman Newnham? - A. About five or six days. Q. Where does John Smith live? - A. I cannot say; the man was an entire stranger to me; I was in the tap-room, drinking a pint of porter, he interfered with my company. Q. You don't know where John Smith lives? - A. No. Q. Do you know what coach he drives? - A. That I don't know, he had a great-coat on, and a whip in his hand. Q. How do you know that his name was Smith? - A. I enquired his name. Q. Who told you his name was Smith? - A. I don't know. Q. Upon your oath, who told you so? - A. Upon my oath, I don't know who told me so. Q.(To Harrison). Look at that man; what do you believe of him? - A. I believe, as I said before the Alderman, he was the man that was with the prisoner; I cannot swear to him. Q.(To Goodwin). Did you observe the other two men? - A. No, I cannot say that I did; I can refute what he said in Guildhall respecting the prosecutor offering to swear to him. Mr. Ally. (To Davis). Q. Do you live in Covent-garden still? - A. No; I am bound to India. JAMES HALL sworn. I was in the office, and when the examination of the prisoner took place, this man was standing near the bar; an order was given for the door to be shut; this man ran out of the place; I ran after him, and brought him back; coming along the yard, I heard the prosecutor say, that is one that robbed me; we took him to the Magistrate, and he committed him. Q. Upon your oath, did Harrison say, that is the man, and I will swear to him? - A. Not in those words; as we were bringing the prisoner back, the prosecutor pointed him out and said, I think I can swear that is one of the men that robbed me. Q. Davis said, that Harrison said, that is the man, and I will swear to him? - A. He pointed to him, and said, that is one of the men. Q.(To Harrison.) Did you make use of those words, that is the man, and I will swear to him? - A. I never said such a word; I said, I believe that is one of the men. Q.(To Goodwin.) Did Harrison say, that is the man, and I will swear to him? - A. No, he did not; he said, I cannot swear to him. Q. Was the prosecutor out of the room at all? - A. I will not swear to that, it might be just as he was bringing back, he might be out a minute. Q. Did Harrison go out of the room? - A. I did not know him then; the man was in the yard that said, that is the man, that is the man, that robbed me. Q.(To Harrison). Did you follow the person into Guildhall-yard? - A. I did not till after the prisoner was out. GUILTY . Death . (Aged 20.) Tried by the London Jury, before Mr. COMMON SERGEANT. ( Thomas Davis was committed to take his trial for perjury). 194. GEORGE, otherwise WILLIAM DAVIES , was indicted for feloniously stealing, on the 21st of Jan . a cotton handkerchief, value 6d. two cloth coats, value 30s. a pair of worsted breeches, value 3s. and a cotton waistcoat, faced with satin, value 6s. the property of John Lockyer . JOHN LOCKYER sworn. I live at No. 59, Castle-street, Oxford-market; On the 21st of January, about half past six o'clock in the evening, I ordered my son to get two coats, a waistcoat, and a pair of breeches, tied up in a handkerchief; I went out that evening, and when I returned, my wife informed me my son was robbed; the property was found upon the prisoner. Cross-examined by Mr. Peatt. Q. You are a taylor ? - A. Yes. Q. You have a partner, I believe? - A. No. Q. Have you seen the prisoner since his commitment? - A. Yes. Q.What passed between you and the prisoner? - A. He begged for mercy. Q. You have seen him since his commitment to Newgate, have not you? - A. Yes, I say so. Q. You told the prisoner you would forgive him? - A. I told him I would shew him as much mercy as the Court would allow, on account of his father, who is an aged man. GEORGE ARNOTT sworn. I was crossing the top of Cheapside, on the 21st of January, about half past seven in the evening; as I was crossing towards Newgate-street, a coach was coming down, I stopped while the coach passed; a little boy was behind the coach, crying out, which drew my eye between the coach and the wheel; he was behind the coach riding; I saw the prisoner at the bar pulling his parcel, and saw the boy crying, and he pulled the poor boy down upon his hands and knees, and then ran away with the bundle under his arm; I cried out stop thief, and ran after him as fast as I could; before he crossed Cheapside , he dropped the bundle; I ran after him, and about four yards further he fell down, then I took him by the collar, and took him to the Compter; as soon as I got hold of him, the little boy came up and picked up the parcel. Cross-examined by Mr. Peatt. Q. What was the first thing that made you observe what you have been stating? - A. The boy crying. Q. They were both behind the coach together? - A. Yes; but the prisoner was down, and he was up. JOHN LOCKYER sworn. I shall be ten years old next June. I was going to Sir Benjamin Hammett's with a bundle of cloths for three of the clerks; This the bundle (producing it). In the middle of Newgate-street, the prisoner got up behind the coach with me, and he asked me where I was going; I told him I was going along Cheapside, that was all the conversation that passed between him and me. Q. What did he do then? - A. He did not do any thing to me; but, at the bottom of Newgate-street, he snatched the bundle from me behind the coach, and he fell down, and the gentleman took him. Q.(To Lockyer). Is that your property? - A. They belonged to Sir Benjamin Hammett 's clerks, I made them. Cross-examined by Mr. Peatt. Q. You make cloaths for Sir Benjamin Hammett? - A. No, I don't but for three of the clerks that are there. Q. Did you take any particular notice; were these cloaths in your hand after they were made? - A. There is a particular mark upon one coat. Q. Did you cut them out yourself? - A. Yes, I did. Prisoner's defence. I am innocent of the crime laid to my charge; I know nothing at all about it; when I was taken, I was upwards of thirty yards from the coach, and, I declare to God, I am as innocent of it as the child unborn, in regard of taking it away; I was lame at that time, was the reason of my riding behind the coach. (The prisoner called three witnesses, who gave him a good character.) Transported for seven years . GUILTY . (Aged 25.) Tried by the London Jury, before Mr. COMMON SERGEANT. 195. WILLIAM WALLIS was indicted for feloniously stealing, on the 29th of January , eleven Seville oranges, value 6d. eleven China oranges, value 6d. and twenty-seven lemons, value 1s. the property of John Smallpiece . JOHN SMALLPIECE sworn. On Friday, the 29th of January, I lost eleven Seville oranges, eleven China oranges, and twenty-seven lemons, out of my cellar; they are worth 2s. On Thursday the 28th, about eleven o'clock in the evening, I went down in the cellar; I had missed a bag of oranges; I searched the cellar, in expectation of finding them; and found a smock frock laid in a corner; I took it up, and found there was a bag with fruit in it; the bag was tied, and the smock frock tied over it; I untied them both, and told the fruit out of the bag; there were forty-nine in the whole; I tied them up again and put them where I found them; the prisoner was a weekly man of mine; my servants were all in bed; the next morning I went into the cellar again, between seven and eight o'clock; I will not be certain of the hour; I found the prisoner there with a lighted candle, coming out of the nut bin, where we shoot our nuts; it was an empty bin; there were no nuts in it; I asked him, if he wanted any thing; he went up stairs, and I went further into the cellar; I then looked in the nut bin, and found the bag and the smock frock, where I found them before; I then came up into the shop, and served some customers; in the mean time, the man went down into the cellar again; he came up again, and went into a little back yard that I had; I took no further notice; he went to breakfast at the usual hour; when he was gone I told my apprentice, and a lad that is here, to look out, and see if he carried them away; and if they saw him, to stop him, and give the alarm to me, or the first person they could; while he was at breakfast, I went into the cellar again, and found the bundle was gone; being cer tain he could not have taken in out of the house, I searched for it, and found it hid behind some hoops in the same nut bin; the smock frock was off from it then; then I looked in many places, at last I found the smock frock in the yard, put under a basket, with nothing in it; in the evening, a little aser six o'clock, I was up at tea, and the lad called me as loud as he could; and I came down stairs and ran after the prisoner; he turned round the corner of Botolph-lane, and went into a public-house called the Coopers' Arms; as he got near the cellar door, I got hold of him, with the bag in his hand; I said, William, you have robbed me; I have suspected you, and now I have caught you; and I sent for a constable, and took him to the Compter; there is no mark upon the bag; but I know it is the same that was in my cellar the night before; I have no doubt of it. Cross-examined by Mr. Vaughan. Q. As to the fruit, of course, a man of your credit will not pretend to swear to oranges and lemons? - A. No. Q. There is no mark upon the bag? - A. No. Q. That is not in the indictment? - A. No. Q. You never missed any fruit you suspected to be taken by the prisoner? - A. You had better not ask me that question. Q. Did you see him on the Thursday or Friday, to which you are now speaking, take any oranges away? - A. No. Q.How long has this man been with you? - A. I believe about five months. Q. Do you know who he lived with before? - A. A grocer, in Bishopsgate-street, the corner of the Four Swans Inn; I don't know his name. Q. Did you ever happen to lose your gold watch at any time? - A. The prisoner, I believe, did bring it up to me. Q. Where was it? - A. I left it in the privy; he gave it to my apprentice, which was certainly a very good act. Q. This watch was of something more value than the oranges? - A. Yes; I should have been very much vexed if I had lost it; it was not a gold watch; but it was certainly of considerable value. JAMES EDMUNDS sworn. One night the prisoner was nailing down a chest of fruit; he went down for a hoop, and came up again; he put out the candle, and then he went to the stair-head and lapped the fruit up in his apron. Q. Was the bag there too? - A. Yes; I saw one end of it hang out of his apron, and then he went out; and I called the other man twice, his name is Charles; and then I called my master; he went after the prisoner, and caught him directly by the Cooper's Arms, in Botolph-lane; I saw my master take him, and I saw the fruit in his hand. Cross-examined by Mr. Vaughan. Q. The Cooper's Arms is a very little way from your house? - A. Yes. Q. Did not the prisoner usually go to that house? - A. Yes. (The prisoner called three witnesses, who gave him a good character.) GUILTY, Of stealing to the value of 11d . (Aged 28.) Fined 1s. and imprisoned six months in the House of Correction . Tried by the London Jury, before Mr. Justice ASHHURST. 196. JOHN CROSS was indicted for feloniously stealing, on the 11th of February , two pair of upper leathers of men's shoes, value 3s. the property of Samuel Jackson . (The case was opened by Mr. Gurney). JOHN COOPER sworn. Examined by Mr. Gurney. Q. I am foreman to Mr. Jackson, a currier ; the prisoner was porter to Mr. Jackson; On the 11th of February, I missed two pair of upper leathers, which I had cut the evening before, and laid in the window behind the counter, to execute an order of thirty-seven; in the morning there were but thirty-five, when he went out to breakfast. - Q. Where were these upper leathers lying? - A. Upon a cross bench behind the counter, one upon the other; he came to work about seven in the morning. Q. His business is to open the shop? - A. Sometimes; but it is the business of the younger porter to open and shut shop. Q. Did the course of his business that morning lead him to the place where these upper leathers laid? - A. He must go there to unscrew the screws. Q. Was the prisoner in the shop that morning? - A. I came a little after seven, and found him there; he went out to breakfast between eight and nine; I had missed them before he went out. Q. In consequence of any directions from your master, did you sollow the prisoner? - A. I did; he was got about two doors, I called John, he returned, and I advanced; I said, you must come back; he said, "why, what is the matter?" I said, John, there is an unfortunate circumstance happened, I have missed two pair of upper leathers, and you must go back; he hesitated, and rather refused to come back; but when I seemed determined, he came back with me; Mr. Jackson was waiting in the shop; we went up into the ware-room, and Mr. Jackson said, you must, or you shall be searched; I laid hold of his coat pocket, and the prisoner, in a very affecting way, said, I have got them; he took one pair out of one pocket, and another pair out of the other, and gave them into my hands; I have had them ever since, (produces them). Q.Are there any marks upon them? - A. There is my name upon them. Q.Where they marked before you took them from him? - A. There is the mark of the currier's man upon it. Q.Was there any further conversation between your master and the prisoner? - A. No more than the unfortunate man went down upon his knees, and begged for mercy, and he would do any thing if he would spare him; he said, "no John, I will hear nothing, say nothing, I have caught you." Cross-examined by Mr. Knowlys. Q. Did any such thing as this pass - the man said, he was in want of shoes, he had taken them and meant to account for them? - A. Not a word. Q.Was any promise made him, if he would tell any thing about it? - A. None at all; Mr. Jackson was very guarded. SILAS RANCE sworn. I am the foreman that sells the leather; I happened to be there when the prisoner was brought back; they shut the door, and Mr. Jackson desired me to bear witness; that he had some suspicion of his robbing him, and he had some property about him; I left my work, and Mr. Jackson desired Cooper to search him; he first denied that he had any property about him, and then, he said, I have some of your property, Sir, and he put his hand to his right hand pocket, and pulled out one pair of upper leathers, and then to his left hand pocket, and pulled out another pair; I went for a constable. Prisoner's defence. My Lord, I did not disown having the property about me; but I did not mean to wrong him of them; I never did wrong any body in my life, to my knowledge; he has entrusted me with a great deal of property; I leave the rest of my defence to my counsel. For the Prisoner. JOHN COOPER called up again. Mr. Knowlys. Q. This man has been in better circumstances, I believe; he was a horse dealer, in a considerable line? - A. Yes; since I have known him he behaved as a willing servant, and always did what he had to do cheerfully, and has sometimes done a job at over hours; he has a wife, a very honest woman. GUILTY . (Aged 37.)(He was recommended to mercy by the Jury.) Fined 1s. and imprisoned one month . Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE. 197. MARGARET MACKENZIE was indicted for feloniously stealing, on the 10th of February , two wooden tubs, value 4s. a linen sheet, value 3s. a cotton counterpane value 2s. and a cotton night gown value 6d. the property of James Hearne . SARAH HEARNE sworn. On the 10th of February I lost two tubs, a pail, a cotton counterpane, a sheet, and a bed gown, out of the yard. I don't know any thing of the prisoner. JAMES COURTNEY sworn. I am servant to Mr. Hill, a pawnbroker; a counterpane was offered to be pledged at my master's shop, by the prisoner at the bar, on Thursday evening the 11th of February; we stopped it, because we had notice. The officer has got it. ROBERT HICKS sworn.(Produces a counterpane, a sheet, and a night gown). About a quarter after nine o'clock, on the 11th of February, Mr. Hill, the pawnbroker, sent for me; when I came into the shop I saw the prosecutor and the prisoner at the bar; there was nothing but the counterpane upon the counter; I asked the prisoner where the rest of the things were; the prisoner said, if I would go with her she would show me where the articles were; I went to her lodgings, and behind the door, upon an old hamper, the sheet was hung to dry, which she gave me, and a night gown. Q. Before she made this discovery, had you made any kind of promise? - A. No; as I was taking her to the watch-house, I asked her what became of the washing-tubs; she told me, she had sold them to Mr. Prior, a broker; I went to Prior's, with the prisoner, and found one of them; he had sold the other; Mr. Prior acknowledged he had bought them of her; I took her to the watch-house, and locked her up. Mrs. Hearne. These are my husband's property. Q. What is the value of them? - A. I said, at the Justice's, half-a-guinea altogether. JOHN PRIOR sworn. On Wednesday was se'nnight, about six o'clock, I bought two washing-tubs, and a pail, of the prisoner; I gave her 4s. for them; I am confident it was the prisoner; I delivered one of them to Robert Hicks ; I had sold one tub and the pail. Prisoner's defence. I had these things to wash for a woman of the name of Jannette Larkin; they were not quite dry; she asked me to go and pawn this counterpane, because she said it was a shop she did not much use, and I was stopped; it was about nine o'clock in the evening. Court. Q. Where is that woman? Prisoner. A. I could not find her; I have not any friends in the place to get any acquaintance for my character. Court. Q. How long have you been in London? - A. About ten months. Court. Q. What way of life have you been in? - A. I have been mostly on board a man of war, along with my husband, during that time. GUILTY . (Aged 32.)(She was recommended, by the Jury, to mercy, on account of her situation, being far advanced in pregnancy). Fined 1s. and imprisoned six months in the House of Correction . Tried by the second Middlesex Jury, before Mr. Justice ASHHURST. 198. GEORGE BUTLER was indicted for feloniously stealing, on the 18th of November , a wooden cask, value 2s. and eighteen gallons of beer, value 8s. the property of Joseph Kirkman , John Bittleston , and James Williamson . Second Count. For feloniously stealing, on the 27th of November , another wooden cask, value 2s. and eighteen other gallons of beer, value 8s . the property of the same persons.(The case was opened by Mr. Gurney). JOSEPH KIRKMAN sworn. I am a brewer of ale and small-beer , in St. Giles's , in partnership with John Bittleston, and James Williamson; I have no other partners; the prisoner has been in my service three quarters of a year, as drayclerk ; it was his duty to order the beer to be loaded in the morning, to see to the delivery of that beer, and, at the same time, to collect such sums of money as he had receipts given him for from the counting-house. Q. Was he authorized to sign any receipts himself? - A. He was forbid to sign any receipts himself; and when he had delivered the beer, and the different sums of money, and returned in the evening, he entered the beer delivered into our journal, and accounted with my son for the receipts; and either returned the money for the receipts, or returned the receipts. Q.Look at that book, and see whose hand-writing that entry is, on the 27th of November? - A. It is George Butler 's account of the beer he took out that morning; and an account of the beer which he delivered to my customers on that day. Q. Is that signed by the prisoner? - A. It is. Q. Is there any entry of the beer delivered to Mr. Corbet on that day? - A. There is not. Q. Is there any entry delivered to Mr. Gouldstone? - A. There is, of three kilderkins. Q. Do you know any thing, in point of fact, of this day in particular; were you in the counting-house that evening? - A. I have not a recollection that I was; we have a store-house clerk that keeps a check account against it when the dray is loaded; he and the check-clerk count it over; and then in the evening, he is to give an account of what he has done with it; he returned at night, and has charged the beer to the different people, as is here mentioned. Q. Have you, in your pocket, any receipt, purporting to have been given to Mr. Corbet for beer? - A. I have, (produces it.) It is the hand-writing of George Butler ; it appears from the book, no beer was delivered to Mr. Corbet; and that there were three casks of beer delivered to Mr. Gouldstone. Court. Q. Does the beer he was supposed to have received that morning, agree with the account he gave in the evening? - A. It does, exactly; he accounts for all the beer he received in the morning. Q. Did he return any beer that day? - A. If I look in the book I can tell; he returned one kilderkin, and seven sirkins, which he deducts from the quantity which he took out in the morning, which leaves the balance exactly right. Cross-examined by Mr. Knowlys. Q. When did this man leave your service? - A. At Christmas last. Q. These books are continually under your inspection? - A. They are, when I think proper to look into them. Q. And always under the inspection of your clerks? - A. It is his business to enter the beer into that book; and then it goes into the hands of the posting-clerk. Q. Did you charge him with this entry at all before he left your service? - A. I did not. Q. Is there any difference now depending between you and this man; any charge of wages on his part? - A. He has sent me a bill for wages, of 12l. 3s. 101/2d. I have a set off for that of 34l. odd. Q. This demand he made before you brought this charge against him? - A. He wrote his bill out and sent it by his wife; I have never spoke to him at all upon the subject. Q. I ask you, upon the oath you have taken, whether he did not make this demand against you, before you made the accusation against him? - A. He certainly did. Q. How long before you took him up? - A. Perhaps a week. Q. Did he send more than once? - A. I never saw any body from him but once; his wife called once, and said she wished I would pay her husband's wages; and I have seen neither him nor her since. Q. Have you not been told, by your servants, that this man has been sending for his wages? - A. No. Q. Have not you reason to know that he has sent more than once? - A. If he has, Mr. Bittlestone will give you an answer. Q. Upon the oath you have taken, as a man of credit, don't you how that he has sent more than once? - A. Upon my oath, I do not. Q. Have you reason to believe, from your servants, that he has sent more than once? - A. I will not charge my recollection. Q.Try your recollection again? - A. I cannot say stronger than I have said. Q.Upon your oath, has it not been told you by your servants, that he has sent repeatedly for his wages? - A. If he has, I have no knowledge of it. Q. It was not more than a week before you took him up, that he sent in this account? - A. I have seen the prisoner several times since he left my service, in his last place, and he never mentioned a word to me about his wages. Q. In whose employ was he when you took him up? - A. In Messrs. Sharpe's employ. Q. The way, in which the account is made out, is, that he and the store-clerk together, make out the quantity of beer received for him to carry out? - A. They do. Q. Whether you have not known frequent mistakes to happen about the quantities sent out, or the quantities received back? - A. Certainly; it is a very possible case to make a mistake. Q. Does it not frequently happen? - A. If it does happen, we don't hear of it. Q. I ask again, does it not frequently happen in your brewhouse? - A. It has happened several times with Butler. Q. This account, checked by your own clerk, tallies, does it not? - A. Yes. Q.Then your own clerk; whom you trust, has vouched, that the quantity brought back, and the quantity delivered, make up the quantity sent out? - A. Yes. Q. If there is any mistake in the account, you will make him answerable for it? - A. If they mistake, we certainly do. Q. Is it not the constant practice, if a man's account is not correct, to make him pay the difference? - A. The only incorrection possible is, the man is to enter a less quantity than that he carries. Q. My question is this, whether if you find any mistakes in the delivery, and less is delivered than set down, is it not the constant practice to charge it against the man, and either make him pay for it in money, or deduct it from the wages due to him? - A. If we conceive it to be really a mistake, and not downright negligence, we don't. Q. If you consider it as negligence and carelessness, you do make it matter of account between you? - A. Certainly so. Q.Then you now consider this man as liable to pay you so much money? - A. No; I don't consider him as liable to pay any thing upon the face of his own account, taking it for granted his account is right. Q. But if you find afterwards the account is not right, do you not constantly charge the man with the difference? - A. I never charged him with the difference of any thing in my life. Q. I ask you, when you find the party's account not right, is it not the constant course of your house to put so much against him, and if the account is not right, do you not charge it against him? - A. I have already said, I never made him pay the difference of an 8s. in my life. Q. Is it not the practice to make other persons pay it? - A. I have considered it as a right, but I never exercised that right; I have not a recollection that I ever did; I am sure I have not in Butler. Q. Have you not, when you have found the account of others wrong, made them pay the difference, where there is an actual difference, whether you impute it to blunder or design, do you not make the party pay the difference? - A. I don't recollect hardly an instance. Q. Give us the few instances that you recollect? - A. Then I say, I don't recollect an instance. Q. How came you to say then, you did not recollect hardly an instance? - A. Surely, if you had not stopped me just when you did, I should certainly have said, I had not a recollection of an instance. Court. It is perfectly clear, and thus far you have got it, that when a man takes out beer and does not account for it, he must be answerable for that beer; but, says he, though the right is in me, I don't recollect an instance where we have exercised that right. Mr. Knowlys Q. You say you have a set off of 35l.? - A. I have. Q. Upon your oath, is not this very beer included in that set off? - A. No, it is not. Q. Every thing but this beer, I suppose? - A. No, certainly not; there are other things besides. Q. Every thing but the beer, included in your indictment? - A. No; 22l. of it is for receipts that we have against him, which he has received and not accounted for. Court. The question is, whether the beer you charge this man with selling, and not accounting for, you have made him debtor for? - A. We charge him with it as our clerk, in the morning. Court. Q. You say there is a balance of an account; do you, in that balance due to you, include the beer which you now accuse him of having stolen as your property? - A. Certainly not; if it is so, it is a perfect mistake, it is in my partner Bittleston's hand-writing, I will run through it, and see. Q.Pray do be so good? - A. I see my partner has put the name of Corbet down. You see how incautious you are, you swore just now, it was not included in the set off. Court. Q. What is that book? - A. It is a book of mistakes and blunders that have come against this man, and which has been wrote down here as memorandums, as they have occurred at the counting-house. Court. Q. Whether you have in the balance of the account made, as a charge against him, this beer, as delivered to Mr. Corbet? - A. It is. Q. Does that set off include this beer which you say never was sold to Corbet, and you make him debtor for that beer? - A. He is made debtor in this book for the beer. Q.Which book is written by your partner? - A. Yes. Q. What do you make him debtor for? - A. Twenty-two pounds seven shillings and six-pence, receipts coming against him, and the amount of this book is 11l. 19s. Mr. Gurney. You have charged him as your debtor with 11l. 19s. including the beer delivered to Corbet. Court. Mr. Gurney, Mr. Kirkman has now put a compleat end to the cause, because he first of all states the practice of the trade, which is a very proper one; there is an account taken in the morning of all the beer that he receives; in the evening. he is to account to whom he has sold the beer, and he is likewise to return the receipts when he does not bring the money; and it has been asked upon cross-examination, whether in case of accidents or mistakes, he does not account for it; he does not charge him with it, he says, he is liable, but he does not recollect an instance of it; but it appears, that, for this very beer he himself has done that which has made a debt of it, for, says he, we have charged this account with the identical beer he has sold to Corbet, and therefore we have made him our debtor, and therefore the law says, you shall not afterwards charge him with felony, you having made him your debtor. NOT GUILTY . Tried by the second Middlesex Jury, before Mr. COMMON SERGEANT. There was another indictment against the prisoner, but being under the same circumstances he was. ACQUITTED. 199. THOMAS DAVIS , otherwise EVANS . was indicted for feloniously stealing on the 13th of February , twenty pounds weight of copper, value 6s. the property of Westgarth Smith , John Dolbin , and John Rigge , the same being fixed to a certain building, he having no title, or claim of title thereto . Second Count. Charging him with feloniously ripping, cutting, and removing, with intent to steal, the said copper.(The case was opened by Mr. Knowlys.) JOHN SCOTT sworn. I am a carpenter: On Saturday night last, between seven and eight, I was coming past the house of Mr. Parke, and heard the rattling of copper. Q. Was the door of the house open? - A. No, locked; upon hearing of this rattling of copper, which I had often heard going past the house, I called one of my men, and sent him for Mr. Dalton; he and another came, and five or six more; Mr. Dalton went in first at the casement window, which had been broke open. Q. Broke open by you? - A. No; we found it broke open; when we got into the house, I saw the prisoner trying up copper. Q. Could you discover where that copper came from? - A. Yes; from the top of the next house to that he was in. Q. Whose house did that turn out to be? - A. It belongs to the assignees of Mr. Park; built by Mr. Young, and assigned over to Mr. Park; it has been sold since. We took the prisoner away. Q. Did you see the copper sitted to the top of the house? - A. No; John Dalton saw it fitted. Court. Q. Were they both empty houses? - A. Yes; it had been robbed a great many times of copper and sashes; I had been watching for some time back, though I was not at that moment. Prisoner. Q. Did you see me do any thing with the copper? - A. I was not the first that went into the house, but I saw it tied up in an apron; I don't know that it was his apron. Q. Was there any body else in the house before you went in? - A. I cannot say; we could not find any body else. JOHN DALTON sworn. I was sent for to this house; I went up and found the prisoner in the garret, and the copper was lying by him, tied up in an apron. Q. Did you find any body else in the house? - A. No; the prisoner was taken away with the copper; I afterwards saw it fitted to the adjoining house, it fitted exactly; I searched the prisoner, and found an iron chistel upon him, (producing it). Q. Did it appear to have been fresh cut, or to have been cut a long time? - A. Fresh cut. Q. Whose house was it? - A. It did belong to one Parke; there is no number on the house. Prisoner. The apron did not belong to me. THOMAS FORTUNE sworn. I am clerk to Mr. Walton, the clerk to the commission. Q. Is Mr. Parke become a bankrupt? - A. Yes. Q. Who are the assignees? - A. Westgarth Smith, John Dolbin , and John Rigge ; here is the deed of assignment from the Commissioners to the assignees, (producing it); they are the aslignees of Thomas Parke , of London-Wall. WILLIAM ROSE sworn. I am an officer of Hatton-Garden; I was sent for to take the prisoner into custody to Mr. Scott's house; I found a vast number of duplicates upon him of a carpenter's tools, and this pair of snuffers, and a glass salt, with some salt in it, this knife (producing it), was found in the room where the prisoner was taken; I saw the copper fitted to the place. Q. Did the prisoner say any thing when he was taken? - A. No; we knew him very well. Prisoner's defence. I am innocent of it, the apron never belonged to me, and they never saw the apron in my custody. Court. What business had you there? Prisoner. I cannot say that I had any business in the house. GUILTY . (Aged 52.) Fined 1s. and imprisoned six months in the House of Correction . Tried by the second Middlesex Jury, before Mr. COMMON SERJEANT. 200. HENRY MARSH , otherwise NASH , and ELIZABETH HUNTER , were indicted, the first for stealing in the dwelling-house of Susannah Weale , on the 30th of January , a red morocco pocket-book, value 1l. 1s. two leather bags, value 4d. and two thousand and eight hundred pieces of gold coin, called Louis d'ors, value 2730l. three hundred and fifty pieces of other gold coin, called double Louis d'ors, value 682l. 10s. a black shagreen case, value 10s. 6d. a diamond cross, value 73l. 10s. a pair of diamond ear-rings, hung with drops, value 157l. 10s. eighteen diamond rings, value 175l. a rose diamond ring, value 42l. a hempen bag, value 2d. a piece of foreign gold coin, value 5l. 5s. a diamond ring, value 84l. a diamond cross, value 73l. 10s. twenty-one carrats of diamonds, value 105l. eighteen carrats of rose diamonds, value 73l. 10s. four oval diamonds, value 31l. 10s. four carrats of yellow diamonds, value 8l. 8s. a ruby, value 40s. a gold snuff-box, value 12l. 12s. a cross set with diamonds, value 73l. 10s. a gold pen, with a pencil belonging thereto, value 42s. a diamond ring, value 84l. a pair of silver mounted spectacles and case, value 3l. a wooden box, containing two razors and one strap, value 5s. two miniature pictures, value 5l. 5s. twenty fancy rings, value 105l. the property of Colin de Lolme ; a bank note, value 100l. another bank note, value 40l. the property of the said Colin, the respective sums being due thereon and unsatisfied ; and Elizabeth Hunter , for feloniously receiving a red morocco pocketbook, and a wooden box, part and parcel of the before-mentioned goods, knowing them to have been stolen . (The prosecutor and witnesses were called, but not appearing, their recognizances were ordered to be estreated). BOTH NOT GUILTY . 201. LEWIS GOULDING was indicted for breaking and entering the dwelling-house of George Gavillier and George Dettmer , about the hour of twelve in the night, of the 12th of February , and burglariously stealing two hundred pounds weight of sugar, value 10l. the property of the said George Gavillier and George Dettmer, in their dwelling-house . GEORGE GAVILLIER sworn. I live in Virginia-street, Ratcliffe Highway, in the parish of St. George's . Q. Who lives in the house with you? - A. My partner lives upon the premisses; the part that was broke open is a sugar-house; my servants live in a dwelling adjoining to the sugar-house; it is all one building; there is a door out of one into the other, the same as out of this court down into the parlour; the men are obliged to come into the open air, the stair-case being on the outside; there is a door on the lower part to go out of the sugar-house into the dwelling-house; there is a door out of the house into the compting-house; and a door out of the compting-house into the sugar-house; I left it safe on the Friday night, but I can't speak so well to the hour as one of the men can, for he came last out of the sugar-house. JOHN SIMEY sworn. I am servant to Messrs. Gavallier and Dettmer, sugar-bakers ; I left the sugar-house about four in the afternoon, on Friday, the 12th of this month, and, at three o'clock in the morning, I found the window open, and a pane of glass broke with a stone, and there was a mark of feet on some white clay in the window; I missed about sixteen loaves of sugar; they were there ever night; I had marked them, and they were all found afterwards. FREDERICK STOLPEY sworn. On Saturday morning, between eight and nine o'clock, the prisoner came to my shop, and told me, he had some sugar loaves to fell; I live the corner of Nightingale-lane; he asked me, if I could not sell them for him; I asked him, how he came by the loaves; if he had them from on board the ship; he said, no; I asked him, where they lay; he said, they laid in an empty house of his own; I told him, I could not say any thing, without he would call again; then I went out, after my master was up, to a public-house, and had a pennyworth of two penny, and I was told, this gentleman was robbed; I went to Mr. Mayne, and told him of it; Mr. Mayne told me, I should say nothing till he came in the evening; he came in the evening, and Mayne and this gentleman were sitting in my master's parlour; I asked him, if he would go and get a sample; and then he went with me; he had a stick, and shoved the window up and took them out of an empty house; he stopped up, and reached one out with his hand; then I carried a loaf to my master's shop; he went with me, and this gentleman swore it was his property; afterwards Mr. Mayne said, take him back, and make him believe you will fetch the rest; Mr. Mayne followed me, and another gentleman, and took the man by the empty house where the property lay; my master is a grocer, the corner of Nightingale-lane, his name is Norris; I knew the prisoner before, we were fellow-servants together twelve years ago. LEWIS DENIER sworn. I papered the loaf, that is all I know of it. PETER MAYNE sworn. I am an officer: On Saturday morning last Stolpey called at my house, about ten o'clock, and informed me, that a sugar house in Virginia-street, was broke open and robbed; he had appointed to meet a man in the evening, who had offered sugar for sale; in consequence of which, I went to his master's house in Nightingale lane, in the evening, and apprehended him at a house the top of Mill-yard, a little above where the new theatre is; I secured the prisoner; I found two bags of sugar; there were three loaves in each bag; and under the windows three loaves more, which made fifteen; and one I sent the man for first, as a sample, made sixteen. Demier. This is the loaf I marked before the Magistrate. Mr. Gavillier. Here is a mark of an S; a thing we had not done before; it was marked to know that we had taken a sample of this loaf; the man took it as a sample; here is another mark inside, on the sugar; the other man can swear to that. Denier. I papered this loaf, and put a mark on the outside; with carrying about, it is almost rubbed out. Stoipey. I marked this on the inside; it is 26. Gavillier. It is my property and George Dettmer 's. Prisoner's defence. On Saturday morning, I got up at six o'clock, and went up Ratcliffe Highway; I met two comrades; they asked me where I was going; they said they had just come down Mill-yard, and the window shutters were open; that there was some sugar there; they shut the shutters close; they said there were about 15; they said they had a good mind to go and fetch it away; I said, better not, somebody may come for them; they asked me if I knew where they could sell them; I said, I knew a man who is a porter, the corner of Nightingale-lane; then they said they would go in the evening; I went to this man, and told him; he asked me how I came by them; I said, I found them; he asked me what sort it was; I said I did not know; there were about 15 or 16; he said, his master was out, and desired me to call again; I went to work, and came again in the evening, and he said his master would not buy them without seeing a sample, and I went and brought a sample; his master was agreeable, and said we must go and fetch them; he said, you must go with me, and help me up with them; I said I would, but I would not carry any. Q.(To Stolpey.) Was any body with him when he came first? - A. No. GUILTY, Of stealing to the value of 39s. but not of breaking and entering the dwelling-house . (Aged 39.) Transported for seven years . Tried by the second Middlesex Jury, before Mr. COMMON SERGEANT. 202. WILLIAM PHAER was indicted for forging and counterfeiting on the 22d of December , a certain order for the payment of money to John Emery , for his service as steward on board the transport ship John and Mary, from January, 1794, to December, 1795, dated London, 14th December, 1795; Mr. William Phaer, please to ask, demand, sue for, demand, recover, and receive, all monies due to me, John Emery , with intent to defraud Thomas Chatteris . (The case was opened by Mr. Const). Mr. Justice Lawrence. This is an authority for him to receive, but not an order from the Captain of the ship to pay the money; it is to be sure, a gross fraud, but it is not the crime charged in the indictment. NOT GUILTY . 203. ALEXANDER PATTEN and SAMUEL JAMES were indicted for breaking and entering the dwelling-house of Thomas Jones , about the hour of eight in the night of the 25th of January , and burglariously stealing 3 pieces of printed calico, containing 15 yards, value 40s. the property of the said Thomas Jones . EDWARD EVANS sworn. I am shopman to Mr. Jones, a linen-draper , in Oxford-street ; I know nothing of the robbery. THOMAS GRIFFITHS sworn. I was informed that these two boys were in custody at the Police Office, in Lambeth-street, Whitechapel; I went and asked the jailor to let me speak to them, and Patten informed me that they had taken these prints from a shop in Oxford-road, about seven o'clock in the evening of the 25th of January; James was then locked up in another apartment; the goods were in the possession of Beare, the officer; I went with him to No. 108, Oxford-road, where there was a pane of glass broke out of the window, down very low, almost at the ground; it was the lower part of the glass that was broke; they could not take the prints from there, and they pulled out the other part of the glass, and got the goods; then we went into Mr. Jones's shop; I went in with the prisoner, and saw two of the shopmen there, and asked if they had lost any thing; they said they did not know that they had; I told them we had two lads in custody; I told them what Patten had informed me; they said they would come the next morning and look at the prints, they did not know whether they had lost any or not; I then took the lad to the house of correction, and left him there. JOSEPH BEARE sworn. Between the hours of nine and ten, on the 25th of January, I stopped James, the short lad, with the prints; the tall one ran away; I pursued him, and took him, concealed in a privy; I carried them before a Magistrate; and that is all I know. Evans. There is our mark upon two of them; they are Mr. Jones's property; the other has no mark. Q. When had you seen them in Mr. Jones's possession? - A. I cannot exactly say the day. Patten's defence. When the gentleman came in, he said, if I would tell him how I got them, he would let me go, and that I should have plenty of drink: I have nothing more to say. James's defence. The gentleman said, if I would tell him where I got them, he would let me go about my business. Q.(To Griffiths). Did you tell him, if he would tell you where he he got them, you would let him go, or give him drink? - A. No, neither.(The prisoner James called four witnesses, who all gave him a good character). Both GUILTY, Of stealing to the value of 39s . Patten. (Aged 17.) James. (Aged 18.) Transported for seven years . Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE. 203. MATTHEW ROSS was indicted, for that he, on the King's highway, in and upon Elizabeth Little , widow , did make an assault on the 17th of February , putting her in fear, and taking from her person a fox skin muff, value 18s. the property of the said Elizabeth . ELIZABETH LITTLE sworn. My Lord and Gentlemen. On Wednesday night last, I went out about a little business; I was out later than I should have been; it might be after twelve o'clock; I could not get a coach to go home; I took a walk round James-street, Covent-Garden; I went into a public-house; the prisoner was there; he asked if I was Irish; I told him I was, and he offered his service to see me home; the landlord of the house said, it was fitter for him to go to bed; he followed me out of the house; I did not see him for a good way; he came up to me in Greek-street , there he got his left hand round my waist; I had my muff on my right arm; it was a fox-skin muff that I had borrowed; as I was walking along, there was not a creature near, I heard a foot behind; I turned round, and missed my muff. Q. Did you hear the foot behind you before the prisoner had his arm round your waist? - A. Exactly at that time; I charged him with taking my muff, and charged him with the watch. Q. Did you see the muff in his hand? - A. No; I don't know what became of it; there was neither man, woman, nor child there, but the prisoner; I charged the prisoner with the watch, and he charged me, and we both went to the watch-house. Q. Did you bid the watchman look for the muff? - A. No; I did not believe it was of any service; I had not the recollection of mind, or I would have done it with pleasure, but I was quite frightened; it was very dark. Q. You did not see him take it? - A. No; I did not. Q. How long did the prisoner continue with you after you had lost the muff, and before you called the watch? - A. Five minutes, we walked on together. Q. Did you charge him with taking it before you got to the watchman? - A. No; I did not, I was so frightened. Q. Are you a widow? - A. A Captain of a ship's widow.(The prisoner was not put upon his defence.) NOT GUILTY . Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE. 204. WILLIAM MOBBS and WILLIAM BATEMAN were indicted, the first for feloniously stealing, on the 20th of December , six hundred pounds weight of saltpetre, value 481. the property of our Sovereign Lord the King. Second Count. Laying them to be the property of Edmund Hill , Esq . (The case was opened by Mr. Const). WILLIAM GODAN sworn. I am the manager of Mr. Edmund Hill's powder-mills; we have lost large quantities of saltpetre from the 14th of April to the 19th of December; when I made up my accounts, I always found short weight; in November ten hundred weight went of it; and, in December, thirteen hundred weight. Q. Is it prepared in any particular way? - A. Yes, calcined, as it is in no other place but his Majesty's magazine; nobody in the whole kingdom, but those who make gunpowder for government, have it calcined in that way; it was all marked as this is (producing a cake with the weight marked on it); the prisoner Mobbs was servant to Mr. Hale, a gardener at Twickenham, (two or three years back, or more than that; I don't know any thing of the other prisoner. Q. That is not one of the pieces that was stolen; have you seen any that was stolen? - A. I have, but it was melted down; I don't know it; there is some of it here. JAMES MEDWIN (an accomplice,)sworn. Examined by Mr. Fielding. Q. You come here prepared to speak the whole truth, I hope? - A. Yes; I know both the prisoners. The prisoner Mobbs worked with me in digging gravel on the Hanwarth-Road, the gravel-pit is within a quarter of a mile of the powder-mills, to the best of my knowledge. I was at work with him about fifteen weeks ago, and he asked me if I would assist him with the property belonging to Mr. Hill, which was saltpetre; I agreed to his terms; and he said, he would satisfy me for my trouble; we went from our work that night, or the night after, between five and six o'clock, to Mr. Hill's mill, he got in at a hole where there were some boards taken away, at the back side of the coal-house; he took out, to the best of my knowledge, about a hundred weight; I took it of him, and put it on one side till he thought it convenient to come out again; we put it into a basket, and a bag, and put it on our shoulders; we were there near an hour; we took it to his house, and he put it into a shed adjoining his garden; I applied to Mr. Birch, of Twickenham, for a horse and cart for Mobbs, he let me have it; and the next morning, between five and six o'clock, we took the same saltpetre to London in the cart; it was in cakes, but some were broke; we carried it according to the description of Mobbs, to his brother-in-law, William Bateman, the prisoner . Q. Where does he live? - A. It is not in my power to tell you; it was carried to a shed in the alley where he lives; Bateman went with Mobbs and the saltpetre; I stopped at Bateman's house till they returned, they returned together. Bateman desired of Mobbs to come up stairs and he would settle with him. Q. Were those the words? - A. They were, I am sure; they went up stairs, I did not go up with them; we returned home with the cart. Q. Did you receive any part of the saltpetre, or any thing else, for what you did? - A. I received a guinea from Mobbs when I helped him bring it from the Mills. Q. You took about a hundred weight? - A. Yes. Q. How much did you carry to town? - A. About six or seven hundred pounds. Q. What is Bateman? - A. By Mobbs's account, he is a cutler. Cross-examined by Mr. Knowlys. Q. For a guinea you would break into any house? - A. No; he desined me to assist him, and said he would pay me for it. Q. You gave the Magistrate an account of all the bad tricks you have been guilty of? - A. I gave him an account of it. Q. Did you ever live with Mr. Howard, a baker? - A. Yes. Q. What did he turn you away for? - A. He did not turn me away; it was by the agreement of my friends. Q.Whether your friends did not agree that Mr. Howard should not prosecute you? - A. I don't know; there were false witnesses brought against me; it is a hard thing for an innocent man. Q. You have been a thief in this instance? - A. We are all guilty of faults. Q. You knew very well you were to be prosecuted if you did not give evidence? - A. No, I did not. Q. Were not you taken up? - A. Yes. Q.Then was it not in your power to tell whether you would be prosecuted or not? - A. No. Q. You knew you were guilty? - A. Yes, I knew I was guilty. CHARLES DICKINS sworn. I am a grocer and cheesemonger, I know both the prisoners; Bateman did live in Long-alley, Moorfields; he followed the business of a grinder . In the month of December last, I saw a quantity of saltpetre that had been brought out of the country, in a shed belonging to William Gabriel, who keeps a chandler's-shop by Billingsgate. Q. What had Bateman to do with it? - A. I don't know any thing he had to do with it, but put saltpetre in it. In the middle of December, he applied to me to dispose of a quantity of saltpetre for him; I took a sample of six ounces, it was at one Mr. Moore's, in Wentworth-street; Mr. Gabriel informed me it was there; I took it out of the bag it was in. Q. Did not Bateman say where it was? - A. I cannot say that he did; I told him I would try to dispose of it for him. I saw Bateman a day or two after, and told him I had offered it for sale, and was to have an answer in a few days; I told him I had got a sample of saltpetre from Mr. Moore's, and carried it to Mr. Macrae's, in Whitechapel; I received no answer from him till I was apprehended; Bateman was in my shop at the time. Q. Did you know that it was the saltpetre that you were apprehended for? - A. I did not till afterwards; Bateman said, he would bring Gabriel forward, whom, he said, it belonged to, and that he would own it. Q. Has he done so? - A. No. Q. Did you ever go out of town with Bateman? - A. No; about the beginning of November I was to have gone with him, in a chaise cart. Q. Did you know what you were to go for? - A. No. Q. How much faltpetre did Bateman tell you he had to dispose of? - A. Between four and five hundred weight. Q. Was it in cakes, like that, (shewing him one)? - A. That at Mr. Moore's was in pieces. When I was taken into custody, and Gabriel was not brought forward, in the evening, I was permitted to go and endeavour to apprehend Bateman; Mr. Moore and I apprehended him just by his own house; I said, you are the man I was looking for; you must go with me; he said, very well; let me go peaceably; when we had got a few yards, he offered to run away; I ran after him, and caught him again; I kept him at my house till the officer came in the morning about eight o'clock. Cross-examined by Mr. Knapp. Q. You were apprehended and bound over to appear here, to answer to this charge? - A. Yes. Q. You understood from Bateman, that this saltpetre belonged to Gabriel? - A. Yes. Q. You took the sample from Gabriel's direction? - A. I took it by both their directions. Q.Then how dared you to state to the Jury, that it was only from Gabriel's direction? - A. I stated what I knew concerning it, as near the truth as I could; I don't know any thing that I have said wrong. Bateman told me, Gabriel would inform me where I should get it. Q. Bateman said he would bring Gabriel forward? - A. Yes. Q. You were apprehended? - A. Yes. Q.Bateman was not apprehended? - A. No. Q. He was by at the time you were apprehended? - A. Yes; but he went home when I was apprehended. Q. You know by giving evidence you save yourself from being prosecuted? - A. Yes; I look upon it in that light; I wrote a letter to the Magistrate, and stated every thing that I knew about the business. Q. Did not you know that by giving that account, you would be admitted an evidence? - A. I had some expectations of it at the time, but was not satisfied I should. Q. And the letter was wrote to the Magistrate with the hopes of being admitted an evidence? - A. Yes. Court. Q. Do you know where this shed is? - A. In Essex-passage; Bateman lives full half a mile off. Q. Did you ever see Bateman in that shed? - A. Yes; the first time I saw him, Mobbs and he were leaving saltpetre there; he was there every week almost. Q. Had you seen Bateman there in the course of December? - A. Yes; Gabriel dealt in gun-stocks, and sometimes he was there about them. Q.(To Medwin). When the cart came to town did you put the saltpetre in the shed opposite his house? - A. No; Mobbs told me, it was carried about half a mile off from there. Q. Did he tell you it was half a mile? - A. No; by going the second time I thought it was that; he told me, the second time, that he had lodged the saltpetre in that shed the first time. Q. Do you know who that shed belongs to? - A. No; I did not see any body there but Bateman and Mobbs. WILLIAM BIRCH sworn. I live at Twickenham: Medwin came to me to hire my cart for Mobbs; Mobbs used it, and paid me for it; he came for it between five and six in the morning; he is a labouring man. Cross-examined by Mr. Knowlys. Q. This might have been in October? - A. I don't know; it might have been as much as three months, or more, since the first time. Q. Is it more than two months since the last time? - A. I cannot say; it was about a week before Mobbs was taken up, as far as I remember. THOMAS JOHNSON sworn. I am a druggist, in Norton Falgate: I don't know either of the prisoners; I never saw them before I saw them at Bow-street. JOHN FISH sworn. I am agent to Mr. Hill; the prisoner, Mobbs, lived servant with him. Q.Have you seen Mobbs since he has been taken up for this offence? - A. Yes; I shewed him this letter, and he acknowledged it to be his hand-writing; and said, he would disclose what he knew of the matter; and the jailor gave him a sheet of paper to write it out; but when he was before the Justice, he said, circumstances had happened since, that he had altered his mind.(The letter read, purporting to be his confession). JOHN MOORE sworn. I live in Wentworth-street, I am a fallow-chandler and oilman; I know Bateman by sight; in December last, Gabriel came and asked me to lend him a copper for melting saltpetre; Bateman and Gabriel were both there; they were there three or four times while the saltpetre was melting. Q. Did you apprehend Bateman, or assist? - A. I did, along with a man of the name of Dickins; Dickins was himself apprehended at first, and was let go. Q. Did you see the saltpetre before it was put in the copper? - A. No, I did not. Q.There was some saltpetre found at your house? - A. Yes. Cross-examined by Mr. Knowlys. Q. You have no dealing in saltpetre yourself? - A. None at all. Q. How long have you been acquainted with Gabriel? - A. Three or four years; he keeps a chandler's and cheesemonger's shop, in Love-lane; and I serve him with candles. Q. You told me he was a chandler and cheesemonger; did not you think it strange that there should be some hundred weight of saltpetre, at a chandler's shop? - A. He merely came and asked me to lend him the copper; I did not ask him any questions where he got it. Q. Do you know Dickins? - A. Yes; he is a cheesemonger in the same street. Q. Did you ever lend this copper before for melting saltpetre? - A. No. Q. And yet you asked no questions about it? - A. No; I knew the man. Q. The officers found the property in your house? - A. Not all; they took a tub full away; I was out when Dickin was taken. Mr. Fish afterwards came into a house were I was, and asked, if Bateman was there, and if Mr. Moore was there; I said, yes; he said, come along with me, and explain what you know of this; I went with him to Bow-street, and told him how it came to my house. Q. Had Fish communicated a suspicion, that the saltpetre was stolen? - A. I cannot swear whether he did or not. THOMAS JONES sworn. I am an officer: I found this barrel of saltpetre(producing it,) in Mr. Moore's shed; some of it was in the boiler, and some sprinkled about the shed. Q. You did not find any in a state like that?(shewing him the cake). - A. No, I went to Gabriel's shed and found a quantity of powder there.(The prisoners both left their defence to their counsel).(For the prisoners). EPHRAIM HOWARD sworn. I am a baker at Twickenham; Metiwin was once my apprentice; he was in my service two years. Q. From your observation of his character, would you believe him, on his oath? - A. I cannot any way in the world. I have known Mobbs four or five years; I never heard of any misdemeanour of him in my life.(Mobbs called five other witnesses, who gave him a good character.)(Bateman called nine witnesses who gave him a good character.) Mobbs, GUILTY . (Aged 25.) Transported for seven years . Bateman, GUILTY . (Aged 30.) Transported for fourteen years . Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE. 205. GEORGE WOLFE and MARY STONE were indicted, the first for feloniously stealing, on the 11th of September , a cloth waitstcoat, value 18s. the property of William Taylor , a cloth coat, value 30s. and a bank note, value 20l. the property of Richard Ainsworth ; and the other for receiving, on the 16th of September, part of the above goods, knowing them to have been stolen . WILLIAM TAYLOR sworn. I live with Lord Lauderdale , in Leicester-square ; On Thursday the 10th of September, about nine or ten o'clock, I went to the stables, at the back of the house, in Castle-street; I found the stable-door locked, and the passage door open, that has a communication to the stable; I went into the stable; I then went to the house, and came back again to the stable, and missed my waistcoat; I had left it the night before hanging up on one of the books in the stable, that we usually clean the bridles on; I saw the key in the morning lie upon the cell of the window, which I left in the waistcoat pocket; I went up stairs and found the groom's box broke open, his name is Richard Ainsworth ; the footman was with me at the time, we saw in the box, a two brown coats, a blue coat, and a hat, we wrote to the groom, who was in the Isle of Wight with my Lord. Q. Did he leave the box open? - A. Not to my knowledge. Q. Did you ever see the waistcoat afterwards? - A. I saw it at Bow-street. RICHARD AINSWORTH sworn. I am groom to Lord Lauderdale; I went to the Isle of Wight with his Lordship, the 3d of August; I left in my box a blue coat, and two brown coats, a 20l. note and a hat; I left the note in a little book in the box; I am not sure it was a Bank of England note; I had it of Mr. Beaumont, my Lord's Steward; I have never seen either of the brown coats, or the note, since the blue coat was left in. JONATHAN BAKER sworn. I am a pawn-broker; I produce a coat and waistcoat; the woman brought the coat, and the lad brought the waistcoat. Q. What colour is the coat? - A. Blue. Q. When was that? - A. The coat on the 16th of September, and the waistcoat on the 11th; I have known the woman four or five years. THOMAS JONES sworn. I apprehended Mary Stone on the 15th of January, at the Portland-arms, Portland-street; and coming along, she acknowledged she had the 20l. note of the prisoner Wolfe; she said, she changed it; she gave him 6l. odd out of it, and kept the rest herself; she said, Wolfe found it in Oxford-road; I asked her if she had pawned any cloaths for Wolfe, she said, she had pawned a coat in Berwick-street, and another in Oxford-road; she said, the pawned the coat in Berwick-street for a guinea, and gave him 12s. out of it; she said, she had lost the duplicate; I went with her to the shop, and they produced it. Q.(To Taylor). Do you know any thing of this boy? - A. Yes; I knew him through his brother, who is a very honest fellow; I got him a place in a public-house, he behaved so bad he was turned away; the groom was so good as to take and keep him; sometimes he was in the stable with him. Q.(To Taylor). Look at this waistcoat? - A. It is mine. Wolfe. I have nothing to say. Wolfe. GUILTY, Of stealing the waistcoat, value 18d . (Aged 13.) Transported for seven years . Stone, NOT GUILTY . Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE. 206. JOHN HENRY GADE was indicted for feloniously causing and procuring to be falsely made, forged and counterfeited, a transfer of the sum of 50l. to be the interest or share of William Harrison , in the joint stock of Three percent. Consolidated Bank Annuites, with intent to defraud the said William Harrison , and the Governor and Company of the Bank of England . (The case was opened by Mr. Fielding). (A part of the will of John Haward was read, dated 21st of October, 1787). "Also I give and bequeath to my grand son," William Harrison , the sum of 50l. his share in"the joint stock of Three percent. Consolidated"Bank Annuities." The executors are, " John Henry Gade and Hen-"ry Harland." JOHN BEDFORD sworn. I am the parish clerk of Working, in Surrey. Q. Did you know John Howard, who died in 1788? - A. Yes; I was a witness to his will. Q. Do you know his daughter Mary? - A. Yes; she married one Harrison; I know nothing of young Harrison. Q. Where did Harrison live? - A. At Wey-bridge. HANNAH HARRISON sworn. Q. Were you the daughter of John Howard of Woking? - A. Yes. Q. Is that young man your son, (pointing to him)? - A. Yes. Q. You married a Mr. Harrison, a shoemaker? - A. Yes. Q. What is his name? - A. James. - UNWIN sworn. Q. You are a stock-broker? - A. No, I am not; I transfer stock. Mr. Jackson. Q. Is there not an order of the Bank of England, that no person shall make transfers, but regular brokers? - A. I know of no such order; On the 11th of January, I was applied to, by the prisoner at the bar, and Henry Harland , joint-executors of John Howard. Mr. Knowlys. Q. Had you transacted any business with Gade and Harland, on the business of this will before? - A. Yes; I made the transfers of the several legatees, as they came due; they applied to me, on the 11th of January, to transfer 50l. stock in the Three per cent. Consols, in the name of Harrison. Q. Is this the ticket for the transfer, (shewing it him)? - A. Yes; that I delivered to the clerk of the Bank on that day. The clerk read from the Bank book: "11th of January, 1796."Us, John Henry Gade and Henry Harland,"executors to John Howard, late of Woking,"Surrey, gentleman, deceased, this 11th day of"January, in the year of our Lord 1796, do assign"and transfer 50l. all his late interest or share in"the joint stock of Three percent. Annuities, di-"rected by an act of parliament of the 25th year"of the reign of King George II. entitled 'an"act for converting the several annuities therein"mentioned into several joint stocks of annuities"transferrable at the Bank of England, and to be"charged on the sinking fund,' and by several sub-"sequent acts of Parliament, together with the"proportionate annuity of three per cent per an-"num attending the same, unto William Harri -"son, of York-street, Southwark, his executors,"administrators or assigns. "Witness my hand, " John Henry Gade, H. Harland," "Executors to John Howard , deceased." "Witness, J. Sinee." "I do voluntarily accept the above stock trans-"ferred to me." Without any signature. "Witness to the identity of J. H. Gade and"H. Harland, executors to John Howard ." "J. Unwin." Q. How was Harrison described by them? - A. Gade, the prisoner, told me to put it down by his description, York-street, gentleman; he said he was a mariner. Q. How came he to be described of York-street, Southwalk? - A. He desired me to put it down so, not having any regular place of habitation. Q. Where did he describe Harrison to be at this time? - A. He said, he was at sea, and would return home in a short time: On the 14th of January, he came again, and said, the young man was come home; he wanted the money for the stock; and asked me if I would prepare a transfer for him; I told him, I would; he had a young man with him, whom, he told me, was the supposed William Harrison. Q. Look at that young man in soldier's cloaths,(the real William Harrison ); was that the young man he had with him? - A. No. Q. That is the ticket you made out upon that occasion, to deliver to the bank clerk? - A. It is. Q.Was there any transfer made in pursuance of this ticket? - A. There was.(The clerk read from the Bank book): "I William Harrison, of York-street, gentle-"man, this 14th day of January, 1796, do assign"and transfer 50l. all my interest or share in the"joint stock of Three per cent. Annuities, directed"by an act of parliament," &c."together with"the proportionable annuity of three per cent. per"annum attending the same, unto William West ,"Stock Exchange, G. T. his executors, admi-"nistrators and assigns. Witness, William Har -"risson." With two f's. "Witness to the iden-"tity of W. Harrisson, John Henry Gade ; known"to J. Unwin. 19926." Note under" 45067. Witness J. Stone. Q. Who was that John Henry Gade signed by? - A. The prisoner at the bar. I cannot be positive who was the Bank clerk that attended the transfer, but I think it was Mr. Bicknell; at the time of the transfer, there was an observation made upon the name of the person who signed it, that there were two f s put instead of one name, upon which, the prisoner was informed, that as there was a mistake in the transfer of the name, there must be an affidavit made, to prove him to be one and the same person; I informed him, that he must go with me to the clerk who usually makes out affidavits, but he was not there; I desired him to wait till I came to him again; and when I returned, they had absconded. Q. Who had absconded? - A. The prisoner, and the young man be brought with him to represent Harrison. Court. Q. Who was it that signed the name of William Harrisson in this way to this transfer? - A. I cannot say who it was; it was a young man that he represented to be William Harrison . Q. Was there any money paid, for this transfer, by West, to whom it was made? - A. West paid it to me, and I had it for a week, supposing they would come back for the money, but they did not. Q. Every thing upon the transfer, so far as the transfer was concerned, was complete? - A. Yes. Q. After this, did you ever see the young man or the prisoner again? - A. On the 25th of January, I met the prisoner, and apprehended him; I never saw the young man again. Mr. Jackson. It is my duty to submit to your Lordship, under the correction of your Lordship, the objection I now take, at the moment that transfer is about to be offered to your Lordship, as purporting to be a proof of an interest in Harrison. My Lord, I take it, that not only all indictments, should bring the words within the express Act of Parliament, but that the evidence should also bring the facts within the express words of the indictment. The indictment here charges this man with forging, or causing to be forged, a certain transfer. Now, my Lord, I humbly submit to your Lordship, that that which is charged to be forged and counterfeited, and that under which Harrison is said to derive his interest, is not a transfer; and that under that, Harrison had no legal interest. My Lord, to complete and constitute a transfer, it must be signed by the party transferring, and accepted by the transferee, and it has been admitted by the candour of the learned Gentleman who opened this case, that the latter constituent part is entirely wanting; that Harrison did not accept this transfer, which the executors on their part undertook to convey to him. And, my Lord, without these formalities, I submit to your Lordship, that it is that sort of thing which could convey no currency, and consequently no imposition upon society; that it is nothing more than a dead letter; that under which, no dividend could be received, and upon which no action could be maintained; but, my Lord, I do not stop here, for the Act of Parliament will be admitted to apply to every fund constituted by Government, and which is inserted in the very act, creating those funds, and the second section of that act runs thus: "And be it further enacted by the authority aforesaid, that it shall and may be lawful for the Governor and Company of the Bank of England,"&c. (reading the clause of the act). My Lord, I therefore submit, that that which is stated to have been a legal interest in Harrison, could not be a legal interest, inasmuch as it wanted that sort of formality, constituting an interest in law. The learned Gentleman, in his opening, has endeavoured to establish a distinction between a transfer on the part of legatees, and to an ordinary purchaser; from whatever source the learned Gentleman may have drawn that distinction I know not; sure I am, that the highest authority he can produce is a loose and lax, and perhaps reprehensible practice; but your Lordship will adhere to that sort of practice only, which by the act is expressed in terms as strong as language can be. My Lord, I will suppose for a moment, the converse of the proposition, and that, instead of this being a signature, without an acceptance, it had been an acceptance without a signature; is it possible to suppose, that such an instrument could be in law, capable of that sort of forgery, now charged upon the prisoner. My Lord, it can no more be said, that such a thing is a transfer, than that the preparation of a deed of assignment can be called an assignment, wanting the names of the parties. My Lord, I will refer your Lordship to two cases in my humble judgment, extremely in point; the first is the case of the King and Mossatt, tried at the Old-Bailey Sessions, in January 1787; it is in Mr. Leach's book 337." John Mossatt was indicted on the statute 2 George II . chap. 25, and 7 George II . chap. 22, before Mr. Sergeant Adair, Recorder, for forging a bill of exchange for three guineas;" an objection was taken that it was not stamped agreeable to the statutes of 23 George III . chap. 49, and 24 George III . statute I. chap. I, which enact, in order to restrain them under a limited sum, that the place of abode shall be described, and other particulars; and the section concludes with saying, that all notes and bills of exchange negociated under this act, shall hereby be declared to be void. My Lord, in that case, the question referred to the Judges, was, whether if the bill of exchange set forth in the indictment be void by the above statutes, the forging of it can become the subject of a capital offence, within the meaning of those statutes. In February sessions, 1787, Mr. Justice Gould signified that the Judges had taken this case into their consideration, but that they thought it a subject which required further deliberation. In the May Sessions following, Mr. Justice Ashhurst delivered their unanimous opinion, that as the forgery was committed before the expiration of the statutes 15 George III . chap. 51, and 17 George III. chap. 30; the bill of exchange, if real, would not have been valid or negociable, and that therefore the forging of it was not a capital offence. I submit with great deference to your Lordship, that this is a still stronger case than that which I am this day called upon to defend, in-as much as the bill of exchange was that sort of thing, which, by currency in society, might obtain, but not so in the present case; this could not legally be transferred to a second person; no second person could receive a dividend, or maintain an action under it; but is for want of that grand legal formality enjoined by the statute, a dead letter. My Lord, there is another case within the present experience of your Lordships, that I own appears to me analogous to this, because, if this be a transfer, it is not the thing charged in the indictment as an instrument establishing an interest in Harrison; I mean the case of Lyon, who was indicted for forging a certain receipt, or acquittance, purporting to be a receipt; it was demurred to, that the instrument was neither a receipt nor an acquittance, inasmuch as it was not filled up by the name of the person from whom the money was received. The opinion of the Judges was delivered in May, 1795, when one of your Lordships was pleased to say, "The"instrument must be set out, that the Court might see,"from its tenor, what it purported to be; and that it is"that which the law has protected. These receipts"ought to be filled up with the name of the subscriber;"it is then, and not before, an acknowledgement of the"payment of money, and becomes a receipt. If any"one takes a blank (for it is not a receipt), without a"name; he has no reason to complain of it as a fraud,"because, if he had looked, he must have seen that it"was no more than waste paper." My Lord, I submit, therefore, that this piece of paper, called a transfer, is not a transfer, unless it be attended by those formalities enjoined by the statute; for those formalities, essential as they may be in this case, happen to be entirely absent; and that it is that which, for want of acceptance, conveys no legal interest to Harrison. (Mr. Jackson was followed by Mr. Balmanno, on the same side; and on the part of the Crown, by Mr. Fielding, Mr. Knowlys, and Mr. Giles, to whom Mr. Jackson replied.) Mr. Justice Lawrence. It appears to me, that this comes to the single question, whether the acceptance is a part of a transfer? if it is, the transfer is not complete; the indictment is for forging a transfer. Let us see what a transfer is. - The Act says, that for all transfers of any sums of money, there shall be books kept, and an entry made of them; which entry shall be conceived in proper words for that purpose, and shall be signed by the persons making that assignment. It seems to me, that the transfer is complete on the part of the person who undertakes to assign that stock; however, if upon turning it more in my mind there should occur any reasonable doubt, then, unquestionably, in a case of life and death, I will take care that the opinion of the Judges shall be taken, if any doubt should occur to me that I am not aware of at present. THOMAS BICKNELL sworn. Examined by Mr. Giles. Q. Look at that book, did you fill up that transfer? - A. I did; on the 14th of January, the prisoner came to me with Mr. Unwin, and a young man whom I did not know, to execute a transfer; after it was filled up, the prisoner signed to the identity of the young man who had signed William Harrisson; as the young man was signing his name in the book, I saw him sign two f s, whereas the transfer was filled up with one; I asked him, if that was his regular mode of signing his name; he informed me it was; I told him it differed with our books, and we could not admit it as a legal transfer, unless he went before a Magistrate and made an affidavit; they then went from our office, and I never saw them after. Q. Look at the young man in the soldier's cloaths, is that the young man? - A. I don't think it is. Cross-examined by Mr. Jackson. Q. You are a clerk in the Bank? - A. Yes. Q. Is there not a standing order among the Directors, that no transfer shall be made till it is previously accepted by the party? Court. Q. Are not all the orders of the Bank Directors in writing? - A. I believe they are. Mr. Jackson. Q. Do you not take orders from your superiors? - A. Most assuredly we do. Court. You cannot examine as to that. Prisoner's defence. I did not mean to rob my nephew, William Harrison; I had a little cottage to sell; I was in distress. For the Prisoner. - WALSH sworn. Examined by Mr. Jackson. Q. I believe you are one of the superintendants of the Three per cent. Consols office? - A. I am. Q. If the order be in writing, I have no right to ask you, but are you under such orders from your superiors, that no person shall transfer stock unless it is previously accepted by the party? - A. Public orders are stuck round the Bank of England, with clauses of the Act of Parliament. Q. Do you know what extract, and from what Act of Parliament it is, that is adjoined to those orders so stuck up? - A. An extract from the clause "That all stock must be accepted before the transfer is made." In the Three per Cent office we don't stand for acceptance before the payment of the dividend; but we don't suffer it to be transferred till there is an acceptance, unless it is by mistake or inaccuracy. Q. When dividends are about to be made, warrants are of course made out? - A. Yes. Q. Is there any distinction made in those warrants, applicable to such as have, and such as have not been accepted? - A. In all the rest of the offices there are, but not in mine. Q. Is there any check made in the ledger upon such occasions? - A. Yes; a mark, by which the clerk knows whether it is accepted or not. Court. Q. The rule is, that dividends may be paid without acceptance, but cannot be transferred without acceptance? - A. Yes; there are positive orders from the Directors to that purpose. Court. Q. Suppose a person who has not accepted the stock comes to transfer it, do you make it accepted first, and then transfer it? - A. I don't know that they do. Mr. Fielding. Q. It does sometimes happen that it is done without acceptance, when it is done by stock-jobbers? - A. Yes; it is too often. - SHARP sworn. I have known the prisoner a great many years; I have always considered him as an honest industrious man. Mr. Jackson. We have a very long lift of witnesses to his character. Mr. Fielding. There is no doubt in the world but he had a very good character before this time. GUILTY . Death . (Aged 60.) Judgment respited for the opinion of the Judges . Tried by the London Jury, before Mr. Justice LAWRENCE. 207. JAMES PROFIT was indicted for feloniously stealing, on the 29th of January , thirty-two pieces of copper, called halfpence , the property of Alexander M'Gilray . ALEXANDER M'GILRAY sworn. I have a shop in Fleet Market ; the prisoner acted as porter amongst the butchers in the market; I suspected, from observations that I made upon the lock; that my shop had been entered of a night for some considerable time back; and on the night of the 28th of January, I sat up all night, with my servant, James Brown ; and, at about a quarter past five in the morning, the prisoner at the bar came in by means of a pick-lock key, and went to the till directly; he put his hand in and took out some halfpence; my man went up to him directly and seized him; I sent for a watchman, and gave charge of him immediately; he was searched at the watch-house, and there was found upon him sixteen pence in halfpence that I had marked the preceding afternoon, (produces some of them); they are marked by the point of a compass, in circular scores; I found this key in the door, (producing a key with open wards). Cross-examined by Mr. Knowlys. Q. I believe this man bore a very good character in the market, and you were sorry you were obliged to prosecute him? - A. I did not wish to prosecute him. Q. And you consented to his going for an East-India soldier, but he was not in a situation of body to go? - A. I did consent to that. (The prisoner left his defence to his counsel, and called three witnesses, who gave him a good character. GUILTY . Publickly whipped , and confined in the House of Correction six months . Tried by the second London Jury, before Mr. COMMON SERGEANT. 208. JOHN PRITCHARD was indicted for feloniously stealing, on the 21st of January , a saw, made of iron and steel, with a wooden handle, called a hand-saw, value 7s. the property of Robert Mendez . ROBERT MENDEZ sworn. I am a carpenter ; I work for Mr. James Hoare , in New-street, Bishopsgate Without: On Thursday, the 21st of January last, I was at work in Bishopsgate-street ; between three and four o'clock in the afternoon, I had occasion to go to my master's shop for some stuff; when I came into New-street I saw the prisoner at the bar come out of my master's shop, and put a saw under his coat; I asked him where he was going with it; he made answer, that he wanted to get a few tools together, to get a job of work; he said, he was a carpenter, (produces the saw). This is mine; here is a mark of T.M. upon it; an uncle of mine, Thomas Mendez , gave it me. Prisoner's defence. I had been at work in Essex; I came up to go to the hospital, being very bad; I went to get some work to support three motherless children; I went in there to ask for work, and I saw this saw outside the door; I took it up, and then this man came, and said, I had got his saw; I told him, then I begged his pardon; he let me go fifty yards, and then came running after me again, and said, you old blackguard, you shall go and ask my master's pardon, before you go now. Court. (To Mendez). Q. How far had he got from the shop when you took him? - A. About fifteen yards; as we came to Devonshire-street, he slipped from me, and ran five or six yards. Jury. Are you sure you left the saw in the shop? - A. I cannot swear it, but I believe I left it in the shop; I had used it three or four hours before. GUILTY . (Aged 54.) Imprisoned one week, and passed to his parish . Tried by the second London Jury, before Mr. COMMON SERGEANT. 209. JOHN DEDERICK was indicted for feloniously stealing on the 16th of January , 6lb, weight of indigo, value 2l. 10s. the property of John Horton and Thomas Horton . JOHN HORTON sworn. I am an indigo merchant , in Lawrence Pountney-lane , in partnership with Thomas Horton ; the prisoner was employed in our warehouse ; on the 16th of January in the morning, I was informed he had been stopped with some indigo upon him; I attended at the Mansion-house, and saw the indigo, but it is impossible for me to say that it is our property; and it would have been impossible for us to have missed it out of so large a quantity as we have. PETER MAYNE sworn. I am an officer: On the 16th of January I stopped the prisoner with a quantity of indigo; I asked him where he had got it; he said his master had given it him to take over the water; I then told him I would go with him to his master, to know whether what he told me was truth or nor not; and then he said another man had given it to him whom he did not know, and I thought it my duty to put him in the Compter. NOT GUILTY . Tried by the second London Jury, before Mr. COMMON SERGEANT. 210. JOHN BRAVO was indicted for feloniously stealing, on the 3d of February , a wooden box, value 6d. a japan box, value 1s. three yards of thread lace, value 3s. a silk sash, value 1s. and a pair of steel snuffers, value 2s. the property of Margaret Holbird , widow . ESTHER CAVANNAH sworn. I am a mantua-maker, at London-wall; the things were lost from Mitre-court, Duke's-place ; some gentlemen came for the King's-tax, and were to come again next day, and Jane Hindes looked out these things to sell towards making up the money; I looked over the things when John Bravo was by, put them in a box, and the next morning he told me they were gone; the next news I heard was, that the gentlemen were on the premisses for the King's-tax; upon that I sent the prisoner for a broker, who told me that the prisoner had part of a telescope in his pocket, mounted with silver; I sent down for the officer, who was upon the premisses, who searched him, and the telescope was found upon him. Q. What was there in the box? - A. Some edging, a pair of snuffers, a sash, and some other articles; they have been in the officer's possession ever since. JANE HINDES sworn. On the 3d of February the prisoner came in and said, these things were gone; the officer was in the house for the King's taxes; he searched him, and some of the property was found upon him, and he owned to the other, which the officer has had ever since. THOMAS PINNER sworn. I am a constable; on the third of February, 1796, I was in possession of Mrs. Holbird's house for the King's tax; Esther Cavannah gave me charge of the prisoner; in his pocket I found a broken telescope tipped with silver; she said she would swear to that being in the box when I packed them up; I told the prisoner I should take him to the Compter; he said, for God's sake don't take me, I will tell you where the things are; I made him no promises at all; I asked him where they were, and he said, in Golden-Fleece-Court, in the Minories, in a cellar which he paid a groat a week for the use of to keep his baskets in; he sells fruit about the street; I went with him and found the things covered over with some hay; I brought him back to Mrs. Holbird's, and the box with me; Esther Cavannah informed me they were all right; that is all I know, (produces the things). (To Esther Cavannah). Look at these things; whose property are they? - A. Mrs. Holbird's; she is confinement. Prisoner's defence. While she was in trouble, I moved all the furniture for her as quick as I could, for fear they should be seized; and I went to her in prison, and she desired me to sell these things to pay the taxes; I shewed the constable where I had put them for safety; I am as innocent as the child unborn. Q.(To Cavannah). What is Mrs. Holbird in consinement for? - A. For keeping a disorderly house, I believe. Q. Did the prisoner remove any of the things to avoid the taxes? - A. No. Q.(To Hindes.) Did the prisoner remove any of the things that they should not be seized? - A. Not to my knowledge; the officer seized the things for the taxes, and sold the things for them. (The prisoner called two witnesses, who gave him a good character.) NOT GUILTY . Tried by the second London Jury, before Mr. COMMON SERGEANT. 211. WILLIAM GRIFFITH was indicted, for that he on the King's highway, in and upon Henry Smith did make an assault, on the 8th of February , putting him in fear, and taking from his person a linen handkerchief, value 1s. the property of the said Henry .(The case was opened by Mr. Raine). HENRY SMITH sworn. Last Monday fortnight, about five minutes before eleven o'clock, between Chancery-lane and Temple-bar , I was accosted by a girl; while I was talking to her, about a minute, a man came along the pavement, and ran against us; I called to him, and asked him what he meant; he came back, and abused me, and called me a blackguard; and after abusing me he struck at me over the head; I was going to return the blow, and was hit again from another quarter and knocked down; when I got up I turned round, and the prisoner had got his hand in my pocket, and with my turning round, his hand was so entangled he could not get it out; I immediately seized him by the collar, pushed him against the wall, and a gentleman came up and laid hold of him on the other side; the prisoner was not the man that struck me; I had not seen him in the crowd before; he was seen to drop a handkerchief from behind his coat; it was picked up and given to Mr. Rowe. Q. Did you feel his hand in your pocket? - A. Yes; he had hold of a little pocket-book. Q. How far had the man got beyond you before he came back? - A. I suppose close to Temple-bar; he was running along the pavement. Q. He did not return back till you called him? - A. No; I called after him, and asked him what he meant; I did not see the prisoner with him. Prisoner. He cannot say I had my hand in his pocket. - A. I am sure, I swear to it, and to his person. GEORGE ROWE sworn. I am a stationer in Fleet-street; I was coming home a little before eleven; there was a crowd in the street; I went to see what was the matter, and saw the prisoner's hand in Mr. Smith's pocket; I immediately collared him, and called out "watch;" the watchman came up, and took him; I picked up the handkerchief, which I believe came from Mr. Smith's pocket; I did not see it in his hand; I gave it to the constable at the watchhouse. WILLIAM BURTON sworn. Last Monday fortnight, about eleven o'clock, I was coming down Fleet-street, I saw seven or eight people together; I crossed the way, and saw two men who had hold of the prisoner by the collar; I saw him put his hand behind him, and drop the handkerchief. THOMAS PENNINGTON sworn. I was going along Fleet-street, about eleven o'clock in the evening, I saw Mr. Smith knocked down by another man, not the prisoner; and immediately as Mr. Smith got up, I saw the prisoner follow him, and put his hand into his pocket; I saw the handkerchief drop, but did not observe who dropped it. I don't know who the man was that knocked him down, I did not see him in company with the prisoner. ALEXANDER HALL sworn. I am constable of the parish of St. Dunstan's in the West; the prisoner was brought to the watch-house by Henry Smith , and another gentleman; I found nothing upon him but a half-crown-piece; a handkerchief was delivered to me; I have had it ever since, (produces it.) Smith. This is my handkerchief, it is marked with my initials H.S. Prisoner's defence. I came home between ten and eleven o'clock; there was a great mob in the street, I went to see what was the matter, and pressed against this gentleman, my hand might be upon his pocket; I am as innocent as a child unborn.(The prisoner called four witnesses, who gave him a good character.) GUILTY, Of stealing, but not violently . (Aged 36.) Fined 1s. and confined in the House of Correction six months . Tried by the second London Jury, before Mr. Justice LAWRENCE. 212. ELIZABETH BARNES was indicted for feloniously stealing, on the 19th of January , a man's cloth coat, value 50s. a muslin waistcoat, value 10s. a pair of brown velveret breeches, value 10s. a linen gown, value 10s. a dimity petticoat, value 5s. a muslin apron, value 2s. a muslin handkerchief, value 2s. and a white calico bed-gown, value 1s. the property of Thomas Sheffield , in his dwelling-house . THOMAS SHEFFIELD sworn. I am a lamp-lighter , I live in Silk-street ; my wife and child were bad of a fever, I got the prisoner to take care of them, not being able to take care of themselves; the child died while she was at our house, and my wife got well; I told her the Sunday after the child died, that she must get herself a place, and gave her leave to stay with us till she could get one, and she thanked us for it; my wife went out to see for a bit of ground for the child; I went about my business, and left the prisoner at home about half past four o'clock; I told her we should be at home about seven. After I had done work, I went to my wife; we returned about eight o'clock, found the door locked, and nobody at home; she had left the key next door; when I had got the key, and opened the door, I saw the prisoner's shoes on the floor; I went up stairs, and found a box of mine open, that was left locked; I am sure it was locked, because, as we sweat very much in our business, I went up for a handkerchief, and, the box being locked, I could not get one, I missed the things mentioned in the indictment,(repeating them); we went in search of the things to the pawnbrokers, but could not find them; the constable found my wife's cloaths upon her; my coat was found at Mr. Parker's, the pawnbroker, by the constable. JAMES HALL sworn. On the 20th of January, the prosecutor came to me; and on Saturday the 23d, at six o'clock in the evening, I found her at the Four Swans Ian, Bishopsgate-street; she had on this gown, apron, handkerchief, and petticoat, (producing them); I asked her what she had done with the man's cloaths? she told me she had pledged the coat with Mr. Parker, in Grub-street; and the waistcoat and breeches, with Mr. Crouch, in Fore-street; she told me she had left her own cloaths where she took these from; I immediately went and took Mrs. Sheffield with me to identify the things. Q.(To Sheffield.) Look at those things; are they the articles you left in the box? - A. Yes; they are my property. ANN SHEFFIELD sworn. I am sure these things are my property. Prisoner's defence. The woman desired me to put her cloaths on, and go out and walk the streets, and bring her in some money; and if I did not, she would turn me out of the house directly; she had the money that I pawned these things for. Q.(To Mrs. Sheffield.) Did you desire her to put your cloaths on? - A. No, I did not. Q. She says you had the money that they were pawned for? - A. No; I left them in my box locked up, when I went out. GUILTY, Of stealing to the value of 38s . (Aged 23.) Transported for seven years . Tried by the second London Jury, before Mr. Justice LAWRENCE. 213. JOHN ELLISMERE and DAVID SLOKAM were indicted, the first for feloniously stealing, on the 15th of February , a bullock, value 24l. the property of William Smith . Second Count. Laying it to be the property of James Alexander ; and the other, for feloniously receiving the same, knowing it to have been stolen . (The case was opened by Mr. Knowlys.) WILLIAM SMITH sworn. I am a grazier in Gloucestershire. Last Monday fe'nnight I assisted my man in bringing some beasts into the market in the morning, and, about nine o'clock, I sold Mr. Alexander several beasts, among which was the ox in question, for 24l. 10s; when I sold him, he was with thirty-four others in the drove; he was about eight years old, a fellow to six other beasts that had been all worked together for several years, single in harness, as horses draw. Q. Was he a gamesome ox, likely to stray? - A. Quite the reverse; he was very much cut up by his journey; if he had been taken away, and had been at liberty, he would certainly have returned to his fellows, from his attachment to them, if he had been at a small distance. About half an hour after I had sold him, Mr. Alexander's drover came to fetch him, and the others from the drove, and he was missing. The prisoner, Slokam, is a master drover in Smithfield ; I have known him for years; he employs sometimes twenty men under him to keep the graziers oxen together, and tie them to the rails. On missing the bullock, I turned round, and offered 40l. reward for the person that had taken him upon conviction. Q. Had you seen Slokam that morning? - A. Yes, and was insulted by him as usual; I used to employ him, and turned him off. Q. Do you know the Bear and Ragged Staff? - A. Yes; it is about one hundred and fifty yards from where I was, the other side of Smithfield. Slokam came to me about half an hour after the beast was missing, and said, I must either drop, or come down a Quid before I could, or then I might have him again, or some such expression; I perfectly understood his meaning; it is a cant name for a guinea in Smithfield; I took no notice to him, but I was determined to lose the bullock rather than give a guinea to reward villainy; in the afternoon, he asked me it I had found my bullock; I told him I had not; he said, if I would give him a guinea, he would endeavour to find him, having heard of a bullock at Hackney, and that he would saddle his horse immediately and go after him; I made him no reply, but went to Bow-street; I directed my book-keeper, whose name is Bovill, to go and offer Slokam half a guinea to look for the bullock; I went to the prisoner, Slokam's house, in Bowling alley, Cow-cross, and found him in bed; I offered him half a guinea to find it; he said he would do nothing for half a guinea, but for a guinea he would, I told him I wanted to go out of town early next morning; he said I might depend upon it he should be found, and I might go; I told him to take him to Mr. Henry Smith 's, No. 120, Goswell-street; he said he had no doubt but he should bring him as soon as it was light; I told him, upon delivery to him, he would pay him a guinea; I lodged an information at Bow-street, and the next morning, about seven o'clock, the Bow-street officers took the two prisoners standing with the bullock at Mr. Smith's door, and they were taken to Bow-street and committed. Q. Was that the same bullock that you had missed? - A. Yes; it had both my mark and Mr. Alexander's. Cross-examined by Mr. Knapp. Q. You have known Slokam many years? - A. I suppose five years; he has been a drover all that time. Q. Mr. Alexander bought the bullock, you know; - A. Yes, for 24l. 10s. Q. It was a good bargain for you, you know? - A. The bullock was worth the money, and the money was worth him. Q. If it was Mr. Alexander's bullock that he had paid for, how came you to order him to be sent to Mr. Smith's, in Goswell-street? - A. Because I must have given Mr. Alexander back the money, and Mr. Smith had got a convenient place to put it in till the next market day, when I could sell it again, if Mr. Alexander did not chuse to take it. Q. Is it not usual to deliver the bullocks in Smithfield as soon as they are paid for? - A. No. Q. Why did you suppose Mr. Alexander would not take it? - A. I did not know, but my not delivering it to him the day he bought it, he might be obliged to buy another. Q. You found it at the very place it was ordered to be taken to? - A. Yes. Q. Do you know whether slokam was by when you offered 40l.? - A. I cannot say, but, in my own mind, I don't doubt it, because I made it as public as I could. Q. He said you must come down a Quid, that is a guinea? - A. Yes, before I should have it again, that after I had offered 40l. reward; I come up to Smithfield once a fortnight, generally from Christmas till after Lady-day; I am not very regular. Q. You never heard of a stray bullock? - A. Yes, in that stile. Q. You never heard of a stray bullock being recovered? - A. I have heard of their being recovered in that way, but I would scorn to recover any of mine in that way. Q.Is not the Bear and Ragged Staff a usual place for stray bullocks to be taken to? - A. It is very possible, but it is a house I never went to in my life; I have heard since that it is; it is a place, like many others round Smithfield, when butchers cannot pay for their beasts, they are locked up there. Q. Did you understand any thing more than that he would use his endeavours to find him? - A. I understood that he knew very well where he was. MICHAEL BOVIL sworn. About nine o'clock on Monday evening, Mr. Smith sent for me to the Greyhound, and desired me to go to Slokam, which I did; he was in bed and asleep; I went into his room and waked him; I told him Mr. Smith wanted to go out of town in the morning, and I had a commission to give him half a guinea, if he would tell him where the bullock was; he said he would not go under a guinea, and then I left him. WILLIAM WADE sworn. I live at the Bear and Ragged Staff; I know Slokam very well. Yesterday fe'nnight Ellismere brought a bullock in, and put it in the pen along with more than a score of others, it might be between twelve and two o'clock; he said, if any body came and described the marks, and paid for locking it up, they might have it. Q.Where is this place of your's, is it up a yard or in the street? - A. Right up the yard backwards; it is a noted place for beasts; a long place that would hold fifty, I dare say. Q. Is is open over-head? - A. Yes; there are several doors to it; some that you can see through, and some that you cannot; some with pieces of board cut out for light to look through, or put your hand through. Q.Did you see Slokam there? - A. No; I did not. Q. Who came for it? - A. I was not present when it was delivered. Mr. Knapp. This beast was put in your yard, which is a place where beasts are usually put in? - A. Yes. WILLIAM HILL sworn. I am servant at the Bear and Ragged-staff; I delivered the bullock to both the prisoners, between six and seven o'clock on Tuesday morning. Q. Had you seen it at all before that? - A. No. Cross-examined by Mr. Trebeck. Q. You knew these men very well, and if they had come for half a dozen beasts, you would have delivered them? - A. To Slokam I should, he locks up a great many beasts at our house. CHRISTOPHER JONES sworn. I am an officer belonging to Bow-street: On the 15th, about six in the morning, I went to Goswell-street, and saw the prisoners driving a bullock towards Mr. Smith's; William Anthony laid hold of Slokam, and I laid hold of Ellismere, and we took them to Bow-street. Both NOT GUILTY . Tried by the second London Jury, before Mr. Justice LAWRENCE. 214. ALEXANDER CASEY was indicted for feloniously stealing, on the 11th of February , a wooden cask, value 2s. and one hundred and thirty pounds of iron nails, value 30s. the property of John Sannam , Robert Waghorn , Thomas Knight , John Blake , Henry Ventris , John England , Jonas Deare , Timothy Hewlett , Thomas Hinton , and Joseph Sabine . JOSEPH SABINE sworn. I know nothing of the robbery. THOMAS WILLIAMS sworn. I am a labourer, I work at Botolph Wharf: On the 11th of this month, about two o'clock, the prisoner and four or five more came down; I was unloading the cart, and just as I had done unloading, I saw the prisoner roll away a cask of nails off the quay; I went round and met the prisoner almost at the top of the gateway in Thames-street; I asked him where he was going with it, he said, what was that to me, he was going to St. Katherine's; I told him he had brought it off the quay, I took him into custody, and secured the cask. THOMAS SPINEY sworn. I am a labourer: On Wednesday the 11th of this month, about half past two o'clock, I saw the prisoner going up the gateway with the cask, I went and stopped him; he said, two men below told him to roll it up; the cask was upon Lyon's Wharf; it is my master's property. WILLIAM SHEPHERD sworn. I am a constable in Billingsgate-ward; I was sent for to take charge of the prisoner; that is all I know about it. Q.(To Sabine). What are you? - A. A gangsman ; I have the whole care of Lyon's Wharf , and of all the goods that go on and off, upon all occasions. Q. Who are your partners? - A. Robert Waghorn, &c. (repeating them). Q. What does this cask contain? - A. Ten thousand nails, thirteen pounds to the thousand, they came from Foster-lane, (the cask produced in Court); this is the identical cask, and I have an account of the contents of it from the house it came from, the mark on it is, "I. T. No. 100." Prisoner's defence. I was walking on the quay, and a man came up and asked me, if I wanted a job, and he told me to roll a few of these casks up the gateway, and he would satisfy me for my trouble, and then I was stopped by these men, and could not find the man that employed me.(The prisoner called John Johnson , serjeant in the Coldstream regiment of guards, who gave him an excellent character). Q.(To Williams). Was he drunk or sober at this time? - A. I think he was a little in liquor. GUILTY . (Aged 20.) Fined 1s. and imprisoned one month . Tried by the second Middlesex Jury, before Mr. COMMON SERGEANT 215. JOHN CASTLE was indicted for feloniously stealing, on the 2d of February , a linen apron, value 1s. the property of Moses Hill . MARY HILL sworn. I am the wife of Moses Hill; I live in Gunpowder-alley, East-Harding-street ; I went out between two and three o'clock, on the 2d of February; I returned near upon three; I went to speak to a lady in the two pair of stairs, and she said, your door opens; I called, and nobody answered; I went down, and overtook the prisoner on the stairs; I asked him who he wanted, and he asked for a name that I do not recollect; I said he had been in my room, and taken something out; he said, he had not, and immediately took an apron out of his right hand pocket, and put it down in the window-seat; I then cried, "stop-thief," and got assistance. Q. Was he sober? - A. He was, for all I know. Q.Was that apron your's? - A. Yes; I had just taken it from before me; I know it by a string that is sewed on one side, which had broke off. ELIZABETH BONNINGTON sworn. I heard the man upon the stairs; Mrs. Hill cried,"stop thief, and murder;" I came out of my room and saw the man trying to get away from her; he said, "Pray Ma'am, let me go; I have taken nothing else;" he repeatedly said, "if you will let me go, I will go down upon my knees to you;" further assistance was got, and he was delivered to the officer, who searched him, and took out of his left hand pocket a light-coloured handkerchief; I looked at him, and recollected, that about a fortnight or three weeks before, he asked for a lodger of the name of Bowland. THOMAS NEEDHAM sworn. I work for Mr. Hill; as I was returning from dinner, I met the prisoner, I gave way for him; he moved his hat to me, and thanked me for my civility; I had not been at work above five minutes, when I heard the cry of stop thief; I went down, and found the prisoner in custody; he said, he had done it for want, and he would go down upon his knees, and do any thing; that he had only taken an apron. SAMUEL SINGLETON sworn. I am an officer; I was sent for to apprehend the prisoner: I found these keys upon him, (producing them). Prisoner's defence. The two small keys belong to two boxes of mine; and the other two are old keys belonging to a house that I have lett, lately, in Marybone parish: as to stealing the apron, I never was in that person's room in my life; I went to enquire for a person of the name of Bowland. Singleton. He told me he had taken nothing but this apron; that he lived in the Borough, and I found afterwards, that he lodged in Mary-le-bonne. Prisoner. I did at that time; for I had lett my house at Mary-le-bonne, before I went into business; I was a gentleman's coachman, and was endeavouring to get into the same situation again; and I had the promise of one from a gentleman that I did live with; I have lived with Mr. Cade, in Charlotte-street, Bloomsbury; I lived with Sir Henry Cheare, seven years; and with a gentleman at Kentish Town five years; my witnesses have been attending here three days, but are not here now. GUILTY . (Aged 54.) Publickly whipped and imprisoned six months . Tried by the second London Jury, before Mr. COMMON SERGEANT. 216. JOHN HOLLIER was indicted for feloniously stealing, on the 25th of January , eleven pair of worsted stockings, value 20s. the property of Samuel Richard Bennet . JAMES STYLES sworn. I am servant to Mr. Bennet, of Houndsditch , hatter and hosier : About seven o'clock in the evening, the 25th of January, I was in the shop; I saw the prisoner come into the shop and take eleven pair of blue worsted stockings, and run away with them; I ran after him and cried stop thief; he fell down before he got above a dozen yards from the house; I got up to him and laid hold of his jacket; and by the assistance of another person, brought him back to the shop, with the hose. SAMUEL RICHARD BENNET sworn. On the 25th of January, about the hour of seven in the evening, as I was drinking tea in the parlour, I went forward to see where the lad was, and there was nobody in the shop; I went to the shop door, and saw the last witness have hold of the prisoner's jacket; with the assistance of two persons I brought him back, with the property in his hand, (they were produced); these are mine, they have my mark upon them; the prisoner asked, who was master of the shop; I told him, I was; he said, don't use me ill, there is your property; I stole it for a person, who he would not then tell; we sent for the constable, and gave charge of him; and he took him before the Magistrate; before the Magistrate, he confessed he stole the property. Prisoner's defence. Going down Hounsditch, I saw a man drop the property; I took it up; the man ran away, and they laid hold of me. (The prisoner called William Harris , serjeant in the first regiment of guards, who had known him four years, gave him a very good character, and deposed that he behaved exceeding well on the Continent). GUILTY . (Aged 23.) Fined 1s. and imprisoned for one month . Tried by the second London Jury, before Mr. COMMON SERGEANT. 217. WILLIAM PEAT and ROBERT PEAT were indicted for feloniously stealing, on the 23d of January , a swansdown waistcoat, value 7s. the property of Nicholas Carter . CORNELIUS BARRET sworn. I am servant to Mr. Nicholas Carter , salesman , No. 15, Giltspur-street : On Saturday, the 22d of January, between one and two o'clock, I had seen the two prisoners about the door; I saw one of them (William) unpin a swansdown waistcoat from the door, and the other ran away with it; I gave intelligence to my master, and he pursued them; the prisoner (Robert) threw down the waistcoat; my master caught him, and took him to the Compter; the other was taken about five o'clock the same day, going by our door, I suppose, to see his companion, he was in the Compter; I am sure the two prisoners are the men, I had seen them before; I took particular notice of him, that I might know him again. NICHOLAS CARTER sworn. I am a salesman, in Giltspur-street: On Saturday, between one and two, I saw one of the prisoners, he in the brown coat, unpin the waistcoat; the other immediately took it, and ran away with it; I pursued him, and took him at the second Hospital gate; I immediately carried him to the Compter; this is the waistcoat, (producing it); it has my mark upon it; I am sure he is the same man; I never lost sight of him. William Peat's defence. I had not been with my brother the space of three hours, when I was taken, they detained me, and said I was with him. Robert Peat 's defence. I never had the waistcoat in my hand; going through Giltspur-street, I heard a cry of stop thief, and they said I had the waistcoat.(The prisoner Robert called William Hurst , who had known him five years, and gave him a good character). William Peat, GUILTY . (Aged 20.) Robert Peat, GUILTY . (Aged 24.) Sentences respited to go into the army . Tried by the second London Jury, before Mr. COMMON SERGEANT. 218. JOSEPH DAVISON was indicted for feloniously stealing thirteen hempen bags, value 10s. and an earthen bason, value 1s. the property of Robert Kierman , William Langdon , Edward Harvey , and Thomas Beckworth . JOHN COCK sworn. I am servant to Robert Kierman , William Langdon , Edward Harvey, and Thomas Beckworth, druggists , in Giltspur-street : On Tuesday morning, the 16th of February, about a quarter past seven, I saw the prisoner come to his work as usual; he was our porter; in the course of five minutes after, I saw him come into the counting-house, and, taking the keys, he went into the yard, and unlocked the gate; I went out of the counting-house into the street; I saw the prisoner come out; he saw me at the door, and he went in again; I withdrew, and went up the stair-case, and threw up the window that looked into the street; I immediately saw him come out with a bag upon his back; I directly ran down stairs and out at the counting-house door, into Cock-lane; I saw the prisoner before me; I followed him down the lane and up Snow-hill, into Sea-coal-lane; there I stopped him; I asked him where he was going to; he was so much terrified, he could not tell me; he said, he would go back again; I asked him, what he had got there; and he said, bags; I asked him to put them down; and I looked into them, and found nothing but thirteen bags, and a bason near the bottom; I desired him to take them back into the counting-house, which he did; and I sent him over the way to his work. Cross-examination. Q. How long have you lived with the prosecutors? - A. Nine years, and upwards; the prisoner had lived there eight or nine months. Q. He has a large family of children? - A. Yes; three small ones. EDWARD HARVEY sworn. I am one of the partners in this house: I know these bags, by the mark on one of them corresponding with the warehouse book. Q. You do not know the bason? - A. It is used for a particular purpose in the laboratory, and is fit for no other use; before I had seen him, he made his escape out of the warehouse window; he was followed and brought back; he acknowledged the fact; he fell down on his knees, and said it was his first offence; that he was going to carry potatoes in these bags; I asked him if he dealt in potatoes? he said no; but he was going to deal in them. Q. How did he behave in your service? - A. Very well. - JOSLIN sworn. In consequence of a search-warrant, I went and searched his apartments, and found nothing; his wife was very willing to let me search every part of the house. For the Prisoner. JOHN CLARKE sworn. The prisoner lived porter with me; he was one of the honestest porters I ever had. GUILTY . (Aged 41.) Fined 1s. and imprisoned in Newgate one week . Tried by the second London Jury, before Mr. COMMON SERGEANT. 220. JOSEPH HAGGETT was indicted for feloniously stealing, on the 16th of February , two coach-glasses, value 12s. the property of Joshua Rivers . JOSHUA RIVERS sworn. I keep a livery stable in Fann-street, Aldersgate-street , I lost the glasses out of the yard; I keep a hackney-coach, it goes out about eight or nine in the day, and comes home about eleven or twelve at night; there is a gallery at the bottom of the yard, where a few people live, we lock the gate and leave the wicket open; about six o'clock in the morning, my servant found the coach-door open, and the glasses gone; and I heard a man had been stopped with them by the watchman, in Old-street, or Golden-lane, and called me up immediately. - WATSON sworn. I am headborough in St. Luke's parish; it was my night up at the watchhouse; the 16th of this month I was walking down Golden-lane, as I generally do once or twice in the night; I heard two people coming up on the other side of the way talking one to the other, this was a little before three in the morning; I heard them making use of bad words; I crossed over to them, and seeing me crossing over, they walked along rather faster; as soon as I got to the corner, they turned up Playhouse-yard; I saw the glasses between the men, they were carrying them in their hands, and they made a great rattling one against the other, which gave me a suspicion they had got something they should not have; seeing me follow, the other went forward, and this man dropped the glasses, and I stopped him. Q.Were the glasses broke? - A. No; they were set down by the wall, and were not damaged at all.(produces them). Q. Are you sure the prisoner had the possession of these two glasses? - A. Yes; I made a particular remark of him, his coat being out at both elbows, and his shirt hanging out. Rivers. This glass is mine; there were four lost out of the yard, only one of these is mine; they left each a stick in my ride, the one on one side, the other on the other. Prisoner's defence. I was coming round Golden-lane, I turned the corner of Playhouse-yard, and the watchman laid hold of me, and took me to the watchhouse, and afterwards brought two glasses, and asked if I knew any thing of them; I know nothing of them. GUILTY . (Aged 24.) Transported for seven years . Tried by the second London jury, before Mr. COMMON SERGEANT. 221. MARY BERREY was indicted for feloniously stealing, on the 2d of February , a satin waistcoat, value 2s. a kerseymere waistcoat, value 5s. a linen waistcoat, value 1s. a muslin apron, value 2s. and a linen sheet, value 2s. 6d. the property of Samuel Pincott . MARY PINCOTT sworn. I live in Leatherseller's-buildings, London-wall ; I am the wife of Samuel Pincott , my husband is a stage-coachman ; the prisoner was my servant , she has lived with me four months, and has been robbing me ever since she has lived with me; I missed some things, she denied knowing any thing of them; I went into the kitchen, and desired her to tell what she had done with my things? she denied having them; the next day, I went to the Lord-Mayor, and got a constable; Newman searched her, and found thirteen duplicates upon her, belonging to four different pawnbrokers. - NEWMAN sworn. I am a constable; I was sent for to search the prisoner, on the 2d of February; I found thirteen duplicated sewed up in her petticoat, twelve of them proved to be Mrs. Pincott's property. EDWARD BROWN sworn. I live with Alexander Price , No. 70, London-wall; seven of these duplicates are mine, (produces three waistcoats, an apron, a sheet, a petticoat, and a remnant of cotton, which, Mrs. Pincott says, is the prisoner's own property). I took the three waistcoats in of the prisoner at the bar; my master's young man took in the other things, he is not here; the tickets correspond with the tickets on them; I know the waistcoats perfectly well, I made part of one of them myself; the apron has got a letter, only, in and I know the sheet. Prisoner's defence. The prosecutor assured me, if I would give an account of the things; she would forgive me; I went down on my knees to her. GUILTY . (Aged 55 .) Fined 1s. and imprisoned in Newgate one month . Tried by the second London Jury, before Mr. COMMON SERGEANT. 222. THOMAS COLLIER was indicted for breaking and entering the dwelling-house of William Tyrrell , about the hour of nine in the forenoon of the 18th of February , Letitia, his wife, being therein; and feloniously stealing a silver watch, value 4l. a base metal watch-chain, value 2s. a stone seal set in base metal, value 4d. a base metal watch-key, value 1d. a base metal trinket, value 1d. and a mahogony tea-caddie, value 3s. the property of William Tyrrell . LETITIA TYRRELL sworn. I am the wife of William Tyrrell , a coal-heaver I live in Water-lane : On Thursday, the 18th of February, I saw a man in the front room on the ground-floor, with a tea-caddie in his hand, about two minutes past nine in the morning. Q. Is it your house? - A. No; Mr. Flindall's next door; I am a lodger; it is let out in separate apartments, I have the ground-floor. Q. The landlord does not live there at all? - A. No; I was in the back room, and saw the prisoner in the front room; he went out of the room, I went after him, and called "stop thief." Q. What did you see him do? - A. He took up the tea-chest in his hand that always stands upon the table; and when he saw me, he put it down again, and went out of the room, and ran away; I immediately called "stop thief;" a young man jumped over the window, and follow him; I did not go any further than the second door, I did not see him stopped; he was stopped by Richard Thorne , who is here; I did not miss the watch till I came back again; they brought the man back in the course of ten minutes. It was on the mantle-piece, hanging upon a book; it is a silver watch. Q. Did you know any thing of the prisoner? - A. I know that is the man I saw in my room; I never saw him before to my knowledge. RICHARD THORNE sworn. I am a box-maker; I live two doors from Mr. Tyrrell's, in Water-lane; I was at work in the shop, I heard the cry of "stop-thief," I jumped over the window, I saw the prisoner and the prosecutrix; I pursued him as far as Shoe-lane, and there he was stopped by some dray-man, or dustman; I don't know which, but he let him go and I collared him directly; but before I came up to him, I saw him throw the watch down; I brought him back to the prosecutrix; he was given charge to a constable, who was coming by accidentally, and brought to the New Compter, and from thence to Guildhall; I gave the watch to the constable. WILLIAM WHEELER sworn. I heard an alarm of stop-thief; I ran out at the door and pursued him; I went as far as Shoe-lane, when our young man had got hold of him, I took hold of him on the other side, and brought him back, I did not see him drop the watch. PHILIP TALENTS sworn. I am assistant to Moore and Hopley, druggists in Fleet-street: On Thursday morning last, I heard a cry of stop-thief, I saw the prisoner and pursued him down Shoe-lane; he was stopped by a drayman, he put his hand behind him, and dropped a watch, which I picked up and gave to the last witness. JAMES GOODMAN sworn. I am constable of Farringdon-ward; I was coming by on Thursday morning, I saw a great many people down Water lane, I went to see what was the matter, and they gave me charge of the prisoner, and Thorn gave me charge of this watch, (producing it). Prosecutrix. This is my watch, it was hanging over the mantle-piece. Prisoner's defence. Last Thursday morning, I got up about seven o'clock to go to a relations in Northumberland-street, to take leave of her; I was going to a place called Ivinghoe, in Buckinghamshire; and coming down Fleet-street, I heard a cry of stop-thief; I saw many people running, I ran likewife; at the corner of Shoe-lane I was stopped by a man that I believe was a coal-heaver; I asked what was the matter, and the man seized my watch out of my fob, and said, I have got it, and a man saw a watch drop from among the crowd, that is all I know about it.(for the prisoner). JOHN AUSTIN sworn. I am a clock engraver and varnisher; the prisoner is a coach-harness-maker by trade; I have known him from a lad; he had some money left him, and he came up out of the country. Prisoner. I only came up out of the country, my Lord, last Sunday. Court. (To Austin). Q. How long ago is it since you knew him at work? - A. About four months ago in Old-street-road, he always bore a good character; I did not know any thing of this, till his mother came to me. GUILTY, Of stealing to the value of 39s . (Aged 22.) Judgment respited to go into the army . Tried by the second London Jury, before Mr. COMMON SERGEANT. 223. MARY HAMILTON was indicted for feloniously stealing, on the 24th of January , a quart pewter pot, value 20d. and a pint pewter pot, value 10d. the property of George Puffer . GEORGE PUFFER sworn. I live at Knightsbridge , I am a victualler ; I can only prove the property. JOHN COURT sworn. I am a coachman; I and the other witness had been to Knightsbridge, on the 24th of January; and on my return, between eight and nine o'clock in the morning, I saw the prisoner go into No. 31, Piccadilly, and return with something wrapped up before her, which gave me a suspicion; I then followed her as far as Glass-house-street, where I stopped her; I found a quart pot and a pint pot before her, wrapped up in her clothes, belonging to Mr. Medley, and a quart pot and a pint pot, belonging to the prosecutor, the quart in one pocket, and the pint in another; upon that I took her to St. James's watch-house; I marked the property, and left it there till Monday morning; these are the same pots, (producing them).(They were deposed to by the prosecutor). Prisoner. I have nothing to say. GUILTY . (Aged 50.) Fined 1s. and imprisoned twelve months in the House of Correction . Tried by the first Middlesex Jury, before Mr. COMMON SERGEANT. 224. GEORGE CROSSLEY was indicted (with Sir JOHN BRIGGS , Bart. HENRY HOLLAND , and WILLIAM AUSTIN , not in custody), for forging and counterfeiting, and uttering and publishing the same as true, on the 29th of April , a certain paper, purporting to be the last will and testament of Henry Lewis , with intent to defraud Thomas Morgan . (There were several other Counts charging the like forgery, varying the intentions).(The indictment was stated by Mr. Dauncey). Mr. Sergeant Adair. May it please your Lordship Gentlemen of the Jury. - It becomes my duty on the part of this prosecution, to state to you the nature of the charge against the prisoner at the bar; and of the evidence by which it is supported, in order that you may be able to direct your attention to the principal points of that evidence, and to do that which will be extremely material to the prisoner, and to public justice, to distinguish the application and bearing of the evidence that will be laid before you; because it will be necessary for me to produce a considerable portion of evidence, which of itself will not criminate the prisoner at the bar; in order to establish a fact, without which, we cannot even begin to make a charge against the prisoner. It is certainly equally necessary to justice, that your minds should be prepared, that no further than that evidence is distinctly brought home to the prisoner, by facts fixed upon himself, or clearly within his knowledge, can any tittle of that evidence affect either the life or character of the prisoner; and no man, I am sure, will be more anxious than myself, not even my learned friends, to whom his defence, against so important a charge, is entrusted, will be more anxious than I shall be to point out that distinction in any evidence that I may offer to the Court, and in the outset to do that which my learned friends are not permitted to do, to caution you myself, to strip your minds of every thing which you may have heard or read respecting the transaction in question. The charge against the prisoner arises from a transaction of great public notoriety, and many things may have passed which are entirely unfounded in truth, and, therefore, from any thing you have heard, or any impressions made upon your mind, well or ill-founded, ought you to suffer, in the flightest degree, to enter your minds, but to wipe off, as far as it is possible for human nature to do, every recollection upon the subject, as if you were perfect strangers to every thing but what you may hear in Court, and from that, form your opinion, whether the charge is so made out, as to justify you in finding a verdict that will affect the life of the unfortunate prisoner at the bar. Gentlemen, the crime of forgery is one that is destructive of all security of property, and which tears up by the roots, the confidence necessary to be placed in solemn legal instruments; in short, leads to every kind of plunder, and is therefore justly estimated, by the law, the highest order of crimes that can be committed in a state of civilized society, and punished with death. It is the duty of Juries, in all cases to take care in judicial enquiries, not to proceed upon vague grounds of suspicion, and certainly peculiarly so, in cases that affect the life of the party. Gentlemen, having thus shortly called your attention to the importance of your duty, it becomes necessary to give you as distinct and concise a narrative as possible, of this transaction; I will afterwards point out the more important facts, which apply to the questions you are to try; and give you a general statement of the nature of the evidence by which it is to be supported. Gentlemen, the will in question purports to be the will of a gentleman of the name of Lewis; and the first question for you to decide will be, whether that is the genuine will of the party or not; because, if upon the evidence in this cause, you should find reason, when you have heard both sides, either to think that this is in fact the will of Mr. Lewis, or to entertain any considerable doubt, whether it is or not, we certainly cannot proceed one jot further; for no evidence of suspicious circumstances, no evidence of mysterious conduct, nothing that tends to involve the prisoner in general suspicions, can have the smallest effect; if you are doubtful whether this is a genuine instrument, for the prisoner is not in the outset called upon to prove that it is a genuine instrument; God forbid that he should; but we are called upon to prove, in this case, something which partakes of the nature of a negative, but which is, however, an affirmative proposition, capable of proof that it is a forgery. The first point, therefore, for you to consider is, whether this is the genuine will of Mr. Lewis, or whether it is a forgery; which, if we should establish beyond any reasonable ground of doubt, for you are not to expect mathematical demonstration in the proceedings of the administration of justice; but you are not to pronounce him guilty of a forgery, if a reasonable doubt can be entertained, by conscientious men upon their oaths, fairly considering the circumstances of the case. And, gentlemen, if we should make out that proposition, still the prisoner will stand unaffected, unless we bring home a knowledge and participation of the prisoner in the acts of those persons who fabricated the instrument. Gentlemen, Mr. Lewis, the real or supposed testator, was a clergyman, a gentleman of a liberal education, and of considerable accomplishments; a man respected in the neighbourhood in which he lived, for the character of a man of letters, and for a peculiarity of character, which may not be immaterial for your consideration, in estimating the probability of his having first made any will at all; or, secondly, a will of the kind which is the subject of this indictment; he was, besides being a man of letters, a proud and reserved man; not extremely communicative of his affairs; little disposed to confer with strangers, even upon trisling matters, much less upon matters of importance; and still less with persons of inferior rank, or of doubtful and suspicious characters. Mr. Lewis had been, through a considerable part of his life, involved in a litigation respecting the authenticity of his mother's will; it appears from some of the evidence in the cause, that that circumstance had made a strong impression upon his mind; what the nature of that case was, is totally immaterial; and it would only be wasting your time to allude to, further than to explain some of the declarations of Mr. Lewis himself, which have reference to the subject of this charge; it is sufficient that he had a strong impression of the forgery of his mother's will; and that that circumstance weighed so much in his mind, as, joined with other peculiarities in his character, to produce a determination in him, which appears to have continued to the time of his death, never to make a will himself; but, to use his own expression, to let the law make his will, and dispose of his property: you will find, therefore, that upon several different occasions, and to several different persons, for some time antecedent to Mr. Lewis's death, which happened in the month of January, 1795, he has declared, cost he never meant to make a will, and never would; and sometimes with allusions to the transactions of his mothers' will. Gentlemen, you will find also, that he had no great esteem or affection for the family of a person named in this indictment, who is not now forthcoming to public justice; a Baronet, of the name of Sir John Briggs , who had married a cousin of Mr. Lewis's; and in whose favour, as to a very considerable portion of Mr. Lewis's effects, the will in question is supposed to have been made; I mean in favour of Lady Briggs, and her posterity, not to Sir John himself; you will find, however, that the unfavourable impression he had received of the character of Sir John Briggs, had induced him to declare, at a period not very distant from his death, and long subsequent to the date of the supposed will, that none of the Briggs' family should have any portion of his property. This gentleman, so circumstanced, resided at Hygga, in Monmouthshire, a few miles distant from the town of Monmouth; he used to go frequently into Devonshire, partly on account of his health; he returned from thence to his own house, with a fevere indisposition, which terminated in his death, which happened at Monmouth, at the house of a relation, Mrs. Kane, the mother of Lady Briggs, in whose favour the will disposes of one half of his real estates, during her life; notwithstanding that circumstance, I believe you will find no hint was ever dropped by him, that he either had made or intended to make any disposition of his property by will; the universal impression by all his family, that this gentleman had died intestate; notice was given of his death to his different heirs at law, for he possessed several estates, some of which came to him by his father, and some through his mother; to his estates at Monmouth, the present prosecutor, Mr. Morgan, was maternal heir at law; there was no trace of a will found among his papers, nor no suspicion entertained, at that time, that any will was made. In that situation, the parties entered into possession of the different estates, and things remained in that situation from the time of his death, the 11th of January, till the 5th of April following; when a very singular transaction happened; a letter was received by a gentleman of the name of Lewis, at Monmouth, from a person of the name of Isgar, dated Bath, who stated, that the Rev. Mr. Lewis was indebted to him for witnessing his will; and, desiring to know where he might address him, in order to be satisfied for the trouble he had taken upon that occasion. This was a very singular occurrence, both in its nature and the time and circumstances, under which it came forward; and it was a singular sort of charge, for, I believe, it is one of the first instances of a bill brought in (at a distance of so considerable time from the date of the will) for being a witness to a gentleman's will. This extraordinary letter excited a great deal of speculation; and Sir John Briggs thought proper to set out for Bath, to enquire for this person, of the name of Isgar; he went with other persons, to Isgar; he asked him, if he knew any thing of a will of Mr. Lewis's; he replied, that he did; and, what is still more surprising, this man, an obscure man, resident at Bath, at this distance from Mr. Lewis's family, not only was a witness to the will, but had the will in his possession. Isgar produced the will; and, on the 5th of May following, this will was brought by Isgar to Monmouth; delivered to Mrs. Kane, the mother of Lady Briggs, who was appointed one of the executrixes, Gentlemen, I ought now to state to you, what the will was; it bears date the 10th of August, 1791; near four years before the death of the testator, so that you will find, that most of the declarations of Mr. Lewis, the testator, that he never would make a will, are posterior to the date of the will; that he never had made a will, and never intended to make a will. The will is drawn formally, not with the appearance of having been drawn by a gentleman in Mr. Lewis's situation-a man of letters, a gentleman, and a clergyman; but drawn formally and scientifically; as if it was drawn by a man of the law, as you will find by the provisions.(Reads the will, for which see the evidence). Gentlemen, the parties claiming under the will brought an ejectment for a moiety of the lands lying in Montgomery, against Mr. Morgan, the maternal heir at law of those estates, which had come to the testator from his mother, and who had entered upon them, upon the presumption, that Mr. Lewis died inteslate; that ejectment was tried at the last Summer assizes, at Hereford; and it becomes necessary to state, that upon the trial of that ejectment, a verdict was found against the authenticity of that will, for the defendant, the heir at law; and, here again, I think it my duty, on the part of the prosecutor, to state to you, that you are far from being bound or concluded by that verdict; that verdict does by no means prove this will a forgery; I will go further, I will say, that as against Mr. Crossly it is no evidence, that it is a forgery, because Mr. Crossly was not a party to that cause; nor appeared as an attorney in it, and therefore it is extremely possible that all the evidence may not have been distinctly laid before that Jury; or if it was, that that Jury may have formed a wrong opinion; you are therefore not bound by that verdict even to believe that this will is a forgery, which is the first thing we have to prove; but it is necessary to state that fact to you, that such a verdict was found. The noble and learned Judge, who tried that cause, thought it his duty, in furtherance of public justice, and in order that a transaction of so soul a nature, if that verdict was right, might be the subject of further investigation in a Court of proper jurisdiction; for it then became the subject of criminal jurisdiction; it was thought proper to detain the will: and Austin and Isgar, the witnesses to that will, were apprehended by warrant, and committed to Hereford Gaol; and while they were so in custody, one of those witnesses, whom I have already mentioned as residing at Bath, in an obscure situation, and of no very good character, thought proper to give intimations that he was ready to make a discovery of, what he alledged to be the whole truth; he purports to be a witness to that will; he therefore must have knowledge as to the question whether it is or not the will of Mr. Lewis; it was thought deserving of attention, and conducive to public justice, to attend to his offer; the Mayor of Hereford, accompanied by some other persons, with Mr. Stoke, the attorney for this prosecution, and attorney for Mr. Morgan, upon the trial of that ejectment, attended; Isgar repeated his offers of disclosure, and, in fact, gave an account before the Mayor of, what he stated to be, the truth, of that transaction. You will see, therefore, that that person, who stands in the light of an accomplice, who has witnessed a will, which he now says was a forgery, who upon the trial swore to the execution of that will, must necessarily for public justice, be brought to-day before you as an evidence: I need not, after giving this description of him, tell you, with how much caution you ought to receive testimony from so soul a quarter; I will even go the length of saying, that that testimony is wholly undeserving of credit, unless it is very materially confirmed by circumstances proved by unsuspected witnesses. Upon this verdict, however, and upon this disclosure of Isgar, other parties were apprehended; Sir John Briggs left the kingdom; that circumstance, however it might affect him, if he was now upon his trial, can have no influence upon your judgment with respect to the prisoner. Mr. Holland, another of the parties, has also withdrawn himself from public justice; Bowden, the other witness, being dead. Gentlemen, I have thus given you a narrative of the transactions which have led to this prosecution; it will now be necessary more particularly to state to you, the nature of the evidence, by which you will be enabled to form a judgment upon the two questions that will be submitted to your consideration; first, whether you are clearly satisfied that this is not the will of Mr. Lewis, which it purports to be, but is a forgery; and secondly, if it be a forged will, whether you have sufficient proof brought home to the prisoner at the bar, to satisfy you that he was one of the persons concerned, either in the immediate act of the forgery, or in publishing that will, with the knowledge that it was forged. Gentlemen, that the will is a forgery will be to be collected from the substance of the will itself; from the characters and descriptions of the witnesses that have subseribed it; from the declarations of the testator upon the subject, compared with the will, the date of the will, and certain other evidence in the testator's hand-writing, found in different papers belonging to him, which are pretty strongly applicable to the question, whether the will is or not a genuine will: you will find that this will is made principally in favour of that very family to which the declaration of the testator was applied, long after the date of the will, that they never should have any part of his property; and the authenticity of the will will be still more materially affected by the will itself, which, pursuing the legal form which men of the law are used to, revokes all former wills made by Mr. Lewis, the said testator; from that, you are to infer, in the very teeth of all the declarations that you will hear, that this was not the first will he had made, but that he was in the habit of making wills from time to time; that it was necessary to revoke all former wills; and that applied to a person who repeatedly declared, subsequent to the date of the will, that he had never made a will at all. Gentlemen, you observe the will bears date the 10th of August, 1791, that it purports to be witnessed and executed at Bath; and in point of fact you will learn, if it is necessary, from the noble and learned Judge, who tried the ejectment, that the witnesses swore to the eexcution of it at Bath; and they are, I believe, all of them, residents at Bath; now it will be pretty clearly, and unquestionably proved to you, that on the 10th of August, when this will bears date, Mr. Lewis was at home at Hygga in the county of Monmouth, and it will be prov ed to you, by something more positive than vague recollection, by accounts of transactions at Hygga in his own writing, of things brought in, and payments made by him to different persons distinctly and regularly from a day prior to the 8th of August, down to the 12th of the same month, and afterwards to the 20th; but, from the 20th to the 27th of the same month, there is no entry made by Mr. Lewis in that book; the possible conclusion at least from which is, that he might have been absent from Hygga at any time, or the whole time, between the 20th and 27th of August. Mr. Lewis having been at home at the time the will bears date, proved clearly that the will could not have been executed by him at Bath; and this being more generally talked of than the prudence and reserve that ought to have been used, would admit, it became pretty well known that there would be strong evidence against this will, if that will was attempted to be applied to the day of its date, it appearing therefore, that that could not be the true date, and that unless the will was antedated, it could not be the will of Mr. Lewis; it is pretty remarkable, that afterwards, upon the proof of the will, the witnesses admitted that the will was antedated, and fixed the time of the execution in that very period in which the blank in this memorandum-book occurred, and a very lame apology indeed was made for antedating it; the reason given, was, that the draft of the will was left blank, and that it was filled up with the word tenth, because there was not room to write a longer word in the blank. Now, when you come to find, that this account was not given till after it was known, that the will could not have been executed on that day, that will be a circumstance of very strong suspicion indeed. Gentlemen, from these circumstances, therefore, there seems to be strong evidence, that that was not the will of Mr. Lewis, and having laid that foundation of probability, I will add direct and positive testimony, by persons long and well acquainted with the character of his hand-writing, and who, I am told, will be extremely clear upon that point, that this is not his hand-writing. Gentlemen, besides this, you will find a very strong body of evidence, extrinsic of the will, to shew that a will was intended to be forged, and was actually forged for Mr. Lewis; you will find a meeting held with Sir John Briggs , the person interested in the will, on the very evening preceding the burial of Mr. Lewis, in which the possibility of supplying the want of a will was much agitated by the parties at that time, and even under the then circumstances, was agreed upon by the parties, a conversation took place, which necessarily led to, and indicated, the plan of forging a will; two of the parties present, were Sir John Briggs , who has left the country, Mr. Holland, who has also left the country, and both of whom are implicated in this indictment. Gentlemen, in furtherance of that you will find, that when Mr. Holland's house was searched, several very material papers were found, which will be applicable to the two different heads of evidence that I have stated to you; at present, I shall confine myself to the general proof, that that will was a forgery, for that Mr. Holland was concerned at least in that forgery, does not at all affect the prisoner; but at Holland's there was found a paper, purporting to be the will of Mr. Lewis, which makes dispositions of the property of Mr. Henry Lewis , similar to those contained in the will, that is now contended to be his genuine will, similar exactly in the principal demises of the estate, the legacies somewhat differ in their amount, but are to the same persons, and in short there seems to be little doubt, that with the alterations which it would occur to a man of business, to make in this instrument, this paper was the prototype of the will now produced as the genuine will of Mr. Lewis; but that will is so ignorantly drawn, so illiterally expressed, so full of mispelling, in short, upon the face of it, so impossible to be the will of Mr. Henry Lewis, a gentleman and a clergyman of learning and education, that the moment it was read over by a man of sense, or a man of business, the observation which you will find afterwards was in fact made, must occur-this will not do, this can never pass as the will of Mr. Henry Lewis, but there is to that draft a signature of Henry Lewis, much more like his writing, than the will in question; but that is not all, for that paper contains absolute demonstration, that some persons were attempting to forge a will for Mr. Lewis, for it appears most distinctly, that when that draft was rejected as impossible to pass for the true will of Mr. Lewis, persons have been practising upon that sheet of paper, for you will find the name of Henry Lewis written over twelve or thirteen different times, sometimes Henry Lewis, sometimes Lewis only, and sometimes Henry only; in short, to imitate the handwriting of the testator, as will be proved by this paper. Why then, Gentlemen, that naturally leads me to the principal evidence in the cause, I mean the evidence Isgar, the accomplice; you cannot expect that many witnesses can give precise and positive testimony to an act of forgery, it will never be committed in the presence of any person who is not implicated in the guilt; it seems to me, therefore, that it can rarely, if ever, by any thing but accident, occur, that a Court, or Jury, can have direct evidence of the fact of forgery from what may be fairly called a credible witness; and in this case, the only direct evidence will be that of an accomplice; and, of an accomplice, I will fairly state to you, as little deserving of credit in himself, as any accomplice that can be called into a Court of Justice; because, he not only comes to tell you, that for hire and reward he became a subscribing witness to a forged will, but afterwards, that he came into a Court of Justice, by perjury, to support that forgery, stating himself to be present at the execution of that will by Mr. Lewis, which, he now says, never was executed at all; therefore, you will certainly not feel yourselves called upon to believe any thing that Isgar says, merely because he says it; or because he says it upon oath. I will now read to you the account Isgar has already given, and will, probably, again give of this transaction. Isgar states, first, a conversation which passed in London, in the month of February, with a person of the name of Clarke, an attorney, in Nottinghamshire, who will make a considerable figure in this transaction; and another person, respecting the writing of a will upon a blank sheet of paper, upon which the persons name should be subseribed. Holland was also present, and a reward was promised, at that time, to Isgar; and, he admits himself, from the pressure of distressed circumstances, to have assented to this wicked plan, and agreed to lend his assistance. He then states, that Holland, in the month of March, brought to his house, at Bath, a draft of a will, purporting to be the will of Henry Lewis; and that this was after the death of Mr. Lewis, that he produced a sheet of paper with the name Henry Lewis written upon it; he says, Holland, at that time, told him, that the paper was old enough; you see the meaning of that; that the will purporting to bear date four years before the testator's death, if the paper had been made a few weeks before, it would have furnished a means of detection. He admits that he himself copied that will upon the piece of paper so prepared he says, he sent it by the post, with a direction that he received from Holland; that Sir John Briggs called upon him with the will which he had so sent, and said, that that will would not do, for that the testator was a very particular man, and certainly would not have signed such a will as that. Sir John took it away, and, afterwards, Holland called again with the same copy, and asked if he could find a witness who could make good marks; upon which, he says, he soon after saw William Austin, the other witness to the will in question, and told him, that he knew how to put him, Austin, in the way of getting 100l. that he told him it was to put his name to a will; and Austin said, that he would do it; he says then, that Holland, Austin, and himself, went to a public-house in Bath, where Holland produced the will so copied; and Holland himself then went through the form of publishing that as the will, and then gave Austin a note for 100l. for value received, payable at Nando's coffee-house; he says, that for some time afterwards, and in his original account, given before the Mayor of Hereford, it appears, that the first time he saw Sir John Briggs was the first of May; that must be, and is, a mistake as to the time; you will give that circumstance as much weight as you may think it deserves; but in point of fact, if the transaction is true, it must have been in the month of March; Sir John Briggs said, that will will not do, we must have it done another way; and then said, that fellow Holland brought me one George Crossley , and asked the witness if he knew Crossley; the witness answered that he did; and that Sir John Briggs then said, he believed Holland had let him in, and would be his ruin; it is certain that Holland had managed this in a very bungling way up to this time; he asked the witness if he would go to London to Crossley, and if Austin would go with him; he says, that Austin and he consented; and here it will appear clear to you, that the month must have been a mistake, and probably not an intentional mistake on the part of the witness, because you will find, that Austin and he did, in fact, go to London together, about the 25th, or 26th, of March. He states that they were sent by Sir John Briggs , to attend Mr. Crossley, at the Golden-cross, Charing-cross; he then says, he afterwards heard conversation with Sir John at Mr. Crossley's house, he being with Austin in an adjoining room; George Crossley brought out to him and Austin two copies of the will of Henry Lewis, which appeared to have the name of Henry Lewis, together with the dates, all ready subscribed and filled up, but without any witnesses' name; and he told the witness and Austin to set their names as witnesses to the will. He says Austin wrote his own name, and then the name of Thomas Bowden , who had been dead about six monthes before; and then he says, that he himself wrote his name to both the copies; he says, Mr. Crossley held the door in his hard during that time, and made use of some particular expressions which you will hear from the witness. He says, after drinking some wine, he and Austin went away. A day or two after this, he says, he saw George Crossley , and asked him why two should be signed? George Crossley said, in case any accident should happen to one, that he and his clerks might then come forward, and say, it was left by the old gentlemen in his hands; that he took one of them with him, and the other was left with Mr. Crossley, who told him, that he had taken care to see that the paper was old enough for such purposes. He says, Mr. Crossley dictated a letter for him to write to Mr. Morgan, at Monmouth, which he accordingly did. He says, that he was to receive 500l. for his share; and that he did receive a bill, of Holland, for 50l. at two month's date, which he paid to George Crossley , being indebted to him for some business that he had done for him. He says, Mr. Crossley having received a sum from Holland, further paid him the sum of 10l. and he also believes, that the two wills were written by one Upfell, a nephew, and one of the clerks of the prisoner at the bar. Gentlemen, I have now gone through the account of this nefarious transaction, by a party confessing himself to be an accomplice. Gentlemen, from the difficulty of bringing forth transactions that in their nature shun the light; the wisdom of the law does not wholly reject the restimony of accomplices, but directs Juries to receive it with great caution; unquestionably, because a man who comes into Court to impute to himself a degree of guilt equal to that of the prisoner at the bar, is not entitled to the same belief as what the law calls a fair and credible witness; but it would be perfect nonsense if the law admitted such evidence to be examined, and at the same time said, that when he is examined, you shall in no case be permitted to believe it; that would be an absurdity, which cannot be imputed to the laws of this country. The law therefore takes the middle line, which is the line of justice and common sense; it says, we will hear what a man has to say, who even stands (to make use of that vulgar expression) in that blasted situation that I have described; but we will hear him with caution; we will attend very minutely to the circumstances of the story that he tells; we will judge of its probability; but we will go further, we will examine whether he is so confirmed by written evidence, or by facts proved by credible witnesses, as to satisfy the Jury, that though the story is told by a person who himself is not worthy of belief, is nevertheless a true story. Now, Gentlemen, I have endeavoured fairly to state the point of view in which you are to consider the evidence that is to be given by Isgar, and it now becomes my duty to state to you, what the circumstances are, by which this evidence of Isgar is to be consumed. Then, Gentlemen, the first material thing that Isgar states is, that Richard Holland brought him the draft of a will prepared, and he states Sir John Briggs subsequent application; now that will be confirmed in the most clear and satisfactory manner, by the fabricated draft, upon which I have already observed; with that number of names to it, found in Holland's house; that therefore Holland was possessed of a paper, as described by Isgar, is certainly true; for that is proved beyond a possibility of doubt. Another very particular circumstance that confirms it is, that this very paper is in the hand-writing of Isgar, who says he wrote it. Another very remarkable thing is, Holland saying to him, that the paper was old enough; now you will find, that in a letter found at Crossley's house, from Clarke, couched in very mysterious terms, which indicated pretty strongly, that they were engaged in some nesarious transactions together, and which concludes with this remarkable expression,"I have some very choice paper forty years old:" so said Clarke to Crossley, on the 6th of March, 1795. The other parts of the letter are so unintelligible, that I have not ingenuity enough to apply them to this or any other transaction. Gentlemen, when you find that, and also the other correspondence that will be produced to you, between Clarke, Crossley, and Holland, writing to one another in this enigmatical manner, will confirm that part of the testimony of Isgar. The next point in which Isgar's testimony is confirmed will be this, that after Austin had subscribed his name to the paper produced by Holland, and had agreed to become a witness, Holland gave Austin a note for 100l. payable at Nando's coffee-house, for value received. I will give you unquestionable proof that that part at least of Isgar's testimony is true, because that when Austin was apprehended at Hereford, that very note was found in Austin's hat. That note is antedated; for it is stated by Isgar to be in March, 1795; and the note is dated the 12th of December, 1794; and when that note is produced, you shall have the examination of it; you shall hold it up to the light, and you will see very clearly, that though it bears date upon the face of it on the 12th of December, 1794, the note was written some time in 1795; because you will see that the figure 4 is written over a 5; that therefore must have been written in 1795: it was delivered to Austin in March 1795; the 12th of December, 1794, therefore, could not have been the date of it. That part of Isgar's testimony, therefore, is true beyond all doubt. The next confirmation of Isgar is this, that in April he and Austin came up, at the desire of Sir John Briggs , to London, to meet Crossley, where the forgery was committed. Now I shall prove that Austin and he appeared in London together about that time; that will be proved by the person with whom Isgar lodged, in St. Martin's-lane; and by the sister of Austin, who will prove that Austin was in town at that time; and the person with whom Isgar lodged will prove that Austin came to him while he was there: that is another confirmation of Isgar's evidence. His connexion with Crossley will also be proved; from some very material circumstances it will appear to you, that Crossley was seen with these men, by credible witnesses; and the witness says, that Mr. Crossley made use of the same expression to him that Holland had before done, in telling the witness that he had taken care in seeing that the paper was old enough for these purposes; there it is only necessary to remind you again of Clarke's letter to Crossley, stating, that he had got choice paper forty years old. He says then, that Mr. Crossley dictated the letter he wrote to Monmouth, respecting the will; that may or not be true; it is no further confirmed than shewing that they were together; but that such a letter was received is certain, for it bears date upon the 5th of April, and being antedated, it was not received till a period late enough to be written after the time he met. Crossley in London; it was not actually received, I believe, till the latter end of April, some days after Isgar had been in town, and had been seen with Mr. Crossley. Then Isgar states, that he was to have 500l.; that he received a bill of 501. which he paid to Crossley, and 10l.; in that you will find him confirmed by a letter of Crossley's, on the 2d of May, to Holland; in which he states that fact; and in another letter of the 2d of June to Holland, he says, "I have now advanced 70l. 10s."60l. on account of his bill for the goods, in which"your 50l. is included." So that it is a proof that Mr. Crossley paid 10l. and this bill for 50l. makes exactly the 60l.; in which Mr. Crossley himself states, the bill is included."The ten guineas is paid by order of"Monsieur." We cannot say who that was; it was likely to be Sir John Briggs ; but we can only guess. Then, he says, "however let me have the 70l. 10s. by" return of post, and it may be best to let him have 40l."more, as he so much presses; but of this do as you"please; I told him, you ought not to pay for the"goods till the sale money was paid to you." Now these are circumstances which do pretty strongly confirm the testimony of Isgar. There is also in this letter of the 2d of May, very strong matter of crimination against the prisoner; for you will find him giving a false account of some transactions, in which he was then concerned; in that letter you will find the prisoner had the andacity to make use of the name of that very respectable gentleman who at this moment attends here, I mean Sir John Scott , his Majesty's Attorney General, from whose-well known character, I am sure, if you had not been sitting where you are, bound to decide, by evidence, upon oath alone, you would not have required witnesses to state that it was not true, that it applied to Sir John Scott; if there is any other Sir John Scott to whom it does apply, it will be incumbent upon Mr. Crossley to shew which, if he can, I shall be extremely happy; but writing to Mr. Richard Holland upon the 2d of May, Mr. Crossley says,"When I saw Sir John Scott here, he then advised,"and it was agreed, that Mr. Eberno should be at the"King's-head, upon Monday at eleven. I have since"then settled the matter of Eberno, which Mrs. Allen"last wrote about, and the bail was put in, so that"nothing can, but his own want of prudence, prevent"his attending to the appointment; he set off by the"coach at four this morning." Now that part of the letter leads into a very extraordinary transaction indeed, and I believe I may venture to prophesy, that Sir John Scott will tell you he never gave such advice, and that he has not any knowledge who this Mr. Eberno is; it is necessary, however, that you should know who he is, and I think I can prove that Mr. Eberno is no other than Isgar, the witness; I will shew you that Isgar, who will swear to the forgery at the time I have stated, staid in town after that, till the 2d of May, which is the date of this letter, that he did set out from town at or about four o'clock on that morning; and I will prove, that on the preceding day, bail was put in for Isgar, by a Mr. Stephen Price , and paid for by Mr. Crossley, which I will prove by a book found at Crossley's, and that Crossley gave to Isgar two guineas, with three guineas and a half which he states was given to him before. I will shew you that Isgar left town that morning at four, as Eberno is stated to have done, and that no bail was put in for any person of the name of Eberno. You will also find that Eberno was to be at the King's-head on Monday, and that Crossley writes to Holland, and expresses great uneasiness at not hearing of Isgar's arrival; it will apear that Isgar was not at the King's-head, as Eberno was expected to be, but was prevented, as he says, for want of money; he goes, in fact, to Bath, and from Bath to Monmouth, but not till late on Tuesday the 5th, when he carried the will in question; and Mr. Crossley afterwards had advice from Mr. Clarke of the arrival of Isgar at Monmouth, upon which you will find he sets his mind at rest, which it was not till then, owing to the non-arrival of Eberno at the King's-head on the 4th. He says, "I hope Sir" John Scott will not fail to meet him," (that is, to meet Mr. Eberno at Monmouth; I believe I hardly need call the Attorney-General to prove that he did not meet Mr. Eberno at Monmouth); "that he may at"once dispatch his business; for he is much too apt to"get drunk; the sooner he returns the better; for I"cannot answer for his prudence, if in liquor; and"when any thing pleases or displeases Mr. Eberno, he"is generally drunk on the subject; I am well satisfied"you may trust him, as he will faithfully bring the"money to account;" for you will find that he did bring the money, "so you not fear him on that"head; but a man that gets drunk is not a fit person"for business, and therefore I would have you to act"more cautiously in future; the 50l. you gave him last"is accepted." I shall shew you an entry in Crossley's book, of the receipt of the 50l. on the account of Holland, described to be payable in two months. "I told"him where he was to get the money, and he had it, the"full 50l. Sir John Scott told me to advance him five"guineas more, which I did; you might as well request"the payment of that five guineas, as it is best to keep"no account but what is clear." The conclusion of the letter says, "I hope Mr. Eberno will not be kept an"hour at the King's-head, as I have given him orders to"depart as soon as possible." So that as soon as Isgar had done his business, that is, carried the will, he wished him to get away as fast as possible, and I believe, when you are satisfied that Eberno means Isgar, you will have as little doubt that Sir John Scott means Sir John Briggs, as that Eberno means Isgar. Gentlemen, Isgar gives an account also of a meeting held near Bath. You will find him confirmed in that, first, by positive testimony, that he and Austin did go to such a meeting, and I think, in the beginning of April; you will find at Bath, brought together upon the scene of action, Isgar, Austin, Holland, Sir John Briggs , and Mr. Crossley, the prisoner at the bar you will have Mr. Crossley proved to be at Bath at that time, by a person who asked him how he came there, and he shewed his anxiety that it should not be known that he was there, declaring, that he would not, for 1000l. that it should be known; and I will prove Isgar and Austin going together on horseback to a public-house on the Bristol road, four miles from Bath, and meeting with Sir John Briggs and Mr. Crossley; after that, Mr. Crossley returned to London, and you will probably find that the forgery was there planned, which was afterwards executed at Mr. Crossley's house. Gentlemen, another circumstance will strongly confirm the account given by Isgar; he tells you the way in which he received the 60l. he says, Mr. Crossley gave him change out of it; he says, that Mr. Crossley gave him two Abergavenay bank-notes for five guineas each; I will prove that two such notes were seen in the hands of Isgar at that time; he tells you further, that Mr. Crossley paid him that 10l. by a draft upon his bankers, Morland, Hammersley, and Co. in Pall-mall; I will prove by the clerks of that house, that that draft was received by a man of the name of Isgar, so that in many points his story is confirmed, and in many points that connect him with the prisoner at the bar. Gentlemen, there is, besides that, a letter found in Mr. Crossley's possession, from Clarke, manifesting some intelligence he had received from Mr. Crossley, by means of a person of the name of Vincent, who is referred to in some other of the letters, in which he says, on the 13th of September, 1705, (a letter found at Crossley's, after Holland's house was searched); "I"have received your's, and am sorry Dixon's sample"is found; what a fool must he be to write so many"names as you say he hath done." Now I will prove Dixon to be a name by which Holland was known; and when I produce the draft of the will, with so many names subcribed to it, it is impossible to doubt that this will is a forgery, and that this letter had reference to it. He says, "What a fool must he be to write so many names,"as you say he hath done; you may be certain it is all"his own doing; I have had no letter. - Vincent called"here while I was with you; he said, he should call"again before he went back into the West, and from"him I shall have the whole history." Now, gentlemen, these circumstances confirm very strongly the testimony of this witness, in points directly connected with the prisoner at the bar. - And, Gentlemen, at the time Mr. Crossley was apprehended at his house, in the Adelphi, the first paper that appeared lying upon his desk, was the blank cover of a letter, having the Hereford post-mark upon it; and being of a date referrable to this transaction, it suggested itself instantly, that some light might be thrown upon the transaction by this letter; Mr. Crossley went to his private drawer, but upon being asked respecting that cover, he he denied having any knowledge of the letter from which that cover was torn; he supposed it was something that had been destroyed by some of his clerks; upon opening the private drawer; there were two particular papers, upon which Mr. Crossley made this observation, I suppose this is what you want. - Now you shall hear what that was which Mr. Crossley supposed they wanted; you will find it was the half sheet torn off the cover I have already described to you, and as that will be matter of eye-sight, I shall say but little to you upon the subject; if you place them together, it will appear that the waterlines in the paper correspond, and the water-merk is torn in the middle; you will therefore be convinced, that that is the letter which belonged to that cover; it is a letter from. Hereford, written by Austin to Crossley; the evidence of it, as against Mr. Crossley, is, its being found in his possession, under the circumstances I have stated; it is a letter complaining of the hardships they had suffered in jail, Isgar and Austin being then in jail; upon this charge, Isgar not having at that time made any discovery; it is dated the 29th of September, "I"shall be glad of your answer as soon as possible, to"know what we are to do, &c." (See the Evidence). Now this letter from Austin is found in a private drawer at Crossley's; it is first denied by him, and then he said, this is, I suppose, what you want. This is a very strong circumstance, which seems to have nothing particular in it, except from the story of Isgar; and is a very essential paper to implicate Mr. Crossley in the transaction. Gentlemen, I beg pardon for having taken up so unreasonable a portion of your time; I have endeavoured to point out, as clearly as I could, the circumstances brought home to the prisoner at the bar, by which the evidence of Isgar will be confirmed; and the greater part of those circumstances are by written evidence, proceeding very much from the prisoner himself, or found in his possession; if therefore the evidence of a person, totally discredited as to his own veracity, can meet with belief in a Court of Jutice, and if it cannot, I know no purpose for which the law receives it; the circumstances of confirmation do appear to entitle this evidence to be received at least, with much attention, and well weighed by the Jury. It is not my duty to press it further upon your minds, you will judge for yourselves; assisted by the directions you will receive from the learned Judge on the beneh, whether applying the whole of those circumstances that fairly do apply to the evidence of Isgar, weighing on the one hand the character of the witness, and on the other the material circumstances in which he is confirmed, you will pronounce your judgment whether you believe that evidence or not. Gentlemen, I shall call the evidence on the part of the prosecution, again asking pardon for having trespassed so much upon your time, in the sincere hope that the evidence may not come up to my statement; no man will be better satisfied, if, upon a full and fair examination of all the circumstances, you should feel yourselves authorized (in point of conscience, and with attention to your duty, and the oath you have taken) to acquit the prisoner at the bar, than I shall be; but if you should entertain no rational doubt, and your minds are clearly satisfied(as in a case of this nature you ought to be) of these two propositions - that the will is a forgery, and under the knowledge of the prisoner; then it is a duty you owe the public, to bring to justice the perpetrators of so foul a transaction as this. Evidence for the Prosecutrix. BENJAMIN PRICE sworn. Produces the will. Mr. Fielding. Q. From whom did you receive that? - A. It was read by me, given in evidence in Court, and I was ordered by the Court to take possession of it. Q. From whose hand did you receive it? - A. I believe Lord Kenyon's; I am not certain. Q. Further than from the belief that his Lordship delivered it to you, you don't know from whom you received it? - A. No. Q. You won't affect to be positive that the noble Lord delivered it to you? - A. No; I will not. Mr. Fielding. Q. As to whether that instrument was read in the cause or not, that of course you can only speak to from memory of the supposed contents? - A. I marked it at the time, and have had it ever since. Q. Be so good as to tell my Lord and the Jury the title of the cause? - A. Doe on the demise of Kane and others, against Morgan, Esq. THOMAS STOKES sworn. Examined by Mr. Mils. I am an attorney, at Monmouth; I was acquainted with Mr. Lewis till the day of his death. Q. For what length of time? - A. For about eleven years. Q. During that time, were you employed by him to transact any business; or were you acquainted with his house? - A. For upwards of seven years I was attorney for him in several causes. Q. What was Mr. Lewis? - A. A clergyman. Q. What fortune had he? - A. I believe he had estates, freehold and copyhold, to the amount of 800l. a year. Q. Had he any personal estate? - A. Very trisling. Q. Do you know his habits of life? - A. Yes. Q. What were they; with whom did he associate? - A. With Mrs. Kane and me; at Sidmouth and Monmouth he passed most of his time. Q. Did he live with persons of his rank, or persons of inferior rank? - A. With persons of his own rank. Q. I believe he was a scholar? - A. Yes. Q. How nearly was Mrs. Kane related to him? - A. I believe they called one another cousins; but I don't know whether they were so related. Q. Have you often seen him write? - A. Many times. Q.Have you seen him write his name often? - A. Very often. Q. Look at that signature and say what you believe of it? - A. I have examined it frequently, and my opinion upon my oath is, that it is not Mr. Lewis's hand writing. Q. State any thing you see particular in that hand-writing that makes you think so? - A. It is wrote more formal, not with that degree of freedom and case with which Mr. Lewis generally wrote; from the observation I have made upon it, it appears to me as if some part of the pen had went over after some of the letters were formed. Q. From your knowledge of his hand-writing, and your observation upon that, what is your opinion? - A. That it is not the hand-writing of Mr. Lewis. Q. Did you, in the course of your acquaintance with Mr. Lewis, hear him at any time, and when did you first hear him, speak about his will? - A. In 1789, I was concerned in Iitigating a cause for him about his mother's will; I was in London with him. Mr. Erskine. My Lord, we humbly conceive, that this can be no evidence; it is most truly, most distinctly, and most honourably stated by my learned friend, who has just now opened the case for the prosecution, that it cannot be, unless this will is brought home to the prisoner. My Lord, if we were in a civil cause here between persons, litigating this property, connected with this family, and capable of course from that connexion of applying for evidence to counteract evidence of the description that is now given; I understand the objection was not taken before the noble and learned Lord who tried the cause, but supposing it was taken; if it was admissible there, it is not admissible here: Mr. Crossley stands (a mere stranger to the deceased), charged with a crime, and therefore, if the authenticity of the will is first to be settled or destroyed, and if Mr. Crossley cannot be affected till that authenticity is destroyed, the authenticity ought not to be effected by the evidence now offered before your Lordship; because having no concern with this testator, undoubtedly he has not the opportunity of answering it. Mr. Garrow. My Lord, the evidence, now offered, is, declarations of the testator, of two sorts; with respect to his being testate or intestate, and with respect to his intention, whether he should die without a will or not; and to be sure there are many persons, very honourable persons, have, during their life-time, stated such declarations, that they have made no will, when it has turned out afterwards that they have made one; I speak from my own experience; declarations of this kind are frequently made, when the persons themselves have actually made a will; and therefore I conceive it to be extremely dangerous to admit this upon the first branch of the cause; the question, whether this be or not Mr. Lewis's will, I submit, is not evidence; it is impossible to enlarge upon it, it is a simple question. Mr. Fielding. My Lord, I think I am merely to consider it from the situation in which Mr. Crossley stands; Mr. Crossley, being here in this situation, has a right to object to any part of the testimony, however it may appear to the Court, only to be matter of form or not; he having a right to object to that testimony, so he offers his objections to your Lordship; now, my Lord, a declaration made by this gentleman, he not now being living, there is no posible way in the world in which that declaration, as I conceive, in a criminal cause, could be produced here. My Lord, if he had made that declaration in articulo mortis, it could not have been produced; no situation could have been given to render that declaration available, and indeed it passes as a mere hearsay, not applicable to the case, but only applicable to that first part of the case, which the learned Sergeant has acknowledged he must establish, before he can go to the immediate corpus delecti here, but having a reference by possibility; here the prisoner calls upon your Lordship to pause before you receive it, and before it is received, I take it for granted, that your Lordship would expect from the gentlemen on the other side, to say under what sanction this declaration would be made evidence in a Court of Justice; that it has a bearing upon the first part of the case, which we, as counsel for the prisoner, are bound in duty to take; it appears to me, without troubling your Lordship further, that it is impossible in the nature of things, that any thing that gentleman has said, in the course of his life, under any sanction whatever, could be made evidence in a Court of Justice, in a case where the prisoner is trying for his life. Mr. Justice Rooke. My brother Adair stated, in the opening, very properly, two points to consider, whether it is a forged will or not; and whether it was forged by Mr. Crossley. As to the first, if Mr. Crossley had nothing to do with it, it is of no consequence whether it is a forged will or not; but it is incumbent upon the prosecutor to make out that this is a forged will; I think it is evidence subject for the observation of the Jury; his declarations are, in my opinion, evidences. Mr. Russell. Q. State the declarations you have heard him make respecting a will? - A. I was in London with him in 1789; I was then concerned for him respecting litigating his mother's will; he lodged at Peele's coffee-house, in Fleet-street; and there, in the act of writing a letter, fell down in a sit; I thought it a very proper opportunity to remind him of the unsettled state of his own affairs; he told me then, he had not made a will; he never would make a will; the law should make his will; in the year 1791, I received a letter from a Mrs. Harman, of Bristol, who was the heir at law of Mr. Lewis, and in very distressed circumstances. Court. Do not tell us the contents of that letter. - A. I made an application to Mr. Lewis, to relieve her necessities; this he refused, on account of his own pecuniary embarrassments; saying, that she must wait till he was dead, then she would have all; she being his heir at law. Q. That is the person, I believe, who is now claimant? - A. It is upon the paternal side; he had frequently told me, that she was his heir at law; in the month of October, 1793, I received a letter from a Mr. Jacobs, of Bristol against Mr. Lewis, desiring to have him arrested; Mr. Lewis and I had a little shyness in consequence of it; I thought it my duty to send for him; I informed him of the circumstance of having a writ against him: on the 22d of October he was at my house, for the purpose of putting in bail to that writ; I joined in a bail-bond with him. Court. We don't want all those circumstances. - A. I am coming to it; he then told me that he had never made a will; he never would make a will; and that the law should make his will; this I am positive was on the 22d of October; I don't confine myself to these three times only, he has many times told me so; but I don't fix my memory as to the times. Q. Did you ever hear him make any contrary declarations? - A. Never; they were constant and uniform. Q. When did Mr. Lewis die? - A. The 11th of January, 1795, and was buried on the 16th of the same. Q. How long before any mention was made, or any report made of a will? - A. I heard of a letter being sent to Monmouth the latter end of April. Q. Mrs. Kane lived at Monmouth? - A. Yes. Q. Where did he die? - A. At Mr. Kane's house. Q. I believe you have some papers here? - A. I have. Q. Produce those you had from Mr. Phillips first? - A. All but one, which I had from the officer that searched the house, James Francis Lewis . Q. You had better mark them? - A. These papers I found in Mr. Crossley's house, (ties them together and marks them). Q. When did you go to Mr. Crossley's house? - A. On the 7th day of October last, I went with a search warrant, backed by one of the officers at Bow-street; and a warrant to apprehend Mr. Crossley at the same time; Sayer, an officer, went with me; I found these papers I now hold in my hand, and a cover of a letter, on Mr. Crossley's desk. Court. Q. Did you come upon him by surprise? - A. Yes; he did not resist any thing; I asked Mr. Crossley for the contents of that cover; I saw the Hereford post mark upon it; and that made me so pressing for the contents of it; he made me some kind of an evasive answer, either that they were destroyed, or he knew nothing of them; we then proceeded to our search, and I permitted Mr. Crossley to take his papers out of his private drawer; the key of which he had: and I observed that he kept under his left hand two small papers; and appeared anxious to conceal them; I told him, he must let me have them; and then he gave them to me, saying, I suppose this is what you want; and he then gave me the two papers I now hold in my hand. Court. Q. Did he point to one of them particularly? - A. No; he did not; he gave them me both at the same time. Q. Did you say any thing to him upon the letters appearing to be signed by the name of Clarke? - A. Yes; he told me it was Mr. Clark of Worksop; I then took the papers away; there were some books also. Q. Where did you get those papers from? - A. Millar, the officer, gave them to me; I made him mark them; and they have never been out of my possession; these books have been out of my possession some time: upon Mr. Crossley going to Hereford, he wished to have access to these books; I gave them to Mr. Barrow, the Mayor of Hereford, on the 10th of October; I think that was the day that Mr. Crossley was committed; I did not take the books from Mr. Crossley's house; Sayer, the officer took them; he has marked them, and I marked them also. Court. Q. They were found at Mr. Crossley's, and you have them here? - A. Yes; I received them from Mr. Barrow, in December last; since which they have not been out of my custody. Q. I believe you have the register of Bowden's death, the other witness to the will? - A. I have,(produces it). Q. Have you examined this? - A. I have. Q. Is it an exact copy? - A. It is; from the parish of Bethwick, in the county of Somerset; he was buried the 10th of November, 1794, (the witness produces a copy from the bail-book, of the bail put in for Isgar upon the 1st of May, 1795). Q. Did you search for any bail put in by Isgar? - A. I have searched in the Crown office for the whole of Hilary term, 1795, and Easter; there is no recognizance in the name of Eberno: I made the same search at the Prothonotary's of the Court of Common Pleas; afterwards at the Three Secondaries of the Court of Common Pleas; afterwards at the Four Judges Chambers; the Court of King's Bench; Exchequer office; Lincoln's Ian; I searched through every office, and could find no such thing: this is an office copy of the record of the judgment in the cause of Doe, on the demise of Kane and others, against Morgan, (producing it). Mr. Mills. Q. I believe you were present, or applied to by Isgar, before he was admitted to bail? - A. Yes. Mr. Garrow. You cannot, in this stage, go into that, (produces the attachment upon which the bail was put in). Th Rev. Mr. WILLIAM JENKINS sworn. Examined by Mr. Russell. Q. Where do you live? - A. At Sidmouth, in Devonshire. Q. Were you acquainted with Mr. Henry Lewis of Monmouthshire? - A. I was acquainted with him more than twenty years. Q. Did he spend much of his time at Sidmouth? - A. The latter part of his time; he left Sidmouth a few days before Christmas-day, 1794. Q. How long had he been there at that visit? - A. I suppose he had, to and fro, for two or three months. Q.During that last visit, had you frequent opportunities of seeing and conversing with him? - A. Almost every day. Q. Did it happen that any part of the family of Sir John Briggs were near Sidmouth at that time? - A. Yes; his eldest son was near Sidmouth with the militia, and sometimes at Sidmouth. Q. Had you any conversation with Mr. Lewis upon the subject of the family of the Briggs's, and particularly respecting his will? - A. The conversation I had was, I used to ask Mr Lewis about Sir John Briggs; he said, he knew little or nothing about Sir John, and he should not concern himself about it. Q. Had you any conversation with him about this son? - A. I had; I told Mr. Lewis that Sir John's son would probably be at my house with the other officers of the militia, and asked him to come and spend the evening there; he told me, as Sir John's son was there, he should not come; I said, if he was displeased with Sir John, why with his son; that as he had some property to leave, he said, he should never give any thing, directly or indirectly, to Sir John, or any part of his family. Q. Did you ever hear him say whether he had or not made a will? - A. I never heard him say it. Q. You have frequently seen him write. - A. Yes Q. Have you frequently seen him write his name? - A. Frequently. Q. Be so good as look at that will, and see if you believe that to be the hand-writing of Mr. Lewis? - A. I do not think it is. Q. In what does it appear to you to differ? - A. Mr. Lewis would take his pen from the end of the n, before he made the r; and frequently be a break off between the n and the r. Q.Upon the whole, do you believe that or not to be his hand-writing? - A. I believe it is not his hand-writing. THOMAS PHILLIPS sworn. Q. You were attorney in the cause tried at Hereford, between Mrs. Kane and Mr. Morgan? - A. Yes; for the defendant. Q.Were you at London at the time of the death of Mr. Lewis? - A. Yes; he died at the house of Mrs. Kane. Q. Were you acquainted before that time with Mrs. Kane? - A. Yes; intimately and confidentially. Q. Were you called in upon the death of Mr. Lewis? - A. I was; in consequence of a note that I received, I went to Mrs. Kane's. Q. Did you make any searches when you were there? - A. Yes; I searched the pocket-book of Mr. Lewis, and the other papers brought to me. Court. Q. What day was this? - A. The 11th of January. Q.Upon that search, did you or not find any will of Mr. Lewis? - A. No; I did not. Q.(Hands him a book). Do you know that book? - A. Yes; I saw this book with some other papers sent me from Sidmouth, by Mrs. Jenkins. Q. Do you know the hand-writing? - A. I have very frequently seen Mr. Lewis write, and I believe this is hand-writing. Q.Look at that will, and tell me, whether in your opinion that is the hand-writing of Mr. Lewis? - A. I don't think it is. Q.Do you speak generally, or are there any particular circumstances in the writing that induce you to say so? - A. It appears differently from the signature that I have seen him sign several times. Q. What is the difference between this signature and that you have seen him sign several times? - A. The letters appear to be rough, and not with the same freedom and ease that he was used to write with. Q. By rough, do you mean jagged? - A. Yes. Q. Did you deliver any to Mr. Phillips; and where did you get these papers that you did deliver to Mr. Stokes? - A. I had received a number of papers that I had received from Francis Lewis , and I delivered them to Mr. Stokes exactly in the state in which I had received them. Q.Look at that book, do you know that? - A. A Mr. Robert Williams sent it me with a trunk of Mr. Lewis's papers. Q. Who is he? - A. He was the attorney for Mrs. Kane and Sir John Briggs , in the trial of the ejectment. Q. Do you know the hand-writing in that book? - A. It appears to me to be Mr. Lewis's writing; it was sent to me by Mr. Williams. Q. Do you happen to know whether Mr. Thomas Morgan was in possession of the estate at Treleek house? - A. No, I do not. Q. Do you know who took possession of the estate upon Mr. Lewis's death? - A. Grace Cornish , Mary Williams, Mary Harman , James Williams, and Susannah, his wife; Thomas Webber has since come over from America. Court. Q. He did not take possession at that time? - A. No. Q. Have the tenants attourned? - A. They have made formal attournments. Q. Do you happen to know whether any rent has been paid to the heir at saw? - A. I have sold coppice wood and timber upon this estate, and accounted to the paternal heirs at law for it. Mr. Sergeant Adair. Now, my Lord, I shall state to your Lordship the next head of evidence, which your Lordship has received in many late causes, the authenticity of signatures. Mr. Justice Rooke. As to that kind of evidence, as far as my own practice has gone, it is such slight evidence, that forte persons will say one thing and some another; I have heard witnesses say, that in their opinion a signature must be a forged one; and on the other hand, others have said, that they did not believe it to be a forged one. Mr. Sergeant Adair. I will not press it, my Lord. Mrs. CHARLOTTE STOKES sworn. Examined by Mr. Mills. Q. You were acquainted very well with Mr. Lewis? - A. Yes, for several years. Q.Shortly state if you remember hearing him make any declarations respecting his will? - A. He has frequently declared to me he never intended to make his will; that the law had made his will. Q. How lately before his death? - A. As nearly as I can recollect, about two years ago. Q. Do you recollect in what way he expressed himself; did he speak of his intention to make one? - A. That he had had so much trouble with his mother's, that he never would make one. Right Hon. Lord KENYON sworn. Mr. Sergeant Adoir. Q. Does your Lordship recollect examining the witnesses to the will in question, when it was produced at Hereford assizes? - A. Yes, perfectly well. Q. Will your Lordship have the goodness to state to the Court the account given by one of those witnesses, Austin, with respect to the execution of that will? Mr. Erskine. If I could, in point of form, appeal to the noble and very learned Judge to pronounce upon the competency of the evidence, I should not trouble the Court; because, if my own life was at stake, instead of the gentleman's at the bar, I should be very glad to have that matter decided by the noble Judge who is called upon to give evidence, and I shall only say it does appear to me to be so extraordinary a proposition, that I shall not offer another sentence upon the subject. Mr. Justice Rooke. I should wish my brother Adair to state how it can affect the prisoner. Mr. Sergeant Adair. I conceive that upon the question whether this is or is not a genuine will, the account given of that will by the witnesses who attested the execution of it, is evidence against the prisoner. Mr. Justice Rooke. Where are those witnesses? Mr. Sergeant Adair. Austin is in the indictment. Mr. Justice Rooke. You cannot examine his Lordship certainly to that. Mr. Sergeant Adair. As far as they do go upon the question of its being a genuine will or not, though it has not the least relevancy, and if I had been informed that he had said one single word respecting Mr. Crossley in that examination, I am sure I would not have called the noble and learned Lord. Mr. Justice Rooke. Do the witnesses swear that it is a forged will? Mr. Serjeant Adair. No, my Lord, it is perhaps a little awkward upon the question of admissibility. Mr. Justice Rooke. If Austin was here, and they were both upon trial, I certainly could not resist the evidence; but as it is not so, I certainly must. THOMAS MORGAN , sworn. Examined by Mr. Russell. Q. I believe you were the defendant in the ejectment tried at Hereford? - A. Certainly. Q. At the time that ejectment was brought, were you in possession of the estate for which it was brought? - A. Yes. Q.From whom did you inherit it? - A. I was in possession of it as maternal heir to Mr. Lewis. Sir JOHN SCOTT sworn.(A paper handed to him). Mr. Sergeant Adair. Q. Do you know a person of the name of Eberno? - A. Certainly not. Q. Did you ever give any advice to Mr. Crossley whatever, touching the subject matter of that letter? - A. Certainly not. Q. Have you any knowledge of the facts referred to in it? - A. Certainly not. Q. You had no idea perhaps of going into the West at that time? - A. Certainly not. Mr. Morgan. Cross-examined by Mr. Garrow. Q. You inherited that estate as maternal heir at law? - A. Yes. Q. At what distance did you reside from Mr. Lewis during the latter part of his life? - A. About five miles. Q. Then I take it for granted, as you were to inherit a considerable part of his property, that you frequently visited, and were upon very intimate terms? - A. Not for the last two years of his life. Q.I don't mean to ask any improper question; but was the property, supposing this will to be out of the question, devolving to you, considerable? - A. To the best of my recollection it is worth nearly 200l. a year. Q. Now, though there was no particular intimacy between you for the last two years, did you meet occasionally upon friendly terms? - A. I cannot say we did. Q. Very much the contrary, I believe? - A. Yes; he had taken offence at some part of my conduct, and refused to speak to me when I accosted him. Q. So that if accidentally you met in the street, and had civilly accosted him, he would not notice you? - A. After he had refused me once or twice, I never attempted it. Q. How lately might you have seen him before his death? - A. I cannot speak with any accurate precision; it might be within three or four months to the best of my recollection. Q. Did his resentment continue down to the time of his death, as far you know? - A. We were not upon speaking terms, as I told you, for the last two years of his life time. Q. You know Mrs. Kane? - A. Very well. Q. The mother of Lady Briggs? - A. Yes. Q. Did Mr. Lewis pass a great deal of his time at her house; we have heard that he died there? - A. I cannot say as to that. Court. The last witness said that he did. Mr. Russell. Q. Do you know what proportion the part that you took, as maternal heir, bore to the whole property? - A. In the proportion of 170 to 830. Court. Q. You have not been intimate with him for the last two years of his life; upon what terms were you with him the two years before? - A. Upon very good terms. Q. Were you friendly? - A. Yes; he visited me frequently. ELIZABETH PARRY sworn. Q. Whose servant were you in July 1790? - A. Mr. Henry Lewis 's. Q. Do you remember the receipt of any wages from him in the month of August 1791? - A. I received my wages in the month of August. Q. Do you remember what day in the month of August you received those wages? - A. I cannot say rightly. Q.Early, or the latter end of the month? - A. I believe it was the beginning. Q. Do you know the hand-writing of Mr. Lewis? - A. I partly know it; I have seen a great deal of it. Q. Did he enter what he paid into a book? - A. Yes; he generally did at the moment. Q. Do you remember whether he did that in this month of August? - A. I cannot rightly recollect it. Q. Look at that book; is that his hand-writing? - A. I think that is his hand-writing. (An entry of August 10, 1791, paid Elizabeth Parry 19s). Q.Where did you live at that time? - A. At a place called Hygga, six or seven miles from Monmouth. Mr. Sergeant Adair. We mean to shew, from repeated entries, from the 5th of August to the 12th, that he was at Hygga all that time. Mr. Erstine. We have no objection to its being so taken, without examining further to it. JOHN EDWARDS sworn. Examined by Mr. Mills. Q. Where do you live? - A. I live near Bath; I lived there in 1791. Q. Do you know William Austin? - A. Yes. Q. Should you know him if you were to see him? - A. Yes. Q. What is he? - A. A carpenter and a builder. Q. Have you ever been at his house? - A. No. Q. Do you know any thing particularly about his way of life; whether he was in a low way of life or not? - A. I believe he is poor enough now. Q. Did you know any thing of him in 1791? - A. I did not know any thing of his circumstances, only that he kept on building. Mr. Garrow. Q. He was a builder, and when the Bath bank failed he failed? - A. I don't think the Bath bank hurt him much. Mr. Mills. Q. Do you know Isgar? - A. Yes. Q. Do you remember his going from Bath to Monmouth with you? - A. On Tuesday the 5th of May, 1795. Q. What time did you get to Monmouth? - A. Between eleven and twelve; we staid there till eight o'clock the next morning. Q. Did you see any body in company with Isgar at the King's-head? - A. I saw only one lady; and I don't know who she was. Q. At what time was it? - A. After supper, about eleven o'clock. Q. Was she present while you were together in the room? - A. Yes. Q. Did you see Isgar deliver any paper to the woman? - A. No. Q. Did any thing pass between them? Mr. Erskine. The conversation with Isgar, with respect to that instrument after its publication, cannot be evidence. Q. You went away at eight next morning, and saw no body with Isgar but that lady; did you see any thing in his possession? - A. Nothing but a letter, directed to Mrs. Kane. Q. You remember seeing a paper, on which there was a direction to Mrs. Kane? - A. Yes. Q.You only saw it in his hand? - A. I never had it in my hand. Q.(A paper shewn him.) Look at that, have you ever seen that before? - A. That is not what I saw. Q.(Another paper shewn him.) - A. I believe this is the same. Q.You believe that is the paper you saw in Isgar's hand? - A. I believe it is. Mr. Garrow. Q. You saw it in his hand; that is all the opportunity you had of seeing it? - A. Yes; the first time I saw it in his hand was at Hygga. Q. Had you seen it more than once? - A. No. Q. When did you see it at Hygga? - A. Ten o'clock at night; that is the place before we came to Monmouth. GEORGE GRIFFIN sworn. Q. Do you know William Austin ? - A. Yes. Q. How long have you known Austin? - A. About thirty years. Q.For the last part of his life, what business was he in? - A. In the building way. Q. Did he live at Bath? - A. Yes. Q. What fort of a house did he keep? - A. A very bad house. Q. Did you know Bowden? - A. Yes. Q. What was he? - A. A builder likewise; I knew him to the day of his death. Q. What occupation was he in before his death? - A. A builder; I never heard any thing against his character. Q. Did Isgar live at Bath? - A. Yes; he undertook a little small business in the Country Court; he acted as an attorney. Q. Did you ever see Austin write? - A. Yes; I have some of his writing in my pocket. Q. Look at that, (shewing him a paper); do you believe that to be his hand-writing? - A. Yes; I will swear that is his name; (another paper shewn him,) that likewise has the appearance of his handwriting. Cross-examined by Mr. Erskine. Q. You are very snort upon the subject of Isgar; do not you know him? - A. I know him perfectly well; I don't know as to his business. Q. A good many lines he has been in; you knew him as a baker? - A. No; that was before I came to Bath. Q. Perhaps he was a banker before you came? - A. I don't know that. Q. You knew him as clerk to an attorney? - A. I know that he wrote letters to different people for money, and threatened them with law. Q. Did you know him when he was an auctioneer? - A. No. Q. Did you ever know a worse fellow in your life? - A. I heard he bore a bad character, and I believed it. Q. Did you ever know a man of a more infamous character? - A. That was his general character. THOMAS WEAVER (the younger) sworn. Q. Do you know Sir John Briggs ? - A. Yes. Q. Do you know Richard Holland ? - A. I have seen him several times. Q. Do you know James Morgan ? - A. Yes. Q. Where does James Morgan live? - A. At Norton, in the parish of Skenfreth. Q.How far that from Monmouth? - A. About six or seven miles. Q.Do you remember the funeral of Mr. Henry Lawn ? - A. I have heard of it. Q. Did you see Mr. Holland and Sir John Briggs at the house of Mr. Morgan? - A. On the night before, as Sir John said he was going to the funeral as chief mourner. Q. On that evening, who were at Mr. Morgan's? - A. My father for one, and one Michael Jones, and one Crump, I don't know what his name is besides Crump. Q. Was Sir John Briggs there at first, or did he come in after the others? - A. He came in after we were there; Mr. Morgan asked me to stop, as he expected Sir John. Q. When Sir John came in, what was the conversation that passed; you have said, he said was going to the funeral as chief mourner of Mr. Lewis? - A. Yes; when Sir John came in, be was in a violent passion, cursed and swore, and said, through the faults of Madam Kane, and his sister-in-law, he had lost a fortune of upwards of 2000l. Q. Who was his sister-in-law? - A. He married a daughter of Madam Kane's. Q. Did he state what the fault of Madam Kane was? - A. He said, if they had only spoken to Mr. Lewis to have made a will, he would have one it; but, said he, had I been at Mrs. Kanes, I would have made him make a will, and then I would have choaked him; Mr. Holland said, it was not too late yet to make a will, Mr. Holland asked Sir John, had he any of his writings by him; he said, he had letters of Mr. Lewis's, and that he could forge his hand to a nicety, or any other man's he had been used to; Sir John said, Madam Kane was very silly woman to deliver up the key and writings to Mr. Thomas Phillips , for Mr. Philips had the care of them: Sir John, or Mr. Holland, I don't know rightly which, said, if it had not been for that, he could have put a will among the writings; that was now put an end to. Q. Was any thing else said? - A. No, nothing at all. Q. Did you and your father go home before the company separated? - A. We went home, and left Mr. Holland and Sir John, at Mr. Morgan's-house. Q. What are you? - A. I live with my father, my father is a farmer in Herefordshire, about seven or eight miles from Monmouth. Cross-examined by Mr. Erskine. Q. This hapened at Mr. Morgan's? - A. Yes. Q. What is Mr. Morgan? - A. A farmer, a freeholder. Q. There were a good many people present besides those you have mentioned? - A. No; this was in the parlour, the other people were in the kitchen. Q. It was very cold weather? - A. I don't recollect. Q. Don't you recollect what weather it was the the 15th of last January? - A. No. Q. You kept yourselves warm? - A. We were sitting by the fire in the parlour; Crump was not there nor Jones. Q. You did not know much of Sir John Briggs ? - A. No; my father had dealings with him. Q. Not very extensive dealings? - A. He owed him nine or ten pounds at a time. Q. Your father is a very honest man? - A. I believe so. Q. He is not that fort of man that would take a share in such a scandalous thing as forging a will? - A. No. Q. I suppose you would not? - A. No. Q. How long might all this conversation last? - A. I cannot tell the hour, they left it about two o'clock in the morning. Q. How long did this conversation last? - A. It was most part of the discourse that night. Q. Sir John was in a violent passion the whole of the time? - A. He came at in a passion. Q. Did he get rid of his passion? - A. He was more quiet after. Q. Was Mr. Holland in a passion to? - A. No. Q. So Mr. Holland said it was not too late yet to make a will, and asked Sir John if he and any writings of Mr. Lewis's? - A. Yes. Q. And Sir John answered, he could forge his hand to a nicety, and any other man's hand he had been used to? - A. Yes. Q. All this was said in your prefence? - A. All in my presence. Q. Soon after you came into the room? - A. I cannot say how soon. THOMAS WEAVER (the elder) sworn. Examined by Mr. Mills Q. Were you at Mr. Morgan's house when Sir John Briggs came in the day before the funeral of Mr. Lewis? - A. Yes. Q. Who was with you? - A. My son and Mr. Holland; we went into the parlour. Q. Was Sir John there when you first came into the room? - A. Sir John was not come when I went into the kitchen; Mr. Morgan said, don't go away yet, I expect the Baronet presently, he is gone in search of Mr. Lewis's will, I hope he will bring good news with him; soon after he came in, and Mr. Morgan asked what news, he looked very down, and said, he could not find a will; we went into the parlour and stopped till two or three in the morning. Q. Did you hear Sir John say any thing more about the will? - A. Mr. Morgan asked him if he had met with any intelligence of the will; he said, no, he blamed Madam Kane, and said, through her conduct he had lost 2000l. or upwards; I said, sure, was it so much; he said, at least that; he said Mr. Phillips came up from, Monmouth to give us the possession of the effects; I refused it, he said, had he been there, he would have had a will, or would have choaked him. Mr. Holland said it was not too late to have a will; Mr. Holland said, if you had a will, how would you do as to signing it; Mr. Holland said he would trust no man to sign it, he would do it all himself; Mr. Holland tapped me on the shoulder, and said, I will run the risk of my neck for Sir John; and Sir John, and Mr. Morgan, and Mr. Holland, went all three out of the parlour together, and left my son and I in the parlour; they stopped out some little time, it might be from five to ten minutes for what I recollect; Mr. Holland then returned in by himself; he desired me to be absent; in a few minutes in came Sir John and Mr. Morgan. Q. Did you go out? - A. I did not at that time; when they came in, as is always a custom, in Mr. Morgan's house, he said, Weaver, clear the board, and then be going home; I said to my son, it is time for us to be going; I looked for my hat, and felt for some silver, I had none, Sir John gave me a thilling, I went out and gave the shilling to the girl and went home. Q. After this, did you see Sir John before the will was produced? - A. No. Q. Do you remember at any time seeing a man of the name of Vincent? - A. I saw him several times, particularly one morning after the affizes at Heretord. Q.Have you ever seen him at Mr. Holland's house? - A. I had never been at Mr. Holland's house when Vincent was there, till that day, after the affizes. Q. Was he in the family? - A. Yes; I took him to be a part of the family. Q. He was at the trial? - A. Yes. Q. Have you seen him in the neighbourhood? - A. Yes, several times. Q. Do you know any thing he did there? - A. He bought and sold horses. Q. Did he buy and sell any thing else? - A. Not that I know of. Q. Do you know Mr. Holland's hand-writing? Yes; I have seen him write. Q.Were you present when Mr. Holland's house was searched? - A. Yes. Q.Who was present with you? - A. Francis Lewis , the sheriss's-officer. Q.Did you see any papers that were found there? - A. I did. Q.Should you know them again? - A. Yes; I read every letter of them; Mr. Lewis searched the drawers, and every letter he found, he handed over to me, and I read it, and carried off every thing I thought of consequence, (a paper shewn him). Q. Do you remember that? - A. I recollect it very well; I wrote my name upon it with a pencil; Mr. Lewis took the papers away with him. Cross-examined by Mr. Garrow. Q. You have had occassion to repeat this story several times in public and in private? - A. Yes. Q. And always in the same way? - A. As near as I recollect; I might not recollect every transaction of the night. Q. Was the fire lit in the parlour before you went in, or after? - A. I believe, before we went in. Q. It was very cold at that time? - A. Very cold. Q. It is a remarkable expression you have used-Mr. Holland tapped you on the shoulder and said, I will run the risk of my neck for Sir John? - A. Yes. Q. You are quite as certain of that as any other part of the conversation? - A. Yes. Q. It was a remarkable part of the conversation? - A. Yes. Q. You were examined at the affizes of Hereford? - A. Yes. Q. You did not say a syllable of this at that time? - A. I believe, I did not recollect it at that time. Q. You certainly did not state it at that time? - A. No. Q. Was Mr. Holland there at that time? - A. I did not see him. Q. You don't happen to know whether he was there or not? - A. I believe, he was ill at that time. Q. You did not state it at Hereford? - A. I might forget a great many expressions. Q. Sir John was very much cast down? - A. He seemed to be low, when he came in, his spirits recoverted, and he damned, and swore pretty well. Q. He complained he had had a fruitless journey? - A. I think he said he had been at the Star in search of the will, between the passage and Hereford. Q.Whether you or your son recollect the cir-cumstance of Mr. Holland saying he would run the risk of his life for Sir John? - A. I told my son to recollect as near as he could every passage that happened that night. Q. When was that; since you came to town, of before? - A. Before. Q. Before the Hereford affizes, or after? - A. Before the affizes. Q.Your son Tom told you what he had recollected? - A. He shewed it me, he had put it down upon paper; after Mr. Phillips had been at our house, he wrote down his recollections upon paper, and I did the same as near as I could. Q. Before the affizes? - A. Yes. Q. Have you taken the trouble to write down since, any thing that you have recollected? - A. Yes; before I came to London. Q. Have you brought it with you? - A. Yes. Q. When was it this circumstance of Mr. Holland's tapping you on the shoulder, and telling you he would run the risk of his neck for Sir John, first struck you? - A. I made a memorandum of it before the affizes; but I had forgot it. Q. Was it in your son's memorandum? - A. I cannot say, I believe he did not recollect it, when of course we compared papers together. Q. Sir John had no shyness about this at all; he spoke of it as you and I should about buying beasts at the market? - A. It was publicly enough. Q. Mr. Holland asked, how would you manage respecting the signing of it; and then Mr. Holland said, I would trust nobody to sign it but myself? - A. Yes. Q. You are sure Sir John made no answer to it? - A. I am positive he did not; there was nobody present in the parlour when he tapped me upon the shoulder, but my son and myself; Mr. Morgan was gone out. Q. Sir John was not in the room? - A. No. Q. But I am speaking as to the time that he tapped you upon the shoulder? - A. He was in the room then. Q. And nobody answered the question? - A. No; he put the question and answered it himself; he said, I would not trust any body; I would do the will myself. Q. At this time Mr. Holland and Sir John and your son were all present? - A. Just so, and Mr. Morgan. Q. You were attentive to the question he put to Sir John? - A. Yes. Q. And therefore, if Sir John had made an answer, you are sure you must have heard it? - A. I am positively sure he made no answer. JAMES WILLIAMS sworn. Examined by Mr. Russell. Q. Did you find any thing upon Austin? - A. Yes. Q. Have you got it with you? - A. I have, (produces a note for 100l). WEAVER (the younger) called again. Q. Look at that, do you believe that to be Mr. Holland's hand-writing? - A. Yes, I do. Q.(To Williams). Did you at any time search Austin? - A. Yes; I went with another, to take Isgar and Austin; I brought him before the Magistrate that evening, and he was sent to prison for further examination; when committed for trial, I went to the prison, and was present when the turnkey searched him. Q. Was that paper you shewed to Weaver just now, found upon Mr. Austin? - A. Yes; it was pinned within side the lining of his hat. WILLIAM BARROW sworn. Examined by Mr. Sergeant Adair. Q. I believe you were Mayor of Hereford? - A. I acted as Mayor. Q. Did you take any examination from any person respecting this business, from a person of the name of Isgar? - A. Yes. Q. Have you got that examination? - A. I have. (produces it). Q. Have you figned your name to it? - A. I have. Q. Were you present when that examination, whatever it contains, was taken? - A. I was present. Q. Did Isgar give that account of himself freely or voluntarily, or were threats made use of? - A. As free as man could possibly do; he gave his evidence very free. Q. Did you at any time receive any books; if you did, tell us from whom you received them, and to whom you delivered them again? - A. This book I received from Mr. Stokes. Q. Did you return them in the condition in which you received them? - A. I did; I put a private mark upon them. Cross-examined by Mr. Erskine. Q. This examination, taken by you, of Isgar, was taken without threats or promise of any kind? - A. Yes. Q. And, I take it, in a matter of this moment, it was taken with deliberation, and read over to the man? - A. Yes, deliberately; and read over to him. Q. So that he knew of course the contents? - A. Yes. Q. And might have made any alteration in it if it was not consistent with what he pleased to declare? - A. Just so; that is quite a fact; for that part that is erased, he objected against. Q. And if he had made any other objections, of course, any other parts would have been also erased? - A. Yes; the examination was taken previous to the trial. JACOB ISGAR sworn on the voire dire. Mr. Erskine. (To Stokes). Q. This is the man who proved the will at the affizes? - A. Yes. Mr. Erskine. (To Isgar). Q. You heard just now, what was mentioned by Mr. Stokes here, which you can confirm; I take it for granted that you are the person who proved the will, as one of the witnesses to it, at the affizes at Hereford? - A. Yes; I did. Q. We have also had the Magistrate here, Mr. Barrow, who delivered this into Court as your voluntary declaration upon oath? - A. It is so. Q. He tells us further, that it was read over to you, and that that erasure was made at your request, not containing that matter you could swear to; and that all the rest was deliberately sworn to, by you, after you had heard and read the contents; is that true, sir? - A. It is. Q.Take it into your hand; that information which you have in your hand, you know, of course, as you have reason to know, and to recollect, the contents of that information you have sworn to? Mr. Sergeant Adair. This is a cross-examination before he is sworn in chief. Mr. Erskine. My Lord, I certainly could, if I chose, read the whole of it: you have, in that information, contradicted directly, the oath you made at the affizes? - A. Yes; I believe I have. Mr. Erskine. Now, then, you will withdraw.(The witness goes out of Court.) Mr. Erskine. My Lord, the objection I am about to make is, to the competency of this witness; and, my Lord, I make that objection after very long deliberation, and after much discussion of the subject. Your Lordship may depend upon it, that in what I now say, I am strictly addressing myself to the Court; I could indeed give your Lordship my honour, if it were necessary, that I rise simply to address the Court upon that point of law, and not by a side wind to depreciate the witness in the understanding of the Jury. My Lord, the objection that I take to Isgar is this, that the whole foundation of the credit which is due to any witness in Court, as Mr. Sergeant Adair has well expressed it, is, that he speaks under the solemnity of an oath; your Lordship can hear nothing from any man under any other fanction. My Lord, I admit, if any credit whatever can be given to his oath in a Court of Justice, he must be examined, however blassed his character may be, however he may be a witness totally unworthy to stand in a Court of Justice, however in the opinions of all who receive his evidence, and are to deside upon it, he may he perjured; upon subjects collateral to the subject in question, I would not waste your Lordship's time upon the objection; because, however infamous a man may be, however it may be his ordinary habit to impose no rules of veracity upon himself, he is still a witness; and upon this plain ground, that a man, however wicked, is not always wicked; he has not always temptations to wickedness; and although a man may have forsworn himself a thousand and a thousand times, unless the mark is set upon him, by a judgment of perjury, he shall be received as a witness, because his oath may have some value in the particular instance in which he is to be sworn; because his oath has never been opposed by his oath in the particular instance; and it is impossible for the Judge to say, that the man is not entitled, perhaps in the opinion of the Jury, to some scintilla of credit upon which other testimony may be built. But, my Lord, the objection which I take to the witness is this, that he is called up here, or he is called up for no thing; to say that that will to which he has given authenticity upon his oath before the learned and noble ludge, who sat here some time ago, at Hereford, which he swore he saw executed in the presence of the deceased Henry Lewis , and in the presence of the witnesses Austin, himself, and Bowden now deceased, is no will of Henry Lewis ; that he did not see him execute it; that it was not signed in his presence, or in the presence of the witnesses. Now, my Lord, the first matter I have to ask your Lordship is this, and by the answer I receive to that proposition, let my objection stand or fall, are these two propositions collateral to one another, or are they not? - If they are not absolutely inconsident, and abselutely and directly repugnant to one another, my objection falls undoubtedly as it ought. Suppose I had asked him-did you not, at the affizes at Hereford, swear you saw a man on Thursday: and after that, swore you did not see the same man on Thursday? in matter, collateral to the subject, it might have been said, and truly, to destroy all credit due to this man; because, how can the Jury take the oath of a man who has acknowledged in public Court, that he has forsworn himself? yet, peradventure, the man who has forsworn himself upon these different occasions, may not have the same temptation to commit a perjury in the instance before the Court; and therefore it is for the Jury to weigh, in point of credit, and not for your Lordships, in point of competency, to repel the oath of a witness standing under such derestable and abhorrent circumstances; but, my Lord, that is not this case. This case is-that the man having sworn two ways, first that it is the will, and then that it is not, offers, by his oath, to give one of those propositions a preponderance over the other, so as to build something in addition to that oath, by telling your Lordship that this will is not the will of Henry Lewis . Now, my Lord, the question is, whether any credit can be given to that? any credit-my Lord, I should ask what credit? if a man has sworn to two propositions diamettically repugnant and contradictory of one another, which involves him, upon his own confession, not only in a perjury, but a perjury in the direct instance before the Court; how is it possible? I speak to reasonable men, and I speak in point of competency, not in point of credit, that if the competency of a witness is to depend upon any authenticity that he can give to a transaction upon his oath, if his oath is divided between these two propofitions, and has equally belonged to both of them, how is it possible to give him any credit. Now, my Lord, in order to try this case; and I observe your Lordship turning to some authority, which is natural enough. My Lord, no man feels more reverence than I do for the collective wisdom of ages, which constitutes the law of this country; no man bows more implicitly than I do to the authority of precedents, which, undoubredly, build up, and cement the fabric of our laws and constitution; and wherever I find a precedent, although the inclination of my judgment is strongly drawn against the foundation upon which that precedent is built; I bow to the precedent, unless I find it in the situation of those precedents, if any such there are, that are diametrically repugnant to the principles of jurisprudence everywhere, and aspecially to the principles of justice as immecmorially acted upon in this country, My Lord, it is a maxim which cannot he broken in upon, that it is only the sanction of the oath that consers the competency upon the individual; if a man knows nothing of the Supreme Being, the internal appeal to whom constitutes the fanction of an oath, he cannot be sworn at all; he may, if he is of another religion, because, in whatever view the mind of man has the impression of the Divinity stamped upon it; it is supposed that person speaks under the insluence of the education he may have received; but what is the case here? the man has sworn that it is the will, and he has sworn that it is not. Now, my Lord, I mean to give Isgar something that does not belong to him, in order to try this case; I will suppose he is no accomplice, and was now to be examined, and was to swear, that upon some given day, the 26th or 27th of April (no matter what day) this forgery was committed by Mr. Crossley, and the case so closes, could your Lordship leave it to the Jury? would there be any thing to leave to the Jury, with no other circumstances added to it? and we shall come to see whether when a thing is nothing, any thing added to it can make it something; good God! is it possible for any man, whose reason is not disordered, to say, that when a man has sworn the will was a true will, and the same man has sworn the same will was not a true will, that your Lordship upon his single unsupported evidence could desire the Jury to guess at which of his oaths is the true one, and to put the man's life in jeopardy, by even stating it to be evidence to go to the Jury. Now I am either wrong in this, or I am right, and I desire to have the opinion of your Lordships upon this, whether the man, blasted as he is, if that could be removed from him, so that your Lordship might, when the man is examined, put the cause upon his evidence, aye or no; could the Judges of England state that a man who had sworn two propositions staring one another in the face, upon which you have nothing to do but to arraign him according to the law of England, upon his own oath, without any extrinsic evidence, laying hold of him-as such a miscreant ought to be laid hold of, what could he avow, but that one of the two propositions was uttered by mistake; but here, the man admits that he signed the oath with deliberation, and was subject to no mistake; that he took the second oath also with deliberation; and that the one is true and the other salse, would your Lordship's leave it as a matter of evidence, which of the two are true, upon the evidence of a man who alone is to tell you, which is true, the very same man who has shewn himself to be entitled to no credit whatever, when he has sworn to these two repuguant propositions? Now, my Lord, let us see whether what I have now stated is broken in upon by any of the rules and principles of law. My lord, I hold in my hand the observation made by my learned friend; Mr. Sergeant Adair, upon the law concerning accomplices; and I agree with him, it has been lucidly and properly stated; and I know that the favour and tenderness shewn to human life in this country, so remarkable for its justice, has frequently led to a delicacy upon the subject of accomplices, that I never felt, whether an accomplice shall be examined first or after he is corroborated; I think he ought to be examined first, for the best of all possible reasons, because he is a competent witness, though the humanity of the law is such (but I am not addressing you upon urbanity) that it is only from tenderness, that after an accomplice is admitted, the Court will not build any thing upon his testimony, unless he is confirmed, because of the great danger there would be of admitting such a man as a witness; but I do say, that though he is a worthless witness, and though undoubtedly he deserves what Mr. Sergeant Adair stated of him, and which I shall not repeat, yet still his evidence must go to the Jury, because he has not, by swearing both ways, destroyed, by his own conduct, the foundation of all credit due to his testimony, which foundation is alone the fanction of an oath. Now, my Lord, I come to the last point, and I do confess, I think, and, my Lord, I have thought of it a great deal, that it is impossible for a greater fallacy to be imposed upon the human understanding than this. This man is a worthless incredible witness, and taken by himself, my learned friend says, he is of no value at all; he does not put it of small comparative value with other witnesses, but he states boldly that he is of no value at all; but he says, though it may be true that his oath cannot receive any fanction from a Court, yet that there may be circumstances arising from Mr. Crossley's own act accumulating upon one another, which may fasten the crime upon Mr. Crossley, I agree to it; and though, undoubtedly, I should do my duty to the utmost to the prisoner, yet, most undoubredly, if I saw such transactions belonging to him, I should say, he must suffer the law upon that evidence; but the question is, whether by taking Isgar's evidence as the foundation, and taking it as nothing, you can erect it into something, by surrounding it with other matters, which, as far as they throw light upon one another, do, I admit, constitute a body of evidence which may, peradventure, in this case, be sufficient for conviction; but I would humbly ask your Lordship, (I speak earnestly, my Lord, because I speak feelingly,) how can that confirm the evidence of that man, which was before stated as nothing; and how can that nothing be converted into something, by the addition of other materials by which that nothing is to be supported? My Lord, I know there is no other way to support moral truths, but by turning back to that which is the foundation of all certainty, I mean the calculations of matter; the calculations of matter, and the truths belonging to them, must be the foundation of all your reasonings in the world; then I would add this: I want to make up a sum, and for forms sake I begin with nothing but a nought; I put down that nought, and then I am to make up a sum by the progression of numbers, by a great number of units, which will amount to a particular sum in the calculation, be it so; those different units may be sufficient to answer the purpose of the calculator, and may answer the purpose of material demonstration for which they are produced; but will the adding them together, or multiplying them together, erect a nothing into something; and will you make that progression of numbers different, when added to that which was before nothing, and make them tell differently in any quotient, because there is that before it, which it is admitted, by itself, is nothing; but which having lost its nothingness. acquired a local habitation, and a name? My Lord, I can only say, my mind revolts at such a propossion, and I shall think I am getting into a second childhood, when I find my mind stagger from the contrary proposition. Then, to bring your Lordship back again, added to this, you have the man as an accomplice, I have been trying him as not being an accomplice; and the reason why I have tried him as not being an accomplice is, because it entitles me to give your Lordship a view of the subject, that I could not have given you if he were an accomplice; because, if he were not an accomplice, your Lordship would be driven, perhaps, in the coarse of the cause, to come to this very principle, that after the man had finished his evidence, and the case was finished, your Lordship would be driven to say to the Jury, that it was matter for them to deliberate which of the two contrary propositions is the true one; and which none but he can divulge, by only the same oath which had been given equally first to the one and then to the other; why, then the only answer is this, if a man swears to two propositions, the oue extremely improbable, the other very much probable: that the one has nothing to give credibility to it, that the other is confirmed by every thing that confers credibility, would you not then admit it? - yes, certainly; but not that the witness shall add any thing to it, upon his oath; I can examine the proposition as it is an intrinsic proposition; I can examine all the probabilities by which that intrinsic proposition is supported upon the one hand, and by which the improbability is made stronger upon the other; and when I have done that, I have sufficient, by the rules of criminal law, to direct a Jury, upon all those circumstances together, to find a man guilty of forgery; I should do it with a calm spirit, and with a consciousness that I was performing my duty to the country; but what I dread and tremble at is, - that upon your Lordship's judgment, which I should be sorry to hear pronounced, that man, as he has described himself, is to be set up here, and is to lay a foundation, and that the Jury are to suppose, under your Lordship's judgment, as they must undoubtedly, if your Lordship sets him up as a witness; it is telling the Jury some credit is due to him; it is leaving it to them undoubtedly; but it is allowing him some credit; when, I contend, not a scintilla of credit is due to him; and which it is admitted at the very moment it is received, to be in fact good for nothing. I confess, it does make a strong impression upon my mind; it appears to me, to be making use of evidence of no value at all for that is my proposition); and after you have got it, then you build other things upon it, by taking a foundation which is, in fact, no foundation at all; and if the man is ultimately convicted, it will not be upon the circumstances themselves to which credit is due, coupled together, but upon these circumstances built upon that which in the opening is admitted literally to be nothing. I beg your Lordship's pardon, for having detained the Court so long; I feel this objection strongly, and I therefore have expressed it strongly. The objection to laizar's competency was supported also by Mr. Garrow and Mr. Fielding; when Mr. Sergeant Adair rose to answer them. Mr. Justice Rooke. Brother Adair, you need not trou ble yourself; I have paid great attention to Mr. Erskine and Mr. Garrow, as I always do; they are very able men, but they have not brought conviction to my mind; and it is a singular stage in which they have taken the objection, after having sworn the man upon the voire dire, because he has perjured himself in the very fact in question before the Court; that the man has sworn contrary ways before, there can be, I presume, no doubt; I know nothing but from the opening on the one side, and the statement on the other; I will suppose this man has sworn to facts directly contrary one to the other, but he is brought here now, not with any conviction upon his head, he is brought here as a person who labours under very great suspicions; but he has not been convicted of the crime of perjury. Now, it is admitted in the course of this argument, that, if this man had been convicted of the crime of perjury, and pardoned, or if he had been pardoned without any conviction, his evidence might have been received; if that be so, I cannot point out to myself any ground upon which that man, who, if he was pardoned, might be received as a witness, should not be an admissible evidence, when not having been convicted, no pardon can be necessary. I do not now chuse to say a word about the credit that I think may be due to him; - not a word about what the Jury ought to think of the witness; here after we shall hear what he says, and how he is corroborated; but, in my opinion, in strict point of law, this witness is admissible. JACOB ISGAR called in again. Examined by Mr. Sergeant Adair. Q. Do you know Richard Holland ? - A. Yes. Q. Do you remember his being in London at any time about the month of February, 1795; this time twelvemont? - A. Yes. Q. Do you recollect about what time in the month it was? - A. I believe about the 17th. Q. Did you see Richard Holland in London at that time? - A. Yes. Q. Upon what occasion did you see him, and in company with whom? - A. I saw him in company with one Mr. Clark an attorney; I believe his name is Mr. William Clark. Q. Where did you see them in company together? - A. At the Cock, at Temple-bar. Q. What was the subject at that time; had it any relation to the subject matter that the Court is now upon? - A. No; not then; the business was this-the Court was moved against me in the Common Pleas. Q. You must not tell us that, it is not material; while you were there did any thing pass relative to the subject matter of this enquiry, relative to any will of the Rev. Mr. Lewis? - A. No; not on the part of Mr. Holland; Mr. Clark asked me, if I made wills. Q. Where did you live in the month of March last? - A. In the parish of Lincoln and Whitcomb. Q. Did you live at Bath? - A. In the suburbs, not in the city. Q.Whereabouts? - A. In Timber's-court. Q. The other side of the old bridge, at Bath? - A. Yes. Q. Do you remember Richard Holland coming at any time to your house, in the month of March? - A. Several times in March and April. Q. Upon what business did he come to your house? - A. Respecting making a will for Mr. Lewis, who had been dead some time past. Q. Did he at that time produce any paper to you? - A. Yes. Q. Do you know what bacame of that paper afterwards; or did he request you to do any thing? - A. He requested me to copy it upon a paper, which paper I copied. Q. In your own hand-writing? - A. I did. Q. Did you copy it upon paper in your own house; or who brought the paper upon which you wrote the copy? - A. The paper was brought by Mr. Holland; and Mr. Lewis's name put thereunto. Q. Was the name of Lewis to it when Mr. Holland brought it to you? - A. Yes. Q. Did Mr. Holland say any thing to you with respect to that paper which he brought? - A. He said, the paper that he brought he took care that it was old enough; that it should not be found out that way. Q. Upon that paper he so brought, you copied something? - A. Yes. Q. Should you know the copy again if you saw it? - A. Yes, I should, (the will shewn him); I know it very well; I wrote it. Q. Are you sure that is the paper that you wrote at that time? - A. This is the paper that was brought to me; and I sent it to the Abergavenny Post-office or Monmouth; I have written letters to both places; I am not sure which. Q. Do you recollect how it was directed, or do you not? - A. I believe it was directed for Peter James; to be left at the Post-office till called for. Q. When you sent it, was the name of Henry Lewis written upon it once or oftener? - A. No more than once. Q. However they have come there has been since? - A. Yes, Q.That is the paper, and it is in your handwriting? - A. It is. Q. Do you know Sir John Briggs ? - A. Yes. Q. Did you at any time, and when, see him at Bath? - A. I saw him several times. Q. About what time of the year? - A. I believe the first time I saw him that that will was not then drawn, though he asked me for it. Q. Do you recollect upon what subject did Sir John Briggs call upon you? - A. He called upon me when he received that will; he said, this will not do; Mr. Lewis was a very particular man, and therefore we must get a better one; do you know one George Crossley. Q.Throughout your evidence you must not tell us any thing about Mr. Crossley, except what passed when Mr. Crossley himself was present; do not tell us what any body said about Mr. Crossley, except when he was present, or you communicated to him afterwards; what did Sir John apply to you about, excepting every thing that relates to Mr. Crossley? - A. He said, that would not do. Q. He had not the will with him at the time? - A. Not to my knowledge. Q. You had seen him before that? - A. Yes. Q.After you had sent this will, you saw Sir John Briggs, and he said, the will you sent would not do; had you sent any other will than that at that time? - A. I had not. Q. Did he tell you why it would not do? - A. He said, Mr. Lewis was a very particular man, and therefore, that will would not do; we must get a better; he would have a little alteration. Q. Do you remember, at any time, Sir John Briggs having that will any of the times that he came to you? - A. I never saw him with it. Q. Do you remember Holland coming to you after you had seen Sir John Briggs? - A. I saw Holland in London afterwards. Q. Do you recollect whether you saw Mr. Holland at any time after you sent that will to Bath? - A. I did. Q. Upon what occasion did you see Mr. Holland there? - A. He told me there was a person wished to see me there; I went and it was Mr. Crossley. Q. What time was that when you went and saw Mr. Crossley? - A. I do not remember the day of the month in particular, it was about the 10th or 11th of April, perhaps. Q. How long have you known Mr. Crossley? - A. Four or five years. Q. Where did you find Crossley when Mr. Holland took you to him? - A. At the Three Tuns. Q. Who keeps that house? - A. One Mr. Ballinger. Q. Who did you see at the Three Tuns, besides Mr. Crossley and Mr. Holland? - A. I did not see any body else there in the business. Q. Did you see any other person in company with them, or did you take any other person with you, during the time you were then at Bath? - A. I believe, William Austin. Q. Do you recollect whether you did or not? - A. I cannot be positive. Q. What passed at that meeting while Mr. Crossley was present at the Three Tuns? - A. He desired that me and Austin might accompany him and Mr. Holland; at least to meet them at the Globe, at Newton, the morning following, which was on a Saturday, I think, the 11th of April. Q. Where is Newton? - A. Between Bristol and Bath; Austin went before with Mr. Crossley; and Mr. Holland and I rode after. Q. Did you, upon that, see Austin either then or afterwards? - A. Austin went with me the morning following. Q. Did Mr. Crossley tell you, or any body else in Mr. Crossley's presence, for what you were to meet at the Globe, at Newton? - A. I don't recollect, but it was some conversation about this will. Q.Was it stated to have been respecting any will at all, in Mr. Crossley's presence? - A. Mr. Crossley and Mr. Holland went forward first together; there was nothing particular passed. Q. Had you at any time before you went to the Globe, at Newton, disclosed to Mr. Austin the business that you had been concerned in? - A. Yes. Q. What had you said to Mr. Austin about it? - A. I told Mr. Austin this, that I knew a person that wanted a witness to a will, and that he might get 100l. if he wanted to get 100l. Q. Did he refuse, or did he agree to it? - A. Mr. Austin said, I would put my name to an hundred wills for that money, or something of that sort. Q. Did you ever see Mr. Holland and Mr. Austin together at Bath? - A. Yes. Q. Did any thing pass between Mr. Holland and Mr. Austin relative to the will? - A. Yes. Q.What passed between them? - A. Mr. Austin and Mr. Holland were at a public-house with me, the French Horn, or Seven Stars; Mr. Austin would not agree to do any thing in the will without a note for 100l. to make sure of his money; he said, he could not give him a note of 100l. unless they should recover the property. Q. Did Mr. Holland at last agree, or refuse to give the note of 100l.? - A. He gave the note. Q. Should you know it, do you think, if you saw it again? - A. Most certainly I should; (it is shewn him); this is it; here is an alteration; he would not have "or order," and it was interlined"James Smith." Q. Was it ready written? - A. No; I believe the stamp was out of my own pocket. Q.Have you any particular recollection as to the date of the note? - A. No, I have not. Q. Who went with you to Newton? - A. Mr. Austin and I went, and Mr. Crossley and Mr. Holland; we rode there. Q.What day was it? - A. I think the 11th of April, but I cannot be sure of it. Q. Do you recollect of whom you hired your houses? - A. I believe it was Aborfield or Merrifield, a man that keeps horses, in Corn-street. Q. Did you find Mr. Holland and Mr. Crossley there, or how? - A. When we went to get the horses, we saw Mr. Holland and Mr. Crossley riding by before us, about 100 yards distance. Q. When you got to Newton, did you see any body there? - A. Nobody else, and Mr. Austin did not come in at that time. Q. What passed there in the presence of Mr. Crossley? - A. Mr. Crossley drew up a long copy of a note to send to Mr. Lewis, to inform him that I had a will of such a person's, one Lewis, a corn-factor, of Monmouth, I believe. Q. Did any thing more pass at that meeting, relative to that will? - A. Not in particular. Q. At that time you had not drawn the will? - A. No. Q. Do you recollect whether any thing more passed with respect to that will, before you parted at the Globe? - A. Nothing particular; upon Mr. Crossley's return to Bath, I received a note from him, as I was going to Eath. Q. Have you that note? - A. No, I destroyed it; I saw him afterwards at Bath, and he asked me if I had a note drawn by a nephew of his, one John Upsell; I told him I had; it came to me in a letter directed to Jacob Isgar , Bath. Q. Had you such a bill? - A. I had; he said, you owe me some money, will you give me a bill; I said, I have no objection; says he, I will give you ten guineas, and cry quits with you, and then he gave me two five guinea bills of the Abergavenny Bank; the note was for 50l. Q. After that transaction had passed, did any thing further pass between Mr. Crossley and you at that time? - A. Not in particular that night as I recollect; I had got a great deal of liquor. Q. Did you after that night that you had given Mr. Crossley the bill, and he had given you the two five guinea notes, did you see him again before he left Bath? - A. I saw him on the Monday at the same place. Q. Did any thing pass then? - A. Not in particular, further than one Mr. Dean was there, and he asked Mr. Dean if he would be security for the payment of the money that I owed him the balance of the bill. Q. Was that before or after you had given him the bill? - A. After; that was to blind Mr. Dean, that he might know I was satisfied. Q. Did any further conversation pass before Mr. Crossley left Bath, between you and him, relative to this subject matter? - A. Nothing in particular. Q. Do you recollect about what time Mr. Crossley left Bath? - A. The same day, I presume. Q. Did you at any time after that go up to London? - A. Yes. Q. For what purpose did you go to London, and at whose desire? - A. Sir John Briggs desired me to go; I went on the 25th of April in the morning. Q. By what coach? - A. I believe the coach went from the White-Lion; I cannot tell; I took my chance of the road; Sir John Briggs gave me two guineas. Q. Did any body go with you? - A. Yes; William Austin . Q. Was it by the desire of Sir John Briggs that you both went? - A. Yes. Q. Where did you arrive when you got to London? - A. I went to the Golden Cross, Charing-Cross; Mr. Austin stopped at the White-horse cellar; I enquired at the Golden Cross for Sir John Briggs, and saw him there. Q. Did you see any body else? - A. No. Q. Did Sir John Briggs desire you to go any where else in London at that time? - A. Mr. Crossley's. Q.When did you go in pursuance of that direction to Mr. Crossley's? - A. About a quarter of an hour after; this was on the Sunday morning. Q. Did you see Mr. Crossley? - A. Yes. Q.Did Mr. Austin go with you at that time? - A. No. Q. Did you see any body besides Mr. Crossley at that time? - A. I don't recollect that I did. Q. Had you any conversation with Mr. Crossley at that time? - A. I told him Sir John Briggs would be glad to speak to him at the Golden Cross. Q. Did you tell Mr. Crossley what Sir John Briggs wanted him upon? - A. I really don't know whether I mentioned any thing of that sort or not. Q. Did Mr. Crossley go to the Golden Cross to see Sir John Briggs? - A. He did not; he desired me to go and tell Sir John Briggs to come to his house, which I did, and I went part of the way with Sir John Briggs to his house. Q.Where did you lodge at that time? - A. One Mr. Noad's, in St. Martin's-lane; I understood Mr. Austin had been there while I was out. Q. How soon after that did you see Mr. Austin? - A About three o'clock that day. Q. Where did Mr. Austin lodge during the remainder of the time that you remained in town? - A. I believe, he lodged at the house where I lived. Q. Did he or did he not? - A. I believe he did. Q.Was he with you there? - A. Yes, he was. Q. When did Mr. Austin go out of town? - A. Not for two or three days after that, I believe. Q. Did you go out of town with him? - A. No. Q. Now between that time and the time that Mr. Austin went out of town, did you see Mr. Crossley again? - A. Yes, at his own house. Q. Did Mr. Crossley ever come to Mr. Noad's, While you were in town? - A. I believe not then, nor during that time of my being in town. Q. Did you see Mr. Crossley then at any time before Mr. Austin went out of town? - A. I saw him on the Sunday that we arrived in town. Q. Did you see him again, before Mr. Austin went out of town, after you had sent Sir John Briggs to Mr. Crossley? - A. Yes; Mr. Austin went with me. Q. Was that on the same day or another? - A. The same day. Q. When Mr. Austin and you went to Mr. Crossley's, who did you see there? - No person that I recollect, except Mr. Crossley; whether the servant came to the door, or him, I don't know; I went up into the back dining-room. Q. Was any body in that room besides you and Mr. Crossley and Mr. Austin? - A. No. Q. What passed between you at that time? - A. There was a bottle of wine upon the table and two glasses; he asked us to take a glass of wine; he went into the front dining-room, and brought out two pieces of paper, purporting to be the will of Mr. Lewis. Q. Were there any other persons in that room? - A. There were; I think I heard Sir John Briggs ' voice, but I am not sure; the two pieces of paper had Henry Lewis wrote upon them, but no witnesses' names. Q. Was the one a counterpart of the other? - A. I think it was, they were both signed by the name of Henry Lewis . Q.Were they completely written before they were brought to you, or was any thing done to them afterwards? - A. Nothing was done to them afterwards. Q. For what purpose were those two papers brought into the room to you? - A. For us to attest it as witnesses. Q. Did you do so? - A. Yes; William Austin wrote his name first, and then he wrote the name of Thomas Bowden, and then I wrote mine. Q. Did you know Thomas Bowden? - A. Yes. Q.Was he dead at that time? - A. Yes; sometime before. Q. Was he known to be dead by Mr. Austin? - A. Yes, well known. Q. By whose direction did you and Mr. Austin subscribe your names to that will? - A. By the direction of Mr. Crossley. Q. Do you remember any particular expression that Mr. Crossley made use of upon that occasion? - A. When Mr. Crossley brought the two papers, purporting to be the will, he laid them upon the table, and said, now sign your two names, and take care the devil don't tap you upon the shoulders. Q. Did any particular conversation pass at that time before you parted? - A. Not in particular: Q.After that, did you yourself see Mr. Crossley again before you left town? - A. Yes. Q.How soon after? - A. I saw him on the Monday following; I wanted some money of him to send Mr. Austin home again. Q. You and Mr. Austin went home together, did not you? - A. No; Mr. Crossley gave me three guineas, or three guineas and an half, I am not quite sure whether it was Monday or Tuesday. Q. Did you at any time ask him, or he you, any questions about the will? - A. I asked him about the will, I asked him why he made two parts; he said, that he made two parts for this reason, in case I should be detected, and Mr. Austin at the trial, that he and his clerks might come and prove that the old gentleman left it with him. Q.What became of the two parts of the will? - A. One was put up in a cover directed for Mrs. Kane, after I had left the will on the table, and the other Mr. Crossley kept. Q.What became of the other? - A. I left it. Q.What day was it when you left town? - A. I cannot say. Q. Do you recollect any thing of your own affairs happening before you left town? - A. Not particularly. Q. Was any business of your own transacted while you were in town? - A. There was an attachment against me in the Court of Common Pleas, at least the rule was made absolute, and I was bailed before his Lordship. Q. Who transacted the business of the bail? - A. Mr. Crossley got me the bail, and procured me the attorney, his name was Price, I believe. Q. The bail was put in? - A. Yes. Q. How long did you stay after the bail was put in? - A. I cannot say. Q. Did you go out of town that day, or the day after? - A. I don't recollect. Q.After the bail was put in how long did you stay there? - A. I don't know. Q. Did Mr. Crossley, after you had asked him the question about that will, did he say any thing more about the will, that you can recollect? - A. Not in particular; he said he took care that the paper should be old enough, that it might not be discovered. Q.What became of the letter you wrote to Mr. Lewis, at Monmonth; when did you send it? - A. I suppose, about the 12th or 13th of April, I am not quite sure to the day, it bears date before that, I believe. Q. Do you recollect about what time in April that letter was actually sent? - A. I don't recollect particularly the day of the month. Q. Is this the letter (shewing it him)? - A. Yes, it is the letter. Q. Did you ever receive any other money from Mr. Crossley than the change of that 50l. bill? - A. Yes. Q. What further sum did you receive from him? - A. I think, ten pounds or guineas; I am not sure which, it was an order upon his banker. Q. Do you recollect who that banker was? - A. Ramsden, or some such thing, it was No. 57. I think, in some street, I forgot what; Hammersley, or some such thing, if I was to hear it I can tell. Q. Was it in St. James's-street, or the Hay-market, or Pall-mall? - A. In Pall-mall, I think; I am not sure. Q. You got the money for it? - A. Yes. Q. Did you tell them your name? - A. Yes; they asked me, and I told them the name on the bill was not mine. Q. How soon after your return from London did you go over to Monmouth? - A. Two days. Q. Do you recollect what day you returned from Monmouth? - A. I don't. Q. What day of the week? - A. I cannot say; I was to be with the will at such a time, at Monmouth of the Monday following, I think at eleven o'clock; but I could not go, and therefore it was some time first. Q. What was it stopped you from going to Monmouth at that time? - A. I did not get from London in time. Q. But how long after you reached Bath was it? I cannot recollect. Q. Who did you go with? - A. One John Edwards. Q. What did you go to Monmouth for? - A. With this said copy of a will. Q. Did you carry it? - A. Yes. Q. Who did you deliver it to? - A. One Mrs. Kane. Q. When did you receive this money? - A. The 10l. was after the will was made. Q.Were you in London after that? - A. Yes. Q. Is it or not, the paper you carried to Monmouth? - A. It is. Q.Look at that; is it the same paper you had from Mr. Crossley? - A. Yes. Mr. Sergeant Adair. This, my Lord, is the cover at I have now shewn the witness. Q.Look at that, (the will), is that the same that was afterwards produced upon the trial at Hereford? - A. It is. Cross-examined by Mr. Erskine. Q. I have been looking at you, and listening to you, for a great while, with profound admiration, and think I never saw a gentleman so much at his ease as you seem to be; perfectly tranquil and happy, are you not? Court. You are not bound to answer that. Q. Look across to the Jury; you did not know at all the deceased Henry Lewis ? - A. I did not know him. Q. Then it is not true at all that you knew him about five years before 1791? - A. No. Q. It is true that you swore that though? - A. I am very sorry I did. Q. So I see; and you swore also, I believe, that he came to your house, and that the will was made at your house, and attested at your house, you are sorry for that too, I suppose? - A. I came into this Court, I wish to do justice, and to let the truth be known; I think it has nothing to do with the case. Q. It has; and I shall apply to his Lordship to make you answer every question I ask. You did swear that? - A. Yes. Q. With as much ease as you are swearing now the contrary; now, how am I to know, if what you were swearing then, or what you are swearing now, is the truth? - A. I came now to do the honest justice. Q. Suppose I had been at Hereford, and was asking the question - whether you did not come to speak the truth, what would you have said; were you not asked that? - A. I likely might. Q. Then your answer was, that you were come to speak the truth; was it so? - A. I cannot recollect. Q.You know very well, after you had made that oath, you were commited for the forgery; that you were taken up, and sent to prison? - A. I know I was sent to prison, and am now. Q. Now, how long after you had been in prison did you begin to tell the story you have been telling to-day? - A. Some time after. Q. Then you had, some time after, confessed that you committed this forgery? - A. I had not. Q. What do you call signing your name to a forged will; do you mean to swear you did not know you were guilty of a capital offence for having unered a will knowing it to be forged? - A. I did not know it then. Q.Perhaps you don't think that wrong? - A. I don't think that was right. Q. You don't think it a very wrong thing not for once or so. What do you think of the one that you did over now with the name of Lewis to it; do you think that a forgery? - A. I don't know; it might be a forgery. Q. Do you mean to say, that when the blank paper was said to be old enough, as it was said by Holland, and you were desired to copy it over the name of Lewis, you did not know it was a forgery? - A. I positively swear I did not know it was a forgery then; I did not think it right not withstanding. Q. You practised as an attorney? - A. I was an auctioneer. Q. Upon your oath, did you ever practise as an attorney? - A. I have been an attorney's clerk; I don't deny that. Q. Upon your oath, did you not practise as an attorney, state yourself to be an attorney, and do business as an attorney? - A. I never stated myself as an attorney yet. Q. Did you not practise as an attorney? - A. Not by myself. Q. I will give you the names of a few causes, and see whether you practised in any of them: in Parry against Pyander; did you practise in that? - A. I had nothing to do with it. Q. Do you mean to swear that? - A. I was not concerned in the business any more than the gentlemen here. Q. You don't know any thing of it? - A. I served the process for the attorney, one Akerman. Q. You were his clerk, were you? - A. No. Q. How came you to serve the processes? - A. It was sent to Bath. Q. Upon your oath, was not Akerman acting as your agent, in that very cause? - A. He positively was not. Q. When you got into prison, you underwent an examination before Mr. Barrow, the Justice? - A. Yes. Q. You had then a perfect recollection of all the circumstances that belong to this transaction? - A. I recollected some of them. Q. Does your recollection get better after a long course of time? - A. I was at a nonplus. Q. Had you not been two months in goal before you were examined? - A. It might be. Q. Don't you know so? - A. I believe it was. Q. You have told those gentlemen, all this abominable business you have been describing, was planned before you came to London, when Mr. Crossley was at Bath; that you took horses, and that Mr. Holland and Mr. Crossley rode together, and you and Austin together; that one went to Newton, and then to Linton; that strikes me as the most important part of the business, does not it you? - A. I cannot say; what I have said now, is, before God and man, positively true. Q. How did it happen, that though the Magistrate has said it was read over to you deliberately, that you made erasures where you could not swear to it, that there is not one syllable of having seen Mr. Crossley at Bath? - A. Because there is a part of it told, and part not; there was not time to take it all down. Q. Did you tell Mr. Barrow that circumstance? - A. I cannot tell. Q. Will you swear you did not? - A. I don't mean to swear about it; I don't recollect. Q. Do you mean to say, that when you were admitted an evidence for the Crown, that at that time you did not recollect? - A. I did not know I was to be admitted an evidence for the Crown at that time. Q. Did you prosess to tell the truth to Mr. Barrow? - A. I did; but Mr. Barrow did not ask me, and I did not tell him; and there may be some more yet, perhaps, that was not put down. Q. If I recollect you right, Mr. Holland, when at Bath, told you that would not do, for that Mr. Lewis was a very particular man? - A. I did not say so. Q. Who said so? - A. I did not say so. Q. What did you say? - A. Sir John Briggs told me so. Q. Was it before, or after Mr. Crossley went to London? - A. Yes. Q. So that this was managed before Mr. Crossley went to London? - A. Yes. Q. And you have said nothing about it in your examination? - A. It was all managed before, I tell you. Q. Were you ever asked, at the assizes, whether you had seen Mr. Crossley before; what did you answer to that? - A. I said I had. Q. Did not you say, you only saw him once by accident, coming out of the King's-Bench? - A. I did not say that I had not seen him any more than that. Q. Will you venture to swear that you did not? - A. To the best of my recollection, I did not swear that; I don't recollect any such thing. Q. Will you venture to swear you did not? - A. I cannot; I am come here to tell the truth, I hope, and I will do it. Q. Did you not say you saw him coming out of the King's-Bench, and that was the only time you ever saw him in your life? - A. I don't know that I did. Q. Look at that examination; did you give an account to the magistrate of all you knew, and did he write it down? - A. I did not say I did. Q.Did not you prosess to give an account of all you knew? - A. No, they did not ask me; I did not give every particular instruction, every word, that I knew of it. Q. Did you tell the Magistrate that Mr. Crossley desired you to write that letter you sent to Mrs. Kane? - A. Mr. Crossley wrote that letter, and I copied it. Q. Did you tell the Magistrate so? - A. I don't recollect. Q. Do you believe you told him so? - A. I cannot tell. Q.Suppose it should turn out that you did not tell him so, why did you not? - A. I cannot answer the question. Q. I ask you, if you can account for not having told the Magistrate; supposing that when that comes to be read, you should not have told the Magistrate one syllable of having seen Mr. Crossley at Bath; how can you account for it? - A. I only described the heads of it, and this was left out, perhaps. Q.Do you know Mr. Gray, the jailer? - A. Yes; I know him very well. Q. Had you ever any conversations with him upon the subject of this? - A. Yes; previous to my giving this relation to Mr. Barrow. Q. Did you give any previous information of what you have laid before the Court to-day? - A. Not in particular. Q. Will you venture to swear you had no communication with him after that time? - A. I have talked to him several times, but not in particular. Q.After Mr. Crossley was committed to prison, had you not conversed with the jailor, Mr. Gray? - A. I don't know but I might, several times, as he comes to lock me up in the evening. Q. You don't recollect whether you had or not? - A. Not private conversation. Q. Then I understand you to say, that, subsequent to the time of Mr. Crossley being committed, you never did speak to Mr. Gray upon the subject of Mr. Crossley being brought there? - A. Previous to the time of Mr. Crossley being brought there, I had said, to be sure, that the will was a good will, till I told Mr. Barrow the rights of it; and after that, if I did say any thing to the jailer, I certainly did say, that Mr. Crossley was concerned in it with Austin and me. Q. So that after Mr. Crossley was committed, and after you had laid an information against Mr. Crossley, you said the same thing to the jailor that you had said in your information; that is to say, that Mr. Crossley was concerned with you? - A. Yes. Q. You have never said the contrary since Mr. Crossley was committed? - A. I might have said, that Mr. Crossley was not the first person that pointed out the will to be made, because it was Mr. Holland. Q. Did you not say to Mr. Gray, after Mr. Crossley was committed, that Mr. Crossley did not know certainly any thing of the will, but that you were obliged to swear to it? - A. No; never in my life. Q. That you positively swear? - A. Yes; positively. Q. I have now given you time to recollect yourself, and my Lord has got your answer down; now let us see how long you will stand by a thing, and in how short a time you will swear and unswear Mr. Gray asked you, whether Mr. Crossley had any knowledge of the will; and that you said Mr. Crossley did not know any thing of the will, but you were obliged to swear it; and upon being asked, how you could accuse Mr. Crossley, you said, that you, to your knowledge, could not possibly accuse Mr. Crossley of it? - A. I deny saying any such words to the jailor, or to that effect. Q.Vastly well, sir; now I want just to see whether I have got the rest of your evidence correct; I shall trouble you with very few questions now; you went, at the desire of Sir John Briggs, to London, and Austin with you; you went to the Golden Cross; Austin went to the White Horse Cellar; you went to Mr. Crossley on the Sunday morning, and told him, that Sir John Briggs wanted to speak to him, &c. (repeats his evidence)? - A. There are words there that are wrong. Q. In the morning you went first of all and saw Mr. Crossley? - A. Yes. Q. You delivered your message from Sir John Briggs to Mr. Crossley? - A. Yes. Q. And he gave you three guineas, or three guineas and a-half; now what time was that? - A. Monday morning, near twelve o'clock. Q. And you asked him why he made two parts of the will; and he said, he made two parts of the will in case you should be detected, and Mr. Austin, at the trial; that he and his clerks might come and prove that an old gentleman left it with him; now that is a very remarkable expression, that must have struck pretty deep; it was not a thing one would hear and forget very much; did you tell that to the Magistrate? - A. I believe I did; I am not sure. Q. You think you did? - A. I think I did; I think you will find it in the paper. Q. Do you remember receiving this letter from Akerman, in which, he says, he is sorry to be informed, the public term me the notorious Jacob Isgar's agent; now, upon your oath, do you mean to say, you did not employ Akerman in any of the causes in that paper? - A. Only in my own; three or four of my own. Q. Who was employed in those causes? - A. No attorney but Akerman. Q. How comes Akerman to speak so in that letter? - A. Because one Wilmot sent it to him. JOHN DEANE sworn. Examined by Mr. Mills. Q. Where do you live? - A. At Bath. Q. Were you in Bath, in April last? - A. Yes. Q.What are you? - A. I keep on the mealing-business. Q. Do you know the Three Tuns, at Bath? - A. Yes. Q. By whom is that kept? - A. By one Henry Ballinger. Q.Look and see if you know the prisoner, Mr. Crossley? - A. Yes, I do. Q. Do you know Jacob Isgar ? - A. Yes. Q. Did you see Jacob Isgar at the Three Tuns, in April last? - A. Yes. Q. Did you see Mr. Crossley there? - A. Yes. Q. Were you there when any conversation passed between Mr. Crossley, him, and you? - A. No further than (the 13th of April was a Monday) Mr. Crossley called at my house, between twelve and one o'clock; he left word for me to go to the Three Tuns; I went there, and there was a bowl of punch upon the table; I asked Mr. Crossley how he came down there; he said, he was going upon business to Gloucester, and round there; he asked me for some money that I borrowed, in London, of him; he asked me to pay him that, which I did, we sat down and drank a glass or two of punch together, and presently in came Isgar; and Mr. Crossley said, will you be bound for Isgar, for what he owes me; I said, no; I was bound too much already. Cross-examined by Mr. Garrow. Q. You are a merchant at Bath? - A. I have been. Q. In what commodities? - A. In wheat and flour. Q. In different sort of things; have you not a good many people in your house? - A. No. Q. You have left off that business; have you no lodgers in your house? - A. No. Q.How long have you ceased to have any? - A. Two or three months. Q. You have no dislike to Mr. Crossley? - A. No. Q. You never expressed any displeasure or resentment at Mr. Crossley, or use any expression of illwill with respect to him? - A. Not that I know of. Q.Look at those gentlemen, and tell me, if you mean to abide by it? - A. When I heard of his being taken up, I said, he had not used me well. Q.Nothing more violent than that? - A. Nothing that I know of. Q.Should you recollect your own expressions, if you were to hear them again? - A. I dare say I might. Q. Did you ever say you would sport an hundred to hang him? - A. I never did that I know of. Q. I will put you in possession of a remarkable expression that accompanied it; that if it was necessary, you would be the hangman? - A. I might say so. Q. Upon your oath did not you say so? - A. I don't know but I might. Q. Did you not say it? - A. I might. Q. That won't do for me? - A. I might say, if nobody else would hang him, I would, or something of that sort. Q.And that you would sport an hundred to hang him? - A. I have no hundreds to sport. Q. Upon your oath did not you use that expression; your memory is not remarkably short; upon your oath, did not you say so when you were before the Grand Jury? - A. No. Q. Were you ever at Clerkenwell? - A. Yes. Q. Did you not, upon that occasion, use these very expressions; look at those gentlemen; cannot you look an honest man in the face; upon your oath, when you were subpoened upon that occasion to Clerkenwell, did you not say you would sport an hundred to hang him; and you would be the hangman yourself, if it was necessary, and nobody would hang him, you would be the hangman? - A. I might the latter part of it. Q. You have no resentment to Mr. Crossley? - A. I have been very much injured by him. Q. Upon your oath, since he has been in custody, have you not been arrested for a debt of 170l. at his suit? - A. Yes. Q. Have you compounded that debt? - A. No. Q. Have you settled it? - A. I gave him 50l. in Hereford gaol for it. Q. Is it since that that you made use of these bitter expressions? - A. There was not that money due to him. Q. I like that; so much the better; there was nothing coming to him? - A. I believe he is in my debt a good deal. Q. And since he has been in custody you have made use of these expressions respecting him? - A. I may as far as I know. ELIZABETH BALLINGER sworn. Examined by Mr. Russell. Q. Does your husband keep the Three Tuns, at Bath? - A. Yes. Q. Did you ever see the prisoner at your house, at Bath? - A. I don't recollect the gentleman's face, if the gentleman in black is the prisoner. Q. Do you recollect having seen him before? - A. I do not recollect that I ever have. Q. Do you remember Isgar being at your house? - A. Yes. Q. Do you remember Austin's being there? - A. Yes. Q. Do you know at what time they were at your house? - A. I believe it was the 4th of April that he was there; the gentleman that Isgar waited on. Q. Do you recollect whether that gentleman, or Isgar, or either of them, went out of town on horseback? - A. I have heard so from our hostler. Q. Is he here? - A. No; I heard that there were horses had. JOHN MERRYFIELD sworn. Examined by Mr. Dauntey. I am a hackneyman, at Bath. Q. Do you let horses there? - A. Yes; in Crown-street. Q. Do you know the person of Jacob Isgar ? - A. Yes. Q. Do you know the person of William Austin ? - A. Yes. Q. Do you recollect at any time letting horses to Isgar? - A. Yes. Q. At what time was that? - A. I believe the 11th day, I have got the book about me. Q. Was the entry made at the time? - A. Yes; my wife makes the entry when I am not at home; but I saw the horses go out. Q. See the day on which these horses were lett? - A. On the 11th day of April last. Q. Did you, on the day that entry refers to, see Austin and Isgar upon those horses? - A. I did. Q.What was the hire that you received for those horses? - A. Six shillings. Q. Was it one day, or two? - A. They returned the same day, in about two hours and an half. Q. Did you see the entry the same day? - A. Yes; I took the money of Isgar for both the horses. Q. Did you know the place to which they were to go? - A. To Newton. Q. How do you know that? - A. They hired them there; if it is for a day, I ask where they are going; if they go for longer, I cannot pretend to say; they told me they were going no farther than Newton. WILLIAM STOWEL sworn. Examined by Mr. Knowlys. Q. You keep the Globe, at Newton? - A. Yes. Q. Did you keep it in April, last year? - A. Yes. Q. Do you know Jacob Isgar? - A. Yes, when I see him; I remember seeing him there have a glass of punch along with another man. Q. Do you know who he came with? - A. I cannot say. Q. Did he come on horseback? - A. I don't know; I came in while he was there. Q. Do you know whether he had any thing to do with other people in the house? - A. I don't know, only from the servant maid. Q. Did you see them at any time in company with any other person in at your house? - A. No; I did not. Court. Q. You say you saw Isgar at your house, you cannot recollect when, can you recollect the month? - A. I cannot say to a quarter of a year, that I know of. Q. Do you know whether it was summer, or spring, or winter? - A. I cannot say I do. Q.Nor any person that he met at your house? - A. Not one person. STEPHEN NOAD sworn. Examined by Mr. Sergeant Adair. Q. Do you know Isgar? - A. Very well. Q. Did he ever lodge at your house, when in town? - A. Yes. Q. Can you tell me when he was in town in the course of the last year? - A. Yes; he came to town in the month of February. Q. Do you remember his being in town any time after that? - A. Yes; he came to town after that, the 26th of April. Q. Do you recollect what day he went out of town again? - A. Yes; on the Saturday following, the first of May. Q. Are you sure it was on a Saturday? - A. Yes. Q. Do you remember whether he went out in the morning or evening? - A. In the evening; he went by the six o'clock stage from the Bull and Mouth. Q. Do you recollect any person being with him when he was in town? - A. A person came to town with him, but did not lodge at my house with him; it is a person that I have since heard called Austin. Q. How long did he stay in town? - A. I cannot say; he slept one or two nights, I cannot be certain which; my wife and I know that he did one, but don't know whether it was two or not. Q. Do you know the prisoner, Mr. Crossley? - A. Perfectly well. Q. Did you ever see him with Austin? - A. I have seen him with Isgar a score times, I believe. Cross-examined by Mr. Garrow. Q. And I believe one of those times was to arrest him? - A. He was arrested at Mr. Crossley's suit. Q. Do you remember saying that you did not like to see Mr. Crossley there, for he always came to give some trouble to lodgers? - A. I don't recollect. Q. Which of the times that Isgar was in town was it that he was arrested at Mr. Crossley's suit? - A. The second time, on a Saturday evening. Q. He complained of being taken on Saturday evening? - A. I did not hear him complain. Q. You don't know the sum I suppose? - A. No. Q. Did you know there was an attachment against him? - A. I did not. Court. You say you have seen Mr. Crossley many times with Isgar at your house? - A. I have. Q. Do you recollect whether you saw him there in the month of April, 1795? - A. I did. Q. You have told us of a person came to town with Isgar, whose name you don't know? - A. He went by the name of William Austin . Q. Have you ever seen Mr. Crossley with Isgar and Austin, all three together? - A. I never did. MARTIN HESLOP sworn. Examined by Mr. Russell. Q. You were clerk in the house of Morland and Hammersley, in June last? - A. Yes. Q. Be so good as look in your book, and see if in the month of June last you paid a draft of Mr. Crossley's, either of 10l. or ten guineas, and to whom? - A. I paid one of 10l. on the 10th of June, to a person of the name of Escar, or some such name; I took it from the person who received it. Prisoner. Who was it made payable to? - A. Thompson, or bearer. Q. Mr. Crossley kept cash with you sometime, I believe? - A. Yes. Q.Do you know his hand-writing? - A. I believe I do. Q. Look at that, and tell us if you believe that to be Mr. Crossley's hand-writing? - A. I cannot swear that it is. Q. Do you believe it to be? - A. I really cannot tell. Court. Have you seen Mr. Crossley's handwriting? - A: Yes, I have. Q. What is your opinion about it? - A. I cannot exactly say. GEORGE GABELL sworn. Examined by Mr. Russell. Q. Did you ever see Mr. Crossley write? - A. Yes, I have. Q.Look at these letters, and see if you believe any of them to be Mr. Crossley's hand-writing? - A. That is, I believe: the body of this, another, is not, but I think the signature is. Another; this is Mr. Crossley's, the whole of it. Another; I think the signature only of that is Mr. Crossley's writing. Another; this, I think, is all Mr. Crossley's. Another; this is, I think, Mr. Crossley's. Another; this I think is Mr. Crossley's. Another; this I think is Mr. Crossley's, but I am doubtful about this part of it, "keep all my letters till I see you." Q. Look at the top entry in that page? - A. I believe this is his writing; (reads) "Friday, 1st May, 1795, Mr. Isgar at suit Rex. To Isgar, 2 guineas, and before, 3l. 13s. 6d.;" reads another entry, "paid Mr. Price 2l. 2l." I think that is Mr. Crossley's writing. Mr. Sergeant Adair. This, my Lord, is Mr. Mr. Crossley's own book, found in his house. (Shews him another book). Look at that? - A. I dont't think any part of this is Mr. Crossley's hand-writing. Q. There is another entry there, 1st of April; it seems to be the entry of the payment of a bill; whose hand-writing is it? - A. It does not appear to me to be Mr. Crossley's. (Shews him another book). A. From the words Richard Holland , down to the bottom, is, I think, Mr. Crossley's writing. JAMES PRICE sworn. Examined by Mr. Dauncey. Q. Look at that,(a notice of bail); is that your name at the bottom of the note? - A. Yes; I put in this bail. Q. What is the title of the cause? - A. The King, and Jacob Isgar ; Mr. Isgar and Mr. Crossley were together, and applied to me to put in that bail. Q. When was that? - A. The 29th of April. Q.State what passed? - A. Mr. Crossley said, there was a person from Bath, that he wished to have bail put in to answer-interrogatories. Court. Q. Isgar was with him? - A. Yes; he asked me if I had any objection to put in bail for Isgar. Q.Was bail put in for him upon that applition? - A. Yes. Q. On what day was the bail perfected? - A. Upon the 29th of April, 1795; there was no objection to them. Q.Look at the copy of the bail bond, and see if that corresponds? - A. They are the same bail. Q. Who paid you for it? - A. Mr. Crossley. Q. What was the sum that he paid you? - A. Two guineas. FRANCIS LEWIS sworn. Examined by Mr. Knowlys. Q. Where do you live? - A. At Monmouth; I am a sheriff's-officer. Q. Did you at any time go with a search warrant to the house of Richard Holland? - A. I did, with the elder Weaver and an officer; his house is in the parish of Stanford and Grisford, eight or nine miles from Monmouth, I will not be particular. Q. Did you find any papers in that house? - A. I did. Q.What did you do with those papers? - A. I gave them all to Mr. Phillips, the town-clerk, except one which I gave to Mr. Stokes. Q. Do you know any person of the name of Vincent? - A. I know a man who went by the name of Vincent, we met that morning as we were going to search the house, a little man, with a fresh colour, told us his name was Vincent. Q.Do you know, of your own knowledge, whether that man is an acquaintance of Mr. Holland's, or not? - A. He told me he was. Q.Is that the only knowledge you have of him? - A. We met him as I was going to the house, and he returned with us. Mr. Sergeant Adair. This is a letter in Mr. Crossley's hand-writing, found at Mr. Holland's. (The Clerk reads). Addressed to Mr. Richard Holland , to be left at the Lamb Inn, Abergavenny, Wales. "Sir, "There is a letter in the Post-office, at Abergavenny, by this post, directed to John Montague , Esq. Post-office, Abergavenny; be so good as to take it, and he will come by your house, then give him it; the New Bank will very soon open, &c. I am, your's, &c. G. CROSSLEY." London, 2d May, addressed to John Montague , Esq. Post-office, Abergavenny. "DEAR SIR, "When I saw Sir John Scott here, he then advised, and it was agreed that Mr. John Eberno should be at the King's head, on Monday, at eleven; I have since then settled the matter of Eberno, which Mrs. Allen last wrote about, and the bail was put in, so that nothing can, but his own want of prudence, prevent his attending to the appointment; he see off by the coach at four this morning, and has faithfully promised to keep his appointment. I hope Sir John will not fail to meet him, that he may at once dispatch his business; for he is much too apt to get drunk, and the sooner he returns the better; for I cannot answer for his prudence, if in liquor; and when any thing pleases or displeases Mr. Eberno, he is generally drunk on the subject. I am well satisfied you may trust him, as he will faithfully bring the money to account; so that you need not fear him on that head; but a man that gets drunk, is not a fit person for business, and therefore I would have you to act more cautiously, in future; the 50l. you gave him last is accepted; and I told him where to have the cash, and he had it, the full 50l.; and Sir John Scott desired me to advance him five guineas, as it is best to keep no accounts but what are clear. Mrs. Allen has a desire you will write her fully on the business, and how it is managed, and what is done (that she may know her money is properly laid out). You must be prudent and diligent in the business, and there is no doubt of success, the security is so good, and so very perfect the title, that no one can miss of approving the matter; so that there need no begging the question; and if the money is not advanced, on the security, when Mr. Eberno brings it, it may be got elsewhere - so I would have Sir John Scott told when you see him. Pray any compliments to our friends; and, I think, if Sir John comes into your part this summer, you may shew him this; he will the better understand how to act; and as I have, when I saw him, told him the whole truth of the case, I am satisfied he has too much understanding not to see it is right; besides, as he is in the habits of approving titles, he must be better and more perfectly satisfied by an open behaviour and disclosure of the full truth, than by any thing kojt back. I hope Mr. Eberno will not be kept an hour at the King's-head, as I have given him orders to depart as soon as possible. I am, Sir, Your obedient servant. G. CROSSLEY. Mr. Sergeant Adair. We shall now read a paper found at Mr. Holland's; the drase of the will in Isgar's handwriting. The will read,(Copied verbatim). "In the Name of God Amen I Henry Lewis of the"of the Parish of Treleck in the County of Monmouth"Clark being of sound mind and memory and being"desirous to settle my Worldly affairs Do make this"my last Will and Testement in manner and form fol-"lowing that is to say I give unto my Kinswoman Mrs." Mary Kane of Monmouth Widow one half part of"all my Estates of what nature or kind soever and"wheresoever the same may be found or be situated"which I may be interested or entitled unto at the time"of my decease for and during her natural life and"after her decease I give the same before mentioned"half part of the said Estates unto her daughter Francis"Teresa Brigges and her Hires and Assigns forever"subject to payment of such Legacies hereinafter men-"tioned and paying thereout the sum of Two thousam"pounds after the deceas of Mrs. of Mrs. Mary Kane"their mother to Mary Kane and Grace Kane equally"to be divided between them share and share alike"I all so give Ten pounds per anum to each of my"Cousins Maria Williams and Grace Cornish of Bristol."to be paid them out of my Estates during their na-"tural lives I give unto Mrs. Susannah Harman of"Bristol the sum of five hundred pounds to be paid her"out of my Estates twelve months after my decease"I give unto Francis Rumsey of Treleck the sum of"five hundred pounds to be paid out of my decease"I give upto Francis Rumsey of Treteck the sum of"five hundred pounds to be paid out of my Estates at"Twelve Months after my decease. I give unto"Mrs. Kane aforesaid Widow and Francis Teresa Briggs"aforesaid all my Goods Chattels Plate Linning Chinia"Bonds Bills and personal Estates wheresoever charge-"able with my debts and funeral Expencies And I do"appoint the them my Executrix of this my last Will"and Testament and do hereby revoke all former Wills"by me made in Witness whereof I the said Henry"Lewis Hath hereunto sett my hand and Seal this 27th"day of July 1791. "Sined sealed and delivared by"the said Henry Lewis the"Testator as for his Last"Will and Testment in the"presence of us who at his"request and in his presince"have subscribed our names"as Witness Heneunto. Henry Lewis Henry Henry H Henn Lew Henry Henry Henry Henry Henry Lewis L Henry Henry Lewis . g. J Henry Lewis . Mr. Sergeant Adair. The next piece of evidence is the 100l. note found in Austin's hat. (It is read). London, 12th Dec. 1794. Six months after date, I promise to pay James Smith the sum of an hundred pounds value received. R. Holland, Nando's Coffee house, Fleet-street. Mr. Sergeant Adair. Now, my Lord, it is necessary to point out to your Lordship and the Jury, what appears upon the inspection of that; when it is examined, the 94 appears originally to have been 95; for the truth of that observation, I must appeal to the eye sight of the Jury and the Court, and that bearer is struck out, and James Smith put in. Mr. Sergeant Adair. The next is a letter addressed to Mr. Crossley from Clarke, 6th March, 1795, in which he speaks of the good old paper that he has by him, signed William Clarke , dated Worksop, 6th March, 1795. addressed Mr. Crossley, Adelphi, London. "DEAR SIR,"I have got you four deed stamps, which are all I can get here; I cannot find a 15s. bond stamp, as I promised; they are all on one stamp, and a figure of three upon it, which I think would not do; shall be going shortly to another place, and will try there; and hen got, send it you; or an old sheet may be stamped; I have me choice paper forty years old. I have no doubt but Mr. Bill stand mark; Mr. John Urton , I know, would do any thing you sopose; Tell me, and I'll fix it properly; I think, Mr. Urton ill not live long; I suppose I shall be his executor. "Old I' - hath sent nothing; therefore I can do nothing of what were talking about. I shall put in our answers to interrogatories, Monday, (Mr. Clay attend). I have seen G. R - k - vs, afterday; he comes to crave my favours and forgiveness; he is ped of Robin Hooding , and abuses young Jonathan Wilde much, but is R. H. and he says he was a villian to cheat me; you will be what return in so little a time; I have forgiven him, and he must now be quite white-washed." Another Letter read, dated 25th May, 1795, signed W. Clarke, and addressed to Mr. Crossley. Attorney at Law, Adelphi, London. "DEAR SIR, "I have received your letter last post; it is not convenient, at this me, to come to London to meet Mr. Dixcy, as I am not well, and noble, at present, to take so long a journey. I want much to go Leicester; I must go there next week. I hope Dixcy hath got is accounts allowed before the Master (I suppose 2000l.) "I have sent Dixcy a jobber, a man of judgment and money; he ath set off to Dixcy's house well mounted, by way of Worcester; suppose he will be there some day this week; he comes to take view, and see situation, before he fixes; his name is Vincent; I hope he will find Richard at home, and that all things will be made greeable to them both. If Richard should come to London this week, he must hasten back to see the merchant; he will go to the King's-head, Monmouth, and send over for Richard. "We have a great miss here; you may tell Richard, Old Nick went over to Worksop manor last night, and took his old acquaintnce, Wake; he was an idle devil not to fetch him ten years ago; he also fetched, last week, Briggs Rotherham, the Justice of Drauseld - they will make a good hroil together. "I have both seen and sent to Gillet's brother, to do something or him, and have had a deal of trouble about it; they have put off o consider from time to time, &c.; I sent again yesterday; his brother Thomas seems to be now most forward to assist him, and promises to come to me here on Wednesday next; I will do all I can o serve the poor man, you may depend upon it; and I will write o him as soon as I know what will be done; I will do my best for his interest." Mr. Sergeant Adair. Your Lordship fees, in that leter, there is mention made of Richard and of Vincent. A Letter dated the 29th May, 1795, signed G.C. addressed to Mr. R. Holland, Skinsreth, the Lamb Inn, Abergavenny,(read), "DEAR SIR, "The last letter I had, told me of your intended journey to London; but I have not heard or seen you since; I came from the country today, and think there is a house, at Wickham, might suit one of the company, but wish to advise you on it. "I had a letter from Mr. Clarke, in which he says, he has sent a Mr. Vincent to you; be careful what you do; but fail not to let me hear from you; if I do not see you, remember I stopped the writings till you came. "Let me hear by return of post. Adieu." Mr. Sergeant Adair. This is a draft to Mr. Crossley' and found at Mr. Crossley's, signed W. Cl-k, 13th Sept. 1795, addressed Mr. Crossley, John's street, Adelphi, London, (read). "DEAR SIR, "I have received your's; I am sorry Dixon's sample is found; what a fool must he be to write so many names, as you say he hath done; you may be certain, it is all his own doing. I have had no letter-Vincent called here when I was with you; he said he should call again before he went back into the West, but hath not yet done so; when he comes, I suppose I shall be acquainted with the whole history. I have seen the party which I told you I would; I have every reason to think I can get it; but you know there is no promising, certainly now, till you have the sum in hand. I have told you, I would do every think I could to serve you, and he assured I will; I hope I can do it shortly; but remember, I have never said absolutely I could do it; you know I told you how I was situated; I'll do my best, and hope I shall be able to oblige you; but don't depend upon it till you have it hand. Your's, " W. Cl-K." Mr. Sergeant Adair. The next is, Mr. Crossley's letter to Mr. Holland; 4th April, 1795, signed G. Crossley, Adelphi, 4th April, 1795; no address; (read). "SIR, "I received your remittance on account of Bataille, 57l. 10l. for which I am obliged; I will meet you at Gloucester at eight o'clock on Thursday morning, at the King's-head inn, there I shall come by the coach from the Bolt-in-Tun; I wish you to write for the 50l. bill back, it can be of no use to the party, and may be productive of much evil, as the gentleman you sent it to can do nothing with it, and he has not a single connexion, but what knows the person on whom it is drawn; if you had set your head at work to rain the concern, you could not have done it more effectually than by this chance business. I wish I may see you before your other affairs are to ripe. I wish the meeting had been nearer Bath. I shall bring hills with me such as you may want, and let me have all you can in return, and we will finally settle what is to be done. You will have a long letter of yesterday's date; observe the contents, and by no means fail to meet me at Gloucester, on Thursday morning, when the coach come, in, which is at eight o'clock." Another Letter signed George Crossley , London, 11th May, 1795' addressed to Mr. Richard Holland , Skinsreth, Abergaveney'(read). "SIR, "I was much hurt till I had your letter of this date; it has cased my mind much, as things seem to be going right; and pray give my compliments to his Worship. Inclosed you have a hill for 150l. but you must, the same day you pay it away, give me information, and I will see the party on whom it is drawn, and take care it has due honour; the Banks shall be established without delay, but in takes great time, and the payments are coming heavy. 20th May, 100l. due the 2d of June; 50l. the 4th of ditto; two bills 50l. each the 4th, making 200l. all due, &c. "Don't fail to do your part, I will mine; but other affairs have taken up my attention, and I do own, that till I had your letter, I was unhappy, as I did expect it last Thursday; don't spare postage I want to send you the bonds and deeds of Claysdown; say how I can do it safe; and as Mr. Clarke did not approve of the counterpart being exhibited, and has given the original ones for the purpose, say what coach I can send them by safe; and you must then go again to Bath, to make the affidavit; or if you please, you may do it at Bristol which is nearer; and, in that case, say by what coach they shall be sent, and to what in for you to fifith the business; I will apprize you the day they are sent, and by what coach. Don't fail to write, for this also is a good thing, and will now be properly managed." Letter, 2d June, 1795, found at Mr. Holland's, signed George Crossley , 2d June, 1795, (read). "SIR, "I saw the client you recommended; but on any future occasion pray do this business yourself, as he only wanted to borrow money. "I have now advanced 70l. 10s. sixty on account or his bill for the goods, in which your 50l. is included; the ten guineas are paid by order of Monsieur; however let me have the 70l. 10s. by return of post; and it may be best to let him have 40l. more, as he so much presses, but of this do as you please. I told him you ought not to pay for the goods till the sale money was paid to you; let me have that, as I shall be short of cash. Remit me the 70l. 10s. and if you like to pay on account of the goods in hand, remit that also, and it shall be paid as you direct. I am, your's. "GEO. CROSSLEY." Mr. Upsell, 10th April. Bill by Meeke on Upsal, (No. 105), 1st April, 1795, at two months, for acceptance this day, for 50l. 21st April, Holland. Bill 1st April, 1795. 50l. Due the 4th June. A Bill the 8th April, 1795. Court. That we have nothing to do with. A Letter signed William Austin , Hereford Jail, dated Sept. 29, 1795, addressed to Mr. Crossley, Attorney at Law, John's-street, Adelpbi, London, (read). "SIR, It is now almost nine weeks since we have bin in confinement, and have had no support from nobody. Mr. Isgar tells me he have wrote several times, and cannot get no answer; therefore I shall be glad of your answard so soon as possible, to know what we are to do, or what we have to trust, as we have no money to support us beare; have bin some man for the copy of our commitment; he promise to call again in two or days, but have not called since; Mr. Isger have it ready. We should be glad to know how we are to be defended at the Assizes, or how to be maintained; I have been solicited to give evidence, but have declined it yet; but if we are kept in distress, it will be the worse for some people; therefore I should be glad of your answard as soon as possable. We lent Sir John three guineas when he left us, of which we have had two from Lady Brigges, and that is all. Please to direct for William Sweet , at the Ficas, Hereford. "From, Sir, your's, " WILLIAM AUSTIN ." Prisoner's defence. My Lord, I have scarcely been able to hear one half that has passed; I wish your Lordship would permit Mr. Erskine to make some observations for me, as to the letters; I have not been able to distinguish any thing. Court. I cannot suffer your counsel to speak for you. Prisoner. In the situation then in which I stand, I will content myself with my counsel calling evidence; all that is possible for me to relate, is, that I know nothing of the charge; those things which relate to money transactions, have no relation to this will; I know nothing of the will, and have not the least conception; I gave no other answer to Mr. Clarke's letter, than this, I certainly received the letter on Monday, in which it was stated, that some papers were found; but so little it struck me, having no knowledge of this will, that I wrote to Mr. Clarke, charging him, that I suspected, if there was any thing in the business, it must be a draft of his own, and that letter is his answer to me; if the letter is reffered to, it will be seen that it is a letter in answer to one of mine, in which I must have charged him with something. As to the letter of Austin, it is well known, after Sir John Briggs applied to me, to defend him,(there are letters to prove he employed me); he told me he was entirely innocent; I never saw Sir John in my life till after the assizes; as to the evidence of Isgar, there is not a word of truth in it. Court. There is a letter in which you say you have consulted Sir John Scott . Prisoner. That is a letter Mr. Clarke desired me to write, respecting the sale of Mr. Holland's estate. With respect to the entry in the day-book, I have no doubt I shall be able to give a satisfactory account of that, and that the evidence of Isgar in that part cannot be true. That letter, where Sir John Scott is mentioned, must have been wrote from dictation; I have something on my memory, that something of a title to the Holland estate was enquired into. Mr. Erskine. Without breaking throught any of the rules your Lordship has laid down, I shall merely state to your Lordship what I mean to call to first; as the rest of the evidence is all in confirmation of Isgar's evidence; therefore I shall begin with contradicting him, in every part of his testimony that relates to the cause; he denied having spoken to the jailor any thing respecting Mr. Crossley's innocence. (For the prisoner). JAMES GRAY sworn. Examined by Mr. Erskine. Q. You are jailor at Herford? - A. I am. Q. Had you, in your custody, this Mr. Isgar? - A. He was a prisoner with me. Q. He was committed under a warrant of Mr. Barrow, the mayor of that place? - A. He was. Q. Do you remember the time when the information was taken by Mr. Barrow, when he came into the prison? - A. I cannot remember the day, there was an information taken by Mr. Barrow. Q. Do you remember the prisoner at the bar being also committed to your custody? - A. I do. Q.At that time Isgar had been two months in your custody? - A. Near about that time. Q. Had you any conversation with Isgar, previous to the time Mr. Barrow came into the prison to take the information? - A. Not before. Q. Do you remember conversing with him after Mr. Crossley's commitment? - A. I remember his speaking to me after Mr. Crossley was committed to my custody. Q.After Mr. Crossley was committed to your custody, and committed on his information you know? - A. Yes. Q. Did you ask Isgar any question, when he came to accuse Mr. Crossley? - A. I did. Q.What was it you said to Isgar? - A. I menmentioned to Isgar one night, when I was locking him up, particularly on account of having the misfortune of losing some prisoners, I lock them down with a chain; I said, for what, do you accuse Mr. Crossley? I thought there was enough of you without him? Isgar said, I am hauled into a hobble, and must get out as well as I can. Q. That was the answer Isgar gave to your ques tion, how he came to accuse Mr. Crossley? - A. It was. Q. Do you remember, besides that expression you have just now repeated, any other expressions he made use of at the same time? - A. Yes; I do particularly; I asked that in the first place of Isgar, and he said, he was hauled into a hobble, and he must get out as he could; he said particularly he was obliged to swear, in order to get out of the hobble himself; it was as near those words as could be. Q. You have no doubt about what you are now stating? - A. No; none at all. Q. Go on to state the rest of the conversation that took place between you and Isgar? - A. It was not only that time, but several times, he spoke those words, that he was hauled into a hobble, and must get out as he could; I believe not one, two or five times only; he said, he did not think he was so much concerned as some others; I cannot exactly remember the day, it was about the 19th, the words were, he mentioned it particularly, he wished to say to me, I was mentioning it before the prisoner in the kitchen; but he said, he did not think Mr. Crossley so guilty, as to the will in question, as some others, meaning Sir John Briggs , and Mr. Holland. Q. Did he mention their names? - A. Yes. Q. Did he make use of those words before the debtors in the prison? - A. He did, repeatedly, not less than five or six times. Prisoner. Q. State the whole conversation that passed before Justice Combe; I wish you would relate the conversation, and whether that is true? - A. The particulars of the conversation respecting Isgar and me, speaking together, I have mention ed; as to any other parts of the conversation, I have not any thing to say or speak; he positively told me as I have mentioned. Q.Did you say any thing as to your belief? - A. I said, how could you wish to accuse Mr. Crossie, respecting the will; he said, he was obliged to swear it. Q. Did you give any account of the conversation as it took place between you and Isgar, to any Magistrate? - A. I did not, till Dr. Combe called upon me. Q. Was the account you gave him, the true account? - A. It was. Q. If your memory served you to give the same account you do now? - A. Yes. Q.Was it put down in writing? - A. It was afterwards, by my own desire, and Dr. Combe, and Mr. Underwood saw it. Q.Was it by the desire of Dr. Combe and Mr. Underwood? - A. No. Q. Who made it? - A. A prisoner in the jail; it was made the day after; I have the paper in my pocket now. Q.At the time you desired the prisoner in the jail to take it down; when he had taken it down, did you look at it? - A. I looked at it, and read it. Q. You had a conviction it contained the truth? - A. Yes. Q. Can you swear what was taken down by your desire, was what passed between Isgar and you? - A. I have no doubt of it. Court. Q. Do you mean the paper was written the day after the conversation with Isgar? - A. The day after the examination by Dr. Combe. Q. Who is the prisoner that took it down? - A. John Collinson , he is a man under sentence of death. Q. Is he an attorney? - A. No. Prisoner. Upon the 19th of December, the jailer told me exactly what passed as in that paper; that he said, he was obliged to swear it; it remained in that state two months; when I wanted to adduce evidence, I asked him if that was true; and Dr. Combe undertook to examine this man; and Dr. Combe sent to inform me what passed; and Mr. Underwood said, he could say a great deal more; Mr. Gray said, he could say a great deal more; and Mr. Underwood said, let me hear it now. Q.(To Gray.) How long was this paper written after the 19th of December? - A. I think, in the month of January 1796. Q.What time in January? - A. I cannot tell the day; it was the sore part, before Isgar came from Hereford. Court. Q. What you could recollect a month after, you may recollect now without the paper; you can swear with positive certainly, that this man made use of the words you have repeated before? - A. Yes. Cross-examined by Mr. Sergeant Adair. Q. You are the jailer of the county of Hereford? - A. Yes. Q. You received a writ of Hobeas Corpus to bring up a prisoner to-day? - A. I did. Q. What is the reason he is not here? - A. (Produces a paper as the reason). Q. I see what that is; it is a certificate, signed by the person who took the information. What was the person you did not make a return to the writ of Habeas Corpus? - A. He was in such a state of health he could not be removed with safety to his life. Q. If you don't obey the King's writ, why do you not return the cause? - A. I had no cause but from the physician and surgeon. Q. Why did you not return the cause? - A. Because I left the Habeas Corpus to be returned with the body. Q. When did you leave Hereford? - A. This day week, to appear here by a subpoena last Wednesday morning. Q. Look at that paper again, and tell me whose hand-writing it is? - A. Mr. Thomas Combe, the surgeon: Dr. Combe, who is the Justice of Peace for the county and city. Q. When you entered into this conversation with the prisoner Isgar, how long had Mr. Crossley been in your custody? - A. I cannot say how long; it was some time. Q. I ask you a plain question; how long Mr. Crossley had been in custody when you first asked Isgar any question? - A. I suppose some weeks; two or three. Q.Had you known Mr. Crossley before? - A. No. Q. In what part of the jail was Mr. Crossley confined? - A. In a safe room, opposite to where I lay. Q. Where did he board? - A. I found him for a few days, and afterwards he found himself. Q.Did he find your family too? - A. No. Q. How came you to be so anxious about Mr. Crossley? - A. It was mentioned by Isgar first; he said he wanted to get out of this hobble. Q. That was before Mr. Crossley was in custody? - A. After; I asked him again, after he had said something about Mr. Crossley; I asked why he accused Mr. Crossley? he said he had got into a hobble, and must get out by what means he could. Q. Had Isgar said any thing to you upon the subject before he said that? - A. He mentioned particularly, that Mr. Crossley was come here now, or something of that kind: Mr. Crossley is come here now, or come at last. Q. And then you asked him as you have stated to us? - A. Yes. Q. He said he had got into a hobble, and must get out as he could; and you told him you thought there was enough of them already? - A. I did. Q. Are you always so attentive to your prisoners, to prevent more of them coming? - A. I mentioned it to Isgar; he said, he was not so guilty as he thought some others; and particularly mentioned Sir John Briggs and Mr. Holland. Prisoner. I would not have called this man, if I had thought this was all he had to say; I with he would state the whole he has to say. After he told me the story, I sent for the Magistrates, and they came, and examined him, therefore I could do no more; I had doubts of him, left he should turn the tables upon me. THOMAS PRICE sworn. Examined by Mr. Garrow. Q. Do you know Sir John Briggs? - A. Yes. Q.Had you occasion to see him in the month of April, in the year 1795? - A. Yes. Q. Were you in his service? - A. Yes. Q. Had he given any orders, which you, or one of your fellow-servants, was to execute? - A. Yes; he gave me orders, on Sunday the 26th of April, to go to Monmouth, for twenty-five bushels of oats. Q. What oats were they? - A. Oats for selling. Q. Who had Sir John bought the oats of? - A. I cannot tell. Q. You were to go to Monmouth for them? - A. Yes. Q. Where did Sir John give you those orders? - A. In Blackborough-house. Q. How far from Monmouth? - A. Nine miles. Q.About one hundred and forty or one hundred and fifty miles from London? - A. Yes. Q. You are quite certain Sir John gave you those orders? - A. Yes. Q. Are you quite certain as to the day? - A. Yes. Q.Whether any thing passed between Sir John and you, that fixed it on your memory? - A. Neither I nor John Ainsley went, because it was not sitting for the horses to go; it was the Sunday before May-day, when there is a wake in our village. Q.You are sure the Sunday he gave the orders, was the Sunday before the wake? - A. Yes; I have no doubt of it. Q. Did you get any displeasure of Sir John about it? - A. No; only some words about it. Q. Did you get a good scolding about it? - A. Yes. Q. When did Ainsley leave Sir John? - A. On the Monday following; he stopped a shilling of his wages, because he did not go for them. Q. You are sure he parted with Sir John on that day? - A. Yes. Q. You are sure the May-day was between the Sunday you ought to have gone, and the Monday when he was turned away? - A. Yes. Cross-examined by Mr. Mills. Q. Where do you live? - A. In the parish of Skintreth; I live still under Sir John. Q. Do you know where he is? - A. No, I do not. Q. How long have you lived with him? - A. Two years, in May. Q. Who did you first mention the story of the oats to? - A. To my brother. Q. When did you mention it to your brother? - A. The Sunday before May-day that he was to fetch the oats. Q. Who did you first tell this story to; who has brought you here? - A. Captain Briggs. Q. When did you tell Captain Briggs about it? - A. He examined me about it. Q. Then he put into your head about Sunday the 26th? - A. No, he did not. Q. How came you to remember it was the 26th? - A. Because my brother went away the Sunday following. Q. How long ago did Captain Briggs examine you about fetching the oats? - A. About a month ago; he asked whether I was ordered to fetch the oats about that time. Q. He fixed the time when you were to have fetched the oats? - A. He asked about the time, if I could remember upon what day that order was given to fetch the oats. Q. Can you remember any one thing that you were ordered to do the Sunday before? - A. No; I cannot. Q. Where was your master the Sunday after? - A. At home; because he paid off my brother. Q. Do you mean your brother servant, or was he related to you? - A. My brother by the same mother. Q. You cannot recollect any order on the Sunday before? - A. No. Q. How long was Sir John from home the week before? - A. I cannot tell; what I have said I will prove, and nothing else. Q. Who was you to fetch the oats from? - A. A man of the name of Davis; I fetched them on Tuesday; he lives almost at the bottom of Monmouth-street, in Monmouth. Q. Is he here? - A. I cannot tell; I cannot understand that he is. Mr. Garrow. Q. He was not at Sir John's house? - A. No. Q. When Capt. Briggs asked you, if you remembered fetching the oats about that time, you immediately remembered the day? - A. Yes. Q. You are certain Sir John was at home on May-day? - A. Yes. Q.There is but one May-day in a year in your country? - A. No. Mr. Sergeant Adair. Q. Was it new or old May-day? - A. New May-day. Court. Q. What did you mean by telling us you did not know who you were ordered to go to, to fetch the oats? - A. I cannot tell the man's name. Q. Did not you know from whom you were to fetch them? - A. I know where the man lives. Q. Don't you know his name? - A. I believe his name is Davis; I am not certain. Q. When did you fetch them? - A. On the Tuesday after the Sunday. JOHN AINSLEY sworn. Examined by Mr. Erskine. Q. Do you remember being at the house of Sir John Briggs , the end of April? - A. Yes. Q. What took you there? - A. I lived there that time. Q. Was Sir John at home? - A. Yes; he ordered me to go for five bushels of oats, on Monday to Monmouth. Q.Who was you to get them from? - A. I don't know; I was to have had a letter, if I went, in the morning. Q.Why did not you go? - A. I had not thing proper to go. Q.How long after that did you continue in the service of Sir John? - A. Till May-day . Q.Why did you leave him? - A. I was hired till May-day, and I had got another master. Q.Did he grumble at your not going? - A. Yes. Q.What do you mean by not having the thing to go? - A. I had not the tackle for the mules. Q.Was any of your wages stopped? - A. Yes a shilling; because I did not go that day. Cross-examined by Mr. Russell. Q. You receive the orders from Sir John himself? - A. Yes. Q.Where? - A. In Blackborough-house. Q.You are sure it was Sir John gave you the orders himself? - A. Yes. Q. Did he tell you where you were to go? - A. No; he did not. Q. Then if you had had your tackle, where were you to have gone? - A. I was to have had a letter from Sir John in the morning. Q. Had Sir John been out some time? - A. cannot tell. Q. What time of the Sunday morning did you receive those orders? - A. About eleven or twelve o'clock in the kitchen. Q. How long before that had you seen Sir John did you see him on the Saturday? - A. Yes; Monmouth. Q. What time does Sir John dine; what time did he dine that day? - A. Between two and three o'clock, to the best of my remembrance. Q. Did any company dine that day? - A. I car not tell. Q. Did Sir John give you the letter that morning? - A. No; I did not see him till ten o'clock that morning. Q. What did he say when you saw him? - A. He grumbled that I had not gone, and cursed an swore. Q. Did not he ask you why you were not gone? - A. Yes, he did; he had left a letter with the cook for me. Q. Did you ever receive that letter? - A. No. Q. Did you ever see it? - A. No. Q. How do you know he left it with the cook? - A. She told me, when I came in to breakfast, between nine and ten o'clock. Q. Did she give you the letter? - A. No; Sir John had it back. Q. How came it to be given back? - A. I was not in the house to receive the letter. Q. When did you go to Monmouth? - A. I did not go at all. Q.What is the cook's name? - A. Nancy. Q. Is the here? - A. No. Q. When did you first tell this story to any body that you were to go to Monmouth, but had not the tackle? - A. I never told it to any body. Q.Not till you came here? - A. No. Q. How came you to come here? - A. That is all I have to say; and if you wish to hear it, I will tell it you over again. Q. Where did you dine that day? - A. At Sir John's. Q. Where did your brother dine? - A. With me. Q. Were there any strangers there? - A. Yes. Q. In the parlour or in the kitchen? - A. In the kitchen. Q. When were you applied to to come here? - A. Last Friday week. Q.You never told any body this story? - A. No. Mr. Erskine. Q. Your master knew it very well? - A. Yes. Q. Your brother went for the oats, and you did not? - A. Yes. Q. Who asked you what Sir John did that day? - A. My brother asked me if I recollected it. Q.When did he ask you? - A. About a month ago. Q.What did you say to him upon that? - A. I said, I remembered the time very well. Court. Q. How came it the cook did not give you the letter early in the morning? - A. I lodged out of the house. Q. Did your brother lodge out of the house? - A. Yes. Q. Is it usual to go to work without coming into the house? - A. Yes. Q.Where did you work? - A. In cropping the hedge, about one hundred and fifty yards from the house. Q. What time did you come to work? - A. About six in the morning. Q. Did the cook give any reason for not bringing the letter to you? - A. No; she did not. Q. You and your brother both worked there, one hundred and fifty yards from the house? - A. Yes. Q. You were told over night you were to have a letter? - A. Yes. Q. Did Sir John tell you he would leave it with the cook? - A. No; he said, he would leave it in the kitchen. Jury. Q. Were you a yearly servant? - A. No. Q. What do you mean by your time being out on May-day? - A. I was hired by the week. Q. When did you find the tackle out of order? - A. Four or five days before. Q. Why did you not tell your master of it? - A. I found it out of order on Sunday night. Court. Q. When did you find the tackle out of order? - A. I cannot tell, I had never used the tackle. Q. How long had you been there? - A. Four or five weeks. Q. You did not know it on Sunday evening? - A. Yes; I went to look at it between five and six o'clock. Q. Was there any other tackle wanting but a bridle for a mule? - A. Yes; a saddle and girths. Court. Q. Were you both ordered to go and fetch the oats? - A. No; I only. Court. Q. There was no order given to your brother to go? - A. No; only me. GEORGE TYLER sworn. Examined by Mr. Fielding. Q. Where were you in the month of April last year? - A. At home, in Monmouth. Q. Were you at home on the 25th of April? - A. Yes. Q. Do you remember the May-day in that year? - A. No, I do not. Q. Do you keep a shop in Monmouth? - A. Yes; a shoemaker's shop. Q. Did you see Sir John Briggs in Monmouth, that day? - A. According to my book, there was a pair of shoes entered for Miss Briggs; to the best of my remembrance Sir John fetched them himself. Q. Your recollection leads you to the day from looking at the day-book? - A. Yes. Q. That you have no doubt of? - A. No. Q. You believe Sir John took them home on that day? - A. Yes; I believe, he did. Cross-examined by Russell. Q. How far does Sir John live from Monmouth? - A. About ten miles, or hardly so much. Q. Have you got your day-book here? - A. I have it in town; but I was told, there would be no occasion for it. Q. If it happens to be otherwise in your book, you are wrong, and your day-book is right? - A. Yes. Q.Who told you there would be no occasion for it? - A. Young Mr. Briggs, since I was in town; he subpoened me; he came and looked over the book, and asked me if I recollected that circumstance. Q. How long ago did he come and look over your book, at Monmouth? - A. Last week but one; the Thursday or Friday; it was the Thursday before I set off, or the Friday. Q. How long has Mr. Briggs been acquainted with Mr. Crossley? - A. I know nothing of Mr. Crossley. Q. Were you never applied to by Mr. Crossley, or any body connected with him? - A. No; I don't know any body else. Q. Were you applied to by any body but Mr. Briggs, to come and give evidence? - A. No. Q. Did he ever come to look over your book before the week before last? - A. No; I thought he was come to pay a bill; and he desired to look over the book. Q. He said, he had lost the bill, and desired to look over the book? - A. There was no other reason. Q. Did you make out a fresh bill, on his looking at the book? - A. No. Q. You were not desired to make out a fresh bill when he looked at the book? - A. No; I will relate, if you please, what happened on his looking at the book. Q. Did he apply to you after having looked over the book? - A. No. Q. Did you look over the book with him? - A. Yes; he looked over the articles; when he came to the 25th, he asked, if I recollected who they were for, and I said, yes. Q. Was the name entered to the article? - A. No; I remembered the circumstance; we sometimes enter the names, and sometimes not. Q. How do you make out who the shoes are for, if you don't enter the names as well as the work? - A. I recollected this. Q. How do you make out the bills if you have not the names of the persons for whom the work is made, as well as the work? - A. Sometimes by the price. Q. If you don't put down names, how do you make out who the work is for? - A. I know by the price; I never expected to be asked any questions about it; I always know by the price. Jury. Q. Do you keep a book for every family you make shoes for? - A. No; the same day book. Q. To-day, for instance, you might have forty customers; how do you distinguish them? - A. I put them down, and take them off on Saturday night. Mr. Russell. Q. What did he say to you? - A. He asked who the shoes were for; he did not give any reason; he asked, who fetched them; I said, I believed, his father. Q. Did he say any thing about the book, afterwards? - A. No; A person told me, it would be best to bring it. Q. Who told you at Monmouth, it would be best to bring the book? - A. Mr. Hollings; I asked him if I had best bring the book; he said, it was best; I told Mr. Briggs, I had the book in town; he said, there was no occasion for it. Q. How came you to tell him you had the book in town? - A. I was coming this way with the book; he saw me with it under my arm; he said, there was no occasion for it. Q. Were you coming down here to the trial? - A. I was coming to enquire when it was to be. Q. How came you to bring the book under your arm? - A. I brought it, and left it with a friend in Newgate-street. Q. Where did you lodge? - A. In Newport-street; I took it back to my lodging, when he told me there was no occasion for it. Mr. Garrow. Q. When he desired to look at your book, what did you turn to? - A. To the bill of the family. Q. Where does Miss Briggs live? - A. At Blackborough, with her father. Q. When you turn to the bill of the family, you know who the shoes are for by the price of the article? - A. Yes. Q. You know a pair of shoes of two shillings cannot be for the master of the family? - A. Certainly not. GRACE BRIGGS sworn. Q. You are the daughter of Sir John Briggs? - A. Yes. Q. Where did you live on the 30th of April last? - A. At Blackborough. Q. What day of the year is Skinfreth wake? - A. On May-day. Q. Do you recollect seeing your father any day before Skinfreth wake? - A. The Sunday before. Q. How do you know he was at home that day? - A. He brought me a pair of shoes. Q. What day did he bring them? - A. The Sunday before May-day. Q. Who did he bring them from? - A. I don't know; he brought them on the Saturday evening, and made me a present of them on Sunday. Q. Was he at home on the Saturday? - A. Yes, and the next day. Cross-examined by Mr. Russell. Q. When did you recollect about these shoes? - A. I cannot say. Q.Did you recollect it yourself, or did any body say any thing to you? - A. I recollected it myself, and told it to my brother. Q. How long ago? - A. I cannot say. Q.Within this month? - A. Yes. Q. You don't know who made them? - A. No. Q. Then you were not measured for them? - A. My father carried a measure. Q.What was it? - A: A piece of stick. Q. When did your father carry the measure? - A. I don't know. Q. Who is your shoemaker? - A. Charles Tyler . Q. Are you sure that is his name? - A. Yes. Q. Has he any brother? - A. I cannot tell. Q.Do you know that hand-writing (shewing her a paper)? - A. I cannot swear to it. Q. Did you ever see your brother write? - A. Yes; I never took notice of his hand. Q. Have you any opinion about it, whether it is his writing or not? - A. I never took much notice of it; I cannot tell. Q. He is in the militia? - A. Yes. Q. He never used to write to you? - A. No. Q. Do you mean to swear you don't know the hand-writing of your brother? - A. I cannot swear to it. Q. Do you believe it is his writing; is it like it? - A. Yes. Q. Do you doubt that it is hand-writing? - A. Yes. Q.Read it (reads it to herself)? - A. I don't know; I should not like to swear to it. Q. What is your opinion one way or other? - A. I cannot say. Q. Have you no opinion one way or other? - A. No. Q. How many servants did your father keep in April? - A. I did not take particular notice; there were a great many at work. Q. Many that he might have sent for these shoes? - A. Yes. Q. You cannot tell within three or four how many he had? - A. Three or four or so; John Ainsley , Thomas Price , John Hinton , and another. Q. How many maid servants? - A. Only one. Q. In what capacity? - A. To do any thing wanting. Q. What was her name? - A. Nancy Jones . Q. Who dined with your father on the day he brought the shoes? - A. Nobody but his children and my mother. Q. How many dined at home? - A. Four or five of us. Q. What was the man servant that waited at table that day? - A. Nobody but the maid. Q. All the men servants your father kept were hedgers and ditchers? - A. Yes. Q. Is John Hinton here? - A. No. Q. Your father never kept a footman? - A. Not of late years. Q. What were the other six, when he kept ten, for? - A. The farmer's business. Q. Were your fillers at home on that day? - A. There were none old enough to remember any thing. Q. You have a sister younger than you? - A. Yes. Q. Where is she? - A. At her grandmother's at Monmouth, Q. What were these shoes? - A. Common leather shoes. Q. Do you remember the Tuesday after any of the men going to Monmouth for oats? - A. No; I do not concern myself with them. Q. Did the servants, you have mentioned dine, on the Sunday at the house? - A. I cannot tell that; sometimes I might not be in the way, and they might not all come at the same time. Q. What makes you remember that Sunday particularly? - A. Because it was the Sunday before May-day, and my father promised to bring them. Q. Were you to go out any where that day? - A. No. Q. Did you go out any where? - A. Only for a walk in the fields. Q. Since this time have you mentioned this circumstance to any body else? - A. Yes, to Mr. Fraser. Q.Fraser is a clerk to Mr. Crossley? - A. Yes. Q. He examined you? - A. He asked me some questions. Q. Was your brother with you when Mr. Fraser examined you? - A. Yes. Q. Did he go with you to Mr. Fraser's? - A. No; he came where we were. Q. Had you ever seen Fraser before? - A. Yes, once; he happened to pass through the country, and called at the house. Q. Do you mean by happening, that it was by accident? - A. I cannot tell. Q. How long is it ago that he called; is it a month? - A. More than that. MARGARET FRASER sworn. Examined by Mr. Erskine. Q. You are the wife of Mr. Fraser? - A. Yes. Q. You are acquainted with the prisoner? - A. Yes. Q. Your husband was his clerk? - A. Yes. Q. Do you recollect going any where, and to what place, on Saturday the 25th of April? - A. I do; on Saturday, the 25th of April, I went from Mr. Crossley's house, in the Adelphi, with Mr. and Mrs. Crossley, in their phaeton. Q. What time of the day, of that Saturday, did you go? - A. I cannot positively say; but in the afternoon. Q. Where did you sleep that night? - A. At the Talbot, in Ripley, on the Guildford road; on Sunday morning I went off with Mr. and Mrs Crossley through Guildford, and stopped at Farnham, where we dined, and saw one John Upsall , who had been on horseback further in the country, to meet a Mrs. Meeke; from there we went and stopped at the White-hart, at Bagshot, they slept there, and Up-fall also. Q. You had come that morning from Farnham? - A. Yes, we dined at Farnham in the morning; we came home on Monday evening, about four or five o'clock to Mr. Crossley's house, and Mrs. Meeke was there waiting. Q. You speak prositively to that? - A. Upon my oath Mrs. Meeke was there, at Mr. Crossley's house, waiting for Mr. Crossley. Cross-examined by Mr. Sergeant Adair. Q. Your husband was the confidential clerk of Mr. Crossley? - A. He was his clerk. Q. The clerk that managed all his business? - A. Yes. Q. Who was Mr. Upsall? - A. A relation also. Q. And a clerk? - A. Yes. Q. Who is Mrs. Meeke? - A. A lady of fortune, and had her affairs in Chancery. Q. Did Mr. Crossley's business allow him to spend all his Sunday's out of town? - A. He generally went out of a Sunday. Q. Perhaps he was never at home on a Sunday in the season? - A. I cannot say; I was not always at home myself. Q. The Sunday before was he at home? - A. I was out that Sunday myself. Q. The Sunday after? - A. I don't know; that Sunday was the last Sunday in the month, the Friday following was May-day, which we remarked, and said, we should go out in a party. Q. Did you go out that day? - A. Yes. Q. Did Mr. Crossley go? - A. No. Q. Do you know Isgar? - A. I have heard the name. Q. Did Mr. Crossley stay at home on the 1st of may to do any business for him? - A. I do not know. Q. Did you see him there that week? - A. No; I have not seen him there for a twelvemonth. Q. Have you any reason to know whether he was in town that week? - A. No. Q. You did not see him at Mr. Crossley's that week? - A; No. JOHN UPSALL sworn. Examined by Mr. Garrow. Q. I understand you are a relation of Mr. Crossley's? - A. I am. Q. You are employed by him in his office? - A. Yes. Q. Do you remember going out of town the latter end of April, and what day? - A. Yes, on a Thursday; I went to Wickham. Q. How did you go? - A. On horseback. Q. Who did you go to see there? - A. Mrs. Meeke. Q. When did you return from Wickham? - A. On Friday night. Q. Did you see Mr. Crossley on Sunday? - A. Yes. Q. Where did you see Mr. Crossley on Sunday? - A. At the Lion-and-Lamb, Farnham. Q. Did you come to London at all till you met Mr. Crossley? - A. No. Q. That was on the Sunday? - A. Yes. Q. Who was of Mr. Crossley's party? - A. Mr. and Mrs. Crossley, and Mrs. Fraser. Q. Did you dine there? - A Yes. Q. Were they the persons you dined with at Farnham? - A. Yes. Q. What carriage did they come in? - A. Mr. Crossley's Pharton. Q. Where did they go from there? - A. To Bagshot, the white-hart. Q. How long did you continue at Bagshot? - A. We slept there. Q. When did you return to London? - A. On Monday evening. Q. What time? - A. After dinner. Q. What time did you meet with the company at Farnham? - A. Between two and three o'clock. Q. Are you positive, from the time you saw him at Farnham, he was never out of that company? - A. Yes. Q. He could not have been in London to transact business? - A. No. Q. Where did you see Mrs. Meeke? - A. I met her coming to London. Q. Did you hud her here in town? - A. Yes. Q. What was the business she came about? - A. To swear'a further answer to a suit in Chancery. Q. When was that answer sworn? - A. On Tuesday the 28th. Q. Did you attend the swearing of that? - A. Yes. Q. You are sure it was the 28th? - A. Yes. Q. You are sure the Sunday you were at Farnham was the Sunday before the swearing of that answer? - A. Yes. Cross-examined by Mr. Mills. Q. You are a relation of Mr. Crossley's? - A. Yes. Q. You are connected with him in business? - A. Yes. Q. Have not you been in the habit of accepting bills for Mr. Crossley? - A. Yes. Q. They had some trouble to find you; where had you been? - A. I was in the country, but I have been publickly in town this two months. Q. Mr. Crossley knew that? - A. He knew I was in town. Q. Mr. Crossley said, you were not to be found; that you were gone out of the way for fear of an arrest; is that true? - A. Yes. Q. You had written to Mr. Crossley frequently? - A. No. Q. Do you know that hand-writing in that book? - A. I do not. Q. Is it Mr. Crossley's? - A. No, it it is not. Q. Look at the bottom, have you ever seen that hand-writing? - A. I don't know the writing. Q. Look at that, (shewing him a letter,) have you seen that before? - A. I may, I don't know. Q. Have you seen any body write like that? - A. No. Q. Do you know whose hand-writing it is? - A. No. Q. Do you think you have seen such writing before, and know a person who does write like it? - A. No, I do not. Q. Wickham was the place you were at? - A. Yes; in Hampshire. Q. What time did you meet Mr. Crossley at Farnham? - A. Between two and three o'clock, it might be later Q. What time did you dine? - A. Between three and four o'clock; we were there some time before dinner. Q. How many miles is Wickham from London? - A. I don't know. Q. How many miles is Farnham from Wickham? - A. I don't know. Q. Forty? - A. I don't know. Q. Twenty? - A. It was more than that. Q.Having rode it in the morning, you don't know how far it is? - A. No. HENRY AUSTIN sworn. Examined by Mr. Garrow. Mr. Garrow. My Lord, I am going to contradict the evidence of William Austin being at a particular place on a particular day. Q. Are you related to William Austin? - A. Yes. Q. Do you recollect seeing any thing of him on the morning of the 26th of April last? - A. Yes. Q. What day of the week? - A. On Sunday. Q. What time of the morning did you first see him? - A. About ten o'clock, to the best of my knowledge. Q. Where did you see him? - A. At the house of Joseph Robinson Smith, No. 1, Charles-street, St. James's-square. Q. How long did he continue there with you? - A. About half and hour. Q. What other persons were there? - A. Mary Saxby , Mary Smith , and Joseph Robinson Smith. Q. Did you dine there? - A. No. Q. How long did you continue at the house? - A. About half an hour. Q. Who went away first? - A. I went out, and Austin walked out with me; I left him with Robinson Smith, he came out with us. Q. How soon did you part with him after you left the house? - A. In about ten minutes. Q. How soon after did you see him again? - A. I went in about half past two, and found him there sitting in a great chair. Q. Had the family dined? - A. Yes. Q. Had he the appearance of having dined there? - A. They told me he dined there. Q. How long did you continue there then? - A. About half an hour; we agreed to take a walk, Austin, Smith, and me. Q. How long were you together then? - A. Till ten o'clock at night; I was not out of his company more than five minutes all the time. Q. Except when you parted with him at eleven, you were in his company the whole of the day? - A. Yes; from half past two, till ten o'clock. Q. What makes you remember the day? - A. He said the Bath races were to be on Tuesday the 28th, that was the Sunday before. Q. Have you any doubt the day you were speaking of was Sunday the 26th? - A. No. Cross-examined by Mr. Mills. Q. What time in the day did you first see William Austin? - A. Between ten and eleven o'clock. Q. In what room was he? - A. The parlour, the front room; there was Mr. Austin, Mrs. Saxby, and Mr. Smith. Q. What was the subject of your conversation? - A. Nothing at all; he only asked me how I did. Q. Did you know he was in town? - A. No; I went accidentally and found him there. Q. Did you ask him why he came to town? - A. No. Q. Did you ask him when he was to go out of town? - A. He said he should go on the morrow, if he could accomplish his business. Q. Did any body happen to come in during this half hour? - A. No. Q. You walked out together? - A. Yes. Q. Where did you part? - A. At Charing-cross. Q. Which way did Robinson, Smith, and he go, when you left them? - A. I don't know; I left them standing still, they said they were going back. Q. Did you see any thing more of them till after dinner? - A. No. Q. In the afternoon, where did you find him? - A. Sitting in the chair, almost asleep, and nobody in the room but him. Q. How long were you there together? - A. About half an hour; then Mr. Smith came in. Q. What was the conversation? - A. Nothing; only we agreed to take a walk. Q. Where were you to walk to? - A. Charles, Webb's. Mary-le-bonne. Q. Did you meet any body you knew in the way? - A. No. Q. Did you stop any where? - A. At a house in St. Martin's-lane, to drink. Q. Do you know Isgar by sight? - A. Yes. Q. Did you happen to see him at Noads's that day? - A. Yes; he did come in. Q. How long did he stay with you? - A. About a quarter of an hour; we had but one tankard of beer. Q. What did he say when he came in? - A. I don't know. Q. Did not he speak to you? - A. No; he did not know me. Q. Did he speak to Mr. Smith? - A. No; he did not know me. Q. How did you know Isgar? - A. I lived at Bath, and had seen him. Q. You are sure you met nobody you stopped to speak to in the way? - A. No. Q. When you came to Charles Webb 's, was he at home? - A. No; but his wife was. Q. Were there any children in the room? - A. Yes. Q. Did you drink tea there? - A. Yes. Q. At Webb's? - A. Yes. Q. Where did you go to from there? - A. We returned strait home. Q. You stopped no where by the way? - A. No; nor met any body. Q. Do you recollect what sort of weather it was? - A. No, I do not. Q. Was it fair, or rainy? - A. It was dry weather. Q. Was it dark, or moon-light? - A. I cannot say. Mr. Garrow, Q. You have seen Isgar at Bath? - A. Yes. Q. He is a very notorious character there? - A. Yes; as far as I have heard of him. Q. It is difficult to be in Bath without hearing of him? - A. I never heard-much of him. Q. Did you ever hear any good of him the little you did hear? - A. No. Court. Q. Isgar had this bad character while you knew him at Bath? - A. Yes. Q. Did your uncle and he seem to be upon good terms? - A. They were talking, but nothing but what every man might hear; I did not hear any of the conversation at all, they drank together, I believe they came up from Bath together. SARAH WEBB sworn. Examined by Mr. Erskine. Q. Do you know the last witness, Henry Austin? - A. Yes. Q. Do you remember his coming to your house at any time towards the end of April? - A. Yes. Q. What day was it? - A. On the 26th. Q. What makes you think it was that day? - A. Because William Austin was along with him, and he said, he must go on Monday or Tuesday morning, because it was Bath races. Q.At what time did they come to your house? - A. As near as I can guess, a little aften four o'clock. Q. Who came with them? - A. Henry Austin, William Austin , and Mr. Robinson Smith. Q. Was your husband gone out? - A. Yes. Q. Did they drink tea with you? - A. Yes, they did. Q. How long did they stay with you? - A. Till past eight o'clock. Q. You are quite sure, with respect to the day? - A. Yes. Court. Q. What time did they go home? - A. Ar past eight o'clock, as near as I can recollect, and they said they were going to Robinson Smith 's. Cross-examined by Mr. Knowlys. Q. Have you been long acquainted with Austin? - A. I know William Austin perfectly well. Q.How long had he been in town? - A. I don't know that he had been in town either time before that year, I had not seen him for above a year and a half. MARY SMITH sworn. Examined by Mr. Garrow. Q. What relation are you to Joseph Robinson Smith? - A. I am his wife. Q. Be so good as tell us whether you recollected, upon Sunday the 26th of April, seeing William Austin? - A. Yes, perfectly well. Q. Do you know a person who has been examined here of the name of Henry Austin? - A. Yes. Q. A nephew of William's, I understand? - A. Yes. Q. Where did you first see William Austin in the course of that morning? - A. He came to our house between nine and ten in the morning; he breakfasted there; he went away after breakfast, and returned to dinner between one and two. Q. Who was your party at dinner? - A. No one but my husband, myself, Mary Saxby and William Austin. Q. Did you see any thing of Henry Austin afterwards? - A. Yes; Henry Austin came after dinner, and William Austin was sitting in the great chair, when he came in; I supposed he was asleep. Q. What became of these parties after Henry Austin came in? - A. They asked one another if they would take a walk; they agreed to take a walk, and drink tea with my sister, Sarah Webb ; my husband; and William and Henry Austin went there. Q. Who returned back with them from your sister's? - A. Mr. Webb came back with William and Henry Austin , and my husband; they came back at eight or nine o'clock. Q. What became of them after? - A. They all supped at my house; I think it was about half past eleven when they went away. Q. You are quite certain the day you have been speaking of was Sunday the 26th of April? - A. I asked him when he was going out of town, upon the Tuesday, that makes me certain, I saw him on the Tuesday, and asked him why he went so soon, he said, it was Bath races, and he had promised to be there. Q. Have you learned since, that in point of fact, the Bath races were that week? - A. Yes. Q. You are sure this was the Sunday before that Tuesday that he went to Bath races? - A. I am sure of that. Cross-examined by Mr. Dauncey. Q. When were Bath races? - A. On the Tuesday. Q. William Austin is your brother? - A. Yes; he was a builder at Bath. Q. What occupation did he follow at Bath after he was a builder? - A. I did not know that he had given up building; he mortgaged his own houses to my brother Henry in the country, and looked after his houses. Q. Did he happen to live in one of those houses? - A. I believe, he did. Q. Did you ever see him there? - A. I saw him there two years ago in my return to London; I slept there with my sister one night. Q. There was a house adjoining to it? - A. I don't know; there was a row of houses. Q. Was there any communication internally between the house he lived in and the next; don't you know who was the inhabitant of that other house? - A. No; I don't; I went in the evening, and came off with the coach next morning. Q. How many women lodgers were there in that house that you knew off? - A. I never saw but one, and I never knew any more. Q. Don't you know from your brother what sort of a househe kept? Mr. Garrow. That is certainly not evidence. Q. your brother is a man good character, I suppose? - A. I never heard any think to the contrary, till this business. Q. Of course you never you did? - A. I never did. Q. Upon your oath, have you never said, your brother did not bear a good character? - A. Never, upon my oath. Q. Has your brother any other sister of your name? - A. I sister of the name of Webb. Q. But no other sister of the name of Smith? - A. No; Mr.Stokes examined me to taht, and I denied it then. Q.You are the wife of Robinson Smith ? - A. Yes. Q. Henry Austin was not at your house till after dinner on that day? - A. He was not. Q. William Austin was there in the morning? - A. Yes; between nine and ten he breakfasted, and, I believe, it was half past eleven, when he went away; he came in by the Bath coach that morning; at least he told me so. Q. Henry Austin came after dinner; when Henry came after dinner, I think, you said, you and William were in the room, and William Austin was sitting in the chair, sleeping? - A. I thought so; I don't know whether he was or not; I was in the room adjoining; when Henry Austin came in, the room was so very close I heard him come in. Q. Could you see into the room at that time? - A. Yes. Q. That was the reason then that you knew? though you were in another room, that he was sitting in a chair, as if asleep? - A. Yes; facing of me, as you are. Q. How long had you dined, at that time? - A. We had dined a little before two o'clock; it was about a little before three when they had dined; they went away about half past three. Q. Do you mean to say you know how long they staid? - A. I cannot say to the moment. Q. But as long as they staid with you, you saw them? - A. Yes. Q. When Henry Austin came in, did he join in the conversation? - A. There was no conversation; only they asked how one another did, and agreed to take a walk. Q. You staid with them till they set out to your sister's? - A. Yes. Q. Upon your oath, was nothing said about Bath races at that time? - A. No. Q. Nor did you know any thing about Bath races till the Tuesday following? - A. No. Q. Then if Henry Austin ha said so, it must be a mistake of your's or his? - A. I cannot account for him or them. Q. You have learned since that Bath races were the next Tuesday? - A. Yes; my brother, Webb, told me so. Q. That is all the knowledge you have of when Bath races were? - A. Yes. Court. Q. You never heard any thing of the Bath races till the Tuesday? - A. No. Q. Then Austin told you of it? - A. Yes; I asked him why he was to return to Bath so early, and he said, he must go to Bath races. Q. How came you to be so particular about this day; who told you about the 26th of April being material? - A. I never heard any thing material, to my knowledge, till I was subpoened, and I thought it right to recollect myself. Q. But who told you the 26th of April would be a day particular upon this occasion? - A. Nobody. Q. Not till you came here? - A. Yes; Mr. Webb told me that the Bath races were on that Tuesday that he went out of town; he said, he had promised to be there on that day. Q. Who told you before you came here that the 26th of April could be a day that would be particular? - A. I cannot say. Q. You have taken more particular notice of that day than any other? - A. Yes; I thought it was very useful to take notice of that day. Q. Why did you think it more useful to take notine of that day than any other day? - A. When I was subpoened. Q. But when you were subpoened, how came you to think that day more necessary to recollect than the other? - A. I understood from them that it was the day of the Bath races. Q. Where have you been this day? - A. Here, in different companies. Q. What one of the witnesses have you seen since you have been here? - A. A great many. Q. Who were the last you saw when you came in? - A. I suppose there were twenty sitting with Mr. Stokes's witnesses. Q. You have been sitting in a room all this morning; so that you have not learned this story of the 26th of April till to-day? - A. Yes. Q. But then you knew it was a material day before to-day? - A. Yes. Q. How were you taught that it was material? - A. I never was taught. Q. Then it was by mere accident that you thought it material? - A. When my brother was taken up, and I was subpoened, I thought it right to recollect. Q. Where did he lodge when he was in town? - A. I have heard him say he lodged in St. Martin's-lane; I could not accommodate him. Q. Do you know Isgar? - A. I have seen him at Hicks's-hall. Q. When Henry Austin was in your house was any thing said to him, by your brother, about his having come up from Bath with Isgar? - A. not in my hearing. Q. What sort of a day was it? - A. A sine day. Q. You did not go to Mr. Webb's? - A. No; I never was out of the apartments. Q. Nobody had dined with you that day? - A. only Mrs. Saxby. Mr. Garrow. Q. Did you attend before the Grand Jury? - A. I was subpoened there by Mr. Stokes. Q. And you have attended here upon the subpoena from Mr. Stokes? - A. Yes; a very unnataural thing, I think. Q. Mr. Dauncey. Q. How came you not to come down when you were called? - A. I went over the way after my cloak, and left word where I was gone. Court. Your brother came up to town on Sunday morning? - A. The 26th of April. Q. What time of day? - A. Between nine and ten, to the best of my knowledge; I asked him what he came to town for, and he said, there was some gentleman in Bath making interest to get him into the Custom-house; I cannot particularly say that he said in Bath, but some friend of his. Q. He did not tell you who he was? - A. No. Q. Did he tell you before he went away whether he had seen the gentleman? - A. No; I asked him if he had succeeded in his wishes; he told me he did not know whether he had or not. Q. When did you ask him that? - A. Just as he was going away. Q. Was it morning or evening? - A. The afternoon. CHARLES WEBB sworn. Examined by Mr. Erskine. Q. You are the husband of Mrs. Webb who has been examined? - A. Yes. Q. Do you remember seeing William and Henry Austin any time the end of April? - A. I remember seeing them one Sunday in April; they drank tea with my wife; I was not at home; I came home about eight o'clock; they were not there then. Q. Where did you see them then? - A. They had been gone about five minutes; I went down to Robinson Smith 's about nine o'clock. Q. Did you find them there? - A. I went on purpose to meet them there. Q. How long did you stay there? - A. I stopped, I believe, about two hours; it might be rather more; it was past eleven before I left them. Q. Did they remain as long as you did? - A. I left William Austin there, and Mr. and Mrs. Smith there; Henry Austin was gone; he went three parts of an hour, I believe, before I went. Q. What is your reason for believing this was the 26th day of the month? - A. I have no reason than that I saw William Austin on the Tuesday, and he said, it being the first day of Bath races, he should have been there by good rights; and in order to know that the Bath races began on the 28th, I went to see the Racing Kalendar, and it was so. Q. You are sure it was the Tuesday following that Sunday? - A. I am very sure of it. Cross-examined by Mr. Ruffell. Q. How soon after they went did you follow them? - A. I got there about nine o'clock. Q. Did you see Henry Austin there? - A. Yes. Q. How long did he stay with you? - A. He stopped till about ten, or a little after. Q. Did you learn from them how long they had been there before you? - A. No; I did not enquire; it was about nine. Q.What time did you go away? - A. About eleven or a little after. THOMAS CRUMP sworn. Examined by Mr. Erskine. Q. Do you remember being at the house of James Morgan , before the suneral of Mr. Lewis? - A. Yes. Q. What day was it? - A. As near as I can recollect, the 15th of January. Q. Do you remember Sir John Briggs coming in that night? - A. Yes. Q. The night before Mr. Lewis was buried? - A. Yes. Q. About what time did Sir John come in? - A. To the best of my remembrance, it might be about seven, or somewhere thereabouts. Q. He came on horseback, did not he? - A. Yes; and Mr. Morgan came and asked him in; Mr. Morgan could not stop, because he was going to the funeral on the morrow; he said, he had been in the passage looking for Mr. Lewis's saddlebags, but he could not find them; he damned his sister-in-law; he said, he thought it was wrong of her, that the had not asked, whether he had made a will or not. Q. Where was this, in the parlour, or where? - A. In the kitchen, by the fire. Q. How long did you stay in the kitchen? - A. I stopped there till between ten and eleven; I cannot justly say for half an hour either way. Q. Did you stay there till Sir John's horse was called for? - A. I cannot say; he was not come out however. Q. Where was Sir John all the time you were there? - A. In the kitchen, by the fire. Q. If any body has said he went to the parlour it is not true? - A. No; all the time I was there he was not out of the kitchen. Q. Did you look into the parlour to see if there was a fire in it? - A. No, I did not. Q. Who remained in the kitchen whilst you were there? - A. Mr. Morgan, and Mr. Weaver and his son, and Sir John Briggs , and one Mr. Jones, and I. Q. Mr. Holland was not there? - A. No. Q. Sir John Briggs was? - A. He was. Q. Did you hear Sir John say any thing about making a will for Mr. Lewis? - A. I did not. Q. Did you hear Sir John say he could forge any body's hand, to a nicety? - A. I never did. Q. Did you hear him say anything about making a will for Mr. Lewis? - A. I did not. Q. Did you hear any body say to him, it was not too late to make a will? - A. No. Q. Did you hear any body say to him, or to any body else, it was not too late to make a will? - A. Nobody said any thing about a will, except that that he said about his sister-in-law. Q. I ask you; upon your oath, if any body had said any thing about making a will for the man that was dead, must you have heard it? - A. There was chen never a word said about it. Q.Must you have heard it if there had? - A. Yes, I must have heard it, because I was in the kit-all that time, till Sir John went away. Q. I ask you, upon your solemn oath, whether that was so or not? - A. I have recollected myself before I came here. Q. And it is as you now say? - A. It is the real fact. Cross-examined by Mr. Sergeant Adair. Q. Could you, in the kitchen, hear what passed in the parlour? - A. No; I don't think I could. Q. Now, do you mean to say, that the company that night never went into the parlour? - A. I don't say that. Q. Then what is it you do say? - A. They did not go into the parlour from the time I went there till the time I went away. Q. What time might that be? - A. Somewhere about ten o'clock, or it might be later. Q. And they staid till three o'clock? - A. I went away at ten, or it might be half an hour later. MICHAEL JONES sworn. Examined by Mr. Garrow. Q. Do you remember being at Mr. Morgan's house on the evening before the late Mr. Lewis was to be buried? - A. I do; it might be three or four o'clock in the afternoon, or thereabouts. Q. How long might you continue? - A. Till somewhere about ten. Q. Who were there during the time you were there? - A. When I went in Thomas Crump was there, a man that works for me; and, in the evening, about five or six o'clock, in came Mr. Weaver and his son, from shooting; Sir John Briggs came in about nine, cursing and swearing, and damning and sinking, or between eight and nine; he said, he had been first of all at Mr. Lewis's; that he was dead; that he expected to find a will in his possession; that he had been at the passage searching for his saddle-bags; he had been at a good many places, and could not find it; he thought the will might be contained in those saddle-bags. Q. Was Mr. Holland there? - A. No; not in the kitchen. Q. Was Sir John Briggs at all in the parlour? - A. No, in the kitchen. Q. Are you certain they did not go into the parlour? - A. I am certain they did not; he swore he would not stay a moment; he said, Lady Briggs expected him; he said, he had been at the passage, and met with Mr. Phillips. Q. Sir John was not in the parlour, nor Mr. Holland was not there at all? - A. No. Q. How long did you stay? - A. It might be till half after ten. Mr. Mills. Q. You went away at ten? - A. Yes; or it might be half an hour after. MARGARET PERKINS sworn. Examined by Mr. Garrow. Q. Where do you live? - A. At a place called Treleck. Q. Did you know the late Mr. Lewis? - A. Yes. Q. How long had you been acquainted with him? - A. These forty years, for ought I know. Q. Did he occasionally talk to you about his affairs, and his manner of disposing of them? - A. He did not talk no great deal to me; but the last time he talked to me about it he was going into Devonshire, and he went from thence to Sidmouth; we were talking in the parlour, he said, I am growing an elderly man, Mrs. Perkins, and I wish to settle my affairs; and I made answer to him, why then, I suppose, the Morgans will have a great deal of your property. Court. Q. Do you know when this was? - A. I think in the year 1791; because he mentioned a family of the name of Rumsey, that were at that time at Sidmouth; he told me, at the time, every thing about it, but I have forgot now; when I said I supposed the Morgans would have a great deal of his property, he said no, Mrs. Perkins, I will take care they never shall ahve one penny or it, they shall not inherit a pennyworth that I have, I will take care of that. Q. This was before he went upon his trip? - A. Yes; and when he came back, he came to our house again, as he used to do, two or three times a week; and he said, he had been at Sidmouth, and that, in either going to Sidmouth or coming back, he had been at Bath. Q.Did he say any thing more at that time? - A. Not about any thing of that sort. Q. You are quite sure that, in that conversation, he said the Morgans should have nothing? - A. He said he would take care that they never should inhert a pennyworth that he had. Q. Were you acquainted with Mr. Lewis's manner of writing? - A. I cannot say as I should know much about the writing. Q. You have seen him write? - A. Yes, I have seen him write; but I could not say now I should like to swear to his hand writing. Cross-examined by Mr. Sergeant Adair. Q. Have you any knowledge of the family? - A. Yes; his family on both sides. Q. Do you know who were his heirs on the father's side? - A. I have heard, that on the father's side, it was his father's sister's children: Mrs. Harman, Mrs. Cornish, and others. Q. Did you ever hear him say that they should never have any thing of his? - A. No. JAMES MORGAN sworn. Examined by Mr. Erskine. Q. We have heard of some persons being at your house upon the evening before the funeral of Mr. Lewis? - A. Yes. Q. Who came to your house? - A. Sir John Briggs came, and Michael Jones , and Thomas Crump ; I suppose I might have nine or ten servants there. Q. Were the two Weavers there? - A. Yes; they came in, as much as I remember, late in the evening. Q. Be so good as tell us what passed when you were there? - A. Sir John came, as he told us, and said, he had been at the passage, and different places, in search of some saddle-bags belonging to the late Henry Lewis , clerk, and could not find them; he was very tired, and it was a remarkably cold night; he brought two horses of Mr. Lewis's, he put one into my stable; and, in the morning, he sent for it; I asked him to come in and take some refreshment, he seemed very much out of humour; he said he was disappointed in his journey; he came in and sat down at the fire an hour, or an hour and a half, or somewhere thereabouts; in the mean time, I think, had a part of two tankards of cyder. Q. This was in the kitchen? - A. Yes. Q. And the Weavers were there? - A. Yes. Q. How late did you stay there? - A. I staid there all night. Q. How late did you stay in the kitchen? - A. I did not go before I went out of the room to bed. Q. Was Mr. Holland there? - A. I did not see him. Q. What time do you go to bed? - A. Before twelve o'clock. Q. Was there a fire any where else in the house? - A. Not that I know of. Q. During the whole time you were there, before you went to bed, Sir John, and the rest of your company, continued in the kitchen? - A. Yes; to the best of my knowledge. Q. Did you hear any thing said, in Sir John's presence, or by Sir John, about making a will? - A. I did not, I heard him say, if there was a will in the saddle-bags, or any where else, may be his heir at law might find it, and he might not be the better for it; and that his sister-in-law had acted very imprudent in the time of his illness; and, that if he had settled his affairs, he would have done it he was certain. Q. After Sir John had stated this, did any body say to him it was not too late, though the man was dead; to set about making one? - A. I did not hear it. Q. If it had been said in your room, you must have heard it? - A. Yes. Q. Was Mr. Holland in your house that day? - A. I did not see him; I went to bed about twelve o'clock. Q. Was there any fire in your parlour that night? - A. There was not. Cross-examined by Mr. Mills. Q. You were examined at the last Hereford assizes? - A. I was. Q. The Weavers were examined at the same assizes? - A. I believe they were. Q. Were you examined to this point at the Hereford assizes? - A. I was not. to my knowledge. Q. The Weavers swore, I believe, precisely as they swear now? - A. I don't know; I was not in Court when they were examined. Q. You swore positively that Mr. Holland was not there? - A. Not to my knowledge; I did not see him that day. Q. You say you were not in Court when the Weavers were examined? - A. I did not hear their examination. Q. Were you in Court when they were examined? - A. I cannot say whether I was or not; because, I think, if I remember right, every evidence was kept out of Court, and by Mr. Stokes's desire. Q. You were examined before the Weavers; after you had been examined, did not you stay in Court and hear the remainder of the cause, or part of the remainder of the cause? - A. I did not; I might or might not. Q. Were you in Court or not? - A. I cannot say whether I was or not, I don't really know whether I was or not; if any gentleman here says I was, I will admit it; I really cannot say. Q. You cannot recollect, so as to swear one way or the other? - A. No. Q. Do you mean to have it taken down, that you cannot recollect whether you were or not? - A. I cannot say, I might or might not. Q. On the day Sir John Brigs came to your house what time might it be? - A. I cannot say to the hour exactly, it might be eight, nine, or ten. Q. Can you six which of those two hours Sir John came to you? - A. I cannot say. Q.Will you six any hour between eight and ten, or between eight and eleven? - A. I cannot say. Q. Will you or not, six a time between eight and eleven? - A. I cannot. Q. Were the Weavers there before he came in or not? - A. I cannot say. Q. You cannot swear whether the Weavers came there before or after? - A. I think it was after. Q. When did Crump come? - A. He came to take a little farm of me, about two o'clock; and he staid from that time till about eight or nine. Q. Did he go away before nine? - A. He very likely might, I cannot say. Q. Who went first? - A. Crump and Jones went away together. Q. Can you six some time at which they went away? - A. About nine, to the best of my memory. Q. Now, how long did the Weavers stay after them? - A. They went away before twelve. Q. You will swear the Weavers went away before twelve? - A. I will swear my house was shut, and the Weavers did not sleep at my house, and that I went to bed before twelve. Q. Mr. Holland was not there? - A. No. Q. You heard nothing at that time about a will? - A. No; only that he had been at the passage, and different places, searching for the saddle-bags; and I think that Mr. Phillips, who was employed for the heir at law, had given him the key, or something. Q. Then on that day you did not hear of any intention of framing a will for Mr. Lewis; when was it you first offered a bett, that a will of Mr. Lewis's would be found? - A. I don't know that I ever offered a bett of that kind. Q. Will you swear that you did not offer a bett that a will of Mr. Lewis's would he found after this conversation? - A. I was one day at Monmouth with Mr. Lewis, and he told me he had received a letter from one Isgar at Bath. Q. Have you ever offered such a bett? - A. There were wagers talked of, but not by me. Q. Who talked of wagers? - A. Mr. Holland, and Mr. Lewis, a bailif, were at my house one day, and I had seen on the Saturday before, a letter, that there was a will of his in Bath, which he shewed me at the public-house, at Bath; I cannot say what house it was. Q. What did that letter express? - A. To let Mrs. Kane know that there was a will in favour of Mrs. Kane in his possession. Q. Do you recollect that letter? - A. No more than I have mentioned. Q. Did you hear it read, or did you read it? - A. I think, I heard it read. Q. Do you mean to say from your recollection, that that was the contents, or substance of the letter, that this Isgar had a will to deliver to Mrs. Kane, and that the will was made for the benefit of Mrs. Kane? - A. To the best of my recollection, the letter did express that word, or something to that effect. Q. This was a letter that Mr. Lewis, the cornfactor, had at Monmouth? - A.. Yes. Q. After that, you offered betts about the will? - A. I do not know that I did. Q. Did you or not? - A. I cannot say; Mr. Lewis the baker was at my house, and he proposed making a bett; he asked me to go his halves; I said, I have no objection; I thought no gentleman would write such a letter, and mentioning his place of abode, would send a letter of that kind. Q. Who would bett, when you knew he discovered it immediately to Mrs. Kane; who would bett with you? - A. It would have been no bett. Q. Will you swear, before this letter was produced, that you had not talked about a will, that you were sure a will would be produced? - A. Yes, I do. Q. You know Weaver (the elder)? - A. Yes. Q. Do you remember saying any thing to him about a bett? - A. No. Q. Did you never tell him you were sure a will of Mr. Lewis's would be produced on the next Monday? - A. I never did, before that letter came, or any other. Q. Did you tell Weaver a will would come upon the next Monday, and advise him to bett upon that? - A. No. Q. Is not he a farmer? - A. Yes; he is a freeholder. Q. He is a respectable man? - A. Yes. Q. Did you not advise him to go and bett about a will of Mr. Lewis's? - A. Not till after I saw the letter. Q. Did you not six the Monday as a day upon which this will would probably be produced at Monmouth? - A. I did not. Q. Did you, in fact, lay a bett about this will? - A. I never received one shilling. Q. I ask you if you ever laid a bett about this will? - A. Dr. Powell, the surgeon, offered to lay me two guineas to one, which I agreed to, and that bett was withdrawn; that is the only bett I ever made. Q. You know Billy Thomas ? - A. Yes. Q. Did you not offer a bett with him upon the subject? - A. No; he used to cover my mares, and if a good will was produced, he was to cover them for nothing. Mr. Erskine. Q. Keep your face towards the Jury, and speak out; if you had expectation of a will, so as to be making betts, I ask you, upon your solemn oath, whether that expectation of a will arose from anything you heard at your house upon the 15th of January? - A. It did not. Q. Upon your oath, you heard nothing upon the 15th of January, which could have induced you to think Mr. Lewis had made a will, except what Sir John Briggs said about the saddle bags? - A. Nothing else. Q. Had you any idea in your own mind, that Mr. Lewis had a will in existence, till you saw a letter, that a man seating his place of abode, and that he had a will? - A. I had not. Q. Upon your oath, and remember you are in the presence of God, did you hear from Sir John Briggs , or any body else that might, that there was a conspiracy on foot to forge a will? - A. Genlemen of the Jury, I had not. Q. Upon your oath did any thing pass in your house, directly, or indirectly, that led to such a suspicion on your part? - A. No. Q. Then whatever might have been talked about a will, was the whole founded upon the improbability that such a letter should be wrote without being true, as that from Isgar? - A. Yes, from that letter alone. Q. Now another thing I understand from you, in answer to what fell from you in cross-examination, that you were last up in your house, and locked up your house? - A. I don't know whether me or my servants. Q. There was no stranger left in your house? - A. No; I was in bed by twelve o'clock, and nobody was left in the house but servants. Q. Were the Weavers in your house when you went to bed? - A. No. Q. Was Mr. Holland there that day? - A. No. Q. Were the Weavers with a fire in the parlour talking with Mr. Holland that night? - A. No; I had no coals in the house to make a fire; I was obliged to burn wood. Q. If such a party were sitting up, at the time you went to bed; in your parlour with Sir John Briggs , and Mr. Holland and the two Weavers, must you not have know it? - A. They were rude enough, but not so bad as that. Q. That the Weavers were not in the parlour with Sir John and Mr. Holland when you went to bed? - A. They were not. Q. During the whole time, from the time that Sir John came into the house, till the time you went to bed, did all the people in the house, remain in the kitchen? - A. Yes; and I will take upon me to say, there could not be less than eight or nine people in the kitchen at the time. Jury. Q. Were your servants and Sir John and them altogether? - A. Yes. Q. Did you never leave them and Sir John together for any space of time that night? - A. No. I did not; when Sir John came, I staid till after he was gone, and after Crump and Jones were gone; my waggoner went and got Sir John's horse, and he got leave of me to leave one of Mr. Lewis's horses, as he called it; that horse was left in my stable all night, and he sent for it in the morning; and when Sir John went away, that was the last man; but I think Weaver went with him. Jury. Q. Had any of the company drank to excess? - A. No; they might have drank two tankards of cyder. Mr. Erskine. Q. Your's is not a public house? - A. I don't fell drink. Q. What are you? - A. A farmer and a freeholder, and I rent 200l. a year of the Duke of Beaufort. Q. What may be the value of your freehold? - A. 200l A year. Q. It was your hospitality to invite them there? - A. Yes; I asked them in. HENRY AUSTIN sworn. Examined by Mr. Garrow. Q. You are no relation to the Austin that has been examined here? - A. No. Q. You are servant to Mr. Morgan? - A. Yes. Q. Do You remember Sir John Briggs coming into your master's house on the 16th of January? - A. Yes; Mr. Weaver and his son, and Mr. Crump was there, and Mr. Jones. Q. Where were they? - A. They sat down on the settle in the kitchen, and they all sat by the fire. Q. Do you know a person of the name of Holland? - A. I know him. Q. Was he there the whole of that day, so far as you know? - A. No; he was not. Q. Was there any company in the parlour? - A. Not that I know of, or heard talk of. Q. You are quite sure Mr. Holland was not there? - A. Quite certain. Q. How did Sir John come? - A. He brought two horses into the yard; I took his horses to the stable. Q. What time might Sir John come? - A. It might be seven or eight o'clock; I cannot be rightly sure what time; he lest one horse there all night. Q. And you setched the horse for him to go away with? - A. Yes. Q. Were any of the party left when he went away? - A. I cannot say. Q. Was Jones gone? - A. Yes. Q. Crump? - A. Yes. Q. The Weavers? - A. I cannot tell. Q. Did you see Sir John go? - A. Yes; I saw him get upon his mare to go away from the house. Q. After he went away, were any company sitting up in the parlour, or did the family go to bed? - A. I went to bed as soon as Sir John was gone; because I stopped up to give him his mare; it was before twelve o'clock. Q. How many people were together all the time Sir John was there? - A. I cannot tell particularly how many. Q. How many think you? - A. I cannot say. Q. Was any of them drunk? - A. I saw no one disguised any way in liquor. Q. During Sir John's stay particularly, did you hear (Mr. Holland, who was not there) say any thing about a will? - A. I heard no such talk. Q. Did you hear any body talk about making a will for the dead man, Mr. Lewis? - A. I did not hear any such thing, Cross-examined by Mr. Dauncey. Q. How long did you stay in the house? - A. I went to bed soon after Sir John was gone. Q. What day of the week was this? - A. I think. it was on a Thursday. Q. Do you know Mr. Holland? - A. By sight, when I used to see him. Q. Did he use to come to your master's now and then? - A. Sometimes. Q. Sir John is a man that don't care much what company he keeps? - A. I cannot say. Q. He would as soon sit down and drink with you as any body else? - A. I did not drink with him. Q. You were all in the room, servants and altogether, higgledy, piggledy? - A. Yes. Q. Was that the common practice of Sir John? - A. There was a settle in the room. Q. It was a cold night? - A. Yes. Q. A good fire? - A. Middling. Q. A roaring fire, I suppose? - A. A fire that would serve their turn. Q. Who made the fire? - A. I cannot say. Q. What was it made with? - A. Wood. Q. There was no fire in any other part of the house, I dare say? - A. Yes; in the back part of the house, were the girls were washing; we fellows made up a fire there, we could not get into their kitchen. Q. How far was the kitchen from the other? - A. Just out of it. Q. Is your master's house a fine house? - A. No. Q. What other rooms were there besides these two kitchen? - A. A sort of a parlour. Q. Where is that? - A. Under the same roof. Q. Upon the same floor? - A. No; there is a partition between it. Q. You and the rest of the servants were in this back kitchen? - A. Yes. Q. What passed, you don't know? - A. No. Q. What work were you out about at that time of night? - A. I was at no work. Q. Did not you say you were at work? - A. No; I came in to supper. Q. Who went away first; Weaver, or Crump, or Jones? - A. Crump and Jones. Q. How long did Sir John stop after they went? - A. It might be an hour, I cannot say. Q. What time did the Weavers go? - A. I cannot say. Mr. Garrow. Q. You were at first in this kitchen, where the better part of the family were sitting round the fire, upon the settle; when you found you could not get near the fire, you made up a bit of a fire, you fellows as you call yourselves, in another part of the house? - A. Yes. Q. And there was nobody in the parlour that you knew of? - A. No. Dr. THOMAS HOLLINGS sworn. Examined by Mr. Erskine. Q. You know Mr. Lewis? - A. Yes, very well. Q. How long did you know him before his death? - A. Fifty years and upwards. Q. Did you ever hear him say any thing about his affairs? - A. No further than I heard him say, the Morgans should never enjoy any property of his. Q. Did you ever hear him say any thing of this Mr. Morgan, the prosecutor? - A. It was concerning him, saying, none of the Morgans should enjoy any of it. Q. Did he give any reason why? - A. I cannot say that I heard any thing particular, but they had had a dispute some time before. Q. When was this you heard him say so? - A. The Friday before he died. Cross-examined by Mr. Sergeant Adair. Q. You know the Weavers, father and son? - A. I know them by sight. Q. You know who they are? - A. In Garraway's parish. Q. Do you know what character they bear? - A. I never heard much of them. Mr. Garrow. Q. Do you happen to know Mr. James Morgan ? - A. I have known him a great while. Q. Is he a respectable person? - A. Yes; a very respectable character. Q. Worthy of credit upon his oath? - A. Yes; his general character is a very honest good sort of man. Mr. Garrow. We mean to call several witnesses to prove Isgar, independent of this transaction, so bad, that no credit ought to be given to him. Mr. Garrow. (To Hollings). Q. Do you know any thing of Isgar? - A. I have heard him swear things that I should hardly, upon his oath, believe a word of him, what he swore there, and what I have heard him swear since. Q. From his character, do you suppose him to be a man that, upon the most insignisicant subject, you could safely trust upon his oath? - A. From what I have heard of him, I would not believe him upon his oath. Mr. Sergeant Adair. Q. Then he did come to Monmouth? - A. Yes; I saw him at Mrs. Kane's; he produced the will at the assizes; it was put into my hand. Mr. Garrow. Q. Did he produce it as a gennine will? - A. I asked him where he got it from, he said, Bath; I said, it was a good well-worded will-did you see him sign that will? I did; did you see Bowden sign that? I did - he is dead - as to Austin, he was at Bath; and who is this Isgar? it is me, says he. Q. Then sitting as a juryman, or in any other capacity, you would not believe one word he said upon his oath? - A. No; I would not. Q. Look at this, (the will,) and see if it is the paper he produced to you at Mrs. Kane's? - A. This, I do believe, is the same, wrote upon half of a sheet of paper. JAMES SHIPWAY sworn. Examined by Mr. Erskine. Q. Do you know Jacob Isgar? - A. Yes; I have known him about ten years. Q. What has he been during that time? - A. In several capacities; when I first knew him he was in the baking line. Q. A master or a journeyman? - A. A Master. Q. What was he next? - A. He was then an attorney's clerk, with one Vaughan, at Frome. Q. What was he after that? - A. A sheriff's officer. Q. Did you ever know him an auctioneer? - A. No. Q.Whether an auctioneer, or an attorney's clerk, or baker, or sheriff's officer, what was his general character? - A. Not the best of characters. Q. Did he bear the worst of characters? - A. A very bad one. Q. Has it happened to you to meet with many as bad; did you ever meet with a man of a more infamous bad character? - A. Very bad indeed. Q. Is he a man you would believe upon his oath, from all you have known and heard of him? - A. No; I would not. Q. Would you take away any man's life upon his oath? - A. No. Q. Would you kill a fly upon his oath? - A. No. - FOWLER sworn. Examined by Mr. Garrow. Q. Do you know Jacob Isgar? - A. Yes; I have known him ten or twelve years. Q. What might he be when you first knew him? - A. A baker and lawyer. Q. A sheriff's officer? - A. Yes. Q. An auctioneer? - A. No; I don't know any thing of that. Q. In all the situations you have known him, and from what you have collected of his general character, do you, upon your oath, believe him to be a man sit to be believed upon his oath? - A. No. Q. What character did he bear, a good one or a bad one? - A. A very indifferent one. Q. If he should swear any thing should you think it safe to believe it, because he swore it? - A. I cannot take upon me to swear it; my opinion is, that I should not wish to take his word. Q. Would you take his oath? - A. No. Q. Would you venture to take away the life of any man, upon his oath, as a juryman? - A. No; I would not. WILLIAM MORGAN sworn. Examined by Mr. Garrow. Q. Where do you live? - A. At Bath. Q. How long have you known Isgar? - A. Ten or twelve years. Q.Then you have known him a baker, lawyer, sheriff's officer, and all the rest of it; what is his general character? - A. A very bad one. Q. From his general character, do you think him a man to be trusted upon his oath; I ask you, if you were sworn to decide a question as a juryman, would you find any man guilty of any offence upon his evidence? - A. No. Q. You think him too infamous to decide any thing upon his evidence? - A. Yes. THOMAS KIRBY sworn. Examined by Mr. Erskine. Q. Where do you live? - A. At Bath; I have lived there twenty-five years. Q. What is your situation? - A. I am no trade at all at present. Q. How long have you known Isgar? - A. Fourteen or fifteen years. Q. Have you known him in all his situations? - A. Yes. Q. What is his character? - A. His character is well known to all the world; I have known him a baker; an articled clerk to several lawyers; then a sheriff's officer; I was bound one year for him to the sheriff; but the second year I declined it, on account of his conduct; and then he was an auctioneer; he had one auction, and sold the man's goods and kept the money. Q. Did you ever hear of a worse man in your life? - A. Lately he has been very bad indeed. Q. Is he a man you would believe upon his oath? - A. Not now, by any means. Cross-examined by Mr. Sergeant Adair. Q. What may you be? - A. At present I do nothing; I was a brandy merchant in Bath for twenty years. Q.And have left off business and retired upon your fortune? - A. I have. Q. You do nothing at present? - A. Nothing. Q. But give evidence? - A. I should be very glad not to give evidence now; they wanted me to give his character before, down at Hereford, but I never like to give characters. JOHN PARNELL sworn. Examined by Mr. Garrow. I have lived at Bath about eighteen years; I have been acquainted with Isgar about a dozen years. Q. Be so good as to tell those gentlemen, from his character and conduct, whether his character is a good one or the reverse? - A. Not a good one. Q. Is it very bad? - A. I never knew any good that ever he did. Q. Be so good as inform those gentlemen, whether you think him a person safely to be trusted upon his oath? - A. Not by any means. Q. I believe I heard you correctly, that from your knowledge of his character and conduct, he is a man not fit to be trusted upon his oath? - A. He is not. Mr. Sergeant Adair. I desire, the deposition of Isgar before the Magistrate may be read; they have produced a great body of evidence, applying to different persons, and accounting for a number of persons upon a specific day, the 26th of April; they have adduced a body of evidence from various parts of the country, to speak to that particular day, I therefore now desire that the information of Isgar, giving an account of that transaction, be read, to shew that in that information there is not one single word that points at that particular day. Mr. Erskine. My Lord, I cannot sufficiently express my astonishment at what I have now heard from Mr. Sergeant Adair; when I consider the humanity of his nature, I confess I hardly know where I am when I stand up, to hear my learned friend's observation. I am astonished; I meant to have asked to have it read, but I had closed my evidence; the witness, Isgar, comes to day to fasten forgery upon the prisoner at the bar; the scene of that forgery, in point of time, and in point of place, he lays at the times that I must bring home to your Lordship's recollection; he says, that he arrived in London upon the 25th, in the evening, or 26th in the morning, it is immaterial which: that he put up at the Golden Cross; that he went to Mr. Crossley; that Sir John Briggs wanted to see him at the Golden Cross; that Mr. Crossley refused to go to the Golden Cross, and desired to see Sir John with him; that he went so far on the way with Mr. Crossley to Sir John; and that upon the evening of this Sunday, the 26th of April; not upon the examination of the learned Sergeant alone, but upon my cool and cautions cross-examination, knowing the importance of the testimony, I fixed it upon him positively and unequivocally, to be the only time he saw Mr. Crossley in London; and what is much greater astonishment, that in that information there is not an iota that leads to the idea of this meeting at Newton, or at the Three Tuns, or having had any knowledge of Mr. Crossley, relating to this will, but in London: my Lord, that is not all; but, he says, the next day, Monday morning, before twelve, he saw Mr. Crossley again; good God! am I in England! and am I here in a criminal trial, past the hour that criminal trials are generally over; and after my strength and patience is exhausted, to hear, that when three persons brought together by a witness infamous beyond the power of language to express; a witness not competent but by your Lordship's judgment, which I must reverence, because it comes from the Bench, whatever I may think of it myself; when that man, himself an accomplice, scarcely within reach of testimony, when your Lordship gives me (to your honour be it spoke) the hint - Court. I gave you no hint. Mr. Erskine. Then I will take it that your Lordship gave me no hint; what is the proposition now? that the prisoner is not to be tried upon what this man has sworn against him to day, in Court; that though the Jury should, peradventure, believe he did not see Mr. Crossley upon the 26th or 27th of April; that, peradventure the Jury may believe that Austin was not in the condition in which he is placed by the witness; that Holland was not in the condition in which he is placed by the witness, and that the other man also was in the condition in which he is placed by his unfortunate child, whom nothing but duty, I am persuaded, could have induced my learned friend to torture in the way he did; and the prisoner is to be tried upon the speculation that this was in May; because, when his story was to be made when he was in gaol, he states it to be in May. Court. You mistake my Brother Adair; you had better hear the Sergeant, and you had better not speak so loud; you know, you are addressing the Court. Mr. Erskine. I am addressing myself to your Lordship; and I am addressing myself to your Lordship in an audible voice; because I cannot speak upon a subject that agitates and affects me without speaking in the tone in which I now speak. Mr. Sergeant Adair. It is difficult for my learned friend to know what I mean; he has, no doubt, misunderstood entirely, the purpose for which I desired to have it read; it was not for the purpose of opening a door for him to change the day, which he has unequivocally fixed, by his evidence to-day, to be the 26th of April; it was no such purpose, I should disdain such a purpose; nor was it for the purpose of shewing that he fixed another time, with that view, upon his examination on a former occasion, so as to give the go-by to those witnesses who have been produced: but, called upon, as I am, it is my duty to state distinctly and audibly, the reason why I do desire the paper to be read, and the effect it appears to me it will have when it is read, and in that I shall not be irregular. - My Lord, a great body of evidence has been adduced, prepared before-hand, brought together from distant parts of the country, that could not have been acquired since twelve o'clock today, in order to shew where three different persons were on the 26th of April; I will ask, how any body concerned for the prisoner at the bar knew before to-day that it would be material to prove where these persons were on the 26th of April. Mr. Garrow. I must beg to interrupt the learned Sergeant, and I do it with all the temper that becomes this place; I do assure the learned Sergeant, that the reason I took the liberty of interrupting him is, that I apprehend what your Lordship called upon the prosecutor to do was, to state some legal principle, in the application of which this piece of evidence is admissible. Court. I think that they ought not to bring forward this evidence, it is matter of observation by me to the Jury, and there is nothing more in it. Mr. Sergeant Adair. My Lord, I am perfectly satisfied. Summing up. Court. Gentlemen of the Jury. - The prisoner, George Crossley, stands indicted for having forged the will of the Rev. Henry Lewis . The particulars of the will, it is hardly necessary for me to state to you, the nature of the offence you are aware of, and you know, that by the laws of this country, the forging of a will, or the assisting to forge, or the uttering after it is forged, or the causing and procuring to be forged of any will, is a capital offence. The prisoner therefore is standing here to answer, at the peril of his life, the charge that is brought against him. I believe, the best course I can take, will be to sum up the evidence to you first, and then make my observations; there can be no observations in point of law; you can have but one question to try, whether Mr. Crossley forged it, assisted in forging it, or procured it to be forged, or uttered it after it was forged.(Here the learned Judge summed up the evidence on the part of the prosecution; and then proceeded as follows:) Now, Gentlemen, this is all the evidence on the part of the prosecution; and as this evidence stands, if you think proper to give credit to the testimony of Isgar, there can be no doubt, but that the case as it was opened by my Brother Adair, and as it is laid in the indictment, is fully and completely proved, because you have the general evidence of connections between Crossley, Holland, Isgar, Austin, and Clarke, of Worksop; you have evidence that Sir John Briggs, and Austin, and Isgar, were all in town upon the 26th of April, and Isgar tells you, that at that time the will was brought out by Crossley himself for them to sign; Mr. Crossley must know, that such a will, not being executed by the testator, must have been a forged will; indeed the man himself had been dead some time, therefore you have this case fully and completely made out, if you think proper to give credit to Isgar's testimony, without which you have not a case made out, by which you can find Mr. Crossley guilty, for without him you have nothing to connect him with Austin, or with Sir John Briggs, against both of whom there is an indictment for this forgery; but if you give credit to Isgar, you have abundant evidence to find Mr. Crossley guilty of this charge; but you are aware that those who conduct the defence of Mr. Crossley, have contradicted the evidence of several witnesses, and particularly the testimony of Isgar. It will now become me to state to you the contradiction they give to Isgar's testimony; and you will find that Isgar fixes Sir John Briggs being in town upon the 26th of April, and Austin's being with Isgar at Crossley's house, in order to meet; that they call witnesses to prove that Sir John Briggs was else where, and to prove that Austin never was at Crossley's on that Sunday.(Here the learned Judge summed up the evidence on the part of the prisoner, and proceeded as follows). Gentlemen, this is all the testimony on the one side and on the other, and really at this time of night I do not find myself equal to the talk, and perhaps I should rather weary you that assist you, in going at much length into it. I have summed up the evidence generally, and I will make this observation upon the testimony of Isgar; the evidence of an accomplice is a very slender, trifling evidence, but if that accomplice is corroborated materially to the point in question, it certainly will have considerable weight. If an accomplice is confirmed in certain particulars, but that as to all the circumstances which affect the life of the prisoner, he standing uncorroborated, and in many respects contradicted, it will be for you to say, in such a situation as that, whether you think that Isgar's testimony ought to be believed. Now I do not recollect, that in any one circumstance in which Isgar swears, respecting the personal interference of Crossley, in the execution of this will, that he is corroborated either by any one witness on his side, or on the part of the prisoner, but he is contradicted, and yet it is by witnesses, who labour under a very strong degree of suspicion; for those witnesses do, in some respects contradict each other. It would be idle, as my brother Adair has stated to you, to call a witness, and tell you that the law allows him to be admitted, and at the same time to tell you that the law will not allow you to give him credit; I cannot tell you that, but you will consider the situation in which he stands; you heard the way in which he gave his evidence; he now tells you that he is sorry for what he has done, and that what he said last is the true state of the case; and he is corroborated in many of the circumstances by other witnesses; but as to the material business of the 26th of April, his being at Crossley's house with Sir John Briggs and William Austin , there is no tittle of evidence in the course of this cause that corroborates it; on the contrary, he is contradicted in the alibi, both as to the circumstance of Sir John Briggs being in London at that time, and as to Austin being at Crossley's house that Sunday afternoon, and as to Crossley being in town on that day. Gentlemen, with respect to the first part of the question, as to whether this will is forged or not, perhaps I ought to say something to you upon the subject of the will itself; and I have seen so much in the course of this trial, that I take it for granted, that it is a forged will; there are several witnesses who do not believe it to be the writing of Mr. Lewis; the circumstances of its being in the hands of such a man as Isgar, brought to Mrs. Kane so long a time after the supposed testator died, and I don't recollect immediately what other circumstances; but these two circumstances do make such an impression upon my mind, as to lead me to draw the conclusion, that this will is a forged will; but the question remains still for you to decide, whether Mr. Crossley was the person forging it, assisting to forge it, or in causing it to be forged; and as to that you have nothing but the evidence of Isgar, as to what passed upon the 26th of April. It is observed by the learned Counsel, who lead for this prosecution, that there is no way by which the prisoner and his witnesses could get at the date of the 26th of April; It is very extraordinary, that all of them should come here apprized of that day, how to account for that I cannot say; I am told, that in the examination, which is not produced before us, there is no mention of that 26th of April; therefore, what it is that has brought them so well acquainted with this day, really rests on my mind in such a state of uncertainty, that I cannot account for it. Prisoner. My Lord, so long since as last Michaelmas Term, all these witnesses swore in the Court of King's-Bench for the purpose of my being upon bail, we traversed, and then came out the day. Court. It must have transpired by some means or other; here they all come to prove, that Crossley, Austin, Holland, Isgar, and Clarke, of Worksop, were connected in a way that must blast the reputation of all of them in all future time; and though they prove them all connected together, yet that wicked, that bad, that blasted connection ought not to have such a weight with you, as to give credit to Isgar alone, unless you think the fact clearly brought home to him; you will pin your attention wholly to that fact of the 26th of April, which rests wholly upon his testimony, and he not being corroborated by any body, but contradicted by a number of persons, under very suspicious circumstances, you will say whether you like those suspicious circumstances, or whether you think proper to give credit to Isgar, when he says Mr. Crossley was present on that day; if so, you will find him guilty; if you have any doubt, in all cases, especially in capital cases, you will lean to the side of mercy.(The Jury withdrew at half past three o'clock in the morning, and returned at four with a verdict of) Not GUILTY . Tried by the first Middlesex Jury, before Mr. Justice ROOKE. 225. MICHAEL ROBINSON was indicted for that he, on the 12th of January , knowingly, unlawfully, maliciously, and feloniously, did send a certain letter, in writing, directed to James Oldham Oldham, Esq . therein demanding a certain valuable thing, that is to say, a Bank note, contrary to the statute . (Mr. Knowlys stated the indictment.) Mr. Fielding. May it please your Lordship: Gentlemen of the Jury; I am obliged to my learned friend for putting you so distinctly in possession of the nature of the charge. The crime, in a few words, consists merely in this - in sending a letter, either with a fictitious name, or without a name, demanding money, or other valuable thing; and this offence, for reasons that I am sure will start into your mind at once, was thought, so early as the reign of Geo. I. to be a crime deserving of a capital punishment. By that statute, it is enacted, that if a man shall send a letter, in such a way as I have suggested to you, demanding money, or other valuable thing, he shall suffer death. Gentlemen, both from the appearance of the unfortunate man at the bar, and from the character he has assumed as a gentleman, and a literary man, to which, indeed, from his letter, he seems to have a title, it becomes doubly irksome to see a person of his situation and character in the place in which he now stands, for this most obvious reason, that we hope, in proportion as education takes place, and its consequent improvements in society, we hope, and the probability is strong, that offences will not be committed by persons of that description; but, at the same time, knowing as you all do, and as we must all feel, that depravity makes its appearance often about those who have the best education; and that crimes of a particular dye are only committed by men who have had some education: and you will have abundantly to lament the nature of those offences, which are committed not only at this time of day, but also in all ages of the world, by those persons who have affected to be literary characters. Gentlemen, it is necessary that I should now introduce to your acquaintance, Mr. Oldham, the prosecutor of this offence: I dare say, every one of you know the long shop in Holborn, an ironmonger's, where Mr. Oldham lives: about twenty or twenty-two years ago, he was an apprentice to Mr. Dolly, who was then carrying on the same sort of business, to which Mr. Oldham has succeeded, from industry in his employ, and from other circumstances, that I dare say were pleasing, from his attention to Mr. Dolly; when his apprenticeship expired, he was taken into partnership; it unfortunately for Mr. Dolly happened, that he was afficted with very severe disorders, long before his death; and, I believe, for three years, his infirmities were such, as to confine him to his chamber: during this time, the principal business, of course, devolved upon Mr. Oldham. How it was, or how it should have happened, that there was any the least degree of ill-will towards Mr. Oldham, in the mind of a man, whom I shall presently state to you, it is impossible to conceive. Upon Mr. Dolly's death, there was an attorney in the neighbourhood, Mr. Peake, who spread it abroad, that Mr. Dolly had not died a natural death; and he, in the indulgence of his malignity, attributed the cause of his death to Mr. Oldham; luckily for him, the matter was spread abroad before the interment of Mr. Dolly; and, in consequence of that, it became expedient, that every enquiry should be made, even going so far as demanding an inquest of the Coroner upon the body; the inquest took place, and every body was satisfied; every body brought there by Mr. Peake, every soul was satisfied, that the death was natural, occasioned by the visitation of the Almighty. Gentlemen, in consequence of this, Mr. Oldham, pursued as he was, by the bitter malignancy of this man, wished to expostulate with him; and a conversation was had, in which he did not at all recede from the first point of malignaty, telling him that he was a bad man; that he had committed the murder; and he himself would be the hangman. In consequence of this, Mr. Oldham brought his action, and recovered, by the verdict of a jury, in the Common Pleas, five hundred pounds, for the damages of the slander. Gentlemen, this was twenty years ago; after this, every thing that the trick of the law could procure took place; till at last it went to the dernier resorte, into the House of Lords, where the verdict was confirmed; and thus, in the most solemn way, the reputation of Mr. Oldham was rescued from this slander. This story, then, Gentlemen, you will perceive at once, has been at rest for two-and-twenty years; how it came to the knowledge of the prisoner at the bar, I cannot possibly conceive; but from that circumstance has arisen all the motives which have begat the present correspondence, which I will state to you, in hopes that, by working on the mind of Mr. Oldham, he should extort money from him, through the medium of the anguish that he might possibly beget in the mind of Mr. Oldham; not from Mr. Oldham being apprehensive of any retrospect that was at all to alarm his bosom; but having known what malignity at a former time could do, and how apt people are to catch up too greedily any story that is related, he might well apprehend that much inconvenience and much sorrow would attend the revival of such a story that had been so long at rest. Gentlemen, it therefore happened, that upon the 7th of January last, without there being the least degree of acquaintance between Mr. Oldham and the prisoner, he received a letter, in these terms:(Reads the letter, for which see the evidence). This letter inclosed a square; the contents of which I will now read to you, (reads it). This letter was sent to Mr. Oldham; the intimation, you see, was, that a publication was to be expected in the Daily Advertiser; and you will readily believe, upon the receipt of this letter, by Mr. Oldham, that he had immediate recourse to the advice of his friends. An advertisement in the daily paper made its appearance, and in consequence of that, a second letter, the letter upon which the prisoner now stands indicted, was sent to the coffee-house. Gentlemen, therefore, it is the contents of that letter, as they shall apply to the Act of Parliament in question, that, under the direction of his Lordship, will become the matter of your serious investigation; I shall take the liberty, therefore, of suggesting to you, under the direction of his Lordship, how far I think, without much hesitation, there is a clear application of the Act of Parliament to the business in question; and that the words in the letter are nearly conformable to the letter as well as the spirit of that Act of Parliament. Gentlemen, we charge it to be a demand of a valuable thing; first, therefore, let me set that at rest; a Bank note is demanded, and that that is a valuable thing there is no doubt; but whether a Bank note was or was not a valuable thing, at the time of passing of this Act of Parliament, would not be a question of any importance, inasmuch as that clause must of course, according to the common ordinary nature of things, have a prospective operation; and things which might become valuable in process of time, being demanded of another, there could not be any description of value applied to them at that moment; yet, becoming of value in process of time, of course the Act of Parliament would apply to those things, and those things would satisfy, the act. The principal point, then, will be, the consideration of the term demand; you observe in the letter that my learned friend has read to you, and which will be read to you again, that there is this species of request, I will call it so for a moment-"enclose a Bank note." You will have an opportunity of seeing the letter, and you will see in what manner the work enclose begins; and you will judge of the context. Gentlemen, I do not wish to avail myself of any nice comment in this case; but you will see that all the preceding sentences are finished, and it begins after a dash, "enclose a Bank"note." Suppose the letter had begun with that, unquestionably there would have been a positive demand; how it is altered by the context, is for you to consider. Gentlemen, this, therefore, brings me to the consideration and import of the term demand, as it stands in the act, which must receive its construction according to the common apprehension of mankind; a demand is something more than solicitaion; it is something less than a command; you all of you understand what it is when you demand payment of a bill; if a man demands his rent, still where he has a right to have the thing solicited, it is called, in common language, a demand. Why, then, Gentlemen, let this term have its construction according to the common understanding of mankind, giving, if possible, that construction to it that shall be most favourable to the prisoner at the bar; I am sure that will be the direction of the humane Judge who superintends in this case, and it will be equally your inclination, without any direction, upon the subject. Gentlemen, having stated the law, I shall now proceed to state the facts that will be laid before you in evidence. We have since discovered, that the prisoner at the bar, either is, or was, or pretends to be, an attorney; I believe he may be, and that he had chambers in Furnival's-Inn, which is not far from Mr. Oldham's; whether the sight of the house, and the appearance of such a manufactory, or, that the consideration that a manufactory of that sort first be got the story, we cannot say, but it is easy to suppose, that, from the appearance of wealth, something of this sort might have suggested itself to him. Mr. Oldham, in consequence of receiving this second letter, began to be more and more anxious about it; and, as he was advised by his friend to answer these letters, so as to make the person planning the scheme go on in the prosecution of it; Mr. Oldham, by letters first of all, said, he could not conceive to what the letter alluded; and, not with standing, he denied every part of this charge, he wished for an interview; but at last, he was advised, by some gentlemen eminent in the prosession of the law, that the matter was so far compleated, that it became incumbent upon him, for the sake of public justice, to take the first opportunity of apprehending him; and, on the 20th of January, a letter was sent to the Cambridge Coffee-house by Mr. Oldham's clerk; the attorney of Mr. Oldham, assisted by the proper officers, were to be there; they placed themselves in convenient situations, and, in the evening about six o'clock, the letter was put into the bracket; of course, the eyes of those who were to watch, were upon the bracket; in a very few minutes afterwards, the prisoner at the bar got from his seat, went to the bracket, took the letter, returned to his seat, opened it, read it, and put it in his pocket; instantly, upon this strong proof, Mr.Sarel, Mr. Oldham's attorney, told the officers to apprehend Robinson, for that he was the person; he was apprehended; and, immediately upon his apprehension, he said, I suppose it is on account of this letter; they told him it was; upon which he asked Mr. Sarel if he knew Robert Reed? no, says Mr. Sarel, I do not; says he, he is an acquaintance of mine, he desired me to call for this letter, and I have a letter from him desiring me so to do; upon which he produced a letter, purporting to be a letter from Robert Reed , desiring him to call for a letter that would be there left. Gentlemen, what will you say to this contrivance, manifesting such a pre-meditation of scheme, when I tell you, that this letter from Robert Reed was in his own hand-writing, in order to furnish him with a defence; so feeble is the human mind, when in a course of wickedness, and so apt to conceive that that may prevent detection which is to furnish the means of punishment. - Gentlemen, if this is not sufficient, there is another circumstance, which shews the watch of Providence over us, that villainy should not be suffered to execute its schemes; the very letter that he had in his pocket on the 20th, purporting to be written only the day before, had the post mark upon it of the 13th, and in consequence of this, Mr. Robinson was apprehended. Gentlemen, here then you have the nature of the evidence to be produced. Of course it will be incumbent upon me to prove the hand-writing; and if the handwriting were to be the only evidence in the case, of course you would deliberate extremely upon that sort of evidence; although I shall prove it as strongly as it is possible to prove a hand writing; but, after the fact at the Cambridge Coffee-house, it is almost unnecessary, because the proof is so strong as not to require that auxiliary; but when you have the proof of the hand-writing, beyond all possibility of doubt, there can be no pretence, I am afraid, on the part of the prisoner, that can give the least likelihood of his shifting this offence from his own shoulders to another; he being an attorney, and in the situation of life that he is described to be, he was aware, that a more open thing would have exposed him at once to the fang of the law; and to avoid that fang, it was, that all this artful contrivance was made use of; if you see this clearly, you will reject all his pretences. In every case in the world of crime, it becomes the consideration of the Jury, how far the intention is manifested; however it may be surrounded by art; however it may be clogged by those pretences that may for a moment admit of another construction, you will exercise your understanding upon it; I am sure, that understanding will always have a sufficient guidance under the judgment of his Lordship, to give every doubtful matter its proper weight in favour of the prisoner; but if upon the result, there is no doubt, I am sure there is nothing in this case that can be called favourable, the offence being of a nature that I am sure you yourselves must feel. (Evidence for the Crown). JAMES OLDHAM OLDHAM , Esq. sworn. Examined by Mr. Knowlys. Q. Where do you live? - A. The corner of Brook-street, Holborn ; I keep a patent stove-grate warehouse . Q. Does your house go under the name of the London Warehouse? - A. Yes, it is so painted over the door. Q. Did you happen, some considerable time back, to be at all connected in trade with a Mr. Daniel Dolly ? - A. I served an apprenticeship with him, and about the year 1772, he made me an offer of partnership, which I accepted. Q. That gentleman died, I believe, about twenty-two years ago? - A. Yes; two or three years after we had been in partnership. Q. Was there any report raised that you had been the author of his death? - A. Yes; by a neighbour. Q. Did you, in consequence of that, bring an action against Mr. Peake, an attorney for raising that report? - A. I did, and another person both, and had very heavy damages. Court. Don't talk of damages; you obtained judgment. Mr. Knowlys. Q. That report was unfounded? - A. Totally. Q. Be so good as tell us how this transaction first took place, which forms the subject of the present indictment? - A. May I be permitted to look at a memorandum that I made at the time the occurrences happened, to refresh my memory; I only wish to refresh my memory as to dates; I wished to be very correct as to the receipt of the letters, and therefore I made memorandums; I will not deviate a hair's breadth from the fact, you may depend upon it. Q. Is your house, where you received these letters, situated in the city of London? - A. The counting-house where I sit, and where I received these letters, is in the City of London; the manufactories go into the country. On the 7th January, I received a letter, inclosing a kind of frontispiece, with a dismal etching upon it, as he calls it; this is it (producing it,) it came by the penny-post, late in the evening; I saw the post-man lay it down upon the front counter; in consequence of that letter, I went next morning very early to my solicitor; in consequence of which, agreeable to the request made in that letter, an advertisement was inserted in the Daily Advertiser; this is the advertisement, (producing a newspaper). Q. In consequence of having put in that advertisement, did you receive any other letter? - A. I did; I think the next came on the 12th of January, (produces it); this is the letter, it came by the Penny-post, and was delivered at the same place in London; that also was consulted upon by my friends, and it was thought proper to send an answer; in consequence of that, a letter was sent on the 14th to the place appointed in that letter, with an intent to lead to a detection of the writer of them; I thought it my duty so to do: In answer to that, I received a third letter, almost immediately, on the same day; (producing it), I consulted my friends as before, and sent an answer; I then received another letter, making a fourth, which inclosed this paper, (producing them): some gentlemen were waiting, who had bespoke a dinner at the Cambridge Coffee-house, where the answer to that letter was to be directed; there was Mr. Sarel and his clerk, a person of the name of Rivett, from Bow-street, and some others; I did not go myself; they went long before the time that the letter mentioned, to take off all suspicion; I sent the letter between five and six, the time specified in R. R's letter; I was always very punctual; I sent it by my clerk, Evans, who had carried all the others; I saw the prisoner afterwards at Bow-street. Q. Was any thing that was said reduced into writing by the Magistrate? - A. I believe it was; I left it entirely to my attorney. Q. I ask whether, when the prisoner was examined, it was reduced into writing or not? - A. I am not positive. Prisoner. It was not. Prosecutor. I am not certain, one way or the other, but I believe it was. Q. Did you at any time learn where the prisoner lived? - Mr. Jackson. I submit to your Lordship, this gentleman is not competent to relate any thing that fell from the mouth of the prisoner himself, after he has admitted that Mr. Bond's clerk reduced it into writing. Court. He has not said so. Prosecutor. The prisoner said he lived in Furnival's-inn, and he produced, I believe, a direction; in consequence of which, I went to Furnival's-inn to enquire, and they told me he had not been there for many months; at last I discovered that he lived in a court behind my premisses, just within sight of the windows, which commanded a view of my premisses. Mr. Jackson. I shall of course have occasion to Cross-examine Mr. Oldham; with your Lordship's permission, I will wait till after the letters are read. Court. Very well. - SARELL sworn. Examined by Mr. Knowlys. Q. I live in Surry-street, in the Strand; I am attorney to Mr. Oldham; I was present at Bow-street. Q. Was the prisoner's examination reduced into writing? - A. It was not; only the examination of the witnesses.(Mr. Oldham called again.) Mr. Jackson. Q. I believe you are, yourself, a Magistrate? - A. I have that honour for Middlesex and Buckinghamshire. Q. You condescended, I believe, to assist your fellow Magistrates upon that occasion? - A. I sat close to the Magistrates. Q. Did you offer your opinion, upon that occasion, with your Brother Magistrates? - A. When I was asked a question I answered it; I am sure I should bow to their better opinion. Q. Did it happen to yourself, sitting there, to use any kind of threats? - A. I believe, persons now present know that I did not. Q. Did you, or did you not? - A. No; I did not; I said, I would bring him to justice, if I could; that I found it my duty. Q.Did you use something like this emphatic expression, that you would pursue him while you had a shilling? - A. I told him, when he was treating it with trifling and ridicule, I considered the offence of that aggravated kind, that I would have found him out and brought him to justice, if it cost me every shilling I had in the world. Q. Did you say you would take care he should not be at large again? - A. I am sure I had the thanks of the Magistrate for what I did; I would sooner he would have clapped a pistol to my head. Q. Be so good as tell us what was said before the Magistrate? - A. I will: after one letter, or two, had been read, he, in a very insolent manner, said, to me, "why don't you produce all the letters, and your answers; you have received more letters than these; why don't you produce them, and the answers that you have sent." I turned round to him, and said, you could never know this if you had not sent those letters; now I am convinced, and I have not a doubt in my mind; I then produced them immediately, and laid them before Mr. Bond. Court. Q. What did he say to your observation, that you were now convinced, and had not a doubt in your mind? - A. He did not seem to make answer to that; he said, if I could even prove the hand-writing, it was only a mere misdemeanour, and he would bail it; Mr. Bond told him, his opinion differed. Mr. Jackson. Q. Had you not, previous to his saying that you had other letters, intimated that you had received other letters? - A. I don't recollect that I had mentioned it, even to Mr. Bond. Q. Be so good as to recollect yourself? - A. I do not recollect that I had. Q. Will you venture to swear, that before he made that observation, you had not intimated that you had been pestered with those letters, or that you had received others? - A. I made this observation - Court. Q. No, no, the question is, had not you said, before Robinson made that observation, that you had received other letters? - A. I do not recollect that I had; I don't think I said that till he demanded them. Q. Will you swear you had not? - A. I solemnly believe I had not said one word, nor did not mean to bring them forward; I have not put it down in my memorandum; I am very careful about my word, much more about my oath. Q. Had you not said so in the prisoner's hearing? - A. I do not believe I had, because I was surprised when he called for them, and then I was convinced he knew the whole of it. Q. Had you mentioned to your Brother Magistrates, or other persons in the room, that you had received other letters? - A. I had mentioned it to a Magistrate, but he did not attend the examination. Q. Had you mentioned it to a single person then in the room? - A. I don't recollect that I had, except Mr. Sarell. Q. Was it not upon the reading the second letter, which evidently refers to some other, that he said that? - A. I do not recollect whether it was upon the first or second letter. Q. When this letter in question was read, evidently referring to a correspondence, did not he say, produce the whole? - A. He said, produce the verses also; how could he know of the verses? Court. Q. Why will you be arguing; attend to the question, and give an answer to it. Mr. Fielding. Do, Mr. Oldham, attend to the question; I don't at all wonder at your agitation. Mr. Jackson. Q. Did he say, produce the verses, and say nothing of the letters? - A. He said, "why don't you produce the letters and the verses. Q. Are you sure whether it was upon the reading of the first or second letter? - A. I believe it was upon the first; and soon after they began reading of it; I don't wish to go a hair's breadth beyond the truth. Court. Pray don't go on in that way, but answer the question; who is suspecting that you would go beyond the truth? Mr. Knowlys. Q. You say he called for the verses; were those verses at all included in either the first or second letter? - A. Not at all. Court. Q. What was it that he said about the verses? - A. He said, "why don't you produce all the letters that you have received, and the answers that you have sent;" I said, I had received others, and here they were; and then, he said,"why don't you produce the verses, the verses came in the last letter." EDWARD FREDERICK EVANS sworn. Examined by Mr. Fielding. Q. You are clerk to Mr. Oldham? - A. Yes; on the 20th of January, I received a letter from Mr. Oldham, to carry to the Cambridge coffee-house, in Newman-street,(produces it); this is the letter; it is in my own hand-writing; I delivered it, about six o'clock in the evening, to the waiter, James Harris ; I did not see what he did with it. Q. Did you see any thing of the prisoner? - A. Not at that time; the second letter that I delivered, on the 14th, I saw the person who now stands at the bar in the Cambridge coffee-house. Mr. Jackson. Q. There were several other persons in the coffee-room? - A. There were several other persons; it is a public coffee-room. JAMES HARRIS sworn. Examined by Mr. Fielding. I am a waiter at the Cambridge coffee-house; I remember the last witness delivering a letter to me, which I put in the bracker at the corner of the bar, on the right hand coming into the coffee-room. Q. Did you see any person take that letter from the bracket? - A. Yes; the prisoner at the bar; he came from the top of the coffee-room, and took it very soon after. Q.Is it a large room? - A. Yes. Q.How many feet in length? - A. I cannot say. Q. Did he open the letter? - A. Yes; he walked up the room, opened it, and read it. Q. Did you see Mr. Sarell and the other gentlemen there? - A. Yes; they took him into custody. Mr. Sarell called again. Q. You went to the coffee-house that evening? - A. I did, on the 20th of January, in consequence of a letter that Mr. Oldham had received; the letter that has just been given in by Evans, was wrote; and it was agreed, that myself and a clerk of mine, with an officer from Bow-street, and another person, should go to the coffee-house before the hour that the letter was requested to be left; it was proposed that the letter should be brought at six o'clock precisely; at six o'clock Mr. Oldham's clerk brought the letter, and gave it to Harris, the waiter, who put it into the bracket at the right hand of the bar; in about three minutes after, I saw Mr. Robinson, the prisoner; I did not know him at that time, but I saw him come to the bracket and take out the letter with a degree of tremor; as soon as it was taken out of the bracket (his coat was rather loose), and he put the letter down to his right side, as if to conceal it; he then went to the extremity of the coffee-house, and sat down in a box; very soon after he had sat down, he took the letter from his pocket, or from his side, I don't know which, and opened it and read it; whilst he was in the act of reading the letter, I was willing to discover whether it was the real letter he was reading; I saw a news-paper lying upon the table in the box; I went to the table and took the news-paper from thence; when Mr. Robinson saw me come towards the table, he folded up the letter; I had merely an opportunity of seeing that it was that letter; still, however, wishing to be satisfied, I went to the bracket to see whether I might or not be mistaken; I observed that the letter was gone from the bracket; I then seated myself again, and turned towards the prisoner, who was at that time in the act of reading the letter a second time; I then mentioned to the officer, Rivett, that that must be the person we were in pursuit of; and I wished him to be taken into custody; the officer went up to him, I went with him, and I mentioned to Mr. Robinson, that we wanted to speak with him; and we withdrew into a private room; when we were all in the private room, Mr. Robinson, producing the letter, said, I presume you want me upon the subject of this letter, or to that effect; I told him, we did; he then asked me if I knew Mr. Robert Read , I told him I did not; I asked him, who Mr. Read was; he said, Mr. Read was either a friend or acquaintance, I am not sure which word he made use of; he said, it was Mr. Read's request that he had taken that letter; but, he was afraid, that he had gone too far in opening of it; but that he opened it from some desire or curiosity to see its contents; Mr. Robinson then produced a letter from his pocket, which, he said, was his authority for what he had done; which letter, he desired I would read; this is the letter,(producing it). It is read, dated Wednesday morning, ten o'clock, signed R. Read, addressed Mr. Robinson, Attorney at Law, Furnival's-Inn. "DEAR SIR,"I shall esteem it a particular favour, if, in your way to Queen-Ann-street East, to-morrow, you would look in at the Cambridge Coffee-house, in Newman-street, and get a letter, which I expect to be left there, addressed to R.R. it will most likely be there about two or three o'clock in the afternoon; I will call upon you sometime in the evening, and take it; compliments to Mrs. R. "I am, dear Sir, your's, &c. "R. READ." The post mark is, "Two o'clock, 13th Jan. 1796, Afternoon." Q. When this letter was produced, did you make any further enquiry who Mr. Read was? - A. Yes; Mr. Robinson repeated again, that he was either a friend or an acquaintance, I am not sure which was the expression he made use of; I asked him where he lived; he told me, he did not know; he said, he was to meet him that evening, by appointment; and, that if I would let him go, he would bring Mr. Read; I told him, I could not do that; he had, a little before that, taken out his card, and said, he was an attorney, in Furnival's Inn; I told him, I was very sorry to see a man in the profession, in his situation; and wished him to tell me where Mr. Read lived; I defined he would tell me where the appointment was, that I might have an opportunity of finding him, that he himself might be liberated, or to that effect; I think, he said, he did not chuse to tell where it was; I think, he afterwards mentioned, that he lived in one of the streets over Blackfriars' Bridge; nothing further then passed; but when Mr. Robinson was before Mr. Bond, I pointed out to him, that the letter which I just now produced, signed Robert Read , was dated, Wednesday morning, and that it had the Penny-post mark of the 13th, upon it; I pointed it out to him as a degree of improbability, of having a letter dated the 13th, requesting that he would call for a letter on the 20th; particularly when the letter states, that he was to call for it on the following day between two and three o'clock; I observed too, that it appeared to apply to the first letter that was sent to the Cambridge coffee-house in answer to R. R.'s letter of the 12th; to that Mr. Robinson made answer, that it did, and that he had taken the first letter; that is, Mr. Oldham's letter to R. R. of the 14th; and, I believe, then the Magistrate took the information of the witnesses, and Mr. Robinson was committed. Q.Rivett, of course, knows nothing more than you have stated? - A. No. Cross-examined by Mr. Jackson. Q. I understand you to say, that when the prisoner took that letter, you thought he shewed some signs of tremor? - A. He did. Q.Notwithstanding that, he read it in the public coffee-room? - A. Yes. Q. You were privy, professionally, to the whole of this correspondence? - A.Yes. Q. This letter, which you saw him take, was the last of the whole correspondence? - A. Yes. Q. Did he not say, that he did not feel himself at liberty to discover who Mr. Read was, from a point of honour? - A. I am sure there was no such word as point of honour; I think he said, he could not tell me where Mr. Read lived; he said, it was an acquaintance. Q. But unless you would enable him to keep his appointment, he could not undertake for the production of Mr. Read? - A. Unless I would permit him to go at large. Q. Did he not say he did not feel himself at liberty to discover who Mr. Read was? - A. He did not, nor to that effect; the answer was, that he could not tell me where he was to meet him, or that he could not say where he lived; he could not produce him, unless I gave him leave to keep the appointment. Q. Did you not learn from him, that he was confidentially employed by Mr. Read? - A. He afterwards mentioned that he was Mr. Read's attorney; but I think that was before the Magistrate, I am not certain. Q. I put it to you again; I ask you if the inference you drew was not that he was confidentially employed by Mr. Read. in this business? - A. I was very sorry to be satisfied in my own mind that Mr. Robinson was the writer of the letters. Q. Whether, on that night, or at any other time, Robinson said he was Mr. Read's attorney, you don't know? - A. No. JAMES CHAPMAN sworn. Examined by Mr. Knowlys. I am an officer of the Excise: the first knowledge I had of the prisoner, was about the middle of July 1794; I have seen him write several times. Q. Look at that letter of the 12th of January; do you believe that to be his hand-writing or not? - A. I do believe it to be his writing. Q. Look at that of the 7th? - A. I believe it is the same. Q. Look at the writing within that black etching, do you believe that to be his hand-writing or not? - A. I really think it is the same. Q. Now look at that letter signed R. Read; does that appear to you to be the prisoner's writing? - A. I really think the inside is. Q. Look at the direction to Mr. Robinson? - A. I cannot swear to that being his writing; I cannot say that I believe it is; it does not seem to be the same. Q. Look at that letter dated the 14th of January? - A. I believe this is his hand-writing. Q.Look at that dated the 19th of January? - A. I really think this is too. Q. Look at those verses? - A. They are his handwriting. Cross-examined by Mr. Jackson. Q. How often may you have seen the prisoner write? - A. I have seen him write oftener than once; I cannot exactly say how often. Q. Do you remember upon what occasion that once was? - A. Yes; I recollect that he has written a note and given it to me immediately. Q. How near were you to him when he endorsed it? - A. I was standing close by. JAMES REEVES sworn. Examined by Mr. Fielding. I have known the prisoner some time; I have seen him write often. Q. Look at that letter of the 12th of January? - A. The body of the letter is his hand-writing; but I think the signature is not. This letter of the 7th, the body of it I think is his too, but I cannot speak to the signature, it seems to be in a different character. This title page,(the etching) I think is not. Q. Look at R. Reed's letter? - A. I think the body of it is the same hand-writing. JOHN TAYLOR sworn. I belong to the Custom-house, I know the prisoner, I have seen him write. This letter of the 12th of January, I believe to be Mr. Robinson's writing; and that of the 7th is the same. Letter read, dated January 7, 1796, signed R. R. and addressed J. O. Oldbam, Esq. Corner of Brook-street, Holborn. (Private). "SIR,"It remains with you to judge how far the publication of the piece, to which the enclosed paper refers, can or cannot affect you. Give me leave to observe, that it was put into my hands some months since by a man of genius, a prisoner in the Fleet, who had not himself the power of getting it ushered into the world. Although I am a literary character, and concerned in some of the daily prints, I hesitated at promoting an attack of so serious a nature as this, and resolved to take some time to consider of it. The death of the author, which happened soon afterwards, occasioned the manuscript to be mislaid amongst my papers; but as I have repeatedly been called upon by the widow of the deceased (who has four children with herself entirely destitute) to make some use of the MS. I have rather thought it adviseable to take this step first, supposing, from what I have understood of your character as a gentleman (liberal and open-hearted), that you would sooner administer to the necessiries of this unhappy family, than urge me (or any one else) as their friend, to the publication of a work of this kind to relieve them. "Perhaps, if you were to peruse the MS. It would convince you that the author had, by some means, got possession of circumstances, rather important in their nature - as to what foundation they may rest on, I pretend not to hazard a conjecture - but so it is - and I have only further to observe, that in me, Sir, you will find a gentleman incapable of acting in any manner unbecoming that character. I have reasons (which must, on consideration, be obvious to you) for not chusing to avow myself - but you may be assured that no steps whatever shall be taken in this business for eight days to come; you will therefore have time to deliberate and to determine. "If you take no notice whatever of this letter, I shall conceive myself at full liberty to let the matter take its course. And however I may regret the necessity I am under of so doing, I shall feel a particular satisfaction in knowing that I gave you, in a gentleman-like manner, an opportunity of preventing it. "I have the honour to remain, Sir, &c. "R. R. "London, Jan. 7th, 1796. "P. S. I must beg you to insert a line in the Daily Advertiser of Monday or Tuesday next, from which I may judge of your disposition on this business. You will please to address it to R. R. and may couch it in as general terms as you please, so as to make me understand you." The following was enclosed in the foregoing Letter: On Saturday, the 30th of this inst. January, at Noon, will be published, Handsomely printed in 410. on fine Wove Paper, with a dismal Etching, Price 2s. OLD HAM FRESH DREST , OR Dolly's Ghost cooking up a Black Desert, A mysterious Dish prepared over a slow Fire, on a Patent Stove manufactured on Purpose at the London Warehouse, in Holborn. - Out damned Spot! MACRETH. - I could a Tale unfold! HAMLET. To be had of all Booksellers in Town and Country. Mr. Fielding. We shall now read the advertisement in the Daily Advertiser of Monday, January the 11th.(It is read). "To Mr. R. R. "The letter by the Penny-post, signed R. R. has been received: but as the person to whom it is addressed, is at a loss to guess what is wished, he conceives that, by a personal interview with Mr. R. R. with the manuscript which he mentions, an explanation might tend to a better understanding between the parties; therefore he will meet Mr. R. R. alone, at any time and place he will six (before Friday next, or after the Tuesday following), by a line directed as before." Mr. Jackson. My Lord, I beg that the answers may be read, letters and answers as they were written, that the Court and Jury may be in possession of the whole of the subject. Letter read, dated Tuesday the 12th January, 1796, signed R. R. addressed J. O. Oldbam, Esq, Brook-street, Molborn. "SIR,"I am well pleased to find that I am not likely to be mistaken in the idea I have entertained of you. Amongst men of a proper and liberal way of thinking, an understanding on such a matter as this, is the easiest thing imaginable - and in repeating that you will find me a gentleman, I wish you to be satisfied that I am as incapable of taking any unmanly advantage, as of wantooly sporting with the feelings of any one. I have ever despised and execrated the cowardly assassin who, skulking in obscurity, sends forth his malignant shafts to wound the peace and the character of individuals, and I have therefore uniformly resisted every overture that has been made me for such a purpose. My situation, as a literary character, has teemed with temptations, but a sacred principle of honour has superseded them all. The subject on which I have addressed you, has long lain dormant, and it was because I thought the attack of a most serious complexion, that I hesitated for such a length of time in giving any counternance to it - not that I ever fought for any circumstances to influence my judgement or qualify my opinion - and, for ought that has ever come to my knowledge, it may be allthe "moonshine of"the moment." "I am, therefore, so far candid, and, I trust, not indelicate; and it will be at least a satisfaction to you to be told (with a solemnity becoming the character I have prosessed myself), that not a foul but myself is in possession of a line of the MS. nor has it ever been out of my hands, or perused or heard by any person living since first I had it - so that when it is committed to the flames, all will necessarily die with it. Of this you shall have a testimony so clear and unequivocal, that it will not be possible for you afterwards to doubt. "Thus much I have suggested for your satisfaction. You will now give me leave to say something in behalf of the cause I have engaged in. "I have no objection to an interview, and I readily close with your proposition; but there are a few preliminaries first which I must beg leave to adjust - perhaps I may be more anxious to urge them, in order to have some proof of your sincerity - after which I am at your service. "In order to relieve a destitute and unhappy family, struggling with sickness and with sorrow, will you permit me to be your almoner? will you enable me to dispose of a little of your money as I shall see occasion? It is a duty I owe the cause of humanity to urge it. Remember, Sir, I am now only making my appeal to your benevolence; I am holding out no delusions to exact the involumary tribute; I am asking you as a gentleman, as a man, to give me some earnest of your intentions, to prove what I am so strongly inclined to give you credit for - enclose a Bank-note in a letter, addressed to R. R. and let it be left at the Cambridge Coffee-house, the top of Newman-street, in Goodge-street: on the side of the bar, at the entrance of the coffee-room, is a bracket for letters, let it be placed there between the hours of eleven and one, on Thursday next, and at five o'clock on the same day a line shall be sent porter to your house, to acknowledge the receipt - after which, if you will name any day (Friday excepted) in the following week, on which it will suit you, in the evening, to take a bottle of wine, at the king's head Tavern, Middle-row, Holhorn, or elsewhere, I will with pleasure attend you; our meeting is, however, to be private and "sete-n-sete," then, possibly, over the ashes of the MS. a phoenix may arise that may prove a forerunner to friendship. "I shall send to the Coffee-house between the hours of one and four; and I will venture to say, that you will have no reason to be dissatisfied with the event of this correspondence. To obtain a confidence, it is necessary, or at least reasonable, to expect that one should be reposed. "I have the honour to remain, "Sir, your obedient humble servant. "R. R." Mr. Jackson. (To Oldham). Q. I believe, you have copies of your answers to R. R. - A. I have. Mr. Fielding. I shall now read Mr. Oldham's answer to the second letter that has just been read of the 12th. Mr. Oldham. This that has now been read, is the answer to the first letter I sent; the first letter I received was answered by the advertisement; it was dictated by my friends and wrote by Evans. It is read, dated the 14th Jan. 1795, no signature, addressed to Mr. R.R. to be left at the Cambridge Coffee-House, top of Newman-street, in Goudge-street. "SIR,"Your letter which I received on Tuesday, signed R.R. has not afforded me that explanation which I expected; and I thought my answer to your former letter in the Daily Advertiser, would have convinced you that I was ignorant of what could be intended by the paper you sent me in the letter, or what MS. you could be possessed of, the publication of which could be of such importance to me, who am not conscious of ever having done any improper act. But, Sir, as you are a gentleman, and a man of honour, assure me that you have seen and read the MS. in question, and that it contains circumstances rather important to me, I will give you credit for the assertion; and, permit me to say, that you will find me deserving of those characters. But in answer to that part of your letter of the 12th. respecting the Bank-note, which you request of me, I must freely confess, that although I am ever happy to administer to the relief of my fellow-creatures in distress; yet, in a case like the present, not knowing any of the parties or their situation, you cannot wonder I should delay sending any thing, being desirous of seeing the MS. Alluded to, before I send you any remittance; and, therefore, I trust, you will not be offended at the trisling delay this occasions; assuring you, that if you will favour me with a sight of it, you may rely on my honour of returning it with a proper acknowledgment; or, if it be more agreeable, I will meet you alone at any time and place after Tuesday next, that you will mention; and I have no objection to have the meeting at the King's head Tavern, Middle-Row, Holborn; but if you have any preference to another house, pray name it, and I will attend you with pleasure." Mr. Jackson. (To Oldham). Q. Did the prisoner call upon you to produce your answers before or after the reading of the letters? - A. It was while the first lotter was reading, I believe. Q. You succeeded your late master in business? - A. Yes. Q. I believe, you were fortunate enough to gain the affections of his widow? - A. I was. Q. How long after the death of your late master? - A. Twelve or fourteen months. Q. Did it not happen, at that time. that some persons amused themselves with writing squibs, and things of that kind upon the occasion? - A. I never saw any nor heard of any. Q. Give me leave to ask you, when you wrote these letters, solemnly pledging your honour, in the way that has been read, and inviting further communication, was it not with a view that this person should produce the manuscript in question, whatever it might be? - A. With this view, and this only, I declare, upon my oath, to bring him to justice. Q. Granted; but when you expressed so much anxiety to see the manuscript, after the contents were thus intimated, did it not arise from a curiosity to see what it might contain? - A. Not any; but merely to bring the man to justice; I would have parted with my heart's blood, before I would have given him any money. Letter read, dated Thursday, half past twelve o'clock, Grecian Coffee-House, Temple. "SIR,"I wish I had said sufficient in my last, to have made any farther explanation unnecessary. I am perfectly satisfied with your attention, and should really feel comfortable, if I could, consistent with circumstances, comply in every respect with your wishes, and unreservedly to place that confidence in you, which, perhaps, you have some right to think yourself entitled to. But this is a very delicate point, a matter of the nicest discrimination, and a very little reflection will convince you, that although I might be justified in producing the MS. at an interview, I could be no means part with it thus hastily, without a manifest breach of confidence and honour. Of me, personally, it is very true, you know nothing, but you have politely given me credit for my assertions. Hence it follows, that I am possessed of something - that something has led us into a correspondence; but whether founded on facts or not, I still repeat, I have no kind of inclination to risque a conjecture. I have assured you (and you seem to take it for granted) that I am a gentleman, and a man of honour - surely then you can commit no great error in confiding to a person of this description, some little earnest of your sincerity. I have not, with bold indecency, presumed to dictate to your liberality. I have reason to know you possess the means, in a very high degree, and to believe that you have a-disposition to be generous, but I have left to yourself to exercise it as you please. I have merely hinted to you, that a Bank-note(without affixing any specific value to it) would pave the way for an interview we might both have reason to be pleased with. And if I am worthy of your confidence in one respect, I cannot be altogether undeserving of it in another. "If it will, in any measure, be satisfactory to you, I will (if you desire it) promise you on my word (and as a pledge of future confidence between us). that I will not part with any note you may send me, until after our interview; nor shall the parties know I have received it; I will myself administer a trifle to their immediate necessities - still reserving the power to do as I please with it after you and I have met. "I shall send to the Cambridge Coffee-house again between eight and ten this evening, when, I trust, you will have considered the matter, and I shall find my request complied with; it may be necessary, however, to add, by way of preventing any further waste of time in epistolary intercourse, that my conduct is generally marked by a firmness and consistency, which I seldom see occasion to depart from; - nor will you, after this declaration, seek to alter my purpose, or in any other respect to urge me (not) to insist on a sacred adherence to this ten or of the letter. I remain, Sir,"Your most obedient, and respectful servant, 14th Jan. 1796."R. R." "P. S. I have not the MS. about me; but, if sending you a page or two of it, will be any kind of satisfaction, I will transcribe the first half dozen stanzas, and send them to your house by twelve to-morrow." J. O. Oldham, Esq. Brook-street, Holborn. (Porter paid). Q. (To Oldham). This is a copy of the answer you sent to that letter. - A. It is. It is read, dated 14th Jan. 1796, addressed to Mr. R. R. Cambridge Coffee-House, Newman-street. "SIR,"Upon my return this instant, I found your note, dated from the Grecian Coffee-house, Temple. I am sorry that I am under the necessity of repeating, that I with to see the MS. or a few pages of it, before I comply with your request of sending a Bank-note, for as I have not the pleasure of knowing you, and am aware that I never injured mankind, I am at a loss to guess the subject upon which the MS. can be written. I have already assured you, that I will act honourably with you; and hope you will place some confidence in that assertion. - I have no with to get the MS. from you, if it will be my breach of confidence in you to part with it. But I with to read it, I own; and, therefore, if you will appoint a meeting after Tuesday, I will wait upon you with pleasure, when I can read it in your presence, and you can take it with you again (not wishing that you should be guilty of any breach of confidence on my account) with any thing that I may think requisite; but before Wednesday I cannot meet, as I am going out of town to-morrow, and shall not return until Tuesday night. You, I trust, know that confidence in me will not be misplaced, and therefore pray give me my own humour for a little while, and you may have no occasion to be dissatisfied." Mr. Jackson. (To Oldham). Q. Whether, in point of fact, it ever afterwards happened to you to receive a manuscript? - A. I received, what he calls a part of one, in a fourth letter. Letter read, dated Tuesday noon, 19th Jan. 1796, signed R. R. and addressed J. O. Oldham, Esq. "SIR, "I have complied so far with your earnest wishes, and with the promise in my last, as to send you enclosed nearly half the MS. I would rather you had suffered me to have my humour, but there seeman ingenuousness in your manner, which I interpret into a sacred principle of honour, and which, I am proud to say, I was never yet mistaken in or deceived by. "In regard to the MS. permit me once more to declare, that I know not the grounds (if any) to which the subject is directed, and I am perfectly disposed to believe, that you speak truth, when you observe, that you are not aware of having ever injured mankind. Animated by that consciousness, no man need shrink from enquiry, and far be it from me to suffer you to be disturbed; I have interested myself merely with a view to serve and to relieve a wretched groups of destitute sufferers, and by delegating me, as your agent, to administer to their distresses, you are certainly securing yourself another source of satisfaction. "Between the hours of five and seven to-morrow evening, I shall look for a letter from you, addressed as before, to the Cambridge Coffee-house. I am thus particular in naming the time, because it gives me an opportunity to ascertain the proper moment for sending, and besides prevents any impertinent hands from getting possession of the letter. I have only to add, that I have not a doubt but your next will contain the expected (and I may say the promised) remittance-after receiving which, if you still desire to see me, I will with pleasure attend you any evening but Friday, and will leave to yourself to determine; I have no partiality for the King's-head, Middle-Row, but I think it better than a coffee-room, as our business would be rather of a private nature. "And now, Sir, I have placed a confidence in you, with the fullest assurance that it will be returned. The MS. enclosed is only a copy, and you may, if you please, keep it; but when we meet, the original shall be destroyed, and I will give you the most solemn unequivocal testimony, that not a line of it is any where extant, and that it has never been out of my possession, or seen or read by any one bet yourself. "I am, Sir, your's, &c." The Poem was then read as follows: OLD HAM FRESH DREST , &c. BOOTED and spurr'd, our gallant wight Returning late one winter's night From toil, hard ware and duty, Took Pancras church-yard in his way; For near that spot, the gossips say, He kept a pamper'd beauty. Darkness and silence reign'd around, When lo! the church-bell gave a found, Such as chill terror brings, When some pale spirit, long since sled, Haunts the black caverns of the dead, To tell of - WICKED THINGS! But left the world should think it strange, A marry'd man shou'd, rake-like, range, This will explain the matter; The WIDOW late had slipt her breath, And even died a nat'ral death! Tho' Justice murmur'd at her! So circumstanc'd, 'tis not uncommon For widowers to keep a woman, Altho' not over chaste: For beauty has a thousand charms To lure to its devoted arms A trading cull of taste. We bards that use familiar rhyme, Never affect a style sublime, Nor heed we little errors; The reader therefore will excuse The lapse of a plain-dealing muse, ALBEIT SHE SINGS OF TERRORS! Involuntary as surprise; Our hero paus'd and rubb'd his eyes, And thought he must be dreaming; When lo! another dismal found, With groans terrisic teeming!"What could possess me," thus he cried,"So late at counting-house to 'bide!"I'd better mend my pace. "It is not that I'm apt to fear;"But none wou'd like this knell to hear"In such a lonely place!" With quicken'd steps he brush'd along, The ling'ring path seem'd length'ning on, For conscience was not stout; Silent the bell - but swift as light A spectre slitted by his sight, And cried, "THE DEED WILL OUT !" If 'midst the busy scenes of life, We seek to calm internal strise And snatch a cheerful hour, The jocund tale, the flowing bowl, Will shed oblivion o'er the foul, And check reflexion's pow'r. But when dark solitude pervades The midnight scene - and silent shades Are wrapt in awful gloom, Where is the mind impair'd by GUILT? Where is the hand that BLOOD has spilt, That shrinks not at its doom? Ah! what avails each grand parade By the proud hand of fashion made, And scenes of splendid riot? What charm can health or wealth impart? What tranquil moment knows the heart When CONSCIENCE is not quiet? What! though a borough could be found, And bought for thirty thousand pound, What comfort would be in it? Altho' to mark a soaring mind, A tradesman tries that way to find A seat in England's f-n-e. *************** *************** ("This stanza appears too personal to be introduced at present") Is there not wrap't in Fate's dark womb, A tale for ages yet to come? A foul, unnat'ral deed? Did not black Avarice conspire With all the rage of lustful fire? DID NOT THE VICTIM BLEED? Oh! that fair Charity, mild maid, Indulgent to the widow's shade, Cou'd check conjecture's course. That busy memory no more Might the mysterious deed explore, Or trace its FATAL SOURCE! But - ! let the muse resume her strain, And to her tale return again; Whilom of ghosts she sung-When a grim spectre struck his sight, Distinguish'd by a glimm'ring light, It seem'd to bear along. "THE DEED WILL OUT ," the phantom cried, And forwards mov'd from side to side, To intercept his rout; Whilst our pale traveller dismay'd, With falt'ring speech address'd the shade, And ask'd, "WHAT DEED WILL OUT?" "Pause thee a while, and lift!" - it said, And sigh'd and shook its aged head.(Our hero trembling stood!)"Why in the early scenes of age,"Didst thou in such a deed engage?"Remember - BLOOD for BLOOD! "Of years, not five times five are past,"Since, circled round thy humble waist,"The dingy apron hung, - "Thy heart then no soul mischief brew'd;"Thy mind a moral track pursu'd;"And guileless was thy tongue: "Till dire ambition, like a fiend,"That hurls destruction, without end,"On each devoted slave,"Burst forth. - Then lust assum'd a name"To hide a secret guilty flame,"And doom me to the grave! "The poison'd chalice (fatal draught!)"To my unconscious lips was brought - *********** *********** Mr. Jackson. My Lord. It falls to my duty to address to your Lordship certain objections that seem to me to arise upon this cafe, resolving themselves into this main proposition, that the evidence does not meet the charge in the indictment, or satisfy the meaning of the statute on which it is founded. My Lord, however it may be the right of every person, who is brought into the perilous situation of the prisoner, to interpose, before your Lordship, any kind of objection that can technically, or, in point of law, be taken; and however your Lordships' humanity hourly leads you to be the guardians and expositors of that right, I do assure your Lordship, that I should be extremely unwilling to employ that discretion which your Lordship's condescension allows to advocates upon all occasions, to offer to your Lordship any objections that do not appear to my humble capacity to have that weight with them, that such circumstances and such a situation call for. My Lord, the first objection I shall submit to your Lordship is, that the sending, which the Act peremptorily requires, has not been established. It must forcibly have struck the mind of your Lordship, that the only proof of the sending, is derived from an inference which establishes this man to have been the hand receiving the last letter of a long correspondence. My Lord, I submit, that that sending never has, on any occasion, nor would your Lordship now suffer it to be established by mere inference, but it must be a substantive sending; and, your Lordship knows, a common delivery has been held not to be a sending; and, without detaining your Lordship upon this point, I am sure the circumstances of this case have made a greater impression upon your Lordship's mind, than any thing I can say upon the subject. Mr. Justice Lawrence. I don't know what you allude to, by saying a common delivery is not a sending, within the Act of Parliament. Mr. Jackson. My Lord, in Hammond's case, the Judges say, "In all cases so highly penal as the present"case, it is certainly necessary not only to consider the"intention of the Legislature, but to bring the offender"within the words of the Act of Parliament itself."The act of merely writing a threatening letter, will"not constitute this offence; for, unless the writer, or"contriver of such a letter, afterwards sends it to the"party, whole fears, the threat it contains, was calcu-"lated to alarm, it cannot possibly produce the mis-"chief which the Legislature intended alone to suppress." So that it turns upon the fact of delivery and not sending. The next objection I submit to your Lordship is, that this is not a letter without a name signed thereto, with in the meaning of the Act on which it is founded: a letter which contains initials cannot be said to be a letter without a name; and I submit to your Lordship, that though it may not amount to a name, which is said to be the discriminating appellation of an individual, that still it does amount to a designation, that law, reason, and the common intercourse of life has suffered to pass for a name. Bills of Exchange to an immense amount are accepted by initials, and upon these bills, so accepted, an action may be maintained. When the initials of men are forged, they are also of consequence enough to maintain an indictment. And your Lordship knows, that in certain eminent branches, perhaps of our own profession, and in many other circumstances in life, it is some degree of indication of rank and elevation, and is frequently resorted to as a substitute for signing a name. My Lord, I should not trouble your Lordship to hear abstract reasoning, if I was not fortified by the Legislature itself, in the Acts which I am humbly endeavouring to interpret. Your Lordship knows, this Act professes to be explained and amended by the 27th of George II . chap. 15. there it says, "That persons, who shall knowingly send,"without any name subscribed thereto, or signed by a"fictitious name, any letter or letters, threatening to"kill and murder, shall be guilty of felony within the"meaning of that Act." My Lord, Mr. Fielding, in his opening, seemed to think aid could be borrowed from that Act. I submit to your Lordship, no aid can be borrowed from that Act, unless the indictment had brought the offence within the express words of that Act; because, that Act of 9 Geo. I. states only two offences, namely, that of sending a letter without a name, or sending it with a fictitious name. The statute 27 George II . states three offences: sending a letter without a name, sending a letter with a fictitious name, and sending a letter with marks, or fictitious marks. I admit, that if this second statute had been merely intended to explain the order of proceeding upon the first, that concluding - contrary to the form of the statute, would have been perfectly sufficient; but I believe your Lordship will find it laid down, that where, as in the present case, an Act has been continued from time to time, and received considerable additions, and is then rendered perpetual, I contend, that no aid could be derived from it, unless the conclusion had been - contrary to the form of the statutes. My Lord, if it should be contended that this is driving the prosecutor to the 27th of George II. which enacts a punishment for threatening with murder or the burning of houses, although it should not exact money. My Lord, I reply to that, that I shall refer my learned friend to another Act, upon which alone this indictment could be founded, which establishes this offence to be a high misdemeanour, and which Act, I shall beg leave of your Lordship, presently, to advert to. My Lord, the next objection which I submit to your Lordship, is, that this letter does not contain a demand, within the letter, or the meaning of that Act of Parliament; I submit to your Lordship, that the letter must be a threatening letter; that is, that the demand it contains must be a clear and peremptory demand, accompanied with an intimation of bodily harm, in case it be not complied with. My Lord, I feel myself warranted in that proposition, by act 9 George I. to which I contend this indictment must be confined, and beyond which it cannot be extended. Your Lordship will learn from the title of that act, that it is "an act for the more effectually punish-"ing evil and wickedly disposed persons going armed"in disguise, and doing injury and violence to the pro-"perty of his Majesty's servants." Your Lordship well knows, that that act was introduced, in order to correct violences of a nature extremely atrocious, and which obtained at that time; but that nothing could be more distant from its contemplation than that species of offence this day brought before your Lordship, and which is attempted to be engrasted upon that act. And,my Lord, I conjecture so from the only legal way of making out the meaning of an Act of Parliament, namely, its preamble,which after stating the then predominant evils of breaking into parks, cutting down timber, robbing warrens, and fish-ponds, going armed in disguise, stealing the King's deer, and a number of enumerated violences, goes on to enumerate that among the evils which this act meant to guard against."That whereas such persons"have likewise solicited several of his Majesty's sub-"jects, with promises of money, or other rewards, to"join with them, and have sent letters in fictitious"names to several persons, demanding venison and mo-"ney, and threatening some great violence if such their"unlawful demands should be refused." My Lord, I submit to your Lordship, that the obvious intention of that act was to correct violences of so atrocious a nature, as those to which I am alluding, and I feel myself still further fortified in this conclusion, by the doctrines of your Lordships upon every occasion where this species of offence has been brought before you; that it does happen regularly, and I hope it will turn out providentally for the prisoner, that your Lordships have constantly and invariably attended to the words "threatening letter," and also laid down that it should be that kind of threat that shall be so clear and unambiguous, that it shall be impossible to misunderstand the fort of bodily harm that it meant to convey. In Girdwood's Cafe, in Mr. Leach's Book 143, that impression was strong upon the mind of one of your Lordships; the question that was there left to the Jury was, whether there was a sufficient evidence of its purporting to be a letter threatening to kill and murder. My Lord, I conceive that the constant understanding of threatening letters under this act of George I. which this act professes to amend and explain is, that they threaten bodily harm if its request is not complied with; and what induces me to refer to that case is, that though the letter upon that indictment was nearly as strong a one as could be penned, namely, "I am sorry to find a"gentleman like you, would be guilty of taking Ma-"callester's life away for the sake of two or three gui-"neas; but it will not be forgot by one who is but just"come home to avenge his cause; this you may depend"upon, whenever I meet you, I will lay my life for"him in this cause; I follow the road, though I have"been out of London; but on receiving a letter from"Macallester before he died, for to seek revenge I am"come to town, I remain a true friend to Macallester. "J. W." My Lord,upon this letter, strong, powerful, and atrocious as it seems, the jury find the party guilty; the Judges say, that they thought the construction the Jury had given to that letter was, in their opinions rather trained. I merely mention this to shew your Lordship, that not only the Legislature, but that your Lordships uniformly have interpreted every letter sent under this act,as a letter,not only a threatening letter, but that kind of threat, clearly and expressly containing an intimation to do bodily harm. My Lord, I don't know choosen offence of this description has been brought before your Lordships upon a capital indictment, and put to the awful issue of life and death. This was a negociation to obtain a manuscript, which might well raise the curiosity of the party, a manuscript which I am certainly not called upon to defend; but to satisfy your Lordship that it does not come under this Act of Parliament,but another expressly providing for that species of offence; for however atrocious that manuscript may seem to the moral eye, your Lordship, as long as a subsequent statute, provided for that kind of crime, will govern yourself by the later and more humane statute, which must be understood so far to repeal the operation of the former. My Lord, your Lordship has seen, by the course of the evidence, which has been adduced before you, that I am perfectly warranted in calling it a negociation for the possession of a manuscript; for though Mr. Oldham may assure you, that when he pledged his sacred word of honour, that no harm should arrive to his person, when he produced the most solemn asseverations of how well placed his confidence might be, that at last, all that did but produce the whole object of the negociation; for the letters before your Lordship are nothing more than such a negociation, and the only point of difficulty throughout, seems to be,(each of the parties solemnly pledging their honour, their gentility, and their good faith) whether the manuscript should be first delivered, or the money paid; and, my Lord, however unpleasant that manuscript may appear, it does itself amount to this, that the few pages that have been so earnestly and so anxiously sought for, under an asseveration so solemn, was at last delivered before the money was given. My Lord, the only remaining point that I shall submit to your Lordship, is that the thing here requested, namely, a Bank-note, is not a valuable thing within the meaning of that Act of Parliament. My Lord, it is not necessary for me, upon that, to trouble your Lordship at any length, because I apprehend the proposition is perfectly indisputable, that at the time of passing this Act 9 George 1. neither a Bank-note, or any other chose in action, was within the protection of that act, or even the subject of a larceny. It is true, that by a statute, considerably after that period, the legislature did extend its protection to the Bank-notes and other choses in action, to make it the same degree of felony, as if the larceny had been committed upon effects or goods to the same amount. My Lord, I contend that at the time of passing this Act, the Legislature could have, by no possibility, the contemplation of a Bank-note, being a valuable thing, within its meaning; when speaking of money and venison, I need hardly tell your Lordship, that a Bank note is intrinsically worth nothing, and derives no protection or value, but as derived from the Legislature; and therefore I submit it did not receive that legal value at the time of passing the Act of George II . and that even now the Bank is within the protection of that Act, and therefore protected from larceny, was neither by that nor any subsequent statute, protected from the sort of offence charged to-day, namely, demanding a Bank note through the medium of a letter. My Lord, I apprehend therefore, that your Lordship will not strain it to the extent, that the Legislature has not strained it, namely, to protect Bank notes from this sort of demand. These are the objections which I have thought it my duty to urge to your Lordship, and I am sure they will have their due and proper weight. Court. It appears to me, that the sending is no objection; but it is clear in Hammond's case, that the letter was actually delivered to the person to whom it was addressed. In Girdwood's case, the letter was sent by the Post; and the man was executed. Now, it appears that this letter came to Mr. Oldham by the Post; and it is for the Jury to decide, whether they do not think it was sent by the prisoner. As to the last objection, I think there is no great weight in it; for, though it is not a chose in action, it is a valuable thing, and it would be a threat, within the Black Act. With respect to the other two objections, it seems to me a very difficult thing to say that the two letters of a name to the acceptance of a bill of exchange, is not a name. However, there is something in the argument derived from the act Geo.II. and I think it is a case fit to be considered. Mr. Jackson. I beg your Lordship's pardon; I meant to contend, that this is an offence precisely within the statute 30 Geo.II. Court. I was going to mention that act, as having considerable weight, but these are considerable points upon the subject of an Act of Parliament;I therefore do not feel myself authorized to give a decision upon so considerable a question. I shall sum up the facts to the Jury, hear what their verdict is, and, according to that verdict, judge whether it is necessary to take the opinions of the judges or not. Mr. Fielding.In the case of the acceptance of a bill of exchange, you are immediately led to the knowledge of the place and the person, merely by the initials. As to the letters R.R. they mean nothing; we know F.R.S. thesis for a Fellow of the Royal Society; but when it was proposed to an old gentleman, belonging to a society of that sort, to expound,he said,it certainly meant, a fellow remarkably stupid;so much for initials. And, with respect to the existence of the statute, that statute exists at this moment, and will operate upon every thing valuable at this instant of time. Prisoner's defence. My Lord, my counsel being in possession of all the facts, I have nothing more to say. GUILTY , Of writing and sending a letter to the prosecutor, threatening to publish a libel, imputing to him the murder of his master, for the purpose of extorting money. Death .(Aged 45.) Judgment respited, the case being reserved for the opinion of the Judges. Tried by the London Jury, before Mr. Justice LAWRENCE. 226. ANN LEMON was indicted for obtaining, under false pretences, on the 18th of November , a pair of worsted stockings, value 2s. 4d. and a muslin handkerchief, value 2s. the property of Joseph Todd . LUCY TODD sworn. I live in Fore-street ; I am the wife of Joseph Todd ; I am a haberdasher ; I know the prisoner; I never saw her till the time that I served her: On the 18th of November, between the hours of four and five she came to me, and said, she was come from Mr. Richardson, in Little Trinity-lane, for a pair of common worsted stockings for her mistress, and a muslin handkerchief for the little girl to go to school in; that is all I served her with. Q. What is Mr. Richardson's name? - A. Henry. Q. Do you know the little girl's name? - A. Mary. Q. Was Mr. Richardson a customer of your's? - A. Yes; they were particular good customers. Q. What is the value of the stockings? - A. Two shillings and four-pence, and the handkerchief two shillings; I delivered the goods myself; I thought she was a servant of Mr. Richardson's at that time. MARY RICHARDSON sworn. I live at the Farnham-castle, in Little Trinity-lane; my husband is a publican. Q. Do you know the prisoner? - A. Yes; she lived as servant with me. Q. When did she quit your service? - A. The 21st of July. Q. Did you send her in November last to Mrs. Todd's? - A. I never saw her from the time she quitted my service, till she was taken up by the constable, which was in December, I believe. Q. Did you ever send her in the month of November for any clothes to Mrs. Todd? - A. No, I did not. Q. You have a little girl? - A. Yes. Q. What is her name? - A. Mary-Ann Richardson. Prisoner's defence. I have nothing at all to say. GUILTY . (Aged 19.) Transported for seven years . Tried by the second London Jury, before Mr. COMMON SERGEANT. MR. JUSTICE ASHHURST DELIVERED THE OPINIONS OF THE JUDGES, ON THE CASES OF MARIA TERESA PHIPOE , who was tried in May Sessions, And of JAMES KNEWLAND and NATHANIEL WOOD , who were tried in February Sessions, as follow: PHIPOE'S Case. In the case of the King, v. Phipoe, the prisoner was indicted on the statute 2 Geo. II . chap.25, for a robbery on John Courtoy , on the 14th of April, 1795, in a dwelling-house near the highway, and taking from him, a Promissory-note, of the value of 2000 I. signed John Courtoy, against the statute; and, in a Second Count, for stealing, in the dwelling-house, a Promissory-note of 2000I. signed by the said John Courtoy , the same being the property of the said John Courtoy , against the statute, and so forth. It appeared in evidence, that the prosecutor, John Courtoy , came, by the invitation of the prisoner, on the 14th of April, to the prisoner's house, about nine o'clock in the evening, and was taken by her into a room where were two pistols, two knives, and powder and ball; that the prosecutor was detained, by force, three hours, and was compelled by the prisoner, with a drawn knife, with which his hands were very much cut, to sign the note specified in the indictment, for 2000I. payable at two months, to the prisoner, or order; and which the prisoner attempted to get discounted; and was found in her possession. The Jury found her guilty; but the counsel for the prisoner contended,first, that this was not a robbery within the 2 Geo. II . chap. 25, the note being of no value in the hands of the prosecutor; and, secondly, that the indictment was bad, because it stated the offence to be committed against the form of the statute; when it should have been against the form of the statutes. The Judges have attended to this case, and are all of opinion, that this is not a case within the statute 2 Geo.II. chap.253 nor is there any reason to think that such a case was in the mind or contemplation of the Legislature at the time of making this Act of Parliament. The instrument itself does not import any property, either general or special in the prosecutor; nor was the prosecutor any one moment in the quiet and peaceable possession of it; it does not appear that the prosecutor had even a property in the paper upon which the note was written, most likely not, for it appears, that the note was written at the prisoner's house. Therefore, the Judges are clearly of opinion, that this paper never was an object of felony. WOOD and NEWLAND's Case. This was an indictment against Nathaniel Wood and James Knewland , who were convicted before Mr. Justice Heath, at the last Old Bailey Sessions, for assaulting Sarah Wilson , in the dwelling-house of James Knewland , and taking from her person one shilling. (Here the learned Judge stated the evidence, and proceeded as follows:) The Judge directed the Jury, upon this evidence, to find the prisoners guilty, if they believed this to be a conspiracy and combination of the prisoners to get this money from the prosecutrix; the Jury, upon that occasion, found both the prisoners guilty; and the question for the opinion of the Judges was: "Whether the facts stated, amounted to a robbery in the manner mentioned in the indictment."-The Judges, after consideration, are all of opinion, "That the prisoners were improperly convicted." In order to constitute a robbery, it is necessary that the taking the property should be accompanied with force and violence; or, that the property should be delivered by the owner, under circumstances of terror; and that terror may be of two kinds, namely, for the safety of their own person, or their good fame; it is not compatible with reason, that the law will allow the threat of sending a person to prison equivalent to a forcible taking, because, if a person were threatened to be sent to prison, the law would set them free. There was no reason for such a degree of terror here, as to induce her to deliver her property; but, the threat of a man's good fame, as a charge of sodomitical practices has been deemed sufficient, that being a charge of so odious a nature, as to strike every man with horror. The delivery of the property was not, in the present instance, accompanied with any circumstance sufficient to constitute a robbery; for the prosecutrix said, that she only parted with her money from the fear of being sent to Newgate, and not out of fear or apprehension of any other personal force or violence. Now, that, the law does not allow to be a sufficient ground of terror as to constitute a robbery, as she might have relieved herself by paying the money; the party might have known, that having done no harm, if she had been taken to prison, the law would have taken her immediately into its protection. We are, therefore, all of opinion, that the prisoners were convicted improperly upon this indictment; there certainly might be other means of indicting them for a misdemeanour; the persons who joined in this attempt might be properly punished, but this is not the way of setting about it. Therefore, upon this indictment, we are all of opinion, that see facts are insufficient to convict the parties. The SESSIONS being ended, the COURT proceeded to GIVE JUDGMENT, as follows: Received sentence of Death - 13. William Millan, Thomas Thompson , John Williams, Charles Hoppe , Thomas Atwell , Samuel, otherwise William Tramp, William Clare , William Ashley, Thomas Tabor , John Tait , James Freers, Thomas Davenport , and William Lee. Transported fourteen years - I. William Bateman . Transported seven years - 18. George Wakeman, Alexander Dew, William Beldham, James Sparks , Ann Crawley , George, otherwise William Davies, Elizabeth Barnes, Joseph Haggett , Ann Lemon, Samuel Hannat, John Mills , Thomas North, John Fry , Lewis Goulding, Alexander Patten, Samuel James , William Mobbs , and George Wolse . Fined Is. and imprisoned in the House of Correction six months - 7. William Wallis , William Griffith, Mary Harding , John Johnson , John Abershaw , Margaret Mackenzie , and Thomas Davis, otherwise Evans. Publickly whipped, and imprisoned in the House of Correction six months - 2. James Profit, and John Castle . Fined Is. and imprisoned in Newgate one year - 3. Richard England, James Mostyn , and John Kelly . Publickly whipped, and imprisoned in Newgate three months - I. James Davidson. Fined Is. and imprisoned one month - 4. Alexander Casey, John Hollier , John Cross . Mary Berry , and Fined Is. and imprisoned one week - Is Joseph Davison . Publickly whipped, and imprisoned a fortnight - I. John Martin. Privately whipped, and imprisoned a fortnight - I. Ann Brown. Sentences respited to go into the Army - 3. William Peat , Robert Peat, and Thomas Collier.

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CENTRAL CRIMINAL COURT Sessions Paper. SAVORY, MAYOR. ELEVENTH SESSION, HELD SEPTEMBER 14TH, 1891. MINUTES OF EVIDENCE. TAKEN IN SHORT-HAND, BY JAMES DROVER BARNETT AND ALEXANDER BUCKLER , Short-hand Writers to the Court, ROLLS CHAMBERS, No. 89, CHANCERY LANE. THE POINTS OF LAW AND PRACTICE REVISED AND EDITED BY EDWARD T. E. BESLEY, ESQ., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. LONDON: STEVENS AND SONS, LIMITED, 119, CHANCERY LANE. Law Booksellers and Publishers. THE WHOLE PROCEEDINGS On the Queen's Commission of OYER AND TERMINER AND GAOL DELIVERY FOR The City of London, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION OF THE CENTRAL CRIMINAL COURT Held on Monday, September 14th, 1891, and following days. BEFORE the Hon. Sir JOHN COMPTON LAWRANCE , Knt., one of the Justices of Her Majesty's High Court of Justice; Sir POLYDORE DE KEYSER , Knt., Sir REGINALD HANSON , Bart., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., Recorder of the said City; JOSEPH RENALS , Esq., WALTER HENRY WILKIN , Esq., HORATIO DAVID DAVIES , Esq., FRANK GREEN , Esq., and MARCUS SAMUEL , Esq., other of the Aldermen of the said City; and Sir WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court. Sir WILLIAM FARMER , Knt., Sir AUGUSTUS HENRY GLOSSOP HARRIS , Knt., Sheriffs. BEAUMONT SHEPHEARD , Esq., THOMAS BEARD , Esq., Under Sheriffs. CENTRAL CRIMINAL COURT SAVORY, MAYOR. ELEVENTH SESSION . A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age. LONDON AND MIDDLESEX CASES . 634. BENJAMIN MADDOCKS BREW (52) wag indicted for un lawfully obtaining from the Embossed Wood Fibre Company, Limited, £791 13s., and from John Barker and others £833 6s. 8d., with intent to defraud. MR. BODKIN . for the prosecution, offered no evidence. NOT GUILTY . 635. WILLIAM WHYTING (24) PLEADED GUILTY to stealing £152 10s. of the London and County Banking Company, Limited , his masters.— Twelve Months' Hard Labour. 636. WILLIAM COOPER (28) , to stealing two bracelets and other articles, value £60, of the Science and Art Department .— [Pleaded guilty. See original trial image.] Twelve Months' Hard Labour. 637. HENRY BRUCE (39) and HENRY PRIMMER (26) , to unlawfully and maliciously damaging a plate-glass window, the property of James William Benson and others.— [Pleaded guilty. See original trial image.] Six Months' Hard Labour. 638. ROBERT WOOD (35) , to unlawfully damaging a plate-glass window of John Mason Cook .— [Pleaded guilty. See original trial image.] Twelve Months' Hard Labour. 639. WILLIAM HARTLEY (22) , to feloniously breaking and entering the dwelling-house of Clara Jones , and stealing a quantity of gas fittings and other articles, value £10.— [Pleaded guilty. See original trial image.] Nine Months' Hard Labour. 640. FREDERICK SAMUEL HAM (27) , to stealing, whilst employed in the Post Office, a letter containing 15s., the property of the Postmaster-General .— Three Years' Penal Servitude. 641. WALTER HERBERT HUGHESDEN (22) . to stealing, whilst employed in the Post Office, a post letter containing a postal order for 15s.— [Pleaded guilty. See original trial image.] Twelve Months' Hard Labour. 642. ARTHUR HUCKLE (36) , to stealing, whilst employed in the Post Office, a letter containing a postal order for 7s. 6d.— [Pleaded guilty. See original trial image.] Twelve Months' Hard Labour. 643. JOHN WILLIAM MAINWARING (22) , to stealing, whilst employed in the Post Office, a letter containing a sovereign, two half-crowns, and 1s. 6d.— [Pleaded guilty. See original trial image.] Judgment respited. 644. ALFRED WILLIAM POWLEY (19) , to three indictments for stealing, whilst employed in the Post Office, letters containing postal orders for 10s., 2s. 6d., and 2s. 6d. — [Pleaded guilty. See original trial image.] Three Years' Penal Servitude. 645. GEORGE THOMAS (25) , to stealing, whilst employed in the Post Office, a packet containing 16s. 6d.— [Pleaded guilty. See original trial image.] Fifteen Months' Hard Labour. 646. HENRY RHODES (24) , to four indictments for stealing, whilst employed in the Post Office, letters containing postal orders, and feloniously forging and uttering receipts for the same. — [Pleaded guilty. See original trial image.] Seven Years' Penal Servitude. Nearly 3,000 stolen letters were stated to have been traced to the possession of the prisoner. 647. SAMUEL BISHOP (20) , to four indictments for forging and uttering endorsements on orders for the payment of money.— [Pleaded guilty. See original trial image.] Four Months' Hard Labour. 648. JOHN BROWN (19) , to stealing a post letter containing a postal order for 20s., the property of the Postmaster-General , he being employed under the Post Office.— [Pleaded guilty. See original trial image.] One Day's Imprisonment. 649. CHARLES KING (26) , to stealing a post letter containing certain postal orders, the property of the Postmaster-General , he being employed under the Post Office.— [Pleaded guilty. See original trial image.] Nine Months' Hard Labour. 650. JOHN THOMAS DESBOROUGH (22) , to stealing two post letters, the property of the Postmaster-General , he being employed under the Post Office.— [Pleaded guilty. See original trial image.] Three Years' Penal Servitude. 651. GEORGE EDWARD ROGERS (49) , to attempting to kill and murder himself. — [Pleaded guilty. See original trial image.] Judgment respited. And (652). JOHN ZAVIER WILLIS (21) , to forging and uttering an order for the payment of £78 15s.— [Pleaded guilty. See original trial image.] Fifteen Months' Hard Labour. 653. JOHN TURNER (32) and ALICE TURNER (30) , Unlawfully possessing a mould for coining counterfeit florins, to which John Turner PLEADED GUILTY .**— Five Years' Penal Servitude. MR. WILKINSON , for the prosecution, offered no evidence against Alice Turner. NOT GUILTY . 654. CHAELES. COLLINS (59) , Unlawfully uttering counterfeit coin. MR. WILKINSON Prosecuted. MATILDA COLE . I am barmaid at the Queen Adelaide, Hackney Road—on August 17th, about 9.50, the prisoner came in for a glass of mild and bitter ale, and gave me a florin; I put it in the till, gave him the change, and he left—he returned about 10.10 to the middle compartment, and asked me for a glass of mild and bitter ale, and gave me a florin; I put it into the till, and gave him 1s. 10 1/2 d. change, and he left—he came again about twenty minutes afterwards for some mild and bitter ale, and gave me a florin; I tried it in the tester, and it bent—I showed it to my aunt, and a policeman was sent for—we had cleared the till, and put the money in a glass behind after the prisoner's second visit, and then we went to supper—five florins were found in the glass, two of which were bad—these are them—I gave the third to my aunt, and saw her give all three to the constable. Cross-examined by the Prisoner. There are three compartments in the bar, two persons were serving besides me—I did not notice whether you were sober the first or second time I served you—I did not know you as a customer—I do not know whether you came in a fourth time. JAMES DUNGATE ( J 167). On 17th August, about 10.30, I was called from the point, to the Queen Adelaide, 200 or 300 yards off—the landlady said that the prisoner had passed three coins, holding them in her hand in front of him; he said nothing—I took him in custody, searched him, and found one penny in his trousers pocket—I took him to the station—he was charged and said nothing; he had been drinking, but was not drunk—he gave his address, 21, Green Man Street, Essex Road, Islington. Cross-examined. The barmaid said that you gave her three coins, but a fourth was found in the till after you were taken into custody—the barmaid said she put the coins in a glass a minute or two after she changed them; she said nothing about putting them in the till—I found your address correct, and saw your wife and children—I found nothing detrimental to your character. WILLIAM JOHN WEBSTER . I am inspector of coin to Her Majesty's Mint—these three coins are counterfeit, and from the same mould—here is a fourth here which is from a different mould. The prisoner in his defence denied knowing that the coins were bad. He received a good character. NOT GUILTY . 655. ASHTON LESLIE ,. alias HORACE LIDDINGTON (19) , PLEADED GUILTY to two indictments for uttering two forged orders for £12 and £20; also to another indictment for uttering a forged order for a cheque-book. He received a good character from his employer, and his brother stated that his conduct had been so extraordinary that his intellect was supposed to be affected.— Judgment respited. And (656). ARMON HICKS (47) , To feloniously marrying Eleanor Margaret Moore , his wife being then living.— [Pleaded guilty. See original trial image.] Two Days' Imprisonment. 657. THOMAS CHARLES COUSINS (24) , Stealing a post letter containing three postal orders for 20s., 20s., and 10s., whilst employed in the Post Office. MR. H.C. RICHARDS Prosecuted; MR. LAWLESS Defended. WILLIAM THOMAS EDWARDS . I am a clerk in the Confidential Inquiry Department of the General Post Office—in consequence of losses on the prisoner's delivery I was directed to make inquiries—in consequence of those inquiries I made up a test letter containing three postal orders, two for twenty shillings and one for ten shillings—I privately marked each order and put them in this letter, directed to Mr. T. Leeson, 129, Villa Street, Walworth—I posted it at half-past three on 22nd July at the S. E. office—I had previously given notice to Mr. Mackenzie as to where the letter was going—I ascertained at seven that night that the letter had not been delivered—next morning I went with constable Bick to watch the prisoner's residence in Thomas Street, Beresford Street, Walworth—at twelve at noon I saw the prisoner leave his lodgings in plain clothes—after he had gone a little way Bick stopped him—I then spoke to him—I told him who I was, and said, "Yesterday afternoon, at 3.30, I posted a letter at the S. E. district office containing three postal orders, two of twenty shillings and one of ten shillings, addressed to Mr. T. Leeson, 129, Villa Street, Walworth; this letter should have been delivered by you last night; it was not de livered; do you know anything about it?"—he said, "I have not seen it; I had nothing for them last night but a paper"—I said, "Have you the letter in your pocket?"—he said, "No"—I then asked if he had any postal orders in his pocket; he said, "No, sir"—I said, "Then you don't know anything about the letter?"—he said, "No, I have not seen it"—I then said, "You must go with me to the General Post Office and be searched"—he then said, "The letter is in my pocket, but it is not open, I am just going to deliver it; I forgot it last night"—he was then taken to the General Post Office and searched by Bick in my presence, and this letter was taken, in its present condition, but it has gone a little more; it shows that a portion of the back part of the envelope has adhered to the gum—I said to the prisoner, "This is the letter which I posted last night; how do you account for its being open?"—he said, "I don't know"—I said, "Why did you say when you were stopped that you had not soon the letter?"—he said, "I did not know what to say"—several loose postage stamps were found on him, twenty penny unobliterated, and four halfpenny stamps—I asked where ho got them from; he said ho had had them for a long time. Cross-examined. Bick went up to the prisoner first; I was a little behind him—I remember the conversation I had with the prisoner, and I made a note of it in shorthand, part of it as soon as I got to the office, and part at the time the conversation took place—I am quite positive he first said he had not seen the letter—the Magistrate at the Police-court asked to see the letter; he did not say it did not seem to have been gummed down properly—letters had boon missing from this district from about March this year—the prisoner had been there since 29th January—he bad been previously employed at another office. FREDERICK MACKENZIE . I am Inspector of the S. E District Post Office—I was on duty on 22nd July, and in consequence of a communication from last witness I took possession of the letter from the letter-box and placed it with a bundle of other letters in the office; the envelope was then intact. CHARLES HAMMOND WEBB . I am acting overseer at the Walworth Post Office—the prisoner has been employed there since 29th January—he was on duty on 22nd July, between the hours of live and nine—the S. E. bag arrived at our office at six minutes past seven; this letter was sorted among the prisoner's letters, and should have been delivered. BERNARD GREEN . I am managing clerk to Mr. Leeson, of 129, Villa Street, Walworth—I know the prisoner as the postman delivering letters there—I was expecting this letter on the evening of 22nd July—the prisoner delivered a paper that evening, but no letter—I communicated that fact to the Post Office. PHILIP BICK . I am a constable attached to the General Post Office—on 23rd July I went to Hereford Street, and watched the prisoner's lodgings—I first saw him about twelve o'clock, when he left his house—I followed him for some distance; he was going towards Walworth Road—I then stopped him, and said, "I believe your name is Cousins"—he said, "Yes"—I said, "You belong to the Post Office?"—he said, "Yes"—I said, "So do I, and a gentleman from there wishes to speak to you; where was you going now, you were not going on duty, were you?"—he said, "No, I don't go on duty till five o'clock; I was just going out for a walk," he was in plain clothes—after that Mr. Edwards came up and spoke to him—I have heard Mr. Edwards' evidence, and confirm it—I searched the prisoner, and inside his coat pocket I found this letter, open as it now appears, and in a waistcoat pocket I found these stamps—I formally charged him with stealing this letter—he made no reply. At the request of MR. LAWLESS , the RECORDER , after some hesitation as to the regularity of such a course, permitted the prisoner to make his own defence to the JURY , in which he stated that he had accidentally omitted to deliver the letter at the proper delivery, and was about to do so next morning, when he was arrested. GUILTY . There was another indictment against the prisoner for stealing another letter, to which he PLEADED GUILTY .— Three Years' Penal Servitude. 658. WALTER BILLINGS (60) , Unlawfully obtaining by false pretences from Harriett Russell £700, with intent to defraud. MR. FARRAUT Prosecuted. HARRIETT RUSSELL . I am the wife of Edward Thomas Russell, of 1, Belmont Villas, Queen's Road, Richmond-in March, 1889, I wished to invest some money, and I applied to my solicitor, who introduced me to the prisoner at 15, Fish Street Hill, my solicitor's office—the prisoner said, "I want to borrow some money," and then my solicitor showed me this statutory declaration; I cannot say whether I saw the prisoner sign it, but it is in the prisoner's hand writing, because I have seen him sign—this was read over to him at the time the money was lent, on 4th April, 1889. ( In this instrument the prisoner declared that he had not charged, assigned, or otherwise encumbered his share under the will of Albert Billings, save as the same was charged by the indentures dated 4 th December, 1888, in favour of George Brown and George Hall Hall )—on the strength of this declaration I advanced him £700 in cash on the same day—I saw the prisoner at the same time sign this mortgage, which he handed to me. ( In this document the prisoner was described as mortgagor and beneficial owner )—on 11th July, 1889, the prisoner applied to me for another £700 loan, offering the same security as before—he made this second declaration, which I saw him sign; it is almost precisely like the first one—I then advanced him another £700 in cash—he also signed this document in my presence, and it was handed to me—the prisoner paid interest till July, 1890, but after that he paid neither principal nor interest—I heard nothing of him after July, 1890, till I found he was at the Old Bailey in July 28th this year, and I came and heard the case; he had had £250 from someone last Christmas—he was acquitted then—I went to a solicitor and took these proceedings at once. EDWARD THOMAS RUSSELL . I am the last witness's husband—I was present on 4th April and 11th July, 1889, when the prisoner signed the declarations and deeds; my wife's evidence is perfectly correct—she asked the prisoner on the first occasion, "I hope what you are stating: in your statutory declaration is true, because the money will make a deal of difference to me;" and he said, "I am a man of honour, and I have never robbed anybody in my life," and the solicitor said, "If it is not true, Mr. Billings, you know you are liable for ten years"—I saw the prisoner sign both declarations, and they were read over to him first— he stated they were true—when signing he made some sort of remark; I think he said, "This is my hand and seal"—I saw the money pass on both occasions. CHARLES ANGELO BUSS . I am a solicitor and a commissioner to administer oaths in the Supreme Court of Judicature, at 62, King William Street—this declaration A was made before me on 4th April, 1889, by the prisoner; this is my handwriting—possibly it was signed before he brought it to me—I asked him in the usual form if he solemnly declared it to be his handwriting and the contents true, and he said yes. ROBERT WOOD . I am a solicitor and a commissioner, of 13, Fish Street Hill—on 11th July, 1889, I took this declaration B in the usual form—I put the usual question, which he answered in the affirmative. WILLIAM JOHN HELLIER . I am managing clerk to Messrs. Lawford and Co., solicitors, of 28, Austin Friars—they are solicitors to William Radford and his wife Emma, and have had the management of their business for the last ten years—William Radford is one of the trustees under the will of Albert Billings, the prisoner's brother—under that will "the prisoner had a reversionary interest in one-sixth of the residuary estate—on 27th September, 1880, he executed a mortgage on that interest to Mr. Silberberg, in consideration of £400—Mr. Silberberg brought an action against the mortgagor and recovered judgment in 1881—the prisoner then applied to Mr. William Radford to relieve him from the pressure Mr. Silberberg was putting on him—Mr. Radford handed me £500, and told me to do the best I could—on 8th November, 1881, I saw the prisoner, and obtained his written instructions to settle with Silberberg and some other creditors—I did so, and on the same day I obtained a reassignment of Silberberg's mortgage to the prisoner; and on 11th November I procured his execution in my presence of a new mortgage to Mr. Radford, in consideration of the £500, of the one-sixth share of the residuary interest; the balance of the £500 was handed over to the prisoner—in April, 1882, the prisoner, who was represented by a solicitor, Mr. Smith, proposed to sell the reversion, subject to a mortgage, for a further sum of £300—Mr. Smith arrived at the figures—after some discussion the business was carried out, and an absolute assignment of the reversionary interest, subject to the mortgage, was prepared; the draft was submitted to the prisoner's solicitor, and after some discussion was approved, engrossed, and executed, and the £300 paid over on the written order of the prisoner to his solicitor, the purchaser being Mrs. Emma Radford—therefore the prisoner had parted absolutely under this deed with all his interests under his late brother's will—he had his own solicitor, and it was not my province to explain the matter to him; but on the occasion before that I adopted all precautions, and took care that the engross ment and draft were read over to him before he executed the deed—with reference to the assignment my instructions were to take care that his wife, who is a very good woman of business, should know thoroughly what was being done, and that it was an out and out sale, and I said I should require evidence of it, and he showed me a letter he had received from Mrs. Billings, and handed me the original on the completion—it was a step in the business, a sine quâ non, that the prisoner's wife should understand the matter before the completion—this is a press copy of the letter I wrote to the prisoner's solicitor. The prisoner, in his defence, asserted that he was under the impression he was acting quite legally in raising the money; that he was not aware he had assigned his reversion to Mrs. Radford; that the present proceedings were taken because the parties were incensed at his acquittal at the previous trial. MARY BURGESS . I am single—I have known the prisoner two years—he was my master—I was his servant—I know that Mr. Radford informed the prisoner that there was to be a second charge on the reversion, and he was going to invest the money for the benefit of his children—he informed my master that if he could get £800 he would take it into his own hands and allow him the interest. GUILTY .— Twelve Months' Hard Labour. 659. GEORGE RUSSELL (33) and JOSEPH CASTLING (24) , Indicted, with George Rich , not in custody, for stealing £3, the money of William Williams . MESSRS. H. AVORY and BODKIN Prosecuted, and MR. DRAKE Defended. WILLIAM WILLIAMS ( In custody ). I am a cabman at 1, Ovey's Mews, Hammersmith—soon after five on the evening of 27th June I was at Aldridge's Horse Repository, St. Martin's Lane—Russell, whom I knew by sight, came up and wanted to know if I would buy a good cab-horse—I said yes—he went away—another man came up and spoke to me, and I went with him to the Globe public-house, New Compton Street; outside the Globe I saw a chesnut cob tied to—the tail of a cart—I had a look at the horse and went inside, where I saw George Rich—he spoke about the horse, and I agreed to buy it for £13 if it suited me after I had tried it—I was to pay £3 down before I tried it, and if it suited me I was to pay the other £10 on the Monday—Castling came inside and wrote out the receipt—after that arrangement was come to, this was written out: "Bought of J. Smith a chesnut horse for £13; £3 deposit, leaving balance of £10 to be paid. Signed P. Smith"—I could not say whether Castling or Rich signed the receipt; Castling wrote it out—the words "Before delivery" were written after "to be paid"—I think Rich struck them out—if the horse was not satisfactory, my £3 was to be returned to me—they were to come to my address to get the £10—while this was going on Russell came into the house, and said whatever was done he would be answerable for, and if I had not money to buy the horse he would lend "me £20 if I wanted it there and then—he then went out of the public-house—the horse had been given into the charge of Patrick Mahoney, who was holding the halter outside—I refused to pay the money till I had possession of the horse outside, and I went out and took hold of the horse—I paid Rich two sovereigns, ten shillings, and nine shillings in silver, and I was going to give him the other shilling, when Castling pulled the halter off the horse's head, and I was hustled and knocked down by Castling, Russell, Rich, and two others, and when I was on the ground the horse and money disappeared—I saw the crowd going with the men that had the money—I got up, and went after the crowd that was after Rich, who was running as hard as he could run towards Drury Lane—I ran and caught him, and had my hands oh him, when I was pulled from behind on to the ground, and he got away again—I had not seen Russell while I was running after Rich—I gave information to the police—two days afterwards I saw Rich at the Elephant and Castle, and gave him into custody, and charged him at Marlborough Mews Police-station on the evening of 29th June—next morning, about eight, Russell and Glover came to my house—Russell said, "I have come about squaring that job about the horse on Saturday"—I said it was out of my hands altogether, I had nothing to do with it—Russell and Glover kept following me about and speaking about the matter till 10 o'clock, and in the end I received £5 from Glover in Russell's presence, and I wrote out this paper, which I afterwards saw Glover produce from his pocket after he had been charged at the Police-court—I had given it to Glover, whom I knew as Allen—that morning I did not go to the Police-court, but sent my wife there in consequence of Russell and Glover—after a little bit Truman spoke to me that morning—directly Russell and Glover went away I telegraphed to the Police-court, and then I went towards there and met the police officer, and then I was told that Rich had been discharged about two minutes before—on the 13th July I was called to Marlborough Street Station, where I saw the two prisoners in custody. Cross-examined. I have often purchased horses—Russell asked me if I had sold a horse which I had had for sale, and I said, "Yes"—Castling was not present then—Castling and Rich were present outside the Globe—a third person spoke to me there—I arranged, after a long conversation with Rich, to buy the horse which was in Castling's possession; he was holding it—I knew nothing about Castling, and had made no arrangement with him about the horse—Castling suggested the words "To be paid before delivery"—Rich and I arranged the terms on which I should buy the horse; Castling wrote the receipt, and no one told him what to put on it—when I came outside I told Mahoney to let go of the halter, and I took hold of the horse and paid the money—I had possession of the halter when I was knocked down—Russell came on the scene when I would not pay on the receipt; the arrangenent would not have come off at all if he had not come; I knew him, and thought it was all right—I had not handed over the £3, nor did I have possession of the horse, when Russell came—the words were struck out in the house either by Castling or Rich—we came out of the house on quite friendly terms—there were perhaps seven, eight, or ten persons outside when we came out; their number increased to about seventy, I daresay—I can hardly say who struck me first—Russell pushed me away the same as the re mainder—I believe I have said so before—Russell, Glover, and my wife were present when Glover paid me the money two days afterwards, Russell saw it paid; I said the second time I could not say whether Russell saw it, it slipped my memory till I thought of it afterwards—I had an exchange of horses with Trip, a horse-dealer or coper—I was to take a pony and £2—he gave me 10s. and the pony, and I left the horse in a stable belonging to his friend—Trip did not get his horse—the horse I got from Trip I kept some time and then sold; I did not give it to Trip, because he would not give me the 30s. he owed me; Trip tried to do me, and I did him instead—fifteen days ago I was charged with furious driving and got a month, and am in custody at present for that—as soon as I was knocked down it occurred to me that this was a trick—I went to the Police-court and complained about it; I said I knew Russell by sight—I made no charge against anyone; I knew it was a case of robbery at first—I told the police inspector what had happened—I did not know the persons' names at the time—I had no conversation with Truman till after I had had the £5. Re-examined . This happened on Saturday—I gave information at once that certain persons had robbed me—on the Sunday I went to Marylebone and found out from another man what Russell's name was; I did not know it till after I had given information to the police—I was charged a fortnight ago for being drunk; I was arrested for furious driving; it was in consequence of being drunk. CAROLINE WILLIAMS . I am "Williams' wife—on Monday, 29th June, Bussell and Glover called on me and gave the name of Allen—Russell said if he had been there nothing of this about knocking Williams down and selling Rich the chesnut horse would have occurred, because he would have paid all money and everything that was required; he would sooner pay all the damages than have it go into court—he asked where my husband was—I said I could not tell, but I believed he had gone to the City—Glover said, "Is he gone to Ward's sale-room?"—I said, "I don't know; he has gone on important business, I know"—Glover said, "I think I know what it is for; it is buying a horse on Saturday"—I said, "I need not tell you then"—Russell said, "If I had been there it would not have occurred, as I should have settled things"—Russell said Williams had bought the horse and Rich had gone off with the horse; he said his pal Rich had been nabbed for the horse dealing—both Russell and Glover repeated the same; both called Rich pal. Cross-examined. That was on 29th June—Russell put his hand in his pocket and pulled out the money, and said he would sooner pay the money for anything rather than go into court—both Glover and Russell said, "Has he charged my pal Rich?" in fact all three were there, and they each one repeated the same words. PATRICK MAHONEY . I live at 20, New Compton Street, and am a French-polisher—on 27th June I was standing outside the Globe public-house when I saw Williams come up—he talked to Rich, and they went into the Globe, Williams leaving a chesnut horse outside for me to hold—Castling came up and asked me to let him have hold of the horse—I refused, and a bit of a row took place—he tried to get the horse away from me while the others were inside the house; he did not get it away—the others came out of the house, and Williams took hold of the horse by the halter, and paid £2 10s. in gold and 10s. in silver to Rich, who then drew the halter off the horse's head and struck Williams to the ground, and put the bridle on, and he and Castling walked the horse away; Castling had the horse—Williams got up from the ground, ran after them, and caught Rich, and he and Rich had a row, and Rich struck him and knocked him down and got away a second time—he went away with Castling and the horse. Cross-examined. When I first saw the horse it was in Castling's possession—Rich and Williams came up together; no one else was there at the time—I heard nothing of what took place in the public-house—Williams gave me the horse before he went into the public-house with Rich—when they came out they were talking—I saw no paper; I heard something about a receipt—I don't know what it was—Williams gave me possession of the horse before I saw the money pass. ALFRED SIMMONS . I am an upholsterer at 27, Queen Street, St. Martin's Lane—on this evening I was outside the Globe, and saw Williams, Rich, and Castling; they went into the public-house—Mahoney was taking care of the horse—Castling took the horse out of his hands—Mahoney said he would hit him if he did not leave go—Williams came out of the public-house with a paper in his hand, and he wanted Rich to cross something out—after a certain time Rich crossed something out, but not what Williams wanted—Williams paid some money to Rich and went to take hold of the horse, when Rich pulled him away and knocked Williams down with his stick, and Castling took the horse away—Russell was standing at the side; I did not see him do anything—Rich ran away; Williams got up and ran and caught up Rich, and had hold of him when Russell came up—I did not hear Russell say anything to them at the time, but afterwards he said if Williams did not pay the £10 to Rich, Russell would—Rich knocked Williams down again just as Russell was speaking, and Rich ran away. Cross-examined. I did not hear what took place in the public-house—I was outside when they came out—there were a number of people about—Russell came on the scene some time after. BENJAMIN ALLEN ( Sergeant C. ) On 29th June I found a man named George Rich at Rodney Road Station, and took him to Marlborough Mews on a charge of stealing these £3 from Williams—next morning, 30th June, Rich was brought before the Magistrate; Mrs. Williams attended, and made some statement, in consequence of which Rich was discharged—half an hour after I met Williams in Regent Street, coming in the direction of the Police-court—on 13th July, in company with another officer, I arrested Castling at the Elephant and Castle Horse Repository—I told him he would be charged with stealing £3 at New Compton Street on 27th June—he said, "I don't know where New Compton Street is; I know nothing about it"—when the charge was read to him, he said again, "I know nothing about his money"—information of this robbery was given to the police on Saturday, 27th June. DAVID CRACKITT ( Sergeant C ). I arrested Russell on 13th July out side the Elephant and Castle Horse Repository, and charged him with stealing £3 in New Compton Street, the property of William Williamshe said, "I had no money"—he was eventually taken to Marlborough Mews Police-station and charged—he said, "Williams knows very well I did not steal his money and carry it away"—I searched and found on him £108 6s. 8d. in notes and gold—while taking Russell to the Policestation I noticed Glover, who said to Russell, "Shall I go to Hammersmith?"—Russell said, "Yes." PATRICK MAHONEY ( Re-examined ). Russell took no part in the struggle. GUILTY . See next case. 660. JAMES GLOVER (26) , Stealing £20, the money of Joseph William Pratley . Second Count, receiving the same. MESSRS. HORACE AVORY and BODKIN Prosecuted. JOSEPH WILLIAM PRATLEY . I am a cab proprietor, at Havil Street, Camberwell—on 7th March I was in Aldridge's yard, when the prisoner came up and asked me if I wanted to buy a horse—I said no—he pressed me very much to go outside to look at one; he said he had brought it a long way, and was too late to get it entered at the repository, and he did not want to take it back, but wanted to sell it—I went with him into West Street, and there saw a chesnut cob—while there two men came up and offered him some money, which one of them said was £24—the prisoner said, "No, you blackguard; I sold you the horse just now, and you deducted the commission; I won't sell it you now at all"—they went away—I bargained with him, and agreed to give him £20 for the horse, after trying it—I was going to a public-house with him to write out a receipt, and on the way there these two men came up again and abused him for selling it and me for buying it—I suggested we should leave the house, and I said to the prisoner, "Let them have the horse," as they made a bother about it—the horse at this time was standing in the street in charge of Glover's man—we went into another public-house, and I wrote out this receipt, "Bought of Mr. G. Allen, chesnut horse, warranted sound and a good worker, for £20. G. Allen"—that is the name he wrote—I gave him £20 in gold—then I went out of the public-house to get my brother to take the horse home, and on my way to where I last saw the horse, two men came up, one stepped directly on my foot to prevent my passing him and struck me on my mouth, and before I had time to move I was surrounded by about a dozen men—when I got back to where the horse had been, the horse and all the men were gone—I went back to the public-house and the prisoner had gone—I looked about the neighbourhood for about two hours, but saw nothing of the horse or the men or my money—subsequently, in July, I saw something in the newspapers about the charge just tried, and I communicated with the police, and on 28th July I was taken to the police-station, where I saw the prisoner among a number of men. Cross-examined by the Prisoner. You did not give me the horse; I never had it—I have never seen it since—you said, when I picked you out, you had never seen me before, and if you had a pistol you would shoot me—I saw you once since, but while I went for a policeman you and your two friends, who had knocked me about, absconded. The prisoner's statement before the Magistrate: "I plead guilty to selling the horse and receiving £17 10a., I gave him the horse and put the cart and harness up in livery in St. Martin's Lane, and I fetched it away two hours afterwards. " The prisoner, in his defence, said he sold the horse straightforwardly, and gave it to the man. GUILTY . RUSSELL * and CASTLING — Nine Months' Hard Labour each . GLOVER — Six Months' Hard Labour. 661. JOHN MILLSON (38) PLEADED GUILTY ** to stealing a parcel containing twelve gross of Christmas cards, of Walter Scoles and another, after a conviction of felony at this Court on April 8th, 1889— Three Years' Penal Servitude. 662. JOHN GARLAND (40) , Feloniously impairing, diminishing, and lightening three of the Queen's sovereigns. MR. SANDS Prosecuted, and MR. GILL Defended. ERNEST DACE . I am barman to Mr. Edwards, of the Rose and Crown, Tottenham Court Road—the prisoner has been a regular customer ever since I came there on Whit Monday—on 14th July he came in for half a pint of Burton, price three-halfpence, and tendered a sovereign—I put it on the money-board, where there was no other sovereign, and saw Mr. Edwards pick it up; he spoke to me about it and took it away—on July 17th, about 2.15, the prisoner came in for half a pint of cyder, for which he paid a penny; he then gave me a sovereign, and asked me to give him two halves for it, or a half-sovereign and ten shillings in silver, which I did, and gave the sovereign to Mr. Edwards—on 21st July the prisoner came again for half a pint of Burton, and tendered a sovereign—I fetched Mr. Edwards from upstairs and gave it to him, and fetched a policeman—the first sovereign was of 1888, the second 1852, and the third 1891. Cross-examined. We do a pretty good business; a great many people come in and out—I took the sovereign on the 14th about 7.45 p.m.—when the man came in two days afterwards I did not say, "You are the man who changed a sovereign here the other day," I did not think it was my place to speak to him—on the 21st the other young man Edwards spoke to the prisoner; he is not here—he is no relation of Mr. Edwards, the proprietor—I looked at the clock as soon as I fetched Mr. Edwards down, and it was 7.45. Re-examined . I gave the identical sovereigns to my master. JOSEPH CHAS. EDWARDS . I am manager of the Rose and Crown, Totten ham Court Road—on 14th July I saw this sovereign of 1852 lying on the board—I took it, weighed it, wrapped it in paper and put it in the safe and kept it there till I received two others, and then took them to a jeweller's next door and had them weighed—this sovereign of 1891 came into my possession in the same way on the 17th, Friday, about midday—Dace pointed out the prisoner, who was standing at the bar drinking—I took four sovereigns to Inspector Barton, and then to a jeweller and had them weighed, and put them in the safe—I received two on the 16th, they are not the subject of this charge—about 7.45 p.m. on the 21st the prisoner came in for half a pint of Burton ale and tendered Dace a sovereign of 1888; I weighed it, and sent Dace for a policeman, and gave the prisoner in charge—he said, "If there is anything wrong with it, I got it from my governor"—I gave the three sovereigns to Inspector Barton. Cross-examined. The ordinary practice is to put sovereigns on the money-board, and as soon as I see them I put them in the till—when we are very busy on Fridays and Saturdays the gold is placed in the till—I am almost certain it was in the middle of the day—I was not in the bar on the 21st when the prisoner came in—I believe Dace served him; I never heard till this moment that he was served by John Edwards—the prisoner gave his name and address and his master's name and address at the station—I did not go to Mr. Holman's at all on the 21st—I did not hear all the conversation between the prisoner and Barton—I heard him say, "He gave it me for my wages; he did not pay me on Saturday"—I heard him say, "I don't believe I changed more than one sovereign in that house in my life; I am sure I never changed three in a week"—he was waiting for the change from Dace when I spoke to him—Dace had gone for the police, but the prisoner did not know that. JOHN WARD ( D 356). The prisoner was given into my custody—on the way to the station he said, "If there is anything the matter with the sovereign I got it from my governor." Cross-examined. He gave me his correct name and address. GEORGE BARTON ( Police Inspector D ). On 17th July, I was on duty at the Tottenham Court Road Police-station—Mr. Edwards came and made a communication to me, and I gave him advice—on the 21st, D 356 brought the prisoner to the station a little before eight o'clock, and I said, "You will be charged with altering and diminishing three sovereigns, and uttering one on the 14th, one on the 17th, and one on the 21st"—he said, "I did not know there was anything wrong with it, if there is you must ask my governor about it, I got it from him"—I said, "Who is your governor?"—he said, "Mr. Charles, 19, Church Street, Soho"—I said, "What is he?"—he said, "A jeweller and gilder"—I said, "How did you come to get it from him to-day?"—he said, "He gave it to me for my wages, he did not pay me on Saturday"—I said, "You are identified as having passed two light sovereigns on the 14th, and one on the 17th; where did you get them from?"—he said, "I don't think I ever changed more than one sovereign in that house in my life; I am sure I never changed three in a week; my wages are never more than 30s., so I could not change three in a week, I shan't say any more till I see my governor"—I gave the sovereigns to Professor Attfield—on the 25th I went to 42, Store Street, and in the front room first-floor I found a bottle of liquid which I marked "C," and handed it to Professor Attfield, with these two others which I received from Kane—19s. 10 1/2 d. was found on him, all good. Cross-examined. What I found on the 25th was after Kane had been there—Mrs. Sheehan was there when it was found—the bottles were in a cupboard., not locked. JOHN KANE ( Police Sergeant D ). On the night of July 21st I went to the front room, first floor, of 42, Store Street, and found in a cupboard, not locked, these two bottles D and E—I handed them to Inspector Brown—on August 6th I went again, and found this bottle (F). Cross-examined. I found no galvanic battery or wires. ELLEN SHEEHAN . I am the wife of Benjamin Sheehan, of 42, Store Street—the prisoner has lived in my first floor front about a year and a half—he was supposed to be married, but his wife was not there—I recollect the sergeant coming to his room, and taking away some things. Cross-examined. I had access to the room whenever I wanted to go in—my husband often went in. EDWARD HOLMAN . I am assistant to Mr. Davie, a jeweller, of 63, Tottenham Court Road—on 17th July Mr. Edwards brought me four sovereigns to weigh; one was of 1888; I found two of them eleven grains short, one fourteen grains short, and one seventeen grains short—the average deficiency in value was about two shillings and sixpence. Cross-examined. I formed the opinion that the whole four had been treated by an electric battery—I did not discover marks of wires. By the COURT . My opinion is that they had been in a gilding battery, and that articles had been gilt with them. JOHN ATTFIELD . I am Professor of Chemistry to the Pharmaceutical Society of Great Britain—on July 29th I received these three bottles, C, D and E, from Inspector Barton—C is nitric acid, D is a strong solution of cyanide of potassium, and E is strong sulphuric acid—F was also handed to me; that is also a strong solution of cyanide of potassium—those fluids are used for electro-plating—the cyanide of potassium is commonly employed as the vehicle by which gold is transferred from one surface to another; the two acids are used for cleaning or "pickling" metals so that they shall more readity take a surface of gold or silver—on the 30th July I received these three sovereigns ( produced ) dated 1852, 1888, and 1891; that of 1891 is 18 grains and a fraction short of the current weight and 2s. 11d. short in the value; that of 1852 is 14 3/4 grains short and 2s. 5d. in value, and that of 1888 is 14 1/2 grains short and 2s. 4 1/2 d. deficient in value—the standard I have taken is the least current weight of a sovereign, 122 1/2 grains—the deficiency has been brought about by their immersion in fluids capable of dissolving gold, such as are now before me—on the 1852 sovereign there is a mark such as would be made by a wire to suspend it in, a solution of cyanide of potassium,. with a view of taking gold off it and placing it on another surface, and on the 1888 sovereign I find a blight indication of such a wire mark; in that of 1891 I find no such mark, but it has the same appearance as the other two—that of 1852 has more especially signs of the battery—the reduction does not materially affect the circulation—they would be taken by persons not accustomed to examine money closely—they have not been in circulation since they were tampered with—the deficiency could not be caused by ordinary wear and tear. Cross-examined. There is an enormous quantity of light gold in circu lation—a galvanic battery would not be necessary to do what has been done to these sovereigns; I could do it without—I have no doubt the sovereigns of 1852 and 1888 have been treated by these fluids, aided by a battery; the wire marks indicate that the coins would be suspended by wires in the solution of cyanide of potassium, with a wire at each end of the battery, one of which is in contact with the gold from which gold is to be taken, and the other with the article upon which the gold is to be deposited—the fluids would be in the possession of any electric gilder—they are used for a number of other purposes—cyanide of potassium is a powerful cleansing agent, nitric acid is used for thousands of purposes, and sulphuric acid also, and for charging batteries. By the JURY . If the gold of a sovereign is dissolved in the acid it is easy to recover it—the cyanide is often used to clean the facia of shops and brass beer taps. By the JURY . Gold could be got from sovereigns without a battery, but not with these fluids. THOMAS KIRK ROSE . I am assistant assayer to the Royal Mint; I have heard Professor Attfield's evidence, and confirm it. Cross-examined. I have had very large experience in examining coins—I have heard during last year that a very large quantity of the gold in circulation has been sweated—I am of opinion that these three sovereigns have been treated by the action of a battery, and polished afterwards by a brush by hand. Witnesses for the Defence. FREDERICK HARRY CHARLES . My business at 19, Church Street, Soho, was established in 1821, and the prisoner has been in my employ ment on and off for eight or ten years; he is a man of thoroughly respectable character—on July 21st he was going out, and said as he had not had his money would I leave it out for him—I told one of the sergeants that I gave him two sovereigns and some silver, but he says it was only one—his wages were 30s. or 35s., according to whether he worked overtime—there was also some money for petty cash—he was taken in custody on that day—he often did a few little jobs at home for himself, he often asked me to allow him to have a little acid and a spirit lamp and blow-pipe and charcoal to braze articles; he had a little connection of his own, nothing to do with me—there was no concealment about his getting this sulphuric acid; supposing he was going to do repairing or cleaning, it would be necessary to clean it. Cross-examined. I usually paid his wages on Saturdays—my wife paid him on the Saturday before—sometimes he did not come on Saturdays; I never allowed him to do work for himself in my house—I was at the Police-court on both occasions, but was not called—Sergeant Jay came to me next morning to inquire about him, as he said he had received the money from his governor; Jay asked me what money I gave him, and I said, to the best of my belief, a sovereign or half-sovereign and some silver. Re-examined . I heard the solicitor tell the Magistrate that I was there ready to give evidence that I had given him a sovereign that day, but the Magistrate said he would send the case for trial—I instructed my solicitor to defend him. By the JURY . I possess a battery, but I have never lent it to the prisoner—the other employes were paid on the Saturday, but the prisoner was not paid till the Tuesday. NOT GUILTY . 663. ROBERT SCHMIDT (30) , Feloniously making certain dies bearing the obverse and reverse sides of the Queen's gold coins called sovereigns. MR. SANDS Prosecuted, and MR. GRAIN Defended. EMILE SCHRIER . I am a die sinker of 5, Newgate Street, and work for the Bank of England—on 11th May I first saw the prisoner; he came to my office and said in English, "Do you make business cards?"—I said, "Yes," and showed him some specimens—he gave me an order for a plate and 100 cards, price 5s., which he paid and wrote down his address—he then showed me a coin or token, with General Moltke on it; I said that that was in my line of business—he left and came again on 19th May, when I gave him the cards—he said in German, "This is very confidential," and showed me a half-crown and said, "Can you do anything like this for me?"—I said, "Yes; do you know this is a criminal case for you to order it or for me to make it?"—he said, "Yes, I know all about it; several friends on the Continent have been making mark pieces for twenty years and have not been caught"—I promised to consider the matter, and he said he would call again—I then went to the Bank of England, and was referred to the Treasury; I went there, and received instructions on the following day—on May 23rd the prisoner came again, and asked me in German if I would do the dies for him—I said, "Yes"—he said, "I have changed my mind; you had better make it half-sovereigns or sovereigns"—I said that was for him to consider—he said, "My name is not William Schmidt, but Robert Schmidt. Cross-examined. The conversation was in German—I translated it into English and wrote it down the moment after he left—he asked the price; I said £25 or £35; that was to make a set of dies for sovereigns—he paid me £5 on account as the work progressed, and said he would pay more—he asked me the price of a press for stamping—I said I had no idea—he said that the cards were only for a blind to find out my position—I next saw him on June 20th, and said, "I have traced out the design, and it is likely to be the thing for some time"—I put the coin in an envelope immediately—he came again on June 23rd, and paid me £2 4s.—he said the person he wrote to about the composition of the metal would not tell him for fear of getting into trouble—I next saw him on 18th July—he said he had good news; the party he wrote to on telling him he had given up all idea of making these sovereigns, and they declined to give him information—he said that a punch or die would stamp a disc out of old gun metal rolled, and the disc would be turned in a lathe to make a nice letter "H," the disc would then be placed in a battery, and a thick layer of gold deposited on it to the value of about nine shillings' worth—I said, "What a serious matter it would be for you as you are wholly inexperienced in the matter, and will have to go to strangers for everything that you require in the matter, and you are sure to get caught"—he said, "I will be very careful, and if the worst should happen I have nothing to say in my present situation in life; the country would have to keep me; I do not look upon it as a crime"—he promised not to disclose the name of who made the dies—I went on making the dies—the next interview was on August 29th; they were only half finished; I showed him two imperfect impressions; he compared them with a sovereign and said they were very well done, and nobody could detect the difference—they were finished on the Saturday morning—on the morning of September 5th I received this letter, in German, in the prisoner's writing, "Dear Mr. Schrier,—Can you possibly wait till 3.30, as it is impossible to call before"—I saw Superintendent Mitchell that morning, and handed him two coins, and one I kept—the prisoner came at 3.30; I gave him the two dies and this pewter impression, and lie went out with them; he did not pay me—they were tied up in a brown parcel—those are them. Cross-examined. I am a Prussian; I have been seventeen years in this country, and have been at the shop in Newgate Street four years—dies and stamps for paper are my principal business—I make dies, but not coins—I have not made any dies for a great many years—I have not been charged with making coins to put them in circulation—I have made dies at Berlin, where I was apprenticed, seventeen years ago—my age is thirty-seven—that was not after the Franco Prussian war—the coins were not gold or silver; they were to represent marks—they were not made the exact counterpart of the current com of any kingdom in Germany—I did not tell the Bank of England I had done such things; I know nothing against the prisoner—I object on personal grounds to say what I do at the Bank of England; it is not my business to divulge any tiling pertaining to the Bank; I have been employed there over thirteen years—I am not paid by salary, but for the work done—the Bank of England is not prosecuting here, although I in formed them of the prisoner's second visit—this ( produced ) is the first memo randum I took of my conversation with the prisoner—at that date I knew that the proposition he put to me was highly criminal—I had never seen a case of the kind before—I knew he was a countryman of mine—I did not deliver him from evil instead of leading him into temptation because I thought he was a very dangerous man, and being connected with the Bank, I thought it was my duty to inform them—I did not entice him—the Bank did not pay me; the Treasury instructed me to go on, and if he called I was to make the dies—I did not send this piece of paper to the Treasury—I found out afterwards that he was a most inexperienced man—no other person heard the conversation between us—I have never given evidence before. Re-examined . No charge has ever been made against me—after the German War a number of medals were struck with figures of Emperors and Kings—what I did was under instructions. JOHN MITCHELL ( City Police Inspector ). I have watched the prisoner since May 23rd, and have seen him go into Mr. Schrier's house, and always alone—I have known Mr. Schrier a considerable time; he has carried on business a long time—I have from time to time given him instructions what to do with regard to the prisoner—on September 5th, I was watching outside Mr. Schrier's door; he struck off two of these pewter coins, and gave them to me—about 3.15 p.m. the prisoner left Mr. Schrier with a brown paper parcel, holding it with a string—I stopped him and said, "We are police officers; I shall charge you with having in your possession a die for the purpose of counterfeiting a coin called a sovereign"—he looked at me and immediately dropped the parcel—I picked it up and told the officer to take him to the station; I followed, and when I got there I found it contained this die—he said, "I gave the order to make the die, but I never said I was going to make sovereigns"—he gave a correct address. JOHN WOLSEY ( City Detective .) I have been keeping observation on the prisoner since May; I saw him go to Mr. Schrier's premises; took him in custody and found on him this pewter coin ( produced. ) WILLIAM JOHN WEBSTER . I am inspector of coin to the Mint—these are a pair of steel dies made from a sovereign of 1891—they would strike off an exact representation of a sovereign, but it would be with a plain edge—there is a slight variation in the portrait; I can tell that this is not a Mint die; these are specimens taken from it. The prisoner received a good character. GUILTY — Six Years' Penal Servitude. 664. MARY ANN HOAD (35) , Unlawfully neglecting Amy Hoad ' aged eight months, in a manner likely to cause injury to her health. MR. HUTTON Prosecuted. ANNIE HUBBARD . I am the wife of Alfred Hubbard, a warehouseman, of 56, Pointer Road, Tottenham—the prisoner lived at 52—the deceased child was born in November last; she had two other children—I saw her from time to time up to Easter last, nearly every day—I have seen her in drink about four times a week—no one had charge of the baby but herself—one day at the front door she had the baby and the other two children in the perambulator; they were crying; she pushed the perambulator, and it went over—she was drunk then—I have seen the child once or twice very dirty—it was fed by the bottle. The prisoner. Why did you not assist me? Witness. Because you insulted me. ELLEN HEATH . I am the wife of George Heath, a labourer, of 34, Newton Road, Page Green—I saw the prisoner there with a baby on her lap—she said at first it was twelve months old, afterwards said it was eight months, and that it was her own child—it was rather dirty—I once gave it a cake and some milk, because it was crying and hungry; it was very ravenous—I told the prisoner I thought it was completely starving—she turned round on me and said, "Mind your own business"—she said her husband had gone away from her—some gentleman offered her a shilling to buy the children some food—she said she should only do the same with it as she had been doing, spend it in four ale—she was then the worse for drink—she said she would throw the baby away; she held it so, and I took it out of her hands, and took it to the station, and she was also taken there—she attempted to run away. JAMES SNOSWELL ( Y 434). I was living at 114, Seymour Street, Euston Road, on the top floor—at the end of June the prisoner, her husband, and three children came to live there in two unfurnished rooms on the first floor; the baby was about eight months old—between the end of June and 1st August the prisoner was in the habit of taking drink—I have seen her the worse for drink on several occasions—the husband was out during the day; the prisoner had charge of the children—on 19th July, at a quarter to eleven, I saw a large crowd outside the door; the prisoner was there drunk and creating a disturbance; a little boy was holding her baby—she was not able to do so—she would not go indoors or be quiet, and I took her into custody and took her to the station, and took the child to the workhouse—it was very thin and dirty, and had diarrhœa; it remained in the workhouse till the following Saturday—I saw the prisoner on that day bring the child upstairs—on Sunday, 2nd August, she was in and out during the day when the public-houses were open, getting drunk—there was no one to look after the baby but herself—the child was very ill that day—she was away from it for half-an-hour or an hour at a time—she would come in about eight or half-past the worse for drink, and incapable; my wife has had to help her to bed—on 3rd August I saw the child in its cot; it was very dirty, and smelt; the prisoner was out at that time—I did not see her till she came home at night—I went to Arbour Square and gave information. MAGGIE SNOSWELL . I am the wife of the last witness—on Bank holiday, 3rd August, the baby was very ill; it was very thin and very dirty—the prisoner was out that day—I found the baby's bottle was sour; I cleaned it, and gave it some fresh milk—the prisoner came home about eight the worse for drink. CHARLES WILLIAM SHIELDS . I am an officer of the Society for the Prevention of Cruelty to Children—on 1st July, from information, I went to 114, Seymour Street; I there saw the prisoner and the baby—the baby was lying in a cot, which was very dirty; the baby was also very dirty with its own excrement, and the bed was wet with urine; I believe it was then in good health, but very thin and emaciated—on 4th August I again saw it; it looked very ill, dying; it was very dirty, and the bed also—I asked if she had got a doctor—she said she had taken it to Dr. Smith on Saturday, and he had given it some medicine—I saw a small bottle in the room; it was more than half full—she said she had not given it any medicine since the Sunday—she was the worse for drink on the Tuesday; she was sober on the 1st. WILLIAM BENCE SMITH . I am a surgeon of 14, Clarendon Square, St. Pancras—the prisoner brought the child to my surgery on Saturday, 1st August, about seven; it had a bad cough and cold; it was in a very emaciated condition, a pinched face and limp—on examining the chest I found it was suffering from a severe attack of bronchitis—I told the prisoner that it was very wrong to bring the child out of doors in its con dition, that it ought to have been seen to—she said she had just brought it from the workhouse, that she had been in trouble, that she was obliged to bring it out, and she brought it to see me—I examined it, it appeared very clean, and nice and tidy; I prescribed for it—I told her it was very ill and in a very serious condition, and not to bring it out again, but I would see it at home the following morning (Sunday)—I gave her some medicine, I think she had two bottles—I told her to give it according to the directions every three hours—the child seemed easy and more com fortable on Sunday—the medicine would last about a day and a half, if taken regularly, if it was very bad—if she had done that the bottle would not have been as full as it was, it would have been nearly empty—on the Sunday I saw the child lying in a cot in the back room; it appeared as well as I could expect—I told her to go on with the remedies, to keep it wrapped up in cotton wool, and rub it with camphor oil—on Monday I went again, it was then in a very dirty filthy condition—I did not see the prisoner then, I saw the husband—I did not go again, and I noticed nothing about the buttock on the Saturday night—on the Monday there were excoriations, the buttock was inflamed—I did not see the child after death. Cross-examined by the Prisoner. You said in your husband's presence on Saturday night that you did not think the child would go through the night—I thought so too—it seemed in a critical state from the bronchitis. JOHN THOMPSON . I am a medical practitioner, of 70, Oakley Square, Camden Town—on Wednesday night, 5th August, I was called to 114 between twelve and one—I went to the first-floor and saw the child in a back room; it was dying, and the extremities were perfectly cold, the eyes sunken, and it was in a very dirty state, quite uncared for—I saw the prisoner; she was in the front room, in bed, asleep—I did not see whether she was under the influence of drink; the husband said she was—the child died during the night—I afterwards made a post-morten—it weighed 8lb. 1oz.—the normal weight of a child of that age would be between 16 and 18lb.—the immediate cause of death was pneumonia, inflammation of the lungs—it also had bronchitis and diarrhoea—the gut was perfectly empty; there was no fat at all on the child—there was no organic disease—a child not sufficiently attended to and not kept clean would be more likely to succumb to pneumonia—children so neglected very often die from that disease—diarrhœa would arise from improper and irregular feeding—I noticed excoriation about the buttocks; that would be due to neglect and uncleanliness. FREDERICK COBB ( Police Sergeant Y ). On 19th July I saw the prisoner and her baby at the Police-station—the baby was very thin, emaciated, and very much inflamed in the buttocks and private parts—it was taken to the workhouse on the 19th—the prisoner was brought before the Magistrate next day—I arrested the prisoner after the inquest on 14th August—she had seven days in prison from the 19th—I read the warrant to her—she said, "Can they hang me for it?"—she repeated that when the charge was read over at the station. The prisoner, in her statement before the Magistrate, asserted that she had always done her duty by the child, but it was always ailing. GUILTY .— One Month. She was also charged, on the Coroner's Inquisition, with the manslaughter of the child, upon which no evidence was offered. 665. ROBERT GRIFFIN (18) , For an unnatural offence. MR. BROMBY Prosecuted, and MR. FORREST FULTON Defended. NOT GUILTY . 666. HARRY O'BRIEN (27) , Charged, on the Coroner's Inquisition, with feloniously killing: and slaying Charles Kamp . MR. ARTHUR GILL , for the prosecution, offered no evidence. NOT GUILTY . 667. WILLIAM ALEXANDER ADAMS , Charged , on the Coroner's Inquisition, with killing and slaying Emily Maria Adams . MR. FULTON offered no evidence. NOT GUILTY . 668. LOUIS GIOVANNI (21) PLEADED GUILTY to stealing a watch and chain and other articles, the property of Bagnari Agostino ; also to obtaining goods by false pretences from Giuseppe Lattanzia ; also to burglary in the dwelling-house of Andrea Peconini , and stealing twelve bottles of wine and other articles, having been convicted of felony at Clerkenwell on February 17th, 1890.— Fifteen Months' Hard Labour. 669. REGINALD HUSKINSON (21) and DENNIS BRYANT (21) , to burglary in the dwelling-house of Macchi Costello Wren , and stealing a bodice and other articles; also to another indictment for burglary. [Pleaded guilty. See original trial image.] HUSKINSON also PLEADED GUILTY to two other indictments for burglary. — Nine Months' Hard Labour each . And (670) WILLIAM URQU HART (62) to stealing a strap, a coat, and other articles, the property of Elijah Storey , after a conviction at this Court on 9th March, 1891.— [Pleaded guilty. See original trial image.] Twelve Months' Hard Labour. 671. WILLIAM HAMER was indicted for wilful and corrupt perjury. MR. HORACE AVORY Prosecuted, and MR. C.F. GILL Defended. MARY LOUISA WALSH . I live at 2, Holland Gardens, Mount Street, Westminster—on July 9th, about 12.50 a.m., I was in Sloane Street, and saw a butler standing at the area gate of No. 53; it was the prisoner—he and another man were joking, and he asked me to come down the area steps and he would give me some champagne and a half-sovereign—I went down to the basement; he opened a bottle of champagne, and we drank it—I said, "I don't like it, it is very tart"—he said, "It cost five guineas a dozen, and it is very dry"—I asked him for the tea shillings; he gave me four shillings and this postcard that I might find him ( Addressed to Mrs. Reiss )—he let down a bed from the wall, and I did not leave him till 3.50—he asked if I should like some champagne and some wine—I said, "Yes," and he gave me a bottle of champagne and two of wine; he rolled them up in some things, which were afterwards found—the night-shirt came off the bed as far as I remember, and he pat some strawberries in—the hamper was fastened up with a string—I do not know whether he gave me anything else; I was too boozed —I went out by the area door, and fastened it after me—soon afterwards a policeman took the hamper from me and locked me up—I was brought up at the Police-court the same morning and was remanded, when the prisoner said he had never seen me—I was sentenced to one day's imprisonment. Cross-examined. They charged me with unlawful possession, and I said I got it in Pimlico Road—I did not know what I was saying—I forget now I got the pencil-case—I may have been at the station four times—I was there for drink; I am a brave Irish lady—I was sensibly drunk; I could stand—I expect the prisoner was as drunk as I was; he drank the champagne the same as I did—I had a good drop of drink before I saw him—I left the house about seven minutes to four by the prisoner's watch on the table—the prisoner gave his evidence one day—the case was remanded till July 29th, and then there was another remand, and on the third occasion Mr. De Rutzen convicted me. HENRY WHITTINGTON . I am second clerk at Westminster Police-court—on 25th July I was present when Mary Walsh was charged with being in unlawful possession of a hamper, a bottle of champagne, two bottles of claret, a pencil-case, and other articles—this is the charge-sheet ( produced )—the prisoner was called as a witness, and sworn—Mr. De Rutzen was the Magistrate—the prosecutor said that he was butler to the last witness, and had never seen the prisoner before, and that the cham pagne and claret were the same as used by his master; that he had charge of the wine, and that which was unused after dinner was kept in a collarette—she then interjected that he gave them to her—he continued, "I did not give you the postcard produced; the address on it is my lady's"—Mr. De Rutzen remanded her to July 29th, when the prisoner gave further evidence—he said, "I made a mistake last Saturday, saying I did not see the woman in the house; I said the back door was locked, and it was not locked. I went to rest at 11.45 in my room. I went out into the back yard. I had had some drink. The prisoner came into my room; she wanted 10s. I had nothing to do with her, and she left the room, etc. Cross-examined. You came down the area steps; I did not bring you in. I did not find you the drink. I had not connection with you. I did not see where the hamper came from"—at the conclusion of the evidence she was remanded to August 4th, and then sentenced to one day's im prisonment. Cross-examined. The only charge against her that was made was un lawful possession without giving a satisfactory account of it—the witnesses were called by the police, and questions put by the Magistrate and the prisoner, and sometimes by the clerk—the evidence on the first occasion was read over, not to the man, but to refresh the Magistrate's memory—the evidence on the second occasion was read, but not signed—the witnesses were recalled and examined again; there was then another remand, and then the Magistrate convicted of the unlawful possession. THOMAS NEWMAN ( V 353). On 5th July, about five a.m., I saw Mary Walsh; she spoke to me, and went down the street towards No. 53. JAMES WEBSTER ( A 322). On 24th July, about five a.m., I stopped Mary Walsh; she had a hamper with her; I took her to the station; it contained a bottle of champagne and two bottles of claret wrapped up in a night-shirt and a merino-vest and a tea-cloth—the female searcher handed me a silver pencil-case and four shillings and sixpence in silver—I saw initials on the tea-cloth—she was brought up at the Police-court; Mr. Reiss and the prisoner gave evidence—I found this post-card on Walsh, and went to the place, and brought Mr. Reiss and the prisoner to the Court. Cross-examined. She refused to stop or to say where she got it—she refused her address and occupation at first; I went to Mr. Reiss about nine next morning, and saw the prisoner—the case came on at the Police-court soon after ten, and lasted more than a quarter of an hour. GEORGE EDWARDS ( Police Sergeant B ). On 25th July I took charge of the case against Mary Walsh—after the charge was heard I went to 53, Sloane Street, and saw the prisoner—that was after he had given evidence—I saw him with his master at six p.m., and said, "This woman tells me you asked her down the area steps, and let her into the house and gave her the property"—he said, "It is a great untruth," and I think he said, "I never saw the woman"—on the evening of 28th July, the day before the remand, I saw him in Sloane Street, and warned him to attend the Court on the following day; he said, "I will be there; I made a mistake, I did let her into the house; if I had been in my sober senses I should never have done so, but I swear on my oath I never gave her the property." Cross-examined. I found that the prisoner has been in his master's service about fourteen years, and has always borne a most excellent character—I have ascertained that he was drunk on the 24th, and he had the appearance of it on the 25th when he left the Court, and when I saw him later on he appeared very much excited and upset about what had happened—Walsh said, "He promised me 10s., but he did not give it to me"—the prisoner has lost his situation. Re-examined . His master discharged him, but refused to prosecute him for stealing the wine—I do not think the prisoner was still suffering from the effects of drink when I saw him at 6.30 p.m. JAMES EDWARD REISS . I am a merchant—I had the house, 53, Sloane Street, for the summer—the prisoner was my butler—on July 25th I was fetched to the Police-court, and identified a night-shirt and tea-cloth as mine, and this post-card, which had been sent to Mrs. Reiss—this champagne is the same brand as mine, and is expensive—the claret is similar to mine. Cross-examined. During the thirteen years he was in my service he was a well-conducted man—he came into my service with a good character. GUILTY — Four Months' Imprisonment without Hard Labour . 672. CHARLES HESCOTT (22) and ALBERT LACK (23) , Burglary in the dwelling-house of Joseph Schwarer , and stealing fifteen watches. Second Count, receiving the same. HESCOTT PLEADED GUILTY . MESSRS. C.F. GILL and BODKIN Prosecuted. LUDWIG MULLER . I am in the service of Mr. Schwarer, a watchmaker, of 14, Green Street, Bethnal Green; I sleep there—he keeps watches in the window—on the night of 7th July the shop was properly fastened up, and the outside shutters were up—about midnight I was roused up; I went into the shop and found the shutters were down, and one of the windows was smashed—I missed fifteen silver watches, worth £17, from the window—I was shown some of them at the Police-court; they were Mr. Schwarer's property—these are two—I missed no gold ones. DAVID GILCHRIST ( J 76). About ten minutes to twelve on the night of 7th July I was on duty, and my attention was attracted by a smash of glass—I looked towards the place and saw Hescott and three others in front of the shop No. 14—I saw Hescott with his arm in the shop, and he handed something to Lack—while that was taking place some signal was given, and the men ran away—I followed Lack over 200 yards; I am quite sure he is the man—a knife and a watch were afterwards picked up in the direction he ran—I found this watch price-ticket at the corner of Digby Street, and this one at the corner of Globe Street, on the ground he had gone over—this watch and a piece of cloth were picked up just outside the window—I was present when a watch was picked up—I next saw Lack on 15th, when he was in custody. Cross-examined by Lack. I was on the opposite side of the road about. thirty yards off when I saw you receiving the property from Hescott—I was close behind you when you ran away, I was almost getting hold of you—you turned round and looked me right fair in the face—I saw your full face; I have no doubt about you. DANIEL PACKER ( J 146). About midnight on 7th July I heard cries of "Stop him!" and "Stop thief!" in James Street, about one hundred yards from the shop—I saw Hescott running very fast away from the direction of Green Street—I ran after and caught him, but he wrested himself out of my grasp and ran for two hundred yards—I followed him through a court into Globe Road—I was getting exhausted, and shouted to another constable to stop him—he did so—as Hescott was stopped he put his right hand into his right hand coat pocket; I caught hold of his hand, and he took these two watches with these tickets on them from his pocket—he put his left hand into his other coat pocket and pulled out a life preserver, which he dropped in the road—he was taken to the station and charged—this small jemmy was found on him. JAMES SILVER . I live at Burnham Square, Bethnal Green—on the night of 7th July I was in the Rising Sun—some time after 12 o'clock I heard cries of "Stop thief!" and going out I saw a man in a light coat running—I heard something drop, and I picked up this knife, which I gave to my brother—to the best of my belief Lack was the man I saw running. Cross-examined. I was about fifteen or twenty yards from you—I only saw your back; you are just about the build of the man—I did not notice what hat you wore. JOHN SILVER . I am the last witness's brother—I was in the public-house with him on this night—I heard a cry of "Stop thief!" and I came out and saw Gilchrist running after the prisoner—I followed as far as Digby Close—I picked up this watch and Knife. Cross-examined. We took the watches to the station the same night. GEORGE GODLEY ( Policeman ). I have seen Hescott and Lack together—I saw them together about the 1st or 2nd July this year—on 15th July, about 8 a.m., from information, I went to Chapel Street, where I saw Lack in bed with a woman, Susan Lack—a man, Montgomery, was asleep in a bedstead chair in the same room—I said to Lack, "I shall take you into custody for being concerned with Charles Hescott, in custody, for breaking a jeweller's shop window and stealing fifteen watches "—he said, "I can get six people to prove that I was not there at the time "—I had said nothing about the time then—he said, "When was it?"—I said, "It was about a quarter to twelve on Tuesday, July 7th'—he said to the female, "You can prove that I was in bed and asleep at the time?"—she said, "Yes "—I took the prisoner and Mont gomery to the station in a cab with Sergeant Nursey—on the way Lack said to Montgomery, "I should like to know who put us away; if I do I will cut their b—y heads off when I come out—they also whispered together—I could not hear the other words because of the rattle of the cab—at the station a list of property not relating to this charge was read over—among the things was a jemmy, and when Helson read that out Lack said, "A jemmy; what is that?"—at the same time he saw it in Helson's hand, and he said, "Oh, that; that is our coal-hammer, which has been in our family for years"—this jemmy was found in a cupboard in the room where Lack was sleeping. Cross-examined. There were two women in the room with you, one was dressed—the charge was booked about 7 or 8 o'clock p.m., on 15th; I took you into charge at 8 a.m.—several people tried to pick you out—the constable came to identify you a long time after you came in; I don't know how long he waited before identifying you—Pearce found this jemmy; I did not touch it—I came into your room with a revolver; I heard you carried one. ALBERT PEARCE ( Sergeant H ). I was at the house in Chapel Street on 15th July, when Lack was taken into custody—I found this coalhammer in a cupboard—at the station Lack and Montgomery were charged with breaking into a shop in Green Street—Lack turned to Montgomery and said, "God blind me, they have done me for the jeweller's; he had not got a red one in the shop "—I understood by that a gold watch—Montgomery was discharged by the Magistrate. Cross-examined. I did not make this statement to the Magistrate for two weeks, because I was not called—several other officers were present when you said it; I don't know if they heard you; I was standing close to you and wrote down the words as you said them—it was in the library when Helson told you what you would be charged with—you and the woman Montgomery were together. Re-examined . The arrest was on the 15th, and I gave my evidence on the remand on the 22nd. JOSEPH HELSON ( Inspector J ). I know Hescott and Lack—for five or six weeks before the 7th July I have seen them together and with others—I have seen them wearing each other's coats. Cross-examined. Only four or five days before Hescott was arrested, I saw you with him within 150 yards of where this offence was committed—I refused to allow you to change your clothing after you came from Chapel Street. The Prisoners' statements before the Magistrate:—Lack says: "I know nothing of it; it is all a trumped up affair. " Hescott says: "I own to being concerned in this, but this man, Albert Lack, was not one of them." Lack in his defence asserted his innocence, and stated that he had not seen Hescott for two years. LACK GUILTY .— He then PLEADED GUILTY ** to a conviction of felony in May, 1887. HESCOTT also PLEADED GUILTY** to a conviction of felony.— Three Years' Penal Servitude each . 673. ALEXANDER HEIM PLEADED GUILTY to forging and uttering a receipt for £10 14s. 5d., and also to stealing £10 15s. 3d., the money of his master. Mr. HUTTON , for the Prosecution, recommended the prisoner to mercy. Several witnesses deposed to the prisoner's good character. — Judgment respited. 674. SIDNEY JONES (19) , to unlawfully attempt ing to carnally know Esther Wells , aged 6 years. — [Pleaded guilty. See original trial image.] Four Months' Hard Labour. And (675). HUGH TITUS CRAWFORD * (36) , to feloniously marrying Florence Grosutt during the lifetime of his wife; also to marrying Alice Mary Ann Adams during the lifetime of his wife. There was another indictment against the prisoner for unlawfully obtaining money from Jane Elizabeth Grosutt by false pretences, with intent to defraud. — [Pleaded guilty. See original trial image.] Five Years' Penal Servitude. 676. ROBERT HINDLE (24) and CLEMENT WILLIAM HEP WORTH (15) , for unnatural offences on the high seas. MR. HURRELL Prosecuted, and MR. SANDS Defended Hindle . No evidence was offered as to Hepworth ( NOT GUILTY ), who was afterwards examined as a witness. HINDLE — GUILTY — Ten Years' Penal Servitude. 677. WILLIAM CRAWLEY was indicted for, and also charged, on the Coroner's Inquisition, with the manslaughter of a woman unknown. MR. STEPHENSON Prosecuted, and MR. LAWLESS Defended. WALTER YOUNG , a police constable, proved and produced a plan of the locality. CHARLES BRIDGEN (375 E ). On the 8th August, about 7.25 p.m., I was in St. Martin's Lane; I saw a woman cross from the kerb from east to west, in front of a covered van, which was about seven yards in front of her—she cleared the horse's head by about two yards—all at once I heard a cry of "Oh!"—I then saw the prisoner driving a pony-trap, with two other men in it, on the off side of the road, in rear of the van—he was driving at a most furious rate; he dashed past the van, when there was instantly a scream—I ran round the rear of the van, and there saw the woman lying on the flat of her back, her petticoats entangled with the near step of the trap, and the near wheel skidded her along ten or twelve yards into the centre of the road—a man was holding the pony's head, trying to stop it—at the same time police constable Barber, in plain clothes, came up—with his assistance we extricated the woman from the wheel of the trap and carried her on to the pavement—I sent to Charing Cross Hospital for an ambulance, and the woman was taken there—the prisoner was also taken there—I took him into custody and took him to Bow Street Police-station—I there charged him with furiously driving and causing bodily harm to the woman—I should say he was driving at the pace of between thirteen and fourteen miles an hour. Cross-examined. The prisoner made no reply to the charge—I believe he was sober—he said he had not taken anything for three months—ho did not say it was an accident; not to me—I was about nine to ton yards in front of the van at the time the woman left the pavement—she was just in front of the horse's head when she was knocked down—I did not see her knocked down; the van was thon more than half way past mo—I did not see the cart till I hoard the shout—I did not say at the Police-court that I saw nothing of the pony-trap till the woman had been knocked down—the van was going at a walking pace—it was a fine day—the pavement was quite dry—I did not say it had been raining and that it was slippery; I said it might have been; the road was not slippery—the pony was a small one, about thirteen hands high—I did not see a four-wheeled cab there. JAMES BARBER ( E 318). On Saturday, 8th August, about half-past seven, I was in St. Martin's Lane, standing by the board on the side of the Orange Grove Restaurant, almost facing 109—I was on the right hand Hide going into the direction of Holborn—I heard a cry—I turned my head and saw a trap going in the direction of Trafalgar Square, and a woman under the wheels—she was dragged a distance of about ton yards—I ran in company with 375 and assisted in getting her from under the wheels—her dress had caught in the step—she was taken to the hospital. Cross-examined. The trap was about ten yards from the woman when it was stopped—I did not see it till the woman was knocked down. JOHN MITCHELL On 8th August, about half-past seven in the evening, I was walking up St. Martin's Lane on the right hand side; when I got towards New Street I saw a pony-trap with three men in it coming down the lane at a tremendous pace—when it got towards the bottom of the lane I saw the woman knocked down by the trap—as far as I could judge, the trap was going at the rate of twelve or fourteen miles an hour—I was perhaps two hundred yards off when the accident happened. Cross-examined. I have never driven horses—this was a small pony—I saw the woman actually knocked down—I did not see her before. THOMAS LEWIS . I live at 55, St. Martin's Lane—on the evening of 8th August, about a quarter-past seven, I was standing at my door—I saw a trap going at a very furious rate, with three persons in it—I heard some people screaming, and saw the woman fall down suddenly—I was about one hundred and fifty yards off—the furious rate at which the trap was going called my attention to it. Cross-examined. The trap pulled up almost immediately, within a few yards—the road was remarkably clear. EDWARD LEEK . I was walking along St. Martin's Lane, and saw the trap coming down at a tremendous pace; and as I crossed the road I saw the woman knocked down—she was dragged along—I saw the prisoner standing in the middle of the road; I went up to him and said, "You have killed that woman "—he said, "She is only stunned; I never ran over her "—she was dead. Cross-examined. When I first saw the trap it was about twenty yards from the woman—the horse was not beaten; the pony was a fast goer—the prisoner had a whip in his hand when I saw him in the road. ALFRED BARISTOW . I am a labourer—I was in St. Martin's Lane—I heard a shout, and saw the woman being dragged along by the trap—the prisoner and two men were in the trap—it was stopped—the prisoner was trying to pull up, but could not; it was coming down hill. Cross-examined. The road was a little slippery—the prisoner was doing his boat to stop the pony, and it was stopped within ten yards of the accident. CHARLES GIBBS , M.R.C.S. I was house surgeon at Charing Cross Hospital on 8th August—the deceased was admitted there about twenty minutes to eight—she was suffering from intense shook, and was evidently dying—she died from shock from ruptured liver—the fifth rib was broken—such an occurrence as this would account for it. JOHN WOOD ( Inspector E ). On 8th August, about half-past nine, I went to Charing Cross Hospital, and saw the deceased woman there—I then went back and charged the prisoner with causing her death—lie said, "I am very sorry, sir; it was quite an accident"—he was perfectly sober. JAMES BIRD . I keep a shop in New Street, Covent Garden, two doors from St. Martin's Lane—I was standing about two hundred yards from where the accident took place—I saw the trap go by at a very rapid rate—the pace attracted my notice—I ran to the corner and stood there—I did not see the accident—I should say the pony was going at the rate of fifteen or sixteen miles an hour. The Prisoner's Statement before the Magistrate: "I left home about seven on Saturday evening. I met a veterinary surgeon, and had a bottle of ginger beer. Coming along St. Martin's Lane a covered van was coming down, a four-wheeled cab was coming up, and pulled into the near side. I heard somebody shout, 'Oh!' I pulled up as soon as possible. The woman was against the step of the cart; it caught her clothes and knocked her down. The trap was not going more than seven miles an hour. The road was very slippery and greasy. " Witnesses for the Defence. HENRY REED . I am a horse-keeper, and live at 5, Compton Street, Brunswick Square—I have known the prisoner for some years—on this day I met him in Thanet Street, Euston Road—I got into the trap with him—we mot Varley in Judd Street, and he got up—we drove to Hunter Street to see a gentleman—we went down St. Martin's Lane, and saw a van—the woman was in front of the van on the kerb—she came to the horse's head right into the trap, and the step caught her clothing—the roads were very greasy—the prisoner pulled up immediately, as soon as he could, in about six yards—he was not going at more than seven miles an hour—the pony is eleven hands high. Cross-examined. The woman crossed from the kerb in front of the van, and we knocked her down. WILLIAM VARLEY . I am a timekeeper to an Omnibus Association, and live at 54, Rochester Row, Kentish Town—on this Saturday I met the prisoner with the trap in Judd Street—I got into the trap with him—we drove to St. Martin's Lane; just as we got half-way down, the woman went across the road in front of the van—we had not seen her till we were right on her; there was no chance of avoiding her; the van was in the way—we were going between six or seven miles an hour—the pony was not eleven hands high. JOSEPH BARTLETT . I am a carman, and live at 2, Charles Buildings, St. Martin's Lane—I was in St. Martin's Lane, and saw the woman knocked down by the pony-trap—I saw it before the woman was knocked down—the trap was going between seven and eight miles an hour. SAMUEL MAYNARD . I live at 19, Farringdon Street, and am a horse-dealer—this pony was mine—I have had it measured; it does not stand eleven hands high—a little girl has been driving it—I sold it to the prisoner; it will go ten or eleven miles an hour, but you must put pace on him to do it. NOT GUILTY . 678. ANDREW SHAVE (23) , Unlawfully attempting to commit an unnatural offence. MR. GRAIN Prosecuted. . GUILTY — Two Years' Hard Labour. 679. WILLIAM COTTON (14) was indicted for * * * MR. GRAIN Prosecuted. NOT GUILTY . 680. WILLIAM COTTON was again indicted for unlawfully attempting to commit * * * MR. GRAIN Prosecuted. NOT GUILTY . 681. CHARLES OSBORNE (17) was indicted for * * * MR. GRAIN Prosecuted. GUILTY .— Eighteen Months' Hard Labour. 682. ARTHUR MORLEY (17) , for a like offence. MR. GRAIN Prosecuted. GUILTY .— Eighteen Months' Hard Labour. 683. WILLIAM SMITH (31) , Feloniously attempting to set fire to the dwelling-house of Charles Roberts , Francis Roberts and others being therein. MR. BODKIN Prosecuted, and MR. A. GILL Defended. CHARLES ROBERTS . I am a bootmaker, of 115, Canterbury Road—three or four months ago Mrs. Smith, the prisoner's wife, took a room on my top floor, and a day or two afterwards the prisoner came and lived with her—on August 11th there were sounds of quarrelling between them, angry voices, and also the breaking of furniture—it had gone on the greater part of the night, and was continued up to between seven and eight a.m.—the prisoner used a lot of threats to his wife, and said he was going away to the North of England, and before he left he would set fire to the b----lot—he came down stairs, and half an hour after that I noticed smoke from the prisoner's window, and called a constable, went into the room, and found one mattress had been torn open from side to side, and the shavings taken out and set light to—the other mattress was lying on the floor by the burning shavings—the con stable put out the fire—the prisoner said that he set fire to it, and he was perfectly entitled to burn his own property; I cannot say whether they were his, but they were not mine—the constable took him to the station—he seemed perfectly sober, but he had evidently been drinking the night before—I was trying to legally eject him; Mrs. Smith wanted to go, but he did not; she and other lodgers were in the house. Cross-examined. He seemed very angry in his quarrel with his wife—he appeared in the morning to have recovered from stale drink—there was an iron bedstead and a box in the room, but no other furniture. Re-examined . The planks of the floor were charred by the fire, but not much, about as much as the palm of your hand—his wife had just left the room. ALFRED BOURNE (46 X R ). On 8th August the prisoner's wife called me, and I went to this house in Canterbury Road to the top floor, and found the room full of smoke—the prisoner went up with me from the street into the room—I saw the shavings burning, and threw about a pail ful of water upon them, which put them out—I asked him how it occurred—he said he struck a match to light his pipe and threw it down—I called his attention to the mattress being torn and the shavings taken out; he said he did not know how that occurred, he slept on it last night—I said I was not satisfied with his answer, and the landlady gave him in custody—I did not see or smell any tobacco in the room—I did not search him. ARTHUR CLARK ( Police Sergeant X ). On 11th August, about ten o'clock, I went to this house with Mr. Edwards, of the Fire Brigade, and saw the shavings lying there—I saw a box of matches and two pipes on the mantelpiece, but no tobacco in the pipes—I searched the prisoner at the station, but found no pipe on him, or tobacco or matches—when the charge was read over, he said, "I know nothing about it." THOMAS EDWARDS . I am superintendent of the Willesden Fire Brigade—I went with Clark to this house, and found charred shavings, partly on the floor and partly on the hearth—the mattress was charred—I did not notice the planks of the room. GEORGE OLIVER . I am a builder of 37, Stafford Street, Marylebone—on 11th May, about 9 a.m., I went to Canterbury Road and saw the prisoner and his wife outside quarrelling—she said, "You are a great vagabond, you won't work yourself and won't let me work; you are starving me and the children "—Roberts spoke to the constable and asked the prisoner if he knew his rooms were on fire—he said, "No," and the constable said he would have to go with him and see whether it was right or wrong. NOT GUILTY . 684. WILLIAM CHATHAM (15) PLEADED GUILTY to burglary in the dwelling-house of Thomas Molineux , and stealing cigars and other articles; also to a conviction of felony in June, 1890.— Discharged on recognisances. 685. GEORGE WILLIAMS (34) , to unlawfully obtain ing from Emily Dunbar 18s. 8d. by false pretences, and other sums from other persons, with intent to defraud. — [Pleaded guilty. See original trial image.] Eight Month' Hard Labour. And (686). CLEMENT ALLEN (45) , to unlawfully obtaining a cheque for £12 10s. from Elizabeth Baxter , by false pretences, with intent to defraud. There were other indictments against the prisoner for forgery and for larceny. [Pleaded guilty. See original trial image.] Recommended to mercy.—Judgment respited. 687. HENRY WRIGHT (33) and WILLIAM TYSON (31) , Burglary in the dwelling-house of Thomas Smith , and stealing a clock and other articles. Second County receiving the same. MR. BURNTE Prosecuted. THOMAS SMITH . I live at 2, The Elms, Boston Road, Brentford, and am a dealer in fine arts—I went to bed on 13th August about 10.30 p.m., leaving the house safely locked up, as far as I know; I can safely trust my servants—about a quarter-past four on the following morning I was aroused by a knocking at the next door to mine; I afterwards found that was because the next house had been broken into—I waited till I heard my next door neighbour in conversation with the constable on the lawn in front of the house, and then I came downstairs and found my break fast parlour window had been forced open and the room was in great dis order, and my plate-basket was emptied, and the contents were twisted and bent about, but only one piece, the cream jug, was taken; the rest were left behind—I also missed a marble clock from the mantelpiece, and a plated jam server, and eight table napkins—the value of all the articles would be about £4—this is my clock ( produced ). ROSINA HADDON . I am Mr. Smith's cook—at half-past ten on the night of 13th August I examined the breakfast-room window before I went to bed; it was properly fastened—I came out of that room, which is in the front on the ground-floor, and I locked the door. HARRY MORGAN ( Detective Inspector T ). On 14th August about 10 a.m., I examined the front breakfast-room of Mr. Smith's house, and I found an entry had been effected by throwing back the catch of the window with some instrument—the window was not then open; it had been shut. FREDERICK WOOD ( Detective T ). About 9 p.m. on 14th August I saw the two prisoners walking together in High Street, Brentford, near the Ealing Road, each carrying a carpenter's basket similar to this—I followed them to Kew Bridge, where I saw Ambrose, a uniform con stable—I called him to assist me, and stopped the prisoners—I said to them, "I am a police officer; I wish to know the contents of the bags you are carrying'—Tyson said, "It is all right"—Wright said, "We will go to the station "—I went with Wright towards the station, and Ambrose followed with Tyson—at the corner of Pottery Road, Wright slipped the bag from his shoulder and I fell over it, and he immediately ran up the Pottery Road—I ran after him and blew my whistle and shouted, and at the corner of Netley Road Wright disappeared—I looked round; it was very dark—I saw a doorway into a yard—I entered, and groped round the walls, and found the prisoner crouching at the side where the dusthole is—I said, "You will stop here till I get assistance"—he struggled, and tried to get out; I blew my whistle again—he said, "You know nothing; let me go"—I was in plain clothes—we had several struggles, and he got out into the road—he then promised to go quietly, and he did so for a few yards, and then he caught me up and attempted to throw me; he fell on the ground, and I on top of him—two other men came up to my assistance, and I got him into the Pottery Road; he struggled all the way going to the station—at the station I examined the contents of his and Tyson's baskets; Tyson was at the station when I arrived—I found in the baskets the property that has been described, some in each—they were charged in the usual way—Wright, I believe, said they did not know anything about the breaking into the house—I found in Wright's pocket this match, and the portion of a broken handle of a jug. JOHN AMBROSE ( T 203). On 14th August I was on duty at Kew Bridge when Wood called my attention to the prisoners, who were carrying baskets—we stopped them, and asked what they had in their baskets—they said, "We won't tell you here now; we will go to the station with you "—on the way to the station Wright dropped his basket, Wood fell over it; Wright ran away—I picked up the bag—I took Tyson into custody, and conveyed him and the property to the station—this is the bag Wright was carrying. THOMAS SMITH ( Re-examined ). 'The things in these baskets are my property—Mr. Hale, my neighbour, found this match, but I have found some similar to it in my premises since the robbery—it is similar to the matches I am in the habit of using, but my next door neighbour is not in the habit of using them. EBENEZER HALL . I live at the Elms, next door to the prosecutor—I found this match on my premises after they had been broken into—I do not use matches like it—the gas had been lit in my rooms, and left burning. FREDERICK WOOD ( Re-examined ). I met the prisoners about a mile from the place that was broken into. The prisoners, in their statements before the Magistrate, said they were not guilty of breaking in, Wright, in his defence, said that every working man who smoked used the same kind of match. GUILTY of receiving. WRIGHT then PLEADED GUILTY ** to a conviction of felony in April, 1889, at this Court. There was another indictment against the prisoners for another burglary. WRIGHT .— Three Years' Penal Servitude. TYSON .— Eighteen Months' Hard Labour. 688. BRYCE WRIGHT (41) PLEADED GUILTY to pledging goods of Sarah Catherine Glubb , entrusted to him as a bailee. — To enter into his own recognizance of £10 to come up for judgment when called on. 689 THOMAS EDWARDS (25), to burglary in the dwelling-house of Frederick Thomas Treveston , and to a conviction of felony at this Court in December, 1886. — [Pleaded guilty. See original trial image.] Six Months' Hard labour. 690. GEORGE WENHAM (18) , to an act of gross indecency upon Henry Atkins .— [Pleaded guilty. See original trial image.] Three Months' Imprisonment. 691. GEORGE BROWN (50) , to being found at night time in the dwelling-house of Arthur Townley with intent to commit a felony, and to a previous conviction of felony in September, 1866. He received a good character since his previous conviction. — [Pleaded guilty. See original trial image.] Four Days' Imprisonment. 692. GEORGE WILLIAMS (28) , to obtaining by false pretences from Harold Bertie Richards and others four scarf-pins and other goods, with intent to defraud.— [Pleaded guilty. See original trial image.] Nine Months' Hard Labour. 693. DAVID BARRY **, to obtaining by false pretences from Emily Beeton and another a case of lemons with intent to defraud, and to a conviction at this Court in September, 1889.— [Pleaded guilty. See original trial image.] Fifteen Months' Hard Labour. 694. CHARLES WILLIAMS ** (24) , to burglary in the dwelling-house of Joseph Rivers , and stealing £6, his property, and to a conviction of felony at Clerkenwell in October, 1889, in the name of Albert Briggs .— [Pleaded guilty. See original trial image.] Three Years' Penal Servitude. 695. JOHN MIERS (50) and EMILY MIERS (34) , to three indictments for stealing a blanket, a counterpane, and other goods, the property of Henry Johnston and another. [Pleaded guilty. See original trial image.] JOHN — Eighteen Months' Hard Labour. EMILY — Twelve Months' Hard Labour. 696. JOHN SMITH (62) , to burglary in the dwelling-house of Thomas Woodlock , and stealing a cruetstand and other goods.— [Pleaded guilty. See original trial image.] Nine Months' Imprisonment. 697. JAMES DOYLE (22) , to receiving two bottles of champagne, operaglasses, and other articles, the property of Henry Dumbrill . And [Pleaded guilty. See original trial image.] (698). GEORGE THORPE (52) , to embezzling £16 9s. 6d., £9 3s., and £15 13s. of Sir Henry Peek, Bart. , his master; also, £12 18s. 9d., £15 1s. 6d., and £10 16s. 9 d .; also, for stealing £85 of his said master. The prisoner's defalcations amounted to £15,000.— [Pleaded guilty. See original trial image.] Ten Years' Penal Servitude. 699. JULIUS SPITZEL (27) , Unlawfully obtaining by false pretences a quantity of diamonds from Lipman Krolik . MESSRS. KEMP , Q. C., and BESLEY Prosecuted, and MR. H. AVORY Defended. LIPMAN KROLIK . I have been in England three years—I am a diamond merchant, of 24, Hatton Garden—I have known the prisoner about twelve months—before July 20th I let him have a parcel of diamonds, worth about £80, which he returned—I had done no other business with him till then—I did not know where he lived—on 20th July I saw him in the street at Hatton Garden—he said, "I have been commissioned by the Australian shipping-house of Hoffmann and Co. to show them about two hundred carats of diamond melee; I will go at once with them, and bring the goods back if not sold"—I went to Lindenbaum, Weil, and Co., of 25, Hatton Garden—I received from them two parcels of diamond?, one weighing five and five-eighths carats, at £5 15s. a carat, and the other ninety three and a half carats at £5 10s. a carat—I told the prisoner the price—that was in a Hatton Garden restaurant—I handed him the parcels—I opened my pocket-book and showed him a parcel of 57 1/2 carats of melee at £4 10s. a carat, and a pair of brilliants weighing 26 carats at £8 10s. a carat, a single brilliant 6 carats at £16 a carat, and 71 carats of white brilliants at £12 a carat—when he saw them he said, "These goods are just the goods Messrs. Hoffimann want to buy"—I then gave him the goods, and he said, "I will show them at once, and be back as soon as possible "—to Hatton Garden—I gave him those six parcels about eleven o'clock—I returned to my office—at 12.30 I saw him again at. the restaurant—he showed me an envelope which was fastened down, on which was written "£5," and the initials "H. and Co. "—he gave me the envelope, and said, "This is the price "—Mr. Abrahams had the envelope—I last saw it in his posses sion at his office—that was the next (Tuesday) morning—Mr. Abrahams took it out and put it back in his drawer—when I first saw the envelope it was fastened down like an ordinary letter, with gum—there was no sealing wax upon it—when he gave me the envelope, he said, "This is the price Messrs. Hoffmann offered for the two parcels, but they want to buy about 100 carats of by water brilliants at between £5 10s. and £6 10s. a carat—I took the envelope to Messrs. Lindenbaum and Weil—the prisoner knew I had them from another person, to whom I had to submit the offer—I told the prisoner what Mr. Weil said—Mr. Weil said the price of £5 for the diamond melee was no good; and I told the prisoner that he had to go back and break die seal at once—that is the usual course—I told him that Mr. Weil had got a parcel of 125 carats of bywaters, but the price was £8 a carat instead of £5 10s. or £6—that was after I had seen Mr. Weil—he said, "Never mind, come and get the goods "—I went to Mr. Weil again, and I got the parcel of 125 carats of bywaters—I next saw the prisoner in my office—he had come from the restaurant—I fetched him—I saw him in the restaurant, and told him I had the goods for him, and I took him to my office—I gave him the bywaters—I parted with them because he said he wanted them for Hoffmann and Co., and I believed that his statement was true—it was about two o'clock when he went away with the bywaters he was to return at once—he said he would return as soon as possible—I knew Hoffmann and Co.'s place was in the City—I remained at my office till 6.30 p.m—the prisoner did not return—when I left Hatton Garden I went up to the prisoner's brother's house at 32, Adolphus Road, Finsbury Park—I did not know the prisoner's address—I got there about seven.—I did not find the prisoner there, and I went back to Hatton Garden—between 8.30 and 9 o'clock I went back to the prisoner's brother's house—the prisoner came downstairs—I was in the hall when he was coming down—I said, "Where is your brother Louis?"—the prisoner said, "He is not in"—I said I did not believe it, whereupon the prisoner called upstairs to the bedroom, " Tony, is Louis in?"—Tony is the prisoner's brother's wife—she answered, "Yes!" and I told him, "You say he is not in, and he is in"—and he said, "He is not in "—Mrs. Spitzel, who heard our conversation, answered a second time, "He is not in, my man is not in "—I had spoken aloud so that the brother's wife could hear—then she came downstairs and was very indignant that I did not believe her, and she told me that she had a telegram from her husband that he would not come home so early, as he had to see Mr. Abrahams, who owed him £900—I then took the prisoner into the front room—Mr. Katzin was in the passage—the brother's wife spoke loud enough for the prisoner to hear—she aid not show me any telegram—when I was in the front room I asked the prisoner where my goods were—he said."I have, lost them "—I asked him, "Where did you lose them? "and he answered, "In the Tottenham Court Road," and then, "In Oxford Street"—I said, "Where have you been?"—he said he left the City at half-past four and took a cab from there to King Street, Covent Garden, to see a jeweller of the name of Partridge—he said he saw young Mr. Partridge, and that from there he went to Long Acre to see Messrs. Jones and Son, and from there he went to the Goldsmiths and Silversmiths' Company in Regent Street, but he did not go into their shop—he said it was a quarter to, five-when he was at Regent Street—I said, "How is it possible? You say you left the City at halfpast four, that you made all these journeys and saw all these different people, and yet you were in Regent Street at a quarter to five; that means a quarter of an hour!"—he said, "Well, it must have been earlier than half-past four when I left the City, and later than a quarter to five when I was in Regent Street"—he said he took an omnibus to Tottenham Court Road, and when he came to Torrenham Court Road he found he had lost his pocket-book—he said he took a cab to Moor Lane Police-station, and from there to Bow Street Police-station—I was crying bitterly for him to give me my goods back, and begging him to give them to me, as it was so heavy an amount, and by losing those goods I would lose my existence, and would be a ruined man for the rest of my life—I said, "I am sure you have not lost the goods, "and" You had better give me my goods, as it will be my ruin "—I waited in the brother's house till about half-past eleven, then I went with the prisoner to a restaurant in Islington—the brother did not return—the prisoner went up to the front bedroom and came back in a few minutes—I told him I thought his brother would not come back at all, and as I had not had anything to eat for the whole afternoon, I wanted to have something to eat—then he took me to this restaurant in Islington—he took me to the back room and he said, "You go on and have something to eat, and I shall be back in a second"—I said, "All right," but as soon as he went out I went after him—I was standing outside the restaurant and I saw him loitering at the opposite corner looking for some body, and all at once I saw him jump in a cab—he was just driving away, or giving his directions to the cabman, when I jumped on the cab and caught hold of him, and said, "Where are you going?"—he said, "I shall be back in a minute"—I told him, "That won't do, you know; I won't leave you until I have my diamonds back "—then he said, "You can believe me, I shall be back in a minute"—I said, "If you like to get out from the cab, do so; or, if not, I shall go with you"—he said, after some hesitation, "All right, you can come with me"—he then drove to a street I do not remember the name of, and told me to wait in the cab and be would be back in a few minutes—he knocked at the door, ran upstairs, and came back in a few minutes—it was seven or eight minutes' drive—I have seen the house since—we then both drove to a restaurant, and the cab was discharged—he said, "You can go in, and I shall be back in a second"—I said, "All right," and I did the same as before; I saw him go over the road, and I watched him from outside the restaurant—I saw him speaking to a girl whom he brought to this restaurant—when I saw him coming across the road I went in the back room and sat down—he came in with the girl, ordered something for her—afterwards he said he was very tired, it being very late, and he wanted to go home—I said, "I will follow you, I shall go with you"—he invited the girl, and we all three went back to the same house he had entered when I was in the cab—we went to the first floor and found another girl—the prisoner began to tell her he had lost such a heavy amount of diamonds—I said, "What is the good of talking to this girl? she cannot help you "—after about fifteen to twenty minutes' stay in this room the prisoner said he would go to bed—the girl stayed in the same room—I said, "Where am I to be?"—he said, "There is another room on the second-floor," and I went to it with the woman who came in the cab—I did not go to bed—I had nothing to do with the woman—the remainder of the night I was sitting near the window of the second-floor, which was only half a staircase off, and where I Could watch and hear every movement of the prisoner, and when I heard anything suspicious I opened the window—I went three times downstairs to see if the prisoner was still in that room, so that he should not go out without my being Able to follow and stop him—very early in the morning I turned the handle of his clock on about two hours to make him get up—about 7.30 I made his clock show 9.30—the clock was in the first floor bedroom on the mantelpiece—when he saw it was 9.30 he got up—we went to his brother's house, 32, Adolphus Road—the girls were left behind—the right time when we got to the brother's house was between 7.30 and 8 o'clock—the prisoner went up to the bedroom—I heard him say," Mr. Krolik is there," meaning me—the brother said, "I am getting up just now, I will be downstairs in a minute "—I was in the front room—the same room I had been in the night before—the prisoner and his brother came down—the brother said, "I am sorry to hear, my wife told me of the loss"—I said, "Look here, Mr. Spitzel, you know very well that your brother has not lost the diamonds, so I came to you to have influence upon him to give me back my goods; and why has your brother never lost his pocket-book when he had only 10 carats of diamonds or one parcel of your own in his pocket? Why did he only lose the pocket-book to-day, when he had such a heavy amount as he never had before in his pocket?"—Louis said, "Go with my brother wherever he wants you to go," meaning the prisoner, "and if you do not find the diamonds, then come back to my office to Hatton Garden, I shall be there, and I won't let anybody in to-day, and if you knock three times at the door that will be a sign that it is you, and I will open the door"—I did not leave off begging the prisoner to give me my goods back, and I said I did not dare to face my people who had entrusted me with such a heavy amount—at last he said "I will give you £500"—I went with his brother to the platform at the Finsbury Park Railway Station—I said to him, in the prisoner's presence, "You see your brother has not lost the diamonds; he offered me just now £500 "—the prisoner said he said that if he would be rich he would give £500—the prisoner, his brother, and I went from Finsbury Park Railway Station, the prisoner and myself to Moorgate Railway Station, and the brother to Farringdon Street—the prisoner and I went to Moor Lane Police-station—we saw the sergeant in charge—the prisoner said to the sergeant, "Has the pocket-book been found?"—the sergeant said, "No," and asked the prisoner a few more questions—I left with the prisoner and we went to Mr. Abrahams' office in Basinghall Street—he took me there, and on the ground floor—when we came to the back office, Mr. Abrahams saw the prisoner and myself come in—I knew Mr. Abrahams by sight—he said to his clerk, "Leave us alone and lock the door"—we' entered the front office—Mr. Abrahams was there—the door was closed, the clerk withdrew—the prisoner said to Mr. Abrahams, "I have lost my pocket-book"—Mr. Abrahams said, "I am very sorry," and while we were talking Mr. Abrahams took an envelope from a drawer and said, "I sealed up two parcels of melee on Monday morning and broke the seal in the afternoon "—he said, "This is the seal I sealed the envelope with "; he took out a thin brass seal from his drawer in his table; I understood that he sealed it with sealing-wax—it was a seal that would make an impression with sealing-wax—then Mr. Weil came to the office—he came in the same room—as soon as he came in he struck me—I was the person to whom he entrusted the diamonds—he then put some questions to the prisoner, but I was too ex cited, through the presence of Mr. Weil and Mr. Gordon, who came in, and did not hear or see what was going on—Mr. Gordon, from Paris, gave the prisoner into custody at Islington—he is one of the firm from whom I had the four parcels—when I left Mr. Abrahams' office I went to Moor Lane Police-station, being the nearest station, to inquire what I could do—Mr. Weil remained to watch the prisoner—I next went to my solicitor to get a warrant—I next saw the prisoner in custody. Cross-examined. Mr. Weil struck me because I had lost £2,000 worth of diamonds—I had no right to part with them, being entrusted with them—ho was angry because I entrusted them to somebody else; to this particular man—one broker entrusts another broker with a parcel if asked—it is not the custom—I did not give Mr. Weil any explanation—it did not occur to me to explain—he did not say I ought not to have given them up to Spitzel—Spitzel was a broker, as I was—I sometimes tell the broker the name of my customer—it depends from whom I get the diamonds—there was nothing to prevent my offering the diamonds to Hoffmann and Co., but the prisoner told me he had known all the Australian diamond merchants very well, and would get a better chance than anybody else—if the prisoner had sold them we should have divided the commission—I only knew Hoffmann and Co. by reputation—I did not know they had bought from Lindenbaum and Weil—I do not remember having got goods from any broker—one broker has a better chance to sell to a merchant than another, because the merchant may like him better, and if the diamonds are from the factory at Amsterdam or elsewhere he thinks he can buy more cheaply than from a London house—the prisoner has not been in business in London three years I am sure—I have known him twelve months—he never sold anything for me—I had entrusted him with two parcels on the previous Saturday, also a diamond snuff-box, to sell—I understand a transaction is when business is done; he never did any business for me—I have not entrusted him with anything else—I keep no books showing these transactions—there is no record of the weight or value of the diamonds parted with—I did not tell Lindenbaums to whom I was going to show the diamonds—they did not ask me—they entrusted me with them upon my statement that I could sell them—that is the custom of the trade—the prisoner said his customer had not time to go through all the parcels in the morning—I told him to show them again in the afternoon—I did not say the envelope was sealed; I said it was fastened down like an ordinary letter—the initials "H. & Co. "and the "£5" were written on it in ink—there was no wax—I saw the same envelope in Mr. Abrahams' office—I did not say I saw no sealing wax on it—I had seen Mr. Abrahams before, but did not know his name—I have seen him here—diamonds are always in a parcel—even if only a single stone—I told the prisoner to go back and try to get another 5s. a carat—the prisoner's words were not, "This is the price the firm offer me," but "This is the price Hoffmann and Co. offer"—the name of the firm had been mentioned before—I do not remember the words I used at the Police-court—I said there the name Hoffmann was mentioned—I do not know whether the prisoner was at home when the wife said he was not, and I did not go upstairs—I said I thought his brother would not come back and it was no use wait ing, but I always thought he was at home—I have seen him here. and and his wife—before I left the brother's house I thought the prisoner had stolen the diamonds—I paid 8d. or 10d. for my dinner; the prisoner paid for himself—I do not know who paid the little amounts, I was too much confused—I think I paid the cab from Finsbury Park to Islington—I paid for my own room—I did not sleep with the girl— that is the woman. ( The witnesses were here ordered out of Court ).—she was sleeping in the bed while I sat at the window—I gave her 10s. in the morning—I promised her nothing—I thought if the prisoner went back to that house the per son inside might be in connection with the loss of the diamonds, and in any case I ought to go in—he said I could stop with him—I thought in the same room—I had no idea he was going to find another woman—I am married; my wife believes my story—in answer to prisoner's solicitor, I said at the Police-court, "I passed the night with two women in a common brothel"—I did not know at the time what a brothel meant, because the prisoner never told me he was going to such a house; he told me he was going home—I did not think the woman was his wife—I did not say at the Police-court I sat up all night watching the prisoner, and that I went to that house for that purpose; nor that Mr. Abrahams locked the door when I went to him in the morning—nor that Mr. Abrahams said, "Leave us alone"—the prisoner did not tell me he had shown the diamonds to Mr. Abrahams—I went to Mr. Abrahams' office because the prisoner's brother said, "Go with him wherever he wants you to go," I was not to ask any questions, and if the diamonds were not found then we were to come to his office at Hatton Garden—the prisoner took me there—I said, "What is the good of going to Mr. Abrahams' office?"—he said it was a short distance from the police-station—he told me he had been to Mr. Abrahams' office as well with these diamonds—I did not know he was going there with them—the prisoner did not say he was going to Mr. Abrahams' office, because he had been there—as soon as we got in the door was locked, and Mr. Weil came in, and I did not have time to ask any question—I heard Mr. Weil was in Hatton Garden at the prisoner's brother's, and it was known the prisoner had lost such a lot of diamonds, the most part belonging to me—Mr. Weil heard it from the prisoner's brother—his visit was not in consequence of anything I had said; I had not seen Mr. Weil all the Monday—the prisoner was given into custody for obtaining the goods by false pretences—I do not know that it was for stealing the diamonds—I went to the solicitors because the sergeant at the police station told me to try for a warrant—I have only told you the facts—I have never been convicted for making a false declaration—I was fined £50—I pleaded guilty; I was not guilty—I agreed to pay the fine—I gave Mr. Vryburg a letter to use my name in connection with some silver—my solicitor pleaded guilty—I paid the £50; I did not plead guilty to making a false declaration—I first went to see Hoffmann on the Wednesday morning, the day after the prisoner was given into custody—Hoffmann's offices are in Fore Street, City—I did not ask Mr. Abrahams anything—Mr. "Weil did not say to me, in the presence of Mr. Abrahams, "Did you not tell me that Mr. Schmidt offered to seal up a parcel of diamonds?"—I had not said anything about Mr. Schmidt—I was not beginning to say that Mr. Abrahams had offered to seal, or had given a seal, when somebody stopped me—Mr. Weil did not put his hand over my mouth and tell me to " shut up " as I was in the act of speaking—as soon as he came in he struck me—it was rather a hard blow—when he struck me I wanted to excuse myself—I was going to say something—I talked to Tony Spitzel about the loss of the pocket-book—I did not say that Julius, as I called him, had got a seal from Mr. Abrahams, of Basinghall Street—I did not mention Mr. Abrahams' name to her. Re-examined . A man named Vryburg made a declaration as to some silver which I had not given him possession of, and I was held liable for the duty—as it was still my property I agreed to plead guilty and pay £50—the total value of the goods the prisoner is alleged to have lost is over £3,500, the value of the goods obtained from Mr. Weil £2,000—that was in my pocket-book—I spoke to the prisoner in German—he has no office—the artistic value of the snuff-box was £150—Weil and Co. made an entry of the goods—I accept their statement as correct, and the vendee could test its correctness—the goods merely pass through my hands from vendor to vendee—the other goods were Mr. Gordon's, from Paris. By the JURY . I did not search the prisoner's pockets, because his pocket-book was too large to conceal—I thought he could not have lost his pocket-book—he would not have them in his possession, having been to the Police-court. LOUIS NATHAN . I am one of the firm of Hoffmann and Co., Australian merchants, of Fore Street, City; we ship diamonds to Australia—I have the control of that business—the prisoner did not come to us with diamonds in July—we had no directions from my firm to obtain diamonds on approval—I have seen him at our place of business—I do not recollect being in want of diamonds on the 20th July—we had no communication with the prisoner about his obtaining diamonds—I did not sea the prisoner with a parcel of diamonds—I have never sealed a parcel with "H. & Co. "on—I might put "£5" on a parcel—I did not tell the prisoner to take diamonds back and get by waters for me—I gave him no authority—I know nothing of him. Cross-examined. I saw the prisoner with regard to an Australian purchase—I put either my own initials, "L. H. N.," or "H. N. & Co. "—that is Henry Nathan & Co.—I was first asked by a clerk if I had seen the prisoner in connection with diamonds, I think the morning the case was reported in the newspapers—I said at the Police-court, "The matter of these diamonds was first brought to my notice from proceedings in the paper; "but I think I was asked a different question; they rather con fused me. Re-examined . This is correct, "Before then I had heard something from one of my clerks." WALTER BURR ( G 315). I took the prisoner into custody near the Angel, Islington, at the corner of the Pentonville Road, the City Road side—Mr. Gordon said, "We charge this man with stealing between £3,000 and £4,000 worth of diamonds"—the prisoner asked for a cab to ride to the station. Cross-examined. There was no charge of obtaining diamonds by false pretences. HENRY JONES . I am a gold and silver refiner, of 19, Long Acre, and one of the firm of Jones and Sons—there is no other firm of that name in Long Acre—on 20th July I was at my place of business between 2 and 5 p.m.—we have a room specially used for inspecting diamonds—the prisoner was not there that afternoon with diamonds. Cross-examined. We do not look at diamonds after three o'clock—there are other principals of the firm. Re-examined . If diamonds are brought I see them. JAMES PARTRIDGE . I am assistant to my father, Edward Partridge, of 20, King Street, Covent Garden—he sometimes deals in diamonds—there is no other son in the business—there is no other person of that name in King Street—on 20th July the prisoner came and asked if Mr. Partridge was in—I said he was not, and the prisoner went out—I believe that was about 12.30—I cannot be certain of the hour—it was before a meal-time, but which meal I cannot say—he did not offer me any diamonds—he did not come between four and five to my knowledge—he did not call more than once—he did not mention the loss of a pocket-book, nor inquire about a pocket-book with diamonds in it. Cross-examined. It was before dinner or tea. SAMUEL KROLIK . I am a diamond merchant, of 106, Hatton Garden—I have known the prisoner two years—on 20th July I was in Holborn between 5 and 5.30. having left my office about 5.10—near the Royal Music Hall I saw the prisoner—I said to him, "Spitzel, Goodenburg is waiting for 'you in the garden," meaning Hatton Garden—I did not notice anything unusual in his manner—I spoke while passing—he said nothing about losing diamonds—he was walking. Cross-examined. He was going towards Hatton Garden—we did not stop—he has been a diamond merchant two years—his reputation is respectable—a merchant does not always ask the name of his brokers customer—I have got goods from another broker to show a customer—if I told him the name of the customer he might show the goods. Re-examined . One broker has more influence than another. ADELAIDE MILES . I live with my husband at 13, Alfred Road, City Road—the prisoner was our lodger—he occupied the front parlour at seven shillings a week—on 20th July £5 was owing; I was not pressing him for the money—on the Monday he name home I think, between two and three p.m., or a little later; I know it was after dinner—we dine about one—he said, "Mrs. Miles, if I pay you in the morning or evening will that do?"—and I said, "That will do very nicely, sir"—he came to us in January, but he had lived with us about twelve months before. Cross-examined. He wanted his bill, and I had not the change on two former occasions—I have let the rent run on, and he has paid—he was very respectable. Re-examined . He only called at the door and asked about the £5, and went away. MARIA MILLS . I live with my husband at 104, Cloudesley Road, Barnsbury—on 20th July the prisoner came to my house in a cab about 2 to 2.30 p.m. with a diamond ring—my husband had bought a diamond, and he had taken it to have a band put on, and he was to bring it at 1—the stone was set in gold—I paid him £1 on account—he left the ring—he said he could not stop to see Mills, as he was in a great hurry to go to the City to sell diamonds—he shoved the pocket-book in his pocket, and ran across to a cab—I saw the pocket-book in his hand—he said he could not wait, but if possible he would call about six—my husband was home about six. Cross-examined. He came up in a cab, and went away in the same cab. JOHN KATZIN ( examined partly through an interpreter ). I am a diamond dealer, of 14, Robert Street, Gray's Inn Road—I have known the prisoner a short time—on Monday, 20th July, between ten and eleven a.m., I entrusted the prisoner with twenty-two carats of bywaters, of the value of between £80 and £90—he said he would take them to an Australian big firm to show, and that he could sell them—he mentioned the name of the firm, but I have forgotten it—he brought back the parcel between twelve and one—ha said he could not see his customer—after two he came again to the same restaurant where I had seen him—he asked for a parcel of small goods, which he knew I had from a conversation a few days before—I said, "I cannot give you that parcel because it is not saleable"—it was too dear—he said, "How many carats is that parcel?"—I. told him fifteen carats—he said, "Then let me have the other parcel, "that is "the parcel in my possession all day," which he had returned—I replied, "How can you have the parcel now when you told me you could not find the man, and do not know whether you can sell them?"—he said, "I will sell it sure now," and "I know this man will buy, and it was just that general stones he wanted"—there were big stones in it—I thereupon handed him the good he had returned—I said, "I will go with you to sell the parcel; it will be better to go"—he said, "I cannot take you to-day"—I said, "Why did you take me before?" because two weeks since he took me to all his customers, the firms he knew—he said he could not take me, the man was a big man—I let him have the diamonds—I have not got them back he promised to be back at lour o'clock sure, with the diamonds or the money; till four it must be—I saw him about six in Hatton Garden, going away in a cab with Goodenburg—I asked him, "Where are my goods?"—he replied, "I we lost the pocket-book"—I thought he laughed at losing the pocket-nook—I thought he joked, but Goodenburg talked to him seriously—I jumped on the cab, and Goodenburg was angry with me, and I went with them in the cab—I asked the prisoner where he was going—he said, "I am going to the Police-station to tell them I have lost them "—that was about 6.15—then I jumped from the cab and left him—I saw him afterwards with Krolik—I went to his brother's house with Krolik—I saw the prisoner coming downstairs when I opened the door—I asked him, "Where are my goods?"—I did not ask him so much as Krolik—he said, "I have lost it"—I said, "Where hare you been with my goods?"—he said he had been to King Street to show them, and mentioned a name I do not remember—afterwards I said, "Where have you been? Have you broken the seal?"—he said he was at "Mr. Abrahams' at four o'clock, and had broken the seal there—I asked if he had been to some firm in King Street, and he told me no. he had not been there—he mentioned the name, but I do not remember it—I think it was Partridge—I asked, "Has Mr. Partridge seen the goods?" "Yes," he said—I told him I would go there and ask him—then he told me, "No, I did not find him at home"—then I asked him for the money for another stone he had had the day before he took a cheque from his pocket and handed me £8 10s.—he said, "You can see I did not want to rob you, if I did I could have lost this cheque as well"—I asked him what time he got the cheque; he said between 7 and 8 p.m.—it was from Mr. Mears—I said, "How could you have the cheque when you had lost the pocket-book before?"—he did not answer—I heard him talking with Krolik afterwards in the same room—I left them about eleven o'clock—I went to Scotland Yard—I never got my diamonds back—Krolik and I asked him, "Where have you been after you were with Mr. Abrahams about four o'clock?"—he said he had been in King Street, Regent Street, Long Acre, and a fourth place I do not remember—he said he went always in a cab—we asked him when he lost his pocket-book, and he said at five o'clock exactly—he did not notice it before five—he said after he had lost the pocket-book he went to the places where he had been to look after the pocket-book. Cross-examined. Krolik and I were together at the brother's house all the time we were talking to the prisoner—I heard them talking—the prisoner told me he had been to Mr. Abrahams; I did not hear him say with the diamonds, but I heard him speak about the seal—the prisoner told me at four o'clock he was at Mr. Abrahams' to break the seal from the same packet of diamonds—I do not remember exactly if he said four or half-past—I have said the prisoner told me, "I left Hatton Garden at half-past three, and went to Mr. Abrahams' office at half-past four; I went there to have the seal broken"—Spitzel did not go round with me the same day, he could not; I had seen him tie first time at ten o'clock—he did not say that day—that he wanted to go round with me to sell some goods—( Read from the deposition : "On Monday, 20th July, I saw the prisoner in Hatton Garden; the prisoner said he wished to go with me to sell some goods, and I went with him to various places")—it cannot be so; perhaps I said so, but I was asked what day of July; and I did not know the date exactly—I did not go with him that day to sell goods—I made a mistake as to the day. JAMES BURMBY ( Inspector E ). On Monday, 20th July, I was in charge of Bow Street Police-station from two to six p.m.—the prisoner did not come and report the loss of £3,500 worth of diamonds—I did not see him. HARRY TILSLEY ( Inspector E ). I was the inspector on duty at Bow Street Police-station on 20th July from six to ten p.m—no one came to report the loss of diamonds. Cross-examined. I was the officer in charge—any complaint made would be referred to the person on duty—if the person stating the loss said the matter had already been reported at another station, he would be referred to the inspector on duty—a policeman would not take upon himself the responsibility of saying that the matter having been reported at one station that was enough—a report at one station is sent to other stations. Re-examined . Reports are circulated by wire—they are subsequently printed for the information of the police—we keep an Occurrence Book—any inquiry would be entered for the purpose of investigation. JOHN KATZIN ( Recalled ).; This is the cheque the prisoner handed me in payment of the goods—I paid it into my bankers, and it was returned marked, "Orders not to pay"—I have never received the money. ( This cheque was on the London and County Banking Company for £8 10 s ., payable to Mr. Julius Spitzel, and teas signed A. Mills, and endorsed by Julius Spitzel and J. Katzin ). ADOLF WEIL . I am a member of the firm of Lindenbaum and Weil, diamond merchants, of Hatton Garden—Mr. Krolik got some of these diamonds from us—we first heard of the loss on the morning of the 21st, and I eventually went to Mr. Abrahams' office in Basinghall Street—I found Krolik, the prisoner, and Abrahams there—I said to Krolik in the prisoner's presence, "How could you be so foolish as to give such a large amount of goods to Spitzel?"—in my passion I struck Krolik; he made no reply before I did so; he hardly had time—I then asked the prisoner how it was he had lost them—he told me that at four o'clock in the afternoon he was at Mr. Abrahams' office, showing him some of these diamonds, and that from there he took a cab and went to King Street, Covent Garden, with the intention of showing these diamonds to Mr. Partridge; when he got there Mr. Partridge was not there, but his son was, and as his son did not buy any he left there; from there he went to Jones and Sons, of Long Acre—I asked him, "When you left Partridge, did you know you had these diamonds in your pocket? "—he said, "Oh yes, certainly, because I wanted to show them to Jones afterwards "; from there he went to Jones, and offered these goods to Mr. Harry Jones, and Mr. Harry Jones told him he was no buyer; from there he went to the Silversmiths' Company in Regent Street, but as it got too dark he did not go in to offer the goods—this was in July—from there he said he went to Oxford Street, and when he got to Tottenham Court Road he put his hand into the side of his pocket and he found that the pocket-book was missing—just as he was telling me this Mr. Lindenbaum came in—Mr. Abrahams was in and out of the office the whole time while the prisoner was telling me this—Abrahams said, "I sealed these goods yesterday," and he took out a brass seal to show me—I asked him if he had the envelope he sealed them in, and he went to the basket and said, "I suppose it is gone "—he rummaged about, but he did not seem to display any anxiety to find it, so he did not—Lindenbaum came in very excitedly, and said, "What is this about? "—I told him what the prisoner had told Mr. and he said, "What did you do after that, when you found the goods were missing?"—the prisoner said, "I went to Moor Lane Police-station to give notice "—Lindenbaum said, "It seems a very curious story, that if you lost them in the West-end you should go to the City to report the loss; it was rather strange you should not go first to the people you had gone to see, to see if you had left your pocket-book there"—the prisoner said, "Oh, yes; I did go back, and after that I went to Moor Lane "—Mr. Lindenbaum said, "I will go to Moor Lane, and this seems such an unlikely story I will see if I cannot get a warrant for your arrest," and left—I was left alone with the prisoner, and I was walking up and down the room for a little while; he was sitting; all at once he got up and wished to leave—I said, "You had much better wait here till Mr. Lindenbaum returns, and we will have this cleared up "—he said, "Don't you attempt to stop me; I have a right a go where I please"—I said, "Very well, I will follow you"—I followed him into the passage; he did not stop, and I had not got my hat, so I took him by the collar—he kicked up a bit of a row, and Mr. Abrahams came out and said, "This is my office; I don't want to have a row here"—I said, "If you will allow me to get my hat I will go "—he got my hat, and just as we got out Mr. Lindenbaum and Krolik returned from Moor Lane Police-station—they told me the inspector there had told them they must go to the district where the goods were given, to be able to get a warrant. Cross-examined. These were our goods—we did not quite hand these goods to Krolik on his stating that he thought he could find a customer for them; we generally give goods to brokers in the morning to find any customers they can—it was so in this case; but this was not quite in the ordinary course, because he was my brother-in-law—it is rather extraordinary to give goods out of hand to show to anybody, but it is the ordinary course of business to hand goods to Krolik for him to sell if he can, because he is my brother-in-law—I have heard Hoffmann and Company's name, I did not know them personally—I have never done business with them directly—I went to Abrahams office on the Tuesday morning, the first thing, because I met Louis Spitzel, and he told me they had gone there—I knew Louis Spitzel before that—when Abrahams said, "I sealed these two parcels yesterday, "I don't remember that I said anything particular—Krolik said nothing—I believe Abrahams went and looked for the envelope in the waste-paper basket—stone mer chants, when they have given a seal and a seal is broken, keep the envelopes, and some throw them away—Abrahams did not say how much he had offered for the diamonds—I do not think anyone did—Krolik did not in my presence, but he was there previously, and might have said it before—I cannot say if Krolik was able to reply to me when I struck him, because I was so excited at the time that I did not notice—he did not have time to reply, if he intended to do so—the question how he came to entrust the goods to Spitzel and the blow were almost at the same time; the question accompanied the blow really, although he was my brother-in-law—I don't think he was in the act of speaking, and had got one or some words out of his mouth before I struck him—I know he got no word nor part of any word out; I cannot say what his intention was—nothing was said in Abrahams' presence by me about a Mr. Smith having offered a seal for these diamonds; no other name was mentioned—Abrahams told me he had sealed the goods, and it passed out of my mind altogether—I did not communicate with Hoffmann and Co. at all. Re-examined . I asked £5 15s. for one parcel of these diamonds, and £5 10s. for the other—an offer of £5 from a person who really wished to buy was an offer within reason, but it was out of the way of business —it was hardly a price which a person would expect a diamond dealer to take. THOMAS HOOK ( City Sergeant 43). On 20th July I was in charge of Moor Lane Police-station—the prisoner came in at thirty-five minutes past five in the afternoon—he stood looking round the charge-room, and I said, "What can I do for you?"—he said, "I have lost a pocket-book"—I said, "Where?"—he said, "I don't know where, but I think in King Street"—I said, "King Street, Cheapside?"—he said, "No, King Street, Oxford Street"—I said, "Then why did not you go to the Police-station in that district, and report the loss there?"—he said, "I thought I might find it on my way back to Basinghall Street"—I said, "That was hardly probable this time of the day"—he said, "I know I had it in King Street, because I felt it in my pocket," touching his right side—I said, "What did it contain?"—he said, "Diamonds"—I said, "Then I will take the information"—I then took down the information he gave on a rough scrap of paper first—he gave his name and address as Julius Spitzel, 13, Alfred Street, Islington—he said it was a black leather pocket-book with the name of "Julius Spitzel, Anvers" written inside, and it contained a number of parcels of diamonds—he took a slip of paper from his waistcoat pocket, and gave me the weights of the respective parcels, and returned the paper to his waistcoat pocket—I said, "What is the value of these diamonds?"—he said, "I don't know; I shall have to go home and reckon them up"—I said, "About the value will be sufficient for me; cannot you give me some idea?"—he said, "About £3,000"—I said, "Your property?" he said, "Yes"—I said, "Who did you call on in Basinghall Street?"—he said "I don't know the name"—I said, "Do you know the number of the street?"—he said, "I cannot say"—I said, "Do you, wish me to understand that these are your own personal goods?" he nodded assent, and then took from the outside right-hand nip pocket of his coat a small gold casket, and unwrapped it (it was wrapped in paper and wool); the lid was set with diamonds—he showed it to me and said, "I was obliged to keep my hand on this pocket (meaning the pocket in which the casket was), so I could not pay particular attention to the pocket-book—I said, "How did you go from Basinghall Street to King Street, by cab or omnibus? "—he said, "By cab to Oxford Street"—I said, "Do you think you may have left it in the cab, if so you should have gone on to Bow Street at once, and reported it there"—he said, "I know I had it in the cab because I took it pat and counted them"—I said, "Then you have certainly lost a lot of time in coming here; I cannot understand if you saw them in the cab, and felt them in your pocket in King Street, why you came here "—he said, "I was so confused I don't know where I lost them; I will go to Bow Street at once"—I said, "You might call here on your way back, and let me know if you have heard anything of them; say that you have reported the loss at this station "—he said, "I will," and left the station—I went off duty at eleven o'clock that night; he had not come back by eleven—I next saw him between nine and ten next morning, when he called at the station accompanied by Krolik—he stood for some few seconds, neither of them spoke, so I said to the prisoner, "Good morning; I suppose you have come to inquire about that loss of yours last night?"—he said, "Yes"—I said, "I have not heard anything of them"— Krolik then half turned away from the desk; the prisoner leaned forward and said, "It was Mr. Abrahams I called on in Basinghall Street last night"—I was sitting at a double desk, about four feet from the prisoner, and he leaned over the part that was away from me when he said that—Krolik was close to the prisoner; they were standing side by side, both leaning over the desk when I first made the inquiry—Krolik half turned away when I said I had not heard anything of the diamonds. Cross-examined. I have no note of this conversation—I said if he thought he had left them in the cab he should have gone to Bow Street, because that would be the nearest police-station to Oxford Street—I am not well acquainted with the police-stations near there—I said Bow Street, because he said he had felt them in his pocket in King Street; when he first came in he said he thought he had lost them in King Street, and knowing Bow Street was the police-station in the Covent Garden district, I thought he meant King Street, Covent Garden—I asked him what King Street, and he said Oxford Street, but I understood Covent Garden, because I knew King Street was near Covent Garden—I said if he had left them in the cab he ought to have gone to Bow Street, because I thought he would get out of the cab at the nearest point to King Street, Covent Garden—I told him if he went to Bow Street to say that he had given information of the loss at my station—immediately he had left, at ten minutes to five, I sent it on by wire to our chief office, and they circulated it—they would receive it at 26, Old Jewry, directly after he left my station—it would be wired on. in the ordinary course from there to Leman Street, and then to Scotland Yard, and it would be circulated from Scotland Yard. By the JURY . The prisoner was not at all excited when he came in to report his loss; he was quite calm; at times he seemed to appear to work himself up into a slight state of excitement. Witnesses for the Defence. ISAAC ABRAHAMS . I carry on business at 64, Basinghall Street, as a merchant and exporter, dealing in every class of merchandise—on 20th July the prisoner called—I had known him three or four months as a diamond broker—on the previous Saturday, when he was showing me a diamond snuff-box, I had told him I wanted to buy a parcel of melee and a small parcel of bywaters—on the Monday, between eleven and twelve, he brought me two parcels one was over 100 and the other a little under 100, about 200 carats altogether—he asked £5 15s. for them—I told him the price would not suit—he told me to make him an offer, and I gave him a seal for £5—I told him I only bought for prompt cash, as I always have done since I have been in London—I took., an envelope out of my drawer, and gummed and wetted it, and sealed it up, and as I was taking out of my drawer the seal with the firm's name, J. H. and Co., on it a friend of mine in the office said to me, "Is that the way they do the business in London?"—I said, "What do you mean?"—he said, "I will show you how we do the business in the Cape; thousands and millions pounds' worth of diamonds go through our firm," and he took the pen and wrote "I. A., £5," and crossed it—he is an intimate friend of mine, who is always in my office; he is Mr. Benjamin Weil—the prisoner went away with that envelope and with the diamonds in it—I stuck it down myself, and I was going to take the seal out of my drawer to seal it; but it was through my friend I did not put the seal "J.H. and Co." on it—it had been my habit to seal with sealing-wax before that—I gave a seal on the Saturday with sealing-wax, and the stamp with the firm's initials, "J. H and Co. "when he brought me the diamond box—on the Monday before he left he showed me some by waters, and asked £8 per carat—I said it would not suit; I said £5 10s. or £6—he asked me to give him a seal for them; I said I would not give him any more seals; I had made two offers, and I would not be bothered to give any more seals—the prisoner returned on the Monday after lunch, between three and four, as far as my memory serves me, bringing the sealed envelop back in the same state that I gave it to him in—he said "They will not accept it; if you will give five shillings more I believe I could get them for you "—I said that was my price, as I was buying for prompt cash—I then broke the seal, tore the top of the envelope right off—he put the diamonds into his pocket-book, and put it into the inner breast-pocket of his coat; he had no overcoat on—that was done before four people besides myself—I don't know what became of that particular envelope; in the ordinary course it would be among the waste paper; I tried to find it on the morning afterwards; I could not—I set my man looking among the waste paper—I think on that particular day the dustman called for the paper—I saw nothing more of the prisoner on that Monday after he left my office about four or a little after—there is not the slightest truth in the suggestion that the prisoner left the diamonds with me; they were taken out of my office, and I can name three people in the City that saw them taken away; one is in Australia now—on the next morning, Tuesday, 21st, the prisoner and Krolik came to my office; I had not been there ten minutes, and was looking over my correspondence, and my office door was ajar, when they knocked and came in—I said, "What is it?"—the prisoner said, "I have brought Mr. Krolik down here to prove that I submitted to you a parcel of melee diamonds yesterday, and that you gave me a seal of £5 for the same"—Krolik asked me particularly what time he offered me the first parcel of diamonds; I told him between eleven and twelve; he asked me what time he showed me the other parcel of diamonds; I told him between three and four—he asked me what time he left my office; I told him I verily believed after four o'clock—Krolik asked me if I gave him a sealed envelope, and whether it was with sealing-wax—I said, "No; the envelope I gave him was an ordinary common envelope, and written across was 'I. A.,' and the price, and crosses all over the envelope"—I took an envelope, a duplicate of the one I gave the seal in out of the drawer, and showed him the class of envelope it was—I took the seal out of the drawer, and told him I sealed the diamond snuff-box on Saturday with that seal—nothing had been said or done about locking the door at that time; the door was open—there is no truth in the statement that directly they came into the office I said to my clerk, "Leave us alone," and locked the door; the door was never locked at any time—as this conversation went on Mr. Weil rushed in in a very excited state, without asking to come in; he had never been in my office before—he said, "Excuse me, Mr. Abrahams, for taking the liberty of doing what I have done"—I said, "All right; what is the matter?"—he told me the goods that he had lost belonged to their firm, and he asked me the same question as Krolik had done as to what time the prisoner had showed this parcel of goods to me, and what time he left my office, and I told him—for a few seconds he did not speak, and then he said to Krolik, "Did not you tell me yesterday that Spitzel (the prisoner) told you he had an offer from Mr. Smith?"—Krolik said, "No, Mr. Abrahams"—and he had hardly got the words out of his mouth when Weil put his hand over his mouth, and then he asked him the question again, and then would not let Krolik speak, and knocked his hat off, and nearly knocked him through my glass case—I said, "If Mr. Weil does not want you to speak, don't speak"—Mr. Weil called him a b----fool—just after that in rushed Mr. Lindenbaum and some other people, so that there were five people in my office—Weil passed a remark, saying he knew they were both swindlers, men tioning Louis Spitzel's name, and saying he would lag the pair of them—throughout the interview there was not a syllable said by either of them about Hoffman and Co., and the prisoner representing that he had got a seal from Hoffman and Co.—I told Mr. Weil not to be too rash (he was very excited), and not to take a warrant out for Mr. Louis Spitzel, or he might be sorry afterwards. Cross-examined. I had a partner up to four or five months ago—I am a buyer now for the firm of J. Hermann and Co., of 16, Barrack Street, Sydney, and 64, Basinghall Street, which is my place of business—there is no one there except me of the firm of J. Hermann and Co.—I did not buy any of these diamonds—I proposed to buy them for J. Hermann; that was byword of mouth; Hermann himself was in London at the. time; he was one of the men who saw the seal—he is now in Sydney—I have no document to show I had an order for diamonds for anyone; I never got orders for anything I buy; I buy whatever I think proper, and pay for it—I keep books—the Alliance Bank is my private bank now—the Bank of Australia was our bank—when Spitzel came to me I banked at the Alliance; I have not got my book for that or any other bank here; I can get it in ten minutes; I don't carry my bank-book with me—I Knew for what I was coming here; I have nothing to exonerate myself about—I think I first became acquainted with Spitzel four or five months ago—I have known his brother Louis ten or twelve years—when Mr. Weil spoke of two swindlers he alluded to Louis and the prisoner; he mentioned Louis's name; I don't know why—I was not in Melbourne with Louis, nor at the Cape—I came over in the same ship with him from Sydney, where I knew him—I often had business with him there—I did not hear he was connected with a diamond robbery in Antwerp. ( MR. AVORY objected to the witness being asked questions as to the credit of Louis Spitzel The RECORDER said that as the can for the prosecution showed a con nection between the two brothers, even in relation to this matter, he must over-rule the objection )—Louis Spitzel is outside—I have been standing along side him to-day; I have not talked with him about the case—I was talking to him yesterday—I have not been doing business with him for the last three or four months, because I have no business to do with him; I buy of him, I do not sell to him—I have not bought diamonds worth £2,000 since I have been in England—I hive bought £500 or £600 worth in England—I have documents showing I bought £500 worth of diamonds—I would have brought my cheque-book if you had asked me, you knew I was coming—I think it was between one and two on the Saturday that I saw the prisoner—I told him I could do with, a parcel of melées, from 100 to 150 carats—I did not give him the price, nor any written memorandum of what I wanted; it is not usual—I did not tell him for whom I wanted them—I wanted them for our firm of J. Hermann and Co.—that firm consists of Mr. J. Hermann and Mr. Abraham Hermann, of 16, Barrack Street, Sydney—the firm does not exist in England, and they are not here; I do all their business in London, and always have done since I have been here—I next saw the prisoner on the Monday, between eleven and twelve, when ho showed me two parcels of melees, one of 100 and odd carats and some under 100—I found out the exact weight when I made the seal—I made no memo randum—my friend Mr. "Weil wrote the £5 on it in figures, I did not—he is another Mr. Weil, not connected with the other one—he wrote "J. A," not "Co."—he did not write H. and Co., be cause I had to pay the money; I did enter it in my books to Hermann and Co.; I did not do so because I did not buy the goods—I put the seal "J. H. and Co." on the snuff-box, and did not write on that—I should have put the seal on the parcel only for Mr. Weil—"J. H. and Co." means J. Hermann and Co.—I sealed the snuffbox with their seal on Saturday, and I should have done the same on the Monday, only my friend interfered, saying, "Is that the way they do business in England?"—I was the buyer—that was put on the parcel, and the prisoner went away with it—when he went away he may have shown me two other parcels; I won't swear he did; he showed me some—they were mixed bywater—I gave him an order for bywaters in the morning between eleven and twelve—I did not give that order at the same time as the others, because the others were of most consequence—he came again between three and four, and showed me some bywaters, and I think another parcel of diamonds—I think the bywater was a parcel of 70 or 80 carat—I made no offer; the price they quoted did not suit me; he asked £8; I said £5 or £6—I broke the seal of the melees—I never sealed the bywaters—I had them in my hand—I handed them back to the prisoner, who wrapped them up and put them in his pocket-book, which he put in his side pocket—I did not see him fasten his pocket—when he put them in his pocket Louis Spitzel, Jacob Hermann, the member of the firm, Mr. Arberger, of Holborn, who I do not think is here, and Mr. Weil, who is not here, were present—Louis Spitzel is here—they could all see him put them into his pocket—Krolik, the prisoner, and Louis came back on the Tuesday—I will pledge my oath I did not have the door locked—nobody was present when Krolik and the prisoner came in on the Tuesday; others came in afterwards—when Weil put his hand on Krolik it was not a blow; it was to stop his mouth, because he said what he did not want him to say—he asked him if it was not Smith, and he said he had the offer from Abrahams; I don't know why he did not want him to say it—as he got the word Abrahams out of his mouth Weil put his hand over his mouth—he did not strike him in anger—I suppose he wanted him to say somebody else—I am telling the truth. Re-examined . The firm of Hermann is never over here; Mr. Jacob Hermann was in London in July, but they attend the business in Sydney—when I buy things in my own name I buy and export them to Sydney at times—I knew about this case at the Police-court, and knew it was coming on—until this case was opened yesterday I never knew it had been suggested by anybody that I had really taken these diamonds; I have got too good a position in London—nothing had been suggested at the Police-court, as far as I know; two detectives came to my office once, and I asked them how they dared come to my place—I had told Linden baum and Weil ail about it, and they were very wild that Lindenbaum and Weil did not tell them they knew anything about it—nobody gave me notice to bring my bank-book here; I can do so in ten minutes if it is required—I knew Louis Spitzel as a diamond broker—he often came out to the colonies from London—I had done business with him—on Monday, 20th July, he did not come with the prisoner or any of these other people—he came alone; he is often in my office—I have known him many years—Mr. Arberger was there on different business altogether; he is a watch merchant; he had nothing to do with these diamonds. TONY SPITZEL . I am the wife of Louis Spitzel, of 32, Adolphus Road, Finsbury Park—on 30th July I remember Mr. Krolik coming to our house and asking for Julius Spitzel; he was not there—I told Mr. Krolik so; he came again later in the evening, about half-past six, and found Julius there—my husband was not at home then; Mr. Krolik said that my brother-in-law had lost diamonds for him—I called him into my drawing-room, and he told me he was sorry he did not take Mr. Linden baum's advice, and break the seal, that Mr. Julius Spitzel offered ft seal from Mr. Abrahams, but did not like to break the seal. Cross-examined. It was between half-past six and seven that this conversation took place—my husband came home about half-past eleven or a quarter to twelve, after Mr. Krolik had left—Krolik remained there for some time with my brother-in-law—when he first came and asked if my husband was at home, I did not call out "Yes" from upstairs; I said, "No "—I was in my bedroom putting my baby to bed—I heard no conversation between them. LOUIS SPITZEL . I live at 32, Adolphus Road, Finsbury Park—I am a diamond merchant—the prisoner is my brother—I have sometimes done business with Mr. Abrahams—I was there on Monday, 20th July, when he gave a seal—the envelope was not sealed, it was rather a peculiar envelope, not white, a brownish paper, it was fastened simply with the gum; it had a few pen-strokes across it, and "J. A." written—my brother went away—I was not at home at nine o'clock when my brother and Mr. Krolik met there—I got home about a quarter to twelve—my wife told me of this loss—on the following day I met Mr. Weil at the office, 21, Hatton Garden—I gave him Mr. Abrahams' address, and sent him there, and he said, "He is the one that gave your brother a seal for diamonds "—I then said, Mr. Abrahams lives at 24, Basinghall Street"—and he said, "Now we have got him". Cross-examined. I did not write the figures across the paper—a gentleman named Weil did; he has an office in Basinghall Street—I am at Mr. Abrahams' every day—sometimes I do business through Mr. Abrahams—I have sold diamonds through him to a gentleman in the City; I would rather not tell his name—I knew Mr. Abrahams in Australia; I was always friendly with him—I had no business relations with him in Australia—to my know ledge the Post master-General did not stop a letter addressed to me con taining £1,000 worth of diamonds—the diamonds did not come into my possession—I have a brother named Adolphus—he did not run away with some diamonds that were stolen from Antwerp—there is a warrant out against Adolphus, because Lindenbaum and other people swore falsely against him, and they were only too pleased to withdraw the warrant—I should be surprised to hear that the officer is in Court with the warrant, because I have seen a letter from the Belgian Government saying that they were too pleased to withdraw the warrant—I don't know whether the warrant was issued; it was not for stealing diamonds, it was for bankruptcy—no robbery was suggested at all; it was only bankruptcy—I don't know whether there were two charges, stealing diamonds and fraudulent bankruptcy—I don't know whether ho was bankrupt—Mr. Lindenbaum came to me and asked me to try and arrange it for him—Adolphus is now in America, in Nassau Street, New York—he is a diamond merchant there—the Postmaster-General has got the diamonds, £2,000 worth; he does not decline to give them up, he awaits my letter—I left Sydney in April, 1890—I did not offer to give them up, because I loft my brother in charge; the diamonds remain there up to the present moment—I have not got them; Adolph did not ask for them—I don't know whether they were ever paid for; I think most of them were paid for; I have sent £2,000 through the Union Bank to Adolphus—I did not give a bill for some of the diamonds and dishonour it—I did give a bill in January, 1890; I was acting as Adolphus's agent, in endeavouring to carry out an arrangement with a Mr. Walk and others, creditors of my brothers—I gave a bill to one of those persons, and I dishonoured it; it was sealed, and the man tells me he will not open the envelope till the diamonds are returned, and he says if they don't come back in ten years he will not open it—I have not got the diamonds, and I did not write for them. Re-examined . Mr. Walk has sent me a writ—I have got leave to de fend the action—ho has to pay money into Court as security; he has not done it—it is since Adolph has got into trouble that this action has been brought against me—Adolph has not been in this country doing business since April, 1890—the prisoner has been here before that he was a pretty big broker, and he used to sell a lot of goods to Mr. Linden baum Weil. LUCY BURTON . I live in Danbury Street—I was in Court yesterday when Krolik gave evidence—it is not true that on the 20th July he came to my house and sat up in a chair watching out of the window—he slept with me that night. Crow examined. I am a prostitute—I have never consorted with the prisoner—I have never slept with him; he has never given me money—I have known him through a lady friend of mine—he had nothing to do with me. Re-examined. The prisoner came to see my friend; the prisoner spent the night of 20th July with her, and Krolik with me. JOHN KATKIN ( Re-examined. ) I first heard of the loss of the pocketbook on 30th July, about a quarter after six—I heard of it from Gottenburg and Spitzel together—I did not hear of it before from Krolik; he came afterwards into Hatton Garden, and we told him that Spitzel had lost his pocket-book, and ho was like a dead man when he heard it—that was the first time he know anything about it. GUILTY .— Judgment respited. 700. BERNARD DALEY PLEADED GUILTY ** to stealing a watch from the person of James Byles Davis , having been convicted at this Court in April, 1889 .—Fifteen Months' Hard Labour. 701. GEORGE CEDEN BERG (43) , to a common assault on Maud Gregory . — [Pleaded guilty. See original trial image.] To enter into recog nizances in £30 to come up for judgment if called upon. And (702) JOHN JOSEPH (17) , to unlawfully obtaining £5 5s. by false pretences from John Hollington and others — Recommended to mercy by the prosecutors, who promised to employ him again. [Pleaded guilty. See original trial image.] To enter into recognizances in £20 to come up for judgment if called upon. 703. MARY PULBROOK (36) , Stealing a watch and chain, the property of Tom Maxwell . MR. PUECELL Prosecuted. TOM MAXWELL . I was staying at 1, Bentinck Road, Hillingdon—on August 17th, at ten a.m., I saw my watch and chain safe in a little plate on the toilet table in my room—I missed them about seven p.m.—the prisoner occupied the next room to me as a lodger—this is my watch; it has my name in it. ANN PETER . I am landlady of this house—the prisoner had lodged there three days—on 17th August she took the room for a week—she came down to breakfast that day, and between 11.30 and 12 o'clock I saw her coming out of Mr. Maxwell's room—I told her it was Mr. Maxwell's room, and she made some remark about the electric bell; I do not know what she said—she went out about 12.30, and said the was going to Ealing to fetch her box—she never came back; she only had a brown paper parcel when she came—the rooms were on the first floor—Mr. Maxwell complained of his loss in the evening. HERBERT CLARK . I am assistant to Cox and Bourne, pawnbrokers, of Ealing—I produce a watch pawned on 17th August about four p.m. for seven shillings by a woman in the name of Jane Maxwell—I do not recognise the prisoner—I produce the ticket. WALTER LAWLER . I am assistant to Mr. Sutton, a pawnbroker, of Victoria Street, "Westminster—I produce a silver watch chain pawned on 17th August for six shillings by a woman I cannot recognise, in the name of Mrs. Stewart, 18, Sloane Street—I do not know the time. THOMAS THOMAS ( Police Sergeant X 31). In consequence of information I made inquiries, and on 29th August, about a quarter to ten p.m., I met the prisoner at the Elephant and Castle, Old Kent Road, and said, "You will be charged with stealing a watch and chain from 1, Bentinck Place, on August 17th"—she made no reply—I took her to Ealing by train, and shortly before getting there she rushed to the door and tried to get out, but I restrained her—the train was not going very fast, but an express train was meeting us on the side where she got the door open—after she was committed for trial I received a packet at the lost property office, where pro perty left in cabs and omnibuses is taken; it con tained thirty-four pawntickets and several letters, two of which are addressed to the prisoner's name and one to the address she gave me when she was charged—among the pawntickets are the tickets relating to this watch and chain—I served notice on her of what I had ascertained. HERBERT CLARK ( Re-examined ). This is the ticket I gave the customer. WALTER LAWLER ( Re-examined ). This is the ticket I gave the customer. Prisoner's Defence. The landlady took me into the room and showed me the room, and said, "This is a nice room." I was not in the house after a quarter to eleven. ANN PETER ( Re-examined ), I did not take her into Mr. Maxwell's room; it was between eleven and twelve when I saw her come out—breakfast was about eight o'clock. GUILTY — She then PLEADED GUILTY to a conviction at Sunbury on Sep tember 10th, 1883.— Nine Months' Hard Labour. 704. KATE SULLIVAN (18) , Feloniously forging and uttering an order for the payment of £3 10s., with intent to defraud. MR. FARRANT Prosecuted. HARRY COLLINGWOOD SELBY . I am a medical student, and live at 7, Portland Road, Notting Hill, Mrs. Gorringe's house—the prisoner was a servant there—I usually kept my cheque-book in my portmanteau, but at this time it was in a drawer, not locked—I got my pass-book from the bank, and discovered that this cheque had been drawn; I then looked at my cheque-book, and found five blank cheques had been taken out—this cheque was not drawn by me. ( The cheque teas dated July 25 th, 1891, on the London and County Banking Company, for £3 10s. in favour of Miss Gorringe. Signed H. Collingwood Selby. Endorsed Maud Gorringe", which was crossed out, and " Maud Gorringe " signed again, and again crossed out, and then " Maud Gorringe," and then "Miss Gorringe," Stamped "London and South-Western Bank." )—that form is out of my book cheques K4127, K4141, K4143, and K4150 are gone, and the counter foils also. JOHN CARRICK PURSER . I am a baker, of 128, High Street, Notting Hill—on, I think, 29th July the prisoner came to my shop to change this cheque ( produced ) —it was not endorsed, and I would not cash it—my young woman handed it back to the prisoner—she is not here—it was Drought again in the evening, and I took it to the counter and saw the prisoner there—I said, "This must be signed by Miss Gorringe "—she took it away and brought it back signed, "Mist Maud Gorringe"—I told her that that would not do, nobody could sign that—I could not change it that night; it was then near eight o'clock, the time for shutting up, and she must come in the morning; she did so, and brought it back with the "Miss" scratched out; I told her that would not do, and she brought it back, signed "Maud Gorringe" only, and I gave her the £3 10s.—I paid it into my bank, and it was cashed. MARIA HARRIETT GORRINGE . I live at 7, Portland Road, Notting Hill—Mr. Selby is my lodger—the prisoner has been my servant three months and a week—she left in July, a week before Bank Holiday—none of the endorsements on this cheque are my writing; I do not know the writing. JAMES BROWN ( Detective X ). I went in search of the prisoner and found her at 65, "Oxbridge Road, on August 12th—I asked her to write down the name of her former mistress, who lived in Portland Road—she wrote this "Miss Gorringe, Portland Road"—I then showed her the cheque, and said, "How do you account for it?"—she said, "I don't know anything about it; how should I? Besides, I should not know how to make it out "—I said, "I shall take you in custody for forging and uttering the cheque, and also for stealing four other cheques "—on the way to the station she said, "I found the cheque, and made it out myself, and I cashed it at Mr. Thompson's, the baker, at Notting Hill Gate "—when the charge was read over to her she made no reply; Mr. Purser trades in the name of Thompson. GUILTY .— Six Months' Hard Labour 705. WALTER HENRY HART (29) and WILLIAM JERVIS (30) PLEADED GUILTY to conspiracy to obtain money by false pretences from various persons. Nine Months' Hard Labour. 706. WILLIAM NOBBS (20) , Stealing sixpence of James George Andrews , his master. MR. LAWLESS Prosecuted, and MR. PURCELL Defended. WILLIAM THOMAS WADE . I am manager to James George Andrews, licensed victualler, 154, Fleet Street; the house is known as the Portugal—the prisoner was in the employment as a barman for five weeks—I had occasion to suspect him, and watched him—on Saturday, 22nd August, about six in the evening, some persons came to the bar, after the prisoner had come down from his tea—about a quarter to six I left the bar for the purpose of watching him—I went out, as he thought to go into the billiard-room, but I turned into the private bar; from there I had a dis tinct view of the till, but I did not see where the prisoner was standing at the time; he was serving—he served three drinks, which came to nine-pence—I could not see the amount of the coin that was handed to him; he went to the change-rack for change—I saw him drop one sixpence through the till—he ought to have dropped either a shilling or two six pences—he put one coin through, took some coppers from the rack, and went towards the customer; I walked behind him, and heard him put the change on the counter—our till has four separate slots; there is a bell to each slot except the shilling slot; that was broken, and did not ring—each bell has a different sound—I saw the prisoner put one sixpence through, because the bell rang once—when he put the change on the counter I rushed from where I was and went behind the bar; the prisoner was standing behind the bar, with one hand flat on the counter, and his Tight hand with two fingers on the counter and the other two fingers doubled under—he turned round, and saw me stooping down behind him, watching—there was a water-jug on the counter; he picked it up, went with it to the tap, and dropped a coin from one hand to the other; he then returned to the counter, put the water-jug on the counter, and turned to go—I said, "What have you in your hand?"—I opened his hand and said, "It is the sixpence you should have put in the till"—I sent for a constable and sent the prisoner upstairs, and said I would have the constable waiting for him—he made no answer—I gave the constable the sixpence, and said I should charge the prisoner with steal ing it. Cross-examined. He made no answer at the station—I said to him, "If you will confess I won't charge you;" he said, "I won't confess "—I said before the Magistrate, "Knowing he should have put two sixpences in the till I stepped round the bar "—I knew he should have put two sixpences or one shilling in the till by the drinks coining to ninepence—there was a bit of a dispute at the station as to the coin which had been given him—he said it was two shillings; I said, "I cannot contradict you, because I did not actually see the coin "—if two sixpences had been given he would not have had to go to the change-rack—I could not see what he took from the rack, because it was hidden from my view—I did not speak to the customers, they had gone—I had been away for ten days before this—the takings rise and fall at times—the place where the prisoner took the jug to get the water is five steps lower down than the bar—I did not hear the customer ask for water; he might have done so—the prisoner said at the police-station that I had not given him time to put the sixpence in the till—I am certain the change was placed on the counter before the prisoner went for the water—I caught him with the sixpence in his left hand. Re-examined . The sixpenny slot would not admit a shilling—the takings went down while the prisoner was there, and the first week after he left it went up to the usual average. FREDERICK KITSON ( City Policeman 461). I was called to the Portugal, and took the prisoner into custody—in answer to the charge he said, "It is false"—he was searched at the station, and two sixpences and sixpence halfpenny in bronze were found on him; he denied the charge there—the prosecutor said if he liked to acknowledge it he would not press the charge against him—he said he would not. Cross-examined. He said, "The manager took the sixpence out of my hand before I had time to put it in the till"—before the Magistrate he insisted on being sent for trial—he was admitted to bail. NOT GUILTY . 707. MICHAEL O'MARA (60) , Feloniously causing a false entry to be made in the register of deaths. MESSRS. C.F. GILL and MUIR Prosecuted. FREDERICK JERGENS . I am an agent for the Prudential Insurance Company, at Holborn Bars—in February last I met the prisoner; I knew him previously, he was a general agent and canvasser—he asked me what I had been doing—I said, "I have been after some business"—he stopped with me a little while—he said, "Have you got any policies going to be lapsed?"—I said, "No "—he said, "If you have any let me know "—the next time I saw him he said, "If you have any policies going to be lapsed I can get a certificate of death, and we will send it up as a claim to the insurance company "—I said, "I will have nothing to do with it; it is rather a risky game "—he said, "You won't run any risk, you won't see any one in the matter; I get you the certificate of death, and all you have to do is to send the claim up to the office "—he also said, "Don't be foolish; if we get a small claim from your office then we can insure a genuine account in seven or eight different offices at, say, threepence a week, and afterwards I can get a certificate of death, and we can draw about £200 from different assurance companies"—ho said an agent at Stratford bought some villas, which he could not do out of his salary—I said I would consider his proposal—I communicated with the chief office and the police—afterwards I met the prisoner by appointment on July 15th—I then gave the prisoner this policy on the life of Daisy Emily Lumley—it had not lapsed; another policy had been issued in substitution for it; it was not a valid policy—I told the prisoner it was going to lapse—I gave him the blank claim form—he took it away—he said the other man would have nothing to do with it, he would not trust me, he was afraid I would split—he said the doctor who made the certificate of death ought to receive 15 per cent, out of the claim, and the rest would be divided between him and me—he said the doctor would not be seen in it at all—on 17th July I saw him again; he watched for me and waited at the corner of the square—when I came home he produced this certificate from his stocking. ( This purported to be a certificate of the death of Daisy Emily Lumley on 15 th July, 1891, at 37, Gravel Lane, Houndsditch, certified by F. Scott, M. R. C. S., the informant of death being D. Lumley, father-in-law of the deceased )—I agreed to meet him nest day, the 18th—he asked me to send in the claim the same night; he left the certificate with me—I again communicated with the police, and on 20th July I went with the inspector in plain clothes to the White Hart public-house in Leman Street, Whitechapel, where I saw the prisoner, and he was taken in charge—on the Saturday night, the 18th, he asked me, "Have you got the money?"—I said, "The postman Las not come, and I could not wait any longer, so I expect I shall have it on Monday morning." Cross-examined by the Prisoner. When I met you I did not tell you I was going to pay a claim—I did pay a claim that day—I did not ask you to go with me, because I did not like your company—we went into two public-houses—I wanted to get rid of you—you spoke to a man named Samuel White—I did not conceal his name—I did not mention the name before the Magistrate—I acted under the advice of the inspector, in case he was wanted—I last saw him on 8th July, when he was in your company—I did not appoint to meet you and White on the 15th; I simply said, "Meet me on Wednesday"—we did not come together. WILLIAM BICKNELL . I am registrar of births, deaths, and marriages of St. Botolph, City—my office is at 43, Bishopsgate Without—on 17th July the prisoner came there to register a death—I asked the usual questions—I said, "Are you a relative?"—he said, "Yes"—I said, "Where you present at the death?"—he said, "Yes"—he gave me this certificate—I then made the entry—I asked the name of the person informing, he said, "G. Lumley," he described himself as the father-in-law; I thereupon made out the certificate of burial—he said he wanted a copy of the entry for the insurance company—I asked him which one he produced a card of the Liverpool and Victoria—I gave him a certificate, he signed this application for it. Cross-examined. At times a certificate is asked for not by a relative. DAISY EMILY LUMLEY . I was formerly Daisy Emily Morpeth—I have changed my name for family reasons—I took out a fresh policy in the name of Lumley—I do not know the prisoner—I never lived at 37, Gravel Lane, or died there. Cross-examined. I don't know anything about the policy, my mother conducted the insurance. JOHN WILLIAM LYNCH . I am a surgeon, of 372, Commercial Road, Mile End—there is no medical man named Scott there—I had nothing to do with giving this death certificate. ANN WILLIAMS . I am married—I live at 37, Gravel Lane, and have done so about five months—I know the prisoner as a customer—he never lived at that address, and had no right to use it—no person named Lumley ever lived there. EDMUND READ ( Inspector H ). I have had charge of this case—I was in communication with the witness Jergens, and knew what was taking place with reference to the prisoner—on 20th July I went to a public house in Leman Street, and saw the prisoner—I told him I should take him into custody for forging this declaration and certificate, and en deavouring to obtain money—he immediately came out—I took him to the station, and I found on him a pocket-book which contained entries of his appointments with Jergens—the charge was read over to him at the station; he made no answer to it. The prisoner in his defence stated that the proposition to commit the fraud tame from Jergens, and that he declined to have anything to do with it—that Jergens had also made the same proposition to Samuel White, who he desired to tall, but he did not appear. GUILTY He then PLEADED GUILTY to a previous conviction of fraud at this Court on 16 th September, 1889— Five Years' Penal Servitude. 708. JOHN McCARTHY (26) , Burglary in the dwelling-house of Morris Woolf , with intent to commit felony therein. MR. LAWLESS Prosecuted. MORRIS WOOLF . I live at 40, Latimer Street, Mile End-at a quarter to four a.m. on 20th August I was awakened by a police constable, by whom I saw the prisoner being taken out through my window without any boots on—the window looks on to the street—the night before I had bolted the door, the window was closed, and there is a wire blind which is screwed in on each side—I missed nothing. CHARLES CIDER ( H 293). At twenty minutes to four a.m. on 20th August I was passing Latimer Road, and I observed the window was open—I looked through the window and saw the prisoner lying between the sofa and the table-his boots were on the sofa—I twice asked what he was doing there; he made no answer—I pulled him up; he said nothing then—he did not appear sleepy or drunk—I pulled him through the window—I asked him what he was doing there; he said he thought the house was empty; he went to have a sleep—I searched him at the station and found these articles ( produced ) on him—none of them has been clamied by anyone—he said he had been nine years in the Irish Con stabury. The prisoner's statement before the Magistrate: I was drunk." CHARLES CIDER ( Re-examined ). No doubt he had been drunk the night before, but he was sober at the time. NOT GUILTY . 709. ARTHUR EDWARDS (25) Stealing £35, the moneys of James Murray Dewey . MR. BOND Prosecuted, and MR. LAWLESS Defended. JAMES MURRAY DEWEY . I am a merchant, I lived at 31, Harrington Square—on Wednesday 12th August, I was at Kempton Park Races—I left the races about five, prior to the last race—when I arrived at the railway platform there were a number of people there, but it was not very crowded for a race day—I wished to get a fairly empty carriage, and walked up the train looking for one—I saw a carriage fairly empty and tried to enter it, a man's arm across the doorway prevented; I still tried to enter, and expostulated with the man for barring the door—he held up his hand and pretended to call someone by the name of Bill , saying there was a party of them—I was surrounded by a crowd, and was not able to move; I felt a hand in my right-hand trousers pocket—I broke backwards through the persons, and then I observed several Bank of England notes fluttering about, which I supposed I had knocked out of the man's hand when pushing through—some of the notes went under the train—three or four people, among them the prisoner, sprang from the platform under the train and picked them up—I saw the prisoner coming up on to the platform again with bank notes in his right hand—I was about two feet off him—I demanded them, as they were mine—the prisoner said something, I don't know what; he tried to bluff me—I then accused him of having picked my pocket—I caught him by the left arm and held his sleeve; there was no attempt on his part to break away; there was no struggle—I did not understand what he said when I demanded the notes—a man came up on the opposite side of the prisoner—he overheard me say to the prisoner that he had picked my pocket—he stopped for perhaps fifteen seconds on the prisoner's right side—he pushed his face round in front of me and told me I was a b-liar—I had not addressed that man; he passed down the platform—I saw nothing besides the notes in the prisoner's hands—I called for a policeman, and gave the prisoner into custody—I accompanied him to the police-station—I did not know how much money was on me when I was leaving the racecourse—I ascer tained at the police-station how much I had—I calculated how much I had when I left the course, and I found notes to the amount of £35 were missing—I could not tell the numbers nor the denomination of the notes. Cross-examined. I did not know how many I had when I left the course, because I had made no mental calculation—I had betted on several races, and I had won close on £800—I counted the money before putting it into my pocket when the bookmakers gave it to me—some of the notes were for £100, others for £50, £20, £10, and £5—I don't know what kind of notes I lost—I calculated at the police-station what I ought to have had, and so I calculated what I had lost—there were a consider able number of people on the platform all looking for carriages—I do not go to races very often; I had attended several meetings—I did not notice the faces of the people who surrounded me—the tram was drawn up at the platform—two or three, or possibly four, people jumped down between the carriages—I noticed the prisoner when he jumped on to the line, and when he came up I took hold of him; he was holding the notes then, I saw them in his hand—I caught hold of his left arm—I never let him go till the police constable came—I did not see him pass the notes to anybody—I don't know where his opera glasses were; I did not notice a pair in his hand—if the deposition says that I stated, "I noticed the prisoner had field glasses in his possession, but whether they were slung or in his hand I cannot say," I must have said it; I don't recollect saying so; but my recollection was fresher then—I do not know that he had his glasses in his left hand—holding him by the left arm I would have noticed if they were—I was a little excited perhaps—the train did not move off while I was there—it was perhaps one and a half or two minutes before the constable came up—I told him that the man had picked my pocket, to the best of my recollection—I don't recollect faying anything to the constable about the prisoner having notes in his right-hand trousers pocket—I do not know what the prisoner said—to the best of my recollection I said to the prisoner at the railway station when I seized him, "Give me back the notes you have in your hand, as they are mine "—he denied the charge. Re-examined . The man who barred my passage stood on the step, and barred it with his arm—he made no attempt to enter the train himself. CHARLES WILLIAM ADAMS ( London and South-Western Railway Company's Constable ). On "Wednesday, 12th August, about half-past five, I was on duty at the departure platform, Sunbury, when I heard someone calling out "Police!" and on going down the train the prosecutor told mo he had had his pocket picked, and he accused the prisoner of having bank notes in his possession—he said he got down under the train to pick his notes up, and as he came up he had notes in his right hand, and he de manded them—I was at the far end of the train, and did not see the prisoner go under the train or come up—I had not seen him before, but I believe he is well known to the railway officials—I said I should take him into custody for being concerned with others in picking the prosecu tor's pocket—he said, "I know nothing about his pocket nor his bank notes; I got down off the platform to pick up my glasses "—I handed the prisoner over to a Metropolitan constable, and accompanied him to the station—I was present when he was searched. Cross-examined. The actual accusation which the prosecutor made against the prisoner at the time was that of having his bank notes in his pos session, but he stated previously that his pocket had been picked—I did not say the prosecutor accused the prisoner of picking his pocket; I said he told me his pocket had been picked, and that the prisoner he believed had got possession of some of his notes that he had picked up from under the train—the prisoner said, "I dropped my glasses, and got down to pick them up "—I cannot say exactly if the prosecutor had hold of the prisoner's arm when I came up, because there were a lot of gentlemen there—I should say the prisoner's field glasses were in his hand—I had hold of his right hand, and the glasses were in his left, I should think—on the way to the station I noticed he had got field glasses—they were not slung over his shoulder, but were in his hand—I am not aware that any charge has ever been brought against the prisoner, but ho is known to the officials—at this time there were not a great number of people coming down to the train, because the last race had not been run—it was live o'clock, and the last race, I believe, was not till a quarter past—I saw no notes—the prosecutor said he had every reason to believe he had got the notes in his right-hand trousers pocket—the prosecutor was not under the influence of drink; he was a little excited, nothing cut of the way. WILLIAM NORMAN ( T 55). On Wednesday, 12th August, I was in charge of the Police-station when the prisoner was brought in, about 5.30—he was charged by the prosecutor for being concerned with two others in stealing Bank of England notes to the amount of £35, numbers and amounts unknown—ho was searched in my presence, and there were found on him a metal watch and chain four Bank of Engraving notes, a pair of field glasses, and a memorandum-book, £4 gold, 1s. 5d., and 5 1/4 l., but no Bank of England notes. The prisoner received a good character. NOT GUILTY . 710. HENRY BEMBY (49) , Feloniously forging and uttering an endorsement on an order for the payment of £2 7s., with, intent to defraud. MR. ARMSTRONG Prosecuted. WILLIAM GLOVER . I am a draper, of 14, Stockwell Street, Green wich—towards the end of July the prisoner came, and said he was Mr. Grassey, an Italian importer of grasses—I introduced him to my manager of that department, and he gave the prisoner an order, which was delivered a few days after—a day or two after the prisoner called again, and asked for the money, and I gave him this cheque ( produced )—he said he had not a banking account, and asked me to cash it for him—he endorsed it "T. Grassey "—I gave him the money for it—he receipted the invoice, and he went away—the prosecutor, T. Grassey, has since communicated with me; he wanted the money. Cross-examined by the Prisoner. Very likely you presented a card with "I Grassey, importer of foreign grasses "—my buyer called at your address—I cannot say you said you were Grassey, but I understood that you were—I said if you would endorse the cheque I would cash it for you—I saw you endorse it—you signed "Tozziano Grassey," and then turned and looked at the front of it, and endorsed it again, "T. Grassey "—the receipt on the bill is in the name of T. Grassey. TIZZIANO GRASSEY . I am a manufacturer of straw and fancy grass goods, at 10, Edmond's Place, Aldersgate Street—the prisoner travelled on commission for me—I got an order first from Mr. Glover, on 29th July—the prisoner showed him samples, and said that if Glover's people called he would have a commission, and Mr. Glover called, and we did a little business—the prisoner informed me that order was coming—the goods, value £2 8s., were sent off by Carter Paterson—I have not received the money—this endorsement on this cheque is not my writing, nor is this receipt—I never authorised the prisoner to sign for me; I have a banking account—the prisoner sometimes received money for mo when it was cash on delivery—I wrote to Mr. Glover when the money was not forthcoming—afterwards I asked the prisoner about it and he said, "It is nothing, I will give it to you; it is nothing to sign a cheque "—I afterwards gave him into custody. Cross-examined by the Prisoner. I have been three years in business; I import goods from Italy—I have also a cigar and wine shop; at Great Portland Street, where I have a female partner, and where I live—I don't know if she is married—you wrote English letters for me, but I signed all letters myself—I have not brought my letter-book; no one told me to do so—the Magistrate asked the solicitor for it—there is no copying my signature on the cheque and the receipt—you sought to get an accommodation bill floated for yourself for £20; I was your guarantee—I allowed you to take something out of the warehouse, one Saturday, and pawn it, because you said you had sixteen children, and had no bread for them—I do not know anything about whether you did it in my name; I never looked at the ticket, you brought it to me; I think you got 10s.—I don't know if you tried to get my bad debts in—I saw Mr. Lloyd, Mr. Glover's buyer, at my warehouse on the 18th; you fetched me in, and you said, "I will not come in; I will come when he is gone"—you told me to say to him, "It is all right now; I am sorry I have troubled you;" I did not say it—I did not say to him that you had goods on commission—I did not say, "I want no bother "—my warehouseman drew my attention to the fact that you were standing in the warehouse during that conversation—after Mr. Glover left I wrote you a letter, dated 18th August, stating that I wanted this matter to be put an end to; you asked me to write that letter. ( This letter, which was read, stated that he was disposed to give the prisoner a chance to settle the matter in a friendly way, but that unless by Saturday the prisoner brought £6 11s. in cash and three bills for £8 each, he teas deter mined to proceed against him )—you had no salary; you were a commission agent—I wrote you this letter. ( This stated that unless he called by to-morrow, and brought back the £2 7 s . received from Mr. Glover, the police would have orders to loch him tip at once; and at the same time ice must settle other amounts, or they would be put in the hands of a collector )—if you had paid the money on the Saturday, nothing more might have been heard about this—you said you expected a gentleman to come, and as he did not you were disappointed, and asked me to leave it over—I met that gentleman on Monday, on the stairs of his office—I told him all I wanted was the money and to have that settled—I gave you to understand that if you paid the money I would take no notice of the forgery—I find there were some letters that went out with my name attached in your writing; I did not know of them till afterwards; they were without my know ledge—they are copied in my letter book—every Saturday you wanted money from me—I did not say I could not give it to you, because you said you had sixteen children. By the JURY . I did not give him permission—I or my man copied my letters in the press. Re-examined . There is nothing on the cheque to show he was endorsing it for me. HENRY GILLARD ( City 183). On 26th August, about nine o'clock, I was on duty, in plain clothes, in Walford Road, when the prosecutor communicated to me—I saw the prisoner and told him I was a police officer; I should take him to the station, where he would be charged with forgery—he said, "All right; I am glad this has happened. He has compounded a felony"—at the station, when the charge was read, the prisoner said, "He has compounded a felony. " Cross-examined. You were with a lady—Mr. Grassey was in the house; I asked your wife to tell him we were outside—Grassey went away by tram; you refused to ride. The prisoner, in his defence, stated that he had the prosecutor's permission to sign his name on all letters, cheques, and receipts, and to do business in hit name, and that he had no intention to defraud. NOT GUILTY . There were two other indictments against the prisoner upon the same facts. MR. ARMSTRONG offered no evidence. NOT GUILTY . 711. CHARLES DAVEY (27) Unlawfully and carnally knowing: Maud Machine , a girl under sixteen. MR. HUTTON . Prosecuted, and MR. LAWLESS Defended. NOT GUILTY 712. LINDEN HOWARD (22) , Unlawfully assaulting Alice Sarah Sargent , and occasioning her actual bodily harm; Second Count, For taking the said girl, aged 16 years, out of the possession of Mary Jane Howe , having lawful charge of her, with intent that she should be carnally known; Third Count, Taking her out of her fathers possession with a like intent. MR. BURNIE and MR. ELDRIDGE Prosecuted, and MR. C. WILLIAMS Defended. The COMMON SERJEANT , after argument, withdrew the first Count from the consideration of the Jury. GUILTY on the second and third Counts, — Nine Months' Hard Labour. 713. WILLIAM GEORGE DAY (46) , Unlawfully neglecting Jessie Day , aged 3 years, and causing her unnecessary suffering and injury to her health. MR. HUTTON Prosecuted. KATE TAME . I am the wife of Thomas Tame, a coal porter, of 72, Queen's Road, Hornsey Road—the prisoner came with three children, and took a bedroom on our first floor—the elder child Rose was about 15, the second, Lilly, about 9, and the third, Jessie, between 2 and 3—the prisoner is a night watchman, and was in regular employ most part of the time—Jessie seemed very healthy when she came, but small—she began to get thin until I took her to the hospital; a month or two after she came I showed her to a doctor and brought her back and told the prisoner that the doctor said it was a case of starvation—he said it was a hospital, and not a poorhouse—after that I saw that it was properly fed, but when I went to work it was neglected again—I am a charwoman—the child was not left alone, the eldest daughter looked after it—the prisoner was away once from Monday to Thursday, and only fourpence was left, and no food for the child—he said he was going to work—the children complained to me—the last week before the child was removed it was kept without food from the Monday to Friday—it was very dirty when it was removed, and had vermin, and it smelt very much—I paid the insurance man once when he came round, with a shilling which the prisoner gave me—I have seen the prisoner the worse for drink on several occasions. MARGARET MUNNS . I am the wife of Thomas Munns, a coal porter, of 78, Queen's Road, a few doors from the last witness—I know the prisoner—I remember his little child Jessie being removed—it was in a dirty filthy condition, and it smelt; it was very ill and very thin—I have seen the prisoner on several occasions the worse for drink—I told him if he kept from drink and looked after his baby it would be better for him—he said he would try and keep from drink. ELIZABETH BARCIAY . I am the wife of Henry Alexander Barclay, labourer, of 120, Dartmouth Park Road, and am the prisoner's sister—I have seen the baby, Jessie, twice—I removed it to the Shelter in Arthur Street, Bloomsbury, and took it to a doctor; it was very emaciated, and I gave it milk, cod liver oil, and broth—it was not clean, and there were vermin in its head. ROSETTA DAY . I am the prisoner's daughter; I was examined for him in the Court below—my little sister Jessie was born in 1889—I do not agree with the landlady that my father was away four days, leaving nothing—the child was only one day without milk, and that was because I had not enough money—the child was ten months old when my mother died—the baby was very comfortable then—it had consumptive bowels—my father bought beef-tea for it, and eggs and milk—we got tickets from visitors; sometimes my father had work, some times none—I said at the inquest, "When my father used to drink, the child was neglected for two or three days together'—I agree with that now—I also said, "My father used to get drunk once a week"; that is right, and," When father got drunk he used to spend his money, and then there was nothing for the child'; that is true. ROBERT FAULKNER . I am a registered medical practitioner of 16, Mecklenburgh Square—on August 10th I went with an officer of the society to Mr. Barclay's house, who had taken the child away—I saw the child Jessie there; it was very emaciated and very ill, and was removed to the Shelter, and afterwards died—I discovered no disease—it weighed, 11 lb. when it died, and if it was three years old I should expect it to weigh 28 lb.—the immediate cause of death was pneumonia; they nearly always die of pneumonia in that condition—Professor Pepper made a post-mortem examination, and I was with him—all the organs were healthy, but the base of the left lung was congested, which was the cause of death—I attribute the emaciation to want of food, it was not improperly fed, because there would have been diarrhœa, which there was not—the neglect and want of food must have been continuous—dirt would be injurious to the child's health. The Prisoner called JULIA NEWHAM . I am the wife of Henry Newham, of Holloway—I took the child from you when your wife was ill, and took it back to the mother because it did not get on at all—she has been dead about two years—the child was ten months old then, and when you lost your wife you asked me to have it again, but I would not because it was in a sickly state and always ill—I had it in a doctor's care for a very long time—when it was born the mother was in a rapid consumption and paralysed on her right side, and I took the baby away from her. Cross-examined. The child would have been three years old on Sunday—I had it about six months—I have children of my own—it is not right if a child is delicate to keep it without milk—I have not seen the child for the last six or seven months—the prisoner used to get drunk sometimes—the child was insured; I asked him to insure it—the other children were insured, but it ran out, and only himself and this child were insured—his daughter applied for the insurance money, and they refused to pay the claim. By the JURY . When I had the child it could not feed; that was two and a half years ago; the doctor told me it was consumption—it was three years old at the time of its death. WILLIAM GEORGE DAY ( the prisoner ). I am a night watchman, and live at 42, Honduras Street, Liverpool Road—I never neglected the child; the money I earned I always gave to my girl to lay out in a proper way—I earned three shillings a night—if I earned fourteen or fifteen shillings I took home fourteen shillings and sixpence out of it—what drink I had was given to me by the men on the work; I do not say I have not spent six pence, because I have—my daughter kept house for me; I could not be at home, and if I did not get my orders by eleven o'clock in the day I got none at all, so sometimes it was twelve or 12.30 before I could get away so as to know whether I was to go the next night—my rent was two shillings and sixpence, and if I did not pay one week I paid two together—I have had rheumatic fever nine times, and am a cripple—I never tried to get the insurance money. Cross-examined. I did not send my daughter to get it—I never went away for four days, leaving the child with nothing—I have never had any quarrel with Mrs. Tame; she bears me no malice—I cannot give any reason for her giving evidence against me—I used to get a drop of drink with the men, but they always said the watchman could not pay for it—I was not at the inquest—I cannot give any reason for my daughter say ing that when I used to drink, the child was neglected for two or three days together—I did not get drunk and spend my money, and leave nothing for my child; I have always given my daughter money to lay out, but she spent it feeding herself, my little girl said—I did not always have 14s. 6d.; some weeks I did not earn it. By the JURY . I cannot tell you how much the child was insured for; I have not looked at the policy; I never knew any of them had. been inquiring for the insurance-money; if I had not got the money I used to pay next week; it has run three or four weeks—the doctor said that the child had consumptive bowels, the same as the mother had. ROBERT FAULKNER ( Re-examined ). There was no trace of consump tion about the child—I examined carefully, and was surprised. KATE TAME ( Re-examined ). I never gave the child any milk, but I have seen milk given to it—it kept it on its stomach, and did not bring it up—I gave it beef-tea, and never saw it bring that up. GUILTY . He was further charged with being interested in the death of Jessie Day in the sum of £3, which was accruable on her death. JOHN GEORGE MELK . I live at 28, Orpingly Road, Holloway, and am collector to the Liverpool Victoria Friendly Society—Jessie Day was insured there, and I collected the premiums from the prisoner, 1d. a week—he paid me 2d. on the 25th July—£3 would be due on her death—I do not know whether it has been applied for—I was not aware of the child's death—about 5d. would be due at the child's death—if the prisoner did not pay it would lapse in eight weeks—it had not lapsed—he had been in arrears sir or seven weeks, but not recently—his daughter paid the pennies—I have seen him; he entered the child and entered himself at the same time, November 9th, 1889—he would probably not have known of this insurance if I had not called on him—I was canvassing in the neighbourhood, and he came to the door and entered himself and the child which I saw in the girl's arms. GUILTY — Eight Months' Hard Labour. 714. JOHN WATKINS (22) , Burglary in the dwelling-house of Johannes Adolph Bach , and stealing a cheque-book and two orders for the payment of £20 and £10, his property. Second Count, for receiving the same. MR. GREENFIELD Prosecuted. BERTIE KING . I live at 333, Latimer Road, Notting Hill, and assist my father, a farmer—on Friday, 31st July, about 11.45 a.m., the prisoner, who I did not know, stopped me in Craven Park, Willesden, and asked if I wanted to earn a couple of shillings—I said I did not mind he said, "All right," and got up into my cart, and we drove 50 to 80 yards—he said he wanted me to take a note to the bank, and bring him an answer back—I stopped; he got out and said he should not be above a minute or two, and went round a corner and returned and gave me a letter, and told me to take it to the bank and bring an answer back—I went there with the letter and was detained, and went to the Police-station and saw Messrs. Smith and Swaine; a policeman accom panied me to the cart—we went to where the prisoner told me to meet him, and he was not there, but my brother who was with me saw him behind a post; we drove there, and he went away and got behind another post, out of our sight—we followed; the policeman got out of the cart and went after him, and we went back to the station—I have no doubt he is the man. Cross-examined by the Prisoner. A perfect stranger gave me the letter, and I recognised him half an hour afterwards—I can swear to you by your jacket and trousers—when my brother came in I did not point you out and say, "That is him." STEPHEN KING . I am the brother of the last witness, and was with him in the cart on 31st July—the prisoner asked him if he would earn a couple of shillings—he said, "What to do?"—the prisoner said, "Take a letter to the bank," and got up in the cart and rode fifty to eighty yards, and then told him to stop, and went round a corner and brought a letter, and said when he came back he was to come three doors round the corner with the answer—we drove to the bank; my brother went in, and did not come out till the inspector came out—I went with them to look for the prisoner, and at last saw him behind a post, and then he went behind two back yards, and we drove on, and the constable got out and went after him, and we drove to the station—I afterwards saw the prisoner with a number of other men, and identified him—I have no doubt about him—my brother did not point him out to me. Cross-examined. My brother did not say, "That is him," nor did the inspector say, "You did not ought to have done that"—I had never seen you till you came up to the cart. GEORGE SMITH ( Inspector X ). On 31st July, about ten a.m., I received information of a burglary at Mr. Bach's house—I went there—the catch of the front parlour window had been forced—about 11.30 the manager of the National Bank at Harlesden came to the station, and brought this letter ("6, Craven Park Villas. Dear Sir,—Kindly let bearer have enclosed in notes for £5 each in parcel, and oblige yours truly, J. A. Bach. " This contained a cheque for £20 on the National Bank, Limited, Willesden branch, to J. A. Bach or order. Signed J. A. Bach .)—Swaine then went out in a cart, and returned with the prisoner—I placed him with other men, and Bertie King went in by himself, touched the prisoner, and said, "This is the man"—he remained, and the other boy came in and did likewise—he was charged with breaking and entering, and said, "I know nothing about it"—Mr. Bach came and identified the cheque. Cross-examined. When the little brother came to point you out, the elder one stood opposite, but he did not point you out—the younger one was not in the room when the elder one pointed you out. JOHANNES ADOLPH BACH . I live at 6, Craven Villas, Harlesden—on 30th July I fastened my house securely—the parlour window was secure—I heard a noise about three o'clock, but did not go down—I came down at 7.30 and found the window unfastened, but down, and missed three loose cheques from my desk—this is one of them—they were not endorsed the night before—they have my wife's signature—the endorse ment is not mine, nor is the letter—I found the flowers under the window tumbled about, and some grazing of the window-sill, and some dirt on the sash. Cross-examined. I never saw you before you were brought to the station—I cannot swear you were ever on my premises. JAMES SWAINE ( X R 36). On 31st July, Friday morning, I was at the station in plain clothes, and heard that a burglary had been committed—I received instructions to go to the National Bank, and got into a cart with the two Kings, and went to the place where they met the prisoner; he was not there—we drove round the neighbourhood, and they pointed out a man going across the fields—I got out of the cart and went after him—it was the prisoner—he was walking very fast—I told him I should take him to the station for sending two boys to the bank with a cheque—he said he knew nothing about it—I was present when the boys identified him—one boy did not say to the other, "That is the man. " Cross-examined. A return ticket was found on you. ( From Willesden to Uxbridge Road )—that is about seven minutes' ride. Prisoner's Defence. I took that ticket at 11.33, and how could I give the boy this message at 11.45?—he say she swears to me by my clothes; other people wear clothes like mine—I am entirely innocent. GUILTY on the Second Count. — He then PLEADED GUILTY ** to a conviction at this Court on June 23, 1890, in the name of Frederick Whitcombe.— Three Years' Penal Servitude. 715. ROSE HANNAH CLARK (41) , Feloniously uttering a forged Bank of England note. MR. WALLACE Prosecuted, and MR. HUTTON Defended, WALTER HENRY LAMPARD . I am a grocer, with my father, at 44, Bishopsgate Street Within—on 28th July, about half-past twelve, the prisoner came into the shop and said, "Will you send 6 lb. of tea to this address?" handing me this label—Mrs. Hatch, whose name is on it, is a customer of ours—she said, "Make out a bill for it," which I did, and handed it to her, upon which she gave me this note, which I sup posed to be a Bank of England note for £10—I had not sufficient change, and I gave it to our lad Roberts; he took it to a neighbour and brought back £10 in gold—in the meantime the prisoner said she was rather strange to London, it seemed very different to her own home, and she then asked me the way to Snow Hill; I directed her—I gave her £8 17s. in change for the note, and she left—she was by herself at this time—at half-past three the same afternoon Sergeant Denning called, and I went with him to Mr. Douglas, and he gave me the note back—I did not re ceive any other Bank of England note that day. Cross-examined. I don't think the prisoner's little daughter was in the shop—there was no conversation about the note—I did not ask her any questions; I just glanced at the note—I did not ask her to sign her name. ERNEST ROBERTS . I am messenger to Mr. Lampard—he gave me this note to take next door to Mr. Douglas for change—I got the change and took it to Mr. Lampard. ANDREW DOUGLAS . I am a wine and spirit merchant, at 43, Bishops gate Within—Roberts brought this note; I gave the money for it. JOSEPH McLOCHLIN . I am a clerk in the employ of the Waterbury Watch Company, 7, Snow Hill—on 28th July, near one o'clock, the prisoner came there and said, "I want one of your lady's silver Geneva watches," at the same time laying this paper on the counter, with the address of Mrs. R. Vincent on it; it is one of our forms—I asked her to let me look at the paper—I took a watch out of the window to show her—she said, "Retail, you know"—she said it would do, and produced this note for £10—I took it to Mr. Pindar, our cashier, he showed it to Mr. Rankin, and they came to the counter and asked the prisoner if she was Mrs. Vincent—she said, "Yes"—Mr. Pindar went out with the note. Cross-examined. I think the prisoner said something about being sure that it was a good note—she waited in the shop while Mr. Pindar went to the Bank to ascertain if it was a good note—I should not have let her leave—when Mr. Rankin showed her the note she took hold of it, and he took it from her again. JAMES PINDAR . I am accountant to the Waterbury Watch Company—I was in the office when McLochlin came to me with this note—I showed it to Mr. Rankin, who came to the counter with me—I asked the prisoner, "Are you Mrs. Vincent?"—she said, "I am"—I said, "This note is bad; where did you get it?"—Mr. Rankin asked her the same, and later on she said, "Oh, I know"—I held the note out to her—she clutched it out of my hand—Mr. Rankin said, "Give that over"—I went and put my back against the door—she then handed the note to Mr. Rankin—he gave it to me, and I took it to the station, and gave it to the inspector, who handed it to Sergeant Denning. HENRY RANKIN . I am managing director to the company—I have heard Mr. Pindar's evidence; it is correct. RUTH VINCENT . I live at Clifton Place, Haywards Heath—I am a customer of the Waterbury Watch Company—this label is addressed to me—I do not know the prisoner—I never gave her authority to get a watch from the Waterbury Watch Company. THOMAS LEE SOUTHGATE . I am inspector of notes to the Bank of England—these notes are forgeries, and exceedingly bad ones—they have no water-mark—I stamped this one "forged" on 28th July—I received it from Mr. Hazelgrave, the deputy principal of our office, and gave it back to him stamped "forged. " WILLIAM HAZELGRAVE . I am deputy-principal of the Bank Note Depart ment, Bank of England—I received this note from William Wallis on 28th July, and handed it to Mr. Southgate—I got it back from him immediately, and gave it back to Mr. Wallis. WILLIAM WALLIS . I am a clerk in the Notary's Office, Bank of England—on 28th July I received this note from Mr. Graham, and gave it to Mr. Hazelgrave; I got it back from him, and gave it to Mr. Graham. KENNETH GRAHAM . On 28th July I received this note from Sergeant Denning—I gave it to Mr. Wallis; I got it back from him in a short interval, and handed it back to Denning. DANIEL DENNING ( City Detective Sergeant ). On 28th July I was at Snow Hill Police-station—I saw Mr. Pindar; he gave me this note—I went with it to the Bank of England, and handed it to the last witness—I got it back from him marked "forged"—I then went to 7, Snow Hill, and saw Mr. Pindar and the prisoner—Mr. Pindar said in her presence, "This woman has tendered this note in payment for a watch to one of our salesmen"—I said, "I am a police officer; this is a forgery on the Bank of England; how do you account for having it in your possession?"—she said, "I found it about two or three years ago at Brighton"—I took her into custody, and took her to the station—on the way there she said she found three of them two years ago and lost one of them a few months ago—she was charged with forging and uttering—she said she did not know they were bad; "I had a row with my husband this morning; I pawned a ring for ten shillings for me and my little girl to come to London"—she gave her correct name and address, "Rose Hannah Clark, 4, King Street, Brighton"—£9 10s. 1 1/2 d. was found on her, and a pawn-ticket for a ring pawned at Brighton, and this label; it was in consequence of that I went to 44, Bishopsgate Street Within—this other note was handed to me by Constable Phillips—after returning from Mr. Lampard's, I said to the prisoner, "You will be further charged with forging and uttering this note"; she said, "Quite true; I did not like to tell you." Cross-examined. She said, "My little girl found the notes about two or three years ago." HENRY PHILLIPS ( City Constable 255). On 28th July I went to 7, Snow Hill, and saw the prisoner sitting in a chair in a corner by the counter—I kept observation on her for about twenty minutes—I then saw her raise her dress, and push down the stocking on her left leg—I heard the rustle of paper; I rushed across and caught hold of her left hand, which was clenched; I opened it, and took from it this note—I said to her, "Where did you get this from?"—she said she found it at Brighton—I said, "Is that the only explanation you can give for the possession of it?"—she said, "Yes; I had three, but I lost one"—I said, "You had better not say anything more till Sergeant Denning arrives; he has gone to the Bank of England to make inquiries about the note you tendered here in payment of a watch"—she said, "All right; I won't say anything more till he comes back." Cross-examined. I have heard that her husband keeps a small shop at Brighton—I received this card from the female searcher, who took it from the prisoner's daughter; she was outside the shop on Snow Hill, and went to the station with the prisoner. The prisoner's statement before the Magistrate: "I did not know they were bad." Witnesses for the Defence. HANNAH CLARK . I am a daughter of the prisoner, and live at 4, King Street, Brighton—my father keeps a glass and china shop there—two or three years ago I found three £10 notes in Trafalgar Street, Brighton—I brought them home, and gave them to my father; he looked at them, and said they were no good, and threw them in the fireplace. KATE CLARK . I am the sister of last witness—two or three years ago I was living at home—I remember my sister bringing some notes home; father said they were no good, and threw them in the fireplace; mother picked them up, and gave them to my brother; she afterwards gave them to me, and I put them in a box in her room. Cross-examined. I came up to London with my mother, and went with her straight to the shop in Bishopsgate. GUILTY — Eighteen Months' Hard Labour. 716. ELI GEORGE SMITH (16) and WILLIAM JARVIS (15) , Unlawfully attempting to have carnal knowledge of Mary Ann Elizabeth Haddock , under sixteen. Second Count, For an indecent assault. MR. ROOTH Prosecuted, and MR. LAWLESS Defended. GUILTY on Second Count. — Eight Days' Imprisonment each . 717. GUSTAV EKENSTAM (27) and MATTHEW MAJOR (18) , Unlawfully committing acts of gross indecency with each other. MR. ARMSTRONG Prosecuted; MR. GRAIN Defended Ekenstam, and MR. PURCELL Defended Major. The prisoners received good characters. GUILTY — Six Months' Hard Labour each . 718. WILLIAM GILBERT (29) , Robbery with violence, together with two other persons unknown, on Henry Clarke , and stealing a watch, knife, and 19s. 6d. from him. MR. KYD Prosecuted. HENRY CLARKE . I live at 35, St. Paul's Crescent, Camden Town, and am a compositor—on Saturday, 15th August, about half-past eight, I was at the Queen's Arms, in the Caledonian Road—I saw the prisoner there with two companions, and got into conversation with them—I paid for some drink for them—we left together, and were proceeding towards the Angel, and while in North Street or Collier Street the prisoner deliberately struck me on the mouth with his fist, and knocked me down—at the same time I felt a hand clench my watch-chain, and the watch was taken out of my pocket—while I was on the ground I felt a hand go into my right-hand trousers pocket, and about 19s. 6d. was taken out; I also missed a pocket-knife—the prisoner and the other two ran away—I went home, and on Sunday night, about seven o'clock, I went to King's Cross Road Police-station and made a complaint, and gave a description of my watch—from there, as I was going towards the Victoria public-house, at the corner of York Road, I saw the prisoner talking to two other persons—I got up sufficiently close to identify the prisoner, and went to the corner of the street where there was a constable; he came with me, and I gave the prisoner into custody inside the Victoria public-house—when told the charge he said, "It is a mistake; he is mistaken altogether"—or words to that effect—I have not the slightest doubt of the prisoner's identity—my watch was worth £4. JOHN DAMPIER ( G 428). On Sunday night, 16th August, the prisoner was given into my custody by the last witness—I told the prisoner the charge; he said it was a mistake; it was not him; he could prove where he was—York Road is about two hundred yards from Caledonian Road—they run parallel—the Queen's Arms is about three hundred yards from the Lincoln's Arms—I searched and found 3d. on the prisoner. Cross-examined. I saw you outside the Victoria public-house at a quarter to ten on the night of the robbery with two or three others, and told you to go away—that was from a quarter to half a mile from where the robbery took place. The prisoner's statement before the Magistrate: "There are two gentlemen who, I know, can prove I was in the Lincoln's Arms at the time the prosecutor said I robbed him; one is Stevens and the other Oakley." GUILTY .— Nine Months' Hard Labour. 719. HENRY KEATS (19) , ALBERT EDWARD ADAMS (29) , and JAMES ELDER (40) , Burglary in the dwelling-house of George Richard Tiller , and stealing £28 10s., his money. Second Count, receiving. MR. REVINGTON Prosecuted. MR. REVINGTON offered no evidence against ADAMS and ELDER . NOT GUILTY . GEORGE RICHARD TILLER . I live at the Spread Eagle, Theobalds Road—on 31st July, Keats, who was my potman, was there up to closing time, and when the house was closed he swept out the bar and went down to the cellars to put away his brooms—I closed the door after he left, and I examined the doors and windows and found them closed—next morning I found that the bolts in the cellar had been withdrawn from the flap—I found silver gone from the silver rack, and coppers had been taken from a cupboard in the bar, which had been forced open; in all I missed nearly £30—I found an ice-pricker, which had been in the bar, close against the spot, and which corresponded with the marks where the cup board had been forced—the prisoner did not come to his work again—I gave information to the police, who came and examined the premises—I saw Keats in custody on the 24th. By the COURT . The prisoner went home to sleep—I let him out and bolted the door after him about ten minutes to one—the cellar flap is on the pavement, the bolt is in the cellar; if the bolt was drawn anyone could get into the cellar through the flap. WILLIAM BONNELL ( Detective E ). On 1st August I received informa tion from Mr. Tiller, and went to his house—I examined the cellar and found the bolts were unfastened in the flap—no doors or windows were unfastened when the prosecutor came downstairs—the bolts were drawn from inside, and afterwards the entry was made from outside by lifting the cellar-flap, and passing through into the bar—I found the lock of the cupboard door had been forced off; an ice-pricker in the bar corre sponded with the marks—I took the prisoner into custody on 24th August, and told him the charge—he said at the station he should not have done it if it had not been for the men, Thomas Oates (that is Adams's nick name) and Jemmy Elder. "I saw them outside the house after closing time; we went for a walk round the houses, and afterwards came back, lifted the cellar-flap, and went downstairs, got into the bar, and took the money and handed it to the other two"—he afterwards made this longer statement: "About a fortnight before this burglary occurred I saw Adams outside the public-house, while cleaning the windows; he asked me how I was getting on; I said, 'All right. 'He asked me if I had any money; I said, 'No;' he said, 'Do you know of any thing?' I said, 'What do you mean?' He said, 'Cannot we do anything in here?' he meant the public-house, where I worked. On the night when I left off work I saw Adams and Elder outside; they asked me what I was going to do, and we had a walk round the house till two in the morning. We came back to the public-house again, and got through the flap, and went upstairs and got the money. I went downstairs. When I got the money we all shared, about £3 odd a piece." The prisoner in his defence stated that he did not go down the cellar-flap, but through the private entrance. GUILTY .— He then PLEADED GUILTY † to a conviction of felony in February, 1890.— Eighteen Months' Hard Labour. 720. JOHN MATTHEWS (22) , Breaking and entering the ware-house of Arthur Stannard , and stealing £5 4s. 11d., a cash-box, and divers postal orders and postage stamps. MR. SANDS prosecuted. FRANK HERBERT ENDINE . I am a picture-frame maker on the ground-floor of 98, Fleet Street; I am landlord of the house—there is a private door at the side leading to the offices—Mr. Stannard, the editor of Golden Gates, occupies the first floor—on 30th July, at ten minutes to seven, I was on the second floor and heard a crash—I went on to the landing and looked over the balustrade to the floor below, and saw the prisoner standing at the door of Mr. Stannard's front office—he hesitated a moment, and then walked in—I went downstairs directly, and met the prisoner coming out of the office carrying a newspaper parcel resembling this under his arm—I said, "What are you doing there?"—he said, "Oh, I have just been into the office"—he was proceeding to go downstairs, he was in front of me—I said, "There is no one in the office"—as I had gone upstairs to my room the door was closed, and I knew that none of Mr. Stannard's people were there—the key had been left in the shop an hour previously—men the prisoner went downstairs and I put my head round the door to see if anyone was in the room—I left the door open and followed the prisoner downstairs into the passage and into the street—I kept close to him, and said, "I should like to know what you have in that parcel"—he said, "Who are you?"—I said, "I am the landlord"—he said, "Oh, I will show you; come back upstairs"—he went back into the passage, and I said, "Show me here"—he said, "Oh no, come up stairs"—he went upstairs, and turned and went out of my sight—I went round to the front of the shop, and spoke to my shopman to fetch a policeman—I went back to the side door, and stopped there for three minutes—while waiting I heard Mr. Stannard's door pulled to—the constable arrived, and I went upstairs with him—Mr. Stannard's door was closed, not as I had left it—I tried it—I went further upstairs on to the half-landing, where there is a lavatory—I opened the door of the lavatory and found the prisoner inside—I said, "What are you doing there? where is that parcel you had?"—he said, "I did not have one"—I gave him in charge, and went to the station with him—after that I came back to the house with two constables, and went with one of them to Mr. Stannard's office door—I had sent down for the key, which was still in the shop, and directed the door to be opened, so that when I came back it was open—the detective searched the room—I noticed on the floor, under the writing table, this newspaper spread out; it looked like the piece of newspaper he was carrying—I found the cash-box on the mantelpiece—Palmer made a further search—the door has a catch lock—the key was given to me about six o'clock. SAMUEL STIMPSON (471 City ). About twenty minutes past seven on the evening of 30th July I was called to 98, Fleet Street, and went upstairs with the last witness—we found the prisoner in the lavatory—Mr. Endine asked the prisoner what he was doing; he said he had been in the closet—Mr. Endine said, "Where is that parcel?"—the prisoner said, "I have not got one"—then he was given into my custody, and I took him to the station, where he was charged with breaking and entering the office—he made no reply—I searched and found on him several papers and two unmarked handkerchiefs—he gave two addresses—I was behind Mr. Endine when the prisoner said, "I have not got one"—he had no parcel. WILLIAM PALMER ( Detective City ). On 30th July I went to 98, Fleet Street, and with Saunders searched the office on the first floor—the door had been forced with some instrument, and there were four distinct marks on the door and door-post which corresponded with this mortice chisel which I found, together with fourteen loose keys, two cigarettes, and a little tobacco, lying at the back of a number of books in a large pantry leading from the office—it is an instrument that could break open the door—I took it to the station and showed it to the prisoner, and said, "You will be charged with breaking and entering the office, 98, Fleet Street, with this instrument"—he said, "No one saw me with that in my hand"—I said, "No one said they did"—these keys are not skeletons, but are of common pattern, and would open almost every ordinary lock—there is a spring lock as well as an ordinary lock to this door—the marks were on the outer office door. FRANK STEVENS . I am managing clerk to Mr. Arthur Stannard, the proprietor of Golden Gates, who occupies the office on the first floor of this house—I left the office at five o'clock—this cash-box is my master's property—I left it on the mantelpiece; I cannot say what was in it—I do not know the prisoner—this chisel and these keys do not belong to us; they had no business behind the books. GUILTY .— He then PLEADED GUILTY * to a conviction of felony in October, 1889, in the name of John Weston, at this Court. A Police-officer stated that the prisoner was suspected of hating committed about fifty robberies in the Temple and the neighbourhood since his liberation from prison in October.— Five Years' Penal Servitude. 721. PATRICK BROWN (38) and JAMES HODGSON (20) , Bur glary in the dwelling-house of Esther Geraldine West , with intent to steal. MR. JONES LEWIS Prosecuted. HENRY LEE . I live at G, Russell Mews, Holland Road, Kensington, and am coachman to Esther Geraldine West, who lives at 113, Holland Road—Miss West went away on a visit for three weeks, leaving her house in my charge, and on 1st August, between four and five, I locked it up—the scullery window was not then broken; there were no burnt matches nor candle in the area—I went home—between nine and ten the same evening the constable came to me and I went back with him to the house—the scullery window was then broken; it was of very thick frosted glass—I saw the constable find burnt matches—nothing had been taken from the house. Cross-examined by Brown. A person could have got through by taking out the pane of glass—the window was not broken from the inside; there was some glass on a bench inside and some outside—the window was broken after I left the house—the hole was as large as my hat. THOMAS MORIATY ( F 139). About half-past eight on the evening of 31st August I was on duty near this house—I saw both prisoners coming along Holland Road, from the direction of Hammersmith, looking at the houses and into the areas—I suspected them, and kept them under observation—at Holland Gardens they remained in conversation for about ten minutes; they kept looking at me, but I did not seem to take any notice of them—I was in uniform—I was about fifty yards from them—they were in conversation in Russell Gardens for ten minutes; they went some distance down Holland Road—I got into the gardens unobserved by the prisoners, and kept them under observation; I then lost sight of them near Addison Gardens—I remained very quiet in the gardens for twenty minutes or a quarter of an hour, when I heard a loud smashing of glass—another constable who was keeping observation on the other side of the road came across the road, and we both had a look into a few areas, but could not find the prisoners—knowing 113 was under our control with no person in charge, we entered the area and found the prisoners half stooping in a dark corner there—I asked them what they were doing there—Brown said he came there to ease himself, and Hodgson said he came there to sleep—the scullery window was broken; by taking out three or four little pieces they could have entered—the other constable found a knife on Hodgson—at the station I found on Brown this box of silent matches, a candle, and some used matches, corresponding with those found on Brown, were found in the area. Cross-examined by Brown. I know nothing about a row in the Hammer smith Road; you were coming from that direction. SAMUEL WARRY ( F 341). On 31st August I had been watching the prisoner with the last witness, and about nine o'clock I heard a crash in Holland Road—the account given by the last witness is correct—I saw the two prisoners secreted in the area—Hodgson put his hand in his coat pocket, and I immediately caught hold of his hand, and he drew out this table-knife, and I put it in my pocket—they were taken to the station, and I afterwards returned to examine the premises—I found these loose burnt matches and this candle in the area—I found a number of pieces of glass inside the window. Brown's statement before the Magistrate: "No, I hope to Christ you may not live to try another half-dozen men; that you may die in the chair. " Brown, in his defence, said that he was discharged from prison in July this year; that he had been drinking with friends, when a quarrel arose with a cab man, and that a policeman coming up Hodgson and he went off; that in Holland Road they thought a policeman was following them on account of the row, and they went into the area to hide, but knew nothing of the candle. Hodgson made a similar statement, and said that the knife found on him he used to trim flowers with. GUILTY of attempted burglary. Brown then PLEADED GUILTY ** to a con viction of felony at this Court in July, 1888, and Hodgson to one ** in July, 1889, at Middlesex Sessions.— Twelve Months' Hard Labour each . 722. CHARLES MARCHANT , Indecent exposure. MESSRS. HORACE AVORY and BODKIN Prosecuted; MR. C.F. GILL Defended. NOT GUILTY . 723. ARNOLD GAWTHORPE , Unlawfully and carnally know ing Edith Coles , a girl under sixteen. MESSRS. HUTTON and BIRON Prosecuted; MESSRS. GILL and DUKE Defended. NOT GUILTY . 724. CHARLES WILLIAMS (20) , Unlawfully assaulting Emanuel Edwardo Chiozza , and occasioning him actual bodily harm. MR. LYONS Prosecuted. EMANUEL EDWARDO CHIOZZA . I live at 36, Colveston Crescent, Dalston—at 11.30 p.m. on 14th August I was in Old Street looking for a tram—the prisoner walked very close behind me, spitting about the pavement and past my face—I remonstrated with him—he turned and used very violent language, and seeing he intended to pick a row I called the atten tion of a constable, who said he could not see any spittle, but told the prisoner not to continue following me—I walked on; the prisoner came behind me, touched me on the shoulder and said, "Do you know what I mean to do with you?"—I said, "I don't know what you mean to do; if you continue following me in this manner I shall give you in charge"—he said, "I don't care what you are going to do; I am going to charge you with rape"—I said, "I don't know what you mean"—I smiled rather—he said, "Indecent assault in the urinal down the street"—he called two or three com panions who had followed him, and said, "Did not this man indecently assault me in the urinal?"—he called on them as witnesses—I don't know if he or one of the other men then struck me, but I was knocked down, and I was dazed for a minute, and when I got up I found Barraud had hold of the prisoner—the prisoner had struck me once during the altercation on the side of the face—I am all right again now; my eye was bloodshot for about a fortnight afterwards—after I had been to the station I found I had been robbed. JAMES GOLIGHER ( G 350). On the night of 14th August I was in Old Street, and saw the prosecutor, and the prisoner following after him—the prosecutor complained of the prisoner spitting on his coat—I looked and saw no spittle on it; but I cautioned the prisoner not to follow the pro secutor—they went away; the prisoner following the prosecutor. WILLIAM DUNSTAN ( G 223). About half-past eleven on the night of 14th August I saw the prisoner and prosecutor and a large crowd in Old Street—the prosecutor charged the prisoner with assault—I took him into custody and to the station, where he was charged. WILLIAM VINCE BARRAUD . I was walking along Old Street towards my home on the night of the 14th August, and saw the prisoner and two other men following the prosecutor—I walked smartly past them, and stood under the shadow of a wall, and watched what took place under the tree—I saw the prisoner from behind the prosecutor deal him a smart blow, and he struck him again, as the prosecutor half-faced him, and knocked him on to the ground—the other two men sprang from the edge of the kerb, and caught hold of the prosecutor as he was on the ground—I came out and engaged with the prisoner, and after giving him two or three smart punches I turned my attention to the prosecutor; the other two men made a pretence that they were picking the prosecutor off the ground—the prisoner, whom I held, said, "You have no business to interfere in this; why do you interfere?"—I said, "I saw you strike him a cowardly blow"—he said, "Do you know what he has been doing to me?"—I said, "No"—he made a motion with his hands—I said, "What do you mean by that?'—he said, "He made an indecent assault on me"—I said, "Where did he do that?"—he said, "In the urinal down there"—I said, "You waited till you got here?"—he said, "Yes"—I said, "It is a lie, because I watched you from the urinal"—his friends said, "You had better do a guy, Charlie"—I said, "He does not do a guy now," and I sent a bystander for the police. Cross-examined. You appeared to be perfectly sober. The prisoner, in his statement before the Magistrate, said that the prosecutor behaved indecently towards him, and that on his saying he was going to charge him, the prosecutor aimed a blow at him; that someone charged him with assault, and he was taken to the station and charged. GUILTY — Twelve Months' Hard Labour. There was another indictment against the prisoner for robbery with violence on Emanuel Edwardo Chiozza, and stealing his purse and 30s. 725. GEORGE ALLEN PORTER (59) , Conspiring, with one RICHARDSON and one GREY (not in custody), to defraud Thomas Leather . MR. PAUL TAYLOR Prosecuted. THOMAS LEATHER . I am a salesman, of 7, Russell Street, Covent Garden—on 12th March I had a house to let at 29, Philip Road, Peckham, and received this letter. ( From G. Porter, of 28, Mansfield Road, Clapton Park, saying that he had called to see the witness about the house in Rye Lane, but not finding him at home he enclosed his references, namely, his landlord, Mr. Smith, of 175, Sandringham Road, Dalston, and Mr. Vagle, of 78, Leyton stone Road, Stratford ) —I wrote to Mr. Smith, and received this reply:—"Dear Sir, Re G. Porter,—I have every reason to believe you will find in him all that can be desired in a tenant, etc.—Yours truly, H. SMITH "—I then wrote to 394, Milfield Road, and received a reply from the prisoner, which I have lost; I then wrote, telling him his reference was quite satis factory, and I would call and see him any evening he chose to mention—he replied that as he was out so much, travelling in the boot and shoe trade I might call several times and not find him, but he would call on me the following evening, March 18th—he did so, and I agreed to let him the house, and said that an agreement should be prepared in a few days—I told him I had moved nearer the market, and had no use for my pony, phaeton, and harness—he said he had a friend who would most likely purchase them—the price was £30—on March 20th he called again, and executed this agreement. ( This was to take the house by the year, at £32 rent, payable quarterly, subject to a quarter's notice after the first year )—I handed him the keys of the house, and he said his friend would call on me—two men called, one gave the name of Allen, and said he was a veterinary surgeon; they looked at the lot, and agreed that I should take them for a drive the following Sunday, when they were to decide; but before that I received this letter from the prisoner. ( Offering to buy the pony and cart if the witness had not sold them, having had an accident to his own pony, and stating that he would call that evening. )—he called and arranged to come the following Friday morning to try the pony—he said he had had an accident with his cob in Lea Bridge Road—I took him for a drive, and his friend, who called himself Allen, drove by us and pulled up outside the park; we went into a public-house and drank, and Allen said, "I see you have got my friend Porter out with it; I was coming about it next Sunday"—I said, "Being my tenant, and a sound man, I prefer letting him have it, to a stranger"—I finally sold it to the prisoner for £28; he paid £5 on account, and said he had some heavy bills out, but he would forward me £5 in the course of the week to make up the £10, and would finish the whole in a month—I let the prisoner go into my house, believing Mr. Smith's reference was true, and I let him purchase the pony and cart, he having had an accident, and being my tenant, and having a good reference, I thought it would be better for me to oblige a tenant—on May 12th or 13th, in consequence of something which came to my knowledge, I went to 29, Philip Road, Peckham, and found the yard-gate open, the yard door torn off its hinges, and only one sound lock left in the house, some of the others had been removed and others broken; the shelves were torn out of the wardrobe cupboard, half the door taken away from the coach-house, the lamp taken from the hall, and a pair of steps taken away—the fixtures were included in the rent—I-found no one there—the key had disappeared—about a month ago I saw my pony at Aldridge's, with five inches of his tail cut off—it is one of the best ponies in London. Cross-examined by the Prisoner, I employed a woman who lived opposite, to hold the keys of the premises—I never promised you £2 commission if you found a buyer for the pony, but my wife said, "We will take a little pity on him on account of the accident," and £2 was taken off—I have found out that Francis Allen had his van in your stable—the rent was to be paid quarterly from March 25th, and you went out on the 11th or 12th May; all the money I have received from you was £5 for the pony—I do not know whether you lent any furniture in; I saw two chairs through the window—I found heaps of straw in every room—you suggested the agreement. Re-examined . I should have suggested it if he had not—I should not have allowed him to execute it if it had not been for the reference—I found the house deserted, and had it locked up, and communicated with the police. ELIZABETH MARRIOTT . I am the wife of John Marriott, of 294, Mill field Road, Clapton Park—before January we lived at 9, Allerton Street, Hoxton, where we made the acquaintance of a man named Gray—when we moved to Millfield Road, Gray took part of the house; he told me he was going to be put into a house, 29, Philip Road, Peckham Rye—I know the prisoner by sight by the name of Allen; he is a friend of Gray, I believe; I have seen them in company—Gray told me he was going to move to Peckham Rye, and a van, which I believe belonged to a man named Richardson, was employed to move the furniture—I only know Richardson by sight; I have seen him with Porter and Gray—after Gray left I wrote to his wife at Philip Road, and received a reply—we had no other lodgers; the prisoner never lived there—I believe Gray was employed by Richardson—I do not recollect any letters coming for a man called Porter; but Gray took in letters—I had no servant. Cross-examined. Gray said that a man named Porter was going to put him into the house; he did not tell me who recommended him—he said you were going to send him to Peckham. Re-examined . If a letter had come addressed to Porter I should not have known what to make of it. WILLIAM PRATT . I live at 105, Dalston Lane—previous to May I occupied the ground floor of 175, Sandringham Road for eighteen months—the landlord's name was Richardson—the prisoner was a lodger there in the name of Allen—I cannot tell whether he had the top floor—Richardson occupied the shop and parlour; I saw the prisoner with him on several occasions—no one named Smith lived in the house to my knowledge—Richardson left the house in April, and got away with the greater part of his furniture—I saw a man in possession—the prisoner stopped in the house several days after that, and then left by himself—there was no one in the house but me and my son, Richardson, and a Miss Sinclair—after Richardson and the prisoner left letters came addressed in various names, which I had never heard of before—I do not recollect any letters coming with the name of Smith on them—Smith might have lodged there without my knowledge. Cross-examined. My mistress and I and our son occupied the base ment—I was not at work mangling all day—you said to me several times, "Have you any letters for me?" and I said, "No"—I have no recollection of the name of Smith—several people came there on business—I took in several letters in the name of Allen and Richardson, and many postcards, but I was not always at home. Re-examined . Richardson was the landlord of the house, not Mr. Smith—the prisoner was a tenant under Richardson. WILLIAM SILVERTON . I am a carman and contractor,. of 1, Forest Road, Kingsland—on 25th May I purchased a pony and phaeton and another trap of the prisoner for £12 10s.—they were put up by auction by Mr. Miller—the prisoner took me to see them at the furniture repository, Stoke Newington—my son paid £8 10s. to the auctioneer; it became my property, and I took it away—six or eight weeks afterwards I sent it to Aldridge's for sale; it was then, I believe, in the same state. Cross-examined. The pony was nine or ten years old; I consider I gave a fair value for it—it was allowed to remain in the sale at Miller's; it only fetched a sovereign more, not more than would pay the expenses. Re-examined . I paid for two traps as well as the pony; I reckoned the traps at £4 each, and the pony at £4 or £5; there was no harness—I never saw the prisoner till the morning Mr. Glbson brought him to my place—I have not sold the pony—my son told me that there was a deposit of £7 on the pony. ROBERT. GLBSON . I am a livery stable-keeper, of Fouldon Mews, Stoke Newington—in March or April I had a pony belonging to the prisoner in my stable for about a fortnight—he said it was his, and suggested that I should find a purchaser—I sent him to Mr. Miller, the auctioneer. Cross-examined. There was a four-wheeler, a two-wheeler, and a pony, which was a rig—£12 or £14 was the full value for them, and I would not buy them at that, the pony was not worth more than £6—I would not have such a one on my premises. MAX MILLER . I am a clerk to James Miller, auctioneer, of Stoke Newington—the prisoner called there on 24th May, and gave his name George Porter Allen, 175, Sandringham Road—he wanted an advance on a pony and dog-cart and harness at Fouldon's Auction Rooms—I saw them there, and advanced him £7 on the pony, dog-cart, and chaise till May 24th, when they were entered for sale—before the sale the prisoner called with a man who he introduced as Silverton, not the witness, but his son; I believe—he said he wanted to withdraw the property from the sale and pay the advance, and did so after some haggling—Mr. Miller would not withdraw it at first because it had been advertised, but afterwards he did, and gave an order to Porter, who gave it to Silverton, and he paid the advance and our charges—after that Silverton said he would put it in the sale, as it had been advertised, and if it fetched a certain profit he should let it go, otherwise he would buy it in and pay 10s. for our commission—it was bought in, but I do not know at what price. Cross-examined. Silverton bought in the pony, the dog-cart, and the pony-chaise in three different lots. Re-examined . £12 10s. was a fair price; £5 was under the value. WILLIAM THURRELL ( Detective Sergeant ), I have made inquiries into this case—I saw the prisoner write this ( produced )—I have compared it with letter B—they are both written by the same person, and if that is right the prisoner wrote his own reference—I saw him write this pencil writing at Bow Street on the night of 7th August when I arrested him—I read the warrant to him—he said, "I am prepared to answer the charge; I paid £5 on account." THOMAS LEATHER ( Re-examined ). There was harness with the pony when I sold it to the prisoner; I paid £8 for it about eighteen months before, and I had only used it when I took my wife out for a drive; it was in very good condition, and the dog-cart was honestly worth £13—the pony was a good serviceable one, I had had him eight or nine years, and he was about two years old when I had him, you could never tire him—he was what is called a rig. The prisoner, in his defence, stated that so far from taking the house in order to get the pony and traps, he did not know that the prosecutor had them till he agreed to take the house; he complained of the pony pulling up at shopkeepers' doors where he had formerly stayed; and as to the house, he placed a quantity of furniture in it ( which he produced a list of ), and let Gray live there rent free; and no one was more surprised than he to find that the house had been vacated, the furniture gone, and the door left open. He complained that the police had not taken Gray and Richardson, and denied writing the letter in the name of Smith. GUILTY . He then PLEADED GUILTY ** to a conviction at this Court on 19 th March of obtaining tea by false pretences after a previous conviction.— Three Years* Penal Servitude. 726. JOHN HELDROW (30) , Feloniously cutting and wounding Margaret Ray , with intent to do her grievous bodily harm. MR. DRAKE Prosecuted, and MR. BURNIE Defended. MARGARET RAY . I am a machinist, and live at 26, Remington Street, City Road—I know the prisoner; I met him by appointment on August 21st, at half-past seven, at the Macclesfield Tavern, City Road—we had some drink, which he paid for—we then went to another public-house and had more drink—I had five or six drinks of whisky—when we were leaving the second tavern I had some words with him about a watch he had of mine to get repaired—I said, "Give me my watch"—he said, "You shall have it to-morrow night"—I said, "To-morrow will not do"—he wished to make an appointment for the next night to return my watch—this was in Goswell Road—he struck me with a knife on my left breast; he was under the influence of drink—I aggravated him to do it; it was not serious; it has quite healed—the doctor at the station examined me. Cross-examined. He had my watch to repair; he said something about my paying for it, and asked my address—I did not see him take out a pencil; he may have, and very probably he took out his pen-knife to sharpen it—I had had a little drink, and was angry and aggravated him; he is a very inoffensive man—I did not strike him, that I can remember—I do not remember all that took place; it was raining—the quarrel lasted some time. By the COURT . He was not courting me; he is married, and has six children; he is a silversmith—I met him the evening before, and gave him my watch to repair—I had known him before—he said he could get it repaired more reasonably than if I took it to a jeweller. RICHARD GUST ( G 281). I was on duty, and saw the prisoner and prosecutrix under a lamp—they closed towards each other, and it appeared as if blows passed between them—I went to them, and the prosecutrix complained of being stabbed, and charged the prisoner with stabbing her—he said, "I did not stab you"—I took him to the station and found this pocket-knife on him—he was sober, but greatly excited, and he smelt of drink—the prosecutrix was sober, but she smelt of drink—she knew what she was about perfectly well. GEORGE EUGENE YARROW . I am divisional surgeon of police—on. August 21st I was called to Old Street Police-station, and saw the prosecutrix—she had a punctured wound on the upper part of her left breast half an inch long and half an inch deep—there were corresponding cuts through her jacket, bodice, and chemise—this knife would produce it; it was not dangerous—I dressed it, and have not examined it since. Cross-examined. It could be caused by her closing towards him with a pen-knife in his hand, if it was held outwards. Re-examined . It would require some amount of force to go through the clothing, because the point of the knife is off. The prisoner received a good character. NOT GUILTY . 727. MARY JANE HEATHCOTE (28) was indicted for, and charged on the Coroner's inquisition with, the wilful murder of Florence Heathcote . MESSRS. FORREST FULTON and HORACE AVORY Prosecuted, and MR. LAWLESS Defended. JANE ALMA JACKSON . I am the wife of Charles Jackson, a compositor, at 66, Kynaston Road, Stoke Newington—the prisoner lodged there with her husband and two children—the elder one, named Florence, about five and a half years old, the younger "one, Emily, was three and a half years—in May last the prisoner and her children had influenza; they were ill for a week or more—after that they went away for about three weeks—when they returned the children were better, but the prisoner was not—I saw her on the morning of 22nd July in the house about half-past nine, and the children also—she said nothing to me about going out; when I came home about seven I found they were out—on the 25th July I saw the bodies of the children in a shed at Chingford—I know the prisoner's handwriting—I know this book; I saw the prisoner with it once—this entry, to the best of my belief, is her writing. ( Read: "Oh, my dear husband, I cannot live longer; I would face it all if the children were well, but they never will be again. I have prayed for them day and night, but no change has come; we must all die together, for illness means ruin to us all. Ever since we went home there has been a change in everybody to me that I cannot bear. Oh, how I long to be at rest, for this is awful; lay me with my darlings, the sinner and the sinned against, but not on purpose, for no mother ever loved her children more than I have; they were all I have lived for. Good-bye, and may God have mercy on us all.") Cross-examined. I had lodged there since March—I saw the prisoner every day—she was most kind and affectionate to her children; she always attended to them and nursed them herself—she was greatly dis tressed when they were attacked with influenza—she went away with them and stayed with them three weeks—on her return she was continu ally saying that they had got a white tongue of a morning; she would not think they were any better, and would not believe they would ever get better; she said she thought she should never get better herself or the children either, and she thought God was really against her; she suffered very much in her head; she used to complain of a pain creeping up her back to the back of her head; she said she did not know what would become of her children if she should die; she was very desponding—she was a very sober woman—she was continually talking about religion, asking me whether I should like to be a Christian, and talking to her children about Jesus and Heaven, and asking them whether they would like to go there—her relations to her husband were all that could be desired; I never heard any unpleasantness between them—he is a hatter. CHARLES WILLIAM HICKS . I am a commercial traveller, of 20, Queen's Grove Road, Chingford—on 22nd July, about midnight, I was returning home, and on passing the Royal Forest Hotel I heard someone moaning from the balcony—I went there, and found the prisoner leaning against one of the posts of the balcony—I asked her what she was doing there—she said she had murdered her two children, and wanted to be taken to the Police-station—she looked very wild—I asked her what she had done it for—she said they had had the influenza and she had had it herself, she thought they would never get better, and that would be the best thing to do with them—I took her to Chingford Police-station—her clothes were very wet—she had no bonnet or hat on; she said she had tried to drown herself, but there was not sufficient water to do it—I repeated to Sergeant Hicks at the station the statement she had made to me. Cross-examined. She seemed to be in a state of great trouble, and apparently careless of what became of herself. HENRY HICKS ( Sergeant H 33). I am stationed at Chingford-in the early morning of 23rd July I was at the Police-station when the prisoner was brought in by the last witness—he stated in her hearing that he had found her near the hotel, and that she had told him she had drowned her children—I took down her statement—she said her name was Mary Jane Heathcote—I asked her if what she had told Mr. Hicks was true—she said, "Yes"—I cautioned her, and said, "Where are your children?"—she replied, "In the water; I walked into the water with my children and left them there; I tried to drown myself, but the water was not deep enough; I then walked out"—I said, "How old are your children?"—she said, "Five, and three years"—I said, "What are their names?"—she said, "Florrie and Cissy"—I said, "What is your husband's name?"—she said, "Joseph Heathcote, residing at 69, Kynaston Road, Stoke Newington"—I said, "Where are the children?"—she said, "In the water, in Epping Forest"—I said, "Why did you do it?"—she said, "We have all been ill"—she signed that statement—I noticed that her clothing was saturated; everything was wet—it is about seven miles from Kynaston Road to Chingford—the matron found this book. Cross-examined. It was wet—she seemed very ill and in great distress, thoroughly worn out. DAVID JONES ( Inspector, Chingford ). At half-past twelve in the early morning of 23rd July I was called up by the last witness; I went to the Police-station and found the prisoner there in custody—I asked her where her children were—she said, "In a stream in Epping Forest"—I asked her why she had drowned them—she said, "I did not want to go home, as we had all been ill"—I asked her if she had been drinking—she said, "No, I never drink"—I got assistance, and made a search in the neighbourhood, and in about an hour and a half found the dead bodies of two female children floating in a brook on Chingford Plain; the water was about nine inches deep and about four and a half feet wide—I had the bodies brought to the station, and the prisoner was then charged with having murdered them—she made no reply—they were identified by the father the same day—Mrs. Jackson identified them on the 25th at the inquest. Cross-examined. The brook runs to the foot of the field behind the hotel; it varies in depth, but in no part is it really deep—the prisoner was dazed and distressed—I examined the brook, and saw no signs of any struggle—I found her hat on the other side of the brook, and these gloves were floating in the water by the side of the children. JANE RICHARDSON . I am matron at Chingford Police-station—I searched the prisoner there on the morning of 23rd July and found this memorandum-book, which I handed to the inspector—she said to me, "I have drowned my two children"—I said, "Perhaps you have made a mistake and left them at home"—she said, "No, I left them in the water quite dead"—I asked her why she had done it—she said, "Because they had all been so ill with influenza; they could not get well"—I asked her how she had got to Chingford—she said she had walked all the way, carrying the children by turns—I asked her if her husband was kind to her—she said, "No woman could have a better husband. " Cross-examined. I asked her if he was fond of his children, and she said, "He doats on them"—she said, "I wanted to drown myself, but the water was not deep enough; I wanted to find another water, but it was so dark I could not see"—I remained with her all night, till she was brought to the Court at eleven next day—during the whole of that time she appeared to be thoroughly dazed and worn out—I do not believe she was in her senses; she seemed thoroughly out of her mind—there was no sign of drink upon her; she complained of her head and back—during the night she said, "They were ill so long; I could not bear them to suffer any longer. " GEORGE BURGESS ( Sergeant N 208). I examined the children's clothing after they had been taken out of the water—in Florence's jacket pocket I found these pebbles; they weigh about half a pound. WILLIAM GRAY ( N 204). I am stationed at Chingford—I was present when the prisoner was brought in shortly after twelve—while Sergeant Hicks was sending a telegram the prisoner motioned to me that she wanted to speak to me—I went to her, and she made this statement to me, which I took down. ( Read: "I took my two children to Epping Forest. I lost the last train. I then took them to a stream in Epping Forest with intention to drown all three of us. My children lay in the water, and I lay on top of them. I found the water too shallow to drown myself, and I walked out and left them in the water.") GEORGE FREDERICK FULCHER , M.D. I practice at Chingford—I saw the prisoner at the station early in the morning of 23rd July—I first examined her physically—I then asked her if there was anything that troubled her—she said that she had recently suffered from influenza, and that her children had also suffered from that complaint, that they did not get better, that she had taken them into the country to aid their recovery, but it was useless, they did not get better, but just wasted away—she complained of pains in her back and head, and that she had suffered from sleeplessness—in her then physical condition I did not feel justified in pushing my inquiries further—she had a very weak action of the heart, and duplicate action of the valves—apart from that her physical condition was fairly good—the same morning I saw the bodies of the two children—the immediate cause of death was suffocation by drowning—they were well nourished, carefully dressed, and, as far as I can judge, healthy. Cross-examined. She also said she could not bear to see the children suffering—I formed an opinion as to her mental condition, that she was in sane, suffering from typical melancholia—in a woman of her temperament, brooding over the state of her children would cause the mind to give way—her long walk of seven or eight miles would naturally precipitate matters. PHILIP FRANCIS GILBERT . I am medical officer of Holloway Gaol—I have kept careful observation of the prisoner since her admission there—she has been under constant watching—when I first saw her she was of unsound mind, suffering from melancholia—although she is now better, I still think that she is not responsible—beyond the melancholia she has had two almost maniacal attacks while in the prison—attacks of acute mania. GUILTY of the offence charged, but being of unsound mind at the time. — To be detained till Her Majesty's pleasure be known. Before Mr. Recorder. 728. WILLIAM TUCKER (54) , Indecently assaulting Grace Willings . NOT GUILTY . 729. WILLIAM KRAMER (33) and JAMES KRAMER (21) , Maliciously wounding John Parsons . Second Count, occasioning him actual bodily harm. MR. KEITH FRITH Prosecuted, and MR. TURRELL Defended. During the progress of the case the prisoners PLEADED GUILTY . James to the Second Count, and William [PLEADED GUILTY] to a common assault. JAMES — Two Months' Imprisonment. WILLIAM — To enter into his own recognisances in £20 to keep the peace for six months. 730. FREDERICK MILES (21) , to embezzling 6s. 7½d and other sums, of Albert Blaydon Mansfield , his master, and to a conviction of felony in April, 1888, in the name of William Harvey. [Pleaded guilty. See original trial image.] — Three Months' Hard Labour. And (731). FREDERICK JOHNSON (17) , to stealing fourteen pocket knives, the property of Arthur Melvill , after a conviction of felony at West Ham , in February last, in the name of Richard Smith.— [Pleaded guilty. See original trial image.] Eight Months' Hard Labour. 732. FREDERICK HAMILTON , Unlawfully suborning Frederick Stanfield to commit perjury. MR. A. METCALFE Prosecuted, and MR. SHERWOOD Defended. ALFRED HENRY PITTARD . I am clerk to the Justices of Brentford—on 11th July I was at Brentford Police-court, when the prisoner swore this information. ( This stated that Frederick Hobbs obtained from his assistant, Frederick Stanfield, hosiery value £2 5s. by the false pretences that he was authorised by the informant to have them, applying for a warrant for Hobbs' arrest, as two more charges would be brought against him. )—on that a warrant was issued, and Hobbs was brought up next day, July 15th, and charged before Mr. Mackintosh and Mr. Shaw with obtaining goods from Hamilton by false pretences—Stanfield was examined, and I took a note of his evidence—he said, "I live at 6, Durburtson Terrace, Han well, and I am errand boy to Mr. Hamilton, a hosier. Prisoner came into the shop on Monday evening about seven, and asked for Mr. Hamilton. I said he was out. Prisoner said he was going to meet him that afternoon, and as he was not there he would take the things Mr. Hamilton said he was to have. He then asked me for six white shirts, two ties, a hat, seven pairs of socks, and nine collars. He choose them from the stock; the value was £2 5s. I gave him the things. I gave him the goods believing his statement that Mr. Hamilton said he was to have them. I told Mr. Hamilton on Tuesday morning. Prisoner said he would settle up with Mr. Hamilton. I knew prisoner before; he used to have things from the shop. I have been told not to give credit,"—this prisoner was then sworn and said, "I know prisoner, and have done so for six months; he has dealt with me before, and paid for them. I did not give prisoner any authority to obtain the goods on Monday evening. I had seen prisoner in the morning, and told him I was going out for the day. On the 14th Stanfield spoke to me; I went to prisoner's lodgings. I said, 'What do you mean by fetching things from my place, getting the things from my boy?' He said, 'I'll settle with you. I said, 'Yes, at Brentford,' He came to the shop afterwards. I told him I was going to get out a warrant for him. He said, "If you talk to me I'll punch you in the b----mouth.s' The boy has orders not to give credit." George Felton was then sworn. ( Evidence at page 1135)—on that a remand was ordered till July 18th, when the boy gave evidence again, and said, "Mr. Hamilton told me to say that the prisoner said he had seen Mr. Hamilton and that he was to have the things; what he actually said was, "Is Mr. Hamilton in?"; I said, "No"; and he said, "I want some things;" and he then chose them and he took them away—he said he would settle with Mr. Hamilton. Cross-examined. I told Mr. Hamilton the first story was not true, and he said, "Well, that's what you will have to say at Brentford."—on that the charge was dismissed, and Hobbs took out a warrant. Cross-examined. Hobbs did not cross-examine Hamilton at the hearing of the charge—I have no recollection of any cross-examination or sugges tion that Hamilton was in debt to the present prosecutor. Re-examined . Hobbs was not present on the first occasion, but he was on the second. FREDERICK HOBBS . I live at Walton Park Road, Hanwell—I was formerly a grocer's assistant—I am doing nothing now; I have just come from the country—I have known the prisoner six months—I bought things of him before this matter, and we were partners for three or four months, as betting-book-makers—that ceased about three weeks before July 11th, and the result is that he owes me £17—I asked him for it, and he kept promising to pay me—he had given me some money, and he had goods on credit at his shop to about £2 15s. or £3, but not in part payment—I have not paid him for them; I owe him £2 15s., and he owes me £17—on 13th July, about 9 a.m., he came and told me he was going to London; I asked him if he would pay me some money—he said he would pay me £5 or £6 about three o'clock in the afternoon—I did not see him during the afternoon, and I called at his shop between six and seven o'clock and saw Frederick Stanfield—I asked him if Mr. Hamilton was there, he said, "No"—I said I wanted half a dozen shirts, and selected shirts and other articles to the value of £2 5s., and took them away—I did not say to the boy that Mr. Hamilton said I was to take the things, or anything of the kind. Cross-examined. The suit of clothes I have got on I got from the defendant on credit, and they have not been paid for—I have a running account with him—I was fourteen years a junior assistant—I had a china-shop eighteen months, and I was a betting agent eight or nine months—Hamilton and I both kept betting-books—it is not true that I am very heavily in debt—there are judgment summonses against me, because when I was in trade my wife was in the hospital—I have been to Ascot and made a few bets—I made so little that I had to travel back to Hanwell without paying my fare—I was not charged—I asked to see the stationmaster—a letter was sent with no name to it—I have been convicted of defrauding the London and South Western Railway Company—that was a mere accident, I took a ticket from Willesden to Hanwell, and travelled on without a ticket, and gave a wrong name and address, and I pleaded guilty to the charge and paid the fine—I believe my betting-book is at home—I rode down to the court in a cab with Stanfield and his mother, but did not talk to him on the way—I had sent his mother down to get him to tell the truth, so that nobody could make him swear falsely again—I do not know that after the first hearing before the Magistrate the boy was discharged for giving me credit; the shop was shut up directly afterwards, a day or two before the prisoner was charged—the boy did not tell me he had been discharged—I have not known him all his life—I did not stand godfather to him—I wanted the goods, to go into a situation, and I should have been in one long ago if it had not been for this case—I said, "Is Mr. Hamilton in?" because I thought he was in and was keeping out of my way in case I should ask him for some money—I know Mr. Glenny; I did not say to him that I had succeeded in doing Mr. Hamilton—I did not say, "I have been and done old Hamilton while he was out; look here," holding up the white shirts. Re-examined . Stanfield and his mother and I live at Hanwell—it is a long way round to Brentford by train, and the most convenient way is by cab—I knew they were going to the Court—I did not speak to the boy and try to get him to alter his evidence. FREDERICK STANFIELD . I was in the prisoner's employ as errand boy—on 13th July Hobbs came into the shop, and said, "I want some things; I saw Mr. Hamilton this morning, and he has gone into the City, and I will settle up for the things to-morrow morning"—he took them away—he did not say that Mr. Hamilton said he could have them—Mr. Hamilton did not return till next morning, Tuesday; I then gave him a shilling I had taken for goods sold, and a paper on which I had written down Mr. Hobbs' things; that was all the business I had done that day—I told him that Hobbs had been in and had the goods, and would settle with him on that Tuesday morning—he paid, "You should not have let him have them," and went out and returned in a few minutes and told me to say at Brentford that Hobbs said that Hamilton said he could have the goods—I said "All right," but I said it was not true—he said, "You mind and stick to it"; and he said it again on the way to Brentford—I was sworn at Brentford, and said, "I live at 6, Durburtson Terrace," etc. ( As before, see page 1132)—that was not true—I afterwards spoke to my mother about it, and in consequence of what she said I determined to give evidence again on the 18th; I then said, "Mr. Hamilton told me to say," etc. ( As before, see page 1132)—what I said on the 18th is true. Cross-examined. I have known Hobbs a long time; I lived next door to him about three years, and knew him quite well—I was forbidden by the prisoner to give credit once, but as he knew Hobbs I thought he would not mind—when he came back he was angry with me—Hobbs came in twice; he had two sets of goods—he picked the things out the first time about seven o'clock, and said, "Don't forget to put them down"—on the second occasion, five or six minutes afterwards, he had more things, and said he would settle on Tuesday—when he came in the second time he had not got the parcel with him—I was a fortnight in Mr. Hamilton's employment—I was not discharged on the Friday—he gave me a holiday on the Friday, and told me to meet him on Saturday, and I gave my evidence, and he told my mother he should not want me any more—I told my master that Hobbs said he had seen him in the morning, and I thought it was all right—I drove to Brentford in a cab on the Saturday with my mother and Hobbs—I had no conversation with Hobbs about it before that—before I went into the prisoner's employment I was employed by Mr. Squiers; he sold his business. SARAH STANFIELD . I live at Hanwell—Frederick Stanfield is my son—between July 15th and 18th he told me something—I did not give him any advice—on the 18th I went with him and Hobbs in a cab—Hobbs did not say a word to him about the evidence he was to give that day—I should have heard it if he had. Cross-examined. The only advice I gave my son was to speak the truth—I knew Mr. Hobbs years ago; I do not know whether he paid for the cab; I did not—I did not go into the Court. GEORGE FELTON ( Detective Sergeant X ). On 18th July, about 1.30, I arrested the prisoner on a warrant, which I read to him—he said, "What a young liar; what I told him was to adhere to his statement at Brentford"—that was on the day of the second hearing; he had been in Court all the morning, and heard what the boy said. Witness for the Defence. JAMES GLENNY . I manage my father's business, the Duke of York public-house, Hanwell—I know the prisoner and Hobbs—one evening in July Hobbs came there and said, "I have been up to old Hamilton, and got a hat, shirts, and ties, which I think will be all I shall get, out of the £16 he owes me." GUILTY .— Two Months' Hard Labour. Before Mr. Common Serjeant. 733. JAMES BROWN (20) and ALBERT DIXON (19) , Stealing 168 lbs. of lead pipe fixed to a dwelling-house. Second County for simple larceny. MR. DRAKE Prosecuted, and MR. BURNIE Defended Dixon. CHARLES RAYNER . I am a builder and estate agent—I had charge of 7, 8, and 9, Millais Terrace, Leyton Road, which were not in occu pation—there was no caretaker—I received information and kept watch on the houses, with my brother, from 10 a.m. to a quarter to 3 p.m., when I saw a donkey-barrow pull up with two men in it about a hundred yards from where the lead was stolen—I ran round and got into an empty house facing No. 9, and saw the prisoner Brown get over the side wall, and a few minutes afterwards Dixon drove up in a donkey-barrow—Brown brought a sack out with some lead in it, put it on the barrow, and drove away with it—I had seen the sack in the house in the morning—I ran out, stopped Dixon, and told him I wanted him for stealing the lead, which I identify; I value it at 15s.; I saw it attached to the closets two days before—considerable damage had been done to the property—some lead had been taken previously, which has not been found—I gave Dixon in charge—he said he had not stolen it, he bought it at a house which was going to be pulled down, of the care taker, I think he said. ALBERT RAYNER . I was with my brother on 12th August—Brown brought the lead out of the house, and Dixon drove up—I arrested Brown. ERNEST HAMILTON . I live at 3, Union Terrace, Leytonstone, near Millais Terrace—on 11th August, about 6.30, I saw the two prisoners go to a wall of a corner house by the side of Millais Terrace and get over—I saw a donkey and cart and a sack containing lead pipe in front of the house; the lead shone through a hole in the sack—I communicated with Mr. Rayner the next morning. Cross-examined. It was broad daylight—three houses are closed up, and three shops out of seven. FREDERICK RIDGWAY ( J 550). On 12th August, about 3.30, I followed the prisoners—Brown was in the custody of Mr. Rayner, and his brother was handed over to me—he said, "Well, governor, we bought the lead"—I took them to the station, where Dixon said, "We bought the lead of a labouring man, who we do not know"—the houses were going to be pulled down. HARRY BUSTIN ( J 318). I took Dixon on 12th August at 2.55; Brown was with him—Mr. Charles Rayner gave him in custody—he was charged at the station, and said, "We did not steal the lead; we bought it of a labourer, who said that the houses were going to be pulled down." Cross-examined. Several of these shops were shut up—I did not notice that the shop door was battered in and gone—all the houses in the street had shops attached to them. The prisoners in their statements before the Magistrate, said that they drove up with a donkey cart, and asked to buy old iron, and a labourer sold them this lead for 4s., and promised them more if they came again, which they did, and were taken in custody. GUILTY on the Second Count. ( Dixon's mother gave him a good character ).— Judgment respited. 734. GEORGE RUSSELL (51) , Indecently assaulting Susan Snow , a girl aged twelve years. MR. BURNIE Prosecuted NOT GUILTY . 735. CHARLES GILDERSLEVE ** (47) PLEADED GUILTY to stealing a metal screw, the property of Her Majesty , having been convicted at Greenwich on 22nd April, 1891 . — Six Months' Hard Labour. And (736). GEORGE HENRY ELSEY (25) , To unlawfully obtaining 14s. 3d. from Henry Parkins , and 14s. 3d. from William Frederick Lefever , with intent to defraud.— [Pleaded guilty. See original trial image.] Four Months' Hard Labour. Before Mr. Recorder. 737. FREDERICK DAVIS (28) , Breaking and entering the dwelling-house of Henry James Martin , with intent to steal. MR. TURRELL Prosecuted HENRY JAMES MARTIN . I am a solicitor's clerk, living at 13, Clare mont Road, Leyton—on 26th August I left my house securely fastened early in the morning to go to Yarmouth, and returned on 2nd September, when I found the house in the possession of the police—the inside doors were then all safe and had never been opened, I believe—I noticed marks—I lost nothing that I know of. EDWIN SYDNEY MAYERS . I live at 9, Argyle Terrace, Lancaster Road, Leyton, and am a carpenter—on 31st August I had occasion to go to 13, Claremont Road, while my sister was away—the door was fastened in the usual way, and safe—it was between two and a quarter-past. MATILDA PITT . I live at 3, Claremont Road—on 31st August I saw some men at the beginning of the afternoon, go into 13, Claremont Road—the prisoner and another man were standing outside in the road about the time—I next saw the prisoner at the Police-court on last Satur day week, and I identified him. Cross-examined. I did not see you go into the house—four men were standing on the bridge, and you and your companion left the other two, and came and stood outside the door—as soon as the other two men were in the door you and the other man came—you came down the street while the two men were in the door, and you stood outside the door after the others came out; you were not there while the two men were in the door; the two men went one way, and you and the other man went the other—you did not all four go together—there was Borne space between them—you did not go into the doorway, I am sure—another witness was at the door at the same time as I was. PERCY BLAKE . I live at 2, Claremont Road, Leyton—on the afternoon of 31st August I was in the Claremont Road—I saw the prisoner outside No. 13 in the street with another man—he just entered the gate, and was about an arm's length from the front door—I don't know what he did after that—about half an hour afterwards I saw him at Leyton Policecourt, and identified him—I did not see anybody go up to the door. THOMAS JORDAN WILLIS . I live at 11, Claremont Road, next door but one to No. 13—on 31st August I saw the prisoner go into No. 13—I could not see him reach the door, because I was kneeling out of the window—a man was with him—when I saw him go into the garden I ran downstairs and told my brother, who put on his coat, tie, and hat, and ran out of the house; I went with him—we saw no one—we went all over the place, and then standing at the Cricket-ground we saw the prisoner, who walked away when he saw us coming—my brother caught hold of him, and I fetched a policeman. Cross-examined. It took me about six minutes to fetch a policeman and come back—when I came back you were fighting with my brother—I don't know whether you were moving or not; I did not notice you, because I was talking to the policeman coming back. CHARLES WILLIS . I am the last witness's brother, and live at 11, Claremont Road—on 31st August he said something to me, and I came to the window and just caught sight of the prisoner's back; I was mostly stripped; I put on my things and went out in pursuit—I did not see the prisoner again till I got to the Leyton Cricket-ground—when he saw me he turned round at once to make off, and I went and caught hold of him, and said I should detain him on suspicion, and I told my little brother to fetch a policeman—the prisoner said, "Leave go of me"—I said, "No"—he struggled violently for a quarter of an hour, and we fought to a standstill—he tried to bite me several times, and tried to slip his coat—I did not know this house was empty. Cross-examined. I was told the third time you were waiting about. JAMES DAVIS ( J 382). From information received on 31st August I went to outside the County Cricket-ground, Leyton, and saw the prisoner struggling with Charles Willis—I told him I should take him into custody on information received, for breaking and entering 13. Claremont Road—he said, "It was not me; I was only walking round"—I took him to the station, where he was identified. Cross-examined. I did not say before the Magistrate that I did not see you struggling. JAMES LEONARD ( Inspector J ). On 31st August I went to 13, Claremont Road—I found the front door partly open; there were jemmy marks on the door and door-post, and the bolt of the lock was broken off. Cross-examined. I found no jemmy on you. The prisoner, in his defence, said that one witness said he did not go into the doorway; and the other one said he did. NOT GUILTY . 738. WILLIAM TUCKER (54) , Unlawfully and indecently assault ing Grace Willings , a girl under thirteen. MR. SANDS Prosecuted. NOT GUILTY . Before Mr. Common Serjeant. 739. EDITH HICKFORD , Committing willful damage to a window, value £7, the property of James Neville . MR. TURRELL Prosecuted, and MR. SHERWOOD Defended. JAMES NEVILLE . I keep the Albion, Bridge Road, Stratford—on the night of the 25th July, about 10.55, I heard a crash of glass in my private bar—I went outside, and the prisoner was pointed out to me as having broken the glass—she was running away; I ran after and caught her—she said, "I did not break the window; a man did"—I took her back, and detained her till a constable arrived, and gave her into custody—it was a plate-glass window that was broken; the damage done was £7. Cross-examined. The glass was about a quarter-inch thick, and about six and a half feet by three and a half feet—it was altogether smashed—I have understated the value—I have seen the prisoner many times before; I have always refused to serve her because she has always been under the influence of drink when she has been in—she is eccentric in her manner; she is about the same as usual when under the influence of drink. Re-examined . I had not refused to serve her on this night; she had not been in. JOSEPH SKEEFE . I am a bootmaker, living at 34, Bridge Road, Strat ford, two doors from the Albion—on Saturday, 25th July, about a quarter to eleven, or a few minutes later, I saw the prisoner passing down the Bridge Road; she stopped against Mrs. Gunner's school, and walked into the centre of the road, and up to Mr. Neville's window, and smashed it with her right fist in the centre of the panel—then she took her clothes up (she wears very long dresses) and ran away. Cross-examined. I knew her before—I did not see her face when she did this, her back was towards me—she smashed the window with her fist—I do not know that she is eccentric—I was the nearest person to her; there was no other man in the street at the time. HENRY MURKIN ( K R 66). On Saturday, 25th July, I was called to this public-house, and saw the prisoner detained by Mr. Neville, and she was given into my custody and taken to the station—she made no answer to the charge—she was drunk, but not incapable. Cross-examined. Her husband has served twenty-four years in the army, and has since been employed at the Tower; from what I know he is a thoroughly respectable man—the prisoner had a scratch on her right wrist, which was bleeding slightly—she was drunk when charged, and I returned her as being drunk. The prisoner's statement before the Magistrate: "I never broke the window" NOT GUILTY . 740. GEORGE POTTER (22) and FREDERICK SMITH (20) PLEADED GUILTY to stealing £10, the monies of their master, Charles Phillips ; Smith also PLEADED GUILTY to a conviction of felony in September, 1889.— Six Months' Hard Labour. POTTER — Four Months' Hard Labour. 741. JOHN CONWAY (22) , Stealing, in the dwelling-house of William Henry Reed , thirty ounces of tobacco and other goods, and afterwards burglariously breaking out. Second Count, receiving the same. MR. EARDLEY WILMOT Prosecuted. SARAH ANN REED . I am the wife of William Reed, who keeps the Crown and Cushion public-house, Woolwich—on 15th September, about a quarter to one a.m., I went to bed, leaving the premises safely locked up, and the gas out in the beer cellar—the bar door was locked and bolted—next morning, about two, I was awakened by a knocking—I got up, and seeing nothing, returned to bed—I knew the prisoner as a customer; I did not see him at the bar that night. WILLIAM HENRY REED . I am proprietor of the Crown and Cushion—about eight o'clock on this Sunday morning I came down and found three of the bar drawers open, and a cigar-box in the corner smashed up, and I missed sixty packets of tobacco, two bottles of whisky, and two towels and other property—after this property ( produced ) was shown me by a constable at the station, I identified it as mine—I saw all the people out of my bar about five minutes past twelve on the Saturday night—I knew the prisoner perfectly well as a customer—I did not see him on that night; I was too busy—I also missed this pair of trousers—my name is on the cigars and on the box. JOHN DERBY . I am waiter at the Crown and Cushion—at half-past twelve on this Saturday night I went to bed; the premises, the cigars, and drawers were then safe—next morning I came down at a quarter to six—the doors were fastened—I went on with my work in the yard—at half-past seven I called Mr. Reed—he unlocked two bars, and I noticed cigars all over the place—the top bolt of the door leading into the street was undone; the bottom one was in—by pulling the top bolt down you can open the door, and then if you put to the door the lower bolt will drop in of itself—you cannot get in without pulling the top bolt, which was drawn. Cross-examined. I did not see you on the premises—I was busy. SARAH REED . I am Mr. Reed's daughter—on this Saturday night I saw the prisoner in the bar about half-past eleven p.m.—I did not see him go out, nor did I see him later. Cross-examined. The house was shut up at twelve o'clock; I did not see you then. THOMAS PEGDEN . I work at Woolwich Arsenal—on Sunday morning, 16th Sept., I was between Union Street and Beresford Street, between four and a quarter past four, not a quarter of an hour's walk from the Crown and Cushion, when I saw the prisoner, who asked me if there were any policemen about—I misled him—he was carrying a bundle, and had two boxes of cigars under his arm—I told a policeman what I had seen—at five o'clock I saw another man behind Beresford Street, drinking some thing out of a bottle, and when he had finished he attempted to hit me with the bottle—the prisoner told me he had come out of a public-house, and that he had left the door open. Cross-examined. "When I saw you at the Police-station, I said at first it was not you, because I did not hear you speak; I could tell you directly afterwards by your voice, and I told the policeman it was you. GEORGE COOPER ( R 460). I was on duty on Sunday morning in New Road, and met the prisoner at ten minutes past four—I saw he looked bulky, and asked him what he had in his possession—he said, "I have not got much; what I have belongs to me"—the last witness had not spoken to me; he had been to the police-station—I told the prisoner I should take him to the station—I searched him there, and found he was wearing three pairs of trousers; he had a bottle of whisky and several half ounces of tobacco and cigars in each trouser leg; he had loose cigars in his coat pockets, and he had a bundle containing one and a half boxes of cigars and packets of tobacco—the prosecutor identified the bottles and this pair of trousers, which the prisoner was wearing under his others—he said he had it given to him by a mate in the street he had met; he knew him by sight, but did not know who he was. Cross-examined. You were wearing three pairs of trousers; I told the Magistrate so. The prisoner, in his defence, stated that he received the things from another man, not knowing they were stolen. GUILTY .— He was further indicted for having been convicted of felony in the name of Hugh Connor, on the 19th of May, 1890, at Brentford. THOMAS HANN . I am a warder at Wandsworth—on 19th May, 1890, I received the prisoner into custody after his conviction, and I had him under my observation and saw him daily for all the time—he is the same man I had in charge for two months for that conviction. GUILTY **— Twelve Months' Hard Labour. 742. JAMES MONK (43) , Unlawfully and indecently assaulting Susan Andrews , a girl under thirteen years. MR. SANDS Prosecuted, and MR. BURNIE Defended. GUILTY .— Twelve Month's Hard Labour. 743. JAMES HENRY SPINKS (20) PLEADED GUILTY to stealing, whilst employed in the Post Office, a letter containing five shillings. Three years' Penal Servitude. Before Mr. Common Serjeant, 744. WALTER SILVESTER (17) , Burglariously breaking out of the dwelling-house of Joseph Shaw , after stealing a watch and other articles therein. MR. DRAKE Prosecuted. JOSEPH TRACEY . I live at 1, Crown Edge Wharf, East Greenwich—on 23rd July I came in at a little after eleven, and bolted the scullery door and the back gate—I went to bed, and my wife afterwards woke me up, hearing a noise in the bedroom; she jumped out of bed before me and brushed up against someone—I got up and went out, but saw nothing, and returned and put my clothes on—I found my gates open, and the door which I had bolted the night before—I missed my watch and chain, two gold rings, a key, and 18s. or 19s.; about £10 alto gether. WILLIAM TRACEY . I am the prosecutor's son—on 21th July I found a pair of boots in the yard, concealed behind some timber, about 6 a.m.—I know the prisoner well; I saw him the previous evening, about 8.30, on Anchor Wharf, and noticed spots of red paint on his boots, and those are the boots I found—when he turned them up I noticed that one had a tip on it and the other had not, and they had spring sides. MARY ANN TRACEY . I am the prosecutor's wife—on 26th July I went to bed about 12.30—the door between the scullery and kitchen was not fastened—after I was in bed I heard a noise, and thought it was a kitten in the room, but at last I got out of bed and heard the breath of someone who went out and shut the door upon me—I called out, "Who are you? I think you are a thief "—he said, "All right," and went downstairs with out any boots on—I fancied I had heard the voice before—it was dark; there was no lamp—he ran downstairs, unbolted the scullery door, and ran out—I found a coat belonging to my grandson in the scullery, marked as if somebody had been lying on it—I was the last person who went to bed—I missed a small brooch. RICHARD HOWELL ( Police Sergeant R ). On 24th July the prisoner came, to Westbourne Park Police-station and said, "Do you want to see me?"—I said, "Yes, I am going to arrest you on suspicion of stealing a quantity of jewellery and a purse and about eighteen shillings, belonging to Mr. Duncan, 1, Croydon Wharf"—he said, "Not me; I left Union Wharf last night at 9.30"—I asked him to try on this pair of boots; he put them on, and they appeared to fit him—none of the property has been recovered. THOMAS CASTLE . I am a fisherman, of Greenwich—on 24th July I was coming from my work about 2 a.m., and as I passed Mr. Tracey's premises I saw the prisoner come out at the back gate—I was eight or nine yards off—there was a lamp—I knew him previously, but did not speak to him—I saw him distinctly. Cross-examined by the Prisoner. I did not say at the station that I saw you with a pair of boots on. Witnesses for the Defence. EMMA SILVESTER . I am the wife of Joseph Silvester, and did live at East Greenwich—the prisoner is my son; he was seventeen years old in August—on the night before he was charged I saw him in bed at 11.30, and he was in bed at one o'clock, because I went into his room to get my baby's milk out of the oven, which I had forgotten, and saw him asleep—I know it was one o'clock, because I took the clock into the room—mine is the next room to his—his brother sleeps in a chair-bedstead close beside him—we are lodgers in the house. Cross-examined. The last lodger who comes in is supposed to bolt the door; but we are not very particular—it was not bolted that night; any one can come in and out at any time of night—the brothers slept in separate beds, side by side—my daughter was sitting up at needlework, and the father had gone to bed—I remember the night, because this case came on on the Monday—I have seen a man named Castle—he knows my son; if he says he saw him that morning at two o'clock I should not like to say that it is untrue—he had one pair of boots, spring-side ones; he had worn his others out—I cannot say whether the boots produced are his—it may be ten minutes' walk from where we live to Mr. Tracey's—my son has worked on a barge. ALFRED SILVESTER . I am sixteen years old, and work with my father—I am the prisoner's brother—on the night before he was taken in custody I was in bed first—he came to bed about 11.30, and woke me up; I slept again till one o'clock, when my mother woke me up by coming in—I asked her what time it was; she said, "About one o'clock "—my brother was in bed and asleep then; he got up about 5.30. Cross-examined. I went to bed about ten; my brother was not in the house then; he woke me by getting into bed at 11.30—my mother was in the room and told me the time—he sleeps on the floor and I sleep on a chair—I could see him—he has been at work at Lewisham—he wore spring-side boots when we went out together—I do not know that there were any particular marks on them. Prisoner's defence. Mr. Castle could not see me coming out at the back gate, because I went to the Anchor Wharf. NOT GUILTY . 745. ARTHUR BRINDLEY (18) PLEADED GUILTY to obtaining goods by false pretences from Elizabeth Schwerer ; also to four indictments for forging and uttering orders for £3 7s. 6d., £10, £12 10s., and £10, with intend to defraud.— Six Months' Hard Labour. Before Mr. Justice Lawrance. 746. WILLIAM ALFRED HOWGILL , Feloniously carnally know ing Florence Matilda Rachel Collins , a girl under sixteen. GUILTY .— Five Years' Penal Servitude. 747. ERNEST FAIRBANK (20) , Burglary in the dwelling-house of Nathan Zugovitsky , and stealing four coats and other articles, his property. MR. KYD Prosecuted. NATHAN ZUGOVITSKY . I am a tailor, of Arcadia Buildings, Great Dover Street—on 22nd July I went to bed about 12.30, after locking up my premises—I woke up at 8 a m., I went into my workroom and found my window undone, and that two overcoats, two jackets, two pairs of trousers, a rent-book, a key, and a pawn-ticket were gone; they had all been safe the night before—I afterwards saw them all at the Court; these are they—the value of them is £5. Cross-examined by Prisoner. I did not miss anything else that I know of; you had a handkerchief which did not belong to me. ERNEST HENRY DRURY (702 City ). On 22nd July, at 3 a.m., I saw the prisoner in King William Street; he appeared bulky—I followed him, and at the top of Fish Street Hill I stopped him and asked him what he had got; he replied, "Nothing"—I said, "What is this? opening his coat, and producing from under one arm a pair of trousers and a waistcoat, and from under the other a jacket—he said, "It is my clothing"—I said, "Where did you get them from? "—he said, "I bought them"—I said, "Where? "—he said, "At the bottom of the hill"—I said, "You came across London Bridge"—he said, "No"—I found he was wearing two overcoats, two jackets, one waistcoat, and two pairs of trousers—I said, "Do you usually wear as much clothing as this? "—he said, "Yes, you don't want a fellow to catch cold"—I told him his answers did not satisfy me; he would have to go to the station, and be charged with, the unlawful possession—he replied, "All right"—I took him to the station, where I found on him this rent-book, pawn-ticket, and latch-key—he was wearing no boots, only a pair of socks—the prosecutor afterwards identified the clothing, and the prisoner was discharged and re-arrested on the charge of burglary. ALBERT BOLTON ( Detective M ). On 22nd July I went to this house and examined the window of the workroom, and found that the catch had been forced back by some instrument, so that the window could be opened—I afterwards told the prisoner at the Mansion House that he would be re-arrested for committing a burglary at 3, Arcadia Buildings,. Great Dover Street—I said, "Would you like your boots?"—he said, "Yes "—I gave them to him, and he put them on—he afterwards said, "They don't belong to me; I changed my boots away for the clothing"—the boots were found in the place. Cross-examined. I took the brown paper off the boots and gave them to you. The prisoner, in his statement before the Magistrate, denied that he broke into the place, and said he exchanged his boots for the clothes; and in his defence he stated that he had not worn the boots produced while on remand, and that he was wearing prison boots now. GUILTY **— Twelve Months' Hard Labour. 748. ROBERT HENRY TAYLOR (22) PLEADED GUILTY to two indictments for stealing parcels containing property of the Postmaster General , he being employed under the Post Office. — Three Years' Penal Servitude. 749. WILLIAM HINDE (35) PLEADED GUILTY to five indictments for forging and uttering endorsements to warrants for the payment of money.— Eighteen Months' Hard Labour. 750. PATRICK HARRINGTON (21) , To stealing a watch and chain from the person of Samuel Cope .— [Pleaded guilty. See original trial image.] Two Days' Imprisonment. 751. PERCY SMALLEY (15) , To three indictments for forging and uttering orders for the pay ment of money.— [Pleaded guilty. See original trial image.] Judgment Respited. 752. GEORGE PAGE (55) , To burglary in the dwelling-house of John Thompson , and stealing a clock and other articles.— [Pleaded guilty. See original trial image.] Six Months' Hard Labour. 753. WILLIAM WHYTING (24) , To stealing £152 10s. of the London and County Bank ing Company , his masters— [Pleaded guilty. See original trial image.] Twelve Months' Hard Labour. 754. ALFRED SMITH (25) , To stealing, in the dwelling-house of George Edward Smith , a box and a number of coins. [Pleaded guilty. See original trial image.] — Nine Months' Hard Labour. And (755). SIDNEY AUKLAND (41) , To burglary in the dwelling-house of Reginald Mowlam Flintoff , and stealing various articles, and to a previous conviction in December, 1885.— [Pleaded guilty. See original trial image.] Nine Months' Hard Labour. 756. ALICE MARY STOWE (27) and SARAH STOWE (66) , Charged on the Coroner's Inquisition with the manslaughter of Ernest Bagton Stowe . MR. C. F. GILL , for the prosecution, offered no evidence. NOT GUILTY . 757. EDWARD GEORGE SUTTON (52) , Unlawfully attempting to—carnally know Louisa Sutton , a girl under thirteen; Second Count, Indecent assault. MR. HUTTON Prosecuted. NOT GUILTY . 758. LOUISA HARRIETT AKEHURST , Feloniously marrying George Samuel Allen , her husband being alive. MR. METCALFE Prosecuted, and MR. DAVIS Defended. GEORGINA PATTERSON . I live at 2, Dundas Road, Peckham—I am not married, but I have taken that name—my brother is Francis James Akehurst—I was present when he was married to the prisoner on 27th December, 1876—her name was given as Louisa Harriett Warne—I saw my brother on Monday. Cross-examined. I also saw him about a month before that, and last Christmas—I saw nothing of his wife after the marriage till the case came up—they separated seven months afterwards, and he has been living with another woman, who has five or six children by him. GEORGE SAMUEL ALLEN . I am a clothier's manager—I lived at 26, Queen's Parade, Battersea, from March 4th to May 9th—the house next door, No. 27, is a tobacconist's, kept by the prisoner—I became acquainted with her last Christmas—when I was under the influence of drink she proposed marriage to me, and we were married on 9th March—this is the certificate ( produced )—I am nineteen years old—I was not aware that she was a married woman till about 11th April—after communicating with my father I determined to proceed against her. Cross-examined. I lost my pocket-book, and entered the chief events of my life in this book ( produced )—I do not know whether I put down the date when the prisoner proposed to me—I made business entries in it—the proposal was made about the middle of January—I did not remain under the influence of drink till the marriage—she gave the instructions to the registrar—I did not go the first time; I did the second—I repre sented to the registrar that I was twenty-one years old—that was a lie—two months ago I described myself as eighteen; that was a month before my birthday—I had rather a serious quarrel with her after we were married, but it was much previous to that that I threw a water-bottle and other things at her; that was on March 27th—I did no work after I was married to her; I gave up my situation, and lived on means sent me by my friends. WILLIAM PAINTER ( Birmingham Police Inspector ). I first knew the prisoner in May, 1883, when I had to make inquiries as to her conduct at the instance of the Queen's Proctor, in consequence of which the decree nisi which had been obtained was rescinded—I have her photograph—I saw her many times after 1883, but never had conversation with her—I saw her in May or June, 1888, in Preedy's wine cellars with two females; I saw that she was talking about me, and asked her if she knew where her husband was, if he was still in the North of England—she said she knew where he was, but it was no business of mine—I saw him on a tram in Munt Street, twelve months ago. Cross-examined. I never saw the prisoner in her husband's presence—I asked her the question in a spiteful way, to let the girls know she was a married woman, because she was trying to annoy me—I have since ascertained that her husband deserted her; I found him in the North of England; once was at Huddersfield—he was living with Mary Mc Nulty; I have since ascertained that she is the same woman I saw him with in 1883—I am positive as to 1888, but I cannot spy to a month—the prisoner also said, "He has gone to a hot place." CHARLES PAMPLING . I am a wire drawer, of 6, Laburnum Street, Bir mingham—I know Frederick Akehurst; I called at his shop in Coventry Road, Birmingham, in May, 1888, and had business transactions with him—I also called when he was not at home, and saw a woman said to be Mrs. Akehurst—the prisoner went into the shop as I walked out, and when she came out she said, "Do you know Frank Akehurst?"—I said, "Yes, ma'am"—she said, "Where is he?"—I said, "I don't know, ma'am"—she said, "Never mind, the scamp, I shall see him again"—I did not know who she was. Cross-examined. I had never seen the prisoner before or since till today—Mr. Frank Akehurst first came to me about this. CORNELIUS COLLINS . I am a tailor's cutter, of 181, King David's Road, Birmingham—I know Mr. and Mrs. Frank Akehurst—that is Mrs. Akehurst in the dock—I met her in High Street, Birmingham, two and a half years ago, and asked her how Frank was, in a bantering manner; she said she aid not know, but she would make it hot for him yet—I saw her again in 1888, and asked her how Frank was; she said, "To hell with Frank"—I also met her in 1885, and had a conversation with her about him. By the COURT . She never told me he was dead—she knew where he lived; he was in business in Coventry. GUILTY — Three Days' Imprisonment. Before Mr. Common Serjeant. 759. MICHAEL MORRIS (18) and WALTER MACKEY (27) , Robbery with violence on Joseph Henry Barber , and stealing a scarf-pin and 7s. 8d., his property. MR. SANDS Prosecuted, and Mr. TURRELL Defended Mackay. JOSEPH HENRY BARBER . I am a painter, of 80, Stockwell Road—on Sunday morning, 26th July, I was going home alone along South Lambeth Road, and was accosted by two girls; they caught hold of me by the arms; I pushed them, and told them to go away—one of them called "Jem," and Morris rushed on me from behind a pillar by the railway bridge—we struggled and fell; we got up, he struck me, and we fell again—he whistled, and then four or five more men rushed on me when I was on the ground a second time—I recognise Mackey as one of the other men, and I could recognise the others if I saw them—the three or four men robbed me of 7s. 8d. and a scarf-pin, and kicked me in the side—I cannot say who took the things—I kept hold of Morris till a constable came—I was on the ground—I gave him in charge for assaulting and robbing me—he did not say anything to the charge—the divisional surgeon was sent for to strap my head, as it and my eye were cut open—my hip was kicked, and this finger was about the size of three—I next saw Mackey at the Police-station at twelve p.m. on Thurs day, 30th; I identified him without any hesitation among others. Cross-examined by MR. TURRELL . This was at one o'clock on Sunday morning—Morris came up first, and I struggled with and held him all the time till the constable came; I was struggling with four or five at the finish—as soon as the constable came the other men ran away—I was perfectly sober—I had had some drink through the evening, I knew what I was about; I had been to two public-houses with a friend, and I had gone to a friend's house before closing time, I had no drink there—I went to the station with Morris—I did not go there a second time that night—I did not see Mackey after the Sunday, till the Thursday; if it had been six months I should have known him—there were five men there; all had hats on when they assaulted me—at the station the men had no hats on—I should know Mackey among a thousand; I know his features. Cross-examined by Morris. This happened in the middle part of the arch—I did not strike you till you struck me, and then I struck you in self-defence—I did not make another hit at you when the constable came—I kept hold of you. Re-examined . I had not had too much drink—I gave a description of Mackey before his arrest. DAVID FORD ( W 146). Shortly after one on Sunday, 26th July, I heard cries of "Police! "and went to the railway arch, South Lambeth Road; there are a number of pillars there—I saw Barber struggling with Morris, and five or six other men, who were running away as I came up; Barber held Morris and charged him with assaulting and robbing him—Morris said something about Barber striking him first—a description was given me—I next saw Mackey on Thursday, 30th July, at 7.30 p.m., standing outside the Elephant and Castle public-house, Vauxhall—I told him I should take him to the station on suspicion of being concerned with Morris, in custody, for assaulting and robbing Mr. Barber—he said, "I think you have made a mistake, governor—he gave the address, Vauxhall Chambers, Wandsworth Road, a lodging-house—I went there, and had a conversation with the landlady and the deputy. Cross-examined by MR. TURRELL . I don't know the landlady's name—I know Mackey lodged there occasionally; I have known him for some time—I was at the station when he was placed with four other men who happened to be passing the station—Morris did not come to the station on the Sunday night after he went there with me; if he did, I did not see him. Cross-examined by Morris. This happened in the centre arch—I came up by myself; some time after I had taken you, one of the L Division came up—I did not rive him the tip to knock you about. Re-examined . Barber did not appear to me as if he was drunk; when I got up he was excited and struggling, and smothered with mud and blood; he had had a terrible knocking about—the divisional surgeon was called and dressed his wounds; he had several wounds on his face, and his centre finger was swollen, and he complained of his ribs being kicked. Witness for Mackey. SARAH SANTON . I am married, and I am the proprietress of Vauxhall Chambers, where Mackey has lodged for about two years—on the Satur day night before I heard of his arrest he slept in my house; he came in on the Saturday night about 11.45, because I was going to send my little girl for some fish, and I noticed the time; he paid me for two nights. Cross-examined. I have a deputy, who looks round the beds—it is his business to see who goes in and comes out—he is not here—when Mackey came in he went into the kitchen—I was at my room-door the whole evening till 2.30—I do not go to bed till three—I take note of all the men who come in, because I take all the money—we shut the street door at 1.20, but it is open till 2.30—the bedroom door is locked, so that men cannot get in without paying; we let them in, and they can let them selves out—they can get in and out of the kitchen by the open street door; I see all that come in and go out—I don't remember Ford coming to see me; two plain clothes men came after Mackey's arrest; I could not say if Ford was one of them—I have seen him in Wandsworth Road, and spoken to him—I did not say to the men who came, "I don't know whether he went in or out"—I did not go to the Police-court to give evidence—my lodging-house is three to five minutes' walk from this bridge. Evidence in Reply. DAVID FORD ( Re-examined ). I went to the lodging-house and saw the proprietress on 31st, after coming back from the Police-court; I told her Mackey required her and the deputy to attend the Police-court on the Monday, to prove he was in bed at 11.45; she said, "I saw Mackey at half-past eleven in the passage, but after that I don't know if he went to bed, or where he went; he might have gone out; but I don't know where he went to "—the deputy is not here, nor was he at the Police-court—on Morris was found one shilling in silver and fourpence in coppers—the scarf-pin has not been recovered. Morris, in his defence, said he was walking under the arch when he acci dentally knocked against Barber, who attacked him; that he struck him in self-defence, and he fell on the ground and knocked his head, and the money rolled out of his pocket; and that Mackey was not there. GUILTY .— MORRIS then PLEADED GUILTY **† to a conviction of felony in January, 1889. MACKEY **†— Ten Months' Hard Labour each. 760. CHARLES MARSDEN (36) PLEADED GUILTY to unlawfully and carnally knowing Elizabeth Cable , a girl under sixteen years of age.— Judgment respited. 761. JAMES BROWN (25) to robbery with violence on James Kearn , and stealing from him a knife, watch-chain, and 20s. MR. KYD Prosecuted. During the opening of the case the prisoner stated in the hearing of the JURY that he PLEADED GUILTY to larceny from the person, and the JURY thereupon found that verdict. — Six Months' Hard Labour. And (762). LEONARD TUESKI * (18) , to unlawfully uttering counterfeit coin.— [Pleaded guilty. See original trial image.] Six Months Hard Labour. 763. FRANK GREEN (38) , Unlawfully committing acts of gross indecency with Reginald Marchant . Second County for the like offence with Albert Langford . MR. HUTTON Prosecuted, and MR. ELLIOT Defended. GUILTY .— Recommended to mercy by the JURY on account of his good character.—Judgment respited. ADJOURNED TO MONDAY, OCTOBER 19 TH , 1891.

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CENTRAL CRIMINAL COURT Sessions Paper. ALLEN, MAYOR. FIRST SESSION, HELD NOVEMBER 18TH, 1867. MINUTES OF EVIDENCE, TAKEN IN SHORT-HAND BY JAMES DROVER BARNETT AND ALEXANDER BUCKLER, Short-hand Writers to the Court, ROLLS CHAMBERS, No. 89, CHANCERY LANE. VOL. LXVII Sess. I-VI LONDON: BUTTERWORTHS, 7, FLEET STREET, Law Publishers to the Queen's Most Excellent Majesty. THE WHOLE PROCEEDINGS On the Queen's Commission of OYER AND TERMINER AND GAOL DELIVERY FOR The City of London, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION OF THE CENTRAL CRIMINAL COURT, Held on Monday, november 18th, 1867, and following days, BEFORE THE RIGHT HON . WILLIAM FERNELEY ALLEN, LORD MAYOR of the City of London; Sir WILLIAM FRY CHANNELL , Knt., one of the Justices of Her Majesty's Court of Exchequer; Sir JOHN BARNARD BYLES , Knt., one of the Justices of Her Majesty's Court of Common Pleas; WILLIAM TAYLOR COPELAND , Esq., Sir JOHN MUS GROVE , Bart., Aldermen of the said City; the Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; JAMES CLARKE LAWRENCE , Esq., THOMAS DAKIN , Esq., SILLS JOHN GIBBONS , Esq., Sir SIDNEY HEDLEY WATERLOW , Knt., and JOSEPH CAUSTON , Esq., Aldermen of the said City; and THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer, and General Gaol delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court. DAVID HENRY STONE , Esq., Alderman WILLIAM MCARTHUR , Esq. Sheriffs SEPTIMUS DAVIDSON , Esq. CHARLES MILLS ROCHE , Esq. Under-Sheriffs CENTRAL CRIMINAL COURT . ALLEN, MAYOR. FIRST SESSION . A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age. LONDON AND MIDDLESEX CASES . 1. ADOLPH JUNGTAW (42) was indicted for unlawfully obtaining two rugs by false pretences. The prosecutor and witnesses being called, and not appearing, the prisoner was acquitted. 2. GEORGE COHEN LITTLE (32) and WILLIAM EUSTACE (48) were indicted for stealing 276 yards of carpet of the Midland Railway Company . MESSRS. POLAND and BESLEY conducted the Prosecution. MR. COLLINS appeared for Little, and MR. SLEIGH for Eustace. JOSEPH MOORE . I am a packer to Messrs. John Sheard and Co., carpet manufacturers, of Halifax—on 23rd March last I packed three trusses containing six pieces of carpet, four pieces, and two pieces for J. Easten and Co., of Fell Street—this invoice is my writing—they were stair carpets, bordered, with a green centre—the trusses were marked E 959, 60, and 61—the carpets were worth about 38 l .—I made out a consignment note at the time of packing—I have the counterfoil here—it is not in my writing—I handed this paper to the railway company with the trusses; and the man that received them signed it. ( This was an account of three trusses delivered to the Midland Railway Company, marked E 959-61, for Easten and Co., London ). WILLIAM THOMAS FROOME . I am a carman in the service of the Midland Railway Company—on 25th March last I received three trusses, marked E 956 to 61 inclusive, with this way-bill—they are entered in the way bill for Easten and Co., Addle Street—I went to Addle Street, I made inquiries there, and from what I heard I went to 7, Philip Lane, which leads out of Addle Street—there was no name up there, it looked as if it had been freshly done up—I went to No. 7, I there saw Little, and asked him whether that was Easten's, of Addle Street—he said, "Yes"—I told him I had three trusses of carpet, and showed him the bill—he told me to bring them in, I took them in, and he signed for them, "T.C. Little"—the carriage was paid—I know nothing of any firm of Eustace and Co. in Addle Street—I have delivered goods before in Addle Street, but not to that name. ( The way-bill was for Easten and Co. The goods were described as marked E 959-61, and the receipt was, "Received, in good condition, by T. C. Little" ) Cross-examined by MR. SLEIGH . Q. Did you hear from the persons in Addle Street that Easten and Co. had removed from there to Philip Lane? A. I inquired in Addle Street, not at any place, but of a person that was standing at the corner of Philip Lane—I asked whether he knew the name of Easten, and he said, "Yes, they have moved, and that is their premises I believe in Philip Lane"—the place in Philip Lane looked as if it had been fresh painted; there were no workmen there at the time—the bales had no name on them, only the letter and number—I won't be certain whether or no I said to Little, "You used to be in Addle Street, and I am told you have moved here" I do not recollect whether I did or not—I did not notice whether there were any other goods there. JOHN NELSON . I am a house agent, of 16, Addle Street—I know Eustace—the first I knew of him was at the end of November last—I had some premises to let in Addle Street, and he came to look at them—he came two or three times at least—we agreed as to terms, and I asked him if they were for him—he said no, they were for a Mr. Jennings, and I let them to Mr. Jennings—he told me Jennings was a draper at Hastings—I let the premises to Jennings, and Jennings came and signed the agree ment; that was in Addle Street—there was a written agreement, I have not got it—he paid me in Eustace's presence 30 l . deposit on the fixtures, and 10 l ., one month's rent from the end of November to Christmas, when the agreement was to commence—directly they got possession they put up the name of Eustace and Co.—they went on I think to the end of February or the beginning of March—the name of Eustace and Co. was up the whole of that time—I was at the premises once or twice during that period—at the end of that time the stock was all removed—Eustace told me that Jennings came one evening while he (Eustace) was at Hastings with his wife and family, and took away all his stock—I said, "How will that affect you? you were only paid a salary"—he said, "Yes, I was a partner"—at that time Eustace came to me about some premises that I had to let at 7, Philip Lane—he offered me rent, and I agreed to take him—I said, "I must know who you are, as Jennings turned out so queer as he did, shutting up the place"—he then gave me the name of William Lake—I said, "I thought your name was Eustace"—he said, "No, that is my name"—I said, "Now I must have a reference with you before I agree to take you as a tenant"—he gave me two references—the negotia tion ended in an agreement being signed—this is it—it was signed in my presence by the prisoner, "William Lake"—my name is to it as a witness—he paid me 15 l . for gas-fittings next day—I went after the two refer ences, and I did not like them, and would not have them—I afterwards saw the prisoner, and said, "I won't take these references, they won't do at all"—he then gave me another—I told him I had been to the references, I and they did not know him by the name of Lake—he said, "No, my name is Shearman, that is my real name," and he handed me this card, "Captain William Eustace Shearman, Royal Dragoons"—I gave him possession of I the premises in Philip Lane on 13th March, the agreement is dated the 12th—one morning, about a week or ten days afterwards, about eleven or twelve o'clock, I met him in Addle Street—he was looking up at the different doors, as though to find a name; he stopped me and said, "Mr. Nelson, do you know the name of Easten and Co., of Addle Street?"—I said, "No, yours is the nearest to it, you call yourself Eustace and Co.; why do you ask me?"—he said, "I have got three bales of carpet left at my place in Philip Lane, and they are not for me; I have ordered no carpets, it must be a mistake"—I then went with him to his premises—I there saw three bales of carpet, one bale was partly cut open; they were sewed up in. canvas—I saw the carpet; it was a bordered stair-carpet—he said, "They are not for me, I have ordered no carpets"—I did not see any other stock in the place; I think he said he had not bought his stock at that time—the rent became due on Midsummer Day—some time in April or May I found that the place was closed—there was no name painted up there. Cross-examined by MR. SLEIGH , Q. Did you not observe some bales of cloth in the place? A. No, I saw no goods, only these three bales of carpet standing on the floor—I looked, I had a reason for looking—I was only in one room, there are five floors to the house—when he was in business with Jennings they had a woollen stock and shawls for serving hawkers—Eustace did not tell me that he had ordered goods from Huddersfield; I swear that—he said he had not bought any goods yet, and that was the reason he had no stock at his place—I may have said that I would not swear he did not say he had ordered goods from Huddersfield—I won't say he did not say so—I have no recollection of it—one of his references told me that the pri soner's name was Shearman, and that he had been a captain in the army—I have not taken the trouble to ascertain whether that true or not—he said that Jennings had taken away 500 l . stock—he said that was the reason he had adopted the name of Lake, that he had taken advice on the subject, that he did it for the purpose of protecting himself, if possible, from Jen nings—he said he should bring an action against Jennings—he said that, after I had complained of his giving me a false name. MR. POLAND . Q. Did he explain to you how adopting the name of Lake would protect him from his partner, Jennings? A. No—he said his soli citor had advised him to do it, I did not ask who his solicitor was—I believe this letter to be the prisoner's writing—he had given me no notice to leave the premises in Philip Lane—I found them shut up. MR. SLEIGH . Q. Don't you know that he was arrested at the suit of some manufacturers in the North of England, and lodged in Whitecross Street, about April? A. No, I never heard of it till this morning—I sup posed that Eustace was his name in Addle Street, because he put that name up; he was there all the time, and he appeared to be the acting man. HENRY HORATIO RALPH . I am superintendent of the goods depot of the Midland Railway Company, in Falcon Square—some inquiries were made of me by Easten and Co., of Fell Street, in consequence of which I went to 7, Philip Lane—had seen the carman in the meantime; I think it was about a week after the delivery of the goods—I saw Lit tie there; there were no gods on the premises that I could see; all the bottom of the place seemed to be entirely empty, and there was no name up—I had this way-bill with me—I asked him if that was Easten and Cos.—he said no, it was Eustace—I asked if I could see Mr. Eustace—he said no, I could not, but I could see him on the following Friday or Saturday, and I said I would call again—I fancy he said Mr. Eustace was at Manchester, but I am not positive about that—I went again in three or four days—I asked him then if Mr. Eustace was there—he said no, he was not—I asked him if I could see Mr. Little—he said I could see him on the following Friday or Saturday—I told him what I had come about, that the goods had been delivered wrong, and whoever took them in must have known it—I had the way-bill in my hand at the time, and I said I asked for Little because he was the person that had signed for the goods—I went again on the day he stated and saw Little; Eustace was not there—Little then handed me this letter—I did not at that time know that he was Little—I went away and made inquiries, and then returned, taking with me his land lord—when I came to the door Little was coming out; the landlord said, "That is Mr. Little"—I then asked him what he meant by denying himself to me as he had done on several occasions—he said he was only a servant in the matter, and he did not want to have anything to do with it—I fancy on the last occasion he said he did not know where the goods were, but I am not positive whether he did or not, but he gave me that letter, it was open, there was no envelope to it. ( Read : "Manchester, 11th April, 1867. Sir,—Tell the party who calls about the carpets that, as I had ordered some goods from Huddersfield, I presumed these were them, and directed you to for ward them to my establishment at Hastings, and it was only upon my hearing from there that I have discovered they are not what I ordered. However, they were put in stock, and I believe a portion of them sold, so that he must send in the invoice for them and I will settle it. If they had put a label on the bales the mistake would not have happened. I shall be in London next week. W. Eustace.") A short time after this a summons was taken out for the prisoners to appear at Guildhall Police-court—Little appeared, but not Eustace; Mr. Beard came into Court as solicitor for Little, and said in his presence, oh, it was simply a mistake in the I delivery, and the goods were to be had if we chose to send for them—upon I that the Alderman said I had better go to Philip Lane, and I went with Little—I found the place shut up; it was between eleven and twelve o'clock, I we were not able to get in—Little said, "Oh, it is shut up and I have not I got the key now, Mr. Eustace has got it"—I then went with him to his I lodging to see if Mr. Eustace had left it there—we could not get the key—I went to the place again a few days afterwards, and it was still shut up—I never saw anything of Eustace till he was in custody in October. Cross-examined by MR. SLEIGH . Q. Can you tell me when it was the company first made any inquiry about this property which had been mis delivered? A. No, I took no date down—I should think it was about a week after the delivery—I am not aware that Eustace offered to pay the I company the value of them—I know nothing of any negotiations; some body called on me and I referred them to the solicitors—they said it was a bad job, but no money was offered. Cross-examined by MR. COLLINS . Q. When you returned with the land lord of Little, did he say he was a servant of Mr. Eustace? A. Yes, when he gave me the letter he said he had received it from Mr. Eustance in reply to a letter from telling him of my application—Little appeared before the Alderman on the summons in May, and again in November—I think it was before I brought the landlord that he showed me the letter. JAMES HANN ( City Detective ). In consequence of the non-attendance of Eustace on the summons, I got a warrant—it was issued to some one else—I did not get it till June—I endeavoured to execute it—I did not see Eustace till 16th October, as he was leaving the Green Park, Piccadilly—I stopped him and told him I had a warrant to apprehend him for stealing a quantity of carpet, the property of the Midland Railway Company—he I said he thought the matter was settled—I told him it was not, that he I must go with me to the City—he said he was very sorry, but he never I received the worth of a penny for the carpet—on our way down Piccadilly I asked him where the carpets were left, in Addle Street or Philip Lane—I he said they were left at his warehouse in Philip Lane—I asked him what became of the carpets—he said a person of the name of Prescott took them away and had never paid for them—he said he was at Hastings when the goods were delivered. Cross-examined by MR. SLEIGH . Q. Did he say, further, that after Prescott had got the goods he (Eustace) had offered to pay the company for them? A. He said there had been some statement laid before the I solicitors for the prosecution, and they had promised to lay it before the board—he did not say that he had offered Mr. Sawbridge, the solicitor for the company, to pay for the goods, and that Mr. Sawbridge had promised to lay that proposition before the board—he did not tell me when the offer was made. W. T. FROOME ( re-examined ). I was at the hearing before the Alderman at Guildhall the first time—I could not say the date—I should think it was somewhere at the latter end of April—I was there every time—Little surrendered on each occasion, and was let out on his own recognisances. ABEL PERKS . I am manager of the carpet department at Messrs. Easten and Co's., of 2, Fell Street, and 3 and 4, Hart Street, City—I did not receive three bales of carpet about 25th March from Sheard and Co., only the invoice, not the goods—we afterwards applied to the railway company, and they paid us the value. MR. SLEIGH . on the part of Eustace, submitted that no case of larceny was made out the railway company, in whom the property was laid, having parted, not only with the possession, but also with the property in the goods, and no trick on the part of Eustace being shown in order to obtain possession of them. MR. POLAND contended that the railway company, having only authority to deliver to Easten and Co., had no power to part with the property in the goods to any other parties; that the mistake of the carman in leaving them at the wrong premises did not deprive the company of their property in them; and that the subsequent conversion of them by Eustace to his own purposes was in fact a larceny of the goods of the company, just as much as if he had taken them out of the cart himself. MR. BESLEY ( on same side ) urged that as soon as the goods came into the possession of Little he, by accepting possession of them, might be deemed a bailee for the owner, and that directly Eustace became acquainted with the circumstances and co-operated with him, he was accessory with him as bailee, and then if, contrary to that bailment, they jointly converted the goods to their own purposes, a case of larceny would be established. ( See Reg. v. Robson , 31 Law Journal, and Cox's Criminal Cases, p. 30.) MR. SLEIGH having been heard in reply, the RECORDER decided upon leaving the case to the Jury, not on the ground of the prisoners being bailees, but that the property in the goods had not been parted with; the carman had the limited authority to part with them to Easten and Co. only, and by leaving them in mistake the property was not really parted with. Eustace received a good character. GUILTY . Recommended to mercy by the Jury, especially Little, as acting under the orders of Eustace. LITTLE — Three Months' Imprisonment. EUSTACE — Six Months' Imprisonment. 3. JOHN HULL (20) , Robbery on George Rees , and stealing a chain and medal, his property. MR. GRIFFITHS conducted the Prosecution. WILLIAM WEST ( Policeman G 112). On Saturday afternoon, 9th November, about half-past four, I was standing at the top of Cheapside, and saw the prisoner there, and several others, I saw him go up to the prosecutor, snatch hold of his chain, and run away—the prosecutor hallooed out, "Stop thief"—I ran after him, calling, "Stop thief," and he was stopped by a gentleman, who took this chain from his hand, with the two-sovereign piece attached to it. GEORGE HOWELL . I am a law writer, of Grafton Street, Mile End—I saw the prisoner running towards me, followed by the officer—I caught hold of him and held him till the officer came up—I wrenched his hand open and found this chain in it. GEORGE REES . I am a student, residing at Derby—on the 9th November I was at the top of Cheapside—I had this chain and medal attached to it—my coat was buttoned—some parties behind me got hold of my elbows, unbuttoned my coat, and some one, I can't say it was the prisoner, snatched my chain and ran away with it—I called out, "Stop thief." Prisoner's Defence. I picked it up from the ground. GUILTY . He was further charged with having been before convicted, in May, 1867, to which he PLEADED GUILTY .— Twelve Months' Imprisonment. 4. JANE MARTIN (30) , Stealing a watch and purse of Samuel Smith , from his person. MR. LEWIS conducted the Prosecution, and MR. PATER the Defence. SAMUEL SMITH . I am an engine-fitter, and live at Plaistow Marsh; on Tuesday night, 22nd October, I met the prisoner and went with her to a public-house and treated her—I had with me a purse, a watch, and a stick—I had one sovereign, and I think nearly a pound's worth of silver—I was not exactly sober—I do not think was in the house ten minutes—I almost think she left first—some one asked me if I had lost my watch—I then found it gone, and my money and stick also—these produced are my I stick, watch, and purse—here is a foreign coin which I know I lost with my other money in my purse that night. Cross-examined. Q. You scarcely knew what you had been doing that night, I think? A. Yes—I had come all the way from Brompton, on the I other side of Chatham—I left Strood by the seven o'clock train, and I arrived in London about nine—as far as I can make out, I think I met I the prisoner somewhere near Tower Street—I only went to one place to have drink—I had had some with my shipmates before I left Brompton, and no more till I met the prisoner—I don't know the time I met her exactly—she was a stranger to me—I did not give her these things to take care of—I am married—I gave her nothing, only treated her with a glass—the watch is worth about 9 l . ALFRED THOMPSON ( City Policeman ). On 22nd October, about half-past eleven o'clock, I saw the prisoner in company with another woman in Jewry Street—I took her to the French Horn public-house, in Crotehed Friars, where the prosecutor was; I asked him whether he had lost any thing; he said yes, he had lost his watch and some money—I asked him how much money he had lost, he said he thought about 2 l .—the prisoner said that he was her husband—she denied knowing anything about the watch or the purse—she was under the influence of drink—I took her to the police-station, she was searched by a female, who handed these articles to the inspector in my presence—the prosecutor identified the watch—the purse I picked up on the floor of the station where the pri soner was standing—it contained a half railway ticket from Plaistow to Woolwich—the prosecutor identified it—the purse had no money in it—the prisoner said she knew nothing at all about it. Cross-examined. Q. The other woman was in the station at the same time, was she not? A. Yes—she was discharged by the Magistrate—she was not more than two or three feet from the prisoner—the foreign coin was found on the other woman. MARIA CHAMBERS . I am female searcher at Seething Lane Police-station—I searched the prisoner—I found this watch in her pocket, also 11 s . 6 d . in silver, and some halfpence—she wished me to keep it and say nothing about it. GUILTY .— Six Months' Imprisonment. 5. CHARLES SAVAGE (17) , to forging and uttering a cheque for 44 l . 8 s . 5 d ., also a warrant for the like sum, with intent to defraud.— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.] 6. WILLIAM HENRY SMITH (47) , to stealing a woollen shirt of I Louis Philip Mayer , having been before convicted.— Two Years' Imprison ment. [Pleaded guilty: See original trial image.] 7. AUGUSTE DUAL (27) , to a burglary in the dwelling-house of Thomas Josh Skelton , and stealing two coats and other goods, I having been before convicted.— Two Years' Imprisonment [Pleaded guilty: See original trial image.] 8. WILLIAM THOMPSON (29) , to stealing 245 l . 13 s . 4 d ., and 50 l ., of John Gurney Hoare and others, his masters.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.] 9. FRE DERICK JAMES (23) , to stealing two gold chains, three rings, two brooches, and a writing-case, of the South-Eastern Railway Company , his masters. — Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.] And 10. WILLIAM GROVER (16) , to embezzling 10 s . of Elizabeth Howe .— Four Months' Imprisonment. [Pleaded guilty: See original trial image.] 11. JOSEPH LYNCH (27) , JOHN WILLIAMS (21) , and GEORGE MOORE (18) , Unlawfully having counterfeit coin in their possession, with intent to utter it, to which. WILLIAMS and MOORE PLEADED GUILTY .**— Seven Years' Penal Servitude each . MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution, and MR. WARNER SLEIGH the Defence. CHARLES BROHFIELD ( Policeman X 31). On the afternoon of the 1st November I was in Heston with constable Stanley about four o'clock—in consequence of information, I rode on to Hanwell, and afterwards to Brent ford, where I saw the three prisoners near the toll-gate—they were together, but Lynch then loitered behind for four or five yards—we rode past them—Lynch then joined the other two—we then rode back and took them in custody—I asked them if they had been to Halstead, they said no—I then said I should take them for passing bad money—Stanley assisted me in taking them to the station—I searched Lynch first, and in the bow of his necktie I found seven or eight counterfeit florins, in his waist coat pocket there were three or four more, and in his trousers pocket three bad shillings—there was no good money on him—I found on Williams two keys and a purse—I found on Moore some good silver and fourpence in copper. Cross-examined. Q. Was Lynch's necktie round his neck when you found the money? A. Yes. WILLIAM STANLEY ( Policeman A R 808). On November 1st I was with Bromfield at Brentford—I assisted him in taking the prisoners—I first saw them near the toll-gate at the lower end of Brentford, coming from the direction of Hounslow—Lynch was a little behind the other two—we rode past, and he afterwards joined them—I did not see him conversing with them—we then dismounted—I caught hold of Lynch and Williams; we accused them of passing bad money—I kept my eye behind them, and saw something drop; a man named Goodman picked it up, and I found it was a bad florin—I took them to the station, and was present when they were searched. EDWARD BENJAMIN GOODMAN . I keep the Northumberland beershop at Brentford End—I picked up a florin, which I saw Williams drop—I gave it to Stanley. JOHN HUTCHINGS . I keep the Old George at Heston—that is about three miles from Brentford, and about two and a half miles from the toll gate—on 1st November the prisoners came in—I served Williams with a pint of beer—he gave me a florin—I had no small change, and asked my brother-in-law, Mr. Gilbert, if he could change it—he afterwards brought me the florin again—I gave Williams 1 s . 6 d . change—Lynch had some bread and paid for it himself. WILLIAM GILBERT . I was in the Old George on 1st November, and saw the prisoners come in—he gave me a florin, which he asked me to change for him—I put it in my pocket, and afterwards gave it to the constable—I did not find out that it was bad till the constable asked me for it. FRANCIS POWELL . I keep the Rose and Crown, Heston—I remember Williams and Moore coming—they had a bottle of ginger beer and three-halfpennyworth of gin and cloves, and paid with a florin—I put it in the till; there was no other florin there—I afterwards found it was bad, and gave it to the constable. WILLIAM WADE . I am landlord of the Wolf, Norwood Green, near Southall—on 1st November, about three o'clock, Lynch passed my house, I and two or three minutes afterwards Williams and Moore came across the I green into the house—they had a bottle of soda-water and gave me a florin—I bent it nearly double with my teeth and said that it was bad—I they paid me with good money—I put it on the counter and they picked it up. HENRY ROWE . I am a builder, of Norwood Green, nearly opposite Mr. Wade's—on 1st November, about three o'clock, I saw the prisoners together coming towards Mr. Wade's—they parted company, and Wil liams and Moore went into Mr. Wade's, came out, and went in the direction in which they had come—shortly afterwards Lynch returned and followed I them, reading a newspaper, but I did not see him join them again. WILLIAM WEBSTER . I am inspector of coin to the Mint—these fourteen florins are bad, and all from the same mould—these three shil lings are also counterfeit. Lynch's Statement before the Magistrate :—"I am guilty of haying them in my possession, but I picked them up in brown paper between Heston and Brentford." LYNCH — GUILTY .**— Five Years' Penal Servitude. 12. CHARLES BROWNING (19) , Unlawfully uttering counterfeit coin. MR. COLERIDGE conducted the Prosecution. EDWARD ERRINGTON . I am landlord of the Fountain public-house, New Street, Horselydown—on 11th September, about seven p.m., I served the prisoner with half a pint of half-and-half, which came to 1 d .—he gave me a sixpence—I told him it was very bad—he said that he did not think it was; but, as I had taken two precisely like it, I gave him in custody with the sixpence. RICHARD NEALE ( Policeman 380 A R ). The prisoner was given into my custody with this sixpence—he was taken to Southwark Police-court, remanded for one day, and discharged—I had to make Inquiries about him. CHARLOTTE COOK . I am the wife of George Cook, who keeps the Bull, Crown Street, Soho—Mrs. Reed, my mother, was staying with me, and was serving in the bar on 15th October—I saw her serve the prisoner with a pint of half-and-half, which came to 2 d .—he gave her a shilling—she gave him the change, put the shilling in the till, and the prisoner left—I then went to the till—there was no other shilling there—I took it out, found it was bad, and gave it to my husband—on 9th October the pri soner came again—I served him—he gave me a shilling, which I thought was not good—I called my husband, gave it to him, and said in the prisoner's presence that it was not good—he said, "It is the same as the one we took on Tuesday—I said, "This is the man who came in on Tuesday and gave us a bad shilling, and he has just given me another." Prisoner. I was not there on Tuesday. Witness. I am quite positive you are the person. GEORGE COOK . On 15th October I received a bad shilling from my wife—I put it on a shelf at the back of the bar—on Saturday, 19th October, my wife called me, and said in the prisoner's presence that he was the man who passed the bad shilling on the previous Tuesday, and gave me a shilling—I gave both shillings to the policeman—the prisoner denied being in the house on Tuesday. PATRICK WINTERS ( Policeman 142 A R ). I took the prisoner, and produce two shillings which I received from Mr. Cook—he had two shillings and threehalfpence in copper on him. WILLIAM WEBSTER . These coins are whist-markers defaced, and sil vered over to represent sixpences and shillings—they are rubbed down to leave the Queen's head and "Victoria" on them—they are apparently intended to resemble and pass for sixpences and shillings. GUILTY .— Nine Months' Imprisonment. 13. RICHARD WOODGATE (32) , Unlawfully having counterfeit coin in his possession with intent to utter it. MR. COLERIDGE conducted the Prosecution, and MR. W. SLEIGH the Defence. MART ANN SMITH . I live in Charles Street, Drury Lane—about half-past one on the morning of November 6 I met the prisoner at the corner of Oxendon Street—he offered me half a crown to go with, him—we went up Oxendon Street into Orange Street, when he gave me three shillings, and I gave him sixpence change—I did not look at the three shillings till he was going away, and then found they were bad—I told him so, and he said that he had not got such money on him, and that they were not bad—he went away, and I hallooed, "Stop thief!"—I saw him stopped—he was searched at the station—I gave the bad money to the policeman. EDWARD BESSON ( Policeman 178 C ). About a quarter to two o'clock on 6th November I heard a cry of "Stop thief!" and saw the prisoner running—I stopped him and asked him what was the matter—he said, "Nothing; it is all right; I am in a hurry"—I said, "I must detain you till somebody else comes"—the prosecutrix came up and said that he had given her three bad shillings, and she had given him a good sixpence in change—he said that it was false; he had not seen her before—I took him to the station—on the way there I heard something drop, turned my light on, and saw a bad shilling at the prisoner's feet—he tried to get away, but I got him to the station, and found in his pocket a cabman's badge, a latchkey, knife, comb, and pocket-book—I heard something rattle, and found in his bosom, between his shirt and his flesh, ten florins, one half-crown, and twenty-nine shillings, all bad; a good sixpence, and three Sadowa medals—the waistband of his trousers was very tight. WILLIAM WEBSTER . Here are two shillings of 1846, and one of 1865, all bad; and the two of 1846 are from one mould—these ten florins are bad—here are fifteen bad shillings of 1846—several of them are from the same mould as the other two—here are fifteen shillings of 1862, several of which are from the same mould as the one—here is one counterfeit half-crown and three brass coins. The Prisoner's Statement before the Magistrate ;—"I had a job by the Ele phant and Castle, from Whitechapel Church, by three men. I set them down; they paid me. I found the coin in the cab, and had no idea that it was bad." The prisoner received a good character. GUILTY .— Eighteen Month's Imprisonment. 14. WILLIAM SMITH (40) was indicted for a like offence. MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution. JAMES BRENNAN . I am appointed by the Treasury to inquire into these cases—on 4th November, about 11.30, I was going to the Grey hound public-house, and saw Inspector Brennan struggling with the pri soner, who had got him down, in Compton Street—we were obliged to throw the prisoner down, and ultimately he was taken to the station—when there he said, "Are you not going to charge the other gentleman?"—that was a person named Reardon, better known as Barlow—I said, "What gentleman?"—he said, "That man outside?"—I said, "Whatever you say will be used in evidence against you; he is entitled to hear any accusation you make against him"—he was called in, and the prisoner said, "That gentleman I saw put a packet on the seat where he sat; I picked it up and walked out, and while I was walking along I was seized by the inspector, who took it from me; I went into the Greyhound to see a person respecting a dog, and I saw this man (meaning the prisoner, who was discharged) put a packet down on the seat; I picked it up and walked out"—Reardon was searched and detained till Thursday—no bad coin was found on him—I received this coin ( produced ) from Inspector Brennan. JAMES BRENNAN ( Police Inspector ). I went to the Greyhound about 11.30, and shortly afterwards saw the prisoner come out with one hand in his right coat pocket—I followed him to Old Compton Street—he looked right and left, and then undid a tissue paper packet and put something into his left hand and returned the paper to his coat pocket—I stopped him; he struggled so violently that I had to get assistance to throw him down—I then took four counterfeit shillings from his hand, and this piece of tissue paper ( produced ) from his pocket—I asked him how he accounted for the possession of the bad money—he said, "I picked it up"—I said, "That will not do for me, "and took him to the station—he said that he was sent to the public-house to make inquiries about a dog, saw a man put the parcel on a seat by his side, and he picked it up—that man was after wards taken, and remanded, and discharged. WILLIAM WEBSTER . These shillings are bad. Prisoner's Defence. I picked it up, and went outside and looked at it, and the inspector took it out of my hand. GUILTY .**— Five Years' Penal Servitude. 15. HARIETTE GREEN (18) and FRANCES KNIGHT (19) , Unlawfully uttering counterfeit, coin. MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution. JOSHUA STUBBS . I am assistant at a Spanish wine house, 70, Lower Thames Street—about a quarter to twelve on 1st November I saw the prisoners pass, one leaning on the other's shoulder, and five or ten minutes afterwards Knight came in for a glass of port wine, which came to 3 d .—she gave me a half-crown—I had no change in the till, and went next door to get it—I gave her the change, and put the half-crown into a leather bag where there was no other, and she left soon after—I after wards found it was bad—Green came in goon afterwards for a glass of port wine and paid with a half-crown—I asked her if she had any smaller change—she said, "No"—I said, "I will go and get change"—she said, "Never mind, I will get it"—I went out to see if it was good, and, being told that it was, I gave her the change—I afterwards found it was bad, and put in my pocket with the other—about six p.m. Green came again for a glass of port wine—she gave me a bad florin—I had previously given instructions to my boy Kirby, and handed the florin to him—he went out and brought a policeman, who brought Knight with him, and I gave Green in charge with the half-crown and florin. Green. Q. Did I not get the half-crown from you? A. No; I never changed any larger piece of money for you than a half-crown—I knew you before. Knight. Q. You put my half-crown in the till? A. I did not, I put in a sovereign and some coppers. EDWARD RICHARD KIRBY . I am twelve years old, and am errand boy at the wine shop—on Friday morning 1st November, Green came in for a glass of port wine—my master went out to get change, and put the half-crown in a little leather bag—Green came in at night, and gave a florin to Stubbs—I had been instructed before, and went out to get change—I got a police man, and saw Knight and a man leaning against the railings—the policeman took them in custody and brought them to the wine shop, and I gave him the coin. HOULD GODDARD ( City Policeman 814). I was on duty, and was sent for to the Spanish Wine Vaults—going there, I saw Knight with a man named Phipps standing opposite the wine shop, on the other side—they could see across to the shop, but could not see in, because the doors were closed—I asked them what they were doing, the man said, "Nothing"—I took them to the wine shop, where Stubbs accused Green of passing a bad half-crown that morning, which he handed to me—I marked it, and also received a bad florin from Kirby—Stubbs also gave me a half-crown, which Green had uttered—Green said that she had received it from a gentleman—I took them to the station, and the man was discharged at the Mansion House last Tuesday. WILLIAM WEBSTER . These two half-crowns and this florin are bad. GUILTY . Recommended to mercy by the Jury. GREEN — Eight Month's Imprisonment. KNIGHT *— Nine Month's Imprisonment. 16. ELLEN JAMES (20) JAMES DICKSON (32) , and JOHN RICKETTS (20) , Robbery with violence on Edward Bramall , and steal ing a scarf and pin, his property. MR. STRAIGHT conducted the Prosecution. EDWARD BRAMALL ( Policeman 158 A R ). On Saturday, the 19th October, about twenty-five minutes to twelve, I was in St. James's Park, in front of Buckingham Palace, in plain clothes—I saw the female prisoner about halfway between Buckingham Gate and the front of the Palace—at that time I had a scarf and a pin, which cost about 35 s .—I was in a very sharp walk, as I had to get in before twelve o'clock, and she came up to me and said, "Are you in a hurry, dear?"—I told her to get out of the way, I did not want to be annoyed by her—she kept dodging me backwards and forwards till we got opposite a lamp-post—I passed that into a dark place, where any one who sits can see those who come by, but they cannot be seen, when she instantly made a grab at my scarf and pin, and took my scarf off, with the pin in it—it was a buckle scarf—just as she snapped at it I was knocked down by three men—Ricketts kicked my legs from under me—I can't say where they came from—I had got hold of the woman at the time—I was just turning round—I saw Dickson there—he struck me under the ear during the time that Ricketts was kicking my legs from under me—I was then walking, just turning round to run after the woman—they threw me on the ground—Ricketts got on the top of me—I turned him over, and pulled Dickson down—I got him with his head under my arm, and tried to take him with me while I went after the woman, who was then going away with the other man, who is not in custody—I could not get Dickson along fast enough, so I had to let him go to apprehend her, and when I apprehended her I was instantly knocked down by the man who was with her—Dickson tried to get away all that he could, but he did not punch me or anything of that kind—the two male prisoners ran away, when I apprehended the female with both hands, and the man who is not in custody bit me in the thumb—I was bleeding very much when I got to the station—I tried to detain the man, but could not—I retained the woman till 326 A came up, and I handed her into his custody—I saw the male prisoners again on the Monday week, the 28th, in Short's Gardens, Drury Lane—they shifted from there, and I followed them to the Lyceum Theatre, as 1 had not a constable then—I recognised them—I then followed them to the Adelphi, in the Strand, where I came in connection with a constable, and apprehended Dickson—he punched me violently in the neck to get away—I told him the charge, he said, "All right, I will go"—I gave him into custody, and took Ricketts myself—I was on plain-clothes duty at the time. James. Q. Where did you first see me? A. In front of Buckingham Palace: you met me. Dickson. Q. Did the sentry come to your assistance? A. No; I shouted for him, he was about thirty yards off—I had a distinct view of your face—I am sure of you—if you wore a moustache, it was a very slight one, something like three days' growth—you appeared to be very dirty at the time. COURT . Q. Did you know either of the prisoners by sight before? A. No. GEORGE LARCOMBE ( Policeman 326 A ). I was on duty on Saturday night, 19th October, in St. James's Park, in front of Buckingham Palace—I saw a crowd of people, and went up—Bramall said to me, "Take this woman in charge"—he had got hold of her—I asked what she had done—he said, "She has stolen a scarf and pin from me"—I took her in charge, and searched her, but she had not got the pin—I took her to the station, and returned to my beat, and when I returned I saw Ricketts sitting on a bench handy to St. James's Palace—I should say that would be from thirty to sixty yards from where I took the woman into custody—it was about one o'clock—I should say there were nearly twenty people collected when I took the woman. The Prisoner's Statements before the Magistrates were read as follows :— James. "I was going along and met the prosecutor running fast; he said he would take me into custody for stealing his scarf. I said I had not been in his company. He said, 'Whether you have been in my company or not, I will give you in charge; you are my prisoner;" Ricketts and Dickson both say , "All I have to say is, I know nothing at all about it, and don't know the other prisoners." James's Defence. I am entirely innocent; I know nothing more at all about it than an unborn babe. Dickson's Defence , The. policeman says I did not wear a moustache on this occasion; I have witnesses to prove that I did, and that I have worn it for four years, and that I only shaved it off on the 28th, so that if he did see me on the 19th he must have noticed that I wore a moustache. I know nothing about the young woman or the man here. Rickett's Defence. I know nothing at all about it; I neither know the man nor the woman; I never saw them before in my life. Witnesses for Dickson. ROBERT HANSER . I have known Dickson about five years as a fellow lodger in the same house all that time—when he first came to England he wore a moustache up to the 28th October—it was a large one—I don't know why he had it cut off—that was on the day he was taken—the man who shaved it off is here. JOHN COOK . I have known Dickson two years—he wore a moustache all the time I knew him, up to the 28th October—I shaved it off—I am not a barber by trade—I lodge in the same house with him—he asked me to take it off—he did not give any reason for it. Cross-examined. Q. How do you come to recollect this particular Mon-day, the 28th? A. On account of his being away from home that night—it was the night he was taken into custody—I am sure it was that night. COURT . Q. What are you? A. A porter at Covent Garden Market—I am in steady work there—I was out at work there for a short time this morning before I came here—I have lodged in the same house with Dick son two years—he has been there longer than that—he is a costermonger, I believe. GUILTY .— Twelve Month's Imprisonment each . 17. JOHN WILLIAMS (31) , Robbery on Frank Lewis Bowers , and stealing a watch, his property. MR. DALY conducted the Prosecution. HENRY MOUNTJOY ( City Policeman 893). On the 2nd of this month, about one o'clock, as I was going through Bishopsgate Church Yard, I heard a cry of "Murder!" and saw the prisoner struggling with the pro secutor on the pavement—he looked round and saw me coming, and then rose up, and, pointing to the prosecutor, said, "That is the b----that got it"—I said, "What?"—he repeated it—I said, "What do you mean?"—the prosecutor was trying to get up—I went and lifted him up, and the prisoner ran down the churchyard—the prosecutor put his hand to his breast, and said, "Policeman, I have lost my watch"—I gave chase and made a grasp at the prisoner, but missed him—he ran on for three or four doors more, and then dropped the watch on the doorstep—I turned on my light, picked up the watch, and took him into custody—this is it ( produced ), FRANK LEWIS BOWERS . I am in the employ of Bowers and Sons, of Wormwood Street—on 2nd of November I was passing through Bishops-gate Church Yard—I saw the prisoner there—he took my watch—we strug gled and fell together and a policeman came up—this is my watch—it was safe before I met the prisoner. Prisoner. Q. Did I strike you? A. No, you used no violence further than struggling to get away. Prisoner's Statement. All I have to say is, there was no violence of any kind. GUILTY .— Six Month's Imprisonment , 18. GEORGE BRAINE (59) , Stealing a ring of Thomas West . MR. LEIGH conducted the Prosecution, and MR. LEWIS the Defence. THOMAS WEST . I am a jeweller, of 3, Ludgate Hill—on Friday, the 8th November, the prisoner came to my establishment and spoke about a ring that he had seen the night before; he said he should like to see it—I showed him a tray full of rings—he looked at them, but did not touch them—he asked the price of one he had seen the night before—I referred to my book and told him the price—he spoke about an order that ho had men tioned the night before as to some spoons and forks—he had been in several times—he asked me if I would send a ring that he selected on the follow ing morning for his wife to see—he gave me his address, 11, Craven Street—after he was gone I missed a ring, not that ring—I gave directions to my assistant immediately. Cross-examined. Q. Had you shown him some rings the day previous? A. No, my assistant had—I did not see him then—I had seen him several times, on nearly every occasion that he called, but I had not shown him rings previously—I had shown him other articles—he spoke about diamonds and other things—he said the rings were expensive, and I accounted for that by telling him that the price of diamonds had advanced—that was about two or three days before—he had said he wanted some spoons and talked about having a crest put on them—he said he would bring the impression—he did not say that he was going to Regent Street, but I think he said he would bring an impression back—he gave his name, "Mr. Braine, 11, Graven Street"—at the time I was showing him the rings he had no handkerchief or anything on the table—I noticed he had nothing. THOMAS STEADMAN . I am assistant to Mr. West—on the day in ques tion I received certain orders from him—I went to an address that was given me, and I saw the prisoner come out of 11, Craven Street—I watched him, he went to Mr. Whistler's, into the private office, and then to Mr. Attenborough's—he there rang the office-bell and went into the office—I went into the front shop and made some communication to the assistant—I then went into the back room and saw the prisoner, and when he saw me he said the ring belonged to Mr. West—this is the ring ( produced ), it is Mr. West's property—I received it from Mr. Attenborough's assistant—it is worth 30 l . Cross-examined. Q. Where were you when you saw the prisoner go into Mr. Attenborough's? A. Outside the shop—I did not hear any conversa tion that took place between him and the assistant—I went into the front shop while he was in the private office—he went into the side door of Mr. Whistler's, the office for pawning; he came out again directly—I should not think he could have had any time for conversation there. HENRY SULLY . I am assistant to Mr. Attenborough, pawnbroker, of 32, Strand—on this Friday the prisoner came to our shop and produced this ring—he asked me the value of it—I asked him who it belonged to, and he declined to say—he said, "I simply want to know the value of the ring," and he did not think we were gutting a proper question to him—I had previously had some description Of the ring—I called in Mr. Steadman and said, "Is that the gentleman it belongs to?" and he said, "Yes, it is"—nothing further took place—he was given into custody. Cross-examined. Q. When he came and showed you the ring, did you ask him whether he wished to pledge it? A. I did, and he said no, he only wanted to know the value of it—I then asked him if the ring belonged to him, and he said no, it did not—I then asked him to whom it belonged—he said, "I decline to say, but it is not mine," or words to that effect—I then called in Mr. Steadman, and then the prisoner said the ring belonged to Mr. West. WILLIAM HENRY MONCTON ( Police Sergeant 18 E ). I was called to Mr. Attenborough's; the prisoner was given into my custody for stealing a diamond ring—I took him to Bow Street and searched him—I found several letters on him, and a piece of sealing-wax with a crest of a panther on it, and 4 3/4 d . in copper—on the way to the Justice-room next morning he said, "I did not know I had the ring, it came out of my pocket when I pulled out my handkerchief; I did not intend to pawn or sell the ring, but I was curious to know its value." Cross-examined. Q. You also found on him a 50 l . debenture, did you not? A. A 50 l . bond in a gold and silver mining company—I have made inquiries about the prisoner—I find he is a person of great respectability, and that he came from China with nearly 400,000 l .—I have also found that he did go to a shop in Regent Street to get the impression. NOT GUILTY . 19. JEREMIAH REGAN (17) and EDWIN BURNETT (22) , Steal ing a watch and chain of Andrew Reid , from his person. MR. WOOD conducted the Prosecution ; MR. STRAIGHT defended Regan. ANDREW REID . I live at 25, Rathgar Road, Dublin, and am a civil engi neer, at present staying at the Castle and Falcon Hotel, Aldersgate Street—on 9th November I was at the top of Cheapside—there was a great crowd—there were a good number of people by my side, one in particular, Burnett—he was apparently blocking my hat, or trying to do so from behind, and doing something in front at the same time, trying to attract my attention—he snapped my watch out and let it hang—I saw another person, it may have been Regan, with it in his hand, and he passed it behind him—the chain was entangled in his person—I kept hold of it for some time, but ultimately I had to let it go, as it broke—the chain was round my neck—I cried out that I was losing my watch—two policeman came up and seized Regan; I held on to Burnett, the crowd in the meantime trying to trip me up—the prisoners tried to get away, Burnett particularly; he threw himself down—I have not seen my watch and chain since. Cross-examined. Q. This was Lord Mayor's day, was it not? A. I believe it was, it was the 9th—there were a good many persons about, but the procession had not commenced—there were no persons before me, except the two prisoners—I was at the edge of the pavement, about to cross. Burnett. I was not there at the first. Witness. I am certain he was. WILLIAM LAYLAND ( City Policeman 643). I was at the barriers in King Street, Cheapside, on the afternoon in question—there was a great crowd of roughs there, bonneting the prosecutor—I rushed to his assist ance, and when I got about a foot and a half from him I heard him say, "I have lost my watch"—I looked down at Burnett's hand, and saw a watch and chain in his left hand—he passed it on to Regan, who was on the left-hand side of him, and he passed his hand behind him—there were a good many hands open to receive it, but I could not get at it in time—Regan tried to get away, but I caught him by the collar, and also Burnett—I distinctly saw what was done—the watch was in both their hands—I did not know them before. The Prisoner's Statements before the Magistrate:—Regan , "I was going to King's Cross. I never was in prison before in my life." Burnett. "I had been to the docks to get a ship going to Australia. I was shoved in the crowd on the top of the prosecutor." GUILTY . BURNETT was further charged with having been before con-victed, in May, 1866; to this he PLEADED GUILTY .**— Seven Year's Penal Servitude. REGAN — Three Month's Imprisonment. 20. WILLIAM THOMAS (22) , Stealing a watch of James Ives , from his person. MR. BRINDLEY conducted the Prosecution. JAMES IVES . I am a commercial traveller, and reside at Cambridge Terrace, Pimlico—on Saturday afternoon, the 9th November, I was in Fleet Street at the time the Lord Mayor's show was returning to the City; I felt a tug at my watch chain, the guard dropped against my waistcoat, and I saw the watch passed to the prisoner by a man not in custody—he made off with it—I followed him through the crowd—he fell in the roadway, a sergeant came up, and the prisoner dropped the watch—I saw it fall—it was picked up by a bystander and handed to the constable—this is it ( produced ). JOHN TURNER ( City Policeman 45). I was in Fleet Street about four o'clock on the afternoon of Lord Mayor's day, and saw the prisoner run through the crowd, and fall in the carriage-way—I picked him up—the prosecutor came up and told me to hold him fast, as he had got his watch—I saw it fall from his hand into the carriage-way. GUILTY . He was further charged with having been before convicted, in November, 1865, to which he PLEADED GUILTY .— Eighteen Month's Im prisonment. 21. WALTER WHITE (25) , Unlawfully obtaining 3 l . from Louisa Needham , by false pretences. MR. HOUSTON conducted the Prosecution. LOUISA NEEDHAM . I am the wife of James Frank Needham, and live separate from him, at 56, Gloucester Street, Pimlico—I was at the Pro menade Concerts, Covent Garden, one night at the commencement of last summer—I saw the prisoner there—he asked for my address, I gave it him—one Saturday afternoon, about a week afterwards, he called on me in Gloucester Street—he gave me this cheque ( produced ) for 7 l . 10 s .—he said he could not afford to give it me all, would I give him some change—I gave him 3 l .—I gave the cheque to my landlady to take to the bank, and she afterwards returned it to me. Prisoner. Q. Did I ask for the 3 l . as change out of the cheque; did not I give you the cheque first, and then ask you to lend me three sove reigns? A. I did not understand that—it might have been so—it may have been a mistake—I do not wish to go against him. JOHANNA NEWNHAM . I keep the house, 56, Gloucester street, Pimlico—the last witness lodges with me—on a Saturday in August she handed me this cheque—I went to present it at the bank in Gannon Street, but there was no such bank—the cheque is on the London and Eastern Banking Corporation—I went to every bank in Cannon Street—they told me there was no such bank there, and I afterwards returned the cheque to my lodger. NATHAN LEECH ( Policeman C 17). I have made inquiries, and can find no such bank as the London and Eastern Banking Corporation—the pri soner was brought to the station on another charge—I said nothing to him about this charge. Prisoner's Defence. I don't understand enough English to be able to say anything. I can only say I did not intend to defraud this lady. NOT GUILTY . 22. WALTER WHITE was again indicted for stealing a book and a pair of boots of Annie Dewhurst . ANNIE DEWHURST . I am a single woman, and live in Seaton Street, Chelsea—I met the prisoner in August last, between Regent Street and Piccadilly—he asked me for my address and I gave it to him—I saw him on the Saturday following, I believe the 17th, at my house—he gave me this cheque for 6 l . 10 s . ( produced ) when he left he took away a pair of boots and a book, I supposed with the intention of sending me others—he said he should take them away and send me two pretty pairs, but he never returned them—I did not give them to him—I do not think he took them with any intention of fraud—I met him again about a month afterwards and gave him into custody. NOT GUILTY . 23. WILLIAM ROBY (27) PLEADED GUILTY to stealing 2132 pic tures and 1440 metal rings of Solomon Albin , also to stealing 630 pictures of Charles Beckman .— Twelve Month's Imprisonment. 24. WILLIAM HEALS (17) , to feloniously forging and uttering an order for 17 s .6 d ., with intent to defraud. — Six Month's Imprisonment. [Pleaded guilty: See original trial image.] 25. HENRY FULLER (14) ,** to embezzling 11 s . 8 d . of Frederick William Benton , his master. One Month's Imprisonment, and Three Years in Wandsworth Reformatory ; and, [Pleaded guilty: See original trial image.] 26. GEORGE PEARCE (21) , to three indictments for stealing bags of William Wodham Cormack and others, his masters. — Fifteen Month's Imprisonment. [Pleaded guilty: See original trial image.] 27. HENRY LUCKIN (24) PLEADED GUILTY to stealing a tablecloth and other articles, of Mark Hutchinson and another, his masters— Judg ment respited. 28. JOHN WILSON (39) ,* to breaking and entering the dwellinghouse of John Fletcher , and stealing therein two watches, his property.— Nine Month's Imprisonment. [Pleaded guilty: See original trial image.] 29. WILLIAM WILKINSON (33) , to stealing one waistcoat, the property of James Alfred Finney , also one pair of trousers and one waistcoat of the Commercial Clothing Com pany Limited. — Six Month's Imprisonment. [Pleaded guilty: See original trial image.] 30. GERALDINE MEURICE (33) , Stealing one cloak, the property of John Augustus Nicolay . MR. POLAND conducted the Prosecution, and MR. RIBTON the Defence. SELINA JAVAN . I am assistant to John Augustus Nicolay, a furrier, of 82, Oxford Street—in September, 1865, this letter was handed to me; I read it in a hurry, and selected four or five sealskin cloaks, which I took to 17, St. Petersburg Place, Bayswater—some one, who appeared to be a servant, received the goods from me; she had rather a sallow complexion, dark hair, and a cast in one of her eyes—she took the goods into another room, and in a short time brought back four of them, keeping a circular cloak, value eighteen guineas. KATE SQUIRES . I live at 5, Bedford Place, Rotherhithe—I first knew the prisoner at Binfield Place, Clapham, as Mrs. Somerset, and as Mrs. Morris at the same time—I knew Louisa Frost and Miss Bristowe, who lived with her as servants—Mrs. Frost had one of her eyes fixed, she was lady's maid to the prisoner, and lived with her—she was tall, and her complexion was dark—she lived with the prisoner from December, 1864, to June or July, 1865—I have seen the prisoner write; this letter is her writing, to the best of my belief. Cross-examined. Q. Have you seen her write frequently? A. No—I do not remember seeing the girl with the fixed eye write, but I know her writing, and will undertake to say that the letter is not hers—I have not said at Marlborough Street that their writing was so much alike that I could not swear which was which—I said so of one letter which was shown to me—I said that I was unable to swear whether it was written by the prisoner or by the girl with the fixed eye—there is perhaps a similarity between the two—I believe this letter to be the prisoner's—if it purported to come from a house where Frost was, and Frost only, and the prisoner had not been mixed up with it in any way, and I was asked, "Is that not the writing of Frost?" I should not answer in the affirmative—I will swear that I do not believe it is Frost's—I have known the prisoner as Mrs. Somerset since December, 1864—I have heard of her for a great many years, but have not known her—I did not know her living at Woollenhall—I have heard that she was married to Mr. Morris, and was living with him in great luxury and splendour—I know that when they separated he allowed her a considerable income, and she still lived in good style in apartments—she adopted my niece and educated her at some expense, but not at considerable expense. MR. POLAND . Q. Did she pay the school bill? A. I believe not—her real name is Morris I believe, and not Meurice. MARY JONES . I know the prisoner, and have seen her write—this letter is her writing, to the best of my belief—I knew her twelve or four teen years ago, and till within the last two or three years by the name of Morris—she never took any other name to me. Cross-examined. Q. Was she living at a place called Woollenhall? A. Yes, as Mr. Morris's wife, I believe—that is near Barnet—I do not know whether she was visited by her family, I attended her professionally as nurse, she was suffering from a disease for which I applied leeches—I was only there a few hours, I went in the morning and came back in the evening—she lived in great splendour, and a servant in livery touched his hat to me—I saw Mr. Morris there on one occasion—I know the prisoner was married to him, as I got a copy of the certificate of her marriage for her some time after—they separated for some reason or other about ten years ago, and to the best of my belief Mr. Morris made her a very hand some allowance—I do not know whether she took her original name of Somerset after they separated, she never wrote to me in that name—I have heard that she has taken that name since, but I never heard of it before—her name was Clowes before she was married—she married a Mr. Clowes, and there was a judicial separation—her maiden name was Jones I think, she told me that her mother's name was Jones—the first time I heard her go by the name of Somerset was after she was separated from Mr. Morris—I do not think I have attended her since she has gone by the name of Somerset—I have not seen her for four years till I saw her at Marlborough Street. MR. POLAND . Q. You never knew her in the name of Somerset? A. No—she told me that her mother was Mrs. Jones, that she married Mr. Jones. HELEN RUTTERS . In the middle of July this year I saw the prisoner write in this book at the top of the left page ( produced ). ( Letter read :—"Mrs. Somerset will be obliged by Messrs. Nicolay sending some of the best sealskin mantles for choice, quite loose in shape; nothing like the jackets or fitting to the figure will suit. Mrs. S. is at present confined to her bed by illness, which is the reason she cannot, drive up and select for herself. 17, St. Petersburg Place, Bayswater.") SELINA JAVAN ( re-examined ). When the woman brought back the things one was kept, and I had an order to make a sealskin hood, which I afterwards took to 17, St. Petersburg Place, but found that they had gone away—no complaint was made that the goods were not sent in compliance with the letter. MR. RIBTON contended that this evidence ought not to be received, as the prisoner was never seen, nor was her voice heard; the lady's maid might have acted without instructions and appropriated the article herself. The COURT received the evidence, as the letter was written by the prisoner, who was proved to live at the house, and no complaint had been made that the goods had not been sent. MR. POLAND . Q. When you saw this woman with the cast in her eye did you ask to see Mrs. Somerset? A. Yes; but the woman said that she was too great an invalid to see any one—she took the cloaks into another room, and came back and said that the lady had kept the circular cloak at eighteen guineas—she gave me a further order to make a hood of seal skin of a particular design to suit her—I told her it would be ready in three days, and left—I had the hood made, and took it home in four or five days—I saw a light in the hall, and knocked and rang for three-quarters of an hour, but could not get admission—I made inquiries of the neighbours before I left, but was not able to find the prisoner or her ser ant till I saw her at Marlborough Street—I got no trace of Mrs. Somerset till she was in custody in the present year—this was two years ago last September. Cross-examined. Q. Did you believe that she was of the Somerset family? A. Yes, Lady Somerset's family, the Beaufort family. MR. POLAND . Q. You had no idea that her name was Morris? A. I thought she was a respectable lady. THOMAS EELES . I am superintendent of the Dorset constabulary—I took the prisoner at Swanage, in Dorsetshire, in September this year—she answered to the name of Meurice—a person was living with her who I understood to be her servant, and who was of middle height and had some peculiarity about her eyes—I took possession of what property in the house I believed to belong to the prisoner. I found no sealskin cloaks. MR. RIBTON contended that there was no case against the prisoner. The cloak was sold, and if Messrs. Nicolay had sent to demand the money next day it would have been for goods sold and delivered, and if the vendor parted with the goods, even on a dishonest contract, it was not a felony, but a false pretence. MR. POLAND submitted that it was for the Jury to say whether the prisoner's original intention in writing for the cloak was a trick to get it into her possession with a view to steal it, and if so it was I larceny. The COURT considered that Miss Javan had the cloaks only for I the purpose of transferring them to Mrs. Somerset, but there being no transfer to Mrs. Somerset, but to Mrs. Morris, that was not a parting with the pos session. of them; that it was a question for the Jury whether the prisoner got possession of them at all, and if so, with what object. GUILTY . 31. GERALDINE MEURICE was again indicted for stealing one box, value 3 l ., of Michael Myers . MR. POLAND conducted the Prosecution, and MR. RIBTON the Defence. MARY KEENE . I am the wife of Henry Keene, and am assistant to Michael Myers, a trunkmaker, of 27, Wigmore Street, Cavendish Square—on 27th May the prisoner called in a brougham—I went down to it, and she asked me to let her see some ladies' travelling dress-trunks—I asked her if I should bring them to the carriage—she said yes, as she was such a very great invalid she could not get out—I took some trunks down to her with the porter's assistance, and she selected two, but she required some alterations in them, and the letter "H" painted on them very large, as her Christian name was Harriet—I was to send a receipted bill, as they would be paid for on delivery—she gave her name, Mrs. Frazer, The Cottage, Hampstead, and drove away—on 29th May a tall woman calling herself Mrs. Frazer's maid drove up in the brougham—she had a defect in one of her eyes—she gave me this card ( produced ) with "Mrs. Frazer" on it—she said that Mrs. Frazer sent that card, and asked if we would lend her one of our travelling trunks until her own was finished, as she was called out of town unexpectedly—I lent her one, value three guineas—her boxes were to be sent home on the Friday, and this was to be returned—I gave her boxes, with "H" on them, to the porter on the Friday, and the receipted bill—he carried them away and brought them back the same day—I did not see the prisoner again until she was in custody—I heard no tidings of her or of the trunk—I identified a box which was shown to me at Marlborough Street, ELIZABETH BEVENGTON . I live in Greek Street, Soho—in April and May last I was the landlady of The Cottage, Hampstead, which I let to the prisoner, as Mrs. Frazer, on April 22nd, at 10 l . a month—she paid me one month in advance, but I was not paid the second month—I returned from Paris on 28th May, and found the cottage shut up—I had no tidings of the prisoner till she was in custody recently. HENRY KEENS . I am shopman to Michael Myers, of 27, Wigmore Street, Cavendish Square—at the latter end of May I received two trunks to take to Mrs. Fraser, The Cottage, Hampstead—I went there and found the place closed—I knocked at the door half an hour and received no answer—I made inquiries in the neighbourhood, but was not able to trace her. THOMAS EELES ( Superintendent Dorset Police ). I took the prisoner on 7th September at Swanage, where she was living in the name of Mrs. Meurice—I searched two boxes there, and found a quantity of cards with "Mrs. Frazer" on them, but none with the name of Meurice. GUILTY .— Eighteen Months' Imprisonment. There were other indictments against the prisoner. 32. CHARLES WOOD (35) , Stealing one purse and 3 l . 8 s . in money of John Tann , from his person. MR. COOPER conducted the Prosecution, and MR. MCDONALD the Defence. JOHN TANN . I am a groom, and live at 14, Bouverie Street, Fleet Street—on 11th October, at a few minutes past ten at night, I was talking to a woman at the corner of Chancery Lane and Fleet Street—I had not known her before—I felt something at my coat pocket, and missed my purse, containing 3 l . 8 s .—I said, "You have taken my purse," and took hold of her—the prisoner rushed up, and I clearly saw her pass the purse into his hands—I am sure he is the man—it was close by a lamp, and I cannot be mistaken—I called "Police," and he ran towards Temple Bar—I followed him to Bell Yard, and found him stopped by a constable—I had not lost sight of him—this ( produced ) is my purse and money. Cross-examined. Q. How long had you been with the woman? A. About ten minutes—I had not been drinking—I suppose she was a woman of the town, but she did not ask to go with her or to give her drink—this was four or five yards from the lamp at the corner—I had never seen the prisoner before—I saw my purse while I was with the woman, because, having once had my trousers pocket cut out, I took my purse out and put it into my right tail pocket with my gloves. LEWIS SPRINGETT . I am a hairdresser, of 3, Upper Cleveland Street, Euston Road—I saw Tann at the corner of Chancery Lane, grappling with a woman—the prisoner was trying to take her away—I can swear to him—Tann said, "You have taken my purse and given it to the man;" he said, "No, I have not got the purse"—he walked up to Temple Bar, and then ran, and Tann followed him—he orossed Fleet Street, and went up Bell Yard—I stood two or three yards from where the struggle took place, and picked up this purse, I should think exactly at the spot where the prisoner stood—I waited till the prisoner was brought back, and then told Tann I had found it. Cross-examined. Q. Do you mean to say that you went back to the very spot? A. I never moved till I picked it up. SAMUEL MILLER ( City Policeman 484). I was in Bell Yard, and heard cries of "Stop thief"—I met the prisoner running, and Tann a few yards behind him—I stopped the prisoner, and Tann said, "I charge this man with taking a purse from a woman, who took it from my coat pocket, in Chancery Lane"—the prisoner said, "I have not got the purse," and offered to be searched—I told him he must come to the station, where he would be searched—he tried to get away—I threw him on the ground, got assistance, and took him to the station—he gave a false address. GUILTY . He was further charged with having been before convicted, at this Court, in the name of Charles Frost , in November, 1862, to which he PLEADED GUILTY .**†— Seven Years' Penal Servitude. 33. JOHN MAHONEY (23) and WILLIAM BELL (33) , Burglariously breaking and entering the dwellinghouse of Jacob Rosen , with intent to steal. MR. JUNNER conducted the Prosecution, and MR. CUNNINGHAM . Defended Mahoney. JACOB ROSEN . I am a capmaker, of 46, Cannon Street, St. George's-in-the-East—on 3rd November I shut up my house—the doors and windows were safe at 11.30—I was awoke at twenty minutes to three by my servant crying, "Master, master, get up; there are burglars"—I opened the front window and called "Police"—I opened my bedroom door, and found that other doors were open—one of two boxes was broken open, and the things strewed about the room, the window of which was open—I looked out and saw one of the prisoners descending a ladder—I went down stairs, opened the middle room door and the shop door, and found Mahoney in custody in the street, next door to my house—the second box had been tried to be forced, but they had not succeeded. Cross-examined. Q. Were any of the things taken away? A. No—the top box had not been locked—the house has only one storey—the man I saw in custody was the one I saw going down the ladder, because he had a light coat on. MARY TOWNSEND . I am the prosecutor's servant—on 3rd November, early in the morning, I was disturbed, and found the two prisoners inside my room with a light in their hand—I am sure they are the men—I screamed for my master, and called "Police;" they put the light out, and ran out at the back window—I heard a smash of glass, but cannot say what it was. Cross-examined. Q . How long were they in the room after you saw them? A. Not a second—they had a kind of small candle, not a dark lantern—I had only a glance at them for a second, but saw the light coat of the one and the light trousers of the other, by which I identify them. MR. JUNNER . Q. Did you see the general appearance of the men? A. Yes, one had a blue cap on—I am quite certain, from their general appearance, that these are the men. ROBERT SMITH ( Police Sergeant K 47). I was passing Mr. Rosen's house, heard a cry of police, and saw Bell come out of the next house, which was unoccupied—I followed him a little way with another sergeant—he ran and we ran—I told 179 K to follow him, and then returned to the unoccupied house, stood in the road four or five minutes, and saw Mahoney come out of the unoccupied house, the door of which had been left; open by Bell—I called to him to stop, but he ran a hundred yards—I called to a constable, who turned his light on and stopped him, and I took him to Mr. Rosen's, where Mary Townsend identified him—I found a ladder from the yard of the unoccupied house to a window of Mr. Rosen's house, the first floor back—the two houses are flush at the back, and there is a party-wall between them—it was a very long ladder, and it was put askew—I went to the house and found articles lying about the floor—Bell wore a blue cap—the back door of the unoccupied house was open. Cross-examined. Q. Do you say that you saw Mahoney come out of the house? A. Out of the unoccupied house, which was open front and back—there was no other person in the street—there were boards nailed up at the window, but anybody could get over them, and then into the yard—I found no housebreaking instruments on Mahoney, but there were a quantity of matches on the window of the room where the ladder was—I did dot find a candle or a light—I did not lose sight of Mahoney—I am positive of him. Bell. You never saw me come from the house at all, I was sitting on the doorstep—I had been drinking. NEHBMIAH SHEERING ( Policeman 179 K ). I followed Bell from Den mark Street—he placed himself in a doorway, where I took him and took him back to the house. BELL — GUILTY .— Nine Months' Imprisonment. MAHONEY — GUILTY . He was further charged with having been convicted at Clerkenwell in the name of Thomas Smith , to which he PLEADED GUILTY .**— Seven Years' Penal Servitude. 34. THOMAS JONES (30) , Stealing one watch of John McCondrey from his person. MR. WOOD conducted the Prosecution, and MR. DALY the Defence. JOHN MCCONDREY . I am an apprentice to F. and R. Morley, ware-housemen, of Cheapside—on 1st November, about a quarter to ten o'clock, I was at a fire at Bishopsgate Street—the prisoner stood on my left hand—I felt my chain being pulled, I put down my hand, and caught the prisoner by the wrist; he was just withdrawing his hand from my waist coat with my chain in it—my watch was gone—I saw it at the station—I said to my friend, "This man has my watch n—the prisoner said, "I have not got it, that man over there has it"—I looked to my right and saw a man going through the crowd who looked at me several times—my watch was quite separate from my chain when I saw part of my chain in the prisoner's hand—my watch was worth 6 l . Cross-examined. Q. Have you any idea what became of your watch? A. I thought he had passed it to another person—I do not know why he should not pass the chain as well—my watch was brought to me on the way to the station by a boy—the prisoner made no efforts to get away—he said, "That man has it." MR. WOOD . Q. How far off at that time was the man who he said had the watch? A. Five or six yards, and the crowd was all round me. JAMES NEWBURT . I am a fellow-apprentice of the last witness—I was standing by him at the fire, and he told me the prisoner had his watch—he was holding the prisoner by the wrist—I saw him given in custody—he said that he had not taken it, another man had taken it—I saw the chain half in the prisoner's hand and half in the prosecutor's. HENRY LINES . I was in the crowd and picked up the watch, I fell on my knees to get it—I gave it to the constable, and saw the prisoner being taken to the station. EDWARD MITCHELL ( Police Sergeant ). I was clearing the mob away for the fire-engines to come up, heard a cry of "Police!" and saw Newbury and the prosecutor holding the prisoner—I caught hold of him, and he was just dropping a chain from his hand—a boy brought me the watch, which I have had ever since—the prisoner said that he did not do it, another man did it. GUILTY .— Six Months' Imprisonment. 35. JOHN PRIEST was charged on the Coroner's inquisition only with feloniously killing and slaying Thomas Fisher . MR. PALMER , for the Prosecution, offered no evidence on the inquisition, the Grand Jury having ignored the bill. NOT GUILTY . 36. RICHARD MORRIS (42) , Feloniously attempting to set fire to his house with intent to detraud. Messrs. METCALFE and LEWIS con ducted the Prosecution, and MR. RIBTON the Defence. WILLIAM YATES . I live with my father at 3, Green Bank, St. George's-in-the-East, two doors from the Turk's Head, which is kept by the pri soner—it is not far from Ratcliff Highway—on the Sunday in question I saw three children leave the house—I do not know the time, but it was three or five minutes before the fire—after they had gone the prisoner went out of the house at the door in Bird Street, and went in the same direction as the children—that is the front door; he locked it, and took the key with him—I was standing by the lamp-post opposite the house—the street is a little wider than from you to me—in three or five minutes I saw smoke coming from the window below, level with the ground, and heard like some bottles fall on the floor, level with the ground, and smash—there was a pretty fair smash—I ran to see if I could see Mr. Morris in the direction he took, but I could not; I went back, got over our back wall into his yard, and saw three or four people in his yard—I assisted in getting some water—my father went into the cellar first, and I went in with the fireman and another man, and found this parcel of gunpowder lying between two casks in a brown bag—the two casks were close together—I did not notice any appearance of burning—I called the fire man's attention to the powder—this is it, but this is not the paper. Cross-examined. Q. Were you the first who saw the powder? A. Yes, as far as I know—my father and two or three gentlemen had gone in before me—fireworks are prepared a long time before 5th November, but I had none this time—I had been in the bar before, but not in the cellar. JOHN TOWZELL . I am a stevedore, and at this time lived at 3, Green Bank, two doors from the prisoner—on Sunday, 13th October, about four o'clock, I heard an explosion—I went to the front door, and saw the boy Yates outside, and smoke coming from all the windows of the Turk's Head—I got over the paling, which are nine feet high altogether with the bank on which they stand, and went down the yard; the back door was open, and I went in—I saw the cellar door open, and flames coming from a spirit cask in the cellar—there was no appearance of burning anywhere else—there was nobody in the house—I was the first that went in—the cellar door was broken in two pieces—it is a wooden door—one board, on which the lock was, was burst off and burnt in two—it had fallen outwards—I got some water, and put the flames out, and found some bung cloth, light canvas on fire; it was between two casks of spirits—there was not a great quantity of them; they were all taken afterwards and put into a tub—there was no blaze from the bung cloths, only fire—as far as I could see, there was nothing else but the blaze of the spirits—the casks were not burning, the cock was a quarter turned, and the rum was running from the cask—after I put the flames out I discovered a brown paper bag of powder on top of a beer cask which was about six feet from the spirit cask—there was a smell of gunpowder and spirits—the gas was not on, the fireman came in and lit the gas in the cellar—the flame coming from the spirit cask was six or seven inches high. Cross-examined. Q. Was the door of the cellar open? A. Yes, it seemed to have been broken open from the inside—the lock was wrenched off from the inside, and the back door was open—I saw a hole in the bagatelle-room, communicating with the cellar—I do not think anybody could drop through it into the cellar—it was not big enough to admit me. CORNELIUS SUTTON ( Policeman K 301). I went to the Turk's Head at a few minutes after four, it may have been ten minutes—I got in through the tap-room window and saw a coal fire in the grate—I went to the top of the cellar and found the door broken open, and the lock lying on the floor: not on the cellar side, but on the other side, in the passage—I saw Towzell there—there was a smell like mixed spirits, and a great smoke; you could scarcely see, and it was enough to take your breath away—I threw some water down, and then went down into the cellar and saw a little flame coming from some bung cloths which were in the centre of the cellar—I helped to pick them up and put them in a tap-tub—on one barrel, just under the stairs, was a paper packet with gunpowder in it, and there was a packet laid underneath the cellar steps, about a foot and a half from the other barrel—I went over the premises, but found no one there except those who were assisting me—the prisoner came about five o'clock, and I said, "Mr. Morris, there has been afire in the cellar, and there has been some gunpowder found"—he said if any was found there somebody put it there out of spite, and that he had locked the place up before he went away and had got the cellar key, and he showed it to me—I told him that the rum was running—he said that it was not running when he went out. COURT . Q. Did you see any broken bottles in the bar? A. Yes, three white glass bottles, as if they had had liquor in them—they were larger than quarter-pints; they looked as if they had just fallen from the shelf. WILLIAM WITHERS . I am foreman of the Salvage Corps, and live at 14, Wellclose Square—I am over the whole of the fire offices in London—on 13th October, about twenty-five minutes to five, I went to these premises, went into the cellar, and noticed a quantity of smoke—I saw that some bung cloths had been burning, and some rum had been running from a cask—the bung cloths smelt strongly of rum—my attention was drawn to two packets of powder on some casks—I found 1lb. 6oz. in the two packets—this bag ( produced ) had been exploded, so that I was obliged to take it out and put it into another paper—I picked up the packet with the name on it off the barrel; that had not exploded—the other, which had been exploded, was picked up afterwards; Sergeant Proctor gave it to me—the smell was like an explosion of powder—I went to the house between seven and eight in the evening, and asked the prisoner where he was insured—he said in the Royal Fire-office, for 550 l .—I asked him how he accounted for the powder I being on the cask in the cellar below—he said that he could not account for it unless he had some friends about him who owed him a spite—I asked him what that hole in the bagatelle-room was, near the bagatelle board—he said that they must have come in from the back entrance, and gone down that hole into the cellar—I asked him how much rum he thought he had in his cask—he said that he thought it was about half full—I said, "That will be for you and the surveyor to settle in the morning"—I told him I would leave a man all night for safety, and if he heard of anything to let me know—he said that his wife had gone to Stratford, some of his children were at school and some at church, and that when he left the house there was no one there at all—these ( produced ) are some of the bung cloths, more than an ordinary tub full were picked up and put in a tap-tub, more than thirty—I did not see them till they were in the tub—pieces of paper were mixed with them, as there are with this; they were wet with rum and water. Cross-examined. Q. What was the size of the hole in the bagatelle-room? A. About seventeen inches by fourteen—it is a trap for shooting coals or coke into the cellar below, and is big enough for an ordinary-sized man to go through—it is a communication with the spirit cellar—the cellar door opens outside—I have not got the lock here, one or two days afterwards it was put into a fresh piece of wood and put on the door again—the bung cloths were not packed up till a fortnight afterwards, they remained in the tub—the prisoner was given in custody in a few days—the business went on as usual on the Monday—I do not know whether he served in the bar. WILLIAM PORT . I am sub-engineer of the Metropolitan Fire Brigade—I got to the premises about twenty-five minutes to five, and went into the cellar—the gas was not alight, the cock was about half on, and the gas was escaping. EDWARD GAMBLE ( Policeman 49 K ). On 14th October I had a con versation with the prisoner, and wrote it down at the time—this is it—I asked him if the powder could be placed in the cellar from the street; he I said, "No"—I said, "If not, how could it be done?"—he said that he did not know—I said, "Was the house closed at three p.m. on the Sunday?"—he said, "Yes"—I said, "Who was the last person in the house?"—he said, "A man named Saxton"—I asked him if he had lately discharged a potman; he said, "No"—I said, "Has your son bought any powder, or any one else in the house?"—he said, "No, there was no powder in the house"—I said, "Who was the last person in the cellar?"—I he said, "I was, I went to draw a pint of bitter ale"—I said, "Was the back door left open?"—he said, "No; it was fast"—I said, "Was the front door fastened when you went out?"—he said,"Yes, no person was in the house, my wife and family went to the other house, in Old Gravel Lane, at four p.m., and returned at five minutes to five, and I am certain some one must have been concealed in the house"—that was all the conversa tion—I examined the hole in the bagatelle-room, it was seventeen inches by fourteen—the room goes up a step or two from the ground floor—there was sand on the floor, which appeared as if no one had entered the room—no person could have entered without removing the sand from the ledge where the doors fit into. Cross-examined. Q. Was the trap shut or open when you saw it first? A. Open—that was on the Monday—I do not know when it was opened—there is like a groove where the flap fits in to prevent it slipping through, and there was sand on the ledge, which would have been removed if a person had gone down that way—a quantity of sand lay there quite fresh, which had not been touched—that was at eight o'clock on Monday morning—the floor had not been sanded that morning that I know of. ROBERT HASLER . I am assistant to Mr. Kenterman—I have known the prisoner by sight about nine months—about three weeks before the fire he came to the shop and inquired the price of our coarse gunpowder—I told him 1 s . a pound—I had not so much in the shop, and had to go to the shop to get it; when I came back I had rather more than 11 b . in the bag—he said, "Never mind, let me have 1 1/2 lb."—I asked him if he was going to get ready for November 5th—he said, "Yes, I am going to make some crackers"—I also sold him one pennyworth of saltpetre. Cross-examined. Q. Were you the only person in the shop? A. At the time—I packed up the gunpowder in a brown paper bag, which I have not seen since—it is neither of these produced, it had no name on it—we sell very little powder, because we do not keep the sort they use to make fireworks of—I have never sold such a large quantity, only halfpenny worths and pennyworths—we never enter anything in books—I had never spoken to the prisoner before, but I knew him by sight—I have seen him pass repeatedly, but knew nothing about him—I did not mention this at all, but a sergeant came to inquire, and I was not in at the time—he inquired of the other shopman, and afterwards came and asked me to give a description, and I did so—he said, "Should you know the man again?"—I said, "Yes, be cause I have seen him repeatedly about Thomas Street, where I used to live"—they took me to a public-house in Old Gravel Lane, and said, "Is there any man here you know, who is like the man who bought the powder?" and I said that I knew the man behind the bar—the prisoner has two houses, the Red Lion and the Turk's Head—that was the Turk's Head—I had not heard of the fire at the Turk's Head—I had no knowledge of what I was going about—he came to the shop for. Me after I had done work—it was I think on the Wednesday after the fire—he came to inquire at my employer's, and asked me if I should know the man again—I said, "Yes," and he asked me to go with him—he did not tell me where we were going—it was ten minutes' walk—we talked going along about matters that pass every day, and when we got to the Red Lion he asked me to look in and see if there was a man resembling the man who bought the gunpowder—I said that the prisoner resembled him—he was taken in custody, and I was taken down to King David Lane first, and in the afternoon I went before the Magistrate—the policeman did not say, "Here is a man that you know"—he said, "Is there any man here like the man who bought the gunpowder?"—there were two or three people in the shop, but only the prisoner and a woman behind the bar—the prisoner did not tell me who I was going to see, but I believed it had reference to the powder—I knew I was going to identify the man who bought the powder—I did not know that there had been an explosion at the Turk's Head, or on what errand I was going—I had never heard the reason I was to discover the man who bought the powder, and I did not ask. MR. LEWIS . Q. Before you went to the Bed Lion had you given a description to the constable? A. Yes; I have no doubt that the prisoner is the man to whom I sold the powder—I swear he is the man. COURT . Q. Look at that gunpowder; is that the sort you sold? A. I cannot make out, unless it has been wetted, and there is a lot of powder among it; there are grains of the same quality in it, but the bulk has been wetted, it is like soot now. CHABLES VERNON YOUNG . I am the solicitor for the prosecution—on 16th November I served on the prisoner a notice, of which this is a copy ( produced ) to produce his policy. EDWIN GEORGE PARKER . I was acting for my father as agent to the Royal Fire Insurance Office—on 2nd February, 1867, the day it bears date, I received this proposal from the prisoner for 550 l . on his household goods, stock, fixtures, and trade utensils. HARRY JONES . I am an auctioneer, of the Commercial Road—on 11th November I was instructed by Mr. Young, the solicitor for the prose cution, and went over the prisoner's premises to value the stock—I valued a portion of it, and had got to the third room, when Mrs. Morris and an adviser of hers came forward, and we were not allowed to continue—there was a distress put into the premises in May last, but I did not put it in. JOHN JAMES TEVAN . I am a member of the Salvage Corps—I received orders to stay at the Turk's Head all Sunday night—I asked the prisoner if he had any idea how the powder came into the place—he said no, he never bought any powder, and had no idea it was on his place. Cross-examined. Q. Did you see any children come home from church that evening? A. No—I saw two of them at the house in the evening—I first saw them at ten o'clock—I was not there before. MR. METCALFE . Q. Did Withers remain till you came? A. No—he sent me—nobody was there when I went. MR. RIBTON to WILLIAM YATES . Q. Did you see the children or any of them returning from church? A. I saw two boys come in—I do not know the time, but as soon as the house was opened; one came in after the fire and one at the fire—I do not know whether that was about tea time. COURT . Q. Did you hear any noise or explosion? A. All the ex plosion I heard was the bottles falling on the floor—I did not hear the gunpowder burst—the cellar is under the bar—the first indication I had was the smoke. THOMAS PROCTOR ( Police Sergeant 60 K ). On 21st October I took the prisoner at the Turk's Head—I told him I should take him on suspicion of attempting to set fire to the Turk's Head with gunpowder—he said, "Oh!"—two or three minutes afterwards he said, "Who has done this for me?"—said, "From inquiries that have been made"—when we were in Bird Street he asked the charge against him again, and I repeated it. Cross-examined. Q. Did you apprehend him after the young man iden tified him? A. Yes—it was to me he gave the description of the man who bought the powder—he said a stoutish man, with a lightish old brown coat and a round billycock or deerstalker's hat—I asked him if he should know the man again if he saw him—he said, "Yes"—I took him to the Red Lion, and asked him if he saw the man there—that was the only place I took him to. MR. METCALFE . Q. Were there other people there? A. I believe there were several others in front of the bar—I did not go in, but I saw several—he went inside, and when he came out he said, "The person I sold the powder to is behind the bar." MR. METCALFE to ROBERT HASLER . Q. What description did you give to the police of the man who sold the powder? A. A man of middle height—he asked me if he had whiskers—I said he had little or no whis kers—he said, "Is his hair dark?"—I said, "No"—he said, "Did he have any marks about his face?"—I said, "I cannot say"—he asked me if I should know him again—I said, "Yes"—when I was taken to the Turk's Head I saw other people at the bar, not more than two or three—I recognised him. COURT to CHARLES SUTTON . Q. Did you find the lock? A. Yes, lying on the floor at the top of the stairs—the cellar door is at the top of the stairs—the lock was on the passage side, not on the stairs; it was lying on the outside of the door, in the passage—it was a very large lock, not a padlock—it was fastened on the side next the cellar, not on the passage side. JURY . Q. Could any one escape from the cellar by the flap? A. No; the lock fastened into the door-post. GUILTY .— Ten Years' Penal Servitude. 37. JOHN DOYLE (34) and WILLIAM HALL (21) , Burglary in the dwellinghouse of William Richard Starr . MR. DALY conducted the Prosecution. JOHN DOYLE PLEADED GUILTY . After hearing the opening the COURT was of opinion there was no evidence against HALL . NOT GUILTY . John Doyle was further charged with having been before convicted, to which he PLEADED NOT GUILTY . WILLIAM KING ( Policeman B 93). I produce a certificate of the pri soner's conviction in 1851—I was present at the trial, and then proved a former conviction against him—the prisoner is the same person—in January, 1847, he was charged with stealing lead from Chelsea Common, and afterwards tried at this Court for stealing a copper, but was acquitted on account of a flaw in the indictment. Prisoner. I was in the Crimea in 1855, in the British service, and came home in 1856. I am innocent of the conviction. NOT GUILTY of being before convicted.— Twelve Months' Imprisonment. 38. MARTHA DAINS (20) was indicted for feloniously aiding and assisting in a rape on Lucy Strutt . MR. DALY conducted the Prosecution, and MR. MONTAGU WILLIAMS the Defence. GUILTY .— Two Years' Imprisonment. In the case of THOMAS PALMER and HENRY CARTER , standing charged with a common assault upon Henry Hughes , a plea at bar was setup by MR. WILLIAMS on behalf of the defendants, that they had already been charged with the same offence before a Magistrate, who had heard evidence upon the subject and dismissed the case, giving the defendants a certificate to that effect. To this plea there was a replication that the certificate had not been given by the said Magistrate forthwith, as required by the Statute. The COMMON SERJEANT , after hearing MR. WILLIAMS in support of the plea, and MR. SLEIGH in support of the replication, gave judgment for the defendants, who were accordingly discharged. 39. CHARLES SMART (41) was indicted for stealing a coat of Wil liam Pease . MR. WOOD , for the Prosecution, offered no evidence. NOT GUILTY . 40. JOHN IRVING (28) , Stealing 221b. of lead and three ball-taps, of Robert Ramsay , fixed to a building. MR. SLEIGH conducted the Prosecution. ROBERT RAMSAT . I live at 36, Beech Street—on the evening of the 13th November, between half-past eight and a quarter to nine, I was going down stairs, and when I had got to the first floor, which opens out on to the leads, I saw a man stooping down by the sides of the water pipes—I looked farther out, and saw him wrenching the pipe from between the water closet and the first butt—it is a pipe that leads into the water closet—I am positive he was forcing it out—I said, "What are you doing there?"—he walked into the house, and I caught him by the collar—I said, "You shall not go from me"—he tried to throw me over the stair case; he made a rush down stairs—he left his cap on the stairs—I left him in charge of three others and went and got a constable, and after wards came back to see what damage was done—the supply taps, cocks, and pipes were gone—the damage done would amount to about 3 l .—I had seen it about an hour and a half before, all safe—the prisoner at first shammed intoxication, but was evidently not so—he must have got into the house 'first from the street-door, and then have gone on to the landing, and then on to the leads—he had no business there. GEORGE GORDON ( Policeman 129). I took the prisoner into custody on 13th November—I found the pipes produced, lying on the leads at the prosecutor's house—one had been cut off, and the other wrenched off—they exactly fit to the remaining pipes—I tried them—I afterward found these three other pipes—the prisoner resisted me very much—it took five or six to assist me in getting him to the station, and a large mob of roughs collected. The prisoner, in his defence, stated that he was very much intoxicated, and went into the house by mistake. GUILTY . He farther PLEADED GUILTY to a previous conviction, in March, 1862.**— Seven Years' Penal Servitude. 41. EDWIN FRANCIS HILL (36) , Feloniously forging and uttering a power of attorney to transfer 100 l . Consols, with intent to defraud. MESSRS. POLAND and STRAIGHT conducted the Prosecution, and MR. METCALFE the Defence. EDWARD THOMAS SEALY . I am a solicitor, of 64, Lincoln Inn Fields—I produce a marriage settlement, dated 29th November, 1849—I am the attesting witness to the signatures of all the parties who executed it—it relates to Mary Ann Bartlett's marriage with Edwin Francis Hill—the trustees are Francis Canning Hill and John Gethin Bartlett—it was a settlement of Mary Ann Bartlett's share of a freehold estate, or of her separate portion for life, then to the prisoner, and then to the children—the annual income to her for life, for her separate use during the joint lives of the husband and wife, and after the decease of either of them, to the survivor, and then to the children; and there is a proviso that if Edwin Francis Hill became bankrupt or insolvent, the income shall go to the children; the fund to the children absolutely, in default of appointment by the husband or wife, who have the power of appointment; and in default of appointment, to all the children absolutely—there is a clause stating that there is no power of anticipating, and the wife's receipts are to be shown—it is for her separate receipts, and not in any mode of anticipation—it also says that it shall be lawful for the trustees to advance not more than 300 l . on loan to Edwin Francis Hill, at 5 l . percent interest, and I have no doubt there is a power to call in the loan—I produce a deed of 1st May, 1851—I am the attesting witness to the signatures of all the parties except Mr. Francis Canning Hill's, which my clerk attested. COURT . Q. Is there any power to change the trustees? A. Yes, it says, that "It shall be lawful for the said Mary Ann Bartlett and Edwin Francis Hill, if there be no trustee, By deed legally executed, to appoint a trustee in the room of trustees dying or being incapable of acting, and to increase the number of trustees; and the funds shall be vested in the names of the new trustees"—that is executed by the husband and wife, and by John Gethin Bartlett, one of the trustees; I saw them execute it—the father did not execute it. MR. POLAND . Q. The deed of 1851 appoints Matthew Bartlett trustee, in the room of Mr. Hill? A. Matthew Thomas Bartlett—I am the agent to Messrs. Tucker and Forman, of Chard, solicitors—I received this letter from them, dated 14th August, 1867—I do not know whether it is in the prisoner's writing. MATTHEW THOMAS BARTLETT . I am a commercial traveller, and live at Merton Cottage, Red Hill—the prisoner married my sister Mary Ann Bartlett in 1849, and in May, 1851, I became one of her trustees under the marriage settlement—my brother, John Gethin Bartlett, was my co trustee—the prisoner went to Australia with his wife about fifteen years ago, three or four years after the marriage; I am not certain; it was after I became trustee, not before: I make a mistake. EDWARD THOMAS SEALY ( re-examined ). This gentleman ( Mr. Matthew Thomas Bartlett ) became trustee by being appointed in the place of Francis Canning Hill. MR. POLAND to MATTHEW THOMAS BARTLETT . Q. How soon after you became trustee did they go to Australia? A. Before they were married in 1849; the marriage settlement was drawn out and signed in this country—they did not go at the time of their marriage; both their children were born in this country—I cannot say when the marriage was, I was not present—they went to Australia about four or five years after I became trustee—as trustee, I received dividends, and sent them to my sister regularly since October 1865; but since the prisoner has been in this country I gave all the dividends to him, except the last—at the date of her marriage my sister had 500 l ., but more was drawn out—when the affairs were settled the property was sold, and some money was put into the Bank of England; I cannot recollect the year—I should say that the prisoner came to this country perhaps sixteen months ago, but he was some months before he came to my house—after the property was sold I, and no one else, used to receive the dividends at the Bank of England, except the last—I used to pay them to the Australian Banking Company, Thread needle Street, to the credit of Mary Ann Hill—after the prisoner came over to this country I paid him three dividends; I drew two and received one afterwards—he signed these three receipts ( produced ) for them. ( These were dated September 9 th , 1866, for 19 l . 11 s .; 16 th January , 1867, for 9 l . 15 s . 6 d ., both of Matthew Thomas Bartlett; and 24 th September, for 9 l . 15 s . 6 d ., of John Gethin Bartlett, half-yearly dividends on 662 l . 14 s . 3 d ., Consols. Signed E. F. Hill. ) COURT . Q. Did you receive those dividends at the Bank? A. Yes, and the prisoner was with me each time—they are made out in different names, because I refused to draw the last dividend for him, or to have anything more to do with him, and then he went to my brother John, who drew the last dividend for him. MR. POLAND . Look at that letter of 14th August, 1867; is that in the prisoner's writing? A. Yes. ( This was from the prisoner to W. Tucker, Esq.,. dated 14th August, 1867, 14, Camden Road, stating that, as he required 100 l., he did not think there could be any objection to 100 l. stock being drawn out with Mrs. Hill's consent, on his insuring his life for the amount, so that it could be replaced after his death. ) It is full six months ago since the prisoner first spoke to me about selling out 100 l . worth of stock—he asked me to do so, and I told him that I could not see it at all—he then wrote to Messrs. Tucker and Forman, of Chard, and had the papers sent there—I also wrote to them to see what could be done, and got this letter from them, which I believe I showed the prisoner, to show him that I could not be made safe—I then received this letter from the prisoner, it is written by him. ( This was dated 30th August, 1867, from the prisoner to Mr. M. T. Bartlett, stating that he would come' down to-morrow afternoon and have a chat about drawing out the money. ) On 1st September I sent the prisoner this letter. ( This was from M. T. Bartlett to the prisoner, stating that he did not see how he could secure himself even by a life policy, and had not had any letter from his sister saying that he could do so. ) On the 19th September I received this letter from the prisoner. ( This was dated 18th September, 1867, stating , "Polly is extremely anxious to know what has been done about the 100 l ., and, as I am anxious to tell her by the next mail that leaves, will you instruct Mr. Tucker what has been done? It is really very hard of you to keep us so long in suspense.") On the 19th I received this letter from the prisoner. ( This acknowledged a letter from witness, and expressed surprise at his request to inspect the private letters of the prisoner and his wife. ) On 23rd September I wrote this letter to the prisoner:—"Dear Hill,—I must decline doing anything as regards the 100 l ., not being able in any way to be secured. I have enclosed Polly's authority, and if you like to go to the expense of appointing another trus tee in my place I shall be glad by your giving me a proper release." This is the paper I enclosed in that letter—the prisoner never showed me any letter from my sister relating to this authority—in October I received a letter from the Bank of England, dated the 9th—in consequence of that I went to the Bank on the Saturday after; I was out on my journey at the time it came—I returned on the Saturday, and then went to the Bank, where I was shown this power of attorney. ( This was dated 28th May, 1867, and purported to be an authority from Mary Ann, the wife of Francis Hill, to the trustees, to lend to him 100 l. out of the money standing in the names of the said trustees in the books of the Bank of England, upon his effecting an assurance on his life for 100 l. and depositing the policy with the trustees; it was signed Mary Ann Hill, and witnessed by John Deering, Little Cremorne Street. ) Until I saw that power of attorney at the Bank of England I was not at all aware of its existence—this signature, "Matthew Thomas Bartlett," is not my handwriting; it is a good imitation, but it is not the character, the flourish is not quite correct; it has no doubt been copied from a letter or something of that sort—I never gave the prisoner, or any one, authority to sign that document—I never consented to the sale of 100 l ., a portion of my sister's stock—I have lived at Red Hill sixteen years, and never knew such a man as Henry Smith, a gardener, Station Road, Red Hill, who appears as the attesting witness—the prisoner never told me what he intended to do with the 100 l . Cross-examined. Q. When you received the dividends at the Bank, did you give a receipt? A. I signed the book for myself and brother—I was the receiver, there was no written authority from my brother that I should sign the Bank-books—we are joint trustees, and I signed—I wrote my own name, not for "self and brother"—I am quite sure of that—my brother received the last dividend—I bad not seen him for two years before this affair was found out—I had not written to him or received letters from him—there was no cause of quarrel between us that I am aware of—I do not know that the prisoner has raised money and sent it out to his wife. JOHN GETHIN BARTLETT . I keep the Hare and Hounds public-house. North Woolwich Road—the prisoner married my sister—I am one of the trustees under the marriage settlement—they were married in 1849, and went to Australia about February, 1851, I think—about September, 1866, I saw the prisoner, when he returned from Melbourne—I did not see him again till the following September, it may hate been the latter end of August or the beginning of September, I don't know which—he then asked me if I should have any objection to the transfer of 100 l . stock—he said he wanted to send it to my sister to bring her home from Melbourne—I said I had no objection to it, provided my brother consented—he said he should see my brother and get his consent—he dictated a letter for me to write to my brother—I have more than one brother, but that is the only one that I ever see—Matthew Thomas is my co-trustee—this is the letter I wrote at the prisoner's dictation: "28th August, 1867. Dear Matthew,—Hill has called on me to-day and shown me a letter from Mr. William Tucker to you of the 28th instant, and I really do not see any objection to the 100 l . being advanced, provided Hill insures his life, as I think that Mary Ann and Hill are sufficiently honest to be relied on for the due payment of the premiums on the policy of insurance. I feel sure Mary Ann will act up to whatever she agrees to, and will not repu diate the authority she has signed." About the beginning of October or November the prisoner told me that he had got my brother's consent—he said he would go to the Bank of England and get a power of attorney to transfer the stock—he said he was going to send 75 l . to Australia to bring his wife home, and hoped to see her sitting in her own chair in February or March next in her own home comfortable and happy—I afterwards received this power of attorney by post—it was not then signed in any way—I think I received it on the 10th October—I saw the prisoner that day, he called on me directly after I had received it—I showed it to him, and he pointed out to me where to sign my name on it—he said we must have a witness, and my wife spoke to Mr. Turvey about it—I was not present at the time; I believe he gave his consent—I signed it first—this is where I signed it, on the back—the prisoner was present when I did it—my wife wrote the name of Turvey as the witness, that was at the same time when the prisoner was present—she signed it because Mr. Turvey could not write—he wished her to do it—he was not present at the time, he was away on his business—the prisoner asked him to do it—he said she would do as well as any one else—after my wife had signed it the prisoner took it away with him, put it in an envelope, and wished me good morning, and said he was going to Bed Hill with it—before that he had asked me to sign the power of attorney for my brother—I declined to do it—he said, "If I was to sign it for Mat, he would be down on me like a thousand of bricks"—his words were, "If you sign it, it won't matter at all, for Mat signs your name in the bank books; but if I was to sign this for Mat, he would be down on me like a thousand of bricks"—he came to me again on the following afternoon, the 11th, about three or four o'clock, and asked me to get ready to go in the morning at twelve o'clock to go to the stockbroker's and draw the money—he said he had been to Red Hill and got it signed—he said the power of attorney was at Irving and Slades, in Copthall Court—he said he should have to pay extra money if he drew it on Saturday or Monday—I told him I thought he had better leave it for a few days, and save the money—he said no, he wished to get it particularly, so that he could send it off by the next post to Melbourne—I got ready next day, and he called for me—we went to the stockbrokers, Irving and Slade, and one of the gentlemen went with us to the Bank of Engand—I first went to Messrs. Grossmith's, perfumers, in Newgate Street, to be identified—when I went to the Bank of England I signed a book there, and Mr. Irving gave the prisoner a cheque—this produced is the transfer I signed. ( This was a transfer of 100 l. stock to Henry Edward Swift by John Gethin Bartlett for himself and as attorney for Matthew Thomas Bartlet. ) After the prisoner had got the cheque I went with him to a bank in Lombard Street, I think it was Glyn's—he went in there, and came out and joined me, and we went in the train to North Woolwich—he there gave me two 51. notes, and I gave them to my wife the same evening; but I must tell you that I received those notes in part payment of an old debt contracted in 1850—I first saw this power of attorney purporting to be signed by my brother when I was in the Bank of England—the prisoner showed me his wife's authority the day he drew the money; he gave it to me; I mean the day we went to the Bank—he did not show me any letter from his wife relating to it—I should know the prisoner's handwriting, if I saw it—this attestation is his writing. Cross-examined. Q. Had your brother Matthew handed over the pri soner's matters to you? A. Yes, so the prisoner told me, that is all I know—I received the spring dividends, and paid them to the prisoner—those were the first I ever received—I don't think that my brother and I write very much alike—I never noticed it—this "Matthew Bartlett" to the power of attorney certainly looks very much like his writing—it is not a bit like mine—the prisoner said if I signed my brother's name he would say nothing—I said he would object—I did not say that my brother had signed for me when he drew out the dividends, and that I could sign for him when I drew them out—the prisoner said that Mat had signed for me, and he did not see why I should not sign for him—Mr. Turvey is a grocer—my wife saw him that very morning, I did not, I was ill—I have known him ever since I have been in that house, but I never spoke to him on this business—I am not aware that I said before the Magistrate that I had asked Turvey to witness it, and that he authorised me to sign it for him—it ought to have been that my wife asked him, and that he authorised her—that is a mistake—I never did ask him—if I said so, it must have been false—when the power of attorney came to me it was not filled up—there was not a mark on it, only the printing, there was no writing—I am quite sure of that—I don't know who filled it up—there was no writing on it when I signed it, nothing but the printing; I am quite certain of that—I don't know who filled in the date at the back—the 10th October is my writing—I wrote that at the same time as my name, altogether—I did not fill up the front, that is not my writing—I mean to say that when it came to me by post there was no writing on it at all—as soon as my name was written, and Mr. Turvey's name was written, the prisoner took it away with him—I did not write to my brother about this, or make any inquiries of him—I believed what Hill said to be correct—he said he would go that afternoon and get it done—he came back next day, Friday—I did not insist on having 10 l . before I wrote my name—I was to receive 10 l . in part payment of a old debt—the prisoner never offered me the money till after he had received it from the Bank, not a word dropped about it before then—I reminded him several times that he owed me the money; not at the time I wrote my name, I never said a word about it then—the old debt is not contained in any book—my books are gone and lost many years ago—it was for wine and spirits delivered, and a bill of exchange—I don't know whether the prisoner had previously sent money to his wife—I had expressed a wish to have my sister over—I was anxious to see her living in England—I was to have the policy the day after he drew the money—he spoke about it about a week before the money was drawn—he showed me a letter on the Thursday morning, stating that they had accepted his life—it had been suggested a week before that the policy should be given to me—I agreed to that—the amount of it was 100 l .—I understood that was to insure the repayment of this 100 l .—I did not say to him, "Mind and send me the policy as soon as you can get it, and then if Mat kicks up a row I can show him what I have got and make it all right with him"—I never said such a word, and never dreamt such a thing—I never said a word about making it all right, or any thing else—I told him to let me have the policy as soon as it could possibly be got ready; but I never said such a thing as that—I did not communicate with my brother Matthew at all—he came and called on me—that was after the Bank had found this matter out—he was very angry indeed with me—I was certainly afraid at first that the Bank were going to prosecute me, because I could not understand it—I never was in such a thing before—I am not aware that they found fault with me for signing Turvey's name; I have not heard anything about it—I told my brother that I had signed Turvey's name, when he came to me on the following Saturday after the money was drawn. MR. POLAND . Q. Do you know anything about Henry Smith, whose name is down as an attesting witness? A. No; I never signed my brother's name in my life—I had not the paper in my possession more than an hour—the prisoner did not read it through at all, and I had not time to read it through—he was in such a hurry to get it back. COURT . Q. When the prisoner gave you the two 5 l . notes on the Saturday, did you ask him where he got the money from? A. No, I did not—he told me had sufficient without that to send to my sister, he had 75 l . Q. When you went to the brokers in Copthall Court, and when you went to the Bank and signed the transfer, did you believe the assumed signature on the power of attorney of your brother to be his real signature? A. I believed it was. ELIZABETH BARTLETT . I am the wife of John Gethin Bartlett—I remember his receiving a power of attorney—I cannot remember the date, but Thursday, to the best of my knowledge—I saw the prisoner on that day—I was in and out of the bar parlour all the time he was there—when this paper came by post ray husband looked at it and told me it would have to be witnessed—I cannot remember all that was said, as I never expected to hear any more about it—I said to the prisoner, "Mr. Turvey has agreed to be the witness;" as near as I can remember, he asked who Mr. Turvey was, and I told him a grocer—I had spoken to Mr. Turvey in consequence of a communication between me and my husband—when the prisoner came the prisoner asked me if Mr. Turvey was handy—I said that I knew; he was not, for he had gone up the road with his cart—he said, "He will have to sign his name"—I said, "He cannot do that, for he cannot write"—the prisoner said that it was only a form, and if I put Mr. Turvey's name that would do just as well as sending it to his house—I, then put Mr. Turvey's name on the paper as a witness—this, "William Turvey,† grocer, 24, Custom House Terrace, North Woolwich Road," is my writing—the prisoner said that he was going to Red Hill to get it signed by my husband's brother—I do not remember any other signature—my husband wrote his name first, and I wrote this afterwards, and after the prisoner had had some refreshment he put the paper in his pocket and went away with it—the prisoner tried to induce my husband to sign his brother's name here, and said that, as he had signed in the Bank books, there would be no more harm in his doing so—he did not do so—it was after that that he said he would take it to Red Hill—I did not read the power—I do not know what is in it even now—I remember the Saturday when my husband came from London with the prisoner—he was not there very long—on the same evening my husband gave him two 5 l . Bank of England notes—I went to Stratford the same evening and paid them to Mr. Elphick. Cross-examined. Q. When did you see Mr. Matthew after that? A. Not till I saw him the other day—I do not remember that he was angry: I am very angry now to be placed in such a position—I was not very much afraid my husband was going to be prosecuted, because I knew he had done no wrong—he did not tell me that he was afraid, or that he expected to be prosecuted—Mr. Matthew did not appear angry to me, but I had never seen him before in ray life; we never invited him to the wedding and I never saw him, but he has behaved very kind to my husband—I saw him when he came in, but do not know that he was angry—I was—I wrote the name of Turvey at Mr. Hill's instigation—he is an educated man, and I am not educated at all—I did not think it wrong to write another person's name—I believe Mr. Turvey is here; my husband did not see him—he does not get up so early in the morning, and Turvey was out with his cart in the next street when I went to look for him—I did not know any other respectable man who was a householder—I just glanced at the paper, but did not read any part of it; my husband did not tell me anything—he looked at it and said, "This paper will have to be witnessed"—I did not think any fraud was contemplated—I only wrote in one place—I believe this John Gethin Bart lett, on the other side, to be my husband's writing, it looks very much like it—I did not write this "Henry Smith," and do not know anything about it; I have not seen it before, and if you look at that William Turvey, you will see that this is not my writing—I can read—I do not know whose writing this Matthew Thomas Bartlett is, I am sure it is not my husband's, because it was not on the paper when it went from our house—I have nothing to do with the other signatures, they were not on the paper when it left our house—this is certainly not my husband's writing—I am sure this Smith is not my writing, I think Mr. Hill has placed us all in this position—I was not called before the Magistrate and should not have come had I not been subpoenaed—ray evidence was not taken in writing before a Magistrate, only at Mr. Freshfield's office a week or a fortnight ago—I did not take particular notice of the date—they wrote to me to come up to their office, and I went—it is rather over a week I think since I was subpoenaed—I did not read this paper over—my husband did not tell me to ask Turvey for his authority, but Mr. Hill did—I had asked Turvey's permission, but Mr. Hill told me where to sign Mr. Turvey's name—it was my husband who told me to ask Mr. Turvey, not Mr. Hill. MR. POLAND . Q. Just look at that paper; turn it over? A. That is what I wrote—I see my husband's signature here; he wrote his signa ture first—I only saw him write once, he only wrote his own name—no part of this document is my husband's writing but his name. COURT . Q. On one side and on the other? A. His name is on both sides; I do not remember that he wrote more than once, but I was not in the room the whole of the time; he wrote this when I came into the bar parlour, and I wrote afterwards; but there is his name twice on the paper—these words "Wm. Turvey, Grocer," which are struck out, are in my writing. HENRY JOHN SLADE . I am a member of the firm of Irving and Slade, stockbrokers, of Copthall Court, Throgmorton Street—I first saw the prisoner at the end of September, between the 24th and the 27th—I heard a person talking to a clerk in the outer office—I saw him, and he said that he required a power of attorney—he spoke about transferring stock which stood in two names; I said that it would be necessary for the persons in whose name the stock stood to attend at the Bank of England, or to give a power of attorney—he called again on or about 30th September, and I received his instructions for a power of attorney, took them down in writing, and he signed them; this is the paper I wrote. ( This was an instruction for a power of attorney to sell 100 l . stock, from 662 l . 12 s . 3 d .— Signed E. T. Hill , 48, Camden Road. ) The course of business was to prepare a ticket of instructions from the prisoner—a ticket was prepared, the body, of which was written by me, in answer to questions I put to him—some difficulty arose in consequence of the ticket of instructions not being pre pared by me, and a fresh ticket was prepared and left at the Bank—after that I took no further steps, as Mr. Irving had returned to London—on Friday, 11th October, the prisoner come to my office, and handed me this power of attorney, executed and witnessed precisely as it is now—he said that he had taken it down to Red Hill, and got it signed the night before—a conversation took place about making an appointment for Saturday—I said Saturdays and Mondays were private transfer days, and it would be necessary to pay an extra fee—I believe he said that it was of no import ance, or that there was no hurry for the money—I said that, as we were not acquainted with Mr. John Gethin Bartlett, it would be necessary that he should be identified by some one we knew, or by some respectable person in the City; he said that that would not be difficult, as Mr. Bartlett had lived in the City ten or eleven years, and an appointment was made for Saturday—he came on the Saturday, and said, "I have Mr. Bartlett out side in a cab; you said that it would be necessary to have him identified; can you or one of your firm go with me to Newgate Street to have him identified?"—I said, "I dare say my partner will go; he is out on busi ness," and the prisoner stayed till Mr. Irving returned—while he was waiting I put forward the ticket to the Bank of England, and instructed them to make the transfer; they made no objection—I went to the Bank, and saw the purchase of the stock, and the sale was concluded—I drew this cheque ( produced ) and handed it to Mr. Irving. COURT . Q. Did you receive the cheque from Mr. Swift? A. No; it is the course of business to pay all the clients first, and deliver all the receipts at the end of the day—I expected payment from Mir. Swift, and paid the prisoner on his credit. Cross-examined. Q. Were you examined before the police-court? A. No; I have not been examined before to-day—Messrs. Freshfield attended at our office and took down my evidence a week or ten days ago. JAMES CORBETT IRVING . I am Mr. Slade's partner—I returned to town on 3rd October, and saw the prisoner on the 4th I believe—there was some question about the description in the Bank books; he gave me a wrong description, and I told him I could not find the account—I re ceived back the ticket of instructions when he called on the 4th, 6th, or 7th, and told him that the description differed in the Bank books, and he must give me a different description; he did so, he brought it written on the back of a letter, which he handed to me, and I forwarded it to the Bank of England, and afterwards received it back again—two or three applications were made to the Bank—they returned it twice. COURT . Q. Is there an office at the Bank of England called the Power of Attorney Office? A. Yes, you apply there for what power of attorney you want; if there is no stock standing in the name of the person there is no power granted, but if there is the Bank keeps the instructions. MR. STRAIGHT . Q. Do you recollect Wednesday, 9th October? A. Yes, on that day I prepared this fresh ticket of instructions ( produced ) from information I procured from Mr. Hill—it is my writing—this ticket was sent to the Bank of England in the ordinary way—the prisoner called on me on 10th October, the day following the day that the ticket was sent to the Bank—he asked me if I had obtained the power—I said, "Well, I will go over to the Bank and see if it is ready"—I went over, brought it back, and said, "I have obtained it"—he said that he could take it and get it signed, but we said that we would rather send it by post—the body was filled up when I obtained it at the Bank, but not the signatures—it went the same afternoon to Mr. John Gethin Bartlett, about five o'clock—I do not think I saw it again—on Friday, the 11th, my partner saw it—I saw it on Saturday, the 12th—it was sent over to the Bank of England for inspect tion—the prisoner called about twelve o'clock that day—I said that it was necessary to have some person to identify him, and we went to Mr. Gros smith who identified John Gethin Bartlett to me, and then we returned to the Bank of England and John Gethin Bartlett made the transfer—I saw him sign his name—this ( produced ) is his signature, to the best of my belief—it was not my duty to witness the signature, only to identify him—there is no question about it being his signature—Mr. Slade then handed the prisoner this cheque for 92 l . odd—we always have our cheques printed crossed—the prisoner asked me to make it "Pay cash," and I did so—I was examined before the Magistrate. Cross-examined. Q. Supposing the two Bartletts had signed the power of attorney to the prisoner, would that have been sufficient? A. Yes; we either want a warrant or a personal attendance. MR. POLAND . Q. I suppose the only person who would attend would be the prisoner? A. The attorney would be the person who would attend, and if he is identified that is enough—it might have been a power signed by the two Bartletts to the prisoner. COURT . Q. Is it partly printed and partly written? A. Yes, the par ticulars are introduced into the body of it by the Bank clerk; we know the names of the parties, and require to see that their residences agree with the Bank books, and then we send it for execution—I believe the Bank some times grant a power in blank for the amount, but I am not quite clear on that point—I believe the Bank always issue their own forms—I believe they are printed for the Bank—the use of a power of attorney is to identify the account—we send in an application called instructions, and if the descrip tion in the Bank books does not vary, they immediately return the instruc tions—if there is a doubt they apply to Messrs. Freshfield, but I do not think they issue them entirely in blank; the attorney's name would be in blank, but the name of the person and the stock never is—when a power of attorney is given out and sent into the country, I am perfectly convinced that the head part is filled up, because we always make an entry in our books before we send a power away—the date would be left blank till the person signs it—the name of the person "John Gethin Bartlett" is filled in in the middle—the name of the attorney is left blank, it is filled up now—if not correctly described in the Bank books they would not issue the power. ROBERT GEORGE VESEY . I am a clerk in the Power of Attorney Office, Bank of England—I filled up the power of attorney produced on the 9th October, 1867—the name of "John Gethin Bartlett" on the face of it was written by me—I filled up all the writing, with the exception of the signa tures and the date—I did not fill up anything on the other side except the date in the corner. WILLIAM SNELGROVE . I am a clerk in the Consolidated Three per Cent Office, Bank of England—I was there when the stockbroker attended with John Gethin Bartlett, and signed the attestation as it now appears to his signature—it was attested "William Turvey, grocer"—I struck that out and the date also, because it was intended to be attested by me—I am the transfer clerk, and it is my duty to attest the demand to act—I asked Mr. Bartlett if it was his signature—he said it was, and I then struck out the name of Turvey, and wrote my own name above—I also altered the date so as to make it apply to the date of the attestation—these forms are printed in the Bank of England—a person can make out his own power if he pleases—they are brought to the Bank to be examined. FREDERICK HENRY BOVIL CATTIE . I am a clerk in the Consolidated Three per Cent. Office, Bank of England—on 13th October, 1858, there was posted in the Bank ledger an entry relating to 662 l . 14 s . 13 d .—I have an extract from the Bank ledger, which I have examined—it remained entered in that way in the Bank books up to the time this transfer was made on the 12th October. ----Ross. This cheque for 92 l . was presented over the counter on the 12th October, and paid by me in sixteen bank-notes and 12 l . 8 s . in money. HENRY WEBB ( Police Sergeant ). I apprehended the prisoner on the 22nd October at 48, Camden Road—I read the warrant to him and charged him with forging a power of attorney, transferring 100 l . worth of stock standing in the names of Mr. Matthew Thomas Bartlett and John Gethin Bartlett—he said, "Who says it is a forgery?"—I said, "Mr. Bartlett"—I believe I said Mr. Matthew Bartlett, but I am not positive upon that—I also said, "Mr. Matthew Bartlett says that the attesting witness, Henry Smith, to the power of attorney, is a forgery as well"—he said, "Oh, that is nothing what he says; have you seen Mr. John Gethin Bartlett?"—I said, "Yes, I have"—he said, "What does he say?"—I said, "He says it is a forgery as well; he has seen his brother, and he likewise says it is a forgery"—he said, "Suppose it is a forgery, they lose nothing by it; it is my own property"—I found these two letters of the 1st and 23rd September, which have been read, in a box at his lodgings—I took him to the station, searched him, and found 3 d . in money and a knife—I have since been to Red Hill, and made inquiries in the Station Road, endeavouring to find out Henry Smith, the attesting wit ness to this document—there is no such person residing there. Cross-examined. Q. When you told him what John Gethin Bartlett had said, did not he say, "That's a lie?" A. Yes—he afterwards said, even if it was a forgery, it was his own property. GUILTY of uttering. — Five Years' Penal Servitude. 42. JOSEPH TIBBITT (20) was indicted for a rape upon Caroline Conner . MR. COOPER conducted the Prosecution, and MR. WARNER SLEIGH the Defence. NOT GUILTY . 43. JOSEPH TIBBITT was again indicted for unlawfully assaulting Caroline Conner . MR. COOPER offered no evidence. NOT GUILTY . 44. WILLIAM JOHNSTONE (50) , Unlawfully having counterfeit coin in his possession, with intent to utter it. MR. COLERIDGE conducted the Prosecution. JANE SUNTLEY . I am the wife of John Luntley, who keeps the Golden Cross, Woolwich—on 21st October a boy about fourteen years old came in with a jug for a pint of porter—he gave me a bad half-crown—I asked him where he got it—I kept it and the jug, and let him go—my man went out, and the prisoner was brought back by a policeman, bat I declined to prosecute him, and he was let go—my husband gave the coin to the policeman. THOMAS RYAN ( Police Sergeant, Woolwich Dockyard ). I do duty in plain clothes—on 21st October, about nine o'clock at night, I was outside the dockyard gates, and saw a servant bringing the boy towards me—I took him to the Golden Cross, searched him, but found nothing on him—Mrs. Suntley refused to prosecute, and I let him go—she gave me this half-crown ( produced )—I put the boy on the road to London, and saw the prisoner walking towards London—I saw no communication between them—I followed the boy, he turned round, saw me, and turned up a court which is no thoroughfare—I waited till he came out again, stopped him, and asked him where he belonged to—he said that he was a labourer—I said, "I do not feel satisfied about your conduct; I must take you to the station"—he said that he would go with me—I heard him drop something when within a few yards of the dockyard gate—it was quite dark, past ten o'clock—I took him into the dockyard, and found a counterfeit half-crown in his left-hand coat pocket, and 16 s . 7 1/2 d . in good money in his right-hand trousers pocket—I asked him how he became possessed of the money—he said that he received it in change of a sove reign at a public-house—I asked him if he knew the house—he said that he did not think he should be able to show it to me—I got a light, searched where I heard something fall, and found thirteen half-crowns and two crowns rolled up in pieces of paper, which went between each—I told him what I had found—he said that he knew nothing about it. Prisoner. Q. How far from the dockyard gate did you stop me? A. Twenty or thirty yards—I gave you the opportunity of going to the pub lic-house—you first said that you could show it to me, and afterwards that you could not. WILLIAM WEBSTER . These two half-crowns are bad, and from the same mould—these thirteen others are. bad, and from the same mould as the other two—the crowns are bad, and from the same mould. Prisoner's Defence. I took the bad money in change for a sovereign. GUILTY .**— Five Years' Penal Servitude. 45. JOHN HUTTON (40) and ROBERT JACKSON (29) , Unlaw fully uttering counterfeit coin, having other counterfeit coin in their possession. MR. STRAIGHT conducted the Prosecution. WILLIAM BRANCH . I keep the British Oak, Greenwich—on 23rd October, about twelve in the day, the prisoners came in together, and a third person joined them shortly afterwards, who was discharged by the Magistrate—the prisoners sat down together for three hours, and had four or five pots of porter and half-and-half—Jackson paid me with a bad shilling—I gave him the change, and as he was going away I said, "Do you know what you have given me? have you any more of them?"—he said, "No"—I broke it in half, and gave it to him—he chucked it in the fire, and gave me a florin—I gave him the change—he had another pot of beer, paid for it in the proper way, and they left—I followed them to a little chandler's shop, where they got a half-quartern loaf—I ultimately went to the Royal Standard public-house, and spoke to Mr. Edington. Hutton. I was not there when the bad money was offered, I was in the tap-room. Witness. You could not hear what passed. MARY ANN ATKINS . I am visiting at the Royal Standard, Greenwich —on 23rd October I saw the prisoners together in the tap-room—Jackson came out first—he paid for the beer he had had with a shilling—I said that it was bad—he said that he did not know it—I handed it to Mr. Roberts, the assistant at the bar, and saw him break it in pieces—Hutton came out afterwards, and called for some beer—I refused to serve him—the prisoners were given in custody. Hutton. Q. When I called for something had Jackson gone? A. He was leaving, and you came into the tap-room afterwards. LEWIS WILLIAM ROBERTS . I am assistant at the Royal Standard—I saw the prisoners and a third man in the tap-room—I came out after Jackson's beer was put on the counter—I received a shilling from Mrs. Atkins, which I broke in three pieces; one piece was lost, and the other two I can swear to—I asked Jackson where he got the shilling—he said that he begged of a gentleman, who gave it to him—Hutton came out, and was given in custody—I put the two pieces of the shilling in my pocket, and then on the shelf—Hutton tried to get out—he went into the garden after the bad shilling was detected—I had no other piece of broken shilling in my pocket. PETER BROUGH . I am a waiter at the Royal Standard—on 23rd October I saw the two prisoners in the tap-room together—I afterwards saw Jack-son at the bar—I told him I was going to search him—he said that he did not mind—I searched him, and found 1 d .—I said, "I believe you are a connected party, and I must put you out of the house too"—Hutton said, "If you think I am a connected party I will show you all the money I have got"—he put his hand in his pocket, and pulled out a lot of money—I noticed a bad shilling, and laid hold of his hand, and told him I wanted to see that shilling that he had at the top—I took it, put it between my teeth; and said it was bad—he said, "Let me look"—I said, "No"—he said that he was not aware of it—I put it in my pocket, and told my master—I afterwards handed it to Miss Houghton, and went for a constable. Jackson. Q. Was not I out an hour before you came back with a policeman? A. About forty minutes. Hutton. Q. How long was it after you found the shilling on him at the bar that you came to me? A. About seven minutes, but previously to that you had ample time to put it away, if you knew that you had more bad money, while I was searching Jackson; you passed by me, and went into the rear of the yard—I did not see you put anything away. COURT . Q. How long after you found the bad shilling on him did you give information at the bar? A. Not a minute. LEWIS WILLIAM ROBERTS ( re-examined ). I saw the man pass through into the yard, but could not see what he was doing—he went into the watercloset out of my sight—he remained only two or three minutes, and then came in again—I believe the watercloset was searched, but I was away. SARAH HOUGHTON . I am barmaid at the Royal Standard—I saw Jackson give a shilling to Mrs. Atkins, and saw her hand it to Mr. Roberts, who broke it, and gave me the two pieces to place on the shelf—I gave them to a constable, with a shilling which I afterwards received from Brough. CHARLES LINCOLN ( Policeman 313 R ). I was sent for to the Royal Standard, and these two pieces of a broken shilling ( produced ) were handed to me by the barmaid—the prisoners were given into my custody—Jackson was lying on a bench just outside the door—I searched Hutton, and found four sixpences and 7 d . in copper, and on Jackson two coppers—I searched the privy, but found nothing; Jackson was not drunk. WILLIAM WEBSTER . This is a bad shilling, and these are two pieces of a bad shilling. Hutton's Defence. I got two shillings from a gentleman. I had no other money but the change of it If I had been guilty I had plenty of time to go away. Jackson's Defence. I met Hutton on Blackheath Common, who asked me to have a share of some beer. I was very glad of the chance, and went into the tap-room with him. A waiter said to me, "There is a man at the bar trying to pass a bad shilling."I said, "What man is it?" He said, "I think it is the tall man who was sitting by the side of you," I said, "Indeed!" and afterwards they came and said that I was a connected party. I changed a half-sovereign that day, but was not aware I had any bad money about me, or I should have put it in the fire. I do not know a bad shilling from a good one. NOT GUILTY . Before Mr. Recorder. 46. JOSEPH EDSLEY (22) , WILLIAM SMITH (23) , and THO MAS EDWARDS (21) were indicted for feloniously and sacrilegiously breaking and entering the church of the Holy Trinity, Woolwich , and stealing two gowns and one band-case of James White , one gown of James Stewart Ruddack , and other goods. EDSLEY and SMITH PLEADED GUILTY .— Eighteen Month' Imprison ment. MR. STRAIGHT , for the Prosecution, offered no evidence against EDWARDS — NOT GUILTY . 47. GEORGE HEATHER (20) PLEADED GUILTY to embezzling three sums of 3 d . and two sums of 10 s . of Thomas Fulford , his master.— Six Months' Imprisonment. 48. THOMAS HORTON (22) and GEORGE ACTON (35) , Unlaw-fully obtaining 6 s . and 1 s . 3 d ., from Charles Webb , under false pretences. MR. COOPER conducted the Prosecution ; MR. STRAIGHT defended Horton and MR. JUNNER defended Acton. JANE WEBB . I am the wife of Charles Webb, of 5, Old Woolwich Road, Woolwich, where my husband and myself keep a small grocer's shop—on Monday, the 9th September, Acton came to our shop and said he wanted to see to our scales and weights—he said, "I come from Inspector Farmer"—I said, "I have heard we must have them seen to," and asked if he did the stamping and all that was required—he said he did—he then said the inspector would compel us to have them done, and he would bring me some more weights to-morrow and take mine away—he then went away, and in about half an hour came back in company with Horton, and said he had orders from Inspector Farmer to go to several shops and do their weights, and he thought it would be more convenient to me to let Horton do them there than take them away—Horton had a basket containing scales and weights and pieces of lead—Horton then took my weights and said they were too light, and he hammered some pieces of lead into them—he said it was a very good job I got them done, for I should have got into a great deal of trouble when the inspector came—he then asked for 6 s ., and said I must have two new weights, which he would bring to-morrow—Horton made out the bill produced, and after I gave him the money he gave it to me receipted—he said he could not wait till the next day for the money, as he had to pay it to Inspector Farmer the same night—he brought the weights the next day, and said Inspector Farmer would call in a day or two and stamp them—he showed me a list, which he said showed where he had to call—I paid him 1 s . 3 d . and he took the old weights away—I told, him I thought he had not done the weights exactly right, as I had been told the lead ought to have been run into them—he said, "Oh, nonsense, you cannot have the lead run in, for if you were you would be obliged to have them stamped every time."' Cross-examined by MR. STRAIGHT . Q. When Horton first came, was any one with him? A. Yes, Acton—Horton came by himself the next day—we have been about five months in this shop—we bought our weights from our predecessors—we had not had these weights seen to—we were told by our baker we ought to do so—the inspector did not come—I went to him. JOHN WELLS FARMER . I am inspector of weights and measures, appointed by the county Magistrates—I know Acton, but not Horton—I never authorised either of the prisoners to examine any weights—I never gave Horton any list of names to call upon, and never authorised him under any circumstances to act for me—on the 11th September Mrs. Farmer brought me four brass and five iron weights to stamp—I rejected them—Acton did something to a mangle for me about four years ago, but I never employed him as inspector. Cross-examined by MR. STRAIGHT . Q. You have a son, have you not? A. Yes—he is between fifty and sixty years of age, and has been in the habit of acting as inspector along with me until last Christmas—he was appointed by the Magistrates. Cross-examined by MR. JUNNER . Q. Are you called Inspector Farmer? A. Yes—my son is also called Inspector Farmer—the district got very heavy, and it was divided into four, and I and three others were appointed to those districts—my son was not re-appointed—my name is John Wells Farmer, and my son's name John William Fanner—I generally sign my name "John Farmer," and my son is also known by that name—I have known Acton about ten or twelve years—he is known as " Lying Acton "—I never gave him a recommendation further than saying he was an ingenious young man—I told Mr. Payne, an engineer, that—I do not know that my son has employed Acton as inspector—he has employed him in other ways—to do some repairs. JOHN CHUTER ( Policeman 123 L ). I apprehended Horton on the 30th—I told him I wanted him for obtaining money under false pretences, representing himself as being sent by Inspector Farmer to adjust weights and measures—he said, "What! me?"—I said, "Yes, you, Tommy"—he said, "All right; I suppose I have some b----good friends"—I took him to the station. JAMES FINNEY ( Policeman 56 R ). The prisoner Acton came to the station the day the warrant was granted—the warrant was read to him. MR. JUNNER . Q. What did he say? A. He said, "I was sent by Mr. Farmer's son"—he gave himself up voluntarily. JOHN WILLIAM FARMER . I am the son of John Wells Farmer—I ceased to be an inspector of weights and measures last Christmas—I know Acton, but not Horton, except that he made himself known to me as a parishioner—I did not give the prisoners directions to go to Mrs. Webb's to look at her weights—they never paid me 6 s . received from her. Cross-examined by MR. STRAIGHT . Q. Did you tell them they might go and examine certain weights and scales? A. Horton represented himself to me as a scalemaker, and said his father was a resident in the parish, and through that brought myself into trouble—I did say, "You are a young man experienced in these matters, and there are certain persons wanted to be attended to; if you choose, you can go;" and as Acton was a trustworthy young man, I thought he might go and assist him—I knew Horton two months ago—I was examined at the Greenwich Police-court—I did tell Horton he might go. NOT GUILTY . 49. SAMUEL WADSWORTH (31), Stealing a mare and a halter of George Monk . MR. DALY conducted the Prosecution, and MR. SLEIGH the Defence. GEORGE MONK . I am a baker at Woolwich—the prisoner has been a commercial traveller—about six months ago he entrusted a mare to me to keep for him—I had the privilege of using it for the keep—I afterwards saw the prisoner in company with Mr. Swift and Sayer—I had three or four meetings with them about accepting a bill of exchange—I think it was at the latter end of July—the prisoner owed Swift some money, and they drew a bill and asked me to accept it—I refused three or four times, because the mare was put up to a raffle—it was in my possession at the time—at last I accepted the bill—they asked me if I would take an "I O U" for the amount of the bill when I refused to accept it—I said no, an I O U was of no use, and the prisoner then said that I should have the mare until the bill was due, if I accepted it for Swift—that was agreed to, that the mare was to be my property until the bill was due, and with that I accepted the bill—that was agreed to in the prisoner's presence—the three of them were present—the words Wadsworth used were, "You won't lose much, you have got the mare"—that was to be my security—I would not have done it upon anything else—we went to the place where the raffle was to be, and stopped it—I and Swift went, not the prisoner—he said he would have the raffle stopped, because he had taken money of persons who had tickets—I afterwards had to meet the bill on the 2nd of this month—I have not got it with me now—I had it yes terday—I have sent down to Woolwich for it. MR. SLEIGH submitted that there was not a case to go the Jury, the pri soner never having parted with his property in the mare, and the prosecutor never having acquired any property in it. MR. DALY contended that it was not necessary that the property should be entirely divested; if it was lodged at a security, and then got back by a contrivance, that would amount to larceny. The RECORDER did not stop the case on this objection, but at its close, the bill not being produced, he was of opinion that without it there was no case, and directed a verdict of NOT GUILTY . 50. JAMES THOMAS (19) , Burglary in the dwellinghouse of William Hayett , and stealing a coat and other articles of John Bear . MR. WOOD conducted the Prosecution. JOHN BEAR . I am a coppersmith, and live at 29, Seymour Street, New Town, Deptford—on Friday, 27th September, I was lodging in the house of Mr. Hayett, 53, Hamilton Street, Deptford—I occupied the front parlour and back bedroom—I went to bed the previous night from ten to half-past—the house was fastened when I came in—I bolted the front door top and bottom, and put the chain on—the back door was fastened and bolted, and the window —there was a broken pane in the window, which had a piece of paper over it—next morning I found that broken; that would enable a person to undo the latch and open the window—I lost two coats, a jacket of my wife's, a pair of boots, a shirt, and a concertina—the landlord called me at half-past six in the morning, and I found my room turned upside down, and pretty nearly everything strewed about the place—I saw a pair of boots in the possession of the witness Putman, they were my property—I also saw a black cloth jacket of my wife's. MARY ANN BEAR . I am the prosecutor's wife—I saw a black cloth jacket of mine produced at the police-court in the prisoner's presence—I had seen it safe the night before the robbery—I know it was my jacket, because I made it myself. WILLIAM HAYETT . I am a shipwright, and keep the house, 53, Hamil ton Street, Deptford—I got up on the morning of the 28th September about half past six, went down stairs, and found the back window wide open—I missed two pairs of boots, a teapot, and a monkey jacket—I saw one pair of boots produced by the pawnbroker at the police-court in the prisoner's presence, and I identified them—I have not seen the teapot since. THOMAS WHITBREAD . I am in the service of Crossley and Phillips, pawnbrokers, Wellington Street, Deptford—on the 28th September some boots were brought to my place by two females, named-Rix and Davis—I had never seen them before—they were the boots which the prosecutor and Hayett afterwards saw and identified—I have not got them here—I was not aware they would be required, as they have been identified. HENRY PUTMAN . I am in the service of Crossley and Phillips—I have not got the black cloth jacket here—I produced it at the Greenwich Police-court, in the prisoner's presence, and Mrs. Bear identified it—it was pawned for 3 s . 6 d . on the 3rd October. SARAH BLAKE . I am the wife of George Henry Blake, who keeps a licensed house at Deptford—the prisoner is a stranger to me—I only saw him come into my house two or three times, talking to two young women, named Ford and Rix, who occupy a room in my house—I was at home the day the police called and searched their room. LAURA FORD . I live at Mr. Blake's, in Stanhope Street, Deptford—I am an unfortunate girl—the prisoner sometimes visits me—I remember the prisoner and a man named Wilson coming to our room about four o'clock one morning six or seven weeks ago—they brought some property with them, three coats and three pairs of boots, two of the coats were overcoats, and there was a monkey jacket and a lady's jacket—I also saw a teapot—Wilson and Thomas brought them in together—I pawned a pair of boots—they took the things altogether, I think about nine o'clock, and carried them away—I don't know where to—I and Rix had a pair of boots each—Wilson gave them to us—we took them to Crossley and Phillips's to pawn—I afterwards saw those boots at the Greenwich Police-court—it was the same day that they brought the things that we went to the pawnbroker's. SUSANNAH ELIZABETH RIX . I live with the last witness—I remember the prisoner and another man coming there at four o'clock one morning about six weeks ago; they brought a parcel containing three pairs of boots, a monkey jacket, and two overcoats—I saw the property afterwards at the police-court—Wilson gave me a pair of boots to pawn, and Ford another pair, and we went and pawned them at Crossley and Phillips's—the remainder of the property they took away together. PETER MARGETSON ( Policeman 106 R ). In consequence of information I received from Ford and Rix, I apprehended the prisoner—I told him it was for being concerned with a man named Wilson—he made no answer. The prisoner's Statement before the Magistrate :—"Wilson came round to our house at four o'clock in the morning, and asked me if I would buy a coat. I asked him what sort of coat it was. He asked me to come and look. He took me to this girl's house. I looked at the coat, it was too big, and put it back. He left two pairs of boots, and took the other things out, tied up in a tablecloth, and took them away about half-past four. GUILTY .*†— Eighteen Month's Imprisonment. 51. JOHN MEARS (28) * PLEADED GUILTY to unlawfully uttering counterfeit coin; second Count, to a like offence. — Twelve Month's Imprison ment on each Count. 52. WILLIAM KNIGHT (30) , to stealing one watch and other articles in the dwellinghouse of James Clark , and after wards burglariously breaking out of the same.— Twelve Month's Imprison ment. [Pleaded guilty: See original trial image.] ADJOURNED TO MONDAY, DECEMBER 16 TH .

OBP

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17490705

HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 5th, Thursday the 6th, Friday the 7th, Saturday the 8th, and Monday the 10th of July. In the 23d Year of His MAJESTY's Reign. BEING THE Sixth SESSIONS in the MAYORALTY of the Rt. Honble Sir William Calvert , Knt. LORD-MAYOR of the CITY of LONDON. NUMBER VI. LONDON: Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1749. [Price Four-pence.] N. B. The Public may be assured, that (during the Mayoralty of the Right Honourable Sir WILLIAM CALVERT , Lord Mayor of this City) the Sessions-Book will be constantly sold for Four-pence, and no more, and that the whole Account of every Sessions shall be carefully compriz'd in One such Four-penny Book, without any farther Burthen on the Purchasers. THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c. BEFORE the Right Honourable Sir WILLIAM CALVERT , Knt. Lord Mayor of the City of London, the Lord Chief Baron PARKER , Mr. Justice FOSTER, and RICHARD ADAMS , Esq; Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Gaol-Delivery of Newgate, holden for the said City, and County of Middlesex. London Jury. John Willis , James Ravinghall , Charles Wilkinson , William Wood , Cyrill Grubbe , Abraham Deacon , Thomas Carter , John Cooper , Robert Rhenolds , John Bissel , Charles Legg , William Brinkley , Middlesex Jury. Walter Lee , John Des Champs , Thomas Huddle , William Payne , William Boozsher , Thomas Bishop , Robert Harrap , Thomas Woodward , John Sandwith , William Wilton , John Manvell , Thomas Gaff . 371. Abraham Mopps , late of London , was indicted, for that he, with three other Persons not yet taken, did make an assault on Samuel Lee on the King's highway, and steal from his person one silk handkerchief, a steel watch-chain, and two steel-seals, from the said Samuel Lee . June 2d . Samuel Lee . On the 2d of June as I was walking through Cheap-side betwixt 5 and 6 o'clock in the afternoon, the prisoner, and three others, came up to me, all dressed in sailors habits, near Queen-street . One of them came just before me, and stopped me; I do not remember he said any thing to me; the prisoner came on my right-side, and took my handkerchief out of my pocket, I saw him take it, and endeavoured to catch at it, upon which he threw it to another of them, and it fell to the ground. The Man had an oaken stick with a tuck in it, he pointed the tuck to my breast, that I should not take it up; then he took it up on the point of his tuck, and I turned about and took it off the spear. While I was turning about, the prisoner got hold of my watch-chain. He pulled it with such force, that the chain broke at the swivel. I catched it in my hand; he run down Queen-street, the other three run cross the way, I did not observe them how they got off; I cried out stop thief, and run after the prisoner to the bottom of Pancras-lane, and there I laid hold of him. I carried him to the Counter, and the next morning he was brought before Alderman Whitaker, and he committed him to Newgate. The prisoner was never out of my sight till I took him. Q. How long was this about their stopping you in Cheap-side. Lee. About a minute, or a minute and half, my Lord. Q. Are you certain the prisoner is the person that took the chain and the handkerchief out of your pocket? Lee. I am very certain he is the man. Prisoner's Defence. I was going through Cheapside, the gentleman turned about, and found his handkerchief on the ground; I went by, he called out stop thief, I was taken hold on: before the Alderman he could not swear I took the watch-chain. Lee. I had no doubt about his taking the chain from my watch; but I intended to be as favourable as I could. Guilty of Felony, acquitted of the Robbery . [Transportation. See summary.] 372. Mary Linck , late of St. Clements Dane , Middlesex, was indicted for stealing one gold ring, value 9 s. the goods of George Freeland . June 17 . Guilty of Felony. [Transportation. See summary.] 373. John Wright , late of St. George's Hanover-square , was indicted, for that he, upon Ann , wife of the said John, with a certain knife made of iron and steel, value 2 d. held in his right-hand on the neck of the said Ann, did give a mortal wound one inch long and half an inch deep, upon which she did languish from the 13th till the 21st of May , and then died. He stood likewise a second time charged with the Coroner's Inquest for the said murder . John Baker . The prisoner, and two other chairmen , came into my house about ten at night, on the 13th of May, and called for two pots of beer, and bread and cheese. She lodged at my house; his wife abused him very much in language: the prisoner desired her to go to bed several times, she would not. I at last went to her, and said, if she would not go to bed, and cease this noise, I would charge the watch with her; the other two chairmen that were drinking with him, paid their reckoning, and went away, and left the prisoner and his wife together: she staid about a quarter of an hour scolding at him, at last she went out at the house-door, and he followed her: they had not been out of the house above a minute, but she returned with her hand to her neck, and said she was hurt. I saw the blood run over her hand, she sat down on a form, she took her hand and apron from her neck, and I saw the blood fly out of her neck. I went to the door, and the prisoner was sitting by the watchman on the bench; I told him what he had done, saying, you have murdered your wife: says he, I have not; he and the watchman came in where she was: so I charged the watchman with him, the house was full of people, and I did not hear what she said. Before I went with him to the watch-house, I took the knife out of his pocket. Q. Did you perceive any blood upon it? Baker. I did not, my Lord. I led him to the watch-house; he said there was no occasion to hold him, for he would not run away: this was the Saturday night, and she lived till the Sunday sevennight following. She came to my house on the Tuesday after; but I was busy, and never spoke to her; she went up stairs to change her clothes, and desired me to bail her husband the prisoner out of the Gate-house. He is a chairman, a very hard working man; I have known him eight or nine years, and she was a very foul-mouth'd woman. John Dalley . On the 13th of May, about ten a clock at night, I happened to be drinking a pint of beer in this house, I saw the deceased strike the prisoner several times on his head and shoulders; he appeared very good-humoured, and did not strike her, as I saw. He desired her to go to bed, she would not: she went out of the door, and he followed her; she returned in about a minute's time with her hand up to her neck; I did not perceive the blood at that time; she cried out, the rogue shall not murder me: she took her hand from her neck, and I saw the blood spout out of it; he came in a little time after, and the people told him, he had murdered his wife, and would be hanged; he sat down on a bench, and smiled, and said, he did not care, he was glad of it. The landlord took hold of him, and asked if he had got a knife about him. The prisoner said he had got never a one. I saw the landlord take the knife out of the prisoner's breeches pocket, I took it out of the landlord's hand. Q. Was it bloody? Daliey. It was a little bloody, it was fresh blood being moist, I put the knife in my pocket, and paid my reckoning, and went out of the house. I kept it till the next morning; then the landlord sent for it, and I delivered it to him. It was shewed in Court, a common sheaf-knife with a sharp point. John Morgain . I am watchman in the place. I was sitting on the bench at the door betwixt ten and eleven, with my lanthorn and candle by me, the woman came running out, the prisoner followed her, she went round a chair, and he after her; he did not overtake her in the street: she said, if I must die, I will die in good company: she turned into the door of the house again, and he after her, he had not as yet been so nigh her as to touch her, and what was done must be done in the passage at the door; for there he got up to her, I did not see him give the wound; she was out of the house but about half a minute. I took him to the watch-house that night. Richard Maplethorp . On the Sunday in the afternoon the deceased was brought to St. George's hospital, I examined her, and found a wound on the right side of her neck, it had been dressed by a Surgeon the day before; and as the woman seemed in very good health, and no bad symptoms, I did not remove the dressings that day; but in dressing it the next day, I found the wound pretty deep, but I did not apprehend it to be mortal then: she continued seemingly in very good health till Friday morning, and eat the common diet as is there allowed: she was then seized suddenly with a fit, was never sensible afterwards, and died the Sunday following. The reason of her having this fit I apprehend was owing to the violent passion she threw herself in for the concern of her husband being in prison, as she had shewed a great concern for him all the time she had been in the Hospital; she once asked me to sign a note, to get him released out of prison. Q. Do you think this wound she had received on her neck, was the cause of her death? Maplethorp. I believe the bad consequences that followed the wound, were the occasion of her death. Prisoner's Defence. I have been married to the deceased about four years; she was a very honest woman; she was given to a glass of liquor. I came into my landlord's house with two men with me on the 13th of May. My wife abused me with her tongue, calling me many names, and beat me: she was very passionate, and said she would go away. I said she should not go away: I flung the knife out of my hand, but did not think of hurting so much as a dog or cat: she said she was hurt, and I was committed to the Gate-house; she sent me eighteen pence, knowing I had no money, and she sent word, she would come and get me out on the Tuesday following; she came, and called for a tankard of beer, and we drank it together; she paid for it, and gave me six-pence, and said it was she herself that was to blame; after we desired God to bless each other, she went to the Hospital directly. Guilty of Manslaughter . [Branding. See summary.] 374, 375. William Shepherd and John Fryer alias Turnpine , were indicted for stealing one silver tankard, value 8 l. the goods of Esther Vandome , widow, out of the dwelling-house of the said Esther . May 24 . Esther Vandome . On the 24th of May the two prisoners with another came into my house after ten o'clock at night. They sat down and eat their salmon, they sat till such time the house was clear, there were none left but the people that lodged in the house, I went backward, in the mean time they called for the reckoning; as I was coming in at the door, one of them, that is, Fryer, held a sixpence to me, two of them got to the door, and held it open; as he paid me he put his hand behind me where the tankard stood. A witness that is here cried out stop the boy, he has got the tankard; he pushed out of the house, I ran after him, and saw the bottom-edge of the tankard; he ran one way, and the others another, and, it being dark, we could not take any of them; we found one of their hats, but never found the tankard; it was the same tankard they had been drinking out of. I employed two or three people to look about for them, and one day last week one of the witnesses brought Shepherd to me. He said he did not steal the tankard, but one of his company did; he said the others were washing themselves in the river; we carried him before a magistrate, he denied it, and said he never was in my house before he was brought in; but he forgot himself, and said there were more people in the house, and why should I judge it upon him? John Hains . I lodge in Mrs. Vandome's house, I was standing at the bar the time the tankard was lost. I was in my night-gown and slippers, the little boy , Shepherd, and another came up to me, and asked me what was to pay? Says I, Mrs. Vandome is backward, I cannot tell; with that the biggest boy , Fryer, stood still with the tankard by him about four yards from me; there was no-body in that room but them, there were some people in the other room that lodged in the house: Fryer said, let us have another tankard, come back. This was when the other two were at the door, they did not agree to it; then, says he, let us have another pint. No, said they; Fryer called to pay, I went to him, the tankard was standing by him: says I, here are 2 tankards scored, I apprehend that is all; he gives Mrs. Vandome 6 d. out of his right-hand, and I observed he had his hat betwixt his legs in his left-hand; at the very moment the land-lady open'd the door, that moment he took the tankard, and went by her. He pushed very furiously through the room; I called to the people to stop him, I missed the tankard and him together; he must cover it with his hat. Samuel Clark . I saw the three boys come in, they went and sat down backwards, and called for a tankard of beer, I saw them drinking of it, and when they went out the tankard was missing; we went after them, but could not find them, or the tankard; they went through the room where I was, as before described; I saw Fryer's hat between his legs, as if it was to cover something. Robert Lee . I was in the house when they came in, and went backwards, and called for a tankard of beer, they had some salmon of my wife, she was sitting at the door; they drank to my wife out of this tankard, I was sitting in the fore-room; and, when Mr. Hains called out, saying, they had got the tankard, I went out in pursuit of them, but we could not find them. Fryer's Defence. I never was in the house in my life, before I was taken up, and carried there. Prosecutor. I sat within a yard of them, and remember them both well. Shepherd. I never was in the house, nor drunk out of the tankard in my life. Both Guilty . Death . 376. John Bartholomew , late of St. James's Westminster , Stable-keeper , was indicted, for that he, with a certain knife made of iron and steel, val. 1 s. upon one William Smith , on the left side of his belly, did make one mortal wound, breadth two inches, and depth three; whereupon he, the said William, did languish from the 20th of June to the 23d of the same month, and then died : He also stood charged on the Coroner's Inquest for Man-slaughter. Sarah Turner . John Bartholomew came the Tuesday before quarter-day into the house, and he and I and his wife went into the little room, he was an apprentice of Bailey's: presently comes William Smith into the house, I knew his voice. I had lock'd the door, and given the key to the prisoner; William Smith came to the door, and tap'd, and said, open the door; the prisoner said, let any man open it on his peril; the door opened inwards, he shoved against it, the prisoner and his wife clapp'd their hands on the lock to secure it; Smith said he would have the door open; he, shoving hard, the door flew open immediately; it was burst open by violence: then the prisoner fetched a blow at him; but I saw no weapon, I did not see the wound till about an hour after. Q. Did you hear any words pass between them after the door was open? Turner. I did not, my Lord. Q. Do you know of any former quarrels between them? Turner. I have heard the prisoner forewarn William Smith his house; telling him, if he had any thing belonging to him upon the premisses, to take it away, and be gone from his house. Q. Were you a servant there? Turner. I am a lodger there. Joseph Carpenter . I was at supper with my fellow servants, and the prisoner came in with his wife, and Mr. Smith the deceased came in with his whip in his hand; the prisoner was in the back room, Mr. Smith went up to the door, and knock'd with his knuckles; presently the door flew open, and I saw the prisoner come out; I heard a shreek out, my fellow-servant took hold of the prisoner, and I took the knife out of his hand. It was shewed in Court, a long Clasp knife with a sharp point. Mr. Smith went into the street, and desir'd a Surgeon might be sent for. Q. Was the knife open? Carpenter. It was, my Lord. Q. Was it bloody? Carpenter. There was some blood upon it, I helped the deceased up stairs, and laid him down on the bed. Q. Did you ever hear any quarrelling between them before this? Carpenter. I have heard the deceased abuse the prisoner in his own house, calling him rogue and scoundrel, telling him, he had no business there; saying, he himself was landlord. William Segwick . I was in the house the time this thing happened; I saw Mr. Smith come in with his whip in his hand, he came to the door, and, after a little time, the door flew open. The prisoner and the deceased came and rushed forward towards the street; who came first, I cannot tell: I was sitting behind the last witness almost in the dark, I went out and laid hold of the prisoner, while the other witness took a knife out of his hand; in the fright I did not see the knife. I was servant to the prisoner, he is a very honest man, he always appeared as such to me. Husband Messinger. I am a Surgeon; when I was called to the deceased, I found him with his bowels lying out of his body, which was very soon after it happened. It was my judgment that he could not live, and I told all about me so; he lived near three days, in which time I visited him six times; he was sensible during the whole till a little before he died; I never saw him insensible: he did not give me any account how it happen'd. Q. Do you think that wound was the cause of his death? Messinger. I believe it was; but how he receiv'd it, I cannot tell. Prisoner's Defence. I have been turned out of my own house by that man into the street, and abused by him, and have been driven out of my senses. Bathsheba Chethem . I have seen Mr. Smith stand at Mr. Bartholomew's door, and forbid him his own house, and shut the door against him, and he, the prisoner, has gone about the street, and cried like a child. It is a public inn the prisoner kept, and he used to let out coaches and chaises. I have known him about ten or eleven years; he is a soft, inoffensive man. The deceased once put the prisoner into the Gate-house, and when he came home, he would not let him come into his own house. William Cherrey . I have known the prisoner ever since he kept the inn . It is the Plough inn in Princess-street; it is about nine or ten years. I always looked upon him as an honest, inoffensive man. I never saw the deceased but a few days before he died standing at the door, as though he was master of the house. Margaret Christian . I lived with the prisoner six years, he is a very honest man. I was present when the accident happen'd; I was not his servant then, I was there for a pint of beer; I was standing upon the stairs, and I heard the prisoner say, let any man open the door upon his peril. Mr. Smith said, he would do for him presently, he would have a baily there in half an hour's time; he pushed open the door with his hand, the prisoner met him, and fetched a blow at him; but I saw no weapen he had. Q. Did you ever know the prisoner guilty of passion? Christian. No, I never did. I know this Smith has been a great enemy to him, and has troubled him many times. Q. What do you think might be the reason of his thus using the prisoner? Christian. I believe he was greater with the prisoner's wife than he should be. Q. Have you made any observations of that the time you lived in the house? Christian. I cannot say I have. James Scott . I live in the neighbourhood, I have known the prisoner fourteen or fifteen years, and always looked upon him as an honest, inoffensive man, a very hard labouring man. Hugh Bedle . I live within three or four doors of the prisoner; the character of the man appeared extraordinary good, a pains-taking man. It was talked in the neighbourhood Mr. Smith was too great with his wife; but how far, I cannot say. Hen. Kellsoe. I live near the prisoner, he is a very honest hard working man; I have traded with him, and always found him so. Q. Was he a man of passion? Kellsoe. I never saw or heard he was a passionate man. Guilty of man-slaughter. [Branding. See summary.] 377. Margaret Harvey , wife of John Harvey, alias Mason , was indicted for stealing a gold-watch and gold-chain, value 20 l. the goods of Robert Lane , from his person . June 14 . Robert Lane. On the 14th of June, betwixt seven and eight in the evening, I was going through Russel-street , Covent-Garden, this woman was with four men; as I came up, I went betwixt them; the woman had her hand down, and took hold of the chain of my watch; she took it out of my pocket, and put it into her bosom under her cloak: immediately I laid hold of the chain, and, with some difficulty, by twisting my fingers in the chain I got it again: she said, what is the man going to do? I laid hold of her to secure her; one of the men that was with her put my hand from her, and gave her a slight blow on the shoulders says he, let the bitch alone, she is only drunk; she immediately turned up a court, and the men stood before me, to prevent my following her; I went immediately over the way into a public house, the master of the house, and several more, came out. We went cross the way, and secured the woman directly, and had her before the Justice, and she was committed. Joseph Wetherby . The prosecutor had not been gone out of my house above a minute, or thereabouts, before he returned with his watch in his hand; he told me the case, so I, and some others, run over the way; I knew the court was no thorough-fare; there we took the prisoner at the corner of the court; I took her to my own house, where I sent for an officer. Prisoner's Defence. I never meddled with him; he met me, and asked me to go and drink along with him. Why did he not secure the men he said were with me? Guilty , Death . 378. Ann Mac-Parson , widow, was indicted for stealing two holland shirts, val. 10 s. four holland shifts, val. 10 s. and other things , the goods of the Right Honourable Geo. Anson . June 26 . Abigail Pierce . I am landry-maid to my Lord Anson, the prisoner was employed as a washerwoman ; we missed these things at divers times, and I found them at last at two pawn-brokers, four shirts of my Lord's, two shifts of my Lady's, seven napkins, a handkerchief and neckcloth. The things were produced, and swore to; the pawn-broker's servant swore to the prisoner's bringing them. The prisoner made no defence. Guilty 4 s. 10 d. [Transportation. See summary.] 379. Richard Highmore , late of London , was indicted for stealing one linnen handkerchief, val. 10 d. the goods of Richard Lassels . May 19 . Guilty 10 d. [Transportation. See summary.] 380. James Brown was indicted for privately stealing forty-four yards of sattin-ribbon, value 15 s. the goods of Thomas Brown and Co. in the shop of the said Thomas, &c . May 31 . Sweeting Richards, the apprentice, proved he saw the prisoner take the three pieces of ribbon, and put them into her pocket. The master Thomas Brown , on telling her he would have his maid come and search her. she the said prisoner produced the pieces: they both swore to them as Mr. Brown's and Com. property. The prisoner own'd it, and begg'd mercy of the Court. Guilty 4 s. 10 d. [Branding. See summary.] 381. George Johnson , was indicted for stealing fifty yards of galloon, val. 4 s. the goods of Thomas Brown and Co . June 8 . Sweeting Richards proved he saw the prisoner take two pieces of galloon and put them in his apron, where Mr. Brown and he found them, and swore to them as Mr. Brown's and Co. property. He was found Guilty 10 d. [Transportation. See summary.] 382. David Smith was indicted for stealing 2 s. 6 d. the goods of Edmund Woods , June 12 . Acquitted . 383. William Warring , was indicted for stealing a silver watch, val. 30 s. the goods of John King , May 31 . Acquitted . 384. William Hudspitch , late of St. Martin's in the Fields , was indicted for stealing one glass belonging to a coach-door, val. 12 s. the goods of John Orme , May 10 . Guilty . [Transportation. See summary.] 385. James Hill , late of St. Martin's in the Fields , was indicted for a robbery on the King's high-way, on the person of Thomas Page , putting him in corporal fear, &c. and taking from him one periwig, val. 10 s. against the will of the said Thomas , May 16 Thomas Page . As I was going along the Strand , near Round Court , the 16th of May about eleven at night, I felt my periwig going from my head, upon which I clap'd my hand to my hat to save that, I turned and saw the prisoner at the bar, with my wig in his hand; he run, I pursued him, crying stop thief! he did not run above a hundred yards before he was stop'd; he was never out of me fight, and it was a very moon-light night; he ask'd me what he had done, I told him he had rob'd me of my periwig; he had drop'd it between his legs, and I took it up. Prisoner's Defence. I happened to be coming by at that time, being a little way up the Court, I heard somebody cry, stop thief! I happen'd to light of the wig that lay there; there were two men laid hold of me, I knew nothing of the wig. Guilty of Felony only . [Transportation. See summary.] 386. Jane Rushing , late of St. Martin's in the Fields , spinster, was indicted for stealing one cambrick hood, val. 5 s. one pair of cambrick ruffles lac'd, val. 3 s. three cotton curtains, val. 3 s. two linen shifts, val. 5 s. and other things the goods of William Dukey , April 11 . William Dukey depos'd he found some of the goods upon the prisoner, and some in pawn where she directed him to go, and that the prisoner declared they were his goods. She was found guilty of Felony. [Transportation. See summary.] 387. Mary Willey , the wife of John Willey , was indicted for stealing four iron keys, and a ring, val. one penny, and 2 s. in money , the property of Elizabeth Hooten , May 10 . Guilty . [Transportation. See summary.] 388. Hannah Bradley , late of St. George's, Hanover-square , was indicted for stealing one cotton gown, val. 6 s. one linnen apron, val. 1 s. one cloth pocket, val. one penny, and 5 s. in money , the property of Richard Pocock , June 7 . The prisoner owned before the Justice she had the pocket and money, and the other things. Guilty . [Transportation. See summary.] 389, 390. Thomas White , and Rachael Horne , were indicted for stealing two damask table-cloths, val. 10 s. one table cloth val. 5 s. one fustian frock, val. 5 s. and other things , the goods of Thomas Kemp , Esq . May 21 . Thomas White Guilty , Rach Horne Acquitted . [Transportation. See summary.] 391. George Stracy , late of St. Martin's in the Fields , was indicted for breaking and entering the dwelling-house of John Leydon , in company with John Wright Newark , and Benjamin Henry , and stealing out thence one damask table-cloth, val. 10 s. nine napkins, one silver streamer, nine punch-bowls, the goods of the said John Leydon , December 26 . The principal evidence was Benjamin Henry , an accomplice, who gave the same account he did before against John Wright Newark , the last Sessions, but not being supported by any other evidence of credit, the prisoner was Acquitted . 392, 393. Andrew Darwey , and Edward Dumsey , were indicted for stealing one piece of check, val. 10 s. the goods of Thomas Cooper . Andrew Darwey Guilty 4 s. 10 d. Edward Dumsey Acquitted . They were indicted a second time for stealing three silk handkerchiefs, val. 9 s. one pair of silk and worsted stockings, val. 9 s. the goods of George Shelley , both Acquitted . [Transportation. See summary.] 394. Elizabeth Nelthorpe , alias Harling , late of St. Mary, White-chappel , was indicted for marrying John Harling , her former husband Thomas Nelthorpe being then living . William Hudson . The prisoner at the bar was married to Tom Nelthorpe in the year 1739, Bartholomew Fair -time, according to the ceremony of the Church of England, at Mr. Bayce's at the King's-house by Fleet-ditch; I gave her away in marriage; I cannot tell whether she went to cohabit with him; he lived servant at the Castle-tavern, St. Giles's. Q. When did you see Mr. Nelthorpe? Hudson. Not a twelvemonth ago in Fleet-street, and drank with him at the Gentleman and Porter there. John Harling . I know the prisoner to my sorrow: I was married to her in White-chapel Church the 14th of September , 1740. Prisoner. You are very sensible I was a maid when I married you; so I cannot be said to have another Husband before. Harling. I do not know you was a maid. The Rev'd Mr. Troborne. Here is the Register of St. Mary's, White-chapel, 1740, 14 Sept. I married John Harvey and Lucretia Philips , both of the Parish of Aldgate, (the name she then went by.) Prisoner's Defence. John Harling took me away from my Friends, he has married another woman, I went to him for a maintenance, and he gave me a bond of 50 l. never to molest me. That other witness, Hudson, came to me and said h e had a guinea for swearing; and he said if I would give him another he would swear on my side. All she said was afterwards contradicted by the two evidences. Guilty of Felony. [Branding. See summary.] 395. Elizabeth Preston , wife of John Preston , was indicted for stealing one linen sheet, val. 10 d. the goods of John Cannon . The prosecutor not appearing she was acquitted . 396. Sarah Lewis , late of St. Margaret, Westminster , spinster, was indicted for stealing one straw-hat, val. 1 s. one Camblet gown, val. 1 s. and other things the goods of Mary Jones , June 11 . The prosecutor not appearing she was acquitted . 397, 398. Thomas Obrian and Martin Lacy , both of St. Mary, Islington , were indicted for stealing one feather-bed, val. 20 s. one bolster, val. 5 s. four blankets, five harrateen Curtains , the goods of Isabella Gardiner , spinster, May 20 . Isabella Gardner. These things laid in the indictment, I lost from out of a shed on the back of my house, May 20. John Wise . The 21st of May I and Nathan Neal , and another person that lives at Ben. Johnson's head at Stepney, we being there saw those two prisoners pass by with large bundles on their backs. I said to Mr. Neal these two fellows have got each a load which seem not to be their own; let us stop them and enquire whether they came honestly by them or not. We went after them and stop'd them, and ask'd them if the goods were their own; they said they had them in Spittlefields; one of them said they were going with them to Limehouse-hole; the other said they were going to Black-wall; said I, we shall stop you on suspicion that you have not come honestly by them; I went for a constable, and desired Mr. Neal and the other person to take charge of them. I went and brought an Officer and a Watchman; they were gone with the bundles and Mr. Neal followed them, so we went down to Limehouse Hole to see if they were gone there: we saw a person at the plying place who told us there were no such persons come that way; we all three went back again, and Mr. Neal's wife came and told us they had charg'd Mr. Neal with hindering them in their passage, and he had charg'd the Constable with them: This was in Ratcliff high-way, I went to them, and we had them before Justice Rickets, and he sent them to Clerkenwell Bridewell. Nathan Neal confirmed the same. Obrian's Defence. I met a man in the middle of the street, he hired us to carry the goods to the Red House, Deptford. We were to have 3 s. a piece. Lacy's Defence. Daniel Baker met us in that street, and desired us to carry these goods, saying, I'll give you 3 s. says I, If you'll give us 3 s. a piece we'll carry them, he agreed to it; and as we were going with them these gentlemen stop'd us, and ask'd us where we were going with them; I told them to the Red House in Deptford; said they, this is not the way; one of them followed us; said I, since you are after us I'll go along with you where you will; when we were in Old Gravel Lane he offer'd for a shilling to let us go. Both guilty of Felony. [Transportation. See summary.] 399. Samuel Hutton , late of the parish of St. Mary-le-bon , was indicted for stealing one hip-rafter, nine pieces of wood, val. 9 s. the goods of George Strutton , and 160 pantiles, the goods of Ambrose Parish . July 1 . Guilty . [Transportation. See summary.] 400. Elizabeth Cartwright , late of St. Mary-Whitechapel , spinster, was indicted for stealing one silk handkerchief, and one knife , the goods of William Patterson . Acquitted . 401. George Platt , was indicted for stealing 3 hempen sacks, val. 3 s. the goods of William Shelton . June 21 Guilty 10 d. [Whipping. See summary.] 402. George Parish , was indicted for stealing one linnen shirt, val. 1 s. the goods of William Sedel , one linnen handkerchief, val. 10 d. the goods of Ann Dobney , widow. Guilty 10 d. [Transportation. See summary.] 403. James Wells , late of St. Mary WhiteChapel , was indicted for stealing one pair of leather boots, four pair of leather shoes, and three odd shoes , the goods of Francis Stevens . June 17 . Acquitted . 404. John Gray , late of St. Paul's Shadwell , was indicted for Felony and Murder, that he, on the 21st of May , on Ann his wife , with a certain knife made of iron and steel, that he held in his right hand, on the throat of the said Ann, did strike and cut, giving the said Ann one mortal wound, length five inches, depth three inches, of which she instantly died . He also stood charged on the Coroner's Inquest for the said murder. Michael Murray . The prisoner's wife lived a servant with me. On Sunday, the 21st of May, they were at breakfast together (as I suppose) in the kitchen about ten o'clock in the morning; what words passed between them, I know not; but my boy called to me, and said, Mr. Gray had killed his wife, I turned about, and ran to him, she fell just by the bar-door, he stood by her. I saw the wound on her neck, I put my hand upon it, and called for a Doctor or Surgeon; the wind and blood coming out so fast, she died directly. Her throat and wind-pipe were cut a-cross, almost from ear to ear: said I, you rogue, do not stir, she is dead, and you shall be hanged; I got hold of him, and took the knife out of his hand. I was obliged to strike him twice before I could get it out of his hand. [The knife was shewed in Court, a case-knife with a round point.] here is the blood on it, his hands trembled, and he swore and curs'd. He said, he did the thing, and he did not want to go off; saying, he would be hang'd first. He was not at all daunted at the thing. The next day he said he was willing to die for it. George Potter . I was backwards behind the kitchen, the prisoner and his wife were together, I heard her shrike out; I ran to see, and called my master, who put his hand upon the wound; I ran for a Doctor; the prisoner was standing in the kitchen with the knife in his hand. Just as she fell I past him, who said, Now I have done it. On the day before he beat her, and abused her with bad names, and then he threatened to kill her. This was a little after two o'clock; I was in the kitchen with them. David Ryon . The Saturday night, betwixt 11 and 12 at night, the night before the prisoner murdered his wife, the prisoner said (before the other two servants and a lodger and I) You whore, I'll see an end of you: no-body shall see you more. This was spoke in the fore-room. Thomas Hide , one of the men that heard this, is now at Bristol. He then struck her three or four times over the face; he went out with a bundle of clothes, when he returned early the next morning, and knock'd at the door, we would not let him in till about 8 o'clock; he went and lay down on a bench at the back-door, and slept. When the door was opened he came in, and went up stairs, and came down again; he did so several times. I went up and told his wife, her husband had been asking for her: she came down and made a fire, and set on the tea-kettle, he came and sat down near her; they had some grumbling words, I cannot tell what. I heard her say, she desired none of his talk, and desired he would let her alone; then I stepped out of the kitchen; I had not been gone half a minute before she came towards me with her throat cut, and beckon'd after me with one of her hands. My master stood at the fore-door, I cried, Master, Master, John Gray has killed his wife. Mr. Murray said, What have you killed your wife with? It is done, said the prisoner, and I cannot help it, it is all I wanted. Arthur Keneley . I am the constable. When we took the prisoner before the Justice, he there had nothing to say in his own defence. He signed his own confession, and I carried him to Newgate. Prisoner's Defence. I came home from the West-Indies in a Man of War, I lodged in Mr. Murray's house, my wife came from Bristol to me. I went and took a room, we lived together 8 or 9 weeks; I got a voyage to the Northward, my wife was agreeable, when I was going away: said Mr. Murray, I should be very welcome to let my wife be there till I came back; I thought it would save expences. When I returned, I found the strangest alteration, she looked quite cold and black upon me, in private she would use me very barbarously. On the Friday-night before this happened, I took her to task, saying, What is the Reason of this alteration? She called me Old Dog, and hit me a blow on my mouth, and made my nose bleed. Betwixt 4 and 5 o'clock next morning she got up, and swore (I never heard her swear before) she would never lie in a bed with me more, saying, she would go out of the house or I should. I did not come down stairs till about two hours afterwards; when I came down, I asked her the reason of her usage last night? I kick'd her back-side two or three times, saying, I have a good mind to turn you out of the house (she encouraged that very boy to use me ill, and all the people of the house looked black upon me.) The man of the house came down, and said, I desire none of this; if she is your wife, she is my servant. I went out, and staid till about 6 o'clock. I desired, at my return, to be reconciled: she bid me be gone, and said, I should not lie in a bed where she lay: said I, then go and get my things; she went very willingly up stairs, and tied my things up, (this was about ten o'clock) and came and perfectly shoved me out of the house, I thought it was a folly to return. I went on board the vessel, and related the story to an acquaintance there; he desired me to go and be reconciled. The tide served, I took a wherry, and all my clothes, and came to the back-door, I believe, about half an hour after 3 o'clock in the morning. I knocked there, and put my clothes upon a place; I said to a man, I desire you will take care of these things, and I will satisfy you, while I go up street to see for a house open; I found one, and went in, and called for a pint of beer. When I returned, the man and things were gone: I asked people after them, but could not hear of them. The things were taken in by my wife, she opened the door, and looked earnestly at me, then she shut it, and would not let me in; so I knocked at the door, and no door opened. I went away to the house where I came from, and staid there till about eight o'clock. When I came in, I asked every body about the things, no-body knew any thing of them. I did not see my wife till a good while after; at last I saw her, and ask'd her about the things: she said, D - n you, I know no business you, or your things, have here. Do you think, said I, I will go away without letting the world know the reason? besides, I owe the landlord money, and I shall pay him before I go away. When she came into the kitchen, it was to toast a bit of bread upon the point of that knife. I leaned my back against the bench, and talked to her very seriously; she told me, she wanted no discourse with me. I desired to make it up, and went to salute her; she clapped both her hands against me, and pushed me away, and then took the knife, and flung it at me with all the violence in life. I catched up the knife, and fetched a stroke at her, and knew not where she was cut; she started and run from me: I looked after her, and saw her drop. I never offered to run away. Guilty of Wilful Murder . [Death. See summary.] 405. John Luise Juncker was indicted for stealing a pair of silver shoe and knee-buckles, val. 30 s. one pair of studs, and half a moidore, and 6 s. and 6 d. in silver, the goods of Daniel Billets , one pair of silver knee-buckles, one silver stock-buckle, one silk handkerchief, one pair of silver studs, the goods of Henry Merder , one perriwig, the goods of Condra Dedrick . Apr. 12 . The prisoner was a German, and could not speak English; he was tried by half the London-Jury, and half the Jury of Foreigners, and had an interpreter, to let him know what each witness deposed against him. The things being found in the prisoner's possession, and he gone off with them as far as Kingston from London, he was found Guilty . [Transportation. See summary.] 406. John Steward was indicted, for that he, in company with two others not yet taken, on the King's high-way, did make an assault on , putting him in bodily fear, and taking from his person one man's hat, val. 2 s. one walking cane, val. 5 s. and eight shillings in money, his property . June 23 . Dedrick Jacob Hane . On the 23d of June, as I was coming from London-stone Coffee-house, about 11 at night, I was knocked down in Swithin's-lane by three or four people, I do not know who they were. They took my hat and cane and eight shillings and upwards in money, they did not say a word before they knocked me down. I called out, one of them said, it will be best for you to be quiet, another bid him shoot me. I pursued one of them into Cannon-street, up to Walbrook, crying out, Stop thief, I am robb'd, &c. one of the evidences, being in the street, pursued and took him. I, being much surprized, went home, and saw no more of it that night; the next day I was summoned before the sitting Alderman to know if I knew the prisoner. I said, I could not swear to him. My wig was found lying in the kennel. Charles Priest . I am the man that pursued and took the prisoner. As I was going home between 11 and 12 o'clock at night the 23d of June, in Cannon-street by the end of Swithin's-lane, I saw the prisoner run, and the gentleman, pursuing him closely without hat or wig, crying out stop thief. Q. Which way were they running? Priest. Out of Swithin's-lane into Cannon-street. The gentleman stopped at the watch house door, at the corner of Swithin's-lane, and desired me to pursue the man; I pursued him, he ran up Wallbrook, fell down, and before he could get up again I collared him, and called to a watchman for assistance, which he did; we carried him back to the watch-house; the gentleman that was robb'd was gone when we got there. The prisoner was carried that night to the Poultry-counter. Q. Are you very sure the prisoner is the man that came running out of Swithin's-lane? Priest. He is the very man that was running as hard as he could, and the prosecutor pursuing, the gentleman was very near him; he was searched, there was about nine-pence, and a small clasp knife in his pockets. Thomas Hussington . I was constable the 23d of June. I heard a screaming in the street, I listened to it, in about two minutes I heard it repeated, and also they called out for the watch; as I was unbolting the door I saw two men run by me very swiftly; as soon as I got out of the watch house, the prosecutor was at the end of the lane without hat or wig, in looking about we found the prosecutor's wig, and, in the kennel, we found a sort of a crab-stick; while we were thus searching the street, word was brought me, one of the fellows was taken; I would have prevailed upon the prosecutor to have gone down to the watch-house; he was so much surprised he would not, but went home. Upon my returning to the watch-house, Mr. Priest, the prisoner, and two of our watchmen were there. Mr. Priest gave a particular account how he saw Mr. Hane pursuing to the end of the Lane, and how he took him; giving the same account he does now. I examined the prisoner of his being there, and his running away in that manner? His answer was, he saw a riot and quarrel, and he was afraid of being drawn into it. I then asked him, Who he was, or what he was? he gave me no satisfactory answer as to his character; I searched him, and found as before mentioned. I found a pocket-book in his jacket, in which was his discharge from the King's service. I carried him to the Counter; the next morning he was examined by Alderman Winterbottom; he was there asked, why he run away, if he was an innocent person? his answer was, He heard there had been a robbery, and he ran away fearing he should be taken up by the watch. The Alderman told him, if he was an innocent person he ought to have gone and assisted the person robbed. Christian Reader . The 23d of June, about half an hour after eleven, I saw three men in Swithin's lane standing up at Alderman Atkins's door, I knocked at our gate, and called our watchman out; I took a particular notice of the three men: as to the man's face, I can say nothing to it; but, as to his size and dress, I think the prisoner at the bar was one of them; this was about four minutes before the cry of Stop thief , &c. As soon as the out-cry was made, we came to the gate, and saw two fellows run up the lane; they, I look upon, to be the other two men, they ran towards Lumbard-street. I went next morning to the Poultry-Counter, and took two men with me, to whom I had given the description, and looked on the prisoner, and found he answered to the description I had given. I then did, and still think, he was one of the three men I saw standing there. Q. What a clock was it when you saw them? Reader. It was at least half an hour after eleven, I passed by them on the other side the way. Prisoner's Defence. I am very innocent about the matter. Guilty . Death . 407. Christopher Sharp , was indicted for stealing one handkerchief, value 2 d. the property of James Dunn . June 27 . Guilty . [Transportation. See summary.] 408. Ann Sherrington , late of the parish of St. Andrew Holborn , spinster, was indicted for stealing one pair of linnen sheets, value 5 s. two blankets, value 3 s. one coverlid, value 3 s. one brass-candlestick, value 6 d. one box-iron and two heaters, value 1 s. the goods of Hewerton Clark . Feb. 15 . Acquitted . 409. Hugh Neal , late of St. Giles in the Fields , was indicted for stealing one linnen waistcoat, val. 4 s. the goods of Thomas Hunt . June 15 . Acquitted . 410. John Cropley , late of St. Margaret's, Westminster , was indicted for forging an Exchange bill of 200 l. and did utter and publish the same as a true bill of Exchange, knowing it to be forged . He had a second indictment against him for the forgery of a bill for the payment of 30 l. and a third for forging and publishing of another bill for the payment of 150 l. As the prisoner was clerk to a Gentleman, who was agent for several regiments, his method was, after a bill had been paid at the bankers, witnessed on the back, he had the keeping of them in a drawer; he would erase out the name on the back, and send it again by another hand, and receive the money over again; and at last, rather than be found out, be destroyed those bills, with several others. It appeared, upon the learned arguments of the Counsel, that his crime was of such a nature, there was no act of Parliament in being to found an indictment upon. He was therefore acquitted by the Court without examining any witness, and ordered to take his trial, for high crimes and misdemeanours, the next day at Hick's-Hall. 411. Eliz. Ward , spinster, was indicted for stealing one cambrick handkerchief, one linnen shift, one silver tea-spoon, one pair of holland sleeves, one yard of long lawn, one dimetty waistcoat, the goods of Sarah Chambers , one velvet waistcoat, one cloth waistcoat, the goods of John Elise . June 9 . Sarah Chambers . The prisoner was servant to me. I lost these goods the 9th of June, and found them, some on her back, and some at the pawnbroker's. Thomas Butcher . I am a pawn-broker; some of these things were at my house pledged by the prisoner. from the 1st of May to the 5th of June; there were eight parcels brought by her. John Bird . I took the prisoner in Old-street near the church the 9th of June. She said, Dear Mr. Bird, I know what you are come about; I'll go with you, and tell you every thing I pawned; which she did. Prisoner's Defence. My sister was in trouble, and I did it to assist her. Guilty 10 d. [Whipping. See summary.] 412. Ann Williamson , late of St. Mary Islington , was indicted for stealing two linnen shirts, val. 1 s. one perriwig, val. 5 s. one pair of leather pumps, val. 5 s. one pair of cloth breeches, one coat, one waistcoat, and three yards of cloth, said to be the goods of Isaac Armiger , Ann Ford , and Nathanael Day . June 16 . Isaac Armiger . The prisoner was servant to me, and behaved exceeding well. I keep a publick house ; she asked her mistress leave to go up stairs to mend some things, this was the 10th of June; after some time she was wanted below, but she was gone; her stays were on the bed, and her shoes by the bed-side. There was another way to go down stairs; my wife met her on those stairs, and she had got on a pair of pumps, coat, waistcoat and breeches, which belong to Nathanael Day, and my wig. I seized her by the skirt of the coat at the stair-foot, and said, Young gentleman, where are you going? When I examined her, she said she was over-persuaded to rob her master when she got settled, and she was to meet the person that gave her that advice at Hornsey; she had got the two linnen shirts, the handkerchief, and a piece of linnen-cloth in a bundle: she gave very little account of herself, and said, she was very sorry for what she had done. I hope she will find mercy. Nathanael Day. I lodge at Mr. Armiger's. On the 16th of June I was standing at the door when I heard the cry Stop thief. Upon which I came in, and saw the prisoner at the bar upon the stairs with my coat, waistcoat and breeches on; there was a shirt in each coat pocket. Ann Ford . I am a lodger in this house. I wanted something in the kitchen; I went up stairs, she was not in the room; I came down again, and saw her coming down the other stairs dressed in man's clothes. Prisoner's Defence. I dressed myself in man's habit, because I was told I was a prettier boy than a girl; I only did it out of a joke. Guilty 10 d. [Transportation. See summary.] 413. Thomas Cross , was indicted for stealing one wooden cask with four iron hoops, value 6 s. the goods of John Prosser . June 8 . Acquitted 414. Eliz. Spalding , late of the parish of St. Martin in the Fields , was indicted for stealing one piece of corral set with silver, two flannel petticoats, one diaper table-cloth, and other things , the goods of Thomas Winston . June 6 . Guilty 10 d. [Transportation. See summary.] 415, 416, 417. David Fenn , John Cerner , and William Charles , were indicted for stealing twenty guineas, two pieces of foreign gold coin, called 36 s. pieces, a half guinea and some silver, the property of Henry Belsee in the dwelling-house of the said Henry Belsee , June 28 . All three acquitted . 418. Thomas Maynard , late of St. Luke's, Middlesex , was indicted for stealing one silver watch, val. 20 s. the goods of Isaac Howard , May 20 . Josiah Howard . The 19th of May I and three journeymen packers left work and came to the Bull-head in Jewin-street; I get much in liquor, I paid my reckoning and went away, and got up as far as the top of Red cross-street , there I tumbled down, being quite stupified in liquor; I felt my watch, my hat, and handkerchief go from me; I was taken up by the watchman, who told me I had laid there about ten minutes; I advertis'd my watch the 27th of May, and the 26th of June; I read in the Advertiser there were eight people taken up in Kingsland-road and divers things found upon them; I went to Bridewell and found the watch I lost; it was in the taphouse. Q. When had you your watch last that night? Howard. About an hour before I went out of the house. Thomas Maynard . This watch was sent to me by Mr. Whitingburg, and I was to produce it if required. Acquitted . 419. Thomas Smith , late of St. Mary-le-bone , was indicted for stealing one cloth coat, val. 2 s. two iron keys, val. 2 s. one printed book, val. 2 d. the goods of Robert Noyes , June the 13th . Guilty 10 d. [Transportation. See summary.] 420. Jane Hambleton , wife of George Hambleton , was indicted for stealing four pewter plates, val. 1 s. 6 d. the goods of Charles Maxwell , June the 9th . Guilty . [Transportation. See summary.] 421. Solomon Wanmore , late of St. Matthew, Middlesex , was indicted for stealing ten yards of silk, val. 2 s. the goods of John Harley , May 22d . Guilty 10 d. [Transportation. See summary.] 422, 423. Valentine Godwin and James Johnson , were indicted, for that they, in company with William Lacy and William Tidd , on the King's high-way, upon one Henry Aplen , did make an assault, and put in corporal fear and danger of his life, and did steal one man's hat, val. 1 s. one silk handkerchief, val. 2 s. and 3 s. 3 d. halfpenny in money, numbered from the person of the said Henry Aplen , June 25 . Henry Aplen . I was coming through Whitechapel on Sunday was se'nnight, between one and two in the morning, driving a drove of sheep; there were five men met me, and ask'd me if I drove sheep along by myself, and I said yes. They stood round me; I said, pray do not disturb the sheep; they went away all five about three yards distance, then two of them came back, Valentine Godwin was one of them, the other three stood still, and these two took me by the collar: I said before they came quite to me, what would you have? they said every farthing of your money, and before I could pull it out myself they took it out; it was one half crown, and a sixpence, and threepence halfpenny, then the other three came up; the prisoner Johnson drew a knife, and said he would cut my head off, or cut my throat, if I did not give them all my money, saying I had more: I bid him to search me, for I had no more; then they began to pull off my hat, I thought they were going to strip me naked; they took my handkerchief and buckles, in the mean time I took great notice of them, I can swear they are two of the men; they desired me to promise I would not tell, which I promised them. When they were gone, I cry'd out. There were five men came out of an ale house, and they took an accomplice who is come here as a witness. Edward Anderson . I was walking along Whitechapel, I met with three of these men last Sunday se'nnight in the morning, one of them I knew very well, that is William Tidd ; I ask'd him where he was going; he said, to take a walk up White-chapel : we cross'd over the Mount, and in the road there was the prosecutor with a drove of sheep before him: we came to him; he said don't disturb the sheep, because I shall be troubled to look them up. We went by him, two of our company went back again, that was Tidd and Godwin; Tidd took him by the collar and said, I must have all your money, and Godwin had one hand to the prosecutor's pocket; then we went one after another, Johnson stood with a knife in his hand, and said he would cut his throat if he did not deliver more money. When we had done we went towards Stepney-fields, and coming round we met five men; they having a suspicion we had fire-arms they never attempted to meddle with us. Johnson went up to one of the men and said, the first that laid hold of him he would rip him up; he had a knife in his hand; they all run away, and I being a little lame I laid myself down on the side of a bank, and one of them came and took hold of me presently. Q. Did you see the prisoner Godwin take the prosecutor by the collar? Anderson. No, sir, I saw him take the money out of his pocket; he might do it before I came up; I stood by the pales some time. Q. Had Johnson a knife in his hand? Anderson. Yes he had, my Lord. William Hemms . I was the constable of the night at White-chapel watch-house; the old gentleman came and ask'd for a constable, saying he had been robb'd, and I don't know but my sheep are lost; he said the same there as he does here. While he was telling me about it another witness brought in one, which was Anderson; the old gentleman said he was positive that was one of them that robb'd him, so I took charge of him. George Argent . The prosecutor was coming crying out thieves! &c. There were five of us went out of a house, he told us which way they were gone; we went into Stepney-fields, going along we came up to these five men that robbed the prosecutor; I walked through them all, and one of our company behind happen'd to say, I don't think but these are the five fellows that robb'd the old man. Johnson said he would stick him if he offer'd to lay hands on him. After these words were spoke they all run, so we ran after them, the last witness drop'd down and we took him; the others got off, so we brought him to the watch-house, and there was the prosecutor. Father, said I, I believe here is one of them that robb'd you? Yes, said he, I'll swear he was one of them. Thomas Ind . On Sunday was se'nnight the witness Anderson was brought prisoner to us, on suspicion of robbing with several others; he told us who were with him in the robbery, and said Valentine Godwin worked with Justice Rickets in the Minories; we went and took him, we brought him to the goal, and in going hence with him he confess'd it was the first robbery he had done. Since he was an evidence here himself, he told us where to go after the other three, saying we might find them sometimes on Tower-hill, sometimes on Saltpetre-bank. Johnson was taken and brought to us last night for robbing a barber's shop, we took him before Sir Samuel Gore this morning and he committed him to Newgate. Valentine Godwin's Defence. The evidence Anderson, when he was at Hick's hall, they made him fudled, and gave him some halfpence, and he swore any thing; and in Clerkenwell Bridewell he made his brags he would swear right or wrong to get his liberty. Johnson's Defence. I had been drinking on Saturday-night at the Bull-head ale-house, and coming along White-chapel watch-house, I met with this man and two more, (meaning his fellow-prisoner) he asked me to give him a dram. I went to a gin-shop and gave him part of half a pint of gin: we went over the Mount, and as we walked along we met the prosecutor with some sheep, I was going to lie down in a hay-cock; one of the men that is gone went and did the robbery, but I know nothing of it. Both Guilty Death . 424. John Palmer , late of St. Andrew, Holborn , was indicted for stealing out of a dwelling-house, one silver tankard, val. 20 s. two silver casters, val. 20 s. three silver salts, val. 20 s. one silver candlestick, val. 5 s. six silver spoons, two silver salt shovels, the goods of Richard Jackson , Gent . July 3d . Richard Jackson , I live in Southampton buildings, Chancery-lane ; on Monday last I came from my chambers at Clifford's Inn, and was sitting in my fore parlour-window reading; my servant came and told me my dinner was on the table. which was in my back-parlour. I went there to dine, and having sat down a little while, my servant coming out of the kitchen with some table-beer, saw a man running out at the door; i. e called out and immediately run into the fore-parlour and cry'd out, the plate is all gone, and immediately run out at the door, and I after her, the turning being so short he was got out of sight; I went through the King's-head tavern into the middle of Holborn, there I stood about a minute looking to see for a man running, and I saw the prisoner cross over to go into Gray's-inn-lane; he made a stop and saw me, and immediately took to his heels, that gave me a suspicion he must be the man: he running made me run, I pursued him down Gray's-inn-lane, he ran into a court, and a woman said, there is a man gone up the court. I ran to the farther end of it, I saw no body: said another woman there is a man in a brown coat gone into that house; as soon as I came to the door the prisoner was coming down the stairs again; I laid fast hold of him by the collar, saying, I have caught you, and guilt appear'd in his face immediately. I said, sirrah, you have robb'd me: he was in a great flutter, he denied he knew any thing of it, so I was pulling him from the house in order to put him in a coach, and a person near us saw something shine in his hand, who said, he has got a pen-knife in his hand, which, when we took them out of his hand were two of my silver salt-shovels; said I, whatever you brought in that bundle must be in this house. His excuse for running was, that he saw a man running in the street, and he ran after him; said I, where had you these two silver shovels? he said, the man drop'd them upon the stairs, and I took them up. I had him before the Justice and he committed him, and there he told the same story. When I was gone to Justice Fielding's there were three or four neighbours staid about the door where I took him, they search'd and found the plate in the house, ( it is in court, and the witness that found it.) I cannot swear to the prisoner's face, but I can say it was such a man which I saw in Gray's-inn-lane, with a brown coat on, and something in a bundle, and I can swear to the size of the man: this is the apron that was tied about him, which the plate was found in. The plate was in the Buffet at the time I removed out of the fore-parlour to the back parlour. Q. How far distant were you from him when you saw him in Holborn? Jackson. About the length of Middle-row. ( Cross exam in'd) Q. Did you see the prisoner go out of your house? Jackson. No, I did not. Q. Have you any view from the fore-parlour to the back-parlour? Jackson. No, Sir. Q. How came you to run into Holborn, when you say you did not see which way the prisoner went? Jackson. Mr. Hudson the Counsel, whose house is opposite to my door, he and his mother seeing the maid and I run out, Sir, said they, there is a man in brown cloaths run under the arch. Q. Did you make any out-cry? Jackson. No, I did not, Sir. Jane Mason . I am servant to Mr. Jackson; I had seen the prisoner for three days before about our windows, he has often look'd in, and when he has seen me look at him then he would turn his back and lean on a post. Q. Did you see him on the day the robbery was committed? Mason. I saw him go out of the house that day, and I knew him when I saw him there to be the same. I had seen about the window; he was always in one dress. Q. What time of the day was this robbery committed? Mason. About half an hour after two I was coming out of the cellar with some beer, and saw him as I got on the top of the stairs going out of the door; I run into the fore-parlour and miss'd the plate: I called out to my master, my master and I run, but I did not see him 'till he was taken, and then I said I would swear to him. (Cross examined.) Q. Did you hear any thing jingle when the man run out? Mason. No, I did not, Sir. Q. When did you see the plate last before this? Mason. About five minutes before I went into the room for a bottle of wine. Joseph Nesbit . I keep a publick house just facing Gray's-inn-lane. I saw the prosecutor run very hard in his night-gown and slippers, I thought it was very particular, and I jumped out of my window; said he a man has robb'd me, and a woman said there was a man run up a court which was no thoroughfare; then when we got there another woman said a man run into that house; the man was coming out, Mr. Jackson laid hold of him, and I saw the prisoner strive to put something into his pocket, which he had in his right hand; as it appeared bright I said, Sir, take care, for I think he has a knife in his hand, which, when I ungrasped his hand, Mr. Jackson took out these two salt-shovels. We carried him to a publick house, I got a candle and looked about: there was an old woman came down stairs and said there had been a man up stairs. When we were at the Justice's there was word come the plate was found in that house, and the prisoner said before the Justice the plate would be found there among some dust up one pair of stairs on the top of the stairs. Richard Hillis . I ran through the court and came into Holborn, seeing somebody run towards Gray's-inn-lane, I ran that way and found Mr. Jackson and the last witness had got hold of the prisoner; I said, let somebody else hold him, and let us go into the house and search for the plate: we went up and searched about, but could not find the plate; Mr. Jackson took the prisoner away, Nesbit staid with me, we got a candle and search'd about; he went and left me when he thought we had searched every where, and I staid with some old women; I at last was thinking of going home, I set my foot on a stair, and was going to put my hand over into a hole: said one of the women, don't put your hand there, there is a chamber-pot. She took it out, then I put my hand over; said I, here is either plate or China, for it jingles; there I found this apron and plate, some in it and some out, and brought it to Mr. Jackson's house. Prisoner's defence. That woman washes for me, I went for my shirt. There were five persons spoke well of him as to his former character. Guilty Death . 425. Uriah Creed, alias Morgan , late of Hawkhurst , was indicted, for that he in company with divers others to the number of thirty persons were assembled together in the parish of Recculver , being armed with fire-arms and other offensive weapons. in order to be aiding and assisting in running and landing uncustomed goods on the 30th of March, 1747 . Christopher Barret . In the year 1747, March 30, there might be about a hundred of them; there must be fifty and upwards, and about thirty arm'd with carbines and pistols. Q. Give us an account of what you saw at that time. Barret. There was a cutter came ashore with about ten ton of goods, tea and other things; the tea was packed up in oil-skin bags containing 25 pounds a bag; I saw the prisoner there, he had a brace of pistols and a carbine or blunderbuss; I saw him at work with others in landing and loading the tea: when the custom-house officers came there were three pieces fir'd, then they drew up 12 in a rank; he was then amongst the horses loading them, I saw him carrying the tea away, he drove 3 horses from the beech, there were above fifty horses went away loaded, the prisoner went into the rank the second firing; there were I believe 60 or 70 pieces discharg'd by the smuglers. Michael Pain . I remember this 30th of March there were near sixty persons arm'd, the prisoner had a brace of pistols and a carbine or blunderbuss, I know not which; there was a cutter lying off there call'd the Old Molly, there was tea brought on shore from on board her in oilskin bags, about the quantity of eight ton; I saw the prisoner help load the horses, and drive some before him from the beech; I was just gone away as the custom-house officers came, but heard the firing at a distance. Robert Cheesman . I remember this gang of smuglers very well, there must be upwards of fifty; I am a custom-house officer, I went down with the other officers: I believe there were five or six and twenty arm'd when we came down, and about 12 or 14 fired upon us at first. There were about 18 or 20 custom-house officers of us, and some country-people to assist us; we got behind a marsh wall, then we fired at them, and they fired at us, I believe upwards of seventy pieces; they gave ground, and at last drop'd their goods, and went away two or three upon a horse; the prisoner rode by me with a man behind him; the man had a pistol in his hand without hat or wig; the prisoner had a brass piece flung behind him, he was on a bayish horse; we made a seizure of upwards of 3000 weight of tea, there were some half anchors of brandy, some cambrick and a deal of old cloaths, and some rack that I suppose came from the Indies. Jervice Cooper. I am a custom-house officer, I was there when this seisure was made; there were 60 or 70 of the smuglers, and many gone away loaded before we came; we took some of their arms and 3664 pounds weight of tea in the usual paccage of uncustomed goods, and some other goods. I did not know one person there. Matthias Swan . I was there the same time, I saw a great number of people there; we fired with them an hour, or an hour and half. (He gave the same account the others had done.) Prisoner's Defence. I know nothing of these people, and believe they never saw me before; I believe they'll swear any thing for the lucre of money. Guilty Death . 426, 427. Sarah Evins and Ann Hinemore , late of St. Andrew, Holborn were indicted for stealing one dimitty bed-gown, val. 2 s. the goods of Samuel Jefferies , and one dimitty bed-gown, the goods of Susannah Ancomb , May 30 . Both guilty . [Transportation. See summary.] 428 John St. John , late of St. Paul's, Shadwell , was indicted for stealing ten bushels of coals , the goods of John Copeland , May 3 . Acquitted 429. John Cooper , was indicted for privately stealing one cloth coat, val. 10 s. the goods of Moses Skeytts ; and one cloth coat the property of Joseph Barnes , June 24 . The watchman deposed he took the prisoner in the night with the two coats upon him. The prosecutor, Moses Skeytts deposed the Coats were taken out of a coach-house that night; he swore to one as his property, and the other the property of Joseph Barnes . Guilty 4 s. 10 d. [Transportation. See summary.] 430. John Floyd , late of St. Leonard, Shoreditch , was indicted for stealing one copper pot, val. 1 s. 6 d. one brass candlestick , the goods of Mary Johnson , May 31 . It appeared the prisoner went into the prosecutor's house to light his pipe, he went the back way out, was pursued as the goods were soon missed, and was taken with them on him. Guilty 10 d. [Whipping. See summary.] 431. Timothy Bean , late of St. John's, Wapping , was indicted for stealing 17 yards of check, val. 26 s. the goods of William Gwin . Guilty . [Transportation. See summary.] 432. John Poe , was indicted for uttering a certain paper writing, sign'd William Gregory , with an intent to defraud Mr. Littler of the sum of 3 l. 13 s. 6 d. June 19 George Alcock . I know the prisoner well; on Monday, the 19th of June, he brought a bill, and about three hours before, I received a letter by the post, signed William Gregory . Likewise the letter was regularly marked with the post mark, from Hertford-bridge, where he lives. He asked me, if I had received a letter from Mr. Gregory, saying, he worked with him: he asked me, how I liked those stockings that came up the week before; he said, Mr. Gregory was well, he left him the Sunday before. I paid him the money, and bid him witness it; he wrote his name on the top. I said that was not sufficient; he desired I would write again, and he would witness it to my desire. The letter to this purport: To Mr. Littler, Hosier, in Watling-street, near St. Paul's, London. Odham, June 18. I should not have put you to the expence of this, but there is a person of my acquaintance, I have received 3 l. 13 s. 6 d. for which I desire you would be so good to pay, and stop it out of the money due for stockings. His name is Samuel Jones ; he will send a person for it; he will not come himself for fear of a person in London. I hope the thread stockings will please you. I am your most humble servant, Wm Gregory . The copy of the note. June 18. Mr. Littler, Please to pay Mr. Samuel Jones the sum of 3 l. 13 s. 6 d. which I have given you a Letter about, and please to stop it out of the money due for stockings. Your humble servant, Wm Gregory . Mr. Alcock. I know Mr. Gregory's hand-writing, I have twenty letters of his by me now, I have compared this with others, I have seen him write; this is not his hand-writing. Wm. Stonard . I have seen Mr. Gregory write; this is not his writing. The prisoner made no defence. Wm Gregory . The prisoner behaved himself very well during the time he worked with me. Wm. Wright. The character that I have known or heard of him, has been that of a very just man till I heard of this. I have lent him money many a time, and he always brought it with so much pleasure and satisfaction, I should not in the least have mistrusted him; this I know, he has been cast away at sea, and been very much reduced within this very little time. John Mason . I have heard he was in debt, but I never heard of any thing ill before this; he came to me, and wanted me to get him into the stocking way, or a gentleman's service, or any way whereby he could get bread. Guilty . Death . 433. Richard Howard , was indicted for privately stealing four yards of silk, val. 5 s. the goods of John Baker . June 21 . Guilty 4 s. 10 d. [Transportation. See summary.] 434. Richard Mapesden , late of Recculver in the county of Kent , was indicted, for that he, together with divers others, to the number of thirty persons, were assembled together in the parish of Recculver , being armed with fire-arms, and other offensive weapons, in order to be aiding and assisting in running and landing uncustomed Goods . March 30. 1747 . The Witnesses for the Crown were Barrat, Pain, and Cheeseman; it was for aiding and assisting in company with Uriah Creed that very time for which he is cast, his tryal will be sufficient, and for want of room is here omitted; to which the reader is refer'd. Guilty Death . 435. Mary Kelley , alias Mason , alias Smith , was indicted for stealing a stove-grate with an iron back, four harrateen curtains, a warming pan, a copper sauce-pan, and other things, all laid above the value of 40 s. the property of John Kelley in the dwelling-house of Elizabeth Furnese . March 20 . John Kelley . The 20th of September the prisoner came down to Portsmouth, and came on board the Nottingham, she enquired if any there belonged to Dublin, I gave her some gin slip, she pleaded poverty, saying, she had no money to pay for her lodging, I gave her a shilling, and sent her on shore. We agreed to live together. I took lodgings the latter end of October; I gave her money to purchase goods for me; the first thing bought was a bed cost 50 s. an iron grate, 28 s. 6 d. fire-tongs, poker, tea-kettle, warming-pan and stewpan, 12 plates, 4 pewter-dishes, 7 chairs, a table, a large looking-glass, 4 harrateen curtains and 2 blankets. Q. How came you to lose these things? Kelley. On the 20th of March she desired me to go to Deptford to fetch a pig, and we were to get some peas and make it fat; and while I was gone, she got assistance, and carried away all my goods. Q. What name did this woman come to you by? Kelley. She said her name was Kelley, and she was glad to meet with any of the name out of the country. Q. Did you give her liberty to pawn any of these things? Kelley. No, I never did. I have found some of the goods again in the man's possession she cohabited with last. Prisoner. I took the room, and paid quarterly for it. Q. Was it with your desire the prisoner should take the room? Kelley. It was. Prisoner. We went for man and wife, and lived together as such. Q. Did you not, tell your aunt you were married? Kelley. She passed for my wife; but I never owned her as such. Q. Were you contented she should pass for your wife? Kelley. I cannot deny that; but I never was married to her. Eliz. Furness. John Kelley took a lodging of me, and brought many goods; and they were taken away by the prisoner. Q. Were they taken away by his consent? Furness. I believe they were not. Q. What time were they taken away? Furness. I do not know the time exactly, it was a little before quarter-day; the prisoner then told me, he was gone to Deptford, or Greenwich, I know not which, and she was going to set up a shop. Mary Macway . I know John Kelley , I was with him at the buying his goods. Q. Who paid for those goods? Macway. John Kelley . Q. Did they not go for man and wife then? Macway. No, they did not. Peter Penney . I live with Mrs. Furness. I saw the prisoner and two men moving the goods from my mistress's house; they carried them all away, I know not whereto. Q. Did John Kelley and the prisoner then pass for man and wife? Penney. They did not, to my knowledge. Jos. Richman. The prisoner has been at my house several times after the man was robb'd. He had a warrant from Justice Broadhead to search for the goods. He had her taken up, had her before the Justice, and she was to have been committed; she got bail, ran away from her bail, and was taken again at Portsmouth, and brought to town, and lodged in the Round-house. She was taken out from thence to swear a robbery against the prosecutor: which she did; then he was committed. I once heard the prisoner say, she would swear her soul to the Devil but she would be revenged on him. For the prisoner. Mary Dodd . I lodged with the prisoner and Mr. Kelley. They lived as man and wife together; and I know he has used her very ill. Mary Macdonald . I know the prisoner to be a hard-working woman, and I have known the prosecutor about eight months; he always acknowledged her as his wife. Cross examined, Q. Did you know the prisoner when she kept company with one Smith? Macdonald. Yes I did. Q. Do you know of her carrying any goods away? Macdonald. I do not. Ann Bucanan . The prisoner has used my house about eight months; and so has he: they always went for man and wife. Paul Bucanan . The first time I saw the prisoner and prosecutor was in Christmas holy-days; they that time seem'd to take a liking to me and my wife; they have din'd together divers times in my house, and seem'd to be agreeable one with another, but I did not know where they lived; they sold fish, and were pretty customers as they pass'd and repass'd: I do not know whether they are man and wife. One night in particular I heard him say, my dear, go home and make the bed, and I'll not be long before I am with you: after bail was given in the woman was released, and Mr. Kelley and she have come to my house three or four times and have eat and drank together. I took upon me once to talk to Mr. Kelley, for charging the prisoner with a robbery and now to be so free with her; speaking broken Irish, h e said he had no intention to prosecute, or any thing of that nature. Elizabeth Stiles . Mr. Kelley came to me the beginning of last October to invite me to his wedding dinner, to a house the corner of Prince's-street. I went in the evening, and there was a very great supper. Cross examin'd. Q. Was there any entertainment? Stiles. Yes, and dancing too. Q. Did you look upon them to be man and wife then? Stiles. They appeared so to me. A witness. Mrs. Kelley came to bring me a gown to make, and told me it was to be her wedding-gown, and both he and she ask'd me to cometo their house on such a day, saying they should be married that day: I went, there was much victuals, and we were very merry and dancing. One morning after this he came to our house, I ask'd how she did; he seem'd much disturb'd, and desir'd me to go and see her, which I did, and found her with black eyes: she told me he gave them to her; they had fish for dinner; he fed her as she lay in the bed, and said he was sorry for what he had done. Q. Had they no words about Smith then? Witness. There was something said about him. Acquitted . 436. John Coron , was indicted for stealing two bushels of oats , the goods of Richard Oakes . June 8 . Acquitted . 437. John Whittall , late of Enfield, Middlesex , was indicted for breaking the dwelling-house of John Dutton , and stealing out thence one punch bowl, val. 15 s. one gold ring, one guinea in gold, three half-guineas, and six shillings in silver, the goods of the said Dutton . June 8 . Acquitted . 438. Sarah Riley , late of St. Leonard, Shoreditch , was indicted for stealing three silk handkerchiefs, value 7 s. one cloth coat, and other things , the goods of Mary Exton , widow. Guilty 10 d. [Transportation. See summary.] 439. William Evans , late of St. Mary WhiteChapel , was indicted for stealing one silver pint-mug, val. 3 l. the property of Mary Pocock , in the dwelling-house of the said Mary . June 28 . Acquitted . 440. Anthony Dunn , was indicted, for that he, together with two others not yet taken, in a certain field and open place, upon Thomas Crocket did make an assault, and put in corporal fear and danger of his life, one pair of leather shoes, val. 1 s. one pair of worsted stockings, one silk handkerchief, one pair of shoe-buckles, one half-guinea, and nineteen shillings and six-pence in silver, the goods of the said Thomas, from his person did steal, take and carry away . June 14 . Thomas Crocket . I was come up to London from Kemsey, and in Smithfield these three boys came to me in the afternoon, on the 14th of June, they told me, if I would come along with them they would help me to a lodging, then they took me into the Fleet-market, then into Field-lane, there we bought some salmon for supper, then we went to the Golden-key on Saffron-hill, we had a pint of beer, which cost two pence, there we eat the salmon; then Edward Williams took me to his mother's house, the prisoner and the others went along with us; there they took three shirts that were tied up in a handkerchief, and said, they should be safe the next morning. I delivered them freely, and two pair of stockings: I observed, they locked the door while I was there, then Edward Williams's sister came in; then they said, they would not stay any longer; they took me into Smithfield again, where, they said, I could not have lodging, but should go to Islington, there I might have lodging plenty for three half pence a night. We went along in order to go to Islington , and when we came to the Ass field , it might be about ten o'clock, they said, they would go cross the field, and would be at Islington sooner. When we came into the middle of the field, Williams tripped up my heels; then the prisoner and John Bond lay upon me, while Edward Williams pulled my shoes, stockings and breeches off, with a silk handkerchief. Edward Williams took my breeches, and the prisoner my shoes and stockings, cursing and swearing all the while. They ran away as fast as they could, and I got up, and ran after them; the prisoner dropped my shoes and one stocking, I stooped to take them up, and could not see them afterwards. I found out my uncle the next morning, and told him what had happened. We went and found the place where Edward Williams lived, the prisoner came into the yard, and we took him. Hugh Jones . I keep a publick house on Saffron-hill. About three weeks ago the prisoner came into my house, I believe it was between eleven and twelve at night, he asked for a pint of beer, then he said, he wished it had been half a pint of cyder; I changed it, he paid me three half pence for it: then he begged to leave this with me till the next day; but I never saw him since till now. It was the prosecutor's breeches bundled up without any thing about them; the prosecutor swore to them as his property. The prisoner's mother called for them about a week ago; I am sure it was the same boy. Thomas Stevens . The boy that was robb'd is my own sister's son. A woman brought him to me about nine in the morning, on the 15th of June, saying, she found him crying in the Fleet-market, without breeches and one stocking; the boy telling the woman he had an uncle in town, and the place where he lived; she brings the boy to me, having bought, with the money she has got him, an old pair of breeches and an odd stocking. After the boy had told me all his misfortune, I took him up Chick-lane to the turning into Black-boy-alley, I turned in, and came to a place where lay some rubbish, the boy observed some high steps, says he, I remember them, it goes into a court where Williams's mother lives, where I left my bundle. I set him foremost, he points with his finger, saying, that is the door. I went and fetched some persons to my assistance, and also a constable, and likewise sent to Justice Hole, to take out a Search-warrant. We found the house just as the boy had described it: we went to William's door; there was no-body at home. The landlord of the house living in the court, said, he could unlock the door; he did so, we searched, and found one shirt of the boy's under the woman's bed; this was in Black-boy alley. After the boy had described the thieves, said the landlord, come into my house, and they'll be all in the court presently; the prisoner was the first that came, said the boy, that is he that called himself the Jockey, (this was about 2 o'clock) he said, he wanted Ned. Williams, for he had stripped a country boy last night, saying they found him at Cow-cross; he also said before the Justice, he had six shillings of the money: then came Mrs. Williams very drunk, she was so noisy, that we could no longer keep her silent: her boy sent us wrong to find the others, viz. to the Golden-key in Rag-fair, and we found afterwards he was to have met them at the Golden-key on Saffron-hill. Q. to the prisoner. How old are you? Prisoner. I am going into my fourteenth year. Guilty . Death . 441. John Seggen , was indicted for committing a rape on the body of Hannah Napton . March 17 . The prosecutrix depos'd he held one hand to her mouth, that she could not cry out all the time; which had no credit with the jury. 442. Elizabeth Leonard , late of St. Mary, White chapel , was indicted for stealing one tabby gown, value 7 s. 6 d. one silk bed-gown, val. 1 s. 6 d. and other things , the goods of John Joyner . Guilty . [Transportation. See summary.] 443. William Hale , late of St. Mary, Islington , was indicted for stealing 52 sheep, val. 30 l. the goods of Andrew Warford , and 160 sheep, the goods of persons unknown , May 13 . The prisoner had got these sheep before him on Islington-road, and no money in his pocket to pay Turnpike, being a person out of his senses, and his prosecutor not appearing he was acquitted . 444. William Bates , was indicted for stealing two linen table cloths, val. 5 s. two linen tablecloths val 2 s. two pieces of cloth val. 6 d. the goods of John Simpson , one linen sheet, the property of Ann Raphel , widow, June 34 . Guilty . [Transportation. See summary.] 445. Margaret Maculler , late of St. Martin's in the Fields , widow, was indicted for stealing one camblet gown, val. 7 s. one linen shirt, val. 1 s. one pair of sleeves , the goods of John Goudey . Guilty 10 d. [Whipping. See summary.] 446; 447. Richard Dobson , and Steward, his wife , were indicted for stealing out of their ready-furnish'd lodgings two looking-glasses, val. 20 s. the goods of Mark Longsdale , June the 22d . Richard acquitted , but Steward guilty . [Branding. See summary.] 448. Mary Cook , late of St. John the Evangelist , spinster, was indicted for stealing one muslin handkerchief, val. 4 s. two guineas and two half-guineas, and 22 s. in silver , the goods of Elizabeth Mackril , widow, June 26 . Acquitted . 449, 450. Mary Atkinson , and Sarah Galey , alias Casteel , were indicted for stealing one silver watch, value 5 l. the goods of John Armstead , May 23 . This was a drunken affair, the prosecutor took Mary Atkinson to Galey's lodgings; they lay together all night, and in the morning he missed his watch. Galey in her defence said she thought they had been man and wife, and that Atkinson desired her to go and pawn her husband's watch, which she own'd she did. Both acquitted . 451. Charles Holms , was indicted for stealing one periwig, val. 4 s. the goods of William Holms , June 20 . The prosecutor not appearing he was acquitted . 452. Mary Parker , alias Hamond , late of St. Paul's, Shadwell , was indicted for stealing two damask table-cloths, val. 2 s. one quarter of a yard of silk, value 1 d. the goods of Charles Callop , May 18 . Acquitted . 453. 454. Sarah Prosser and Sarah Briggs , were indicted for stealing two linen sheets, val. 2 s. 6 d. one linen shirt, val. 2 s. one line cap edged with lace, val. 1 s. 6 d. the goods of William Armstrong . Prosser acquitted , Briggs guilty . [Transportation. See summary.] 455, 456. Richard Dalley and Benjamin Apleby , were indicted for stealing 10 pound weight of val. 10 d. the goods of Edward Renn , May 31 . Both acquitted . 457. Henry Dixon , was indicted for stealing one cloth coat, val. 10 s. one linen waistcoat val. 5 s. the goods of Joseph Hawkins , May 10 . Joseph Hawkins . My Master lives in White's-alley, Chancery lane ; I missed my things the 10th of May; they were taken out of my chest. Q. Was your chest lock'd? Hawkins. It was, my Lord; the prisoner lodged there some time, and he absconded his lodgings that very day; I had him advertis'd, and he was taken on the 10th of May. Samuel Church. I was at the taking of the prisoner in Holborn; when he saw us he strove to run away, knowing us; we live in the same alley: I followed and took him in Drury lane; he begged of us not to take him before the Justice, but to go first to his sister. We sent for her to an ale house, and then he confest in my hearing that he got a man to sell the coat and waistcoat in Rag-fair for 3 s. 6 d. James Huffcourt . On the 16th of May, as we were going up Holborn, we saw the prisoner, Samuel Church ran after him and took him. The rest as the former witness. Guilty . [Transportation. See summary.] 458. Richard Beck , late of London , was indicted for stealing four brushes, val. 6 d. the goods of William Jordan , May 25 . Guilty . [Transportation. See summary.] 459. Lawrence Macarty , late of London , was indicted, for that he with a certain wooden stick or other offensive weapon, upon Thomas Baxter did make an assault, with a felonious intent the money of the said Thomas Baxter to steal, take, and carry away , June 30 . Thomas Baxter . On last Friday was se'nnight, as I was going home about a quarter after eleven, I was stop'd near my own house by three men, who bid me stand; I asked them what they wanted; directly one of them struck me on the temple, and the other two began to beat me about the head; however I got from them and run to my own house; I knock'd, and call'd out thieves and watch! upon that Mr. Townsend, my next door neighbour, flung up his window to see what was the matter; and other people coming by, being alarm'd by my crying out, they were pursued, and the prisoner was taken in Mincing-lane and brought to the watch-house: I declar'd upon first sight he was one of them, and I believe I should know the other two. Charles Standisostreet . I am porter in Leaden-hall market and I was going on an errand; when I came into Collom-street I saw the prisoner at the bar have of Mr. Baxter, and heard him bid him he had hold of him with his right hand and struck him with a stick in his left; then Mr. Baxter call'd out thieves and watch, and Mr. Baxter got away from him, and made to his own door, and wrap'd and went in; I went after the men crying out thieves, and never lost sight of the prisoner 'till he fell down; I believe somebody might flung up his heels; he fell just before he came to the Ball-ale-house, Mincing-lane, on the right hand side, and somebody took up a hanger within five or six yards distance where he fell I saw a man in a blue jacket fire a pistol; it was one of them which run I am positive; he was search'd, and there was only a knife and a shilling about him. Mr. Baxter came within about a quarter of an hour after he was taken, and then said he was positive the prisoner was one of the men that stop'd him. Francis Street. As I was coming up Mincing-lane this same night between eleven and twelve, I heard the cry at the top of the lane, stop thief! and this man at the bar came full tilt against me; I took hold of him by the collar and tript him up; and in less than a minute there came another, and he let fly a pistol; he had not an opportunity to turn about before he fir'd, so did no hurt: the prisoner said, I am no way concerned; said I, then you are the better off; so I deliver'd him to the watchman and constable; I know the prisoner to be the man I took. Stephen Whyate . I am the watchman in Mincing-lane; I heard the cry, stop thief! and presently I saw two men come running towards me; I was on the right-hand side of the kennel, which I went to cross, and said, if you come to me I'll knock you both down if I can; the first man that came I took him a knock, the other jump'd across the kennel and I jump'd after him and took him another; then I ran after them as fast as I could, crying stop thief! and heard the pistol go off: when I got up to the prisoner the other witness had got him by the collar, then we took him to the watch-house; but I cannot say he is one of the men that run by me, it being dark. Charles Hownslow . I was constable for the night: about twelve at night the prisoner was brought into the watch house by these witnesses, and Mr. Baxter came and gave me charge of him. Prisoner's defence. I had been drinking in a tavern and lost my way, being in liquor; there was a hurlyburly in the street, one of these men came to me and took hold of me, took my hat off, tore my collar, turn'd me upside down, and cut the waist band of my breeches. Guilty of Felony. [Transportation. See summary.] 460. John Burrel , was indicted for stealing 4 hoops, val. 10 s. the goods of Thomas Prettyman , June 16 . Acquitted . 461. William Brady , late of London , was indicted for stealing 16 pounds weight of lead, val. 16 d. the goods of Richard James , Esq ; May 16 . Acquitted . 462. Robert Obney , late of London , was indicted for stealing 12 pounds weight of lead, value 12 pence , the goods of John Powel , June 19 Guilty . [Transportation. See summary.] 463. John Brown , late of London , was indicted for stealing one wooden till, four iron keys, and 4 s. in money, the goods of James Williams , in the dwelling house of the said James Williams , June 15 . It being fully proved for the Crown, and the prisoner's witnesses in their cross examination contradicting each other he was found guilty . [Transportation. See summary.] 464. Sarah Bredey , was indicted on suspicion of stealing a pair of stays , May 23 . Acquitted . 465. Richard Jey , was indicted for stealing one man's hat, val. 10 d. the goods of Robert Biggs , May 8 . Guilty . [Transportation. See summary.] 466. Robert Pledger was indicted for stealing 20 pound weight of lead, val. 20 d. the goods of John Powell , June 15 . Acquitted . 467. Rebecca How , was indicted for felony and bigamy, that she did marry one John Truster , her former husband being then living . There was proof she was married to one Richard Huff , but not certain as to the time, within a year or two; but no evidence to prove whether he is living, or was alive three months after the marriage, Acquitted . 468, 469. William Smith and John Lee , both late of London , were indicted for that they in the parish of St. Sepulcher , in the King's highway, John Davis did put in fear, and take from him one man's hat, val 5 s. June 14 . John Davis . I live at Hoxton; I had been to receive some money at the other end of the town, but it was too late when I set out for home to bring my money with me, so I left it behind me. I set out from Charing-cross about twelve o'clock at night. I made the best of my way home, and coming down Fleet-street I met with the two prisoners at the bar with two or three more lads, and two women with them; they wanted to jo in my company going along; the biggest of these two lads picked my pocket of a handkerchief, and on putting my hand in my pocket, he gave it me no more words pass'd between us. I went down the New-market, they follow'd me, and seem'd to be going up ow-hill, so I went Chick-lane way, and stopping to make water at the upper end of the lane I observed a lusty man among them, and the rest were boys: this man came and struck me a blow on the side of my head with his fist, then they all fell upon me: the biggest of these prisoners struck me across the face with a stick, and would have pull'd off my hat and wig; finding them going, I got fast hold of my wig: I told them I had no money and turn'd about and saw my hat in the biggest of the prisoner's hand: the lusty man and the women run down the alley, and these two prisoners run towards Smithfield, and I followed them. I cry'd out, stoy thief! and run after them, and at the corner of Cow-lane the biggest was stop'd by a watchman, and another watchman took the other in Hosier-lane. The two prisoners were brought to me, and I said to the constable I knew them both; he saw what a sad condition they had made me in; they were sent to the Counter directly. Q. Was you sober? Davis. I was, my lord. Edward Cruce . I am a watchman, I heard him cry stop thief! seeing a boy come running I stop'd him, and when we came to see the prosecutor, he was much bruis'd, having several cuts on his head and forehead. Edward Phipps . I am a watchman in Hosier-lane, between the hours of one and two the 14th of last month, I heard the cry; stop thief, and heard somebody running up the lane; I put my lanthorn on the ground, and said, if he did not stop I'd knock him down; he said he liv'd on the other side of the water; then I took him back to where I heard the noise, and found the prosecutor in a sad condition: said I, do you know any thing of this lad, I found him running? yes, said he, that is one of those who robbed me, and desir'd I'd not let him go. Smith's defence. Coming down the New-market, said the prosecutor to the young woman, will you drink any thing? where are you going? saying, you shall go along with me: she run into an entry, and he after her; she run down the alley: said he to a young man follow her and fetch her out; he took him by the collar and they both fell a fighting, and I stood on the other side of the way. Prisoner Lee's Defence. I never saw any of them 'till the watchman took me in Hosier-lane. Smith said, he was between 13 and 14 Years old, and Lee said he would be 13 next St. Andrew's day. Guilty of Felony and acquitted of the robbery . [Transportation. See summary.] 471. Sarah Smith alias Alien , was indicted for stealing one silver spoon, val. 5 s. the goods of Henry Sears , June 13 . The prosecutor not appearing she was acquitted . 472. Richard Spencer was indicted, that he on William Taylor did make an assault, with intent to commit the horrible crime of Sodomy , June the 29th . He was a second time indicted for an assault on the said William Taylor . William Taylor . My master's house is in Noble street ; I was leaning over the hatch last Thursday was se'nnight, between six and seven in the evening; the prisoner came up to the hatch and shook hands with me, and ask'd me how I did, and if my master was at home; I said no, and that I did not know what hour he would come home; he ask'd me to come over to the Bell and drink part of a pint of beer. I did not go 'till he put his hand out of the window and beckoned me, then I went over; there were two or three young men in the room, but they went all out as I went in. It is a little room like a parlour with two small boxes in it; he said he had something to tell me concerning my master's business, saying, there is a cause of 200 l. to be decided between your master and a gentleman in Holborn; saying he himself was to have 100 l. and the other to pay away. He asked me to drink, which I did; after that he ask'd me how big my c - k was; I made no answer: he held out his little finger, and ask'd if it was so big; he put his hand to my side, I put it away immediately; then he put his hand to his own breeches and pulled out his - he bid me lie on my side, but I would not; because I would not, he said he'd f - k me that night; then, said he, what country-man are you? I told him Hertfordshire; he took me in his arms and kiss'd me five or six times: then said he, I'll take you down in a coach, and make you as drunk as an owl all the way you go. And if I would drink beer gallon after gallon, he would pay for it; the door was shut at that time. Prisoner. I desire to know how many pints of beer this young man and I drank together there? Taylor. We had two pints. Prisoner. Why did he stay in my company above one pint, if he did not like my company? Taylor. I did not see any thing amiss till after the second pint was brought in, I went out immediately upon this and fetched a constable; I returned in about two or three minutes, and the constable with me, and a great mob came about. The constable took hold of his arm, and ordered him to pay for what he had had; he prisoner flung down three-pence, and the constable gave him a kick or two on the back side, and called him Black guard old rascal, for making such an attempt on a boy, and turned him out of the house. I did not think he had punishment enough, ran after him, and with assistance brought him back again, and gave the constable charge of him, and he was committed. Prisoner. I would know, whether his master, or somebody else, did bid him say these words? Taylor. No-body bid me. I speak them as the truth spoke by the prisoner's tongue. Q. How old are you? Taylor. I was seventeen years of age last twelfth-day. George Rouse . I am the boy's master. I was out of town, and left the boy to take care of the house. The next morning he told me, he had sent a man to the Counter, and telling me what the prisoner said about some hundreds of pounds, I went to him, but did not say I was the boy's master; he said, he was out of his senses: said I, Do you know the boy's master, or what was your business with him? he said, he had something for him, then he pulled out a petition [it was shown in Court, but not read, being only a petition to ask charity ] signed by no hand. I said, I wondered he should ask charity, and have money enough to seduce a person's servant out of his house, and treat him. He confessed he had treated the boy; the boy told me the very same story at first as he does now. The Alderman that committed the prisoner said, the boy had said the same before him at that time, only that of bidding the prosecutor lie on one side was then omitted. John Godwin . I am constable. The boy came over to me, told me the affair, and I went directly. The rest as the prosecutor had before related. The prisoner made a long and artful defence, to prove himself out of his senses at times, mentioning many gentlemen and ladies, who were his very good friends, and administred to his necessities sometimes a guinea at a time, through the recommendation of Dr. Mead, under whose hands he had been, and who found him incurable. He had no witnesses. Guilty . His sentence was, to be set in the pillory where the Conduit stood in Cheap side for the space of one hour , to pay a fine of one shilling , be imprisoned in Newgate for a Twelve-month , and find two securities, he himself being bound in a bond of 40 l. and the securities in 20 l. each, for his good behaviour for one year, and be confined in Newgate until he finds such securities . 473. James Rankin , was indicted for personating one James Sample , a mariner , with intent to get the wages due to the said Sample on board the Shirley Man of War , which was 14 l. into his own hands . The money was told over on the board at his Majesty's Pay-Office; but the gentleman, by looking on him, perceived he was not the man. Acquitted . 474. John Stevens , was indicted for receiving 15 silk handkerchiefs, and 75 linnen handkerchiefs, laid to be the goods of persons unknown . Acquitted . The Trials being ended, the Court proceeded to give Judgment as follows: Received Sentence of Death, 12. John Howard , John Poe , William Shepherd , John Fryer , Margaret Harvey , John Gray , Val Godwin , James Johnson , John Palmer , Uriah Creed , Richard Mapesden , and Anthony Dun . Margaret Harvey pleaded her belly, and a jury of matrons were impannel'd, and brought in their verdict quick with child. Transportation for 7 years, 38. Abr Mops , Richard Highmore , George Johnson , John Lewis Junker , Christopher Sharp , Richard Howard , Richard Beck , Lawrence Macarty , Robert Obney , John Brown , Richard Jay , William Smith , John Lee , Mary Link , Ann Macparson , James Hill , Jane Rushing , Mary Willey , Hannah Bradley , Thomas White , Andrew Darvey , Thomas Obrian , Martin Lacy , Samuel Hutton , George Parish , Eliz. Spalding , Thomas Smith , William Hudspitch , Jane Hambleton , Sarah Evans , Ann Highmore , John Cooper , Tim Bean , Sarah Riley , Elizabeth Leonard , William Bates , Henry Dixon , and Sarah Briggs . Whipped, 6. George Platt , Ann Williamson , Elizabeth Ward , Solomon Wanmore , John Floyd , and Margaret Maccullar . Branded 5. Jane Brown , John Wright , John Bartholomew , Elizabeth Nelthorp and Steward Dobson . SHORT HAND taught by T. Gurney, Watchmaker, in Bennet-street near Christ-Church, Surrey, the Writer of these Proceedings, who attends every Saturday Evening, from Five till Nine, at the Last and Sugar-loaf, Water-lane, Black-fryars. Half a guinea entrance, and the like sum when the scholar is compleated. N. B. He also takes down Trials at Law.

OBP

17490705

17691018

In the Ninth Year of His MAJESTY's Reign. Being the Eighth SESSION in the MAYORALTY of The Right Honourable Samuel Turner , Esq; LORD-MAYOR of the CITY of LONDON. NUMBER VIII. PART I. LONDON: Sold by S. Bladon, at No. 28, in Pater-noster-Row. THE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Goal-Delivery, held for the City of LONDON, &c. BEFORE the Right Honourable SAMUEL TURNER , Esquire, Lord Mayor of the City of London; Sir Sidney Stafford Smythe, Knt. one of his Majesty's Barons of the Court of Exchequer *; Mr. Justice Bathurst, one of his Majesty's Judges of the Court of Common Pleas +; James Eyre , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer, of the City of London, and Justices of Goal Delivery of Newgate, for the said City and Country of Middlesex. N. B. The *, +, and ++, refer to the Judges before whom the Prisoners were tried. L. London, M. Middlesex Jury. London. John Welling , Anthony Gillman , John Jones , Thomas Carrington , Thomas Mould , Joseph Potter , John Gray , Benjamin Hulett , William Ransum , John Keene , John Tompkins , Daniel Pocker . Middlesex. Charles Mills , William Jones , William Bayne , Rich Longbothom , Joseph Tidmarsh , Thomas Dormer , Thomas Monday , Joseph Hart , John Gee , William Kline , Richard Maddock , Hans Jennis . 550. (L.) Joseph Smith was indicted for stealing twelve silver tea-spoons, value 20 s. one pair of paste shoe-buckles set in silver, value 18 s. one dog-skin instrument case, with instruments therein, as silver bow-scissars, a penknife, a pair of steel knippers, &c. one fish-skin pencil-case, mounted with gold, a pair of cornelian sleeve-buttons, and two gold rings, the property of Thomas Mallison , privately in the shop of the said Thomas , October 31 . ++ Thomas Mallison . I am a goldsmith , and live in Cornhill . The prisoner was my errand-boy . About a month last Monday he was gone out, and was accused with another offence and brought back to my house, into my counting-house, where he was searched, and an etwee-case and a gold pencil-case were found upon him. He then confessed he had in one of his boxes up stairs two dozen of silver tea-spoons. The box was brought down; there we found them; and a pair of cornelian sleeve-buttons, with a pair of stone buckles, were taken out of his coat pocket that was in one of his boxes; also two gold rings were in one of his boxes. (Produced in court, and deposed to.) Thomas Branston . I am servant to the prosecutor. Those things are his property; I know them by often seeing them, as well as by our private mark on the spoons. I was present when some things were found; some upon the prisoner, and some in his box. Q. How old is the prisoner? Branston. He is about fifteen or sixteen years of age. Prisoner's Defence. I saw the things lying about, and I took them up. Guilty of stealing, but not privately in the shop . T . 551. (M.) Richard Barnsby was indicted for stealing a linen bed-quilt, value 2 l. 2 s. two counterpanes, value 4 l. 4 s. one linen coverlid for a table, value 2 s. 6 d. two yards of callico, two pair of women's muslin ruffles, a pair of minninet ruffles, tippet and tucker, three minninet handkerchiefs, a minninet lappet, tippet, and tucker, a black silk cloak, four metal candlesticks, plated with silver, a linen handkerchief, twelve linen shifts, a muslin tillet, a black silk sack and coat, fringed with silk lace, a bombazeen sack and petticoat, thirty-six silver medals, seven enamelled gold rings, a paper snuff-box, a copper medal, a brass medal, a chrystal locket set in gold, a stone breast-buckle set in silver, a load-stone set in silver, a linen sheet, a silk tippet, a leather pocket-book and pencil, a shagreen box, and a cornelian seal, the property of Ann Fonnereau , widow ; one woman's silk gown and petticoat, value 3 l. four other silk gowns, a silk petticoat, two silk fly petticoats, and a silk cloak, the property of Ann Bramley , spinster ; a fustian frock, value 5 s. a gray cloth coat, and a brown cloth coat, the property of Henry Wollaston ; in the dwelling house of Ann Fonnereau , June 27 . * Susanna Monteith . I was left in care of Mrs. Fonnereau's house in Wellbeck-street, Cavendish Square , when she went out in May last; she was gone sixteen or seventeen weeks, and the prisoner visited me about four times in that time. The first time was about a month after my mistress was gone; the next about a fortnight after; and the next about a fortnight or three weeks after that; the first and second time he asked to go into the garden to get a bit of jessamin. Q. What is the prisoner? Monteith. He was a gentleman's servant out of place. Elizabeth Walley . About four weeks ago, or upwards, the prisoner brought a sattin gown and coat, and desired me to pledge them. I asked him whose property they were; he said they belonged to one Mrs. Gray in Whitechapel: he said she had a great many things in pawn, and she would be glad to sell some to redeem others. The same week he brought a crimson gown and some pieces of silk. I went and sold them, and brought him the money. While I was out selling them, he brought some other things; eight shifts, and a muslin toilet for a table. I could not get the value of them, so I brought him them again. After that he asked me to go out with them again. Then he brought a sack and coat, and set the price five guineas. There were other things he brought also, but I did not sell them; a black bombazeen coat, a callico counterpane, but no linen, a cradle quilt worked in the same manner. I sold the sattin gown and coat to Mr. Everingham: the prisoner and a woman were with me at that time. I sold a small spotted one, and some pieces of silk, to John Gilder . The prisoner told me he sold the shifts to Mr. Phillips. I sold a black sack and coat to Mr. Phillips. I gave the money I sold them for to the prisoner. After that the prisoner's aunt came; her name is Dyson; she asked me if I had seen Richard that day. I said, How came he to sell so many clothes? I said he told me they belonged to Mrs. Gray in Whitechapel. She said they were none of Mrs. Gray's; then I thought I had been led wrong. I then sent my brother-in-law and others after him, and they brought him to me. I begged of him to tell me whose property they were; he said they were Mrs. Gray's. I said I would go with him to her, and if she said they were her things, I would release him. After that, somebody said they were none of her's, and he said the same; then he was sent to the watch-house. Q. Were do you live? Walley. I live in Castle-street, Oxford-Market. Q. What do you do for a living? Walley. I get my bread by washing. I had washed for tho prisoner I believe two years. Prisoner. That evidence did sell the things for me. Ebinezer Everingham. About the 25th of last month I received those things of the last witness. (Producing a silk gown.) The coat I had of her, but that I sold. I gave two guineas and a half for them. Ann Bramley . This is my gown: I left it in a box in Mrs. Fonnereau's house, when I went out with her the 21st of May to Tunbridge. John Gilder . I bought a gown and coat of Mrs. Walley, and a large piece, and several small pieces of silk. (Produced in court.) The prosecutrix deposed to the small pieces, and Mrs. Bramley to the others. Charlotte Phillips . Mrs. Walley brought eight shifts to my shop; I bid her fifty shillings for them, but she would not take the money. She came again the next day, and another person with her. I bought them of the other woman, named Smith, for two guineas, and a toilet and other things with them. (Produced in court, and deposed to by Mrs. Fonnereau.) Walley. These are the things the prisoner sent me with. Mary Smith . I carried eight shifts, and the other things, to Mrs. Walley. There were two coats, a counterpane, and a cradle quilt. These are the things here produced: I sold them to Mrs. Phillips. Charles Murthwaite . The prisoner brought a great many things to my house to pawn, with two pair of candlesticks plated with silver, on the 13th of September: he said he brought them from a lady. (Produced, and deposed to by prosecutrix.) Murthwaite. These I also received of the prisoner. (Producing a black silk cloak, deposed to by Mrs. Bramley.) Murthwaite. These I had also of the prisoner. (Producing three men's coats, deposed to by Henry Woollaslot , servant to Mrs. Fonnereau.) Edward Holt . I live in Castle-street, and am a pawnbroker. I received six gold rings and some medals of the prisoner at different times. (Produced in court.) Mrs. Fonnereau. These are, my property. There are thirty-three medals. Richard Rumbolt . I am a pawnbroker, and live in Vere-street. I received this tippet and two counterpanes of the prisoner, and several other things. (Producing a large quantity of wearing apparel, deposed to by prosecutrix.) He told me they were the property of one Mrs. Gray, who he said was in distress. Richard Jones . I am a constable. I was directed to search the prisoner's lodgings, on the 25th of September, where I found, in a drawer, a sheet, a black tippet, a pocket book, and several medals. (Produced, and deposed to by prosecutrix.) The prisoner was asked if the prosecutrix would not miss the things when she came home: his answer was, she would find a d - nable deficiency. Mr. Seabine. I had this ring of the keeper of the watch-house where the prisoner was. (Produced, and deposed to by prosecutrix.) Sarah Jacobs . I am servant to Mrs. Phillips. I bought a sack and coat of Mrs. Walley, and sold them the next day. Seabine. When the prisoner was before the Justice, I heard him say he took the things out of the house, at the fore door, at four times. I said, Then you must have a key. He said he had a key, and he left the door a jar each time, and that the maid was a washing below, when he brought them out, and gave them to three men, who took them away. Q. to Mrs. Bramley. Is there a key-hole on the outside of the street-door? Mrs. Bramley. There is. The back-door goes out into Marybone-lane. All these things mentioned were left in the house when we went out. Prisoner's Defence. I was drinking with a couple of men, who brought these things to me; and I lent them some money upon them; but they not coming again to their word, I took and sold some, and pawned others. Guilty . Death . 552. (M.) Andras Hendrick Longreen was indicted for breaking and entering the dwelling house of William Norman , on the 9th of October , about the hour of twelve in the night, and stealing four china punch bowls, value 10 s. and 20 s. in money numbered, the property of William Norman , in the dwelling-house of the said William . * William Norman . I am a victualler , and live at Limehouse ; my house had been broke open before, but the last time it was broke open was this day se'nnight at night. We went to bed about eleven, and made the door and windows all fast; a gentlewoman came to the door and called out that the house was broke open, and desired us to get up I got up, and found a back window was broke open. I missed four punch bowls. I also found my till was broke. I missed some money out of it, but cannot say how much. Q. Why do you charge the prisoner? Norman. He was catched in breaking open my neighbour's house: then he confessed to the breaking mine. I heard him own to it before the Justice. He owned he had broke into my house five times. He said he broke in this time about two in the morning, and had taken four punch bowls, and three handfuls of copper, and that nobody else was with him. Q. How was the window broke? Norman. There was a whole light taken out over the kitchen door; but he could not get in there, so he came and broke a shutter of the back room window, and came in that way, where he said he had been in before. Q. What is the prisoner? Norman. He is a sea-faring man. He did work for me about a month. Elizabeth Mason . I saw the house was broke open between five and six that morning, and I called the prosecutor up. Prisoner's Defence. I do not know any thing at all about it. I belong to the Pacifick Indiaman, and have been at home about five months. Guilty . Death . There was another indictment against him for burglary. 553, 554, 555. (M.) John Leveredge and John Cook were indicted for stealing a silver watch, value 30 s. the property of Digory Masters ; and Joseph Mahan for receiving the same, well knowing it to have been stolen , August 29 . + Digory Masters. On the 29th of August the two boys at the bar, Leveredge and Cook, came into my shop under pretence to buy a pair of shoes. I shewed them a pair, but they said they would not do. I turned my back to see for another pair, and I suppose then they took my watch. I know it was hanging up in its place when they came in, and I missed it in about a quarter of an hour after they were gone. About three weeks after Mr. Wright, the keeper of Tothillfields Bridewell, brought Leveredge to me, who confessed that they took it at that time. John Glyn . I took in this watch of a woman that lives with Mahan; on the 13th of September she fetched it out again, and Mahan brought it again on the 15th. George Rimer . I am going in my fifteenth year of age. Leveredge and Cook went into the shoemaker's shop to buy a pair of shoes. I stood without at the corner. Cook came out first with the watch, and said, I have got the watch, let us run away. We did. After that Leveredge sold it to Mahan for fifteen shillings. Q. Did Mahan ask you how you came by it? Rimer. He knew how I came by it; he used to be always buying of things. He has bought other things of boys. Q. What is he? Rimer. He is a shoemaker by trade. Q. What is Leveredge? Rimer. He is a plaisterer . Glyn. The boy Rimer told me it was sold for twelve shillings. Rimer. Mahan bought two watches of us; he gave twelve shillings for one, and fifteen for the other. Q. What is the watch worth? Glyn. I lent sixteen shillings upon it. Leveredge's Defence. I went into this man's shop to buy a pair of shoes: he had none that would fit me. Cook was gone about five minutes before me. He and Rimer ran away. I did not see them till the Monday: then they asked me to go with them to sell a watch, but I had none of the money. Rimer. We sold the watch the same afternoon that we took it. Cook's Defence. Rimer met me coming out at the door: he had a watch, and he went and sold it. I had none of the money indeed. Mahan's Defence. Last Saturday was a month this young fellow came up to me, that is, Leveredge. I never saw any body but him. He asked me to mend his shoes. I said I had but six-pence about me to buy leather. I said, If you will give me a shilling, I will go about them on the Monday morning. He said he had no money. He had a watch, and desired me to go and pawn it for him. I went and left it with Mr. Glyn for sixteen shillings. I never saw him after till before Sir John Fielding . Leveredge acquitted . Cook guilty . T . Mahan guilty . T. 14 . (M.) John Cook and John Leveredge were a second time indicted for stealing a silver watch, value 30 s. the property of John Salt , September 15 . + John Salt deals in clothes . The three boys went in, and while one was trying a coat on, another of them took his watch, which Rimer had seen hanging up the day before, and bad told the others of it; and they went on purpose to take it. Both guilty . Leveredge B . 556. (M.) Richard Neil was indicted for stealing a silver watch, value five guineas , the property of John Leith , October 5 . + John Leith . I am a labouring man , and live in St. Giles's . I thought the boy at the bar was starving, so I took him home on the Tuesday, and he seemed to behave very well; on the Wednesday and on the Thursday I missed him, and my watch from hanging on a nail. I went to Sir John Fielding , and got some hand-bills distributed about, and the watch was stopped and brought there. Andrew Pursell . About five minutes before the watch was brought to me, I had a hand bill delivered to me from Sir John Fielding . A soldier, name Kirk, brought the watch to pledge, and I seeing it answered the bill, stopt it, and took the soldier before Sir John. John Kirk . I am a soldier. I had this watch of a man, named Alsop. I carried it to pawn, and was stopt with it. John Alsop . I was centry at Whitehall guard, when the lad at the bar came and shewed this watch to me. He said he found it in a piece of flannel, in the Strand. He asked us if we would be so good as to go and pawn it. Q. Did you know the prisoner before? Alsop. I never saw him before, to my knowledge. (The watch produced, and deposed to by prosecutor.) Prisoner's Defence. I took the watch, and carried it to the soldier, who was to give me nine shillings for it. Guilty . T . 557. (M.) Ann Ridder , spinster , was indicted for stealing eleven yards of lace, value 3 s. and four pair of women's leather gloves, value 1 s. the property of Richard Groom , October 7 . + Elizabeth Groom . I am wife to Richard Groom . The prisoner has worked for me between eight and nine years, in making up cloaks and hats: she came to my house almost every day. I moving from my house in Berwick-street, to Newman-street, near the Middlesex Hospital, I desired her to help me. After she had went a second time, I enquired for the piece of lace: she said I should find it among the things. After that I missed several other things; when I asked her about them, she made slight of them, but at last she owned the fine lace and some ribbons were sent to Chertsey in Surry, to her sister, to be sold. I went the same day to Chertsey, and shewed her sister the hand-writing of the prisoner of the things; then her sister gave me this letter (producing one) which I know to be of the prisoner's hand writing. (It is read in court.) The contents were, that the prisoner had sent her some lace, which she said was very cheap, &c. (The lace produced in court.) Elizabeth Groom . This lace I received of her sister in Surrey: it is my property. I found four pair of gloves in her apartment in Swallow-street, and she owned she took them out of my apartment in Berwick-street. Mary Warden . Mrs. Groom called upon me, and said she had been robbed. I went with her to the prisoner's room, and said to her, You have robbed Mrs. Groom. She begged for mercy of Mrs. Groom, and owned it. I saw the gloves found. I heard her confess she took the lace and some ribbons. Prisoner's Defence. I am employed in the black millener way . I have often black lace by me. She called James Morris and George Vickers , who said they never heard any ill of her character before. Guilty . T . 558. (M.) John Gilder was indicted for stealing six shillings and six-pence, and six half-pence , the property of Simon Clark , Aug. 12 . + Acquitted . 559. (M.) George Croucher was indicted for stealing two table cloths, value 5 s. and twenty-four halfpence , the property of John Wood , October 9 . + John Wood . I keep a public-house in Westminster . I lost two linen table-cloths; I cannot say the exact time; the boy at the bar confessed to the taking and pawning them. I also lost halfpence at different times. The prisoner drawed beer for me at different times. Q. How old is he? Wood. His father says he is seventeen years of age. I never got the table cloths again. The boy owned to me he got into my house at the upper window, and came down to the till, and took the halfpence. He said he pawned the table cloths to Henry Still in the Almory, but he says he has no such things. The prisoner said nothing in his defence. Guilty . T . 560. (M.) Joseph Baretti was indicted for the wilful murder of Evan Morgan ; he also stood charged on the coroner's inquest for manslaughter, October 6 . + He had the liberty, being a foreigner, to be tried by a Jury of half foreigners: but he chose to be tried by all Englishmen. Elizabeth Ward . I was in the Hay-market on the 6th of October, and between nine and ten in the evening. There was another woman with me, whom I never saw before. She asked me for a penny: I told her I had none. She sat upon a step of a door, and I sat down by her. As this gentleman went past, the other girl asked him to give her a glass of wine, as she was sitting on the step, and she put her hand towards him. Q. Did she touch him? E. Ward. I cannot say whether she did or did not: I believe she did. Q. What was that for? E. Ward. I believe it was by way of inducing him to go with her. He went a little further on, and then turned back and struck me a great blow on the side of my face. Q. What was you doing? E. Ward. I was looking at the girl, and he came unawares to me. Q. Was it open-handed, or with his double fist? E. Ward. It was with his double fist. Q. Did it hurt you? E. Ward. It hurt me very much. Q. Were any body near you then? E. Ward. I did not see a creature near me then, except he and the girl. Then I called out. Q. How far did he go before he returned? E. Ward. As near as I can guess, he went about a yard. When I screamed out, three young men came to him: they asked him how he could strike a woman. Q. Did you not say something about your patten? E. Ward. Upon my word I did not, nor did I hear it mentioned. Q. Did you not say he ought to be clove down with a patten? E. Ward. No, I did not. Q. Did you hear the young men say so? E. Ward. I did not. One of them asked him how he could strike a woman; and they shoved one another against him, and shoved him off the pavement. Q. Whereabouts was this? E. Ward. This was at the corner of Panton-street. They shoved him off into the Hay-market, into where the coaches go. Then he drawed his knife out of the case and held it in his hand; but I did not see him stab either of them. They cried murder, he has a knife out! Q. What was done then? E. Ward. The gentleman ran away immediately when they called out. Q. Did you here them say they were stabbed? E. Ward. I did not. They all ran after him. Q. Did they shove one another against him before he took his knife out, or after? E. Ward. They shoved one another against him before he took his knife out. Q. Did you see him take it out of his pocket? E. Ward. I saw him take it out of the case. I did not see him take it out of his pocket. Cross-Examination. Q. Who was that woman with you? E. Ward. Upon my word I knew nothing of the woman. Q. Did you not know her before? You are upon your oath. E. Ward. I did not. Q. Have you seen her since? E. Ward. I have not. I asked in the Haymarket, but could not find her. Q. What size woman was she? E. Ward. She was rather shorter than I. Q. How was she dressed? E. Ward. She had a brown gown on. It appeared to be black. I do not know whether it was brown or black. Q. How long had you been sat down by her, before the gentleman came by? E. Ward. Not long. Q. Whereabouts did she put her hand? E. Ward. Towards his breeches; towards his private parts. Q. Do you think she did or did not touch him? E. Ward. I believe she did touch him. Q. How long after this did the three young men come up? E. Ward. In a moment; immediately. Q. How many of those young men were you acquainted with before? E. Ward. I was not acquainted with any of them; only one of them kissed me the night before in the Haymarket. I believe I saw two of them: I remember one of them in particular, because he squinted. * * The evidence Clark squinted. Q. Did you never see them, or either of them, before? E. Ward. Upon my word I never saw them in my life before. Q. Whereabouts in the Haymarket did you see them? E. Ward. It was by the Orange coffee-house, at the end of the Haymarket. Q. Which of the other was it that you saw besides he that squinted? E. Ward. I believe the other was Morgan, he that is dead. Q. How soon after they said - How could you strike a woman? I was it that they shoved the gentleman? E. Ward. Directly. Q. How many times did they shove him? E. Ward. It was twice. They shoved one, and then another. They were all close together. They shoved him from off the pavement. Q. Where was he when you saw the knife in his hand? E. Ward. He was then off the pavement in the high-way; I saw the knife in his hand; and then he ran away. Q. Did he run very fast? E. Ward. He ran quite fast, about eight or nine doors up Panton-street, the way where he ran into the house, only the house was farther on; then I saw his head over their shoulders turn back. This was when he was gone eight or nine doors up. They all kept to close to him. I believe it was then that the deceased was stabbed. Q. Did you follow them? E. Ward. I did, and saw him afterwards go into a shop in Panton-street. Q. How many doors was that house from the end of the Haymarket? E. Ward. I really cannot tell. Q. Did you observe any other house open besides that? E. Ward. I saw no other open but that: that house was not above two or three doors from Oxendon-street. Q. Were there no names called? E. Ward. There were no names called by any body. Q. Did not you, or the other girl, call him French dog, or to that purport? E. Ward. No. I remember he called us b - hes. Q. Did not the young men call him such names? E. Ward. I did not hear them. I was in a flurry. I do not remember they did. Q. Do you recollect you have ever said they did? E. Ward. I believe I might say so. Q. Do you believe you then told what was not true? E. Ward. I never designedly said what was not true. Q. Then recollect what you did hear. E. Ward. I remember hearing some say buggerer, or some such name. Some of them called him so. Q. Which was it, the other girl, or some of the men? E. Ward. I cannot tell whether it was the girl, or one of them. Thomas Patman . On the 6th of October Mr. Clark and I were coming up the Haymarket. We met Morgan near abouts where the fire was. We drank three pints of beer together, at a house that turns up on the left-hand. We asked Morgan to give us a song; he said he would give us a song, if we would go along with him to a house in Golden-square. We were going along the Haymarket all three together, and just at the corner of Panton-street, coming by, there was a gentleman struck a woman. I saw him strike her on the head. She reeled, and was very near ready to fall. I do not know whether it was me that said he was not a gentleman for striking a woman. Q. Did you know the woman? Patman. I did not. I had never spoke to her in my life. Q. What did the woman say? Patman. The woman cried out. I never heard her mention a word before. She said, You do not behave like a gentleman. Q. What did he say? Patman. I never heard him speak a word. The other two men were behind me, and they immediately pushed me against the gentleman. I received a blow from him directly on my left side: the blood ran down into my shoe. Q. How many times was you pushed against him? Patman. I remember no more than once. Q. Was it with any great violence? Patman. No, none at all. It would not hurt any body. Q. Did you hear the word buggerer mentioned, or something like? Patman. I did not. Q. Did you not call him names? Patman. I did not call him any names at all. I cried out I was stabbed. Q. Where was the gentleman then? Patman. He was just at the corner of Panton-street, off of the Haymarket pavement. Q. What did Morgan do to him? Patman. I never saw Morgan do any thing. The gentleman made off half way up Panton-street. I did not know he had a knife. Morgan ran after him, to take him, and just by the Hole in the Wall Morgan received a wound. I saw the gentleman strike at him as he was running up Panton-street: he struck him on the side of his body. Q. Whereabouts was he when this was done? Patman. He was half way up Panton-street, on the right-hand. Q. Did you see any other blows given? Patman. I saw none but that. We pursued him, and cried murder. We saw him go into a chandler's shop. I went just by the door. Morgan was lying on the ground, as they told me. I did not see him. I never lifted up a hand against the gentleman, neither did I see any of the others offer to strike him. Q. Did you hear any such words as buggerer, or French bugger? Patman. No, I did not. Q. Had you given him no offence at all? Patman. No. Q. Was you not pushed against him? Patman. I was. Q. Where was he then? Patman. He was off the pavement. Cross-Examination. Q. How many were there of you at the public house? Patman. There were Clark, I, and Morgan. We wanted Morgan to sing a song there, but he had been desired by people there before, and he would not sing there. Q. Where did you and Clark meet with Morgan? Patman. We met with him accidentally in the Haymarket. Q. When had you seen him before? Patman. I had seen him some time before. Q. How many woman did you see? Patman. There were two women sitting on the steps, within two doors of Panton-street, in the Haymarket. Q. Did you know either of them? Patman. No, I did not. Q. Can you tell whether Morgan knew any of them? Patman. I cannot say whether he did or no. Q. Did you never declare that Clark and Morgan knew the girl? Patman. I do not know that I did. Q. Was you examined before Sir John Fielding ? Patman. I was. Q. Did you not say there that they did? Patman. I do not remember I said so. Q. Did you hear any expression made use of by either of the girls about a patten? Patman. I was in a flurry; I do not remember it. Q. How long after the blow you declared you was stabbed? Patman. Directly. Q. Did you not declare, that at the time you was stabbed you did not know you was stabbed, till you felt the blood run down? Patman. The blood ran immediately. Q. Might not there be a minute or two between? Patman. I am most sure, it was not half a minute. Q. Where was Mr. Baretti pushed to; was he pushed off the pavement? Patman. I believe he was pushed about three feet. Q. How near was you to him? Patman. I was close by him. I followed him by the force of the push. Q. How long after the push did you call out you was stabbed? Patman. I felt the blood come immediately. Q. Did not you say you did not know you was stabbed till the other man fell? Patman. I knew I was stabbed before. Q. But did not you say you did not call out you was stabbed, till after the other man was stabbed? Patman. I gave notice directly. Q. Did you see Morgan attempt to strike him? Patman. No. Q. Where was he when Morgan laid hold of him? Patman. Just by the Hole in the Wall. Q. How far might that be from the place where he was stabbed? Patman. That was about eight or nine doors distant. Q. Did you not see the knife? Patman. I never saw it at all. I thought it had been a little pen-knife. John Clark . I was going up the Haymarket on Friday, the 6th of October, in the evening, between seven and eight o'clock. Patman and Morgan were with me. I saw Mr. Baretti strike a woman. Mr. Morgan pushed me against Patman, and Patman pushed against Mr. Baretti. Q. Was it a shove with violence? Clark. No; it was a slight shove. He did not push me so very hard. Q. What happened upon that shove? Clark. I did not see the knife till they hallooed out they were stabbed. Q. Did you hear Patman cry out he was stabbed? Clark. Yes. The gentleman ran away, and Mr. Morgan went up to him, and he stabbed him. Q. At what time did Patman say he was stabbed? Clark. Some time after. Q. How long after? Clark. It might be a minute, or a minute and a half, or two minutes. Q. Then the moment Patman had been pushed against him, he ran up Panton-street? Clark. Not till they both cried out. Q. Where was Morgan stabbed? Clark. In Panton-street. Q. I ask you, whether as soon as Patman had been pushed against the gentleman, did they not both go off the pavement upon that push? Clark. The gentleman did. I do not know whether Patman did. Q. Upon that, did not the gentleman immediately run up Panton-street? Clark. He went on towards Panton-street. Q. Then he went on for Panton-street before you heard Patman say he was wounded? Clark. Yes. Q. Did you see the blood upon Patman? Clark. Yes, after he got to the grocer's shop. Q. Then you cannot tell whether it was before or after Patman was stabbed that he ran? Clark. I cannot say which was stabbed first. Q. Did you not all run after the gentleman when he ran up Panton-street? Clark. Yes. Q. When did Patman say he was wounded? Clark. That was after we had run after the gentleman. Q. Then you had not heard him say so before? Clark. No. Q. Why did you run after him? Clark. Because they said he had a knife in his hand. Q. Did you hear somebody say they were stabbed? Clark. Yes. Q. And did you take that to be one of your companions? Clark. Yes. Cross-Examination. Q. You have been examined by the magistrate and coroner, have you not? Clark. Yes. Q. You was sworn before the coroner to tell the truth? Clark. Yes. Q. Did not you before the coroner swear that Morgan was first stabbed? Clark. I did not know which was. Q. Did you say that Morgan was the first person that said he was stabbed? Clark. I did not know who that was. Somebody cried out they were stabbed, but I did not know who it was. Q. Did not you say so before the coroner, and sign to what you said? Have you seen your deposition lately? Clark. No. Counsel. I agree with you, you say you do not know which was first stabbed: but did not you swear, and sign before the coroner, that Morgan first said he was stabbed? Q. Have not you said Patman did not know he was stabbed, till he came into Panton-street; and did not you say, when asked, who followed the gentleman, when he was shoved off the pavement? Clark. I am not certain; I did not take particular notice who ran after him. Q. Why did you not endeavour to recollect before the coroner, when a man's life was almost as much at stake as here? Did not you say then somebody went up and collared the gentleman? Clark. Yes I did, it was Morgan: I am not certain who it was, I think it was Morgan: that was after he ran up towards Panton-street. Q. Where was Morgan when the gentleman stabbed Patman? Clark. I believe Morgan then was in Panton-street. Q. Have not you said upon your oath, that Morgan did go up to the gentleman to collar him? Clark. That was when he went to go away. Q. Did Morgan first say he was stabbed? Clark. I am not certain. Counsel. Remember, the Jury are to depend upon something where a man's life is at stake. Have not you declared upon oath that Morgan was the first that said he was stabbed? Clark. No, sir. Q. Have not you said that upon oath before the coroner? Clark. Yes. Q. When did Patman say he was stabbed? Clark. Patman did not say he was stabbed, till near the grocer's shop, as I heard. Q. Do you know that Morgan knew that Patman had received any injury, when he went up to collar the gentleman? Clark. I do not know. Q. Did Morgan go up to collar the gentleman before he knew Patman was stabbed? Clark. Yes. Q. Now recollect another thing. What words were made use of on this occasion by the woman? Clark. The young woman said, he deserved a knock over his head with her patten. That was after he had struck the other woman. Q. Were not the words, to have his skull cleaved? Did not you make use of the words cut or clove down with her patten? Clark. No, it was have a knock with her patten, or words to that effect. I said the same words then, as now. Q. After you was examined, was not you called up to the head of the table, and your deposition read deliberately to you? And was not you desired to attend to it? And did not you sign your name to it, and declare the whole to be truth? Clark. Yes. Q. Was the gentleman called any names? Clark. No. Q. Did not you tell Mr. Wyatt, the surgeon at the hospital, he was called French bugger, or French woman-hater, or words of that sort? Clark. No, I did not. Q. Now as to this Elizabeth Windsor , or Ward, I understand she goes by two names, how long have you known her? Clark. I never saw her before I saw her at the coroner's. She said she saw me the night before this, but I did not know it was she. She said I kissed her the night before. John Lambert . I have endeavoured to collect all the evidence together, at a great deal of trouble and pains, and when I had so done, I gave it the prosecutor's sollicitor to make what use of it he pleased. I am a tallow-chandler, and was then a constable. On the 6th of this instant October, about nine o'clock in the evening, I was sat down to supper, when I heard the cry of murderer, or stop murderer, which alarmed me a good deal. I got to my door, and observed the prisoner and two or three men pursuing him: he ran into a grocer's shop just opposite to me. Patman was standing at the door when I went over. He was unbuttoned, and there was blood running down; I observed it through his shirt. I asked him what was the matter; he said he was stabbed by that gentleman, who was then in the shop, and had a knife in his hand. The silver case on it was bloody. He had a green shagreen case in the other hand. I said, Sir, I beg you will surrender. One or two of my neighbours came in; he said, Are you friends? I said Yes, we were, and would protect him. By that time a mob was gathered about the door, being between nine and ten. He endeavoured to put the knife in the shagreen case, and I believe he would have done it, if I had given him time. I not knowing who, or what he was, I thought it best to secure him. Immediately I sprang to him, seized him by the collar, and took the knife and knocked it against a tea-chest to force it in; it was not quite in; and bent the point of it as it is now. ( Produced in court, in a silver case over the blade.) I did propose carrying him to the round-house, but Sir John Fielding 's name being mentioned, Mr. Barretti said he was very willing to go before him. He said he was a gentleman, and secretary to the Royal Academy in Pall-Mall. I took him to Sir John, and he was committed. Cross-Examination. Q. Did you observe whether he had any intention to make his escape? Lambert. No; he did not show any intention of that sort. Q. Did he attempt to conceal his knife? Lambert. No. I showed him my short staff, but I believe he did not see it. He appeared to be very near sighted. Some of Mr. Barretti's friends said there was another woman with Ward. I made it my business to take up several prostitutes in the Haymarket, and examined them, but could not find any such person as Ward has mentioned. John Lloyd . I was a patient in Middlesex hospital when Morgan was there. I asked him how he received his wounds; he said he received them in Panton-street, near the Haymarket; that he and two men were going along, and they saw a gentleman strike a woman; and one of them said he was no man for abusing a woman in that manner; that the deceased being in the middle, they shoved against the gentleman, and he stabbed the next man to him: the man cried, I am stabbed, and he made after him; and when he overtook him, he stabbed him in two places, turned round a third time, and stabbed him again, which hurt him worse than the two first. Q. Did he tell you he had collared him, or was going to collar him? Lloyd. He said his life was taken away, without any offence, over and over again. Robert Lelcock . I was a patient in that hospital at the same time. Mr. Morgan told me he had been and drank a pint of beer with two gentleman; that he saw a gentleman assault a couple of women; that he went up to their assistance, and received two wounds, and after that a third, which stab was the worst he had. John Wyatt . I am a surgeon at the Middlesex hospital. Morgan the deceased was brought in there. He had received three wounds. Q. Do not you apprehend that each of these three wounds might occasion his death? Wyatt. That wound received in his abdomen was the occasion of his death. Wounds in the lungs do sometimes prove mortal, and sometimes not. After I had seen the deceased, I was going through the hall, when the porter stopped me, and told me there was the other man that had been wounded: I turned to him; there was Patman and Clark with him. I asked them how the affair happened. Clark began to tell his story. He said they were coming up the Haymarket; they had drank some beer; where they saw a gentleman abusing a lady, who was an acquaintance of the gentleman's up stairs (meaning Morgan.) These were the very words as near as I can recollect. I kept those words in my mind, because I thought there was something extraordinary, not only in the manner of the man's expressing himself, but in the matter. I let him go on. I believe I asked him what provocation had been given to the gentleman; he said none, only pushing upon him. I asked how that was: he replied in these words, The gentleman up stairs pushed me against that gentleman (pointing to Patman) and I pushed him upon the gentleman (meaning Mr. Baretti.) I asked who it was that struck the gentleman. (I had not heard that any body had, but I thought it probable.) They said they only pushed him. I asked him what provocation the girl had given him; he said he believed she had d - d him for a French bugger, and said he ought to have his head clove with a patten; but, said he, I saw no patten. Clove, or cut down, it was one of those expressions. Then the patients and pupils in the hall were collecting about us. I took him out of the hall into the board room, and said to Clark, This woman was an acquaintance of yours: he said no. Then I said, Probably I made a mistake, she was an acquaintance of the gentleman's up stairs: he then said, No, not at all. Then the gentleman with me said, You rascal, you said so, not two minutes ago. But he then denied it: after that, I did not ask him any other question. Court. Mr. Baretti, the evidence is now gone through that they have produced against you, in regard to the crime of which you stand charged. It is now your time, if you chuse to say any thing in your own defence, or if you think proper, you may leave it to your counsel to call witnesses. Mr. Baretti. I have wrote something concerning this accident. I do not know whether it is proper for me to read it. Court. You certainly may be permitted to speak or read any thing you have wrote. I suppose you mean it as a history of the fact? Mr. Baretti. Yes. He read to this purport: On Friday, the 6th, I spent the whole day at home correcting my Italian and English Dictionary, which is actually reprinting and working off, and upon another book in four volumes, which is to be published in February next, and has been advertised in the News-papers. I went a little after four to the club of Royal Academicians in Soho, where I stopped about half an hour waiting for my friends, and warming myself in the club-room. Upon nobody's coming, I went to the Orange coffee-house, to see if a letter was come for me, for my letters come there, but there was none. I went back to go to the club, and going hastily up the Haymarket, there was a woman at a door; they say there were two, but I took notice of but one, as I hope God will save me: there might have been two, though I only saw one: that is a fact. There was a woman eight or ten yards from the corner of Panton street, and she clapped her hands with such violence about my private parts, that it gave me great pain. This I instantly resented, by giving her a blow on the hand, with a few angry words. The woman got up directly, raised her voice, and finding by my pronunciation I was a foreigner, she called me several bad names in a most consumelious strain; among which, French bugger, d - ned Frenchman , and a woman-hater, were the most audible. I had not quite turned the corner, before a man made me turn back, by giving me a blow with his fist, and asking me how I dare strike a woman; another pushed him against me, and pushed me off the pavement; then three or four more joined them. I wonder I did not fall from the high step which is there. The path-way is much raised from the coach-way. A great number of people surrounded me presently, many beating me, and all d - ning me on every side, in a most frightful manner. I was a Frenchman in their opinion, which made me apprehensive I must expect no favour nor protection, but all outrage and blows. There is generally a great puddle in the corner of Panton-street, even when the weather is fine; but that day it had rained incessantly, which made it very slippery. I could plainly perceive my assailants wanted to throw me into the puddle, where I might be trampled on; so I cried out murder. There was a space in the circle, from whence I ran into Panton-street, and endeavoured to get into the foot-way. I was in the greatest horror, left I should run against some stones, as I have such bad eyes. I could not run so fast as my pursuers, so that they were upon me, continually beating and pushing me. Some of them attempting to catch me by the hair-tail: if this had happened, I had been certainly a lost man. I cannot absolutely six the time and place where I first struck: I remember, somewhere in Panton-street, I gave a quick blow to one who beat off my hat with his fist. When I was in Oxendon-street, fifteen or sixteen yards from the Haymarket, I stopped and faced about. My confusion was great, and seeing a shop open, I ran into it for protection, quite spent with fatigue. I am certainly sorry for the man, but he owed his death to his own daring impetuosity. Three men came into the shop, one of them cried to me to surrender myself to him, who was constable. I asked them if they were honest men, and friends; they said, Yes. I put up my knife, desired them to arrest me, begged they would send for a coach, and take me to Sir John Fielding . I appeal to them how I behaved, when I surrendered, and how thankful I was for their kind protection. Sir John heard what I and the men had to say. They sent me into a room below, from whence I dispatched a man to the club in Gerrard-street; when Sir Joshua Reynolds and other gentlemen came to me. A messenger was dispatched to the Middlesex hospital, where they said Morgan was carried. A surgeon came, and took his oath that Morgan was in danger. Sir John committed me to Tothillfields-Bridewell. Two gentlemen, as well as the constable, can witness to my behaviour when the coachman lost his way, which forced us to alight in the raire and darkness, in order to find the way to Tothillfield-Bridewell. I humbly conceive this will shew I had no intention of escaping. That woeful night I passed without rest. My face had been observed to be hurt, while I was at Sir John Fielding 's; and the constable was the first who took notice of a blow I had received on my chin. But when the heat and fear had subsided, I found a great pain in divers parts of my body. Mr. Molini and Mr. Low being with me, desired me to let them see what was the matter with my back, which I had complained of, I stripped, and they saw several bruises. - This, my Lord and Gentlemen of the Jury, is the best account I can give of my unfortunate accident; for what is done in two or three minutes, in fear and terror, is not to be minutely described; and the Court and the Jury are to judge. I hope your Lordship, and every person present, will think that a man of my age, character, and way of life, would not spontaneously quit my pen, to engage in an outrageous insult. I hope it will easily be conceived, that a man almost blind could not but be seized with terror, on such a sudden attack as this. I hope it will be seen, that my knife was neither a weapon of offence or defence: I wear it to carve fruit and sweetmeats, and not to kill my fellow-creature. It is a general custom in France, not to put knives upon the table, so that even ladies wear them in their pockets for general use. I have continued to wear it after my return, because I have found it occasionally convenient. Little did I think such an event would ever have happened. - Let this trial turn out as favourable as my innocence may deserve, still my regret will endure as long as life shall last. A man who has lived full fifty years, and spent most of that time in a studious manner, I hope, will not be supposed to have voluntarily engaged in so desperate an affair. I beg leave, My Lord and Gentlemen, to add one thing more. Equally confident of my own innocence, and English discernment to trace out truth, I did resolve to wave the privilege granted to foreigners by the laws of this kingdom: nor was my motive a compliment to this nation; my motive was my life and honour; that it should not be tho ught I received undeserved favour from a Jury part my own country. I chose to be tried by a Jury of this country; for if my honour is not saved, I cannot much wish for the preservation of my life. I will wait for the determination of this awful Court with that confidence, I hope, which innocence has a right to obtain. So God bless you all. Q. to Lambert. Did you take notice of some blow upon Mr. Baretti's face at Sir John Fielding 's? Lambert. I did. I forgot to mention it before. He told me he had received it at the time by some of the people, which, in all probability he might. It was a little swelled. Q. Had he his hat? Lambert. He had lost it in the scuffle. Ann Thomas . My husband is cook to Sir Pennington Lamb , at Brocket-Hall. I had been in the country, and came to town the day before this happened. I went this day to see a person that was ill of a fore throat. I staid and supped with her, and going home, I came through Leicester-Fields. I was on the left side of the way in the first Panton-street, (there are two Panton-streets ) where I saw a shop open. As I went on (I had my child in my arms) I saw a croud of people at the end of the street by the Haymarket. I also saw a gentleman run from among them on the side of the way I was. I stood still. My child asked me to go home. Whether the gentleman stopped, or they stopped him at the Hole in the Wall, I cannot tell: they all ran after him: they were all in a great bustle: I saw but one woman among them. Q. How many do you think there were of them? A. Thomas. There might be eight, or ten, or a dozen. I did not think of being called in question about it. I was about facing him when he stopped. I saw him turn upon them. He was in the midst of them. I saw him run from them again, towards the other passage; and when they ran again, I heard the cry of murder. Q. Had you heard that cry before? A. Thomas. I had not. I was much frighted. I and my child wentforward, towards the grocer's shop. I asked a person to take hold of my child, that I might go and see who it was. The person was not willing, so I went on towards home. I never saw the gentleman in my life before. Mr. Peter Molini . I am acquainted with Mr. Baretti. I dined with him to-morrow will be a fortnight ago, the day after the affair happened. As he was complaining of pain in his body, I desired him to strip, that we might see. In looking on his back, I observed a bruise under his shoulder, on the left side, and another a little lower, on the other side his back; I also saw a swelling on his right cheek, and a scratch on the right side. Two of the bruises were very visible. His jaw was swelled, and there was a little scratch on the same side. There were two other gentlemen present at the same time. Q. Look at this knife here produced. (He takes it in his hand.) Mr. Molini. I have seen such knives as these before; they are used by almost every body. It is usual to carry them in pockets. Ladies use them to peel fruit, and eat sweetmeats, abroad. It is not common, as here, to put knives on the table. The outside is silver, and the inside steel, to cut a little bit of bread with. Mr. Low. I am acquainted with Mr. Baretti; I visited him in Tothillfields-Bridewell. On Saturday, the 7th of this instant, a gentleman came and told me of the affair. I went about three, and asked him how he did; how he found himself: he said, I can scarce tell you; my mind is in a very bad situation, and I have bruises on my body. I said, You had better shew them before they go off. I lifted up his shirt, after his coat and waistcoat were off, and saw six or seven bruises on his body. The most remarkable was upon his blade-bone. There was one on his hip, and another on his side, which seemed as if the skin was a little off. Justice Kelynge. I once was coming from a relation of mine down Panton-street, when a woman took hold of me, and endeavoured to put her hand into my breeches. I immediately sprung away. I was going to knock her down, when two men came up to me. I called out watch! watch! very loud, but no watch came, though they were very near. A gentleman, a major, crossed the way to me, and then they all ran away. It is a common case there, I am sorry to say it, notwithstanding all the care we take. Here is another brother magistrate in court, that has been attacked in the same manner: there is seldom a woman that attacks a man, but they have two or three men behind them, ready to pick your pocket, or to knock you down. Mr. Perrin. It is impossible to walk up the Haymarket in the evening, or night, but you will meet with women the most indecent, the most abandoned wretches, that ever I saw, and they have often men following them. I have been obliged to go out of the way on their account. I have complained of this to Sir John Fielding and to Mr. Kynaston desiring they might be removed, for they are a common nuisance. Pains have been taken to remove them. They generally are attended by men. I have sometimes been afraid of walking up and down there. They will attack you, by laying hold of your arm, and are guilty of very great indecency, not to be bore with. There was a night-cellar there, where they frequented, but that has been removed. Major Alderton . I lodged at one time in Oxendon-street about four years. I was attacked about twelve months ago, at the corner of Panton-street, by men and women. I was attacked by women first, and because I pushed them away, I was attacked by men: they began to jostle me, but I had a pretty good stick in my hand, and they did not chuse to closely attack me. I applied to Sir John Fielding , and complained of that night-cellar. The licence then could not be taken away, because the house was of use to chairmen. It since is taken away. I have been more than once or twice attacked at that place. I have seen eight or ten there together, both men and women. Hon. Mr. Beauclerck. In France they never lay any thing upon the table but a fork, not only in the inns, but in public houses. It is usual for gentlemen and ladies to carry knives with them, without silver blades. I have seen those kind of knives in toy-shops. Q. How long have you known Mr. Baretti? Hon. Mr. Beauclerck. I have known him ten years. I was acquainted with him before I went abroad. Some time after that I went to Italy, and he gave me letters of recommendation to some of the first people there, and to men of learning. I went to Italy the time the duke of York did. Unless Mr. Baretti had been a man of consequence, he could never have recommended me to such people as he did. He is a gentleman of letters, and a studious man. Sir Joshua Reynolds . I have known Mr. Baretti fifteen or sixteen years. He is a man of great humanity, and very active in endeavouring to help his friends. I have known many instances of it. He is a gentleman of a good temper; I never knew him quarrelsome in my life; he is of a sober disposition. He never drank any more than three glasses in my company. I never heard of his being in passions or quarrelings. This affair was on a club night of the Royal Academicians. We expected him there, and were enquiring about him, before we heard of this accident. Mr. Baretti is secretary for foreign correspondents. Doctor Johnson. I believe I began to be acquainted with Mr. Baretti about the year 53 or 54. I have been intimate with him. He is a man of literature, a very studious man, a man of great diligence. He gets his living by study. I have no reason to think he was ever disordered with liquor in his life. A man that I never knew to be otherwise than peaceable, and a man that I take to be rather timorous. Q. Was he addicted to pick up women in the street? Dr. Johnson. I never knew that he was. Q. How is he as to his eye-sight? Dr. Johnson, He does not see me now, nor I do not see him *. I do not believe he could be capable of assaulting any body in the street, without great provocation. * Dr. Johnson and Mr. Baretti are both very near-sighted. William Fitz-Herbert , Esq; I have known him fourteen or fifteen years. He is a man of as good a character as ever I knew any body; a peaceable man; a man that I always chose to have in my family. He has been in the summer in the country with my family for months together. I never saw any thing exceptionable by him in any kind whatever. Edmund Burke , Esq; I have known him between three and four years; he is an ingenious man, a man of remarkable humanity; a thorough good-natured man. David Garrick , Esq. I was not very intimate with Mr. Baretti till about the year 54, though I knew him before. I never knew a man of a more active benevolence. He did me all the civility he could do to a stranger, as indeed he did so to every Englishman that came in the course of my acquaintance with him. When I was at Paris, I was very inquisitive about men of literature. I asked who they thought was the best writer in their language; they told me Mr. Baretti. He is a man of great probity and morals. I have a very particular instance of his great friendship to me. Mrs. Garrick got a lameness, and we tried every method in order for a remedy to no purpose; and Mr. Baretti was the person that restored her. Q. Look at this knife. (He takes it in his hand.) Mr. Garrick. I cannot say I ever saw one with a silver sheaf before. I had one, but I have lost mine. Mrs. Garrick has one now, with a steel blade, and gold. Q. When you travel abroad, do you carry such knives as this? Mr. Garrick. Yes, or we should have no victuals. Doctor Goldsmith. I have had the honour of Mr. Baretti's company at my chambers in the Temple; he is a most humain, benevolent, peaceable man. I have heard him speak with regard to these poor creatures in the street, and he has got some in the hospital, who have had bad distempers. I have known him three years. He is a man of as great humanity as an in the world. Doctor Hallifax . Mr. Baretti is a man extremely affable in his temper, and quite a good-natured man. There were divers other gentlemen in court to speak for his character, but the court thought it needless to call them. Acquitted of the murder, of the manslaughter, Self-defence . 561. (M.) Thomas Lewis was indicted for stealing thirty pounds weight of brass, value 10 s. the property of John Bristow , September 13 . + John Bristow . I am an engine-maker , and the prisoner is a sawyer , who sawed in my yard in Ratcliff high-way . I lost about thirty pounds weight of brass, which was found in his possession. Joseph Brewin . The prisoner's wife brought and sold eleven pounds weight of brass to our house. She had brought seven pounds the day before. I was told of it. I looked at it, and suspected it not honestly come by. She was to come about seven o'clock with more: when she came, I asked her how she came by it; she said her husband sent her with it. I sent for an officer. Then I asked her if I should send for her husband; she said no, but if I went to Jewin-street, and asked for one Thomas Lewis , it would do as well. I went and found him; he said he was her husband. He asked me what right I had to stop his wife; we said we had a suspicion the metal was stolen. He said it was his property. We delivered him to the charge of the officer of the night. The next day we went before the siting alderman; there he said he was going to market, to buy provision for his family, and a man stopped him to buy it or lend him money upon it, but he did not know the man: he said he lent three shillings upon it. I was informed the metal was the property of Mr. Bristow. I carried it there, and he owned it. (Produced in court, and deposed to by the prosecutor.) Prisoner's Defence. My family being ill of the small-pox, my wife told me a man brought the brass to her, and I was to lend him three shillings upon it; and my children being ill of the small-pox, she went and sold it. Guilty . B . 562. (L.) John Cave was indicted for stealing a muslin handkerchief, value 10 d. the property of Annesley Brown , October 6 . + Annesley Brown. Last Friday was se'nnight I was in Guildhall , between eleven and twelve o'clock. Mr. Smith touched me on the shoulder and said, You have lost something. I put my hand in my pocket, and said I missed my handkerchief. He said that man (meaning the prisoner) has got it. He was laid hold of, and I saw it taken out of his breeches. There were three other handkerchiefs found upon him. John Smith . I was standing behind the prisoner, and saw him make attempts to pick a man's pocket. The man had a button at his pocket, and he felt him. The man came back a little, and said, I believe that fellow tried to pick my pocket. I said I thought so too. Said he, Let us look at him. We did, and in about four or five minutes I saw him put his hand into this gentleman's pocket, and take out something. I saw but a bit of it. He put it into his breeches. Then I asked the gentleman, if he had lost any thing. We secured the prisoner. I told the gentleman, If he has your handkerchief, he has it in his breeches. There we found it. (Produced, and deposed to.) Prisoner's Defence. I took the handkerchief off the ground, and put it in my shirt bosom. I belong to the guards. Guilty . T . 563. (L.) John Robinson was indicted for stealing a linen handkerchief, value 10 d. the property of a person unknown, September 30 . ++ Acquitted . 564. (L.) Martin Kelly was indicted for stealing seven pounds weight of sugar, value 2 s. the property of a person unknown, September 30 . ++ Acquitted . 565. (L.) Charles M'Donald was indicted for stealing four silver watches, value 8 l. and a skele on watch, in a silver case, value 5 l. the property of John Perry , in the dwelling-house of the said John , September 16 . ++ John Perry . I am a silversmith and jeweller . I live in Holborn, near Leather-lane . I was up stairs, going to supper, when my servant-maid alarmed me. On the 16th of September, a little after nine in the evening, she had first shut in the shop, and was shutting the door, when she screamed out thieves! Mrs. Perry being nearer the stairs than I she went down. I went down when the people were gone from about the door. I saw my show-glass was broke, and five of my watches were taken away, all silver. One of them was a new skeleton one, which opens at the back, and shows all the work. I never recovered any of them again. The prisoner was taken, and brought in: his hand was cut and very bloody, done, I suppose, by breaking the glass. I had been gone out of the shop about ten minutes, the watches were there when I left it. Grace Hutchinson . I am servant to Mr. Perry. I had just put the shutter on the door, and shut it, when a man pushed the door open, and asked me if my master was at home. I said he was. He came in, and another came in sideways. The first that came in said, I need not call my master. He held a pistol to me, and bid me not to speak a word. The other kept his face towards the show-glass. When my mistress came down, the man left me, and went and held the pistol to her. The other man smashed the glass, and they soon made their escape out of the shop. As soon as I recovered myself, I went up stairs. I should know the first that came in, could I see him; but the other kept his back towards me all the time. By the prisoner's dress, and his size, he resembles that man. They had both blue coats on. The prisoner was brought into the shop in less than three minutes, I believe. He kept his hands in his bosom all the time he was in the shop, which was the best part of an hour. Thomas Clark . I live next door to Mr. Perry. The-clock had just gone nine. I was standing at the door, and saw the prisoner and another man loitering about our window-shutters. I saw the other man go into the prosecutor's shop, and the prisoner follow him. In a minute or two I heard a glass smash, and heard the cry, Stop thieves and robbers! by Mrs. Perry and her servant. I saw the two men run out: the prisoner was the last. One ran down Holborn, and the prisoner ran down Leather-lane. I pursued him. He was not got above thirty yards from Mr. Perry's shop, before I laid hold of him: he was never out of my sight. The street at that time was very clear. He was running as hard as he could. When I laid hold of him, he struggled several times to get away, till assistance came up. I am sure he is the man that I saw at our door, and went in last, and out last, at Mr. Perry's door. John Green. I am constable. I saw this young man bringing the prisoner back again. He said, Green, you must take charge of this man. I took him into Mr. Perry's house. The mob was so very great, I could not examine him there, so I took him into my own room, which is just by. I found nothing upon him. I observed from two or three of his fingers the blood run down. I said, If you are innocent of this affair, how came your fingers cut? He said the man took hold of him, ran him up against the wall, and rubbed the skin off. I looked at them. There were four, five, or six different places, all fresh done. It was his right hand. Here is a pistol, (produced in court) which was found loaded about four yards from the place where he was taken. James Ealey . I live close by the prosecutor, and having heard there was a pistol presented to the girl, I asked the young man that took the prisoner, where was the place he took him; he went and shewed me, and about a yard or two from the place, where he shewed me, I picked up this pistol. It lay up against a dead wall. Clark. It was found within two or three yards from where I took the prisoner. Prosecutor. The watches did not hang above four inches from each other. The show-glass was locked: I had the key in my pocket. The glass was broke in a thousand pieces. Q. Is your shop part of your dwelling-house? Perry. It is. Prisoner's Defence. When I was before my Lord Mayor, I asked this young man whether I made any resistance; he said I did not. I was taken into the house and searched, but nothing was found upon me. Then I was taken into a public-house, and in about half an hour a man brought in a pistol. I am a waiter , and lived at the Union coffee-house and tavern, Piccadilly. I was coming from an acquaintance, and going along I observed a crowd about the door: they called, Stop thief! I turned round, and was immediately seized by the collar. I asked what he accused me with. He told me for robbing the shop. Then I went back with him. Acquitted . 566. (M.) John Bird was indicted for stealing a linen bed-gown, value 6 d. a silk sack and petticoat, value 20 s. a silk night-gown, two callico aprons, value 2 s. one linen towel, value 1 d. two quilted petticoats, one pair of paste shoe-buckles, one pair of paste knee-buckles, and one garnet stone heart , the property of Alexander M'Cloud , March 28 . ++ Daniel Collins was indicted for this fact, (in May session last) together with the prisoner Bird, then not taken, to whose trial the reader is referred. See No. 313. Acquitted . 567. (M.) Robert Farrel was indicted for stealing two pair of cloth bodies for waistcoats, value 5 s. the property of Patrick Conolly , September 28 . ++ Patrick Conolly . I live in Cross-lane, Holbourn , and am a taylor . The prisoner worked along with me. I lost two pair of forebodies for waistcoats on the 28th of September. I suspected the prisoner. I charged him with taking them: he denied it. I took him before the justice: then he owned he had sold them to Mr. Tuck in White-Hart Yard. Gidion Tuck. I am a taylor and draper. I bought a pair of forebodies for a waistcoat of a man I never saw before. I saw the prisoner before Sir John Fielding . I cannot swear to him. But he acknowledged he sold them to me. (Produced in court, and deposed to.) Prisoner's Defence. The prosecutor knew me twenty years. What I sold this man were my property. James Camaron . I have known the prisoner six or seven years. I never heard but that he was an honest man. Guilty 10 d. W . 568. (L.) William Acten , otherwise John Hawkins , was indicted for stealing an iron saw, value 3 s . the property of James Johnson , September 15 . ++ James Johnson . I am a carpenter . I lost a saw from where I was at work in John-street in the Minories . On the 15th of September Mr. David Davison a pawnbroker by London-Wall, stopt it, and advertised it, and I went and owned it. (Produced, and deposed to.) William Purse . I am servant to Mr. David Davison . The prisoner having brought three saws to our house, I suspected him when he brought this. I stopped that and him. Prisoner's Defence. I did not take them myself, one of our trade did, and desired me to go and pawn them. Guilty 10 d. W . 569. (M.) Hannah, wife of George Knope was indicted for stealing three linen gowns, value 15 s. a silk cloak, value 7 s. a silk hat, value 2 s. a linen handkerchief, value 3 d. and a silk and cotton handkerchief, value 6 d. the property of Alice Pearce , widow , September 19 . + Alice Pearce . I live in Wheeler-street, Spitalfields . I lost the things in the indictment ( meaning them) on the 19th of September, out of a press in the prisoner's chamber. She was my servant . She and they were missing together. She was taken a few days after I went to her in Tothillfields Bridewell; she told me if I would come the Tuesday following. she would tell me where my things were: but she never let me know. William Lyn . I am brother to the prosecutrix. I got intelligence of the prisoner at the sutling houses in the Savoy. I saw the glympse of her red cloak. There were three soldiers hid her. I went to Sir John Fielding , got a warrant, and took her in Cross-street. The Saturday following I heard her declare she would tell where the things were; but she never did. Allen M'Parson. I belong to the guards. The prisoner took a boat and asked me to go with her to Greenwich. I went with her, and when I came back, she lent me this handkerchief. This was on the Thursday after she left her mistress. ( The handkerchief produced, and deposed to by the prosecutrix, as one that was missing with the other things.) Prisoner's Defence. My mistress came to me in Bridewell, and gave me money to make it up. I had this handkerchief in my pocket. and did not know of it: and this soldier twisted it out of my hand. Guilty . T . 570. (M.) John Cook was indicted for making an assault on Francis Burgoine , in a certain foot path near the king's high-way, and taking from his person four marine bed-curtains, a head cloth, tester and vallance, unmade, and two table-cloths, value 5 s. the property of John Webb , October 14 . + Francis Burgoine . Last Saturday night, about eight o'clock, I was knocked down in Hemlock-court . I had the things mentioned in the indictment in my hand. I er the bundlerfall. The prisoner came from behind me, and took the bundle up and ran away with it. I believe it was him that knocked me down, but being behind me, I could not see him. I called Stop thief! and he was brought back. John Webb . I live in Shire-lane, Temple-Bar. I am the owner of the goods. I sent Burgoine to the Calender to fetch them home. John Ward . I was coming out of a public-house, when this boy was crying a man had stole his bundle. I saw the prisoner before me with a bundle under his arm. I ran to him and asked him where he was going with that bundle; he said it was only a joak. I said, Joak or no joak, you shall carry it back. I brought him back to the boy. There was a crowd came about; then I left him. The boy said before the justice the prisoner was the person that knocked him down. Q. to Burgoine. Did you know the prisoner before? Burgoine. No, I did not. Albert Angell . I had been at the Crooked Billet, in Little Shire-lane. Somebody said, Pray gentlemen come out, a boy has been robbed. I went out and saw the boy standing. The prisoner was brought back. He took and laid the bundle on the boy's head, and said, Come along, come along, I know Mr. Webb very well. I took him by the collar and said, I know Mr. Webb, I'll carry you to him. I took him to his house, and he was not at home. The boy said before the justice he received a violent blow on the side, and he threw the bundle down, and had not power to take it up; and that he believed the prisoner was the person that hit him. Prisoner's Defence. I was going through the court; this bundle was lying in the high way: I took it up, and had been some time away. A gentleman came out of a public-house, and said a lad had lost a bundle. I sad, I did not know whether it was his or no. I went and gave it him. He said he had been struck. He said it might be by me; he did not know who it was. Prosecutor. The boy swore punctually no body followed him up the court but the prisoner, and that it was him that knocked him down. Guilty of stealing only . T . 571. (M.) George Wale was indicted for stealing a silver watch, value 20 s. a steel chain, value 6 d. and a stone seal, set in silver, value 2 s. the property of John Jones , September 14 . ++ Ambrose Tarrat . I live in Marybone, and am a lamp-lighter. On the 14th of last Month, between one and two in the day, I heard the cry of Stop thief! and saw a mob running. There was Mrs. Jones pursuing the prisoner. A gentleman catched the prisoner by the collar and held him. He was brought to Mr. Jones's house. I saw the prisoner take this watch out of his right-hand pocket and put it behind the door in a chair. (Produced in court.) John Jones . This is my watch. I was at work at the time when this happened: I did not know of it till the Saturday night. My wife, that could have given an account how the boy took it from where it hung, was here last night, and after she got home she miscarried, so she cannot attend. Prisoner's Defence. I never had the watch, nor never saw it. Guilty . T . 572. (M.) John Downs was indicted for shooting off a gun, loaded with gun-powder and a leaden bullet, at George Newton , in the dwelling-house of Ann Newin , Widow, October 7 . Acquitted . 573, 574. (M.) JOHN D'OYLE and John Valline were indicted for that they, with force and arms, feloniously did break into the house of Thomas Poor , with intent to cut and destroy a certain quantity of silk manufactory in a loom, and also with intent to cut and destroy a loom, with other tackle used in the weaving trade. It was laid for entering by force, and cutting and destroying a hundred yards of bombazeen, the property of Thomas Horton , in the dwelling house of Thomas Poor , August 7 . * The witnesses were examined apart. Thomas Poor . I did live in the parish of Shoreditch , and did keep seven looms of my own in my house. I was obliged to pay six-pence a week to these people the cutters for each loom, that is, three shillings and six-pence a week. I was ordered to send it to the house where they used, by which means I thought myself safe. About the beginning of August, I believe it was between the 7th and 9th, about half an hour after eleven at night, there came a great body of them to the door. I was in my bed. They rapped and tore at my door with a gross voice, You b - h of a w - e! You son of a w - e! Let us in, or we will cut down your door. My wife desired me to lie still, and said they would be more merciful to a woman than a man. She was obliged to open the door in her shift. They came in, and made a great noise. I got up after they got into the shop, and looked out of my chamber and heard the weight stones fall about the house. After they had done there, and was looking out, I saw a great number of them. I saw the two prisoners among them. They came and shook hands with my wife. I knew them before. The shop is thirty-six feet long. I saw them by the light of the window. I had no candle. That they would have put out first, if I had had one. Q. What had they in their hands? Poor. I saw nothing in their hands. When they went away, after they got down into the alley, they said, Are you all out? Then they fired a shot, and quitted the place. Then I struck a light and went into the shop. They had cut the cane. There was a piece of silk in the loom, they cut it, and cut the rest of the things; and bent the reed double, and twisted it like a worm. They destroyed the silk, and the tackling of the loom. I have gone to the committee at the Duke of Northumberland's Head where they held it. I did not see the prisoners there before. I have seen them at the committee since. I have been there three or four times, begging my life of them. Q. Can you fix upon any time when you went? Poor. No, I cannot. They came a second time, on the last day of August, and cut all my goods again. Q. Were the prisoners among them? Poor. I cannot tell whether they were or not. I was not at home then. Q. Did you at any time see any of the prisoners? Poor. I never was among them since the last day of August. I saw the two prisoners once in the committee house. When I went to beg my life, they would say, You dog, you scoundrel. These were in the tap-room, not in the committee-room. Q. Did you ever speak to the prisoners about the mischief done you? Poor. No, I never did. One night Valline was at the Pewter-platter, (that was after we were cut) and he desired to have the money given to him. I used to carry my money at six-pence a week, and I continued to pay it after I was cut. I said to Valline, You shall not have a penny of it. He offered to give me a receipt for it. After this mischief was done, we continued to dwell in the house by day, but very little by night. Q. What silk did they cut? Poor. It was a bombazeen cane. Q. What do you mean by a cane? Poor. That is a piece. A cane is the silk, put in the reed to work. There was about a yard of it made, which was all cut. Q. What do you mean by weight stones? Poor. They are to keep it tight. The reed is all steel. They cut that. Q. Whose property were the looms? Poor. They were my property. The silk was the property of Mr. Horton. Q. Had they your consent to destroy the looms? Poor. They had not. I knew nothing of their coming: I was in bed. Cross-Examination. Q. What time of the night was this injury done? Poor. I think it was about half an hour after eleven. Q. How many of them came in? Poor. There were I believe five or six of them. They went out one after another. I was in a great flurry, to be sure. Q. Were any of them masked? Poor. No, none, as I saw. I know the whole of the other people very well. I know their names. If they were to alter their voice, I should know them by their voice. I have known them these four years. We were forced to give money to them, in regard to the Defiance, as they called themselves. Q. Did you see neither of the prisoners up in the committee-room? Poor. No. Q. When did you make information in regard to these people? Poor. Three weeks ago. Q. How came you not to make it sooner? Poor. If I had, I should have been in danger of being shot like a dog in the street. Mary Poor . I am wife to Thomas Poor . In the month of August, I cannot tell the day of the month; I remember the night very well; I live up in a long alley; we were between sleeping and waking, and my husband said, Here are the cutters. I said, Make your self easy. I was told they would not meddle with me, and they might hurt him. They came to the door and cut at it with their swords, or what they had in their hands. They were cutting and hacking. I got up, and said, Gentlemen, don't cut the door; let me put my petticoat on, and I'll let you in. They still kept cutting. I went and opened the door. The first man that entered my door was John D'Oyle , with a pistol in one hand, and a sword in the other. There were seven of them came in. I pushed the sword from my stomach, that D'Oyle held. The other went up to the room. They said, Get out, you old w - e; get out of the shop. I said, You know I know you all very well, I will not go out. I was in my shift all the time. Valline cut the work, the property of Mr. Horton; and D'Oyle had a pistol standing along side me at the time. D'Oyle was a neighbour of mine; he lived within three doors of me. I said to Valline, You are known in this alley, why do you come here? I am sure they were there, as I am sure I am alive. Valline came into my own bed-chamber, and shook hands with me. He asked for Mr. Horton's shoot. I said I had none (this was at their first coming). They said I lied, like an old w - e. Q. What is the shoot? M. Poor. That is the bombazeen; what they put in the shuttle. I was obliged to comply. I would have taken my shift off and given it them, if that would appease them. William Poor . I am son to Thomas Poor . I live with my father, and lie in the shop. There were seven looms in the shop. One night, about the beginning of August, (we hear since it was the 9th) I was in bed when they came into the shop: there came John D'Oyle , John Valline , and four more. John Valline was the man that cut down the work, and John D'Oyle had a sword and a pistol in his hands: he held them to my mother's breast. One of the men went to the loom my father works in, and asked whose work that was. I said, Do not cut that, it is Mr. Campion's. It was bombazeen. They destroyed the tackling and work. Q. How long have you known the prisoners? Poor. I have known them three or four years. Q. Did you see them afterwards? Poor. I saw them the next day, and after that I and some constables went and took Valline at Highgate; (he is a militia man,) he had soldiers clothes on. I knew him then, though in a different dress, and told the constables that he was the man. They came again the last of August, at night. I saw John D'Oyle among them. I cannot say I saw Valline. They then destroyed all the utensils, and all the household goods and shuttles. One of them was going to cut me, but I cried out for mercy. My father and mother were not at home then. There was John Davis then lying in the bed with me. Cross-Examination. Q. Was John Davis in bed with you the 9th of August? Poor. No, he was not. D'Oyle's defence. This woman knew me, and had seen me often the very afternoon before I was taken. I met that wicked woman, and a man stopped me to tell me she had served a warrant upon a relation or friend of her's. I then did say a b - h of a w - e. She heard me. She began to call us a parcel of thieves, robbers, and cutters. I took a warrant for her, and had her before the justice. She wanted a warrant against me, but the justice would not grant one. I never was in her house before I was taken up, neither was I there with this man that night, (meaning Valline). He was a tenant of mine. I am in the whole silk way. I had worked for no body for four weeks. When the justice committed me, he said he believed she was a bad woman, for he had her here too often. If I was to be out of wor twelve months, I could live by my wife's business. She is a hair-sieve-maker. Valline's defence. Poor said I offered to give him a receipt at the Pewter-Platter for the money, and I can neither write nor read. She has said I got three or four guineas, by cutting. If that was true, I never should have gone for a militia man. I entered the 14th of April last. I can give an account how I get my living. I worked for Mr. Ham. I got between fifteen and sixteen shillings a week. The militia were drawn out the 19th of September last. I have had thirty-eight shillings and six-pence of my sister since I have been out of work. For the Prisoners. Thomas Riley . I was in bed at Mr. Poor's shop, where the looms are, on the 8th of August. I heard people come in. I did not see them. I covered myself up with the bed-clothes, fearing they would do me an injury. In about a quarter of an hour after they were gone, I saw it was impossible for me or any body else to distinguish any man, it was so dark. Q. Had you been asleep? Riley. No, I had not. Counsel. Mr. Poor said he could distinguish them from his room door. Riley. I could not do it that was in the shop. In the shop there is a window five yards long. Cross-Examination. Q. How long have you known the two prisoners? Riley. I have seen both the gentlemen, but my acquaintance with them is but slender. I have known Valline about four months. I have not been much longer from Ireland. Q. Why could you not perceive them? Riley. Because I did not make it my business. Q. Did you hear stones fall from the looms? Riley. Upon my word I do not remember any thing in particular. There were a great many bricks made use of instead of stones. Q. Did you hear Mrs. Poor's voice? Riley. I know it extraordinary well. I heard it that night before she came out of her own room, and I heard her when in the shop. She was close to my bed. Q. What did you hear her say that night? Riley. She said, Wait a little, and you shall have admittance; so she got up in her shift, and opened the door, and they came in. They asked if there was any work of Mr. Horton's in the house; she said there is one loom, which was just at the door they came in at. They went to the other side, and stood by another loom and asked whose work that was; she replied it was Thompson's. Then they said they would cut none of Thompson's work that night. A man then past me, and went to a loom where her husband worked, and said, Whose work is this? The woman was storied: I suppose she wanted to say some other master; but the little boy being rather wittier than she, said it was Champion's. They said they would cut none of Champion's work that night Q. Did you hear her desire mercy? Riley. I heard her say a great many things, which I cannot recollect. I am lately come out of a fit of illness, and am deprived of a great part of my memory. Q. Did you hear her say anything about putting in her petticoat? Riley. I do not recollect it. I am sure and certain she did not call any body there by the name of D'Oyle, she mentioned the name of a man that put his arm round her, and wanted a kiss. Q. Did not you hear D'Oyle's voice? Riley. I do not know the voice of D'Oyle. I believe I could distinguish Valline's voice in company. I could not distinguish any body's voice that night, upon the virtue of my oath. I had no suspicion of either of the prisoners? Q. Did you see D'Oyle before this happened? Riley. I did. Q. Was you at any of the committees at the Duk of Northumberland's Head? Riley. I have no connections with them. I never heard Mrs. Poor mention D'Oyle's name, either before or after. The work that was cut was M. Horton's. Q. Did you know any that were there? Riley. Upon the virtue of my oath, I know none of them. Q. Did you ever hear Mrs. Poor mention Valline's name? Riley. I have heard her say that gentleman did belong to them, but not that he cut the work in her apartment. Q. What did she mean by belonging to them? Riley. She might mean that he transacted in both businesses, that is, cutting, and the committee also. Dennis Donavan . I have heard Mrs. Poor talk of this transaction. I heard her say she knew the men in particular, but did not hear her say who they were. I never heard her mention the name D'Oyle. She said there were some of her friends there, and no body there that would hurt her. Cross-Examination. Q. Where do you live? Donavan. I lodge in Poor's house. This thing was transacted on the 8th of August, and she remained in her house till the 31st, when she told me in the afternoon she was going to Limehouse, and would leave the journeymen to take care of the house. Some people came and broke some chairs and things in the house that night. Q. Was you in the house when they came? Donavan. No, I was not. John Porter . Valline served his time to me; he behaved middling. He used to work very hard while with me. He has left me about four years. Q. Did you attend this committee? Potter. No. I never did. Thomas Foot . I have known Valline almost twelve months. He has a very good character. Q. Who did he work with last summer? Foot. I cannot tell. The time he worked with me, he had his goods cut and destroyed; but I was in bed and asleep. That was the 28th of June was twelvemonths. Mary Barnet Valline is my brother. He is a weaver, a hard-working man, and has a good character. James Martin . I have known Valline eight or nine months. When he had work, he used to work. He has a good character. Grace Curtain . At the time Mrs. Poor and her husband were at Limehouse, she said if her goods were broke, she would have life. She said my goods were broke, and desired me to come home and swear as well as herself; but when I came home, my goods were not broke. Q. How came you to go to Limehouse? G. Curtain. She persuaded me to go. I have known Valline about five years, I never knew any ill of him. As for D'Oyle, I never saw him but three or four times. John Davis . I cannot say I knew either of the prisoners. The night Mr. Poor's things were broke, the 31st of August, I was asleep in bed with the son. I heard a great noise, I covered up my head, and never saw any body. For the Prosecution. Peter Traquan . I am a weaver, and live in Crispin-street, Spitalfields. Q. What are the characters of the prisoners at the bar? Traquan. I have heard D'Oyle was one of the cutters. I never heard that he was a working, industrious man. As to Valline, he is certainly riotous. Mr. Dumoissur. I know Valline. His general character is that of a rioter. John Chavuet . I know Valline. He is of a riotous disposition. Both guilty . Death . 575. (M.) Christopher Lewis was indicted for stealing a pair of sheets, value 10 s. a blanket, value 6 d. a rug, value 6 d. and a bed curtain, value 1 s. the property of William Hunt , in a certain lodging room lett by contract , &c. September 26 . * William Hunt . I live facing Southampton-street, in Holborn . I let the prisoner a ready-furnished lodging in my fore-garret. My wife told me I was robbed of things in the prisoner's room. I went and looked, and missed the things mentioned in the indictment. I went to the pawnbroker, where I understood he used, and found some of the things. When the prisoner came home, I took him up: he acknowledged he pawned the sheets for 8 s. and that he sold the bed curtains out-right; and that he had pawned the blanket and rug. John Brooks , a pawnbroker's servant, produced the blanket, rug, and curtain, pawned by the prisoner, which Ann Hunt , wife to the prosecutor, deposed to. Prisoner's Defence. I was going into business, and the next week I should have taken them all out of pawn again. Guilty . T . 576.(L.) Francis Phinnick was indicted for stealing a pair of leather shoes, value 3 s. the property of Thomas Wooley , Oct. 16 . ++ Thomas Wooley . I live in Fox-court, Brook-street, and am a shoemaker . On Monday evening I was coming down Fleet-street , when a woman was in fits at the door of Mr. Parker's. I stopped to look among other people, and in the mean time I felt something at my pocket. I turned round, and saw the prisoner with a pair of shoes in his hand, which I had in my pocket just before. I seized him; he made an attempt to get away; I took him down to a fishmonger's shop, and a constable came and took him down to Bridewell. James Andrews . I was coming down Fleet-street, and saw the prosecutor have the prisoner by the collar. I took him in charge. (The shoes produced, and deposed to.) Prisoner's Defence. I was going along, and saw a pair of shoes on the ground. I took them up. I live at the back of St. Clement's, at Mr. Watson's. Guilty . T . 577, 578, 579, 580. (M.) John Bagnell , Peter Graham , John Wood , and Shepherd Struton , were indicted for breaking and entering the dwelling house of John Cockran , with intent the goods of the said John to steal , September 15 . + At the request of the prisoners the evidences were examined apart. John Cockran . I live at the corner of Wells-street, Oxford-road . On the 15th of September, about three in the morning, the watchman called me up, and said there were thieves breaking into my house. I came down with a poker in my hand. I found the sash wide open, but cannot tell whether it was fast over night, tho' I am positive sure the door was shut when we went to bed. I stood sentinel till he got assistance. After the prisoners were secured, I went down into the area. I found they had forced the sash of the door in the wash-house that looks into the area. I found a two-inch chissel lying about three feet within the wash-house. I went round to the fore-part of the area, and there I found the hinges of the outside shutter wrenched off, but the window-shutter on the inside they had not got open. William Vaughan . I am a watchman. I was going my rounds, about a quarter after two that night, and saw a fire. I went to alarm the turncock. I also saw these four men that are at the bar. I past them, and went up Wells-street. I saw them all look at me. I then went to my watch-box. After that I went again, to see if I could see them. I perceived two of them. I laid my head down against the kerb of some rails, and saw two go down the prosecutor's area. I saw Wood, but not down, for he seeing me when I was coming, he went round, and returned back again. I went, and took hold of him. He asked me what I wanted with him. He said he was going to see the fire. I asked him where his companions were. I brought him towards Mr. Cockran's, and there came Peter Asten to my assistance. I gave Wood into his charge, while I went for other assistance. But I was afraid he would get away, for then the rest might get away also. Then I went back, and put him down among the rest in the area. I then went and rung my rattle, and more assistance came. Then I alarmed with my staff at Mr. Cockran's window-shutters, he came down, and we took the four prisoners, one at a time, as they came up. I saw none of them any farther than the area. There was a window I found open, which was not open when the servants went to bed. We could see fresh feet marks in the wash-house, but know not by whom made, and there was a door betwixt the wash-house and the house, so that they could get no farther; then they made to the right side of the house, and had drawn out the nails of the hinges of the shutter. Q. from a prisoner. How much money has Mr. Cockran given you to swear our lives away? Vaughan. He gave me nothing at all for that; for my care he gave me 2 s. that night, and has given me a guinea since. Mr. Cockran. I have got two or three more guineas for him, and he shall have them for his diligence. As there was no proof of their entering, they were all three acquitted . See three of them tried, and the fourth, Graham, an evidence against them, No. 486, 487, 488, in last session paper. 581, 582, 583. (M.) George Crowder , William Clark , and John Simmonds , were indicted for breaking and entering the dwelling-house of John Risbrough , on the 31st of August , about the hour of three in the night, and stealing four linen shifts, value 10 s. two muslin aprons, two pair of muslin ruffles, and one black silk handkerchief, the property of Elizabeth Risbrough , spinster , in the dwelling-house of the said John . * John Risbrough . I am a victualler . I live at Hoxton . Between the 31st of August, and the first of September, my house was broke open. The window-shutter was forced on the outside, and the sash-window was open. We went to bed between nine and ten that night. That part that was broke open, I generally fasten as soon as it is dark. The goods taken away were the property of my daughter. We got a search-warrant from my lord mayor, and part of the things were found again in Chick-lane and Field-lane. Elizabeth Risbrough . I am daughter to John Risbrough . On the first of September, in the morning, we went into the parlour about nine, and found the sash up. I mist some ruffles, four shifts, three or four aprons, and some sleeves, more than I have found again. The prisoners were taken in another robbery, about a fortnight after, and we found some of the things again in Chick-lane and Field-lane. I know nothing against the prisoner, any further than what the evidence, Ashbeshaw, has said. Sarah Ashbeshaw . I keep a lodging-house in Rosemary-lane. The three prisoners came and knocked at my door on the first of September, about three in the morning. They said they had a parcel of things. At that time I did not know how they came by them. They sold them to me. I buy and sell old clothes; there were muslin aprons, handkerchiefs, caps, shifts, and shift sleeves. I sold some to Mrs. Carpenter in Field-lane. (A cap, a worked apron, a plain muslin apron, four shifts, a white sarcenet handkerchief, a gawse-handkerchief and ruffles, two pair of shift sleeves, a parcel of shift sleeves rough dried, and a worked handkerchief, produced in court, and deposed to by Elizabeth Risbrough :) I also sold some in Chick-lane, to a woman that keeps a clothes-shop. I heard Crowder and Simmonds afterward say they broke the house of Mr. Risbrough in the night, and took the things. I was taken into custody. Then I gave evidence before Sir John Fielding , on the things being found, upon searching. Alice Conningham . I saw the last witness give the three prisoners 30 s. for the things, and they gave her a shilling back again. I lodge in her house. Q. Did you hear them say how they came by them? A. Conningham. No, I did not. Richard Smith . I was coming by Whitechapel when Crowder was in the watch-house. I asked him how he came there; he said he did not fear, for he should be made an evidence of. He desired me to take Clark: then he directed me to the other, and said I should find him upon Salt- Peter Bank , with a silver laced hat on. Going along, I found Ashbeshaw with a hat pinned under her apron. I asked her where she had it, she said she bought it of a sailor. When I took Clark, he said it was not him that took the things, it was Simmonds the sailor. There was a warrant granted to search the house of Carpenter, and another woman's, at the corner of Chick-lane. I found some of these things at one house, and some at the other. Crowder's Defence. I never saw the woman Ashbeshaw, nor the last evidence, in my life, till I saw them before Sir John Fielding . I have not been long come from Greenland. Clark's Defence. I never saw this woman before with my eyes. I have not been long from sea. I lodge in Bell-alley. Simmond's Defence. I have not been long from sea. I lodge at my father's in Peter-street. George Brown , who had known Crowder from his birth, but had not heard of him from the time he went to sea, which was a year ago, till the day before he was tried. Elizabeth Hottoway , who had known Clark twelve years, Ann Darby six or seven, Ann Harding twelve, and Samuel Woodward four years; all said they never heard any ill of him, and that he was about fourteen or fifteen years of age. All three guilty . Death . There were two other indictments against Crowder and Simmonds for a burglary. 584. (M.) Martha Darlow , spinster , otherwise Martha Tomlin , widow , was indicted for stealing three linen aprons, value 18 d. one dimitty waistcoat, value 12 d. three linen handkerchiefs, value 6 d. a woman's silk gown, a linen gown, three pair of stockings, four silver table-spoons, six silver tea-spoons, and two linen shirts , the property of Thomas Andrews , October 9 . * Thomas Andrews . I am an apothecary , and live at Charing-Cross . The prisoner was my servant . She lived with me a fortnight. Last Tuesday se'nnight she got up about a quarter after six, and after she had been up three quarters of an hour we mist her. There were two shirts of mine, and other things, missing. I went to the people where she lived before; she came to me from Windmill-street; and the woman there said she lived with her but three weeks, and had taken things there. Her husband, when he came, could give us no information of her. I came home, and found there were were four table-spoons and some tea-spoons missing, I had information she might be at Hammersmith, with a man that went for her husband. I went there, but heard nothing of her; but coming home, I met her between Kensington and Knightsbridge with two bundles under her arm, and one of the gowns on her back. I got assistance, and took her to the Brown Cow , a public house. I brought her to town. I think she had three pair of my silk stockings in a handkerchief. A green silk gown, and another gown of my sister's, I found upon a duplicate of a pawnbroker, where she had pawned the spoons. (Most of the things produced and deposed to. The pawnbroker was in court, but it not bring laid capital, he was not called.) Prisoner's Defence. I cannot tell how I came by the things. I intended to carry them back again. Guilty . T . 585. (M.) Joseph Johnson was indicted for stealing a silver watch, value 3 l. the property of James Bowrey , privately from the person of the said James , September 20 . + James Bowrey . I was on Westminster-Bridge the 20th of last month. Mr. Ferguson was with me. An acquaintance of mine met us, and took us to the Blue Boar's Head, King-street, Westminster. There was the prisoner, two serjeants, and two other soldiers. We joined company, and had four or five pots of bear. We came out, and went to go to a tavern over the bridge. I sat down on the bridge. Johnson came up, and stood before me. Ferguson was with me. Johnson snatched my watch out of my fob, and away he ran. I ran after him, but lost sight of him; Ferguson and I went after him, and found him at the Blue Boar's Head. He was taken to the Round-House: he denied being on Westminster-Bridge. I was sober. Thomas Ferguson . I saw the prisoner with the prosecutor on Westminster-Bridge, and saw him run away. The prosecutor ran after him, but he falling down, came back again, and said the prisoner had got his watch. I asked the prisoner, when he had denied taking the watch, why he ran. He said he ran to go to his serjeant. Prisoner's Defence. He said he had lost his watch on London-Bridge, when he was asleep, then he said Westminster-Bridge. I was taken up and acquitted of it. Then they came and took me up again. Ferguson. After he was acquitted, the captain was to see him forth coming, if any thing appeared farther against him. After that the captain said he believed he was guilty, and he was taken up again. Guilty of stealing, but not privately from his person . T . 585. (M.) Jane Davis was indicted for stealing a small looking-glass, value 12 d. a pair of stays, value 5 s. a woman's linen gown, value 2 s. 6 d. a silk gown, value 5 s. a dimitty petticoat, value 12 d. a linen apron, value 2 s. a handkerchief, two shifts, two linen caps, two pair of thread stockings, a pair of pockets, a pair of leather mittins, two silver rims for buckles, a check linen apron, and a pair of damask shoes , the property of Ann Hunt , widow , September 16 . ++ Ann Hunt . I live in King-street, Westminster . The prisoner lodged with me five weeks. She left me the 12th of September. I had given her warning to go away, and I mist the things laid in the indictment, the Saturday after she was gone, out of my drawers; some in one room, and some in another. I went and found her in Swallow-street, at Mrs. Barber's. There I found all my things in a box in her room. Hannah Barber , Robert Twitcher , and Mrs. Haylock, deposed to seeing the goods found. (Produced, and deposed to.) Guilty . T . 586. (M.) William Troy was indicted for robbing Henry Tomlinson , in a certain field near the king's high-way, of a silver watch, and steel chain, a quarter guinea, and 18 d. in money numbered, the property of the said Henry, against his will , September 18 . ++ Henry Tomlinson . I am coachman to Mr. Russel in Crutchet Friars. His country house is at Hackney. I was returning on the 18th of last month from town on foot. Shoreditch clock struck eight as I past it. I left the road facing the Nag's Head, and went over the field. The moon shone that night exceeding bright. I was upon a full run, when I was met by the prisoner in London-fields , who clapped hold of my collar, and put a pistol to my breast, and said I must deliver what I had, or I was a dead man. There was another man in company with him; he had a piece of black silk, or crape, over his face. I delivered to the prisoner eighteen-pence. I told him I was but a servant, and had not a great deal of money. The other man discovered my watch; he said I had a watch. The prisoner took it out of my pocket. I held up my waistcoat, to give him room to get it out, as there was a button to my breeches. He said if I made any resistance, he would blow my brains out. He took also a five-and-three-penny piece from me. When they left me, I believe I gave notice to about a dozen of the patrol upon the road of them. I got home about nine o'clock. I went next day to Sir John Fielding , and had my watch advertised. The Saturday following the prisoner was taken. I saw him in a room at the Brown Bear , among I between thirty people. I was asked if I knew any body there. I pitched on the prisoner, and said he was the man that robbed me. I swore to him. He said he was in bed at the time, and sent for a woman to prove it. She declared the contrary. Then the justice committed him for further examination. I was there again on the Wednesday. Then he said he was in company with some soldiers. The soldiers were sent for, but could not be found. Sir John Fielding ordered me to attend on the Friday, on a third examination: the soldiers were not then found, and whether they were found or not, I never heard. Then I was bound over to prosecute. I never got my watch again. As the other man was disguised, I kept my eyes full upon the prisoner, and I described him so clear; a brown coat, a hat cocked, white stockings, yellow buckles, and his shoes buckled pretty high up; a tall man, and stoops in his shoulders; Sir John Fielding said he knew him. William Jones . I was sent to take the prisoner for another offence; but as that prosecutor did not appear, and looking in the examination book, we found the prisoner described by this prosecutor, he was sent for to the Brown Bear . There were twenty or thirty people together in the room, but he pointed to the prisoner, and said, That is the man that robbed me. Prisoner's Defence. I am as innocent as a child unborn. The justice asked me where I lay that night, I said in Jackson's Alley. The maid was sent for, and she took her oath that I did lie there that night, and was in bed by ten o'clock. Court. Then you have that evidence here now? Prisoner. She is not here. Guilty . Death . See him an evidence last session against Godwin, capitally convicted. 587, 588, 589. (M.) Peter Perrin , John Read , and Cornelius Cavalier , were indicted for feloniously breaking and entering by force the dwelling-house of John Clare , with intent to destroy four certain instruments called looms, and other instruments and tackle, made use of in making velvets, silks, &c. There was also another count for destroying four looms, January 4, 1768 . ++ Robert Cross . I am a fancy weaver. The house of Mr. Clare is at Stepney . He is also a fancy weaver . I went with the three prisoners to his house last Christmas was twelve months, about ten at night. They came to me; the gentleman's daughter where I lodge let them in; and they demanded me to open my door. I told them I would not. They then began to swear, and said if I would not, They would break it open. This was Cavalier that blasted and swore he would break it open. They insisted upon my going along with them. I went with them, to a place called Long Alley, to meet Perrin. Then we had a pot or two all together. We staid there about a quarter of an hour; then we went all four to John Clare 's house and knocked at the door. The daughter looked out at the window, and asked who was there; we said, Open the door; come in a minute. She did, and opened the door. We insisted upon knowing where the looms were; she went up and shewed us. We broke them, and destroyed the work in them. There was silk and incle in the looms; three or four looms. Peter Perrin and I broke them; the others were in the house. They might be upon the stairs. It was agreed by the prisoners and myself to cut the looms in that house that night. The looms were in an upper room. Then we came down into a lower room. Cornelius Cavalier had a pistol. It was near morning when we had done. I never saw such a light night in my life; there was so much snow on the ground. Cross-Examination. Q. Who knocked at the door? Cross. I cannot tell. Q. Who went in first? Cross. We all rushed in together. We desired the daughter to show us the looms, and she made no resistance. I found the others in the kitchen when I came down; they were destroying the chinia and other things about the room. Q. What is silk and incle? Cross. That is trimmings for cardinals. There was incle shot in with the silk. I was taken up on suspicion of cutting another person's work, and then I gave information of this. Martha Clare . My husband is a weaver; he lives at Darking, but in January, 1768, we lived at Stepney. On the 4th of January we were in bed when the cutters came. I did not get out of my bed. My husband had four looms in the house; the cutters went into the room, and cut the four looms to pieces. I saw two of the men upon the stairs; they spoke to me: he that is called captain came into my bed-chamber, and demanded my money. Perrin came up with them. I saw Cavalier and Read upon the stairs. I knew them before. Read taught my husband and daughter the weaving business. There was no work in any of the looms; after it had been cut out the first time, we used, as soon as a piece was made, to take it out. There was no trimming work in the looms. I do not know but there was trimming work lying in the room. They totally destroyed the four looms. Cross-Examination. Q. When did you make information of this? M. Clare. I did not till the first witness made information of it before Sir John Fielding . It was a moon-shiny morning. I saw Perrin on the stairs. I do not know how many there were. I do not know who the captain was, but they called him captain. M. Clare the younger. My father is a weaver. I know the prisoners at the bar. In the beginning of January, 1768, about one in the morning, on the 4th, they came to my father's house at Stepney, and knocked at the door; I went out of my bed in my shift and opened the casement, and asked who was there; they asked for Mr. Clare, and told me to come down and open the door, or they would blow my brains out. I said to my mother, There are some cutters come to destroy us again, (my father was in the country.) I told them I would come down, as soon as I had put my clothes on. They said they would fire at the window directly, if I did not come down immediately. I went and opened the door: one of them took hold of my hand, and desired me to lead him to the shop door. I did, and told him there was the shop, and every thing belonging to the weaving trade. I begged of them to spare my life, and my mother and children. They asked where my father was; I said in the country. Perrin knocked at the chamber door; he said, Open the door directly. They wanted a knife. I went down on my knees, and begged my life. They said they did not want my life, they wanted a knife. I said I must go down two pair of stairs for one. They said, if I went directly, I should not be hurt. I went down. The moon shone very bright, and it was a very deep snow. They had no other light with them. I turned round at the door, thinking I should know some of them. I went to the table-drawer, and took out a knife. They snatched it from me. I then asked if I might go up stairs; they said, Not till they pleased. I could not tell what to do. I stood at one corner of the room till they ordered me to go up. It was very cold. I asked them if I might go up to bed; they said, Yes. I saw Perrin and another in the shop, cutting the looms to pieces. Cavalier was below stairs, and who else I do not know. I cannot tell who the other persons were. I went up stairs, and walked about the room. They came up stairs, and knocked at the door again. I asked what they wanted? They said they wanted money. Who that was, I cannot say. They said they must have something to drink. One came into the bed-room, and said, Mrs. Clare, I must have some money to drink your health. My mother said, How can you expect any money, when you distress me in this manner? I said, Mother you have a shilling in your pocket, let me give them that. I gave it into a man's hand. I do not know who he was. I said, Here is all we have in the world, except three farthings. The man said, I am sorry for it, a good morning to you, and down stairs they went. They called when they were out at the window for me to come down, to come and take my father's books and writings that they had thrown into the snow. I said I could come and fetch them when they were gone. They kept making a noise, and staid about an hour; They made me come down. As I came down I saw a man. I called to them to take that man to them. The man that asked for the shilling said, if it was not true, he would blow my brains out. Every thing was broke in the house like an earthen-ware shop. I believe they had a guard at the door at the time. They cut all the four looms, and every thing, all to pieces, and took some things away. There was no silk in the looms, neither were any silk trimmings cut. Perrin's Defence. I never went into a house to wrong a man in all my life. To his character. Mary Price . Perrin has a very good character, for what I know. He worked with me six months and upwards. Mary Hare . Perrin was a lodger of mine. He kept good hours, and has a good character, for whatever I heard. Mr. Garnet. I have known him about seven years. He has a good character. Edward Lion . I live in Jewin-street. I have known him eight or ten years. He is a hardworking, honest man. Elizabeth Wight . I have known him between six and seven years. He is an honest, hard-working man. Perrin guilty . Death . Read and Cavalier acquitted . See Perrin tried before, No. 403, in Mr. Alderman Harley's Mayoralty. They were a second time indicted for stealing and entering by force the dwelling-house of Robert Saunders , and destroying silk manufactures therein . No evidence was given. All three acquitted . 590. (L.) Samuel Mitchel was indicted for stealing three shirts, value 15 s. and two pair of cotton stockings, value 2 s. the property of John Barr , September 17 . ++ Elizabeth Barr . I am wife to John Barr . We live at No. 36, in the Little Old-Bailey . On the 17th of last month the prisoner came to my house. I left him in the house alone, while I went to Snow-Hill on an errand. I was absent not a quarter of an hour. When I returned, he met me on the top of the stairs, and said he must go, and away he went. I went to iron three shirts in the morning, and found them gone, and two pair of cotton stockings. The next morning he was taken up, and confessed two of the shirts and one pair of stockings were at his mother's. When I came there, there was only one shirt and one pair of stockings. He had one shirt on when taken. (Two shirts and one pair of stockings produced in court, and deposed to.) He served four years of his time with my husband. Ann Green. The prisoner gave me one shirt and one pair of stockings out of his pocket in Wood-street Compter. Prisoner's Defence. I went there to supper. When she was gone out, being much in liquor, I took a cloth. I did not know what was in it. I went to carry them again on the Monday morning, and they were not up. Then I thought to carry them in the evening, and before that they took me up. Guilty . T . See him tried last session, by the name of Mashfield, otherwise Mitchel. No. 534. 591. (L.) Elizabeth Bradshaw , spinster , was indicted for stealing a silk purse, value 2 d. one guinea, one half guinea, and nine shillings, in money numbered , the property of John Lang , October 11 . ++ John Lang . I am a seaman , and live at Whitby in Yorkshire. On Wednesday se'nnight, between seven and eight at night, I was going into a public-house, at the lower end of the Minories , to get a pot of beer with two or three acquaintances. There were the prisoner and another girl sitting. I went out to make water, and they followed me. They had seen me change a guinea in the house. I put my change in my waistcoat pocket. They began to hussel me up, and make love to me, and cuddle me about; in the mean time the girl at the bar picked my money out of my pocket. I saw her as she was taking it away, and felt her hand in my pocket. She got it out. I grappled about her, to see if I could find it. She gave it to the other girl, and she put it in her mouth; but I took and squeezed most of it out again. I got a guinea and nine shillings in silver again. I brought the prisoner into the public-house, and got a constable and secured her. Q. What money had you? Lang. I had a guinea and a half, and nine shillings in silver, in a silk purse. I saw the other girl take it out of the purse, and put it into her mouth. This was a good creditable house I had been in. Richard Snayton , I and others went into the house with the prosecutor. He went out, and the girls followed him. Soon after he brought the prisoner in, and left her in my care till he got a constable. William Oakley . I was the constable. In searching the prisoner, I found a silver watch concealed in her stocking, near her shoe; it was going, and near the time about eight o'clock. She said a man gave it her for lying with her. Prisoner's Defence. We went into that house to have a pint of beer, and there came three men in. This man forced his discourse to a little girl that sat by me. He went out, and she followed him. She asked me to go with her. He lay with her. I stood about ten yards distant. After that he said he was robbed by that girl, and he squeezed the money out of her mouth. I never set eyes on the money. Guilty . T . 592. (L.) Samuel Scholar , otherwise Scott , was indicted for stealing four guineas and seven half guineas, the property of Francis Ellison , in the dwelling-house of Francis Marshall , widow, Oct. 5 . ++ Francis Ellison . I belong to the printing office at Chelmsford. I come up every Wednesday, and go down every Thursday, for news. I was coming from Whitechapel, on the 5th of October, instant, to go to Mr. Bedford's, in St. Paul's church-yard. I met with a man in Cheapside; he said, Pray what part of the country do you come from? I said, Why do you ask? He said, he had an uncle, that lived in London, who had a servant gone away who had stole a mare, and he would be very glad of a person that would carry bills into the country of the mare. I gave but little heed to it. He asked me where I was going; I said but a little farther, to Mr. Bedford's, in St. Paul's alley, by the church yard. He said, I'll go along with you. He went with me, and called for a pint of purl. When I had delivered up my bags, I asked him where his uncle lived; he said he often was in Smithfield, and there was a house he used near there, and perhaps we might meet with him there. I went at his desire with him into Smithfield, then through a little place to the sign of the Blue Coat Boy. He looked at the dial, and said, It is very often about this time he comes into this house. I saw nobody at all. He ordered a pint of purl, and it was brought in. I do not know whether we had drank or no, when in came a man dressed in black. He seemed to be in liquor. Then in a minute in came another man. They began discoursing with each other. They talked of some fray the man that seemed to be in liquor had been in. Sir, said the man to one of the others, I am obliged to you for bringing me here, and taking care of me, will you please to drink any thing? What you desire to drink, you shall have. They were saying, this man that was in liquor had a man took him in for 10 l. I think they said it was by a butcher. Then the man that was with me asked him which way it was done; they said it was in this, that he could not name three things. The man with me replied to him, No, nor no more can you, and he would lay him a shilling he could not. They laid, he won the shilling. Then the man that appeared drunk pulled out a large purse, and said, Though I have been taken in, I have got so much left still, and I have so much more to receive. The man along with me wanted me to go his halves, or to lend him some money. I told him I would have no concern in it at all. I wanted to go away; I put my hand into my pocket, to take out some halfpence, to pay for the beer. My gold was wrapped up in paper. I could not get my half-pence out, without taking that out. The man said, D - n it, you said you had got no money. You have plenty of money. (There were four guineas, and four half guineas in one paper, and three half guineas in another, all wrapped up in one paper.) I got up directly, and said I want to know the reason why he took it out of my hand; he said, D - n you, hold your tongue; I'll double your money; you shall not lose your money. I said, Don't pretend to take it; I'll have my money. I'll have nothing to do to play. The others went on in the scheme they were about; they past my money over from one to the other. The time I was talking to him, he delivered it to one of the others, and he got it in his hat, and before I could say a very few words, they said it was lost. It was received by the prisoner. I saw it in his hands last, and there was one half guinea found upon him that I swore to. The prisoner is the man that was in black, and who seemed to be fuddled. At the time I was disputing with him for it, the other men got away. I called for help. I believe a woman came to the door first; after some time a constable came. Just before the constable came to the door, the prisoner did not know what to do with his purse that he had in his pocket. I saw him conceal it under the seat where he sat. I said to the constable, He has a purse concealed under such a place, see what it is. The prisoner hearing me say so, took up the purse, and put it in his pocket. He was asked whose purse it was; he said it was his own. Before he went out of the house, he asked leave to go to the necessary house. The constable let him. We did not miss the purse till we came before my lord mayor. We found upon him three half guineas, and two watches. The constable was ordered to go to search the necessary. I went with him. We found in it a purse; we counted the pieces. They were all yellow counters. He pretended to be a captain, and said he had taken some money on board a ship. When the prisoner took my money out of the hat, there were something fell on the floor, but I was in such confusion, I do not know what it was. Q. Who took the money out of your hand? Ellison. The person that went in with me. Q. How long from the time he took it out of your hand to the time they said it was lost? Ellison. I do not know that it was a minute. There were four people met me at a house where I used, and offered me my money again, and to pay the 20 l. that I am bound in to appear here, if I would not prosecute. Acquitted . He was detained to be tried for a fraud at Hicks's-hall, but the prosecutor went into the country without finding the bill. See No. 22, in this mayoralty. 593. (M.) George Seymour Halford was indicted for forging and publishing a counterfeit po missory note, purporting to be value of 10 l. with intent to defraud Thomas Watson , October 6 . ++ Thomas Watson . I am a victualler , and live in Little Windmill-street. On the 6th of this month the prisoner came to my house, I believe a little before eight in the evening; he called me into the passage, and desired me to light a fire and show him a room for two young women that he was going to treat. One he said was a lady's maid. I lighted a fire. They went up and had some oysters and some cheese, and about one o'clock, when all my company were gone, I wanted to go to bed. I went to him, and wanted him to pay and go. He insisted on having more punch, and insisted much on my drinking. (I suppose to make me drunk.) I told him I did not chuse to drink any more, or make any more punch. He much insisted much upon it, so I did make a shilling's worth. After that he would have some shrub. Some time before that he wanted me to change him a note. I said, If it is not a very large one, I will. He said, It is but a 10 l. note. I knew nothing of him. By and by, when the punch and shrub were drank, he pulled it out. I held it up by the candle, and said, This note will not do for me. I never saw such a one in my life; and gave it him back again. He had a green purse in his hand. I thought he would take out some gold to pay me. He would not pay me. I called my son to go and call the watch. Then we took him to the watch-house. There we searched him for this note, which I had seen him put into a pocket-book. We could not find the pocket-book, nor green purse. We went out of the watch-house, and found the pocket-book, and the false note in it, and the green purse, with a parcel of false guineas and half guineas in it. They were yellow counters. What appeared as guineas had a George the Third on one side and the English arms in a field in the other, and the half guineas a Queen Ann, and the other side resembling a sixpence very badly struck, and only lacquered. Though they shone like gold in the purse, a child of ten years of age might easily discern them not to be coin. In the pocket book was the 10 l. note which he had offered to me (produced in court) on thin paper, to resemble a 10 l. Bank note; the resemblance such, that possibly it may deceive some unwary tradesman.) The constable confirmed that of finding the note and counters, near the watch-house door. Acquitted . See 550 in Mr. Alderman Stevenson's, and No. 548 in this mayoralty. 594. Daniel Murphy , journeyman weaver , was indicted for feloniously and wilfully, and of malice aforethought, making an assault with a certain gun, value 5 s. charged with gunpowder and a leaden bullet, at and against Adam Macoy did shoot off, and discharge; by which means it did strike and penetrate on the side of his left temple, giving to him a mortal wound, of which he instantly died . September 30 . No evidence was given. Acquitted . 595. (M.) John Faulkinson was indicted for stealing a linen handkerchief, value 2 d. the property of Gaven M'Queen , September 12 . The prosecutor did not appear. Acquitted . 596. (M.) James Fessey was indicted for feloniously, and with force, breaking and entering the dwelling-house of John Dupree , with intent to cut and destroy a certain silk manufactory, in a certain loom, in the said dwelling-house , September22 . * Mary Edwards . I am wife to Joseph Edwards , an engine weaver; he works at Mr. Dupree's, in St. John's-street, Bethnal Green . He had an apartment there. I remember the prisoner coming to my husband's apartment on the 22d of September last, a little after eight o'clock in the evening. There were others came with him. They came into the room. Q. Did you know the prisoner before? M. Edwards. I believe I had known him five or six months before. I was sitting by the fire when he came in. They broke the shop door down. Three of them did the execution. I saw the prisoner with an ax cut the tackling down, and the silk in the loom. All three did part of it. Q. How long did they stay? M. Edwards. They quitted the house directly. Q. Are you sure the prisoner was one of them? M. Edwards. I am certain of it. I have no doubt of it, for I saw him. Cross-Examination. Q. Did your husband lodge in Mr. Dupree's house? M. Edwards. Yes. We had the first floor, a whole floor, a lodging room, and a shop. Q. How did the prisoner come in at the street door? M. Edwards. I do not know. Q. How did he come into your room? M. Edwards. My room door was upon the latch. They lifted up the latch and came in. Q. What did they say to you? M. Edwards. They said nothing to me. Q. Whereabouts does the shop lie? M. Edwards. They were obliged to go by me to the shop. Q. Was the shop door locked? M. Edwards. No, it was only latched. Q. Had you any light in your room? M. Edwards. I had, and they took it from me, from where I sat. Q. How many were there of them? M. Edwards. There were six of them. Q. Who came in first? M. Edwards. I do not know that. It was the first of them that took my light away. Q. Are you sure you saw the prisoner? M. Edwards. Yes. When they knocked the door down, I could plainly see them all. They were not far from where I was. Three of them might stand between the prisoner and me. I am very positive he was one of the men. Q. What silk did they destroy? M. Edwards. I do not know the name of it. Q. What was it to make? M. Edwards. It was to make ribbons in the engine loom; that is, a different loom from the broad work. Q. Are the ribbons all silk? M. Edwards. They are. It was in the loom, and there was a great deal more not in the loom. Q. Whose property was it? M. Edwards. It was the property of Mess. Dickinson and Graham. Joseph Edwards . I was not present at the time, but when I came home, I found my looms destroyed, and the work in them also. Cross-Examination. Q. Whose property was the silk? Edwards. I believe it to be the property of Dickinson and Graham. It was delivered to me as such. Mr. Dowell. The loom was my property that was destroyed in the house of Mr. Dupree. On the 23d of September Mr. Edwards came and told me, between nine and ten o'clock, that there had been people there who had destroyed the loom, and cut the work. He said he did not know any of them, but that his wife did. I went to look the next morning, and found the loom cut to pieces, and the ribbon that was made destroyed, as also the rest of the materials. The silk was the property of Messieurs Dickinson and Graham. I was their servant, and gave it out. Prisoner's Defence. I was not there. I have witness that I was not. My loom was cut down in the middle of the same day. I went to see who it was that did it, but could not find it out. I went to bed at ten the same night. I was with Jonathan Riddletale that same night, at the Two Brewers, in White Cross-street, about eight o'clock. For the Prisoner. Jonathan Riddletale . I am an engine-weaver. I know the prisoner very well. He is an engine-weaver . Q. Do you know that his loom was cut? Riddletale. I saw his loom on Sunday the 24th of September, and saw that it had been cut. I asked his wife how it came cut. Q. Was it cut in the manner the cutters do? Riddletale. That I cannot tell any thing of. Q. Did you see the prisoner on the 22d? Riddletale. I did. I met him in Blue-Anchor Alley, about a quarter of an hour before eight. Q. Was any body with him? Riddletale. No body at all. We went together to the Two Brewers, in White-Cross-street, and called for a pint of beer. We had not been there long before one Mr. Price came in, and knowing him, I asked him if he would drink with me. He said he would. We staid there till ten o'clock, then we came out, and I left the prisoner and Price at the door. Q. Was the prisoner and Price in company with you all that time? Riddletale. All that time. Q. How came you to take notice of the time? Riddletale. I looked at the dial. Q. How long have you known the prisoner? Riddletale. About three years. I never knew any thing but honesty by him. Cross-Examination. Q. What is your opinion of the weavers collecting money about Spitalfields; is that right or wrong? Riddletale. I cannot tell. Q. What can't you tell? Riddletale. I have no connections with them. Q. Is that right or wrong? Riddletale. I cannot tell how to answer that question. Q. Do you think that act honest or dishonest of those committee men? Riddletale. I cannot tell how to think it dishonest. Q. Now another question. What makes you remember the 22d of September? Riddletale. It being a rejoicing night, I went out to get a pint of beer. Q. What was the rejoicing about? Riddletale. It was the king's coronation. I remember it by that. Q. Have you not some club or other on that night? Riddletale. No. I met him intirely by accident. It was a quarter before eight by the dial when I went in. Q. Did you take notice of the dial that day se'nnight at a public-house? Riddletale. I always do, when I go to a public-house. Q. How do you do, where there is no dial? Riddletale. Then I can take no notice of it. Q. Was you in a public-house last Friday? Riddletale. No. Q. Nor Wednesday or Thursday? Riddletale. No. Q. Do you ever put down the time? Riddletale. I can generally remember. Q. What did you employ your time about? Riddletale. We talked about state affairs. Q. to Mrs. Edwards. Do you know this last witness? Mrs. Edwards. I do not know any thing of him. I do not remember seeing him. Thomas Price . Coming from work on the king's coronation night, between eight and nine, I went into the Two Brewers and called for a pint of beer. There was the man at the bar and the last witness, who was an acquaintance of mine. They asked me to drink with them. I did, and staid there till ten o'clock. Then we came out together. I left them, and went home. I know no more. Q. What time do you leave work? Price. About eight o'clock. Q. How far is the Two Brewers from where you work? Price. About four hundred yards. Q. Had you been long acquainted with Fessey? Price. I never spoke to him before. Q. Do you recollect the conversation you had together in that hour and a half? Price. Nothing farther than that the last witness was making a remark, that if he tumbled down, his nose would save his face. Q. Do you remember nothing else that past? Price. No. Q. Do you remember whether you talked about state affairs? Price. Yes; state affairs. Charles Gillam . I am a master weaver. The prisoner worked for me about two years ago. I have known him seven or eight years. He has an honest character, as far as ever I heard. Q. Do you know any place he has worked at those last two years? Gillam. I believe he worked at Coventry. Lawrence Wingfield . I am a brass-founder, and live by Fleet-ditch. I have known him about twelve years. I always thought him an honest man; but he would drink a little sometimes. Q. Have you known much of him this last year? Wingfield. I believe I have seen him a dozen times this last year. Q. Have you seen him at work within these six months? Wingfield. No, I have not. John Croft . I lived at Tom's coffee-house, 'Change-alley, but have left off business. I have known the prisoner about eight years, down to the present time. I never knew any thing amiss of him, and always thought him a hard working man. Q. Have you known him these last six months? Croft. I have. Q. Do you know whether he has been employed in business in that time? Croft. I cannot tell that. John Wallis . I am a weaver, and undertake business for gentlemen, having looms of my own. I have known the prisoner between two and three years. I always heard a good character of him. Q. Do you know where he worked? Wallis. He worked for one, but I have forgot his name. Q. Where did he work last? Wallis. The last I know of was he worked for me. Q. How long is that ago? Wallis. That is about a year ago, which was before the disturbance. Bridgen Causen. I live in Golden-lane. I have known him a year and four months. He lived in my house twelve months. He was never out of the house after ten o'clock, to my knowledge. Q. How long has he left you? Causen. He has left me about three or four months. Francis Biggers . I am a sword-hilt maker. I have known the prisoner these last four months. I believe he is a very sober, industrious man. He lodged at my house, and kept good hours. He lodged with me when he was taken up. Mr. Edwards. I saw Jonathan Riddletale on the 24th of September. He told me he had not seen Fessey, nor any of the trade, for three days, till that morning. Jonathan Riddletale . I saw Edwards on the Sunday morning. Upon my oath I never told him so. Mr. Edwards. He told me so that morning. He said he had not seen any of them for several weeks. He said he did not go so much among them as he did. He said he was very sorry for the prisoner, when he heard he was in Bridewell. This he said as we were parting. Riddletale. I came to Mr. Edwards, knowing his things were out; and knowing Fessey was an honest man, I came to know if it was him or not. Q. Then you came to know the right of the thing, because you did not think he was guilty? Riddletale. I did. Q. Did you tell Edwards you had been in company with the prisoner on the Friday night? Riddletale. No, I did not. Q. That was very material; why did you not? Riddletale. There was no such question asked m be I did not tell him, because I did not think he was guilty. Guilty . Death . 597. (M.) Elizabeth Anderson , spinster, was indicted for stealing a woman's linen gown, value 4s. the property of George Trooper , Oct. 5 . ++ Eliz. Trooper. I am wife to George Trooper . We live in Benjamin-street . On the 5th of October, the prisoner came to my shop, to pledge a neckcloth. We are pawnbrokers . This was between ten and eleven. She came again, between three and four the same day, to fetch it out again. My mother was in the shop. She came out to call me, to come and give the prisoner change. I went into the parlour again. My mother presently called to me, and said the woman had taken a gown. I went out, and ran after her. She ran so fast, I could not overtake her. I was about two or three yards from her once, and called, Stop thief! but she got away. I saw about half a yard of the gown hang down on her left side, under an old red cloak she had on. Q. What sort of a gown was it? E. Trooper. It was a flowered long lawn, red and white. It was taken from off a box on the other side the counter. Q. When did you meet with the prisoner again? E. Trooper. On the 14th of October, she came into my shop again; then I stopped her. I knew her, by having seen her a great many times before. E. Trooper Sen. I was in the shop when the prisoner came in, in the afternoon. She asked me for a neckcloth. I gave it her. She wanted change. I could not give it her; and while I went out of the shop to call my daughter, I suppose the prisoner took the gown. When I came back into the shop, she was in a great confusion, wanting to go. As she was going out, I saw half a yard of the gown hanging down. She got out of the shop, and I being behind the counter, could not get out soon enough. I called to my daughter, and told her; she ran after her, but could not overtake her. We never got the gown again. Prisoner's Defence. I went for the neckcloth, and had a basket in my hand full of shavings. The man that the neckcloth belonged to was waiting in the street, which made me be in a hurry. When I went into the shop, there was a woman came out. I went afterwards, and they stopped me. led May Bishop, who had known her ars, and said she had lived well, and bore a good character. Guilty 10 d. W . 598. (L.) Samuel Barnton was indicted for stealing three pounds weight of sugar, value 10 d. the property of persons unknown, September 13 . ++ John Burch . I am a gangsman at Fresh-wharf. The prisoner had been loitering upon the keys two or three months. I have seen him put sugar in his trowsers, and run away. On the 13th of September, I catched him; when he had sugar in his pockets and trowsers. We brought him to the Poultry-compter, and took the sugar from him. There were three pounds of it in large lumps. Q. Had the prisoner used to work upon the key? Burch. I never saw him at work. Prisoner's Defence. I seeing some sugar on the ground, I took it up, and put it in my pocket. I made an attempt to run away, and this man came and laid hold of me. I had not been in London above ten weeks. Guilty 10 d. W . 599. (L.) Benjamin Housden was indicted for stealing a pair of silver shoe-buckles, value 10 s. the property of Joseph Bridges , September 26 . ++ Joseph Bridges . I am a silversmith , and live on Fish-street-hill . On the 26th of September, the prisoner came into my shop to look at some silver buckles. I shewed him some. He took two pair out of a shew-glass. He kept one pair in his hand, and delivered the other to me to weight; and see what they came to. I weighed them, and told him what they came to. He said they were too dear. He then asked the price of several others, but they were all too dear. I then put that drawer away, and shewed him another drawer full; he still kept to the same, they were too dear, but he kept the pair in his hand. Then he wanted a second-hand pair. I said it was needless to shew him any, as he did not want to buy. He then pitched upon a pair, and they were weighed. He agreed to pay five shillings and nine-pence an ounce, and they came to fourteen shillings. Then he said he would not give so much, he would have some allowance for the chases. He would give but twelve shillings. By this time he had secreted the pair he had in his hand. He then said they were rather flight, and there was a crack in one of them, and he had seen some he liked better, and wanted to look in the drawer again. I said, if he did not like them he might leave them; I would not shew him any more. It was about tea-time. I called to my spouse to bring my tea down. She did. I desired her to stay in the shop. Then I went round the counter to where he was to drink it. At last he said, You will not take any less. I said, No. Then he went out of the shop. I followed him out, and brought him in again. I told him he had got a pair of my silver buckles. He took them out and laid them on the counter. Q. Where did he take them out from? Bridges. I do not know what part of his coat he took them from. James Ford . I was going by, and saw Mr. Bridges have hold of the prisoner, getting him into the shop. I asked him what was the matter; he told me the prisoner came in to cheapen a pair of silver buckles, and he had stole a pair. I lent him some assistance. We got him in. He went on his knees, and begged forgiveness, and said it was the first offence. He was some time before he would quit hold of Mr. Bridges. When he said he would go for a constable, I held him. Mr. Bridges could not get a constable, so we took him to the Compter. He had not the buckles in his hand when I first saw him, but he took them from some part of his clothes and laid them on the counter. Prisoner's Defence. I went to this gentleman's shop to buy a pair of buckles, and he pulled out a glass. I looked upon a pair, and fixed on them; the gentleman weighed them, and said they came to sixteen or seventeen shillings, I told him that was too much, and asked him if he had any that would come cheaper. He put that glass in, and took out another. Then I fixed upon a pair. He weighed them, and they came to fourteen shillings. I said I would give him twelve shillings. He would not take it. I took up one, and put it to my shoe. It looked like a child's buckle. I took the pair of buckles, and went to the door to look at them; he took hold of my, and said I am going to run away with them. I said, You have no need to be afraid; I am not going to way. I am a waterman . James Ford . How Mr. Bridges's door were and the prisoner when they were stealing? Ford. They were two or three yards out of the shop. The prisoner wanted to get away. Prosecutor. I believe he was got about two yards from the door when I laid hold of him. To his Character. Edward Wade . I am a waterman. The prisoner is my apprentice. Q. How old is he? Wade. He is twenty-one, or pretty near the mark. Q. What character do you give him? Wade. As good a character as a poor man can do. He served me duely and truely the time he was with me, day and night, in order to get money. Q. Was he master of twelve or fourteen shillings to buy silver buckles? Wade. Sometimes apprentices will keep more money than they give to their masters. They get it by flowing of boats. Joseph Wade . I knew him from a baby. I never heard any bad character of him. Guilty . T . 600. ( M.) William Duggan and Mary, wife of Joseph Manley were indicted; the first for stealing a-yard and a half of printed linen for handkerchiefs, value 2 s. and eight pair of worsted hose, value 4 s. the property of William Coste ; and the other for receiving the eight pair of hose, well knowing them to have been stolen , October 8 . ++ Ann Coste . I am wife to William Coste . I keep a stall in Spitalfields market , and sell all sows of haberdashery goods whatsoever. I had used to employ the boy Duggan at the bar to take my goods in and out of my stall: he took down the stall every night, and put it up in the morning. We live in Red-Lion-Street, near a quarter of a mile from where my stall is. He was gone from me almost a fortnight. before I knew he had robbed me of any thing, and then I should not have missed them, but he had dropped some stockings in a public-house. I was told to go and see them. I went: they were four odd stockings. I will not be positive to them, but I think they were mine. The people told me the boy had more things. My husband was then at Blackheath-fair. I went and told my brother; we took the boy up, and he directly owned that they were my stockings, and that he had robbed me of great many more. He owned to taking three handkerchiefs; this he owned before the justice; and that the woman at he had received stockings of him. We had a search-warrant, and found four pair hanging on a line publickly for sale, and she had another pair on her legs, all my property. She owned she had them of the boy, but said where they came from she did not know, for she did not examine him. Q. How old is Duggan? A. Coste. He is about eighteen years of age. The woman owned before the justice she gave half a crown for the first parcel. The boy said there were nine pair. She said there were but six or seven. And that she gave eighteen-pence for another parcel. The boy said there were two or three pair of them. The boy also said he took another parcel, but could not tell what he had for them. Some of the stockings were for all childrens stockings, that I sell for five-pence a pair, and some that stand me in nineteen shillings a dozen, and some sixteen. The stockings she had on her legs stood me in twenty-two shillings a dozen. They were all new. The boy owned he had pawned the handkerchiefs at three different pawnbrokers. I went, and they delivered them up. ( Three handkerchiefs produced in court.) These are them, and they are my property. Robert Airs . I am a pawnbroker. On the 7th of this month I took in one of these handkerchiefs of the boy at the bar; two days after the prosecutrix's brother came, and asked me if I had any handkerchief of this pattern. I said I had. I went with him to the justices, and delivered it us. There the boy declared where the other handkerchiefs were, and the other pawnbrokers came and delivered them up. Duggan's Defence. I was taken up, and carried before the justice. They said, If I would own to the things, I should be cleared; and I owned I took them. But they are none of her's. I only said so, thinking to be cleared. Prosecutrix. I never spoke a word of that sort to him. Manley's Defence. I bought the stockings, but not of this boy. I know nothing of the boy. John Hurt . I am a weaver. I have known Manley fourteen or fifteen years. She has a very good character. Her husband is a smith, a very worthy man. Francis Wilcox . I live in Wheeler-street, and keep a chandler's shop. I have known Manley about fourteen years. I never heard any ill of her in my life. John Wood . I live in Wheeler-street, and am a victualler. I have known her about fourteen years. I never heard any thing amiss by her. Duggan guilty . T . Manley acquitted . 601, 602. (M.) Thomas Bowers and William Fitzpatrick were indicted for stealing two great coats, value 10 s. and one lacquered wooden tea-chest, value 2 s. the property of John Pritchard , September 26 . ++ John Pritchard . I live in Virginia-street, Ratcliff-highway , and belong to the customs. On the 26th of September, about noon, I was backwards in the kitchen. My child was just come from school. The street door was open, and the kitchen door shut. The child came in and told my maid, a man was gone out of the parlour with a great coat on his arm. I went into the kitchen, and said to my friend that was come to see me. Come along with me. We ran out and overtook one of the prisoners, Fitzpatrick, about two yards from the door. He had my two great coats, and my tea-chest in them, under his arm. I took him by the collar, and asked him where he got them things. He said a stranger gave him them in the street. I said I would take care of him. My friend Thomas Watkins took hold of him, and we got him back into my house: going in, he made a struggle, and then the other prisoner rushed into the house along with him. I had not seen him before. He came up to me and asked me the reason I would not quit him; and said he was innocent of the affair, and I had got my things again. Now, said I, you rascal, I will charge you likewise. I locked the door, and sent my maid for a constable. The things were my property, taken out of my parlour, a fore room. *** In the evidence given by Mr. Garrick, on Mr. Baretti's trial, some Sheets were wrought off with the following error, Paris for Padua, which the reader is desired to observe. In a very few Days will be published the third and last Part of these Proceedings, containing the Remainder of this and the other Trials; to which will be subjoined, an alphabetical List of all the Prisoners tried in the Course of the present Mayoralty. THOMAS WATKINS . I was in the prosecutor's black parlour when the maid came in, and informed us a man had ran out of the fore parlour. Mr. Pritchard called me. We both went out, and took Fitzpatrick with the things under his arm. Mr. Pritchard asked him how he came by them things. He said they were given to him to carry them to the water-side. Q. Did he say he knew the man? Watkins. No, he did not. He came back very willingly till he came to the door; there he struggled, and Bowers rushed in along with him. I did not see him before. Bowers said, What business have you to detain the man, as he was innocent, and as long as Mr. Pritchard had his things again? He said he knew he was innocent, and desired we would let him go about his business. Q. Did he say he saw a man deliver the clothes to him? Watkins. No, he did not. Pritchard. Fitzpatrick said before the Justice that Bowers gave him the things at the door. Bowers denied it. Watkins. I pressed Fitzpatrick to say who gave him the things, that we might send after them immediately. He said there was no occasion to send after them. When before the Justice, he said Bowers gave them to him at the door, and cried very much. Fitzpatrick's Defence. I am a waterman . I had a fare to carry to the Hermitage from Billingsgate. When I had so done, I was walking up Virginia-street, to go to my mother's, when a man crossed the way to me, and asked me whether I was not a wat erman. I said, Yes. He said, Where does your boat lie? I said, at Execution-dock. He asked me if I would carry these things. I took them and was walking towards my boat, and these people followed me, and took hold of my shoulder. I was pretty much in liquor. It was a man much like this man (meaning Bowers) that gave me the things to carry. Bower's Defence. I was called in three times before the Justice. He desired me to swear to this man (meaning Fitzpatrick ); I said, I did not know any thing against him, and I would not. For the Prisoners. Adam Wale . I know both the prisoners. Between three and four months ago they were both at Greenland together. I know nothing against them. John Topham . I know both of them. I never saw any harm of them. Jane M'Daniel. I have known Bowers about eight months. He is a very honest man. Bowers acquitted . Fitzpatrick guilty . T . 603. (M.) James Fife was indicted for stealing a brown gelding, value 6 l. the property of William Beecroft , September 22 . ++ William Beecroft . I live at Blackheath. I lost a brown gelding from out of a field in the parish of Luisham . I saw him in the field on the 18th of September, and on the 21st he was missing. Q. Have you seen him since? Beecroft. He was brought into my yard on the 11th of October, by William Green. William Green. As I was walking in Blackheath fair on the 11th of October, I saw this gelding. I knew him; for I sold him to Mr. Beecroft. I said to the man that had him there, named William Waples , Will you sell this horse? He said, He is none of mine to sell. I said, Whose is he? He said, He belongs to Mr. Heath. I said, Where does he live? He said, Over the water, at Shadwell. I said, Do you think he will sell the horse? I know a man that would be glad to have him. If you will go with me to the person, I'll treat you with a bottle of wine. I took him to Mr. Beecroft's yard, and said to him, Here is your horse. I asked the man if he could give any good account of himself; he said he hired the horse of Mr. Heath; which we found to be true; and when we saw Mr. Heath, he said, he bought the horse of James Fife , the prisoner at the bar. He came the next day to Mr. Beecroft, and we asked him what he gave for the horse; he said he could not rightly tell, for he bought two together. I said, What is the other? He said, A bay mare, and described her. Then I said, I know who she belongs to. The next day, Mr. Heath had got the prisoner in the parish of Shadwell. I asked him how he came by the horse; he said he bought him in Smithfield, and that he had him in a raft two or three days before he sold him to Mr. Heath. Mr. Heath said he bought the horse on the 22nd of September, and he was stole between the 18th and 20th, which we thought could not be true, because there was no market-day between. I asked the prisoner if the horse had any shoes on before: he said, No. The horse had a tender foot, and I think he could not be had up and down bare-footed, as he was at Luisham, without hurting him. William Heath . That was the horse that Waples had. I bought him for a back to let out. I let him to him to go to Blackheath-fair. I have seen him since, and it is the same horse that Mr. Beecroft owns. I bought him of the prisoner on the 22nd of September, and I bought another horse. I have known the prisoner nine or ten months; he lived in Will's-street, Shadwell. Q. Was the horse shod when you bought him? Heath. He was. At first, when the prisoner was charged, he said he bought him in Smithfield; then he had him in exchange; then after that he said he bought him in Bedfordshire. I paid him eleven pounds and six-pence for the two. Q. to Beecroft. What do you value your gelding at? Beecroft. I could not value him at above six guineas. Prisoner's Defence. I have no friends here, so I can say nothing. I am not provided, so for that reason I'll say nothing. Guilty . Death . (M.) He was a second time indicted for stealing a bay mare, value 5 l. the property of Henry Gresham , September 22 . ++ Henry Gresham . I live at Luisham. I lost a bay mare from where I live, and I found her again at Mr. Heath's. Mr. Heath. I bought the bay mare of the prisoner at the bar on the 22d of September; he told me he bought her in Bedfordshire. I had seen her, I believe, about the road about a fortnight before I bought her at Shadwell. Q. What is the prisoner? Heath. He is a taylor . The mare was a saddle-mare. The other, that was proved to her Mr. Beecroft's was an old hunter, but was then a post-chaise horse. I have heard the prisoner say he bought a good many horses, first and last. His boys used to ride them publickly about the streets. Prisoner's Defence. If I had known I came by the horses in a clandestine manner, I would have rode them an hundred miles, rather than sold them to a neighbour. Acquitted . (M.) He was a third time indicted for stealing a chesnut-coloured gelding, being the property of William Etrick , value 20 l. June 9 . ++ William Etrick . I live at Tunbridge. I lost a chestnut gelding out of a ground at Luisham on the 2d of June, and I found him again in the possession of one Whitehead, in Whitechapel, last Saturday night. Andrew Bishop . About the 8th or 9th of June I bought this chestnut gelding of the prisoner in Ratcliff-highway, at one Mr. Nightingale's. I gave him eight guineas and a half for him, for the use of Mr. Nightingale. Q. Where is he now? Bishop. The prosecutor was him now. Mr. Nightingale rode him the next day but one, and when he came back, he sold him to Mr. Burbeck, at the turnpike, at the New Road. Q. Where is Mr. Burbeck? Bishop. He is not here. I have seen the prisoner on him several times. He said he had him from Reading in Berkshire. Mr. Nightingale. That chesnut horse was bought for me. I had him three weeks, and sold him to Mr. Burbeck. I have seen the horse since. It is the same horse that the prosecutor swears to. Prisoner's Defence. Do you think I would have sold this horse to any body where I lived? I never flinched an inch. I declare I never was guilty of stealing a horse in my life. I deal in horses. Guilty . Death . 604. (M.) William Elder was indicted for the wilful murder of James Wooderow ; he also stood charged on the coroner's inquest for manslaughter, September 7 . + Mary Wooderow . I am daughter to James Wooderow . Q. How old are you? M. Wooderow. I shall be twelve years old the 26th of November. Court. Give an account of what you know, and of what happened about the death of your father. M. Wooderow. William Elder came up in the morning, between six and seven o'clock, and knocked at our door: he staid a little time, and said, Very well, you will not let me in. Then he went down stairs again. After that he came again, about eight, and knocked at the door, and my father bid me let him in. I did. He is my uncle, he married my father's sister. We lodge at Mr. Mitchell's, at the White-Swan in Chandois-street. My uncle came about my aunt. When he came in, he said, So, you have got your sister concealed here. He went to the closet, opened the door, and said, I wish she was here, I would well broomstick her. My dadda and he had a good many words. I do now remember the words. He said to my dadda, Pay me what money you owe me. My dadda was in bed. He said, I have paid you the money, and above. My dadda got out, and said he would show him the bill. He put his coat and waistcoat on, and went round the bed, and pulled out a pocket-book, and came to the other side of the bed, took a key out of his pocket, and opened the drawer. My dadda called him Irish dog, and he called my dadda Scotch dog. My uncle gave my dadda two or three blows with his double fist. My dadda said, Very well; I shall not strike you. My uncle said, I suppose you will take the law of me. My dadda said, I will. Then my dadda fell upon him. Mrs. Breaden, that lives above us, came down, hearing a noise; then came our landlord, Mr. Mitchell, and took my uncle, and turned him out of the room. He was without his hat. I got it, and gave it to him. My dadda went to the glass, and looked in it, and said my uncle had given him a blow on his eye. He went and lay down on the bed, and said to me, O Polly! my head achs, and he never moved or stirred after, nor ever spoke more. This was on the Thursday morning, and he died on the Sunday morning after. Q. Had the prisoner any thing in his hand? M. Wooderow. No, he had not. Q. Did you see any scratch on your dadda's face? M. Wooderow. No. Q. Where was your aunt? M. Wooderow. She hid herself in the closet. There was only me with my dadda. Jane Breaden . I lodged over the deceased in the same house. I heard a noise in the room about eight o'clock that morning. The child screamed out. I went down to the deceased's room; the prisoner and the deceased were standing pretty close together, but no blows passed. I begged they would not fight. The deceased said he would not fight; but it was a hard case to be struck. He asked the little girl for a key, and went to a drawer and took out some writings. He fell in a passion upon taking out the papers, and struck Mr. Elder on the left side the face, and Elder fell against the door. I begged of Mr. Elder that he would not strike him again; he said he would not, and I did not see him lift his hand up at all. The deceased seemed to be very much in a passion, and the prisoner quite calm. Mr. Mitchell came; then the deceased had his two hands in Mr. Elder's hair. Mr. Mitchell took Mr. Elder by the shoulders, and turned him out; and said he would not have a disturbance in his house. Elder said, Give me my hat, and I'll go. And he went away. When he went out of the room, I went also. I saw the deceased about two hours after; he could not speak. The child came up to me, and desired me to come down, saying she believed he was in a fit: he lay, and neither spoke nor stirred. Mrs. Elder was there. She asked what must be done. I desired her to send for a surgeon, for I thought him in a very dangerous way. She was his sister. Q. How did Elder and his wife use to live together? J. Breaden. That I can't tell. I have seen them come backwards and forwards; they behaved themselves well. She came home with her brother over-night, and had been in the room all night. I cannot tell what this was owing to. I did not see them come home. They came about one in the night. I believe I saw the deceased strike Mr. Elder twice, but did not see Mr. Elder strike the deceased. As far as ever I saw, Mr. Elder was always a quiet, peaceable man; he always was very agreeable. So was the deceased a quiet man, when sober; but very quarrelsome when in liquor. The deceased had lately been in a good deal of trouble, and had hardly been sober for a fortnight. Thomas Mitchell . I am the landlord of the house, where this unfortunate thing happened. I saw Elder go up stairs, and heard him knock at the door. He came down again presently, and said, Mr. Mitchell, they will not let me in. I said, I dare say they are gone out; he said, I heard somebody stir in the bed; he said his wife went to Bartholomew-fair, and got drunk, and came home with her brother; and I have been used very ill by him. He says he does not owe me above 3 l. and he owes me 6 or 7 l. I will go up again and see whether they will let me in: He went up and knocked at the door again; what he said I do not know. Presently came the lodger and called me up stairs, and said, There will be murder in the house. This was in about three minutes time. I ran up, and saw the deceased have the prisoner by the hair of the head, beating him in the face with his fist. I got myself in between them, and parted them. I took both the deceased's hands out of the prisoner's hair; and took Elder in my arms and brought him out at the door, and said, You dirty rascal, what business have you in my house, to come to make such a disturbance in a morning? He said, If you please to give me my hat out of the room, I'll go out of your house. He had used to come there, and he came very civily. I never before this heard them any otherways than as brothers to each other. Elder went away, and I did not see the deceased from that time till after twelve o'clock. Robert Wooderow . I am uncle to the deceased. This was on a Thursday, and a man came to me on the Friday morning, for me to come to the deceased, saying he could not speak. That man asked me to go and drink. I went with him to the sign of the Sun, in Russel-street. There was the prisoner. This was about eleven o'clock. He offered his hand to me, and said, Will you shake hands with me? I hope you are not angry. I said my kinsman is not well used; the prisoner answered, D - n his Irish stomach. If I was to do it, I would do it again; he only shams Abraham; that is, to extort money from me. Said he, I hit him a tap, and gave him right and left, taylor fashion. After he got up to struggle, he put his head up, and said he, I could have twisted his head off, but I would not; he could not resist me, but he put his hand up, and catched me by my hair: that was all he could do to me. Q. What size man was the deceased? Wooderow. He was a small man, and very weak. Q. Did he say any thing of the deceased striking him? Wooderow. No, he never said a word of that. We spent an hour or two together, and he said the deceased scratched him on his forehead. He said the deceased arose up to resent his being struck; and he put his head under his arm, and could have twisted it off. Q. Had they used to quarrel? Wooderow. I never knew that they had. Q. Do you think the prisoner at the time of this conversation thought he had killed the deceased? Wooderow. No; he had not a notion of that. Martha Crow . I did live in the same house at the time of this, but I do not now. The prisoner came up stairs and swore a great many oaths, and wanted to get into the room. He went from the door down stairs, and said, D - n you, I'll wait all day, but I'll do for you. Whether he meant Wooderow, or his own wife, I do not know. He mentioned his wife, as well as his brother. Q. Did you hear any body in the room say any thing to him? M. Crow. I never heard them speak to him? Q. Were the words, do for him, or do for them? M. Crow. I cannot tell which. I heard the prisoner say to Mr. Mitchell they had been at Bartholomew-fair, and had been pawning some things; in about five minutes or less he went up stairs again, and presently I heard the door open. I heard blows, but who struck them I do not know. They were very soon after the door was open. Then I heard the deceased say, I will not strike you; the prisoner answered, No, d - n you, you will take the law of me. Then they went to fighting again, and calling names. The child cried out Murder! murder! you Scotch thief, you will murder my dadda! then I called to Mr. Mitchell: he ran up stairs, and said, You villain, how dare you come to make this disturbance in my house? He brought the prisoner out to the landing-place; then the prisoner said, Give me my hat, and I'll go. He took it, and went away. Mr. Mitchell said to Mr. Wooderow, Must I always have this disturbance in my house? Said the deceased, He struck me, as I was in my bed: you would think it very hard to be struck so. I was in the room when the deceased died. The prisoner surrendered himself to Sir John Fielding on the Monday morning, as soon as he heard of it. Ann Lawrence . I lodge even with the deceased. I heard the prisoner come up that morning, about eight o'clock: he was in a great passion, and knocked very hard at the door; but no body let him in. He went down stairs, and in about five minutes he came up again, and called at the door and said, You have got the b - h your sister here. Then somebody opened the door. Q. What is the prisoner for temper and behaviour? Ann Lawrence . I never know a better behaved man in my life than Mr. Elder's, when made me wonder at hearing him passion. As soon as he was in the room, I heard a great many blows. Said the deceased, I will not strike you again. No, said the prisoner, you will take the law of me. The deceased said D - n you if I will not have a warrant for you this day. I saw him go across the room to a drawer in only his coat and waistcoat. As he was putting the key in the drawer, he said, D - n you, I can't forbear you no longer, and fell upon Mr. Elder. The door clapt too, and I heard no more. There were a great many bad names called on both sides. I called Mr. Mitchell up: he came. The child called Mr. Elder Scotch thief, and said he was murdering her dadda. The deceased and his wife were always a quarrelling. I was afraid of murder often with them. After that I saw the deceased go across the room to the glass, and I saw no more of him till about twelve o'clock. He lay in a melancholy way, without moving hand or leg, till the breath went from him. William Rowley . On Thursday the 7th of September, about twelve o'clock, I was sent for to the deceased. I found him speechless, senseless, and motionless. He was alive. I examined him, and concluded from the symptoms there was something of the apoplexy. At that time they had no told me what had happened. I treated it as an apoplexy, or a pressure on the brain. I bleeded him. He bled freely, but that did not ease him. He was able to take very little. The second visit was about five or six hours after, then I was informed he had had some words with some relation, and that there had been some blows. I examined his head with great accuracy, but I could not find any external symptoms of bruise or wound that had done him any injury at that time. I attended him, and treated it as a concussion on the brain for the three days he lived. I declared to people about, that it was a case that I believed would prove mortal: that I concluded from the first. The second visit I thought it might proceed from some blows he had received. He died on the Sunday morning, and on the Monday I opened him. I raised the scalp. I could not find the least fracture, or the least injury in the bones of the scull in any part. The temporal muscle had a duskish appearance, as though it had been bruised on the left temple muscle: the muscle on the other side appeared in a found state. I raised that muscle, and examined the scull; but could not find the bone had received any injury at all. I then opened the scull immediately under the left temple, where this appearance of a bruise was in the muscle, and I found a great quantity of extravasated blood lying between the pia and the dura mater. Q. Might he not have a vessel broke there without a blow? Rowley. Most certainly. I found he had been drinking about a fortnight or three weeks very hard. The muscle appeared, as if there had been some bruise, but the scull was perfectly found underneath it. I examined it in the presence of three or four surgeons. Q. If a blow had occasioned a rupture of a vessel, so as to occasion such an extravasation of blood, would he not have immediately grown senseless? Rowley. He most undoubtedly would have been senseless immediately. Q. Could he, after he had received such a blow as to occasion this rupture, have been able to have pulled the hair, and fought five minutes after? Rowley. For a few minutes he might. It might be five, ten, or twenty minutes before the blood emptied in that part. Q. Have you not known in the course of your practice such a vessel burst merely through passion? Rowley. After eating a great meal it has been done. I concluded it must arise from this cause. The man had been drinking very freely, and had not been accustomed to drinking, being in a violent passion might force the blood in such great rapidity to the head, as to occasion these circumstances. Q. Can you upon your oath say some external injury was the occasion of his death? Mr. Rowley. I should imagine so, but it is impossible to determine that it was. I cannot be quite positive. I am a little doubtful. A cough, or any violent passion, or strain, might occasion it. To the best of my knowledge it was owing to an external injury. After I had opened the head, I did conclude there might be some external injury. It might be by a fall. Prisoner's Defence. I was drinking a pint of porter on Wednesday evening at Bartholomew-fair; my wife had been out. She and the deceased both came to the fair. They were both in liquor; she more than he. I told him he had better pay me my money, than to go to Bartholomew He up with a stick and swore he would knock me down. I made no resistance. I understood he had been to a great man; pawnbrokers to release his wife's things out of pawn, in order to sell them. I went home about eleven, and went to bed. The next morning I got up about seven; I found I had no wife come home. My boy said his mother went home with his uncle and Polly. I went there, without any mischief in my heart, in order to see whether my wife was there. I knocked at the door. I had no answer. I came down again, staid in the passage and asked Mr. Mitchell what time Mr. Wooderow came home; he said between eleven and twelve. It was almost one. I said, Did you see any body come with him? No. said he, I did not. I went up a second time, and knocked at the door again, then the door was admitted to be opened. My wife was got in a small closet. I opened the closet door, and saw the bed folded up. I thought she was not there. He jumped out of his bed, and put his coat and waistcoat on, and said, You Scotch son of a b - h, there is your wife; why don't you find her? I said, She is not there. He repeated Scotch son of a b - h. I said, If he said so again, I would give him a knock on the head. I gave him a blow on his right cheek bone, under his eye. He flew to the drawer, and said he had paid me 3 l. more than my due. I said, You shall not use me so, knowing you had my money. He owed me pretty near 7 l. I was going: he said, I should not go; he would fight it out. He ran his head against me, pulled me about the room, and threw me on a chair. I catched his head under my left arm, and twisted his head about, which I allow might hurt him. The gentlewoman that live in the garret came down, and said, Pray do not strike him. I said, I will not, I will only hinder him from hurting of me. Then Mr. Mitchell came up, and said, You have no business to come to make a noise here. I said, I did not come to make any, but only to look for my wife. The deceased had his hand then in my hair. Mr. Mitchell released me. After I got home, half my hair came off. For the Prisoner. William Blackmore . I am a master taylor, and live in Russel-street, Covent-Garden. I have known the prisoner eleven years. He has behaved extremely well. I never found him ill-natured. He has worked for me. He is a remarkably peaceable and quiet man; no ways addicted to quarrelling. Q. Did you know the deceased? Blackmore. I did. He has worked with me. He was a leading man on the board. Q. How was he for temper? Blackmore. When he got a little in liquor, he was rather peevish and ill-natured. The prisoner worked with me about seven years, and the deceased about as long. Q. What size man was the deceased? Blackmore. He was a little man, much less than the prisoner, and he had had a fit of illness. Edward Robson . I am foreman to Mr. Blackmore. I have known the prisoner between eight and ten years. I never heard a man that had a better character, for a peaceable, sober man. He was not in the least addicted to quarrelling. Acquitted . 605. (M.) Elizabeth Willson , spinster , was indicted for stealing nine guineas , the money of John Boyd , October 6 . + John Boyd . The prisoner brought me into her room, and put me into her bed, and went out again, and put the door too. She came in again; I had not got to sleep, and in rummaging about, she came to the place where my breeches were. I thought she was looking for her own necessaries, till she was gone out again. After she was out of the room, I clapt my hand at my pocket, and found my money was all gone. Q. When was this? Boyd. It was this day fortnight, about seven in the morning. I had sat up in the watch-house all night, and in the morning I wanted to refresh myself, being heavy for sleep. Q. Did you know the prisoner before? Boyd. I never saw her with my eyes before that morning. I happened to see her sitting in a public-house, where I went in. She said her lodgings were but a few doors off. So I went with her. She was to have called me about nine, but she never came near me after she was out, and I could not tell were to find her: so I sat in the house till five in the afternoon. She did not come; then I went to the watch-house, and the next morning I found her in the same public-house where I first saw her. She had a pint of purl by her, and a pipe in her mouth. I charged her with having my money. I fetched the watchman, and took her to Clerkenwell goal. She did not own that she had robbed me, nor will she now. Q. Did you ever get your money again? Boyd. No, I never did. I had nine guineas in gold. That was gone, and she left me a bad six-and-nine penny piece, and three farthings. She had seen the six-and ninepenny piece at the public-house the night before. Q. from prisoner. I want to know where the other woman is that lay with you? Q. to Boyd. Was there another woman in the room? Boyd. There was. Q. Did that woman lie in the bed with you? Boyd. Yes. That woman staid in the room with me till five in the afternoon, but the prisoner never appeared. Q. How came you to have so much money in your pocket? Boyd. I had received it, being paid off a man of war, and I was willing to keep it in my own custody, not knowing who to trust with it. Q. Where did you meet with the other woman? Boyd. She and I were in the watch-house together the whole night. Q. What were you both in the watch-house for? Boyd. There was nothing laid to her charge nor mine neither. I went there to get out of harm's way. Q. Where is that woman? Boyd. I do not know. Q. Might not that woman take your money? Boyd. This woman took my money. I felt her about my breeches. Prisoner's Defence. In the morning I was going for some purl, when this man came in bloody, and his wife was in the same condition. He asked me to give him a little water to wash his face. I got a bason of water, and wiped his eyes. He asked me to show him the way to my house, and then to show him the way to bed, which I did, and he and she went to bed together. Acquitted . 606, 607. (M.) Mary Davidson and Frances Smith , spinsters , were indicted for stealing thirty-four guineas, and 4 s. in money numbered, and a canvas bag, value 1 d. the property of William Howard , William Brand , John Hawes , John Overall , Thomas Hawes , and John Flack , from the person of John Blois , privately , September 26 . ++ John Blois . These people, William Howard , William Brand , John Hawes , James Overall , Thomas Hawes , and John Flack , are my employers down in the country. They are all in partnership. Q. What is your business? Blois. I am an oyster drudger . This money belonged to them. William Howard and William Brand delivered the money to me. I had of William Howard 30 l. 10 s. and of William Brand 5 l. 8 s. I had it in my pocket; thirty-four-guineas and 4 s. I was to go down into Kent, to lay it out for oysters, at a place called Whistable. It was all in a bag. I received it at Masey Island, in Essex, within nine miles of Colchester. I received it on Monday the 25th of last month, and lost it on Tuesday the 26th. I came up in a hoy, went on shore, and went to the Beehive in Nithtingale-lane, about two o'clock, where these two girls met with me. They inticed me to their lodging, a few doors from thence. I never was there in my life before. I was carried into a room, I do not know how high, I believe only up one pair of stairs. There was a bed in it. I did not pull off my clothes. When I was in the room Smith went out. Q. Did you go to bed? Blois. No. Q. Did you go to sleep? Blois. No. I had been in the room perhaps half an hour, or thereabouts. Then Davidson took my money out of my left hand breeches pocket, and hastened out at the door. Q. How do you know she took it? Blois. There was nobody in the room but she and I; and I mist it as soon as she flew. I was going after her, and Smith stopped me at the door, while she got away. Q. Are you sure you had your money when you was in the room? Blois. I am sure I had. I felt it, and had it in my hand. I was upon the bed with her, and she flew from me at once, and ran down stairs. When she was got away, I went and acquainted my friend with it, and the two prisoners were pursued and catched in a coach. Q. Was your pocket buttoned? Blois. No, there was never a button on it. Q. How long was you upon the bed with Davidson? Blois. I do not know. I was not in the room above half an hour. Q. What liquor had you? Blois. I believe we drank two or three pints of beer. I was not fuddled, but I was a little in liquor. The bag had John Wright and S S under the name upon it. James Hamilton . I first heard that the man had been with two whores, and had lost his money. About six o'clock we went and got information of one of our officers that the girl was in a coach. I went and stopped the coach by the May-pole. There were five people in it. The two prisoners were two of them. Blois only swore to Davidson. I took her to the watch-house and she was searched. The purse, eight guineas, and a nine-shilling-piece, were found upon her. He swore to the purse. (Produced in court, with the name John Wright and S S upon it.) I found it in her left hand, and the money in it. Alexander Campbell . Mr. Hamilton and I went to take the prisoner. We took the two prisoners out of the coach. I saw this purse and money taken out of Davidson's hand in the watch-house. Q. from Davidson to Blois. Whether you did not take out a bag, in which were nine guineas and a nine-shilling-piece, and give it to me to come and lie with you? Blois. No, I never did. Davidson's Defence. He said if I would lie with him, he would make me a present of that: after that I did not like to lie with him; and I went away and left him, and what I had of him he had again. Smith's Defence. Between two and three o'clock this Mary Davidson and I went into the Beehive. I went to the fire to broil some bacon. She sat down on the right-hand side, and this man came in and called for a pint of beer. He sat down in the same box with her. They drank a pint of beer together. After I had done the bacon, I sat down in that box. He said, You may drink this pint, and we will have another. After that I called for a pint of beer and paid for it. Mary Davidson and he sat still, talking together. I kept reading a paper. After that they asked me to drink a glass. Then they wanted to go home together, and asked me to go with them. I went. It was to No. 19, in Redcross-street, St. Catherine's, up one-pair-of-stairs. He gave me a shilling to go and fetch six-penny-worth of liquors. I went for it, and returned him the six-pence. I went about my business, and shut the door after me. I went to the washer-woman to get me a clean cap. Then I washed myself to go to Dr. Lioney, to have my face dressed. I then went up into the room. The man began to laugh and joke. He never took any notice of having lost any thing. He said, Where is the girl gone? I said I do not know. Then we went to this public house again, and called for six-penny-worth of liquor. Then he said I am going to Mr. Cockbourn's, and if you hear of such a girl, I should be obliged to you if you would let me know. I saw no more of him till about dusk in the evening. I was going to a sister of hers to buy her some cloaths. She called for a coach. We went together, and were stopped, and we were taken out, by whom I do not know, for I was a little in liquor. This was at the top of the Butcher-row in East-Smithfield. After that they searched me. I pulled off every thing I had. They found nothing on me. I was carried before the Justice in New Gravel-lane. There I saw a bag, and a quantity of money turned out upon the table. I never saw it before. Davidson guilty . Death . Smith acquitted . 608. (M.) Martha Young , spinster , was indicted for stealing a silver watch, value 30 s. the property of William Anderson , October 17 . ++ William Anderson . I am a gardiner . I lodge in Cock-court, near Carnaby market. On Tuesday night last I was a good deal in liquor. I went into a house with the woman at the bar, and lay down on a bed. It was near the sign of the Boot, by Long-acre. Q. Where did you meet with her? Anderson. I met her on the top of Holborn, near St. Giles's. I awaked near two or three o'clock, and found myself alone. She was gone, and my watch was gone; likewise about six shillings in silver was gone. There had been none but the prisoner with me. Q. Where had you put your watch? Anderson. I was not undressed. My watch was in my fob. Q. Are you sure you had it when you was in the room? Anderson. I am sure I had. It was a silver watch. Q. Did you ever find it again? Anderson. No, I never did. Eliz. Owen. I live in St. Giles's. Q. What way of life are you in? E. Owen. I get my bread as well as I can, in the same way as the prisoner does. On last Tuesday morning I was by the Pilgrim alehouse, in Holborn. The prisoner had a watch; it seemed to me to be a silver one. She shewed it me. I asked her where she had it. She said she had it of a young man. Q. Did she say what young man? E. Owen. No, she did not. Her husband bid her let the right owner have it again. I never saw it after that time. John Leadbeaver . I was at a public house last Wednesday morning. E. Owen came and told me, a man was robbed of a watch. I asked what man. She said she did not know. I said, Who has got the watch? she said, Pat Bourn, that is, the prisoner. She lives with a man named Burnet. I went and found her, and asked her about it. She acknowledged she took a watch from a man, and delivered it to Burnet, and he returned it to her again, and would have nothing to do with it. She owned before Justice Welch she had it of the prosecutor. She told me before that, she sat down in the street, and while she was sleeping, somebody picked her pocket of it. Prisoner's Defence. Last Tuesday night, as I was going to St. Giles's, I met this man; he asked me to take part of a pint of purl. I went with him. We had two pints and some gin together. He asked me where I lived. I went with him to Cross-lane. We sat down upon a bed. I asked him for a present. He said he had but sixpence. Then he said, To make me satisfaction, I might keep the watch for a security. I said, I had rather you would leave it at a pawnbroker's. He said, My dear, I think it is as safe in your hand as in a pawnbroker's. After that he went away. I went out and fell asleep, and lost the watch out of my pocket. Somebody stole it from me. Guilty . T . 609. (M.) John Maycock , blacksmith , was indicted for making an assault on Luke Shirbourn , in a certain lane near the King's high-way, putting him in corporal fear and danger of his life. and taking from his person one half guinea and 2 s. 6 d. in money numbered , his property, October 15 . ++ Luke Shirbourn . I am a butcher , and live in Tower-street. As I was going to Bow on Sunday last, about half an hour after twelve in the day, between Stepney-church and Bow I met the prisoner in the lane on the road. He put his hand to my breast and desired me to stop, and said. Deliver your money. I said, I hope not. He said, Yes, money I want, and money I must have. I took out my money, which was half a guinea, and some silver. I said, I hope you will be easy with me. He said he would not hurt me. I kept the half guinea under my thumb, and thought he would not see that; but he took it, and 2 s. 6 d. and left 2 s. in my hand. He had his right hand in his bossom all the time. Q. Had he any weapon? Shirbourn. No, he had not, as I saw. After he was gone I met with a man, who, seeing me in a flurry, said, What is the matter with you? I said, That man has just robbed me, He insisted upon my going with him after the prisoner. I returned back with him, and we pursued. Q. Was he out of your sight any time before he was taken? Shirbourn. I believe he was for the space of twenty minutes. He was taken at Bethnal-Green. I know the prisoner is the man that robbed me. We made an alarm, and people followed him, and I traced him all the way. He was searched; there was half a guinea and 2 s. and 6 d. and three halfpence, and a clasp-knife, found upon him. Q. What is the prisoner? Shirbourn. He says he is a farrier . Thomas Hodges . As I was coming home on Sunday last, between twelve and one in the day, I heard an alarm. I rode up to a gentleman, and asked what was the matter; I was told a man had committed a robbery, and that he had crossed the road and took down a grass plat. I rode very hard in pursuit till I came to Bethnal-Green; there I saw a man on a slow run upon the Green. I galloped and overtook him. I asked him where he was going; he said, Not far. I put my horse round a post, and met him: I held the but end of my whip up to him, and desired him to stop till the man he had offended came up. Soon a man came up, and said there were others behind. I sent him back to hasten the person that had been robbed. The prosecutor soon came up, and, That is the person that robbed me. I will swear to him. Then a constable took charge of him. I left them, after I saw him searched in regard to arms, but none were found upon him as I saw. John Lipiap . As I came up the field I heard somebody hollow Stop thief! I got upon a bank, and saw the prisoner coming as fast as he could. I made an attempt to stop him. He said, God bless you matter do not stop me, it is for a bastard childs this was as he was going over Bow-road. Just as I came to the corner of Bethnal-Green I lost him. Mr. Hodges came up immediately on horseback: said he, Which way is the man gone? I shewed him. He rode one way, and I ran another. He came up with the prisoner. I believe I was about three hundred yards off at the time. When I came up. I asked the prisoner what he had done. He said, he had done nothing that he knew of. I said, You certainly have, or you would not have ran so when the people hollowed Stop thief! Mr. Hodges wanted somebody to go and, fetch the man up that was robbed. I told him, If he would take care of the prisoner, I would go. The prosecutor, I found, had lost him, I found him, and brought him to the prisoner; he said, That was the man that robbed him, and gave the officer charge of him. I went up into the room with him. When he was searched. I saw half a guinea, 2 s. and 6 d. and three halfpence taken out of his left hand breeches pocket. He went across the room and flung himself down with his right hand in his pocket. The officer asked what he had there; he went and took out a knife. We asked him where he had that money? He said he received it the week before at Dartford, in Kent. Some time after he cried, and said it was the first thing of that sort that ever he did in his life. Samuel Shepherd I was at Bethnal-Green that day, about one o'clock. A young fellow came running, and said, Somebody must come and take a thief for robbing a person on the highway. I went, and there was Mr. Hodges standing with his horse's head before the prisoner. I asked what was the matter; he said that man had robbed a person in a lane. Said I, Where is the man that has been robbed? Presently the last evidence and the prosecutor came. The prosecutor said, That is the man that robbed me (meaning the prisoner.) Then I said, I will take charge of him. I took him into a public house and up stairs, and said, Let us see what you have about you. I searched him, and found 2 s. 6 d. and three halfpence, and a half guinea. (Produced in court.) I took also a knife from him. At first he said he took the money at Dartford, in Kent, the week before; and soon after he said it was the first fact that ever he did, and said he was very sorry for it now it was done. We took him before Justice Wilmot. He ordered us to take him to New Prison. Q. What is the prisoner? Shepherd. He is a smith. I have known him about two years. Prisoner's Defence. I never did such a thing in my life before. I was in liquor when I did it. I was born in the year thirty-nine. Guilty. Death . Recommended . 612. (L.) WILLIAM BARNS was indicted, for that he being an officer and servant to his majesty's post-master-general, and was employed in the General-post-office, in paying back sums of money that had from time to time been overcharged for letters, did unlawfully and deceitfully make in his book fictitious entries, with intent to defraud the king of the sum of 37 s. and 4 d. to which he pleaded guilty . Sentence respited . 613 (L) John Marishel was indicted for unlawfully and deceitfully intending to defraud and cheat George Ritherdon , goldsmith , in selling and delivering to William Benn , his servant, a quantity of copper mixed with burnt silver lace, for good silver, well knowing it was mixed with copper , &c. July 25 . Acquitted . He was detained to be tried for another such like offence. Ruban Biggs , capitally convicted in July sessions, received his majesty's most gracious pardon in September session, on condition of transportation during his natural life . The trials being ended, the court proceeded to give judgement as follows: Received Sentence of Death, 11. Richard Barnsby , Andras Kendrick Langrave , George Crowder , William Clark , John Simmonds , William Troy , John Doyle , John Valline , James Fife , Mary Davidson , and John Maycock . 2 Sentence respited. Peter Perrin , and James Fessey . Transportation for 14 years, 1. Joseph Mahon . Transportation for 7 years, 20. Joseph Smith , John Cave , Samuel Mitchel , Elizabeth Bradshaw , Francis Phinick , Benjamin Housden , John Cook , Richard Neil , Ann Kidder , George Croucher , Martha Darlow otherwise Tomlin, Christopher Lewis , Joseph Johnson , Jane Davis , John Cook , George Wale , Hannah Knope , William Duggan , William Fitzpatrick , and Martha Young . Branded, 2. Thomas Lewis , and John Leveridge . Whipped, 4. William Acton otherwise John Hawkins , Robert Farrell , Elizabeth Anderson , and Samuel Barnton . In a few Days will be published, THE Proceedings on His MAJESTY's Commission of Oyer and Terminer, and Goal Delivery for the High Court of ADMIRALTY of ENGLAND, held at Justice Hall in the Old Bailey, on Monday and Tuesday, the 30th and 31st of October, 1769. With the SUBSTANCE of the ARGUMENTS of the COUNSEL for and against the PRISONERS Condemned for robbing the DUTCH SHIPS. Taken in Short Hand by THOMAS GURNEY . Printed for J. and E. Rivington, at No. 62. in St. Paul's Church-Yard. Just Published, Price bound EIGHT SHILLINGS, Curiously engraved by the best Hands, a new Edition, being the SIXTH, ( Dedicated, by Permission, to the Right Honourable JOHN EARL of BUCKINGHAMSHIRE, Baron of Blickling, one of the Lords of (the Bedchamber to his Majesty, and one of him Majesty's most Honourable Privy Council) BRACHYGRAPHY: OR SHORT WRITING Made EASY to the MEANEST CAPACITY. The Whole is founded on so just a Plan, that it is wrote with greater Expedition than any yet invented; and likewise may be read with the greatest Ease. By THOMAS GURNEY , Writer of these PROCEEDINGS. Sold by Mr. Buckland, Mr. Rivington, Mr. Dilly, Mr. Wilkie, Mr. Johnson, Mr. Williams, Mr. Dartnall, Mr. Curtis, Mr. Kearsly, Mr. Payne, Mrs. Onion, Mr. Pearch, Mr. Harris, and by the Author, at his House on the narrow Wall, Lambeth; also by his Son, Joseph Gurney , Bookseller in Holborn. Note. The Book is a sufficient Instructor of itself; but if any Difficulty should arise, all Letters Post paid) to the Author shall be duly answered.

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17691018

17890422

Being the FOURTH SESSION in the Mayoralty of The Right Honourable William Gill , LORD MAYOR OF THE CITY OF LONDON. TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority. NUMBER IV. PART I. LONDON: Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row; and J. BELL, Royal Exchange. MDCCLXXXIX. THE WHOLE PROCEEDINGS UPON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c. BEFORE the Right Honourable WILLIAM GILL , LORD MAYOR of the City of London; JOHN HEATH , Esq. one of the Justices of his Majesty's Court of Common Pleas; Sir BEAUMONT HOTHAM , Knt. one of the Barons of his Majesty's Court of Exchequer; JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq. and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex. London Jury. William Purdie John Skipper Thomas Hay William Ash Thomas North John Ross William Leadbeater John Farley Francis Lee Robert Wood William Holliday Edward Kirby First Middlesex Jury. Thomas Stokes William Rogers John Edwards George Bland William Collins Charles Barber Eliezer Gibbons Benjamin Mattingley Samuel Kingston John Burrows John Chancellor Thomas Buckmaster Second Middlesex Jury. Christopher Kempster Joseph Munday Richard Millington Richard Price William Gibbs Joseph Newsham Luke Caith John Beach George Odell Samuel Cross Isaac Hutchinson William Cole 287. JOHN HARDING and JOSEPH POCOCK were indicted for burglariously breaking and entering the dwelling house of William Stevens , about the hour of eleven in the night, on the 20th of January last, and burglariously stealing therein, ten yards of velveteen, value 2 l. 15 s. eight yards of Prince's-stuff, value 40 s. nine yards of cotton, value 28 s. sixteen yards of casimere, value 6 l. 3 s. twenty-four yards of fancy sattin, value 7 l. 4 s. 6 d. seven yards of velveret, value 32 s. 6 d. a waistcoat, value 10 s. three quarters of a yard of cotton and worsted stuff, value 6 s. four yards of silk shagg, value 10 s. sixteen yards of black sattin, value 6 l. 19 s. 6 d. a waistcoat shape, value 10 s. another ditto, value 14 s. six yards of swan-down, value 2 l. 17 s. his property. WILLIAM GIBBS sworn. On Saturday the 17th of January, previous to the robbery, the prisoner at the bar, Pocock, came to purchase a half-mourning sattin waistcoat, at the shop of William Stevens ; I shewed him some patterns, and he said they were not thick enough, and I shewed him some others which he did not like; he told me what he thought he should like, and I promised to get him one in the course of the week; I afterwards perceived him going backwards and forwards; I saw him on the Monday, and I saw him again on the Tuesday near the Pantheon, about eight o'clock the evening of the robbery; I went into the city, the shop is No. 352, in Oxford-street, I had been out, I left nobody when I went out, the house had not been opened above fourteen days, I slept in the shop; I returned from the city about a quarter past eleven in the evening; when I went out, I fastened the door and windows quite secure, I double locked the street-door; when I came home, on putting the key to the door, I found it unlocked, it appeared to have been opened by a key, it was not forced; I went in and found the half door under the counter had been forced open, and a shutter was taken down; there were sundry articles taken away; I made this inventory of the goods after I came from Justice Read's; I found nobody in the house on my return from the city, nor there were no implements of house-breaking found; in consequence of one Reynolds being taken up, he made a discovery; it was on the 26th, and these men were taken. JOHN DIXON sworn. On the 27th of January I found these things at the prisoner Harding's lodgings, I received some information from the patrol, and I went to a house in Drury-lane; Harding was in bed there; it was after seven o'clock in the morning; while we were searching the house Pocock knocked at the door, and we took him into custody; I found these things in a chest by the bedside, some other things were found which Harding claimed, and I gave him them; by information I went to Pocock's lodgings, to a court near Chancery-lane, it is called Chichester-rents; we went up two pair of stairs, and there I found these other things, a piece of prince's stuff, and some remnants of sattin; there was some soap in the room, which Pocock claimed; when Pocock knew I was going to his lodging, he told me to tell his wife where he was; I know nothing further, but here are some other things, some given me by Watkins, and the others by Reynolds. JOHN WATKINS sworn. I am a coach-joiner, I gave these pieces of goods to Dixon, I bought them of Reynolds about the latter end of January, I had had them a week before; I gave them to Dixon, they are two waistcoat pieces. Gibbs. This piece that was found at Harding's it is a shape for a waistcoat, I know it by the shop mark, it is Mr. Stevens's; this sattin I believe to be ours, and the piece of stuff, but there is no mark, I am sure the shape for a waistcoat was in the shop; these that were found at Pocock's I believe to be ours, we lost such kind of stuff, and the same quantity. Mr. Garrow, Prisoner's Counsel. Mr. Stevens lived in Leadenhall-street at the time? - Yes. How often had any body slept there? - I slept there ten nights, I slept there before the robbery. STEPHEN REYNOLDS sworn. I was taken up and charged with felony, and then I gave information of this robbery. Between eight and nine o'clock on Tuesday the 20th of January, I, Pocock, and Harding, went to this place in order to rob this shop; Pocock unlocked the door with a pick-lock key, we all three watched the young man Mr. Gibbs out of the shop, as far as Long-acre; we told Harding to keep watching him; me and Pocock then went back, and left Harding watching of him; Pocock unlocked the door with a pick-lock key, we both went in, broke open the shutters under the counter, we went on the other side, and filled our pockets with the waistcoat preces, and such like; we staid there about a quarter of an hour; from there we went to No. 10, in Cumberland-street, to my lodgings, I did not see Harding any more that night; at the corner of the street I met Mrs. Ford, who cohabits with me, I touched her on the arm, and asked her to come home, which she did; then me and Pocock went back and fetched some more pieces, we divided the pieces into three parts, some of them we cut, and others we took whole, one piece for me, another for Harding, and another for Pocock; Pocock took his part away that night, and said he would call the next morning for Harding's, and the next morning Pocock and his wife came about ten o'clock, and they took away Harding's part; there was a piece of bombazeen, and Pocock gave me six shillings for my part to make his wife a gown; there were marks on the things which I tore off and burnt in presence of Pocock. Mr. Garrow. It is not very difficult to guess what way of life you are in? - Hardly, since I have been committing these depredations. How long have you been a thief, a notorious thief? - I have been a very bad man some time. Give me an answer, guess a little how long have you been a thief? - I cannot guess, I am in hope to leave it off. Nothing will make you leave it off but a halter; how many robberies have you committed within this twelvemonth last? - Nothing but these three robberies, and picking pockets a little, and such like; I think I should use the gentlemen very wrong if I was to say I was an honest man, I have worked at my trade, and I can't say I have been honest. What other trade have you worked at than that of picking pockets and other depredations? - I am a shoemaker. You have not worked at that lately? - Yes, I have. Who is this Mrs. Ford; I suppose Mrs. Ford is a rib of yours? - A rib of mine! Yes, bone of your bone? - That I believe is from scripture. What, have you had any thing to do with scripture? - I hope so, though I have been so bad a man. You may go down. ELIZABETH FORD sworn. I live in Cumberland-street, on the 20th of January, about eleven o'clock at night, I met the last witness, and we went home; and when we got there I saw him and Pocock take several things, some waistcoat pieces out of their pockets; they went out again, and in about a quarter of an hour they brought some more, they separated them into three parts, they said one part was for Mr. Harding; he was not there; I did not see him that night. Mr. Garrow. How long have you lived with Reynolds? - About twelve months. What trade has he carried on during that time? - A shoemaker. Has he worked regularly? - Yes. I caution you, that if you make such answers you are liable to be committed, and tried; don't you know that he has not done a day's work within these twelve months? - He has worked within these five months; I don't know anything of the robberies, only of his bringing the things home. Why have not you picked out the marks from the handkerchiefs you knew to be stolen? - No, never. I have worked myself at glove-making. Tell me any one person that you have worked for? - I have worked for Mrs. Lacie, in Well-street, lately. What since he was taken up, I suppose? - Yes. That may be; but name any person you have worked for within two months before he was taken up? - I worked for Mrs. Rayner regularly when she had work to do. Did you never see any of his tools; his dubs? - I do not know what you mean. His pick-lock keys? - There were some things Mr. Dixon found. Why, you have seen them before Dixon found them? - Yes, I have. Where used he to keep his lash? - I do not know what you mean; Do you mean his last? No, his last, no; his cutlass, I mean; he did not use his last much? - I never saw one. Where did he keep his rook, his crow? - I do not know. Have you taken any other thief into your keeping since? - No. FOR THE PRISONER POCOCK. RICHARD JONES sworn. I live next door to where Pocock lived in Holborn; I am a tin-plate worker; the prisoner was a breeches-maker; I observed him very attentive, and at work in the shop very often. - WARDEN sworn. I live in Holborn; I have known Pocock four years; he was always an honest industrious man. WILLIAM HALL sworn. I am a cheesemonger; I live in the Strand; I have known the prisoner 16 or 17 years; I would have trusted him with any thing I had. JOHN HARDING , JOSEPH POCOCK , NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 288. JOSEPH POCOCK and JOHN HARDING were indicted for burglariously breaking and entering the dwelling-house of George Benfield , about the hour of ten in the night of the 26th of January , and burglariously stealing therein twenty-eight seals set in gold, value 31 l. a gold ring, value 12 s. a telescope, value 2 s. two dozen of black lead pencils, value 8 s. a botanical thermometer, value 12 s. his property. (The Case opened by Mr. Silvester.) GEORGE BENFIELD sworn. I occupy a shop in Saville Passage, St. James's ; I had another place where my family dwelt, and where I had my meals, but I slept in this shop: on the 21st of January, about four o'clock in the afternoon, the prisoner Harding came in, and asked me the price of some seals, and asked, whether they were gold; I said, yes: he asked the prices, and said they were too high for him, he believed; but he would call again. On the 26th, about nine o'clock in the evening, the prisoner Pocock came in, and asked for a sheet of cartridge paper, which I sold him; I packed up my gold seals afterwards; I always take them home whether I sleep at home or in the shop; I put them on the compter; and when I had got home I found I had forgot to put them in my pocket; I went back; I found my door opened, and two men rushed out; they were pursued, and Reynolds was taken with this thermometer on him, broke as it is now; when I lost it, it was whole, and 21 gold seals were taken out of his pocket; I can swear to the property; I am sure the door was locked and fast when I left it. Court. You keep an open shop? - Yes. There were several people came in to ask the price of goods in that week? - Yes, but I do not remember any person, but the prisoner Harding, asking the price of gold seals. GEORGE SMITH sworn. I am an apprentice to Mr. Benfield; I remember the prisoner Pocock coming in about nine o'clock in the evening, and buying a sheet of cartridge paper; I am sure he is the person. RICHARD KIRBY sworn. On the 26th of January last I was coming along Saville Row, I heard the cry of stop thief! saw a man running, and I went up and collared him, and held him 'till the prosecutor came up; I saw the barometer taken from Reynolds the evidence. ELIZABETH FORD sworn. I know the prisoner Pocock; he came to our house on a Monday between ten and eleven o'clock at night; it was in the month of January; he asked where Reynolds was: I said I did not know; he said, he believed he was taken up, and sent to the watch-house. Court. Have you any other witness to any fact but the accomplice? - No. Court. The Justice has certainly done wrong in admitting the wrong person evidence, by which means the whole gang is protected. BOTH NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 289. JOSEPH POCOCK and WILLIAM BAKER were indicted for burglariously breaking and entering the dwelling-house of Anthony Maley , on the 1st of January last, about the hour of nine in the night, and burglariously stealing therein 120 pair of worsted stockings, value 10 l. twenty-four pair of thread ditto, value 24 s. three pair of silk ditto, value 24 s. two pair ditto, value 8 s. and eighteen pair of ditto, value 3 l. his property. MARY MALEY sworn. My husband's name is Anthony Maley ; we lodged at Mr. Peter Cavernor 's house; Mr. Cavernor had not lived there since last Christmas was a twelvemonth; my husband was in Ireland. Court. This indictment is wrong laid; it is not the dwelling-house of Anthony Maley ; but we can try them for the felony. Mrs. Maley. I had been out on the night of the robbery; I left the stockings, they were in two bags; I had only gone next door; I came in about ten; the goods were in the shop below stairs when I went out; and when I came back I missed the goods. - DIXON sworn. I am an officer; I had these things from John Watkins . JOHN WATKINS sworn. I had these things from Reynolds the accomplice. Court. Gentlemen of the Jury, you see there is evidence in this case also against Reynolds, but not against the prisoners. BOTH NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 290. JOSEPH OAKLEY was indicted for stealing, on the 7th of March , a gold watch, value 10 l. 10 s. a gold watch chain, value 2 l. 2 s. a cornelian seal, set in gold, value 1 l. 1 s. another gold seal, value 10 s. 6 d. another gold seal, value 5 s. and a metal bed-hook, value 1 d. the property of William John Spearman Wasey , Esquire . WILLIAM JOHN SPEARMAN WASEY , Esq. sworn. On the 7th of March I was returning from Pall-Mall, where I dined; I met Mrs. Wynham's servant, who informed me my house had been robbed by the prisoner at the bar, who had lived with me about four months as under footman; I had had a very good character of him from his former master, with whom he had lived some years; when I went home there was a deal of confusion; I missed my watch, which I had left hung up at the bed-head on that day; the prisoner was gone off; there were some tea-spoons missing; I suspected the prisoner, and I went to the office, and the prisoner was apprehended at Ryegate the Thursday following; he was brought to my house by the constables, and he himself delivered me the watch, and the tea-spoons; I know the property. A WITNESS sworn. I am a servant to Mr. Wasey, me and the housemaid were in the kitchen, there was nobody in the house but us and the prisoner; and he took the candle, and went out of the kitchen, and locked and bolted us in; the housemaid got out at the window, and let me out at the kitchen; I called to the prisoner, and he not answering, I called murder and fire! and I heard the street-door open and shut; it was about nine o'clock at night. PRISONER's DEFENCE. I know nothing of taking it. The prisoner called two witnesses, who gave him a good character. GUILTY . Transported for seven years . Tried by the first Middlesex Jury before Mr. RECORDER. 291. ELIZABETH HARDEMAN was indicted for stealing, on the 28th of January , a Marseilles bed-gown, value 5 s. a pair of jean breeches, value 5 s. a flannel petticoat, value 12 d. and a red and white spotted handkerchief, value 6 d. the property of Philip Wooten . RACHAEL WOOTEN sworn. My husband's name is Philip Wooten ; we lost the things between the hours of two and six in the afternoon; I believe it was on the 28th of January, I did not see them taken. - MULCASTER sworn. I am a pawnbroker, on the 28th of January, the prosecutor called at my shop, and told me that he had lost the things in the indictment; about an hour after the prisoner came in, and wanted to pawn a handkerchief; we stopped her with the things, and she was taken before the magistrate. (The property deposed to by Mrs. Wooten.) PRISONER's DEFENCE. I had the property from a woman to pawn. GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. [Transportation. See summary.] 292. THOMAS EVATT was indicted for stealing, on the 11th of March , a silver watch, value 40 s. a steel chain, value 6 d. a stone seal, set in silver, value 3 s. and a metal watch-key, value 1 d. the property of Richard Saunders . ANN SAUNDERS sworn. I know the prisoner; I have known him from his infancy; he came to me on the 10th of March, about two o'clock; I had not seen him before for eight or nine years; he told me he had been abroad; he came and enquired for a Mrs. Jones; I did not at first sight know him 'till he told me his name; and I asked him in, and behaved with great civility; he came again the next day about four, and the bell was ringing; he asked me if it was striking four o'clock; I looked at the watch, and told him it was within a few minutes; the watch hung by the fire-place, near to where he was sitting down; he got up, and went away, and about two minutes after I missed the watch; I went out to look after him, but he had got off; he was taken on the last day of March; the watch has never been found since. Court. Who was in the room besides you and this man? - Nobody, but a child in the cradle; when he was taken before the magistrate he said he knew nothing of it. JOHN TAYLOR sworn. I apprehended the prisoner; his friends sent for me to take him; I found this sixpenny watch upon him, and this spike. PRISONER's DEFENCE. I saw the watch on the mantle-piece, but I never touched it; the sixpenny watch I had bought to take abroad to the East-Indies, and the hand-spike we make use of on board ship. GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 293. JOHN HUTCHINSON was indicted for stealing, on the 9th of May last, two iron gates, value 5 l. the property of Martha Bowen . JOHN HALES sworn. I can only prove the property; Mrs. Bowen lives at Sunbury; the gates were missing betwixt the 7th and 10th of May; they were not hung, they were lying in the fore-court; I saw them on the 7th of May last. RICHARD EDMONDS sworn. On the 2d of February last, George White came to me; and asked me if I would buy a pair of iron gates; I am a blacksmith; I live at Moleshead, in Surrey; he said, he had them to sell by weight; I told him I had heard of a pair of gates being lost; and I told him he had better go to the person that lost them; about three weeks after I saw White again, and I asked him, if he had said any thing to the gentlewoman about the gates; and he said, no; and I said I would go myself, and he agreed that we should inform her; and I was desired to buy the gates in order to know who had taken them; by the information of White we sent for Hutchinson to a Mr. Hopman's at Sunbury; he came; and White said to him, here is the man that I asked to buy the iron gates; he says, will you sell them now? Hutchinson said, yes; I asked him, what I should give him; and we agreed for 12 s. a hundred weight; and I was to go about nine in the evening in a boat, they laid near to the river, they were under ground covered with earth; we got the gates home to my house, and then I sent for a constable. GEORGE WHITE sworn. I was drinking with the prisoner, and he told me he knew of a pair of iron gates; it was on the 2d of February; and he asked me to go to Edmonds's to see if he would buy them, he only said he knew of them; the prisoner is a basket-maker at Sunbury; I have known him about two years; I had never seen the gates before; I went with Edmonds. Hales. I saw the gates at Edmonds's; I am sure the gates are Mrs. Bowen's. PRISONER's DEFENCE. I work for Mr. Groves, a basket-maker, and I used to work near to the river to get oziers for the baskets; and I saw them lying there, when I had been to ease myself; some time after White came to me, he had a bad leg; and he asked me to lend him half-a-guinea to get into the hospital; I told him, if he would sell those gates to Edmonds I would lend him some money. Court to White. Is that true? - No, my Lord, I am sure he would be the last person I should think of asking. NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 294. RICHARD M'GEE was indicted for stealing, on the 18th of April , a live pig, called a roasting pig, value 4 s. the property of John Oaks . John Oaks and John Ellesworth called on their recognizances, and not appearing, the prisoner was ACQUITTED . Tried by the first Middlesex Jury before Mr. RECORDER. 295. GEORGE BELLOW was indicted for stealing, on the 19th of March , eight yards of linsey woolsey, value 8 s. the goods of Samuel Pollard . SAMUEL POLLARD sworn. I live in St. Martin's le Grand, I deal in the hosiery line , I can only prove the property; it was missed on the 19th of March, about nine in the evening, I was out at the time. GABRIEL JOHNSON sworn. I am a ticket porter, about eight o'clock in the evening of the 19th of March, I saw two men standing at Mr. Pollard's window, and I saw the prisoner lift up the latch, and go in at the door, the other stood by the door; he came out with two pieces in his arms, he gave one to the other man, and I went up and collared him, and called stop thief, but the other ran away; I took this piece on the prisoner. Mr. Pollard. I believe this to be my property. Court to Johnson. Had the prisoner any thing in his arms when he went in? - Nothing. PRISONER's DEFENCE. There was a riot near the door, and I was standing there, and a man pushed me in, and then brought the piece of stuff, and said I took it. GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. [Transportation. See summary.] 296. JOHN DEVOIS was indicted for stealing, on the 10th of March , two pair of iron tongs, value 2 s. the goods of Richard Crutcher . RICHARD CRUTCHER sworn. I keep a little blacksmith's shop , it was broke open on the 9th of March, in the morning, I believe; when I got up, I missed among other things, two pair of tongs; the prisoner was taken on the 10th, and I saw him at the Justice's on the 11th; my tongs were there, I knew them by the make of them. WILLIAM ELBY sworn. Between seven and eight I saw the prisoner by the Horse-ferry at Limehouse, he had these tongs, and some large pieces of iron; I stopt him, and asked him where he had got them; he said he was employed by a person the other side of the water, and he was to have a shilling for carrying them; I asked him where he was to take them to, and he could not tell; he could not tell who gave them to him to carry. Crutcher. I think those tongs are mine, I have no dout of it. PRISONER's DEFENCE. A person employed me to carry them, and when he saw the gentleman stop me he ran away. NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 297. RICHARD EVANS was indicted for stealing, on the 1st of April , two linen sheets, value 4 s. a pillow case, value 6 d. the goods of John Moore . MARY IVES sworn. On the 1st of April, between six and seven o'clock in the morning, the waiter at the Red-lion in Covent-Garden knocked at my door for the key to let a lodger out; I gave him the key, and he let him him out; in a few minutes I went down, and he told me that the man had robbed the room of the sheets and pillow case. JOHN HARPER sworn. I am waiter at the Red-lion, I let the prisoner out, he had slept at the Red-lion that night; when I examined the room I found the bed stript of the sheets and a pillow case, I shewed the prisoner his bed, and I am sure, when he went to bed, the sheets were there; they were afterwards found at the pawnbroker's. Mr. Keys, Prisoner's Counsel. What time did the prisoner go to bed? - About ten o'clock that night. Did you go into the room or only to the door? - I went into the room. SAMUEL WIMBURN sworn. These sheets were offered to be pledged at our shop on the 1st of April, by the prisoner at the bar; it was between the hours of eleven and twelve; I stopt him; I examined them, and I found Mr. Moore's name on them. (The sheets deposed to by Mrs. Ives.) PRISONER's DEFENCE. I am innocent of the matter. The prisoner called six witnesses, who gave him a good character. GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. [Imprisonment. See summary.] 298. WILLIAM GARMENT was indicted for stealing, on the 27th of January , a live pig, value 12 s. and two live fowls, value 2 s. the property of James Chapman . JAMES CHAPMAN sworn. On the 28th of February we had lost eight hens, two cocks, and a pig; they were taken the 27th at night; the next morning the prisoner was taken up at Shepherd's Bush, which is about four or five miles from where I live; I live at Greenford. WILLIAM BANBURY sworn. On the 28th of February in the morning, about a quarter after six, I stopt the prisoner, he had got a pig, a cock, and four hens; he had the cock and the pig in a sack, the others were in his pockets, they were dead and appeared fresh killed, they were warm; he said he had been to his brother's, and he gave them to him. JOHN MERRYFIELD sworn. I officiate as a constable; Banbury brought the prisoner and the things to me; I searched him, and took four fowls out of his pocket, which were warm, and the pig appeared fresh stuck; he told me his brother had given them to him; it was on Saturday he was taken, and on Monday morning Mr. Chapman saw the property, and swore to the pig and two of the fowls. Chapman. I am sure to two of the fowls and the pig. PRISONER's DEFENCE. I was going to Brentford to look for work, and I saw two men sitting by the road side, and I called out to them, and one of them took up a bag, and they went off, and left another bag behind them, which I picked up, and I was bringing it home when the man took me. GUILTY . Transported for seven years . Tried by the first Middlesex Jury before Mr. RECORDER. 299. THOMAS MASON was indicted for burglariously breaking and entering the dwelling house of Henry Starr , about the hour of twelve in the night of the 26th of March , with intent the goods of the said Henry Starr to steal . HENRY STARR sworn. I live at Enfield Highway ; on the 27th of March my house was broke open, I was in bed, I went to bed about nine o'clock at night; my family consists of myself, wife, and two children, we all went to bed, and we fastened the door and the window, the door was locked, and the back-door was bolted; a young man coming by seeing the window open called me up, it was between eleven and twelve, I ran down in my shirt, and took the prisoner; there is only one room below stairs, and I found him there, I missed nothing; there was a pane of glass taken out of the window, so that he could put his hand in and take out the peg, and open the window; I knew the prisoner before; I am sure he is the person I found in the kitchen. THOMAS TYLER sworn. I live at the White Lion, Enfield Highway, I saw the prisoner skulking about the waggons that I had the care of, I thought he was about no good, and I went to see which way he went, and I missed him; I observed the shutters of the prosecutor half open, a pane of glass had been taken out of the window, and the casement was ajar; I don't know whether they were shut before, I cried halloo, twice, and I had no answer; and I went into the window with my candle and lanthern, and I said halloo, friend, what are you about here? he said, I am going to get my supper and go to bed; I took him by the collar, and called Mr. Starr up; he begged to be let go; there was nobody else with him. HEROD STARR sworn. I was in bed, I went to bed about nine, I am sure the window and door were fast when we went to bed, I keyed the window myself; there was no pane of glass broke in it when we went to bed. WILLIAM ELBY sworn. I am an officer, I took charge of the man, I took this knife from him. PRISONER's DEFENCE. I got into the house for want of victuals, I was starving almost; I was trapanned by the East India Company's serjeant, and on on board ship; I was taken ill, and they turned me off, and I have been begging about for want. Tried by the first Middlesex Jury before Mr. RECORDER. 300. THOMAS WHITE was indicted, for stealing on the 4th of March , 84 lb. weight of seed, called clover seed, value 20 s. the property of Sarah Thorpe , Bejamin Collett , and Ebenezer John Collett . WILLIAM HAYNES sworn. I am a carman; I had a load of clover-seed; I believe it was the 16th, I can't rightly tell the month; it is turned of two months since; I was carrying it from Galley Quay to Mr. Collett's in the Borough; it was Mr. Collett's property; I was up in the cart loading of it; I loaded 15 bags, and one was cut on the Quay; I had got about five bags into the cart when I found one was cut; I heard the seed running; I did not see who cut it. GEORGE SIMMONDS sworn. On the 4th of March I was helping to load the cart with seed. Court. The other witness said the 16th. Simmonds. It was the 4th of March; I observed the prisoner near to the cart, he had got his apron full of seed, the seed was running; when he saw me he run up Galley Quay gateway; I pursued him, and took him at the top of the gateway; he threw the seed away, it was afterwards picke up, it is in Court; he said nothing but only "let me go;" the seed belongs to Mr. Collett. EBENEZER JOHN COLLETT sworn. I had some seed on the quay. Court. Have you any partners? - I have two partners. What are their names? - Sarah Thorpe and Benjamin Collett ; I can only prove the property. GUILTY . Tried by the London Jury before Mr. RECORDER. [Transportation. See summary.] 301. GARMATHEW KELLY and DAVID CURTIS were indicted, for stealing on the 13th of March two silver tablespoons, value 20 s. the property of John Wicks . JAMES BULL sworn. On the 13th of March the two prisoners came to my shop in Leadenhall-street, and enquired if I bought old silver; it was about seven in the evening; I keep a goldsmith's shop; the prisoner Kelly produced the bowls of two silver table-spoons, newly broken; I asked him, how he came by them? he said they were not his property, they belonged to the other prisoner, and he acknowledged them to be his: I asked him where he lived, and he said at Westminster; I asked him, how he came by them? and he said, if you don't chuse to buy them, give me them back again; I told him I should be satisfied about it, and I sent for a constable; and on searching Curtis, the handles of the spoons were found on him; prior to our examining him, he said he had got no more than the bowls, they corresponded, and on the handles were engraved J. Wicks; Curtis then said to the other, damn me what a pretty piece of business you have brought me into; Curtis said, you knew how I came by them; I told you before I came here; in consequence of which they were sent to the Poultry Compter; and on enquiry they were found to be the property of Mr. Wicks, of the Bush Tavern, Bristol. JANE DOER sworn. I know these to be the property of my my master, Mr. Wicks, who keeps the Bush Tavern, at Bristol; I do not recollect ever seeing either of the prisoners. PRISONER KELLY's DEFENCE. On the 13th of March I dined with an acquaintance, and the prisoner dined there too; afterwards he asked me to take a walk, and I did; and he said, I have got some silver to sell which I found on the road coming to London; I saw Mr. Bull's shop, and we went in; I had the bowls, and I told Mr. Bull they were not mine, they were the other man's. PRISONER CURTIS's DEFENCE. I found them as I was coming from Bath, and I shewed them to the other prisoner; and he said, he could sell them for me; he took them, and afterwards returned the stems; he said he would sell them at another place. To Mrs. Doer. Had any spoons been missed? - We missed three about a fortnight before we heard these were found. The prisoner Kelly called one witness to his character. BOTH NOT GUILTY . Tried by the London Jury before Mr. RECORDER. 302. CHARLES HOLLOWAY was indicted, for burglariously breaking and entering the dwelling-house of John Johnson , about the hour of four in the afternoon, of the 3d day of April ; the said John Johnson , and Jacob Renatt his servant being therein, and stealing therein eleven silk handkerchiefs, value 40 s. his property. JOHN JOHNSON sworn. It was in the shop when the window was cut; it was on Friday the 3d of April, about four in the afternoon; I did not see the boy cut it; I know nothing more of it. JOHN WAGSTAFFE sworn. I had been to St. John's Square, and when I came back, I saw the prisoner and another boy standing against the shop window; I thought they had some bad intention; I stept over the way, and I saw them cut the window, and drawing this piece of silk handkerchief out, I went immediately and took them both, he had not got the handkerchiefs quite out. Court. There must be a complete removal of the things from the place where they are; the witness prevented that, and therefore we can go no further. NOT GUILTY . Tried by the London Jury before Mr. RECORDER. 303. JOHN MEERS was indicted for stealing, on the 3d of April , a wooden till, value 1 s. and 192 copper halfpence, value 8 s. the property of Simon Stevens . The prosecutor and witnesses not appearing, the prisoner was ACQUITTED . Tried by the London Jury before Mr. RECORDER. 304. SARAH NATCHELL was indicted for stealing, on the 14th day of March , ten pieces of linen cloth, value 12 d. and 45 l. 12 s. 6 d. in money, the property of Joseph Crank , in his dwelling-house . (The Case opened by Mr. Knapp.) JOSEPH CRANK sworn. I keep the Bartholomew coffee-house in West-Smithfield ; I know the prisoner, she was my servant , she lived with me about a month; on the night of the 13th of March she went to-bed before I did, it was about 11 o'clock; at half past 12 I fastened up the house; I and my wife were going up to-bed; and I said to her, it does not appear that the dining room windows are shut; and my wife said, she had sent Sally, she had been up stairs three times; I saw a light which appeared through the window; the dining-room door being open, which gave me reason to know it was not shut; my wife then went and shut it; we went to-bed; and about half past six in the morning, the prisoner came and knocked very violently at the door; my wife said, what is the matter? she said, the house was broke open; the dining-room window, she said, was open, and the bar-door had been broke open, and there were thieves in the house; I went down, and observed the bar-door to be open; I saw the street door was a-jar; and I told the prisoner to go, and get me a light; then I went into the bar, I found the till on the floor, and a bowl which we put silver in, and sometimes gold, that was on the floor, and I found a number of loose pieces of paper; there were three bills, among them one for 49 l. another for 66 l. and another for 9 l. 12 s. they were not gone, they were all thrown about; I found a large quantity of money, which I had left on a shelf, was not gone; and another sum of 70 l. which was safe, they were all in the bar, but not in the till; they were put in different parts of the bar, it had not been in the bowl, or in the till; there were several other things of value in the bar, which was not touched; afterwards I went up stairs, and dressed myself, and my wife came down, and saw the things in the same state, as I did; the prisoner went about her business as usual; I had not just then any kind of suspicion; on the Sunday following she went out, and I attempted to watch her, but lost sight of her; she staid out till about nine o'clock; she asked leave to go out: on the Tuesday following, the night of the illuminations, she asked leave to go out then; she went out, I believe, but I will not be positive that it was the night of the illuminations, she staid out till near 11; when she came home she went to-bed; and the next morning she got up, and complained she was sick, she did part of her business in the house, and she then went to-bed, and lay there the whole day; in the evening she came down, and got some refreshment, and then went to-bed again; the next morning she did not get up, and a person went up to her; she said that she was very ill, and that the town did not agree with her, and she would go away, and go into the country; she called a coach herself, and she put her box in it, and a hat-box; I followed the coach to No. 36, James-street, Bedford-row, it stopped there; there was a footman came out to the coach to her two or three times; then the coachman drove her to a public-house, a Mr. Farrell's in Red-lion-street, Holborn, the sign of the Dolphin; I came home again, and staid 'till the Friday; she got out there, and her boxes were taken out; the next day I went to Mr. Farrel's, but did not find her there; she was not taken 'till the Saturday, she was taken at No. 16, James-street, Oxford-road, in company with one Stevens, a Mrs. Wood, and a soldier, they were at dinner; I lost 22 guineas and a half in gold; 20 l. 14 s. 6 d. in silver, and in half-pence 1 l. 5 s.; I had taken an account on the Sunday before; there are nine or ten cloths we lost; we call them tea-cloths. Mr. Keys, Prisoner's Counsel. How long had the prisoner been in your service? - About four or five weeks; the prisoner said she had no money, but a guinea and a half-crown when she came to us, she said, that was all she had in the world. Did not you make her any promises to induce her to confess? - I said this to her, Sally, if you have any person concerned with you in breaking the house, inform me who it is, and I will shew all the lenity I can; this was after the money was taken; I had suspicions, for I had heard of her keeping this soldier's company; she told me, nobody was concerned at all; she acknowledged it fifty times; she said she had robbed me, and the Devil must be in her to do it. JANE CRANK sworn. I am wife to the last witness; on the 13th of March lost my husband lost 45 l. and upwards, it was in a drawer underneath the till; you must take the till away to put the money in, there was no money in the till but sixpence and a few half-pence; there was sixteen pounds in the dish, the greater part was in a check bag, in a box under the till; my husband went up before me, he called me; the windows were all shut when I went up to-bed; there was one open before we went to-bed; it was the right-hand window, I shut it, and fastened it, it goes in with a hook, and I looked at the other, and that was fastened; the maid went up about ten minutes before eleven, and she went up three times before, and said she was going to fasten the dining-room windows; I said I thought she had fastened them before, and she went to-bed half an hour after. Mr. Keys, Prisoner's Counsel. Was not there a person in the house on whom suspicion fell? - No, none at all. Then how happened it that you did not suspect this maid before? - So I did, but Mr. Crank did not wish it, because it was taking away her character. HELEN PARRY sworn. I keep the Dolphin in Red Lion-street, Holborn, I am married; on Sunday the 13th of March the prisoner came to our house, she called for three-penny-worth of brandy and water, there was nobody with her, she looked about, and asked where she could go into; I told her to go into the back kitchen, she asked me for a needle and thread, she was making up a parcel, I did not give attention to her; she came back and said she wanted some twine; she had two three-penny-worths of brandy and water; she sent my maid for two shilling cakes and some oranges, she gave the maid 6 d. and asked me to drink, I refused it; she came to our house on the Thursday following, she came to the bar, she came in a backney coach by herself, she had some boxes, and asked me to let her boxes stand there for a little time, as she had left her place; she sent for a gentleman's servant who lived at No. 8, in Red Lion-square; he was a stranger to me, he came, I cannot tell what passed; they went into the parlour, but the door was not shut, but what passed I do not know, they staid there about half an hour; then I saw the gentleman's servant go away, he did not take the boxes; after that she asked me to let the boxes stop a little longer; I did so, and they were taken up into the dining-room; in about an hour after she brought a man, a porter, to take them away, and she went up with him; there was a wooden box and a hat box, the prisoner left one box on Thursday night, and the other the middle part of the day, I believe it is about a month ago, one was a leather trunk, and the other was a large deal box; they were the same that were found at my house by the officer. CHARLES JEALOUS sworn. On the 21st of March I went with the prosecutor into Little James-street, Oxford-road, to No. 16, the prisoner at the bar was sitting in the right hand parlour, with another woman and two soldiers; I took the prisoner out of that parlour on the staircase, and in her pocket, tied up in this silk handkerchief, were seventeen guineas, and eight half guineas, in her pocket two pounds nine shillings and sixpence in half crowns and shillings; I then went with the prosecutor and the prisoner where the boxes were, in Stonecutters-alley, in a Mrs. Smith's house; there I found in half crowns, shillings, and sixpences, five pounds and sixpence; in a little box, in one of her own large boxes, I found ten of these clouts; there were some new stockings, and six silver tea-spoons, which were new ones, a new umbrella, and a pair of new cotton stockings; the prisoner was not with me. When these clouts were found, was any promise made her? - The prosecutor prosecutor promised her he would be as favourable as he could, if she would tell where the boxes was. Court. Then I shall not enquire what she said after that? - I believe that was after some part of the money was found. But before she said any thing what she had done? - He asked her where the best part of the money was; and she begged he would not take her life, but be as favorable as he could. (The clouts deposed to by Mrs. Crank.) Mrs. Crank. I know them by a particular mark with one iron mould at the corner, this is my own work; they were in the garret, they were not in the same place with the money. PRISONER's DEFENCE. My box came up the 16th of March, my prosecutor pretended he had lost some money the 14th of March, the clouts were in my box, and a person is in Court that I promised to give some of them to; her name is Sarah Brown ; the money I had by my young master, who is gone to Bengal, to maintain a child I had by him, his name is Richard Morgan , a lieutenant in the army; he was ordered off with his regiment, he has been gone about a month; my childbed linen was in my box, the prosecutor and his wife have my boxes in their possession; Sarah Brown saw some of the cloth. SARAH BROWN sworn. I am a country woman of the prisoner's, she came up about two months after I came up; she always bore an exceeding good character, as far as I know; I know nothing at all but some bits of cloth that she had in her caravan; I asked her to give me some, she said when her box came up, she would give me some. HANNAH HOLLAND sworn. I have known the prisoner since she has been in town, I never heard but she was a very sober, honest servant. ANN SAUNDERS sworn. I have not known her a long time, but heard a good name of her by all her country people. Mrs. LAMB. sworn. I knew her when she was an extraordinary good servant in Windsor, to Mr. Morgan, I know of no money he gave her. Court. Had he a son an officer? - Yes, his name was Edward Morgan , I heard say he was gone to Cork; I have been out of Windsor five years. When did you hear he was gone abroad? - About six months ago. Court to Mr. Crank. How is your street-door fastened? - With a strong iron bar that goes across the door as well as the lock, the dining-room window fastened with a hook; they were not broke that I saw. GUILTY, Of stealing the clouts only . Court to Prisoner. You have been convicted on very strong evidence of a part of the charge contained in this indictment against you; the Jury, though there were strong circumstances that went to the whole of the charge, in mercy to your life, have acquitted you of the most penal part; it will depend on yourself how far that mercy will or will not be beneficial to you; it remains with the Court to consider the whole of your case; the offence of a servant breaking that trust reposed in them, is so dangerous to the peace and security of individuals, that it is the rule of the Court to treat it with the utmost rigour of the law; the sentence of the Court upon you, therefore, is, that you be Transported beyond the seas for the term of seven years . Tried by the London Jury before Mr. RECORDER. 305. JOHN HOLDWAY was indicted for burglariously breaking and entering the dwelling house of William Bethell , about the hour of two in the night, on the 16th of March , and burglariously stealing therein, two silver table-spoons, value 18 s. four silver tea-spoons, value 4 s. a diaper table-cloth, value 3 s. a linen dresser-cloth, value 6 d. a box handle oyster-knife, value 6 d. his property. WILLIAM BETHELL sworn. I live in Covent Garden-market , my house was broke open either the 16th or 17th of March, I do not know the day of the week, I went to bed before my family, I believe my servant was last up, her name is Jane Harris ; I went to bed between eight and nine, my wife and daughter were at the play; I saw the things at the pawnbroker's; I heard no noise in the night; I was up between four and five in the morning. JANE HARRIS sworn. I am servant to the prosecutor, the house was broke open of a Monday evening, I think I was the last person up in the house, we do not sleep in that house; my master, and my mistress, and a man servant sleep in it, I left the house that night before it was broke open; there is no servant here that was in the house when it was broke open; my mistress is not here, I left the house about eleven, there is a floor up stairs, my master and mistress sleep in a little bed-room even with the shop; when I came away I shut the door after me, and put the flap down, and pushed the hatch over it, that is the only fastening it has; when I came away the kitchen window was down; I came on the next day between seven and eight in the morning, the people were all up before me, I missed the things in the indictment when I went there in the morning; I should know the tablecloth, I cannot swear to any of them, I am certain to the number that were lost. JOHN CROUCH sworn. I am a pawnbroker in Berwick-street, I live with Mr. Aldus, I produce all the things mentioned in the indictment, except the oyster knife, the constable has that; I stopped the prisoner on Tuesday the 17th of March, about two o'clock, he brought the things, he asked to pledge the table-cloth for three shillings, and said he had some plate in his pocket; I asked him to let me look at it, and he said, he wanted either to sell it or pledge it; I weighed it, and said, will fifteen shillings do for you to sell them? he said yes, if you will not give any more; I was confident he had stole it, or the person who sent him: he said he had them from Mr. Satchell in Park-street, Grosvenor-square; I sent for an officer, he searched him; then he said he had them from his father last Christmas; I caused the things to be advertised, and the prosecutor came the next day. (The things deposed to by the prosecutor.) Prosecutor. The tea-spoons marked W A B; the table-spoons I had from an old lady who is dead; they have cyphers, I cannot tell what they were; there is the B on the dresser-cloth; I believe there is no mark on the table-cloth. Jane Harris . I believe the things to be my master's, I cannot swear to them. WILLIAM BLACKETER sworn. I belong to the office in Poland-street, I produce this knife, which I had of the prisoner on the 17th of March, about two in the day; I searched him in the office, and took him from the pawnbroker's; I have kept the knife ever since. Prosecutor. I am sure it is mine, I had the handle rasped, it was a great deal larger. PRISONER's DEFENCE. As I came in on the morning that the robbery was committed in the garden, and walking backwards and forwards for some employment, I had been out of place; I found the things between a watch-box and a stand, it was covered with straw, it was this property; I took it to the pawnbroker's, and asked half a guinea for it in pawn. Prosecutor. He was a servant of mine, he lived with me about a month, he came out of the country, and while he lived with me he was very honest, but I believe distress and hunger has drove him to this; he left me two months before this happened in a hurry, one morning his father sent up things to market; I owed him a little money, and he asked for his wages when he went away; he assigned no reason for leaving me; I have entrusted him with money at different times. The prisoner called two witnesses, who gave him a good character. Court to Prosecutor. When did you see these spoons before? - The morning before they were taken, they were used in common; when we get up in a morning this flap door is left open; I do not know whether it was taken before I went out or after; it is a thoroughfare for twenty different people. GUILTY, Of stealing only . Tried by the first Middlesex Jury before Mr. ROSE. [Transportation. See summary.] 306. WILLIAM NICHOLLS and JOSEPH BATES were indicted, for burglariously breaking and entering the dwelling-house of John Twyford , about the hour of eight in the night of the 27th of February , and burglariously stealing therein, a piece of silk and cotton velvet, value 10 s. his property. JOHN TWYFORD sworn. I am a shopkeeper ; I live at No. 50, York-buildings in the Strand ; on Friday the 27th of March the robbery was committed; I had a suspicion, for a pane of glass had been broke on the Monday before, and another on the Wednesday; I had a suspicion, as there had been several suspicious people about the shop; on Friday about half after seven o'clock I went over the way; I left a boy in the shop; I was over the way in the passage, and about eight o'clock I saw two people in the window, and I saw one of them take something out of the window; I ran across the road, they went different ways; I came up to J. Bates, he was going towards Charing-cross, then he began to run; I pursued him about two or three hundred yards, and took him; I never lost sight of him; I found nothing on him; I brought him back to the shop, and found the other prisoner in the shop; it was not Bates that took the things out of the window. Court. How near was Bates to the person that took the things out of the window? - About a yard, they were together at the window, I think I perceived them both in company together several times within the half hour, but I will not swear to that; I saw them come up together, but I did not see Bates touch any thing. Had you seen them speak together? - I cannot swear that, there were five or six of them together in the course of the half hour. I think you say, when you came up to Bates he ran? - He did. WILLIAM EAST sworn. On Friday, the day of the robbery, I was in an opposite passage to the shop; I saw Nicholls standing at a window, and about eight o'clock I saw him take out this waistcoat-piece from the window; he had a great-coat on; there was a little breach in the window, I saw him take it out, and put it under his coat; I believe the breach was made before, I did not see him make it; he was knocked down, and I picked him up, and took the piece from under his coat; I can't swear to the other prisoner. (Property deposed to by Mr. Twyford.) PRISONER NICHOLL's DEFENCE. At the time I was taken up, and taken into Mr. Twyford's shop; there were two others taken up, and they could not tell which of us it was; there were two young men running along, and one of them have the piece down at my feet, and I picked it up, and I was knocked down, and taken directly. - NICHOLLS sworn. I am father to the prisoner Nicholls; he is about 19 or 20; I bred him up to the sawyer's business; he was apprentice to a Mr. Goodchief, he served about four years of his time; he left his master because he had no employ for him; I never heard any harm of him before; he used to work for different people. The prisoner Bates called one witness, who gave him a good character. WILLIAM NICHOLLS , GUILTY, Of stealing, but not of the burglary . JOSEPH BATES , NOT GUILTY , Tried by the second Middlesex Jury before Mr. RECORDER. [Transportation. See summary.] 307. WALTER SCOTT was indicted for feloniously making an assault, on the King's highway, upon Ann Richardson , on the 30th of March last, and feloniously taking from her person, and against her will, a metal locket, value 2 s. her property. ANN RICHARDSON sworn. I was a servant to Mr. Belcher of No. 1, Cow-lane, East-Smithfield; on the 30th of March, I had been to Wardour-street; I was coming back, and about eight o'clock the prisoner met me the corner of Drury-lane ; the prisoner passed and re-passed me several times; Mrs. Wilson was with me; I never saw him before that evening; he hit against my shoulder, and I said go along fellow, you are drunk; he says, am I drunk? with that he clasped me round, and whipped my locket away, and ran away; I was so frightened that I did not miss it; witness told me he had took my locket away; we both called out, stop thief! and he was taken by the constable almost directly. Court. How long did the prisoner stay with you? - He did not stay, he only passed and repassed. He only said, am I drunk? - Yes, Sir, that was all. How long was it before you missed your locket? - Ten minutes. Did you talk to anybody else beside the prisoner during this ten minutes? - No, Sir, only with a woman that was walking with me. ELIZABETH WILSON sworn. The prisoner had been with me to inform me she was going to leave her place; and asked me leave to let her sleep with my children on the next night; I was walking with her to see her part of the way, and at the corner of Drury-lane, we were going to part, and the prisoner came and pushed against her; and she said, go along, you are drunk, you nasty fellow; and he put his hand round his neck, and I saw him snatch the locket out of her handkerchief; he had passed and repassed us several times; there was nobody else with us; we cried, stop thief! and he was soon after taken. EDWARD TREADWAY sworn. I am an officer; I took the prisoner on Monday evening, the 30th of March; he ran up a court in Drury-lane; I struck at him; I took this pin out of his hand, and we went before a magistrate; it is a remarkable pin, it is a cooper with an adz, she described it before she saw it. (The locket produced, and deposed to.) PRISONER's DEFENCE. I was coming along, and I passed those women, and the prosecutrix asked me to give her something to drink; I said, I would not, and just by her I saw this locket lay; and I pickt it up, and she asked me for it, and I would not give it to her; and I went away with it directly. Court to Treadway. I think you say, she described the pin before you shewed it to her? - She did, my Lord. GUILTY, of stealing only . Tried by the second Middlesex Jury before Mr. RECORDER. [Transportation. See summary.] 308. JOHN DAGLEY was indicted for stealing, on the 4th of April , fourteen pounds and a half weight of copper, value 10 s. the property of John Buhl the elder , and John Buhl , the younger . (The case opened by Mr. Silvester.) NATHANIEL STEVENS sworn. I am servant to Mr. Curtis the glazier, who was employed at the Bank; on the 4th of April between twelve and one at noon, I perceived a kind of hammering, I was cleaning a lamp, I went up to the top of the building, I returned, and afterwards heard the same rummage, and I went into the place they call the Slip in the Bank, and I heard a door open, and I perceived the prisoner open the door; he had a blue coat on, he came down, and I perceived as he came down by one of the doors of the Warrant-office, that he had some copper under his coat, under his arm; I put my hand on it and I felt it; I collared him and I asked him what he had got; he said never mind; is my labourer here? I am going to Petticoat-lane, and we will get something to drink; I then ran into the Bank coffee-house, to see if any gentleman who belonged to the business was there; and from there I went to the White Horse, and got another person to assist me, and we followed him and took him in Throgmorton-street, opposite to Draper's Hall. JOHN MOAT sworn. I am a carpenter, I was called by the last witness, and we pursued the prisoner, I took him and took this copper from him. JOHN BUHL sworn. I am a coppersmith and brazier , in partnership with my father John Buhl ; we were employed to cover the Bank with the copper; this piece of copper is taken from the Bank, it is the property of me and my father, I can swear to the property; it is made particular by the size and weight; they were all piled one upon another, they were not laid; there were twenty in the pile, and after this happened, there were but nineteen. WILLIAM STELLARD sworn. On the 4th of April I saw the prisoner, it was at the Bank, come down the stairs with a piece of copper; I am sure he is the man. PRISONER's DEFENCE. I was so very drunk I do not know how I got it. GUILTY . Tried by the London Jury before Mr. Baron HOTHAM . [Imprisonment. See summary.] 309. ELIZABETH ROBINSON was indicted for stealing, on the 6th of April , three pair of worsted stockings, value 5 s. the property of John Waddle , privily in his shop . JOHN WADDLE sworn. The prisoner came into my shop on last Monday fortnight; in the evening, between six and seven o'clock, and took three pair of stockings; there was another woman with her, she asked for some muslin, she looked at two or three pieces; she was seen to take the stockings by a person in the shop, she had them under her arm. SARAH WADDLE sworn. The prisoner came in with another woman, I shewed her two or three pieces of muslin; none were good enough for her; I had suspicion, I put my muslins aside, and while I turned round, I perceived she had got the stockings under her arm; I asked her to give them to me, and I called Mr. Waddle; I am sure they are mine. PRISONER's DEFENCE. They had dropt down, and I picked them up. GUILTY, Of stealing only . [Transportation. See summary.] Tried by the first Middlesex Jury before Mr. RECORDER. 308. RICHARD DICKENSON was indicted for stealing, on the 16th of March , three wooden casks, value 2 s. two gallons of shrub, value 10 s. two gallons of brandy, value 10 s. and two gallons of rum, value 10 s. the property of Edmund Wood . EDMUND WOOD sworn. I am a distiller , I received information of the robbery on Sunday night; the liquors were seen in the coal-hole in my own house; I know nothing of it myself. ROBERT SEALY sworn. I am servant to the last witness; I found a hamper in my master's coal-hole, containing three small casks, on the 15th of March, between one and two in the afternoon, they were two gallons each; two of brandy, two of rum, and two of shrub; I don't know how they came there, the prisoner at that time was shopman to my master. LEONARD JOHNSON sworn. I am an officer of excise, I went to survey the house on Sunday the 15th of March, between four and five in the afternoon; Robert Sealy asked me to tell him what was in the hamper, it was just at the edge of the coal-hole, he desired me to go in and look at it, I told him I could not tell; we opened it, and it contained two casks of brandy, two of rum, and two of shrub; two pair of stockings, two lumps of sugar, and two bottles of wine; the hamper was sewed up again, and put in the same place with the same things in it; I saw it again on the 27th, it come to the constable's house, and one of the lumps of sugar was gone, and the two bottles of wine were gone also. HENRY HALES sworn. I saw the prisoner take a hamper out of the house, I am porter to Mr. Woods, he took it off the counter on the 16th of March, about seven o'clock in the morning; he took it himself, I was opening the shop; I don't know what it contained, nor where he took it to. THOMAS LOCK sworn. Sealy called me on Sunday in the afternoon, to examine the hamper; I know no more than what the excise officer has said. HENRY EDWARDS sworn. The prisoner brought the hamper into the White Bear, Basinghall-street, I forget the day of the month, it was on a Monday, between seven and eight o'clock; he left it there to go by the Doncaster waggon, I am the waggoner, I believe it was not booked; I was to carry it to Doncaster, and it was to be left at Mr. Jackson's warehouse at Doncaster, until he called for it himself, he told me so himself; I carried it to Stamford, and I received an order from Thomas Newstead to send the parcel back again, and to direct it to Thomas Newstead , at the White Bear, in Basing-hall-street. Court. Where is that order? - I lost it. When; how long ago? - Two or three days, I shewed it to several people, and they said it was of no use; one of them kept it. Who was that? - I don't know, if I saw him I should know him again. Is he here? - I don't know. Wood. Thomas Newstead is here that wrote it. Court. That will not do; did any of Mr. Wood's people take it? - I don't know, they were all about when I lost it; when I got to Stamford, I sent it back again by one David Thompson , a waggoner. Court. Is he here? - No, I believe not. What is become of him? - I don't know, he is about his business; I opened the hamper at Stamford, and there were in it two sugar loaves, and two bottles of wine, and two pair of stockings; I had opened it at Welling, and I took three keggs out of it at Welling, and I left them; there was no permit, and I was afraid some damage would come to the waggon; Sealey had came in a clandestine manner, and wanted to know where the waggon lay that night, and we suspected the hamper, and opened it. THOMAS NEWSTEAD sworn. I am a porter at the White Bear in Basinghall-street, the prisoner brought the hamper on the 16th of March, between seven and eight in the morning; I knew him before, there were directions on it, which went with the hamper, I never saw it afterwards; when he brought the hamper in there were several people present, and I said, Dickinson, it shakes; and he said, ah, there is nothing in it of consequence, only two or three small bottles of wine, and then he walked out of the yard, he said no more, nor gave any more direction about it, after he had set it down in the yard; I saw the hamper afterwards; it came back from Stamford on a Wednesday, I cannot tell the day of the month; Mr. Wood had the directions both down and up again; I can't swear to the hamper being the same which the prisoner brought into the yard. Court to Wood. Where are the directions? - My Lord, I have not got them now, I have a copy of them. Court. That will not do; where are they? - They are torn to pieces. Have you any more witnesses? - No, my Lord. NOT GUILTY . Tried by the London Jury before Mr. Baron HOTHAM . 309. JOHN NEATLEY was indicted for stealing, on the 14th of March , one pound of hyson tea, value 14 s. the property of the East India Company . A second count, laying it to be the property of persons unknown. The case opened by Mr. Silvester. WILLIAM STAMPER sworn. I am a labourer in the East India Company's employ, the prisoner was the same, we were stationed in Seething-lane: on the 30th of March we were employed in nailing up teas in the same room together; I observed the prisoner's hand going in and out the sample bags three or four times, and I believe he then put it into his pocket, I found there was some tea in his great coat pocket; I informed Mr. Pather, and he informed Mr. Bell; as soon as Mr. Bell was acquainted, he looked round for Neatly, and he was missing; he was observed to go up stairs. Mr. Garrow, Prisoner's Counsel. Did the prisoner know you was at work at his pockets? - I don't know, I believe not. How long have you known him? - I believe five or six months. Was you always on good terms? - Yes. The sample bags are returned to satisfy the broker that the tea is of the same quality as the sample? - It is. The weight of the sample bag is of no importance? - No. It was out of the sample bag he took it? - Yes. PETER BELL sworn. I am the same as the last witness, I went up stairs, I looked through the crevice in the long room, there I saw him put his hand three times into his pockets, and take up tea, and put it into his handkerchief; then I went round to him, and told him he had gone too far, I took him down stairs; when I went down there was no officer, I put him into the place where the men were, they saw him, and were acquainted with the business; then an elder took out a handkerchief with some tea in it; I found some tea in a bag in another place, which drew with a string. ADAM RUTLEDGE sworn. I am assistant-elder; I searched the prisoner, and found two parcels of tea; I took some handkerchiefs out of his pocket; and Bell took this out of his other pocket, as soon as he came into the room, he said, he hoped I would not take his bread from him, and he would put the tea into the chests again; I told him it was too publick, I was likely to lose my own bread; I had not the least suspicion of him, he was a very well behaved civil man, and always very obedient to his orders. Mr. Garrow, Prisoner's Counsel. I believe you have not a man of better character in your warehouse? - No, he is a man of some property, and of a very creditable family. Had you an opportunity of knowing what sort of a man he was when in liquor? - I cannot say. FOR THE PRISONER. Mr. Deputy MERRY sworn. I am one of the Deputies of this City; I have known him about forty years, he is of a very respectable family, for whom I have a very great regard, and am very sorry to see him here; his character has been esteemed an honest one; I always thought him a weak man, but there was a degree of good nature about him. HENRY FOX sworn. I have known the prisoner upwards of twenty years; he is a very honest hard working man; if he gets a little in liquor it touches his head, but he has distressed himself by good natured actions. STEPHEN LEESON sworn. I have known him above twenty years; he bore a general good honest character during the whole time. Tried by the London Jury before Mr. ROSE. 310. JOSEPH SMITH was indicted for stealing, on the 13th of October , a cloth coat, value 20 s. a dimity waistcoat, value 5 s. the property of Thomas Collinson . THOMAS COLLINSON sworn. The prisoner lodged at the house where I did, at Hogsdon; he had been there about eight days before I lost my things; I lost them on the 13th; there were two beds in the same room; he had one, and I the other; and when I got up I laid my things on the box; on Monday morning I got up at five o'clock, it was on the 13th of October, and went to work; I left my coat, it was a blue coat, and a white dimity waistcoat; I left the prisoner in bed when I got up, and returned home at night about seven, when I missed my things; the prisoner was not at home then; the next time I saw him was in Tothill-fields in custody, it was two months after; I heard of it from the people where I lodged, they said, he was taken up; I found him at Tothill-fields; I found my coat and waistcoat at Mrs. Lowe's in Baldwin's Gardens; I did not ask him to tell me where they were; he told another person, of the name of Clark, first, and then he told me, that he pawned them on the same day in Baldwin's Gardens; it was the first time I saw him there that he told me; I first asked him, how he did? and then he said, he had taken my clothes, and had pawned them in Baldwin's Gardens for 18 s. Court. Did you hear the conversation between him and Clark? - No, I did not. Is Clark here? - No, my Lord. Why did not you bring Clark here? Prisoner. Did not the witness issue a warrant against me for taking the things; and when he came to Tothill-fields Bridewell, he tore it, and said nothing should hurt me? - No, my Lord, I did not; he was in for another offence; after he told me where the things were, I said I wished he was out. WILLIAM PAYNE sworn. I am servant to Mrs. Lowe, a pawnbroker; the prisoner pawned these things on the 13th of October; I knew him before; I have no doubt as to his person. (The property deposed to.) PRISONER's DEFENCE. Clark and another person came first, and after some conversation, they persuaded me to tell where the things were, and that they were sure he would not hurt me; that he was a working man, and had been out of work some time, and that it would be easier for him to take them out than buy others, as they supposed I had not pawned them for the value; afterwards the prosecutor came in, and I told him where they were; and he said he would not hurt me. GUILTY . [Transportation. See summary.] Tried by the first Middlesex Jury before Mr. RECORDER. 311. ANN SMITH and CATHERINE POWELL were indicted, for stealing, on the 3d of April , a silver watch, value 40 s. a seal, value 1 s. a pair of silver shoe-buckles, value 12 s. a silver stock-buckle, value 2 s. a silk handkerchief, value 1 s. five guineas and five shillings, the property of Thomas Andrews , in the dwelling-house of Thomas Callender . THOMAS ANDREWS sworn. On Friday, the 3d of this month, I went into a publick-house between 10 and 11 at night to get a pint of ale, at Mr. Brown's, the bottom of Plough-alley, in Wapping: the prisoner Smith was in the house when I went in, Alexander Chaney was with me; and Ann Smith and another came and drank with us; then Ann Smith asked me to go with her home; I went; I left Chaney at Brown's; she took me to a Mrs. Calendar's, which is in Plough-alley, it is a private-house; we went up stairs, and she sent for a light, and I sent for a shilling's-worth of brandy, after that I sent for another shilling's-worth, we drank part of that, then the mistress sent up for 2 s. for the bed, then the candle was blown out, and I was thrown down on the bed; I cannot say there was any body else but her, the candle being out; I was very much in liquor, and I apprehended she was going to undress me; she said she would, she began to unloose my shoes; I lost my watch, and my buckles, and my handkerchief, stock-buckle, five guineas and five shillings; I am sure I had them when I went in; after I had lain a little while, two women came up, and they bundled me down stairs, and cut my hand, and pushed me out of the house; then I went into a house over the way, and they seeing what a condition I was in, they washed me, and wrapped up my hand; Ann Smith said before the Justice that she had pawned my watch, she was taken up the 20th of this month; I do not know whether her examination was taken in writing or not; the Justice sent for the watch, and it had been taken out; she said she gave Mrs. Callender three guineas and my buckles, and a guinea was given to a Mrs. Leonard; she said, what was done in Mrs. Callender's house Mrs. Leonard had part; and what was done in Mrs. Leonard's Mrs. Callender had a part. Court. Are there any of Mr. Smith's officers here? - No. Why is not Mrs. Callender taken up? - I do not know. Court. She appears to be the principal person. ALEXANDER CHANEY sworn. I was with the last witness at the publick-house, the prisoner Ann Smith was with us; he had his watch in his pocket, and his buckles in his shoes; about an hour after he went out I went to look after him; I went to Mrs. Callender, and she said he was not there; I knew he was in the house, the people on the opposite side of the way told me he was there. PRISONER ANN SMITH 's DEFENCE. The prosecutor went home with me, and he went up stairs; we had several shillings's-worths of brandy and water; I left him on the bed, and came down stairs, and Mrs. Callender made me go up, and rob him; she threatened me if I did not, I refused it once or twice; I afterwards went up, and robbed the man, and Mrs. Callender took the money from me; Mrs. Leonard had a guinea of the money. PRISONER POWELL's DEFENCE. I was a servant in Mrs. Callender's house, the prisoner came home, and brought the gentleman with her, and they went up stairs; they asked me to fetch them some brandy and water, which I did, and they gave me some; I went several times, I fetched a shilling's-worth at a time; he gave me two sixpences, I believe, every time to pay for it; when I was in the kitchen I heard Mrs. Callender tell her to rob the gentleman, and she made her do it. Court. Is any of Mr. Smith's officers here? - No. Court. Let somebody be sent for from Mr. Smith's office; this appears to be an infamous piece of business; and I wish to be satisfied, why Mrs. Callender was not taken up, and included in this indictment; and Mrs. Leonard also for receiving a part of the property knowing it to be stolen. ANN SMITH , GUILTY . [Death. See summary.] CATHERINE POWELL , NOT GUILTY . Court. It will be necessary to indict Mrs. Callender and this Mrs. Leonard for receiving the money, and Mr. Callender for keeping a disorderly house; therefore let Catherine Powell be detained in order to give evidence of this infamous transaction. PETER MAYNE sworn. I am an officer belonging to Mr. Smith's office. Court. Do you know what has become of Mrs. Callender? - I have been after her night and day, and I could not find her; and her husband, and William Whiteway , an officer, threatened to indict me and Mrs. Noble for a conspiracy; Mrs. Noble assisted the prosecutor with money to find the bill; Wilkinson was witness to Whiteway's threatening me; if I could have found her, my Lord, she would have been put in the bill; Wilkinson was a witness to their threatening me. JOHN WILKINSON sworn. I heard Whiteway say, that every step should be taken to punish Mayne. Court. Callender the husband has not absconded? - No, my Lord. Mayne. I have been after Mrs. Callender day and night. The Court ordered, that proper steps should be taken to apprehend Mr. and Mrs. Callender, and Mrs. Leonard, in order to bring them to justice; and Mr. Callender and Mrs. Leonard were soon afterwards taken into custody. 312. JOHN TOVEY was indicted for stealing, on the 8th of April , 32 lb. weight of lead, value 10 s. the property of Thomas Herbert , affixed to his dwelling-house , against the statute. THOMAS HERBERT sworn. I am a housekeeper at Hommerton, in the parish of Hackney ; on Wednesday the 8th instant, about a quarter past nine in the evening, I missed the lead; I saw it on the Monday before, it was a pipe that leads down the water from the top of the house, the lower part of the joint was pulled out from the upper part. JONATHAN STONE sworn. I am a coal-merchant, I live at Mr. Herbert's; between nine and ten on Wednesday night, the prisoner at the bar and another man came up to me; I was standing on the steps at the house; I went into the house; I had been in about a quarter of an hour, I heard a knocking at the windows; I came out, and perceived there was lead taken away from the house; I went out on the road, and overtook the prisoner with another man; I told them, I believed they had taken some lead from a house where I had seen them, and the man that was with the prisoner dropt the lead, and ran away; they were walking together the same way; I did not hear any conversation pass between them, the prisoner attempted to run, and I stopt him; I held him 'till Mr. Herbert came to my assistance; and he took the pipe up; I never saw the prisoner before, but I am sure as to his person. JAMES GRIFFITHS sworn. I am a constable; I received this lead from the cage where the prisoner was confined by the direction of Mr. Herbert; I compared it, and it fits exactly. PRISONER's DEFENCE. I was walking along the road, and the gentleman ran after me, and took hold of me; and said I had been stealing his lead; I don't know where his house is. NOT GUILTY . Tried by the second Middlesex Jury before Mr. ROSE. 313. THOMAS HOLLOWAY was indicted for stealing, on the 7th of April , two linen gowns, value 10 s. a petticoat, value 5 s. six silver tea-spoons, value 6 s. two gold rings, value 5 s. the property of Charles Roogrove . CHARLES ROOGROVE sworn. I am coachman to Mr. Welling; I lost the things mentioned in the indictment from out of my apartments, which are in the coal-yard, Drury-lane ; I am a lodger, they were in a box which was locked, it was forced open; I missed them on Easter Sunday in the afternoon, about five or six o'clock; I had seen them on the Monday before. JOHN EDMUNDS sworn. I am a silversmith, an apprentice to Mr. Essex, on the 7th of this instant the prisoner brought two silver tea-spoons to our shop for sale; they were very dirty; and he said, he had picked them up the corner of Essex-street in the Strand; he said, he had just picked them up; I stopt him and the spoon; I know no more; I have had the tea-spoons ever since. TIMOTHY GODDARD sworn. I am an officer, the prisoner was brought to Bow-street by the last witness; I was ordered to search him, and I found on him two gold rings which the prosecutor claimed. (The tea-spoons and rings deposed to.) PRISONER's DEFENCE. I received the things from a man, he said they were his; and I went to sell the spoons, and I was stopped. The prisoner called four witnesses, who gave him a good character. GUILTY . [Whipping. See summary.] Tried by the second Middlesex Jury before Mr. ROSE. 314. JAMES WOOD was indicted for stealing, on the 20th of March , a pair of leather boots, called half boots, value 5 s. the property of Daniel Gilkes . DANIEL GILKES sworn. I keep a sale shop ; I know nothing of the robbery; I had seen the property on the same morning. JOSEPH ADAMS sworn. I am a shoemaker; I saw the prisoner take the property as it was hanging at Mr. Gilkes's door, it was on Friday the 12th of March, between three and four in the afternoon, he run away with them; I stopt him, and brought him back again with the property, he was never out of my sight. (The property deposed to by the prosecutor). GUILTY . [Whipping. See summary.] Tried by the second Middlesex Jury before Mr. ROSE. 315. ROBERT SAVORD was indicted for stealing, on the 23d of March , a cloth great-coat, value 10 s. the property of Thomas Ladley . THOMAS LADLEY sworn. On the 23d of March, Monday, about three o'clock, I lost my great-coat from out of my parlour; I had seen it about half an hour before. SUSANNAH CLAYTON sworn. I am servant to Mr. Ladley, the prisoner knocked at the door, and asked for Mr. Ladley; he begged to wait 'till Mr. Ladley came in; he turned back out of the parlour, and asked for a glass of water; he went out softly with the great-coat under his arm; he began to run, and I called a shoemaker, and said he had stole the coat, he was taken in about an hour after; I am sure the prisoner is the person. RICHARD ROBERTS sworn. I went to look after the prisoner by desire of my master; the last witness, who is Mr. Ladley's servant, came over to my master, and said, the man had taken her master's great-coat; and I saw the man coming in a coach, with a great-coat over his arm; I had just come out of the Fox publick-house; I saw the prisoner get into the coach, with two bundles and the coat over his left arm; I followed the coach, and he got out at the turnpike; I told the coachman he had stole the great-coat; and the prisoner said, I was some saucy boy or other; I followed him to the White Horse cellar, and catched hold of the great-coat; and said, he had stole it; I told a footman, and he hallooed out, stop thief! and he was afterwards taken; I am sure as to the person of the prisoner; I saw the coat about five minutes after he was taken; he dropt it as he was running. WILLIAM SLATER sworn. I am a labouring man at a wine merchant's; I took the prisoner at the bar; he was running; he had this great-coat under his arm, and he dropt it near the Queen's Arms in Duke-street; I took him within twenty yards from where he dropt it; I never lost sight of him from the first time I heard the call of stop thief. (The property deposed to by the prosecutor, and Mr. M'Guire, a taylor, who made it.) GUILTY . Tried by the second Middlesex Jury before Mr. ROSE. 316. JOHN WISE was indicted for stealing, on the 9th of March , two ounces of burnt silver, value 10 s. the property of John Davey . JOHN DAVEY sworn. I am a coachman ; I had some silver lace I had saved in my service, part of which I burnt; I went to get some more burnt at Long-Acre, at Mr. Plant's; while it was burning, the prisoner came to me, and tapped me on the shoulder; and said, take care they do not cheat you out of the silver; what was burnt was in the pan on the fire; it was on the 9th of March; we thought the prisoner belonged to the shop; and the refiners thought he belonged to us; after the pan was taken off the fire, I asked the prisoner to fetch two pots of beer, and he should partake of it; he went and ordered it, and came back in about two minutes; I was watching the man who was refining, and he came and took this which was burnt, and lay on the block in Mr. Plant's shop, and whipped it into his left-hand pocket; I caught hold of him; and asked him, what he was going to do with my silver? I asked the refiners, whether they knew any thing of him? they said, no; and I pulled his hand out of his pocket, and he put the ball of silver into my right-hand; it was the lump of silver which we had burnt at home, and carried to Mr. Plant's to be refined; I am sure it is the same. JAMES BOWMAN sworn. I saw the coachman pull the prisoner's hand out of his pocket, with the silver in his hand. PRISONER's DEFENCE. I had been to Mr. Plant's to sell a shilling which was crackt in two; I was there when these gentlemen were there; I went to order a pot of beer, and when I came back, they asked me to drink; I had the burnt silver in my hand weighing it, and my other hand being lame, I put it in my pocket while I drank. GUILTY . [Transportation. See summary.] Tried by the first Middlesex Jury before Mr. RECORDER. 317. WILLIAM JONES was indicted for stealing, on the 17th of April , a silver watch, value 40 s. a pair of velvet breeches, value 5 s. a man's hat, value 5 s. and a handkerchief, value 2 s. the property of Richard Watson . RICHARD WATSON sworn. On the 17th of this month, in the morning, when I awoke, I missed my watch; I know the prisoner, he lay with me on the same night on the 16th; he went to-bed with me; I locked the door; I was sober when I went to-bed; the next morning I awoke, about six, the prisoner was gone, I missed my watch and my breeches, not the breeches where the watch was, but another pair; my hat was on a nail over bed's head, and my silk handkerchief was over the chair with my breeches; they were all taken away; I got my breeches again; I acquainted the two other witnesses of my loss; we went to the Phoenix publick-house, in Ave-Maria-lane; the prisoner was calling for some gin at the bar; the moment he saw me he ran out at the back door; John Spence went round after him, and he ran back into the same publick-house, and came through again, and went into Black-horse-court; he went in at the first door on the right-hand side, he locked the door; we knocked, and a woman let us in, and we found him in the garret; we found the breeches behind the grate; there was no one in the room but him, he had bolted the garret door, and the woman of the house gave us leave to break it open; and we did, and took him. (The breeches deposed to.) JOHN SPENCE sworn. The prosecutor acquainted me with his loss, I went with the prosecutor, and we found him at the Phoenix in Ave-Maria-lane; we took him in Black-horse-yard, he had locked himself in the garret, and the women gave us leave to burst the door open, and we took him; we found the breeches in the room. JAMES GARDNER sworn. I know the prisoner, he is the man that slept with the prosecutor. PRISONER's DEFENCE. I never touched any of his things. GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 318. MARY JONES was indicted for burglariously and feloniously breaking and entering the dwelling house of James Bennet , between the hours of one and three in the afternoon of the 7th of April , and burglariously stealing therein, two linen gowns, value 12 s. one black stuff gown, value 5 s. one black bonnet, value 2 s. a pair of black slippers, value 2 s. two frocks, value 3 s. two linen shirts, value 6 s. two linen shifts, value 4 s. and a pair of black velvet breeches, value 5 s. and two pair of stockings, value 2 s. the property of the said James Bennet. JAMES BENNETT sworn. I can only prove the property. MARY BENNETT sworn. I am the wife of James Bennett : I went out to work on the 6th of April, between ten and eleven in the morning, I was going for the whole week to my brother-in-law's, till he got a servant; my husband was there too; there are other people live in the house; when I went out I left the lodger in the one pair of stairs at home, it is the house of Richard Long , he does not live there himself, it is let out in tenements; I have a two pair of stairs room, I left nobody in my apartment, I locked the door and took the key with me, I left the casement open, there is no street-door to the house, there is no garret over the two pair of stairs, they could not have got in from the roof of the house; there are two side sashes to the casement, and the middle one opens; a person came to me on the Wednesday morning, and told me my place had been broke open; I went home directly, I found the door open, and the staple and padlock, which was on the outside of the door taken away; my box was broke open, and the things mentioned in the indictment were taken away; part of the property is in Court; I know the prisoner by seeing her go up and down to a woman in the two pair of stairs on the same floor, and the same house; she was taken up on Thursday morning; part of the things were found in Field-lane, at the house of a Mr. Welchman; I know no more but proving the property. ELIZABETH BROWN sworn. I live in Rose-court, Turnmill-street; on the 7th of April I saw the prisoner come out of the house with a large bundle of things in her apron, it was between one and two on a Tuesday; I knew the prisoner before, I had seen her come up and down the court several times, she spoke to me when she had the things; she asked me how me and my child were, and she went out of the court; I am positive as to her person. JOHN WELCHMAN sworn. I live in Field-lane, I bought these things I have here of that Jew on Tuesday the 7th of April, in the afternoon about four o'clock; I have often bought things of him before. Court. Did you ask him any questions? - No. How came you not? - I have often bought things of him before. Court. Do you make a practice of buying things of any body, without asking them how they came by them? - I have known him a good while before. JOSEPH EWIN (a Jew) sworn. On the 7th of April I sold Welchman two shifts, two shirts, and some stockings, I bought them of the prisoner on a Wednesday about two o'clock, and I sold them at four the same afternoon; I bought them in an open public street, leading to Saffron-hill; she was a stranger to me, I am sure the prisoner is the woman. ELIZABETH TROTTER sworn. I have some things I bought of the woman, and some of the Jew; I live on Saffron-hill, I saw the Jew buy some things of the woman, but I will not swear to the prisoner; I saw her, I bought a gown and a pair of shoes of her, because the Jew had no more money; I lent the Jew some money to pay the woman; I cannot swear to the woman, I did not take notice of her much; I knew the Jew before. Court. Had you ever seen the woman before? - Not to my knowledge. Court. It is a very bad practice of buying things of those whom you do not know. WILLIAM GOUGH sworn. Mrs. Bennett came to me, and desired me to go to Welchman's, as she saw some of her property hanging at the door; I am an officer, the woman was then in custody; Welchman was apprehended by me, and a neighbour of his passed his word for his appearance, and afterwards he informed me that he had found the Jew; I took the Jew into custody, and I asked him if he thought he should know the woman; he went to Justice Pickett's with me, and the woman was brought down there; there were four or five more, and he picked her out directly. The property deposed to by Mrs. Bennett. PRISONER's DEFENCE. I know nothing of it, I never was up the stairs in my life. Court. What may be the value of the things you lost? - Two pounds three shillings. GUILTY, Of stealing to the value of 39 s. but not of the burglary . [Transportation. See summary.] Tried by the first Middlesex Jury before Mr. RECORDER. 319. JOHN RUSSELL was indicted for stealing, on the 24th of March , two muslin neck handkerchiefs, value 2 s. the property of William Kennedy . WILLIAM KENNEDY sworn. On Tuesday the 24th of last month, about ten in the morning, I went out from Newgate-street to go to Chelsea; I am a linen-draper ; when I returned I found a pane of glass in the window had been broken, and two handkerchiefs taken out; the prisoner was then in custody in Wood-street Compter. WILLIAM GROVE sworn. On the 24th of last month I saw the prisoner and two others lurking about, I had a suspicion, I watched them, they went up a court, and had some conversation, they came back, and went to the shop-window of the prosecutor; I heard some glass break, and saw the prisoner with something white in his hand, I pursued him, and knocked him down, and took those two muslin neck handkerchiefs out of his pocket. The property deposed to by the prosecutor. PRISONER's DEFENCE. I picked them up in Newgate-street. GUILTY . Tried by the London Jury before Mr. RECORDER. [Transportation. See summary.] 320. WILLIAM REED was indicted for stealing, on the 25th of March , a cotton waistcoat, value 3 s. a man's hat value 2 s. a neckcloth, value 1 s. and a pair of plated spurs, value 2 s. the property of Thomas Chapman . THOMAS CHAPMAN sworn. The prisoner was a fellow servant of mine at Mr. Rucker's, he ran away from his place on the 25th of March; I missed some things on the night that he went away and the rest the next morning; his brother came up to town, and heard he had done this, and he and another took him, I saw him in Gracechurch-street, at Mr. Jacob's, about thirteen days after the fact with the things upon him; he had a silk handkerchief round his neck, and a neck cloth of mine on, he had the hat and waistcoat on, and the spurs in his pocket. (The property deposed to.) JOHN SHEPHERD sworn. I have seen Chapman wear those things before; I met the prisoner, I saw him at Mr. Jacobs's with the things on him. JOHN HAMMET sworn. I am an officer, I took the prisoner into custody. PRISONER's DEFENCE. He lent me the things, he had a new shirt of mine at the time. Chapman. There was a shirt hanging up at the time. GUILTY . Transported for seven years . Tried by the London Jury before Mr. RECORDER. 321. THOMAS GREENBANK and THOMAS WOOLLERTON were indicted for stealing, on the 19th of March , one cotton counterpane, value 3 s. two pair of sheets, value 12 s. one linen pillow case, value 1 s. the property of Edward White , being in a lodging room let to Thomas Greenbank as his lodging . A second count charging both the prisoners, on the same day, with feloniously stealing, one cotton counterpane, value 3 s. two pair of sheets, value 12 s. one linen pillow case, value 1 s. and two cambrick handkerchiefs, value 1 s. the property of Edward White . ANN PARKER sworn. On the 19th of March I was coming down Mulberry-court, Coleman-street, I heard the cry of stop thieves, I saw two men running, I saw Mrs. White's son lay hold of one of them, and the other ran past me with a bundle, I saw a gentleman run after him, and lay hold of him, I saw them tusling together on the ground, and the bundle lay in the kennel, I picked it up, and gave it to Mrs. White; it was the prisoner Woollerton that had the bundle, I am sure as to his person. MARY WHITE sworn. I am the wife of Edward White , the two prisoners came on Thursday the 19th of March, and asked me if I had a lodging to let; I said yes, but it was only half a bed to let, and that was in the garret, I told them I did not think it would suit them, as it was too dirty and too mean for them, they were genteelly dressed, they asked me to look at it, and they did, and Woollerton said to Greenbank, it will do for you; I asked them a great many questions, and they said they had a great chest to bring; I told them the price of the bed per week, and they agreed to take it, they came at half after eight at night; I wondered to see them both, for I thought it was only for one of them, I thought that he might be come to see the other home; then they desired to go to bed, I had only let the half bed to one of them, and I was surprised to see them both; I went up stairs to turn the bed down, and left them in the kitchen; then I came down, and they went up stairs, I began to have a little suspicion, and I went up stairs, and as I went up they both passed me; Woollerton opened the door, and they both ran out at the street-door; my son had just come in, and was in the kitchen, one of them had a bundle; I called out stop thief, and my son ran out and brought Greenbank back, and Mrs. Parker brought me the bundle. Court. Are these things in the bundle yours? - Yes, I declare by the God that made me they are. (The property deposed to by Mrs. White.) JOSEPH EDWARD WHITE sworn. On the 19th of March last the two prisoners came to lodge, my mother had let them the lodging, they came about half after eight o'clock, and went up stairs, my mother went up afterwards, and they both came down and rushed out; my mother called out stop thief, and I followed and took Greenbank, and brought him back. - BELLOWS sworn. I was going down Mulberry-court, and I saw a man rush by with a bundle, he dropped it, and I ran after him and took him. PRISONER GREENBANK's DEFENCE. I never saw any of them in my life; I was going along, and there was a cry of stop thief, and the young man stopt me. PRISONER WOOLLERTON's DEFENCE. There were several people running; there was a cry of stop thief, and I began to run, and a person laid hold of me. BOTH GUILTY . Tried by the London Jury before Mr. RECORDER. [Transportation. See summary.] 322. WILLIAM NOWLAN was indicted for stealing, on the 30th of March , five pounds weight of sena, value 10 s. the perty of persons unknown. TITUS HAYES sworn. I am a Custom-house officer; on the 20th of March, I am not sure as to the day of the week, it was between two and three o'clock, the sena was lost from Galley Quay, I saw it taken by the prisoner at the bar, William Nowlan ; he took it away out of a large bag, and put it into a small bag; he carried it away immediately, I saw him carry it away; I saw him stopt, and I saw Bramley take it from him; Bramley has had it ever since, it has not been owned; I believe there are about five pounds of it; the prisoner said another man gave it him. Court. Did you see the prisoner take it out of the bag? - I believe he did, there was another man with him, who was taken afterwards, and discharged by the magistrate; the property was found on the prisoner, he was taken on Tower-Hill. Court. Did you know the prisoner before? - I have known him about ten years; he used to work in the crane as a porter; I never heard any thing bad of the man before. - BRAMLEY sworn. I am a noon-tender (a watchman at noon from one to three at the Customs) the last witness called me; the sena was under my charge to see that nobody took any; I went up Galley-gateway, and followed the prisoner to Tower-Hill; I took the bag of sena from him; I have not known much of the prisoner, I have not known him above a month. PRISONER's DEFENCE. I was looking for a job of work on the quays; and a person gave me this sena to carry, and was to give me a pot of beer; the gentleman took me on Tower-Hill, and said I had stole the property. GUILTY . Tried by the first Middlesex Jury before Mr. ROSE. [Whipping. See summary.] 323. CHARLOTTE TISDALE was indicted for stealing, on the 2d of March , a flock-bed, value 2 s. a featherbed, value 10 s. a bolster, value 2 s. a pair of sheets, value 3 s. a linen sheet, value 1 s. a pair of bellows, value 6 d. the property of Thomas Ryley , in her lodging-room . THOMAS RYLEY sworn. I am a housekeeper . The prisoner lodged with me about 13 months; the prisoner and her mother took the room; they both lived together; her mother's name is Julia Welch ; they were to pay me 3 s. a week; they lodged there fifteen months; I did not miss any thing 'till the 7th of March; when I missed the things in the indictment, I missed all of them at one time; she had not left my lodgings, a person saw her take a large bundle out of my house. WILLIAM CATER sworn. I am a pawnbroker; the prisoner pawned a pair of sheets with me, on the 27th of of February she pawned one sheet, and on the 28th another; I am sure it was the prisoner, I had seen her before, I could have taken any thing in the world of her, she used to use my shop, and I always thought her honest. A WITNESS sworn. I am a pawnbroker; the prisoner left a feather-bed and a flock-bed with me, it was about the beginning of March; I am sure it was the prisoner, I had known her ten or eleven years; I purchased them, I gave her five shillings for one, and three shillings for another; they are old things, I have kept them from the time I have purchased them. ESTHER RYLEY sworn. I know the sheets to be my husband's property, because I have others of the same sort; I know the bed, more than half the feathers have been taken out, and I know the flock-bed is mine; it wanted mending, and I know it by a piece I put on it myself. Court. Had she run away or left her lodgings? - No, she had not. Did she owe you any thing? - Yes, a guinea and ninepence; there was about 19 s. for rent, and 4 s. 6 d. she borrowed. PRISONER's DEFENCE. They accepted a note of hand last Saturday night from my mother for the value of these goods; I have witnesses to it; the witness who I left the bed with was to keep it for a week, and I was to return him the money; I went at the expiration of the week, and he refused to deliver it up, though I offered him the money; and some other trifling things, which I left for 4 s. 6 d. he made me pay 9 s. for; Mrs. Ryley gave me leave to pledge the things in the time of my distress, provided I would replace them again. Court to Mrs. Riley. Did you ever give the prisoner leave to pawn any thing of yours? - I gave her leave to pawn the sheets, but not to pawn the beds; I do not want to hurt the poor woman if I can help it. Can you tell me the words that passed when you gave her that authority? - I cannot. Did you tell her she might make use of the things? - Yes, I did. Court. I think we need go no further NOT GUILTY . Tried by the first Middlesex Jury before Mr. ROSE. 324. THOMAS STOBIN was indicted for stealing, on the 19th of April , one guinea, one half guinea, and six shillings in silver , the property of Ezekiel Cleeall . EZEKIEL CLEEALL sworn. I was going through St. James's Park , on Sunday Morning a little after ten o'clock, going through the court into St. James's Palace; I had my breeches pocket turned inside out, there was a crowd of people; I had my pocket picked of a guinea, a half-guinea, and six shillings in silver; I don't know who did it. CHARLES YOUNG sworn. On Sunday morning last I was going through the passage into St. James's Palace; I saw some people I suspected; I laid hold of the prisoner, and he dropt some money; he struck me on the mouth; I took him to the Rotation, and afterwards I heard the prosecutor was robbed; I saw the prosecutor in the mob, and the prisoner was near to him. Mr. Knowlys, Prisoner's Council. You are an old officer, I believe, you say the prisoner dropt some money? - He did. Upon your oath don't you know his hand was in his breeches pocket, and that you pulled his hand out of his pocket, and he dropped 2 s.? - I don't know whether it was or not. Will you swear it was not? - I will not swear either one way or the other. NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 325. THOMAS ANDREWS was indicted, for stealing, on the 4th of March , two live pheasants, called gold China pheasants, value 20 s. the property of Jervoise Clarke Jervoise , Esq . WILLIAM GOUGH sworn. The prisoner at the bar brought me a pair of gold China pheasants, on Wednesday morning the 4th of March; I live on Holborn-Hill; I buy and sell birds; he said, that the person they belonged to, would not take less than 30 s. for them, he said they was not his, he was selling them for a person; I asked him to let me look at them, he took one out of one side of his great-coat pocket, and the other out of the other; I said, you have not come honestly by these birds, and I will take you to the Compter; he was had up three times, and no person appearing, he was discharged; some time afterwards Mr. Jervois's servant came and owned the birds, and I informed the officer, and he was taken into custody; the hen pheasant died. GEORGE ROLLS sworn. I pinioned the birds, and burnt them under the left wing; I am gardner to Mr. Jervoise; I saw the birds at Gough's; I knew them by a burnt-mark in the left wing; I knew the cock in particular; they were Mr. Jervois's; I saw them on the 3d of March, and they were missed on the 4th. Gough. The cock bird's tail was pulled out, and the gardner shewed me the pheasant's tail, which had been left behind; the prisoner brought them to me on the 4th. PRISONER's DEFENCE. I bought them for 6 s. on Tower-hill. GUILTY . Tried by the London Jury before Mr. RECORDER. [Transportation. See summary.] 326. WILLIAM BATES was indicted for stealing, on the 25th of March , two pounds and three quarters of salt pork, value 1 s. the property of Joshua Gregory . WILLIAM COMYNS sworn. On the 25th of March coming along Fore-street, Moorfields, in the evening about eight or nine o'clock, I saw the prisoner take a small loin of pork from Mr. Gregory's shop, it was in the window, with that I crossed the street, and took him by the collar, and took him back, he offered me the pork, and wished me to let him go, but I made him bring it back, and he brought it to the shop-door, and dropt it. THOMAS HILLIER sworn. I saw the prisoner take the pork out of the shop; I saw him drop it, and I picked it up. JOHN HEALIS sworn. I am a constable; I was sent for, and the pork was delivered to me; I have had it ever since. JOSHUA GREGORY sworn. I delivered it to the constable. PRISONER's DEFENCE. I was coming by, I saw the pork on the ground, and I picked it up. The prisoner called four witnesses to his character. GUILTY . Tried by the London Jury before Mr. RECORDER. [Whipping. See summary.] 325. ALICE SARJEANT was indicted for stealing, on the 12th of March , seven earthen plater, value 10 d. the property of William Davis . WILLIAM DAVIS sworn. I keep a Staffordshire warehouse in Fleet-market , and likewise a stand in the market; on the 12th of March I was shewing a person in the shop, and she came and took the plates off a stand, and put them under her cloak, and went off; I stopt her before she had got twenty yards, and I sent for an officer who took her. JOHN EDWARDS sworn. On the 12th of March I took the prisoner. PRISONER's DEFENCE. I was very much in liquor; I thought I had paid for them. GUILTY . Tried by the London Jury before Mr. RECORDER. [Imprisonment. See summary.] 327. THOMAS STEVENS and GEORGE WILSON were indicted, for stealing, on the 23d of March , ninety pounds weight of copper, value 40 s. the property of William Homer and Alexander Rabey . JOHN TAYLOR sworn. On the 23d of March, about seven o'clock in the morning, I went out from No. 9, in Allhallow's Lane, where I live, I returned about one, I found a heap of copper cakes, and other pieces like this disturbed; I am clerk to the prosecutors, and live over the warehouse; I was informed two people had been taken; I can't rightly swear to the copper. JOHN WAINWRIGHT sworn. About twelve o'clock, on the 31st of March, I saw the prisoners in Allhallow's Lane, they were about the door of Homer and Rabey; I suspected them; I went and hid myself in the warehouse; I had not been there above two minutes before Wilson came in, and the other went to the door; Wilson went to the right hand, and laid hold of a piece of copper, which he did not take away, but went back again; then Stevens, he came in, and he went back again; I went out, and I walked to the top of the lane; I kept my eye on them, and came back, and went into a cooper's shop, then I observed Stevens at the door, and Wilson came out loaded; he stooped down to buckle his shoes, and I went and laid hold of him, Stevens then came up, and Wilson dropt the copper, and then I laid hold of both the prisoners. Court. Did you see Wilson come out of the warehouse with the copper? - I did. HENRY PARRY sworn. I saw them about the warehouse door on the day of the robbery. PRISONER STEVENS's DEFENCE. I was coming by when the other man was taken; I know nothing of it, and he laid hold of me. The prisoner Stevens called two witnesses to his character. THOMAS STEVENS , GEORGE WILSON , GUILTY . Tried by the London Jury before Mr. RECORDER. [Transportation. See summary.] 328. JOHN GILLETT and JOHN FORSITH were indicted for feloniously making an assault, on the King's highway, on William Norman , between the hours of 7 and 8 in the evening of the 5th of March, and feloniously demanding the money of the said William Norman , with an intent the same to steal . WILLIAM NORMAN sworn. Between the hours of 7 and 8 o'clock on Thursday evening, the 5th of March, I was coming from Stepney to Mile End road across the fields, there was nobody with me; about the middle of the first field I came into I saw four men dressed like sailors coming towards me; I turned out of the way about three yards to let them pass; the prisoner Forsith whipt the stick from under his coat; and said, Master, have you got any money? Money, says I, yes; that I have plenty; then says he, deliver it it directly, for we must have it; then I put my hand in my coat-pocket; I had two brace of pistols about me; and the other prisoner, Gillett said, you may as well deliver it, for we must have it; by that time three of them had got their sticks up; he then put his stick across his arm, and came up with his hand, as if to receive the money; I had two brace of pistols about me; I pulled out a pistol from my breeches pocket; and one of the other two said, we are as good be off, we had better be off; and they ran off, and I fired right in amongst them; and I followed them, crying out stop thief! I am an officer in the excise; and I had been out after some smugglers, which is the reason of my being armed; one of these sticks I can swear to, but the other I will not; I pursued them, they separated, Gillett was never out of my sight, but Forsith got clear off; the corner of the Bank I pickt up this stick; Gillett was stopt in about ten minutes; I am sure to his person. GEORGE BURGESS sworn. I had been to White-horse-lane, coming back, me and another person heard a pistol go off, and the cry of stop thief! the prisoner Gillett running past us on the opposite side of the way; I followed Gillett, and took him; I did not see Forsith; we took him to the watch-house; he said, he had done nothing; and then we asked him, how he came to run away if he was not guilty: He said, he ran, for he was afraid they would shoot him; we went afterwards near to the place, and there we found these two bludgeons. Norman. I did not see Forsith stopt; he was taken the next morning by one of Mr. Smith's officers in Nightingale-lane; I am sure as to his person. FOR THE PRISONER FORSITH. ELIZABETH CHIVENS sworn. My husband keeps the sign of the Crown in Nightingale-lane. Court. How long have you known the prisoner? - About six weeks; at the time he is charged of doing the robbery, he was in my house; my child was very ill; there were several people dancing up stairs, and he was with them; I went up stairs to take my child up to-bed; I had the child in my arms, and a pillow, and two bottles of medicine, and a candle; I had occasion to go through the club-room; there is a passage at the end of the club-room, which parts the room where I was going to and the club-room; this was a little before eight o'clock; I recollect it, for there was an old lady lay ill in the room; and I asked her, if she wanted any thing? and she asked me, what o'clock it was? I told her; he came up to me, and took the candle to light me; he is a very civil young man, it was on the 5th of March, on a Thursday. Court. How do you know that; how come you to recollect it? - It was a particular day, I went to a burial that day; and Mr. Smith, the Justice, sent to my husband afterwards to know whether he he had seen Forsight at his house that evening; I should not have recollected it, but for the circumstances of his coming up to me, and holding the candle to light me. How many people were there in the club-room at that time? - There were forty or fifty men and women. Did you know them all? - No, I did not. Who desired you to come here? - The Justice desired I would appear on his trial, as he had been informed he was at our house that evening; he said that as he was fully committed, nothing could be done, but I must appear here. What part of the room did the prisoner come from, when he came and held the candle? - He came from the further part, he came running towards me. How long did you stay in the room? - Not above a minute or two. Was the prisoner dancing while you was there? - No. Was there any body dancing? - Yes, some of the company were dancing, but the prisoner was not, he was standing up; there is another witness here, her name is Hannah George , she is a stay-maker; she came to our house to order some beer, and hearing the company dancing she went up; she staid till ten o'clock. Where does she live? - In Sun-yard, near to my back-door. What time did she come in? - I believe a little before eight, about a quarter of an hour, or thereabouts, as near as I can recollect. Are you sure as to the time? - Yes, I am sure it was a little before eight; she called for her beer, and then she said no, I won't have it now, I'll go up and have a dance. How long did she stay? - Till ten o'clock. Did the prisoner go away at the same time she did? - I believe he did. Did you see him go away? - I believe I did, I cannot rightly say. How do you know it was ten o'clock when he went? - We always clear our house at that time. When she went up to join the dancers, who went up with her? - Nobody, she went up by herself. How long was it after she had been up that you went up? - Directly afterwards, I went to put the child to bed. Had you seen the prisoner before you went up? - I saw him at seven o'clock, he came down with an empty pot, and ordered some more beer up. Are you sure it was him; - Yes, I am sure of it. Who did the prisoner dance with? - I don't know who he danced with, nor whether he did dance. Did he sup at your house? - No, none of them ever supped in the house. Was Hannah George 's beer taken up to her? - No, she had her beer when she went home. Are you sure it was not taken up to her? - I believe not, but I will not be certain. Did she stop with you when she came down? - I don't recollect whether I spoke to her, or whether she spoke to me; she did not stop I am sure, I was very busy at the bar. Which way did they come out? - They come past the bar-door to go out. Did Hannah George take her beer home? - I think she did when she went away; I think she had some when she went out, but I will not be positive. Did the prisoner or Hannah George go out first? - I think the prisoner went out just after her, I am not quite certain. Did she stop any time in the bar with you before she went up stairs? - No, she went up stairs as soon as she came in. She and you are very intimate? - No, she has her beer at our house. Who was in company with the prisoner? - I don't recollect whether there was any body in particular in company with him. Did you speak to him when he went out? - No, I did not. Did he speak to you? - Not that I recollect; I believe he did not. Did you observe whether the prisoner and Hannah George went out together? - I did not, but I see them go out; I cannot say whether they went out together or not, I was busy in the bar. How often had you seen the prisoner on that evening? - I saw him several times, he came down stairs to order beer. Are the houses in Sun-court numbered? - No, they are not. You and Hannah George are particularly acquainted? - No, not particularly, she has her beer from our house. How far is Stepney-fields to your house? About a mile and a half. HANNAH GEORGE sworn. I am a stay-maker, I live in Nightingale-lane, facing to Mrs. Chivens's back-door. How long have you lived there? - Six or seven months. How long have you known Mrs. Chivens? - Since a little after Christmas, they came into the house then. Had you known them before they came to that house? - No. Have you been much acquainted with Mrs. Chivens since? - No, not much. You have drank tea there two or three times? - I do not know, perhaps I might. And sometimes you have drank beer there? - Yes. Do you know Sun-yard? - Yes, I live in Sun-yard, facing Mrs. Chivens's back-door. How come you to say Nightingale-lane? - Sun-yard is in Nightingale-lane. Are the houses in Sun-yard numbered? - Yes, I live at No. 37, in Sun-yard. How many houses are there? - I don't recollect rightly how many. Are they numbered on both sides? - Yes. Do you know either of the prisoners? - Yes, I know Forsith. Was you ever in company with him at Mrs. Chivens's? - Yes, I was, I danced with him there one night. When was it? - On the 5th of March. What day? - I don't recollect the day. How came you to recollect the day of the month more than the day of the week? - I don't recollect, I took notice of the day of the month, because this young man was taken up; he was dancing with me the night before he was taken up. How long have you known him? - I have known him five or six months. What brought you to Mrs. Chivens's on the night of the 5th of March? - I went in to have a pint of beer, I heard them dancing, and I went up stairs to have a dance with them. Who did you dance with? - With that young man Forsith. Did you and him go in together? - No, he was there when I went in. How came you to dance with him? - He asked me to dance with him. When you went into the house did you enquire for him? - No, I did not. Did not you ask if he was there; did not you say you had promised to come and have a dance with him? - No, I did not ask for him, I had not promised to go to dance, with him; I had just left off work, and hearing them dancing up stairs, I went up. What time do you leave off work? - I generally leave off work about eight. How did you know it was eight o'clock that night? - I looked at the clock, it was within five minutes of eight. Did you see Mrs. Chivens come up stairs? - Yes, I did; I saw Mrs. Chivens come up stairs with the child in her arms. What did she say to you? - Nothing. What, did not she speak to you? - No, Sir. Nor you to her? - No, Sir. Did not she ask you how you liked your partner? - No, Sir. Did she speak to your partner? - I do not recollect that she did. How soon after you came in did you go up stairs? - I went up directly. Had you called for any thing to drink? - Yes, I called for a pint of beer; the servant brought it up stairs to me. How soon after you had been up stairs? - Almost directly. You are sure Mrs. Chivens did not bring it up herself? - I am sure the servant brought it up. Had you had any conversation with Mrs. Chivens before you went up stairs? - Not any, I believe. Are you sure of that? - I don't recollect that I had. How soon after you went up stairs, did you begin to dance? - Almost directly. Who did you dance with? - With that young man, the prisoner Forsith. How long had you been dancing before Mrs. Chivens came up? - I believe about half an hour. What did Mrs. Chivens come up for? - She came up with the child that was ill; she had a pillow and a candle, and the prisoner ran and took the candle, and held it while Mrs. Chivens unlocked the door. When she came back, how long did she stay to see you dance? - About ten minutes, or a quarter of an hour. How many were there dancing? - There were two couple. What were you dancing? - We were dancing Scotch reels. Did Mrs. Chivens come into the room again? - No, I don't recollect that she did. Had you any brandy and water to drink? - I can't say, I was drinking all manner of liquors. What was it that Mrs. Chivens brought up? - I don't know that she brought up any thing. Don't you recollect her bringing up some brandy and water, or rum and water? - I can't say, but I believe it was brandy and water, or rum and water. Who brought it up; Sarah Taylor , or Mrs. Chivens herself? - I believe it was Mrs. Chivens herself. How long was that after she had gone down? - I believe it was about an hour; now I come to think, she did come up again; it was her that brought the liquor. Then you are positive now, that it was Mrs. Chivens herself brought up the liquor? - Yes, I am sure of it. The Remainder of this Trial in the next Part, which will be published in a few Days. Continuation of the Trial of John Gillett and John Forsith . Q. to Hannah George . Did she drink out of it herself? - I don't recollect whether she did or did not. Don't you recollect your partner asking her to drink to the next merry-meeting? - No, I do not. What were you dancing of then when she brought the liquor in? - We were dancing a reel then, the same as before. Who were dancing then? - Myself, and the three young men who were dancing before. What were there no others dancing that evening but you and those three young men? - Yes, there were more in the course of the evening; but both the times Mrs. Chivens came up, we four were dancing. Were there any more young women in the room beside yourself? - Yes, there were plenty. Did your partner see you home? - No, Sir. Did not he go out of the house with you? - He did not, to the best of my knowledge. Who did go out with you? - Nobody to the best of my knowledge. What did Mrs. Chivens say to you when you went out? - I don't recollect. What had you and your partner there to eat? - I had nothing, nor my partner neither. You are sure of that? - Yes. What was it you said to Mrs. Chivens when you went in about the beer? - I don't recollect I said any thing to her; I ordered the maid to bring it up, and she brought it up as soon as I had got up stairs. Mrs. Chivens called in again. How long was it after Susannah George went up stairs, that you went up yourself? - I went up directly after, before she began to dance. Did you see her dance? - No, I did not. Do you know who she danced with? - No, I do not. How long did you stao in the room where they were dancing? - I did not stay a moment neither going or coming back; after I had put the child to-bed, I came back. You are sure you did not stop to see them dance? - I did not stop at all. Who carried up the liquor on that evening? - The man and maid servants, and sometimes my husband. Did you carry up anything on that evening? - Yes, I went up several times. Was the prisoner Forsith in the room every time you went up? - Yes, I believe he was; I saw him at several times, and I saw him below stairs, he came down to order more beer. How many times did you go up after you had put the child to-bed? - I went up three or four times. How many were there dancing? - I saw no more than two people, at each time I went up, that were dancing. What liquor was it that you took up to the prisoner, and Hannah George ? - I took none up to them. What! no brandy and water? - No. You are sure of that? - Yes. How long did you stay in the room when you went up? - I stopt no longer than I got the money, and then I came down directly. The prisoner Gillet called one witness to his character. JOHN GILLETT, JOHN FORSITH, GUILTY . Transported for seven years . Tried by the first Middlesex Jury before Mr. RECORDER. 330. JOHN DAVIS was indicted for stealing, on the 26th of March , a linen bed-quilt, value 5 s. a woollen blanket, value 12 d. and a copper saucepan, value 12 d. the property of Alice Haynes , in his lodging-room , &c. let to him by the said Alice Haynes. ALICE HAYNES sworn. I live in Cockpit-alley, Drury-lane ; in March last the prisoner lodged with me; he had been there a fortnight and four days; he had a one pair-of-stairs front-room; on the 6th of March he left the lodgings; one of the lodgers informed me he had left the key with her, but she had not seen him; when I went up she gave me the key; I opened the door, and I missed the things in the indictment; the week would not have been up 'till Monday; I took the prisoner up yesterday was a fortnight, and a strange person brought me the quilt, I had never seen the person before, but I refused taking it; I have never heard of the other things; he owes me for a week and four days, that is all. JOHN WATTS sworn. I am an officer; I took the prisoner in custody; I know nothing else. PRISONER's DEFENCE. I was very much in distress; my wife had lain-in, and distress drove us to it; my sister, I believe, had advised my wife to it, she was faint for want of the common necessaries of life. Prosecutrix. It is very true, his wife did lay-in. NOT GUILTY . Tried by the first Middlesex Jury before Mr. Baron HOTHAM . 331. JONATHAN GARLICK was indicted, for feloniously making an assault on the King's highway, on William Peak , on the 8th of April last, with an intent the monies of the said William Peak to steal . The prosecutor not appearing, the prisoner was ACQUITTED . Tried by the first Middlesex Jury before Mr. RECORDER. 331. SUSANNAH BRAY, alias GAY , was indicted for stealing, on the 14th of April , a linen sheet, value 4 s. the property of John Raynes , in her lodging-room , &c. JOHN RAYNES sworn. I live in Blue-cross-street, Leicester-fields ; the prisoner lodged with me, on the 14th of April she came to me, and took a room under pretence that she was come out of the country; I let her a room for 5 s. a week; she staid the Tuesday night and the Wednesday night; I then missed my sheet; she was taken up, and the sheet that was missing was found wrapped round her; I delivered her the sheets myself when she came into the room. CHARES ELLIOTT sworn. I am an officer; I apprehended the prisoner on Thursday the 16th, I believe it was about four o'clock in the afternoon; I saw her near Litchfield-street office door; I searched her, and this sheet was pinned to her petticoats by her pocket-hole, in a long bundle, it came down to her heels almost. (The property deposed to.) PRISONER's DEFENCE. I had not the sheet when the officer took me. FOR THE PRISONER. ANN FIELD sworn. I keep a clothes shop; the prisoner has bought several things of me, and sold me several things; I always thought her very honest. GUILTY . Transported for seven years . Tried by the first Middlesex Jury before Mr. Baron HOTHAM . 333. SAMUEL HINTON was indicted for stealing, on the 22d of April , eleven pounds weight of lead-pipe, with a brass cock affixed therein, value 2 s. the property of James Larman , affixed to the dwelling-house ; against the statute. ELIZABETH LARMAN sworn. I am the wife of James Larman ; we live in Northampton-street, Wood's-close, Clerkenwell ; on the night of the 22d instant I lost the lead, about 11 lb. weight, with a brass cock; it was taken out of a yard, affixed to the brick-wall the back of the house; we were called up between one and two, and was told by the watchman, that he had a person in custody for stealing the pipe; I saw the prisoner on the Friday morning; I have fitted the lead, and it answers. THOMAS SINGLETON sworn. I am a watchman; between twelve and one I found the prisoner in Mr. Earman's yard; I took him immediately; I caught him, the water was running out of the pipe; the pipe was laying against the wall; the pipe appears to have been twisted off; it was laying on one side against the wall. NOT GUILTY . Tried by the first Middlesex Jury before Mr. Baron HOTHAM . 334. VALENTINE FRYAR was indicted for stealing, on the 1st of April , 20 yards of silk for handkerchiefs, value 4 l. two muslin wrappers, value 10 s. one piece of cotton, value 20 s. two pieces of silk and cotton for waistcoats, value 20 s. and several other things, the property of Charles Fielding and James Underwood , privately in their shop . (The case opened by Mr. Knowlys.) CHARLES FIELDING sworn. I am in partnership with Mr. James Underwood; I am allowed a sum out of the partnership to pay the rent and taxes; I am the housekeeper; the prisoner at the bar was employed as a carpenter at our house; he had been at work there before; we took notice of his diligence; and as we wanted some alterations in the shop, we employed him on his own account, and advanced him money to go on with; he was employed the latter end of March in our warehouse, and had three men at work; I had received information of his dishonesty; I took out a search warrant to search his apartments. WILLIAM WEAVER sworn. In consequence of an information I went to the prisoner's lodgings; and, in a box which I saw in the room, I found a quantity of goods; I asked him, if they were his? he said, no, they are my master's; I have robbed him, and I deserve to he hanged for it; the next morning I went to the prosecutor's, and there were three carpenters at work; I took one of them in custody, and he acknowledged to have some of the goods; he was an accomplice, and he was admitted evidence. JONATHAN REDGRAVE sworn. I went with the last witness to the prisoner's lodgings; and in his box we found several things; he said he had robbed his master, and the best of masters. RICHARD WILD sworn. I was employed by the prisoner to work at the prosecutor's house; I came to work for him on Monday was a month; on the next Thursday the prisoner said, he would give me a piece for a waistcoat; I said, we had better not, we should get ourselves into trouble; he says, don't you touch any thing, I can get plenty that will not be missed; he took a piece of silk and cotton, and desired me to take some others; which I did, and took to my lodgings. JOHN MORGAN sworn. I am a pawnbroker; I received these two handkerchiefs on the 17th of April; I did not receive them from the prisoner. ALEXANDER ELLMAN sworn. I am clerk to Messrs. Underwood and Fielding; I can swear to the two muslin wrappers, by my hand-writing being on them. PRISONER's DEFENCE. There is a piece of cotton which I bought myself expecting to go to India, but being disappointed, I had it when I was apprehended. GUILTY, Of stealing, but not privately . Transported for seven years . Tried by the London Jury before Mr. RECORDER. 335. DANIEL SEWELL was indicted for stealing, on the 28th of February , a linen sheet, value 2 s. a pair of blankets, value 2 s. and a rug, value 12 d. the property of Thomas Isaacs . ELIAS ISAACS sworn. On the 28th of February, near ten in the evening, I was in my yard, my wife called me, and said she saw the prisoner with some property; she was in the kitchen, I ran out after him; he had got out of my sight. MARY ISSACS sworn. I was sitting at supper in the kitchen, about ten o'clock at night, and I heard somebody come softly down stairs; I opened the door to see who it was, and I observed it was the prisoner with a bundle of clothes under his arm; I knew him before, I saw him coming down, and I laid hold of him; I called out to my husband; he got from me, and went out of the house, and carried the bundle with him; we all followed him, our children, and all of us, calling out stop thief! Court to E. Isaacs. When did you first see the prisoner? - I first saw him near Spitalfield Church; my wife told me his name before I pursued him; I had known him before, when he came from Greenland; when I took him he had no bundle on him, nor has any thing been found to this day; at the watch-house, he said, he wanted to speak to me, and he said, I have been in great distress; he told me he had taken the property; he was away half an hour before I took him; I lost a sheet, a blanket, and a coverlid, which were up stairs on the bed; the room had been locked, and the staple was forced out. JOHN WHISTON sworn. I am a patrol of Spitalfields parish; on the 28th of February, at half past ten, I took the prisoner; a boy was crying out he had robbed his daddy; the prisoner was then at the bottom of Red Lion-street, I told him he must go to the watch-house; he begged to go to speak to Mr. Isaacs first; Mr. Isaacs came up before we got to the watch-house, and when we got to the watch-house, he begged to speak to Mr. Isaacs himself; and when he had stept on one side, he begged Mr. Isaacs would forgive him; Mr. Isaacs said no, he would not; I asked him what he had done with the sheets; he said he had pawned them; I asked him where he pawned them, and for the duplicates; and he said where he pawned them they never gave any. JAMES CUTLER sworn. I know no more than the last witness. ELIZABETH WALKER sworn. I know no more than I locked the door in the morning. PRISONER's DEFENCE. I was walking along, and the little boy said I had stole his daddy's things; I know nothing of it. GUILTY . Transported for seven years . Tried by the first Middlesex Jury before Mr. RECORDER. 336. JOHN EADES and THOMAS WILLIAMS were indicted for stealing, on the 10th of March , two quart pewter pots, value 3 s. and two pint pewter pots, value 2 s. the property of Thomas Bramwell . THOMAS BRAMWELL sworn. I keep a public-house in Litchfield-street ; on the 10th of March, in the afternoon, my boy had been gathering his pots, and they were afterwards taken away. ANN WAPSHOTT sworn. I saw the two men on the night of the illuminations, take away the pots; they were hanging on the ballustrades, next door to the rotation office; it was between five and six o'clock; I only know them by their clothes, I don't know their faces. CHARLES YOUNG sworn. I found those pots in Eades's room, on the evening of the 10th of March, there were two in a frying-pan, there was only Eades in the room. THOMAS DALTON sworn. I was with the last witness when Eades was taken. (The property deposed to.) JOHN EADES , GUILTY . THOMAS WILLIAMS , NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. [Transportation. See summary.] 337. JOHN MOORE was indicted for burglariously breaking and entering the dwelling house of Richard Allchin , about the hour of seven in the night of the 12th of March , and burglariously stealing therein, two black silk cloaks, value 30 s. a hat, value 2 s. the property of the said Richard Allchin . RICHARD ALLCHIN sworn. I found the prisoner at the bar in my room on the 12th of March, about a quarter before eight in the evening; I was below, my wife went up stairs, and tried to get into the room; and she came down rather alarmed, and told me somebody was in the room; it is a back-room, one pair of stairs, it is my bed-chamber; I went up and tried to get in, I could not; I called to her, and she brought the key, and unlocked the door; I went in and asked the man how he came there; he said he had made a mistake in the room; I asked him how these drawers came open; he said he had not got any thing; my wife and some others then came up, he had got the two cloaks and the hat in his apron, which was spread on the floor; I then sent for a constable, he was searched, and the constable found some keys, and a picklock; one of the keys opens the door, the street-door is always open in the day-time; we had lighted candles above an hour. Mrs. ALLCHIN sworn. I had been in the room about an hour and an half before, when I came out I locked the door; I went up again and tried to unlock the door and could not; I went down stairs to call my husband, and I heard somebody in the room; my husband came up and I followed him, I then unlocked the door, I could not unlock it before, the key would not turn round; when my husband went up it turned round more easy, I saw the man standing by the door, I saw nothing else; I was very flurried, it was a quarter before eight o'clock. JOHN LAMBERT sworn. I am a constable, I was sent for to take the prisoner in custody; I searched him, and on him I found these keys, a screwdriver, and two screws; one of the keys, the smallest, opens the door, I tried it out of curiosity. PRISONER's DEFENCE. I was to meet a person at their house, I used to use it; it is a public-house. Mrs. Allchin. I did not know he was to meet any body there; I had not known him three months. FOR THE PRISONER. JAMES BIRCH sworn. I am a founder, the prisoner was a master smith, he did live in Hyde-street, Bloomsbury; he has left that about three years ago, I have known him seventeen years, he has always bore the character of a very honest man. THOMAS BLINCOE sworn. I am a glazier, I have known the prisoner sixteen or seventeen years, he always bore an excellent character. The prisoner called three other witnesses to his character. GUILTY , Death . Tried by the first Middlesex Jury before Mr. RECORDER. 338. PETER ROCK was indicted for stealing, on the 14th of March , a half cambrick handkerchief, value 2 s. the property of George Anstey . GEORGE ANSTEY sworn. On the 14th of March, about eleven in the evening, my partner Mr. William Baker informed me he had seen our servant maid in the shop, the prisoner used to come to see her; we supposed she had robbed us, we found the prisoner concealed in her bed, she was his wife; there was nobody but me and Mr. Baker, and he run down and gave information, and the prisoner was delivered into the custody of the watchman; he was taken to the watch-house, and the officer found one of my neck-handkerchiefs round his neck; he swore a little, and said we might do our worst. JAMES TALLBOY sworn. I found the neck-handkerchief round the neck of the prisoner. The handkerchief deposed to. WILLIAM BAKER sworn. I found the prisoner in his wife's bed; she was our servant, I called the watchman and he was taken. PRISONER's DEFENCE. My wife gave me the handkerchief in the bustle, when the watch was called. GUILTY . Transported for seven years . Tried by the first Middlesex Jury before Mr. RECORDER. 339. ANN ROCK , the wife of PETER ROCK , was indicted for stealing, on the 9th of March, three pair of linen sheets, value 15 s. a cotton counterpane, value 14 s. three table-cloths, value 12 s. and several other things , the property of George Anstey and Peter Baker . PETER BAKER sworn. The prisoner was servant to me and Mr. Anstey, from December till the 8th of March, when I gave her warning to leave us; on the 14th about eleven o'clock in the evening, I went into the shop, I saw her there, she had no business there, and she blew out the candle, I had a suspicion of her, I followed her up stairs, I saw something under her arm, I desired her to come into the dining-room; she said if I had any suspicion I might examine her; I did, and I found several of our things on her, and her husband was found in the bed, on the same evening; the next morning I searched her room, and found in her drawer a parcel of duplicates, amongst which were some for sheets and table-cloths, of which we had missed a great number; we found where they were, she was to quit our service the next day; I know no more. JAMES TALLBOY sworn. Mr. Baker delivered me those duplicates, I went in search of the things, and found them at six different pawnbrokers. JOHN GAREWOOD sworn. I am servant to Mr. Rochford, a pawnbroker; on the 28th of February, Saturday in the evening, these sheets were pledged with us by the prisoner at the bar; I am sure she is the person. The sheets deposed to by Mr. Baker by the marks. RICHARD WILLIAMSON sworn. I live with Mr. Fleming, a pawnbroker, in Drury-lane; these sheets were pawned with us by the prisoner at the bar, on Saturday the 3d of January. Mr. Baker. I believe these to be ours, we lost sheets of this kind. JOSEPH BARNES sworn. I live with Mrs. Cooper in Wych-street, this counterpane was pledged to us by the prisoner at the bar, in the name of Mary Thomas , on the 23d of February. Mr. Baker. We have lost a counterpane of this kind and quality. THOMAS NEAVE sworn. I live with Mr. Purcell in the Strand; I don't know who pledged those things, I was in the country. SAMUEL NEWTH sworn. These sheets were pledged with me by a woman; I believe it to be the prisoner, but I cannot swear to her. PRISONER's DEFENCE. I lived with Mr. Baker, and he used to pay me two guineas a week to lay out in the house; I lost half a guinea, and I pawned the things to make up the money. GUILTY . Transported for seven years . Tried by the first Middlesex Jury before Mr. RECORDER. 340. THOMAS NEWMAN was indicted for stealing, on the 11th of March , seven guineas, in monies numbered , the property of Timothy Marshall . TIMOTHY MARSHALL sworn. On the 11th of last month my box was broke open, and my money taken out, from over Alderman Sawbridge's stables; the prisoner came and told me of it, I took him up on suspicion, and put him in the watch-house; I thought it must be him and no one else, and in the morning he owned it before the Justice. HENRY PERRY sworn. I am a watchman; about eleven or twelve o'clock on the 11th of last month, the prosecutor informed me he was robbed; I took the prisoner up on suspicion, and the next morning he confessed he had done the robbery; I advised him to give the money, and to let the poor fellow have his money, and to tell the truth, I told him so several times; I found seven shillings on him, he went to the stable, and took three guineas out of a hole, and gave to me, which he said was the man's money. NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 341. JOHN BAKER was indicted for stealing, on the 12th of March , four pounds and three quarters weight of bacon, value 2 s. the property of James Clark . JAMES CLARK sworn. I am a cheesemonger ; on the 12th of March, (Thursday) about nine in the evening, I missed the property; it was lost from the shop, the prisoner had been a servant of mine eight months before. THOMAS FITCH sworn. I am servant to the prosecutor, I was going down into the cellar, and the prisoner called me to hold his apron while he tied a string on, and I saw the bacon poke out of his breeches; I acquainted my master with it. Mr. Schoen, Prisoner's Counsel. How was you holding the apron? - I was holding it up in front of him. Can you swear that as you was holding the apron horizontally, standing before him, you could see the bacon poke out of his breeches, as you say? - Yes, I did. GEORGE STAFFORD sworn. I am a servant to Mr. Clark; I found the bacon in the prisoner's breeches, it was Mr. Clark's property, I had only cut it off a quarter of an hour before; the prisoner was a porter to Mr. Clark. The prisoner called three witnesses who gave him a good character. GUILTY . Publickly whipped , and discharged. Tried by the first Middlesex Jury before Mr. ROSE. 342. JOHN HARRIS was indicted for stealing, on the 16th of April , a silk handkerchief, value 4 s. the property of Thomas Mitchell . THOMAS MITCHELL sworn. I live in Wood-street; on the 16th of April I lost a silk handkerchief; it was in the forenoon in Holborn; I was shewing a little boy the peacocks at the bird-shop on Holborn-hill, and I missed my handkerchief, it was a silk one; I saw it as soon as the prisoner at the bar had got it from me; I saw it picked up, and the man that picked it up, gave it to me; I will not swear to the property. WILLIAM SEABROOK sworn. I am a butcher; I saw the prisoner take the handkerchief out of the prosecutor's pocket, and throw it down; I picked it up, and gave it to the prosecutor. PRISONER's DEFENCE. I was much in liquor; I know nothing about it. GUILTY . Transported for seven years . Tried by the London Jury before Mr. ROSE. 343. RICHARD COLEMAN was indicted for feloniously assaulting Edward Basham , on the King's highway, on the 27th of March last, and putting him in fear, and feloniously taking from his person, and against his will, a wooden barrel, value 6 d. one dead turkey, value 7 s. 6 d. two dead hares, value 8 s. one other ditto, value 4 s. two linen gowns, value 6 s. the property of John Hurnall and Thomas Bolton . (The witnesses examined separate.) EDWARD BASHAM sworn. I am a porter to Mess. Hurnall and Bolton; the house is the Saracen's Head, Aldgate; Mr. Hurnall's christian name is John, and Mr. Bolton's Thomas; my master, Mr. Bolton, carries on the inn and the warehouse ; I lost the things mentioned in the indictment, they were in different parcels, I had the care of them all, and I took them from my master's house to the pitching-block at St. Dunstan's church, and I pitched them down there, and a gentleman came and asked me the way to Charing-cross; I cannot tell whether it is the prisoner or not; he asked me if there was not a Golden Cross at Charing-cross; I told him there was, and he asked me the way; I told him right forward, as right as he could go; and he said I was a damned rascal, I had told him wrong; and with that he knocked me down, and before I could recover myself, my load was gone. Had you any part of the load about you when he knocked you down? - I had my hand on the pitching-block. Had you your hand upon the pitching-block, or upon the things? - I had my hand upon the things. Are you sure of that? - Yes; I do not know who the man was that knocked me down, nor that spoke to me. Did you ever recover your things again? - Yes, five parcels out of the nine; I recovered the articles in the indictment, I know them all. Where did you recover them? - A gentleman took them in Fetter-lane, that was Mrs. Stapleton, I saw the things in three hours after I had been knocked down, they were in the constable's hands, they were the same that I had in my custody; I can swear to them by the bills, and by the sight of them likewise; I did not lose the bill, my master has the bill, he is here; there were directions upon them when I lost them, and the same directions were upon them when they were found; one of which was; " Miles Barnes , Esq. Edward-street, Portman-square;" there were eight ducks in it. Mr. Knapp, Prisoners's Counsel. When was this that you had these parcels? - The 17th of March last. Where were you to take them to? - I was to take them to different places according to the directions. You pitched for case, I presume? - Yes. Somebody came up and spoke to you for a considerable time? - Yes. Asked you several questions? - Yes. Will you swear positively you never put your hand off during the time the man was talking to you? - Yes, I am sure I had my hand upon them when the man knocked me down. How long did the conversation last? - It might be three minutes. During the time the conversation took place, was your hand ever off the pitching-block? - No, it was not; when I pitched it down I had my hand on my load, and so it was when I was knocked down. You cannot tell who knocked you down? - No. Have not you said before the magistrate who knocked you down? - No. Have not you said, you thought it was a tall stout man? - Yes, the man to appearance was a tall stout man. Have you kept in that opinion down to the present time? - Yes, it was the same man that spoke to me at first. A tall stout man? - Yes. You could only swear to the packages by the directions? - No. Now the bill you say you swear by? - Yes, I had it with me then, I received the bill from Mr. Bolton, then I put it into my pocket, and looked at it afterwards, but not for some time; I packed the things up myself; I had the same bill, and brought the same home again. You said Mr. Bolton particularly carries on the inn? - Yes. Why, he is the only master and proprietor of the inn? - They are both partners, Mr. Hurnall and him; my master carries on the business. THOMAS BOLTON sworn. John Hurnall and me are partners in this inn; I know that the parcels that were produced at the officer's house in Fetter-lane were the goods that I sent by my porter; the officer's name is Campden; I made the bill of parcels, and took them from the owner's bills; I have the bill of them; I had examined them that evening after she coach came in, it was on the 17th of March, we lost two parcels, there were my marks upon them; I knew my own hand-writing. Mr. Knapp. Have you any partner? - Yes. Who is your partner? - Mr. John Hurnall . You made a bill of these parcels? - Yes. You received a great many parcels the same day, I suppose? - There were seven parcels which that man took. JOHN STAPLETON sworn. I am a carpenter; I was walking in Fleet-street, between 7 and 8 o'clock in the evening, on Tuesday the 17th of March, all of a sudden I heard a man halloo out he had lost his load, that very instant a man came up to him, and directed him towards the bar, and told him it was gone that way; I did not know who that man was; and I heard another voice say, he has not gone towards the Bar, he is gone the other way; I knew the voice of the man that said that, and I immediately went that way, and took down Fleet-street; I looked at every window, and in Serjeant's Inn; I then went up Red-lion Court, and through West-harding-street into Fetter-lane, and opposite Roll's Buildings I saw a man carrying a load; I looked at the load, and it appeared to me to be different parcels from an inn, or something of that sort, game; I thought I would be cautions, and I did not speak to the man, but I followed him, I believe for 50 yards; in following him, some man passed me in the highway, and joined this man that had the load. Who was the man that had the load, was it the prisoner? - No, Sir, a taller man, I dare say by a head; he joined him, and went up the lane, and went down Plough-court; I called for assistance, and three or four boys going by, I told them, and asked them to go with me; as we were going down they were coming up, and the prisoner at the bar had the load on his head; I seized him by the collar, and he threw it down, immediately some people came, and presently after the constable came and took him into custody. Mr. Knapp. So you followed a tall stout man up Fetter-lane, did you? - I said nothing about a stout man, a tall man, he had a load on his head. Then you followed him down Plough-court, and then the bundle was changed? - I suppose so, I did not see it changed, but by the appearance of the size of the man; I look upon it, it was changed down the court, I have no doubt it was the same bundle, it was changed, it must be changed. Then it was put upon somebody else's shoulder? - Yes, I took the person that had it on his head. Had you ever seen that person before? - Not to my knowledge. Did you see that person on that day before? - I did not. You did not see him as he followed the tall man up Fetter-lane? - No, I saw several people follow me, but I could not swear to any of them. Supposing this tall man had the parcels on his head, when you took the other man, should you have known his face? - No, I should not, the tall man was out of my sight, and I never saw the other man till he came up from the court; I cannot swear this man was in the lane when they went down the court. Supposing there had been no parcels at all on the shoulders of the prisoner, should you then be able to describe him? - No, Sir, I should not, he was a tall man, and when he went down the court he had the bundle on his head; and coming up the short man had the load. THOMAS CAMDEN sworn. I am a porter; I went of an errand for a gentleman, of Fleet-street, for a loaf of sugar; coming by St. Dunstan's church, by the pitching-block, a porter said, I have lost my load; and I said, go down Fleet-street. RICHARD HUTCHINS sworn. I keep a pork-shop in Fetter-lane, I am a constable, the prisoner was given in charge to me by Mr. Stapleton; I took care of him; the property was delivered to me; I took it the next day before the Alderman; the parcels were not all capons, there were hares, and a turkey was in the basket unpicked; the linen gowns were in a parcel, as I suppose; I know there was a barrel, they were ordered to be delivered pursuant to their directions, on account of their being perishable, I ordered Mr. Bolton to keep the directions, nothing was returned me. Mr. Knapp. You do not know at all, you say, what property was delivered to you by the prisoner, excepting that there were two bares, and a bartel, and the others were parcels unopened? - I do not know how many hares there were, they were never out of my custody. ANN BOLT sworn. Court to Basham. Shew that paper to that young woman. Court to Ann Bolton. Was there any bundle in the paper with that direction? - Yes, there was something in it, this is the paper that came with the gowns. Court to Bolton. Have you any bill that corresponds with that of the gowns? - Yes, the weigh-bill; it is the first on the list. Mr. Knapp. This is a bill delivered to the porter of the inn with the parcels; and it says, "Mrs. Monk, Mount-street," one parcel. Court. Did you see it taken out of that very parcel that was taken from the prisoner? - I did, two gowns. When? - The 18th I delivered the parcel into the porter's hands myself; this parcel was directed to "Mrs. Monk, in Mount-street, Grosvenor-square." Mr. Knapp to Basham. You know nothing at all what was contained in these parcels when you received them at the Inn? - No. (The paper that had the gowns in handed to the Jury.) Prisoner. I wish to speak for myself; I wish first of all, if it be agreeable to the Court, to have all the witnesses out but the porter. (The following questions were handed from the prisoner to Mr. Knapp.) To the Porter. How long after the conversation took place was you knocked down? - I cannot justly say, a very little time, indeed. How soon did you go home after that time? - I suppose it might be two hours after I went home. Why did not you go home direct? - I did not like to go home; I was afraid to go home to my master. What sort of a day had this been? - It was a darkish day. The streets vastly clean, I suppose? - Not very clean, middling, a dry day. Who did you see when you went home? - I went to the publick-house just by our house, and I sent to our ostler, he is not here; then I went home, and my master sent for me. Was you hurt by your fall? - No, not stunned, but frightned; I told my master, Mr. Bolton, I had lost all my load. What did he say to you? - He seemed to be very little concerned about it. He did not blame you? - No great matter. You was afraid of losing your place? - Yes, that was more than any thing else. Mr. Bolton. I saw the porter when he came home, the ostler brought him to me; he was very much flurried; he was afraid to come home. His clothes were very dirty? - No, Sir, I do not recollect they were, I took but little notice of him; I immediately set off to No. 3 or 4, a coachman said they were in Duke's Place. PRISONER's DEFENCE. My Lords, and Gentlemen of the Jury, impressed with the highest sense of candour of your Lordship, and you Gentlemen of the Jury; I hope you will not be prejudiced against me because I have stood at this bar once before; I hope that the voice of slander against me will do me no hurt: I was returning from Westminster, and went up Fetter-lane to go towards Moorfields; on my way home I saw some persons turn down a court, it was rather dirty and dark, I mistook it for Bartlett's Buildings; a tall person threw a load down within a few yards of the court; I caught hold of the load, and immediately Mr. Stapleton collared me; I expostulated with him in a manner that I was not the person; he insisted on stopping me 'till he went for a constable; the boys likewise came along; I asked the young men, if they did not see him throw the load down? they said, no; if I must speak, it was a tall man that threw it down; I told the magistrate so the next day; when the porter came before the magistrate, he said, the blow that was given him stunned him, and that he did not see the person; I throw myself on the mercy of the Court; my life is now at stake; I have no witnesses. NOT GUILTY . Tried by the London Jury before Mr. ROSE. 344. GEORGE WILLIAMS was indicted for stealing, on the 15th of April , a pair of black breeches, value 5 s. two muslin aprons, value 4 s. another apron, value 1 s. a pillow-case, value 1 s. a silk handkerchief, value 2 s. the property of Samuel Hales ; and a silk handkerchief, value 2 s. the property of Ann Baverstock . SAMUEL HALES sworn. I keep a publick-house at Dalston ; last Wednesday was a week, which was the 15th of April, the prisoner was at my house; he had been there some time, he had some ale to drink; I was standing at the door taking the money of the waiter, and I know who comes in and who goes out; seeing the prisoner there some time I took particular notice of him, he first got up into the garden, and had a pint or two of ale; then went into the little room opposite the bar; after a while I saw him go up and after that he came down again; he walked about, and looked about him; I did not much like him; a little after that he came by me as close as I am to this gentleman, and went up stairs again; I took no notice of him, he had no bundle when he went up, and I saw him come down with a bundle under his arm, as he came by me I looked at him very hard, I wondered how he came by that bundle; I thought I saw the corner of a silk handkerchief, he looked about him quite unconcerned, and went into this little room where his friend was; soon after he had had his glass of ale, the other man came out and paid me for the ale; then the other went up to him again, and the prisoner met his friend, and they went in again and drank the ale; I took an opportunity to run up stairs to see whether there was anybody in that little drinking-room, nobody was there, I ran immediately to the bed-room door, and I saw the prisoner run away, I cannot say whether the door was locked or no; I immediately ran down stairs, there was a man standing at the door; I said come along with me, he ran down to the bottom of the garden, and just as we got to the bottom of the garden I saw the prisoner with a bundle under his arm, I ran after him and caught him by the flap of his coat; he said, d - n your eyes, what do you want with me? I told him I wanted my property; he immediately flung the handkerchief down, and gave me a violent blow over the head, then immediately my gardener seeing that he collared him; we brought him up to the house, and I brought the bundle under my arm which contained the things in the indictment, they were mine, they are here, the officer has them. THOMAS TAYLOR sworn. I saw the prisoner with the bundle under his arm, when my master caught hold of him. JAMES GRIFFITHS sworn. I was sent for to take this prisoner into custody, Mr. Hales gave me these things, they have been in my possession ever since. Court to Mr. Hales. Were the things you gave to the constable, the same that the bundle contained? - Yes. (Part of the property deposed to by Mr. Hales.) ANN BAVERSTOCK sworn. This handkerchief is mine, it has no mark; I cannot swear to it, but I believe it to be mine, I know some of the things are my mistress's; here is a muslin apron, which was rough dry and put by. PRISONER's DEFENCE. I did not go into the room to fetch these things out, but the other man that was in the little room fetched them out, and desired me to fetch them down myself; my friends and witnesses were to meet me tomorrow morning; he told me he had this bundle, and that it was in a closet, and the key was in the door. Court. This is an admission of the crime; the evidence together with what the prisoner has now said, leaves you nothing to consider of at all. GUILTY . Transported for seven years . Prisoner. Would your lordship admit me to go into his Majesty's service; I have always maintained a good character, I was accused by my prosecutor, who knew I had been transported once. Owen. I do not remember him. Prisoner. I wish to go to the Indies, if you will admit of any thing of the kind; I am brought into this by a villain. Court. I cannot give you that indulgence. Tried by the first Middlesex Jury before Mr. RECORDER. 345. FRANCIS EVANS and JAMES SCOTT were indicted for stealing, on the 29th of March , a hempen rope, and an iron chain affixed thereto, value 20 s. another piece of hempen rope, value 2 s. three pieces of other hempen rope, value 2 s. the property of Frederick Croker . FREDERIC CROKER sworn. I am a pilot ; I lost the things in the indictment from the lighter head; on the 30th of March I was absent for a week, and then returned; I know nothing with respect to the lighter's being broke open myself; my property was never found. JAMES CROKER sworn. On Monday morning I found a coat button on the lighter-head, the constable has it, I kept it till my father (the last witness) came home; the step-board belonging to the wherry was in the lighter's fore sheets, which was belonging to the boat that they had stolen away; I suspected the prisoner by the button, we found them in East Smithfield on Tuesday morning the 31st; they were taken in East Smithfield; they ran away when they saw us, we did not find any of the things; they were overtaken, they acknowledged taking the things in a public-house. DANIEL KITCHENOR sworn. My master sent me to look after the chain, I was walking down towards Ratcliffe Highway, and just before I came to the door I saw Evans and one Beck together; then I stept back, he is an accomplice, I said, I believe I want you; then afterwards I let him go; he ran away and I ran after him, and took him again; I sent my master's son away immediately to fetch his father; he brought him to Battle Bridge; then we went to the public-house, and I heard Evans say, he was the person that lent a hand to rob the lighter, on the 31st of March, before Justice Swabey; I cannot say whether it was taken in writing or not, I was present when he was examined. Prosecutor. I was present, there was no promise made to Evans or Scott to tell the truth; I heard what he said. Kitchenor. Evans said he lent a hand to haul the chain out, and put it into another boat; Scott said he was not guilty. Prosecutor. I heard Evans say that he lent a hand to haul the chain up out of the lighter-head, and to put it into the wherry, and that they sold it at Limehouse for half a guinea; we were going out to search, and before I went out they sent me word they had taken a man; the button which was found and given to me is one of the accomplice's that was admitted an evidence; his 3d and 5th buttons are off his coat; Evans got from them, at that time they did not secure either of them but Beck; Evans got off. - BECK sworn. Court. I shall not hear Beck's evidence against Scott. To Beck. You was concerned in this robbery? - Yes. Was Evans with you? - Yes. Are you sure of that? - Yes. What time did you go on board the lighter? - Between eleven and twelve o'clock. How many were there of you? - Four of us; we took a piece of chain, and two or three pieces of rope; we got a piece of stick and broke the hold board up, and got a chain; we carried the things to Limehouse; there we sold them for half a guinea for the chain, and half a hundred of rope and other things for twelve shillings and nine pence; they gave us twenty-three shillings and six-pence for it all and two tarpaulins. PRISONER EVANS's DEFENCE. Scott had nothing to do in the affair; Beck persuaded me to go out with him, I being a little in liquor went out with him, little thinking any thing of that kind, and he hauled the chain up. FRANCIS EVANS , GUILTY . Transported for seven years . JAMES SCOTT, NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 346. FRANCIS EVANS , and JAMES SCOTT were indicted for stealing, on the 29th of March , a piece of hempen rope, called a five-inch hawser, value 5 s. the property of Jeremiah Hayes . JEREMIAH HAYES sworn. The lighter was broke open, which lay near to my ship, and my ship was cut adrift, and every bit of the hawser down to the chain was cut away; I know no more than that my ship was cut adrift. There was no more evidence but that of Beck the accomplice BOTH NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 347. GEORGE WOOD was indicted for burglariously and feloniously breaking and entering the dwelling house of Samuel Gigney , the elder , on the 1st of March , and burglariously stealing therein, a silver milk-pot, value 10 s. a punch-ladle, value 5 s. a tea-strainer, value 2 s. a silver watch, value 3 l. two silver table spoons, value 20 s. four silver teaspoons, value 5 s. a black silk cardinal, value 10 s. and eighteen guineas in monies numbered , the property of the said Samuel Gigney , the elder. SAMUEL GIGNEY , the elder, sworn. I live at Cambridge Heath, in the parish of St. John's, Hackney ; the prisoner and two others lodged at my house; I went for the benefit of my health, about a fortnight before I heard of this robbery, into Kent; and on the 9th of March my son sent for me; I had left in my house the things mentioned in the indictment, they were in my lodging-room up two pair of stairs, the prisoner lodged next room to me. Mr. Garrow, Prisoner's Counsel. Who did you leave in the house? - My lodgers. They could come in and out as they pleased? - Yes. WILLLIAM GIGNEY, junior, sworn. I am the son of the last witness, I am a baker, I live in Well-street, Hackney; on the 9th of March I went to my father's house on Cambridge Heath; I went up two pair of stairs where my father lived, and I found the door open; I fastened the door, I sent an express to my father, and when he came up, he told me of the property he had lost. JOHN LEE sworn. I am constable at Hackney, I served a warrant on the prisoner at Erith, on the 12th of March, he was at work in a brick-field; I did not chuse to take him there, on account of the quantity of people that were at work; I took him on the Thursday following at a public-house; I searched the prisoner, and in his fob I found the glass of a watch broke; I went with the prisoner down a cellar at his lodgings, and he there pulled out a parcel of spoons and a cream-pot, which were covered over with sand; two table-spoons, four teaspoons, a tea-strainer, a punch-ladle, and a silver watch, were in the sand, and a black cardinal was tucked underneath a beam between the joists of a floor in the cellar; I took him into custody, and after examination he was fully committed; he said he could not say he did not commit the robbery, but he did not break the door open; I heard no promise made him to induce him to confess. The property deposed to by Samuel Gigney the elder. The prisoner called four witnesses, who gave him him a good character. GUILTY, Of stealing to the value of 36 s. Transported for seven years . Tried by the second Middlesex Jury before Mr. ROSE. 348. WILLIAM INNIS was indicted for stealing, on the 11th of March , four pair of thread stockings, value 6 s. the property of John Eastfield . MARY EASTFIELD sworn. I am the wife of John Eastfield , I was in the shop when the prisoner came in, which was at half after five in the afternoon on Saturday the 11th of March; he asked for what is called a pea jacket, which is a rough jacket, I went to look for one; another man came just in at the door, and said, have you a second hand one; I told him we did not deal in second-hand things, he said he would call again; he went out, and I observed him very shy of me; I let him go on, and observed something under his arm; I called out stop thief, and he was taken, I lost sight of him for a little while; I am positive to the property. SILVESTER ATKINSON sworn. I am a butcher, I took the prisoner, I observed the prisoner drop the bundle; he never was out of my sight; I took him about twenty yards from the place where he dropt the bundle. GUILTY . Publickly whipped . Tried by the second Middlesex Jury before Mr. ROSE. 349. WILLIAM ATRIDE , alias BARKER , was indicted, for feloniously stealing, on the 20th of February last, a gelding, value 6 l. the property of Richard Street . RICHARD STREET sworn. I am a farmer at West Lambeth , I lost a gelding, I have had it some years, I can only prove the property. WILLIAM YOUNG sworn. I am a labourer, I was employed by the prisoner to take the horse to a Repository, I live in Holborn, I never knew the prisoner before he applied to me, which was on Wednesday about 8 in the morning, this day month, the prisoner came to the Swan at Holborn-bridge, and brought a letter in his hand to the inn-gate; and asked me, if I knew St. Martin's-lane? I said yes, very well; he said he had a horse to go there to the Repository, and he bade me carry it there; the ostler of the Swan Inn delivered the horse to me in the presence of the prisoner, and if he was sold I was to bring the money; I took the horse there, and delivered it to the servant at the repository, and the letter likewise, that was about nine in the morning; I asked the servant what time they would begin to sell; he said about eleven? I said, I have no occasion to wait, I will go back, so I left the letter and the horse; and I came back again, and found the prisoner there; says he, what are you to have for your trouble? I said a shilling; and he said he would give it me; but he did not: he bade me go back and come again at one, for he was going; he went to the repository, and I ran after him seeking for my money; says he, if the horse is sold I will pay you the money; and if not sold you shall take him back again to the inn; the same night I waited there, the horse was put up at 3 l. and each bidder rose him at 10 s. each time 'till he came to 5 l. 10 s. and then he was knocked down; there was no money paid; then the prisoner came back, near to the inn, when all was over, and bade me stop at the gate, which I did 'till about four o'clock, then he took me down Holborn again, pretending he was to lay at the Swan in Holborn, and then he ran away; I am sure the prisoner is the man, but he was dressed better a great deal then, and his hair was powdered a little, but that is the man; I went to the repository the next morning after he flung me; and I asked, what time he was to be paid? the man asked me, if it was me that brought a letter and the horse? says I, I am afraid he has bilked me; the man told me to come between 9 and 10, and I might see him; I never heard any more of this matter 'till I was at the justice's. THOMAS KING sworn. I am servant to Mr. Aldridge, that keeps the repository in St. Martin's-lane; I remember the last witness coming, he brought this letter which I have in my pocket, upon opening it, it mentioned the horse was to be sold for what he would fetch, and to pay the bearer; then the porter went away; he came again in the afternoon, and likewise the prisoner came; he asked me, what time he could receive his money? I told him not before Friday, that was Wednesday morning the 18th of February, when he brought the horse to our house, the prisoner staid at the next door, a publick-house, on the Friday morning, I told him he might come for the money, the clerk was there, I had a mistrust the horse was stolen by the writing of the letter, and I apprehended him on suspicion. Prosecutor. I lost my gelding out of a straw-yard, the horse was there at eight at night, and was gone in the morning at six, it was the 16th of February; I knew the prisoner very well, he was bred and born in the parish, he has not lived there for some years, I had the horse for four or five years, the horse was 11 or 12 years old, he was a dark bay-gelding, a blemish in the off-eye, a little lame on the shoulder, he was a very remarkable horse; I have no doubt he was my horse; the prisoner had been a gentleman's servant. PRISONER's DEFENCE. I was employed by a man to take this horse to sell for him; I received the horse from the man in a halter; I have no witnesses. Jury. We wish to see the letter. Court. It must be read. Addressed to "Mr. Aldridge, at the "livery-stables, St. Martin's. Wednesday "morning. Mr. Aldridge. Please to sell "this horse to-day, if possible, for what "you can get, and please to pay the bearer "the money; and you will oblige your "humble servant, John Barker, West "Lambeth, Surrey." GUILTY , Death . Tried by the second Middlesex Jury before Mr. Justice HEATH. 350. EDWARD WELCH was indicted for stealing, on the 3d of April , a feather-bed, value 10 s. a bolster, value 3 s. a pair of linen sheets, value 5 s. the property of John Evans , in his lodging-room , let to him by the said John Evans , &c. ANN EVANS sworn. My husband's name is John Evans ; the prisoner came to lodge at our house on the 1st of April, and went away on Friday evening, he never gave us notice; I missed a bed, a bolster, and sheets; and I missed other things which are not in the indictment; he was taken the same evening with the things, and the next morning he was taken before the magistrate. THOMAS CHIFFIN sworn. I am a pawnbroker; this sheet was pawned the 3d of April, about six in the evening, by the prisoner. (The sheet marked I. E. deposed to by Mr. Evans.) JOHN PENLEY sworn. The prisoner came to my shop on the 3d of April to sell a bolster and sheet; he said they were his own, he asked me 5 s. for them; he then said, he had a bed and bedding at home at his lodgings in James's-street; I went home with him, and looked at them; he asked me 1 l. 2 s. I bid him 15 s. I did not then pay for them, but went to a Justice, and gave information; and we went and took the prisoner, sitting on the bed, in Oxford-street. (The sheet and bolster deposed to by Mrs. Evans.) PRISONER's DEFENCE. I was brought into this scrape by a young woman who took the lodgings of another young man. GUILTY . Transported for seven years . Tried by the second Middlesex Jury before Mr. RECORDER. 351. JOSEPH LYNS and JOHN JEFFKINS were indicted, for stealing on the 18th of April , eighteen iron saw-plates, value 4 s. and an iron hammer, value 1 s. the property of William Green and Thomas Dixon . WILLIAM GREEN sworn. I am a stone-mason , in partnership with Thomas Dixon, the prisoner Jeffkins had worked for us; on the 8th of this month, about six in the morning, I found our yard had been broke open, and the things mentioned in the indictment taken away; about 10 o'clock the same day I saw both the prisoners at the Justices, and they made a confession; we found the things at one Cartwright's, who said he was a cobler, or a shoemaker. WILLIAM CARTWRIGHT sworn. I keep a shop, and sell old shoes, and other old things; the prisoners brought me those things to sell as old iron, they were both together; one of them said, his father was a stone-sawyer, and had been two years making these old wasters; I bought them as old iron; I live in Ogle-court, Marybone, at No. 7. Court. How came you to buy those things as old iron? - I thought they were good for nothing else, they were knocked up together. Court to Green. Was these things fit to be sold as old iron? - Some were, and some were not; some are new, and some are old. Court. Could not anybody that understands old iron know that these were not fit to be sold as such. Cartwright. I did not understand it, my Lord. (A hammer deposed to by Mr. Green.) (Some of the saw-blades deposed to.) Court to Cartwright. What did you give for those things? - A halfpenny a pound, that is as much as I can give for iron that is not thick; those people that buy iron of me give me no more than a halfpenny a pound. - BEAMISH sworn. I am an officer; I went to take the prisoners in custody, and Jeffkins told us where they had sold them; we went to Cartwright's, and in a shed, at the back of his house, we found these saw-blades, and the hammer was found in the shop. Court to Cartwright. Let me give you this caution, that if you had been on your trial for receiving these things, most likely the Jury would have convicted you, and you would have been transported for 14 years. JOSEPH LYNS , GUILTY . Imprisoned six months . JOHN JEFFKINS , GUILTY . Imprisoned twelve months . Tried by the second Middlesex Jury before Mr. RECORDER. 352. JOHN BRADY , RICHARD ROBERTS , and JAMES TYRE were indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Dunhill , about the hour of eleven in the forenoon of the 9th of March , and feloniously stealing therein, twelve yards of calico, value 10 s. his property. JANE DUNHILL sworn. I am wife of the prosecutor, my husband keeps a linen-draper's shop in Oxford-street ; on the 9th of March I lost some callico about eleven in the morning, I was the only person in the shop; three boys came in to ask to look at a silk handkerchief; the prisoners are the boys, I shewed them a silk and cotton one at the price of two shillings, and the prisoner Brady said he would buy it, if the little one (Tyre) would lend him six-pence; the little one refused to lend him six-pence, and they walked out of the shop; we did not miss any thing till a man came with the callico to the shop, his name is George Allen . GEORGE ALLEN sworn. I am a constable, I met three lads in Moor-street, in the parish of Saint Ann's, and knowing two of the lads, I suspected they had been stealing this; it was tied up in an apron, and I saw a piece of it hanging out; Roberts had it, I met him on the 19th of March, between eleven and twelve, I took them into custody; Roberts said he found it, the other two run away, and they were apprehended soon after, and they were soon after brought into the office, I knew them again. THOMAS DUNHILL sworn. This is my property, here is the mark in my hand-writing. Do you sell it with that mark upon it? - We leave the fag end on where we put our mark, I saw it the evening before, we had been making some particular use of it; I laid it on some Irishes on the counter, and in removing the Irishes in the morning, I laid this piece on the counter, and went out on some business, I never missed it till the man brought it in. What is the value of it? - About eleven or twelve shillings, it is full that value. PRISONER ROBERTS's DEFENCE. I saw these two lads go in the shop, I met with them a little after, I thought it was a shirt lay on the counter, and I wanted a shirt and I took it; these two lads know nothing of it. PRISONER BRADY's DEFENCE. I went in to buy a neck-handkerchief, and this little boy and Roberts came in after us; we knew nothing of him, I have no friends. PRISONER TYRE's DEFENCE. I am turned of ten; I have nothing to say. Court. How many yards of it is there? - Twelve yards, I have valued it at one shilling a yard, but the prime cost is sixteen pence per yard. Court to Mrs. Dunhill. Did the three boys come in together? - I cannot positively tell how they came in; the three were in the shop together, and seemed to know each other. JOHN BRADY , aged 14, RICHARD ROBERTS, aged 14, JAMES TYRE , aged 10, GUILTY, Of stealing, but not privately . Transported for seven years . Tried by the second Middlesex Jury before Mr. Justice HEATH. 353. EDWARD LARY was indicted for feloniously making an assault on Joseph Borret , on the King's highway, on the 11th of January , putting him in fear, and feloniously taking from his person, and against his will, one silver watch, value 3 l. and a steel chain, value 2 d. his property. The witnesses examined apart, at the request of Mr. Garrow, prisoner's Counsel. JOSEPH BORRETT sworn. I am a butcher , I was robbed on the 10th of April, about five o'clock in the afternoon, in Duke-street, Lincoln's-inn-fields ; there were three of us together; I, Mr. Vincent, and Mr. Birkwood; we were coming along Duke-street, and we went into the Roman Catholic chapel, and staid there half an hour; we came out again, and the prisoner met us, he struck Mr. Birkwood, and tore his shirt; the prisoner asked him what he was laughing about; we were talking together, and coming away. Court. Did you see the prisoner come out of the chapel? - No; Birkwood said to the prisoner, we might laugh in the street without offending him, and he struck him in the breast; I said, keep your hands off, or else we must take another course with you, and he turned about to me. Was he sober or drunk? - I cannot tell; he then struck me in the breast, and I went to run from him, and he run after me, and he pulled the watch out of my fob; we we were all running away, and he run after us; the prisoner had got hold of my watch-chain, and in pulling it out the watch separated from the chain, and hit against a carriage wheel; a gentleman picked up the case, and gave it me, I picked up the watch; I turned about to get the chain out of the prisoner's hands, and he struck at me three or four different times; he dropped the chain, then I picked it up, and in picking it up, he struck at me again; I then got out of his way, and kept my eye upon him, and sent to Bow-street for a constable; Mr. Vincent brought the constable, and I watched him into a public-house in Lincoln's-inn-fields; he was standing at the door of the public-house, and I gave charge of him; it might be a quarter of an hour after, this was about five in the afternoon. Court. There were people going past I suppose at the time? - Yes, there were four or five. Mr. Garrow. This was on Good Friday, was not it? - Yes. That every body knows is a great day among the Roman Catholics ; you know that, do not you? - No. Are you a Roman Catholic? - I hardly know what I am myself. Are you a Roman Catholic or not; there is no crime in it? - I am a churchman. Had you been into the chapel? - Yes. The prisoner had been there at his devotion, he is a Roman Cotholic? - I do not know, I did not see him in the chapel. How long had you been in the chapel? - I might have been in about twenty minutes. You went in there for your diversion? - No, I was coming home. Of course you did not go for your prayers? - I went as other people did. How long had you been amusing yourself with crossing yourselves, and calling those people craw-thumpers, as they came out at the door? - We went into the chapel, we did not stop at the door. Had neither you nor your friends been insulting the persons that came out? - No, Sir, we were coming away. Had nothing of that sort passed? - Mr. Birkwood did cross his face. Did he thump his breast too? - I do not recollect that. Upon your oath, was not these insults to the Roman Catholics , the cause of the quarrel between you and the prisoner? - I do not know, I said nothing to the prisoner. Did your companions say any thing to him? - I do not recollect that they did. Do you mean to swear that you do not recollect that that was the cause of the quarrel? - No, I cannot recollect. Why you told me only just now that that man asked you what you was laughing at? - He asked Mr. Birkwood. Did not you strike at him, and strike him actually in the cheek with your watch-chain? - No, Sir, that I can safely say; this man was in the street about two minutes, and then he went into the chapel, and stopt about a minute. Then after he had robbed you of your watch, he went into the chapel again? - Yes. And then he went to the public-house in Lincoln's-inn-fields? - Yes, and staid there about twenty minutes; I never was at the chapel before, it was my way home. Are you a master butcher? - A piece of one; I have been in it about a month. Why it would be a good convenient thing to get forty pounds towards setting up in trade; would not it? - I do not know, it was not my intent. Do not you know that there is a reward of forty pounds? - I have heard of such a thing. THOMAS VINCENT sworn. On Good Friday I was at this Roman Catholic chapel with Borret and Birkwood; I suppose we might stay in the chapel for a quarter of an hour; I did not see the prisoner in the chapel, we were all three of us coming out of the chapel, and were not above six yards from the chapel door when the prisoner met us, the service was not over; when we came out of the chapel, the prisoner met us; me, Mr. Borret, and Mr. Birkwood, were speaking as we came out of the chapel, and he asked us what we laughed at; I told him we did not laugh at him, nor interrupt him, nor any body that was there; upon which he struck Birkwood in the face; Borret desired him to desist, but he did not, but he struck Borret; a gentleman came along, and told us we had better make off, unless we intended to take him up; I acquiesced with the gentleman, Birkwood and me walked on, and looking back for Borret, saw a watch and the case rolling along the ground, and I saw a watch-chain in the prisoner's hand, by what means Borrett came by the chain again, I do not know, I do not justly whether the prisoner went into the chapel immediately, for I was desired to fetch a constable, which I did; we took him at the Crooked-Billet, near Clare-market; it might be the space of a quarter of an hour after, but I cannot say how long; he was taken to Bow-street, and committed. Mr. Garrow. You were just speaking as this man came out of the chapel? - Yes, that was all. I take it for granted, you was not crossing yourself; you are too decent: Did you cross yourself? - No, Sir, I swear that. Did Birkwood cross himself? - I cannot tell. Did any body beat their breasts? - We had not been amusing ourselves in laughing at the people at chapel; we had been in the chapel about half an hour; I am a churchman, we did not insult them; we were going that way, and I hope there is no harm in going in. This robbery was done in the face of all the world? - It was in the publick street, there were not a great many people at the door at that time, there were some. How happened it you did not immediately seize this man? - Because we were desired not to seize him; we thought it best to fetch a constable. Had he produced any dangerous weapon that frightened you? - No, Sir, nothing of that sort, there were only us three. WILLIAM BIRKWOOD sworn. I am a butcher; on the 10th of April, Borrett, Vincent, and me, took a walk into Duke-street, Lincoln's-inn-fields, we met with the Roman Catholic chapel, and dropt in and staid half an hour; we came out again, and went into the middle of the highway, we were all three speaking together, when the prisoner met us, he came up to me first, as I stood next him; and he said, you scoundrel, what are you laughing at? says I, my good man, we are saying nothing to you, we are laughing at ourselves; he hit me a stroke on the breast; I turned me round, and said, good man, go about your besiness; he took me by the collar, and tore my shirt; he shook me, and hit me another blow; a gentleman and lady coming by persuaded me to go from him, which I did; and I turned back, and saw Joseph Borrett coming towards me, with the body of a watch in his hand, and the watch case laying on the floor; but I saw no more; I did not see the watch chain in his hand. Mr. Garrow. You are a butcher? - Yes. These foolish Roman Catholicks do not deal much with butchers on a Good Friday? - I believe they like fish; I can say it was not our intent to go in to insult them. You were laughing at one another? - Yes, we were only speaking a little, we did nothing else. You did nothing else by way of insulting these people at all? - I was not insulting them at all. Who was it crossed himself? - I do not understand you. Do you mean to swear, that you do not understand what I mean? - Yes, I do. Who did this? (crossing himself.) - The prisoner at the bar. Who did this? (making the sign upon the breast.) - The prisoner at the bar; I thought he meant to strike me. Do you mean to swear that in the face of the Jury, that you really thought that? - Yes, I did. What did you think I meant by imitating the Roman Catholicks ? - I only say this, that we were laughing at our- ourselves. Upon your oath, did not you make a sign of a cross with your fingers on your face? - No, Sir, I never touched my face. Did you cross yourself any other way? - I might point my fingers to my body. Jury. We are satisfied. NOT GUILTY . Tried by the second Middlesex Jury before Mr. Baron HOTHAM . 354. MARIA ISRAEL was indicted for feloniously stealing, on the 6th of April , two pieces of muslin, value 3 l. the property of John Goldwell , privately in his shop . (The witnesses examined separate.) JOHN LANGARD sworn. I live with Mr. Goldwell, on the 6th of April, I was in the shop, No. 2, in Sidney's Alley , by myself, it is a haberdasher's shop; between three and five the prisoner and another woman came in for some muslins; some muslins were on the compter, when they came in, I had them in my hand about ten minutes before they came into the shop, I was serving another customer, they bought half a yard, and paid for it; and when they were gone out of the shop into the alley, about a dozen yards, I turned my head round, and saw some muslin under the prisoner's arm; I saw one piece, and could not tell what it was; just as I got behind her, the prisoner gave one piece to the other woman when she found I was detecting her; I saw another piece on the ground, I am sure I saw a piece under her arm, she had wrapped a piece under her cloak, and it was not quite covered, it was the piece I saw under her arm which she gave the other woman; the woman got off, I snatched the piece from her just as she gave it to her; I never saw the prisoner before to my knowledge, she staid in the shop about a quarter of an hour. Did any other person come into the shop, while they were in it, besides the woman you were serving. - No other person. CHARLES ELLIOT sworn. I produce two pieces of muslin, one of which I saw the prisoner drop; I was accidentally in Sidney's Alley, going past, I believe it was about four in the afternoon; I saw Langard in the Alley at the time; I did not know what he was doing, he was among the mob, there was no cry of stop thief! I am sure I saw the prisoner drop the piece, there were not many people. Court. How many? - There might be two or three dozen people. Court. People enough to obstruct your view? - No, I saw her put it under her arm before she dropped it. (The muslin deposed to by Langard having his private mark.) Can you also swear that that piece of muslin was on the counter at the time the woman was in the shop? - Yes, I had had all the pieces in my hand about ten minutes before; and this is the piece I took from the other woman, and which I saw the prisoner give to the other woman; this also was on the counter at the time. Court to Langard. Are these two pieces of muslin new? - Yes. What is the value of them? - About three pounds. Prisoner. Where did you see me first? - The corner of Sidney's Alley, in Prince's Street. Prisoner. Elliot swore at the Justice's, that he saw me drop a piece in Liecester-fields; I was a quarter of an hour in the shop before any constable came; I was sitting in the back parlour. Elliott. There was no such thing said. PRISONER's DEFENCE. I went into this gentleman's shop; what I asked for I bought and paid for; I went out, and this gentleman came out, and he had some muslin with him; he brought me back; two or three of the neighbours came into the shop, and a constable came in; I did not think that my trial would come on 'till six o'clock. GUILTY, Of stealing, but not privately . Tried by the second Middlesex Jury before Mr. Baron HOTHAM. [Transportation. See summary.] 355. MARGARET CARTER was indicted for stealing, on the 9th of March , one pair of cotton stockings, value 2 s. and one pair of silk stockings, value 8 s. the property of William Somerset , privately in his shop . WILLIAM SOMERSET sworn. I live in Newport street, Leicester-fields , I am a linen-draper and hosier ; my house was broke open, on Monday the 9th of March, between three and four in the afternoon, I was in the shop, and saw the prisoner and another woman walk past the shop several times; I lifted up a shawl, which hung on a rail before the window, and saw the prisoner and another woman at the window, the window was not open; I heard a noise, and looked and missed two pair of stockings immediately; I believe the glass was cracked before they pushed the piece out; I am sure the piece was not taken out before; I saw the piece in the sash not ten minutes before; I followed them, and overtook them in Gerrard street, Soho; I asked the prisoner to go back with me, for I thought she had stole some stockings out of my window, she said she would, she went back; I immediately sent for a constable, and searched her, we found one pair of stockings upon her. Was the prisoner out of your sight? - Yes, but I took particular notice of her, as I saw her walk past several times, I can swear she is the same. CHARLES YOUNG sworn. I was sent for to take the prisoner into custody, and in searching her I found these tied stockings underneath her apron, she did not say how she came by them; they have been in my possession ever since. (Deposed to by the prosecutor by the private mark.) PRISONER's DEFENCE. I have nothing to say. GUILTY, Of stealing, but not of the burglary . Transported for seven years . Tried by the second Middlesex Jury before Mr. Baron HOTHAM . 356. JOHN WARD , EDWARD CHURCH , and JOHN BLINKWORTH , were indicted, for burglariously breaking and entering the dwelling-house of Joseph May , about the hour of one in the night, on the 7th of March , and burglariously stealing therein, a silver pint mug, value 3 l. a silver milk-pot, value 8 s. two silver pepper castors, value 20 s. two silver tea-spoons, value 2 s. a pair of sugar tongs, value 6 s. a time-piece, value 10 s. a coat, value 3 s. a pair of velveret breeches, value 2 s. two canvas bags, value 1 d. several pieces of base metal, value 1 s. eight shillings, 16 sixpences, a piece of silver, being part of a sixpence, value 1 d. 9 silver threepences, ten silver fourpences, 250 copper halfpence, value 10 s. 5 d. his property. A second Count, for being in the same house, and stealing same goods, and afterwards breaking the same dwelling-house, against the statute. (The case opened by Mr. Silvester.) The witnesses examined separate by the desire of Mr. Garrow. ANN MAY sworn. I am wife of Joseph May , my husband is a butcher , and lives in Fore-street , on Saturday the 7th of March, I went to-bed between 11 and 12, I was the last person up in the house, I was in the shop the last person, I fastened the door myself, I locked the desk, and I locked the till, the timepiece was there when I went to-bed, and the rest of the house was then safe; my servant Selina Wallis was the first person up the next morning. SELINA WALLIS sworn. I am servant to Mrs. May, on Sunday the 8th of March I arose nearly at six, I was the first person up, when I came down the street-door was open, I observed nothing else; I went up stairs, and my master came down in a few minutes after; I went and got a light, it was dark; then I remember some plate being lost, I saw it at 11 the night before; a silver pint mug, two silver a silver milk pot, two silver pepper casters, two silver tea-spoons; I had left them in a closet in the dining-room; I shut up the place myself; the time-piece was below stairs in a little compting-house in the shop, I am very sure all the house was safe on the Saturday night. JOSEPH MAY sworn. I am a butcher in Fore-street, on Sunday morning, a little before six, my servant called me down, when I came down the street-door was open, I examined the door to see whether the lock was strained, I found the door was not in the least forced, and the key in the lock as we always left it; I examined the back part of my house, and found it was broke into, where there are some rails from two inches to one inch and a half square, and a wooden fence to admit a little air, and to prevent any-body from coming in; some of them had been pulled down, the nails drawn, and the laths or fence broken to pieces; they got in at that place, they had made an opening large enough to get in, they got in underneath the yard; this lartice supplies the place of the window, and this shop is part of my dwelling-house; I lost the things in the indictment (repeating them) the time-piece was in the compting-house in the shop; I lost some pieces of money, fresh of the Late King's coin, and one shilling in particular of the late King, that I marked, and one shilling wrapped up in a piece of paper of his present Majesty's coin; the paper has one or two faint marks of yellow, this money was in my desk in the shop, which was forced open, and the hasp that goes into the lock was forced into it; I lost a coat and a pair of velveret breeches which had been scowered, and the coat likewise; I lost some silver two-pences and threepences, I cannot say exactly the sum, there was some base metal that was lost, that was taken out of the till of my compting-house, which was forced open, which had been formerly passed as shillings and sixpences; I am overseer of the parish, there was a bag with some little cash, that might amount to a few shillings, that was left in my desk that night, and another small bag, which we make use of, we used to put farthings into it, which I can swear to, and that was taken away; the prisoner was a servant of mine, I discharged him the 3d of February last. JAMES ARMSTRONG sworn. I am a constable of Shoreditch parish, I attend Mr. Wilmot's office, I stopped Ward and Church first; the prisoner Blinkworth was about two or three yards behind them, it might be about ten minutes after six; I stopped them in a passage that comes into Gravel-lane, Shakeshaft and Harper came up directly, and Church rather tried to shift his hold, I kept hold of him, and then clapped my hand in Ward's pocket, and found this pepper castor; at that time I saw Shakeshaft pull a pint mug out of Blinkworth's pocket; then Blinkworth said, Mr. Armstrong here is more; I searched his waistcoat pocket, and found two teaspoons, and this pair of tea-tongs, and there is a new shilling in that pepper-castor, that Blinkworth gave me out of his pocket after he was in the watch-house, he did not say anything about that, coming along we met Mr. May; Ward was searched by Harpur afterwards; May said, he had been robbed, and he said Ward had been his servant, and that the plate was his; the prisoner was taken to Justice Wilmot's, and Mr. May swore to the goods; Mr. Wilmot then asked them, what they had to say? one by one; they said it was the first thing they ever did in their lives, and they hoped Mr. May would forgive them, this was not taken in writing, as for Blinkworth, if he had not said search me, I should never have searched him, for I knew him so long, and his father lived in such credit, I had not the least suspicion. What is Blinkworth's father? - A very great scavenger in our parish. Mr. Garrow, Prisoner's Counsel. If he had been in any erapen you were likely enough to have known it. - I am sure I should. JAMES SHAKESHAFT sworn. I was in company with Armstrong and Harper, I heard him call out, and went to his assistance; I took hold of Blinkworth, and one of the others, I cannot be sure which; then Harper came to our assistance, and out of Blinkworth's coat-pocket I took this mug, and then this pepper-box, and a milk-pot; I then took a base half crown, nine base six-pences, and five base shillings from Blinkworth; and I took eight shillings in good money, and some new money from Blinkworth; we took them to the watch-house, and Mr. May said there, that he believed he had lost some of his clothes; Church said there was a coat and a pair of breeches in the store-houses between the tiles in the yard; we went there, and left Armstrong to search about, and he found them, and took them to Mr. May; Shakeshaft, I, and Mr. May, was present before the magistrate; the property was produced, and the magistrate asked them what they had to say for themselves; it was not taken in writing; Mr. May heard it, and the magistrate asked them one by one; and I think Blinkworth said it was the first thing he ever did in his life; and he hoped Mr. May would forgive him; so the other two said. SAMUEL HARPER sworn. I was in company with Armstrong and Shakeshaft, I searched Ward and Church, I found in Ward's left-hand pocket the time-piece, I found nothing else upon him, but some money in his fob; there were silver groats, and three pences, and shillings, and six-pences, there is a new shilling wrapped up in a paper; on Church I found this bag with the contents, and a paper of halfpence that I in the scuffle let fall; I found a crown's worth, wanting two; I have one hundred and eighteen; here is the bag with some halfpence and silver, and a broken six-pence. (The things found on Blinkworth deposed to by the prosecutor.) Prosecutor. The ring is marked with H. C. on the back, that is mine; one of the pepper castors has got a bruise; the sugar-tongs has the initials of my name, J. M. and the spoons also; (these things were found on Ward) this pepper-box I am sure is mine; the time-piece I am sure is mine, one of the screws, in taking it off, is broke off, I am sure of it; this shilling is mine, I swear to the paper it is in, because it is marked with two faint yellow spots; this is the bag I kept my money in; I am positive of the bag, it is my wife's make, we used to keep farthings in it; I can swear positively to this bag, because it is rent down on each side; and here is the piece of a six-pence, it was in my desk among some other money; this coat and breeches were found in a store-house belonging to the brewer, in Holloway-lane, in Shoreditch; when I said I believed I had lost some of my clothes, Ward said there was a coat and breeches of mine in that store-house; we went and searched it. Armstrong got on the back of Harper, and took them out; I am certain of it, it is marked in the sleeve; these are my breeches, there is a different kind of stuff at the back to the fronts, I am positive they are mine, I was in possession of them on the Saturday night when I went to bed. Prisoner Ward. I leave it to my Counsel. PRISONER CHURCH's DEFENCE. Ward was coming along, and this young man and I met him with these things under his arm, and he said he had picked them up. PRISONER BLINKWORTH's DEFENCE. I was going out, and I met Ward and Church, he had these things under his arm, we asked him what he had there; he said some things, he did know what they were; he said he found them. The prisoner Blinkworth called three witnesses who gave him a very good character. Blinkworth's Father. I had two or three words with my son one night, and he went a house of bad fame in Hollywell-lane, and I have lost my wife on account of it; she is since dead. The prisoner Ward called three witnesses who gave him a very good character. The prisoner Church called two witnesses who gave him a very good character. The Jury withdrew, after deliberating some time, and returned with a verdict, ALL THREE, GUILTY , Death . They were all humbly recommended to mercy by the Jury and Prosecutor. Tried by the second Middlesex Jury before Mr. Justice HEATH. 357. JOHN WHITE , the younger , together with JOHN WHITE , the elder, who was sick, were indicted for stealing, on the 23d of March last, a pair of iron collar links, value 1 s. a pair of jumping links, value 6 d. a standard pin, value 6 d. a plough pin, value 6 d. a plough spindle, value 1 s. the property of John Pond . JOHN POND sworn. I live on Enfield-chace , I am a farmer , I lost the things in the indictment, in an inclosure; I had seen the things about twelve on the Sunday before, on the 22d of March; I missed them on the Monday morning, coming to plough again; I had seen the prisoner once or twice before, he had worked near me. GEORGE LAWFORD sworn. I was fetched to apprehend the prisoners, I received them from John Beamer . JOHN BEAMER sworn. I am a poor labouring man, we took the father with the iron on his shoulder, and the boy was with him; he had a sack on his head, with the irons in it; in the sack I found the iron plough-spindle, a plough-pin, a standard-pin, and other things; he said at first he found them, he offered to drop them off his shoulder, and beg pardon if we would let him go. PRISONERS' DEFENCE. We had had no bread for two days, and we found them under a hedge. (The things deposed to.) Court to Beamer. How far was it from the prosecutor's that you apprehended the prisoners? - Five miles; it was on the 23d of March we took them. What aged man is the father? - I took him to be fifty. Was he capable of working? - At that time he was, he worked for a neighbouring farmer about a week. Transported for seven years . Tried by the second Middlesex Jury before Mr. Justice HEATH. 358. WILLIAM KNIGHT was indicted for stealing, on the 28th of January , a silver table-spoon, value 5 s. the property of William Gray . WILLIAM GRAY sworn. I keep the Bell Savage Inn on Ludgate-hill ; I lost a silver spoon on Wednesday the 28th of January; I only prove the property, I did not see him take it; I saw him afterwards, when the waiter charged him with it, and he took it out of his pocket; he said somebody else had put it in. Was there any body in the same box with him at the time the cloth was laid for him? - Not at the time he was at supper; there was a person sat nigh him at the time the spoon was taken from him; the constable has the spoon. JOHN CATTERWOOD sworn. The prisoner at the bar came to our house on the 28th of January, and ordered a mutton chop; it was dressed, I laid the cloth, and did not lay any spoon, and a gentleman came in and ordered a pint of porter, and a Welch rabbit, and the prisoner called for a spoon; I wondered what he should want with a spoon to a mutton chop; I saw him using the spoon against the edge of the dish, there was no gravy; when I came back I missed the spoon; the gentleman had not been a quarter of an hour by him; he did not sit on the same side with the prisoner; he sat opposite to him, the prisoner was there a matter of three hours; it was some time before the constable could be found. Mr. Schoen, Prisoner's Counsel. The prisoner had used your house very often? - Three or four times before. Do you know that he is a farmer in Northamptonshire? - I do not. Why; had not he slept at your house for some nights before? - He had slept there two nights; I waited upon him, and carried him his mutton chop. Your chops have never any gravy, I take it? - I did not think a spoon was wanting, I took the cloth away. Do you recollect leaving the spoon on the table when you took the cloth away? - No. Do you recollect whether the spoon was covered with a newspaper? - I swear I left no spoon there, when I took away the cloth; he ordered six-penny worth of punch. Do you recollect then, his asking you whether you had missed any thing? - He said nothing to me, that I swear. Was you perfectly sober that night? - Yes. That you swear? - Yes. You was not at all in liquor? - No. Do you recollect the prisoner asking you if you was sure you brought a spoon to that table? - No. Then the prisoner did not give you the spoon, and tell you you had left it there, and threatened to tell your master of your carelessness? - No, Sir, that he did not. JOSEPH THOMPSON sworn. The spoon has been in my possession ever since; I am a constable, I was sent for, and the prisoner denied having the spoon; I told him it was necessary for me to search him; he said, if I have any spoon about me, somebody else must have put it in my pocket; he then put his left-hand into his pocket, and pulled out the spoon. (The spoon deposed to by the Prosecutor.) Mr. Schoen to Thompson. Are you perfectly accurate as to what he said at the time? - He said if he had a spoon in his pocket, somebody else must have put it in. PRISONER's DEFENCE. On Wednesday the 28th of January I went to Mr. Gray's house, about nine; the waiter neither brought a spoon nor any salt, which I thought was something extraordinary, but he appeared as if he was in liquor; after I had been there a quarter of an hour, a gentleman or two came into the box, on the opposite side, I did not know them; after supper I ordered the waiter to take away the things off the table; in about ten minutes after he came for the newspaper, and there lay the spoon under the newspaper; there were two gentlemen in the box, I took up the spoon and said, what a curious fellow this is, Mr. Gray ought to be made acquainted with it; I put the spoon into my pocket with an intent to give it to Mr. Gray; and in about fifteen or twenty minutes after, I went to the bar to give it to Mr. Gray, he had two gentlemen with him in close conversation; I went and sat in my seat again, and ordered my slippers, I had slept there the two preceding nights, I called for six-penny worth of liquor; before that I said to the waiter, have not you missed something tonight? says I, do you recollect what you brought me? he did not recollect himself then; somebody in the coffee-room called him away; in about a quarter of an hour after he brought me six-penny worth of punch; when he bought it I said, don't you recollect you brought me a spoon, do not you recollect whether you took it away again? he said he did not know; says I, who should then? says I, I have the spoon and will give it to your master; he said I might do as I pleased; in consequence of that I apprehend he went to his master, and acquainted him that he missed a spoon, and had a suspicion that I had it; in consequence of that in came the constable; he said, I must search you; I said for what; I did not know that he was a constable; I believe I might be a little pert; says I, I have the spoon, it is in my pocket; he took it away from me; there came a swarm round me, and the constable did not use me well, he began to pull and shake me about, he took me by the collar and pulled me about, he did not use me in a genteel manner; then he took me to the watch-house in Fleet-market, and from thence to Wood-street compter; the next day I was taken before Mr. Chamberlain Wilkes; I begged him to be so obliging as to wait a little while, I expected a gentleman to come on my behalf, that saw me hold up the spoon, I had no intention of taking it, which the waiter must know; the Alderman put off my hearing till the next day; I mentioned it to Alderman Clarke, he said if you have not that person I must commit you; last session I put off my trial on account of the absence of my witnesses; I hope that will satisfy you. The prisoner called three witnesses who gave him a very good character. Court to Thompson. At the time the spoon was found in his pocket, did he say any thing of this? - When I told him he was charged with stealing a silver spoon, and I must search him; he said I had no business, I said I must; he said, if I have a spoon in my pocket, it is more than I know of, for I have none. But did he say any thing to his having put the spoon there, with intent to tell the master? - No. Prisoner. He would not allow me an opportunity. GUILTY . Transported for seven years . Tried by the London Jury before Mr. Baron HOTHAM . 359. JOHN KING was indicted for stealing, on the 15th of March , a hammer, value 5 d. a cloth jacket, value 5 d. a shovel, value 10 d. the property of Philip M'Guire , a hammer, value 5 d. a trowel, value 6 d. the property of James Wycott . PHILIP M'GUIRE sworn. The prisoner took from me a hammer and a jacket at Kentish Town , out of the house where we were at work, on Saturday night, the 14th of March; the prisoner worked there for us; we were plastering, we left work about six on Saturday night; I hid my tools, the prisoner saw me hide them; on Monday morning I came to work, and found the things gone; I went in search all Monday and Tuesday; and on Tuesday evening I caught the prisoner with my jacket upon him, in New-street, Covent Garden; I asked him what he had done with the rest of my things, and he said he had pawned them; I went with him to Mr. Davis's, the corner of Bell-yard, St. Giles's, and there I got my hammer, which was pawned for three-pence; my partner, James Wycot , lost some things at the same time; the prisoner had nothing to say for himself. JAMES WYCOTT sworn. The prisoner was at work with me at Kentish Town, and on Saturday evening I hid my tools with my partner's, the prisoner saw us put them there; they were gone on Monday morning; I found my things on Tuesday afternoon at the pawnbroker's. JOHN JONES sworn. The prisoner worked with us; I am a labourer, I lost a shovel at the same time; he had pawned it at his lodgings for sixpence. PRISONER's DEFENCE. I was hungry, it was that made me do it. Wycott. He had left all the things together at his lodgings for six-pence. GUILTY . Transported for seven years . Court. How long had he worked for you? - About four days; when he came to us, he said he was a plaisterer's son. Tried by the London Jury before Mr. RECORDER. 360. THOMAS PALMER was indicted for stealing, on the 3d of April , thirty-one pounds weight of lead, value 10 s. the property of Thomas Reynolds , affixed to a building of his against the statute . William Camell caught the prisoner twisting off a lead pipe which was in the kitchen; he had one piece twisted off, which lay by him. GUILTY . Transported for seven years . Tried by the second Middlesex Jury before Mr. RECORDER. 361. ELIZABET SWITHERS, alias CHARLOTTE DAVIS , was indicted for stealing, on the 8th of April , a gold watch, value 20 l. a gold seal, value 20 s. a silk handkerchief, value 4 s. two guineas and a half in money , the property of Thomas Robinson . NOT GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 362. MATTHEW ROSS was indicted, for stealing, on the 28th of March , eight pounds weight of brass, value 2 s. the property of George Walker . GEORGE WALKER sworn. I am a brass-founder , on the 28th of March last, which was on Saturday, about five o'clock in the evening, I lost eight pounds of brass; the prisoner was stopt, and brought back to me almost directly; he was seen to take the brass by James Weston. JAMES WESTON sworn. I am a brass-founder; I work for Mr. Walker; on Saturday about one o'clock, by the information of a boy, I looked under a tub, which we call the casting-tub, there I saw two papers of brass, there was some loose brass besides, I acquainted my master; in the evening, about five o'clock I saw the prisoner come, and take two papers, one he put into one pocket, and the other into the other; the loose brass he put into his breeches pocket, he went through the passage-door into the street, where I stopt him, he did not run; he was a servant to my master at the time, he used to help to cast; I told him my master wanted to speak to him, and he must go back again, he made no resistance, nor said any more; this is old brass bought on purpose for melting. FRANCIS UMPAGE sworn. I am an officer; I took the brass out of the prisoner's coat-pockets, his waistcoat pockets, and breeches pocket. (The property deposed to by Mr. Walker.) PRISONER's DEFENCE. I own I took the property; I never did such a thing before in my life. GUILTY, of stealing to the value of 10 d. Whipped . Tried by the first Middlesex Jury before Mr. ROSE. 363. BENJAMIN STOKES was indicted for stealing, on the 2d of March , ten pounds weight of brass, value 2 s. the property of George Walker . GEORGE WALKER sworn. On the 2d of March, Monday, between seven and eight in the evening, I missed the ten pounds weight of brass; the constable found it upon him; I saw him take the brass out of the casting shop, he took it from a shop up two pair of stairs to the front warehouse; I saw the constable take it from out of his pockets; I never gave him any authority to take it away, nor had he any business with it; he said it was his first offence; the constable had the property. FRANCIS UMPAGE sworn. I took this brass out of the prisoner's coat pockets, waistcoat pockets and breeches pocket in Mr. Walker's front shop. STEPHEN WESTON sworn. I am an apprentice to the prosecutor; I saw the prisoner take the brass out of the casting-shop, and go into the workshop; I saw him wrap it up in a paper, and put it into his pocket. FOR THE PRISONER. FRANCIS UMPAGE sworn. I am the officer that apprehended the prisoner; I have known him this 14 years as a very honest man, and I was really surprised when I was obliged to take him into custody. - MURPHY sworn. I am a housekeeper; I have known the prisoner 14 years; I always believed him to be an honest man. GEORGE WALKER (the Prosecutor.) He worked for my father a long time, and has worked for me since; I never suspected him before; I was really astonished at it. The prisoner called four other witnesses; who had known him many years, and who gave him a very good character. GUILTY, 10 d. Whipped . Tried by the first Middlesex Jury before Mr. ROSE. 364. JOHN KING was indicted, for stealing, on the 8th of March , six pair of iron hinges, value 4 s. the property of Reuben Bridges . REUBEN BRIDGES sworn. I am a carpenter ; I lost a great parcel of hinges out of my buildings in March; I do not know the day of the month; I did not know where they had gone to, nor who had them, 'till there were some more things missing from the plaisterers, and they took the prisoner up, and he owned it. THOMAS MANSFIELD sworn. The prisoner was brought to Litchfield-street office, I do not know how; I went with the prosecutor to St. Giles's to find out the property; I believe some promises were made him; I found the property at St. Giles's, a few doors from the Black Dog, at an old iron shop, at Mrs. Monk's; they were hanging at the door to sell. ELIZABETH MONK sworn. The prisoner, I believe, brought them to our house, I cannot say positively to him, I never saw him before he brought them to sell; I keep a publick-house; the house that has the iron shop belongs to me, the man and his wife are both lately dead, and I put up a bill to let it. CHARLES ELLIOTT sworn. I went with Mansfield, and I found these hinges in Mrs. Monk's shop. Court. There is not sufficient evidence, as the woman will not swear to the person of the prisoner. NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 365. JOHN WILLIAMS was indicted for stealing, on the 1st of February , a silver watch, value 45 s. the property of Thomas Disdale , in his dwelling-house . THOMAS DISDALE sworn. I am a baker ; I live in Charlotte-street; I lost my watch on the 1st of February; the prisoner had been an old servant of mine, and he came the Saturday forenoon, and told me he was out of place; I gave him his dinner; and in the afternoon he said, Master, I should be glad if you would let me stay all night; well, says I, Jack, I don't mind, you may stay all night; on the Sunday morning my watch was hanging up on the mantle-piece in the parlour, nobody was there; on the Monday morning I saw him go into the parlour, I was in the passage, I saw no more of him afterwards; I went into the parlour at different times on the Sunday, I looked for the watch to see what time to draw the pans, and the watch was gone; I saw it there that morning, and brought it down stairs with me; I found the prisoner in the New-Prison in the Borough the week before last; I never found my watch; the person that was bound over to prosecute with me never appeared afterwards. Moses Knight called on his recognizance, and not appearing, his recognizance was ordered to be estreated. Disdale. I charged him with this robbery, I made him no promise, he owned it freely; and that he sold the watch to Moses Knight for 1 l. 10 s. here is his confession in writing; I saw him write it before Justice Staples. PRISONER's DEFENCE. I know nothing of it. Court. How came he to write this? - He wrote it before Justice Staples, when he was examined. Prisoner. I did not write it. Court. Did he say any thing before he went to the Justice's? - No, I asked him nothing. Then all you know is, what he wrote down? - Yes. The paper you have was written before the Justice? - Yes. Court to Mr. Shelton. Has there been any examination before the Justice transmitted? (The Confession handed up to the Court.) Disdale. I saw Justice Staples sign this, and this is the paper I saw the prisoner sign; no promise was made him. (The Confession read.) " John Williams confesses, and says, "about 11 or 12 weeks ago, he took a silver "watch as it was hanging in the parlour "of Thomas Disdale , having only a key "to it, and hanging by a string, which "watch he sold about a fortnight after for "thirty shillings, and two shillings that "was spent. (Signed) " John Williams ." Taken before me this 14th of April, 1789. John Staples . GUILTY, 39 s. Transported for seven years . Tried by the first Middlesex Jury before Mr. RECORDER. 366. JOHN LINDSEY was indicted for stealing, on the 29th of March , a boat called a wherry, value 40 s. the property of John Barber . JOHN BARBER sworn. I am a waterman ; I lost my wherry on the 29th of March, at night, between nine and ten, I left her there on the night before, which was Sunday night, I saw her safe; in the forenoon, on the Monday, I went to look after her, and I was informed she was detained; one of the witnesses, John Ellis , had her in possession. JOHN ELLIS sworn. I am a waterman, on the 29th of March, I was going over the water with a fare, and I saw this man laying under the ship's bows cutting a rope away, in this boat and pulling along-side of him, they shoved away, there was a waterman in the boat with the prisoner; the rope was hanging along-side the cable; I put the man out of my boat into the ship's boat, and pulled after these men, I came along-side of them, and talked ten minutes, the waterman had the sculls; after that this prisoner got up, and took hold of one of the sculls, and pulled away from me; at Ratcliffe-cross they pulled the boat ashore, and they both jumped out and ran away; I ran after the prisoner, and stopt him; I am sure the prisoner was one of the men in the boat. JOHN BRODGDEN sworn. I had the watch on the 29th, and seeing two men run, I ran after them; I heard the cry of stop thief! and immediately pursued them, and caught this man; I did not see him come out of the boat; he was running when I stopt him. PRISONER's DEFENCE. I never was in the boat, nor do not know the owner of the boat. GUILTY . Transported for seven years . Tried by the first Middlesex Jury before Mr. RECORDER. 367. EDWARD CASELTINE was indicted for stealing, on the 21st of April , six bushels of coals, value 5 s. the property of Thomas Lancaster ; and Sarah Michael was indicted for feloniously receiving the same on the said 21st day of April, knowing them to be stolen , against the statute. The indictment opened by Mr. Silvester. THOMAS GODSELL , jun. sworn. My father is a wharfinger at Wapping; on the 21st of this month one of our carts was loaded with coals for Mr. Lancaster; his warehouse was in Lime-street; we loaded the last load about a quarter after six; there were 26 sacks in the waggon; the prisoner Caseltine drove the waggon; they left our wharf at half past six. Mr. Knowlys, prisoner Caseltine's Counsel. Was you present, Sir, or your servants? - I was present. Does your father deal in coals? - Yes. These were your father's? - No, Sir, they were for Mr. Lancaster; they were Mr. Lancaster's property. WILLIAM PARTRIDGE sworn. I keep a chandler's shop in Church-lane, Whitechapel; the prisoner Sarah Michael lives next door to me, and is a greengrocer; on the 21st, about eight o'clock, I saw the prisoner Caseltine take a sack of coals, which was in a waggon standing by Mrs. Michael's window, and shoot them down into her cellar-window; then he shot another down; Mrs. Michael was present out of doors at the time, about three or four yards from the waggon, in the street; I had the curiosity to follow the waggon; he then drove up Whitechapel, and stopped with another man to drink, and then went to Lime-street; I saw a man take the middle part of the sacks, and draw them up to the top; I informed Mr. Lancaster; I am sure as to the prisoners. Mr. Knowlys. It was dark when you saw this? - No, it was not. Not at eight o'clock? - It was not eight o'clock. How came you to say eight o'clock? - It was eight o'clock when it was unloaded at Mr. Lancaster's; it was unloaded, and all by half past eight. Who was with the waggon at that time? - The waggoner himself. Who was with him? - Nobody. Where was you then? - As near as I am to you. What are you? - I deal in coals and wood. So does Mrs. Michael, does not she? - I don't know, she sells greens, I believe, and buys old iron. Don't you know she sells coals? - No, I do not, I am not master of her shop. How long has she been your next door neighbour? - I believe two years. You did not go up to the man, and ask how this happened? - I never spoke to him at all. Was you not upon a regular plan of watching Mrs. Michael? - No. Had you or had you not before this day formed a determination to watch Mrs. Michael? - No, I had not. Mr. Peatt, Prisoner Michael's Counsel. I believe you did not like Mrs. Michael's coming there? - I did not dislike a good neighbour. Had not you a dislike to Mrs. Michael's coming there? - One does not like a person to take the bread out of one's mouth. Court. What became of the sacks they shot the coals out? - They were put into the middle part of the waggon; and when they came to Mr. Lancaster's they drew them quite forward. ANN DEER sworn. I was standing at my brother's door, on the 21st, about half past seven, I saw a waggon of coals, which was drove by the prisoner, stop at Mrs. Michael's door; he asked for a halfpenny-worth of tobacco; I then went into my brother's shop; and when I came out I saw some coals shot out, I don't know how many, and the sacks were put at the top of the waggon. Mr. Knowlys. You board with your brother? - Yes. And are you paid by him? - Yes. Mrs. Michael deals in the same things as your brother? - Yes, I believe. Has he never complained of Mrs. Michael taking the bread out of his mouth? - No, never. Mr. Peatt. What hour was it when you saw this transaction? - About half past seven. JOHN KNOX sworn. I keep a green grocer's shop in Cullum-street, and am constable of Lime-street Ward; I was passing by Mr. Lancaster's door on the 21st, about twenty minutes past eight; I saw a waggon of coals standing at the door, and three men about it; the men seemed much confused, one of them said d - n your eyes, get up and pull down the empty sacks; the prisoner at the bar jumped up, and put them behind the hind wheel of the waggon; Mr. Lancaster came out with a candle and lanthorn, he appeared in confusion, and got on the shafts, and looked for the empty sacks; Lancaster could not find them, then one of the men took a sack of coals, and went up the passage that leads to the warehouse, and made a stumble; he then came back, and took the two empty sacks, and laid at the tail of the cart, and put the one he had shot in the warehouse with them. Mr. Knowlys. Did you inform Mr. Lancaster of this then? - Not that evening. THOMAS LANCASTER sworn. I have a wharf at Wapping; my warehouse is a mile and three quarters from it. Is Church-street in the way for them to have come with the waggon? - No, a quarter of a mile out of the way; the witness Partridge came, and informed me of the transaction; and that if I would look into the waggon I should find the empty sacks; I bid them stop unloading, but they would not; I endeavoured to get up, but could not; I then went to get a light and a chair, and by that time they had laid the sacks even at the tail of the cart; I asked them, what made them come the way they did? and they said the pavement was up in White-lion-street, and therefore they came the other way; I went to see, and found it was no such thing; there were 26 sacks in all: the woman was taken into custody, and she denied having any from this man; and said, she had in her house a bushel, or a bushel and a half. Partridge. Upon the woman saying to the Justice, she had but a bushel, or half a bushel in her house; says he, I am a pretty good judge of a bushel, I will go with you myself; I went with the Justice to this woman's house, and we looked and found the als under the window; the Justice asked her, what she had to say in her behalf? and she said, she was very sure that she had no such quantity of coals in the house, for she was obliged to send for a bushel on Saturday night at Mr. Hands's; then says the Justice, I can judge of a bushel, and I'll go and see myself. Mr. Knowlys. Was what you are talking of taken down in writing? - I believe it was; then I saw the coals measured, first in the cellar, there were about four bushels and a peck, and there was another parcel measured two bushels within about a quarter of a peck, in this hole; afterwards the Justice sent one of the men to fetch two parcels of coal, some out of this cellar, and some out of a room. JOHN RIDLEY sworn. I am the coal-merchant who sold these coals originally; I was at the Justice's when the coals were brought, I believe they are the same; nobody in their senses would attempt to swear they were. The prisoner Caseltine called three witnesses, who gave him a good character. The prisoner Michael called seven witnesses, who all gave her a very good character. EDWARD CASELTINE , GUILTY . Transported for seven years . SARAH MICHAEL , GUILTY . Transported for fourteen years . Tried by the first Middlesex Jury before Mr. Baron HOTHAM . 368. WILLIAM COOK was indicted for stealing, on the 21st of March , a brilliant diamond ring, with a hair device set in gold, value 15 l. the property of Miss Ethelred Tyron . (The Case opened by Mr. Knowlys.) MISS ETHELRED TYRON sworn. In November last I went into Kent, accompanied by Mr. Edghill; I had a brilliant diamond ring with me, there was M. Tyron on the ring; I did not miss the ring 'till after my return; I was one day on my journey, and came back the next day; I did not receive intelligence of it 'till the 1st of March. Mr. Garrow, prisoner's Counsel. Have you any recollection of having the ring after the 1st day on your journey to Kent? - I have not; I was only one day on my journey, and returned the next day. On your getting out of the chaise, you and Captain Edghill walked together? - We got out of the chaise, and walked up the hill, called Madam's-gate Hill. - EDGHILL, Esq. sworn. I will not positively swear to the person who drove us; I went to a Mrs. Steel's, who lets out post-chaises; in order to find out who drove us; I was shewn the prisoner, but I will not swear to the prisoner. Mrs. STEEL sworn. I let out post-chaises; the prisoner at the bar was my servant, at that time; he drove the gentleman and lady on their journey, and returned back again; I know nothing more. I believe he has lived with you 2 or 3 years, what character has he bore? - A very honest man; I always found him so. Captain Edghill . I went to Mrs. Steel, and the prisoner was called up, and he denied having ever seen the ring; afterwards on his examination he said he found it on the hill. CHARLES STUBBS sworn. I am a silversmith, on the 21st of March the prisoner came to my house, and bought a pair of spurs; he told me he had found a ring coming up Madam's-gate Hill; he offered it to me for sale, and I went to Mr. Heather's with it. JOHN BECK HEATHER sworn. The ring was delivered to me by the last witness; he came to ask me, what it was? I am a pawnbroker in Long-acre; Mr. Stubbs told me he had given two guineas for it; I stopped him, and took him into custody; I had never seen him before; I sent for proper officers for that purpose. Miss Tyron. The ring is my property. Court. Gentlemen of the Jury. It is requisite that some proof should be given of the robbery; the lady acknowledges she was walking where the prisoner says he found it. NOT GUILTY . Tried by the second Middlesex Jury before Mr. ROSE. 369. THOMAS STEVENSON and JOHN DUDLEY were indicted for stealing, on the 27th of March , thirteen linen handkerchiefs, value 13 s. the property of John Thwaits , privately in his shop . JOHN THWAITS sworn. I keep a shop in Holborn ; I was at home when this happened, it was about five o'clock in the evening, of the 27th of March, the prisoners came into my shop; I was about eight yards distance from them; I did not observe them at first; a young man desired me to keep a strict eye on the prisoners; he said, he suspected they would hand something off; the tallest of them was buying of a pocket handkerchief, the other stood by; I took no notice of them 'till they went out; I ran after them, and desired one of my young men to follow me; and about thirty or forty yards off I took Stevenson, the other got off, but he was taken in a few minutes afterwards; I found thirteen pocket handkerchiefs concealed under Stevenson's great-coat; I am sure they are mine; he went down on his knees, and cried, and begged to be set at liberty; the prisoner Dudley I understood had bought a handkerchief; I did not see either of the prisoners take any thing; one William Brown saw him taken. Court. Is he here? - No. How came you not to bring the witness? - I could not spare him. How came you to indict them capitally? Did they come in together? - I am not certain. Mr. Peatt, prisoner Stevenson's Counsel. You say you was apprised that they were suspicious people? - Yes, I was. Mr. Garrow, prisoner Dudley's Counsel. Nothing was found on Dudley, but a handkerchief he had bought? - No. Court. I shall not put Dudley on his defence. The prisoner called four witnesses, who gave him him a good character. Transported for seven years . JOHN DUDLEY , NOT GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 370. GEORGE KING was indicted for stealing, on the 27th of March , a silver tankard, value 6 l. 6 s. the property of Timothy Martin . The prosecutor not appearing, his recognizance was ordered to be estreated; and the prisoner was ACQUITTED . Tried by the first Middlesex Jury before Mr. Baron HOTHAM . 371. THOMAS HETSELL , and BENJAMIN RUTLAND were indicted for stealing, on the 25th of March , four live pigs, value 6 l. the property of Joseph Cooper . The prisoner's counsel objected to the statement in the indictment, being called pigs, each of them being of the weight of sixteen or seventeen stone; and on asking the witnesses, who were hog butchers, separately, they replied that they never knew or heard of their being called pigs, after they exceeded the weight of six or seven stone. NOT GUILTY . Tried by the first Middlesex Jury before Mr. ROSE. 372. ANN THOMAS was indicted for stealing, on the 23d of March , a pair of gloves, value 6 d. a watch-chain, value 6 d. a handkerchief, value 6 d. a coloured apron, value 1 s. a pair of shoes, value 2 s. two shawls, value 2 s. and several other things, the property of Ann Williams . ANN WILLIAMS sworn. The prisoner lived as servant with me three weeks, I took her in as a charitable act, she said she had just come to town, and had neither money nor friends; my man met her going to an office, he brought her to my house, he was a countryman of her's; I told her I did not like to take strangers in; she said she was willing to do any thing; I told her if she behaved well I would clothe her, as fast as it was coming to her; on the 23d of March Mr. Baker informed me she had left a bundle, and was going away; I went to Mr. Baker's, and I examined the bundle, and found the things were mine; Mr. Baker is a neighbour of mine; here are some things I took out of her pocket, a pair of gloves, a watch-chain, some money, a handkerchief, a coloured apron; this check apron was too short, I had more joined to it; her care a pair of shoes, these shawls I know by the colour being discharged by lemon. JOHN BAKER sworn. The prisoner came to my house in the morning about seven o'clock, I live in Vine-street, it was on the 23d of March, she desired I would let her leave that bundle there, as she was coming away from her place; I told her she might; I went and told my wife that I did not think that the thing belonged to her, I told my wife to inform Mrs. Williams, and she did, and she came in and said the things were her's, and the prisoner was taken into custody. PRISONER's DEFENCE. Mr. Baker's servant came to our house on Sunday night, he staid there all night, and I let him out the next morning, and he gave me the bundle to take; I said I would not leave my place; he said if I did not bring it out, he would knock my bloody eye out, and I took it and left it at Mr. Baker's. GUILTY . To be transported for seven years . Tried by the first Middlesex Jury before Mr. RECORDER. 373. JOHN FREASURE was indicted for stealing, on the 12th of March , an iron spade with a wooden handle, value 2 s. the property of James Ellis , and another iron spade with a wooden handle, value 2 s. the property of Edward Sawyer . JAMES ELLIS sworn. I am a gardener ; on the 12th of March I went to dinner, I left my spade at Mr. Birch's nursery at Fulham , I left it in the ground at one o'clock; I came back about a quarter after two, when I came back it was gone; I suspected the prisoner by his coming into the grounds about once or twice, three or four days before, he used to come to speak to one Edward Sawyer who worked in the ground; I afterwards found my spade at the George on Waltham Green, the same evening; the prisoner was there, the spade had been given in custody of the landlord; I questioned the prisoner about it, and he denied it; I am sure the prisoner is the man. WILLIAM LAYTHORN sworn. I keep the George at Waltham-green, I have seen the prisoner about once at my house; there was a spade brought to my house, I believe it was the prisoner that brought it, I had never seen him but once before; I can't be sure it was him, he never was out of my house; the man that Ellis took up is the person that brought the spade, but I cannot swear to the prisoner now. Ellis. The prisoner is the man I took up at the George; I believe it to be my spade, I believe I had worked with it for about three months; I bought it of one Polkstone at Fulham; there is writing on it, but I don't know what it was; I cut some nicks in it at the Justice's. NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 374. JOSEPH ATKINS was indicted for stealing on the 6th of January , twenty pounds weight of leaden pipe, value 3 s. the property of John Lisle , affixed to his dwelling-house , against the statue. JOHN LISLE sworn. I am a house-keeper , the lead was stole from the house in which I live, I lost it on the 6th of January, I don't recollect the day of the week, it was about eight o'clock in the morning; I saw it on the day before when the water came in, I knew it to be my property; one of the tenants gave me information of it's being stolen. - WRIGHT sworn. I am a watchman, I took the prisoner, he had a sack on his back; I took him with the property; I knew him before. GUILTY . Transported for seven years . Tried by the first Middlesex Jury before Mr. ROSE. 375. GEORGE BODMAN and JOHN THOMPSON were indicted for stealing, on the 18th of March , ten pounds weight of brass, value 10 s. the property of Edward Buttwell . BOTH NOT GUILTY : Tried by the first Middlesex Jury before Mr. ROSE. 376. GEORGE MASON and WILLIAM PITT were indicted for stealing, on the 26th of January , a steel watch chain, value 5 s. the property of William Hodges . WILLIAM HODGES sworn. I make watch-chains, and other steel articles ; I live near Sadler's Wells ; my shop adjoins to my house opposite Lane's Gardens; on Monday morning, the 26th of January, a little past eight, I found the chain at a Mr. Datton's, who keeps a publick-house, in King-street, Drury-lane; I knew it to be mine by the workmanship, part of which was my own; I could have swore to it any where; it had been missing near two months before I had information; Mr. Datton gave it to Atkins the constable; I saw him give it to him. JOHN DATTON sworn. I am a publican and cooper; some time in the latter end of January, the prisoner Pitt came to me, and had a quartern of gin; he put a watch chain down on the table, and he asked me to buy it; after that, he said he was going to take it to his master, Mr. Green in Drury-lane, to see if he would buy it; if not, he should pawn it; I asked him, if it was his property; he said, it did not belong to him, he had it from a young man to sell; I told him then, to go and fetch the young man; he went and brought Mason; I asked Mason about it; and he said it was his property, it belonged to him; I asked him, what I should give him for it? he said 7 s. I said it was not worth above 4 s. he went into the back room, and laid down the chain before some men; he said, it was his property, and he owned it as such; I gave him 5 s. for it; I had the chain in my possession two months, 'till Mr. Hodges applied to me; when they came to me I produced it to him and Atkins, and he said it was his property, and I gave it to Atkins; when Mason came to me he was very decently dressed, but Pitt was not; I never saw either of the prisoners before or since; they are the men. JOHN ATKINS sworn. I am the constable; I produce this chain; I received it the 5th of April last from Mr. Datton. (The chain deposed to by the prosecutor. Mr. Hodges. Mason worked journey-work for me. Did Pitt work for you? - No. PRISONER PITT's DEFENCE. The prisoner Mason brought me a chain, to sell it or pawn it; I said I would shew it to my master; I stopped at Mr. Datton's, I and another had a quartern of gin at the bar; I told Mr. Datton I had it to sell; and he asked me, whose property it was? I told him it was a young fellow's that I knew that wanted to sell it. The prisoner Mason called one witness to his character. GEORGE MASON , GUILTY . Privately whipt , and imprisoned six months . WILLIAM PITT , NOT GUILTY . Tried by the first Middlesex Jury before Mr. ROSE. 377. PETER MILLER (a boy aged nine) was indicted for feloniously stealing, on the 18th of April , 10 s. in monies numbered, the property of Thomas May , privately from his person . THOMAS MAY sworn. I am a poor man in the workhouse ; I did not see or know the prisoner robbed me. JOHN SMITH sworn. I am a poor man in the workhouse; I was at work with the prisoner and Mr. May one day, and I saw him help Mr. May with his coat on, but I did not see him take any thing. May. I had 10 s. in my pocket when he helped me on with my coat; I felt his hand in my pocket; I had two half crowns, and 5 s. in my pocket; I had seen it about half an hour before that; about four o'clock in the afternoon my coat was on the ground on the common before he helped me on with it; I did not see any body on the common but me, and the prisoner, and this man; I was digging gravel; I had the silver in my coat-pocket; I had no suspicion of him before the Sunday morning; it was on Saturday night he took it; I did not take any notice of it at that time. Court. How came you to say at first you did not know of his robbing you? - I did not know he had: I asked him on the Sunday morning, whether he had seen any money of mine? and he said no: I asked him again, and then he said he had got two half crowns and 4 s. of mine, and he brought it down to me; then I said I wanted a shilling, and he said he spent it; I threatened to send him to gaol, before he brought it down, if he did not give it to me; he then brought me down 9 s. and said he had spent 1 s. I got all but 1 s. back again. How came you to indict him capitally? Do you know that he is tried for his life? - I do not know. Do you know that the charge you have made against this boy is a capital charge? - No, I do not think it is. Have you never been told that? - No, I never was. Did not the officer who drew the indictment tell you he had made a capital charge of it? - No. Prisoner. How many shillings did I give at one time. Mr. Garrow, Prisoner's Counsel. You have told the Judge, that to your knowledge they did not tell you it was a capital charge: Do you mean to swear that they did not tell you so? - No, Sir, not to my knowledge. Will you swear positively they did not? - I have been lame these three years. Do you mean to swear that nobody has told you, that if this boy was convicted he would lose his life? - Not to my knowledge; he has been in custody a week. Do you mean to swear, that since Monday last nobody has told you, that if this boy was convicted he would be hanged? - No. Do not you know you would have a reward? - I know there is some reward. Have not you heard there is a reward of 40 l. - No, I heard it was some reward; I do not know who told me so; I have heard so from people. Who told you so? - I cannot tell now. Do not you know he was committed by the magistrate for a capital offence? - No. Did not you ask the magistrate who was to pay your expences? - No. Did not the magistrate tell you that the Could would order you your expences, or that you would have a reward? - I am a poor man belonging to the workhouse; I work under the overseer, and I received this by my labour. Is your memory affected by your poverty? - No. Is your head affected? - It is a good deal. You'll be mistaken this time as to the reward. GUILTY, 10 d. Whipped . Tried by the first Middlesex Jury before Mr. ROSE. 378. THOMAS RILEY was indicted for stealing, on the 13th of March , fifteen pounds weight of Indigo, value 4 l. and three hempen bags, value 3 s. the property of Edward Sewer . EDWARD SEWER , the Elder , sworn. I am a dyer , the prisoner has worked for me a great many years; the prisoner was set to clean a warehouse where this indigo was on the 13th of March, about five o'clock I sent my son to go and see how things were in the dye-house; he went out, and in a very short space of time he sent somebody to call me; I went, and he had got Riley by the collar; he said, he had got some indigo in his apron; I looked, and he had this bag in his apron unsewed, it was huddled up in a wrap to keep it close together; he began to beg for mercy of me; I said, he had very little mercy on me to take my goods; I believe there are seventeen pounds, it cost me 6 s. a pound; there is nothing in it that I should know it if I had found it out of my shop, but it is of the quality I had open. Mr. Garrow, Prisoner's Counsel. I believe your son is your partner? - No, Sir, I have no partners but such as the prisoner. EDWARD SEWER , the Younger, sworn. On the 13th of March, about five o'clock, I was going into the dye-house; I saw the prisoner, who had something in his apron; I asked him, what it was? he said, a job; and he said, if I would forgive him he would never take another; I insisted on looking in his apron, and there I found the indigo. Mr. Sewell, the Elder. My Lord, the prisoner has worked for me a number of years; I have trusted him with every thing in my house before, and never missed any thing; I never had any suspicion of him. GUILTY , Transported for seven years . Tried by the second Middlesex Jury before Mr. RECORDER. 379. JOSEPH WRIGHT was indicted for feloniously making an assault on Mary, the wife of James Porter , in the dwelling-house of the said James Porter, and then and there, by threats and other menaces, demanding the money of the said Mary Porter , against the statute . NOT GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 380. JOHN EADES was indicted for stealing, on the 10th of March , a quart pewter pot, value 1 s. 6 d. the property of John Buchanan . John Buchanan called on his recognizance and did not appear. THOMAS DALTON sworn. I am an officer of Litchfield-street office, and a constable of the night; I desired the prosecutor to attend; I produce a quart pewter pot which I found secreted in Eades's apartment under the bed; the prosecutor sent word that it was a busy day and he could not attend; this pot has the prosecutor's name on it. Court. There must be proof of the property being the prosecutor's; there is no such proof. NOT GUILTY . Tried by the first Middlesex Jury before Mr. ROSE. 381. JAMES HENLEY was indicted for stealing, on the 3d of April , eleven pounds weight of copper nails, value 10 s. the property of Mary, now the wife of Robert Sherson , (late Mary Thoytes , widow) Richard Burfoot , Richard Rooke , and Peter Robinson , the executrix and executors of John Thoytes , deceased. EDWARD SMITH sworn. I am clerk to the house of Thoytes and company; the late widow Thoytes, now Mrs. Sherson, belongs to the company, and Richard Burfoot , Richard Rooke , and Peter Robinson are joint executors; I have the probate of the will, they are copper-smiths ; on the 3d of April, between the hours of twelve and one in the day, I saw the nails taken out of of the prisoner's coat pockets; there were about eleven pounds. JOSEPH SWAIN sworn. I am an apprentice to Mr. Robinson; on Friday the 3d of April, I met the prisoner coming out of Mess. Thoytes's shop, he is their journeyman; I saw Mr. Smith take the nails out of the prisoner's pocket, I helped to take them out; I have had them ever since. Mr. Garrow, Prisoner's Counsel. How long has the prisoner worked for Messrs. Thoytes? - About two years and a quarter. Had not he bore a good character? - Yes he had. Did you observe whether he was quite sober that day? - As far as I know; I cannot positively say. DAVID SWAIN sworn. I am an apprentice, I had some suspicion of the prisoner; on the 3d of April I saw the prisoner take some copper nails, and put them into his pocket, and go out of doors with them, and I gave information to my brother, the last witness; he stopt five minutes before he went out; those nails were Messrs. Thoytes's. Mr. Garrow. Nobody saw the prisoner take the nails but you? - No. How came you to let him go a quarter of a mile before they went after him? - I don't know. He bore a very good character in the shop? - Yes. The prisoner called four witnesses who gave him a very good character. GUILTY . Publicly whipt , and imprisoned six months . Tried by the first Middlesex Jury before Mr. ROSE. 382. JOHN CLARK was indicted for stealing, on the 22d of March , nine men's hats, value 3 l. the property of Philip Cox , Esq . and Henry North . HENRY NORTH sworn. I am a hat manufacturer , my partner's name is Philip Cox ; we lost nine men's hats, they were taken on the prisoner; I only prove the property. JOHN ELLIS sworn. I am one of the city patrol, I was on duty on the 22d of March, I staid till nine in the evening, in Thames-street, the prisoner came past me, with this bundle in his hand; I asked him what he had there; he said some hats, he was going to Mile-end with them; I rather let him go on, and I found he mended his pace; I went after him directly, and I stopped him, and took the hats from him; I took him into Dark-house-lane, and he told me he had bought them of a hatter in Tooley-street; I told him I should go over the water and enquire of that hatter about it; then he said he did not live there, he was broke, but he had lived there; then he directed me to one William Evans , a public-house in Tooley-street; I left him with two men I had with me, and went over the water to this house; when I came there, there was no such person lived there, then he was committed the next morning; I was informed they belonged to Mr. Cox, I carried them to him, the clerk claimed them; I have kept them ever since. (The hats deposed to by Mr. North.) Mr. North. I can say with certainty that these hats had never been sold out of our warehouse to any hatter; some of them no hatter would buy, I saw them a few days before, we have sold none since I saw them; the prisoner was my servant; this is a letter I received from him, I believe this to be his hand-writing, I have seen him write a great many times. (Read) Signed " John Clark ," addressed to "Mr. Henry North , Tooley-street, "March 13, 1789." "Sir, I should be very much obliged "to you, if you would give yourself the "trouble to read this; I am sorry for my "bad misconduct, and I hope you will forgive "me for wronging you of your hats, "and I am now in the Compter in the "Poultry, and I beg for mercy at your "own hands; and I beg you will come to "me and own the hats, if you please, "and tell the people that you let me have "them yourself, or else I am done for; but "I beg for mercy at your hands, and you "may have me if you will, but take it into "consideration to pardon me this time; "I never wronged no man of a shilling in "my life before; but I beg for mercy that "you will pardon me this once; you never "shall hear the like any more; I will "go down on my bare knees to you, and "ask your pardon; and I beg you will not "mention it to Mr. Cox, nor even to my "wife's friends; for if you do, I am "ruined: I hope you will pardon me this "time, I beg for mercy. " JOHN CLARK ." "P. S. I never will come into your "house no more, so long as I live, if you "will pardon me this time." PRISONER's DEFENCE. I am charged with a wrong indictment; I am charged with taking these hats when I was in the Poultry Compter; I was in the Poultry Compter at the time. Court to Prisoner. You mistake the law; if the indictment charges them any day before the Grand Jury found the bill, the day is immaterial, but it may be material as a fact. To Ellis. Was the prisoner ever out of custody from the time you took him? - No. GUILTY . Publicly whipped , and imprisoned six months . Tried by the London Jury before Mr. RECORDER. 383. JOHN HOPKINS was indicted for stealing, on the 7th of April , ten quartern leaves of wheaten bread, value 4 s. the property of Spencer White . SPENCER WHITE sworn. The prisoner lived with me eight or nine months, I am a baker ; on the 4th of April he stole out of my bake-house one quartern loaf, and on the 6th he stole seven, and on the 7th he stole two; I saw him take them each day, I cannot tell what he did with them, he had concealed them over the oven; there is a small hole over the oven, this he made bigger, and in the course of the day he was taking two out; I caught him in the fact; I marked two of them before he took them out. (Two loaves produced and deposed to.) Mr. Knowlys, Prisoner's Counsel. It is not at all extraordinary for your man to take the loaves from the bake-house, and carry them into the compting-house? - Yes, quite so; there is a thoroughfare at the back part of the bake-house, which goes into the cow-yard; I have one customer there, he may go to the customers that way. Whether he was carrying them to the customers or not, you cannot say? - He had no business with that bread. This young man is of good family and connections? - I have heard of his friends within a day or two, but I know nothing of them. - MUMFORD sworn. I apprehended the prisoner. The prisoner called nine witnesses who all gave him a very good character. GUILTY . Transported for seven years . Tried by the first Middlesex Jury before Mr. Justice HEATH. 384. WILLIAM GOWER was indicted for stealing, on the 18th of March , one snatch-block, made of iron and wood , the property of Almond Hill and Robert Mellish . NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 385. THOMAS GOUGE was indicted for stealing, on the 31st of March , twenty-four pounds weight of pork, value 8 s. the property of Thomas Hawkes . NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 386. MARY the wife of SAMUEL WILTON was indicted for stealing, on the 29th of March , one linen sheet, value 3 s. six yards of linen cloth, value 3 s. two tea-spoons, value 2 s. the property of William King . ELIZABETH KING sworn. I am wife of William King , I live in Harrow-road , I lost the things in the indictment; the prisoner and her husband lived with me almost three quarters of a year; she did not leave the house till she was taken up; we got a search warrant, and found the things. Mr. Knapp, Prisoner's Counsel. What was she to pay for her lodging a year? - Five pounds ten shillings. Has there been any dispute between you and the prisoner? - There was, she had told her husband it was three pounds ten shillings. Has not your husband sued out a writ in the Marshalsea-court? - Yes. Did you ever lend any spoons to this woman? - Yes, I lent her mother some twice, and I have lent her some. At this time had you lent them? - I lent them, and she came and told me she had brought them me down, and I never saw the spoons. At the time these spoons were found, was there not some money found? - One shilling; the sheet never was lent, nor the cloth, nor never was up in her room before; I had kept the sheet in my own apartment, and saw it there last. GEORGE ZEAL sworn. I belong to the public office; I went with Justice Blackborow to the prisoner's lodgings, and on searching the bed, I saw her hide the sheet under the child; I made her take up the child, and there was the sheet. WILLIAM BLACKETER sworn. I attended with the last witness, and on searching I found two spoons broke in her box. GUILTY . To be imprisoned for six months . Tried by the first Middlesex Jury before Mr. RECORDER. 387. ELIZABETH BATTIER was indicted for stealing, on the 27th of February , eighteen guineas, one half guinea, and one Mocoa stone stud, set in silver, value 1 s. the property of Richard Hewitt . RICHARD HEWITT sworn. I am a widower , I live in Warwickshire; I charge the prisoner with taking eighteen guineas and a half from me; I met her in Fleet-street, she asked me to go with her, I said I did not mind; she took me to a private lodging, we drank a bottle of wine; then she asked for another; I was very sleepy; she asked me to go to bed; I did, I undressed and put my breeches under the pillow; the money was there, I had it when I was in the room with this girl; I had nineteen guineas in a purse, I took it out in her presence. How came you to take out the purse in her presence? - I do not know, because I was foolish; she charged me five shillings for the bed; I took half a guinea and paid five shillings for the bed, and the other five shillings and six-pence was spent in wine. You was not very sober I suppose? - I was not drunk, Sir; I lost a studd out of my wrist, it was a Mocoa stone set in silver; in the morning I awaked, and found my breeches, instead of under the pillow, upon the pillow, and my purse and money was gone; I found the purse on the table cut in three or four places, I cannot tell what time it was when I awaked, it was not light, it might be four or five; the window was open, and the curtains drawn; I called to the person of the house, and the maid answered that the door was done; the woman's name is Lumley, I heard of the prisoner at No. 3, Goldsmith-street, at one Eaton's, on Sunday afternoon; I went to her, she was alone at her lodging, I suppose Mr. Eaton came up; I asked for her. How did you get her name? - I had her name. How did you get it? - I had it. You must give me an answer? - I have given you an answer; Mrs. Lumley gave me her name, and even her maid was the person that gave intelligence where she was. Are you sure the woman you saw at Eaton's, was the same woman you had been in company with before? - Yes, that is the same person, I have looked at her, I asked her whether she could give me any of the money again; she said she had it not in her possession; she said she knew nothing at all of it, she gave me the studd before the constable, it was my studd; my money was not marked. Mr. Knowlys, Prisoner's Counsel. This is a very pretty, a very entertaining, a very becoming sort of a story; because I observed, when you first came up to that box, you came smiling and laughing? - No, I did not, I do not know that I did, I am sure. Do not you recollect that you was laughing? - Somebody gave me a push on the back, as I suppose, as I was coming up, I did not smile at the Court. Do you mean to say that you did not smile and laugh when you came up there? - I do not know, I might smile. Who are you? - I am a dealer in cattle, when I am out of London. Then you came to London about your cattle? - Not on purpose. That makes me suspect that here is rather an over-charge as to the money? - Not purposely, I did not come. You was at the Swan with Two Necks in Lad-lane? - That day I dined at one, at the Swan with Two Necks. How much money might you spend in liquor, before you saw this young woman? - I spent none, for I paid nothing there, I spent it between Lad-lane and this place. You drank, I suppose, pretty well at your dinner? - Yes, I suppose I drank some liquor at my dinner. Do you only suppose that? - Yes, I know I did. You had drank pretty plentifully at your dinner I take it? - Yes, I drank some liquor. What liquor? - I drank porter, and I drank punch. What might your reckoning come to? - That I cannot tell. What time did you leave the Swan with Two Necks? - At Five o'clock. Then you was enjoying yourself from one to five? - Yes. Then from five to half past six, it was that you was getting this four or five miles to Temple-bar? - I suppose I was; I know I was an hour and half getting to Templebar. You did not walk very strait? - Yes, I did; I do not eat a deal, but I drink a good deal. Do you know what women you met in the way? - No, I cannot tell their names. Amorously inclined, I suppose at this time? - I suppose I was at that time, I do not know, I accusted one, I cannot rightly say what part of Fleet-street I met her in. How many places did you stop at in going? - I cannot tell. Will you venture to say that you knew every thing you did with your purse, and every part of the money you laid out during that hour and half? - Yes, I will say that I know what money I had in my pocket. Which way did you get into Cheapside? - I do not know that. SAMUEL SINGLETON sworn. I am a hatter, I am a constable; I was sent for on the 8th of February, about nine in the evening, by this prosecutor, and the person that keeps the house; he gave me no other account than that he was robbed of eighteen guineas and a half, and eighteen pence; I think it was at Mrs. Lumley's. You are sure he said eighteen pence? - Eighteen guineas and a half, and eighteen pence, and a studd; the prisoner delivered the studd in my presence. (The studd produced and deposed to by the prosecutor.) Prosecutor. I do not know whether it might drop out or whether it might not; this is my studd. JOHN PARKER sworn. On the Sunday morning that Mr. Hewitt came to buy a suit of clothes, I saw him change a bill, he had cash in his pocket when I came in the evening, he was out that morning, he had plenty of gold in his purse; on Saturday night he came and told me the business, I had made the clothes and taken them home according to order; he paid me for the clothes afterwards, and told me what he had been robbed of; he said he had been robbed of eighteen guineas and a half; at the time I saw him in the morning, I cannot say he was sober, he had come above an hundred miles an outside passenger; a gentleman who was in Court, in the presence of the prisoner, offered to give a note at six weeks, his name is Levy, and Mr. Eaton offered to pay part of the property; I advised Mr. Hewitt to take what he could get. Prisoner. I leave it to my Counsel. ABRAHAM LEVY sworn. I am a turn-key of Wood-street Compter; I was present, on the 7th of March, when the prosecutor applied to Sir Watkin Lewis who committed her, to get the commitment discharged after the prisoner was committed; the prisoner was committed on Tuesday, and he applied the Saturday following; I can prove what passed with respect to Mr. Hewitt's prosecution. Did he say why? - The reasons he assigned for it was (which he said in the Compter) that he meant to take the prisoner down into the country along with him. You heard him say that? - Yes I did. Mr. Knowlys. I will not call any witnesses. NOT GUILTY . Tried by the London Jury before Mr. ROSE. 388. WILLIAM MITCHELL was indicted for receiving, on the 12th of October last, twenty-seven silver plates, value 130 l. the property of His Grace the Archbishop of Canterbury ; he, the said William Mitchell , knowing the same to have been stolen , against the statute, &c. NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 389. LEWIS SEAGLER was indicted for stealing, on the 1st of April , a metal watch, value 40 s. and several other things, the property of John Marlow , in the dwelling-house of John Sharp . NOT GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 390. JOHN WILKINS was indicted for stealing, on the 9th of February , 36 pair of silk stockings, value 20 l. and twelve pair of thread stockings, value 3 l. the property of William Wayte . WILLIAM WAYTE sworn. I am a hosier and hatter ; I live in Panton-street, Clare-market; on the 9th of February I lost the things in the indictment, it was between one and two on Monday when I delivered the goods in the indictment to my apprentice to carry to a Mr. Heath; there were three dozen of silk stockings, and one dozen of thread stockings. RICHARD M'MICHAEL sworn. I am an apprentice to Mr. Wilkins, on the 9th of February I had two parcels from my master to carry to a Mr. Heath; I was going up Ludgate-hill, and I was met by the prisoner at the bar; he asked me, where I was going? I said to Mr. Heath's, a hosier; the prisoner at the bar said, he was going to my master for those things from Mr. Heath; I had the parcels under my arm, I did not see them packed up, my master gave me the parcels to carry; he gave me another small parcel, and said, I must give it to my master; he said, there was a letter in the inside, he desired I would take it to my master, and it was to be forwarded to Mrs. Brown immediately, he took the other two parcels from me, he walked on slowly, and went towards the Old Bailey; afterwards I had rather a suspicion of him, I ran after him as far as the Old Bailey; I asked him, if his name was Mr. Heath? he said, yes, it was, and I left him then; I did not get the parcels back; I can swear positively to the prisoner. Prisoner's Counsel. You had never seen the prisoner before in your life? - No. You was met by a person, you say, who took your parcels, and gave you another? - Yes. You had no suspicion? - Not at the time. How long was it before you saw the prisoner again? - About two months or six weeks. Where did you see him? - At the Compter. Who shewed you the man? Did Newman? - Yes, he said he had taken the man. Did he shew the man to you? - No, I saw him, and said that is the gentleman. Court. Were there a great many in the Compter at the time? - Yes. Was he pointed out to you, or did you point him out? - I pointed him out. JOHN NEWMAN sworn. I am a fishmonger; on the 9th of February, I was going with some fish to Mr. Shaw's of Bridge-street, Black-friars, it was between one and two o'clock, going down Ludgate-hill, I saw the prisoner standing at a pawnbroker's near to the Bell Savage; I saw the boy coming with two parcels under his arm; the prisoner John Wilkins came from the pawnbroker's to the boy with a parcel in his hand; he stopt the boy, and they were in discourse together for about two minutes, then the boy delivered the parcels into the prisoner's hands, and the prisoner gave the boy his parcel; the prisoner then walked towards St. Paul's, the boy then ran after him, and said something else to him; then the boy came back, and I told him he was cheated out of his parcels; says I open the parcel, and you will find it so; he says it is nothing to me; it is Mr. Heath, I know Mr. Heath; when he came into Bridge-street, he opened the parcel, and in it there were two dishclouts; he took them out of the parcel, and fell a crying; he told me he had stockings in his parcels to the amount of 5 l. I knew the person of the prisoner before; I took the prisoner about a month afterwards; the alderman told me to take care of the parcel, with the dish-clouts. What relation are you to Newman the constable? - I am his brother. You was going to Mr. Shaw's with some fish? - Yes. How long have you left Mr. Banks? - About three years. What made you leave him, was it not about some boots? - No. Will you swear that? - Yes, Sir, I will. This man you suspected immediately? - Yes, Sir. Why did not you stop him? - The boy would not open his parcel. You did not see him afterwards for six weeks? - Yes, Sir, I did, I saw him about a fortnight afterwards at about nine in the evening, but I was by myself, and I did not like to stop him. Mr. Wayte. The boy came back about two hours after I had sent him out; he had been before to Mr. Heath's; I do not know whether he knew Mr. Heath personally. The prisoner's Counsel objected, that it was not a felony, but obtaining goods by false pretences, and the case was reserved, and sentence respited, for the opinion of the Judges. GUILTY . Jury. My Lord, we mean we are perfectly satisfied, that he was the man; and we believe what the witnesses have sworn. Tried by the London Jury before Mr. ROSE. 391. JOHN THOMAS was indicted for stealing, on the 9th of March , fifty-seven pounds weight of bell-metal, value 30 s. the property of the Governor and Company of the Copper Miners of England . The case opened by Mr. Blofeld. A WITNESS sworn. The Company are incorporated by the name of "The Governor and Company of the Copper Miners of England;" we are a trading Company. THOMAS COLLINS sworn. I am a constable, on the 9th of March last, a little after six in the morning, I observed a man loitering about Cow-cross, I watched him, and I observed him go into an old iron shop, with this piece of bell metal; I see him lay it down at the door, and he went to walk away, I laid hold of him, and asked him, what he had got there? it was wrapped up in a cloth; I thought it had been a piece of cast-iron; I asked him, where he got it? and he said a man gave it him to sell; I told him I should keep him in custody 'till I found out who it belonged to; he then begged I would let him go, and keep it myself; I refused, and he snatched a stick from me I had in my hand, and he struck me with it several times, and endeavoured to run away; I followed him, and took him, he was committed, I marked the metal; when he was before the magistrate, he said he found it. JOHN GUNSTAN sworn. I am warehouseman to the Governor and Company of Copper Mines; I believe this bell-metal to be their property, by the mark that is on it, which is "41 Slab;" we lost a slab of this size, and I believe it to be theirs; it was lost from the warehouse in Bush-lane, which is about a mile from Cow-cross, it was not missed 'till the constable came, and gave information that he had found a slab; I then examined, and found that we had missed it; there are other Companies who make the same kind of metal; but I don't know how they mark it; I never saw the prisoner on the premises. PRISONER's DEFENCE. I pickt it up in the street, I never offered to sell it; I meant to leave it there 'till I came back, and then to carry it home, and have it advertised. The prisoner called two witnesses to his character. NOT GUILTY . Tried by the London Jury before Mr. ROSE. 392. JAMES WEBB was indicted, for feloniously assaulting George King , on the King's highway, on the 20th day of February last, and putting him in fear, and feloniously taking from his person and against his will, a silver watch, value 4 l. a silk watch-string, value 1 s. a seal, value 1 s. a key, value 1 d. three guineas, two shillings, and three halfpence, and a stone shirt-pin, value 2 s. his property. (The case opened by Mr. Schoen.) GEORGE KING sworn. I live along with Mr. James Esdale , in Duke-street, Westminster, No. 20; I had been to see my brother, who is a coachman, in Swallow-street; his coach was at the top of the Hay-market, in Piccadilly, it was the 20th of February, I was coming down St. James's Park, about the middle part of the Park, from St. James's, what is generally called the Canal-walk; it was about half past seven as nigh as I can recollect; the prisoner met me, he put his hand on my shoulder, he was not on duty at that time, he asked me for something to drink; I told him I had nothing to give him; I did not know what he meant; he followed me down the Park, said, he had been on board a ship eating of salt meat, and he had really got no money; I thought a pot of porter was a small object, and I treated him with a pot of porter, at the sign of the Rose and Crown, in Crown-street, Westminster. Court. Had he his regimentals on? - Yes, he had, we drank the pot of porter in the publick tap-room, I paid for it; he asked me, which way I was going; I said, I was going to the stables; I was going to meet the coachman in order to fetch the family home; not finding the coachman at the stables, I returned home to my master's, the prisoner followed me at a distance to the stables and house; he was not with me; I went into my master's house, and he went his way; I staid at the Rose and Crown, as near as I can guess, about five minutes. Had you any conversation with him as he was following you to the stables, and to the house? - No, none at all; in about half an hour I went out again to the stables, in order to fetch my master and mistress home; the stables are the top of Delahay-street, the bottom of Duke-street, this man following me, I thought he had no good design; I went up the Park straight, I met him in the Park about three or four poles from the Park-gate, where I went to shun him, for I thought by his following me he had no good design; he met me, and said, young man, let me feel your bubbies, with that he put his hand to my bosom, and took out my shirt-pin, and my handkerchief from my neck, then he ran off; I had hold of him by the hand, but he was too powerful for me, and he ran off; I made no alarm, but went away; next night about half past 11 I was going down Duke-street on a message for my master, the prisoner met me in an undress, in a regimental jacket, with a flapt hat and his hair about his shoulders; he said he was taken up on my account, and he immediately rushed upon me, and took my watch, three guineas, two shillings, and some halfpence. Court. When he rushed upon you, you do not mean violently by force. - Yes, violently; d - n your eyes, says he, if you offer to resist, or call out for assistance, I will kill you; he held his left hand up against me, at the same time he made use of those words, I did not call out for assistance; I was frightened in the hurry of his threatening my life, I was rather confused, and did not, and he ran off immediately, I did not see any thing in his hand. At the time he took your watch and money, did you make any resistance at all though you did not call out? - No, I did not make any resistance, he was too powerful for me; I had no strength against him. Did you struggle at all for your watch? - I did, I went the next morning upon the Parade, but I was not positive that I could swear to the man, because he came in different dresses to me. Prisoner. Did you see me on the Parade? - Not to be positive, I did not. Did you mention this to any body this night? - Not that night. Did you mention the loss of your shirt-pin and handkerchief to any body before? - Yes, I did, to my own brother, to nobody else. When did you tell him? - The next day when I saw him. How long was it after this robbery? - I cannot justly say, as nigh as I can guess about two days. When did you first mention this robbery of this watch? - I mentioned it on the 10th of March when he was taken; this was the 20th of February; I believe it was about six days after the prisoner came to my master's door in the evening, about six or seven he knocked at the door, I answered the door; he said, he had my watch, and my property, that he had stolen from me; if I would come out of the door he would give them to me. What were the precise words that he used? - Them were the words as nigh as I can recollect. Repeat them again? - He said, he had got my watch, and my property, which he had stolen from me, if I came there, meaning out of doors, he would give them to me, if I would not say any thing to his officer, to have him taken up and expose him; I went out into the street, and shut the door after me, thinking to receive my property; he then said, he was going to Bath, he had pawned my watch, and every thing he had; and, d - n his eyes, if I did not give him more money, or money's worth, he would accuse me of an unnatural crime, he would take me up, and have me hanged; he immediately rushed me against the wall, and rifled my pocket, but I had no money, and he ran off down Crown-street; I followed him down the street, but he was gone off, and there was not a person there that I could get to assist me to stop him; on the 9th of March he came, about half past seven, to my master's door, and knocked; I answered the door to him; he said then, I have taken your property, and your watch out of pawn, here it is, I will give it you; he put his hand to his breeches, as if he was going to pull the watch out; I went to him, and he immediately, as before, robbed me of one guinea in the same manner as he did before. Where was that, in the hall, or where? - In the street. How came you in the street? - I shut the door, as I did before, when I saw him put his hand to his breeches, I thought he had got my watch; when he had got the guinea, he said, d - n his eyes, if I did not fetch him more money, he would murder me; I got from him, and got into my master's house; he followed me to the door, I knocked. How did you get in, because you said you shut the door? - I knocked at the door, and was let in by the servant in the hall; my master answered the door, and asked the prisoner who he wanted. How did your master happen to answer the door? - The prisoner came after me the last time he robbed me, and knocked at the door, and my master was in the hall, he came out of the parlour at the same time, and answered the door. What, when you and the other servant were in the hall? - Yes. Is it usual for your master to do so? - No, it was not a usual thing for my master to do. Was you making any noise or disturbance in the hall, or calling out? - No, I did not, my master asked the prisoner, who he wanted; he said, he wanted Charles; I was present in the hall at the time. Who is Charles? - He meant me; my master said, there is no Charles lives here; walk in, if you have any thing to say, with that my master let down the chain, and then the prisoner made off; my master asked me at that time, when he saw him go off, what he wanted with me? and I told my master the particulars; I had not before then told my master of the robbery; on the 16th of March I went from about half past seven o'clock 'till about one, which was the day the guns were fired off the day of the illumination; I pursued the prisoner, I watched him to the house where he went, which was the sign of the Horseshoe in Petty-France; I went, and got two constables, and took him in the street; he had left the house then. Then I suppose it was in consequence of your master's advice that you went into the Park the next day? - Yes, it was, but I should have taken him up before, if I could have sworn to the man. Mr. Scboen. Was any of your property found upon him? - Yes, a silk handkerchief, that was the handkerchief he took from my neck; when we took him to Justice Abbington's he was particularly engaged, he asked to go into a necessary; he went in, and he conveyed from his neck this handkerchief, which was round his neck, when he was taken, and he conveyed it down the necessary; I mentioned it to the constable in the coach; I did not think to mention it before, though I saw it round his neck when he was taken; after we had an hearing at Sir Sampson Wright's, he desired us to go back to this necessary, and in the presence of Justice Abbington, we took it out of the necessary; we took the handkerchief the next day to Justice Abbington's, and the constable took it the day he was fully committed. Court. Did you ever get your watch again? - No, Sir Sampson asked him, what he did with the watch; he said, he sold it to a Jew; I was present when he said that, and so was the constable. Court. Was his examination taken in writing? - Yes. Mr. Knowlys, Prisoner's Counsel. There is no examination of the prisoner's returned. I am for the prisoner; I ought to submit to your Lordship; here is a charge which certainly constitutes several highway robberies, and they are all consolidated in one charge in this indictment. Court. Take any one. Mr. Knowlys. You lived with Mr. Esdale in Duke-street? - Yes. Do you live there now? - Yes. Is your master here to day? - He is. You say the first attack was on the 20th of February? - Yes. You was going to call on your brother? - I had called on him, I was going home to my master's house; my brother lives in Swallow-street, Piccadilly. What time was your master's carriage ordered that evening? - At half past eight. What time did you go to your brother? - At about seven, or a little after. Which way did you come home? - I came in at St. James's. It was dark I take it at seven? - Yes, it was darkish. Swallow-street, if I know it, is nearer to your master's than St. James's palace? - Yes, I do not know but it is. Then you did not go the nearest way home to your master's house? - No, I do not know that I did. Has it never happened to you to hear that people going along the park, have been exposed to robberies after dark, and frequent complaints have been made of it? - Yes, I have heard of it. Can you give us now, my friend, any good reason why you chose to go round from Swallow-street, all through St. James's palace, into the Park, that way exposing yourself in a place, where you know robberies have been committed, rather than go the straight way? - No, Sir, I do not give you any particular reasons. And you can give no good reason for it? - No, I cannot give any particular reason for it. You had no reason at the time? - No, I had not. Then you were first of all accosted by the prisoner? - Yes. He was then in regimentals? - Yes. You a perfect stranger? - Yes. You say that the first thing that occurred to you was, his laying hold of you by the shoulders, and asking you for something to drink? - Yes. Was not you a little alarmed at that? - Yes, I was a little alarmed, but not confused. Then you was not confused? - I was confused to be sure. Were you, or were you not confused at that address? - Yes, Sir, I was confused. Were you near any body there? - No, Sir. And in the dark too? - Yes, it was in the dark. I suppose you looked upon this almost as much as forcing so much money out of your pocket? - Yes. If any watchman had been near, I take it you would have charged him with a robbery? - Yes, I dare say I should, but I am not positive; I could not call it a robbery to ask me for something to drink; I do not know whether I should have charged any watchman with him or not. I ask you whether you should not have complained of an attempt to rob you at that time, if you had had any person by, who would have rendered you substantial assistance? - Why, no, I think I should not. How came you to tell me just now that if assistance had been near you, you should have been inclined to have complained of an attempt to rob you? - When he took his hand from my shoulder, and left me and followed me, I did not thing any thing of his going to rob me; I was confused, and I was not confused; I was alarmed to be sure; I thought by the man's making a pitiful story to me, it was out of charity I gave him part of a pot of porter. Then this man being a perfect stranger to you, you at first thinking he had some bad design, he was the most unlikely man in the world, whom you should choose for a companion to go and drink with? - No, he was not. How came you then to go to partake of this pot of beer, as you meant to give him as matter of charity? - I can give you no particular reason for that. How long might you stay at this public-house with the man? - Perhaps ten minutes, or not quite so much. I take it the explanation took up some time in the Park, before you were prevailed on to give him a pot of beer? - I did not stop, I went on. How long might you have been going from Swallow-street to St. James's-palace, and then through the Park? - Not twenty minutes, I was not walking very fast; it was almost at the bottom of the Long-walk, pretty near Spring-garden-gate. The centry-boxes are some distance from that place? - Yes. And there is a wall near there? - Yes. And no windows that look on that part? - No; the prisoner followed me, I did not walk with him, he followed me at a distance, not at a distance, he was telling his pitiful story. Did not you desire him to follow you at some distance? - I do not mean to swear any such thing. Did he or not, follow you at your desire? - Not at my desire. Are you sure of that? - Yes, I did not go through the Horse-guard-gate, not Storey's-gate; we went through a gate by Lady Suffolk's house, which comes into Duke-street; that gate is open till ten, I found no difficulty in getting out at that gate. Then you went into the ale-house? - Yes. Did he go first, or you? - I cannot justly say; I did not give him the money for the beer before we went in; I paid the landlord of the house for the pot of beer, I do not know which went first into the public-house. Had you drank at that house before? - Yes, I believe about once, the prisoner sat by the side of me, and we drank the pot of beer. Did much conversation pass between you at that time? - No. Then you staid ten minutes at that house? - I said five minutes. Then you say he asked you where you lived? - No, he asked me where I was going, I said I am going to the stables. Did you desire he should follow you again to the stables? - No, Sir, I did not desire it. Nor forbid it? - No, I did not care whether he knew where I was going; there are other coaches stand in the stables, and there are dwellings where the coachmen sleep. Was you pleased with this man's company? - His company! No, Sir. Did you wish to pursue or renew the acquaintance? - No, I did not. You did not find the coachman there, nor any body you knew? - No, I did not, I did not stay at the stables a moment when I found the coachman was not there; he followed me to my master's undesired. No conversation all this time? - Yes, Sir, there was no conversation passed. Was there any conversation at all passed? - No, there was not. How came you to tell me yes at first? - I do not know that I did. You of course perceived this man following you? - Yes, I did, he followed me directly from the stables to my master's house, I went into my master's house, and he went his way. Who let you in? - One of the maid servants. Did you relate this circumstance to her? - No, I did not; I went in at the street-door. Do you remember opening the other door that evening, the back door, the servant's door? - Yes, I did. How long after the street-door did you open it? - I cannot justly say, it might be a quarter of an hour. Will you swear it was more than five minutes? - Yes, I will. Then there was nothing improper done all that time? - No. When do you say there was any thing improper done? - There was not any thing improper done then, but when I went out again at the gate, which was about a quarter of an hour afterwards, I was robbed of my handkerchief and pin. At that time had you no threat at all, nor any accusation from this man against you? - No, Sir, he took my pin and my handkerchief, and he immediately went off, he ran towards the barracks that was in the Park. How far was the centry off? - A great way at the top of George-street. How far is that gate at which you were, from Storey's-gate, at the top of George-street? - It is about forty or fifty poles. You made no alarm of this robbery? - No, I had hold of his hand, he was rather too strong for me, I never called out. Did you give any information to any of the servants, or to your master that evening, that you had been robbed in the Park by a soldier? - No, Sir, I did not. Did you give any information at all of this robbery, before you was threatened to be charged with an unnatural crime? - No, not to my family. Was your brother before the magistrate? - No, he was not. Is that brother here to-day? - No, he is out of town at a funeral, and has been these two or three days; the second time I saw him was the next night, nothing passed only he met me in an undress, and said he had been taken up on my account. That was not true? - No. Then the man fixed himself, and you knew him then? - Yes. That of course fixed his person strongly on your mind? - Yes. That he had robbed you on the night before? - Yes, he had, this was in the street about half past seven, it is not a public street, sometimes there is not a person for half an hour to be seen; my fellow servants were in the house. How long might you remain in conversation with him that evening? - Not at all. At that time there was no intimation from you that you meant to charge him with any thing? - No. You did not complain of this second robbery? - No, I did not, to any person. That was done with a considerable degree of force? - Yes, it was, I took no means to apprehend him that night, but I went the next day to see if I could see him, but I was not positive then whether I knew him, because of his two different dresses. Did you describe him to any of the Serjeants in the park? - No, I did not, the third robbery was attempted four or five days after. Even then there was no threat from him? - There was a threat from me, for I followed him down the street, and I should have taken him up if there had been any body; I cried out at the top of Crown-street, and he set off and run, and I after him; I did not say stop thief, but said that man had robbed me: there was nobody by. Did not the man, when he came to your masters's, say, Sir, I want Charles; and when your master said to him, there is no Charles here; did not he point to you, and say, that is the man I want? - I did not see him point. Upon your oath, before the magistrate, was not that given in evidence, and did not you yourself swear it? - No, Sir, I do not know that I did, I will not swear positive, to the best of my remembrance I did not swear it. Court. But though he did not point to you, did not he say you was the person he wanted? - Yes, my Lord, he did; he said that is the person I want. Then the man said boldly to your master, that is the man I want? - Yes, Sir, he did; and then after he was gone, I told my master. But not while he was present, and your master wondering why he called upon you, you never charged him with having robbed you? - No, I did not. Nobody was by when you lost your handkerchief? - No. Mr. Schoen. Your brother knows nothing of this but what you told him? - No, he does not. Court. When the man was in the hall, and your master opened the door, and he said you was the person he wanted, did your master ask him what he wanted with you? - Not then, but afterwards he asked me. And then it was you told the story? - Yes. Then I suppose your master said you must take this man up. - He said, if he has robbed you, take him up. JOSEPH NIBLOW sworn. I am an officer; I apprehended the prisoner in Petty-France, Westminster; I carried him before a magistrate; I found the handkerchief in the necessary at the Justices soon after he got to Mr. Abbington's; he asked to go to the necessary, it was within a couple or three yards of the office; I have the handkerchief, it was rather soily; I hung it up and dried it, here it is; I observed when I took the prisoner, that he had a darkish silk handkerchief tied with a bow; but as he mentioned nothing to me I took no more notice of it. To the Prosecutor. Is that your handkerchief? - Yes, there is my own name upon it. Mr. Knowlys. That handkerchief was publickly about his neck when he was taken? - Yes. Prisoner. I leave my defence to my Counsel. JOHN FORD sworn. I am a drummer in the Duke of York's regiment of Guards, 2d battalion; I know the prisoner very well, he was in the same regiment with me. Do you know the prosecutor? - No. Have you seen him before? - I never did to my knowledge. Did you ever go to the alehouse in Duke-street with the prisoner? - Yes, I have, to the best of my remembrance it was the 7th of February I met with Webb the prisoner, at the Bull's Head in Petty-France accidentally, and we there stopped and drank together a considerable time, and his money was pretty near expended; I went with him from there with an intention to go to Duke-street, and I went with him to No. 20, he knocked at the door, I saw the door open, it was not shut. Did you see any person do any thing with him? - I saw a man open the door to him, but I do not know who it was. THOMAS HAGGET sworn. I am a private in the same regiment with the prisoner; I have known him three years, a very good character as far as I knew; I was coming home from work about eight at night, I believe it was the 5th of February; and I was going up Charles-street, the prosecutor's master lives right opposite there, I saw a grenadier, that was the prisoner, and the prosecutor stand talking together, and I stopped, knowing him to be one belonging to the same regiment; I heard the prosecutor tell him to go round in the Park to the back door, and he would let him in, then he shut the door after him and went in, and I went and spoke to the prisoner; and asked him, what he was about? the prosecutor came and opened the door and let him in, and shut the door after him; he stopped there about a quarter of an hour, he came out again, and the prosecutor wished him a good night, and shut the door after him; I took particular notice of him; I had my working dress on; it was in Duke-street, right opposite to Charles-street; I know the house, because the door of the house is right facing the top of Charles-street, I do not know the number, nor who lives at it, but I perfectly remember the prosecutor, I never saw him before to my knowledge, I suppose I staid the value of half a minute, this was about eight on the 5th of February, there was a lamp at the door, it was very light; I am perfectly sure it was the same person. How came you to be applied to, to come forward in this business? - I do not know, I was subpoened. Had you remarked this man then? - No further than I said, that I did see the man and the prisoner together; that I have said since he has been confined; I do not know the prosecutor's name; I know him by sight; I am certain sure of him; I know it is the same man. How did you know he was the prosecutor? - I did not know it 'till now; I see it is the same person; I do not know that I saw him before nor since 'till now. A Soldier. My Lord, the grenadier saw him at the door just now, and he said he was the prosecutor, and then the grenadier told me he was the same man. Haggett. I was subpoened the 22d. What was you subpoened to give evidence about? - Nothing but the truth. But what was that truth to be? - I have told you that I was coming home from work; and I saw the prisoner and the prosecutor stand at his master's door; I did not know that he was the prosecutor, but I know it was the same man as I saw. The prisoner called three other witnesses who gave him a very good character. Jury. We wish to ask the master a question as to the character of the servant. JAMES ESDAILE , Esq. sworn. Court. The Jury wish to know of you, Sir, what character you give the prosecutor? - He has been a very faithful servant to me; and I am sorry for this happening, as I must part with him. Mr. Knowlys. If you think it proper, my Lord, I wish the master may relate something. Court. One is always happy, when a man is standing on his trial for his life, to hear something come out that may be of service to him. Mr. Esdaile. On the night that I answered the door myself; I was led to it from hearing a number of small taps at the door; the man asked for Charles; I said, there was no such man; I opened the door with the chain up; I recollected the man, I had seen him a fortnight before in the street, with my servant talking, on the pavement; I then suspected something, they ran down into the Park, I knew his face again, and seeing him I threw down the chain; he immediately said, that is the man I want; now it is given in evidence that he ran away, but that was not the case, for he would have come into the house, but he was in liquor; had he been sober he should have come in; I thought it necessary to mention it, my Lord. Court. That is very honourable of you, Sir, indeed. NOT GUILTY . Tried by the second Middlesex Jury before Mr. Baron HOTHAM . 393. WILLIAM MITCHELL and RICHARD WILEY , alias VERRY , were indicted for stealing, on the 6th of March , four silver teaspoons, value 10 s. the property of the right honourable George Lord Rivers . JOHN REEVEN sworn. I am servant to Lord Rivers; on the 6th of March last, about eight o'clock in the morning, I was returning from below stairs, I saw the prisoner Mitchell come out of the steward's room with the four teaspoons in his hand open; I observed the bowls of the spoons in his hand as he went up the area steps; I pursued him about forty yards; the other prisoner was waiting for him; he seemed to want to shift them from his hand to the other prisoner; the other prisoner was not in the house; Mitchell was not a quarter of a minute out of sight; he was taken, and the spoons found just under his feet. - RYMER sworn. The gentleman's servant cried stop thief! I saw the man in the blue coat; I ran past him; I stood two seconds; the footman came; he said, what have I done? says I, if you have done no harm, you have no occasion to be afraid; we went back, the four spoons were hid just where he was standing. WILLIAM MITCHELL , GUILTY . RICHARD WILEY , NOT GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. [Transportation. See summary.] 394. JOHN DUMPER was indicted for stealing, on the 27th of March , a leather portmanteau, value 1 s. a pair of boots, value 6 s. a waistcoat, value 4 s. a pair of breeches, value 10 s. the property of John Burrows . JOHN BURROWS sworn. On Friday the 27th day of March I came to town, and in the evening my servant got a coach, about 10 o'clock in Harley-street; he put all my things into the coach, there were five parcels; I did not go in the coach, some ladies did, with my things in it, to Great Russel-street. Who were the ladies? - Mrs. Burrows, her sister, and daughter; when we came to the door in Great Russel-street, one of the parcels was missing; there had been a man on the coach-box, who came with the coachman; I went to the proprietor of the coach, he gave the man a good character; the next day the coachman came to me to know what I should do, and the parcel was brought back by the coachman, the prisoner here, John Dumper ; the prisoner said, the man had confessed he had stole the parcel from my door; when he told me that I thought proper to arrest him. What is become of the other man? - The other man is not apprehended, as I know, yet. THOMAS MEARS sworn. I am the person who called the coach; in that coach I put five parcels and a coat; John Dumper drove the coach; soon after the prisoner stopt at Harley-street, a man came and fed the horses; after I put the parcels in the coach I did not leave the coach 'till the ladies came down stairs; my master called for his great coat; I went in, and put it on; I returned in about two minutes, saw the coachman on the opposite side of the coach from the door, and the man was feeding his horses; after the ladies were in I got up behind, the man went up with the coachman 'till we came to Great Russel-street; the man that was with the coach then made off; when we searched for the parcels there were only four in the coach; he declared he knew nothing of it, nor of the man, no otherwise than that he was the waterer, and feeder of his horses. NOT GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 395. JAMES BELLAMY was indicted for stealing, on the 2d day of April 1789 , a sword mounted with steel, value 17 s. the property of Jacob Phillips . JOHN DAVIS sworn. The prisoner pledged that sword with me on the 2d of April, on a Thursday, about eight o'clock in the evening; I live in Broad-street, Bloomsbury; I cannot positively say he is the man; to the best of my knowledge he is; he told me he lived in Compton-street; the sword was broken then. JACOB PHILLIPS sworn. I went into Mr. Alexander's house, that day it was very cold, and had a glass of gin; there was a parcel of Irish people in the house; I bought this sword of Sir Joseph Yorke 's valet; it was not broken when I bought it; not in that manner. What was Sir Joseph Yorke 's servant's name? - Mr. Lewis. How long have you dealt with the servants of the Yorke family? - I have dalt in that house ever since last year. Do you know any thing of Sir Joseph Yorke ? - Not particularly. Do you know there is such a person? - When I was in Holland, he was at the Hague. Do you know any thing where he is now, or what he is now? - No. Then you speak of only what you know when you was in Holland; where did you buy that sword? - I bought this sword at Mr. Yorke's in Cavendish-street, facing Mansfield-street, going out of Portman-Place up towards Marybone, next to a General's. Can you recollect the General's name, if you hear it? was it Mansfield or Brown? - No, neither of those names. What did you give for that sword? - I gave 14 s. for that sword, and a pair of buckles, but I reckoned the sword worth 17 s. What became of the sword? - I went into Mr. Alexander's house, and had a glass of gin; it was a publick-house, so when I came in, and paid for my gin, the man of the house said to them, this is the man that took up Jem Poles; I went along the tap-room, says he, you Jew thief, get out of the tap-room; through this, as there was a great many Irish people there, I thought to myself it was time for me to go, because there was bad words there, and I went out, and forgot my sword; as I had been used to have the sword under my arm, from Mansfield-street, I had not been above six minutes, or at the most ten minutes, before I missed the sword; I went back to the house. Where is Alexander's house? - Almost the middle of Monmouth-street, the Spread Eagle; I went back again, says I, Gentlemen, you may make a joke of it, but I do not mind paying a gallon, or half a gallon of beer if they would return me my sword; the landlord says, did not I say he would come back to lay it on some one or other? the prisoner was in the room, but I cannot swear he took the sword; I was used very ill in the house; I was glad to get out of the neighbourhood, if the sword had been worth 100 l.; the prisoner was in the room, but I cannot swear who took the sword. What day was this you lost the sword? - The first or second of April, I cannot tell very well. What time of the day? - It was in the evening, about six or seven o'clock. What sort of a sword was it? - It was mounted with steel, outside and inside, twisted with silver; it was very handsome before they broke it. Should you know the sword again? - Yes. (The sword produced.) This is the sword. What do you know it by? - This here was out, and I thought to have something put in, and sell it at a shop. Are you sure this is the sword? - I am. PRISONER's DEFENCE. I know nothing of the man; I was that day looking for a job, I called at this publick-house, there were two men sitting in the box; I sat down, and drank a pint of beer, one man calls me out; he says, Bellamy, here is a pawnbroker's ticket, I will be glad if you will take care of it; I never saw the Jew nor the sword 'till I saw him at the office. Where did you get the sword you pawned at Davis's? - I never pawned any. FOR THE PRISONER. JOHN FORD sworn. I live in Broad-street, St. Giles's, I sell muffins and gingerbread; on the 10th of April one Franklin brought a duplicate, and gave it to Bellamy to keep; Bellamy could not read it, he desired some man to read it for him; it was about eight or nine at night. - DISMORE sworn. The Jew when he came into the public-house had his bag on his shoulder, and the sword under his arm; the bag and the sword lay very near an hour, he went out and left the sword behind, he returned in half an hour, and said if any one could give him any account of the sword, he would give him a gallon of beer; the prisoner sat in the box, but I did not see him meddle with the sword, nor yet with the Jew, the Jew over-hauled another man, but said nothing to Bellamy. TIMOTHY MURPHY sworn. I have worked with the man some time back, and he always was a very honest man. NOT GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 396. SAMUEL DELVES was indicted for feloniously stealing, on the 16th of April , six goat skins, value 18 s. a dog skin, value 12 d. a pair of crap soles, value 4 d. one ditto, value 2 d. one ditto, value 3 1/2 d. a piece of dog skin, value 3 d. the property of Samuel Miller . SAMUEL MILLER sworn. On the 21st of March I discovered some leather concealed in my cellar, I was determined to find out who took it; I had at that time two shopmen and an apprentice; on the 24th of March, when Delves was at breakfast, one of the pieces of leather was missing; on the 1st of April a second piece was missing, and I discovered one piece taken on the 16th of April; I lost a piece of inner sole leather, value three-pence halfpenny, from under a board in the cellar, where it had been concealed, I suppose by the person who took it away, it had been taken from the shop; I searched the house of the prisoner, where there was a great deal of other leather, as well as that very piece, which I know to be my own; there was one skin in particular I could swear to; there was a mark of 71 in red chalk on one; on that I had the prisoner taken up; there was a dog skin marked R. M. which I had some knowlege of; I asked him where he bought that skin; he told me he bought it at Alderman Newman's. Mr. Garrow, Prisoner's Counsel. How long had this man been your foreman? - About four year and three quarters. You know he had carried on some business for himself? - I told him I had heard something of it, and that I would turn him away if he did so. I believe you found at his house several manufactured shoes, so that it seems he had not followed your injunctions? - Yes, I did. I believe you know that he dealt with your currier? - Yes, I had heard it. Have you heard he was about to set up in your neighbourhood? - Yes. How near was the situation he intended to set up to your shop? - One within seven or eight doors, the other in Cow-lane. The prisoner hath, I believe a wife and three children? - Yes. I may venture to ask you whether he was not a very industrious and honest man till this happened? - He was, and I kept him for his honesty. He had such an impediment in his speech that he was a great hindrance in your shop, but his honesty got the better of it? - Yes. What a good thing then he hath somebody to talk for him now, as he cannot talk for himself; had you not somebody else in your service whom you know had pilfered you? - No. Perhaps he was more a pilferer than the word imports? - The boy once went to buy something, and he charged me more than he gave for it. This boy is still continued in your service? - Yes. How came you to suspect your foreman more than this boy? - He was not my foreman. How came you to acknowledge him such before, who looked after your business when you was from home? - Either of my men. What quantity of manufactured shoes did you find in the prisoner's room? - About one or two and twenty pair. Were any of these your property? - Not to my knowledge. On your oath, did you not know they were not your's? - They were not. How happened it that you let this piece of leather lay so long; did you look at it every day? - Yes. Which was the first, taking the man up, or getting the warrant? - I first got the warrant. It was something about the size of this book, and the value about the price of a pot of beer? - Yes. RICHARD MUMBY sworn. I am a leather cutter; about the 15th of December last I sold eight or nine dozen of dog skins to Mr. Miller; when I bought them at Leadenhall, they had a stamp J. M. upon them, and I put R. M. on them. Was they the only parcel you ever sold with J. M. on them? - Yes, I do not know I ever sold any marked so before. Did the prisoner ever buy any leather of you? - No. CLEMENT CAZIM sworn. I am an officer; in the prisoner's house I got these skins, up one pair of stairs in the dining-room. Prisoner's Counsel. He carried on work there, I believe? - I saw a good many cuttings of leathers. Was that the room where the work was carried on? - Yes. All you have produced you are sure you found there? - Yes. Who desired you to take the shoes? - I had an order before the Alderman to take care of all the things. Are you the person that was tried for a misdemeanor on the city of London? - No. Then you are not tried yet? - No, that has nothing to do with this. But it has to do with your character, it certainly must be for some good, no doubt. Court to Mr. Miller. Can you pick out any of that leather you yourself can swear to? - Yes, this piece I can swear to. What do you know it by? - There is an odd kind of a stain upon it, which was on it when it was under the board. Were the letters on it now, on it when it was under the board? - No, I put it on it to know it again when it was brought on trial. How came you to do that, if you was certain it was yours? - Some person stood by advised me so to do. Mr. Mumby. I know this was mine once; I really believe it is the piece I sold to Mr. Miller. Did you never sell any of that parcel to any other person but Mr. Miller? - I think not, but I cannot say positive; but I am sure it was never retailed out of my shop, but it was sold in a lot. JOSEPH THOMPSON sworn. This is my mark on this piece of goatskin. Who was that leather sold to? - It was sold to Mr. Miller by our catalogue. Where is your catalogue? - It is not here, it was the sale catalogue. Who marked the catalogue? - My master. Is he here? - No. Then 'tis of no use to produce it? Do you know of your own knowledge any thing, except by the catalogue? - No. Was you present when the entry was made? - No. W. BRADSHAW sworn. Here is a piece of leather in Court; I had the cutting of it; my master sold it to Mr. Miller. Who is your master? - Mr. Farborough in the Borough; Mr. Miller bought a parcel of these soles of my master. Was you present? - Yes. How many? - Thirty dozen. Did the prisoner ever buy any soles of your master? - No. How do you know that piece of sole? - By the price that is put on it; I chalked it on it myself; it is the No. 10, for the price of the soles. Where is the No. 10? - Here is the 1 and here is the 0. Now go, shew it to the Jury. Jury. There has been such a mark on it. You told me just now, you knew it by the mark which you chalked upon it. How do you know that that is the piece now? - By the leather and the form of it. SOLOMON BORAM sworn. I saw some leather in Mr. Miller's cellar; it was on a Saturday, in the month of March; it was inner sole leather, three pieces; I did not know for what purpose it was there for; I missed it on the Monday week following, on Saturday from thence I saw three pieces of a bigger size, then I acquainted Mr. Miller. Do you know what became of these three last pieces? - I missed them at different times after I had told Mr. Miller; on a Tuesday I told Mr. Miller one pair was gone, during the time that these two pieces was there, I saw another piece concealed under the same board; there were two of them missed, and there was another piece concealed under another hole, which has been found since. That piece that the constable found, do you know it? - Yes. How? - By the mark I put on it under the flaw; the cutting is the contrary way to the flaw. Mr. Garrow. How long have you heard that this man was to set up for himself? - I heard it since he was taken up. He had been a long while in the service, did you know he was going to leave the service? - No. Did you know he worked for himself? - Yes. MATTHEW ROBINSON sworn. I am a leather-cutter; here is a pair of soles which Mr. Miller bought of me, which have my mark upon them. What is the mark? - 5 and 6, signifying that they were 5 s. 6 d. a dozen. Did you mark them yourself? - Yes. Mr. Garrow. Any other bought at your shop, of the same value, would be so marked? - Certainly. Are you able to say this sole was sold to Mr. Miller, or some other person? - I am certain it was sold to Mr. Miller, because I save all I get of that price for Mr. Miller for this twelve-month last past. Did you sell them marked thus before this last twelve months? - Before that time I did, but not since. Do you recollect when that mark was put on? - He sends for soles about once a fortnight, and generally hath four or five dozen at a time. Are you certain this pair was sold to him? - I am certain. Suppose you had sold them a twelvemonth ago, would you know them from this? - I should not. FOR THE PRISONER. ROBERT LAWSON sworn. I am a currier of leather, in business for myself; I know the prisoner at the bar vastly well; I have taken some scores of pounds of him, for all sorts in that business, for boots and shoes. Have you sold him sole-leather like that? - Yes, I have, always ready money; indeed I thought I had the whole of his custom, but I find I had not. HUBBARD FRY sworn. I am a servant to Alderman Newnham; the prisoner hath frequently dealt at our house for himself, and sometimes looking out leather for his master; we have sold him all sorts of leather proper for boots and shoes. Do you see there any leather you know to have been Alderman Newnham's? - I see none. WILLIAM READ sworn. I live in Drury-lane; I am a currier, in business for myself; I know the prisoner, by coming for some boot legs for Mr. Miller. What character did he bear? - A very good one. How long have you known him? - About two years. Is there any leather bought at your house? - No. - BARBER sworn. I am an Attorney at Law; I have known the prisoner about a year and a half; he used to make my shoes. What character did he bear? - A very good kind of man. Did you know he was going into business for himself? - I heard of it from himself. ROBERT CURTIS sworn. I live at No. 7, Green-Arbour Square; the prisoner bears a very good character; and is a very industrious man. - JOHN PRITCHARD sworn. I am a haberdasher on Snow-hill; I have known the prisoner for four or five years; he hath often been at my house, eight or ten times a-day backwards and forwards; through his behaviour at all times, and attention to his master's business, if I wanted a servant of that description, there is no one I would take sooner. RICHARD COMBS sworn. I am a shoemaker; I have known the prisoner upwards of two years; he always bore an excellent character; I lodged in his house upwards of eight months; I worked for the master, and sometimes for the prisoner himself. SIMON LUNGRAN sworn. I live in Great New-street, I am a shoemaker; I have been a servant to Mr. Miller, and found the prisoner ever attentive to his master's business, bore an excellent character, and the honestest man I ever had any connexion with. NOT GUILTY . Tried by the London Jury before Mr. RECORDER. 397. SAMUEL PRITCHARD was indicted, for stealing nineteen ounces of iron wire, value 9 s. 6 d. and sundry wood bobbins, containing a quantity of silk and cotton on them, value 4 s. on the 23d day of March , the property of Samuel Heighway . SAMUEL HEIGHWAY sworn. I am a coverer of wire, and manufacturer thereof . Did you lose any iron wire on the 23d of March? - I did; the prisoner was a servant of mine, I believe about twelve months, during those twelve months these things were missing; on the 23d day of March I took from the prisoner sundry bobbins of silk and covered wire; they were in a drawer, which was the prisoner's drawer, in a chest of drawers that belong to him in the house; he was not present; I do not positively remember what he said, I had him committed. (Produced, and deposed to.) - LEMON sworn. I am a weaver, my wife winds for Mr. Heighway; we mark the bobbins, and there is one here that is my marking to the best of my knowledge. Mr. Heighway. In the course of the business he works with the articles to cover the wire, with the different materials. To Lemon. Which is the bobbin you marked? - It is here. What is the mark on it? - 40. Do you know your hand-writing to that? - I cannot swear positively; to the best of my knowledge that is it. How do you know that that which is marked 40 was carried back to the prosecutor's house? - I am certain, to the best of my knowledge. Mr. Heighway. Can you say with certainty, that that bobbin was ever in your house? - As far as a tradesman can say, it was; in the course of my business there are many marked 40. Can you swear for a certainty that bobbin was ever in your house? - That cannot be. Do you think it was possible this woman to be deficient a bobbin, and you not to have known it? - No. DANIEL WESLEY sworn. I am a servant to Mr. Heighway, on the 23d of last March, on Monday, in consequence of an information from Mr. Grant, I went along with Mr. Heighway to the prisoner's drawer, and the drawer was opened, and there were sundry bobbins of silk and cotton found in the drawer, when I went in; I was present when the goods were taken out, it was partly open; here are two bobbins of my own marking, which I have brought from the warehouse to shew against them here, that it is the same hand. Have all people in the trade bobbins wound in the same manner? - Yes, but they are my own marks. Is this W your own hand-writing? - It is; no doubt at all. Have other people in the same business the same marks? - I know not that they have. Are the marks on the bobbins such as you had at that time in your house? - All. Was you at the opening of this drawer? - I saw it opened. Nothing was put in? - No, my Lord, but those things only taken out. Is there anything about that iron wire you can identify? - One part I can, the other I cannot. - EXTON sworn. I am servant to Mr. Heighway; I knew so far, that the prisoner had offered the wire to sell; Mr. Heighway had taken me with him to the prisoner's; from the prisoner's drawers I took these two bobbins, and these two pieces of wire. CHRISTOPHER FOX sworn. I am a weaver; Mr. Heighway deals with me; I saw the bobbins at the prisoner's house. JOHN CLARKE sworn. On the 23d of March last, the prisoner at the bar offered me one of the parcels of wire for 10 s.; I can't swear to the parcel, but I believe it to be the same; the prisoner told me he bought it of one Mr. Grant; I went to Mr. Grant, and he said the prisoner never bought any; I gave the prisoner 8 s. and I received the wire from the prisoner, and was to give him 2 s. more the next morning, if I found he came honestly by it; I carried the wire to Mr. Hyam's the same night. Hyam. I have kept it ever since. JOHN GRANT sworn. I know that I manufactured the wire for Mr. Heighway; I know the wire, and I know I manufactured it. PRISONER's DEFENCE. My master's work is weighed to me always; no one can say I ever took any of the property. The prisoner called eight witnesses who gave him a good character. GUILTY . Tried by the London Jury before Mr. ROSE. [Whipping. See summary.] 398. HENRY AITKINS was indicted for stealing, on the 16th of April , three half guineas, and some silver , the property of Samuel Lucas . SAMUEL DENTON sworn. I came to Mr. Lucas's office in Westminster , the deputy clerk of the peace , about a quarter after ten; I act for Mr. Lucas in the office; when I came in, the office was rather full; among the number the prisoner was one; a witness, who is now present with me, wanted her business done immediately; I desired them to stop while I went out with her; the prisoner wanted a recognizance discharged, it came to 9 s. and 8 d.; he said he had but 5 s. and 3 d. in the world, and begged I would take that; I told him I could not, but would give him a week to pay it in; he staid in the office while I discharged the other people; I took the following monies; of one 3 s. and 2 d.; of another, 1 l. 9 s. 8 d.; I took two guineas and a half, the rest in silver, one half guinea was light; as I took the money I put it into my drawer under the desk, I took another 14 s. in silver likewise; I put them all into the drawer during the time the prisoner was in the office, the whole amount of which was three half guineas, and silver to about 3 l. the prisoner was one of the last in the room; and at last he went, and I went out with the witness, Mr. Saunders; and shut the office, and left the money in the drawer. Court. Did you lock it? - I did not lock it, nor the office door neither, I shut the door; I returned in about ten minutes; I found the prisoner in the office, he offered me 10 s. to take for his 9 s. 8 d. I blamed him much for telling me a lye at first, and was rather surprised to find he had 10 s. after he had declared he had but 5 s. 3 d. when I took the 10 s. I saw a shilling which struck me I had seen before; I then opened my drawer, and began to look over my silver; the witness Saunders said immediately, you have lost your gold; I said I had; I rung the bell immediately, and inquired if any body else had been there, they said no; the prisoner remained there; there was a lad coming, who was in the passage, I believe; I bid him to shut both doors, and told the prisoner I must be under the necessity of searching him, on which he said, you need not search me, I have got 36 s. in my pocket; I laid hold of him, and immediately he pulled out the three half guineas, and some silver; I asked him, where he got it? he said it was his own money, and said I need not be surprised at his having that, for he had six and thirty shillings in his pocket which he had received of one Mr. Jaques that morning. Prisoner's Counsel. Your office had been pretty full? - Yes. You left the office-door unlocked, and the drawer unlocked? - Yes. There were other persons who have access to the drawer beside yourself? - There was no other person that day. You did not come 'till a quarter past ten? - No. Is the house inhabited? - Yes. Every person that inhabits that house then, can of course have access to the office? Court. It goes further, the door being unlocked, any body might have access. Prisoner's Counsel. The door of that house is opened in the time of publick business? - No, it is not kept open. There was a lad in the passage, you said? - I only asked him a question, and discharged him immediately. It frequently occurs, that people that come to discharge their recognizances, represent themselves as being poor when they are really not? - Sometimes it happens that they say so. SUSANNAH SAUNDERS sworn. I was in the office before the clerk came, the prisoner was there, and there were seven or eight more; I waited 'till all the rest were gone, 'till the last witness went out with me; I stood close by the clerk all the whole time; he put all the money he received into the drawer; I saw him receive two half guineas, and some silver; he put it in a drawer, the prisoner was in the office all the whole time, I stood just by his elbow; I went out with Mr. Denton, I returned in about ten minutes, or rather less; I went out to see a person that was ill; the prisoner was in the office when I came back; he went out just before Mr. Denton and me, and when I came back he had ten shillings in his hand; Mr. Denton says to him, what, have you made up the money? he says, yes I have; to tell you the truth I had it about me all the whole time; and the clerk made answer, then, you was a very bad man, because it makes other people fare the worse not to speak the truth; he said, I have six and thirty shillings about me; Mr. Denton drew out the drawer; and I said, you have lost your gold; he then told the prisoner he must be under the necessity of searching him. Court. Did he say he had got the six and thirty shillings before or after Denton said he must search him? - He said it after, and then he pulled out three half guineas and some silver. Prisoner's Counsel. You stood close to the clerk all the whole time by the drawer where the man was? - I did. At any time when you had the opportunity of observing him, he was not in the reach of the drawer? - No. How many recognizances did you come to discharge? - Three. Did not you say to the prisoner, that if he had drawn so many recognizances as you had he would know better the expence about it? - I did not. Are you not often at that business? - No; those three were not on my own account. ANN ROYDEN sworn. I let the prisoner in between the hours of eight and ten; I go out a nursing, and I attended at that time at Mr. Lucas's; the boy was out, and I opened the door to this man; he said he was come with 5 s. if the gentleman would take it to draw his recognizance; I told him I could not do any thing 'till the clerk came; I then went up stairs; after Mr. Denton went out the boy came down, and told me there was somebody in the office; I then went up, and found this man, the prisoner, in the office, and a lad in the passage; he offered me ten shillings to carry up stairs, and to plead poverty for him, for he had but 5 s. in the world 'till he went and pawned his two shirts; he begged very hard for me to go up with the money, I told him I could not, I did not choose to leave the office for fear; I spoke to the boy in the passage, and asked him, what he wanted? and I staid in the office 'till Mr. Denton came in. Court. Did you see Mr. Denton go out? - No. How long was you in the office with the prisoner? - I was in the office three or four minutes before the Clerk came. Prisoner's Counsel. The boy came up stairs with you? - That boy in the passage was a stranger; as soon as Mr. Denton came in, the prisoner offered him the money; Mr. Denton opened his drawer; and asked, if any body had been for money? I said, no; he said, I have lost money; Mrs. Saunders said immediately, you have lost your gold; Mr. Denton said to the prisoner, I must be under the necessity of searching you; and then he said he had six and thirty shillings in his pocket, and pulled out two half guineas and some silver; then the lad went away. Pleading poverty is an old trick at that office when people come to draw recognizances? - I do not understand it; I was only there two days. THOMAS MANSFEILD sworn. I was at the Clerk of the Peace's office to draw recognizances; the prisoner was in the office, he did not know I was an officer; I searched his pockets, and found the money; I took it, and brought the money down to the office. JOSIAH WOOLDRIDGE sworn. I let the man in before Mr. Denton came back, and immediately I went out. Did he knock at the door? - Yes. What did he say when you let him in? - He did not say any thing to me; I went out on an errand immediately. How came you to let a man in without asking him any question? - I supposed he came in on business, and I did not know but there was somebody in the office. How long did you stay out? - About three minutes, when I came back I went down stairs, and a boy in a green coat came; I opened the door of Mr. Denton's office, the man followed me in. Where was he when you came back first? - When I came back first he was not in the office, he was in the passage; I went in, and he followed me; then I came down stairs and asked where Mr. Denton was. How long might the prisoner be in the office by himself before any body else was there? - About two minutes. Prisoner's Counsel. What became of the boy in the green coat? - He staid in the passage. That boy is not here? - No. Court to Denton. What was the business of the boy in the blue-coat? - He came to search if a recognizance was discharged; I told him it was. Was he asked any questions in the prisoner's presence? - I was going to take his directions, but as the man had got the money I thought it needless. On whose account did you receive this money? - On account of Mr. Lucas. Prisoner. I have got some friends here to give me a character. MARY JEFFERIES sworn. I live in Elder Row, Marybone parish; I go out charing and washing; on the Thursday before Good-Friday I went to this man's house for some potatoes; he keeps a green grocer's shop; there was a gentleman buying some nonpareils; he gave his wife an old half guinea to change, and she scrupled it; I told her she need not be afraid, it would have many masters; she went to a box, and opened it, and there was another half guinea in it, some half crowns, and some small silver, they were altogether in a sampler, and put this old one with them. (The Prisoner holds up the Sampler.) Prisoner's Counsel. That is all you know of the matter; you say his wife took an old half guinea, which she put in a sampler with another half guinea, and some silver? - Yes. The prisoner called three witnesses, who gave him a good character. NOT GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 399. PAUL WEAVER was indicted, for feloniously assaulting, on the King's highway, William Beckwith , on the 10th of March , putting him in fear, and taking from his person, and against his will, one gold watch, value 20 l. and three cornelian seals set in gold, value 2 l. his property. WILLIAM BECKWITH sworn. I lodge in Charles-street, Covent-garden; I was out on the 10th of March, at the corner of Cockspur-street , between seven and eight o'clock in the evening. I was going along with a friend; I had a great coat, with leather breeches, which fitted exceeding tight, so that I could not put one large seal in my fob; I had a friend with me, who is not here; there was a crowd in consequence of the illumination; I felt a person's hand on my fob; I immediately laid my hand on his wrist; after which I immediately felt a pluck at my seal from the hand which I had then hold of; I had hold of another person with my other hand; I quitted that person, and got hold of that person whose wrist I had got in my other hand; after which I still retained the hand, and I felt it evidently expanded open, there was at the time some soldiers coming past; with an amazing deal of trouble, I got into a house, and afterwards sent away to Bow-street. Did you lose your watch? - I lost my watch. How could the prisoner have an opportunity of conveying away the watch when you had hold of his wrist? - I had only hold of part of his wrist. What became of the watch? - I do not know. Mr. Garrow, Prisoner's Counsel. There was a very considerable crowd at that that place? - Yes. Had you the same misfortune as you have now with your eye? - I had not. Had you been at Bow-street that day about your other robbery? - I do not recollect. You must recollect it? - To my knowledge I was not. You was going, as others were, to see the illuminations? - Yes. This man was instantly secured with the seal in his hand? - Yes. The man was instantly secured, and the watch could not be found? - Yes. What promotion have you in the army - I have sold it out since. What regiment was you in? - In the twenty-ninth. An officer, I conclude? - An ensign. Was you so at that time? - I cannot recollect. You must recollect; do you recollect at what time nearly, you sold out? - The sale of it was on the day the first gazette came out after the King's recovery, I was in the gazette. Your watch never was recovered? - No, never. Was this man searched? - I did not see him, the man who came from Bow-street said he was. The prisoner called five witnesses who gave him a very good character. NOT GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 400. JOHN JENNINGS and JOHN WOOD were indicted for feloniously assaulting William Beckwith , on the King's highway, on the 2d of March , and feloniously taking from his person, and against his will, six shillings and six-pence, in monies , his property. WILLIAM BECKWITH sworn. On the 2d of March I was in a post-chaise coming to town, with a Mr. and Mrs. Hirst; I was asleep when the chaise stopt. What was the first thing you perceived? - I felt a man's hand on my thigh, he said he wanted my money; I said he should have it presently, I had three guineas in my pocket, and some silver, and I was not disposed to part with my gold; I was some time separating my silver from my gold; one man, the opposite side called out, damn me, why don't you rob that gentleman? the man immediately said, make haste, or I will fire; I had not given him any thing then, I told him he might fire and be damned, and gave him six shillings and sixpence; afterwards they went off. What sort of a night was it? - It was rather a light night, and the road was particularly light. Could you see either of the persons, so as to recollect and know them again? - I will not say positively. HENRY HIRST sworn. I was in the chaise when this happened with Mr. Beckwith, coming to town, between Brentford and Turnham-green, I was stopped by a man and robbed, and he took from me one half guinea, one shilling, and two counterfeit six-pences; I believe the man on the other side of the chaise did take some money from Mr. Beckwith. Did you see him so as to know him again? - I think I should, it was rather duskish at the time; the man that robbed me had a brown great coat on. Look round at the prisoners, if you think either of them was the person? - I believe the person in the blue coat (Jennings) was the person that robbed me; I will not be positive. HANNAH HIRST sworn. I was in the chaise with Mr. Hirst and Mr. Beckwith when it was stopt, but I cannot speak to the persons of the prisoners. JOHN CREEDLAND sworn. On the 2d of March, near the hour of nine in the evening, I was going to Acton, together with three others, two on one side of the road, and two on the other; we met the two prisoners coming from Acton towards us; I was going to Acton, I let the prisoner Wood pass by the left hand side of the road; Jennings jumped from the footpath into the middle of the road, where he run backward, when I had an opportunity to see he had a pistol in his hand; (the pistol produced) he ran then on the right side of the road on the foot-path, he ran on, and I after him for some considerable way; he turns about with the pistol in his right hand, presented the pistol to me, drew the trigger, and it flashed in the pan only; he run on with the pistol in his hand till he came to a stile on the same side of the way, he threw the pistol out of his right-hand over the stile; he crossed the road again, and went through a hedge, and into a field; he ran to the right-hand side of the hedge, and in getting over there I apprehended him, and brought him back to the four-mile-stone on Acton road, into a public-house, and I searched him and found on him a small box containing six balls and some powder; after securing the man I went back to find the pistol, I knew where the pistol lay, there had been some men looking after the pistol, and one Mr. Street being near the place, he took it up, and gave it to me; I went back to the public-house, unscrewed the barrel, and took out two balls; (the balls produced) after that I took him to the watch-house, he had a brown coat on; I found besides on him a knife, one penny, and a pair of gloves. Mr. Garrow, Prisoner's Counsel. No money was found at all on him only one penny? - No. And you searched the man intirely? - Yes. It was perfectly light, you could discern a man's features? - Yes. It was not then, as Mr. Hirst says, duskish; you can see perfectly well, perhaps better, in the dark than in the light? - It was rather light. You just now said it was perfectly light to discern a man's features? - It was in the month of March, near nine o'clock. DUNCAN GRANT sworn. I am a patrol with Creedland; on the 2d of March as we were going backwards and forwards, I saw Wood between Acton and Shepherd's-bush. Did he run away? - He did not, because he was seized; I brought him to a public-house and searched him; I found on him half a guinea, two half crown pieces, four shillings, and three six-pences (the money produced); I found this powder in his pocket (produced); I saw him throwing away the pistol. Did you find the pistol again? - I sent two men and they found it in the very spot where I apprehended him, in a field on the onside of the road, that is on the left side of the road going from here to Acton. Court to Creedland. On which side of the road was the other pistol thrown over? - On the right-hand side. Court to Grant. What did you do with the pistols? - I unscrewed the barrel, and drew the pistol, and it was loaded with two balls. Court to Mr. Hirst. How much did you and Mrs. Hirst lose? - Mrs. Hirst told me she lost a guinea and some few halfpence. How much did you lose? - One half guinea, one shilling, and two bad sixpences. Was there any of the money such as you could know again? - There was one of the six-pences I think I could recollect. Do you think you can positively say? - Money is such a thing one cannot scarcely swear to; I verily believe it was the money I had in my pocket. Can you recollect any thing of the half guinea? - It is one of the late coin, one that looks pale. Was there any silver you could know? - One of the six-pences had a notch in it. Court. If it is not sufficient to swear to, we need not take up time? - I mean not to swear to it. Was there on any of the six-pences any marks? - Not to swear positively to. Can you describe the marks on the sixpence with the notch, such as they were; was there any thing else beside a notch; was it a thick one or a thin one; was it a remarkable thin one? - I cannot take on myself to say. Have you observed any other marks besides that notch? - I cannot recollect. Did you observe whether it was round or not? - I do not think it was quite round. Now, Sir, look at that six-pence. and tell me how far you can speak to it? - This is, I believe, the very six-pence I had fourteen days in my pocket. Does the Inspection make you positive? - It does not, coin is such a singular thing for a man to be positive to. Court to Mrs. Hirst. What money did you lose, Madam? - A guinea and some halfpence. Court to Mr. Beckwith. What pieces did you lose? - Half a crown and four shillings. PRISONERS' DEFENCE. We are not guilty. - HARMAN, Esq. sworn. The prisoner Wood was my coachman, he lived with me three years, he was very honest, an exceeding good servant, and exceedingly attentive during the three years he was with me; I trusted my property to his care, and have sent him with cash to the bankers, to the amount of six hundred pounds at a time; I entrusted two hundred pounds to his care a very short time before he was discharged my service; he left me in February last, I did not discharge him for any fault, I had no further occasion for him; but on parting with him, told him, whenever I wanted a coachman again, I would take him into my service. BOTH GUILTY , Death . Tried by the second Middlesex Jury before Mr. RECORDER. 401. JOHN PARKINS was indicted for bigamy , to which he pleaded GUILTY . Imprisoned twelve months . Tried by the second Middlesex Jury before Mr. Baron HOTHAM . 402. SIMON COZONI was indicted for that he, on the 10th of March , four pounds weight of pickles, value 2 s. 6 d. the property of Christopher Pack and Edward Lewis , by a certain person then lately before stolen, did receive and have, well knowing them to be stolen, taken, and carried away, the same person who stole them not having been before convicted thereof . NOT GUILTY . 403. JOHN BISHE was indicted for the same offence. NOT GUILTY . 404. HE was again indicted on two other indictments for a similar offence. NOT GUILTY. All Three Tried by the London Jury before Mr. ROSE. 405. SAMUEL BROUGHTON was indicted for obtaining goods by false pretences, with intent to defraud Peter Wells , and Co. The prisoner brought an order for goods as from William Hewitt , of Turnham-green, who was a customer of the prosecutor's; in consequence of which the goods were delivered to him, and were afterwards found at the house of Stephen Yoell , to whom he had sold them for three pounds thirteen shillings. PRISONER's DEFENCE. This is the first offence I ever committed. GUILTY . Transported for seven years . Tried by the London Jury before Mr. ROSE. Lidia Jones ; Elizabeth Shakespeare ; Esther Thornton ; Catherine Heyland ; Ann Steel ; Elizabeth Smith ; Mary Wade ; Jane Whiting . The following Prisoners accepted the conditions, viz. To be transported for the term of seven years . Margaret Wood ; Sarah M'Cormick ; Mary Kimes , alias Potten ; Mary Chafey ; Sarah Young ; Mary Hook ; Elizabeth Goldsmith ; Mary Hounsom . The Sessions being ended, the Court proceeded to pass Judgment as follows: Received sentence of death, 9. Thomas Mason , William Atwright , alias Barker, John Ward , Edward Church , John Blinkworth , Ann Smith , John Jennings , John Wood , John Moore . To be transported for fourteen years, 1. Sarah Michal . To be transported for seven years, 53. Thomas White , William Knight , Thomas Andrew , Thomas Stevens , Elizabeth Hardiman , William Garment , Maria Israel , Richard Roberts , John Eades , John Hopkins , George Williams , Peter Roch , Ann the wife of Peter Roch , Thomas Palmer , John Wife , John Gillett , Edward Welch , William Mitchell , George Wilson , John Russell , Thomas Greenbank , Thomas Woollerton , Thomas Evans , John Holdway , Walter Scott , John Tyre , Susannah Bray , alias Gay, Mary Wilton , Francis Evans , John Lindsay , Margaret Carter , Joseph Smith , Elizabeth Robinson , John Forsith , Thomas Stevenson , George Wood , William Reed , Valentine Fryar , John Broughton , George Bellow , William Nicholas , John Bradey , Robert Seward , Edward Caseltine , Daniel Sewell , John Williams , John White , John King , Ann Thomas , Mary Jones , Joseph Atkins , Thomas Ryley , John Harris . To be imprisoned for twelve months, and fined 1 s. 2. George Isham Parkins , John Jeffkins . To be imprisoned for six months, 10. John Dagley , John Neatley , Alice Serjeant , Samuel Pritchard , John Clarke , Richard Evans , Mary Wilson , James Henley , George Mason , Joseph Lynes . To be whipped, 14. William Bates , William Nowlan , Samuel Pritchard , John Baker , John Clarke , Richard Evans , Mathew Ross , Benjamin Stokes , Thomas Holloway , James Wood , William Innis , James Henley , Peter Miller , George Mason . Sentence respited on John Wilkins . The Prisoners who refused to accept his Majesty's Pardon, as before-mentioned, were again put to the Bar; when the Court addressed them as follows: I find there are several of you who have refused his Majesty's most gracious pardon on the present occasion; you have been convicted of very heinous offences, and you seem to forget that the King, in his great goodness has saved your lives; having saved your lives, your not being inclined to accept that pardon arises from a hope that you shall not be sent off so soon as the other prisoners; I think it my duty, who have not the power to alter the sentence at all, to tell you that this sort of conduct will be considered as an aggravation of your offences; and if you have any hopes that your sentence will be altered, you had much better accept of the King's pardon now, and try what interest you have to get that sentence mitigated; but if you go from the bar now, you will remain under sentence of death; and you may depend upon it, that you will suffer death with the first culprits, at the next execution; I think it my duty to state this to you, and to remind you of the most dreadful situation in which you stand; if after this notice you chuse to suffer death, which the law has ordered, I have done my duty in stating it to you, and you must take the consequence; I have sent for you that you may know your situation, and not be hurried to that which may bring you to a most disgraceful end; I hope you will take the advice of the Court, and accept of pardon, if not it will certainly be too late hereafter. Prisoner Burgess. I am satisfied with what I hear about it, I will suffer death before ever I will go abroad with them; I am very well satisfied with the death that was ordered for me. Court to Mr. Akerman. Take her away, and put her into the condemned cell by herself. Prisoner Tyler. I will never accept of it to go abroad. Prisoner Cutler. I think it is very hard; I will not accept it. Prisoner Cowden. I will not accept it; I will die first. Prisoner Storer. I will not go out of my native country. Prisoner Mills. I will not accept it; I will sooner die in my own country than be sent abroad. Court. Let these women be confined in separate cells, and fed on bread and water. Mr. HODGSON RESPECTFULLY returns his most grateful Thanks to his Employers and Pupils, for the Preference they have thought proper to give to his Mode of teaching and writing SHORT-HAND, which he flatters himself is at once as concise and correct as any other System; he continues teaching in four Hours, by four Lessons, the whole necessary instructions in this much approved Art. He also takes Trials and Arguments with the utmost Care, which are copied so expeditiously as to be sent home the same Evening, if required. A new Edition of HODGSON'S TREATISE ON SHORT-HAND, which is a sufficient Instructor of itself, is just reprinted, Price Eighteen pence; also his Publication, entitled, "SHORT-HAND CONTRACTIONS, adapted to every System of Short-Hand; "to which are added, a Comparative Table of Short-Hand Alphabets, and "two Extracts by way of Specimen, with two Copper-plates annexed," Price 2 s. 6 d. Sold by J. Walmsley, Chancery-lane, and also by Bladon, Matthews, Bell, Brown, Clarke, Egerton, Fourdrinier, and all the Booksellers. Letters (post paid) from Purchasers of either of his Books, directed to Mr. Hodgson, No. 35, Chancery-Lane, will receive immediate Answers, and all Orders from Gentlemen in the Profession of the Law and others, immediately attended to: Addressed to Mr. Hodgson, at his House, No. 13, White Lyon Row, Islington, or left for him, at No. 35, Chancery-Lane. Gentlemen who send in haste to Islington, are requested to send a Porter, and not trust to the Stage or Penny-post. The numerous and particular Trials which have been much enquired after, Mr. Hodgson has reprinted for the Accommodation of his Customers. N. B. As many Gentlemen who have taught themselves Systems of Short-hand, not formed on Mr. Hodgson's Plan, wishing to exchange them, have found the Attempt too embarrassing: Mr. Hodgson has recently succeeded in introducing the peculiar Brevities of his System into others without altering the Alphabets, and has found the Practice, (though novel) perfectly easy. Mr. Hodgson has a compleat Set of Sessions Papers, for the last sixteen Years, which he will dispose of; or any person wishing to see any particular Trial, may have an Inspection of the same, or take a Copy of it, at the usual Prices. Just published a new Edition of the Trial of Andrew Robinson Bowes , Esq; and several others for a Conspiracy against the Rt. Hon. the Countess of Strathmore, Price 3 s. 6 d. taken in Short-hand by Mr. HODGSON. Sold as above. The Monthly Review for August, thus notices the above Trial "The Reviewer "is much obliged to Mr. Hodgson for making his Title Page so full and circumstantial "that it requires nothing to be added, except our acknowledgment of the "care and accuracy, with which he appears to have given this Trial to the Public."

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TAKEN IN SHORT-HAND BY MANOAH SIBLY , PROFESSOR OF SHORT-HAND, No. 35, Goswell-Street, And Published by Authority. NUMBER VIII. PART I. LONDON; Printed and published by HENRY FENWICK , No. 63, Snow Hill. Price TWO SHILLINGS. THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c. BEFORE the Right Honourable THOMAS SKINNER , Esq. LORD MAYOR of the City of LONDON; The Honourable Sir BEAUMONT HOTHAM , Knt. one of the Barons of his Majesty's Court of Exchequer: The Honourable Sir JOHN HEATH , Knt. one of the Justices of his Majesty's Court of Common Pleas: Sir JOHN WILLIAM ROSE , Knt. Serjeant at Law, Recorder of the said City; and others His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX. First London Jury. Benjamin Gibson Thomas Warrington Richard Pugh William Hackett Thomas Fenton Philip Bond Henry Arbuthnot Richard Burrow Thomas Donaldson John Craig John Pickering James Blinkensoff Second London Jury. Benjamin Gibson Thomas Warrington Richard Pugh William Hackett Thomas Fenton Philip Bond John Craig James Blinkensoff William Marthew Robert Sparkes Swinton Jarvis Francis Batterson First Middlesex Jury. Thomas Gerrard Lucius Punderson Ralph Morris Peter Clunn James Gibson John Mashiter James Stuart George Howard John Skiryin James Collingridge John Morley Joseph Flint Second Middlesex Jury. William Cheek Thomas Mills Richard Davis Tho. Whitworth Charles Ashby James Dalton John Parker John Musgrove James Triggs John Whitworth Edward Scott Richard Snewell 471. JOHN SKOWIN and GEORGE DAVIS were indicted for feloniously stealing, on the 15th of September , a bushel of flour, value 14s. the goods of Michael Shears . MICHAEL SHEARS sworn. I am a baker in Goswell-street, Clerkenwell ; the men were both my servants, journeymen . Q. Did they work by the week? - Yes. I caught John Skowin with the sack on his back; it was not a whole sack of flour, there was about a bushel in the sack, worth about fourteen shillings; I see him bring it out on the 15th of September, about one o'clock in the morning; he brought it out of my bakehouse; I caught him with it in Bridewell walk; I see him bring it up the steps out of the bakehouse. Q. How far did you let him go before you took him? - No further than I could cotch him; and when I laid hold of him he dropped the sack off his back. Q. How far was he from your door when he dropped it off his back? - It might be about fifty yards; that was the outside. Q. Did you say any thing to him when you laid hold of him? - Yes, I called him a bad fellow, and told him I thought he would not have done the like; not only that, but I told him I thought it was not the first time; the answer that he made was, he hoped that I would let him go; and begged that, I would. I called out which I for a considerable time before the watchman came up; the patrol came up first, and I gave him in charge of the patrol; and afterwards the watchman came up, and I lifted the flour on the watchman's back, and he carried it to the watch-house. Q. Who has kept the flour ever since? - I have in the sack. The sack belongs to the miller; but I have the papers when the flour was delivered in to me from the factor. I had two parcels, and I know the sack was delivered into my bakehouse in one of the parcels, by the papers, but I cannot say in which load. The sack is here, and the flour is in the sack. Q. When had you last seen the sack in your bakehouse - I see it that day before I went out. It has the same mark as on the paper, T. S. Q. Now all this, I understand, to have been proved against one of the prisoners, Skowin; what have you to say against the other, George Davis ? - No more than I see him look out of a broken pane of glass two or three times before the man brought the flour out, and he shut the door directly after him. Q. Then all that you can say is, that Davis was in the bakehouse at the time? - Yes. Mr. Alley. You say that these sacks were marked by the miller's mark, that miller serves a great many other bakers, as well as you? - He does. Q. Have you any body concerned with you in your business? - Nobody in the world. Q. You usually work at night? - Yes. Q. Therefore there is nothing uncommon in a man's being in a bakehouse at night; his business calls him there? - It does. Court. Had you given him any orders to carry out any flour to any place that night? - No, I had not. DOROTHY PARNELL sworn. I live opposite to Mr. Shears; I see the man, George Skowin, come out of the bakehouse with the flour on his back, about one o'clock in the morning. Q. What did he do with it? - I don't know; I never went out of my house. I heard the cry of watch! and I sprang my rattle. I see George Davis shut the door after him. Q. When did Davis shut the door? - The moment the man came out with the flour. Q. Are you a married woman or a widow woman? - A married woman. Q. What is your husband? - He is a gentleman. Mr. Alley. This was at one o'clock at night you say? - Yes. Q. And after you heard the rattles spring you came to the window? - I sprung the rattle myself. Q. What width is the street? - A very narrow street. Q. What pair of stairs were you in? - In the one pair of stairs. Q. Do you mean to say that that was the prisoner that you see across the street? - I see him very clearly by the light of the bakehouse, and by the light of the lamps. I can swear that that was the man. Mr. Alley to Prosecutor. I believe after the prisoner Skowin was apprehended the other prisoner was in your service? - Yes, he was. Q. And he, by your direction, attended at the magistrate's after the other was in custody? - Yes, he did. Q. He knew the other was charged with this offence, and yet he attended at the magistrate's? - He did.(The flour and sack produced and deposed to.) Prisoner Skewin. I leave it to my counsel. Prisoner Davis. I know no more of it than a child unborn, of his going out at all. The prisoner Skowin called four witnesses. and the prisoner Davis called four witnesses, who gave them both good characters. John Skowin , GUILTY . (Aged 36.) Transported for seven years . George Davis , Not GUILTY . Tried by the first Middlesex, Jury before Mr. RECORDER. 472. PETER CATAPODI was indicted for that he, on the 5th of August , feloniously did falsely make, forge, and counterfeit, and did cause to be falsely made, forged, and counterfeited, and did willingly act and assist in falsely making, forging, and counterfeiting a certain paper writing, purporting to be a promissory note for the payment of money, with the name of J. Sanders there to subscribed, purporting to be drawn by J. Sanders, at Plymouth, the 2d of June 1795, for payment to the bearer on demand, at Plymouth aforesaid, or at Messrs. Hankey, Chaplin, Hall, and Hankey, banker s, London, the sum of five guineas, value received, with intention to defraud Joseph Chaplin Hankey , Esq. Stephen Hall , Esq. Robert Hankey , Esq. Richard Hankey , Esq. Robert Augustus Hankey , Esq. and George Garthum , Esq . A Second COUNT for uttering a like forged note, with the same intention.(The indictment opened by Mr. Knapp, and the case by Mr. Const.) PATRICK BLAKE sworn. Q. What are you? - When I am not employed in the public service; I am engaged with Mr. Walker, an upholsterer, in Covent Garden. Q. What do you mean by being employed in the public service? - I am employed sometimes to apprehend people for different misdemeanors. Q. Do you mean in the bill way? - Yes, that and some other ways. Q. You was employed by the association of bankers on this occasion? - Yes, by the solicitor. Q. How long have you known Catapodi? - About three years. Q. Will you tell us what you know about the five guinea note that is the subject of this charge? - When Mr. Catapodi was taken into custody about the 13th of July, to New Prison Clerkenwell, I there waited on him. Q. That was not for this offence? - That was the beginning of it. Q. Come immediately to the subject of these five guinea notes? - The first note he gave me was in the prison. Q. When did he give you that? - I believe it might be about the 13th of August. It was a blank note; he gave it me to negotiate, and at the same time gave me a list of names which the solicitor of the bankers had given about, and he marked with a pencil those that I was not to go near. Q. What was the amount of that note? - It was a five pound. Q. Do you recollect on what banker it was drawn? - No, I do not recollect; I believe it was on Sir Robert Herries or Meslis. Hankey.(A note shewn him.) Q. Tell us whether that was the note that he gave you? - This is the first note, I know it by the tare at the bottom of it. Q. That is on Sir Robert Herries , that was not signed at the time, nor is it signed now? - No, I was to sign it, or get it signed, and he gave me a list of the shops that had been done; fearful I should go to those shops; I returned, and told him I could not do it, but I would get a friend to do it; he asked me who it was? I said it was a friend that meant to send them to Wales, and there they would be far distant from the town; that was my own idea to him, that he should not be urgent for the money immediately. The second note I had was in about two days after. Q. What was that note for? - It was for five guineas; I cannot say particularly that I should know the note again, because there was no mark, and there was so many of them. Q. Look at that note. (A note shewn him) - I am pretty positive, I would not swear, but I am pretty sure it is. This is a note on Messrs. Hankeys for five guineas. Q. Which ever was the note, did you give the same note to Mr. Whittard and Mr. Winbolt? - I gave them first to Mr. Ellison, Mr. Ellison viewing the stamp to be forged, sent me to Mr. Escourt and Whittard, solicitors for the Stamp office, and clerk in the Stamp office. When he gave me the second note, he told me that as soon as he could raise fifty pounds, he would have a plate to work the Bank of England. I took this second one likewise to Mr. Ellison, Mr. Ellison viewed that likewise; but mentioning the Bank of England, I thought it my duty to go to Mr. Winter, the solicitor for the Bank, I went to him to shew him this second note, the five guinea note, as soon as I shewed it to Mr. Winter I took it to Mr. Escourt and Whittard, and there Mr. Ellison met me; then Mr. Whittard gave me some money; I then went to the prison, and I gave Mr. Catipodi some money. Q. How much did he give you? - He gave me four guineas. Q. What did you do when you came to Mr. Catipodi? - I took him some money and provisions. Q. How much money did you give him? - I cannot absolutely say the sum. When this was over, which was the conclusion of the week, he came up to Bow-street, and was dismissed; I took the two notes from Mr. Whittard to Mr. Winbolt. Q. Were the same that you delivered to Mr. Winbolt afterwards, the same as you describe to have given Mr. Whittard before? - Yes, the very same; then a very few days elapsed before he was discharged, he was discharged the 20th of July; then there were various appointments between Mr. Catipodi and me till the 8th of August; there were people who were negociating these bills, and we sometimes met them in St. James's Park, sometimes in one place and sometimes in another. But however on the 5th of August he gave me the bill in question, which is the subject of the present indictment, he gave it me in the avenue, or lane, leading from his garden door in Frog-lane, or Frogmore-lane, I slington; he then gave me the bill signed, I. Sanders, and he made an observation that he wished the ink had been different, he said it was not so well as if the two inks had been different, the writing of the entering clerk and the signature of the bill. Q. Did he tell you what you was to do with this note? - To negociate it, and to make all the haste possible to do it. Previous to this we agreed to go to Southampton, and all the coasts about, as soon as we could raise as much money as we could travel genteelly down; I offered to go with him as an attendant, but there were two or three to go with him as occomplices; this was in the afternoon, between four and five o'clock. I could not see Mr. Ellison at his office that evening, immediately I waited on him at his house in Sloan-place, Chelsea; he likewise viewed this not to be quite perfect; I went to Mr. Whittard, and Mr. Whittard took a good impression of the stamp, and compared them, and said this is not a forgery. Q. Meaning not a forged stamp? - Yes. Immediately I went to Mr. Winbolt, the solicitor for the Bank of England. I am sure this is the note, I marked. Q. You say you gave this note to Mr. Winbolt? - I did, I told Mr. Winbolt that he was very urgent for money, and I must take him something, and Mr. Winbolt gave me a guinea; it was then towards the evening, and the next day, as Mr. Catipodi met his accomplices down at the parade at St James's, the Horse Guards, at eleven o'clock, which was the usual hour of exercising, there I met Catipodi as usual, then I gave him four shillings out of the guinea; he had some other people whom he expected money of, he did expect money of three different people I believe; he complained very much that the people who had his bills did not come forward as they ought to do with the money for the bills that he gave them, and he threatened to impeach some of them.(The bill read by the clerk of the court.) "No. 5094. 5l. 5s. Plymouth, June 2d 1795. I promise to pay to the bearer on demand, here or at Messrs. Hankey, Chaplain, Hall, and Hankey, bankers, London, five guineas, value received. Five guineas. I. Sanders." Entered A. Clarkson. Mr. Alley. I take it for granted that as you are on your oath, what you have told to day is true? - Every word is true. Q. You have told us that you were employed by Mr. Winbolt, on your oath were you? - I have been so far employed by Mr. Winbolt, that I have done Mr. Winbolt and his client service, and Mr. Winbolt paid me for it; Mr. Ellison recommended me to Mr. Winbolt; I was employed by both so far. Q. Then I suppose if Mr. Winbolt should swear that he did not employ you, he is guilty of perjury; do you mean to swear on your oath that you was employed by him? - I will not say that Mr. Winbolt ever sent for me, I cannot say that I was employed under Mr. Winbolt by any means. Q. Let me ask you what you meant by being employed in the service of the public, and that that was the way you got your livelihood? - No, far from it; I have told you the truth. Q. What is this public service? - It is a public service that I must not mention. Q. In plain English are you not acting as a common informer? - No, never was in that kind of way in my life. Court. He is not bound to answer that question. Q. You have told us that you gave two blank notes to Mr. Winbolt, when was it you gave him them? - The first was I believe in July, about the 19th. Q. How long is it since this note in question was given Mr. Winbolt? - On the 5th of August. Q. Then Mr. Winbolt had the intervening time from the 19th of July to the 5th of August, to enquire into these notes? - He did not think any thing at all of these notes; M. Winbolt knew his practices for some time. Q. Did not you represent it to Mr. Winbolt as a bank note? - I thought it was my duty, I had no occasion of making any representation of it. Q. Did not you first enquire of Mr. Ellison whether the stamp was a good one or a bad one? - I did not enquire any thing at all of Mr. Ellison, but whether it was a forged note or not. Q. Who desired you to do that? - Mr. Whittard and Mr. Escourt. Q. On that occasion did Mr. Winbolt know of your having been at the Stamp office? - I told him when I gave him the note that I had been, and the stamp was not forged; Mr. Winbolt looked at it, and I said I must take Mr. Catipodi some money, and he gave me a guinea. Q. Now Mr. Patrick Blake , how much money did you receive of Mr. Whittard? - Mr. Whittard gave me four guineas. Q. Did not you get these four guineas as a reward to encourage you to go forward? - Upon my word it was not; part I gave to Catipodi and part I kept. Q. How much did you give him? - I cannot tell, as I am on my oath. Q. But you shall tell. Did you give the half? - I cannot say. Q. Did you give him the fourth? - Upon my word I cannot tell. Q. Did you give him a guinea? - It may be more or it may be less. Q. Did you give him as much as five shillings? - Yes, a vast deal; or three times five. Q. At the time Mr. Winbolt gave you a guinea on this last note, what did Mr. Winbolt say to you? - Mr. Winbolt seemed in a hurry, and there was no conversation at all about it. Q. How long was the note in Mr. Winbolt's hands before he gave you the guinea? - It was not five minutes, because he was in a hurry, going out. Q. You represented to Mr. Winbolt what you wanted the money for? - Certainly. Q. How long have you lived in London? - Above sixteen years. Q. Have you continued in London during that time? - Yes, except such time as I was clerk to Sir Paul - , down at Boxley Abbey. Q. How long is it since you were at Dublin? I believe you are an Irishman? - About nineteen years. Q. Do you mean to swear that you have never been in Dublin these nineteen years? - I will swear it. Q. Then if any body shall say that you was concerned in the robbery on the lottery wheel there, then they will swear that that is false? - Indeed they will. Q. In this town have you ever employed yourself as giving bail for several persons, and receiving money for so doing? Court. You cannot answer such questions. Mr. Alley. Have you ever given bail for the prisoner and his son? - I did, about three years ago. CHARLES STEVENS sworn. Q. You are clerk to Messrs. Hankeys? - I am. Q. What is the firm of your house? - Joseph Chaplain Hankey , Stephen Hall, Robert Hankey , Richard Hankey, Augustus Robert Hankey , and George Garthum . Q. Will you look at that bill; the signature is I. Sanders. Have you any person who keeps cash at your house? - Not residing at Plymouth, we have no correspondent at Plymouth. Mr. Alley. Is the firm of your house exactly described on that bill? - Not exactly. Q. Tell us the variance? - On that bill it is Messrs. Hankey, Chaplin, Hall, and Hankey. Mr. Const. I believe I need not ask you if there are any other Hankeys in England? - None. CLEMENTSON WOOLLEY sworn. Q. I believe you have been at Plymouth, from whence this note is dated? - Yes, I am clerk to Mr. Winbolt, solicitor for the association. Q. You went to Plymouth; did you take every pains that occurred to you to find out such a person as I. Sanders? - I did. Q. Did you find out any one person of the name? - I did not. Q. Either mercantile house, banking houses, or any other? - There are only two banking houses there. Q. Did you go to the collectors of the taxes? - I did, I searched the parish books, I went to the post office, &c. and could not find such a person. JAMES WINBOLT sworn. Q. You are the solicitor for the association of bankers of London and Westminster. Do you remember Mr. Blake coming to you on the latter end of July? - Yes, he did; on the 25th of July he brought me these two blank notes; I told him I thought they were of no consequence, but desired him to leave them with me. Q. Did you afterwards see him? - On the 6th of August he came to me, and brought me this note that is stated in the indictment, he told me it was given to him by the prisoner at the bar, to negociate. Q. He produced it to you and left it? - He did, I asked him to leave it, and he said he would, he said that Catipodi would expect something, I gave him a guinea; the note I have had in my custody ever since. - WHITTARD sworn. Q. I believe you are in the Solicitor's office, in the department of stamps. I only want to know whether you was privy to these circumstances which have been mentioned by Blake? - I was. Mr. Alley to Winbolt. At the time you gave the money you knew the bill was forged? - I expected it was. Q. You did not give it him in fair negociation? - I did not. Mr. Const to Whittard. Did you examine the stamps on his producing the bills to you? - I did. Q. Do you know whether Mr. Ellison was privy to these transactions? - He was. Mr. Alley submitted to the court, that in this case, the evidence went no further than having this forged note in his possession, but not of his forging or uttering, with an intent to defraud. Court. That is the question which the jury have to decide; if a man merely forges a note, and takes no steps on that note; there is no evidence of his intention to defraud, but if he takes any steps on that note; then there is evidence to go to a jury, for to decide whether he meant to defraud or no. Prisoner. My lord, and gentlemen of the jury, the only evidence that has been adduced against me in this prosecution is, Patrick Blake ; my lord must permit me to observe to the gentlemen of the jury, that it is the testimony of a man that has been well known to be guilty of every species of perjury and fraud; and it is not justice that has impelled him to this prosecution; no, his corrupt heart is destitute of every honest sentiment, and he is induced to this prosecution by hopes of a reward, which he is promised if he can prevail on you to pronounce me guilty; under these hopes he comes into this honourable court, and endeavours by falshood to mislead your judgment, and under the mask of justice he endeavours to rob me of my existence. Painful as my situation is, I feel a singular satisfaction that I am tried in this tribunal, and under your lordship's direction I leave my cause; I have no witnesses, I thought Blake's character was sufficiently notorious to be known by some of the jury, or some of the gentlemen in this court. Not GUILTY . Tried by the first Middlesex Jury before Mr. Justice HEATH. 473. HENRY HART was indicted for burglariously breaking and entering the dwelling house of George Overton , about the hour of nine in the night, of the 29th of July , and burglariously stealing therein, a silver pepper box, value 10s. a silver cream pot, value 10s. a silver table spoon, value 10s. a silver punch ladle value 5s and a pair of stone knee buckles set in silver, value 8s. the goods of the said George Overton . GEORGE OVERTON sworn. I keep the Fountain, in Broad-street, Carnaby-market . Q. Was your house broke open in July last? - Yes, between eight and nine in the evening, the 29th of July, I believe. Q. Were you at home? - Yes. Q. Did you see any thing that passed? - No, not till the prisoner was taken. Q. When was he taken? - Between eight and nine. There was nothing found on him. Q. What did you lose? - The things mentioned in the indictment. I cannot say to the value of them. Mr. Knowlys. At this time could you distinguish the features of any man's face that was close to you? - Yes, it was just between the lights. Q. There was day light enough to distinguish a man's face? - Yes, there was. Q. I believe you had not seen any of these things for a long time? - I had not seen them that day, but to the best of my knowledge I had the day before. I cannot swear to the property being exactly there at that time. Q. I believe you had suspicions of some persons in your house before that time? - I have at different times missed some small articles. Q. I believe this person came to your house and enquired for a man, a lodger of yours? - He enquired for somebody; there was a person of that name that had lodged in the house some time back. ISAAC KEENE sworn. I am a cabinet-maker; I was standing at Mr. Overton's door, and my wife come to me and said, there is a than in a light coloured coat gone up stairs; and I said, if he is gone to me he will soon be down, I hope you have locked the door. I lodge in the house. Afterwards a woman came for some shavings, and my wife went up stairs to give her some. I had suspicion, seeing three men about the house, and I went up stairs and went to Mr. Overton's bed room, and went to open it, and found it pulled against me, after that I tried it again, and could not stir it; after that I asked my wife for the light, which she had in her hand; she said, no, let me light the woman down stairs; after that when my wife was gone down stairs, this Henry Hart opened the door to peep, and I caught hold of him by the collar, and never loosed him till the constable came, and he was searched. Q. What was found on him? - Nothing but a knife with a long pick to it, and a bunch of keys. When I had hold of him there was a man came out behind him, and gave me a violent blow, so that I could not speak; I cannot say who he was; he got away from me. ELIZABETH KEENE sworn. I went to fetch a pint of milk, and coming up again with it, and then going down again, Mr. Overton came out of his bed room and double locked his door, and I went down and followed him with a light, and when I got to the door I went to the street door, and Henry Hart came to the bar and called for a glass of liquor; he changed something for the liquor, and put the change into his right hand waistcoat pocket; I stood between the two doors; I see him go out of the front door and go to the back door, and go up stairs; I said to my husband, there is a man gone up stairs in a white coat. A woman came for some chips; I went up stairs with the woman, and when I went to the slight of stairs I see Mr. Overton's door move; I went into my own room and gave her some shavings, I was telling this woman to go to my husband; I see the door move again. Q. Did you see the man come out of the room? - Yes, I did; he did not come out quite before my husband took him. Q. Did you see him searched? - Yes. Q. Did you see any thing found on him? - Yes, a picker with a knife to it, and a large key. Mr. Knowlys. You see a knife which opened at the back with a picker, which every body carries with him who go on horse back? - It was such a knife as had a picker to it. WILLIAM PATRICK sworn. I was a constable at that time that Henry Hart was taken prisoner. Q. Had you the prisoner in custody in Mr. Overton's house? - I had. Q. Did you search him? - I did; I found a knife with a picker to it, and a key; the picker may be to pick out a stone out of a horse shoe, or any thing of that sort; and a metal watch, which I returned to him. Q. You found none of this property? - None at all. I took him to St. James's watch-house. Not GUILTY . Tried by the first Middlesex Jury before Mr. Baron HOTHAM. 474. JAMES WATSON was indicted for feloniously stealing, privately from the person of Michael Macnamara , on the 10th of August , a leather pocket book, value 10d. a pair of scissars, value 2d. a knife, value 6d. a pencil, value 2d. and a bank note, value 10l. the goods of the said Michael Macnamara . No Evidence. ACQUITTED . 475. REBECCA CLEMENTS was indicted for feloniously stealing, on the 1st of November , two linen sheets, value 5s. two woollen blankets, value 2s. a flat iron, value 6d. and an iron key, value 1d. the goods of George Cobb . GEORGE COBB sworn. Q. Are you a house keeper? - Yes, in Twisters alley, Bunhill row . Q. Do you know the prisoner at the bar? - Yes. Q. Did you let lodgings to her? - Yes, I did, about the 18th of last October. Q. Were they furnished lodgings? - Yes. Q. How long did she continue in your lodgings before you missed any thing? - Almost three weeks. I then missed one pair of linen sheets, two woollen blankets, a flat iron, and the key of the door she took with her. Q. When you missed them, had she left the lodgings? - Yes, I believe she had, about a day. Q. Were these things part of the furniture let with the lodgings? - Yes, she had the use of them. Q. How soon afterwards did you see her? - Nine months had elapsed before I happened to see her. Q. Have you the things here? - No; she denies to be the person, and I have witnesses to prove that she is the same. Prisoner. I never was in the man's house in my life. ELIZABETH WHITE sworn. Q. Do you remember the prisoner at the bar in October last? - Yes; she was in this gentleman's lodgings. Q. Did you know her before she took the lodgings? - No. Prisoner. My name is Rebecca Appleton ; I never lived in that place or house, nor never see him till the 11th day of August last, when he stopped me in Whitecross-street and told me that I was the person that robbed him; I desired him not to ill treat me; and went into a public house, and he charged a constable with me, and had me before authority, and then said he would bring a woman that knew me, which he did, and that woman declared that I was not the person. Court to White. Did you say that you did not know her when you see her? - I knew her immediately. STEPHEN EGLETON sworn. I lodged with the prosecutor. Q. Do you remember the prisoner? - I do. Q. Do you remember her occupying these lodgings? - I do. I am positive to her person. Prisoner. My witnesses are not here now; they were here last session. MARY EGLETON sworn. Q. Do you remember the prisoner at the bar? - I do. The prosecutor is my father. Q. Did the prisoner occupy your father's lodgings? - She did; and I had a mother on a sick bed at the time, and I was the person that let her in; my mother is now dead. GUILTY . (Aged 43.) Imprisoned one year in the House of Correction , and fined 1s . Tried by the first Middlesex Jury before Mr. Justice HEATH. 476. HANNAH HADLEY was indicted for feloniously stealing, on the 18th of October , a guinea; the money of James Vernon , privately from his person . JAMES VERNON sworn. I am a turner ; I lost a guinea, the 18th of this month, between the hours of twelve and one in the morning, in a little court in Wych-street ; I had got some company to sup with me, and I went to see them home; coming back again I met with this here woman, she laid hold of me and brought me down a court, and was pulling me about, and I bethought myself of having a guinea in my pocket, I put my hand into my pocket and felt it; turning myself about to leave her I put my hand into my pocket again, thinking whether she might not take it, and I missed it. Q. How long might you have been together? - It was instantly. I tells her, you have taken the guinea from me; with that I charged the watch with her; I took her to the watch-house and she was searched, and the guinea was found about her. Q. Were you present when it was found? - Yes. It appeared to be mine, very much like it, an old guinea. Q. Any thing particular about it? - No. On Monday morning I went to the Brown Bear , and she and the men belonging to her were there, and some more belonging to them, and they were tampering with me, and wanted me to make it up, and I said, I know nothing about it, I only want my guinea that was lost; they said they would pay me part directly, and said, here is four shillings. I being ignorant of any thing of the king, unfortunately took up the four shillings; and the constable came and said, we must go over to the justice immediately. When I came back again I presented the four shillings to him, and he said he would not take it back again by any means. Prisoner. Did not you lay hold of me in Wych-street? - Not to my knowledge. Prisoner. The gentleman stopped me in Wych-street his own self, and he seemed to be a little in liquor, and I said I had rather go about my business, and he said he would give a shilling to get me a supper if I would go along with him. Prosecutor. I had been drinking rather more than common, which might take an effect of my head, but still I was sensible of what I did. ROBERT GASTRELL sworn. I am the constable of the night; the prisoner was brought to the watch-house by two watchmen. Q. Did you search her? - I did. The prosecutor was very violent in his charge, persisting that she had got a guinea from him. I made a search as far as decency would permit, and I could not find any thing. He then exclaimed violently that then she had gorged it; I thought he meant she had swallowed it; I said, if she has swallowed it you must not expect to have it; he said, perhaps she has put it in another place; and I said, you may search her, I will not; and he did; he said, it is here, and pulled it out. When he presumed to search her there, she says, why you have been there before. Prisoner. That gentleman put his hand into his pocket and gave me a guinea or a shilling, I don't know what it was, and he said he had given a guinea, and he would have it back; I said, I could not give him back; I said, I could not give him back what he had given me; and then he said he would give charge of me for robbing him of a guinea. I have witnesses of the four shillings that he received. Not GUILTY . Tried by the first Middlesex Jury before Mr. Baron HOTHAM. 477. JOHN HARRIS was indicted for feloniously stealing in the dwelling house of George Fox , on the 23d of September , a bank note, value 15l. and another bank note, value 10l. the property of the said George Fox . GEORGE FOX sworn. Q. Did you lose any bank notes from your house? - Yes, a ten pound and a fifteen pound notes; they were in my fob pocket on the 23d of September, in the morning, I lost them out of my fob pocket; the prisoner lived servant along with me about five or six weeks; I am not positive he took them out; I took them the night before, one of Captain Edwin and the other of Mr. Wallis. I have not seen them since. Q. How came you to lose them out of your fob? - It was very early in the morning. Q. Were you up or in bed? - Up. I got up very early in the morning to do my business, and while I was up the button came off my small clothes, so I went up stairs and changed them, and took them down stairs to the servant maid to put a button on them; and I called her before she put the button on, and she left them by the fire screen while she came up to me. I don't know that of my own knowledge. MARY HAMILTON sworn. Q. You are a servant to the prosecutor? - Yes. Q. Do you remember sewing a button on? - Yes, on the 23d of September last. Q. Who gave you the breeches, your master? - Yes. Q. Did you put them out of your hand before you returned them? - Yes; my master called me up stairs, and I left the breeches on the fire screen, and then I went down again and sewed the other button on. Q. Did you observe the fob? - I did not think any thing about it. Q. Was the prisoner at the bar in the room? - Yes, he was. Q. Any body else? - Yes, Captain Edwin, and Francis Hyson , a soldier, in the kitchen. FRANCIS HYSON sworn. Q. Were you in the kitchen at this time, when these breeches were there on the 23d of September last? - Yes. When I came into the kitchen, Mary Hamilton had the breeches in her hand, and her master called her, and she left the breeches on the fire screen; I see a button lay, and I took the breeches up and put the button into the fob, and I observed something, and said to John Harris , there is something in there, and he took them by the knee and shook them, and turned his back to me, directly he pulled the breeches close to him; he then laid them on the screen and went down into the cellar. Q. Did you observe what it was in the fob? - No; I observed there was some thing, some papers, but what it was I did not know. Q. To Hamilton. How soon afterwards was it that you carried up the breeches to your master? - I never left them after I put the button on, I carried them up immediately. Q. To Prosecutor. How soon was it afterwards that you missed your notes? - About a couple of hours, the same morning; I put the breeches on, and went to feel for the notes, and found the fob sewed up, by sewing the button on, and I cut it open, and found the notes gone. I have a very good opinion of the prisoner. Prisoner. I never knew any thing of them. I was only taking down a pair of shoes from the shelf to clean, for Mr. Fox's son, which he asked me for, and I took the breeches in my hand, and I said, master Tom, I will ask your dadda for these breeches, he will hardly wear them again, they are all broke at the knee; and somebody called for a pint of beer, and I went down to draw it. Court to Prosecutor. When had you last seen your notes? - I put them in my pocket the night before, and found them in my pocket when I got up. Q. Had you any other paper in your breeches? - None. I have enquired into his character, and I find he has a very excellent one. Not GUILTY . Tried by the first Middlesex Jury before Mr. Justice HEATH. 478. WILLIAM LUCKEN OYENS , and DAVID COLSON, otherwise GEORGE CHESHAM were indicted for burglariously breaking and and entering the dwelling house of Daniel Chase , about the hour of three in the night, on the 16th of September , and burglariously stealing therein, fourteen pair of mens leather shoes, value 3l. four pair of womens shoes, value 10s. a pair of red morocco half boots, value 4s. the goods of the said Daniel Chase . DANIEL CHASE sworn. I live at No. 13, Great East-street, Seven Dials . Q. Was your house broke open in September last? - Yes, the 16th, at night. I went to bed about eleven o'clock. Q. Did you leave any of your family up? - No. Q. You was the last in bed? - I believe I was. Q. What is your business? - A shoemaker . Q. Did you make your house fast yourself? - Yes. I heard nothing till the morning when I got up, about six o'clock, I found the shutters broke open and the windows broke, and the shoes taken out of the window. Q. Were the shutters in side or outside - Outside. Q. And the shoes were inside of the window? - Yes. Q. What quantity did you miss? -Fourteen pair of men's shoes, ten pair of childrens shoes, four pair of womens shoes, and two odd womens shoes, and one pair of morocco half boots. I found them all again in Mr. Dotchings's house the next morning. There was a woman that heard the window broke. JOHN DOTCHINGS sworn. I live in Bainbridge-street, St. Giles's, keep a chandler shop. On the 17th of September, about nine o'clock, I happened to have business in the two pair of stairs back room, with a lodger; one of these two prisoners, the tall one (Oyens) came out of the front room with a bundle in his hand, and another with him. Q. The other was not the other prisoner? - I don't know that; I cannot swear to him. There was a short man came out with a bundle under his arm, and he and the short man seeing me he ran off and made his escape over some rails, and he dropped the bundle, and I picked up the bundle which contained the shoes. Q. Did you secure either of these two men at that time? - No, I did not. Q. How soon after were they taken; - It was some time after. Colson was taken first, and I could not swear to him, but Ovens I am certain of. Prisoner Oyens. Can you swear that you saw me get over the pales - I can. Prisoner Oyens. I can swear that I was on the stairs, and can prove what I did on the stairs. JOHN LANE sworn. Q. You are the constable? - Yes. Q. Who delivered these shoes to you? - When I first see them they were at Mr. Dotchings's house.(Produced.) Prosecutor. The shoes are all mine. Q. To Datchings. Are those the shoes that you picked up? - To the best of my knowledge they are. There is a pair of half boots that I wrote my name in. HENRY CROKER sworn. I know nothing of the robbery; I had an information that this Oyens was the person; he was brought up to Bow-street for another offence. I took him afterwards to Marlborough-street, and there the people came forward and swore to him. Prisoner Oyens. That morning I went up to speak to one Sal Mitchel , and I saw a man in concern with this girl, and so I came down again. The prosecutor lets out rooms to girl of the town; and this gentleman followed me. Not GUILTY . Tried by the first Middlesex Jury before Mr. Baron HOTHAM. 472. NATHANIEL VICKERS was indicted for feloniously stealing, on the 5th of October , fifty nine yards of silk ribbon, value 15s. the goods of James Church , privily from his shop . JAMES CHURCH sworn. I was not in the shop when this affair happened. SARAH CHURCH sworn. Q. Does your husband keep a shop? - I keep the shop in Whitechapel , a haberdasher's. Q. Do you know the prisoner at the bar? - Yes. Q. Do you remember his coming to the shop? - I was not in the shop when he came in; I was called down; I was up stairs, I was called down stairs by Louisa Bennett , and when I came down she had hold of the prisoner. LOUISA BENNETT sworn. Q. You was in the shop? - Yes. Q. Do you belong to the shop? - I live with Mrs. Church. Q. Do you take care of the shop? - Yes. Q. Do you remember the prisoner at the bar coming in at any time? - Yes. Q. When was it? - The fifth of October. Q. What did he say his errand was? -He came in to buy some ribbons. Q. Did you shew him some ribbons? - Yes. Q. How many parcels did he look at? - I shewed him one drawer full; I was serving him some ribbon; I was going to cut him off three yards, and I looked at him, and he had a blue sash ribbon in his hand, he was rolling of it up in a silk handkerchief that he had in his hand. Q. He did not do that privately; you see him? - I see him. Q. It was directly full in your face? - It was. I told him he had a blue sash ribbon in his hand; he said it had just caught hold of his finger nail; I told him if he had got that he had got more; and he turned away from the counter to go away; he put the blue sash ribbon down. I ran and caught hold of him. Q. Did you stop him? - Yes. Q. Did you call any body to your assistance? - Yes. Q. Was he searched in your presence? - Yes. Q. What was found on him? - Three rolls of ribbon. Q. You did not see him take the three rolls? - No. Q. Did he say how he came by them? What account did he give of them? - He did not deny that he took them. Q. Who was in the shop besides you? - Nobody. GEORGE REBELLE sworn. Q. Are you a servant to the prosecutor? - No, I keep a broker's shop next door. Q. Did you hear the outcry? - Yes, I did, by the girl, and I took the prisoner just as he was on the step, outside of the door. Q. Did you search him? - I put my hand into his pocket and felt three pieces of ribbon, but did not take them from him. Q. Did you see him searched afterwards? - I was not present at the time; I went to take care of my own shop, but I felt three pieces of ribbon, as I supposed, in his left hand pocket. Q. To Mrs. Church. Did you see the prisoner searched? - I was called down, and the prisoner put his hand into his pocket and raised the pieces of ribbon up, and I took them out of his hand; he said that he had taken them, that it was the first time, and he would not do the like again. Q. Have you got them here? - Yes. Q. Are they your property? - Yes; they have my own marks. Q. What is the price of them? - The value of them is fifteen shillings, they cost me that. Prisoner. There was no mark on them. Court to Prosecutor. Is there your mark on the ribbon? - There is. GEORGE CUFF sworn. I am a dealer in coals; I have known the prisoner seven years; he has followed the sea since I knew him; after he came from sea, he came to me and I wanted a person to carry out coals; he has been with me within these five months; it is not above five months since he left me; he left me with an intent to better himself, to learn a business, an iron-plate worker; him and his master did not agree about being articled, and he went away from there, and what became of him afterwards I cannot say, until I heard from his mother that he was here in confinement. GUILTY . Death . (Aged 20.) Tried by the first Middlesex Jury before Mr. Justice HEATH. 479. LEWIS GOLDEN was indicted for feloniously stealing, on the 26th of September , a set of harrateen bed furniture, value 10s. 6d. the goods of William Hamilton , the elder , and William Hamilton , the younger . WILLIAM HAMILTON sworn. I am in business with my uncle, manufacturers of sal armoniac . Q. Did you lose any bed furniture? - Yes; green harrateens the set was not quite complete, there was a head piece wanting. Not GUILTY . Tried by the first Middlesex Jury before Mr. Baron HOTHAM. 480. ELIZABETH GRAY was indicted for feloniously stealing, on the 25th of September , five mens linen shirts, value 1l. 10s. five linen napkins, value 6d. a linen table cloth, value 3s. a black silk petticoat, value 1s. a linen pillow case, value 6d. a muslin handkerchief, value 6d. the goods of William Shaftoe , Esq . WILLIAM SHAFTOE sworn. Q. You lost some linen. Do you know when it was? - I came to the knowledge of the robbery by mere accident, by an advertisement in the paper, of things marked with my name being stopped. JOHN GOUGH sworn. The goods were brought to my shop to he pledged, the 25th of September. Q. Are you a pawnbroker? - I am. Q. Who brought the things? - The prisoner at the bar. She went with me From my shop to the office; I went with her and took the goods, a table cloth, five shirts, and five napkins, I believe. Q. Did she bring them as her own? - Yes. I had been out the same evening, I came home about seven o'clock; she was in the shop, my servant was asking her some questions concerning them being her property, and I came into the shop and asked her several questions myself; she said they were her own. Q. You stopped her? - I did. Then she said they belonged to her husband, and afterwards to her brother; I said she should go before a magistrate. (Produced.) Q. To Prosecutor. Had she lived in your service? - Yes, three months, as house maid; she had left it on the 25th of September, on that day; they have every appearance of being mine, I did not know that there were such things lost till I had seen the advertisement, and had seen the things. Mr. Knowlys. You only judge from the appearance that they were similar, to some that you have? - Yes. Q. I dare say being on your oath you will not say positively. I believe with respect to the woman at the bar, you had a very excellent character with her? - Yes, a very good one, and she behaved extremely well in my service. Q. I take it for granted you don't mark your linen yourself, it is done by somebody else. ANN TOPPING sworn. Q. You live with Mr. Shaftoe? - Yes. Q. Do you happen to know any of the things that are produced there? - Yes, they are my master's, I am perfectly sure. Q. What have you got in your hand, some more of the same? Mr. Knowlys. You would not know them without compairing them with something that you have brought with you? - Yes, by the name at full length. ROBERT COOMBES sworn. When the prisoner was brought to the office I searched her, and found these pair of silk stockings in her pocket. Q. To Topping. Are they your master's property? - They are. - sworn. Mr. Shaftoe applied to the office in consequence of an advertisement he saw in the newspapers; I went with him to Mr. Gough's, he see the things, and said they were his; he likewise said he should like to see the prisoner, I went with him to the prison, and he said it was a servant of his; I asked her where her boxes were? she said at the Pewter Platter, in Grace-church-street; we went there and searched the boxes, in sight of Mr. Shaftoe, and found there a black satin petticoat and pillow case, and one muslin handkerchief, and one large shawl, Mrs. Topping. They are all my master's. Q. To Prosecutor. You said you had a very good character with her; did you discharge her, or did she leave you? - I discharged her. The prisoner called eight witnesses who gave her a good character. GUILTY . (Aged 31.) Imprisoned six months in the House of Correction and fined 1s. Tried by the first Middlesex Jury before Mr. Baron HOTHAM. 481. WINNIFRED ARMKIN was indicted for feloniously stealing, on the 4th of October , a cotton window curtain, value 6s. a linen sheet, value 3s. a linen handkerchief, value 1s. five yards and a half of cotton, value 5s. a pair of plated candlesticks, value 7s. a linen waistcoat, value 3s. a pair of silver shoe buckles, value 6s. two pair of thread stockings, value 7s. a pair of cotton stockings, value 1s. a pair of silk stockings, value 1s. 6d. a linen shirt, value 3s. a linen sheet, value 8d. ditto, value 6d. ditto, value 3s. a pair of cotton stockings, value 2s. one other linen sheet, value 3s. 6d. ditto, value 3s. a set of cotton bed valances, value 8s. a silver tea spoon, value 1s. a cotton bed curtain, value 8s. ditto value 8s. ditto, value 8s. two others ditto, 6s. two yards of linen, value 1s. one other cotton bed curtain, value 7s. 6d. ditto, value 4s. a cotton curtain, value 4s. ditto, value 5s. ditto, value 5s. two others, value 4s. one other, value 3s. two linen table cloths, value 10s. a linen shirt, value 5s. a silver tea spoon, value 2s. a linen shirt, value 5s. a silver tea spoon, value 2s. two linen shirts, value 7s. ditto, value 6s. ditto, value 2s. a linnen table cloth, value 8s. ditto, value 2s. a linen napkin, value 2s, a pair of cotton stockings, value 2s. one other linen table cloth, value 8s. ditto, value 2s. a linen towel, value 6d. ditto, value 1s. 6d. a cotton curtain, value 1s. 6d. a pair of thread stockings, value 1s. another linen towel; value 1s. a linen waistcoat, value 1s. 6d. two linen table cloths, value 2s. 6d. ditto, value 3s. a cloth coat, value 9s. a linen shirt, value 5s. ditto, value 4s. a stuff manchester window curtain, value 6s. another linen shirt, value 4s. another linen sheet, value 3s. twenty yards of linen for sheets, value 10s. 6d. two pair of silk stockings, value 4s. a linen handkerchief, value 1s. a cotton curtain, value 1s. 6d. and another pair of linen sheets, value 6s. the goods of Ebenezer Brathwaite . THOMAS LAWRENCE sworn. I am an officer of the city of London; the prisoner was servant to Mr. Brathwaite; I took the prisoner into custody, and found part of the property on her, that belonged to Mr. Brathwaite, and she confessed to the robbery at the time that I apprehended her. EBENEZER BRATHWAITE sworn. Q. What servant was the prisoner? - A housekeeper , I keep a shop in Cheapside . Q. These articles in the indictment, were they missed at one time, or at different times? - I never missed them at all, except the spoons; when I missed the spoons I charged her with it, and gave her in charge with the constable. Q. Where was she when you found them on her? - She was in the kitchen, dressing some victuals for dinner; the officer, Lawrence, searched her in my presence, and I see the spoons drop from her; Lawrence took them into his possession. Q. When you missed the spoons did you send for Lawrence? - I went to my Lord Mayor, and he ordered Lawrence to come with me. Q. Was there any thing else that you missed? - Not then; but there was a bag with a matter of a hundred pawnbrokers duplicates, found on her, but only eighty concerned me. Q. How long had she been in your service? - About eight months. Q. Had you any character with her? - Yes, a written character. Q. Did you take her on that character? - Yes, but I have known her these twenty years, she was a mantua maker formerly. Prisoner. I did not pledge the things, but with an intent to take them out again, and part of the things are my own. Court to Lawrence. You went by desire of the Lord Mayor, to the house of Mr. Brathwaite? - Yes, I went with Mr. Brathwaite. Q. You was ordered to search her, I suppose? - Yes, and I did, I took these two silver tea spoons out of her pocket, and a single duplicate, which was hardly dry, a duplicate of a coat of Mr. Brathwaite's; while I was searching her she shoved about very much, and she dropped this bag of duplicates on my right to it, there is about a hundred of them. Q. Have you kept those duplicates ever since, and the two spoons? - Yes; as soon as I found these duplicates she confessed that they were all her master's property, or a great part of them, and that she meant to take them out of pawn, and begged his pardon. Q. Had you recommended her to do so? - No, I had not. Q. Had you told her it would be better for her to do it? - Not a word. Q. Have you traced any of the property? - Yes, the pawnbrokers are here, their duplicates answer to theft. Prisoner. At the time that the officer came to me, I was taking up my dinner; he has got two little boxes of mine, and my silver thimble, and at the same time he did not find the tickets in my pocket, he shook them out of my pocket. Lawrence. Those things were left at Mr. Brathwaite's, being of no consequence. Prisoner. He did not find any thing on me but the two tea spoons. HENRY BATT sworn. I produce seven different articles, which I took in of the prisoner, and three others that the apprentice took in; I took in on the 16th of April, a pair of buckles for six shillings; the 20th of May, a shirt and handkerchief for four shillings, the handkerchief is not Mr. Brathwaite's; on the 23d of May, a cotton window curtain for six shillings; and on the 17th of July a pocket handkerchief for a shilling; the 22d of August, a pair of plated candlesticks for seven shillings; the 11th of September a pair of stockings for eighteen-pence; the 3d of October three pair of stockings for two shillings; the other three articles I did not take in. Q. Have you ever looked among the duplicates to see whether there were any that coresponded with what the boy took in? - There are. Q. In whose hand writing are they? - In the boy's, I can swear to his hand writing. MATTHEW HOWGILL sworn. I am a pawnbroker's servant. Court to Batt. In the mean time see if I awrence can give you any duplicates, if he can give you any duplicates that correspond to all the property that she delivered herself to you. Q. To Howgill. What is it you produce? - Cotton bed curtains; I dare say there are a dozen; five sheets, eight shirts, three table cloths. Q. Were all the things that you produce pawned by the prisoner? - Yes; three silver tea spoons, two pair of stockings, a pillow, a bed valance. Q. You gave her duplicates? - Yes. Batt. I have found all seven duplicates in my hand writing, and the three of the lad's. Q. Now look at your's, Howgill? - These are them. Q. In whose hand writing are they, your's or your master's? - They are mine mostly. ANN CHARD sworn. I do not live in Mr. Brathwaite's family, my husband did. Q. Did you ever make any shirts for Mr. Brathwaite? - Yes, I can speak to more than one, I have worked for Mrs. Brathwaite for upwards of these twelve years; they are in general marked E.B. and I know my work, I know the bed curtains, the sheet, and table cloth. Court. I shall not call the other pawnbrokers, as nothing turns on the value of the things. Court to Prosecutor. I see here is a pair of candlesticks and a silver tea spoon, perhaps you can speak to them yourself? - I believe the candlesticks to be mine, the spoons are all marked. Prisoner. I do not know what to say, there is a great many of my own this is amongst them; I did not expect the bill would be filed against me, I thought every thing was settled this morning; I thought things were settled without coming here, or else if you please to give me time I can have plenty of witnesses to morrow. GUILTY . (Aged 21.) Transported for seven years . Tried by the London Jury before Mr. RECORDER. 482. JAMES GILLETT was indicted for feloniously stealing, on the 20th of October , one pound fifteen ounzes weight of sugar, value 10d. the goods of the East India Company .(The case opened by Mr. Knapp.) JAMES RICKMAN sworn. Q. You are a labourer employed in the companies warehouses? - Yes. Q. Do you know the defendant? - Yes, he was a labourer there. On the 20th of October, going through the warehouses, at the request of the elders, to intercept any felony of the kind; I discovered several bags of sugar cut open and plundered of a considerable quantity, accordingly I acquainted the elders of it, they desired me to watch, accordingly I did, on a pile of sugars, and I see the prisoner at the bar come to a bag, No. 848, and took the sugar out which I have in my possession; I then see him take it out of a bag, and put it into a handkerchief, he was then coming out of that warehouse, and going into another, and I followed him and caught him by the collar, and said, you have been thieving of sugar; I struggled with him for a minute, however I held him too fast, and he said if I would let him go he would give me any thing, I told him then as I had been employed on that business, if he had been my father I would not let him go; I kept fast hold of him, and took him to the counting house. Q. Who was in the counting house? - A Mr. Vaughan, an elder there; when I took him to the counting house I sent for a revenue officer to come and search him, but before the officer came to search the prisoner, he took the property out of his pocket, and he gave it into my hand. Q. Did he say any thing at the time that he gave it you? - He said it was the first time he was ever guilty of the like, and he did not know what the devil possessed him. He was then taken by the constable to the counter, and before the Lord Mayor. This is the same sugar that he gave me, tied up in his own handkerchief, inside of the paper; I cannot tell the value of the property, there has not been any sold under sixpence or eight pence a pound. Q. What is the quantity that is there? - One pound and fifteen ounces, I think. Q. You were present before my Lord Mayor, and he was committed? - I was; he pleaded when he was before the Lord Mayor, that he had got the gripes, and that he took it to sweeten a little beer with. Court. Was the examination taken in writing? - Yes, I think it was. Mr. Alley. You told this man when he asked you to let him go, that if he was your father you would not; you wanted to get a guinea? - I cannot say as to that, I believe the honourable East India company would reward every man according to their merits, I can say that this is the sixth man that I have taken, and been the cause of taking, and I have had but one guinea yet. Q. Is it not usual to give a guinea for every man that is apprehended? - At times it is. Q. Is it understood so amongst you? - I don't know, it is not understood so by me. Q. How long is it since you have had a sale of the East India company? - I think it was about three months. Q. Will you venture to swear that this sugar was not sold? - I will, nor never a bit of sugar in that cellar. Mr. Knapp. Whether there had been a sale there or not, are you sure that you see the prisoner at the bar take it out of the bag? - I am; and after it was lodged in the hands of the constable, I had the curiosity to weigh that bag, and it weighed eight pounds deficient of the landing weight. THOMAS ALLEN sworn. I am deputy elder of the warehouse; it is my duty to see that every man is at his station, and to take account of goods to prevent as much as possible any embezzlement; going round a corner I found a deal of plunder out of a bag, 848; I immediately went up to the counting house and mentioned it, it was there that we agreed to place a trusty person to watch, and Rickman was the person pitched upon. Q. Have you seen the sugar? - I have. Q. What did it weigh? - One pound fifteen ownccs; it was weighed at a grocer's near the warehouse. I compared it with the bag 848, and it appeared to be the same quality, and there was eight pounds efficient in that bag. Mr. Alley. Is it usual for these men to be searched when they are coming out? - They are. But this man was taken between three and four o'clock in the afternoon. Q. Did not this man say that he had picked up this property in this place? - I never heard it. Prisoner. The sugar laid all abroad, and I picked the sugar up to carry it to the counting house, and going through the warehouse the man stopped me, because the bag lay in such a state; the bag lay tore all to pieces almost. The prisoner called six witnesses who gave him very good character. GUILTY. (Aged 34.) Recommended to mercy by the jury on account of his good character . Imprisoned six months in Newgate and fined 1s. Tried by the London Jury before Mr. RECORDER. 483. SARAH DOWNE was indicted for feloniously stealing, on the 25th of October , three quart pawter pots, value 2s. and a pewter pint pot, value 6d. the goods of Richard Deeme . RICHARD DEEME sworn. I keep the Rainbow, in Fleet street . On Sunday night last, between five and six o'clock, the lad brought the prisoner back with the pots. Q. Were you at home? - Yes. Q. Was any thing brought back besides the woman? - Yes, three quarts and a pint pot. WILLIAM BENNET sworn. I am servant at the Rainbow. On Sunday evening, about half past five o'clock, I put them three pots the corner of Chancery-lane, while I went into a house, a patten shop, close by, and I went up two pair of stairs; whilst I was up, I heard the pots rattle, and when I came down I enquired for the pots; I was looking about for them, and a tall man came up, and I asked him if he knew any thing of them, and he said he saw a woman with them; says he, follow me; and I went with him up Bell-yard and across Clement's-lane. Q. Where did you first see her? - In Fleet-street. Q. Did you stop her? - Yes, and she had the pots under her apron; she laid the pots down and begged I would let her go; I told her I would not, I would take her to my master, and he might do as he liked; and as I came by Chancery lane she pointed to the place where she took them from. The pots have been locked up ever since.(Produced and deposed to.) Prisoner. I have no friends to speak for me, nobody at all; but many things that he has said is very false, many words. GUILTY . (Aged 29.) Imprisoned six months in Newgate , and fined 1s. Tried by the London Jury before Mr. RECORDER. 484. JOHN THOMAS and JOSEPH CLIFTON were indicted for feloniously stealing, on the 20th of October , a pound weight of lump sugar, value 1s. three pounds weight of ground sugar, called bastard sugar, value 2s. the goods of Joseph Stevenson and Nathaniel Fenn . WILLIAM LAMBERT sworn. Q. Do you live with Mr. Stevenson? - I did. Q. Who are the partners in the house? - Joseph Stevenson and Nathaniel Fenn, grocers and tea dealers . Q. Do you know of their having lost any sugar? - I don't know as to their having lost it, but of the porters intending to have taken it away. We had a little suspicion of them, and seeing some sugar hid in a tub, I thought I would watch, and I see the porters come and take some pieces out of a tub, the 20th of October, half past seven at night; I see John Thomas take some lumps of sugar out of the cask and put them underneath his waistcoat, in his bosom; and afterwards Joseph Clifton took a bag of sugar, the bag was in an empty cask, he put the bag of sugar underneath his frock; after that he altered it, not finding it right, clapping it down not to make it so very large; the one then said to the other, we had better break a lump of sugar that lays in the tub, because they could not carry it without being detected. Q. What were the two prisoners? - Two porters. Q. Where were you when you heard all this? - I was laid on a shelf in the lump room; they did not see me. As soon as they had done it, they came under the shelf where I was laid, and I came down and took hold of them both. This is the sugar; I see them take it. Q. That is the only ground for its being your master's? - It is so. Q. What sort of sugar do you call it? - About one pounds of lump sugar, and three pounds of bastard sugar or ground sugar. Mr. Knapp. I take it for granted the sugar is not in the same state as it was then? - The lump sugar is, but not the ground. Q. You told my lord that you was on the shelf, where was this shelf? - Over the door, about two yards and a half from the ground or thereabouts. Q. They could not see you? - I believe they did not see me. Q. There was not much light in the warehouse? - There was a candle about ten yards from where I was; that was the only candle in the warehouse. Q. Then you wish the jury to understand that you were almost three yards from the ground, and they did not see you, and you was able to see what past, and there was no candle within ten yards distance? - Exactly so. Q. You do not mean to swear to the sugar? - No, I do not. Q. The lump sugar has been put in paper by you since? - It has. Q. There is no sleeping partner in this house, is there? - No. It was Stevenson, Hewson, and Fenn, but Hewson is dead. Q. Do you mean to swear that there may be no other partner though he may not appear in the firm? - No, I cannot. NATHANIEL FENN sworn. I know nothing at all of the circumstance; but would with the witness should relate the circumstances of the bag that was found when he was stripped. The prisoner Thomas called two witnesses and the prisoner Cliston one, who gave them good characters. John Thomas , GUILTY . (Aged 27.) John Clifton, GUILTY. (Aged 38.) Imprisoned six months in Newgate , and fined 1s. Tried by the London Jury before Mr. Baron HOTHAM. 485. HENRY HESLING was indicted for feloniously stealing, on the 22d of September , forty-two case quart bottles filled with wine, value 2l. 10s. a green cloth table cover, value 4s. six linen knife cloths, value 1s. 6d. five pounds weight oi [Text unreadable in original.] candles, value 3s. the goods of Edward Railton .(The case opened by Mr. Raine.) EDWARD RAILTON sworn. Q. You are an hop merchant in the Borough ; when did the prisoner at the bar come into your service? - I believe the 15th of September, as my footman . Q. How long was he in your service? - A week. Q. In consequence of some information, which I must not hear from you, I believe you searched your cellar? - I did. Q. What did you miss? - I am not in the habit of going frequently to my collar, but my clerk did; but it was appartment that wine had been moved; I suppose I do not go into the cellar three times in a twelve-month. Court. Then if you had not received any information on the subject, you would not have found any thing miss in your cellar? - Not excepting I had gone in. Q. Then after going in, could you miss it? - Certainly I knew the quantity of wine that was put up, and what was consumed. Q. In consequence of this, did you go to the public office? - I did. Q. Was it the first time you went to the cellar, or the second that you particularly looked at the bricks? - The second time. He told me of it himself, or it was not perceivable. Q. What was produced at the public office when you found the prisoner in custody? - A green cloth. Q. How did you know that to be your's? - I bought it and paid for it; it is here. Q. In consequence of something that passed as to a confession, which we shall hear presently, did you examine your cellar a second time? - I did. Mr. Knapp. I understand that you had not been in your cellar for above three months before? - Really I cannot exactly say. I do not frequently go into the cellar. Q. The consumption, when you did go into the cellar, seemed to have been very great? - Much diminished. Q. Had you a servant before this man left your service? - Yes. Q. Did you go down into your cellar the week before, when the prisoner came into your service? - I did not. Q. You say this green cloth you bought it and paid for it? - I did. Q. That is a practice that we should expect you are in the habit of, of course. JOHN TAPLIN sworn. Q. On the 22d of september you apprehended the prisoner at the bar? - Yes, I did, in Petticoat-lane, Whitechapel, the right hand side, at No. 134; Thomas Burrows, he keeps a shop where people sell old bottles; on the prisoner I found eighteen bottles of wine. Q. Did he say any thing to you at the time that you took him? - Yes, he did. Mr. Knapp. You are going to tell us something that the prisoner said. You are an officer? - No, I am not; I was an officer. Q. What did you say to him before he said any thing to you? - Did not you tell him it would be better for him to confess and tell the truth? - Nothing like it. Q. Did not you tell him that you should certainly take him up, unless he told you the truth? - No, nothing like that. Mr. Raine. Now go on with your story. - When I took him at the door I asked him what he had got there? I see him with something that I suspected was not right by his knocking there; the bundle was set down on the ground, and he was looking up at the window, and I said, now, what have you got here, John? I called him by the name of John. Says he, I have got some bottles of wine, and I did not come honestly by them; says I, you must go along with me to the office. In the course of a quarter of a mile, going along, he begged of me to let him go; I told him I should not. It was between five and six in the morning. (When I see him first I see him at Aldgate, before he came to Petticoat-lane.) I took him to a public house near the office, and he begged I would let him go, and he offered me money; I told him I would not. Then he begged me to let him go to his master; I told him I had no objection going to his master; I asked him where he lived? he said, he lived in Broad-street; I said, it is a very round about way to come from Board-street where I see you; and then he said, his master was a hop merchant, of the name of Railton, and lived in the Borough, and said, that his master was a hasty man, and he had known servants steal spoons and other things, and he had no doubt but he would look over it. I went with the prisoner to Mr. Railton's house, and Mr. Railton was not at home, and I left word for Mr. Railton to be at the office at twelve o'clock; and I spoke to Mr. Railton before he came into the office, and told him the door the prisoner knocked at, and whether he thought it proper to have a search warrant to search the house, for a man was passing by at the time that I stopped the man, and said, that he see some man at the door the morning before. Q. What past at the office? Were you by at the examination? - I was not. Mr. Knapp. I was wrong in stating you to be an officer of the police. How long before this had you been one? - About a week before. Q. What office did you belong to? - Whitechapel. Q. How came you to be dismissed from the office? - I was not dismissed; I dismissed myself. Q. How long had you been an officer? - Two years and a half. Q. Then you was not dismissed for any ground of complaint that was alledged against you? - If this is a fair question I will resolve you. There might be grounds of complaint. I dismissed myself. Q. How came you to dismiss yourself? - Taking half a guinea of a black man going on board a ship. Q. Did you ever get your dismission from the office? - I did not. Q. Did you ever go to the office afterwards? - I have. Q. What for? - For business; to apprehend such men as this at the bar. Q. Any little snug informations in which you go snacks? - No. Q. You happened to know that man before? - Yes. Q. Did not he know that you belonged to the police office? - Not to my knowledge. Q. On your oath, did not he know that you was an officer? Or what do you call yourself? - No. A thief-taker you may call me. Q. He told you that he had some bottles of wine, and had not come honestly by them. Did not you tell him that if he gave up the receiver there should be an and of it? - I did not, nor a word about the receiver. I asked him what house it was he went to? he said it was a countryman of his, but what his name was he did not know. Q. He said that he lived at Mr. Railton's, hop merchant, over the bridge? - Yes, he did; but before that he said he lived in Broad-street. Q. Railton was his master? - Yes. Q. Then he told you where his master lived? - Yes, he did. JOHN THOMSON sworn. Q. You was clerk in the office where this man was examined? - Yes He said when he came there, that he had done wrong, and was very sorry for it, and that he would wish to tell the truth. The magistrate told him if he did tell the truth it would be taken down in writing, and given in evidence against him on his trial.(The examination read.) " Henry Reynett , one of his majesty's justices of the peace for the county of Middlesex. The voluntary confession of Henry Hesling , taken before him, September 22, 1795. Who faith, I have lived with Mr. Railton about a week, in the capacity of a footman; I have known Mr. Burrow about twelve months; I see him about a week ago; he knew I was a gentleman's servant, he said, if I could get any thing he would purchase it; he mentioned candles, &c. On Friday or Saturday morning last, I carried him about a dozen bottles of white and red wine; which he agreed to give me a shilling a bottle for; I took the wine out of my master, Mr. Railton's cellar, at his house in the Borough. It was about half after six in the morning when I took the wine to Burrow; he said, is this all you have brought? I told him, yes; he said, then I will pay you when you bring some more. He said, as you live in a gentleman's house, you may get me a few candles. I took some out of my master's house; he agreed to give sixpence a pound for them; he told me to get more red wine than white, that he could sell it better. The night before last I carried him about a dozen of red and white wine, which I took from my master's cellar; he said, I shall not stand to pay you now, I will pay you when you come again. This morning I was going again to his house, with eighteen bottles that I took out of my master's cellar; I was stopped by the officer in Aldgate, who spoke to me; he passed me, and I went on; he came up to me again as I was at Burrow's door, and took me into custody. Burrow told me when I came to knock at the door, I had no occasion to call. I took the linen cloths out of my master's pantry to keep the bottles from breaking, also the the green cloth; but I meant to take them back again; I never took any thing else. I did not see any marks on the corks or bottles. Taken and signed, September 22, 1799." Mr. Knapp to Thompson. Taplin had brought this man to the office? - Yes. Q. And therefore all this passed after the conversation between him and Taplin? - Yes. Q. Did the prisoner at the bar seem agitated when he made this confession? - Yes, he appeared agitated the whole time. Prosecutor. That afternoon that I went to the office, I told him that he must have a pick lock to open the cellar door; he told me that he had not, that he had taken the bricks out by the cellar and got in there, which I found to be the case. Q. Did you find that a sufficient quantity had been removed so as to admit a person? - So the officer said. Mr. Knapp. This breach in the wall you had not observed before that time? - Certainly not. Q. This was at the magistrate's that he told you this? - It was. Q. Then it was after the conversation that had passed between Taplin and him? - It was. Q. I would ask you whether he seemed alarmed and agitated? - Very much so. He cried and said, it was Burrow, the receiver that brought him to that. I can swear to the cloth myself. Prisoner. The officer told me that if I spoke the truth and nothing but the truth, I should not be hurt. The prisoner called his former master to his character. GUILTY . (Aged 35.) Transported for seven years . Tried by the first Middlesex Jury before Mr. Justice HEATH. 486. SAMUEL HILL , JAMES CLARKE , and JOHN HAMNELL were indicted for feloniously making an assault on the King's highway, on John Bengoe , on the 25th of September , putting him in fear, and feloniously taking from his person and against his will, two geldings, price 6l. a canvas smock frock, value 8s. two hempen halters, value 8d. and five guineas and fourteen shillings; the goods chattels and monies of the said John Bengoe . JOHN BENGOE sworn. I am a publican, and a dealer in cows and horses, and hogs . On the 25th of September I was coming from Uxbridge fair, with three horses, riding one and leading two; about two hundred yards out of Uxbridge town I was stopped by the three prisoners, and one more, which was four, who demanded my money, and I rather refused, and then they knocked me off my horse, then they took from me five guineas in gold, and fourteen shillings in silver, and two horses out of the three, and my smock frock; they took the two horses which I was leading, which I bought at Uxbridge. Q. While you were doing this you say you was knocked off your horse, did you lose your senses? - I was rather stunned, but not long. Q. Then you knew what was going on? - I did. Q. What time of the day was it? -Between eight and nine o'clock at night; it was moon light, new Michaelmas night. With that they left me, and took two horses away, and left one, and I rode towards home. Q. Which way did they go? - They seemed to stand still. Q. Do you mean riding towards London? - Towards London; they stood still at the time, but I see them mount one of my horses, and ride after me, after I had got some distance from them, but I rode away, and see nothing further of them, but came home. Q. Had you a saddle or bridle to them? - I had two new halters to the horse I had lost; I bought them at Uxbridge fair, and had them booked there. Q. Were you well mounted? - Very well mounted, but seeing four of them I rode away from them, and made the best of my way home. Q. How long might this take up? - About five minutes, or not so much, I cannot pretend to say to a minute. Q. Did you see either of them before? - I see all four as I came out of the town, but had no suspicion of them being thieves when I passed the Fountain, I see nothing of them again till they jumped out of the path and stopped me; I had seen them in the town all day. Q. Were they armed? - One had a pistol, and the others appeared to me to have sticks. I cannot be positive whether it was sticks or pistols, but one I am positive had a pistol. Q. When were they taken up? - Three days after the robbery, I went down to Uxbridge to enquire whether any body had seen any thing of my horses, thinking they would have dropped them on the road, and I had them cried at Uxbridge; I found one of my horses turned into the field loose, at Uxbridge, the publican of the Fountain went with me and shewed it me, which I gave him five shillings for, what I had cried I would give; this was on Tuesday; on the Monday following I was going to Hounslow fair, going through Brentford I saw two of them, Clarke and Hill, and one of them was riding my horse, going to sell it, and the other was on their own, or somebody else; with that they bearing of me coming, they gallopped away as fast as they could, and they found that I close pursued them, and they rode by the side of a blacksmith's shop, and there they got off the horse; when I came up I asks them who owns this horse, I catched hold of the horse, Clarke says, I don't own it, this owns it; and Hill rather faltered in his speech, and turning pale, said, I own it; he was dismounted then; I then said it was my horse, and he was the man that robbed me of it; so with that he cried, and wished not to go before the justice, I said I would insist on his going before a justice, and I would not have my horse without going before a justice; then they pulled out some gold. Q. Did you stop Clarke, or might he have got away? - I would not let them go; there were some other people came up; they were both stopped, and went before a justice, and committed for that night to the watch house; the next day I was ordered to come up to Brentford again, and I went, and this other man, Hamnell, came to speak in behalf of Clarke and Hill, to give them a character. Q. That was the first time you had seen him since the robbery? - Yes. Then he was committed with the other; there were two more come to give them a character, which I think I knew one of them, but I could not positively swear. Mr. Knapp. What is your name? -John Bengoe. Q. How long have you been Bengoe? - Ever since I was born. Q. Has it not been Benjoe sometimes? - No, Bengoe. Q. This is the first time you have ever been in a court of justice? - I cannot say that, I was once in a court of justice before; this is the first time I ever apprehended a thief. Q. Where were you in a court of justice before? - At Kingston; I dare say you know, Mr. Shepherd. Q. I have not the honour of being Mr. Shepherd; what did they say you had been guilty of there; what was you tried for there? - On suspicion of my house being on fire. Q. Were you indicted by the name of Bengoe then? - Yes, by the name of Bengoe. Q. You lived at Battersea before that? - I was born there, I live there now. Q. You don't live in the neighbourhood of Uxbridge? - I do not. Q. This was about two hundred yards from Uxbridge town, and a very light night? - It was about two hundred yards from the Fountain, between that house and the half way house. Q. You did not go back to Uxbridge? - I did not. Q. There were plenty of people in Uxbridge for you to have made the alarm to? - I could not go by them four. Q. You had a very good horse? - I was very well mounted. Q. Did you give any alarm? - I did, at the next town, at Hillingdon; I could get nobody that had courage to go with me, I did not raise the town, I see nobody but the waiter and two hostlers. Q. You told them you had been robbed? - I did, the men knew me, they did not think proper to go, because there had been so many robberies that way. Q. Perhaps having been before a court of justice before, it may have occured to you that there is such a thing as a reward? - But I have been offered double the money by their party. Q. But don't you know there is a reward? - There is by all account. Q. How much reward is there on each of these mens lives? - I cannot say, I never paid any attention to it. Q. Upon your oath did you never hear what was the reward for convicting a highway man? - There is a reward, but I don't know what. Q. Did you ever hear what the reward was? - Not to my knowledge. Q. Don't tell me of your knowledge, on your oath don't you know that there is a reward of forty pounds on conviction of each of these men? - Not to my know ledge, on my oath I do not, I never heard that till justice Bond told me yesterday. Q. Did not Mr. Bond, or somebody tell you yesterday what was the reward for the conviction of a highwayman? -He did not. Q. Don't you know there is an hundred and twenty pounds on the conviction of these men? - I do not, nor ever heard it, not before you tell me now. Q. What did you hear yesterday? - justice Bond told the constables that they had no business with it at all, nor need they go down to Hick's Hall, because they were not at the taking of the men, and if there was any reward I deserved it. Q. Don't you know that if these men are convicted, they are liable to be hanged on your evidence? - Yes, and I think they thoroughly deserve it. At first I was not bound over it was thought that some other gentleman would prosecute, and the gentleman did not come forward, and justice Bond sent over to me, to come to be bound over to prosecute. WILLIAM BRADSHAW sworn. I keep the King's Arms, at Hounslow, I know all the prisoners by sight, I have known Hill five or six years; New Michaelmas day they were at my house, on the 29th of September; I imagine, as nigh as I can guess, it was about five o'clock in the afternoon. Q. How long did they stay in your house? - I really believe till seven or after, and then I set them off from my own door, that is all I know about it. Q. You have known Hill for four or five years; what has been his character? - I never knew any harm of him, whenever he came to my house he always paid for what he had of me. Q. How for is Hounslow from Uxbridge? - We call it nine miles. Court. Were these three alone, or any body with them? - Nobody with them but themselves. RALPH NEWCOMB sworn. Q. Do you know the prisoners at the bar? - I know them all. Q. Do you remember seein them on New Michaelmas day? - Yes, between six and seven I see them at the Nags Head, at Hounslow, in the yard; I sold them an old blind horse to put into the chaise. Q. How late did you see them there that evening? - I believe it might be about a quarter to seven. The horse they bought was lame that it would not go above four miles an hour; I sold it them for two and twenty shillings, he could not be a capital horse; I was four hours making him go ten miles. ELIZABETH CANNON sworn. Q. Do you know the prisoners? - Yes. I know them all. Q. Where do you live? - At the Rose and Crown, in Smarlborough-green, about a mile and a quarter this side Hounslow. Q. Do you remember seeing the prisoners on New Michaelmas day? - Yes; about half past seven they stopped at our door, they took a horse out, and put a fresh one to a one horse chase, and the clock struck eight just after they went. THOMAS WEST sworn. I am a horse keeper at Brentford; on New Michaelmas day, I cannot say whether they are the same men that I seen at Brentford, that evening, but there was a man stood in a one horse chaise, enquiring where he might buy a whip. Q. What time in the evening might this be? - I look on it very near a quarter after eight. Q. Were there three men? - Yes, one in a chaise and two on horseback. THOMAS MANDEN sworn. I am a harness maker at Brentford, I can say that I know the prisoners by their coming to me at Brentford; I see them at Brentford when they were taken. Q. Had they been with you on New Michaelman day at Brentford? - Yes, about half past eight, as nigh as I can guess, they called for a whip, and when I came to the door they went away, and I ran over and fetched two whips, they said they were not heavy enough. Q. Do you believe it to be the prisoners at the bar? - I do believe it was one of them by his voice, and by the words he repeated to me the day he was taken. ELIZABETH FENNELL sworn. Q. Do you know the prisoners? - Yes. Q. Did you see them on New Michaelmas day? - Certainly I did, between ten and eleven o'clock at night, at my own habitation; I live in Sea Coal-lane. All three Not GUILTY . Tried by the second Middlesex Jury before Mr. Baron THOMPSON. 487. ANN KNIGHT was indicted for feloniously stealing, on the 20th of September , thirty yards of thread lace, value 15s. and five yards of silk ribbon, value 1s. 6d. the goods of Thomas Boswell . THOMAS BOSWELL sworn. I am a shop-keeper , No. 5, St. Martin's-court, Leicester-fields ; I can only prove the goods; the transaction will be stated by the witness. HARRIOTT - sworn. Q. Do you live in the house of Mr. Boswell's? - Yes, I am a sister. Q. Do you assist in the shop? - Yes. Q. Look at the prisoner; do you know that woman? - Yes. On the 19th of ceptember, between twelve and one she came into the shop, and had some ribbon at off. Q. She bought some; did she pay for it? - Yes, after I shewed her some lace, she took a card and put it into her pocket. Q. Did you see her do that? - Yes; I told her she had it, and she threw it on the counter. Q. Did she take it out of her pocket again? - Yes; she ran out of doors. Q. Did you make any alarm? - Yes. Q. Was she stopped on your alarm? - Yes. Q. Was she brought in again? - Yes, in about three minutes. Q. You are sure it was the same woman that was brought in again? - Yes. Q. Did you miss any thing besides this lace? - No. Q. Was it thread lace? - Yes; I missed nothing else, there was some ribbon taken from her at Bow-street, in a basket which she had over her arm. Q. How soon was that after she was brought back to you? - About half an hour after. Q. Did you know that to belong to Mr. Boswell? - Yes. Q. Was that ribbon in the same box with the lace? - No, it was in a different box, in another box that I was shewing to another lady. Q. How did you know the ribbon? -By a private mark. Q. Whose writing is that? - Mr. Boswell's. Q. Do you recollect seeing the ribbon in the box that you were shewing to the lady? - No, but I know it was ours. Q. Thirty yards of lace, what do you value that at? - I don't rightly know. Q. What is the value of the ribbon? - I don't rightly know what quantity there was of it. Mr. Knowlys. You did not know this piece of ribbon at all, but the private mark; you did not know but what this piece of ribbon might have been sold? - No. Q. This piece of lace you see her take it, and put it in her pocket? - Yes. Q. The moment you told her she had made a mistake, she returned it? - Yes, she did. Court. What was done with the ribbon and lace that was taken from that woman? - I have got the lace in my pocket. Q. What was done with the ribbon? - The constable has it. Q. To Boswell. Were you at home at that time? - I went up stairs. That is my lace by my own mark, and I know the particular pattern. ROBERT BERISFORD sworn. I produce the ribbon. When I went into the shop the woman was in sits, and I got a coach and took her down to Bow-street, and the basket was down by her, and I took the basket and went to Bow-street, and I examined the basket at Bow-street, and found this ribbon in it. Q. To Harriott -. Did the prisoner bring in a basket with her? - Yes. Q. Was that basket taken to Bow-street? - Yes. Q. Did you see the ribbon taken out of that basket? - Yes. Q. To Berisford. Have you kept that ribbon till now? - Yes. Mr. Knowlys. When you found her, I don't know whether you found her in the shop? - I found her in the shop. Q. I believe she was very ill, in sits? - Yes, she was, and that made me very careful of her, it was as much as two of us could hold her. Q. You did not stop her? - I did not; I was coming down the court at the time. Boswell. It is my ribbon, there is my mark on it. Mr. Knowlys. You cannot say that that ribbon had not been sold out of the shop? - It is impossible. Court. Who sells in your shop besides yourself? - I have a brother that serves, but there was no possibility of bringing of him. Q. To Harriot -. That was not the ribbon you sold the woman? - No. Q. You are sure of that? - Yes The prisoner called there witnesses who gave her a good character. GUILTY . (Aged 31.) Imprisoned six months in the House of Correction , and fined 1s. Tried by the first Middlesex Jury before Mr. RECORDER. 481. RICHARD GOODHAM was indicted for feloniously stealing, on the 23d of September , two quart case bottles filled with Lisbon wine, value 3s. the goods of Thomas Wigzell . THOMAS WIGZELL sworn. I am a wine merchant , the prisoner is a carman . Q. Do you know any thing of the robbery yourself? - I don't. JOHN SWINNEY sworn. I am a weekly servant to Mr. Wigzell; my fellow servant loaded the cart with the wine, to drive to Sloan-street, Chelsea. Q. Did you see the cart loaded? - Yes, and helped to load it. Q. What was it loaded with? - Port and Lisbon. Q. Where was it loaded? - Opposite No. 32, George-street, Minories , at Mr. Wigzell's warehouses; I went off to go to Sloan-square, and I told my fellow servant, and I would meet him at the Hay Market. Q. Did you attend the cart? - I did not, my fellow servant did all the way, as I understand. Q. What time of the day was this cart loaded? - About eleven o'clock in the day; I do not recollect the day of the month. Q. Do you know the day of the week? - I do not; when we came to unload the wine at the Star and Garter, Sloan-square, in the third pickle there were two bottles of Lisbon wine wanting, my partner said so. Q. Was that in the hearing of the man that he said so? - Yes, he was there, he helped to unpack some of the wine, I told my partner that I could swear there were twenty six when we left home, he said there were but twenty four then, and I said, perhaps the horse has swallowed some of them; I went up immediately and searched the bag that was under the axletree of the cart, and found a bottle of Lisbon sealed there, with my master's seal; I went immediately to the basket out of which the horses fed, and I found there a bottle of Lisbon wine, sealed with my master's seal, and my fellow servant took them. Q. Did any body else attend this cart besides the carman, except you and your fellow servant? - Not to my knowledge. Mr. Knowlys. Did you pack them up yourself in the pickle? - No, my fellow servant did, but I counted them to him. Q. You say you found two bottles near this cart, you did not ascertain what they were, you did not draw their corks? - I did not, but they were sealed with my master's seal "Wigzell, Lisbon." Q. Whatever the two bottles were, you put them all with the rest in the cellar? - My fellow servant took them, I did not. Q. What became of them afterwards you don't know? - I do not. Q. This man was the carman only, pray how long was it afterwards that these bottles were produced? - I cannot tell the time. Q. How long was it after the man was taken up? - The day following, in the afternoon. SARAH NORMAN sworn. I keep the house where the wine was to be delivered. I saw Mr. Wigzell's man take one bottle from under the cart, and one from the basket at the horses head; they were delivered in the cellar to my servant. Q. You did not see what wine it was? - I did not see myself; I see the carman go to the basket some time before the wine was taken out, but I did not see him put any thing there but hay. - COPE sworn. Q. Did you attend this cart from the Minories? - I did, I missed two bottles of Lisbon as we were laying it down, the young woman, Ann Robinson , was along with me as I was laying it down, and I said here is but twenty-four, and I called to my fellow servant, and said, here is but twenty-four Lisbon, and did he know any thing about the other two? he said no, perhaps the carman's horse had eat them, and he went up stairs and fetched them down, and gave them into my hand. and I put them along with the rest. The carman was along side of us, giving them into my hands as I put them down. Mr. Knowlys. That wine was not distinguished from the rest? - It was not. Q. And Swinney was the man that cried out the carman's horse might have eat them, and the servant maid was making a noise about the two bottles, and then Swinney brought them down? Why they have complained at this house before that there was wine missing when the Irishman laid them down? - I don't know, I never was with him before. ANN ROBINSON sworn. I was in the cellar when Mr. Wigzell's man unpacked the wine, and he set twenty-four on the shelf, and I said, there ought to be twenty-six, and he said, very likely the other two were in the pickle, under the rail, and it was examined, and they were not, and he told his fellow servant, and he went up and brought them down; I have kept them separate ever since, one of them, and one Mr. Wigzell has had ever since Friday. They were all set on a shelf in the wine cellar, and these two were set at the other end, not among the others. Mr. Knowlys. Do you mean to say that he did not put the two bottles with all the rest of the cargoe? - Close by them, but not to mix them so but they might be taken from the rest; he could not put it with the parcel of the others, because I had filled the shelf up with other wine.(The wine produced.) Q. To Prosecutor. Is that your seal? - It is. Not GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 489. WILLIAM JESSOP and THOMAS BENWELL were indicted for feloniously stealing, on the 23d of October , two trusses of Hay, value 6s. the goods of Richard James and Thomas Weatherhead .(The case opened by Mr. Knapp.) JEREMIAH KEYS sworn. Q. I understand you are foreman to Messrs. James and Weatherhead. What are they? - Coopers , and partners, 128, Wapping New-stairs . Q. Do you know Jessop? - Yes, he was our carman . Q. Do you Benwell? - Yes; he does work with a house and cart. Q. On the 23d of September were you in your warehouse? - Yes, I went there by desire of my master; it is about sixteen or twenty yards from the stable, and has a command of the stable and the hayloft; our first going there was about a quarter past six, Friday last, the 23d of October, I went up into the left of the warehouse, and the carman was then just bringing the cart round, and I heard somebody in conversation with Jessop whom he called to him. Q. It was dark then? - It was; apparently the moon was young. Then he drew the cart up, and before Jessop took his horse out of his cart, Jessop and another went into the stable. Q. Was that the same person as he called to him? - I cannot tell. They staid in five or six minutes, thereabouts, and Jessop came out and stood in the middle, of the way, as if looking out, and somebody past by the stable; then I came down and communicated what I had heard to Mr. James, and then we pursued and went round to meet them. Q. You returned again before you met them? - Yes. Q. How long was it before you returned back again? - About ten minutes. Q. Who was with you? - Mr. James, myself, and Thomas Weatherhead , my master's son. Then Mr. James and I went up into the lost; we had been there about three quarters of an hour, or something less, and a man came along; I did not perfectly see who it was that passed along; then I discovered Benwell go and look behind some hogshead opposite the lost where we stood; the hogsheads were in bye way. Q. Near the stable? - Yes; and then he went opposite the stable left door, and said, now! he was saying that seemingly to Jessop in the last; and Jessop said, are you ready? then Benwell said, down with it. Accordingly Jessop lowered the hay down to Benwell by his hands, to ease it on his back. The lost is some where about ten or eleven seet high; it was seemingly two trusses. Q. Did Benwell take it? - Yes; and Mr. James, I and Thomas Weatherhead pursued him; Mr. James went on first and took him; when I came up he had hold of him, and I took the hay from Benwell by the desire of Mr. James; I deposited it under lock and key, and put a seal on, in a house belonging to Mr. Weatherhead. Benwell went away. Q. How soon was he apprehended? - Saturday, the next morning. We let him go, because he gave us a reason; he said our carman had borrowed the hay of him, and that was to return it. Q. At what time of the night was this that the hay was lowered down? - About a quarter to eight. Q. Do you know whether your master had borrowed any hay? - Not to my knowledge. I got a warrant that night and took Jessop up that night, and Benwell the next morning, and they were taken before a justice and committed. Mr. Peate. Where abouts is this lost situated with respect to the house, over the warehouse? - No, nearly opposite. Q. When this transaction was going forward, what distance might you be from the lost? - About sixteen or twenty yards. It lay aslant. Q. The premises both belong to the prosecutor? - Yes. Q. This happened a few days ago. You could see the person of the prisoner? - Yes, perfectly well; there was a lamp a little way from the stable door, and Jessop had a light in the lost; they were between us and the light. Q. That light was in a lanthorn, I presume, was it not? - They had a light in the lanthorn. Q. If you had not been watching for that purpose, should you have been able to have discovered alone that this was the prisoner at the bar that you see there? - Yes, perfectly well; I should have known him. Q. Had any other of the prosecutor's servants access to this hay lost but the prisoner at the bar? - There was nobody had any business there but himself. Q. I suppose they could get in occasionally? - If they did, they must get in from inside of the premises, because it is all surrounded with buildings. Q. You say that you see both the prisoners at the time that the hay was taken away? - Yes, as plain as I see you. Q. How long might it be before you came up with the parties in this transaction that passed at the hay lost? - Somewhere about sixty or a hundred yards. When I came up, as far as I heard, Benwell asked Mr. James if he thought he was coming to steal his hay? and told him that he had got that hay in return for some that he had lent the carman. Q. How long has Jessop been in the service of Mr. James and the other gentlemen? - I think about eight or nine months. Q. Is there any other person concerned in business with him? - Not that I know. Mr. Knapp. You knew these persons before? - Yes. RICHARD JAMES sworn. Q. We understand you were with this last witness in the lost? - Yes, I was. Q. You see what he has described, and you pursued Benwell? - Yes, I did, After waiting there sometime I see a man come down from the lost in a very fly way; after that I see him returning to the stable and go up into the hay lost; he then came down again and came out of the stable, the same manner as before; he returned back again and went up into the hay lost; then I see a man coming very fly along the street, looking into a parcel of hoops and into a parcel of hogsheads that were just by our warehouse; after that I see him go under the hay lost and he said, now! and Jessop said, are you ready? in a saint voice. Q. What time of the night was this? - Just before eight o'clock. I then see Jessop lower down the trusses of hay on this man's shoulder, which he went away with, and I immediately pursued him, and by the time that he got about sixty yards from our premises, I caught him. It was all in the same street. Q. Did you ever lose sight of the man? - No. Q. When you came up to the man, who did he turn out to be? - Thomas Benwell , the prisoner at the bar. I collared him, and he let down the hay; he had got the hay on his shoulder; I said, what I have got you at last; he seemed confused, and he said, I only came for two trusses of hay which your man owed me; I told him it was a very odd time of night to come for it; he said, very impudently, he had a right to come for his own when he liked; I asked him if he did not know the way to the counting house? he said, he knew nothing about the counting house. Jeremiah Keys came up, and I gave him the hay; I went into the house to see if Mr. Weatherhead was come home, to see what I was to do in the business; he was not at home. Q. Was that hay the same as you see him lift out of the lost? - Yes, it was. I went up to justice Staples and took out a warrant, and took Jessop up that night; I met him in a street in Old Gravel-lane, coming out of a public house. Previous to that, when I came back again, I went to the stable where Jessop was; he came out, and said, O, it is all right, it is two trusses of hay which I borrowed when Mr. Crowder's people were here. Q. Did you know any thing of hay being borrowed? - No. On the contrary I told him never to borrow any thing without coming to the counting house to propose it. The next day the officer apprehended Benwell that I gave the warrant to. Mr. Peate. You speak of this man coming slily down the lane. What do you mean by that? - A man's coming down in a skulking manner, more like a thief then an honest man, in a fly manner altogether. Q. Did he walk fast? - Sly, in a creeping manner. Q. You say that he spoke in a low voice; don't you think the tone of voice was sufficient to be heard? - I don't know that. Q. You followed this person and collared him. Don't you think if a person was to follow you, and collar you, would it not alarm you a little? - I don't think it would alarm me. Q. I am rather inclined to think it would. However he told you that it was hay that he had borrowed? - He did. Q. And when you pressed the business he seemed angry? - He did not seem to be the best pleased. Q. When you see Jessop in the stable, or hay lost, or cooperage, or somewhere, it is not material where, he told you the same story, and that he had repaid the man again? - He did so. Q. I suppose at this time both the occupations of this Jessop and the other prisoner was ended? - Jessop had got to clean his horse. Q. You have no partner but Mr. Weatherhead? - Nobody else. Jury. Will you take on yourself to say, that your lost was so well furnished with hay as to have no occasion to borrow any about this time? - I suppose there was then about ten or twelve trusses in. Q. Had you wanted any hay for any time previous to this? - I cannot exactly say. Q. How long is it since you have bought that hay? - The 2d or 3d of October. Q. Was there before this any occasion for borrowing any hay? - Not that I know of. Mr. Peate. Did either of the prisoners state to you as to the time of the loan of the hay? - William Jessop told me that he had lent it about five weeks ago the last Thursday, and he said it was a time that a particular friend was at our house; and that was on the 5th of October, and on the 2d or 3d we had the load of hay in by our books. Prisoner Jessop. Six weeks ago last Sunday morning I borrowed two trusses of clover hay of this man, and last Friday night this man came for it, and I paid him. I have witnesses that I borrowed it. Prisoner Benwell. I lent Mr. James's and Weatherhead's carman two trusses of clover, on the 13th of September, and I went to claim them the 23d of October, and Mr. James stopped me with them, and I told him it was for two trusses that I had lent his carman. JOHN NORMAN sworn. I heard this carman of Mr. James and Weatherhead ask this Thomas Benwell to lend him a truss of hay, for he had none for his horse, and I see him take a truss of clover from him. It was between seven and eight in the morning; it was six weeks Sunday last. Q. Pray, Mr. Norman, what are you? - I am a coal heaver. Q. What is the character of the prisoners? Do you know them? - Yes, I have known them both these three years. I never heard any bad character of them. Q. Was any body present but you? - None that I know. He said that he had asked Mr. Goodsall's man just before that, and he said he had got none for his own horse. Court. Where was this conversation? - In Gravel-lane Mr. Knapp. You were a servant to these gentlemen once? - Yes, I was before this last carman went that stands there. Q. You gave some information to the prosecutor about this business? - No. Q. To Keys, the foreman? - No. Q. How long have you been discharged from your master's service? - About Witsuntide, about a horse knocking a bit of hair off his knee. Q. You are sure it was only one truss? - It was only one truss that I see. The prisoner Jessop called one witness and the prisoner Benwell nine witnesses, who gave them good charcters. Both not GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 490. ELIZABETH ROBERTS and AMY COLE were indicted for feloniously stealing, on the 17th of October , a silver watch, value 1l. the goods of Samuel Tilstone . SAMUEL TILSTONE sworn. I am a whitesmith ; I was robbed on Saturday the 17th of this month, about twelve o'clock at night. Q. Are you a single or a married man? - A single man. I was asked to supper at one Mr. Watson's, and I was informed there that there was a fire at the pawnbroker's; I had been there from about half past seven to twelve. I was a little intoxicated in liquor. Q. Where was this fire? - In Cable-street, Wellclose-square . Q. Was it there that you met these women? - Yes. They accosted me, and asked me if I would walk into their house? they live in the same street. I went with Elizabeth Roberts ; I went up two pair of stairs with her, and I pulled my watch out of my breeches pocket and put it into my waistcoat pocket, and I sat down on a low bed; and as I sat there, when I had sat there a little while, she gave a turn from my side and went out, and came back again, and gave me a tap on my breast with one hand, and took the watch with the other. Q. Did you see or feel it go? - Yes; I did not see the watch in her hand, I felt it go; she calls out, open the door! open the door! and there was another by the door. Q. Did they open the door? - Yes, and I got up and forced the door open. Q. Then when she went out was the door shut on you? - Yes, and another by the door when I opened the door outside. Q. Who was the other? - I cannot tell, it was a very dark place, and I laid hold of her, and I said, where is my watch? and she said, what ails the man? come down stairs; and then I went down stairs, and I walked from that door to another, and I stopped by this door, and by and by I see four women coming arm and arm, and the prisoner Roberts was one of the four, and I laid hold of her, and put her in the watch-house. I have nothing more to say. Q. You went with this girl you say; was there any other girl with her? - No, there was not. Q. What have you to say against the other girl? - Sunday night there came two girls to our house, the 18th, and told me that this Cole took my watch and planted it in East Smithfield; as soon as they told that to me, the beadle went and took her in charge. Q. Did you ever find your watch again? - Yes; Coombes has it. Q. When did you see it in his hands? - The 19th, the Monday as they were tried. Q. Cole was not one of the girls that you see in the house? - No, but she was one of the four that was with the other girl when I took her. Q. You was in liquor. Had you ever seen Roberts before? - I have seen her many times; I never spoke to her before; but I go a jobbing in that street very often, for my master, and I live close by. I am certain she took the watch from me. Q. Was your's a silver watch? - Yes. My name is inside of it, S. T. smith, 1793. THOMAS COOMBES sworn. I am an officer belonging to the public office, Whitechapel. On Monday the 19th, about one or two o'clock, I came to the office, and they told me that these two girls were brought up, and were charged with stealing this man's watch, and I went and found the watch in Amy Cole's bed, inside, sewed up between the slock and the feathers. She gave me the key of the room; there was only one bed in the room. Q. Did she tell you it was inside of the bed? - No. Q. You have kept it till this time? - I have. Jury. Was there any hole in the, ticking where the watch might tumble in? - There were none. Prosecutor. It is my watch. Prisoner Roberts. I was in this man's company on Saturday night, and he gave me a shilling, and I went down to get something to drink, and I left the candle burning the mean while, and when I came back, the candle was out and he was gone out of the room, and I never see him afterwards, till he came to take me prisoner; he had no watch as ever I see. The house is full of girls, and they have got a great antipathy against me, and I don't know what for. Prisoner Cole. I never see the young man till he came up on Sunday morning, and said, that was the room where he was robbed; and when he came in he said, that was not the room; and he went into the back room, and found nothing, and he said, that he was very confident that this was the girl that took the watch. Not GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 491. MARY SMITH was indicted for feloniously stealing, on the 28th of September , a pewter quart pot, value 1s. 6d. the goods of William Nurse . WILLIAM NURSE sworn. I keep the Phoenix, in Stacy-street, St. Giles's . On the 28th of September the prisoner came into my house, I don't know what day of the week, about eight at night, and asked for a pint and penny worth of beer; I was then in my bar, I called the maid to draw the pint and penny worth of beer, which she did, and put it into a quart pot; I see her deliver it into her hand; my maid asked her where she was going with that pot? she said, to No. 2, next door. The maid suspecting her, she watched her home; I see her follow her out of doors, but I did not know then that she meant to watch her home; I remained without doing any thing further, till between nine and ten o'clock, when my pots were very short, having had about ten pounds worth stolen in about a fortnight; when I sent my maid after the pot; she denied to the maid that she had any pot, and I went to the woman myself. Q. How long was this after the maid followed her out of doors? - About three quarters of an hour. Q. Where was the prisoner's room? - In the back garret, No. 7, Stacy-street, the same street. I asked her for my pot; and she said, she had no pot, neither did she know any thing of me nor of my house. While I was speaking to the woman, a woman, whose name was Edwards, came up stairs, and said, Mr. Nurse, here is your pot, thrown out of window. It was picked up by one Mrs. Cadwell, in the adjoining yard. Q. Where did this conversation pass? - On the stair case, close to her garret door. I then charged the watch with her immediately. The metal was then hot when it was brought up to me. I went to the watch-house with her. I cannot swear to the metal, only my pot was never forth coming. I returned from the watch-house with the watchman, and desired them to go with me to her garret; the woman of the house went up in the garret with me; Mr. Edwards, who keeps the house, told me that that was the garret that woman lived in. Q. And that was in her presence? - Yes. Q. What did you find in this garret? - The frying-pan in which from its appearance the metal was melted in, some of the metal is now in the pan; I took the pan and carried it to the watch-house where I left it, and it remained till Saturday in the hands of the constable, who took charge of her, when he brought it to me and delivered it up, as he said there no occasion for his attendance. I have brought it here. Q. Was it the same pan that was returned? - That is the very pan.(The pan and metal produced.) MARY PHILLIPS sworn. Q. Are you a servant in the house of the prosecutor? - Yes, I am. Q. Did you see the prisoner in the house? - Yes; I drew her the beer myself; she told me it was going to No.9, three times over. Q. What did you give her the beer in? - A quart pot. I watched to see whether she went to No. 9, and she went to No. 7; I watched her up one pair of stairs myself. Q. She took away the pot with her? - Yes; she had not drank the liquor. About three quarters of an hour after I went and asked her for the pot; and she said she had never a one; she was not in her own room then, she was in the next woman's room; I told her I must have it and I should not leave the house till I had it. I immediately went to my master, and my master came up to her; I went and fetched my master, and my master and me went up together; my master insisted on having the pot found, and this woman brought the metal up, and my master charged the watch with her. Q. Did you see any metal? - Yes. There was some metal found in a pail of water; that was after the prisoner was gone. Q. There was some conversation in the passage about some; did you hear that conversation? - Yes; Mrs. Edwards came up and said, Mr. Nurle, here is your pot, thrown out of window just now. She brought up the piece of pewter. JANE CADWELL sworn. I was in the yard and heard a noise, I turned about and see that piece of pewter, I took it up and gave it to Mrs. Aldridge. It was the yard adjoining to the next house where the pewter came down, where this prisoner lived. Q. Should you know this piece of pewter again? - Not to swear to it; it looked like this. Jury. Did this piece of pewter feel warm at the time? - Yes, there was a warmth on it, and I gave it into the hands of Mrs. Aldridge, and she took it and gave it to Mrs. Edwards; Mrs. Aldridge said there was warmth in it. Q. To Prosecutor. Was that pewter warm that was produced to you in the passage? - Yes, it was. Prisoner. In the first place I don't live in the room, nor does it belong to me, I only went to see an acquaintance that I knew lived there; I don't live in the house at all. I was only brought here yesterday, and I had no notice of coming, or a very short notice, and I have not had time to send for my friends. Not GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 492. ROBERT COOPER was indicted for feloniously stealing, on the 26th of September , a woman's cotton gown, value 3s. the goods of Thomas Beaumont . THOMAS BEAUMONT sworn. I live at No. 46, Eagle street, Red Lion-square . On Saturday the 26th of September, I lost a gown, my wife's gown; it was hanging to dry in the parlour, in which we live; it was about three o'clock in the afternoon, being a bookbinder by trade, I was at work in the kitchen, and hearing my wife call out that a person had robbed her of her gown. I pursued the prisoner about forty or fifty yards from my habitation, coming up to him he knocked me down. Q. Who was it you pursued? - Robert Cooper, the prisoner. He was taken in Holborn by Hogarth, who is at the back of the indictment, and delivered into the hands of an officer; previous to this he had delivered the gown to my wife; just as he was coming out of the apartment. ANN BEAUMONT sworn. On the 26th of September, about three o'clock, I was cleaning down the kitchen stairs, I heard a strange foot in the parlour, I called out, who is there? nobody made me any answer. I immediately went up stairs and met the prisoner coming out of the room with the gown in his hand; I said, that is my gown; and I took the gown from him, and I called to my husband, who was in the kitchen, that a man had taken a gown and ran away, and he immediately pursued him, and then called out stop thief! and he was taken and brought back. The gown has been in the hands of the officer ever since, but the officer was ill and could not attend. This is the gown. The house was open, and the children were playing about the door. Prisoner. Be so good as to ask her whether I did not ask her if there was any owner for that gown, as it lay at the door? - I do not recollect any such circumstance. WILLIAM HOGARTH sworn. Q. I understand you to take this man? - I did; by hearing the cry of stop thief! I immediately pursued him, and I took him in Holborn, when Mr. Beaumont came up and said, that is the thief, he made two strokes at me, but I kept hold of him. Prisoner. I was walking along the street, and I see the gown lay at the door, and I picked it up, and this lady came, and I asked her if it was her property? and she said it was; and I gave it her, and walked deliberately away. GUILTY . (Aged 28.) Transported for seven years . Tried by the second Middlesex Jury before Mr. Baron HOTHAM. 493. JANE GRIGG was indicted for feloniously stealing, on the 3d of July , a pewter quart pot, value 13d. a leather strap, value 2d. the goods of Stephen Noad . STEPHEN NOAD sworn. The property belonged to me; I don't know nothing of the prisoner taking it. - BROWN sworn. I am a carpenter and joiner; I was at the house called the sign of the Barn, kept by Mr. Huggings, looking through the window I see two women coming along, which the prisoner was one; she had a tub in her hand; she passed by the end of Hunt's-court ; seeing this quart pot and strap at the end of Hunt's-court, and she came back and took it and put it under her cloak. Q. To Prosecutor. Do you live near this place? - Yes. Q. Is it your pot? - Yes. Q. What house do you keep? - The sign of the Coach and Horses, in St. Martin's-lane . I detected her taking the pail out of the yard about ten days before. Prisoner. I took the pot a drop of water at St. Martin's pump, it was just by the pump. Q. How came you to conceal it? - I was going by and I see it. Q. To Brown. What was the story she told when you apprehended her? - She said she had not go it. and we went to move her, and it dropped from under her clothes. GUILTY . (Aged 16.) Transported for seven years . Tried by the second Middlesex Jury before Mr. Justice HEATH. 494. JOHN NORTH was indicted for feloniously stealing, on the 19th of September , two pounds weight of raw coffee, value 3s. the goods of Aaron Brandon and Samuel Cortissy . A second COUNT laying it to be the property of persons unknown. The case opened by Mr. Knapp. JAMES FORMES sworn. Q. Were you in the warehouse of Messrs. Brandon and Cortissy on the 19th of September? - Yes. The prisoner was employed by the customs to take the tares from the coffee Q. How is the coffee kept? - In casks and bags. They are generally open after they are tared. I was on the stairs. I see the prisoner take the coffee out of the cask, it was this small bag, and put it into his breeches. On doing this he went down stairs. I immediately followed him, and told Chamerson, the excise officer, if he offered to go out to stop him. I went up and told my master, and he called him to him, and master told Chamerson to touch him, and he said, he had got a little coffee in his breaches; he pulled it out himself, and delivered it to Mr. Chamerson. Q. What quantity was there? - Two pounds and a quarter, Mr. Chamerson weighed it. Q. Are there any such small bags as these in the warehouses in which coffee are kept? - There are not. Q. What kind of coffee was it? - Raw coffee. Q. Did it appear to be of the same kind as the coffee in the warehouse? - The very same kind. Mr. Moore. Did you see him put the coffee into the bag? - No, I did not, because the casks was not above half full. I see him take the bag out of the cask. Q. You are a warehouseman? - Yes. Q. Pray has there not been some little kind of dispute between the custom house men and the warehouse men? - Not that I know of. Q. They were not so unreasonable as to complain that you would not move the casks? Was there any complaint to your matter that it was your business to move the casks out of the way, and you did not move them? - I do not remember there was any such complaint. Q. Was not the allowance of beer taken away in consequence of their complaint? - No. Q. It was stopped? - No. Q. What was this man's employment in the warehouse? - A coffee tarer, employed by the customs. Q. Was it not the custom of office to search every man before be went out? - Yes, but in the part where he had concealed it, he might not have been searched. Q. Have they not been, in consequence of several depredations, more in their search? - They certainly have. Q. Was he certain of being searched before he left work? - Yes. Q. Was this such a quantity that you think be could escape being found out? - Yes, because I observed when he went down stairs there did not appear any alteration. JAMES CHAMERSON sworn. I am a locker under the excise. Q. Was you at the warehouse on the 19th of September? - I was. Q. Was the prisoner at the bar there? - He was standing up, and Mr. Brandon told me to search that man; I searched him directly, and took down his apron, and he took this bag out of his breeches, and said he had only got a little coffee, which I have had in my possession ever since. This is the same kind as was in the warehouse. Q. Whereabouts is the value of It? - 18d. MOSES BRANDON sworn. Q. Who are the proprietors of these warehouses we have been talking of? - Aaron Brandon and Samuel Cortissy . Prisoner I have nothing to say; I am not guilty. The prisoner called five witnesses who gave him a good character. GUILTY . (Aged 28.) Six Months in the House of Correction , and fined 1s . Tried by the second Middlesex Jury before Mr. BARON HOTHAM. 495. WILLIAM SARD was indicted for stealing, on the 30th of September , two pounds weight of raw coffee, value 4s. the goods of William Masheter and Co. A Second COUNT slating it to the property of persons unknown.(The case opened by Mr. Knowlys.) CHRISTOPHER WILLFORE sworn. Q. Were you stationed at Mr. Masheer's on the 30th of September last? - I was. Q. What are you? - A locker belonging to the excise. Q. Do you know the prisoner at the bar? - Yes. He was employed as a cooper in a room, No. 17. Q. Was there any coffee deposited in that part of the warehouse? - A great deal of raw coffee. Q. Do you know whether any body was at work with him? - Another man. let him out of the warehouse. We are obliged to lock them in. Q. It is the course of business. - It is. I searched them both. Q. Who did you search first? - His fellow workman. Q. Did you find any thing on him? - Nothing. Q. Afterwards you searched the prisoner? - Yes. I found this coffee on his hair, under his hat. A pound and three quarters. We generally just touch the hat. I see the coffee trickle down; I did not take his hat off; he took the hat off, and threw it down on the floor, which had been just swept that morning; I told him that I thought he had no idea of taking the coffee; he said he had only a little for his wife. Q. What is the value of the coffee? - About one shilling and nine pence, or two shillings. Q. Is that coffee of the same kind as was lodged in the same room as he was in? - I believe it is. Mr. Knapp. There is great quantity of raw coffee in these warehouse? - Yes. They were all in casks, but some was loose on the floor at that time. Q. You never see the prisoner searched him at going out? - I see him in the warehouse. Q. You did not search him till his time of going out? - No Q. Then whether he took it from the floor or casks you don't know at all? - I do not. There was a great deal of raw coffee on the floor, that the had left, as much as would fill a couple of hogsheads. Q. He was a cooper? - He had cooper's tools with him. Q. Perhaps you have never heard of such a thing as perquisites of the little tare that might drop from the casks? - There were no perquisites of coffee; they have beer. Q. Did you never know persons that had coffee, and considered it as perquisites; have you never heard that before? - I don't know that I have. I cannot recollect it. Q. You produce this coffee; it has been in your custody ever since; never been out of your custody since you took it from him? - Never. Q. It was not taken to be weighed by any body? - The custom-house officer took it from me to weigh it. I cannot swear to the coffee. Mr. Knowlys. This coffee is necessarily thrown on the ground to be dried and tared? - It is. Q. The coffee on the floor is not waste coffee? - No. Q. Is that coffee that you found on the man clean raw coffee? - It is good coffee. - RAPER sworn. Q. I believe you are a person in the employment of the customs? - Yes. Q. Were you in these warehouse of Mr. Masheter on the 30th of September? - Yes. We have two floors in the warehouse with coffee in; one a higher than the other. I was in the lower story. I went up on Mr. Willbore's calling to me. When I went up I see some coffee on the floor, which Mr. Willbore told me that he had detected the prisoner with in his hat, and he had thrown it on the floor. I took it up and weighed it, and returned it to Mr. Willbore. Q. That was raw coffee of the same kind as in that warehouse? - Yes. DANIEL CLARKSON MARSHALL sworn. Q. Do you know the proprietors of these warehouses? - Yes. Q. What are their names? - William Masheter, George Bing , Edward Janson, and Thomas Platt . I think so, but I am not sure. Prisoner. What I am indicted for I know nothing of. I leave my defence to my counsel. The prisoner called six witnesses, who gave him a good character. GUILTY . (Aged 28.) Six Months Imprisonment in the House of Correction , and fined 1s. Tried by the second Middlesex Jury before. Mr. Justice HEATH. 496. RICHARD BATELEY was indicted for feloniously stealing, on the 9th of October , two quart pewter pots, value 2s. and a pint pewter pot, value 6d. the goods of Francis Downs . FRANCIS DOWNS sworn. I keep the Golden Lion, Battle Bridge, Pancras . This gentleman was found with my pots. JOHN ELLIS sworn. I am a publican. On October the 9th, in the evening, between the hours of seven and eight, a man came into my house, in Coppice Row, and said, Ellis, I believe there is a man knocking up forae pewter in such a house in Coppice Row; it is a shell of a house, the corner of Bowling Grden Lane, Coppice Row. I went to the window of the same house, and when I came there, the man made his escape out of the door; I pursued him, and took him in Baker's Row. The prisoner, Richard Bateley . Q. How far from the place did you take him? - About a hundred yards. Q. Did you lose sight of him? - No. From that I collared him, and brought him to my house, and set him down in the bar. He had pots in his apron, and he had something in his packets, which I did not take from him. I gave charge of him to a couple of patroles, who took him down to St. James's watch-house, Clerkenwell. I have got the pots here, two quarts and a pint; he had battered them with a brickbat the same way as they are now. Prosecutor. They are my pots. I can almost swear that they were scoured the same day as he took them. There is my name on them all. WILLIAM KNIGHT sworn. Mr. Ellis sent for me to take the man into custody. Prisoner. I was at the White Hart, Battle Bridge. I know the house perfectly well; if I am not mistaken, one Mr. Hamilton keeps it. I went there at one o'clock; I had a sheep's heart drest for dinner, and it being a rainy afternoon I stopped there till half past six o'clock that evening that these three pots were found on me. I believe I can prove I was there at half past six, and coming from the White Hart home to Mr. where I lodge, I found these pots and the bundle I am like wise charged with, altogether. It was in a place where there was a pump, and a little house there. I found the pots; I did not endeavour to nine them; I brought them in my apron along the road; I might have come many different ways not to have come through the town; and in the house that was opposite Mr. Ellis's I went to ease myself, and my foot slipped, and the pots made a noise, and that was what they heard. Whether they was bruised so in the fall, I must leave your Lordship to judge. However, that gentleman comes out to me when I got out again into the road, and said, what have got there? says I, I have got some pots, and he said, whose are they? I said, I did not know, and if they had watched me out, they might have found out whether I was the thief, and most likely the people that were the receiver of these things. I did not make any obstruction to being taken; I went very quickly into the house; he asked me if I would drink some gin? I was then intimidated, not so much for any thing, as for fear of going to prison to be ironed; a circumstance I never experienced before. However, I was taken by two watchmen; I did not appear that they gave any charge against me; I was then put backwards, it was three hours before I was searched; I then had time to ruminate, and consider of the unhappy circumstance. I knew there was a great deal of guilt Implied in having stolen goods in my possession. I had a bundle with me, and there was a hole in the wall, where I might have made away with the bundle, but I did not, but however, after that I was searched; I was taken to the magistrate's, at Hatton Garden, I believe, but before we went into court, they proposed to me to enter on board some of his majesty's ships, or to go for a soldier, and I absolutely must confess, that I was willing; they told me there was no fear if I was agreeable to do that; I told them it was not for fear of guilt, but for fear of being in a prison. I told them I was willing to go, and in any corps that they might think proper, but when I came to have the examination I was denied that. The prisoner called two witnesses, who gave him a good character. GUILTY . (Aged 37.) Transported for seven years . Tried by the second Middlesex Jury before Mr. Baron HOTHAM. 497. MARY CLARK was indicted for feloniously stealing, on the 14th of October , twenty-two yards of printed cotton, value 35s. the goods of William Gillman . WILLIAM GILLMAN sworn. I am a linen-draper , No. 23, Barbican ; I missed the cotton the 14th of the present month. There is nobody here that can identify her person I believe. Q. When did you last see the cotton that was missing? - I cannot exactly say the day; my young man remembers seeing it on Tuesday; I missed it on Wednesday; it is here. WILLIAM PITT sworn. Q. Are you a shopman to the prosecutor? - Yes, I am. Q. When did you see the cotton the last time before it was stole? - The 13th of October. Q. When was it missed? - The next morning. I see a woman in the shop in the afternoon of the 13th, but I cannot swear to her person. I was in the shop. I only know that I missed the print the next morning. WILLIAM HANSON sworn. I belong to the Public Office at Whitechapel. On the 14th of this month I went to Mrs. Clarke's house, and found this piece in the house. Q. Is she a married woman? - Yes. It was open for sale in the shop. She was in custody at that time. She was taken on Tuesday night. Gillman. She was taken in consequence of some other robbery. Q. To Hanson. What shop does the prisoner keep? - A kind of a linen draper's shop ; sells cottons, muslins, and all kinds of those articles. Not GUILTY . Tried by the second Middlesex Jury before Mr. Justice HEATH. 498. MARY CLARKE was again indicted for feloniously stealing, on the 28th of August , eight yards of printed cotton, value 14s. the goods of Robert Macglew . GEORGE ATKINSON sworn. The prisoner at the bar came to the shop of Robert Macglew, on the 28th of August, and purchased some goods. I am a shopman. She bought some printed cottons. After she was gone that evening, we missed eight yards of printed cotton, which is now in custody. We never heard no more of the circumstance till the prisoner was in custody. Q. Are you sure that was not sold to her? - Positive of it. Mr. Knowlys. How much did she lay out in the shop? - About 2l. 15s. within a few shillings. Q. A much greater value than the value of these eight yards? - The eight yards is about the value of 15s. WILLIAM HANSON sworn. Q. You searched the prisoner's house? - Yes. Q. And you found this cotton? - Yes, it has been in my custody ever since Q. Where did you find it? - In the shop, with some other goods. Mr. Knowlys to Atkinson. Your shop is a very well accustomed shop? - Yes, it is. Q. She paid you honestly to the amount of 2l. 15s.? - she did. Q. How long before she entered the house had you seen this cotton - I cannot be positive; to the best of my recollection, it was in the house, and shewn to her, and on the counter at the time, but I cannot be on my oath to that, we had only just had the print in a few days. Q. Wherever that was found, the shop mark was permitted to be on it from the 28th of August to the 14th of October. Mr. Gurney to Hanson. You went to the shop of the prisoner's husband, he keeps a linen-draper's shop ? - She keeps the business, because he goes to sea. Q. But he was in custody with her? -He was. Q. And you found that publickly in the shop? - Yes. The prisoner called eight witnesses, who gave her a good character. Not GUILTY . Tried by the second Middlesex Jury before Mr. Justice HEATH. 499. JANE GIBBS was indicted for feloniously stealing, on the 3d of October , thirty pounds weight of feathers, value 30s. a copper saucepan, value 3s. two woollen blankets, value 2s. two bolsters, value 18d. and a pillow, value 1s. the goods of James Smith , in a lodging room . JAMES SMITH sworn. Q. Where do you live? - No. 7, Orange-street, Swallow street . Q. Do you let lodgings? - Yes. Q. Did the prisoner lodge with you? - Yes. Q. When did she come to you? - Upwards of two years ago Q. Has she lodged with you ever since? - Yes. she had a husband, a painter and glazier by his profession, he has escaped. She had two garrets at 4s. 6d. a week. The man paid very regularly. without it was for the last two weeks, They never quitted my lodgings till she was taken up for the robbery she has committed. I lost the feathers almost out of two beds entirely, one in each garret. One is quite gone, and the feathers are almost gone out of the other. I lost, besides, three pillows, and two bolsters, a copper saucepan, and several other articles, a great many more things than I can speak to. Q. Do you recollect to have seen these things lately? - No, I never was in the room. They never let me into the room. They had a son about thirteen years of age, and if they went out, he always kept the door locked, so that I could not get in. I have found out the pawnbroker's. The duplicates were found on her. I have seen them, and am clear they are mine. ANDREW LOFIELD sworn. Q. Do you know the prisoner at the bar? - Yes, I took in a pillow of her the 20th of December last, 1794, a blanket, the 1st of January, 1794. Prosecutor. I have not seen the so things, but I see a saucepan that was clearly mine. Q. To Lofield. Did you take in the saucepan? - I did not. Not GUILTY . Tried by the second Middlesex Jury before Mr. Baron HOTHAM. 500. JANE GIBBS was again indicted for feloniously stealing, on the 3d of October , a cotton gown, value 10s. the goods of Diana Richards and Charles Richards her son. Q. Are you any relation to Diana? - I am son. My mother is an infirm woman, of seventy five years of age, and lives with me. I support her. Q. Do you know any thing of her losing a gown? - It was missed on the fourth day of October. It was a cotton gown. We found it the next day, the fifth, at the pawnbroker's. The maid servant of mine had seen it on Thursday, and from her information I found it was missed on Sunday. The prisoner came to a lodger that was in my house, that lay in there. She was taken in my house, and the duplicate was found on her. The gown is here, and here is a piece of the same. ANDREW LOFIELD sworn. Q. Have you got the gown here? - Yes. Q. Who did you take in that gown of? - Of the prisoner, on the third of October. She came in and asked me to lend her eight shillings on it, and I lent her eight shillings on it. Q. Did she say whose it was? - No. Q. Did you know her before? - Yes. Prosecutor. I know it to be my mother's. I am perfectly sure there were many other things that I left, but this I know most of. Prisoner. I have nothing to say. GUILTY . (Aged 29.) Transported for seven years . Tried by the first Middlesex Jury before Mr. Baron HOTHAM. 500. LUCY HOARE was indicted for feloniously stealing, on the 16th of October , a cotton gown, value 5s. a linen shift, value 4s. the goods of William Rogers . HANNAH ROGERS sworn. Q. You are the wife of the prosecutor? - Yes. On the seventh day of May, about eight o'clock in the morning, the prisoner came to ask me how I did. She had been a lodger with me about twelve months back. I asked her to stop, and take a bit of breakfast along with me, and after I had my breakfast, I asked her if she would stop in my place while I went to fetch a shovel that a neighbour had borrowed. When I came back she was there, and staid for about ten minutes, and then she went, and as soon as I opened my box, I missed a gown and shift. Q. Whereabouts was your box kept? - In the same room she was in. Q. Was it locked? - No, it was not. Q. When had you seen it the last time before it was stole? - The Monday before. Q. What day did she take it? - Wednesday. The Monday following I found them at the pawnbroker's. WILLIAM WILDMAN sworn. Q. Are you a pawnbroker? - Yes, at Islington. Q. To Prosecutor. Where do you live? - York-street, Pentonville. Wildman. On the seventh of May the prisoner pledged a gown for four shillings. Q. Did she pawn any shift? - No. Prosecutor. I never found the shift. Wildmen. The prosecutor called on me the Monday following, and I gave her the gown. (Produced.) Prosecutor. I know it well; it was bought last Christmas. It is lined with a check apron, which is rather uncommon. Prisoner. Mrs. Rogers has taken an oath to things that I never see; I lodged with Mrs. Rogers very nigh a twelve month, and she asked me one morning to come in and have some breakfast, I sat very near an hour in the room, and I came-out as I went in, and I never brought any thing out with me at all. GUILTY . (Aged 35.) Imprisoned six months in the House of Correction and fined 1s. Tried by the second Middlesex Jury before Mr. Justice HEATH. 503. JOHN MARSHALL was indicted for stealing, on the 2d of October , six wether sheep, price 12l. the goods of William Buswell . WILLIAM BUSWELL sworn. I am a grazier and salesman , I live in Hanging oatley, in the parish of Lamport, in Northamptonshire ; I lost six wether sheep at Hornsey, the 2d of October; they were at keeping in a field there; there were eighty five there in all. Q. When had you last counted them over? - The shepherd had counted them over the evening of the first; they were in keeping of the shepherd, John Shrimpton . JOHN SHRIMPTON sworn. Q. When was the last day you had counted over your master's sheep? - The morning they were lost, and the evening before they were lost. Q. When were they lost? - Thursday night. Q. What day of the month was this? - I don't keep the day of the month in my head. Q. You counted them the over night before they were lost, how many had you then? - Eighty-five was the whole number at first, I missed half a dozen. Q. Were you at the finding of them again? - No, not at the finding of them. Q. Had these sheep any particular mark? - Yes, a cross brand. ROBERT RADFORD sworn. I am headborough. On Friday morning, the 2d of October, about three o'clock three watchmen rung at my bell, and said that they had met Marshall with six large sheep, and some other man with him, that he had crossed away out of their parish, and gone into St. John's, Hackney. Q. What did you do? - I got up immediately, and I went over very near Marshall's house, and one of the watchmen had got to Marshall's; Marshall's house is in the Bell yard, in St. Mary's, Newington, across the road. Q. How far is this place from where the sheep was stole? - I fancy three or four miles; three miles however. Q. Did you see any sheep there? - I came down stairs, and when I came down Edward Wright , one of the watchmen, was talking to Marshall. Q. Did you see any sheep? - Yes, I see six, all with their legs tied, two in the alley, a small alley near his house, one in the open yard before his house, and three in his bed room below stairs; his bed room is on the ground floor. Q. What is he? - He is a butcher. Q. Were these fat sheep? - They were fat sheep. Q. Did you observe their marks? - I have the skins here, there is a cross brand on the hip. I said to him, John, I thought you had got enough of Mr. Stonard with the calf some time before; O, says he, I don't care what any of you may do, I gave four guineas and a half a piece for them, and had given that man that was with him sixpence to help him home; I told him he must go to the cage, he said he hoped not, he did not like to be looked at, I told him he must; I put the sheep in a stable just by, and took him to the cage; he sometime after that wanted me sadly to let him loose; I took him before the justice in Worship-street, he was committed for re-examination. Q. To William Baswell . Did you see the sheep after this? - Yes, in the stable. Q. Were they your sheep? - They were my sheep. Q. Who sent you intelligence of them? - Mr. Jacques, of Highgate; I came to town on Sunday, and I had intelligence; then I came to Smithfield market on Monday, and I went in the afternoon and see them. Q. Had they your mark on them? - Yes. WILLIAM BOREMAN sworn. Q. Are you a watchman? - Yes. Q. On Monday, the 2d of October, what did you see? - I see two men come by about a quarter after two o'clock. Q. Did you know him before? - No. Q. Are you sure it is the same man? - Yes. Q. He came by you at what time? -A quarter past two, at Stoke Newington; he passed me without shoes. Q. Had he any sheep with him then? - No. I said to him, good morning young man, he made me no answer; I said to him again, good morning to you, and I said, if you are going far you will be sore footted, and he said he was almost so already, and I followed him as far as the Brewhouse-lane, between the Coach and Horses, about fourteen or fifteen yards; then I see a man and him meet together, with six sheep, and I said, John Marshall, where are you going with them? he said he was going home with them; I said, you dog, you will come to be hanged; he said he did not care who see him, he gave four guineas and a half for them. Q. Were there any droves that night in the road? - Not before four o'clock in the morning, then there came a drove of lambs by. Q. What happened after this passed between him and you? - Then I went and told my brother watchman, and he came down along with me, and we set of again down the alley where John Marshall lived, and I went down and spoke to John Marshall, and he was tying the legs of the lost sheep, and then I see but five, and I said, John Marshall, where is the other? and he said, it is in the house, Boreman. Q. Were you the person that gave the information to Badford? - No. WILLIAM BARTHUM sworn. Q. Are you a watchman? - Yes. Q. What do you know of these sheep? - When Boreman came up to me, I went down and catched Marshall over one of the sheep in the yard; there were two in the alley, and three he had got in the house Prisoner. I was going along Islington road, and I see these six sheep astray, four in the road and two eating the grass by the side of the bank, and I was going to drive them into the pound, and when I came to the pound I see nobody up, and I thought of taking them home till I could find an owner for them, and as they were obstreporous in the corners, I tied their legs. GUILTY . Death . (Aged 20.) Tried by the second Middlesex Jury before Mr. Baron HOTHAM. 504. THOMAS PARSONS was indicted for feloniously stealing, on the 24th of October , a plane called a plow, value 10s. a rabbit plane, value 1s. a bead plane, value 1s. and adze with a wooden handle, value 1s. a jack plane, value 1s. a hammer, value 6d. and a master, value 6d. the goods of Thomas Waite . THOMAS WAITE sworn. I am a carpenter , I lost a plane, &c. Q. Did you lose them altogether? - Yes, all at one time, the prisoner and I worked together last Friday and Saturday, at one shop, in New Lyle-street,' Leicester-fields . Q. Where did you put these tools? - I put them in sundry places about the house. Q. When had you seen them last, before they were stole? - On Saturday afternoon. I live at Kennington, and the report went from New Lyle-street to Kennington on Sunday morning, between breakfast and dinner time. JOSEPH, HAMMOND sworn. Here are the tools in court, we stopped part of them on the prisoner, coming out of his lodgings in the morning, on Monday last, we had a strong suspicion against him; we searched his lodgings afterwards and found the rest. Q. Did he give any account how he came by them? - No. Mr. Knowlys. Don't say that he gave no account; did not he say he had bought them of one Thomas Weller ? - He gave the name of Thomas Wayland , but he did not say where he was to be found, when he was examined. Q. Has not the officers been after that man? - Not that I know of, I never heard him make mention of a name, he gave in a piece of writing with the name of Wayland, but that was done after ward, not when he was stopped, it was after he was in custody at Bow street. Q. I believe at the time this man left work, he left some of his own tools behind him? - No, he did not. Court to Waite Are those your tools? - Yes, by the marks, I had them stamped, but it has been attempted to be scratched out. The plow I know by a piece being broke off, and I bid it on Saturday in a dark place, where I thought nobody would have thought of going. Prisoner. On Saturday, after I left these gentlemen I went home, I left them between six and seven o'clock; about half after eight on Saturday evening I went out again, and went to a public house; and there was a young man there of the name of Thomas Wayland , and he said to me, Parsons, I have got a quantity of Tools to fell; I was in liquor as well as him; says he, I will have half a guinea for them; says I, I will give you half a guinea for them, and I bought them of him, and took them home. The prisoner called five witnesses who gave him a good character. GUILTY . (Aged 25.) Imprisoned six months in the House of Correction and fined 1s. Tried by the second Middlesex Jury before Mr. Justice HEATH. 505. FRANCIS WARD was indicted for feloniously stealing, on the 28th of September , a piece of muslin containing ten yards, value 1l. 10s. and a piece of silk handkerchief, value 1l. 10s. the goods of Thomas Haton . THOMAS HATON sworn. I keep a linen draper's shop , No. 78, Piccadilly . The 28th of September last the prisoner at the bar with another came walking backwards and forwards before my shop, and stood to look at the goods that I hang cut; after they had looked for some time the witness came and told me that the two people had taken some goods at the door; I immediately goes and looks after them down Half Moon-street, and see the piece of handkerchiefs and the piece of muslin under the prisoner's coat; I see them both under his coat, I stopped him, just as I came up he let them fall. (Produced and deposed to.) MARY WESTON sworn. I was sitting at the next door but one, at a stall, and I saw two men come and sit down at the next door to the gentleman's shop, and one says to the other, it is very good; and they went off and came back again, and they looked to see if the place was clear, and I see the prisoner take the blue handkerchiefs and something white, which I did not know what it was, and I went and informed Mr. Haton; he took it all and wrapped it up together and bundled it in his apron, and put it under his coat, and ran down Half Moon-street; I did not see him taken, for I immediately went to mind my own things. Prisoner. I was going along, and this gentleman that I was with took these things down and gave them me, and told me to carry them home for him, and said, he would fellow me, and directly as he see the gentleman coming up, he ran away, and when I see him run away, I threw the things down. GUILTY . (Aged 26.) Imprisoned three months in the House of Correction and fined 1s. Tried by the second Middlesex Jury before Mr. Baron HOTHAM. 506. JOHN NOTTS was indicted for burglariously breaking and entering the dwelling house of Thomas Lawrence , the younger, about the hour of three in the night on the 23d of October , and burglariously stealing therein, two wooden casks, value 4s. nine gallons of gin, value 4l. three gallons of oxmore, value 1l. 7s. twelve case bottle, value 3s. and twelve quarts of port wine, value 1l. 4s. his property . (The case opened by Mr. Knowlys.) THOMAS LAWRENCE sworn. Q. Do you keep the Crown and Anchor Inn, at staines ? - Yes. Q. Was your house broke open at any time? - Yes, between the hours of one and five on the 22d. I was the last person up. Q. Were your windows and doors secured on the 22d? - Yes, I went to bed about half after eleven. Q. Were you the first person up in the morning? - No, the servant was up before me, and came and alarmed me a little after six. Q. Was it day light at the time the alarm was given? - Yes. I found the cellar door open, the lock wrenched. Q. Is that within side of the house? - Inside of the house. Q. Could you at all perceive how they had had got into the house? - They had taken an iron bar out of the cellar window which opens into the stable yard, and by opening the cellar door which opens into a passage, which has the whole range of the house. Q. How did you find that cellar door? - I found it wide open. Q. Did you know of your own knowledge whether that cellar door had been fastened the over night? - I am confident of it, I double locked it myself. The lock of the door was not put back, it had been wrenched by forcing the staple; I also found the door open that want into the stable yard, there they had a proper conveyance for taking away the property. Q. Had you fastened that door that goes into the stable yard at night? - It was fall then. Q. When you examined your premises did you find any thing missing? - Yes, I lost a cag of gin, also a cag of compounds called oxmore. Q. About how many gallons did they comain? - I cannot positively say; there was about three gallons lest of the oxmore. Q. And how many gallons of gin? - Nine gallons. Q. Did you lose any thing besides? - Yes, a great quantity of red wine in bottles, I cannot exactly say how much. I rather suspected one Clarke and got a search warrant to search his house in the afternoon of the 23d. Q. Did you find any of your property at Clarke's? - Yes, a dozen of wine. Q. In consequence of any thing that Clarke said, did you afterwards see the prisoner? - Yes. In consequence of what Clarke said they went to the prisoner's house, the King's Head. Q. Did you go with them? - No. Q. What is the prisoner? - He keeps a small public house at Staines. Q. How far from your house - A quarter of a mile. Q. Is it a house where they sell wine? - I don't know really, indeed. Q. Were you present at any time with the prisoner at the bar, when he said any thing? - Yes, after the prisoner was confined by the constable, at the public house. Q. At his own public house or another? - At another. The constable sent for me after they had taken him, to see if I could find any of my property; nothing was found in the prisoner's house. Q. Then you afterwards went where they had the prisoner in confinement? - Yes. Q. Did you, or any body in your hearing make him any promise, or threaten him, to induce him to say any thing? - No. Q. Then tell us what he said. - He said, if we would loose him and not keep him in confinement, he would pay me for my loss; afterwards he said that he had seven or eight bottles of my wine in his possession, which he would surrender up, and that he had sent a person for them to take them to my house. Q. Is that all you know about this man? - The same day, but before I fetched the search warrant, I called at his house and had part of a pot of beer with him; after he was taken into confinement he said he was sorry that he had not told me more of the case, at the time I was drinking the beer with him, that he might be admitted a King's evidence. Mr. Cullen. What time of the day was this? - In the evening, after his confinement. Q. When did you get the search warrant? - On the afternoon of the 23d. Q. Who lives in the house with you? - My wife's father. Q. What is his name? - Spring. Q. Is the house your's? - I went it. Q. Are you alone answerable for the rent? - I am. Q. It was day light when you got up, therefore you cannot say at what time they broke the house open? - No. THOMAS LAWRENCE sworn. Q. I believe you are constable of Staines? - Chief constable. Q. Did you go with any search warrant in consequence of any information that Mr. Lawrence's house had been broks open? Had you the prisoner at the bar in your custody? - Yes; I went to the house, and his wife denied him. Q. At what time did you apprehend him? - Between eight and nine, the evening of the 23d. I took him to the Blue Anchor public house, and he declared to me that he would pay all the expences, that he would pay the landlord for the wine and liquor that was lost, and he would pay the constable and every one for their trouble; he would pay all expences, rather than be taken to gaol to be made an oration of. Q. Did he say any thing else at any time? - He mentioned it several times to me. After his commitment to Shepperton, I asked him to give up the liquor, as the landlord was as young beginner. Mr. Cullen. Be so good to tell us what past before he made this confession; perhaps you made some oration to him? - No. Q. I suppose you did not tell him that he had got into a bad scrape, and had better do something to get out of it? - I had sufficient trouble to secure him. Q. Perhaps you had sufficient trouble to get this confession? - No, quite the reverse. Q. You are sure you did not tell him? it would be better for him? - I am certain I did not. Q. Perhaps you told him it was but a flea bite, that he might confess every thing? - My answer to him was, that he had better hold his tongue, and say nothing, for Clarke had turned evidence. Mr. Knowlys. Now tell us what you said to him and he to you about this wine? - After he came out from the bench and was committed, I said, Nott, you had better give up this wine to the landlord, for he was a young beginner, and could not well bear the loss; and his wife told it was not in the place where he put it. SAMUEL CLARKE sworn. Q. You are admitted an evidence on this occasion. Now tell us the exact truth; tell us every thing that past, who was concerned with you, and what you did; what time you did it, and all about it? - About one o'clock in the morning I was called up by one Wingrove, Friday morning; we went and broke the bar of Thomas Lawrences window; Wingrove broke it, and we got into the cellar where his liquor was; they put me in, and Wingrove and Notts they stood outside, at the window, while I opened the door to let them In. Q. What did you do after you got in? - I asked the liquor and took some away. Q. What did you take away? - A cask of gin, and a cask of cordial, some red port, and I believe there was some white. Q. What was the port in? - In bottles. Q. About what hour was it you broke in? - Between one and two. Q. How long did you stay in the house? - About half an hour. Q. What became of the liquor and wine after you had got it? - Carried it down to Notts's house. We shared the wine. Q. What became of the liquor? - We carried it over into the Heath, opposite the house, and buried it. Q. Has it been found since? - Yes. Q. Who got the liquor afterwards? - The landlord, Thomas Lawrence; I told him where to find it. Q. Do you know how many bottles of wine you had apiece? - We shared it at Notts's house; I had twelve, the rest had eight apiece. I was taken up the same day, Friday evening. Q. Did you discover this matter then? - Yes. Q. To save yourself, I suppose? - I did not think much about saving myself. Mr. Cullon. You are positive that Notts was with you when you broke open the house? - No, we went and called him up after. Q. You and Wingrove broke the house? - Yes. Q. Were was Notts? - At home. Q. Then afterwards you went and called up Notts? - Yes. It was agreed upon the over night. Q. If ever you did say that Notts was with you when you broke open the house, it was not true? - I never did say so. Q. Perhaps you did not say so before the justice? - No. Q. Then perhaps, if the justice has taken it down so, he took it down false? - I never said so. Q. Then you never said Notts broke the bar with you, but that you and Wingrove broke the bar together, and then you wentand called up Notts. You desire to be believed by the truth of what you have now sworn? - Yes. Q. Then how came you to tell my friend just now that Notts and Wingrove put you into the cellar? - So they did. Q. When you gave information of the prisoner at the bar having been concerned in this, you did not know that it would do you any good? - No, I did not know any thing about it; all the gentlemen round persuaded me to tell. I did not know any thing about saving myself. Q. You knew that you had been guilty of burglary? - Yes. Q. Did not you know that you deserved to be hanged for that? - I did not know that. Q. Perhaps then as you did not know that you deserved to be hanged for breaking open a house, you did not know that there was a reward? - No. Q. Pray what is your business, Mr. Clarke? - A day labouring man. Q. You never laboured in the night? - This night I did. Q. How many nights before in that week? - None. Q. How long have you been a day labourer? - Ever since I was bred up, and turned out to service twelve or fourteen years ago. Q. Then what do you mean by a day labourer? - I work for my bread. Q. What was you before? - Lived in service. Q. Do you know a man of the name of Betster? - Yes. Q. Do you know a man of the name of Drake? - Yes. Q. Perhaps you gave information of something that they had done some time ago? - Yes. That was three sacks of malt; that was Betster and John Notts . Court. We cannot go into that. SAMUEL DALE sworn. Q. I believe you are a constable at Staines? - Yes, a petty constable, Mr. Lawrence called me up on Friday morning, and said, that his house had been broke open; he asked to go to the magistrate and get a search warrant, which I did; I got the search warrant and went to this Clarke's house, and found twelve bottles of red port, to the best of my knowledge. Q. Did you afterwards see the prisoner at the bar? - Yes, I see him after he was taken up; he was in my custody a time. Q. While he was in your custody did he say any thing? - He offered to give up eight bottles of wine, rather than have any more piece of work about it, or words to that purpose. I likewise had the two casks that are here, at the bench of justices they told me to give the landlord the liquor. Q. Who put them into your custody? - The headborough, I believe; and I put a dark lanthorn into my pocket, which I was told belonged to John Nott. Q. Were the casks empty at the time they were produced? - No, I had them full some time, under lock and key, at my house. PHILIP BRIDGER sworn. I am headborough; I was informed, by Samuel Clarke, that the casks were bid on the Heath. Q. Did you find them according to his information? - Yes. Q. Had they liquor in them at that time? - Yes, they had. We carried them to the magistrate, and the liquor was returned to the landlord, Mr. Lawrence, and the casks were brought here. Q. Did you go to Notts's house? - Yes, I went and searched the house on Friday; I found a dark lanthorn. Q. Did you give that lanthorn to Dale? - Yes; I found it in his garden, adjoining to his dwelling house, covered over with some dirt. Prisoner. I am innocent of the affair; I said, before I would go to prison, I would sooner pay the value of the things that the man lost. The prisoner called one witness who gave him a good character. GUILTY, Of stealing to the value of 39s. but not of the burglary . (Aged 27.) Transported for seven years . Tried by the first Middlesex Jury before Mr. Justice HEATH. 507. JOHN HARRIS was indicted for burglariously breaking and enter ing the dwelling house of Henry William Dinsdall , about the hour of ten in the night of the 6th of October , and burglariously stealing therein, a gold watch, value 10l. a cornelian seal set in gold, value 10s. a steel watch chain, value 8d. a gold watch key, value 2s. a gold bed hook, value 2s. one hundred and twenty-five pounds weight of sewing thread, value 80l. and twenty-five pounds weight of sewing cotton, value 20l. the goods of the said Henry William Dinsdall . HENRY WILLIAM DINSDALL sworn. Q. Where do you keep house? - Queen-street, Cheapside . Q. Was your house broke open at any time? - Yes, on the evening of the 6th, between nine and ten, on Tuesday; nobody was in it. Q. What time of the day was it you left it? - Between seven and eight as usual; it was quite dark, and in the first place I placed my watch in the desk and locked it; I then double locked my warehouse. Q. Where was this desk that you locked? - In my counting house, at the bottom of my warehouse, I then locked the street door; I then went to one of the witnesses, Thomas North , whom I had employed to sleep there, as I had done several nights previous; after which I see no more of the premises till the next morning. Q. Was every part of this house and warehouse windows and doors fastened, before you went out? - Yes, they were. Q. You are not aware that any part was left open? - I am not. The next morning, between seven and eight, I found my warehouse open; I observed a great part of my property moved from their respective places; I observed like wife two large bags completely filled with my property, laying near the warehouse door, filled with threads and tapes, sewing thread and sewing cotton. The next thing that I observed was my desk broke open; I examined it and found my watch was gone; it was a gold repeating watch. Q. Did you lose a cornelian seal with it, a steel watch chain, a gold watch key, and a gold bed hook? - Yes; I have recovered the seals, and bed hook, and bed key. Q. The other property, I understand, was not removed out of your house? - It was not. Q. Are you perfectly sure from the observation that you made, that the property that you see in the morning, was removed in the course of the night? - I am perfectly sure of it. The bags were not my property; I never see them before. Mr. Knapp. All these things, excepts ing the watch, was only put into the bags and not removed out of the house? - That I cannot speak to, because there were other persons in the house before me. Q. This house was in a state of repair, was it not? - It was not. I had only a few days taken the house; I had never slept in it. Q. Had you ever left this house without any body in the house? - I had, but not for five or six nights previous to this robbery. Q. Since the time that you left your house empty, had you seen all the things that you have described to be found in bags? - I have not a doubt but I have; but I cannot speak particularly. Q. The very night this business was done, you went out and left North in the house? - I did not; I went to his house and delivered him the key, in St. Ann's-lane, near Maiden-lane, Wood-street. Q. We know that St. Ann's lane, and Queen street, Cheapside, are at a considerable distance? - Some distance. Q. It may be ten minutes walk there and back again? - It may. Q. During this time that you went to give the key, the house was left empty? - It certainly was. Q. Did you return to the house with North? - I did not. Q. Then you don't know, in point of fact, when North returned to the house? - I certainly cannot speak to that. Q. How long previous to this robbery had North slept in your house? - Only a few nights, North and Chamberlain. Q. What is North? - A hair dresser. Q. What is Chamberlain? - He is the same. Q. They are not servants of your's? - They are not. THOMAS NORTH sworn. I am a hair dresser; I slept in this house the night it was broke open. Q. Who brought you the key? - Mr. Dinsdall, about twenty minutes before eight. Q. How soon did you go to the house? - About ten minutes before ten. In putting the key into the door I discovered the door to be on the single lock; it rather startled me, as every evening before I found it double locked; immediately the key was in I opened it and sees a glimmering light in the passage, and I says to another young man that went with me to sleep there, there are thieves in the house; his name is James Chamberlain ; he immediately says, pull to the door. We endeavoured to pull to the door and double lock it, to keep them in, but they over powered us, and opened the door and rushed out. I don't know how many were in the house; I see two men come out; I know one to be the man, for I caught hold of him as he came out; I cannot speak to the other. Q. Was there any light in the house at the time? - None but the light of the dark lanthorn, in the hands of a person, when we opened the door. As he came out of the house I caught hold of the man at the bar, and with the force of his coming out, he sent me to the ground; I had hold of his coat at the same time, but I was obliged to leave go his coat; in the mean time he got the other side of the way; I fell to the ground on my side, by his rushing out; I was obliged to loose my hold to recover myself, by that time he gained the other side of the way, and I caught him by the flap of his coat again before he got to the pavement, and there I held him, till. I gave him in charge to the constable; he ran some little distance. There was not a foul about, that it was impossible for me to be mistaken in the man that I laid hold of. The other young man pursued the other, and I kept this in my eye. When the constable took charge of him, he took him into a public house and searched him; he had nothing about him; but while I had hold of him, he rummaged his pockets for something, and he slipped his hand between his thighs and dropped something, which founded to me like keys, and there were some pick lock keys brought to us in the house. Q. Where was it he dropped something? - In Queen-street, the corner of Watling-street; I see his hand, but I did not see what he had got in his hand. Q. How soon were the pick lock keys brought in after? - About two minutes. Q. Is the person here that brought them in? - I don't think he is; he was a person that came up promiscuously, and I don't think we have seen him since. I see him to the counter; we went back immediately to the house, after I had been to the counter. Q. What became of the other prisoner? - He got out of the other young man's hands; he was not taken. The other young man got back before me; when I got back, there was a bag with a number of goods packed in it in the passage, and another bag in the warehouse on the floor, about three parts full. I went to the little compting house, and there I perceived the strews had been wrenched out of the halps of the little desk. Q. Was there any violence done to the door of the house? - Nothing at all. They must have got in by pick lock keys. Q. Was it light or dark when you got there? - It was a dark night; we could see by the light of the lamps ten or twenty yards. Mr. Knapp. We understand from the prosecutor that he left the house between seven and eight, and you were there about ten, so that there were two hours elapsed between the time that the prosecutor left you the key and the time you went there? - There was. Q. You pursued the prisoner at the bar? - I did. Q. Chamberlain's attention was not directed to the prisoner, it was after another man? - It was. Q. I believe the keys that were found were found after the prisoner was in custody? - After I had got him. I could not perceive what it was dropt, but I heard the rattle of something like keys, and I see him rummage his pockets. Q. This was the sixth of October, and about ten at night, dark of course? -Dark, so as you might see by the lamps. Q. The night was dark without the lamps? - It was. It was a wet night, but free from rain at that time. Q. You told my lord just now that there was no other light but the light of the dark lanthorn? - Not in the house. As I opened the door there was no other light that I could see but the dark lanthorn, and that was in the man's hand. Q. You endeavoured to pull to the door? - I did. My partners had hold of the nob of the door, and I had hold of the key, but that was not so strong a purchase as they might have on the inside. Q. But however, notwithstanding that, they rushed out, and you was down in a moment? - I was. Q. What became of the lanthorn? - It was found in the house afterwards. There is a lamp directly opposite. Q. Queen-street is a wide street you know? - Just room for two carts to pass. I could evidently see any person that was coming up or down the street for ten or twenty yards. Q. Do you mean to say, that at the distance of ten or twenty yards that you could discern a man so as to know him? - I don't say so, but he was not two yards from me. Q. Had you ever seen the prisoner at the bar before in your life? - Never, but it was all momentary, and he was in custody momentary. Q. Don't you know that the life of the man at the bar is at stake in this prosecution? - No, I cannot say that. Q. Then I tell you that his life is at stake; on your oath do you mean to swear to this man under these circumstances? - I do, I can do it, I have done it. Q. Have you ever heard there is a reward in the case of conviction, where a house is broke open? - Yes, I have heard such a thing. Q. What sort of a reward, how much is it? - According to the circumstances. I have heard there is a reward of forty pounds if the man is to be hanged. Q. Pray, sir, what may you be? - I am a hair-dresser, and keep a house in St. Ann's-lane, and the man that I lived with I lived with till I was in business for myself. JAMES CHAMBERLAIN sworn. Q. Did you go with North to the prosecutor's house? - I did. As soon as North came to the door, we were alarm ed by a glimmer of light, and North and I attempted to pull the door to, but we were overcome by somebody inside, and they with force rushed out upon us. The first man that came out was the man I struck at, that made his escape. I pursued him across the road, and he presented something to me which I thought to be a pistol. Q. What became of the other man, do you know? - I know not, only that North had hold of him. I see him lay hold of a man that came out of the door. Q. The man that North laid hold of was taken to a public house? - Yes. Q. As soon as you lost your man did you return to Dinsdall, or go to the public house? - I returned to Dinsdall, and from there I went to the public house. Q. Was the door open when you returned? - It was. I did not enter it before I went to the public house, and got a light in a lanthorn, the Three Cranes, in Queen-street. Q. Did you see the prisoner at the public house? - Yes, I see North have hold of him at the public house. Q. Did you observe any thing else, were there any keys produced? - Not while I was there. Q. Did you go back to Mr. Dinsdall's? - I did, with the light. I found a large pack of goods in the passage, tied up, and another pack in the warehouse, three parts full, and found the desk in the counting house broke open, and a few halfpence scattered about it, with a locket; there was a variety of goods lay scattered about the warehouse, and a dark lanthorn between the warehouse door and the passage. Q. Was there any light in the dark lanthorn, or had it been put out? - Put out. Q. Did the candle appear as if it had been lately burning? - Yes. Q. When we searched the house we heard there were three men, but we could find no other. Q. There was nothing disturbed in the upper part of the house? - Nothing in the world. Mr. Knapp. Were you present when the prisoner was searched? - No, I was not. Q. There was a considerable brush out of the house? - There was. Q. Were you thrown down? - I was not. Q. You don't undertake to swear to the man that North took? - I do not. I see him take hold of a man, but who that man was I cannot say. RICHARD WOOD sworn. I am a scale beam maker. On the 6th of October, Tuesday evening, it may be some little before ten o'clock in the evening, I had just done supper, I thought I heard rather more noise than usual. I opened my door, and found a man of the name of North had a man in possession by the collar, and I was given to understand that he had made his escape out of the next house to mine. Q. Look at the prisoner? - That is the man. We went into the public house which is next door, and there he was searched by one Wright, a watchman; I went with him to the counter. I see the keys and a dark lanthorn; the keys were brought into the public house, one part picked up in Queen-street, and the other part in Watling-street. They were brought into the Three Cranes. Q. Who has kept the keys ever since? - I believe Wright, the constable. JAMES RUSSELL sworn. I am a stationer. I see the man on the sixth of this month at the Fleece, in Well-court, in company with another man, about a quarter after nine at night, or near ten, he called for six penny's worth of gin and water; he sat down for about five minutes, and another man came and pushed the door open, and then the other two immediately went out, after having a glass of gin at the bar altogether. They went out together. About half an hour after that I was sitting at the Fleece door, and I heard a noise in Queen-street, and I immediately went out and see the prisoner now at the bar in the hands of North. Q. How far might this public house be in Fleece-court from the house of Dinsdall? - I take it about one hundred and fifty yards. Mr. Knapp. What time was it you saw the prisoner come into the Fleece? - About nine o'clock. Q. How long was it before the other man came in? - There was one man came in with him. Q. How long were they in before the third man came in? - Three or four minutes. Q. What are you? - A stationer. Q. Were you sworn before the justice? - I was. JOHN WRIGHT sworn. Q. You are an officer; you were at the Three Cranes this Tuesday night? - I was. I heard call stop thief. I am patrol and constable, but I was not on duty. I was drinking a pint of beer. I left my beer on the table, and ran out of the public house, and I see John North have hold of the prisoner. I assisted them. I asked John North what he had done, he said, broke open a house. Q. Did you search him? - I did. I found nothing but a proper house key. Q. Were there any other keys produced or brought there? - There were. Mr. Knapp. Who did you have them of? - I don't know. Q. What time do you go on your beat? - Ten o'clock at that time. Court to Prosecutor. With regard to your chain and some other parts of your watch, where did you get that? - From two men that are here. Prisoner. I leave it all to my counsel. If Mr. North takes on himself to swear that I am the person that came out of the house, it is very little use to say any thing. GUILTY, Of stealing, but not in the dwelling, house, nor of breaking and entering .(Aged 36.) Transported for seven years . Tried by the London Jury before Mr. RECORDER. 508. MARY BRADBURY was indicted for feloniously stealing, on the sixteenth of October , a hand axe, value 5s. the goods of William Hawes . WILLIAM HAWES sworn. I am a coach wheelwright . I lost an axe the sixteenth of this month, in the shop where I work, Mr. Lever's, Durham-yard . I see it within an hour before I missed it The prisoner and several other people were waiting there for chips and pieces of wood that we sell there as waste. We had lost four axes there before, and from the last being lost from where the prisoner sat, we suspected her. Q. Where did you find the axe? -Under the prisoner's clothes, on the ground, immediately as I missed it almost, within five minutes or less; I did not see her take it, but she sat close to where I used it; the people were gone for chips to the other shop, and I hallooed out to my shopmates, and said I have lost another axe, and I went and found this axe under the prisoner's clothes, forty yards distant from where I left it; when I found it under her clothes I sent for the constable, and took her up, the axe is here, the officer has got it. WILLIAM OVERTON sworn. I see the axe under the prisoner's apparel, she had a great cloak on, and a dirty bag about her, but in what manner the axe was concealed I cannot say, I see the axe fall from under her apparel, I am very certain it fell from her, and no one else; there were several people near her. - sworn. I know nothing further than I happened to stand by and see the axe drop on the stones, but I did not know what it was then; I see it after the search. RICHARD WILLES sworn. I know nothing of the business, I only have the property.(The axe deposed to.) Prisoner. I went up to get some chips, we went from one shop to another, there was a matter of sixteen of us, there were not enough to serve; and that man came up and said he would make a search, for he had lost his axe; I said, let us be searched then, and the hatchet was found inside of the place; as for the hatchet I never see it in my life; I am thirty-seven years of age, and never was in goal all my life; that woman that he has brought to swear against me, was not nigh me, she was in another place. Not GUILTY . Tried by the London Jury before Mr. Baron HOTHAM. 509. JANE BARRY was indicted for feloniously stealing, on the 30th of August , two black silk cloaks, value 1l. 10s. seven yards of printed cotton, value 1l. 1s. a black stuff petticoat, value 10s. two silk gowns, value 2l. seven yards of silk, value 7s. four linen shirts, value 8s. seven linen clouts, value 7s. a linen apron, value 3s. seven pair of men's cotton stockings, value 14s. a child's linen bed gown, value 1s. 6d. five yards of linen, value, 3s. two linen shirt sleeves, value rs. a pair of black silk stockings, value 2s. two linen pillow cases, value 2s. a linen sheet, value 2s. a pair of black silk gloves, value 1s. four linen childrens caps trimmed with lace, value 2s. and a guinea ; the goods, chattels, and monies of Eleanor Froggatt . JANE BIRCH sworn. Q. Are you the wife of William Birch ? - Yes; he is a carpenter. Q. You lost a good deal of your property; in whose house was it? - Eleanor Froggatt 's house, a widow . Q. Where did she live? - In Market-court, by Oxford-market ; I left there on the last day of August, in the one pair of stairs back room; it was my own apartment, I rented it of this Froggatt. Q. When did you miss your property? - Four days after the last day of August; I went out and left the apartment safe, as I thought; I staid away four days. Q. What was the prisoner at the bar? - A lodger in the house. Q. Are the things that you lost here in court? - Yes, some of them that I found at the pawnbroker's. I left my door very safe, not apprehending any danger, and when I went in at my door, the first thing I see was, my pocket book, which I found broke-open, and the guinea gone; the next I found was two boxes broke open. Q. Had they been locked? - Yes. The next thing I turned my head and see my three drawers lay in different parts of the room; the case was never up the stairs, because it would not go up, but the drawers stood one on another in the room when I left them, but when I see them they were in separate parts of the room; I found nothing in them, but stripped of every thing but one blanket. Q. Was any property left in the drawers? - Yes, every thing mentioned in the indictment was all there safe, I observed nothing else, but a piece of linen that is here, on the floor, that I picked up, I picked up my child's clothes all over the room, when I came in. SARAH BENSON sworn. I am a soldier's wife; Jane Barry gave me the duplicate of a silk cloak, which was at Mr. Jones's, Tottenham Court-road, for me to go and sell the cloak to Mr. Jones, out and out; he would not buy it; I came to my lodgings, at Mrs. Froggatt's, and told Mrs. Froggat what sort of a cloak I had seen; it was left in pawn, and Mrs. Froggatt told me it was Mrs. Birch's cloak; the next morning I took the remaining duplicates from her that she had, and I delivered them up to Mr. Kennedy. ELEANOR FROGGATT sworn. I am a widow, I keep a lodging house; Mrs. Birch lodged in my back room, and this young woman, the prisoner, in the front; Mrs. Birch used frequently to go out and sleep with her husband, and she used to leave a blind child in my room, and so I desired her to quit my lodging, and she was moving away for two or three days before she went away, then she came back again and said she was robbed of all her things and she went and had a search warrant, and had I, and Jane Barry , and my daughter up to the justice's and we were discharged, and the next day after there was a duplicate of a coat found. WILLIAM JONES sworn. Q. Are you the pawnbroker? - I am. Q. Do you know the prisoner at the bar? - Yes, she and two more came to pawn this cloak, to the best of my knowledge there were three of them; she pawned the cloak for ten shillings and sixpence; I have got it now. (Deposed to.) JAMES KENNEDY sworn. I am a constable belonging to Marlborough-street office; I know nothing but taking the prisoner into custody, and having duplicates which I received of Sarah Benson. Prisoner. I know nothing about it at all. GUILTY, Of stealing to the value of 5s. (Aged 19.) Transported for seven years . Tried by the second Middlesex Jury before Mr. Justice HEATH. 510. GEORGE CHESHAM was indicted for feloniously stealing, on the 25th of September , seventeen yards of woollen cloth, value 2l. 15s. the goods of James Gibbs . JOHN BARRETT sworn. Q. Do you live with Mr. Gibbs? - Yes. Q. What is he? - A man mercer , No. 84, Oxford-street . On Friday, the 25th of September, between the hours of one and two o'clock in the afternoon, I see a suspicious person, the prisoner, standing near the window; he came and laid hold of the cloth several times, which was outside of the door, between two simicircle windows. I went out, the prisoner stood looking at the window, and he walked off while I was out, and then he came back again, and he did that two or three times; I went away, and when he see an opportunity he took the cloths; I was inside of the shop, looking through the window, and I see the prisoner take the cloths, and put them underneath his arms; on seeing of this I went out, and could have taken him myself if I had not called out stop thief! but I called out stop thief! and he immediately dropped the cloths, and turned up Winslow-street, and he was taken in Adam and Eve-court, but was never out of my sight from his taking away the cloth to his being taken.(Produced and deposed to.) Prisoner. I was walking down Oxford-road, and heard them call out stop thief! and went to see what was the matter, and this man came and laid hold of me in Adam and Eve-court. Prosecutor. I see him take them, and I was not so far from him as I am from this table, when he dropped the cloths. GUILTY . (Aged 19.) Transported for seven years . Tried by the second Middlesex Jury before Mr. Baron HOTHAM. 511. CATHARINE FOSTER was indicted for feloniously stealing, on the 15th of October , six silver tea spoons, value 14s. a cotton gown, value 5s. a muslin apron, value 2s. a linen apron, value 1s. a linen handkerchief, value 6d. three muslin handkerchiefs, value 18d. and a pair of cotton stockings, value 18d. the goods of Daniel Faysaux . MARGARET FAYSAUX sworn. Q. You are the wife of the prosecutor? - Yes. Q. What is your husband? - A gentleman's servant ; the prisoner lodged in my house, the garret, she stole the property out of my own room. Q. When did you see them last, before they were stole? - The same morning. Q. When did you miss them? - The same day, Monday, the 12th of this month; I found them on her, the duplicates were in her pocket, and some of the wearing apparel she had on. Q. Had she left your lodgings? - Yes, the same day; she was taken up in the Park. THOMAS HYNDES sworn. I am a pawnbroker. Q. Do you know the prisoner? - I believe it is the same, I cannot positively swear; a young woman came to our house to pawn an apron. Q. Who produced the things that were found on her? - Moore, the constable. MOORE sworn. On the 13th I was sent for to Mrs. Faysaux's house; when I came there the prisoner was there, I found the duplicates on her, there was the key of her room found on her, which belonged to her lodgings; I found a handkerchief on her which is here; we went to her lodgings, and found a gown and two other handkerchiefs, a muslin apron, one cloth apron, a pair of cotton stockings, and six silver tea spoons; I have had them in my possession ever since.(The things deposed to.) Q. Did you find the spoons on her? - I found the duplicate, and found that it was at the pawnbroker's, and Mrs. Faysaux found them. BROWN sworn. I am a pawnbroker, I took in the spoons of the prisoner. Q. You are sure of that? - Yes, I am. Prisoner. It was distress that drove me to it, for the prosecutrix keeps a bad house. GUILTY . (Aged 15.) Transported for seven years . Tried by the second Middlesex Jury before Mr. Justice HEATH. 512. JOSEPH HOLDER was indicted for feloniously stealing, on the 17th of October , a wooden work bench, value 4s. a wooden mop reel and stand, value 4s. an iron anvil, value 2s. an iron hammer with a wooden handle, value 6d. a pair of iron pincer, value 4d a man's leather strap, value 1d. the goods of William Bloomfield . WILLIAM BLOOMFIELD sworn. I am a brush maker and turner , in Aylesbury-street, Clerkenwell ; I missed the property on Sunday, the 17th of this month, from my shop; I keep the shop myself; I see the things the Friday before, about twelve o'clock. Q. Why do you suppose the prisoner took these things? - I had no other in my house that I could suppose had taken them besides; I procured a search warrant, and found the things on this prisoner's premises, on Monday morning as I missed them on Sunday. Mr. Alley. Have you ever been in this court before? - Never on this business. Q. On some other business? - I never was here on any business of this denomination, I never was here as a prosecutor. Q. Were you ever here as a prisoner? - were you ever standing at that bar? - Yes. Q. Be kind enough to tell me how long you have known the prisoner? - I have known him from the 3d day of June. Q. Have you ever been in partnership with any body? - Never. Q. Did the prisoner at the bar live long with you? - He has lived with me, but as a partner. Q. Recollect sir where you are, what a serious tribunal you are standing before; how did he live with you? - As a servant from the 3d of June, but as a servant in the house from the 1st of August. Q. Has not that person participated in the profits of your business? - Never. Q. On your oath were there not articles of agreement entered into between you and the prisoner at the bar? - Never executed, there were articles drawn up. Q. Never signed, sealed, nor delivered, that is what you mean? - Never signed, sealed, nor delivered. Q. Do you know an attorney of the name of Banden? - I did. Q. Upon your oath did he not draw up these articles? - He did. Q. What do you mean then? for God's sake tell us; when you came to accuse that honest man of felony? - I do not understand you. Q. Now my good friend, I ask you on your oath, was not that man acting as a partner in your house? - Never. Q. On your oath did not you go to that man and his wife, and seduce the articles of agreement from them? - Never. Q. What did you go to that man's wife for? - I do not understand you. Not GUILTY . Tried by the second Middlesex Jury before Mr. Baron HOTHAM. 513. MARGARET KENNEDY and ANN KENE were indicted for feloniously stealing, on the 17th of October , a silver watch, value 35s. the goods of William Kirkpatrick . WILLIAM KIRKPATRICK sworn. I am a painter . Q. Did you light of the prisoner at the bar? - Yes, on the 17th of this month, Wednesday night, I believe it was between the hours of eleven and twelve; in Holborn; I was a little in liquor. Q. Who were you with? - With William Yeates , that young man that stands here; they took us to Baldwin's-gardens ; there were two of them, and I gave one of them eighteen-pence to let me stay all night with her, that was Ann Kene ; I did not sleep with her, but I expected so; I lost my watch, I knew I had it in my pocket, it was a silver watch, I felt it in my pocket in the room, and had the chain in my hand. We went to bed, but we did not take off our clothes, we only took out coats off; about five o'clock I awaked, and my watch was gone, and they were both gone. Q. Were you in bed with both? - Yes. The next morning when I lost my watch I was making enquiry in the house, and about the door, and there was some man told me where I might find them; I got an officer, and I went and found one of them in a house belonging to one Elizabeth Fowler ; Elizabeth Fowler pawned the watch, as I understand, and she was taken into custody because she could not find security. WILLIAM YEATES sworn. Q. You were in company with the last witness? - Yes. Q. You were both very much intoxicated? - Yes. Q. You went with this woman to Baldwin's-gardens? - did you spend your night there, in the same room with the other witness? - Yes. Q. And the same bed? - Yes. Q. What time did you awake in the morning? - About five o'clock. Q. Were the women gone? - Yes. JAMES SIMMONS sworn. Q. Are you a pawnbroker? - Yes. Q. Do you produce a watch? - Yes. Q. Who pawned it with you? - Elizabeth Fowler. Q. Did you see the prisoners at the bar? - Not till their Examination. Prisoner Kennedy. That tall gentleman met with us in Holborn, and came home with us, and he laid himself on the bed, and insisted on laying there; and see had nothing but a few halfpence, and we would not go to bed with the gentlemen, until they would pay us; they laid they would pay us four shillings a piece in the morning, and he gave me a watch in my hand, to pawn it until the morning, and I gave it to this woman, Fowler, to pawn it for fifteen shillings, and so I went out, and it was nine o'clock in the morning before I came home, having got a drop too much. Prisoner Kene. I was with this young woman, and these two men picked us up in Holborn; we were to have four shillings a piece in the morning, and he gave this young woman the watch to pledge. Both not GUILTY . Tried by the second Middlesex Jury before Mr. Justice HEATH. 514. JAMES ALICE was indicted for feloniously stealing, on the 14th of October , a hempen sack, value 1s. and five bushels of plaisterers hair, value 5s - the goods of John Thomas . JOHN THOMAS sworn. On the 14th of this month I bought a sack of hair, I ordered my servant to take is to the building in the street, which he says he did. WILLIAM THOMAS sworn. Q. Are you the son of John Thomas ? - I am. On Wednesday, the 14th of this month my father bought the hair of a woman, and he desired me to take care of it, which I did, I see it carefully put into a house in the court. Q. What time of the day did he buy it? - About four o'clock in the afternoon. The next day I went to look for it and it was gone. Q. What time did you miss it? - It might be nine o'clock in the morning. Q. Did you ever see it again? - I see it brought into Mr. Wilson's, in Paddington-street, by Mr. Alice's wife, into a public house. Q. What day was this? - Thursday, about two or three o'clock in the afternoon. Q. Did you know it to be your's? - Yes, by the patches in the sack; the sack was purchased at the same time he bought the hair. Q. Can you swear to the sack? - I can. Q. You cannot swear to the contents of it, I take it for granted? - I cannot. Q. What was the number of the house where it was put? - The houses are not inhabited; they are building in York-court, joining East-street, Manchester-square . Mr. Peate. Were you present when this sack was put in? - No, I was not present. Q. Do you know the number of patches that was on this sack? - No, I don't know the number. Q. Was there any thing particular in the colour of the patches? - They were black, the same colour as the sack. Q. Were they all black? - I cannot tell. Q. Patched in the common way? - Yes; sewed on in a rough manner outside, and a hole at one corner. Q. Your father has got some houses in the court? - Yes. Q. What way was that house kept, locked up or how? - The doors were nailed up, it is a new house. Q. Were the windows and frames put in? - No, but there were shutters. Q. Open in the day time? - Never. Q. I suppose there were workmen of different kinds that had access to this house as well as the prisoner? - There were. Court. Was the prisoner a servant? -He worked for my father, a sawyer . Mr. Peate. Has your father any partner? - No, he has not. THOMAS DIXON sworn. Q. What are you? - A carpenter. On Thursday morning, the 15th of this month. I went down to the house that the prisoner lodged at; I went and asked whether the prisoner Alice, lodged there? he said he did, and was sorry for it; I asked what it was for? he said he was a very bad man, and there was a person there that told me that he brought a sack of hair there the last night. I went down and see the sack of hair there. Q. At whose house was this? - No. 9, Blandford-mews, the person's name is Hale that keeps the house, the back of East-street, Manchester-square. I went up to Mr. Thomas's and asked them if they had lost any hair? they said they had; Mr. Thomas was not at home. I went and got a warrant for the prisoner; in the mean time I went for the warrant, the prisoner went away; but I met him on Thursday, the 15th, the bottom of Oxford-road, took him and called for a coach, and took him to the Apollo, at Paddington-street. When we got into the coach, he said to me, Mr. Dixon, what must I do in this mess I said, the only thing that you can do is to acknowledge where the hair is gone. He sent his wife for the hair the same day, and I took the hair from off her head. Q. Did you know from the prisoner whether they were his lodgings or not? - I did. I conveyed the hair to the justice. Mr. Peate. You met the prisoner in Oxford-road, you say; that is not far from where he works? - A great way. Q. In the day time, walking about in public? - I believe he wished to be hid, he tried to get away. Q. Did any thing more pass between you and him besides what you have told his lordship? - He told me that he took it out of Mr. Thomas's house where he saw it. Q. Did he tell you that he was directed by his master to take it out? - No, he did not. Court. I have heard from another witness that this hair was at Mr. Wilson's, at Paddington-street, was that the Apollo? - It is. MARY GOODYER sworn. I lodged in the same house where the prisoner lodged. Q. How long have you lodged there? - About four months. I was washing on Wednesday the 14th, in the kitchen; I heard a noise coming down stairs, thinking it was my husband I called out, and no answer was made; I took the candle and went up, and Mr. Alice threw down a sack into the yard, an old sack with patches in it, and tied with lift. Q. Was any thing in it? - Yes, hair for mortar. I looked into it after the prisoner was gone. Q. What time of the day was this? - Near eight o'clock in the evening. It was carried away the next morning; I don't know by whom, I was out. Mr. Peate. So you had a peep into the sack; you untied it? - I did, to satisfy my curiosity. Q. How long had it lain there before you looked into it? - Not five minutes. I went immediately as I light him up stairs. Q. Did you find any thing else in the bag? You felt, I warrant you? - Yes, I did. Q. What colour were the patches? - The same colour as the sack. JOHN TANCOCK sworn. I am Mr. Thomas's apprentice; I had got possession of these buildings where the hair was put; these five bushels of hair was put in about five o'clock; Mr. Thomas ordered it to be carried to the next house where I was at work, York court, East street; I see it lay there about six o'clock; I see the front shutters railed up, and I locked the door; and when I came the next morning the bolt of the lock was forced, and the shutters forced open, and the doors open, and the shutters broke; I missed the hair immediately as I came in. Q. Did you ever see that sack afterwards? - Yes, I see it when it was brought to the Apollo public house by the prisoner's wife, by his order. Dixon had the conducting of it to Marlborough-street, and I brought it here. Q. Do you know it to he same sack? - Yes. Mr. Peate. Was it a brown sack patched with something of the same sort? - Yes. Q. Brown patches? - Yes. Q. You did not see it again till it came to the Apollo? - No, I did not. Q. To Goodyer. Were you present when this sack was thrown down in the yard? - Yes, I held the candle to light him into the yard. Q. Did the prisoner tell you that his master had given it him to give to the plaisterers? - He said no such thing; he did not say that to me. Prisoner. I leave it to my counsel. Mr. Peate to Tancock. Did you, at any time, give beer and money to the prisoner at the bar? - Never; I never gave him a farthing in my life. Q. You often quarrelled about the saw dust, did not you? - I never quarrelled with him in my life. Q. You never gave him your master's deals for the saw dust? - I never did in my life. Q. You never used scurrillous words to him, in consequence of his not giving you the saw dust? - I had no occasion, because he did give it me. The prisoner called two witnesses to his character. GUILTY . (Aged 39.) Imprisoned twelve months in the House of Correction and fined 1s. Tried by the second Middlesex Jury before Mr. RECORDER. 515. RICHARD BLAKE , CHARLOTTE GRUB , and ELIZABETH CANN were indicted for feloniously stealing, on the 27th of October , a woman's box, value 1s. a silver watch, value 5l. a base metal seal, value 1d. a silver milk pot, value 1l. six silver tea spoons, value 8s. a woman's silk gown, value 10s. a black silk petticoat, value 18s. a black silk cloak, trimmed with thread lace, value 1l. 10s. a black silk teresa, trimmed with gauze, value 1s. a cotton petticoat, value 1s. 6d. a muslin gown, value 6s. a child's muslin frock, value 3s. a child's cotton frock, value 2s. a linen shirt, value 2s. three muslin handkerchiefs, value 4s. two muslin caps, value 8s. two silk sashes, value 3s. five yards of silk ribbon, value 5s. a callico night gown, value 1s. 6d. the goods of David Black , in his dwelling house . SARAH BLACK sworn. Q. What is your husband's name? - David. Q. Where do you keep house? - In Farmer-street . Mrs. Grub is a lodger of mine; she went away from my apartment between three and four o'clock on Monday evening; she did not return till Tuesday evening past six, and there was an old lodger of mine sitting by the fire side, when she came in, that had lodged with me almost three years, Mrs. Grub called him out, and then she went and sent me over the way for a little liquor, and it came into my head that something was not right there, I was resolved not to go so far as she sent me; and as I came back I see my box at my own door, half in and half out of doors, in the man's possession, Blake; he took the box from Mrs. Grub. Q. You see that? - Yes. They went down the street both, and I hallooed out stop thief! and went after them, and got one of my neighbour's to take care of the place till I came back. I lost fight of them and went up New Gravel-lane, and came down to my own place; and when I came back again this Mrs. Grub was in the middle of the mob, pleading innocence, and asking what was the matter? and I told the women that were about her to take care of her till I went for an officer, and a man came up and took hold of her till an officer came. Q. When was the man stopped? - The man came up to my next door neighbour and sent for a pint of beer, that very evening; I was then in pursuit of him; he was detained a few moments till the officer came and took him, and found property about him, the watch and two tea spoons. Q. What became of the box? - The officer got all the property the same night. Q. The articles that you mention in this indictment, were they all in that box? - Yes; but they were not all found in that box. They found the property on C an. THOMAS NIGHTLY sworn. I am servant to Mr. Nightly the pawnbroker; I produce two tea spoons. Q. What may the value of these two spoons be? - Four shillings and sixpence. I took them in of the prisoner Cann, as her own spoons, at eight o'clock on Tuesday evening, in her own name. Q. Did you give her a duplicate? - I did. JONATHAN MURRAY sworn. I am a pawnbroker; I produce two silver tea spoons. Q. What may the value of them be? - Four shillings and sixpence. Q. Who did you get them of? - Of Elizabeth Cann , on the 27th of October, in the evening, about eight o'clock. Q. In her own name? - Yes. Q. Did you give a duplicate? - Yes. Q. That 27th of October was Tuesday evening? - Yes. WILLIAM ELBY sworn. I am constable of the police office, Shadwell; I found two tea spoons on the prisoner Blake, as a house in Farmer-street, and one silver watch, last Tuesday evening, and one duplicate in his pocket book, of two tea spoons, pawned for four shillings; and I traced the duplicate with the pawnbroker, to Cann's lodgings. Q. Which pawnbroker was it? - Nightly. It was in company with Mr. Haines, the other officer belonging to the police office, and Mr. Haynes found the other of this woman's property in the same room. Q. Were you present? - Yes. I found likewise this key on Blake, which the woman claims to be the key of her padlock. JOSEPH HAYNES sworn. I produce some articles found in a court in Nightingale-lane, in Mrs. Cann's house, under the bed, a silk petticoat, and one gown, a blue silk gown, a black silk teresa trimmed with gause, a cotton petticoat, a muslin gown, a child's muslin frock, a child's cotton frock, a linen shift, three muslin handkerchiefs, two muslin caps, two silk sashes, five yards of silk ribbon, a callico night gown, and a check linen apron. Q. Was the prisoner Blake in Cann's room at the time that you found them? - No. Q. Did you ever see him in Cann's room? - Never. FRANCES MURGATROYD sworn. I am a publican's daughter; when Mr. Blake went through our house with the box, I was standing in my father's taproom, and he said he would leave the box and call for it the next morning. Q. Where is your public house? -Back-lane, Shadwell; my father and mother keeps it. Q. Do you know the house of Mr. Black? - I do not. Q. What day was it he brought it? - Tuesday night last, between seven and eight; he said it was his own, his name was Blake. He left the empty box there in the back parlour. Q. Has it been delivered to the constable? - Yes, to Haynes. Q. Should you know it again? - Yes. Q. Have you any doubt about the person of Blake? - No. Q. Had you ever seen him before? - Not to my knowledge; he is the person as far as I can recollect. ANN GASTRELL sworn. I am a servant; I am out of place now, and I live at my aunt's, in Birchin-lane; I was going up Farmer street, Tuesday evening, and the man came out with the box, and he almost knocked me down, he came out from Mrs. Black's house, between six and seven o'clock; I cannot swear to the man, I only just see the back of him; he ran down Parker's street. Q. Did you see any woman with him? - No. Q. To Elby. You say you found two tea spoons on Blake, where was that? -On his person in a house in Farmer-street. Q. Was that where Cann lived? - No; within a door or two from where the prosecutor lived. Q. You do not happen to know whether this Cann and Blake lived together? - No, I cannot say; I do not happen to know either of them. Q. To Prosecutrix. What is the value of the tea pot? - Twenty shillings. Q. A woman's silk petticoat? - Eighteen shillings. Q. A black silk cloak? - Thirty shillings. Q. A teresa? - One shilling. Q. A muslin gown? - Eighteen shillings. Q. A child's muslin frock? - Three shillings. Q. A cotton frock? - Two shillings. Q. A linen shift? - Two shillings. Q. Three muslin handkerchiefs? -Four shillings. Q. Two muslin caps? - Four shillings. Q. Two sashes? - Three shillings. Q. Five yards of white ribbon? - Six pence. Q. A callico night gown? - Eighteen-pence. Q. A check linen apron? - One shilling.(Deposes to them) Prisoner Blake. Last Monday evening I went for the man that I work for, at Shadwell, to buy some leather, and I met this gentlewoman (Grub) at my return, and she called me in, and asked me if I would drink something? and I went in, and afterwards she took me to a night house; we staid there till the next morning, and so in the morning I had no money, and I went and laid down one of my cotton shirts (I am a sailor and shoe-maker by business) and we went and had some liquor, and she told me that her husband had bought her a deal of clothes and chairs, and she would not stay with him, that they were at Mrs. Black's, and she would pay me for taking them away; and she told me to bring them up to Mrs. Cann's house, where I left the box; and I opened the box immediately; and in the morning there was sixpence owing, and I left one of the spoons with this young woman's father, for sixpence till I returned; the watch I kept in my pocket, and two spoons, and then I went immediately near to this Mrs. Black's, not knowing they were her property, and they took me, and I immediately told where the bundle was, and immediately gave up the key. Prisoner Grub. I know nothing about his taking the box; he used to come there and ill use me; have formerly lived with him, and I left my husband; I told him that I would not live with him any longer. Prisoner Cann. This young man sent for me out of the public house, and de sired me to go of an errand for him to pawn two spoons, which I did, and he asked me for the key of the door; I gave it him accordingly, and he went up stairs and left a bundle of things, and I did not know any thing of it, till the officer came and searched my room. Court to Haynes. The publican's daughter has told us about a box that was taken from the house, was that so? - Yes, it was empty, and it has never been out of my custody since. Richard Blake , GUILTY . Death .(Aged 22.) Charlotte Grub , GUILTY . Death .(Aged 33.) Elizabeth Cann , Not GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 516. EDWARD UNDERWOOD was indicted for that he, on the 2d of March 1789, at the parish of St. Mary, Whitechapel, did marry one Mary Harding ; and afterwards, to wit, on the 2d of December last, at the parish of St. Leonard, Shoreditch , feloniously did marry one Frances Harris , his former wife being alive . (The case opened by Mr. Knapp.) SARAH HART sworn. Q. Do you know the prisoner at the bar, Underwood? - Yes. Q. Do you know Mary Harding ? - I have known her ever since I have been nine years of age. I see her yesterday and to day; she is here now. I was present on the 2d of March 1789, at White-chapel Church, where the prisoner and she were married, and I dined with them that day afterwards. She has been parted from him three years the 23d of next November. Q. But they lived together after their marriage, as man and wife? - Yes. Mr. Knowlys. I believe the marriage was not a happy one on their part, they disagreed a great deal? - Very little till lately. Q. I believe she ran away with all the goods? - She did not go away with all the goods, with a few of them. Q. What age is this lady? - Sixty-five next May. Q. He is a very old man, turned of sixty? - I cannot say that; he was a very good looking man when she had him. FRANCES HARRIS sworn. Q. Do you know Underwood, the prisoner? - Yes. Q. Were you ever married to him? - Yes, two years ago, before next Christmas, I forgot the day of the month; at Shoreditch Church. Mr. Knowlys. I believe you have had no children since you have been married? - No. Q. Nor not very likely. Did the former wise over come to trouble you at all? - She did come two or three times to let us know that she was his wife, about six or eight weeks after we were married. Q. But she did not prosecute him down to this time? - No. Q. I suppose he had no fortune with you at all? - No, he had not. Mr. Knapp. This prosecution is taken up by the parish? - Yes. Mr. Knowlys. He is a poor man with one leg? - Yes. GUILTY , Imprisoned three months in Newgate and fined 1s. Tried by the first Middlesex Jury before Mr. Baron HOTHAM. 517. JAMES DEVYNE was indicted for feloniously stealing, on the twenty-seventh of September , two pounds of soap, value 2s. two pounds and a half of sugar, value 18d. and three ounces of ginger, value 3d. the goods of George Pringle . GEORGE PRINGLE sworn. The prisoner was my servant . I am a grocer at the Seven Dials . On the twenty fourth of September I had some carpenters employed; one of the carpenters looking for a wedge at the top of the horse stall, found a parcel of soap laying there; there was no sugar there; that was on Thursday evening. Q. What quantity was there? - To the amount of about three pounds nearly. He made my brother and apprentice acquainted with it that night. On the morning following I was told of it; the apprentice went over to the stable, and he brought the soap into the shop to let me see it. I desired him to replace the soap, to see whether there would be any more taken to it to the same place; it was yellow soap, and on Saturday morning there was some white mottled soap with it. I had occasion to go out of town on Sunday morning, and desired the prisoner to have the horse ready at eight o'clock; and I had some suspicion that he would take away the soap on Sunday morning, and desired my brother and the apprentice to watch that he did not take it away from the time of his getting up to the time that I went out of town. Before I went out, I went over to the stable, and charged him with having things belonging to me secreted in the stable. I said to him, you have some things secretly concealed belonging to me. I did not know of any sugar. I told him I would have a constable, and take him before a magistrate, if he did not tell me what he had concealed there. Q. You must not tell what he said after that threat. - He want down on his knees among the litter, and brought some sugar out, about a pound and a half or two pounds. I told him he had some other articles there as well, and he denied that, but he brought the soap, about two pounds; he had the ginger concealed in his pocket, about two or three ounces, which he threw out as he was coming down the yard. I cannot swear to any part of the property. Q. Did you miss any part? - I could not out of the quantity that we have. JOSEPH GRAHAM sworn. I am an apprentice to Mr. Pringle. I went over to the stable on the twenty-fourth of September, towards the evening, and found only one piece of soap in the stable, and I went over on Friday morning, and I found four pieces. I then informed Mr. Pringle of it, and he went over with me, and between the times that I came and told Mr. Pringle, the prisoner had been over to the stable with the horse. Q. Did the prisoner use to go to the stable? - Yes, three times a day constantly to feed the horse; he had taken two pieces away by the time that Mr. Pringle went over. I went over again on Saturday morning, and there were brought two pieces there of a different kind of soap, white soap. Q. Other people might go to this stable besides the prisoner? - The stable was locked; there was nobody had any business there besides our own family. Mr. Knowlys. You and the prisoner had words frequently together? - No. Court. When you went to the stable, was the prisoner there at the time? - No. JAMES ALFERY sworn. I am a coach wheel maker. On the twenty-seventh of September, about eight o'clock in the morning, I was at work in Church Passage, Compton Street, St. Giles's, opposite Mr. Pringle's stable yard. Mr. Pringle came to me and beckoned me to come to his assistance. I went with him; he charged the prisoner, that he had property of his concealed. I see him deliver the soap out, and it was delivered into my hands. Q. To Prosecutor. Was it such soap as you told? - Yes, it was. He was a man that I had unlimited confidence in, and if any man had told me of it the night before, I should not have believed him; he was a man that served me, to all appearance, very faithfully, and very industrious. Not GUILTY . Tried by the first Middlesex Jury before Mr. Justice HEATH. 518. JAMES MONTETH was again indicted, for that he, on the twenty-eighth of September , with a certain offensive weapon and instrument, called a wooden stick, on Walter Smith , Esq . unlawfully, maliciously, and felonious did make an assault, with a felonious intent, the goods, chattels, and monies of the said Walter, against his will, feloniously and violently to steal . WALTER SMITH sworn. On the twenty-eighth of September I was in Bond-street , going to the gunsmith, between nine and ten at night; the shop was shut up, and I did not recollect the Number. I see the prisoner in a watchman's coat, he had no lanthorn, he had a large stick. I asked him where the gunsmith's shop was, he made me no answer, but took me by the collar, held up his stick, and said, where is your money? where I say a word, and I will knock you down. I had the advantage of taking the stick in both my hands, which I did, and pushed him against the wall, being in so public a street, I thought I should get assistance, which I did, several people came, and took, him to the watch-house. Q. Did he appear to be sober at the time? - Not knowing the man, I cannot say; he made use of a very queer expression afterwards, he said, insult me? would you insult the Prince of Wales? That was some considerable time after he was taken. At the time he first attacked me, there was not a single soul in the street, he had his watchman's great coat on, and some people said, let us examine, and see if he was a watchman or no; on examining further, we found that he was a watchman, but it was not his hour of being out. Mr. Knowlys. Are you not inclined to think that he was intoxicated with liquor from his whole conduct? - I am sorry to say, I have reasons not to think so. The prisoner called three witnesses to his character, and proved, that when he drank too much, he was like a madman. GUILTY . (Aged 28.) Imprisoned three months in Newgate and fined 1s. Tried by the first Middlesex Jury before Mr. Baron HOTHAM. 519. JOHN LONGMEAD was indicted, for that he, with Thomas Perry , and John Fowler , and divers other persons, to the number of three persons and more, whose names are unknown, on the fifth of March, in the thirty-fourth year of his Majesty's reign , with force and arms, at the parish of Tallance, in the county of Cornwall , being armed with fire arms, and other offensive weapons, bayonets, guns, swords,&c. unlawfully did assemble together, in order to be aiding and assisting in taking away from David Llewyn , one of the officers of excise of our lord the King, one hundred gallons of foreign brandy, and one hundred gallons of foreign geneva, the said foreign brandy and foreign geneva being liable to custom duty, after sezure by the said David Llewyn . The indictment opened by Mr. Knowlys, and the case by Mr. Attorney General. DAVID LLEWYN sworn. Q. You are a supervisor of the excise at Bodman, in Cornwall? - Yes. Q. I believe it was in the year 1794 that you, in consequence of an information, went to Port Parrow? - Yes. Q. It will save time if you go slowly, and we I you story distinctly, that the gentlemen may hear you. What day of the month was it? - The fifth of March, 1794. I went to Port Parrow with Mr. Jeffries Spray, the officer of Bodmin, Mr. Barrlett, an excise officer of Fowey, Mr. William Ingham , officer of Lestwithiel, and fourteen soldiers, of the Yorkshire missing. In consequence of information, I went to Port Parrow, and we arrived there a little after day break; we called on a Mr. Pinsent, who was a Custom House officer in the town. Q. Did he go with you as an assistant? - He went with us as an assistant. Q. You had the warrants that you had prepared? - We had the warrants which we had prepared the evening before. We went first of all to the house of Mr. Benett, which Mr. Pinsent pointed out as a person of that description; we searched his house, and at the back part of his house there was a five gallon tub found, we seized it. That was in the yard, the back part of the house. Q. That was all you found there? - Yes. Q. After you had seized this, what did you next do? - We went to the house of one Horton? another person that we had a warrant against in the same town, and there we found nothing; from thence we went down the street, to the house of one Richard Rewitt . I had a description of the house by a lime kiln that stood opposite it. Q. When you came, did you gain admission? - The door was shut. I knocked at the door, and requested the door to be opened, as I had a warrant to search; there was no answer whatever. Q. What next did you do? - I repeatedly knocked at the door for admittance, but I discovered a key inside, and the door appeared to be locked. While I was knocking at the door, somebody called to me, that Richard Rewitt was coming. Q. Was that from the street or in the house? - From the street. He came up to the stairs, to the top of the stairs of the dwelling house door; as they told me he was Rewitt, I did not know the man. I asked him if he was master of the house, he said he was, I then told him I had a warrant to search his house, and read the warrant to him; on this he went to the door, and attempted to open it, I told him that I believed the door was locked; then he called, open the door, there was no answer made, and went off; and seemed very much distressed and cried. Q. Tell us what you did after you got in? - There was a cellar under the dwelling house, and in that cellar I could perceive there was some liquor; about the middle of the stairs there was a little window that opened into the cellar, which was made fast in the middle, with a kind of shutter over it; I stood on the stairs, and pushed open the shutter with my foot, it gave way, on which I see a quantity of tubs slung with cords in the usual way. I requested a soldier to go in, a soldier went in, through the window, and opened the door, which was locked I believe. We then went in, and took one of the casks, and bored it with a gimbler, and tasted the liquor, and to the best of my recollection, it was brandy. We made the seizure, and I asked the Custom-house officer if he would give me leave to deposit the goods in his house, he readily said that we should put it in his house. Q. Were you enabled to see what was the quantity in this house which was the object of your seizure? - There was a very large quantity, to the amount, very probably, of two hundred casks, to the best that we could determine. Q. Then Mr. Pinsent being a resident there, you thought it a proper place to lodge it at his house? - Yes. Q. Tell me of what part you made a seizure, and where it was conveyed to? -We seized all that was there. Q. Was any of it removed from Rewit's house to the house of Pinsent? -We removed sixteen tubs to the house of Pinsent, containing sixty-five gallons of brandy. and fifteen of geneva. Q. What happened from without that alarmed you? - We were alarmed by the firing of several guns or swivels. There was a report of several guns towards the key, out of my sight. Q. Be so good as to describe to my lord and gentlemen the situation of Port Parrow, as it bears relation to a key there? - It is a little fishing cove, and there is a key there. Q. There is a small pier there? - There is a small pier. Q. How far was Rewitt's house from this pier? - A very little trifle, about two hundred yards. If you go round to go immediately to the water, it is a very trifling distance. I was apprehensive that the mob was assembling, and going to rescue the goods. I was insulted by several of the inhabitants. A man came up to me and cursed me, and called me all that was not good. That was not the prisoner. Q. However, you met with insult? - Yes, saying they should soon be prepared, that I should not remove my bones from thence, and it was the last time I should come there. Q. Was there in fact any assembly of people that came to annoy you? - There was a large number that came at last armed with guns and clubs, large sticks, and the prisoner at the bar had a bayonet, when I first see him. Q. Speak to the number, how many might come towards you? - I dare say there were upwards of a hundred people in the street, but how many armed I cannot pretend to say, but a great many of them were armed. Q. How long had they come up towards you, and done any thing, when you had an opportunity of seizing the prisoner, Long mead? - The soldiers were in the act of removing the goods, and the mob came upon them, and said, they should not carry them from thence; one of them went to the cellar door, and shut the door, who it was I don't know, and said, he would be d-ned if we should move any of those goods from there, that we should be murdered if we attempted to do it. The soldiers were drawn up. Mr. Pinsent requested me for God's sake not to let the soldiers fire, for, says he, if you do, we shall be all murdered. I told them that I did not come to molest them myself, and requested that they would let me take the goods out of town; they said, they would be d-d if they would, that they would sooner lose their lives than their property, and if we did not go about our business, that they would murder as, or words to that effect. Q. What situation were the tubs in when you got into the house of Rewitt's? - They laid in the cellar in rows, all slung in cords. With that mob I see the prisoner at the bar, he had a bayonet in one hand, with a suzee in the other, and he came up pretty close to me, and said, he would be d-d if he would not run me through. I believe him to be the same person. I never see him before that time, nor have I seen him after, till I took him up. Q. Look at him now, do you believe him to be the person? - To the best of my recollection; he had a bayonet in one hand, and a suzee in the other, and swore he would run me through if I did not desist. Q. Did you go on and continue? - I asked them at length, if they would let us take the goods out of the town? they said, they would be d-d if we should. On this I quitted the place, I thought my life was in danger. Q. Now be so good as to describe the guns that you mentioned, how they were placed? - There was a gun in the street, it was a swivel, it was elevated and pointed towards us, it laid between the house were the goods were, and Mr. Pinsent's. I see powder on the touch of it, and an officer of mine told me, that there were three guns behind, that I did not see. Q. So far as you observed yourself, did you see any other piece of ordnance of any kind? - No, only that one. Q. How many guns might there be in the hands of the people, that were come up in this croud to you? - Really I cannot tell you upon my word. There might be four or five, or more, I cannot presume to say, but I can speak safely to that number, positively there were four or five. We returned then on this, and went to the public house, and called for some refreshment, and went home. Q. You gave up the seizure? - We abandoned it. After we had got to the public house, I requested Mr. Pinsent to go down to see whether they were more cool, and inclined to give up the goods; that was about half an hour after. Whether he went or not, I cannot say, but he returned back, and said, it was of no use, they were not disposed to give up the seizure. Q. Is that cellar of Rewitt's in your district? - No, it is not. Mr. Shepherd. You have been some time an officer of excise? - I have been twenty years or more in the employ. Q. Have you been long stationed at Cornwall? - Ten years at Bodmin. Q. When you went into Mr. Rewitt's cellar, and see these things, did you bring the casks out? - Sixteen only were taken out. Q. What has become of these sixteen? - They have been condemned by the Exchequer, and sold. They were secured in Pincent's house. Q. There was a question that my learned friend put to you, that you did not give any answer to. How long after this was it that you first see the man that you suppose to be the prisoner Longmend? - I cannot tell the exact time. I did not see him on the first beginning of the mob, it was near the conclusion of the business. Q. So I understand, but I want to know how long it was after the mob had assembled before you see him? - It was almost over, the mob had assembled for about half an hour, or thereabouts. Q. Consequently at this time you must be very much alarmed? - I was certainly. Q. You had never seen him before nor since till he was taken up. Now how many months might elapse between the time that this affray happened and the time that he was taken up? - It is a long time; from March, 1794, till within a month ago. Q. That is, I believe, a year and a half? - Yes, so it is. Q. And you had never seen the man before nor since till that time, nor did you see him on that day till the latter end of the business, and after you were very much agitated? - I see him in the street afterwards walking, while we were in the public house refreshing ourselves. Q. What made you say then when my friend asked you the question, that you had never seen him before the time that the affray happened, nor after, until the time that he was taken up? - Not that day. Q. Did you point out any other man of the mob? - A man that I had known before. Q. Did you point out any other man in the mob whom you had not known before, and whom you had not seen for a considerable number of months after? - There is a man that I think I should know if I was to see him. Q. The next time that you see this man was after he was taken up? - Yes. Q. So that you had never seen him from that day till after he was taken up, and pointed out to you as one of the men. Then the first time that you recognized him as one of the men was after he was pointed out to you as one of the persons that had been in the mob? - Yes. Q. How long will you venture to say you see him in the mob? - Not a long time, but he was more particular in having a bayonet. Q. More than half a minute? - Five or six minutes at least. Q. You mean to swear that? - I do. I dare say I see him for four or five minutes in the mob. Q. What did you say that he had in his hands? - He had a gun and a bayonet. Q. Do you mean to swear that he had a piece of fire arms in his hands? - Yes, I do, positively. Q. Pray are you the gentleman that was a witness in the Court of King's Bench two or three years ago? - I have been a witness in several causes. Q. What countryman are you? - I am a native of South Wales. Q. Then probably you are the same man that was very near being committed for perjury in the Court of King's Bench, and gave as a reason for what you said, that you did not understand English? - No, I know nothing of it. Q. Then you were never resrobated by a Judge in the Court of King's Bench for the evidence that you had given, and gave as a reason for what you said, that you did not understand English? - I do not recollect the circumstance, nor nothing like it. Q. Perhaps I may have mistaken the Court, was it in the Court of Exchequer? - It was not, never such a thing ever happened in any Court Whatever, positively, upon my oath. Q. Are you an officer of the excise? - I am. Q. How long is it since you have been threatened to be dismissed? - I have been threatened by the smugglers, but by nobody else. Q. How long is it since you had a representation that you were likely to be dismissed from the office? - There have been impeachments by smugglers, but they could not make good the impeachments. Q. Do you mean to say, that you had not a caution given you by your employers? - I have been cautioned once or twice by my superiors. Q. Have you not been told, that if you did not conduct yourself very different, you would be dismissed from the service? - I have not. Q. What do you call, a caution? - A miss of the pen, or irregularity of duty. Q. How long before you swore to this man was it you were cautioned? - I cannot pretend to say, I don't recollect, fourteen or fifteen years ago. Q. And never since? - I don't know that I have any business to answer these questions, if the commissioners ask me these questions I will answer them. Court. Are you under any censure at present? - Not in the past. Mr. Shepherd. Then for the space of eighteen months you had never seen this man? - I see him that day afterwards, I told you so. Mr. Fielding. Where did you take him up? - At Port Parrow. Q. Is there any foundation for the suposition that you have been reprobated in any court of justice for evidence that ever you gave? - Never in my life. Q. How long have you been an officer of excise? - I have been one twenty years. Q. Will you be so goods as to explain what you mean by a caution? - For mere irregularity in our duties, making a change in a figure, or any thing of that sort. JEFFERIES SPRAY sworn. Q. I believe you are an officer of excise, at Bodmin, in Cornwall? - I was at the time that this took place. Q. Did you accompany Mr. Llewyn and the soldiers, and the party that went to Port Parrow? - Yes, I did. Q. When you got there tell us what passed? - We searched two houses, in the first we found five gallons of spirits. Q. Had you any search warrant with you? - Mr. Llewyn had with him. Q. Whose house was that? - They were just at the back door, thrown out as I came up. Q. Whose house was it? - I do not recollect. Q. What was that five gallons contained in? - In what they call tubs in that country. Q. How was that tub fastened? - There were small cords about it, what we call slung. Q. Is that the way in which the smugglers usually carry their brandies and liquors? - Yes, it is. Q. After you had found this cask where did you go then? - We searched another house, and found nothing in that; we then went to Richard Rewitt 's house; Mr. Llewvn went to the front door of the house, and demanded entrance, we found the door ladened, it was locked, Mr. Pinsent, the custom house officer, said, that Rewitt was coming up. Q. Did he afterwards appear? - He did; Llewyn shewed him the warrant, he demanded entrance, he desired them to open the door; there was no person spoke on the inside; Mr. Llewyn then came down all the way of the steps, and there was a window to the cellar which gave way, and he saw tubs in the cellar; he ordered a soldier into the cellar, and he unbolted the cellar door. Q. How many tubs were there? - A great quantity, between two and three hundred, all slung, that I see at least. Q. In the usual way that smugglers carry them? - Yes. Q. What then? - We went about removing of these tubs to the custom house officer's house, Mr. Pinsent's. Q. Who do you mean by we? - Mr. Llewyn, and part of the soldiers that were with us. There was a person just as we began, came up to the cellar and said, if we did not withdraw - Q. That was not the prisoner? - It was not. Q. Was there any mob assembled at that time? - There was not. We went about removing the goods, and as I returned from Mr. Pinsent's house, one soldier said there were three swivels brought up, I looked and see three swivels, they were pointed towards the cellar door, where the tubs were deposited; I ordered four or five soldiers to six their bayonets, and walk with me to the swivels; I then returned to the cellar door, and found the street was full of men. Q. In what situation were those men? - There were several of them armed with guns and susees. Q. How many do you think were armed with guns? - I believe I see myself just there, eight or ten or a dozen, I cannot say, but I think so; the street was very narrow, and they came up very close to us. Q. Besides that were there any others armed in any other way? - Yes, I observed several with large sticks in their hands. Q. What did they do when they came up close to you? - They threatened that if we did not leave the goods, and take ourselves off, that they would murder us; one of them catched the banger that I had in my hand, and threatened to run me through with it; I told him that he would be called to an account for his conduct, and desired him to give it up to me again, which he did. Mr. Llewyn told them he would not wish to have any blood spilt, that he would withdraw, he found that they were more in number a great many than we were. Then we withdrew to the public house. Q. Before you had withdrawn to the public house, had you seen how Llewyn was treated? - Yes; there was a person with a susee and bayonet fixed on it, first, and afterwards I see him with the susee and bayonet not fixed, the susee in one hand, and the bayonet in the other. Q. What did that person do? - I see him afterwards with the bayonet in his hand, pointing the bayonet at Mr. Llewyn, and he swore he would run him through. Q. Do you know what became of the susee, I don't know indeed; I recollect seeing the bayonet pointed at Mr. Llewyn. Q. Should you recollect the person again if you was to see him? - I do not. Q. Look round about the court? - I believe that to be the man, but I cannot positively swear to it, I never see him before nor since. Q. What became of these tubs that you had seen? - We lodged them in the custom house officer's house; the mob obliged a soldier, and I believe one of the officers, to lay down four in the street, which I took up and carried them back to the cellar. When they came up and insisted on having the cellar door shut, we shut the cellar door, and withdrew to the public house. Q. Do you know whether any attempt has been made to take any people concerned in this business since? - O, yes. Q. How long after this matter happened was there any attempt to take any body? - Upon my word I cannot justly say the time. Q. I do not mean to a day; how long think you? one month or six months? - It may be four, five, or six months after this happened. Q. Were you here when the bill was found by the grand jury? - Yes, I was. Q. Was there an attempt to take them after the bill was found? - Yes. Q. How long after that time? - It might be a month or six weeks. Q. Were you present when the attempt was made? - We had soldiers, a hundred and three private soldiers from Maker camp. Q. Were you able to take any body? - No, they had made their escape, they were gone. Q. Who did you go to take? - We went to take the persons that were indicted, their names were Liddy, and Perry, and Longmead. Q. Were you at last able to carry off any of these spirits that you had seized? - No, we left it at the custom house officer's house, on account of the mob being so powerful that we could not. Q. Who had the warrant for searching Rewntes house? - Mr. Llewyn.(Llewyn produces it.) Mr. Const. The tubs that were actually removed, were taken before this riot commenced? - Yes. Q. After the riot commenced, and got at the length that you have described, nothing was taken? - No. Q. Therefore what these tubs contained that were left behind, you cannot say? - No. Q. You talk of a man, not the prisoner, that took your cutlass, the disposition of that man however was such, that on your demanding your cutlass he gave it back to you? - Yes, he did. Q. You say you saw a man with a susee and bayonet fixed? - Yes. Q. You afterwards saw that man in a threatening posture to Mr. Llewyn, with the bayonet in his hand; can you say whether he had a musket in his hand at that time? - I cannot say, I do not recollect seeing it at the time; I did not take particular notice, I cannot say whether he had or had not. Q. I observed you was desired to find out this man; you have been in courts of justice before? - Yes; I have never been here before. Q. Then of course you look at the bar for the person that you want to find out. STEPHEN BARTLETT sworn. Q. You are the officer of the excise at Fowey? - Yes. Q. You went with Mr. Llewyn and the party on the 4th of March? - Yes. Q. Do you know the person of Longmead? - Yes. Q. You knew his person? - Yes. Q. Did you see him there in the mob on that day? - Yes. Q. Did you know him before? - No, not to my knowledge. Q. Have you ever seen him since that day, before you see him now? - I see him since, but whether it was the day we were there, or the day we brought the goods from there, two or three days after, I cannot be positive, but I took particular notice of him, that I might recollect him. Q. My question is, whether the person whom you recognized there, or four days after the obstruction was over, whether you see him amongst the mob when the obstruction happened? - I see him among the mob. I see him with the susee in his hand, and he had a bayonet on the susee, pointed at Mr. Llewyn. Q. What did he say at the time he was doing this? - I cannot say any particular expression that he made use of, but he made some threatening words, what he would do. Q. Were you at the time in the act of seizing these things? - We had the goods in our possession at the time that I see him. Q. What was the behaviour of the mob at the time that you see him with this susee? - I heard a man say to Mr. Llewyn, d-n thy eyes, Llewyn, I will have thy blood before thou goest out of the place; and he bent his piece at the same time at Mr. Llewyn. Q. Did you see how many men might have arms at that time? - I can answer that; I see five or six with arms. Q. Did you see the swivels? - I see a small cannon or swivel, I see the priming of it at the top. Mr. Shepherd. Did you see these casks that were taken from the soldiers? - I see two casks that were dropped in the street, I don't know who took them, they were brought back to the cellar by some person. Q. To Rewitt's cellar, where they were left? - Yes. Q. I think you say the bayonet was on the susee? - It was on the susee. Q. You had never seen this man before? - I never had seen him before. Q. There were a great number of persons assembled? - There were a great number, and a great deal of confusion. Q. No little alarm? - No, there was not. Q. It was quite at the latter end of the business when you see him? - I do not recollect seeing him at the beginning. Q. And except that you see him two or three days afterward, you had not seen him till that time that he was taken up? - I don't know that I ever have. Q. I think you say that these that had been secured in Mr. Pinsent's cellar were secured before the mob came? - Just at the time that the mob were coming on, I believe there were some few casks that were taken to Mr. Pinsent's house. Mr. Fielding. Did you see in what situation the casks were? - They were slung. Q. That is usual with smugglers? - It is. THOMAS PINSENT sworn. Q. You are the custom house officer at Port Parrow? - Yes. Q. Do you know John Longmead? - Yes. Q. Did you know him before? - Yes, I knew him many years before the 5th day of March. Q. Did you see Longmead in that assembly on that day? - Yes. Q. Was he armed? - He had go a gun and bayonet fixed. Q. You have been a custom house officer there a great many years? - Nine and twenty years. Mr. Shepherd addressed the court, that as yet there had been no evidence given that these goods that were taken back to the cellar were uncustomed goods. Court. That is a circumstance to leave to the jury, they were in the same sort of packages, and slung in the same way. Mr. Attorney General. The evidence that has now been given, is that sort of evidence that is constantly in cases of a like nature. Mr. Shepherd to Pinsent. Have you known the prisoner some time? - Yes; before this time he had a very excellent character; I have known him from a child, he has always borne a good character. THOMAS ROBERTS sworn. Q. Do you live near Port Parrow? - Yes. Q. Do you know the prisoner? - Yes, I have known him these twelve years; he bears a very good character as far as I know, a very peaceable man, I suppose there were an hundred people of the parish that would have come and given him a character, if they could have borne their expences. GUILTY . (Aged 25.) Convicted capitally, but Judgment respited, by order of the Court . Tried by the first Middlesex Jury before Mr. Justice HEATH. 520. THOMAS PARTLETT , ELEANOR BARTLETT , and ROBERT GRANT were indicted for that they, on the 1st of October , a piece of sals, feigne, and counterfeit copper money, to the likeness of the good and legal money of this realm, called a halfpenny, unlawfully and feloniously did make, coin and counterfeit , against the form of the statute. JOHN TOWNSEND sworn. On Thursday, the 1st of October, in consequence of an information we had received, that there were persons in Dean's-court, St. Martin's Le Grand , coining of halfpence; I, in company with Sayers, Rivett, Kennedy, and some other officers, went to that house, when we were got there Sayers shoved up the window, and jumped into the house, and one of the other officers opened the door and let me in; I went along the passage to go down stairs, and the first person that I me, naked, was the prisoner Bartlett; he was without his shirt, just at the brink of the cellar stairs, quite up in a nook, it was quite dark in that part; indeed; I did not see him till I felt a naked man; I brought him out, and brought him up, and afterwards went down stairs, and there were four candles a light in the cellar, and the press fixed, where we found a large quantity of copper cut; after that we looked for the dies a considerable time; finding some of the dies, and not finding all, we asked the prisoners where they had put them? they went down stairs with us, both of them, and in the same cellar where the press was, on a little shelf they pulled out the dies, and gave them to us; I think there are three pair of them, or more. We then secured them of course, and took them away. We have got all the things away. Q. When was the first time, and where, that you see the other prisoner? - I did not see him till he was brought into the front room, in the custody of the other officers; he was naked also. Q. I would only ask you whether the cellar stairs, on which you met, or found the prisoner Bartlett, led to any other place? - Close to the cellar stairs there was a pair of stairs that went up stairs, but the prisoners on being asked did not deny that they came out of the cellar, they said, don't use us ill, and we will be civil, which they certainly did behave very civil, and very proper. Here is every thing here, a vast quantity of halfpence finished, a great quantity indeed. They were cutting that day, not finishing. JOHN SAYERS sworn. In consequence of an information we went to this Dean's-court, in St. Martin's Le Grand; on entering the court I see a window a little open, I went to the window and flung it up, and jumped in, and went to the head of the stair case, where I heard the voice of some men, saying, we are here! we are coming! Q. Where did that voice come from? - From below apparently, from towards the cellar, to the best of my hearing. Immediately Bartlett comes up, first, without his shirt; after him (I am not positive whether the other man followed or the woman) the other man came up without his shirt likewise, and a woman apparently in the same way; the woman was without a cloak or bonnet. I immediately got a candle and went down stairs into the cellar. Q. Was the light in the cellar when you got down? - Yes; two or three, or more candles burning on each side of the press. Q. What time of the day was this? - I believe it was after twelve o'clock, to the best of my recollection. I then see a vast quantity of copper round the press; I put my fingers into the cups, supposing them to be dies, and they were very hot; I then came up stairs, and was informed by one of my brother officers that they had found a die with a stamp; the prisoners were secured in the parlour, and I told the prisoners it would save us a deal of trouble if they would tell where they were, for we should not leave the house till we found the dies; they asked to be unhandcuffed, which they were, and went down into the cellar and discovered where the dies were, and helped us take up the press, and behaved very civil indeed; round the press I found a few halfpence that were struck, these are two, (produces them) these are the sort they were at work at (produces a blank) and a vast quantity more. JOHN RIVETT sworn. I found some seisale up in the first floor, and a die up in the garret, and I have also got some blank halfpence. (Produced.) CHARLES KENNEDY sworn. I found a great quantity of halfpence, some in the woman's pocket. (Produced.) Q. To Sayer. Is every thing there complete for coining halfpence? - Yes. Q. To Townsend. Whose house was this? - The landlord was sent for to Bow-street, he denied letting the house to the prisoners, but the prisoners admitted its being their house. Q. Prisoner Bartlett. I am married to my wife. Prisoner Grant. I know nothing about it; I was in the house, but I had a smock strock on. Thomas Bartlett , GUILTY . Robert Grant , GUILTY . Imprisoned six months in Newgate and fined 1s. Eleanor Bartlett , Not GUILTY . Tried by the first Middlesex Jury before Mr. Baron HOTHAM. 521. MARY HENDERSON was indicted for feloniously stealing, on the 17th of October , three check linen shirts value 6s. the goods of Richard Liddle . RICHARD LIDDLE sworn. I come to prove my property found on the prisoner. Q. Did you know the prisoner at the bar before? - I never see her but once before. Q. Where were your things kept? - In my chest at home in my own room. Q. Was it open or shut? - Open, not locked, in my bed chamber. Q. When had you seen them the last time before they were stole? - About two months before. Q. Where were they found? - At the pawnbroker's. I am only a lodger in the house. Q. Who keeps the house? - Sarah Porter . JOHN WADE sworn. I am servant to Mr. Hyam, the pawnbroker, in Nightingale-lane. Q. Do you know the prisoner? - Yes. Q. Do you remember her coming to your master's shop? - Yes. Q. What did she pawn? - Three curtains, in the name of Mary Henderson. She told me they were her own. Q. How long ago was this? - The 17th of October, for four shillings.(Produced and deposed to.) Prisoner. They were given me, and I pawned them. Prosecutor. I went to look after some other property, and I found the duplicate for the curtains in the house where she lodged; she lodged in the one pair of stairs, and I found the duplicate under a brick in the two pair of stairs. Prisoner. They were given to me all of them by the person that stole them, a waterman, at Union Stairs, Richard Christopher ; I did not know they were stole; he was in a public house, and he gave them me to pawn them. Q. You knew him? - Yes; and I desired the constable to go after him; and he said he had no business to go after him. I have been kept in prison ever since last Sunday, and had nobody to go and seek the man. Not GUILTY . Tried by the first Middlesex Jury before Mr. Justice HEATH. 522. MARY HENDERSON was again indicted for feloniously stealing, on she 10th of October , a muslin cloak, with the cape trimmed with thread lace, value 3s. the goods of Sarah Porter . SARAH PORTER sworn. Q. You keep a lodging house? - Yes, in Nightingale-lane . Q. Did you lose a muslin cloak at any time? - Yes. Q. How was the cape? - It was trimmed with thread lace. Q. What do you know of the prisoner's taking it? - I suspected it; she had been in my house in the course of a week, and I suspected her. Q. When had you seen it last before it was stolen? But a few days; I had seen it the Sunday before. I went out to work near a week, and left the care of the house to a little boy. Q. And was the prisoner at your house? - Yes, she lodged in my house, had a room, she and a custom house officer, whom I supposed to be her husband. Q. Where did you keep your cloak? - In a open chest, in Mr. Liddle's bed chamber. - WADE sworn. Q. Do you produce the cloak? - Yes; the prisoner brought it to my master's house and pawned it for eighteen-pence, the 4th of October. Q. To Prosecutrix. What day was it that you missed it? - I cannot tell particularly, because I was out, I went out on Monday, and I missed it when I can't home on Thursday; it was there on Monday.(Produced and deposed to) Prisoner. The bundle with the curtain and white cloak were both in a pocket handkerchief, and the other in another handkerchief. This gentlewoman knows as well as I do, very well, she was out a washing, and this waterman came to see me when I was at home, and this Mr. Liddle's chamber door was wide open, and he went in and threw himself on Mr. Liddle's bed, and two days afterwards he called on me and gave me a cloak to pawn, and I went and pawned them; and about a week afterwards he brought the curtains, and I pawned them. prosecutrix. My child told me that she had done an imprudent thing, in bringing a strange man into my apartment, and likewise laying on a bed she had no business with; I told her she had no business to let a strange man into my apartment. Not GUILTY . Tried by the first Middlesex Jury before Mr. Justice HEATH. 523. MARY HENDERSON was again indicted for feloniously stealing, on the 24th of October , a kerseymere waistcoat, value 7s. a linen towel, value 1d. five linen shirts, value 10s. two linen pocket handkerchiefs, value 2s. a silk handkerchief, value 1s. the goods of William Chalk . WILLIAM CHALK sworn. I live in Berkshire. Q. Where did you lodge when you lost these things? - With Sarah Porter . Q. What did you lose? - Five shirts,&c. Q. On what day? - Sunday morning, after I came to town. Q. When did you come to town? - The 19th. I don't know who took them. JOHN WADE sworn. Q. Do you produce the things? - Yes. Q. Did the prisoner pawn the things at your house? - Yes. Q. To Prosecutor. When had you seen the things the last time before you missed them? - The 18th, the day before I came to town. Q. You had not seen them after you came to town? - No, not till I came to search for them and missed them.(The things deposed to.) Prisoner. I see nothing belonging to the bundle till last Wednesday; the same that stole the other bundle stole that, as I suppose; I did not know it till Sunday morning. GUILTY . (Aged 24.) Transported for seven years . Tried by the first Middlesex Jury before Mr. Justice HEATH. 524. SARAH DUNSTAN otherwise JONES was indicted for feloniously stealing, on the 24th of October , a callico shawl, value 1s. 6d. a pair of worsted stockings, value 6d. a callico bed gown, value 18d. the goods of Richard Rossiter . SARAH ROSSITER sworn. Q. Are you the wife of Richard Rossiter? - Yes. Q. Where do you live? - No. 1. Newport-street . Last Saturday I lost two pair of worsted stockings, and a callico shawl, and a callico bed gown; at the same time I lost a black shirt, but not found on her. Q. From what part of the house did you lose these things? From the from parlour; the callico bed gown was in a box; the shawl was in the back parlour. Q. Did you see the property taken away? - No, I did not. Q. At what time of the day had you seen your property? - A few minutes before I called for the shawl to be washed through a clear lather, which my daughter brought to me. Q. Did you see the prisoner in your house before? - Yes, a few minutes before, and talked with her. Q. What was she doing in your house? - I had been myself in trouble, on an indictment for an assault on a lodger, and I was in Tothill Fields myself, on a beach warrant, and she was there too, and that was the way I see her. I missed my things, and my child pursued her; the child brought her back, and the things immediately. FRANCES ROSSTTER sworn. Q. Are you the daughter of that good woman? - Yes. Q. Last Saturday did you see the prisoner in the house? - Yes, all day, from breakfast time. Q. Did you happen that day to see the things that were lost? - I see the shawl, my mother called to me to bring it out to wash, and I brought it out of the back kitchen to her, and I am not sure whether I put it on the table or on the chair. Q. At that time did the prisoner go out of the house? - At dark. I was in the front parlour making my mother's bed, and I left her in the front parlour, and she said my mother told her to come and rub the things, and while I was making the bed I missed her, and I told my mother, my mother said, she has taken my shawl! and I went out after her, and I went to the pawnbroker's, and the things were not there, and coming one of the passage of the pawnbroker's. I met her at the corner of Old Tothill-street, and another girl with her, and the girl crossed into a clothes shop, and I followed her, and Sarah Dunstan went to go down the stop. Q. Had she any of the things with her then? - Yes. Q. Did you get the things from her? - I got them in the Park, one thing. I got a soldier for to stop her first, and the soldier whispered to her, and dragged her from me, and I got the shawl from her in Dartmouth street, she gave it me there herself. (The bed-gown produced and deposed to.) Prisoner. My prosecutor was acquitted on Friday, and I was cleared about nine o'clock at the ball, and I went to her house in the evening. She told me that she bed gown was much better than my own things. She gave it me to go out and get her a little money, and the shawl likewise, and I went out in the dusk of the evening to get a little money. I was crossing Tothill-street, and this girl met me. The prosecutor told me, that she kept a house for girls, and that she had two girls that went out of nights, and that was why I went to her house. Court to Prosecutor. How many girls have you in your house now? - None but a married woman, except one young woman, that her uncle allows her a maintenance down at Tooting. Not GUILTY . Tried by the first Middlesex Jury before Mr. Baron HOTHAM. 525. MARY CLARKE was indicted for feloniously stealing, on the second of October , two pieces of printed callico, containing fifty yards, value 3l. the goods of Edward Gibson , privately, in his shop . EDWARD GIBSON sworn. I keep a linen-draper's shop in Bishopsgate-street . I was informed by my shopman, that he had missed a piece of print, and had made diligent search for it, and could not find it. I applied to the police office in Worship street, offering a reward of five guineas if they should meet with the print in their walks. I applied to Harper, Monday, October the twelfth, I believe about the middle of the day. I heard nothing from them respecting the prints, but on Wednesday, the fourteenth, a gentleman came to my house, and in consequence of information, I went to the public office, in Goodman's-fields, on the fourteenth, and I see the very print there that I had lost. I think it was in the afternoon, in Little Ailiff-street, Goodman's fields; the officers has kept it. The prosecutor's husband has applied to me since, and offered. Mr. Knowlys. We must not hear what the prisoner's husband said in her absence. JAMES TURNER sworn. I am apprentice to Mr. Gibson. The prisoner is the person that was in the shop on Friday, the second of this month, between six and seven in the evening. Q. What is your master? - A linen-draper. Q. What passed when she was in the shop, was any body else in the shop? -Only the young men that serve in the shop, no customers. Q. How many shopmen had you in the shop? - Three other persons in the shop besides myself. When she came in, she desired me to shew her some prints for a servant's gown. I shewed her several, she begged me to shew her some my lock stripes, which I did, and after I had shewn her a great quantity, she refused having them, said they would not wash, and were not sit for a servant. I then were going to turn over the prints to shew her some that were among the laylock stripes, and she said, no, I will not have it, reach me that off the hinder shelf, then she desired me to cut her six yards of it, after that she opened a pocket book, and took out a pattern, and asked me if we had any thing to match that? we had nothing like to the pattern, but I shewed her one which she approved of better than her pattern, which was a remnant of eight yards. She then looked over two or three others, which she hung down the sides, to see which would look best, She had a little child with her, which was very troublesome, and she made a sad shuffling about the shop. She threw her down some halfpence, and she was for ten minutes picking up these. After I had served her, she begged of me to do up the things in two parcels, for one she durst not carry home, because she said Mr. Smith would not approve of it; I asked her whether I should send the parcel home? she said no, she said she lived in Prince's-street, Spital-fields; I opened the door, and wished her a good evening. She bought a gown for her servant, a remnant of eight yards of print, and a petticoat, and some other things. I believe she paid two pounds four shillings and five pence. I believe that was the sum. On the tenth we missed a piece of chintz print, which I perfectly remember shewing this person; that was on Saturday. Q. Is that the thing that you complain of being stolen? - Yes, and the laylock stripe. Q. How much does the two pieces contain? - I believe about fifty yards. This piece I remember shewing it to the prisoner at the bar, and she refused taking it, and I remember folding it up, and laying it on her side, and I never see it afterwards till I see it at the office. Q. You have described two pieces in the indictment, and you tell us that you only missed one? - No, we did not miss the other. I see them both at Ailiff street office. I cannot recollect the day of the month. I see it laying on the bar before the justice of the office. Mr. Knowlys. This happened on the second of October? - Yes. Q. You keep four persons besides yourself? - There are four persons besides Mr. Gibson. Q. Has your master any partner? - No, he has not. Q. Now you served this woman? - Yes. I did. Q. I suppose you took away and put up the goods that you had taken out of their places, that lay on the counter? - Those goods that I had been shewing to her I took out of the window. Q. Did you put them in their places again? - Yes, I did, after she was gone. Q. And then you missed nothing? - No, I did not, I shewed her such a great quantity. Q. It was not till eight days after, namely, the tenth, that these pieces were at all perceived to be missing? - No, it was not. Q. There might be some hundreds of customers between the second and the tenth? - There might. Q. I think you say, she laid out two pounds four shillings with you? - I cannot be not positive. It was thereabouts. Q. You do not call that a bad customer that lays two pounds four shillings with you? - We call it a middling one, neither a bad customer nor a good one. JOHN EDDY sworn. I am a shopman to Mr. Gibson. Q. Do you remember the prisoner coming into the shop? - Yes, I do, Friday evening, the second of October, about six or seven o'clock in the evening, we light candles before the went out. I don't know whether we had when she came in. She came in, and asked to look at some printed cottons. Our young man shewed her a great many. She laid out about two pounds four and five pence in different articles. She might be in the shop about an hour, or not quite so much. She went out after she had paid for what she had had. On the tenth, I missed a piece of goods, we searched all over the shop, and could not find it. I missed a piece of chintz printed callico. It had my mark on it, I know the pattern very well. The Friday following I told Mr. Gibson. I never found it no more. I see it the Wednesday or Thursday in the officer's custody. Mr. Gurney. We understand there are two persons more employed in the shop besides you and the last witness? - Yes, there are. Q. Your shop is a shop of a good deal of business? - It is. Q. It is of course impossible for you to know what your fellow servants may fell when you are out of the way? - It is. Q. Then of your own knowledge it is impossible for you to know that this piece was not sold by any of your fellow servants that are not here? - I know I never sold it. Q. It was not till eight days after this woman was in your shop that you thought you lost this piece? - No, I did not miss it before. GEORGE HOPPS sworn. Q. You are servant to Mr. Gibson? - Yes, I am. I see the piece of Chintz print in the window the same day that the prisoner was in our house, about six o'clock in the evening, or a little after. I never sold the print, nor ever recollect seeing it in out shop since that day. Q. Have you ever seen it any where else? - I see it in the officer's hands. ALEXANDER MILNE sworn. I am servant to Mr. Gibson. I remember this woman being in the shop she had got a child, and dropped several halfpence. She was picking them up, and at last I picked up one, and laid it on the counter, that is all I know about it. Q. How long might she be in the shop? - I do not remember. Q. Did you see her take any thing? - I did not. Q. To Hopps. Did you see her take any thing? - I did not. Q. To Eddy. Did you you see her take any thing? - I did not. WILLIAM HANSON sworn. I am an officer belonging to the police, Whitechapel. I do not produce any thing in this indictment. JOHN GRIFFITHS sworn. I am an officer belonging to the police, Whitechapel. I produce these two pieces of print. Q. Are they printed callico? - I believe they are. Q. How many yards do they contain? - I cannot justly say the yards. On Wednesday, the fourteenth, we went to Mr. Clarke's house, looking over the prints, we brought these away, which, before the magistrate, Mr. Gibson proved to be his. Q. Who is Mr. Clarke? - The husband of Mrs. Clarke. Q. Where do they live? - In the New Road. It appeared to me to be a linen draper's shop. Mr. Gibson applied to me the night-before. Q. Then you went to the house of these people? - I did. Q. Where did you get these things? -From the shop. Hanson brought them out of the shop, they were exposed for sale I believe. I brought them away, and have had them in my custody ever since. (Mr. Gibson deposes to the prints by their pattern, and the marks being his shopman's hand writing, and he had never sold them.) Mr. Knowlys to Mr. Gibson. You are a married man? - I am. Q. Your wife assist you in the shop? - No, she does not. She has the misfortune to be hard of hearing, and very unfit to be in a shop. Q. The mark is as visible and plain on it now as it was on the second of October? - It is. Q. There is no attempt to take it out? - There is not. Q. If this person took it, she had it eight days, and therefore had time to remove all evidence, yet the shop mark is as evident now as it was when you lost it. (Turner likewise deposes to the goods, and Eddy.) Mr. Gurney to Eddy. The marks are just at the end of the pieces? - They are. Q. These marks might be cut off without any injury to the piece itself? - Most undoubtedly they might. Q. This was eight or ten days before they were found? - Eight days. Court to Mr. Gibson. What value do you put on these pieces? - Three pounds; two pounds on one, and one pound on the other. I would give more a good deal. Prisoner. I leave it to my counsel. The prisoner called thirteen witnesses who gave her a good character. Not GUILTY . Tried by the London Jury before Mr. RECORDER. 526. JOHN COOPER was indicted for feloniously stealing, on the ninth of October , a wooden box covered with leather, value 8s. a muslin frock, value 8s. a linen night cap, value 1d. a linen shift, value 4s. a shirt, value 12s. a linen towel, value 10d. a pin cloth, value 1s. a cotton night gown, value 3s. a pair of cotton stockings, value 18d. a linen handkerchief, value 6d. the goods of John Grieve . SUSANNA LAW sworn. Q. Do you live with Mr. Grieve? - Yes. I know nothing about the property. Mr. Alley. Where does Mr. Grieve live? - In Norfolk-street, in the Strand. Q. Was it in the Strand where the property was put into the coach? - I don't know. RICHARD TIPPS sworn. On Friday, the ninth of this month, I was in Houndsditch. Between eight and nine in the evening, there was an hackney coach, and the prisoner at the bar in the coach, with another man; the other man told the coachman to drive on a little further; I followed it, and the coach stopped, and the coachman got off his box, and opened the coach door, the other man got out, and asked the coachman what his fare was, and he paid him, the prisoner did not get out. The coachman held the door, and observed, that the prisoner did not seem to know what to do. The coachman stood for about two minutes, and then he asked him what he was to do? he bid him shut the door, he shut to the door; it was by a chandler's shop, and I went and put my hand over the hatch and got the candle, and went to the coach, and as I went and opened the coach door the prisoner attempted to get out; I put the candle away, and jumped into the coach, and we had a bit of a struggle, however, I secured him, and put my hand to the hind part, and took out a trunk; the prisoner said it was not his property. I took him the next morning before the Lord Mayor, and the property was advertised. I have got a part of the property here. It was by the approbation of the Lord Mayor that the gentleman should have the best part of the property, because the children had no things to put on. Mr. Alley. What time of night was this? - Between eight and nine I believe. Q. There was another man in the coach with the prisoner, why did you not apprehend that other man? - Because I was not thoroughly convinced that things were not right. Q. Was it not in the city of London where this property was found? - It is. SAMUEL LEONARD sworn. Between the hours of eight and nine, I was first coach at St. Margaret's Hill. A man called out, coach! and told me to the Butcher Row, nearest London Bridge, he got on the box with me. There were two men standing there, when we came there, with a trunk. That is one of them, the prisoner at the bar. I got down and let them in, the two men got inside, the prisoner at the bar got inside with one other man, the man that was on the box went behind the coach. They told me to go, but to no particular place. When I was on the bridge I asked where I was to go, they told I was to go up Fenchurch-street, but when I came within ten yards of Fenchurch-street, one man put his head out of window, the man that is missing, and then bid me go to Houndsditch. When I came to Houndsditch, the man that was behind the coach got down. I followed him up till we came to a court, when I came there, he got off from behind, and went away then, I went and got down from my box, and opened the door, and the other man got out of the coach, and paid me; the door remained open, and I asked the man inside whether I should shut the door? - He said yes, and I got some hay, and began to feed my horses, and the constable he then got a light, and secured the prisoner, That is the person that the constable secured. Mr. Alley. There was another man paid you? - Yes. Dr. JOHN GRIEVE sworn. I have nothing to say, but the property is mine; I came in a post chaise from Shuter's Hill, in company with a post chaise to which the trunk was tied. Mr. Alley. Can you tell where you lost the property? - I understand from Dr. Hunter. Dr. HUNTER sworn. I and my daughter met Dr. Grieve just ascending Shuter's Hill. Mrs. Grieve, my daughter, and I, went on with the trunk and a square box tied to the post chaise, and Dr. Grieve, in another post chaise, and the two post chaises went on together, till we came to Black Friars Bridge, when the boy said, the trunk is gone, and the box was just off, the post boy took up the leather that it was fixed to, and shewed how it was cut as under, observing, that it had been done very dextrously, or something of that sort. Q. Of course you did not see any thing done yourself? - No, but I am sensible the box and trunk was there. The trunk was advertised as lost. Mr. Alley. It was the other side of Blackfriars Bridge? - It was. Court to Law. Did you pack up these things in the trunk? - I helped to pack them up. Q. You know they were in the trunk? - Yes, I know them to be Dr. Grieve's. Prisoner. I was that day walking near to St. Margaret's Hill, and I was called by a man of a very genteel appearance to carry a trunk for him, and I told him, that I would. I am a stay maker by profession, I carried the trunk for him to Butcher Row, he then told me to set it down, says he, we will have a coach, and after some little trifle of time, a man came down in a dark coloured coat, and he opened the coach door, and then we went in with the trunk, then the coach drove to Houndsditch, and he got out of the coach at Houndsditch, paid the coachman eighteen pence, and left me inside of the coach, and told me he should return immediately, then Mr. Tipper came and asked me, what I had got in the coach, I told him that I had something there, says he, I insist on taking charge of you, and he took charge of me in the coach, at least ways at the door of the coach, and he laid hold of me, and went into the coach immediately, and he pulled out this trunk, and he asked me whether this trunk belonged to me? I told him no, it belonged to the gentleman that was gone, and he took me to the watch-house. GUILTY . (Aged 30.) Transported for seven years . Tried by the London Jury before Mr. Baron HOTHAM. 528. MARY CLARKE was again indicted for feloniously stealing, on the ninth of October , two pieces of printed callico, each piece containing fifteen yards, value 5l. the goods of Thomas Gilson , privately in his shop . THOMAS GILSON sworn. Q. Where do you keep a shop? - No. 95, at the bottom of the Minories , a linen-draper 's. Q. Did you see the prisoner come in? - No. Q. Did you see her while she was in the shop? - Yes, I did. On Friday, the ninth of this month, I was called down stairs, the prisoner at the bar was in my shop, when I came behind the counter, I recognized her features. I had seen her about three years and a half before in my shop; I had very great reason to suspect that she was a thief, as such, when she was gone, as there had been plenty of opportunity for her to take goods out of any shop, I looked particularly among them, and I missed two pieces of printed callico. Q. When had you seen these the last time before it was missing? - That I cannot positively say, one of my young men can. I had seen them in the course of two or three days, they had not been in my shop above a week. In the evening of that night I and my young man, John Davis , made particular enquiry in the neighbourhood of Swan-street, where the prisoner had said that she resided, as I understand. I could hear nothing of her that night. Q. When did you hear of her? - On Tuesday following. This was on the ninth that she was at my shop, on Friday. On Tuesday I went down to her house, and I looked into the window of her shop, she keeps a linen-draper's shop. I see her shewing these prints that I had missed to a customer. I came up for assistance to the police office, and they went down with me in about an hour's time; we went there together, we searched the house for about an hour, without finding any thing that we were in search of, except the sag end of one of the pieces which was torn off. I have got it in my pocket; there is no mark on it, but it joins exactly where it was torn from. In the course of this hour we looked down the necessary twice, and there was nothing there, but I not being satisfied before I went, wished to have the place searched again; we went the third time, at least one of the officers did, and there lay these two pieces of print that I had missed, with that sag end cut off; the officer, after he had found them there, gave information to his partner, and I went immediately to the place, and see them there, and helped them to take them out. When I came into the shop again, the prisoner particularly solicited me not to proceed any further, offering me money, which I refused, telling her, that I did no more then what I thought was my duty. Mr. Knowlys. Your's is a shop of a good deal of business, you keep a good many shopmen perhaps? - I keep two. Q. Are you a married man? - I am. Q. Does your wife serve in the shop? - She does not. Q. It was the ninth that you saw her at your house, and the thirteenth, four days after that, you see her at her house? - It was. Q. Did you say any thing about this offer of money before the magistrate? - I don't know that I did. Q. You don't know why you omitted to tell that circumstance before the magistrate? - I did not think of it. Q. It is now above a fortnight since, and at this time it occurs to your recollection? - It does. JOHN DAVIS sworn. You are shopman to the prosecutor? - Yes. On the ninth of October the prisoner came in and asked to look at some different printed callicoes, I shewed her a variety of different patterns. In about two minutes after she came in, she told me her name was Mrs. Smith, a neighbour, likewise she had a sister, an opposite neighbour to us. She was in the shop about twenty-five minutes, as near as I can recollect, and purchased of me two gowns to the amount of three pounds nearly; she offered me a ten pounds Bank note, which I had not cash enough to give change. I rang the bell for Mr. Gillson, he came down stairs, and called me on one side, he gave me reason to suspect her; I came forward, and gave her the change, she immediately went out of the shop, the next instant I looked over the prints that I had been shewing her, I missed two patterns, two quantities, I know them, they have my own marks on them. I then immediately went and asked this person who she said was her sister, if she had any sister in town; she told me she had not. I went that same evening to Swan-street, where she said she lived, near Mr. Gillson's, we could find no person there of that name; on Saturday we enquired in the trade of our neighbours, likewise the same on Monday. On Tuesday we had information of a person answering that description and the name, with that Mr. Gillson told me he would go down to the police office. Q. You went with your master to the place? - I did not. Mr. Gurney. Your master keeps two journeymen, was the other journeyman in the shop at this time? - He was. Q. She bought goods to the amount of three pounds, you don't call that a bad customer that lays out two or three pounds with you? - Not a very bad one, if we had never better, it would be very bad. JOHN BUTTLE sworn. Q. You did not serve the prisoner? - No, I was only in the shop at the time she came in. WILLIAM HANSON sworn. I am a constable belonging to the police in Whitechapel. Q. Have you got the things? - Yes. On Tuesday, the thirteenth of this month, I went, in company with the prosecutor, to the prisoner's house. Q. Did you search the prisoner's house? - Yes, we found nothing in the house of these goods, but in the privy we found these things. (Produced and deposed to.) Mr. Knowlys. The husband was at home at this time? - He was. Q. This privy is common to two houses? - Yes, they sit back to back. Court to Prosecutor. What is the price of this linen? - I put five pounds, they cost me more. GUILTY . (Aged 20.) Death . Tried by the London Jury before Mr. Justice HEATH. 529. WILLIAM HUNT was indicted for feloniously stealing, on the thirteenth of October , seventy pounds weight of lead, value 8s. the goods of John Lee . The prosecutor was called on his recognizance, and the prisoner ACQUITTED . 530. JANE MOUNSLOW was indicted for feloniously stealing, on the eighteenth of October , a counterfeit penny, three guineas, and two shillings and sixpence , the goods, chattels, and monies of Rowland Jones . ROWLAND JONES sworn. I am a farmer's labourer . I lost three guineas and some silver last Sunday sen'night, about three o'clock in the morning. I went along with a woman. I cannot tell the name of the place. I met her in Smithfield , I think, to my knowledge, about ten o'clock, and I went with her to her lodgings, home. I slept there two or three hours I dare say, I gave her half a crown to get some bread and cheese, and a pot of beer. I had the money in a little bag in my stocking. I was rather drunk. Q. Did she see you take the half crown out of this stocking for the bread and cheese? - No, I took it out of my waistcoat pocket. Q. Did you get any of your money again? - I got some out of it. When I awoke she was gone, and my stocking was cut through, and my money gone. She was taken up about one or two o'clock the next morning, to my knowledge. I know the woman's face very well. CHARLES INGLEFIELD sworn. Q. Are you the constable? - I am superintendant of St. John's watch house. Between one and two o'clock in the morning, the eighteenth of this month, the watchman came to me, and said, there was a robbery committed in Turnmill-street. I went down along with them, and this girl and another were standing at the back side of the Sessions house, the man was standing in the alley, and as soon as I took the girl up the alley, he taps the girl on the shoulder, and said, this is the girl that robbed me, and I took her up to her room, and searched her, and found three guineas in gold, and sixpence, and two shillings; it was tied up in a kind of canvas bag. The constable has got it.(Produced.) Q. to Jones. Do you know whether this is your purse? - Yes, it is, I will swear to it. I never took notice of the gold, but I did of the sixpence; this is the sixpence, I will swear to it. Prisoner. That gentleman asked me if I would have any thing to drink; and we had three pints of beer, and he asked me where I lived? and I told him, says he, if you have a home, I will be glad to go home with you; I said, yes, I can make a shift with you, I have two children, and he gave me a shilling for the room all night, and one shilling and sixpence to get some bread and cheese, and he gave me that bag, and I never opened it till the watchman took it from me. GUILTY . (Aged 49.) Imprisoned one year in the House of Correction and fined 1s. Tried by the first Middlesex Jury before Mr. Baron HOTHAM. 531. MARY PIPPIN was indicted for feloniously stealing, on the eighteenth of October , a silk handkerchief, value 3s. a muslin apron, value 8d. a lawn shift, value 1s. a linen handkerchief, value 6d. two linen caps, value 6d. the goods of Mary Gwinnup . MARY GWINNUP sworn. Q. Where do you live? - In Store-street, No. 21 . Q. What do you know of the prisoner taking your property? - They were lost the last Sunday was a week, the eighteenth day of the month, at nine o'clock in the evening. She came along with her husband on business. I am a servant , and she was in our kitchen. Q. Did you see her take the things? - No, they were found on her. Q. Whereabouts were they kept? -On the head of the bed in the kitchen; I sleep in the kitchen, and she took them from there. Q. When had you last seen them there? - Sometime after nine o'clock in she evening. Q. Was her husband with her when she did this? - No, her husband was obliged to go home on business, and she was left by herself. DAVID COLE sworn. Q. Do you remember her coming with her husband? - Yes. I went the next morning to see if I could find her husband; I found her at Marlborough-street. When I came there I found she had been in the watch-house after she had been out of my house; as soon as I see her I told her she must go along with me; as I was going along she whipped into a house, and she asked the woman in the house leave to go backward into the yard. After she came out I asked the woman what part of the house she went to? she told me into the yard; and I went back and found this silk handkerchief, and a sprigged muslin apron, a linen handkerchief, and two caps; I found them all in the necessary; I put them all in my pocket; I ran out after her, and told the person that was with me to watch her; when I came up to her, I said, you had better tell me where the things are; she denied knowing any thing about them; and I took her into my house, and my daughter took the shift off; I did not see it taken off. MARY ANN COLE sworn. Q. Did you search the prisoner? - I did. (The goods produced and deposed to.) Prisoner. I was taken sick, and my husband came in and he held my head, and he brought me out a glass of water, and he persuaded me to take the things, because he said he had spent all his money at Mr. Cole's house, five shillings and sixpence, for supper and liquor. Court to Cole. Is your house a public house? - No, a private house. The man was never out of my presence all the time he was in the house. GUILTY . (Aged 22.) One Year's Imprisonment in the House of Correction , and fined 1s. Tried by the first Middlesex Jury before Mr. Justice HEATH. 532. JOHN TULL was indicted for feloniously stealing, on the 28th of October , a looking glass in a wooden frame, value 10s. 6d. the goods of Thomas Fenn . THOMAS FENN sworn. I live at No. 10, Eagle-street, Red Lion-square . Q. Did you lose a looking glass at any time lately? - Yes, on the 28th, the day before yesterday; from the table in the shop. Q. What is your shop? - A bit of a broker's shop. I was called out by one of the neighbour's; I was at dinner, and he told me that man had something of my property, and I followed him about a hundred yards, and took him with the glass in his hand. Q. How do you know it to be your's? - By the private marks that I put on it for my wife to sell it by. Q. What time was this? - About a quarter before one. Prisoner. I was coming from Tottenham court road; I had been to an acquaintance of mine, and a man met me, and asked me to hold the glass while he went into a public house, and I was standing there, and the gentleman came and took me. Court to Prosecutor. Did he say how he came by it? - He said he picked it up in the street. The prisoner called one witness to his character. GUILTY . (Aged 26.) Six Months in the House of Correction , and fined 1s. Tried by the second Middlesex Jury before Mr. Baron HOTHAM. 533. SYLVESTER HILL was indicted for that he, on the 28th of September , with a clasp knife on William Spice unlawfully, violently, feloniously, wilfully, and maliciously did make an assault, with intent the goods, chattels, and monies of the said William Spice , feloniously and violently against his consent to steal . WILLIAM SPICE sworn. I am a coachman to Mrs. Bevan, at Dalston. On the 28th of September, Monday, half after eight in the evening, a young woman and I were coming from Newington Green to Kingsland , and going through a field we were overtaken by three men, not above twenty yards from the highway, and one of them took hold of me, and said, d-n your eyes, deliver your watch and money immediately. Then after that, this here man that is at the bar now took the young woman from me, and took her out of the path; then one of them put his hand down by the side of him and drew out a case knife, a black handled case knife, immediately he made a job at me, as he had got hold of the collar of my coat with his back hand, and I put up my hand, and stopped him, and I said, I will be d-ed if I do deliver either, and then he jobbed the knife at me, and I gave him a blow and knocked him down immediately; and then the other man came up and gave me a blow, immediately after I had knocked the other down; he did not knock me down; I recovered immediately, and then afterwards I gave him one and knocked him down, and then they both got up and ran back immediately, and said to this Sylvester Hill, let the young woman go; she tried to run away, and screeched two or three times, and then he gave her a blow and knocked her down; it was the prisoner that knocked her down; they all three ran away immediately. Q. YOu did not part with your money at all? - No, nor my watch; I had a watch in my pocket; I would not let them have either. Mr. Knapp. This was a case knife? - Yes, it was, I am sure it was; it was a black handled case knife. Q. Where was this? - Between Newington Green and Kingsland, not in the high road, just in a path across a field; it was very moon light, and I thought it was safe enough to go that way. Q. You have been always certain? -As to the person of the prisoner I am certain it is the man. Q. Have you always been so? - Yes. Q. Then you did not point out somebody else to the magistrate? - No, I did not. Q. Are you sure of that? - No, I did not. Q. Had he any thing about his face? - Yes, he had something about his chin. Q. Had he a round hat? - A flapped bat, and an handkerchief up here, not quite so high as his mouth. Q. And you had never seen the prisoner before? - Not to my knowledge. Q. Were you not under four degree of terror and fright? - I was in her at first. Q. What you bold? - Yes, I was, after heat them. Q. Then never having seen this man, and seeing him for so short a space of time, and being alarmed and having the handkerchief up and the slap hat, do you mean to swear to him? - I do; I have an undoubted right to do so, because I am certain he is the man and no other. Court. I understand you it was moon light? - It was moon light as day, a finer evening there could not be. Mr. Alley. Do you know whether there is any reward attending this conviction? - I don't know, I never enquired. Q. Did you ever hear there was a reward for conviction of a highwayman? - Yes, I have heard that. Q. What do you think is the reward? - I don't know; I never did convict one, nor I do not wish to convict him, unless he is deserving it; but I think this man is thoroughly deserving it; if he is convicted it is no more than what is right. Q. This is the second indictment you have preferred against him? - Yes, it is. Q. Now you are sure he is the man? - I am. Q. I dare say you would say so if it was till to-morrow? - Yes; if it was till next week, or seven years, or twenty years, I would say the same. Court. Were there any lamps near you at that time? - No, there were not. ALICE SPICE sworn. Q. Are you any relation to William Spice ? - I am his wife now. We were walking between Newington Green and Kingsland, and this field was the nearest way to Kingsland; these three people overtook us, this one and two others, between eight and nine; they demanded watch and money, and then this one led me out of the path while the other two were with him; I went to screech, and he stopped my mouth; I went to screech a second time, and he stopped my mouth; and then the other two that were with him said, let her go, let her go; and then he let me go. Then I went to run away, and he ran and overtook me, and caught me, and I went to screech a second time, and he stopped my mouth again, and then the other two said, let her go again; and I fetched a very violent screech; and the instant I fetched the screech, he knocked me down, and then, when I was on the ground, he left me. Q. Did you observe what was done to William Spice? - I observed that one of them had the knife in his hand; I observed that they were tusling with him, that was all. Q. Now as to the prisoner, can you speak to certainly as to him? - Yes; not the least doubt in the world. Mr. Alley. You are the prosecutor's wife? - Yes. Q. How long have you been married to him? - A month the 1st of next month. Q. You were not married to him when I see you at Bow street? - I was not. Q. You say when they demanded the money of the prosecutor, the prisoner was engaged with you? - No, I did not say so. They were altogether when the demand was made of money. Q. You say he laid hold of you two or three times, and you could not fetch a screech at first? Now where did you fetch a screech? How long was the prisoner engaged with you? - Ten minutes. Q. I suppose you edeavoured to resist being much frightened? - My resistance! What is a woman against a man. Q. Did you endeavour to make any resistance at all? - I endeavoured to screech if I could. Q. Consequently I take it for granted that you was more occupied about your own safety than the person of the prisoner? - I see him among forty people and fixed on him immediately, before I came to Bow-street. Q. Whether or no you was not more occupied about reicuing yourself than observing the man's person? - I am confident it is the man. Q. How was the man dressed? - In a blue coat and striped waistcoat. Q. He had a handkerchief over his face? - No, only came up over his chin. Q. And a round hat on? - Yes. Q. Did you ever see him before? - No, never. Q. And yet you venture to swear to him? - Yes, and I would again. Q. Have not you heard any thing about a reward for apprehending a highwayman? - No, I don't know that I have. Q. Has your husband never told you? nothing about it? - No, he has not. Q. Does he keep a secret so strict as that? - I don't know what you mean about reward; I have heard of such things, but I had not the least idea of any thing of the kind. Q. Has not your husband told you? - I have heard such things from him and others. THOMAS AMSDEN sworn. I am a journeyman shoe-maker; I was at the back of Newington-green, and I heard the alarm of murder and thieves cried, and there were four or five of us standing by, and we set off, and ran down the fields, and we met the three men together in full run, and we asked them where the thieves were, and one of them pointed behind, and said, the thieves were down there; one of them had a handkerchief over his forehead; I ran by them, and another that was with me, and somebody said they were the thieves; we turned round immediately and pursued them, and they ran a little way from the foot path, and ran where there was no path at all, and two got over the pales, and I overtook this man at the bar, and laid hold of him by the collar, and told him he was the thief, and he said, what be you going at with me? or something of that kind; and a young man, John Abery , that was with me, I told him to take hold of him, and he pushed him away. Q. You detained him? - Yes. Q. You had him carried before a magistrate? - Yes. Q. Did the people who were robbed come up immediately? - A little time afterwards they did, to a public house that was there; the officers of Bow-street came up just as I was going in there. Q. Did the people that were robbed come in, either of them? - Sometime after they did, John Spice and the young woman; I was out when they challenged him. Mr. Knapp. So a man had a handkerchief over his forehead? - Yes, with a drab coloured coat on, one of them had. Q. You attended the examination before Mr. Bond? - Yes, I did. Q. Of course you did not like to come here without being paid for it; you must have something for your trouble? - I am a journeyman. Q. You asked Mr. Bond how you were to be paid for your time? - Yes, I did, I told him I was a poor man, and could not afford to lose my time. Q. You are sure the man had the handkerchief over his forehead and a drab coat on? Court. You do not mean to say this man had? - No, not this man, that man went over the pales, this man had a blue coloured coat on when he was taken. JOHN ABERY sworn. I am a shoe maker; my master and I we heard the cry of murder in the field, and we directly ran down the field, and we met that man and two more, and we asked them where the thieves were; the man in the brown coat pretended to cry, and said they were gone that way, towards Newington; the young man behind us said, they are the thieves, directly we all turned round and went after them, and they went out of the foot path into another field, and went two round the the hay stack, and this young man went on the field, and one tried to get over some pales where there were some tenter hooks, and I got up to him and struck him, but I found I could not get him, and so I followed my master after this one here, and when I took hold of his collar he pushed me away, and said, d-n you, what do you want with me? you shall not hold me; and my master stepped up, and said, if he cannot hold you I can, and he collared him, and they took him to the Green Man, Ball's Pond. Mr. Alley. What share are you to got by your activity on this occasion? Would you have come here to prosecute if you had not been offered something? Did not Mr. Bond tell your master that he would be satisfied for you? - He told my master if so be the court did not satiefy him, come to him, and he would. WILLIAM BLACK sworn. I belong to Bow-street office; I know nothing more than taking the prisoner into custody after he was apprehended; I heard the rattles spring when I was at Ball's Pond gate; I searched him, but found nothing material on him, only sixpence, three pence halfpenny, and a hand kerchief, and a stick in his hand, nothing else. Prisoner. I leave it to my counsel. GUILTY . (Aged 34.) Judgment respited . Tried by the first Middlesex Jury before Mr. RECORDER. 534. WILLIAM OSLAND was indicted for feloniously stealing, on the 9th of October , six guineas, and half a guinea; the monies of Charles Daley ; nine guineas, three half guineas, two crown pieces, a half crown, and a shilling, in money; the monies of Joseph Hull , in the dwelling house of Charles Daley . CHARLES DALEY sworn. I am an iron founder , No. 61, Turnmill-street, St. John's, Clerkenwell ; I went off to work about six minutes to six o'clock, the 9th of October, and I left the place safe; the prisoner was quite a stranger to me. SARAH DALEY sworn. Q. Are you the wife? - Yes. On the 9th of October when I shut the street door, the clock had just struck six; I went to market as usual (I keep a green stall) and when I came home, about twenty minutes after seven, my place had been broke open; I found my door open, and going into my room I found my drawers all open; when I went out I double locked the door, and locked my room; there was only a child of mine in the room a bed, four years old the 4th of last month. When I went in I see my back door open, and I immediately went up to the place where I had laid a parcel of money to pay my rent and taxes, it was six guineas and a half tied up in an old shawl, and I missed it all, and I had a brother come out of the country, who boarded with me, he left a box with me; and all the clothes were pulled out of his box, and his money was all taken away. The six guineas and a half of mine was in a bureau, tied up in an old shawl. Q. Was that bureau broke open? - Yes. Q. What did you lose of your brother's out of the room? - There were nine guineas and three half guineas, gold, two crown pieces, a half crown, and a shilling. Q. What is your brother's name? - Joseph Hull . Q. You know what money he had in his box yourself? - Yes. Q. Is your brother here? - Yes. Q. Have you ever recovered any of this money? - No, not a single farthing of it. When I came home my surprise was so great at losing every penny we had, I made a great alarm in the neighbourhood, and the young man that lived up in the two pair of stairs next door knew two more that had been in the house, and that prisoner was one of them. Q. You never see them there yourself? - No. Q. You never found any of your money on this boy? - No. Q. Now if your money was produced should you know it again? - No, I don't know that I should. Q. There was nothing taken but your money? - Only that old shawl and an old stocking. Q. You have never seen that bit of shawl since? - No. JOSEPH HILL sworn. Q. You are the brother of the last witness, are you? - Yes. Q. Had you a box in the house? - Yes. Q. Did you miss any thing on the 9th of October? - I missed my money; I did not sleep in the house, I sleep in Castle-street, opposite. Q. When had you last seen your money in the box? - On Sunday. Q. What day was it missing? - On Friday; I came home between nine and ten o'clock on Friday morning, I was sent for on account of the box being opened; I always left it locked; the lock was picked. Q. Did you find the box open? - Yes. Q. What was the money you missed? - Nine guineas, three half guineas, two crown pieces, a half crown piece, and a shilling. Q. Have you ever recovered any of it? - No. Q. Do you know who took it? - No, I do not. WILLIAM HOLDSWORTH sworn. I work for Mr. Risdon, on Back-hill. Coming down early, about half after six o'clock, this here one and another watched me down the alley, Pit-alley I believe it was, or Frying-pan-alley, I don't know which. Q. Did the woman, Mrs. Daley, live in that alley? - Yes, the back door comes out of that alley; I came out of the next door to it, up the alley; this one watched me out of the alley, and I was talking to a bricklayer just at the bottom, and they both came down the alley, and ran up towards the green, as hard as ever they could. Q. Did you see them come out of the house? - No, I did not. WILLIAM FORD sworn. I am a constable; about eight o'clock I received information that Joseph and William Osland had robbed this woman; I found this and another in Smithfield about nine o'clock, I took him into custody immediately, an I found nothing on him but four penny worth of halfpence, and a bit of an old bank note for the year 1779. THOMAS MORRIS sworn. I am a constable, Gunpowder Flaskalley, I went by information of this Holdsworth to apprehend the boy. Not GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 535. RICHARD STEVENS was indicted for feloniously stealing, on the 30th of September , four pieces of linen cloth, value 16l. two pieces of huckaback, value 5l. thirty muslin handkerchiefs, value 8l. eighteen pieces of muslin, value 60l. three pieces of cambrick, value 10l. six huckaback towels, four dozen linen napkins, nine diaper napkins, eighty-four linen napkins, and five linen table cloths; the goods of Christopher Crook and John Francis , in their dwelling house; and on the 11th of October , for feloniously stealing, two pieces of muslin, value 10l. the goods of the same persons . A second COUNT for stealing the same goods, laying it to be in the dwelling house of John Francis only. CHRISTOPHER CROOK sworn. My dwelling house is in Surry-street, and I am a linen draper in York-street, Covent-garden , I do not keep the house there myself, Mr. Francis resides in the house, but the business is carried on in the warehouse underneath the house which he inhabits; the partnership pays part of the house, that is, I pay part of the taxes. Q. Are there any partnership servants sleep there? - There are. On Friday the 2d of October, in consequence of some particular application for some muslin from a neighbour, I desired one of our servants to bring down a piece of a particular mark; he went to look for the particular piece and could not find it; we made a very particular search, and could not find it; we concluded taking our stock, apprehensive that this piece might not be gone alone, I went and looked over the wrappers, to see if any other piece might be gone, in looking them over I found that another piece was gone out of the very same lot; who had taken them at that time we could not tell, but from some particular circumstances our suspicion fell on the prisoner at the bar; he had left our service that very morning, the 2d of October; we then took some pains to find out where he was; we found out that he was at a very reputable house in Bond-street, I called there, but did not find him at home; after that one of the partners in the house called on me, in consequence of that I went after him on Tuesday to Bond-street, with an intention of charging the prisoner with the fact; I went there, and he was then at dinner in the house, I called him out, at least desired a servant to do it; when he came to the door, I told him that having missed several articles, our suspicions fell on him. Mr. Knapp. When you told him this did not you tell him it would be better for him to tell the truth of the business? -At that time I said nothing at all about it. I did afterwards. Court. Then nothing that he has said after this can be evidence with regard to the discovery he made? - I went up stairs with the prisoner to the place where the boxes were, and there I found two pieces of Irish linen laying in a corner of the room, in a hat box. They are in the indictment. We had afterwards the box opened, in that box we found a great quantity of muslins, huckaback, and Irish linens, and cambricks. After that, Taylor, from Bow-street, was called up, who examined his pockets. Q. Were you by at the time? - I was. In his pockets he found twenty guineas, and among his papers taken out of his pocket was found a catalogue, together with an account annexed to that catalogue. It was a catalogue of goods to be sold at Fellows and Myers's, Aldersgate street. We went to Bow-street, and got a summons from Mr. Bond to Mr. Fellows and Myers's, in order to come and produce the goods the next morning. I went with the summons in my pocket to Messrs Fellows and Myers, but previous to the delivery of the summons, I went into the warehouse to inspect the goods that were marked in the catalogue as delivered to them by the prisoner at the bar. Q. What is Fellows and Myers? -Brokers and auctioners, in Aldersgate-street. I have the catalogue here now, marked in his own hand writing. Q. What are these goods in the catalogue? - Four dozen of napkins, four eight-quarters of diaper cloths, nine diaper table-cloths, eighty our linen napkins, five table cloths to match these napkins, two pieces of muslin, also one of which pieces of muslin was the very one that I originally missed, which led to the discovery. I afterwards went to his taylor's, benjamin Caddington, in Brewer-street. The taylor shewed me some callicoes, which he had bought of the prisoner; this was I think a day or two afterwards. Q. Did all this pass on the second? - No. it was on the sixth that I went to Bond-street. Q. When did you go to the taylor's? - That was on the eight I believe, where I found some callicoes. I opened on of the pieces out, and I mentioned before hand to the taylor some defects that were in it. The property is all in court now. All the property that was taken from his room was delivered up to me at Bow-street. Q. Have you kept it ever since? - I have. The rest of the property is in the hand of the auctioner, and the callico is in the possession of the taylor. Mr. Knapp. Your name is Christopher Crook? - It is. Q. Have you any other partner besides John Francis ? - I have not. Q. Nobody has any interest in the trade? - No. Q. These things must be taken at different times? - No doubt. Q. The particular day in which any of them were taken you don't know? - Except, I am pretty confident that the two pieces of muslin were taken away on the first of October. I see it myself on the thirtieth of September, the day before. The muslin cost us six pounds ten shillings. I will swear that I believe it went on that day. but I cannot swear it. Q. These pieces of muslin you see at Fellows and Myers's that was in consequence of a catalogue to be sold there? - Yes. and also an amount of it in the prisoner's own writing. Q. Fellows and Myers are brokers and auctioneers, of course they sell every thing that they do sell openly? - They do. Q. So public and open that it was expressed in the catalogue when it was to be sold? - It was. Q. Therefore all the world might have known as well as you what it was to be sold? - Yes, they might. Q. Now these two pieces of muslin, how long might you have had them in your shop before? - Perhaps a couple of months. Q. What sort of muslin is it? - Plain India muslin, marked in my own hand writing. Q. When you say there was some Irish linen found in a box up stairs, in Bond-street, I believe the prisoner at the bar did not go up stairs with you? - Yes, he did, he shewed us the boxes, and denied there was any thing in them. Q. But he shewed you the boxes? -He did. Q. So that he was the very means of detecting himself. JOSEPH TAYLOR sworn. I am one of the officers at Bow-street I went with Mr. Crook, I apprehended the prisoner in Bond-street, and in searching of him, I found twenty guineas in his pockets, that is all I know. Q. What day was that? - The sixth of October. WILLIAM MYERS sworn. Q. What are you? - A broker. Q. Where do you live? - In Aldersgate-street. On the first of October the prisoner came to our house, I was at home, he enquired when we should have a sale of linen goods, that he had been in trade in the country, he had kept a shop, that he had left off business with an intent to go to America, he had brought the stock in trade to town, or a part, I am not sure which, and it was at Mr. Dudding and Richardson's, in Oxford-street, at whose house he resided till the ship should fail; he then said he had been recommended by his friends to sell part of his stock in trade, and he was recommended to our house to dispose of it; he had brought two pieces of muslin with him, and he would send the remainder in the evening, or in the following morning, and he said he should have occasion for some money, and asked me if I would let him have ten guineas, five I gave him that evening, and five on the following day; he sent the remainder of the goods that evening, and called the next day about noon, he enquired whether it would be best to sell them privately or publicly, I told him, that from the nature of the goods, they would go to more advantage in a public sale; he agreed that it should be so, the only objection he had to it, he was fearful the ship would fail before the goods would be sold, and he should not have time to receive the balance, I told him, that I did not think it would make any odds, as he had friends in town, we would pay the balance to them; we put them in a public sale, and had the catalogue printed. He told us he should be every day on the change to see the captain to know when the ship would fail, and that if we wanted him we might see him at the New York coffee-house, or at No. 24, Bond-street. On Tuesday after, we sent him a catalogue at the New York coffee-house, marked in the margin against such lots as were his property. He called on that day at our counting house, and asked me whether I thought the goods were likely to sell well, I told him there was no doubt of it, as there had been catalogues distributed all over the town, the goods had been advertised, and many had been to view them. He then asked me if I would let him have twenty pounds, as a further advance, he said he had occasion to buy some necessaries for his voyage. Q. How much did you advance him more? - Nineteen guineas. When he wrote the receipt, he went away, and I see no more of him till he was in custody at Bow-street. The following morning, Wednesday, Mr. Crook came to my house. Mr. Alley. You say that this man consented, since it was more to his advantage that these things should be sold by public sale? - He did. Q. You are in a very extensive way I believe? - We do a deal of business. Q. He gave you his fair directions either at Bond-street, or at the New York coffee-house? - He did. Q. Notwithstanding these catalogues and advertisements, which go to this man's master among the rest, he came to you afterwards? - Yes, he did. When he signed the receipt, he did not sign it in the name of Stevenson, but in the name of William Shepherd . Court to Crook. You have heard this witness describe where the prisoner lived in Bond-street, was that the same house as where you found him? - Yes, the same house. ROBERT SMITH sworn. I am clerk to Fellows and Myers. On Thursday, the first of October, about nine o'clock in the evening, the prisoner at bar the came to me with a box, containing sundry goods. Q. Did he bring you all the articles in the catalogue? - He brought two pieces of muslin in the morning. Q. Were you at home then? - Yes. When the prisoner at the bar came in the evening, he asked if Mr. Myers was at home, I told him he was not, he gave me a letter, and told me to give that letter to Mr. Myers, saying, that it specified what was in the box, which I did in the morning. (Produces it.) The prisoner said, he would call on Mr. Myers the next day about eleven or twelve o'clock. Mr. Knapp. Messrs. Fellows and Myers are brokers we understand? - Yes. Q. Sell goods by public sale? - Yes. Q. They have catalogues of all the goods that are to be sold, so that all the trade in town and country may know what is to be sold at your sale? - Yes, those in town may. Q. The prisoner brought this box and letter, and made no secret about it at all? - No, he made no secret that they were his. BENJAMIN CADDINGTON sworn. I am a taylor, No. 29, Brewer-street. Q. Do you know the prisoner at the bar? - Yes. Q. Did he ever bring any thing to you? - Yes, in the months of August and September, several pieces of callico at different times. Q. How many pieces might he bring you in all, did he bring you five? - Yes. Q. Did you buy it of him? - Yes. I gave him a fair price, I gave him altogether six or seven pounds. Q. Can you say whereabouts you gave him for each piece? - About four or five and twenty shillings, and some two and twenty shillings and a guinea, I am not certain. Q. Have you kept the callico ever since? - Yes. Mr. Alley. I take it for granted he brought them at separate times? - He did. Court to Prosecutor. Produce the property taken at his lodgings? - Eighteen pieces of muslin, worth sixty pounds, in some my marks are totally cut off, and he has put another mark on them, but I can trace my hand writing on some of them. Q. What would you give for the lowest piece of muslin there? - About five and forty shillings. Twenty-eight muslin handkerchiefs, with my own marks on it, my own hand writing on it, though he has endeavoured to erase it; three pieces of cambrick, I would give ten pounds for them; I would give four pounds a piece for the Irish linen; and here is some huckaback besides, I believe them all to be mine. Q. To Mr. Myers. Have you got all the things described in this paper? - Yes, I have, two pieces of muslin. Prosecutor. There is the very piece I originally missed, with my own land writing on it, they are worth more than ten pounds together. Q. Have you seen the other things at Mr. Myers's? - I have, I am perfectly convinced they are all mine. Q. Look at the callico produced by the taylor? - It was a lot that was damaged, and they are marked half a yard over, it is the custom of our house to mark them so, I don't know that it is the custom of other houses. Q. Can you say that such property was missing from your house? - No, I could not, we have such a quantity of callico; I believe it to be mine. Prisoner. The prosecutor, at the time that he took me, told me that he would not prosecutor me if I would confess. Court. Every part of this case is a case of facts, I have stopped every word of confession. GUILTY . Death . (Aged 26.) Tried by the second Middlesex Jury before Mr. RECORDER. 539. BENJAMIN ABRAHAMS , CHRISTOPHER MASON , and JACOB MOSELEY , were indicted for feloniously forging, on the twenty-third of September , a certain paper writing, purporting to be the last will and testament of one Samuel Hounsley deceased, with intention to defraud Ann Hounsley . A second COUNT, for forging the same, with intetion to persons who, by law, would be intitled to a certain sum of money. The third and fourth COUNTS, with uttering the same, knowing it to be forged. (The case opened by Mr. Jackson.) ARTHER OWEN sworn. Q. Do you produce the will of Hounsley? - Yes, I do. Q. What are you? - Clerk to the Bishop of London's office. Q. You had that out of the office? - I had. (The bill read; wherein he bequeathed all his wages and whatever was belonging to him, to Benjamin Abrahams . Witnesses by Jacob Moseley and Christopher(Mason . Q. What was the name of the ship he went on board? - The Earl of Abergavenny. WILLIAM PRITCHARD sworn. Q. You are clerk, I believe to the India House? - In the Pay office. Q. You know Abrahams? - Yes, very well. Q. Did he apply to you at any time as executor to the will of Hounsley? - Never to me. Q. Do you know of his application to the office? - Not of my ownself. Q. What book have you got here? - The signature of Hounsley, deceased. Mr. Shepherd. Pray what was the amount of this property that was devised by the will? - I cannot tell without opening the book. (Reads.) " Samuel Hounsley , wages due to him seven pounds ten shillings and eight-pence, and effects that sold before the mask, when he died, three pounds eighteen shillings and sixpence." Q. You have known Abrahams some time? - I have for these three or four years. Q. He did business for the India company? - He did find men for the commanders and owners of the ships. Q. You had therefore an opportunity of transacting business before him? - Yes, because he signs before me, whenever he is bound for a person. Q. Has not this man always had the character of an honest man? - Quite so, as much as I know of him. Q. Have you seen him write often? -O yes, a vast number of times. Q. Have you ever seen Hounsley write? - Yes, three times, that I can swear to. Q. I believe Hounsley came with Abrahams to you, before he went abroad, for the purpose of executing some bond? - He did; this is the bond. Q. Will you look at the signature of that will, Samuel Hounsley? - I firmly believe it is one and the same hand writing, but I will not positively swear to it, because I did not see it. Q. Except that you did not actually see it executed, have you any doubt that it is his hand writing? - It corresponds exactly with the hand writing that I see him write. Q. Did you not tell the prosecutors so themselves? - I told Mr. Fletcher so. Q. Did you tell any body so on the part of the prosecution? - No one applied to me. I firmly believe it is Hounsley's hand writing. (The absent bond shewn him.) Q. Did you witness the execution of that? - I did. Q. Did you see Hounsley execute it? - I did. Q. The other signatures in your book you see Hounsley sign? - I did. I have got the contract they are obliged to sign before they go to sea, it is in the hand writing of Hounsley. Q. Is that another document from whence you form your judgment? - It is. Q. Then you have got three signatures in the book, those articles and that power of attorney. Q. When a man applies to these men, such as Abrahams, to sit them out, they sit them out with slops? - They do. Q. And it is a very common thing in the course of that business, for the person who gets the birth to he bound for them, and sit them out? - It is so. Q. At this very instant Mr. Abrahams was bound for Hounsley? - He was; here is his bond for a hundred pounds for him. Q. Except this man had some estates in the skies, ten pounds and odd would have been the whole that he could have received? - It was. Q. I believe all the documents, the power of attorney, the absent bond, and whatever was to entitle any one person to receive money, were all directed to Abrahams? - They were. JOHN MARTIN sworn. I am clerk of Mary's Whitechapel. Q. Did you know Samuel Hounsley , the deceased? - Yes, very well; he was my apprentice. Q. During the time that he lived with you, had you an opportunity of seeing him write? - I have seen him write many times; but I suppose it is eight or nine years ago; it is so long ago that I cannot swear positive. Q. What age was he when he died? - Here is the indenture in my pocket; I suppose he may be three or four and twenty. Q. Look at that will. - I never see him make any abbreviation in his christian name in my life; he wrote Samuel in full. Q. Look at the character. Do you believe, or do you not, that is his hand writing? - Really I cannot say; nor I would not wish to say what I do not think. Court. Supposing it had been wrote at full length, what should you have thought then? - Why then I should rather have thought it was his hand writing. Mr. Shephard. So all the documents that have been produced, Samuel is wrote contracted. All three Not GUILTY . Tried by the London Jury before Mr. Justice HEATH. 537. JOHN CHIPCHASE was indicted for feloniously stealing, on the 16th of September , a bill of exchange for 122l. 12s. the property of Richard Burkitt and Thomas Fothergill . (The indictment opened by Mr. Knowlys.) RICHARD BURKITT sworn. Q. I believe the prisoner was clerk to you and Mr. Fothergill? - Yes. Q. What is your partner's name? - Thomas Fothergill . Q. The prisoner at the bar had been your clerk for some time? - Yes, for three or four years. The bill came by post; I opened the letter myself, on the 14th of September; I have the bill.(The bill and letter produced.) I opened it and gave it to one of the clerks; it is due the 17th of September. Q. Did you receive the money for that bill? - No. Q. What became of the prisoner? -He absconded with the bill and other property, on the 16th. Mr. Shepherd. Tell us what situation Chipchase was with you? - Was he clerk with you? - He was. He used to receive money and bills, and once or twice a week I used to settle the balance with him. Q. So that if, for instance, he might receive money on Monday or Tuesday, on Wednesday you could receive the balance and settle with him? - Yes. Q. He was, in fact, cashier? - He was employed to receive money and make payments for freight, and such things. Q. You say this bill came to his possession in the regular course of his business? - I believe the bill was given to the other clerk, John Forthergill, to carry for acceptance. Q. But whenever it came into his possession it came in that character, in which he served you? - Yes, just so. Q. Of course, if this had not happened that bill would have been carried to account in his accounts? - This bill was never entered in the accounts. Q. I put this question to you; had he not, in the course of his employment, authority from you to receive money and to charge himself with money? - He had not, before they became due. Q. For instance, that very bill in your hand, if he had not gone away with it, he would have received the money, and if he had wanted any particular sum to disburse, he would have paid it away, and have carried that also into the account? - He may sometimes; but the usual course is for to send it to the bankers, and they are to receive it. Mr. Knowlys. Your usual course was to send it to the bankers for them to receive it? - Yes, it is. CHARLES MILLS sworn. I am clerk to Messes. Le Febure and Co-bankers, in Cornhill. Q. Did the prisoner, Chipechase, bring any bill to you on the 16th of September? - Yes. Q. Has it been since paid? - Yes, paid on the 17th. Q. When he came to you what did he say? - He put the bills into my hand as usual, on the 16th, I asked him what was to be done with the bills, they were not indorsed. Q. Is it usual that the parties who send the bills to your house should endorse them? - Always when they are discounted. I asked him whether they should be entered in Mr. Burkitt's account as short bills, or what was to be done with them? He said, he wanted small notes and money for them. I hesitated a little, because it was the custom of every person to indorse every bill they sent in; I offered to give him some light money, which laid on our hands, in order to be changed whenever they chose; he objected to the offer of the light money, and said, it must be good money, it was for Mr. Burkitt's particular use. Q. Had Messrs. Fothergill any considerable balance in your hands? - Yes, I believe a very considerable one, they always have. I gave him the money, a hundred pounds in small notes, and the rest in cash. Q. I believe you have received the money on that note for Messrs. Le Febure and Co. as their due? - Yes, I have. Mr. Raine. I observe you state that when he put the bills into your hands, he did it as usual, by which I should suppose that he was in the constant habit of doing. this? - He used to come three or four times a week paying money, and sometimes taking it out. Mr. Knowlys. Has he been in the habit of discounting bills? - He has come to the house and left bills. JOHN FOTHERGILL sworn. Q. I believe you are clerk to Messrs. Burkitt and Fothergill? - Yes. Q. In consequence of the prisoner's going away, you went after him? - Yes, with Miller. He went away on Wednesday the 16th, and I followed him on the Saturday after; we found him at Falmouth, but we went to Plymouth first. Q. What name did he go by at Falmouth? - He was known by no other name there than Frederic Eden ; he and the young woman that was with him went by the name of Eden. Q. Did you acquaint him with the nature of the purse it? - He knew, immediately as he see me he said he did not expect to see me there, or he would not have come ashore if he had; the officer took him, I went on board the ship to get the trunk, it was his trunk, marked Frederic Eden; the prisoner told me where the trunk was; there was a bag of gold in it; Mr. Miller took it out and carried it to London. JOHN MILLER sworn. Q. You are one of the officers at Bow-street? - Yes. Q. Did you go to Falmouth to apprehend this young man? - Yes, I went in company with the last young man, John Fothergill; I apprehended the prisoner at the Dolphin, a public house; and after I had Chipchase in custody, and his girl, I went on board the vessel, and brought away a trunk, I opened the trunk, and found a canvas bag containing three hundred and seventy two pounds twelve shillings; here is a receipt of Mr. Fothergill's, which I received for the money. Q. Did he say any thing when he was taken? - He was rather glad that he was taken, that he might come back again and see his friends. Q. Do you know what name he passed by? - Captin Eden. Q. Of whom did you understand that he went by the name of Captain Eden? -Of Mr. Burkitt; I apprehended him by the description of the person, nor by any name. Mr. Shepherd. You say when he was down there he was desirous of coming back again? - He was. Q. I believe there was an offer made him by some of the people in the ship, of taking him away in spite of you? - So I was informed. Q. Did not he tell you that he wished to come back, in order to do justice, but that the American sailors had offered to rescue him if he had chose? - I dare say there were near three hundred seamen about; I believe he spoke to them when he came out; he spoke to the Captain, and I know the Captain whispered to him three or four times before I brought him away, I am sure it would have been impossible for me to have brought him away if he had said half a word; the Captain and the landlord of the house were so much against me, that I thought myself in great danger. Q. Was it not in consequence of his good conduct that the rescue was prevented? - Certainly. JOHN SIMS sworn. Q. I believe you are clerk to Mr. Stothard, the indorsed of that bill? - Yes, I am; the indorsement is his own hand writing. Q. Do you know the people that carry on business in the name of Gotheridge and Co. - Yes; I took the bill of Mr. Gotheridge myself, I sat by him at the time he drew it. Q. Do you know Mr. Gotheridge's partner? - Yes, Mr. Henderson. (The bill read.) "11 September 1795. Bilerica; Three days after sight please to pay to Mr. J. Stothard or order, one hundred and twenty-two pounds twelve shillings. value received. Gootheridge and Co. To Mossrs. Adams and Welsord, No. 7, Buckingham-street, London. Accepted for Messrs. Adams and Wetsford 14th of September. Thomas Cooper ." THOMAS COOPER sworn. Q. I believe you are clerk to Messrs. Adams and Welsford? - I am. Q. Is that you hand writing? - It is. Q. I believe you accepted it? - I did. Q. Do you know Messrs. Gootheridge and Co.? - I do. Mr. Shepherd submitted to the court, that that which had been proved by the witness against the prisoner, was not of that nature as charged in the indictment, the witnesses proving only a breach of trust, and the indictment charging a felonious taking; but the court were clearly of opinion that this was a felony, for although he had authority from his master to go and receive money on bills, yet he had no authority from him to go and receive money and apply it to his own use. The prisoner called five witnesses who gave him a good character. GUILTY . (Aged 19.) Transported for seven years . Tried by the London Jury before Mr. Justice HEATH. 438. GEORGE CLARE was indicted for feloniously stealing, on the 10th of October , a linen wrapper, value 1s. 3d. four pieces of callico, each containing twenty-eight yards, value 5l. 12s. 3d. the goods of Thomas Taylor . JAMES BARNETT sworn. I am agent to Mr. Taylor, the proprietor of the Ludlow waggon . I was in the house at the side of the gateway of the George in Smithfield , and I see the prisoner come from the warehouse with the truss under his arm; he had got out of the gateway, and going towards St. John's-street; I took him two doors from the gateway, with the truss under his arm. JOHN WAINWRIGHT sworn. I am servant to Badger and Hudson. On the 10th of October I packed up four pieces of callico, two pieces of died and two pieces of white, I gave them to our porter, William Bevans , to carry them to the inn. WILLIAM BEVANS sworn. Q. Did you receive four pieces of callico? - Yes, I carried them to the George inn, Smithfield, I delivered them to the charge of Mr. Taylor; they were not put in the warehouse, they were put on a chest at the warehouse door, I put it there. Q. Were you present when the prisoner was apprehended? - No, I was just gone. JOHN HINCHION sworn. I was at the George alehouse, the corner of the inn, and the prisoner went out, I had some knowledge of him (he is a shoe maker ) because I had seen him before; I came out to look after him, and I missed him, in missing him I looked down the gateway, and did not see him there, I just turned my back, and I see Barnet have him in custody, with the truss under his arm. Bevan. This is the truss, I know the marking of it outside, the direction to the gentleman on it is for R. Rickards, Witley. (It is opened) Wainwright. Here is the invoice, I put it in myself, it is not my hand writing, but I know it, I put my mark upon it. Prisoner. All the defence I have to say is this, I do not deny that I took it, but I was never out of the yard at all. GUILTY . (Aged 31.) Imprisoned two years in the House of Correction , and fined 1s. Tried by the London Jury before Mr. Justice HEATH. 539. ELIHU YALES and SAMUEL NEWELL were indicted for wilful and corrupt perjury . Mary Ann Shipwash , Booth Brathwaite , and William Bowen were called on their recognizances and not appearing the prisoners were ACQUITTED . 502. JAMES MONTETH was indicted for that he, on the 28th of September , with a certain offensive weapon and instrument, called a wooden stick, on Walter Smith , Esq . unlawfully, maliciously, and feloniously did make an assault, with a felonious intent to steal his goods, chattels, and monies , against the form of the statute. The Court ordered the indictment to be quashed for informality, and a new one to be preferred. See No. 518 subsequent.

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CENTRAL CRIMINAL COURT Sessions Paper. NEWTON, MAYOR. SEVENTH SESSION, HELD APRIL 30TH, 1900. MINUTES OF EVIDENCE, TAKEN IN SHORT-HAND BY JAMES DROVER BARNETT AND ALEXANDER BUCKLER, Short-hand Writers to the Court, ROLLS CHAMBERS, No. 89, CHANCERY LANE THE POINTS OF LAW AND PRACTICE REVISED AND EDITED BY EDWARD T. E. BESLEY, ESQ., Q.C. OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. VOL. CXXXII. SESSIONS VII. to XII. LONDON: STEVENS AND SONS, LIMITED, 119, CHANCERY LANE, Law Booksellers and Publishers. THE WHOLE PROCEEDINGS On the Queen's Commission of OYER AND TERMINER AND GAOL DELIVERY FOR The City of London, AND GAOL DELIVERY FOE THE COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION OF THE CENTRAL CRIMINAL COURT, Held on Monday, April 30th, 1900, and following days, Before the Right Hon. Sir ALFRED JAMES NEWTON , Bart., Alderman, LORD MAYOR of the City of London; the Hon. Sir JOHN COMFTON LAWRANCE , Knt., one of the Justices of Her Majesty's High Court; Sir REGINALD HANSON , Bart., M.P., LL.D., F.S.A., Sir JOSEPH RENALS , Bart., and Sir GEORGE F. FAUDEL PHILLIPS , Bart., G.C.I.E., Aldermen of the said City; Sir FORREST FULTON , Knt., Q.C., Recorder of the said City; Sir JOSEPH COCKFIELD DIMSDALE , Knt.; JOHN POUND , Esq.; WALTER VAUGHAN MORGAN , Esq.; FREDERICK PRAT ALLISTON , Esq., other of the Aldermen of the said City; and FREDERICK ALBERT BOSANQUET , Q.C., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court. SIR WILLIAM PURDIE TRELOAR , Knt. SIR ALFRED HENRY BEVAN , Knt. Sheriffs. W. H. C. MAHON , Esq. J. D. LANGTON , Esq. Under-Sheriffs. CENTRAL CRIMINAL COURT . NEWTON, MAYOR. SEVENTH SESSION . A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age. LONDON AND MIDDLESEX CASES . 282. FREDERICK HENRY POLLEXFEN , Maliciously publish ing a false and defamatory libel of and concerning George Darlington Simpson . SIR EDWARD CLARKE , Q.C., for the Prosecution, offered no evidence. NOT GUILTY . 283. THOMAS ATKINSON DUCKETT (52) PLEADED GUILTY to forging and uttering a request for the payment of £150, with intent to defraud; also to forging and uttering a telegram with intent to defraud, having been convicted at this Court on September 8th, 1896.— Discharged on his own Recognizances. 284. VALENTINE EDWARD COOMBES (32) and JAMES CLARK (32) , [Pleaded Guilty: See original trial image.] to stealing a chain and other articles, the property of Edward McGuire ; Coombes having been convicted of felony on June 1st, 1897, and Clark on October 17th, 1896. COOMBES also PLEADED GUILTY to stealing a coat and other articles, the property of Frederick Sherwood. Two other convictions were proved against both prisoners. COOMBES — Eighteen Months' Hard Labour; CLARK — Fifteen Months' Hard Labour. 285. HENRY PLATT (30) , to forging and uttering an order for the payment of £7 10s., with intent to defraud; also a receipt for £7 10s., with intent to defraud.— [Pleaded Guilty: See original trial image.] Four Months in the Second Division. 286. GEORGE REE (24) , to stealing, while employed in the Post Office, a post letter and postal order for 5s., the property of Her Majesty's Postmaster-General; also to stealing a letter and postal order for 5s., the property of Her Majesty's Postmaster-General; also to stealing postal orders for 20s. and 7s. 6d.— [Pleaded Guilty: See original trial image.] Nine Months in the Second Division. And (287) LILIAN ASCOTT (23) , to marrying John James Mirian , her husband being alive.— [Pleaded Guilty: See original trial image.] One Day's Imprisonment. 288. HENRY BERMS GERALD (36) , Feloniously marrying Flory Ellen Avern , his wife being alive. MR. GRANTHAM Prosecuted. JEANIE BARR . I live at Lower Belle Villa, Linlithgow—I had a sister named Catherine Green—on December 29th, 1893, I was present at her wedding to the prisoner at Glasgow—I was one of the witnesses, and signed the register—they did not live together very long—he was described as Henry Baranowski—I saw my sister last Sunday night. Cross-examined by the Prisoner. I have never met an Arthur Stevenson.—I think he is dead—I never told him that your wife was dead. FLORY ELLEN AVERN . I live at 58, Canterbury Road, Kilburn—on June 8th, 1897, I married the prisoner at a registry office at Haverstock Hill—in 1895 I was living with my mother—I went with the prisoner in 1895, and lived with him as his wife till 1897—this ( Produced ) is a copy of the register which I signed—the prisoner is described as a bachelor, and I believed him to be one. Cross-examined. You promised to marry me, and I consented to live with you if you did so—I have had three children—I remember William Thompson coming to see us when we lived in Long Acre—I remember three Scotch friends coming to see us—you did not tell me, when we were living at Islington, that you had had a letter from Glasgow saying that your Glasgow wife was dead, or that if I was a good girl you would marry me; you said all along you would marry me—I first heard that you were a married man three weeks before you were taken up for embezzlement—you went with me when I went to Haveretock Hill to put up the banns of marriage—I told you I had spent one night at the house of your Glasgow wife and her mother. DANIEL TOMBLIN ( Sergeant, C ). On March 31st I arrested the prisoner in Pentonville Road, and informed him I should arrest him for bigamy, and told him the dates and the persons' names—he said, "I thought she was dead; I did not know where to inquire about her." JEANIE BARR ( Re-examined ). I have married since my sister was married—I have been living near Edinburgh—my mother continued to live in Glasgow after the prisoner married my sister—they went to live with my mother—I was not at home then—I have a stepfather; he is a timekeeper—my father was a gardener. The Prisoner's statement before the Magistrate: "I am in a dilemma. " The Prisoner, in his defence on oath, said that he had seen a letter written to James Stevenson by his brother, Arthur Stevenson, and who said that he had met the prisoner's wife's sister, who said that the prisoner's wife was dangerously ill in Scotland, and a few days after Arthur heard that, he saw a funeral, and was told by the prisoner's wife's sister that it was the funeral of the prisoner's wife. GUILTY .— One Month's Hard Labour. 289. GEORGE JOHN KIRBY (27) and EDWARD NATHAN (24) , Stealing 20 necklets and other goods, the property of Joseph Levi ; and GUSTAV ASCHER (40) , Feloniously receiving the same, to which KIRBY and NATHAN PLEADED GUILTY . MR. MUIR Prosecuted; MR. HUTTON Defended Ascher. GEORGE JOHN KIRBY ( The prisoner ). I have pleaded guilty to this indictment—I was employed by Messrs. Joseph Levi & Co., furriers, of 135, Aldersgate Street, where I was a cutter and earned from £2 to £2 10s. a week—I first made Ascher's acquaintance about March, 1899—I met him several times in the dinner hour—the goods I stole I took to 100, Dover Road, where Ascher lived—he asked me, "Can you get a piece of fur for my wife?"—I got it, and he said, "Anything you have got in a similar way I will accept of"—I am certain he knew where I was employed—these 20 llama skins ( Produced ) I gave to Ascher—I am given so many skins to make so many articles with, and occasionally I made too many, but I would only send down the number I was asked to—Ascher paid me 2s. 6d an article—these three blue circlets ( Pro duced ) came from the same place, and went to the same place, and for the same price, as also this white necklet ( Produced )—I took: them all there during the five weeks before I was arrested—the total amount I received was about £3 17s. 6d.; I cannot say exactly—I never told Ascher that I brought the skins from my brother's—Nathan took them out of the build ing for me—I was only a cutter, and if I had been seen taking them out I should have been stopped—we have been to public-houses, where the property has changed hands—the packages were wrapped up in news papers sometimes—these skins have got Mr. Levi's mark on them. Cross-examined. I have been in Mr. Levi's employment about eight years—I do not consider that I have robbed him—this only commenced just before Christmas—I knew Ascher was a furrier carrying on business at his own address—I never took work home to do there—I was not a chamber master; they are men who take furs and work upon them at home—it is the custom of the trade for them to keep their cuttings—they could be made up into necklets—I never told Ascher that I was a chamber master, or that I took work home and made the cuttings up into necklets—I have been to him about eight or nine times—his place is about half an hour's walk from Mr. Levi's place—I should say that 5s. would be an average price for these skins—the work on them would be about 6d. at the most. Re-examined. I generally made my visits about 8 p.m.—I saw Ascher's wife there sometimes as well as himself—I never saw any customers or any other men employed at furriers in the City. By the COURT . The prisoner is the only person to whom I have sold property. HERBERT HIND ( Detective Officer ). On Saturday, March 24th I got in structions from Sergeant Ottaway, and watched at Messrs. Levi's place—I saw Nathan leave about 1.40, and go to 35, Radnor Street—I saw Kirby go there later, and then they went to a public-house, and left after the parcel which Nathan had had changed hands—on Monday, March 26th, I saw Nathan leave about 6 p.m. and go home—Kirby went there, and, after few minutes' conversation, left—on Thursday, March 29th, Nathan went home about 6.30—at 7 p.m. the same day Kirby called there and went inside; he came out and went in the direction of Bath Street, and was followed by Police-constable Thorpe—Nathan went home with a parcel—he went into a public-house—Kirby met him there; Nathan went home, still carrying the parcel, and came out carrying two parcels, one in his hand and one in his pocket—in Bath Street he gave the one in his hand to Kirby—they went to Southgate Road North, and Nathan went into the Trafalgar public-house—I noticed that the parcel in his pocket was gone, and Kirby had a parcel in his hand. ARTHUR THORPE ( Detective Officer ). On March 29th, I saw Kirby leave his employer's premises at 5 p.m., and he and another man walked to the Shakespeare public-house, and then to another in Goswell Road—he then went home to 6, Mary Street—he then west to Nathan's house, and after wards came out and went to a public-house, where he was joined by Nathan; then Kirby came out and waited for Nathan, who met him with two parcels, one in each pocket—Kirby went to 100, Downham Road, where he remained about 10 minutes. JOHN OTTAWAY ( Detective Inspector ). On Friday, March 30th, I saw Kirby and Nathan leave Messrs. Levi's premises—I was with other officers—we followed them and saw them go together to 35, Radnor Street.—Nathan's pockets were bulky—Kirby came out and went to 100, Down ham Road—his pockets were full—when he left, his pockets were thin—on April 5th I was with Constable Hind and arrested Kirby, and after wards Nathan—after I had arrested them I went to the prisoner's house at 100, Downham Road—Mrs. Ascher came to the door—it is a private house—I asked for Ascher—she said, "He is in bed"—this was at 11 p.m.; she called him, and I said to him, "We are police-officers; do you know a man named Kirby?"—be said, "Yes"—I said, "He is in custody for stealing fur necklets, and you are suspected of buying property of him; I am going to search your house"—he said, "I bought some property of him"—he took me to his bedroom, and produced 20 white llama necklets, three blue circlets, and three blue borders—he said, "They are what I have bought of him"—I said, "How much did you give him for them?"—he said, "It is only rubbish; I gave him 2s. 6d. to 3s. apiece for them"—I said, "Have you a receipt for them?"—he said, "No"—I asked him how he became acquainted with Kirby, and how he bought property from him—he said, "I have known him and his brother for years; I thought he was in business for himself. I met him in a public-house about 12 months ago, and asked him to get me some fur for my wife; he brought me some, and I have bought of him ever since"—I said, "How did he bring these circlets to you?"—he said, "Always wrapped in brown paper, and carried them under his arm"—I searched his house, and found a quantity of necklets and skins, which he refused to give any reference to, except that they were chamber masters' cabbase—the prisoner's wife afterwards said to me, "Don't get him into trouble; you had better take £5"—before that was said some conversation took place between the prisoner and his wife in some foreign language; I could not understand it; then the prisoner said, "What do you want? say something; I cannot spare £5, as the rates have just been paid"—he was taken to the City, and, in the presence of Kirby and Nathan, I said, "These," pointing to the necklets, "have been found at Ascher's house"—Kirby said, "Quite right"—I said, "How much did you get for them?"—Kirby said, "Two-and-six all round"—Ascher said, "He told me he got them from his brother"—Kirby said, "That is not true, Ascher"—Ascher was charged at the station; he made no reply. Cross-examined. I found 58 black skins—he told me they had been sent to him by a Mr. Grant—I believe the prisoner has had dealings with a Mr. Grant—Ascher speaks English quite well. Re-examined. I looked for books and receipts to trace the property, but could find none. JOSEPH LEVI . I am one of the firm of J. Levi & Son, 135, Alders gate Street, furriers—Kirby and Nathan were employed by us—early in this year I missed a quantity of furs—I gave instructions to the police, and was afterwards shown the property here, which is ours—these black skins are not ours, I think. HENRY KIRBY . I live at 95, Brondesbury Road, Islington, and am in the fur trade—the prisoner Kirby is my brother—I am a chamber master, which is a man who takes in furs and works them up at home—I have never seen Ascher before—I have two other brothers who work for me. Cross-examined. I saw my other brothers occasionally. G.J. KIRBY ( Re-examined ). I never told Ascher that I got the skins from my brothers—he knew where I worked; he has seen me go in. Ascher, in his defence, on oath, said that he always understood that Kirby got the property from his brother's, and that he did not know that they were stolen. J. LEVI ( Re-examined ). The 20 llama necklets were worth 6s. 9d. each wholesale, the three blue circlets 4s. 9d. each, the white tippet necklet 3s. 3d. or 4s. 3d., and the three blue llama muff borders 7s. 9d. Cross-examined. One llama skin would make, perhaps, two, three, or four necklets—I should expect to get a llama skin for 10s.—we have bought them for 9s. 6d.; then there is the dressing, the lining, and the making. ASCHER — GUILTY . He received a good character.— Eighteen Months' Hard Labour. KIRBY — Twelve Months' Hard Labour. NATHAN — Eight Months' Hard Labour. 290. WILLIAM YETTON (43) PLEADED GUILTY to committing wilful damage, exceeding £5, to plate glass on the premises of Henry Lyons and another. He had been three times convicted of like offences.—Twelve Months' Hard Labour. 291. ELLEN MCDERMOTT (27) , Unlawfully attempting to commitsuicide. MR. GRANTHAM Prosecuted. ARTHUR HICKS ( Railway Constable ). On April 29th I was on duty at Aldersgate Station, keeping the crowd back—I saw the prisoner in the booking-office—I knew her—I went downstairs, and found her sitting on a seat on the centre platform—she took off her jacket and bonnet—on the approach of a train she got up, went to the edge of the platform, and ran to the end of it—I ran and caught her by her shoulders—a train was then coming into the station, and she was about 20 yards from the engine when I caught her—I pulled her back from the edge of the plat form, sat her on a seat, and buttoned her clothes, but she undid them as fast as I buttoned them—the station inspector called a City policeman—I went to the station—she was charged with attempting suicide, and said that she meant doing it. The Prisoner. I did not intend to take my life; there was no train approaching; he has got a spite against me. The Witness. There was a train approaching—you threw your ticket on the seat—I asked you to pick it up. JOHN BAYLIS (249, City ). On April 24th I was called to Aldersgate Station, and saw the prisoner on the platform in an excited state, held down by Hicks—I considered it necessary to send for an ambulance—she said, "What have I got to live for? Ain't I better off under the train?" and when she was charged at the station, she said, "I meant to do for myself this day; I saw the train coming; I went like that," making a motion to show the way she rushed to throw herself under the train. JOHN SAUNDERS ( Railway Inspector ). On April 25th I saw the prisoner at Aldersgate Station—she got up off a seat, and made a rush to the edge of the platform—a train was approaching the station, and Hicks caught hold of her just in time—she was sober, but very excited. Cross-examined. You did not say that you were merely waiting for the train to come up. Prisoner's Defence: I was standing on the platform for a train to come; I was not going to take my life. GUILTY .— She had been convicted 19 times, seven of which were for attempting suicide, and had only come out of prison the day before.—Six Months' Hard Labour. 292. HENRY CARROLL (40) , Feloniously wounding Mary Ann Carroll , with intent to do her grievous bodily harm. ALICE CUTTING . I am single, and live at 38, London Fields—on March 27th, at 7.10, I was in the Sir Walter Scott public-house with my sister, Mrs. Carroll—the prisoner rushed in and said to my sister, "You are my wife; I will kill you"—he put his left hand round her neck, put his right hand in his pocket and stabbed her over her right eye—she reeled, and he stabbed her in her back—I had seen him the day before in the High Street, threatening to kill her—on the Monday he called at our house at dinner time—he tried to rush in, but mother would not let him—his wife was there then—about three weeks before that, when he first came home, he smashed the home up and threatened to kill her with a knife. Cross-examined by the Prisoner. I was in the house on March 3rd, when you came home, but not the first time—I was there when you and your wife were there—we had supper in the kitchen, and you adjourned with your wife upstairs afterwards—on the night of this "accident" you might have had a glass—your face was bandaged up when you came into the public-house—you stabbed her in the back; it was not that in turning round the knife went into her back—on the Monday night, at 8.30, you made a rush to get in through the next house—I was not in the house, but I heard my mother and sister scream—your wife has been with me to a music-hall, and to a club, and to the Pavilion Theatre with a man—she did not come with him—she left him outside the public-house. Re-examined. I earn my bread by labour, and so has my sister all the time he has been away—she got £3 from him. MARY ANN HEYDAY . I am a widow, of 7, Regent's Road, Dalston— on March 27th I was in the Sir Walter Scott—the prisoner came in about 7.10 and said, "You are my wife; may I assist you?"—his wife said, "Yes"—he put his right hand in his pocket, took out a knife, and struck her over her eye with it—a policeman came and took him in custody—I took her to a doctor—she had a wound over her eye, and another on her shoulder. Cross-examined. You had had sufficient drink—I do not think your head was bound up. MARY ANN CARROLL . I am the prisoner's wife, and live with my mother and sister at 27, Aden Street, London Fields—on March 27th I was in the Sir Walter Scott, and saw my husband there—I had seen him at 5 o'clock—not a word was said then, but he threatened me the day before, he told me he bad got a knife—three weeks before that he called at the house and said he would kill me—he was then living with me—previous to that I had not seen him for a year and eight months, but I sometimes heard from him—I supported myself during his absence by my own efforts—he dashed into the Sir Walter Scott on the 27th, and said, "You are my wife; I am your husband; can I speak to you?"—I said, "Yes, you can speak to me"—he struck me, and I fell, and felt something at my back—I was taken to a doctor—I went to a theatre on one occasion with my sister—we met a man there—he did not go home with us, he only came a little way—I was not guilty of any impropriety with him or any other man. Cross-examined. When you wrote to me from Sunderland it was a long time before I answered you, and then I said that you could do as you liked, and I would do as I liked—I said that the boy was not well, and you sent me £3—the last money you sent me wan 6s. from Dundee—you came back to London on March 30th, and lived with me at my mother's house—I ✗did not confers to you that night that I had been unfaithful to you during your absence—I did not say that I had been with a man, and that if you had been at home it would not have occurred—I said that I had slept out of the house, next door, with my little boy—I do not know whether this man who was supposed to live next door went away that night—his name is Rawlings, your shopmare—I do not deny sleeping at Mrs. Rawlings's—I showed you something which I had made for this man—he was away from his wife for some time, but I know nothing about him: you are making up a lot of lies—you came home and struck me on my mouth, but there were no words about Rawlings—you were refused admission by me and my mother—I am afraid for my life—I went home and told you that I would not let you in till I had advice from a Magistrate, because you had threatened my life—I admitted being at the theatre, and having refreshments with this man and my sister—that was last Easter twelve months—we met him at the theatre—I also admitted his seeing me to the top of Goldsmith Road—when you came to the house I said, "Bring the man," and you said, "Come on, Sam"; but there was not a man in the street—you then said, "I have got it here for you"—you did not knock at the door the same night, nor did I put my head out at the top window, nor did you say that I had got Sam up there; nor did I say, "Yes, and a good job too"—I saw you two hours before you stabbed me—your head was bound up—I never said a word to you—I heard nothing on Tuesday night about a party knocking you down and kicking you, but you came to the door at 2.30 a.m., and I opened the window and said, "Don't come here; go away." Re-examined. When I shut the door of my mother's house against him it was after be had threatened me and struck me on my mouth. OTHO IHL . I am house surgeon at the German Hospital, Dalston Lane—on March 27th Mrs. Carroll was admitted there—she had a cut on her forehead, over her right eye; not a clean cut; one side of it was turned up a little; it went down to the bone; it could be inflicted with this knife ( Produced )—she had another wound on her back, clean cut, and nearly as long as this knife—it was very deep, and she had lost a great deal of blood—if she had not been brought to a doctor in time it would have been serious for her life—it went to the shoulder bone—those two wounds could not have been caused by one blow. Cross-examined. I do not remember dressing your head on the Tuesday morning, but you have shown me my letter—you had two blue eyes. ALFRED BEAL (301 J ). On March 27th I was on duty in the Broad-way, and was called to the Sir Walter Scott—Mrs. Carroll was sitting on the doorstep, bleeding from a wound on her forehead—in consequence of what was told me I took the prisoner to the station—on he way there he said, "I am not sorry for what I have done; I meant to do it, you will find the knife in my right hand pocket"—I took him to the station, and told the inspector in his presence what he had said, and he said that he had not used those words—I found this knife in his right hand pocket—he was not drunk or excited. Cross-examined. Your head was bandaged—you had had a glass or two of drink, but you were not drunk—I did not caution you—you said at the station that you had no memory of what had happened. The Prisoner called PATRICK DOHERTY . The prisoner is my step-brother—I have seen Rawlings with Mrs. Carroll at the Standard Theatre, and she told me herself that she and her sister went to the theatre with Samuel Rawlings. The Prisoner, in his defence, repeated his charges against his wife, and stated that Rawlings told him that he had been to the theatre with his wife, but that nothing wrung had happened; that he told his wife this, and she said that Rawlings was as good as he was; that after this Rawlings knocked him down and injured him, and he had to go to the German Hospital; that he really did not know what he had done, and did not remember seeing his wife that night, and had no intention of doing it. GUILTY .— Six Months' Hard Labour. 293. JOSEPH HEWITT (31) PLEADED GUILTY to breaking and entering the Church of All Saints, Isleworth , and stealing a jug, a glass and a bottle; having been convicted at Wells on April 8th, 1896. Three other convictions were proved against him.—Eighteen Months' Hard Labour. And (294) JOHN WILLIS ,(26) to stealing a bag and £5 from the person of Thomas Keeble , having been convicted on November 7th, 1897. [Pleaded Guilty: See original trial image.] Five other convictions were proved against him.— Eighteen Months' Hard Labour. 295. HENRY MORRIS , THOMAS PIERPONT ARMSTRONG , JOHN HETHERINGTON FERNLEY , and CHARLES BENNETT , Unlawfully obtaining from William Longman a cheque for £50 by false pretences, with intent to defraud; Second Count, obtaining a cheque for £50 on another date; other Counts,. for conspiracy. MR. AVORY and MR. MUIR Prosecuted; MR. GEOGHEGAN appeared for Morris, MR. WARD for Armstrong, and MR. MATHEWS for Fernley, THOMAS BORRAS . I am a mortgage broker and surveyor, of Leyton Grove, Brecknall Road—in January, 1899, 1 made Armstrong's acquaint ance, and he gave me particulars of some property which was for sale at Edgware—he afterwards showed me the plans—I have ascertained that the property belongs to Mr. Richard Berridge—it is called the Little Stanmore Estate—there are about 330 acres, and the price asked in January, 1899, was£200 an acre—I told Armstrong that if everything was in order I might be able to do something with it, as the price seemed extraordinarily low for land in that posi tion, so near to London—he said it belonged to a client of his, a very wealthy gentleman, the owner of a large quantity of property in different parts of the country; that he was in a very pre carious state of health, and he wanted to turn his property into money—5 per cent, commission was promised me—I said it was a very large commission to pay—the usual commission would be from 1 to 1 1/2 per cent.—he said, "Well, if you place it quickly, we are prepared to pay you that sum, as Mr. Morris, the owner, wants to get rid of it"—a few days afterwards I saw Morris at Armstrong's office, when Arm strong gave me this commission note, agreeing to pay me 5 per cent.—he then went into his other office and had some further conversation with Mr. Morris, and came back and said, "I am prepared to give you that; as you have had a lot of trouble, I am prepared to give you another I per cent., but you will have to give me half of it back"—so I was promised 6 per cent. on something like £60,000—the plan I had given me was marked Lot 1 and Lot 2, and so on—that was taken from me, and Morris gave me another—this is it ( Produced )—on it I see that the frontage to the Edgware Road is broken, so far as the estate is con cerned, by Edgware House and the White Lion public-house—I said what a pity it was that the frontage was broken—Morris said that he had a very good offer for the White Lion, and that he had sold it, but it was very foolish of him, and that Edgware House might be bought back again by the intended purchaser—be did not say that he had sold it, but that he had no control over it—I asked him if he was the owner of the land—he said yes, and he had been for many years—he said he had a good Parliamentary title to the whole estate, with the exception of five or six acres, and as to that he had a time title—Morris and Armstrong said that if I could get £150 an acre for the land they would take it, but an alteration in the commission would have to be made—I introduced the matter to Mr. Price, a solicitor, and made an arrangement with Armstrong to go to Mr. Price's office, at 20, Great Winchester Street—I went there with Morris and Armstrong, and introduced them to Mr. Price—I said to Mr. Price, speaking of Morris, "This is the owner of the Edgware Estate, Mr. Price; perhaps you will go into the matter with him"—Mr. Price put several questions to Morris about the property—Morris said that he had a Parliamentary title—he produced plans, and said he was prepared to accept £150 an acre, that he had been the owner for 13 or 14 years, and that he had collected the rents, which amounted to about £827—Mr. Price asked if that covered the interest—he said, "No"—he said he had given Mr. Berridge a mortgage for £30,000 on the property, and if the rent did not cover the interest he would put a little out of his own property—Mr. Price asked him how he became possessed of the property—he said, "Well, the fact is, I did not buy it for myself; I had to buy it for a syndicate, and I was to arrange the price; it was on a Saturday afternoon, after bank hours, and I was to give a cheque for a deposit for something like £1,500, and I was to call on the gentlemen who I was buying for on the Monday morning, when they would give me the money to meet the cheque, and when I went on Monday morning the gentlemen repudiated the bargain altogether; I then went to the agents, and told them I had been deceived, that I could not complete the purchase, as I had not as many pence in the bank; they said they would hold me to it, and that they could not alter it"—then he said that he went to Wimbledon to see Mr. Berridge, who said that he would hold his cheque for six months for £1,500 if Morris would meet it at the end of the six months—nothing was decided, but Morris offered to sell it for £140 an acre—from what I heard from other people I went to Messrs. Tweedie & Tweedie, solicitors, of Lincoln's Inn Fields, where I made inquiries—after that I heard from Mr. Price the result of another inter view he had had with Morris and Armstrong—then I saw Armstrong at his office—he said he did not think Mr. Price was a buyer—I replied that I was certain that Mr. Price was not a buyer, as I had found out the true character of Mr. Morris, and Mr. Price would have nothing to do with it—then I said, "I am surprised at you giving me all this trouble, as you must surely have known the character of this man"—( MR. GEOGHEGAN objected to evidence as to Morris's character being given, as Morris did not set up his character himself, but it was what Armstrong had said. The RECORDER said that nothing said by Armstrong about Morris would be evidence against him, and that he had no power to exclude it. )—I said, "He has been convicted; he is a swindler, and has cashed forged cheques"—"I will have no more to do with it"—he said, "I don't believe it"—I told Armstrong I had been to Tweedie, and saw Mr. Pound, their managing clerk, who knew nothing whatever of Morris, and had never heard of him, that the Stanmore Estate belonged to a client of their's, Mr. Berridge, and that they had collected the rents for the last 13 or 14 years for Mr. Berridge—Armstrong said he did not believe it, and added, "Let the thing go"—I said, "Who is going to pay me for my trouble? I ought to have at least £50"—he said, "Oh, you are going to start to blackmail us, are you?"—I said, "No, but I ought to have something; I have spent seven or eight weeks over this, and I think I ought to be paid for my trouble"—all I got was half-a-crown—after that I saw Morris at Armstrong's office, and I said to him practi cally what I had said to Armstrong—I told him what I had found out about him—I received this letter from Fernley—before I received. it I told Mr. Pye, a surveyor, and Armstrong what I had found out about Morris—( Read: "I am astounded to hear from my client, Mr. Henry Morris, that you have been, for reasons best known to yourself, making slanderous statements about him. You have, so he tells me, been stating that he has been prosecuted twice for selling two estates which were not his to sell, and I am instructed to inform you that unless a full with drawl and apology in writing is received by me by return, proceedings will be taken against you for slander")—on March 16th I went and saw Fernley at his office, 85, Coleman Street—I showed him the letter, and said, "I have come to answer this in person"—he said, "Well, what have you got to say? I think it is rather dangerous for you to come to a solicitor"—I said, "I don't mind that; I have come in answer to this in person," and I repeated exactly what I had said before—I told him that Morris had been convicted, and the rest—he said, "It is rather dan gerous for you to make such a statement as that"—I said, "I am quite prepared to abide by it"—then he said, "I have not known Mr. Morris a very long time; I am very much obliged to you for coming to tell me this; it will make me cautious in the future"—that he had done some work for Morris, for about £50, and he thought he had very little chance of getting it—I mentioned the Edgware Estate, and said that, after a lot of trouble, I got a gentleman to make the purchase of it, but I had found out that Morris had no title to it; that I had been to Tweedie and seen their manager, and he repudiated Morris in every shape or form—Tweedie's were the solicitors for the owner of the estate, and had collected the rents for 13 or 14 years, and nobody else had done so, and that they had sold the White Lion public-house. Cross-examined by MR. GEOGHEGAN . I have no office—it was repre sented all along that Morris was the owner of the estate—he did not tell me that he was in debt to the owner, who was a wealthy person—I have no recollection of saying, "Armstrong said Morris was in direct touch with the owner, a very wealthy gentleman"—my depositions were read over to me, and I signed them—I have never given evidence in a criminal case before—I have three or four times in civil actions—I have constantly seen Morris about the City since January, 1899—the last time I spoke to him was in Armstrong's office in April, 1899—I only knew that Mr. Berridge was the owner by being told so by Tweedie's—neither Morris nor Armstrong mentioned the name to me. Cross-examined by MR. WARD . I have known Armstrong since January, 1899—I did not know what he was—I was introduced to him by a friend of his—he asked me if I could sell an estate he had got—I did not object to take the commission he offered—I was rather pushed for money then—I was in the Bankruptcy Court 28 years ago, and also eight years ago—have not got my discharge yet—I did not ask Armstrong for money till a month after I met him; then I said that his client being such a wealthy man, he might give me some on account—he said he would give me some, but he must not ask his client for it—Armstrong never represented himself as anything except that he held Morris's power of attorney—he wished me to act for him in regard to the sale of another of his properties at Camberwell, and one at Burnley—he said that his client was suffering from something of which he might die very suddenly. Cross-examined by MR. MATHEWS . My only interview with Fernley was on March 16th, 1899—I made no note of the conversation—I think Fernley was surprised at the statement I made about Morris—I never heard of Fernley till January. Cross-examined by Bennett. I had never seen you until I saw you at Guildhall—your name was not mentioned to me. HENRY HERBERT PRICE . I am a solicitor, of 22, Great Winchester Street—on February 24th, last year, Mr. Borras brought Morris to my office—I had already received particulars of an estate which was supposed to be for sale—Morris was introduced to me as the owner—I asked him how he became possessed of it—he said 30 or 13 years ago, I do not remember which—he had entered into a contract to buy the land as an agent for some other persons; that they declined to carry out the contract, and he then went and saw the owner of the estate, Mr. Berridge, who had said that he would let him have the balance of the purchase-money on a mortgage, and give him time to meet the cheque—Morris said he had given his own cheque for the deposit; I do not remember for how much—I asked him who collected the rents—he said he had always collected them, and that they did not come up quite to the interest on the mort gage—I asked him if he could show me a receipt for the last interest on the mortgage—he said his solicitor had the receipts—he did not say who his solicitor was—he said he was in Chancery Lane—he said he had sold the inn which fronted the Edgware Road to please Mr. Berridge—I made no offer at that time—after he had gone I made inquiries—Borras had mentioned the matter to me before he came with Morris—on March 7th Morris and Armstrong came together, and asked me if I was in a position to make an offer—I said I was not satisfied about the title—I said to Morris, "I am told that you don't collect the rents"—I think Armstrong replied, "Oh, the title is all right"—he said it was not usual, until the contract was signed, to go into the questions of title—I asked them if they knew a man named Letts—they both of them said they did not know the name at all—I said to Morris, "I believe it is not many years ago since you were prosecuted with Letts"—Armstrong said to Morris, "Why, that is the villain who nearly ruined you"—Morris then explained that they had been prosecuted with a man named Morten for getting money on cheques, and that Letts had given him the cheques to cash, that he had been imprisoned, but that Letts had absconded—Armstrong then said, "Letts has nothing whatever to do with the title of this land"—I said, "The story of Letts has a great deal to do with Morris being the owner of the land"—Armstrong then said, "Oh, come on, it is no good stopping here; he has not got a purchaser,"and they went away. Cross-examined by MR. GEOGHEGAN . I cannot say if Morris told me that the conviction took place in 1886. Cross-examined by MR. WARD . I understood that Armstrong was the agent for Morris. Cross-examined by Bennett. I do not know you at all. FRANK HERON STEVENS . I am a solicitor, of 7, King Street, Cheap side—I know Bennett—on August 25th, 1899, he called on me and produced this memorandum of agreement ( Produced, ) which purports to be the counterpart of a contract for the sale of an estate at Edgware—it is signed by Morris, and has got at the end of it a receipt for a deposit on the purchase money, "Received by cheque the sum of £5,827 10s. as deposit and part payment of the within named property from Charles Bennett, Esq., the purchaser"—when Bennett produced that contract he said that he had bought the property and had sold it again; that his purchasers had paid the deposit referred to in the receipt and asked me to act for him and look after his interest—I said that I would—I knew him before—he never told me the name of his purchasers—at the fag end of the chapter he said that the solicitor acting for the purchasers was a Mr. Galbraith—I asked him if he had a written contract with his purchasers—he said he had not one—I drafted one for him and sent it to him to get it signed by his purchasers—as far as I know, it was never executed—I do not think I ever saw it again—at a later date he brought this plan, which was seen by my clerk, but I did not examine it—in the early part of October I drafted this endorsed contract for signature by his purchasers—I never heard of any mention of an option of purchase—on November 2nd Mr. Minton Slater called upon me as solicitor acting for Longman—I did not know him before—he asked me for information about this alleged purchase of the Edgware Estate, and I gave him such information as I had—I knew Morris; he had been introduced to me by Bennett about October 25th—I saw Morris after I had seen Mr. Slater—I told Morris that I had had a call from Mr. Slater, the solicitor acting for a Mr. Longman, and asked who Longman was—Morris said, "I owe money to Longman," and that he had asked Longman, to wait for his money till this matter was through—Bennett handed me this letter as coming from Morris—( This was dated July 31st, and stated that Morris was quite prepared to return to Bennett any sum over and above the £150 per acre, and would convey to him or his nominee at any price he might require. ) Cross-examined by MR. GEOGHEGAN . Morris must have known that I was acting as Bennett's solicitor—I have no doubt that I told Morris that Bennett's purchasers would take over the interest under the con tract—I wrote this letter, dated October 28th, by Morris's directions—( This stated that the writer would attend on Bennett's behalf, when the purchasers would take over his interest in the contract, and that they would pay the deposit of £5,827 10s., which would be handed to Morris on redemption of Bennett's cheque ). By the COURT . I have known Bennett about two years as a surveyor. Re-examined. I did not question that Morris had this estate to sell—I never saw the cheque for £5,000 referred to in the letter—Bennett did not tell me that the cheque had been presented and dishonoured; I did not know of it until the Police-court proceedings. WILLIAM LONGMAN . I am an outside stockbroker, at 16A, Tokenhouse Yard—I knew Armstrong before January, 1899—on September 1st he brought Morris to me; he said that Morris had entered into a contract to sell some land, and was desirous of borrowing money, pending completion—I asked Morris for particulars—he produced a contract of sale entered into with Bennett, and this cheque for £5,827 10., on the London and South-Western Bank, Hammersmith Branch, dated September 14th, 1899, and signed "Bennett & Son"—I asked him how it was that it was post-dated—he said that Bennett would have the money on that date—I read through the contract—I asked Morris if he was the owner of the property—he said he was—I said I should like that confirmed by his solicitor—he siid his solicitor was Mr. Fernley, and Armstrong volun teered to fetch him, and went out; Morris remained—about five minutes after Armstrong returned with Feruley, and I asked him if he identified Morris as the party to the agreement—he said that he did—I then asked him if Morris had a good title to the property, as I was advancing money—he said, "He has"—he then went away—I agreed to advance,£100, £50 on that day and £50 next day—I then handed Morris a cheque, for £50—Morris was a stranger to me—I had known Armstrong before—Morris gave me a promissory note for£125, and also signed a letter of charge on the estate for the total sum of £300 as security—Armstrong said that Morris would pay £25 for the loan, and as he was getting a lot of money out of the sale, Morris could offer a bonus, and the amount was suggested by them—next day Morris came again, and brought this letter, signed "Charles Bennett"—( Stating that the purchase of the Edgware Estate from Morris was bona fide, and would be carried out to the very letter, and that all the arrangements with the gentlemen behind him would be completed by the date on which his cheque would be payable. )—on seeing that I handed Morris a further £50—I believed that he was the owner, and was entering into negotiations for the sale with Bennett—a few days after that Armstrong came again—he wanted to know if I would advance a further £400, making £500 in all, on the contract, pending completion—I said that before advancing further moneys I must ask my solicitor to go thoroughly into the title—I do not know if I mentioned Mr. Minton Slater as being my solicitor, but he is, and I mentioned it afterwards—after that conversation I received this letter from Morris—( Stating that he was surprised when he heard the name of the solicitor, and did not want him to go to people where he had to go for thousands of pounds, and that he would repay any money rather than have anything to do with him. )—I think I had mentioned to my solicitor that I had had transactions with a Morris, and he said, "Oh, I know a Morris; he was a bankrupt"—Armstrong had said nothing about it, he must have told Morris—a few days after that I got this document from Fernley—( Stating that Morris instructed him to say that he wished the question of a further advance to be dropped, as he did not wish the mortgagees to know of any negotiations for the sale of the property, as if it did not go, they might call their money in. )—I did not advance any more money—the promissory note for £125 fell due on October 4th, and was not paid—I gave notice to Morris, and got this letter in reply from him—( This stated that although Bennett had failed him so far, he had sent into the country for the money, and he might have it by any post, when it would be at once sent on. )—at that time I had the cheque for £5,827, which had been left with me—I paid it into the bank, and it was returned marked, as it is now, "Account closed in 1893"—I think that was early in November—the cheque was dated on September 14th—I was only holding it as a collateral security—I commenced an action against Morris and Bennett on Decem ber 15th, on the cheque—when I got information about Morris being a bankrupt I laid information against him at the Police-court for obtain ing credit from me under the Bankruptcy Act—a summons was granted—the case was heard, and remanded—on January 31st, while the case was under remand, I had a visit from Armstrong—he said he had been commissioned to settle the action in the Queen's Bench, and asked on what terms I would do so—I told him I should, require the £100, and be glad to get it—he subsequently brought the £100 in gold—at the adjourned hearing of the criminal charge I did not appear, but I in structed my Counsel to mention the whole matter to the Alderman—I was called away to Spain—I wanted to withdraw from the action if the Alderman would agree—I would be guided by him. Cross-examined by MR. GEOGHEGAN . I did not read the papers when I came back from Spain—I never heard that he told the Alderman that I had been squared, or that I had received the £100 on condition that I withdrew—I know that my Counsel told the Alderman that, although I withdrew, I should be only too glad to render the Treasury any help in my power—this is not the first time I have lent money—I am always lending money on stocks and shares—I have never done so on a bill of sal✗, or on any security, except on stocks and shares—as far as I knew, Armstrong was a respectable man—I got the promissory note for £125—I should have been contented with £110—they persuaded me to take £125, then I got a charge upon the estate—I did not want that—then I got the post-dated cheque—the total that I advanced was £100, which I got back—I did not get the £25—I never lent Bennett any money—I swore in my affidavit that Bennett and Morris were indebted to me for £5,827, but that is the proper form—my solicitor advised me not to prosecute on the promissory note—I first consulted him about three days after I lent the money—I did not show him the contract—I did not tell him about the Edgware Estate, or about the Little Stanmore Estate—I found out that I had been swindled on December 8th—I first took criminal proceedings in January, and after December 8th I probably wrote, threatening proceedings unless the money was paid—if at that time they had paid the money, I do not think I should have prosecuted—I was told I should have to attend the Police-court—I did not attend, because I was called away to Barcelona. Cross-examined by MR. WARD . I knew Armstrong about eight months prior to November 1st—I had been doing business with him—he told me he was the agent of a Mr. Morris; that his client wanted an advance, but I should have to make my own inquiries—I did not make inquiries then, with the exception of asking Fernley if Morris had a good ✗title—Arm strong went to fetch Fernley without the slightest hesitation—I thought it was all a genuine concern—Armstrong was not present when I paid the second £50. Cross-examined by MR. MATHEWS . The interview on September 1st only lasted about a minute—I made no note of the conversation—I swear that Fernley did not make any statement as to the abstract title—the criminal charge was made against Morris alone. Cross-examined by Bennett. November 13th was the first time I had communication with you—on November 17th you called on me, and I served you with a writ. Re-examined. Bennett and Morris signed these two documents—( Read: "Sir,—In the event of your arranging a settlement of the case in the High Court, Queen's Bench, namely, Longman against Morris ( or Bennett, ) I agree to pay my own costs in the matter, and to make no claim against the Plaintiff in respect thereof")—it was after I saw the notice of charge that I found out who was the real owner. JOHN HAMMOND GALBRAITH . I am one of the firm of Light and Galbraith, solicitors, 32, Victoria Street, S.W.—I made Bennett's acquaintance in August last, and on August 12th I received this letter from him—( This stated that he enclosed tracing and statement of the Edqware Estate, that the statement was based on the maximum of requisite outlay and minimum of profit, and was well worthy of the attention of those who had money to invest. )—I got this letter on November 2nd from him—( Stating that he had prepared plans and estimates showing a profit on the manipulation of over £170,000, and asking for an interview. )—on November 6th I saw Bennett, and he handed me a further plan showing the laying out of the property as a building estate—he asked me to help him to get a syndicate to purchase the estate—I said if I could arrange to form a syndicate I would do so—I got this letter from him, dated December 13th—( Stating that as his term of option was running short he should be glad to know how the witness was progressing in regard to the Edgware Estate, that £30,000 could remain on mortgage at 4 per cent., so that only £28,000 was required, which could be paid in three instalments. )—after that he called on me, and I told him I thought I could find two clients to purchase the estate—I got this letter from him on December 22nd ( Stating that Morris and Bennett would call on Thursday next at his office. )—on December 28th Bennett called and introduced Morris as the owner of the Edgware Estate—I asked Morris one or two questions about the title—he told me it was under the Transfer Act, that the greater portion of it was a reduced title, and was mortgaged for £30,000 to a Mr. Berridge—he did not say what was the nature of his title; I never got as far as that—he said it was freehold—I got a plan from Bennett, showing the land as it was then, and on January 2nd I got this contract ( Produced )—I observed that there was on it a receipt for the deposit on account of the purchase money, and when Bennett gave me the contract he told me that he had given a cheque for it—I cannot say whether it was Bennett or Morris who told me—neither of them told me that it had not been met, and was the subject of altercation—they told me the cheque had not been presented, because, as I understood it, Bennett was not in a position to meet it, but he had given it to Morris, who had not presented it—on January 9th I had an interview with Morris and Bennett, and I was handed this letter—( Stating that Morris would agree to the extension of time to complete the purchase of the estate on condition that the deposit is paid, and a time fixed for the completion. )—the contract which I had already in my possession fixed an earlier date for the completion of the contract—on January 12th, 1900, I got this letter from Morris—( Asking what he would do in reference to the estate, and what prospect there was of a sale. )—Morris had referred me to Fernley as acting for him in the pur chase of the property—on January 18th, 1900, I wrote this letter to Mr. Donnisthorpe—( Stating that the firm were negotiating for the sale of the property, but that nothing definite had been settled. )—I believed Morris was the owner then, but I had begun to be doubtful. Cross-examined by Bennett. You asked me to act as your solicitor—you have never asked me for one penny, and I have no doubt that you believed Morris was the owner of the Edgware Estate. JOHN HENRY STONE . I am manager of the Hammersmith Branch of the London and South-Western Bank—Bennett & Son had an account there from August, 1892, to December, 1893—I do not know anything about them—only one person signed—the last date that the account was acted on was March 3rd, 1893—it was formally closed in December, 1893, when there was a debit balance of 2s. 3d.—I remember this cheque for £5,827 10s. being presented and returned in December, 1899—it is signed in the writing of our customer, who was called Bennett & Son—the signature in the contract appears to be in the same writing as the signature on the cheque—in October, 1893, a cheque was dishonoured, and after the account was closed two cheques were presented, besides the big one; one in January, 1896, for £5, and one in March, 1896, for £3—they must have been returned marked as the large one was. Cross-examined by Bennett. Mr. Manning was the manager after the account was opened—both the cheques which were presented were drawn in favour of Parker. THOMAS JOHN COOK . I am one of the firm of Lumley's, auctioneers St. James's House, St. James's Street—about 1869 my firm bought the Little Stanmore Estate for the late Mr. Berridge, and we offered it for sale by auction, on behalf of Mr. Berridge, in August, 1880, as a whole—Mr. Berridge having died in the mean time, we, by order of the trustees, put it up for auction, I think, in 1889—this is the plan which was prepared for the purpose of the sale—it did not sell—in April, 1898, we received this letter, signed "J. Macdonald"—( Asking if they had on their books about 160 or 200 acres of land, and if the Little Stanmore and Edgware Estate was still open. )—I should say it is in the same writing as Morris'—we got another letter, dated April 29th—( Saying that the writer was unable to call, as he was going away, but that he and his wife were anxious to purchase the estate if the price was the same as it was when put up in 1891 by Messrs. Houston & Haynes. )—that is in the same writing—on May 4th we received this letter from Morris: "I authorise you to offer on my behalf the sum of £34,000 for this estate of about—acres, and engage to pay a deposit of 10 per cent. on such offer being accepted"—in answer to that we sent this letter—( Asking Morris to call on him, as he had heard from Mr. Berridge's agents, and that there was a chance of doing business, but he must come with proof of his ability to pay the deposit and to carry out the purchase. )—we did not receive the £3,000—in March, 1899, there was correspondence between Morris and ourselves about the money, and we then got this letter from H. Morris—( Saying that he had had an accident in November, but was now prepared to go on with the purchase and would place any reasonable sum in their hands as deposit, and would give them £2,000 for their services instead of £1,000. )—we wrote this letter in reply on July 18th—( This stated that they would continue the sale, but that Morris must place at their bank an amount sufficient to cover the deposit of 10 per cent, as they could not approach the parties unless they could convince them of their bona fides. )—we never got the deposit—in reply to the letter of July 19th, we wrote saying that he had better call and see Mr. Cook—I do not think he did call, there is no note of it in the call-book—I cannot say what became of the estate; we had nothing to do with it after that. Cross-examined by MR. GEOGHEGAN . I have been 32 years with Messrs. Lumleys—I do not know if the estate is still in the market—I am positive that£250 was not paid to us in 1883 for the knowledge of an option of the estate; if such a sum passed through our hands I think I should be aware of it. Re-examined. My attention has not been called to such a sum being paid. WILLIAM POUND . I am managing clerk to Messrs. Tweedie, solicitors, of 5, Lincoln's Inn—our firm acted for Mr. Richard Berridge, who came into the Edgware and Little Stanmore Estate under the will of his father, who died in September, 1887—the son did not come of age till April, 1891—he is now the owner of the whole estate, with the exception of a small part, Edgware House, which was sold by us soon after he came into possession—it was an old ruin, and was sold really for the site—I have looked at the description of the land in the contract No. 1 between Bennett and Morris, and it evidently refers to this same estate—the conditions in the contract about the title appear to be taken from our condition of sale dated in 1889, when the property was last put up in lots—I have all the deeds relating to the estate—I personally have had the conduct of this business—I have never heard of any option being acquired by any person named Morris on this estate, or of any sum of £250 being given for an option—we have had no notice of it—I should expect to find some notice of it among the papers—we should expect a notice from the owner—I have not heard of any mortgage on the estate for £30,000—it is mortgaged by the present owner, but not for £30,000—it is absurd to suggest that Mr. Berridge is the mortgagee—he is the absolute owner—several persons called to know if the estate would come into the market when Mr. Berridge died—I do not know if Morris called; if so, not in that name, because it would be in my diary. GEORGE GARD PYE . I am an architect, of Ironmonger Lane, City—I have known Morris for some years—on June 18th, 1898, he brought a lithographed sale plan, such as would be attached to an auctioneer's catalogue—he asked me to make a tracing of it—this ( Produced ) is one of the tracings I made for him—I made two of them—I charged him two guineas each—I did some more for him at another date—I have not been paid—in the lithographed plan the lots are marked, but Morris asked me to leave them out. Cross-examined by MR. GEOGHEGAN . In 1881 I was at 3, Bank Build ings, Colchester—I knew Morris then, and did some work for him—I knew about the Little Stanmore Estate then—it was put into my hands by a Mr. Cross to sell—Morris introduced himself to me as a land agent. WILLIAM GEORGE BEATLESTONE . I am a messenger at the London Bankruptcy Court, and produce the file of proceedings in the bankruptcy of Samuel Morris, of 23, Lonsdale Square, Islington, described as a dealer in land and house property—the petition is dated April 21st, 1891, upon which he was adjudicated bankrupt, and he is still undischarged from bankruptcy—he was adjudicated on September 16th, 1891—his gross liabilities were £2,227 10s. 2d.—his assets were estimated at £224 10s.—I also produce the file of Herbert Morris, of the same address, described as a licensed victualler, which is dated March 8th, 1895—he was adjudi cated bankrupt in February, 1896, and is still undischarged—the lia bilities were £503 10s., assets nil—I cannot find that he had any valuable option on a property at Edgware. MINTON SLATER . I am a solicitor, of Bond Court, Walbrook—I know Morris, and knew him in 1891 under the name of Samuel H. Morris—I attended a meeting of creditors in his bankruptcy in 1891—he was the debtor—I had correspondence with him from 1887 to 1891—in his 1895 bankruptcy I was a creditor—I know his writing—the signature in the 1895 bankruptcy appears to be his. Cross-examined by MR. GEOGHEGAN . I have been solicitor to Mr. Longman five years—he was a tenant of mine, occupying a room in the same building as I do—I was consulted by him three or four days after he lent the money—he asked me to inquire into the title of an estate at Edgware—that was about September—he told me he had taken a note for£125—he told me who the giver of the note was—I told him I knew an S. Morris—I think I told him that before the note matured—I made inquiries as to the owner of the Little Stanmore Estate—I went to the Middlesex Regis✗ory—I did not find the name of Morris—Mr. Longman asked me to take proceedings on the cheque, not on the promissory note—he showed me the cheque, and told me what he gave for it—I com menced an action in the High Court, and sued Bennett and Morris for £5,800—I believe a defence was put in for Bennett, but nothing was done—I instructed Counsel to appear for Mr. Longman at the Guildhall—there were four hearings, I think—between the second and third hearings I got a letter from Mr. Longman, saying that he was going to Spain—I did not know then that he had received £100—it was not taken to settle criminal proceedings—the defendants had no solicitor at the Police-court, and the Alderman adjourned the case for a week—I have had civil actions settled by payments of money, but not criminal cases—I do not know if a receipt was given—I acted in the Queen's Bench—the payment was not done through me—I have known a civil action being settled without a receipt being given—I have never had a criminal action settled. Cross-examined by MR. MATHEWS . Fernley told me on September 6th that he could give me no details with regard to the property, as he had no abstract of title, and that whatever information he had in the matter he had derived from Morris—he knew I was Mr. Longman's solicitor. Re-examined. I knew that there had been some request in regard to the £100, and it was in consequence of that that I called on Fernley—I think I told him that Morris was an undischarged bankrupt—I asked him if he had an abstract title. EDWARD MAY GILL . I am a solicitor, of 110, Strand—in the bank ruptcy of Herbert Morris, in 1895, I acted for the debtor, who is the prisoner Morris. Cross-examined by MR. GEOGHEGAN . Since Morris's bankruptcy he has been to me two or three times about it, in order to see if it could be annulled—I think he had an interest in a public-house at that time. FREDERICK HOLMES ( Inspector ). On February 27th I saw Morris, and told him I had a warrant for his arrest—I sent him to the station, and later on I went to the station, where I found Fernley as well as Morris—I read the warrant charging them with conspiring to defraud Mr. Borras, Mr. Longman, and Mr. Price—Fernley said, "I only know the name of Longman"—Morris said, "It is all false"—on February 28th I arrested Armstrong at his office—at the station he said, "I wish it to be placed on record; it is an unfounded charge." Cross-examined by MR. WARD . I was told that Armstrong had sent a statement to the Treasury—so far as I know, he is a respectable man. Cross-examined by Bennett. I served you with a subpoena to attend as a witness. By the COURT . Bennett ceased to be a witness when I received this warrant. Re-examined. I knew nothing about this case till the Treasury took it up. T. J. COOK ( Re-examined ). I now find that on October 9th, 1883, I received a cheque from Mr. King on deposit of £200—I do not know whether it was Joseph S. King, of Finsbury Pavement—I have it in the ledger here: "October 9th, 1883. By amount on deposit on the sale, £200"—that £200 was paid by Mr. King as deposit on the fr✗ehold estate at Edgware, Little Stanmore Farm; and, of course, as the matter was not carried through, that was forfeited—the £200 is entered in the bank books on November 29th, "Paid by us"—that would be the ordinary course—we received a deposit, and, in the natural course of things, we should hand it over. By MR AVORY . The cheque for £200 was honoured—I paid with my own cheque—it appears in the pass-book. FREDERICK HOLMES ( Re-examined by Bennett ). I served this subpoena on you by the direction of the Treasury—you were at the Police-court on the 22nd, but you were not called—your case was not gone into on that day. By the COURT . Bennett never gave evidence after that date—he may have done so before without my knowing anything about it—I was not in the case. ARTHUR PENLIN ( City Detective Inspector ). On February 27th I saw Fernley at Co eman Street Station, where his office is situated—I said, "I am a City inspector; I want you on a charge of defrauding Mr. Longman and others"—he said, "I don't understand it; all I did was in a strictly legal manner"—on the same evening I saw Bennett, and read the warrants to him—he said, "I never saw any of these people till the day Mr. Longman served me with a writ"—I understood him to refer to Longman, Borras, Price, and others. Morris, in his defence, on oath, stated that in 1883 he agreed to pur chase the Stanmore Estate of Richard Berridge, senior, the freeholder; that Mr. King acted as his solicitor, and an agreement was given to Mr. Berridge, and £200 paid of his own money; that he was acting for a syndicate, but never had a penny from them; that the purchase money was either £32,000 or £35,000, and that there was no mortgage; that the syndicate failed, and that Mr. Berridge said he would never give back the cheque for £200; he would hold it till the day after Judgment Day, and that, therefore, the bargain had never been closed; and that Mr. Berridge, who had since died, told him that he would be able to make money of the estate if he persevered; that he offered the estate to several people, but denied telling Borras that he was entitled to collect the rent; that in July, 1899, Armstrong introduced him to Bennett, who informed him that the estate was still open, and gave him a post-dated cheque for £5,000, upon the faith of which he signed a contract for the sale, and endorsed on it, "Received by cheque"; that Armstrong introduced him to Mr. Longman, but he never told Longman that he was the owner of the estate, or that he collected the rents; that he received £100 from Longman on a promissory note to repay £125 in a month, which he was unable to meet, but that Longman gave him time, as he expected that Bennett would settle every day; and he heard no more till a summons to appear at Guildhall was served on him at Long man's instance; that Fernley had been his solicitor since July, 1899, and in everything he did he acted under Fernley's instructions, and instructed him to write the letter stating that the statements that he had been prosecuted were absolutely untrue, and that he had never been bankrupt, though his brother Herbert had been in 1895. Armstrong, in his defence, stated, on oath, that he made Morris's acquaint ance in September, 1898, who instructed him to sell the Edgware Estate, and promised him £3,000 if he found a purchaser, and handed him a plan of it, stating that he was the vendor; that he signed two commission notes for Borras on behalf of Morris, under an agreement to pay him out of the £3,000; that in March Borras told him that Morris was not the owner of the property, upon which he consulted a surveyor, and then told Morris that he had heard that he was not the owner; and he said that he could procure it if a certain sum was paid; that he spoke to Bennett, who said that he had not the money, but had friends behind him who would enable him to pay; that he believed that Fernley prepared a document which they both signed, and he (Armstrong) witnessed it; that Morris asked him to raise some money for him, and he mentioned the matter to Mr. Longman, who sent him to fetch Mr. Fernley, which he did, and who said that the contract was in proper form, and identified Morris as the person named in the deed, and Fernley then left, after which Mr. Longman advanced £50 to Morris; that he (Armstrong) said, "I will see you repaid when money comes in"; that he gave Longman £100 and two bills for £25 each, which were not honoured, but were renewed, and that Morris paid him £6 10s. for obtaining the loan, beyond which Morris had paid him nothing, and never told him that he had been bankrupt, though he said that his brother had, or that he had been convicted; that he believed that Morris could deal with the estate, and that, before the Treasury took the case up, he called there and left his written statement. Fernley, in his defence, on oath, stated that he was admitted as a solicitor in 1891, and in 1898 carried out some small actions for Morris, and by his instructions wrote the letter of March 15th to Mr. Borras, whom he did not know; that Borras called next day, and told him that Morris had been convicted; that he told this to Morris, who denied it; that on July 18th, 1899, Morris placed some corre spondence between him and Messrs. Lumley in his hands; that on September 21st Armstrong fetched him to Mr. Longman's office, who was an outside broker, and who asked him to identify Morris as the party mentioned in the contract with Bennett, which he had in his hand; that he said, "That is Mr. Henry Morris"; and that he understood that Morris could deal wtth the property, but that he heard nothing about a loan being about to be made to Morris by Longman, and did not say, "He has a good title," as Mr. Slater, the solicitor, could not give him an abstract of title; that he drafted a letter, by Morris's instructions, but did not send it, leaving it on his desk, and never saw it again till it was exhibited at the Police-court, and did not know how it got to Mr. Longman, and that he had not got anything out of the transaction, not even his costs. FERNLEY received an excellent character. NOT GUILTY . Bennett and Armstrong received good characters. Bennett, in his defence, stated that Armstrong asked him to act as agent for the estate, which he consented to do without commission if Morris would give him all he could yet beyond a certain price, and that when Mr. Longman threatened proceedings he put the matter in the hands of has solicitor; that the cheque which he gave was postdated, that he might have time to deal with the property; that he never conspired with any body, and never had a penny out of the transactions. MORRIS and ARMSTRONG — GUILTY .— Nine Months each in the Second Division. BENNE1T — NOT GUILTY . 296. JOHN DAYMON PLEADED GUILTY ** to breaking into the dwelling-house of Edward Wallingford , and stealing two jackets and other articles; also to burglary in the dwelling-house of Benjamin Fenhelstein and stealing an overcoat; and to a conviction of felony at Newington, on October 12th, 1898, in the name of Henry Fletcher .— Five Years' Penal Servitude. And (297) WILLIAM JAMES MCCARTHY (43) , to forging and uttering an order for the payment of £12 12s., and to a conviction of felony at Clerkenwell on February 22nd, 1892.— [Pleaded Guilty: See original trial image.] Five other convictions were proved against him. Five Years' Penal Servitude. 295. RICHARD WALDEN (29) , Unlawfully attempting to have carnal knowledge of Alice Try, a girl under 13. MR. CLARKE Prosecuted. GUILTY .— Nine Months' Hard Labour. 299. JAMES HUNT (45) and ROBERT MORRIS (49) , Stealing two tame fowls, the property of Alfred Marks . MR. FITCH Prosecuted. ALEXANDER LANGTON (421 X. ) On April 3rd I was with Police-constable White—in consequence of information we received we went to Uxbridge Common about 7.45 a.m.—on examining the furze we found a quantity of feathers, which appeared to have been recently plucked from a fowl—we kept watch lying amongst the furze till about 8.30 p.m.—we saw the prisoners coming along the road with two other men, named Leno and Brent, from the direction of Uxbridge—they came opposite to where we were concealed—the prisoners remained in the roadway—Brent and Leno went across the footpath towards a gentleman's house, and shortly afterwards returned with something in a sack—all four met again and walked over amongst the furze to close where we were con cealed—Leno turned the contents of the sack out on to the grass—Hunt remarked, "I can do with them, I thought you had 20 of the b——s—Morris said, "I will carry the sack"—they all walked in the direct on of Uxbridge—Brent and Leno separated from the prisoners and walked across the common—we then overtook Morris and Hunt—I stopped Morris and asked him what he had in the sack—he said, "Two fowls; I did not steal them, but those other two men did," referring to the two who had gone across the common—I told him I should take him to the station for unlawful possession—he made no reply to the charge—the fowls were identified at the station the same morning. Cross-examined by Morris We saw Brent and Leno with the fowls about 12 or 13 yards off—we did not arrest the other two men because you had possession of the property—I never said that we wanted Brent and Leno, and not you and Hunt—Brent was arrested; he pleaded guilty, and was sentenced to a month's imprisonment for being concerned with the others. Cross-examined by Hunt. You were about 100 yards from Leno and Brent when we overtook you—in answer to Morris's statement, I did not tell you both that I did not want you and Morris, but Leno and Brent, as we knew that you knew nothing about it, but we must take you to the station; you separated, or we were going to apprehend the four. EL✗I WHITE (392 X ). I was with Langton on Uxbridge Common on the morning of April 3rd—we found a quantity of feathers, and hid among the furze—I saw the prisoners and Leno and Brent coming along the road from Uxbridge—the prisoners remained at the swing gate near Swetley's Path—Leno and Brent went towards the covers—in about 10 minutes they returned with something in a sack—them all four walked on to the common—Leno emptied the contents of the sacks—Hunt said, "I can get rid of the b——s; I thought you had 20"—Morris said, I will carry the f—g sack"—they walked away about 20 to 30 yards—Leno and Brent went across the common—we followed the prisoners— Langton asked Morris what he had in the sack—Morris said, "Two fowls; I did not steal them, but the other two men did"—we took them into custody. Cross-examined by Hunt. I was concealed about 10 yards off when they went to fetch the sack—you got about 40 yards when we overtook you—I did not say, "It is not you we wanted; but Leno and Brent; we know you know nothing about it, but we shall have to take you to the station"; nor anything of the kind. ALFRED MARKS . I am a grocer's carman, of 4, George Street, Uxbridge, about half a mile from the common—I identified the fowls the second time this case was before the Magistrate as mine—between 2 p.m. and 3 p.m. on April 2nd I had seen them safe—I missed them at 9 a.m. on April 3rd—I value them at 10s.—they were Wyandottes. Evidence for Morris. HARRIET MORRIS . I am the wife of the prisoner Morris—he came home about 4.30 p.m. on the Monday—he went to bed about 7 p.m.—he did not go out again till the Tuesday morning, about 7.15—I never saw him again till after I heard he was taken to the Police-station—he is a hard-working man, and has two children. Evidence for Hunt ELIZABETH JOHNSON . I have lived with Hunt as his wife for 11 years—we have been living at 3, Oak End Gardens, Uxbridge—Hunt came home on April 2nd, and was in bed about 6 30 p.m.—he remained till about 6.30 the next morning—he then got up, and had his breakfast—about 7.30 a.m. he went up the street—I followed him into the Ram—Brent and Leno came in, and called Hunt and Morris out—Morris was there—they said he had bought two fowls, and asked the prisoners if they would sell them—they all went in together. Cross-examined. When I heard the conversation I was against the Ram door—I followed them out—Morris said, "Are you sure you bought them?" and Brent and Leno said "Yes"—I did not hear any more of the conversation; I went to look after my work—Leno and Brent are coster-mongers—Morris's father keeps fowls—I was brought into a mess about stealing ducks, but I had nothing to do with it. The Prisoners, in their defences, said that they bought the fowls, and did not know that they were stolen. GUILTY .— They then PLEADED GUILTY to previous convictions, Morris in April, 1898, at Uxbridge, and Hunt at Guildhall in April, 1895. Eleven other convictions were proved against Hunt, and nine against Morris. HUNT — Twelve Months' Hard Labour. MORRIS — Nine Months' Hard Labour. 300. FRANK MILLS (33) , Unlawfully obtaining from Jane Williams and others 5s. and other sums by false pretences, with intent to defraud. MR. LEYCESTER Prosecuted. JANE WILLIAMS . I am housemaid at 9, Kent Gardens, Ealing—on January 29th the prisoner, who was a stranger, called upon me—he said he called from Singer's, and wanted to know if I would buy a sewing machine—he showed me a price book like this ( Produced, ) showing a sewing machine at £6 7s. 6d., which he said they were selling at £3 7s. 6d. by saving the expense of advertising—after hesitating, I agreed to buy one—he asked for a deposit—I paid h.m 5s.—he said the more I could pay him the better for myself—he gave me this receipt signed "H. Walker"—he said I should get the machine at the end of the week, and I was to pay my deposits at Ealing Broadway, the local Singer office—I never got the machine—I next saw the prisoner at Brentford on April 24th, when I picked him out from others. Cross-examined by the Prisoner. You came to the tradesmen's door—you may have said that you represented the advertising agent of Singer's—you seemed anxious to get an order, and said you expected me to re commend the machine amongst friends and acquaintances—it was a hand machine—the day was cold and the wind keen. ANNIE HOLTON . I am a domestic servant, living at Montpelier Road, Ealing—on Januery 30th the prisoner called and asked me to buy a sewing machine they were offering at £3 7s. 6d., the usual price being £6 7s. 6d., but that they were saving the expense of advertising—I hesi tated, saying I was not in want of one, but as they were selling them so cheap I would go in for one—he asked me for a deposit—he said I could give him what I liked—I gave him 10s.—he gave me this receipt, signed "H. Barker"—he said my machine would be up on Friday or Saturday—I waited till Monday—I was to pay the instalments at the Ealing Broad way office—I made inquiries there, and got a warrant. Cross-examined. I picked you out at Brentford—you came to the side door—you did not press for any settled amount—you were anxious to get an order and recommend the machine. LILLIE MOLTON . I am a domestic servant at 5, Grange Park, Ealing—on February 1st the prisoner called and asked me to buy a £6 7s.6d. sewing machine which was being sold for £3 7s. 6d., to save advertising—he showed me a Singer's price list with a picture of a machine in it—I agreed to buy one—he asked me to pay as much as I could deposit, as it would be better for me and better for him—I paid him 7s. 6d.—he gave me this receipt, signed "H. Barker"—I next saw him at Brentford, and picked him out from several others. Cross-examined. You called at the side door—you said you represented the advertising agent of the Singer Sewing Machine Company—I wanted to pay 1s., and you said it would be better if I paid 7s 6d.—you said I could have it with a treadle, but I wanted a hand machine—I think you showed me a paper, not a book. ISABELLA COOPER . I am a domestic servant at 49, Mount Avenue, Ealing—on February 2nd the prisoner called and showed me a Singer's price list like this produced—he wanted me to buy a machine for £3 7s. 6d., saying the usual price was £6 7s. 6d.—he asked me to pay as much as I could deposit, and said, "It will be better for yourself and better for me"—I gave him 10s.—he gave me this receipt in the name of Barker—I next saw him at Brentford, where I picked him out last Tuesday. Cross-examined. I pointed to someone else—I picked you out the second time, after the officer had said, "Have another try"—you said you represented the advertising agent for Singer's, that you had a small com mission on the amount you received, and that you paid a sum on default—it was a hand machine. WALTER CHAPMAN . I am the superintendent of the Singer Manu facturing Company's Ealing branch, 19, Broadway, Ealing—the places referred to by the four previous witnesses would be within that district—I saw the prisoner at Brentford—I do not know him—he was not employed at our branch—he had no authority to act or sell machine for us—we employ no advertising agent—we supply our travellers with proper forms of receipt, with counterfoils, and on which the name, "The Singer Manufacturing Company," appears—the coupons are for 1s. 6d., 2s., 10s., and £1, and the final receipt closes the account when the last amount is paid—the prisoner's receipts have nothing to do with us. Cross-examined. I know of no Mr. Barker employed by us—I saw you in February, on a Monday morning, first at the Red Lion and then at South Ealing Station—I was watching for you—you came to our van, and then disappeared—you rushed out of South Ealing Station. EMILY GOODYEAR . I live at 34, Western Road, Ealing—the prisoner came to lodge at my house on Saturday, January 27th—he went away the following Tuesday week, February 6th—he did not tell me he was going—on the Monday after he came he asked me to get a Singer's price list, as he wanted to make his mother a present of a machine—I got him a sheet price list, and gave it to him on the Monday. Cross-examined. You asked me if I was going in the town, and I said, "Yes"—the following Sunday you said you had an appointment at the East India Docks, and you would go by the early workmen's train—you went before I was up—you came back on the Monday afternoon—you said you were delayed by a blockage on the line—you left my house between 6 and 7 on the Tuesday night. Re-examined. I was not in when he left—he asked my daughter for his clothes—he owes me 12s. 4d. ALICE JEFFREYS . I live at Caston Grove Park, Wanstead—on February 13th the prisoner called and said he was travelling for Singer's Sewing Machine Company, and asked me if I would have a machine—he showed me a book list—the price was to be £3 7s. 6d., the ordinary price being £6 7s. 6d.—he said that instead of advertising in books and stations, they were selling at a reduced rate; that it was usual to pay a deposit, and the more I paid the more he would get—I agreed to have a machine—I was going to send it to my mother's house—I gave him 30s.—he gave me this receipt, signed "Barker"—he called again on the 17th—I then gave him another £1—he gave me another receipt—he offered to pay another 10s.—on the back of the second receipt he wrote his name and address, "H. Barker, The Lawn, Highgate Hill, N."—as my machine did not come I made inquiries at Singer's shop at Stratford—I got a warrant out against the prisoner—I identified him at Brentford. Cross-examined. My fellow servant answered the door, and I did not hear you say that you represented the advertising agent of the Singer Company—you said the more I paid the more commission you would get—you showed me the representation of a hand machine—you said the Singer Company were advertising in that way instead of advertising on stations and in books, and that they were only putting out a limited number, twelve in each district. ROBERT STEWART CAMPBELL . I am manager of Singer's branch at Stratford—Jeffreys' address is in my district—I do not know the prisoner—he was not employed by us—he has no right to sell our machines—we do not employ an advertisement agent. Cross-examined. Mr. Barker has been employed by the company—he is a superintendent in the City—I do not know Mr. Chisholme—the Swan Hotel is opposite our shop. HENRY DAVIS ( Detective, X). I saw the prisoner in custody at Brent ford on April 24th—I had a warrant against him in Holton's case—I read it to him—he said, "Very well, I will plead guilty"—I told him he would be put with others for identification—he said, "You have no occasion to do that"—he was identified by all the witnesses. FRANCIS HALL ( Detective, J). I had Miss Jeffreys' warrant, and was present when Davis read at Brentford Miss Holton's warrant, and told him he would be put up for identification—he said, "You have no occasion to do that; I will plead guilty"—he made no reply to the charge. The Prisoner's Statement before the Magistrate: "I plead guilty to receiving the money. At that time I believed I was bona fide employed by an agent." The Prisoner, in his defence, said that he was desirous of going to the South African War, being a ship's steward, and met with a Mr. Barker, who said he was Singer's advertising agent, and employed him to get ord✗ers for Singer's till he could become engaged, and that he paid over all sums to him until he was arrested at St. Alban's, when in great distress through this so-called agent's misrepresentations, by whom he was deceived, and that he was innocent of fraud. GUILTY .— Twelve Months' Hard Labour, to commence at the expiration of his present term of Three Months' Imprisonment for a similar offence . 301. CHARLES JOHNSON (48) , Stealing a box and 3 1/2 dozen of feather wings, the property of John Rea . MR. MORROW Prosecuted. SIDNEY JAMES REA . I am assistant to Mr. John Rea, wholesale feather manufacturer, of 9, St. Edmund's Place, Aldersgate—on April 27th I heard a noise at the warehouse about 9.30 a.m.—I went near the entrance, expecting a customer—I found no one there, but heard someone on the stairs—our premises are on the first floor—I went down the stairs, and near the street door I saw the prisoner with this box ( Produced )—he had dropped some of the wings out of it, and was putting them in again—I taxed him with taking the box from our warehouse—he said he was sorry, but he was unwell, and wanted to be let off—I detained him—we only sell wholesale—there were 3 1/2 dozen wings in the box, value £1 8s. Cross-examined by the Prisoner. You said, "I will put these in the box; somebody has dropped them; if you say they are yours, they are not mine, I will return them; shall I come up in the office? just as you like"—my father came in just afterwards—you wanted me to let you go, but my father said, "Fetch a policeman"—a policeman came—you have been up there before, and asked if we had any packing boxes for sale, or made some such excuse. Re-examined. The counter containing the boxes runs beside the door. ARTHUR ALDERSON (444, City ). I arrested the prisoner on April 27th for stealing a box of feathers—I took him to the station—he made no reply to the charge—he gave his address as at a Salvation Army shelter—he was not known there. GUILTY .** †— He then Pleaded Guilty to a conviction of felony at Guildhall on December 29th, 1898, in the name of William Toomey. Three other convictions were proved against him.—Twelve Months' Hard Labour. 302. EMMA BUSCH (21) was indicted for, and charged on the Coroner's Inquisition with, the wilful murder of her newly-born child. MESSRS. MATHEWS, MUIR and STEPHENSON Prosecuted, and MR. KENYON Defended. There being not sufficient evidence that the child had had a separate existence, MR. JUSTICE LAWRANCE directed a verdict of NOT GUILTY . 303. MORRIS MONK , for the manslaughter of Morris Cohen . MR. METCALFE , for the Prosecution, offered no evidence. NOT GUILTY . 304. CORNELIUS LYONS , Unlawfully setting fire to a shop belonging to William Badderly , with intent to injure. MESSRS. RANDOLPH and HARRISON Prosecuted. ALFRED HAMMOND . I am manager to William Badderly, a stationer, who trades as Warrington & Co., 23, Garrick Street—on the night of January 16th I locked the premises up, and, so far as I know, I was the last to leave—I left by the back door, locked it with two locks, and also locked an iron gate which is down three or four steps from the door—when I arrived next morning about 8.45 I found the premises in the possession of the firemen—my attention was drawn to an office on the first floor, which contains two safes—one of them had been tampered with—the side was partly forced, and some of the packing, a kind of cement, was on the floor—the marks were not there the night before—there was a crowbar near the safe—it is the firm's property, and is kept in the basement—some little time afterwards the key of the other safe was picked up, with which I opened it, and a bag of money was missing—the key is usually kept in a drawer of a desk which is not locked—I missed about £8—I had seen it there safe on the Saturday before the 13th—I did not miss anything else—the damage done by the fire was about £2,000—we have several lads employed there, and amongst them the prisoner—he had been employed about two months—he was at work on the Tuesday—he was last paid his wages on the Saturday previous—there would have been money owing to him for the Monday and Tuesday—I never saw him again—he was not discharged—there was also in our employ a lad named McNeil—he was paid the previous Saturday—he had been there on the Monday and Tuesday—he was not discharged, but he has not been there since. DANIEL CALDON . I am a printer, and work for Mr. Badderly—I live at 16, Emerald Street, Theobald's Road—on April 10th I was out with a boy named John Scott—we had some goods on a truck—I saw the prisoner in Holborn Circus—he used to be employed with me—he said, "Halloa!"—I said, "Halloa! you done a nice thing for our firm"—he said, "What! the fire?"—I said, "Yes; did you get any money?"—he said, "Yes; we got £8, of which we had £4 each, me and McNeil; we both stayed behind at night, and hid behind a litho' stone; Mr. Ham mond came down to turn off the gas; McNeil intended to hit Mr. Hammond with a piece of iron, only he was too quick for him"—he then said they went from, there upstairs into the shop, and opened a safe, from which they got the money—they then went up to the governor's room, on the first floor, and stayed there till 5 o'clock in the morning, they came down, and McNeil had a piece of lighted candle, he placed it near some paper beside a cutting machine, and then they left the premises a little after 5 a.m.—he did not say whether the paper was alight—he did not say which door they left by—he said he was working for Page & Pratt's, in Bride Street—I had not seen him between the night of the fire and when I met him in Holborn Circus—McNeil used to work at Warrington's—I have not seen him since the night of the fire—he has not been at work—I made a report of the matter—McNeil is older than the prisoner. JOHN SCOTT . I am a layer-on, and work for Warrington & Co.—I remember the prisoner working there—I was with Caldon on April 10th, in Holborn Circus, when we met the prisoner—I had not seen him since the night of the fire—he said, "Halloa!" and we said, "Halloa!"—Caldon said, "You have done a nice thing for our firm"—the prisoner said, "What, the fire?"—Caldon said, "Yes"—I asked him how he done it—he said they hid behind a stone rack, and McNeil intended to hit Mr. Hammond, but he was too quick for him; that they then went upstairs and found the key of a safe, from which they got the money; they stopped there and smoked the governor's cigars till 5 in the morning, when they placed a lighted candle near some paper, near a cutting machine, and then went out by the front door—he told me he had burnt a cheque for £490 odd—Caldon asked him where he worked—he said, "Page & Pratt's"—McNeil's age is about 18; he is older than the prisoner. AMBROSE LESTER . I am superintendent of the Metropolitan Fire Brigade Station, Rosebery Avenue—at 5.27 a.m. on January 17th I received a call, and went to Garrick Street, Covent Garden—I found the back part of the premises, from the ground floor upwards, well alight—five hydrants and one steamer were got to work; it was a rather serious fire—after it was extinguished I searched the premises to find the origin of the fire—on the front part of the first floor I found a leather bag which had been ripped open—a crowbar was lying near by, with two or three screwdrivers—I also saw two safes, which apparently had been tampered with—the fire had originated at the back part of the ground floor—I found no traces of a candle—there was a lift at the back, and the fire had travelled up the shaft to the top floor—I forced the back door myself with a big axe—the front door had been opened, I believe by the police, before the brigade arrived—I handed the place over to the police. WILLIAM CRANSTON ( Police Inspector ). About 5.45 a.m. on January 17th I went to 23, Garrick Street—I found the premises well alight—the firemen were attempting to force the back door, which was securely locked—the front door was only fastened with one lock—I was after-wards called up to the first floor by the firemen—I found a brief bag cut open, and the contents scattered about the floor—an attempt had been made to force the safe—there were some screwdrivers lying on the floor which had evidently been used for that purpose—all the drawers in the desk there had been pulled open, and some of them were on the floor—I found the key of the safe on the floor—I found no marks of an entry having been made from the outside. HARRY CALLIGAR ( Police Sergeant ). About 9 a.m. on January 17th I went to these premises and made an examination of them—the ground floor was burned out, and at the back of the office on the ground floor a desk had been forcibly opened—in the front office I found two safes which had been tampered with, some cement on the floor, and one had apparently been opened by a crowbar, which was lying by the side of it—I saw a key in a drawer which would fit the second safe—on the 11th I went with Detective Waters to the office of Messrs. Page & Pratt, where I saw the prisoner—I told him we were police officers, and should arrest him for committing a burglary at 23, Garrick Street, and also setting fire to it—he said he did not know anything about it—we took him to the station—he made no reply. The Prisoner's statement before the Magistrate: "I only wish to say that I am sorry I have no witnesses to call." ALFRED HAMMOND ( Re-examined ). This cheque ( Produced ) was given me by one of our shopmen, and I have since cashed it—it must evidently have been delivered by that night's post after I left. GUILTY . He received a good character. Recommended to mercy by the Jury on account of his age.—Three Months' hard labour and Twelve Strokes with a birch rod . 305. FREDERICK WILLIAM BAILEY (39) , Unlawfully ob taining, by false pretences, from Barnett Marshall , certain title deeds, with intent to defraud. MR. CRANSTOUN Prosecuted, and MR. HARRY LEWIS Defended. BARNETT MARSHALL . I reside at Ashley, South Road, Southall—I have retired from business—I have known the prisoner from 1896—he has acted as my solicitor in money advances on mortgages—I received his letter of January 2nd, 1897—( Stating that £250 could be safely ad vanced on the premises of 47 and 47a, Carnaby Street, Regent Street ).—a valuation of the property was enclosed—on receiving that letter I went and saw the prisoner at his office—I told him the security seemed to he good, and that I would advance the money—he told me that Mr. Hocking wanted a mortgage on this property, of which he had bought the lease, £250 as part of the purchase money—I received this letter of January 7th, 1897—( From Bailey, arranging to complete the purchase the next day )—I attended the completion at the offices of Messrs. Burton & Son, Blackfriars Road—the property then belonged to the Streatham and East Surrey Permanent Building Society, who assigned the lease to Hocking—I saw Bailey sign the receipt for the title deeds in the schedule, and the deeds handed over to him, and I advanced the £250—shortly afterwards I called on Bailey and received the deeds from him, including the transfer to me of Hocking's mortgage—I deposited them at the bank—in November, 1899, Bailey said that Hocking had told him that he wanted to sell the property, and would require the deeds to be produced—believing his statement, I got the deeds from the bank and left them with him—I received his receipt of November 15th ( Produced ).—I received this letter from Bailey of January 10th, 1900—( Stating that negotiations were still going on ).—I had called at his office that day—I wrote to him on February 24th, and received his reply of that day—( Arranging for meeting the parties on March 24th ).—on March 24th I sent to ask where the money was to be paid—I got no reply—not being satisfied, I saw Hocking on March 25th and 26th—in result, I put the matter into the hands of Messrs. Thornicroft & Willis, solicitors, to make inquiries. Cross-examined. I have known Bailey since 1896—until recently he has acted as my solicitor—I had every confidence in him. GEORGE HARRY WILLIS . I am one of the firm of Thornicroft and Willis, solicitors, of 59, Chancery Lane—about March 27th Mr. Barnett Marshall consulted me in this matter—actingon his instructions, on Wednes day, March 28th, I called with Outram, my clerk, on Bailey at his house at Leatherhead—he had ceased to practise at Lincoln's Inn Fields—I told Bailey I had come on behalf of Mr. Marshall to make inquiries about a mortgage; that I understood there was a mortgage for £250 on property in Carnaby Street from Hocking to Marshall—Bailey said that was so—I said, "Has the mortgage been paid off?"—he said, "No"—I said, "How is that?"—he said, "Hooking was to have paid it off on the 26th, but he has not done so"—I said, "Why did you get the deeds from Mr. Marshall last November?"—He said, "Hocking told me that he had arranged to sell the property; that the mortgage would, therefore, have to be paid off, and I wanted the deeds"—I said, "Has the property been sold?"—he said, "No"—I said, "Where are the deeds?"—he said, "At 63, Lincoln's Inn Fields"—I said, "Why did not you return them to Mr. Marshall?"—he said that Hocking had arranged to pay the mortgage off—I said, "I thought you said just now that he was going to sell the property?"—he said, "He has changed his mind, and is going to pay the mortgage off"—I said, "How is he going to do that?"—he said, "He is going to deposit the deeds with his bank, and get an advance"—I said, "You are quite sure nothing has been paid off?"—he walked away to the end of the room to look out of the window for a moment, and then said, "I have received £100"—I said, "When was that?"—he said, "About a month ago"—I said, "Why have you not paid it to Mr. Marshall?"—he said, "I did not want to"—I said, "Why not?"—he said, "I was going to pay it all over at the same time"—I said, "This is most irregular, and I must ask you to meet me to-morrow morning and hand me over the deeds and the money"—he said, "I am afraid I have an engagement to-morrow morning, but I can come the day after"—I said, "It is a serious matter, and you really must meet me to-morrow morning"—he said, "Very well, I will come to your office at 11.30 with the deeds, but I am not sure about the money"—I said, "Then I shall rely upon seeing you"—he did not call, and I have had no communication with him since—after waiting another day I applied for a warrant—these are the deeds ( Produced )—there is no receipt on the transfer, but on the mortgage is a receipt for £100 by Bailey, dated January 1st, 1900—handing deeds to the solicitor would not give him authority to receive money; that is only by another document signed by Marshall—we always refuse to pay money in such a case—the mortgagee was Bailey—by suppressing the deed the receipt was suppressed—the mortgage to Bailey and transfer to Marshall were not registered—all the deeds up to the assignment to Hocking have been registered—there would be a defect in the title—the transaction was completed on January 8th, but the deeds are dated back—the assignment to Hocking is dated December 26th, 1896, and the mortgage to Bailey the same day, and the transfer to Marshall January 8th. HENRY WHITFORD HOCKING . I am a shop-fitter and builder, at 124, Wardour Street—in 1896 I gave instructions to the agent and to the prisoner, as solicitor, for the purchase of 47 and 47a, Carnaby Street—I instructed Bailey to procure me an advance of £250—in January, 1897, I completed the purchase and signed this mortgage to secure the £250—in November, 1899, I met Bailey at Messrs. Barnard & Son's, 48, Brewer Street, by accident—he asked me if I was not ready to pay it off, as the trustees were doubtful about the security—I told him, as I had only had the mortgage for three years, and it had cost me £20, I thought it was rather hard, and, as for the security, I would not bell the pro perty for anything like the amount that was lent on it; but I would see what money I could pay him by Christmas—I never told him that I desired to sell the property—I believed what he said about the trustees, and went to his office on January 1st with £100 in notes—he said he was sorry I had brought it in notes, as he wished to send it away, and would I give him a cheque—I went home, wrote out this cheque for £100, and sent it to him—I wrote, "Pay Bailey, or order, £100, part payment of mortgage re 47 and 47a, Carnaby Street"—that is Bailey's writing at the back—it is dated January 1st, 1900—I enclosed it in a letter, in which I reminded him that I wished the receipt put on the mortgage deed, as I wanted his client to see when I paid the money—I got a letter back with this receipt ( Produced, ) but there was no reply to my request about the receipt being put on the deed—I wrote to him on February 25th, saying that he had not kept his promise, and asking him to do so, and send the deed for perusal—I got his reply of February 27th—( Stating that he would call to-morrow at 2 o'clock with the deeds, and that he should be glad if he could take up the deeds, as the beneficiaires were in want of the money ).—he called the following day, and wrote this receipt on the deed in my office—he did not tell me that the mortgage was transferred, or I would not have paid him the £100—I never told him I had changed my mind, and that I was going to pay the mortgage off instead of selling the property—in reply to his letter of February 27th, I told him if the beneficiaires wanted the money they ought to make me some allowance, as I should have to deposit the deeds at the bank to get the money—it was not my intention or desire to pay off the mortgage. Cross-examined. He did not say, "I have seen the premises; I am not satisfied with the condition of them, and it is not a trustee's security"—the £250 was the full amount of the purchase—I never said that I would sell the premises for £500—I never wrote to him to say that I would pay the balance off, but I telegraphed to him for an appointment in March—nothing was said on either side about my selling the property—I told him I expected money about Christmas. DAVID LITTLE ( Police Sergeant ). I am stationed at Bow Street—I served this warrant on the prisoner at his house at Leatherhead—I read it to him—he made no reply—I brought him to Bow Street—the charge was read over to him—he said nothing. GUILTY .— Six Months' Hard Labour. 306. JOHN GORMAN (53) , Feloniously marrying Eliza Evans , his wife being alive. MR. OSWALD Prosecuted, and MR. WARBURTON Defended. ERNEST MILLER . I live at 109, Harrison Street, Gray's Inn Road—I am a potman—I have a sister, whose maiden name was Hannah Miller—she was married in March, 1873, at St. Martin's-in-the-Fields, to the prisoner—she left him in September, 1893—she has since lived in Peckham. Cross-examined. The prisoner has seen his son since his wife left him——she took the furniture with her—the prisoner has been living in Mill man Street, Lamb's Conduit Street, near Gray's Inn Road. ELIZA EVANS . I am a servant at 31, Charington Road, Finsbury Park—I went through a marriage ceremony with the prisoner in June, 1899—he said he had been a widower for nine years—he left me about 10 days before Christmas, saying I had no claim on him, and taking his things—the home was mine—he said I must do the best I could, and offered to allow me a small sum, which I summoned him for, and that is how I found out about his wife—he told me he had found out his first wife was living, and we should have to part, and we parted—this is the marriage certificate from the Registrar's Office, Holborn, of June 27th, 1899—I lost my maintenance action at Dalston County Court—he said his wife had been dead three years—he wrote me this letter, asking me to come back—he said that he had made inquiries—I met him—I told him my father would not allow me to go back unless he got the death certificate of his wife—he said that his wife left him 12 years ago, and he was afraid of being arrested. Cross-examined. He told me a little before Christmas that he had heard his wife was alive—I thought it was a tale, and summoned him on March 7th and 8th—he offered to allow me 5s. a week before he left me—he paid me nothing—that is why I summoned him—I went with him to Somerset House and had the agreement stamped with an 8d. stamp—he never paid. JOHN GORMAN . I live with my mother at 58, Asylum Road, Peckham—I am the prisoner's son—my mother left him six years ago in March—we have lived at several addresses in Peckham—I met my father on Holborn Viaduct two years ago—he asked how my mother was, and I said, "Quite well, thank you"—I fix the time by my employer changing his bank. Cross-examined. I was friendly with mother, and not bitter against father—father said he should like her to write to him, or he should like to see her. ALBERT PEDDER ( Police Sergeant, E ). I produce copy of the prisoner's first marriage certificate—I arrested him at 9.45 a.m. on April 11th, at 34, Millman Street—I told him I was a police-officer, and should arrest him for feloniously marrying Eliza Evans, his wife being then and now alive—he said, "I did not know my first wife was alive; I have not seen her for nine years, and when I found out that she was alive I said to my second wife, 'We had better part, as it's bigamy'; if I had been in work and paid the money, this would never have happened." He repeated this statement in his defence. GUILTY .— Twelve Months' Hard Labour. 307. THOMAS JOHNSON (15) and WILLIAM BOTWRIGHT (16) , attempting to have carnal knowledge of Maud Dene. Johnson was also charged with aiding and abetting Botwright. MR. HUTTON and MR. FORDHAM Prosecuted. NOT GUILTY . 308. HENRY GROVE (26) was indicted for, and charged on the Coroner's Inquisition with, the wilful murder of Henry Smith . MESSRS. BODKIN and STEPHENSON Prosecuted, and MR. WARBURTON Defended. FRANCIS ALLWRIGHT ( Police Sergeant ) produced and proved the plans of No. 1, Notts Cottages, Parsonage Lane, Enfield. WILLIAM JORDAN . I am a firewood dealer, of 9, Burlington Road, Enfield, and have been in the habit of hiring a stable at 1, Notts Cottages, from the deceased, at 2s. 6d. a week—I know the prisoner—he is a coster monger—he also used to hire a stable there—I do not remember his giving it up—I remember him keeping a barrow there—I have seen him and Smith together on many occasions; they seemed to be friendly—on Saturday, February 24th, about 11.15 p.m., I went to 1, Notts Cottages with my little boy to put away my donkey and barrow—I went in through the large gates of the yard, saw Smith come out of his shop, and shut the gate by which I had entered—I lighted a lamp in the stable when I got there, and there was also one in the shop, the door of which was open; the street lamp was alight in the road outside—I set about putting my donkey away, and when I had been there a few minutes the prisoner came to the gate, which was closed, with a pony and barrow—Smith was standing against the inside of the gate, and said to the prisoner, "You are not coming in here any more"—the prisoner began using bad language—Smith did not say any more—the prisoner seemed to me as if he had had too much to drink—Smith said, "If you were not drunk you would not have a word to say for yourself"—the prisoner said, "I am not drunk"—he was standing on the pathway outside, and near the gate; he had either a stick or a whip in his hand; his pony and cart were in the roadway—Smith had a stick in his hand; he always had one to walk with, he was a very old man—I did not know his age then—he was infirm through old age—the prisoner then used bad language, and struck at Smith over the gate with his stick or whip, who struck at the prisoner—the gate is about 4 ft. high—neither of them hit the other—then the prisoner ran through the little gate and struck Smith on the shoulder with the stick or whip, and said, "You old b——, I will kill you"—Smith put one arm to the other, and cried out, "Oh!"—he still stood in his yard—I did not think he was much hurt, and as I wanted to give my donkey some water I went into the stable to fetch a pail, and then went up to a pond at the back of the yard, leaving my boy Albert behind—when I came out of the stable with the pail Smith was inside the yard and Groves outside, against his pony—I got the water, and while I was coming back I heard cries of "Murder!" and "Police!" from Mrs. Smith—I had been away about 10 minutes—as I was entering the little gateway I saw a scythe lying on the footpath near the little gate—I had seen three scythes in the yard—this ( Produced ) is one of them—I saw them there when I went in on that night against the wall furthest from the road—I went into the stable with the water—my son said something to me—I went straight to the door of the shop and looked in—I saw Smith lying down, groaning, between the counters, with his feet towards the door; Mrs. Smith was also there—I went out into the road then—I noticed that the scythes were gone—I saw the prisoner standing against his pony's head opposite No. 3, which is his own gate—I had not seen him as I went in—another man came down the road and said, "Harry, Harry, what is the matter?"—the pony and the barrow were taken away; I cannot say by whom—I saw no more of the prisoner—after a little time the police came, and a doctor. Cross-examined. The stable is a few yards from the gate—it was not very dark—the deceased was fairly healthy—he generally walked about with a stick—when I went away for the water I did not anticipate that anything further was going to happen—I saw two scythes lying on the path when I came back with the water. Re-examined They were about a yard or two apart. ALBERT JORDAN . The last witness is my father—I am 12 years old—I remember going back to the stable with my father on the night of February 24th, and his going away to fetch the water from the pond—I did not see the prisoner then—I had seen him coming down in a barrow before my father went away—I heard the prisoner come into the yard and go up against a wall where some scythes were standing—I was in the stable then—I could see the prisoner—there were three scythes, and I saw him take two of them and go out at the gate, along the path, and into his own gate at No. 3—he stood the scythes up against the wall of his house—Smith was standing in his own yard, blowing his whistle, and the prisoner used bad language to him—after waiting about five minutes the prisoner took up the two scythes and went into No. 2 garden—Smith was standing up against the fence between his yard and No. 2—his back was towards the prisoner, who struck him over the fence, on the back of the shoulder, with the handle of the scythe—he had dropped the other one on the footpath outside Smith's—Smith halloed out, "Oh!" and put one arm up to his shoulder—the prisoner said, "I will kill you, you old b——"—Smith turned round, and lifted his stick—he was just going to hit the prisoner when the prisoner ran out of No. 2 garden and into Smith's garden—Smith ran in, and went to shut his door, but the prisoner followed him as he was going to shut the door of No. 1, and knocked Smith down with the heel of the scythe, striking him on the chest—Smith was in the doorway—he fell down on his back, with his feet towards the door—I came up to where the pump is, near the door, to see what he was doing, and I saw the prisoner strike Smith twice across the body while he was on the ground, with the heel of the scythe—they were hard blows—he said, "I will kill you both, you old b——s"——the other was Mrs. Smith—then he came out at Smith's gate and dropped the scythe outside the gate near the other, and went down into his own house, and I lost sight of him—I first saw Mrs. Smith before the row began, and before Smith went into his house—the prisoner was in No. 2 garden then—she was standing at her own door halloaing out "Police!" and "Murder!"—I did not see the prisoner knocked down at all, or see Smith strike any blow—he was going to after the prisoner had got the scythes—I saw the three scythes; the prisoner took two and left the other against the wall. Cross-examined. When Smith was blowing his whistle the prisoner was in his own garden—I had heard the row before the whistle was blown—it was very dark—the prisoner was mad drunk—he was very excited—he was not staggering at all—he was unsteady in his walk—I did not hear him say, "I will kill you, you b——," before my father went away. WILLIAM ALLDAY . I live at the Old Sergeant public-house, opposite No. 1, Notts Cottages—I have known the prisoner six or seven years, and old Mr. Smith 18 or 20—I was at home on February 24th—the house was shut at 11 p.m., and about 11.25 I was in my bedroom in the front, over-looking the road—I heard somebody coming down the road si ging, and recognised the prisoner's voice—I do not know if he was drunk or not—I think he had had something to drink—I heard Smith say, "Harry, I do not want you inside here"—the prisoner said, "What, you old b——d, I will kill you"—that is all I heard—I did not get up then, not till I went down to give somebody some brandy for Mr. Smith, about 11.50—I never went outside the door. BARBARA ANN SMITH . Henry Smith was my husband—he died on March 20th at the Enfield Cottage Hospital—he was 84, I am 75—we have been married 40 years, and have lived at 1, Notts Cottages, 32, years, where we kept a small sweetstuff shop, and my husband used to let out the stable to costermongers, because he had lost the sight of his eye—he used to get 2s. 6d. a week from the parish, but they have taken it away now—he was also rather deaf—he could walk, but he did not go further than the top of the lane—if he went out of the yard he took a stick, but he had not one on this night—he was in good health—there was nothing the matter with him except losing his sight—the prisoner used to keep his pony and barrow in our stable a long time ago, and used to pay 2s. 6d. for it—after a while he only kept a barrow there and paid 6d. a week to my husband—on February 24th he owed my husband 1s.—I am not sure of the amount—before that night I had heard my husband tell him that he would not have him in there any more—on the night of February 24th we were at home—he went out at 11.20 to shut the big gate—I had not heard Jordan come in—my husband had just got it shut when the prisoner rushed at him—the prisoner had a pony and barrow with him—my husband told him he should not come inside that night—the prisoner said he meant killing the old b——; I said to my husband, "Come inside, and let him be where he is," and my husband came in directly—the prisoner rushed in after my husband, who tried to shut the door; and the prisoner said, "You don't shut no b——door here; I mean killing you;" and knocked him down—I do not think he had anything in his hand—the blow hit my husband in the chest some where—the prisoner went away directly after that, and came back instantly with two scythes in his hand, and dealt my husband, who was lying on the floor, four or five tremendous blowb——he could not help himself—I said, "Pray don't hit him any more," and he said, "I will serve you the same," and he knocked me down, and hurt my back; I am suffering from it now—he struck me with the heel of the scythe—I got up after two or three minutes, and called out, "Murder!" and "Police!"—the prisoner went away—they took my husband to the hospital. Cross-examined. There is a box tree at the corner of our garden—the prisoner had the two scythes cuddled to him—I could see them distinctly. FRANCIS ALLWRIGHT ( Re-examined ). I took this photograph—there is a tree in the garden of No. 2, near the fence—there is room for a person to stand between the fence and the tree. HENRY LEATHERS . I am a compositor—about 11.30 p.m. on February 24th I was in Chase Side, Enfield—I heard a whistle—I went in the direction, and arrived at 1, Notts Cottageb——I saw the door open, and the prisoner inside, with his back towards the door—I saw him strike a man on the ground twice with a scythe—the man's feet were towards the door, and the prisoner near them—the blade was pointing away from the deceased—they were rapid blows, across the head—then he backed out, and was just over the threshold when he went back and repeated the blows, which fell more on the body than before—he held the scythe in the same way as before—he said, "I will do for you, you old b——"—then he came out and went into his own house—I did not speak to him. Cross-examined. I went home after that—there were two or three of us standing round—I did not interfere; I might have shared the same fate myself. WILLIAM STOWE . I am a decorator—on February 24th, soon after 11 p.m., I was not far from the top of Parsonage Lane—I heard a whistle—I went down the lane and stopped outside 1, Notts Cottageb——severa people were outside—I heard groans coming from inside the door, which was two or three inches open—I pushed the door open, and saw Smith lying on the ground, with his feet towards the doorway—his wife was raising herself from a sitting position at the head of her husband—Smith made a remark. JOHN GEORGE WIDDICOMBE . I am a Justice of the Peace for Middlesex, and reside at "Dilkoosha," Enfield—on Sunday morning, February 24th, I received information from the police, and in consequence went to the Enfield Cottage Hospital, where I saw the prisoner in custody—I then went to the bedside of Henry Smith, and directed that the prisoner should be brought up close to the bed—he was brought to the foot of the bed, within earshot of what Smith was saying, whose voice was quite loud—I took down, in writing, a statement which he made—I asked him ques tions, and he answered them—I then asked the prisoner if he had heard what Smith had said—he said, "Yes"—I said, "Do you wish to ask the prosecutor anything on what he has said?" and he proceeded to put some questions, which I took down verbatim, as well as the answers, on this paper ( Produced )—this is my writing—I wrote: "Henry Groves, the prisoner, asked the injured man: Q Did I pay you 6d. at the beginning of the week for leave to draw my barrow into the yard? A. Yes but as you had not paid me for two weeks I gave you notice to take your barrow away. Q. When did you give me notice? A. A fortnight ago. Q. Was it 1s. I owed you? A. Yes. Q. What did you do on Saturday night, when I brought the pony in? A. I told you to take the pony and barrow away. Q. Did you not knock me down with a stick when I went into the yard on last Saturday night? A. No, I did not. Q. Did you not stand at your gate when I fetched the three scythes, and was going out? A. No, I was standing at my own door, when you rushed at me. Q. Did you not strike me on the shoulder when I was going out? A. No, I did not"—the whole of the examination is in my writing. LOUISA WILKINSON . I am a nurse at the Enfield Cottage Hospital—at 12.45 a.m. on February 25th Henry Smith was admitted there and remained till March 20th—Dr. Collyer attended him in the interval—every care and attention was shown to him—I gave a pair of trousers which belonged to the deceased to Police-constable Somers. SAMUEL DRAYTON ( Police Sergeant ). I was on duty in Enfield on this night from 9.30 onwardb——I know the prisoner by sight—I saw him in Enfield Town at 9.30, at 10, and at 10.30—on the first occasion he was in the King's Head public-house—on the other two occasions he was with his barrow in the streetb——there was nothing in his behaviour which attracted my attention—he was quite sober—at 11.30 I heard a whistle, and went to Chase Side—on the way there I got information, and I went to 1, Notts Cottages, where I saw Smith lying, seriously injured—I sent for Dr. Collyer, and then went in the direction of Baker Street, and in a room at the rear of a shop there I saw the prisoner—I said, "I am going to take you into custody on a charge of assaulting an old man named Smith in Parsonage Lane"—he said, "If you are going to, you must"—I then gave him to Constable Arnold—I went back to Notts Cottages, and eventually took the old man to the hospital—next day, February 25th, I took the prisoner to the Cottage Hospital, where the examination of Smith took place before Mr. Widdicombe—the same morning I searched in the neighbourhood of Notts Cottages, and found three scythes together on the ground in the front garden of No. 3, Notts Cottageb——I did not notice any mark on them then. EDWARD KELLY (100 Y ). At 12.30 a.m. on February 25th I was at Enfield Police-station when the prisoner was brought in—the officer reported what had happened in the prisoner's hearing, who said, "I used to hire a stable from him and pay half-a-crown a week for it, but trade getting slack, I could not afford it, and paid him 6d. a week to stand my barrow in the yard—when I went into the yard he struck me on the head with a stick and knocked me down; my wife came into the yard and helped me up, and went for me lively —I do not know why he struck me, only I owe him 6d.; he never said anything"—I wrote down what he said—two scythes were brought to the station, one with blood on it—later in the day Dr. Collyer came to the station—the prisoner said to him, "He struck me on the side of the head with a stick; I have a lump here," pointing to the left side of his temple—the doctor looked at it—the scythes were very rusty—the prisoner was charged by Sergeant Drayton with causing serious bodily harm—he made no reply—when I saw him he was sober, but evidently had been drinking—he was some what dazed—when he was searched he had £1 in gold, 7s. or 8s. in silver, and some bronze on him. Cross-examined. It is from half to three-quarters of a mile from the station to where he was arrested—I have seen him on several occasionb——he has never been charged, to my knowledge, with any assault before; he has with drunkenness. Re-examined. I have not got the date of that. ALBERT SOMERS ( Detective Officer ). I got the dead man's trousers, and showed them to Dr. Collyer—I did not find any stick at 1, Notts Cottageb——I went to the prisoner's premises, and was handed this whip ( Produced )—he was convicted once in 1899—I have not the date here. Cross-examined. He has been convicted of violence—he is married, and has one child alive—he carries on the business of a greengrocer and costermonger in a small way—he is a well-conducted man, except that he has been in trouble about liquor. JAMES MORLEY ( Inspector ). On March 26th I saw the prisoner at Enfield Police-station after Smith's death—I told him he would be charged with the wilful murder of Henry Smith, by striking him with a scythe—he made no reply. JAMES COLLYER , M.R.C.S. I live at Enfield—on February 25th I was called about 12.15 a.m. to Notts Cottages, where I saw Henry Smith sitting in a chair in the room, in a state of collapse, cold and shivering, and his head covered with blood—I did not examine him then, but when he got to the hospital I did—I found that both bones of the right leg were fractured, and there was a comminuted fracture of the ankle joint—the bone was broken up into small pieceb——both bones of the right arm were broken—that was a compound fracture, and bleeding from the bone pro truding—it was about half way down the arm—on the forehead I found two jagged wounds, one 2 in. long, upwards and downwards, and one smaller one, about 1/2 in. apart, bleeding freely; two at the back of the head, one about 2 1/2 in. long, right down to the bone, bleeding freely—both bones in the left leg were broken, about 3 in. below the knee; that also was a compound fracture, and a great deal of blood coming from it—the skin of the left hand was driven in, and a rib on the left side was broken—I dressed the wounds as far as I could, and later on set the bones which were broken—he was in such a state of collapse I did not think it advisable to do anything then except put sandbags to his ribb——if I had done anything he would have died—at one time he was doing fairly well, but about March 8th or 9th the wounds in his arms and legs turned out badly, and he eventually died on March 20th, exhausted—I made a post-mortem by the Coroner's order—his body was that of an unusually healthy old man, after making allowance for his age—death was undoubtedly directly caused by the injuries he received—a series of blows upon his body with the heel of the scythe would have accounted for the injurieb——very great violence must have been used, especially on the left leg—I was shown one of the scythes on February 25th—there was a little blood on the middle of the blade then—I also examined Mrs. Smith on the 25th—she had a slight injury to her left wrist—she complained very much of her back—she said she had been knocked on her back—between 3 and 4 a.m. on the 25th I went to the station and saw the prisoner in the charge room—he said he had had a blow on the left side of the head—I examined his head, and found there was no bruise or swelling; there was a slight scratch, as if it had been done with the nail; there was no bleeding—it would be impossible to inflict a blow, such as to knock him down, and yet leave the mark that I found—that was the first time I had seen him that morning—he appeared perfectly sober—he stood quite steadily, and spoke distinctly. Cross-examined. There was time for him to have got sober to a great extent before I saw him—there was no indication of a blow at all—the deceased's skin was broken by the broken bones, but they did not come through the skin—the bones of a man of 85 would be much more brittle than those of a younger man, and less easy to heal—it is just possible that the two fractures of the right leg could have been caused by a fall over a scythe, and I say the same with regard to the fracture of the ankle—the fracture to the right arm was just below the elbow—I do not think it could have been caused by a fall on a scythe—I do not think the force would be enough to break boneb——the wound on the forehead was about 1 1/2 in. deep and jagged; that might have been done by the back of a scythe; it was not clean cut as if by a sharp instrument—when I examined the deceased at his cottage about 12.30 he was not insensible, he could just speak—I cannot say that he got much better at the hospital. The Prisoner, in his defence, on oath, said that he had had a good deal to drink on this night that the deceased hit him on the head with a stick and knocked him down, that he got up, and the deceased told him to clear out, that he went up to get three scythes to clear them out of the yard, that he put them en his shoulder, that he came towards the gate, when the deceased struck him across the shoulders, and he fell down with the scythes, and one of them went through his coat, that he got up and hit Smith and knocked him down on the scythes which were on the ground, and that he did not strike him with a scythe; that he had no intention of hurting him, and was always good friends with him. DR. COLLYER ( Re-examined ). The prisoner told me he had been knocked down by that one blow; he made no reference to any second blow at all. SAMUEL DRAYTON ( Re-examined ). The prisoner did not point out any tear in his coat at the station, or make any statement in reference to it in my hearing. GUILTY .— Strongly recommended to mercy by the JURY.— DEATH . 309. SYDNEY FREDERICK ATKINS , being a director of the Automobile Association , fraudulently applying to his own use £16 17s. 6d., £22 10s., and £44 17s. MR. J. P. GRAIN and MR. PETER GRAIN Prosecuted, and MR. CHARLES MATHEWS Defended. The JURY , being unable to agree, were discharged, and the trial war postponed to next Session. 310. JOHN ED✗WIN MORRIS (33) , Stealing a post letter and postal packet, the property of Her Majesty's Postmaster General . MR. ARTHUR GILL Prosecuted, and MR. WARBURTON Defended. SARAH TINSON . I live at Pope's Grove, Twickenham—on April 9th I made up a parcel and addressed it to Mr. Tinson, New Park Cottage, Stoke-on-Trent—it contained extract of meat—I posted it at the Twicken ham Post-office between 4 and 5 p.m. EMILY KATE ALLEN . I live at Sunbury—I made up this parcel ( Pro duced ) and addressed it to Mrs. Cole, at High Wickham—I posted it at the Sunbury Post-office on April 9th, about 2 p.m. WILLIAM GEAR . I am a sorting clerk at the Twickenham Post-office—I received these two parcels on April 9th at 4.40 in the Sunbury bag—they should have been despatched to Waterloo by the 5.17 p.m. train, leaving the post-office about 5 p.m.—I placed them on the sorting board to be packed by the prisoner—about 7.5 p.m. Allistone showed me Mrs. Cole's parcel—I handed it to Mr. Harris, the chief clerk. Cross-examined. The railway station is about 10 minutes' walk—the prisoner left between 5 and 5.5 p.m.—he came back about 6.8 p.m.—about 30 postmen are employed there—no other key fits the prisoner's looker. FREDERICK ALLISTONE . I am inspector of postmen at the Twickenham. Post-office—on April 9th I went into the yard at the back of the sorting office at 5.7 p.m., after Morris had left for the station—I took a note of the time—I found Cole's parcel between the oil shed and the surplus parcel boxeb——I picked it up and gave it to Gear—I spoke to Mr. Wall's, the postmaster. Coss-examined. It was near the door, where people would see it who passed—it was on its edge—the yard was used for the barrows and boxes, and there is an oil shed—only officials use the yard. WALTER HARRIS . I am chief clerk in the Twickenham Post-office—on. April 9th Gear brought me this ( Cole's ) parcel containing cake, about 5.10—he made a statement—I went to the rear of the office where it was found, and instructed Wallis, a junior, to make a further search, and shortly afterwards he brought me this parcel ( Tinson's )—I noted the addresseb——in going from the sorting office to the station the prisoner would pass through the yard—the parcels are made up, and the hampers sealed in the office—I replaced the parcels and directed Wallis to watch—they would not be visible to anyone unless they looked for it—Wallis watched from the battery-room, which looks on to the yard—I saw the prisoner when the postmaster found the parcels in his locker—the post master asked him for the key of his locker—he said he had not got it—e went towards the kitchen, where the lockers are—the postmaster then said he would break the locker open—the prisoner produced his key from his pocket and opened the locker—I saw the same two parcels in the locker—the cover had been taken off Tinson's parcel; the string was still on, but the contents had been slipped out—I said to the postmaster, "There are the two parcels" EDWARD GORDON WALLIS . I act as sorting clerk and telegrapher at the Twickenham Post-office—shortly after 5 p.m. on April 9th, from instructions given by Harris, I searched behind the boxes in the yard behind the sorting office—I found Tinson's parcel whole behind two boxes or P✗ampers for parcels, which are used at Christmas time—from Harris's instructions I went to the battery room and kept watch about an hour—about 6.15 p.m. I saw the prisoner walking in the yard towards the room where the lockers are with these two parcelb——he was about a yard from where the p✗arcels were—I could recognise them by their being of similar size, and by the cover—I then communicated with my father and with Harrib——I saw him walk about half a-dozen yards. HARRY WALLIS . I am postmaster at Twickenham, where the prisoner was employed—on the evening of April 9th, in consequence of what I heard, I asked the prisoner for the key of his locker—he said he had not got it—I told him I should break it open in his presence at once—he thereupon produced his key and opened it—he withdrew these two parcels, and handed them to me—he said, "I did not put these here; I do not know who did"—since this matter was before the Magistrate I have examined the lockerb——there was another key that would open the prisoner's locker—there is no duplicate of the keys. Cross-examined. Thirty-two keys have been tried in that locker—on the second occasion before the Magistrate, I was asked why I had not said before that one parcel had been tampered with, and I said because I was not asked. WILLIAM CHAMBERLAIN (599, T ). The prisoner was given into my custody on April 9th—I took him to the station, where he was charged—he said nothing in answer. Cross-examined. He bears a good character. The Prisoner, in his defence, on oath, denied all knowledge of the parcels, and said there was ill-feeling between the postmaster and himself and others; that there were many postmen, and other keys might fit his locker; and that the reason he did not give up his key at once was because he had private letters there. HARRY WALLIS ( Re-examined ). In the locker there was a packet of his letters, but he said nothing about them; besides them there were articles of uniform, an old book cover, and things of no value. GUILTY .—( He had been 13 years in the Post Office, and had been cautioned for intemperance ).— Twelve Months' Hard Labour. 311. ALFRED KINNEAR and WILLIAM GALLOWAY MAT THEWS PLEADED GUILTY to two Counts of an indictment charging them with unlawfully incurring a debt and liability to Walter Baldwin and Malcolm Colquhoun Thompson .— To enter into their own Recognizances. And (312) RICHARD EAST (33) , to wilful and corrupt perjury.— [Pleaded Guilty: See original trial image.] Five Days' Imprisonment. 313. THOMAS WARREN (48) , Feloniously, without lawful excuse, receiving a certificate of the Egyptian Unified Debt , which had been stolen at Nancy, in France . MESSRS. AVORY and MUIR Prosecuted, and MR. GEOGHEGAN Defended. THOMAS ALOYSIUS HANLON . I am a clerk in the Royal Courts of Justice—I produce an affidavit in Colin v. Thomas Morgan & Co., sworn on November 25th, 1899—I was at the Police-court when the interroga tories called for were produced by the prisoner; these are they—I also produce an affidavit of documents in the same action sworn on February 14th, 1900, and signed next day; also the writ in the action, and a copy of the proceedings. WILLIAM STOLLARD . I am a commissioner for oaths, of 24, Great Marlborough Street—a person was brought to me by a solicitor in the year 1891—he acknowledged his signature, and swore that the contents of this affidavit were true—I do not recognise the prisoner. IRVINE HARLE . I am a solicitor and commissioner for oaths, of 520, Strand—this affidavit was sworn before me at my office on February 14th, 1893—the person who swore it acknowledged his signature, and said that the contents were true—I do not know the prisoner. ALFRED EDWARD THISTLETON . I am a shorthand writer, of 73, Clif ford's Inn—I took shorthand notes in Colin v. Thomas Morgan & Co., in the High Court, on January 31st and February 7th this year, when the prisoner gave evidence before Mr. Justice Bigham, and produce a transcript of them which is correct. ALFRED EDWARD EDMUNDS . I am a shorthand writer—I took short hand notes in Colin v. Thomas Morgan & Co., before Justice Bigham, on January 30th, February 9th, and February 14th—the prisoner gave evidence on January 30th and February 14th—I produce transcripts of my notes on both dateb——they are correct. MARIE EUGENIE COLIN ( Interpreted ). I am a widow, and live at Nancy—Felix Charles E. Colin is my son—he is now 17 1/2 years old—he was living with me in March last year, and left on March 12th—when he had gone I missed my cash-box, containing securities value about 60,000 francs—I gave notice of opposition next day, and they were published in the Bulletin des Oppositiones —I first saw it on March 23rd, but it had been in before—I ascertained that my son came to this country with a woman named Felicite Baillee—I came here on March 25th, and the woman was aken in custody soon afterwardb——I gave evidence against her at Bow Street, and she was taken back to be tried at Nancy—I was present—she was convicted and sentenced to six months, for receiving these bonds—among them there were six certificates of French Rentes, Nos. 870983, 885836, 727427, 927190, 927191, and 500124—there were also two Egyptian Unified Debt certificates, Nos. 103761 and 1139840, and four Belgian 4 1/2 per cent, bonds of 1897, Nos. 1558 of series B; also five Swiss Railway 3 per cent, bonds, and one Swiss Federal Loan of 1886, but the number was changed afterwards and removed to 1896; also five bonds of the Ottoman Customs Loan, 245882, 259574, 259575, 259581, and 263378; also five Russian Railway bonds of 1889, Nos. 87645, 87646, 87654, 87655, and 87656; also two Russian 3 per cent, bonds of 1896, Nos. 5688 and 5689, and two Russian 3 1/2 per cent. bonds of 1894, Nos. 120781 and 120782—after Felicite Baillee was taken back to France I commenced an action against Thomas Morgan & Co. to recover some of my bondb——Mr. Double was my solicitor first, but he died during the proceedings, and Mr. North succeeded him—I was present at the trial of the action, and some of the bonds were handed back to me in Court; they are now in my solicitor's possession. EMILIO CREVELLI . I am a waiter, and live at 400, Euston Road—on Sunday, March 19th, I was keeping an hotel at 40, Fitzroy Street, and a young man named Felix Colin came with a woman, said to be his wife, and a child, about five years old—on the following Wednesday I went with Colin to the City Bank, in Shaftesbury Avenue, and introduced him to the manager—he produced some foreign securities to be changed, but the manager declined—I then went with Colin to a money changer named Shool in Shaftesbury Avenue, and the securities were produced, but he declined to change them—we then went to Morgan & Co., of 26, Coventry Street—I had never been there before—we saw a young man and made an appointment for the next day—the prisoner was away—we went again next day and saw the prisoner—I addressed the prisoner as Mr. Morgan, and spoke English to him—Colin spoke in French, and I trans lated it—the prisoner did not speak French on that day; everything that was said between Colin and the prisoner was said through me—Colin produced a great number of securities to Warren, who picked out six French Rentes and said he would try and sell them and put them on the market, and I think he gave a receipt for them—Colin wanted £50 or £60 at once, but no money was given to him that day—I went there next day and saw Colin sign this: "Sold to Thos. Morgan & Co. two foreign bonds, the payment of which I guarantee.—F. Colin"—on March 27th I was there again with Colin and the lady I understood to be his wife, and saw him receive £50 from Warren and give this receipt ( Produced )—Colin also got three tickets for the Alhambra for the evening—we then went to a public-house almost facing—next day, the 28th, I went again with Colin to Morgan's, and he produced other securitieb——the conversation all took place through me—Warren picked out some of the securities, and Colin asked for some more money—Warren said he would give him some more when he had sold the securities, and gave Colin this docu ment ( Produced )—Colin said that there were some securities not mentioned in the document, and Warren looked at it and added some thing—no money passed on that occasion, and no price was mentioned—Colin and the lady left the hotel two or three days afterwards, and gave me their addresb——I went to 26, Coventry Street, with this letter from Colin to get some money—it is dated March 29th—I only got £15; but I went again on another day, and got a further sum of £5—the receipt was written the next day—I gave a receipt for all the money I received—the prisoner was called upon at Bow Street to produce the receipt, and that is the only one I received—I also received £10 or £15—Colin was then living in lodgings in Euston Road—I told him something at the end of March or the beginning of April, and he thereupon left London and wrote to me, and gave me his address at Southampton, in consequence of which I went to 25, Coventry Street, and asked for more money for him, but got none—I got information from a young, man, and telegraphed to Colin—I never got any more money for him, and never saw Warren again till shortly before the action in the High Court—I saw Colin's arrest in the paper—the woman was arrested too. Cross-examined. Colin looked about 23 or 24, and stood 6ft. high—he told me that his father died without a will, and he had come into a lot of property, and that led up to his showing me the foreign securitieb——I bank at the City Bank—I was so satisfied with the truth of his story that I took him there, and he told the prisoner the same story that he had told me; that his father died intestate, and he wanted to raise money on the bonds for the purpose of travelling—the prisoner said, "Are these bonds your absolute property?" and Colin said, "Yes"—he said to Colin, "Your father left you a lot of securities?"—he said, "Yes, I have more than these," and took out a book and entered the numbers and descriptions of those he handed to Warren, and called Warren's attention to the fact that one bond was omitted—the French lady did not go with us when we had the wine, but I think she was in Morgan's place when we were there—she was about 27 years of age—it was a wine bar of an hotel—altogether I have received from Warren about £35—besides these receipts for £15 and £5, I think I received another £10, and gave a receipt for it; out of that he paid my hotel bill—Inspector Sexton and I had a conversation, and I went and told Colin, and he disappeared—I never saw him again till I saw him at Bow Street—I think Colin went to Morgan's more than once with me—these people had two or three Gladstone bags with them. Re-examined. When we were in the public-house Warren said, "You get him to leave the other securities with me, and I will give you a com mission"—I said nothing to that—Colin heard it, but he cannot speak a word of English—Morgan took me inside and said that to me. JACQUES VICTOR M. J. REBBECQ ( Interpreted ). I am a' broker, of 12, Rue Ducatre, Parib——among my correspondents were Thomas Morgan & Co., of Coventry Street, London—I received this letter in French from them, enclosing six French Rentes, and giving the numbers of them, which correspond with the numbers of the bonds in my hand—( The letter requested the witness to negotiate the bonds on Saturday, as the client wished to make some payments at once. )—I sold the bonds on Saturday, March 25th, for about £210 English money, and remitted the proceeds the same day—this ( Produced ) is the acknowledgment of my letter—on March 28th I received this letter—( Inquiring whether the witness could negotiate some Russian and Swiss bonds. )—French Government Rentes are not the subject of opposition at all—I replied by this letter—( This stated that even when no opposition appeared, as the bonds might be in the possession of third parties, 10 days must elapse first. )—it depends upon whether the verification is anterior or posterior to the opposition—after we see the bulletin of opposition we are not responsible—I then received this telegram: "Is it possible to negotiate bonds. Reply; write us fully"—I replied by letter, and then received this letter of April 8th—( From Morgan & Co.: "The opposition appeared in the Opposition Journal of March 19th, but we bought the bonds several days before that; are they negotiable in Belgium and Switzerland?")—I answered that on April 11th—there has been a transfer since, but I do not know to what it referb——I think they were negotiated afterwards, but there were many formalities, which occupied about two monthb——I received a letter en April 24th, containing two Russian bonds and six Russian couponb——I negotiated them on the Bourse—they might have been the subject of opposition, but they were not actually so; there was no oppo sition published in the paperb——I then received this letter, containing two Russian coupons, 3 1/2 fr., and then this letter, enclosing the coupons of some Belgian Government bondb——I sold them, and placed the money to Mr. Morgan's credit—when the obligation of bonds is opposed the coupons are opposed also, even when they are due—the Bulletin des Oppositiones contains the numbers of any bonds stolen or lost, or which have disappeared—it is published by a private syndicate, authorised by the law. Cross-examined. Supposing you owe me money, and I know that certain bonds have come into your possession, I could put in an opposi tion to prevent the creditors dealing with them—there is no indication in the paper itself to show that the securities therein contained are stolen or lost, but it is necessary to inform the syndicate whether they are stolen or lost; the paper would show that there was some opposition to the title—we cannot recognise anything but the numbers. Re-examined. If any person unlawfully puts into the Bulletin any thing which ought not to be there he is liable to an action for damageb——any person to whom bonds are presented can ascertain the cause of the opposition by applying at the office of the paper—the editor is appointed by the council of the syndicate. MAX HIRSCHBERG . I am chief clerk in the correspondence department of the Breslau Bank—Morgan & Co., of London, were among their corres pondents—I produce a letter from them of April 25th, enclosing three bonds, and requesting us to remit the proceeds in German money—on May 3rd we received a telegram: "Please negotiate these bonds to-day at best price obtainable. MORGAN "—we afterwards sent this letter, dated May 3rd—( Stating that they had sold the bonds for 4,000fr., and that the account would follow. )—on May 4th we wrote, enclosing a cheque for £124; the total was about £129—( Correspondence between the witness and Morgan & Co. was put in respecting the sale of Egyptian Unified bonds 1037661 and 1139840, also of Ottoman bonds, Russian Consols, and Swiss Federal bonds. )—the Swiss Railway bonds were the subject of opposition, and an action has been brought against us which is still pending—the Egyptian Unified are not the subject of opposition, but we have not been asked to take them back—we did not discover that they were in the list till the last few dayb——I have been here all the time—I have got the list—official documents are not mentioned—the document I mentioned is an official document—we have been corresponding with Morgan & Co. since 1897—when we get securities irom a regular corres pondent we examine them with the list in the same careful way—they were not in the list then—there is a special clerk whose business it is to do that. Cross-examined. Ours is a bank; our head office is in Breslau, and we have correspondents in every city in Europe—we have four or five in Paris in connection with banking businesb——we received from the prisoner Russian bonds of three different descriptions, 100 Ottomans, and two Egyptian Unified—we never received from our Paris correspondents any announcement that the Egyptian Unified were protested—they art men tioned in this paper—these Swiss Railway bonds are the property of the State—I discovered on June 9th that they were under opposition—the Breslau police would get the numbers, and we receive from them every day a list of stolen securities as soon as they get the numbers, warning us not to deal with them—we call that the official list—we received notification of these bonds from the police, and of the Russian bonds also, about 10 days after they came into our possession—we attempted to sell them before we knew they were stolen, and the same with the Ottomanb——we never received any instruction that the Egyptians were stolen till I came here—we have dealt with this firm five years, and never had any trouble with bonds before—I think we sold the Egyptians in Germany; I am not sure. CORNELIUS SEXTON ( Police Inspector ). On April 11th, 1899, I arrested Felicite Baillee in Southampton; Felix Colin was with her—I took them both to London, to Bow Street—I took from Colin, at Southampton, 39 bonds, value £1,400—they were handed to his mother at Bow Street—after I found the bonds, Colin handed me this receipt, which he took from his pocket, and said, "This is what you want"—I went to Morgan's office next morning, told him who I was, and produced this receipt, and told him I had at Bow Street a young man named Felix Colin for stealing bonds, and that he had better not part with them—he said, "I did not know they were stolen; I bought them over the counter in the ordinary way of business, and you can do as you like"—I then left—I had not seen the mother, and had no authority to take him in custody—I did not know Colin had stolen the property—on March 23rd Inspector Harle and I met the prisoner in the street and suggested that he should return to 26, Coventry Street, where I would read the warrant to him—we did so—I produced it and read it—it charged him with feloniously receiving and dealing—he replied, "If it is so, it is so; I dare say it will be answered all right"—I took him to Bow Street, where he was charged—he made no answer—I returned to 26, Coventry Street, where I found, among many documents, this book of counterfoils ( Produced, ) some hundreds of copies of the Bulletin Official, with dates corresponding with 224 a —two were endorsed, and the other exhibits mentioned in this list produced; not the whole of the bonds mentioned, but those addressed to Mr. Morgan—on April 21st I served a copy of this notice to produce on the prisoner at H.M Prison, Holloway. Cross-examined. I have no note of the conversation on April 13th 1899—the woman was brought up under extradition—Morgan was not subpcenaed, although I showed him the receipt—just prior to the trial before Mr. Justice Bigham I was subpoenaed by the plaintiff—that was about January, 1900—I went to Coventry Street at 10.10 or 10.15 a.m.—I went to the office—I was in charge all night—Oscar Warren, a young clerk, and Morgan were there. Re-examined. The delay is accounted for by the proceedings in the High Court, and I had no grounds to arrest him—documents were impounded on the second hearing, about February 14th. EDWARD CLARKE . I am one of the firm of Noon & Clarke, solicitors, of 31, Great St. Helen'b——on September 28th, 1892, the prisoner came to me and wanted me to advance Morgan & Co. £50 for a few days, as they had a pressing need, and that he would deposit two bonds, taking them out of his pocket—I believe these are them (120781 and 120782)—he said that he had taken them in the way of businesb——he took off the coupons which were just due, and said, "I am going to detach these"—I gave him this cheque for £40 ( Produced, ) and he gave me a bill, which ultimately was handed back to him, and he paid £20 on account—I cashed two of the couponb——he paid off £20 on, I think, the 29th—some proceedings were taken by my solicitor on behalf of my clerk—he actually owed £21 and the costs of the action—he gave a fresh bill—some time before January 29th I handed these bills to my stockbroker to be turned into money—I got this letter ( Produced, ) and on January 31st I wrote to Warren—( This letter stated that, to far as the broker knew, the bonds were stolen bonds, and asking for an explanation, or the matter would be put into the hands of the police the next morning. )—I had not observed the newspaper reports that morning in Colin's case—I then received this letter from Warren: "Will see you to-morrow in reference to your letter, which I cannot understand"—I showed him my broker's letter, and he said that it was a mistake, that the bonds were perfectly correct; he had taken them in the ordinary way of business, and would see the stock-broker—I said, "I do not care about that; you must take them up at once"—he said, "If I bring you Miss Marwick's cheque will you hand me over the bonds?"—I said, "Yes"—I then got this note in pencil: "My son will see you"—the son called on me in the morning, and I handed him the two bonds, and got this receipt, signed "O. Warren"—this ( Produced ) is a post-dated cheque of Mary Marwick; it has never been met. Cross-examined by MR. GEOGHEGAN . My clerk advanced the money on September 28th, and I instructed my stockbroker next day to make careful inquirieb——he said that it was quite correct, and the first time I heard that it was suspected that there was anything wrong was towards the end of January, 1900—I said at the Police-court, "The transactions I have had with the prisoner prior to this were perfectly satisfactory; when he called on January 21st he said that the bonds were quite straight, and he would see my stockbroker about it." Cross-examined. I sent a clerk to my stockbroker; I did not go myself—the real question was whether they were negotiable—the clerk's name is Clark—he is not here—he is no relation of mine—he asked whether they were forgeries or not, but I was not present to say whether that was the only question he asked—they are the same brokers who wrote the letter stating that they were of too suspicious a character for them to have anything to do with them. ARTHUR EDWARD MAHER . I am clerk to Radnell & Co, stockbrokers, of 2, Copthall Court—these two Russian bonds were brought to me in January by somebody from Messrs. Noon & Clark, who asked what the price was in the market, and I marked it on one of the bonds, 92—this is it; it is my writing—on January 30th they were brought to me to be sold—I made inquiries, and wrote the letter of January 31st, returning them and stating that they were of too suspicious a character—I examined the Bulletin Officiel, and found the numbers of the bonds there—stock brokers are in the habit of consulting the Bulletin when such bonds are brought them, and if they are found there that would be a bad delivery. LOUIS CHARLES BEAUCHAMP . I am a member of the Stock Exchange, at 2, Copthall Buildingb——I have valued the securities in the action—the six French Rentes of March 7th, 1899, are worth £242; the two Egyptian Unified, £211; the five Ottomans, £500; the Belgian bonds, £23; the five Russian Railway 4 per cent, bonds, £102 18s.; the two Russian 3 per cent, bonds, £36; the five Swiss Railway 3 per cent, bonds, £209; and the Swiss Federal bond, £39—when foreign bonds are presented to members of the Stock Exchange, the custom is to examine the Bulletin to see whether they are stock bonds; and if they are, we cannot deal with them—when they get to their country of origin they may be stopped. Cross-examined. There is no market in London for the Federal bonds or for the Russian, or for the Belgians; there is for the Ottomans, a limited one. Re-examined. There is 1/2 or 1/4 difference in the price of Egyptian Unified in London and Berlin—Paris is better than London; there is a closer market—it may be to your advantage to send them to Berlin, or to your disadvantage; the amount would not be more than 20s. or 30s.—you have also to remit to London, and the exchange would have to be debited. LEONARD ALFRED LOUVAINE NORTH . I am a solicitor, of 31, Birkbeck Bank Chamberb——I was solicitor for the plaintiff in the action against Colin after the death of Mr. Double—I was instructed, on December 15th, 1899, and soon afterwards I applied to the defendant's solicitors to produce the bonds mentioned as being in their possession—they were not produced—I then applied in Chambers to have them brought into Court for safe custody—the defendant appeared and opposed that, and they were not brought into Court—the action came on before Justice Bigham on January 19th, 1900—Counsel for the plaintiff opened the case, and in the course of the opening an arrangement was come to, and the defendants consented to judgment, ordering them to hand over the bonds and pay the value of the other bonds and £85 which had been paid to Felix Colin, but the two Russian bonds were excluded; we did not know where they were; they were never admitted to have been in his possession—the bonds mentioned in paragraph 9 were handed to me in Court, with the exception of the two Ottoman bonds; he handed them to his Counsel himself, and I received them from the Counsel—the other Ottoman bond was handed to me at a later date—I was by no means satisfied that the bonds not in his possession were irrecoverable, and Warren was put into the witness-box and sworn, and cross-examined by Mr. Williamb——the case was adjourned to enable me to go to the prisoner's office and see the books; he had, up to that time, refused to let me see them—Counsel made the appointment in Court—I went there, and asked him to produce his books and documentb——he said he did not keep any, but he produced four letters, which were afterwards included in the impounded documents—the hearing was resumed on January 7th, and adjourned again for the defendant to pay the agreed due balance—on February 2nd I got a com munication with reference to the two 3 1/2 per cent. Russian bondb——I com municated with the prisoner by letter, and while my clerk was out with the letter I was called by the telephone, and recognised the prisoner's voice; he wanted to enter into an arrangement; but I declined, and said, "I give you notice that if you do not bring over to me at once the two Russian bonds Messrs. Noon & Clark handed to you this morning, I shall apply to the Judge"—he said, "Yes; I am coming round to-morrow morning"—up to that time he had denied in his answers to interrogatories, that he had them—I first knew that he had them through the stockbrokerb——next morning, February 3rd, the prisoner and his solicitor called and handed me the two Russian bonds, and also one Ottoman—he offered no explanation about having them—they are the same bonds referred to in his interrogatories—on the morning of February 7th he and his solicitor called again, and handed me £80 in cash and a certificate of French Rentes in the name of Mme. Colin, with the figures "260" placed on it—the hearing of the case in Court was resumed that day, and the Judge was informed, in the prisoner's hearing, that the bonds mentioned at the last hearing had not been produced—the hearing was adjourned, and the Judge directed me to go with the prisoner to his office, and directed him to hand over the books to me, and bring them to the Court, and after some considerable difficulty I got them—the Judge directed me to keep them till further orders—on February 14th I produced them in Court, and they were impounded together with some other books produced by the prisoner which I had not succeeded in getting on the 7th, two letter-books, one ledger, and three day-books ( Produced )—the prisoner's son produced a day-book on February 14th, and that was impounded also—in the letter-book on April 10th, 1899, there is a copy of a letter to Lombard & Co., of Geneva ( This stated that bonds were enclosed, and asked for their return in cash ), and on April 12th there is a telegram from the same to the same, "Are bonds sold? Reply, price"—here is a letter of April 11th: "We beg to acknowledge your telegram, and await your remittance; further, we enclose you four bonds, which please negotiate forthwith"—( Other letters between the prisoner and Messrs. Lombard were read, enclosing bonds for sale, and asking for remittances ) —Mr. Justice Bigham asked the prisoner what he had done with the Belgian bond, whether he could trace it in the books—he said, "No"—the Judge offered him a chair to support his books, but he said that it was of no use—when I got the books I traced it, and spoke to the prisoner about it through the telephone, and declined to have any discussion till he handed over the bond—I put it to him again, and he said, "Oh, yes, I will look for the bond at once"—that was on February 7th, after the hearing, I think—on Friday, February 9th, fresh Counsel appeared, and he was asked to make an affidavit of documents and deliver it to me on the Monday—I got it on the 14th, and the Belgian bond was included in the documents in his possession—among the documents impounded were the original documents coming from the Breslau Bank—they were not found in his possession—the hear ing concluded on February 14th, and formal judgment was given on March 29th for £542 and costs, not a penny of which has been paid—I have examined the ledger account of Felix Colin, and compared it with the correspondence and with the day-book—I found that £207 17s. 6d. was received for the French Rentes, and only £151 15s. 6d. is credited, the deficiency being £56—the six Swiss bonds are credited at £60 14s. 4d., as against £78 14s. actually received; the deficiency is about £18—there is a deficiency on the Swiss bonds of £40—the two Egyptians realised £211 10s. 6d., and he has only credited £182 1s. 6d., the deficiency being over £21—the total deficiency is £143 against Colin—the prisoner kept two day-books; one shows the actual amount received, and the other the leaser amounts, so that if any person asked to see the account it would appear to be correct if he did not find the second day-book—I checked these accounts, and found them to be the true amounts—the prisoner himself produced Exhibit 67 before the Judge in Court, also Mr. Double's letter of May 16th, after the Judge called for it—( This stated: "I am instructed by Madame Colin to ask you to hand over to me all the documents; unless they are handed to me to-morrow I shall proceed against you")—I got this letter from the executors of Mr. Double; it was put to the prisoner in Court, and he said that it was his signature: "We beg to say we have no knowledge of Madame Colin. We bought certain securities from Mr. Colin, etc, but the gentleman who attends to that matter is away for the Whitsun holidays, so must ask you to leave the matter to the end of next week"—the defence was delivered on August 12th, 1899—I do not think be ever had the Austrian bonds—paragraph 5 says that he never had the 2 1/2 Russian bonds, but we recovered them from him through Messrs. Noon & Clark—the 8th paragraph says that the defendant purchased the French Rentes, the Belgian bonds, the Egyptian Unified, and the Swiss Federal for £473 14s., and they still hold £388 14s. to his order, and then they say that the remainder were deposited with the defendant for sale, and are still in his hands, and they seek to charge the plaintiff with the expenses of the sale. Cross examined. I believe if the husband dies without a will the son is entitled to half the estate—I do not know whether M. Colin died intestate. MADAME COLIN ( Re-examined ). My husband left no will—my son is taller than I am, but I do not know his height—he does not look older than 18, in my opinion. THOMAS HENRY GUERRIN . I am an expert in handwriting, of 59, Holborn Viaduct—I was at Bow Street on April 9th, when M. Rebbecq gave evidence—I copied a letter from his letter-book and translated it—I have also translated Exhibits 22 and 25 to 32; they are correct, and also the letters contained in Exhibit 66. ARTHUR HARE ( Chief Inspector ). I was present in this Court on April 8th, 1896, when the prisoner was convicted, in the name of Oscar Warren, of obtaining a valuable security by false pretences; he was sentenced on May 18th to six months' hard labour—I produce the cer tificate—the prisoner is the man. Cross-examined. The indictment also charged him with unlawfully obtaining credit without stating that he was an undischarged bankrupt—sentence was postponed for him to make restitution, which he did to the extent of £600—the Recorder described him as a very clever journeyman in the art of fraud. CORNELIUS SEXTON ( Re-examined ). I arrested young Colin at Southampton; he is fully 6ft. high, and he looks fully 24 years of age; he has a full-grown moustache. The Prisoner, in his defence, stated, on oath, that he bought the bonds in good faith in the ordinary way of business; that Colin stated that his father was dead, and had left him a considerable amount of property, and he was going to travel, and that he had litigation with his sister; that there was nothing about him which excited surprise, and he conducted himself in a businesslike way; that his son called his attention to the journal in which some of the bonds appeared to be in opposition, but he thought that was through here being a dispute with his sister, and had not the slightest idea that they were improperly come by, and that of the had had the slightest idea that they were stolen he should not have written to Rebbecq to know what he should do with them. GUILTY .— He then PLEADED GUILTY to a previous conviction of obtaining money by false pretences in 1896. Inspector Hare stated that the prisoner had been under police observation for six years, and that during the last three years complaints had been made against him of not accounting for bonds deposited with him to the amount of £2, 748.— Five Years' Penal Servitude. 314. JAMES GRIFFITHS (43) , For the manslaughter of Daniel Regan . MESSRS. AVORY and STEPHENSON Prosecuted, and MR. WATT Defended. JAMES KEYSER . I am a casemaker, of 6, Goss Street, Poplar—on March 19th, about 8.30, I was in the King's Arum, Com mercial Road—I saw the prisoner there when I went in—he had a friend named Lambert with him, also Mr. Donovan. the landlord, Mrs. Regan and her husband the deceased, Mrs. Pratt, and a Mr. Williams—they were all in the saloon bar—I was in the other bar—I could see part of what went on—there was an altercation going on between the prisoner and the others—the deceased did not take any part in it—the prisoner came into the bar where I was—I knew the deceased by sight—he left before the prisoner came into my bar—aftar the prisoner came in the deceased followed—he came in in a threatening manner, raining his hands—I imagine he said something, but I did not hear it—I was not paying much attention to them—the prisoner turned round and stabbed him with his umbrella in the face; he fell down and utterly collapsed—I noticed blood on the floor directly afterwards—I did not see any on his cheek, because it was turned towards the floor—he had not struck any blow when he raised his hands; he had not anything in them—I took my wife out then—I do not know if the prisoner struck the deceased a second time—he made a thrust at him, it was almost simultaneous—the prisoner is bigger than the deceased—I should say they both had had a glass more than was good for them—I went back into the bar—the deceased was still in an unconscious state—I did not see the prisoner leave. Cross-examined. I was in the inner saloon bar when all this happened, sitting on the settee—when the deceased came into the bar the prisoner was standing up with his back to the deceased; he had the umbrella in his hand; to the best of my memory, he was resting on it—the deceased did not have his hands clenched—I think the prisoner stabbed him on purpose—I think he tried to avoid a quarrel. HARRY WOODLEY (343 H ) produced and proved the plant of the King's Arms, Commercial Rood. WILLIAM GEORGE WILLIAMS . I am a commercial traveller—the deceased was a friend of mine—he was a provision merchant—on March 19th, about 1 p.m., I called for him at his shop, and we went to the Cape of Good Hope public-house, where we had two lemonades and a dash of hitter, after which we went to a coffee shop and had some dinner—about 7.45 we went to the King's Arms—the deceased was then not sober, and he was not drunk—we went into the saloon bar, where we saw the prisoner and a man I now know as Lambert, and Donovan, the landlord—I did not know the prisoner; I was introduced to him, and I introduced the deceased to him—drink was called for by Donovan, and also by the deceased—there was a discussion as to who should pay for it; we all wanted to pay—I think in the end I paid for it—I handed one to the prisoner—he refused it and said, "I don't want to drink with you," and I threw it into the spittoon—I then went upstairs to the lavatory—about tea minutes after wards I heard a scream—I came down, and saw the deceased lying on a seat, being held by his sister—I saw a wound on his left cheek—I did not see the prisoner or his friend—the deceased did not say anything—next day I took him to the London Hospital with Mrs. Regan, whom I knew—he was seen by a doctor—a bandage and fomentation was put on his face—the doctor did not examine anything except his face—he was to come back the next day, but he was too ill—he was unconscious, and he died on the 23rd—I did not know that any part of an umbrella was in his head. Cross-examined. The prisoner did not offer to pay for the drink; he said he did not wish to have a drink. ELIZA REGAN . I live at 9, St. Ann's Street, Limehouse—the deceased was my husband; he was a provision dealer, and 35 years old—on March 19th he went out with Mr. Williams about 1 o'clock—I expected him back, and as he did not come, at 4 o'clock I went to look for him, with my sister-in-law, Ellen Pratt—about 8.30 we went to the King's Arms; my sister-in-law went in, and came back and spoke to me; we then both went in, and I saw my husband, Mrs. Williams, Mr. Donovan, the prisoner, and Lambert—my husband asked us what we would have; we said a small lemon each and a drop of brandy in it—the men argued among themselves; I do not know what about—the prisoner had an umbrella in his hand—my husband put some money down on the counter, and the prisoner swept it off with his umbrella, and said, in rather an angry way, that he did not require his drink—my husband said, "You have insulted me"—I think he put his hand on the prisoner's shoulder and said, "I think I know who you are; you are Patsy Griffiths"—then he said, "Mind your umbrella," because the prisoner was swerving it too and fro; the point was on the ground, I believe—it looked a very good one—the handle looked thick—it had a gold band on it—the prisoner looked at it and said, "If you had the gold that that contains you would forget yourself"—Mr. Donovan said to the prisoner, "You leave my house; you have insulted a friend and a customer"—I do not remember if my husband said that he wished to speak to the prisoner outside, but they both went out, and also Lambert—I went out, and my sister-in-law—the prisoner and Lambert walked by themselves to the corner of the road—my husband was nearly level with them—the prisoner and his friend went into the public-house, and my husband followed—I went in, too—I was a very little distance behind them, but the curtain hid my husband from view—when I got in I saw my husband falling—he nearly fell on me—the prisoner tried to rush out—I believe he had the same umbrella in his hand—I caught hold of him, and said he had given my husband his death-blow—he swung me away from him, and rushed through the door into the street—Mrs. Donovan, the landlord's wife, went after him—my husband was picked up and placed on a seat—his cheek was bleeding, and his face ashen white—shortly afterwards Mrs. Donovan came back—her bodice was covered with mud—I took my husband home in a cab, and Dr. Welsh came to see him, and put some ice bags to his head—on March 20th I took him to the London Hospital with Mr. Williams—they told him, after seeing him there, to come next day—I took him home, and he got worse—he was unconscious most of the time—he died on March 23rd at 12.10 a.m.—I had never seen the prisoner before—my husband was a very sober man—he could not walk to the hospital—he was paralysed in his limbs. By the JURY . I did not see the actual blow. Cross-examined. The money my husband put on the counter was a very small sum; only some coppers—the landlord did not turn the whole party out—he did not turn my husband out—there was no reason for him to go out, unless it was to speak to the prisoner—they walked out of the house nearly together—my husband only walked into the public-house—I did not see the landlord try to prevent him from going into the inner saloon bar—I did not see him throw the landlord to the ground—the doctor advised that my husband should go to the hospital as an in patient—my husband sometimes took a little too much, but very seldom. ELLEN PRATT . I am the wife of Edward Pratt, and sister to the sceased—I was at Mrs. Regan's house about 1 o'clock on March 19th—I remember the deceased going out—about 4 o'clock I went to look for him with Mrs. Regan, and about eight o'clock we found him in the King's Arms with the landlord and Mr. Williams, and a man named Lambert and the prisoner—some drink was called for by the deceased for us—there was a discussion between the men; I do not know what it was about—my brother asked the prisoner to have a glass of beer, and put some money down on the counter—the prisoner swept it off with his umbrella, and said he did not want to drink—I picked the money up—Mr. Donovan said to the prisoner that he had insulted a customer of his, and that he was to get outside—Mr. Williams had gone upstairs—my brother told the prisoner that it was an insult, and told him to come outside—the prisoner and Lambert went out, and my brother followed—Mrs. Regan and myself followed—the prisoner and Lambert went to the corner of the street—my brother got close to them, but did not speak to them, and they turned back into the public-house, and my brother behind them—we followed them—we were going in, but a man frightened me, and I could not go in—I stood screaming—I saw my brother being brought from the inner bar in a state of collapse—the prisoner passed me with the umbrella in his hand—it had a horn handle and two bands of gold—I did not notice anything about it—the prisonerwent out at the door, and Mrs. Donovan followed him—my brother was a quiet man—he had a glass of beer now and again—he was a tall man, but not very stout. Cross-examined. He was an active man, and a strong one—I saw Mr. Williams pour a glass of bitter into the spittoon—the landlord only turned the prisoner out—my brother went out to ask the prisoner for an expla nation as to why he threw the money off the counter—my brother was catching the prisoner and his friend up, and when they turned round they passed him—I did not see the landlord try and prevent my brother from getting into the bar; if he had tried to prevent him I should have seen it—he only walked in—I did not see the landlord struggle with my brother, or see my brother throw the landlord to the ground. Re-examined. While my brother was following the prisoner outside he did not touch him. SARAH ANN KEYSER . I am the wife of James Keyser, who has been called—I was with him on March 19th in the King's Arms—coming from the saloon bar, I passed some people who were quarrelling—the prisoner was one of them and the deceased another—I went into the inner bar and sat down—I saw that the prisoner had an umbrella in his hand—I did not see Regan leave the house—I saw them talking then—they seemed to make friends—I had not seen them have bets—I saw the prisoner and his friend come into the saloon bar, and then all of a sudden the deceased came running in in an excited state, and made use of something I did not hear—his hands were up, but I cannot say what he wan going to do—he had nothing in his hands—I cannot say if his fists were clenched—the prisoner was not facing him when he came in, but he turned round and struck him with the umbrella in the face—I cannot nay if there was more than one blow, because I came over faint—I cannot say what happened to the prisoner. Cross-examined. The prisoner raised the umbrella—I think he did strike the deceased—I do not think the deceased was benning forward. Re-examined. It did not appear to be an accident. JAMES ATHERTON . I am an engineer, and went into the King's Arms public-house on March 19th, about 9.30, into the back saloon bar—as I passed through the front bar I saw some men there having an argument—I was in the back saloon bar about five minutes—I went out to meet my wife, and as I was coming back with her I met the prisoner and Lambert, with Mrs. Donovan after them—I caught hold of the prisoner—he had an umbrella in his hand—I did not notice anything peculiar about it—he was holding it by the centre, with the handle up—he pushed the centre of it into my face, and I let go of him—three men, whom I do not recog nise, struck the prisoner—some policemen came up—I did not speak to the prisoner—he got away. Cross-examined. He did not strike me, he struck at me. JOHN DONOVAN . I keep the King's Arms—I remember the prisoner and Lambert coming in on March 19th, about 7.30—then Williams and Regan came in, and afterwards Mrs. Regan and Mrs. Pratt—Regan called for drink for the company—that was before Mrs. Regan and Mrs. Pratt came—Williams upset the prisoner's glass—Regan put his hand into his pocket, and put 2d. down for another glass for the prisoner, who said, "No, I will not drink with you," and he swept the 2d. off the counter on to the floor—the prisoner had an umbrella in his hand—I ordered them into the street, and they all went—then the prisoner came back with Lambert, and went into the inner saloon—then Regan came in—I met him at the door which led to the street—he was making a rush—I intercepted him. but he overpowered me, and I was thrown down on the floor—I did not see what happened in the inner bar—I saw Regan fall, but I did not see what knocked him down—the prisoner was standing close by, holding the umbrella in his hand—Regan was bleeding slightly from the left side of his nostril—I did not see the prisoner go out—I knew Regan before—I knew the prisoner by sight, but not to speak to. Cross-examined. I turned all the parties out—the prisoner seemed anxious to avoid a quarrel—when the deceased threw me to the ground it blackened my shoulder—before I had time to get up the whole thing was over—then I went and helped the deceased. Re-examined. I cannot say that any of the men were drunk. By the JURY . The deceased was bigger than the prisoner. CLARA DONOVAN . I am the wife of the last witness—on the evening of March 19th I saw the prisoner, Lambert, the deceased, Williams, and Pratt together in the saloon bar—the deceased called for a glass of bitter for the prisoner—it was not served—I did not hear what was said when the money was swept off the counter—I heard the deceased say, "That is an insult to me, and I have a good mind to make you pay for it"—I did not see the blow struck with the umbrella, but after the deceased fell the prisoner walked out—I followed him, and caught him up in the middle of the Commercial Road—I cannot swear that he had an umbrella in his hand then—I went after him to give him in charge, because I knew they had had a quarrel, and I had seen the deceased fall—I said to him, "You have hurt Regan, and I will give you in charge"—he turned round and knocked me in the mud—it was not a very hard blow—I got up and followed him till I met a policeman—I said I would give him in charge for throwing me over; I was so confused—the policeman said I had better take out a summons—I think I mentioned what had happened in the public-house, but I was excited. Cross-examined. I went out with the intention of stopping the pri soner—there were a number of people round him, striking at him—he was there when the policeman came. WILLIAM TAYLOR (445 H ). On March 19th, about 9.30 p.m., I saw a crowd in Commercial Road—I saw the prisoner and Lambert—I said to the prisoner, "What is the matter?"—he said, "All these men are fight ing me and my friend; I will fight them all, one at a time"—Mrs. Donovan said, "I will charge that man," pointing to the prisoner—I said, "What with?"—she said, "For pushing me down"—I said, "You don't look much hurt"—she said, "No"—I said, "You can have his name and address, and apply to a Magistrate for a summons"—I said to the prisoner, "What is your name?"—he said, "Albert Lambert"—I said, "Where do you live?"—he said, "75, Cripp Street; Poplar"—I then let him go, and went to the King's Arms to see Mrs. Donovan, to give her the name and address—I did not hear then of a man having been injured—a sergeant inquired at 75, Cripp Street, and found it was false—I did not notice anything in the prisoner's hand—he had no hat on—Lambert was there—I did not notice anything in his hand. Cross-examined. I did not see any man strike the prisoner—I am sure it was not Lambert who gave the address—the prisoner made no attempt to get away from me—Lambert was quite close—I do not know if he could hear what the prisoner said—I do not know if it is Lambert's address which the prisoner gave—I told Mrs. Donovan that I did not think she was much hurt—I did not think it was a case for me to take the man up—I did not go into the public-house—I waited outside 10 or 15 minutes—the prisoner was sober. CHARLES WELSH, L.S.A . On March 19th, at 11.30 p.m., I saw the deceased at St. Ann's Street—he was conscious, and suffering from a lacerated wound on his left cheek about 1/2 in. long, close to the nostril—his wife made a statement to me—I dressed the wound—I found the bone of the upper jaw fractured—I probed the wound—it extended as far as the bone—he was in an excitable condition—I did not find any foreign substance—I advised his removal to the hospital—on March 20th I visited him at his house—he was rather better in the morning—I did not see the slightest sign of brain injury—he went to the hospital again that day—he came back, and I saw him again in the evening—he was much the same then, only his temperature was slightly raised—on the 21st his temperature was normal—on the 22nd I found indications of brain trouble—between 11 and 12 the same morning he was seen by Dr. Grant and myself; he was then unconscious—the wound was probed by Dr. Grant—no foreign substance was found—I saw him again that night, and he died next day—I made a post-mortem with Dr. Smith and Dr. Grant—externally the wound was as I have described it, but we found the end of an umbrella stick embedded in the skull—this is it ( Produced; ) it is 4 1/2 in. long, and made of some kind of metal—it was embedded in a slightly inward and almost directly backward direc tion—it was flush with the bone—1 in. of it had penetrated the brain—it had stopped just through the broken bone—this circular, cup-shaped piece was also embedded in the bone—none of it was visible from the outside—the cause of death was the presence of the foreign body in the brain, and there was an abscess in the brain—the deceased did not give me any account of the accident; he was in a condition to do so—his wife made a statement as to the cause of the accident—the amount of force used must have been very considerable—I had difficulty in getting it out of the bone—I had to tap it from behind, it was so firmly fixed—it was quite a hopeless case from the beginning—there was nothing to suggest that this injury to the brain was there—I carefully examined him for brain symptoms. Cross-examined. I examined him more carefully in consequence of the history that was given me of the case; the symptoms seemed more severe than one would expect from the injury—I examined the inside of the mouth, but found nothing; I detected no wound to the bone; the umbrella stick went through the upper jawbone, and the sphenoid bone; that would be considerably above the teeth; it also went through the antrum, which is an exceedingly thin plate of bone—the basillary process was penetrated; that lies a little higher in the skull than the greater part of the sphenoid bone—I have been in surgical practice about two years—I obtained my qualification last October twelve months—I was never called to a case of injury to the base of the skull before or since—I have seen cases in hospital. FREDERICK JOHN SMITH . I live at 138, Harley Street, and am lecturer at the London Hospital—I have had very considerable experience in these cases—I assisted Dr. Welsh and Dr. Grant at the post-mortem —I found only a small wound on the cheek; inside we found this piece of umbrella; there was considerable difficulty in getting it out—the force which had been used must have been considerable. Cross-examined. The man's head must havebeen about level to the prisoner—if the prisoner had been resting on the umbrella, and then someone came hastily towards him and brought the umbrella up, that would not account for the injuries—the hand holding the weapon must have been very firmly held. HENRY RICHARDSON ( Police Sergeant ). On March 23rd I went to the Clarence Hotel, Aldersgate Street, and saw the prisoner—I was with another officer—I said, "We are police-officers; is your name Griffiths?"—he said, "No; my name is Smith"—I said, "Where do you live?"—I he replied, "Over at Newington"—I said, "I advise you to be very care ful; I believe your name to be Griffiths, and shall arrest you for causing the death of Daniel Regan by stabbing him in the face with an umbrella at the King's Arms public-house, Commercial Road, on Monday night last—he said, "Oh, you mean that row; that in right; my name is Griffiths; there was about a dozen of them set about me and done me for my little lot; they gave me a black eye, and I ran away, and they set about me again"—I conveyed him to Shadwell Police-station, where he was placed among seven others, and identified by the witnesses—when charged he made no reply—he was at the inquest, and was asked if he would like to give evidence, and he said that he would not. The prisoner, in his defence, on oath, said that the deceased rushed into the public-house and came at him, that he stepped back and put his hands up, that he had the umbrella in his hand, and the deceased rushed on to it, that he did not stab him, and that it was an accident. NOT GUILTY . 314. JAMES LECESKI (45) , BARNETT CRONGE (27) , and SOLOMON FRIEDBERG (21) , Stealing a mare, a van and a set of harness, the property of Samuel Levine. MR. CAMPBELL Prosecuted, and MR. BURNIE Defended Friedberg. The JURY during the progress of the case stated they could not rely upon the evidence. NOT GUILTY . 315. JAMES LECESKI , BARNETT CRONGE , and SOLOMON FRIEDBERG were again indicted for conspiring to take moneys under pretence of helping Samuel Levine. to find stolen goods. MR. CAMPBELL , for the Prosecution, offered no evidence. NOT GUILTY . 316. ROBERT CORDOR (33) , Feloniously wounding Richard Corder , with intent to do him grievous bodily harm. The prisoner having stated that he was GUILTY of unlawfully wounding, the JURY returned that verdict. —Three Months' Imprisonment in the Second Division . 317. ARTHUR MOUNTENEY (18) , Feloniously shooting at May Louisa Harris , with intent to do her grievous bodily harm. MR. HARRISON Prosecuted. BENJAMIN SPENCER (194 H ) produced a plan of the locality, drawn to scale. MAY LOUISA HARRIS . I am 15 years old, and live with my aunt at 34, Goldsmith Road—I have known the prisoner six months, but only six weeks to speak to—he is a tailor, and lodges in the same house—on Saturday, April 14th, I was going to work—I left home about 9.30—I work in the Almshouses—I saw the prisoner standing by a big tree right in the middle of the Almshouses—he came across and said, "Halloa!"— I made a similar remark—he said, "Are you going to work?"—he was then standing by my side—he said, "It is rather late, if not it?"—I said, "It is half-past 9"—I then got on to the next step of the Almshouses, and he was nearly behind me, and shot me—I did not hear the shot, but felt it—this ( Produced ) is the hat I was wearing—here is the mark on it—I turned round and said, "Arthur, what are you doing?" and saw him put something like metal in his pocket—he said, "I have done it now"—I went up the furthest steps from our house, and he threw me into the road—while I was lying there he was sitting there—got up and ran towards the first step, the nearest to our house—he ran after me, and caught me again, and I think he knocked me down, but I do not remember—I ran into the pump-yard at the left-hand corner; he followed me there—I came out again and called out, and was taken into one of the houses—I saw the police in the house—I was taken to the Police-station, and my injuries were treated by a doctor—I had been thinking of going to Bristol, and told the prisoner so the same week, and he said, "I'll bet you a quid you won't go away on Saturday." Cross-examined by the Prisoner. I did not ask you to come upstairs with me and see me bathe, or to see you dress, or anything like that—I went to the loft that week, to take some papers up, but I do not remember kicking you between your legs—I have had no quarrel with you—you were saying something once, and I just lifted my clothes up, but I did not put them over my head—I did not lift my dress so as to be indecent. FRANK WELLS . I am a carman, of 16, George Road, Acton—on April 14th, about 9 o'clock, I was in Acton, opposite the Goldsmith Almshouses, and heard the report of a pistol, and saw the prisoner kicking the prose cutrix—another girl came up—I could not get over the railings, because they are so high—the prosecutrix ran away, and the prisoner followed her into the Almshouses. FANNY SARAH HUNT . I am a lady's companion, and live at 1, Gold smith Buildings, Acton—on April 14th, about 9.15, I was in the front room and heard a loud report—I went outside and saw the prisoner with the girl on the steps—they appeared to be wrestling—the prisoner said, "I will give it to you for telling lies about me," and started kicking her—he kicked her several times—she was sitting on the steps—she got up, and went across the road, and the prisoner followed her and began kicking her again—I went over to her, and asked him what he was doing—he did not say, but walked back to the steps—I ran to the other steps opposite No. 20, and assisted the girl on each side the bridge, and the prisoner pulled me back—she went into the building, and ran to the other side, to the pump-yard, and the prisoner caught her again, but I did not see what he did—I went to the other end, and saw him on the chapel steps—the gardener stopped him—I took the girl into the house—she was bleed ing from her head—she went to the station. GEORGE SMART . I am a gardener employed at the Goldsmiths' Alms-houses, Acton—on April 14th I went into the pump yard, and saw the girl lying on the ground, and the prisoner beating her about her head and face with his fists—I spoke to him, and he released her—he was very much excited, and looked very wild—I asked him what it all meant, and where he worked—he said that he worked for Mr. Morris, a florist—he went a few yards' distance, took a bottle out, put it to his mouth, and apparently drank the contents, and threw the bottle on the ground—I picked it up—it was labelled "Laudanum"—I put it down on the pavement, and Mr. Hall picked it up. Cross-examined. She did not fall on the ground and you on top of her, she was on the ground, and you were stooping down, beating her about her head and face with your fists. FREDERICK HALL . I live at 15, Goldsmiths' Almshouses, Acton—on April 14th I heard a scream, went to the front door, and saw the gardener and the prisoner standing a few doors off—the prisoner had this bottle ( Produced ) to his mouth, apparently to drink the whole of the contents—he put it on the ground, and the gardener picked it up and put it down again—I picked it up, and gave it to a policeman—on my return I picked up this pistol ( Produced ) on the path at the western entrance of the Almshouses. WILLIAM HARDY . I am a chemist—I supplied this bottle of landanum to the prisoner two or three days before April 14th—he said that he wanted it for outward application for a sore throat. EDWARD DUDGEON (61 X ). On the morning of April 14th I went to the Goldsmiths' Almshouses, and saw the prisoner detained in the front parlour—the girl was in the back kitchen, bleeding from her head and left side—I took her into the room where the prisoner was, and said to her, "Who did this?"—she said, "I was coming to work, and he," point ing to the prisoner, said, "'Are you going to work?' I said, 'Yes, I am going to work; it is just half-past 9,' and then he shot me about there," pointing to the steps—I told him I should charge him with shooting the girl—he replied, "I have taken something; can I have some water?"—this bottle was then handed to me, labelled "Laudanum, Poison"—I gave him some water, and the doctor afterwards gave him an emetic—I then took him to the Police-station. MCCULLAGH SCOTT ( Police Inspector ). I was at Acton Station when the prisoner was charged—I afterwards showed him the pistol—he said, "I bought it at Phillips's, in Acton" HENRY BAILEY LINGHAM . I am Divisional Surgeon to the Police at Acton—on April 14th I examined the prosecutrix at the station, and found a small wound at the top of her head, and about two in. from it I detected a bullet under the scalp on the right Hide—my partner extracted it—this is it ( Produced )—she also had a contusion on her left hand, and her left thumb was lacerated—there were considerable bruises on her shoulder, and she complained of pain on her ribs on her right side, but there was no mark of violence there. Prisoner's Defence: I am very sorry I done it. GUILTY .— Five Years' Penal Servitude. 318. JOSEPH KEARNEY (43) , Unlawfully attempting to have carnal knowledge of Margaret Eliza Kearney , aged 11 years, on two separate occasions. MR. HUTTON Prosecuted. GUILTY of indecent assaults.— Twelve Months' Hard Labour. 319. JAMES COX (19) , Stealing part of a chain from the person of Alfred Jarman . MR. PASSMORE Prosecuted. ALFRED JARMAN . I am an electrical engineer, and live at 5, Highfield Terrace, Lewisham—on Saturday evening, April 14th, I was in Cannon Street—I saw the prisoner there—I had never seen him before—we got into conversation—I think he spoke to me first—we went and had one cor two drinks together in the Dyers' Arms, next door to Cannon Street Station—we stayed some considerable time there—we went out together and walked down Cannon Street towards London Bridge—when we got to the corner of Arthur Street West, the prisoner snatched my chain and bolted down Arthur Street West—my watch was left in my pocket; the swivel was on it as it is now—I followed the prisoner—I was not 20 yards behind him—I called out, "Stop thief!"—we went down under London Bridge arch, and he was stopped by a constable—there had been no quarrel at all—he was quite sober, and so was I—this ( Produced ) is the chain. THOMAS TREDGER (833, City ). On April 14th I heard cries in Lower Thames Street—I was standing in a dark spot in Thames Street, near a dry arch—I saw the prisoner running from Upper Thames Street into Lower Thames Street—I stopped him—the prosecutor came up and charged him with taking his chain—he made no reply—when I arrested him first he said, "He struck me first; I struck him back"—I arrested him 15 or 20 seconds before the arrival of the prosecutor—I took him to the station—he gave a correct address EDITH ELLITT . I am 13 years old, and live at 15, Swan Lane—on Saturday afternoon, April 14th, I was in Thames Street—I saw the prisoner running down Arthur Street West—he ran into Lower Thames Street, on to Fish Street Hill, and under London Bridge—I saw him throw something away—I told the policeman what I had seen—I did not see what it was—I did not see anything shining like a chain. JAMES DUNNING ( City Policeman ). On April 14th I was told some thing by the last witness—I searched in the neighbourhood of the dry arch under London Bridge, and close to where the prisoner was arrested I found this piece of chain—he had passed that way—I saw him arrested—I was 30 or 40 yards off—the prosecutor passed the spot twice. The Prisoner's Statement before the Magistrate: "I live at 138, Devon shire Street, Mile End—I am an assistant at a warehouse, at 18s. a week. Between 7.30 and 8 on Saturday evening I went to a public-house. I had a drink. The prosecutor said, "Ain't the Boers winning?" We got into conversation, and had drinks together. The prisoner said, "I am going your way." We went together towards Great Tower Street. The prisoner got into conversation with a young lady. He asked me to have a drink, and he asked her. I declined, and said I was going home. Then he got hold of this young lady and pulled her about. I said, 'Leave her alone'; but he would not leave her alone. I struck him on the chin, and he fell down. Thinking he was hurt, I ran away. I was stopped by a police man, and told him I had struck the prosecutor. I did not throw anything away. The prosecutor had been with another gentleman when I met him in the public-house, but he left us when we came out of the public-house. I think we were in the public-house a good hour." ALFRED JARMAN ( Re-examined ). I think we started the conversation by talking about the Boers—there was no young lady with us—I never spoke to any young lady, neither were there any blows struck on either side, neither did I fall down. The Prisoner, in his defence, on oath, repeated the statement he made before the Magistrate. He received an excellent character. NOT GUILTY . 320. CHRISTIAN MADDOCK (30) , Unlawfully attempting to set fire to a store belonging to the India-rubber, Gutta-percha and Telegraph Works Construction Company, Limited , with intent to injure the said company. MR. MUIR Prosecuted, and MR. GUY STEPHENSON Defended. MR. STEPHENSON submitted that the indictment should be quashed, on the ground that no criminal attempt had been made, as a further act of the prisoner was necessary to complete the attempt, and that although he may have placed a candle among a quantity of cotton, saturated with methylated spirit, no criminal attempt had been made, as he had not lighted the candle. MR. MUIR contended that the prisoner's acts in making the preparations were sufficiently proximate to constitute in law an attempt to set fire to the premises, without the final act of lighting the candle. MR. JUSTICE LAWRANCE ruled that the indictment should be quashed for want of proof that the crime was attempted to be committed. NOT GUILTY . 321. JOHN NEGUS (17) PLEADED GUILTY to breaking and entering the shop of Mr. Curtis , and stealing a spirit level and other articles, his property, having been convicted of felony on August 20th, 1899. Mr. Wheatley, of the St. Giles' Christian Mission, promised to take him into their Home.— To enter into Recognizances. 322. ESTHER PAYNE (41) , Unlawfully wounding Alfred Payne ; Second Count, assaulting him and occasioning him actual bodily harm. MR. FORDHAM Prosecuted. ALFRED PAYNE . I am a licensed victualler, of 112, Gurney Road, Stratford—on Monday, April 16th, I went for a little walk, and came back and went into the Steamship public-house to have a drink—my wife was there, and three or four women—I asked her to come home to dinner—when we got in she said she did not want any dinner, and that she would go to bed—I went down the garden, fed my chickens, and then came and cut my piece of meat and bread, and drew a glass of water—I had about three-parts finished my dinner when my wife came out of the room into the back yard, through the wash-house into che kitchen, stood at the end of the table, and said, "Where is my dinner?"—I said, "Half a minute, mate; I will cut it for you"—I am in the habit of calling her mate—she picked up a table-knife like this from the table, and shoved it in my face—the breakfast things had not been cleared away—she stabbed me down my face from my eye towards my cheek once before I could get up—she threw the knife on the floor—the policeman found this knife with blood on it on the floor—she said, "Sit down in a chair, and let me go and fetch the doctor"—she got another woman who had been in the public-house to fetch a doctor—when the doctor came in about half an hour he said I should have to go to the hospital, he would not touch it—my wife took me to the hospital, where I was attended to—on the way from the hospital I gave her into custody to the first policeman I met—I can not say whether I told the doctor that she did it; I had lost so much blood—my wife is a great drinker—I am certain she must have been the worse for drink, because I found bottles with spirits in them, hid away. WILLIAM NEAT (169 K ). On April 16th I was on duty in Stratford, in the evening, when the prosecutor gave his wife into custody—she was walking away—I said, "Your husband wishes to charge you with stabbing him"—she said, "I know nothing about it"—he said, "You did it with a knife"—I took her to the station—when charged, she said, "I know nothing about it"—later that evening I went to 112, Gurney Road, and found this table-knife lying on the floor, covered with blood—the pri soner was not drunk, but she had been drinking. Cross-examined by the Prisoner. I found no knife on the table covered with blood. CHARLES WARTZ . I am House Surgeon at West Ham Hospital—when Payne came on April 16th I examined him—he was suffering from an incised wound about 3 in. long from the right eyebrow, skirting down to within 1/4 in. of his upper lip, between his eye and his nose, but just missing his eye—it was about 1/2 in. in the deepest part, which was on the upper lip—this knife would cause such a wound—I dressed the wound—it is not dangerous to life if there are no complications, but it might have destroyed the eye or endangered the brain if it had been a straighter cut. Cross-examined. Your husband told me at the hospital that you had done it. The Prisoner's Statement before the Magistrate: "I am sorry this hap pened. I do not remember anything about it. I have no witnesses." The Prisoner produced a written defence, stating that her husband started chopping the meat and cut himself with the carving knife. GUILTY of committing the act in a drunken brawl. The JURY recom mended a separation.— Four Months' Hard Labour. 323. ALBERT CORBETT (23) PLEADED GUILTY to a rape on Mary Reilly .— Seven Years' Penal Servitude. 324. FRANK FAIRFIELD NORRIS (32) , Being a servant of the Frank Wright Prepayment Gas Meter Corporation, Limited , omitting to enter certain particulars in their books, also making false entries therein. MESSRS. CHARLES MATHEWS and SINGLETON Prosecuted; and MESSRS . COOMBES and TALBOT PONSONBY Defended. LORD KINNOUL . I was an original director of the Frank Wright Pre payment Gas Meter Corporation, Limited—I remained a director from its inception in October, 1895, till August, 1899—during those years I attended board meetings—no suggestion was made, nor was there any discussion as to the payment of secret commissions—no authority was given to anybody to pay them—the prisoner was secretary, and attended all board meetings—Mr. G. R. Burer was chairman. Cross-examined. Mr. Shuymer was manager of the works about two years—he may have been general manager. SAMUEL SPENCER . I am a manufacturer of iron tubes at 14, Great St. Thomas the Apostle Street—I attended the Board of Directors on the incorporation of this company in October, 1895—I held the position of director from that time till November, 1897, when I resigned—I scarcely ever missed a board meeting—no secret commission was ever allowed to be paid to the employees of other companies—Norris suggested that if we did that sort of thing we should increase the business very much, but the chairman, Mr. George Rodden Burn, used very strong language, and said he would be no party to it, and I said I should resign rather than be a party to it. Cross-examined. I had nothing to do with the Brewery Syndicate—I saw the company's works in Fenchurch Street in 1895, and the meter before I consented to become a director—the first meter turned out to be a failure—a Mr. Shuymer was engaged in the office as accountant after I joined the company—the case of the Salford Corporation v. Leiver was mentioned at the board, and then I said that I would resign if such an example was followed. Re-examined. A new meter was invented, which is now in use. LACY DE FONBLANQUE . I live at 22, Upper Phillimore Gardens—I became a director on June 15th, 1896, and remained, so till July 18th, 1898—I attended the board meetings—I heard nothing about the pay ment of secret commissions until a board meeting shortly after I joined, when I was dissatisfied with the returns made by a traveller, for whose presence I asked—he said there was a great deal of competition, and that other firms paid the officials of gas companies—I said that I had been connected with very big gas undertakings for a long time, and we had never given a penny in that way, and I did not belive in it; it was a bad business to begin with, and that if the meter was good enough it would go, and if not no bribery would make it good enough—the prisoner was present—that was in the board-room. Cross-examined. I was fairly punctual at the board meetings, and attended regularly till latterly—Shuymer was present on some occasions latterly—he was an accountant, and had a deal to do with the manage ment—Mr. Burn, senior, was regular in his attendance—he had no technical knowledge of matters—he was upright and conscientious—the idea that he would consent to secret commissions and conceal that con sent from his brother directors is monstrous. ROBERT COWLEY . I live at Ramsay, Isle of Man—in May, 1897, a call was made upon me as a shareholder in this company—I sent this cheque for £20, dated May 21st, to the secretary—I received this receipt. Cross-examined. There was no delay in answering. DAVID BOWEN . I live at Abercarne, Monmouth—I am the secretary to the Abercarne and Newbridge Gas and Water Company—on Decem ber 15th, 1898, we owed the prosecuting company £26 6s. 6d., for which I sent this cheque, and on December 28th received this receipt, signed by the prisoner—I sent this cheque of April 27th, 1899, for £29 18s. 3d.—about the end of May I received this receipt of June 2nd—I also sent this cheque of June 28th for £27 19s. 8d., and received this receipt of June 30th, signed by the prisoner. Cross-examined. The money was owing for gas meters—I never received extra commissions—I know nothing of them—before becoming secretary I had been an accountant at a colliery and at an hotel. THOMAS WILLIAMS . I am chief cashier to the Liverpool United Gas Company—on February 9th, 1899, I sent this cheque for £196 6s. to the prosecuting company, and received this receipt. Cross-examined. I am not aware of any secret commissions being paid in connection with the Gas Company to any official, certainly not to myself. JAMES BURCH . I am secretary of the Canterbury Gas and Water Company—I discharged our company's indebtedness to the Frank Wright Company for gas meters by these cheques of April 24th, 1899, for £26 2s., and May 29th, 1899, for £24 18s., and received these receipts. Cross-examined. I know of no secret commissions being paid in con nection with gas companies. JAMES PRICE NICHOLLS . I am chief accountant to the Gravesend and Milton Gas Company—I sent this cheque of April 12th, 1899, for £6 7s. 6d., in payment of our account due to the Wright Meter Company, and received this cheque, dated "13/4/99," and signed "F. Norris," on behalf of that company. JOHN PEE✗CY CURTIS . I live at 9, Strode Road, Egham—I am a clerk to the secretary of the Staines and Egham Gas Company—I sent this cheque of April 6th, 1899, for £10 8s. 9d., and received this receipt of April 8th from the prisoner on behalf of the Wright Meter Company. Cross-examined. I know nothing of secret commissions—I have been acting as clerk to the secretary of the Staines Company two years. HENRY VOLLNER . I am a trimming manufacturer, of 41, Spur Street, Manchester—in 1898 I was a shareholder in the prosecuting company—I sent this cheque of January 13th, 1898, for £50 to the prisoner to pay a call, and received this letter acknowledging receipt of same, signed "F. Norris"—I also sent him this cheque for £50 of July 23rd, 1898, in payment of a further call, and received a receipt—I returned the receipt to the company on receiving certificate of shares. CHARLES EDWARD HURRELL . I did live at 20, Vivian Road, Peckham, but now at 2, York Terrace, College Road, Forest Hill—I am ledger clerk to the Frank Wright's Prepayment Gas Meter Corporation, limited, whose service I entered on February 6th, 1896—the prisoner was secretary—I acted under him—the books were under his control as secretary and cashier—they were a petty cash book, cash-book, a journal and ledger—Norris kept the petty cash book in his desk or drawer, but the entries were mostly made by me about once a month—the journal was a locked book of which I gave him the key in March, 1899, with the books, as he said he had instructions to keep them—I repeatedly asked for the petty cash-book between March and June, 1899—a share account was opened in this ledger—in it I do not find on May 21st, 1897, any entry of a payment by Mr. Cowley—I find an entry on April 30th of £20, with no year, but in the journal from which it is posted it appears as April 30th, 1899—it is in Norris's writing—in Vollner's share account I find no entry of £50 on January 21st, 1898—in the petty cash book there is on January 21st, 1898, "Amount paid into bank, as per pass-book. £50"—the paying in slip is Norris's writing—on July 23rd, 1898, I find no entry of money received from Mr. Vollner, but in the cash-book of April 30th, 1899, there is an entry of £100 received from Vollner—there is a memo. in pencil in the petty cash book on April 30th, 1899, by Mr. Burn, deceased, "Paid out of G. R. B.'s cheque £183 4s. 4d.," and on the other side is £l6✗7 4s.4d. connected with wages—upon the receipt side I find no entry of the £183 48. 4d. about that date—in July, 1898, the petty cash deficiency is £190, which Mr. Burn's cheque for £183 4s. 4d. puts right—there is no entry of £11 11s. 1d. on September 10th, 1898, nor of £26 6s. 6d. on December 15th, 1898—all these cheques have been paid into the Old Kent Road Branch of the City and Midland Bank, our bank—there is no counterfoil of the £26 6s. 6d., nor of the £11 11s. 1d. in the counterfoil receipt book, the numbers of which run from 1480, but should go up to 1500, 20 having been cut out at the end of the book—I do find a counterfoil in December, 1898, from the Johnstone Corporation of £11 11s. 1d.—No. 1134 is the receipt for £26 6s. 6d. given to the Abercarne Company, and not to the Johnstone Corporation—there is no entry on January 4th, 1899, of a receipt from W. S. Hill of £21 5s., which appears on April 1st, 1899, for the first time—on January 31st, 1899, or February 1st, the prisoner ought to have had in hand £219 18s. 5d. according to the petty cash-book, by the end of February £239 9s. 10d.—our audit was to take place in the first or second week in March—the prisoner knew that—there is no entry of a receipt from the Liverpool United Gas Company on February 8th, 1899, of £196 6s. in that month, nor of the receipt of £2 2s. 6d. from the Hereford Corporation—I see my entry in the petty cash book on February 15th, 1899, "Amount paid into bank, as per pass-book, £200"—I made it from the bank pass-book about March, 1899—I said to the prisoner, "Where does the £200 come from?"—he said, "From the petty cash"—he would then have to account to the auditors for £17 5s. 7d.—on March 3lst, 1899, I entered £26 6s. 6d. as received from Abercarne, the receipt for which is dated December 28th, 1895; also £196 6s. from the Liverpool Gas Com pany —all the entries for March are my writing, but the concluding entry for March is, "S. S. commission to various gas companies, as per list, £290," in the prisoner's writing—I first saw it in February, 1900—the book was missing for some months, and not found till November, 1899—at the end of March all the prisoner had to account for was £19 17s. 6d.—but for the entry of £290, he would have had to account for £309 17s. 6d.—on April 1st, 1899, I find an entry of £10 8s. 9d., received from the Staines and Egham Gas Company, £26 2s. from the Canterbury Gas Company, and £6 7s. 6d. from the Gravesend and Milton Gas Com pany, in August; but no entry of £29 18s. 3d. from the Abercarne Com pany, of £24 15s., or £12 2s. 6d., in April, from the Hampton Court Gas Company—the last entries made by me under the prisoner's directions were in May, 1899—there is a concluding entry in the prisoner's writing of "S. S. commissions, as per list," of £625—£15 7s. 1d. is carried forward—I first saw that entry about February, 1900—but for the £6253 he would have been responsible for £640 7s. 1d. ARTHUR RIDER . I am Assistant Record Keeper at the Vicar-General's Office, Doctors' Commons—this £10 Bank of England note of January 1st, 1897, No. 72951, came into my possession on July 6th, 1897, from Frank Fairfield Norris, and was endorsed by me as it appears: "Lia. F. F. Norrm, 6th July, 1897," and my initials, "A. R."—it was for the pur chase of a marriage licence with Miss Taylor. CHARLES EDWARD HURRELL ( Continued ). This receipt for the second £50 from Mr. Vollner is the prisoner's writing—I made the pencil entries in the petty cash book in April for the purpose of balancing the book at the prisoner's request—there ought to have been a balance in hand of £164 18s. 7d. at the end of April, 1899—at the beginning of May the book disappeared—I repeatedly asked the prisoner for it, but I never saw it till he left for his holiday in September; he used a supple mentary cash-book during those months—about April or May I made up the journal to the end of March—I gave it to the prisoner—I asked for it back—I got it at the end of May—I noticed then for the first time entries of S.S. commission on March 30th, 1899, of £290, and on June 30th, 1899, of £625—I said to the prisoner, "What do these mean?"—he said, "It is for commissions I have paid away to various gas companies, as per list I have; they have been sanctioned by Mr. D✗ouglas Burn"—Mr. Burn was managing director then—he said they would be extended over a period of a few year, and they were to go through in bulk—both "S. S. commission" entries are the prisoner's writing they are written over a red line closing the account—on June 30th I find £100 for S. S. commissions in the prisoner's writing—in June, £21 4s. has been altered on both sides of the account to £121 4s,—I said, "Where shall I post this to? I have no such account in the ledger"—he said, "Bring me the ledger, and I will open an account"—turning to the private ledger, folio 178, I find in Norris's writing, "Secret Service Commission Account"—I then posted the amounts as they now appear—the total is £1.515. Cross-examined. Three clerks are employed—Shuymer in April, 1899, became a traveller—he did not continue his control in the office after that date—he got me my berth—about January, 1897, I ceased to look to him as the principal, I looked to the prisoner—I see the entry in the petty cash book of "Tips and Expenses, City Gas Light and Coke Company, £1 8s. 10d."—I made these entries by Petigrew's directions—he was then cashier, and is now secretary—I posted the ledger from the journal—in January, 1899, it was proposed to reduce the capital of the company—I filled up the body of the cheque of February 7th, 1899, of £2 10s., pay able to Mr. John F. Gibbs—I made statements before the Magistrate with regard to officials, and corrected them at the next hearing when I had refreshed my memory—I oever asked Shuymer for the missing cash-book. Re-examined. Mr. Gibbs's cheque for £2 10s. is regularly entered in all the books of the company—it is signed by Douglas Burn and William Brown as directors, and countersigned by Frank F. Norris as secretary—the larger entries with regard to petty cash commence about March, l899, and continue to the end of April, 1899—our office is in Glengall Road, Old Kent Road. THOMAS HENRY TALBOT . I am a licensed victualler, of the New Inn, 254, Westminster Bridge Road—I first knew the prisoner about three years ago as secretary of the Frank Wright's Prepayment Gas Meter Corporation, Limited—he was a bar customer—subsequently I supplied him at East Dulwich with claret and port—I remember his bringing this cheque of Mr. Cowley's of May 21st, 1897, for £20, payable to himself—he asked me to pass it through my account—I waited to see if it was honoured, and then gave him an open cheque of June 10th, 1897—on July 23rd, 1898, he brought this cheque for £50, payable to the Frank Wright Company, and I gave him a cheque after it was cleared on July 27th—in the same way I changed for him these cheques: 1898; Septem ber 8th, £11 11s. 1d.; December 15th, £26 6s. 6d.; 1899, April 6th, £10 8s 9d.; April 12th, £6 7s. 6d.—from the last two cheques I deducted £2 15s., due from him to me—also, in 1899, I changed for him these cheques: April 24th, £26 2s.; April 27th, £29 18s. 3d.; May 29th, £24 18s.;. and June 28th, £7 19s: 8d. Cross-examined. Shuymer was present practically always—I drew the prisoner's attention to the cheques being the company's cheques—Shuymer and Robey were present—I changed two other cheques for the prisoner for his wife—I sent Christmas presents for the company. Re-examined. I was paid by a cheque direct from the company for these—I saw the prisoner once give Robey some money. THOMAS ATWOOD . I am a clerk in the Westminster branch of the London and County Banking Company, in the Westminster Bridge Road—I cashed this cheque for £20 on June 15th—I gave him two £10 notes—No. 72951, dated January 1st, 1897, is one of them—it is endorsed "Frank F. Norm"—on June 8th I cashed a cheque for £20—I gave him three £5 notes and £5 in gold—these are two, Nos. 70853 and 70854, dated January 7th, 1899. ALFRED ERNEST SMITH . I am assistant manager of the Old Kent Road branch of the City and Midland Bank—we banked for the Frank Wright's Prepayment Gas Meter Corporation, Limited—the prisoner paid in cheques on the company's account—he paid in on February 15th, using this slip from the counter, a draft for £196 6s., a cheque for £2 2s. 6d., and postal orders for £1 11s. 6d: £200—the company have a regular counterfoil book supplied to them—this slip, also obtained from the counter, of the payment in of £50 on January 21st, is the prisoner's writing. Cross-examined. Shuymer generally came to the bank with Norris—he might have missed a week now and then, but more often than not he came. HOWARD DOUGLAS BURN . I am a solicitor, of 6, Bell Yard, Doctors' Commons—I am the son of George Roddam Burn, the chairman and director of this company from the date of its formation in 1895—my father died on February 22nd last—he left the management principally in the hands of Norris and Shuymer—in January, 1899, I became a director—the company was then on the verge of liquidation—I endeavoured to right it—on May 1st, 1899, I became managing director—on February 25th, 1899, the directors gave notice to Shuymer, the manager, and to Norris, the secretary—in July I dismissed Robey—the reasons were negligent management and being overstaffed—up to September, 1899, I knew nothing of the payment of secret commissions—the cheque for £2 108. to Mr. J. F. Gibbs must have been obtained by misrepresentation—on October 16th I first noticed it—Norris sent it to my father in a letter—I asked the prisoner from time to time to let me see the petty cash book—he put me off—he produced this subsidiary one in a brown cover—after May 25th, when the prisoner's notice expired, we continued him on as a weekly servant—Shuymer was to have a month's notice—in September, 1899, the prisoner went for his holidays—I investigated the accounts—in the result, on October 10th and 11th I communicated with him, desiring his attendance at the office—on October 13th I met him at Victoria Station and brought him to the office—I had then seen the entries, "Secret Service commissions paid to various gas companies, as per list"—I asked him to explain—Mr. Brown, Mr. Petigrew, and myself, directors, were present—the prisoner said, "I want to see your father"; I said, "You have to deal with me"; he said, "Can I have a private interview with you?"—Mr. Brown and Mr. Petigrew left the room at my request—I directed the prisoner's attention to the Secret Service entries—he said, "I have had the money; can I repay it by offering £700, which my wife could realise under reversions she is entitled to on the death of her mother," and said he thought I would do this for him rather than he should go to prison—I told him we could not entertain it——he said, "I have spent it in the West-end and in the City, boozing about"—I called in Mr. Brown and Mr. Petigrew—I said, "Mr. Norris admits having had the money, and having spent it on himself"—he again requested to see my father, and I took him to my father's office in Doctors' Commons—my father had gone out to lunch—Norris asked if he could write to him—I said, Yes, he could if he liked—I took him to my room, where I left him writing—I went downstairs—in about 10 minutes or a quarter of an hour I met him coming down the dairs—he handed me this document, which I read: "Referring to the items entered in the company's books, amounting to about £1,000, these sums have been utilised by Mr. Shuymer and myself during the past three years in pay ment of expenses and commissions, of which no account has been kept, except as far as the entries appear in the petty cash book, and which book Mr. Shuymer informed me he has destroyed.—Frank F. NORRIS . 13/10/99"—I said, "This is not what you told me at the board-room"—he replied, "That is what I say now"—he ran down the stairs, leaving me with the paper in my hand—we called the auditors in and examined the book—the cash-book was missing—at the end of November it came back—we never knew of the Secret Service entries till we saw it in the books in September, 1899—my father, before his death on February 22nd, 1900, had instructed Mr. Wontner, before and during his illness. Cross-examined. I never paid secret commissions—I knew nothing about them—they were not agreed to privately by the directors—the letters referring to failure of meters and to commissions were in Norris's writing—Shuymer had control of the books till January, 1899—Shuymer and Robey were good travellers—Robey's letter, advising commissions, could only have been seen by the prisoner and Shuymer—Robey brought an action for wrongful dismissal. Re-examined. We have saved £1,200 a-year in expenses, and increased our trade 80 per cent., since the prisoner, Shuymer, and Robey were got rid of—the day after we told the prisoner he would be prosecuted, an action was commenced by his wife against the company for an injunction to restrain the directors from the payment of secret commissions, and for an account—a correspondence ensued, and my father, on affidavit, denied all knowledge of any secret commissions having been paid. ( Affidavit and copies of letters produced. ) ALFRED MATHEW BRADLEY . I am a solicitor—this batch of letters, the original of which Mr. Howard Douglas Burn produced to me, are copies of letters for which I paid £4, and they were handed to me in the course of interlocutory proceedings under the usual affidavit for production of documents—after inspecting the originals, I bespoke these copies of Messrs. Adam, Burn, and Son, the solicitors of the then defendant company. WILLIAM BROWN . I am a brass finisher, at South Islington—I became a director of this company in October, 1898—I am still upon the board—I have attended all board meetings—I never heard of the payment of any secret commissions—I did not know anything about them till October 13th, when the prisoner was called in by young Mr. Burn—Mr. Burn said in the prisoner's presence, "Norris says he has had the money"—Mr. Burn had had a private interview with the prisoner, after which he called me and Mr. Petigrew in—the prisoner did not reply—Mr. Shuymer was not there, I am sure. Cross-examined. I understood the prisoner to refer to the defalcations—I do not know of 2s. 6d. commission being paid to a Mr. Maunders—I have had many a row with Shuymer—I did not see him that day. ARCHIBALD DOUGLAS PETIGREW . I am the present secretary of this com pany—I was connected with it within a few months of its inception—I have been general clerk, chief clerk, or prime cost clerk, assistant-secretary, and manager—I never knew of the payment of secret commissions by this com pany till I found the entry in the book—on October 13th I was in the board room with young Mr. Burn, the prisoner, and Mr. Brown—the prisoner asked Mr. Burn for a private interview, when Mr. Brown and I left the room—after the interview we went back to the board-room—Mr. Burn said, "Norris admits having the money, and having spent it on himself"—Norris made no reply—I fancy Shuymer was in the office that day, but he was not present when Mr. Burn made the statement. Cross-examined. I certainly thought the evidence showed that Norris had the money—I think Shuymer was in it also—Norris seemed agitated and nervous—there was an interview, I think, the same morning about the missing book, at which Shuymer and Norris accused one another of the possesvsion of the book—Shuymer was an accountant—he established the books—I looked to him as responsible for them—Hurrell would go to Shuymeror to Norris for instructions—I kept the supplementary petty cash book—Norris kept the petty cash book—the account at the bank was over drawn at one time—cheques were cashed by directors—they appeared in the books afterwards—I knew nothing of Talbot changing cheques till we began to investigate them—neither Shuymer nor the prisoner men tioned it; nor are they in the books—about three months before the audit I saw a petty cash balance of something like £200, and I remember Norris saying that it troubled him greatly, because he understood that Shuymer had go✗ £200—afterwards I saw that £200 was paid, in and I assumed that it was put right—that was about October, 1898—the prisoner did not then suggest that it was spent on secret commissions—Shuymer led me to believe there were commissions to pay, but they were paid in an open manner by cheques. The Prisoner, in his defence, on oath, said that the amounts for Secret Service commissions were known to the directors and to Mr. Burn, senior, the promoter, and that Shuymer, under whose control he was, had most of the money. He referred to letters, especially one letter to Mr. Robey, a traveller, urging him to pay commissions, and to see the right man. and push the business, and he accused the witnesses of perjury, and stated that one cheque produced was paid to Mr. Gibbs as secret commission; and that the letters in his own handwriting were dictated to him by Mr. Burn. Evidence for the Defence. JOHN FREDERICK GIBBS . I am a clerk in the Gas Light and Coke Company, at Haggerston—about Christmas, 1898, our foreman asked Mr. Shuymer for a subscription to a winter fund—the foreman, being taken ill, requested me, when Mr. Shuymer called again, to ask him—in January, 1899, I asked Mr. Shuyraer, and he asked what was the lowest—I said, "About £2"—he said he would not be the lowest, and gave me £2 10s. in gold—some time afterwards he came with this cheque, and advised me not to endorse it, but write to him stating that I could not receive a cheque—a week later he came again, and wanted I the cheque endorsed, as he was unable to get the money—I endorsed it, and he took it away—nothing was said about bribery or secret commission—I have been 20 years with the Gas Company. GUILTY .— Five Years' Penal Servitude. 325. WILLIAM TYLEY (45) , Maliciously wounding Mary Ricketts , with intent to do her grievous bodily harm. MR. COLLINSON Prosecuted. MARY RICKETTS . I have been livings with the prisoner as his wife for 17 years—on April 6th we were going to have supper together—the prisoner had been drinking—we had a few angry words—we went to bed—I did not have any supper—I woke up, and found I was bleeding, and called my landlady—I saw the prisoner sitting in the arm-chair—he had not been to bed—he did not move, or go away—I do not think he realised what had happened—nobody else was in the room. SARAH CAPEL . I am the landlady of 18, William Street, Battersea, where the Tyleys live—I live on the downstairs floor, under their room—they have the first floor back—on April 6th, about 9.30, Mrs Tyley called out for me to go upstairs—she asked me to run for a doctor, which I did—when I got into the room the prisoner was sitting in an arm chair by the fireplace—he did not speak—the woman was in bed—she did not tell me what was the matter with her. JAMES THOMAS MACMEAN . I am a physician and surgeon, of 19, Osborn Terrace, Clapham Road—on April 6th I was called to 18, William Street—I got there a little after 11 p.m.—I found the woman in bed, saturated with blood—I found two cut wounds, one under her ribs on the left side, about I in. wide and about 1 in. deep—it was still bleeding; one of the arteries had been severed—the other cut was near the middle line, just where the ribs meet—that was about the same width as the other, but not so deep—she was very exhausted from loss of blood—I ordered her to be taken to the hospital—these two knives ( Produced ) were afterwards shown to me—this knife I examined microscopically, and found blood on it—the wounds could have been caused by it. ISAAC COLLINS ( Police Inspector ). On April 6th I was called to 18, William Street, Batter sea—I found the prosecutrix lying on the bed in a back room—she made a statement to me—I read it over to the prisoner—she said, "I was stabbed by my husband when I was lying asleep on the bed; I do not know what he did it with"—the prisoner replied, "I did not do it"—the woman was taken to the hospital, and the prisoner to the station—I read the charge to him—he said, "She was lying on the bed when I did it"—I found a pocket knife on him when I searched him—he was drunk. The Prisoner's statement before the Magistrate: "I came home; I was drunk; I remember my missus taking my supper from me, and that is all I remember." The Prisoner, in his defence, said that he was very aggravated with the prosecutrix, that he went out and pot drunk, and when he got home he did not remember anything. GUILTY of unlawfully wounding.— 'Twelve Month' Hard Labour. 326. EDWARD PHENNA (50) PLEADED GUILTY to feloniously wounding Mary Phenna , with intent to do her grievous bodily harm.— Six Months' Hard Labour. 321. MARY BEATRICE MANNING (31) , to obtaining £10, £2, and £8 from Martha Ogleby , Lizzie Jepb , and Mary Walter by false pretences, having been convicted at Je✗wes of a like offence. [Pleaded Guilty: See original trial image.] The police stated that she had been engaged in frauds for 13 years, and had also been convicted in America.— Five Years' Penal Servi tude. 322. GEORGE VAUGHAN (28) , to feloniously uttering an order for £5 5s, knowing it to be forged, with intent to defraud, having been convicted at Guildford on July 19th, 1899; also to unlawfully obtaining £2 11s 6d. from Thomas Orr Speirs by false pretences. [Pleaded Guilty: See original trial image.] Other convictions were proved against him.— Eighteen Months' Hard Labour. And (323) FREDERICK DONNELL (16) , to unlawfully attempting to have carnal knowledge of Annie Donnell , aged 13 years and 6 months,— [Pleaded Guilty: See original trial image.] Three Months' Hard Labour. 328. JOHN VEVERS BUSE , For the manslaughter of Ellen Northcroft. MESSRS. MATHEWS, MUIR, STEPHKNSON , and JAY Prosecuted; and MESSRS . REID and JOLLY Defended. GEORGE ENDEEN produced and proved plans of part of the Kennington Road. MAUD ELLEN NORTHCROFT . I live at 8, Lucretia Gardens, Kenning ton—I was with my mother, Ellen Northcroft, on the afternoon of March 7th, in the Kennington Road—she was 56—we were at the top of Wincote Street, going towards Kennington Park, on the east side of the road—there was a tram in the road coming to a standstill at the corner of Fitzallan Street—we were going to get into it to go to St. Thomas's Hospital—it was going towards Westminster Bridge—we were on the right side of the road, going towards Westminster Bridge—we both stepped off the kerb together, and then my mother went slightly in front of me—when we left the pavement there was nothing in the road except the tram—then I looked to my right to see if anything was coming—we had both looked before we left the kerb—I did not notice anything when I first looked, but just after my mother had started in front of me I noticed three cyclists coming from the West minster direction on their proper side of the road, the same side as we were on—they were just by the Ship public-house when I first saw them—they were riding abreast—they were two newspaper boys and the prisoner—the paper boys had sacks on their backs—the defendant was furthest away from us and nearest the tram lines—they were going very fast—I did not hear any bell rung—I called out to mother, but I do not think she could have heard me—then I saw her knocked down by the prisoner—she fell at once on her eye—I thought it was only a black eye at the time—the blow was very sudden—the prisoner was still riding on the outside of the three—I think the other two cyclists must have ridden a little way further—I saw them afterwards—I did not see the prisoner fall—I did not hear anybody say anything—people collected at once—I took my mother to Dr. Henry's surgery—she died the same night, about 10 o'clock—she was going across the road in a slightly slanting direction. Cross-examined. We had gone about two or three houses down the Kennington Road before we crossed; we left the pavement just about opposite the house next to Dr. Henry's—the accident occurred about 3.20—we wanted to get to the hospital as soon as possible; we did not want to lose the tram—I think my mother looked up the road before we left the kerb—we stood on the kerb a short space of time—if the cyclists had been near the Ship, then I think I should have seen them—my mother went ahead because, I suppose, she was anxious to get into the tram—she may have been a yard or more ahead of me—we must have been a yard or more from the footpath when I first saw the cyclists—I cannot say whether I stood still when I saw them—my mother did not stop when I called out; she seemed to have hurried her pace slightly—I did not notice her look round—when I called out she was about in the middle of the tram lines, and it was two or three seconds afterwards that she was ridden into—her face was still in the direction of Fitzallan Street—the car was then at a standstill—I cannot say where my mother was hit; she fell forward—I believe the other two bicyclists passed behind me, but I cannot say for certain—there might have been room for them to pass between my mother and myself; I cannot say—I should say the newspaper boys were in front, and the prisoner behind them—I cannot say if the prisoner changed his direction just before the accident. Re-examined. I saw that my mother's eye was swollen; that is why I thought she fell on her face. HENRY JOSEPH FRENCH . I am a timber porter, and live at 84, Bonner Street, South Lambeth—on the afternoon of March 7th I was in Ken nington Road—I was coming from the direction of Westminster—I had passed the Ship—I had not got so far as Wincote Street—I was walking—I heard some loud talking, and, turning my head, I saw three cyclists, two with papers on their backs and the defendant—the paper boys were nearer the kerb and a little in front, and the defendant nearer the tram lines, and behind—in front of me I saw two ladies, one in the road and one on the path—they were behind a timber carriage which was standing in the road, with the horses towards Kennington Park—it was near the pavement—I saw the deceased attempt to cross the road—she turned her head towards Westminster, and then made for the car—the bicyclists came along and shouted very loudly—they seemed to frighten her, and, being an aged lady, she hastened her speed, but had not got very far when two paper boys passed, her—she went in a slanting way, and the other one seemed to follow her and try to get round the off side of her, but he could not do it because of the car—they got close to the car, and the prisoner struck her—she seemed to be struck in the leg—the machine seemed to push her legs forwards—she put her arms out and fell backwards—I cannot say that she actually fell on her back—I cannot say the boys were going at less than 12 miles an hour—I ran across and placed her shoulders on my arm and slightly raised her—I saw that she was bleeding—I took her bonnet off and borrowed a handkerchief from her daughter and wiped the blood from her nose and mouth—I said to the prisoner, "This is your racing tricks that have done this"—he said, "I was not racing"—I am not a bicyclist—I have been a cabman. Cross-examined. I have ridden a bicycle—I cannot say how far I was from the corner of Wincote Street—I was struck by the pace they were going, and I commenced to run—when I first saw the deceased she was 6ft. or 7ft. from the kerb, and I should say about 20 yards from the cyclists—when she was struck she was looking in the direction of the car—the prisoner fell with the deceased and the machine—I cannot say whether he let go of the handle-bars, but they were muddled up together —I have not the slightest doubt that the prisoner altered his direction—he was not bent so much as the others, because they had got papers on their backs—I did not notice the machine much—the other cyclists passed between the mother and daughter—if the deceased had stood still in the shelter of the timber carriage she would have been all right—the prisoner did his best to avoid her. Re-examined. I did not hear any bell rung. CHARLES HENRY BRAY . I am a private tutor—on March 7th, in the afternoon, I was sitting on the outside of a car in the Kennington Road, going in the direction of Westminster—the car had stopped—I was sitting on the front seat but one on the right side, and right over any thing that happened in the road on my right side—when we were stopping I saw two or more cyclists coming down the road—they were about at the Ship, about 100 yards away—they were running parallel with each other, and going at a fast pace—between the Ship and the tram they put on a spurt—there is a slight fall in the ground from the Ship—when some 60 or 80 yards from the point where the accident happened they turned towards the middle of the road, and came underneath the tram where I was sitting, as if to avoid something—there was a wood trolley on the other side of the road to the right—it was stationary, with the horses towards Kennington Park—the back of our car and the back part of the trolley were about level—one of the cyclists got a little behind the others—two of them came right under the car—one was a newspaper boy and one was not—they were practically neck and neck—as they got to the tram they found they had to get by the woman—the paper boy put on a distinct spurt as he was passing the tram, and cleared her—the prisoner could not do so, and he crashed into the woman—she seemed to be doubled up by the bicycle, and then seemed to be carried forward by the bicycle falling on her—I got down off the tram and told the defendant to stay where he was until the police came—I said, "You ought to be in the hands of the police, and I will see you are"—he asked me to let him go this once—I heard no bell rung—the prisoner came over the brow of the hill at 16 or 18 miles an hour, and crashed into the woman at fully 20 miles an hour. Cross-examined. I do not know if I have said before to-day that the prisoner asked me to let him go—when the deceased was crossing the road she was looking in the direction she was going—she was level with the end of the car and between the two sets of metals—I believe she was moving in the direction of the car when I first saw her—I do not think the other bicyclist passed between the mother and the daughter—I cannot say for certain how he passed—I do not know what became of the third cyclist—I was looking over the side of the car, and there was plenty of room for the third cyclist to be out of my view—they did not ride on straight at first—they rode straight as they passed me—the prisoner was so close to the car that he could not pass to the off-side of the deceased—he did not follow her in the direction she was going—I am a judge of pace—I learnt to ride a bicycle in 1871—I do not ride much now—when I was first asked to give some idea of the pace all I could say was that it was a fast pace, such as one sees paper-boys riding at; but the pace was rivetted on my mind, and I have made a very careful study of pace since the accident—I have walked many thousands of miles at four miles per hour, testing myself—I took two lamp-posts in the Stock-well Road, which are 100 yards apart, and by watching trams I got a perfect idea of eight miles an hour—then I began to compare the rate of bicycles which passed the trams, which I knew were going at eight miles an hour, and I could now tell you to a nicety the 16 miles an hour rate, and so I went on—I found a policeman who did his mile in five minutes walking, and we worked together—the prisoner was sitting fairly upright on his machine—I have no recollection of hearing any shouting. Re-examined. I was watching everything that happened, because as we were coming to a stopping-place and I saw the bicycles coming at a good rate, I thought there was every possibility of a good accident—the deceased fell himself. By MR. REID . I do not know if he retained his hold of the handle-bar. MISS NORTHCROFT ( Re-examined ). We crossed behind the timber trolley—we stepped off the kerb about a yard behind the trolley. JOHN HILLMAN . I am a timber porter, and live at 8, Homer Street, South Lambeth—on March 7th I was in the Kennington Road, on my waggon, which was standing opposite Fitzallan Street—the horses were turned in the direction of Kennington Cross—I was sitting sideways on the load, facing Fitzallan Street—the wheel was close to the kerb—I heard some shouting behind me—I saw three cyclists, and one knocked the deceased down—they were going at a terrific pace when I saw them—I was about 10 yards away—the other two cyclists passed me and then came back—I believe they were slightly in front of the defendant—I did not hear any bells rung. Cross-examined. It was loud shouting—I heard the deceased's head hit the paving stones. — DEAN (116 L ). On Wednesday, March 7th, I saw a crowd in the Kennington Road, and the deceased lying on the ground—Mr. Bray pointed the prisoner out to me—I took his name and address—I took the deceased to the surgery close by, and Dr. Roe examined her—the prisoner was sober—he said he was very sorry that it had occurred, and that he would call on Mrs. Northcroft next day and inquire how she was—I do not know anything about bicycles. Cross-examined. I attended at the Coroner's inquest, which lasted several days—the verdict was "Accidental death." WILLIAM MEW ( Police-Sergeant ). On the evening of March 8th I arrested the defendant—Detective Symes was with me—I said to the prisoner, "We are police officers; we are going to arrest you for causing the death of a lady in Kennington Road yesterday afternoon, about 3.30, by knocking her down with your bicycle"—he said, "How dreadful! Shall I be imprisoned?"—I said, "I do not know"—he said, "The worst of it is, I have no witnesses; the other two cyclists were riding in front of me"—we conveyed him in a cab to Kennington Road Police-station, and on the way he said, "I must have struck her a terrible blow, because it has buckled two of my tubes"—when the charge was read over to him he said nothing—I did not see the bicycle until it was brought to the station. Cross-examined. I did not tell him that whatever he said would be taken down, and might be used in evidence against him—I did not take down what he said; it was so short, I did not think it necessary—I refused to let him have any conversation with his friends or family—I was not the person who said, "It must have struck her a terrific blow"—I did not put one question to him—I did not ask him if his machine had been injured—he did not say, in reply, "Yes; and two tubes are buckled"—I do not ride a bicycle now; I used to—I did not ask him what buckling meant. DR. BLAKE . I know Dr. Edward Ernest William Roe—I saw him here this morning—he has been attending some cases of German measles, and I have come to the conclusion that he has himself been attacked—it would not be advisable for him to come here. SERGEANT MEW ( Re-examined ). I was in Court when Dr. Roe gave his evidence before the Magistrate—I saw him sign his depositeon—this is it—( Read: "I live at 153, Kennington Park Road, registered madical prac titioner. About 3.45 p.m. on March 7th, at 175, Kennington P✗rk Road, I saw Ellen Northcroft. She was quite unconscious, suffering from con cussion. I sent her home on the ambulance. About 7.30 I saw her at her home. She was then partially conscious. About 10.30 I went there again, and found her dead. About Sunday, March 11th, I made a post-mortem examination at the request of the Coroner. The cause of death, in my opinion, was shock, caused by fracture to the skull and injury to the brain. Those injuries might have been caused by her falling, and by her head being knocked against the road. Cross-examined: She was not in a healthy condition; there was fatty degeneration of the heart; the lungs were both congested, the result of the injuries to the head; the liver and heart were both enlarged, and she had five gall stones; she was suffering from chronic Bright's diseasee and she had a tumour. The external injuries I found were a small graz, on the left knee, and effusion of blood over and round the left eye. A slight shock to a person in her state of health would be much more serious than a more severe shock to a person in more robust health. I found no external wound on the head. I believe the roadway between the tram-lines in Kennington Road is paved with granite; I am not sure The injuries I found were not consistent with the fact that the impact between her and the bicycle was slight; there was nothing to show whether it was slight or not. I should not think being simply pushed, and falling so that her head struck the pavement, would be sufficient to account for the injuries; it would depend entirely upon the force with which her head struck the pavement. She was a woman of heavy build. Re-examined: She was about 13 stone, and her height 5 ft. 6 in. The fracture of the skull extended right through the base of the skull to the middle line, about 5 in. The base of the brain was very much bruised, and there was haemorrhage into the substance; even in a healthy person such an injury as that would, I think, have been fatal.") The bicycle was here brought into Courts and the prisoner placed on it, to show that it was much too small for him. MR. REID submitted that there was no case, as the prisoner was not engaged in an unlawful act, and it was obligatory for the Crown to show that he was performing an unlawful act with such grots and culpable negligence as to render him liable. MR. JUSTICE LAWRANCE ruled that it was entirely for the JURY . Witnesses for the Defence. FREDERICK KINGDOM . I live at 278, Brixton Road, with my father, who is a greengrocer—I am a cyclist, and have ridden for about five years—I ride for the Star newspaper, and have done so for about 16 months—on March 7th I was going along the Kennington Road with the prisoner and Ricketts, coming from the newspaper office, with papers on our backs—the defendant had no papers; he was not employed with me—about 12 or 15 yards in front of us we saw the women in tho road—we rang our bells and shouted, and the daughter halloaed out "Mother!"—I did not see the lady actually hit, as I was in front of the defendant, and Ricketts was in front of me—I was nearest the kerb, the defendant in the middle, and Ricketts on the right side—we were going about 9 or 10 miles an hour—I crossed to the near side of the deceased; Ricketts passed he before I did—I cannot say which side he passed her on; she was about three yards from me when I passed her—when we rang our bells she seemed to hurry a bit—T was riding my own machine—the shop from where we got the papers to the scene of the accident is about three-quarters of a mile—we left with the papers about 3 or 3.15, I cannot say for certain—we were going to the Swan at Stockwell—no other papers have publishing offices on the Surrey side of the river—there was no need for us to go at any great pace. Cross-examined. We have got to get to the Swan before the other papers—it may be three miles to the Swan; I am no judge—they do not always tell us at the office that we have to get there first, only on some special day—I was bending my back a bit—I had dropped handles—my machine was geared to 77 in., I had no brake—I should not call that a high gear; a high gear is 96, 108 or 112; they go up to 200, but you cannot get along fast on a 200 gear; about 90 would be about the fastest—the higher the gear the fewer the revolutions—the prisoner's machine was a light machine—I should not call it a racing machine—it is geared to 80 1/2, which is too high for road racing. Re-examined. On this day there was no special war news or racing, SAMUEL RICKETTS . I work for my father, a builder, in the Clapham Road—on March 7th I was with the last witness and the prisoner in the afternoon, each of us on bicycles—the prisoner and I are both members of a local cycling club—on this day the prisoner and I rode together to a refreshment shop in Blackfriars, where I saw the last witness—I was at that time engaged in the afternoons in carrying newspaper for the Star —we went to Pocock Street for the early edition, which was issued about 3.15—we got our papers, got on our machines, and rode away with the prisoner—we went into the Kennington Road—I was in front, and Kingdom next to me on the left, and the prisoner was on the right, and a little behind; Kingdom was also slightly to the rear—the prisoner was behind all the time till the accident—his front wheel was up to my back wheel—I was on the prisoner's machine, and he was on mine—there were two bells on my machine, the one the prisoner was riding—we were riding at from 9 to 10 miles an hour—that was about the pace we kept the whole way—all of a sudden, about 12 or 15 yards in front of me, I saw the deceased coming out into the middle of the road—I shouted and rang my bell, and so did the prisoner—I managed to steer clear of her—she was on my right as I passed her—I turned round and came back—I did not actuahy see her leave the footpath—when we shouted she tried to quicken her pace, and succeeded in getting by Kingdom and I—I was on the wood paving—when I saw the deceased I back-pedalled—it is not true that we put on a spurt—9 or 10 miles an hour would be as fast as I could go on that machine—I could only just reach the pedals—there was no brake to the machine—it was geared to 112, which makes it harder to stop—you have not got so much command over a high gear as you have over a low one—there was no reason on that day why we should get to the Swan very quickly; there were no big races on then. Cross-examined. The war was on then—we began to go a little faster when we got into the Kenniugton Road, because the road is better—my own machine is geared to 84—I was riding with dropped handles and no brake—I always ride with my saddle right down in the socket—these handle-bars are not the same as were on the machine on that day, but ones similar to these—there was no brake—the top and bottom bars were buckled—the top bar was slightly buckled before—I have not said so before to-day. WILLIAM MAY . I am a cyclemaker, of 324, Clapham Road—I repaired the damage which was done to the machine which was being ridden by the prisoner on this day—the top and bottom tubes were slightly buckled, nothing else—a medium blow would do the damage—it would not be necessary for the machine to have been driven at a very furious pace to cause the damage—the machine was built for a light boy—it is a racing machine with roadster tyres—a roadster tyre is heavier than a racing tyre—being light, the machine would more easily buckle than a heavier machine—this is a 21 in. frame; a frame for a man of the prisoner's height should be 29 in. or 30 in.—I have seen the prisoner on this machine—I should think it would be impossible for him to get anything like a pace of 18 to 20 miles out of that machine—I think the best pace would be from 10 to 12 at the outside—it is too small for him—they can not get the pace with their legs bent—the best unpaced road record is about 25 miles an hour under the best suitable conditions—a short person might get 14 or 15 miles at the most out of this machine—the average gear is about 78 in.; 84 is rather high—I was approached by the Crown in this case, and I made a statement—the machine was brought to me on the day of the accident to be repaired, and then brought in again after it had been ridden home. Cross-examined. I told the Treasury it was a racing machine—it does not fit the prisoner—he had perfect control over it in some points. The Prisoner, in his defence, on oath, said that he tried to avoid the deceased; that he put his feet to the ground to stop the machine; that he was only going at 9 or 10 miles an hour and that it would be impossible for him to go 16 or 18 miles an hour on that machine. NOT GUILTY . ADJOURNED TO MONDAY, MAY 21ST , 1900.

OBP

19000430

17970531

TAKEN IN SHORT-HAND BY WILLIAM RAMSEY , AND Published by Authority. LONDON: Printed and published by W. WILSON, No. 15, St. Peter's-Hill, Little Knight-Rider-Street, Doctors' Commons. 1797. THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY OF LONDON, &c. BEFORE BROOK WATSON , Esq. LORD MAYOR of the City of LONDON; the Right Honourable Sir RICHARD PERRYN , Knight, one of the Barons of His Majesty's Court of Exchequer; the Right Honourable Sir NASH GROSE , Knight, one of the Justices of His Majesty's Court of King's Bench; Sir JOHN WILLIAM ROSE , Knight, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common-Serjeant at Law, of the said City; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX. London jury. Alexander Smith , John Murphy , William Smart , Thomas Clark , John Ford , Osborn Eardswell , James Poynton , Edino Boughton , George Noon , John Francis , Henry Beadle , John Vandenbergh . First Middlesex jury. John Crookshanks , Thomas Oldfield , Robert Martin , Charles Reeve , Matthew Burnet , Benjamin Ayres , John Gooch , Philip Gornall , Peter Osborne , Thomas Hodgson , John King , David Pollock . Second Middlesex jury. Thomas Shingler , Jonathan Haughton , Thomas Ballard , John Smith , Henry Slack , James Rowe , William Rothwell , Hugh Goldicutt , William Dickins , Joseph Probert , Francis Laking , Christopher Coates . 360. MARTIN CLINCH and JAMES MACKLY were indicted for the wilful murder of Sidey Fryer , Esq . on the 7th of May . (The indictment was opened by Mr. Abbott, and the case by Mr. Knowlys). Miss ANN FRYER sworn. - Examined by Mr. Ward. Q. I believe you are a relation to the unfortunate young gentleman, who is deceased. - A. Yes; cousin. Q. I believe, on Sunday the 7th of May, you and your cousin went out together? - A. Yes. Q. Be so good as state slowly all that took place on that evening? - A. We set out from Southampton-buildings, Holborn, and walked through the fields beyond White Conduit-house, towards Islington . Q. How far had you got beyond White Conduit-house when any thing struck you as worthy of alarm? - A. To where the unfortunate accident happened, about three quarters of a mile. Q. Inform these gentlemen of the Jury the manner in which the accident took place? - A. When we came to the style, near which the accident happened, I observed to Mr. Fryer that I heard a noise. Q. From whence did that noise proceed? - A. From the right hand; and he stopped with me to listen; he said, there is, and immediately went over the stile to where he thought the voice proceeded from. Q. How far were you from the stile when you observed to Mr. Fryer that you heard this noise? - A. About four yards. Q. Immediately upon your making that observation, Mr. Fryer went over the stile? - A. Yes. Q. What did you do when Mr. Fryer went over the stile? - A. I followed him towards the stile. Q. When you came up to the stile, what did you observe? - A. I saw a man, I think, about four yards on the other side of the stile. Q. Do you mean by that, that you saw the man at the time you came up to the stile, before any thing took place? - A. Yes. Q. Had you an opportunity of observing him at that time? - A. Yes; Mr. Fryer asked him what he was doing; the man spoke to him, but I cannot tell what he said. Q. What did you then observe? - A. He shot him. Q. How near was Mr. Fryer to him at this time? - A. The man was quite close to him, and put the pistol under his hat. Q. Do you mean that you saw the pistol? - A. A. I saw the flash that proceeded from it, and heard the report, but did not see the pistol, because his hand was over it. Q. As soon as it was fired, what was the consequence? - A. Mr. Fryer immediately fell. Q. Where did he fall? - A. Into a small pond. Q. Was it on your right or your left hand? - A. On my right hand. Q. Then Mr. Fryer had his back towards you? - A. No; he stood side ways, and the man stood with his face towards me. Q. Had you then an opportunity of observing his face? - A. Yes. Q. The upper part of his face? - A. Yes. Q. Was any thing about the lower part of his face? - A. Yes; a silk handkerchief. Q. How high did the silk handkerchief come up? - A. It covered his mouth. Q. What then took place? - A. When Mr. Fryer fell into the pond, the man that had discharged the pistol advanced towards me, and then turned on his left towards the pond, and took the watch out of Mr. Fryer's pocket; then he came to me. Q. You had never changed your position? - A. No; I had never left the stile. Court. Q. You were standing on a different side of the stile from Mr. Fryer? - A. Yes. Mr. Ward. Q. You were close to the stile, though you did not get over? - A. Yes; he then came up to me with a pistol, and desired me to deliver my money; my hand trembled, and I could not get to my pocket, he said, make haste, give me your money; and I gave him my purse, with some money in it; he then went off, and I got over the stile. Q. As soon as you got over the stile, did any thing else happen? - A. About three or four yards from the stile, I met another man; he asked me for my money, I told him I had given it. Q. Did he make any reply? - A. He said, give me your cloak. Q. Did you give him your cloak? - A. I do not know whether he took it, or I gave it him; and then the man, that shot Mr. Fryer, said, come on. Q. Did they both go away together? - A. He followed him, when he called to him to come on. Q. Had you any opportunity of observing the features of the second man? - A. I did not observe his countenance. Court. Q. Not so as to be able to know him again? - A. No, not by his countenance; his person I recollect. Mr. Ward. Q. As accurately, as you can recollect, describe the first man? - A. He was rather inclined to be lusty. Q. Was he tall or short? - A. A middle-sized man. Q. When did you first see that man again? - A. At Worship-street. Q. Look at the prisoners at the bar, and see if either of them is that man? - A. Yes; the shortest man in the blue coat(Clinch), I believe, from my soul, to be the man. Q. Have you any doubt, in your own mind, that the man in the blue coat is the man whom you observed previous to your going up to the stile, whom you saw shoot Mr. Fryer, and afterwards rob you? - A. No, I have no doubt. Q. With respect to the other man, be so good as describe him as well as you can? - A. He was a tall man, a great deal taller than the other man. Q. Where did you see him again? - A. At Worship-street; the prisoner quite resembles him in his person, but I did not see his countenance. Q. The tallest man at the bar resembles that man? - A. Yes. Q. Were these the first men that you saw, to examine whether they were the men that had committed this offence? - A. No; I saw three men at Bow-street. I was sure they were not the men; I saw them on the 16th of May, before the sitting Magistrates. Q. Did you see the deceased shortly after? - A. Yes. Q. Was there any wound? - A. Yes; I saw his head bloody in the field, but I did not look at the wound then, I spoke to him, but he could not answer. Cross-examined by Mr. Const. Q. I observe you speak very positively to the person of one of those men-have you always been as certain? - A. Yes; from the first time I saw him. Q. You mean when he was in custody? - A. Yes. Q. Had you sufficient recollection of the persons as to describe them? - A. I did, within two days after the accident happened. Q. To whom? - A. To a relation of Mr. Fryer's, and another person. Q. Are either of these gentlemen here? - A. Yes, Mr. Brown is. Q. Describe him now? - A. The upper part of his face appeared to be very broad, and he was rather lusty. Q. If I understood you right, you said he had a silk handkerchief over his face, from his nostrils down? - A. It might be so, but I said over his mouth. Q. Had he a flapped hat? - A. A round hat. Q. Therefore you could see but a small part of his face? - A. I could see half his face. Q. That part of it that was between the hat and the top of the handkerchief, no more than that? - A. No. Q. You saw the middle part of his face? - A. I saw his eyes, and part of his forehead. Q. Did you observe what hair he had? - A. No, not the colour of his hair. Q. Can you take upon you now to say, whether the man, you described, had short hair or long, from your recollection, I mean? - A. I am pretty sure he had long hair. Q. The pistol you could not see? - A. No. Q. It was a dark evening? - A. No; it was a very fine evening; it had been a bad day, but it had cleared up. Q. When the flash took your attention, you could have seen the pistol? - A. No; his hand covered almost the whole of it. Q. Then you did not see any part of it, not the barrel of it? - A. No. Q. Do you remember afterwards going to a public-house there, a Mr. Rice's? - A. I do not know the name, I went into a public-house. Q. Do not you remember enquiries, natural one's, being made of you, to describe the persons? - A. I do not remember that there were. Q. Do you recollect being asked what kind of persons they were? - A. No. Q. Do you recollect whether you said you could not at all describe them? - A. I do not recollect. Q. Will you take upon you to say that you did not say so? - A. No; I was much confused. Q. You staid there, I believe, more than an hour? - A. I do not think I did stay so long; I thought that was of no service when the surgeon came; I could not give any account of it that day, not the day after. Q. You must have been quite as much confused the moment of the accident? - A. No; I was more collected, upon the instant, a great deal, than I was afterwards; I was so collected, that I sent for persons to his assistance, and for a surgeon to take care of his wound. Q. I understand you, that, at the time it happened, and when Mr. Fryer lay in this disagreeable situation, you were so collected, as to observe all these circumstances, and yet afterwards, when you had disposed of him as properly as you could, you could not recollect circumstances so strongly as you had before? - A. No; I was not asked to give an account of his person, though his person was never out of my mind. Q. I am speaking of the time when Mr. Fryer received his accident? - A. I was collected enough to observe every thing that passed. Court. Q. That is, that you were more collected at the time of the accident, than you were afterwards? - A. Yes. Q. Your first examination was before the Coroner? - A. Yes. Q. Did you give your evidence then as accurately as now? - A. I believe I described the money I had in my pocket; I said I could not describe their features; I was asked if I should know the men; I said, I could not describe them, but I believed one was lusty, and had on a darkish coat. Q. Did you use words like these, that you could not take upon you to describe either of them, but that you thought they were both lusty, and one in a dark coloured coat? - A. I believe I did not say both, I said, one was lusty; I am pretty sure I did not say both. Q. Will you take upon yourself to say, upon your oath, that you did not say they were both lusty? - A. I cannot say that I said so before the Coroner, nor I cannot say now, that they were both lusty, or that they were not. Court. Q. You do not think you did say so before the Coroner, that they were both lusty? - A. No, I did not think I did. Court. Q. Can you take upon you to say whether before the Coroner you described their persons? - A. I cannot believe that I said they were both lusty. Mr. Const. Q. When he came up to you, you say he held a pistol to you? - A. Yes. Q. Did you see the pistol then? - A. It was something, I have no doubt it was a pistol, it was very short. Q. You only think it was a pistol, because it was very short? - A. I have no doubt it was a pistol. Q. Merely from that circumstance? - A. I saw that it was short, and I have no doubt of it; I supposed it was the pistol he had shot Mr. Fryer with. Q. Then you know it was discharged? - A. Yes, it was discharged. Q. Whatever you said before the Coroner, you signed and left it? - A. Yes. Q. How long was that after the accident happened? - A. I think it was the very next day, on the Monday. Q. The first place at which you saw these men was at Bow-street? - A. No; Worship-street. Q. Were you as positive to them the first time you saw them as you are now? - A. Yes, I was, indeed. Q. Then afterwards you saw them at Bow-street? - A. No, I did not. Q. Was your examination taken down the first time you were there? - A. I fancy it was. Q. Did you sign it there the first time? - A. I believe I did; yes, I did. Q. Were you there more than once? - A. I was there twice. Q. Did you sign any deposition the second time? - A. No, I did not. Q. These men were not taken up from any information you gave of them? - A. No. Q. You found them in custody? - A. Yes. Mr. Ward. Q. You were examined before the Coroner the day after the accident? - A. Yes. Q. What was your state of mind at that time? - A. Very much agitated of course upon such an occasion. Q. Were you as collected as you were before? - A. No. (The examination before the Coroner read.) Middlesex to wit. Depositions of witnesses, taken the 8th of May, 1797, at the house of William Rice , the sign of the King's-arms, in Park-place, in the parish of St. Mary, Islington, in the said County, on view of the body of Sidey Fryer , Esq. ANN FRYER (being sworn and examined upon her oath) saith, that the deceased was a relation to this deponent; that a little before the hour of eight yesterday evening, the deceased and deponent took a walk together into the fields, near White Conduit-house; that, about half-past eight, as the deceased and this deponent came along the foot-path, leading from White Conduit-house to the back road; when they came to a stile near the field, called Cricket-field, and in a field, called Work-housefield, they heard a noise of a female as if in distress; that deponent had expressed an alarm, at going across the field at so late an hour, that the deceased got over the stile, and the deponent stopped close to the stile, when she saw a man with a silk handkerchief tied over the lower part of his face, and a pistol in his hand; some words past, but the deponent, not having come over the stile, could not distinguish what they were; almost at that instant, the man fired a pistol at the head of the deceased, and he fell into a pond; the man took the watch out of his pocket, and then came to her, and took from her a leather purse, with ten shillings in silver in it; that deponent was going to the assistance of the deceased, when another man came up to her, and bid her deliver her money, but does not recollect whether the second man had a pistol, but he also had a coloured handkerchief, and upon deponent saying, that she had given all she had, he took a black silk cloak from her shoulders, and then ran off together, but from her confusion, she did not observe which way they went; that she sent for Mr. Jefferson, a surgeon, that the deceased died about eleven o'clock the same evening; deponent cannot describe the men, but thinks they were both lusty, and one had a dark coloured coat on. JOHN JEFFERSON sworn. - I am a surgeon, I was called upon on the 7th of May, to attend a gentleman who had been wounded. Q. Where was he wounded? - A. A little above the left temple. Q. Was that wound the occasion of his death? - A. I have not the least doubt of it. ELIZABETH GODDARD sworn. - Examined by Mr. Knowlys. Q. I believe you and your husband have a house at Paradise-row, Islington? - A. Yes. Q. Were you returning towards town? - A. Yes; we came out about twenty minutes before eight o'clock. Q. Was Mr. Goddard and your sons with you? - A. Yes, they were. Q. Tell us what happened? - A. Before I came to the bank, across the first or second field, I saw a man on the other side; we came up to the bank, I was going to get over the bank, but on seeing the man, I drew back, and got over at another part of the bank; I crossed the lane, and came to a rail step, and crept through it, and I directly saw another man in the lane, who went up the lane, we passed by, and saw them no more. Q. Was that lane a thoroughfare or not? - A. I fancy it is no thoroughfare; if it is, it is a very private one. Q. Did any thing draw your attention to these men, to look at them? - A. Not particularly. Q. Did you look at them? - A. I did not look at them before I came to the bank, but not so as to know them. Q. Did you afterwards see any persons at Worship-street? - A. Yes; I saw two there, and I thought, to the best of my recollection, one was the person I saw go up the lane. Q. Did you observe how he was dressed? - A. Not particularly; I saw the side of his face, and I thought he had carrotty hair, and his hat was rather over his face. Q. Did you observe the dress of the other man? - A. I observed the dress of the other man more than I did of him. Q. How was he dressed? - A. He had a brown coat on and a light waistcoat; whether it was white or something mixed, I do not know. Q. Do you see any body in Court That you think at all resemble those persons? - A. (Looks at the prisoners). That man in the carrotty hair is very like the person I described, but I don't attempt to say it is; I think he is very like the persons. I saw in the lane, put I don't pretend to say it is him. Q. Can you say any thing with respect to the other man? - A. I cannot say exactly, I saw both their faces, but I did not take any notice of them; it was the man with the carrotty hair that went up the lane. Q. Have you seen the spot where this unfortunate affair happened? - A. I have seen the spot. Q. How far is the lane from that spot? - A. I can hardly tell, it may be upwards of 200 yards, or there abouts. Q. At what time was this? - A. It was about twenty minutes before eight, when I left my house, and it is not above ten minutes walk from my house to the lane. Q. Cross-examined by Mr. Knapp. Q. You never saw the faces of them? - A. I saw both their faces, but I did not take particular notice of them. Court. Q. Did you see them pretty plain? - A. Very plain; but I did not take that particular notice. Q. Did you take notice of the height of them? - A. Yes; one was taller than the other, much. Q. Now, who was the tallest? - A. Him with the red hair, him that was in the lane. ROBERT GODDARD sworn. - Examined by Mr. Ward. Q. I believe you were walking with your wife, from your house, in Paradise-row, on the 7th of May? - A. Yes. Q. In the course of that walk, did you observe any men? - A. Yes, I did; I observed two men, it was about half past seven o'clock. Q. Describe the place where you saw those two men? - A. The place was in a lane; there is a path runs across, which leads to Copenhagen-house, it is within a field or two of Paradise-row, Islington. Q. Do you know the name of the lane? - A. I don't know the name of the lane. Q. You have seen the spot where this unfortunate transaction took place? - A. Yes. Q. Who pointed out the place to you? - A. Miss Fryer. Q. How far do you suppose the place, where you saw those two men, was from the place Miss Fryer pointed out to you? - A. Nearly two hundred yards, as near as I can imagine. Q. Was it further from London or nearer? - A. Further from London. - As we were coming from Paradise-row, we observed one man standing in the lane opposite to us as we were on one side of the bank, and when we got up to the bank it was very high, and I found it was a very difficult matter to get over; I told Mrs. Goddard it would be impossible for her to get over at that place; I jumped over the bank myself, and the man turned his back upon me; I went round the corner to assist my wife down the bank, and I saw another man come over the stile into the lane, with red hair, a tall thin man; I then went into the next field, and lost sight of them; the one with red hair went down a little lane where there was no foot-path. Q. Has the lane a thoroughfare? - A. There is no regular foot-path, it is between two hedges. Q. Have you ever seen, since that day, any men resembling the men you saw on that day? - A. I have seen two men since these, at Mr. Floud's office, in Worship street, that very much resembled those two I saw at the bank; but I am not positive they were the men I saw at the Justice's that I saw at the bank. Q. Look at the prisoners? - A. I am not confident whether those men are the men; I know they are a good deal like them. Q. Was the evening light? - A. At the time I saw them it was perfectly light. Q. Did you ever observe to any person before, or when you came to the office in Worship-street, the colour of the hair of one of the prisoners? - A. When I was asked the question I described the colour of the hair before I saw the man. Cross-examined by Mr. Gurney. Q. You say those two men are a good deal like the men you saw near the spot? - A. I cannot say they are. Q. At this time it was light? - A. Yes, it was light. Court. Q. What difference was there in the height of the two men? - A. One was a good deal taller than the other. Q. One was thinner and taller than the other? - A. One was taller than the other. ROBERT GODDARD (the younger) sworn. - Examined by Mr. Abbott. Q. Were you walking with your father and mother, and your brother, on the 7th of May? - A. Yes. Q. Did you see any men about the lane? - A. I saw one man. Q. Where? - A. Within two hundred yards of the spot where the murder was committed, near a bank, in a lane. Q. Did you take any notice of the person of the man you saw? - A. Yes, I did a little. Q. Describe him? - A. He was rather a short man, and thick set. Q. Did you go to the Magistrate's office in Worship-street? - A. Yes. Q. Did you make any observation on any man there? - A. I saw the prisoner, Clinch, there; I believe him to be the man. Q. Did you go on as far as White Conduit-house with your father? - A. Yes; the party separated there, and my brother went back. Q. Did any one of you happen to take out a watch to see what o'clock it was at White Conduit-house? - A. Yes, I did; and as near as I can recollect, it wanted five minutes to eight. Cross-examined by Mr. Alley. Q. How far distance were you from the men you observed? - A. I was within three or four yards. Q. Was it dark or light at that time? - A. It was not dark. Q. Did you see other people walking at that time? - A. I saw very few. Q. Do you recollect any of the others that you saw? - A. No. Q. Do you recollect the prisoners at the bar? - A. I recollect one; the person that I saw was standing with his back towards me; I had no opportunity of observing his countenance. Mr. Ward. Q. Did you look at the back of the man you saw at Worship-street? - A. Yes, but I did not take much notice of him; when I saw the man by the bank I was stopping to get over the ditch. Q. Did you stop when you met any other person in the course of your walk? - A. No. GEORGE GODDARD (the younger) sworn. - Examined by Mr. Knowlys. Q. How old are you? - A. I am thirteen years of age. Q. Were you walking with your father and mother on Sunday the 7th of May last? - A. Yes, I was. Q. Did you see any persons in your way as you were walking? - A. Yes; I saw two men. Q. Did you take any notice of them, so as to be able to know them again? - A. Not particularly. Q. How far did you go with your father and mother? - A. To white Conduit-house. Q. Did you go to twon with them? - A. No; I returned back to Paradise-row. Q. Have you seen, since this business, the spot where the murder was committed? - A. Yes. Cross-examined by Mr. Const. Q. Did you observe, on your return back from white Conduit-house, any persons? - A. I saw two men sitting, about ten yards from the stile where the murder was committed, on a bank. Q. Did you look at them? - A. Yes, I did. Q. Were you able to see their faces? - A. NO, I was not. Q. What were they doing? - A. They seemed to be knocking two stones together. Q. Did you see any men at Worship-street? - Yes. Q. Now, upon the observation you took of the men you saw on the bank, could you say they were like those men you saw at the office in Worship-street? - A. I did not see their faces; I observed one had a brown great coat on, and their hats flapped over their faces. Q. How were they dressed? - A. One had a brown great coat on, and a light coloured waistcoat; I did not take much notice of them. Q. Have you any recollection of the men-look at them, were they the two that you saw near the stile? - A. No; I cannot say they were. SAMUEL HARPER sworn. - Examined by Mr. Ward. Q. You are an officer belonging to the Police-office, Worship-street? - A. Yes, I am. Q. In consequence of some information, did you apprehend either of the prisoners at the bar? - A. On the 16th of May, in consequence of an information, I, and Mr. Armstrong, and some other officers, went to the Weavers-arms, Crown-street, near Finsbury-square, and there we saw Clinch, and one Smith, that is not now at the bar; we told Smith and Clinch that we had an information against them, and they must both go to the office in Worship street; we took them to our office, and they were committed that evening upon a general charge; the next evening we went out again, in pursuit of the other person, and at the Magpie and Stump, in Sun-street, I and the other officers stopped at the door, and Armstrong went in, and brought out the prisoner Mackly, and secured him; after that they were brought up, and some people came-the first time of their examination, I believe the young lady was not there; the second time, she was. Cross-examined by Mr. Knapp. Q. In point of fact, the prisoners were not apprehended for this crime? - A. Yes, that was my information; I told the Magistrates so at the time. Q. Mackly was let out upon an undertaking given by some persons that he should appear? - A. I believe he was. Q. Was Mackly discharged in consequence of that? - A. He was. Q. That was the case the first time? - A. I don't believe it happened more than once. Q. The prisoner Mackly was the person who was discharged on other persons undertaking for his appearance? - A. I believe he was; but Miss Fryer had not been there at all at that time. Q. But altho' she was not there at the first time, when she did appear at the second examination, did Mackly appear? - A. Yes, he did. Court. Q. Were you present when Miss Fryer first saw the prisoner Mackly? - A. Yes. Q. Did it appear to you that she knew him? - A. I believe she did; I have very little doubt but she did. Q. She fixed upon him immediately? - A. Yes; not positively swearing, but believing him to be the person that came up to her the second time and robbed her of her cloak, after she had been robbed by Clinch. Q. How were the prisoners situated? - A. The prisoners were all sitting in the bar with their hats on, and as soon as the Magistrates asked her the question, she directly fixed upon and swore to Clinch being the man positively; and after she had swore to them they got up from their seats, and when it came to her turn to be asked the question, she positively swore to Clinch before the Magistrates, in their hearing, close to them. Mr. Knapp. Q. There was no property found upon the prisoners? - A. None at all, but a little money; I searched them both. JOHN ARMSTRONG sworn. - Examined by Mr. Abbot. Q. Did you go with the last witness, Harper, when they apprehended the prisoners? - A. I did, to the Weavers' arms, Crown-street, Moorfields, on Tuesday, the 16th of May; I assisted, in company with Ray, Peach, and Harper, in apprehending Clinch. Q. Did you search the prisoners? - A. I did not search the prisoners at all. On the 17th, I apprehended Mackly, but nothing passed. WILLIAM BLACKITER sworn. - Examined by Mr. Knowlys. Q. What are you? - A. I am one of the officers belonging to the office, Worship-street. Q. Were you present at any time when the prisoners were in custody? - A. On Tuesday, the 23d of May, I was sitting in a back room belonging to the office, with Clinch, the public-house was next door to the office, and he asked me to drink; I said I could not drink any thing; I said this was a bad affair to him; he said, it is a good thing I had none of the things with me, or else I would have blown some of their brains out; I said it was a very lucky thing for me that I was sent with a message to the General Post-office, or else I might have blundered in first, and I might have received the contents; and that it was a very lucky thing for the other officers that he had not the things with him, or else he would have blown their brains out. Cross-examined by Mr. Gurney. Q. Were you present at the apprehension of Clinch? - A. I was not present at the apprehension of Clinch. Q. You know there is a charge, not only of this murder, but there is a charge for robbing Miss Fryer? - A. I did not know it till this present day. Q. Do you or do you not know there is? - A. I know now that there is. Q. Had you not heard that Miss Fryer had been robbed? - A. No, not at that time. Q. At the same time that you heard of the murder, had you not heard the gentleman's watch had been taken? - A. No, I had not. Q. Had you heard of the transaction of the murder of Mr. Fryer? - A. Yes, I had. Q. Do you mean to tell me, at the time you heard of that, you did not hear that Mr. Fryer and Miss Fryer were both of them robbed? - A. I have heard since, but not then. Q. You did not hear of their being robbed? - A. No; I did not hear there had been a robbery at the time of the murder of Mr. Fryer; I had no thoughts of being a witness. Q. Nobody was present when this conversation passed between you and the prisoner, Clinch? - A. Nobody. Mr. Knowlys. Q. When did you first mention this? - A. I mentioned it to Mr. Armstrong. Q. How soon did you mention it to the gentlemen concerned for the prosecution? - A. I mentioned it long before any indictment was preferred. ( JOHN FLOUD , Esq. was called, but his evidence was objected to). Clinch's defence. I am innocent of it, I have nothing to offer, I leave it to my Counsel. Mackly's defence. I know nothing about it. For the Prisoners. WILLIAM RICE sworn. - Examined by Mr. Ally. Q. What are you? - A. I keep the public-house the deceased was brought to, the King's arms, the corner of Park-place. Q. Do you recollect the prosecutrix being there at the time the deceased was there? - A. I believe I was the first person that she came up to when she came across the fields; the lady said, there was a gentleman killed in the fields; I alarmed my neighbours, all that I could collect together, in the neighbourhood, and went to the spot. Q. What conversation passed, while the lady was there? - A. After she returned to my house, she told me she could not tell what kind of people they were. Q. What answer did she give you? - A. she told me she could not tell, that they were three young men she believed, but they had something over their faces; that she could not give any description of them; that they had something over their mouths; I told the lady it was just about the time of the Bow-street patrols coming, and I could almost answer to their being upon the spot; it proved they were there before any body returned. Cross-examined by Mr. Alley. Q. At the time the lady made use of this declaration, had she her senses or recollection about her? - A. she seemed very much agitated; I asked after that, and said, there are people about, we can dispatch them different ways, if you can give us any description of the men; she said, she certainly could not; that they had something over their faces, and had darkish coloured coats on. Q. How long might she have been in your house? - A. As much as an hour, or an hour and a half; or an hour at least. Q. Had she any refreshment during the time she was in your house? - A. Not that I know of. Q. Did she continue in the same opinion? - A. she continued in the same opinion during the time she was in my house. Mr. Knowlys. Q. The poor lady was in great distress at that time? - A. she was; she was kept from the wounded gentleman as much as possible; I believe the surgeon was in the house within five minutes after the deceased was brought in. Court. Gentlemen of the Jury. This is an indictment against the prisoners at the bar, charging Martin Clinch with having discharged a pistol at Mr. Fryer the deceased; and that that pistol having given a wound, was the cause of his death; and it charges James Mackly with being present, aiding, abetting, and assisting the other prisoner, Martin Clinch , in this fact. In short, the indictment charges both of the prisoners at the bar with murder; and it is my duty to tell you, in point of law, that wherever it appears that one subject of the realm has deprived another of life, the law presumes it was malice aforethought, unless the contrary appears, and calls upon the person who kills the other, to shew there was some reason or justification for his so doing. You observe here are two persons charged, one for killing, and the other for aiding and abetting him in so killing-the law is, that if two persons or more go out on an unlawful purpose, to commit a felony, and one or the other of them kills a person, in such a way as to make it murder in him that kills, it is not only murder in him that kills, but also in all that are present, aiding, abetting, and assisting him; and it would not signify in this case, in reality, if it was to turn out in evidence before you, that Mackly was the person who committed the murder, and that Clinch was aiding and abetting; if they were there both together for an unlawful purpose, and in the prosecution so that unlawful purpose they committed the murder, they will both be equally guilty. But, however, Gentlemen, that is not a matter of distinction necessary for you to attend to here, because, if by and by, you should give such credit to the evidence, and undoubtedly, if you believe the witnesses, it clearly appears that Clinch is the man who committed the fact, and the other is the man who is stated to have been present at the time. The first question I would draw your attention to is this, whether or not, a murder has been committed? and when you have satisfied your minds that a murder has been committed, whether both or either of the prisoners at the bar were concerned or guilty of that murder? if it should turn out that one of them is not, then you will make a distinction in your verdict. Gentlemen, I will just state to you, in this case, one observation, and I would wish you to carry that observation in your minds throughout; you will find that this case will very much depend upon the evidence of the lady who has been examined. It generally happens, that the person robbed, is at the time of the robbery, exceedingly agitated, and, unless they are acquainted with the party robbing before-hand, it is sometimes extremely difficult afterwards to swear to the person; we all know, that an act of this sort is attended with great terrors, particularly if the person happens to be a female; one does not at all wonder at it, and for that reason, where there is only one person in company, who can speak to the fact, surely we must hear the evidence with great attention, and great distrust, not as to the honesty and fairness of the witness, but as to that sort of uncertainty in which the humane mind is frequently under in cases of fear, which may not make such an impression on the mind; for which reason I always look for, and I am very happy when I find some corroborating circumstances to shew, that the person robbed is not mistaken, as to the person of the party robbing, and if part of the property can be traced, or if any other person swears to the persons of the prisoners, or if any body can be found, that can swear that the persons charged with the robbery, were at or about the spot at the time, all these circumstances of corroboration very much deserve, nay, indeed, require the attention of a Jury. Gentlemen, having said so much, I will read to you the evidence; I will now say, that the evidence, as to the identity of the prisoners, is from Miss Fryer, who was present, and then there are some witnesses called to you, and it is for you to judge how far they will corroborate her evidence; you heard her, and I am very happy to observe, that you heard her attentively; I will not make a comment on her evidence, I will simply read it, and it will be for you to judge, whether a better and more distinct account could be given by a female, under the circumstance in which she was, and under which she has now been examined. Here the learned Judge summed up the evidence, when the Jury, having retired about half an hour, returned with a verdict. Clinch, GUILTY Death . (Aged 22.) Mackly, GUILTY Death. (Aged 22.) Tried by the first Middlesex Jury, before Mr. Justice GROSE. 361. MARY JONES was indicted for feloniously stealing, on the 18th of May , a base-metal sleeve button, value 2d. eleven shillings, four sixpences, a dollar, and six copper halfpence , the property of Nicholas Keller . NICHOLAS KELLER (the prosecutor) being a foreigner, an interpreter was sworn. - I was going through Wentworth-Street, Spitalfields , on Sunday evening, between ten and eleven o'clock, and met the prisoner at the bar, she asked me where I was going to. Q. Were you in liquor? - A. Not much; she said I should sleep with her all night for two shillings; I went up in the room with her, and she desired me to undress myself, and I did, and put my breeches under the pillow,and I sat down upon the bed, and she came and tumbled over me, and blowed the candle out, and took the breeches away, and was going off with them; she told me she would fetch some water she was so dry; I missed my breeches and went after her, and caught her on the stair-case, I held her fast, and brought her into the room again; I felt in my pocket, and the money was gone, and then she began to cry for the watch, and so did I, and the watchman came, and I gave charge of her; I had my money in my pocket when I was in the room, and she knew it too, for she felt my breeches before I undressed myself; there were eleven shillings, a dollar, four sixpences and three-pence, and a pair of sleeve buttons. Prisoner. Q. Did not you give me the dollar? - A. No; I was to give two shillings to sleep all night with her. ERNEST UMBACH sworn. - I keep a public-house, the Catherine-wheel, in Catherine-wheel-alley, Whitechapel; the prosecutor is a lodger of mine now, he lodged in Aldersgate-street then; he had but one pint of beer at my house, about ten o'clock that night, but I thought he was in liquor; I saw nothing of him again, till next morning he came from Spitalfields watch-house. THOMAS RITCHIES sworn. - I am a patrol; I heard the alarm, there was a watchman, before me, that had the prisoner in charge, he is not here; we took her to the watch-house, and Mr. Boucher searched her, he took some money from her; he desired me to search her, which I did; I put my hand down her bosom, and this button dropped; I found a shilling in her hand; I then went to the house where she lived, and there I found the fellow of it; the landlord of the house gave it to me.(The buttons were deposed to by the prosecutor.) WILLIAM BOUCHER sworn. - I searched the prisoner in the watch-house, and I observed her put her hand to her right side, she drew it up again doubled in this manner, and said, search me, I have got nothing at all about me; I said, you have got something in your hand, and I insisted upon seeing what it was, I wrenched her hand open and round this dollar, these sixpences, and six halfpence. Prisoner's defence. Last Sunday night, about half past ten, that man attacked me, he said, if I would take him home with me, he would give me a dollar; he went home with me, and pulled me about on the bed, in a very ridiculous manner, and though I am an unfortunate girl, I never saw a man have such actions in my life; he tore my clothes all to pieces, and my money fell out of my pocket, and I had it in my hand, I might have taken the button up in fun. NOT GUILTY . Tried by the first Middlesex Jury, before Mr. Justice GROSE. 362. JOHN HARRIMAN was indicted for forging; on the 16th of February , a certain order for the payment of 10l. which is as follows; No. 398. Manchester, No. 398. Messrs. Pybus, Call, Grant, and Company, Bankers, London. Pay, on demand, Edward Wilkinson , Esq. or bearer, on demand, the sum of ten pounds, value received. Charles Foster , and Company. Manchester, 8th day of February, 1797. Entered, G. Gregory. with intent to defraud Joseph Welch . Second Count. For uttering and publishing the same as true, knowing it to be forged. There being no evidence to negative the existence of the house of Foster and Company at Manchester, the prisoner was ACQUITTED . Tried by the London Jury, before Mr. RECORDER. 363. JOHN HARRIMAN was again indicted for forging, on the 11th of March , a certain order for the payment of five guineas , which is as follows: No. 391. Yarmouth, No. 391. Messrs. Pybus, Call, Grant, and Company, Bankers, London. Pay, on demand, George Hopwood , Esq. or bearer, the sum of five guineas, value received. Thomas Kidd . Yarmouth, 1st day of March, 1797. Entered, S. Jones. with intent to defraud Thomas Nelson . Second Count. For uttering and publishing the same as true, knowing it to be forged. Third and Fourth Counts. The same as the first and second, only with intent to defraud Thomas Kidd . THOMAS HLAL sworn. - I am shopman to Thomas Nelson , in Bishopsgate-street: On Saturday, the 11th of March last, the prisoner at the bar came to the shop between eight and nine o'clock in the evening, and wanted some linen, for shirting, at about two shillings a yard, several pieces were shewn him; he fixed upon one at two shillings and two-pence, and purchased it, twenty-five yards in length; he then asked to look at some silk handkerchiefs, which I shewed him, and sold him two at six shillings; he then presented this note in payment,(produces it); it has been in our custody ever since, except while it went to Yarmouth; it was taken down to Yarmouth by a person who is here; and the person who took it to the Banker's is also here; I wrote upon it Thomas Hall , there was no other name wrote upon it but George Hopwood , that was upon it when I received it; I took particular notice that it had been very much torn at the corners. Q. What is the name of the person who went down to Yarmouth? - A. David Jones; I gave it to him on Friday last, and he returned it to me this morning. Q. What is the man's name to whom it was delivered to carry to the banker's? - A. Walker. Q. Did he return it to you? - A. No; one of the clerks returned it to me. Q. When was it delivered to be carried to the banker's? - A. On the 14th. Q. Did you know it to be the same when it came back from Yarmouth? - A. Yes; by its being a good deal torn, and I took particular notice of the names and number. Q. Did you recollect where it was dated from, and the sum? - A. Yes. Q. Having observed all these circumstances, do you think, upon the whole, you can safely swear that this is the same note that you received from the prisoner? - A. Yes. Q. Did you give him any change? - A. Yes; I did not suspect that it was a bad note. Q. How long might he be with you? - A. About twenty minutes, not more. Q. Have you any doubt about his person? - A. Not the least; as soon as the prisoner had got out, I felt a something, I cannot tell what, that led me to follow the prisoner at the bar; I immediately took my hat, and followed him through Norton falgate, up the Curtain-road, and I saw him go down a small passage; he knocked at the door, or rung the bell, I do not know which; as soon as the door was shut, I took particular notice of the house; my master carried the note to Messrs. Harcourt and Co. bankers, and it was brought back on the 15th, on the Wednesday; my master is here, his name is Thomas Nelson ; then it was presented to Messrs. Pybus and Co. and returned; we found the prisoner at work in his garden at that house; I knew him as soon as ever I saw him; we took him immediately into custody, and brought him to Worship-street. Cross examined by Mr. Alley. Q. Does not Mr. Nelson carry on on the business of Nelson, Stock, and Cooper? - A. No. Q. Did not they put him into the house? - A. No; there is another Nelson in the same street, it may be him perhaps. Q. This was on Saturday the 11th? - A. Yes. Q. Was there any body else in the shop at the time? - A. Two ladies came in, and were served at the same time. Q. You had no sort of suspicion at the time? - A. No. Q. Consequently you took no particular notice of it, but that it was a country Bank note? - A. I took particular notice that it was torn, and I took particular notice of the writing; all the names I took very particular notice of. Q. Had you never seen any of that hand-writing before? - A. No; I do not know that I ever did. Q. Yet you undertake, at this distance of time, and after the bill has seen such a distance as Yarmouth, you undertake to swear it is the same? - A. Yes. Q. After this bill was returned, do you mean to swear to the hand-writing? - A. I mean to swear it is the same bill. Q. Though you had never seen the hand-writing but once, you undertake to swear positively to it? - A. I mean to swear that that is the same bill. Q. Did not you say you knew the number? - A. I took notice of the number too. Q. You did not enter the number in a book? - A. No. Q. Then the number you do not recollect, but you undertake to swear to the writing? - A. I had taken the pains to follow the gentleman home, and I took very particular notice of it. Q. Your name was not upon it till after it came from the banker's? - A. No. Q. Then why did you take such particular notice of the writing? - A. No farther than I had looked at it, and I knew the writing again. Q. To howmany places of the name of Yarmouth did you send? - A. Only one, in the county of Norfolk. Q. You did not send to Yarmouth, in the county of Hants? - A. No. THOMAS NELSON sworn. - On Saturday evening the 11th of March, when I came home, the circumstance of a note having been taken, goods sold, and change given, was made known to me, and the note presented to me by Thomas Hall; I had a strong suspicion that it was forged, I took particular notice of the note, and kept it until Tuesday, when I delivered it to Messrs. Harcourt and Co. bankers, Lombard-street; it was brought back to me by one of their clerks, and put into my hand; I can swear positively to its being the same note; I shewed it to the Magistrates in Worship-street, and gave it to Thomas Hall again; I did not mark it till Friday last. Q. How came you to mark it then? - A. Because it was going to Yarmouth. Q. They were your goods? - A. Yes; the goods are in Court now, I can swear to the goods, they have my private mark upon them, they were found at Harriman's house. Cross-examined by Mr. Alley. Q. You have undertaken to tell us, that the cloth was found there, when you were not there to know any thing about it; now, I take it for granted, that you had no suspicion of this note when you sent it to your bankers? - A. I had a very strong suspicion on the Saturday night. Q. And yet you sent it to your banker's as a good bill? - A. I sent it in as I took it. Q. Do you mean to say you told the bankers you had any suspicion of it? - A. No. Q. It was natural enough, if a man had a suspicion, that he should tell that suspicion? - A. No, it does not follow. Q. Do you undertake to swear to that handwriting? - A. Yes; and that is the identical bill I received from my servant. Q. It must have been mixed with a good many other bills, after you had sent it to your bankers? - A. Yes; but the bankers enter every bill separately in their books, it was only twenty-four hours out of my hands, and I will swear positively, that it is the identical bill given to me by my servant, on Saturday night. Q. There was some linen found at this man's house? - A. Yes. Q. In what shape did that appear? - A. Cut up, with a private mark upon it. Q. I take it for granted, you sell all your pieces with your private mark? - A. Yes. Q. Do you mean to swear that that piece of linen, which you did not sell yourself, but was sold by your shopman, was found at the prisoner's house? - A. No; but I mean to swear that that was my piece of linen. RICHARD WALKER sworn - I am clerk to Messrs. Harcourt and Company, Lombard-street; on Wednesday the 15th of March, I received the bill in question with others to present. Q. Look at that note, is that the same? - A. It is; I presented it to Messes. Pybus and Company, in Bond-street, they did not pay it, and I brought it back, and delivered it to the clerk at the counter. Cross-examined by Mr. Alley. You, going out for the purpose of receiving cash for notes, are not the person receiving the notes from your customers? - A. No. Q. You received it from a clerk in the shop? - A. Yes. Q. And delivered it back to the clerk in the shop? - A. Yes. Court. Q. From whom did you receive it? - A. From one of the clerks, with other bills that I had to present for payment. Mr. Alley. Do you mean to say you received that with other bills that came from Nelson's, or with other bills from the clerk of the banking-house? - A. I did not receive it from Mr. Nelson. Q. Had you any other notes of Mr. Nelson's with that when you received it? - A. It is impossible for me to say. SAMUEL BROOKE sworn. - I am clerk to Messrs. Pybus: We have no correspondence with Thomas Kidd ; we have not one correspondent at Yarmouth. Cross-examined by Mr. Alley. Q. Do you speak from your general knowledge, or from having refreshed your memory from the books? - A. No; from a general knowledge; I lived between twelve and thirteen years there. DAVID JONES sworn. - I am a chymist and druggist in Norton-falgate. Q. Are you acquainted with Yarmouth? - A. Not till last Monday; I was going that way upon business, and to oblige my friend, Mr. Nelson, I went as far as Yarmouth. I went to Mr. Urie's, a ship-owner and merchant; and I went about to enquire if there was any such man as this Kidd; I went to the banking-house of Donolly and Turner, and that of Lacone and Fisher; and I was directed to Mr. Warmingron, who is master of the Foreign Packet-office, and then I went to the Post-office, and a Mr. Smith, who is a kind of attendant to the Mayor, who has lived in the town near thirty years; but none of them could tell me of such a person as Thomas Kidd . Cross-examined by Mr. Alley. Q. When was it you went to Yarmouth? - A. On Monday last. Q. This is Wednesday? - A. Yes. Q. How long did you stay there? - A. From twelve o'clock on Monday till Tuesday afternoon. Q. Yarmouth is a very large town, is not it? - A. Not very large. Q. Did you make any enquiry the first day? - A. Yes. Q. You enquired at the banking shop and the Post-master's? - A. Yes. Q. Did you enquire at any of the Tax-gatherers? - A. No, I did not. Q. Did you enquire at any private merchant's about the town? - A. Yes, I did; some shopkeepers. Q. Not a great many, I believe? - A. Several. Q. Did you enquire at the General Post-office? - A. No. Q. How long a town is Yarmouth? - A. It consists of three long streets. Q. And you know there are many of us who do not know the people who live next door to us - you did not enquire at Yarmouth in the Isle of Wight? - A. No. Q. You know there is such a place in the Isle of Wight? - A. Yes. Q. And you made no enquiry there? - A. No. JOHN ARMSTRONG sworn. - I am an officer: I went with Mr. Hall, to Norfolk-place, Curtain-road, on Wednesday, the 15th of March, the prisoner was at work in the garden, and I took him to the officer; I found this linen cut up, either for shirts or shifts; and I found a handkerchief upon him, and another upon a woman that I believe is his wife Q. (To Nelson). - Look at these things? - A. This cloth was my property, it has my private mark upon it, and the person's name. Mr. Alley. Q. All you know is, that that was once in your shop; you do not know to whom it was sold? - A. No. Q. (To Hall). Can you form any idea of that cloth; do you believe it to be the same or not? - A. I only know it by the mark. The prisoner left his defence to his Counsel. GUILTY Death . (Aged 27.) (Of uttering the note, knowing it to be forged). Tried by the London Jury, before Mr. RECORDER. 364. ROBERT JOHNSON was indicted for feloniously receiving, on the 5th of April , eighty-four pounds of soap, value 58s. the property of James Clark . The principal being acquitted at the last Session, the Jury found the prisoner NOT GUILTY . Tried by the first Middlesex Jury, before Mr. RECORDER. 365. MARY BRIANT was indicted for feloniously stealing, on the 30th of April , a cloth coar, value 2s. a pair of cloth breeches, value 12d. and a man's hat, value 6d. the property of Thomas Daly . THOMAS DALY sworn. - I am a watchman : I lost the things mentioned in the indictment, on Sunday, the 30th of April, I had them on between one and two o'clock in the afternoon, and between three and four the same day, I found them upon the prisoner, about four or five hundred yards from where I live; she was coming out of a cloaths shop, she had the hat on her head, and the coat and breeches in her apron; I gave her to the constable with the property; I never saw her before; I believe she was in liquor. Prisoner. He gave me the things to hold. Daly. No, I did not. EDWARD SMITH sworn. - I am a constable:(produces the property) the prosecutor delivered the prisoner to me, and charged her with taking the things as he lay asleep on the bed. The prosecutor deposed to the property. GUILTY (Aged 20). Transported for seven years . Tried by the first Middlesex Jury, before Mr. RECORDER. 366. JOSEPH CARR was indicted for feloniously stealing, on the 23d of May , five iron hoops, value 2s. the property of Truman Hertford and John Vickery Taylor . JOHN BAYLISS sworn. - I am clerk to Messrs Hertford and Taylor, brewer s; the prisoner was formerly servant to them; these hoops were lost out of the yard; the coopers occasionally put them upon the butts as they were wanted, and sometimes hung them up upon a nail; we have missed a considerable quantity of hoops for a twelvemonth past; we employed five or six cobbling coopers, and when the trimming coopers missed them, we thought the cobbling coopers had had them, but we found they had not; and the prisoner being out of employ, suspicion fell upon him, and we detected him on the 23d of May; I saw him come out of his yard on to our premises, and take the hoops away into his own yard; he came over some pales, about seven feet high; I saw him throw the property off his shoulder; there were six hoops, but I picked up but five; I had concealed myself behind a piece of timber; I took him, and delivered him into the hands of the officer; there were marks put upon them before, in order to detect the thief. DALBY WILLIAMS sworn. - I was concealed with the last witness behind some timber; I saw the prisoner come from his own premises, and take the hoops, as the last witness has described; I went up to him, and when he got to the sence, he shoved them upon my head, and then I shoved them upon his head, and they fell, some on one side the fence and some on the other.( Henry Warren , the constable, produced the hoops, which were deposed to by Bayliss.) Prisoner's defence. I had an old water tub that wanted some hoops, and I took them to put on it. GUILTY (Aged 54.) Confined six months in the House of Correction , and fined 1s. Tried by the first Middlesex Jury, before Mr. RECORDER. 367. JAMES EDWARDS and MARY KING were indicted for feloniously stealing, on the 12th of May , a pair of men's leather shoes, value 4s. and two pair of women's leather shoes, value 8s. the property of Mary Baraclough , widow . (The case was opened by Mr. Knapp.) JOHN GRIFFITHS sworn. - Examined by Mr. Knapp. I am the constable and beadle of Hackney : On Friday the 12th of May, about seven o'clock in the evening, I saw both the prisoners at the Ship public-house, Church-street, Hackney; in consequence of a suspicion, I followed them to the house of Mrs. Baraclough, where they went in. Q. Did you observe if they had any bundle in their hand? - A. They had none at the ship; they were in at Mrs. Baraclough's ten minutes or a quarter of an hour; I did not observe whether they had any bundle when they came out, I was not so near to them then; I followed them to the Cat and Shoulder of Mutton, in London fields; they were in there some time, and when they came out I apprehended them; I and Frost took them back into the Shoulder of Mutton again. Q. Did you tell them what you apprehended them for? - A. Yes, I did. Q. Tell us, as nearly as you can, what you said? - A. I told them I suspected them of passing bad dollars. Q. Did you tell them any thing about the charge of stealing shoes? - A. Mary King had a bundle under her arm; I found three pair of women's leather shoes, and one pair of men's, in the bundle, and I sent my brother to Mrs. Baraclough's, he is not here; Mary King said, her first husband was a shoe-maker, and that she carried them about the country for the purpose of selling them. Q. Did the man say any thing about them? - A. No, I do not know that he made any remark; I took them to the Public-office, in Worship-street, they were examined three times; the next morning, after the first examination I went to Mrs. Baraclough's, she did not know that she had missed any; I desired her to examine her shoes, and come to the Magistrate at twelve. Q. That is all you know? - A. Yes. Cross-examined by Mr. Knowlys. Q. You asked Mrs. King what was in the bundle? - A. Yes. Q. She told you they were shoes? - A. Yes. Q. They were examined three times before they were committed? - A. Yes. THOMAS FROST sworn. - I assisted Griffiths in apprehending the prisoners at the door of the Cat and Shoulder of Mutton; we took them into the house, and there was a bundle laid in one corner of the room, but I did not know what it contained. Q. Were you present when it was opened? - A. No. MARY BARACLOUGH sworn. - I am a widow, I live in Mare-street, Hackney; I keep a shoemaker's shop. Q. Do you know the prisoners at the bar? - A. Yes. Q. Do you remember seeing them in your shop on the 12th of May? - A. Yes. Q. What day of the week? - A. Friday; they came soon after seven in the evening to buy shoes for women. Q. Did you show them some shoes? - A. Yes. Q. How many, think you, did you show them? - A. A dozen or two; they were laid out upon the cutting board, under the window. Q. Were there any men's shoes upon the cutting board? - A. No; the men's shoes stood at the corner of the window. Q. Did they buy any shoes? - A. No; they made an apology for giving me so much trouble, and buying none. Q. You did not at that time miss any property? - A. No; the next morning, Mr. Griffiths came, and, by the direction of the Magistrate, I took my stock, but before that, I looked round the shop, and was very sure I missed some of my shoes; on the Monday I took my stock, and missed three pair; I can tell the place from which every pair was taken; there were one pair of men's, and two pair of women's missing; the shoes were produced at the Justice's, and I know them to be my property.(The shoes were produced in Court, and deposed to by the Prosecutrix, and Thomas Bishop who had sold her one pair of them.) Mary King left her defence to her Counsel. Edwards's defence. I was going through Hackney, I asked Mary King to take a walk with me, and she went into this shop to buy some shoes, and she fitted on several pair, but none of them would do. Mary King called three witnesses, and Edwards four, who gave them an excellent character. Both NOT GUILTY . Tried by the second Middlesex Jury, before Mr. RECORDER. 368. SARAH CHURCH and SAMUEL BRIGHT were indicted, the first, for feloniously stealing, on the 10th of May , a silver table-spoon, value 10s. the property of Alexander Miller , and the other for receiving the same, knowing it to have been stolen . ALEXANDER MILLER sworn. - I keep the Coach and Horses, Dean's-yard , Westminster: The prisoner was my servant ; on Wednesday evening, the 10th of May, a little after seven, she had leave from her mistress to get her head drest, she had had some blows upon her head, the spoon was in a cupboard below stairs; we missed the spoon very soon after, and she did not return the next morning; she was found in Oxford-street, and brought to our house by my wife, she is not here, and I took her to Bow-street; she owned having the spoon, and that another woman went with her to sell it; that was in her way to the Magistrate's. Q. Did you tell her it would be better for her to confess it? - A. I did not; and she informed me of this other person, the accomplice, and that she had advised her to rob me of any thing she could get of value, and to come away from her place, for that she had got her an easier one; I then went with the prisoner to this other woman, and took her, and brought her to Bow-street, and there they both charged each other with stealing the spoon; they both admitted that it had been stolen. Q. What is the value of this spoon? - A. Ten shillings.(The other woman was bound over, but, upon being called, did not appear). Prisoner's defence. I never took the spoon, nor do not know any thing at all about selling it. Both NOT GUILTY . Tried by the first Middlesex Jury, before Mr. RECORDER. 369. THOMAS AMERY was indicted for feloniously stealing, on the 29th of April , a silver pint mug, value 3l. the property of Richard James , in his dwelling-house . The Prosecutor having died, and there being no person present who could prove the property, the Jury found the prisoner NOT GUILTY . Tried by the second Middlesex Jury, before Mr. RECORDER. 370. ELIZABETH RANDALL was indicted for feloniously stealing, on the 16th of May , a black calimanco petticoat, value 8s. the property of Charles Jones . WILLIAM CURLING sworn. - I am servant to Mr. Charles Jones , a pawnbroker : On Tuesday, the 16th of May, the prisoner came in to pledge a silk handkerchief, I served her, and after she had been gone out about two minutes I missed this petticoat; I followed her, and about one hundred yards from our shop, I found her with the property in her possession, she had it underneath her apron; I brought her back into the shop, I sent for an officer and gave charge of her; she dropped it in our shop, and the officer took possession of it; I saw it lying close to her feet. WILLIAM NAPPER sworn. - I am an officer belonging to St Luke's parish: I was sent for to take charge of the prisoner, and found the petticoat upon the counter in the shop, (produces it); I have had it ever since. Curling. This is my master's property, I had hung it at the door a very few minutes before it was taken down; here is a knot that I tied in the string when I hung it up. Prisoner's defence. I went to pawn a handkerchief to buy my children some bread, I have three children, and my husband is serving the King; I do not know any thing of the petticoat; I never had the least stain upon my character. The prisoner called five witnesses who had known her from three to fourteen years, and gave her a good character. NOT GUILTY . Tried by the second Middlesex Jury, before Mr. RECORDER. 371. JOHN BOULTON was indicted for feloniously stealing, on the 19th of May , a gold ring, value 10s. a silver tobacco-stopper, value 12d. three card counter dishes, value 6d. a yard of muslin, value 6d. a calico waistcoat, value 6d. and three guineas and a half, the property of Sarah Simes , widow ; a pair of silver shoe-buckles, value 10s. a pair of silver knee-buckles, value 2s. a silver tobacco-pipe-tip, value 2d. and a piece of foreign silver coin, value 2s. the property of Mary Stevens , widow , in the dwelling-house of Sarah Simes .(The witnesses were examined apart at the request of the prisoner.) SARAH SIMES sworn. - I live in Parson's-street, St. George's, Middlesex : On the 19th of May last, I lost the things stated in the indictment; Mary Stevens is a lodger of mine; I have never recovered any thing but the tobacco-stopper, and pipe-tip, at a Mr. Carpenter's, in Whitechapel; the prisoner had carried it down to get it engraved; he was a painter , and was painting the house at the time. Mr. Knapp. Q. Your house is not in St. Paul's Shadwell? - A. No. Mr. Knapp. The indictment says it is, and therefore your Lordship sees that that gets rid of the capital part of the charge. MARY STEVENS sworn. - I lodge at Mrs. Simes's: I lost the things named in the indictment, I know nothing of the taking of them. ANN GREENALL sworn. - I know the buckles and the pipe-tip to be my Aunt's, Mrs. Stevens. GEORGE WINDSOR sworn. - I am a pawnbroker: The prisoner pledged a pair of knee-buckles last Monday fortnight, for two shillings. (Produces them). Cross-examined by Mr. Knapp. Q. These were pledged the 15th of May, were they not? - A. Yes. Q. A great number of persons use your shop in the course of a day? - A. Yes. Q. Do you mean to speak to every person that comes into your shop in the course of a day? Yes; if I deal with them. Q. And do you mean to say you should be able to recollect their persons, every one of them? - A. Yes. Court. Q. Are you sure that the prisoner at the bar is the person that you took these buckles in from? - A. Yes; he had been a customer of ours for near a twelvemonth before. Mr. Knapp. Q. A great many other persons have dealt at your shop as long? - A. Yes; and a great deal longer. Q. You knew his person from the frequent applications he had made? - A. Yes. Q. And are you confident he pledged these buckles with you on the 15th of May? - A. Yes. Jury. Q. Did you ever know any other articles claimed before that he had pledged at your house? - A. Never. Court. (To Simes.) Q. You say the things were lost on the 19th of May? - A. I missed them on that day. Q. Was the prisoner employed in your house before the 19th? - A. Yes. Mr. Knapp. Q. When had you seen your things? - A. I saw the half-guinea on Sunday the 14th.(The buckles were deposed to by Mrs. Stevens). - CARPENTER sworn. - I have, in my possession, a tobacco-stopper, and a pipe-tip, which were sent to me to be engraved, by a person of the name of Kent, a watch-maker, a Quaker, on Thursday the 18th, in the evening; he is not here.(They were produced, and deposed to by Mrs. Simes, and Mrs. Stevens). JOHN COOK sworn. - I am an officer: On the 19th of last month, about ten in the evening, I went to Mr. Carpenter, to desire him to attend the office; I desired him not to deliver a silver pipe-tip, and a tobacco-stopper, till he attended the office; the prisoner owned them to be his property; I searched his box, on Saturday, at his lodgings in Shadwell, and there I found a piece of muslin, a calico sleeping waistcoat, and three card counter dishes, (produces them); and I found these letters, directed to a Mr. Simes. (They were deposed to by Mrs. Simes). SARAH BURTON sworn. - I am a daughter of Mrs. Simes: The prisoner was employed to paint my mother's house. Q. How came the suspicion of these things to fall upon the prisoner? - A. There had been no other person in the room except our own family; I did not see him take them. Prisoner. (To Mrs. Simes.) Q. Was not there a plaisterer, and another painter, in that room? - A. Not in that room. Q. But the plaisterer, and the painter, had the same opportunity of getting into the room as the prisoner had? - A. No, the plaisterer had not; I keep the key of the room, and the other painter was his master. Court. Q. Were their lodgings searched? - A. No. Prisoner's defence. The other journeyman was in the room at work, and I came into the room at the same time; he said he would paint the windows in that room himself, and desired me to go into another room; the plaisterers were at work in the house all the time, and the doors all open; there was no lock upon any of the doors that I saw. The prisoner called two witnesses, who gave him a good character. GUILTY (Aged 21.) Of stealing, but not in the dwelling-house . Transported for seven years . Tried by the second Middlesex Jury, before Mr. Baron PERRYN. 372. WILLIAM JONES , SARAH STEEL , and JULIA HULL , were indicted, for that they, on the 25th of May , feloniously did make, coin, and counterfeit, a piece of false and counterfeit copper money, to the likeness and similitude of the copper coin of this realm, called a halfpenny . Second Count. For feloniously making, coining. and counterfeiting, a farthing.(The case was opened by Mr. Cullen.) JOHN GRIFFITHS sworn. - Examined by Mr. Ward. - I am an officer belonging to the police-office, in Lambeth-street: in consequence of an information, I went to a house, No. 4, Little James street, Bedford-row , on Thursday, May 25, about a quarter past eleven in the morning, in company with five more officers; we went into the front room, which appeared like an old iron shop; we went in and saw a door near the head of the stairs, we first opened the door, and went down stairs into the cellar; when we went down, we found it all in darkness, and feeling about the cellar, I put my hand upon the man at the bar, in a corner on the left-hand side of the cellar; I called out for a light, and found a handkerchief in his hands, he refused to loose it, but as soon as the light came I got it from him; he was wiping the dirt and oil off his hands, as if he had been at work; upon looking round, I saw the woman, Steel; there were six or seven candles lying upon the saw-dust, as if they had just been put out; I saw a quantity of blanks lying by a press, which was fixed (produces a large quantity of blanks); upon searching the man, I took out of his pocket these halfpence in a state of circulation (producing them); in looking round by the press, I saw a great quantity of blanks that were struck before they are put into the rouncing sack in the cellar; there were three or four cart loads of saw-dust, which is to mix in the sack with oil and different things, to colour them for circulation; there were about two cart loads, I suppose, of dirt and saw-dust that had been used, and some clean; upon examining the press, I found these two dies fixed in it, and a halfpenny between them quite warm; there are other dies in the hands of the other officers, that answer to the different sorts of halfpence that we found; I saw them compared, and they correspond exactly; there was a farthing die amongst them. JOHN NOLAN sworn. - I am a police officer, belonging to the same office as the last witness: I went with the rest of the officers into the cellar, it was quite dark, there was no light; Griffiths called out for a light, and when the light came, he laid hold of Jones; I perceived the prisoner, Sarah Steel , come out of the necessary in the cellar; I went into the necessary immediately, and found a quantity of farthings in a paper (produces them); they are fit for circulation; I searched her pockets, and found these halfpence in her pocket. Q. Did you observe her hands? - A. Yes; they were quite black and greasy. Q. Did you observe Jones's hands? - A. Yes; they were greasy; I found these halfpence upon a board upon the edging tool in the cellar (produces them); they are blanks mistruck; this is the edging tool (produces it); it is for rounding the edges of blanks and thickening them; I found this jacket upon Sarah Steel , and a blue apron (produces a very dirty and greasy woollen jacket); I also found some brimstone and a rouncing sack, (produces them); the rouncing sack was made fast to one of the joists in the cellar, they put the halfpence into it with saw-dust, and shake them about in it to take off the grease; I found a great quantity of dies, some for farthings and some for halfpence (produces them, together with the fly and press). Q. Do you know how many persons are necssary to work an engine of this kind? - A. Three, generally, one to each end of the fly, and the other at the foot of the press to feed it. Q. What do you mean by feeding the press? - A. Putting the blanks in between the dies. Court. Q. Could it be worked by one person, without the assistance of the other two? - A. I cannot tell; if it could, it must be by a longer line coming from one end of the press to the other; I found a considerable quantity of saw-dust, and some sieves that are used to fist the saw-dust out of the halfpence, and these cloths all over grease, I do not know what they are used for. Cross-examined by Mr. Knowlys. Q. You did not see the woman, Steel, doing any thing? - A. No. Q. Steel was coming out of the necessary? - A. Yes. Q. That necessary was used for the whole house? - A. Yes. Q. Did you find these farthings in any state of concealment? - A. No; they were lying upon the floor of the necessary. Q. This house is kept by Mr. Hull? - A. So I understand. Q. By the woman's husband who is at the bar, of the name of Hull? - A. I should think so. Mr. Cullen. Q. Did you enquire after Mr. Hull? - A. No. Q. Did you find any other man about the house than the prisoner, Jones? - A. No. EDWARD SMITH sworn. - Examined by Mr. Ward. - I am an officer belonging to Lambeth-street: I went with the other officers to this house; we went right through the shop, and found a door, which led into a cellar, fast, we burst open the door and got into the cellar, there was no light; we called for a light, and then I saw the man and the prisoner, Steel, in the cellar; I perceived their hands were very black and greasy; she had a kind of a jacket on that was all over dirt. Q. When you went down into the cellar, she was in the cellar? - A. Yes; the man had something wiping his hands, and Griffiths took it from him; I know no more than the other officers, except that I found this halfpenny (producing it) between the dies. Q. Did you compare that halfpenny with the dies with which you found it? - A. Yes, I did; and it corresponded exactly with that, and a quantity of other halfpence that were found near the press. RICHARD PERRYN sworn. - On Thursday the 25th, I went in company with the other officers, to a house in Little James-street, Bedford-row; the first person I saw was that woman with a child in her arms (Hull,) in the front room, she began to bustle about, and went to some rags in a basket; I went to the basket and turned the rags, and found some of these loose halfpence, there was nothing else in the basket but some rags; I searched her pocket, and found some more loose halfpence and farthings, and these two papers; she went into the back room and put down the child, and I thought I saw her poke something underneath the bed; I found these three papers of halfpence concealed underneath the bed, between the bed and sacking, and this piece of solder; I looked at her hands and found them very black and greasy; she was going to move about again, and I would not suffer her to move any father; I told her I would put her in a state of confinement if she did not sit still. Q. Did you compare any of these halfpence or farthings with the dies and press? - A. No, I did not. Cross-examined by Mr. Knowlys. - Q. Is this shop an open shop? - A. Yes. Q. Did you meet with any obstruction in coming in? - A. None. Q. You took as much care as you could, of course, to keep yourselves from being seen? - A. Yes. Q. You found this woman then, you coming by suprise, with a child in her arms not in the cellar? - A. Yes. Q. Do you know whether her husband lived in the house at the time or not? - A. No, I do not. ROBERT COOMBE sworn. - Examined by Mr. Ward. I am an officer belonging to Lambeth-street; I went with the other witnesses to this house in James-street; after I had been in the cellar, I went up stairs, and searched the first floor, and found those halfpence upon the table, and in the table-drawer likewise, a number of blanks. (Produces them.) The dyes that these halfpence were struck from, were found in the cellar, they correspond exactly. Jones's defence. They have described the dress of Sarah Steel , but they have not described mine. For Mrs. Hull. ROBERT WRIGHT sworn. - I live next door to Mrs. Hull; to the best of my knowledge, she is a married woman, there has been a man living in that house as her husband, to the very day that she was taken up from four months back. Q. What family has she? - A. That one child only. Cross-examined by Mr. Ward. Q. What line of life are you in? - A. A butcher; he puts his name on the door, Hull, smith and bell-hanger. Q. Do you know any thing of her character? - A. I cannot say any more, than that she never interfered with any body, nor any body with her. JOHN BUNCE sworn. - I keep the White lion public-house, two doors from Mrs. Hull's; I have only lived there six weeks; Mr. Hull lived there as her husband, and did some work for me, it is an open smith's shop, with his name up. Q. Did you ever hear any doubt expressed, that they were man and wife? - A. No. For Jones. DAVID JONES sworn. - I am no relation to the prisoner; I keep a smith's-shop in Creed-lane; I have known the prisoner three years, he worked twice for me, as a smith. Q. A smith is likely to dirty his hands as much as any other business, I should suppose? - A. Yes. Jones, GUILTY (Aged 55.) Steel, GUILTY (Aged 27.) Imprisoned one year in Newgate , and fined 1s. Hull, NOT GUILTY . Tried by the first Middlesex Jury before Mr. Baron PERRYN. 373. MARTHA HOWELL was indicted for felonionsly stealing, on the 29th of April , two calico towels, value 1s. seven pounds weight of veal, value 3s. and seven pounds weight of pork, value 3s. the property of Edward George Lynd , Esq . EDWARD GEORGE LYND , ESQ. sworn. - The prisoner was house-keeper in my family: On the 29th of April, I was called out of bed in the morning, and went down stairs into the house-keeper's room; I opened a box of her's, and there I saw a bundle contained in a calico towel; she was to have left my family, by agreement, on the 1st of May; I gave strict orders to my servant, James, that if he saw Mrs. Howell go out with a bundle, to stop her, and in consequence of an information he gave me, I went to a watch-house in Mary-le-bonne-lane, for a constable; accordingly, Mr. Moy accompanied me to a house in East-street; when we arrived at that house, the prisoner was then standing at the door; I told her, I suspected her of having taken things out of my house, and I begged I might go into the house and have her apartments examined; we went in, and in the passage I saw a parcel on the bottom stair, I took it up with my own hand, and carried it down into an adjoining room, I put it on a table that was there, and opened it, it contained a joint of veal and some pork, it was in a calico towel; I then desired Mrs. Sutton, the woman of the house, that the constable might go up to her apartment; he went up, and returned with another parcel in his hand; upon opening it, it contained sugar, and other things; I asked the prisoner, in consequence of that, if she had brought the meat into that house, she said, she did not know any thing at all about it, she did not bring it there; I told her the meat was mine, she must very well know, and it was of very little consequence whether it was or not, for the towels were, she then, after some hesitation, acknowledged that the pork did belong to me. Q. Before she had said any thing of this, did you say to her that it was of no use for her to deny it? - A. I told her, I thought it would be better to confess; I can speak to both the towels, they are of a very particular manufacture, they were made in India by a friend of my own. Cross examined by Mr. Knapp. Q. I believe the prisoner was recommended to you by General Fox? - A. By Mrs Fox. Q. I take it for granted, when she came to you, she had a character? - A. She had. Q. The articles stated in the indictment, consist of towels, veal, and pork? - A. Yes. Q. It was not your intention, originally, I believe, to have prosecuted her at this place, you intended to have prosecuted her at Hicks's-Hall? - A. I had not made up my mind; in consequence of having examined her trunks, after this, I had reason to suppose, there were things of General Fox's. Q. Had you it not, in your mind, to try her at Clerkenwell? - A. I intended to try her where I thought she would be transported, that is what I intended. Q. What is the value of the whole? - A. About six or seven shillings. Q. Was there any agreement with the prisoner at the bar, when she came to you, about wages? - A. Yes; I agreed with her by the year. Q. Was there any agreement for a month's warning, or a month's wages? - A. None; it is a rule in my family not to do it. Q. Had you told her she was to go on the first of May? - A. I had. Q. How long notice had you given her of it? - A. Not above a week, or a week and two days. Q. You have paid her her wages? - A. No, I have not. Q. Then you are still indebted to her for her wages? - A. Yes. Q. This night she was standing at the door? - A. Yes. Q. Did she stand at the door all the time of the search? - A. No; she was present in the room all the time. Q. Was she immediately taken into custody that night? - A. Yes. Q. Did you desire her to come to your house again? - A. Yes. Q. On what day? - A. I believe, on the Monday; she did not come on the Monday, she came on the Tuesday. Q. On the Tuesday, though you had made the charge against her, she came to your house on the Tuesday? - A. Yes; I sent one of my servants for her. Q. Was she then taken into custody? - A. Yes. Q. What time of the day did she come? - A. in the evening. Q. Not in the morning? - A. No. Q. And you had taken that time to consider whether you should take her into custody or not? - A. It was in consequence of finding a great number of things in her box, with the initials of Mrs. Fox upon them, and in the hopes that he would certainly come first, and prefer a bill of indictment himself Q. You have not paid her her wages even now? - A. No. RICHARD MOY sworn. - I am the constable of Mary-le-bonne watch-house; Mr. Lynd came to me, on Saturday the 29th of April; I went with him and a servant of his, to the prisoner's lodgings, in East-street. Mr. Knapp. (To Mr. Lynd.) Q. Had the prisoner been discharged from your service on the Tuesday? - A. She was to have left me on the Monday. Q. Has she got her box and things away from you? - A. No. Q. They remain with you now? - A. Yes; I beg leave to say, they are ready to be delivered upon a proper order. Moy. The first thing we saw at the prisoner's lodgings, was this towel tied round some meat, in the passage; she denied knowing any thing about it; Mr. Lynd took it up himself, I said it was his, and charged her with taking it; then we asked to see her apartments, she said, and welcome; Mrs. Sutton went up with us, and brought down this towel, which Mr. Lynd said was his as well as the other; then we went with her to the butcher's, where she had ordered the meat, and she said she intended to have paid for it. Cross-examined by Mr. Knapp. Q. Was not she first committed for stealing a towel? - A. She was committed for stealing the towel and the meat. Q. And she said, she had had the meat at the butcher's, and meant to pay for it? - A. She said so. Q. Mrs. Lynd had not paid her her wages? - A. No. Q. Did she not most readily give leave to search the house? - A. No; she denied the towels. Mr. Kirby. The commitment was only for stealing two calico towels, value ten-pence. WILLIAM JAMES sworn. - I am servant to Mr. Lynd; I was ordered by my master to watch if Mrs. Howell took any parcel out of the house; I saw her go out with a bundle in her hand, I went and informed my master immediately; I know these to be the same. Cross-examined by Mr. Knapp. Q. You were set to watch the prisoner? - A. Yes. Q. Who was set to watch you? - A. Not any body that I know of. - MARLEY sworn. - I am a butcher; on Saturday morning, the 29th of April, the prisoner came to my house, and ordered some roasting beef, and a piece of neck of veal, to be sent down to Mr. Lynd's, for Mr. Lynd; Mr. Lynd sent for me, and I came down, and saw the bundle with some veal and pork in it, in the house-keeper's room. Q. Was it the same? - A. I cannot say. Q. Will you swear to it? - A. I think no man could do that. Q. Was it dressed, or undressed? - A. Undressed. Mr. Knapp. Q. The house-keeper had usually come to your house to bespeak the meat for her master? - A. Yes. Q. There was nothing unusual in her ordering it to be sent there? - A. No. Q. Nor much to be wondered at, that it was in the house-keeper's room? - A. She desired it not to be put down as beef and veal, but to put it down as all beef. Q. She did take from your house a neck of veal? - A. Yes. Q. This neck of veal was to be sent to the housekeeper at Mr. Lynd's? - A. Yes. Q. And when you went into the house-keeper's room, there you found it? - A. Yes. Q. Whether that desire of the prisoner to you was previous to any charge being laid against her? - A. It was. SARAH SUTTON sworn. - The prisoner lodged in my two pair of stairs back room, in East-street; Mr. Lynd came to search her room on the 29th; there was a bundle in the passage which was brought by Mrs. Howell. Cross-examined by Mr. Knapp. Q. While she lodged with you she behaved exceeding well? - A. Yes. The prisoner left her defence to her Counsel. Mr. Knapp. Mr. Kirby has stated that the commitment was only for petty larceny, and to-morrow being the day for trying petty larcenies at Clerkenwell her friends are not here. GUILTY of stealing to the value of 10d. Imprisoned six months in Newgate , and fined 1s. Tried by the second Middlesex Jury, before Mr. RECORDER. 374. WILLIAM REGAN was indicted for feloniously stealing, on the 3d of May , one looking-glass with a gilt frame, value 8s. the property of Richard Thurbon . RICHARD THURBON sworn. - I am a broker , I live at No. 48, Saffron-hill ; the looking glass is my property, I know nothing about the taking of it. ISAAC JONES sworn. - On the 3d of May, I came home between four and five o'clock in the evening, I live at No. 47, Saffron-hill; a neighbour facing me, Mr. Hern, looking out of a window, cried out, that a man had taken a looking-glass from Mr. Thurbon's shop, and begged me, for God's sake, to run after the man; I asked Mr. Thurbon's wife whether she missed the glass; she told me she had; I followed the prisoner, and overtook him with the glass looking at himself; I asked him where he was going; he hesitated, and put the glass down under a window, and attempted to go away; Mrs. Thurbon instantly came up, and said it was her glass; I took him by the collar, and brought him back. MARGARET HERN sworn. - I live opposite Mr. Thurbon's: I went to shut my window, and a well-dressed young man came and took the glass down, he then turned round as if he was speaking to the broker's wife; I thought he had bought the glass, and had left it meaning to call again; he then walked a little way, and then returned and took the glass; I saw him go away with it. Court. Q. Look at the prisoner at the bar, was he the man? - A. It is something like him, but he was very genteelly dressed at the time; I thing the prisoner is the man. RICHARD THURBON sworn. - This is my glass; I know it by the several pieces that were broken off the sides, which I glued on. Prisoner's defence. A second-cousin of mine was going to Ireland, and he told me he had left a glass in the care of Collier, the bricklayer, and he desired me to take it to his sister's; I had the glass when Mr. Jones came up and laid hold of me by the collar; he told me there was somebody wanted to speak to me, accordingly I laid down the glass. GUILTY . (Aged 24.) Confined six months in the House of Correction , and fined 1s. Tried by the second Middlesex Jury, before Mr. Justice GROSE. 375. WILLIAM FREEMAN was indicted for feloniously stealing, on the 2d of May , one leg of pork, value 4s. the goods of William Fernside . ANN LAWRENCE sworn. - I live with Mr. Fernside, in Marshal-street, No. 35 , he is a limner ; the leg of pork was in the safe on the 1st of May, the safe was in the area: On Tuesday morning, about four o'clock, the prisoner was taken with the pork on him, by Henry West ; I did not see him take it, the watchman saw him take it. DANIEL M'CLOUD sworn. - I am watchman in the street where Mr. Fernside lives: On the 2d of May, at four o'clock, I saw two boys go by my box, it was just before the clock struck four, I saw one of them get over into Mr. Fernside's area; I desired West to go after him; I saw the prisoner at the bar turn down a street, I followed him and took him, and the moment I laid hold of him he threw the leg of pork down; it was not above twenty yards from the house. HENRY WEST sworn. - I am a watchman: About four o'clock upon the 2d of May, I saw the prisoner, and another young man with him, in Mason-street, close by Mr. Fernside's; I saw two cross the street, and I missed one of them; I saw either the prisoner or his partner get out of the area, but I cannot say which; one was on the outside, the other in the area; they both stooped down and put the pork into a handkerchief; they met the watchman coming and they turned back, and run up the road; I stopped the prisoner, and he dropped the leg of pork out of his handkerchief; he hit me a back-handed stroke upon my cheek when I took hold of his collar; I asked him where he got the pork from; he said he found it in a passage. Ann Lawrence. I saw the leg of pork on the Tuesday morning, the watchman brought it to me; it was the same leg of pork that was in the area. Prisoners defence. This gentleman said he saw me or the other get over the area, I never was near the place; the man who said I got over the area stopped me, and I said I found it at the corner of an Alley. GUILTY (Aged 16.) Confined one year in the House of Correction , and fined 1s. Tried by the second Middlesex Jury, before Mr. Justice GROSE. 376. WILLIAM BERGEN and JOSEPH CHAFE were indicted for breaking and entering the dwelling-house of William Higginbotham , about the hour of two in the night of the 23d of April , and burglariously stealing twenty pair of silk and cotton stockings, value 5l. thirty pair of cotton stockings, value 4l. 10s. five pair of silk and worsted stockings, value 20s. and three silk and cotton purses, value 1s. 6d. the property of the said William Higginbotham . WILLIAM HIGGINBOTHAM sworn. - I keep a hosier's shop , No. 103, Ratcliffe-highway : I was alarmed, on Monday morning the 24th of April, by the watchman, that my house was broke open about three o'clock; I threw up my sash, and the watchman said, here is a bad misfortune, one of your shutters is down; I asked him if the window was broke, he said it was. I had myself bolted the door, and the shutters were fastened by a bar; we all went to bed about half past nine o'clock, when I was alarmed by the watchman; I opened the street door, and found the shutter was gone, a pane of glass broke, and the stockings that laid in the window gone; I got a light to see what mischief was done; I missed about twenty pair of silk and cotton stocking, five pair of silk and worsted, five pair of cotton and worsted, and about thirty pair all cotton; and two or three purses made of silk and cotton. Q. What were the value of those articles? - A. They cost me about sixteen pounds, they are worth about thirteen pounds; I never had any part of them back again; I saw one of the prisoners the same morning go by my door, in company with another man in custody; in consequence of the information I had given, I attended the Justice. Q. Was any of your property found in their possession? - A. Not to my knowledge; there is one that was concerned in the robbery, turned evidence; I had never seen any of them before. THOMAS DEW sworn. - On the 23d of April, Sunday evening, I saw these three persons hanging about all the evening; I saw them a little way from this house at two o'clock in the morning, and about three o'clock on the Monday morning, the 24th of April, I heard a rattling, as if a shutter fell; when I saw them they had nothing at all, it was a very dark morning; I saw the shutter gone, and the window broke, my walk and stand is just by the prosecutor's house; there was a whole pane of glass broke, and only one shutter down; I called Mr. Higginbotham up, he came down in his shirt, with only his breeches on; he got a light, and went into the shop, and said the shop was robbed; the shutter was taken about fifty yards from the shop; I took particular notice of them, they had aprons on like gardeners, I am certain they are the same persons I saw at two o'clock in the morning; they were all three together. Q. What is the accomplice's name? - A. Thomas Booth , he is the same man I saw in company with the prisoners. ALICE NEGUS sworn. - I had been to a christening on the Sunday: I was coming by the house on the Monday morning, the 24th of April, and I saw the prisoners in the act of trying to slide the shutters; I am sure they are the same persons, one was taking the bar from the shutters, the other receiving it, and the third sliding the shutter. I gave an account of them at the Justice's, at Shadwell; it was upon my information they were taken into custody; I knew nothing of them before: one of them had a dark brown coat with a black collar on; the other man had the same coat on that he has now; and the accomplice had a green coat on and red waistcoat. JOHN COOK sworn. - I am a constable belonging to the Public-office, Shadwell: On the 24th of April, I apprehended Burgen and Booth, on suspicion of being concerned in robbing Mr. Higginbotham's house; I did not apprehend Chase, another officer apprehended him, in consequence of an information given by the prosecutor, and the last witness; they were carried before the Magistrate, and committed for further examination. THOMAS BOOTH sworn. - I was an accomplice with the prisoners: On the 23d of April, Sunday night, Chase and myself went along Ratcliffe-highway, to look for a place convenient to break open against it got later; we went to the further end of Shadwell, and we could not see a place convenient there; on our return back, in Ratcliffe-highway, we observed the shutter of the prosecutor's shop rather loose, this was about ten o'clock at night; Chase and myself agreed to come about one o'clock to break it open, and then we went home to Chase's house; William Bergen came in a little before twelve, and a little after twelve we all went out together; it was near one o'clock when we came to the prosecutor's house, but we could not conveniently move the shutter till near two, when we got the shutter down from the window, and at three o'clock we took the shutter quite away; Bergen broke a pane of glass, and took out a great quantity of silk and cotton stockings, and two purses; we neither of us got into the shop, we took the stockings from the window; we delivered the stockings to Chase, Bergen left Chase and me, and went up to the house of Levy; I and Chase told Bergen we would leave the stockings in an old house; we sold the stockings to Levy, and he agreed to give us six pounds one shilling; he gave Chase one shilling, and after I was taken to prison he brought me one shilling, and afterwards a dollar; we had not the whole money, for the same morning as we were going for the money the officers took us; I cannot say whether Bergen had any of the money. JOHN REILY sworn. - I am a constable belonging to the Police-office, Shadwell: On the 26th of April, I apprehended the prisoner, Chase, in company with two of my brother officers. ROBERT BLUNT sworn. - I assisted in apprehending Chase. Bergen's defence. On Sunday night, when I came home, I went to bed about half past eleven o'clock, there was Chase, and his brother and sister there; I laid till nine o'clock the next morning, when I met Booth. Chase's defence. I know nothing of the matter; Booth is a notorious thief. ELIZABETH COLE sworn. - I have known William Bergen these eight or nine years, I never knew any harm of him till this; I am a laundress, I have trusted him to carry home my linen, I never missed any thing; he has been in my house almost every day of his life. JOSEPH WHITEHOUSE sworn. - I have known the prisoner, Chase, five or six years; he got his livelihood by lamp-lighting, he worked for me about a twelvemonth ago, and he used to come through my premises at different times, I never knew that I lost any thing by him. Bergen, GUILTY Death . (Aged 21.) Chase, GUILTY Death. (Aged 32.) Tried by the second Middlesex Jury, before Mr. Baron PERRYN. 377. RICHARD COTES was indicted for feloniously stealing, on the 3d of May , one linen shirt, value 3s. one pair of men's shoes, value 4s. and a pair of base metal plated shoe buckles, value 2s. the property of Joseph Davis . JOSEPH DAVIS sworn. - I lodge at the King's Arms, George-street, Bethnal-green : I went to work on the morning of the 13th of April, and returned again about six o'clock, I missed my shoes and buckles, and the things in the indictment; I went down stairs, and informed the landlady; she told me she knew nothing about them; I asked her what time the prisoner left the house; he lodged in the same room, and I left him in bed when I went out in the morning. On the 29th of April, he returned, and the man, who lodged with me, gave charge of him to an officer till I came home; I then went to the place where he was, and he asked me if he should send to his serjeant; he wrote a letter to him; we took him before a Magistrate, and he was committed to prison; I found nothing upon him but the duplicates, in the sleeve of his coat. JOHN SELWAY sworn. - I am serjeant to the regiment to which the prisoner belongs: I received a letter from him on the 29th of April, requesting I would send him two guineas, or otherwise for me to come to the King's arms, George-street, to settle the affair; after I had interrogated him some time, he gave me four duplicates. JOHN CUTHERALL sworn. - I am an apprentice to Mr. Fryer, pawnbroker, No. 5, Little Pulteney-street: On the 13th of April, I received a pair of shoes of the prisoner (produces them); he brought them to pawn, I lent him 2s. 3d. upon them; he said they were his own; I took in of him a pair of stockings likewise. Prisoner. Q. What time was it? - A. It was on the Thursday before Good-Friday, about eight o'clock in the evening. Joseph Davis . These are my shoes, I know them by a particular mark on them. RICHARD BARNES sworn. - I went out to work on the morning of the 13th of April, and left the prisoner in the room in bed; Davis's things were in the room when I left it. Prisoner's defence. I went to the King's arms in George-street, on the 10th of April, and remained there till the 13th, and then I came down to St. James's; and as I was coming down the Hay-market, I picked up a piece of paper with five duplicates in it; I took those shoes out of pawn and put them in again. GUILTY (Aged 22.) Confined six months in the House of Correction , and fined 1s. Tried by the second Middlesex Jury, before Mr. Justice GROSE. 378. WILLIAM FRASER was indicted for feloniously stealing, on the 24th of May , one pair of thickset breeches, value 10s. the goods of William Page . WILLIAM PAGE sworn. - I lost, on the 24th of May, a pair of breeches, in the evening about dusk, they were exposed at the door for sale; a man that was in the shop, said a person had taken a pair of breeches from the door, I pursued him and took him, he had thrown the breeches away, I did not see him in possession of them; there is a woman here who saw him take the breeches down; I brought him back, and put him into the hands of an officer belonging to Hatton-garden. ANN EVANS sworn. - I saw a man take a pair of breeches down from the door, I was in Mr. Page's shop buying something; I am sure it is the man that was brought back; I did not observe him throw any thing from him. GEORGE LANGLEY sworn. - I know nothing at all of the prisoner, he was delivered into my custody; those breeches were brought to me with the prisoner; they have been in my custody ever since. William Page. These are my breeches, I know them by the shop mark. Q. (To Mrs. Evans.) Are you sure the prisoner at the bar is the person that was brought back? - A. Yes; but I cannot exactly say he took the breeches away. NOT GUILTY . Tried by the second Middlesex Jury, before Mr. Baron PERRYN. 379. JOHN RYAN was indicted for feloniously stealing, on the 16th of May , a cotton shirt, value 1s. a calico shirt, value 6d. a linen handkerchief, value 1d. a silk handkerchief, value 2d. a pair of cotton stockings, value 3d. two calico bed-gowns, value 10d. and two linen night caps, value 10d. the property of Richard Thomas . RICHARD THOMAS sworn. - I live in Spice-island, St. George's ; I am a watchman in Shadwell: I lost the things mentioned in the indictment, on the 16th of May; I was come from my watch, and I went to bed about half an hour after six o'clock in the morning; my wife heard a noise, and called out to me to come and assist her to take a thief; I took him in the yard, he had the things upon him (produces them); he had them in this bag, the bag was in his hand; this is my shirt, handkerchief, and stockings. Mrs. THOMAS sworn. - I heard a noise like a piece of wood falling down, between seven and eight o'clock, on the 10th of May, I saw this man, the prisoner, standing against the window, I saw him take every thing out; the window was broke, my husband broke it by accident; and out of the hole I saw him take the things one by one and put them into his bag, he then turned himself round in order to go out, and I asked him what he was going to do with them; he answered, no good; I asked him again, and he told me he was going to pawn them. This shirt and shift is mine, this silk handkerchief is mine, I have the fellow of it at home; there are two bed gowns and a pair of stockings. Prisoner's defence. She saw nothing in my hand. GUILTY (Aged 75.) Confined six months in the House of Correction , and fined 1s. Tried by the second Middlesex Jury, before Mr. Justice GROSE. 380. WILLIAM MACKENSY was indicted for that he, on the 15th of February , did falsely make, forge, and counterfeit, a certain order for the payment of money, with the name Charles Seymour thereto subscribed, purporting to be the order of the said Charles Seymour , to Edward Wilkinson , or bearer, for the sum of £10. dated Manchester, 7th day of January, 1797, and drawn upon Messrs. Pybus, Call, Hale and Grant, banker s, in London, with intent to defraud Mary Wetherall , widow . Second Count. For uttering and publishing the same as true, knowing it to be forged. Third and fourth Count. The same as the first and second, only charging an intent to defraud Messrs. Pybus and Co. JEMIMA AVERY sworn. - I live with Mrs. Wetherall, who keeps a shop , No. 274, Wapping : On the 15th of February last, about four o'clock, the prisoner came to our house; he came in and asked me if I sold shirts, I told him, yes; he desired to look at some; I shewed him some, and when I had shewed him some shirts, he asked for some stockings, which I shewed him; he asked me the price of the shirts, and I said there were four shirts at 11s. a piece, and two at 12s. each; he asked me the price of the stockings; there were two pair at 3s. 6d. two pair at 2s. 6d. and two pair at 3s. a pair, in all 4l. 7s. when I had packed up the things, he gave me a note for 10l. which I have. (Produces it). Q. Are you sure that is the same note? - A. Yes. Q. Have you kept it ever since? - A. No; but I am sure it is the same note; I put no particular mark upon it, I know the number was 398, it was greasy, and I took notice of the two indorsements, E. Wilkinson and Thomas Green. Q. Did he give you that note in payment for the shirts and stockings? - A. Yes; I told him I had not change to give him; he told me he was a captain of a ship, that his name was Hawse; he wrote it down, he said he lived at No. 25, Burr-street, Wapping, and desired me to send the change of the note in an hour's time, and if I did not, he would come for it, he never came for it; I gave it to the maid first to get change for it, she did not get it changed, and at eight o'clock in the evening, Mrs. Wetherall came home, and I presented her the note and the address that he gave me and she went there. Q. Did you go with her? - A. No. Q. When did you see the prisoner again? - A. The next day. Q. Are you sure it was the same man? - A. Yes; a watch-maker, in Burr-street; Mr. Luck came, and I went there, and saw him; I asked him why he took me in for these things, and he said, he had given me a note for them; I asked him why he did not come for his change, and why did he give me a false address; he said, he trusted to my honour in sending the change, he was not at all uneasy about it; and he pulled another note out of his pocket, and said, here is another note for the one I gave you, is that a forged note? a gentleman behind him desired to look at it, and he said, he did not chuse to trust his property in another man's hands, and he immediately folded it up, and I did not see it afterwards. Cross-examined by Mr. Alley. Q. This conversation was the next day? - A. Yes. Q. Had he any company with him the first time? - A. No. Q. Were there any other customers in your shop? - A. No. Q. You did not send the money as you had promised? - A. No; I could not get change. Q. And this man came the next day so near your own neighbour? - A. Yes. MARY WEATHERALL sworn. - On the 15th of February, about eight o'clock in the evening, I came home with a Mr. Goddard, who is in Court, when Jemima Avery told me she had sold some shirts, and gave me a note wrapped in a paper, I gave it to Mr. Goddard to present for payment, I never had it in my possession; Mr. Goddard was to carry it to Messrs. Pybus's to get it changed. Q. It was a note upon Mr. Pybus's house? - A. Yes. Q. Did you see the prisoner at any time afterwards? - A. Yes, the next day; I was sent for to Mr. Luck's, the watch-maker, I went with the servant who took the note, I asked him how he came to obtain goods from my servant upon a false note; he said, madam, if you do not like the note, give it me, and I will pay you for your shirts; I told him, I had not the note, that it was at Mr. Pybus's; there was an officer sent for, and he was apprehended. Q. Did he tell you where he got the note? - A. I do not recollect whether he did or not, to the best of my recollection he said he had taken it at Portsmouth; he called himself captain Wilson, I think. Cross-examined by Mr. Alley. Q. As to the note, you know nothing in the world about it? - A. It is in the girl's hand. Mr. Alley (To Avery.) Q. Were these indorsements upon it, when you took it? - A. Yes. Q. You took no more notice of this, than you would of any other note? - A. It was with me so long that I knew it again. Q. Do you mean to undertake to swear merely from the circumstance of these indorsements, and the note being greasy, that this is the note you received of the prisoner? - A. Yes. Q. Now, be so good as point out where the grease is? - A. I do not see it now, it has been in several hands, it may have got out, I know it from the number and the name. Q. Do you mean to swear upon your oath, that if any body had come to you, you could have told what the number was? - A. I could. Q. Had you got the number of it off by heart then, when you received it? - A. Yes. Q. You put it in your pocket, I suppose? - A. Yes. Q. Do you mean positively to swear that you can recollect the number? - A. No; it is the note, No. 398. Q. You did not put it down in any book? - A. No. Q. How long has it been out of your possession? - A. From the next day after I took it. Q. And yet you will positively swear that that is the note? - A. Yes. (It is read). No. 398. £10. Manchester, No. 398. Messrs. Pybus, Call, Grant, and Co. Bankers, London. Pay on demand to Edward Wilkinson , Esq. or bearer, the sum of ten-pounds, value received. Manchester the 7th day of June, 1797. Charles Seymour . Q. When his Lordship asked you, whether the note in your hand was the note you received from the prisoner, did not you turn about to that lady, and say, you did not know it was the note, or something to that effect? - A. No, I did not. EDWARD GODDARD sworn. - I was with Mrs. Weatherall on the 15th of February, she called upon my mother, and I came home in the evening, and found her there about seven o'clock; she wished to go home, I had some business that way, and accompanied her; we went into the parlour, and Jemima Avery told her, she had sold some goods, and immediately unfolded a paper with the note in it, and a direction to captain Hawse, No.25, Burr-street; it was a Manchester Bank-note for 10l. this is the note, and there were, at that time, some saint appearances of grease, they are now much fainter, but I rather think, I can see them now; I looked at it, when I opened the paper and saw the drawer's name, Charles Seymour ; I know Manchester pretty well. Q. Did you happen to know of any such person as Charles Seymour , at Manchester? - A. Never; the moment I saw the drawer's name, I immediately said, I believed there was no such person as Charles Seymour lived there, at least of respectability enough to draw a note of that description, neither did I recollect the name of Edward Wilkinson, to whom the note was payable in that neighbourhood; I was much afraid Mrs. Weatherall was swindled, I made use of that expression, that I thought the note was a bad one; I then offered to accompany her to Burr-street, where captain Hawse said he lodged; I went with her, and enquired of the lady of the house, she said, they had no lodgers of any description, and she did not know any such person; we came back again to Mrs. Weatherall's house, and I told her I was going to the west end of the town the next morning, and if she chose, I would present it for payment; I took the note with me, and presented it at Mr. Pybus's house, about half past nine o'clock; the clerk I gave it to, looked at it a little while, and said it was a bad one. Q. Was it or not paid? - A. It was not; payment was refused; I left the note with Mr. Brookes, one of Pybus's clerks, who is in Court. Cross-examined by Mr. Alley. Q. I believe, all you have been saying about supposing it was a bad note, was in the absence of the prisoner? - A. Yes. Q. How long is it since you have been at Manchester? - A A year and a half. Q. Do you live in the town of Manchester, or do you reside in the country part? - A. I live about five miles out of Manchester, but I was backwards and forwards every day. Q. You suppose it requires a vast degree of respectability to draw a note of 10l.? - A. Yes, on demand. Q. Will you undertake to swear, that man's life being at stake, that there is no such person living at Manchester? - A. No, I will not. Q. Which of the Manchesters was it that you lived at? - A. Manchester, in Lancashire. Q. There is another in Warwickshire, is not there? - A. I cannot say; there is a place called Godmanchester. Court. Q. Do you know whether, when a note is drawn at Godmanchester, it is called Godmanchester, or Manchester? - A. I never saw a note from there. Mr. Alley. Q. Have you carried on business in Manchester lately? - A. No. [Text unreadable in original.] say, that you are adequate at all to form an opinion, whether there is such a person there or not? - A. Certainly not, I was only stating what I had said to Mrs. Weatherall. SAMUEL BROOKE sworn. - I am clerk in the house of Pybus and Co. I only come to prove there is no correspondence between our house, and a house of the name of Seymour. - CHILCOTT sworn. - Q. Did you receive this note from Mrs. Avery, in February? - A. Yes; there were some spots of grease upon it, but I do not see them now so plain; the grease was a deal plainer when I had it; I believe it is the same note, to the best of my knowledge; I did not take notice of the name, nor any thing, only of the grease. Cross-examined by Mr. Alley. Q. You do not mean to swear to that note at all? - A. If the grease had been plainer, I should have been more certain. Q. Do not you know, that when grease gets upon any thing, it increases, and does not walk off? - A. Yes; but I cannot perceive the grease now. EDWARD RIGBY sworn. - I reside with my father in Manchester. Q. What age are you? - A. Thirty. Q. Have you lived all your life in Manchester? - A. Yes; I am a manufacturer. Q. Are you acquainted with the persons at Manchester, who are in the habit of drawing bills, and upon whom bills are drawn? - A. Not with the whole, with many I am. Q. Do you know Manchester well? - A. I have lived there all my life. Q. Do you know any person of the name of Charles Seymour , at Manchester? - A. None. Q. Did you ever know any person of that name? - A. Never. Q. Do you know any person of the name of Edward Wilkinson ? - A. Not in Manchester; there is a person of the name of Wilkinson, about six miles from Manchester, a gardener, I believe his name to be Edward, but I cannot assert it. Cross-examined by Mr. Alley. Q. How long have you been in town? - A. A fortnight. Q. You did not come on purpose? - A. No; I received a subpoena this morning. Q. There is a person of the name of Wilkinson a little distance from Manchester? - A. Yes. Q. And it is no uncommon thing for persons reding a little out of Manchester, to come there to their business? - A. No. Q. There are a great number of persons in Manchester that you know nothing about? - A. Certainly. The prisoner left his defence to his Counsel. For the Prisoner. GEORGE WEDDULL sworn. - Examined by Mr. Alley. The prisoner is a relation of mine, I have known him all my life, I never knew any harm of him; he always kept his places a long while. Court. Q. What places? - A. In the capacity of a footman . Court. Q. Where did he live as footman? - A. One place was Mr. Crouch's in Lime-street-square, and the last, Mr. John Barron 's, in Broad-street; he lived there years to my knowledge. Q. How lately do you know him to have been a footman? - A. It is three years since I have seen him till within these few days. Court. Q. What is his name? - A. William Mackenzie ; that is the name I have known him by all my life. GUILTY Death . (Aged 39.) Of uttering, knowing it to be forged. Tried by the first Middlesex Jury, before Mr. Justice GROSE. 381. WILLIAM BURKE and SARAH BURKE were indicted for feloniously stealing, on the 28th of April , a pair of calico sheets, value 30s. a pair of linen sheets, value 30s. three other linen sheets, value 30s. a calico sheet, value 10s. two linen pillow cases, value 2s. five damask table cloths, value 4l. 4s. a diaper table cloth, value 1d. 14s. thirteen damask napkins, value 1l. 4s. five calico napkins, value 3s. five other calico napkins, value 3s. three draper breakfast cloths, value 5s. a draper towel, value 6d. twenty-three calico shifts, value 3l. 3s. five linen shifts, value 1l. 1s. two satin gowns, value 2l. 2s. two silk gowns, value 2l. 2s. two calico bed-gowns, value 4s. seven satin petticoats, value 4l. two silk petticoats, value 1l. 1s. four Marseilles petticoats, value 1l. 1s. three dimity petticoats, value 10s. two flannel petticoats, value 5s. two linen aprons, value 5s. one muslin apron, value 2s. three muslin shawls, value 10s. 6d. two silk handkerchiefs, value 2s. two calico handkerchiefs, value 2s. three linen handkerchiefs, value 2s. 6d. nine linen pocket handkerchiefs, value 9s. a silk cloak, value 10s. a calico bed cover, value 21s. two silver table spoons, value 2ls. and three silver tea spoons, value 5s. the property of George Watson Hand , clerk , in his dwelling-house .(The case was opened by Mr. Knowlys.) GEORGE WATSON HAND sworn. - Examined by Knowlys. Q. Do you know the two prisoners at the bar? - A. Yes; they were both in my service: I live in the vicarage-house of St. Giles, Cripplegate ; the man came to me first in the capacity of footman , the woman was in the capacity of cook ; they married during the time they were in my service, they left me on the 28th of April; I did no miss the property till they were apprehended, on the 5th of May. Q. Where was this property deposited? - A. In every part of the house; the principal part of it was in two different garrets, locked up in boxes; the man slept in the garret next to that where the boxes of wearing-apparel were, and the woman in the garret next adjoining to where the linen was. Q. Had they access to that garret? - A. The garret where the linen was, was constantly locked, and the key in my possession, but that was not locked where the wearing apparel was. Q. Were all the articles in the indictment missing after you received the information? - A. Yes. GEORGE PURSE sworn. - Examined by Mr. Knowlys. - I am a pawnbroker, servant to Mr. Salkeld, in the Strand; the prisoner, Sarah Burke , came to me on the morning of the 5th of May, about half past ten o'clock; the produced me two pair of sheets, she wanted to pledge them for four guineas, one was calico and the other linen; I asked her whose they were, and she said, she did not know exactly; I asked her who sent her with them, and she said, a woman, which woman was a servant of the owner; I went with her to where the lived, No. 6, in Castle-court, in the Strand, and she went about half way up stairs so far as she could see the door of the one-pair of stairs room, and she said they were not there; I asked her who was not there, she made no answer, but came down stairs directly; I followed her, and she went into the shop of the woman who keeps the house, it is a chandler's shop, and enquired of her whether Mr. Burke had been there that morning, and the woman told her, he was there just now; I asked her who Mr. Burke was; says I, is he your husband, she said, he was; I asked her if the sheets belonged to him, she said, they did not, but they belonged to an acquaintance of his; I asked her then where she thought he could be, and she supposed he was at the Horse-shoe public-house, in the Strand; the prisoner and I went there, but he had not been there that morning; and in returning to her lodgings again, she pointed out her husband to me at the farther end of the court, that was the other prisoner; we walked up to him, and he was very angry with his wife for staying so long; I told him I was the cause of her staying out so long; I asked him who the sheets belonged to; he asked me, what business was that of mine; I told him it certainly was, and before he had the sheets again, I must know that he came honestly by them; I asked him where he got them, he said, of a Mr. Donovan, a Jew broker in the city; I asked him how long he had had them, and he said, five years, and that he gave twelve guineas for them; I told him I did not believe he came honestly by them, and he must go with me to Bow-street; he said, he would not go any where with me, and threatened to punish me if I stopped his property; I told him I would certainly stop him and the property too; I told him to go home with me where I had left the sheets; he said he would not go any where at all with me; I told him he certainly should go with me, and if he did not go quietly, I would alarm the neighbourhood; and after these threats, he went with me quietly, and he was committed, (the sheets produced); these are the same sheets that the woman brought to me; I afterwards went to their lodgings again; I returned with the officer from Bow-street, far the woman; I found her locked in the room up one-pair of stairs, that she took me up to before; and I left her there in custody of the officer. Q. Were you present when a search was made by the officer? - A. Yes, by Rivett. Q. Was Fugion there too? - A. He came afterwards; we found a box of linen, which is in the officer's custody. EDWARD FUGION sworn. - Examined by Mr. Knowlys. I am one of the officers of Bow-street; on the 5th of May I went to the prisoners lodgings; I found a great quantity of linen of all sorts almost, silk gowns, and petticoats; there was one box totally full, not unpacked. Q. You have brought here all that you found? - A. Yes. (Produces them). Q. Does Rivet know any more than you? - A. No. Cross-examined by Mr. Gurney. Q. You found some things in the box, and some out of the box? - A. Yes. Q. What do you mean by packed? - A. In a box, corded. MARTHA DICKINSON sworn. - Examined by Mr. Knowlys. I am the wife of Mr. Barrett Dickinson ; I packed up a great quantity of linen for Mr. Hand's daughter; they were left to her by her grandmother. Q. (To Mr. Hand.) What age is your daughter? - A. Thirteen, in December last. Mrs. Dickinson. The things that I saw at Bow-street, were the things that I packed up in the box. Q. See if these are the same things; is that the same box in which they were packed up? - A. No, it is not; I do not know any thing of the sheets. Mr. Hand. The sheets are my property, they are not my daughter's; I know them to be mine, they have my mother's initials upon them. Cross-examined by Mr. Gurney. Q. These persons have lived in your service a considerable time? - A. Yes. Q. Consequently any opportunity they had of robbing you must have occurred frequently? - A. Every day, I should suppose. Q. You cannot say that they took eight or ten articles at one time? - A. No, I cannot. Q. They had an opportunity of taking them one at a time, if they pleased? - A. Yes, they had. Mr. Knowlys. Q. Are they fairly stated to be of the value of thirty shillings each pair? - A. I consider them to be worth a great deal more. William Burke left his defence to his Counsel. Sarah Burke was not put upon her defence. Court. (To Mr. Hand.) Q. When had you seen these things? - A. I saw the linen in January. William Burke GUILTY. Of stealing to the value of 39s . Transported for seven years . Sarah Burke NOT GUILTY . Tried by the London Jury, before Mr. Justice GROSE. 382. HENRY SMITH and THOMAS WHITE were indicted for feloniously stealing, on the 30th of April , two gallons of rum, value 30s. the property of Elizabeth Butler , widow , and Thomas Butler . (The indictment was opened by Mr. Knapp, and the case by Mr. Const.) THOMAS BUTLER sworn. - I am a wine-merchant , in partnership with my mother, Elizabeth Butler , widow; we have a bonded vaults in Plough-court, Seething-lane : bonded vaults are for rum that has not paid duty, and is under the King's lock: In consequence of some information from Mr. Green, the Excise-officer, I went to Mr. Botheroyd, the person that we rent the vaults of; over the vault is a stable that Mr. Stansfield rents of Mr. Botheroyd. Q. Do you know the prisoners at the bar? - A. I do: White was servant to Mr. Stansfield; Smith was servant to Messrs. Hodgson and Hayter, in Seething-lane; I got some other information from Mr. Mead, and he and I, and Mr. Botheroyd, all three went and examined the vaults; over the stairs is a bulk head-way to go down into the vaults, there we perceived a water-tub that stands over the bulk head, under that were some boards, loose, that had been nailed down formerly, and we put our hands under them. Q. How many boards were there loose? - A. I cannot say; I dare say there were three or four of them. Q. Did you take the boards up? - A. No, we left them as we found them; I went to Mrs. Haydon's and begged her to let us set up and watch in her cellar, which is directly opposite the stable, and nothing could go in without our seeing it; we did go there, myself, Mr. Mead, the Excise-surveyor, and my brother; we went about eleven at night, and about half past seven the next morning, we saw the prisoner, White, come to his mistres's stable; he unlocked the door and went in, we supposed to clean his horses, and Smith went in to him about eight o'clock, or rather before; I saw White empty the water-tub at the stable-door, and put on one side; the prisoner Smith then went out and got a light and brought in with him, and then White took the key out of the stable-door, and put the stable-door to, and shut themselves both in; I then waited a few minutes, and went out to Mr. Botheroyd, and he and I went and got a couple of constables, and I left Mr. Botheroyd and the two constables at the bottom of the court; I then went up to Mrs. Haydon's cellar and informed Mr. Mead, and then we came out, and just as we got out, the prisoner, White, opened the stable-door. Q. How long might it be from the time you saw them shut the door to that time? - A. About twenty minutes; he looked about, I suppose, to see if the coast was clear, and then he pulled the door to. Q. Then after he had satisfied himself, he went away again? - A. I fancy he saw somebody, and pulled the door to again pretty sharp; I then called to Mr. Botheroyd, and the two constables, to come up to the stable-door; they did come up, Mr. Botheroyd went to open the stable-door and there was a little resistance made. Q. From the inside, I take it for granted? - A. Yes; they then ran round as if they meant to come out at the other door of the stable; upon which Mr. Botheroyd told them if they offered to stir he would blow their brains out, he had a pistol; I was at the stable-door at the time, and saw the two prisoners in there; Mr. Crane, the constable, caught hold of one, and Mr. Jewson caught hold of the other, and made them prisoners; the prisoner, Smith, said, God bless you, forgive us, and we will pay for the rum. Q. At that time White was close by them? - A. Yes; but I did not hear any thing he said, except, upon being challenged, he denied it at first. Mr. Gurney. Q. This was not said till you had said something to them? - A. We had challenged them with it. Q. And you told them, one of you, that it was better to confess it? - A. Not that I know of. Court. Q. Did you make them any promise? - A. No. Court. Q. Did you threaten them? - A. No. Mr. Gurney. Q. Did not you threaten them a good deal? - A. No; they were a great deal frightened at being detected; we challenged them that they had something, they at first denied it; and then Smith said to White, you had better give it them; White said, you know where it is best; Smith then reached over to the furthest stall in the stable, and pulled out a stone bottle full of rum from amongst some trusses of straw; I then begged Mr. Mead, the Excise-surveyor, to take off the lock of the vault, that we might go down and see what they had been at. Q. Did you go down when the lock was taken off? - A. I did. Q. Did you observe any thing particular in the bulk-head that you have described? - A. The boards were laid on but the water-tub was not; and at the farther part of the vault, on the left-hand, there was a hogshead of rum which had been bored in the head with an implement, a kind of augur, or spike-bit, which we found in a sack in the stable, the sack was all wet at one corner with rum; we have the augur and the spike-bit here, they had put a kind of a fauset into it that was not big enough, and it was leaking very fast; and on that hogshead there were several drop of blood quite fresh, and on the ground likewise; I then called Mr. Botheroyd from up stairs, and the constables, they came and looked at it; Mr. Botheroyd then went up into the stable, I staid there five minutes to make it as sight as I could; I went up in a few minutes, into the stable, and there were the two prisoners, and the constables, and Mr. Botheroyd, and several other people; I saw Smith's little finger had been torn or cut, was very bloody, and was then bleeding; they were then taken away and secured; we went back again and found the sack, and the two implements in it. Q. Such as you suspected had been used to bore the hogshead? - A. Yes; we found nothing in the sack but a gimblet and a spike-bit. Cross-examined by Mr. Gurney. Q. Who is in partnership with you? - A. My mother, Elizabeth Butler . Q. Any body else? - A. No. - BOTHEROYD sworn. - Examined by Mr. Const. I am the proprietor of the vaults, I know both the prisoners, Smith in particular I have known eight years, as carman to Messrs. Hodgson and Hayter, they are packers; and the other was servant to Mr. Stansfield. I went down into the vault with Mr. Butler, and looked over it, and saw the blood upon the hogshead; I went up and saw his hands bloody, and I said, my lads, you have not done this business clean, you should have been more careful. DANIEL JEWSON sworn. - Examined by Mr. Knapp. I apprehended the prisoners; I found these two implements, and the sack in the Cellar. Smith's defence. I am quite innocent of the affair. White left his defence to his Counsel. The prisoners each called four witnesses, who gave them a good character. Smith GUILTY (Aged 40.) White GUILTY (Aged 22.) Transported for seven years . Tried by the London Jury, before Mr. Baron PERRYN. 383. RICHARD IVORY was indicted for that he, on the 8th of April , did falsely make, forge, and counterfeit a certain bill of Exchange, with the name of Henry Weeks thereunto subscribed, bearing date, Worcester Old Bank, 13th of March, 1797, purporting to he drawn by H. Weeks, on behalf of Joseph Berwick , William Wall , and Elias Isaac , of the City of Worcester, Bankers, and partners, and to be directed to Messrs Robarts, Curtis, Weare, Horneyold, Berwick, and Co. for the payment of 70l. 11s. to the order of Mr. R. S. Stevenson, value received, with intention to defraud the said Messrs. Robarts, Curtis, Weare, Horneyold, Berwick, and Co. Second Court. For uttering and publishing the same, as true, knowing it to be forged. And several other Counts, charging the same offence but varying the manner of charging it. The case was opened by Mr. Knowlys, but it appearing in evidence that the hill had been lost or missed, the prisoner was ACQUITTED . Tried by the London Jury, before Mr. RECORDER. 384. SAMUEL SAMS was indicted for feloniously stealing, on the 24th day of May , a black leather case, value 1s. and a bill of Exchange, value 46l. 11s. the property of Charles Prosser . CHARLES PROSSER sworn. - I am clerk to Messrs. Bowles and Company, Friday-street; the leather case was taken out of my pocket on Wednesday the 24th of May, between one and two o'clock in the afternoon; I was walking with William Marshall , we were going to Somerset-house, and between Norfolk-street and Somerset-house , I felt a twitch at my coat, upon which I let go of my friend's arm, and clapped my hand to my right-hand pocket, and I found the case was gone; I exclaimed I have lost my case; I immediately turned round and saw the prisoner with the case in his hand; he was behind me when I turned round, he immediately dropped it, I laid hold of him by the collar, and called to my friend and said, this is the man; Mr. Marshall laid hold of him, while I picked up the case; some of the papers sell out in consequence of the fall on the ground, I went to Somerset Coffee-house, and put the papers in again; there was a bill of exchange for 46l. 11s. unsatisfied at the time, but it was accepted, it was payable on the 25th of July, I have kept it ever since, except when it went out of my hand for Mr. Johnson to make out the indictment, but I put a mark upon it. WILLIAM MARSHALL sworn. - I met the prosecutor, Charles Prosser , near, Temple-bar, and I joined him, and walked arm and arm with him; and just opposite Newcastle-street, he exclaimed, I have lost my case; we turned round immediately, and challenged the prisoner with having taken it out of his pocket; he said, this is the man, I saw the case in his hand; I instantly turned round and saw the case lying at the prisoner's feet; I took him to Bow-street. Court. Q. Who picked up the case? - A. Charles Prosser . Prisoner's defence. I was going along the Strand, and this gentleman turned round and caught hold of me; be collared me, and said, I had got something from him, and he took up that great large pocket-book from the pavement. GUILTY (Aged 34.) Transported for seven years . Tried by the second Middlesex Jury, before Mr. RECORDER. 385. EDWARD JARMIN was indicted for feloniously stealing, on the 1st of May , four dollars, value 10s. the property of Lewis Teissier . (The case was opened by Mr. Knowlys). JOHN JAMES LEJEUNE sworn. - I am clerk to Messrs. Teissier and Co. I know the prisoner at the bar, he lived in Mr. Teissier's service, as an under footman; I missed some money out of my desk, it was Mr. Teissier's property; in consequence of which I marked some dollars, and left twenty-one of them so marked in my desk; on Monday the 1st of May, I left the office a quarter before four, and about twenty minutes before I left the office, I saw that the money was safe, I locked my desk before I went; Mr. Teissier has a master-key that opens the desk; which is left in the office in his desk, in case I should be absent, that any body might get his key, in order to get money; any of the clerks could get to it, for Mr. Teissier's desk is opened in the morning, and the key left in the desk. Q. Did you leave any body in the office when you went out to dinner? - A. I believe their was, but I don't recollect who it was; I returned to my office a quarter before seven, I opened the desk, and I immediately counted the dollars, and there were out of the twenty-one dollars, only sixteen remaining five were gone; I immediately informed Mr. Teissier; he sent for a constable, John Cox ; there was an enquiry made after the prisoner, but he was not at home; he returned between seven and eight o'clock; and was ordered into the parlour, where the constable was; Mr. Teissier then ordered the constable to search him, and the constable found some shillings and halfpence, and four dollars, I saw them taken from him. Q. When those dollars were produced, did he say any thing? - A. He said he had not taken them. Cross-examined by Mr. Knapp. Q. What are you? - A. I am Mr. Teissier's clerk. Q. How many clerks does he employ? - A. Six clerks. Q. If they are wanted to get at any of those desks belonging to Mr. Teissier's the clerks know where to get the key? - A. Yes, they did. Q. In fact, Mr. Teissier key, after a certain time in the morning, was open to every body in the accompting-house? - A. Yes. Q. The prisoner was a footman ? - A. He was a footman to open the door; he had nothing to do with the accompting-house. Q. Have those dollars the impression of his Majesty upon them? - A. Yes; they have all that impression. Q. Did you leave any body in the office when you went to dinner? - A. I think I left somebody in the office, but I don't know who it was. Q. When you returned, was the prisoner, at home? - A. He was not. Q. Did you search his box? - A. No; the constable did. Q. Any man might have taken dollars out of this desk if they had been so disposed? - A. No doubt of it. Q. The prisoner denied the charge, and said he did not take any? - A. He did. Mr. Knowlys. Q. Were any dollars taken away, when you went to dinner? - A. No; there were twenty-one. Mr. Knapp. Q. How long had the prisoner lived in the family? - A. Two or three years. WILLIAM BAGGOTT sworn. - I am clerk to Mr. Teissier: Between five and six I returned from dinner; the prisoner let me in, there was nobody in the accompting house when I returned. JOHN COX sworn. - I am a constable: I was sent for on Monday the 1st of May, to Mr. Teissier's; I saw the prisoner at the bar, Mr. Teissier gave me charge of him, and desired me to search him; I searched him, and found these four dollars in his breeches pocket (produces them); they have never been undone since. Mr. knapp. (To Lejune). Q. You say you marked them? - A. Yes, I did; I put the letter V. upon them, near the impression of the nose of the King of Spain. Those are the dollars that I marked. The prisoner left his defence to his Counsel. WILLIAM WESTON sworn. - I am a farmer; I live at Athron, in Surrey; I have known the prisoner at the bar fifteen years, I never heard any thing but honesty of him. BENJAMIN WESTON sworn. - I am brother to the last witness; I have known the prisoner the same time, I never heard any thing amiss of him. GUILTY. Transported for seven years . The prisoner was recommended to mercy by the Jury on account of his good character . Tried by the London Jury, before Mr. RECORDER. 386. EDWARD HIND was indicted for feloniously stealing, on the 10th of May , fourteen ounces weight of black tea, value 2s. the goods of the United Company of Merchants of England trading to the East-Indies . Second Count. Laying it to be the property of persons unknown.(The case was opened by Mr. Knapp.) JAMES POWELL sworn. - I am employed in the East-India Warehouse, as commodore; they are situated in Jewry-street : I found some chests of tea plundered on the 9th of May; I found these two bags of tea concealed (producing them) in the further part of the warehouses, a dark part; the prisoner at the bar had been assisting in that place, but not at that particular time. On the 10th, in the morning, I went to see whether the bags were gone; I placed myself behind the chests, and about half after two o'clock in the day time, I saw a man come and take a bag of tea away from the place; I cannot say whether it was the prisoner or another man; I gave information to the assistant elder; the man was taken down to the accompting-house, it was not the prisoner, he was searched, and nothing found upon him. The prisoner came into the accompting house, while we were searching the other man, to hang up the keys of that department where the bags were that I am speaking of; the assistant elder searched the prisoner, and I saw him take two small bags of tea out of his breeches; I did not observe him to say anything then. Mr. Brookers has got the tea. Cross-examined by Mr. Alley. Q. What are you? - A. I am a commodore, to take care of the Company's business. Q. I understand you have a guinea for every prosecution? - A. I expect nothing. Q. Upon your oath, don't you expect a guinea from the East-India Company, for every man you convict? - A. I never heard of it, I can say nothing to it, I never received any thing of the kind. Q. You did not see the prisoner take the tea? - A. I saw one of the two men, but I don't know which it was. Q. The prisoner came to hang up the keys? - A. Yes. Q. Do you mean to swear he would have been brought into the Costom-House, if he had not come? - A. The information was given against both of them. Q. Might not the man have gone out of the gate, instead of coming into the accompting house? - A. He might have attempted, but he would have been stopped. JOHN BROOKES sworn. - I am an assistant elder belonging to the warehouses; my particular line of duty is to see justice done to the Company; I look over all the men in general; I searched the prisoner myself in the accompting-house, I found two bags of tea upon him, in his breeches, he said nothing at the time; we went afterwards to Mr. Saunderson's accompting-house, and Mr. Saunderson had asked him some questions, he said, "I am a"mined man, I have nothing to say, I am a ruined"man." Cross-examined by Mr. Alley. Q. You were searching another man? - A. I was searching another man at the time the prisoner came into the accompting-house, I desired him to stop, I laid hold of him. Q. Is that tea the same sort of tea that is in the chests in the warehouse? - A. Yes. Q. Do you mean to swear that that tea was in the warehouse? - A. It is not possible for me to swear to this tea, I can swear I took it from the prisoner out of his breeches. - SAUNDERSON sworn. - I am a principal elder to those warehouses, belonging to the East-India Company; those warehouses are in the City of London. Cross-examined by Mr. Alley. Q. Do you mean to swear, that this tea in question was ever in that part of the warehouses, which are in the City of London? - A. It was on the premises in the warehouses in Jewry-street. Q. Court. Q. How are the warehouses situated? - A. A part of them in the City, and a part of them in the country of Middlesex. Q. Do you know the warehouses from whence the bags of tea were taken? - A. I believe they are in the parish of St. Katharine's, in the Ward of Aldgate. Q. Is that warehouse, from whence the tea was taken, in the City of London? - A. Within the City walls. Mr. Brooks. That part of the warehouse is within the City of London; I mean that part of the warehouse where the bags of tea were found. Court. Q. Where he was examined, was that in the City? - A. Yes. The prisoner left his defence to his Counsel. HENRY BAILIES sworn. - I am a master taylor, I have known the prisoner seven years, I never knew any harm of him. HENRY JAMES sworn. - I am a broker; I have known the prisoner fifteen months, I believe him to be honest. RALPH BUCKMAN sworn. - I have known the prisoner twelve months, I believe him to be honest. JOHN CLARKSON sworn. - I am a master tackle-porter to the Draper's Company; I have known the prisoner fourteen years, I knew him in his prosperity, he has lost his wife, and has some small children. GUILTY , (Aged 40.) Confined six months in the House of Correction , and fined 1s. Tried by the London Jury, before Mr. RECORDER. 387. WILLIAM COX was indicted for feloniously stealing, on the 22d of May , ten ounces weight of indigo, value 2s. the goods of the United Company of Merchants of England, trading to the East-Indies . Second Count. Laying it to be the property of persons unknown.(The case was opened by Mr. Knapp.) DAVID WALKER sworn. - I am employed in the East-India Company's Warehouses, Jewry-street, Aldgate ; the prisoner was a labourer , employed there; I went down to the ground-floor, where the prisoner was at work, about ten o'clock, I thought there was something going on that was not right; on the labourers having done their business, our elder ordered them up stairs; when they were gone, I found a bag of indigo, concealed under a board, I placed myself in a part of the warehouse, where I could see who took it away; I saw the prisoner; William Cox , take the bag, and put it into his breeches; I took hold of his arm, and told him he had got something that was not his own, he immediately pulled the bag out of his breeches himself, without speaking a word, it is this bag of indigo (produces it); this is the bag, it is in the same state in which I found it, he afterwards begged to be forgiven. - SAUNDERSON sworn. - I remember the prisoner at the bar being brought in by Walker, I saw him take the bag from his breeches himself. Mr. Knowlys. Q. Is that part of the warehouse, from whence the bag was taken, in the City of London? - A. I cannot say. The prisoner left his defence to his Counsel, and called four witnesses, who gave him a good character. GUILTY , (Aged 34.) Confined six months in the House of Correction , and fined 1s. Tried by the London Jury, before Mr. Baron PERRYN. 388. SAMUEL SUDLOW was indicted for feloniously stealing, on the 3d. of May , a pair of leather saddle-bags, value 15s. containing one blue cloth coat, value 1l. 5s. a striped cotton waistcoat, value 6s. a pair of nankeen pantaloons, value 4s. a pair of silk stocking breeches, value 10s. a pair of worsted stocking breeches, value 5s. a pair of cotton drawers, value 1s. six pair of cotton stockings, value 15s. three pair of silk stockings, value 12s. two linen shirts, value 10s. a muslin cravat, value 1s. six linen pocket handkerchiefs, value 3s. two razors, value 3s. and a razor strop, value 2s. the property of J. Cholmely , Esq .(The case was opened by Mr. Knapp.) WILLIAM DOREY sworn. - I live at the Greenman and Still, Oxford-Road : On Wednesday the 3d of May, my porter lost a pair of saddle-bags, his name is George Clare , belonging to John Cholmely , Esq. on making an enquiry, strong suspicion fell upon the prisoner; in consequence of which, I obtained a search warrant, and searched the prisoner's lodgings, I found a great part of the things marked with Mr. Cholmely's initials, a great part of the things the prisoner looked out himself from some drawers that were in the room; he was a perfect stranger to me, his lodgings were in Whitcomb-street, Charing-Cross; I told him the occasion for which we came, he made no kind of resistance, but looked a great number of the things out himself; I have been in possession of the different articles ever since. (Produces them). Q. How came they to be in the possession of your porter? - A. They were delivered to him by my mother, they were left at my house to be delivered to Mr. Cholmely, they came by the Oxford stage. Cross-examined by Mr. Knowlys. Q. I believe those things were lost on Wednesday the 3d of May? - A. Yes. Q. And the search warrant you did not obtain till the 4th? - A. No, it was about half past eleven in the morning. Q. There was time enough for him to have pawned the things, or to have made away with them? - A. He picked them out himself from his own property. Court. Q. Did he give you any account how he came by the things? - A. No, he did not; he seemed very much confused. JOHN HITCHCOCK sworn. - I am servant to Mrs. Cholmely, Mr.Cholmely's aunt; those are Mr. Cholmely's things, expect this handkerchief; I know they all belong to Mr. John Cholmely , because I have had them so many times in my care; for when Mr. Cholmely is in town, he is frequently at Mrs. Cholmely's, and I always waited upon them. Prisoner's defence. I found those bags near Carnaby-market; and upon suspicion, they came to my house, they found me in the house; I am quite innocent of the affair; I know no more about it than the child unborn. The prisoner called two witnesses, who gave him a good character. NOT GUILTY . Tried by the second Middlesex Jury, before Mr. Justice GROSE. 389. CHRISTOPHER GRAHAM was indicted for feloniously stealing, on the 20th of May , a bound book, called an account-book, value 6d. the property of James Bolland . (The case was opened by Mr. Raine.) WILLIAM THOMAS sworn. - Examined by Mr. Raine. I am a cheesemonger, in Honey-lane-market: the prisoner came to our house a little time back, I cannot say when, I think within these three weeks; he said he had got a book of wastepaper to sell, and asked what I gave a pound; I said, two-pence a pound was the price of waste-paper. Q. Should you know it again if you saw it? - A. I do not know that I should; I think I gave him fourteen pence for it; soon after, I cannot say whether it was a week or ten days, Mr. Bolland's servant came for some butter, and I tore half a sheet of to put the butter in, and sent it to Mr. Bolland's, by his servant. MARY DAWSON sworn. - Examined by Mr. Raine. I am cook to Mr. Bolland: On the 20th of May, I went to Mr. Thomas's shop, to know how he came by the paper that came with the butter, and Mr. Thomas gave me a book without a cover, which I took to Mr. Bolland. Q. Was the prisoner at Mr. Bolland's when you carried it there? - A. I do not know, I gave it to Mr. Heptinstall, Mr. Bolland's clerk. WILLIAM HEPTINSTALL sworn. - Examined by Raine. I am clerk to Mr. Bolland: I received a book from the last witness, which Dickinson, the officer, has; it was delivered to him. (Dickinson produces the book). Heptinstall. This is the book. Q. Were you present when any thing was said to the prisoner about the book? - A. Yes; I told him the leaf had come home on a lump of butter, and that had led to the discovery; I asked him if he had ever sold waste-paper or taken any books away. Q. Had you told him it would be better to confess? - A I did not. Q. Are you sure of that? - A. Yes; he denied it; he then left our house and went to breakfast; I saw him again between nine and ten o'clock; the maid-servant went and fetched the book, and I did not say any thing upon the subject, to him, till one or two o'clock; he persisted in denying that he had taken it, and I insisted upon his going to Mr. Thomas's with me; when he found that we had got the book in our possession, he said he had taken it away, and sold it to Mr. Thomas, for fourteen pence, and there the matter rested till Monday, to look over our books, to see if any thing more was missing. Q. Is that the book that he said he had sold to Mr. Thomas? - A. Yes. Q. (To Dawson). Is that the book you gave to Mr. Heptinstall? - A. Yes; it is the same that I had of Mr. Thomas. Q. (To Heptinstall). Do you know that to be Mr. Bolland's book? - A. I do, by the hand-writing, it is a day-book. Court. Q. (To Thomas). Is that the book you bought of the prisoner? - A. I cannot swear that it is, I believe it to be his. Prisoner's defence. I have lived with this gentleman seven or eight years, and have been entrusted with cash and goods; I never defrauded him of a single shilling; Mr. Heptinstall has known me ever since I have lived with Mr. Bolland. Q. (To Heptinstall). Has this man had a good character with you as to honesty? - A. Yes; prior to the present time. Q. What date is this book; is it a book in constant use? - A. No; it is a book from 1781 to 1783. Q. Where was it kept? - A. Amongst the other books below that were out of use. NOT GUILTY . Tried by the London Jury, before Mr. RECORDER. 390. JOHN BAKER, otherwise WILLIAM SMITH , was indicted for being at large before the expiration of the term for which he was ordered to be transported . JOHN OWEN sworn. - (Produces a certificate of the conviction of the prisoner in November, 1794); I had it from Mr. Shelton; I did not see him sign it. Mr. Michael John Fitzpatrick proved the hand writing of Mr. Shelton. (It is read). Owen. I know the prisoner to be the man; I saw him at the bar, and saw him receive sentence; I afterwards delivered him, with forty-three others, at Southampton, to serve in the 60th regiment of foot, in the West-Indies; I knew nothing of him afterwards, till I was sent for to see him before the Magistrate; I took him from London, on the 28th of October, 1795, and delivered him the 30th of October, 1795. EDWARD SMITH sworn. - I am an officer belonging to Lambeth-street: On Wednesday, the 24th of May , in company with my brother officer, I apprehended the prisoner at the bar, in St. George's-fields , close by the market, in a little alley; I brought him to the office, and he was committed for farther examination; I apprehended him amongst other persons that were apprehended for the murder, and different robberies that had been committed; and then we discovered that he had returned from transportation; there is no other charge against him. JOHN GRIFFITHS sworn. - I was with the last witness when the prisoner was apprehended. Prisoner's defence. On the 2d. of November, we embarked at Southampton, and returned back thro' a gale of wind; we set fail again, and went right away; we went to Portsmouth, and lay there a little while; and I went right away to the West-Indies, upon the conditions that I was pardoned upon, and joined my regiment, and did duty there for six months; in the course of the six months, there came orders to be sent home, for the 4th battalion to be drafted into the 3d, in consequence the corps returned to England, and the invalids and officers; and I came home as an invalid to Portsmouth, with the corps; we were there four weeks as high as I can guess; I was an officer's servant ; and I asked my master for a pass to go to town to Portsmouth; from Hilsea barracks I went down to Portsmouth, and got amongst some bad women, and got drunk, and never went home that night; I lost out of my pocket, five shillings and my discharge; the next morning I went up to the barracks, and was confined; and then the regiment was ordered to go to Guernsey, and is there now; I was discharged on account of one arm being three inches shorter than the other; I had only been at home eight days when I was apprehended. GUILTY Death . (Aged 26.) The prisoner was recommended by the Jury to his Majesty's mercy . Tried by the London Jury, before Mr. RECORDER. 391. SAINT JOHN CLIFFORD JESSOP, otherwise JOHN JESSOP , otherwise JOHN SAINT JOHN , otherwise CAPTAIN HARCOURT , otherwise CAPTAIN CLIFFORD ; was indicted for feloniously stealing, on the 29th of October, 1795 , a black gelding, value 25l. the property of James Gardiner . (Mr. Laking, one of the Jury, being challenged, William Barnell served in his room). JAMES GARDINER sworn. - I lived, at that time, in Magpie-lane, Oxford : On the 24th of October, 1795, a person of the name of Captain Harcourt, came to Mr. Hinton, to hire a horse to go to High Wycombe, for two days; his horse was out, and so was mine. Q. Look at the prisoner, and see if that is the man? - A. That is the man; I was not certain of it when I was summoned up at first, but I am clear of it now; my horse came in, I saddled the horse, and set him off myself. Jury. Q. The Captain did not tell you he was going to High Wycombe? - A. No; I understood so from Mr. Hinton, the other stable-keeper; I understood him that it was for two days, this was on the Saturday; and on Monday this letter (producing it), came down to Mr. Hinton, from Captain Harcourt, he has signed his name at the bottom of it, W. Harcourt; he never returned, and I never saw him again till he was at Bow-street. Q. Did the prisoner himself tell you he was going to High Wycombe? - A. I do not recollect any thing of the kind, it is a long while ago; Mr. Hinton is here. I got the horse back again the latter end of August, or beginning of September, following; I had a letter to inform me the horse was in Smithfield; I went, and Mr. Blunt had him; they told me he belonged to Mr. Philpot, of Paddington. Cross-examined by Mr. Alley. Q. This took place at Oxford? - A. Yes. Q. How long ago? - A. The 12th of October, 1795. Q. The person, whoever he was, went to Mr. Hinton first? - A. Yes; he asked me what I valued my horse at; and I said, I could not fell him under twenty-five pounds; and he said, the mare would not do for his company, or something of that sort. Q. The prisoner replied, I believe, that he had no objection to him if he liked his paces? - A. I do not recollect; he said, if he liked him he would take him at all the money; I thought he was a gentleman. Q. Did he not ask you if the horse was really your own, that you could fell it? - A. Not a word. Q. Did you tell him that he might rely upon it, the horse was your own, and you might sell it yourself? - A. No; I never said any such thing. Q. You do not, in fact, know any thing about the actual hiring, as to the length of time? - A. No; I heard it from Mr. Hinton. Q. That letter, I believe, contained a note for twenty-five pounds, for the supposed value of the horse? - A. There is the letter. Q. Cannot you answer my question - Was not that the purport of the letter? - A. No. Q. Did you never receive a note for twenty-five pounds, a draft upon a person in town? - A. No; not any body else. Q. In that letter you were told, if he liked the horse he would keep it? - A. Yes; I heard that he had slept at Tetsworth, the first stage from Oxford. Q. That was where he had, in fact, hired the horse to go to? - A. Yes. Q. It was eighteen months from the time of the horse being hired, till you saw any thing of the horse again? - A. It might be ten or eleven months. Q. And you did not see the prisoner till a little while ago, at Bow-street? - A. I did not see him till I was summoned. Q. Are you certain he is the person? - A. Yes; I was not that night, being candle-light, but I am now positive he is the man; he has a dent in his chin. Q. Did not you, over and over again, say you could not ascertain that he was the man? - A. I did not rightly understand Mr. Bond's question, I had been riding up from Oxford; I am very certain that is the man. Q. Was not the question, over and over again, put to you by Mr. Bond? - A. Yes. Q. And you said, over and over again, he was not the man? - A. No, I never said he was not the man. Q. Did not Mr. Ford, another Magistrate, desire him not to put the question any more; for having denied it so many times, it was of no consequence whether you swore it now or not? - A. I did not hear him say any such thing. Q. You have had some conversations with the runners during these examinations? - A. No, only Croker; I asked him how he did, upon the steps, and that was all. Q. Did not Croker tell you there could be no doubt of his being the person? - A. No. Q. Had you ever seen him before he hired the horse? - A. No. Q. Now do you mean to undertake to swear, though you did not chuse to do it upon your examinations? - A. I am very positive and clear that he is the man. ROWLAND EDWARD HINTON sworn. - In October 1795, the prisoner applied to me at my yard, in Magple-lane, Oxford, about eleven o'clock in the day; he said, Hinton, how do you do; I told him he had the advantage of me; he said, did not I recollect him at the Angel I told him no; he asked me how my wife and family were, and I told him; then he asked me if I had a horse sit to carry him as far as Tetsworth or Wycombe; he said, he was going to meet a recruiting party that day; if they were not at Tetsworth, he should go in pursuit of them till he met them, that is to say, as far as Wycombe; I told him, I had not a horse that was capable of performing the journey; Mr. Gardiner being present in the yard, I asked him if he would like to serve the gentleman with a horse; he told him, if he would not over-ride him, he should have his horse; the gentleman wished to see the horse, but not seeing the horse, he turned round, and asked me, if I thought he was a capable horse, I told him he was; I know nothing of their agreement, I took my leave of them and went about my business, and they agreed between themselves; I afterwards saw him ride down the street, over the bridge; I should have told your Lordship, that when he was making himself known to me first, he told me he was a gentleman that I had once dressed, with a lady, at the Angel, (at that time, I followed the capacity of a hair-dresser), and I had then served him with a gig, and he paid me for it, and behaved very genteelly; at first, I doubted it, but he said so much about my serving him, that at last I had no doubt that he was the gentleman, and a gentleman of great respectability, character, and fortune. Cross-examined by Mr. Alley. Q. When you first saw him at Bow-street, you did not undertake to swear to him? - A. No; but the features of the face, the more I have thought of them, the more they occur to me. Q. Is that the way you usually form an opinion, that as the distance of time increases, your recollection increases? - A. No; but when a person has been absent a considerable time, you don't recollect him immediately. Q. Would you undertake to swear to him at Bow-street? - A. I did not. Court. Q. Are you sure he is the man? - A. I am sure he is. Mr. Alley. Q. You did not think he was the man when you saw him at Bow-street? - A. I did think he was the man, though I would not swear to him. Q. Did you ever receive afterwards a note for twenty-five pounds, as the value of the horse? - A. No. THOMAS BLAND sworn. - About the latter end of October 1795, I believe it might be the 29th; the prisoner came to my house in Arlington-street, Piccadilly, he had been there two days; he sent for me up to his apartments, he begged I would excuse the liberty he had taken with me, being a stranger; he said, he was under some very unpleasant circumstances, that he had just arrived from Chichester, with a recruiting party that had come from the West-Indies, light-dragoons; he called himself Captain Clifford; he said, he had got into a very unpleasant affray; he said, he could not think what was the matter with the people in this country, he thought they had an enmity to the army, for he and his brother officers had got into an affray, and he had almost severed one man's arm from his body; two of his brother officers were in custody, and what was very unfortunate, he had lent his servant to a party to go a shooting; he expected his servant to follow him from Guildford, that his business in town was to see his attorney, who was unfortunately out of town, and that his agent would not do any thing without money, and his request to me was, to lend him eight guineas, that he had a horse cost him twenty-five guineas, over at the Three Kings, and that the horse should remain in the stable till he had paid me the eight guineas; the story seemed very well told, and from his manner, I believed him to be what he represented himself, and I lent him the eight guineas; in about two days more, I had a second message from him; he told me then he had sent the attorney's clerk to Chichester, that he had given him all the money he had received from me, that his servant was not yet returned, and begged I would advance him the sum of three guineas more, for which he would give me a written agreement, that the horse should be at my disposal if the money was not returned, which agreement is here. (Produces it.) Court. Q. Did you see this horse? - A. Yes; it was a black cropped horse. Court. Q. Do you know whether that horse belonged to the prisoner? - A. He came and swore to it afterwards; as soon as he got the three guineas, he decamped, and left the house bill unpaid, which was six or seven pounds, he lived in a very extravagant style; I sent the horse to the Repository, to dispose of it, but there was not above eight guineas bid for it, and a friend of mine advised me to send him down to a straw-yard till the March following, and then I had him up to the Three Kings again; I sent him to Tattersall's, and there he sold for twelve guineas to Mr. Philpot, and in the month of September following, the horse was owned while Mr. Philpot was riding him. Cross-examined by Mr. Alley. Q. How long had you the horse in your possession? - A. From the latter end of October, 1795, till the latter end of March, 1796, the horse was then sold. Q. And what became of him afterwards, you do not know of your own knowledge? - A. Yes, I do; I was present when he was sold, he was sold to a Mr. Salmon. Q. How long was it after the time you sold him to the time he was sold to Mr. Salmon? - A. I sold him to Mr. Salmon myself. Q. How many months after you sold him to Mr. Salmon, was he sold to Mr. Philpot? - A. Two months. Prisoner's defence. With respect to the circumstance of this horse, which I hired, as has been sworn by the prosecutor: I was coming to Oxford on the 24th of October, and I asked for Mr. Hinton, from the recommendation of a person at the Bear inn, Oxford, he told me he had horses to lett; I went down and said, Hinton, have you any horses to lett? he said, my man, Mr. Gardiner, had a good horse, but did not wish to lett it out for hire, he would rather dispose of it; and, in an hour and a half, I went down to this yard, and there I found Mr. Gardiner, with the horse ready for me; I took my spurs out of my pocket, and said, I was going on the London-road to meet a Captain Winter, then of the third dragoons, who was coming to Oxford to recruit; I sent him to get me some spur leathers; when I was fixing them, he said, I do not like to let this horse go, the price, with saddle and bridle, is 25l. and I said, if I like the horse, I will send you a promissory note for the money; and as I was going out to High-Wycombe, a Mr. Fisher, of Oxford, joined company with me; unfortunately for me, I cannot learn any thing of that gentleman; I asked his opinion of the horse, and he said he did not think he was worth so much; I slept at Tetsworth that night, I could not hear any thing of Captain Winter, and I proceeded to London on the 5th morning; not hearing any thing of my friend, I went to Mr. Allen, a merchant, at Kennington, and learned that he had been, and was gone down to Chichester; I went down there with a Major Blunt, who has since been tried for an assault at Chichester; we went out together, and got into an affray from my kissing a girl in the street; it was impossible that I could, as has been stated, with only a slight stick in my hand, severe a man's arm from his body; I found there were warrants out, and, in the night, I took a place in the Chichester coach, and went to Mr. Bland's hotel; I wished to send an attorney from town, and I went after a Mr. Bevan, formerly Bevan and Mudge, but he was out of town; I then went to a Mr. Holmes, a gentleman of Arundel, and he told me he would endeavour to conciliate the matter, and for this purpose I borrowed eight guineas of Mr. Bland. Previous to my giving him that agreement, I sent for a stamp, and sent down a promissory note of 25l. payable at No. 6, Crescent, in the Minories. I never heard any thing further of this horse, till I was apprehended; I believe Mr. Bland knows that I have been confined in prison for debt, and got a letter of licence from my creditors, till I could get a reconciliation with my friends; Mr. Bland might have sent down to Oxford, and informed them where I was. As I am free from any intentional defraud, I trust my case to your Lordship, and the Gentlemen of the Jury. GUILTY Death . (Aged 29.) Tried by the second Middlesex Jury, before Mr. Baron PERRYN. 392. WILLIAM POPE was indicted, that, on the 29th of April , he was feloniously, without any lawful cause, at large before the expiration of the time of his natural life, for which he was ordered to be transported . CHARLES HAY sworn. - I apprehended the prisoner, on the 29th of April, about three o'clock in the morning, in Jermyn-street, St. James's ; I had no warrant, it was a little after three, I heard the spring of a watchman's rattle, who was after him on suspicion; he was running along Piccadilly, opposite St. James's church; I took him and brought him to St. James's watch-house; he was searched to see whether he had any suspicious tools about him; we found nothing upon him; he was detained, knowing him to be a suspicious character, and taken to Bow-street; I don't know his person, I know nothing of the sentence being passed upon him, I only apprehended him. LAWRENCE M'NAMARA sworn. - On the 29th of April, between the hours of three and four o'clock in the morning, we heard a watchman's rattle spring; Hay and myself ran down the street, and when we came to the end of the court, near the church, we saw the prisoner and another person run by; they run down Church passage, we soon overtook them; I apprehended the prisoner, and carried him to St. James's watch-house, and afterwards he was carried to Bow-street; I was at his examination, I don't know exactly the time he was committed. WILLIAM LANE sworn. - I am a watchman; my stand is at the top of Sackville-street: After I had cried the hour of three, I went into my box; about twenty minutes after three, I heard a watchman's rattle spring, I saw the prisoner and one Timms together run down the street on the other side of the way; he was taken and brought to our watch house, I never saw him before. JOHN OWEN sworn. - I have got a certificate of his conviction, I received it from Mr. Fitzpatrick, the officer of this Court, (the certificate read); he is the same person that was convicted, there was a conditional pardon afterwards. Prisoner. I was pardoned on condition of serving his Majesty as a soldier . Owen. After he was pardoned to be transported for life, there was another pardon made out for him, to serve in the West-Indies as a soldier. Prisoner's defence. I was placed upon the island of Martinique, having three hundred and upwards of emigrants there; I was afterwards pressed by the Grampus's boat's crew, and brought to England; we arrived on the 27th of July, and laid at Spithead for the space of a month, when an order came from the Admiralty for the ship to be paid off; the ship's crew was made over to the Ardent, and we sailed with Admiral Duncan to the North Seas. Court. Q. Are you in possession of this pardon; it is now alledged there was a subsequent pardon, on condition of your serving in the army? Prisoner. I have nothing but what the Sheriff produced and read before us, that we were pardoned. Mr. Kirby. I have the pardon; I sent the prisoner, with forty-two more, down to Southampton. Court. (To Prisoner.) This subsequent pardon was, that in case you served in a regiment abroad, transportation for life should be removed: Now, it is necessary for you to give evidence, that you complied with that subsequent pardon, and that you were compelled to come to this country by some force which you could not resist; unless you can establish those facts I have mentioned, the original sentence upon the first part remains, you have not got the benefit of the other, unless you can prove you were brought here by force. Prisoner. Here is an officer that can testify I was pressed from the place where I was destined. RICHARD WILBRAHAM sworn. - I am an officer on board the Agincourt, in Long Reach; Captain Williamson sent for me, and desired me to give an account of the prisoner's conduct abroad; his services were such, as to be the means of saving one of his Majesty's ships, and the whole convoy; he was pressed, and brought contrary to his inclination to this country; Captain Williamson would have attended himself, but we are in a mutinous state. NOT GUILTY . Tried by the London Jury, before Mr. Baron PERRYN. 393. TIMOTHY COOPER was indicted for feloniously stealing, on the 29th of May , eleven calf-skins in the rough, value 2l. 2s. and one goatskin in the rough, value 3s. 6d. the goods of George Wallis . Second Count. Laying them to be the property of John Day . JOHN DAY sworn. - I am a tanner and leather-factor , I live in Long-lane, Bermondsey: On Monday evening last, these skins were taken from Leadenhall-market ; I did not see them taken; I missed them on the Tuesday morning; I can identify them, there are eleven tanned calf-skins, and one tanned goat-skin. JOSEPH SIMMS sworn. - Mr. Dyster, who lives in Leadenhall-market, said to me, he had great suspicion, that a man, with a light coloured coat on, had taken some leather, and I met him with a dozen skins, it was on Monday evening, between the hours of eight and nine o'clock; I asked him what he was going to do with those skins, he had them under his arm; he said, he did not know, it was a drunken frolic; my partner came up, who saw him take them off the pile, he did not appear drunk to me; as soon as an officer came, I delivered the skins to him, I put my name on one of the skins, and my fellow-servant did the same. WILLIAM JOHNSON sworn. - I am a porter in Leadenhall-market; I went round as I was desired by Mr. Dyster: I had a view of the market, and I saw the prisoner rise up with those skins under his arm; I went after him, but before I overtook him, my fellow-servant had got hold of him; we asked him what he was going to do with those skins; the prisoner said, he was going to do nothing with them, he said, it was a drunken frolic; the skins were given into the custody of Mr. Crow, the constable; I marked my name upon one of them, I believe it is the same skin. Prisoner. Q. Did you see me take the skins? - A. I did. THOMAS CROW sworn. - I am a constable; I had twelve skins delivered to me, eleven calf-skins, and one goat; they were delivered to me on Monday evening last, within ten minutes or a quarter of an hour after the robbery, they have been in my custody ever since; I wrote my own name upon one of them. (Produces the skins.) Mr. Day. These are my skins, they are tanned in the rough, they are called undressed; it is very unusual to have them tanned in this manner, 2959 is marked upon them, it is a duty mark; they were sent to me on the 9th of May, for me to fell on commission, I am responsible for them; these are the exact quantity missed, I have not the least doubt but they are mine. GEORGE WALLIS sworn. - I am a tanner ; I can only say, that I sent a dozen of skins to Mr. Day, on the 9th of May, to be sold; they are numbered in our division, I don't know the number upon them; I have got a servant in Court that can give a better account than myself. DANIEL JONES sworn. - I am Mr. Wallis's servant; I looked out some skins for Mr. Day, it was on the 9th of May; there were eleven calf and one goat-skin, they were tanned in the rough; I tanned them myself; I carried them to Mr. Day's, Leadenhall-market, the same day; it was three weeks before they were taken from the market; those are the same skins, I can take my cash of it; the goat's-skin I cut two holes in. Mr. Day. They were carried three weeks to the market; I saw them on the Monday afternoon, they were taken in the evening; I had them in my hands several times, I could not fell them for the price I wanted. Prisoner's defence. I have nothing to say, I have no witnesses; I have had the honour to serve his Majesty seven years at sea - If your Lordship thinks proper, I am able to serve him again. GUILTY (Aged 31.) Confined one month in Newgate , and, during that interval, to be publicly whipped round Leadedhall-market . Tried by the London Jury, before Mr. RECORDER. 394. JAMES THOMPSON was indicted for feloniously stealing twenty-five quires of demy paper, value 14s. one printed bound book, value 1s. one hundred and sixty pounds weight of metal types, value 3l. and one hundred and eight sheets of printed paper, value 2s. the property of Thomas Wilkins . (The case was opened by Mr. Gurney). JAMES FITZGERALD sworn. - I live with Mr. Wilkins, he is a printer , in Aldermanbury : The prisoner was a servant of Mr. Wilkins, a journeyman pressman ; I saw him take some paper this day three weeks, from a cupboard in the press-room, I don't know what paper it was, nor what quantity he took, I saw him put it between his coat and waistcoat, he went down Aldermanbury; I immediately told the other apprentice, and the next morning I communicated it to my master; it was a little after eight at night. Cross-examined by Mr. Knapp. Q. All you mean to say is, that you saw him take some paper, but what paper it was, or what quantity he took, you don't know? - A. No. THOMAS WILKINS sworn. - I am a printer, in Aldermanbury: The prisoner was my servant, I apprehended the prisoner in consequence of an information on Saturday the 13th of May; I immediately went to his house in Bethnal-green, I found his wife there; I went into a back room, there I found a large quantity of paper, part of which paper the constable took away, a large quantity of printing types, one hundred and sixty pounds, and an Oxford Testament, part of a printed book not bound, called Mrs. Rowe's works, some spelling books, not bound, called printed paper, twenty-five quires of white demy printing paper, and four sheets of gilt post paper. Q. Are you able to speak to any of those articles being your property? - A. I am. Q. What did you do with the prisoner after you had found those things? - A. I went home, and took him immediately before the Alderman; I had left him in custody of an officer at my own house. The moment he saw the officer, he acknowledged he had robbed me, and begged I would forgive him, and hoped I would consider his wife and child; I told him I could not, and ordered the constable to take him away. I had missed various things, particularly large letters that we make use of for handbills, that are stuck against the walls; there is so much paper about the house it is impossible to miss it. Cross-examined by Mr. Knapp. Q. Could you not tell whether you had lost paper if you took your stock? - A. We could not take our stock; I may lose a great many reams of paper and not know it. Q. Do you deal pretty largely? - A. I should like to do so. Q. Possibly you might have sold that paper? - A. I never sold demy paper of that description; some of this paper was absolutely wetted, to be printed upon; and there never was a wholesale paper-maker ever sold a quite of paper ready wetted; I never heard of such a thing. Q. This man has had some dealings with you? - A. He did buy some books. Q. Upon your oath, did he not buy some demy paper of you? - A. Before he was my servant he did. Court. Q. How long has he been your servant? - A. Since Christmas. Q. Did you, or did you not, fell the prisoner at the bar some low demy? - A. Low demy I did fell him, to my sorrow; and several other articles, before he came into my service, to the amount of several pounds. Q. Have you not some security for it? - A. Yes; I have his father's warrant of attorney, which is not yet due. Mr. Gurney. Q. Had you ever sold him any types? - A. Never any. JOHN HUMPHRIES sworn. - I am a constable: I went with Mr. Wilkins to search the prisoner's house, those are the things I found in the house; I was with the prosecutor when I found them. Mr. Wilkins. It is proper to inform the Court, that my types are cast differently from any other printer's types in the trade; they are shorter in the shank; my predecessor, Mr. Oliver, had his types uniformly cast in that manner, and the most of the letters that are taken were formerly his, part of them have been in my possession sixteen years, and part of them are quite new. I can also speak to them by a particular nick, they are distinguished by either one, two, or three nicks. Mr. Gurney. Q. With respect to the paper, what part of that paper did you find wet? - A. There are twenty-five quires altogether, and two or three of them were wet. This printed paper is my property likewise, some is printed on one side, some on both sides; I am sure of that which is printed at my press. WILLIAM CHRISTOPHER MAUN sworn. - I have heard the prisoner say that he lived in Thomas-street, Bethnal-green; I never was at his lodgings. Q. (To Wilkins.) Where was his house? - A. It was John-street, No. 2. I found his wife there, I knew his wife, I had seen her before. Prisoner's defence. I have bought demy paper of him, and a great quantity of spelling-books, and psalms and hymns, since I have been in his service. He has taken away some books which are not in the indictment. Court. (To Wilkins.) Q. Had he any press at his house to carry on the printing business? - A. No, he had not. Q. With respect to the wet paper, did not he wet the paper himself? - A. Oh yes, he might; it is never wetted out of the house. DAVID EMMERSON sworn. - I keep a chandler's-shop, in Sr. George's: I know of types being sold to the prisoner; I have been in the same line of business with the prisoner, and have seen a great many types like those, belonging to different people in their profession; I remember purchasing several for him, of this kind, at Mr. Thorn's, three or four pounds at a time; and I have known Mr. Thorn's porter bringing him as many as he could carry; I have seen a great deal of demy paper in his possession while he was in business, and remember his buying books of Mr. Wilkins, bound and unbound; I have known the prisoner about twenty months, and for eighteen months I have known him very well; I believe him to be a very honest man. Eight witnesses were called to the prisoner's character, who gave him a very good one. NOT GUILTY . Tried by the London Jury, before Mr. RECORDER. 395. HENRY ELLISON, otherwise WALE , AARON WITHERS , and GEORGE WITHERS , were indicted for that they, on the 1st of May , upon Elizabeth, the wife of William Beresford , did make an assault, in the King's highway, putting her in fear, and taking from her person a metal watch, value 4l. and eight shillings in money, the property of the said William . (The case was opened by Mr. Knapp.) WILLIAM BERESFORD sworn. - Examined by Mr. Knapp. Q. You are an attorney , and live at Pentonville? - A. Yes: On the 1st of May, I was coming to town, between the hours of eight and nine, or near nine o'clock in the evening; near the one mile-stone from Paddington , we were suddenly called out after, with a cry of stop, three times; I then saw the prisoner, Ellison, who goes by the name of Harry Wale , running by my side of the chaise, I was in a single horse chaise with my wife, and Aaron Withers was on the other side; I made an effort to whip the horse, with that I cut the prisoner, Harry Wale , in the face, and then Aaron Withers rather met us, and laid hold of the horse's reins; the prisoner Wale then got upon the step of the chaise on my side, I was on the driving side, the right hand; George Withers got upon the other step. I should have told your Lordship, that they drew the chaise a little out of the road close to the side; the prisoner, Wale, used very violent language, and asked me what I meant by cutting him; I told him I did not go to do it; he then demanded my money, watch, and pocket-book; they all three had pistols, and presented them; the prisoner, Wale kept a pistol to my head the whole time; and George Withers was on the step, on the other side, with a pistol at Mrs. Beresford's head; Aaron Withers stood at the horse's head, with a pistol in his hand; the prisoner, Wale, began to search me; I told him I had no money; he then appeared to me to colour in the face; and then he put a red handkerchief which he had round his neck over the lower part of his mouth; he then searched me again, and put his hands in my waistcoat pocket, and felt upon my breeches and thighs, but did not find my money; I should have mentioned, that when he made the second search, he pushed me back in the chaise, and pulled my hat over my face. Court. Q. Was that before or after he had put the handkerchief over his face? - A. Afterwards; he then reached over me to Mrs. Beresford, and tried to get the watch from her side, which he could not do, and be swore very much for a knife; and he began pulling her very hard, and by so pulling her my hat got from off my eyes, by which means I was able to see his face completely; at last he got the watch away, I saw it go. Q. Was it effected without some degree of violence on his part? - A. Very great violence; she then gave her purse to the prisoner, George Withers; he took the silver out, and a memorandum, which was in it, and gave to the prisoner, Aaron Withers, for the purpose of his looking at it; George Withers then returned the memorandum and the purse to Mrs. Beresford, and then said, go on, go on, and do not look back. Q. How soon did you see either of them again? - A. I did look back, and I observed them go along the road towards Harrow; I went to a public-house and gave information that I had been robbed, and the next day, the 2d of May, I went and lodged an information at Bow-street; the prisoners were apprehended the same day in the afternoon, and I saw them the day after, on the Wednesday, at Bow-street. Q. Did you know either of the prisoners before? - A. I knew the person of Harry Wale, very well, before, he is a servant to Dr. Wale, who rents a house of my mother's, at Paddington, he is a gardener; I have known him, I should think, at least three years. Q. Do you know the other two prisoners? - A. I have seen the prisoner, Aaron Withers , in his company in his master's yard. Q. How many times may you have seen him with Wale? - A. A good many times. Q. Do you know the other prisoner, George Withers ? - A. Not till the time I was robbed. Q. Do you know the persons that robbed you? - A. Yes; Wale was at the side of the chaise, and Aaron Withers at the horse's head; I believe George Withers to be the other man, but I will not swear to him. Q. Have you any doubt as to the person of Wale, and Aaron Withers ? - A. I have no doubt at all, nor ever had. Q. What kind of a night was it? - A. The moon shone very bright over our heads, it was a very beautiful night; it was between eight and nine o'clock. Q. Have you recovered any of the property since? - A. No. Cross-examined by Mr. Knowlys. Q. You say it was between eight and nine o'clock - had you a watch? - A. No; my wife had my watch, she had broke her own; I had seen the watch, and asked her the time, when we were at Brentford, and from the time I had been going, it must be about that time; it was a clear bright night, I believe the moon was in the first quarter. Q. Are you sure of that? - A. I will not swear it. Q. This was the first of May? - A. I am very sure of that. Q. Had you been dining out? - A. No; we drank tea at the Hats, on the Uxbridge road; we had dined at home, we did not go out till four. Q. Were you very much frightened? - A. I was, very much indeed. Q. You stopped after the robbery, and gave information of it? - A. Yes. Q. A man of the name of Townsend keeps the house, I believe? - A. Yes. Q. Did you tell him Wale was the man? - A. No; I was not then recovered from my fright. Q. How far from this public-house were you robbed? - A. About half a mile; I said to them, I was robbed, and I could swear to the men's voices. Q. Do you mean that you said that to Townsend? - A. No; I said so to my wife. Q. Did you ever say to Townsend that Wale was the man? - A. Not at that time; I did afterwards. Q. Did you that evening? - A. No; I did not. Q. Did you ever, before Wale was in custody, tell Townsend that was the man? - A. No. Q. Did you not know then that Townsend knew Wale? - A. I never asked him, I do not know that he did. Q. He lives in his neighbourhood, does not he? - A. Half a mile from the place. Q. The persons, whoever they were, that committed this robbery, went off in the direction of Harrow? - A. Yes. Q. That is in a direction that would carry them further from Townsend's house than where they committed the robbery? - A. That depends upon which way they went; if they went strait on it would, but they might have gone to Kilburn. Q. They were in a direction from London, when you looked back and saw them? - A. Yes. Cross-examined by Mr. Const. Q. As to George Withers, you will not swear to him? - A. No; I believe him to be the man. Q. Did I understand you right when you said, that as to Aaron Withers you never had a doubt? - A. Yes; I never had. Q. Were you certain of him at Bow-street? - A. Yes. Q. Did you there say so? - A. Yes; me and my wife both said so; I always said he was the man that stood at the horse's head. Q. Then you never said you had a doubt of it? A. No, never; I never spoke to George Withers . Q. I understand then, that you said, at Bow-street, that you had no doubt about it, but was certain of the man? - A. Yes. Q. Do you remember when you next saw Aaron Withers after the robbery? - A. At Bow-street. Q. Was he in custody? - A. No; I believe not. Q. Then he came there as a looker-on? - A. There was another man taken up with George Withers, but we both said he was not the person; Aaron Withers happened to be there at the time. Q. Had you given any information of Aaron Withers , that you knew him at the time? - A. I gave information of three persons, and I told them at Bow-street, that Harry Wale was one; I did not mention the name of the other, I did not know his name; I only knew him by seeing him in company with Wale. Q. Then of course you fixed upon him immediately? - A. When we said the other man was not the person, he was put to the bar; we had seen Aaron Withers in the yard, and my wife and I both immediately said, that he was the man that was at the horse's head. Q. Then did you cause him to be apprehended? A. He came by accident. Q. You fixed upon him? - A. Yes. Q. And nobody else? - A. There was a man we said was like him, but we did not fix upon him. Q. There were two examinations, at which of them was it that you fixed upon Aaron Withers? - A. At the first. Mr. Knapp. Q. At the first examination, you saw Aaron Withers in the yard, and then you fixed upon him as one of the persons? - A. Yes. Q. Then he was afterwards in the room? - A. Yes. Q. Was he brought into the room? - A. Yes; at first I saw a man in the yard, that we said was like Aaron Withers , and then we turned round, and saw Aaron Withers , and then we said that was him. Mrs. ELIZABETH BERESFORD sworn. - Examined by Mr. Knapp. I was with Mr. Beresford, in the chaise, we had been at Brentford: On the 1st of May, as we were returning home, about the one mile-stone at Paddington, we were suddenly holloaed out to, by a cry of, stop, stop, stop; when I saw the prisoner, George Withers , running as fast as he could on one side; I then saw the prisoner, Wale, on Mr. Beresford's side; Mr. Beresford then whipped the horse, and endeavoured to drive away. Q. Did you see any other person there? - A. Aaron Withers followed at a little distance, and seized hold of the horse's reins. Q. Were these persons armed? - A. Yes; I saw their pistols; George Withers presented a pistol to me; the moment that Aaron Withers drew out of the road close to the path side, he got upon the step of the chaise, and put his pistol close to my temple, I screamed out, and begged of George Withers not to hurt us; George Withers had his foot upon the step first; Harry Wale being more lusty and aukward, did not get up quite so soon; Harry Wale was a good while undoing the knee-boot; it was new, and Mr. Beresford had been ten minutes doing it up, at last he got it undone, and then he put his foot in the chaise, and began to swear in a violent manner, that he would blow our brains out; then he asked Mr. Beresford why he cut him; - Q. He had cut him with a whip, I believe? - A Yes; Mr. Beresford told him, he did not mean to cut him; then Harry Wale demanded his watch, pocket-book, and money; he told him he had no watch nor pocket-book; but he began to rifle his pockets at the time; and all on a sudden, his coantenance seemed to change very red; he then drew his silk handkerchief, which he had round his neck, over the lower part of his face, it was a red silk handkerchief rather dirty; he then pushed Mr. Beresford back in the chaise, took his hat off, and pulled it over his face, then rifled his pockets again; and then reached over Mr. Beresford to me, and began swearing in a very violent manner, for my watch, which Mr. Beresford said he should have; he then put his hands to the pocket-hole of my habit, and took it out of a little pocket that I had tied round my waist, he swore very violently for a knife several times; I begged him to let me untie it, and he should have the watch; it was tied with a very strong string round my waist; he got it either by breaking the string or drawing it through the knot; he pulled so violently, that he pulled me almost out of the chaise; at that time, the pistol in George Withers's hand hit me on the temple; I was afraid of it's going off, and laid hold of his hand and a part of the pistol, and begged of him to take it away; I then gave George Withers my purse; I had ten or eleven shillings in silver, and I gave him them all; then there was a little memorandum, which he took out and gave to Aaron Withers; I looked very much at Aaron Withers the whole time; Aaron Withers gave it to George, and shook his head, and then George Withers gave it back to me; I asked George Withers to give me back my purse, and told him he was a good man for not hurting me; then they got down, and told us, all of them, to go on, and not look back; I did look back, and saw they were all nearly of a height. Q. You did not see them again till the next day, at Bow-street? - A. No. Q. Are you certain as to the persons of the men that robbed you? - A. Yes, very certain; that is Wale that I pointed out in the yard; George Withers is the man that stood on my side, and the other was the man that stood at the horse's head. Q. Had you ever any doubt of their persons? - A. No. Cross-examined by Mr. Knowlys. Q. The observation you made when they left the chaise, was, that they were all nearly of a height? - A. Yes; except that Wale was lustier, but you will give me leave to observe, that Wale has got much thinner now than he was then. Q. He was lustier than the man who is now nearest to you? - A. Yes. Q. Perhaps he has grown a little shorter too, since? - A. No; being lusty, it made him look shorter. Q. I take it for granted, and you will tell me if I am wrong, that you were extremely alarmed? - A. I was; and I could not have believed that it could have made the impression it did make on my mind; I looked very hard at them. Q. I suppose as the men approached, and as they became violent, your fears did not lesson? - A. They came up nearly altogether. Q. But when they presented the pistols, your fright did not lessen? - A. I screamed very much for the moment; but I soon came to, and looked at them very hard. Q. Under this alarm, you observed a change of colour in Wale's face? - A. I was quite in my senses by that time. Q. You have now spoke of all three of them with great positiveness, did you at Bow-street, express yourself with the same positiveness? - A. Yes. Q. Not a belief, but positively swore to them? - A. Yes. Q. If that was the case, could you by any possibility, pick out a man that turned out to be none of these three, a man of the name of Barrett, who was one of the officers of Bow-street? - A. I looked at one, rather a dark man. I thought he was the man at first, and then I turned round and said, no, there is the man that stood at the horse's head, and the officer said, you are right, ma'am, that is one of the men. Q. Did you, or did you not, point to Barrett, as the man? - A. Yes; but I contradicted it instantly; I said, no, he is much like him, but this is the man. Q. Did you not suffer these words to escape you when you pointed to Barrett, this is one of them? - A. I might, but I contradicted it; it is most likely that I did till I saw the other. Q. Did you, or did you not? - A. I cannot recollect; I dare say I did. Q. Did you not say when you were pointing to Barrett, this is the man? - A. I cannot say; I do recollect pointing to him; I had my doubts at the time, though I pointed to him, and that made me look round again. Q. Did you give any information at the turnpike, that you had been robbed? - A. Yes. Q. How long after you had been robbed, was it, that you gave this account at the turnpike? - A. I cannot say, it might or it might not be a quarter of an hour. Q. Mr. Beresford was extremely frightened? - A. Yes; but he told me directly after that he knew the man. Q. Do you recollect stopping at Townsend's? - A. Yes. Q. Did either you or Mr. Beresford mention that Wale was one of the men? - A. No; I did not know him. Q. Did either Mr. Beresford or you mention Wale's name? - A. He said he could swear to the man's voice, and that he should know him again; in a very few minutes after, he said, good God, it is Harry Wale , I will have him taken up to-morrow. Q. You did not mention the name of Wale to the turnpike-men? - A. No. Cross-examined by Mr. Const. Q. You have described the size of the men, and their height? - A. Yes. Q. And described the flushing of the face? - A Yes, it was a beautiful light night. Q. Did I hear you right, when you said, that George Withers handed something from you to Aaron Withers , and they looked at it? - A. Yes. Q. I thought Aaron Withers was at the head of the horse? - A. Yes; but he got out of the chaise into the path, he had had but one foot in, and he went to Aaron Withers and shewed him the memorandum, and he read it, I saw him read it. Q. Did you happen to hear at Bow-street, they could neither write nor read? - A. No; Aaron Withers read the memorandum. Q. Are you sure of that? - A. Yes. Court. Q. You do not mean that he read it aloud? - A. No. Q. Was any thing found belonging to you, when they was taken? - A. No. Q. You say, you did six upon a wrong man, had you not at that time passed the right man, without fixing upon him? - A. No. Mr. Knapp. Q. At first, when you fixed upon this man, who turned out to be an officer of Bow-street, you had a doubt? - A. Yes. Q. But when you fixed upon Aaron Withers, you had none? - A. None. Q. When was it you gave the first description of these men? - A. On the Monday. Q. On the Tuesday, did they answer to the description you had given of them on Monday? - A. Yes. Court. (To Mrs. Breredford.) Q. Had you ever seen any of these men before? - A. No. Court. Q. How long might it he, that they were at, and about the chaise? - A. It seemed to me about ten minutes, but most likely it was not so long, perhaps four or five minutes. Court. Q. When you were before the Magistrate, did you then swear positively to them? - A. Yes, I did. Court. Q. You are sure you swore positively to them before the Magistrate? - A. Yes. Q. Have you any doubt, at this moment, about the persons of either of them? - A. I have not. Q. Do you mean to swear now, that you are clear and positive, as to the persons of all? - A. Yes; I remarked, that George Withers on my side, was a good looking man; George and Aaron Withers had both very good hats on, nearly new; I observed the upper part of George Withers 's face, on my side, he looked much pleasanter than either of the other two; at the time Aaron Withers took the horse by the head, he looked very hard at us; George Withers had on a light coat to the best of my recollection. Q. What sort of hats had they on, slapped hats? - A. Good round hats. Q. Were they drawn over their faces? - A. Not much. CHRISTOPHER CREEDLAND sworn. - Examined by Mr. Knapp. I am one of the patrols belonging to Bow-street; in consequence of an information, on the 2d of May, from Mr. Beresford and his wife, I went away to Paddington, with Rivett and Baker, and a great many more officers to the house of Wale's master; Baker and River, two of the officers knocked at the street door, about one o'clock in the forenoon; there are some gardens that lead into a field, and I went round to the back of the house; I staid there about a quarter of an hour, and came round to the front again; I found they were got in, and I left Baker and Rivett there, and went to the turnpike, there were some people standing at the turnpike, who said, there were two men, that were companions of Harry's, running across the field, we went across the field, but could not see any man; I went down the Uxbridge-road. and about two miles down the road, I met with them; one was the middle man, George Withers , and the other was the man that was discharged at the office, his name was Beadle. Q. What were they doing when you met with them? - A. They were coming towards me very slowly; I laid hold of George Withers, and told him he must go with me; he did not say any thing to that; I then took him into a public-house, in St. George's Row, and from there to Bow-street, he was searched, but I found nothing upon him but an old pair of stockings. Cross-examined by Mr. Knowlys. Q. Were you at the office when Mrs. Beresford came there? - A. Yes, I was. Q. You have a man there of the name of Barrett? - A. Yes; a supernumerary man that goes with me; when all the prisoners were brought into the yard, there were many more placed round in a ring; Mr. and Mrs. Beresford were desired by the clerk to go round to see if they knew any body, they picked out Harry Wale find, and then Mrs. Beresford came round to my side where I stood, there was Barrett, and Mrs. Beresford said, here is one of the men; then she went round the ring, and who she picked out then, I do not know; there was the clerk with her then; the three men that were brought up, were ordered to the bar. Q. Before that, had she picked out Barrett as one of the men? - A. Yes; she fixed upon Barrett, and said, he was one of the men. Court. The three men were ordered to the bar? - A. Yes. Court. Q. Did she say any thing to intimate her mistake? - A. No; not that I heard. Court. Q. Was Barrett put to the bar? - A. No. Court. Q. How came that? - A. Because he was one of our people. Mr. Const. Q. After that, Aaron Withers was put up to be looked at, and then she fixed upon him? - A. Yes. Q. Did not Aaron Withers come there voluntarily? - A. Yes, as far as I know. Q. Do you know whether he came to the other prisoner openly, before all the parties? - A. Yes. Q. And did not he stay there till near eight o'clock, with all the people? - A. No; he was in the yard with the people, and then he was put into the bar. Mr. Knapp. Q. Who were the three persons that were put to the bar? - A. There were four put to the bar. Q. Were the prisoners three of them? - A. Yes. Court. Q. Who fixed upon Wale? - A. Mr. and Mrs Beresford, both. Court. Q. Which fixed upon George Withers ? - A. Both of them when they were at the bar. Court. Q. And which upon Aaron Withers? - A. Both of them. Court. Q. Then, if I understand you right, although Mrs. Beresford had fixed upon Barrett, still both Mr. and Mrs. Beresford fixed upon all the three prisoners? - A. Yes. JOHN BAKER sworn. - I am one of the patrols of Bow-street; I apprehended Henry Wale at his master's house. Q. Did he say any thing to you? - A. He asked me what was the matter; I told him, I did not know what was the matter, but he was wanted; the other officer left me in care of him; I found one shilling upon him, and nothing else. Q. You took him to Bow-street? - A. Yes. Q. What part of the house did you take him in? - A. Lying upon the bed, in the lower part of the house, about one o'clock in the afternoon. Cross-examined by Mr. Knowlys. Q. Did you search the house? - A. My partner did; there was nothing found there. Q. No arms? - A. No. Q. His master is a surgeon in Oxford-street? - A. Yes. Q. A man of a fair character? - A. Yes. The prisoners left their defence to their Counsel. For Wale. WILLIAM HENRY FINCH sworn. - Examined by Mr. Knowlys. I live at the Red-lion, at Paddington, as ostler. Q. Who keeps the Red-lion, at which you live? - A. Mr. Darby. Q. Are there two Red-lions? - A. Yes; one at Wilsden-Green, kept by one Townsend; Wale lives about three hundred yards from my master's house, as nigh as I can guess. Q. Do you remember any day that you were sent for to do any thing? - A. Yes; on the 1st of May. Q. How do you know it was the 1st of May? - A. Because it was a holiday, and he had asked me to come and help him to kill a pig for his master, Mr. Wale. Q. Did you do that? - A. Yes; and staid with him till half an hour after one o'clock at noon. Q. Did you see him at all after that? - A. Yes; I went home, and he came to me there between three and four o'clock, and I was helping a man to load a load of dung, and then I came in and staid with him till half an hour after ten o'clock at night. Q. Was he absent during any part of that time? - A. Not above ten minutes or a quarter of an hour, and then I suppose he went out to make water. Q. What time did he leave the house for good? - A. About half past ten, as near as I can guess. Q. What sort of a holiday is this 1st day of May? - A. For gentlemen's servants; they come up to the Yorkshire Stingo. Q. And you keep that day particularly, at Paddington? - A. Yes. Q. Was there much company in the house that evening? - A. Yes. Q. Do you know Charles Childers ? - A. Yes; he was there. Q. Do you know John Andrews ? - A. Yes; a waiter there. Q. Do you know John Reeve ? - A. A carpenter; he was there. Q. Do you know John Macleod ? - A. Yes; a taylor; he was there. Q. Do you know John Wyatt ? - A. Yes; he came there about half past nine o'clock, and stopped till ten, or a quarter past. Q. Do you know Avis Ashley ? - A. Yes; she is a girl that sings, she was in our company. Q. Was there a man of the name of Beadle there? - A. Yes, and his sister too. Q. How far is the one mile-stone from your house? - A. About a quarter of a mile, as nigh as I can guess. Q. The one mile-stone from London, on the Harrow-road? - A. Yes. Q. Then the one mile-stone from Paddington must be one mile father? - A. As near as I can guess from what the gentleman said about being robbed, it was a mile and a half from our house. Cross-examined by Knapp. Q. Had you known much of Harry Wale before? - A. Yes. Q. Had you drank with him before? - A. Yes, often; I had seen him a great many years ago. Q. Had you ever killed a pig for him before? - A. No; it was a great while back, if ever I did. Q. This afternoon, you began sitting down to drink, at four in the afternoon? - A. Between three and four. Q. And you never missed him till half past ten at night? - A. No; except ten minutes, or a quarter of an hour when he went out to make water. Q. You are ostler at the inn, there were a good many persons there? - A. Yes. Q. A good many horses? - A. There were some horses in the stable, but there are two of us. Q. Then it was your turn to be idle? - A. Yes. Q. And you never left the company? - A. Only for ten minutes or a quarter of an hour to make water. Q. Tell us what quantity of liquor you drank in the course of the evening? - A. I cannot say; first of all we had ale, I cannot say how many pots of ale, but I recollect when the score came it was sixpence a-piece, and five pence was left for me. Q. Did you spond but sixpence all that time? - A. We had paid for the ale out of our pockets as we had it. Q. How many of you were there? - A. Five. Q. Name them? - A. Robert Beadle , and his wife. Q. Do you know the Withers's? - A. Yes, I have seen them. Q. You have seen them in the neighbourhood of Paddington, perhaps? - A. Yes. Q. When did you see them last in the neighbourhood of Paddington? - A. I did not take such particular notice as to tell. Q. Did you see either of the Withers's at your house that day? - A. Not to my knowledge; I never saw them come in at all. Q. The one mile-stone, I understood you to say, at first, was a quarter of a mile from your house? - A. Yes; the one mile-stone from London. Q. Will you swear positively he could not be out more than ten minutes, or a quarter of an hour? - A. Yes. Q. Across the fields to where the robbery was committed, is not above a mile? - A. It may be thereabouts. Q. Then, if persons had been so inclined, they might have got the back way over the fields to that place where the robbery was committed, in less than a quarter of an hour? - A. Not to do the robbery, and come back again in the time; I am sensible they could not. Q. At all events it is much nearer to go over the fields through the church-yard? - A. Yes. Q. How many yards do you think you may cut off by going through the church-yard? - A. I suppose about two hundred yards. Q. Do you know how many times he was absent during the course of the time you say you and him were together? - A. I cannot say. Q. Was he absent two or three times? - A. He might. Q. When was he out the longest? - A. When a man was playing the rogue, and taking another man's hat off, he went out to pacify him; that was about five o'clock, and that was the only time he went out, only to make water. Q. And he was always that length of time making water, ten minutes or a quarter of an hour? - A. I cannot say; he might not be above ten minutes; I am sensible he was not out above a quarter of an hour. JOHN DARBY sworn. - Examined by Mr. Knowlys. I keep the Redlion, at Paddington. Q. Do you know the prisoner, Wale? - A. Yes. Q. Do you know the two Withers's? - A. Yes, by light. Q. Did you see Wale at your house on any particular day? - A. May-day, in the evening, he was there all the afternoon. Q. Is May-day a particular day in your village? - A. Yes; a very particular day. Q. At any time in the afternoon were the Withere's there? - A. Aaron Withers came in about ten o'clock, and slopped a little while in the evening. Q. Wale was there all the afternoon? - A. Yes; I saw him go out two or three times, and come in again. Q. How long did he continue at your house? - A. From about half past five till about half past ten; I saw him go out several times; he might be gone about ten minutes, or a quarter of an hour, I cannot say how long; Charles Childers , Anderson, Ray, Macleod, Wyatt, Avis Ashley , and Beadle, were all there. Q. Were these people in company together? - A. They were drinking together, some in one box, and some in another; Aaron Withers did not come in till about ten, but Harry Wale went off about half past ten or thereabouts. Cross-examined by Mr. Knapp. Q. Are you certain you saw Aaron Withers there about ten o'clock at night? - A. Yes. Q. Did he come in with any body, or by himself? - A. I cannot say; I believe by himself. Q. Did you see George Withers? - A. No. Q. Was Wale and Aaron Withers in company together? - A. They were together. Q. Did they appear to be drinking together in the same company? - A. I do not know; Aaron Withers had a pint of beer only; whether they drank together, I cannot say, nor I did not hear any conversation between them. Q. May-day is a very busy day at your house, I take it for granted? - A. Yes. Q. You were very much engaged that day? - A. Yes. Q. How many persons, think you, might be in your tap-room? - A. I cannot say; ten, or twenty, or more, perhaps, in the course of the day; there were some backwards in the parlour, and some at the door, and some in the tap-room. Q. Who assists you? - A. Anderson. Q. Business was so brisk, that you were both engaged in going to the different rooms? - A. Yes. Q. It would be utterly impossible, I suppose, that you should be able to say how often each man went out, and how long he staid? - A. I cannot say. Q. Will you tell us, if you recollect any other of the persons staying out the same length of time that you have described Harry Wale to do? - A. No; I saw Harry Wale go by me several times, and come in again; he has got a nack of saying, how are you, master, when he goes by me; he did that evening once or twice. Q. Being so much engaged as you were, how is it possible for your to fix any particular time of their being absent, when your house was full the whole afternoon? - A. I cannot say, I never missed him. Q. He might be out of the tap-room, and you not miss him? - A. He might. Q. Are you sure he did not come to your house till half past five? - A. I cannot say; he was at the door sometime, I believe. Q. How long had he been at the door? - A. I cannot say. Q. Was he there half an hour? - A. He might. Q. Then, I suppose, the first time you saw him was about five o'clock? - A. I suppose it was. Q. You have told us every body that you recollect being in the tap-room? - A. Yes; those names that were asked me I recollected being there. Q. How many ostlers had you? - A. Two. Q. One person does one day's work, and the other takes the next turn? - A. No; they are both engaged. Q. You had horses and chaises stop at your house that afternoon? - A. Yes; and one ostler was at the door, but Finch was with Wale. Q. Had you any buggies? - A. No. Q. Any taxed carts? - A. No; Finch is a man that the ostler mploys. Q. Whose business was it on this day to look after the horses in the stable? - A. The ostler, not Finch. Q. Then he was not upon duty that day? - A. No; he was not. Q. He was in the tap-room a great part of the evening then? - A. Yes. Q. Was he there before Harry Wale came in? A. I do not know. Q. Were you there when Wale came in? - A. I was. Q. Did Finc hcome in with him? - A. I cannot say whether he did or not. Q. Do you recollect seeing the ostler in the taproom between three and four in the afternoon, sitting drinking at the table? - A. I do not know that I did. Q. You do not know what time it was when the ostler first came into the room, or who came in to drink with him? - A. No; I remember Wale urging a woman of the name of Avis Ashley to sing a song, and sitting down by the side of her; that was the reason I noticed Wale more than any body else. Q. Do you know where the robbery was committed? - A. I heard say it was at Chelsea-reach, but I never was there, I do not know where it is. Q. You do not know how far it is? - A. I cannot give any idea how far it is; I have heard some say a mile and a half, and others two miles. Q. You cannot speak, with any certainty, as to the length of time that Wale was out? - A. No. Q. How long after was it that you were called upon to attend at Bow-street? - A. I believe on the Wednesday following. Q. Did Finch go there to? - A. Yes. Q. Withers and Wale both live at Paddington? - A. Yes. Q. Who asked you to go to Bow-street? - A. Aaron Withers came to my house, and asked me to go and say that Wale had been in my tap-room that evening. CHARLES CHILDERS sworn. - Examined by Mr. Knowlys. I am a basket-maker, I live with Mr. Haynes at Paddington. Q. Do you know Wale? - A. Yes, I have seen him. Q. Did you go to Bow-street? - A. I did. Q. When did you see Wale before you went to Bow-street? - A. I saw him from five till nine, or half after nine o'clock on the first of May, at the Redlion, Paddington, Mr. Darby's. Q. Was May-day a particular day? - A. Yes; it was a particular day, because I had two or three friends called there. Q. What was Wale doing when you were at Darby's? - A. Drinking at the very next box to me; there was one woman particularly singing songs. Q. Did you observe Wale there? - A. He was not absent, I will be upon my affidavit, more than ten minutes, or a quarter of an hour. Q. He was no particular friend or acquaintance of your's, I believe? - A. No. Q. Do you know a man of the name of John Ray? - A. No. Q. Do you know Anderson? - A. Yes; he is a soldier and waiter there, he served this box with liquor. Q. Was Darby at home that evening? - A. Yes. Q. Do you know a man of the name of Macleod? - A. Yes, a taylor; he was there. Q. Do you know John Wyatt? - A. Yes; he was there. Q. Do you know a person of the name of Robert Beadle? - A. I cannot say I do. Cross-examined by Mr. Knapp. Q. You are not particularly acquainted with Wale? - A. No. Q. You have known him, however, some time? - A. Yes. Q. What time did you come into the house yourself that afternoon? - A. I might come in between four and five. Q. Was Wale there when you went in? - A. I do not think he was; but he came in afterwards, and I spent the whole afternoon there. Q. You came in at the public door, did not you? - A. Yes. Q. Did you see Wale at the door when you came in? - A. No. Q. Nor did you see him in the next box when you saw him afterwards? - A. No. Q. Did you see the ostler in the room, Finch? - A. Yes; he was sitting down at the side of the room, not in any box. Q. Was he with any company drinking? - A. Yes. Q. Who was he drinking with? - A. I cannot tell. Q. Was not he drinking with this singing woman, and this company that we have heard of? - A. I cannot tell. Q. When Wale came in, did Finch and he go into the same box together? - A. They were in company together after Wale came in. Q. When Wale came in, did he join company and go into the same box? - A. I cannot say. Q. Do you mean to say they were in the same box together in the course of that afternoon? - A. Yes; they were all very jovial from fix till about half past nine drinking together. Q. Did you see him go out during that time? - A. I never saw him go out but twice. Q. Do you think he went out about eight o'clock from the tap-room; will you swear that he did not? - A. I will swear that he was not absent out of that box above ten minutes. Q. You will not swear that he did not go out about eight o'clock? - A. He might. Q. How long, at a time, do you think he staid out at any one time; which was the longest time that he staid out from six to half past nine? - A. Not more than five or ten minutes at the longest. Q. You saw the ostler there? - A. Yes. Q. The ostler says he did not think he exceeded a quarter of an hour; now do you mean to agree with the ostler and slick to it, or say that he was not out above five minutes? - A. Five or ten minutes. Q. Do you think it exceeded ten minutes? - A. No. Q. Did you watch the time when he went out? - A. No; we were jovial and singing. Q. You were attending to the songs? - A. Yes. Q. Do you mean to be certain that he might not be out more than ten minutes or a quarter of an hour, when time passes so agreeably as it does upon these occasions? - A. I cannot say. Q. Did you go to Bow-street? - A. Yes. Q. Who applied to you? - A. On Tuesday morning, Mr. Darby came, and asked me what time I left the house. Q. Did he ask you to go to Bow-street? - A. No. Q. Who did? - A. Nobody; I went down to speak the truth, and nothing but the truth. Q. Did any body apply to you to go to Bow-street? - A. No. Q. Do you know the Solicitor for the defendant? - A. No. Q. You do not know Mr. Groves? - A. I never saw that gentleman till the other night. Q. Do you know that other gentleman? - A. I have seen him. Q. Where does that gentleman live, does he live at Paddington? - A. I cannot tell. Q. You came here under a subpoena? - A. Yes. Q. Have you had any conversation with any body about this business since? - A. No. Q. Recollect, if you have never had any conversation with any body? - A. No; only to speak the truth. Q. You never told any body what you could say about it? - A. No; only to speak the truth, and nothing but the truth. Q. You never told any body what you could say about it? - A. That gentleman served me with a subpoena. Mr. Knowlys. Q. When did you first see that gentleman? - A. The night before last. Court Q. What time did you go into Mr. Darby's house? - A. Between four and five. Court. Q. How many people were in the box where you were? - A. Six or seven countrymen. Q. How many in the next box? - A. I suppose, five or six more. Q. How many in the room altogether? - A. I dare say there might be fourteen or fifteen. Q. There was a good deal of hurry and confusion? - A. Yes. Q. Were any of you in liquor at all? - A. I can not say I was very sober, but I was not so intoxicated as not to be sensible. Q. I am not speaking of you particularly, but all of you? - A. I cannot say. Q. Do you know a man of the name of George Withers? - A. Yes; but I never drank with the man. Q. Do you know Aaron Withers ? - A. Yes. by sight. Q. What are they? - A. Aaron Withers follows gravel digging. Q. Were either or both of them there in the course of that night? - A. I saw neither of them there. Q. Are you sure neither of them were there? - A. I did not see either of them. JOHN RAY sworn. - Examined by Mr. Knowlys. I am a carpenter, in the Edgware-road, I lodged at Mr. Darby's about two months. Q. Do you know Wale? - A. Yes. Q. Did you see him at Darby's house? - A. Yes, on May-day; about six o'clock in the evening I went in. Q. How long did you stay in the public taproom? - A. Till about half past ten. Q. How long did Wale stay? - A. Till about the same time. Q. Was he there during the whole time, as near as you could observe? - A. Yes; within ten minutes, or a quarter of an hour, as well as I could observe. Q. Did you ever miss him for any length of time? - A. I cannot say that I did. Q. Do you know John Macleod ? - A. Yes; he was there. Q. Charles Childers ? - A. Yes; he was there, and Finch the ostler. Q. Was Wyatt there? - A. I cannot say whether he was or not. Q. Do you know Avis Ashley? - A. Yes; she was there. Q. Do you know Robert Beadle ? - A. Yes; he was there. Q. How did Wale employ himself? - A. Drinking beer in good company. Cross-examined by Mr. Knapp. Q. Do you know much of Wale? - A. No. Q. Childers was in the same box with Wale, was not he? - A. I believe he was. Q. Was he in the same box with you then? - A. No, he was not. Q. Were you in the box next to Wale? - A. Yes. Q. Do you think he was in the same box or not? - A. I do not know. Q. You have lived in the neighbourhood a good while? - A. No, not a great while. Q. Do you know the other two prisoners? - A. Yes, by sight. Q. Did you see them at Mr. Darby's that night? - A. Yes; Aaron Withers came in and had a pint of beer. Q. What time in the evening was it? - A. I cannot say. Q. Was it dark when he came in? - A. Yes, I believe it was. Q. Are you sure he was not absent long? - A. Yes; not more than a quarter of an hour. JOHN MACLEOD sworn - Examined by Mr. Knowlys. I am a taylor, I have a stall at the Redlion. Q. Do you know Wale? - A. I have seen him, and talked with him, several times, in our own house. Q. Do you recollect any particular day that you saw him at Darby's? - A. The first of May. Q. Do you know John Ray? - A. Yes; I saw him in the course of the evening. Q. Do you know Charles Childers? - A. Yes; he was out and in all day. Q. Is the first of May a more particular day than any other in Paddington? - A. As to Harry Wale . that day in particular, he was agreeable and merry. Q. What was the first time you saw Harry Wale that day? - A. Five minutes under or over three o'clock, Harry Wale came into the house; and I do not know that I missed him for five minutes till five minutes under or over eight, and then I left the company. Cross-examined by Mr. Knapp. Q. Are you sure he came in five minutes under or over three? - A. Yes, I am certain of it; because I had a particular reason for knowing it. Q. Do you know Finch? - A. Yes. Q. Do you remember his coming into the house? - A. Yes; he was in and out, obligated to be about his business. Q. He was in and out, as was his duty, to see after the horses? - A. Yes; and I do not suppose, that after three o'clock, he was out five minutes. Court. Q. Then what did you mean by his being out and in about his business? - A. Before three o'clock, or it it might be, perhaps, a little after three. Q. It might extend to four perhaps, might it not that he was looking after his horses? - A. I cannot say. Q. Did not he go many times due and in? - A. I cannot say, I do not know that I missed him. Q. But he might go out? - A. Yes; and very likely I might go out. Q. Was Finch drinking the whole of the afternoon? - A. Yes, in the tap-room. Q. Was he drinking with you? - A. Yes; he drank with the and drank with Harry. Wale. Q. He drank with a good many people in the tap-room, at different boxes? - A. I suppose he might. Q. How many boxes had you been drinking at that afternoon? - A. I do not know. Q. And you came from a public-house here, did not you? - A. No. Q. Have not you been in a public-house this afternoon? - A. Yes. Q. Then why did you say you had not? - A. I was brought up to a quite different language, and there is a little lenity to be shewn in this business. Court. Q. Did you see Wale come in? - A. Yes. Court. Q. Who did he come in with? - A. By himself to the best of my knowledge. Court. Q. Who did you observe come in next? - A. I came in next myself. Q. But who else? - I cannot say. Q. Did you see Finch come in? - A. Yes. Q. Did he come in by himself? - A. I cannot say; I saw him come out and in. Q. What all the afternoon? - A. No. Q. After what time was it that Finch made one of your company, and did not work any more? - A. I cannot say, I am sure; I did not take such particular notice of that. Q. How came you then to take such particular notice of Harry Wale , if you did not of Finch? - A. I asked Harry Wale to drink as soon as he came in. Q. Is that the reason that you recollect he came in alone? - A. I do not know that he came in alone, he did as far as I know; he came in and sat down by me, however. AVIS ASHLEY sworn. - Examined by Mr. Knowlys. Q. Where do you live? - A. At Paddington. Q. Do you know Mr. Darby's house? - A. Yes; my sister rents a house of Mr. Darby. Q. Do you remember being at Darby's house? - A. Yes. Q. Do you know Wale? - A. I have seen him. Q. Do you recollect being at Darby's house at any time, when he was there? - A. Yes; I saw him there from eight till between ten and eleven. Q. What day was it? - A. May-day, in the afternoon. Q. What were you doing there? - A. My master was out, and my sister was out, I had no place to go to, and I was obliged to be there. Q. Do you know how long Wale staid there? - A. No; I cannot say how long, but he was never absent a quarter of an hour, nor five minutes, till between ten and eleven. Q. Did you sing at all? - A. Yes; I often sing to oblige company. Q. Did you sing that evening? - A. Yes; I dare say I song a dozen songs. Cross-examined by Mr. Knapp. Q. You were there from eight till half past ten, during that time do you remember Wale being in the room all the time? - A. I never knew him absent all that time, that is all I have to say, from five minutes up to a quarter of an hour; that is all I can say. Q. Do you know where this place is, where the robbery was committed? - A. Yes; but I do not know any thing of the distance. Q. Were you in the company of Finch the ostler, that night? - A. Yes. Q. Was he in the same box with you? - A. I cannot say, for I was in the box next the window, by the horse trough: Q. You did not observe Finch then? - A. No. Court. Q. Did you sit in the same box with Wale? - A. Yes. Court. Q. And which box was Finch in? - A. I cannot tell. Q. How many more were in the box with you and Wale? - A. A great many more, and a young man that was taken with Wale. Q. How many were there, women and men? - A. Three or four the outside. Q. Do you remember Withers coming in at night? - A. Yes, and drinking with him. Q. What time did he come in? - A. I cannot say, indeed. Q. How long did he stay? - A. I do not know. Q. How came you not to recollect how long he staid, as well as how long Wale staid? - A. I only took notice of my own company; he sat on the other side of the room. ROBERT BEADLE sworn. - Examined by Mr. Knowlys. Q. Do you know Harry Wale ? - A. Yes. Q. Were you at Darby's house? - A. Yes; on May-day night; I went there between five and six. Q. Do you know a girl of the name of Avis Ashley? - A. Yes. Q. Charles Childers ? - A. Yes. Q. Was Wale there when you got there? - A. Yes. Q. How long did you stay at the house? - A. I never went out but once till half past ten. Q. How long was Wale in the house while you were there? - A. All the time that I was, within ten or fifteen minutes. Q. If he had left the house any length of time, should you have known it? - A. Yes; because I was solid and sober all the time; he was not above fifteen minutes the outside. Q. I believe you were taken up on this charge? - A. Yes; and was discharged. Cross-examined by Mr. Knapp. Q. Fifteen minutes was the outside you think? - A. Yes. Q. How many were there at your box, drinking together? - A. Four or five - no, six. Q. You seem so certain about the time of Wale's being absent, can you tell us how long Finch or Childers were out, or any body else? - A. I did not miss Finch above fifteen minutes at the outside; he might be out one time ten minutes, because he was under ostler, and he might go out and in upon business. Q. Do you live at Darby's house? - A. No; I lodge just opposite, at the Green Man, I am a day labouring man, and dig gravel. Q. Many horses came there that day? - A. No; not many. Q. Were they put into the stable, or standing at the door? - A. I cannot tell, I was in the house. Q. Do you know what became of the two Withers's? - A. I never saw one of them. Q. You staid there till half past ten, and not see one of the Withers's? - A. No. Q. Do you know Aaron Withers ? - A. Yes. Q. Did you see him come into the tap-room in the course of that evening? - A. No. Q. Then of course you did not see him drinking in the tap-room? - A. No. Q. You did not drink with Childers nor Wale, nor any body in the tap-room? - A. No. Q. If he had drank, of course you must have seen it? - A. yes. JOHN ANDERSON sworn. - Examined by Mr. Knowlys. Q. You are quartered at the Red-lion, Mr. Darby's? - A. I was not quartered upon Mr. Darby. Q. You were, however, attending there? - A. Yes. Q. Do you recollect seeing Beadle at Mr. Darby's? - A. Yes; on Monday the 1st of May, I saw him as near as I can recollect, between three and four. Q. How long did he stay there? - A. Till half past ten, or a quarter past ten. Q. Did you observe him absent at that time? - A. I was absent myself, carrying out beer. Q. Did you carry out any beer? - A. Yes; I carried a pot of beer to the turnpike-gate, about a quarter after eight, as near as I can recollect. Q. When you left the house, to carry out a pot of beer to the turnpike-gate, did you observe whether Wale was in the room, or not? - A. Wale was in the room then. Q. When you returned from the gate? - A. I suppose I might stop conversing at the gate, about twenty minutes: when I came back I found Wale in the tap-room again; I was ordered to take another pot of beer to the turnpike-gate, which I did, in about five minutes after, and while I was at the gate, Mr. Beresford passed; I then heard the alarm of the robbery having been committed. Q. Did you stay any time at the turnpike-gate then? - A. Not five minutes. Q. When you returned at that time, where was Wale? - A. In the tap-room. Cross-examined by Mr. Knapp. Q. So you were absent then from a quarter after eight, for about twenty minutes? - A. Yes; with the first pot. Q. It was not till you went for the second pot, that you heard of the robbery being committed? - A. No. Q. Had you orders to take the first pot to the turnpike, at any particular time? - A. No; it was sent for. Q. It was nothing extraordinary for a pot of beer to be ordered on May-day? - A. No. Q. You do not recollect the delivery of any other particular pot of beer that day? - A. Yes; when beer is particularly ordered. Q. But suppose it is not particularly ordered, then you do not pay an attention to the exact time when you take out every pot of beer? - A. I know that it was just at that time. Q. Have you any clock in the tap-room? - A. No; there was one in the parlour. Q. But you had not gone into the parlour to look at the time? - A. No. Q. Can you six any particular time that you delivered a pot of beer where there was not a previous order for it on that day? - A. I recollect perfectly well, that the eight o'clock beer had then gone out, and this first pot that I carried, went after the eight o'clock beer. Q. Do you know either of the other prisoners? - A. Yes, I do; both of them by sight. Q. Did you see them on that day? - A. I saw one, Aaron Withers. Q. Where did you see him? - A. He came into the Red-lion, at pretty near ten. Q. Did he join the company of Wale? - A. I cannot say whether they drank together or not. Q. But you are sure he came into the tap-room before ten? - A. Yes. Q. Did you see Beadle there? - A. I do not know him. Q. Suppose he had started that he did not come into the tap-room, he must be wrong, and you right? - A. He did come into the tap-room, and had a pint of beer. Q. What are you? - A. A private in his Majesty's third regiment of foot guards. For Aaron Witbers . HENRY SISUM sworn. - Examined by Mr. Const. I am a brush-maker, at Wapping; I was at Paddington, on the 1st of May, my friends live there. Q. Do you know Aaron Withers? - A. Yes; I saw him that day from between six and seven till nine o'clock, at the King's-arms, at Paddington, Mr. Barker's. Q. How came he there? - A. I went and fetched him, by the desire of his father-in-law and mother, who were at Mr. Barker's house. Q. Who came with him besides you? - A. Only me and his wife. Q. Who were there at the time besides you? - A. John Saunders , his wife, and Joseph Love , and his father-in-law and mother; Aaron and his wife went away first; and his father-in-law and mother, and the rest, all went away together; and I saw no more of them. Cross-examined by Mr. Knapp. Q. Do you know the other prisoner, Wale? - A. I know him by living in the same neighbourhood. Q. Did you see him on that night? - A. No; I did not. Q. He was not at Mr. Barker's? - A. Not to the best of my knowledge. Q. Did you see the other prisoner that night? - A. No; not till the next morning. Q. Did you take notice of the time particularly? - A. Yes; of Aaron Withers, I did, he went away about nine. Q. Had you any watch? - A. No. Q. Did you look at any clock? - A. No. Q. Yet you are sure he did not go away till about nine? - A. No; but I took notice by what Mr. Barker said, and hearing the watchman afterwards. Q. Is Mr. Barker here? - A. Yes. WILLIAM POTTER sworn. - Examined by Mr. Const. I am a labourer: Aaron Withers married my daughter, on the 1st of May last; I was with him between six and seven o'clock till nine, at the King's-arms, in the Edgware road, Mr. Barker's. Q. How happened your son-in-law to be there? - A. I went in with some acquaintances, my wife and I, they asked me how my son and daughter did, I said, I did not know; and they wanted to see them, and I sent Sisum over for them, and they came with him between six and seven o'clock in the evening; we staid till about nine. Q. Had he been cut? - A. No; we came away; I desired him to go home, and go to bed; I went my way home, and they went their's; we parted at Paddington turnpike. Q. Do you know where the Red-lion is situated? - A. Yes. Q. How far from where you left him? - A. I cannot say. Cross-examined by Mr. Knapp. Q. Was he absent any part of the time? - A. Not that I know of at all; I do not know whether he was out so much as to make water; there were a pretty many of us in company, and I cannot say. ANN POTTER sworn. - Examined by Mr. Const. I had not seen my son-in-law a great while, and I sent a young man for him to drink, a pot of beer, and he came and his wife with him, that was between six and seven o'clock. Q. Are you sure as to the time? - A. Yes, I am. Q. How long did you all stay? - A. Till nine o'clock, I dare say. Q. Did he stay there all that time? - A. Yes; I did not miss him five minutes, we came just out to the door together, and then parted. Q. Are you sure of the day? - A. Yes; the 1st of May. Q. How do you know it was about that time of night? - A. I looked at the clock. JOSEPH LOVE sworn. - Examined by Mr. Const. Q. Do you know Aaron Withers ? - A. I do not know him, only being in company with him the 1st of May, at night; I never was with him before in my life. Q. Where were you in company with him that night? - A. At the King's-arms, at Paddington; he came there between six and seven o'clock. Q. Are you sure of that? - A. Yes. Q. Who came with him? - A. His wife, and staid there till nine o'clock; I staid there, after them. Q. Did he leave you during the time? - A. I do not remember that he was ever five minutes out of the house all the time. JOHN BARKER sworn. - Examined by Mr. Const. I keep the King's-arms, at Paddington. Q. Do you know Aaron Withers ? - A. Yes; I saw him on May-day last; his father and mother-in-law came into my house between four and five o'clock, and they sent for Aaron to come to them, and he came, and his wife with him, it might be then six o'clock. Q. Tell us how long he staid there? - A. When I went to settle the reckoning, it wanted twenty minutes to nine, and they had another pot of ale while they were having in the reckoning, I went down to draw it, and the boy was drawing the half past eight o'clock beer, and I looked at my watch, and told him he would be very late; they all went away together just after nine. Q. Do you know the place where this robbery was committed? - A. No, I cannot say; from what I have heard say, it is very near a mile and a half; I do not think he was out of the house at all, I never missed him out, I was attending three companies in the parlour in the same room. Cross-examined by Mr. Knapp. Q. He might have gone out and in again in that time? - A. He might. WILLIAM DALLIMORE sworn. - Examined by Mr. Const. I am a shoemaker, at Paddington; I know Aaron Withers: On the evening of Mayday, I remember seeing him cross Chapel-street, near twenty minutes before eight o'clock at night, he was going the back way to the King's-arms; I saw him go in along with Harry Sisum. Q. How do you know it was twenty minutes before eight? - A. Because I was obliged to go to visit a sick member of a benefit society that I belong to, and I was obliged to be there before eight o'clock; I was there two minutes before the time. Q. Who was with him? - A. Harry Sisum . Q. Any body else? - A. No. Court. Q. And you are sure it was twenty minutes before eight? - A. As near as possible. Q. And it was twenty minutes before that, that you saw him? - A. Yes, as near as I can guess. For George Withers . JOHN CLARKE sworn. - Examined by Mr. Const. I work for a potato-merchant, Gerrard-street, Soho; I was at Paddington about half past seven at night, on May-day; George Withers and I went from London to Paddington, about six o'clock; I live at Paddington, and he called upon me in Bedford-bury, where my horse always stands; we got to the Key, in Bell-street, a quarter before eight. Q. Was any body else with you? - A. We met with two young men, John Batchelor and James Batchelor , at Paddington, and we all went together to the Key, and there was my sister, Ann Clarke , and Ann Batchelor ; there were six of us altogether; we left the Key about half past eight, and went to the King and Queen, on Paddingtongreen; we got there about twenty-minutes before nine, and staid till half past ten, and then we went back as far as the Key, and there we parted. Q. Did Withers leave your company, from the time he called upon you in Bedford-bury, till you parted at the Key? - A. No. Q. That night did you see Harry Wale ? - A. No. Q. Nor Aaron Withers? - A. No. Cross-examined by Mr. Knapp. Q. Are you at all related to Withers? - A. No. Q. How happen you to recollect this particular day-were you at Bow-street? - A. Yes. Q. Who desired you to go to Bow-street? - A. I was sent for by George Withers himself. Q. Have you been long acquainted with him? -I never had any acquaintance with him, except being at work with him. Q. Was Wale and he acquainted pretty much? - A. I do not know. Q. You have no particular acquaintance with Wale? - A. Yes; I have known him some time. ANN CLARKE sworn. - Examined by Mr. Const. I am sister to the last witness; I work at my needle; on Monday evening, May-day, at eight o'clock, I left my work, and went to Paddington, and there I saw George Withers , at the Key, in Bell-Street, and two or three more that went from town with me; three young women that worked with me, they are not here. Q. Who was with George Withers there? - A. Two brothers of the name of Batchelor, and my brother, was there, that was about a quarter before eight, and there we were till past ten; I did not go in but my brother went, and fetched George Withers out, and then we went to the King and Queen, and came back to the Key. Q. How many of you went to the King and Queen? - A. George Withers, my brother, myself, the two Batchelors, and their sister Mary Batchelor . Cross-examined by Mr. Knapp. Q. You did not go with your brother to Paddington? - A. No. JAMES BATCHELOR sworn. - Examined by Mr. Const. I work with Mr. Cooper, a scavenger, at Westminster; I was at Paddington, on May-day, between seven and eight o'clock, at the corner of the New-road. Q. Do you know George Withers? - A. Yes; I saw him between seven and eight O'clock coming along the road with John Clarke; I went with him up to the Key, in Bell-street, and had a pot of beer, there was Mary Batchelor my sister, and John Batchelor my brother, who staid at the Key till half past eight o'clock, as near as I can guess, and then we went to the King and Queen. Q. Who was with you at the King and Queen? - A. My brother, and my sister, and John Clarke , and I, and George Withers. Q. Do you know Clarke's sister? - A. Yes; she was with us. Q. Was she with you at the Key? - A. Yes. Q. How long did you stay at the King and Queen? - A. Till between ten and eleven. Q. All that time, was George Withers with you? - A. Yes; and then we went to the Key again. Q. And all this time, George Withers was with you? - A. Yes. JOHN BATCHELOR sworn. - Examined by Mr. Const. I am a labourer; I know George Withers , I went with him on Monday, to the Key, in Bell-street, and Clarke and his sister, and my brother and sister, we staid there till about half past eight, as near as I can guess, we were altogether; then we went to the King and Queen, and as near as I can guess, I left them there about ten o'clock. Q. Had Withers been with you from the time you first saw him? - A. Yes, all the time. Cross-examined by Mr. Knapp. Q. Ann Clarke went into the Key, did not she? - A. Yes; we all went in together. Q. Ann Clarke and all? - A. Yes; we all went in together. MARY BATCHELOR sworn. - Examined by Mr. Const. Q. Do you know George Withers ? - A. Yes. Q. Did you see him any where on last May-day? - A. Yes; about a quarter after eight in the evening, at the Key, in Bell-lane, he was sent for out. Q. Do you know by whom he was sent for? - A. No, I cannot say. Q. When he went out, did you go at the same time? - A. Yes. Q. You and your brother? - A. Yes. Q. Was John Clarke and his sister there at that time? - A. Yes; we then all went to the King and Queen together, in the Harrow-road, and staid there till between ten and eleven o'clock, as near as I can guess. Court. Q. How came you to remember it was the 1st of May? - A. Because it was a particular day. Mr. Const. Q. Where did you go to after? - A. We came back again to the Key, and had a pot of beer and parted. Q. Are you sure that Withers was with you all this time? - A. Yes. Q. Who was there besides him? - A. My brother was in at the Key with him; Ann Clarke staid outside the door with me, to wait for them. Q. Who was with Ann Clarke? - A. My brother. Q. Who had you besides your brother and you, and Ann Clarke? - A. There were three or four young men, acquaintances of Clarke's, but they did not stop, they went home. JAMES LEWER sworn. - Examined by Mr. Const. I keep the Key, in Bell-lane. Q. I do not know whether you remember George Withers being at your house on the 1st of May? - A. Yes; he was there. Q. Who was the party? - A. A man of the name of John Clarke; I do not know any of the others; I knew all the three prisoners by sight. Q. What time was it that he left your house? - A. About ten minutes from that to half past ten. Q. Do you remember their being there earlier? - A. I was informed Withers was there earlier, but I did not see him; I saw John Clarke there, a little before we lit candles. Court. (To Finch.) Q. You told us, that you were with the prisoner at the bar all the afternoon? - A. Yes. Q. Did you see either of the Withers's there that afternoon? - A. Not to my knowledge. Q. I think you swore that neither of them were? - A. No; I said to the best of my knowledge. Henry Ellison, GUILTY Death . (Aged 27.) Aaron Withers, GUILTY Death. (Aged 26.) George Withers, GUILTY Death. (Aged 23.) Aaron Withers was recommended by the Jury, to his Majesty's mercy, on account of Mrs. Beresford fixing on another person . George Withers was recommended by the Jury, on account of Mr. Beresford being less positive to him than the other two, and also by the prosecutor, on the ground of his telling Mrs. Beresford she should not be hurt . Tried by the first Middlesex Jury, before Mr. Justice GROSE. 396. ELIZABETH STERLING was indicted for feloniously stealing, on the 17th of May , a silver watch, value 3l. and a steel watch-chain, value 6d. the property of Henry Foreman . HENRY FOREMAN sworn. - I am a cabinetmaker, a journeyman : I met the prisoner at the bar near Bridges-street, the corner of Russel-street, she took me to Little Catherine-street, to a house called the Dark-House , John Robins was with me, it was a public-house; after sitting some time, I pulled out my watch to see what was o'clock, and the prisoner snatched the watch out of my hand, it was a silver watch, with a steel chain, and put it into her bosom; three men rushed in and assisted her in making her escape, one of whom, I understood lived with her, they prevented me pursuing her; the young man that was with me jumped over the table, but was prevented going after her; I did not go to her lodgings till a fortnight after; the mother of the girl brought me a letter, and I got a constable and detained the mother, and she took us to her lodgings, she was getting her breakfast, and the man was in bed who assisted her in making her escape; I saw the watch in the pawnbroker's hands, the pawnbroker has it now; I know the watch by my father's name being on the back, and my name on the pendant ring; the chain was taken off and a piece of string fixed to the watch, I can swear to the watch; she was in my company about three hours, I have no doubt of her person, it happened on the 17th of May. Prisoner. I was in company with those gentlemen three or four nights before this happened; he put the watch down my bosom. Court. (To Foreman.) Q. Were you in company with the prisoner before this happened? - A. Yes, once at the a-la-mode-beef-house; I was perfectly sober at the time. JOHN ROBINS sworn. - I am a gentleman's servant, I am not in place now, I lived with Mr. Steward last, No. 1, Dean-street, Tooley-street, in the Borough, as footman: I was in company with Henry Foreman at the time he was robbed; I met him at the corner of Russel-street, at the top of Bridges-street, I went to the Dark-House with him and the prisoner; I had not been with him above two hours before she took the watch, we were drinking with the girl; Foreman pulled the watch out to see what was o'clock, and the prisoner snatched it out of his hand, and there came three or four men and assisted her in making her escape; I jumped over the table in pursuit of her and she was gone; I saw her about a fortnight afterwards at her lodgings in Johnson's-court, I saw the same man as was there at the time the watch was taken; I have seen the watch since in the pawnbroker's hands, I know the watch sufficiently to know it again, the chain I have never seen since; there is a piece of string tied to the watch. Jury. Q. Was the prosecutor and the girl acquainted before this? - A. There was an acquaintance; we were at the a-la-mode-beef-house two or three nights before. GEORGE GOLDEY sworn. - I am a pawnbroker: I produce a silver watch, I took it in of a man who said his name was James Simmons; it was pawned on the 18th of May, it had nothing to it but a piece of string and a key, I have kept it ever since; I lent one pound fifteen shillings on it, I gave a duplicate with it. Jury. Q. Had you received any pledges from that man before that? - A. I cannot say I ever did. PATRICK MACLEOD sworn. - I am an officer: I apprehended the girl, I got the duplicate of the watch at her mother's; I know nothing more. (The watch produced). Henry Foreman. This is my watch, my father's initials, J. F. is upon the back of it, and here is H. F. here. Prisoner's defence. I was in company with them three or four nights before this, and we went to an a-la-mode-beef-shop; and a night or two after that, I met with those young men in Drury-lane, and we went into a house and had something to drink, and then they went and bought us some pies, and took them to this Dark-House; he took the watch out of his pocket and put it down my bosom, and they sung two or three songs after I had the watch; he was very much in liquor at the time. I sent him a note to know if he would accept of the watch again; he said, he would not without I would give him a guinea. Court. (To Foreman.) Q. Did you offer to make this up for a guinea? - A. No; I have a gentleman here to prove it; the note said, if I would accept of half-a-guinea and the duplicate, and half-a-guinea by instalments, they would call and settle it; I would have nothing to do with it. JOHN TISSLEY sworn. - Q. Did you receive any note from the girl? - A. I received a letter from one of the young men, purporting that if the young man would accept of the duplicate and half-a-guinea, and half-a-guinea by instalments, they would call and settle it. Court. Q. Did the prosecutor agree to settle it? - A. He wished to have his property, he did not wish to take any hostile steps. GUILTY (Aged 18.) Transported for seven years . Tried by the second Middlesex Jury, before Mr. RECORDER. 397. HENRY BARTHOLOMEW PALMER , HANNAH PALMER , and MAURICE STANDFORD were indicted for that they, on the 27th of May , one piece of base coin, resembling the current coin of this realm, called a half-crown, falsely, deceitfully, and traiterously, did colour, with materials producing the colour of silver . They stood charged upon five other Counts with the same offence, only varying the manner of charging them. (The case was opened by Mr. Fielding.) EDWARD ROGERS sworn. - I am a Police-officer, belonging to the office at Shadwell: On Saturday last, the 27th of May, in consequence of an information, I was desired by the Magistrates to go to the Feathers, a public-house, in King-street, Seven-dials ; I had in company with me Taylor, Haynes, Elby, and Richardson, it was about the hour of three, a little before or after, on a Saturday afternoon; I desired Haynes and Richardson to place themselves, one at the front, and the other at the back-door of the house; I immediately ran up stairs, and Taylor and Elby followed me; when I came near the door, the back room-door of the two pair of stairs, I went up very easily, and listened at the door, I did not make any noise, and I tried very gently to see if the door would unlatch, and finding it would not, I put my shoulder to the door and burst it open; there was a bed in the room just facing the door, and the first person I saw was the woman at the bar sitting upon the bed-side, and there was set before her a bason, either upon an old chair or a stool, in which there were shillings and sixpences; there were different sorts of money found; in this bason there were shillings and sixpences mixed with some sort of liquid, and she had a sixpence at the time between her fingers. Henry Bartholomew Palmer was nearest the fire, he was upon his legs, he had money in his hand, but whether it was a shilling or a sixpence I will not be positive, he instantly dropped it. Maurice Standford was at the left-hand side of the room, sitting at the door; but at the time I went in he instantly got up and dropped the money he had in his hand; the woman tossed the bason on the floor and broke it. Taylor, Elby, and myself, laid hold of the men in order to secure them (for they followed in a few seconds after I had burst the door open); we endeavoured to secure the men, there was some resistance, but no blows, they pushed us about but did not strike us, they put their hands in our handkerchiefs and endeavoured to get away; we secured them, and got them hand-cuffed; during the time we were struggling with the men, the woman laid hold of a bottle and run to the window, and pushed her hand against the casement window and it opened; she threw the bottle out, and some other things that she had been pretty active in throwing out, they were in parcels; there was a smart fire in the room, and upon the fire there was a gridiron, and upon the gridiron there was charcoal laid over the bars of the gridiron, and either one or the other of the parties threw the gridiron off the fire; near the fire I found some bad money, unfinished money; and the money that was in the bason that was before the woman, as much as was not thrown away, I picked up and put into my pocket; there was another bason in the room which I ordered Taylor to take the money out that was in it, (produces the money and other articles); this is the whole of the money that was in the bason, except the two or three shillings that I found by the fire-side. I also got this paper, containing these different articles, brick-dust, bread, and different things; also a cloth, which is called a scouring-cloth, which Richardson took out of the bed, and out of the cloth I took half-a-crown, three shillings pieces, and a sixpence; in that cloth there is falt, and some other articles; we found a pot in the room, with a bason with some sort of liquor in it, but in the scuffle most of the liquor was spilled, but what remained I ordered Richardson to take care of; we brought the prisoners to the Public-office, Shadwell. Court. Q. Who keeps the Feathers public-house? - A. It is kept by William Mason . Q. Did you find any cork? - A. I did not. WILLIAM TAYLOR sworn. - I am a Police-officer: I was employed in consequence of an information to go to the Feathers public-house; we got into the room, Rogers went in first, I followed him instantly; Rogers said, oh, I have catched you at work, have I; Elby followed me directly into the room; I immediately saw a bason stand at the foot of the bed, with liquor in it, and the woman sitting on the side of the bed; I saw the other two prisoners nearly close to the fire, there was a fire, and a gridiron upon it all covered over with charcoal; the men endeavoured to get away from Rogers and Elby; the woman went to the fire-place, took the gridiron off, and threw a bottle out of the window; I immediately called for Richardson to come up stairs, when he came up stairs the men resisted very much; I saw the shillings, the sixpences, and a dollar, lying upon the floor; I did not see either Palmer or Standford have any thing in their hands, I saw a dollar and some sixpences lay upon the floor where they both stood; we got them all secured, and looked about the room, and found a gallipot, it was full of a greenish mixture, and Palmer knocked it out of my hand and broke it into many pieces, the pot we got clear away; these are what I found, here are dollars, half-dollars, shillings, and sixpences, I found them at the foot of the bed; at the time when I found them they were white, the shillings, sixpences, and half-crowns, all entirely white; the woman was rubbing something between her fingers; I found nothing more. Q. What state were the hands of those people in? - A. They were in a greenish state; my hands were as green as theirs by handling the money. CORNELIUS RICHARDSON sworn. - I was of the party with Rogers: I found this pot, and some dollars, half-dollars, half crowns, sixpences, and shillings, I found them under the bed; the brush was thrown out of the pot, I picked it up and put it into the pot, the contents were of a green liquid. - ELBY sworn. - If found a counterseit dollar, and four other base pieces of metal, and a file with a piece of cork at the end. Q. (To Rogers.) Did you try any of the pieces with the materials that were there? - A. When I was before the Magistrates I tried the liquid in the presence of the prisoners, with a little of the falt, and the other stuff that is in this cloth, and it produced from these red blanks something exactly of the colour of shillings and sixpences; aquaforts is certainly some of the composition. Q. At the time you saw the woman she had something between her fingers? - A. She had a sixpence between her fingers in this state, fit for circulation at the time; there were some of each kind fit for circulation; when they are dry they are fit for circulation, but there were some not dry. RICHARD FRANKLIN sworn. - Q. Look at that money? - A. These are counterfeits, but they resemble the current coin of the kingdom. The prisoners did not make any defence. H. B. Palmer GUILTY Death . (Aged 34.) M. Standford GUILTY Death . (Aged 37.) Hannah Palmer NOT GUILTY . Tried by the second Middlesex Jury, before Mr. Justice GROSE. 398. JOHN SMITH was indicted for feloniously stealing, on the 13th of April , four pieces of fir timber, value 160l. the property of Charles Ferguson and Thomas Todd . (The case was opened by Mr. Trebeck.) CHARLES FERGUSON sworn. - I am a mast-maker , I have a partner, his name is Thomas Todd : On the 13th of April, I missed the masts mentioned in the indictment, they had been in a private dock which we made to accommodate ourselves; and, to prevent the masts going adrift, we placed an old mast, that was condemned, to hinder them going out; the dock was wet or dry, as the tide came down. On the Sunday I saw them, I marked them with my own hand, all of them; we had them from Mr. Osborn, from on board the ship Empress of Russia; Mr. Mills, the rafter's man, brought them, and he set his mark apon them; in consequence of some information I received, I went in pursuit of them; I went to a lane nearly opposite Hungerford coffee-house, and there I saw best part of the property I had lost; two of them were cut up into two foot and a half, and three foot lengths, it was on the Thursday before Good-Friday; I missed them about twelve o'clock at noon, and I got there a little after four in the afternoon; I found them on Mr. Germaine's premises; the two masts that were cut up were valued at one hundred pounds; I took Germaine into custody; I have no doubt but the short pieces of wood were part of the masts, because the number and contents all agree with my book; there is a piece in particular that has R.T. upon it, and another marked 82, which I rased with my own hand the day we bought them; there was considerably more of it upon Germaine's premises. Q. Did you search after any person you supposed to be the thief? - A. We had constables all about the town. Cross-examined by Mr. Knowlys. Q. The only mark you put upon it was R.T. and the contents? - A. Yes; most watermen in the river Thames know our mark; I found only two masts at Germaine's, but we lost four. Q. Have you since found those two other masts? - A. We found them the same evening made fast at Temple-stairs. Q. Does not timber of this description frequently get afloat? - A. A gale of wind will occasion it often, (and we cannot guard against it); small timber, that runs from about sixteen to twenty feet long will get afloat, but not timber of such magnitude as these are. Mr. Trebeck. Q. Was it such a stormy windy night that it was impossible to prevent them getting adrift? - A. No; they were fastened to a boom, and that boom we found fast, and exactly in the situation we left it; if the boom had gone adrift, I should naturally have supposed it was caused by some accident, but the boom being made fast, I concluded they must be stolen; this is the wood I lost. JAMES MILLS sworn. - I am a timber-rafter, I raft almost all the timber that comes to the London market: A short time preceding the 13th of April, about the middle of February, we delivered twenty-two masts, which Mr. Osborn had purchased from the ship Empress of Russia, to Messrs. Ferguson and Todd; we mark all the timber we take from the ships, I had marked that, (the timber produced); my mark is not upon that timber, but I know this mark to be Messrs. Todd and Ferguson's. Cross-examined by Mr. Knowlys. Q. I believe you lose a good deal of timber by drifting? - A. Yes. Q. How much in the course of a year? - A. From fifteen hundred to two thousand pounds a year; but it is not all of it of this description. WILLIAM THOMPSON sworn. - I am an apprentice to a waterman, James Knight : I know the prisoner at the bar, and Isaac Wood , I saw the prisoner and him coming up one night between twelve and one, I cannot tell the day, off Queenhithe, they were rowing up some timber a-stern of their boat, I was rowing by them, I am sure it was the prisoner; after I saw them off Queenhithe, I rowed past them; it was not light, it was rather darkish. Cross-examined by Mr. Knowlys. Q. You were about your honest employment were not you at that time of night? - A. Yes. Q. The waterman pick up a great deal of timber? - A. Some of them do. JOHN WHITE sworn. - I live with Messrs. Wood and Company; their wharf is at the bottom of Northumberland-street, Strand, it is near the premises of Mr. Germaine; all the goods that come to Germaine's, come off that wharf; I know the prisoner, and I know Isaac Wood, I saw them both on the 13th of April, about one o'clock in the morning; I saw them bring two masts at the stern of their boat, and make them fast along-side of my master's wharf, I was very near to them, they rowed down the river again towards Somerset-house; and afterwards they returned, and landed at Hungerford-stairs; I am quite sure it was Smith and Wood; I called Mr. Germaine up at high water, it was a little after two o'clock; he got up, and towed it aground, and between five and six, they began to land it, I cannot directly say how many assisted in landing it, there might be six or seven; I saw them land it on Germaine's premises; I am clear they were taken to his premises, I assisted in taking them, they were in the way of my master's carts; I never saw Smith after that time to my knowledge; I was desired to go in search of Smith, but I did not go; I believe he lives at the next door but one to the Swan, Hungerford-market. Cross-examined by Mr. Knowlys. Q. This was landed publickly in the morning, when there were thirty or forty people by? - A. Yes; there were upwards of thirty or forty people there, there was no secret made about the landing. Q. Are you sure they only came with two masts? A. I saw them bring the two masts in question, I never saw any more after that. Mr. Trebeck. Q. When those masts were fastened to Mr. Wood's wharf, were there thirty or forty people by then? - A. No; there was nobody in sight to my knowledge. JOHN SWEETLAND sworn. - I worked with Mr. Germaine, in April last; I remember the time this wood was landed; I have known Smith for some years; I had seen him some few days before this wood was landed, I had no conversation with him, I saw him and Germaine together; I heard Mr. Germaine say, and Smith was present, fifteen shillings or fifteen pence the foot, I don't know which. Cross-examined by Mr. Knowlys. Q. You have seen Smith a thousand times in company with Germaine? - A. Yes. Mr. Trebeck. Q. Did you see Smith after this wood had been landed? - A. I did, in the same place. Q. (To Mr. Ferguson). Is fifteen pence a foot at all the value of that timber? - A. Fifteen shillings a foot is. WILLIAM GERMAINE sworn. - Q. You stood under an accusation the last session, for the county of Middlesex? - A. Yes. Q. Tell us all you know of this transaction? - A. Mr. Smith applied to me some days prior to the timber coming, I believe it was on the 11th of April, he said, he had been down below bridge, Deptford, that he had met a captain Rowe, who told him he had got two masts on his hand, that his ship was cleared and in dock, and he was going home; I asked him what the captain asked for it; he was more than I could afford to give for it; he came to me the next day about it; I told him if he would send it me at fifteen pence a foot, I would have it; he told me one of the sticks had a defect in it at the butt end; he told me if the captain would take the money, he would bring it the next tide; some timber was brought the next tide. Q. Was that timber brought the next tide, that Mr. Ferguson found upon your premises cutting up? - A. Yes; I paid him for the timber. Q. Do you know the value of mast timber? - A. I knew it was more than I could afford to give, for making of laths. Cross-examined by Mr. Knowlys. Q. How long were you sentenced to be in prison? - A. One year. Q. I ask you this, have you not some hopes, on making such a discovery, of being liberated? - A. I have hopes of being liberated; I have no desire of punishing the prisoner. Q. Then you hope to be liberated sooner than you are sentenced? - A. I should be very happy. ROBERT BERESFORD sworn. - I am an officer belonging to Bow-street: I went in search of the prisoner; I went several times to his house, but I could not apprehend him; he was at last found by the means of a public advertisement. Prisoner's defence. I have a man as a witness, that saw me pick up the timber. JOHN IZZARD sworn. - Examined by Mr. Knowlys. - Q. What are you? - A. I am a fisherman; I know Smith very well: Between two and three o'clock, on the 13th of April, seeing a boat coming up, I hailed the boat; he said it was John Smith ; he had a mast fastened to his boat, I saw another mast afloat, driving up with the flood tide, he was rowing after that likewise; sometimes you may see forty sticks of timber adrift; he said, he was going to make it fast, in order to find an owner, or take it to the water bailiff. Q. There is a reward given? - A. You are allowed a salvage, but when you take it to those water bailiffs, you never get any thing for it; it is a common thing to see timber adrist, when I see it, I generally lay hold of it; I have taken up some hundred sticks; I am quite certain that this happened between two and three o'clock, day light was beginning to appear. Q. Then if any body had taken timber as far as Hungerford, between twelve and one o'clock that night, it could not have been that timber? - A. That I cannot swear to. Cross-examined by Mr. Trebeck. Q. Did he say any thing about bringing that timber from a captain of a ship? - A. He said nothing, there was another person in the boat with him, a man of the name of Wood. JOHN NASHBROOK sworn. - I am a waterman; I have known Smith about nine years; he has always been industrious; I worked with him when I was a journeyman. ISAAC FARLOW sworn. - I am a waterman and lighterman; I live at Hungerford-market; I have known Smith between thirty and forty years; he has always borne the character of an honest and trusty man, I have trusted him with goods to a great amount. ANTHONY LEAR sworn. - I am a weaver; I have known the prisoner very near five years, I have trusted him with many pounds. TIMOTHY HIGGINS sworn. - I live at the Old-swan, I am landlord; I have known Smith for seven years, he has always bore a very good character. HENRY KING sworn. - I have lived at Hungerford-market, upward of eight or nine years, he has always bore a remarkable honest character. JOSEPH RICE sworn. - I live at Walworth, I am contractor for the City toll; I have known him for ten years, I never knew any harm of him. WILLIAM HERMITAGE sworn. - I am of no business; I have known Smith four or five years, I always thought him a very honest man. GUILTY (Aged 51.) The Jury recommended him to mercy, on account of his good character . Confined twelve months in the House of Correction , and fined 1s. Tried by the London Jury, before Mr. Baron PERRYN. 399. RICHARD CALCOTT was indicted for feloniously stealing, on the 24th of May , one leather pocket-book, value 4d. and one bill of exchange for the payment of 26l. 15s. 6d. the property of James Newsom . (The case was opened by Mr. Watson. SAMUEL JACKSON sworn. - I am clerk to Mr. Newsom, he lives in Russell-street, Bloomsbury; I was directed on the 24th of May last to go to the Seaman's Office, Royal Exchange, to receive a bill of 7l. 8s. 6d. I asked that lad (the prisoner) the way to the office, I met him close by the office, and he, under pretence of shewing me the way, went up stairs with me; I felt something at my pocket; I immediately turned round, and there he was, running down stairs; I missed my pocketbook, and I ran after him and called out, stop thief, several times, I pursued him as far as Lothbury, I never lost sight of him; there was a gentleman pursued also, and when he saw himself closely pursued, he threw the pocket-book behind him; I saw him throw it away, I picked it up, and the gentleman pursued him and caught him; the book contained several bills. Q. Did it contain one for 26l. 15s. 6d.? - A. I believe it did (the bill produced); that is one of the bills, I am sure of it, the date is May 22, 1797, it is directed to Mr. Charles Mills , jun. Grange, Bermondsey, (the book produced); this is the book. Court. Q. What is the value of the pocketbook? - A. Four-pence, it is the property of Mr. Newsom. GEORGE PEPYS sworn. - I recollect being in Lothbury, on Wednesday the 24th of May; I heard the cry of stop thief; I turned about, and I saw a man drop a red pocket-book; the prisoner at the bar is the man; I have no doubt about the person, the young man had the pocket-book again, I called out stop thief, and he was secured. JAMES NEWSOM sworn. - Samuel Jackson is my clerk, and this is my book. Q. Do you happen to know whether your clerk had the care of that book on the 24th of May last? - A. I was out of town at the time; I know the book to be mine, it has never been out of my possession since. Court. Q. Was it ever delivered to that young man, Jackson? - A. Every day. Prisoner's defence. I have nothing to say, I leave it to the gentlemen, I have nobody here but my father. GUILTY of stealing the book . Transported for seven years . Tried by the London Jury, before Mr. RECORDER. 400. JOHN LYNSON was indicted for breaking and entering the dwelling-house of Vernon Ley , no person being therein, about the hour of four in the afternoon of the first of May , and feloniously stealing a woollen blanket, value 7s. 6d. a linen sheet, value 1s. 6d. two pillows, value 3s. two linen pillow-cases, value 1s. a calico gown, value 4s. a cotton bed-gown, value 6d. two linen shirts, value 4s. a check linen apron, value 6d. two pair of cotton stockings, value 2s. a pair of worsted stockings, value 1s. two neck handkerchiefs, value 2s. six women's caps, value 2s. 6d. a cotton night cap, value 2d. two shoe brushes, value 8d. a pair of women's linen pockets, value 1s. five yards and a half of gauze lace, value 3s. and a bead necklace, value 6d. the property of the said Vernon Ley . VERNON LEY sworn. - I live at No. 2, in a court, in Cripplegate , I am a house-keeper there: On the 1st of May, I left my house between nine and ten o'clock in the forenoon; I left nobody in the house, I left all secure; I returned about six o'clock in the evening, and found this staple, and the hasp that goes on it and is fixed with a lock, broke, and thrown upon the stairs; the door was close too, but there was nothing to prevent any person opening it; I examined my house, and I found my property had been taken away; there was a blanket off my bed, a pair of pillows and two cases, and a bed-gown belonging to my wife, and various other things; he was taken in the court with the property on him; I have no knowledge of the prisoner. MARGARET LEY sworn. - I am the wife of Vernon Ley: On the 1st of May, I went out at five o'clock in the morning, I did not return till near ten in the evening, my husband told me we had been robbed, he said, I must come and own the things, because he did not know them so well as myself; I missed a double handkerchief, a sheet and a blanket, three pair of stockings, two neck handkerchiefs, a pair of pockets, and five yards and a half of lace. Court. Q. State all you missed, and the value of them? - A. I missed one blanket, value 7s. 6d. a linen sheet, value 1s. 6d. two pillows, value 4s. one bed-gown, value 6d. two shirts belonging to my husband, value 2s. a piece, one calico gown, value 4s. one check apron, value 6d. two pair of cotton stocks, value 2s. one pair of worsted stockings, value 1s. two neck handkerchiefs, value 2s. six women's caps, value 2s. 6d. one cotton nightcap, value 2d. two shoe-brushes, value 8d. one pair of women's linen pockets, value 1s. five yards and a half of gauze lace, value 3s. one pair of bead-necklaces, value 6d.; those articles were all taken away, I never saw the prisoner before, I know nothing of my own knowledge of his taking these things. JOHN GIBBS sworn. - I live next door to the prosecutor; I saw a strange man come out of his house, with this property on his back in a bag, I am sure it was the prisoner at the bar; I spoke to a woman that was standing at the bottom of the court, Mrs. Brown; I said to her, here is a man come out of Mr. Ley's house, and there is nobody at home, and she said, we will stop him, accordingly, when he came to the end of the court, we stopped him, the woman said, my friend, what have you got here, he said, it was his own, she said, if it is your own, I should like to see what you have got. Court. Q. Did you examine what he was in possession of? - A. Not then; he came into the passage, and he threw the bag down, I catched him by the collar, and he struck me upon the jaw, and said, you bloody dog, what do you catch hold of me for; I kept him by the assistance of two women, and detained him till the constable came and took him out of my hands. Prisoner. Q. Did you see me go into the house? - A. I did not see him go into the house, but I saw him come out. ELIZABETH BROWN sworn. - I live in the same court, there are but four houses in it; I saw the prisoner at the bar in the possession of this bag; I was the person that laid hold of him first, he said, he would put the bag down, and would come again presently; the bag was upon his shoulders; I examined the contents, there was a calico cotton gown which I knew very well; I saw the seam of a sheet that hung out; I know the calico gown to be the property of Mrs. Ley, they were put into the possession of the officer, Richard Elden . ANN NOWLAND sworn. - I was present with Mrs. Brown, when the prisoner was taken; he dropped the bag, and endeavoured to get away from us, we laid hold of him, and he was apprehended; I saw the bag, and the first thing we saw was a gown of the good woman's, it was a calico gown. I know it to be the property of Mrs. Ley; I saw the gown, two pillow-biers, a blanket, and two shirts, and I believe all the rest of the things; I know those articles to be the property of Mrs. Ley; the prisoner was kept in custody till the constable came. RICHARD ELDEN sworn. - I am a constable; on the 1st of May, I was called upon to go to the house of the prosecutor, when I came to the house, those people were about the place, and about one hundred more; they told me this was the prisoner; I laid hold of him, and he struck me, and asked what business I had with him; the bag I have had in my possession ever since (produces the things); I took those articles out one by one, and I got a gentleman to put them down; the prisoner was carried before the Magistrate and committed. Mrs. Lee. These pockets are mine, the two pair of cotton stockings are mine, the two muslin half handkerchiefs, the blanket, and every article here is mine; I can swear to every thing that is here to be my husband's property. Prisoner's defence. I never was in the house till they carried me to the passage. GUILTY Death . (Aged 64.) Tried by the London Jury, before Mr. Baron PERRYN. 401. ANN REEVES was indicted for knowingly, and designedly, and by false pretences, on the 6th of May , obtaining from Philip Sewel , one pound weight of butter, value 10d. half a pound weight of cheese, value 4d. and four pennyworth of eggs, with intent to cheat and defraud the said Philip . PHILIP SEWELL sworn. - I am a cheesemonger , I live in Beech-street, Barbican ; I never saw the prisoner at the bar, till she came into my shop on Saturday the 6th of May, between five and six o'clock in the afternoon; she told me she was come for a pound of tenpenny butter, and half a pound of cheese, for Mr. Barry; I asked her if she was come to live there as his servant, she told me she was; accordingly, I let her have the things, she said her master was gone out, and her mistress had got no change; she went out of the shop and came back again, and said, she was to have a groat's worth of eggs, I let her have the eggs, and she went away, and I believe, the second customer that came into my shop was Mr. Barry's old servant; Mr. Barry lives in Red-cross-street. Court. Q. As she was a new servant, why did you not take the pains to see whether she was the servant of Mr. Barry, or not? - A. This being on a Saturday, I had not time. PETER BARRY sworn. - The prisoner at the bar never was a servant of mine; I never sent her for a pound of butter, and half a pound of cheese, she had been in my house about a year before, she is about fifteen, her mother lives in Grub street. MARY BARRY sworn. - The girl at the bar was not my servant; I had never seen her in my house. Prisoner's defence. A servant that lived at Mr. Barry's about a twelvemonth ago, sent me for those things, and said she would pay for them; the servant's name was Mary, she was some relation to Mrs. Barry. Court. (To Mrs. Barry.) Q. Did the servant live with you? - A. There was a servant that lived with me, that knew this girl, and, I suppose, she, knowing this girl, had sent her. NOT GUILTY . Tried by the London Jury, before Mr. Justice GROSE. 402. WILLIAM CRISWELL was indicted for feloniously stealing, on the 13th of May , two hams of twenty-six pounds weight, value 18s. the property of William Bailey . WILLIAM BAILEY sworn. - I live in Baker-street, Enfield : I can only speak to the property. ROBERT SIMS sworn. - The prisoner came to my house on the 14th of May, and brought me four hams; I live at the Waggon and Horses, at Tottenham, about four miles from Edmonton; two I bought of him. Bailey. I lost two hams about the 12th or 13th of May, they were not lost from my house I had sent them to Mr. Crossley's. - CROSSLEY sworn. - I received two hams from Mr. Bailey, about the 11th of May, as nigh as I can goes, to be dried; I missed them on Sunday the 13th, I had seen them on the Saturday. Q. Did you trace them at all? - A. No. Q. Should you know them again? - A. No, I should not; they were taken out of the bake-house. Bailey. I have no doubt this is my ham, it is marked with a B. JONATHAN TROTT sworn. - I am a constable: I had an order to apprehend the man; and as I was returning from town I heard that he was in Hertford-jail, and the Magistrate sent me down to lodge a detainer against him. JOHN CROSSLEY sworn. - I met the prisoner coming over the fields near Endfield, on the 14th of May, he had four hams; he asked me if I would take a walk with him as far as Tottenham; and I said, yes; and there he sold them. Q. Do you know where he got them from? - A. No. Prisoner. That is the man that stole the hams, and got me to sell them for him, and he was sent to prison for it. Court. Were not you charged with stealing these hams? - A. Never. Q. Were not you taken up for it? - A. No; I was taken up because I was drinking with him at Tottenham. Q. Who carried the hams? - A. He carried them. Q. All? - A. Yes. Prisoner. We carried two a-piece. Q. (To Sims.) Was this man with the prisoner when he came to your house? - A. Yes. Q. Who had the money? - A. The prisoner. GUILTY (Aged 24.) Confined six months in the House of Correction , and fined 1s. Tried by the first Middlesex Jury, before Mr. Justice GROSE. 403. JOANNA BUTLER was indicted for feloniously stealing, on the 27th of May , a quilted petticoat, value 8s. the property of John Carver , privately in his shop . WILLIAM KING sworn. - I live with Mr. Carver, a silk-mercer , No. 34, Oxford-street : About eight o'clock last Saturday evening, the 27th of May, the prisoner came into the shop to look at some black quilted coats, I shewed her four, which she objected to; I then shewed her two more, she pitched upon one, and a lady came in in a great hurry, I went backwards to serve her, I was not above ten minutes; I came back to this woman, and missed one of the petticoats, I saw part of the grey lining of the coat under her cloak, and then I took it from her as she was going away out at the door, (produces it); I have had it ever since. Q. Is there any mark upon the coat? - A. No. Q. Can you swear then that it was the property of your master? - A. Yes; I know it by the quality. Prisoner's defence. It had fell off the counter, and as I was taking it up he took it from me, and said, was I shop-lifting? Jury. Did any body see you take it from her? - A. No; we sent for an officer, and she was taken to Bow-street. The Prisoner called Ann Roberts , who had known her three years, and gave her a good character. NOT GUILTY . Tried by the first Middlesex Jury, before Mr. Baron PERRYN. 403. THOMAS PRICKETT was indicted for feloniously stealing, on the 30th of May , a silk handkerchief, value 10d. the property of Robert Maclaurin . ROBERT MACLAURIN sworn. - I am a mariner ; I had my pocket picked, in Cheapside , a little before I came to Friday-street; I was walking with a young lady, the prisoner came behind me, and I felt something go out of my left pocket; I was a little surprised, and a gentleman behind me said, he has done you, he has got your handkerchief, upon that I immediately seized the prisoner, and caught my handkerchief in his jacket pocket; we had some struggle, he would not part with the handkerchief, and I did not chuse to lose it; I called the watch, and the watch took us to the watch-house, where I gave charge of him; I never quitted the handkerchief till it was taken from him, and laid upon the table in the watch-house; the prisoner asked, if I had any marks to my handkerchief, I said it was a silk handkerchief, that I knew very well, I knew it immediately; I had no particular mark upon it, any farther than it is a spotted silk handkerchief of the same colour, and answering exactly the same description as that which I lost; I had pulled it out of my pocket in St. Paul's Churchyard to blow my nose upon, the handkerchief was left with the constable. Prisoner. He was walking with a mere common prostitute in the street, he told me so in the watch house. Prosecutor. To take off that aspersion, it was a lady of a very different description. - sworn. - I am in the tea trade; I saw the prisoner take the handkerchief out of the gentleman's pocket, on Tuesday evening last, about eleven o'clock; the gentleman missed it, and I said, he has done you, he had got your handkerchief, he immediately collared the prisoner, and charged him with it, and he found the handkerchief in his jacket pocket, he would not give up the handkerchief till he was taken to the watch-house. WILLIAM SIMMONS sworn. - I am a constable; when I went into the watch-house, I saw the prisoner, the prosecutor, and the witness; the prosecutor, I think it was, put down a handkerchief upon the table, which I have, (produces it); the prisoner said, upon my word, sir, it is not your handkerchief, I brought it from Madras with me, I have had it two years, pray do examine it, says he, the gentleman says there is no mark upon it, and he said, the gentleman said his was a whole handkerchief, and that this had got holes in it that were wore with his beard, it is not a whole handkerchief, it has some holes in the middle of it. Q. (To Maclaurin). Do you recollect whether your's had any holes in it or not? - A. No; my handkerchief was whole, the holes, I am persuaded, happened in the scuffle, for he would not part with it till we got to the watch-house; he pulled extremely hard, there was a scuffle all the way to the watch-house; I think it was torn in the scuffle on purpose that I might not know it again. Prisoner's defence. This gentleman came up to me, and said, I believe you have got my handkerchief, I said, no, sir, I have not; I replied, I had not got but one, and that was in my jacket pocket, and he said, that was his; I would not part with it, nor he would not part with it; he said, his handkerchief was a whole handkerchief, I told him that handkerchief had got holes in it, worn by my beard, it was my own handkerchief. GUILTY . (Aged 29.) Transported for seven years . Tried by the London Jury, before Mr. RECORDER. 404. THOMAS SHIRLEY was indicted for feloniously stealing, on the 27th of April , a leather trunk, value 20s. two muslin gowns, value 20s. six pair of silk stockings, value 40s. and a cotton gown, value 10s. the property of John Watkins . (The case was opened by Mr. Const.) JOHN SPENCER sworn. - Examined by Mr. Const. On the 27th of April, I was returning to town in a chaise, with Mrs. Watkins, and Mrs. Spencer. Q. Mrs. Watkins, I believe, parted from you? - A. At the corner of a street, in Oxford-road, Mrs. Watkins left us, and got into a Hackney-coach to go to her own house. Q. After she was gone, did you observe any thing particular about your carriage? - A. Not till we got into Hanover-square ; I looked through the glass, and observed a man behind the chaise, lifting a portmanteau from the board behind the carriage; I looked out at the chaise window, and called, stop that man; at that moment be dropped it, I immediately went and secured the trunk, the man got off. Cross-examined by Mr. Alley. Q. How did it happen, that Mrs. Watkins's portmanteau was behind your chaise? - A. In consequence of its being very dirty, the trunk was very wet, and rather than incommode her with it, we were to take it to our house, and she was to send for it the next morning. Q. What time was it? - A. Between eight and nine in the evening, it was dark. Q. I take it for granted you could not see what was doing behind the chaise? - A. Yes; I mean to swear that I saw the trunk in the man's arms, it was fastened by myself, in Yorkshire, with leather and cords both. Q. Whether or not, in consequence of your having travelled a considerable length of way, you are able to say whether the trunk was fast when you came into town? - A. No; but at Barnet I saw it fastened. Q. Do you mean to undertake to swear, that when you arrived in town, the trunk was fastened or loose? - A. At Barnet, I saw it fast. Court. Q. Did you see it behind the chaise in London, when you looked back? - A. Yes, I did. Mr. Const. Q. Was that the same trunk that you saw fastened at Barnet? - A. It was; the straps were cut asunder, I saw them this morning. WILLIAM EAMES sworn. - I am a coachman, I live with Mr. Blair: On the 27th of April, I was coming up Argyle-street, into Oxford-road, and this gentleman's carriage was stopping to put a lady into a Hackney-coach; I saw two men follow the carriage, I did not like the look of them, and I, out of curiosity, followed them, and saw the prisoner at the bar take a trunk from behind the carriage, I ran after him and stopped him, he had dropped the trunk. Cross-examined by Mr. Alley. Q. It was dark at that time? - A. Yes. Q. How near were you to these men, when you saw them in Argyle-street? - A. About ten yards from them. Q. And do you think they must not have observed you watching them? - A. They might, if they had not had another object in view. Q. If you suspected them, why did you not stop them before the trunk was stole? - A. I had no right to stop them before. Q. How many yards did the man get before you stopped him? - A. About thirty yards. JANE WATKINS sworn. - Examined by Mr. Const. I am the wife of John Watkins . (The trunk produced. Q. (To Spencer). Is that the same trunk that was behind your carriage? - A. Yes, it is the same.(The property was desposed to by Mrs. Watkins.) The prisoner left his defence to his Counsel, and called four witnesses, who gave him a good character. GUILTY (Aged 16). Transported for seven years . Tried by the first Middlesex Jury, before Mr. Baron PERRYN. 405. EDWARD WORSTER was indicted for feloniously stealing, on the 13th of May , eight trusses of hay, value 7s. 6d. the property of Richard Friday . (The case was opened by Mr. Alley). RICHARD FRIDAY sworn. - Examined by Mr. Alley. I am a corn and coal dealer at Isleworth ; I bought about four loads of hay of Mr. Groom, at Hounslow, about two months ago, and, on the 12th of May, I sent my servant for it, his name is James Hoffey ; the hay was brought home, and six or seven trusses unloaded into the loft; I suspected my servant from some information that I received; I went to the Magistrate, and while I was gone, the prisoner ran away. WILLIAM BUTLER sworn. - I live at Heston, near Hounslow; this day three weeks, I had some business at Teddington; I went along with a friend of mine in his chaise; I do not know any thing of the hay. JOHN WEST sworn. - The prisoner came to my master's, and said he had got three trusses, and that that belonged to Mr. Friday's man. Court. (To Prosecutor. Q. Did you miss any hay at all? - A. No. NOT GUILTY . Tried by the first Middlesex Jury, before Mr. RECORDER. 406. ELIZABETH ROBBINS was indicted for feloniously stealing, on the 9th of May , four silver tea spoons, value 10s. 6d. the property of George Hamilton . GEORGE HAMILTON sworn. - The prisoner is a lodger in the same house where I lodge, No. 2, Playhouse-yard, Water-lane, Blackfriars : On the 9th of May, when I came home to breakfast, I saw the spoons. and in the afternoon, at tea, I missed four tea spoons; I went round to several pawnbrokers, and found them at Mr. Parker's in Fleet- street; I know them to be mine, by the cypher G.M.H. my wife's name is Mary, I had had them about seven years. Cross-examined by Mr. Knowlys. Q. There are other lodgers in the house besides this woman and you? - A. Yes; there are two families, and one single man. Q. This woman has a husband living in the house? - A. Yes. - SMITH sworn. - I am a pawnbroker, servant to Mr. Parker, in Fleet-street (producing four silver tea spoons); they were pledged with me on the 9th of May, in the name of Mary Hemming , which answers the cyphers on the spoons; they were pledged by the prisoner at the bar. Q. Had you ever seen her person before? - A. Not that I recollect. Q. Are you perfectly sure she is the woman? - A. Yes. Q. What did you give her on the spoons? - A. Halt-a-guinea, I have kept them ever since. Cross-examined by Mr. Knowlys. Q. You say you never saw this woman before? - A. I do not recollect that I did. Q. You mean to say, you were certain before the Magistrate, that she was the woman? - A. I am perfectly satisfied in my mind, but I will not positively swear to her. Q. I believe you said, the woman who came was in a white bed-gown? - A. I did not say positively she was in a white bed-gown; I said she was in a bed-gown. Q. You will swear that you did not say she had a white bed-gown? - A. I did not positively say she had a white bed gown on. Q. Did not you say you believed she had a white bed-gown on? - A. I did. Q. Did not you go farther and say that she had? - A. No. Q. You would not swear to her, thought you were satisfied in your mind? - A. No. Q. And were not you sworn to speak the truth, and the whole truth? - A. Yes. Q. And you said you could not swear positively to her? - A. Yes. Q. And now you say you can swear positively to her? - A. No, I do not. NOT GUILTY . Tried by the London Jury, before Mr. RECORDER. 407. JOSEPH WHEELER and WILLIAM WHEELER were indicted for unlawfully receiving stolen goods, knowing them to be stolen . (The indictment stated by the Mr. Raine, and the case by Mr. Knapp). MICHAEL GARNSWAITHE sworn. - Examined by Mr. Raine. - I am foreman to Mr. White, timber-merchant; he has got a timber-yard at Millbank, and another at Whitehall; his timber generally lies at Millbank, when it is imported. Q. Previous to this transaction, had you any quantity of Dantzick timber at your yard? - A. Yes. Q. What is the nature of Dantzick timber? - A. It is larger than Memel or Riga timber. On Wednesday, the 1st of March, in the evening, I secured all the timber at Mill-bank, and the piece that was stole, particularly, because being broke loose by grounding upon the bank, I had the piece particularly to make fast the night before: On the 2d of March, a little after six in the morning, I was informed it was gone; I examined the place, and found the rope that had fastened it, cut, and the headfast likewise, this satisfied me that it must have been taken away with intention of stealing it; about two yards of the headfast was taken along with it, I have the remains of it, (produces it): it is cut, I searched, but could not find it any where in the river; we then had it advertised, and on Saturday morning, the 4th of March, I made search again, and I came to Lowndes and West's coal-wharf, by White-friars dock, and in consequence of information I got from the coal porters, I was directed to Mr. Wheeler's premises; when I came there, I found a piece of timber, which I had every reason to believe was the one I was looking after; I enquired of the sawyers where it came from. Q. What are the defendants? - A. Master carpenters, I understand. Q. Whereabout upon their premises did you find it? - A. In the saw-pit, one part of it was cutting. Q. Where are their premises? - A. In Hancock-yard, White-frairs , at the bottom of Water-lane. Q. Does the water come up there? - A. Very near it. Court. Q. Does the tide flow up there? - A. Within a very little distance of it. Mr. Raine. Q. That is in London? - A. Yes; the tide flows up by Mrs. Sargeant's premises, where there is a dock for landing goods, and these premises are not above fifty or sixty yards from it. Q. Describe this timber? - A. It was cross-cut in two pieces; one piece was cutting, and the other was lying by the side of it, in the house where the saw-pit is. Q. Was it marked before it was stolen? - A. Yes; C.W. near the contents, and C.W. at the end of it, and a P. which is the mark put on by the measures, to distinguish the ship it came from. Q. Did you observe these marks when you saw them at Wheeler's? - A. No; they were cut out with an adze or axe, or something of that sort, and the places where the marks had been, were daubed over with mud, so that it might not be discovered that there had been marks upon it; when I came to look at it, there was a part of the letter C still remaining. Q. Did it appear to you that this adze or axe had been applied to these parts of the timber where the letters had been? - A. It did evidently. Q. And that the letter part of the timber had been daubed with mud? - A. Yes; it appeared wet as if it was just done. Q. Was the mud fresh mud? - A. Yes; and the ends where it was cross-cut, was mudded over, that it might not appear to be fresh cross-cut. Q. You observed the timber particularly, at Wheeler's? - A. Yes. Q. Have you any doubt that was the timber stole from your master's premises? - A. Not the least. Q. Had you any conversation with the defendant? - A. No particular conversation; Mr. Maton had. Court. Q. What was the length of this timber? - A. Fifty feet three inches. Jury. Q. Is Mr. White the only importer of Dantzick timber? - A. No, I believe not; but Mr. White was the only person that had timber above Westminster-bridge at that time; one piece as thirty feet two inches, and the other is twenty feet one inch. Court. Q. Are there no timber merchants above Westminster bridge, that deal in Dantzick timber? - A. No. Mr. Raine. Q. Do you happen to know for what particular purpose this timber was imported, by Mr. White? - A. Yes; for the East-India Company's warehouses. Court. Q. Any person that had large buildings to erect, would require large timber as well as the East-India Company? - A. Yes; but very few buildings would require such large timber. Cross-examined by Mr. Knowlys. Q. Are you quite sure this is Mr. White's timber? - A. I have no doubt of it. Q. What part of the mark is remaining? - A. There is a part of the C. Q. Now might not that be a part of an O? - A. I do not think it could have been an O. Q. Upon your oath, is that part of the C as you call it, that is now remaining, such as may not have constituted a part of an O? - A. That I leave to the Gentleman of the Jury. Q. But you can tell us? - A. I believe not. (Produces a piece of timber with a similar mark upon it). Q. Now will you tell me, from that very letter, that any one part of it may not constitute a part of an O? - (Hesitates). Jury. Q. Do you mean to say you always mark it in the precise way you have marked it here? - A. Nearly. Mr. Knowlys. Q. Then tell the Gentlemen of the Jury, whether there is any part of that that might not have constituted part of an O? - A. I do not think it could. Q. Do you mean to swear that upon your oath? - A. There is nothing that has any connection with any other letter, and it has not been chopped above the top of it. Q. Upon what part of the timber is it that this part of the C remains? - A. At the end where the rope was made fast. Q. These premises of Mr. Wheeler's, are carpenter's premises, I believe? - A. I believe they are. Q. I see with what complexion you come, have you any doubt that they are? - A. No; I have not a doubt. Q. Was this remaining open to inspection? - A. Yes; because the men could not work without light. Q. It was not stowed away into any warehouse? - A. There was not time for it, it might have been consumed in another day. Q. Do you mean to say that it might not have been slowed away between the Thursday and the Saturday? - A. No; there was an opportunity of shutting the doors, but the men could not work without light; there is the country mark remaining upon it. Q. That is common to all Dantzick timber? - A. Yes. Court. Q. Is it the W which is chipped away? - A. Yes, and the under part of the C. Q. How near is the W chopped away from the C? - A. I have not exactly measured. Q. Is there any space between this which you suppose to be a C, and the W, which remains unchopped? - A. No. Q. Whereabout is it marked? - A. Near the contents. Q. When it comes into the river, it is given to the person who tows it, and he puts his mark to it, and the mark of the ship, which was P. the contents are marked ten or fifteen see: from the end. Q. Is this mark near the contents to be seen that it is cut out? - A. It is. Q. What was the contents of the timber? - A. It was one hundred and ten feet, that is cut out likewise. THOMAS MASON sworn. - Examined by Mr. Knapp. Q. You are chief clerk to Mr. White? - A. Yes. Q. Who is in partnership with him? - A. Mr. Donald Campbell; the executors of Mr. Campbell have still an interest in the business. (Mr. John Humpbries proved the executors' names.) Q. (To Mason.) Had you any Dantzick timber on your whars on the 1st of March? - A. We had in the river, fastened to some trees. Q. Do you recollect the particular dimensions of that timber? - A. Yes; I have measured it since I found it: the dimensions are fifty feet three inches, eighteen and a quarter by seventeen three eights. Jury. Q. What is the scantling? - A. Eighteen and a quarter by seventeen three eights, but the odd inches are never taken in; I found the contents one hundred and ten feet, two inches, nine twelfths, which corresponded with the piece lost, and the piece that was advertised on the 2d of March. Mr. Knapp. Q. For what purpose was this timber meant to be used? - A. For the East-India-warehouses; in fact, it was already sold to Richard Holland , Esq. Q. Those warehouses require large timber? - A. Yes; it will not do less than from sixteen to eighteen inches square; it was designed for girders. Q. On the evening of the 2d of March, had you seen this timber fastened in the way that has been described? - A. I did not. Q. The next day, in consequence of any information you received from Garnswaithe, did you go any where? - A. Yes, to Mr. Wheeler's saw-pit, in Hancock-yard, White-friars, that was on the Saturday in the forenoon; I saw one Diamond, a sawyer, there. Q. Did you understand who Diamond was? - A. Yes; I took his address, and his name, from himself, because I believed him to be the thief; he was a sawyer employed by the Wheelers, and has been generally employed by them. Q. Did you see the timber there, according to your judgement, that you had lost? - A. I think it necessary to describe the saw-pit: it has the appearance of being originally a coach-house, inclosed by a wall on each side, and the front by doors, so that the doors were obliged to be open that the sawyers might see to cut it; I examined the timber very particularly, and I found the marks had been chopped out almost entirely, and that they had very carefully daubed it over with mud; and I am sure of it for this reason, that I washed one part of it off, and then it appeared to have been done very lately; where it had been crossed by the saw it was very carefully robbed over with mud, but not so very carefully but I could distinguish the glimpse of the fresh cross cut; I then proceeded to Mr. Wheeler's, in consequence of information I had received from Diamond, and I found Mr. Joseph Wheeler; I told him that I came up in consequence of a piece of timber being in his saw-pit, and I insisted upon seeing a bill of parcels where he got it from; he said, he did not know he had such a piece of timber; I told him it was very extraordinary he should have so large a piece of timber upon his premises and not know it; and, moreover, when the men who were cutting it said, it was by his order that they were cutting it for arris-rails, for fencing, which was very improper to cut such a piece of Dantzick timber for arris-railing; he made answer, upon recollection, that he had been speaking to a Mr. Smithwaite about some timber, and he said, perhaps it might become from him, who, by-the-by, had been a timber-merchant of a few months; nothing more passed between Mr. Wheeler and I, but knowing Mr. Smithwaite, I went to him within a few hours. Q. How were they cutting it when you saw them? - A. They were cutting it into planks for arris-railing. Q. Was this timber a proper thing for that sort of railing? - A. No; in the first place, it costs a great deal more money; and in the next place, there is more sawing in it, which greatly adds to the expence. Q. Had you any other conversation with Joseph Wheeler at that time? - A. No. Q. Did you see the other defendant, Wheeler? - A. No. Q. When did you ever see the other Wheeler? - A. Not till he was taken up to Marlborough-street. Q. Have you any doubt that that was the timber that belonged to Mr. White, that was fastened to the trees? - A. The greatest reason that strikes me is, that there is the appearance of a C. which C. I believe, I made with my own hands, and for a very particular reason. Jury. Q. Is Dantzick timber fastened to the pales by a staple, or by the timber itself, like Memel? - A. With a staple. Mr. Knapp. Q. Had you a bill of parcels with this timber? - A. Yes. Q. Have you examined your account of the dimensions with the bill of parcels? - A. Yes. Q. Does it correspond? - A. It does, within two inches and nine twelfths; I made that mark myself, for a particular reason; it did not correspond with the sample that we intended, and being frosty weather I did not mark it near the contents as usual, but near the end as a private mark, in case it should go adrift, that I should be able to identify it, which is a very unusual thing to do, I marked it within a foot. Court. Q. Whenever you measure your timber you mark the contents? - A. It is always marked by the measurer employed by Government. Q. How far from the end does he mark it? - A. From ten to twenty feet; there is no exact rule for that. Q. Can you, from the spot where the contents were placed, judge what was the size of the timber from the mark of the name? - A. I cannot. Cross-examined by Mr. Gurney. Q. How far off the end was the mark of C.W. which you put? - A. About two feet, to the extreme of the C. Q. You went from the saw-pit to Mr. Wheeler's house? - A. Yes. Q. Where is Mr. Wheeler's house? - A. No. 3, Water-lane. Q. How far is that from the saw-pit? - A. Two or three hundred yards. Q. Perfectly out of sight, I take it for granted? - A. It is. THOMAS MILES sworn. - Examined by Mr. Raine. I was a coal-porter to Messrs. West and Lowndes, at that time, in White-sriars, their wharf and dock joins together. Q. How far is their wharf and dock from Mr. Wheeler's premises? - A. It may be two hundred yards from the saw-pit. Q. Do you remember seeing any thing near your master's premises on Thursday the 2d of March? - A. I saw a large piece of timber lying on the mud near Messrs. Lowndes and West's barge, for four or five hours; and I saw the same piece of timber on the 3d of March, Friday, on Mrs. Sargeant's wharf. Q. Did you take any particular notice of the timber? - A. I took notice on Thursday morning between seven and eight o'clock, that there was a mark of C.W. it laid the mark-side upward on the mud. Q. Did you notice the size of the timber particularly? - A. I did not notice the length of it, I took an observation that it was a very large piece of timber; I saw that it was the same that I saw on the wharf, I helped to take it home; I saw it at Mr. Wheeler's saw-pit. Q. Can you undertake to say it is the same that you saw on the mud, and on Mrs. Sarjeant's wharf? - A. I can undertake to say it is the same. Court. Q. You saw it afterwards upon the sawpit? - A. Yes; it was sawed through, and the shortest piece was sawed into four parts; it was on Saturday the 4th of March, it was in two lengths, and in five pieces, the shortest was in four pieces. EDWARD MOORE sworn. - Examined by Mr. Knapp. I am a waterman: On Thursday the 2d of March, a man, that I suppose to be Joe Diamond, I do not know him, came down in great hastle, and looked at Whitehall-gates; he said, he was looking for some timber that was adrist; and I went over Mr. Phillips's craft to get to my boat; says he, it must have drove by, I saw it myself, says he, go through Westminster-bridge, and lay athwart the bridge. Court. Q. Did you two it away? - A. Yes. Mr. Knapp. Q. Do you recollect that piece of timber? - A. Yes; that is it at the door, there was a mark of a P. upon it. Q. Was there any rope to it? - A. There was a piece of rope that had been cut. Q. Was the rope near where you discovered the mark of the P.? - A. I cannot recollect now, I think it was though; I towed it to Mrs. Sargeant's wharf; the timber had got soul, and I struck my hitcher into it, and broke out some of the sap; and it has got the mark of my hitcher upon it now. ELIZABETH SARGEANT sworn. - Examined by Mr. Raine. Q. Where is your dock? - A. Sixty or seventy yards from Mr. Wheeler's premises. Q. Do you remember, on the evening of the 2d of March, observing any timber upon your dock? - A. I went out to give some orders to some workman, and I saw Mr. Wheeler's lawyers busy, with some timber, bringing it under our crane. Q. Who were they? - A. Joseph Diamond , and Daniel Luff , they were preparing to crane it; they landed it upon our wharf and took it away to Hancock-yard. Q. Who was present when it was taken away? - A. William Wheeler ; I went in the evening to Mr. Joseph Wheeler, and informed him that a piece of timber lay there, as I understood, belonging to him, very inconvenient to our business, and he promised me the men should take it away the next morning, and accordingly they did take it away. Q. Who paid you for its lying upon your wharf? - A. He was a customer of our's; I took in a bill to him with other things, he refused to pay me, he said, he had nothing to do with the timber, that he had no right to pay it, he did not mind about making me a present of it, but he had nothing to do with it. Q. Before or after he was apprehended? - A. After. Cross-examined by Mr. Knowlys. Q. He did not go down and see the timber? - A. No. Q. Have you known the Wheelers a long time? - A. Seven years myself; he has been a customer to Mr. Sargeant, 15 years. Q. Is there any man in the neighbourhood that bears a better character? - A. I never heard any thing to the contrary; he was a very good customer, and very punctual in his payments, he bears a very good character. CLARE WILKINS sworn. - I am a journeyman carpenter; I was desired to assist Diamond and Luff, the sawyers, in craning some timber, which I did, and we laid it upon the wharf. Q. What did you do with it after? - A. Left it there all that night; the next morning they cut it across upon the wharf, I assisted them in doing it. Q. Did you take any particular notice of the timber at the time you were cross-cutting it? - A. I did not; after we had cross-cut it we took it into Mr. Wheeler's saw-pit, there was young Mr. Wheeler there. Q. Did young Wheeler assist in cross-cutting it? - A. No. Q. Was he standing by? - A. Yes. Q. Did he give you any orders where to take it to? - A. No, he did not; he went with us. Q. Did you see old Wheeler there? - A. I never saw him from the Wednesday before, till the Saturday afternoon following. Q. Have you seen the timber since? - A. Yes. Q. Have you sufficient knowledge of the timber you have seen since, to know, or believe that it is the same timber which you saw there? - A. Yes. Cross-examined by Mr. Gurney. Q. A little time before this, you were rather slack of work, I believe? - A. Yes. Q. Did you make any complaint either to Mr. Joseph Wheeler, or Mr. William Wheeler, that you were slack of work? - A. Yes; and they both told me there was some timber ordered from Mr. Smithwaite, about a week or a fortnight before, and we thought it was the timber Mr. Wheeler had ordered. Q. With respect to young Mr. Wheeler, he is employed, we understand, in keeping his father's books? - A. Yes. Q. His general employment is not to work in the yard? - A. He is a young man that never will, without his father is there; he comes in the morning to see if the men are at work, and goes home again; on Thursday, I believe he and his son were both at a burial at Tottenham. Q. Do not those sawyers sometimes work for other persons? - A. Yes. Q. These sawyers had sometimes timber and deals to cut for other people at your saw-pit? - A. Yes. Q. On Monday, Tuesday, and Wednesday, where was Mr. Wheeler? - A. In Bedfordshire. Court. Q. What time was it he went out of town? - A. On Monday the 5th. Mr. Gurney. Q. Was it the Monday before this Thursday? - A. The Saturday night before, he told me he was going. WILLIAM COLE sworn. - Examined by Mr. Raine. I am a journeyman carpenter; I was with the last witness, on Thursday the 2d of March, at Mrs. Sergeant's dock, preparing the crane; the sawyers came and told us there was a piece of timber came in for Mr. Wheeler; I do not know any more of it than the last witness, only a piece that had broke off by the hook; after we had landed it, in turning it over from the crane out of the way of the waggon. Cross-examined by Mr. Knowlys. Q. Did young Wheeler ever give any orders? - A. No; he only confines himself to the books, he comes every morning to see that we are at work, and takes care of the books. Q. Do you know if any pains has been taken by Mr. Wheeler, to apprehend Diamond? - A. I believe there has, he has been out of the way. DANIEL LUFF sworn. - Examined by Mr. Knapp. I have been employed by Mr. Wheeler near eighteen months. Q. Do you know whether the two Wheelers are in partnership together or not? - A. I believe not. Q. Young Wheeler keeps the books? - A. Yes; on Thursday the 2d of March, in the evening, I saw a large piece of Dantzick timber. Q. Does your master deal often in Dantzick timber? - A. Not so much as in Memel. Q. Did you ever see so large a piece of timber on your master's premises before? - A. No. Q. Did you see young Wheeler in the yard? - A. Yes. Q. Did you and Diamond work for Mr. Wheeler ever? - A. Yes; we worked together for Mr. Wheeler a twelvemonth and upwards. Q. Do you remember seeing any mud at the end of this timber after it was cross cut? - A. I saw it so at the pit, but I left it clean. Q. Who paid you for cross cutting it? - A. I never received any thing for it. Court. Q. When you saw it in the saw-pit it was soiled? - A. Yes. Court. Q. Who did that you do not know? - A. No. Cross-examined by Mr. Gurney. Q. Diamond gave you the directions? - A. Yes. Q. Young Wheeler did not give you any? - A. No. Q. He comes down merely to see that you are at work? - A. Yes. Q. Are Diamond and you both sawyers? - A. Yes. Q. Do you ever work for other people in Mr. Wheeler's saw-pit? - A. Yes; we always had liberty to cut what we liked. Court. Q. Did you ever cut a large piece of timber, like this, at his saw-pit? - A. I have cut large pieces of oak, but I never cut a large piece of fit before. Court. Q. For whom? - A. One Mr. Pitter, a carpenter, in Dorset-street, White-friars. Q. An acquaintance of Mr. Wheeler's? - A. Yes. JOHN FENNER sworn. - I am a constable: I searched Mr. Wheeler's premises, and found the timber, it is now in the yard; I went after Diamond several times, for Mr. Mason, but could not find him.(Mr. Knowlys addressed the Jury on the part of the defendants). Evidence for the Defendants.) Mr. WRIGHT sworn. - I have known Mr. Wheeler many years, he was always a very upright, honest man, he served constable in St. Bride's parish; the son is a very honest young man, I have known him seven or eight years. Mr. HERRING sworn. - Q. I believe you have the honour to be a member of the Common Council? - A. Yes; I have known him well, fifteen years; he always bore, in my own opinion, a most irreproachable character. Q. Have you been acquainted with his son? - A. I cannot say I have; I never heard any thing against him. Mr. LAME sworn. - Q. You are likewise a member of the Common Council? - A. Yes; I have known him nine or ten years; as to myself, I always thought him a very honest man, and, I believe, all the better part of the parish have had the same opinion of him, for this reason, they elected him overseer, which office he served with great credit to himself, and satisfaction to the public; I am not acquainted with the son. ONESIMUS USTONSON sworn. - I have known him ten or twelve years; he is a very worthy character, as any that lives in the parish; he was overseer last year. Q. Do you know the son? - A. I cannot say I am acquainted with the son. Mr. BARDIN sworn. - I live in Salisbury-square: I have known him near twenty years, no man in London bore a better character, in my opinion. Q. Have you likewise known the character of the son? - A. A great many years; he is a very honest, good character. Mr. HOUNSOM sworn. - I have known him ten years, he is perfectly honest; I do not know the son. Mr. DOWNER sworn. - I live in Fleet-street: I have known him ten years, I have experienced him to be a very honest man, his general character has always been so as long as I have known him. Q. Have you known the character of the son likewise? - A. I have known him the same number of years, I never heard any thing against his character; I am not so well acquainted with him as his father. Mr. ANSTEY sworn. - I am a porkman, in Fetter-lane: I was not intimate with Mr. Wheeler till last year, when I served the office of overseer with him; I have heard a great deal of his character before, I do not know any man of a better character. Q. Do you know the son? - A. Yes, I was bail for him; I believe him to be a very honest young man. Mr. WILLIAMS sworn. - Examined by Mr. Knowlys. I am vestry-clerk for this parish: I have known him near twenty years, a better character a man cannot have; I have known the son as long, I never heard any thing against him in my life. Mr. ADAMS sworn. - I am an optician, in Fleet-street: I have known him twelve years, he is as worthy and respectable a character as any that come within my knowledge; I do not know so much of the son, I never heard any thing to his prejudice; he lives in the same house with his father. Mr. CARTER sworn. - I keep the Bolt-in-tun: I have known him eight years, he bore a very good character; I have known the son as long, he is a very honest man. Mr. COPLEY sworn. - I live at No. 9, Bolt-court: I have known him for eight or ten years, I was church-warden when he was overseer; he bears an excellent character; I do not know much of the son, but I never heard any thing against him. Mr. WILDS sworn. - I am a coal-merchant, I lived ten years in the same neighbourhood: I have known him seventeen years, he is a very honest, respectable, industrious man. Mr. DANIELS sworn. - I live at the Bolt-in-tun-Inn-yard, I am a hair-dresser, I now serve the of fice of church-warden: I have known him twenty-four years, and do not know a man of a better character; the son has a good character. Mr. PARKER sworn. - I am a goldsmith, in Fleet-street: I have known him about fourteen years, no man ever bore a better character, I would trust him with untold gold; I have known his son about seven years, I never heard any thing of him but a good character. Mr. MARCH sworn. - I am a fishing-tackle-maker, in Fleet-street: I have known him ten or eleven years, he is a very honest character; I have known the son nearly the same time, I never heard any thing amiss of him. Mr. SMITHWAITE sworn. - I have known him nine or ten years, I always considered him a very honest man, and a very amiable character; I have known the son about the same number of years. Q. Are you the same Mr. Smithwaite this gentleman spoke of? - A. Yes; I believe him to be a very good character. Mr. COLEMAN sworn. - I am a painter and glazier, in Fetter lane: I have known Mr. Wheeler, the elder, about twelve years, he is a perfect good character; I have known the son several years, he is a very good character. Mr. HUDSON sworn. - I am an undertaker, in Fleet-market: I have known Mr. Wheeler about seven years, he bears a very good character; I have known the son about the same time, he bears an equal good character. Mr. HOARE sworn. - I live in Salisbury-square, Fleet-street: I have known him twenty-one or twenty-two years, he has an universal good character; I have known the son from a child, I never heard any thing against him. Mr. PITCHER sworn. - I am a carpenter: I have known Mr. Wheeler nine or ten years, he bears a very good character; I know very little of the son. Mr. YARWORTH sworn. - I live in Red-lion-court, Fleet-street, I am a plaisterer: I have known him about sixteen or seventeen years, I have always heard of him as an honest man; I have known the son some years, I never heard any thing to the contrary of his being an honest man. The Jury having retired three hours and a quarter, returned with a verdict. Joseph Wheeler GUILTY. Confined six months in Newgate , and fined 100l. William Wheeler Not GUILTY . Joseph Wheeler was recommended to mercy by the Jury . Tried by the London Jury, before Mr. COMMON SERJEANT. 408. JOSEPH CARTER was indicted for wilful and corrupt perjury . (The case was opened by Mr. Knapp.) HUGH BRATHWAITE sworn. - Examined by Mr. Knapp. Q. You are, I believe, the assigner of the bills of Middlesex? - A. I am. Q. You have an affidavit, made by the prisoner to produce, I believe? - A. Yes; (produces it); it is the original affidavit, it was made before me, he was then a prisoner in Newgate; I took that affidavit in the lodge, or lobby, of the prison of Newgate, I was sent for for that purpose; and one Thomas Hale came out with him. Q. Who was it that you swore upon that occasion? - A. It was Joseph Carter , I positively believe that is the man; and it appears to me, and I am confident of it, that I made him draw the pen across the mark a second time, he said he could not write; I filed the affidavit, and have had it in my possession ever since. Cross-examined by Mr. Raine. Q. Who read this over to him? - A. It is some time ago; but Hale read it over to him in my presence, he was an attorney, and a prisoner at that time in Newgate, but since that he has been struck off the roll; William Hale appears to be attorney to the prisoner; Thomas Hale was in prison, and in consequence of that, did not make use of his own name but William Hale . Q. Is Hale here? - A. I do not know.(Mr. Raine objected, that as Hale, who was not forthcoming, bad read it, the Court could not know that it was correctly read to the prisoner before he signed it; which was over-ruled by the Court). Mr. Knapp. Q. You were present when Hale read the affidavit? - A. Yes. Q. Had you seen the affidavit before? - A. No; it was manufactured in Newgate, he brought it out with him. Q. Did you read the affidavit? - A. I did not read it over; I asked him if he was satisfied with what Hale had read. Court. Q. Do you mean to swear positively to the person of this man? - A. It is so long ago, that I cannot; I believe he is the man. JONAS WAITE sworn. - Examined by Mr. Knapp. Q. You are a turnkey of Newgate on the debtors side? - A. Yes. Q. Were you present at the time that Mr. Brathwaite, and Hale, and the defendant, were present? - A. Yes. Q. Do you remember Mr. Brathwaite? - A. Yes, very well. Q. Do you remember for what purpose they were there? - A. I understood, to make an affidavit to arrest a gentleman of the name of Chapel. Q. Do you remember seeing Mr. Brathwaite reading the affidavit? - A. I remember Hale producing it to Mr. Brathwaite. Q. Did Hale, at that time, read over any affidavit to the defendant? - A. Certainly he did. Q. Was the prisoner at the bar the person to whom the affidavit was read over? - A. Yes. Q. Did you see the affidavit? - A. I saw it, but I did not know the particulars; I had other business to mind. Q. Did you see Mr. Brathwaite afterwards swear the defendant to it? - A. I did. Cross-examined by Mr. Raine. Q. You did not see the affidavit? - A. I saw it, but I did not take particular notice what it was. Q. Therefore, whether Hale read exactly what is contained in this affidavit or not, you cannot tell? - A. I remember clearly, that he explained particular parts of it to him. Q. But whether he read what was in the paper, or from his own imagination, you cannot tell? - A. I cannot. PETER JOHN THOMAS PEARCE sworn. - I am clerk to Mr. Wright, an attorney; Mr. Wright was the attorney concerned for the present prosecutor, Mr. Chapel; I have in my hand a copy of the record of the judgement of non-pros from the Treasury-office of the King's-Bench, it is an office copy,(produces it): I examined it in the office with the roll, it is a correct copy. Mr. Raine. Q. Who examined this with you? - A. The clerk of the office; I examined them both ways. (Mr. Raine objected, that the bond in the judgement of non-pros being for 4000l. and the bond stated in the affidavit being only for 2000l. it could not apply to the same). Court. It seems to me to be a fatal objection indeed. NOT GUILTY . Tried by the London Jury, before Mr. RECORDER. The SESSIONS being ended the COURT procceded to GIVE JUDGMENT as follows: Received sentence of Death - 14. Martin Clinch , James Mackly , John Harriman , John Baker , otherwise William Smith, John Lynson , William Mackensy , Henry Ellison , otherwise Henry Wale, Aaron Withers , George Withers , Joseph Chase , Henry Bartholomew Palmer , Maurice Standford , Saint John Clifford Jessop , otherwise John Jessop, otherwise John Saint John, otherwise Captain Harcourt, otherwise Captain Clifford, and William Bergen . Transported for seven years - 12. Edward Jarmin , Thomas Prickett , William Burke , Henry Smith , Thomas White , Richard Calcott , Mary Briant , Samuel Sams , John Boulton , Thomas Shirley , and Elizabeth Sterling . Confined one year in Newgate, and fined 1s. - 2. William Jones , and Sarah Steel . Confined one year in the House of Correction, and fined 1s. - 2. William Freeman , and John Smith . Confined six months in Newgate, and fined 1s. - 1. Martha Howell . Confined six months in the House of Correction, and fined 1s. - 7. Edward Hind , William Cox , Joseph Carr , William Regan , Richard Cotes , John Ryan , and William Criswell . Confined one month in Newgate, and during that interval, publicly whipped round Leadenhall Market - 1. Timothy Cooper .

OBP

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17950218

TAKEN IN SHORT-HAND BY MANOAH SIBLY, PROFESSOR OF SHORT-HAND, No. 35, Goswell-Street, And Published by Authority. NUMBER III. PART I. LONDON: Printed and published by HENRY FENWICK , No. 63, Snow Hill, Price TWO SHILLINGS. THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c. BEFORE the Right Honourable THOMAS SKINNER, Esq. LORD MAYOR of the City of LONDON: Sir WILLIAM HENRY ASHURST, Knt. one of the Justices of His Majesty's Court of King's Bench: Sir FRANCIS BUTLER, Bart. one of the Justices of His Majesty's Court of Common Pleas; Sir ALEXANDER THOMPSON , Knt. one of the Barons of His Majesty's Court of Exchequer: Sir JOHN WILLIAM ROSE, Knt. Serjeant at Law, Recorder of the said City; JOHN SYLVESTER , Esq. Common Serjeant of the said City, and others His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Goal Delivery of NEWGATE, holden for the said City and County of MIDDLESEX. London Jury. Junius Lindner Thomas Edgeley William Haywood Thomas Baily Thomas Lost Richard Wilson Thomas Wright William Parker John Sells Edward Bodell Thomas Wood John Mills . First Middlesex Jury. William Woolcot Richard Hughes William Macneal William Miller Thomas Phillips John Brown William Gittens John Burks Major Slingsby Thomas Briggs George Brown John Brown . Second Middlesex Jury. William Jacobs Thomas Robinson William Davis Richard Matthews John Milborne Joseph Martin Owen Cawthorne James Marriot Nicholas Tipper John Barrow John Boskill Thomas Hamson . 113. ELIZABETH WOOD was indicted for stealing, on the 19th of November , a linen sheet, value 1s. a flannel blanket, value 2s. a linen shirt, value 1s. a linen shift, value 6d. and a flannel petticoat, value 1s. the goods of William Ashwin . DOROTHY ASHWIN sworn. Q. What is your husband's name? - William Ashwin. Q. You are his wife? - Yes. Q. Was you robbed at any time, and when? - On the 19th of November I think it was. Q. Was the prisoner your servant at the time? - She was not, she came to wash a few things for me; she came about seven o'clock that day, and she went away about ten, and I missed the things when she was gone. Q. Did you miss all the articles that you put in the indictment? - No, I did not miss them altogether. Q. But they were all missing at one time or the other? - Yes. Q. Did you ever find any of them again? - Yes, she sold them to Mrs. Hall. Q. What did you find at Mrs. Hall's? did you find all the articles there? - Yes, all there but the petticoat. Mrs. Hall has got them. ANN HALL sworn. Q. What may you be? - I keep a sale shop. Q. What an old cloaths shop? - Yes, No. 18, Great White Lion-street . Q. Where does Mrs. Ashwin live? - In Mercer-street. Q. How far is your house from Mercer-street? - Not far, about the length of a small street. Q. Look at the prisoner and see if you ever see her before? - Not to my knowledge; I cannot recollect any thing of the woman. Q. What do you produce? - A sheet, shirt, and blanket; I bought these things. Q. Did you receive them from a woman or a man? - Of a woman. Q. What did you give for them? - Four shillings and ten-pence. Q. Is that the full value? - Yes, I think rather more than the value. Q. What day were they brought to you? - On Wednesday, the 19th of November, about twelve o'clock. Q. Have you kept them from that time to this? - Yes. Q. Then you don't know any thing of this woman? - No, nothing at all. Q. Have you any reason to believe that she stole them? - No, only that she owned that she was the woman, at the magistrate's. Q. Was the examination taken in writing there? - I believe so. Prosecutor. I canot swear to the sheet or blanket; I know the shirt and the shirt, I know the shirt very well by the mending of it, it was my husband's shirt, there is no name on it at all. Q. How do you know that the woman took them? - I cannot say she took them, I never see her take them. Q. Have you any other reason to suppose that she took them, than that she was in the house? - No, I have no other reason. Not GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 114. JEFFERY BROCKWELL was indicted for feloniously receiving, on the 29th of December , three bushels of coals, value 4s. of Russell and Watkins , knowing them to have been stolen . John Bee was called on his recognizance. The conviction of Russell was read, for stealing the same coals, at the last session. JOHN PRICE sworn. Q. Where do you live? - At Hoxton; I keep a coal shed there; I was to have received thirty-five sack of coals, and I received thirty-four. Q. Who did you receive them of? - Of John Bee . Q. When? - I don't know the day of the month. Q. What month was it in? - January. Q. What is Bee? - A coal merchant. Q. Did Bee deliver these coals to you himself? - Bee's man did, Russell, the man that was convicted last session. Q. Did you measure these coals to find they were short? - There were thirty-five sacks put down in the ticket, and he delivered but thirty-four. Q. Did you observe at the time that you had got one sack less than in the ticket? - Yes, John Ray came along with Russell and the waggon. Q. What was done when he delivered these thirty-four sacks? - We counted the sacks, and they went along with Russell to Bee's wharf. Q. Do you know of your own knowledge what became of the missing sack? - No. JOHN RAY sworn. I am an officer belonging to the public office, in Worship-street. On the 29th of December, I was standing by our office door, a person came up and said - Q. In consequence of any intimation, what did you do? - I see a waggon standing very high opposite to the office, within a few yards; I see Watkins take out a sack of coals out of the waggon with the assistance of Russell, and I see him take them into the house of Brockwell, the prisoner that stands at the bar. Q. Where is the prisoner's house? - It is situated in Worship-street, Moorfields. I followed him in, and just as you get into Brockwell's house, just in his room, there is a closet that is behind the door, and he takes and whips the coals out of the sack into this here closet. I was close to him almost. Q. Who was in the room at that time? - Brockwell and his wife, and another woman. I laid hold of Watkins, I says to him, you are doing something that is not right; says he, I don't know nothing at all about that. I then asked Mr. Brockwell, the prisoner at the bar, what business them coals had being brought into his house? Brockwell said, there was a woman that lived in George-street that ordered them to be brought there; and at that time he had got half a crown between his thumb and finger, and said, here take the half crown, holding the half crown out to Watkins. Q. Who did he say that to? - To Watkins. Watkins says I have nothing to do with it, Russell ordered me to bring them here, I have nothing to do with the money. I took the prisoner into custody. Q. Where was Russell at the time? - Watkins took the sack of coals out of the waggon, with the assistance of Russell; I took the ticket that I had from Watkins, and I see by the ticket that I had from Watkins, where the coals were going to; the officers took Watkins and the empty sack home to the office, and as the waggon had got the four and thirty sacks in it, I thought it not proper to take Russell into custody, and I thought it proper to go with him where the coals were going to; when we arrived at Mr. Price's house, which is situated in Gloucester-street, Hoxton; I related the circumstance to him, and the sacks were counted there, there were four and thirty, and the ticket expressed five and thirty; after the waggon was emptied, I see the team safe home to Mr. Bee's house, at Southwark, and brought Russell back to the office. Q. What had become of Brockwell all this time? - Brockwell remained at his own house, Brockwell was not taken into custody that night. Mr. Knapp. You say you are an officer of the police office, Worship-street? - Yes. Q. Brockwell lives in the same street? - He does. Q. Near the office? - Within about thirty yards. Q. You can see the house of Brockwell from the office? - Yes, every moment. Q. What time of the day was this? - In the evening, high six. Q. But however it was not so dusk or dark but what at thirty yards distance you could observe what was going on? - No, I did not see it, I went from an information that I had received. Q. It is a public thoroughfare? - It is. Q. Of course there were a great number of persons passing and repassing that time of the evening? - No, I don't know that there were. Q. Mr. Bee is not here? - No, I don't know he is. Q. Nor Mr. Metcalse? - I have never seen Mr. Metcalse. Q. What coals were put into the waggon there you don't know of your own knowledge? - I do not. Q. Nor that they belonged to Mr. Bee of your own knowledge? - I do not. Q. At the time they were brought into Brockwell's house, there were other people in the house besides Brockwell? - There was. Q. Was there any secret in conveying these coals into the house? - There was not. Q. Perhaps he see you there? - He did. Q. Perhaps he knew you was an officer? - There is no doubt of it. Q. Have you seen Mr. Bee this morning? - I have not. Q. I believe Brockwell was not taken into custody then? - He was not. Q. How long was it afterwards before Brockwell was taken into custody? - Not till the next morning. Q. He was admitted to bail? - He was. Q. He now surrenders to take histrial this morning? - Yes, there is no doubt about that. Q. And all this happened you seeing it take place in Mr. Brockwell's house? - Yes. Prisoner. I was sitting in the room, and this man came rushing in, and he says, my boy, will you buy a sack of coals for half a crown and a pot of beer? I looked up at him, and told him no, I did not want any; he said that he brought them for a woman in Shoreditch, and she was not at home, and that if I would take them it would save him the trouble of carrying them back again; he said they were very good coals; he repeated that with a loud voice, two or three times in the passage, and the door standing open; he then went out into the street, and repeated with a loud voice, the same words again; I told him I was afraid I should get myself in a hobble by buying of them; he said, there was no fear of that, they were waste boys perquisites; as for George-street it was not mentioned to me, and as for saying take the half crown, I did not; I cannot deny that I had the silver and halfpence in my hand, but I had not separated them; had I known what they had been at the time, I should not have had any thing to do with them. WILLIAM HANSHAW sworn. I am a victualler, in St. John's street, Bethnal-green. I was in Worship-street one evening about six o'clock, I cannot say how long ago, some time before Christmas; I see a coal waggon stand about twenty yards before I came to the police office, Shoreditch, Q. At whose door was it? - I don't know; I see the carman belonging to the coal waggon; curiosity led me to mark what he was about; I see him go to a door, I crossed the way in order to hear what was going forward; I heard him say to the people within doors, you may as well take them, take them, have them; the reply that was made from within, I cannot tell; he came away and went back to the same door again a second time, and was urging them as I thought, more forcibly to have them than before. Q. Did he succeed then? - No, I think he went four times before he prevailed on them to have them, and the third or fourth time, he said, you might as well have them before I go away, he even forced them on them, as I thought; when I see this I went to the police, and gave information myself, and one of the men came along with me. Q. Was the man, Ray? - I think he was; but before I went to acquaint Ray, I heard the carman say to the other man, go and undo the rope, and that made me go to the police office; when I came from the police with the officer, we walked by the waggon twice, before we see what they were doing, and there at last we see the man having the sack on his back, and going into the very same door he was speaking at before. Q. Did you see him shoot them down? - I did not. Q. Whose house was it in? - I don't know the people. Q. Do you know the prisoner at the bar? - I have seen him since, but I did not know him before. Q. That was the same house into which the coals were carried, where there had been three applications made before he would take them in? - It was so; there is one circumstance I rather forgot; he told him he had better have them, they belonged to some boy, I think he said they were boys coals. Q. Do you remember Brockwell saying any thing, or seeing him there? - I do not recollect hearing him say any thing, I see him sit in a chair. Q. Did you know Brockwell before? - No. Q. Do you know him now? - I think I should know him if I was to see him, I am not certain. The prisoner called two other witnesses, who said he was a fearlet dier, and gave him an excellant character. Jury to Price. Is there such things as waste boys coals? - There are such things. Not GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 115. JOHN GREEN , otherwise THOMAS GREEN , was indicted for feloniously stealing, on the 24th of December , five guineas ; the monies of James Malagan . ANN MALAGAN sworn. Q. What relation are you to James Malagan ? - His lawful wife. Q. Do you know of any money being lost lately? - I lost the money myself, on the 24th of December, at the Pea Hen inn ; I left my box there; I was a passenger come from Norwich in the Norwich waggon, and I left my box at the inn while I went to Chelsea; when I went to Chelsea I staid there till the middle of the day, and then I asked Mrs. Barrett, at Chelsea, to go with me to the inn for the box, and I met Mr. Green at the corner of Bishopsgate-street, I asked him if he could take a box and bundle to carry it down to Chelsea? he said he could; accordingly I went afterwards to my box at the sign of the Pea Hen, in Bishopsgate-street, to take one guinea out of the seven that I had in a box in the box, to pay the waggoner; accordingly the waggoner uncorded the box, I unlocked the box myself, and I took one guinea from seven out of this small box which I have now in my pocket, and got it changed, while I was about this, Green came in at the same time, he said, good woman, are you ready? - I said, if you please to stop two or three minutes till I get change for a guinea; accordingly he stopped, I agreed with him for eighteen-pence to carry my box to Chelsea. He came in at the time the Norwich waggoner was cording my box the second time, he see me get change for the guinea, I delivered the box to him with six guineas of gold in it, he carried it to the corner of Bishopsgate-street where his cart stood. His horse met with a misfortune and fell down and he left the box at the corner of a street, and I stood by it till he came the second time and took the box, I said, Mr. Green, will you let me ride in the cart? - No, he said, you cannot, nor you shall not; accordingly I told him to leave the box at Mrs. Anderson's, the Royal Hospital, at Chelsea, and if I was not there she would pay him for the box; and I and Mrs. Barrett went home to Chelsea; about six o'clock in the evening I went to see if my box was at Mrs. Anderson's, and I see the cart turn from the corner as I got near to Mrs. Anderson's house, I went and asked if a box was left for me? says I, Mrs. Anderson, is there a box left here for me? she said, yes, here is a box left here for you, and you are to pay me eighteen-pence; I went in and saw the box, and it was open, I had locked it when I gave it him; I said, good God! my box is broke open; Mr. Anderson said, that is the way that the man left the box, accordingly I got two men to carry the box to Mrs. Barrett's (there is two handles to my box, one at each end) where I lodge, and instantly I got in I examined my box, the first thing of course I looked to was this box where my money was lodged, and I opened the box and there was but one guinea out of six, I said, Mrs. Barrett, I am robbed of five guineas; I unsolded every thing that I had, and shaked them out, and I examined every thing very carefully and very strictly, and not a single farthing but one guinea left out of the six guineas in this box where my husband's shirt buckles and knee buckles were. Q. Did you know this man before? had you ever seen Green before? - No, I never did. Q. Because I observe you represent yourself as calling him by his name at first? - I see his name on the cart, Thomas Green, I can read and write; he keeps an errand cart. Q. Now tell me how your box was sastened? - When I gave it to him at the Pea Hen, it was safe locked and corded. Q. When you get to Chelsea what part was broke open? - Did the cord remain on it? - The cord was loose on it, and an old mattress on it that I brought from the West Indies with me; I am an old traveller. Q. When did you see the prisoner again? - In his own house, on Christmas morning; I went to him, and first of all the door was opened, and he was sitting on a chair by the fire side, I said, Mr. Green, how came my box to be broke open? says he, how do I know? says I, Mr. Green, you must know, for it was delivered safe locked and corded to you; says he, how do you know that it could not be broke open at Mrs. Anderson's; I then said to him, mind, I tell you that I come to acquaint you of what has happened with my box, I have lost five guineas out of it, and if you do not make me a restitution for my money, I certainly will go to Bow-street to-morrow morning; he said, you may go where you please, I will stand my trial for it. This happened to me on the 24th, and the 25th was Christmas Day; on the 25th I went to Bow-street. Mr. Fielding. In the first place, this man is the common carrier that drives the cart between the Pea Hen and Chelsea? - He is. Q. And he carried many other parcels in his cart besides your's? - He did. Q. You gave him direction when he carried your box, to leave it at the Royal Hospital? - I did. Q. There you found it? - I did. Q. What is your husband? - He is an invalid, at Jersey. Q. What is he? - A soldier. Q. What may you be? - I came with an intent to get my husband from garrison if I could, as there is a gentleman belonging to the regiment that is here, that would wish to get my husband from garrison in order to be a recruiting serjeant for the sencibles that are now raising. Q. How long was you to stay at Chelsea? - Till such time as I wrote a letter to my husband, and if my husband could not come from garrison I meant to go back to him. Q. What situation of life are you in? - I am nothing but a poor woman, and since this affair of the money being lost, I am living on the clothes I have. Q. What have you been doing with yourself since? - I landed from the West Indies July last; a gentleman heard of the ill situation of the Jerseys, and as such I was billetted at a very respectable house, the Magpie, at Chelsea. Q. How did you become possessed (in the situation in which you are in) of seven guineas when you set out from Norwich? - I was worth ten guineas when I set out from Norwich. Q. When you set out from Norwich, I am surprised you did not take your little stock in your pocket? - If I had thought of any casualty happening of that kind I certainly should. Q. In fact, all your stock was in that box, and you took one guinea out of it in town? - I did, I took one guinea out of seven. Q. When you was in town and had only to go to Chelsea, why did not you put it in your pocket? - I did not think of any casualty. Q. You had an opportunity of taking out your box and putting it in your pocket? - I had. Q. What time of the day was this that you saw this man at the Pea Hen, in Bishopsgate-street? - About two o'clock. Q. And what time of the day was it you found your box? - About six o'clock at night. Q. How soon was it he left Bishopsgate-street? - I cannot tell that, because as soon as he took the box from me and put it in the cart, I left the cart. Q. How long did you stay in town, before you set off yourself for Chelsea? - I set off immediately. Q. At what part of the house was it you saw the box at Mrs. Anderson's? - In the tap room. Q. Not in the bar belonging to the house? - No, in the tap room, on the first table. Q. Anderson, you say, is a brother of the person that keeps this house? - Yes. Q. Did he go with you to Green? - Yes, he did, first of all. Q. When did you first of all complain to Anderson, either to the brother or the person that keeps the house? - The very same night, at seven or eight o'clock; the next morning I went again, Saunders, the constable, was there at the same time; Mrs. Anderson said to him, this is the poor woman that has been robbed out of Green's cart. Court. Did Green see you put the money into the box after taking out the guinea? - No, he did not. Q. Had Green any opportunity of knowing whether there was any money in the box or no? - No, only if he had suspicion when I told him to wait till I got change for the guinea. Q. Had he any other things in his cart besides your box? - Yes, a great many other things. THOMAS ANDERSON sworn. I live at No. 12, Royal Hospital-row, Chelsea; my brother keeps the Royal Hospital; about six o'clock this night I see a large box in the tap room, and it was open, then I see Mr. Green at the bar door, but I did not see him bring in the box, I don't know who brought it in. Q. That was before the woman came in? - Yes, before the woman came in. Q. Who were about the house? - There were seven or eight persons in the house at the time. Q. Did you know these seven or eight persons? - There was the quarterman there, I cannot pretend to say who they were all; I was in the tap room when the woman came in for the box, she came in for the box, and my sister told her there was eighteen-pence to pay for the box, she looked at the box and said, my box is open! says I, what then? it is as it came; she asked if there was any body there that would carry it home for her? - I said, there were two young men that would carry her box, and they went off together with it, and soon after that she came back and said she had lost five guineas. Mr. Fielding. Do you know Mr. Green? - Yes, I have known him for these ten years; he bears a very good character. Q. This cart does not take passengers, but parcels? - It is an errand cart. ELIZABETH BARRETT sworn. I live at Chelsea; I went to the Pea Hen, in Bishopsgate-street, along with Mrs. Malagan, and see her deliver the box locked and corded to Mr. Green. Q. Was you at the public house when the box was brought there? - No, I was not. Prisoner. I leave it to my counsel, no farther than my cart stood in Grace-church-street instead of Bishopsgate-street. JOSEPH GREEN sworn. I am about fourteen, the brother; I went with this cart. Q. Did you see the box when it was put into the cart? - Yes. Q. Did you see it when it was delivered? - Yes, I helped it on my brother's shoulder. Q. Was it delivered just in the same way at the Royal Hospital as you took it at the Pea Hen, Bishopsgate-street? - Yes, just the same. Q. Had you stopped at any place coming home? - Yes, at a good many places, but never both of us left the cart together. Q. Did you look at the box when your brother took the box out at Chelsea, to see whether the cord was tight? - No, I did not take so much notice of it. The prisoner called two other witnesses who gave him a good character. Not GUILTY . Tried by the first Middlesex Jury before Mr. Justice BULLER. 116. THOMAS BOUNDS was indicted for feloniously stealing, on the 4th of February , a silver half pint pot, value 30s. two silver desert spoons, value 10s. a silver sugar castor, value 20s. the goods of James Bardesly , Esq . in his dwelling house . SAMUEL SMITH sworn. Q. Do you know Mr. Bardesly? - Yes, I live with him as footman. Q. What is Mr. Bardesly's christian name? - James. Q. Where does he live? - No. 5, Sussolk-street, near the Middlesex Hospital, Mary-le-bone . Q. Did he lose any property the beginning of this month? - Yes, a silver half pint, two silver desert spoons, and a large silver sugar castor. They were taken from the dining parlour, about four o'clock I had laid them there, I missed them the minute the prisoner was gone out of the house. He brought some feathers from Mr. Read, he said, in Oxford-street, for the ladies. Q. How long was he in the house? - About five minutes. I took the feathers from him, and took them up into the drawing room to the ladies, I left him in the hall at the door. Q. Was he there when you came down again? - Yes, I gave him the feathers back again, and told him it was a mistake. He went away with them; the moment I came back from him, I went into the parlour, and I see the plate were gone, I went directly to the door, and could not see him. He was found the Friday following. Q. Did you get your goods again, or any part of the things? - None at all. Q. What was the value of the silver half pint? - I cannot rightly say the value, a guinea. Q. The two silver desart spoons? - About eight shillings. Q. The silver sugar castor? - A guinea, it was a very large one. Q. Was it old or new? - Old. Q. Within what time before the prisoner came with the feathers had you seen these things in the dining room? - I had just then come out of the dining room. Q. Has Mr. Bardesly the whole house? - Yes. Prisoner. I wish to know whether he missed all the four articles at once, or only three? - First of all I only missed the two spoons and the half pint, and the time I was looking for them, my mistress missed the sugar castor. JOHN BAKER sworn. I am one of the patrol belonging to Bow-street; I live in Oxford-street; the boy, the prisoner at the bar, was brought to me in a hackney coach, on Friday, Mr. Martin, in Bryanston-street, had been robbed about June last, and he made application to me, describing the lad, and bills were given out concerning his loss, with the description of the lad, and he was apprehended. Q. Do you know any thing about this indictment of Mr. Bardesly's? - No, I know nothing about it. Q. What are those things you have got in your hand? - Feathers that were brought to me with the prisoner. - sworn. In consequence of what happened last June, with Mr. Martin, my son-in-law - Q. Do you know any thing concerning Mr. Bardesly's plate? - No, I do not at all. But about five minutes after six this lad knocked at my door, I was talking to a gentleman in my parlour, and this boy had got these very feathers, and he said, I have brought these feathers for the ladies, and she knowing this story before, from Mr. Martin, ran down stairs, and said, I have ordered no feathers, and I apprehended him. Prisoner. If I had been a person to have done such a thing as this, why did not I go to his parlour door? I did not offer to go to his parlour door. I have no witnesses. Not GUILTY . Tried by the first Middlesex Jury before Mr. Justice BULLER. 117. THOMAS BOUNDS was again indicted for feloniously stealing, on the 2d of January , four silver table spoons, value 30s. seven silver forks, value 40s. the goods of Samuel Johnson , Esq. in his dwelling house . ROSETTA KINDELL sworn. Q. Where do you live? - With Samuel Johnson , in Charlotte-street . Q. You are servant, are you? - Yes. Q. What do you know about the loss of any plate of Mrs. Johnson's? - On the 2d of February the prisoner at the bar came to Mr. Johnson's, and knocked at the door. Q. Did you go to the door? - Yes, the prisoner said he had brought some feathers for the ladies, he gave me those feathers, and while I went up to shew them to the ladies - Q. Where did you leave him when you went up stairs? - On the mat in the passage. Q. How long was you up stairs? - Not five minutes. Q. When you came down again, where was he? - The boy was gone, and the door left open. Q. Did you miss any thing? - I missed the seven forks from the side board, and four table spoons from the table. Q. Where was the side board? - In a room opposite the garden door. Q. Was the cloth laid? - Yes, for dinner. Q. How long had you seen them before the prisoner came? - I had not been in the parlour for some time, my fellow servant laid the cloth. Q. What time of the day was this? - Between three and four o'clock. Q. Did you go yourself into the parlour as soon as you came down and missed the boy? - Yes. Q. Did you see any thing of the things afterwards? - Not the forks or the spoons that were gone. Q. You brought the feathers down with you again? - Yes, I brought them down to tell him he had made a mistake, but when I came down the boy was gone. WILLIAM NORRIS sworn. I live with Mr. Johnson; I was not at home when the boy came, I came home afterwards. I laid the cloth at about half past two, in the parlour, I put eight table spoons on the table, two at each corner, I put five silver forks on the table and two butter spoons, and four silver falts and falt holders; on the side board there were seven silver forks lay all of a heap, and half a dozen desert spoons in the knife case, and one soup ladle. Q. What time was it you came home? - I believe it was near half past four. Q. What did you miss when you came home? - I missed the seven forks from the side-board, and four spoons from the table. Q. Did you see any of this plate again? - No, I have not seen it since. Q. To Rosetta Kindell . You had not been in the parlour after the cloth was laid, till the boy went away? - No. Q. Then how was you able to say that you missed these things out of the parlour? - My fellow servant told me the cloth was laid. Q. Fix as near as you can what time of the day it was? - Between three and four. Q. To Norris. What time of the day was it you went out? - About half past two as near as possible. Jury to Rosetta Kindell . Pray where does your parlour door open to? - Just by the garden door in the passage. GUILTY, Of stealing in the dwelling house to the value of 39s. (Aged 18.) Transported for seven years . Tried by the first Middlesex Jury before Mr. Baron THOMPSON. 118. THOMAS QUIGLEY , THOMAS TIPSON and THOMAS BATES were indicted for that they, on the 29th of January , in the parish of St. Luke's, a piece of false and feigned copper money did unlawfully counterfeit to the likeness of a halfpenny ; and JOB COX was indicted for unlawfully abetting, aiding and assisting in the said felony. The indictment opened by Mr. Cullen, and the case by Mr. Fielding. JOHN COOK sworn. I am an officer belonging to the public office, Shadwell. In consequence of some information, I went to a house in Twister's-alley, Bunhill-row , on the 29th of January last, in company with Mr. Aberly and some other officers belonging to Shadwell, we went to the house of Job Cox, as I understood by the information, in the cellar of that house there were the three prisoners at the bar, and a press used for coining, in the press these things for stamping the blanks, they call them cups, they are for plain halfpence. The prisoner Quigley he was sitting in a hole close to the press, the other two prisoners, Bates and Tipson, about two yards from it, a picking up the blank halfpence, and there were a number that were stamped in a bag close by the press; and by the press I found the dies for stamping these halfpence, and likewise dies for farthings; but no farthings stamped, but a number of blanks, and a tool for smoothing the edge of these plain halfpence in the same place. In the two pair of stairs room I found a cutting tool for cutting the blanks one of the sheets of copper; here is some of the remains of the copper, and the seissle, this has been sheets of copper out of which the blanks have been cut of the size of halfpence; we then secured the three prisoners, and Mr. Aberloy went and searched for Cox. Q. What were their dress? - Quigley had a coat on, the other two were in jackets; Mr. Aberley went and brought the prisoner Cox down into the cellar, I asked Mr. Aberley, what have you got the landlord of the house with you? he said, yes; the prisoner was there at the time; Cox then asked if Mr. Aberley would let him go up into his room and let him shift his clothes? he was in a jacket himself, and was all black, and had a cap on; I think he had a jacket, I am not positive. Q. Did you observe his hands? - He was very black all over; he appeared the same as the others that were then working, Mr. Aberley went up stairs with him, I remained in the cellar with the others. Jury. You did not see them at work, only sitting by the press? - I did not see them at the fly, because in coming down stairs they could very easily get from that. Q. Do the halfpence that you have there, and the die, correspond? - They do. THOMAS ABERLEY sworn. Q. You apprehended Cox? - I did, at the public house adjoining; I took him into the cellar where the other prisoners were, I said, Mr. Cox, I understand that you are the proprietor of this house; he said that the house did belong to him; upon which I told him, I was in duty bound to take him along with the other prisoners; he asked me to let him go up and change his clothes, which I did; I went up along with him, and in the closet, where he changed his clothes, there I found two dies, one for halfpence and one for farthings, and in the same room I found these blanks for farthings. Q. All this money produced, the halfpence and farthings, are they counterfeit? - They are. Prisoner Bates. I would wish to ask Mr. Cook or Mr. Aberley, what I was particularly doing? Prisoner Cox. I am a brass founder, and my shop lays at the back part of the house, and every body knows that brass founders are as dirty as chimney sweepers when they are at work. My wife dying last November, the last Christmas Tipson took the house, and was to pay me nine pounds a year out of fourteen pounds that I give for it, and I only kept the shop and was as a single man. Prisoner Bates. I went to this house. I am a cabinet maker by business; I was told that Mr. Tipson was below stairs in the kitchen, and I called in and Mr. Tipson desired me to come down stairs, I went down and I told him he owed me half a crown, and I was informed he could pay me; he said, he would pay me if I could take halfpence, and he gave me half a crown's worth of halfpence, and I told him they would be no use to me, such halfpence as them, and I was packing them up as the officers came down stairs. Prisoner Quigley. I have nothing further to say then that Mr. Tipson employed me. All four GUILTY . Imprisoned twelve months in Newgate , and fined 1s . Tried by the first Middlesex Jury before Mr. Justice ASHURST. 119. JOHN ELING was indicted for feloniously stealing, on the 16th of February , a hand saw, value 2s. the goods of James Pugh . JAMES PUGH sworn. I am a carpenter . Q. Do you know the prisoner? - No. Q. Did you lose a hand saw? - Yes, on Monday morning last, it was taken from the first floor of the Pantheon , where I was at work. Q. Had you seen it there that morning? - No, I had not been at work that morning, we had been at work on Sunday; our master told us that if we would not work on Sunday we might go about our business, and work being scarce we worked; we left work at five o'clock on Sunday evening. Q. Who told you to work on Sunday? - My master. Q. And you did not work? - Yes, I did. Q. I am sorry for it. What time did you come the next morning? - About a quarter past seven, and the hand saw was gone then. Q. Have you ever seen it since? - Yes, it was found hid under some bricklayers hair, in a vault backwards, were this labourer was employed to make mortar. Q. What reason have you to think that he took the hand saw? - Joseph Mumford see him take it and sting it down between the joists of the floor. JOSEPH MUMFORD sworn. I saw the man take the hand saw from the place where the owner left it, and he threw it through some joists among some rubbish, and while I was gone to let my shopmates know, the saw was gone from there to this vault where we found it. Prisoner. I never meddled with the saw at all; how could he swear to me when several persons were in my dress in particular? Witness. There were none there then only him. GUILTY . (Aged 20.) Publickly Whipped . Tried by the second Middlesex Jury before Mr. Justice BULLER. 120. JOHN GREGG was indicted for feloniously stealing, on the 7th of February , ten pair of cotton stockings, value 20s. the goods of Margaret Tomlinson . MARGARET TOMLINSON sworn. I live at Hungerford-street ; I keep a milliner's and haberdasher's shop . On the 7th of this month, the prisoner came into the shop and asked to look at some worsted stockings; I shewed him a parcel, he chose a pair, they came to five shillings, he asked me to shew him some white ribbed cotton. Q. Did he pay you for these first? - No, he did not; I shewed him some, and he objected to them, because they were small ribbed; he asked me to shew him some plain cotton, which I did, I shewed him two or three parcels of plain cotton, and the first parcel I shewed him he seemed to like, but he objected to the price of them; then he asked me to shew him some broad ribbed cotton; and while I stood to look for the broad ribbed cotton, I see the prisoner take these ten pair of cotton stockings off the counter; they were the parcel of the plain. Q. Were they all the stockings in that parcel? - Yes, they were. Q. Where was your face when you see him do that? - I stood sideways with my candle in my hand, and see him take up these ten pair, and he ran out of the shop as soon as I see him take hold of them; I said, you have stole my stockings; and he ran away, and I went to the door and called stop thief! then a neighbour caught him, he is here, his name is Cartwright; I have got the stockings here, a person at Mr. Cartwright's house picked them up. Q. Open them, see if they are your stockings? - Yes, they are my stockings. Q. Is there any mark on them? - No, it is not the custom of our business to mark the stockings but the paper, and he left the paper on the counter and took the stockings. Q. Were there just ten pair of stockings in that parcel? - Yes. Q. Which ten pair you see in his hand? - Yes. Q. How soon after did you see him again, after he ran away? - About six minutes. THOMAS CARTWRIGHT sworn. On the 17th of February, I heard the cry of stop thief! and I was in the counting house along with Mr. Broom, and we ran out and saw the prisoner at the bar running very fast by, he was coming as if from Craven-street. Q. Was he coming as if from Mrs. Tomlinson's shop? - Yes; when he got about twenty yards from the street, I see three gentlemen coming arm in arm, I said, stop him, he is a thief! Q. Did you see any thing of the stockings? - No, I did not know what he had done till I brought him back again, I brought him back to my door and met Mr. Higgs, the constable, and delivered him up to him; I did not know who gave the alarm till I brought him back. Q. You are perfectly sure that that is the same man as you saw running? - Yes, he never was out of my sight. BROOM sworn. I was at Mr. Cartwright's counting house, and while I was talking to him there, I heard the cry of stop thief! Mr. Cartwright went out and followed the prisoner at the bar, I went to the door, and soon after I went to the door I see something white laying by a post, I went up to them and found they were the ten pair of stockings now produced, I carried them into Mr. Cartwright's shop, but did not know who had lost them then, they then remained there till Mr. Cartwright brought the prisoner back, and then we carried the stockings and prisoner to Mrs. Tomlinson, and I kept the stockings till we went before the magistrate on Monday, when they were delivered to her. Prisoner. I was coming from Westminster, where I lodged, and coming up Scotland-yard, in Northumberland-street, there is a court, I was coming up the court I heard the halloo out of stop thief! with that I ran up Craven-street, I happened to get the first person on the top of the street, and there were three gentlemen coming towards me and they stopped me, in about two minutes up came that gentleman that told the three gentlemen to stop me, and said, he believed I was the person, and he took me into Mrs. Tomlinson's shop. GUILTY . Transported for seven years . Tried by the first Middlesex Jury before Mr. Baron THOMPSON . 121. JOHN GISSIN was indicted for feloniously stealing, on the 7th of February , a silver watch, value 30s. a steel watch chain, value 12d. a cornelian seal set in base metal, value 1d. and two metal watch keys, value 2d. the goods of William Whiting . WILLIAM WHITING sworn. Q. Did you lose a watch at any time? - Yes, on the 7th of February, out of my parlour, No. 6, Little Ayliss-street, Goodman's-fields , between twelve and one o'clock. Q. Was you there at the time? - I was not, I was out at my business, attending the East India company. Q. Have you got the watch again? - No. Q. Have you ever seen it since? - Yes. Q. Who has got it? - Barker, the pawnbroker, in Houndsditch. JOHN FRITH sworn. Q. Have you got the watch? - Yes. Q. Produce it. How did you get it? - Of that person at the bar, the 7th of February. Q. What did he bring it to you for? - To pledge. Q. Did he pledge it? - He did. Q. For how much? - For one guinea. Q. You are sure the prisoner is the person that brought it? - Yes, I am. Q. What time of the day did he bring it? - About twelve or one o'clock. Q. How soon did the prosecutor come after it? - About two o'clock. Prosecutor. This is my watch, I know it by the outside case, the name, the key, and seal, they are all my own property. Q. What time had you gone out that morning? - About nine o'clock. Q. And left the watch there? - Yes. Prisoner's Counsel. Did you always say that you was certain of the prisoner's person? - Yes, I did. Q. Did not you say before the magistrate that you could not swear to him? - I said, I would not swear to him, I did not like to affect his life. Court. But did not you know that you was to speak the whole truth? - I was not sworn when I said so. Q. Why should you wish to favour the man if he is guilty? are you sure that he is the man? - Yes, I am certain. ELIZABETH WHITING sworn. Q. You are the wife of William Whiting ? - Yes. Q. Was you at home about twelve or one o'clock, on the 7th of February? - I was, I went up stairs to make the bed, and leaving a young child in the room I shut the door, but did not lock it; I came down and missed my watch, and while I was looking for the watch Mr. Giffin, the prisoner, came in and asked me what was the matter? I told him I had missed a watch; he said, he would not give any thing for the watch, and when my husband came in and talked about going to the pawnbrokers, he said, he thought he would not get it by that means, for he dare say that they that took the watch had sold it to the jews. Q. Did the prisoner come in from the street? - He came up stairs while I was making the bed, and seeing me there, he went down again directly, and did not come in again till I had missed the watch. Q. Was he come in when you came down and missed the watch? - He was out of the house then; I had another bed to make before I went to bed. Prisoner's Counsel. There were other lodgers in the house? - There were not at that time. - SEARLE sworn. On this 7th of February the prosecutor came to me and said he had lost his watch; we went to the pawnbroker's, and the pawnbroker went with us to the prosecutor's house, and we called the young man down, and the pawnbroker said that was the man that pawned the watch, and then we had an officer, and then we went up to his room and told him he had better confess if he was guilty, and if Mr. Whiting could make it up, he would; he said, he was willing to make Mr. Whiting satisfaction, for he had pawned the watch and burned the duplicate. Prisoner. I am not given to do any such thing. The prisoner called four witnesses who said he was a shoe-maker, and gave him a good character. GUILTY. Judgment respited . Tried by the first Middlesex Jury before Mr. Justice BULLER 122. JOHN GREEN was indicted for feloniously stealing, on the 30th of January , twenty pounds weight of beef, value 6s. the goods of Joseph Shaw . JOSEPH SHAW sworn. Q. Do you know the prisoner? - Yes. Q. Did you at any time lose any beef? - Yes, on the 29th of January I lost twenty pounds; I live in Wentworth-street, Spitalfields . Q. What part of the house was it in? - About a yard and a half from the door, on the top of a block, I was cutting about three pounds of steaks from it, about six o'clock at night, and I had been taking some of the new kind of halfpence; I took them in doors to shew them my wife, and on my return I lost the beef. A boy, William Johnson , told me that he see a man take it out of the shop, I asked the lad which way he went? he told me down the street; I ran about forty yards from my own door and I could not see any thing of the prisoner, I came back and went into a public house about ten yards from my own door, and asked if any person had been in there with a piece of beef, they told me they had not seen any such person; on my returning out of the house I met William Johnson, sir, says he, here is the man with the beef at a chandler's shop; I went to the place, about ten yards from the public house, and I see the prisoner putting the beef into a scale, (one Mr. Smith keeps the chandler's shop) I goes in, and he was offering it him for sale as I was at the door, and I heard Mr. Smith say, I will have nothing at all to do with it, no, say I, the beef is mine, I said to the prisoner, my friend, I have seen you before in my shop, and I had turned him out of my shop twice before that; I laid hold of the prisoner and brought him to the justice for the good of the neighbourhood I hope. WILLIAM JOHNSON sworn. Q. Do you remember seeing the prisoner on the 29th of January? - I do. Q. How old are you? - Turned of fifteen. As I was going to ask my father to come to supper, I see this man at this butcher's door taking this piece of beef; he took it up and put it up in his black apron, and he crossed over the way to me, and said, what are you looking at? I asked him what did he think I was looking at? and he made an attempt to strike me, and then he goes down the street and went into this chandler's shop, and I ran back to this gentleman and told him that he was in a chandler's shop down the street, and he went with me and took the prisoner. Q. To Prosecutor. Did you know the piece of beef by the sight of it? - Yes, I had just been cutting some steaks off it; I am very sure it was my beef. Prisoner. I was coming along at six o'clock at night and I kicked over this piece of beef, I did not know what it was at first, it was so dark, and the first light I came to I took it in and I found it was a piece of beef, after I had been in about five minutes this man came in and said it was his beef. To Prosecutor. What is the value of that beef? - Six shillings it was valued at. GUILTY. (Aged 22.) Judgment respited . Tried by the First Middlesex Jury before Mr. Justice ASHURST. 123. ANDREW NASH , EVAN JONES , and HENRY FOLLITT were indicted for feloniously stealing, on the 22d of January , four gallons of olive oil, value 15s. the goods of Benjamin Batley . The case opened by Mr. Knowlys. WILLIAM HANSON sworn. I am an officer belonging to Whitechapel public office. On the 22d of January, Thursday, about four o'clock in the afternoon, I saw this boy, Nash, with something in a kind of nail bag that the cooper's carry their tools in, and I see Jones following at a little distance, it was in King-street, Tower-hill; I suspected something, I went up to Nash - Q. In what direction were they going? - Towards East-smithfield. I asked him what he had got there? he said he did not know; he said, the cooper was behind who would tell me, I turned round and I observed Jones run up the corner of another street as sharp as possible; as soon as I said hold of the boy there happened to be a person just by, I gave Nash in charge of him and went after Jones, I went up to him and I said, now you have got the boy into a hobble you are going to leave him; he said, what boy? I don't know of any boy; on which I said to him, come with me down to him. I brought him back to the boy, and I asked the boy if that was the man? he said it was. Q. Was that in the hearing and presence of Jones? - It was as close as they stand now. I asked him what tho boy had got? he said, it was a little dirty grease that somebody had given to him, the scrapings of some casks; I examined it but I did not know it was oil myself, it was so froze and in such a congealed state. Q. Did the boy Nash say any thing more about it? - He persisted he did not know what it was; I asked him where he had it from? he told me. Q. Did he tell you that in the hearing of Jones? - No, he did not; I took Nash with me down into Thames-street, to shew me the warehouse where he had it from. Q. What warehouse did you go to? - On Chester Key, he said, that was the warehouse. Q. Have you learned whose warehouse that is since? - I have seen Mr. Batley's clerk since that, and he says it is their warehouse. Q. Did you at any time see any of Mr. Batley's servants on that spot afterwards? Did you ever see Mr. Batley there? - No, I have not, I have seen his clerks. Q. When you went to the magistrate was any thing said either by Jones or the boy? - Jones confessed it all before the magistrate. Q. Was it taken in writing? - I believe it was. Q. Before it was taken in writing did any body tell him it would be better for him to confess? - No, there was nothing said of it in my hearing. Q. What is become of the property since? - It has been locked up in one of our places ever since. Q. It is now in a liquid state? - No, it is froze again. Q. Have you had the care of it ever since? - The property has been in my care ever since. Q. Did you take the property yourself from the prisoner? - Yes, from Nash. Q. Do you know any thing of Follitt? - I apprehended Wager, and he told of Follitt. JOHN THOMPSON sworn. Q. Are you the clerk attending a Whitechapel office? - Yes. Q. Do you know the hand writing of Mr. Davis, the magistrate? - Yes, I do. Q. Look at that. (The examination shewn him.) Is that his hand writing? - Yes. Q. Did you see that examination? - I did; I was clerk. Q. Was there any thing said to induce him to confess? - There was nothing.(The confession read of Evan Jones , signed by R. Davis.) The voluntary examination and consession of Evan Jones , charged with felony, says, "That on Thursday last, I was at work on Brewer's Key, for Mr. Batley; when I had finished my work I put my tools into my bag; about half after two o'clock in the afternoon, I was going to Mr. Batley's clerk, to settle with him for my wages, but Follitt and Wager insisted on my stopping till they had done, to lend them a hand; at last I agreed to stop and assist them for about an hour; I asked Wager who was to pay me for that work, my work being piece work? they said they would pay me; by that when I had done, I see them put some oil into a bag, and they desired me to go along with the boy to sell it; there was another man whom I don't know, said if I carried it to Petticoat-lane I should get more for it there than any where else; I accordingly followed the boy to Petticoat-lane, where I offered it to fell to two people, but they would not give me any thing for it; and I said to the boy, we will carry it back again where we had it from; and as we were carrying it back the oil began to run, and I took off my apron, and put it round it; by Rosemary-branch-alley I slipped and hurt my leg, the boy went on, the officer took the boy, and then followed and took me; I expected as much as the boy had for my trouble, but there was not any agreement made. Signed Evan Jones ." (The examination of Andrew Nash read.) The voluntary examination and consession of Andrew Nash , charged with felony."Andrew Nash says, on Thursday last, in the afternoon, I was at a fire at Chester Key, where I saw Henry Follitt , he asked me if I would carry a load? I said, yes; he then sent me down into the cellar with Evan Jones , and Evan Jones helped the oil from the cask into my bag, and Follitt sent me into Petticoat-lane with Jones, and he went into a public house, and came out again, and desired me to follow him; I followed him to a gingerbread baker's, they said they would not have any thing to do with it, for they were afraid it was not come by honestly; I did not make any agreement what I was to have, Jones said I should he paid for it. Signed, Androw Nash." GEORGE HARRY AILWYN sworn. I am clerk to Mr. Batley, he is an oil broker, I know Follitt and Jones. About four or five o'clock, on Thursday, the 22d of January, I heard of the robbery. Q. Were they on that day employed by Mr. Batley? - They were, as coopers. Q. In what place were they at work for him that day? - At Brewer's Key, and Chester's Key. Q. Did you see the witness, William Hanbury , there? - Yes. Q. Were they at work either of them, or both of them, in that part which you told him was Mr. Batley's warehouse? - Yes, they were; Jones was employed to hoop the oil casks, Follitt was employed to sill up oil; both of them about the oil business. Q. Do you know what oil it was that they were employed about? - Olive oil. JOHN NOWLAND sworn. Q. I believe you are a constable? - Yes. Q. Did you apprehend Follitt? - Yes, on the 24th of January, in the Maze, in the Borough, I received information that he was concerned in this oil, and that he had absconded from his own house. Q. When you apprehended him did he say any thing? - He said he knew nothing of the oil; I asked him the reason he kept away from his house? he said he did not keep away. Mr. Knapp. This was two days afterwards you took him? - Yes. BENJAMIN BATLEY sworn. Q. I believe you are an oil broker? - Yes. Q. Have you any partner? - None at all. Q. Do you know Jones and Follitt? - Yes. Q. They were employed by you, we understand, at the time this matter took place? - Yes. Q. Was Follitt constantly employed by you or not? - He has been constantly employed by me for four years. Q. Did you see him after the Thursday that this happened? - I did not until the Saturday. Q. Did you find him employed in your service on the Saturday? - No, I did not. Mr. Knapp. When did you go out of town? - On Thursday evening. Q. That was the very day in which you are supposed to have lost your oil? - Yes. Q. When did you return again? - On the Saturday following. Mr. Knowlys to Ailwyn. Did Follitt appear in his business after the Thursday that this happened? - He came on Friday morning and staid till breakfast time, I did not see him after. JOSEPH WAGER sworn. Q. We understand you was concerned in this very wicked piece of business. Tell us all you know about it, and about those persons that were concerned in it; and mind you speak the truth? - I was in the employment of Mr. Batley on the 22d of January; I see Henry Follitt put in some oil into some stranger's apron. Q. How could the oil stay there? - It was froze so hard it would not run through the apron. Q. Did you know any of these strangers? - No, I did not. Q. Have you seen them since? - No, I have not. Q. Is it any of the people that are here? - No. Q. Were these people present at the time? - Yes. Q. Where was it this happened? - At Chester Key. Q. On the Key? - Yes, on the open Key. On returning from this transaction, they brought a pot of oil with them back; after that Follitt put some oil into a man's ap on that was with this person, Nash, and they went away. Q. About what time of the day was it that Follitt put it into the apron of a man that came with Nash, and they went away? - About the middle of the day, I cannot say particularly when; on the return of Nash and this man, they brought a pot of purl, they said they had sold it in East Smithfield for eighteen-pence, at an iron shop; and when this Jones had done his work (he worked piece work) he said he knew two people in Petticoat-lane to fell the oil to. Q. Was Follitt by? - Yes, Follitt said he knew a place a doctor's shop, just over Tower-hill; then Follitt and Jones, and Nash got about the cask, and put some oil in a bag. Q. What oil was it? - Olive oil. Q. Where did they get this oil from? - Out of a cask that had the head out, on the Key, and then they took a jack of oil down into the cellar. Q. What do they call a jack? - A vessel that we fill up the casks with. Q. What did they do with the jack of oil? - They put it out from the jack in the cellar, into the same bag. Q. Who were present then? - There were two, Follitt I think was one, I cannot say to the other; I was not there after that; I went with a jack to fill up at a different part of the Key, at my employment. Q. Did you hear it said by any body, what was to be done with this oil that was put into the bag? - Jones was going to carry it to Petticoat-lane, to two places where he knew where to fell it at; at that night when he returned, we were to meet at the Ipswich Arms, in Lower Thames-street, these three and me, Follitt, Jones, and Nash. Q. Did you see it carried away? - I see Jones and Nash going off with it. Q. What was you to meet at the Ipswich Arms for? - For the purpose of sharing the money. We staid there an hour and half at the Ipswich Arms, me and Follitt, waiting for Jones and Nash. Q. Did they come? - No; after that me and Follitt went over the water, to Jones's house, to see whether he had not been home; he had not been home; then we went from there to a public house the corner of Bermondsey-street, the Shipwright's Arms, we did not find him. Q. How long was it before you gave this account of your share in the transaction? - How came you to tell of this matter? - I thought it was the best way to tell of it when I was taken up. Q. Then you did not make this discovery before? - No. Mr. Knapp. So you suffered your master to be plundered and robbed, and never was good enough to let your master know it till you was taken up, that is so, it is not? - Yes. Q. Now this was in the middle of the day, was it? - At the time the oil was filling up on the Key, that was all day. Q. Is there any one else works on the Key besides your master? - Other coopers do. Q. Other coopers might have been that day? - I did not observe them. Q. So these men were all day plundering your master, at different times, and you keeping it snug till you was apprehended? - Yes. Q. How long was it before you had the good luck to be taken up? - I was taken up the next day at my work. Q. Did not you tell your master, or Mr. Ailwyn? - No. Q. You was to have a slice of it, a part of the booty, and you went to Jones's house afterwards; it was very unlucky not to find him at home; so then your share, how much was it to be? - I did not know what he was going to sell it for. Q. What was you to have for your share? - An equal part. Q. It was a very unlucky thing that you did not get your share of it; and the moment you got before a magistrate, out you came with this story, and not before? - No. Q. You know you save yourself from being tried at this bar by giving your evidence? - Yes, I do. Q. You have been in custody ever since, and brought down in custody to the court? - Yes. Mr. Knowlys to Ailwyn. What quantity is there now produced? - About four gallons, it is worth four shillings and eleven pence a gallon. Q. Is that the sort of oil that Mr. Batley had the charge of? - Yes, it is. Prisoner Jones to Wager. You say I was present on the Key when that man took the oil away in his apron; I was not within a hundred yards; I was at the bottom of the key. - It is false. Q. You did not see me put the oil in the bag? - I see you put the oil in the bag. Q. He says he see me and the boy go down with the oil; I went a different way. - He was behind the boy, when the boy got to the top of the gateway he was in the middle. Q. He says, I said, I knew two people that would buy the oil, I never said such a word. - He said he knew two men in Petticoat-lane that he knew would buy the oil. Prisoner Nash. That man says, that how I took oil into the cellar, and put it into a bag, it is a false thing. Court to Wager. Do you say it is true on your oath, what you said before? - It is. Prisoner Nash. I am a hard working man, and being out of constant employ, I went down to the Key to see if I could earn a sixpence; and I walked down the Key, and was returning back again, finding no work to do, and as I was returning I see a fire; I went to the fire to warm my hands, and there Follitt asked me to carry a load, and directed me down into this cellar along with Jones, and one of them desired me to go to Petticoat-lane with it, with Jones, and when I came to Petticoat-lane, Jones sent me into a public house to call for a pint of beer; I went into the public house and called for a pint of beer, and Jones went to see if he could find this man that he was directed to with this oil, he could not, and he came back to me, and told me he would take the oil from whence it came; as I was coming back with it, one of the officers stopped me, and asked me what I had got there? I told him I did not know what it was, the man behind would tell him what it was; Jones as soon as he see I was stopped, turned round the corner, and went away from me; the officer followed him, and brought him up to me; he then denied he knew me; the officer asked me if that was the man, and I said. yes. Prisoner Jones. On Thusday, the 22d of January, I was at work for Mr. Batley, on Brewer's Key; Mr. Batley sent for me three days before to do this job, out of charity, as I had no work to do. I have got a wife and three small children. So I finished this job about half past two o'clock, and I said to Wager, I am going; says Wager, you shall not go till we are done this job, and Wager d-ned his eyes, and said, I should not stir from the place till they had done; at last I consented, and lent them a hand to fill up the oil for about an hour; this bag was filled while I was filling the cask up, and I was ordered to go with it, by Wager's orders, and I went to the man that I was directed to, and the man was not at home, and the woman would not take it in, and so I agreed to take it back again, not knowing what to do with it. Prisoner Follitt. I leave all it to my counsel. Andrew Nash , Not GUILTY . Evan Jones , GUILTY . (Aged 38.) Henry Follitt, GUILTY . (Aged 30.) Transported for seven years . Tried by the London Jury before Mr. RECORDER. 124. FRANCIS EDWARDS was indicted for feloniously stealing, on the 12th of February , one loaf of sugar, of the weight of six pounds, value 4s. three pounds weight of other sugar, value 1s. and fifteen nutmegs, value 2s. the goods of James Bennett , Capel Cure , Henry Cope , and Joseph Jellicoe . A second COUNT, laying the goods to be the property of persons, or person unknown. JOSEPH JELLICOE sworn. I live in Fenchurch-street, I am partner with James Bennett , Capel Cure, and Henry Cope . Q. What do you know respecting the loss of this sugar? - They are articles that I cannot possibly swear to, but we deal in articles of that kind; the nature of our business does not admit of saying that we have lost exactly these articles. Q. Then what is it you are enabled to say respecting this charge against the prisoner? - On Thursday night last two constables, whose names are mentioned in the indictment, (Jostling and Gardiner) came to me and said they had found - Q. They came to give you some information? - Yes. Q. Did you do any thing in consequence? - Yes, I appeared before Sir William Plomer . Q. Had they any body in custody when you see them first? - No. Q. Did you see any body before the alderman? - Yes, I saw this man, he had been my servant about two years. Q. Were there any goods then produced? - They were, some sugars of different qualities, and some nutmegs. Q. Who had these articles then? - The constable, the man who came to me. Mr. Knowlys. Is there any other persone at all interested in the share of your business besides those you mentioned? - None but myself. Court. What have you done with the articles? - I left them in the hands of the constable, I could not swear to them. PHILIP JOSTLING sworn. I am a constable belonging to the city. On Thursday night, the 6th of January, going round on my duty, between the hours of seven and eight, I was in Lad-lane, I observed the prisoner with a smock frock on in Lad-lane, I observed something to bulge out at the side under it. Q. Was he walking? - Walking; I stopped him and asked him what he had got? and he immediately took out this loaf of sugar from under his frock; I then asked him how he came by it; he said, he was a porter at Mr. Davis's and Newman's, in Fenchurch-street; I then searched him and perceived when I put my hands into his pocket; I said, my friend, I shall take you to the Castle, the corner of King-street, and search you; he said, I will go with you; he went with me very quietly, and then when we came to the Castle, I took one of these parcels of sugar from his pocket, and the other he gave me from his pocket; I then searched him farther and underneath his smock frock and waistcoat, in his breeches, I took this quantity of sugar, it contains moist sugar in two bags; I then searched him further, and in one of his jacket pockets I found fifteen nutmegs; I then went to Mr. Davis's and Newman's, in Fenchurch-street, and went to the counting house and did not hear that he belonged to that house, and there they went with me to Mr. Bennett's, where I found he was a servant. - GARDINER sworn. Q. Were you with Mr. Jostling at this time? - Yes. Q. Was you with him when he stopped the prisoner? - Yes. Q. You have heard what Mr. Jostling has said on that subject? - Yes. Q. You was present all the time? - Yes. Q. When Mr. Jostling stopped him did you see the prisoner produce any thing from his smock frock? - He produced this loaf of sugar. Q. Did you hear him say where he came from or whom he lived with? - He said, he lived with Davis and Newman, in Fenchurch-street. Q. When they got to the Castle did you see those other articles produced? - Yes, just in the same manner as Jostling says. Not GUILTY . Tried by the London Jury before Mr. Baron THOMPSON . 125. JAMES GEORGE LYLE , otherwise JAMES GEORGE SEM-PLE , was indicted for feloniously stealing, on the 18th of November , a yard of sprigged muslin, value 10s. three yards of callico, value 4s. and a linen shirt, value 15s. the goods of Thomas Wattleworth . The case opened by Mr. Knowlys. JOSEPH TODD sworn. Q. Are you servant to Mr. Thomas Wattleworth ? - Yes, I am. Q. He keeps a linen draper's shop in Wigmore-street ? - He does. Q. Look first of all at the prisoner at the bar and tell me whether you know him? - I do. The prisoner at the bar, on the morning of the 18th of November, about eleven or twelve o'clock, came to the shop, saying he came by the desire of Mrs. Cunningham of Egham-green; he had two patterns in his hand to get for her a yard of muslin and three yards of callico, to pattern; I took down the muslin wrapper, telling him we had not any to match it, he pointed to one said that would do as she was not particular; I cut him off a yard of muslin, and afterwards three yards of callico to match his patterns, he then put them up, and he said he would call in Mrs. Cunningham's servant who was at the door, he brought in a person whom he gave Mrs. Cunningham's parcel to; he then asked me if Mr. Wattleworth was within? I told him no; he then said he wanted to look at some shirts, as he had just come from the Continent he said he would want a large quantity; I shewed him some shirts, in the mean time Mr. Wattleworth came in, I pointed to him and said, that is Mr. Wattleworth, on my saying so Mr. Wattleworth came and shewed him some shirts, and he and I afterwards had no more conversation. Q. Did you hear what past, or see what past between Mr. Wattleworth and him? - I was not present at the time; Mr. Wattleworth called to me to take down his address, I took a book which was kept for that purpose and afterwards shewed it to him; the name which he gave me was lieutenant colonel George Lyse, there was also put down Mrs. Cunningham, Egham-green, but whether that was made before or after I cannot be positive. Q. Did you shew him the book? - Yes, he said it was right. Q. Had you made the entry of Mrs. Cunningham, and her address, from what you heard of the gentleman at the bar? - The yard of muslin and three yards of callico was down in the book, to Mrs. Cunningham, Egham-green. Q. Did you take that down from what you heard at his mouth? - Yes. Q. You may as well produce the book where you took down the order, and the book where you have credited Mrs. Cunningham. (The order book produced.)(Witness reads from the order book.) "Lieutenant colonel Lyle, Mrs. Cunningham, Egham-green." (Reads from the credit book.) "Mrs. Cunningham, Egham-green, one yard of six-quarters sprigged muslin, twelve shillings; and three yards of nine-eighths white callico, five shillings." The shirt is put into the memorandum book till such time as we received his order.(Reads from the memorandum book.) "Lieutenant colonel Lyle, one half trimmed shirt." No mark, only our private mark for seventeen shillings and sixpence. Mr. Knapp. Did the prisoner come to you in the dress in which he is now in? - No, he did not. Q. You understood that he had lately come from the Continent? - I did not know the prisoner at all. Q. You know it now that he has served in the army on the Continent? - I have heard so. Q. I think you said, that he said that he had lately come from the Continent? - He said, he came from Mrs. Cunningham's, and she had been a ready money customer with Mr. Wattleworth, I supposed so; I had but lately come to Mr. Wattleworth's. Q. Where this ready money customer lived you did not know, whether at York or Barnet, or where, she might live at Egham-green, for what you know of your own knowledge? - I don't know. Q. After having given credit for this muslin and callico, these articles were delivered to Mrs. Cunningham's servant? - So he said. Q. A servant in livery, was it? - I don't know that he was in livery. Q. There was a servant that was said to be Mrs. Cunningham's servant? - I don't know to the contrary. Q. It was not till after that time that he talked, or had said any thing to Mr. Wattleworth about the shirt? - It was not. Q. So that that bargain was completely struck as with Mrs. Cunningham, and delivered to Mrs. Cunningham's servant? - Yes. Q. Now we will get along to the shirt? - The shirt; Mr. Wattleworth came into the shop at the time. Q. So this same person that had this bargain with you for the muslin and callico, he then applied to you for a shirt, stating that he had come from the Continent and wanted shirts? - He did. Q. He was to take one home by the permission of Mr. Wattleworth? - That Mr. Wattleworth will best explain himself. Q. I believe the prisoner was examined a great many times at Bow-street? - I believe he was. Q. I believe you attended on account of some gentlemen giving their opinion whether this was a felony or no? - I don't know, I was entirely under the direction of Mr. Wattleworth. Q. Now this shirt, who did you deliver it to? - To lieutenant colonel Lyle. Q. Now before the magistrates at Bow-street, did not the major say that he was ready to pay for that shirt? - No, I did not hear him say so at Bow-street. Q. When was you at Bow-street? - I don't exactly recollect the day. Q. You don't recollect the major offering to pay for the shirt? - I believe he sent up a person to our master, saying he would pay for what articles he had, and return the shirt; I think this was after the first night of his appearance at Bow-street. Q. Then after the first night of his appearance at Bow-street he sent up word to your master, offering to pay for all these articles and return the shirt? - Yes, I believe that is as near as I can state it; I heard it mentioned. Q. Do you happen to know that during the return of the prisoner from the Continent, that the prisoner had received some injury, and had been ill at the time of his return? - I don't know that. Mr. Knowlys. No offer of this kind was made by him, or any body sent by him, till after Mr. Wattleworth appeared against him at Bow-street? - No. Q. Was this shirt sold? - No, he only took it as a pattern. THOMAS WATTLEWORTH sworn. Q. Do you know the prisoner, the gentleman at the bar? - Yes, I do. Q. Tell us what past between him and you on this occasion? - On the 18th of November last, about noon, on going into my shop, I observed the prisoner at the bar in treaty with my young man about shirts; on my coming into my shop my young man observed to him, that is Mr. Wattleworth; he addressed himself to me, and told me he had come from his sister, Mrs. Cunningham, that she had recommended him, and he wanted a parcel of shirts; I shewed him one which he fixed on, and which was agreed that he should take it down to his sister that night, as he conceived that she was a much better judge of linen than him, and that he meant to return to town the next morning and would bring the shirt along with him, and give orders for what he wanted; he mentioned the number he wanted, but I cannot remember exactly whether he said he wanted a number of shirts, or a certain number; the shirt was put up in a paper and delivered to a man, and he went away; but in the course of conversation respecting selling them, he observed that he had lately come from the Continent, and it was likewise observed that he had purchased the muslin and callico for Mrs. Cunningham. He gave his address."Lieutenant colonel Lyle," which I desired my young man to put down, and either "Egham," or "Egham-green," I am not certain which, but it was put down in the order book, and shewn him, and he said it was right. Q. When did you see him next? - At the bar at Bow-street. Q. That was on Monday night, the 6th of January? - It may be so. Q. Did you before or after that make enquiry at Egham-green? - I did not before, it was afterwards; I made this enquiry myself, I went to Egham, I enquired in the first place of the overseer of the parish, and he went with me to several other persons, as he said, the oldest inhabitants of the place. Q. Who did you enquire for? - For Mrs. Cunningham; I found there was no such person at Egham, nor had lived at Egham for any time. The colonel was very well known there, but not Mrs. Cunningham. Q. Did you find such a place as Egham-green? - There is no such place as Egham-green, there is Inglefield-green; I did not go to Inglefield-green, but I made enquiry of those that kept house at Inglefield-green, and they said there was no such person lived there, there had been a person of that name who had lived there about eight or ten years ago. Q. As to the value of the goods, is that a fair value that you put in the indictment? - Yes, it is. Q. Did you hear any thing of the colonel between that time and the time you saw him at Bow-street? - No, I did neither see nor hear of him. Mr. Knapp. Mrs. Cunningham, we understand, had been a ready money customer of your's? - Yes. Q. A Mrs. Cunningham had also lived at Egham? - At Inglefield-green there had been a Mrs. Cunningham, about eight or ten years, so I was informed. Q. In consequence of Mrs. Cunningham being a ready money customer, you was induced to give credit for these goods? - The credit was given before I came in, on his making use of the name of Mrs. Cunningham. Q. The making use of the name of Mrs. Cunningham, being a ready money customer of your's, you was induced to let him have the shirt to return the next morning? - Certainly. Q. You stated to my learned friend, that Mrs. Cunningham was not known at Egham, but the colonel was known at Egham? - It was so. Q. And he told you that her address was at Egham or Egham-green? - Exactly so. Q. You say you did not make any enquiry till after you had been at Bow-street, and I suppose you was induced to do so from the recommendation that you received there, to make enquiry about it? - It was so. Q. Therefore the time that this shirt was lent in order to be returned the next day, that did not go the length to induce you to make any enquiry till after you see the prisoner at Bow-street? - It did not. Q. I believe at Bow-street there were three examinations? - There were. Q. I believe it was not until counsel's opinion had been had, that he was committed? - I know the counsel's opinion was had, and he was committed afterwards. Q. Now, how long was it before he offered to pay for the things? - I don't know that it was ever offered; the evening after my appearance at Bow-street, a person came to me and asked me whether I did not appear against lieutenant colonel Lyle? I told him I did; says he, sir, if he will pay you for the articles he has had of you, and return the shirt, will you give it up and not appear against him in the evening? I told him I knew nothing of him, who he was, or who he came from; and I believe he said he came from lieutenant colonel Lyle. Q. Then this whole long speech is, that this person said, he came from lieutentant colonel Lyle, and was ready to pay for the articles he had had. With respect to Mrs. Cunningham, the articles which he said were for Mrs. Cunningham, you had debited Mrs. Cunningham? - I had. Q. Not on his credit, but on her credit? - I placed it on her credit. Q. You say at Egham you went to the overseer? - Yes. Q. The overseer went about with you? - Yes, and another person. Q. You probably looked at the parish books? - No, I did not. Q. Egham is a large place we know? - It is. Q. Inglefield joins it? - It is a little distance from it. Q. You did not enquire at every house? - Not at every house. Q. But you do not mean to swear that Mrs. Cunningham did not live at Egham? - I could not find her out, I conceive that every enquiry that was necessary, was made. Q. Have you always been sure about the name of the person that Mr. Lyle made use of? have you always said it was Cunningham? - No. Q. I believe you made some mistake about it; you first said it was Mrs. Graham? - I did, and I will tell you how that happened; in the Sunday pap I see the advertisement concerning lieutenant colonel Lyle being taken u and I went to Bow-street the next day to see if he was the person. Q. This is going over the case again. - I am coming to it. Court. Did you ever say her name was Graham first? - I did; I said, to the best of my recollection, that I thought it was Graham; but I was at that time quite unprepared. Mr. Knapp. In point of fact did you make enquiry at Inglefield-green? - I did not. Q. Of course you don't know of your own knowledge whether Mrs. Cunningham had lived there or not? - I had not been at Inglefield-green. Mr. Knowlys. Though you did not go to Inglefield-green, did you enquire of the people at Inglefield-green? - I did. Q. Have you ever, from that time to this, heard or seen any thing of Mrs. Cunningham about these articles? - I never have. Q. And never any application from the colonel till after the affair at Bow-street? - Never till after the first appearance. Mr. Knapp. You told us that the prisoner had said that he came from the Continent. In point of fact, I believe he had been very ill? - I don't know that. Q. You don't know that he had received some wounds? - I don't know that, he never told me that. The prisoner stated in his defence, that I was the malancholy truth that he had had the misfortune to stand at that bar; that since that time he had served in the army on the Continent, that all was very well until at last some person found out that lieutenant colonel Lyle was major Semple, when he was obliged to return to England from ill usage. Mr. Knapp addressed the court, that the case was not made out against the prisoner, inasmuch as the muslin and callico were got into the hands of a servant to Mrs. Cunningham, and credited by the prosecutor to Mrs. Cunningham, who was a customer before; and with respect to the shirt, it could not be felony, except he meant to convert it to his own use, and there was proof that he had offered to return it. Mr. Justice Buller observed, that with respect to the first objection, Mr. Knapp was right, because taking it up in the name of a third person, would not make that a felony, but a fraud; but the shirt stood in a very different predicament, because that was taken up on his own ground, and not by the intervention of a third person; and Mr. Knapp's objection might go to a question of law, but he did not think the court was called to decide on the case on a dry question of law, but on the fact, which fact the jury must decide upon. GUILTY , Of stealing the shirt. (Aged 27.) Transported for seven years . Tried by the first Middlesex Jury before Mr. Justice BULLER. 126. THOMAS PEARSON was indicted for feloniously stealing, on the 27th of November , sixteen guineas, and four half guineas ; the monies of John Bourne . JOSEPH BOURNE sworn. I am the captain of a merchant's ship in the coal trade. As I was going along the Strand, on the 27th of November last, on a Thursday, about five o'clock in the afternoon - Q. What part of the Strand was it? - Near Exeter Change, The prisoner at the bar came up to me and asked me if I was a north countryman? I told him I was; we walked on about ten minutes, and he took something off the flags, on which he asked me to go into a house and see what it was; we went into a public house in the Strand, near Exeter Change, and he opened it out, and it was a red pocket book, he opened the brown paper, what he took up off the flags; within that pocket book there was this cross, in a box, and a piece of paper, saying it was value two hundred and fifty pounds. Q. You read the paper? - No, I did not; he read the paper to me. There was a stout man sitting in the room, and he said I had a right to fifty pounds, if it was of that value, as I had seen him take it off the flags; on which the prisoner said he had a friend that lived close by, and he would go and get the money; the other stout man and I walked out into the street, near Exeter Change, while he went to his friend. Q. Did you go into any house? - No, we walked about there about ten minutes. Q. Who went out of the public house first, you or the prisoner? - We all went out together. Q. Did you all three walk together for that ten minutes? - Yes. Q. Then what happened after that? - He came back and said his friend was not at home. Q. Then the prisoner left you? - Yes, he left us for about ten minutes. Q. What happened after he came back? - He returned, and said, his friend was not at home, but said, if I would leave what security I had, if I had any money, he would leave this property with me till to-morrow morning ten o'clock, when he would call on me again, and give me the money, and the fifty pounds, which he said I should have, and he never came back the next morning. Q. Did you give him any thing? - I gave him eighteen guineas in all; sixteen guineas and four half guineas. Q. What did he give you? - He gave me this poppet as I call it. Q. Was any thing in it? - There was a gold diamond cross. Q. Do you know the value of these things at all - No. Q. Is it gold, do you know? are you a complete judge of it? - No, I am no judge at all. Q. How did you get at the prisoner afterwards? - Peter Mayne took him, he is a runner. Q. What day did he take him up? - I don't know the day he took him up; the ship went away; it may be five weeks or a month afterwards, I cannot say. Q. At whose desire did he take him up? - At my desire. I thought it was a fraud; I think it is not the value; I was told so by one Mr. Fox. JAMES VINCENT sworn. I have been in the jewellery line and silver smith for these twenty years, in North-street, Red Lion-square. (The cross shewn him) It is gold, but very bag gold indeed; the jewels are what they call pasts, with a mixture of glass. Q. What may be the value of the whole? - Less than half a guinea. Prisoner to Prosecutor. How long is it since you applied to the magistrate for a warrant to apprehend me? was it before you failed you last voyage, or since your return? - Since I came up. Court. Then you made a voyage before you applied to have him taken up? - Yes. Q. Where did you go to? - To Newcastle. Q. Why did not you apply to have him taken up before? - The ship was in a tide fail. Prisoner. Did not you first see me in the lock-up-room, and asked me if I knew you, what was my answer? - I don't know indeed. Q. I told you no, I believe? - Very likely you might. Q. Did not you shew me a cross, and asked me if I knew that? - I did. Q. Is that the same cross? - It is. Q. What was the reason you told the magistrate that you could not shew it him, it being on board a ship, at Blackwall, when you had shewn it to me the same morning in the lock-up-room? - When I was before the justice, I had it not about me; it was Mr. Fox shewed it to the prisoner that morning, and Mr. Fox had it about him. Q. Was that the reason you did not produce it before the magistrate? - Yes. Court. Can you say that is the same cross you had of him? - I made a mark on the back of the cross when I gave it to Mr. Fox. Prisoner. You recollect Mr. Lucas and you, and Mr. Fox going out in order to have me committed for a further examination. What was the reason I was not fully committed then? - I don't know nothing about it. Q. Did not you authorise Mr. Lucas, Fox, and Mayne to compromise this matter, provided you could get the money back again that you had lost; and if you had it back again, did not you agree that you would relinquish this prosecution? - I never endeavoured to get any thing of the kind. Court. Did you ever offer the prisoner to accept any compromise? - No, nothing of the kind. Prisoner. How came you to be acquainted with my name, in order to have it set down in the warrant to apprehend me? -By the runners telling me your name. Q. Should you have known me if you had met me in the street? - I should have known you any where. Q. Did not Mr. Lucas tell you what sort of a person you was coming to swear to? - No, he did not. Q. Did not he tell you what sort of a dress I was in? - No, not in the least. Court. Was any body with this man, when this man was in the lock-up-room? - Yes, several. Q. Did you know him from the rest? - I knew him instantly. Prisoner. This money was obtained on the 27th of November; I have been several times at Mayne's house; particularly I was there on the 1st of January, and he never offered to take me into custody. Do you know the day I was apprehended? - I do not. Prisoner. I have two or three witnesses that will prove that I have been at Mr. Mayne's house about this business, Mr. Mayne charged me with it once, but he never offered to take me into custody; I told him that I knew nothing about it. Court to Prosecutor. Do you know how long after you see him in the street it was that you took him up at all? - It may be about six weeks. THOMAS GALLANT sworn. I am a hair dresser. Prisoner. Do you recollect my being charged with this business? do you recollect my going to Mayne's house? Court. Do you know when he was apprehended? - I believe it was a month last Saturday. Q. Between that and November, do you know any thing particular to state, that passed? - No further than the prisoner calling on me the first Thursday in January, and I went with him to Mr. Mayne's house, he is a runner at one of the offices. Q. Did any thing pass at all about this business? - Not a circumstance about this business. JOHN MITCHELL sworn. Q. Were you in company with this last witness, at Mayne's house, at any time? - I was, either the latter end of December, or the beginning of January, I cannot answer which. Q. Was any thing said about this cross? - Nothing that I heard of. Q. Did Mr. Mayne make any charge against this man? - Nothing that I heard of. GUILTY . (Aged 22.) Transported for seven years . Tried by the first Middlesex Jury before Mr. RECORDER. 127. WILLIAM PARR was indicted for feloniously stealing, on the 16th of January , sixteen silver coat buttons, value 5s. and eight silver waistcoat buttons, value 4s. the goods of Edward King . EDWARD KING sworn. My business is a silversmith . Q. Was you robbed of any coat buttons at any time, or waistcoat buttons? - I was. Q. Where did you lose them from? - From my shop. Q. Was the prisoner a stranger, or servant? - A stranger. Q. Where do you live? - In Duke's-court, St. Martin's-lane . Q. What day were they taken away? - I think it was the preceding what is observed for the Queen's birth day, to the best of my remembrance between seven and eight in the evening. Q. How did it happen? - I was in the shop myself, there were two persons came into the shop, both unknown to me, as it should seem to buy some silver coat and waistcoat buttons; and I had not enough to make up the number that was wanted, and I was to make up the number the next day; on the day I lost them, one of these people, I should suppose it to be one of them, came, it should seem for the buttons, I produced them, and I expected the buttons were going to be paid for, and I was going to cast up what they came to, the price we agreed to the day before; at that instant there was but one, but just as the goods were made up, and ready to be taken away, another came in, and asked some frivolous questions about the lodger, or something. Q. Where were the buttons? - On the counter. Q. Coat and waistcoat buttons? - Yes, both together. Q. Were they silver? - Yes, silver buttons. Q. What then? - When the second person had opened the door and asked me a certain question about a lodger I knew nothing of, that took my eye for a short space of time from the person that was in the shop before, at that very instant I imagine it to be, it was, that the buttons were missing from the counter. Q. How many were missing? - Sixteen of each; sixteen coat, and sixteen waistcoat buttons. Q. What past after that? - The parties went out of the shop, but in my confusion I am unable to say which went out first. Q. Is the prisoner either of those men? - I knew him when he was brought back to my shop, then I knew him; the knowledge I have of him now I got of him from what I see of him after he was brought back; the transaction happened at candle light, I minded my business more than I did his face. Q. Did you give any alarm on missing these things? - Yes, I made an alarm very soon after; I hesitated a moment whether I should pursue or not; in short, in the situation I was in, I cannot say whether I jumped over the counter, or went round the counter, but I am told that I jumped over the counter; he was taken in consequence of my alarm, in about two hundred yards, and brought back very soon after. Q. Was he the man that bargained about the buttons, or that talked about the lodger? - This must be the one, if I am not mistaken, that talked with me about the buttons; I looked on him so, he said it was another. Q. You must say whether you have a certainty as to that. Do you mean to be positive? - I would wish to stand clear so as to bring nothing bad upon myself; while I was looking at a second person, there was a possibility that my sense of sight might be deceived; I have the greater reason to believe that he is the man, but I may be mistaken, my eye being taken off for a moment. Q. When he was brought back was any thing found on him? - When he was taken I was in pursuit, and the things were produced to me that I missed out of St. Martin's church yard; I searched him myself; I felt him in this manner, and I found nothing. Q. How soon were the things brought back to you after he was taken? - I had the things before he arrived in the shop again. Q. Do you know your buttons again? - It would be very hard to say I knew every button again, they were plain silver buttons; the coat buttons were on a card, and the breast buttons were each in a bit of paper to keep them from rubbing one against the other. Q. Had not that card something of writing on it? - Yes. Q. Can you swear to the writing? - Yes. Q. Then how can you doubt about the buttons? - I have no doubt. Mr. Knowlys. This took place by candlelight? - Yes. Q. You had no opportunity of seeing him by daylight? - Not by daylight. Q. You say you was more intent on the business than in looking at the prisoner's face? - That is a fact. Q. Therefore you did not take much notice of his face at all? - I cannot say that I did. It was by the over persuasion of my neighbours that I entered into the prosecution; I had nothing to build upon but his being brought back to me. Court. What do you mean by saying that you judge he was the same person by being brought back to you? - I should suppose by the parties taking of him, and bringing him back, that he was the man. - sworn. I am a butcher by business; I took the prisoner; I was going out of the shop with the tray of meat on my shoulder, hearing a cry of stop thief coming out of the shop, and seeing him come past, I tried to catch him if I could. Q. Did you see any body else with the prisoner? - I see the mob coming after him. Q. Who were nearest to him, you or the other people? - I took him at the bottom of the court, I followed him. Q. Were you the first that got up to him? - Yes; when I got up to him I asked for a light to see if I could find any thing that he had thrown away, he said it was no use to look there, there was nothing there. Q. Did you see him do any act like throwing away any thing? - No, but he said we should find the buttons up in the church yard. Q. Had he ran through the church yard? - Yes, he had. Q. How far was it from the church yard? - An hundred yards. Q. Did you see him running through the church yard? - No, I see him coming down the court. Q. Did you find the buttons there? - Yes. Q. How many did you find there? - I cannot tell, I did not count the number. Q. Were they silver buttons? - Yes, some on a card, and some wrapped up in a white paper. Q. What did you do with these buttons? - Packed them up, and they were taken to Mr. King's shop, and the prisoner likewise. Q. Did you go with the prisoner to Mr. King's? - Yes. Q. Did Mr. King seem to know any thing about the man? - He did not seem to mind much himself, his neighbours over persuaded him to do it. Q. Did Mr. King seem to know the buttons? - Yes. Q. What was done with the buttons? were they delivered to Mr. King? - Yes. Mr. Knowlys. Where was it, my lad, that you stopped him? - At the bottom of Church-street, in the Strand. Q. You had not seen him at all in St. Martin's Church-yard? - No, not at all. Q. Did you see another man that the mob were pursuing? - No, I did not. Q. Perhaps you cannot recollect exactly what was said. Was it not said that a man had dropped them in St. Martin's Church-yard, and you should find them there? you cannot charge your memory that he did not say a man had dropped them there? - No, he did not. Court to Prosecutor. Have you brought the buttons here? - Yes. (Produced.) Prisoner. I know nothing at all about the buttons; when I came to the bottom of the court another gentleman stopped me, and not that man, and this man came up immediately after and laid hold of me, and they said the buttons were in the mud; I said I knew nothing at all about them, they said, which way did I come? somebody said, across the church yard; I made answer and said, you must look into the church yard; they went back into the church yard and found them there. The prisoner called four witnesses to his character, who gave him the character of a good boy, but said that his mother had unfortunately married, and his father-in-law had not used the boy so well as he ought, and had turned him out of doors. Not GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 228. SARAH SLADE was indicted for feloniously stealing, on the 31st of January , one pair of silk stockings, value 5s. one pair of worsted stockings, value 8s. three silver tea spoons, value 6s. three linen sheets, value 10s. three cotton gowns, value 17s. the goods of William Walker . ANN WALKER sworn. Q. Are you the wife of William Walker? - Yes. Q. Did you lose the articles in this indictment? - Yes. Q. Are you a housekeeper? - Yes, in Denmark-street, St. George's in the East . Q. Was the prisoner a servant of your's? - No, an entire stranger; she went through my premises and went up stairs to my room; Mary Nightly came down to me, and told me that a woman had come out of my chamber with a bundle, on that I followed her out to the door, and she said, that is the woman. Q. Did you see the things on her? - She had then thrown the things down into the next door. Q. Did you see that? - No, I did not; I brought her back into the house again, and I see her thrown down the tea spoons on the ground, I picked them up immediately and knew them to be my own property; with that I see her hand in her pocket and I took it out, and took these silk stockings out of her pocket; I then see her wrapping up something in a rag in her hand, and I insisted on seeing what it was, and there were five keys in it, pick lock keys which did not belong to me; I see her after that take another key up. Q. Did you find any thing else? - Yes, the three sheets, the three gowns, and the worsted stockings I found in the next door entry. Q. Was that the door that she past? - I took upon it that she went out of my house into that, in the situation I see her, she was coming out of that door. Q. What have you done with the things? have you kept them ever since? - No, they have been in the constable's possession, sealed up at the justice's. MARY NIGHTLY sworn. I am a lodger in Mrs. Walker's house. Q. Did you see the prisoner in the house of Mrs. Walker? - Yes, I see her on the landing place of the one pair of stairs, I did not see her in the room, but I suppose she came out of the room; she had something in her apron, a bundle. I called to Mrs. Walker to tell her, and I went to the door, and she went out of the street door after her and found her coming out of the next passage, and in the passage I picked up three gowns, three sheets, and a pair of worsted stockings, and brought them in to Mrs. Walker. Q. Did you see the other things taken from her? - I see the worsted stockings taken out of her pocket, and I see the keys taken from her; I see the spoons after they were picked up, but I did not see them drop. Q. Were the things delivered to the constable? - Yes, I delivered the gowns, worsted stockings, and sheets, with my own hands. JOSEPH HASSITER sworn. I am a parish officer. On the 3d of January, these things were delivered to me by this woman, three gowns, three sheets, and a pair of stockings; I have kept them till now. Q. To Prosecutor. Were all these things in one room? - Yes, the sheets were on the bed in the morning, two of them, the spoons were in a drawer, they have on them, the gift of a friend. Q. You know the property, I suppose? - Yes. Prisoner. I have nothing to say, I have two small children, and I beg for mercy; I was rather in liquor. GUILTY . (Aged 39.) Recommended by the jury and prosecutor. Transported for seven years . Tried by the first Middlesex Jury before Mr. RECORDER. 179. ASHER LEVY was indicted for feloniously stealing, on the 19th of January , a horse whip, value 6d. and a pair of leather reins, value 4s. the goods of Edward Gartland . EDWARD GARTLAND sworn. I am a hostler . Q. Did you lose a whip and reins at any time? - Yes, on the 19th of January, Monday; we came up to the Bull, in Holborn , about one o'clock in the day, I stopped to take my horses off, and I took my reins off and threw them into the chaise, I led the horses up the yard, and left the whip and reins in the chaise; I went down the yard to put the horses in the stable. Q. What was the chaise in the street? - In the street. I was gone but a very little while, I said to my fellow servants, let us go and set the chaises to rights, draw them a little closer together; in the mean time, when I came down, I see the chaise door open, and I looked and see the whip and reins gone, and this gentleman came down and said he saw this lad take them out of the chaise, while I was talking about the loss. HEADITCH sworn. I was looking out of my own window in Holborn, on Monday, the 19th, there were five chaises assembled together for sake of taking some boys down to a school, I see the prisoner at the bar come down the yard, I live only four or five doors off, and he went to the fifth chaise and took the reins out, and the whip; I see him pass the sadler's, which is near there, and it gave me a suspicion; a little while after that I said to my wife, that boy has stole this property, because if they had sent to have them mended, he certainly would have taken them to the sadler's; my wife said, we may as well have our dinner, it is one o'clock; she looks out of window and says, I dare say what you say is right, for they are all assembled about the chaise. I went down and asked the men if they had lost such property or no? they told me they had; and I told them that I see such a person take them out of the chaise, and I went round and I see the prisoner at the bar paying very great attention to the hackney coachmen, about thirty yards from where he took the property; the hostler was with me, and I told him that was the boy that stole his property, and he went and took him up immediately to the public office, Hatton-garden, and he was committed; and that is all I know of the business. Q. How soon after he had taken the property was it you see the prisoner? - To the best of my recollection it could not be more than three quarters of an hour. I am positive that is the lad. Prisoner. When you see me take the property, why did not you stop me? Court to Prosecutor. Did these reins belong to you as a hostler? - Yes. Q. Do you find your own whip and reins? - Yes. Q. What may be the value of them? - I could not replace them for half a guinea. Prisoner. I am a working lad, I sell fruit about the streets, and I know nothing what they have alledged against me. GUILTY . Publickly whipped . Tried by the first Middlesex Jury before Mr. RECORDER. 130. WILLIAM PETERS was indicted for feloniously stealing, on the 27th of August , a promissory note, called a bank note, value 10l. a ditto, value 10l. a ditto, value 20l. a ditto, value 20l. a ditto, value 25l. and a ditto, value 25l. the property of John Smith . JOHN SMITH sworn. I live in Mortimer-street, Cavendish-square. Q. Have you any time lately lost any bank notes? - Yes, on the 27th of August, two ten pounds, two twenty pounds, one fifteen pounds, and two twenty-five pounds. Q. Were they your property? - Yes. Q. Were they unpaid? - Yes. Q. What reason have you to charge the prisoner at the bar with taking these bank notes? - I never see this William Peters in my life till the officer took him. Q. What was his reason for taking him? - He told me that he would seek after him, he knew such a persen as my wife described to him; I was not at home when it was done. Mr. Knowlys. You have been telling my lord that you have lost a certain number of bank notes; I believe you don't know what the particular notes were, only what your daughter told you? - I had them at home. Q. I know you were possessed of bank notes to the amount of a hundred pounds, but you could not tell what the particular notes were, only as your daughter informed you? - I could not tell particularly, because I could not read, my daughter read them to me. MARY SMITH sworn. Q. You are the wife of John Smith ? - Yes. Q. Do you know any thing of his losing any bank notes? - Yes, I lost a hundred pounds worth of bank notes. Q. Do you know the number of them? - Two ten pounds, two twenty pounds, a twenty five pounds, and a fifteen pounds. Q. You can read? - No, I cannot. Q. You can read figures? - No. Q. Where were these notes kept? - Up in my room. Q. What reason have you to charge the prisoner with the notes? - Concerning the locket being dropt. Q. Where is the locket? - I have it; I was going down Parliament-street, and there was a man before me, and I saw a small parcel lay, that was wrapped up in a brown paper, and I was going to stoop for it, and the prisoner stooped before me, and said, he had picked up a prize; I said, halves, to the prisoner; the prisoner asked me whether it was a usual thing to give half of what was found? I told him I had heard say it was; and then we crossed over together into the Park, and he met with an old gentleman, and he said he would go up to this old gentleman and ask him where the king's jeweller lived. Q. When was this that you found this locket? - The 27th of August. The prisoner at the bar said the king's jeweller lived in Bond-street. Q. Is that the old gentleman that you met with? - Yes, that is the old gentleman that we met with. Then we went to the chair in the Park and sat down; the other that was with this prisoner said he was a captain of a ship, and he said he had a friend in town, a gentleman of whom he could get the value that was in the note; the two hundred and fifty pounds that was in the bill with the locket. Q. Then there was a bill along with the locket that valued the locket at two hundred and fifty pounds? - Yes, there was; when he came back he said his friend was not at home, he was gone to Richmond. Q. If I understand you, the prisoner was the man that picked up the locket? - No, not this prisoner, the prisoner that was tried some time back; Watson was his name. Q. Then the prisoner at the bar was the man that you met afterwards in the Park? - Yes, and then we went on and came into Oxford-street, we turned down a street on our left hand, and went in and had a pint of beer, and some words, I don't know what passed, and afterwards they went down to my house in Mortimer-street; all the party, the prisoner that was tried before, and the prisoner at the bar, and myself, and they had the hundred pounds. Q. You had only this one hundred pounds in bank notes, had you? - Only this one hundred pounds. Q. Tell us what happened in your house? - They took them off from the table. Q. How came they on the table? - They had agreed to have the hundred pounds till on the morrow. Q. Who agreed? - The men that robbed me; they were to have the hundred pounds, they did not choose to part with the locket, but they left the locket till to-morrow, and I gave them the hundred pounds, and I was to have my hundred pounds again and one hundred and twenty-five pounds concerning that locket. Q. Did you fetch down the notes yourself? - No, my daughter fetched them down, she looked out the notes. Q. What was you to have the one hundred and twenty-five pounds for? - Concerning that locket, it mentioned in the note two hundred and twenty-five pounds, and I was to have one half, and my own hundred pounds back. Q. You say then that you voluntary lent them the hundred pounds in notes? - They took them up from the table. Q. What did you send for them down for? - Concerning this locket till tomorrow; I was to have half of the value of this locket, they left the locket with me till the morning. Q. For what purpose were they to leave the locket with you till the morning? - They were to bring my money back in the morning; they said, they did not choose to part with the locket, they would fetch it again in the morning. Q. Did you, or did you not consent to their taking the money, and bringing it back again the next morning? - Yes, I consented to it till the morrow morning. Q. What good did it answer taking your notes away, and to bring them back the next morning? - They did not choose to part with the locket, and they had not cash about them, and they left the locket with me. Q. What more happened about this affair afterwards? - They went away, and I never see them no more, till they were taken and brought to me; one Lucas brought Watson to me, to Mortimer-street, to our house. Q. How soon afterwards did Lucas bring the notes? - He never brought the notes; he took Watson in about a fortnight after. Q. And when was Peters taken? - I believe it is three weeks back, I think it as much. Q. Do you know what the locket is worth? - I have heard it is worth only five shillings and six-pence. Q. Is that the receipt you received with it? - Yes. Q. With a stamp and all in order. Mr. Knowlys. This happened on the 27th of August? - Yes. Q. And you never see the man till about three weeks ago? - I see him when he robbed me, but not since that time, till he was taken. Q. Where did you see him? - Lucas fetched him to one Mayne, the officer. Q. And he shewed you the man? - I knew the man as soon as I see him. Q. There was no other person in the room with him? - There was other people in the room. Q. In what part of the house was he? - In the parlour. Q. Who was in the room besides him? - I cannot tell, there were several people there. Q. Did not Lucas point him out to you? - No; Lucas asked me if I knew any one in particular in the room, one more than another? I looked about, and I knew him immediately. Q. Have you ever fast that you should not have known him if he had not been pointed out by Lucas? Court. Lucas asked you if you knew any one in particular? What did you say? - I turned me round and see the prisoner, and told him that was the man that had robbed me; Lucas did not point him out. Mr. Knowlys. I ask you whether you have told any person, that you should not have known the man if somebody had not pointed him out to you? - I never told any person so. MARY SMITH , the younger, sworn. Q. You are the daughter of the last witness, are you not? - Yes. Q. Do you remember her coming home with two men? - I remember it, but I did not see the men. Q. When was this? - The 27th of August last. Q. Do you remember your mother having in her possession any bank notes? - Yes, I counted them out to her. Q. Do you remember for what sum they were? - I know how many notes there were, there were two ten pounds notes, two twenty pounds notes, a five pounds notes, and a fifteen pounds note. Q. These notes your mother had in her custody that day? - Yes. Q. Were you sent on any errand by your mother? - No, she desired me to come up stairs with her, and count out a hundred pounds worth of notes. Q. Where was she, did she come out of the parlour up to her room for these notes? - Yes. Q. Did you count out the notes? - Yes. Q. Did you give them to her in her bed-chamber, or did you fetch them down? - I gave them to her in her bedchamber. Q. What happened then, did you stay in the parlour after she brought them down? - No, I did not go into the parlour. Q. How long had your mother had these notes in the house? - I don't know, I cannot tell. Q. Had your mother any more notes besides them? - I don't know, I only see one more. Q. What is your father? - A plaisterer. Q. So you never see the notes since? - No, not since I gave them my mother. Prisoner. I leave it to my counsel. MARY SUGDEN sworn. Q. Where do you live? - At the Horse Shoe, Castle-lane, in the Borough. Q. Do you know the prisoner at the bar? - Yes, very well; he lived at our house. I am the daughter of Mr. Gre, that keeps the house. Q. Do you know the prosecutor, Mr. Smith? - I know the woman; she came to our house, and her husband came with her; cur tap-room is kitchen and taproom altogether; it was the Saturday after Peters was taken up, I don't know what they came for, but seeing Mrs. Smith look a decent woman I asked her back into the parlour along with me, and when we were in the parlour she told me the business she came was relative to this Mr. Peters, that she would make it up for a hundred pounds, for she had promised the thief-taking men fifty pounds, and said she never should have known him, only the thief taking men said he was the person; she thought he was a much younger man, quite a smart young man. Q. How came she to go to your house for all this? - I don't know; I see her a decent looking woman, I asked her into the parlour; I never knew any thing of her before in my life. Q. Did you know at this time, when this conversation took place, in whose custody Peters was? - He was first of all at a man's named Mavne. Q. What is your reason for believing that he was there at Mayne's house? - I believe it, because I know he did go to Mavne's house, and Mrs. Smith said that she would not appear against him, for she only wanted the money, and could not tell whether he was the man or no, only what these thief-taking men told her. Q. Where is your father at this time? - My father went away this morning at seven o'clock into the country, at his own business. Q. Was your father present at this time? - He was, be heard what Mrs. Smith said. Court to Mrs. Smith. Do you know that woman there? - I see her once at her father's house. Q. What did you go there for? - They sent for us there; this young woman's father sent to out house and desired we would to there I was at the bar with her to drink a glass of peppermint water, but never no more in particular; I was in the parlour for about a minute for something particular, but not concerning any thing of talk. Q. Then you did not call her in? - No. Q. Nor she did not call you in? - No. Q. And you was not there above a minute? - I may be there a minute or two. Q. It was nothing at all concerning this business? - No, they were mentioning in the tap room something concerning of it. Q. Was there any thing in the parlour mentioned of this business? - Not that I know of a word that I can recollect. Q. Who began the conversation in the tap room? - They were talking something of it in the tap room, this young woman's father had known this said Peters a great many years, he had been a lodger to him. I cannot recollect any thing particular that was said. Q. Did not they say why they sent for you? - I really cannot in particular say the words what it was. Q. How far do you live from them? - A great distance. Q. If they took the trouble of sending for you so far, was it not very natural to ask what they wanted with you? - I really cannot think of any thing particular that was said. Q. Did you offer to make it up if they gave a hundred pounds? - We never offered first or last to make it up. Q. Did you ever say at this woman's father's house that you did not know the man? - I never said so. Q. Did you say he was a smart young man? - I always said he was an elderly man. Q. Did you say you had promised fifty pounds to the thief takers for taking up the men? - When they were taken the thief takers asked my husband what he would give them? my husband said he had nothing at all to give, what they took with them, they should have the one half. Q. Did you say that you should not have known this man if the thief takers had not pointed him out? - I always said I should know him whenever I should see him. Mr. Knowlys. You went to Mr. Lucas more than once, did not you? - No more than once. Q. You went down several times to Mayne's? - We went down on Saturday night, and the Monday when the prisoner was taken; the prisoner was taken on Sunday. Q. How long was it after that before you appeared before any justice? - In the same week I believe. Q. How long was he kept at Mayne's before he went to a justice's? - Two days I think. Q. Can you recollect what month it was in that you appeared against him? - No, I cannot. Q. Was it before the 5th of February that you went before any magistrate? - I cannot recollect. Q. He was taken the 18th of January, was not he? - I don't know what month. Q. Will you swear it was not a fortnight before you went before a magistrate? - Yes, I can swear that; it was not a fortnight, I believe it was in the course of a week. Q. Did not you go to a Mr. Edwards's house after this man, to propose making it up? - Not that I know of. Q. Did you ever propose making it up at Mr. Edwards's? - No, I don't know any such thing. Q. Have you got Mayne or Lucas here? - I don't know whether they are here or no. Q. Do you know this gentleman's person? (pointing to the solicitor for the desendant) - I have seen this gentleman when I came up first this morning and now. Q. Have you ever seen him in Hatton-street? - I may have seen him there. Q. Did not you and your husband propose to this gentleman to make it up? - Not that I know of. Q. Will you swear that you did not? - I know nothing at all of making up of any kind. I always said it was best to let it be so, rather than to bring ourselves further in trouble; it was better not to make it up, as we had better bear the loss rather than get into farther trouble. HENRY CHESTER sworn. Q. You are the solicitor for the prisoner? - I am. Q. Did this lady or her husband hold any conversation with you on this business? - Yes. Q. Tell us what and when it was? - I was sent for to attend the prisoner at Hatton-garden, at the police office, the latter end of January; I was there, I believe, an hour before the prisoner was bought up; I there see Smith, the husband, this woman, and Lucas, the officer; Lucas asked me whether the friends of Peters would advance any money to make it up, I told him that I did not know any thing at all about that, and I did not choose to interfere in the business; Mr. Smith and Mr. Lucas said to me, don't you think it better for the business to be postponed for a week to enable Peters to raise the money? and then they spoke to me concerning an estate which Peters considered himself as entitled to, and asked me whether I thought he was entitled to it? and whether he would give a bond as security for the money? I spoke to Peters about it, and he said, he would not; then they told me it was to be an hundred pounds, and Lucas and Mayne were to have fifty. Q. Who told you so? - Lucas and Smith; we had a long conversation, and I am certain there had been two applications to the prisoner at the bar to make it up. Q. Do you recollect that, now from conversation that you held with Smith and Lucas, or from what you recollect from others? - No, from Smith and Lucas they mentioned two names that they had applied to, George and Edwards. Q. Was the wife present in hearing this conversation? - Yes, and by her consent it was postponed a week. Mrs. Smith. I know nothing further than this, that as we had been at the loss, we had better give it up than get into further trouble. EDWARD EDWARDS sworn. I live next door to the Prince of Wales, in St. George's-fields, Kersaint-place. Q. Are you acquainted with Peters, the man at the bar? - I have seen him several times. Q. Did you hear of his having been taken up on this indictment? - On the Sunday morning he was taken on this charge, he came with Lucas and Mayne, the two officers, to my house; Lucas made this observation to me, that he thought I was somewhat interested for Mr. Peters, an account of an estate which Peters was entitled to, that I had advanced money on it, that they had just then taken him, and wished to know if I would either give a note or promise any sum of money; that Mrs. Smith had never seen him, and that they would undertake to turn him up before the magistrate, and they took him from my house to Mayne's, in Ratcliffe-highway, and told me that he should remain there for two or three days, in hopes of my coming forward with the money. Q. Did you ever see any body else about any business of this sort? - Lucas came to me after that, alone, I believe it might be six or seven days after; it was the day before he was going to have his examination, and he told me if I could procure him ten guineas he would endeavour to get him off for a soldier. Q. How long have you known Peters; - Some years; I have a very honest good opinion of him. Q. You have lent him money? - I have. Q. To Sugden. This man has lodged in your house? - I remember him ever since I was a little girl; I never knew any harm of him in my life, and I knew him twenty years ago. Q. Does he bear a good character? - He does. GUILTY . (Aged 42.) Transported for seven years . Tried by the second Middlesex Jury before Mr. Justice ASHURST. 131. MARY PALMER and MARTHA GIBBS were indicted for feloniously stealing, on the 19th of January , twenty three yards of printed callico, value 24s. the goods of John Patrick , the elder, and John Patrick , the younger. JOHN WESTWOOD sworn. Q. Do you know John Patrick , the elder, and John Patrick, the younger? - Yes, they are linen drapers , in the Strand ; I am their servant, they lost some callico out of their shop, on Monday, the 19th of January, about seven o'clock in the evening, twenty three yards of printed callico. Martha Gibbs and Mary Palmer came into our shop, about seven o'clock in the evening, and asked to look at some flannels, the young man shewed them some flannels, and he had cause to step into an upper room in our house, to bring down some more, and in the mean time, Martha Gibbs had took a piece of print off our counter, they staid in the shop about ten minutes after they bought the flannel, and Mary Palmer was paying for it, and Martha Gibbs was going out of the shop, and the young man knowing that she had taken the print, he jumped over the counter, and took hold of her, at that time he took hold of her, she dropped the piece of goods. Q. Did you see Martha Gibbs take it? - I did not. Q. Were they standing the whole time together? - They were side by side. Mr. Knowlys. Was not there a woman going out at the same time with Gibbs? - No, there was not, she was the only person that went out at that time. Q. Was not there a woman that came in to ask the price of a shawl, who went out precisely the time with Gibbs? - There was a woman in the shop whom I was shewing shawls to, and she went out just before Martha Gibbs . THOMAS COOPER sworn. On Monday evening these two women came into the shop, and desired to look at some flannel; I was going to get another piece up stairs, another customer came into the shop, and could not open the door, I ran down to open the door, and I saw the prints move in the shop. When I came down, I see the fag end of the print hanging from under the cloak of the woman with the child, Martha Gibbs, and I knew it to be ours, by the print, and when she went out, I tapped her on the shoulder, and she immediately drop ped the print, and ran across the way, and I went after and took her. I have got the linen now. Q. Had they asked to look at any linen? - No, it was flannel they asked to look at. Q. Is that the same piece that you picked up in the shop? - Yes, it is. Mr. Knowlys. The other woman remained in the shop till you came back; she never attempted to go away at all? - Not to my knowledge. Prisoner Palmer. I leave it to my counsel. Prisoner Gibbs. I leave it to my counsel. The prisoner Gibbs called four witnesses, who gave her a good character, said she was a married woman, and her husband was a carpenter, and the prisoner Palmer called one witness, who gave her a good character. Mary Palmer , not GUILTY . Martha Gibbs, GUILTY . Fined 1s. Tried by the second Middlesex Jury before Mr. Justice BULLER. 132. JOSEPH TIDMARSH was indicted, for feloniously stealing, on the 12th of February , a satin wood knife case, value 30s. twelve knives, and eleven forks, value 20s. the goods of John Underwood . JOHN UNDERWOOD sworn. I am a cutler , I live in Russel-court, Covent-garden . On Thursday last I lost a satin wood knife case; it was taken off the counter in the shop, the prisoner came in and there was nobody in the shop, he came in and took up the knife case and immediately set off with it; I cried, stop thief! and he was stopped with it; I am positive he is the man. JOHN LISBON sworn. I heard the cry of stop thief, I see the prisoner, went after him, and followed him down a court, he wanted to get away from me but I took him, and took him to Bow-street. Prisoner. I was going down White Hart-yard, I heard the cry of stop thief, this man came up to me at the corner of White Hart-yard, and struck at me, and the prosecutor came up and said, that knife case is mine, I will swear to it. The prisoner called one witness who gave him a good character. GUILTY. (Aged 17.) Judgement respited . Tried by the second Middlesex Jury before Mr. Justice BULLER. 133. STEPHEN SERMON and ANN BROMLEY were indicted for burglariously breaking and entering the dwelling house of John Clarke , about the hour of three in the morning, on the 22d of January , and burglariously stealing therein, a feather bed, value 5l. a feather bolster, value 6s. a mahogany dining table, value 18s. a mahogany pembroke table, value 18s. a bason stand, value 5s. and two blankets, value 20s. the goods of the said John Clarke.(The case opened by -.) JOHN CLARKE sworn. I live in Castle-street, Long-acre, in the parish of St. Martin's, and likewise in the parish of St. Giles's; I have a house in each. Q. Which house do you live in? - That in St. Martin's. Q. What part of your family sleeps in the other house, that in St. Giles's ? - One of my apprentices and two of my sons. Q. Who slept in the house at the time the robbery was committed? - Nobody; my family had gone to live in the house opposite, my family had left it about four or five months before this happened; they were both my houses, my family are in and out of this house every day, but we do not sleep there. Q. You left off sleeping in the house before this happened four or five months? - I left off sleeping and eating in the house, but I used it for my trade. Q. Did you carry on business in this here house? - Yes, I do, to this very day. Q. Had you at that time any intention of any of your family to return and sleep in this house? - Now and then, because we have generally plenty of beds in this house. Q. Had you constantly beds in that house there? - Generally. My business is such that there may, or there may not be any there, when I bought any I took and put them up there; I am a cabinet maker and upholsterer, I have one house at the corner of Cross-lane, and another in St Giles's parish, directly facing, and then I have another house just by; I have all these three houses, and I live the corner of Cross-lane, and the robbery was committed in the little house facing where I live, in St. Giles's parish. Q. Then this house used to be your residence? - Yes, and I quitted it about five or six months before the robbery happened. Q. Was any of your family left behind in this house of St. Giles's? - For some time, but not within two or three months of the robbery. Q. You were uncertain of your intention of ever returning with your family? - I had no intention of returning with my family to sleep there; I believe I should put two or three lads to sleep there when it was warm weather. Q. When was it you lost your property in this place? - On the 22d of January, Friday morning; the watchman knocked at my kitchen windows, because he knew the house was mine, at five o'clock in the morning, for the servant, and she came running up stairs and called us; the watchman called out that the street door was open, and I was sick in bed, and could not come down, but my sons did. Q. How soon were you able to go? - Not for some time. Q. Did you ever see any part of your property again? - Yes. When I was informed by my sons that my house was broke open by an iron crow. Q. Did you ever see any of your things again? - Yes, I see them about three weeks afterwards, they were in a house in Earl-street, close by the Seven Dials, No. 9. Q. What was there? - Two old blankets and some more of the wretched things in the room, which I did not take; they were in the house of a man of the name of Grace, that keeps a broker's shop, or old iron shop, I cannot tell what you may call it; the tables are here, and the tick of the bed. Q. Who proves the things being in the house? - I can, and my porter that is with me. JOHN LANE sworn. I am an officer of St. Giles's parish. On Monday the 31st of January, Mr. Richardson came to me, and informed me that there had been a burglary committed, and I advised him to get a search warrant; I went with him to Marlborough-street, and then went to Grace's house, and the landlord took me and John Clarke into Sermon's room; I found Mr. Clarke's bed and Bromley on it with her clothes on; the other officers in searching about under her head, found a quantity of articles tied up in a blue apron. Q. What has that to do with it? - I found the two mahogany tables. Q. Where was the bed? - On the bedstead in the room. Q. Where was Sermon at that time? - He was not in the room. Q. Where were the tables? - One standing in the same room, in a corner, covered over with a cloth, and the other was behind it. Q. Did you find any bolster? - Yes, on the bed. Q. What sort of tables were these two? - One was a pembroke table, and the other was a dining table; there were some blankets but Mr. Clarke would not swear to them. Q. Did you find any bason stand? - No, I did not. Q. What did you do with those articles you found? - Had them removed to my house. Q. Sermon you did not see at this time? - No. Q. What became of Ann Bromley ? - I took her before a magistrate, and she was committed for re-examination. Q. Did you take up Sermon? - I did not, he was apprehended a week or a fortnight afterward. Q. What became of the goods you took, are they in court? - The tables are, and ticks of the feather bed and bolster too. Prisoner Sermon. Whether he is certain these are the things that were in my room. Witness. I will be on my oath that these are the things that were in the room. DAVID COLE sworn. I am an officer belonging to St. Giles's. I went along with Mr. Lane, with the search warrant, searching the room we found a feather bed. Q. Whose room did you search? - Stephen Sermon 's, as we were told; there I saw a dining table, a pembroke table, and a bolster, they were carried to Mr. Lane's house; if I remember right it was about the 31st of January. JOSEPH GRACE sworn. I live at No. 9, Great Earl-street; I keep a broker's shop; the prisoner at the bar, Stephen Sermon, rented a lodging of me; I don't know the other prisoner, only being his wife for what I know. Q. When did Sermon take this lodging? - Some time in May last, to the best of my remembrance. Q. Do you know any thing about this indictment relating to Mr. Clarke's property? - No, I was out the same day getting home some goods from a sale, I came home and my wife informed me that they had been and searched the house. Q. Now tell us whereabouts in your house the room was which Sermon rented? - It was the two pair of stairs back room. Q. Do you know of any goods being brought into that room by Sermon? - No, I knew nothing at all about it; when I came home my wife told me my house had been searched by the constables, and before I went into the room I sent for Lane, the constable, and he came, and I went in and saw things there that were not my property; I know nothing at all about it how they came there. Prisoner. Did you see this property taken out of my room? - Yes, I see Mr. Lane take things out of your room, and Mr. Clarke said they were his property. HENRY WITHERINGTON sworn. I am one of the party that apprehended Stephen Sermon ; I took him to the public house, the sign of the Fox, in Ray-street, Clerkenwell, on Sunday the 8th of this month; there were two other people with me, one was Wilson, who had some particular business to do yesterday at Westminster, and he could not attend when the bill was found. Q. To Grace. How soon after the officer had taken these things out of Sermon's room did you see Sermon? - I did not see him till he was taken up and before the magistrate at Marlborough-street, and I was desired to appear at Marlborough-street by the constable, and I did. Prosecutor. I know the ticken by the mark at the corner, it is bound with red tape, I bought it at a sale for the sake of the feathers; it is a goose feather bed. Q. How long had you bought it before this happened? - I fancy about two months before this happened; I know the table, I was brought up a cabinet maker all my life, I bought the wood on the wharf, cut the logs, and my men made them; they have been made two or three months. Q. What reason have you for knowing that these articles, the bed and the tables were in your house, in St. Giles's, on the 22d of January? - I can bring my porter to witness that they were there that very evening. PETER BLAKE sworn. I am porter to Mr. Clarke. Q. Have you seen the tables? - Yes, both of them. Q. Do you recollect the morning when the house of your master was broke open? can you say any of these articles were there? - Yes, I see them there myself about six o'clock, when I shut up the shop. Q. Were the feather bed and bolster there? - Yes, both. Q. They were stuffed? - Yes. Q. When they were found, were they stuffed? - Yes, and the feathers were taken out for the conveniency of bringing them here. Q. What time of the morning did you miss them? - About the hour of six or seven. Q. Was there a bason stand? - Yes, it was broke. Prisoner Sermon. If they are the same property that was taken out of my room, how they came there was, a young fellow came to me last Sunday was three weeks, and asked me to let him leave some things, for he expected to be seized upon; I gave him leave to leave them, and on Monday he brought these things, if they are the same that belonged to Mr. Clarke; I made all the enquiry about the person who left them with me, and could not find him. Prisoner Bromley. I know nothing of it, I was out at my mother's at the time he brought them into the room. Prisoner Sermon. I wish you would call my landlord to my character. Grace. He came to lodge with me in May last, he was a lamplighter; he paid me very honest; he told me also, he was a bird catcher, and I see a bird trap, that is all I know about him. Stephen Sermon , GUILTY .(Aged 20.) Of stealing but not in the dwelling house. Ann Bromley , not GUILTY . Tried by the second Middlesex Jury before Mr. Baron THOMPSON . 134. STEPHEN SERMON and ANN BROMLEY were again indicted for burglariously breaking and entering the dwelling house of John Smith , about the hour of nine in the night on the 15th of December , and burglariously stealing therein, a tin cannister, value 100. one pound and four ounces weight of black tea, value 4s. and four pounds of starch, value 2s. the goods of the said John Smith . JOHN SMITH sworn. I live at No. 1, Short's-gardens, in the parish of St. Giles's in the fields ; I have a house there, I keep a chandlers shop . On the 15th of December last, I cannot positively say the day, between the hours of seven and nine, I cannot justly say to half an hour, it was after seven and before nine, the window of my shop was listed up, the sash; I was backwards in the shed, splitting some wood, and my wife was in the parlour going into the shop, I was called in by my wife; the window of the shop was listed up, and the cannister and a paper of starch taken through; they stood in the window. Q. How lately had you seen them in the window? - A few minutes before. Q. Did you see at that time any body running away, or any thing? - No, I did not. Q. Is there any body here that see what past? - No, there is nobody here that see what past. Q. Had you seen whether the sash was down before? - Yes, it was down before, we fasten it down with a nail. Q. Was it down when you went backwards to this shed? - Yes. Lane and Cole, the constables, found the cannister. JOHN LANE sworn. I searched the room of the prisoner, I found this cannister, I thought it had rather a suspicious appearance, it was standing on a chest. Prosecutor. I know it is my cannister by the T. R. that I put on it when I bought it before I put my tea in it. Q. What time of the night was this taken out? - Between the hours of seven and nine, being in such confusion I did not take particular notice of the time, for I did not expect I should find the property again. Prisoner Sermon. When they came and searched my room as I was informed, they pulled and hauled, and if the cannister was in my room I know nothing of it. Lane keeps a chandler's shop himself. Q. To Prosecutor. How long had you been out of the shop before you heard the alarm? - Not long, for I brought the wood backwards and forwards as I chopped it up. Stephen Sermon , GUILTY, Of stealing, but not of the burglary . Ann Bromley , not GUILTY . Tried by the second Middlesex Jury before Mr. Baron THOMPSON. 135. STEPHEN SERMON and ANN BROMLEY were indicted for burglariously breaking and entering the dwelling house of William Chace , about the hour of seven in the night, on the 11th of January , and burglariously stealing therein, four silk handkerchiefs, value 16s. a pair of nankeen breeches, value 2s. a flannel waistcoat, value 3d. five muslin aprons, value 5s. a cotton gown, value 3s. a black silk petticoat, value 1s. a silver tea spoon, value 1s. four cotton waistcoats, value 2s. and a linen table cloth, value 1s. the goods of the said Daniel Chace . DANIEL CHACE sworn. I keep a house. On the 11th of January, between the hours of seven and nine, in the evening, I was robbed; I came home about a quarter past eight, and found my house broke open and my drawers; my house is full of lodgers, the upper part, but not downwards. Q. What room did you lock up when you went out? - My back parlour and the shop. Q. That is the part of the house you live in? - Yes. Q. What time did you go out? - Between two and three o'clock, but I had a brother that called at my house at seven and it was all safe then. Q. Then you did not lock the outer door because the lodgers were in the house? - I did not. When I came home I found the door broke open and the lock bent, bursted off, the hold fast of the door bursted off in the passage. Q. You go through your shop to the parlour? - No, through a passage to the parlour. It was my parlour door that was broke. When I got in I found my drawers had been rifled, some were left half shut and some open. Q. Had you locked them when you went out? - No, I had not. Q. What did you miss out of your drawers? - Four silk handkerchiefs, a gown, a pair of breeches, a shirt, five muslin aprons; all the things in the indictment. Q. When did you see any of your things again? - Mr. Richardson that lived in the same street where we do, had a search warrant to search this Stephen Sermon 's apartment, and I went up with him, and found this under flannel waistcoat in his apartment, laying along with a bundle of more dirty things, and I knew it. Q. Of all the articles in the indictment you identify but the under waistcoat? - No. Q. You are sure all the things in the indictment were in the room when you went out? - Yes, every thing was safe when we went out, and they were missing when we came home. Prisoner. I would wish for you to see the waistcoat; the gentleman would willingly have sworn to the waistcoat that I have got on. Stephen Sermon , GUILTY , Of stealing, but not of breaking and entering. Transported for seven years . Ann Bromley, not GUILTY . Tried by the second Middlesex Jury before Mr. Baron THOMPSON . 136. JANE MARTIN was indicted for feloniously stealing, on the 17th of February , five cotton shawls, value 12s. the goods of John Mather . JOAN MATHER sworn. I am a linen draper . Q. Did you at any time lose any shawls from your shop? - Yes, five. Q. What may be the value of them? - Twelve shillings. The 17th of February, the prisoner at the bar along with another woman, came into my shop and wanted to look at some cloth; I shewed two or three pieces, and sold them five yards and a half; after that they wanted to look at some shawls; I shewed them a great many different patterns, I had no pattern that would please them, I missed one pattern of shawls, and by the behaviour of the prisoner at the bar I supposed that she had them; I then called my young man out of the back shop, and sent him for a constable; the constable came, and I gave him the charge of this woman, the prisoner at the bar, and told him that I had a suspicion that she had some of my property, and the constable searched her and found the shawls on her; the constable has got them, his name is Moring. - MORING sworn. I took these three shawls out of the prisoner's pocket, in Mr. Mather's shop, and my brother officer has got two that he found himself. Prosecutor. I know them to be mine by the shop mark. JOHN GASS sworn. I have got two shawls. Q. Where had you them from? - Out of the prisoner's pocket in Mr. Mather's shop. Prosecutor. They are my property, they have the shop mark. Prisoner. My friends were with the prosecutor yesterday, and he promised faithfully he would not appear against me; therefore I have none of my friends ready. It is but five weeks since I buried my husband, and he has left me with two children. A young woman was out of place, and asked me to go with her to buy a shawl, and we drank a little two much, and when I drink a little spirits I have a very bad head, and how those shawls came into my pocket I really don't know. GUILTY . (Aged 20.) Imprisoned one month in Newgate , and fined 1s. Tried by the second Middlesex Jury before Mr. Justice ASHURST. 137. DEBORAH SHEENE was indicted for feloniously stealing, on the 6th of February , a blanket, value 7s. the goods of William Russell . FRANCES RUSSELL sworn. I keep a house in Cartwright-square, close to Tower-hill . It is about a fortnight to-morrow, I went out and double locked the chamber door, the outer door is generally open; when I came home my child says, mother, you have been robbed; and I went up stairs to my room, and I found the prisoner in the room. Q. Did you find any thing on her? - No. Q. Why do you charge her with stealing the blankets? was she an acquaintance of your's? - No, I never see her before to my knowledge. Q. Did you stop her? - I did stop her; I sent for an officer to take her. Q. How did you get at your blanket? - From the pawnbroker's. Q. If you found nothing on her when you stopped her, how was it you had her committed? - I missed the blanket off the bed, and she followed me down stairs, and said, never mind the blanket, and wanted to send for a quartern of gin. Q. Did you miss any thing else? - A candlestick that has never been found. Q. What happened after she was taken up? were any duplicates found on her? - The officer found a great many duplicates on her, but nothing belonging to me; she had made away with the duplicate that she had pawned the blanket. Q. Have you ever seen your blanket, since? - Yes. Q. Have you got it here? - Yes. Q. What is the pawnbroker's name? - Evans. Q. How did you happen to find your blanket? - I had a suspicion that she had carried it to the pawnbroker's, I went to several before I found it out, and at last I found it. Prisoner. I know no more of the blanket than a child unborn; she came to me this morning, and wanted half a guinea of me in the gaol. Court to Prosecutor. Did you go to this prisoner in the gaol? - Yes, I did; I went to see her along with my lodger, Mrs. Connelly. Q. Was she with you the whole of the time you were with the prisoner? - Yes. Q. Now I ask you whether you offered to settle this business if she would give you a trifle of money? - O no, I did not. Q. Then you say, on your oath, that you made her, nor she made you any offer about money? - Never. Q. Did you offer to forgive her this if the gave you half a guinea? - No, nothing of that kind passed. MARY CONNELLY sworn. I am a lodger of Mrs. Russell. Q. Do you know what was lost out of that room? - I do not. Q. Were you there when the prisoner was found in the room? - I was not. Q. Have you seen the blanket since? - I have seen it at the pawnbroker's. This here woman came into my room, it is a fortnight ago to-morrow, she came and stopped in my room, and I went out for a penny worth of wood. Q. Was Mrs. Russell at home or out? - She was out. I left her in my room, and just went over the way for a penny worth of wool. I have known the prisoner ever since I was born, and I never knew any harm of her. Q. How long were you gone? - I was not gone above five minutes; she was gone when I came back. Q. Are you speaking of the time that she was taken by Mrs. Russell in the house, or a different time? - I do not know. Q. You knew that the prisoner was taken at Mrs. Russell's house? - No, not till I went up to the office. Q. What passed when Mrs. Russell went to the gaol to her? - She said, was not she ashamed of herself to give her so much trouble? that was all I heard mentioned. - COURTNEY sworn. I am servant to Mr. Evans, the pawnbroker, in East Smithfield; I know the prisoner, she pawned a blanket with my master, Friday the 6th of February. Q. Did you give her a duplicate? - Yes. Q. Did you ever see her before? - Yes, I have seen her pass and repass. Q. You knew her person then, you have no doubt about the woman? - Yes. Q. Have you got the blanket? - Yes. Q. To Mrs. Russell. How can you swear to your blanket? - I have no particular mark, but I have the fellow to it at home, there is no other mark than the child's piddle on it; I bought it last summer. Q. When you went out did you leave your lodger in your house? - Yes. Q. I find this woman by the account of your lodger was the same day in her apartment? - Yes, the same day; when I went out in the morning I left her at home. Q. Had she a key to let herself in? - Yes, of the street door. Q. What door was it that you found open? - My chamber door. Prisoner. I know no more of the property than a child unborn; nor she never see me there, nor I never opened my lips to her from the time I was born to the time I was taken. Court to Connelly. How does she get her livelihood? - She has got a husband at sea, but she does any handy work that a woman can do, she quilts petticoats, and she has been nursing sick people. Prisoner. I have got a young child six months old, and a husband and two brothers at sea. Not GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 138. THOMAS PARKER was indicted for feloniously stealing, on the 16th of January , five yards of printed callico, value 10s. the goods of Robert Waithman . ROBERT WAITHMAN sworn. I live the corner of Bishopsgate-street, and I have a shop on Holborn-bridge , this property was stole from Holborn-bridge; I know nothing of the circumstances, I can only identify the property. WILLIAM REEVE sworn. I live next door to Mr. Waithman, I am in the collar way. Q. Did you see the prisoner take the property? - I will tell you as briefly as I can. It was the 16th of January, between five and six in the evening, near six, it was after dark; I see the prisoner and two in company with him; I see them standing about the shop window, indeed one of my servants told me they were about; I went out and watched them, and I see the prisoner open Mr. Waithman's shop door, put his hand in and draw a piece of linen from the window; he had it about half way from the window, when I caught hold of his hand, and had a scuffle with him, and dragged him into the shop, and there was a patrol coming by at the time, and he was given charge of him. Q. Describe how this linen was, in a bundle or loose, or how? - It was in the window, as linen drapers generally have for a shew. Q. Was the whole dragged out? - No, it was not, it was a large piece about ten yards, and only part of it was dragged out. Q. Can you say from the situation in which you found him, and from the situation in which it was at the window, that every part was removed from the window? - No, I do not believe the whole was removed, the greatest part was. - CARROTT sworn. Q. Were you in the shop at the time? - Yes, I was. Q. Can you say whether the whole was removed from the window, or only dragged? - I cannot say, I was at the other end of the shop. Not GUILTY . Tried by the London Jury before Mr. RECORDER. 139. JAMES GOOD and JOHN VANDERSALL were indicted for burglariously breaking and entering the dwelling house of John Chadwick and Joseph Thornicraft , about the hour of six in the night, of the 1st of January, and burglariously stealing therein, twenty-seven fruit knives, with silver blades and pearl handle, value 6l. three fruit forks with pearl handles and silver prongs, value 15s. three silver funnels, value 2l. a base metal wax winder, plated with silver, value 10s. three silver handles for knives, value 1l. a pair of base metal snuffers, plated with silver, value 9s. a fish slice, value 2l. two base metal scewers, plated with silver, value 2l. the goods of John Chadwick and Joseph Thornicraft. JOSEPH THORNICRAFT sworn. I am a silversmith , I have a partner, John Chadwick . Q. You both live in the house? - Yes. Q. The house is a joint concern? - Yes. Q. Was your house broke open at any time? - Yes, on the 1st of January, in the evening. Q. Were you in the shop? - I was not. Q. Where is your house situated? - In Cornhill , the corner of Birchin-lane, in the parish of St. Michael's. In the evening after candles was alight; we have a wire which is a safeguard to the window. This I understand from a witness, who is my man, who first discovered that wire taken down, a pane of glass forced, and out of the windows were stole several articles. Q. When did you first discover that? - From the information of my servant. Q. That servant is here, I suppose? - He is. Q. Did you observe that the wire was gone? - I did not before I was informed of it, I observed the articles stole out of the window; I did not take any notice of this for some time, till about a week after I see an advertisment in the paper, that such articles were discovered, and if we would apply to the public office, Worship-street, we should hear of them; I went, and the second time I applied, some of the property was produced at the office. WILLIAM GERARD sworn. I am servant to Mr. Thornicraft, a shopman; about the time I was putting up the shutters in Birchin-lane the glass was broke, to the best of my knowledge in Cornhill. Q. Was it dark or not at that time? - It was dark. Q. Had you candles alight? - Yes. When I came to put the shutters up, and take the wire down, in Cornhill, the first wire was up and the other two were fell down; the one was found under the window, and the other laid over the pavement; there are three wires, and one holds the two others up. Q. How are they fixed up? - There are short pins at the bottom of the wires, that go into the holes where the shutters go. Q. Had you seen them up in the course of the day? - Yes, to the best of my knowledge. Q. Am I to collect from you that any thing had been done to these wires? - No, no more thatn they had been listed out of their places. Q. What past after this? - A gentleman called out, and told me the wire was down, I went out and see they were down, and as I went to take the wire down next the glover's, I saw the pane of glass broke, and all the things gone. Q. How much was it broke? - Big enough for a man's arm to go in. Then I saw the tray that held the knives was drawn close to the pane of glass; which before stood two panes off, or very near, and the things in the tray were gone. Q. When had you seen that tray last? - I had seen the tray in the course of the day. Q. Can you tell what was in that tray? - I know it was full of these silver bladed knives, but I cannot say how many. Q. Were they fruit knives, with silver blades and pearl handles? - Yes. Q. Was there any thing else that you recollect in the tray? - Not in that tray. Q. Do you know of any thing else that was missing, besides these knives in the tray? - No, I cannot say that I do. Q. Was you the first person that discovered the window broke? - Yes. Q. Did you give notice of it? - Yes, I gave notice to my master directly. Q. Have you ever seen any of your masters property since? - No, I have not. Q. Can you swear to any of it? - No, I cannot. Q. Are you shopman now? - Yes. Q. Are you still in the service? - Yes. Q. Do you recollect seeing any thing of either of the prisoners at the time? - No, I do not recollect seeing any thing of them. Q. Did you see any people at all about the window that you had any suspicion of? - No, I did not. JOHN ARMSTRONG sworn. I am constable of the police office, Shoreditch; I apprehended the prisoners, in company with Harper and Blackiter, on Friday, the 7th of January; we searched them, and nothing of this robbery was found on them. Q. Where did you apprehend them? - At the Black Swan, Public house, Wentworth-street, near Petticoat-lane. Q. Did you apprehend them together? - Yes; they went before the magistrate, and was committed, on Monday, the 12th; I received these goods of Esther and Rebecca Seekey, a wax taper light, a pair of snuffers, two silver handles for knives, &c. I received all of Rebecca Seekey but one knife. REBECCA SEEKEY sworn. I live in Woolpack-alley, Houndsditch. Q. Look at the things produced by Armstrong, and tell me whether you gave them to Armstrong? - Yes. Q. How came you to give them to Armstrong? - New Year's Day at night, these two young men came to my house; I think they are the two young men. Q. Had you ever seen them before, either of them? - I never see them, I believe they are the same. Q. Did they come together? - Yes, there were two together. Q. What time was it? - Between six and seven o'clock at night; they brought fifteen fruit knives, twelve silver bladed, with pearl handles, and three were gilt blades, a silver funnel and a plated funnel, a silver fish slice, two silver skewers, three wine ladles, four plated skewers. Q. Had you any fruit forks? - None. Q. Three silver handles for knives, had you them? - Yes. Q. A base metal wax winder, plated with silver? - There it is. Q. A pair of base metal snuffers, plated with silver, is that there? - Yes, it is. Q. Now all the things that you have been speaking to, you gave to the officer? - Yes, I brought them up to the justice's voluntarily. Q. Did you buy them, or lend money on them? - I bought them, I gave four guineas for them. Q. You purchased of these boys, and never see them before? - Never see them before. Q. How came you to deliver them to the officer? Was you taken up by the officer? - No, I was not taken up; Mr. Armstrong came to tell me that there was a piece of work about this property; he said, the justice wanted me, and I told him I would come up. Q. Do you mean to swear to the prisoners, to your belief, or to your positive knowledge? - I have spoke truth as far as I can to my belief. ESTHER SEEKEY sworn. Q. Are you the daughter of Rebecca Seekey? - Yes. Q. How old are you? - Fifteen. Q. See if there is a knife that you know there? - Yes, this is it, I gave it to Armstrong. Q. Is it one with a pearl handle? - Yes, it is. Q. I suppose all the things were given to Armstrong the same day? - Yes, they were. Q. Do you know the day? - I cannot rightly recollect the day. Q. Where did you get the knife you gave to Armstrong? - Two young men came to our house. Q. Look at them, are those the young men? - Yes. Q. Had you seen them before? - Only once or twice before at a dance. Q. Had you spoke to them before? - No, not till they came to our house. Q. Do you believe them to be the same? - I believe they are the same. Q. Can you swear positively they are the same? - Yes. Q. There is a knife that you delivered to Armstrong, did you get that knife from them? - Yes. Q. Was that knife brought to you the same time the things were sold to your mother? - Yes, I came in just then to see my mother. Q. What did your mother give for them, do you remember? - Four guineas. Q. How came you to produce that knife? How came you by that knife? - Because I had it given to me, and I kept it for myself; the young man, James Good, gave it me at the time he sold these things to my mother, he gave it me when I went to light him down the stairs. Q. You believe they are all the same things as your mother bought? - Yes, I believe they are. Q. Which was found first, this knife or the other things? - The other things. Q. What led to the discovery of your having this knife? - After I was taken I told of having a knife given me. Armstrong. The morning that these two young men were first at the office, I observed two girls sitting near them, and I thought it was proper to take charge of them too, this girl was one of the two. Q. Was the mother taken up? - No, she was not, she was sent for down to the magistrate's. Jury to Esther Seekey . Where do you live? - I am servant to David Mendez ; I am his cousin. Q. You don't live with your mother? - No. RACHEL DONAUGHTY sworn. I was at a settled company, a dance, in Harrow-alley, Petticoat-lane, sometime before Christmas, or the night after, I don't know which; a young man in sailor's dress came in and asked me if I would accept of a fruit knife, and I said yes. (A knife produced by Armstrong.) This is the knife, I gave it to Mrs. Martin, and she carried it to the office. Q. Was you taken up? - I was taken up five times before the justice. Q. For what purpose did you give Mrs. Martin that knife? - I gave the knife to her to save for me, and while I was out of the way she delivered it up to the justice, and when I was in the way I went and owned the knife. Q. Who did you receive it of? - I cannot tell whom I received it of; I received it of a young man, I never saw him before in my life. Q. You cannot ascertain whom you received it of? - I cannot. Q. Was it at this dance? - Yes, it was. JOHN RAY sworn. I am an officer belonging to Worship-street. I come to prove what I heard the prisoners say to each other, they were in the lock-up-houses, one in each; there are two lock-up-houses. Q. When was it? - Saturday the 3d of January; I heard Good say to Van dersall, it them two jewelles were stopped they were afraid they would tell the truth; Vandersall said, I have given her a pin to put in her handkerchief. I had seen the two prisoners talking to the two jewesses, the two witnesses, and I immediately communicated what I had heard to the magistrate, and the magistrate sent for the girls through that. Prosecutor. There is only one article I can identify, I believe the whole to be my property, missing at the same time, but only one article has got the private mark. Q. Did you miss articles of that description? - Yes, I knew of the articles that were in the window, I firmly believe the whole to be my property, but this wine funnel has got the private mark. Q. Can you say whether that was in the window at the time? - Yes, I believe it was. Q. Had you pot sold such things with this mark on it? - Not lately. Q. What may be the value of it? - Ten shillings. Q. What may be the general value of all the things that are there that you believe to be your's? What may be the value of the things now produced? - About two guineas; but the woman has sold as many articles as fetched her five pounds fifteen shillings and sixpence. Prisoner Good. When I was taken Mr. Armstrong asked me if I had got any money? I said, a guinea; and he said if I would give him two guineas he would let me go, and because I would not give two guineas he took me to prison and said he would try to get forty pounds by me. Prisoner Vanderfall. I bought a watch at this woman's house. and Mr. Armstrong came into a public house where I was having a pint of beer, and when he searched me he found the duplicates of a watch and ring, and I told him where they were in pawn, and he could find no owner to the watch, and he took me to the office; I don't know nothing of this affair what he took me for now. Court to Armstrong. Did you ask them for two guineas? - No, never in my life to them nor any other man. James Good , GUILTY. (Aged 15.) John Vanderfall, GUILTY. (Aged 17.) Of stealing to the value of 39s. but not of the burglary . Transported for seven years . Tried by the London Jury before Mr. RECORDER. 140. ROBINSON ANSELMO GILLCHRIST was indicted for forging, on the 12th of September , a certain paper writing, purporting to be an order for payment of money, dated the 11th of September 1794, with the name of Thomas Exton thereto subscribed, purporting to be directed to Lord George Kinnard , William Moreland , and Thomas Hammersley , by the name and description of Messrs. Ransom, Moreland, and Hammersley, for the payment of ten pounds to Mr. Brooke, or bearer, with intention to defraud Lord Kinnard , William Moreland , and Thomas Hammersley . A second COUNT for uttering the same knowing it to be forged, with the like intention. A third and fourth COUNTS, for forging and uttering a like order, with intention to defraud Charles Lewis . And a fifth and sixth COUNTS, for forging and uttering a like order, with intention to defraud Thomas Exton . The indictment opened by Mr. Knapp, and the case by Mr. Const. CHARLES LEWIS sworn. Q. You are a breeches maker , and live at Charing Cross? - Yes. Q. Do you know the prisoner at the bar? - I have seen him twice before. Q. Do you know him now? - Yes. Q. Do you remember seeing him any time in September last? - Yes, I believe it to be the 12th of September, it was between seven and eight o'clock in the evening, previous to that he had ordered some goods of me. Q. Where did you see him on the 12th of September? - At my shop. Q. What goods had he ordered? - Three pair of breeches; he called on Friday night, which was the 12th of September, to know if those goods he had ordered were finished, I told him that part of them were finished, and what was not then finished would be finished in the morning; he then asked me what the amount of them were? what they came to; the bill was made out, they came to six pounds four shillings. Q. Did you give him a bill? - I did; he then presented me with an order of ten pounds value; on my looking at it he told me he had it of the same man he had some previous to that. Q. On whose house was it upon? - On Messrs. Ransom's, Moreland, and Hamersley's. Q. Did you take this? - He told me to take the amount out of that bill, and to give him the balance, and I did so. Q. What was the balance? - Three pounds sixteen shillings. Q. Did you give it him? - I did. I kept it till the morning, and in the morning I gave it to the clerk to take it for payment. Q. What time did you see your note again after your clerk had it? - Gillchrist was apprehended before I saw it again; I see it again about twelve or one o'clock at the public office in Bow-street. Q. Was the prisoner in custody then? - He was. Q. Have you got the draft? - Mr. Heslop has it. Q. You are sure the prisoner is the same person that tendered you the draft? - Yes, I am sure of it. Mr. Gurney. You say the prisoner told you that he had that note of the person that he had had a former note? - He did. Q. You had had a former note of him that was paid, signed Thomas Ezton , the same as this, and directed to Messrs. Hammersley's? - Yes. GEORGE TURNER sworn. Q. When did you receive any note of your master? - On Saturday morning, September the 13th, half after nine o'clock, I took it to the banker's to get cash, I see Mr. Heslop there. Q. Did he pay it? - No, he did not. Q. What did you do? - I was detained because it was a forged draft. Q. Should you know the draft again when you see it? - Yes, my name is on the back of it. - HESLOP sworn. Q. I believe you are clerk to Messrs. Ransom, Moreland, and Hammersley? - Yes, I am. Q. Who are the partners at that house? - Lord Kinnard, William Moreland , and Thomas Hammersley . Q. What was their firm? - Messrs. Ransom, Moreland, and Hammersley. Q. Do you know the witness, George Turner? - Yes, I do. Q. Do you remember his coming to you on the 13th of September last? - I do. Q. Did he present any draft to you? - He did. Q. Have you the draft here? - I have. Q. Did you pay the draft? - No, I did not. Q. Who is that draft subscribed by? - Thomas Exton . Q. Did Mr. Exton keep cash at your house? - He did. Q. Do you know Mr. Exton's hand writing? - I do. Q. Is the name, Thomas Exton , subscribed to that draft, Mr. Exton's hand writing? - No, I believe it is not. Q. Is there any other Thomas Exton besides this one keeps cash at your house? - No, only one. Q. To Turner. (The draft shewn him.) Is that the draft you produced to Heslop? - It is. Q. Is that the same draft you received from your master, Mr. Lewis? - It is the very same. Q. To Lewis. Is that the same draft you had of the prisoner at the bar? - Yes, I believe it to be the same. Mr. Gurney to Heslop. On a former draft being presented at your house, purporting to be signed by Mr. Exton, did not Mr. Moreland send for Mr. Gillchrist? - He did. Q. On his so sending for him I believe Mr. Gillchrist came? - He did. Q. I believe on Mr. Moreland's being satisfied, Mr. Gillchrist went away? - I don't know what conversation passed. Q. However, Mr. Gillchrist went away? - He did.(The bill read.) "Messrs. Ransom, Moreland, and Hammersley, please to pay to Mr. Brooke, or bearer, the sum of ten pounds, for your humble servant, Thomas Exton . September 11, 1794." Mr. Const. You say that Mr. Moreland at some time preceding, sent for Mr. Gillchrist, that was not relating to this bill, nor at this time? - It was some time before. Q. It was on other business? - It was. JOHN MILLER sworn. I am an officer of Bow-street. Q. Did you take Mr. Gillchrist into custody? - Yes, on Saturday, the 13th of September 1794. Q. Did you search him? - I did; I found nothing on him, but in his portable desk I found this draft for twenty-one pounds, in one corner, in a little red pocket book. (The draft read.) "Messrs. Ransom, Moreland, and Hammersley, please to pay to Mr. Ryland, or bearer, the sum of twenty-one pounds, for your humble servant, Thomas Exton . September 11, 1794." Mr. Gurney. Where was Mr. Gillchrist's lodging? - No.- , Vine-office-court, Fleet-street. Q. To Lewis. I believe you happen to know that these had been his lodgings for some time past? - Yes, I believe it was. Q. That was his lodging at the time he presented to you the other draft, signed by Mr. Exton? - Yes, it was. Prisoner. My Lord, and gentlemen of the jury, I am now brought on my trial a second time for the same offence; I am advised that it is not the same so far in law, as to entitle me to plead my former acquital; the charge before was for uttering a forged draft for five pounds, with intention to defraud Messrs, Ransom and Co. the charge to day, is for uttering a draught for ten pounds. The jury that then tried me, acquitted me, and I will beg leave to state shortly, as before, the manner in which I became possessed of these bills. As I was lately an officer in his majesty's navy, I was obliged to be often at Portsmouth, I became there acquainted with one Macdonald at the Blue Posts, where I lodged, he did not lodge there but in some private apartments in the town. Almost as soon as our acquaintance commenced he told me he was going to America; among other intercourses, we went together to play at billiards, where at other places as well as at Portsmouth, we played for small sums; I won a very large sum of him at Portsmouth, and he applied to me for fifty pounds, which he lost; and then applied to me for another fifty pounds, and as I had won the greatest part of his money that he had lost since the time of our acquaintance, I lent to him; and I lent him a third fifty pounds. As he was going out of the country I thought it would be proper to have some security, and he said he would give me some bills. In about a week or a fortnight after I went to Northampton, soon after my arrival there he made a remittance to me of three checks, one of five pounds, one of ten pounds, and one of fifteen pounds, all of them drawn by Mr. Thomas Exton on Messrs. Hammersley; I soon after returned to town, and on Sunday the 31st of August, I paid one five pound check to Mr. Lewis's servant, and the other two I sent by a servant to Messrs. Ransom's, the bankers, and all of them were actually paid at the banker's, and no questions have ever arisen on them to my knowledge; from this treatment of Macdonald, I had reason to believe I was treating with a person of honour; on my return to town I met with him at the New Exchange coffee house, when I mentioned to him my desire of having the remainder of the debt being paid, and he gave me three other checks, purporting to be drawn as before, which I immediately sent for payment by a servant, but on their being presented Mr. Moreland stopped them, and desired to see me, and I went immediately to Mr. Moreland, he then informed me that my checks were forged; I then said, I would endeavour to find Macdonald; I informed Mr. Moreland by whom they were paid to me. I did not see Macdonald that night, but I see him some time the next morning at the coffee house, when I stated the circumstance to him, and he expressed a considerable passion, and with apparent resentment set off to go to Mr. Moreland's, and returned in great haste in about half an hour, telling me he had explained the matter to Mr. Moreland's satisfaction, I then thought that the alarm that Mr. Moreland had made on my mind was an unjust suspicion, and Mr. Macdonald then took from his pocket a letter, which he informed me he had received from Mr. Exton, by that day's post, containing two checks signed by Mr. Exton; and they were signed different than those he gave me. I looked at the two last checks, and from the circumstance of the two first checks being paid, I relied on Macdonald's veracity; of these two last checks. one was for twenty-one pounds, payable to Mr. Ryland, or bearer, and which has never been negociated; the other was for ten pounds, payable to Mr. Brooke, or bearer, and which I paid to Mr. Lewis, Saturday, the 13th of September, and I received of him in exchange, three pounds sixteen shillings, and which I understand was presented by him, or his servant, to Messrs. Ransom's, who stopped payment, and I was apprehended on the usual charge of uttering it, knowing it to be forged. I shall here beg leave to call to your consideration, the evidence on the trial for the first indictment, one of the witnesses proved that I paid it to him for money due to Mr. Lewis, for goods, which he then objected to taking, on a supposition that it was not a good one, on which I told him if it was not good I had two others of the same, and to take it home, and if his master did not like it I would take it back, on that I called on him on the Tuesday or Wednesday following for the change, which he gave me, the bill having been paid. It was also proved by Mr. Francis Heslop, that some considerable time after paying the five pounds, on being sent for to Mr. Ransom, I went there without any hesitation; I related the facts as I have to you to day, and so satisfied was Mr. Moreland of my innocence, that he did not detain me, and on the last trial so satisfied were the jury of these facts, that they acquitted me of the crime laid to my charge. I have communicated to you all the circumstances of my first meeting with Macdonald to the present time, and I must here request your particular attention to the times when the foregoing transactions took place. The first checks were paid the latter end of August 1794. On Sunday, the 31st of August, I paid one to a servant of Mr. Lewis's, who objected to take it; my answer was to him, that if it was not good I had two others of the same; in regard to the other three checks which I sent by a servant to Mr. Moreland, the banker's, and who desired to see me, I went to Mr. Moreland's without restraint; Was this the act of a guilty mind? had I a guilty conscience, should not I rather have sled? Mr. Moreland was so well convinced of my innocence that he suffered me to go at large; from Messrs. Ransom and Co. I never sled, but immediately sought after Macdonald, and never changed my lodgings to the time of my apprehension; taking all these circumstances together, is it at all surprising, that any suspicion that I had entertained against Mr. Macdonald should vanish? that I did not question Mr. Macdonald, is certain; that I am not guilty myself, is unquestionable; for if I had known they had been forged, I would not have paid two checks to Mr. Lewis, and after I had done so I would not have gone home to my lodgings, solely to give the prosecutor an opportunity of apprehending me; would any one of you have acted so? surely not. The great difficulty by witnesses to prove the negative, is a hard matter; add to this, I am not twenty years of age, and Mr. Macdonald is a great deal older, and no wonder that he easily prevailed on my credulity. Gentlemen, under all these circumstances, I trust you will not reverse the verdict of the former jury; that you will not inser that to which the facts do not lead you, and consign me to an ignominious punishment, that is to an awful death; it is a maxim of justice, that it is better that many guilty persons should escape the punishment their crimes deserve, than one innocent person should perish. WILLIAM MORELAND sworn. Q. On a bill being presented to your house, I believe you sent for Mr. Gillchrist? - It was on three bills being presented; they were three bills, purporting to be drawn by Mr. Exton; they were referred by the clerk to me. Q. On your sending for Mr. Gillchrist he came? - He did, he came to me on Friday, the 5th of September, in consequence of these bills being presented. Q. Did he state to you when he came, of whom he had received these bills? - He stated he had received them from a certain Mr. Macdonald. Q. Then he made the same representation to you, as he has done to day in his defence? - I told him I believed the bills were forged. Q. From the conversation that took place, you was so far convinced as to let him depart? - The readiness in which he came, the peculiarity of his person, and many other things, there are certain things that impress one with an idea at the moment; on that general impression he went away, to come again on Monday morning, the 8th. Mr. Const. This bill was uttered by this gentleman on the 12th of September, and it was on the 5th of September that this conversation took place, and that was in consequence of three bills coming to your house? - They came in a suspicious manner to our house, by the waiter of a coffee house. Q. He was to return to you on the 8th, did he return on the 8th? - No, he did not. Q. Did he ever return to you? - Never. Mr. Gurney. Mr. Macdonald never came to you? - I know nothing of such a person. Court. Who is Mr. Exton? - He is a clergyman residing in Bristol, and has a living in Somersetshire. GUILTY. (Aged 19.) Judgment respited , On an objection in the indictment, it stating that the bill was purported to be directed to Lord George Kinnard , William Moreland and Thomas Hammersley , by the name and description of Messrs. Ransom, Moreland, and Hammersley. Tried by the second Middlesex Jury before Mr. Justice BULLER. 141. ANN GIBBONS was indicted for feloniously stealing, on the 29th of January , a man's cloth great coat, value 12s. a mahogany tea board, value 2s. a woollen blanket, value 2s. a woollen bed rug, value 1s. a linen sheet, value 1s. a feather bolster, value 1s. and a feather pillow, value 1s. the goods of John Pressy . JOHN PRESSY sworn. I am a housekeeper, I keep the Yorkshire Grey, Bond's-stables, Fetter-lane . Q. Was you robbed of any articles in the indictment at any time? - There are two articles which I can prove, which is a great coat and a tea board; there are many other articles, but them are the two that I can swear to; the prisoner formerly lodged at our house. Q. When did you miss these things? - About the 20th of January. Q. Was the prisoner then a lodger? - No. Some time before the quitted my apartment. The way that I found my great coat to be of her taking, was by a duplicate which was found in her possession, and the tea board was found in the room where she slept. Q. Do you know any thing more than to be able to prove the property? - Nothing more on my part. Q. Did you miss all the articles in the indictment? - Yes. Mr. Knapp. You say this woman lodged with you? - Yes, she had. Q. She is a married woman, I believe? - I don't know that, she has children. Q. Have you not heard so? - I have not heard so particularly, it may be so. Q. How long before this time had she left your lodgings? - I cannot say particularly. Q. Was it a year or two? - O, dear, no. Q. How long do you think, was it a month or two? - I dare say it may be more than a month. Q. Was it more than two months? - I suppose it is full that. Q. Do you think it was three months? - I suppose it to be three months, as high as I can imagine. Q. How many lodgers do you keep in your house? - A good many, there might be a dozen in the house. Q. All these things you found at the pawnbroker's? - The tea board was in her own possession, and the coat at the pawnbroker's. Q. How long had she left you before you missed them? - Three months, as I said before. Q. You say you missed them the 20th, how little while before that had she left your lodgings? - I suppose nearly three months. Q. And you had several other lodgers in the house? - Yes, a dozen at least. Q. What sort of people are they? - Working people, respectable people, one is a taylor, and some other businesses. Q. You don't know exactly the time you missed them? - I cannot say exactly. Q. Nor how long after she was gone? - The coat I had hung up, and missed it in three or four days. Q. Did she use to come backward and forward to your house after she went away? - Not that I see. Court. You have told me about the tea board in her possession, where was that in her possession, did you see it yourself in her possession? - Yes, in her lodgings, at Mr. Hayworth's, at the Swan, in New-street-square. Q. How soon was it after you missed these things, that you saw this tea board? How soon after the 20th of January? - I cannot say that I made any particular memorandum; I did not miss it at all till she was taken up, and her lodgings searched. Q. Did you ever see her at these lodgings? - I never see her at these lodgings till the constable went with me. Q. Did you take her up in these lodgings where the tea board was? - Yes, I did. MARY PRESSY sworn. Sometime ago the prisoner came and took a lodging at our house, and was there two or three days, and went away, being detected stealing a candlestick of my lodger, and she took away part of my furniture then. Q. How long was it before you missed the things, that she lodged with you? - After she left the place I naturally went into the room, to see if there was any thing missing, and I missed a great many things. Q. Did you find any of these things on her? - I found a rug on her bed, a sheet and a tea board. Q. When did you find this rug on her bed? - I believe it was the 20th of last month, I think it was. Q. Did you find any thing else? - Nothing else belonging to me, but a ticket. Q. Do you mean a duplicate? - Yes. Q. I see there is a woollen blanket, a feather pillow and feather bolster; do you know any thing about that? - They were lost a great while ago, my servant can tell better about that; they were found at the pawnbroker's. Mr. Knapp. You say you had oceasion to look into her room that you had let, then it was you missed these things? - No, I missed these things since she left my apartment. Q. How soon afterwards? - Lately, last month. Q. You missed things before? - I missed a blanket and bolster before, but I did not think it worth while to seek after them. Q. All these things were let by you with the lodgings? - About a few nights before she was taken with the things in her apartment. Q. Will you have the goodness to attend me? - Did you let your lodging to any body after the prisoner went from it? - Yes, I did to be sure, to a single man, the same man is there now. Q. Whether these things that you complain of being taken at the time you let the room to the man, were in the room or not you cannot tell? - They were in an hour before. Q. You remember the prisoner going away? - Yes, about two months ago, or more. Q. How long has the single gentleman been your lodger? - I cannot recollect, he came a few days before the prisoner was taken up. Q. How long were they unlet to any body? - I cannot tell, there might be somebody have lain in them for a night. Q. Recollect how many lodgers you had in the course of the time the woman went away, down to the time the young man took the lodging? - Upon my oath I cannot recollect, I don't know that any body slept there but the young man, except my children. Q. How often are you paid for your lodgings when you let them? - By the week, when I can get it. Q. Upon your oath did you receive any hire for your lodging, between the time that woman left it, and the young man took it? - Except I might let it for a night if a person wanted a bed, there might be a gentleman now and then come to sleep one evening or so. Q. Your's is a public house, is it not? You take in any body who say they want a bed? - No, not any body. Q. If any body comes and sups at your house, and has a pot or two of beer, and wants a bed, you let him have a bed? - Not without they are recommended. Q. If they are recommended don't you let it for one night? - Very seldom for one night. Q. Will you swear to the jury, that during the time the young woman went away, down to the time the young man took the lodgings, you might have let the lodgings at different times to different persons? - No, not them lodgings, there was nobody that slept in them but the children, that I can remember. Q. I wish to know whether these things were lost during the time that she had your lodging, or was it afterwards? - It was afterwards. Q. Had you an opportunity of seeing your things afterwards? - I found them in her apartment; I missed them when the young man was going to bed, which was the 19th of last month. Q. Not missing them till then, will you swear the exact time when they were lost? - They were stole about five o'clock, while I was at tea; the young man went to bed sooner than ordinary, and I missed the things. Q. I know you missed them and found them, but I want to ask you this question, which I think is a very plain one; if you only missed them the 19th, the young woman was gone then three months, how can you say when they were gone? - I say some of them where gone when I made the bed that afternoon. Court. Do you mean to say that on this 20th of January, all the articles were there? - I see the sheet, the rug, the tea board, and the ticket of my husband's coat. MICHAEL DAVENPORT sworn. I am an officer of the city of London. On the 5th of the present month Mr. Pressy came, in order to obtain a search warrant; I went with him and searched the lodgings of the prisoner, at the house of Mr. Hayworth's the 5th of February; I found a pocket book containing of upwards of seventy duplicates; in searching over the duplicates Mr. Hayworth owned some of the goods to be his, and Mr. Pressy said that a great coat was his, and likewife a blanket. Q. Then there were two duplicates of Mr. Pressy's property? - Yes, and likewise on her bed was a sheet which Mr. Pressy said was his, and likewife the rug on the bed, and the tea board, and another duplicate we found afterwards, of a bolster and pillow together. Q. Have you kept the sheet, rug, and tea board ever since? - Yes. Q. Produce them. Mr. Knapp. I believe this woman is a married woman, is not she? - I have heard such. Q. This was the lodging of herself and her husband? - I don't know nothing about her taking the lodging, I don't know any thing more of the lodging, than I found her at the room. Prosecutrix. This sheet I know, it is my own mending, the rug I brought from I slington; the tea board I broke two pieces out of it myself. Mr. Knapp. You tell us just now that one of the articles you mended? - The sheet. Q. How long ago? - A great while ago. Q. How many years? - I cannot say as to years. Q. Might it not be two or three years? - I don't think it was so long as that. Q. Do you mean to swear to every old thing that you have in your house? - No, I do not. Q. Do you mean to swear to this old thing, mended and patched, whether you mended it six months ago, twelve months ago you cannot tell? - The value of the sheet is not worth swearing to. Q. But you mean to swear to it from having darned it? - It is mended. Q. Did you do it yourself? - I did. Q. Do you mean to swear to every piece of work you do? This is an old thing? - Old things must not be thrown away. Q. What do you say to the rug? - I cannot swear to the rug. Q. How long had you had the rug? - I cannot justly tell how long I had it. Q. Whar is that rug worth? - What you please. Q. I don't want a rug at present; but what do you charge for it? - A penny. Q. What do you say to this tea board? It is a very common thing to be sure at every public house; I dare say it never happened to you to see a tea board broke so. I dare say you never had the misfortune to break a tea board in this way? - That is my tea board, I can swear to it. Q. Did you ever see a tea board notched in this way? - I have seen that many a time, and many a comfortable dish of tea I have had off from it; if I had not lost more things than these, I would not have been here. Q. How many notches do you mean to swear to here? - Two. Q. So that there is no mark or name, only these notches on it? - And is not that enough? Court. Did you find the things the day they were missed? for the officer says he found them on the 5th of February. Did you find them the day they were missed? - No, I did not; they were found last Tuesday fortnight. WILLIAM WAKELING sworn. I am a linen draper. Mr. Pressy came to me, on the 5th of February, to inform me that he had been robbed, and Mr. Davenport and I went to the lodgings. Q. Whose lodgings were they? - I found the prisoner at the bar in the room, in bed with two children. Q. Did you find any property there belonging to Mr. Pressy? - This rug and sheet, and tea board, and the pocket book with the duplicates. Mr. Knapp. This woman is a married woman, is not she? - I have heard as much. Q. This lodging is the lodging of her and her husband? - I don't know that; the husband was before the alderman, he said it was his wife, but he had not lived with her for four years. JOSEPH TURNER sworn. I am servant to a pawnbroker; I produce a great coat; I am not certain of whom I took it in. Q. To Davenport. Shew him the ticket of the great coat. Turner. This is the duplicate of our house given with the great coat. Mr. Knapp. I see this duplicate is dated the 16th of January 1795. I believe your are servant to Mr. Rochsord? - Yes. Q. He has a good deal of business? - Yes, he has. Q. You don't mean to swear to this prisoner? - By no means. Q. This great coat was pawned the 16th of January, the day the duplicate bears date, which is previous to the 20th of course? - It is. JOHN NOBLE sworn. I am servant to Mr. Fleming; I took in a blanket of the prisoner at the bar, on the 5th of August, and delivered it up to the person that claimed it before the Lord Mayor, Mrs. Pressy. Q. You art sure to the person of the prisoner? - Yes, I am sure. Mr. Knapp. You are sure it was the 5th of August 1794? - I am certain it was. Court to Davenport. Have you got the duplicate? - No. Q. To Mrs. Pressy. Have you the blanket here? - Yes. Mr. Knapp. Do you recollect whether the prisoner at the bar was in your house the 5th of August? - I cannot recollect. Q. To Mr. Pressy. Do you recollect whether the prisoner was in your lodging in August last? - I believe she was; I will not be positive. Court to Mrs. Pressy. Was this blanket one that was let to her with her lodgings? - It was. Q. Was the rug? - No. Q. The sheet? - No. Prisoner. I went on the last Tuesday in November, to take Mr. Pressy's lodgings, and I left it on the 2d of December last; I was but one week in it, and I never went to the house after that but once, and that was when I went to demand my things that were there, and to pay them my week's rent. As to that blanket I pledged it the 5th of last August for to pay earnest for lodging; and the bolster and pillow were in pledge a twelve month, and I fetched them out, and being short of money, I pledged them again the latter end of September, or beginning of October, I cannot tell which. There is never one of the articles that Mrs. Pressy ever saw with her eyes till she see them after I was taken. Mr. Knapp. There is no doubt that if the jury are satisfied that the things were pledged during the time that she lodged in this house, they are not the subject of this indictment. Court. But she must make that out. Prisoner. As to the rug, I have had it four years; the sheet I don't know how many years; and the duplicates I found in Clare-market; and I never went to see after any of the goods, my husband said they were nothing to us. GUILTY . (Aged 41.) Transported for seven years . Tried by the second Middlesex Jury before Mr. RECORDER. 142. WILLIAM PEARCE and WILLIAM CHANDLER were indicted for feloniously stealing, on the 22d of January , seven quarters of oats, value 1l. 19s. the goods of William Morley . The case opened by Mr. Knowlys. WILLIAM MORLEY sworn. Q. I believe you are a corn factor ? - Yes. Q. Had you any warehouse to deposit corn in at Mill Bank , on the 22d of February? - Yes, I have had that place for some years; I believe all I can say is that the property that was there is mine, and I never gave any orders to these people; I always send my orders to Mr. Dunning, my granary man. Q. Do you know who Dunning employs? - I do not, he sometimes employs a hundred people, I leave all that to Mr. Dunning. HENRY DUNNING sworn. Q. I believe you are the person intrusted by Mr. Morley with his corn at Mill Bank? - Yes. Q. Do you know either of the prisoners at the bar? - Yes, William Pearce has worked for me and my father about two years and a half. Q. You have employed him on Mr. Morley's premises there? - Yes. Q. Were there any grain on the 22d of January, in Mr. Morley's premises at Mill Bank? - Yes. Q. What day of the week was it? - I do not recollect. Q. Did you miss any corn from there? - I sent William Pearce and William Everett to load Mr. Gant's waggons on the 22d of January. Q. Had you any order for that? - Yes, I had, from, Mr. William MOrley , to let Mr. Gant have it. Q. What was the quantity to deliver? - Upwards of five hundred quatero; housed to send for twenty or thiety quarters a day. Q. What quantity was to be delivered on that day? - They were to deliver thirty-four quarters. Q. Was that the only order for that day delivered to them? - It was, there was no other delivered to them that day. Q. Was Chandler any person employed by you at any time? - No, I never see Chandler before I see him the night he was taken. Q. Do you know whether any corn was missing from that place? - When the bulk of corn went away, the quantity that was in that warehouse was cleared away, there appeared to be a deficiency of fifty-two quarters and four bushels; it was cleared away in two or three days. The quantity was six hundred and one quarters when landed, and when it came to go away it was fifty-two quarters short of that. Q. After Pearce had delivered this quantity that was ordered for Mr. Gant, was it his business to stay in the warehouse, or quit? - I gave him orders to stay in the warehouse till six o'clock at night, left Mr. Gant might send for more. Q. But no more than the thirty-four quarters were sent for by Gant? - No, not that day. Mr. Gurney. You superintend this warehouse and employed a number of hands to deliver out the corn? - I do. Q. In what manner do you give them the order? - I give them a written order and tell them who are the persons that are coming for the corn, and the persons that come for the corn bring a written order. Q. On this occasion, there was a bulk called Mr. Gant's bulk? - Yes. Q. You had desired Pearce to deliver out a quantity to Mr. Gant? - He did. Q. Mr. Gant sent different carts and waggons for that quantity? - He did. Q. Was you there when it was delivered? - No. Q. Then you don't know what carts or what waggons he sent, or what persons he sent? - I do not. Q. Do you mean to say that corn has not been given out without a written order? - Never without I give a verbal order. Q. Now in the case of Gant; Mr. Gant was a person that bought a great quantity of you; in such a case it was possible to have corn delivered without having a written order? - He gave an original order at once. Q. Do you mean to say that for every small quantity there was a written order given? - It always was, except it was a person that had corn frequently, that was known perfectly well. Q. Then in a case like that of Mr. Gant's it has happened? - Yes. Mr. Knowlys. That delivered to Mr. Gant, was it delivered by written order or not? - It was delivered by written order. Q. Therefore there could be no verbal order in the case of Mr. Gant? - There could not. Court. The quantity that was delivered to Gant that day was delivered by a written order? - It was. Q. The question I put to you is this, If such a man who had corn often, if he had applied to Pearce without your knowledge, whether Pearce would have been justified in letting him have it? - Mr. Gant would have sent down a note by him at night. Q. The question is, if in that day Mr. Gant having received all according to the written order, had thought fit to have sent Pearce an order, would he have been justified to have sent it? - If Mr. Grant had sent him he would have delivered it, because I had shewn him the original note; he would not if the original note was complied with. Q. Supposing it was a customer of the house sent for corn, would Pearce have given it out without your knowing it? - No, he would not. Q. Suppose a customer had applied for corn, and Pearce had sent it, what would that customer have done in the course of the day? - He would have given Pearce an order, he would not have delivered it without an order. Q. Did you ever know him deliver any without a written order? - No, not without he had an order of us. Q. This order not being complied with would Pearce have delivered it on a verbal order? - If he had delivered it on a verbal order he would have given me an account at night. JAMES PARTINGTON sworn. I am a carter, drive a cart. Q. Do you know Pearce? - Yes. Q. Do you know where he worked? - No, I know no further then when I went with the cart. Q. Where did you go with the cart? - To Millbank, Westminster, just by the ship, the gateway. Q. What did you go with the cart for? - For five quarters of corn. The man at the left hand side, standing at the bar(Chandler) he came to hire the cart, he went with me and came back with me. Q. Who did you get the corn of? - That man, Pearce helped up the sacks, and Chandler wheeled it to me; it was the ground floor, about even with the tail of the cart. Q. Do you know what corn it was? - Oats. Q. How many sacks were there? - Fifteen. Q. When they were put into the cart, you say, I think, one lifted them up and the other wheeled them to the tail of the cart? - Yes. There were three people concerned in it, but the other is not taken. Q. When you got them to the cart where did you go, and who went with you? - Chandler went with me to the Three Horse Shoes, Grosvenor square. Q. Do you know who kept the Three Horse Shoes? - A Mr. Dunn. Q. When you got to Dunn's house, what became of the oats? - The oats were taken up into a room, a granary house. Q. Who was present when they were delivered? - Chandler. Q. Who was present to receive them? - Mr. Dunn. Chandler backed them to the tail of the cart to me, and I carried them up to Dunn's premises. Q. Were they all delivered to Dunn's premises? - Yes, them fifteen sacks. Q. Are you sure that Pearce and Chandler were the two that delivered the corn to you? - Yes, I am. Mr. Gurney. What goal do you come out of? - I come out of no goal; I hope I never shall. Q. Who first told you to charge Pearce with this? - There was nobody told me; I never had any orders to challenge any body. Q. If you don't convict somebody else you may be charged yourself; you carried the oats, you took these oats, therefore if you do not charge somebody else you may be put in prison yourself? - I cannot charge any body else. Q. Who was with you? - Nobody but these two, and the other man that is away. Mr. Knowlys. It is supposed that you have been charged with this offence, has any body charged you with dishonesty in the transaction? - Never nobody. Q. You attended there as carman to do your master's business; you received the money, and accounted with your master for it? - I did not take the money, my master did. Q. Therefore you derived no profit of it? - Not a halfpenny. JOHN DUNN sworn. Q. I believe you keep the Three Horse Shoes, James-street, Grosvenor-square? - Yes. Q. Did you at any time purchase any oats of any body? - Yes. Q. Is your's a public house? - Yes; I keep a public house, and am a stable-keeper. Q. Was any corn brought to you in the month of January? - On the 17th of January there was a man came down the yard, whose name was Woolley, who was originally a stable-keeper, he calls up, do you want any corn? Q. Did you, on the 22d of January, receive any corn? - Yes. Q. Should you recollect the carman who brought it? - I know him perfectly well, James Partington. Q. Do you know the person who came with him with the corn? - Yes, Mr. Chandler. Q. How much was there of it? - First of all I bought of Mr. Chandler on the 17th of January - Q. We must not go to that. What did you buy on the 22d? - I did, not buy this on the 22d of Mr. Chandler, I bought it of a Mr. Catling. Q. Was that the corn that Partington brought? - Yes. Q. Do you know who Mr. Catling is? - No, I never see him but that time. Q. When was it you see Catling about that corn? - To the best of my recollection, I cannot say whether it was a day or two days before it was delivered. Q. When it was delivered Chandler came with it on the 22d? - Yes. Q. Who did you pay for it? - Mr. Chandler. Q. Do you mean Chandler at the bar? - Yes; this is the receipt that Mr. Chandler gave me for it.(The receipt read by the Clerk of the Court.) "Received 22d of January 1795, of Mr. John Dunn, the sum of six pounds nine shillings and sixpence, for seven quarters and a half of oats, at seventeen shillings a quarter, for the use of William Catling . William Chandler . Witness, L. W. Higginson." Q. Did you see Mr. Chandler write that? - Yes, it his own hand writing at the bottom. Mr. Gurney. You never see Pearce in this transaction? - No, I never see him at all. Prisoner Chandler. I wish to know whether Mr. Dunn did not come to me the Saturday after I sold the corn, and he said, he believed it was stole? I said, I had nothing to do with it, I only acted as a servant. Mr. Knowlys to Dunning. Where is this warehouse: at Millbank situated? - Next door to the sign of the Ship, on Millbank-row; you go down the gateway to it. Mr. Gurney. Is there any other in partnership with your master? - No, only his son. Q. To Mr. Morley. Have you any partner? - My son has nothing to do with that article; he had no interest whatever in that corn. Prisoner Pearce. I leave it to my consel. Prisoner Chandler. Catling came to me to know if I would help him with some corn; I went with him to load this corn, and he desired I would wait and receive the money, because he was going another way; he said, he bought the corn at Boston, in Lincolnshire; he said I should not want for victuals and drink, if I would help him, and he would give me for my trouble besides, for helping him with the corn, half a crown; I gave a direction to Mr. Dunn where I lived, and after I had received the money for Catling, I went and paid him at the sign of the Crown, in Holborn; Mr. Dunn, on Saturday, came to me, as I had given the directions where I lived, and after I had received the money for the corn, and he said, he believed the corn was stolen; I told Mr. Dunn I had no business with it, as I was only hired, I knew nothing of it, and that was on Saturday, and on the Thursday after, in the same place, I was taken up on suspicion of being concerned in it. THOMAS HAMSON , one of the jury was sworn, who knew Chandler for five and twenty years, in whose house he lodged at the time he was taken up, and who gave him a very honest character, and said he was a slater. The prisoner also called another witness who gave him a good character. The prisoner Pearce called three witnesses who gave him a good character. William Pearce , GUILTY . (Aged 34.) Transported for seven years . William Chandler, Not. GUILTY . Tried by the second Middlesex Jury before Mr. RECORDER. 143. ELEANOR otherwise ANN GIBSON, otherwise, POWELL , was indicted for feloniously stealing, on the 29th of January , twenty-nine yards of flannel, value 1l. the goods of William Bennett . WILLIAM BENNETT sworn. I am a silk mercer . On the 29th of January I was informed by a person, that a woman had taken a piece of flannel from my door, immediately I ran out of the house, and ran after the woman. Q. Who was the woman you ran after? - The prisoner at the bar, I ran after her, and took her, and took the flannel from under her long scarlet cloak myself, and had her committed, from the office in Great Marlborough-street. Q. Whose flannel was it? - My own flannel, there is my own shop mark on it, it is twenty-eight yards. Q. You are sure you had not sold that piece with the marks on? - I am sure I had not. Q. How long before had you seen it? - I had seen it a few days before. Q. Have you kept it ever since? - Yes. Q. Produce it. What is the mark on the flannel? - S. C. JEFFREY JOLLY sworn. I live with Mr. Bennett. On the 29th of January, Thursday or Friday, I put this flannel out at the door, as we usually do, in the morning about ten or eleven o'clock. Q. Did you see the woman take it? - No. Q. What time did you miss it at the door? - About four or five o'clock. Q. Did you see it on the woman? - Yes. Q. Where is your master's house? - No. 100, Oxford-street; I was informed that it was gone, and I ran out after the woman, and see the prisoner at the bar turn round with this piece of flannel under her cloak; at that time my master came up and took it from her. Q. Has your master kept it ever since? - Yes. Q. Is that your master's property? - Yes. Prisoner. I did not take it, it was the two boys that took it, and I was taking it from them, and they ran into the shop, and told them that I was taking of it. GUILTY . (Aged 22.) Recommended by the jury. Imprisoned twelve months in the House of Correction , and fined 1s. Tried by the first Middlesex Jury before Mr. RECORDER. 144. ANN ROD was indicted for feloniously stealing, on the 28th of January , a pair of linen sheets, value 3s. a pair of blankets, value 4s. a flat iron, value 10d. and two bed curtains, value 4s. the goods of Jeremiah Connolly , in a lodging room . JUDITH CONNOLLY sworn. I am a married woman, my husband's name is Jeremiah Connolly . Q. Did you let a lodging to the prisoner at any time? - Yes, on Christmas Eve she came to lodge with me. Q. What was she to pay you for your lodgings? - Half a crown a week. Q. Where is your house? - In Steward's-rents, Drury-lane . Q. After she had taken the lodging did you miss any property? - Yes, she left them on Wednesday, and on Thursday I missed the goods, I went and found the door open. Q. How long did she stay there? - About a month. Q. When did you first miss your things? - She went away last Wednesday was three weeks. Q. When she went away did she give up the key? - No, she did not. Q. After that time, when you found she had left the room, did you miss the articles in the indictment? - Yes, I did, the very day after she left the room. Q. Have you ever seen any of the things since? - Yes, she gave the duplicate up when I took her to the justice; I found her in Rathbone-place, in a public house, on the Saturday after, she left me on the Wednesday, three days before. Q. How many duplicates did she give you up? - Five I think it was, she lost one of the duplicates. Q. Did she say she lost one of the duplicates? - Yes, and the man owned to the goods. Q. Had you at this time told her it would be better for her to give you the things? - Yes, I told her so, and she said she could not. Q. Did the pawnbroker produce the goods? - Yes. FRANCIS STYLES sworn. I produce a flat iron. Q. When was this pawned? - The 26th of January, I don't know it was the prisoner pawned it. Prosecutrix. That is my iron, I know it by the mark, there is no letter on it, but I know it is my iron. Q. How long had you had it? - Half a year. Arthur Keating was called on his recognizance. Prisoner. These things that were pledged, were not pledged by me, though not without my knowledge; there was a week's rent due, and I told her I was only going away for a couple of days, and meant to go back, and take the things back again. On the Saturday following she took me in Rathbone-place; she knocked me about the street, telling every body I had robbed her; when she took me to Bow-street, she said, if I would pay her a fortnight's rent, she would do nothing with me. On the Thursday following Mr. Connolly said, if I would release the things and pay the rent for the time I was absent, he would not prosecute me; I could not do it, I sent to my sister to do it, and she was willing to release the things, but not to pay the rent. Not GUILTY . Tried by the first Middlesex Jury before Mr. RECORDER. 145. JOHN WARREN was indicted for burglariously breaking and entering the dwelling house of John Hodge , about the hour of ten in the night, of the 5th of January , and burglariously stealing therein, a feather bed, value 12s. a feather bolster, value 1s. a cotton coverlid, value 1s. a pair of linen sheets, value 2s. and a blanket, value 1s. the goods of the said John Hodge . JOHN HODGE sworn. I live in Drury-lane . Q. Was your house broke open? - It is not my house, it is my house that I have to let out. Q. Do you ever sleep there? - No. Q. Had you any servants to sleep there? - No. Q. You have two houses, and inhabit both of them? - Yes. Q. What do you live in both? - I do not live in that. Q. I asked you if you inhabited both of them, and you said, yes? - One of them I do, and the other I let. Q. That which you inhabit, was that broke open? - No. Q. It is laid here that they were guilty of a burglary in your dwelling house? - It was not in the house I live in. Q. Did you ever lose any of your goods? - No, they were moved. Q. Who lives in the house? - There are several people in the house, but nobody inhabited that room, there were several lodgings let in different apartments. Q. Which room was it that you lost this furniture from? - The one pair of stairs room. Q. What was it you lost out of this room? - A bed and bolster, a pair of sheets, blanket, and coverlid. Q. What reason have you to charge the prisoner of stealing these things? - I was not at home when this affair happened. MARY HODGE sworn. I am the wife of the last witness. Q. What do you know about the prisoner having taken any of the furniture? - I was informed that a bed of mine was being moved; it is not the house that we live in, but let out to lodgers; the prisoner ran away, and in the passage I found my bed and bed clothes. Q. Did you find him in the act of running away? - I did, I found nothing on him. Q. What did you lose besides the bed? - I did not lose any thing, they all lay in the passage, because he was standing by the door, and he gave me a push and he ran away. Q. Were you standing outside of the door? - I ran out from my house, I was told by a woman of it, which woman I have not been able to get as a witness. Q. You did not see any of the things moved? - I did not see any of them moved. Not GUILTY . Tried by the first Middlesex Jury before Mr. Justice ASHURST. 146. MARY SPARKS was indicted for feloniously stealing, on the 6th of January , three linen aprons, value 3s. a linen table cloth, value 3s. a muslin neckcloth, value 1s. a muslin cap, value 1s. a linen gown, value 3s. and linen handkerchief, value 4d. the goods of James Campbell . JAMES CAMPBELL sworn. I live in the Broad way, Westminster , I am a victualler . Q. Did you lose any linen the 6th of last month? - Yes, these things were all away between the hours of seven and eight, a table cloth, three aprons, a gown, and a half handkerchief with my name on it, and a pocket handkerchief, and a cap with double borders. Q. Do you know where these things were on the 6th of January? - They were put in a clothes basket to be washed, by my wife. Q. Is your wife here? - No. Q. How do you know she put the articles in the clothes basket? - I know because she always, on Tuesday morning put the clothes in the clothes basket. Q. Did you see her do it? - I did not. Q. Why did not she come here? Is she not well? - She is well, but has a large family. I see the things again at the police office, Westminster, after the prisoner was taken up at her lodgings. The prisoner was a servant to me, she lived in my house. Q. Because you speak of her being taken up at her lodging? - She took a lodging after she left me. Q. When did she leave you? - On the 6th of January last. Q. Was she with you in the forenoon? - She was, till between six and eight at night. Q. She left your house that night? - She did, about twenty minutes before eight, I went out and I left her in the house, going backward to the wash-house with some dishes to wash up; I went out to go on my duty, as I belong to the patrol of St. Bride's parish; I went out to go to the watch-house, then my wife called her in. Q. You must not tell me what your wife said, I thought you knew better. - I know no further. My wife sent for me home about two or three minutes, before the clock struck eight, and I came home. Q. When you came home was the prisoner there? - No; mor I did not see the prisoner from that night till the Saturday following, this was Tuesday, and on the Saturday following I see her and apprehended her. Q. Where was she when you did see here? - In the Broad way, very near the police office; I see her, and I stepped up to her, and said, Mary, what made you run away, and take away so much of my property? she made me no answer; I took her home to see if she would confess. Q. Did you give her any information that you would forgive her if she would confess? - I am very sensible that I did not; I took her home, she would not speak to me, and she went into the back parlour to my wife. Q. Did you hear what she told your wife? - No. Q. She said nothing to you? - No, but to my wife; then I took her from my apartment to the police office, and in taking her I see my half handkerchief tied about her head, with my name on it. Q. How long before this had you seen this handkerchief of your's? - I had seen it almost every day, but being cold weather I did not wear it. Q. How long before the Tuesday that she went away? - I suppose two days, I will not say exactly, I suppose it might be about Monday that I put it off my neck, and throwed it among the dirty linen. Q. Did you see any thing else? - The constable was sent with me to the lodging, and found the rest of the things in her apartment. Q. Where were her lodgings? - At the top of Peter-street. Q. How do you know they were her lodgings? - The woman that she lodged with was with her, and she says, what is the matter you have taken up this girl? I said, she was a thief, I have taken her up for thieving my property; says she, she has come to lodge with me, and I will not go home to my house till you get an officer to come and search the lodging. Q. Did the prisoner hear her tell you that she had come to lodge with her? - Certainly she did. Q. It was in her hearing that you said the woman should come and search her lodgings? - It was. Q. Is that woman here? - No, she is not. Q. Who went to search the lodging? - An officer, he is not here, I went with him and the landlady. Q. What part of the house did she lodge in? - The one pair of stairs front room. The officer searched the room, and found the different articles that are mentioned. Q. You was present? - Yes; two aprons were found in the room, and the cap was sent out to be washed, and the gown cut into a bed gown, and the handkerchief and the table cloth; the prisoner was not by when the room was searched, she was confined in Tothillfields, directly after we went to Tothillfields, we went back to search the house. Q. What became of the things that were found? - Here they are. Q. To whom were they delivered? - They were in the hands of the officer, and as he is bad a bed, and cannot be moved, he begged of me to take them; I am able to swear that they are my things that we found, and that they are my property. Q. Did the constable go before the grand jury? - Yes, he is bound over, that was the session before this, she was sick the last session, and could not be tried.(The things produced.) Q. You had no expectations that she would go away at that time? - No. This is the apron, I can swear that this is my wife's property; I know the check, I know her to wear them a long time. Q. Can you speak to them as well as your wife? - Yes, I can. Here is a gown I bought five years ago; she cut it up into a bed gown, but I can speak to its being the same gown, though it is cut up; I know it by the colour; I can swear to it that it is my wife's; there is no mark on it except the print. This is the double bordered cap, I know it is one of her caps, it is rather the worse for wear. This is an apron that I can swear to, it has got a slit in it, there is no mark on it. This is the half handkerchief with my own name on it; this is what the constable took from her head at the office, I see him. Q. Has it the name at full length? - No, only two letters, S. C. I can safely swear to its being my property. Here is the table cloth; the constable found it between the bed and bed tick, this large table cloth; I see my wife go out to buy it about a fortnight before it was taken, it has no mark, but I know it, I put it on the large table in the shop. Q. What do you keep a eating house? - Yes. Q. How lately had you seen any of these things except the neck handkerchief? - I had seen the table cloth on the table that very afternoon that she absconded. Prisoner. Mistress took me into the room and promised me if I would tell every thing she would forgive me. Court to Prosecutor. You saw the prisoner in the Broadway, in company with the woman that she lodged with; was it after that you took the prisoner to your own house? - I took the woman and prisoner both at once to my house, and the woman told then where she lodged. Q. Did she tell before you took her to your wife? - She did. Not GUILTY . Tried by the first Middlesex Jury before Mr. Baron THOMPSON . 147. THOMAS KIDMAN was indicted for feloniously stealing, on the 16th of February , four linen shirts, value 1l. 10s. five muslin neck handkerchiefs, value 1l. two silk waistcoats, value 1l. 10s. five satin waistcoats, value 5l. two cotton waistcoats, value 3s. a pair of buckskin breeches, value 3s. a pair of black worsted breeches, value 1l. four pair of worsted stockings, value 8s. three pair of silk and cotton stockings, value 10s. two pair of shoes, value 10s. fifteen tin moulds, value 15s. two pair of steel pincers, value 4s. four wooden lathing pins, value 4s. a flannel bag, value 4s. a silk muff, value 5s. a shaving box and brush, value 2s. three linen napkins, value 9s. three printed books, value 3s. and a pair of saddle bags, value 10s. the goods of John Ruddle . JOHN RUDDLE sworn. Q. Did you at any time lose any property? - Yes, on Monday night last, at half after eight o'clock, it was left by the coachman at the Saracen's Head, he took it at the Saracen's Head, Snow-hill . Q. You heard the indictment read, were all those things taken there, four linen shirts, &c. &c.? - Yes. Q. What was the value of all the things? - They are all valued. Q. Can not you form a guess what the value was? - About twenty-five pounds. Q. Now tell us where these things were? - We gave a man a couple of pence to get a coach to put these things at the Saracen's Head, Snow-hill, and told the coachman to drive to the pump in Piccadilly; when he came to the pump he came down, and I got out of the coach to pay him, I gave him half a crown and told him to give me a shilling change; he said he had no change to give me; and I went about five or six yards off to a light to give him some change, for fear of giving him a guinea, and he took the saddle bags and things, while I went to the light to get the money for him; I left the coach door open and the coachman against it, and when I came back to give him the eighteen-pence he told me they had stole my saddle bags and gone off with them; I told the coachman to look after them; the coachman said, go and look after them yourself, I don't know where he is gone; I said I would insist on the coachman to go to the justice, and some gentlemen took my part, and said, that the coachman should drive me to the justice. Q. Who was the coachman? - Thomas Kidman . Q. That is the prisoner? - Yes. The justice was not there, it being after the office hours, it was referred till the next day. Q. Who put the saddle bags and things into the coach? - The coachman himself put it into the coach. Q. Did you get off the seat of the coach to look for your money? - Yes; I got out and I turned my back to the coachman for five or six yards. Q. How soon after you returned was it you missed the saddle bags? - About one minute and a half. Q. In what situation was he standing at his coach at the time that you came back again? - The coachman was at the coach door as I left him. Q. Was he standing or sitting? - Standing at the coach door. There was a man rode on the coach box along with the coachman, and the coach went remarkably slow. Q. You say that there were some gentlemen went with you to the justice's what were their names? - I don't know their names. Q. Where are these things? - I don't know, they never were found, any of them. Prisoner. Please you, my lord, I was called to the Saracen's Head, Snow-hill, to take up, about eight o'clock in the evening; the porter brought a pair of saddle bags and a bundle, and put them into the coach himself; the gentleman ordered me to drive him to the pump, Piccadilly; when I got there he got out, he offered me half a crown, told me to give him a shilling; I had none, he put his hand in his pocket and went to the light in a window; immediately as his back was turned his bags were gone; I called to him immediately, I hallooed out stop thief! then he ordered me to drive him to the corner of Shire-lane; then I carried him to the office, and the justice took my number, my mistress's name, and my name. I am innocent; nor did I carry any body on the box. Court to Prosecutor. Did you hear any body call out? - He did not call out after him. Q. What became of the man on the box? When he came down Prince's street in order to come down Coventry-street, he was got down. Q. Was he gone from the coach before the things were stole? - He was gone from the coach about seven or eight minutes before. The prisoner called five witnesses who gave him a good character. Not GUILTY . Tried by the first Middlesex Jury before Mr. Justice ASHURST. 148. HARRIOTT MERCHANT and SOPHIA BRYANT were indicted for feloniously stealing, on the 22d of January , from the person of John Denison, privately and without his knowledge, a canvas bag, value 2d, six guineas and five shillings, and a bank note, value 10l. the goods of the said John Denison . JOHN DENISON sworn I live in King-street, Portman-square, a butcher . The two prisoners at the bar, and a woman that is admitted an evidence, they accosted me in Bond-street . Q. When was this? - The 22d of last month. Q. They were all three in company? - I cannot possibly say they were all or not. Q. How can you say they accosted you then? - They did accost me. Q. Who was it did accost you? - The tallest of the prisoners at the bar. Q. What time was it? - Between nine and ten o'clock. They took me to No. 13, in Oxford-buildings, they took me up one pair of stairs back room, all the three. Q. What state were you in at this time? - As sober as I am now; I only drank part of some porter and some spirits, only three six penny worths of rum and water, and part of a tankard of porter, that was all I had that evening. Q. Did they all come into the room with you? - Yes. Q. Did you see them all in the street together? - No, I cannot positively say I did; they all came into the room when I did. Q. Then you only see one in the street at the time? - No, Harriott Merchant. Q. Then all the prisoners came into the room at the same time? - Yes; they prest on me to treat them with something to drink; I told them I had no objection to treating them, but I did not wish to have any further connection with them. I had no money except the money I had in my purse; I gave a shilling to the least of the prisoners at the bar, Byant. Q. Then you pulled out your purse? - Yes, and she went and fetched some liquor. Q. Who remained in the room while she was gone? - The woman that is admitted an evidence, and the tall prisoner, Campbell. When the liquor came back, I cannot positively say what liquor she brought; they asked me to partake of part of it, but I refused it; I told them I did not want it, they might take it themselves; I then told them I should make the best of my way home; they were very officious in lighting me down stairs; I told them I could go down very well without them; when I got down stairs, and got to the bottom of Oxford-buildings, before I crossed Oxford-street, I felt in my pocket to find whether I had my property or not. Q. How far is that? - About twenty or thirty yards up. I felt in my pocket, I found my purse and money in it. I then crossed Oxford-street, and in about forty yards of Mary-le-bone-lane, the said three women came round me; the woman that is admitted an evidence she came in the front of me, and the other two came one on one side of me and the other behind me; they hustled me very close, and I looked round and saw they were the same girls, and I told them I did not want any concern with them; at the time when they pressed on me so very close, the two prisoners at the bar parted from me, and went away from me; I immediately felt in my pocket to see whether I had my money, and I found it was gone; I immediately seized the woman who is turned evidence, and took her to the watch-house; the watchman took charge of her that night, and she was searched and no property was found about her; she desired she might be admitted an evidence, and she would cause the others to be apprehended; and they were apprehended by her directions the next morning; they were taken down to Marlborough-street. Q. When did you see them again? - I see them the next morning in the same room; I went to the watch-house, and then I went to their room, which is at No. 130, Oxford-buildings, with the constable of the night, he searched the room, but he found no property in the room belonging to me; they were brought to the watch-house, and taken down to Marlborough-street. Q. Did you ever find your money again? - No. Q. What had you in your purse? - I had a ten pounds bank note. Q. Are you sure they are the women? - Yes, I am. They are the same women that surrounded me in Mary-le-bone-lane. Q. Did you know them again at that time? - I did. Q. Are you perfectly sure that you found your purse safe then? - Yes; I put my hand in my pocket in Oxford-street. Q. Did you take it out? - No. Q. What pocket was it in? - It was in my coat pocket. I had a pair of breeches on that had no pockets. Q. Then, I suppose, it was out of your coat that you pulled your purse when you was in the room? - It was. Q. How long was it before the women came to you in the street, that you felt your purse? - Not a minute hardly; I only went about forty yards before they came to me. Q. Was it not possible that any body else might have taken it? - I kept my hand in my coat pocket I am sure till the time the women met me. Q. Which pocket was it? - My left hand pocket. Q. Did they all hustle you? - They all three hustled me, the one that is admitted an evidence came in front of me. Q. Was this done with a degree of violence? - They seemed to hustle very close to me. Q. How long did they stay with you? - Not above a minute. Q. How long was it after the two women at the bar were gone that you missed the purse? - As soon as they were gone I missed it. Q. When was the woman that is admitted an evidence searched? - As soon as she was in the watch-house. Q. How far was the watch-house from this? - About eighty yards from where the robbery was committed. Q. Then you know how it was done of your own knowledge? - I cannot say; but they are same two women that were about me in Mary-le-bone-lane. Prisoner Merchant. He says he had his money safe when he went out of my room, and I never see him any more till I was taken up. Court to Prosecutor. Did you and the woman go out together? - No, I did not. Q. Did either of them light you down? - They neither of them lighted me down all the stairs. Q. Who opened the door to let you out? - I opened it myself. Prisoner Merchant. He said he had his money in his breeches pocket before the justice. Prosecutor. I declared that I had a pair of breeches on that had no pockets in them. Court. What time was this in the evening? - About nine minutes past ten o'clock. Q. Had you any watch? - No. Q. Did you feel their hands in your pocket? - No, I did not. Q. Your information at the justice's mentions the prisoners hands being in your pocket? - I felt them very close. Q. Is it true, or is it not? Had they hold of you at all? - They had hold of me, and were very close to me indeed. JOHN MANNING sworn. I am a watchman; between ten and eleven o'clock at night, this robbery was committed, at Portman-square, I was standing on my own walk. Q. Whereabouts is Portman-square? - In Mary-le-bone; I saw some of these ladies come by arm in arm, and that little one said she was very glad she had got hold of his ten pounds bank note. Q. What street was this? - Coming out of Orchard-street, going into Baker-street. Q. Were they in Orchard street? - They were in the square. Q. Did they come up together? - The little one (Bryant) came up with two more, and the words she mentioned were, that she was very glad that she had got the ten pounds bank note. Q. Did you take any notice of them? - No. Q. Which way did they go? - Towards Baker-street. Q. How do you know it was the little prisoner at the bar? - I knew her before. Q. She had two more women with her? - Yes, she had; Harriott Merchant was not with her, but two more were. Q. When was it that you saw any thing of the prisoner afterwards? - The next day; I helped to take them to the watch-house. Q. Did you see any thing of Margaret Dunnivan that night? - No, I was out on duty. Q. Then you did not go into the watch-house that night? - No, I did not. Q. Then all she talked about was the ten pounds note? - That is all. Q. Did she talk of any purse? - No. Q. Was she walking very fast? - Yes, they were walking arm in arm together. Q. How are you sure it to be the prisoner Bryant while she was with the other woman? You was not at the watch-house that night? - No, I was not. Prisoner Bryant. Why did not he stop me when he heard me say I had the ten pounds note? Witness. How could I stop her in that manner, I did not think of doing it. MARGARET DUNNIVAN sworn. Q. Remember the situation in which you stand, and say nothing but the truth, and relate what you know of this business? - On the 22d of January, last month, I was along with these two girls that are at the bar now, they asked me to have part of a pint of purl, in Woodstock-street, and in coming out of Woodstock-street, going to Bond-street, we met this gentleman, and they asked him how he did? he said he was very well; they asked him to go home with them; he said he did not care; he walked home with them to a one pair of stairs back room, we all went with him, and he gave a shilling out of a bag from his pocket for something to drink. Q. Which pocket did he take the bag from? - It seemed to me to be as his coat pocket, to the best that I could see then, and while the least of the two was gone for something to drink, the tall one told me to go out of the room. Q. Then Bryant went with the shilling to get something to drink? - Yes, and I went away into the court, and in less that three minutes the two girls came down with the same gentleman; they came down together, all three of them, and the gentleman crossed over into Mary-le-bone parish, and the two girls called me and I followed them, and went up the street and came back again. Q. Did you go to the girls then? - I did, I met them all three talking together, and the biggest of the two had her arms round him, and I see her hands in his coat pocket; it was Harriott Merchant. Q. Where was you at this time? - Standing by, I was before him. Q. Assisting, I suppose? - No, I did not. They ran away directly. Q. Did you see anything taken out of his pocket? - I see her hand in. Q. What did you do by standing before him? - I was waiting for them, I did not know what their intention was. Q. When they called to you what did they say to you? - They bid me to stop, and I did. Q. Which side was it you saw her hand in? - The left side to the best of my knowledge. Q. What became of you when they ran away? - The gentleman took me into custody to Mary-le-bone watch house, and I was stripped naked and was searched. Q. Then you did not tell the gentleman what you had seen? - Yes, I did. Q. Not before he took you into custody? - No, he said he had lost something, and he took me into custody immediately; I told him the number of the door where they lived. Q. You had no share of this money? - No, they sent to me while I was in the house of correction, that if the bills were thrown out I should have some. Q. Then you swear that while you was standing before this gentleman you did not know any intention of their taking his money? - No, far from it. Q. As to any hustling on your part you had no hand in it? - No, I never touched him, nor put my hand on him. Q. What did you tell this prosecutor when he took hold of you? - I told him they must be the persons that had robbed him, for I see her hand in his pocket; I asked him if he had lost any thing? and he immediately laid hold of me. Q. There was nothing said about his purse between the other women and you before you went after him? - No, there was not. Prisoner Bryant. I wish to ask whether she was not committed from Marlborough-street for stealing from a butcher two guiness and a half? - No, never. I was here and was discharged by proclamation with two other girls. That same prisoner at the bar I only took her in one night and she robbed me of two guineas. Prisoner Merchant. Whether I did not ask her to shew me a light when she lighted this man down? - No, no such thing, I left her in the room while the man was there, and the other was gone for some drink. Prisoner Merchant. She did not go out of the room till the other came in; I never had any connection with him. Prisoner Bryant. She brought this butcher up in our room, and she said it was a friend of her's, and he sent for something to drink, and when I came up stairs he went down, and I never see any thing more of him afterwards. HANNAH HARRISON sworn. I live in Oxford-buildings; I see Margaret Dunnivan speak to this man. Q. Do you live in the house where the prisoner lodged? - No, all that I see was, Dunnivan speak to this man and she asked him to give her something to drink. Q. Who was with him at that time? - There was only them two. Q. Did you see where he came from at that time? - No, I did not; she went that way after him and I never see her afterwards. ELIZABETH MORDAUNT sworn. The prisoner at the bar, Harriott Merchant, was in my house till near half past ten; I keep the house that Harriott Merchant lodges in, she was at home from nine till half past ten, she was in my shop, for I stood talking to her till I shut it up near half after ten o'clock. Q. Where did she come from? - Out of her own room, the prisoner at the bar was in the room at the same time; I called her down, I wanted to speak to her, she wanted to go to Crown-court, and I persuaded her not to go out any more that night. Q. When did she want to go to Crown-court? - About nine o'clock, and she staid in the shop till near half past ten. Q. How long had she been in before nine? - I cannot tell. Q. And as to the time, how did you know the time? - The watchman was going past ten, and I told her it was past ten; she nursed my child and staid till past ten o'clock. Q. You know nothing about any man being there? - No, I do not. Q. Do you know any thing of Margaret Dunnivan being there? - I do not, she is quite an entire stranger to me. Both not GUILTY . Tried by the first Middlesex Jury before Mr. Baron THOMPSON. 149. CHARLES SHIELDS , otherwise JAMES SHIELDS , was indicted for feloniously stealing, on the 4th of August , ten shilling , the monies of Henry Tibbs . Henry Tibbs and witnesses were called on their recognizances, and not appearing, the prisoner was ACQUITTED . 150. PAUL WEAVER was indicted for feloniously stealing, on the 4th of February , a watch, the inside case made of base metal, gilt with gold, and the outside case made of shagreen, value 2l. two base metal watch keys, value 2d. a base metal watch chain gilt with gold, value 1s. a stone seal set in base metal, value 6d. and a base metal watch hook, value 1d. the goods of John Bromfield . JOHN BROMFIELD sworn. I am a linen draper . I was robbed at the Post office on Wednesday the 4th of February, of my watch, as described in the indictment, I went there to carry a letter; I had the letter in one hand and the money in the other, in holding my arm out to deliver the letter and pay for it, I felt my watch drawn out of my pocket, I put my arm out, the right arm, and caught hold of the prisoner's arm, I told him that he had robbed me of my watch, or that he had got my watch; he says, I got your watch! I told him he had; he then endeavoured to get away, I took fast hold of his arm, and he drew back; I had a parcel under the left arm, and a letter in the left hand. Q. Your letter was still in your left hand? - It was; he endeavoured to get away, a second person came up and I was hustled between them for a little time, the one that came up afterwards made off; he strove very hard, I seeing this lad standing by, I threw my parcel down and dropped my sixpence, and begged this lad to take care of my parcel; he is a witness; the lad took the parcel up, and I dragged the prisoner into the letter office and then sent for a constable, who took him to the Poultry computer; he was searched but nothing was found upon him. Q. Have you ever recovered your watch? - No, never seen it. Q. Was any other people there beside at the time? - There were several people paying for their letters; It was about ten minutes before seven. Q. Where was the parcel? - On the left hand, the prisoner was on the right, and the other was at my back. Q. Was any body near the prisoner at the time he was facing you? - I did not observe, I cannot say. Mr. Knapp. You now live in Newgate-street? - Yes. Q. There were many people in the Post office? - Yes. Q. You had suspicion of the prisoner and you apprehended him? - No suspicion, I took hold of his arm instantly. JOHN RICHARDS sworn. Q. How old are you? - Fifteen, next April. I was at the Post office when Mr. Bromfield was at the Post office, I see him throw down his parcel, I see a man draw his hand from Mr. Bromfield's sob. Q. Do you know who the man was? - The man at the bar. Mr. Bromfield threw down his parcel and I picked it up. I went to the Post office and put my letters in, and then I came back and called a constable. Q. You say you saw the man draw his hand from the fob? - Yes. Q. At the time that he drew his hand from his sob was he laid hold of? - Mr. Bromfield had hold of him. Q. Was that before he threw down his parcel, or at the time he laid hold of him? Which was first, or were they both together? Did the prisoner draw away his hand before Mr. Bromfield laid hold of him, or after? - He drew his hand away, and Mr. Bromfield caught hold of him directly. Q. Did you see any thing in his hand? - I did not. Q. Would not a man that had been laid hold of by surprise do the same thing? - Yes. Q. Did it appear to you more than that? - It did not. Q. Did the prisoner draw away his arm first? - The prisoner drew away his arm first, and he caught hold of him immediately. Q. Was any other person near besides Mr. Bromfield? - No, I am sure there was not. Q. Mr. Bromfield could not answer that question? - I did not perceive any body. Q. It is one thing to say you did not perceive any, and another thing to say there were none? - I did not see any body. Q. Was he examined before he was carried to the compter? - No, he was not, he was searched at the compter. Mr. Knapp. How near was you to the prisoner? - Close to him. Q. Did you front him? - I did. Q. There was another man ran away? - There was, directly as Mr. Bromfield caught hold of him another man ran away towards Lombard-street. Court. Where did that man run away from? - From the Post office. Q. How far was this man from him? - I did not see, I see him run across Lombard-street. Mr. Knapp. The other man ran away the moment Mr. Bromfield talked about the watch? - He did. Q. And you was so near the prisoner that you should have seen if he had the watch, you say? - I should. Prisoner. I leave it to my counsel. The prisoner called two witnesses who understood him to he a printer, and gave him a good character. Not GUILTY . Tried by the London Jury before Mr. RECORDER. 151. JOHN JONES was indicted for stealing, on the 28th of January , a pewter pint pot, value 10d. the goods of John Emery . JOHN EMERY sworn. I keep the Crown, Lincoln's Inn-passage . On the 28th of January, the prisoner came in and called for a pint of beer, which he paid for, and in going out of the house a person called to me and said, that man has got something; I followed him to Lincoln's Inn, and I said, my friend, what have you got? he says, I have paid for the beer, what do you want? I said, I did not agree for you to take the pot. I took him back to my house and took the pot from him. Q. Have you any doubt that it is your pot? - No. Q. Did you examine him when you took him back whether there was any pot missing? - He said, when I took the pot out of his pocket, if I have got it in my pocket somebody must have put it in. I sent for the constable and gave him charge of him. Prisoner. The pot was put in my pocket. They asked me if I would go for a soldier? I told them I was not fit for it. Prosecutor. He had down another pot, a pint pot, and an old tin quart pot, what we warm the liquor in, and we could hardly get it out of his pocket. Q. What did you do with the pot? - The constable has had it ever since. A CONSTABLE sworn. This is the pot, Mary Emery gave it to me, I have kept it ever since. Prosecutor. This is my pot. Q. You did not give the constable the tin pot? - No. Prisoner. I was in this public house and had a pint of beer; there were some men in the room, they asked me if I had any money in my pocket? I said I had as much as I wanted. I staid there some time on account of the weather; they asked me if I would go for a soldier? I said, no I was lame. They must have put the pot in my pocket, I know nothing about the pot. Constable. I asked him how such an old man as he should do such a thing? he said he was guilty of it, and was sorry for it. GUILTY . (Aged 52.) Imprisoned one month in Newgate , and publickly whipped . Tried by the London Jury before Mr. RECORDER. 152. WILLIAM VASEY was indicted for feloniously stealing, on the 17th of January , a piece of callimanco, value 1l. the goods of Charles Levick . CHARLES LEVICK sworn. I am a silk mercer . Q. Was this property taken from your shop? - It was taken from off the counter; my shop is No. 138, in the Minories . JAMES COE sworn. Q. How old are you? - Fifteen. I am a shop lad to Mr. Levick. On the 17th of January, Saturday night, between the hours of five and six, as I was putting up the bars of the shutters, two boys came and enquired the way to Houndsditch; I perceived the prisoner at the bar going into the shop; I immediately left off conversing with these two boys, and was going into the shop to see what the prisoner wanted, and as I was going into the shop the prisoner was coming out with a piece of callimanco in his hand, which I believe to have laid on the counter; as I was going to collar him he enquired of me whether it was paper; I immediately seized him, and the moment I seized him he threw the piece of callimanco down into the shop, and he tried to get away very much, he dragged me into the street. Q. Have you got the callimanco? - Yes, the constable kept it ever since. Q. Did he get away? - No, he did not get away, I had him committed. Q. Had the callimanco any marks on it? - Yes, my master marked it. Q. Is it his own hand writing? - Yes. Q. Do you know the mark as well as your master? - No. Prisoner. When he first laid hold of me, he said his master was drinking wine up stairs. GEORGE SMILEY sworn. I am a constable; I produce the property which was delivered to me with the prisoner. Q. What is it? - Camblet. I don't know whether it is callimanco or camblet. Q. Who delivered it to you? - Mr. Levick. Q. Have you kept it ever since? - I have. Coe. I cannot swear to it; it was in the same state, and in that piece of paper. Q. Did you ever open that piece of paper? - No. Q. Was it ever opened in your presence? - No. Q. Was it a parcel of that colour? - I believe it to be. Q. To Levick. Did you receive that of your shop-lad, Coe? - I did. Q. Was you at home at the time? - Yes, I was up stairs. Q. Was the prisoner in the shop at the time? - The prisoner was in the back parlour. Q. In your presence did your lad charge the prisoner with taking it from you? - Yes, he did. Q. Did you know where that property was laying before you went up stairs? - On the counter. I know it to be mine. Q. Did you deliver it to the constable? - I did. Q. Any doubt of its being your's? - None. Q. What is it? - Stripped callimanco, twenty-nine yards. Q. What may be the value of it? - One guinea. GUILTY . (Aged 15.) Transported for seven years . Tried by the London Jury before Mr. RECORDER. 153. JOHN BARRY was indicted for feloniously stealing, on the 30th of January , a pannel saw, value 2s. a smoothing plane, value 3s. the goods of John Armitage ; a trying plane, value 28. a rabbit plane, value 6d. and a hand saw, value 1s. 6d. the goods of William Loveday . JOHN ARMITAGE sworn. I am a carpenter . On Friday night I left my tools in a new building, in Finsbury-place , I left them there about six o'clock when I lest work. Q. When did you first miss them? - On Saturday morning, about six o'clock. We heard of them about ten o'clock the same morning, and we saw them at Mr. Parker's, the pawnbroker, the corner of Wood-street, he was the person that detained them, and sent about to see if they could be owned. Q. Do you know them when you see them? - Yes. They are here, I have them, the constable would not come. Q. When did you receive them of th constable? - Tuesday. Q. Do you know his name? - Fletcher. I am certain of the tools, the plane I made myself, and the saw I have had two years and made common use of it; I should have known it if it had been carried to America, I know it very well. WILLIAM LOVEDAY sworn. I am a carpenter. Q. Did you lose any tools at any time? - Yes, a trying plane, a rabbit plane and a hand saw. Q. When did you lose them? - On the 30th of January last. Q. Did you lose them from the same place? - Yes. Q. When did you last see them in the place? - At six o'clock. Q. Did you see them at the pawnbroker's the next day for the first time after? - Yes. Q. Did you know them to be your's? - Yes. Q. How did you know the trying plane to be your's? - Very well; there is the maker's name on it. The rabbit plane I bought it of Mr. Parker, I have had it about two months, I know it by the mark of it, I could tell it from a hundred; the hand saw I know it, It is Mr. Harrison's make, I have had it these seven years. - sworn. I live with Mr. Parker.(The rabbit plane shewn him.) Q. Have you ever had that in your custody before? - There is my mark on it. Q. When were these tools brought to you? - On the 30th of January; the prisoner at the bar brought a basket of tools to pledge, it was in the evening, about a quarter past seven, to the best of my recollection. Q. Had you ever seen the prisoner before? - Yes. Q. You know him? - Yes; he said they were his own. Q. Are you sure the rabbit plane is one that he brought? - Yes, I am quite sure of that by the mark I put on it. Q. Then he was detained? - Yes. Q. Do you recollect who you sold the rabbit plane to? - I do not. Q. To Armitage. You said you had it for two months; now there happens to be this man's hand writing on it, will you venture to swear that is your's? did you ever see that man's hand writing there? - I never took particular notice; I never saw that man's hand writing there. Prisoner. One John Wilkins brought me the tools, and asked me to pawn them for him; he was in distress he said. GUILTY, Of stealing the rabbit plane only . Transported for seven years . Tried by the London Jury before Mr. RECORDER. 154. JAMES DRUCE and JOHN BOWLING were indicted for feloniously stealing, on the 18th of January a hundred pounds weight of beef, value 2l. fifty pounds weight of mutton, value 1l. a dead pig, value 5s. ten pounds weight of lamb, value 10s. an iron cleaver, value 2s. and a linen cloth, value 6d. the goods of John Hayes . JOHN HAYES sworn. I lost my property in Fleet-market , I am a butcher in Fleet-market. Q. When was it you lost any part of your meat? - On the 18th of January; I was in bed, it was at three o'clock in the morning when my place was broke open. Q. What day was the 18th? - Sunday. I left the shop the night before, about eleven o'clock, and left a quantity of meat there. Q. Can you speak to the meat that you left there? - Yes; I left a side of lamb. Q. Did you leave that with other meat? - Yes. Q. Were your servants there later than you? - Yes, one of them is here. Q. Did you see any part of your meat afterwards? - I see a quarter of lamb afterwards, about eleven or twelve o'clock on Sunday morning. The constable and my servant took two pieces out of the necessary. Q. There is no part of the meat here? - No, it is impossible, it is a perishable thing. Q. Who was the servant that was left in your shop? - Joseph Ward. JOSEPH WARD sworn. I live with Mr. Hayes, I am a servant. Q. Was you at his shop in Fleet-market on the 17th of January, on Saturday? - Yes. Q. Were the things that were supposed to be taken from the shop, missing before you shut up the shop or after? - After. Q. Were you the last in the shop? - No. Q. What time was it you went away? - About a quarter before eleven, I came back about eleven. Q. Who had you left behind you? - My fellow servant and young master. Q. What is your fellow servant's name? - James Brookes , he is not here. Q. When you returned about eleven, who was in the shop? - Nobody at all. Q. Was the shop fast then? - It was all fast. Q. Can you tell what meat was left in the shop when you went out of it? - Yes, I can tell every thing. Q. What meat was there? - A rump and surloin, and part of a surloin and edge bone, and a leg of beef, and rump bone, a saddle and a leg of mutton, and another leg of mutton belonging to it, which made a pair of hind quarters, another besides that, cut in two, and a neck. Q. Was there any cleaver left there? - Yes, and a large shoulder of mutton besides. Q. Was there any cloths there belonging to your master? - One lamb cloth. Q. Why is not James Brookes here? - He shut up the shop, master thought he need not be here; my master said, don't hang any thing out till Monday or Tuesday, he thought meat would be very scarce. Q. Here is a pig mentioned, was that left when you went away? - Yes. Jury. We wish to have the servant called that shut the shop up. PHILIP JOSTLING sworn. I am a constable belonging to the City. On the 18th of January, Sunday, I was sent for to Mr. Hayes, he acquainted me his shop was broke open, and had been robbed of some meat; I was returning with the last witness to several cook shops, to enquire if any meat had been offered for sale; in consequence of which I went with a witness to Georgealley, Fleet-market. Q. Whose house was it? - I cannot tell, it was where I found the prisoners, both of them, and the lad that is admitted an evidence for the crown, they were all three together there. Q. What time of the morning was it you found them there? - Between twelve and one in the morning; these two prisoners were in the back yard, and English, the evidence, was in the room; when I went in I heard the word, ding it, come from the yard. Q. Was there any way for any persons in the yard seeing you? - No, I only knew it to be a flash word, meaning, to put it on one side. Q. Was there any window in the back yard? - I did not observe. Q. Was there any door? - There was. Q. Then these persons could see any body coming through that aperture? - I suppose so. I directly went into this yard, this gave me a suspicion that I was right in my enquiry. Q. Had you done any thing or said any thing to English? - No, he remained in the room where he was; when I went into the yard I perceived the two prisoners with their hands up to the wall. but I did not see any thing in their possession. Q. Describe what you mean by their hands up to the wall? - The wall by the privy, about five feet high it is, it parts the yard of the adjoining house; I then said to the last witness, I think they have thrown something over the wall. I then took the prisoner Bowling into custody. Q. How came you not to take the other also? - They followed me, I could not socure them both, Druce followed me, and so old English; I told them I took him for robbing Mr. Hayes; I charged the lad that went with me, to stay in the premises till I came back; there were a great number of people when I came out of Bear-alley; I took the prisoner Bowling to Mr. Hayes's, and delivered him into his custody. Q. What became of Druce and English? - They were secured by Mr. Hayes, and some butchers about there; after they were secured I went back, and went back to the next house, to where I had taken the prisoners, and into the next yard. Q. How soon was this? - In ten minutes or a quarter of an hour; there I found a quarter of house lamb, about a quarter of a yard from the wall, that divides the two yards; I then took it into my possession, and returned to the house where I took the prisoners from; I then searched the lower apartment, and could find nothing there; I then went up stairs and could find nothing there; I took the candle and went to the privy in the yard, where the prisoners were, and found some meat down the privy; I told the lad to get something to get it up, and he did. Q. Was you present? - No, I was not, I was in the room. Q. You see it after it was got up? - I did, it seemed to be part of a shoulder of house lamb, that is all I can say; I kept it till it was taken before the magistrate, and then it was delivered to Mr. Hayes; I shewed into him as soon as I came up Bear-alley; he said it was his property, because it was so remarkable white. Q. Did you find any cloths? - No. Q. Any cleaver? - No. Q. Did you find any beef? - Yes, I found some beef, No. 2, Eve-court, Blackfriars. Q. Whose house was it? - I don't know, the apartment belonged to a man of the name of Flint. Q. What did you find there? - A quantity of meat, of different kinds, one piece Mr. Hayes swore to before the magastrate. It was all delivered up to him before the magistrate. Q. You found no cleaver there? - No, there was some mutton in salt which Mr. Hayes did not own. Mr. Knapp. You found nothing while these men were present? - No. Court to Prosecutor. Mr. Jostling has told us that he produced to you on the Sunday morning, a quarter of house lamb, what knowledge had you that that quarter was your property, and had not been sold that day? - I had but one lamb, which was purchased on purpose, as a a particular white lamb; I had an order for the side of it to go to the Green Hotel, at Liverpool; I sent a side of it packed up on Saturday night by the Liverpool mail before seven o'clock; the other was put in a cloth which they stole in the night. Q. How late were you in the shop yourself? - About eleven o'clock. Q. You had sold no part of that lamb yourself? - It was too late to sell lamb at that time of night, it was packed up not to be sold. Q. That leg of lamb that Mr. Jostling produced to you, are you able to say that it was the lamb you packed up? - I know that it was, I don't know that I ever saw such a white lamb in my life; the fat of the leg of the lamb was a little tore in the dressing of it. Q. You never saw the cloths again? - No, never see the cloths again, nor the pig. Q. We have been told of some beef that was found in Eve-court. Did Jostling shew that to you? - Yes, he brought it to me in a red pan; one of these pieces of beef was a rib which I cut myself, which I positively swear to, and which had not been sold. Q. You left it when you went away about eleven o'clock? - Yes, and see a piece of beef roasting at the fire that I could have sworn to, I knew it by the cut. Mr. Knapp. They are not produced here? - No, it was a long time ago now. Court. Did you see these things that were down the privy? - Yes, they corresponded with the hind quarter of the lamb, it was the fore quarter that was lost. Q. They did not find the whole? - No. Mr. Knapp. You lost a side of lamb? - A side of lamb. Q. When you lost it it was done up in a cloth, that cloth has never been found since? - Never. Q. All the lamb you found in the prisoner's house together, did it make up the quantity you lost? - It did not. Q. That did not lead you to suppose it was the same lamb? - I know it was the same lamb, I have no doubt. Q. Lamb at this time, about the 18th of January, is very much in request? - No, no great deal at that time. Q. Leadenhall market I should have supposed would have produced as good lamb as that? - Certainly. Q. St. James's market also would have produced as good? - I should suppose so. JAMES BROOKES sworn. I am servant to Mr. Hayes. Q. How late were you at your shop on the 17th of January? - Till about half after eleven, very near twelve, not quite. Q. Who was the last person in the shop? - I was the last person. Q. Do you remember Mr. Hayes going away from the shop? - I cannot say I do. Q. What sort of meat did you leave behind in the shop? - A rump of beef, and a sirloin, a pair of quarters of mutton, an edge bone of beef, a leg of mutton, a neck of mutton, and side of lamb. Q. Now about this side of lamb, be particular. What lamb had you that day, one or more? - Two lambs. Q. What became of the other lamb? - Sold to people in the shop. Q. Was the side of lamb sold to chance customers? - I am not very certain of it. Q. One half was left; what do you recollect about the other? - It was sold, but I don't know now to whom; there was one half left that is all I do recollect. Q. How was that half disposed of which you left in the shop? - It hung up by the foot, wrapped up in a white cloth. Q. Was it remarkable? Did you take any notice of it? - No further than it was a very good one. Q. Then you had sold no part of that half lamb? - None. Q. And the beef was remaining there? - Yes. Q. And the pig you left there? - Yes. Q. Do you recollect any cleaver missing? - One, and there was a cloth. Q. Was that the cloth which the lamb was wrapped in? - Yes. Q. When you went away tell us what time it was? - As near as I can say in my own conscience, it was very near twelve. Q. What care did you take of the door? - Double locked it. Q. What care of the pins of the windows? - Every thing was fast. Q. When did you come again? - In the morning about eight. Q. Had any body been there belonging to your master, before you? - No, none. Q. In what condition did you find the shop? - I came to the shop door and tried to unlock it, and found it was wrenched open. Q. Describe how? - As if by some iron instrument. Q. Were the windows secured properly? - Very so. Q. What did you miss? - I missed the beef, the lamb, the mutton, the pig, and the cloths. Q. Did you see the lamb that was supposed to be your master's property? - I see two pieces of lamb that had been down the necessary. Q. Did you see the hind quarter? - No, I did not. Q. Did you see the beef? - I did not. Q. The cleaver? - I did not. Q. They were left there when you left the shop? - They were, and gone in the morning. Mr. Knapp. You have been a good servant to Mr. Hayes, and he sells as good meat as his neighbours? - I cannot say any thing about that. Q. There is nothing particular in his meat to any other butcher's? - Not that I know of. JOSEPH ENGLISH sworn. Q. You know in what character you come here, mind that you speak nothing but what is true. What is your employment? - I work in Fleet-market, as a butcher. Q. Do you live with any particular butcher, or are you occasionally employed by the butchers? - Occasionally employed by other butcher's, but I am mostly with Mr. - Q. Tell your own story what you know of this charge against the prisoners at the bar? - I was locked out of my lodgings on Saturday night. Q. How long before you was taken up? - I was taken up on the Sunday following; I lodged up at Mr. Stanmore's, in George-alley, along with an old man, I had lodged there a few nights; I used to lodge at Mr. Clarke's, at the Wheatsheaf, the side of the Market. Bowling told me I was welcome to sit up at his lodgings; I met Bowling coming out of the door of the wine vaults. Q. Did you know him before this time? - I knew him to work at the coal vessels, Mr. Clarke is his father-in-law, where I lodged before. Q. What passed between you and him? - I sat up there because I was locked out. Q. But did he know you were locked out? - I told him so; James Druce came there between one and two o'clock. Q. Where were his lodgings? - In George alley. Q. That is the same alley in which you lodge? - Yes, it is. Q. How long after you had been at the lodgings, was it that Druce came in? - About half an hour after. Q. Had you been to bed there? - No, they had no place for me to lay. Q. Was Bowling a bed? - Yes, Druce came in and sent for liquor to drink. Q. Did he send for liquor for you and he to drink? - Yes, and likewise Bowling's wife. Q. Did Bowling get up when he came there? - No, he was rather in liquor when he went to bed, and he was fast asleep. Q. Was the bed in the same room you were at? - Yes. Q. What happened next after you sat down with Druce, and Bowling's wife? - Druce took a bolt that served for a poker, and went down the market with it; he insisted on my going with him, and took hold of me by the collar. Q. Had he told you of the scheme? - No, he went into Fleet-market about fifty yards from George-alley. Q. Was nothing said what was to he done with this poker? - He said some girl had affrented him, and he was going to lick this girl with the poker, he had been licking of her before; then I went down with him, he said she was over the arch way, instead of that he went quite the reverse way, he went to Mr. Hawkins's shop, him and me together. Q. Did he give you any reason for not going where he said the girl was? - No. Q. Did not you ask what was the reason? Did not you think it extraordinary? - He told me he was going only a little way up the market; he went and tried Mr. Hawkins's shop, a butcher's shop, the next but one to Mr. Hayes's; he said he could not break open that door, he tried to put the poker in between the staple to drive the staple out, and he said he could not wrench the staple out; he then went to Mr. Hayes's shop and broke it open, he made me stand by him, he licked me on the breast when he was at Mr. Hayes's door, because I did not stand close by him. Q. He behaved very ill to you, what occasioned him to strike you? - Because I said I would leave him, while he fetched the middle of the sirloin of beef. Q. Then you see him open that door? - Yes, I did. Q. Then there were only you and him there? - Yes, Bowling was not there at the time. Q. He fetched out the middle of the sirloin of beef, you say, and what else? - A pig, a leg of mutton, and a shoulder of mutton, and took it to Mr. Bowling's apartment. Q. Did he take any thing else? - No, not at once, he came back again three or four times. Q. How long after he took these to Bowling's did you go to Bowling's? - Directly. Bowling was then asleep, and his wife in bed with him, but she was not asleep. The second time we brought a rump and sirloin of beef; the dogs barked at him very much the first time, the dogs in the shop, one was tied up and the other was loose; he went into the place the second time with a pen knife in case the dogs barked; he brought all the meat he could find, I see him bring it all out; he brought out a side of lamb, lamb is called a side of lamb when it is cut down the middle; it was wrapped up in a white cloth, the cloth was damp. Q. Any thing else? - A coarse cloth, a cleaver that they chop up meat with, it was all taken to Bowling's house, and I see him put it all into the cupboard, all the meat, and he sat up there all the night. Q. Who sat up all night? - James Druce, and John Bowling said in the morning, he would have the meat took out of the place. Druce said he knew of a place to sell it, and he took it to Mrs. Flint's. Q. Who went to Mrs. Flint's? - Bowling, Lewis, (or Druce) and I, on the Sunday morning; Bowling took the rump and sirloin of beef, and an edge bone of beef, as much as he could carry; Lewis took a little of the meat, and I took a shoulder of mutton, and they took them up stairs in that house, the house I shewed to Mr. Jostling, and when they came down stairs, they told me that Mrs. Flint had given them a guinea. Q. Who said that? - James Lewis; they had sent me home to Mr. Bowling's house, and they left at Bowling's house, an edge bone of beef, a shoulder of mutton, two legs, and some small tops of ribs of beef, they were left at home, Bowling said he could get a customer for them; they came back soon after, they did not come back with me; they came back rather in liquor, and they heard an outcry in the market that Jostling was coming up to seek after the meat; when they came home they told me there was an outcry in the market, and they were coming up to search the place, with that they took the remainder of the meat out of the place, out into a little yard they had got, where they keep rabbits, and left it there to keep till they could sell it. Q. I thought you said they put it into the cupboard? - So they did at first. Q. Did they go a second time to the woman? - Yes. Q. After you came back? - Yes. Q. Did you go along with them? - Yes. Q. Where did they take the remainder from? - Out of Bowling's house, out of the little yard where they kept it. Q. What was it put in when there was this outcry? - In a sack, because it was dangerous to carry it; then they sent me away, I went back to Bowling's house and they came back in about an hour. Q. Did you remain that time there? - Yes. When they came back they told me they got eight shillings for what they took up the last time, the course cloth, the cleaver went with this last meat. Q. What next? - They had a quarter of lamb cut up for breakfast, the other Mr. Jostling took from them. Q. How soon after their second return did Mr. Jostling come back? - In about an hour, or rather more; he came about one o'clock, Lewis and Bowling then were in a back place where they keep pigs, a room that was boarded. Q. What does it join to? - There was a bit of parting between their house and the back house. Just as Jostling came to the door they took the quarter of lamb out of the cupboard, and took it into the back place. Q. When Jostling came you heard them call ding it, what was done after that? - Jostling came and secured Bowling, took him into custody, and the servants of Mr. Hayes went back and looked for this meat, and they found it, and they brought it to a public house, the Brown Bear, at the top of the alley. Jostling did not take me into custody; I following Bowling to see where they were going to take him; then Mr. Hayes gave charge of Lewis, and me, Bowling was in the public house, and we were taken to the compter. Q. How soon after was it you gave any information yourself? - I was in the counter about half or three quarters of an hour; I took them to the place where they conveyed the meat to, to this woman's house; they found these bits of beef in the house just salted, and a scrag of mutton, and they brought it to Mr. Hayes. Jury. You say the meat was sold for one guinea, have you received any part of that money? - No. Q. If you had received any part of the money, should you have been here as evidence? - Yes. Prisoner Druce. I was sitting up in this man's room, and I know nothing at all about it, and he was in bed and asleep, and his wife too. Prisoner Bowling. I was in bed and asleep, and my wife and child. Bowling called five witnesses who gave him a good character, who said he was bred a waterman and lighterman. James Druce, otherwise Lewis, GUILTY . Transported for seven years . John Bowling, not GUILTY . Tried by the London Jury before Mr. Baron THOMPSON . 155. WILLIAM OWEN was indicted for burglariously breaking and entering the dwelling house of John Harrison and Thomas Burne , about the hour of seven in the night, on the 28th of January , and burglariously stealing therein, six china cups, value 2s. 9d. the goods of the said John Harrison and Thomas Burne. A second COUNT laying it to be in the dwelling house of Thomas Burne. THOMAS BURNE sworn. I live at No. 22, Barbican . Q. Is your house your own? - No. Q. Does Harrison pay any rent with you? Do you keep the house jointly? - We keep the house jointly, I live in the house myself. Q. Does Harrison ever sleep in the house? - Occasionally when he is in London, but he resides in the country. Q. Was this house broke open at any time, and when? - The door was shut on Wednesday, the 28th of January, and it was opened, and six china cups taken out of the window. Q. In what manner was the door opened? - By the latch. I was in the counting house adjoining to the shop, but did not see it done. Q. Were any of your people in the shop? - None. Q. What do you know about it? - I saw nothing of it myself, I was called out of the counting house by the evidence, and told that my shop was robbed; I examined the window and found six china cups gone from the six saucers. Q. What business may you be? - In the china and glass. Q. What may be the value of them? - Half a crown. The evidence brought the prisoner into the shop, and he said he saw him throw the cups into the road; and he-ran and fetched some of the pieces, which corresponded with the saucers, which I shewed him in the shop; I have kept them till now separate.(Produced.) Q. The cups and saucers that were in the window were your cups and saucers? - They were. - HOWARD sworn. I am apprentice to Mrs. French, opposite to Harrison and Burne's; I was in the shop about seven o'clock in the evening, and I saw the prisoner go to Messrs. Harrison's and Burne's door - Q. What day? - Wednesday, the 28th of January; I suspected the prisoner, crossed over the way, see him open the door, and put his hand in and take out the cups. Q. Was the door shut, or was it locked? - Shut; he opened it, it was hasped. Q. Did he take one cup? - Several. Q. Was it dark at this time? - Quite dark; Mr. Burne's candles were lighted. He ran about five or six doors from Mr. Harrison's and Burne's, I pursued him, and he threw the cups in the mud; I was close behind him, within a few yards; he ran as far as Long-lane, and I cried out stop him, and I ran up and took hold of him immediately; my fellow servant coming up assisted me, and we brought him back to Harrison's and Burne's; then I left him in Mr. Burne's, and told Mr. Burne I would go and pick up the pieces of the cups, which I did, where I saw him throw them in the highway; they were broke all to pieces, I gave them to Mr. Burne. WILLIAM WRIGHT sworn. I am a constable, I only took charge. Q. Who delivered him in charge? - Mr. Burne. Prisoner. As I was coming from Clare-market, from my master's, coming down Long-lane, I was taken very ill, I went up a gateway to reach, being very sick, and two men came up the the gateway and charged me with this felony, that I know nothing about; I was up the gateway the time the young man came up and took hold of me. GUILTY, Of stealing but not of the burglary .(Aged 19.) Transported for seven years . Tried by the London Jury before Mr. RECORDER. 156. SAMUEL LAWRENCE was indicted for uttering a counterfeit shilling to Rebecca the wife of John Thomas Rigg. A second COUNT for having about him a counterfeit sixpence. REBECCA RIGG sworn. Q. You are the wife of John Thomas Rigg ? - Yes. Q. See if you know the prisoner? - Yes, I see him on the 15th of January , I believe it was Thursday, about one o'clock; my husband is a perfumer; I had agreed to buy sixpenny worth of oranges of this person in the street, in Fleet-street; I gave him a shilling, and, as I supposed, he returned it me, saying it was a bad one; I gave him another, he rubbed that and returned it, wishing I had got another he should like it better; I immediately put my hand in my pocket and took out one and gave it him. Q. Did you take that one back from him? - Yes. I gave him a third, and he returned that; I gave him five in all, and he returned them; he objected to the fifth, he would have changed the fifth, only I told him I had not another in my pocket. Q. Then, if I understand you right, you took four back in all, you did not take the fifth back? - No. At that moment that he was going to give me the sixpence, he had five of my shillings, and I had got four of his in my hand, and he was going to give me sixpence, at that time a person named March came out of his own shop, and asked me if I was sure the prisoner gave me good money, and wished me to give it him, which I did out of my hand; he told me there were one or two very bad ones; he took and collared the man, and took him into the shop, and I followed him, and these five shillings that I gave to the man, my husband gave me about five minutes before I left home, and they were all the silver I had in my pocket. Q. Do you know whether your money was good? - I don't know a bad shilling from a good one. Q. You said something about a sixpence, do you know whether Mr. March took that sixpence from him? - I cannot say, I believe Mr. March has got it. Q. In what way did he sell oranges in the street? - In a basket. I was asked by him if I wished to buy any? I said, no, except he would let me have a dozen for sixpence; which he agreed to. Mr. Knapp. What is your husband's name? - John Thomas Rigg. Q. You stated first now, that you hardly knew a bad shilling from a good one? - I am an utter stranger in London. Q. You may have had the misfortune with other people, to have bad silver in your pocket? - I may have had, but at that time I did not know that they were bad. Q. You seemed to have made a very good bargan? - It was very cold, and he followed me some way. JOHN THOMAS RIGG sworn. Q. You gave some money to your wife before she went out? - Yes; to the best of my knowledge they were good; I looked at them rather minutely, because I know Mrs. Rigg don't know a good shilling from a bad one; it was the 15th of January. Mr. Knapp. How long have you had the good fortune to be in London? - All my life time. Q. What business are you? - A perfumer. Q. I take it for granted you are well aware there are a great many bad shillings in circulation? - No doubt of it. Q. Do you mean to bind yourself down on your oath that the five shillings you gave to your wife were all good? - I believe to the best of my knowledge they were; I think it would not be prudent to be positive. WILLIAM MARCH sworn. I am a fishing tackle-maker, in Fleet-street. On the 15th of January last, between one and two o'clock, I was sitting in my back parlour at dinner, and I observed this lady bargaining for some oranges with that man, and when she had bargained with him for the oranges, she gave him a piece of money, which I believe was a shilling; he took it into his hand, and then put it to his mouth and gave it a bite, and then returned, as I thought it was the same; she held out her hand to him and gave him another; he then tried that on the sleeve of his coat, and returned that; she then gave him a third and then a fourth; it then struck me he was playing some trick or other, and I went to the door and asked the lady if she was positive the shillings he returned into her hand were the shillings that she gave him? she said she did not know; and I immediately took the shillings out of her hand, and dragged him into the house, and the lady came in after him; I searched him in order to see if he had any more about him, and I found one bad sixpence, and three or four good shillings he dropped out of his mouth, and six and sixpence good about him, and these four I took out of the lady's hand were all bad. Mr. Knapp. So that six and sixpence, and the three shillings you describe to have been in his mouth, were all good, only one bad sixpence out of the number. Court to Prosecutor. Look at the good shillings and see if you made any observations on them you gave to your wife? - I cannot say to one of them; I presume them I gave to my wife were all good. Q. To March. Those four that you call bad ones, do you know they are all bad ones? - I am sure two are very bad. Q. To Rigg. Look at the four shillings? - Three of them appear very bad. Q. What do you say to the sixpence? - It appears to be a bad one. The prisoner called two witnesses who gave him a good character. GUILTY , On the First COUNT. Imprisoned six months in Newgate , and to find security for twelve months . Tried by the London Jury before Mr. RECORDER. 158. THOMAS SMITH indicted for a fraud . The case was opened by Mr. Knapp, and the prisoner was ACQITTED . 166. EDWARD BARRETT was indicted for wilful and corrupt perjury . The record read of the trial and acquittal of Kerr and Ruggles. MANOAH SIBLY sworn. Q. Are you the short hand writer to the sessions? - I am. Q. Was you short hand writer in September session last? - I was. Q. You remember the trial of John Kerr and John Ruggles, for a felony? - Yes. Q. Was Edward Barrett, the prisoner at the bar, sworn on that occasion? - He was. Q. Have you the original notes you took at that trial? - I have. Q. You will be so good as to read them? - I presume you mean only the assignments. Q. Is his evidence long? - Yes, it is very long. Q. Then you only need read the assignments, and to introduce them. Reads. " EDWARD BARRETT sworn. "Q. How long have you been in the seafaring line ? - Ever since nine years old. "Q. In June last were you at Deal? - I was discharged from the Hospital at Deal, they robbed me of my discharge; I came from Deal to London; I was met by an old woman on London Bridge, and I said I would give her a pint of beer to get me a night's lodging; she brought me up to a public house there somewhere over London Bridge. "Q. How far was it from London Bridge? - A good way. " Q. How long was it after you saw the old woman before she brought you to a house? - About an hour. " Q. Did you walk to that public house? - I did. "Q. How far did you walk with the old woman after you met her? - A little way; I was only a little while in going, but I don't know the place, because I am a stranger here; when we got into the public house I looked about to give her a pint of beer, and she was off. "Q. Do you know where this public house is situated? - I don't know, it was in the dark, and I was a stranger. "Q. What happened to you there? - There was a very good entertainment, there was one captain said he was from Barbadoes, another from Jamaica, and another from Martinique, and some from St. Le Terre, which I took last war; and when I got in, one of them said, will you have a glass of wine? and I said, I will have a pint of porter, I am tired of wine, and one of these captains said, will you sleep along with my mate? and I walked to bed, and this pretended mate got up and shewed me into the room to bed (I know him very well if I was to see him.) I says to him, why don't you shew me the light? and as soon as they got me inside they locked the door on me, and it was all dark, and there were three bars at the windows; I was used very cruel, I saw the bar at the window in the morning and four or five padlocks on the door; that was a pity! I heard them open three or four of them in the morning. I will fight for my king and country while I am able. " Q. Did you sleep there all night? - I did not sleep a wink. The next morning there was one of the jail-keepers came up and opened the door, and asked me how I found myself? I asked for God's sake, for some drink, for some ale; he said he would give me some directly; and he kept me there till it was dark night. " Q. Then you staid there all the time? - I did. The next night they transported me to this place in Whitcomb- street; they came and threw me into a coach. " Q. After you was put into the coach how long were you in the coach before you got to Whitcomb-street? - A good while, half an hour or an hour, I believe it was; in about half an hour I arrived at Whitcomb-street, and when I got into the house I began to fight in the house before I would go up stairs; they wanted me to go up stairs; why should I be kidnapped in that manner? and when I shoved one of them from me, there was a rope slung about my neck, threw down stairs, and I catched it, as God happened, in my left hand here, and they dragged me up stairs by it; then when they dragged me up stairs they got about and stripped me start naked, and them two men were holding me, and the rest were stripping me; one of them was an agent in my time, and the other was the landlord of the house; they were two wicked ones. Was it not a shame, gentlemen, to serve me so? They took away my property, they took my watch and my clothes, three silk handkerchiefs, two pair of silk and cotton stockings, two cotton shirts, and my pumps all that I had. "Q. How long did you stay in this house in Whitcomb street? - A fortnight, locked up and to with bread and cold water. "Q. Were you locked up in that room all the time? - I was, in the back part of the house up stairs. "Q. And you never was permitted to go down stairs? - No, never. "Q. You said that you never was out of the kidnapping house from the time that you came in it, till the time they put you in the coach to carry you to Banbury? - Never. "Q. During the time you were in this room, was any body permitted to come in the room with you? - No, nobody but that jailer, and he left a pot of water with me and a bit of foul bread. "Q. So you was in this room for a fortnight and nothing to live upon hue bread and water; saw nobody hardly during that time? - No, only the turnkey. "Q. Look towards the bench, and see if you recollect the face of any person that sits there just by my lord. (Justice Kirby) - No, I never see the man in my life. "Q. You never went before any magistrate to be attested, in your sober senses? - Never in my days." Mr. Knapp. It is possible to make a mistake in the hurry of a trial such as this was? - It is possible to mistake a word, but at this time I was desired to be particular in taking the evidence. Mr. Knowlys. Though it is possible to make a mistake in a word yet are you certain that what you have read is the substance and sense of what he swore? - Most certainly it is. JOHN KERR sworn. Q. Did you keep house in Whitcomb-street at the time you was changed with the offence of robbing this man? - I did. Q. I believe you was tried for that offence, and acquitted? - I was. Q. Do you remember that man coming to your house? - I remember this man coming in an hackney coach with a recruiting serjeant, one Higginbottom, the latter end of June or beginning of July. Q. Are you yourself at all in the recruiting business, or derive any profit from recruiting? - None whatever, nor ever did. Q. Were you present when this hack ney coach came to the door? - I was in the tap room. Q. Do you know whether any body came with this man besides serjeant Higginbottom? - Only this man and another recruit. Q. How long did this man stay at your house? - Near a fortnight, or some where thereabouts. He came quietly to the house, and sat down in the tap room and they had two or three pots of beer, he came there in a red jacket and white trowsers; a red regimental jacket. When the surgeon came he went up stairs and was examined, and then joined the rest of the recruits in a large room that is appropriated for their use, that they might be by themselves. Q. How did he go up to this room? - He followed the doctor very quietly up stairs. Q. Had he a rope round his neck, or any violence used to make him go up stairs? - No, no such thing ever happened in my house. Q. During the fortnight he staid with you how was he dieted or fed? - We used to dress a joint every day for the recruits, and those that chose paid one shilling. Q. Had this man the full liberty of eating and drinking as any person in the house might do? - Exactly so. Q. And what was done with those that did not chuse to dine? - They sent out for meat for themselves, and dressed it as they pleased; they had a gridiron and other things proper in the room. Q. About his drink, what drink had he? - He was in the habit of drinking gin; I hardly recollect his drinking any other liquor; he used to come down fourteen or fifteen times a day and have pennyworths of gin at the bar. Q. Are you sure, Mr. Kerr, on the oath you have taken, that he had the liberty of coming down stairs and drinking what liquor he pleased? - He had every day during the time he was in the house. Q. Was he, or was he not confined to one room, and confined to the diet of bread and water? - He was not. Q. Did he ever to you, Mr. Kerr, or to your hearing and knowledge, complain of being locked up and confined, or complain of being prohibited of any thing but bread and water? - I never heard of such a complaint. Q. Did he ever, while he was in your house, complain of ever being robbed or beaten? - I never heard of such a complaint as that. Q. On the oath you have taken, Mr. Kerr, was he ever robbed of any thing in your house, to your knowledge, or in your presence? - Not that I know of, and I firmly believe he was never. Q. Did Ruggles in your presence ever confine him, or beat him, or rob him of any thing? - I never heard that he did. Q. Did he ever do it in your presence? - He never did. Q. Did you ever rob him of any thing, of assist in confining him? - Never, I had nothing to do with the recruiting business at all. Mr. Knapp. You told my learned friend that you had nothing to do with the recruiting business, derive no profit from it at all, but of course the more recruits you get in the house the more profit, as to the profit of the liquor? - Certainly. Q. You was indicted and tried in September last, and acquitted? - I was. Q. And now you are a witness to convict him at the bar for perjury? - Yes. Q. Your house was a receptable for recruits? - It was. Q. And a place set apart where these recruits were to be taken? - A room appropriated for their use. Q. My learned friend asked you whether he ever made any complaint of being robbed or beaten in your house? you heard he made that complaint at Banbury? - I understood he did. Mr. Knowlys. I ask you, on the oath you have taken, was there a word of truth in that complaint? - Not a single word. Court. Was this man at all stripped naked when they took him up in the ordinary way? - I cannot say what they did with him there, he was not in my presence. Q. Was any watch taken from him? - Not that ever I heard of. Q. Clothes? - Not that I ever heard of. Q. Money? - Not that I ever heard of. Q. Handkerchiefs? - Not that I ever heard of; I never heard of any thing being taken from him till I came to Bow-street, three weeks or a month after he left my house. Q. The surgeon when he comes he always examines to see that they are found in their limbs? - I understand they always do. JOHN RUGGLES sworn. I am an army agent; at the time this transaction took place I was clerk to the army agent. Q. Do you know the man at the bar? - Perfectly well. Q. I believe he indicted you for robbing him last September? - He did. Q. You were bailed, afterwards tried here, and acquitted? - I was. Q. Were you present in the house at Whitcomb-street, when he first came there? - Yes, I was present in the house, I see him come into the house and sit down in the tap with the serjeant. Q. Did he come in voluntarily or was he brought by force? - I heard him make no complaint, he came in as a volunteer. Q. How long did he remain in the tap room? - Till such time as the surgeon came to examine the men; he was brought in about twelve o'clock in the forenoon, and the surgeon and adjutant always attends at two o'clock regularly. I did not see him go up stairs immediately because I was in the room, he came into the room and pulled off his clothes and was examined by the surgeon. Q. Was there any violence used to him on that occasion? - None at all; the clothes he pulled off were regimentals, the serjeant took them back again for they were his property; they were Sir Thomas Dunlap 's cloathing, red jacket, white waistcoat and breeches, but Colonel Robinson, in whose corpse he was enlisted, was blue cloathing. Q. Did you see him while he was in that house frequently? - I saw him every day, I always see them every day to give them their pay. Q. What pay do you give them? - Sixpence per day. Q. Do you know what bounty money he had? - Five guineas; two guineas before he was attested, and three guineas after he was attested. Q. How long was it before he was attested after the two guineas were paid him? - It was paid him the next morning after he was approved of by the surgeon as a fit man. Q. Now in what part of the house did you see him during the time he was there? - In all parts of the house. Q. Was he then, on the oath you have taken, confined to any one room of the house, or locked up in any one room of the house? - Certainly not, he would have been out every day with the party, with the drums and fifes, but he was gen erally intoxicated and could not go out. Prisoner. I could not go out, I was a wounded man. Mr. Knowlys. Had you any occasion to see him eat or drink the time he was in the house? - I see him drink frequently at the bar, I see him drink gin myself several times. Q. Is that true that he was confined to live on bread and water? - He spent all his five guineas, while he was in the house he had every thing that he wished for. Q. Did he ever make any complaint to you of his having been robbed in that house, either of clothes, watch, money, or any thing? - He never made any complaint at all. Q. In your presence did Kerr, or any other persons, strip and rob him? - They could not strip and rob him, for he had no such property as he said he had lost, when he came into the house he had neither watch nor buckles, nothing but regimentals. Q. Did you rob him of any thing? - Never in my life. Q. Did you go with him to be attested? - No, I did not, Watson was the man that went with him to be attested. Q. I ask you on the oath you have taken, was this man as free as others, or was he confined and robbed? - He was was not at all ill treated nor robbed. Q. Did he ever make any complaint to your knowledge? - Never. Q. Do you know what time it was he came into the house, what day of the month? - It was the latter end of June, or beginning of July, I cannot say which positively. Q. How long after that time was it that any complaint was made against you or any application to a magistrate? - It was some time after he wen to Banbury, I believe about a month after he left the house; in short, I was not taken up as all, I went to vindicate Mr. Kerr's character, he was asked if he knew any man but Kerr, and he said then that I was one of them. Mr. Knapp. You stated to us that you are an army agent; that is, in other terms, you are to collect as many recruits as you can, and bring them to Whitcomb-street? - No, they are brought there by the serjeant. Q. Of course, every word he gave on his trial was as false as possible, you was charged with a crime of a capital nature, and acquitted? - Yes. Q. And the evidence that sounded that accusation against you was as false as that you say now is true? - Barrett's evidence is false. Q. He had no watch about him or buckles? - He had nothing when he came into the house. Q. There were no recruits in the house all confined to one room? - No, they were not confined. Q. All in one room? - No, in different parts of the house. Q. Then there was not a room set apart for recruits? - Not a room particularly set apart, they had the liberty of the whole house; the dining room was set apart particularly for their use. Q. Do they go up stairs, or do they not, when they come in? Is there a room set apart merely for the recruits, or is the whole house free for them to use? - It is. Q. He came in a volunteer, nobody with him? - The serjeant came in with him. Q. He came guarded with a serjeant? - He would not have known where to come to if the serjeant had not come with him; he came in with the serjeant as all other recruits did, to be examined by the surgeon and adjutant. Mr. Knowlys. There was a room more paticularly set apart for the recruits than for other people? - It was a very large room where they used to be in, but they had the liberty of every other part of the house. Court. Was he at all dragged up stairs by a rope? - Not at all. MARY GARLAND sworn. Q. Was you a servant in Mr. Kerr's house, Whitcomb-street? - Yes. Q. Do you know the man at the bar? - Yes, very well. Q. Do you remember his being there? - Yes, I remember the day he came, but I did not see him come in. Q. During the time he was there, what part of the house did you see him in? - He had the liberty of the house, the same as I had. Q. What did he eat or drink while he was there? - He would not eat, he was mostly drinking gin. Q. Was he prohibited from drinking spirits, if he was so inclined? - Sometimes he was, and begged to eat victuals. Q. Why did they prohibit him from drinking spirits? - Because he drank too much liquor. Q. Is it true that he was kept on bread and water? - Never. Q. Was he at all confined in the house, or locked up from other people? - Never. Q. Did you ever hear him complain of being robbed, or ill treated at all by any body? - I never did. Q. Did you see him go up stairs when he went to the surgeon to be examined? - No. Q. Did you ever see him robbed or ill treated by any body? - Never. Mr. Knapp. You were servant to Mr. Kerr at this time? - Yes. Q. Have you the good fortune to be Mr. Kerr's servant now? - No, I am Mr. Hamlin's servant now. Q. How long have you left Mr. Kerr? - Going on these five months. Q. Have you often seen him since that? - Yes. Q. Frequently talked to him on this business? - No, never to me. Q. Have you never had conversation on this business, frequently? - Only when I am wanted here. Q. Then at the time you have been wanted here, have you not had conversations about it? You was not there the first day when he was brought in? - Yes, I was there, I was in the kitchen. Q. So he would not eat? - No. Q. Why he was pretty drunk all the time that you see him? - Yes, mostly. Q. Generally drunk? - Yes, he was. Q. You was a witness on the last occasion here? - Yes. Q. You have been twice before the grand jury? - Yes. Q. This is the second indictment preferred against the prisoner? - Yes. ABRAHAM CHIPINGDALE sworn. I am a carpenter. Q. I believe you are father-in-law to Ruggles? - Yes. Q. Were you often in Kerr's house, Whitcomb-street? - Yes, very frequently, two or three times a week, four or five times sometimes. Q. Do you remember seeing that man there? - Yes. Q. Was you there when he came into the house? - Yes, I see him and another recruit, and a recruiting serjeant, come in together. Q. Did he come in by force, or voluntarily? - He walked in the same as the rest; he asked for a noggin of whisky as soon as he came in. I went there to get my dinner, and I left him in the taproom; I went there the same evening, and I found him in the tap-room again, he had got some gin and water. Q. Do you recollect the day? - It was the beginning of July, the first or second, or somewhere thereabouts. Q. Did you see him more than that day? - Yes, I see him two or three days after that. Q. Where did you see him than? - In the tap room, I always see him there, except once I met him and another recruit at the street door, two or three days after he first came in. Q. Was he to any thing that you could see or judge, as much at liberty as any other person in the house? - Just the same as any other recruit. Q. How often might you see him in the fortnight? - I see him about four or five times that week; I do not recollect ever seeing him after. Mr. Knapp. You tell us that you are Ruggles's father-in-law, and that you are a carpenter? - Yes. Mr. Knowlys. Did you ever hear him the time you were there, make the least complaint of ill usage of any sort? - Never a word. Mr. Knapp. Pray are you in the service at all? - Yes, I am in the recruiting line, but since then I have done with the came my business, I was lame. Q. Of course all the compalints made by the man, were false? - Yes, they were. Q. You heard of Ruggles being tried? - Yes, I know it, but I did not hear the trial, Court. Were you in the service before? - Yes, I have been in the light horse, but I left that about eight and twenty years ago. Q. Then you observed the prisoner when he came in? - I remember him as well as I remember him now, for he was very much in liquor when he first came in. JACOB JOEL sworn. Q. I believe you are a jew? - Yes. Q. A dealer of clothes? - Yes. Q. Do you know Barrett? - Yes, that is the man. Q. Did you ever see Barrett, and have any dealings with him? - Never but once, at the Swan and Anchor, East Smithfield, Butcher-row. Q. Was that a recruiting house? - Yes. Q. How came you to see him there? - I was fetched there to buy some clothes, by the man of the house, Higginbottom. It was either the latter end of June or the beginning of July, I will not be certain which. Q. Tell us what past between you and Barrett? - I came in there, and Barrett brings out a bundle from under the table. Q. How was he dressed? - In a red jacket and trowsers, regimental uniforms; he asked me if I would buy them? there was a brown pea jacket, and a pursers shirt, a check shirt, and an old pair of shoes, and an old dark blue jack, such as sallors wear; he asked me half a guinea. for them; I told him I could not give half a guinea for them, there were only two articles I would take away with me; and I gave him six shillings and sixpence for them, and half a pint of gin, he would not let me have them without I gave him the half pint of gin. Q. Did you observe whether he had any watch at that time? - He asked me if I would sell him one, if I would take the trouble of going with him to the other end of the town, he would pay me for it? I told him it was not worth my while to go with him; I did not sell him the watch. Q. I believe you never see him in Whitcomn-street? - I never see him after, till I came here. Mr. Knapp. You say that you never see him before? - Not before. Q. Have you ever been a witness be fore? - Never before this and the last time of giving my evidence. Q. Were do you live? - In East Smithfield. Q. Pretty near this place? - Within twenty or thirty yards. Q. Whether this man had a watch or no you cannot say? - I cannot, but he asked me if I would sell him one. Mr. Knowlys. My friend asked you whether you ever saw this man before. Had you an opportunity to observe his person? - I was in the room with him about an hour. Q. Did you observe any other part of his dress? - He had on a red jacket, and a pair of muscato trowsers. Q. Did you observe his shoes? - He had a pair of regimental shoes, and he offered the old ones. Q. Had he buckles in them? - He had strings in them, and he was going to pull them out of the old one to put in the new ones; I told him he had no occasion to pull them out, they were not worth taking away, I left all but the jacket and shirt, they were not worth taking away. JOHN SHEPHERD sworn. Q. I believe you are the person employed in the police office, Queen-square? - I am. Q. Do you act as clerk there? - I do. Q. Do you remember any person of the name of Barrett being brought to the office to be attested as a recruit? - I do. Q. Did you make the entry yourself? - I did. Q. When? - At the time. (Reads.) Edward Barrett brought by Watson, to serve Colonel Roberts . Q. Was that person attested? - That Edward Barrett was attested, I believe it was by Mr. Serjeant Kirby. Court. What is the date of it? - 7th of July. (The attestation shewn him.) There is part of my hand writing in this attestation, I did not witness it. Q. Was that person examined before the magistrate, before he took the oath? - Most undoubtedly. Q. Was he a person as far as you could judge of his state of mind, intoxicated or not? - If a person is in liquor the magistrates in general send them back, and if I perceive it I always turn them back.(The attestation read.) Court. Do you recollect the person of the man at all? - I have not the least doubt that he is the man, but I cannot swear positively, as far as my belief can go, I believe he is the man. Mr. Knapp. You say as far as belief will go, you will swear to him; I suppose that there are a great number of recruits attested before Mr. Serjeant Kirby? - A great number. Q. Do you mean to say that this man attracted your attention more than any other? - Yes, he talked very wild, telling a story about meeting some lady Q. Did you believe him to be sober though he talked so wild? - Yes, I did. Mr. SERJEANT KIRBY sworn. Q. You are one of the magistrates attending the police office, Westminster? - I am. Q. Do you recollect a person of the name of Barrett being brought before you to be attested? - No, I do not recollect him. Q. Be so good as to look at this attestation? - This is my attestation, and it does appear that such a man did come before me, and if he had had the least appearance of inebriety I should not have attested him. Q. Are you able to form a judgment to a certainty, that you examined this person? - It is my constant practice, in order to prevent misrepresentation. Q. Have you any recollection of the person of the man? - Not the least on earth; but I have great reason to believe this to be the man, there was a man according to my recollection, that I conceived was concealing the truth, and that he belonged to his majesty's navy; and if he did I certainly should not have sworn him in; therefore I examined him very strictly; and I remember a man's telling a story of his coming to town, his landing at Deal, his going into the Hospital for three days or thereabouts; I asked him how he got money to come to London? he told all that story when he came here at the last session; and there are a great number of the other circumstances that I do remember being related by a recruit that I did attest, and I do remember this circumstance to have happened but to one man. Mr. Knapp addressed the jury on the part of the defendant. Prisoner. I have been serving his majesty ever since I was seven years old, and for the honour of God send me back again. GUILTY . (Aged 35.) Transported for seven years . Tried by the London Jury before Mr. COMMON SERJEANT. WILLIAM GOLDSMITH 's trial was put off till the next session. The trial of MATTHEW DUNN , for murder, was put off till the next Session. THE OPINION OF THE TWELVE JUDGES ON THE CASE OF THOMAS THOMAS , AS delivered by Mr. Justice ASHURST. THOMAS THOMAS , you have been indicted and found guilty of stealing a letter out of the letter box; the Court were of opinion, as to this case, the conviction is a bad one; in as-much as in the indictment it was laid as done in the County of Middlesex; and from the evidence in the case it did not appear it was done in the County of Middlesex: and as all offences must be tried in the proper County where they are committed, therefore they think the conviction was bad, and you are cleared of that indictment . THE OPINION OF THE JUDGES ON THE CASE OF JOHN WATSON , As delivered by Mr. Justice ASHURST. JOHN WATSON , you have been indicted for stealing on the 27th of August last, several bank notes, of the value of a hundred pounds, in the dwelling house of John Smith . It will be unnecessary for me to go through this case, as all the circumstances have been gone through in the trial of Peter's, this session, and the circumstances are all exactly the same, the only doubt that was made in that case was, whether this was a felony, or whether it was only a fraud. Now that case is different from in this one respect, because that was laid for stealing out of a dwelling house, this is only for a common larceny. On this case the court has determined he is guilty of felony, but not in the dwelling house, and therefore that he is well convicted. In the present case this is only to inform you what the opinion of the court has been; namely, that under all the circumstances of the case, you are well convicted, for as to the law on the subject, in regard to the felony, there can be no doubt at all about that; because here the party, who is the owner of the goods, had never parted with the property, but with the possession, for that particular purpose, which purpose was never fulfilled, and it is plain that they got possession of the property under a promise to return it, and making the woman so to believe, when it is evident that they meant to purloin it, and convert it to their own use; and persons who come by property in that kind of way, it is now universally allowed that in law, it amounts to a felony, and not to a fraud. Transported for seven years . THE OPINION OF THE JUDGES ON THE CASES OF James Runnings , otherwise Pendegrast, Ann Darrington , Pbineabas Jacobs, and Lazarus Lazarus, AS delivered by Mr. Justice ASHURST. JAMES RUNNINGS , otherwise PENDERGRAST , ANN DOR-RINGTON , PHINEAHAS JACOBS , and LAZARUS LAZARUS , I am commissioned by the rest of the judges to give their opinion on your several cases, which, though they are four in number, are the same in circumstances; and I must state first to you, James Runnings, that the indictment against you was for uttering nine counterfeit pieces of money and coin, each, and every of them counterfeited to the likeness of the milled money, and silver coin of a good shilling; and thirty-three pieces of false counterfeit milled money and coin, to the likeness of a good sixpence, the same not being cut in pieces, unlawfully and feloniously did put off to one Isaac Page, at a lower rate and value than the said counterfeit and milled money did import to be for, that is to say, for half a guinea The crime of knowingly putting off counterfeit shillings was fully proved, and Armstrong proved that the money was bad, but he could not discern that the money had any milling on, but that the appearance was of worn shillings and sixpences; Mr. Knowlys, the counsel for the prisoner, objected, that the avetment in the indictment was not sustained, and quoted the act of Parliament, which enacts, that if any person knowingly putteth off counterfeit milled money at a lower rate than it imports in the form and likeness of good and legal money of this realm, he shall be guilty of felony; and says Mr. Knowlys, the evidence has not proved it to have any milling on it, and on the contrary, Armstrong, a witness for the crown, has expressly sworn that there was no appearance of milling on the money. Mr. Shelton stated that this was the usual way of laying indictments in all similar cases; the judges were all of opinion that the parts of the indictment were all well connected, and that the appellation of milled money has no referrence to its having the edging on it or not, now this will fully appear if one has recourse to the definition of coining, in Chamber's Dictonary and the description of the several circumstances attending the process there laid down. Coining says he, it either performed by the hammer or the mill, the first method is not now used in Europe, especially in England and France, though the only one known till the year 1553, when a new machine or coining mill was invented by an engraver. One Antoine Brucher was the first who tried it in the King's palace at Paris, for the coining of counters, &c. (And then he goes on describing the various parts of coining.) From whence it is plain that the operation of milling is a different thing from the edging, it is milled money before it is edged money, therefore these marks on the edge are not property attributed to a description of this kind, in fact, it was milled money before these marks were put on it, therefore the description of milled money is perfectly right, because the milling must be performed before it is edged, therefore the judges are all of opinion that the indictment was rightly laid, consequently the prisoner rightly convicted , and as all the cases are similar, it will affect all the four prisoners, who are to receive judgment accordingly. Each to be Imprisoned one year in Newgate , and fined 1s .

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CENTRAL CRIMINAL COURT. SESSIONS' PAPER. FARNCOMB, MAYOR. SECOND SESSION, HELD DECEMBER 17TH, 1849. MINUTES OF EVIDENCE, Taken in Short-hand BY JAMES DROVER BARNETT AND ALEXANDER BUCKLER, 33, Southampton-street, Strand. LONDON: GEORGE HEBERT, CHEAPSIDE. WILLIAM TYLER , PRINTER, BOLT-COURT, FLEET-STREET. 1849. THE WHOLE PROCEEDINGS On the Queen's Commission of the Peace, OYER AND TERMINER, AND GAOL DELIVERY The City of London, AND GAOL DELIVERY FOR THE COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION OF THE CENTRAL CRIMINAL COURT, Held on Monday, December 17th, 1849, and following Days. Before the Right Hon. THOMAS FARNCOMB ; LORD MAYOR of the City of London: Sir William Taylor Coleridge, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Key, Bart.; Sir George Carroll , Knt.; William Hunter , Esq.; Thomas Sidney, Esq. M.P.; Thomas Challis , Esq.; Thomas Quested Finnis, Esq.; Robert Walter Car den , Esq.; Aldermen of the said City; John Mirehouse, Esq., Common-Serjeant of the said City; and Edward Bullock , Esq., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court. WILLIAM LAWRENCE , Esq., Ald DONALD NICOLL , Esq. Sheriffs. JAMES JOSIAH MILLARD , Esq. DAVID WILLIAMS WIRE , Esq. Under-Sheriffs. LIST OF JURORS . First Jury. Wm. Henry Wilkinson John Smith Thomas Hargrare Sexton William Thermot Frederick Woolcot John Williams William Wood Samuel Wood William Walsh George Willis Clement White Jabez Abbott Second Jury. George Powell George Wright John Phillips William Perry William Shuter John Wellspring George Fielding John Tapster Joseph Wright Benjamin Elsom William Routledge John Mills Robeson Third Jury. Samuel Mearle Benjamin Verity William Thomas Thorn Thomas Wing Joseph Fainton John Fenton Junes Scott Edward Stunt William Wood Francis Robert Wilson Timothy Yates Richard Try Fourth Jury. Henry John Stocks John Williams Samuel Wood William Thermot John Smith Frederick Woolcock Jabez Abboton Thomu Hargrare Sexton George Willis William Wood William Walsh William Henry Wilkinson Fifth Jury. William Streaker William Spooner Robert Schofield Henry Gray William Seaward Alfred Munday Richard George Spice Henry Sandwell Thomas Gay James Harradine William Woodcock Robert Magnas Sixth Jury. Thomas Self William Wilder Henry Wild John Simmons William Kelly William James Squires Nathaniel ganger William Holway Thomas Matthew Peacock Henry Cobarg John Cox Frederick John Weston Seventh Jury. John Saunders William Musselahite William Evans George Morgan Thomas Dixon Husher William Lucy John Rivers Fountain George Richard Elenden Francis West Joseph Manning George Wilkinson William Rogers CENTRAL CRIMINAL COURT . FARNCOMB, MAYOR. SECOND SESSION . A star (*) denotes that prisoners have been previously in custody two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters. LONDON AND MIDDLESEX CASES . 187. THOMAS BERNARD M'CARTHY , JAMES GRADY , GEORGE GROUT ; and GEORGE M'CARTHY ; unlawfully conspiring to injure and defraud Henry Barr . NOT GUILTY . 188. ELIZA WOOD ; stealing 4 bottles of wine, value 20 s .; the goods of Richard Ratliffe , her master, to which she pleaded GUILTY . Aged 26.— Confined Three Months . 189. ALFRED LIPSCOMB ; stealing 27 sovereigns, the moneys of Cornelius Phillips , in his dwelling-house. MR. CLARKSON conducted the Prosecution. CORNELIUS PHILLIPS . I am an upholsterer at 5, Angel-place, Penton ville; it is my dwelling-house, and is in the parish of St. James's, Clerken well. The prisoner was in my service for six months, and quitted about five weeks ago—he was fully acquainted with the interior of my house—since he left he has sometimes called to see Rabjohn, my shopman—on Tuesday night, 27th Nov., I was in my shop about half-past eight o'clock; I heard a loud screaming, which induced me to run to the passage door—Rabjohn was there, close to the street door—my servant maid ran to me from the interior of the house; and from what she told me, I ran towards the parlour at the back of the shop, and saw the prisoner just inside the parlour coming through the door—he had no hat on, that was only a few seconds after I beard the screams—I then ran to the street door, Rabjohn and the girl were near the street door—I closed it, and ordered it not to be opened—I then went to the third-floor front, which is my bed-room—I had a secretaire there—the prisoner knew I was in habit of keeping my money there—I found it half open and a small inner drawer also, from which I missed 27 l . in gold, which I had seen safe about eleven in the forenoon—I came down stairs and found a policeman, and searched about the house with him—there is a back door; I turned the key of that door before I went up-stairs, so that nobody could have come in from the back door, after I heard the screams—it leads into a yard, which is surrounded by a high wall and some buildings—it the time I first saw the prisoner I had no suspicion of him, but when I came down I had, and I asked how he came through the parlour at that time—he said he was standing near the Angel at Islington, and hearing screams he ran down a private passage and through the parlour, where I met him—he was only two feet from the foot of the stairs; I had seen him at my house that evening—my house is three houses and a half from the Angel, the half is over a gateway—my passage-door has no spring to it, it will not shut of itself if it is opened—I opened it—when I went up-stairs the windows were all shut, and everything secure. Prisoner. Q. Could not any person have escaped the backway? A. No; a person could not very easily get over the wall—it is seven and a half-feet high—you did once get over it to let Mr. Morgan, a surgeon, in. JOHN RABJOHN . I am shopman to Mr. Phillips. After the prisoner left, he was in the habit of calling to see me—on Tuesday evening, 27th Nov., he came about half-past seven o'clock—he walked into the shop as usual, and we had a little conversation—about five minutes to eight I went to the street-door, and stood there, having the care of some goods out in the street, and left the prisoner in the middle of the shop—he came up to me, and said, "Master says you may take the chairs in"—I said, "Very well," and walked back to move a couch; the prisoner stepped out, and brought in an arm-chair and sat down in it close by my side—after some time he said, "You do not want me any longer, I will bid you good night"—I was then about fifteen feet within the shop; he went out, the shop door adjoins the street door—whether he went away or went into the passage I cannot tell—I placed the arm-chair in the room, and immediately went to the door, looked both ways, and could not see him—I stood on the threshold about a quarter of an hour or twenty minutes—I could see the Angel from there—if the prisoner had been standing there, I think I should have seen him—I then heard a cry of "Murder!" and women's screams from up-stairs—I immediately turned round, and Mr. Phillips came up—if the prisoner had come into the house after I heard the screams I must have seen him—I am positive he did not—Mr. Phillips had the girl in his arms—I took her from him, and he ran down the shop to get a light—he then came back and bolted the street door, and said to me, "Do not let anybody in or out"—I drew the servant twenty-nine inches from one door to the other, and when I turned round the prisoner was close to my elbow, without a hat, and his hair very much rumpled, and he was very much confused—he smoothed down his hair; he came from the direction of the back parlour—it would have been impossible for any one to have come in from the time I heard the scream till I saw the prisoner in the shop, without my seeing them—I said to him, " Tom , how did you come in the house when you bid me good-night a quarter of an hour ago?"—he made no reply—the girl was still screaming—a knock came to the door, it was the policeman—the prisoner said, "Hold the girl fast, and do not let her go out; I will go for a policeman"—he unbolted the door and ran out, as two policemen came in—I fastened the door afterwards; in about a quarter of an hour the prisoner came back and brought some policemen with him, four or five came in altogether—during the twenty minutes I was standing at the door the prisoner had time to go up-stairs and get the money, and he bad time enough to get rid of it afterwards—when he was given in custody he fell crying, and said, "Master, now I will tell you the truth"—the policeman stopped him, and said, Whatever you have got to say you must say before our superiors." MARIA STOCKER . I am in the prosecutor's service. On the evening of 27th Nov. from a quarter to half-past eight o'clock, I was coming down stairs, and thought I heard some one up-stairs—I went and lifted up the, valens of my master's bed, and saw a man's band underneath; I screamed out, and my master came and caught me—I did not see any more than the hand, I ran away screaming. Prisoner. Q. How long before the robbery had your mistress been up-stairs A. think about a quarter of an hour. GRACE PHILLIPS . I am the prosecutor's wife. On the evening of 27th Nov., I was on the second-floor of the house—in consequence of what the girl said to me, I went up after her to my bed-room on the third-floor—she raised the valens of the bed, and said there was somebody under it—as she left, I saw a person in the act of crawling from under the bed—the person turned his face towards me—it was the prisoner—I opened the window, and screamed out—I had been in the room about a quarter of an hour before—the secretaire was then safe, and shut. Prisoner. Q. Did you not say when you left the room you left the keys safe on the dressing-room table? A. Yes; you are the person that came from under the bed, to the best of my belief—I screamed out, for I was afraid you were coming towards me. GEORGE COLLINS ( policeman, N 59). I heard the screaming, went to the house, and went up-stairs with the prosecutor—I found no person in the house but the prisoner, or any trace of any—there was no appearance of any-person having escaped—the doors and windows were all shut and fastened—when we came down stairs, the prosecutor said to the prisoner, "We believe, Alfred, you know all about it; it will be best for you to tell the truth"—I stopped him and said, "You must not say anything of that, if you are going to give him in custody"—I took him in custody, searched him, and found a knife in his coat-pocket—I asked how he accounted for having it in his pos session—he said, "I am not bound to answer you any question; you can do nothing with me; you found no money on me"—he had heard Mr. Phillips say what he had lost—he afterwards said that when he went out he went to the Angel, and stopped there rather longer than he usually did; that be heard the screaming, and ran in—I afterwards examined the secretaire—it appeared to have been opened with a knife, or some such instrument—I afterwards locked it, applied this knife, and it opened it, and the marks cor responded. Prisoner's Defence. I left the shop about half-past seven o'clock to go to the Angel, to see what time it was, and said I would bring Rabjohn word; I met two men there, and stopped talking a few minutes; I heard a scream ing, and ran in, and the first person I saw in the shop was Mr. Tilley, a tobacconist; I went down the yard, and in at one of the side-doors, and met my master by the shop door; I was there about two hours before he said he suspected me. GUILTY . Aged 17 .— Confined One Year . 190. SAMUEL MARLOW PHILLP ; embezzling the sums of 4 l . 17 s .; 2 l . 8 s . 6 d ., and 2 l . 8 s . 6 d: also , 2 other sums of 2 l . 8 s . 6 d .: also , 3 l . 12 s . 9 d .; the moneys of John Allnutt , and others, his masters: having been before convicted: to which he pleaded GUILTY . Aged 29.— Confined Four Months . ( The Prosecutor recommended the prisoner to mercy, and MR. CLARKSON stated that the previous conviction was seventeen years ago, since which time he had recovered his character. ) 191. GEORGE THOMAS ; stealing a pair of shoes, value 2 s .; the goods of John Messinger ; having been before convicted: to which he pleaded GUILTY . Aged 24.— Confined One Year . 192. FREDERICK BURRELL , CHARLES SMITH ; and ALFRED HUMPHREYS ; stealing a leg of mutton, value 4 s .; the goods of John Wells . JOHN WELLS . I am a butcher at Hillingdon, and have a stall in Uxbridge market, Humphreys assisted me occasionally in loading and unloading my cart—he did so on 8th Dec.—I had a leg of mutton that day, which I have since missed; I lost it from my cart—the policeman came and showed it to me, and this is it ( produced )—I swear to it from the way I have of cutting it. Cross-examined by MR. CARTER . Q. When did you put it into the cart? A. On Saturday night, about ten o'clock—I am a regular butcher; I was brought up to it—they cut very different in Oxfordshire to what they do in this county; we cut them longer—I remember this leg by hacking it on the edge—I missed the joint—I first missed it on the Tuesday, but could not tell whether I had lost or sold it—it was the policeman coming that enabled me to recollect I had not sold it—I then went round to my customers—I kill about four sheep a week—I took back several different joints on the Saturday night, amounting to more than one sheep. DANIEL SUDBURY . I saw the three prisoners together, on the Monday, and watched them from about six to eight o'clock—at eight, I saw them all three go up Page's-lane; afterwards Humphreys came back, walked to the corner, and whistled, and Burrell and Humphreys came down together—they all three turned to go down the town—I went across, and asked Burrell what he had under his coat—he said, "Nothing"—I found this leg of mutton—I asked where he got it—he said he found it—I took him to the station—the others ran away. GEORGE WELLINS . I saw Burrell and Humphreys round the cart after the meat was packed up—they followed me down to where the cart was standing—the mutton was then safe, for what I know—the cart was at the Three Legs public-house—I was in charge of it—I went away to fetch a young man to go home with my master—there were not many people about then—the cart was covered over with a cloth. RICHARD ROADKNIGHT ( policeman ), I took Humphreys into custody—he asked what it was for—I said for stealing a leg of mutton—he said, "Have you got Burrell?"—I said, "Yes, you will see him at the station"—I saw them all three together, on the Saturday and Monday night BURRELL — GUILTY .* Aged 17.— Confined Four Months SMITH and HUMPHREYS — NOT GUILTY . 193. THOMAS WICKENDEN the younger , unlawfully obtaining 42 l .; of William George Bellard , by false pretences. ( MR. PAYNE offered no evidence.) NOT GUILTY . 194. JOHN WOODWARD and JOHN SMITH; stealing 1 till, value 6 d ., and 10 s . 6 d .; the property of Robert Field : to which WOODWARD pleaded GUILTY . Aged 14.— Confined Four Months . ROBERT FIELD . I am a dairyman, of Denbigh-street, Pimlico. On 2d Dec, about eight o'clock in the evening, I went into my shop and saw Woodward under my counter—I took hold of his legs and pulled him away—he had neither shoes or stockings on; his feet were quite clean and dry—my till was under him, on the floor; it was safe in the counter at five—I did not see Smith. WILLIAM SIMONS . I am in Inspector of police. On 2d Dec, about eight o'clock in the evening, I was passing Warwick-street, and saw Smith leaving the corner of the prosecutor's shop in a hurried manner—he had a pair of shoes in his hand, and this stick—there was a gas-light—a female came to the shop-door and called "Police!"—Smith ran away—I pursued and caught him—I bad lost sight of him three times—I am certain the person I caught was the same I saw at first—I stopped him in a square—he flung the shoes over the railings, and gave me the stick—I sent an officer to get the shoes—Smith said, they were a pair he had found—I saw these shoes fitted on Woodward—they fitted him exactly. Smith's Defence. It rained very hard, and I was running home; I found the shoes in the square, and threw them-over into the green. SMITH — NOT GUILTY . 195. RICHARD WEBBER ; stealing 1 adze and 1 axe, value 6 s . 6 d .; the goods of William Lilburne , in a vessel in a port. ( The prosecutor did not appear. ) NOT GUILTY . 196. JOHN BARTHOLOMEW ; feloniously forging and uttering a receipt for 7 s .; also , a receipt for 5 s .; also , one for 2 s . 7 d .; with intent to defraud Daniel Pratt ; also , stealing 33 postage stamps, and 2 half sovereigns; also , 1 half sovereign; the moneys of Daniel Pratt , his master: to all of which he pleaded GUILTY . Aged 29— Recommended to mercy by, and received a good character from, the Prosecutor.— Confined One Year . 197. SUSAN HARRISS ; stealing 1 gown, 1 frock, and 1 cloak, value 16 s .; the goods of Thomas William M'Duell , from his person: to which she pleaded GUILTY . Aged 16.— Confined Six Months . (There was another indictment against the prisoner). 198. GEORGE TERRY ; stealing 1 sovereign; the money of John Fall over , his master: to which he pleaded GUILTY . Aged 15.— Confined, Six Days and Whipped. 199. HENRY POPE ; stealing 3 pairs of boots, and 2 pairs of shoes, value 11 s . 10 d . the goods of Joseph Rosimbloom , his master: to which he pleaded GUILTY . Aged 30.— Confined Nine Months . 200. ISAAC KEATES ; embezzling 5 s . 5 d .; the moneys of William Wellard , his master: to which he pleaded GUILTY . Aged 18— Confined Six Months . 201. JOHN WILLIAMS ; stealing 1 pewter pot, value 8 d .; the goods of Richard Lancaster Swallow : also , 3 pewter pots, value 3 s .; the goods of Clara Sumners : also , 1 pewter pot, value 18 d .; the goods of Richard Reekes : to all of which he pleaded GUILTY . Aged 30.— Confined Six Months . 202. MARY ANN KELLY ; stealing 1 pillow, 2 sheets, and other arti cles, value 26 s .; also , 1 gown and other articles, value 10 s . 6 d .; the goods of Charles Power ; also , 2 blankets and other articles, value 15 s .; the goods of James Nowlan : to which she pleaded GUILTY .* Aged 35.— Confined Six Months . 203. JAMES THATCHER ; stealing 45 lbs. weight of sugar, value 20 l .; the goods of Henry Hatton . THOMAS KEEN . I am wagoner to Henry Hatton. On 25th Nov., I loaded my cart with sugar, and lost one loaf. Cross-examined by MR. ROBINSON . Q. You left the van at the Oxford Arms? A. Yes; it broke down, and was left in the prisoner's custody there—he is the watchman—my master has no partner. JAMES BEAVIS . I am a grocer of 18, Shoemaker-row. On 3d Dec., the prisoner called on me, and offered me this loaf of sugar for sale when the shop was full of customers—he left it with me—finding it had been packed for the country, and that the direction had been torn off, I suspected it was stolen, and sent for a policeman. JOHN WOOD . I am delivery-clerk to Bowman and another, sugar-refiners; delivered a lot of sugar to King—this is part of it. Cross-examined. Q. How do you know it? A. By the white paper, and the number on it—all the sugar I gave him had this number on it. JOHN CORAM ( policeman ). I took the prisoner. (The prisoner received a good character.) GUILTY . Aged 52.— Confined Three Months . 204. ELIZABETH SURRIDGE ; stealing 1 half-crown, 2 shillings, and 2 sixpences; the moneys of Thomas John Ash , from the person of Eliza beth Ash : having been before convicted. ELIZABETH ASH . On 2d Dec, about twelve o'clock at night, I was in my passage getting my husband out of a quarrel—his name is Thomas John Ash—I received information, and missed my money, a half-crown, two six pences, and some coppers. MART PACXER . I saw the prisoner hanging about Mrs. Ash—she had her hand on Mrs. Ash's side, under her dress—I said, "You are not wanted here; you do not belong"—she directly ran off—I told Mrs. Ash. PATRICK RIORDEN ( policeman ). I went after the prisoner, and took her to the station—she put her hand in her pocket and took out one shilling and fourpence three farthings—I took it out of her hand—the female searcher searched her, but only found a latch-key—while we were waiting in the passage at the police-court, a man came up and she gave him her handkerchief I took it from him, and found a half-crown in it. Prisoner's Defence. My cousin gave me the half-crown; the person who took the money gave Mr. Ash one shilling of it; Mrs. Ash said, if I would give her five shillings she would not come against me. MRS. ASH re-examined. A party came and offered me the money, but I would not take it. HENRY TYLER ( policeman, A 412). I produce a certificate—( read—Emma Surridge, Convicted Jan. , 1847, of stealing money from the person, and transported for ten years )—I was presents—she is the person—she got off transportation owing to her good conduct. GUILTY . Aged 16.— Transported for Ten Years . 205. WILLIAM JOHN HARDY and CHARLES HILL ; stealing 1 shift, 1 shirt, and 1 night-gown, value 7 s .; the goods of James Stevens : HARDY having been before convicted. JAMES STEVENS . I am a gentleman's servant. I received information, and ran after Hardy and overtook him with my wife's clothes in his basket of herrings—another young lad was near him, but I was not near enough to see him. FRANCES STEVENS . This gown is mine, and the shirt my husband's-1 had hung them up to dry. JAMES HALL . I was at work, and saw two persons—one got over the hedge and took some linen and gave it to the other—Hardy was one. GEORGE LANGDON ( policeman ). I took Hill, and told him the charge—he said he had been expecting me before; that he did not take them, hut he watched while Hardy took them and put them over the hedge, and he put them in the basket, GEORGE LANODON ( re-examined ). I produce a certificate ( read—John Hardy, Convicted Feb. , 1847, having been before convicted, and confined six months )—Hardy is the person. HILL — GUILTY . Aged 21.— Confined Seven Days , and Whipped. HARDY — GUILTY . Aged 16.— Transported for Seven Years . 206. RICHARD AYRES ; stealing 1 hat, value 10 s .; the goods of Lucy Williams : having been before convicted. ELIZA SUTTER . I am the wife of Edward Sutter, of 14, North-place. On 3 rd Dec. I was standing next door to Lucy Williams's shop; the prisoner came up and said he was badly off, like me, and was obliged to sell matches; that he was going to steal something, and if I saw him take anything not to tell, and he would give me a pint of beer; that he had 4 d . a night to pay for his lodging, and had nothing to pay it with—I said, "You had better go on; I don't want to know your business"—he left me, crossed the road, and I saw him standing at the door of Mrs. Williams's shop—I saw his hand up with something bright in it, and then I saw a hat in his hand—he ran across the road with it—I gave information. THOMAS CHARLES CORPE . I am in the service of Mrs. Lucy Williams. I received information, and missed a hat from the door—I had seen it safe five minutes before. WILLIAM HARRIS ( policeman ). I took the prisoner, and told him it was for stealing a hat, and asked if he recollected speaking to a match woman—he said yes, but he knew nothing about a hat—I found a pair of scissors in his pocket. Prisoners Defence. I am a grinder, and had the scissors to grind; I was not there at the time. WILLIAM HARRIS ( re-examined ). I produce a certificate—( read-Richard Jyres, Convicted March , 1849, and confined six months )—the pri soner is the man. GUILTY . † * Aged 20.— Transported for Seven Years . 207. THOMAS BROOKS ; stealing 1 jacket, 1 waistcoat, 1 pair of trow sers, and other articles, value 1 l . 11 s .; the goods of Stephen Blenkin , in a vessel on the Regent's Canal . STEPHEN BLENKIN . I am a sailor, on board the Medora , which was lying in the Regent's Canal. On Friday morning, the 30th Nov., I missed a jacket, trowsers, waistcoat, handkerchief, shirt, and a pair of shoes from my chest in the forecastle—I had seen them there at eleven o'clock the night before—these are them ( produced ), JAMES WALKER . The prisoner lodged in the same house with me. On Friday morning, 30th Nov., he came home about seven o'clock, with a suit of clothes on—he sat down by the fire and looked in the pockets—there was a threepenny-piece in one and a farthing in another—he went out and got some grub with the threepenny-piece, and took the clothes to pawn—he came back, and said he had been to several shops, and they would not take them in, but at last be pawned them for 7 s .—he showed me the ticket—I can swear to this handkerchief, but not to anything else. JAMES EVES ( policeman ). I took the prisoner, and told him it was for stealing some clothes on the Regent's Canal—he said he had not been there—I found these shoes ( produced ) at the side of his bed. STEPHEN BLENKIN re-examined. I swear these are my shoes—I had a threepenny-piece and a farthing in my pocket—my chest was open—some one must have come down while I was asleep. Prisoner's Defence. I bought the shoes in Petticoat-lane, about two months ago. GUILTY . Aged 17.— Confined Six Months . 208. JANE NICHOLSON ; stealing 1 table-cloth, 1 shift, and 1 towel, value 7 s .; the goods of Charlotte Digby , her mistress. CAROLINE HURST . I am a servant to Charlotte Digby. The prisoner was occasionally employed to clean—I have missed a table-cloth, shift, and towel, my mistress's property—these are them ( produced )—she had the sheets to wash. JAMES JOHNSON . I am in the employment of Mr. Trail, a pawnbroker. 1 produce the articles—I took them in pledge of the prisoner. Prisoner's Defence. I intended to replace the things. GUILTY . Aged 53.— Confined Four Months . 209. JOSEPH DEAR ; embezzling the sums of 4 l . and 25 l .; which he had received on account of Charles Paul Millard , his master: to which he pleaded. GUILTY . Aged 40.— Recommended to mercy.— Confined Six Months . 210. WILLIAM HICKEY was indicted for feloniously killing and slaying William-M'Carthy. MICHAEL CLEARY . On 6th June, about five o'clock in the evening, I saw the prisoner and M'Carthy fighting—Hickey had a knife in his hand—I attempted to separate them, and saw McCarthy make a blow at Hickey—I interfered, and got M'Carthy away—he told me he was stabbed, and put his band under his smock, and showed me the blood. Cross-examined by MR. BALLANTINE . Q. They were neither of them sober? A. I do not believe they were—I was not there at the commence ment—Mrs. Hickey was in the row , near her husband—she was not fighting. DANIEL HEALET . I saw the prisoner and deceased close, but I cannot say whether they struck each other—I saw Hickey draw a knife from his pocket and open it—he told M'Carthy if he did not go away, it would be the worse for him, or something to that effect—he made over to M'Carthy, who struck him; but whether Hickey returned the blow or not I cannot say—M'Carthy ran up the lane, and Hickey and the mob followed him. Cross-examined. Q. Did you see any woman? A. Mrs. Hickey was there—I do not know whether she had been insulted by M'Carthy, or how the row began. WILLIAM PARKINSON . I am sergeant-major in the East India Company's service. The deceased was a recruit—I saw him at University Hospital several times—I saw him in July, at the depot barracks. CHARLES BLOXON . I am a surgeon. On 27th June I saw M'Carthy, and attended him until 12th Nov., when be died—I examined his body; death was caused by abscess of the left lung—the injury to the lung might have been caused by a wound with a knife—on 27th June there appeared to have been an injury over the left lung, between the sixth and seventh ribs. Cross-examined. Q. Did the knife penetrate the lung? A. I bad no means of ascertaining till after death, and then the lung was entirely decom posed—the abscess might have begun to form about the beginning of July—I should say there was no abscess when he first came under my treatment, because I tried him with the tests when he passed as a recruit, on 27th June—I did not sound him—that would be the way to ascertain whether there was an abscess—I should put my ear to his back, and strike his breast; and if not satisfied, I should use the stethoscope—I did not use any of those methods when I examined him about 2d July—I found a derangement of the lungs—an abscess is different from an ulcer; abscesses frequently occur in the lungs without external injury—I have known an instance of abscess in the lungs from a wound with a sharp instrument—I cannot say that the wound reached the lungs—he was a strong, healthy-looking man, and I think full-blooded, but he had lost a good deal of blood then—he was twenty-one or twenty-two years old. COURT . Q. Was he put on duty before his death? A. No. HENRY SEARLE GATE . I am a surgeon, of University College Hospital. M'Carthy was brought there on 6th June—I found a wound on his left side, which appeared to have been made with a sharp-pointed instrument, as a knife, between the sixth and seventh rib—I probed it to the depth of an inch and a half, but thought I might do mischief if I probed it further—it was in the region of the lung—he was under my care two or three weeks—he was in considerable danger the first ten days—there was inflammation of the lung and membrane also—the injury would be very likely to occasion an abscess—I should say there was no other cause for it—he was a strong, healthy man. EBENEZER IRONMONGER ( policeman ). On 6th June I went into the charge-room at the police-station, and saw M'Carthy sitting on a chair—I saw a stab in his left side—I took him outside to see if he could identify the man who did it—he pointed to a man, who I apprehended, and was obliged to let go again—I took the deceased to the hospital—when I took the prisoner, I told him M'Carthy was dead—he said he wished he had given himself tip when he had done it—he was very much distressed, and could scarcely stand. MR. BLOXON re-examined. I cannot say in what state the roan was when he left University Hospital—when I received him he was in a very debilitated state from loss of blood—he rallied after being under treatment-the first symptoms of the abscess on the lungs was shivering and general fever; that came on on 2d July—I saw nothing that could have brought that on but the wound—the original wound had healed when he came in, and he said he felt all right, but weak—it was on 6th Aug. that the wound re-opened, and discharged an immense quantity of blood—that would be the effect of the abscess—pus always finds its way externally, and would take the weakest point—I have no reason to think that the abscess was forming before the wound was inflicted; I should say not from the appearance of the man—an abscess would not form immediately from a wound; it is the result of inflammation; it would take time—I do not think any inflammation existed when he arrived at the depot—I dare say the loss of blood had kept it down—I do not think he was discharged from the hospital too soon—I think he was in a convalescent state when he came—he was put into the hospital of the depot immediately—I took him under my charge on 27th July—that was the first time I saw him. MR. GAYE re-examined , I saw him when he was brought in, on 6th June—he left on the 22nd, he was then convalescent, and in a fit state to be discharged had he not been going to another hospital—I can imagine no other cause of the abscess but the wound—he had severe inflammation immediately after his admission, and by very severe means that was overcome—he was left in a state of great debility, and at the time of his dismissal there might have been chronic inflammation of the lung, which probably gave rise to the abscess. GUILTY . Aged 28.— Transported for Seven Years . 211. JOHANNA BROWN and MARGARET FORBES ; were indicted for a robbery on William Williamson , and stealing 2 half-crowns, his moneys; and at the time of the said robbery, feloniously cutting and wounding him on the head: Brown having been before convicted. WILLIAM WILLIAMSON . I am a butcher, of 10, Crown-street, Westminster. On 10th Dec, about half-past twelve o'clock at night, I was going hone, and met the prisoner Brown—she asked me to go home with her—I went with her—she showed me into a room, and I gave her a shilling—she said I was not going to have anything for that, so I asked her to give it me back—she refused and took hold of the poker, and tried to hit me with it—I stopped her from hitting me with it, and then she called out for Thompson-Mr. Thompson came up, and said it would be best for me to leave—I said I should not go till I had got my money, and then the two of them caught hold behind my neck, and another in front of me tearing away at me, Brown paid in at one side of my head with the poker, and Forbes with a lift preserver or a stick on the other side of my head—the blood came very much—I had two half-crowns in my pocket, and when I got out and got to the top of the court I missed them—I am sure I had them safe when I was there—my cap was off at the time I received the blows—it has not been found—I suppose they had it—I went to the police, and they said they would lock me up if I was not off—I then went down to the station-house, I was perfectly sober—I was bleeding very much when I accosted the police—this poker ( produced ) the officer picked up when he came from the hospital, just by the door—I cannot swear it is the poker with which I was struck, it if like it—I am perfectly sure the prisoners are the two women that struck me. Brown. You wanted me to go and live with you, and said your wife was out of town, and I said I would not. Witness. There was never such a word mentioned—you hit me with the poker more than once or twice. ELIZA JOHNSON . I am a searcher. Forbes was brought to the station that same night—I examined her—there were marks of blood on her dress, and spots of blood on her shawl, and wet, as though they had tried to wipe it off. CHARLES MOORE ( policeman, A 285). I went to the house in com pany with the prosecutor, and found this poker about a yard and a half from the door—he was very much wounded, his head was a mass of blood on both sides. JOHN MARSHALL ( policeman, B 60). I took Brown in custody, the prosecutor identified her—I afterwards took Forbes, he identified her also—she said she had nothing whatever to do with it—the prosecutor posi tively said that both of them were there—he said, in their presence, that they had knocked him about for some purpose, and Brown answered, "I should knock any b-man about that would try to f—me foolishly" Brown's Defence. I met this man, and he asked if I would come home with him, I said "No," I lived too far away; a young woman lent me her room in Union-court, and I went up-stairs with him; I asked him if he wit not the man that sold liquor for Mr. Elliott without a licence; he said, "Yes;" he said, "Will you live with me?" I said, "No;" he douted my candle, and gave me a sixpenny-piece, and a piece of bad coin with a Prince of Wales' feather on it; I asked him if that was money; he took up the poker, and was going to hit me; I stood in my own defence; he threw me on the bed, and held me by my throat; Mr. Thompson came up-stairs at the same time, and told him to be quiet; he sat down again for about a quarter of an hour, and then threw me on the bed again, and put his knee in my throat; I hallooed again for Mr. Thompson, and he came up again; I hallooed "Murder!" the policeman stood at the door, and would not take the charge; he said I was big enough to take my own part; if it had not been for the help of Thompson, he would have knocked me dead; there were several other girls in the house, and he took hold of one, and said she was the girl that struck him; I only stood in my own defence; it was not the poker he was struck with, it was only a little bit of wire; he hit the table and broke it; and said he would kill anybody that came up to take my part; he would not have given me in charge, but for the sake of getting money here; he has had several cases; he sells gin without a licence, and keeps a bad house. Forbes's Defence. As I was going up Union-court, this man had Brown on the bed; she asked me to fetch a policeman; I went down and stood at the street-door, two policemen were there; I asked them to come up, and the prosecutor came down, laid hold of me, and said I was one of the girls; I never struck him. JOHN MARSHALL re-examined. I did not observe any marks of violence about Brown. CHARLES MOORE re-examined. I did not observe any. HENRY HOLLAMBY ( policeman ). I produce a certificate—( read—Phœbet Hurley, convicted April , 1848, of larceny from the person, and confined six months )—I was present at that trial—Brown is the person. BROWN — GUILTY . Aged 21. FORBES — GUILTY . Aged 18. DEATH recorded 212. THOMAS PIERTON ; breaking and entering the dwelling-home of William Halket , and stealing 1 coat, and other articles, value 2 l . 9 s .; his goods: to which he pleaded GUILTY . Aged 22.— Confined Six Months . 213. WILLIAM RHODES and CHARLES COOPER ; burglariously breaking and entering the dwelling-house of George Mence , with intent to steal.—2d COUNT , for burglariously breaking out of the said dwelling-house.—Other COUNTS , stating it to be the dwelling-house of Thomas Grueber and others. MR. BALLANTINE conducted the Prosecution. THOMAS GRUEBER . I am a partner in the firm of Dodd, Grueber and Rowsell, solicitors, of 5, Billiter-street—we are the lessees of the house, and underlet the ground-floor to the London General Pension Society—we occupy the first floor, part of the second, and an office at the back of the house. The prisoner Cooper was formerly in our service; I think he came in 1842, and was discharged about twelve months ago—I did not sleep in the house-Mr. Mence, to whom we let the upper part, does—the house is in the parish of St. Catherine Cree—on Thursday, 6th Dec, I left the office about half-past two o'clock—I went again about ten next morning, and was then told that the prisoners were in custody—I examined the premises, and found the door into the clerk's office had been broken open—in the second desk in that office, belonging to one of our confidential clerks, was kept the key of the iron safe and cash-box—the cash-box was kept in the safe-Cooper would know that—I saw marks on the desk which corresponded with a jemmy that was shown me by the police—the other desk was not tried at all—I examined a closet under the stairs, and found a quantity of torn enve lopes and papers there—the cupboard was large enough to hold two persons, if they wanted to conceal themselves—there was a little bit of string inside, apparently made from a piece of cocoa-nut matting, so that they could open or close the cupboard-door from the inside—I examined the staircase, and found that the persons got into the cupboard by putting their feet on a leaden water-pipe which runs along there. Cross-examined by MR. CLARKSON . Q. Did you find anything denoting that anybody had got into the closet by means of the pipe? A. The pipe bore footmarks—any person could get into the cupboard without any difficulty from that pipe—it comes nearly flush with the door—the inner door is never open in the day-time, unless anybody leaves it open on coming in—the outer one is always open—no one belonging to the firm sleeps in the house—there was no breaking of the outer door—there is no door for Mr. Mence; the same door leads to all the floors—the clerk's office door on the first floor was broken open—after the clerks leave, the housekeeper locks up; she is not here. MR. BALLANTINE . Q. There is an outer door and then an inner door, leading to the chambers in the house? A. Yes, the cupboard is on the stair case—I left two of the clerks there, to the best of my recollection, on 6th Dec—the office-door was broken—the policeman produced an instrument to me which fitted it—it was quite clear the door had been broken open. GEORGE MENCE . I am secretary to the London General Pension Society, and occupy a portion of 5, Billiter-street, as tenant to Messrs. Dodds and Co. The Pennion Society occupies the ground-floor, and I occupy a part of the second, and the whole of the upper part On 6th Dec. I went to bed at twenty minutes to one o'clock in the morning—the house was then quite safe—the inner office door was closed—about half-past two in the morning, I was awoke by a loud noise which appeared to come from the first floor—I lighted a candle, and went out to the landing, and called to my servants; I thought the noise came from them—I called out very loud; I awoke them; they answered so as to convince me that they were not the cause of the noise—I then called out, "Take care; there are persons in the house who ought not to be," and I called out very loud indeed twice, "I am coming down; I am coming down"—I then ran to the bed-room window in front of the house, and shouted "Police!" as loud as I could—I then heard what appeared to me to be the street door open, and I saw two men run from it towards the top of the street; one appeared to run from the house, and the other to run under the eave of the house—I was only able to see them, not to identify them—I observed the one who ran on the other side had a lighter coat than the other—when I went down stairs I found the front room first floor door lock forcibly broken—that was the door I had seen safe at half-past twelve—part of the wood was splintered, and the bolt of the lock remained as if locked—when I went round the house, the cupboard was shut, and after the alarm it was open—when I went down, I let in the policeman. Cooper. Q. How many times did you call "Police?" A. I should say at least a dozen times—the police came before I had called half-a-dozen times. Cross-examined. Do you mean to swear you heard the opening or shutting of the door? A. I do not—I did not. see any one in the house—the outer door is open during the day, except on Sundays—I have nothing to do with Messrs. Dodd's office. MR. BALLANTINE . Q. Was the outer door open or shut when you went to bed? A. Shut, and the private staircase door, and also the door which was afterwards broken. JOHN SMITH ( City-policeman , 611). On Friday morning, 7th Dec., I was on duty in Leadenhall-street, and at a quarter to three heard a cry of" Police!" from 5, Billiter-street—I ran towards the house, and when I came within sight of it, I saw the two prisoners rush out from the door of No. 5—they stood for a few seconds until I crossed near them, and Cooper went to the opposite side—Rhodes stood still—I thought to secure him, and he made a side bounce out of the centre, and they both started off towards Leadenhall-street—there is a gas-light over the house-door—I have not the shadow of a doubt that they are the persons—I tried to catch both, and called "Stop thief!"—I met Sergeant Tregaskis at Leadenhall-street, and the prisoners were secured—I saw Rhodes taken; I am sure he is the person—I saw Cooper at the sta tion afterwards—I searched Rhodes, and found on him a box of lucifers, a file, a bunch of small keys, a George the Second coin, a little bottle contain ing oil—I knew Cooper directly he was brought in. Cross-examined. Q. Was it dark? A. No; the gas lamp gave sufficient light for me to see them—it is not a foot from the door—it is my belief that they rushed from the house, from the rush that they came from the door—I lost them both—Rhodes was secured in less than three minutes—I had never seen him before to my knowledge—I did not turn on my bull's eye, there was no need—I was within three yards of the door, when they started off—when I first saw the rush, I was fifteen or not more than twenty yards from it. MR. BALLANTINE . Q. Whether you saw them come out of the house or not, are you sure you saw them come from the door? A. Yes; if they were standing at the door, they could not have come with such force as they did—the lamp enabled me to see very well. Cooper. Q. You say I was crossing towards Leadenhall-street? A. At you got down to Leadenhall-street the sergeant approached you—you made an attempt to run up towards Aldgate-pump, and then you came round again, and be pursued you—I took notice of you, for I followed, and you had on a dark brown or green coat; I will not swear exactly to the colour. WILLIAM BURGESS ( City-policeman , 670). I heard a cry of "Police!" and took Rhodes—he was concealing himself in a dark gateway—he said, "What do you take me for?—I said, "Wait until the other officer comes up, and you will see"—he was taken to the station and searched. WILLIAM PICKERING TREGASKIS ( City police-sergeant , 48). On 7th Dec., about a quarter to three o'clock, I was near to Billiter-street, heard a cry of "Police!" and ran to the corner of that street—I then saw Smith in the act of stopping two men—I observed those two men, but was not near enough to see their faces—I saw one of them get away—he made a feint as if to go down Leadenhall-street towards Aldgate-pump—I ran across, thinking to take him before he got into Leadenhall-street, and he made a curve and ran towards St. Mary Axe into Lime-street—just after he had passed Leaden hall-place, I observed by the motion of his body that he threw something away, and heard something—he was stopped by Cham bers, and it was the prisoner Cooper—I went back and searched, with another constable, and he said, just before me, "Here it is, sergeant," and picked up this dark lanthorn—it was quite warm—this jemmy and I chisel were given me by a boy—about three o'clock I went to 5, Billiter-street, and fitted it—there were marks on the desk made by it, and on the I door, and on this piece of wood which I have brought away—the door I appears to have been broken from the outside—if a person had been concealed in the cupboard, he would have got to the inner door by coming out of the cupboard, and going up one flight of stairs on to the first-floor—I have been in the police nine years—oil and lucifers are things persons would use in transactions of this kind—I found neither lucifers or oil on Cooper—Cooper's coat was covered with lime, so as to give it a light appearance—the cup board bore marks of having been rubbed against, and on the paper in the cupboard there were visible marks of the seats of two persons, and their shoes bore marks of whitewash—in the morning, I examined about a hand full of dust which had been swept up, and among it I found two matches which exactly corresponded with those I found on Phillips—I have them here—there were no matches in the house of the kind. CHARLES CHAMBERS ( City policeman , 523). I took Cooper into custody and found these skeleton keys ( produced ) in his pocket—they are regular skeleton keys. MR. CLARKSON submitted that the part of the house that was broken, was not the dwelling-house of either party stated in the indictment, Mr. Mence having nothing to do with that portion, and no person on behalf of Messrs. Dodd dwelling there—nor was there any proof of breaking out. MR. BALLANTINE contended that it was not necessary to show that the part broken belonged to w party dwelling in the house; but that proof of one of the parties dwelling there was sufficient. THE COMMON SERJEANT was of opinion that although then might not be proof to support the charge of breaking into the dwelling house of Messrs. Dodd, yet as the prisoners were proved to have broken into the house in which Mr. Mence dwelt, that would be quite sufficient to make the dwelling-house his for this purpose, although the part actually broken might not be in his occupation. Cooper's Defence. I was passing down the New Kent-road, when a friend of mine, or rather a young man asked me to take care of a brown paper parcel; he gave it me. I went on to an ale-house near the Elephant and Castle, and then undid the paper, and not until then did I know that it con tained these keys; I had an appointment with my brother in Whitechapel-road which detained me till late, and on my way through Billiter-street, I heard cries of "Police!" having these keys on me, I certainly ran, fearing if they were found on me, I should get into trouble; in justice to the other prisoner, I must say, that until this moment I never saw him. RHODES — GUILTY .* Aged 24.— Transported for Seven Years . COOPER — GUILTY .* Aged 22.— Transported for Ten Years . 214. MARY CUTMORE ; stealing 1 brooch, 1 ring, and other articles, value 21 s .; the goods of Joseph Tomlin , her master: to which she pleaded GUILTY . Aged 16.— Confined Four Months . 215. WILLIAM DEAN and THOMAS WINTER ; stealing 1 handker chief, value 3 s .; the goods of David Craig , from his person; Dean having been before convicted: to which DEAN pleaded GUILTY . Aged 19.— Confined Twelve Months . WINTER pleaded GUILTY . Aged 20.— Confined Six Months . 216. SARAH SPENCER ; unlawfully uttering counterfeit coin; to which she pleaded GUILTY . Aged 15.— Confined Twelve Months . 217. MARY GUYON and ELIZABETH SPRINGFIELD were indicted for a like offence: to which GUYON pleaded GUILTY . Aged 61. SPRINGFIELD pleaded GUILTY . Aged 29. Confined Twelve months 218. CHARLES BURKET was indicted for a like offence. MESSRS. ELLIS and BODKIN conducted the Prosecution. JAMES SHORT . I am barman to Mr. Beeson, of the Bricklayers' Arms, Collingwood-street, Mile-end. On 27th Nov. the prisoner came, with two females—he called for a quartern of gin, which came to 4 d .—he put me down a counterfeit sixpence—I bent it with my teeth, told him it was bad, gave it him back, and said he gave me a bad one three weeks ago; to which he made no reply, but gave it to one of the females whom he called his mistress, who paid me for the gin in copper—they all went away together—the prisoner came back in about half an hour—he called for another quartern of the best gin in one of Mr. Beeson's own bottles—I gave it him, and he said, "That will come to sixpence, will it not?"—I said, "Yes"—he put down another counterfeit sixpence—I gave him to the police man, marked the sixpence, gave it him, and gave the prisoner into custody. JOHN BIRAND ( policeman, K 117). On 27th Nov. Mr. Short made a communication to me, and I watched the prisoner and the two women—I heard the prisoner say he would have some to night—he went to the Lord Collingwood, and came out, and returned to Beeson's—I followed him, and heard Mr. Short say, "This is another bad sixpence"—I took the prisoner; my brother constable searched him, and found on him four other sixpences in my presence—this is the sixpence I received from Mr. Short. FRANCIS TOWNSON ( policeman, K 271). I found these four sixpences on the prisoner, wrapped up separately in a piece of rag. WILLIAM WEBSTER . I am inspector of coin to the Mint. These fire sixpences are counterfeit, and are from the same mould. Prisoners Defence. I found them in Hoxton; I did not know they were bad. GUILTY . Aged 35.— Confined Twelve Months . 219. JAMES PARKER ; stealing 2 pairs of lace sleeves, value 5 s .; the goods of James Shoolbred and others, his masters. FREDERICK DEATH . I am in partnership with James Shoolbred and another. The prisoner was in our employ—in consequence of something I heard, I desired him, on 5th Dec, about eight o'clock in the evening, to go into a private room—Mr. Shoolbred asked him there what he had to say about the lace sleeves that he had taken from the lace department—he said they were in the drawer—Mr. Shoolbred told his son to search him—the prisoner then pulled out these two pairs of lace sleeves ( produced ) from his trowsers-pocket—they are our property—we gave him into custody. HENRY YATES ( police-sergeant, E 37). I took the prisoner, and produce the sleeves.' Prisoner's Defence. I had an order from a friend for them; I went to the lace-counter, took the cuffs, and said to a young man, "I had an order for these cuffs; I forgot to send them during the day, I will take two pair to show, and will bring them back in the morning by the first delivery, or will pay for them." PHILIP PERK . I am assistant to the prosecutors in the lace-department. On 5th Dec, the prisoner came and asked me for the lace-sleeves—he said he was going to send them on approbation—I asked him if they were likely to be kept; he said they were—I let him have them—I mentioned it to another young man, and he mentioned it to the firm—at night the prisoner was called in—he said he had them in his drawer, but they were on him—that is not the usual way for sending out goods. NOT GUILTY . 220. WILLIAM WALE ; stealing 53 lbs. weight of coals, value 7 d .; the goods of George Radburn , from a barge on the Thames . GEORGE RADBURN . I am a coal-merchant at Hammersmith. I bad a barge called the Elizabeth lying off my place on 8th Dec, she was moored in the Thames, and had coals on board—I had requested my man to give infor mation to the police—I have since seen the coals which the policeman has pro duced—I should say they are the same sort that I had, but I cannot swear it. Cross-examined by MR. HORRY . Q. The tide was out at that time? A. Yes; poor people go and pick up coals—the prisoner lived at Hammersmith—I know nothing of him—I have not compared these coals, I have scarcely looked at them. JEREMIAH PETTIT ( policeman, T 194). On the morning of 8th Dec., I was at the end of Queen-street, watching this barge—I could not be seen—I saw the prisoner go to it and take coals from it—he put them in his hat and walked away with them—I followed and overtook him, and asked what he had got?—he said, "A few coals"—I asked how he got them—he said be took them off the shore—I said it was wrong, he took them off the barge—he begged me to let him take them back—I said I could not, I most take him—in going to the station, he said he was sorry for it. Cross-examined. Q. How far were you off? A. Perhaps twenty or thirty yards, it was not fifty—this was a little before six o'clock in the morn ing—it was a wet morning—I saw the prisoner come from the barge—I do sot know that he was watching a barge of coals himself—I did not see him pick up coals off the sand—the barge was nearly five feet high—it was on shore and the prisoner was by the side of it. GEORGE RADBURN re-examined. About thirty-five tons of coals were in theiarge—it holds fifty tons—the end rooms were piled up with coals—it was empty in the middle—I dare say the coals were a foot high above the barge—the side of the barge is five feet high exactly—the gunwale is about eleven inches wide. (The prisoner received a good character.) GUILTY . Aged 39.— Recommended to mercy by the Jury.— Confined One Month . 221. GEORGE DAY and GEORGE NEWELL ; stealing 1 sack, and 2 bushels of wheat, value 16 s .; the goods of William Jordan , their master. MR. CARTER conducted the Prosecution. GEORGE HENRY WRIGGLESFORD ( police-sergeant, T 26). On 9th Dec, Mr. Jordan sent for me, and I and Gifford secreted ourselves early in the morning in a bed-room—we had a full view of the barn and other buildings—we con tinued there till twelve o'clock, after Mr. Jordan was gone to chapel, when I saw Newell leave the stable, and go into a hen-house attached to the barn—after he had been there some time, Day followed him with a sack under his arm—they then came out, looked about, and then Day went to the barn-door, and received a sack from Newell—he then crossed into the rickyard, and threw it into a cart—I took him in custody—this is the sack, it contained two bushels and a half of wheat. HENRY GIFFORD . I was with Wrigglesford on the 9th Dec—I saw Newell put the sack on Day's back. WILLIAM JORDAN. I am a farmer of Stan well. The prisoners have been in my service fifteen months—Day had I 1 s . a week, the best wages that are given—I used to entrust him to go to London with straw, purchase dung with the money, and bring back the balance—I never authorised either of them to dispose of any wheat—the hen-house adjoins the barn, there is no regular door between them—a party must get through a hole, or pull part of the boarding down—I have missed corn several times—it is very injurious to give wheat to horses—my foreman alone is authorized to deliver the proper food—I never gave the prisoners authority to take any wheat—the barn-door was locked, but could be opened from the inside. Cross-examined by MR. BALLANTINE . Q. How much had Newell? A. 6 s . 6 d . a week, and five guineas at Michaelmas—he was under team-carter, hut was not subject to Day in any way—the wheat was in the chaff, and worth 15 s .—I believe it to be mine; I swear to the sack. THOMAS BOLLER . I am foreman to Mr. Jordan, and am in the habit of delivering corn for the horses—I never gave the prisoners authority to take any wheat. Day's Defence. I did not intend to steal it, only to soak it. DAY — GUILTY . Aged 38.— Confined Three Months . NEWELL — GUILTY . Aged 18.— Recommended to mercy by the Jury.— Confined One Month . 222. HENRY WILLIAMS ; alias Bryant , and JOHN HARWOOD ; stealing 1 live tame fowl, price 2 s .; the property of Henry William Wilson : Williams having been before convicted. JAMES JOHN WILSON . I am the brother of Henry William Wilson, who keeps a public-house. I saw a fowl safe in his yard the day before it was lost. GEORGE LANGDON ( policeman, N 265). On Saturday evening, 1st Dec., between six and seven o'clock, I saw the prisoners standing in a gateway leading into Mr. Wilson's premises—they disappeared, and I went up to the gate, and saw them coming out of the hen-house together—Williams had a fowl under his arm in a bag—he gave it to Harwood who dropped it—I picked it up and took Williams—I afterwards took Harwood at his house—he said he knew nothing about it. Williams's Defence. A man gave us the fowl to take to 2, Wandsworth-road, and said he would give us 2 d . JOHN BARNARD ( policeman ). I produce a certificate ( read—Charles Bryant, Convicted Oct. , 1846, and confined seven days )—I was present—Williams is the boy. HARWOOD — NOT GUILTY . WILLIAMS — GUILTY . Aged 15.— Confined Six Months . 223. WILLIAM TARBUCK ; feloniously assaulting William Russell , with intent to rob him: 2d COUNT , feloniously demanding his money with menaces. MR. PAYNE conducted the Prosecution. WILLIAM RUSSELL. I am assistant to Messrs. Lewis and Allenby, silk-mercers, of Regent-street. On Saturday evening, 8th Dec, about half-past nine o'clock, I was in Hyde-park, returning home from Knightsbridge—I stopped at a public watering-place—the prisoner was there—he said, "It is a very fine night"—I said, "Yes," or nodded assent; nothing more—I left the place immediately and went straight in the direction of Stanhope-gate, which is my straight road home—I found the prisoner following me, and walked very fast, and turned a different way to what he was going, but still saw him following me—I then abruptly crossed the road in a dirty part, to get rid of him, but perceived him still near me—he made two or three remarks as to the closing of the park and the state of the weather—I did not answer him—I had intended crossing Hyde-park, but being dark I did not—I was inside the park, but kept along the light side where the lamps are—I found him still close to me pressing his remarks, I turned suddenly round—he then firmly laid hold of me in the most indecent manner, and said, "I can see you are a gentleman; you must give me some money; you must give me two sovereigns, or I will make a charge against you"—my flap was buttoned up—he said I must pawn my watch—being naturally timid, I became very much alarmed, and having heard of several persons being stopped, I ran across the road, the prisoner still retaining his hold—I then shouted out "Police!" and had hardly done so the third time before two policemen came, and I gave him in charge—I did not lay hold of him, except to keep him off—he could not have seen that I had a watch, unless it was when I was in the place. Cross-examined by MR. ROBINSON . Q. Where were you when you first saw him? A. Very near Apsley-house; within fifty yards of Hyde-park Corner—I was going up the drive by the side of Park-lane—the nearest way was straight across the Park—I had not gone to Knightsbridge for any express purpose that night—business calls me there three parts of my time—I bad gone out on my own business—I always take an hour's walk after the shop closes—I left home at nine—I had intended going down to Brompton, but not feeling very well, I turned to come across the Park, the nearest way home—I did not get three hundred yards from Hyde-park Corner—I walked perhaps 100 yards with the prisoner by my side—I had got 500 yards from the Achilles, more than quarter of a mile—I was much further from the Stanhope-gate—if I had gone far enough, I should have come to it, on the right hand side—I took the left of the watering-place to avoid going the sweep round Apsley-house and save the distance, and avoid going into the dark part—I changed my route when I saw the prisoner at my heels, crossed the road, and went to the left, but only the width of the road—I had intended going out at Stanhope-gate—it is the first gate you come to going up Park-lane from Piccadilly—I had got three or four hundred yards from the watering-place before I turned round—the prisoner retained his hold of my trowsers while I crossed the road—the watering-place is divided; it is for more than one person—I unbuttoned my coat there, I am positive of that—I was very much alarmed, as a young man living with us was knocked down the other night in the New-road, a more public place still—the police came not a quarter of a minute after I called out—they only occupied the time of going from one side of the road to the other. MR. PAYNE . Q. Had you seen them before you called out? A. No; I had to call three times. MATTHEW FRANCIS ( policeman, A 41). On Saturday night at eight o'clock I heard a cry of "Police!" and found the prosecutor and prisoner about two yards apart—he charged the prisoner with indecently assaulting him, by taking hold of his person, and with trying to extort money—the prisoner threatened to give him in charge for indecently assaulting him—I looked at them both, and having seen the prisoner in the Park for the last two months, took him—he said, "Do not come near me, I have got—all down me,"and put out his arm—I examined his coat at the station, and found nothing whatever upon it—I found a small packet of rouge in his pocket such as people rub their cheeks with, a duplicate, and fivepence. GUILTY on the Second Count. Aged 23.— Confined Two Years . 224. JOHN LEES ; feloniously breaking and entering the counting-house of Henry Lewis Winter , and stealing 1 gutta-percha band, and other articles, value 6 l . 15 s .; his goods: having been before convicted. GEORGE WARD . I am in the employ of Mr. Henry Lewis Winter, of 12, Artillery-place, in the parish of Shoreditch; it is his dwelling-house, I sleep there. On 28th Nov., at nine o'clock at night, I locked up the premises all safe—I was the last person up—the place is enclosed with a wall about tea feet high—the counting-house window was hasped safely down—I got up in the morning about ten minutes to five, the counting-house window was then open, a square of glass was taken out which would enable a person to unhasp the window—I went into the counting-house and missed a gutta-percha band, some brass bearings from the cupboard in which we keep the old stores, thirty-one new files, and some bad coin which had been put away in a desk—I called in the police, and in the yard found six of the brass bearings that had been taken from the cupboard, and the files were found on the top of some deals in the yard—the prisoner worked on our premises; last April twelve months was the last time—he knew the premises—these are the things I missed ( produced ), they are the property of Mr. Winter. JOHN THORP ( policeman ). About two o'clock in the morning of 29th Nov., I was on duty in Tabernacle-row, St. Luke's, and saw the prisoner with this gutta-percha band on his shoulder—I went up to him and asked what he had on his shoulder—he said, "Some gutta-percha"—I asked where he had got it from—he said, "From our warehouse in Shoreditch"—I then asked him where he was going to take it—he said, "To our office in the City-road"—I said, "It is rather an unusual hour for an office to be open, your statement is not satisfactory to me, you must go with me to the station"—he then said, "No, Sir; I am going to take it over the water to No. 11, Robert-street"—I took him to the station, and in one coat-pocket found six brass bearings, and in the other a chisel, a jemmy , and a life-preserver; and in his trowsen pocket, one counterfeit half-crown, and one counterfeit sixpence—I after wards compared these two instruments with the desk at Mr. Winter's—they corresponded. Prisoner. Q. Did not I tell you that a man asked me to carry it? A. No; you did not say if I came with you, you would show me the man who gave it you. Prisoner's Defence. I was standing in Church-street, Shoreditch, a man came up to me and asked if I would carry these things for him as far as the Waterloo-road; I said I would; he said, "I will give you three shillings for your trouble; I will meet you in the City-road, and if not, you go on to the Waterloo-road;" as I went the policeman met me; I told him I was going to take them to the Waterloo-road; there were four persons with me at the time the man gave me the things to carry; they were up at my first hearing; the man gave me the things all together, tied up in a bundle. ROBERT DEVEREUX ( City-policeman , 154). I produce a certificate—( read—John King, Convicted, August , 1848, of larceny as servant, and confined one year )—I was present at the trial—the prisoner is the person. GUILTY . Aged 23.— Transported for Ten Years . Before Mr. Justice Coleridge. 225. HENRY BATHURST MONKHOUSE ; feloniously discharging loaded pistol at John Farmer Monkhouse , with intent to murder him; other Counts stating his intent to be to maim and disable, and to do grievous bodily harm. MR. BODKIN conducted the Prosecution. WILLIAM ANDERTON . I am a cab-driver. On 4th Oct., I was first cab on the stand in the Minories—about seven or eight o'clock, I saw the prisoner coming towards the cab —I asked if he wanted a cab —he said, yes, be wanted to go to Chiswick—I agreed to take him there for 14 s ., and to stop at any house on the road he wished for—he appeared at that time as though be had been drinking—before we started, we went into a public-house—he asked me to have something to drink, and I had a glass of rum, and while I was drinking it he went into the parlour and stayed there a few minutes—I went and opened the door, and looked in, and saw he had got some silver before him on the table, and as I looked in, be put his band over it, and looked round at me—I spoke to the landlady—two or three minutes after that we started—we stopped at a great number of places on the road—I went in at most of the places and had something to drink—the priso ner had also something to drink—the last public-house we stopped at before we got to Chiswick, was at the Black Lion at the bottom of the lane on the left—I do not think he had anything to drink there—when be came out of the Black Lion he got on the box with me—he gave me no reason for that—he rode on the box with me pretty near all the way—he directed me which way to go—he told me to go round the corner to the right—we had not got a great way before he said, "Pull up, stop here"—that was at the gate of a garden, in front of a house—it was then about ten o'clock—it might be a little before or after, it was dark—I bad no light to my cab , nor was there any light at the gate that I remember—he told me to ring the bell and ask for Mr. Monkhouse, and if he was at home, to tell him there was a gentleman from town who wished to see him—I did so, a female came and opened the door—I delivered the prisoner's message—she asked me the gentleman's name—I said, "I don't know," and looked round towards the cab —he was then off the cab , and at the other side of it—the female then shut the gate and went in; she came back in about a minute or so, and said that Mr. Monkhouse said, "The gentleman must send his name"—she opened the gate, and said that loud enough for the prisoner to hear—he was then along side of me, and he said, "I will go in, and see him myself," and he went in at the gate, and shut the gate after him—I pulled the cab closer up to the pathway to wait, and I heard the report of some fire-arms—I think I heard it twice, I could not be positive—about two or three minutes after hearing the reports, the prisoner came swaggering like out of the gate, and got on the cab , and said, "Go on to the top of the lane"—I asked him what that noise was that I heard, that I beard the report of some firearms—he said, "It is not here, there has been nothing of the sort here"—I drove to the top of the lane, and at the first public-house I came to in the main road, I pulled up to demand my fare of the prisoner—I asked him to pay me the fare; that I had brought him to Chiswick according to agreement—he said, "I want to go to the Bell, at Ealing; drive me to the Bell at Ealing, and I will give you a sovereign altogether"—I agreed to that, but I wanted him to give me half-a-sovereign before I started from there—he said, "Drive me there, and then I will pay you altogether"—I did so—I did not know my road, and inquired of a horsekeeper there—it was about three or four miles across the country, up a lane—I at last got into the high road leading from London to Ealing—as we went along, I told the prisoner to mind that he did not fall off the box—he kept rolling about a good deal as he sat on the box—he said, "I will pay you when you get there"—he repeated that several times—the prisoner said he would show me the way to Ealing—he said, "Straight on, straight on, I will show you"—pursuing that road, we came to the Bell—he went in, and asked me to have something to drink—we each had a glass of brandy—I asked him to settle with me, for it was my time to get home—he said, "I want to go to my brother's house, up this lane, drive me up there and I will pay you"—that was a lane nearly opposite the Bell—I did so—he got out side the cab again—I drove to a house on the left hand side, about three quarters of a mile up that lane; the prisoner got down there, and I also—the prisoner rang the bell several times, I should say ten or a dozen times, and got no answer—he then told me to drive him back to the Bell, at Ealing, and then I should be paid—I took him back—he got upon the box again-when we got to the Bell, we both went in—I asked him to pay me my fare—he told the landlord to give me a sovereign—they said no, they knew better what to do with their sovereigns, that he must pay me—I said, "I don't look to the landlord, I look to you; you pay me, I want to get home"—he said, "I will pay you"—he put his hand into his pocket, and walked into the back room—during that time some one called, u Cab, cab , here!"—I looked out at the door, and saw a policeman on horseback, who came and took him into custody—I then took him from there to the station-house at Hammersmith. Cross-examined by MR. BALLANTINE . Q. At the time he took your cab it was between seven and eight o'clock? A. Somewhere there about; I think nearer seven than eight—he appeared at that time as if he had been drinking—he did not roll about, he swaggered about a good deal like—he did not appear at all confused when he spoke to me—there was no one with him—I drove from there in the direction of Chiswick—we stopped at a great num ber of public-houses before we got to Chiswick; I should think twenty—he drank, I think, at all but one; sometimes rum, sometimes gin, and sometimes brandy—I recollect his having a glass of beer at one house, somewhere about half way on the road—at the Black Horse, at Knightsbridge, he left bit handkerchief—I did not notice that all this drink made much difference in him—he was like most sailors when they have had a drop to drink—he had had a great deal—I was sober, I knew perfectly what I was doing—I might have been fresh , but I was far from being drunk—I was nothing near so drunk as the prisoner was—after he came from his father's house, he was swinging about on the cab , and I cautioned him lest he should tumble—he said, "Oh! I am all right enough; I will pay you your fare; I am all right"—I thought he had a good deal of money with him when I first saw bio in the Minories—I saw some silver on the table, and be got his hand over it—I saw no gold. ELIZABETH BAINES . I am in the service of Mr. Monkhouse, the prisoner's father. On the night of 4th Oct. I answered a ring at the bell; when I opened the gate, I found a cab there—the cab -man gave me a message—I did not at that time see any other person—I shut the gate and went to the front of the hall door, where I met my master—I delivered the message to him, and he told me to go and ask his name—I went to the gate again and opened it—I said to the cad-man that my master wished to know the gentleman's name—the cab -man hesitated for a moment, and all at once my master's second ton, the prisoner, rushed past me, and nearly knocked me down—he said, "I am a Monkhouse, and I will speak to him"—as soon as I had time to turn myself round, I saw him at the moment in front of my master, close to him-my master was still standing in front of the hall, on the threshold of the door—I saw the prisoner put his hand quickly somewhere about his breast, in front, and take something from it; I thought it was a pistol—his back was towards me—I merely saw the movement of his arm—I then saw him fire at my master; I saw the flash and heard the report—I heard a second one, and my master was just falling while the second one was going off—he was as close to him as he could possibly be—he turned round and passed me, and said, "There!"—I was so struck I could not move or do anything—I only saw him when he passed me—I never turned to look after him—I was so frightened that I dared not go by my master, expecting he was dead—I passed the door he was at, and went in at another door—he was crawling on his hands and knees towards the front parlour—an alarm was given, and the medical man and the police were sent for. JOHN FARMER MONKHOUSE . I reside at Chiswick, in the county of Mid dlesex. The prisoner is my second son—I have six children; five by my first marriage—I have a second wife, with whom I am now living; I have one child by her—on 4th Oct., I remember a ring at the bell—I went to the hall door, and remained there a short time—after Baines had given me a message, my son rushed in and shot me—I was then at the hall-door—not one word passed between us before it was done—I only heard him say he was a Monkhouse—I could not see with what weapon he shot me—I heard two reports of fire-arms; one of them took effect upon me in the throat—I fell down almost immediately; I was afterwards taken into the house—I had last seen my son about a week before this occurred—he came to my house—nothing very particular passed between us on that occasion, only I told him he should not sleep at my house that night—I was not exactly on good terms with him—he was a sailor in the merchant service—I had been in the navy in early life—I was a midshipman, and master's mate—I have quitted the service ever since 1816—the prisoner was apprenticed in the merchant service when he was between fifteen and sixteen—he is now twenty-eight. Cross-examined. Q. Are you quite certain he is twenty-eight, or is he only twenty-six? A. Twenty-eight—his mother has been dead ever since 1831—I believe she died of brain fever—I dare say it was brain fever—I am not certain about it—she left four other children besides the prisoner—I believe one of them keeps a public-house—the prisoner could not have been only thirteen when he was apprenticed—I am surer he was more than that when be first went to sea—I think he went to sea in 1838—he went out as a common sailor—I do not know what they made of him on board ship—he was bound apprentice to learn the sea, as it is called—it might be twelve months before be returned from his first voyage, or more; I cannot exactly say—he went to sea again, still as an apprentice—he has been out of his apprenticeship for some time—since that time he has been a common sailor, I believe—I am not certain about it, either one way or the other—I do not exactly know when he came home from his last voyage—it might be three weeks before this—I do not know where he had come from—I had not heard where he had been to—he had been away about a year and a half—I had not ascer tained where he was—I was never a common sailor myself—the first vessel be went in was bound for India, I believe—I do not know for certain, it is so long ago—he had been at school previous, at Mr. Hawe's, Burlington-house, Hammersmith, that is a school for young gentlemen—his mother was a gentlewoman—I believe she was not a woman of fortune—I had seen my ion about a week before this occurred; that was in the evening, it might be about six o'clock—he wanted to sleep at my house; I declined allowing him to do so, and he went away—he was apparently sober then. COURT . Q. Did you state your reason for not letting him sleep there? A. No; yes, I beg your pardon, I did, because I thought he ought to have written a letter of apology for his conduct to me previous to his going to sea the last time. MR. BODKIN . Q. Just tell me any reason you gave him at the time? A I did not give any reason at all, that I know of, not a word—I said he should not sleep at my house because he had not written an apology for his conduct prior to his going to sea the last time—( looking at a paper ) this hat been in my custody ever since he was bound apprentice—my signature is to it—I read the paper at the time I signed it-looking at this I should say he was between sixteen and seventeen when he was bound—my first wife had some small property—I derived the property I am now in possession of from my grandfather. HENRY REASON ( policeman, T 247). On Thursday night, 4th Oct. in consequence of a complaint made to me, I went to the Bell, at Ealing, and found the prisoner there—I think I got there at near twelve o'clock—found him in a room on the left hand—I do not know whether it was the parlour or not—he was walking up and down the room—I think there was another person there—I do not know who he was—I asked the prisoner if his name was Monkhouse—he said it was not—I then said, "I suspect you are the man I want; I shall take you to the station"—he asked me what I wanted of him—I again asked him if his name was Monkhouse—he said, "No," and I took him to the station—as I was going out of the door I met another constable, and we led him between us, walking, to the station, which was about fifty yards—he had been drinking a great deal—when we got to the station we searched him, and found this pistol, which was unscrewed, and one barrel in his coat-pocket; and these bullets I found in his waistcoat-pocket, and a small quantity of powder, and a dozen and a half of copper caps in his breast-pocket—I tried the bullets to the pistol, and they fitted—on Sunday, the 7th, from information, I went to Ealing, and received this other pistol, and this powder and flask, from Mr. Williams, the landlord of the Bell—I think the two pistols are fellows—they are both percussion—the barrel I found on him appeared as if it had been recently discharged—when I searched him I found some papers belonging to some vessel, with his name on them, and I then said, "I see your name is Monkhouse; I shall take you now to Hammersmith Police-court;" and I took him there—while this was going on at the station, he said if he had a brace of loaded pistols he would blow his own brains out. WILLIAM WILLIAMS . I keep the Bell, at Ealing. I know the prisoner by seeing him, but am not acquainted with him—on 4th Oct. he came to my house, about eleven o'clock at night, and went into the kitchen where I was—no one came with him—he said nothing, but pulled two pistols from his pocket, and a small portion of powder, and laid them on the table—I took I them, and put them into the drawer—I said nothing, nor did he—after that I was called to the bar, and when I returned he had one of the pistols in his I hand—I said, "Fray do not get those things out in a room like this, fork I is very improper for you to be handling them about," not knowing what I state he might be in—I was then called out again, and met Reason—he went into the room where the prisoner was—I afterwards went in again, and I Reason then had him in custody—I afterwards gave Reason the pistol that I was in the drawer, and the powder which the prisoner had brought—the I prisoner did not sit down at all—he appeared to be very much excited. Cross-examined. Q. Did he walk up and down the room? A. Merely I stepped about the room; I did not notice his eyes particularly—he appeared I rather wild, and in a state of excitement. THOMAS WILLIAM CHAMBERLAIN PERFECT . I am a surgeon, residing at Hammersmith. On 4th Oct., about half-past ten at night, I was called I to Mr. Monkhouse—I saw him immediately—he lives a very short distance I from my house—I found him in a state that a person suffering under a gun shot wound generally is; faint and trembling—I expected he would die in a few minutes—he was standing in an upright posture, supported by Mrs. Monkhouse and the servant, who was holding a bason to his mouth, out of which issued a great deal of blood—I undid the collar of his shirt, and there found a gun-shot wound with a very large blackened surface—he was cough ing and vomiting blood at the same time—the ball appeared to have entered at the front of the neck, passed through the handkerchief which I produce, and which has a horse-hair pad to it, which no doubt deadened the action of the ball in the first instance; it would probably have perforated the trachea, but the stiffening of the stock appeared to have turned it on one side, and it went upwards—it appeared to have been fired at a considerable altitude, at an angle I should say of forty degrees at least, and after striking on the trachea, it went through the membraneous portion of the aesophagus into the cavity of the throat, at the back of the mouth; it must have struck against the basis of the skull or the cervical vertebrae, because it went in at an elevation, but came out downwards—it bad met with some considerable obstruction—it went in directly in front of the neck and upwards—what obstruction it met with I do not know, but it came out on the collar-bone—it must have passed between the carotid internal and external, because it did not cut either, or else he would have bled to death—it met with some resistance, which in my judgment altered its course—there was a distance of five inches between the two openings—it was a dangerous wound, I did not expect he would have lived the night out—I got his clothes off, and found the bullet, which I produce, at the posterior open ing—from the blackening round the neck, I conclude it had been burnt by the explosion of a pistol or gun—I should say the weapon could not have been more than two feet from him, at the time it was fired—I am not the regular medical attendant of the family. MR. HALFORD . I am a surgeon, and attend Mr. Monkhouse's family. I took charge of Mr. Monkhouse, in conjunction with my partner, Mr. Bowling, after Mr. Perfect—I saw him about eleven o'clock, and found him wounded in the manner Mr. Perfect has described—in my judgment it was a dangerous wound—I continued to attend him for about a month—he is now quite recovered, except that his voice is more hoarse than it was before. Cross-examined. Q. Did you at any time attend him for delirium tremens ? A. I did not; I believe my partner did, about fifteen years ago. MR. BALLANTINE called the following witnesses. FRANCIS TILLET MONKHOUSE . I am the prisoner's younger brother, and live at 83, East Smithfield. I cannot say whether I saw him on 3d Oct.—I saw him on the 4th, about three o'clock in the afternoon—I went with him to a fishmonger's, and he had some oysters, and bread and butter—we stayed there I should say half an hour, during that time he was most curious in his manners—he attended to every customer that came—he made observa tions at the people that were passing, and stopped at the shop—we went from thence to many public-houses—he had brandy to drink the whole time—I should say he had at least twelve or fourteen glasses—he bad no water to it—I tried to restrain him, that was why I went with him from house to house—he appeared quite intoxicated—he went up to a man who was eating something in the street, and offered to give him something to drink—this continued until about five or half-past—I recommended him to take some tea to counteract the effects of the liquor, and we went into a coffee-house for that purpose—while it was getting ready he put his hand to his head, and complained severely of feeling a great swimming, and he fell imme diately on the table, with his hands and head together—he seemed to be quite in a state of stupor—when the tea came I awoke him, and the blood rushed to his face, and his face was a deep crimson, so much so that I felt quite terrified, and asked what was the matter with him—after that we went out of the house, he staggered—I asked him to come and have part of my bed-as we went along we came to the Three Tuns public-house—he said he was going to sleep there, and so got rid of me; it was about half-past five when I left him—at that time he was quite intoxicated, extremely so. LOUIS SOLOMONS . I am an outfitter, in East Smithfield. I have known the prisoner some time, and have supplied him with outfits—on the evening of 4th Oct. last, he purchased a cap of me—he was then the same as I ever saw him before, he was sober—I believe that was about half-past six o'clock—I saw him again about seven, he was then intoxicated, and I advised bin to go to his lodging—he appeared very violent in his manner, and very much I excited—I saw him again afterwards—he came to my shop and called me I by name; I turned round and he presented a pistol at my head—he let I it off—it was not loaded—that was about half-past seven to the best of my I knowledge—I cannot say exactly. Cross-examined by MR. BODKIN . Q. Did you notice whether it was a I percussion-pistol? A. I did not; I did not hear any cap explode, only I the snap of the pistol—I cannot say whether it was a pistol like this; I did I not take any notice. HENRY THOMAS POWELL . I am an ornamental-painter, of the Borough. I saw the prisoner, on the evening of 4th Oct., at the Black Horse, in Wells-street, about dusk—I have known him several years—I offered to shake I hands with him, and found him in a very excited state—he had a pistol, I which he waved over my head several times—he was very violent—I caught I hold of his arm, and tried to persuade him to be a little reasonable—he I stayed there about ten minutes or a quarter of an hour—we both had a glass I of ginger-brandy at the bar—he had it neat. Cross-examined. Q. You each bad one glass? Yes; it was about I five o'clock, as near as possible—the Black Horse is about six or seven I minutes' walk from East Smithfield—he went out, and left me there—he paid I for what we had—he came alone. RICHMOND BROWN . I am a painter and paper-hanger, at Knightebridge I was at Mr. Frearson's, the White Horse, at Knightsbridge, on the night of 4th Oct., and saw the prisoner come there with a cabman—I had fre quently seen him before—he was intoxicated, and rolling about—he rolled J out of the house, conducted by the cabman—he left his handkerchief I behind—the landlady offered it to him several times, and he would not take I it—he did not appear to know what he was about. Cross-examined. Q. Did he appear to be acquainted with the landlady? A. Yes; they had known each other several years. WILLIAM WATSON . I am gardener to Mr. Atkinson, of Ealing. On the night of 4th Oct. the prisoner came to Castlebar-lodge with a caiman—he was staggering about in the road—he said he was brother to Mr. Monkhouse—he or the cabman pulled the bell two or three times—I went, and opened the gate, and said, "You can get in here"—he said, "Where?" and staggered in—he said, "Stand out of the way, for here is a loaded pistol"—he pulled it out of his pocket, or the waistband of his trowsers—I was notm I his way, but I hardly opened the gate wide enough for him to go through—he went up to the house, and a few minutes after the cabman came up to the gate—it was between ten and eleven o'clock. COURT . Q. Is there a Mr. Monkhouse living there? A. Tea; it was the gate of his house that I opened. FRANCIS FARNDEN . I live at 13, Neville's-road, Turnham-green, and am a carman. On the night in question I was in the tap-room of the Coach and Horses, at Turnham-green, between half-past nine and ten o'clock—the prisoner came in—there was a little fire in the room—he turned himself round to the fire-place as I was going out of the room, and when I came in again he presented a pistol at roe, and asked if I was afraid of it—I told him I was not—he turned it over a few times in his hand, looked at it, and put it back again into his pocket—I cannot tell whether there was a cap on it at that time—a short time after he pulled out that, or another pistol, and pulled the cock back, and I then perceived a percussion cap on the nipple—he turned it about—I told him it was not a fit place for such weapons, and he turned the hammer down on the nipple again, turned it about, and looked at it, and put it into his pocket—I should think he must have been drunk, by the ways of him, or something of the kind—he seemed very queer, and looked very wild about the eyes at the time. WILLIAM ARGENT . I keep the Red Lion, at Ealing. On the night of 4th Oct., about twenty minutes to eleven o'clock, the prisoner came there—he had 3 d .-worth of brandy, and the cabman 2 d -worth of gin, which they drank on the box—I did not observe anything particular about the prisoner then—after he had drank it he jumped off the box, and ran into the house to pay for it, and there turned the contents of his pocket out on the counter—he appeared to be very much excited, and very agitated, looking round in all directions. (Robert Monkhouse Piper, Esq., the prisoner's uncle, deposed to his good character for humanity and kindness.) GUILTY on the COUNTS charging the intent to do grievous bodily harm.—Strongly recommended to mercy by the Jury, the act being done whilst labouring under the excitement caused by drink. — Transported for Fifteen Years . Before Mr. Baron Rolfe. 226. ANN ELIZABETH PHELPS ; feloniously making counterfeit coin. MESSRS. ELLIS and BODKIN conducted the Prosecution. JOSEPH THOMPSON ( police-sergeant, F 11). On 4th Dec, about six o'clock in the evening, in consequence of information, I stationed myself on the roof of the Model Lodging-house, Charles-street, Drury-lane, from whence I had a view of the front room of No. 48, on the other side of the street—there was a candle on the table—I saw the prisoner blowing the fire—I went again next evening, and saw the prisoner sitting at the side of the table with something like a mould in her hand—she took something like a small bowl from the fire, and poured something like metal into the mould in two places—she held it in her hand a few seconds, opened the mould, and turned out on the table what appeared to me to be two shillings—I saw her do that perhaps a dozen times, or more—two men and another woman, in a cloak and bonnet, were in the room—one man took something, and appeared to scour it, and then sent it across the table to another man, who appeared to file it, by the movements of his arm—one of the men then went to this pot ( a galvanic battery )—when they had done a certain quantity, and counted them over one man, who was without his coat, gave the other, who wore a cap, some money, two pieces, or more—he handed them over to the woman in the bonnet, who put them into a basket, I believe; I could not exactly see, but she had a basket—the man without the coat turned the money over, and put it into his left-hand trowsers'-pocket—he appeared to me as if he had purchased them—the woman in the bonnet and shawl, and the man in the cap, left the room—the prisoner stayed, still going on with the same process—in a few minutes the man without the coat turned down his shirt-sleeves, buttoned up his clothes, and went out of the room—he returned in a very few minutes, pulled off his coat, and sat down by the side of the table, and commenced rubbing some of the coin—I then left the parapet—I was gone about ten or twelve minutes, and returned with several officers and a ladder, which I rose to the window I had been watching—I went up first with a crow-bar—the prisoner was sitting at the side of the table with something in her hand like a mould—I forced open the window, and sprung into the room—she jumped up, threw down this mould ( produced ), with a piece of cloth round it, and two sixpences in it, and screamed out—the man was not there—she came towards me to shove me, I suppose, but I got into the room, and was followed by Sergeants West and Dunston—I dragged her from the fire place to the table, and gave her into Dunston's custody—there was a bright fire, on which was this spoon, with white metal in it, in a fluid state—on the hob I found two moulds, one with two impressions of shillings, and one for half-crowns—on the table were twenty-three sixpences, and two in the mould she threw down; also this electrotype-battery, this spoon, and part of another spoon, this acid in a bottle, these thin pieces of silver, a piece of glass, which has the appearance of a mould of two sixpences having been made on it, and these six pieces of timber, which screw together over the door, and it was shored up at the bottom; it would be impossible to get in; it was not screwed then—it is a frame made the exact height of the room, and pieces to go across ( produced )—I asked her where the Doctor was—she said she knew nothing about any doctor; no one lived there but her—one of the men I had seen in the room goes by the name of the Doctor —I knew him before. Prisoner. He said he saw a woman in a bonnet and cloak, and now he says it was a bonnet and shawl; the whole of your evidence is false. Witness. I believe it was a shawl, but it was very dark—( the witness's deposition being read agreed with his present evidence. ) WILLIAM WEST ( police-sergeant, V 7). I accompanied sergeant Thompson and Dunston—we waited in Park-street—Thompson joined us, and we went to 48, Charles-street, and raised the ladder—I followed Thompson in at the second-floor window—Dunston was behind me—Thompson took the prisoner and delivered her to Dunston—I found this saucepan with white metal in it, cold—it had been melted—these five or six files were on the table—two of them have white metal on the teeth—I found some whitening on the mantle shelf, in a piece of paper, with a tooth-brush without a handle, in it. IRA DUNSTON ( policeman, V 53). I got in at the window last—I found this white pot containing plaister of Paris, a teacup containing a small quantity of sand and water, and five counterfeit half-crowns of the same year as the moulds produced—the prisoner was given into my custody—I took her away. Prisoner. You are not the man who had me, it was a much taller man; he used me most shamefully, and laid my head open with an iron crow-bar; here is the mark on my eye now; he threw me on the bed, and said, "Gag her," and you two know the man, and said, "Don't ill use her so." Witness. I know nothing of it—I did not know that you were beaten—I did not see blood flowing from your head as I took you to the station. JOSEPH THOMPSON re-examined. She was so violent it took Dunston and another man to hold her—they said they would gag her if she was not quiet—she kept calling for water—we gave her some—she said she was going to have a fit in a minute—I did not tee Dunston strike her—I hit her on the head with a bar as I got into the room, because she tried to push me out of the window when I was on the ladder—the other man was a constable of the A division—I do not know his number—he came in at the door—I can find him in a minute. JOHN RICHARDS . I am agent to Charles Paternoster, the landlord of 48, Charles-street, Drury-lane. I live there—on 16th Nov. I let the prisoner the room, which has been spoken of, No. 6—she went by the name of Polly Firelock —she paid 3 s . 6 d . a week; 7 d . nightly, and nothing on Sunday—she always paid me—before that, she lived in No. 6 room of 2, Smith's-court. Prisoner. Q. You did not see my door screwed up in this manner? A. No; but I was only in the room once—the timber was then on the floor—that was on the 18th, two days after you came. WILLIAM WEBSTER . I am inspector of counterfeit coin to the Mint. This sixpence of William IV.; 1834, and of Victoria, 1844, were cast in this mould, with the cloth round it—here are twenty-three sixpences from it—here are two unfinished, with the get on them'—the one mould serves for the two different sixpences—here is a mould for half-crowns—in my judgment these five half-crowns were cast in it—here is another mould for a shilling of George III. and William IV.; but there are no impressions from it—the coins are all Britannia metal—this part of a spoon and this melted metal are Britannia metal—I do not understand the battery—these files, sand, and plaister of Paris, are all useful in the preparation of counterfeit coin. Prisoner's Defence. Thompson's evidence is quite false; I had quarrelled and fought with a woman, and she said she would do for me on another day; on the Monday night before I was taken I was very tipsy, and was standing at the corner of Charles-street, when Tom Ansell, whom she lives with, who makes and passes this sort of money, said, "I will transport you for ten or fifteen years, and will get 2 l . 10 s . for doing it;" on the Tuesday I was very ill from the drink; I went out with a woman to pledge a pair of boots; when I came back I found the coins put on my table, and the window went up, and I was knocked down, and struck with an iron crow-bar, and handcuffed; I was tipsy on the Monday when Thompson says he saw me making the coin; I saw Thompson take out his handkerchief with some thing in it, wipe his face with it, and lay something on the table; he pulled the moulds from his pocket, ran to the fire, and said, "I have got the moulds, hurrah!" ten of them; they have put in all they found deficient. GUILTY . Aged 20.— Transported for Ten Years . 227. MARY DRANEY ; stealing 1 gown, value 4 s .; the goods of Jane Healey , her mistress: to which she pleaded GUILTY . Aged 16.— Confined Three Months . 228. JOSIAH THOMPSON ; stealing 84 seal skins, value 20 l . 14 s .; the goods of Joseph Sharpe : to which he pleaded GUILTY . Aged 33.— Confined Nine Months . 229. JOHN GIRKINS ; stealing 1 handkerchief, value 2 s . 6 d .; the goods of Edward Giles Hirchings , from his person: to which he pleaded GUILTY . Aged 20.— Confined Six Months . 230. ROBERT MOORE ; embezzling 19 s .; the moneys of George Robertson , his master: to which he pleaded GUILTY . Aged 23.— Confined Three Months . 231. THOMAS TAPLING and JOHN POTTINGER ; stealing 5 lbs . weight of soap, value 2 s .; the goods of William Clark , the master of Tapling: to which TAPLING pleaded GUILTY . Aged 38.— Confined One Year . POTTINGER pleaded GUILTY . Aged 17.— Confined Three Months . 232. HENRY COXALL and JOHN SIMS ; stealing 1 handkerchief, value 4 s . 6 d .; the goods of Richard Balm , from his person. RICHARD BALM . On Thursday morning, 13th Dec, I was going to see the procession of the Queen Dowager's funeral—I had my handkerchief safe, in my pocket—Howse gave me information, and it was gone. JOHN HOWSE. I live at Uxbridge, and am a coachmaker. I saw Coxall take the handkerchief out of the prosecutor's pocket, and pass it on to Sims—I had been watching the prisoners about three moments—the handkerchief has not been found. Coxall Q. Why did you not take me? A. Because you both ran away. COXALL — GUILTY .** Aged 22. SIMS — GUILTY .** Aged 22. Transported for Seven Years . ( Stephen Masters, policeman, T 198, stated they had been fifteen or sixteen times in prison, and lived entirely by plunder. ) 233. JOHN CLEGG was indicted for embezzlement. LEVINOUS VEHDON . I sent the prisoner, on 16th Aug., to Mr. Mug geridge, with a bill, to receive 10 l . 16 s . for me—he did not come back. JAMES MUGGERIDGE was called on his recognizance, and did not answer. NOT GUILTY . 234. JOHN WRIGHT ; stealing 1 purse, value 5 s .; 2 sovereigns, 1 half crown, 2 shillings, 2 sixpences, and 7 groats; the property of James William Winning , from the person of Mary Ann Winning : having been before con victed. MR. ROBINSON conducted the Prosecution. ALFRED SALISBURY . I am a draper's assistant, and live at Cornwall terrace, Brixton. I was in the Borough on 10th Dec, about twenty minutes before four o'clock—I saw the prisoner; I had known him before—he got into an omnibus—I watched the omnibus in its passing over London-bridge—I saw the prisoner sitting on the right-hand of Mrs. Winning, next the door—the prisoner got out on the City side of London-bridge, went in a very hurried manner down the steps, passed under the dry arch, and made his way to Fish-street—I still kept the omnibus in sight, and at the corner of Fen-church-street I met two officers—I told them; they followed the omnibus and spoke to the lady—I went afterwards to Newington Causeway, and there the prisoner was apprehended. Cross-examined by MR. CLARXSON . Q. What draper was it you last assisted? A. My brother; he has not been a bankrupt; he made a com promise about six months ago—I am not aware that I have attached myself to the police as an amateur thief-taker—I have associated with the police, in hopes to get into the police—it is from necessity, not my wish—I do not know that I have been practising in the profession at all—I might have said on a former occasion that I was endeavouring to get my hand in—it is a fact. MR. ROBINSON . Q. During the time you have been practising, did you get acquainted with the prisoner? A. Yes. MARY ANN WINNING . I am the wife of James William Winning. On 10th Dec, I got into an omnibus in the Borough—I had been in a shop there, and had used my purse—I placed it safely in my pocket on leaving the shop; it was safe on my getting into the omnibus—I merely walked from the door of the shop—I had in my purse two sovereigns, a half-crown, two or three shillings, some fourpenny-pieces, and sixpences—one of the sixpences was bent, and to the best of my belief this sixpence is mine ( looking at one )—when I was in the omnibus, I saw the prisoner; he crossed me, and tangled his feet in my dress; he then placed himself close to me, and put his knees against my pocket, and placed his hat over his hands—he did not remain so many minutes—he looked me in the face, and asked to be put down at the steps at London-bridge—some one dropped a basket in the omnibus and I stooped to pick it up—my purse was in my right hand pocket, next to where the pri soner was—he got out in a hurried manner—I went on to Gracechurch-street—some policemen spoke to me—I told them of my loss. Cross-examined. Q. You believe the sixpence is yours because it is a crooked one? A. I believe it is mine—I should not mind swearing to it—there are many bent sixpences, but this is rather a peculiar one—it was before the prisoner told the conductor to put him down, that I stooped to pick up the basket—my pocket is a slit cut in the lower part of my dress, in the usual place—there was a gentleman who got out before the prisoner did—he went through the door of a respectable office—when I was seated, my clothes would somewhat overhang the passage into the omnibus—when the prisoner entangled his foot in my dress he did not make any apology, but stared me in the face—I cannot tell whether the gentleman had sat next to me—I can not say whether it was after the gentleman got out that the prisoner came and sat beside me. JOSEPH PITCHER . I am the conductor of the omnibus. I recollect taking up the prisoner at the corner of the Kent-road—he got out at the steps at London-bridge—he gave me a fourpenny-piece—my fare was 3 d .—it is marked up 3 d .—we have 4 d . fares, which are from Camberwell-green—a per son getting in at the Kent-road might see that his fare would be only 3 d .—there are notices on the door of the omnibus what the fares are—there are 4 d . fares marked on a bill attached to the back panel. Cross-examined. Q. Did the prisoner tell you where to set him down? A. In going over London-bridge, he told me to set him down at the steps—a gentleman got out before the prisoner, at the Brighton-railway—I did not observe whether that gentleman was sitting next to Mrs. Winning—I do not recollect what that gentleman paid—he hallooed out as we were going along, "The railway!"—we stopped, and he got out in the middle of the road. JOHN SPITTLE ( City-policeman ). My attention was called to the omnibus by Salisbury—the lady gave me information, and from further information I went to Newington, and took the prisoner into custody—I told him I should take him for robbing a lady in an omnibus—he said, "When?—I said "This afternoon"—he said, "Can I see the lady?"—I said, "You will have the opportunity of doing so"—I took him to the station, and found on him two sovereigns, one half-crown, two sixpences, and some coppers—one was this bent sixpence. GEORGE WILD ( policeman, M 94). I produce a certificate of the prisoner's former conviction at Clerkenwell—( read.—Convicted Oct. , 1847, and confined four months )—the prisoner is the person, to the best of my belief. Cross-examined. Q. Will you swear to him? A. I swear to the man—the more I see him the more I know him—I recognised him amongst seven or eight persons. THOMAS CRESSWELL . I was present at the prisoner's trial—he is the per son. GUILTY .* Aged 26.— Transported for Ten Years . 235. ROBERT SWIFT ; stealing 15 dwts. of gold filings, and 15 dwts of mixed metal, value 4 l .; the goods of George Drason, his master: to which he pleaded GUILTY . Aged 19.— Confined Six Months . 236. SAMUEL MARCHANT ; embezzling 3 l . 3 s .; the moneys of Wil liam Macalpine , his master: to which he pleaded GUILTY . Aged 26.— Confined Nine Months . 237. JOSEPH SURRIDGE ; embezzling 11 1 l . 2 d .; the moneys of James Summersell , his master: to which he pleaded GUILTY . Aged 20.— Confined Four Months . 238. JOHN. CRAY ; stealing 1 watch, and other articles, value 3 l . 2 s ., and 300 pence; the property of Richard Seaward , in his dwelling-house. RICHARD SEAWARD . I keep a baker's shop, at 102, Golden-lane. On Saturday, 8th Dec, about ten o'clock at night, I heard a noise in my bed-room on the first-floor, as I was in the parlour under it—I went up-stairs, and the kitchen door was slammed in my face—I went on the leads, which are in a line with the kitchen, and found a lot of 5 s . packets of coppers on the wall—I had had 6 l . worth of such packets—I got them off the wall, and went to see for the thief—I found a pair of shoes by the side of the wall—I had lost my watch and the other articles stated—they have not been found. JOHN REEVE ( policeman, A 424). I went with my brother-officer and took the prisoner—he had no shoes on—I asked him how long he had had no shoes—he said for some time—we found that these shoes fitted him—he denied all knowledge of them; but in the way to the station he said they were his shoes; that he had seen a young man who had asked him if he wanted to earn a few halfpence, and he went down the passage; that the other man handed him out some coppers, and during that time he slipped and the other told him to pull his shoes off, and he did, and some of it fell, and the other said, " Hook it" , and he ran off. Prisoner's Defence. On that Saturday night 1 was half drunk, and man and I were in a public-house next door to this baker's shop; he asked me if I wanted to earn a few halfpence, and he took me down a passage and I got on the wall; the man went into the house, and brought out five or fix packets of halfpence; I slipped, and the man knocked my boots down in the skittle-ground, and said, "Hook it;" he ran away, and I went without my shoes. GUILTY .† Aged 18.— Confined One Year . 239. ALFRED SINCLAIR ; obtaining goods by false pretences. MESSRS. CLARKSON and PAYNE conducted the Prosecution. JOHN CETTA . I live at No. 40, Hatton-garden, and am a barometer and looking-glass maker—the prisoner came to my shop on 6th Aug., 1848—he gave the name of "C. F. Barclay and Co., West India merchants, No. 10, Maiden-lane, City;" my clerk made the entry in this book, and I made a memorandum myself in the order book—he said he was a West India mer chant, that he had previously exported looking-glasses and barometers, and if we could agree in prices he could be a very good customer—he chose some barometers and looking-glasses in the shop, and I entered the order in the order book—he said he wanted them to be shipped next morning—I said, "You are a stranger, you must give reference"—he said he could give plenty, he could give a hundred references—one was "Mr. Crowther, No. 104, Bunhill-row"—he gave me three references, the others I could not find, but I went to Mr. Crowther, and he said he was a very good man, I might trust him to any amount—I took the goods myself the next day to Maiden-lane—I saw the warehouseman, and the prisoner came when he saw the cart with the goods—he said, "That is right, you have just come in time"—he said he wanted the goods to be shipped the next morning—I saw a great many empty cases, they were cases made for exportation—the prisoner came again on the 9th, he ordered more goods, which were sent to him—this is the order book in which I put down the goods myself, while the prisoner was there—the goods altogether amounted to 42 l . 19 s .—on the day after that I took down the last goods—I saw the prisoner, and he said he should want some more goods, and he came up and selected almost the whole of the goods that I had in my shop, amounting to 70 l . or 80 l .—that was on the 24th or 25th—that put me on my guard—I went the next day to No. 10, Maiden-lane to look after my money—I saw his warehouseman, but I did not see the prisoner till I saw him in custody this year—I went to his house perhaps ten or a dozen times that day—there were new cases there ready to pack. COURT . Q. What was it induced you to let this man have these goods? A. His reference; and then I saw the house in Maiden-lane was a very respectable house—he asked for a list of prices, and then he said that he used a good many—then be gave an order for two of these, and two of those—he appeared to be a business man, trafficking to the West Indies—I would not have parted with my goods to him unless he had told me these things—I thought I should have a good customer—on 26th or 27th Aug., I saw at Bow-lane station a barometer and a looking-glass—they were part of the goods I had trusted him with. Cross-examined by MR. ROBINSON . Q. How soon did you go to the house in Maiden-lane? A. The first order was given on the 6th Aug.; and something was said about their being shipped next day—I went to Maiden-lane on the 7th, when I took the goods—when I went with the next order following, I saw two or three small glasses there, but the large ones were gone—that was about the 9th. WILLIAM CHILD . I am an officer attached to the Trade Protection Society—I received instructions, and inquired after the firm of Barclay and Co.—on the 25th Aug., I saw Mr. Cetta in Mr. Barclay's warehouse in Maiden-lane—I was there, and when Mr. Cetta came out I had some con versation with him—the next morning I went to Mr. Cetta's place—I returned to Maiden-lane, and watched there about a quarter of an hour—I saw the warehouseman come out with a looking-glass and barometer, wrapped up in a shawl—I had been watching the premises three or four days—I had seen that man in the shop acting as warehouseman, and he told me he was warehouseman—I saw him for hours in the warehouse-when he brought the goods out, I stopped him in Thames-street, took the goods from him, and took them to Bow-lane station—Mr. Cetta saw them and recognized them—I knew the defendant by the name of Tucker—when I took him, he gave me the name of Sinclair—I knew him by the name of Willis; I have seen him giving that name—the name of Barclay and Co., East and West India merchants was over the door in Maiden-lane—the man whom I took with the barometer and glass, was taken from the station to Clerkenwell, he there begged Mr. Cetta to forgive him, and he would give the goods up—he said he was only servant to Mr. Barclay—I did not see the defendant till last Jan., at the Elephant and Castle; he got into an omnibus to go to Shoreditch, I got into the omnibus and rode with him to Spital-square, I then took him to the station—I know Mr. Crowther's place, he has now left—I followed some goods from Mr. Barclay's ware-house to Mr. Crowther's—I think it was on the day after I took the looking. I glass and the barometer—I there saw about two dozen glasses and a lot of chain, I which I had seen in Mr. Barclay's—I have been looking for Mr. Crowther, I do not know where he is—the place in Maiden-lane was first designated I as Barclay and Co's., about June, 1848, and it continued rather better than two months before it was shut up—Crowther's place was closed a few days afterwards. JOHN BOUCHER . I live in Bush-lane, Cannon-street. The house No. 10, Maiden-lane, belongs to my father—the prisoner came in June, 1848—he agreed to take those premises—he represented himself as a wholesale pro vision and export merchant, by the name of Barclay—he remained in the house rather less than three months—about three weeks before the quarter he left—we never got any rent from him. JOHN MILES . I live in Dowgate-hill. I know the prisoner—I put up the inscription for him at Maiden-lane, "Barclay and Co., East and West India merchants"—he never paid me for what I did. JAMES THOMPSON . I am a box-maker, and live in Knight-rider-street In June, 1848, I was foreman to Mr. Holmer—about July or Aug., 1348, the prisoner came to his shop in Old Fish-street—he said he wanted some packing cases to pack goods, they were to be shipping cases—he gave the name of Barclay and Co., No. 10, Maiden-lane—we made him twenty-four cases: we never got paid for them—we got nineteen of them back, in con sequence of a line being written to us. GUILTY . Aged 29.— Transported for Seven Years . (There were three other indictments against the prisoner.) 240. WILLIAM BENTLEY ; was indicted for a burglary in the dwelling-house of Elizabeth Rope , and stealing 1 milk-pot, and other goods, value 18 l .; her property: to which he pleaded GUILTY . Aged 20.— Transported for Seven Years . 241. WILLIAM PEELE ; stealing 1 watch, and other goods, value 8 l .; the property of Dennis Peele , in his dwelling-house, having been before convicted: to which he pleaded GUILTY . Aged 32.— Transported for Ten Years . 242. HUGH SWAN was indicted for that he, being a bankrupt, unlaw fully did destroy certain of his accounts, with intent to defraud his creditors. Other COUNTS , varying the manner of stating the charge. MESSRS. CLARKSON and HUDDLESTON conducted the Prosecution. ALFRED JONES . I am solicitor to the assignees of the prisoner, and was solicitor in the proceedings in bankruptcy. I produce the London Gazette of 1 st May, 1849—there have been no proceedings commenced since that date to dispute or annul the fiat.—( This being read, was an award against the bankrupt, requiring him to appear before Mr. Commissioner Fane on 11 th May and 12th June, and finish his examination. ) Cross-examined by MR. EDWIN JAMES . Q. At the time of the failure did you send Messrs. Parrington and Ladbury, the accountants, to take an account of the bankrupt's stock? A. I did not send them, they went for the creditors I believe with the bankrupt's assent; that was, I think, at the beginning of April—I saw Mr. Parrington on the subject at a meeting of Swan's creditors on 18th April—Mr. Pawson and Mr. Bradbury, the assignees, were present—Swan then offered a dividend of 5 s . in the pound—that offer was in writing, but it was no doubt under consideration—it was refused—we had taken pro ceedings to compel an act of bankruptcy previous to that—there has been considerable litigation under this bankruptcy, and a great deal of money spent—I have had an action brought against me, and a verdict against me, with damages, but a rule for a new trial has been obtained—the assignees claimed some property on Bishop's premises as belonging to Swan—Bishop was indicted by the assignees for perjury, tried here, and acquitted—there was also a trial for an assault upon the messenger's men, who were forcibly turned off Bishop's farm, that also failed—I believe Swan carried on two shops as a draper, one in Hanway-yard and one in Camden-town. FRANK AUSTIN . I produce the proceedings in the fiat against Hugh Swan—they are enrolled—the date of the fiat and adjudication is 28th April, 1849—the bankrupt, previous to his examination, made the declaration required by the statute. Cross-examined by MR. PARRY . Q. Was the Commissioner present at the examination? A. I cannot say that he was—it was a private examination, and was taken up stairs in a private room—I have no doubt the Commissioner was sitting in Court at the time transacting public business—he sometimes attends, and sometimes not, as he is wanted—he no doubt signed the examination in the public Court I do not know—if the Commissioner is required to attend he would do so. MR. JONES re-examined. I examined the bankrupt before Mr. Commis sioner Fane—after it had been taken it was read over to him, and each sheet was subscribed by him—this is it—it was taken in a private room up-stairs, that is the practice of some Commissioners—I do not think the Commissioner was present; the bankrupt's attorney was—it was brought down and acknow ledged before the Commissioner, and he signed it. MR. PARRY . Q. Was that course taken in reference to this examination? A. Certainly, the bankrupt was not cautioned in reference to answering any questions—he was protected by his own attorney, which I thought sufficient—I did not take the examination for the express purpose of eliciting facts on which to base a criminal charge—I had no idea of a criminal charge until some time after. MR. JAMES objected to this being read: first, because it was not taken by the Commissioner, who alone had authority to take it; and secondly, because it was a compulsory examination, taken without any caution given to the bankrupt, there being a power to commit him in case of his refusal to answer. See Rex v. Button, Moody and Rob. 197, and Reg, v. Garbett , MR. CLARKSON , in reference to the second objection ( the COURT requiring no answer to the first ), contended that it was a voluntary examination, that his attorney being present was sufficient protection to him, and that it was therefore receivable. See Rex v. Wheater 2 Moody's Crown Cases , 45, and Rex v, Murcell , 1 Moody's Crown Cases , 203. The COURT was of opinion that they ought to receive it, and reserve it if necessary; it was not however read. JOSEPH PARRINOTON . I was the accountant employed in reference to this bankruptcy—I have here a statement of the bankrupt's affairs—I was present at a meeting of the creditors on 11th April, and laid the statement before them—Swan was there, he referred to an offer of 5 s . in the pound, which had been made by his attorney, but he declined to give any general explana tion of his affairs at that meeting—the amount of his debts and assets was mentioned to him—he appeared to owe about 4,400 l ., and the assets amounted to 1,388 l . at cost—he declined to answer any questions—he was asked to sign a declaration of insolvency, or to execute a deed of assignment, but he declined—there was another meeting on 18th—he was then asked about some goods that had been sent to Burton's—I have his statement here, which I took down at the time and read over to him, and hit solicitor, who was present, I made an addition at the end—( read —"I have sent goods to Mr. Walter Burton's, the auctioneer—sent probably twenty parcels to him—commenced I sending goods perhaps eighteen months since—have sent goods to no other place than to Burton's—cannot tell the amount of goods sent to Burton's—I have received 600 l . or 700 l . from Burton since 1 st March last—never took any account of the goods sent to Burton, nor sent any account with them—I received the last amount from Burton on 24th or 25th March last—paid the cash creditors—decline to give the names—Burton did not come to my shop—sent the goods to Burton as I received them from my creditors—Burton I gave me an account of sales, but I destroyed the accounts—destroyed the accounts as soon as I received them—have no cash-book of receipts or pay ments, never kept any—kept no desk-book—took stock in 1847, about Aug.—showed Pawson and Co. a statement of my affairs as they existed is Aug., 1847, which showed a surplus after paying all my debts of upwards of 1,500., but that statement was fictitious—had five houses, but Down, Gamble and Co. sold them—that was early in 1847—they realized about 700 l . after paying a mortgage of 550 l .—expected Boon, my shopman, would I have joined me in partnership—neither Boon or any other person had any property of mine—no person is in possession of any.")—This was the expla nation of his attorney—"By saying I sent the goods to Burton as I received them from my creditors, I meant that I sent them in lengths—I have not taken stock since 1847, nor has it been taken since, but I did take it in 1847"—I have a statement which I prepared from the bankrupt's balance sheet—my clerk obtained the materials. HENRY STEWART MAGHEE . I am clerk to Mr. Parrington. I went through the bankrupt's books, and made out an account of the goods purchased by him from 1 st Aug., 1847 to 1 st April, 1849, which I have here—in Aug., 1847, the amount was 85 l .; Sept. 209 l .; Oct. 355 l .; Nov. 227 l .; Dee. 51 l .; Jan. 1848, 75 l .; Feb. 125 l .; March, 295 l .; April, 416 l .; May, 334 l .; June, 282 l .; July, 330 l .; Aug. 72 l .; Sept. 121 l .; Oct. 789 l .; Nov. 1,291 l . Dec. 412 l .; Jan. 1849, 492 l .; Feb. 666 l .; and March, 1,607 l . Cross-examined by MR. JAMBS . Q. Have you discovered any goods sold to him that he has not debited himself with? A. Yes—that list was made out from the ledger in 1849—when he became bankrupt and stopped payment the first time, I took a list, and the omissions amounted to 302 l . 14 s . 6 d ., from Aug., 1847—I believe the invoices were there, but they were not entered—I posted up the books from the invoices on the premises—there were no invoices representing the 302 l . not then, they were discovered afterwards; they must have beet produced by Swan—he had two shops at the time of his bankruptcy; I do not know how long he bad had the two—a debtor-ledger was kept at each shop; the one of goods bought was kept at Camden-town—I was about three days on the premises, tasking up the accounts—I had accees to all bis books and papers that I saw—he showed no unwillingness to produce any—I believe the account I have given refers to both shops during the whole time. MR. PARUINGTON re-examined , I believe he had the shop in Han way-yard first—he had both shops during the whole of the periods named. Cross-examined by MR. JAMES . Q. Do not you know that the Hanway-yard shop was disposed of and kept by a person named Smart, down to 1849, when it came back again on Swan's hands? A. I do tot—Swan was asked that question, and he said, "I don't know"—he made some mention of a loss through Smart—Smart had the shop in Han way-yard at some period—I do not recollect Swan stating at the meeting that the goods were told before the 4th of every month to meet his engagements—I will not swear he did not, but I believe I wrote down all he said—he did not object to sign it—he was going to sign it, but his attorney said there was no occasion for it. MR. HUDDLESTON . Q. Have you got the statement which he made at the meeting on 11th April? A. Yes; it was written by my clerk, it my presence—I did not read it over to the bankrupt—I read it immediately after, and believe it is correct—( read —"Mr. Swan declines to answer any question; does not know when he commenced business, or where; can't recollect either. This day week will be prepared to answer: How long were you in business when Smart joined you? I don't know. How long since you commenced business in Camden-town? I don't know. When did you last take stock? I don't know.") MR. JAMES . Q. At this time he had no attorney present? A. I think he had, not Mr. Reed, but a previous attorney; Mr. James, I think—it was on that occasion that he was requested to sign a declaration of insolvency—he then offered to execute an assignment of his estate for the benefit of his creditors, if they would give him a discharge; they laughed at that—I have not got that down—this was only a memorandum made by my clerk for his own information; it does not profess to be a perfect account of what passed. JOHN FALSHAW PAWSON . I carry on business in St. Paul's Church-yard, and know Swan. In March last his buyer looked out goods to the amount of upwards of 100 l .—before I sent them I requested to see the bankrupt—he came on 2d March, and I informed him that his buyer had looked out that amount of goods, and said his account was larger than what we liked to send without knowing something more of his circumstances, and requested to know whether he considered himself in the same circumstances, in every respect, as he was when he gave a statement to Mr. Holy land, our managing. clerk, in our counting-house, in the previous March—he said he was—I will not swear whether I referred to the book; I had it before me, and knew what was stated before—from the representations and assurances he made I was induced to send the goods—I should not have done so had I known his real circumstances. Cross-examined by MR. JAMES . Q. How many years have you dealt with him? A. Five or six.—he generally paid me by acceptances, which were drawn on the 1 st , and were generally due on the 4th of the month—I gave him a month's credit, and drew at three months—it was somewhere about 104 l .—I believe he paid a bill on 4th March; I do not know the amount of it; it was something like 249 l . or 250 l .—we may have done 1000 l . a year, and sometimes 500 l . or 600 l . with him—he had the two shops to supply—I am positive these goods had not been delivered before swan came—I had not drawn on him on 4th March for the 104 l ., but I had some other bills running—he may have told me he had losses in Hanway-yard, by a person named Smart. WILLIAM HOPKINS HOLYLAND . In March, 1848, I sent for Swan, and asked for his last stock-taking—I made a minute, which I have here, of hit affairs—he showed me a book, purporting to be stock-taking, on 31 st Aug., 1847, which shows that his stock, at cost, was 1921 l ., his good debts 596 l ., making his assets 2518 l .; everything he owed he stated to be 945 l ., leaving a surplus of 1572 l .—he stated also that he had spent on his premises, at Camden-town, 500 l ., and considered his leases of that value, and he had also his furniture, but did not mention the amount of it. Cross-examined by MR. PARRY . Q. The large amount of goods, in March, 1848, were paid for? A. Those that went—some of them were sent back at my request. CHARLES WALDER BURTON . I am an auctioneer, of 3, Broadway, Lud gate-hill. I have been a draper at Bristol and Bath, but was unfortunate—I have been in the habit of selling drapery goods for Swan, at my rooms—I first began to sell them about twelve months before the bankruptcy—sometimes I received an account with them, and sometimes not; it would be kept till entered in a printed catalogue and made waste paper—as soon as the sale was settled I rendered an account of the amount they fetched, and the expenses to him, and paid him over the balance—the year before his bankruptcy I sold for him, I should think, to the amount of 1600 l . or 1800 l .—I paid him the money—I sold goods for him in March, 1849, I think about three times, the 1 st , 8th, and 24th, to the amount of 200 l . or 300 l .—I think the three together came to a little under 800 l .—I furnished him an account with each, the proceeds, the expenses, and the balance—I sell for what they fetch, not with a reserve price—I keep no account or particulars of the goods after a sale is over. Cross-examined by MR. JAMES . Q. Did you deliver the account to Boone, or to the bankrupt? A. Sometimes to him, and sometimes to Hill—frequently have goods sent something before the 4th of the month, both from wholesale and retail houses—tradesmen have a pressure at that time—this has been going on for about eighteen months—when Mr. Swan was pressed, he sent me goods for immediate sale—I had no message with them, except to sell them—they frequently draw on goods sent to me for sale—hundreds of tradesmen sell goods in this way. WILLIAM STANLEY . I sent the goods to Swan in March last—here is the day-book—they were the goods mentioned in the indictment. MR. JAMES submitted that the indictment could not be sustained, inasmuch as it was framed upon 5 & 6 Vic, c. 122, which was repealed by 12 & 13 Vic, c. 92, that the offence in question could not come within the latter Act, as it was not in force at the period the offence was alleged to have been committed, and that the extent of the repeal applied to the whole of the former statute, with certain exceptions, which were pointed out in the schedule, which schedule did not mention the offence in question. MR. PARRY also urged that the 5 & 6 Vic. was entirely repealed, without any reservation as to this or any criminal offence, except as to the recovery of certain penalties incurred before the Act came into operation; the word "penalty" so used, could not apply to punishment for any criminal offence, but only to fines in civil matters , MR. C'LARKSON contended that the 12 & 13 Vic. must be taken to keep alive the punishment awarded by 5 & 6 Vic, otherwise there would be impunity to wrong doers in the interval between the llth Oct., when the former Act was repealed; and 1 st Aug., when the latter came into operation. MR. HUDDLESTON also contended that the use of the word "fiat" in the introduction of the repealing Statute which abolished fiats altogether, rendered it clear that the offences included in the 5 & 6 Vic were intended to be preserved, and that the word "penalty" meant punishment was clear, from the 254 sec. of 12 & 13 Vic, where it was expressly stated that a person giving false evidence should be liable to the penalties of perjury , MR. JAMES in reply, did not mean to suggest that the Legislature had an object in providing any impunity for this offence, but the question was whether or not it was a casus omissus. MR. JUSTICE COLERIDGE was clearly rf opinion that the indictment could not be sustained; if it was to be sustained at all, it must be on 5 &6 Vic, because the offence charged was committed prior to the passing of 12 & 13 Vic, and there were no retrospective words in the penal clauses of that Statute, The question then was, whether the 5 & 6 Vic, was so entirely repealed as not to enable recourse to he had to it? The first section stated, that from and after the commencement of the Act, the several acts set forth in the schedule were repealed: and then in the schedule the prior act was slated to be wholly repealed with certain exceptions, which it was admitted did not bear upon the present question. Therefore, if it stood simply on the words in the schedule, the ques tion was at an end; but it was said, that there were other parts of the Act which had a saving effect; those parts, in his opinion, referred to proceedings in bankruptcy and not to criminal offences—the inference attempted to be drawn from the 254 th section, as to the word "penalty," entirely failed. It was said further, that the 4 th and 253 rd sections showed that there was an intention to keep alive proceedings of this nature, Now, supposing the Court were satisfied, as it was, that the Legislature never intended that which must result from this omission, yet the Court could not create or punish crimes except upon the clear legal words of the Legislature; but they were not driven to that argument, because it seemed to him that the inferences, attempted to be drawn from the last-named sections could not stand: it could not he said that a criminal proceeding, such as this, was a remedy for a party injured by a bank rupt and as to the words of the 153 rd section, they might reasonably apply to the case of a fiat, which had issued immediately before the Act's coming into operation. MR. BARON ROLFE entirely concurred in this opinion; it was a perfectly acknowledged rule of law that when a Statute was repealed, you could not proceed against a party for anything done under that Statute; and in the numerous Acts passed on Her Majesty's accession, repealing a vast number of former Acts, an exception was made as to offences committed in the interval, which offences were to be dealt with and punished as if the Statute had not passed, At the passing of 6 George IV the then Bankrupt Act, exactly the same thing happened as that which now occurred; there the former Acts were repealed without any reservation, and the same argument was used, that the Legislature could not have meant to make a sort of hiatus; the answer was, if they did not, it was a misfortune that they did not provide for it, but they very positively repealed everything that had passed before. It was safer to know nothing of what the Legislature intended, except from what they said; they certainly had not said that any of these provisions should be retained, and therefore they were no longer in force. The Jury were directed to find a verdict of NOT GUILTY . 243. WILLIAM LAKE ; feloniously neglecting to surrender himself to the Court of Bankruptcy on the day appointed for finishing his examination. MR. CLARKSON , for the prosecution, stated that the same objection which existed in the last case applied to this, and offered no evidence. NOT GUILTY . 244. HENRY DICKINSON and PETER YOUNG ; feloniously breaking and entering the warehouse of Charles Frederick Biglin , and stealing 2 pints of wine and other goods, value 8 s .; Dickinson having been before convicted, MR. COOPER conducted the Prosecution. THOMAS KELLT ( police-sergeant, H 2). On Thursday night, 6th Dec., I and two officers concealed ourselves at the back of the Angel and Crown, Whitechapel—I had a view into the Old Swan brewery-yard—I saw three or four men loitering about the entrance of the yard—soon afterwards I was two men go up the yard—it was then about half-past eleven o'clock—soon after I heard a report like a gun, and a cracking noise—I and the officers rushed to the cellar, and found the bars wrenched off, the cellar-flap partly open, and took the prisoners inside—on going down the cellar I saw Dickinson—I said, "Halloo! what brings you here?"—He said, "I came down to sleep, having no other place to sleep in"—this was about four minutes after I heard the cracking—I was present when the cellarman came—I saw these two bottles there, nearly empty. ROBERT GIFFORD ( policeman, H 89). I was watching with the other officers—I saw the prisoners in the wine-store—I took Young, crouched on his hands and knees in a corner—I found a candle close by his hand, and some baskets. Dickinson. Q. Were there two bottles of wine? A. Yes—I did not place one of them on the form—you were standing close by the two baskets, near the steps. EDWARD WIGLET ( policeman, H 141). I entered the cellar with the other officers—I found this crowbar—this hammer was lying against the cellar-flap—the staple was wrenched off, and in the cellar I found this life preserver—near where Young was, I found four lucifer matches. Dickinson. Q. Did not the cellarman say that there was nothing shifted? A. No, nor did I. THOMAS LINGFIELD . I am in the service of Charles Frederick Biglin. My attention was called by the police at half-past one o'clock that morn ing—I found the cellar-flap had been broken open, and two baskets that I had left at the further end of the cellar had been moved to the front—two bottles of wine which I had left at one end of the bench had been moved to the other end of it, and one of them was nearly empty—they were the property of Mr. Biglin—the house is in the parish of Whitechapel. Dickinson. There was one bottle on the right, and the other on the left. Witness. No, they were both together when I left the place safe, at half-past six o'clock the night before—I locked it myself. WILLIAM HENRY CAMPBELL ( policeman, K 41). I produce a certificate of Dickinson's conviction, by the name of Robert Lilly more—( read—Con victed Dec , 1848, and confined four months )—he is the man. DICKINSON — GUILTY . Aged 20.— Transported for Seven Years . YOUNG — GUILTY . Aged 22.— Confined Nine Months . 245. ROBERT WHITEHEAD , RICHARD WHITEHEAD , THOMAS WHITEHEAD ; and SUSANNAH WALKER ; burglariously breaking and entering the dwelling-house of Mary Ann Ives , and stealing 1 tea-caddy, 1 lb. weight of tea, and other goods, value 14 l . 19 s .; her goods: Robert Whitehead having been before convicted. MARY ANN IVES . I am a widow, of 3, Richard's-place, Haggerstone. I keep the house, and sleep in it—I know the prisoner Walker—she called at I my place on 20th Nov., at two o'clock in the afternoon—Robert Whitehead was at the door—I went to shut the door, and Walker said, "There is Bob outside"—I said, "Don't let him stand at the door, let him come in"—they came in, and took tea with me—Walker said she had a bonnet to sell that would suit me, and asked me to go to her house to see it—they left at four, and I went to Walker's house at six, to see the bonnet—I did not fasten the shutters, only the window and doors—I met Walker coming out of her own house—I said I had come to buy the bonnet—she said she was going to the I pledge-shop—I said, "I will go and look at the bonnet"—she said, "No, come with me to the pledge-shop"—I went, and waited outside—I then went home with her, and saw the bonnet, and gave her a shilling off it—she then took me to a place opposite Goldsmith's-row, and we had something to drink—we then went to her shoemaker's, and she asked if her boots were done—he said, "No"—in going home she said she was very thirsty, and she went into a public-house, and had some ale—she sat on a seat there half an hour—I said, "I must go home now, it is getting late"—it was about eight o'clock—I left her, and got home about a quarter past eight—I found my shutters and window open, and I missed all the property stated—the bedroom-door where the linen was, had been broken open, and they did not leave me a thing; what I have on now I was obliged to borrow, to appear in—this piece of velvet ( produced ) I had bought on the Monday before; I swear to it—this tea is the same sort as I had, and which was taken away; and this paper that it is in is an account of Manning's execution; I was reading it when they came in and I tore the corner of it off—it was put on the sideboard, and they took the tea in it—my tea had sugar mixed with it—they had taken the sugar out—there is part of the small sugar with it now—I went with a policeman to Walker's house; we did not find anything there—I said to her, "Oh, Mrs. Walker, I am robbed of everything; that wretch has robbed me," meaning Robert Whitehead—she said nothing. JURY . Q. Had you been in the habit of drinking with Walker? A. Yes. HENRY TWITCHETT . I am a shoemaker, of 42, Margaret-street, Hackney, road. I know the male prisoners—I was sitting at work in my room on the even ing of the 20th Nov. and heard some one knock at my shutter between six and seven o'clock—I got up—it was Robert Whitehead, with a very heavy bundle on his shoulder—he asked me if his old man was at home, meaning his father—I said yes, he was—he came inside, and put the load down by my parlour door—he then went outside and took a tea-caddy off the window-ledge—he asked me again if his old man was at home—I said he was—he knocked four times at the door, and his father, Thomas Whitehead, came down stairs—the father had a back room adjoining mine, that he kept unoccupied, and he and Robert Whitehead went into that room with the bundle—they were there a quarter of I an hour or twenty minutes—I went into the yard, to look into the back-room window, and there had been a sheet placed at the window, three parts of the way up, so that no one could see; there had never been anything there before—they then took out the same bundle, wrapped up in a patchwork quilt—Richard had occupied the top room up-stairs, and the father had had his goods up-stairs, and that evening the goods were removed down to the back room adjoining mine, and the whole evening was in confusion—Robert Whitehead does not live with me—Thomas came down and helped the bundle into the back room, and took them out, but I did not see Richard help them in or out—I did not see Thomas any more till he returned home at eleven in the evening—Richard was at home all the time. THOMAS MORIARTY ( policeman, N 215). I went with Mrs. Ives to Wal ker's house—she told her of her being robbed, and she laughed at her—Mrs. Ives said, "It was that man with you that robbed me, and you kept me out while he did it"—I took Walker, and searched her place, but did not find any of the property—she said she did not know anything of it—I found this tea in Richard Whitehead's cupboard—I believe that is the same room that the father lives in—Richard Whitehead said it was his cupboard, and he bought the tea in half-ounces and saved it up—it was in this paper. Richard Whitehead. I bought the tea in half-ounces during my wife's con finement. CHARLES SEMPLE ( policeman, N 56). I produce this velvet, which I saw drop from Robert Whitehead—he denied having dropped it. EDWARD PADBURY ( policeman, N 205). I saw Semple pick up this vel vet—I am certain it was not there before the prisoner passed. GEORGE DODD . I sold this velvet to Mrs. Ives on 19th Nov.—I have the fellow-piece here that I cut it from. Thomas Whitehead. The witness has false sworn himself in every sentence. JAMES PARSONS ( policeman, K 179). I produce a certificate ( read—John Green, convicted Feb. 7, 1848, having been before convicted, confined out year )—Robert Whitehead is the man. ROBERT WHITEHEAD — GUILTY . Aged 25.— Transported for Ten Years . RICHARD WHITEHEAD — GUILTY . Aged 34.— Recommended to mercy by the Jury.— Confined Nine Months . THOMAS WHITEHEAD — GUILTY . Aged 58 .— Transported for Seven Years. WALKER — NOT GUILTY . 246. JOSEPH MIDDLETON ; unlawfully assaulting Mary Ann Webster , with intent, &c. GUILTY . Aged 51.— Confined Two Years . (There was another indictment against the prisoner.) 247. JOHN CLAYTON ; stealing, whilst employed in the Post-office, 12 pence, and 10 halfpence; the moneys of the Postmaster-General : to which he pleaded GUILTY . Aged 39.— Confined One Year . 248. WILLIAM BAUGH ; stealing, whilst employed in the Post-office, 2 post letters containing 1 half-crown, and 4 postage-stamps; the property of the Postmaster General . MR. BODKIN conducted the Prosecution. ELIZABETH GRANT . I live in King's-road, Chelsea. On 24th Oct., I wrote two letters—these are parts of them—I enclosed half-a-crown in each—they were directed to Mr. Richard Gooch, near the New Church, Cherry-street, Lakenham, Norwich—I sealed them, and posted them myself in the Fulham-road, about three o'clock in the afternoon—I put four postage-stamps in each, which were not separated—I afterwards found that they had not reached their destination—one of the four stamps had a selvage. RICHARD GOOCH . I live in Cherry-street, Lakenham, Norwich. I did not receive in Oct. two letters, containing half-a-crown and four postage stamps in each—this is my address on this letter, but I did not receive it. MATTHEW PEAK . I am a policeman in the Post-office. I was on duty there on 5th Dec.—I saw the prisoner there sorting letters in the Inland office—some communication was made to me, and I asked him where he lived—he said at 19, George's-terrace, St. Peter's-road, Islington—Mr. Boyd, the inspector, went with me there—I saw the person who keeps the house; he pointed out a bed-room to me—I searched there, and found these pieces of letters, which I have put together, in the grate, and a good deal of other paper, and amongst them were fragments of letters addressed to the prisoner—I searched a drawer in the room, and found 5 s .-worth of postage-stamps, and these four stamps, in a square together—I have looked through all the papers; they are principally fragments of letters—I found no letter addressed to any person in the house but the prisoner. Cross-examined by MR. COCKLE . Q. The prisoner was asked if he had any objection to allow his lodging to be searched, and he said he had none? A. Yes—I found more than one letter addressed to him, but they were torn up very small—I have not an envelope put together, but pieces with part of his name on—he has been in the Post-office, I believe, about four years—a person named Capstick lived in that house, who belongs to the Post-office. MR. BODKIN . Q. When the prisoner said he had no objection to his lodgings being searched, he was in custody? A. He had been called in, and was under examination. JOHN NICHOLSON . I am a sub-sorter in the General Post-office. I and the prisoner occupy together the room that was searched by Peak—we have done so since 30th April—I do not know anything of these letters—I was not in the Inland-office on 24th Oct.—I have referred to the book; it is not my duty to be there, but I am sometimes. Cross-examined. Q. When was your attention called to this? A. Not till I was told that the prisoner was taken, on 5th Dec—I have been in the Post-office four years—any clerk is liable to be employed for another, but then he signs his name in the book. ---- CAPSTICK . I am in the Inland-office at the Post-office. I keep the house in which Nicholson and the prisoner lodge—they occupy the drawing-room on the first-floor, and a bed-room on the second—Peak searched the bed-room on the second-floor—I know nothing about the papers found in the grate. Cross-examined. Q. How long have you been in the Post-office? A. Four years—this bed-room was not kept locked, but any one had not access to it—my wife attended to them; she, of course, had access to the room—I make no use of the prisoner's room, I only go at four o'clock in the morning to call him up. CHARLES JOHN WHITING . I am a clerk in the Inland-office in the Post-office. Supposing letters for Norwich to be posted in the Fulham-road at three o'clock in the afternoon, they would, in the course of business, arrive at the General Post-office that evening—they would have to be sorted and sent by the mail that night—I can see the stamp of the Inland-office on this envelope of the evening of 24th Oct.—the postage-stamp is obliterated—here is the figure 7, which signifies the Inland-office—it came safely to the Post office that evening—the prisoner was a sorter there—here is the evening sorter's-book, in which the sorters sign their names—on the evening of 24th Oct here is an entry of the prisoner in his own writing, which signifies he was on duty in the Inland-office that evening—Nicholson was not employed on 24th Oct. in that office—no person is permitted to be employed in that office without signing his name in this book—this letter is addressed to Norwich, and had a double stamp on it—supposing it contained half-a-crown, and had a double stamp, it would probably go in with the packets which are sorted separately; it would be the prisoner's duty to sort a letter of that kind—this would be assigned to the Eastern Counties' division—the prisoner was employed at that division that evening—the letter-bag for Norwich would be made up in the Eastern Counties' division. Cross-examined. Q. Perhaps you can tell me whether Capstick was on duty that evening? A. He was, in the Inland-office, in the same depart ment that the prisoner was—at first all the letters are sent to the sorters promiscuously; it might have gone to Capstick, or any other man—Capstick was not employed on the Eastern Counties—we do not keep a separate register, only this one book. GUILTY . Aged 30.— Transported for Seven Years . 249. HENRY SIMONS ; was indicted for a robbery on Henry Wolff , and stealing from his person 2 breast-pins and 1 chain, value 4 s . 6 d .; 3 half-crowns, and 3 shillings; his property. HENRY WOLFF . I was at the Cross Keys, Wentworth-street, on 11th Dec.—the prisoner was there—there was some dispute about playing at cards—they wanted to cheat me, and the prisoner got up and gave me a blow—there were some Germans in the room—I was knocked and kicked about—I wanted to button my coat, because I had changed a sovereign, and had the change in my pocket—the prisoner said, "Don't let him button the coat"—I was taken by two men by the arms, and the prisoner put his hand into my pocket—I cannot say what I lost, but I consider I lost 11 s . or 12 s ., and my breast-pin. Prisoner. Q. Can you swear I took the pin out? there were about twenty persons in the room; you have had a spite against me for four years. Witness. I have not—we have not fought together. JOSEPH BRAY ( policeman, H 43). Wolff gave the prisoner into my charge for robbing him of 8 s . or 10 s ., and a breast-pin. NOT GUILTY . 250. HONORA CRAWLEY ; was indicted for a robbery on James Green ham , and stealing from his person 1 umbrella, value 2 s ., and 4 shillings; his property. THOMAS KELLY ( police-sergeant, H 2). On Sunday night, 2d Dec., I was on duty in the New-road at half-past nine o'clock—I saw the pro secutor with an umbrella—the prisoner accosted him, and asked him to go home with her—he said, no, he had a wife and family of his own, and was going home—she got hold of him—some persons came by, and she said, "He is my brother, I want to get him home"—she got him down—he got up and went on, and she knocked him down, and ran off—I pursued and took her, and found this umbrella in her hand—I did not see her take it from him, as the night was dark and wet—the prosecutor had been drinking. JAMES GREENHAM . I am a stoker at the gas-works, in New Gravel-lane. I was going home from work—the prisoner accosted me—I told her I was going home—she followed, tripped me up, and knocked me down—I had an umbrella; she took it from me—I had a half-crown in one pocket, and 1 s . 6 d . in the other, when I left the factory, not a quarter of an hour before, and I lost them—this is my umbrella. GUILTY . Aged 25.— Transported for Seven Years . 251. THOMAS BARR; stealing 14 brushes, value 14 s .; the goods of James Henry Slaytor , his master. JAMES HENRY SLAYTOR . I am a brush manufacturer, of Coppice-row. The prisoner was in my service—I have lost a great many brushes—these brushes produced are mine. THOMAS BARRETT . I am a pawnbroker. I took in these brushes from the prisoner—he said he brought them from his father, who was a brush maker—there are a great many brush-makers about that neighbourhood. GUILTY . Aged 14.— Confined Six Months . (There was another indictment against the prisoner.) 252. JOHN HERBERT ; stealing 25 brushes, value 25 s .; the goods of James Henry Slaytor , his master. JAMES HENRY SLAYTOR . The prisoner was in my service as a French polisher—I lost a great number of brushes—these twenty-five are mine, and are all new ones—here are one hundred in the whole. Cross-examined by MR. HORRY . Q. How long had he been in your service? A. About two months—I had no character with him—as soon as the officer came to the house the prisoner absented himself—I had a letter from him afterwards, saying he would show me where my property was, but I found out that the first of these pawnings was on the day he came into my service—he took me to Mr. Swains', and some other pawnbrokers—he said Thornhill stole them, and he pawned them—after the brushes were finished they went to Thornhill to be delivered—Thornhill robbed me of five times as many as these—I had him up twice—he was dismissed; I don't know why. THOMAS BARRETT . The prisoner offered ten of these brushes in pledge to me—I stopped them. GUILTY . Aged 28.— Confined Nine Months . (There was another indictment against the prisoner.) 253. GEORGE HETHERINGTON ; unlawfully obtaining money by false pretences. NOT GUILTY . 254. DANIEL BURTON ; feloniously cutting and wounding Benjamin Potter , on the belly, left thigh, and left hand, with intent to disable him, on the high seas . MR. BALLANTINE conducted the Prosecution. BENJAMIN POTTER . I was mate of the Norfolk , which has just come to London. The prisoner was a seaman on board; I believe he was shipped in London—I joined her at Madras, on the homeward voyage—the captain's name is Kreeft—we touched at St. Helena, on the way home, on 12th Oct., in the morning—in the evening we wanted to get under weigh—while getting in the cable, I heard some grumbling, and said, "Heave away, lads! let us have no grumbling"—I then saw the prisoner there—he continued grumbling, saying, "This is a pretty time of night to get under weigh," and things of that kind—the captain then sung out, "Grog, oh! for all hands!"—the prisoner did not have any—I had stopped it before, because he was dilatory in his duty—after that he was worse, and continued grumbling—I went up to him, and told him to desist grumbling, and if he did not I would "stop his wind;" —I meant, "stop his conversation"—he said, "If that is the case, I will knock off" —he let go of the windlass—I insisted on his going to work again, and said, "If you do not, I will make you"—the captain then sung out, "Bring that man aft "—the prisoner said, "If you lay a hand on me I will shove this knife into you," taking one from inside his trowsers or belt, and opening it—I advanced towards him; he put his head down, ran at me, and I felt the knife grate across my thigh and stomach—I should fancy it was drawn in an upward direction—I struck him, and knocked him down—I allowed him to get up, then pinioned him round the arms, and was bringing him aft —he struggled to get clear—he pointed the knife a second time at me—I struck him again with my right hand, and stopped the knife with my left—he got up—I pinioned him—the captain and second mate then came to my assistance, and while we had hold of the prisoner he called out to the other men, were they Englishmen, and would they see a man overpowered—I felt my hand cut across, there is the scar—I told the captain to beware of himself, and immediately after he said, "I am cut also," and I saw blood running from his cheek—this knife ( produced ) was found next morning—I suppose he broke the handle, because as soon as he cut my hand I let him go forward , and ran after him a third time, and the knife was found at the place he ran to—he was then secured—I am not aware that I had given him any further provocation than what I have stated. Cross-examined by MR. ROBINSON . Q. Is it a knife to wear round the neck? A. Yes; sailors generally carry one for the purpose of cutting ropes—I swear I saw him open it—it was between six and seven o'clock in the evening, just getting dusk—I will not swear it was not after seven—it was not very nearly dark—I think I should have known the captain at half the ship's length—I think I might have recognized a person's face; I cannot be sure, because the circumstances at the time occupied my mind—we were not short of provisions up to that time; the men had their full allowance—the captain knew what was in the ship—we got a barrel of beef at St. Helena—we had not been served short—I do not know what was in the hold; the captain takes the account of it—the prisoner had not been quite well before—he had had medicine two or three times, and several of the others too—I cannot swear whether he had any the day before—I do not know that the medicine was stopped—he asked me for his medicine at the windlass a short time before we got under weigh, and I said, "You had better wait, but if you want it now you may go for'ard and get it"—I did not refuse to give it him—that was the only time he applied for it—I believe he had a sore toe, at least he said so—I have nothing to do with the medicines; the captain serves them out himself—the prisoner had not complained of his toe; he had merely said so among the men—I do not recollect the words I used to him—I said I would "stop his wind" —I did not say "d----d wind" —I wil not swear that—I might have sworn at him; I do not think I did—I struck him in the head after he ran at me—I did not strike him before he ran at me—I did not know at first that I was cut—the wound was very slight, but it went through my trowsers—it was not deep, but it might have been serious—I was not away from duty—my hand was disabled for three weeks—I and the captain had hold of him, not the second mate, I sent him and the carpenter away when the prisoner called to the crew—I did not hear the prisoner call "Murder!"—I will not swear he did not—I pinioned him round the arms until I got about halfway aft , and the captain, carpenter, and second mate then came to my assistance—the captain held him by the shoulder, and lent a hand to drag him aft —I do not think he held him by the collar—he was immediately put in irons, and brought home so, and was so until he was given into custody—the vessel is 349 tons—there are sixteen hands, with the captain, carpenter, two mates and steward—I believe we had the full complement—if the men had worked properly the ship would have worked like a top—some ships go with much fewer hands—the men complained of the ship being short handed, because we had an old cook, and an old steward, and two boys, of no use—they did not grumble about the quantity, but the quality—if they had worked their best it would have been amply manned. MR. BALLANTINE . Q. That threw more work on the mates, as well as the others? A. Yes—I went on the ordinary wages—there is no objection to starting from a place in the evening, whether it is dusk or not—I merely acted under the captain's orders—the prisoner was brought home in irons, under the captain's orders—they were hand irons—he was allowed his full rations all the way, and three hours a day exercise at first, and two afterwards—there was no shortness in the rations up to St. Helena—we were short of a few trifles about three weeks before we got in. FERDINAND CHARLES KREEFT . I was master of the Norfolk. On the voyage from Madras to London we touched at St. Helena for coals and water—up to that time we had had our full complement of provisions—we came to anchor on 12th Oct., between ten and eleven o'clock in the morning—about half-past six, or between that and seven in the evening, I ordered the anchor to be weighed—the men were forward weighing the anchor—I heard a disturbance, and as the anchor was coming up slowly, I called out to the steward to give them a glass of grog—the prisoner's grog had been stopped with my sanction—the mate would have been acting contrary to my orders if he had given him any—after that I heard a scuffle, went forward , and saw the mate had hold of the prisoner bringing him aft —he moment I came, Potter ordered the second mate and carpenter to go for'ard , and we then tried to carry the prisoner aft —Potter had his arms round the prisoner who was off his legs—when we got him down to the break of the fore deck Potter laid, "Take care of yourself, Sir—he is using his knife"—I immediately had a cut on my cheek, and also on my thigh and stomach, an upward wound—I found myself saturated with blood—he was let go by us both, and escaped round the other side, and when I got round, Potter had again seemed him—I then called on the crew to help—several of them did so, and the prisoner was secured—I have been upwards of twenty years in the merchant service, and have been ten years a master—I cannot say whether the mate was behaving temperately—I heard the scuffle, and sung out to the mate to bring him aft —the mate merely acted under my orders. Cross-examined. Q. You did not find the wound in your thigh out for some time, did you? A. No—Potter had just let go of him when I was cut—I had hold of his feet at the time, he was on the deck in a sitting posture—we were trying to get him on to the quarter-dock—he escaped immediately I felt the wound in my cheek—the flour got bad at the latter part of the voyage—I have not been prosecuted since—Mr. Vesey wrote to me, and I said I would pay the crew any reasonable sum for short provisions; but no com plaint was made at the pay-table when the crew received their wages—when we arrived at St. Helena there was about 20 l . wages due to the prisoner-application has been made to me for it, and I have refused to pay it—I may have given the prisoner medicine several times on the voyage—I did not immediately, or two days before this—I did not to my knowledge three days before—he applied for some just as we were letting the anchor go on going into St. Helena—I asked what it was for—he said it was for a sore toe—I said, "It is no time to take medicine, you had better wait till the evening; you can have it if you please to go to the steward, and get it"—he said he would wait till the evening—he applied for salts—the prisoner called out "Murder!" several times while we were taking him aft. MR. BALLANTINE . Q. Did you represent these facts to the owner when you arrived? A. Yes—I paid the wages—the owner died two or three days after we arrived—it is of no moment to me what the men receive—I paid Mr. Vesey 6 l . in order that the prisoner might be defended—the flour did not run out, it went bad; there is a cask of it unused now—it spoiled in conse quence of the length of the voyage—we only intended to stay eight or ten hours at St. Helena; but on account of this affair I was obliged to stay till the next day—other matters, and the winds, delayed us two or three weeks MR. ROBINSON . Q. How long was the passage? A. Two months—I have made it in thirty-eight days; a ship just after me, made it in something less than that. CHARLES UNSTEAD . I am second mate of the Norfolk —I remember the men being ordered to heave the anchor—I was at the windlass—the captain sung out, "Grog, oh!"—all then went to their grog except the prisoner—we came for'ards again, and began to heave away—the prisoner was grum bling, and Potter asked what he was grumbling about—he said, "You haw stopped my grog"—Potter said "If you don't go on heaving again, I will stop your wind;" and upon that he knocked off work—Potter told him to go on heaving again—he would not, and Potter took hold of him—I had not seen the prisoner do anything before that—I heard him say he would rip him up if he touched him—I did not then see any knife—I noticed Potter was bleeding from the hand, and the next day I saw a cut on his thigh—on the next morning I found this blade of a knife, by the water-cask. Cross-examined. Q. What time was it? A. I cannot exactly say; perhaps it was six or seven o'clock; it might be later—I cannot say whether it was considerably later than seven—it was dark—it might be nearly eight—I have before been asked questions about the time—it was after the prisoner ceased heaving at the windlass that he said he would rip Potter up—I only saw Potter pull him down once—he caught hold of him by the collar, and pulled him down—I did not see him strike him; I swear that—I saw them scuffling—I was on the foremost part of the windlass and they on the aft —it was dark, and I could not see—I was perhaps eight or ten feet off, or rather more—I could not see whether he did knock off work or not—after the captain said "Bring him aft ," I went and took hold of his legs—that was before the captain was cut—he was like sitting down then, and I took hold of his legs and dragged him along the deck. MR. BAILANTINE . Q. There is very little twilight at St. Helena? A. Very little—I cannot recollect the exact time. THOMAS WATKINS ( policeman, K 310). I took the prisoner, and told him he was charged with attempting to murder the captain and mate—he said, "Well I may, for I have been very near half-starved the whole of the voyage." MR. ROBINSON called GEORGE GILMORE . I was a seaman, on board the Norfolk. On 12th Oct. I was heaving the windlass—Burton was close by me—the mate was standing close to the windlass—it was between eight and nine o'clock—the other ships in the port had struck eight bells—it was dark—the windlass was stopped, and a glass of grog was served out to the ship's company—Burton did not get his, and he said his grog and medicine were both stopped—Potter said, "It is time to stop your grog when you take two hours bending the fore-top-gallant sail"—I know he did not take so long as that—I cannot exactly say what time he did take—he complained of a sore foot—I saw one of his toes was sore—Potter said, "If you don't hold your tongue, I will stop your wind" —the prisoner said, "If you strike, I will defend myself"—Potter then sprung on the top of him, and knocked him down, and when he was down he was striking him with his fist—I did not hear anything said about cutting—after Potter had struck him several blows, he dragged him between the galley and foremast, and repeated several blows again—at that time the captain came forward to inquire what was the matter—the mate said, "It is only this d----skulk of a Burton"—the captain told him to leave him alone to him, and said, "Heave away, my men; he is only a d----skulk"—the captain and Potter then took bold of Burton, and dragged him to the foremast water-cask, on the same side of the deck—Burton caught bold of the water-cask—they could not get him away, and the captain kicked him several times in the side, and Potter was striking him at the same time in the face with his foot—they then dragged him aft, abreast of the main rigging, and I heard several blows with a rope's end, but it was dark, I could not see—I was at the windlass—I heard Burton cry, but I cannot say who hit the blows, or who received them—he sung out "Murder!" three times—I afterwards saw him on the larboard side, in irons—I heard nothing said about a knife—the captain sung out, "Men, men, they are going to murder me;" and shortly after he and the chief mate complained of being cut, and sung out for assistance. Cross-examined. Q. You were at the windlass, close to the prisoner, helping him? A. Yes, and Potter too—I could touch him one way, and Burton the other—I did not see Burton draw a knife—I cannot say whether should have seen it if he had—I was not exactly looking at what was going on I was looking round the deck—if Burton had drawn a knife, and opened it, I could have seen him—I never did see a knife—I went aft, and got some grog when the captain called out, "Grog, oh!—"Burton was not allowed any—he was for'ard , at the windlass, at the time—when we got back, he said his medicine was stopped as well as his grog—Potter heard him say that—he only said it once, mildly and gently, not in a particular grumbling manner—he merely made the observation—it could be no offence to Potter at all—Burton gave him no provocation—he did not run at him with his head down—Potter ran at him, and knocked him down—it was merely because Barton had said, in a gentle manner, that his grog and medicine were stopped—I had heard him say he had been aft , after medicine—Burton had not time to open his knife after Potter knocked him down—I swear he did not draw his knife—Potter knocked him down, and when he was down he stood over him, and struck him with his right hand, holding him down with his left—I cannot say how many blows he gave him—I cannot tell whether it was ten or fifty—it was not gentle striking, but as hard as he could—he got him down a second time, and set to work and punched him again in the same manner—I cannot tell how many blows were struck—when the captain came for'ard they had him down again, dragged him before the water-cask, and the captain kicked him in the side two or three times—he was very much hurt, and cried out to get clear—the mate was striking him in the face—it continued some time—I did not see any knife, or hear of any wound until the captain called out—after the complaint was made, I saw the mate's thigh bleeding—I did not see his trowsers or his hand—I was shipped at the Mauritius, on the outward voyage—we got in St. Helena on the homeward voyage in the morn ing, and got some water—I do not know whether there is any twilight there, I did not notice—I had never been there before—the sun sets in Oct. at a few minutes past six o'clock—we were ordered to heave at the windlass between eight and nine, not before—I recollect noticing the time—I was discharged from a Government mail packet, at the Mauritius, of which I was chief officer, through too much drink—I embarked on board the Norfolk as a common seaman—I did not lose my wages; I was paid every farthing—I was not drunk at the windlass—I had only had a glass of rum and the day's allowance—I have made an application on account of the short provisions—Mr. Vesey is my attorney; he did not come to us, we went to him—we knew this matter was going on—I was not examined at the police-court; I was present. MR. ROBINSON . Q. Can you undertake to say that no knife was drawn before Burton was first knocked down? A. I did not see any—he had not time to draw a knife—I was not near enough the second time to see whether there was a knife drawn or not—he had not knocked off work at the windlass before the mate struck him—he had ceased from heaving—one glass a day allowed on board the ship, and that laid at the captain's own option—I am not aware that Captain Kreeft has complained of my conduct—I asked him for a reference—he said he would be happy to give me one, if I called at the office, and if they were all like me it would be all right—the windlass it not more than eight feet from the water cask. JOHN SMITH . I was a seaman on board the Norfolk , On 12th Oct. I was heaving at the bar of the aft-part of the windlass—I saw the beginning of this matter—Potter knocked the prisoner down—I could not see what the prisoner did immediately after that—the mate gave him several blows in the face while he was down—the captain came and asked what was the matter, and said, "Leave him to me, Mr. Potter," and they led him out—I did not see anything after that—it was dark, and I remained at the windlass—the captain said to us, "Heave away, my men; he is only a d----d akulk"—I afterwards heard several blows with the rope's end; I cannot say where it was; it was some little distance from me—I did not see any knife drawn before the first blow—I was on the other side—the prisoner came for'ards again, running across from the starboard to the larboard—the captain and mate came running after him—the prisoner tumbled down on the deck, and they struck him again—I did not hear anything about the knife till Potter and the captain sung out he had cue them; that was at nearly nine o'clock, when the prisoner ran for'ards —it was after I had heard the blows given. Cross-examined. Q. What countryman are you? A. A Dutchman—I complained of the short supply of provisions—I have employed Mr. Vesey—I did not see a knife at all—there were twelve or thirteen at the windlass-two of them are gone away again; I do not know where the rest are—I did not see Burton butt at Potter with his head down—I saw Potter run at Burton—Burton was working the windlass. MR. ROBINSON . Q. Whether anything of the kind took place after the first blow, you cannot undertake to say? A. No. GUILTY . Aged 28.— Recommended to mercy by the Jury and Prosecutor,— Confined Two Months . 255. GUSTAVUS HESTMAN ; feloniously cutting and wounding John Camaleri , with intent to do him grievous bodily harm— (the evidence was in terpreted to the prisoner. ) MR. CAARTEEN conducted the Prosecution. JOHN CAMALERI . I am a Maltese seaman, and lodge with Mr. Mitchell. I was out with him, a countryman of mine, and another person, on 30th Nov., in Ratclife-highway—I was walking with my countryman, and Mr. Mitchell in front with the other one—the prisoner came up to me, and said in English, "What are you talking about?"—I said, "Nobody was speaking to you"—I was not speaking to or about him—the prisoner left, and after that Mitchell said he was going home, and when he had got about ten yards away, the prisoner came again, and struck me on the side of the face, and ran away—I put my hand up, and it was bloody—Mitchell ran after the prisoner, and ray countryman called out, "Knife! knife!"—he overtook the prisoner in Princes-street; he is not here—Mitchell next came up to the prisoner, caught him behind, and I saw an open knife in his hand—Mitchell took it away, and gave it to the policeman—there was blood on it—I was taken to the doctor's—my face bled very much. Cross-examined by MR. ROBINSON . Q. What is your countryman's name? A. Emanuel Bone—I did not see the prisoner strike me—the first I saw of him was his running away—I do not know whether he was drunk—I had not seen the prisoner before—I had been with these people for three hours—we had had one pot of beer for the four of us. GREGORY MITCHELL . I live at 24, Lower Grove-street, St. George's, and keep a lodging-house for seamen. On 30th Nov. I was in Ratcliffe-highway with the prosecutor, another Maltese, and an Italian—I was with the Italian, and the others were following—the prisoner met us, and said to Camaleri, "What are you talking about?"—he said, "Nobody is talking to you; we are talking our lingo" —we left, and when we had gone a few yards from Camaleri, some one sung out, "Knife! knife!"—I turned back, and saw Camnleri's face covered with blood, gave him my handkerchief to tie it up, and followed him into Princes-street—I there saw the prisoner with the knife in his hand, holding it up, making room—I ran back to let him pass, I was afraid, and he ran into the Highway again—I ran after him, put my arms round him behind, shut him up in them, and laid him on the ground—I took the knife from him, and gave it to the policeman—the Maltese came up to the prisoner first. Cross-examined. Q. You keep a lodging-house? A. Only for one or two—these three men were all my lodgers; I take them out occasionally for a walk—I never saw the prisoner before—we had been together from about half-past six to ten o'clock—we had one pot of half-and-half between the four of us—I have been in Court while Camaleri was examined—it was not above a minute from the time the prisoner spoke to Camaleri till I beard the cry of "Knife!"—the prisoner was half drunk. WILLIAM ASTBURY ( policeman, H 151). On the night of 30th Nov. I was on duty in Ratcliffe-highway, and saw Mitchell lay hold of the prisoner behind—the prisoner was running—Mitchell took this knife ( produced ) from him, and gave it to me; it was bloody—I took the prisoner into custody; he seemed to know what he was about—while going to the police-court, next day, he said, in English, "I was half lushy ; I am very sorry for it; it is the first time I ever used a knife, and it shall be the last"—I saw Camaleri's face, it was bloody. Cross-examined. Q. Is this such a knife as sailors use? A. Yes—I there was more blood on it than there is now, it has got rubbed off. MARK BROWN GARRETT . I am a surgeon, in New-road, St. George's. On 30th Nov. the prosecutor was brought to me—I examined his face, and I found a punctured wound on the right cheek, just in front of the ear, nearly an inch and a half long, and more than an inch deep—the temporal artery and the cartilage of the ear were divided—there was considerable haemorrhage—the situation of the wound was dangerous, but the wound itself was not, except as to the division of the artery—it might have been inflicted with this knife. Cross-examined. Q. Would not a wound on any part of the head be dangerous? A. Not so dangerous as in that situation—it was near some very important arteries—if it had been an inch higher up it would not hire been so dangerous—the temporal artery is a very superficial one, you can feel its pulsations. GUILTY of an Assault. Aged 31.— Confined Four Months 256. GEORGE BROWN ; stealing 4 tame fowls, and 4 tame ducks, price 18 s .; the property of James King . JAMES KINO . I am a farmer of Walthamstow. On the morning of 30th Nov. I missed twenty fowls and four ducks—the policeman afterwards brought them to me—I am quite sure they were mine. EDWARD HANBURY ( policeman ). About five o'clock on the morning of 31 st Nov. I found four ducks at Temple Mills—I saw the prisoner coming along the road—he made a stop at the spot, went on and stopped I again—I had seen no ducks there about five minutes before—no one else had passed—no one else could have left the ducks there. Prisoner's Defence. It was so dark the policeman could not see me till I came up to him; I told him I knew nothing of them, and had not seen them. NOT GUILTY Before Edward Bullock, Esq. 257. EDWARD BURLING , stealing 8 brass weights, value 2 s . 6 d . and I iron weight, value 6 d .; the goods of Edward Weir ; to which he pleaded GUILTY . Aged 17.— Confined Two Months . 258. WILLIAM GRAHAM and WILLIAM THOMAS SPIERS ; un lawfully and forcibly ejecting Joseph Bond out of a certain house in his pos session. NOT GUILTY . 259. RACHEL DEANE ; stealing 2 blankets, and other goods, value 1 l . 4 s . 6 d .; the goods of Elizabeth Weaver : to which she pleaded GUILTY . Aged 22.— Confined Six Months . 260. GEORGE CLARKE ; unlawfully uttering counterfeit coin: to which be pleaded GUILTY . Aged 28.— Confined Twelve Months . 261. ANN HOLMES ; stealing in the dwelling-house of Catharine Brooks I watch and other articles, value 8 l . 12 s .: and feloniously and burglariously breaking out of the same house; having been before convicted: to which she pleaded GUILTY . Aged 22.— Transported for Seven Years . 262. MARY BEADMORE ; stealing 1 tub, value 2 s .; the goods of James Walker ; and 1 pail, value 1 s .; the property of Henry Hallett ; having been before convicted: to which she pleaded GUILTY . Aged 42.— Confined Twelve Months . 263. PATRICK FEE ; stealing 1 pair of boots, value 8 s .; the pro perty of James Halles : having been before convicted: to which he pleaded GUILTY . Aged 50.— Confined Twelve Months . Before Mr. Common Serjeant. 264. WILLIAM HARRISON ; stealing 1 pair of trowsers, value 13 s .; the goods of Maria Watson : to which he pleaded GUILTY . Aged 19.— Confined Nine Months . 265. ELIZABETH NEALE ; stealing 61 l . 4 yards of merino, value 6 s .; the goods of John Manning . JOHN MANNING . I live in Queen-street, Greenwich; the prisoner lodged in my house. On 30th Nov. I had a piece of merino safe in my bedroom—I missed it—this is it; I have a piece here like it. ELIZABETH ALLEN . I met the prisoner in Douglas-street—she asked me to go and pawn the merino for her. ROBERT KENDREW . I am shopman to a pawnbroker—I produce this me rino, which was pawned by Alien. Prisoner's Defence. I was in distress; it was my intention to redeem it when I got money on the 21 st . GUILTY . Aged 61.— Confined Three Months . 266. THOMAS MURRAY ; stealing 1 purse, value 6 d . 5 sixpences, and 12 halfpence; the property of Mary Ann Greenwood ; and 1 purse, value 6 d ., and 2 sixpences; the property of Ann Jennings . MARY ANN GREENWOOD . I am an unfortunate girl, and live at Woolwich. On the night of 6th Dec. I went to bed with Jennings—the prisoner was in a bed in my room—Jennings had made him a bed in her room, and he would not lie there, be would insist on being in my room—I made him a bed on the floor—he awoke Jennings up between one and two o'clock, and asked for a light to go away—he went away—I had had in the pocket of my gown, behind the door, a purse containing five sixpences and some halfpence—I saw them safe when I got into bed, about twelve—I got up at five, found my gown on the floor, and my purse and money gone—no one else had been in the room—Jennings locked the door after the prisoner went—this is my purse. ANN JENNINGS . I was in bed with Greenwood—I put my purse and money under my pillow, about twelve o'clock—the prisoner awoke me about half-past one, and asked for a light to go away—when I got up I missed ray purse and money—no one had been there to take it but the prisoner—this is my purse, I had two sixpences in it. Prisoner. Q. Did not you put the purse in my pocket? A. No. JOHN WALKER ( policeman, R 298). I took the prisoner—he said be knew nothing about the purses or money—I said I should search him—he then put his hand in his pocket and gave me these two purses—I found on him a pocket-piece, which Jennings identifies. GUILTY . Aged 20.— Confined Eighteen Months . 267. MARY HUMBLE ; stealing 4 shirts, and 2 pairs of stockings, value 21 s .; the goods of Susannah Marshall , her mistress. SUSANNAH MARSHALL . I keep a lodging-house at 5, Ramsey-terrace, Greenwich. The prisoner was in my service three weeks and four days—I found four of my trunks had been forced open—I spoke to the prisoner about it, and sent for her parents—she was searched in her mother's presence, and two pairs of stockings, a number of gloves, and several other articles were found on her—the four sheets were found in the bundle under the other linen, tied up in her own handkerchief—they were in my custody—the stock ings are my own, and came from the: box that was broken open. JOHN. BEVIS ( policeman , 43). I took the prisoner, and asked her how she accounted for the possession of the stockings—she said that she had been to her box for a book, and had picked them up, and she intended to put them back, but her mistress rang the bell, and she had no time. GUILTY . Aged 21.— Confined One Month . 268. MARY BEADLE ; stealing 6 yards of printed cotton, value 3 s .; the goods of Thomas Chetwood Jones; having been before convicted: to which she pleaded GUILTY . Aged 27.— Confined Nine Months . 269. CAROLINE PRATT ( indicted with Francis Ratt , who was too ill to be tried ), stealing 3 blankets and 2 pillows, value 15 s .; the goods of Eliza Taylor . ELIZA TAYLOR . I am a widow, and live at 3, Wellington-place, Newing ton Butts; at the time of the robbery I kept a lodging-house at Clapham. On 4th May, the prisoner and a man who had been in the house since March, left—I was then about to break up my home and tell my furniture—they were seven weeks with me, and did not pay a farthing—I said I was deter mined the prisoner should leave my room that morning—I went into the room, turned down the quilt, and missed all the three blankets and two feather pillows—she called to me and said, "Pray, Mrs. Taylor, do not pro secute me; I have stolen your things to live on, and I will return them before I sleep"—she went out and never returned—I did not see her again till she was in custody—I have no doubt she was in great distress, or she would have paid me my rent—she did not do anything for her living that I know of. Prisoner. Q. Did not I work for you? A. You helped me sometimes at the wash—I did not say if you helped me to do a little washing I would pay you—I did not give you any thing for your labour, as you owed me rent. CHARLES LEWIS . I produce these blankets, which were pledged at our place; I cannot say who by; the man who took them in has left—I produce the duplicate; it is in the name of Ann Pratt, which shows the pledge was by a woman. THOMAS OTTLEY ( policeman ). I produce some corresponding dupli cates—the father of the prisoner, Francis Pratt, gave them to me—he was living at Battersea—Francis told me his father had got them—both the prisoners lived together at Clapham—when I took them, I asked where the duplicates relating to the blankets were, and they both told me the father had got them—Francis is the prisoner's husband—they appeared to be in great distress. Prisoner's Defence. We were in great distress; my husband has been very ill ever since we have been married; be knew nothing of it till after we had left the house. GUILTY . Aged 28.— Recommended to mercy.— Confined Two Months . Before Edward Bullock, Esq. 270. WILLIAM TYLER ; burglariously breaking and entering the dwelling-house of John William Field , and stealing 8 watches, value 42 l ., 2 crosses, 2 brequet-chains, 2 guard-chains, and 2 watch-chains, value 12 l .; his property: having been before convicted. FRANCIS MILLARD . About a quarter to eight o'clock in the evening I was at the shop of my employer, John William Field, a silversmith in the Borough, and heard a knock against a pane of glass—I looked at the window, and saw the prisoner there—he smashed the window in with his two fists, and pulled out a number of gold and silver watches and gold chains which were hang ing in the window—he attempted to run away with them—I ran out of the «hop, and secured him at the window with the articles in his hand—he threw some of them on the pavement—he kept two gold chains in his hand—I kept hold of him till the police came, and he was given into custody—I have the things here that were found, eight watches, six gold chains, and two silver crosses—there are two silver watches and one gold chain missing—the things produced are Mr. Field's—he lives in the house, and keeps it—it is in the parish of St. Mary, Newington. JOHN LOVELOCK ( policeman, A 477). I am attached to the M division. On 3d Dec, about a quarter to eight o'clock, I was called, went to the house, and saw the prisoner in custody—Millard gave him to me—I took these two chains out of his hand—the window was completely smashed—at the station, he said he did it with the intention of taking all he could. THOMAS HYDE ( policeman, L 137). I produce a certificate of the pri soner's conviction—( read.—Henry Lovett, convicted Dec , 1848, confined twelve months )—I was present—he is. the same person. GUILTY . Aged 23.— Transported for Ten Years . Before Mr. Common Serjeant. 271. ELIZABETH HILLERY and ELLEN HANDLEY ; stealing 6 shawls, value 27 s .; the goods of Miles Fawcett : Handley having been before convicted: to which HILLERY pleaded GUILTY .† Aged 24.— Confined Six Months . MARIA LOUISA FAWCSTT . My husband's name is Miles; he is a draper, at 111, Lamheth-walk. On 5th Dec, soon after six o'clock in the evening, the prisoners came to the shop, and went to a pile of six shawls at the end of the counter—when I came down from the top of the shop they both had I hold of one shawl, which Hillery pretended she was looking at, and wished, to purchase—I showed her two or three others—she said she did not like any of them—she took the ticket off the one she was looking at, and threw it down on the counter—I afterwards pinned it on again—I thought their manner very suspicious, and told them 1 did not believe they came in to purchase a shawl at all; I thought they came in to steal, and 1 should not let them go till they were searched—I said I would first look and see bow many shawls I missed—I looked over them, missed five, but did not say so—I was coming round to search them, when a boy came in and took bold of the shawls from under Hillery's clothes, and put them on the counter—I gave them into custody—these ( produced ) are the shawls—there were six tied together, and they were exactly as they now are—Handley stood by Hillery's side, on the opposite side of the counter to me—she was not doing anything—she stood so as to screen Hillery—Mrs. Wetton was in the shop at the time and stood close to me, and another person also, who went out, there was no light at the end of the shop, where I and Mrs. Wetton were, and they could not see us when they came in—they bought nothing—they came in twice. Handley. Q. Did not I tell you Hillery did not want to buy a shawl? A. Yes; you said she had not money to purchase one—you said you came in to ask me to let you have half a yard of ribbon you had been looking at about ten days before—I had seen you frequently before—you did not ask for the ribbon when you came in. AMELIA REDKNAPP WETTON . I was at the back part of the shop, where I could see the prisoners, but they could not see me—I watched them, and saw Hillery pull the pile of shawls, and drop them by her side—I saw Mrs. Fawcett showing them shawls, and I thought Hillery picked up those she bad dropped, till I saw her shuffling about—I thought it was very suspicious—Handley stood as if trying to shield the other from sight—they gave their address, and I went with them to see where they lived—I stopped with Hillery while Handley went, as she said, to fetch Hillery's mistress—she came back, and said, "Don't tell her mistress, or she may lose her place; take a shilling and have something to drink, and say nothing about it." JOHN RUSSELL. I am fourteen years old, and am in Mr. Fawcetts employ—I saw the fringe of the shawls hanging round Hillery's heels. HENRY MORTON ( policeman L 63.) I apprehended Handley the nextday—no money was found on either of them—they do not live together, but associate constantly. SAMUEL BRINE ( policeman, E 33). I produce a certificate of Handley's conviction—( read—Convicted May , 1848, of stealing 20 yards of printed cotton, confined three months )—I am quite sure she is the person. HANDLEY — GUILTY . Aged 21.— Transported for Seven Years . 272. ELIZA HARRISS and JANE CUNNINGHAM ; stealing 2 yards of silk, value 12 s .; the goods of Joseph Linthwaite : Harris having been before convicted. JOSEPH LINTHWAITE . On 11th Dec, about a quarter to eleven o'clock, the prisoners came to my shop, 7, Crown-row, Walworth-road, and asked me to show them some black silk handkerchiefs, about 3 s . 6 d .—I showed them some, they were not good enough—I showed them some better ones—they said they would take one at 5 s ., but wished me to take something less—I could not—Cunningham said she could not take it then, but would bring her husband at dinner-time, and would I allow her to pay 6 d . off—she gave me It., and I gave her 6 d . change—as soon as they left I missed a piece, containing two or three handkerchiefs, this is one of them ( produced )—I know it by the private mark. HENRY HUNT ( policeman, M 82). On 11th Dec. I took Harriss, on another charge—as I took her to the station she dropped this piece of silk. Harriss's Defence. I bought it in Rosemary-lane. Cunningham's Defence. I left 6 d . on it, and intended to go back in the afternoon; but a few friends came in, and I could not go. ROBERT BRANFORD ( policeman, M 12). I produce a certificate—( read—Eliza Harriss, convicted July , 1847, of stealing a pair of boots, having been then before convicted )—Harriss is the woman—this is the fifth time she has been here. CUNNINGHAM — NOT GUILTY . HARRISS — GUILTY . Aged 23.— Transported for Ten Years . (There were two other indictments against Harriss.) 273. ANN DONOVAN ; stealing 1 blanket and 1 shawl, value 21 s .; the goods of James Charles Tinsley : having been before convicted. MARY ELIZABETH TINSLEY . My husband's name is James Charles Tinsley; the prisoner came to lodge with me in Oct., she was very kind to my little girl, who was ill, and I employed her, and she was about the place the same as myself—I found she was robbing me, and on 16th Nov. I missed a blanket from the room, where my children slept, level with hers—I accused her, she denied it—in the evening she said, "I want to go up-stairs, will you go with me?"—I said, "I will"—while we were up-stairs, she said, "I have taken your blanket, and intend replacing it again when I get some money"—when my husband came home she was taken to the station—this blanket, scarf, gown, and shawls ( produced ) are mine—some were taken from her own bed. RICHARD ARTHUR ( policeman ). I saw something drop in the road, which nobody but the prisoner could have dropped—it was these twenty-four dupli cates—I found a spencer with one of them at the pawnbroker's—Mrs. Tinsley gave me these duplicates next morning, with which I found all this property. WILLIAM SALMON . This property was pledged by the prisoner—it cor responds with the tickets. GEORGE WILD ( policeman ). I produce a certificate of the prisoner's con viction—( read Convicted May , 1847, and confined twenty-one days solitary )—she is the person. GUILTY . Aged 25.— Transported for Seven Years . (There was another indictment against the prisoner.) 274. JOHN ROBERTS ; stealing 2 loaves of bread, value 5 d .; the goods of Thomas Field , his master: to which he pleaded GUILTY . Aged 40 .— Confined Two Months . (The prisoner received a good character.) 275. HARRIETT JONES ; stealing 1 ale-glass, value 1 s .; the goods of James Woodly Smith : also 1 ring, 8 s .; the goods of James Campbell : also 1 knife, 5 s .; the goods of Matthew Williamson Cromartie : also 1 sheet, 1 towel, and 1 umbrella, value 12 s . 3 d .; the goods of Eliza Eleanor Cromartie : to all of which she pleaded GUILTY . Aged 33.— Confined Twelve Month . 276. JAMES KELLY ; burglariously breaking and entering the dwelling, house of George Meyer , with intent to steal. JOSEPH SCHWAR . I lodge at Mr. George Meyer's, a watch and clockmaker, of Union-street, Borough—he lives in the house—I sleep in the back workshop—I awoke about four o'clock in the morning, and saw a light in the coalhole; I got up, and found the prisoner there—it is part of the house—five holes were bored in the door—I saw it safe and locked at ten at night—I made a great noise, and fastened the door—my master came, and went for t policeman—I found this gimlet ( produced ) in the coalhole—we mined nothing. WARWICK VAUGHAN ( policeman, M 36). I took the prisoner, and found a box of lucifers and a candle on him—the coalhole is part of the house, which is in the parish of St. Saviour's—the holes must have been made to get his hand through to get the door open. GUILTY . Aged 19.— Confined Six Months . Before Edward Bullock, Esq. 277. WILLIAM HANDCOCK ; stealing 11 l . 2 peck of potatoes, value 9 d .; the goods of Henry Lambe Paterson , his master: to which he pleaded GUILTY . Aged 20.— Confined Four Months . 278. JONAS CHERRY ; stealing 2 wooden boxes, value 1 s .; the pro perty of the London and South Western Railway Company . CHARLES SQUIRE . I am a policeman on the South Western Railway, at the Nine Elms station—the prisoner was in the employ of Mr. Sayers, the railway carrier—on 4th Dec, between eight and nine o'clock in evening, I saw the prisoner and another man with a horse and cart at the station—they unloaded it, and the other man, Pigden, drove it away out of the warehouse—the prisoner walked by the side of it, and I saw the prisoner come from the corner of the warehouse with a box which he put in the cart; it was nearly dark—I saw him come from where the boxes are kept—he got in the cart when it was going on, and proceeded on his way home—I followed him to the outer gate—no one can pass without a pass, which they get in the warehouse—I saw the prisoner deliver the pass—Pigden was in the cart and another young man, who had got in after the boxes were put in—I after wards saw the pass, and I have it here—it is a pass for Sayers' van, empty; but the man who wrote the pass, has put "van" instead of "cart"—I followed the cart into the road, and said to the prisoner, "Cherry, you haw a pass for an empty cart"—he said, "Yes"—I said, "You have a box in it"—he said he knew that, it was all right—I do not believe the persons at the gate could see the box, I could hardly see it myself, it was placed under the seat—Cherry said the box belonged to them, and he would go and get a pass for it, and he got out of the cart—I afterwards looked at the address on the box, and I said to him, "You know Cherry this box does not belong to you"—he said, "It does not, but do not say anything about it, I do not mind what I give you to let me go"—I took him to the superin tendent, and he said I had better see the day superintendent—there was a card on the box—I took it off and gave it to Mr. Newman, the day super intendent of the goods department—I have known the prisoner there more than two years—he would know the rules and regulations there, one of which is, that a person must not take anything out without a pass, and they must not take it without a porter gives it to them—there was no porter where the prisoner took this box—there were two boxes, one inside the other. Prisoner. Q. Did I not say that I brought a box in the same name? A. No. Prisoner. Yes, I did; and I thought when I went in, that that was the box I wanted. PHILIP PHILEMON NEWMAN . I am superintendent of the goods depart ment at Nine Elms—we have boxes to be called for from the London carriers—they are placed on the carriers' side, outside the warehouse—on that Wednesday morning I received information from Charles Squires, and he gave me this card; here is on it, "William Keats, wholesale confectioner, Borough-market, Southwark"—the box was to go there—I produce the way-bill—it was sent from Portsmouth on the 3d Dec., and came to our warehouse—it was in the custody of the Railway Company—the prisoner's master is not a carrier to Portsmouth. THOMAS BENT ( policeman, V 95). I am employed by the South Western Railway Company. On the afternoon of that day, I apprehended the pri soner at Nine Elms—I said, "Cheery, I want you for stealing two boxes"—he said, "I know all about it; I will go with you." DAVID HENRY SAYER was called on his recognizance, and did not answer. Prisoner's Defence. In the lot that came up, there was a box directed to Kent, Borough-market; I found all but that, and I took this one. GUILTY . Aged 32.— Confined Four Months . 279. ANN HANSLEY ; stealing 2 tablecloths, and other goods, value 16 s .; the property of Clara Jermyn . ALFRED JERMYN . I am ten years old, my mother's name is Clara Jermyn; she is a widow. On a Saturday, near the end of last month, I was in Exmouth-street, Commercial-road; I had a bundle of clothes which my mother sent me with—it was between three and four o'clock in the afternoon, the prisoner met me—I had seen her before, she asked me if I would go on an errand for her—when we got to Sidney-street, I saw a name on a door, milliners and dress-makers—she told me to go there, and ask for two dresses in the name of Walker—I left my own bundle with her; she told me if I took it with me I should crumple the dresses—I went, and could not find the place—I came back, and she was still sitting on the step with my bundle—she said I had been to the wrong place—she told me to go back, and try to find it—I went; and when I came back she was gone, and my bundle too—I did not see her after that. Cross-examined by MR. O'BRIEN . Q. You were brought to see her when she was in prison? A. Yes; by Mr. Smith, the policeman, last Wednesday week, when she got out of the van—I had seen her two or three times before she took the bundle, in a beer-shop, where I have a place as potboy—I had never spoken to her—Mr. Smith told me that I was going to see the woman that took the bundle from me—I taw her coming out of the van, and knew her immediately—there were two men and two other women in the van—I am sure the prisoner is the person who took the bundle. CLARA JERMYN . I am a widow, I sent my son with the bundle on the 24th of Nov., it contained three shirts, two tablecloths, and other articles—I had them to mangle. NOT GUILTY . 280. ANN HANSLEY ; was again indicted for stealing 2 frocks, and other articles, value 3 s .; the goods of Thomas Dashwood , from the person of Maria Dashwood . JANE GARDNER . I am the wife of Charles Gardner. I have been help ing Mrs. Dashwood since last April—she is the wife of Thomas Dashwood—on 1 st Dec, I saw her do up these two frocks and other articles, and give them to a little girl, Maria, to take to the mangle—she is three years and five months old—she is now very ill with the measles—she went out with the bundle—she came back in about half an hour with the policeman. Cross-examined by MR. O'BRIEN . Q. How do you know Mr. Dash-wood's name? A. I gave it at the registration of the child—the men where he works call him Tom —his wife calls him Thomas. CHARLES ODELL . I am a fishmonger. On Saturday 1 st Dec, I saw toe prisoner in Lambeth-marsh—I had never seen her before—I saw her go to the child, who was about fifteen yards from Mrs. Dash wood's, and take the bundle from her—she then took the child by the hand and led it about a quarter of a mile—she left the child looking in at an artificial flower-makers, and she went on—I followed her about a quarter of a mile, and gave her in charge—she had the bundle; the policeman has got it. WILLIAM WRETTEN ( policemant L 173). The prisoner was given into my charge—she had this bundle—she said she took it from the child to take to the mangle—Mrs. Daahwood's house is more than a quarter of a mile from where I took the prisoner. GUILTY . Aged 18.— Confined Six Month , Before Mr. Common Serjeant. 281. AMELIA HAWKINS ; stealing 1 gown, and other articles, value 2 l ., 1 s . 6 d .; the goods of Samuel Bellamy ; having been before convicted: to which she pleaded GUILTY . Aged 20.— Transported for Seven Yean . 282. JOSEPH PIZEY ; stealing 1 ring, value 18 l .; the goods of George Dougal , his master: to which he pleaded GUILTY . Aged 46.— Confined Six Months . 283. WILLIAM RAY ; unlawfully obtaining money of John Forrell and others, by false pretences: to which he pleaded GUILTY . Aged 30.— Confined Six Months . 284. JULIA COLLINS , THOMAS STEVENS , WILLIAM M'DO NALD , ANN PLUMMER ; and CAROLINE HILL were indicted for a robbery on George William Stone , and stealing from his person 1 watch, and other articles, value 13 l ., 10 sovereigns, 4 half-sovereigns, 2 half-crowni, and 6 sixpences: Plummer having been before convicted. Ma. COOPER conducted the Prosecution. GEOROR WILLIAM STONE . I am clerk to Mr. Taplin, and have been manag ing clerk to several solicitors in London. On 28th Nov., from ten to half-past ten o'clock, I left the office to go home to Albany-road, Camberwcll—as it was very cold, I went across to the Virginia Plant, in the Dover-road, and had two fourpenny glasses of rum and water—I stopped there about ten minutes—I did not sit down—after leaving, I think I passed about twenty houses, and just as I got to the corner of Lower Bland-street, the prisoners, Hill and Plummer, rushed upon me and seized me by the collar—I resisted, and they tore my buttons and button-holes, and dragged me down a little court, perhaps a dozen yards off, and into a house, No. 2, Sussex-place—they closed the doors, and Hill asked me for something to drink—I took out my purse and gave her two shillings; and Plummer went out, as I supposed, to get some liquor—I then wanted to leave, but Hill shut the door and set her back against it, which prevented me—immediately after that Collins came down stairs with a lighted candle, smiling, and entered into conversation with Hill and Plummer, who returned with some liquor—they then asked me to take something to drink, which I refused—they asked me again, and not thinking that it was drugged, or anything improper in it, I took some—I might have drank half a glass—they pressed me again, and I think I drank a second time—I heard a great deal of confusion either up-stairs or outside the door—I was very much alarmed—I dropped in a chair, and, to the best of my recollection, I beard no more—I awoke about six or seven in the morn ing—I had in my pockets the night before, ten sovereigns, some half sove reigns, and silver, amounting to about 14 l .—that was gone, and both my pockets were cut—I bad a gold watch, a gold chain and seal, and a mourning ring; they were all gone—my watch had been in my fob, and the fob was cut—I went up-stairs and found no one—the place only consists of two rooms—I went out and informed the policeman—I might have been half an hour with these women before I became drowsy—there was a candle in the room, two chairs, and an old table—I swear most positively that these are the women. Cross-examined by MR. WOOLLETT . Q. How long have you been in the service of your employers? A. Better than two years—I frequently stop till ten o'clock, it might have been half-past ten that night—the Virginia Plant it a most respectable wine-vaults—there was no place to sit down, I stood at the side-entrance while I was drinking—it may be called a gin palace—it is written up "Wine Establishment"—it might be the bar where I stood—I resisted—I did not call out "Police!"—I thought it was best to get away quietly—I went by compulsion—I dare say I might have called "Police" long enough, they are seldom in the way when wanted—I did not take the liquor by force, but I believe they threatened to throw it over me—I became insensible—I was not drunk. Plummer. When we were called for, you had to look at us, and you said you did not know but one prisoner, and that was Hill; then we were taken before the Magistrate, and you said you knew us both. Witness. I did not say so. WILLIAM WILLIAMS ( policeman, M 112). On 28th Nov., I was on duty in the Dover-road—I went down Sussex-place, between twelve and one o'clock—I saw M'Donald, Hill, and another girl that I do not know, come out of No. 2—they went away together towards the Bricklayers' Arms. Cross-examined by MR. HORRY . Q. Can you swear it was not before twelve? A. Yes; I heard the clock strike twelve before I saw them, and the houses were shut up. Cross-examined by MR. WOOLLETT . Q. What is your beat? A. The Dover-road and Bland-street—there are two policemen there, one on each side—there are a good many public-houses about there. DANIEL MARCHANT ( policeman, M 139). On the night of the 28th Nov, was on duty in the Dover-road, and saw Hill come out of Sussex-place between ten and twelve o'clock—there was no one with her—between one and two I saw Collins come out of Sussex-place with a bundle under her shawl—I saw M'Donald that night, at a little before twelve, in the Dover road, about forty yards from Sussex-pi ace. GEORGE PURKISS ( policeman, M 84). On 28th Nov., at half-past twelve at night, I saw Plummer at the corner of Lower Bland-street—I asked her what she was doing there—she said she had sent some one, I cannot say whether she said a bloak or not—I know her to live at 2, Sussex-place. Plummer. Q. How have you known it? A. By seeing you go up and I down there frequently. GEORGE MARSHALL . I am shopman to Mr. Brill, of 168, High-street, Borough. On 29th Nov., between eight and ten in the morning, M'Donald, Hill, and Plummer, came into our shop together—they purchased two gowns, two shawls, and a pair of boots, all new—M 'Donald talked with them, and seemed intimate with them. Cross-examined by MR. HORRY . Q. Had you anybody in before they came? A. I do not recollect—we had a good many in the course of the day—I had seen Plummer before—I do not recollect seeing the others before—the next time I saw M'Donald was at the station, where I was fetched by Sergeant Goff—I was told the parties were in custody for a robbery—I was to appear against them—I saw them all together—the purchase amounted to 1 l . 9 s . 9 d .—I was to identify the persons who purchased the things—then these five persons were pointed out—I know four of them, two of the women and the two men. Plummer. Q. You say you have known me? A. Yes; I never heard of your being taken up. JOHN CLARK . I live in Starr-street, Westminster-road, and am a smith. On 29th Nov. I was at the Cooper's Arms, Tothill-street—I saw Hill M'Donald, and Stevens, about ten in the morning, and another woman, bat neither of the prisoners—M'Donald told me that they had had a touch of 24 l ., a watch, a chain, and a slum —after that Plummer came and joined the other women—they were all together at last. Cross-examined by MR. HORRY . Q. What were you doing? A. Standing outside the Cooper's Arms, waiting to see the prisoners come out of the Tower-street station-house—I had no work that day—I work in the Old Kent-road, but at times I wait there in the parlour of the public-house—I had never seen either of the prisoners before that I know of—the way it I began was this; the two men came up to me and asked if I could tell them the Cooper's Arms—I said "Yes"—they went into the tap-room and called for a pint of half-and-half—they had been there half an hour, when Hill and another woman came and called them out—they came to the bar and had a quartern of gin, and they all four went away together—afterwards Hill and the other woman came and had some gin, and went out again, and some time afterwards I was going up the street, I met the same two women—they asked me if I would have anything to drink—I said I did not mind if I did—we then met M'Donald, and went up to the Tower public-house, and there be stated that he had spent 12 l . since the night before, and he did not care how soon he spent the remainder, for he did not know where he should be the next day—I said, "Don't you?"—he said, "No, we touched 24 l ., a watch, a chain, and a slum "—I went then and told the police—when the prisoners were taken I walked to the station with them. Hill. Q. Where did you meet me on the 29th? A. When you and the other woman came into the public-house and fetched the two men out—after you took the gin you went home with it—as I walked by their side Plummer gave me a sovereign, because she could not swallow it—Stevens and Plummer said they were going to Maidstone, and the others were going to Peckham. Plummer. Q. Did you not say that two of us said we were going to Guildford? A. I might make that mistake, but I have spoken the truth—I said nothing to you. JOSEPH DAVIS . I am a shoemaker, and live in Providence-row, Walworth. On 1st Dec. Collins came to sleep at my house—(I knew her sister before)—she had a gold watch, a gold chain and seal, and a mourning-ring—I after wards questioned her how she became possessed of them—she said she got them from a gentleman—she said a young woman took a gentleman home, and they had a pint of gin; that the gentleman took five glasses, and the last glass was mixed up with snuff, and a young man with her had turned him up—she left my house, as I did not wish her to be there with stolen money—she had money about her, which she said was a portion of the money which was shared amongst the parties there, and then they left the house—the mourning-ring had initials engraved inside—I gave information next morning. MR. STONE re-examined. That description corresponds with the ring I lost, MR. WOOLLETT to JOSEPH DAVIS . Q. You knew Collins? A. Not herself—her sister brought her to me—I have known her sister three or four months; she did not live with me—I knew her promiscuously, as I might any other female—Collins came to sleep there, and she made this confession to me—she told me this by my being acquainted with her sister—she told me she took this watch and chain, and ring from a gentleman; she did not say where—I went before the Magistrate last Thursday—Collins was then in custody, she was taken on the Wednesday before—I laid the information before Sergeant Goff, and he had the conducting of this case—Collins was taken on my information, and I appeared the following day—I had made known the case to another policeman early in the morning, after Collins left my house—I lost sight of her from that time. EMMA WELLBR . I am single, and live at 31, Lower Bland-street I let the house, 2, Sussex-place, for Mr. Good, to Julia Collins, but I did not know her name then—on 28th Nov. she was the tenant—she left it from the time of the robbery. Cross-examined by MR. WOOLLRTT . Q. How do you know it was her if you did not know her name? A. She and another person came to the house. CHARLES BURGESS GOFF ( police-sergeant. L 8). On the morning of 29th Nov. I saw M'Donald, Hill, and, I believe, Plummer, in Tower-street—I watched them up the street, and between one and two o'clock I saw all the prisoners, except Collins, in company with two others—I followed them some distance—M'Donald left them, I handed him to an officer, and followed the other three, and took them—I asked Stevens who the young man was he had just left—he said he had left no young man—I took him to the station, and asked him what money he had got—he said, "None"—I put my hand into his pocket, and found three sovereigns and 4 s .—he said, "That is my own; it is my hard earnings"—on 12th Dec. I took Collins; I found a key on her, which fitted the house, 2, Sussex-place. MARY ANN WOOD . I am searcher at the station. I searched Hill and Plummer, and found on them 1 l . 6 s ., a key, and a duplicate—they had new clothes on. Witnesses for M'Donald's Defence. CATHARINE M'DONALD . I live at 6, Dix's-buildings, George-street, Borough, below the Bricklayers' Arms. I am M'Donald's mother—I recollect Wednesday, 28th Nov.—my son was taken into custody on the Thursday—on the Wednesday night he came home about a quarter or half. past eleven o'clock; he then had his supper, and went to bed; I am certain he went to bed; he put off his clothes in my kitchen—he took the candle and called me to take the light—I took up his coat, and put it on the bed—he left his shoes, and could not find them, for I put them in a cupboard till I came down next morning—at half-past six the next morning a person came with a double knock at the door, and asked if my son was at home—I said "Yes," asked him in, and called my son—I saw the party, and heard the voice—I cannot say whether I have heard the voice since—I could not swear whether any of the parties at the bar look like that party—I asked my son if he should be in to breakfast—he said he would—I came down and gave him his shoes, and he took his coat and handkerchief, and went out—it was not light enough for me to distinguish the party who came for him—my son had a situation in the Bricklayers' Arms—he has been usually em ployed there. COURT . Q. Did your husband see your son that night? A. He was gone to bed, but he heard his voice; he asked what time it was—I said about half-past eleven o'clock—nobody saw my son that night but me and a little boy, seven or eight years old—my son slept in the parlour down-stain—I slept up-stairs over him—I did not go out after he came in—the door was never unbolted—he had bread and butter for supper—I think my husband saw him next morning, but I really forget—I think he asked him if he would be in to his breakfast. JOHN M'DONALD . I am the husband of the last witness. I went to bed about ten o'clock on 28th Nov.—I heard my son come home that night, but I did not see him; I heard his voice—I cannot judge what time it was—I was in bed. Plummet's Defence. Would the gentleman suffer me and this female to drag him into the house, and not call out? the other persons said they never saw me in the house before that; the last three months I was laid up in Guy's Hospital; the clothes I have on have been given me by different persons; I am innocent of the crime I am charged with. Hill put in a written defence, declaring her innocence, and that she was mistaken for some other party; that on the night of the robbery she went out about half-past ten, having been out all day ironing, and did not lean home till after seven next morning; that the money found on her belonged to herself, and the duplicate of the shawl to her mother; and that her meeting with Plummer was purely accidental. (Eliza Lake and Eleanor Carey gave Hill a good character, and William Mason, of Swan-street,—ware-road, and Francis Kelly, gave M'Donald a good character.) HENRY BARRY ( policeman, A 455). I produce a certificate of Plom mer's conviction—( read—Convicted Sept. , 1843, and confined three months )—she is the person. STEVENS — NOT GUILTY . COLLINS — GUILTY .† Transported for Ten Years . M'DONALD — GUILTY .† Aged 18.— Transported for Ten Years . PLUMMER — GUILTY .†Aged 22.— Transported for Fifteen Years , HILL — GUILTY .† Aged 19.— Transported for Ten Years . ADJOURNED TO MONDAY, JANUARY 7 TH , 1850.

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